J 
 
1» 
 
A 
 
 DICTIONARY 
 
 OF 
 
 GREEK AND ROMAN ANTIQUITIES. 
 
 EDITED BY 
 
 AVILLIAM SMITH, Ph.D. 
 
 ILLUSTRATED BY NUMEROUS ENGRAVINGS ON WOOD. 
 
 LONDON: 
 PRINTED FOR TAYLOR AND WALTON, 
 28, UPPER GOWER STREET. 
 1842. 
 
GETTY CENTE] 
 
 LIBRARY 
 
LIST OF WRITERS. 
 
 INITIALS. NAMES. 
 
 A. A. Alexander Allen, Ph. D. 
 
 J. W. D. John William Donaldson, M. A. 
 
 Late Fellow of Trinity College, Cambridge. 
 W. F. D. William Fishburn Donkin, M. A. 
 
 Fellow of University College, Oxford. 
 W. A. G. William Alexander Greenhill, M. D. 
 
 Trinity College, Oxford. 
 
 B. J. Benjamin Jowett, B. A. 
 
 Fellow of Baliol College, Oxford. 
 
 C. R. K. Charles Rann Kennedy, M. A. 
 
 Late Fellow of Trinity College, Cambridge. 
 K. Thomas Hewitt Key, M. A. 
 
 Professor of Latin in University College, London. 
 H. G. L. Henry George Liddell, M. A. 
 
 Student of Christ Church, Oxford. 
 G. L. George Long, M. A. 
 
 Late Fellow of Trinity College, Cambridge. 
 J. S. M. John Smith Mansfield, M. A. 
 
 Fellow of Trinity College, Cambridge. 
 J. N. John Narrien, Esq. 
 
 Royal Military College, Sandhurst. 
 W. R. William Ramsay, M. A. 
 
 Professor of Humanity in the University of Glasgow. 
 A. R. Anthony Rich, Jun. B. A. 
 
 L. S. Leonhard Schmitz, Ph. D. 
 
 Late of the University of Bonn. 
 P. S. Philip Smith, B. A. 
 
 R. W — TT. Richard Westmacott, Jun. Esq. 
 R. W— N. Robert Whiston, M. A. 
 
 Fellow of Trinity College, Cambridge. 
 R. N. W. Ralph Nicholson Wornum, Esq. 
 J. Y. James Yates, M. A. F. R. S. 
 
 The Articles which have no initials attached to them are written by the Editor. 
 
PREFACE. 
 
 The study of Greek and Roman Antiquities has, in common with all other 
 philological studies, made great progress in Europe within the last fifty years. 
 The earlier writers on the subject, whose works are contained in the collections 
 of Gronovius and Graevius, display little historical criticism, and give no com- 
 prehensive view or living idea of the public and private life of the ancients. 
 They were contented, for the most part, with merely collecting facts, and arrang- 
 ing them in some systematic form, and seemed not to have felt the want of any- 
 thing more : they wrote about antiquity as if the people had never existed : they 
 did not attempt to realize to their own minds, or to represent to those of others, 
 the living spirit of Greek and Roman civilization. But by the labours of modern 
 scholars life has been breathed into the study : men are no longer satisfied with 
 isolated facts on separate departments of the subject, but endeavour to form some 
 conception of antiquity as an organic whole, and to trace the relation of one part 
 to another. 
 
 There is scarcely a single subject included under the general name of Greek 
 and Roman Antiquities, which has not received elucidation from the writings of 
 the modern scholars of Germany. The history and political relations of the 
 nations of antiquity have been placed in an entirely different light since the pub- 
 lication of Niebuhr's Roman History, which gave a new impulse to the study, 
 and has been succeeded by the works of Biickh, K. O. Miiller, Wachsmuth, 
 K. F. Hermann, and other distinguished scholars. The study of the Roman 
 law, which has been unaccountably neglected in this country, has been pro- 
 secuted with extraordinary success by the great jui'ists of Germany, among 
 whom Savigny stands pre-eminent, and claims our profoundest admiration. 
 The subject of Attic law, though in a scientific point of view one of much 
 less interest and importance than the Roman law, but without a competent 
 knowledge of which it is impossible to understand the Greek orators, has also 
 received much elucidation from the writings of Meier, Schumann, Bunsen, 
 Platner, Hudtwalcker, and others. Nor has the private life of the ancients 
 been nt^glccted. The discovery of Hcrculaneum and Pompeii has supplied 
 
vni 
 
 PREFACE. 
 
 us with important information on the subject, which has also been dis- 
 cussed with ability by several modern writers, among whom W. A. Becker, of 
 Leipzig, deserves to be particularly mentioned. The study of ancient art like- 
 wise, to which our scholars have paid little attention, has been diligently cul- 
 tivated in Germany from the time of Winckelmann and Lessing, who founded 
 the modern school of criticism in art, to which we are indebted for so many 
 valuable works. 
 
 While, however, so much has been done in every department of the subject, 
 no attempt has hitherto been made, either in Germany or in this country, to 
 make the results of modern researches available for the purposes of instruction, 
 by giving them in a single work, adapted for the use of students. At present, 
 correct information on many matters of antiquity can only be obtained by 
 consulting a large number of costly works, which few students can have access 
 to. It was therefore thought that a work on Greek and Roman Antiquities, 
 which should be founded on a careful examination of the original sources, with 
 such aids as could be derived from the best modern writers, and which should 
 bring up the subject, so to speak, to the present state of philological learning, 
 would form a useful acquisition to all persons engaged in the study of antiquity. 
 
 It was supposed that this work might fall into the hands of two different classes 
 of readers, and it was therefore considered proper to provide for the probable 
 wants of each, as far as was possible. It has been intended not only for schools, 
 but also for the use of students at universities, and of other persons, who may 
 wish to obtain more extensive information on the subject than an elementary 
 work can supply. Accordingly numerous references have been given, not only 
 to the classical authors, but also to the best modern writers, which will point 
 out the sources of information on each subject, and enable the reader to extend 
 his inquiries further if he wishes. At the same time it must be observed, 
 that it has been impossible to give at the end of each article the whole of the 
 literature which belongs to it. Such a list of works as a full account of 
 the literature would require, would have swelled the work much beyond the 
 limits of a single volume, and it has therefore only been possible to refer to the 
 principal modern authorities. This has been more particularly the case with 
 such articles as treat of the Roman constitution and law, on which the modern 
 writers are almost innumerable. 
 
 A work like the present might have been arranged either in a systematic or 
 an alphabetical form. Each plan has its advantages and disadvantages, but many 
 reasons induced the Editor to adopt the latter. Besides the obvious advantage 
 of an alphabetical arrangement in a work of reference like the present, it en- 
 abled the Editor to avail himself of the assistance of several scholars who had 
 made certain departments of antiquity their particular study. It is quite im- 
 possible that a work which comprehends all the subjects included under Greek 
 and Roman Antiquities can be written satisfactorily by any one individual. As 
 it was therefore absolutely necessary to divide the labour, no other arrangement 
 
PREFACE. 
 
 IX 
 
 offered so many facilities for the purpose as that which has been adopted ; in 
 addition to which, the form of a Dictionary has the additional advantage of en- 
 abling the writer to give a complete account of a subject under one head, which 
 cannot so well be done in a systematic work. An example will illustrate what is 
 meant. A history of the patrician and plebeian orders at Rome can only be 
 gained from a systematic work by putting together the statements contained in 
 many different parts of the work, while in a Dictionary, a connected view of 
 their history is given from the earliest to the latest times under the respective 
 words. The same remark will apply to numerous other subjects. 
 
 The initials of each Writer's name are given at the end of the articles he has 
 written, and a list of the names of the Contributors is prefixed to the work. It 
 may be proper to state, that the Editor is not answerable for every opinion or 
 statement contained in the work : he has endeavoured to obtain the best assist- 
 ance that he could ; but he has not thought it proper or necessary to exercise 
 more than a general superintendence, as each writer has attached his name 
 to the articles he has written, and is therefore responsible for them. It may 
 also not be unnecessary to remark, in order to guard against any misconception, 
 that each writer is only responsible for his own articles, and for no other parts 
 of the work. 
 
 Some subjects have been included in the present work which have not usually 
 been treated of in works on Greek and Roman Antiquities. These subjects 
 have been inserted on account of the important influence which they exercised 
 upon the public and private life of the ancients. Thus, considerable space has 
 been given to the articles on Painting and Statuary, jfnd also to those on the 
 different departments of the Drama. There may seem to be some inconsistency 
 and apparent capriciousness in the admission and rejection of subjects, but it is 
 very difficult to determine at what point to stop in a work of this kind. A 
 Dictionary of Greek and Roman Antiquities, if understood in its most extensive 
 signification, would comprehend an account of every thing relating to antiquity. 
 In its narrower sense however the term is confined to an account of the public 
 and private life of the Greeks and Romans, and it is convenient to adhere to this 
 signification of the word, however arbitrary it may be. For this reason several 
 articles have been inserted in the work which some persons may regard as out of 
 place, and others have been omitted which have sometimes been improperly in- 
 cluded in writings on Greek and Roman Antiquities. Neither the names of 
 persons and divinities, nor those of places, have been inserted in the present 
 work, as the former will be treated of in the " Dictionary of Greek and Roman 
 Biography and Mythology," and the latter in the " Dictionary of Greek and 
 Roman Geography." 
 
 The subjects of the woodcuts have been chosen by the writers of the articles 
 which they illustrate, and the drawings have been made under their superinten- 
 dence.* Many of these have been taken from originals in the British Museum, 
 
 * The woodcuts have been executed bv Mr. John Jackson. 
 
 b 
 
X 
 
 PREFACE. 
 
 and others from the different works which contain representations of works of 
 ancient art, as the Museo Borbonico, Museo Capitolino, Millin's Peintures de 
 Vases Antiques, Tischbein's and D'Hancarville's engravings from Sir William 
 Hamilton's Vases, and other similar works. Hitherto little use has been made in 
 this country of existing works of art for the purpose of illustrating antiquity. In 
 many cases, however, the representation of an object gives a far better idea of the 
 purposes for which it was intended, and the way in which it was used, than any 
 explanation in words only can convey. Besides which, some acquaintance with 
 the remains of ancient art is almost essential to a proper perception of the spirit 
 of antiquity, and would tend to refine and elevate the taste, and lead to a just 
 appreciation of works of art in general. 
 
 Considerable care has been taken in drawing up the list of articles ; but it is 
 feared that there may still be a few omissions. Some subjects, however, which do 
 not occur in the alphabetical list, are treated of in other articles ; and it will be 
 foundj by reference to the Index, that many subjects are not omitted which appear 
 to be so. The reader will occasionally find some words referred for explanation to 
 other articles, which are not treated of under the articles to which the references 
 are made. Such instances, however, occur but rarely, and are rectified by the 
 Index, where the proper references are given. They have only arisen from the 
 circumstance of its having been found advisable in the course of the work to 
 treat of them under different heads from those which were originally intended. 
 Some inconsistency may also be observed in the use of Greek, Latin, and English 
 words for the names of the articles. The Latin language has generally been 
 adopted for the purpose* and the subjects connected with Greek antiquity have 
 been inserted under their Greek names, where no corresponding words existed in 
 Latin. In some cases, however, it has for various reasons been found more con- 
 venient to insert subjects under their English names, but this has only been done 
 to a limited extent. Any little difficulty which may arise from this circumstance 
 is also remedied by the Index, where the subjects are given under their Greek, 
 Latin, and English titles, together with the page where they are treated of. The 
 words have been arranged according to the order of the letters in the Latin 
 alphabet. 
 
 Mr. George Long, who has contributed to this work the articles relating to 
 Roman Law, has sent the Editor the following remarks, which he wishes to 
 make respecting the articles he has written, and which are accordingly subjoined 
 in his own words. 
 
 " The writer of the articles marked with the letters G. L. considers some 
 " apology necessary in respect of what he has contributed to this work. He has 
 " never had the advantage of attending a course of lectures on Roman Law, and 
 " he has written these articles in the midst of numerous engagements, which left 
 " little time for other labour. The want of proper materials also was often felt, 
 " and it would have been sufficient to prevent the writer from venturing on suoh 
 " an undertaking, if he had not been able to avail himself of the library of his 
 
PREFACE. 
 
 xi 
 
 " friend, Mr. William Wright, of Lincoln's Inn. These circumstances will, 
 " perhaps, be some excuse for the errors and imperfections which will be 
 " apparent enough to those who are competent judges. It is only those who have 
 " formed an adequate conception of the extent and variety of the matter of law 
 " in general, and of the Roman Law in particular, who can estimate the difficulty 
 " of writing on such a subject in England, and they will allow to him who has 
 " attempted it a just measure of indulgence. The writer claims such indulgence 
 " from those living writers of whose labours he has availed himself, if any of 
 " these articles should ever fall in their way. It will be apparent that these 
 
 articles have been written mainly with the view of illustrating the classical 
 " writers ; and that a consideration of the persons for whose use they are in- 
 " tended and the present state of knowledge of the Roman Law in this country, 
 " have been sufficient reasons for the omission of many important matters which 
 " would have been useless to most readers and sometimes unintelligible. 
 
 " Though few modern writers have been used, compared with the whole 
 " number who might have been used, they are not absolutely few, and many of 
 " them to Englishmen are new. Many of them also are the best, and among 
 " the best of the kind. The difficulty of writing these articles was increased by 
 " the want of books in the English language, for though we have many writers 
 " on various departments of the Roman Law, of whom two or three have been 
 " referred to, they have been seldom used, and with very little profit." 
 
 It would be improper to close these remarks without stating the obligations 
 this work is under to Mr. Long. It was chiefly through his advice and en- 
 couragement that the Editor was induced to undertake it, and during its 
 progress he has always been ready to give his counsel whenever it was 
 needed. It is therefore as much a matter of duty as it is of pleasure to make 
 this public acknowledgment to him. 
 
 WILLIAM SMITH. 
 
 London, April 2n(l, 1842. 
 
A DICTIONARY 
 
 OP 
 
 GREEK AND ROMAN ANTIQUITIES. 
 
 ABACUS. 
 
 AB'ACUS (aSa^) denoted generally and 
 primarily a s(|uare talilot of any material. Hence 
 we find it applicil in the following special signifi- 
 cations : — 
 
 I. In Architectnre it denoted the flat square 
 stone, which constituted the highest member of a 
 colnmn, Jieing placed immediately under the archi- 
 trave. The annexed tignre is drawn from that in 
 the liritish Museum, wiiich was taken from the 
 Partlu'uon at Athens, and is a perfect specimen of 
 the capital of a Doric column. 
 
 In the more ornamented orders of arcliitecture, 
 sucli as the Corinthian, the sides of the abacus 
 were curved inwards, and a rose or some other 
 decoration was frequently placed in the middle of 
 each side ; but the name Abacus was given to 
 the stone thus diversified and enriched, as well as 
 in its original form. (Vitruv. iii. 3 ; iv. 1 . 7.) 
 
 II. The diminutive Abaculiis (d&ci(ci'cr«:os) 
 denoted a tile of marble, glass, or any other sub- 
 stance used for making ornamental pavements. 
 
 Pliny, in his account of glass, says (//. A'", xxxvi. 
 67), " It is artificially stained as in making the 
 small tiles, which some persons call abaculi." 
 Moschion says, that tlie magnificent ship built by 
 Archimedes for Iliero, king of Syracuse, contained 
 a pavement made of such tiles of various colours 
 and materials. (AaTreSoc iv d§aKi(rKois (TvyKiijiivov 
 fK TravTOLUv \i6av. Apud Athen. v. 207.) 
 
 III. Abacus was also employed in Architecture 
 to denote a panel, coffer, or square compartment in 
 the wall or ceiling of a chamber. As panels are 
 intended for variety and ornament, they were 
 enriched with painting. (Plin. H. N. xxxiii. 5G ; 
 XXXV. lis.) Pliny, in describing the progress of 
 luxury with respect to the decoration of apart- 
 ments, says, that the Romans were now no longer 
 
 ABACUS. 
 
 satisfied with panels («o« plcmr/i jam abaci), and 
 were beginning even to paint upon marble. 
 
 (//. N.XXXY. 1.) 
 
 IV. AiiAfiis further denoted a wooden tray, 
 i. e. a square board surrounded liy a raised border. 
 This may have been the article intended by Cato, 
 when in his enumeration of the tilings necessary in 
 furnishing a fiirm (oHvetum), he mentions " one 
 abacus." {De Be Bust. 10.) 
 
 Such a tray would be useful for various pur- 
 poses. (See Cratin. Fracj. edit. Runkel, p. 27 ; 
 Pollux, vi. 90 ; x. 105 ; Bekker, Anec. Or. i. 27.) 
 It might very well be used for making bread and 
 confectionary ; and hence the name of abacus 
 (dSa^, d.§ai{iov) was given to the fiaKTpa, 
 i. c. tlie board or tray for kneading dough. 
 (Ilesych. sub McsKrpa : Sdiol. in Theocr. iv. 61.) 
 
 V. A tray of the same description, covered with 
 sand or dust, was used by mathematicians for 
 drawing diagrams. (Eustath. in Od. i. 107. p. 
 13,97.) 
 
 VI. It is evident that this contrivance would 
 be no less serviceable to the arithmetician : and to 
 this application of it Pcrsius (.SV(/. i. 131) alludes, 
 when he censures the man wlio ridiculed " the 
 nmnbers on the abacus and the partitions in its 
 divided dust." Abaco numfros, ct secto in pulrcre 
 metas. In this instance the poet seems to have 
 supposed perpendicular lines or channels to have 
 been drawn in the sand upon the board ; and the 
 instrament might thus in the simplest and easiest 
 manner be adapted for arithmetical computation. 
 
 It appears that tiie same purpose was answered 
 by having a similar tray with perpendicular 
 wooden divisions, the space on the right hand 
 being intended for units, the next space for tens, 
 the next for hundreds, and so on. Thus was con- 
 structed the dSaKiov, if o5 \f/r](l>l^ov(nv, " the 
 abacus on which they calculate," i. e. reckon by 
 the use of stones (^ipi^cpot, calculi). (Eustath. in 
 Oi-L iv. 249. p. 1494.) The figure following is de- 
 signed to represent the probable form and appear- 
 ance of siich an abacus. 
 
 The reader will observe, that stone after 
 stone might be put into the right-hand parti- 
 tion until they amounted to 10, when it would 
 be necessary to take them all out as represented 
 in the figure, and instead of them to put one 
 stone into the next partition. The stones in 
 this division might in like manner amount to 10, 
 thus representing 10 X 10 = 100, when it would be 
 necessary to Uike out the 10, and instead of them 
 to put one stone into the third partition, and so on. 
 
2 ABACUS. 
 
 On this principle the stones in the abacus, as de- 
 lineated in the figure, would be equivalent to 
 3S9,310. 
 
 It is evident that the same method might be 
 employed in adding-, subtracting, or multiplying 
 weights and measures, and sums of money. Thus 
 the stones, as arranged in the figure, might stand 
 for 3 stadia, 5 plethra, 9 fathoms, 3 cuiits, and 1 
 ybot. 
 
 That the spaces of the abacus actually denoted 
 different values may be inferred from the following 
 comparison in Polybius (v. "26) : — " All men are 
 subject to be elevated and again depressed by the 
 most fleeting events ; but this is particularly the 
 case with those who frequent the palaces of kings. 
 They are like the stones upon abaci (rah iirl twv 
 aSaKiwv ^riipois), which according to the pleasure 
 of the calculator (\j/r}ipt^ovTos) are at one time of 
 the value of a small copper coin (xc-^koOv), and 
 immediately afterwards are worth a talent of gold 
 (raKauTov). Thus courtiers at the monarch's nod 
 may suddenly become either happy or miserable.' 
 
 VII. By another variation the Abacus was 
 adapted for playing with dice or counters. The 
 Greeks had a tradition ascribing this contrivance 
 to Palamedes, hence they called it "• the abacus of 
 Palamedes." {ToUaAa/jLi^Setov aStiKtov. Eustath. 
 in Od. i. 107. p. 139(i.) It probably bore a con- 
 siderable resemblance to the modem back-gammon 
 board, dice (kvSoi) being thrown for the moves, 
 and the " men" (Trecrfro!) placed according to the 
 numbers thrown on the successive lines or spaces 
 of the board. 
 
 VIII. The term Abacus was also applied to a 
 kind of cupboard, sideboard, or cabinet, the exact 
 form of which can only be inferred from the inci- 
 dental mention of it by ancient writers. It appears 
 that it had partitions for holding cups and all 
 kinds of valuable and ornamental utensils : — 
 
 " Nec per multiplices abaco splendente cavemas 
 Argenti nigri pocula defodiam." 
 
 Sidonius Apollin. Car. xvii. 7, 8. 
 This passage must evidently have referred to a 
 piece of furniture with numerous cells and of a 
 complicated construction. If we suppose it to have 
 been a square frame with shelves or partitions, in 
 some degree corresponding to the divisions which 
 have been described under the two last heads, we 
 shall see that the term might easily be transferred 
 from all its other applications to the sense now 
 under consideration. 
 
 We are informed that luxuries of this description 
 were first introduced at Rome from Asia Minor 
 after the victories of Cn. Manlius Vulso, a. u 
 667^ (Liv. xxxix. C ; Plin. xxxix. 8.) 
 
 ABOLLA. 
 
 In the above passage of Sidonius, the principal 
 use of the abacus now described, is indicated by 
 the word an/ndi, referring to the vessels of 
 silver which it contained, and being probably de- 
 signed, like our word " plate," to include similar 
 articles made of gold and other precious substances. 
 (See Cic. Tusc. v.'21 ; Varro, ZJe Lifif/. JxiLix. 33. 
 p. 489, edit. Spengel.) 
 
 The term abacus must, however, have been ap- 
 plicable to cupboards of a simple and unadorned . 
 appearance. Juvenal says (iii. 187) of the tri- 
 clinium and drinking-vcssels of a poor man : — 
 " Lectus erat Codro Procula minor, urceoli sex 
 
 Ornamentum abaci, necnon et parvulus infra 
 
 Cantharus." 
 
 The abacus was in fact part of the furniture of a 
 triclinium, and was intended to contain the vessels 
 usually required at meals. 
 
 IX. Lastly, a part of the theatre was called 
 agaKes, " the abaci." It seems to have been on 
 or near the stage ; further than this its position 
 cannot be at present determined. We may, how- 
 ever, infer, that the general idea, characteristic of 
 abaci in every other sense, viz. that of a square 
 tiiblet, was applicable in this case also. [J. Y.] 
 ABALIENA'TIO. [Mancipium ; Manci- 
 
 I'ATIO.] 
 
 ABDICA'TIO. [Magistratus ; 'AOOKH'- 
 PTEI2.] 
 
 ABLEC'TI. [Extraordinarii.] 
 ABLEG'iVIINA {diro\eyno\) were the parts of 
 the victim which were offered to the gods in sacri- 
 fice. The word is derived from aliln/cn; in imita- 
 tion of the Greek airoXiytiv, which is used in a 
 similar manner. These parts were also called 
 Porncia/; P rosegmina, Prosecta. [Sacrifices.] 
 
 ABOL'LA, a woollen cloak or pall, is probably 
 only a varied fonn of pallium (tpapus), with which 
 this word is nearly, if not altogether identical in 
 signification. The form and manner of wearing the 
 abolla may be seen in the figures annexed, which 
 are taken from the bas-reliefs on the triumphal arch 
 of Septimius Severus at Rome. 
 
 The word was in use before the Augustan age ; 
 for it occurs in a passage cited by Nonius Marcel- 
 lus from one of the satires of Varro. Nonius 
 Marcellus quotes the passage to show that this 
 garment was worn by soldiers (vestis mUitaris), 
 
ACCENSI. 
 
 ACCESSIO. 
 
 3 
 
 and thus opposed to the toga. Tliere can be no 
 doubt that it was more especially the dress of 
 soldiers ; because the toan, which was used instead 
 of it in the time of peace, though of a similar form 
 and application, was much too large and wrapped 
 in too many folds about the body to be convenient 
 in time of war. But it is also clear, from many 
 passages in ancient authors, that the Abolla was by 
 no means confined in its use to military occasions. 
 (Suet. Caliii. c. .3.5 ; Martial, i. l.'J.S ; viii. 48.) 
 
 .luvenal, speaking of a person who heard imex- 
 pectedly that it was necessary for him to attend 
 upon the emperor, says (iv. 75), Rapta properaf/af. 
 uholla, " He took up his cloak in a great hurry." 
 This action suited the use of a gannent, made 
 simply to be thrown over the shoulders and 
 fastened with a fibula. The same poet calls a very 
 cruel and base action fminiis majork ahollae, liter- 
 ally " a crime of a larger cloak." The expression 
 has been explained as meaning " a crime of a deeper 
 dye," and " a crime committed by a philosopher of 
 a graver character." Probably it meant a crime so 
 enormous as to require a larger cloak to hide it. 
 This is supported by the authority of the ancient 
 scholiast on Juvenal, who explains majoris ahoUae 
 as equivalent to majoris pallii. [Palluim.] 
 
 The Periplus of the Erythrean Sea mentions 
 abollae among the articles imported into the king- 
 dom of the Axumites in Abyssinia ; and the ex- 
 pression Ifxariuiv aSjAAoi, used b}' the writer, is 
 an additional proof that the abolla was a kind of 
 Ifiariov, i. e. a square or recfemgidar piece of wool- 
 len cloth, a cloak, or pall. [J. Y.] 
 
 ABROGA'TIO. [Lex.] 
 
 ARSOLU'TIO. [JtiDinuM.l 
 
 ABSTINEN'DI BENEFIC'IUM. [Heres.] 
 
 "AKAINA, a measure of length, equivalent to ten 
 Greek feet. 
 
 ACAP'NA LIG'NA (a priv. and /fairj'ds),called 
 also cocta, were logs of wood dried with great care 
 in order to prevent smoke. (Mart. xiii. 15.) Pliny 
 says that wood soaked with the lees of oil (cimurca) 
 bunit without smoke. {H. N. xv. 8.) 
 
 Acapnon mel, which was considered the best kind 
 of honey, was obtained without driving out the 
 bees from their hives by smoke, which was the usual 
 method of procuring it. (Plin. H. N. xi. 15; 
 Colum. vi. 33.) 
 
 'AKA'TION (a diminutive of aicaTos, a small ves- 
 sel, 'El/ ToTcri (nrayuyo^ai dKotroicri, Herod, vii. 186 ; 
 compare Pindar, Pi/Hi. xi. G2 ; A'c. v. 5), a small 
 vessel or boat, which appears to have been the 
 same as the Roman scaplta ; since Suetonius (Jitl. 
 64), in relating the escape of Caesar from Alex- 
 andria, says that Caesar jumped into a sw/iifl, which 
 Plutarch, in narrating the same events, calls an 
 aKdriov. Thucydidcs (iv. G7) speaks of aKariov 
 oixipripiKov, which is explained by the scholiast, 
 Tl\oidpiov eKUTtpaBeu fpe(TcrdiJ.€vov, iv oj eKaaTos 
 Toov iKavvivTwv tiKoynia^ 6p€TT€i. 
 
 The aKdjia were also sails, which, according to the 
 description of Xenophon, were adapted for fast sail- 
 ing. They are opposed by him to the fjieydXa iVria. 
 (Xen. Hell. vi. 2. § 27, and Schneider's note.) 
 
 ACCEN'SI. I. The Accensus was a public 
 oflicer who attended on several of the Roman 
 magistrates. He anciently preceded the consul, 
 who had not the fasces, which custom, after being 
 long disused, was restored by Julius Caesar in his 
 first consulship. (Suet. Jul. 20 ; Liv. iii. 33.) It 
 was the duty of the accensi to summon the people 
 
 to the assemblies, and those who had lawsuits to 
 court ; and also, by command of the consul and 
 praetor, to proclaim the time, when it was the third 
 hour, the sixth hour, and tlie ninth hour, (^^arro, 
 De Unci. Lot. v. 9 ; Plin. vii. GO.) Accensi also 
 attended on the govomors of provinces (Cic. Ad 
 Frair. i. L § 4), and were commonly freedmen of 
 the magistrate on whom they attended. Varro de- 
 rives the word from acciendo, because they sum- 
 moned the people ; other writers suppose it to come 
 from acceyisere. 
 
 II. The Accensi were also a class of soldiers in 
 the Roman army. It appears that after the full 
 inmibcr of the legion had been completed, some 
 superuumeraiy soldiers were enlisted, who might 
 be always ready to supply any vacancies in the 
 legion. These soldiers, who were called cu/scriph 
 tii-i or adscriptitii (because, says Festus, svj>- 
 plendis legionibtis adscrihehantur), were usually 
 unaccustomed to military service, and were as- 
 signed to different centurions to be instnicted in 
 their duties. After they had been fonned into 
 a regular corps, they obtained the name of 
 accensi, and were reckoned among the light-armed 
 troops. (Walch on Tacit. Agric. c. 19.) In later 
 times they were also called supernumerarii. (Veget. 
 ii. 19.) They were placed in battle in the rear of 
 the army, behind the triarii. (Liv. viii. 8. 10.) 
 They had properly no military duty to perform, 
 since they did not march in troops against the 
 enemy. They were, according to the census of 
 Servius Tullius, taken from the fifth class of 
 citizens. (Liv. i. 43 ; Niebuhr, Rom. Hist. i. 
 p. 441, 2. transl.) 
 
 ACCEPTILA'TIO is defined to be a release by 
 mutual interrogation between debtor and creditor, 
 by which each party is exonerated from the same 
 contract. In other words, acccptilatio is the form 
 of words by which a creditor releases his debtor 
 from a debt or obligation, and acknowledges he has 
 received that which in fact he has not received. 
 This release of debt by acccptilatio applies only to 
 such debts as have been contracted by stipulatio, 
 confoi-mably to a rule of Roman law, that only con- 
 tracts made by words can be put an end to by 
 words. But the astuteness of the Roman lawyers 
 found a mode of complying with the rule, and at 
 the same time extending the acccptilatio to all 
 kinds and to any number of contracts. This was the 
 invention of Gallus Aquilius, who devised a fomnda 
 for reducing all and every kind of contracts to 
 the stipulatio. This being done, the acccptilatio 
 would immediately apply, inasmuch as the matter 
 was by such formula brought within the general 
 rule of law above mentioned. The acccptilatio 
 must be absolute and not conditional. A part of a 
 debt or obligation might be released as well as the 
 whole, provided the thing was in its nature capable 
 of division. A pupillus could not release a debt by 
 acccptilatio, without the consent of his tutor, but he 
 could be released from a debt. The phrase by which 
 a creditor is said to release his debtor by acccptilatio 
 is, debitori acceptum, or accepto facerc or ferrc, or 
 acceptum lialKre. When anything which was 
 done on the behalf of or for the state, such as 
 a building for instance, was approved by the 
 competent authorities, it was said, in accep- 
 tum ferri, or referri. (Dig. 46. tit. 4 ; 48. 
 tit. II. s. 7 ; Gains iii. IG9, &c.) [G. L.] 
 
 ACCES'SIO is a legal term, by which is ex- 
 pressed the produce or increase of auvthing, and 
 
 B 2 
 
4 ACERRA. 
 
 at the same time, the notion of such produce or in- 
 crease becoming the property of him to whom the 
 tiling itself belongs. The rule of law was expressed 
 thus : Acressio cedit jiriiicipuli. (Dig. 34. tit. 2. 
 s. 19. § 13.) Examples of accessio are contained 
 under the heads of Alluvio, Confusio, Fructus, 
 &c. [G.L.] 
 
 ACCLAMA'TIO was the public expression of 
 approbation or disapprobation, pleasure or dis- 
 ]>leasure, &c. by loud acclamations. On many oc- 
 casions, there appear to have been certain forms of 
 acclamations always used by the Romans ; as, for 
 instance, at marriages, lo Hiimen, Hi/menaee, or 
 T<tkisfiu (explained by Liv. i. 9) ; at triumphs, lo 
 tr'iiimphe, lo triumpJu; ; at the conclusion of plays 
 the last actor called out PhiiKliti: to the spectators; 
 oi'ators were usually jiraiscil by such expressions as 
 Jpiicet pi-iu'clair, JJi l/c ct festive, Non potest melius, 
 &c. (Cic. De Omi. iii. 26'.) Other instances of 
 ueclamationes are given by Ferrarius, in his De 
 Vctcrum Arclamaiionihus et Plausu ; in Graevius, 
 TItescmr. Horn. Antiq. vol. vi. 
 
 ACCU'BITA, the name of couches which 
 were used in the time of the Roman emperors, in- 
 stead of the triclinium, for reclining upon at meals. 
 'I'he mattresses and feather-beds were softer and 
 higher, and the supports {fiilcni) of them lower in 
 proportion, than in the triclinium. The clothes 
 and pillows spread over them were called ami- 
 hilalia. (Lamprid. Helioi/. 19. 25 ; Sclml. on Juv. 
 Sat. Y. 17.) [J. Y.] 
 
 ACCUSA'TIO. [Crimen ; Judicium.] 
 
 ACER'RA (XiSavti>T)s, Aigoi'a)Tp!j),the incense- 
 box used in sacrifices. 
 
 Horace {Od. iii. viii. 2), enumerating the principal 
 articles necessary in a solemn sacritice to Juno, 
 nu'utions " Flowers and a box full of frankincense." 
 ( F/iires, ct acerra tiiris IVcim. ) In Virgil (Ant. v. 
 74.j), Aeneas worships "with corn and with ft-ank- 
 incense from the full acerra." 
 
 " Farre pio et plena supplex veneratur acerra." 
 Servius explains the last word as meaning area 
 lliiirali-s. 
 
 Pliny (xxxv. 36. § 5), enumerating the principal 
 works of Parrhasius of Ephesus, says that he 
 painted Saverdotem adstante jiiiero cum aa-rra 
 et corona. The picture, therefore, represented a 
 priest preparing to sacrifice, with the boy standing 
 beside him, and holding the incense-box and a 
 wreath of flowers. This was, no doubt, a very 
 common and favourite subject for artists of every 
 kind. It frequently occurs in bas-reliefs repre- 
 senting sacrifices, and executed on vases, friezes, 
 and other ancient monuments. It occurs three 
 times on tlie columna Trajana at Rome, and once 
 on the arch of Constantine. 
 
 The annexed figure is taken from a bas-relief in 
 the museum of the Capitol. 
 
 ACETABULUM. 
 
 The acerra was also, according to Festus, a 
 small altar, placed before the dead, on which per- 
 fimies were burnt. Acerm um. i/mic ante iimrtuuni 
 poui solehai, in qua oilons ii/midilMiitur. There 
 was a law in the Twelve Tables, which re- 
 stricted the use of acerrae at funerals. (Cic. De 
 Leu. ii. 24.) [J. Y.l 
 
 'ACETAB'ULUM (o|is, u{,iSa<pou, o^vSa- 
 <piov), a vinegar-cup. 
 
 Among the various ways in which the Greeks 
 and Romans made use of vinegar (acetum) in their 
 cookery and at their meals, it appears that it was 
 customary to have upon the tiiblc a cup containing 
 vinegar, into which the guests might dip their 
 bread, lettuce, fish, or other viands, before eating 
 them. Of this fact we have no direct assurance ; 
 but it is implied in one of the Greek names of this 
 utensil, viz. ol^ilSa^ov, from d|i)s, aeid, and fiaisTw, 
 to dip or immerse. It also suits the various 
 secondary applications of these terms, both in 
 Latin and in Greek, which suppose the vessel to 
 have been wide and open above. In fact, the ace- 
 tabulimi must have been in form and size very like 
 a modern teacup. It probably differed from the 
 rpvSKiov, a vessel to which it was in other re- 
 spects analogous, in being of smaller cajiacity and 
 dimensions. 
 
 These vinegar-cups were commonly of earthen- 
 ware (Kepdfiea ixiKpa, Scliol. Arisfup/i. ; ecTTl ri 
 o|i5§a^oc eiSos kvXikos jxiKpa^ K^pajxias. Athenaeus, 
 xi. p. 494) ; but sometimes of silver, bronze, or 
 gold. (Athen. vi. p. 230.) 
 
 The accompanying figure is taken from Panofka's 
 Work on the names and forms of Greek vases, lie 
 states that on the painted vase, belonging to a col- 
 lection at Naples, from which he took this figure, 
 i the name oiiSaipa, is traced undemeath it. This 
 may therefore be regarded as an authentic specimen 
 of the general fonn of an antique vinegar-cup. 
 
 T 
 
 From proper vinegar-cups the Latin and Greek 
 terms under consideration were transferred to all 
 cups resembling them in size and form, to whatever 
 use they might be applied. 
 
 As the vinegar-cup was always small, and pro- 
 bably varied little in size, it came to be used as a 
 measure. Thus we read of an acetabulum of honey 
 or of salt, which is agreeable to our practice of 
 measuring by te;icups, wine-glasses, or table- 
 spoons. We are infonned that, as a measure, the 
 u(,l)Sa.(pov, or acetalulum, was a cyathus and a half, 
 or the fourth part of a KoriiXri, or licmina. 
 
 Tlie use of these cups by jugglers is distinctly 
 mentioned. They put stones or other objects 
 under certain tups, and then by sleight of hand 
 abstKicted them without being observed, so that 
 
ACINACES. 
 
 the spectators, to their great amusement and 
 surprise, found the stones under different cups 
 from those which they expected. Those persons, 
 wlio were called in Latin acefal/ii/drii, because 
 they ptay<'d with acctabulu, were in Greek called 
 T^ri^oira'iKrai, because they played with stones 
 (i\iri<poi) ; and under this name the same description 
 of ])erfoniiers is mentioned by Sextus Empiricus. 
 
 In the Epistles of Alciphron (iii.-20), a country- 
 man who had brought to the city an ass laden 
 with figs, and had been taken to the theatre, de- 
 scribes Ins speechless astonishment at the following 
 spectacle : — " A man came into the midst of us 
 and set down a three-legged table (rpiTroSo). He 
 placed upon it three cups, and under these he con- 
 cealed some small white round pebbles, such as we 
 find on the banks of rapid brooks. He at one 
 time put one of these under each cup ; and then, I 
 know not how, showed them all under one cup. 
 At another time he made them disappear altogether 
 from under the cups, and showed them in his 
 mouth. Then having swallowed them, and having 
 caused those who stood near to advance, he took 
 one stone out of a person's nose, another out of his 
 ear, and a third out of his head. At last he caused 
 them all to disappear entirely." In this passage 
 Alciphron calls the cups jxiKpas 7rapoi|'i5as. It 
 may l)e observed, that irapoi^ih was eipiivalent to 
 6i,vSaipov when used in its wider acceptation, and 
 denoted a basin or cup set on the table by the side 
 of the other dishes, to hold either vinegar, pickles 
 («C(/«W((), sauce, or any thing else which was 
 taken to give a relish to the substantial viands. 
 The word (j>uropsis) was adopted into the Latin 
 language, and is found in Juvenal, Martial, and 
 other writers of the same period. [J. Y.] 
 
 'AXA'NH. A Persian measure, equivalent to 45 
 Attic fil^ifivot. {Hcftul. on Aruitop/i. Aehirn. 108, 
 who quotes the authority of Aristotle. ) According 
 to Hesychius, there was also a Boeotian axdvi) 
 equivalent to one Attic liiSifivos, 
 
 AC'IES. [Army.] 
 
 ACIL'IA LEX. [REPETUND.-iE.] 
 
 ACIL'IA CALPUR'NIA LEX. [Ambitus.] 
 ACI'NACES (d/cifo'/cTjs), a poniard. 
 This word, as well as the weapon which it de- 
 notes, is Persian. Herodotus says (vii. 54) that 
 when Xerxes was preparing to cross the Hellespont 
 with his army, he threw into it, together with 
 some other things, " A Persian sword, which they 
 call an acinaces.'' As the root ac, denoting shar]>- 
 ness, an edge, or a point, is common to the Persian 
 together with the Greek and Latin, and the rest of 
 the Indo-pAiropean languages, we may ascribe to 
 this word the same general origin with dicfirj, 
 aKuKri, aciio, aeies, and many other Greek and 
 Latin words allied to these in signification. Horace 
 (<)</. I. xxvii. 5) calls the weapon AMun aci>?aces, 
 intending by the mention of the Medes to aUude 
 to the wars of Augustus and the Romans against 
 Parthia. 
 
 Acinaces is usually translated a scimitar, a 
 fdlchiun, a sahrc, and is supposed to have been 
 curved ; but this assumption is unsupported by 
 any evidence. It appears that the acinaces was 
 short and straight. Julius Pollux describes it thus : 
 ■ — TlepaiKoy ^^itpiSiov , T(j) nijpif wpoaripTTinevov, 
 i. <: " A Persian dagger, fastened to the thigh." 
 Josephus, giving an account of the assassins who 
 infested Judaea before the destruction of Jerusalem 
 by the Romans, says, " They used daggers, in size 
 
 ACINACES. 5 
 
 reseml)ling the Persian acinaces ; but curved, and 
 like those which the Romans call sime., and from 
 which robbers and nmrderers are called siairii.^'' 
 (Joseph. Ant. Jud. xx. 7 — 10.) The curvature of 
 the daggers here described was probably intended 
 to allow them to fit closer to the body, and thus to 
 be concealed with greater ease under the garments. 
 Thus we see that the Persian acinaces differed 
 from the Roman sica in this, that the former was 
 straight, the latter cur\-ed. 
 
 Another peculiarity of the acinaces was, that 
 it was made to be worn on the right side of the 
 body, whereas the Greeks and Romans usually had 
 their swords suspended on the left side. Hence 
 Valerius Flaccus {Argun, vi. 701), speaks of 
 Myraces, a Parthian, as Insiijiiis manicis, imiijiiis 
 aciiiace dc.i tro. The same fact is illustrated by the 
 account of the death of Cambyses, king of Persia, 
 which was occasioned by an accidental wound from 
 his own acinaces : Suomet pmjione, rjiicm aptatuni 
 femori deMro gestaljat, sul/ita vi ruiiiitc miilafri, vul- 
 iwratiis. (Aramian. xvii. 4.) The Latin historian 
 here gives pttgio as the translation of the Persian 
 tenn. 
 
 The form of the acinaces, with the method of 
 using it, is illustrated in a striking manner by two 
 classes of ancient monuments. In the first 
 place, in the bas-reliefs which adoni the ruins of 
 Persepolis, the acinaces is invariably straight, and 
 is commonly suspended over the riglit thigh, never 
 over the left, but sometimes in front of the body. 
 The figures in the annexed woodcut are selected 
 from engravings of the ruins of Persepolis, pub- 
 'A by Le Bruyn, Chardin, Niebuhr, and Porter. 
 
 A golden acinaces was frequently worn by the 
 Persian nobility. (Xen. A?iul). i. 8. § '29 ; Chariton, 
 vi. 4.) It was also often given to individuals by the 
 kings of Persia as a mark of honour. (Herod, 
 viii. 1-20 ; Xen. Anah. i. 2. § 27.) 
 
 After the defeat of the Persian army at the 
 battle of Plataea, the Greeks found golden poniards 
 on the bodies of the slain. (Herod, ix. 80.) That 
 of Mardonius, the Persian general, was long kept 
 as a trophy in the tenqile of Athena Parthenos, on 
 the acropolis of Athens. (Demosth. c. Tlmuci: 
 c. 33. p. 741.) 
 
 The acinaces was also used by the Caspii. 
 (Herod, viii. 67.) It was an object of religious 
 worship among the Scythians and many of the 
 northern nations of Europe. (Herod, iv. 6"i. Com- 
 pare Mela, ii. 1 ; Ammian. xxxi. 2.) 
 
6 
 
 ACROAMA. 
 
 ■AKTI'A. 
 
 The second class of ancient monuments consists 
 of sculptures of the god Mithras, two of which are 
 in the British Museum. The annexed woodcut is 
 taken from the larger of the two, and clearly shows 
 the straight fonn of the acinaces. [J. Y.] 
 
 ACLIS, a kind of dart. 
 
 Virgil {Acn. vii. 730) attributes this weapon to 
 the Osci, one of the ancient nations of Italy : 
 
 — " Teretes sunt aclides illis 
 Tela, sad haec lento mos est aptare tlagello." 
 From this account it appears that the peculiarity 
 of the aclis consisted in having a leathern thong 
 attached to it ; and the design of this ccmtrivance 
 probably was that, after it had been thrown to a 
 distance, it might be drawn back again. 
 
 The aclis was certainly not a Homan weapon. 
 It is always represented as used by foreign nations 
 and distinguishing them from Greeks and Romans. 
 (Sil. Ital. iii. 3ti'2, 303 ; Valer. Flac. Argunaul. 
 vi. 99.; [J. Y.] 
 
 ACNA, AC'NUA. [Actus.] 
 
 'AKOH'N MAPTTPErN. By the Athenian 
 law, a witness could properly only give evidence of 
 what he had seen himself, not of what he had heard 
 from others (Uemosth. c. Steph. p. 1130); but 
 when an individual had heard any thing relating 
 to the matter in dispute from a person who was 
 dead, an exception was made to the law, and what 
 he had heard from the deceased person miglit be giv- 
 en in evidence, which was called d/coTjc fiapTvpfiv. 
 (Uemosth. c. Stq>L p. 1130; c. Leoch. p. 1097 ; 
 c. Eiihid.-p. 1300 ; Meyer and Schiimann, Attiseh. 
 Proc. C69 ; Petitus, Liy. Alt. iv. 7. § 9, 10. p. 445, 
 44().) It would aj)pear, however, from a passage 
 in Isaeus, that a witness might give evidence re- 
 specting what he had not seen, but that this evi- 
 dence was considered of ligliter value. (Ui's ^ec 
 •yap Tis irapeyiveTO, 5i/coiov, d acSpes, jxapTvpuv^ 
 OLS 6e ixi\ Tvap^yei/fro dW ^KOixTe Tiyos, dKor^v 
 HaprvpiTv. l)e llered. I'ldloctem. p. ISO.) 
 
 ACC^UI'SITIO is used to express theacijuisition 
 of ownership, or property generally. The several 
 modes of acquiring property among the Romans, 
 and the incidents of property when acquired, are 
 treated of under the various heads of In Jure 
 Cessio, Mancipatio, Usucapio, Acce.ssio, &c., 
 and see Dominium. [G. L.] 
 
 ACROA'MA {aKpoafia), signified among the 
 Romans a concert of plaj'ers on difterent musi- 
 cal instruments, and also an interlude, called 
 emhoHa by Cicero (/'(vj IScM. c. 54), wliich was 
 performed during the exhibition of the public 
 
 games. The word is also frequently used for the 
 actors and musicians, who were often employed at 
 private entertainments (Cic. 2. Verr. iv. 22 ; Pro 
 Arch. 9 ; Suet. Octar. 74 ; Macrob. Sid. ii. 4); and 
 is sometimes employed in the same sense as amv- 
 (/nuntae, who were usually slaves, whose duty it was 
 to read or repeat passages from books during an 
 entertainment, and also at other times. (Cic. Ad 
 Att.i. 12 ; Ad Fam. v. 9 ; Plin. Ep. i. 15 ; Aul. 
 Gell. iii. 19 ; Nep. Att. 14.) 
 
 'AKPO'AieOI, statues, of which the extremities 
 (head, feet, and hands) were only of stone, and the 
 remaining part of the body of bronze or gilded 
 wood. (Vitniv. ii. 8.) 
 
 'AKP02T0'AI0N, the extremity of the ctoAos. 
 The (Tt6\os projected from the head of the prow, 
 and its extremity (dicpoo'TtSAioj'), which was fre- 
 quently made in the shape of an animal or a helmet, 
 &c., appears to have been sometimes covered with 
 brass, and to have served as an 6/i§oAj) against the 
 enemy's vessels. (XaAK^pTjj crJAor, Aesch. Pers. 
 414.) 
 
 ACROTE'RIUM {dKpam^pwv) signifies the ex- 
 tremity of any thing. I. It is used in Architec- 
 ture to designate the statues or other ornaments 
 placed on the sunmiit of a pediment. According 
 to some writers, the word only means the pediment 
 on which the ornaments are placed. (Vitruv. iii. 
 3. V. 12.) II. It signified also the aKpoaroKiov 
 or a.(p\aa70v of a ship, which were usually tJiken 
 from a conquered vessel as a mark of victory. ( Xen. 
 IM. ii. 3. $ 8 ; Herod, iii. 59.) III. It "was also 
 applied to the extremities of a statue, wings, feet, 
 hands, &c. (Dcmosth. c Tiinocr. p. 738.) 
 
 'AKPOei'NION, usually >ised in the plural, 
 means properly the top of the heap (aKpus &lj), and 
 is thence applied to tliose parts of the fruits of the 
 earth, and of the booty taken in war, which were 
 oflfered to the gods. In the Phoenissae of Euri- 
 pides, the chorus call themselves Sopos aKpoBiviov 
 (289 ). 
 
 ACTA DIUR'NA (proceedings of the day), was 
 a kind of gazette published daily at Rome under the 
 authority of the government. It contiiined an ac- 
 count of the proceedings of the public assemblies, of 
 the law courts, of the punishment of offenders, and 
 a list of births, marriages, deaths, &c. The pro- 
 ceedings of the public assemblies and the law courts 
 were obtained by means of reporters (actiKirii). 
 The proceedings of the senate {acta sc/iatuit) were 
 not published till the time of Jidius Caesar (Suet. 
 Jul. 20), and this custom was prohibited by 
 Augustus. (Suet. Uciav. 36.) An account of the 
 proceedings of the senate was still preserved, 
 though not published, and some senator seems to 
 have been chosen by the emperor to compile the 
 account. (Tacit. Annul, v. 4.) The actii diurna were 
 also called iwta pupmli, acta piiUica, uj:ta urhana, 
 and usually by the simple name of acta. These 
 acta were frequently consulted and appealed to 
 by later historians. (Lipsius, Excursus ad Tacit. 
 Ami. V. 4.) 
 
 ACTA SENA'TUS. [Acta Diurna.] 
 'AKTI'A was a festival celebrated every three 
 years at Actium in Epirus, with wrestling, horse- 
 racing, and sea-fights, in honour of Apollo. (Steph. 
 Byz. 'A/cTia.) There was a celebrated temple of 
 Apollo at Actium, which is mentioned by Thuc}-- 
 dides (i. 29), and Strabo. (vii. p. 325.) After the 
 defeat of Antony off Actium, Augustus enlarged 
 the temple, and instituted games to be celebrated 
 
ACTIO. 
 
 ACTIO. 
 
 7 
 
 every five years in commemoration of his victory. 
 (Suet. Ortar. c. 18.) 
 
 AC'TK) is defined by Celsus (Dig. 44. tit. 7. 
 s. .51) to be the right of pursuing by judicial means 
 wliat is a man's due. 
 
 With respect to its subject-matter, the actio was 
 divided into two great divisions, the in personam 
 actio, and the in rem actio. The in personam actio 
 was ag<iinst a person who was bound to the 
 plaintiff by contract or delict ; the tn rem actio ap- 
 plied to those cases where a man claimed a corporal 
 thing (corporal res) as his property, or claimed a 
 right, as for instance the use and enjoyment of a 
 thing, or the right to a road over a piece of ground 
 (actus). The in rem actio was called viiu/icatio ; 
 the in personam adio was called eondii-tio, because 
 originally the plaintiff gave the defendant notice to 
 appear on a given day for the purpose of choosing 
 a jude.x. 
 
 The old actions of the Roman law were called 
 h'l/is aciiones, or leaitimae, either because they were 
 expressly pro\-ided for by the laws of the Twelve 
 Tables, or because they were strictly adapted to the 
 words of the laws, and therefore could not be 
 varied. In like manner, the old writs in this 
 country contained the matter or claim of the 
 plaintiff expressed according to the legal fonn.*^ 
 
 The five modes of proceeding by legal action, 
 as named and described by Gains (iv. 12), were, 
 
 S.4CR.AMENTO, PeR Jl'DICIS POSTULATIOXEM, PfR 
 
 coNDKTi(iNE:\r, Per manus injectionem, Per 
 
 PIGNORIS CAPTIONEM. 
 
 But these forms of action gradually feU into dis- 
 use, in consequence of the excessive nicety required, 
 and the failure consequent on the slightest error 
 in the pleadings ; of which there is a notable ex- 
 ample given by Gains himself (iv. 1 1 ), in the case 
 of a plaintiff who complained of his vines (cites) 
 being cut down, and was told that his action was 
 bad, ina-smuch as he ought to have used the term 
 trees (arlmres) and not vines ; because the law of the 
 TwelveTables, which gave him the action for damage 
 to his vines, contained only the general expression 
 "trees" (arbores). The Lex Aebutia and two 
 Leges Juliae abolished the old le</itimae aciiones, 
 except in the case of (/«;nH«/K infectum [Damni'M 
 ixfecti'm], and in matters which feU under the 
 cognisance of the Centumviri. [Centumviri.] 
 
 In the old Roman constitution, the knowledge 
 of the law was most closely connected with the in- 
 stitutes and ceremonial of religion, and was accord- 
 ingly in the hands of the patricians alone, whose 
 aid their clients were obliged to ask in all their 
 legal disputes. Appius Claudius Caecus, perhaps 
 one of the earliest writers on law, drew up the 
 various forms of actions, probably for his own use 
 and that of his friends : the manuscript was stolen 
 or copied by his scribe Cn. Fla«us, who made it 
 public ; and thus, according to the ston,', the ple- 
 beians became acquainted with those legal forms 
 which hitherto had been the exclusive property of 
 the patricians. (Cic. De Orat. i. 41 ; Pro Murena, 
 c. 11 ; Dig. 1. tit. 2. s. 2. § 7.) 
 
 Upon the old legal actions being abolished, it 
 became the practice to prosecute suits according to 
 
 * " Breve quidem cum sit formatum ad siniili- 
 tudinem regulae juris, quia breviter et paucis verbis 
 inteiitimicm proferentis exponit et explanat, sicut 
 regula juris, rem quae est breviter enarrat."(Bracton 
 f. 413.) 
 
 certain prescribed forms, or formulae, as they were 
 called, which will be explained after we have 
 noticed various divisions of actions, as they are made 
 by the Roman writers. 
 
 The di\-ision of aciiones in the Roman law is 
 somewhat complicated, and some of the divisions 
 must be considered rather as emanating from the 
 schools of the rhetoricians than from any other source. 
 But this division, though complicated, may be 
 somewliat simplified, or at least rendered more in- 
 telligible, if we consider that an action is a claim 
 or demand made by one person against another, 
 and that in order to be a valid legal claim (actio 
 utitis), it must be founded on a legal right. The 
 main division of actions must therefi)re have a re- 
 ference or analogy to the main division of rights ; 
 for in every system of law the fonn of the action 
 must be the expression of the legal right. Now 
 the general division of rights in the Roman law is 
 into rights of dominion or ownership, W'hich are 
 rights against the whole world, and into rights 
 arising from contract, and quasi contract, and delict. 
 The actio in rem implies a complainant, who claims 
 a certain right against every person who may dis- 
 pute it, and the object and end of the action is to 
 compel an acknowledgment of the riglit by the 
 particular person who disputes it. By this action 
 the plaintiff maintains his property in or to a thing, 
 or his rights to a benefit from a thing (servitiites). 
 Thus the actio in rem is not so called on account 
 of the subject-matter of the action, but the tenn is a 
 technical phrase to express an action which is in no 
 way founded on contract, and therefore has no de- 
 terminate individual as the other necessary party 
 to the action; but every individual who disputes 
 the right l)ecomes, by such act of disputing, a party 
 liable to such action. The actio in rem does not 
 ascertain the complainant's right, and from the 
 nature of the action the complainant's right cannot 
 be ascertiiined by it, for it is a right agjiinst all the 
 world ; but the action detenninesthat the defendant 
 has or has not a claim which is valid against the 
 plaintift""s claim. The actio in personam implies a 
 detemiinate person or persons against whom the 
 action lies, the right of the plaintiff being founded 
 on the acts of the defendant or defendants : it is, there- 
 fore, in respect of something which has been agreed 
 to be done, or in respect of some injury for which 
 the plaintiff claims compensation. The actio mixta 
 of Justinian's legislation (Inst. iv. tit. 6, s. 20) was 
 so called from its being supposed to partake of the 
 nature of the actio in rem and the actio in per- 
 sonam. Such w'as the action among co-heirs as to 
 the division of the inheritance, and the action for 
 the purpose of settling boundaries which were 
 confused. 
 
 Rights, and the modes of enforcing them, may 
 also be viewed with reference to the sources from 
 which they flow. Thus, the rights of Roman 
 citizens flowed in part from the sovereign power, 
 in part from those to whom power was delegated. 
 That body of law which was founded on, and flowed 
 from the edicts of the praetors and curule aediles, was 
 called jus honorarium, as o]iposed to the jus cirile, 
 in its narrower sense, wliich comprehended the 
 tct/es, pleliiKcita, senatus consultn, &c. The jus 
 lujnorarium introduced new rights and modified 
 existing rights ; it also provided remedies suitable 
 to such new rights and modifications of old rights, 
 and this was effected by the actions which the 
 praetors and aediles allowed. On this jurisdiction 
 
8 
 
 ACTIO. 
 
 ACTIO. 
 
 of the praetors and aediles is founded the distinc- 
 tion of actions into civiles and fiomrariac, or, as 
 they are sometimes called, pnwtoriiu:, from the 
 greater importance of the praetor's jurisdiction. 
 
 There were several other divisions of actions, all 
 of which had reference to the forms of procedure. 
 
 A division of actions was sometimes made with 
 reference to the object which the plaintitf had in 
 view. If the object was to obtain a thing, the 
 action was called persecutoria. If the object was 
 to obtain damages (poena ) for an injury, as in the 
 case of a thing stolen, the action was puenalis ; for 
 the thing itself could be claimed both by the vin- 
 dicatio and the ajndidio. If the object was to obtain 
 both the tiling and damages, it was probably some- 
 times called actio mitta, a tenn which had however 
 another signification also, as already observed. The 
 division actiones into J irectae or vid(/ares,a.nd uti- 
 les, must be traced historically to the ctctioncs fictitiae 
 or fictions by which the rights of action were 
 enlarged and extended. The origin of this division 
 was in the power assumed by the praetor to grant 
 an action in special cases where no action could 
 legally be brought, and in which an action, if 
 brought, would have been inunis or itmtilis. After 
 the decline of the praetor's power, the actioiies 
 utiles were still extended by the contrivances of the 
 juris prudcntes and the rescripts of the emperors. 
 Whenever an actio utitis was granted, it was 
 framed on some analogy to a legally recognised 
 right of action. Thus, in the examples given by 
 Gaius (iv. 34), he who obtained the Ixmoriim pos- 
 sessio by the praetor's edict, succeeded to the de- 
 ceased by the praetorian and not the civil law : he 
 had, therefore, no direct action (tlirecta a<;tio) in 
 respect of the rights of the deceased, and could only 
 bring his action on the fiction of his being what he 
 was not, namely, Jieres. 
 
 Actions were also divided into ordinariae and 
 cMraordinuriae. Ihe ordinariae were those which 
 were prosecuted in the usual way, first before the 
 praetor, W( jure, and then before the judex, in 
 judicio. When the whole matter was settled before 
 or by the praetor in a summary way, the name 
 e:>iraordinariu was applicable to such action. 
 [Interdict.] 
 
 The foundation of the division of actions into 
 actioncs stricti juris, honae Jidei, and arhitrariae, is 
 not quite clear. In the actiones stricti juris it ap- 
 pears that the formula of the pnietor expressed in 
 precise and strict tonus the matter submitted to 
 the judex, whose authority was thus confined 
 within limits. In the actiones Lonae Jidei, or tu' 
 Jide bona (Cic. Titp. 17), more latitude was given, 
 either by the fonnula of the praetor, or was implied 
 in the kind of action, such as the action cj; empto, 
 vcndito, locuio, &c., and the special circumstances of 
 the case were to be taken into consideration by the 
 judex. The actiones arhitrariae were so called 
 from the judex in such case being caUed an arbiter, 
 probabl}', as Festus says, because the whole matter 
 in dispute was submitted to his judgment ; and he 
 could decide according to the justice and equity of 
 the case, without being fettered by the praetor's 
 formula. It should be observed also, that the 
 judex properly could only condeuin in a sum of 
 money ; but the arbiter might declare that any 
 particular act should be done by either of the 
 ])arties, which was called his arhitrium, and was 
 followed by the condcninatio if it was not obej'ed. 
 The division of actions into pcrpetuac and 
 
 tcmporaks had reference to the time within which 
 an action might be brought, after the right of 
 action had accrued. Originally those actions which 
 were given by a lej; semdus consultum, or an im- 
 perial constitution, might be brought without any 
 limitation as to time ; bat those which were granted 
 l)y the praetor's authority were generally limited 
 to the year of his office. A time of limitation was, 
 however, fixed for all actions by the late imperial 
 constitutions. 
 
 The division of actions into actioncs in jus and 
 in factum is properly no division of actions, but 
 has merely reference to the nature of the fonnula. 
 In the formula in factum coticepfa, the praetor 
 might direct the judex barely to inquire as to the 
 fact which was the only matter in issue ; and on 
 finding the fact, to make the proper condemnatio : 
 as in the case of a freedman bringing an action 
 against his patronus. (Gaius, iv. 46.) In the 
 fonnula in jus the fact was not in issue, but the 
 legal consequences of the fact were submitted to 
 the discretion of the judex. The fonnula in factum 
 commenced with the technical expression. Si paret, 
 &c., " If it should appear," &c. ; the fonnula in jus 
 commenced. Quod A. A., &c., " Whereas A. A. did 
 so and so." (Gaius, iv. 47.) 
 
 The actions which had for their object the 
 punishment of crimes, were considered public ; as 
 opposed to those actions by which some jiarticular 
 person claimed a right or compensation, and which 
 were therefore called privatae. The former were 
 properly called judicia jndtlica ; and the latter, as 
 contrasted with them, were called judicia pricata. 
 
 [.lUDICIUM.] 
 
 The actions called noralcs were when a jilius 
 familias (a son in the power of his fatlier), or a 
 slave, committed a theft, or did any injury to 
 another. In either case the father or owner might 
 give up the wrong-doer to the person injured, or 
 else he must pay competent damages. These ac- 
 tions, it appears, take their name either from the 
 injury connuitted, or because the wrong-doer was 
 liable ti> be given up to punishment (^no,iac) to the 
 person injured. Some of these actions were of legal 
 origin, as that of theft, which was given by tlio 
 Twelve Tal lies ; that oi damnum injuriae, which was 
 given by the Aquiha Lex ; and that oi iujuriurum 
 et vi honorum raptorum, which was given by tlie 
 edict, and tlierefore was of praetorian origin. This 
 instance will serve to show that the Roman division 
 and classification of actions varied according as 
 the Roman writers contemplated the sources of 
 rights of action, or the remedies and the modes of 
 obtaining them. 
 
 An action was commenced by the plaintiff sum- 
 moning the defendant to appear before the praetor 
 or other magistrate who had jurii<dictio : this 
 process was called in jus vocatio; and, according to 
 the laws of the Twelve Tables, was in effect a 
 dragging of the defendant before the praetor if he 
 refused to go quietly. This rude proceeding was 
 modified in later times, and in many cases there 
 could be no in jus vncatio at all, and in other 
 cases it was necessary to obtain the praetor's per- 
 mission under pain of a penalty. It was also 
 established that a man could not be dragged from 
 his own house ; but if a man kept his house to 
 avoid, as we should saj', being served with a writ, 
 he ran the risk of a kind of sequestration {actor 
 in bona mittebatur). The object of these rales 
 was to make the defendant appear before 
 
ACTIO. 
 
 ACTIO. 
 
 9 
 
 the competent juiisdiction ; the device of enter- 
 ing ;in appearance for the defendant does not 
 siH'in to have suggested itself to the Roman lawyers. 
 (Dig. 2. tit. 4.) If the defendant would not go 
 quietly, the plaintitf called on any bystander to 
 witness ( antvdari) that he had been duly sum- 
 moned, touched the ear of the witness, and dragged 
 the defendant into court. (11 or. Scrm. I. ix. 
 75 — 7ii ; Plautus, Curcul. v. 2.) The parties might 
 settle their dispute on their way to the coiut, 
 or the defendant miglit be bailed by a vindex. 
 (Cic. Top. 2 ; Gains, iv. 46.) The vindex must not 
 be confounded with the vades. This settlement 
 of disputes on the way was called trunsadio in via, 
 and serves to explain a passage in St. Matthew 
 (V. 25).* 
 
 When before the praetor, the parties were said 
 jure iujcrc. The plaintiff then prayed for an ac- 
 tion, and if the praetor allowed it {dabat udioiicm), 
 lie then declared what action he intended to bring 
 against the defendant, wliidi was called cdcre 
 udionem. This might be done in writing, or 
 orally, or by the plaintiff fciking the defendant to 
 the alhiim and showing him wliich action he in- 
 tended to rely on. (Dig. 2. tit. 13.) As the 
 funnidac comprehended, or were supposed to com- 
 prehend, every possible form of action that could 
 be re(]uircd by a plaintiff, it was presumed that he 
 could find among all the fornmlae some one which 
 was adapted to his case, and he was accordingly 
 su|)posed to be without excuse if he did not 
 take pains to select the proper formula. (Cic. 
 Pro Hos. Com. c. 8.) If he took the wrong 
 one, or if he claimed more than his due, 
 he lost his cause {causa cadeljat, Cic. De Orat. 
 i. 3H) ; but the praetor sometimes gave him leave 
 to amend his claim or itdentio. (Gains, iv. 53, &c.) 
 If, for exani])le, the contract between the parties 
 was for something in yeiiere, and the plaintiff 
 ckvimcd something !« spcm', he lost his action : thus 
 the contract might be, that the defendant under- 
 took to sell the plaintiff a quantity of dye-stuff or a 
 slave ; if the plaintiff claimed Tyrian purple, or a 
 particular slave, his action was bad ; therefore, says 
 Gaius, according to the tenns of the contract so 
 ought the claim of the intcutiu to be. It will be 
 observed, that as the fonnulae were so numerous 
 and compreliensive, the plaintiff had only to select 
 tlie formula which he sujiposed to be suitcible to 
 his case, and it would require no further variation 
 than the insertion of the names of the parties and 
 of the thing claimed, or the subject-matter of the 
 suit, with the amount of damages, &c., as the case 
 might be. When the praetor liad granted an ac- 
 tion, tlie plaintiff' required the defendant to give 
 security for his appearance before the praetor {in 
 jitrc) on a day named, commonly the day but 
 one after the in jus vocatio, unless the matter in 
 dispute was settled at once. The defendant, on 
 tindiuga surety, was said vadcs dare (IIor.6'e)-m. i. i. 
 1 1 ),vaiJimonium promittere,or/ucere; the surety, vas, 
 was said apomlere ; the plaintiff' when satisfied 
 with the surety was said veulari reiim, to let him 
 go on his sureties, or to have sureties from him. 
 When the defendant promised to appear in jure on 
 the day named, without giving any surety, this was 
 called vadimoniam purum. In some cases reciir- 
 
 * It is not easy to state correctly the changes 
 in procedure which took place after the abolition 
 of the Icgitimac acliunes. Compare Gaius iv. 25, 46. 
 
 peratores [Judex] were named, who, in case of the 
 defendant making defaidt, condemned him in the 
 sum of money named in the vuiliinoiiiiim. 
 
 If the defendant appeared on the day appointed, 
 he was said viulimonium sistere ; if he did not ap- 
 pear, he was said vadimonium deseruisso, and the 
 praetor gave to the plaintiff" the hoiioram posscssio. 
 {Hm: Scnii. i. ix. 36 — 41 ; Cic. Pro P. Quintio, 
 c. 6.) Both parties, on the day appointed, were 
 sunnnoned by a crier {praeco), when the plaintiff 
 made his ckiim or demand, which was very briefly 
 expressed, and may be considered as correspond- 
 ing to our declaration at law. 
 
 The defendant might either deny the plaintiff's 
 claim, or he might reply to it by a plea, cjvejitio. 
 If he simply denied the })laintift''s claim, the cause 
 was at issue, and a judex might be demanded. 
 The forms of the crccpiio also were contained in 
 the praetor''s edict, or upon hearing the facts the 
 praetor adapted the plea to the case. The cMvpfio 
 was the defendant's defence, and was often merely 
 an equiUible answer or plea to the plaintiff's legal 
 demand. The plaintiff' might claim a thing uixm 
 his contract with the defendant, and the defendant 
 might not deny the contract, but might put in a 
 plea of fraud {dolus mains), or that he had been 
 constrained to come to such agreement. The 
 e.rcepfio was in effect something which negatived 
 the plaintiff's demand, and it was expressed by a 
 negative clause : thus, if the defendant should assert 
 that the plaintitt'fraudulently claimed a sum of money 
 which he had not given to the defendant, the e.i'- 
 ccptio would run thus : Si in ea re nihil dolo mala 
 Auli Afferii factum sit rtcqiie Jiat. Though the 
 ejrceptio procieeded from the defendant, it was ex- 
 pressed in this form, in order to be adapted for 
 insertion in the formula, and to render the cou- 
 dcDimiiio subject to the condition. 
 
 Exceptions were pereinptoriae or dilatoriae. 
 Peremptory exceptions were a complete and per- 
 petual answer to the plaintiff's demand, such as 
 an exceptio of dolus malus, or of res judivata. 
 Dilatory exceptions were, as the name imports, 
 merely calculated to delay the plaintiff's demand ; 
 as, for instance, by showing that the debt or duty 
 claimed was not yet due. tiaius considers the ex- 
 ceptio litis dividuae and rei resi/luac (iv. 122) as 
 belonging to this class. If a plaintiff prosecuted 
 his action after a dilatory exception, he lost alto- 
 gether his right of action. There might be dilatory 
 exceptions also to the ])ers(m of tlie plaintiff', of 
 which class is the caccjitio eoynitoria, by wiiich the 
 defendant objects either that the plaintiff' is not 
 intitled to sue by a cngnitor, or that the cognitor 
 whmu he had named was not qualified to act as a 
 cognitor. If the exception was allowed, the plaintiff" 
 could either sue himself, or name a proper cognitor, 
 as the case miglit be. If a defendant neglected to 
 take advantage of a peremptory ejeeptio, the praetor 
 might afterwards give him permission to avail him- 
 self of it ; whether he could do the same in the case 
 of a dilatory was a doubtful question. (Gaius, iv. 
 125.) 
 
 The plaintiff might reply to the defendant's '.r- 
 ccptio, for the defendant by putting in his plea be- 
 came an actor. [Actor.] The defendant's plea might 
 be good, and a complete answer to the plaintiff 's de- 
 mand, and yet the plaintiff' might allege something 
 that would be an answer to tlie plea. Thus, in 
 the example given by Gaius (iv. 126), if the auc- 
 I tioneer {aryentarius) claimed the price of a thing 
 
10 
 
 ACTIO. 
 
 ACTIO. 
 
 sold hy auction, the defendant might put in a plea, 
 which, when inserted in thefonnula; would be of this 
 shape: — Ut ita demuni emptor (/aiiimtiii; si ei res 
 qnam emerit, trailito sit ; and this would be in fonn 
 a good plea. But if the conditions of sale were that 
 the article should not be handed to the purchaser 
 before the money was paid, the argentarius might 
 put in a replicatio in this shape : — Nisi praedictum 
 est tie aliter emptori res trmlcreti/r (jikiiii si pretium 
 empitor solmrit. If the defendant answered the 
 re^>//c(t<w?, his answer was called iliqilicatio ; and the 
 parties might go on to the triplieutio and quadrupli- 
 cutio, and even farther, if the matters in question 
 were such that they could not otherwise be brought 
 to an issue. 
 
 It remains to speak of the praescriptio, so called 
 from being written at the head or beginning of the 
 fomuda, and which was adapted for the protection 
 of the plaintiff in certain cases. (Gaius iv. 130, 
 &c. ; Cic. Be Orat. i. 37.) For instance, if the de- 
 fendant was bound to make to the plaintiff a certain 
 fixed pajnnent yearly or monthly, tlie plaintiff had 
 a good cause of action for all the sums of money 
 already due ; but in order to avoid making his de- 
 mand for the future papncnts not yet due, it was 
 necessary to use a praescription of the following 
 form : — Ea res ariatur cujus rei dicsfuit. 
 
 A person might maintain or defend an action by 
 his coynitor or procurator, or, as we should say, by 
 his attorney. The plaintiff and defendant used a 
 certain form of words in apiiointing a eognitor, and 
 it would appear that the appointment was made in 
 the presence of both parties. The eognitor needed 
 not to be present, and his appointment was com- 
 plete when by his acts he had signified his assent. 
 (Cic. Pro Q. Jioscio, c. 2 ; Ilor. Serm. I. v. 3S.) 
 No form of words was necessary for appointing a 
 procurator, and he might be appointed without the 
 knowledge of the opposite jiarty. 
 
 In many cases both plaintiff and defendant 
 might be required to give security (sulisilare) ; for 
 instance, in the case of an actio in rem, the de- 
 fendant who was in possession was required to 
 give security, in order that if he lost his cause and 
 did not restore the thing, nor pay its estimated 
 value, the plaintiff might have an action against 
 him or his sureties. When the actio in rem was 
 prosecuted by the formula pciitoria, that stipulatio 
 was made which was called Jui/ii-alinii sn/ri. As to 
 its prosecution by the sponsio. sic ?>riiN'Sio and 
 Centumviri. If the plaintiff sued in his own 
 name, he gave no security ; nor was any security 
 required, if a eognitor sued for him, either from 
 the conuitor or the plaintiff himself, for the eog- 
 nitor actually represented the plaintiff and was per- 
 sonally liable. But if a procurator acted for him, 
 he was obliged to give security that the plain- 
 tiff would adopt his acts ; for the plaintiff was not 
 prevented from bringing another action when a 
 prociu-ator acted for him. Tutors and curators 
 generally gave security like procurators. In the 
 case of an actio in personam, the same rules applied 
 to the plaintiff' as in the aet 'o in rem. If the de- 
 fendant appeared by a eognitor, the defendant had 
 to give security ; if by a procurator, the procurator 
 had to give security. 
 
 When the cause was brought to an issue, a 
 judex or judices might be demanded of the praetor 
 who named or appointed a judex and delivered to 
 him the formula which ccmtained his instructions. 
 The judices were s;ud dari or addici. So far the 
 
 proceedings were said to be in jure : the prosecu- 
 tion of the actio before the judex requires a 
 separate discussion. 
 
 The following is an example of a formula taken 
 from Gaius (iv. 47) : — Judex esto. Si paret Aulum 
 Aijerium apud Numerium Negidium mensam 
 aryenteam deposuisse eamque dolo malo Numcrii 
 Neyidii Aula Ayerio redditam nan esse quanti ca 
 res erit tantam pecimiam judex Numerium Neyidium 
 Aalo Agerio condemnato : si noti parct, alisolvi/o. 
 
 The nature of the formula, however, will be 
 better understood from the following analysis of it 
 by Gaius: — It consisted of foiu- parts, the demim- 
 stratio, intentio, adjudicatio, condetnnatio. The 
 demonstraiio is that part of the formula which 
 explains what the subject-matter of the action is. 
 For instance, if the subject-matter be a slave sold, 
 the demonst ratio would run thus: — Quod Aulus 
 Agerius Numerio Negidio liotnittem ve7u.iid.it. The 
 intentio contains the claim or demand of the 
 plaintiff : — Si paret liominem ex jure Quiritium Aidi 
 Agerii esse. The adjmiicatio is that part of the 
 formula which gives the judex authority to adju- 
 dicate the thing which is the subject of dispute to 
 one or other of the litigant parties. If the action 
 be among partners for dividing that which belongs 
 to them all, the adjudication would run thus : — 
 Quantum adjiidiniri ojmrtct jud-ex Titio adjudicuto. 
 The cuiidriiiiiiiliii is tliat part of the formula which 
 gives the judex authority to condemn the de- 
 fendant in a sum of money, or to acquit him : 
 for example, Judex Nuynerium Ne.gii/ium Aulo 
 Agerio sesteiiium milia condemna: si no7i paret, 
 absolve. Sometimes the intentio alone was requisite, 
 as in the fonnulae called praejndiciales (which some 
 modern writers make a class of actions), in which 
 the matter for inquiry was, whether a certain person 
 was a freedman, what was the amount of a (/os,and 
 other similar questions, when a fact solely was the 
 thing to be ascertained. 
 
 Whenever the formula contained the condem- 
 natio, it was framed with the view to pecuniary 
 damages ; and accordingly, even when the plaintiff 
 claimed a particular thing, the judex did not 
 adjudge the defendant to give the thing, as was 
 the ancient practice at Rome, but condemned him 
 in a sum of money equivalent to the value of the 
 thing. The formula might either name a fixed 
 sum, or leave the estimation of the value of the 
 thing to the judex, who in all cases, however, was 
 bound to name a definite sum in the condemnation. 
 
 The formula then contained the pleadings, or 
 the statements and counter-sUitements, of the 
 plaintiff' and the defendant ; for the intentio, as we 
 have seen, was the plaintiff's declaration ; and if 
 this was met by a plea, it was necessary that this 
 also should be inserted in the formula. The 
 fonnula also contained the directions for the judex, 
 and gave him the power to act. The resemblance 
 between the English and Roman procedure is 
 pointed out in a note in Starkie's Law of Evidence 
 
 The following are the principal actions which 
 we read of in the Roman writers, and wliich are 
 briefly described under their several heads : — 
 Actio — Aquae pluviae arcendae ; Bonorum vi 
 raptorum ; Certi et Incerti ; Commodati ; Com- 
 muni dividundo ; Confessoria ; Damni injuria dati ; 
 Dejccti vol effusi ; Depensi ; Depositi ; De dolo 
 malo ; Emti et venditi ; Exercitoria ; Ad Exhi- 
 bendum ; Familiae crciscundae ; Fiduciaria ; Fi- 
 
ACTUS. 
 
 Ilium regundorum ; Furti ; Hypothecaria ; Iiijuri- 
 arum ; Institoria ; Judicati ; Quod jussu ; Legis 
 Aquiliae ; Locati ot coudutti ; Mandati mutui ; 
 Neg-ativa ; Negotiorum gestonmi ; Noxalis ; De 
 pauperie ; De pecuiio ; Piguoraticia, or Pignora- 
 titia ; Publiciana ; Quanti minoris ; Rationibus 
 distrahendis ; De recepto ; Redhibitoria ; Rei 
 uxoriae or Dotis ; Restitutoria and Rescissoria ; 
 Rutiliana ; Serviana ; Pro socio ; Tributoria ; 
 Tutelae. [<'• L-] 
 
 ACTOR signified generally a plaintitf. In a 
 civil or private action, the plaintitf was often called 
 petitor ; in a public action {ccmsa piihlica), he was 
 called aecusatur. (Cic. Ad AH. i. 16.) The de- 
 fendant was called reus, both in private and public 
 causes : this temi, however, according to Cicero 
 {De Orat. ii. 43), might signify either party, as in- 
 deed we might conclude from the word itself. In 
 a private action, the defendant was often called 
 (idvcrsariu^s, but either party might be called ad- 
 rersarius with respect to the other. Originally, no 
 person who was not sui juris could maintain an 
 action ; a filins familias, therefore, and a slave, 
 could not maintain an action ; but in coiirse of 
 time certain actions were allowed to a jilius/uinilkis 
 in the absence of his parent or his procurator, and 
 also in case the parent was incompetent to act from 
 madness or other like amse. (Dig. 47. tit. 10. s. 17.) 
 "Wards brought their actions liy their giuirdian or 
 tutor ; and in case they wished to bring an action 
 against their tutor, the praetor named a tutor for 
 the purpose. (Gaius, i. 1B4.) Pem/n>;, or aliens, 
 originally brought their action through their 
 patronus ; but afterwards in their own name, by a 
 fiction of law, that they were Roman citizens. A 
 Roman citizen might also generally bring his action 
 by means of a cognitor or procurator. [Actio.] 
 A universikts, or coq)iu-ate body, sued and was sued 
 by their actor or si/ndicus. (Dig. 3. tit. 4.) 
 
 Actor has also the sense of an agent or manager 
 of another's business generally. The aetor pMieus 
 was an officer who had the superintendence or 
 care of slaves and property belonging to the state. 
 (Tacit. Anil. ii. 30. iii. 07 ; Lips. Ejccars.ad Tacit. 
 Ann. ii. 30.) [G. L.] 
 
 ACTOR. [Drama.] 
 
 ACTUA'RII, short-hand writers, who took 
 down the speeches in the senate and the public 
 assemblies. (Suet. Jul. 55 ; Seneca Ep. 33.) In 
 the debate in the Roman senate upon the punisii- 
 mcnt of those who had been concerned in the con- 
 spiracy of Catiline, we find the first mention of 
 short-hand writers, who were employed by Cicero 
 to take down the speech of Cato. 
 
 The ACTU.Aiiii MiLiTi.iE, under the Roman em- 
 perors, were officers whose duty it was to keep the 
 accounts of the army, to sec that the contractors sup- 
 plied the soldiers with provisions according to 
 agreement, &c. (Ammian. xx. 5 ; Cod. xii. tit. 
 37. s. 5. IG ; xii. tit. 49.) 
 
 ACTUS, a Roman measure of length. Actus 
 vocabutur, in quo Loves ayerentur cum artitro, vno 
 impetu justo. Hie erat cxx pedum ; duplimiusqut! 
 in lonyitudinem juyerum faciebat. (Plin. H. N. 
 xviii. 3.) This actus is called by Columella 
 actus quadratus ; he says (v. 1), Actus quudi a- 
 tus undique jinitur pcdiLus cxx. Hoc diipili- 
 catum facit juyerum, ei tili co, quod, erat jutictum, 
 jugeri nomen usurparit ; sed hunc actum prorinciae 
 Baeticaf. rustici acnuam (or acnaya) voaint. — 
 Varro {De Re Rust. i. 10) says, — Actus quadratus 
 
 ACUS. 
 
 11 
 
 qui et latm est pedes cxx, et longus iotidem, is 
 modus cuynua Latine appellatur. The actus 
 quadratus was therefore equal to half a jugerum 
 or 14,400 square Roman feet. The ai-tus minimus 
 or simpler- (Colum. v. 1 ; Varro, De Liny. Lat. iv. 
 4) was 120 feet long, and four broad ; and there- 
 fore equal to 480 s(iuare Roman feet. 
 
 ACTUS. [Servitutes.] 
 
 ACUS, dim. ACIC'ULA {fie\6vri, ^eKov'is, 
 ^a</)ls), a needle, a pin. 
 
 We may translate acus a needle, when we sup- 
 pose it to have had at one end a hole or eye 
 {rpiin-qiJLa, rpvixaXla) for the passage of thread ; 
 and a pin, when, instead of a liolc, we suppose it 
 to have had a knob, a small globe, or any other 
 enlarged or ornamental teniiination. 
 
 The annexed figures of needles and pins, chiefly 
 taken from originals in bronze, vary in length 
 from an inch and a half to about eight inches. 
 
 ij 
 
 Pins were made not only of metal, but also of 
 wood, bone, and ivory. Their principal use was to 
 assist in fastening the garments, and more particu- 
 larly in dressing the hair. The mode of platting the 
 hair, and then fastening it with a pin or needle, is 
 shown in the annexed figure of a female head, 
 taken from a marble group which was found at 
 Apt, in the south of France. (Montfaucon, Ant. 
 Exp. Supipl. iii. 3.) 
 
 This fashion has been continued to our own times 
 by the females of Italy. Martial alludes to it in 
 the following epigram, in which he supposes the 
 hair to be anointed with peifumes and decorated 
 with ribbons : — 
 
 " Tenuia ne madidi violent bombycina erincs, 
 • Figat acus tortas, sustincat(|ue comas." 
 
 Lib. xiv. Epiy. 24. 
 
12 ADMISSIONALES. 
 
 The acus was employed as an instrument of 
 torture, being inserted inider the nails. 
 
 Honesty was eiijnincd upon thiklren by telling 
 them tliat it was wning even tn steal a. pin. 
 
 'O ycLp 06OS ^AeVei TrA-rjcTiOC iraptiv. 
 
 Menan. et Philcm. Reliq. a Meineke, 
 p. 306. [J. Y.] 
 
 ADDIC'TI. [Nbxi.] 
 ADIJIC'TIO. [Actio.] 
 
 "AAAIH, "AAAIEIS, a Greek measure, accord- 
 inp; to Hesj'chius equal to four xoi>'"f€5. 
 
 "AAEIA. When any one in Athens, who had 
 not the full privileges of an Athenian citizen, such as 
 a foreigner, a slave, &c., wished to accuse a person 
 of any oifeiice against the people, he was obliged 
 to obtain first pennission to do so, which permis- 
 sion was called oStia. (Plut. Pcrid. c. 31.) An 
 Athenian citizen who had incurred drtfiia 
 ['Atimi'a] was also obliged to obtain aSeca, before 
 he could lay an infomiation against any one. 
 (l)emosth. c. Timocr. c. 12. p. 715 ; Plut. PJioo. c. 
 
 '>(;.) 
 
 ADEMP'TIO. [Legatum.] 
 
 ADGNA'TIO. [Heres ; Testamentum.] 
 
 ADGNA'TI. [CoG.vATi.] 
 
 'AAIKI'AS TTpds Tov Srjfiov ypa(pi^, and 
 aTraTTftrews rov Srifiov 'ypa(j>T^, were actions 
 brought in the Athenian courts against persons 
 who were considered to have misled the people, 
 the courts of justice, or the senate of Five Hundred, 
 by misrepresentations or false promises, into acts 
 of injustice, or into measures injurious to the in- 
 terests of Athens. If an individual was found 
 guilty, he was punished with death. The law re- 
 lating to these offences is preserved by Demosthenes 
 (c. Lepti)/. C.21. p. 487): — 'Edv tis uiroo'XfifieJ'os ti 
 to;' Srj/J.op rj fiovK-^v rj SiKaaTripiov i^aTvaTi^ap, to 
 effxciTo irauxeiJ'. (See also c. Lepliii. c. 29. p. 498 ; 
 c. Tiiiwth. c. )5. p. 1204 ; Dinarch. c. Philoc.c. 1. 
 p. !)3.) 
 
 ADIT'IO HEREDITA'TIS. [Hereditas.] 
 
 ADJUDICA'TIO. [Actio.] 
 
 ADLEC'TI were those persons who were ad- 
 mitted to the privileges and honours of thepraetor- 
 slii[), (junestorsliip, acdileship, and other public 
 othces, without having any duties to perfonn. 
 (Capitolin. Periin. c. 6.) In inscri]iti(ins we con- 
 stantly find, adledus inter Iriluiiins, iiilcr <iuaesiores, 
 inter praetores, &c. The nauu' also was applied, 
 according to Festus, to those senators who were 
 chosen from the equites on account of the small 
 number of senators ; but it appears more probable 
 that tlie adlecti were the same as the eonscripti. 
 Livy (ii. 1) says, Conscriptos in nuvum senatiim 
 appctltilmnt lectos. 
 
 ADLEC'TOR, a collector of taxes in the 
 provinces in the time of the Roman emperors. 
 (Cod. Theod. xii. tit. vi. s. 1-2.) 
 
 ADMISSIONA'LES were chamberlains at 
 the iuiperi:d ctnui, who iiitriKluced persons to the 
 presence of the emperor. (Lamprid. .Sever, c. 4 ; 
 ojficium admissionis. Suet. Vnfjj. c. 14.) They 
 were divided into four classes ; the chief officer 
 of each class was called proximus arhnissionum 
 (Ammian. xxii. 7) ; and the proximi were under 
 the mmjister adinisnunitm. (Ammian. xv. 5 ; Vop. 
 Aiird. c. 12.) The adniissionales were usvuiUy 
 freedmen. (Cod. J heod. vi. tit. 2. s. 12 ; tit. 9. 
 s. 2 ; tit. 35. s. 3.) 
 
 Friends appear to have been called amid admis- 
 
 ADOPTION (GREEK). 
 
 sionis primae., semndae, or tertiae. According to 
 some writers, they were so called in consequence 
 of the order in wliich they were admitted ; accord- 
 ing to others, because the atrium was divided into 
 different parts, separated from one anotlier by 
 hangings, into which persons were admitted ac- 
 cordhig to thi' dilFercnt degrees of favour in which 
 they were held. (Sen. Da Benef. vi. 33, 34 ; Clem. 
 i. I'O.) 
 
 'AAflNI'A, a festival celebrated in honour of 
 Aphrodite and Adonis in most of the Grecian 
 cities. (Aristoph. Paje. 412, and Sclujl.) It 
 lasted two days, and was celebrated by women 
 exclusively. On the first day they brought into 
 tile streets statues of Adonis, which were laid (Hit 
 as corpses ; and they observed all the rites 
 customary at funerals, beating themselves and 
 uttering lamentations. (Plutarch, Ah: c. 18 ; Nic. 
 c. 13.) 'I'he second day was spent in merriment 
 and feasting ; because Adonis was allowed to 
 return to life, and spend half of the year with 
 Aphrodite. 
 
 ADOPTION (GREEK). Adoption was called 
 by the Athenians flairoi-qcns , or sometimes simply 
 irolriais or Se'iris. The adoptive father was said 
 TToieiaBai, el(nroif7aBat, or sometimes iroiiiv : and 
 the father or mother (for a mother after the death 
 of her husband could consent to her son being 
 adopted) was said iKTcoieiv : the son was said 
 eKiroie7a6ai, with reference to the family which he 
 left ; and elairoKiaBai, with reference to the family 
 into which he was received. The son, when 
 adopted, was called TroirjTos, eiiT7roir)Tos, or Zero's : 
 in opposition to the legitimate son born of the body 
 of the father, who was called yvria-ioi. 
 
 A man might adopt a son either in his lifetime 
 or by his testament, provided he had no male off- 
 .spring and was of sound mind. He might also, by 
 testament, name a jierson to take his property, in 
 case his son or sons should die under age. (Demosth. 
 KctTtt 2T€d)aVou ■*'ei>5. 13.) If he had male 
 offspring, he could not dispose of his property. 
 This rule of law was closely connected with the 
 rule as to adoption ; for if he could have adopted 
 a son when he had male children, such son would 
 have shared his property with the rest of his male 
 children, and to that extent the father would have 
 exercised a power of disposition which the law de- 
 nied him. 
 
 Only Athenian citizens could be adopted ; but fe- 
 males could be adopted (by testament at least) as 
 well as males. (Isaeus, Tlepl toS 'Ayviov K\-npov.) 
 The adopted child was transferred from his own 
 family and demus into those of the adoptive 
 father ; lie inherited his property and maintained 
 the sacra of his adoptive father. It was not 
 necessary for him to take his new father's name, 
 but he was registered as his son. The adopted 
 son might return to his fomier family, in case lie 
 left a child to represent the family of his .aduiitive 
 father : unless he so returned, he lost all right 
 which he might have had on his father's side if he 
 had not been adopted ; but he retained all rights 
 which he might have on his mother's side, for 
 the act of adoption had no effect so far as concerned 
 the mother of the adopted person ; she still con- 
 tinued his mother after the act of adoption. 
 
 The next of kiji of an Athenian citizen were 
 intitled to his property if he made no disposition 
 of it l)y will, or made no valid adoption during his 
 lifetime ; they were, therefore, interested in pre- 
 
ADOPTION (ROMAN). 
 
 venting fraudulent adoptions. The whole com- 
 munity were also interested in preventing the in- 
 troduction into their body of a person who was not 
 an jVtlienian citizen. To protect the rights of the 
 next of kin against unjust claims by persons who 
 alleged themselves to be adopted sons, it was re- 
 quired that the father shoidd enter his son, whether 
 lioni (if liis body or adopted, in the register of his 
 pliratria {(pparptKou ypaiiixaTelov) at a certain 
 tinu', tlie Thargelia (Isaeus, Hepl toC 'Airo\Xo5a!p. 
 KAij'poi/, 3, 5), with the privity of his kinsmen and 
 pliratores {y^uvrjTai, (ppaTopes). Subsequently 
 to til is, it was necessary to enter him in the 
 register of the adoptive father's denius(Ai)|iapx"f6'' 
 ypafxtiaTflov), without which registration it ap- 
 pears that lie did not possess the fidl rights of 
 citizenship as a member of his new demus. 
 
 If the adoption was by testament, regis- 
 tnition was also required, which we may pre- 
 sume that the person himself might procure to 
 be done, if he was of age, or if not, his guardian 
 or next friend. If a dis]iute arose as to tlie 
 property of the deceased (KXi/pou SiaSi/cacri'a) 
 between the son adopted by testament and the 
 next of kin, there could properly be no registration 
 of tlie adopted son until the testament was esta- 
 blished. If a man died childless and intestate, his 
 next of kin, according to the Athenian rules of 
 succession (I)emosth. Wpos AfoiX- c. fi), took his 
 property by the right of blood. {ayxfT^ia Kara 
 yefos.) Though registration might in this case 
 also be required, there was no adoption properly 
 so called, as some modem writers suppose ; for the 
 next of kin necessarily belonged to the family of 
 the intestate. 
 
 The rules as to adoption among the Athenians 
 are not quite free from difficulty, and it is not easy 
 to avoid all error in stating them, 'i'he general 
 doctrines may be mainly deduced from the orations 
 of Isaeus, and those of Demosthenes against 
 Macartatus and Leochares. [G. L.] 
 
 ADOPTION (ROMAN). The Roman rela- 
 tion of parent and child arose either from a lawful 
 marriage or from adoption. Adnptio was the 
 general name which comprehended the two species, 
 wloptio and ailro<j(i1io ; and as the adopted person 
 passed from his o^vn familia into that of the per- 
 son adopting, wlnjifio caused a capitis dimimdio, 
 and the lowest of the three kinds. Adoption, in 
 its s])ecific sense, was the ceremony by which a 
 person who was in the power of his parent {in 
 potestnte parentium), whether child or grandchild, 
 male or female, was transferred to the power of the 
 person adopting him. It was effected under the 
 authority of a magistrate (marjisfnifug), the prae- 
 tor, for instance, at Rome, or a governor (praescs) 
 in the provinces. The person to be adopted was 
 mancipated [Mancipatio] by his natural father 
 before the competent authority, and surrendered 
 to the adoptive father by the legal form called in 
 jure cessio. (A. Gell. v. c. 19 ; Suet. Auij. c. 64.) 
 
 When a person was not in the power of his 
 parent {sui juris), the ceremony of adoption was 
 called adrogatin. Originally, it could only be 
 effected at Rome, and only by a vote of the 
 populus (popiili auctorilaie) in the comitia curiata 
 (Jffie curiata) ; the reason of this being that the 
 caput or status of a Roman citizen could not, ac- 
 cording to the laws of the Twelve Tables, be 
 affected except by a vote of the populus in the 
 comitia curiata. Clodius, the enemy of Cicero, 
 
 ADOPTION (ROMAN). 13 
 
 was adrogated into a plebeian family in order to 
 qualify himself to be elected a tribunus plebis. 
 (Cic. Ep. ad Attic, ii. 7 ; Pro Domo.) Females 
 could not be adopted by the adrogatio. Under 
 the emperors it became the practice to effect the 
 adrogatio by an imperial rescript {priiicipis auc- 
 toritate, e,r rescripto principvi) ; but this practice 
 had not become established in the time of Gains, 
 or, as it appears, of Ulpian. (Compare Gains, 
 i. 98, with Gains as cited in Dig. i. tit. 7. s. 2 ; and 
 Ulpian, tit. (i.) It would seem, however, 
 
 from a passage in Tacitus (Hist. i. 15), that Galba 
 adopted a successor without the ceremony of the 
 adi'ogatio. By a rescript of the Emperor Anto- 
 ninus Pius, addressed to the pontihces, those who 
 were under age {impuhenv), or wards (pupd/i), 
 could, with certain restrictions, be adopted by the 
 adrogatio. If a father who had children in his 
 power consented to be adopted by another person, 
 both himself and his children became in the power 
 of the adoptive father. All the property of the 
 ado]ited son became at once the property of the 
 adoptive father. (Gains, ii. 98.) A person could 
 not legally be adopted by the adrogatio till he had 
 made out a satisfactory case (justa, l/oiia, caiim) to 
 the piuititices, who had the right of insisting on 
 certain jin liminary conditions. This power of the 
 pontifices was ])robably founded on their right to 
 preserve the due observance of the sacra of each 
 gens. (Cic. Pro Dom. 13, &c.) It would accord- 
 ingly have been a good ground of refusing their 
 consent to an adrogatio, if the person to be adopted 
 was the on\j male of his gens, for the sacra would 
 in such case be lost. It was required that the 
 adoptive father also had no children, and no reason- 
 able hopes of any ; and, as a conse(|uence of this 
 condition, that he should be older than the person 
 to be adopted. 
 
 A woman could not adopt a person, for even her 
 own children were not in her power. 
 
 Finally, all adoption was effected by the im- 
 perial rescript. 
 
 'I'he effect of adoption was to create the legal re- 
 lation of father and son, just as if the adopted son 
 were bom of the blood of the adoptive father in 
 lawful marriage. The adopted child was intith'd 
 to the name and sacra privata of the adopting 
 parent, and it ajipears that the preser\'ation of the 
 sacra privata, wliich by the laws of the Twelve 
 Tallies were made perpetual, was frequently one 
 of the reasons for a childless person adopting a son. 
 In case of intestacy, the adopted child might be 
 the heres of his adoptive father. He became the 
 brother of his adoptive father's daughter, and there- 
 fore could not marry her ; but he did not become 
 the son of the adoptive father's wife, for adoption 
 only gave to the adopted son the jura agnationis. 
 (Gains, i. 97 — 107 ; Dig. I. tit. 7 ; Cicero, Pro 
 Domo.) 
 
 The phrase of " adoption by testament" (Cic. 
 Brtit. .58) seems to be rather a misapplication of 
 the term ; for though a man or woman might 
 by testament name a heres, and impose the con- 
 dition of the heres taking the name of the testator 
 or testatrix, this so-called adoption could not pro- 
 duce the effects of a proper adoption. It could, 
 give to the person so said to be ado]ited, the name 
 or property of the testator or testatrix, but nothing 
 more. A person on passing from one gens into 
 another, and taking the name of his new familia, 
 generally retained the name of his old gens also. 
 
14 
 
 ADULTERIUM. 
 
 ADULTERIUM. 
 
 with the addition to it of the tennination, anw. 
 'J'hus C. Octavius, afterwards the Emperor Augus- 
 tus, upon IjciiiL; adopted by the testament of his 
 uncle the dictator, assumed the name of Caius 
 Julius Caesar Octavianus ; but he caused the 
 adoption to be confirmed by the curiae. (Cic. 
 Off. iii. 18; Ep. Ad Attic, vii. 8; Suet. .Jul. 
 Cu&-<. 83. Tib. 2, &c. ; Heinec. Syntagma ; Dig. 
 3G. tit. 1. s. 63.) " [G. L.] 
 
 ADORA'TIO (irpofr/cui'iyTis) was paid to the 
 gods in the following manner : — The individual 
 stretched out his right hand to the statue of the 
 god whom he wished to honour, then kissed his 
 hand and waved it to the statue. (Plin. xxviii. 5.) 
 Nidli Dm wlhuc fupplicavif ; nullum iemplum 
 J'recpieutavit ; si fanum aliquod praetereat, ncfas 
 hahet uilorandi gratia manuni lahris admnrere. 
 (Apul. Apolop. p. 496.) The adoratio diifered 
 from the oratio or prayers, supplications, which were 
 offered with the hands folded together (iiirrid(TiiaTa 
 X^p^v, ^-Esch. Prom. 1004, ; Lucret. v. 1199 ; 
 Hor. Carm. III. xxiii. 1). The adoration paid to the 
 Roman emperors was borrowed from the eastern 
 mode of adoration, and consisted in prostration on 
 the ground, and kissing the feet and knees of the 
 emperor. 
 
 ADROGA'TIO. [Adoption.] 
 ADSCRIPTI'VI. [AccENsi.] 
 ADSTIPULA'TIO. [Stipulatio.] 
 ADULTER'IUM properly signifies, in the 
 Roman law, the offence committed by a man having 
 sexual intercourse with another man's wife. 
 Stuprum (called by the Greeks (pOopcL) signifies 
 the like offence with a widow or a %-irgin. It was 
 the condition of the female which determined the 
 legal character of the offence ; there was, therefore, 
 no adultery unless the female was married. 
 
 In the time of Augustus a lex was enacted 
 (probably about B.C. 17), intitled Lej: Julia de 
 adulteriui coercendis, the first chapter of which re- 
 pealed some prior enactments on the same subject, 
 with the provisions of which prior enactments we 
 are, however, unacquainted. In this law, the 
 terms adulterium and stupnmi are used indif- 
 ferently ; but, strictly speaking, these two terms 
 differed as above stated. The chief provisions of 
 this law may be collected from the Digest (48. tit. 
 .5), and from Paulus {Scntejit. Recept. ii. tit. 26. 
 Ed. Schulting). 
 
 It seems not unlikely that the enactments re- 
 pealed by the Julian law contained special penal 
 provisions against adultery ; and it is also not im- 
 probable tliat, by the old law or custom, if the 
 adulterer was caught in the fact, he was at the 
 mercy of the injured husband, and that the 
 husband might punish with death his adulterous 
 wife. (Dion. Hal. ii. 2.5 ; Suet. Tib. 35.) It 
 seems, also, that originally the act of adultery 
 might be prosecuted by any person, as being a 
 pultlic offence ; but under the emperors the right 
 of prosecution was limited to the husband, father, 
 brother, patruus, and a\-unculus of the adul- 
 teress. 
 
 By the Julian law, if a husband kept his wife 
 after an act of adultery was known to him, and let 
 the adulterer off, he was guilty of the offence of 
 lenocinium. I'he husband or father in whose 
 power the adulteress was, had sixty days allowed 
 for commencing proceedings against the wife, after 
 wliich time any other person might prosecute. 
 (Tacit. Ann. ii. 85.) A woman convicted of 
 
 adultery was mulcted in half of her dos and the 
 third part of her property (Jiumi), and banished 
 (relepata) to some miserable island, such as 
 Seriphos, for instance. The adulterer was mulcted 
 in half his property, and banished in like manner. 
 This law did not inflict the punishment of death 
 on either party ; and in those instances under the 
 emperors in which death was inflicted, it must be 
 considered as an extraordinary punishment, and 
 beyond the provisions of the Julian law. (Tacit. 
 Ann. ii. 50, iii. 24 ; J. Lips. E.rcurs. ad Tacit. Ann. 
 iv. 42 ; Noodt, Op. Oinn. i. 286, &c.) But by a 
 constitution of Constantine (Cod. ix. 30, if it is 
 genuine), the offence in the adulterer was made 
 capital. By the legislation of Justinian (A'cir. 134. 
 c. 10), the law of Constantine was probably only 
 confirmed ; but the adulteress was put into a con- 
 vent, after being first whipped. If her husband 
 did not take her out in two years, she was com- 
 pelled to assume the habit, and to spend the rest 
 of her life in the convent. 
 
 The Julian law permitted the father (both 
 adoptive and natural) to kill the adulterer and 
 adulteress in certain cases, as to which there were 
 several nice distinctions established by the law. 
 If the father killed only one of the parties, he 
 brought himself within the penalties of theCornelian 
 law De Sicariis. The husband might kill persons of 
 a certain class, described in the law, whom he caught 
 in the act of adultery with his wife ; but he could 
 not kill his wife. '1 he husband, by the fifth 
 chapter of the Julian law, could detain for twenty 
 hours the adulterer whom he had caught in 
 the fact, for the purpose of calling in witnesses to 
 prove the adultery. If the wafe was divorced for 
 adultery, the husband was intitled to retain part 
 of the dos. (Ulpian, Fr. vi. 12.) Horace (Carm. 
 IV. V. 21) is supposed to allude to this Julian law. 
 
 Among the Athenians, if a man caught another 
 man in the act of criminal intercourse (juoixei'a) with 
 his wife, he might kill him with impmiity ; and the 
 law was also the same with respect to a concubine 
 (TraWaKij.) He might also inflict other punish- 
 ment on the offender. It appears that among the 
 Athenians also there was no adulterj', unless a 
 married woman was concemed. (Lysias, Tirep toO 
 'EpaTna-BiVovs 4>oVoi/.) But it was no adulteryfor a 
 man to have connection with a married woman 
 who prostituted herself, or who was engaged in 
 selling any thing in the agora. (Demosth. Kari 
 Neaipos, c. 18.) The Roman law appears to 
 have been pretty nearly the same. (Paulus, Sent, 
 liccept. vi. tit. 26.) The husband might, if he 
 pleased, take a smn of money from the adulterer 
 by way of compensation, and detain him till he 
 found sureties for the pajnnent. If the alleged 
 adulterer had been unjustly detained, he might 
 bring an action against the husband ; and, if he 
 gained his cause, he and his sureties were released. 
 If he failed, the law required the sureties to deliver 
 up the adulterer to the husband before the court, 
 to do what he pleased with him, except that he 
 was not to use a knife or dagger. (Demosth. 
 Kara Neai'p. 18.) 
 
 The husband might also prosecute the adulterer 
 in the action called /^oixcas 7P"<l"i- If the act of 
 adultery was proved, the husband could no longer 
 cohabit with his wife under pain of losing his 
 privileges of a citizen (aTifnia). The adulteress was 
 excluded even from those temples which foreign 
 women and slaves were allowed to enter ; and if 
 
AEDILES. 
 
 AEDILES. 
 
 15 
 
 she was seen there, any one might treat her as he 
 pleased, provided he did not kill her or mutilate 
 her. (Dcmosth. Kard Neafp. c. 22 ; Aeschin. 
 Kara Ti/iopx- c. 36.) [G- L-] 
 
 ADVERSA'RIA, note-book, memorandum- 
 book, posting-book, in which the Romans enter- 
 ed memoranda of any importance, especially of 
 money received and expended, wliich were after- 
 wards transcribed, usually every month, into a 
 kind of ledger. ( Talmluc juskw, codex acccpti ct 
 arpens i.) Cicero describes the difference between 
 the adversaria and tabulae in his Oratio pro 
 Hose. Com. c. 3 : — Quid est, quod mjujenter 
 scribamus adversaria ? quid est, quod dilir/ejitcr 
 co/ifaiamus tahulas 1 qua de causa ? Quia liacc 
 sunt menstrua, itlue sunt aeterna ; haec dclentur 
 statiin, illue semudur saiicte, &c. 
 ADVERSA'RIUS. [Actor.] 
 
 'AAT'NATOI were persons supported by the 
 Athenian state, who, on account of infiiinity or 
 bodily defects, were unable to obtain a livelihood. 
 The "sum wliich they received from the state ap- 
 pears to have varied at different times. In the 
 time of Lysias ('Tw^p toO 'ASwdrov, c. iv. p. 740), 
 and Aristotle (Harpocrat. 'ASucaToi), one obolus a 
 day was given ; but it appears to have been after- 
 wards increased to two oboli. The bounty was 
 restricted to persons whose property was under 
 three minae ; and the examination of those who 
 were entitled to it belonged to the senate of the 
 Five Hundred. (Aeschin. Kara Ti^a'px'"') c- 21.) 
 Pisistratus is said to have been the first to intro- 
 duce a law for the maintenance of those persons 
 who had been mutilated in war. (Pint. Solon, c. 31 ; 
 Lysias, T-irip rov ^ASwdrou, a speech written 
 for an individual in order to prove that he was 
 intitled to be s\ipported by the state ; Petit. Leff. 
 Att. viii. tit. 3. s. 5 ; Biickh, Public Econ. of 
 Athens, i. p. 323—327. transl.) 
 
 ADVOCA'TUS seems originally to have 
 signified any person who gave another his aid 
 in any affair or business, as a witness for instance 
 (Varr. De lie Rust. ii. c. 5) ; or for the purpose of 
 aiding and protecting him in taking possession of a 
 piece of property. (Cic. Pro Cwcin. c. 8.) It was 
 also used to express a person who in any way 
 gave his advice and aid to another in the manage- 
 ment of a cause ; but the word did not signify the 
 orator or patronus who made the speech (Cic. De 
 Oraf. ii. 74) in the time of Cicero. Under the em- 
 perors, it signified a person who in any way assisted 
 in the conduct of a cause (Dig. 50. tit. 13. s. 1), 
 and was sometimes e([uivalent to orator. (Tacit. 
 Annul. X. G.) The advocate's fee was then called 
 honorarium. [Or.ator, Patronus, Cincia Lex.] 
 
 The advocatus is defined by Ulpian (Dig. 50, 
 tit. 13) to be any person who aids another in the 
 conduct of a suit or action. 
 
 The advocatus fisci was an important oflicer 
 established by Hadrianus. (Spart. Vit. Had. c. 60.) 
 It was his business to look after the interests of 
 the fiscus or the imperial treasury, and, among 
 other things, to mainUiin its title to bona caduca. 
 (Dig. 28. tit. 4. s. 3.) [CJ. L.] 
 
 AD'YTUM. [Temple.] 
 
 AEA'CIA. ['AIAKEfA.] 
 
 AEBU'TIA LEX. [Actio.] 
 
 AEDES. [House ; Temple.] 
 
 AEDI'LES. The name of these functionaries is 
 said to be derived from their having the care of 
 the temple («e<fa) of Ceres. The aediles were 
 
 originally two in number : they were elected from 
 the ])l(^bes, and the institution of the office dates 
 from the same time as that of the tribuni plebis, 
 B. c. 494. Their duties at first seem to have been 
 merely muiisterial ; they were the assistants of 
 the tribunes in such matters as the tribunes in- 
 trusted to them, among which are enumerated the 
 hearing of causes of smaller importance. At an 
 early period after their institution (h. c. 44G), we 
 find them appointed the keepers of the senatus 
 consulta, which the consuls had hitherto arbitrarily 
 suppressed or altered. (Liv. iii. 55.) They were 
 also the keepers of the plebiscita. Other functions 
 were gi'adually entrusted to them, and it is not 
 always easy to distinguish their duties from some 
 of those which behmg to the censors. 'I'hey had 
 the general superintendence of ljuildings, both 
 sacred and private : under this power they pro- 
 vided for the support and repair of temples, curiae, 
 &c., and took care that private buildings which 
 were in a niinous state were repaired by the 
 owners or pulled down. The superintendence over 
 the supply and distribution of water at Rome was, 
 at an early period, a matter of public administra- 
 tion. According to Frontinus, this was the duty 
 of the censors ; but when there were no censors, 
 it was within the province of the aediles. The 
 care of each particular source or supply was famu'd 
 to undertakers {redcmptores), and all that they did 
 was subject to the approbation of tlie censors or 
 the aediles. (Z)e Aquaeduct. Rom. lib. ii.) The care 
 of the streets and pavements, with the cleansing and 
 draining of the city, belonged to the aediles ; 
 and, of course, the care of the cloacae. They had 
 the office of distributing com among the plebes ; 
 but this distribution of corn at Rome must not be 
 confounded with the duty of purchasing or procuring 
 it from foreign parts, which was performed by the 
 consuls,quaestors,and praetors,and sometimes by an 
 extraordinary magistrate, as the praefectus annonae. 
 The aediles had to see that the public lands were 
 not improperly used, and that the pasture-grounds 
 of the state were not trespassed on ; and they had 
 power to punish by fine any unlawful act in this 
 respect. 1 hey had a general superintendence over 
 buying and selling, and, as a consequence, tlie 
 supervision of the markets, of things exposed to 
 sale, such as slaves, and of weights and measures : 
 from this part of their duty is derived the name 
 under which the aediles are mentioned by the 
 Greek writers (^ayopavdfxoi). It was their busi- 
 ness to see that no new deities or religious rites 
 were introduced into the city, to look after the ob- 
 servance of religious ceremonies, and the celebra- 
 tions of the ancient feasts and festivals. The 
 general superintendence of police comprehended the 
 duty of preserving order, regard to decency, and 
 the inspection of the baths, and houses of entertain- 
 ment, of brothels, and of prostitutes, who, it ap- 
 pears, were registered by the aediles. The 
 aediles had various officers under them, as prae- 
 cones, scribao, and viatores. 
 
 The Aedile.s Curules. who were also two in 
 number, were originally chosen only from the 
 patricians, afterwards alternately from the patri- 
 cians and the plebcs, and at last indifferently fr(un 
 both. (Liv. vii. 1.) The office of curule aediles 
 was instituted B. c. 365, and, according to Livy, 
 on the occasion of the plebeian aediles refusing to 
 consent to celebrate the ludi maximi for the space 
 of four days instead of three ; upon which a 
 
16 
 
 AEDILES. 
 
 AEDILES. 
 
 senatus consultum was passed, by which two 
 aediles were to be chosen from the |)atriciaiis. 
 From this time four aediles, two plelieiaii and 
 two curule, were annually elected. (Liv. vi. 
 42.) The distinctive honours of the aediles 
 curules were, the sella curulis, from whence their 
 title is derived, the toga praetcxta, precedence in 
 speaking in the senate, and the jus imagiiiis. (Cic. 
 2. Verr. v. 14.) The aediles curules only had the 
 jus edicendi, or the right of promulgating edicta 
 (Gaius, i. G) ; but the rules comprised in their 
 edicta served for the guidance of all tlie aediles. 
 The edicta of the curule aediles were founded on 
 their authorit}' as superintendents of the markets, 
 and of buying and selling in general. Accordingly, 
 their edicts had mainly, or perhaps solely, reference 
 to the rules as to buying and selling, and contracts 
 for bargain and sale. They were the foundation 
 of the actiones aediliciae, among which are included 
 the actio redhihitoria, and qucmti minoris. (Dig. "21. 
 tit. 1. De Aedilicio Edkto ; A. Gell. iv. 2.) A great 
 part of the provisions of the aediles' edict relate to 
 the buying and selling of slaves. The persons both 
 of the plebeian and curule aediles were sacrosancti. 
 (Liv. iii. 55.) 
 
 It seems that after the appointment of the 
 curule aediles, the functions fonnerly exercised 
 by the plebeian aediles were exercised, with some 
 few exceptions, by all the aediles indift'erently. 
 Within five days after being elected or entering 
 on office, they were required to determine by lot, 
 or by agreement among themselves, what parts of 
 the city each should take under his superintend- 
 ence ; and each aedile alone had the care of 
 looking after the paving and cleansing of the 
 streets, and other matters, it may be presumed, of 
 the same local character within his district. The 
 other duties of the ofBce seem to have been exer- 
 cised by them jointly. 
 
 In the superintendence of the public festivals 
 and solemnities, there was a further distinction 
 between the two sets of aediles. Many of these 
 festivals, such as these of Flora (Cic. 2. Verr. v. 14 ; 
 Ovid. Faat. V. 278, &c.) and Ceres, were superin- 
 tended by either set of aediles indifferently ; but 
 the plebeian games were under the superintendence 
 of the plebeian aediles, who had an allowance of 
 money for that purpose ; and the fines levied on 
 the pecuarii, and others, seem to have been appro- 
 priated to these among other public purposes. (Liv. 
 X. 23 ; xx\-ii. 6 ; Ovid. Ftist. v. 278, &c.) The 
 celebration of the ludi magni or Roniani, of the 
 ludi scenici or dramatic representations, and the 
 ludi Megalesii, belonged specially to the cuiide 
 aediles, and it was on such occasions that they 
 often incurred a prodigious expense, with the view 
 of pleasing the people and securing their votes in 
 future elections. This extravagant expenditure of 
 the aediles arose after the close of the second 
 Punic war, and increased with the opportunities 
 which individuals had of enricliing themselves 
 after the Roman arms were carried into Greece, 
 Africa, and Spain. Even the prodigality of the em- 
 perors liardly surpassed that of individual curule 
 aediles under the republic ; such as C. J. Caesar 
 the dictator, P.C. Lentulus Spinthcr ; and, above all, 
 M. Aeniilius Scaurus, whose ex])enditure was not 
 limited to bare show, but comprehended objects of 
 public utility, as the reparation of walls, dockyards, 
 ports, and aipiaeducts. (Cic. Ojf. ii. 17; Plin. 
 //. N. xxxiii. 3. xxxvi. 15.) An instance is men- 
 
 tioned by Dion Cassius (xliii. 48) of the ludi 
 Megidesii being superintended by the plebeian 
 aediles ; but it was done pursuant to a senatus 
 consultum, and thus the particular exception con- 
 finns the general rule. 
 
 In B. c. 45, J. Caesar caused two curule aediles 
 and four plebeian aediles to be elected ; and 
 thenceforward, at least so long as the office of 
 aedile was of any importance, six aediles were 
 annually elected. The two new plebeian aediles 
 were called Cereales, and their duty was to look 
 after the supply of corn. Though their office may 
 not have been of any gi'eat importance after the 
 institution of a praefectus annonae by Augustus, 
 there is no doubt that it existed for several cen- 
 turies, and at least as late as the time of Gordian. 
 
 The aediles belonged to the class of the 
 minores magistratus. The plebeian aediles were 
 originallj' chosen at the comitia centuriata, but after- 
 wards at the coniitia tributa (Dion. Hal. vi. 
 90. ix. 43. 49 ; Liv. ii. 56, 57), in which 
 comitia the curule aediles also were chosen. 
 It appears that until the lex annalis was 
 passed, a Roman citizen might be a candidate for 
 any office after completing his twenty-seventh 
 year. This lex annalis, which was passed at the 
 instance of the tribune L. V. Tappulus, B.C. 180, 
 fixed the age at which each office might be enjoyed. 
 (Liv. xl. 44.) The passage of Livy does not men- 
 tion what were the ages fixed by this law ; but it 
 is collected from various passages of Roman 
 writers, that the age fixed for the aedileship was 
 thirty-six. This, at least, was the age at which a 
 man could be a candidate for the curule aedile- 
 ship, and it does not appear that there was a 
 different rule for the plebeian aedileship. 
 
 The aediles existed under the emperors ; but 
 their powers were gradually diminished, and their 
 functions exercised by new officers created by the 
 emperors. After the battle of Actium, Augustus 
 appointed a praefectus urbis, who exercised the 
 general police, which had fonnerly been one of the 
 duties of the aediles. Augustus also took from 
 the aediles, or exercised himself, the office of 
 superintending the religious rites, and the banish- 
 ing from the city of all foreign ceremonials ; he 
 also assumed the superintendence of the temples, 
 and thus may be said to have destroyed the aedile- 
 ship by depriving it of its old and original finic- 
 tion. This will serve to explain the curious fact 
 mentioned by Dion Cassius (Iv. c. 24), that no 
 one was willing to hold so contemptible an office, 
 and Augustus was therefore reduced to the neces- 
 sity of compelling persons to take it : persons were 
 accordingly chosen by lot, out of those who had 
 served the office of quaestor and tribune ; and this 
 was done more than once, 'i'he last recorded in- 
 stance of the splendours of the aedileshii) is the 
 administration of Agrippa, who volunteered to take 
 the office, and repaired all the public buildings and 
 all the roads at his own expense, without di'awing 
 anything from the treasury. (Dion Cas. xlix. c. 
 43 ; Plin. //. N. xxxvi. 15.) The aedileship had, 
 however, lost its true character before this time. 
 Agrippa had already been consul before he accepted 
 the office of aedile, and his munificent expenditure 
 in this nominal office was the close of the splendour 
 of the aedileship. Augustus appointed the curule 
 aediles specially to tlie office of putting out fires, 
 and placed a body of 600 slaves at their command ; 
 but the pracfecti vigilum afterwards performed this 
 
AEGIS. 
 
 AEGIS. 
 
 17 
 
 duty. In like manner the curatnres viarum were 
 appointed by him to superintend the roads near 
 the city, and the qiiatuorviri to superintend those 
 within Rome. The cumtores opcrum puUkorum 
 and the curatorcs ahei Tilieris, also appointed by 
 Augustus, stripped the aediles of the remaining 
 few duties that might be called honourable. They 
 lost also the superintendence of wells, or springs, 
 and of the aquaeducts. (Frontinus ii. ) They re- 
 tained, under the early emperors, a kind of police, 
 for the purpose of repressing open licentiousness 
 and disorder : thus the baths, eating-houses, and 
 brothels, were still subject to their inspection, and 
 the registration of prostitutes was still within their 
 duties. (Tacit. Jmial. ii. 85.) We read of the 
 aediles under Augustus making search after 
 libellous books, in order that they might be burnt. 
 
 The coloniae, and the municipia of the later 
 period, had also their aediles, whose numbers and 
 finictions varied in different places. They seem, 
 however, as to their powers and duties, to have 
 resembled the aediles of Rome. Tliey were 
 chosen annually. {De Aedil. Col., &c. Otto. 
 Lips. 173-2.) 
 
 The history, powers, and duties of the aediles 
 arc stated with great minuteness and accuracy by 
 Schubert, I)e Roinanorum AciTilihus, Lib. iv. Regi- 
 niontii, lH-_>8. [G. L.] 
 
 AKDIT'UI, AEDIT'UMI, AEDIT'IMI 
 (called Ijy the Greeks j/eoi/cJpoi, ^oKopoi, and 
 viro^dKopoi, Herod, vi. 134), were persons who 
 took care of the ten\ples, attended to the cleaning 
 of them, &c. (Liv. xxx. 17 ; Gell. xii. 10 ; Suet. 
 Bom. c. 1 ; Varro DeLiiif/. Lat. \i.2.) They appear 
 to have lived in the temples, or near them, and to 
 have acted as ciceroni to those persons who wished 
 to see them. (Plin. xxxvi. 4. § 10 ; Cic. 2. Ven: 
 iv. 44 ; Schol. on Hor. Ep. Ii. i. 230.) In ancient 
 times the aeditui were citizens, but under the 
 emperors freedmen. (Scrv. o« Virg. Acn.ix.dA:^.) 
 
 AEGIS is a Greek word (0171$, i5os), signify- 
 ing literally, a goat-skin ; and formed on tlie same 
 analogy with regpi's, a fawn-skin. (See Herod, 
 iv. 18.4.) 
 
 According to ancient mythology, the aegis 
 woni by Jupiter was the hide of the goat Amal- 
 thea, which had suckled him in his infancy. 
 Ilyginus relates {Astron. Poet. 13), that, when 
 he was preparing to resist the Titans, he was 
 directed, if he wished to conquer, to wear a goat- 
 skin with the head of the Gorgon. To this 
 particular goat-skin the tenn aegis was afterwards 
 confined. Homer always represents it as part of 
 the annour of Jupiter, whom on this account he dis- 
 tinguishes by the epithet iiegis-heariiici [alyioxos ). 
 He, however, asserts, that it was borrowed on 
 different occasions both by Apollo (//. xv. 229. 
 307—318. 3b'0. xxiv. 20), and by Minerva {11. ii. 
 447—449. xviii. 204. xxi. 400). 
 
 The skins of various quadrupeds having been 
 used by the most ancient inhabitants of Greece 
 for clothing and defence, we cannot wonder that 
 the goat-skin was employed in the same manner ; 
 and the particular application of it, which we have 
 now to consider, will be understood from the fact 
 that the heavy shields of the ancient Greeks were 
 in part supported by a belt or strap {T^Ka/iaiv, 
 halteiis) passing over the right shoulder, and, when 
 not elevated with the shield, descending transverse- 
 ly to the left hip. In order that a goat-skin might 
 serve this purpose, two of its legs would probably 
 
 be tied over the right shoulder of the wearer, the 
 other extremity being fastened to the inside of 
 the shield. In combat the left arm would be 
 passed under the hide, and would raise it together 
 with the shield, as is shown in a marble statue of 
 Minerva, preserved in the museum at Naples, 
 which, from its style of art, may be reckoned 
 among the most ancient in existence. 
 
 Other statues of Minerva, also of very high anti- 
 quity, and derived, no doubt, from some still more 
 ancient type, represent her in a state of repose, and 
 with the goat-skin falling obliquely from its loose 
 fastening over her right shoulder, so as to pass 
 round the body under the left ann. The annexed 
 figure is taken from a colossal statue of Minerva 
 at Dresden. The softness and tiexil)ility of tin: 
 goat-skin are liere expressed by the folds pro- 
 duced in it by tlie girdle with which it is en- 
 circled. 
 
 Another mode of wearing this garment, also of 
 peaceful expression, is seen in a statue of Minerva 
 
18 
 
 AEGIS. 
 
 AELIA SENTIA LEX. 
 
 at Dresden, of still higher antiquity than that last 
 referred to, and in the very ancient image of the 
 same goddess from the temple of Jupiter at 
 Aegina. In both of these the aegis covers the 
 right as well as the left shoulder, the breast, and 
 the back, falling behind so as almost to reach the 
 feet. Schom {in Biittiger's AmaltJiea, ii. 215) 
 considers this as the original form of the aegis. 
 
 By a figure of speech. Homer uses the term 
 aegis to denote not only the goat-skin, which it 
 properly signified, but together with it the shield 
 to which it belonged. By thus understanding the 
 word, it is easy to comprehend both why Minerva 
 is said to throw her father's aegis around her 
 shoulders (//. v. 738. xviii. 204), and why on one 
 occasion Apollo is said to hold it in his hand and 
 to shake it so as to terrify and confound the 
 Greeks (//. xv. 229. 307 — 321), and on another 
 occasion to cover with it the dead body of Hector 
 in order to protect it from insult (xxiv. 20). In 
 these passages we must suppose the aegis to mean 
 the shield, together with the large expanded skin 
 or belt by which it was suspended from the right 
 shoulder. 
 
 As the Greeks prided themselves greatly on the 
 rich and splendid ornaments of their shields, they 
 supposed the aegis to be adorned in a style cor- 
 responding to the might and majesty of the father 
 of the gods. In the middle of it was fixed the 
 appalling Gorgon's head (11. v. 741), and its 
 border was surrounded with golden tassels 
 (SJo-aj/oi), each of which was worth a hetecomb 
 (ii. 446 — 449). In the figures above exhibited, 
 the serpents of the Gorgon's head are transferred 
 to the border of the skin. 
 
 By the later poets and artists, the original con- 
 ception of the aegis appears to have been for- 
 gotten or disregarded. They represent it as a 
 breast-plate covered with metal in the fonn of 
 scales, not used to support the shield, but extend- 
 ing equally on both sides from shoulder to 
 shoulder ; as in the annexed figure, taken from a 
 statue at Florence. 
 
 With this appearance the descriptions of the 
 aegis by the Latin poets generally correspond. 
 
 (Virgil, Aen. viii. 435 — 438'; Val. Flaccus, vL 
 174 ; Sid. Apollinaris, Carm, xv. ; Sil. Ital. Lx. 
 442.) 
 
 It is remarkable that, although the aegis 
 properly belonged to Jupiter and was only bor- 
 rowed from him by his daughter, and although she 
 is commonly exhibited either with the aegis 
 itself, or with some emblem of it, yet we seldom 
 find it as an attribute of Jupiter in works of art. 
 There is, however, in the museum at Leyden, a 
 marble statue of Jupiter, found at Utica, in which 
 the aegis hangs over his left shoulder. It has 
 the Gorgon's head, serpents on the border, and a 
 hole for the left ann to pass through. The an- 
 nexed figure is taken from a cameo engraved by 
 Nisus, a Greek artist. Jupiter is here represented 
 with the aegis wrapt round the fore part of his 
 left arm. The shield is placed imdenieath it, at 
 his feet. In his right hand he holds the thunder- 
 bolt. 
 
 The Roman emperors also assumed the aegis, 
 intending thereby to exhibit themselves in the 
 character of Jupiter. Of this the armed statue of 
 Hadrian in the British Museum presents an ex- 
 ample. In these cases the more recent Roman 
 conception of the aegis is of course followed, co- 
 intiding with the remark of Semus (Aen. viii. 
 435), that this breast-armour was called aegis 
 when worn by a god; lorka, when worn by a man. 
 
 Hence Martial, in an epigram (vii. 1) on the 
 breast-plate of Domitian, says, 
 " Dum vacat haec, Caesar, poterit lorica vocari : 
 Pectore cum sacro sederit, aegis erit." 
 In these lines he, in fact, addresses the emperor as 
 a divinity. [J. Y.] 
 
 'AEI'ilTOI. [HTPTANEfON.] 
 
 AE'LIA SEN'TIA LEX. This law. which 
 was passed in the time of Augustus (about A. D. 
 3), contained various provisions. By one clause it 
 was provided, that manumitted slaves, who during 
 their servitude had undergone certain punishments 
 for offences, should not become either Roman 
 citizens or Latini, but should belong to the class of 
 I pcregrini dediticii. [Dediticii.] 'ihe law also 
 
AERA. 
 
 AERARIUM. 
 
 19 
 
 contained various provisions as to the manumission 
 of slaves, and as to the mode in which a manu- 
 mitted slave, who had only obtained the privileges 
 of a Latinus, might become a Roman citizen. The 
 law also made void all manumission of slaves 
 eflfected for the puq)0se of defrauding a creditor or 
 a patron, whether such manumission was etfected 
 in the life time of the master, or hy his testament. 
 It prescribed cert;un fonnalities to be observed in 
 the case of manumission when the owner of the 
 slave (^dominiis) was under twenty ; the effect of 
 which was, that though a person of the age of 
 fourteen could make a will, he could not by will 
 give a slave his freedom. (Gains, lib. i. ; Ulp. 
 Frag. tit. 1 ; Dig. 28. tit. 5. s. 57. 60 ; Tacit. Ak?!. 
 XV. 55.) [G. L.] 
 
 AENEATO'RES (ahenatores, Amm. xxiv. 4), 
 were those who blew upon wind instruments in the 
 Roman army ; namely, the Inuximitores, cornicines, 
 and tuiiicincs. (Suet. Jul. Cacs. c. 32.) Aenea- 
 tores were also employed in the public games. 
 (Sen. Ep. 84.) A colleyiiim aenfatoruni is men- 
 tioned in inscriptions. (Orelli 4059 ; Gmter 
 264, No. 1.) 
 
 AEOLIP'YLAE (^al6\ov irvAai), were, accord- 
 ing to the description of Vitruvius (i. 6), hollow 
 vessels, made of brass, which were used in ex- 
 plaining the origin, &c. of the winds. These ves- 
 sels, which had a very small oritice, were filled 
 witli water and placed on the fire, by which, of 
 course, steam was created. 
 
 AE'QUITAS. [Jus.] 
 
 AERA, a point of time from which subsequent 
 or preceding years may be counted. 'I'he Greeks 
 had no common aera till a comparatively late 
 period, 'i'he Athenians reckoned their j'ears by 
 the name of the chief archon of each year, whence 
 he was called apxw iuiiwixos ; the Lacedaemo- 
 nians by one of the Ephors ( I hucyd. ii. 2 ; Pans, 
 iii. 11. § 2); and the Argives by the chief priestess 
 of Juno, who held her office for life. (Thucj'd. 
 ii. 2.) 'J'he following aeras were adopted in later 
 times : — 1 . The aera of the Trojan war, B. c. 
 1184, which was first made use of by Erasto- 
 sthenes. 2. The Olympiac aera, which began 
 B. c. 776, and was first made use of by Timaeus of 
 Sicily, and was adopted by Polybius, Diodoms, 
 Dionysius Ilalicamassus, and Pausanias. [Olym- 
 piad.] 3. The Philippic or Alexandrian aera, 
 which began B. c. 323. 4. The aera of the 
 Seleucidae, which began in the autumn of B. c. 312. 
 5. 'i he aeras of Antioch, of which there were 
 three, but the one in most common use began in 
 November B. c. 49. 
 
 The Romans reckoned their years from the 
 foundation of the city {ab urhc condiia),m the time 
 of Augustus and subsequently ; but in earlier times 
 the years were reckoned by the names of the con- 
 suls. W e also find traces of an aera from the 
 banishment ofthekiugs; and of another, from the 
 taking of the city by the Gauls. 1 he date of 
 the foundation of Rome is given differently by 
 different authors. That which is most com- 
 monly followed is the one given by Varro, 
 which coiTesponds to B.C. 753. (Niebiihr, Hist. 
 Bom. vol. i. p. 258 — 269. transl.) It must be 
 observed that 753 a. u. c. is the first year be- 
 fore, and 754 a. u. c. the first year after, the 
 Christian . aera. To find out the year b. c. cor- 
 responding to the year A. u. c. subtract the year 
 A. u. c. from 754 ; thus, 605 A. u. c. = 149 b. c. 
 
 To find out the year a. d. corresponding to the 
 year A. v. c, subtract 753 from the year A. v. c. ; 
 thus, 767 A. U. C. = 14 A. D. 
 
 AERA'RII, those citizens of Rome who did not 
 enjoy the perfect franchise ; i. e. those who cor- 
 responded to the Isutcles mAAiimi ?it Athens. The 
 name is a regularadjective formed from aes (bronze), 
 and its application to this particular class is due to 
 the circumstiince that, as the aerarii were protected 
 by the state without being bound to military ser- 
 vice, they naturall}' had to pay the aes mililare, 
 which was thus originally a charge on them, in the 
 same way as the sums for knights' horses were 
 levied on the estates of rich widows and orphans. 
 (Niebuhr, Hist. Rom. i. p. 465.) [Aes Hordea- 
 RiUM.] The persons who constituted this class were 
 either the inhabitiints of other towns which had a 
 relation of isopolity with Rome (the it/rjuilini), or 
 clients and the descendants of freedmen. The 
 decemvirs enrolled in the tribes all who were aera- 
 rians at that time (Niebuhr, Hist. Rom. ii. p. 317) : 
 and when the tribes comprised the whole nation, 
 the degradation of a citizen to the rank of an 
 aerarian (which was called aerarium /acere, 
 Aul. Gell. iv. 1 2 ; referre ali</uem in acrarios, Cic. 
 Pro Clucntio, c. 43 ; or in tahulas Caeritum referri 
 juhere, Aul. Gell. xvi. 13) might be practised in 
 the case of a patrician as well as of a plebeian. 
 Hence, aerarius came to be used as a tenn of re- 
 proach. Thus Cicero, speaking of the cornipt 
 judices who tried Clodius, says {Ad Attic. \. 16), 
 Macutosi scnatorcs, nmli e(juit<-'s, tribuni non tarn 
 iierutif quam, ut appeltaittur, aerarii. He is allud- 
 ing to the Aurelian law, which settled that the 
 judices should be selected from the senators, the 
 knights, and the tribuni aerarii. These tribuni 
 aerarii, who constituted an order in the later days 
 of the republic, and were, in fact, the represent- 
 atives of the most respectable plebeians, were 
 originally heads of tribes, who acted as general in- 
 spectors and collectors of the aes militm-e for the 
 ! pajTuent of the troops. (Dion. Hal. iv. 14.) In 
 the same way the publicani, or fanners of the 
 taxes, constituted a numerous class of the eques- 
 trian order. [J. W. D.] 
 
 AERA'RIUM, the public treasury at Rome. 
 After the banishment of the kings, the temple of 
 Saturn was used as the place for keeping the public 
 treasure, and it continued to be so till the later 
 times of the empire. (Plut. Popl. c. 12 ; Plin. 
 Pan. 91, 92.) Besides the public money, the 
 standards of the legions were kept in the aerarium 
 (Liv. iii. 69 ; iv. 22 ; vii. 23) ; and also all de- 
 crees of the senate were entered there, in books 
 kept for the purpose. (Cic. De Ley. iii. 4 ; Tac. 
 Ann. iii. 51 ; xiii. 20.) 
 
 The aerarium was divided into two parts : the 
 common treasury, in which were deposited the 
 regular taxes, and which was made use of to meet 
 the ordin;iry expenditure of the state ; and the 
 sacred treasury (aerarium sanctum, sanctius, Liv. 
 XX vii. 10 ; Flor. iv. 2 ; Caes. BeU. Gv. i. 14), 
 which was never touched except in cases of ex- 
 treme peril. The twentieth part of the value of 
 every slave who was enfranchised (Liv. vii. 16 ; 
 xxvii. 10), and some part of the plunder of 
 conquered nations, was deposited in the sacred 
 treasuiy. (Lucan. Phars. iii. 155.) Augustus 
 established a separate treasury under the name of 
 aerarium militare, to provide for the pay and sup- 
 port of the anny, and he imposed several new taxes 
 
 c 2 
 
20 
 
 AES. 
 
 AES. 
 
 for that purpose. (Suet. Odav. 49 ; Dion, Iv. 24, 
 25. 32.) 
 
 The aerarium, the public treasury, must be dis- 
 tinguished from the fiscus, the treasury of the 
 emperors. (Sen. De Ben. vii. 6 ; Plin. Pcm. 36. 
 42 ; Suet. Odav. 101 ; Tac. Ann. ii. 47 ; vi. 2.) 
 [Fiscus.] 
 
 The charge of the treasury was originally in- 
 trusted to tlic quaestors and their assistants — the 
 tribuni acrarii ; but in B. c. 49, when no quaestors 
 were elected, it was transferred to the aedilcs, in 
 whose care it appears to have been till B. c. 28, 
 when Augustus gave it to the praetors or those who 
 had been praetors. (Suet. Odav. 3().) Claudius re- 
 stored it to the quaestors (Suet. Claud. 24 ; Dion,lx. 
 24) ; but Nero made a fresh change, and committed 
 it ti) those who had been praetors, and whom he 
 i:i\S\e<\. pvaefi-di aerarii. (Tac. Ann. xiii. 29.) In 
 the time of Vespasian, the charge of the treasury 
 appears to have been again in tlie hands of the 
 praetors (Tac. Hist. iv. 9) ; but in the time of 
 Trajan, if not before, it was again intrusted to 
 praefects, who appear to have held their office for 
 two years. (Plin. Pan. 91, 92; Lipsius, i?«-«rs7(« 
 ad Tacit. Ann. xiii. 29.) 
 
 AERUSCATO'RES were vagrants who ob- 
 tained their living by fortune-telling and begging. 
 (GeU. xiv. 1 ; ix. 2 ; Sen. Dc Clem. ii. 6.) They 
 were called by the Greeks ayvprat. ['ArT'PTAI.] 
 Fcstus explains acritscare by aeni undi/pie C(jUi<iere. 
 
 AES (x^^Kos), a composition of metals, in 
 which copper is the predominant ingredient. Its 
 etj-mology is not known. The Italians and French 
 often use the words rame and utlunc, and airain, 
 to translate the word aes ; but, like the English 
 term brass, which is also employed in a general 
 way to express the same composition, all are in- 
 correct, and are calculated to mislead. Brass, to 
 confine ourselves to our own language, is a com- 
 bination of copper and zinc, while all the specimens 
 of ancient objects formed of the material called 
 aes, are found upon analysis to contain no zinc ; 
 but, with very limited exceptions, to be composed 
 entirely of cajipcr and tin. To this mixture the 
 term hnm-c is now exclusively applied by artists 
 and founders ; and it is desirable that, being now 
 generally received, it should always be used, in 
 order to prevent misapprehension, and to dis- 
 tinguish at once between the two compositions. 
 The word bronze is of Italian origin, and of com- 
 paratively modern date, and derived in all proba- 
 bility from tlie brown colour {liruno) which the 
 artists of the period of the revival (as it is called) 
 of the Arts,and those who followed them, gave their 
 metjd works ; various fine specimens of such pro- 
 ductions of the dnque-ccnto age are still preserved 
 in the museum of Florence and in other collections ; 
 and when the surface of the cast has not been in- 
 jured by accident, or by exposure to the weather, 
 the rich broxvn tint originally imparted to them is 
 as perfect as when it was first produced. The 
 natural colour of bronze, when first ciist, is a reddish 
 brown ; the different tints which are seen on 
 works of sculpture of this class being almost al- 
 ways given by artificial means : that which modern 
 taste prefers, and which is now usually seen on 
 bronze W(irks, namely, a bright blueish green, 
 may, however, be considered natural to it, as it is 
 simply the effect of oxidation, from exposure to the 
 influence of the atmosphere. Sometimes the 
 operations of time and weather are anticipated by 
 
 the skilful application of an acid over the surface 
 of the metal. The finest bronzes of antiquity are 
 remarkable for the colour of this jiatiua, as it is 
 called by antiquaries. 
 
 The employment of aes (Jironzu) was very 
 general among the ancients ; money, vases, and 
 utensils of all sorts, whether for domestic or sacri- 
 ficial purposes, ornaments, amis offensive and de- 
 fensive, furniture, tablets for inscriptions, musical 
 instruments, and indeed every object to which it 
 could be applied, being made of it. The propor- 
 tions in which the component parts were mixed 
 seem to have been much studied ; and the peculi- 
 arities and excellence of the different sorts of 
 bronze were marked by distinctive names, as the 
 aes Corinthiacum, aes Deliacum, aes Aegineti- 
 cum, aes Ilepatizon, and others ; but of which, it 
 must be confessed, we know little or nothing be- 
 yond the titles, except that we collect from some 
 of the wi-iters of antii[uity that, with the view of 
 producing effects of colour or variety of texture, the 
 artists sometimes mixed small proportions of gold, 
 silver, lead, and even iron, in the composition of 
 their bronze. 
 
 No ancient works in brass, properly so called, 
 have yet been discovered, though it has been 
 affimied that zinc was found in an analysis made 
 of an antique sword (see Mongez, Mtm. de 
 r Institut.) ; but it appeared in so extremely small 
 a quantity, that it hardly deserved notice ; if it 
 was indeed present, it may rather be attributed to 
 some accident of nature than to design. For 
 further particulars on the composition of bronze, 
 and the practice of the ancients in different pro- 
 cesses of metal-working, the reader is referred to 
 I the article on Bronze. [R. W — tt.] 
 
 AES (money, mimini a'tnei or afrit). Since 
 the most ancient coins in Rome and the old 
 Itali.an states, were made of aes, this name was 
 given to money in general, so that Ulpian (Dig. 
 .50. tit. If), s. 159) says, Etiam aureos nummos aes 
 ilicimus. (Compare Hor. Ars Po'it. 345 ; J3p. i. vii. 
 23.) For the same reason we have aes aliennm, 
 meaning debt, and acra in the plural, pay to the 
 soldiers. (Liv. v. 4 ; Plin. //. jV. xxxiv. 1.) The 
 Romans had no other coinage except bronze or 
 copper ("c's), till .K. v. c. 485 (b. c. 2()9), five years 
 before the first Punic war, when silver was 
 first coined ; gold was not coined till sixty-two 
 years after silver. (Plin. xxxiii. 13.) For this 
 reason Argentinus, in the Italian mythology, was 
 made the son of Aesculanus. {Quia priiis acrca 
 pecm/ia in usii esse crx'pit, post aiyentea. August. 
 Dc Civii. Dci.iv. 21.) 
 
 The earliest copper coins were cast, not struck. 
 In the ciillcetidu of coins at the British Museum 
 there are four ascs joined together, as they were 
 taken from the mould in which many were cast at 
 once. In most ases the edge shows where they 
 were severed from each other. The first coinage 
 of aes is usually attributed to Servius Tullius, who 
 is said to have stamped the money with the image 
 of cattle (jirnts), whence it was called pccuniu. 
 (Plin. //.A', xxxiii. 13 ; xviii. 3 ; Varro, DcRcIiast. 
 ii. 1. ; Ovid, Fast. v. 281.) According to some 
 accounts, it was coined from the commencement of 
 the city (Plin. //. A^. xxxiv. 1) ; and according to 
 others, the first coinage was attributed to Janus 
 m Satuni. (Macrob. Saturn, i. 7.) W'e know that 
 the old Italian states possessed a bronze or copper 
 coinage from the earliest times. 
 
AES EQUESTRE. 
 
 The first coinage was the as [As], which 
 originally was a pound weight ; but as in course of 
 time the weight of the as was reduced not only in 
 Rome, but in the other Italian states, and this re- 
 duction in weight was not unifonn in the dilferent 
 states, it t)ecame usual in all liargains to pay the 
 ases according to their weight, and not according to 
 their nominal value. The «c.s//mir (Liv. iv. 41. (iO ; 
 V. 2 ; xxxii. 26 ; Sen. Ad I Mi: 12) was not, as 
 has been supposed by some, tlie old heavy coins as 
 distinguished from the lighter modern ; but, as 
 Niebuhr {Rnm. IRst. i. p. 458) has remarked, it 
 signified any number of copper coins reckoned ac- 
 cording to the old style, by weight. There was, 
 therefore, no occasion for the state to suppress the 
 circulation of the old copper coins, since in all 
 bargains the ases were not reckoned by tale, but 
 by weight. The weight thus supplied a common 
 measure for the national money, and for that of 
 the diti'erent states of Italy ; and accordingly, a 
 hundred pounds, whether of the old or modern 
 money, were of the same value. The name of acs 
 grave was also applied to the uncoined metal. 
 (Servius, in Vin/. Acii. vi. i}G2 ; Mcissa, acs rude, 
 metal/um m/ecfiim, Isidor. xvi. 18, 1.3.) 
 
 Under the Roman empire, the right of coining 
 silver and gold belonged only to the emperors ; but 
 tiie copper coinage was left to the aerarium, which 
 was under the jurisdiction of the senate. 
 
 Bronze or copper (xa^xds) was very little used 
 by the Greeks for money in early times. Silver was 
 originally the universal currency, and copper ap- 
 pears to have been seldom coined till after the 
 time of Alexander the Great. At Athens a cop- 
 per coinage was issued as early as B. c. 40(i, in 
 the archonship of Callias (Hchol. on Arktnph. Han. 
 737) ; but it was soon afterwards called in, and 
 the silver currency restored. (Aristoph. Ecdeaiuz. 
 815 — 822.) It is not improbable, however, that 
 the copper coin called x<»'^f''''f was in circidation 
 in Athens still earlier. The smallest silver coin 
 at Athens was the quarter obol, and the x'^^'^oOs 
 was the half of that, or the eighth of an obol. 
 The copper coinage issued in the archonship of 
 Callias, probably consisted of larger pieces of money, 
 and not merely of the xo^ko^s, which appears to 
 have been used previously on account of the 
 difficulty of coining silver in such minute pieces. 
 The xn^KoCr in later times was divided into Upia, 
 of which, according to Suidas (Tihavrov and 
 'OSoAoj), it contained seven. There was another 
 copper coin ciuTent in Greece, called aunSoXov, of 
 which the value is not known. Pollux (iii. 9) also 
 mentions k6x\vSos as a copper coin of an early 
 age ; but, as Mr. Hussey has remarked, this may 
 have been a common name for small moiiry ; since 
 k6k\v§os signified generally " changing money," 
 and KoWvSiaTris, " a money-changer." In later 
 times, the obol was coined of copper as well as 
 silver. As early as B. c. 1 85, we find talents paid 
 in copper by Ptolemy Epiphanes. (Polyb. xxiii. 
 9. 3 ; Hussey, Ancient Wei<jMs and Money, p. 115; 
 Biickh, Pull. Econ. of Atlwns, vol. ii. p. 384 ; 
 Ueher Geu-ichte. Miinzfussc, &c., 142. 342. &c.) 
 
 AES CIRCUMFORA'NEUM, money bor- 
 rowed from the Roman bankers {argentarii), who 
 had shops in porticos round the forum. (Cic. Ad 
 Attic, ii. 1.) 
 
 AES EQUES'TRE, the sum of money given by 
 the Roman state, for the purchase of the knight's 
 horse (ca jjccuuia, qua cjuus cmendus crat, Gaius, 
 
 AFFINES. 21 
 
 I iv. 27). This sum, according to hh-y (i. 43), 
 amounted to 10,000 ases. 
 
 AES HORDEA'RIUM, or HORDIA'RIUM, 
 the sum of money paid yearly for the keep of a 
 knighfs horse ; in other words, a knight's pay 
 (<■« pecunia, ej' rjua hordcum equis erat compa- 
 rundum, Gaius, iv. 27). This sum, which 
 amounted to 2000 ases for each horse, was charged 
 upon the rich widows and orphans, on the princi- 
 ple that, in a military state, the women and chil- 
 dren ought to contribute largely for those who 
 fought in behalf of them and the commonwealth. 
 (Liv. i. 43 ; Cic. De Hep. ii. 20.) The knights 
 had a right to distrain for this money, if it was not 
 paid ; in the same manner as they had the right to 
 distrain for the aea eijm'stre, and the soldiers for the 
 acs militare. (Gaius, iv. 27 ; Cato in C'l/lins, vii. 
 1 0 ; Niebuhr, Horn. i. 4(50, 40 1 .) It has been 
 remarked by Kiebuhr {Hist. Horn. ii. 439), that a 
 knight's monthly pay, if his yearly pension of 
 2000 ases be divided by twelve, does not come to 
 any thing like an even sum ; but that, if we have 
 recourse to a year of ten months, which was used 
 in all calculations of payments at Rome in very re- 
 mote times, a knight's monthly pay will be 200 
 ases, which was just double the pay of a foot soldier. 
 AES MILITA'RE. [Aerarii.] 
 AES MANUA'RIUM was the money won in 
 playing with dice, manilms coUcctum. Manns was 
 the throw in the game. All who threw certain 
 numbers, were obliged to put down a piece of 
 money ; and whoever threw the Venus (the highest 
 tlirow) won the whole sum, which was called the 
 acs manuarium. (Gell. xvii. 13; Suet. Octav.1'2.) 
 AES UXO'RIUM. [Marriage.] 
 AESTIMA'TIO LITIS. [.Iudkx.] 
 AESYMNE'TES. ['AISTMNH'THS.] 
 AFFI'NES, AFFI'NITAS, or ADFI'NES, 
 AUFI'NITAS. Aftines are the cognati of 
 husband and wife ; and the relationship called 
 affinitas can only be tlie result of a lawful mar- 
 riage. There are no degrees of affinitas cor- 
 responding to those of cognatio, though there are 
 tenns to express the various kinds of afiinitas. 
 Tlie father of a hiisband is the socer of the hus- 
 band's wife, and the father of a wife is the socer 
 of the wife's husband ; the term socrus expresses 
 the same affinity with respect to the husband's 
 and wife's mothers. A son's wife is nurus or 
 daughter-in-law to the son's parents ; a wife's 
 husband is gener or son-in-law to the wife's 
 parents 
 
 Thus the avus, avia — pater, mater — of the wife 
 become by the marriage respectively the socer 
 magnus, prosocrus, or socrus magna — socer, socrus — 
 of the husband, who becomes with respect to them 
 severally progener and gener. In like manner the 
 corresponding ancestors of the husband respectively 
 assume the same names with respect to the son's 
 wife, who becomes with respect to them pronurus 
 and nurus. The son and daughter of a husband 
 or wife bom of a prior marriage, are called privignus 
 and privigna, with respect to their step-father or 
 step-mother ; and, with respect to such children, 
 the step-father and step-mother are severally called 
 vitricus and noverca. The husband's brother be- 
 comes levir with respect to the wife, and his sister 
 becomes glos (the Greek "yaXtiis), Marriage was 
 unlawfid among persons who had become such 
 attines as above-mentioned. A person who had 
 sustained such a capitis diminutio as to lose both 
 
22 AGER SANCTUS. 
 
 AGMEN. 
 
 his freedom and the civitas, lost also all his affines. 
 (Dig. 38. tit. 10. s. 4.) [G. L.] 
 
 'ArAMI'OT rPA<i>H'. [M.vrrlage.] 
 AGA'SO, a groom, a slave whose business it 
 was to take care of the horses. The word is also 
 used for a driver of beasts of burthen, and is some- 
 times applied to a slave who had to perfonn the 
 lowest menial duties. (Liv. xliii. 5 ; Plin. xxxv. 
 
 1 1 ; Curt, ^•iii. (j ; llor. Senii. II. viii. 72 ; Pers. 
 
 V. 76.) 
 
 'ArA0OEPrOI'. In time of war the kings of 
 Sparta had a body-guard of three hundred of the 
 noblest of the Spartan youths (iVir6(y),of whorathe 
 five eldest retired every year,and were employed for 
 one year, under the name of dyaSoepyoi, in mis- 
 sions to foreign states. (Herod, i. (i7.) It has 
 been maintained by some writers that the 
 dyadoepyol did not attain that rank merely by 
 seniority, but were selected from the IvTrfis by 
 the ephors without reference to age. (Ruhnken, 
 All Timiici Leak: Plat. unier'Ayadoepyoi.y 
 
 'ArE'AH, an assembly of young men in Crete, 
 who lived together from their eighteenth year till 
 the time of their marriage. An dy^Ar] consisted of 
 the sons of the most noble citizens, who were usually 
 under the jurisdiction of the father of the youth who 
 had been tlie means of collecting the dyeAr], It 
 was the duty of this person, called dyeXdrTjs, to 
 superintend the military and g\n«nastic exercises 
 of the youths (who were called ci7eAdaToi), to ac- 
 company tlu-in to the chase, and to punish them 
 when disobedient. He was accountable, however, 
 to the state, wliich supported the dye\at at the 
 public expense. All the members of an dykXi] 
 were obliged to marrj'at the same time. (Ephoiiis, 
 apud Strab. x. 480." 482, 483.) In Sparta the 
 youths entered the dyiXai, usually called $ovai, at 
 the end of their seventh year. 
 
 AGE'jMA {a.yi)fia from dyui), tlie name of a 
 chosen body of troops in the Macedonian anny, 
 which usually consisted of horsemen. The agema 
 seems to have varied in number ; sometimes it 
 consisted of 150 men, at other times of 300, and in 
 later times it contained as many as 1000 or 2000 
 men. (Diod. Sic. xix. 27, 28 ; Liv. xxxvii. 40 ; 
 xlii. 51. ,58 ; Curt. iv. 13.) 
 
 'AFEnPn'OT AI'KH, an action which might 
 be brought in the Athenian courts by a landlord 
 against the fanner who had injured his land 
 by neglect, or an improper mode of cultivation. 
 (Bekker, Anccdot. 336 ; Meier, Att. Process, 
 p. 532.) 
 
 AGER ARCIFI'NIUS. [Agrimensores.] 
 AGER DECUMA'NUS. [Agrariae Leges.] 
 AGER LIMITA'TUS. [Agrimensores.]" 
 AGER PUB'LICUS. [Agrariae Leges.] 
 AGER RELIGIO'SUS. [Agrariae Leges.] 
 AGER SACER. [Agrariae Leges.] 
 AGER SANCTUS (reVews). Tt^xeros origi- 
 nally signified a piece of ground, appropriated for 
 the support of some particular chief or hero. (Hom. 
 //. vi. 194 ; ix. 578 ; xiii. 313.) In the Homeric 
 times, the kings of the Greek states seem to have 
 been principally supported by the produce of these 
 demesnes. The word was afterwards applied to 
 land dedicated to a divinity. In Attica, there ap- 
 pears to have been a considerable quantity of such 
 sacred lands (t€(U61'T)), whicli were let out by the 
 state to faiTU ; and the income arising from them 
 was appropriated to the support of the temples, and 
 the maintenance of public worship. (Xen. Veciit/. 
 
 iv. 19 ; Didymus ap. Hai-pocrat. under 'Airo 
 VliaBoifidToiv : Bockh, Pull. Ecuii. of Alliens, vol. 
 ii. p. 10. transl.) 
 
 According to Dionysius (ii. 7), land was set 
 apart at Kcjnie as early as the time of Romulus, 
 for the support of the temples. The property be- 
 longing to the temples increased considerably in 
 later times, especiiiJly under the emperors. (See 
 Suet. Oct. 31. ; and Tac. Aim. iv. 16.) 
 
 Lands dedicated to the gods were also called 
 Ayri lonsecmti. Houses, also, were consecrated ; 
 as, for instance, Cicero's, by Clodius. By the 
 provisions of the Lex Papiria, no land or houses 
 could be dedicated to the gods without the consent 
 of the plelis. (Cicero, Pro Donio, c. 49, 50.) Tlie 
 time when this law was passed, is uncertain ; but 
 it was probably brought forward about B. c. 305, 
 if Livv (ix. 46) alludes to the same law. 
 
 AGER VECTIGA'LIS. [Agrariae Leges.] 
 'ArHTOPl'A. [KAPNEfA.] 
 AGGER (x<i'M")i from uJ and yero, was used 
 in general for a heap or mound of any kind. It 
 was more particularly applied to a mound, usually 
 composed of earth, which was raised round a be- 
 sieged town, and which was gradually increased in 
 breadth and height, tUl it eciualled or overtopped 
 the walls. (Liv. v. 7.) At the siege of Avarieum, 
 Caesar raised in 25 days an agger 330 feet broad, 
 and 80 feet high. {Beil. Gall. vii. 24.) The agger 
 was sometimes made not only of earth, but of 
 wood, hurdles, &c. ; whence we read of the agger 
 being set on fire. (Liv. xxxvi. 23 ; Caes. DM. Gull. 
 vii. 24 ; Bell. Civ. ii. 14, 15.) The agger was 
 also applied to the earthen wall surrounding a 
 Roman encampment, composed of the earth dug 
 from the ditch (fossa), which was usually 9 feet 
 broad and 7 feet deep ; but if any attack was ap- 
 prehended, the depth was increased to 12 feet, and 
 the breadth to 1.3 feet. Sharp stakes, &c., were 
 usually fixed upon the agger, which was then 
 called vallum. When both words are used (as in 
 Caesar, Bell. Gall. vii. 72, ayger ac vallum), the 
 agger means the mound of earth ; and the vallum, 
 the sharp stakes, &c., which were fixed upon the 
 agger. 
 
 AGITATO'RES. [Cmcu.s.] 
 AGMEN (aymeii proprie didtar, cum cmrcitus 
 iter facit, ah agendo, id est, emido vocatus, Isidor. 
 ix. 3), the marching order of the Roman army. 
 According to Polybius {yi. 40), the Roman armies 
 usually marched in his time in the following man- 
 ner : — " In the van are usually placed the extra- 
 ordinaries (iv'iAfKTot, eatraordinarii) ; and after 
 these, the right wing of the allies, which is fol- 
 lowed by the baggage of both these bodies. Next 
 to these marches the first of the Roman legions, 
 with its baggage also behind it. The second legion 
 follows ; having behind it, likewise, both its own 
 baggage and tlie baggage of the allies, who are in 
 the rear ; for the rear of all the march is closed 
 with the left wing of the allies. The cavalry- 
 marches sometimes in the rear of the respective 
 bodies to which it belongs ; and sometimes on the 
 flanks of the beasts that are loaded with the bag- 
 gage, keeping them together in due order, and co- 
 vering them from insult. When any attiick is ex- 
 pected to be made upon the rear, the extraordi- 
 naries of the allies, instead of leading the van, 
 are posted in the rear ; in all the other parts, 
 the disposition remains the same. Of the two 
 legions, and the two wings of the allies, those that 
 
AGONALIA. 
 
 'ArnNOOE'TAI. 
 
 •23 
 
 are on one day foremost in the march, on the fol- 
 lowing day are placed behind ; that, by thus 
 changing their rank altoniately, all the troops may 
 obtain the same advant;ige in their turn of arriWng 
 first at water and at forage. There is also another 
 disposition which is used when any immediate 
 danger threatens and the march is made through 
 an open country. At such times, the hastati, the 
 principes, and the triarii, are ranged in three pa- 
 rallel Hues, each behind the other, with the bag- 
 gage of the hastati in the front. Behind the 
 hastati is placed the baggage of the principes, who 
 are followed likewise by that of the triarii ; so that 
 the baggage and the several bodies are mingled in 
 alternate order. The march being thus disposed, 
 the troops, as soon as any attack is made, turning 
 either to the left or to the riglit, advance forwards 
 from the baggage towards that side upon which the 
 enemy appears ; and thus, in a moment of time 
 and by one single movement, the whole amy is 
 fonned at once in order of battle, except only that 
 the hastati are perhaps obhged to make an evolu- 
 tion ; and the beasts of burthen, also, with all those 
 that attend upon the b;iggage, being now thrown 
 into the rear of all the troops, are covered by them 
 from danger." (Hampton's translation.) An ac- 
 count of the marching order of a Roman army is 
 also given b}' Caesar {Bell. Gall. ii. 17. 19), Jose- 
 phus {Bell. Jud. iii. 6. § 2), and Vegetius (iii. 6). 
 
 The form of the army on march differed, how- 
 ever, according to circumstances, and the nature of 
 the ground. An aijmen pilatum was an army in 
 close array, quod st7ie jumentis iiicedit, sed inter se 
 densum est, quo facilius per initjuiora loca transmit- 
 tatur. (Serv. in Virq. Aen. xii. 121 ; comp. Virg. 
 Aen. ii. 450, v. 333.) The afjmen quadratiim was 
 the army arranged in the form of a square with the 
 bagg-age in the middle. (Liv. xxxi. 37 ; xxxix. 30 ; 
 Hirt. Gall. viii. 8 ; TibuU. iv. 1. 101 ; Tac. 
 Ann. i. 51.) 
 
 The foiTu of the Grecian army on march in the 
 time of Xenophon is described in the Anabasis 
 (vii. 3. § 37, 38). It appears that, during a march 
 in the day time, either the cavalry or the heavy- 
 armed, or the targeteers, marched in the van, ac- 
 cording to the nature of the ground ; but that in 
 the night time, the slowest troops always marched 
 first ; by which plan the army was less likely to 
 be separated, and the soldiers had fewer opportuni- 
 ties of leaving the ranks without discover}'. 
 
 AGNA'TI. [CoGNATi.] 
 
 AGNO'MEN. [CoGXOMEN.] 
 
 AGONA'LIA, AGO'NIA (0\-id. Fant.v. 721), 
 or AGO'NIUM (Fest. s. v.), a Roman festival, in- 
 stituted by Numa Pompilius, in honour of Janus 
 (Macrob. Saturn, i. 4), and celebrated on the 9th 
 of January, the 20th of May, and the 10th of De- 
 cember. The morning of these festivals, or at least 
 the morning of the 10th of December, was con- 
 sidered a dies nefastus. The etjTUology of this 
 name was differently explained by the ancients ; 
 some derived it from Agonius, a surname of Janus ; 
 some from the word agone, because the attendant, 
 whose duty it was to sacrifice the victim, could not 
 do so till he had asked the rex sacrificulus, ^^rowe? 
 and others from agonia, because the victims were 
 fonneriy called by that name. (Ovid. Fast. i. 319 — 
 332 ; Fest. s. v.) The Circus Agonalis, built by 
 the Emperor Alexander, is supposed by some 
 writers to have been erected on the spot where the 
 victims were sacrificed during the agonalia. 
 
 Arn"NE2 cSti/uijtoJ Koi rtfiTirot. All causes in 
 the Athenian courts were distinguished into two 
 classes ; — dyaves dri/iTjTo/, swpV.v not to lie assessed. 
 in which the fine, or other penalty, was determined 
 by the laws ; and dyuves Ti/xrjTot, suits to Im as- 
 sessed, in which the penalty had to be fixed by the 
 judges. When the judges had given their votes in 
 favour of the plaintiff, they next had to determine, 
 provided that the suit was an dydiv ti^tjto's, what 
 fine or punishment was to be inilicted on the de- 
 fendant {TraSeiv -q dTroT7iTai, Plat. Apnl. Sucr. 
 c. 25 ; Demosth. in Mid. p. 523). The plaintiff 
 generally mentioned in the pleadings the punish- 
 ment which he considered the defendant deserved 
 {Tifia(T6at) ; and the defendant was allowed to 
 make a counter-assessment (dfTiTi/xairSai, or utto- 
 TifiarrBai), and to argue before the judges, why the 
 assessment of the plaintiff ought to be changed or 
 mitigated. (Phit. Apol. Socr. c. 25.) In certain 
 causes, which were determined by the laws, any of 
 the judges was allowed to propose an additional 
 assessment [irgo(TTtfj.rtiJ.a) ; the amount of which, 
 however, appears to have been usually fixed by the 
 laws. Thus, in certain cases of theft, the addi- 
 tional penalty was fixed at five days' and nights' 
 imprisonment. (Demosth. in Tiinoer. ]). 733, quotes 
 the law: — AeS^adai 5' ev t)j iroSoKaicr] toc wSSa 
 irevd' rifiipas kcu vvktus tcrai, 4dv irpoarifirirTri ?{ 
 r)\ia(a, TrpoarinaaBai 5e tou ^ov\6fxevov, oTav 
 nepl Tou Tifi'^fiaToi fj.)* 
 
 According to some writers, the penalty was fixed 
 in all private causes by the laws, with the excep- 
 tion of the aiKias Sikt) (Harpocrat. s. v. ; Ulpian 
 in Demosth. Afid. p. 523) ; and if not absolutely, 
 it was fixed in proportion to the injury, whicli 
 the defendant had received. Thus, in the action 
 for injury (;8\ag7)s Si'ktj), if the injury had beeh 
 done unintentionally, the single, and if intentionally, 
 the double assessment was to be made. (Demostli. 
 in Mid. p. 528.) But, on the other hand, all 
 penalties, which had not the character of compen- 
 sation, were fixed absolutely ; as, for instance, in 
 case of libellous words (KaKriyopla), at 500 
 drachmas (Isocr. in Loch. p. 398) ; and in the 
 action for non-appearance of a witness (\6i7ro^ap- 
 Tvpiov 5iKj)), at 1000 drachmas (Harpocrat. sub. 
 KATjT^pes). (Biickh, Public Econ. ii. p. 97. 100 ; 
 Meier, Att. Process, p. 180. 725.) 
 
 "ArnNOQE'TAI were persons, in the Grecian 
 games, who decided disputes and adjudged the 
 prizes to the victors. Originally, the person who 
 instituted the contest and offered the prize was 
 the dyut>o64T7i^, and this continued to be the 
 practice in those games which were instituted by 
 kings or private persons. But in the great public 
 games, such as the Isthmian, Pythian, &c., the 
 dyavoBeTai were either the representatives of 
 different states, as the Araphictyons at the Pythian 
 games, or were chosen from the people in whose 
 country the games were celebrated. During the 
 
 * In this passage we perceive the difference be- 
 tween the active ■n-poariiJ.dv, which is used of the 
 assessment of the heliaea (the court), and the 
 middle Trpo<rTifiacr6ai, which means the assessment 
 proposed by one of the judges. In the same man- 
 ner Tifidv is used of the assessment made by the 
 court, and TiixdcrBat of that proposed by the plaintiff. 
 (Demosth. in Mi/I. p. 529 ; in Tiniocr. p. 720 ; in 
 Arlitogit. i. p. 794 ; in Tlicocr. 1332. 1343 ; in 
 Neaer. 1347.) 
 
24 
 
 AGORANOMI. 
 
 'ArPA'4>OT META'AAOT TPA'J'H'. 
 
 flourishing times of tlie Grecian republics, the 
 Eleans were the dywvoBeTai in the Olympic games, 
 the Corinthians in the Isthmian games, the Am- 
 phictyons in the Pythian games, and the Corin- 
 thians, Argives, and inhabitants of Cleonae in the 
 Nemaean games. The dycovodtTai were also called 
 alcrvfxvrirai, dywvdpxai, dyuivoZiKat , d6\o6erai, 
 paSSuvxoi or j>a§5ov6iJiot (from the statf they 
 carriid as an emblem of authority), /SpaSeis, 
 
 'ArOPA* properly means an assembly of any 
 nature, and is usually employed by Homer for the 
 general assembly of the people. Tlie dyogd seems 
 to have been considered an essential part in the 
 constitution of the early Grei ian states, since the 
 barbarity and imcivilised conditicni of the Cyclops 
 is characterised by their wanting such an assem- 
 bly'. {Oi/. ix. 112.) The 070^^, tliough usually 
 conv(jked by the king, as, for instance, by Tele- 
 machus in the absence of his father {Od. ii. 5 — 8), 
 appears to have been also summoned at times by 
 some distinguished chieftan, as, for example, by 
 Achilles before Troy. (11. i. 54.) The king oc- 
 cupied the most important seat in these assemblies, 
 and near him sat the nobles, while the people stood 
 or sat in a circle around them. The power and 
 rights of the people in these assemblies have been 
 the subject of much dispute. Platner, Tittmann, 
 and more recently Nitzsch in his commentary on 
 the Odyssey, maintain that the people was allowed 
 to speak and vote ; while lleeren (Folif. Ant. 
 § 5ti), and MUller {Duriuiis, ii. 6'), think " that 
 the nobles were the only persons who proposed 
 measures, deliberated, and voted, and that the 
 people was onlj' present to hear the debate, and to 
 ex])ress its feeling as a bodj' ; which expressions 
 might then be noticed by a prince of a mild dis- 
 pcisitiiin." The latter view of the question is con- 
 firmed by the fact, that in no passage in the 
 Odyssey is any of the people represented as taking 
 part in the discussion ; while, in the Iliad, Ulysses 
 inflicts personal chastisement upon Thersites, for 
 presuming to attack the nobles in the dynpd. (11. 
 ii. 211 — 277.) The people appear to have been 
 only called together to hear what had been already 
 agreed upon in the council of the nobles, which 
 is called ;8ouAr} (//. ii. 53 ; vi. 113; ytpovres 
 /3ou\6oTai), and ^icuKos (Od. ii. 26), and some- 
 times even dyopd (II. ix. 11. 33 ; Od. ix. 112 ; 
 dyopaX ^ov\ri<p6poL). 
 
 Among the Athenians, the proper name for the 
 assembly of the people was eKKKrjuia, and among 
 the Dorians d\ia. The terra dyopd was confined 
 at Athens to the assemblies of the phylae and 
 demi. (Aesch. c. Ctcs. c. 12. p. 376 ; Schumann, 
 De Coniitiis A/lwn. p. 27 ; Biickh, Corp. Inscrip. 
 i. p. 135.) In Crete the original name dyopd con- 
 tinued to be applied to the popular assembKes till 
 a late period. ( Bekker, ^1 «m/(A i. p. 210.) 
 
 The name dyopd was early transferred from the 
 assembly itself to the place in which the assembly 
 was held ; and thus it came to be used for the 
 market-place, where goods of all descriptions were 
 bought and sold. The expression dyopd ■wKi/idovaa., 
 " full market," was used to signify the time from 
 moniing to noon, that is, from about nine to twelve 
 o'clock. 
 
 AGORAN'OMI (dyopav6/j.oi) were public 
 functionaries in most of the Grecian states, whose 
 duties corresponded in many respects to those of 
 the Roman aediles. At Athens their number was 
 
 ten, five for the city and five for the Piraeus, and 
 not twenty, as Meier erronecnisly states, misled by 
 a false reading in Uarpocration. They were 
 chosen by lot. (Demosth. c. Tinnier, c. 2!). p. 735 ; 
 Aristoph. Aviuini. 689.) Under the lloman em- 
 pire, the agoranomi were called Koyicrrai. (SlIujUusI 
 on Aristojih. Avlmrn. ()58, dyopavS/xovs, ovs vvv 
 Koyiffrds KaXovfMev : Miiller, An/inr.fira, ]>. 138.) 
 They correspimdcd in the provinces to the curatorcs 
 eiviUitis or ri 'iiHihllnic. (Cod. i. tit. 54. s. 3.) 
 
 The principal duty of the agoranomi was, as 
 their name imports, to inspect the market, and to 
 see that all the laws respecting its regulation were 
 properly observed. They had the inspection of all 
 things which were sold in the market, with the 
 exception of corn, which was subject to the jurisdic- 
 tion of the (inotpvXaKis. (Lysias, Kara Tiiv'S.iToir, 
 c. 6. p. 722.) They regulated the price and quan- 
 tity of all things which were brought into the 
 market, and punished all persons convicted of 
 cheating, especially by false weights and measures. 
 They had in general the power of punishing all 
 infraction of the laws and regulations relating to 
 the market, liy inflicting a fine upon the citizens, 
 and personal chastisement upon foreigners and 
 slaves, for which purpose they usually carried a 
 whip. (Scltol. on Ariitojik. Achurn. 688.) They 
 had the care of all the temples and fountains in 
 the market-place (Plato, Lf(ij. vi. 10), and rc;- 
 ceived the tax (^eviKov rt\os) which foreigners 
 and aliens were obliged to pay for the privilege of 
 exposing their goods for sale in the market. The 
 public prostitutes were also subject to their regu- 
 lations. (Justin, xxi. 5 ; Meier, Ati. Process, p. 
 89—92 ; Petitus, Li'<i. Att. v. rit. 3. s. 2. p. 495.) 
 
 AGRA'NIA (dypavia),a. festival celebrated at 
 Argos, in memory of one of the daughters of 
 Proetus, who had been afflicted with madness. 
 
 'ArPA*I'OT rPA*H'. The names of all per- 
 sons at Athens who owed any sum of money to 
 the state (01 toS Sr)jUO(ric<^ dtpiiXovres) were regis- 
 tered by the practores (7rf)aicTop€s), upon tablets 
 kept for that purpose in the temple of Athena, on 
 the Acropolis (Demosth. in Aristoi/. i. c. 15, p. 
 791 ; Hai-pocr. and Suidas, under WeuSiyypa^ii'i) ; 
 and lience the expression of being registered on tlie 
 Acropolis (tyy^ypajxiihos iv 'AKpoiri\fi) always 
 means being indebted to the state. (Demosth. ia 
 T/u'ocr. c. 13. p. 1337.) If the name of an in- 
 dividual was improperly erased, he was subject to 
 the action for non-registration (dypacpiov ypacp-rj), 
 which was under the jurisdiction of the thesmo- 
 thetae ; but if an individual was not registered, he 
 could only be proceeded against by evSei^u, and 
 was not liable to the dypacpiov ypatprj. (Demosth. 
 in. T/isocr. c. 13. p. 1338.) Hesychius, whose 
 account has been followed by Hemsterhuys and 
 Wesseling, appears to have been mistaken in say- 
 ing that the dypacpiov ypacprj could be instituted 
 against debtors, who had not been registered. 
 (Meier, At/. Process, p. 353, 354 ; Biickh, PuU. 
 Ecdii. of Atlwns, ii. p. 118 — 122. transl.) 
 
 "AFPA^OI NO'MOI. [NO'MOI.] 
 
 'ArPA'<I>OT META'AAOT rPA<i>H' was an ac- 
 tion brought before the thesmothetae at Athens, 
 against an individual, who worked a mine without 
 having previously registered it. The state re- 
 quired that all mines should be registered, because 
 the twenty-fourth part of their produce was payable 
 to the public treasury. (Bclckh, Pubt. Ecou. of 
 At/ums, ii. p. 478 ; Meier, Alt, Process, p. 354.) 
 
AGRARIAE LEGES. 
 
 AGRARIAE LEGES. 
 
 25 
 
 AGRA'RIAE LEGES. " It is not exactly 
 troe that the agrarian hiw of Cassiiis was the 
 earliest that was so called : every law by which the 
 commonwealth disposed of its ])ublic land, bore 
 that name ; as, for instance, that by whicii the 
 domain of the kings was parcelled out among the 
 commonidty, and those by which colonics were 
 planted. Even in the narrower sense of a law 
 whereby the state exercised its ownership in re- 
 moving the old possessors from a part of its 
 domain, and making over its right of property 
 therein, such a law existed among those of Servius 
 Tullius." (Nieb. Jimn. IlL^f. \oU\. p. 129. transl.) 
 
 The history of the cn;ictments called agrarian 
 laws, either in the larger and more correct sense, 
 or in the narrower sense of the term, as explained 
 in this extract, would be out of place here. The 
 particular objects of each agrarian law must be 
 ascertained from its provisions. But all these 
 numerous enactments had reference to the public 
 land ; and a great majority of them were passed 
 for the purpose of settling Roman colonies in con- 
 quered districts, and assigning to the veteran 
 soldiers, who formed a large part of such colonists, 
 their shares in such lands. The true meaning of 
 all or any of these enactments can only be under- 
 stood when we have fomed a correct notion of 
 propert}' in land, as recognised by Roman law. It 
 is not necessary, in order to obtain this correct 
 notion, to ascend to the origin of the Roman state, 
 though if a complete history of Rome could be 
 written, our conception of the real character of 
 property in land, as recognised by Roman law, 
 would be more enlai'ged and more precise. But 
 the system of Roman law, as it existed under the 
 emperors, contained both the terms and the notions 
 which belonged to those early ages, of which they 
 are the most faithful historical monuments. In an 
 inquiry of the present kind, we may begin at any 
 point in the historical series which is definite, and 
 we may ascend from known and intelligible no- 
 tions which belong to a later age, towards their 
 historical origin, though we may never be able to 
 reach it. 
 
 Gains (ii. 2, &c.), who probably wrote under the 
 Antonines, made two chief divisions of Roman land ; 
 that which was dirini Juris, and that which was 
 hitmuni juris. Land which was divini juris was 
 eithers((«;c or reliffiosus. ( Compare Frontinus,/)c/i;c 
 Affraria .xiii.) Land whicli was sacer was con- 
 secrated to the Dii Superi ; land which was re- 
 ligiosus belonged to tlie Dii Manes. Land was 
 made sacer by a lex or senatus consultum ; and, as 
 the context shows, such land was land which be- 
 longed to the state {pojmhis Homaiius). An in- 
 dividual could make a portion of his own land re- 
 ligiosus by the intennent in it of one of his family : 
 but it was the better opinion that land in the 
 provinces could not thus be made religiosus ; and 
 the reason given is this, that the ownership or 
 property in provincial lands is either in the state 
 {p(ij>. Rom.) or in the Caesar, and that individuals 
 had only the possession and enjo3^nient of it (/)os- 
 scssio et usus frudus). Provincial lands were either 
 stipetidiaria or irihutaria : the stipendjaria were in 
 those provinces which were considered to belong to 
 the Roman state ; the tribntaria were in those 
 provinces which were considered as the property of 
 the Caesar. Land which was humani juris, was 
 divided into public and private : the former be- 
 longed to the state ; the latter, to individuals. 
 
 It would seem to follow from the legal form ob- 
 served in making land sacer, that it thereby ceased 
 to be publicus ; for if it still continued publicus, it 
 liad not changed its essential ([uality. Nielnilir 
 {Ajipcndi)' I. vol. ii.) has stated that " all Roman 
 land was either the property of tiu; state (common 
 land, domain), or private property, — ant piMicits 
 aut privatus and he adds that " tlie landed 
 property of the state was either consecrated to the 
 gods {sacer), or allotted to men to reap its fniits 
 {prn/a?:HS,huma>ii juris)." Niebuhr then refers to the 
 view of Gains, who makes the latter the primary 
 division ; but he relies on the authority of Fron- 
 tinus, supported by Livy (viii. 14), as evidence of 
 the correctness of his own division. * 
 
 Though the origin of that kind of property 
 called public land must be referred to the earliest 
 ages of the Roman state, it appears from Gains that 
 under the emperors there was still laud within the 
 limits of the empire, the ownership of which was 
 not in the individuals who ^wssessei/ and enjoyed it, 
 but in the populus Romanus, or the Caesar. This 
 possessio7i and enjoyment are distinguished by him 
 from ownership (dominium). The term possessio 
 frequently occurs in those jurists from whom the 
 Digest was compiled ; but in these writers, as they 
 are known to us, it applies only to private land, 
 and the ager publicus is hardly, if at all, ever 
 noticed by them. Now this tenn Possessio, as used 
 in the Digest, means the occupation o{ private land 
 by one who has no kind of rigiit to it ; and this 
 possessio was protected by the praetor's interdict, 
 even when it was without hona Julen or justa 
 causa : but the tenn Possessio in the Roman 
 historians, Livy for instance, signifies the occupa- 
 tion and enjoyment of public land ; and the true 
 notion of this, the original possessio, contains the 
 whole solution of the question of the agrarian 
 laws. For this solution we are maiidy indebted 
 to Niebuhr and Savigny. 
 
 This latter kind of possessio, that which has 
 private land for its object, is demonstrated by 
 Savigny (the tenn here used can hardly be said 
 to be too strong) to have arisen from the first 
 kind of possessio : and thus it might readily be 
 supposed that the Roman doctrine of possessio, as 
 applied to the occupation of private land, would 
 throw some light on the nature of that original 
 possessio out of which it grew. In the imperial 
 period, public land had almost ceased to exist in 
 the Italian peninsula, but the subject of possession 
 in private lands had become a well understood 
 branch of Roman law. The remarks in the three 
 following paragraphs are from Savigiiy's valuable 
 work. Das liccht dcs Bcsifzes (5th ed. p. 17'J) : — 
 
 1. There were two kinds of land in the Roman 
 state, affcr publicus and ayer priralus : in the 
 latter alone private property existed. But con- 
 
 * It is obvious, on comparing two passages in 
 Frontinus (De lie Atp-aria xi. xiii.), that Niebuhr 
 has mistaken the meaning of the writer, who 
 clearly intends it to be inferred that the sacred land 
 was not public land. Besides, if the meaning of 
 Frontinus was what Niebuhr has sujiposed it to be, 
 his authority is not equal to that of Gains on a 
 matter which specially belongs to the province of 
 the jurist, and is foreign to that of the agrimensor. 
 The passage of Livy also certainly docs not prove 
 Niebuhr's assertion. The form of dedition in Livy 
 (i. 30) may easily be explained. 
 
26 AGRARIAE LEGES. 
 
 AGRARIAE LEGES. 
 
 fonnably to the old constitution, the greater part 
 of the ager puljlicus was given over to individual 
 citizens to occupy and enjoy ; yet the state had 
 the right of resuming the possession at pleasure. 
 Now we find no mention of any legal form for the 
 protection of the occupier, or Possessor as he was 
 called, of such public land against any other indi- 
 vidual, though it cannot be doubted that such a 
 form actually existed. But if we assume that the 
 interdict which protected the possession of an in- 
 dividual in private land, was the form which pro- 
 tected the possessor of the public land, two 
 problems are solved at the same time, — an historical 
 origin is discovered for possession in private land, 
 and a legal form for the protection of possession 
 in public land. 
 
 An hypothesis, which so clearly connects into 
 one consistent whole, facts otherwise incapable of 
 such connection, must be considered rather as 
 evolving a latent fact, by placing other known 
 facts in their true relative position, than as involv- 
 ing any independent assmnption. But there is 
 historical evidence in support of the hj'po- 
 thesis. 
 
 2. The words possessio, possessor, and jiossiilcre 
 are the technical terms used by writers of very 
 different ages, to express the occupation and the 
 enjo^Tiient of the public lands ; that is, the notion 
 of a right to occupy and enjoy public land was in 
 the early ages of the republic distinguished from 
 the right of property in it. Nothing was so 
 natural as to apply this notion, when once fixed, 
 to the possession of private land as distinct from 
 the ownership ; and accordingly the same techni- 
 cal tenns were applied to the possession of private 
 land. Various applications of the word possessio, 
 with reference to private land, appear in the 
 Roman law, in the bononim possessio of the 
 praetorian heres and others. But all the uses of 
 the word possessio, as applied to ager privatus, 
 however they may differ in other respects, agreed 
 in this : — they denoted an actual exclusive right to 
 the enjoj^ent of a thing, without the strict Ro- 
 man (Quiritarian) ownership. 
 
 3. The word possessio, which originally signified 
 the right of the possessor, was in time used to 
 signify the object of the right. Thus ager 
 signified a piece of land, viewed as an object of 
 Quiritarian ownership ; possessio, a piece of land, 
 in which a man had only a bonitarian or beneficial 
 interest, as, for instance, Italic land not transferred 
 by mancipatio, or land which from its nature could 
 not be the subject of Quiritarian ownership, as 
 provincial lands and the old ager publicus. Pos- 
 sessio .accordingly implies itsus ; ager implies pro- 
 prietas or ownership. This explanation of the 
 terms ager and possessio is from a jurist of the 
 imperial times, quoted by Savigny (Javolenus, 
 Dig. 50. tit. 16. s. 115) ; but its value for the 
 purpose of the present inquiry is not on that ac- 
 count the less. The ager publicus, and all the old 
 notions attached to it, as already observed, hardlj' 
 occur in the extant Roman jurists ; but the name 
 possessio, as applied to private land, and the legal 
 notions attached to it, are of frequent occurrence. 
 The fonn of the interdict, — iiti possidetis, — as it 
 appears in the Digest, is this: — Uti eas acdes .,.^os- 
 sidetis...vim fieri veto. But the original form of 
 the interdict was : Uti nunc possidetis eumfundum, 
 &c. (Fcstus in Possessio) ; the word fundus, for 
 which aedes was afterwards substituted, appears to 
 
 indicate an original connection between the inter- 
 dict and the ager pubheus. 
 
 We know nothing of the origin of the Roman 
 public land, except that it was acquired by con- 
 quest, and when so acquired it belonged to the 
 state, that is, to the populus, as the name publicus 
 (populicus) imports. We may suppose that in the 
 early periods of the Roman state, the conquered 
 lands being the property of the populus, might be 
 enjoyed by the members of that Ijody, in any way 
 that the body might determine. But it is not quite 
 clear how these conquered lands were originally oc- 
 cupied. The following passage from Appian (Civil 
 Wars, i. 7) appears to give a probable account of 
 the matter, and one which is not inconsistent with 
 such facts as are otherwise known : — " The Ro- 
 mans," he says, " when they conquered any part 
 of Italy, seized a portion of the lands, and either 
 built cities in them, or sent Roman colonists to 
 settle in the cities which already existed. Such 
 cities were considered as garrison places. As to 
 the land thus acquired from time to time, they 
 either divided the cultivated part among the 
 colonists, or sold it, or let it to farm. As to the 
 land which had fallen out of cultivation in conse- 
 quence of war, and which, indeed, was the larger 
 part, having no time to allot it, they gave public 
 notice that any one who chose might in the mean- 
 time cultivate this land, on payment of part of the 
 yearly produce, namely, a tenth of the produce of 
 arable land, and a fifth of the produce of olive- 
 yards and vineyards. A rate was also fixed to be 
 paid by those who pastured cattle on this undivided 
 land, both for the larger and smaller animals. 
 The rich occupied the greater part of this undi- 
 vided land, and at length, feeling confident that 
 they should never be deprived of it, and getting 
 hold of such portions as bordered on their shares, 
 and also of the smaller portions in the possession 
 of the poor, some by purchase and others by force, 
 they became the cultivators of extensive districts 
 instead of mere fanns. And in order that their 
 cultivators and shepherds might be free from 
 military service, they emploj^ed slaves instead of 
 freemen ; and they derived great profit from their 
 rapid increase, which was favoured by the im- 
 munity of the slaves from military service. In this 
 way the great became very rich, and slaves were 
 numerous all through the country. But this system 
 reduced the numbers of the Italians, who were 
 ground down by poverty, taxes, and military ser- 
 vice ; and whenever they had a respite from these 
 evils, they had nothing to do, the land being oc- 
 cupied by the rich, who also employed slaves in- 
 stead of freemen." This passage, though it ap- 
 pears to contain much historical truth, leaves the 
 difficulty as to the original mode of occupation un- 
 settled ; for we can scarcely suppose that there were 
 not some rules prescribed as to the occupation of this 
 undivided land more precise than such a permis- 
 sion or invitation for a general scramble. It must, 
 indeed, have happened occasionally, particularly in 
 the later times of . the republic, that public land 
 was occupied, or squatted, on (to use a North 
 American phrase), by soldiers or other ad- 
 venturers.* 
 
 * It is stated in the American Almanac for 
 1839, that though the new territory of Iowa eon- 
 tains above 20,000 inhabitants, " none of the land 
 has been purchased, the people being all what are 
 
AGRARIAE LEGES. 
 
 AGRARIAE LEGES. 27 
 
 But whatever was the mode in which these 
 lands were occupied, the possessor, when once in 
 possession, was, as we have seen, protected by tlie 
 praetor's interdict. The patron who permitted his 
 client to occupy any part of his possessions as 
 tenant at will (pntcarin), could eject him at 
 pleasure by the iiitcnlktmii de precario ; for the 
 client did not obtain a possession by such permis- 
 sion of his patron. The patron would, of course, 
 have the same remedy against a trespasser. But 
 any indiridual, however humble, who had a pos- 
 
 || session was also protected in it against tlie aggres- 
 sion of the rich ; and it was " one of the grievances 
 bitterly complained of by the Gracchi, and all the 
 patriots of their age, that while a soldier was serv- 
 ing against the enemy, his powerful neighbour, who 
 
 I coveted his smallestate,ejected his wife and children." 
 
 ! (Nii'b.) The state could not only grant the occu- 
 pation or possession of its public land, but coidd 
 sell it, and thus convert pubUc into private land. 
 A remarkable passage in Orosius (Savigny, p. 176, 
 note), shows that public lands, which had been 
 given to certain religious corporations to possess, 
 were sold in order to raise money for the exigencies 
 of the state. The sc//i/iy of that land which was 
 prisspssed, and the circumstance of the possession 
 having been a </nint or public act, are both con- 
 tained in this passage. 
 
 The public lands which were occupied by pos- 
 sessors, were sometimes called, with reference to 
 such possession, occupaiorii ; and, witli respect to 
 the state, cmicessi. Public land which became 
 private by sale was called (jurtesiiiriiis ; that which is 
 often spoken of as assigned {assiytiatus), was marked 
 out and divided {lim'dalits) among all the plebeians 
 in equal lots, and given to tliem in absolute owner- 
 ship, or it was assigned to the persons who were sent 
 out as a colony. Whether the land so granted to 
 the colony shoidd become Roman or not, depended 
 on the nature of the colony. The name ager 
 pnblicus was given to public lands which were ac- 
 quired even after the plebs had become one of 
 the estates in the Roman constitution, though the 
 name pnblicus, in its original sense, could no longer 
 be strictly applicable to such public lands. It 
 should be observed, that after the establishment of 
 the plebs, the possession of public land was the 
 peculiar privilege of the patricians, as before the 
 establishment of the plebs it seems to have been 
 the only way in which public lands were enjoyed 
 by the populus : the assignment, that is the grant 
 by the state of the ownership of public land in 
 fi.xed shares, was the pri\-ilege of the plebs. In 
 the early ages, when the populus was the state, it 
 does not appear that there was any assignment of 
 public lands among them, though it may be 
 assumed that public lands would occasionally be 
 sold ; the mode of enjoj-ment of pubhc land was 
 that of possessio, subject, as already obser\-ed, to 
 an annual payment to the state. It may be con- 
 termed squatters." The land alluded to is all 
 public land. The squatter often makes consider- 
 able improvements on the land which he has oc- 
 cupied, and even sells his interest in it, before any 
 purchase is made of the land. The privilege of 
 pre-emption which is allowed to the squatter, or 
 to the person who has purchased his interest, is 
 the only security which either the squatter or the 
 person who purchases from him, has for the im- 
 provements made on the land. 
 
 jectured that this ancient possessio, which we can- 
 not consider as having its origin in anything else 
 than tlie consent of the state, was a good title to 
 the use of the land so long as the annual payments 
 were made. At any rate, the plebs had no claim 
 upon such ancient possessions. But with the in- 
 troduction of the plebs as a separate estate, and the 
 constant acquisition of new lands by conquest, it 
 would seem that the plebs had as good a title to a 
 share of the newly conquered lands, as the patri- 
 cians to the exclusive enjoyment of those lands 
 which had been acquired by conquest before the 
 plebs had become an estate. The determination of 
 what part of newly conquered lands (arable and 
 Wneyards) should remain puljlic, and what part 
 should be assigned to the plebs, wliich, Niebuhr 
 says, "■ it need scarcely be observed was done after 
 the completion of every conquest," ought to have 
 been an effectual way of settling all disputes be- 
 tween the patricians and plebs as to the posses- 
 sions of the former ; for such an appropriation, if 
 it were actually made, could have no other mean- 
 ing than that the patricians were to have as good 
 title to possess their share as the plebs to the 
 ownership of their assigned portions. The plebs 
 at least could never fairly claim an assignment of 
 pubhc land, appropiiated to remain such, at the 
 time when they received the share of the conquered 
 lands to which they were intitled. But the fact 
 is, that we have no evidence at all as to such 
 division between lands appropriated to remain 
 public and lands assigned in owniership, as Niebuhr 
 assumes. All that we know is, that the patricians 
 possessed large tracts of public land, and that the 
 plebs from time to time claimed and enforced a 
 division of part of them. In such a condition of 
 affairs, many difficult questions might arise ; and 
 it is quite as possible to conceive that the claims of 
 the plebs, might in some cases, be as unjust and ill 
 founded, as the conduct of the patricians was alleged 
 to be rapacious in extending their possessions. It is 
 also easy to conceive that in the course of time, 
 owing to sales of possessions, family settlements, 
 and other causes, boundaries had often become so 
 confused that the equitable adjustment of rights 
 under an agraiian law was impossible ; and this is 
 a difficulty which Appian (i. 10. 18) particularly 
 mentions. 
 
 Pasture lands, it appears, were not the subject 
 of assignment, and were probably possessed by the 
 patricians and the plebs indifferently. 
 
 Tiie property of the Roman people consisted of 
 many things besides land. The conquest of a 
 territory, unless special terms were granted to the 
 conquered, seems to have implied the acquisition 
 by the Roman state of the conquered territory and 
 all that it contained. Thus not only would" land 
 be acquired, which was available for com, vine- 
 yards, and pastm-e ; but mines, roads, rivers, har- 
 bours, and, as a consequence, tolls and duties. If 
 a Roman colony was sent out to occupy a con- 
 quered territory or town, a part of the conquered 
 lands was assigned to the colonists in complete 
 ownership. [Colonia.] The remainder, it ap- 
 pears, was left or restored to the inhabitants. Not 
 that we are to understand that thej' had the pro- 
 perty in the land as they had before ; but it appears 
 that they were subject to a tax, the produce of 
 which belonged to the Roman people. Niebuhr 
 seems to suppose, that the Roman state might at 
 any time resume such restored lands ; and, no 
 
28 
 
 AGRARIAE LEGES. 
 
 AGRARIAE LEGES. 
 
 doubt, the right of resumption w.as involved in the 
 tenure by which these hinds were held ; but it 
 may be doubted if the resumption of such lands 
 was ever resorted to except in I'xtraordinary cases, 
 and except as to conqucri'd lands which were the 
 public lands of the contiuered state. Private per- 
 sons, who were pennittcd to retain their lands 
 subject to the payment of a tax, were not the 
 possessors to whom the agi-arian laws applied. In 
 many cases large tracts of land were absolutely 
 seized, their owners having perished in battle or 
 been driven away, and extensive districts, either 
 not cidtivated at all or very imperfectly cultivated, 
 became the ])roperty of the state. Such lands 
 as were unoccu]jied could become the subject of 
 possessio ; and the possessor would, in all cases, 
 and in whatever manner he obtainc^d the land, be 
 liable to a payment to the state, as above 
 mentioned in the extract from Appian. This 
 possessio was a real interest, for it was the sub- 
 ject of sale : it was the use («.s»s) of the land ; 
 but it was not the ager or property. The possessio 
 strictly could not pass by the testament of the 
 possessor, at least not by the mancipatio. (Gains, 
 ii. 102.) It is not easy, therefore, to imagine any 
 mode by which the possession of the heres was 
 protected, unless there was a legal fonn, such as 
 Savigny has assumed to exist for the general pro- 
 tection of possessiones in the public lands. 
 
 The possessor of public land never acquired the 
 ownership by virtue of his possession ; it was not 
 subject to usucaiiion. The ownership of the 
 land which belonged to the state, could only be ac- 
 quired by the grant of the ownership, or by pur- 
 chase from the state. The state coidd at any 
 time, according to strict right, sell that land which 
 was oidy possessed, or a^■^ign it to another than 
 the possessor. The possession was, in fact, with 
 respect to the state, a precarium ; and we may 
 suppose that the lands so held would at first re- 
 ceive few ponnanent improvements. In course of 
 time, and ]iaiticuiarly when the possessors had 
 been luiilisturlii il for many years, possession would 
 ajjpear, ill an o(|iiit.iljlo ]ioint of view, to have be- 
 C(ane i i|uival(iit to ou iicrship ; and the hardship of 
 removing the possessors by an agrarian law would 
 appear the greater, after the state had long ac- 
 quiesced in their use and occupation of the public 
 land. 
 
 In order to form a correct judgmeiit of some of 
 those euactini'Uts wliich are most li'cc|U('iitly cited 
 as agraiian laws, it uuist be borne in mind that 
 the ])ossossors of |iublic lands owed a yearly tenth, 
 or fifth, as the case might be, to the .state. In- 
 di-ed it is clear, from several passages (Liv. xxxi. 
 13), that, under the republic at least, the n ceipt 
 of anything by the state from the occupier of 
 land, was a legal proof that the land was pub- 
 lic ; and conversely, public land always owed 
 this annual payment. These annual pajTnents 
 were, it seems, often withheld by the possessors, 
 and thus the state was deprived of a fund for the 
 expenses of war. 
 
 The object of the agrarian law of Sp. Cassius is 
 supposed by Niebuhr to have been " that the 
 portion of the populus in the public lands should 
 be set apart, that the rest should be divided among 
 the plebeians, that the tithe should again be levied 
 and applied to paying the amay.'" The agrarian 
 law of Licinius Stole limited each individuars 
 possession of public land to 500 jugera, and im- 
 
 posed some other restrictions ; but the possessor 
 had no better title to the 500 jugera which the 
 law left him, tlian he fonnerly had to what the law 
 took from him. Tlie surplus land, according to the 
 provisions of the law, was to be divided among the 
 plebeians. The Liciuian law, not effecting its ob- 
 ject, T. S. Gracchus revived the measure for limit- 
 ing the possession of pubUc land to 500 jugera. 
 The arguments of the possessors against this 
 measure, as they are stated by Appian (Ciril Wars, 
 i. 10), are such as might reasonably be urged ; but 
 he adds that Gracchus proposed to give to each 
 possessor, by way of compensation, for improve- 
 ments made on the public land, the fidl ownership 
 of 500 jugera, and half that quantity to each of his 
 sons if he had any. If it is time, as Appian states, 
 that the law of Gracchus forbade the rich from 
 purchasing any of the lands which nnght be allotted 
 to the plebeians by his agrarian law, this part of 
 the measure was as unjust as it was impolitic. The 
 lands which the Roman people had acquired in the 
 Italian peninsula by conquest were greatly reduced 
 in- amount by the laws of Gracchus and by sale. 
 Confiscations in the civil wars, and conquests 
 abroad, were, indeed, continually increasing the 
 public lands ; but these lands were allotted to the 
 soldiers and the numerous colonists to whom the 
 state was continually uiviiii; lands (see the list in 
 Frontinus, De C'uloi/iis llalbic). The system of 
 colonisation which prevailed during the repubUc, 
 was continiu'd under the emperors, and considerable 
 tracts of Italian land were disposed of in this maimer 
 by Augustus and his successors. Vespasian as- 
 signed lands in Samnimn to his soldiers, and grants 
 of Italian lands are nu'utioned by subsequent em- 
 perors, tluiiigh we may infer that at the close of 
 the second century' of our aera, there was little 
 public land left in the peninsula. Vespasian sold 
 part of the public lands called suhscnra, — a tenn 
 which expressed such parts as had not been 
 assigned, when the other parts of tlie same district 
 had been measured and distributed. Domitian 
 gave the remainder of such lands all tlirough Italy 
 to the possessors (Aggenus). The coni|ucsts be- 
 yond the limits of Italy, furnished the em|)erors 
 with the means of rewarding the veterans by grants 
 of land, and in this way the institutions of Rome 
 were jihinted on a foreign soil. But, according to 
 Gaius, property in the land was not acquired by 
 sucli grant ; tlie ownership was still in the state, 
 and the provincial landholder had only the pos- 
 sessio. if this be true, as against the Roman 
 people or the Caesar, his interest in the land was 
 one that might be resumed at any time, according 
 to the strict rules of law, though it is easily con- 
 ceived that such foreign possessions would daily 
 acquire strength, and could not safely be dealt 
 with as possessions had lieen in Italy by the 
 various agrarian laws which had convulsed the 
 Roman state. This assertion of the right of the 
 populus Romanus and of the emperors, might 
 be no wrong " inflicted on provincial landowners 
 by the Roman jurisprudence,"* as Niebuhr affinns. 
 The tax paid hy the holders of ager privatus in 
 the provinces was the only thing which dis- 
 tinguished the beneficial interest in such land from 
 
 * Niebuhr observes that Frontinus speaks of 
 the " tirra pulAii a in the provinces, in contradis- 
 tinction to the agri privati there but this he 
 certainly does not. This contradistinction is made 
 
AGRARIAE LEGES. 
 
 AGRARIAE LEGES. 
 
 29 
 
 Italic land, and might be, in legal effect, a recogni- 
 tion of the ownersliip according to Roman law. 
 And this was Savigny's earlier opinion with re- 
 spect to the tax paid by provincial hinds ; lie con- 
 sidered such tax due to the Roman people, as the 
 sovereign or ultimate owner of the lands. His 
 later opinion, as expressed in the Zcitschrifl fur 
 < ii-srhk-hitichc Rcchtstcinseuschiifl (vol. v. p. ■2.>4), is, 
 that under the Caesars a unifonii system of direct 
 taxation was established in the provinces, to which 
 all provincial land was subject ; but land in Italy 
 was free from this tax, and a provincial town could 
 only acquire the like freedom by receiving the 
 privilege expressed by the term jus Italicum. The 
 complete solution of the question here under 
 discussion could only be effected by ascertaining 
 the origin and real nature of this provincial land- 
 tax ; and as it may be ditiicult, if not impossible, 
 to ascertain such facts, we must endeavour to give 
 a probable solution. Now it is consistent with 
 Roman notions tliat all conquered land should be 
 considered as the property of the Roman state ; 
 and it is certain that such lands, though assigned 
 to individuals, did not by that circumstance alone 
 become invested with all the characters of Roman 
 land which was private property. It had not the 
 pi-ivilege of the jus Italicum, and consequently 
 could not be the ol)ject of Quiritarian ownership, 
 with its incidents of mancipatio, &c. All hmd in 
 the provinces, including even that of the liberae 
 civitates, and the ager publicus properly so called, 
 could only become an object of Qniritarian owner- 
 ship by ha\nng conferred upon it the privilege of 
 Italic land, by which it was also released from the 
 paT,Tnent of the tax. It is clear that there might 
 be and was ager privatus, or private property, in 
 pro\-incial land ; but this land had not the 
 privileges of Italic land, unless such pri\'ilege was 
 expressly given to it, and accordingly it paid a tax. 
 As the notions of landed property in all countries 
 seem to suppose a complete ownership residing in 
 some person, and as the provincial landowner, 
 whose lands had not the privilege of the jus 
 Italicum, had not that kind of ownership which, 
 according to the notions of Roman law, was com- 
 plete ownership, it is difficult to conceive that the 
 idtimatc ownership of provincial lands (with the 
 exception of those of the liberae civitates) could 
 reside anywhere else than in the populus Romanus, 
 and, after the establishment of the imperial power, 
 in the populus Romanus or the Caesar. This 
 question is, however, one of some difficulty, and 
 well deserves further examination. It may be 
 (loidjted, liowever, if Gains means to say that there 
 could be no Quiritarian ownership of private land 
 in the provinces ; at least this would not be 
 the casein those districts to which the jus Italicum 
 Avas extended. The case of the Recentoric lands, 
 which is (|ui)ted by Niebuhr (Cic. c. Rnltum, i. 4), 
 may be explained. The land here spoken of was 
 land in Sicily. One object of the measure of 
 Rullus was to exact certain extraordinary pay- 
 ments (rec/ii/u!) from the public lands, tliat is, 
 from the possessors of them ; but he excepted the 
 Recentoric lands from the operation of his measure. 
 If this is private land, Cicero argues, the exception 
 
 by his commentator .Aggenus, who, as he himself 
 says, only conjectures the meaning of Frontinus ; 
 and, as we think, he has not discovered it. (l''ronti- 
 nus, De lie Ayraria.) 
 
 is unnecessary. The argument, of course, assumes 
 that there was or might be private land in Sicih' ; 
 that is, there was or might be land which would 
 not be affected by this part of the measure of 
 Rullus. Now the opposition of public and private 
 land in this passage certainly proves, what can 
 easily be proved without it, that individuals in the 
 provinces owned land as individuals did in Italy ; 
 and such land might witli propriety be called 
 prii-atiis, as contrasted with that called publkus in 
 the provinces : in fact, it would not be easy to 
 have found another name for it. But we know 
 that ager privatus in the provinces, unless it had 
 received the jus Italicum, was not the same thing 
 as ager privatus in Italy, though both were private 
 property. Such a passage, then, leads to no neces- 
 sary conclusion that the ultimate ownership or 
 dominion of this private laiul was not in the Ro- 
 man people. It may be as well here to remark 
 further, that any conclusions as to Roman law, 
 derived solely from the orations of Cicero, are to 
 be received with caution ; first, because on several 
 occasiiuis (in the J'ro Carci/ia for instance) he 
 states that to be law which was not, for the pur- 
 pose of maintaining his argument ; and secondly, 
 because it was a subject on which his knowledge 
 was probably not very exact. 
 
 It only remains briefly to notice the condition of 
 the public land with respect to tlie fructus, or vec- 
 tigal, which belonged to the state. This, as al- 
 ready observed, was generally a tenth, and hence 
 the ager publicus was sometimes called decumanus ; 
 it was also sometimes called ager vectigalis. Tlie 
 tithes were generally farmed by the publicani, wlio 
 paid their rent mostly in money, but sometimes in 
 grain. The letting was managed by the censors, 
 and the lease was for five years. The fonn, how- 
 ever, of leasing the tenths was that of a sale, 
 mancipatio. In course of time the word lucatia 
 was applied to these leases. The phrase used by 
 the Roman writers was originally fructus locatio, 
 which was the proper expression ; but we find the 
 phrase, ayrum frucmlum locai-e, also used in the 
 same sense, an expression which might appear 
 somewhat ambiguous ; and even ayrum locare, 
 which might mean the leasing of the public lands, 
 and not of the tenths due ii'om the possessors of 
 them. It is, however, made clear by Niebuhr, 
 that in some instances at least, the phrase ayntin 
 lucarc, does mean the leasing of the tenths ; 
 whether this was always the meaning of the 
 phrase, it is not possible to affinn. 
 
 Though the term ager vectigalis originally ex- 
 pressed the public land, of which the tithe was 
 leased, it afterwards came to signify lands which 
 were leased by the state, or by different corpora- 
 tions. This latter description woidd comprehend 
 even the ager publicus ; but this kind of public 
 property was gradually reduced to a small amoinit, 
 and we find the tenn ager vectigalis, in the later 
 period, applied to the lands of towns which were 
 so leased that the lessee, or those who derived their 
 tithe from him, could not be ejected so long as they 
 paid the vectigal. This is the ager vectigalis of 
 the Digest (vi. tit. 3), on the model of which was 
 foiTned the emphyteusis, or ager emphyteuticarius. 
 [Emphyteusis.] The rights of the lessee of the 
 ager vectigalis were different from those of a pos- 
 sessor of the old ager publicus, though the ager 
 vectigalis was derived from, and was only a new 
 form of the ager publicus. Though he had only a 
 
30 AGRIMENSORES. 
 
 'Arpin'NiA. 
 
 jus in re, and though he is distinguished from the 
 oTOer {dmnimis), yet he was considered as having 
 the possession of the land. He had, also, a right 
 of action against the town, if he was ejected from 
 his land, provided he had always paid his vectigal. 
 (Niel)uhr, Romcm Hist. ; Savigny, Das Rccht des 
 Besiizcs, .5th ed. ; Cicero, c. Rullum ; and the other 
 authorities above referred to.) [G. L.] 
 
 AGRAU'LIA {dypavKia) was a festival cele- 
 brated by the Athenians in honour of Agraulos, 
 the daughter of Cecrops. We possess no particu- 
 lars respecting the time or mode of its celebration ; 
 but it was, perhaps, connected with the solemn 
 oath, which all Athenians, when they arrived at 
 manhood {e<p'r]Soi), were obliged to take in the 
 temple of Agraulos, that they would fight for their 
 country, and always observe its laws. (Lycurg. 
 c. Leocr. c. 18. p. 189 ; Demosth. De Leijat. c. 84, 
 p. 438 ; Plut. Alcih. c. 15 ; Stobaeus, S«rm. xli. 
 141 ; Schomann, De Comitiis, p. 331 ; Wachs- 
 muth, Helkn. Alkrth. I. i. p. 252.) 
 
 Agraulos was also honoured with a festival in 
 Cyprus, in the month Aphrodisius, at which hu- 
 man victims were offered. (Porphyr. De Abstin. ab 
 Anim. i. 2.) 
 
 'ArPE'TAI, the name of nine maidens, who were 
 chosen every year, in the island of Cos, as priest- 
 esses of Athena (Mineiwa). 
 
 AGRIA'NIA {a-ypiavia) was, according to 
 Hesychius, a festival celebrated at Argos, in me- 
 mory of a deceased person, and was probably the 
 same as the festival called Agrania. The 
 Agriania was also celebrated at Thebes, with so- 
 lemn sports. 
 
 AGRIMENSO'RES, or "land-survej-ors," a col- 
 lege established under the Roman emperors. Like 
 the jurisconsults, they had regular schools, and 
 were paid handsome salaries by the state. Their 
 business was to measure unassigned lands for the 
 state,and ordinary lands for the proprietors, and to 
 fix and maintain boundaries. Their writings on the 
 subject of their art were very numerous ; and we have 
 still scientific treatises on the law of boundaries, 
 such as those by Frontinus and Hyginus. They 
 were sometimes vested with judicial power, and 
 were called spedahiles and darissimi, in the time 
 of Theodosius and Valentinian. As partitioners of 
 land, the agrimensores were the successors of the 
 augurs, and the mode of their limUatio was derived 
 from the old augurial method of fomiing the tem- 
 jilum. The word iemplum, like the Greek rtfievos, 
 simply means a division ; its application to signify 
 the vault of the heavens was due to the fact that 
 the directions were always ascertained according to 
 the true cardinal points. At the inauguration of a 
 king (Liv. i. 18) or consul (Dionj's. ii. 5), the 
 augur looked towards the east, and the person to 
 be inaugurated towards the south. Now, in a 
 case like this, the person to be inaugurated was con- 
 sidered the chief, and the direction in which he 
 looked was the main dkection. Thus we find that 
 in the case of land-surveying, the augur looked to 
 the south (Varro, Ap. Frontin. p. 215) ; for the 
 gods were supposed to be in the north, and the 
 augur was considered as looking in the same man- 
 ner in which the gods looked upon the earth. 
 (Festus, Si/ns/rcie.) Hence, the main line in land- 
 surveying was drawn from north to south, and was 
 called cardo, as corresponding to the axis of the 
 world ; the line which cut it at right angles was 
 termed decumanus, because it made the figure of a 
 
 cross, like the numeral X. These two lines were 
 produced to the extremity of the ground which was 
 to be laid out, and parallel to these were drawn 
 other lines, according to tlie size of the quadrangle 
 required. The limits of these divisions were indi- 
 cated by balks, called limites, which were left as 
 high roads, the ground for them being deducted 
 from the land to be divided. As every sixth was 
 wider than the others, the square bordering upon 
 this would lose pro tanto. The opposition of via 
 and limes in this rectangrular division of property 
 has not been sufficiently attended to by scholars. 
 It appears that, if the line from north to south was 
 called limes, that from east to west would be 
 named via, and vice versa. Virgil was, as is well 
 known, very accurate in his use of words, and we 
 may entirely depend on inferences drawn from his 
 language. First, he uses liiri£s in its stricter sense 
 as a term of land-surveying : — 
 " Ante Jovem nulli subigebant arva coloni, 
 Nec signare quidem, aut partiri limite campum 
 Fas erat." Georg. i. 126. 
 
 Again, in speaking of planting vines in reguhir 
 rows, he says : — 
 
 — " Omnis in unguem 
 Arboribus positis secto via limite quadret." 
 
 Geory. ii. 278. 
 i. e. " let every via be exactly perpendicular to the 
 limes which it cuts." He says, quadret, for the tenu 
 via, might be used in spealdng of a line which cut 
 another obliquely, as it is used in the ecliptic, in 
 Virgil : — 
 
 — " Via secta per ambas, 
 Obliquus qua se signorum verteret ordo." 
 
 Georg. i. 238. 
 
 These passages are sufiicient to prove that via 
 and limes are used in opposition to one another. 
 The following authorities will show that via means 
 the principal or high road ; and limes, a narrower 
 cross road, where roads are spoken of. In the first 
 place. The Twelve Tables laid down that the via 
 should be eight feet wide when straight, but twelve 
 feet at the turning ; and it is expressly distinguished 
 by Festus from the iter of two feet wide, and the actus 
 of four feet wide. Secondlj^, In Livy (xxxi. 24) we 
 have intra earn (portam) ej:irai]ue latae sunt viae, 
 et extra limes &c., eo limite, &c. ; and in the 
 same author (xxii. 12), transversis limitibusin viain 
 Latinam est egressus ; and Tacitus {Hist. iii. 25), 
 says. Per limiteyn viae sparguntur festinatione con- 
 sectandi victores. When land was not divided, it 
 was called arcijiiiius, or arcijimdis; the ager publicus 
 belonged to this class. 
 
 The reader will find two very valuable arti- 
 cles on the Limitatio and the Agrimensores 
 in the Appendices to Niebuhr's Roman History, 
 vol. ii. [J. W. D.] 
 
 'ArPin'NIA, a festival which was celebrated at 
 Orchomenus, in Boeotia, in honour of Dionysus, 
 suniamed ^Aygio/Vios. It appears from Plutarch 
 {Quacst. Rom. 102), that this festival was so- 
 lemnized only by women and priests of Dionysus. 
 It consisted of a kind of game, in which the women 
 for a long time acted as if seeking Dionysus, and at 
 last called out to one another that he had escaped 
 to the Muses, and had concealed himself with 
 them. After this they prepared a repast ; and 
 having enjoyed it, amused themselves with solving 
 riddles. This festival was remarkable for a feature 
 which pro\"es its great antiquity. Some virgins, 
 who were descended from the Minyans, and who 
 
'AnrpTAi. 
 
 'AIKI'AS AI'KH. 
 
 31 
 
 probably used to assemble around the temple on 
 the occasion, fled and were followed b)' the priest 
 armed with a sword, who was allowed to kill the 
 o]ie whom he first caught. This sacrifice of a 
 human being, though originally it must have form- 
 ed a regular part of the festival, seems to have been 
 avoided in later times. One instance, however, 
 occurred in the days of Plutarch. ( Qiuiest. Graec. 
 38. ) But as the priest who had killed the woman 
 was afterwards attacked by disease, and several 
 extraordinary accidents occurred to the Minyans, 
 the priest and his family were deprived of their 
 official power. The festival is said to have been 
 derived fi'om the daughters of Minyas, who, after 
 having for a long time resisted the ISacchanalian 
 fury, were at length seized by an invincible desire 
 of eating human flesh. They therefore cast lots 
 on their own children, and as Hippasus, son of 
 Leucippe, became the destined victim, they 
 killed and ate him, whence the women belong- 
 ing to that race were at the time of Plutarch still 
 called the destroyers (oAeToi or aio\aiai) and 
 the men mourners (^^o\o€ts). (^MuHer, Die Mi//ye.n, 
 p. 166, &c.) [L. S."] 
 
 AGRON'OMI (dypofSfioi), are described by 
 Aristotle as the country police, whose duties cor- 
 responded in most respects to those of the astjuomi 
 in the city. {Folit. vi. 3.) They appear to have 
 perfbnned neiU'ly the same duties as the hylori 
 (uAoipoi). Aristotle does not inform us in what 
 state they existed ; but from the frequent mention 
 of them by Plato, it appears probable that they 
 belonged to Attica. (Plato, Legg. vi. 9 ; Timaei 
 Lexicon, and Ruhnken's note, in which several 
 passages are quoted from Plato.) 
 
 'AFPOTE'PAS 0T2I'A, a festival celebrated 
 every year at Athens in honour of Artemis, sur- 
 named Agrotera (from ayga, chase ). It was so- 
 lemnized, according to Plutarch {De iMaliyn. Herod. 
 26 on the sixth of the month of Boedromion, and 
 consisted in a sacrifice of 500 goats, which continu- 
 ed to be offered in the time of Xenophon. ( Xenoph. 
 j Anab. iii. 2. § 12.) Its origin is thus related : — 
 When the Persians invaded Attica, Callimachus, 
 the polemarch, or, according to others, Miltiades, 
 made a vow to sacrihce to Artemis Agrotera as 
 i manj- goats as there should be enemies slain at 
 Marathon. But when the number of enemies slain 
 was so great, that an equal number of goats could not 
 be found at once, the Athenians decreed that 500 
 sliould be sacrificed every year. This is the state- 
 ment made by Xenophon ; but other ancient 
 authors give different accounts, ^lian, whose ac- 
 count, however, seems least probable, states ( V. 
 H. ii. 15) the time of the festival to have been the 
 ' sixth of Th.irgelion, and the number of goats yearly 
 sacrificed 300. The Scholiast on Aristoph. {J2quit. 
 666) relates that the Athenians, before the battle, 
 promised to saciifice to Artemis one ox for every 
 enemy slain ; but when the number of oxen could 
 not be procured, they substituted an equal number 
 of goats. [L. S.] 
 
 'ArPTnNI'2, a nocturnal festival celebrated at 
 Arbcla, in Sicily, in honour of Dionysus. See 
 Hesvch. s. V. [L. S.] 
 
 'AFTPMO'S. [Eleusinia.] 
 
 'ArT'PTAI were mendicant priests, who were 
 accustomed to travel through the different towns 
 of Greece, soliciting alms for the gods whom they 
 served. These priests carried, either on their 
 shoulders or on beasts of burthen, images of their 
 
 respective deities. They appear to have been of 
 Oriental origin, and were chiefly connected with 
 the worship of Isis (Suidas sub 'A76i'pEi), Opis 
 and Arge (Herod, iv. 35), and especially of the 
 great mother of the gods ; whence they were called 
 HTITgayvprai. They were, generally speaking, 
 persons of the lowest and most abandoned charac- 
 ter. They undertook to inflict some grievous 
 bodily injury on the enemy of any individual who 
 paid them for such services, and also promised, for 
 a small sum of money, to obtain forgiveness from 
 the gods whom they served, for any sins which 
 either the individual himself or his ancestors had 
 committed. (Ruhnken, od Timaei Lex. Plat, sub 
 dye'iQovffav and €7ro7ai7ai.) Thus Oedipus calls 
 Tiresias (Soph. Ocd. Tiir. 387), 
 
 Ma70>' Toioi'Se ixi]X'>-vof)pa<pov 
 
 toKuv dyvprriv. 
 
 These mendicant priests came into Italy, but at 
 what time is uncertain, together with the worship 
 of the gods whom they served. (Cic. De Legg. ii. 
 16 ; Heindorf on Hoi: Serm. i. ii. 2.) 
 
 The name of d7i;^ai was also applied to those 
 individuals who pretended to tell people's fortunes 
 by means of lots. This was done in various waj^s. 
 The lots frequenth' consisted of single verses taken 
 from well known poems, which were thrown into 
 an urn, whence they were drawn either by the 
 persons who wished to learn their fortunes or by 
 boys. It was also usual to write the verses on a 
 tablet (^dgyvriKos mVa^, or agyvriKr) cai'i's), and 
 tliose who consulted them found out the verses 
 which foretold their destinies, by throwing 
 dice. 
 
 'AIA'KEIA, a festival of the Aeginetans in 
 honour of Aeacus, the details of which are not 
 known. The \-ictor in the games which were so- 
 lemnized on the occasion, consecrated his chaplet 
 in the magnificent temple of Aeacus. ( Miiller, 
 Aegiiieiica, p. 140.) [L. S.] 
 
 'AIA'NTEIA, a festival solemnized in Salamis 
 in honour of Ajax, of which no particulars are 
 known. See Hesych. s. v. [L. S.] 
 
 'AIKI'AS AI'KH, an action brought at Athens, 
 before the court of the Forty (of T€TTagdKovTa), 
 against any individual, who had sti-uck a citizen of 
 tlie state. Any citizen, who had been thus in- 
 sulted, might proceed in two ways against the of- 
 fending party, either by the aiKias Si'/crj, which 
 was a private action, or by the vSgeois ygacpTj, 
 which was looked upon in the light of a public 
 prosecution, since the state was considered to be 
 wronged in an injury done to any citizen. It ap- 
 pears to have been a principle of the Athenian 
 law, to give an individual, who had been injured, 
 more than one mode of obtaining redress. (Demosth. 
 Adv. Androt. c. 8. p. 601.) 
 
 It was necessary to prove two facts in bringing 
 the a'tKia^ SIkh) before the Forty. First, That the 
 defendant had struck the plaintiff with the inten- 
 tion of insulting him (ei^' vSgei), which, however, 
 was always presumed to have been the intention, 
 unless the defendant could prove that he only 
 stnick the plaintiff in joke. Thus Ariston, after 
 proving that he had been struck by Conon, tells 
 the judges that Conon will attempt to show that he 
 had only struck him in play. (Demosth. Adv. 
 Conon, c. 5. p. 1261.) Secmidly, It was necessary 
 to prove that the defendant stnick the plaintiff 
 first, and did not merely return the blows which 
 had been given by the plaintiff (ogx^'" X^^S^'' 
 
 I 
 
3-2 
 
 'AiriNHTn'N 'EOPTH'. 
 
 ALABASTER. 
 
 dS'iKO)!', or merely ddiKoiv dpx^^v, Demosth. Adv. 
 Emrg. c. 3. p. 1141 ; c. 11. p. 1151). 
 
 In tliis action, the sum of money to be paid by 
 tile defendant as damages was not fixed by the laws ; 
 but the plaintift' assessed the amount according to 
 tile injury, which he thought he had received, and 
 the judges determined on the justice of the claim. 
 (Demosth. Adv. Comm.; Isocrates, j-l(/r. Lochit.; 
 Meier, Att. Process, p. 547 ; Bbckh, 7^hW. of 
 Atlifiis, ii. p. 101. transl.) 
 
 ■'Ar'KAON, AfKAON (or aiKvov, oIkuov, 
 Eustath. i?i II. xviii. 245), is said by Polemo 
 (Athen. p. 140, e.) to be a Doric word ; its de- 
 rivatives, ivaXKKa and p.^adiKKia.i, were used only 
 by the Dorians. Modern writers differ greatly re- 
 specting its exact meaning ; but from an examina- 
 tion of the passages in which it occurs, it appears 
 to be used in two senses. 1 . A meal in general. 
 Thus Alkman uses avvoAKXiai for avvZiivvia. 
 (Athen. p. 140, c. ; see also Epicharmus and 
 Aiknian in Athen. p. 13.'). h. and p. 140, c.) 
 11. The chief dish or course in a meal. The dessert 
 or after-course was called ht&iKKov. (Polemo in 
 Allien. 140, c.) The aiKXov among the Spartans 
 was composed of the contributions which every 
 one who came to the pulilic banquets (c^eiSiTio) 
 was bound to bring, and consisted cliietly of pork 
 and black broth, or blood-broth (^fj.6\as ^oijxos, 
 alixaria), with the addition of cheese and figs ; 
 sometimes, but rarely, they received contributions 
 of fish, hares, and poultry. The eiraiKAoc, or dessert, 
 which varied the plainness of the meal, consisted 
 of voluntary gifts to the table. The richer citizens 
 sent maize bread, fowls, hares, lambs, and other 
 dishes, cooked in a superior manner, a part of a 
 sacrifice, or the fruits of the season ; while others 
 ciiiitriliuted the proceeds of the chase. It was 
 the custom, when one of these presents was helped 
 round, to name the person who sent it. (Poleino 
 in Athen. p. 13.0, c.) Sometimes they procured a 
 good dessert by iiii]i(ising jienalties on each other, 
 or by giving- the ]il;u i' of honour at the table to him 
 who contributed the best dish. (Athen. p. 140,/) 
 The contributions were eaten as they were sent ; 
 or, if their flavour was not approved, they were 
 made up afresh into a savoury mess called a 
 /uoTTUTj. Boys were allowed an ItrdiKXov, con- 
 sisting of barley meal kneaded with oil, and 
 baked in laurel leaves. (Midler, Dorians ill. x. 
 7 ; IV. iii. 3 ; Wachsmuth, HcUen. Alturthwn. II. 
 ii. p. 24. [P. S.] 
 
 'AiriNHTrfN 'EOPTH', a festival of the 
 Aeginetans in honour of Poseidon, which lasted 
 sixteen days, during which time every family took 
 its meals quietly and alone, no slave being al- 
 lowed to wait, and no stranger invited to par- 
 take of them. From the circumstance of each 
 family being closely confined to itself, those who so- 
 lemnized this festival were called fj.ovo<pdyoi. Plu- 
 tarch ( Qnaest. Grwc. 44) traces its origin to the 
 Trojan war, and says that, as many of the Aeginetans 
 had lost their lives, partly in the siege of Troy and 
 parti}' on their return home, those who reached 
 their native island were received indeed with joy 
 by their kinsmen ; but in order to avoid hurting 
 the feelings of those families who had to lament 
 the loss of their friends, they thought it proper 
 neither to show their joy nor to offer any sacrifices in 
 public. Every family, therefore, entertained pri- 
 vately their frends who had returned, and acted 
 themselves as attendants, though not without re- 
 joicings. [L. S.] 
 
 'AI2TMNH'TH2 an individual, who was some- 
 times invested with unlimited power in the Greek 
 states. His power, according to Aristotle, partook 
 in some degree of the nature both of kingly and 
 tyrannical authority ; since he was appointed le- 
 gally, and did not usurp the government, but at 
 the same time, was not bound by any laws in his 
 polilic administration. {Po/it. iv. 8. § 2.) Hence 
 Theophrastus {apiul Diom/s. Halic. v. 73) calls 
 the office rvgavvls ulgtrri. It was not heredi- 
 tary, nor was it held for life ; but it only 
 continued for a certain time, or till some object 
 was accomplished. Thus we read that the in- 
 habitants of Mytilene appointed Pittacus alavjx- 
 vriTi)s, in order to prevent the return of Alcaeus 
 and the other exiles. (Theophr. apiul Dianys. 
 Ifidic. vi. 73.) Dionysius compares it with 
 tlie dictatorship at Rome. In some states, such as 
 Cyme and Chalcedoii, it was the title borne by the 
 regular magistrates. (Wachsmuth, Hellcn. A/ter- 
 Ihiini. i. 1. p. 200 ; Hermann, Pol. Antiq. of 
 a rem; § (l.l) 
 
 'Ain'PA, or 'En'PA, a festival at Athens, ac- 
 companied by sacrifices and banquets, whence 
 it is sometimes called EuSeiirvos. The common 
 account of its origin is as follows: — Icarius 
 was killed by shepherds to whom he had 
 given wine, and who, being unacquainted with 
 the eflfects of this beverage, fancied in their in- 
 toxication that he had given them poison. 
 Erigonc, his daughter, guided by a faithful dog, 
 discovered the corpse of her father, whom she 
 had sought a long time in vain ; and, praying 
 to the gods that all Athenian maidens might 
 perish in the same manner, hung herself. After 
 this occun'ence, many Athenian women ac- 
 tually hung themselves, apparently without 
 any motive whatever ; and when the oracle 
 was consulted respecting it, the answer was, that 
 Icarius and Erigone must be propitiated by a 
 festival. ( Hygin. Pout Asiron. ii. 4.) According to 
 the Etiimoloiiiciim Maynum, the festival was cele- 
 brated in honour of Erigone, daughter of Aegisthus 
 and Clj'temnestra, who came to Athens to bring 
 the charge of matricide agiiinst Orestes before the 
 Areopagus ; and, when he was acquitted, hung 
 herself, with the same wish as the daughter of 
 Icarius, and with the same consequences. Accord- 
 ing to Hesychius, the festival was celebrated in 
 commemoration of the tyrant Temaleus, but no 
 reason is assigned. EuStathius (o« //. iii.) calls 
 the maiden who hung herself Acora. But as the 
 festival is also called 'AArjTis ( apparently from the 
 wanderings of Erigone, the daughter of Icarius ), 
 the legend which was first mentioned seems to 
 be the most entitled to belief. Pollux (iv. 7. 
 § 55) mentions a song made by Theodorus 
 of Colophon, which persons used to sing 
 whilst swinging themselves {iv rcSs aia/pais). It 
 is, therefore, probable that the Athenian maidens, 
 in remembrance of Erigone and the other Athenian 
 women who had hung themselves, swiing them- 
 selves during this festival, at the same time sing- 
 ing the above-mentioned song of Theodonis. See 
 .also Athen. xiv.p. ()18. [L. S.] 
 
 ALABAS'TER, the name usually given by 
 artists and antiquaries to that variety of marble 
 which mineralogists call gj/psnm. Alabaster is 
 sometimes described as of two kinds: but this is 
 an error, as one of the substances so called is a 
 carbonate of lime, and therefore not alabaster in 
 
'AAAI A. 
 
 ALEA. 
 
 33 
 
 the common acceptation of the term ; while the 
 other, the real alabaster or i/j/pston, is a sulphate of 
 lime. Alaljaster (iryjisinn) is translucent or semi- 
 transparent, and is usually of a white, — a yello'ivish 
 wliite, — and greenish colour, though sometimes 
 strong brown tints and spots appear in it. When 
 the varieties of colour occur in the same stone, and 
 arc disposed in bands or horizontal stratji, it is 
 often called onyx alabaster ; and when dispersed 
 irregidarly, as if in clouds, it is in like manner dis- 
 tinguished as agate alabaster. These varieties in 
 the colour are alluded to by Pliny (xxxvi. 12 ; 
 xxxviii. 54): — Candore i/itemtiiicfo variis coloribus. 
 Though nnich softer than other marbles, and on 
 that account ill-adapted for sculpture on a large 
 scale, it is capable of being worked to a very fine 
 surface, and of receiving a polish. 
 
 Alabaster has been supposed to derive its name 
 originally from Alabastron, a town of Egypt, where 
 there was a manufactory of vessels made of a stone 
 which was found in the neighbouring mountains. 
 Pliny (xxxvi. 1"2) speaks of alabastrites, using 
 that term for the various kinds of this marble, 
 as well as onyx, probably from the texture being 
 somewhat different from that of the Greek, Sicilian, 
 and Italian marbles, which he was more accus- 
 tomed to see, and which were conimonlj' used by 
 sculptors, and from which he thus desired to dis- 
 tinguish it. He observes (xxxvii. 54) that it was 
 chiefly procured in his time from Alabastron and 
 Damascus. 
 
 Alabaster, both in its form of carbonate of lime 
 and gypsum (for from the confusion that exists in 
 the description of some monuments of antiquitj', 
 it becomes necessary to advert to both varieties 
 under that denomination), was employed very ex- 
 tensively liy the ancients. It was much used by 
 the Egyptians for difl'erent sorts of vases, riUcvi, 
 ornaments, covers of sarcophagi, canopies, and 
 sculpture in general ; but from the absence of any 
 remains of sculpture in that material, it may be 
 assumed that alabaster (gj-psum) was little, if ever, 
 used by tlu? artists of ancient Greece and Italy for 
 statues, rilievi, or busts. Vessels or pots used for 
 containing perfumes, or rather ointments, were often 
 c;dled by the ancients alulmstm orulahusfri. It ap- 
 pears, from the account of Plin)', that these pots 
 were usually made of the onyx alabaster, which 
 was considered to be better adapted than any other 
 stone for the preservation of perfumes (xiii. 3 ; 
 xxxvi. 12). IMartial says cosmis redolent ala- 
 bantrii, and Horace appears to allude to the 
 same vessels in his invitation to Virgil (Carm. iv. 
 xii. 17). The term seems to have been employed 
 to denote vessels appropriated to these uses, even 
 when they were not made of the material from 
 which it is supposed they originally received their 
 name. Theocritus thus speaks of golden alabastra 
 {XP'io'f' aXdSaarpa, Idyl. xv. 114). These vessels 
 were of a tapering shape, and very often had a 
 long narrow neck, which was sealed ; so that when 
 Mary, the sister of Lazarus, is said by St. Mark 
 (xiv. 3) to break the alabaster-box of ointment for 
 the pui-pose of anointing our Saviour, it appears 
 probable that she only broke the extremity of the 
 neck, which was thus closed. The alabastron 
 mentioned by the Evangelists was, according to 
 Epiphanius, a measure, which contained i lecrTTjj, 
 or one kotwAt;. [R. W^_xx.] 
 
 ALABASTRI'TES. [Alabaster.] 
 'AAAI'A is the name of the games which were 
 
 I annually celebrated at the festival of Athena, sur- 
 named Alea, near Tcgea, in the neighbourhood of 
 the magnificent temple of the same goddess. 
 (Paus. viii. 47. § 3.)- [L. S.] 
 
 ALA'RII were the troops of the allies in the 
 Roman army, and were so called because they 
 were usually stationed in the wings. {A/ae. Liv. 
 X. 43 ; xxxi. 21 ; Caes. Be/!. Gall. i. 51 ; Cin- 
 cius apud Hell. xvi. 4.) The alarii consisted both 
 of horse and foot soldiers, and were commanded by 
 praefecti, in the same manner as the legions were 
 commanded bv tribuni. (Caes. Bell. Gall. i. 39 ; 
 Suet, Octar. 38; Plin. Ep. x. The cavalry 
 
 of the allies was called ei/idte,': alarii (Liv. xxxv. 
 5), to distinguish them from the cavalry of the le- 
 gions (etjuites leyimiarii, Liv. xl. 40) ; and the in- 
 fantry was called co/u>rtcs alariae (Caes. Bell. Civ. 
 i. 73. 83 ; ii. 18), to distinguish them from the 
 eohurtes legumarii. 
 
 ALBUM is defined to be a tablet of any mate- 
 rial on which the praetor's edicts, and the rules 
 relating to actions and interdicts, were written. 
 The tablet was put up in a public place, in order 
 that all the world might have notice of its con- 
 tents. According to some authorities, the albmn 
 was so called, because it was either a white mate- 
 rial, or a material whitened, and of course the wri- 
 ting would be a different colour. According to 
 other authorities, it was so called because the 
 writing was in white letters. If any person wil- 
 fully altered or erased {corriipii) any thing in the 
 album, he was liable to an action alljt currupti, and 
 to a heavy penalty. (Dig. 2, tit. i. s. 79.) 
 
 Probably the word album originally meant any 
 tablet contiiining any thing of a public nature. 
 Thus, Cicero informs us that the Annalcs Maxinii 
 were written on the album by the pontifcx maxi- 
 mus. (Be Oral. ii. 12.) But, however this may 
 be, it was in course of time used to signify a list 
 of any public body ; thus we find the expres- 
 sion, allium seiiatorium, used by Tacitus {Ann. iv. 
 42), to express the list of senators, and correspond- 
 ing to the word leucoma used by Dion Cassius 
 (Iv. 3). The phrase album deciirio/ium signifies 
 the list of decuriones whose names were en- 
 tered on the album of a municipium, in the 
 order prescribed by the lex municipalis, so far as 
 the provisions of the lex extended. (Dig. 50. 
 tit. 3.) [G. L.] 
 
 ALBUS GALE'RUS, or ALBOGALE'RUS, 
 a white cap worn by the flamcn dialis at Rome. 
 (M. Varro, aptid A. Gell. x. IG.) According to 
 Festus (s. v.), it was made of the skin of a 
 white victim siicrificed to Jupiter, and had an olive 
 twig inserted in the top. Its supposed fonn, as 
 derived from coins, and from a bas-relief on a 
 Roman temple, is that of a cap, fitted closely to 
 the head, and tied under the chin. (Causaei Miis. 
 Rom. ; Sigonius, De Nom. Rom. 5 ; Hope, Cos- 
 tume, ii. 2()(i.) [Apkx.] [J. Y.] 
 
 'AAKAQOrA is the name of games celebrated 
 at Megaiii, in commemoration of the hero Alca- 
 thous, son of Pelops, who had killed a lion which 
 had destroyed Euippus, son of King Megareus. 
 (Pind. Isthm. viii. 148 ; Paus. i. 42. § 1.) [L. S.] 
 
 ALEA, gaming, or playing at a giime of chance 
 of any kind. Hence aleo, aleatoi; a gamester, a 
 gambler. Pkmng with tali, or te.sserae, was gene- 
 rally understood ; because this was by far the most 
 common game of chance among the Romans. 
 
 Gaming was forbidden by the Roman laws, both 
 
34 
 
 'AAEinTH'PION. 
 
 ALIMENTARII PUERI. 
 
 (luring the times of the repul)lic, and luider the 
 emperors. (Cic. Pliilip. ii. 215 ; Cud. 3. tit. 43.) 
 Hence Horace {(.'arm. iii. 24), alludint;- to the pro- 
 gross of ett'eniiiiate and licentious manners, says 
 that boys of rank, instead of riding and hunting, 
 now showed their skill in playing with the hoop, 
 or even at games of chance, altiiongh they were il- 
 legal {i-e/ita hyilms aha). Gaming was also con- 
 demned by public opinion. In Jds j/m/iljus, says 
 Cicero (iu Cat. ii. 10), omnes alcatores, oiiinrs 
 udulleri, omnes iwpuri iitipiulkujite rcrsantiir. To 
 detect and punish excesses of this description be- 
 longed to the office of the aediles. (Martial, xi v. 1.) 
 
 Games of chance were, however, tolerated in the 
 month of December at the Saturnalia, which was 
 a period of general relaxation (Martial, iv. 14 ; Gel- 
 lius, xviii. 13) ; and among the Greeks, as well as 
 the Romans, old men were allowed to amuse them- 
 selves in this manner. (Eurip. Med. 67 ; Cic. 
 Seiiect. 16 ; Juv. xiv. 4.) 
 
 The following line of Publius Syrus sliows that 
 professed gamesters made a regular study of their 
 art : — 
 
 " Aleator, quanto in arte est melior, tanto nequior." 
 Ovid (Trist. ii. 471) alludes to those who wrote 
 treatises on the subject : — 
 
 " Sunt aliis scriptiie, quibus alea luditur, artes." 
 These were the Hoyles of ancient times, among 
 whom we find no less a personage than the empe- 
 ror Claudius himself: — Ahum ftujiosissime bisU, de 
 cujus arte libruiii qiiorjiu' emisit (Suet. Claud. 33). 
 The emperors Augustus and Domitian were also 
 fond of gaming. (Suet. Aui/. 70, 71 ; Dam. 21.) 
 
 Alea sometimes denotes the implement used in 
 playing, as in thi' pliiasi- jacta alea est, " the die 
 is cast," uttered li\ Julius Caesar, immediately be- 
 fore he crossed the Rubicon (Suet. .Jul. 32) ; aud 
 it is often used for chance, or uncertainty in gene- 
 ral. (Hor. Cariii. II. i. G ; Varro, De Re Ritst. i. 18 ; 
 Coluni. i. Print'.; Cic. Div. ii. 15.) [J. Y.] 
 
 ■AAEKTPTOMANTEI'A, a mode of divination 
 practised by the Grcek.s. The letters of the 
 alphabet were written in a circle ; a grain of 
 wheat or barley was laid upon each letter ; and a 
 cock, consecrated or provided for the occasion, was 
 phiced within the circle. The re<nured infonna- 
 tion was obtained by putting togetlier tliose let- 
 ters otf which the cock picked the grains of com. 
 To ol)tain a fuller answer, they laid grains of corn 
 uiion the letters a second time, and repeated the 
 process. [P. S.] 
 
 'AAEKTPTO'NHN 'Am'N, or 'AAEKTPTO- 
 NOMAXI'A, a public cock-fight, wliich was held 
 every year in one of the theatres of Athens. Cock- 
 fights in general were exceedingly common among 
 tile Greeks and Romans : but the origin of this one 
 in particular, which was sanctioned by the laws of the 
 state, is not known ; for the account of its (jrigin 
 given by jElian ( V. II. ii. 28) is too absurd and 
 improbable to deserve credit. He says, tiiat when 
 Themistocles marched with his Athenians against 
 the Persians, he saw two cocks fighting against 
 each other, and took the opportunity of addressing 
 his sakliers, and reminding them that these cocks 
 were neither fighting for their country nor for the 
 gods, but only for victory, &c. This speech is said 
 to have greatly animated the courage oi' the Athe- 
 nians ; and, after the war, they commemorated the 
 event which had proved so useful to them by the 
 amuial festival in the theatre. [L. S.] 
 
 'AAEinXH'PION. [Aliptae.] 
 
 AL'ICA (a\(|, x<S>'8gos), I- kind of grain 
 reseml)ling spelt, which was also called zea. (Plin. 
 xviii. 7. 10.) II. A broth, soup, or porridge made 
 out of this grain, and very highly esteemed by the 
 Romans. Pliny states that it was a Roman in- 
 vention, and that in his opinion it was not in use 
 till after the time of Pompey the Great. (Plin. 
 xxii. 25. 61.) The Greeks had a somewhat 
 similar preparation, which they called TrTi(r6.vr\. 
 Alica was procured from the neighbourhood of 
 Verona and Pisa and other parts of Italy, and 
 from Egypt. The best came from Campania ; that 
 from Egypt was very inferior. It was prepared 
 by first bruising the grain in a wooden mortar to 
 separate the husks, and then pounding it a second 
 and third time to break it into smaller pieces. The 
 different qualities of alica made by each, of these 
 processes were called respectively ijraiidksima or 
 apliaerema ( dtpa/^efta), secundaria, and minima. 
 In order to make the alica white and tender, it 
 was mixed with chalk from the hills between 
 Naples and Puteoli. (Plin. xviii. 11. 29.) It was 
 used as a medicine, for which purpose it was 
 either soaked in water mixed with honey (mead 
 (U]ua mulsa), or boiled down into a broth, or into 
 porridge. Pliny gives a full account of the mode 
 of preparing and administering it, and of the dis- 
 eases in which it was employed. (Nat. I list. xxii. 
 24. 51 ; 25. 61, 66 ; xxvi. 7. 18 ; xxviii. 17. 67.) 
 
 A spurious kind of alica was made from the in- 
 ferior spelt (,;<■« ) of Africa, the ears of which were 
 broader and blacker, and the straw shorter, than 
 in the Italian plant. Pliny mentions also another 
 spurious kind of alica, which was made from wheat. 
 {Nat. Hi'st. xviii. II. 29.) Another sort of alica 
 was made from the juice of the plantain. ( Plin. 
 xx\-i. 8. 28.) [P. S.] 
 
 "AAIMA, or "AAIMOS TPO*H' (from a nega- 
 tive, and M/jLos, hunger), a refreshment used by 
 l'4nmenides, Pythagoras, and other philosophers. 
 Plato states, in his Dialogue on Laws, that the 
 aKt/xa of Epimenides was composed of mallows and 
 asphodel. Suidas explains it as a plant which 
 grew near the sea (probably the sea-leek ), which 
 was the chief ingredient in the (pagfiuKOv iirifie- 
 viSiov, and was thought to promote long life. 
 Hesychius interprets uc/joSeAos by aAifios. Pliny 
 stiites that some said that aliinon was called 
 asphodelos by Hesiod, which he thinks an error ; 
 but that the name alinum was applied by some to 
 a dense white shrub, without thorns, the leaves of 
 which resembled those of the olive, but were 
 softer, and were used for food ; and by others to a 
 pot-herb which grew by the sea, " whence," says 
 Pliny, " its name," confounding d\tfiOS, from o and 
 Ki/jtos, with oAi/uos from ctAs. (Plin. xxii. 22. 33.) 
 The name appears generally to signify a medicinal 
 preparation of equal weights of several herbs, 
 pounded and made into a paste with honey. A 
 similar preparation for quenching thirst (d'Snj/os 
 Tgo<pri ) was used bv Pvthagoras. [P. S.] 
 
 ALIMENTA'RII PUERI ET PUELLAE. 
 In the Roman republic, the poorer citizens were 
 assisted by public distributions of corn, oil, and 
 money, which were called conyiuria. These distri- 
 butions were not made at stated periods, nor to 
 any but grown-up inhabitants of Rome. The Em- 
 peror Nerva was the first who extended them to 
 children, and Trajan appointed them to be made 
 every month, both to orphans and to the children 
 of poor parents. These children were called puer 
 
ALIPTAE. 
 
 AMANUENSIS. 
 
 35 
 
 et puellae alimentarii, and also (from the emperor) 
 piwri puelhuxfu: Ulpiani ; and the officers who ad- 
 ministered the institution were called <iiiuesfores 
 pcciiiikie alimcntaricie, quaestores alimeuluritm, pro- 
 cnriitures al imentorum, or prcwfedi alimciiturum. 
 
 The fragments of an interesting record of an in- 
 stitution of this kind by Trajan have been found 
 at Velleia, near Placentia, from which we learn 
 the sums which were thus distributed. The money 
 was raised in this case by lending out a sum, on 
 interest at five per cent., from the treasury of the 
 town, on the security of lands and houses. A 
 similar institution was founded by the younger 
 Pliny, at Comum. (Plin. K/nxt. vii. 18 ; i. 8 ; and 
 the inscription in Orelli, 1172.) Trajan's benevo- 
 lent plans were carried on upon a larger scale by 
 Hadrian and the Antonines. Under Commodus 
 and Pertinax the distribution ceased. In the reign 
 of .\lexandcr Severus, we again meet with alimen- 
 tarii pueri and puellae, who were ca\lt:d Mamiiiai'a/n, 
 in honour of the emperor's mother. We learn, 
 from a decree of Hadrian (Ulp. i)i Diy. 34. tit. 1. 
 s. 14), that boys enjoyed the benefits of this in- 
 stitution up to their eighteenth, and girls up to 
 their fourteenth year ; and, from an inscription 
 (Fabretti, 23.5, 619), that a boy four years and 
 seven months old received nine times the ordi- 
 nary monthly distribution of corn. (Aurel. Vict. 
 Ejjit. xii. 4 ; Capitolinus, Ant. Pi. 8; M. Aur. 
 26 ; Pert. <) ; Spart. Had. 7 ; Lamp. Hev. 
 Atex. bl ; F. A. Wolf, Von eincr milden Stiftuiig 
 Tnijan.s.) [P. S.] 
 
 ALIP'TAE (ctAe^TTTOi) among the Greeks, 
 were persons who anointed the bodies of the 
 athletae, preparatory to their entering the palaes- 
 tra. The chief object of this anointing was to close 
 the pores of the body, in order to prevent much 
 perspiration, and the weakness consequent thereon. 
 To eft'ect this object, the oil was not simply spread 
 over the surface of the body, but also well iiibbed 
 into the skin. (Plutarch, De Tttemla Sanitate, c. 
 15. p. 302. Tauch.) The oil was mixed with 
 fine African sand, several jars full of which were 
 found in the baths of Titus, and one of these is now 
 in the British Museum. This preparatory anointing 
 was called t) -iragaaKevaaT iKrl rg'ttf/is. The athleta 
 was again anointed after the contest, in order to 
 restore the tone of the strained muscles : this 
 anointing was called rj dno6egaTreid. He then 
 bathed, and had the dust, sweat, and oil scraped 
 off his body, by means of an instrument similar to 
 the strigil of the Romans, and called ciTKcyyis, and 
 afterwards ^varga. The aliptae took advant;ige of 
 the knowledge they necessarily acquired of the 
 state of the muscles of the athletae, and their gene- 
 ral strength or weakness of body, to advise them 
 as to their exercises and mode of life. They 
 were thus a kind of medical trainers, laTgoA-ei'irTai. 
 (Celsus, i. 1 ; Plin. Hist. A'at. xxix. 1.2.) Some- 
 times they even superintended their exercises, as 
 in the case of Milesias. (Pindar, 0/i/m. viii. 34 — 71 ; 
 and Bockh's note.) 
 
 Among the Romans, the aliptae were slaves who 
 scrubbed and anointed their masters in the baths. 
 They, too, like the Greek dAelirrai, appear to 
 have attended to their masters' constitution and 
 mode of life. (Cicero, Ep. Fum. i. 9, 35 ; Seneca, 
 Ep. 56 ; Juvenal, Sat. iii. 76 ; vi. 422.) They 
 were also called unctores. They used in their 
 operations a kind of scraper called strigil, towels 
 (Jintea), a cniise of oil (yutlus), which was usually 
 
 of horn, a bottle [Ampulla], and a small vessel 
 called leiitiaila. [Baths.] 
 
 The apartment in the Greek palaestra where 
 the anointing was perf'onned was called oAcitt- 
 T^giov, tliat in the Roman baths was called 
 uiictuarinm. [P. S.] 
 
 A.LLU'VIO. " That," says Gains (ii. 70, &c.), 
 " appears to be added to our land by alluvio, 
 which a river adds to our land {affer) so gradually 
 that we cannot estimate how much is added in 
 each moment of time ; or, as it is commonly ex- 
 pressed, it is that which is added so gradually as 
 to escape observation. But if a river (at once) 
 takes away a part of your land, and brings it to 
 mine, this part still remains your propertj-." There 
 is the same definition by Gains in his Res Coti- 
 ditmae (Dig. 40. tit. 1. s. 7), with this addition : — 
 " If the part thus suddenly taken away should 
 adhere for a considerable time to my land, and the 
 trees on such part should drive their roots into my 
 land, from that time such part appears to belong to 
 my land." The acfjuisitif) per aUaviMiem was con- 
 sidered by the Roman jurists to be by the jus 
 gentium, in the Roman sense of that terra. 
 
 According to a constitution of the Emperor 
 Antoninus Pius, there was no jus alluvionis in the 
 case of agri limitati. (Dig. 40. tit. I. s. 16 ; com- 
 pare Aggenus Urbicus, in S. J. Frontin. Comment. 
 De AUiLvvjne.^ Cireumlurio difters from alluvio in 
 this, that the whole of the land in question is sur- 
 rounded by v/ater, and subject to its action. Cicero 
 (iJe Orat. i. 38) enumerates the jura allurkmum 
 and circumluvio}ium as matters included under the 
 head of causae centumrirales. 
 
 The doctrine of alluvio, as stated by Bracton in 
 the chapter De acquirendo Reram. Dominio (fol. 9), 
 is taken from the Digest (41. tit. 1. s. 7), and is 
 in several passages a copy of the words of Gains, as 
 cited in the Digest. [Ci. L.] 
 
 'AArTA, or 'AAfTA, an Attic festival, but cele- 
 brated principally at Eleusis, in honour of Demeter 
 and Dionysus, the inventors of the plough and pro- 
 tectors of the fruits of the earth. It took place 
 every year after the harvest was over, and only 
 fruits were offered on this occasion, partly as a 
 grateful acknowledgement for the benefits the hus- 
 bandman had received, and partly that the next 
 harvest might be plentiful. We leani from De- 
 mosthenes (c. Neaer. p. 1 385), that it was inilawful 
 to offer any bloody sacrifice on the day of this fes- 
 tival, and that the priests alone had the privilege 
 to oftcr the fruits. Tiie festival was also called 
 doKvaia (Hesych. s. r.), or (TvyKoixirrT-Zigta. [L. S.] 
 
 'AAOn'OT rPA<i>H', an action which might be 
 brought before the logistae (Xoyto-Tol), at Athens, 
 against all ambassadors, who neglected to pass 
 their accounts, when their term of office expired. 
 (Suid. ; Hesvch. ; Meier, Att. Process, p. 363.) 
 
 ALTA'RE. [Aka.] 
 
 ALUTA. [Calceus.] 
 
 'AAT'TAI, persons whose business it was to 
 keep order in the public games. They received 
 their orders from an d^indgxv^, who was himself 
 under the direction of the agonothetae, or hellenodi- 
 cae. They are only found at Olympia ; in other 
 places, the same office was discharged by the 
 p.aa'Tiyo<p6goi. [P. S.] 
 
 AMANUENSIS, or AD M.\NUM SERVUS, 
 a slave, or freedman, whose office it was to write 
 letters and other things under his master's direc- 
 tion. The amanuensis must not be confounded 
 
 D 2 
 
36 
 
 AMBITUS. 
 
 AMBITUS. 
 
 with another sort of slaves, also called ad manum 
 servi, who were always kept ready to he emploj'ed 
 in anv business. (Suet. C(«'s. 74 ; Aiui- C7 ; Net: 
 44 ; Tif. .3 ; Vcsp. 3 ; Cic. Be Oral. iii. 60. 225 ; 
 Pifinori, n<- Scrris, 1U9.) [P. S.] 
 
 'AMAPTfNeiA, or 'AMAPT'SIA, a festival of 
 Artemis Amarynthia, or Amarysia, celebrated, as 
 it seems, originaUy at Amaryuthus in Euboea, 
 with extraordinary splendour ; but it was also so- 
 lemnized in several places in Attica, such as Ath- 
 mone (Pans. i. 31. s. 3) ; and the Athenians held a 
 festival, as Pausanias says, in honour of the same 
 goddess, in no way less brilliant than that in 
 Euboea. (Hesych. s. v. ^Afiagiia-ia.) The festival 
 in Euboea was distinguished for its splendid pro- 
 cessions ; and Strabo himself (x. 1. p. 324. edit. 
 Tauchnitz.) seems to have seen, in the temple of 
 Artemis Amarynthia, a column on which was re- 
 corded the splendour with which the Eretrians at 
 one time celebrated this festival. The inscription 
 stated, that the procession was formed of three 
 thousand heavy-armed men, six hundred horsemen, 
 and sixty chariots. (Compare Scliol. on Pind. Ol. 
 xiii. sub fin.) [L. S.] 
 
 AMBARVA'LIA. [Arvalks Fratres.] 
 AMBILUS'TRIUM. [Lustrum.] 
 AM'BITUS, which literally signihes " a going 
 about," Kinnot, perhaps, be more nearly expressed 
 than by our word canrassiiig. After the plebs 
 had fanned a distinct class at Rome, and when tlie 
 whole body of the citizens had become very greatly 
 increased, we frequently read, in the Roman 
 writris, of the great efforts which it was necessary 
 fur candidates to make, in order to secure the 
 votes of the citizens. At Rome, as in every com- 
 munity into which the element of popular election 
 enters, solicitation of votes, and open or secret in- 
 fluence and bribery, were among the means by 
 which a candidate secured his election to the offices 
 of state. 
 
 Whatever may be the authority of the piece in- 
 titled " Q. Ciceronis de Petitione Consulatus ad M. 
 Tullium Fratrem," it seems to present a pretty fair 
 picture of those arts and means, by which a candi- 
 date might lawfully endeavour to secure the votes 
 of the electors, and also some intimation of those 
 means which were not lawful, and which it was the 
 object of various enactments to repress. As the 
 tenns which relate to tlie canvassing for public 
 places often occur in the Roman writers, it may be 
 convenient to mention the principal among them 
 here. 
 
 A candidate was called /WiVor ; and his opponent 
 with reference to him, minjietUi)): A candidate 
 (caiididulus) was so called from his appearing in the 
 public places, sucli as the fora and Campus Mar- 
 tius, before his fellow-citizens, in a whitened toga. 
 On such occasions, the candidate was attended by 
 his friends (dcdm torcx), or folhiwed by the poorer 
 citizens {sriiii/nn-s), who could in no other manner 
 show their will or give their assistance. (Cic. 
 
 Pro JMiiniiii, c. 34.) Tlu^ word ussii/iiitua ex- 
 pressed both the continual presence of the candi- 
 date at Rome, and his continual solicitations. The 
 candidate, in going his rounds or taking his walk, 
 was accompanied by a ?wm('richitii>; who gave him 
 the names of such persons as he might meet ; the 
 candidate was thus cnal)led to address them by 
 their name, an indirect compliment which could 
 not fail to be generally gratifying to the electors. 
 The candidate accompanied his addfess with a 
 
 shake of the hand [prensa/io). The term henif/ni- 
 tas comprehended generally any kind of treating, 
 as shows, feasts, &c. Candidates sometimes left 
 Rome, and visited the coloniae and municipia, in 
 which the citizens had the sufl'rage ; thus Cicero 
 proposed to visit the Cisalpine towns, when he was 
 a candidate for the consulship. {Cic. Ad Attic, i. 1.) 
 
 That ambitus, which was the object of several penal 
 enactments, taken as a generic tenn, comprehended 
 the two specii's, — ani//i/us and larf/itiom:i (bribery). 
 Li/tcivlitax and Imiiiyjiitas are opposed by Cicero, as 
 things allowable, to ambituit and Uin/ifio, as things 
 illegal. (Cic. De Orat. ii. 25 ; and compare Pro 
 Murena^ c. 36.) Money was paid for votes ; and 
 in order to insure secrecy and secure the elector, 
 persons called interpretes were employed to make 
 the bargain, seqitestres to hold the money till it was 
 to be paid (Cic. Pro Cbieiitw. 26), and dirisores to 
 distribute it. (Cic. Ad Attic, i. 16.) The offence 
 of ambitus was a matter which belonged to the 
 judicia publica, and the enactments against it were 
 mmierous. One of the earliest, though not the 
 earliest of all, the Lex Aemilia Baebia (b. c. 182) 
 was specially directed against lare/itiones. The Lex 
 Cornelia Fulvia (b. c. 15!)) punished the offence 
 with exile. The Lex Acilia Calpurnia (u. c. 67) 
 imposed a line on the offending Jiarty, with exclu- 
 sion from the senate and all public offices. The 
 Lex TuUia (b. c. 63), passed in the consulship of 
 Cicero, in addition to the penalty of the .\cilian 
 law, intlicted ten years' exilium on the offender ; 
 and, among other things, forbade a person to exhi- 
 bit gladiatorial shows {ijladiatores dare) within any 
 two j'ears in which he was a candidate, tniless he 
 was retpiired to do so, on a fixed day, by a testa- 
 tor's will. (Cic. In Valinium, 15.) Two years af- 
 terwards, the Lex Aufidia was passed, by which, 
 among other things, it was provided that, if a can- 
 didate promised (pronuiitiarit) money to a tribe, 
 and did not pay it, he should be unpunished ; but if 
 he did pay the monej', he should further ])ay to 
 each tribe (annually ?) 3000 sesterces as long as he 
 lived. This enactment occasioned the witticism of 
 Cicero, who said that Clodius observed this law 
 hy anticipation ; for he promised, but did not pay. 
 (Cic. Ad Attic, i. Ifi.) The Lex Licinia (b. c. 
 5H) was specially directed against the offence of 
 sodalitium, or the wliolcsale bribery of a tribe by 
 gifts and treating (Cic. Pro Cn. Planci», 15) ; and 
 another lex, passed (b. c. 52) when Ponipey was 
 sole consul, had for its object the establishment of 
 a speedier course of proceeding on trials for amlji- 
 tus. All these enactments failed in completely ac- 
 complishing their object. That which no law ccmld 
 suppress, so long as the old popular forms retained 
 any of their pristine vigour, was accomplished by 
 the imperial usurpation. J. Caesar, when dictator, 
 nominated half the candidates for public ottices, ex- 
 cept the candidates for the considship, and notified 
 his ]ileasure to the tribes by a civil circular ; the 
 populus chose the other half. (Suet. Caex. 41.) 
 The Lex .Julia de Anibitu was passed in the time 
 of Augustus ; but the offence of ambitus, in its 
 proper sense, soon disappeared, in consequence of 
 all elections being transferred from the comitia to 
 the senate, which Tacitus, in speaking of Tiberius, 
 brietly expressed thus : — "The comitia were trans- 
 ferred fioin the campus to the patres," 
 
 Wliile the choice of candidates was thus partly in 
 the hands of the senate, bribery and corrui>ti()n 
 stiU iniluenced the elections, though the name of 
 
AMBURBIUM. 
 
 AMENTUM. 
 
 37 
 
 ambitus was, strictly speaking, no longer applica- 
 ble. But in -a short time, the appointment to pub- 
 lic offices was entirely in the power of the empe- 
 rors ; and the magistrates of Rome, as well as the 
 populus, were merely the shadow of that which had 
 once a substantial form. A Roman jurist, of the 
 imperial period (iModestinus), in speaking of the 
 Julia Lex de Ambitu, observes, " This law is now 
 obsolete in the cit}-, because the creation of ma- 
 gistrates is the business of the princeps, and does 
 not depend on the pleasure of the populus ; but 
 if any one in a municipium should otfend 
 against this law in canvassing for a sacerdotiura or 
 raagistratus, he is punished, according to a senatus 
 consultum, with infamy, and subjected to a penalty 
 of 100 aurei." (Dig. 48, tit. 14.) 
 
 The trials for ambitus were numerous in the 
 time of the republic. The oration of Cicero in 
 defence of L. Murena, who was charged with am- 
 bitus, and that in defence of Cn. Plancius, who was 
 charged with that offence specially called sodali- 
 iium, are both extant. (Sigonius, De Aniupio Jure 
 Pop. Rom. p. 545.) [G. L.] 
 
 'AMBAn'2En5 rPA<i>H', an action brought in 
 the Atlicnian courts, against an individual who 
 had procured the abortion of a male child by means 
 of a potion {d/xSKaiBgiSiov). The loss of a speech 
 of Lysias on this subject has deprived us of the 
 opinions of the Athenians on this crime. It does 
 not appear, however, ta have been looked upon as 
 a capital offence. (Meier, Att. Process, p. 310.) 
 
 Among the Romans this crime (partus abuctio, 
 OT ahoiius procurutif)) svem% to have been originally 
 unnoticed by the laws. Cicero relates that, when 
 he was in Asia, a woman, who had procured the 
 abortion of her offspring, was punished with death 
 (Pro Chient. c. 11); but this does not appear to 
 have been in accordance with the Roman law. 
 Under the emperors, a woman who had procured 
 the abortion of her own child was punished with 
 exile (Dig. 47. tit. 11. s. 4 ; 48. tit. 8. s. 8 ; tit. 
 19. s. 39) ; and those who gave the potion which 
 caused the aliortion, were condemned to the mines 
 if of low rank ; or were banished to an island, 
 with the loss of part of their property, if they 
 were in respectable circumstances. (Dig. 48. tit. 19. 
 E. 38. § 5. ) 
 
 'AMBPO'SIA, festivals observed in Greece, in 
 honour of Dionysus, which seem to have derived 
 their name from the luxuries of the table, or from 
 the indulgence of drinking. According to Tzetzes 
 on Hesiod (Op. et D. v. 504) these festivals were 
 solemnized in the month of Lenaeon, during the 
 vintage. [L. S.] 
 
 AM'BROSIA (dfiSpocr'ta), the food of the gods, 
 which conferred upon them eternal youth and im- 
 mortalit}-, and was brought to Jupiter by pigeons. 
 (Od. V. 93 ; xii. 63.) It was also used by the 
 gods for anointing their body and hair (//. xiv. 
 170) ; whence we read of the ambrosial locks of 
 Jupiter C dfiSo6(Tiai xairoi, II. i. 529). 
 
 AMBUR'BIUM,or AMBURBIA'LE, a sacri- 
 fice which was pcrfonned at Rome for the purifica- 
 tion of the city, in the same manner as the ambar- 
 valia was intended for the purification of the coun- 
 trj'. The victims were carried through the whole 
 town, and the sacrifice was usually performed when 
 any danger was apprehended in consequence of the 
 appearance of prodigies, or other circumstances. 
 (Obsequ. De Produj. c. 43 ; Apul. Metamnrph. iii. 
 ab init. p. 49, Bipont. ; Lucan. i. 593.) Scaliger 
 
 supposed that the amburbium and ambarvalia were 
 the same, but their difference is expressly asserted 
 by Servius (Ad. fin/. Eel. iii. 77 ), and Vopiscus 
 {amiiurhiujn eiMiruluiii, amharralia prominsn; 
 Aurei c. -20). 
 
 'AMEAI'OT AI'KH, an action mentioned by 
 Hcsychius, wliich appears to have beeJi brought by 
 a landlord against his tenant, for the same reason 
 as the dyfaigyiov Si'/cr; : at least we have no infi)r- 
 mation of the difference between them, though 
 it is probable that some existed. ['AFEnPn'OT 
 AI'KH.] 
 
 AMEN'TUM, a leathern thong, either applied 
 for fastening the sandal to the foot, or tied to the 
 middle of the spear, to assist in throwing it. 
 
 The thong of the sandal is more frequently 
 called corriyui, h'</u/<t, or lorum ; so that ameiifujii 
 is commonly employed in the latter of the two sig- 
 nifications above expressed : c. ;/., 
 
 " Intendunt acres arcus, amentaque torquent." 
 
 Virg. Aen. ix. 665. 
 " Amentum digitis tende prioribus, 
 Et totis jaculiim dirige viribus." 
 
 Seneca, Hippol. ii. 
 We are not informed how the amentum added 
 to the effect of throwing the lance ; perhaps it was 
 by giving it rotation, and hence a greater degree of 
 steadiness and directness in its flight, as in the 
 case of a ball, shot from a ritle-gun. This supposi- 
 tion both suits the expressions relative to the in- 
 sertion of the fingers, and accounts for the frequent 
 use of the verb torquere, to whirl, or twist, in con- 
 nection with this subject. Compare the above- 
 cited passage of Virgil with such as the following : 
 Ainndatas Jiastas torijuehit. (Cic. De Oral. i. 57.) 
 " Inserit amento digitos, nec plura locutus 
 In juvenem torsit jaculum." 
 
 Ovid, Met. xii. 321. 
 In the annexed figure, taken from Sir W. 
 Hamilton's Etruscan Vases (iii. pi. 33), the amen- 
 tum seems to be attached to the spear at the cen- 
 tre of gravity, a little above the middle. [J. Y.] 
 
 ] 
 
38 
 
 AMPHICTYONS. 
 
 AMPHICTYONS. 
 
 AMIC'TUS, dim. AMICULUM. 
 
 The verb amicire is commonly opposed to i/i- 
 diiere, the former being applied to the putting on 
 of the outer garment, the pallium, laena, or toga 
 (ifxariov, (papos) ; the latter, to the putting on of 
 the inner garment, the tunic (x'tcuv). Graeco 
 pullio ainkius (Plin. Ej>. iv. 11). Vdis amktos, iioii 
 loi/ii (Cic. Cat. ii. 10). In consequence of this dis- 
 tinction, the verbal nouns, umietus and imlutus, 
 even without any further denomination of the dress 
 being added, indicate respectively the outer and 
 the inner clothing. (See TibuU. i. 9. 13 ; Nep. 
 Cimon. iv. 2 ; Dat. iii. 2 ; Virg. Ai-n. iii. 545, v. 
 421, compared with Apol. Rhod. ii. 30 ; Val. Max. 
 v. 2, compared with Aelian. V. H. iv. 5.) Tlie Ass 
 says, in Apuleius (^Met. viii.), Deam, Serico con- 
 tectam umiculo, mild geretidam iinponuiit, meaning, 
 " They place on me the goddess, covered with a 
 small silken scarf." The same author says, that 
 the priests of the Egyptians used linen indutui et 
 ainictui ; i. e., both for their inner and outer 
 clothing. 
 
 In Greek amicire is expressed by dp.(\)iivvvadai, 
 afjLirixmGai, firiSdWeaSai, irepiSdWecrOai : and 
 indiwrc by ivSvveiv. Hence came dp-v^x^vT], 
 iiriS\r\iia and eiriSoAaiof, ireplS^TOfia and irepi- 
 €6\aiov, an outer gannent, a sheet, a shawl ; 
 and iySufia, an inner ganuent, a tunic, a shirt. 
 When Socrates was about to dip, his friend 
 ApoUodorus brought him both the inner and the 
 outer garment, each being of great excellence and 
 value, in order that he might put them on before 
 drinking the hemlock : 7j|iou (vSiivra avTov tov 
 
 ouToi iriilv lb (pdpfxaKov l^lSXiaw. V.H. \. IG). [J.Y.] 
 "AMMA, a Greek measure of length, equal to 
 forty irrjxfs (cubits), or sixty iroSes (feet) ; that 
 is twenty yards 8'1 inches English. It was used 
 in measuring land. (Vievo,De Mensuris.) [P.S.] 
 
 'AM<i>IAPA'r'A, games celebrated in honour of the 
 ancient hero Araphiaraus, in the neighbourhood of 
 Oropus, where he had a temple with a celebrated 
 oracle. (Schul. on Find. 01. vii. 154.) [L. S.] 
 
 AMPHICTYONS. Institutions caUed Am- 
 phictyonic appear to have existed in Greece from 
 time immemorial. Of their nature and object 
 history gives us only a general idea ; but we may 
 safely believe them to have been associations of 
 originally neighbouring tribes, fonned for the re- 
 gulation of mutual intercourse, and the protection 
 of a common temple or sanctuary, at which the 
 representatives of the different members met, both 
 to transact business and celebrate religious rites 
 and games. This identity of religion, coupled 
 with near neighbourhood, and that too in ages of 
 remote antiquity, implies in all probability a cer- 
 tain degree of affinity, which might of itself pro- 
 duce unions and confederacies amongst tribes so 
 situated, regarding each other as members of the 
 same great family. They would thus preserve 
 among themselves, and transmit to their children, 
 a spirit of nationality and brotherhood ; nor could 
 any better means be devised than the bond of a 
 common religious worship, to counteract the hostile 
 interests which, sooner or later, spring up in all 
 large societies. The causes and motives from 
 which we might expect such institutions to arise, 
 existed in every neighbourhood ; and accordingly 
 we find many Amphictyons of various degrees of 
 iniportiince, though our information respecting 
 them is very dclicient. 
 
 Thus we learn from Strabo. that there was one 
 of some celebrity whose place of -meeting was 
 a sanctuary of Poseidon (Miiller, Dorians, book ii. 
 c. 10. s. 5 ; Strabo, viii. 6) at Calauria, an ancient 
 settlement of the lonians in the Saronic Gulf. The 
 original members were Epidaurus,Hermaeum, Nau- 
 plia, Prasiae in Laconia, Aegina, Atliens, and the 
 Boeotian Orchomenus (Thirlwall, H. G. vol. i. p. 
 375) ; whose remoteness from each other makes it 
 difficult to conceive what could have been the mo- 
 tives for forming the confederation, more especially 
 as religious causes seem precluded liy the fact, that 
 Troezen, though so near to Calauria, and though 
 Poseidon was its tutelar\^ god, was not a member. 
 In after times, Argos and Sparta took the place of 
 Nauplia and Prasiae, and religious ceremonies were 
 the sole object of the meetings of the association. 
 There also seems to have been another in Argolis 
 (Strabo, /. c.) distinct from that of Calauria, the 
 place of congress being the 'Hpatov, or temple of 
 Hera. Delos (MUller, book ii. c. 3. s. 7 ; Call. 
 Htfmn. 325), too, was tlie centre of an Amphic- 
 tyony — the religious metropolis, or 'icrrir) vriaa>v 
 I of the neighbouring Cyclades, where deputies and 
 [ embassies (deoipoY) met to celebrate religious 
 solemnities, in honour of the Dorian Apollo, and 
 apparently without any reference to political ob- 
 jects. 
 
 Nor was the system confined to the mother 
 countrj^ ; for the federal unions of the Dorians, 
 lonians, and Aeolians, living on the west coast of 
 Asia Minor, seem to have been Amphictyonic 
 in spirit, although modified by exigencies of 
 situation. Their main essence consisted in keep- 
 ing periodical festivals in honour of the acknow- 
 ledged gods of their respective nations. Thus the 
 Dorians (Herod, i. 144) held a federal festival, 
 and celebrated religious giunes at Triopium, uniting 
 with the worship of their national god Apollo 
 that of the more ancient and Pelasgic Demeter. 
 The lonians met for similar purposes, in honour of 
 the Heliconian Poseidon* at Mycale, — their place of 
 assembly being called the Panionium, and their 
 festival Panionia. The twelve towns of the 
 Aeolians assembledat Gryneum, in honour of Apollo. 
 That these confederacies were not merely for offen- 
 sive and defensive purposes, may be inferred fi'om 
 tlieir existence after the subjugtition of these colonies 
 by Croesus ; and we know that Halicaniassus was 
 excluded from the Dorian union, merely because one 
 of its citizens had not made the usual offering to 
 Apollo of the prize he had won in the Triopic 
 contests. A confederation somewhat similar, but 
 more political than religious, existed in Lycia 
 (Strabo, xiv. 3) : it was called the " Lycian 
 S3'stem,''' and was composed of twenty-three cities. 
 
 But besides these and others, there was one 
 Amp'.iictyony of greater celebrity than the rest, 
 and much more lasting in its duration. This was 
 by way of eminence called the Amphictyonic 
 league ; and by tracing its sphere of action, its 
 acknowledged duties, and its discharge of them, we 
 shall obtain more precise notions of such bodies in 
 general. This, however, differed from the other asso- 
 ciations in having two places of meeting, the sanctu- 
 aries of two divinities ; which were the temple of 
 Demeter, in the village of Anthela, near Thermopylae 
 
 * Poseidon was the god of the lonians, as 
 Apollo of the Dorians. — Muller, book 2. c. 10. 
 s. 5 ; Strabo viii. 7. 
 
AMPHICTYONS. 
 
 AMPHICTYONS. 
 
 39 
 
 (Herod.vii. 200), where the deputies met in autunm ; 
 and that of" Apollo at Delphi, where they assembled 
 in spring. The connection ofthis Amphictyoii_v with 
 the latter not only contributed to its dignity, but 
 also to its permanence. With respect to its early 
 history, Strabo (ix. 2S'J) says, that even in his 
 days it was impossible to learn its origin. We 
 know, however, that it was originally composed of 
 1 twelve tri//cs (not cities or sUites, it must be ob- 
 served), each of which tribes contained various in- 
 dependent cities or states. \V'e learn from Aes- 
 chines (De F. L. 1 i2. Bekker), a most competent 
 authority (b. c. 34.'i), that eleven of these tribes 
 were as follows : — The ThessiJians, Boeotians (not 
 Thebans only), Dorians, lonians, Perrhaeljians, 
 Magnetes, Locrians, Uetiieans or Oenianians, 
 Phthiots or Achaeans of Phthia, JNIalians, and 
 Phocians ; other lists leave us in doubt whether 
 the remaining tribe were the Dolopes or Delphians ; 
 but as the Delphians could h;mlly be called a dis- 
 tinct tribe, their nobles appearing to have been 
 Dorians, it seems prol)able that the Dolopes were 
 originally members, and afterwards supplanted by 
 the Delphians. (Titmann, p. 39.) The pre- 
 ponderance of Thessalian tribes proves the 
 antiquity of the institution ; and the fact of 
 the Dorians st<inding on an equality with 
 such tribes as the Malians, shows tliat it must 
 have existed before the Dorian conquest, wliich 
 originated several dates more powerful, and there- 
 fore more likely to have sent their respective 
 deputies, than the tribes mentioned. 
 
 We also learn from Aeschines that each of these 
 tribes had two votes in congress, and tliat deputies 
 from such towns as (Dorium and)* C'ytinium had 
 equal power with the Lacedaemonians, and that 
 Eretria and Priene, Ionian colonies, were on a par 
 with Athens (iVoi|/7)<|)0( rois ' \6rivaiois). It seems, 
 therefore to follow, either that eacli Amphictyonic 
 tribe had a cycle (Strabo, Lx. c. 3), according to 
 which its component states returned deputies, or 
 that the vote of the tribe was determined by a 
 majority of votes of the different states of that 
 tribe. The latter supposition might explain the 
 fact of their being a larger and smaller assembly — 
 a iSoi/Ari and iKKh-qaia — at some of the congresses, 
 and it is confinned by the circumstance that there 
 was an annual election of deputies at Athens, un- 
 less this city usurped fmictions not properly its 
 own. 
 
 The council itself was composed of two classes 
 of representiitives, one called pylagorae, the other 
 hieromneraones. Of the former, three were an- 
 nually elected at Athens to act with one hiero- 
 mnemon appointed by lot. ( Aristoph. Nubes, v. 607.) 
 That his office was highly honourable we may in- 
 fer from the oath of the'IIeliasts (Demos. c.TVmocr. 
 170. Bekker), in which he is mentioned with the 
 nine ;irchons. On one occasion we find that the 
 president of the council was a hieromnemon, and 
 that he was chosen general of the Amphictyonic 
 forces, to act against the Amphissians. (Aesch. 
 De F. i.) Hence it has been conjectured that the 
 hieromnemones, also called Ugoygaixfiare^s, were 
 superior in rank to the pylagorae. (Titmann, 
 IV. 4.) Aeschines also contrasts the two in 
 such a way as to warrant the inference that the 
 former office was the more permanent of the two. 
 
 * There is a doubt about the reading. — See 
 Thuc. iii. 95 ; Strabo ix. 4. 
 
 Thus he says,* " When Diognetus was hieronnie- 
 mon, ye chose me and two others pylagorae." Hethen 
 contrasts " the hieronniemon of the Athenians with 
 the ])ylagorac for the time being." Again, we find 
 inscrii)tionsf containing surveys by the hieromne- 
 mones, as if they formed an executive ; and that 
 the council concluded their proceedings on one oc- 
 casion (Aesch. c. (Vc.v. 124. Bekker), by resolving 
 that there should be an extraordinary meeting 
 previously to the next regular assembly, to which 
 the hieromnemones should come with a decree to 
 suit the emergency, just as if they had been a 
 standing committee. Their name implies a more 
 immediate connection with the temple, I)ut whether 
 they voted or not is only a matter of conjecture ; 
 probably they did not. Tlie eKKAriala, or general 
 assembly, included not only the classes mentioned, 
 but also those who had joined in the sacrifices and 
 were consulting the god. It was convened on ex- 
 traordinary occasions by the chainnan of the 
 ccmncil ('O rets yvdiJ.o.s evi'^rjifi^cov. Aeschines, 
 c. Ore. 124). 
 
 Of the duties of this latter body, nothing will 
 give us a clearer view than the oaths t;iken and 
 the decrees made. The oath was as follows 
 (Aesch. De F. L. 121) : — " They would destroy 
 no cit3' of the Amphictyons, nor cut off their 
 streams in war or peace ; and if any should do so, 
 they would march against him and destroy his 
 cities ; and should any pillage the property of the 
 god, or be privy to or plan anything against what 
 was in his temple (at Delphi), they would take 
 vengeance on him with hand and foot, and voice, 
 and all their might." There are two decrees given 
 by Demosthenes, both commencing thus (Demos. 
 De Cur. 191). Bekker): — "When Cleinagoras was 
 priest, at the spring meeting, it was resolved by 
 the pylagorae and their assessors, and the general 
 body of the Amphictyons," &c. The resolution in 
 the second case was, that as the Amphissians con- 
 tinued to cultivate the sacred district, Philip of 
 Macedon should be requested to help Apollo and 
 the Amphictyons, and was thereby constituted 
 absolute general of the Amphictyons. He ac- 
 cepted the office, and soon reduced the offending 
 city to subjection. From the oath and the decrees, 
 we see that the main duty of the deputies was the 
 preservation of the rights and dignity of the 
 temple at Delphi. We know, too, that after it 
 was burnt down (b. c. 54!!), they contracted with 
 the Alcmaeonidae for the rebuilding (Herod, ii. 
 180) ; and Athenaeus (b. c. IGO) infonns usj that 
 in other matters connected with the worship of the 
 Delphian god they condescended to the regtda- 
 tion of the minutest trifles. History, moreover, 
 teaches that if the council produced any palpable 
 effects, it was from their interest in Delphi ; and 
 though it kept up a standing record of what ought 
 
 * Contra Ciesiphcm.Wa. Bekker. The Scholiast 
 on Aristoph. NuLes, says, " that the hieromnemon 
 was elected for life." This is the opinion of 
 Titmann, Ueher den bund der Amphkiyonen. 
 Vide Schbmann, On ilie Assemblies, &c. p. 270. 
 trans!. 
 
 f Bockh. Corpus Inscnptionum, No. 1711, 
 quoted by Muller. 
 
 X iv. 173. 'O Tuv'AfKpiKTvSvav vonos KeXfvuv 
 xiSwp -iraplx^^" eAeoSiiraj, This seems to refer to 
 the Delians only. 
 
40 
 
 AMPHICTYONS. 
 
 AMPHICTYONS. 
 
 to have been the international law of Greece, it 
 sometimes acquiesced in, and at other times was a 
 party to, the most iniquitous and cruel acts. Of 
 this the case of Criss;i is an instance. This town 
 lay on tlie Gulf of Corinth, near Delphi, and was 
 much frequented by pil-jrims from the West.* 
 The Crissaeans were charged by the Delphians with 
 undue exactions from these strangers. Tlie council 
 declared war against them, as guilty of a wrong 
 against the god. The war lasted ten years, till, at 
 the suggestion of Solon, the waters of the Pleistus 
 were turned off, then poisoned, and turued again 
 into the city. The besieged drank their fill, and 
 Crissa was soon razed to the ground ; and thus, 
 if it were an Amphictyonic city, was a solemn 
 oath doubly violated. Its territory — the rich 
 Cirrhaean plain — was consecrated to the god, and 
 curses imprecated upon whomsoever should till or 
 dwell in it. Thus ended the First Sacred War (B.C. 
 585), in which the Athenians were the instruments 
 of Delphian vengeance. (Paus. x. 37. s. 4.) The 
 Second, or PhocianWar (B.c. .350), was the most im- 
 portant in which the Amphictyous were concerned 
 (Thirlwall, of Greece, vol. v. p. 263—372) ; 
 
 and in this the Thebans availed themselves of the 
 sanction of the council to take vengeance on their 
 enemies, the Phocians. To do this, however, it 
 was necessary to call in Philip of Macedon, who 
 readily proclaimed himself tlie champion of Apollo, 
 as it opened a pathway to his own ambition. The 
 Phocians were subdued (u. c. 34()), and tlie coun- 
 cil decreed that all their cities, except Abac, should 
 be razed, and the inhabitiints dispersed in villages 
 not containing more than fifty inhabitants. Their 
 two votes were given to Phdip, who thereby 
 gained a pretext for interfering with the affairs of 
 Greece ; and also obtained the recognition of his 
 subjects as Hellenes. To the causes of the Third 
 Sacred War allusion has been made in the decrees 
 quoted by Demosthenes. The Ainphissians tilh'd 
 the devoted Cirrhaean plain, and behaved, as Strabo 
 (ix. 3) says, worse than the Crissaeans of old 
 {■xe'ipovs iiaav irepl tovs ^evovs). Their submis- 
 sion to Philip was immediately followed by the 
 battle of Chaeronea (b. c. 338), and the extinction 
 of the independence of Greece. In the following 
 year, a coiigiess (jf the Amphictyonic states was 
 held ; in which war was declared as if by united 
 Greece against Persia, and Philip elected com- 
 mander-in-chief. On this occasion the Amphicty- 
 ous assumed the character of national representa- 
 tives as of old,t when they set a price upon the 
 head of Ephialtes, for his treason to Greece at 
 Thermopylae. 
 
 We have sufficiently shown that the Amphic- 
 tyous themselves did not observe the oaths they 
 took ; and that they did not much alleviate tlie 
 horrors of war, or enforce what tliey had sworn to 
 do, is proved by many instances. Thus, for in- 
 stance, Mycenae was destroyed by Argos (b. c. 
 535), Tliespiae and Plataea by Thebes, and 
 Thebes herself swept from the face of the earth liy 
 Alexander {(k ixeurjs rris 'EWdSos dv-qpirdaBri, 
 .ffischiii. c. Ctesiplioii). Indeed, we may infc'r from 
 Thucydides (i. 112), that a few years before the 
 
 * Acschines (c. Ctes. 125), gives the whole history. 
 In early times, Crissa and the temple were one 
 state. Midler, Durians. 
 
 ■j- Herodotus (vii. 214), speaks of the Amphic- 
 tyons as, oi tCiv 'EAAijcwv XlvXaydpoi. 
 
 Peloponnesian war, the council was a passive spec- 
 tator of what he calls 6 Uqos voKefios when the Lace- 
 daemonians made an expedition to Delphi, and put 
 the temple into the hands of the Delphians, the 
 Athenians, after their departure, restoring it to the 
 Phocians ; and yet the council is not mentioned as 
 interfering. It will not be profitable to pursue its 
 history further ; it need only be remarked, that 
 Augustus wished his new city, Nicopolis (a. d. 
 31), to be enrolled among the members ; and that 
 Pausanias, in the second century of our era, men- 
 tions it as still existing, but deprived of all power 
 and influence. In fact even Demosthenes {Dc 
 Pace) spoke of it as the sliadow at Delphi (t) 4v 
 A6A.(|)o?s (TKia). 
 
 After these remarks, wo may consider two 
 points of some interest ; and first, the etymology 
 of the word Araphictyon. We are told (Harpocrat. 
 Amp/iicli/on ; see Mauss. notes) that Theo- 
 ponipus thought it derived from the name of 
 Amphictyon, a prince of Thessaly, and the sup- 
 posed author of the institution. Others, as 
 Anaximenes of Lampsacus, connected it with the 
 word d/j-cpiKTioves, or neighliours. Very few, if 
 any, modern scholars, doubt that the latter view is 
 correct ; and that Amphictyon, with Hellen, Dorus, 
 Ion, Xuthus, Thessalus, Larissa the daughter of 
 Pelasgus, and others, are not historical, but mythic 
 personages, — the representatives, or poetic personi- 
 fications, of their alleged foundations, or offspring. 
 As for Amphictyon (Thirlwall, Hist. (Hi: vol. i. p. 
 273), it is too marvellous a coincidence that his 
 name should be significant of the institution itself ; 
 and, as he was the son of Deucalion and Pyrrha, it 
 is difficult to guess of whom his council consisted. 
 True it is, that he also appears in Athenian his- 
 tory {Phil. Mils. vol. ii. p. 359) ; but very little is 
 said of him ; and the company he keeps there, 
 though kingly, is far from historical. Besides, 
 though Herodotus (i. 56) and Thucydides (i. 3) 
 had the opportunity, they yet make no mention of 
 him. We may conclude, therefore, that the word 
 should be written aniphictiony,* from dfiipiKrioves, 
 or tliose that dwelt around some particular locality. 
 
 The next question is one of greater difficulty ; 
 it is this: — Where did the association origin- 
 ate ? — were its meetings first held at Delphi, or 
 at Thermopylae ? There seems to us a greater 
 amount of evidence in favour of the latter. In 
 proof of this, we may state the preponderance of 
 Thessalian tribes from the neighliourhood of the 
 Maliac bay, and the comparative insignificance of 
 many of them ; the assigned birthplace and resi- 
 dence of the mythic Amphictyon, the names 
 Pylagorae and Pylaea. Besides, we know that 
 Thessaly was the theatre and origin of many of 
 the most important events of early Greek history : 
 whereas, it was only in later times, and after the 
 Dorian conquest of Peloponnesus, that Delphi be- 
 came important enough for the meetings of such a 
 body as the Amphictyonic ; nor if Delphi had 
 been of old the only place of meeting, is it easy to 
 account for what must have been a loss of its 
 ancient dignity. But whatever was the ciiuse, we 
 have still the fact, that there were two places of 
 congi'ess ; to account for which, it has been sup- 
 posed that there were originally two confedera- 
 tions, afterwards united by the growing power of 
 
 * Thus Pindar (Nem. 6. v. 42), 'Ev dfi<(>iKTi6ywv 
 Tavpo<p6i'ci> rpterripiSi : see Bcickh ad locmu. 
 
'AM*IAPO'MIA. 
 
 AMPHITHEATRUM. 41 
 
 Delphi, as connected with the Dorians, but still 
 retaining- the old places of meeting. We must, 
 however, admit that it is a matter of mere conjec- 
 ture whether tliis were the case or not, there being- 
 strong reasons in support of the opinion that the 
 Dorians, on migrating southwards, combined the 
 worship of the Hellenic Apollo with that of the Pe- 
 hisgian Demeter, as celebrated by the Amphictyons 
 of Thessaly. Equally doubtful is the question re- 
 specting the induence of Acrisius, king of Argos 
 {IScholia in Eurip. Orcd. 1094 ; Call. Epi(/. xli ; 
 Strabo, ix. c. 3. p. '279. edit. Tauchnitz) ; and how 
 far it is true that he first l)rought the confederacy 
 into order, and detennined other points connected 
 with the institution. (Thirlwall, Hist, of Greece, 
 c. X. xliii. ; Heeren, Pu/it. Hist. o/G'reece, c. 7 ; St. 
 Croix, Des A iicieris Gourernemetis Fedtratifs ; 
 Tittmann, Ueher den Band der Ainphidyonen ; 
 Miiller, Dorians, book II. c. iii. s. 5 ; Phil. Mus. 
 vol. i. p. 3"24 ; vol. ii. p. 360 ; Hermann, Manual 
 of the Polit. Antitp of Greta; § 11—14 ; Wach- 
 smuth, Hellenisciie Altei-thumskimde ; Niebuhr, 
 Hist, of Rome i. p. 31. trans!. [R. W— N.] 
 
 "AM^IKIfnEAAON AE'IIAS, a drinking-ves- 
 sel, often mentioned by Homer. Its form has 
 been the subject of various conjectures ; but the 
 name seems to indicate well enough what it really 
 was. KviTiWov is found separately as well as 
 in composition, and is evidently a diminutive 
 formed from the root signifying a Iiollou; which 
 we have in the (ireek KVfj.§T], and the dialectic 
 form KiiSSa (Hesych. ttottj^ioc) ; Latin, cupa ; 
 German, k-iife, kiilel ; French, cuve, conpe ; and 
 English, cup : it means, therefore, a small goblet 
 or cup. ^AfKpiKvveWos, therefore, according to 
 the analogy of dfiip'KTTOfios, aficpwTos, &c., is that 
 which has a Ku-mWov at both sides or both ends ; 
 and SfTras tt/x<|)iKU7re\Aoc is a drinking-vessel, 
 having a cup at both ends. That this was the 
 fonu of the vessel is shown by a passage in 
 Aristotle {Hist. An. 9. 40 ; or in Schneid. 9. 27. 4), 
 where he is describing the cells of bees as hav- 
 ing two openings divided by a floor " Like the 
 d/tt0((fU7r6AA.a" [ircpl jxiav yap fiaaiv 5uo &upi'Sej 
 
 7)8' 6/cTos). (Buttmann's Le.rilo()us under the 
 word.) ' [P. S.] 
 
 'AM*IAPO'MIA, or APOMIA'M*ION '"HMAP, 
 a family festival of the Athenians, at which the 
 newly bom child was introduced into the family, 
 and received its name. No particular day was 
 fixed for this solenniity ; but it did not take place 
 very soon after the birth of the child, for it was 
 believed that most children died before the seventh 
 day, and the solemnity was therefore generally de- 
 ferred till after that period, that there might be at 
 least some probability of the child remaining alive. 
 But, according to Suidas, the festival was held on 
 the fifth day, when the women who had lent their 
 assistance at the birth washed their hands. This 
 purification, however, preceded the real solemnity. 
 The friends and relations of the parents were in- 
 vited to the festival of the amphidromia, which was 
 held in the evening, and they generally appeared 
 with presents,an-iong which are mentioned the cuttle- 
 fish and the marine polyp. (Haqjocr. .s\ ?•.) The 
 house was decorated on the outside -with olive- 
 branches when the child was a boy, or with gar- 
 lands of wool when the child was a girl ; and a re- 
 past was prepared, at which, if we may judge 
 from a fragment of Ephippus in Athenaeus (p. 
 
 370), the guests must have been rather merry. 
 The child was then carried round the fire by the 
 luirse, and thus, as it were, presented to the gods 
 of the house and to the family, and at the same 
 time received its name, to which the guests were 
 witnesses. (Isaeus, De Pijrrld Havred. p. 34. s. 30. 
 Bekker.) The carrying of the child round the 
 hearth was the principal part of the solemnity, from 
 which its name was derived. But the Scholiast on 
 Aristophanes (Li/sisfr. 75H) derives the name from 
 the fact that the guests, whilst the name was given 
 to the child, walked or danced around it. This 
 festival is sometimes called from the day on which 
 it took place : if on the seventh day, it is called 
 e'gSoyiioi, or egSo/uas : if on the tenth day, SeKarri, 
 &.C. (See Hesvch. and Aristoph. Ai: 923.) [L. S.] 
 'AM4>IOPKI'A, or 'AM4>nM02I'A, is tlie oath 
 which was fciken, both by the plaintiff and defend- 
 ant, before the trial of a cause in the Athenian 
 courts, that they would speak the truth. (Ilesych. 
 Suid.) According to Pollux (viii. 10), the dficpiop- 
 Kia also included the oath which the judges took, 
 that they would decide according to the laws ; or, 
 in case there was no express law on the subject in 
 dispute, that they would decide according to the 
 principles of justice. 
 
 "AM^innOI. [De.sultores.] 
 'AM*I'nPTMNOI NH"E2, also called AI'- 
 nPnPOI, ships in which the poop and the prow 
 were so much alike, as to be applicable to the same 
 use. A ship of this construction might be consi- 
 dered as having either two poops or two prows. 
 It is supposed to have been convenient in circum- 
 stances where the head of the ship could not be 
 turned about with sufficient celerity. (SchefFer, Da 
 Militiu Navali, ii. c. .5. p. 143.) [J. Y.] 
 
 AMPHITHEA'TRUjM was a place for the 
 exhibition of public shows of combatants and 
 wild beasts, entirely surrounded by seats for 
 the spectators ; whereas, in those for drama- 
 tic performances, the seats were arranged in 
 a semicircle facing the stage. It is therefore 
 frequently described as a double theatre, con- 
 sisting of two such semicircles, or halves, joined 
 together, the spaces allotted to their orchestras be- 
 coming the inner inclosure, or area, termed the 
 arema. The form, however, of the ancient amphi- 
 theatres was not a circle, but invariably an ellipse, 
 although the circular form appears best adapted for 
 the convenience of the spectators. The first am- 
 phitheatre appears to have been that of M. Curio, 
 of which a description has been given by Pliny. 
 (Hist. Nat. xxxvi. 24. § 8.) It consisted of two 
 wooden theatres made to revolve on pivots, in such 
 a manner that they could, by means of windlasses 
 and machinery, be turned round face to face, so as 
 to fonn one building. 
 
 Gladiatorial shows were first exhibited in the 
 forum, and combats of wild beasts in the circus ; 
 and it appears that the ancient custom was 
 still preserved till the dictatorship of Julius 
 Caesar, who built a wooden theatre in the Cam- 
 pus Martins, for the purpose of exhibiting hunts 
 of wild beasts (p^arpbu KwriyeriKov), " which 
 was called amphitheatre, because it was sur- 
 rounded by scats, without a scene." (Dion Cas- 
 sius, xliii. 22.) Most of the early amphitheatres 
 were merely temporary, and made of wood ; such 
 as the one built by Nero, at Rome (Suet. Nero, c. 
 12 ; Tacit. Ann. xiii. 31) ; and that erected by Ati- 
 lius at Fidenae, during the reign of Tiberius, which 
 
42 AMPHITHEATRUM. 
 
 AMPHITHEATRUM. 
 
 gave way while the games were being perfonned, 
 and killed or injured 50,000 persons. (Taeit. A?tM. 
 iv. 6-2 ; Suet. Til>. c. 40.) 
 
 The first stone amphitheatre was built by Stati- 
 lius Taurus, at the desire of Augustus. (Suet. Oc- 
 tuv. c. "29 ; Dion, li. 23.) This building, which 
 stood in the Campus Martius, near the circus called 
 Agonale, was destroyed by fire, in the reign of 
 Nero (Dion, Ixii. 18) ; and it has, therefore, been 
 supposed that only the external walls were of 
 stone, and that the seats and other parts of the in- 
 terior were of timber. A second amphitheatre was 
 conmienced by Caligula ; but by far the most cele- 
 brated of all was the Flavian amphitheatre, after-, 
 wards called the Colisaeum, which was begun by 
 Vespasian, and finished by his son Titus, who 
 dedicated it A. D. 80, on which occasion, according 
 to Eutropius, 5000, and according to Dion, 9000, 
 beasts were destroyed. (Suet. Vesp, 9, Tit. 7 ; 
 P^utrop. vii. 21 ; Dion, Ixvi. 25.) 
 
 This immense edifice, which is even yet compa- 
 ratively entire, was capable of containing about 
 87,000 spectators, and originally stood nearly in 
 the centre of the city, on the spot previously 
 occupied by the lake, or large pond, attached 
 to Nero's palace (Suet. Nero, 31), and at no 
 very great distance from the Baths of Titus. It 
 covers altogether about five acres of ground ; and 
 tlie transverse or longer diameter of the external 
 ellipse is 615 feet ; and the conjugate, or shorter 
 one, 510 ; while those of the interior ellipse, or 
 arena, are 281 and 176 feet respectively. Where 
 it is perfect, the exterior is 1 60 feet high, and con- 
 sists of four orders, viz., Doric, Ionic, and Corin- 
 thian, in attached three-quarter colunnis (that is, 
 columns one fom'th of whose circumference appears 
 to be buried in the wall behind them), and an 
 upper order of Corinthian pilasters. With the ex- 
 ception of the last, each of these tiers consists of 
 eighty columns, and as many arches between them, 
 fonning open galleries throughout the whole cir- 
 cumference of the building ; but the fom'th has 
 windows instead of large arches, and those are 
 placed only in the alternate inter-columns, conse- 
 quently, are only forty in number ; and this upper 
 portion of the elevation has, both on that account 
 and owing to the comparative smallness of the 
 apertures themselves, an expression of greater soli- 
 dity than that below. The arches formed open 
 external galleries, with others behind them ; be- 
 sides which, there were several other galleries and 
 passages, extending beneath the seats for the spec- 
 tators, and together with staircases, affording ac- 
 cess to the latter. At present, the seats do 
 not rise higher than the level of the third order 
 of the exterior, or about half its entire height ; 
 therefore, the u])per part of the edifice appears to 
 have contributed very little, if at all, to its actual 
 capacity for accommodating spectators. Still, though 
 it has never been explained, except by conjec- 
 turing that there were upper tiers of seats and gal- 
 leries (although no remains of them now exist), we 
 must su])pose that there existed some very suffi- 
 cient reason fi)r incurring such enomous expense, 
 and such prodigal waste of material and labour be- 
 yond what utility seems to have demanded. This 
 excess of height, so much greater than was neces- 
 sary, was perhaps in some measure with the view 
 that when the building was covered in with a tem- 
 porary roofing, or awning (rcUiriun)), as a defence 
 against the sun or rain, it should seem well propor- 
 
 tioned as to height ; and also, perhaps, in order to 
 allow those who worked the ropes and other me- 
 chanism, by which the velarium was unrolled or 
 drawn back again, to ])erform those operations 
 without incommoding the spectators on the highest 
 seats. 
 
 With regard to the velarium itself nothing at all 
 conclusive and satisfactory can now be gathered ; 
 and it has occasioned considerable dispute among 
 the learned, how any temporary covering could be 
 extended over the whole of the building. Some 
 have imagined that the velarium extended only over 
 part of the building ; but independent of other ob- 
 jections, it is difficult to conceive liow such an ex- 
 tensive surface could have been sujjiiorted, along 
 the e.xtent of its inner edge or circumference. The 
 only thing wliich affords any evidence as to the 
 mode in which the velarium was fixed, is a series 
 of projecting brackets, or corbels, in the uppermost 
 story of the exterior, containing holes, or sockets, 
 to receive the ends of poles, passing through holes 
 in the projection of the cornice, and to which ropes 
 from the velarium were fixed ; but the whole of 
 the upper part of the interior is now so dismantled, 
 as to render it impossible to decide with certiiinty 
 in what manner the velarium was fixed. The 
 velarium appears usually to have been made of 
 wool, but more costly materials were sometimes 
 employed. When the weather did not peimit the 
 velarium to be spread, the Romans used broad- 
 brimmed hats or caps, or a sort of pjirasol, which 
 was called uiii/jrc/la, from umbra, shade. (Dion, lix. 
 7 ; Martial, xiv. 27, 28.) 
 
 Many other amphitheatres might be enumerated, 
 such as those of Veroiui, Nismes, Catania, Pom- 
 peii, &c. ; but as they are all nearly similar in 
 form, it is only necessary to describe certain par- 
 ticulars, so as to afford a tolerably correct idea of 
 the respective parts of each. 
 
 The interior of the amphitheatre was divided 
 into three parts, the an/iia, pMliiiin, and (jrudun. 
 The clear open space in the centre of the amphi- 
 theatre was called the arena ; because it was co- 
 vered with sand, or sawdust, to prevent the gladia- 
 tors from slipping, and to absorb the blood. The 
 size of the iu'ena was not always the same in pro- 
 portion to the size of the amphitheatre, but its 
 average proportion was one third of the shorter 
 diameter of the building. 
 
 It is not (juite clear whether the arena was no 
 more than the solid ground, or whetlier it had an 
 actual flooring of any kind. The latter opinion is 
 adopted by some writers, who suppose that there 
 must have been a soutcrrain, or vaults, at intervals 
 at least, if not throughout, beneath the arena, as 
 sometimes the animals suddenly issued apparently 
 from beneath the ground ; and nuichiner}' of dif- 
 ferent kinds was raised up from below, and after- 
 wards disappeared in the same maimer. Tliat 
 there must have been some substruction be- 
 neath the arena, in some amphitheatres at 'east, is 
 evident ; because the whole area was, upon parti- 
 cular occasions, filled with water, and converted 
 into a naumachia, where vessels engaged in mimic 
 sea-fights, or else crocodiles, and other amphibious 
 animals, were made to attack each other. Nero is 
 said to have frequently entertained the Romans 
 with spectiicles and diversions of this kind, which 
 took place immediately after the customary games, 
 and were again succeeded by them ; consequently, 
 there must have been not only an abundant supply 
 
AMPHITHEATRUM. 
 
 AMPHITHEATRUM. 
 
 43 
 
 of water, but mechanical apparatus capable of 
 pouring it in and draining it oif aguin very expedi- 
 tiously. 
 
 The arena was surrounded by a wall, distin- 
 guished by the name of ptidiiiin ; although such 
 appellation, perhaps, rather belongs to merely the 
 upper part of it, fonning the parapet, or balcony, 
 before the first or lowermost seats, nearest to the 
 arena. The latter, therefore, was no more than 
 an open oval court, surrounded by a wall about 
 eighteen feet high, measuring from the ground to 
 the top of the piU'apet ; a height considered neces- 
 sary, in order to render the spectators perfectly se- 
 cure from the attacks of the wild beasts. There 
 were four principal entrances leading into the 
 arena ; two at the ends of each axis or diameter of 
 it, to which as many passages led directly from the 
 exterior of the building ; besides secondary ones, in- 
 tervening between them, and communicating with 
 the corridors beneath the seats on the podium. 
 
 The wall or enclosure of the arena is supposed 
 to have been faced with marble, more or less 
 sumptuous ; besides which, there appears to have 
 been, in some instances at least, a sort of network 
 affixed to the top of the podium, consisting of rail- 
 ing, or rather open trellis- work of metal. From the 
 mention made of this network by ancient writers, 
 little more can now be gathered respecting it than 
 that, in the time of Nero, such netting, or whatever 
 it might have been, was adorned with gilding and 
 amber ; a circumstance that favours the idea of its 
 having been gilt metal-work, with bosses and or- 
 naments of the other material. As a further de- 
 fence, ditches, called euripi, sometimes surrounded 
 the arena. (Plin. H. N. viii. 7.) 
 
 The tenn podium was also applied to the ter- 
 race, or gallery itself, immediately above the lower 
 inclosure, and which was no wider than to be ca- 
 pable of containing two, or at the most three ranges 
 of moveable seats, or chairs. This, as being by far 
 the best situation for distinctly viewing the sports 
 in the arena, and also more commodiously accessible 
 than the seats higher up, was the place set apart 
 for senators and other persons of distinction, such 
 as the ambassadors of foreign parts (Suet. Octav. 
 44 ; Juv. Sut. ii. 143, (Sec.) ; and it was here, also, 
 that the emperor himself used to sit, in an elevated 
 place, called sM/yetdus (Suet. Jul. 76 ; Plin. Pam-;/. 
 51), or cuhkidum (Suet. Nero, 12) ; and likewise 
 the person who exhibited the g-ames, on a place 
 elevated like a pulpit or tribunal (editoris triliumd). 
 The vestal virgins also appear to have had a place 
 allotted to them in the podium. (Suet. Octav. 44.) 
 
 Above the podium were the (jrudus, or seats of 
 the other spectators, which were divided into mtwni- 
 ana, or stories. The first maenianum, consisting of 
 fourteen rows of stone or marble seats, was appro- 
 priated to the equestrian order. The seats appro- 
 priated to the senators and equites were covered 
 with cushions {puh-Ulis), which were first used in 
 the time of Caligula. (Juv. Sat. iii. 154 ; Dion, 
 lix. 7.) Then, after an interval or space, teraied 
 a pinu'cinctio, and fonning a continued landing- 
 place from the several staircases in it, succeeded 
 the second maenianum, where were the seats called 
 popularia (Suet. Domitiari. 4), for the third 
 class of spectators, or the populus. Behind this was 
 the second precinction, bounded by a rather liigh 
 wall ; above which was the thkd maenianum, 
 where there were only wooden benches for the 
 pidlali, or common people. (Suet. Odav. 44.) The 
 
 I next and last division, namely, that in the highest 
 part of the building, consisted of a colonnade, or 
 gallery, where females were allowed to witness the 
 spectacles of the amphitheatre (Suet. Ocfur. 44), 
 some parts of which were also occu])ied by the pul- 
 j lati. At the very summit was the narrow plat- 
 fonn for the men who had to attend to the vela- 
 rium, and to expand or withdraw the awnings, as 
 there might be occasion. Each maenianum was 
 not only divided from the other by the praccinctio, 
 but was intersected at intervals by spaces for pas- 
 sages left between the seats, called scaJa-e, or 
 scalaria ; and the portion between two such pas- 
 sages was called a caucus, because this space gra- 
 dually widened like a wedge, from the podium to 
 the top of the building. (Suet. Uctur. 44 ; Juv. 
 Sat. vi. 61.) The entrances to the seats from the 
 outer porticos were called romituriw ; because, says 
 Macrobius {Saturn, vi. 4), Hoiniiies ylomeralim in- 
 grcdicntcs in sedilia se fandunt. 
 
 The situation of the dens wherein the animals 
 were kept is not very clear. It has been supposed 
 that they were in underground vaults, near to, 
 if not immediately beneath the arena ; yet, ad- 
 mitting such to have been the case, it becomes 
 more difficult than ever to underst;ind how the 
 arena could have been inundated, at pleasure 
 with water ; nor was any positive information 
 obtained from the excavations made several years 
 ago in the arena of the Colisaeum. Probably 
 many of the animals were kept in dens and 
 cages within the space immediately beneath the 
 podium (marked d in the cut), in the intervals be- 
 tween the entrances and passages leading into the 
 arena, and so far a very convenient situation for 
 them, as they could have been brought immediately 
 into the place of combat. 
 
 There were in the amphitheatres concealed 
 tubes, from which scented liquids were scattered 
 over the audience, which sometimes issued from 
 statues placed in different parts of the building. 
 (Lucan, ix. 808.) 
 
 Vitruvius affords us no infoniiation whatever as 
 to amphitheatres ; and as other ancient writers 
 have mentioned them only incidentally and briefly, 
 many particulars belonging to them are now in- 
 volved in obscurity. 
 
 The annexed woodcut, representing a section, 
 not of an entire amphitheatre, but merely of the 
 exterior wall, and the seats included between that 
 and the arena, will serve to convej' an idea of the 
 arrangement of such structures in general. It is 
 that of the Colisaeum, and is given upon the au- 
 thority of Hilt ; but it is in some respects con- 
 jectural, particularly in the upper part, since no 
 traces of the upper gallery are now remaining. 
 The extreme minuteness of the scale renders it 
 impossible to point out more than the leading fonn 
 and general disposition of the interior ; therefore, 
 as regards the profile of the exterior, merely the 
 heights of the cornices of the different orders are 
 shown, wdth the figures 1, 2, 3, 4, placed against 
 them respectively. 
 
 EXPLANATIONS. 
 
 A, The arena. 
 
 p. The wall or podium inclosing it. 
 P, The podium itself, on which were chairs, or 
 
 seats, for the senators, &c. 
 M', The first maenianum, or slope of benches, for 
 
 the equestrian order. 
 M", The second maenianum. 
 
44 
 
 AMPHORA. 
 
 AMPHORA. 
 
 M'", The third maenianum, elevated considerably 
 above the preceding one, and appropriated to the 
 puUati. 
 
 W, The colonnade, or gallery, which contained 
 seats for women. 
 
 Z, The narrow gallery round the summit of the in- 
 terior, for the attendants who worked the vela- 
 rium. 
 
 pr, pr. The praeeinctiones, or landings, at the top 
 of the first and second maenianum ; in the pave- 
 ment of which were grated apertures, at inter- 
 vals, to admit light into the voniitoria beneath 
 them. 
 
 V V V V, Vomitoria. 
 
 G G G, The three extonial galleries through the 
 circumference of the building, open to the ar- 
 cades of the first three orders of the exterior. 
 </, Inner gallery. 
 
 Owing to the smallness of the cut, the situation 
 and arrangement of staircases, &.c. are not ex- 
 pressed, as such parts coidd hardly be rendered in- 
 telligible, except upon a greatly increased scale, and 
 then not in a single section, nor without plans at 
 various levels of the building. 
 
 For an account of the games of the amphithea- 
 tre, see Gladiatores. [W. H. L.] 
 
 'AM<I>I2BH'TH2I2. [Hereditas.] 
 
 'AM-tl'STOMOS. [AxroRA.] 
 
 'AM-tHMOSl'A. [AM<l>IOPKl'A.] 
 
 AM'PHORA (in Greek a.fj.(popeiis, or in the 
 full fonn, as we find it in Homer, d/x-cpupopevs, 11. 
 xxiii. 170; Od. x. 164, 204 ; Schol. to ApoU. 
 liliod. iv. 1187), a vessel used for holding wine, 
 oil, honey, &c. 
 
 The following cut represents amphorae from the 
 Townley and Elgin collections in the British 
 Museum. They ai'e of various forms and sizes ; 
 in general they are tall and narrow, with a small 
 neck, and a handle on each side of the neck 
 (whence the name, from d,u<J)!, on hotli sides ; and 
 <p(pa, to earn/), and tenninating at the bottom in 
 a point, which was let into a stand or stuck in the 
 ground, so that the vessel stood upright : several 
 amphorae have been found in this position in the 
 cellars at Pompeii. Amphorae were commonly 
 made of earthenware ; Homer mentions amphorae 
 of gold and stone, and the Egyptians had them of 
 brass ; glass vessels of this form have been found 
 at Pompeii. The name of the maker or of the 
 
 place where they were made was sometimes 
 stamped upon them ; this is the case with two in 
 the Elgin coUecrion, Nos. 238 and 344. The most 
 common use of the amphora, both among the 
 Greeks and Romans, was for keeping wine. The 
 cork was covered with pitch or gypsum, and 
 (ami>ng the Romans) a label {pittaeium) was at- 
 tached to the amphora, inscribed with the names 
 of the consuls under whom it was filled. The 
 following cut represents the mode of filling the 
 amphora from a wine cart, and is taken frcnn a 
 paintuig on the wall of a house at Pompeii. 
 
 The amphora was also used for keeping oil, 
 honey, and molten gold. A remarkable discovery 
 made at Salona, in 1825, proves that amphorae 
 were used as coffins. They were divided in half 
 in the direction of the length in order to receive 
 the remains, and the two halves were put together 
 again, and buried in the ground ; they were found 
 containing skeletons. (Steinbiichel's Altcrthum. 
 
 There is in the British Museum (room vi.), a 
 
"AMnTH. 
 
 AMULETUM. 
 
 45 
 
 vessel resemliling an amphora, and containing; the 
 fine African sand which was mixed with tlio oil 
 with wliicli the athletae rubbed their bodies. It 
 was found, with seventy otlicrs, in the baths of 
 Titus in the ycur 1772. The amphora occurs on 
 the coins of Cliios, and on some silver coins of 
 Athens. 
 
 The Greek ctju^opeOr and the Roman amphora 
 were also names of fixed nu'asures. The ducpopevs, 
 wliich was also called jUCTpTjTTj's and Ka8os, was 
 ecpial to 3 Kcmiau urnaer:!! gallons 7'3(;5 pints, 
 imperial measure. The Roman amphora was two 
 thirds of the dfi^opev's, and was equal to "2 
 urnae = 8 congiir=5 gallons 7'.577 pints ; its solid 
 content was exactly a Roman cubic foot. A 
 model amphora was kept in the capitol, and 
 dedicated to Jupiter. The size of a ship was 
 estimated by amphorae ; and the produce of a 
 vineyard was reckoned sometimes by the nundjer 
 of ampliorae it yielded, and sometimes by the 
 ciilciis of twenty amphonie. [I'. S.] 
 
 'AM4>nTl'AE2. [I'uuiLATiis.] 
 
 AMl'LIA'TK). [JtminrM.] 
 
 AMPUIVLA (A.7jKu9os, &o^LSvK^os), a bottle. 
 
 The Romans took a bottle of oil with them to 
 the bath for .inointing the body after bathing. 
 They also used bottles for holding \vine or water 
 at their meals, and occasionally for other purposes. 
 These bottles were made either of glass or earthen- 
 ware, rarely of more valuable materials. 
 
 The dealer in l)ottles was called ampu/lariiis, 
 and part of his business was to cover them with 
 leather {yoriuin). A bottle so covered was called 
 ampulld nihitlii. (Plaut. Rud. iii. 4. 51, and Stick. 
 i. 3. 77, compared with Festus, s. v. Rulmla.) 
 
 As bottles W(^ro round and swollen like a 
 bladder, Horace metaphorically describes empty 
 and turgid language by the same name : — 
 
 " Projicit ampullas et sesquipedalia verba." 
 
 De Arte Podt. 97. 
 
 " An tragica desaevit ct ampullatur in arte ? " 
 
 E/iist. I. iii. 14. 
 
 Bottles both of glass and earthenware are pre- 
 served in great ([uantities in our collections of 
 anti(piities, and their fonns are very various, 
 thougli always narrow-mouthed, and generally 
 more or less approaching to globular. [J. Y.] 
 
 'AMnTH, 'AMnTKTFTP (firmtak), a frontal. 
 
 This was a In'oad band or plate of metal, which 
 ladies of rank wore above the forehead as part of 
 the head-dress. (//. xxii. 468 — 470 ; Aeschyl. 6'h/)]i. 
 434 ; Theocr. i. 33.) Hence it is attributed to 
 the female divinities. Artemis wears a frontal of 
 gold {xg^Cfav d/iTTuKa, Eurip. Hec. 464) ; and 
 the epithet x^'"''"/*'''"''^^ is applied by Homer, 
 Hesiod, and Pindar to the Muses, the Hours, and 
 the Fates. From the expression rdv KvavdfnrvKa 
 ©rjSoi' in a fragment of Pindar, we may infer that 
 this ornament was sometimes made of blue steel 
 (xiavos) instead of gold ; and the Scholiast on the 
 above cited passage of Euripides asserts, that it 
 was sometimes enriched with precious stones. 
 
 T/ie frontal of a home was called by the same 
 name, and was occasionally made of similar 
 rich materials. Hence, in the Hiad, tlie horses 
 whicli draw the chariots of Juno and of Mars are 
 called XQ^''°'>^''""<^^- Pindar {01. xiii. 92) de- 
 scribes the bridle with a goldeii frontal (xg"ca/^T'"«i 
 XoAicoi';, wliich was given to Bellerophon to curb 
 the winged horse Pegasus. 
 
 The annexed woodcut exhibits the frontal on 
 
 the head of Pegasus, taken from one of Sir 
 William Hamilt(m's vases, in contrast with tlic 
 correspoTiding ornament as shown on tlie heads of 
 two females in the same collection. 
 
 Frontals were also worn by elephants. (Liv. 
 xxxvii. 40.) Hesyehius (j-. c. AvSiif, N6/j.w) sup- 
 poses the men to have worn frontals in 
 Lydia. They appear to have been worn by the 
 Jews and other luitions of tlie east. ( Deut. vi. 8 ; 
 xi. 18.) ■ [J. Y.] 
 
 AMULE'TUM (■n-fola-n-Tov, iregiafj.fjLa, ^v\a- 
 KT-riyiov), an amulet. 
 
 Tliis word in Arabic (Hamalet) means M'/(ic7i 
 is .'iuxpeiiilcil. It was probaljly brought by Arabian 
 merchants, together with the articles to which it 
 was a]iplit'd, wlien they were imported into lOurope 
 from tlie East. It first occurs in the Natui'al 
 History of Pliny. 
 
 An amulet was any object, — a stone, a plant, 
 an artificial production, or a piece of writing, — 
 which was suspended from the neck, or tied to any 
 part of the body, for the purpose of counteracting 
 poison, curing or preventing disease, warding off 
 the evil eye, aiding women in childbirth, or obviat- 
 ing calamities and securing advant;iges of any kind. 
 
 Faith in the virtues of amulets was almost uni- 
 versal in the ancient world, so that the whole art 
 of medicine consisted in a very considerable degree 
 of directions for their application ; and in propor- 
 tion to tlie quantity of amulets preserved in our 
 collections of antiquities, is the frequent mention of 
 them in ancient treatises on natural history, on the 
 practice of medicine, and on the virtues of plants 
 and stones. Some of the amulets in our museums 
 arc merely rough unpolished fragments of such 
 stones as amber, agate, conielian, and jasper ; others 
 are wrought into the shape of beetles, quadrupeds, 
 eyes, fingers, and other members of the body. 
 There can be no doubt that the selection of stones 
 either to be set in rings, or strung together in 
 necklaces, was often made with reference to their 
 reputed virtues as amulets. 
 
 The following passages may exemplify the use 
 of amulets in ancient times. Pliny (//. A^. xxiv. 
 19) says, that any plant gathered from tlie bank 
 of a brook or river before sunrise, provided that 
 no one sees the person who gatliers it, is con- 
 sidered as a remedy for tertian ague, whi'ii tied 
 {a(/(iJlk/afa) to the left ann, the patient not know- 
 ing what it is ; also, that a person may be imme- 
 diately cured of the headach by the application of 
 any plant which has grown on the head of a 
 statue, provided it be folded in the shred of a gar- 
 
46 
 
 'ANAKEI'MENA. 
 
 'ANArnrH's ai'kh. 
 
 mcnt, and tied to tlie part affected with a red 
 string. Q. Serenus Sannnonictis, in his poem on 
 the art of healing, describes the following clianii, 
 which was long celebrated as of the highest re- 
 pute for the cnre of various diseases : — Write 
 ahnicudah-a on a slip of parchment, and repeat the 
 word on other slips, with the omission of the last 
 letter of each preceding slip, until the initial A 
 alone remains. Tlie line so written will assume 
 the fonn of an equilateral triangle. Tie them to- 
 gether, and suspend them from the neck of the pa- 
 tient by means of linen thread. 
 
 According to the Scholiast on Juvenal (iii. 68), 
 athletes used amulets to insure victory {nici'teria 
 ph/lacteria), and wore them suspended from the 
 neck ; and we learn from Dioscorides {Lih. v.), 
 that the efficacy of these applications extended be- 
 yond the classes of living creatures, since selenite 
 was not only worn by women, but was also tied to 
 trees, for the purpose of making them fruitful. 
 
 Consistently with these opinions, an acquaint- 
 ance with the use of amulets was considered as one 
 of the chief (|ualitications of nurses. If, for exam- 
 ple, an attempt was made to poison a child, if it 
 was in danger of destruction from the evil eye, or 
 exposed to any other calamity, it was the duty of 
 the nurse to protect it by the use of such amulets 
 as were suited to the circumstances. (Horn. Hymn, 
 in O-r. 2-27 ; Orphei, LUh. 222.) 
 
 From things hung or tied to the body, the term 
 amulet was e.xtended to ehanns of other kinds. 
 Pliny A^. xxv. 9) having observed that the 
 cyclamen was cultivated in houses as a protection 
 against poison, adds the remark, Amidclum vacant. 
 The following epigram by Lucillius contains a joke 
 against an unfortunate physician, one of whose pa- 
 tients, having seen him in a dream, " awoke no 
 more, even though he wore an amulet:" 
 
 'Eg/jioyivtj tov largov ISdii' Ai6<pavTos iv viryois 
 OVK ct' dvriyepdT], Koi ■n^qiaixix.a (ptQuv. 
 
 [J. Y.] 
 
 'ANABOAET'2. As the Greeks were unac- 
 quainted with the use of stiiTups, they were accus- 
 tomed to mount upon horseback l)y means of a slave, 
 who was called dmSoAeur (fnmi dca§ci\A.€ic). (Xen. 
 Dclie Erju. vi. 12 ; Hipp. i. 17 ; Appian, 106.) 
 This name was also given, according to some wri- 
 ters, to a peg or pin, fastened on the spear, which 
 might serve as a resting-place to the foot in mount- 
 ing the horse. (Xen. Dc Re E<ji'. vii. 1.) 
 
 'ANAKAATDTH'PIA. [Marri.\ge.] 
 
 'ANA'KEIA, or 'ANA'KEION, a festival of 
 the Dioscuri, or "Aca/CTes, as they were called, at 
 Athens. Athenaeus (vi. p. 2i?5) mentions a 
 temple of the Dioscuri called 'Afd/creioi', at 
 Athens ; he also informs us (iv. p. 137) tliat the 
 Athenians, probably on the occasion of this 
 festival, used to prepare for these heroes in the 
 Prytaneum a meal consisting of cheese, a barley- 
 cake, ripe figs, olives, and garlic, in remembrance 
 of the ancient mode of living. These heroes, 
 however, received the most distinguished honours 
 in the Dorian and Achaean states, where it may 
 be supposed that every town celebrated a festival 
 in their honour, though not inider the name of 
 'AvaKeia. Pausanias (x. 38. 3) mentions a fes- 
 tival held at Amphissa, called that of the avaKTuv 
 ■traiZwv: but adds that it was disputed whether 
 thcv were tlie Dioscuri, the Curetcs, or the Cabiri. 
 [Si'e AIOSKOT'PIA.] [L. S.] 
 
 'ANAKEI'MENA. '[DoNARlA.] 
 
 'ANAKAHTH'PIA was the name of a solemnity 
 at which a young prince was jirodaimed king,and at 
 the same time ascended the tiirone. The name was 
 chiefly applied to the accession of the Ptolemaic 
 kings of Egypt. (Polyb. Reliri. xviii. 38 ; xxviii. 
 10.) The prince went to Memphis, and was 
 there adonied by the priests with the sacred 
 diadem, and led into the temple of Phtha, where 
 he vowed not to make any innovations either in 
 the order of the year or of the festivals. He then 
 carried to some distance the yoke of Apis, in order 
 to be reminded of the sufferings of man. Re- 
 joicings and sacrifices concluded the solemnity. 
 (Diodor. Fnic/m. lib. xxx.) [L. S.] 
 
 'ANAKOMIAH'. When an individual had 
 died in a foreign country, it was not unusual for his 
 fellow-citizens or relatives to remove his ashes, or 
 body, to his own country, which was called 
 draKOjUiSrj. Thus the dead body of Theseus was 
 removed from Scyros to Athens, and that of Aris- 
 tomenes from Rhodes to Messenia. 
 
 'ANA'KPI2I2, tlie pleadings preparatory to a 
 trial at Athens, the object of which was to deter- 
 mine, generally, if tiie action would lie (l^fTa^ovat 
 5e Ka-l €1 oAcDj el(Tdyeiv XS"!' Harpocrat. s. v.). 
 The magistrates were said dfOKf iVeiv rijv Siicrji', or 
 Tovs avTiS'iKous, and the parties dvaKgiveaBai. 
 The process consisted in the production of proofs, 
 of which there were five kinds: — 1. the laws ; 2. 
 written documents, the production of which, by 
 the opposite party, might be compelled by a SIkt) 
 cIs ifupaviv KaTdcTTaaiv : 3. testimonies of wit- 
 nesses present (fj-agrvgiai), or affidavits of absent 
 witnesses (fK/xagrvgiai) ; 4. depositions of slaves 
 extorted by the rack ; .5. the oath of the parties. 
 (Arist. Met I. XV. 2.) All these proofs were 
 connuitted to writing, and placed in a box secured 
 by a seal {4x'''os : ticlml. A rhttojih. V'esp. 1436), 
 till they were produced at the trial. The name 
 dvdKgiffis is given to the pleadings considered ex- 
 pressly as a written document, in Isaeus {l)c 
 Aristarch. Hatred p. 79, 11). If the evidence pro- 
 duced at the anacrisis was so clear and convincing 
 that there could not remain any doubt, the magiv 
 trate could decide the ([uestion without sending the 
 cause to be tried before the dicasts : this was 
 called hiafjLagrvgla. In this case, the only remedy 
 for the person against whom the decision was 
 given, was to bring an action of perjury against the 
 witnesses (i|/6uSo/ia|)Tug£>' Si'kt;). These pleadings, 
 like our own, were liable to vexatious delays on 
 the part of the litigants, except in the case of ac- 
 tions concerning merchandise, benefit societies, 
 mines, and dowries, which were necessarily tried 
 within a month from the commencement of the 
 suit, and were therefore called ififxiivoi SIkui. The 
 word dvdKgtiTis is sometimes used of a trial in ge- 
 neral [fitiS' els a-yKgiaiV iXduv: Aeschyl. Eumeiiid. 
 'M\r)). The archons were the proper officers for 
 the dvaKpims : they are represented by Minerva, in 
 the Eniiiciiules of Aeschylus, where there is a poeti- 
 cal sketch of the process in the law courts. (Midler, 
 Eumenitleii. § 70.) ['ANTirPA<l>H'. 'ANTOMO- 
 2I'A.] For an account of the dfoKpitris, that is, 
 the examination which each archon underwent 
 previously to entering on office, see the article 
 Ar( HON. [J. W. D.] 
 
 "ANAAIKI'A. [Appellatio.] 
 
 ANAGNOSTES. [Acroama.] 
 
 'ANArnrH"2 ai'kh. if an individual sold 
 a slave who had some secret disease — such, for 
 
'ANAHArO'PEIA. 
 
 ANCILE. 
 
 47 
 
 instance, as ppilopsy — without informing the pur- 
 chaser of the circumstance, it was in the power of 
 the latter to bring an action against the vendor 
 within a certain time, wliich was fixed by the 
 laws. In order to do this, he had to report 
 (avdyeiv) to the proper authorities the nature of 
 the disease ; whence the action was called cxva- 
 yayijs S'ikt}. Plato supplies us with some iiifomi- 
 ation on this action ; but it is uncertain whether 
 his remarks apply to the action which was brought 
 in the Athenian courts, or to an imaginary form of 
 proceeding. (Plato, Ia-i/i/. xi. c. 2. p. 916, and Ast's 
 note ; Meier, Att. Pruci'ss, p. 525.) 
 
 'ANArn'riA, a festival celebrated at Eryx, 
 in Sicily, in honour of Aphrodite. The inha- 
 bitants of the place believed that, during this 
 festival, the goddess went over into Africa, and 
 that all the pigeons of the town and its neigh- 
 bourhood likewise departed and accompanied 
 her. (Aeliau, V. H. i. 14 ; Athen. ix. p. 
 394.) Nine days afterwards, during the so-called 
 KaTayiliyi.a (return), one pigeon having return- 
 ed and entered the temple, the rest followed. 
 This was the signal f(n' general rejoicing and feast- 
 ing. The whole district was said at this time to 
 smell of butter, which the inhabitants believed to 
 be a sign that Aphrodite had returned. (Athen. 
 ix. p. 395.) [L. S.] 
 
 'ANA'PPTSIS. [Apaturia.] 
 
 'ANAQH'MATA. [Doxaria.] 
 
 ANATOCIS'MUS. [Interest of Money.] 
 
 'ANATMAXI'OT TPAOH' was an impeach- 
 ment of the trierarch who had kept aloof from ac- 
 tion while the rest of the fleet was engaged. 
 From the personal nature of the offence and the 
 punishment, it is obvious that this action could 
 only have been directed against the actual com- 
 mander of the ship, whether he was the sole person 
 appointed to the office, or the active partner of the 
 perhaps many avvTtKus, or the mere contractor 
 (d ixiaduxrdixfvos). In a cause of this kind, the 
 strategi would be the natural and official judges. 
 The punishment prescribed by law for this offence 
 was a modified atimia, by which the criminal and 
 his descendants were deprived of their political 
 franchise ; but, as we leam from Andocidcs, were 
 allowed to retain possession of their property. 
 {De Mi/sf. 40, Zurich edit. 1838 ; Petit. Leg. 
 Att. 6G7.) [J. S. M.] 
 
 'ANAHAFO'PEIA, a day of recreation for all 
 the youths at Lampsacus. which took place once 
 every year, in compliance, it was said, witlr a 
 wish expressed by Anaxagoras, who, after being 
 expelled from Athens, spent here the remaind- 
 er of his life. This continued to be observed 
 even in the time of Diogenes Laertius. (A name/, 
 e. 10.) [L. S.] 
 
 ANCI'LE, the sacred shield carried by the 
 salii. 
 
 According to Plutarch ( Fit. Numae), Dionysius 
 of Halicarnassus (^Aiit. ii.), and Fcstus {s. r. Ma- 
 mur. Vetur.), it was made of bronze, and its fonn 
 was oval, but with the two sides receding inwards 
 with an even curvature and so as to make it 
 broader at the ends than in the middle. Its shape 
 is exhibited in the following woodcut. 
 
 The original ancile was found, according to 
 tradition (Dionys. I.e. ; Plutarch, I. c. ; Florus, i. 
 2 ; Servius /;/ Acn. viii. ()(i4 ), in the palace of 
 Numa ; and, as no human hand had brought it 
 there, it was concluded that it had been sent from 
 
 heaven, and was an oirXov SioTreres. At the same 
 time, the luu'uspices declared, that the Roman st;ite 
 would endure so long as this shield remained in 
 Rome. To secure its preservation in the city, 
 Numa ordered eleven other shields, exactly like it, 
 to be made b}' the armourer, Manmrius Veturius ; 
 and twelve priests of Mars Gradivus were ap- 
 pointed under the denomination of salii, whose 
 office it was to preserve the twelve ancilia. They 
 were kept in the temple of that divinity on the 
 Palatine mount, and were biken from it only once 
 a year, on the calends of March. The feast of the 
 god was then observed during several days ; when 
 the salii carried their shields about the city, sing- 
 ing songs in praise of Mars, Numa, and Mamurius 
 Veturius, and at the same time performing a dance 
 which probably in some degree resembled our 
 morris-dances, and in which they struck the shields 
 with rods, so as to keep time with their voices and 
 with the movements of their dance. The accom- 
 panying figure shows one of these rods, as repre- 
 sented on the tomb of a pontifejc saJius, or chief of 
 the salii. (firuter, Tiixcr. p. cccclxiv. note 3.) Its 
 form, as here exhiliited, both illustrates the man- 
 ner of using it, and shows the reason why different 
 authors call it liy different names, as eyxfif'Siov, 
 KoyxOt pdSSos, virga. 
 
 Besides these different names of the rod which- 
 was held in the right hand, we obsen-e a similar 
 discrepance as to the mode of holding the shield. 
 Virgil, describing the attire of Picas, a mythical 
 king of Latium, says he held the ancile in his left 
 hand (hm'wjue aticile gerebat. Aen. vii. 187). 
 Other authors represent the salii as bearing the 
 ancilia on their necks or on their shoulders. (Stat. 
 Sylv. ii. 129 ; Lucan, i. 603, and ix. 460 ; Lactant. 
 De Falsa Ret. i. 21.) These accounts may be 
 reconciled on the supposition advanced in the 
 article Aegis, that the shield was suspended by a 
 leathern band ( lorum, Juv. ii. 125), proceeding from 
 the right shoulder, and passing round the neck. 
 That the weight of the ancile was considerable, 
 and that the use of it in the sacred dance required 
 no small exertion, is apparent from Juvenal's ex- 
 pression (ii. 126 ), " sudavit clypcis ancilibus." 
 
 Besides the salii, who were men of patrician 
 families, and were probably instructed to perfonn 
 their public dances in a graceful as well as animated 
 manner, there were servants who executed inferior 
 offices. An ancient gem in the Florentine cabinet. 
 
48 
 
 ANCORA. 
 
 ANAPAnO'AnN AI'KH. 
 
 from which the preceding cut has been copied, 
 represents two of them carrying six ancilia on 
 their shoulders, suspended from a pole ; and the 
 representation agrees exactly with the statement 
 of Dionysius of Halicarnassus, rieAras virrtpsTai 
 ■?ipT7j|U€Cas airo Kauovwv KOfii^ovai. 
 
 During the festival, and so long as the salii con- 
 
 'ued to carry the ancilia, no expedition could be 
 rtaken. It was thought ominous to solemnize 
 marriages at that time, or to engage in any under- 
 taking of great importance. (Ovid. Fast. iii. 393.) 
 
 When war was declared, the ancilia were pur- 
 posely shaken in their s;icred depositor)'. (Ser- 
 vius, in Am. vii. 603 ; viii. 3.) But it is alleged 
 that, towards the close of the Cimbric war, they 
 Tattled of their own accord. (Jul. Obsequens, De 
 Prodiyis; Liv. Epit. 68.) [J. Y.] 
 
 AN'CORA (o7Ku'ea), an anchor. 
 
 The UTifliiir used liy the ancients was for the 
 most part made of iron, and its form, as may be 
 seen from the annexed hgure, taken from a coin, 
 resembled that of the modern anchor. The shape 
 of the two extremities illustrates the ^o^co mormt 
 and deyite teytaci of Virgil. {Am. i. 169 ; vi. 3.) 
 Indeed, the Greek and Latin names themselves 
 express this essential property of the anchor, being 
 allied to dyKiiXos, ayKuv, uiijidm, uncus, &c. 
 
 The anchor, as here represented and as com- 
 monly used, was calk'd lildciis, SiwKij, o.iJ.(p'iSo\os, or 
 dfi<p'iaTOfj.os., because it had two teeth or Hukes. 
 Sometimes it had one only, and then had the epi- 
 thet iregocTTdfios. The following expressions were 
 used for the three principal processes in managing 
 the anchor: — 
 
 A?icoram solvere, dynvgav xo^Sv, to loose the 
 anchor. 
 
 A7icoram jacere, /SoAAcii', plirmv, to cast an- 
 chor. 
 
 Ancoram iollere, aiqw, dvaigciadat, dva- 
 airdtrQai, to weigh anchor. 
 
 IIenc<> aiofiv by itself meant to set sail, dyKvgav 
 being understood. 
 
 The ipialities of a good anchor were not to slip, 
 or lose its hold, and vot to break, i. e., to be 
 d<T(j)a\ij T6 Koi ^eSaiav. (Jfclj. vi. 19.) 
 
 The following figure, taken from a marble at 
 Rome, shows the cable (funis) passing through a 
 hole in the prow (oculus). 
 
 We may suppose the anchor to be lying on the 
 deck, in ihv Jilace indicated by the turn of the 
 cable ; and if the vessel be apjiroaching the port, the 
 steps taken will be as Virgil describes : — 
 
 " Obvertunt pelago proras ; turn dente tenaci 
 Ancora fundabat naves, et litora curvae 
 Praetexnnt puppes." Ae?i. vi. 3 — 5. 
 
 And 
 
 ' Ancora de prora jacitur, stant litore puppes." 
 
 Acn. iii. 277 ; vi. 901. 
 
 The prow being tuniecl towards the deep sea 
 {pchi<io) and tlie stern towards the land, the latter 
 extremity is fixed upon the shore (s/at litore), so 
 that the collected ships with their aptustria adorn 
 it, as it were, with a fringe or border {praete^ta). 
 
 The prow remains in the deeper water, and there- 
 fore the anchor is thrown out to attach it to the 
 ground (fut/darc). 
 
 When a ship was driving before the wind, and in 
 danger of foundering upon shoals, its coiu'se 
 would be checked by casting anchor from the stern. 
 This was done when Paul was shipwrecked at 
 iMcIite. (vlrAv, xxvii. '29.) Four anchors were 
 iliiippcd on that occasion. Athenaeus (v. 43) men- 
 tions a ship which had eight iron anchors. The 
 largest and strongest anchor, tiie " last hope " of 
 the ship, was called Upd : and as it was only used 
 in the extremity of danger, the phrase '■'■sacrum 
 ancoram solvere " was applied to all persons simi- 
 larly circumstanced. 
 
 To indicate the place where the anchor lay, a 
 binidle of cork floated over it, on the surface of the 
 water (Pans. viii. 12 ; Plin. //. N. xvi. 8), being 
 attached probably to the ring which, in the pre- 
 ceding figure, is seen fixed to the bottom of the 
 shank ; and we may conjecture that the rope tied 
 to that ring was also used in drawing the fluke out 
 of the ground previously to weighing anchor. 
 
 In the heroic times of Greece, it appears that 
 anchors were not yet invented : large stones, 
 called €iva\ (sleepers), were used in their stead. 
 (Sec n. i. 43(1. xiv. 77 ; Od. ix. 137. xv. 498 ; and 
 ApoUon. Rhiid. i. 1277.) Even in later times, bags 
 of sand, and baskets filled with stones, were used 
 in cases of necessity'. According to Pliny (vii. 
 57), the anchor was first invented by Eupakmuis, 
 and afterwards inijfroved by Anacharsis. [.I. Y.] 
 
 'ANAPAnOAISMOir, or dvSpairoSiVews 
 ypacfr/l, was an action brought before the 
 court of the eleven {at eVSewa), against all persons 
 who carried otT slaves from their masters, or re- 
 duced free men to a state of slavery. The Gram- 
 marians mention an oration of Antiphon on this 
 suliject, which lias not come down to us. (Bekker, 
 Ai/ecdof. i. 3,52.) 
 
 'ANAPAnO'AnN AI'KH was the peculiar 
 title of tlie SiaSiKacria when a property in slaves 
 was the subject of contending claims. The cause 
 belonged to the class of SiKai irpos riva, and was 
 one of the private suits tliat came inider the juris- 
 diction of the thesmothetae. It is recorded to have 
 been the subject of a lost speech of Dinarchus 
 
ANNALES. 
 
 ANNONA. 
 
 49 
 
 (Pro Lysklide), and is clearly referred to in 
 
 one still extant of Demosthenes, (c. ApJmh. i. 821. 
 
 I. 7.) [J- S. M.] 
 
 'ANAPErA. [2T22I'TIA.] 
 'ANAPOrEn'NIA, a festival with games, held 
 i every year in the (Jeramicus at Athens, in honour 
 I of the hero Androgens, son of Minos, who had 
 
 overcome all his adversaries in the festive games of 
 ; the Panathenaea, and was afterwards killed by 
 I order of Aegeus. (Diodor. iv. GO, 61.) According 
 ■ to Hesychins, the hero also bore the name of 
 I Enrygyes (the possessor of extensive lands), and 
 I under this title games were celebrated in his 
 
 hononr, 6 iir^ "Evpvyvr] dyuv. [L. S.] 
 
 'ANAPOAH^l'A, or TO' 'ANAPOAH''4'ION, 
 
 (the right of reprisals,) a custom recognised Ijy the 
 ! international law of the Greeks, that, when a citi- 
 ! zen of one state had killed a citizen of another, 
 
 and the countrymen of the former would not sur- 
 I render him to the relations of the deceased, it 
 i should be lawful to seize upon three, and not 
 
 more, of the countrymen of the offender, and keep 
 I them as hostages, till satisfaction was afforded, or 
 
 the homicide given up. (ITarpocrat. s. v. ; De- 
 j mosth. c. ArLilocrat. Tp. 6-17. L 2-1.) The trierarchs 
 [ and the commanders of the ships of war were the 
 
 persons intrusted with this office. The property 
 i which the hostages had witii them at the time of 
 i seizure was confiscated, jinder the name of avKa, 
 
 or (TvKai. (See Demosth. llepl rov Srerp. rijs 
 
 TptTipapxias. )). 1-232. /. 5.) [J. W. D.] 
 
 'ArrO0H'KH. [IXCITEGA.] 
 
 I ANGUSTICLA'VII. [Ciavits.] 
 I ANNA'LES (i. e. annales libri, ymr-honhs) 
 ' were records of the events of each year, which 
 were kept by the chief pontiff {ponti/ej; ma.nmus) 
 at Rome, from tlie commencement of the state to 
 the time of the chief pontiff Publius jVIucius 
 Scaevola (consul in ()21 A. u. n., 133 B. c). They 
 were written on a white board {album), wliich 
 tlie chief pontiff used to put in some con- 
 spicuous place in his house, that the people might 
 have the opportunity of reading them. Tliey were 
 called amwle.a nuuxinii (Cic. De Orat. ii. 12), or 
 annales ■poniificum maitimorum (Cic. De La/iljtis, 
 i. 2) ; and the commentarii pmifificum mentioned 
 by Livy (vi. 1 ) are in all probability the same. 
 These documents appear to have been very meagre, 
 recording chiefly eclipses, prodigies, and the stJite 
 of the markets {Caio in Aul. GeU. ii. 28); but 
 they were the only historical records wliich the 
 Romans possessed before the time of Fabius Pictor. 
 (Cic. De Legy. i. 2.) The greater part of those 
 wi-itten before the burning of Rome by the Gauls, 
 perished on that occasion ; but some fragments 
 seem to have escaped destruction. (Liv. i. 6 ; 
 Cic. De Rep. i. 16.) This circumstance is a chief 
 cause of the uncertainty of the early history of 
 Rome. (Niebuhr, vol. i. p. 213.) 
 
 In process of time, individuals undertook to 
 write portions of the Roman history, in imitation 
 of the pontifical annals. (Cic. De Orat. ii. 12.) 
 The first of these was Quintus Fabius Pictor, who 
 lived during the second Punic War, and wrote the 
 history of Rome from its foundation down to his 
 own time. (Cic. De Legg. i. 2 ; Polvb. i. 14 ; iii. 
 8, 9; Dionys. i. 6; vii. 71 ; Liv. 1.^44 ; ii. 40.) 
 Contemporary with him was Lucius Cinciiis Ali- 
 mentus, whose annals embraced the same period. 
 (Di(mys. i. 6. 74 ; Liv. vii. 3 ; xxi. 38.) Dionysius 
 states that both Fabius and Cincius wrote in 
 
 Greek ; but it would seem that Fabius wrote in 
 Latin also. (Cic. De Orat. ii. 12 ; Aul. Gell. x. 
 15.) Marcius Porcius Cato, consul in 558 
 A. i>. 0., and afterwards censor, wrote an his- 
 toriciil work in seven books, which was called 
 " Grigines." (Cic. Do Orat. ii. V2 ; De Legg. i. 2 ; 
 Liv. xxxix. 40 ; Corn. Nep. Cato, c. 3.) 
 Aulas Postumius Albinus, consul in G03 A. \!f,\. 
 wrote annals of the Roman history in G$^i,, 
 (Gell. xi. 8 ; Cic. Brut. c. 21 ; Macrob. SalMrn. 
 Prooem. i. ; ii. 16 ; Pint. Cato Maj. c. 12.) Lu- 
 cius Calpurnius Piso Fnigi, consul in 620 
 A. u. c, and afterwards censor, wrote annals. (Cic. 
 De Orat. ii. 12 ; Ep. ad Dii\ ix. 22 ; Varro, De 
 Ling. Lai. iv. 42 ; Dionys. ii. 38 ; iv. 7.) Quintus 
 Valerius Antias (about 672 A. u. c.) is frequently 
 cited liy Livy, and contemporary with hun was 
 Cains Licinius Macer. (Cic. De Legg. i. 2 ; Liv. 
 vii. 9.) The other Roman annalists were Lucius 
 Cas.sius Hemina (a. u. c. 608), Quintus Fabius 
 Maximus Scrvilianus (612), Cains Fannius (618), 
 Cains Sempronius Tuditanus (625), Lucius CoeUus 
 Antipater (631), Caius Sempronius Asellio (620), 
 and about the end of the same centiu-y, Publius 
 Rutilius Rufus, Lucius Cornelius Sisenna, and 
 Quintus Claudius Quadrigarius. Further informa- 
 tion concerning these writers will be found in 
 Clinton's Fadi Helleiiici, vol. iii. 
 
 The precise difference between the terms an- 
 nales and historia is still a matter of discussion. 
 Cicero says that the first historical writers among 
 the Romans composed their works in imitation of 
 the aiiiiiiles Diii.vimi, and merely composed memorials 
 of the times, (jf men, of places,and of events, without 
 any ornament ; and, provided that their meaning 
 was intelligible, thouglit the only excellence of 
 style was brevity {De Orat. ii. 12); but that in 
 history ornament is studied in the mode of narra- 
 tion, descriptions of countries and battles are often 
 introduced, speeches and harangues are reported, 
 and a flowing style is aimed at. {Orator, c. 20.) 
 Elsewhere he mentions history as one of the 
 highest kinds of oratory, and as one which was as 
 yet either unknown to, or neglected by, his coun- 
 trymen. {De I^egg. i. 2.) Aulus Gellhis (v. 18) 
 says that the difference between annals and history 
 is, that the former observe the order of years, 
 narrating under each year all the events that ha])- 
 pencd dming that year. Servius {art Aen. i. 373) 
 says that history (djro tou laTopiiv) relates to 
 events which have happened during the writer's 
 life, so that he has, or might have, seen them ; but 
 annals, to those things which have taken place in 
 former times. The tme distinction seems to be that 
 which regards the annalist as adhering to the suc- 
 cession of time, while the historian regards more the 
 succession oiereiits ; and moreover, that the former 
 relates bare facts in a simple straight-forward style, 
 while the latter arranges his materials with the art 
 of an orator, and traces the causes and results of 
 the events which he records. (See a paper by 
 Niebuhr in the Rhrinisclies Museum, ii. 2. p. 283, 
 translated by Mr. Thirlwall in the Philtjlogieal 
 Mmeum, vol. ii. p. 661.) [P. S.] 
 
 ANNO'NA (from annus, like pomona from 
 pomum) is used, 1. For the produce of the year in 
 corn, fmit, wine, &c., and hence, 2. For provisions 
 in general, especially for the com which, in the 
 latter years of the republic, was collected in the 
 storeliouses of the state, and sold to the poor at a 
 cheap rate in times of scarcity ; and which, under 
 
 E 
 
50 
 
 ANSA. 
 
 ANTAE. 
 
 the emperors, was distributed to the people gratui- 
 tously, or given as pay and rewards. 3. For the 
 price of provisions. 4. For a soldier's allowance 
 of provisions for a certain time. It is used also 
 in the plural for yearly or nioiithly distributions of 
 pay in corn, &c. {Cod. Just. i. tit. 48 ; x. tit. 16 ; 
 xi. tit. 24.) Similar distributions in money were 
 called amionae aerariae. {Cod. Tlieodos. vii. tit. 4. 
 s. 34, 35, 36.) In the plural it also signifies pro- 
 visions given as the wages of labour. (Salmas. wi 
 Lampriil. Ale.r. Sep. c. 41.) 
 
 Annona was anciently worshipped as the god- 
 dess who ])mspered the year's increa^J. She was 
 represented on an altar in the cajiitnl, with the in- 
 scription " Annonae Sanctae Aelius Vitalio," &c. 
 (Gmter, p. 8. n. 10), as a female with the right 
 arm and shoulder bare, and the rest of the body 
 clothed, holding ears of corn in her right hand, and 
 the cornucopia in her left. [P. S.] 
 
 ANNA'LIS LEX. [Abdiles, p. 16.] 
 
 AN'NULI. [Rings.] 
 
 AN'NUS. [Year.] 
 
 ANQUrSITIO. In criminal trials at Rome, 
 the accuser was obliged, after the day for the trial 
 {diet du-tiu) had l)een fixed, to repeat his charge 
 three times against the accused, with the interven- 
 tion of a day between each. (Cic. Pro Domo, c. 17.) 
 The WKpiifUio was that part of the charge, in which 
 the punishment was specified. The accuser could, 
 during this repetition of the charge, either mitigate 
 (Liv. ii. 52) or increase the punishment. (Liv. 
 xxvi. 3.) After the charge had been repeated 
 three tunes, the proper bill of accusation {roi/nfio) 
 was then first introduced. [Judicium.] Under 
 the emperors, the term anquisUio lost its original 
 meaning, and was employed to indicate an accusa- 
 tion in general (Tacit. Annul, iii. 12) ; in which 
 sense it also occurs even in the times of the repub- 
 lic. (Liv. vi. 20 ; viii. 33.) 
 
 ANSA, the handle of any thing, more particu- 
 larly of a cup, or drinking-vessel ; also, the handle 
 of a rudder, called by us the tiller. ( Vitruv. x. 8. ) 
 Ennius speaks of the ansa, or liandle of a spear: — 
 " Hastis ansatis concurrunt un(li(|uc ti'lis." {Ap. 
 M-Acvob. Saturn, vi. 1.) " Aiisatas mittunt e tui- 
 ribus hastas." {Ap. Nonium.) 
 
 The ansa must have been different from the 
 amentum of a spear. Perhaps it was a rest for the 
 hand, fixed to the middle of the shaft, to assist in 
 throwing it. On this supposition, the liasta ansatu 
 of Ennius was the same with the fifcrdyKu\ov, or 
 Sogv aynvK-qruv, of Greek authors. (Athen. xi. ; 
 Eurip. Plioen. 1148 ; Androm. 1133 ; Schol. ad 
 loc. ; Menander, p. 210. ed. Mchicke ; Gell. x. 25. 
 Festus, s. i: I\[<fiiiirilium. ) Euripides calls the same 
 weapons simply d7/fuAas. (Orcat. 1477.) 
 
 Xenophon, speaking {Ai/idi. iv. 2. g 28) of the 
 large arrows of the Carduchi, says that his soldiers 
 used them as darts {dKovTtois), by fixing the 
 dyKvAT] upon them {evayKvXavres). Plutarch 
 {Apnphth.) relates that Alexander the Great, ob- 
 serving one of his soldiers to be attaching the 
 dyKuXri to his dart (to aKovTiov ^vayKvXovixivov), 
 obliged him to leave the ranks, for preparing his 
 arms at a moment when he ought to have had 
 them ready for use. These authorities show that 
 the dyKiki] was something fastened to the dart, 
 about the middle of the shaft, before the engage- 
 ment commenced. That it was crooked, or curved, 
 may be concluded from tlie term itself ; and, if so, 
 it woidd agree with the Latin ansa, a handle, 
 
 though not with amentum, which was a leather 
 thong fastened to the same part of the lance. 
 [Amentum.] [J. Y.] 
 
 ANTAE (Trapao-ToSes), square pillars {r/uridrae 
 columnar. Nonius). They were connuonly joined 
 to the side walls of a building, being placed on 
 each side of the door, so as to assist in foniiing the 
 portico. These terms are seldom found except in 
 the plural ; because the purpose served by antae 
 required that, in general, two should be erected 
 coiTesponding to each other, and supporting the 
 xtremities of the same roof Their jiositiim, form, 
 and use, will be best understood from the woodcut, 
 in which A, A, are the antae. 
 
 Vitruvius (iii. 1) describes the temple in antis 
 (coos eV TtapaaTaai) to be one of the simplest 
 kind. It had, as he says, in front, antae attached 
 to the walls which enclosed the cella ; and in the 
 middle, between the antae, two columns support- 
 ing the architrave. According to him (iv. 4), the 
 antae ought to be of the same thickness as the co- 
 lumns. The three spaces {intcrcolumnia), into 
 which the front of the pronaos was divided by the 
 two columns, were sometimes occupied by marble 
 balustrades, or by some kind of rails, with doors, 
 or gates. The ruins of temples, corres|)onding to 
 the description of Vitnivius, are found in Greece 
 and Asia Minor ; and we here exhibit as a speci- 
 men a restoration of the. front of the temple of 
 Artemis Propylaca, at Eleusis, together with a 
 plan of the pronaos : 
 
 B 
 
 B 
 
 
 ■ ■ 1 
 
 : 1 
 
 n 
 
 
 
 A, A, t!ie antae ; B, B, tlie cella, or vaos : o, tlic altar. 
 
 An ancient inscription respecting the temple of 
 Serapis, at Puteoli, contains the following direction 
 to add antae to one of the walls : — E.x. eo. pa- 
 
 RIETE. ANTAS. DUAS. AD. MARE. VOR.SUM. PRO- 
 JICITO. LONGAS. P. II. C'RASSA.S. P. I. 
 
 When Neoptolemus is attacked by Orestes, in 
 
ANTEFIXA. 
 
 the vpstibule of the temple at Delphi, he seizes the 
 arms wliicli were suspended by means of nails, or 
 pins, from one of the antae {-KapaaTaSos Kpe/xaaTa, 
 Eurip. Awlrom. 1098), takes his station upon the 
 altar, and addresses the people in his own defence. 
 In two other passasjes, Euripides uses the terra by 
 meton3Tny, to denote either the pronaos of a tem- 
 ple (Iph.'m Tunr. 112(j), or the vestibule of a pa- 
 lace {Phnen. 427) ; i. c. in each case the portico, or 
 space enclosed between the antae. 
 
 (See further Cratini Fnu/m. cilit. RunheU p. IG ; 
 Xen. Ilkr. xi. ; and J. G. Schneider, Hamhmrter- 
 hm-h ; Epim. in Xc-n. Mem. p. 277 ; in VHruv. vi. 
 7. 1.) 
 
 From parastas, came the adjective parastatKm, 
 and hence we find parashiiiiu employed as the 
 term for a pilaster, which may be considered as the 
 section of a square pillar, attached to the wall of a 
 building. The beams of a ceilinp; were laid upon 
 three kinds of supports, viz., columns, antae, and 
 parastaticae, or pilasters. (Vitruv. iv. 2. p. 94 ; 
 Y. 1. p. 116, 117. edit. Schneider; Plin. H. N. iii. 
 15.) ' [J- Y.] 
 
 ANTEAMBULO'NES were slaves who were 
 accustomed to go before their masters, in order to 
 make way for them through the crowd. (Suet. 
 Vct^). c. 2.) They usually called out date locum 
 domino men ; and" if this were not sufficient to 
 clear the way, they used their hands and elbows 
 for that puiiMse. "Pliny relates an amusing tale of 
 an individual who was roughly handled by a 
 Roman knight, because his slave had presumed to 
 touch the latter, in order to make way for his 
 master. (Ep. iii. 14. near the end.) The tenn 
 anieamhubmcs was also given to the clients, who 
 were accustomed to walk before their patroni. 
 when the latter appeared in public. (Martial, ii. 
 18 ; iii. 7 ; x. 74.) 
 
 ANTECESSO'RES, called also ANTECUR- 
 SO'RES, were horst^soldiers, who were accustomed 
 to precede an amy on march, in order to choose a 
 suitable place for the camp, and to make the ne- 
 cessary provisions for the army. They do not ap- 
 pear to have been merely scouts, like the sjiccula- 
 tores. (Hirt. Dell. Afr. 12, who speaks of specula- 
 tores et (uite.cessnrcs eqnUes ; Suet. Vitell. 17 ; Caes. 
 Bell. Gall. V. 47.) This name was also given to 
 the teachers of the Roman law. (Cod. 1. tit. 17. s. 
 2. § .9. 11.) 
 
 ANTECOENA. [Coena.] 
 
 ANTEFIXA, terra-cottas, which exhibited va- 
 rious oniamental designs, and were used in archi- 
 tecture, to cover the frieze {zoplinrus) of the enta- 
 blature. 
 
 These terra-cottas do not appear to have been 
 used among the Greeks, but were probably Etru- 
 rian in their origin, and were thence taken for the 
 decoration of Roman buildings. Festus describes 
 them in the following tonus : — A )iicfi.m quae ex 
 opere figidino tectis adfi</u)i/ui- suh stillicidio. 
 
 The "name antefiiais evidently derived from the 
 circumstance that they were faed hefure the 
 buildings which they adorned ; and the manner of 
 fixing them, at least in many cases, appears from 
 the remains of them still existing. At Scrofano, 
 supposed to be the ancient Veil, they were found 
 fastened to the frieze with leaden nails. At Vel- 
 letri, formerly a city of the Volsci, they were dis- 
 covered {see the foUowhui icoodcuf) with holes for 
 the nails to pass through. They were fonned in 
 moulds, and then baked by fire ; so that the 
 
 ANTEFIXA. 
 
 51 
 
 number of them might be increased to any extent, 
 and copies of the same design were no doubt fre- 
 (juently repeated on the same frieze. Of the great 
 variety and excpiisite beauty of the workmanship, 
 the reader may best form an idea by inspecting the 
 collection of them in the British Museum, or by 
 studying the engravings and description of that 
 collection published by Dr. Taylor Combe. 
 
 The two imperfect antefixa, here represented, 
 are among those found at Velletri, and described 
 by Carloni. (Romci, 1785.) 
 
 The first of them must have formed part of the 
 upper border of the frieze, or rather of the cornice* 
 It contains a panther's head, designed to serve as a 
 spout for the rain-water to pass through in de- 
 scending from the roof. Similar antefixa, but with 
 comic masks instead of animals' heads, adorned 
 the temple of Isis at Pompeii. {Pompeii, Lond. 
 1836, voh i. p. 281.) 
 
 The second of the above specimens represents two 
 men who have a dispute, and who come before the 
 sceptre-bearing kings, or judges, to have their 
 cause decided. The style of this bas-relief indi- 
 cates its high anticpiity, and, at the same time, 
 proves that the Volsci had attained to considera- 
 ble taste in their architecture. Their antefixa are 
 remarkable for being painted : the ground of that 
 here represented is blue ; the hair of the six men 
 is black, or brown ; their flesh red ; their garments 
 white, yellow, and red : the chairs are white. 
 The two holes may be observed, by which this 
 slab was fixed upon the building. 
 
 'If ^lf yjf \v' \if ~if/ \ 
 
 
 
52 
 
 ANTENNA. 
 
 'AN0E24>O'PIA. 
 
 Cato the Censor complained that the Romaiis of ' use antennae in the plural for the yard of a snvi 
 his time began to despise ornaments of this de- ship, probably because they considered it as con- 
 
 scription, and to prefer the marble friezes 
 Athens and Corinth. (Li v. xxxiv. 4.) The risin<; ; 
 taste which Cato deplored may account for the su- 
 perior beauty of the antefixa preserved in the Bri- 1 
 tish Museum, which were discovered at Rome. A 
 specimen of them is given at the end of the pre- 
 ceding page. It represents Minerva superintending 
 the construction of the ship Argo. The man with 
 the hammer and chisel is .\rgus, who built the 
 vessel under her direction. The pilot Tiphys is 
 assisted bj- her in attaching the sail to the yard. 
 The borders at the top and bottom are in the Greek 
 style, and are extremely elegant. Another speci- 
 men of the antefixa is given under the article 
 'ANTTH. [J. Y.] 
 
 ANTENNA (mpaia, Kepas), the yard of a ship. 
 The ships of the ancients had a single mast in 
 the middle, and a square-sail, to raise and support 
 which a tranverse pole, or yard, was extended 
 across the mast, not far from the top. In winter, 
 the yard was let down, and lodged in the vessel, 
 or taken on shore. " Effugit hybemas demissa 
 antenna procellas." (Ovid. Trisi. m. iv. 9.) 
 
 When, therefore, the time for leaving the port 
 arrived, it was necessary to elevate the yard, to 
 which the sail was preriously attached. For this 
 purpose a wooden hoop was made to slide up and 
 down the mast, as we see it represented in an an- 
 tique lamp, made in the form of a ship. (Bartoli, 
 Liicern. iii. .31 ; compare Isid. Hisp. Orit/. xx. 1.5.) 
 lo the two extremities of the yard {cornua, 
 dxpoKipaiai), ropes were attached, which passed 
 over the top of the mast ; and by means of these 
 ropes, and the pulleys {frocMeae) connected with 
 them, the yard and sail, guided by the hoop, were 
 hoisted to a sufficient height. The sail was then 
 unfurled, and allowed to fall to the deck of the 
 vessel. (Val. Flaccus, i. 313 ; Ovid, ^^rf. xi. 477.) 
 
 Caesar informs us (A//. 6W/. iii. 14) that, in order 
 to destroy the fleet of the Veneti, his soldiers 
 made use of sharp sickles, fastened to long poles. 
 With these they cut the ropes (funes), by which 
 the yard of each ship was suspended from the 
 mast. The consequence was, that the yard with 
 the sail upon it immediately fell, and the ship be- 
 came unmanageable. These ropes appear to have 
 been called in Greek Kepovxoi, whence in Latin 
 summi cerucM. (Lucan. viii. 177 ; VaL Flaccus, i. 
 469.) 
 
 Besides the ropes already mentioned, two others 
 hung from the horns of the antenna, the use of 
 which was to tuni it round as the wind veered, so 
 as to keep the sail opposite to the wind. This 
 operation is technically described by Virgil, in the 
 following line : — " Cornua velatarum obvertimus 
 antennarum." {Aen. iii. 549.) And more poeti- 
 cally V. 829 — 832, where he uses brachia for an- 
 tennae, and adds : — ^ Una ardua torquent Cornua, 
 detorquentque." 
 
 When a storm arose, or when the port was at- 
 tained, it was usual to lower the antenna {de- 
 miitere, KaJBiKe<r6ai, v<pievai), and to reef the 
 sail : — " Ardua jamdudum demittite cornua, rector 
 Clamat, ct antennis totum subucttite velum." (Ovid. 
 I. c. 483.) 
 
 Also before an engagement the antenna was 
 lowered to the middle of the mast {A/ifenm's ad 
 medium malum demissis, Hirt. De Bell. Ale.r.) 
 We may observe that the two last-cited authors 
 
 of ! sisting of two arms united in the middle. 
 
 From numerous representations of ships on 
 antique coins, intaglios, lamps, and bas-reliefs, 
 here select two gems, both of which show t, 
 velata antenna, but with the sail reefed in the one, 
 and in the other expanded and swollen with the 
 wind. 
 
 The former represents Ulysses tied to the ma-st, 
 in order to effect his escape from the Sirens ; it 
 shows the cornua at the extremities of the yard, 
 and the two ceruehi proceeding from thence to the 
 top of the mast. Besides these particulars, the 
 other gem represents also the ropes used for turning 
 the antenna so as to face the wind. [J. Y.] 
 
 ANTEPAGMENTA, doorposts, the jambs of 
 a door. 
 
 The inscription quoted in the article Axtae 
 contains also a direction to make jambs of silver 
 fir (antepagmenta af/iegna). Cato (De Re Rust. 
 xiv.), speaking of the construction of a farmhouse, 
 mentions stone lintels and jambs (jugumenta et 
 antejiagme.nta e.r lapide). Vitnivius (iv. 6) gives 
 minute instructions respecting the form and pro- 
 portions of the antepagmenta in the doors of 
 temples ; and these are found in general to cor- 
 respond Tvith the examples preserved among the 
 remains of Grecian architecture. (See Hirt. Bau- 
 kunst nach den Grunds'dfzen der Alien, xvi.) The 
 common term for a doorpost is jwatis. [J. Y.] 
 
 ANTESIGN.\'NI appear to have been a body 
 of troops, selected for the defence of the standard 
 {.<>'frium), before which they were stationed. (Liv. 
 iv.' 37 ; Caes. Bell. Cir. iiL 75. 84.) 
 ANTESTA'RI. [Actio, p. 9.] 
 'ANOES-pO'PIA, a flower-festival, principally 
 celebrated in Sicily, in honour of Demeter and 
 Persephone, in commemoration of the return of 
 Persephone to her mother in the beginning of 
 spring. It consisted in eathering flowers and twin- 
 ing garlands, because Persephone had been carried 
 off by Pluto while engaged in this occupation. (Pol- 
 lux, 0«o;n. i. 1. 37.) Strabo(vi.p. 8.edit. Tauchnitz) 
 relates that at Hipponium the women celebrated a 
 similarfestival in honour of Demeter, which was pro- 
 bably called anthesphoria, since it was derived 
 from Sicily. The women themselves gathered the 
 flowers for the garlands which they wore on the 
 occasion, and it would have been a disgrace to buy 
 the flowers for that purpose. Anthesphoria were 
 also solemnized in honour of other deities, especi- 
 ally in honom' of Juno, sumamed 'Ayflci'o, at 
 Argos (Paus. ii. 22. § 1), where maidens, canying 
 baskets fiUed with flowers, went in procession, 
 whilst a tune called UpaKiov was played on the 
 flute. Aphrodite, too, was worshipped at Cnossus, 
 under the name 'Affleia (Hesych. r.), and has 
 therefore been compared ^nth Flora, the Roman 
 deity, as the anthesphoria have been with the 
 Roman festival of the Jlorifertum. [L. S.] 
 
'ANTl'AOSIS. 
 
 'ANTirPA*H\ 
 
 53 
 
 'AN0E2TH'PIA. [UioNvsiA.] 
 'AN0E2THPl'nN. [Cai.kndak, Greek.] 
 'AN0Tnr2KO2l'A. ['TnnMOSl'A. J 
 'ANTI'AOSIS, in its literal and general mcan- 
 infr, " an exchange," was, in the language of the 
 Attic conrts, peculiarly applied to proceedings 
 under a law which is said to have originated with 
 Solon, (l)eniosth. in I'liacuipp. init.) By this, a 
 citizen nominated to perform a Iciturgia, such as a 
 trierarcliy or choregia, or to rank mnong tlie 
 property -tax payers in a class disproportioned to 
 his means, was empowered to call upon any 
 qualitied person not so charged to take the office 
 in his stead or submit to a complete exchange of 
 j)n)perty — the charge in question, of course, 
 attaching to the first party, if the exchange were 
 finally eHecti^d. (Buckh, Emu. of Athens, vol. ii. 
 p. 3()9.) For these proceedings the courts were 
 "[HMied at a stated time every year by tlie 
 magistrates that had official cognisance of the 
 jjarticular subject ; such as the strategi in cases of 
 trierarchy and rating to the property-taxes, and 
 the archon in those of choregia ; and to the tri- 
 bunal of such an officer it was the first step of the 
 thallenger to summon his opponent. (Demosth. in 
 J'liaeiiijij). p. 1040 ; Meier, Alt. I'rocess, p. 
 471 ; TTpoaKaKuaGal Tiva els dvTiSoffiv, Lysias 
 'Tirep Tov 'ASumrov, p. 74.5.) It may be pre- 
 sumed tliat he then formally repeated his pro- 
 posal, and tliat the other party stated his objec- 
 tions, wliicli, if obviously sufficient in law, might 
 perhaps autiiorise the magistrate to dismiss the 
 case ; if otherwise, the legal resistance, and pre- 
 parations for bringing the cause before the di- 
 casts, would naturally begin here. In the latter 
 case, or if the exchange were accepted, the law 
 directed the challenger to repair to the houses and 
 lands of his antagonist, and secure himself, as all 
 the claims and liabilities of the estate were to be 
 transfeiTed, from fraudulent encumbrances of the 
 ivdl property, by observing what mortgage pla- 
 cards (opoi ), if any, were fixed upon it, and against 
 clandestine removal of the other efiVcts, by scal- 
 ing up the chambers that contained them, and, if 
 he pleased, by putting bailitis in the mansion. 
 (Demostii. iu'riiacnipji. 1040, 1041.) His op- 
 [mnent was at the same time informed, that he was 
 at liberty to deal in like manner with the estate of 
 the challenger, and received notice to attend the 
 I)roper tribunal on a fixed day to take the usual 
 oath. The entries here described seem, in con- 
 templation of law, to have been a complete elfectua- 
 tion of the exchange (Demosth. in Mid. p. 540 ; 
 in Pluwnijip. p. 1041. 25), and it does not appear 
 that primarily there was any legal necessity for a 
 further ratification by the dicasts ; but, in prac- 
 tice, this nuist always have been required by the 
 conflict of interests between the parties. The next 
 proceeding was the oath, which was taken by both 
 parties, and purported that they would faithfully 
 discover all their property, except shiires held in 
 the silver mines at Lauiion ; for these were not 
 rated to leiturgiae or property taxes, nor conse- 
 quently liable to the exchange. In pursuance of 
 this agreement, the law enjoined that they should 
 exchiuii^e correct accounts of their respective assets 
 {a-wotpaans} within three days ; but in practice the 
 time might be extended by the consent of the 
 challenger. After this, if the matter were still uii- 
 compromised, it would assume the shape and fol- 
 low the course of an ordinary lawsuit [AI'KH], 
 
 under the conduct of the magistrate within whose 
 jurisdiction it had originally come. The verdict of 
 the dicasts, when adverse to the challenged, seems 
 merely to have rendered imperative the first de- 
 mand of his antagonist, viz. that he should submit 
 to the exchange or undertake the charge in ques- 
 tion ; and as the idternative was open to the fonner, 
 and a compromise might he acceded to by the lat- 
 ter at any stage of the proceedings, we may infer 
 that the exchange was rarely, if ever, finally ac- 
 complished. (Biickh, Econ. of Al/icns, vol. ii. 
 p. 370.) The irksomeness, however, of the se- 
 questration, during which the litigant was preclud- 
 ed from the use of his own property, and disabled 
 from bringing actions for embezzlement and the 
 like against others (for his prospective reimburse- 
 ment was reckoned a part of the sequestrated 
 estate, Demosth. in Aphob. ii. p. 841 ; in Mid. 
 p. 540), would invariably cause a speedy, per- 
 haps in most cases a fair, adjustment of the 
 burthens incident to the condition of a wealthy 
 Athenian. [J. S. M.] 
 
 'ANTirPA4>H' originally signified the writing 
 put in by the defendant, in all causes whether pub- 
 lic or private, in answer to the indictnu'nt or bill 
 of the prosecutor. From this signification it was 
 applied by an easy transition to the substance as 
 well as the forni of the reply, both of which are 
 also indicated by avTw/xoaia, which means primarily 
 the oath corroborating the statement of the ac- 
 cused. Haiimcration has remarked that antigraphe 
 might denote, as antomosia does in its more ex- 
 tended application, the bill and affidavit of either 
 party ; and tliis remark seems to be justified by a 
 passage of Plato. (Apoloy. Soc. p. 27. c.) Schii- 
 mann, however, maintains {Att. Procrss, 465) that 
 antigraphe was only used in this signification in 
 the case of persons who laid claim to an unassign- 
 ed inheritance. Here neither the first nor any 
 other claimant could appear in the chiiracter of a 
 prosecutor ; that is, no 5i'/c7) or tyKKriixa could be 
 strictly said to be directed by one competitor 
 against another, when all came forward voluntarily 
 to the tribunal to defend their several titles. This 
 circumstance Schiimaini has suggested as a reason 
 why the documents of each claimant were denoted 
 by the term in question. 
 
 Perhaps the word " plea," though by no means 
 a coincident tenn, may be allowed to be a tolerably 
 proximate rendering of antigraphe. Of pleas there 
 can be only two kinds, the dilatorjf, and those to 
 the action. The former in Attic law comprehends 
 all such allegations as, by asserting the incom- 
 petency of the court, the disability of the plaintiff, 
 or privilege of the defendant and the like, would 
 have a tendency to show that the cause in its 
 present state could not be brought into court 
 flfjoyti/yiixov flvai riijv Si'ktjc) : the latter, every- 
 thing that could be adduced by way of denial, ex- 
 cuse, justification, and defence generally. It must 
 be at the same time kept in mind that the process 
 called '* special pleading" was at Atlieiis supplied 
 b}' the magistrate holding the anacrisis, at which 
 both parties produced their allegations, with the 
 evidence to substantiate them ; and that the 
 object of this part of the proceedings was, under 
 the directions and with the assistance of the 
 magistrate, to prepare and enucleate the question 
 for the dicasts. The following is an instance of 
 the simplest form of indictment and plea : — 
 " ApoUodorus, the son of Pasion of Acharnae, 
 
54 
 
 'ANTirPA*Er2. 
 
 ANTLIA. 
 
 against Stephanus, son of Menecles of Achamae, 
 for perjurj'. The penalty rated, a talent. Ste- 
 phanus bore false witness against me, when he 
 gave in evidence the matters in the tablets. Ste- 
 phanus, son of Menecles of Achamae. I witness- 
 ed tndy, when I gave in evidence the things 
 in the tablet." (Demosth. in Stepli. i. 1115.) 
 The pleadings might be altered during the ana- 
 crisis ; but once consigned to the echinus, they, as 
 well as all the other accompanying documents, 
 were protected by the official seal from any change 
 by the litigants. On the day of trial, and in the 
 presence of the dicasts, the echinus was opened, 
 and the plea was then read by the clerk of the 
 court, together with its antagonist bill. Whether 
 it was preserved afterwards as a public record, 
 which we know to have been the case with re- 
 spect to the ypacp-fi in some causes (Diog. Laert. 
 lii. c. S. s. 19), we are not informed. 
 
 From what has been already stated, it will 
 have been observed that questions requiring a pre- 
 vious decision, would frequently arise upon the al- 
 legations of the plea ; and that the plea to the ac- 
 tion in particular would often contain matter that 
 woidd tend essentially to alter, and, in some ciises, 
 to reverse the relative positions of the parties. In 
 the first case, a trial before the dicasts would be 
 granted by the magistrate whenever he was loath 
 to incur the responsibility of decision ; in the se- 
 cond, a cross-action might be instituted, and car- 
 ried on separately, though perhaps simultaneously 
 with the original suit. Cases also would some- 
 times occur in which the defendant, from consi- 
 dering the indictment as an unwarrantable aggres- 
 sion, or perhaps one best repelled by attack, would 
 be tempted to retaliate upon some delinquency of 
 his opponent, utterly imconnected with the cause 
 in hand, and to this he would be, in most cases, 
 able to resort. An instance of each kind will be 
 briefly given by citing the common irapaypcupri, as 
 a cause arising upon a dilatorj- plea ; a cross-action 
 for assault (aiVi'as) upon a primary action for the 
 same (Demosth. in Ei: et Mnesib. p. 11 53) ; and a 
 ZoKinama, or " judicial examination of the life or 
 morals" of an orator upon an impeachment for mis- 
 conduct in an embassy (irapoirpecrgeia). (Aesch. in 
 Timarch.) All causes of this secondary nature (and 
 there was hardly one of any kind cognisable by the 
 Attic courts that might not occasionally rank among 
 them) were, when viewed in their relation with the 
 primaryaction, comprehended l)y the enlarged signi- 
 fication of antigraphe, or, in other words, this term, 
 inexpressive of form or substance, is indicative of 
 a repellent or retaUativc qualitj^, that might be in- 
 cidental to a great variety of causes. The dis- 
 tinction, however, that is implied by antigraphe 
 was not merely verbal and unsubstantial ; for we 
 are told, in order to prevent frivolous suits on the 
 one hand, and unfaii' elusion upon the other, the 
 loser in a paragraphe, or cross-action upon a private 
 suit was condemned by a special law to pay the 
 eiraigeAi'a ['EnnBEAl'A], rateable upon the valua- 
 tion of the main cause, if he failed to obtain the 
 votes of one-fifth of the jury, and certain court fees 
 (irpuTayeia) not originally incident to the suit. 
 That there was a similar provision in public causes 
 we may presume from analogy, though we have 
 no authority to determine the matter. (Meier, 
 Alt. Process, p. C52.) [J. S. M.] 
 
 'ANTirPA*Er2 were public clerks at Athens, 
 of whom there were two kinds. The first belonged 
 
 to the /BouAt) : his duty was to give an account to 
 the people of all the monej's paid to the state. (*Os 
 Kaft' 6(ca(TT7)f irpvTave'iay direKoyi^eTO tcls irpo- 
 (ToSovs r<ji SriiJ.iii. Aesch. Adr. Cti's. c. 11. p. 375.) 
 In the time of Aeschines, the duTiypaipevs ttjs 
 fiovXfjs was x^'poToyTjTos (Aesch. c); but in 
 later times he was chosen by lot. (Pollux, viii. fl. § 
 12.) The second belonged to the people, and 
 his duty was to check the accounts of the public 
 officers, such as the treasurers of the sacred 
 m(meys, of the war taxes, &c. (Aitto! Se riaau 
 dvTiypa(peis, 6 fxev Trjs SioiKrjafws, 6 5e Trjs fiouKijs. 
 Ilarprocrat. s. i:) 
 
 'ANTINO'EIA, annual festivals and quinquen- 
 nial games, which the Roman emperor Hadrian in- 
 stituted in honour of his favourite, Antinous, after 
 he was drowned in the Nile, or, according to 
 others, had sacrificed himself for his sovereign, in 
 a fit of religious fanaticism. The festivals were 
 celebrated in Bithynia, and at Mantinea, in 
 which places he was worshipped as a god. (Ael. 
 Spartianus Hadrian, c. 14 ; Dion Cass. Ixix. 10 ; 
 Paus. vii. .0. § 4.) [L. S.] 
 
 'ANTI'4'EPNA. [Dos.] 
 
 ANTIQUA'RII. [LiBRAnii.] 
 
 ANT'LIA (avTAia), any machine for raising 
 water ; a pump. 
 
 The annexed figure shows a machine which is 
 still used on the river Eissach in the Tyrol, the 
 ancient Atagis. As the current puts the wheel in 
 motion, the jars on its margin are successively im- 
 mersed and filled with water. When they reach 
 the top, the centrifugal force, conjoined witli their 
 oblique position, sends the water sideways into a 
 trough, from which it is conveyed to a distance, 
 and chiefly used for irrigation. Thus by the in- 
 cessant action of the current itself, a portion of it is 
 every instant rising to an elevation nearly equal to 
 the diameter of the wheeL 
 
 Lucretius (v. 317) mentions a machine con- 
 structed on this principle : — " Ut fluvios versare 
 rotas atque haustra videmus." The line is quoted 
 by Nonius Marcellus (lib. i.), who observes that 
 
'ANTXIMOSI'A. 
 
 ANTTH. 
 
 55 
 
 the jars or pots of such wlioels {rnlarum nulij are 
 prnperlv called " haustnt ab hauriendo," as in Greek 
 tliey are called avrXia. 
 
 In situations where the water was at rest, as in 
 a pond or a well, or where the current was too 
 slow and feeble to put the machine in motion, it 
 was constructed so as to be wrought by animal 
 force, and slaves or criminals were commonly em- 
 ployed for the purpose. Five such machines are 
 described by Vitmvius, in addition to that which has 
 liecn already explained, and which, as he observes, 
 was turned xine operurum calcafitni, ipsiiis flutnitiis 
 impuh-ti. These five were, l.the tympanum ; a tread- 
 wheel, wrought liomiiiihtts calcaniibus: 2. a wheel 
 resembling that in the preceding fifture ; but ha\-ing, 
 instead of pots, wooden boxes or buckets (nwdiuli 
 (/mii/rciti)^ so arranged as to form steps for those 
 who trod the wheel : 3. the chain-pump : 4. the 
 cnc/i/nt, or Archimedes's screw : and 5. the ctcdhica 
 ■iiiiic/iiiia, or forcing-pump. (Vitniv. x. c. 4 — 7 ; 
 Driebcrg, Piietim. Erfindungen do- Grieche/i, p. 44 
 —SO.) 
 
 Suetonius {Tiber. 51) mentions the case of a 
 man of equestrian rank, condenmed to the antlia. 
 The nature of the punishment may be conceived 
 from the words of Artemidorus {Oiieinicritim, i. 
 50). He knew a person who dreamt that he was 
 constantly walking, though his body did not move ; 
 and another who dreamt that water was flowing 
 from his feet. It was the lot of each to be con- 
 demned to the antlia ( (h aurKiav KciTaSiKaaBrjvat), 
 and thus to fulfil his dream. 
 
 On the other hand, the antlia with wliich Mar- 
 tial (ix. 19) watered his garden, was probably the 
 pole and bucket universally employed in Italy, 
 Greece, and Egypt. The pole is curved, as 
 shown in the annexed figure ; because it is 
 
 plications, or rejoinders, on th e other. ['ANTI- 
 
 rPA<i.H'.] " [J. w. 1).] 
 
 'ANTTH (probably allied etjmiologically to 
 'AMnTH), the rim or border of any thing, espe- 
 cially of a shield, or chariot. 
 
 The rim of the large round shield of the ancient 
 Greeks was thinner than the part which it en- 
 closed. Thus the ornamental border of the shield 
 of Achilles, fabricated by Vulcan, was only three- 
 fold, the shield itself being sevenfold. (//. xviii. 
 479.) In //. XX. 275, Achilles sends his spear 
 against Aeneas, and strikes his shield dvrvy'' viro 
 TrpojTTjc ; i. c, " on the outermost border," where 
 (it is added) the bronze was thinnest, and the 
 thinnest part of the ox-hide was stretched over it. 
 In consequence of the great size of this round 
 shield, the extreme border (d'cTuI iru/tar?), //. vi. 
 118) touched the neck of the wearer above, and 
 the lower part of his legs below. In the woodcut, 
 in the article Antefixa, we see the avrvt^ on one 
 side of Minerva's shield. 
 
 On tlie other hand, the dvTv^ of a chariot must 
 have been thicker than the bodj' to which it was 
 attached, and to wliich it gave both form and 
 strength. For the same reason, it was often made 
 double, as in the chariot of Juno. (Aoio! Se irepl- 
 dpo/xoi dvTvyes dai, II. v. 728.) In early 
 times, it consisted of the twigs or flexible stem 
 of a tree (opirriKes, It. xxi. 38), which were 
 polished and shaped for the purpose. After- 
 wards, a splendid rim of metal fonned the summit 
 of the chariot, especially when it belonged to a 
 person of wealth and rank. 
 
 In front of the chariot, the dvTvt, was often 
 raised above the body, into the form of a curva- 
 ture, which served the purpose of a hook to hang 
 the reins upon, when the charioteer had occasion 
 to leave his vehicle. (//. v. 2()2. 322.) Hence 
 Euripides says of Hippolytus, who had just as- 
 cended his chariot. (MapTrrei hi x^P"'^" V"^"'^ 
 dvTvyoi, 1. 1 1 78.) 
 
 On Etruscan and Greek vases, we often see the 
 chariot painted with this ap])endage to the rim 
 much elevated. The accompanying woodcut shows 
 it in a simpler fonn, and as it appears in the An- 
 tefixa, engraved in the work of Carloni, which 
 has been already quoted. 
 
 the stem of a fir, or some other tapering tree. 
 The bucket, being attached to the top of the tree, 
 bends it by its weight ; and the thickness of the 
 other extremity serves as a counterpoise. The 
 great antiquity of this method of raising water is 
 proved by representations of it in Egyptian paint- 
 ings. (Wilkinson, Manners and Cusi. of Anc. 
 EyypU ii. 1-4.) [J. Y.] 
 
 'ANTnMOSI'A, a part of the dvaKpiais, or 
 preliminary pleadings in an Athenian lawsuit. 
 The term was used of an oath taken by both par- 
 ties ; by the plaintiff, that his complaint was well- 
 founded, and that he was actuated by no improper 
 motives ; and by the defendant, that his defence 
 was tnie. It was also called Ziwixorrla. The oath 
 might contain either the direct affinnative or nega- 
 tive, in which case it was called 6iJ0u8iKi'a : or 
 amount to a demurrer, or irapaypacpri. The avTw- 
 fioaia of the two parties correspond to our bills or 
 declarations on the one side, and to the replies, re- | 
 
 By Synecdoche, dvrv^ is sometimes used for a 
 cliariid, the part being put for the whole. (Callim. 
 Hi/mn. in Dian. 140.) It is also used metaphori- 
 cally, as when it is applied by Moschus (ii. 88) to 
 the hoiTis of the new moon ; and by Euripides 
 {Ilijypij/. 1 1 35), to the frame of a lyre. 
 
 Likewise the orbits of the sun and planets. 
 
56 
 
 APATURIA. 
 
 APATURIA. 
 
 which were conceived to be circular, were called 
 avrvy^s ovpavioi. The orbit of Mars is so denomi- 
 nated in the Homeric Hymn to Mars (/. 8.) ; and 
 the zodiac, in an epigram of Synesius, descriptive 
 of an astrolabe. (Bmnck, An. ii. 449.) Alluding 
 to this use of the tenn, a celebrated philosopher, 
 having been appointed Prefect of Rome by the 
 Emperor Julian, and having thus become entitled 
 to ride in a chariot with a silver rim, laments 
 that he was obliged to relinquish an aetherial 
 for a silver ovtu|. (Themistius, Brunch, Anthnl. 
 ii. 404.) [J. Y.] 
 
 'AITATEAOI, the name of those youtlis among 
 the Cretans, who had not reached their eighteenth 
 year, and tlierei'ore did not belong to any dy^KT). 
 ['AFE'AH.] As these youths usually " lived in 
 their father's house, they were called (TKorioi. 
 (Schol. on Eiinp. Ale. 1009.) 
 
 'AHAmrH', a summary process, allowed in 
 certain cases by the Athenian law. The tenn de- 
 notes not merely the act of apprehending a culprit 
 caught in ipso facfo ; but also the written informa- 
 tion delivered to the magistrate, urging his ap- 
 prehension. (.Suidas. 'A7ra7eo7'^ /i-ijvvcns e'yypa<pos 
 SiSofj-evT) TrZ dpxovrt irepl tov Setv dvaxBrjuai ToV 
 Se7ya.) We must carefully distinguish between 
 the apayoge, the endeiris, and the epheffesis. The 
 endeix-is was an information against those who 
 took upon themselves some office, or exercised 
 some right, for which they were by law disquali- 
 fied ; or those whose guilt was manifest, so that 
 the punishment only and not the fact, was to be 
 dctciTnined. Pollux says, that the endeitit was 
 adopted when the accused was absent ; the apac/ogc, 
 when he was present. Demosthenes distinguishes 
 expressly between the cndcivk and the apagoye. 
 (c Timocr. p. 745. 29.) When the complain- 
 ant took the accused to the magistrate, the 
 process was caDed apagoge ; when he led the ma- 
 gistrate to tiie offender, it was called ephegesis ; 
 in the former case, the complainant ran the risk 
 of forfeiting 1000 drachmae, if his charge was 
 ill-founded, (l)emosth. c. Androt. p. GOl. 20. 
 Epputrai, Koi aavTcf ■n-iarevas ; diraye' tv X'^'^'S 
 56 o (ciVSuTOs. d(T0ev4(rTepos ef ; ro7s dpxovcriv 
 4(priyoO- rovTo ■woimovcni' tKiivoi.) The cases in 
 which the apugoge was most generally allowed, 
 were those of theft, murder, ill-usage of parents, 
 &c. The punishment in these cases was generally 
 fixed by law ; and if the atLUsed confessed, or was 
 proved guilty, the njanistrate could execute the 
 sentence at once, witlmut appealing to any of the 
 jury-courts ; otherwise, it was necessary that the 
 case should be referred to a higher tribunal. 
 (Aesch. c. Timarcli. c. 37 ; Demosth. De Fals. 
 Legat. 431. 7.) The magistrates who presided 
 over the aprigogr. were generally the Eleven (ot 
 eVSe/ca. Demosth. Adv. Timoci: c. 736 ; Li/s. Adv. 
 Ayordt. c. 85) ; sometimes the chief archon 
 (Aesch. c. Timarcli. c. (;4), or the thesmotlietae 
 (Demosth. c. Arisiocr. 630. 16). The most im- 
 portant passage with regard to the apayoye 
 (Lysias, c. Agorai. § 85, 86) is unfortunately 
 corrupt and unintelligible. (See Sluiter, Lcct. Aii- 
 docid. p. 254, &e.) The complainant was said 
 dirdyeiv rrlv dnayuiy^v : tlie niaciistratcs, when 
 they allowed it, irapcSexocTo rrjv dirayuyriv. 
 
 [J. W. D.] 
 
 'AHATH'SEnS ToC Sr^/iou yparp'n. ['AAIKI'AS 
 vpus rov SfjpLOU ypafpij.] 
 
 APATU'RIA (diraToupia) was a political festi- 
 
 val, which the Athenians had in common with all 
 the Greeks of the Ionian name (Herod, i. 147), 
 with the exception of those of Colophon and 
 Ephesus. It was celebrated in the month of 
 Pyanepsion, and lasted for three days. The ori- 
 gin of this festival is related in the following man- 
 ner : — About the year 110(( B. c, the Athenians 
 were carrying on a war against the Boeotians, con- 
 cerning the district of Cilaenae, or, according to 
 others, respecting the little town of Oenoe. 
 The Boeotian Xanthius, or Xanthus, challeng- 
 ed Thymoetes, king of Attica, to single com- 
 bat ; and when he refused, Melanthus, a Messe- 
 nian exile of the house of the Nelids, ottered him- 
 self to fight for Thymoetes, on condition that, if 
 victorious, he should be the successor to Thymoetes. 
 The offer was accepted ; and when Xanthius and 
 Melanthus began the engagement, there appeared 
 behind Xanthius a man in the rpayfj, the skin of a 
 black she-goat. Melanthus reminded his adversary 
 that he was violating the laws of single combat by 
 having a companion, and while Xanthius looked 
 around, Melanthus slew the deceived Xanthius. 
 From that time, the Athenians celebrated two fes- 
 tivals, the Apaturia, and that of Dionysus Melan- 
 aegis, who was believed to have been the man 
 who appeared behind Xanthius. This is the story 
 related by the Scholiast on Aristophanes. {Acharn. 
 146.) This tradition has given rise to a false e'ty- 
 mology of the name diraTovpia, whicli was fonnerly 
 considered to be derived from atraTav, to deceive. 
 All modern critics, however (Midler, Duriaiis, i. 
 5. 4 ; Welcker,^, •«■/<!//. 7'W/. p. 288). agree that the 
 name is composed of d—dfia, and tra-rvpia, which is 
 perfectly consistent with what Xenophou {Hellen. 
 i. 7. § 8) says of the festival : 'E*- oh {diraTovp'iots) 
 o'l T6 iraT6pey Ka! ot (rvyy^veis livnai <T(pi(Tiv 
 avTois. According to this derivation, it is the 
 festival at which the phratriae met, to discuss a^d 
 settle their own affairs. But, as every citizen was 
 a member of a phratria, the festival extended 
 over the whole nation, who assembled according to 
 p/iratriae. Welcker (^l«Aa«(/ z. Trilog. p. 200),on 
 account of the prominent part which Dionysus takes 
 in the legend respecting the origin of the Attic Apa- 
 turia, conceives that it arose from the circumstjince 
 that families belonging to the Dionysian tribe of 
 the Aegicores had been registered among the citi- 
 zens. 
 
 The first day of the festival, which probably fell 
 on the eleventh of the month of Pj anepsion, was 
 called SopTTi'a, or Sopireia (Philyll. in Heracl. in 
 Atheii. iv. p. 171 ; Hesych. and Suid. s. r.) ; on 
 which, every citizen went in the evening to the 
 phratrium, or to the house of some wealthy mem- 
 ber of his own ])hratria, and there enjoyed the 
 supper prepared for him. (Aristoph. Acliarn. 146.) 
 That the cup-bearers {oivotnai) were not idle on 
 this occasion, may be seen from Photius (Lexic. 
 s. r. Aopvia). 
 
 The second day was called ''Avdppvais {dva^- 
 pveiv) from the sacrifice offered on this day to 
 Zeus, sumamed 4>paTpioy, and to Athena, and 
 sometimes to Dionysus Melanaegis. This was a 
 state sacrifice, in wliich all citizens took part. The 
 day was chietly devoted to the gods, and to it 
 must, perliaps, be confined what Ilarpocraticm (s. 
 r'. Aafiirds) mentions, from the Attliis of Istnis, 
 that the Athenians at the apaturia used to dress 
 splendidly, kindle torches on the altar of Hephae- 
 stus, and sacrifice and sing in honour of him. 
 
APEX. 
 
 'A*OPMH"2 AI'KH. 
 
 57 
 
 Proclus on Plato {Tim. p. "21. h.), in opposition to 
 all other autliorities, calls the Hrst day of the Apa- 
 turia 'Arap^utris, and the second SopTri'a, which is, 
 perhaps, nothing more than a slip of his pen. 
 
 On the third day, called Kovpeuris (Kovpos), 
 children born in that year, in the families of the 
 phratriae, or such as were not yet registerod, were 
 taken by their fathers, or in their absence, by their 
 representatives (/cupioi), before the assemljled 
 members of the phratria. For every child, a 
 sheep or goat was sacrificed. The victim was 
 called yueioj', and he who sacrificed it /H€ia7ai7or, 
 ixeiaywytlv. It is said that the victim was not 
 allowed to be below (I larpotrat. Suid. Phot. s. (,•. 
 Meiov), or, accordinj; to I'olhix (iii. o'2), above, a 
 certain weight. Whenever any one thonght he 
 had reason to oppose the reception of the child 
 into the phratria, he stated the case, and, at the 
 same time, led away the victim from the altaf. 
 (Demosth. c. Mucart. p. 1054.) If the mem- 
 bers of the phratria found the objections to the 
 reception of the child to be sufficient, the vic- 
 tim was removed ; when no objections were 
 raised, the father, or he who supplied his place, 
 was obliged to est;il)lish by oath that the child was 
 the offspring of free-born piirents, and citizens of 
 Athens. (Isaeus, Dc Haeml. Cirun. j). 100. § 19 ; 
 Demosth. c. Eubul. p. 1315.) After the victim 
 was sacrificed, the phratores gave their votes, 
 which they took from tlie altar of Jupiter Phra- 
 trius. When the majority voted against the re- 
 ception, the cause might be tried before one of the 
 courts of Athens ; and if the claims of the child 
 were found unobjectionable, its name, as well as that 
 of tlie father, was entered in the register of the 
 phratriii, and those who had wished to effect the 
 exclusion of the child were liable to be punished. 
 (Demosth. c. Mamrt. p. 1078.) Then followed 
 the distribution of wine, and of the victim, of 
 which everj- plirator received his share ; and poems 
 were recited by the elder boys, and a prize was 
 given to him who acquitted himself the best on the 
 occasion. (Plat. Tim. p. 21, i.) On this day, also, 
 illegitimate children on whom the privileges of Athe- 
 nian citizens were to be bestowed, as well as child- 
 ren adopted by citizens, and newly created citi- 
 zens were introduced ; but the last, it appears, could 
 only be received into a jjhratria when they had 
 previously been adopted by a citizen ; and their 
 children, when born by a mother who was a citi- 
 zen, had a legitinuate claim to be inscribed in the 
 phratria of their grandfather, on their mother's 
 side. (Plainer, Brilrac/i; p. 108.) In later times, 
 however, the difficulties of being admitted into a 
 phratria seem to have been greatly dimiiushed. 
 _ Some w riters have added "a fourth day to this fes- 
 tival, under the name of firiSSa (Ilesych. s. r. 
 'Atrarovpia: and Simplicius on Ariatot. Phys. iv. 
 p. Ifi7. «.);^but this is no p.articular day of the 
 festival, for iiriSZa signifies nothing else but a day 
 subsequent to any festival. (See Rhunken, Ad. 
 Tim. Lev. Phil. p. 119.) [L. S ] 
 
 'AnEAETfeEPOI. [LiBEllTl.] 
 APERTA NAVIS. [Aphractits.] 
 APEX, a cap worn by the fiamines and salii at 
 Rome. The use of it was very ancient, being 
 reckoned among the primitive institutions of Numa. 
 " Hinc ancilia, ab hoc apices, capidasque repertas." 
 (Lueilius, Sat. \x.) Compare Virgil,. Ira. viii. ()G3, 
 664. The essential part of the apex, to whicli alone 
 the name property belonged, was a pointed piece of 
 
 olive-wood, the base of which was surrounded with 
 a lock of wool. This was worn on the top of the 
 head, and was held there either by fillets only, or, 
 as was more commonly the case, by the aid of a 
 cap, which fitted the head, and was also fastened 
 by means of two strings, or bands, (amimfit, Inra. 
 Servius, in VinjiL 1. c. also ii. ()83 and x. 270.) 
 These bands had, it appears, a kind of knot, or 
 button, called ojfcndix; or offendicidum. (Festus, s. 
 f. Offeiulia-s.') 
 
 The fiamines were forbidden by law to go into 
 public, or even into the open air without the apex. 
 (Scaliger in Festum. s. v. Apit-vhim.) Sulpitius was 
 deprived of the priesthood, only because the apex 
 fell from his head whilst he was sacrificing. (Val. 
 Max. i. 1.) 
 
 Dionysius of Halicamassus describes the cap as 
 being of a conical form. {Ant. Rom. ii.) On ancient 
 monuments we see it round as well as conical. 
 From its various fonns, as shown on bas-reliefs 
 and on coins of the Roman emperors, who as 
 priests were entitled to wear it, we have selected 
 six for the annexed woodcut. The middle figure 
 is from a bas-relief, showing one of the salii with 
 the rod in his right hand. [Ancile.] 
 
 From apex was fonned the epithet opicatiis. 
 applied to the flaraen dialis by Ovid (Fast iii 
 
 [J. Y.l 
 
 'A4.ETOr 'HME'PAI w.Te the davs, usually 
 festivals, on which the 0ov\rj did not meet at 
 Athens. (Pollux, viii. 95; Demosth. ,-. Timncr. 
 c. 7. p. 708 ; Xen. firp. Allw,,. iii. 2. 8 ; Aristoph. 
 Themmq^h. 79, 80.') 
 
 'A'J.AASTON. '[Aplustre.] 
 
 'A*OPMH-2 AI'KH was the action brought 
 against a banker or monev-lender (rpairefiVTjs) to 
 recover funds advanced fi.r the purpose of being 
 employed as banking capital. Though such moneys 
 were also styled irapaK:aTa97j/coi, or deposits, to 
 distinguish them from the private capital of 
 the banker (iSi'a aipop^iTj), there is an essential 
 difterence between the actions d<pop/j.rjs and 
 napaKaraei^Kns, as the latter implied that the 
 defendant had refused to return a deposit intrust- 
 ed to him, not upon the condition of his paying a 
 stated interest for its use, as in the fonner case, 
 but merely that it might be safe in his keeping 
 till the afifairs of the plaintifl' sliould enable him to 
 resume its possession insecurity. ( Herald. ^l«mia</. 
 in Sahn. 182.) The former action was of the class 
 irpus riva, and came under the juribdiction of the 
 
58 
 
 'A4>POAI'2IA. 
 
 thesmothetae. The speech of Demostheries in 
 belialf of Phomiio was made in a vapaypaipy) 
 against an action of this kind. [J. S. M.] 
 
 APHRACTUS (dippaKTOs vaus), called also 
 nan's apeiia, a ship which had no deck, but was 
 merely covered with planks in the front and 
 hinder part, as is represented in the following cut, 
 taken from a coin of Corcvra. 
 
 The ships, which had decks, were called Kard- 
 <j)paKTOi, and iectae or struiae. (Compare Cic. 
 Att. V. 11, 12, 13; vi. 8 ; Liv. xxxi. 22; Hirt. 
 Bell. Alc.r. 11. 13; Cae&. Bell. Civ. i. bC> ; Atqtie 
 conteocenmi, %it essent ah iciu teloruni remiqes iuii, 
 ii. 4 ; Polyb. i. 20. § 15.) At the time, of the 
 Trojan war, tlie Greek ships had no decks (oi)5 
 TO TrKota KaTa,(ppaKTa txovTas, Thuc. i. 10), but 
 were only covered over in the prow and stern, 
 which covering Homer calls the tKpia. vri6s. Thus 
 Ulysses, when preparing for combat witli Scylla, 
 says {Od. xii. 229), Eis i/cpia vrios iSaivovTlpiLpr\s. 
 Even in the time of the Persian war, the Athenian 
 ships appear to have been built in the same man- 
 ner, since Thucydides expressly Sciys that " these 
 ships were not yet entirely decked"' {avTai oviru 
 flx"" iratr?)? KaTaffrpia/j-aTa, Thuc. i. 14). 
 (See Scheffer, JJe Militia Narali, ii. c. 5. p. 130.) 
 
 'A*POAl'2IA were festivals celebrated in ho- 
 nour of Aphrodite, in a great number of towns in 
 Greece, but particularly in the island of Cj'prus. 
 Her most ancient temple was at Paphos, which 
 was built by Aerias, or Cinyras, in whose family 
 the priestly dignity was hereditary. (Tacit. Hist. 
 ii. 3 ; A/i/ial. iii. G2.) No bloody sacrifices were 
 allowed to be offered to her, but only pure fire, 
 flowers, and incense (Virg. Aen. i. 116) ; and 
 therefore, when Tacitus (Hist. ii. 3) speaks of vic- 
 tims, we must either suppose, with Emesti, that 
 they were killed merely that the priests might in- 
 spect their intestines, or for the puqiose of afford- 
 ing a feast to the persons present at the festival. 
 At all events, however, the altar of the goddess was 
 not allowed to be polluted with the blood of the vic- 
 tims, which were mostly he-goats. Mysteries were 
 also celebrated at Paphos in honour of Aphrodite ; 
 and those who were initiated offered to the goddess 
 a piece of money, and received in retuni a measure 
 of salt and a phallus. In the mysteries them- 
 selves, they received instructions if rtj riyyv 
 fioiXtKV. A second or new Paphos had been 
 built, according to tradition, after the Trojan war, 
 by the Arcadian Agapenor ; and, according to 
 Strabo (xiv. p. 244, edit. Tauchnitz), men and 
 women fnmi other towns of the island assembled 
 at New Paphos, and went in solemn procession to 
 Old Paphos, a distance of sixty stadia ; and the 
 
 APLUSTRE. 
 
 name of the priest of Aphrodite, dyfirup (Hcsych. 
 s. ^•.), seems to have originated in his heading this 
 procession. Aphrodite was worshipped in most 
 towns of Cyprus, and in other parts of Greece, 
 such as Cythera, Sparta, Thebes, Elis, &c. ; and 
 though no Aphrodisia are mentioned in these places, 
 we have no reason to doubt their existence : we 
 find them expressly mentioned at Corinth and 
 Athens, where they were chiefly celebrated by the 
 numerous prostitutes. (Athen. xiii. p. 574. 5/9 ; 
 xiv. p. 659.) Another great festival of Aphrodite 
 and Adonis in Sestus, is mentioned by Musaeus 
 (Hero ami Leand. 42). " [L. S.] 
 
 APLUSTUE (a<pAa<rTov), an ornament of 
 wooden planks, which constituted the highest part 
 of the poop of a ship. 
 
 The position of the aplustre is sho^vn in the 
 representjitions of ancient vessels in the articles 
 Anchor.a. and Antknna. The forms there ex- 
 hibited show a correspondence in the general ap- 
 pearance and effect between the aplustre which 
 tenninated the stern, and the aKpoaroAiov which 
 advanced towards it, proceeding from the prow. 
 ['AKPOSTO'AION.] At the junction of the 
 aplustre with tlie stem on which it was based, 
 we conmionly observe an ornament resembling a 
 circular shield : this was called da-iTide7ov or da-irt- 
 SiffffTj. It is seen on the two aplustria here repre- 
 sented. 
 
 In the history of the Argonautic expedition, a 
 bird is described, which perches on the a])lustre of 
 the ship Argo, and delivers oracular counsel. 
 (ApoUon. Rhod. i. 1089.) Afterwards the ex- 
 tremities of this appendage to the stern are 
 smashed by the collision of the Spnplegados, while 
 the body of the vessel narrowly escapes on its 
 passage between those islands. (ApoUodor. i. 9. 
 22 ; Apollon. Rhod. ii. 601 ; Val. Flac. iv.) 
 
 In the battle at the ships related hy Homer (//. 
 XV. 716), as they had their poops landwards and 
 nearest to the Trojans, Hector takes a firm hold 
 of one by its aplustre, whilst he incites his fol- 
 lowers to bring fire and bum them. After the 
 battle of Marathon, some similar incidents are 
 mentioned by Herodotus (vi. 114), especially the 
 distinguished bravery of Cynaeginis, brother of the 
 poet Aeschylus, who having seized the aplustre of a 
 
'AnOKH'PTEIS. 
 
 'AnorpA<i>H'. 
 
 59 
 
 Persian ship, had his hand cut off by a hatchet. 
 In these cases we must suppose the aplustre to 
 have been directed, not towards the centre of the 
 vessel, but in the opposite direction. 
 
 The aphistre rose immediately behind the 
 gubemator, who held the rudder and guided the 
 ship, and it served in some degree to protect him 
 from the wind and rain. The figure introduced 
 in the article Anchora, shows that a pole, 
 spear, or sUuidard (crTr)A.is, trruAij) was sometimes 
 erected beside the aplustre, to which a tillet or 
 pennon (raivia) was attached. This served both 
 to distinguish and adorn the vessel, and also to 
 show the direction of the wind. In the figure of 
 a ship, sculptured on the colmnn of Trajan, we see 
 a lantern suspended from the aplustre so as to hang 
 over the deck before the gubernator. In like 
 manner, when we read in Virgil (Gear;/, i. 304 ; 
 Acn. iv.41 8), " Puppibus et laeti nautae imposuere 
 coronas," we nuist suppose the garlands, dedicated to 
 tlie domestic or marine divinities, and regarded as 
 symbols of a prosperous voyage, to be attached to 
 tiie aplustria ; and to these and similar decorations 
 expressive of joy and hope, (iregory Nazianzen 
 appears to allude in the phrase Mea irpv/ivris 
 {Curm. X. .5), and ApoUonius Rhodius (/. c.) in the 
 expression d^\dirToio KopvfxSa. 
 
 It is cedent that the aplustre, formed of com- 
 paratively thin boards, and presenting a broad sur- 
 face to the sky, would be very apt to be shaken 
 by violent and contrary winds. Hence Rutilius, 
 describing a favourable gale, says, " Inconcussa 
 vehit tranquillus aplustria flatus ; Mollia securo vela 
 rudente tremunt." 
 
 In conse(|uence of its conspicuous position and 
 beautiful fonn, the aplustre was often t;iken as the 
 emblem of maritime ati'airs. It was carried off as 
 a trophy by the coniiueror in a naval engagement. 
 Juvenal (x. 133) mentions it among the decora- 
 tions of a triumphal arch. 
 
 Nei)tune, as represented on gems and medals, 
 sometimes holds the aplustre in his right hand ; 
 
 and in the celebrated Apotheosis of Homer, now 
 in the British Museum, the female who personates 
 the Odyssey exhibits the same emblem in reference 
 to the voyages of Ulysses. [J. Y.] 
 
 'AnOBA'THS. [Desultores.] 
 
 'AnOKH'PTHIS implies the method by which 
 a father could at Athens dissolve the legal con- 
 nection between himself and his son. According 
 to tile author of the declamation on the subject 
 ('k■nuK■npv^^6^^ivos), which has generally been 
 
 attributed to Lucian, substantial reasons were re- 
 quired to insure the ratification of such extraor- 
 dinary severity. Those suggested in the treatise 
 referred to are, deficiency in filial attention, riotous 
 li\'ing, and profligac}' generally. A subsequent act 
 of pardon might annul this solemn rejection ; but 
 if it were not so avoided, the son was denied by 
 his father while alive, and disinherited afterwards. 
 It does not, however, a])pcar that his privileges as 
 to his tribe or the state underwent any alteration. 
 The court of the archon must have been that in 
 which causes of this kind were brought forward, 
 and the rejection would be completed and declared 
 by the voice of the herald. It is probable that an 
 adoptive father also might resort to this remedy 
 against the ingratitude of a son. (Demosth. in Spud. 
 10-29 ; Petit. Liy. Atf. -23,).) [J. S. M.] 
 
 'AnOXEIPofoNErN. pAPXAIPESI'A.] 
 APODECTAE (airoSeKTai) were public officers 
 at Athens, who were introduced by Clcisthenes in 
 the place of the ancient colacretae (/c&)\aKpeTai). 
 They were ten in number, one for each tribe, and 
 their duty was to collect all the ordinary taxes 
 and distribute them to the separate branches of the 
 administration, which were entitled to them. They 
 had the power to decide causes connected with the 
 subjects under their management ; though if the 
 matters in dispute were of importance, they were 
 obliged to bring them for decision into the ordinary 
 courts. (Pollux, viii. 97 ; Etymolog. Mag. ; Harpo- 
 crat. ; Aristot. PoL vi. 5. 4 ; Demosth. c. Timoer. 
 p. 750. 7G2 ; Aesch. c. Ctcs. p. 373.) 
 
 'AnOrPA<i>H^ is literally " a list, or register ;" 
 but in the language of the Attic courts, the tenns 
 diroypd^petv and dttoypd(pe(rdai had three separate 
 applicatii)ns : — 1. 'AiroYpaiprj was used in reference 
 to an accusation in pubbc matters, more particularly 
 when there were several defendants ; the deimncia- 
 tion, the bill of indictment, and enumeration of the 
 accused, would in this case be temied apographe, 
 and differ but little, if at all, from the ordinary 
 gniphe. (Andoc. De Myst. 13; Antiph. De 
 ClujTcut. 7!i3.) 2. It implied the making of a so- 
 lemn protest or assertion before a magistrate, to 
 the intent that it might be preserved by him, till 
 it was required to be given in evidence. (Demosth, 
 in Pliacn. 1040.) 3. It was a specification of pro- 
 perty, said to belong to the stiite, but actually in 
 the possession of a private person ; which speci 
 fication was made, with a view to the confiscation 
 of such property to the state. {\jy&ia&, De A risiupk. 
 Bonis.) 
 
 The last ease only requires a more extended il- 
 lustration. There would be two occasions upon 
 which it would occur ; first, when a person held 
 public property without purchase, as an intnuler ; 
 and secondly, when the substance of an individual 
 was liable to confiscation in consequence of a judi- 
 cial award, as in the case of a declared state 
 debtor. If no opposition were offered, the oTro- 
 ypcKp^ would attain its object, under the care^ the 
 magistrate to whose office it was brought ; other- 
 wise, a public action arose, which is also desig- 
 nated by the same title. 
 
 In a cause of the first kind, which is said 
 in some wises to have also borne the name 
 ir66ev fx^' tc) \p-/ifiaTa Kai iroaa ravra etr), the 
 claimant against the state had merely to prove 
 his title to the property ; and with this we 
 must class the case of a person that impugned 
 the dvoypaip-q, whereby the substance of "an- 
 
60 
 
 AnOAEl'^^'EnS Al'KH. 
 
 'AnO*OPA'. 
 
 other was, or was proposed to be, confiscated, on 
 the pnnind that he had a loan by way of mortgage 
 or other recognised security upon a portion of it ; 
 or that the part in tjuestion did not in any w-a\' 
 hehmg to the state debtor, or person so mulcted. 
 This kind of opposition to the d7roypa<pr) is illus- 
 trated in the speech of Demosthenes against 
 Nicostratus, in which we learn that Apollodorus 
 had instituted an diroypa(pri against Arethusius, 
 •for non-payment of a penalty incurred in a former 
 action. Upon this, Nicostratus attacks the de- 
 scription of the property, and maintains that thrci' 
 slaves were wrongly set down in it as belonging 
 to Arethusius, for they were in fact his own. 
 
 In the second case, the defence could of course 
 only proceed upon the alleged illegality of the former 
 penalty ; and of this we have an instance in the 
 speech of Lysias, for the soldier. There Polyaenus 
 had been ccmdemned by the generals to pay a fine 
 for a breach of discipline ; and, as he did not pay 
 it within the appointed time, an airoypafr) to the 
 amount of the fine was directed against him, 
 which he opposes, on the ground that the fine was 
 illegal. The d,Troypa<pri might be instituted by an 
 Athenian citizen ; but if there were no private 
 prosi'ciitor, it became the duty of the demarchi to 
 proceed with it officially. Sometimes, however, 
 extraordinary commissioners, as the avWoy^iS and 
 ^r)Ti]Tai, were appointed for the puqiose. The 
 suits instituted against the ct7ro7pa4)7) belonged to 
 ■the jurisdiction of the Eleven, and for a while to 
 that of the Syndiei. (Ilpos tois cucSikois dvo- 
 ypa(f>a,s diToypd<t><jiv, Lycurg. quoted by Haqxi- 
 tratinn.) Tiie further conduct of these causes 
 would of course in a great measure depend upon 
 the claimant being or not being in possession 
 of the proscribed property. In the first aise the 
 diroypdcpav, in the second the claimant, would 
 appear in the character of a plaintitf. In a case 
 like that of Nicostratus above cited, the claimant 
 would be obliged to deposit a certain sum, 
 which he forfeited if he lost his cause (TrapaKara- 
 goAjj) ; in all, he would probably be obliged to pay 
 the costs or court fees (Trpuraceia) upon the same 
 contingency. 
 
 A private citizen, who prosecuted an indivi- 
 dual by means of diroypcup^, forfeited a thousand 
 drachmae, if he failed to obtain the votes of one- 
 fifth of the dicasts, and reimbursed the defendant 
 liis prytaneia upon acquittal. In the former case, 
 too, he would probably incur a modified atiniia, 
 i. e. a restriction from bringing such actions for 
 the future. [J. S. M.] 
 
 'AnOAEl'^EnS Al'KH. The laws of Athens 
 permitted either the husband or the wife to call 
 for and effect a separation. If it originated with 
 the wife, she was said to leave her husband's 
 housi' ( airoAeiVeii'^ ; if otherwise, to be dismissed 
 from it (dTroTrfjairetrfiat). The dismissal of the wife 
 seems to have required little, if any formality ; 
 but, as in one instance we find that the hasliand 
 called in witnesses to attest it, we may infer that 
 their presence upon such an occasion was custo- 
 mary, if not necessary. (Lysias, in Alcib. 541. /. 7.) 
 If, however, it was the wife that first moved in 
 the matter, there were other proceedings pre- 
 scribed by a law of Solon ; and the case of a 
 virtuous matron like Hipparete, driven, by tlie in- 
 sulting profiigacy of her husband Alcibiades, to ap- 
 pear before the archon sitting in his court, and 
 there relate her wrongs and dictate their enrol- j 
 
 nient, must have been trying in the extreme. 
 No Kvpios was permitted to speak for her upon 
 this occasion ; for, until the separation was com- 
 pleted, her husband was her legal protect(jr, 
 and her husband was now her opponent. (I'lut. 
 ill Ale.) Whether the divorce was voluntary 
 or otherwise, the wife resorted to the male rela- 
 tive, with whom she would have remained if she 
 had never quitted her maiden state ; and it 
 then became his duty to receive or recover 
 from her late husband all the property that she 
 had brought to him in acknowledged dowry upon 
 their marriage. If, upon this, both parties were 
 satisfied, the divorce was complete and final ; if 
 otherwise, an action d-n-oX6i'i|/eais, or d7ro7r€jai|/6a)S, 
 would be instituted, as the case might be, by the 
 party opposed to the separation. In this the 
 wife would appear by her representative, as above 
 mentioned ; but of the foiTus of the trial and its 
 results we have no information. [J. S. M.] 
 
 'AnOAAn'NIA is the name of a propitiatory 
 festival solemnized at Sicyon, in honour of Apollo 
 and Artemis, of which Pausanias (ii. 7. § 7) gives 
 the following aceoimt : — A polio and Artemis, after 
 the destniction of the Python, had wished to be 
 purified at Sicyon (Acyia/ca) ; but being driven 
 away liy a phantom (whence in after-times a cer- 
 tain spot in the town was called <fid§os), they pro- 
 ceeded to Carmanos in Crete. Upon this the 
 inhabitants of Sicyon were attacked by a pesti- 
 lence, and the seers ordered them to appease the 
 deities. Seven boys and the same number of girls 
 were ordered to go to the river Sythas, and Ijathe 
 in its waters ; then to carry the statues of the two 
 deities into tlie temple of Peitho, and from thence 
 back to that of Apollo. Similar rites, says Pausa- 
 nias, still continue to be observed ; for at the fes- 
 tival of Apollo, the boys go to the river Sythas, 
 and carry the two deities into the temple of Peitho, 
 and thence back to that of Apollo. 
 
 Although festivals under the name of ApoUonia, 
 in honour of Apollo, are mentioned in no other 
 place, still it is not improbable that they existed un- 
 der the same name in other towns of (ireece. [L. S.] 
 
 'AnnM02I'A denoted the affidavit of the liti- 
 gant who impugned the allegations upon which the 
 other party grounded his petition for iiostponement 
 of the trial. ['TnnMOSrA.] If it were insisted 
 upon, it woidd lead to a decision of the question 
 of delay by the court before which the petition 
 was preferred. (Pollux, viii. 5(i.) [J. S. M.] 
 
 'AnonE'MVEns ai'kh. [AnoAEi'^'Ens 
 
 Al'KH.] 
 
 'AnO'-J-ANSIS, or 'AnO'4>A2I2, was used in 
 several significations in the Attic courts. I. It 
 signified the proclamation of the decision which 
 the majority of the judges came to at the end of a 
 trial. This proclamation appears to have been 
 made by means of a herald. {'ChroTav tos \piil(povs 
 dvaKrjpvTTutn twv KpiTwv. Lucian. I'm Iinui/in. 
 c. 2!).) II. It was used to signify the day on 
 which the trial took place. (Demosth. c. l£iicr()ct. 
 c. 13. p. 1 153 ; Lex Rhetor, p. 210.) III. It was 
 employed to indicate the account of a person's 
 pro])erty, which was obliged to be given when an 
 d^'Ti'Socris was demanded. ['ANT1'A02I2.] 
 
 'An04>0PA', which properly means " produce or 
 profit" of any kind, was used at Athens to signify 
 the profit which accrued to masters from their 
 slaves (dTToipopd iirrl rd diro tCv ZovKwv tois 
 S^airdTais irapexoiJ'ii'ti XP'f""''''') Amnionius). It 
 
•AnOSTASl'OT AI'KH. 
 
 APOTHEOSIS. 
 
 61 
 
 thus signified the sum which slaves paid to theii- 
 masters when they hibourcd on their own account, 
 and the smn which masters received when tliev let 
 out their slaves on hire either for the mines or any 
 other kind of labour, and also the money which 
 was paid by the state for the use of the slaves who 
 served in the fleet. (Demosth. c. Aphoh. i. c. 6. 
 p. 819; c. Nicosti: c. G. p. 1253; Andoc. De. 
 Mi/ster. c. 9. p. 19 ; Xen. Rep. Ath. i. 11.) The 
 term dnoipopa was alsoapi)lied to the money which 
 was paid by the allied states to Sparta, for the 
 purpose of can-ying on the war against the Persians. 
 When Athens acquired the supremacy, these 
 monej's were called <p6poi. 
 
 APOPHORE'TA (dirocp6iynra) were presents, 
 which were given to friends at the end of an 
 entertainment to take home with them. These 
 presents appear to have been usually given on 
 festival davs, especially during tlie Saturnalia. 
 (Suet. Vcsp. 19; Gel. 55; Or/av. 75; Martial, 
 xiv. 1. 7. )).) 
 
 'AnO^PA'AES 'HME'PAI were unlucky or un- 
 fortunate days, (m which no public business, nor 
 any import;mt affairs of any kind, were transacted 
 at Athens. Such were the last three days but one 
 of every month (£fi/iiiol. Mii;/.). and the twenty- 
 fifth day of the month Thargelion, on which the 
 plynteria were celebrated. (Plut. Alcih. c. 34; 
 Lucian, Psciidohxi. c. 13; Schiimann, De Comitiis, 
 p. 50.) 
 
 'AITO'PPHTA, literally " things forbidden," has 
 two peculiar but widely different acceptations in 
 the Attic dialect. In one of these it implies con- 
 traband goods, an enumeration of which at the 
 different periods of Atlienian historj% is given by 
 Bockh in his Publ. Earn, of Athens, \. p. 76 ; in the 
 other, it denotes certain contumelious epithets, from 
 the application of which both the living and the 
 dead were protected by special laws. (Meier, Alt. 
 Process, p. 482.) Among these, dvSp6<pouos, 
 iraTpaXolas, and jur)TpoA.oi'os are certainlj' to be 
 reckoned ; and other words, as pi^cunris, though 
 not forbidden nominatim by the law, seem to have 
 been equally actionable. (Lysias, c. T/ieomn. i. 353 ; 
 ii. 377; see Heraldus. Animad. in Salinas, c. 13.) 
 The penalty for using these words was a fine of 500 
 drachmae (Isoc. in Lnrh. 396), recoverable in an ac- 
 tion for abusive language. [KAKHPOPI'AS.] It is 
 sunnised that this fine was incurred by Midias in 
 two actions on the occasion mentioned by Demos- 
 thenes {in Mid. 540. 543 ; see also Hudtwalcker, 
 De Diactct. p. 150). [J. S. M.] 
 
 'An02TA2l'0T AI'KH. This is the only pri- 
 vate suit which came, as far as we know, under the 
 exclusive jurisdiction of the polemarch. (.Aristotle, 
 DeAth. Rep. quoted by Harpocrat.) It could be 
 brought against none but a freedman (dweAeu- 
 depos), and the only prosecutor pcnnitted to ap- 
 pear was the citizen to whom he had been 
 indebted for his liberty, unless this privilege was 
 transmitted to the sons of such fonner master. 
 The tcnour of the accusation was that there had 
 been a default in duty to the prosecutor ; but what 
 attentions might be claimed from the freedman, we 
 are not informed. It is said, however, that the 
 greatest delict of this kind was the selection of a 
 patron (-rrpoaTaTTis) other than the former master. 
 If convicted, the defendant was publicly sold ; but 
 if acquitted, the unprosperous connection ceased 
 for ever, and the freedman was at liberty to select 
 any citizen for his patron. The patron could also 
 
 summarily punish the above-mentioned delinquen- 
 cies of his freedman by private incarceration with- 
 out any legal award. (Petit. Lec/c/. Attic, p. 
 261.) '[J. S. M.] 
 
 'AnOSTOAEI'S were ten public olficers at 
 Athens, whose duty was to see that the ships 
 were properly equipped and provided by those 
 who were bound to discharge the trierarchy. They 
 had the power, in certain cases, of imprisoning the 
 trierarchs who neglected to furnish the shi])s pro- 
 perly (Demosth. Pro Cor. p. 262) ; and tliey a]>- 
 pear to have constituted a board in conjunction 
 with the inspectors of the docks (of T<iv viup'iwv 
 iirifieXTiTai) for the prosecution of all matters re- 
 lating to the equipment of the ships. (Demosth. 
 e. Eiieri/. p. 1147 ; Meier, Att. J'rocess, p. 112.) 
 
 APCiTHE'CA {dKoe-ZiKTi) was a pliice in the 
 upper part of the house, in which the Romans fre- 
 quently placed the earthen amphorae in which 
 their wines were deposited. Tliis place, which 
 was quite different from the cella vinaria, was 
 above the fumariiim; since it was thought that the 
 passage of the smoke through the room tended 
 greatly to increase the flavour of the wine. 
 (Colum. i. 6. § 20 ; Hor. Carm. iii. 8. 1 1 ; Sat. 
 ii. 5. 7, and Ileindoif s note.) 
 
 APOTHEO'SIS (ci7ro0e'aia-is), the enrolment of 
 a mortal among the gods. The mythology of 
 Greece contains numerous instances of the deifica- 
 tion of mortals ; but in the republican times of 
 Greece we find few examples of such deification. 
 The inhabitants of Amphipolis, however, ottered 
 sacrifices to Brasidas after his death (Thucyd. v. 
 11); and tlie people of Egeste built an heron ni. to 
 Philippus, and also offered sacrifices to him on ac- 
 count of his personal beauty. (Herod. V. 48.) In 
 the Greek kingdoms, which arose in the East on 
 the dismemberment of the empire of Alexander, it 
 does not appear to have been uncommon for the suc- 
 cessor to the throne to have offered divine honours to 
 the former sovereign. Such an apotheosis of Ptolemy, 
 king of Egypt, is described by Theocritus in his 
 17th Idyl. (See Casaubon's note on Suet. Jul. 
 Cues. 88.) 
 
 The term apotheosis, among the Romans, pro- 
 perly signified the elevation of a deceased emperor 
 to divine honours. This practice, which was com- 
 mon upon the death of almost all the emperors, 
 appears to have arisen from the opinion, which was 
 generally entertained among the Romans, that the 
 souls or manes of their ancestors became deities ; 
 and as it was common for children to worship the 
 manes of their fathers, so it was natural for divine 
 honours to be publicly paid to a deceased emperor, 
 who was regarded as the parent of his country. 
 This apotheosis of an emperor was usually called 
 consecratio ; and the emperor who received the 
 honour of an apotheosis, was usually said in deorum 
 numerum referri, or conscerari. Romulus is said 
 to have been admitted to divine honours under the 
 name of Quirinus. (Plut. Rom. 27, 28 ; Liv. i. 
 16 ; Cic. De Rep. ii. 10.) 
 
 None of the other Roman kings appears to have 
 received this honour ; and also in the republican 
 times we read of no instance of an apotheosis. 
 Jidius Caesar was deified after his death, and 
 games were instituted to his honour by Augustus. 
 (Suet. .Jul. Cues. 88.) The ceremonies observed 
 on the occasion of an apotheosis have been minute- 
 ly described by Ilerodian (iv. 3) in the following 
 1 passage : — " It is the custom of the Romans to 
 
62 APOTHEOSIS. 
 
 deify those of their emperors who die, leaving suc- 
 cessors ; and this rite they call apotheosis. On 
 this occasion a semblance of mourninL;, combined 
 with festival and religious observances, is visible 
 throughout the city. The l)ody of t\u- dead they 
 honour- after human fashion, with a splendid 
 fiineral ; and making a waxen image in all I'espects 
 resembling him, they expose it to view in the 
 vestibule of the palace, on a lofty ivory couch of 
 great size, spread with cloth of gold. The figure 
 }s made pallid, like a sick man. During most of 
 the day senators sit round the bed on the left side, 
 clothed in black ; and noble women on the right, 
 clothed in plain white gannents, like mourners, 
 wearing no gold or necklaces. These ceremonies 
 continue for seven days ; and the physicians seve- 
 rally approacli the couch, and looking on the sick 
 man, say that he grows worse and worse. And 
 when they have made believe that he is dead, the 
 noblest of the equestrian and chosen youths of the 
 senatorial orders, take up the couch, and bear it 
 along the Via Sacra, and expose it in the old 
 forum. Platfonns like steps are built upon each 
 side ; on one of which stands a chorus of noble 
 youths, and on the opposite, a chorus of women of 
 high rank, who sing hymns and songs of praise 
 to the deceased, modulated in a solemn and mourn- 
 ful strain. Afterwards they bear the couch 
 through the city to the Campus Martins, in the 
 broadest part of which a square pile is constructed 
 entirely of logs of timber of the largest size, in the 
 shape of a chamber, filled with faggots, and on the 
 outside adorned with hangings interwoven with 
 gold and ivory images and pictures. Upon this, a 
 similar l)ut smaller chamber is built, with open 
 doors and windows, and above it, a third and 
 fourth, still diminishing to the top, so that one 
 might compare it to the light-houses which are 
 called Phari. In the second story they place a 
 bed, and collect all sorts of aromatics and incense, 
 and every sort of fragrant fruit or herb or juice ; 
 for all cities, and nations, and persons of eminence 
 emulate each other in contributing these last gifts 
 ill honour of the emperor. And when a vast heap 
 of aromatics is collected, tliere is a procession of 
 horsemen and of chariots around the pile, with the 
 drivers clothed in robes of office, and wearing 
 masks made to resemble the most distinguished 
 Roman generals and emperors. When all this is 
 done, the others set fire to it on every side, which 
 easily catches hold of the faggots and aromatics ; 
 and from the highest and smallest story, as from 
 a pinnacle, an eagle is let loose to mount into the 
 sky as the fire ascends, which is believed by the 
 Romans to carry the soul of the emperor from 
 earth to heaven ; and frfun that time he is worshij)- 
 ped with the other gods." 
 
 In confonnity with this account, it is common 
 to see on medals struck in honour of an apotheosis 
 an altar with fire on it, and an eagle, the bird of 
 Jupiter, taking flight into the air. The number of 
 medals of this description are very nmnerous. We 
 can from tlu'se medals alone trace the names of 
 sixty individuals, who received the honours of an 
 apotheosis, from the time of Julius Caesar to that 
 of Constantine the Great. On most of them the 
 word CoNSBCRATio occurs, and on some Greek 
 coins the word A4>IEPnCl2. The following wood- 
 cut is taken from an agate, which is supposed to 
 represent the apotheosis of Germanicus. (Mont- 
 faucon, Ant. Erpl. Suppl. vol. v. p. 137.) In his 
 
 APPELLATIO (GREEK). 
 
 left hand he holds the coniucopia, and Victory 
 is placing a laurel cro\vn upon him. 
 
 A very similar representation to the above is 
 found on the triumphal arch of Titus, on which 
 Titus is represented as being carried up to the 
 skies on an eagle. 
 
 Many other monuments have come down to us, 
 which represent an apotheosis. Of these the most 
 celebrated is the bas-relief in the Townley galleiy 
 in the British Museum, which represents the 
 apotheosis of Homer. It is clearly of Roman work- 
 manship, and is supposed to have been executed in 
 the time of the Emperor Claudius. An interesting 
 account of the various explanations which have 
 been proposed of this bas-relief, is given in the 
 Townk'y Gallery., published by the Society for the 
 Diffusion of Useful Knowledge, vol. ii. p. 119, &c. 
 
 There is a beautiful representation of the apo- 
 theosis of Augustus on an onyx-stone in the royal 
 museum at Paris, 
 
 The wivps, and other female relations of the 
 emperors, sometimes received the honour of 
 an apotheosis. This was the case with Livia 
 Augusta, with Poppaca the wife of Nero, and with 
 Faustina the wife of Antoninus. (Suet. CUiud, 
 11 ; Dio. Ix. 5 ; Tac. Annal. xvi. 21 ; Capitolin. 
 Aiifou. Philos. 2().) 
 
 For further infoimation on this subject, see 
 Mencken, Dispuiatio de Consccraiioiic, &c. ; and 
 Schoepflin, Tractatus de Apotlieosi, &c. Argent. 
 1730. 
 
 APPARITO'RES, the general name for the 
 public servants of the magistrates at Rome, name- 
 ly, the AccENSi, Carnifex, Coactores, Inter- 
 
 PRETES, Lit TORES, PllAECONES, ScRIBAE, StATOR, 
 
 Strator, Viatores, of whom an account is given 
 in separate articles. They were called apparitores 
 because they were at hand to execute the com- 
 mands of the magistrates (qmd iis ajiparebant et 
 pracsti) erant ad. obnrr/uiuiii, Serv. A<1 Virg. Aen, 
 xii. 850 ; Cic. Pro Cltwnt. c. 53 ; Liv. i. fi). Their 
 service or attendance was called ajyjxiritio. (Cic. 
 Ad Fam. xiii. 54 ; Ad Qu. Fr. i. 1. § 4.) The 
 servants of the military tribunes were also called 
 apparitores. We read that the Emperor Sevenis 
 forbade the military tribunes to retain the appari- 
 tores, whom they were accustomed to have. 
 (Lamprid. Scv. c. 5"2.) 
 
 Under the emperors, the apparitores wore divid- 
 ed into numerous classes, and enjoyed peculiar 
 privileges, of which an account is given in Just. 
 Cod. 12. tit. 52—59. 
 
 APPELLA'TIO (GREEK), (6<;)e(Jis, or am- 
 
APPELLATIO (GREEK). 
 
 APPELLATIO (ROMAN). 63 
 
 5i/ci'a). Owing to the constitution of the Athenian 
 tribuinils, each of which was generally appropriat- 
 ?d to its particular subjects of cognisance, and 
 therefore could not bo considered as horaogene- 
 ous with or subordinate to any other, there 
 was little opportunity for bringing appeals proper- 
 ly so called. It is to be observed also, that in 
 general a cause was finally and irrevocably decid- 
 ed by the verdict of the dicasts (S(kt| avToreKtis). 
 There were, however, some exceptions, in which 
 appeals and new trials might l)e resorted to. 
 
 A new trial to annul the previous award might 
 be obtained, if the loser could prove that it was 
 not owing to liis negligence that judgment had 
 gone hy default, or that the dicasts had been de- 
 ceived by false witnesses. [Compare 'EPH'MOS 
 AI'KH, KAKOTEXNin~N and yETAOMAP- 
 TTPinTN AI'KAI.] And upon the expulsion of 
 the thirty tyrants, a special law annulled all the 
 judgments that had been given during the usurp- 
 ation. (Demosth. c. Tiuuicr. 71fi. 8 — 19.) The 
 peculiar title of the above-mentioned causes was 
 dvdSiKoi S'lKai, which was also ajiplied to all causes 
 of which the subject matter was by any means 
 again submitted to the decision of a court. 
 
 An appeal from a verdict of the heliasts was 
 allowed only when one of the parties was a citizen 
 of a foreign state, between which and Athens 
 an agreement existed as to the method of 
 settling disputes between individuals of the re- 
 spective countries (Si'/cai dno iTvnS6\a3u). If such 
 a foreigner lost his cause at Athens, he was per- 
 mitted to appeal to the jiroper court in another 
 state, which (ckkAtjtos iroAis) Biickh, Schijmann, 
 and Hudtwalcker suppose to have been the native 
 country of the litigant. Platner, on the other 
 hand, arguing from the intention of the regidation, 
 vin. to protect both jiarties from the partiality of 
 each other's fellow-citizens, contends that some 
 disinterested state would probably be selected for 
 this purpose. The technical words employed upon 
 this occasion are eKKaAeif, ^KKaKeiaQat, and 17 
 (kkXtjtos, the last used as a substantive, probably 
 by the later writers onlv, for e^etris. (Ilarpocr. 
 Iludtw. De Dkiet. 125.) This as well as the 
 other cases of appeal are noticed by Pollux (viii. 
 C"2, 63) in the following words: — "''E<pe(Tij is 
 when one transfers a cause from the arbitrators 
 (SioiTTjTal), or archons, or men of the township 
 (Stj/uiJtoi) to the dicasts, or from the senate to the 
 assembly of tlie people, or from the assembly to a 
 court (SiKtto-Tijpio;'), or from the dicasts to a foreign 
 tribunal ; and the cause was then termed i(pi(nnos. 
 Those suits were also called 4kk>\.i)toi S'lKai. The 
 deposit staked in appeals, which we now call 
 irapaSAKiov, is by Aristotle styled ■napd.SoKov." 
 The appeals from the diaitetae are generally men- 
 tioned by Demosth. c. Aphoh. 862 ; c. Boeot. de 
 Dote, 1013. 1017. 1024 ; and Hudtwalcker sup- 
 poses that they were allowable in all cases except 
 when the uri ovaa Si'/tr; was resorted to. [AI'KH.] 
 
 It is not easy to deteniiine upon what occasions 
 an appeal fi'om the archons could be preferred ; for 
 after the time of Solon their power of deciding 
 causes had degenerated into the mere presidency of 
 a court {-nye/MOyia ^iKaal-qplov), and the conduct of 
 the previous examination of causes {dvaKpuris). 
 It has been also remarked (Platner, Proc. Sf 
 King. i. 243), that upon the plaintiffs suit 
 being rejected in this previous examination as 
 unfit to be brought before a court, he woidd most 
 
 probably proceed against the archon in the assem- 
 l)ly of the people for denial of justice, or would 
 wait till the expiration of his year of office, and 
 attack him when he came to render the account of 
 his c(mduct in the magistracy ((vBiivai). (Antiph. 
 De VImretit. 788.) An appeal, however, from the 
 archons, as well as from all other officers, was very 
 possible when they imposed a fine of their own 
 authority and without the sanction of a court ; and 
 it might also take place when the king archon had 
 by his sole voice made an award of dues and privi- 
 leges (yepa) contested by two priesthoods or sacer- 
 dotal races. (^Ler. R/ictorieiim^'ll!). \9.) 
 
 The appeal from the demotae would occur, when 
 a person hitherto deemed one of their members, 
 had been declared by them to be an intrud<-r and 
 no genuine citizen. If the ap])eal were made, the 
 demotae appeared by their advocate as plaintiff, 
 and the result was the restitution of the franchise, 
 or thenceforward the slavery of the defendant. 
 
 It will have been observed, that in the three 
 last cases, the appeal was made from few or single 
 or local judges to the heliasts, who were 
 considered the representatives of the people or 
 country. With respect to the proceedings, no 
 new documents seem to have been added to 
 the contents of the echinus upon an a])peal ; 
 but the anacrisis would be confined merely to an 
 examination, as far as was necessary, of those docu- 
 ments which had been already put in by the liti- 
 gants. 
 
 There is some obscurity respecting the two next 
 kinils of appeal that are noticed by Pollux. It is 
 conjectured by Schiiraann {Att. Process, 771) that 
 the appeal from the senate to the people refers to 
 cases which the foniier were for various reasons dis- 
 inclined to decide, and by Platner (i. 427), that it 
 occuiTed when the senate was accused of having 
 exceeded its powers. 
 
 Upon the appeal from the assembly to court, there 
 is also a difference of opinion between the two last 
 mentioned critics, Schijmann maintaining(YlW. Pro- 
 cess, 771) that the words of Pollux are to be a])i)lied 
 to a voluntaiy reference of a cause by the assemldy 
 to the dicasts, and Platner suggesting the possible 
 case of one that incurred a praejudicium of the 
 assembly against him (TrpoSoKrj, KaTaxfiporovla) 
 calling upon a court (SiKairlripiov) to give liim the 
 opportunity of vindicating himself from a charge 
 that his antagonist declined to follow up. Platner 
 also supposes the case of a magistrate summarily 
 deposed by the assembly, and demanding to prove 
 his innocence before the heliasts. [J. S. M.] 
 
 APPELLA'TIO (ROMAN). This word, and 
 the corresponding verb appellare, are used in the 
 early Roman writers to express the application of 
 an individual to a magistrate, and particularly to 
 a tribune, in order to protect himself from some 
 wrong inflicted, or threatened to be inflicted. It 
 is distinguished from ;(roiv;cu/i(), which in the early 
 wi'iters is used to signify an appeal to the populus 
 in a matter affecting life. It would seem that the 
 provocatio was an ancient right of the Roman 
 citizens. The surviving Horatius, who murdered 
 his sister, appealed from the duumviri to the 
 populus. (Liv. i. 26.) The decemviri took away 
 the provocatio ; but it was restored by a lex con- 
 sularis de provocatione, and it was at the same 
 time enacted that in future no magistrate should 
 be made from whom there should be no appeal. 
 On this Livy (iii. 55) remarks, that the plebes 
 
64 AQUAE DUCTUS. 
 
 AQUAE DUCTUS. 
 
 were now protected by the provocaito and the 
 tribmiiciitm auxilinm ; this latter tenn has reference 
 to the appcllatio properly so called. Appius (Liv. 
 iii. 50') applied (ti/jjiel/uvii) to the tribunes ; and 
 when tiiis produced no effect, and he was arrested 
 by a viator, he appealed (provocavit). Cicero 
 {De Orat. ii. 48) appears to allude to the re-esta- 
 blishment of the provocatio, which is mentioned hy 
 Livy (iii. 55). The complete phrase to express 
 the provocatio is protwcare ad populmn ; and the 
 phrase which expresses the appellatio, is appcUare 
 ad &c. It appears that a person might up- 
 pellarc from one magistrate to another of equal 
 rank ; and, of course, from an inferior to a superior 
 magistrate ; and from one tribune to anotlier. 
 
 Wlien the supreme power became vested in the 
 emperors, the terms provocatio and appellatio lost 
 their original signification. In the Digest (49. 
 tit. 1. Ije App<'//itti'i/ii/iiis) provocatio and appella- 
 tio are used indiscriminately, to express what we 
 call an appeal in civil matters ; but provocatio 
 seems so far to have retained its original meaning 
 as to be the only term used for an appeal in 
 criminal matters. The emperor centered in him- 
 self both the power of the populus and the veto of 
 the tribunes ; but the appeal to him was properly 
 in the last resort. Appi'llatio among the Roman 
 jurists, then, signifies an application for redress 
 from the decision of an inferior to a superior on 
 the ground of wrong decision, or other sufficient 
 ground. According to Ulpian (Dig. 49. tit. 1), 
 appeals were common among the Romans, " on 
 account of the injustice or ignorance of those who 
 had to decide (Jiulk-aides), though sometimes an 
 appeal alters a proper decision, as it is not a neces- 
 sary consequence that he who gives the last gives 
 also the best decision." This remark must be 
 taken in connection with the Roman system of 
 procedure, liy which such matters were referred to 
 a judex for his decision, after the pleadings had 
 brought the matter in dispute to an issue. From 
 the emperor himself there was, of course, no ap- 
 peal ; and by a constitution of Hadrian, there was 
 no appeal from the senate to the emperor. The 
 emperor, in appointing a judex, might exclude all 
 appeal, and make the decision of the judex final. 
 The appeal, or lihelhis appeUatoriiis, showed who 
 was the appellant, against whom the appeal was, 
 and what was the judgment appealed from. 
 
 Appellatio also means to sunnnon a party before 
 a judex, or to call upon him to perform something 
 that he has undertaken to do. (Cic. Ad Aft. i. 8.) 
 The debtor who was summoned (appellatiis) by 
 his creditor, and obej'ed the summons, was said 
 respondcre. [O. L.] 
 
 APPLICATIO'NIS JUS. [Banishment.] 
 APPULEIA LEX. [Ma.testas.] 
 APRI'LIS. [Calendar, Roman.] 
 'AnPOSTASI'OT rPA*H', an action brought 
 against those metoeci, or resident aliens, who had 
 neglected to provide themselves with a patron 
 (Trpoo-TOTTjj), or exercised the rights of full citizens, 
 or did not pay the nero'iKiov, a tax of twelve 
 drachmae exacted from resident aliens. Persons 
 convicted under this indictment forfeited the pro- 
 tection of the state, and were sold as slaves. {PImt. 
 p. 478. Pors.; Bekker, Anccdot. p. 201, 434. 
 440.) [J. W. D.] 
 
 AQUAE DUCTUS usually signifies an arti- 
 ficial channel or water-course, by which a supply 
 of water is brought from a considerable distance, 
 
 upon an inclined plane raised on arches, and car- 
 ried across vallej's and uneven country, and occa- 
 sionally under ground, where hillsorrocks intervene. 
 
 As nearly all the ancient aquaeducts now re- 
 maining are of Roman constmction, it has been 
 generally imagined that works of this description 
 were entirely unknown to the Greeks. This, 
 however, is an error, since some are mentioned by 
 Pausanias and others, though too briefly to enable 
 us to judge of their particular constmction, — 
 whether they consisted chiefly of subterraneous 
 channels bored through hills, or if not, by what 
 means they were carried across valleys, since the 
 use of the arch, which is said to have been im- 
 known to the Greeks, was indispensable for such a 
 purpose. Probably those which have been recorded 
 — such as that built by Pisistratus at Athens, that at 
 Megara, and the celebrated one of Polycrates at 
 Samos (Ilerod. iii. GO) — were rather conduits 
 than ranges of building like the Roman ones. 
 Of the latter, few were constructed in the times 
 of the republic. We are informed by Frontinus, 
 that it was not until about B. c. 313 that any 
 were erected, the inhabitants supplying them- 
 selves up to that time with water from the Tiber, 
 or making use of cisterns and springs. The fii'st 
 aquaeduct wa-s begun by Appius Claudius, the 
 censor, and was named after him, the Aqjia Appiu. 
 (Liv. ix. 29 ; Diodorus. xx. 3G.) In this aquae- 
 duct the water was conveyed from the distance 
 of between seven and eight miles from the 
 city, almost entirely under ground, since out 
 of 11,190 passus, its entire extent, the water was 
 above ground only 60 passus, before it reached the 
 Porta Capena, and then was only partly carried on 
 arches. Remains of this work no longer exist. 
 
 Forty years afterwards (b. c. 2/3), a second 
 aquaeduct was begun by M. Curius Dentatus, hy 
 which the water was brought from the river Anio, 
 20milesabove Tibur(nowTivoli),makingan extent 
 of 43,000 passus, of which only 702 were above 
 ground and upon arches. This was the one after- 
 wards known by the name of Anio Vet us, in order 
 to distinguish it from another aquaeduct brought 
 from the same river, and therefore called Anio 
 Nitrtis. Of the Anio Vetus considerable remains 
 may yet be traced, both in the neighbourhood of 
 Tivoli, and in the vicinity of the present Porta 
 Maggiore at Rome. It was constructed of blocks 
 of Peperino stone, and the water-course was lined 
 with a thick coating of cement. 
 
 In B. c. 179, the censors M. Aemilius Lepidus 
 and M. Flaccus Nobilior proposed that another 
 a(piaeduct should be built ; but the scheme was de- 
 feated, in consequence of Licinius Crassus refusing 
 to let it be carried through his lands. (Liv. xl. 51 .) 
 A more abundant supply of water being found 
 indispensable, particularly as that furnished by 
 the Anio Vetus was of such bad quality as to be 
 almost unfit for drinking, the senate commissioned 
 (juintus Marcius Rex, the praetor, who had 
 superintended the repairs of the two aquaeducts 
 already built, to undertake a third, which was 
 called after him, the Aqua Marcia. (Plin. xxxvi. 
 24. § 9.) This was brought from Sublaqueum 
 (Subiaco) along an extent of 61,710 passus ; viz., 
 54,267 under ground, and 7443 above ground, and 
 chiefly on arches ; and was of such elevation that 
 water could be supplied from it to the loftiest part of 
 the Capitoline Mount. Of the arches of this aquae- 
 duct a considerable number are yet standing. Of 
 
AQUAE DUCTUS. 
 
 AQUAE DUCTUS. 
 
 tlioi?e likewise called the Aqua Tepula (b. c. 127), 
 
 ami the AquaJidia{B.c. 3.5), which are next in point 
 
 of tlatc, remains are still existini; ; and in the 
 
 vii iiiit}- of the cit}% these two aquaeducts and the 
 
 ^larcia were all united in one line of structure, 
 
 lonning three separate water-courses, one above the 
 
 otiier, the lowerniost of which funned tlie chan- 
 !l nel of the Aqua Marcia, and the uppermost that of 
 
 the Aqua Julia, and the)- discharged themselves 
 ; into one reservoir in common. The Aqua Julia 
 
 was erected by M. Agrippa during his aedileship, 
 
 who, besides repairing both the Anio Vetus and the 
 
 Aqua Marcia, supplied the city with seven hundred | namely, the Aiitoniana, A. D. •212 ; the Alf.vanilriiia, 
 
 wells {hwits), one hundred and fifty springs or A.D. 'I'M); and the Joria, A. ». 1500 ; but these 
 
 fountains, and one hundred and thirty reservoirs. seem to have been of comparatively little note, nor 
 Besides repairing and eidarging the Aqua | have we any particular account of them. 
 
 Marcia, and, by turning a new stream into it, in- 
 creasing its supply to doidjle what it fonnerly had 
 
 been, Augustus built the aipiaeduct called Ahietim, 
 
 sometimes called Amiuftta after its founder. The 
 
 water furnished by it, was brought from the Lake 
 
 of Alsietinus, and was of such bad quality as to 
 
 be scarcely fit for drinking ; on which account 
 
 it has been supposed that Augustus intended it 
 
 cliieriy for filling his naumachia, which required 
 
 more water than could be spared from the other 
 
 aquaeducts, its basin being 1800 feet in length, 
 
 and 1200 in breadth. It was in the reign, too, 
 
 of this emperor that M. Agrippa built the aquae- 
 duct called the Aijiui Vin/d, which name it is said 
 to have obtained, because the spring which supplied 
 it was first pointed out by a girl to some soldiers 
 
 who were in search of water. Pliny, however, 
 gives a different origin to the name(//.A^.xxxi.25). 
 
 Its length was 14,105 passus, of which 12,(i()'5 
 wore under ground ; and for some part of its extent 
 above ground it was decorated with columns and 
 statues. This aquaeduct still exists entire, having 
 been restored by Nicholas V., although not com- 
 pletely until the pontificate of Pius IV., 156'8, 
 and it still bears the name of Aqua Veiyine. A 
 few years later, a second aquaeduct was built by 
 Augustus, for the purpose of supplying the Aqua 
 Marcia in times of drought. 
 
 The two gigantic works of the Emperor Clau- 
 dius, viz. the Aqua Claudia and Anio Novus, 
 doubled the former supply of water ; and although 
 none of the later aquaeducts rivalled the Marcia in 
 the vastness and solidity of its constructions, they 
 were of considerably greater extent. The Claudia 
 had been begun by Caligula in the year A. a. 3o, 
 but was completed by his successor, and was, 
 although less copious in its supply, not at all in- 
 ferior to the Marcia in the excellence of its water. 
 The other was, if not so celebrated for the quality 
 of the water itself, remarkable for the quantity 
 which it conveyed to the city, it being in that 
 respect the most copious of them all. Besides 
 which, it was by far the grandest in point of 
 architectural effect, inasmuch as it presented, for 
 about the extent of six miles before it reached the 
 city, a continuous range of exceedingly lofty struc- 
 ture, the arches being in some places 109 feet 
 high. It was much more elevated than any of the 
 other aquaeducts, and in one part of its course was 
 carried over the Claudia. Nero afterwards made 
 additions to this vast work, by continuing it as 
 far as Mount Caelius, where was a temple erected 
 to Claiidius. 
 
 The Aqua Trajana, which was the work of the 
 emperor whose name it bears, and was completed 
 
 A. D. Ill, was not so much an entirely new and 
 distinct aquaeduct as a branch of the Anio Novus 
 brought from Sublaqueum, where it was supplied 
 by a spring of purer water than that of the Anio. 
 It was in the time of this emperor, and of his pre- 
 decessor Nerva, that the superintendence of all the 
 aquaeducts was held by Sextus Julius Frontinus, 
 wiiose treatise, De Aquaeducti/jus, has supplied us 
 with the fullest information now to be obtained 
 relative to their history and constniction. 
 
 In addition to the aquaeducts which have been 
 already mentioned, there were others of later date : 
 
 The magnificence dispbyed by the Romans in 
 their public works of this class, was by no means 
 confined to the capital ; for aquaeducts more or less 
 stupendous were constructed by them in various and 
 even very remote parts of the empire, — at Nico- 
 media, Ephesus, Smyrna, Alexandria, Syracuse, 
 Metz, Nismes (the Pont du Gard), Lyons, Evora, 
 Merida, and Segovia. That at Evora, which was 
 built by Quintus Sertorius, is still in good pre- 
 servation; and at its termination in the city has a 
 very elegant casicUum in two stories, the lower one 
 of which has Ionic columns. Merida in Spain, the 
 Augusta Emerita of the Romans, who established a 
 colony therein the time of Augustus, has among its 
 other antitputies the remains of two aquaeducts, of 
 one of which thirty-seven piers are standing, with 
 three tiers of arches ; while of the other there are 
 only two which fonn part oftheoriginalconstnictions, 
 the rest being modern. But that of Segovia, for 
 which some Spanish writers have claimed an antiqui- 
 ty anterior to the sway of the Romans in Spain, is 
 one of the most perfect and magnificent works of 
 the kind anywhere remaining. It is entirely of 
 stone, and of great solidity, the piers being eight 
 feet wide and eleven in depth ; and when^ it 
 traverses a part of the city, the height is upwards 
 of a hundred feet, and it has two tiers of arches, 
 the lowemiost of which are exceedingly lofty. 
 
 After this historical notice of some of the princi- 
 pal aquaeducts both at Rome and in the provinces, 
 we now proceed to give some general account of 
 their constniction. Before the mouth or open- 
 ing into the aquaeduct was, where requisite, a 
 large basin {piscina liinosa), in which the 
 water was collected, in order that it might 
 first deposit its impurities ; and similar reservoirs 
 were fonned at inten'als along its course. The 
 !q)ccus, or water-channel, was fonned either of stone 
 or brick coated with cement, and was arched 
 over at top, in order to exclude the sun, on which 
 account there were apertures or vent-holes at 
 certain distances ; or where two or more such chan- 
 nels were earned one above the other, the vent- 
 holes of the lower ones were fonned in their 
 sides. The water, however, besides flowing- 
 through the specus, passed also through pipes 
 either of lead or burnt earth (terra-cotta), which 
 latter were used not only on account of their 
 greater cheapness, but as less prejudicial to the 
 freshness and salubrity of the water. As far as 
 was practicable, aquaeducts were carried in a direct 
 line ; yet they frequently made considerable turns 
 and windings in their course, either to avoid boring- 
 through hills, where that would have been at- 
 tended with too much expense, or else to avoid. 
 
6G AQUAE HAUSTUS. 
 
 not only very deep valleys, but soft and marshy 
 ground. 
 
 In every aquacduct the castella, or reservoirs, 
 v^cro very important parts of the construction ; 
 and besides the principal ones — that at its mouth 
 and that at its termination — there were usually 
 intermediate ones at certain distances along its 
 course, both in order that tlie water niisht deposit 
 in them any remaining si'diment, and that the 
 whole might be more easily superintended and 
 kept in repair, a defect between any two such 
 points being readily detected. Besides which, 
 these castella were serviceable, inasmuch as they 
 furnished water for the irrigation of fields and 
 gardens, &c. The principal castellum or reservoir 
 was that in wliich the aquaeduct terminated, and 
 whence the water was conveyed by different 
 branches and pipes to various parts of the city. 
 This far exceeded any of the others, not in magni- 
 tude alone, but in solidity i>f cnustruction and 
 grandeur of architecture. Tlu' remains of a work of 
 this kind still exist in what are called the Aore 
 Sale, on tlu' Ksquiline Hill at Rome ; while the 
 Pi.iriiia iMiniliiUt, near Cuma, is still more interest- 
 ing and remarkable, being a stupendous construc- 
 tion, about iOO feet in length by 1 30 in breadth, 
 whose vaulted roof rests upon forty-eight immense 
 pillars, disposed in four rows, so as to fonn five 
 aisles within the edifice, and sixty arches. 
 
 Besides tile i)rincipal castellum belonging to 
 each aquaeduct (excej)ting the Alsietina, whose 
 water was conveyed at once to the baths), there 
 were a number of smaller ones — altogether, it has 
 been computed, 247 — in the different regions of 
 the cit_v, as reservoirs for their respective neigh- 
 bourhoods. 
 
 The declivity of an aquaeduct {Jihramentum 
 oijiiiK') was at least the fourth of an inch in every 
 100 feet (Plin. Hut. Nat. xxxi. 31), or according 
 to Vitruvius (viii. 7) half a foot. 
 
 During the times of the republic, the censors and 
 aediles had the superintendence of the aquaeducts ; 
 but under the enqierors particular officers were ap- 
 jiointed for that purpose, under the title of cura- 
 tijirs or prucfi'di aquaimn. These officers were 
 first created by Augustus (Suet. Aui/. 37), and 
 were invested with considerable authority. They 
 were attended outside the city by two lictors, 
 three public slaves, a secretary, and other attend- 
 ants. 
 
 In the time of Nerva and Trajan, about seven 
 hundred architects and others were constant- 
 ly employed under the orders of the curatores 
 aquarum in attending to the aquaeducts. The 
 officers who had charge of these works were, 1. 
 The rillki, whose duty it was to attend to the 
 lupiaeducts in their course to the city. 2. The 
 castcllarii, who had the superintendence of all the 
 castella both within and without the city. 3. The 
 circuitores, so called because they had to go from 
 post to post, to examine into the state of the works, 
 and also to keep watch over the labourers employ- 
 ed upon them. 4. The silicarii, or paviours. 5. 
 The kHores, or plasterers. All these officers ap- 
 pear to have been included under the general term 
 of aquarii. (Cic. Ad Fam. viii. 6 ; Cod. xii. tit. 
 42 or 43. s. 10.) [W. II. L.] 
 
 AQUAE DUCTUS. [Servitutes.] 
 
 AQUAE ET IGNIS INTERDIC'TIO. [Ban- 
 ishment.] 
 
 AQUAE HAUSTUS. [Servitutes.] 
 
 ARA. 
 
 AQUAE PLUVIAE ARCENDAE ACTIO. 
 That water was called <((/;/« jilurin which fell from 
 the clouds, and the prevention of injury to land 
 from such water was the object of this action. The 
 action aquae pluviae was allowed between the 
 owners of adjoining land, and might be maintained 
 either by the owner of the higher land against the 
 owner of the lower land, in case the latter by any- 
 thing done to his land prevented the v'ater from 
 flowing naturally from the higher to the lower 
 land ; or by the owner of the lower land against 
 the owner of the higher land, in case the latter did 
 anything to his land by which the water flowed 
 from it into the lower land in a different way from 
 what it naturally would. In the absence of any 
 special custom or law to the contrary, the lower 
 land was subject to receive the water which flowed 
 naturally from the upper land ; and this rule of 
 law was thus expressed, — aqua inferior siijicriori 
 sert-ii. The fertilising materials carried down to 
 the lower land were considered as an ample com- 
 pensation for any damage wliich it might sustain 
 from the water. Many difficult tpiestions occurred 
 in the application to practice of the general ndes 
 of law as to aqua pluvia ; and, among others, this 
 question, — What things done by the owners of the 
 land were to be considered as preventing or alter- 
 ing the natural flow of the waters? The conclusion 
 of Ulpian is, that acts done to the land for the pur- 
 poses of cidtivation were not to be considered as acts 
 interfering with the natural flow of the waters. 
 Water which increased from the falling of rain, or 
 in consequence of rain changed its colour, was con- 
 sidered within the definition of aqua pluvia ; for it 
 was not necessary that the water in question 
 should be only rain water, it was sufficient if there 
 was any rain water in it. Thus, when water 
 natiu'ally flowed from a pond or marsh, and a per- 
 son did something to exclude such water from 
 coming on his land, if such marsh received any 
 increase from rain water, and so injured the land of 
 a neighbour, the person would be compelled by 
 this action to remove the obstacle which he had 
 created to the free passage of the water. 
 
 This action was allowed for the special pro- 
 tection of land (m/cr) ; if the water injured a town 
 or a building, the case then belonged to flumina and 
 stillicidia. The action was only allowed to prevent 
 damage, and therefore a person could not have 
 this remedy against his neighbour, who did any- 
 thing to his own land by which he stopped the 
 water which would otherwise flow to his neigh- 
 bour's land and be profitable to it. The title in 
 the Digest contains many curious cases, and the 
 whole is well worth penisal. (Dig. 39. tit. 3 ; 
 Cic. Pro Muretiu, c. 10 ; Tojyic. c. 9 ; Booth ius. 
 Comment, in Cic. Top. iv. c. .9.) [G. L.] 
 
 AQUA'RII were slaves who canied water for 
 bathing, &c. into the female apartments. (Juv. vi. 
 332.) The aquarii were also public officers who 
 attended to the aquaeducts. [Aquae Ductus.] 
 AQUILA. [Signa Militaria.] 
 AQUILLIA lex. [Damnum.] 
 ARA {fiuifi/is, ^vrripiov), an altar. 
 A ra was a general term denoting any stnicture 
 elevated above the ground, and used to receive upon 
 it offerings made to the gods. Altare., probably 
 contracted from alta ara, was properly restrict(id 
 to the larger, higher, and more expensive struc- 
 tures. Hence Menalcas (Virg. JCcl. v. (>5), pro- 
 posing to erect four altars, viz. two to I)a])hnis, 
 
ARA. 
 
 and two. which were to be high altars, to Apollo, 
 Kiys, " En quattuor aras : Eccc dims tibi, Uaplini ; 
 duas, altariii, Phoebo." Servius, in his coni- 
 mpntary on the passage, ol)serves, that altaria 
 were erected only in honour of the superior divini- 
 ties, whereas arae were consecrated not only to 
 them, but also to the inferior, to heroes, and to 
 demigods. On the other hand, sacrifices were 
 offered to the inl'ernal gods, not upon altars, 
 but in cavities (stvoifs, scroik-uli, 06dpoi, Kukkoi) 
 dug in the ground. (Festus, s.r. Altaria.) Agree- 
 ably to this distinction, we find that in some 
 cases an altare was erected upon an ara, or even 
 several high altars upon one of inferior elevation. 
 
 As among the ancients almost every religious 
 act was accompanied by sacrifice, it was often 
 necessary to provide altars on the spur of the oc- 
 casion, and they were then constructed of earth, 
 soda, or stones, collected on the spot. Thus, "Erexit 
 subitas congestu cespitis aras." (Lucan, ix. 988.) 
 Also, when Aeneas and Turnus are preparing to 
 fight in single combat, wishing to bind themselves 
 by a soleuni oath, they erect aras (/ramitieax. 
 (Virg. Ani. xii. 118.) Availing hfmself of this 
 practice, Telamon adroitly warded off the effects of 
 the jealousy of Hercules, whose rage he had ex- 
 cited by making the first breach in the walls of 
 Ilium, and tlius ajjpearing to surpass his companion 
 in glory. Pursued by Hercules, who had already 
 drawn his sword, and seeing his danger, he set 
 about collecting the scattered stones, and, when 
 Hercules on coming up asked what he was about, 
 he answered that he was preparihg an altar to 
 'Hpo/c\^s KaWiv'iKo?, and thus saved his life. 
 (Apollodor. II. vi.4 ; see also Kor.C'arm. i. xix. 1.3.) 
 
 When the occasion was not sudden, and especi- 
 ally if the altars were required to be of a consider- 
 able size, they were built with regular courses of 
 masonrj' or brickwork, as is clearly shown in 
 several examples on the column of Trajan at Rome. 
 See the left-hand figure in the woodcut annexed. 
 
 The first deviation from this absolute simplicity 
 of fonn consisted in the addition of a base (0d<ns, 
 KprjTrJj), and of a corresponding projection at 
 the top, the latter (etrxap'S, fiwixou iaxapa, Eurip. 
 Andr. 111,5) being intended to hold the fire and 
 the objects offered in sacrifice. These two parts 
 are so common as to be almost uniform types of the 
 fonn of an altar, and will be found in all the figures 
 inserted underneath. 
 
 The altar on which the gods swore, when they 
 leagued with Jupiter against the Titans, became a 
 constellation consisting of four stars, two on tlie fire- 
 pkce and two on the base. (Eratosth. Cu/r/s^o-. 39 ; 
 cnmparc Hygin. Astrun. ii. 39 ; Arat. 402 ; and 
 Cicero's Translation, De Nat. Dear. ii. 44.) 
 
 It appears also, that a moveable pan or brazier 
 (eiritrvpov) was sometimes used to iiold the fire. 
 (Heron. Spirit. 71.) 
 
 ARA. (i7 
 
 Altars were either square or round. The latter 
 fomi, which was the less common of the two, is 
 exemplified in the following figures. 
 
 Tliat on the left hand is from a painting at 
 Ilerculaneura. The altar is represented as dedi- 
 cated to the genius of some spot on Mount Vesu- 
 vius. He appears in the fom of a serpent (see 
 Virg. Aen. v. 95), and is partaking of the figs and 
 fir-cones, which have been offered to hira on the 
 .altar. The right-hand figure represents an altar, 
 which was found with three others at Antium. 
 (Montfaucon, Ant. Expl. ii. pi. 51.)" It bears 
 the inscription ara ventorvm. On it is sculp- 
 tured the rostrom of a ship, and beneath this is a 
 figure emblematic of the wind. He floats in free 
 space, blows a shell, and wears a chlamj'S which 
 is uplifted by the breeze. In the second altar the 
 etrxapls is distinguished by being hollow. Indeed 
 altars, such as tliat on the left hand, were rather 
 designed for sacrifices of fruits, or other gifts wiiich 
 were offered without fire, and they were therefore 
 called aiTvpoi. 
 
 When the altars were prepared for sacrifice, 
 they were commonly decorated with garlands or 
 festoons. The leaves, flowers, and fniits. of which 
 these were composed, were of certain kinds, which 
 were considered as consecrated to such uses, and 
 were called verhenac. (Hor. Carm. iv. 11.) 
 
 Theocritus (xxvi. 3, 4) enumerates the three 
 following, viz. the oak, the ivy, and the asphodel, 
 as having been used on a particular occasion for 
 this purpose. (See also Ter. Andr. iv. 4, 5, and 
 Donatus ad loc. ; Conmatac arar, Propert. iii. 10 ; 
 IVcris arnatae torquilms arae, Virg. Georrf. iv. 27().) 
 
 The altar represented in the next woodcut 
 shows the manner in which the festoon of verbenae 
 was suspended. Other ancient sculptures prove, 
 that fillets were also used, partly because they 
 were themselves ornamental, and partly for the 
 purpose of attaching tiie festoons to the altar. 
 Hence we read in Virgil {Eel. viii. 64, G5), 
 " Effer aquam, et molli cinge haec alt;iria vitta, 
 
 Verbenasque adole pingues, ct mascula tura." 
 Altars, erected to the manes, were decked with 
 dark blue fillets and branches of cypress. (Aoi. iii. 
 C4.) Many altars, which are still preserved, have 
 fiUets, festoons, and garlands sculptured upon the 
 marble, being designed to imitate the recent and 
 real decor.ations. 
 
 Besides the imitation of these ornaments, the 
 art of the sculptor was also exercised in represent- 
 ing on the sides of altai's the implements of sacri- 
 fice, the animals which were offered, or which were 
 regarded as sacred to the respective deities, and 
 the various attributes and emblems of those deities. 
 We see, for example, on altars dedicated to Jupiter, 
 
 F 2 
 
68 
 
 ARA. 
 
 ARA. 
 
 the eagle and the thunderholt ; to Apollo, the 
 stag, the raven, the lanrel, the lyre or cithara ; to 
 Bacchus, the panther, the thyrsus, the ivy, Silenus, 
 bacchanals ; to Venus, the dove, the myrtle ; to 
 Hercules, the poplar, the club, the labours of 
 Hercules ; to Sylvanus, the hog, the lamb, the 
 cypress. Strabo says (xiv. i. 213) that the princi- 
 pal altar of the temple of Diana at Ephesus was 
 almost covered with the works of Praxiteles. Some 
 of the altars which still remain are wrought with 
 admirable taste and elegance. We give, as a 
 specimen of the elaborate style, the outline of an 
 Etruscan altar, in contrast with the unadorned 
 altar in our first woodcut. 
 
 Besides symbolical and decorative sculptures in 
 bas-relief, ancient altars frequently present inscrip- 
 tions, mentioning the gods to whom, and the wor- 
 shippers by whom, they were erected and dedicated. 
 For example, an altar in Montfaucon (Ant. Er/i. 
 ii. pi. 96), decorated with an eagle which grasps 
 the thunderbolt, and with a club, encircled with a 
 fillet, at each of the four corners, bears the following 
 inscription, included within a wreath of leaves : — 
 
 lOVI 
 OPT. MAX. 
 ET HERCVLI 
 INVICTO 
 C. TVTICANVS 
 CALLIAT. 
 EX VOTO 
 
 We select this example, because it illustrates 
 the fact, that the same altar was often erected in 
 honour of more than one divinity. It was, how- 
 ever, necessary that such divinities should have 
 something in common, so that they might be 
 properly associated ; and deities, having this rela- 
 tion to one another, were called Dii communes, 
 deal (xv/j.SwiJ.01, o/j-oSu/xioi (Thucyd. iii. 59), or 
 KoivoSaip-'ioi (Acschyl. Suppl. ■22.5). At Olj^pia 
 there were six altars, each sacred to two divinities, 
 so as to make twelve gods in aU. (Schol. m Pind. 
 01. V. 10.) 
 
 On the other hand, we find that it was not un- 
 usual to erect two or more altiirs to the same 
 divinity, on the same spot and on the same occa- 
 sion. We have already produced an example of 
 this, from Virgil's fifth eclogue ; and the very 
 same expression is in part repeated by him in Aen. 
 v. 639: En (fiattuor ams — Neptunn. In Theo- 
 critus {I. c.) three bacchantes, having collected 
 verbenae, as we have before stated, erect twelve 
 altars, viz. three to Semele, and nine to Dionysus. 
 But the most remarkable instances of this kind oc- 
 curred when hecatombs were sacrificed ; for it was 
 then necessary that the number of altars should 
 correspond to the multitude of the victims. A 
 ceremony of this description, recorded by Julius 
 Capitolinus, seems to have been designed in imita- 
 tion of the practice of the heroic ages. He says 
 that, when the head of the tyrant Maximin was 
 brought to Rome, Balbinus, to express the general 
 joy, built in one place 100 altars of turf {aras 
 cespifitius), on which were slain 100 hogs and 100 
 sheep. But a more distinct exhibition of the 
 scene is given in the Iliad (ii. ,305 — 307), when 
 the Greeks, assembled at Aulis, present a heca- 
 tomb. A beautiful plane-tree is seen beside a 
 clear fountain ; the chieftains and the priests are 
 assembled under its wide-spreading brandies ; the 
 spot is encircled with altars (a^i</>! irepl Kpyvriv), 
 
 and the victims are slain along the altars (Kard 
 fiufj.ovs). Compare Num. xxiii. 1. "seven altars." 
 
 Vitruvius (iv. 9) directs that altars, though 
 differing in elevation according to the rank of the 
 divinities to whom they were erected, should 
 always be lower than the statues {xiinitlacrd) be- 
 fore which they were placed. Of tiio a))plication 
 of this rule we have an example in a medallion on 
 the Arch of Constantine at Rome. See the annex- 
 ed woodcut. 
 
 We see here Apollo with some of his attributes, 
 viz. the stag, the tripod, the cithara and plectnim. 
 The altar is about half as high as the pedestal of 
 the statue, placed immediately in front of it, and 
 adorned with a wreatli of verljenae. The statue 
 stands in an aXtros, or grove, of laurel. One of the 
 sacrificers, probably the Emperor Trajan, appears 
 to be taking an oath, which he expresses by lifting 
 up his right hand and touching the altar with his 
 spear. This sculpture also shows the appearance 
 of the tripods, which were frequently used instead 
 of altars, and which are explained under the 
 article Tripos. 
 
 We have already had occasion to advert, in 
 several instances, to the practice of building altars 
 in the open air wherever the occasion might re- 
 quire, as on the side of a mountain, on the shore 
 of the sea, or in a sacred grove. But those altars 
 which were intended to be permanent, and which 
 were consequently constructed with a greater ex- 
 pense of labour and of skill, belonged to temples ; 
 and they were erected either before the temple, as 
 shown in the woodcut in the article Antab, and 
 beautifully exemplified in the remains of temples at 
 Pompeii (Gell's Pompeiana, 1819 ; Plates 43. 62. 
 68) ; or within the cella of the temple, and princi- 
 pally before the statue of the divinity to whom it 
 was dedicated. The altars in the area before the 
 temple (^oifiol irpovaoi, Acschyl. Siij^il. 497) were 
 altars of burnt-offerings, at which animal sacrifices 
 (victimae, a-fdyia, lep^ia) were presented : only 
 
 i 
 
ARATRUM. 
 
 incense was burnt, or cakes and bloodless sacrifices 
 (^vfiidnara, Suia) oflfered on the altars within the 
 building. 
 
 Alfcirs were also placed before the doors of 
 private houses. In the Andiia of Terence {I. c), 
 a woman is asked to take the verbenae from an 
 altar so situated, in order to lay a child upon them 
 before the door of the house. A large altar to 
 Zeus the Protector stood in tlie open court before 
 the door of Priam's palace in Ilium. (Virg. Aen. 
 ii. 500 — .525 ; Heyne, Ejc ad Loc.) Hither, ac- 
 cording to the poets, Priam, Hecuba, and their 
 daughters fled when the citadel was taken ; and 
 hence they were dragged with impious violence by 
 Neoptolemus, the son of Achilles, and some of 
 them put to death. All altars were places of 
 refuge. The supplicants were considered as placing 
 themselves under the protection of the deities to 
 whom the altiU's were consecrated ; and violence to 
 the unfortunate, even to slaves and criminals, in 
 such circumstances, was regarded as violence to- 
 wards the deities themselves. 
 
 As in the instance already produced, in which 
 the gods conspired against the Titans, men like- 
 wise were accustomed to make solemn treaties and 
 covenants, b}' taking oaths at altars. Thus Virgil 
 represents the kings entering into a league before 
 the altar of Jupiter, by immolating a sow, while 
 they hold the pateras for libation in their hands. 
 ' (Aen. viii. 640. Compare the last woodcut, and 
 Aen. xii. 201.) The story of Hannibal's oath at 
 the altar, when a boy, is well known. 
 
 Another practice, often alluded to, was that of 
 touching altars in the act of prayer. (Hor. Carm. 
 III. xxiii. 17.) Marriages also were solemnised at the 
 altars ; and indeed for the obnous reason, that 
 religious acts were almost universally accompanied 
 by sacrifice as an essential part of them, all en- 
 gagements which coidd be made more binding by 
 sacred considerations were often formed between 
 the parties before an altar. [J. Y.] 
 
 'APA'TEIA, two sacrifices offered every year at 
 Sicyon in honour of Aratus, the great general of 
 the Achaeans, who after his death was honoured 
 by his countrjanen as a hero, in consequence 
 of the command of an oracle. (Paus. ii. 9. § 4.) 
 The full account of the two festive days is pre- 
 served in Plutarch's Life of Aratus (c. 53). The 
 Sicj'onians, says he, offer to Aratus two sacrifices 
 every year, the one on the day on which he 
 delivered his nati\'c town from tyranny, which 
 is the fifth of the month of Uaisius, the same 
 which the Athenians call Anthesterion ; and 
 this sacrifice they call uwTijpia. The other 
 they celebrate in the month in which they 
 believe that he was bom. On the first, the 
 priest of Zeus offered the sacrifices ; on the second, 
 the priest of Aratus, wearing a white ribbon with 
 purple spots in the centre, songs being sung to the 
 guitar by the actors of the stage. The public 
 teacher (yvixvarrlapx"^) led his boys and youths in 
 procession, probably to the heroum of Aratus, fol- 
 lowed by the senators adorned with garlands, after 
 whom came those citizens who wished to join the 
 procession. The Sicyonians still observe, he adds, 
 some parts of the solemnity, but the principal 
 honours have been abolished by time and other 
 circumstances. (Wachsmuth, Hellen. Altctih. 
 ii. 2. p. 105.) [L. S.] 
 
 ARA'TRUM {aporpov), a plough. 
 The Greeks appear to have had from the earliest 
 
 ARATRUM. 
 
 fi9 
 
 times diversities in the fashion of their ploughs. 
 Hesiod ( Op. et Dies, 432) advises the farmer to 
 have always two ploughs, so that if one broke the 
 other might be ready for use ; and they were to be 
 of two kinds, the one called avroyvov, because in it 
 the plough-tail (yv-qs, buris, bura) was of the same 
 piece of timber with the share-beam (eAu^ua, dens, 
 denlale) and the pole ^^u/io?, iaToSoevs, temo) ; and 
 the other called ■7vr}KTov, i. e. compacted, because in 
 it the three above-mentioned parts, which were 
 moreover to be of three difl'erent kinds of timber, 
 were adjusted to one another, and fastened together 
 by means of nails (y6iJ.<boifriu). (Compare Schol. 
 in Apoll. B/iod. iii. 232 ; Horn. II. x. 353 ; xiii. 
 703, and Schol. in loc.) 
 
 The method of forming a plough of the former 
 kind was by taking a young tree with two branches 
 proceeding from its trunk in opposite directions, so 
 that whilst in ploughing the tnink was made to 
 serve for the pole, one of the two branches stood 
 upwards and became the tail, and the other pene- 
 trated the ground, and, being covered sometimes 
 with bronze or iron, fulfilled the purpose of a share. 
 This fonii is exhibited in the uppermost figure of 
 the annexed woodcut, taken from a medal. The 
 
 next figure shows the plough still used in Mysia, 
 as described and delineated by a late traveller in 
 that country, Mr. C. Fellows. It is a little more 
 complicated than the first plough, inasmuch- as it 
 consists of two pieces of timber instead of one, a 
 handle (ex^TAr), stiva) being inserted into the 
 larger piece at one side of it, Mr. Fellows (Eay 
 cursion in Asia Minor, 1838, p. 71) observes that 
 each portion of this instrument is still called by 
 its ancient Greek name, and adds, that it seems 
 suited only to the light soil prevailing where he 
 observed it, that it is held by one hand only, that 
 the form of the share (uwis) varies, and that the 
 plough is frequently used without any share. " It 
 is drawn by two oxen, yoked from the pole, and 
 guided by a long reed or thin stick ((faTpii/os), 
 which has a spud or scraper at the end for cleaning 
 the share." See the lowest figure in the woodcut. 
 
 Another recent traveller in Greece gives the 
 following account of the plough which he saw in 
 that country — a description approaching still nearer 
 to the ir-qKrov UpoTpov of Homer and Hesiod. " It 
 is composed," says he, " of two curved pieces of 
 wood, one longer than the other. The long piece 
 fonns the pole, and one end of it being joined to 
 the other piece about a foot from the bottom, 
 
70 
 
 ARATRUM. 
 
 ARATRUM. 
 
 divides it into a share, which is cased with iron, 
 and a handle. The share is, besides, attached to 
 the pole by a short cross-bar of wood. Two oxen, 
 with no other harness than yokes, are joined to the 
 pole, and driven by the ploughman, who holds the 
 handle in his left hand, and the goad in his right." 
 (Ilobhouse, Journeji through Albania^ &c., vol. i. 
 p. 1 40.) A beautiful view of the plain of Elis, re- 
 presenting this plough in use, is given by Mr. S. 
 Stanhope in his Ulyinpia (p. 4"2). 
 
 The yoke and pole used anciently in ploughing 
 did not differ from those employed for draught in 
 general. Consequently they do not here require 
 any further description. [JuoUM.] 
 
 To the bottom of the pole, in the compacted 
 plough, was attached the plough-Uiil, which, accord- 
 ing to Hesiod, might be made of any piece of a tree 
 (especially the -Kplvos, i. e. the ilex, or holm-oak), 
 the natural curvature of which fitted it to this use. 
 But in the time and country of Virgil pains were 
 taken to force a tree into that form which was most 
 exactly adapted to the purpose. {Geoiy. i. 169, 170.) 
 " Continue in silvis magna vi flexa domatur 
 In htirini, et curvi fiirmam accipit ulmus aratri." 
 The ujiper end of the buris being held by the 
 ploughman, the lower part, below its junction with 
 the pole, was used to hold the sliare-heam, which 
 was either sheathed with metal, or driven bare into 
 the ground, according to circumstances. 
 
 To these three continuous and most essential 
 parts, the two following are added in the descrip- 
 tion of the plough by Virgil : — 
 
 1. The earth-hoards, or mould-boards, rising on 
 each side, bending outwardly, in such a manner as 
 to throw on either hand the soil which had been 
 previously loosened and raised by the share, and 
 adjusted to the share-liram which was made double 
 for the purpose of receiving them : — " Binae utircf:, 
 duplici aptantur dentalia dorso." According tn 
 PalladiuB (i. 43), it was desirable to have ploughs 
 both with earth-boards {aurita} and without them 
 [fiin/flU'ia). 
 
 2. The havdh, which is seen in Mr. FeUows's 
 woodcut, and likewise in the following representa- 
 tion of an ancient Italian plough. Virgil considers 
 this part as used to turn the plough at the end of 
 the furrow, " Stivaque, quae cuitus a tergo tor- 
 queat imos." Servius, however, in his note on this 
 line explains sliva to mean " the handle by which 
 the plough is directed." It is probable that, as the 
 dentalia, i. e. the two share-beams, which Virgil 
 supposes, were in the form of the Greek letter A, 
 which he describes by dapliei dorso, the buris was 
 fastened to the left share-beam, and the stiva to the 
 right, so that, instead of the simple plough of the 
 Greeks, that described by the Mantuan poet, and 
 used, no doubt, in his country (see the following 
 woodcut), was more like the modem Lancashire 
 plough, which is connnonly held behind with both 
 hands. Sometimes, however, the stiva (ex^TArj, 
 Hes. Op. et Dies, iG7) was used alone and instead 
 of the tail, as in the Mysian plough above repre- 
 sented. To a plough so constincted the language 
 of Colmnella was especially applicable, " Arator stivae 
 paene rectus innititur" ( i. 9 ) ; and the expressions of 
 Ovid, "Stivaeque innixus arator" (Met. viii. 218), 
 and " Inde premens stivam designat nuienia sulco." 
 (Fast. iv. 825.) In place of " stiva," Ovid also uses 
 the less appropriate torn "capulus " {JSpist.de Ponto 
 i. 8. CI) ; " Ipse manu capuhmi prensi moderatus 
 aratri." When the plough was held either by the 
 
 stiva alone, or by the buris alone, a piece of wood 
 {manic ida,\a.\-r. de Liiig.Lat. iv) was fixed across the 
 sunnnit, and on this the laljuurer pressed with both 
 hands. Besides guiding the plough in a straight 
 line, his duty was to force the share to a sufficient 
 depth into the soil. Virgil alludes to this in the 
 phrase " Depresso aratro " {Georg. i. 45). 
 
 The cross-bar, which is seen in Mr. Fellows's 
 drawing, and mentioned in Sir J. C. Hobhouse's 
 description, and which passes from the pole to the 
 share for the purpose of giving additional strength, 
 was called (nraOr), in Latin fulcrum. 
 
 The coulter {culier, Plin. //. N. xviii. 48) was 
 used by the Romans as it is with us. It was in- 
 serted into the pole so as to depend vertically be- 
 fore the share, cutting through the roots which 
 came in its way, and thus preparing for the more 
 complete loosening and overturning of the soil by 
 the share. 
 
 About the time of Pliny two small wheels {rotae, 
 rotulae) were added to the plough in Rhaetia ; and 
 Servius (/. c.) mentions the use of them in the 
 country of Virgil. The annexed woodcut shows 
 the form of a wheel-plough, as represented on a 
 piece of engraved jasper, of Roman workmanship. 
 It also shows distinctly the coulter, the share-beam, 
 the plough-tail, and the handle or stiva. (Caylus 
 Rec. (/' Ant. v. pi. 83. No. 6.) The plough corre- 
 sponds in all essentiid particulars with that now 
 used about Mantua and Venice, of which Martyn' 
 has given an engraving in his edition of Virgil's 
 Georgics : — 
 
 The Greeks and Romans usually ploughed their 
 land three times for each crop. The first plough- 
 ing was called proscindere, or novare {y(ova<dai, 
 ved^eaBai) ; the second offrivgcre, or iterure ; and 
 the third, lintre, or teiiiare. {Arat.Dios. 321 ; Ovid. 
 Met. vii. 119; Varro, Re Rust. i. 29 ; Col. He Rust. 
 ii. 4.) The field which underwent the " proscissio" 
 was called vervactum or vorale (c«or), and in this 
 process the coulter was employed, because the fresh 
 surface was entangled with numberless roots which 
 required to be divided before the soil could be 
 turned up by the share. (Plin. //. A^. xviii. 49.) 
 The terra " offringere," fi'om oh and frangere, was 
 applied to the second ploughing ; because the long 
 parallel clods aheady tunied up were broken and 
 cut across, by drawing the plough through them at 
 right angles to its former direction. (Plin. I. e. ; 
 Virg. Georg. i. 97, 98 ; Festus, .s. v. Offriiigi.) The 
 field which underwent this process was called agcfr 
 iterutus — iiiroKos. (Cic. de Oral. ii. 30.) After 
 the second ploughing the sower cast his seed. Also 
 the clods were often, though not always, broken 
 still further by a wooden maUet, or by harrowina 
 
ARCA. 
 
 'APXAIPESI'AI. 
 
 ri 
 
 {pcctdi(i). The Roman ploua;l<nian then, for the 
 first time, attached the earth-boards to his share 
 {taliida mincja, Pliii. /. c). The etTi-ct of tliis ad- 
 iustmeiit was to divide the level surface of the 
 
 afjor itcrutus " into ridges. These were called 
 pDirae, and also lirue, whence came the verb 
 liraiv, to make ridges, and also delirarc, to 
 decline from the straight line. (Col. /. c.) Tlie 
 earth-boards, by throwing the earth to each side 
 in the manner already explained, both covered 
 the newly scattered seed, and fonned between the 
 ridges furrows (otf Aa/c€s, sulci) for carrying off the 
 water. In this state the field was called sw/cs and 
 TpiiroKos. The use of this last tenn by Homer and 
 Hesiod proves that the triple ploughing was prac- 
 tised as early as their age. 
 
 When the ancients ploughed three times only, 
 it was done in the spring, sunmier, and autumn of 
 the same year. But in order to obtain a still heavier 
 crop, both the ( ireeks and the Romans ploughed four 
 times, the proscissio being performed in the latter 
 part of the jireceding year, so that between one 
 crop and another two whole years intervened. 
 (Theoph. De Caws. PL m. 5 ; Vii'g. Geury. i. 47 — 
 49.) A field so managed was called TeTpmrSKos. 
 (Tlieocr. xxv. 2().) 
 
 When the ploughman had finished his day's 
 labour, he tamed the instnmient upside down, and 
 tlie oxen went liome dragging its tail and liandle 
 over the surface of the ground, a scene exhibited to 
 us in the following lines (Hor. Epod. ii. 63) : — 
 " Videre fessos vomerem inversum boves 
 CoUo trahentes languido ! " 
 
 The (ireeks and Romans commonly employed 
 oxen in ploughing ; but they also used asses for light 
 soils. (V'arro, lie Hud. ii. 6 ; Plin. //. A^. viii. 
 68 ; Col. vii. 1.) The act of yoking together an 
 ox and an ass, which was expressly forl)idden by 
 the law of Moses {Dcut. xxii. lOJ, is made the 
 ground of a ludicrous comparison by Plautus (^-1;//. 
 ii. "2. 51 — 58). Ulysses, when he feigned mad- 
 ness in order to avoid going on tlie Trojan expedi- 
 tion, plouglied with an ox and a horse together. 
 (Hygin. F<d>. 95.) 
 
 A line has been already quoted from Ovid's 
 Fiidi, which mentions the use of the plough by 
 Romulus for marking the site of Rome. On this 
 occasion a white Inill and a white cow were yoked 
 together ; " Alba jugimi niveo cum bove vacca tulit." 
 (Compare Virg. Acn. v. 755 ; Cic. J'/nl. ii. 40.) Be- 
 sides tliis ceremony at the foundation of cities or 
 colonies, tlie plough was drawn over the walls when 
 they were conipiered bv the Romans. (Hor. Od. i. 
 16. -20, 21 ; Propert. iii. 7. 41.) [J. Y.] 
 
 AR'HITER. [Judex.] 
 
 ARBITRA'RIA ACTIO. [Actio, p. 8.] 
 
 ARCA (ki§6)to$), a chest or coffer, is used in 
 several significations, of wliich the princijial are : — 
 
 I. A chest, in which the Romans were accustomed 
 to place their money ; and the phrase c^' area 
 solvere had the meaning of paying in ready money. 
 When Cicero presses Atticus to send him some 
 statues from Greece, he says, " Ne dubitaris mittere 
 et arcac nostrae confidito." (Cic. AdAttk: i. !) ; com- 
 pare Colura. iii. 3. Ea res arcam putrisfamUias e.i^ 
 haurit.) These chests were either made of or boiuid 
 with iron, or other metals. (Juv. xi. 26 ; xiv. 
 259.) The tenu arcae was usually applied to the 
 chests in wliich tlie rich kept their money, and 
 was opposed to the smaller loculi (Juv. i. 89), sac- 
 cttlus (Juv. xi. 26), and cruiticna. 
 
 II. The Arca was frequently used in later 
 times as equivalent to the Jisms, that is, the im- 
 perial treasury. (Symm. x. 33 ; compare Dig. 50. 
 tit. 4. s. I.) 
 
 III. The ARCAalso signified the coffin in wliicli 
 persons were buried (Aur. Victor, De Vir. III. 
 c. 42 ; Lucan, viii. 736), or the bier on which the 
 corpse was placed previously to burial. (Dig. ii. tit. 
 
 7. s. 7.) 
 
 IV. The AncA was also a strong cell made of 
 oak, in which criminals and slaves were confined. 
 (Cic. Pro Mdo/i. c. 22 ; Festus, s. r. liohuni.) 
 
 AR'CER.l was a covered carriage or litter, 
 spread with cloths, which was used in ancient 
 times in Rome, to carry the aged and infirm. It 
 is said to have obtained the name of arcera on ac- 
 count of its resemblance to an area. (Varro, De 
 Liiiii. Lat. iv. 31 ; Gell. xx. I.) 
 
 'APXAIPESI'AI were the assemblies of the peo- 
 ple, which were held for the election of those 
 magistrates at Athens who were not chosen by 
 lot. The principal public officers were chosen by 
 lot (/cATjpuiToi), and the lots were drawn annually 
 in the temple of Theseus by the Thesmothetae. Of 
 those magistrates chosen by the general assembly 
 of the people (xf'poToi'7)Tol) the most important 
 were the strategi, taxiarchi, hipparchi, and phy- 
 larchi. The public treasurers (ra/uiai), and all the 
 officers connected with the collection of the tribute, 
 all ambassadors, commissioners of works, &c., were 
 appointed in the same manner. 
 
 The people always met in the Pnyx for the 
 election of these magistrates, even in later times, 
 when it became usual to meet for other purposes 
 in the temple of Dionysus. (Pollux, viii. 134.) It 
 is not certiiin at what time of the year they met 
 for this purpose, nor who presided over the assem- 
 bly, but most probably the arclions. The candidates 
 for these offices, especially for that of strategus, had 
 recourse to bribery and corniption to a great extent, 
 although the laws awarded capital jmnishment to 
 tliat ofi'ence, which was called by the Athenians 
 SeKCKTiurfs. The canvassing of the electors and the 
 solicitation of their votes was called dpxatpeaid^fiv. 
 The magistrates who presided over the assembly, 
 mentioned the names of the candidates {irpoSdK- 
 K€cr6ai, Dcmosth. De C'oroit. p. 277), and the peo- 
 ple declared their acceptance or rejection of each 
 by a show of hands. Tliey never appear to have 
 voted by ballot on these occasions. 
 
 Those who were elected could decline the office, 
 alleging upon oath some sufficient reason why they 
 were unable to discharge its duties, such as labour- 
 ing under a disease, &e. : the expression for this 
 was (^6fii'V(T3ai tt/v dpxw-i or tvv x^i-poToviav. 
 (Deraosth. Ilepi ITapaTrp. p. 379 ; llarpocrat. s. v. 
 €^uifioa-ia.) If, however, an individual accepted 
 the office to which he was chosen, he could not 
 enter upon the discharge of his duties till he had 
 passed his examination (SoKinaaia) before the 
 thesmothetae. If he fiuled in passing his examin- 
 ation (a.woSoKi/j.acrBrji'ai), he incurred a modified 
 species of dri/iia. (Demosth. in Aristoff. i. p. 779.) 
 AU public officers, however, were subject to the 
 ivix^ipoTovia, or confirmation of their appointment 
 by each successive prytany at the conmiencement of 
 its period of office, when any magistrate might be 
 deprived of his office (diTox^ipoTove7a9ai). In the 
 Attic orators, we not unfrequently read of indivi- 
 duals being thus de|)rived of tlicir offices. (Seo 
 Demosth. c. Timoth. p. 1 l!i7 ; c. Tlicocrin. p. 1330 ; 
 
72 
 
 ARCHIATER. 
 
 ARCHON. 
 
 Dinarch. in Philocl. c. 4. Compare Schiimann, De 
 Comitm, p. 320— 33(».) [AiicHON, p. 73.] 
 
 'APXErON properly means any public place 
 belonging to the magistrates, but is more particu- 
 larly applied to the archive office, where the 
 decrees of the people and other state documents 
 were preserved. This office is sometimes called 
 merely to Sriiioalov. (Demosth. Z>e Cor. p. 275.) 
 At Athens the archives were kept in the temple of 
 the mother of the gods (jUTjrp^ov), and the charge of 
 it was intrusted to the president (iirtarrdTris) of the 
 senate of the Five-hundred. (Demosth. Hfpl Uapairji. 
 p. 381 ; in A iistoy. i. p. 79!) ; Pans. i. 3. § 4.) 
 
 ARCHIA'TER(a;)X'aTpos,compounded oiapxos 
 or apx<>>v, a chief, and larpds, a physician), a medi- 
 cal title under the Roman emperors, the exact 
 signification of which has been the subject of much 
 discussion ; for while some persons interpret it 
 " the chief of the phj'sicians" {qiutsi dpxi^v ruv 
 larpwu), others explain it to mean " the physician 
 to the prince" (jpiasi toC iipxovros I'arpiis). Upon 
 the whole, it seems much more probable that the 
 former is tlie true meaning of the word, and for 
 these reasons: — 1. From its etymology it cannot 
 possibly have any other sense, and of all the words 
 similarly formed (opx^TtKTwv, apx^TpMXivos, 
 apxt^'i^iiTKOTros, ^>:c.) there is not one that has any 
 reference to " t/ir /iriiice.'''' 2. We hnd the title 
 applied to physicians who lived at Edessa, Alex- 
 andria, &c., where no king was at that time reign- 
 ing. 3. Galen (De Titer, ad Pix. c. 1) speaks of 
 Andromachus being appointed " to rule over" the 
 physicians {apx^i-v), i. c, in fact, to be " archia- 
 ter." 4. Augustine {De Civit. Dei, iii. 17) applies 
 the word to Aesculapius, and St. Jerome ( meta- 
 phorically of course) to our Saviour (xiii. Ho?)i. 
 in S. Lue.) in both which cases it evidently means 
 " tlie chief physician." 5. It is apparently sj-- 
 nonymous with pruiomedicus, supra medicos, do- 
 mii/us mcdic<iriiin, and supcrpositus nunlicoriim, all 
 wliich expressions occur in inscriptions, &c. (J. 
 We find the names of several persons who were 
 physicians to the emperor, mentioned without the 
 addition of the title archiaier. 7. The archiatri were 
 divided into A. saiicli pcdatii, who attended on the 
 emperor, and A. pojiidures, who attended on the peo- 
 ple ; so that it is certain that u/l those who bore this 
 title were not " physicians to thu pri/ice.'" The chief 
 argument in favour of the contrary opinion seems 
 to arise fi'om the fact, that of all those who are 
 known to have held the office of A. the greater 
 part certainly were physicians to the emperor as 
 well ; but this is only what might « priuri be ex- 
 pected, \-iz. that those who had attained the highest 
 rank in their profession would be chosen to attend 
 upon the prince.* 
 
 The first ])erson whom we find bearing this title 
 is Androlnaclius, physician to Nero, and inventor 
 of the Thoriaca, [Theriaca.] (Galen. I. c. ; 
 Erotian. Lc.v Voc. Hippocr. in Praef.) ; but it 
 is not known whether he had at the same time 
 any sort of authority over the rest of the pro- 
 fession. In fiict, the history of the title is 
 as obscure as its meaning, and it is chiefly by means 
 of the laws respecting the medical profession that 
 we learn the rank and duties attached to it. In 
 after times (as was stated above) tlie order appears 
 to have been divided, and we find two distinct 
 
 * Just as in England the I'resident of the Col- 
 lege of Physicians is ex-ofKcio physician to the 
 sovereign. 
 
 classes of archiatri, viz. those of the pidace and 
 those of the people. (Cod. Theodos. xiii. tit. 3 ; 
 De JVfedieis et Professoribus.) The A. sancti 
 palatii were persons of high rank, who not 
 only exercised their profession, but were judges 
 on occasion of any disputes that might occur among 
 the physicians of the place. They had certain 
 privileges granted to them, c.//. they were exem])ted 
 from all t;ixes, and their wives and children also ; 
 were not obliged to lodge soldiers or others in the 
 pro\-inces ; could not be put in prison, &c. ; for 
 though these privileges seem at first to have been 
 common to all physicians (Cod. Just. x. tit. 52. s. 6. 
 Medicos et maj-iine Archiatros), yet afterwards 
 they were confined to the A. of the palace, and to 
 those of Rome. When they obtained their dis- 
 missal from attendance on the emperor, either from 
 old age or any other cause, they retiiined the title 
 ea'-archiatri, or ca^urchuUrix. (Constantin. Cod. x. 
 tit. 52. leg. C.) The A. populares were established 
 for the relief of the poor, and each city was to be 
 provided with five, seven, or ten, according to its 
 size. (Dig. 27. tit. 1. s. (j.) Rome had fourteen, 
 besides one for the vestal virgins, and one for the 
 gymnasia. (Cod. Theodos. I. c.) They were 
 paid by the government, and were therefore 
 obliged to attend their poor patients gi'atis ; but 
 were allowed to receive fees from the rich. (Cod. 
 Theodos. I. c.) The A. populares were not 
 appointed by the governors of the provinces, but 
 were elected by the people themselves. (Dig. 50. 
 tit. !). s. 1.) The office appears to have been more 
 lucrative than that of A. s. pal., though less lionour- 
 able. In later times, we find in Cassiodorus 
 (see Meibom. Comment, in Cctss. Formal. Are/iiatr. 
 Hehnst. IGGJi) the title "comes archiatronim," 
 " count of the archiatri," together with an account 
 of his duties, by which it appears that he was the 
 arbiter and judge of all disputes anil difficulties, 
 and ranked among the officers of the empire as a 
 vieuriiis or duj: (See Le Clerc, and Sprengel, Hist. 
 deluAIid.) [W.A.G.] 
 
 ARCHIMI'MUS. [MiMUS.] 
 
 ARCHITECTU'RA. [Amphitheatrum, 
 Aquae Ductus, Arcus, Basilica, Bath, House, 
 Temple, (S;c.] 
 
 'APXI0E'nPO2. [GEnPI'A.] 
 
 ARCHON {aqx'^")- The government of 
 Athens appears to have gone througli the cycle of 
 changes, which history records as the lot of many 
 other states. (Vico. Scieriza Nuova ; Phil. 
 Mus. vol. ii. p. G27 ; Arnold, Time. Appeit.) 
 It began with monarchy ; and, after passing 
 through a djaiasty* and aristocracy, ended 
 in democracy. Of the kings of Athens, con- 
 sidered as the capitid of Attica, Theseus may 
 be said to have been the first ; for to him, 
 whether as a real individual or a representative 
 of a certain period, is attributed the union of the 
 different .and independent states of Attica under 
 one head. (Thuc. ii. 15.) The last was Codrus ; 
 in acknowledgment of whose patriotism in 
 meeting death for his country, the Athenians 
 are said to have determined that no one should 
 succeed him with the title of jSacriXeiJs, or 
 king. It seems, however, equally probable, that it 
 was the nobles who availed themselves of this op- 
 portunity to serve their own interests, by abolisli- 
 
 * By this is meant that the supreme power, though 
 not monarclrical, was confined to one family. 
 
ARCHON. 
 
 ARCHON. 
 
 73 
 
 ing the kingly power for iiiiother, the possessors of 
 which thoy culled dgxovTis, or rulers. These for 
 some time" continued to be, like the kings of the 
 house of Codrus, appointed for life : still an import- 
 ant point was gained by the nobles, the office 
 being made uTreufluvos, or accountable (Faus. ii. 5. 
 § 10 ; Uemosth. Aiwi: 1370 ; Aristot. J'id. ii. 9 ; 
 ]i'6ckh,ru//.lCc(w.ofAt/ii-i>!:,\\. p. "27. transl.), which 
 of course implies tiiat the nobility had some con- 
 trol over it ; and perhaps, like the barons of the 
 feudal ages, they exercised the power of deposition. 
 
 This state of things lasted for twelve reigns of 
 ai-chons. The next step was to limit the continu- 
 ance of the office to ten years, still conhning it to 
 the Medontidae, or house of Codrus, so as to esta- 
 blish what the Greeks called a dynasty, till the 
 iirchonship of Eryxias, the last archon of that 
 family elected as such. At the end of his ten 
 years (b. c. G84), a much greater change took 
 place : the archonship was made annual, and its 
 various duties divided among a college of nine, 
 chosen by suffrage {x^igorovia) from the Eupa- 
 tridae, or Patricians, and no longer elected from the 
 Medontidae exclusively. This arrangement con- 
 tinued till the timocracy estjiblished by Solon, who 
 made the (lualitication for office depend not on 
 birth, hut property, still retaining the election by 
 suffrage, and, according to Plutarch, so far im- 
 pairing the authority of the archons and other ma- 
 gistrates, as to legalise an appeal from them to the 
 courts of justice instituted by himself. ("Oaa Ta7s 
 dgxcui 6To|e K^'weiv, r/xo'iuis Kai Treoi eKiivwv, eis 
 TO StKaaTii(Jiov, i<pe<T€iS eSw/cec. Plutarcli, Sulon. 
 18.) The election by lot is believed to have been 
 introduced by Cleisthenes (h. c. SOS ; Herod, vi. 
 c. 109); for we find this practice existing shortly 
 after his time ; and Aristotle expressly states that 
 Solon made no alteration in the oioeuis, or mode of 
 election, but only in the qualification for office. If, 
 however, there be no interpolation in the oath of 
 the Heliasts (Deraosth. Tiiiuicr. p. 747), we are 
 forced to the conclusion that the election by lot 
 was as old as the time of Solon ; but the authority 
 of Aristotle and other evidence strongly incUne 
 us to some such supposition, or rather leave 
 no doubt of its necessity. The last change is sup- 
 posed to have been made by Aristeides (rgo(/)el 
 ^■qcpiafw. Koivriv elvai t^i* iroAiTeiai', ko! to\)s dgx"^- 
 Tose'l ^AOTivaiuiii iravTuii alge7a0ai. Plut;a'ch,.lcis'^.), 
 wlio, after the battle of Plataea (b. c. 479), abo- 
 lished the property (lualitication, throwing open the 
 arclionship and other magistracies to all the citi- 
 71 lis, that is, to the Thetes, as well as the other 
 classes, the former of whom were not allowed by 
 Solon's laws to hold any magistracy' at iill ; in con- 
 fonnity with which, we find that, even m tiie time 
 of Aristeides, the archons were chosen by lot from 
 the wealthiest class of citizens (o( irevTOKocrio- 
 IxeSi/jtvoi. Plut. Arist. ad init). 
 
 Still, after the removal of the old restrictions, 
 some security was left to insure respectability ; for, 
 previously to an ;u'chon entering on office, he muier- 
 went an examination called the diaKgiffis (Pollux, 
 viii. i)C> ; Dinar, c. Aristn;/. p. 107; tous evvea 
 o|>xo!''ros dvaKgiyfTe e» yof^as eO iroiovatv. De- 
 mosth. Eiibid. 1 320), as to his being a legitimate 
 and a good citizen, a good son, and qualified 
 in point of property : ti ex^' TinrifMa ; was 
 the question put. Now, there are (Schumann, 
 De Coniitivi, 29fi. transl. ; Biickh, ii. 277) strong 
 reasons for supposing that this foi'm of exami- 
 
 nation continued even after the time of Aris- 
 teides ; and if so, it would follow that the right 
 in ([uestion was not given to the Thetes pro- 
 miscuously, but only to such as possessed a cer- 
 tain amount of property. But even if it were so, 
 it is admitted that this latter limibition soon be- 
 came obsolete ; for we read in Lysias ('Tir€g roO 
 'ASuvoTou,p. 1()9), that a needy old man, so poor as 
 to receive a state allowance, was not disqiudified 
 from being archon by his indigence, but only by 
 bodily infirmity ; freedom from all such defects 
 being required for the office, as it was in some re- 
 spects of a sacred character. Yet, even after pass- 
 ing a satisfactory dvdKgi<ns, each of the archons, in 
 common with other magistrates, was liable to 
 be deposed, on complaint of misconduct made be- 
 fore the people, at the first regular assembly in each 
 prytany. On such an occ;ision, the ivixeigo- 
 rov'ia, as it was called, took place ; and we 
 read (Dcmosth. c. T/imcr. 1330 ; PoUux, viii. 95 ; 
 Harp, in Kvgia 'E/CKXTjeria) that, in one case, 
 the whole college of archons was deprived of office 
 (dffexeigoTonjfiTj), for the misbehaviour of one of 
 their body : they were, however, reinstated, on 
 promise of better conduct for the future. ['AP- 
 XATPESl'AI.] 
 
 With respect to the later ages of Athenian 
 historj', we learn from Strabo (ix. c. I), that even 
 in his day (f^exS' ""'')•' t'"^ Romans allowed the 
 freedom of Athens ; and we may conclude that 
 the Athenians woidd fondly cling to a name and 
 office associated with some of their most cherished 
 remembrances. That the archonship, however, 
 though still in existence, was merely honorary, we 
 miglit expect from the analogy of the consulate at 
 Rome ; and, indeed, we learn that it was some- 
 times filled by strangers, as Hadrian and Plut;irch. 
 Such, moreover, was the democratical tendency of 
 the assembly and courts of justice established by 
 Solon (Plut. in viia), that, even in earlier 
 times, the archons had lost the great political power 
 which they at one time possessed (Thuc. i. 
 12(5), and that, too, after the division of their 
 functions amongst nine. They became, in fact, 
 not as of old, directors of the government ; but 
 merely municipal magistrates, exercising functions 
 and bearing titles which we will proceed to decribe. 
 
 It has been already stated, that the duties of the 
 single archon were shared by a college of nine. 
 The first or president of this body was called 
 dgX""-: hy way of pre-eminence ; or dgx.'^v eVa- 
 vvfios, from the year being distinguished by and 
 registered in his name. The second was styled 
 dgx^^ ^aaiMis, or the king archon ; the third, 
 iroKei^agxos, or commander-in-chief ; the remain- 
 ing six, ^err/j-odtTat, or legislators. As regards the 
 duties of the archons, it is sometimes difficult to 
 distingiush what belonged to them individually 
 and what collectively. (Schiimann, 174. transl.) 
 It seems, however, that a considendjle portion of 
 the judicial functions of the ancient kings devolved 
 upon the dgxi^v eitdjvvixos, who was also consti- 
 tuted a sort of state protector of those who were 
 unable to defend themselves. (Dem. Macar. Nd/xos, 
 p. 107(i ; Pollux, viii. 89.) Thus he was to 
 superintend orphans, heiresses, families losing their 
 representatives (o1;ko4 ot ii,egi]iJ.ovixevoL), widows 
 left pregnant, and to see that tliey were not 
 wronged in any way. Should anj' one do so, he 
 was empowered to inflict a fine of a certain 
 amount, or to bring the parties to trial. Heiresses, 
 
74 
 
 ARCHON. 
 
 ARCHON. 
 
 indeed, seem to have been under his peculiar care ; 
 for we read (Demosth. Macur. p. 1 0.52) that he could 
 compel the next of kin either to marry a poor heiress 
 himself, even though she were of a lower class, or to 
 portion her in marriage to another. Again we find 
 (Id. p. 1055 ; PoUux, viii. 52) that, when a per- 
 son claimed an inheritance or heiress adjudged to 
 others, he summoned the party in possession before 
 the archon eponpnus, who brought the case into 
 court, and made arrangements for trying the suit. 
 We must, however, bear in mind that this autho- 
 rity was only exercised in cases where the parties 
 were citizens, the polemarch having corresponding 
 duties when the heiress was an alien. It must also 
 be understood that, except in very few cases, the 
 arclions did not decide themselves, but merely 
 brought the causes into court, and cast lots for the 
 dicasts who were to try the issue. (Demosth. c. 
 Sieph. 2. p. 1136.) Another duty of the archons 
 was to receive ^itra/YyeXiai, or informations against 
 individuals who had wronged heiresses, children 
 who had maltreated their parents, guardians who 
 had neglected or defrauded their wards. (Kokojctis 
 e7ri)f\7j^oi), yovewv, dgcpavoov. Pollux, viii. 48, 
 49 ; Demosth. Tinioci: 707 ; Scluimann, 174.) In- 
 formations of anotlier kind, the evSet^is and (paais, 
 were also laid before the eponymus, though De- 
 mosthenes assigned the fonner to the thesmo- 
 thetae. The last office of the archon which we 
 shall mention was of a sacred character ; we allude 
 to his superintendence of the greater Dionysia and 
 the Thargelia, the latter celebrated in honour of 
 Apollo and Artemis. 
 
 The functions of the agx'^" jSairiXeiJs were al- 
 most all connected with religion : his distingTiish- 
 ing title shows that he was considered a represent- 
 ative of the old kings in their capacity of high 
 priest, as the Rex Sacriiicidus was at Rome. Thus 
 he presided at the Lenaean, or older Dionysia ; 
 superintended the mysteries and the games called 
 \afnraSri<pog'iai, and had to offer up sacrifices and 
 prayers in the Eleusinium, both at Athens and 
 Eleusis. Moreover, indictments for impiety-, and 
 controversies about the priesthood, were laid before 
 him ; and, in cases of murder, he brought the trial 
 into the court of the areiopagus, and voted with its 
 members. His wife, also, who was called fiaai- 
 AifffTa, had to offer certain sacrifices, and therefore 
 it was reejuired that she should be a citizen of pure 
 blood, without stain or blemish. Ilis court was 
 held in what was called rj too liaaiAiws CToa.* 
 
 Tlie polemarch was originally, as his name de- 
 notes, the commander-in-chief (Herod. \i. 109. 
 Ill ; Pollux, viii. 91) ; and we find him dis- 
 charging military duties as late as the battle of 
 Marathon, in conjunction with the ten argaTTiyoi : 
 he there took, like the kings of old, the command of 
 the right wing of the anny. This, however, seems to 
 be the last occasion on record of this magistrate ap- 
 pointed by lot being invested with such important 
 functions ; and in after ages we hnd that his 
 duties ceased to be military, liaving been in a great 
 measure transferred to the protccticm and superin- 
 tendence of the resident aliens, so that he resembled 
 
 * Demosth. Lacr. 940 ; Andioi, 601 ; Neaera, 
 1.'570; Lysias, And. 103, where the duties are 
 enumerated. Elmsley Ad. Arhtfoph. Achar. 1143, 
 et Scholia ; Clinton, F. II. 468, 4 ; Harpocr. in 
 'ETTt^ieXTjTijs TOiv ixvaTftgiuv : Plato, Euthy. et 
 Tlu-iod. ad fin. ; Pollux, viii. 90. 
 
 in many respects the praetor peregrinus at Rome. In 
 fact, we learn from Aristotle, in his " Constitution of 
 Athens," that the polemarch stood in the same re- 
 lation to foreigners as the archon to citizens. (De- 
 mosth. Lacr. 940 ; Arist. apud Harpocr. sub voce 
 Polemarch ; Pollux, viii. S 92, 93.) Thus, all ac- 
 tions affecting aliens, the isiiti'lcs and proxeni were 
 brought before him previously to trial ; as, for in- 
 stance, the Si'ffr) aiTgoaTaaiov against a foreigner, 
 for living in Athens vvithout a patron ; so was also 
 the SiKr; diroaTaaiov against a slave who failed in 
 his duty to the master who had freed him. More- 
 over, it was the polemarch's duty to offer the 
 yearly sacrifice to Artemis, in commemoration of 
 the vow made by CaUimachus, at Marathon, and 
 to arrange the funeral games in honour of those 
 who fell in war. These three archons, the 
 eiraivvfws, fiairiKevs, and itoXiixagxos, were each 
 allowed two assessors to assist them in the dis- 
 charge of their duties. 
 
 The thesmothetae were extensively connected 
 with the administration, of justice, and appear to 
 have been called legislators (Thirwall, Hist, of 
 Grave, vol. ii. p. 17), because in the absence of a 
 written code, they might be said to make laws, or 
 dea^io'i, in the ancient language of Athens, 
 though in reality they only declared and ex- 
 plained them. They were required to review, 
 every year, the whole body of laws, that they 
 might detect any inconsistencies or superfluities, 
 and discover whether any laws which were abro- 
 gated were in the public records amongst the rest. 
 (Aesch. Ctcsi])k. 59.) Their report was submitted 
 to the people, who referred the necessary altera^ 
 tions to a legislative committee chosen for the 
 purpose, and called vojjLoBirai. 
 
 The chief part of the duties of the thesmothetae 
 consisted in receiving infonnations, and bringing 
 cases to trial in the courts of law, of the days of 
 sitting in which they gave public notice. (Pollux, 
 viii. 87, 08.) They did not try them themselves; 
 but seem to have constituted a sort of grand jury, 
 or inquest. Thus they received ei/5€l|€is ag-ainst 
 parties who had not paid their fines, or owed any 
 money to the state, and firayyeA'iai against orators 
 giiUty of actions which disqualified them from 
 addressing th(' people ; and in default of bringing 
 the fonner parties to trial, they lost their right of 
 going up to the areiopagus at the end of their year 
 of ofttce. (Demosth. Mid. 529,530 ; Mcurir. 1075 ; 
 Timocr. 707 ; Bcickh, vol. i. p. 59 ; ii. p. 72 ; 
 transl. ; Aeschin. Ttinarch. p. 5.) Again, indict- 
 ments for personal injuries {vgpeas yga<pai) were 
 laid before them, as well as informations against 
 olive growers, for rooting up more trees than was 
 allowed to each proprietor by law. (Demosth. 
 c.Step. ii. 1137 ; A'cacra, 1351. 1363. 1368 ; 
 Timocr. 720 ; Pollux, viii. 88 ; Schiimann, 271 ; 
 Buckh, i. 259. 317.) So, too, were the indict- 
 ments for bribing the Heliaea, or any of the courts 
 of justice at Athens, or the senate, or forming 
 clubs for the overthrow of the democracy, and 
 against retained advocates ( (rvvriyogoi) who took 
 bribes either in public or private causes. Again, 
 an infonnation was laid before them if a foreigner 
 cohabited with a citizen, or a man gave in mar- 
 riage as his own daughter the child of another, or 
 confined as an adulterer one who was not so. 
 They also had to refer informations ( 6((rci776Ai'oi) 
 to the people ; and where an information had been 
 laid before the senate, and a condemnation ensued. 
 
ARC us. 
 
 ARC US. 
 
 75 
 
 it was their duty to bring the jiidg-ment into the 
 courts of justice for confirmation or revision. 
 
 A different office of tlicirs was to draw up and 
 ratify the crvuSoXa, or agreements, with foreign 
 states, settling the temis on which their citizens 
 should sue and be sued by the citizens of Athens. 
 ( Pollux, viii. 87 ; Harpocr. suli voce Karax^i-gaTovia: 
 Schomann, 224 ; Deniosth. Aris. 630.) In their 
 collective capacity, the arclunis are said to have 
 had the power of death in case an exile returned 
 to an interdicted place : they also superintended 
 the evLx^igoTouia of the magistrates, held every 
 prytany [iTreoarwai d SoKe'i KaAcus dox^f), and 
 brought to trial those whom the people deposed, if 
 an action or indictment were the conseciuence of it. 
 Moreover, they allotted the dicasts or jurymen, 
 and probably presided at the annual election of 
 the strategi and other militarj^ officers. 
 
 In concluding this enumeration of the duties of 
 the archons, we may remark, that it is necessary 
 to be cautious in our intei-pretation of the words 
 dgx'n iiiid dgxavTes : the fact is, that in the Attic 
 orators they have a double meaning, sometimes re- 
 ferring to the archons peculiarly so called, and 
 sometimes to any other magistracy. Thus in 
 Isaeus {Dc Clmnymi Hiwred.) we might on 
 a cursory perusal infer, that when a testator left 
 his property away from his heir-at-law, by what 
 was technically called a ZSais (Harpocr. sub voce ; 
 Isaeus, ire^l K\riguv), the archon took the original 
 will into custody, and was required to be present 
 at the making of any addition or codicil to it. A 
 more accurate observation proves that by rfs rouv 
 dgxovTwv is meant one of the dcrrvvofioi, who 
 foniied a magistracy (agX^'J) <is well as the nine 
 archons. 
 
 A few words will suffice for the privileges and 
 honours of the archons. (Bockh, ii. 322: Demosth. 
 Lep. 462. 464, 465 ; Mitl. 524 : Pollux, viii. f!6.) 
 The greatest of the fomier was the exemption from 
 the trierarchies — a boon not allowed even to the 
 successors nf llamiodius and Aristogeiton. As a 
 mark of their office, they wore a chaplet or crown 
 of myrtle ; and if any one struck or abused one of 
 the thesmothetae or the archon, when wearing 
 this badge of office, he became oti,uos, or inftimous 
 in the fullest extent, thereby losing his civic rights. 
 The archons, at the close of their year of sendee, 
 were admitted among the members of the areiopa- 
 gais. [Arbiopagus.] The principal authority on 
 the subject of the archons and their duties is 
 Julius Pollux, in a work called 'Ovo/.ictcrTi/foV : he 
 was a professor of rhetoric at Athens in the time 
 of the Emperor Commodus, a. d. 1.')0, to whom he 
 inscribed his work, and is generally believed to have 
 borrowed his information from a lost treatise 
 of Aristotle on the " Constitution of Athens." 
 It is, however, necessary to consult the Attic 
 orators, as will be seen from the references which 
 are given in the course of this article. Amongst 
 the modem writers, Buckh and Schomann are 
 occasionally useful, though they give no regular 
 account of the archonship. [R. W — N.] 
 
 'APXn'NH2. The taxes at Athens were let 
 out to contractors, and were frequently fanned by 
 a company under the direction of an dpx^i^V^-, or 
 chief farmer, who was the person responsible to 
 the state. (Andoc. 7> Mi/d. p. 65 ; Bockh, I'uU. 
 Ecov. of At/iciis, vol. ii. p. 26. 2o. 53.) 
 
 ARC'IFINI'US AGER. [AGRiMENsniiES.] 
 
 ARCUS (also fornix, Virg. Acii. vi. 631 ; Cic. 
 
 in Verr. i. 7 ; and Kafidpa), an arch suspended 
 over the head of an aperture, or carried fri>m one 
 side of a wall to another, and serving as the roof 
 or ceiling to the space below. An arch is formed of 
 a series of wedge-like stones, or of bricks, support- 
 ing each other, and all bound firmly together by 
 the pressure of the centre one upon them ; which 
 latter is therefore distinguished by the name of 
 key-stone. 
 
 It would seem that the arch, as thus defined, 
 and as used by the Romans, was not known to the 
 Greeks in the early periods of their history, other- 
 wise a language so copious as theirs, and of such 
 ready application, would not have wanted a name 
 properly Greek by which to distinguish it. The 
 use of both arches and vaults appears, however, 
 to have existed in Greece previously to the Roman 
 conquest, though not to have been in general prac- 
 tice. (Mitford, Principles of Design in Architeo- 
 ture.) But the constructive principle, by which 
 an arch is made to hold together, and to afford a 
 solid resistance against the pressure upon its cir- 
 cumference, was known to them even previously to 
 the Trojan war, and its use is exemplified in two 
 of the earliest buildings now remaining — the cham- 
 ber built at Orchomenus, by Minyas, king of 
 Boeotia, described by Pausanias (ix. 38), and 
 the treasury of Atreus at Mycenae. (Paus. ii. 
 16.) Both these works are constnicted under 
 ground, and each of them consists of a circular 
 chamber formed by regular courses of stones 
 laid horizontally over each other, each course 
 projecting towards the interior, and beyond the 
 one below it, till they meet in an apex over 
 the centre, which was capped by a large stone, 
 and thus resembled the inside of a dome. Each 
 of the horizontal courses of stones formed a perfect 
 circle, or two semicircular arches joined together, 
 as the subjoined plan of one of these courses will 
 render evident. 
 
 It will be observed that the innermost end of each 
 stone is bevelled off into the shape of a wedge, the 
 apex of which, if contimied, would meet in the 
 centre of the circle, as is done in forming an arch ; 
 while the outer ends against the earth are left rough, 
 and their interstices filled up with small irregular- 
 shaped stones, the immense size of the principal 
 stones rendering it uimecessary to continue the 
 sectional cutting throughout their whole length. 
 Indeed, if these chambers had been constructed 
 upon any other principle, it is clear that the pres- 
 sure of earth all around them would have caused 
 them to collapse. The method of oonstmction 
 
76 
 
 ARCUS. 
 
 ARCUS. 
 
 here described was communicated to the writer 
 of the present article by the late Sir William 
 Gell. Thus it seems that the Greeks did under- 
 stand the constructive principle upon which arches 
 are formed, even in the earliest times ; although 
 it did not occur to them to divide the circle by a 
 diameter, and set the half of it upright to bear a 
 superincumbent weight. But they made use of a 
 contrivance, even before the Trojan war, by which 
 they were enabled to gain all the advantages of our 
 archway in making corridors, or hollow galleries, 
 and which in appearance resembled the pointed 
 arch, such as is now termed Gothic. This was 
 effected by cutting away the superincumbent stones 
 in the manner already described, at an angle of 
 about 4.50 with the horizon. The mode of con- 
 struction and ajjpearance of the arches is repre- 
 sented in the annexed drawing of the walls of 
 Tiryns, copied from Sir M'illiani Gell's Argolis. 
 The gate of Signia {Scgni) in Latium exhibits a 
 simihir example. 
 
 Of the different forms and curves of arches now 
 in use, the only one adopted by the Romans was 
 the semicircle ; and the use of this constitues one 
 leading distinction between Greek and Roman 
 architecture, for by its application the Romans 
 were enabled to execute wcu'ks of far bolder con- 
 stniction than those of the Greeks — to erect 
 bridges and aquaeducts, and the most durable and 
 massive stnictures of brick. [A. R.] 
 
 ARCUS TRIUMPHALIS (a triumphal arch), 
 an entire structure, forming a passage-way, and 
 erected in honour of an individual, or in commemo- 
 ration of a concpiest. Triumphal arches were built 
 across the principal streets of the city, and, accord- 
 ing to the space of their respective localities, con- 
 sisted of a single arch-way, or a central one for 
 carriages, and two smaller ones on each side for 
 foot passengers, which sometimes have side com- 
 munications with the centre. Those actually 
 made use of on the occasion of a triumphal entry 
 and procession, were merely temporary and hastily 
 erected ; and, having served their purpose, were 
 taken down again, and sometimes replaced by 
 others of more durable materials. 
 
 Stertinius is the first upon record who erected 
 anything of the kind. Jle built an arch in the 
 Forum Boarium, about u. c. 19G, and another 
 in the Circus Maxinuis, each of which was sur- 
 mounted by gilt statues. (Liv. xxxiii. 27.) Six 
 years afterwards, Scipio Africiinus built another on 
 the Clivus Capitolinus, on which he placed seven 
 gilt statues and two figures of horses (Liv. xxxvii. 
 
 and in B. c. 121, Fabius Maximus built a 
 fourth in the Via Sacra, which is called by Cicero 
 (/« Verr. i. 7) the Furnijc Faliianun. None of 
 these remain, the Arch of Augustus at Rimini 
 being one of the earliest among those still standing. 
 
 There are twenty-one arches recorded by differ- 
 ent writers as liaving been erected in the city of 
 Rome, five of which now remain: — 1. Arcus 
 Druai, which was erected to the honour of 
 Claudius Dnisus on the Appian way. (Suet. 
 (J/aiul. 1.) 2. Arcus Titi, at the foot of the 
 Palatine, which was erected to the honour of 
 Titus, after his conquest of Judaea, but does not 
 appear to have been finished till after his death ; 
 since in the inscription upon it he is called Divus, 
 and he is also represented as being carried up to 
 heaven upon an eagle. The bas-reliefs of this arch 
 represent the spoils from the temple of Jenisalem 
 ciirried in triiunphal procession. This arch has 
 (mly a single opening, with two columns of the 
 Roman or composite order on each side of it. 3. 
 Arcus Si-jitiinii Hereri, which was erected by the 
 senate (a. d. 207) at the end of the Via Sacra, 
 in honour of that emperor and his two sons, 
 Caracalla and Geta, on account of his conquest of 
 the Parthians and Arabians. 4. Arcus Oatlkni, 
 erected to the honour of GaUienus by a pri- 
 vate individual, M. Aurelius Victor. 5. Arcus 
 CoTistmitiin, which is larger and more pro- 
 fusely ornamented than the Arch of Titus. It has 
 three arches in each front, with cohmuis similarly 
 disposed, and statues on the entablatures over 
 them, which with the other sculptured ornaments 
 originally decorated the arch of Trajan. [A. R.] 
 
 ARCUS (/3iJs, To^oc), the bow used for shoot- 
 ing arrows. The bow is one of the most ancient of 
 all weapons, and has been from time immemorial 
 in general use over the globe, both among civilized 
 and barbarous nations. Hence the Greeks and 
 Romans ascribed to it a mythical origin, some 
 saying that it was the invention of Apollo, who 
 taught the use of it to the Cretans (Diod. Sic. 
 V. 74), and others attributing the discover}' either 
 to Scythes the son of Ju]iiter, or to Perses the 
 son of Perseus. (Plin. H.N. vii. .5(i.) These 
 several fables indicate nothing more than the 
 verj' superior skill and celebrity of the Cretans, 
 the Scythians, and the Persians in archery. 
 The use of the bow is, however, characteristic 
 of Asia rather than of Iliu-ope. In the Roman 
 annies it was scarcely ever employed except by 
 auxiharies ; and these auxiliaries, called sai/itiarii, 
 were chiefly Cretes and Arabians. (Liv. xxxvii. 
 40; xlii. 3.5; compare Xen. Ana/j. i. 2. § 9. 
 KprjTfs To^oTot : Ari'ian. Anab. Eurybotas, the 
 Ci'etan, leader of the archers.) 
 
 Likewise in the Grecian annies, archers acted 
 only a subordinate though important part. Their 
 position was in the rear ; and, by taking advantage 
 of the protection atforded by the heavy-armed 
 soldiers who occupied the fiont ranks, their skill 
 was rendered very effective in the destruction of 
 the enemy. Thus Homer {11. viii. 2G() — 315) 
 
ARCUS. 
 
 'APAA'AION. 
 
 77 
 
 gives a long list of names in the Trojan army of 
 men slain by the arrows of Teucer, the son of 
 Telamon, wlio accomplished this object by shelter- 
 ing himself under the ample shield of his brother 
 Ajax. 
 
 Among the Scythians and Asiatics, archery 
 was universally practised, and became the principal 
 method of attack. In the description given by 
 Herodotus (vii. 61 — 80) of the accoutrements of 
 the numerous and vast nations which composed 
 the anny of Xerxes, we observe that not only 
 Arabians, Medes, Pailhians, Scythians, and Per- 
 sians, but nearly all the other troops without ex- 
 ception, used the bow, although there were 
 ditferences characteristic of the several countries in 
 respect to its size, its form, and the materials of 
 which it was made. Thus the Indians and some 
 others had bows, as well as arrows, made of a 
 cane (KaAd/xos), which was perhaps the bamboo. 
 
 Herodotus also alludes to the peculiar form of 
 the Scythian bow. Various authorities conspire 
 to show that it corresponded with the upper of the 
 two figures hero exhibited, which is taken from 
 one of Sir W. Hamilton's fictile vases. It shows 
 the Scj'thian or Partliian bow unstrung, and agrees 
 with the fomi of that now used by the Tartars, 
 the modem representatives of the ancient Scythae. 
 In conformity with this delineation, an unletter- 
 ed rustic who had seen the name of Theseus 
 (0HCETC), says that the third letter was like a 
 Scythian bow. {Ap. Atlwn. x. ; compare Theocr. 
 xiii. 56, and Schol. iid he. ; Lycoph. 914 ; Amm. 
 Marcell. xxii. 8 ; Diod. Sic. I. c.) 
 
 On the other hand, tlie Grecian bote, the usual 
 form of which is shown in the lower of the pre- 
 ceding figures, has a double curvature, consisting of 
 two circular portions UTiited by the handle. The 
 fabrication and use of bmvs of this kind are de- 
 scribed by Homer (//. iv. 105 — 126) in the follow- 
 ing manner: — Pandarus, the Lycian archer, having 
 obtained the long horns of a species of wild goat, 
 had them smoothed and polished by a bowman 
 (^K€pcw^6os TeKTwy), fitted to one another at the 
 base, and fastened together by means of a ring of 
 gold (xpwffc'? Kopwvft). Preparing to shoot, he 
 lowers his body (ttotI -yaly djKAlvas. Compare 
 the next woodcut). His companions cover him 
 \vith their shields. Having fitted the arrow, he 
 draws the string towards his breast [uevpiiv /uaf"^ 
 ireAatrev). The bow (jSicSs, as opposed to uevp-q) 
 twangs, the string resounds, and the arrow flies to 
 reach its mark. We see this action exhibited in 
 the following outline of a statue belonging to the 
 group of the Aegina marbles, and perhaps nearly 
 as old as the age of Homer himself. (Compare 
 
 Virg. Aen. xi. 858 — 862.) The bow, phced in 
 the hands of this statue, was probably of bronze, 
 and has been lost. 
 
 It is evident that a bow, made and handled in 
 the manner here described, could not be longer 
 than three or four feet, and must have been far 
 less powerful than the Scythian bow. On account 
 of the material, it is often called by the classical 
 authors a Juirn ((tcpas, Anacreon, iii., Hom. Od. 
 xxi. .395 ; cornu, Virg. Aen. xi. 859.) 
 
 This difference of size and form caused a differ- 
 ence also in the mode of drawing the bow. 'J'he 
 Greek, with one knee on the ground, drew his 
 right hand with the string towards his breast, as 
 represented in the Aeginetan statue, in Homer's 
 account of Pandarus, and in Virgil's description 
 {I. c.) of Camilla ; the Scythian, on the contrary, 
 advancing boldly towards the enemy, and often on 
 horseback, obliged by the length of his bow, which 
 he held vertically, to avoid stooping and to elevate 
 his left hand, drew the other up to his right ear, 
 as is practised by our archers in the present day. 
 (Eustath. in II. iv. ; Procop. Bell. Pers. i.) The 
 Oriental arrow was long and heavy in proportion to 
 the bow (see Xen. as quoted under Ansa), and 
 was sent, as Procopius observes, with such force 
 that no shield or thorax could resist it. 
 
 The bow was sometimes adorned with gold 
 (whence aureus arcus, Virg. Aen. xi. 652). The 
 golden ring, or handle, has been already mention- 
 ed. Apollo is called by Homer " the god of the 
 sihcr bow" (dpyvporo^os). 
 
 The bowstring was twisted, and was made 
 either of thongs of leather (vevpa fioeia, II. iv. 
 122), of horse-hair ['hireM Tpi'xcufffs, Hesych.), or 
 of the hide, or perhaps the intestines, of the horse 
 (twrvus cfjuinus, Aen. ix. 622). 
 
 When not used, the bow was put into a case 
 (To^o07)Kr;, ycopvTos, Cori/tus), which was made of 
 leather {seorteum, Festus), and sometimes orna- 
 mented {<paiiv6s, Hom. Od. xxi. 55). The bow- 
 case is often repeated and very conspicuous in the 
 sculptured bas-reliefs of Persepolis. Thus encased, 
 the bow was either hung upon a peg (Orf. I. (■.),-or 
 carried on the shoulders (to|' d/xoLaiv exuic, 11. i. 
 45 ; Aen. xi. 652). 
 
 Among the Greek and Roman divinities, the 
 use of the bow is attributed to Apollo, Diana, 
 Cupid, and Hercules ; and they are often reprt^ 
 sented armed with it in ancient works of art. 
 [S.iGITTA.] [J. Y.] 
 
 'APAA'AION, dpSdviov, also called oarpaKov 
 from the materials of which it was made, was a 
 vessel of water, which stood before the door of a 
 
78 
 
 AREIOPAGUS. 
 
 AREIOPAGUS. 
 
 house in which there was a dead body, in order 
 that those who had been with the corpse might 
 purify themselves by sprinkling the water on their 
 persons. (Ilesych. s.v. ; Pollux, viii. 7.) 
 
 A'REA (aXois, or dA.&ia), the threshing-floor, 
 was a raised place in the field, o])en on all sides to 
 the wind. Great pains were taken to make tliis 
 floor hard ; it was sometimes paved with flint 
 stones (Colum. i. 6 ), but more usually covered with 
 clay and smoothed with a great roller. (Virg. 
 Georff. i. 178.) It was also customary to cover it 
 with lees of oil, which prevented insects injuring it, 
 or grass growing upon it. ( Cato, Rc Hunt. !) 1 . 
 129.) The grains of the com were beaten out by 
 the hoofs of cattle treading upon it, or by flails 
 {Justes, Colum. ii. 21). 
 
 AREIOP'AGUS (d "Apfios irayos, or hill of 
 Arcs), at Athens, was a rocky eminence, lying to 
 to the west of, and not far from the Acropolis. To 
 account for the name, various stories were told. 
 Thus, some said that it was so called from the 
 Amazons, the daughters of Ares, having encamped 
 there when they attacked Athens ; others again, 
 as Aeschylus, from the sacrihces there offered to 
 that god; while the more received opinion con- 
 nected the name with the legend of Ares having 
 been brought to trial there by Poseidon.for the mur- 
 der of his son Halirrhotius. (Demosth. Aris. p. 642 ; 
 Aeschyl. Eum. 659.) To none, however, of 
 these legends did the place owe its fame, but 
 rather to the council ('H h 'Apei'^ -naytf ^ouKri), 
 which held its sittings there, and was sometimes 
 called 'H dvoi ^ovK-/i, to distinguish it from the 
 senate of Five Hundred, which sat in the Cerameicus 
 within the city. That it was a body of very remote 
 antiquity, acting as a criminal tribunal, was evi- 
 dently believed by the Athenians themselves. In 
 proof of this, we may refer to the express assertions 
 of the orators, and the legend of Orestes having 
 been tried before the council for the murder of his 
 mother — a trial which took place before Athena, 
 and which Aeschylus represents as the origin of 
 the court itself. Again, we flnd that even before 
 the first Messenian war (b. c. 740) began, the 
 Messenian king ottered to refer the points in dis- 
 pute to the Argive Amphictiony, or the Athenian 
 Areiopagus (Paus. iv. 5, 1 ; Tliirlwall, Hist. (Irecm, 
 vol. i. p. 345), a proof not only of the existence of 
 the body, but also that it had already obtained 
 considerable reputation for equity in its decisions — 
 a reputation which it must have taken some time 
 to establish. 
 
 There is suflicient proof, then, that the Areiopa- 
 gus existed before the time of Solon, though he is 
 admitted to have so far modified its constitution 
 and sphere of duty, that he might almost be cjiUed 
 its founder. What that original constitution was, 
 must in some degree be left to conjecture, though 
 there is every reason to suppose that it was 
 aristocratical, the members being taken, like 
 the Ephetae, from the noble patrician families 
 (apKTTtvSTjc). We may remark that, after the time 
 of Solon, the Eidietae, fifty-one in number, sat 
 collectively in four dilYerent courts, and were 
 charged with the hearing of such cases of acci- 
 dental or justifiable homicide as admitted of or re- 
 quired expiation, before the accused could resume 
 the civil and religious rights he had lost : a resump- 
 tion impossible in cases of wilful murder, the 
 capital punishment for wliich could only be escaped 
 by banishment for life, so that no expiation was 
 
 required or given. (Miiller, Eumen. 64 ; Pollux, 
 viii. 125.) Now the Ephebie fonnerly administer- 
 ed justice in five courts, and for this and other 
 reasons it has been conjectured that they and the 
 Areiopagus then fonned one court, which decided 
 in all cases of murder, whether wilful or accidental. 
 In support of this view, it has been urged that the 
 separation of functions was rendered necessary by 
 that change of Solon which made the Areiopagus 
 no longer an aristocratic body, while the Ephetae 
 remained so, and as such were competent to ad- 
 minister the rites of expiation, forming, as they 
 did, a part of the sacred law of Athens, and there- 
 fore left in the hands of the old patricians, even 
 after the loss of their political privileges. On this 
 point we may remark, that the connection insisted 
 on may to a great extent be tnie ; but that there 
 was not a complete identity of functions is proved 
 by Plutarch {Saloti), in a quotation from the laws 
 of Solon, showing that even before that legislator 
 the Areiopagites and Ephetae were in some cases 
 distinct. 
 
 It has been observed, in the article Archon, 
 that the principal change introduced by Solon in 
 the constitution of Athens, was to make the quali- 
 fication for office depend not on birth but property ; 
 also that, agreeably to his reforms, the nine archons, 
 after an unexceptionable discharge of their duties, 
 " went up " to the Areiopagus, and became mem- 
 bers of it for life, unless expelled for misconduct. 
 (Dinar, c. Dcmosfh. p. 97 ; Plutarch, Vit. Sol.) 
 
 The council then, after his time, ceased to be 
 aristocratic in constitution ; but, as we learn from 
 Attic writers, contiiuied so in spirit. In fact, 
 Solon is said to have formed the two coimcils, the 
 senate and the Areiripagus, to be a check upon the 
 democracy ; that, as he himself expressed it, " the 
 state, riding upon them as anchors, might be less 
 tossed by stonns." Nay, even after the archons 
 were no longer elected by suffrage but by lot, and 
 the office was thrown open by Aristeides to all the 
 Athenian citizens, the "upper council" still re- 
 tained its former tone of feeling. We learn, in- 
 deed, from Isocratcs (Aroiop. 147), that no one was 
 so bad as not to put olT his old habits on becoming 
 an Areiopagite ; and though this may refer to 
 private rather than pul)lic conduct, we may not 
 unreasonably suppose that the political principles 
 of the younger would always be modified by the 
 older and more numerous members — a modification 
 which, though continuallj^ less in degree, would 
 still be the same in direction, and make the Areio- 
 pagus what Pericles found it, a counteracting force 
 to the democracy. Moreover, besides these changes 
 in its constitution, Solon altered and extended its 
 functions. Before his time it was only a criminal 
 court, trying cases of " wilful murder and wound- 
 ing, of arson and poisoning" (Pollux, viii. 117; 
 Demosth. Aris. 627), whereas he gave it extensive 
 powers of a censorial and political nature. Thus 
 we learn that he made the council an " overseer 
 of even'thiug, and tlie guardian of the laws," em- 
 powering it to inquire how any one got his living, 
 and to punish the idle. (Plutarch. ISuIoii ; Isoc. 
 Archp. 147.) 
 
 We learn from other authorities that the 
 Areiopagites were " superintendents of good order 
 and decency," terms rather uidimited and unde- 
 fined, as it is not improbable Solon wished to 
 leave their authority. There arc, however, rc- 
 I corded some particular instances of its exertion. 
 
AREIOPAGUS. 
 
 AREIOPAGUS. 
 
 7!) 
 
 (Atheii.iv. 1()7.«.— IfiS.i.edit.Dindorf.vi. 24.5.f. ; 
 Pollux, viii. 1 Thus we liml that they called 
 
 persi'ms to account for extravagant and dissolute 
 living, and that too even in the later days of 
 Athenian history. On the other hand, they oc- 
 casionally rewarded remarkable cases of industry, 
 and, in company with cert;iin officers called 
 ■ywaiKoixot, made domiciliary visits at private en- 
 tertiiinmeiits, to see that the number of guests 
 was not too large, and also for other purposes. 
 But their censorial and political authority was not 
 confined to matters of this subordinate character. 
 We learn from Aristotle (Plutarch, T/u'mig.lO ; see 
 Biickh, i. p. -iOB. transL), that at the time of the 
 JMcdian invasion, when there was no money in the 
 public treasury, the Areiopagus advanced eight 
 drachmae a man to each of the sailors — a state;jient 
 which proves that they had a treasury of their 
 own, rather than any control over the public 
 finances, as some have inferred from it. (Thirlwall, 
 Jlist. Griti'ce, vol. iii. app. 1.) Again we are told 
 (Lj-curg. c. Leuc, 154) that at the time of the 
 battle of Chaeroneia, they seized and put to death 
 those who deserted their country, and that they 
 were thought by some to have been the chief 
 preservation of the city. 
 
 It is probable that public opinion supported 
 them in acts of this kind, without the aid of which 
 they must have been powerless for any such ol)- 
 jects. In connection with this point, we may add 
 that when heinous crimes had notoriously been 
 committed, but tlie guilty parties were not known, 
 or no accuser appeared, the Areiopagus inquired 
 into the subject, and reported {d-wo<palveii') to the 
 denuis. The report or infonnation was called 
 dir6!pa(ns. This was a duty which they sometimes 
 undertook on their own responsibility, and in the 
 exercise of an old-est;iblished right, and sometimes 
 on the order of the demus. (Dinarchus, c. Dcmosth. 
 97; Schcimann, De C'oH«ViK, 217. transl.) Nay, 
 to such an extent did they carry this power, that 
 on one occasion they apprehended an individual 
 (Antiphon) who had been acquitted by the 
 general assembly, and again brought him to a 
 trial, which ended in his condemnation and death. 
 (Demosth. Dc Cur. "27 1, 272 ; Dinarch. c. Dcmosth. 
 p. 98.) Ag'.iin, we find them revoking an ap- 
 pointment whereby Aesehines was made the advo- 
 cate of Athens before the Amphictionic council, 
 and substituting Ilyperides in his room. In these 
 two cases also, they were most probably supported 
 by public opinion, or by a strong party in the 
 state. (Demosth. Id.) 
 
 They also had duties connected with religion, 
 one of which was to superintend the sacred olives 
 growing abo\it Athens, and try those who were 
 charged with destro\-ing them. (Lysias, Ilepl 
 27)K0u. 109—111.) "We read, too, that in the 
 discharge of their duty as religious censors, they 
 on one occasion examined whether the wife of the 
 kingarchon was, as required by law, an Athenian ; 
 and hnding she was not, imposed a fine upon her 
 husband. (Demosth. Ncaer. 1373.) We learn 
 from the same passage, that it was their office 
 generally to punish the impious and irreligious. 
 Again we are told, though rather in a rhetorical 
 way, that they relieved the needy from the re- 
 sources of the rich, controlled the studies and edu- 
 cation of the young, and interfered with and 
 punished public characters as such. (Isocr. Arcioj). 
 p. 151.) 
 
 Independent, then, of its jurisdiction as a crimi- 
 nal court in cases of wilful murder, which Solon 
 continued to the Areiopagus, its influence must 
 have been sufficiently great to have been a con- 
 siderable obstacle to the aggrandisement of the 
 democracy at the expense of the other parties in 
 the state. In fact, Plutarch {Solon, I'ciir.) ex- 
 pressly states that Solon had this object in view 
 in its reconstruction ; and accordingly, we find 
 that Pericles, who never was an archon or Arcio- 
 pagite, and who was opposed to the aristocracy for 
 man}' reasons, resolved to diminish its power and 
 circumscribe its sphere of action. His coadjutor 
 in this work was Ephialtes, a statesman of in- 
 flexible integrity, and also a military connnander. 
 (Pint. Cim. I'cric.) They experienced much oj)- 
 position in their attempts, not only in the assem- 
 bly, but also on the stage, where Aeschylus j)roduced 
 his tragedy of the Eumenides, the object of which 
 was to impress upon the Atlienians the dignity, the 
 I sacredness, and constitutional worth of the institu- 
 tion which Pericles and Ephialtes wished to re- 
 fonn. He reminds the Athenians that it was a 
 tribunal instituted by their patron goddess Athena, 
 and puts into her mouth a popular harangue full 
 of warnings against innovations, and admonishing 
 them to leave the Areiopagus in possession of its 
 old and well-grounded rights, that under its watch- 
 ful guardianship they might sleep in security. 
 (MiiUer, Eum. 35.) Still the opposition failed : a 
 decree was carried by which, as Aristotle says, the 
 Areiopagnis was " mutilated," and many of its 
 hereditary rights abolished. (Arist. Pol. ii. 9 ; 
 Cic. De Nat Dmr. ii. c. 29 ; Dc Hep. i. 27.) 
 Cicero, who in one place speaks of the council as 
 governing Athens, observes in another that from 
 that time all authoritj' was vested in the ecclesia, 
 and the state robbed of its oniament and honour. 
 Plutarch (Cimon.) tells ns that the people deprived 
 the Areiopagus of nearly all its judicial authority 
 (to? /cpiVfis irKrlv oXiyuiu txirairas), establishing 
 an unmixed- democracy, and making themselves 
 supreme in the courts of justice, as if there had 
 formerly been a superior tribunal. But we infer 
 from another passage, that the council lost con- 
 siderable authority in matters of state ; for we 
 learn that Athens then entered upon a career of 
 conquest and aggrandisement to which she had 
 previousl}' been a stranger ; that, " like a rampant 
 horse, she would not obey the reins, but snapped 
 at Euboea, and leaped upon the neighbouring 
 islands." These accounts in themselves, and as 
 compared with others, are sufficiently vague and 
 inconsistent to perplex and embarrass ; accord- 
 ingly, there has been much discussion as to the 
 precise nature of the alterations which Pericles 
 effected ; some, amongst whom we may mention 
 M'liller {Eum. 371), are of opinion that he de- 
 prived the Areiopagus of their old jurisdiction in 
 cases of wilful murder, and one of his chief argu- 
 ments is that it was evidently the design of 
 Aeschj'lus to support them in this prerogative, 
 which therefore must have been assailed. For a 
 sufficient answer to this, we would refer our 
 readers to Mr. Thirlwairs remarks (//«/. <if(lrctxe, 
 vol. iii. p. 24), merely stating in addition, tiiat 
 Demosthenes (c. Arist. p. 641)* expressly affirms, 
 
 * For an able vindication of this statement of 
 Demosthenes, the reader is referred to Hermann, 
 Opusc. vol. iv. p. 299. 
 
80 AREIOPAGUS. 
 
 that neither tyrant nor democracy had ever dared 
 to take away from them this jurisdiction. In addi- 
 tion to whieli it may be remarked, that the con- 
 sequences ascribed to the innovation, do not seem 
 to us to indicate that the Areiopagrus lost its 
 authority as a criminal tribunal, but rather that it 
 was shorn of its power as superintending the 
 morals and conduct of the citizens, both in civil 
 and religious matters, and as exercising some con- 
 trol over their decisions. Now an authority of 
 the former kind seems far removed from any 
 political influence, and the popular belief as to its 
 origin would have made it a dangerous object of 
 attiick, to say nothing of the general satisfaction 
 the verdicts had always given. We may observe, 
 too, that one of the chief features of a democracy 
 is to make all the officers of the state responsible ; 
 and that it is not improbable that one of the 
 changes introduced by Kphialtes was, to make the 
 Arciopagiis, like other functionaries, accountable 
 to the demus for their administration, as, indeed, 
 we know thej' afterwards were. ( Aesch. c. Ctes. p. 
 56 ; Biickh, vol. i. p. 353. transl.) This simple rcgu- 
 ktion would evidently have made them subservient, 
 as they seein to have been, to public opinion ; 
 whereas no such subserviency is recorded in 
 criminal matters, their tribunal, on the contrary, 
 being always spoken of as most just and holy ; so 
 much so, that Demosthenes saj-s {Arisf. p. G41, 
 642) that not even tlie condemned whispered an 
 insinuation against the righteousness of their 
 verdicts. Indeed, the proceedings before the 
 Areiopagus, in cases of murder, were by their 
 solemnity and fairness well calculated to insure 
 just decisions. The process was as follows: — The 
 king archon (Pollux, viii. Q. 90) brought the case 
 into court, and sat as one of the judges, who were 
 assembled in the open air, probably to guard against 
 any contamination from the criminal. (Antiphon, 
 De Ciu'.de Herod, p. 130. 31); Uemosth. c. Arist. 
 I. c. ; Pollux', viii. 33.) The accuser, who was 
 said CIS "Apeiov irayop ^■nKTKTrwT^w, first came for- 
 ward to make a solemn oath (Siw^ocTia) that his 
 accusation was true, standing over the slaughtered 
 victims, and imprecating extirpation upon himself 
 and his whole family were it not so. The accused 
 then denied the charge with the same solemnity 
 and fonn of oath. Each party then stated his case 
 with all possible plainness, keeping strictly to the 
 subject, and not being allowed to appeal in any 
 way to the feelings or jiassions of the judges 
 (vpooijxiai^eadai ovK il^rji' ovSe oiKTi^ecrdai. 
 Aris. /(■/«■/. i. 1 ; Pollux, viii. 117.) After , 
 the first speech (jU€TO tov TrpOT^pou Aoyoy), a 
 criminal accused of murder might remove from 
 Athens, and thus avoid the capital punishment 
 fixed by Draco's @eafj.o'i, which on this point were 
 still in force. Except in cases of parricide, neither : 
 the accuser nor the court had power to prevent 
 this ; but the pai-ty who thus evaded the extreme i 
 punishment was not allowed to return home . 
 (^4)€vyei d€i<pvy'iai'), and when any decree was 
 passed at Athens to legalise the return of exiles, 
 an exception was always made against those who i 
 had thus left their country (oi €| 'Aptiov irdyov i 
 <pevyovTes). See Plato, iiY/cs, ix. 1 1. i 
 The reputation of the Areiopagus as a criminal i 
 court was of long continuance, as we may leara i 
 from an anecdote of Aulus Gellius, who tells us 
 (xii. 7) that C. Dolabella, proconsul of the Ro- 
 man province of Asia, referred a case which per- : 
 
 ARETALOGI. 
 
 I plexed himself and his council to the Areiopagus 
 ■ {/li lul Judices t/ruviores edvrcifaHoivs'/iie) ; they 
 ingeniously settled the matter by ordering thei 
 parties to appear that day 100 j^ears (ceniesimo 
 ; (111710 adcssf). They existed in name, indeed, till 
 ; a very late period. Thus we find Cicero mentions 
 the council in his letters {Ad Fam. xiii. I ; Ad 
 Att. V. 11); and under the emperors Oratian and 
 Theodosius (a. d. 31i0), 'Vovipios ^iitrTos is called 
 proconsul of Greece, and an Areiopagite. (Meur- 
 sius,^rce/jp.) 
 
 Of the respectability and moral worth of the 
 council, and the resjiect that was paid to it, we 
 have abundant proof in the writings of the orators, 
 where, indeed, it would be difficult to find it men- 
 tioned except in temis of praise. Thus Lysias 
 speaks of it as most righteous and venerable (c. 
 Avdoc. 104 ; compare Aesch. c. Timar. ]"2; 
 Isocr. Arciop. I4fJ; Athen. iv. 167); and so great 
 was the respect paid to its members, that it was 
 considered rude in the demus laugliing in their 
 presence, while one of them was making an address 
 to the assembly on a subject they had been deput- 
 ed to investigate. This respect might, of course, 
 facilitate the resumption of some of their lost 
 power, more especially as they were sometimes 
 intrasted with inquiries on behalf of the state, as 
 on the occasion to which we have just alluded, 
 when they were made a sort of commissioners, to 
 inquire into the state of the buildings about the 
 Pnyx, and decide upon the adoption or rejection 
 of some proposed alterations. Isocratcs, indeed, 
 even in his time, when the previous inquiry or 
 SoKifiairia had fallen into disuse, speaks well of 
 their moral influence ; but shortly after the age of 
 Demetrius Phalereus, a change had taken place ; 
 they had lost much of their respectability, and 
 were but ill fitted to enforce a conduct in others 
 which they did not observe themselves. 
 
 The case of St. Paul is generally quoted as an 
 instance of their authority in religious matters ; 
 but the words of the sacred historian do not neces- 
 .sarily imply that he was brought before the 
 council. It may, however, be remarked, that they 
 certainly took cognisance of the introduction of 
 new and unauthorized forms of religious worship, 
 called iiridera Upa, in contradistinction to the 
 Ttdrpia or older rites of the state. (Harp. "EirWeroi 
 'Eoprai : Schiimann, De Coiiii/iis,'2tii). transl.) There 
 was also a tradition that Plato was deterred from 
 mentioning the name of Moses as a teacher of tlie 
 unity of the Godhead, by his fear of the Areiopa- 
 gus. (Justin Martyr. Cohoi: <i<t Graee. p. 22.) 
 
 With respect to the number of the Areiopagus 
 in its original form, a point of no gre;jt moment, 
 there are various accounts ; but it is plain that 
 there could have been no fixed number when the 
 archons became members of this body at the ex- 
 piration of their year of office. Lysias, indeed, 
 speaks of them (Hcpl toC Stj/coO, p. 110. 11 ; see 
 Arf/um. Orat. c. Androi.) as fonniug a part of the 
 Areiopagus even during that time ; a statement 
 which can only be reconciled with the general 
 opinion on the subject, by supposing that they 
 formed a part of the council during their year 
 of office, but were not permanent members till the 
 end of that time, and after passing a satisfactory 
 examination. [R. W — N.] 
 
 ARE'NA. [Amphitheatruim.] 
 ARETAL'OGI were persons whose occupation 
 appears to have been to amuse the company at the 
 
ARGENTARII. 
 
 ARGENTUM. 
 
 81 
 
 Roman dinner-tables. (Suet. Octav. c. 74.) They 
 seem to have been looked upon with some con- 
 tempt, as Juvenal speaks of the iiiciidu.i- ardalo- 
 i/iis. (Sat. XV. 15, !().) Casaubon thiuks that they 
 wcn> poor philosophers, of the C'ynic and Stoic 
 schools, who, being unable to procure followers, 
 delivered their discourses on virtue and vice at the 
 dinners of the rich, and that they were the same 
 as those whom Seneca {Up- -H) c;dls circuUiturcs 
 philosophns. (Casaub. on ^iict. Octai: c. 74.) 
 Rizperti says that they were persons who boasted 
 of their own valour {dperri), like the Miles 
 gloriosus of Plautus. (Ruperti on Juv. xv. 16.) 
 Tuniebus tiikes the word to mean " sayers of 
 pleasant things;" from aperos, pleasant. (Adver- 
 saria, X. 1-2.) [P. S.] 
 
 ARGEI. We leani from Livy (i. -22) that 
 Numa consecrated places for the celebration of 
 religious services, which were called by the ponti- 
 fices "argei." Varro calls them the chapels of the 
 argei, and says they were twenty-seven in 
 number, distributed in the difterent districts of the 
 city. 'W'e know but little of the ])articular uses 
 to which they were applied, and that little is un- 
 importinit. Thus we are told that they were 
 solemnly visited on the Liberalia, or festival of 
 Bacchus ; and also, that whenever the flamen 
 dialis went {irit) to them, he was to adhere to 
 certain obseriances. They seem also to have been 
 the depositaries of topographical records. Thus 
 we read in Varro, — In xacreis Animruin scriptiim 
 est sic: 0}>]>iiis mons princfpn, &c., which is follow- 
 ed by a description of the neighbourhood. There 
 was a tradition that these argei were named from 
 the chieftains who came with Hercules, the Argive, 
 to Rome, and occupied the Capitoline, or as it was 
 anciently called, Saturnian hill. It is impossible to 
 say what is the historical value or meaning of this 
 legend ; we may, however, notice its confonnity 
 ■with the statement that Rome was founded by 
 tlie Pelasgians, with whom the name of Argos 
 was connected. (Varro, De Lin<i. Lai. iv. ; 
 Ovid. Fust. iii. 7.<)1 ; Aul. Gell. x. 15; Niebuhr, j 
 Rom. Hht. i. p. 21 4. transl.) 
 
 The name argei was also given to certain figures 
 thrown into the Tiber from tlie Sublician bridge, 
 on the Ides of May in every year. This was 
 done by the pontificcs, the vestids, the praetors, 
 and other citizens, after the performance of the 
 customary sacriKces. The images were thirty in 
 number, made of bulrushes, and in the form of 
 men (fySuAo aj/5p€i'fC6Ao). Ovid makes various I 
 suppositions to account for the origin of this rite ; | 
 we can only conjecture that it was a symbolical 
 offering to propitiate the gods, and that the num- 
 ber was a representative either of the thirty patri- [ 
 cian curiae at Rome, or perhaps of the thirt}' Latin i 
 townships. (Varro, De LiiHj. Lnt. vi.; Ovid, 
 Fast. V. 621 ; Dionys. Halicar.'i. 19. 38 ; Plutarch, 
 Quaes. Rom. p. 102. Reiske ; Arnold, Rom. Hist. 
 vol. i. p. 67 ; Bunsen and Plainer, Brsdireibimr) 
 Rums. vol. i. p. 688— 702.) [R, W— N.] 
 
 ARGENT A'RII, bankers or money-changers at 
 Rome. The public bankers, or mcnsurii, are to be 
 distinguished from the arr/entarii. J he highest 
 class of mensarii, the mensurii ijiiii><//ienri or iriinn- 
 vin, were a sort of extraordinary magistrates, the 
 office being generally filled by persons of high 
 rank ; their business was to regulate the debts of 
 the citizens, and to provide and distribute specie 
 on emergencies. (Liv. .\xiii. 21. Propter penariam 
 
 argenti triumviri mensarii facti; see also Budaeus 
 De Assc, v. p. 173; Salmasius, De Mudo Usiir. 
 p. 50!).) There were other mensarii, who stood 
 lower than these, and whose office approximated to 
 that of the argentarii ; and still lower stood the 
 mimmu/arii, though these were also public function- 
 aries. The argentarii, on the contrary, weie pri- 
 vate bankers, who did all kinds of broking, com- 
 mission, and agency business for tiieir customers. 
 They are called art/entarii; argenteae inensae 
 exercitores ; argenti distractures ; nrjotiatores stipis 
 argentariae. (Orelli, Inscr. n. 4060.) Their pri- 
 vate character is clear from what Ulpian says 
 (Dig. 18. tit. I. s. 32) : — Tuljernae (i. e. argentariae) 
 puhlii'ae sunt, (juarum asui ad privatos jiertitiet. 
 Almost all money transactions were carried on 
 through their intervention, and they kept the ac- 
 count-books of their customers. Hence, all tenns 
 respecting the relation between debtor and creditor 
 were borrowed from banking business : thus, rati- 
 onem accvpti scrilx-re (" to put down on the debtor's 
 side in the banker'.s book") means "■ to borrow 
 money ; " rescri/jere, " to pay it back again 
 7ujmen (an item in the account) is " a debt," or 
 even " a debtor," as when Cicero says (ctd Fam. 
 V. 6), — Ego nieis relms gesth hoc sum assecutus ut 
 bonum nometi emstitner. (See Bentley's note on 
 Horace Episf. n. i. 105.) On these books of 
 account, which have given rise to the modem 
 Italian system of book-keeping by double entry, 
 see Plin. //. IV. ii. 7. 
 
 The functions of the argentarii, besides their 
 original occupation of monej'-changing (jpermatatio 
 argenti), were as follows : — 1. Attending public 
 sales as agents for purchasers, in wliich case they 
 were called interpretes. (Plautus, Curcul. iii. 1. 
 63 fol.) 2. Assaying and proving raonej- {^jiroba- 
 tio nummorum). .3. Receiving deposits, or keeping 
 a bank in the modem sense of the word. If the 
 deposit was not to bear interest, it was called 
 depositum, or vacua peeunki (Plautus, Curcul. ii. 
 3. 66 — 69 ; iii. 66 ; iv. 3. 3) ; if it was to bear 
 interest, it was called creditum (Suet. Octav. 39). 
 The argentarii were said not only recipere, but also 
 constitnere, so that an action constitutae pecuniae 
 would lie against them. (See Salmasius, De Modo 
 Usur. p. 722.) 
 
 The shops of the bankers were in the cloisters 
 round the forum : hence, money borrowed from a 
 banker is called acs circumforaiieum ; and the 
 phrases foro cedere, or abire, foro nu-n/i, &c., mean 
 " to become bankrupt." The argentarii at Rome 
 were divided into corporations (soc« /«/c,<), and forai- 
 ed a collegium like the mensarii and numniularii. The 
 argentarius was necessarily a freeman. [J. VV. D.] 
 
 ARGENTUM (dpyvpos), silver. According 
 to Herodotus (i. 94), the Lydians were the first 
 people who put a stamp upon silver ; but accord- 
 ing to the testimony of most ancient writers, 
 silver money was first coined at Aegina, by order 
 of Pheidon, about B. c. 869. (Ephorus apud Strain), 
 viii. p. 376 ; Ael. Var. Hist. xii. 10 ; Pollux, 
 Onom. i.x. 83.) The silver coins of Greece may be 
 divided into three kinds, which differ in appear- 
 ance according to the age in which they were 
 struck. The most ancient are very thick, and of 
 rude workmansliip ; those of Aegina usuallj- bear 
 on the upper side the figure of a turtle or a tor- 
 toise, and on the under an indented mark, as if 
 the coin at the time of striking the metal had been 
 placed upon a punclieon, and liad received a mark 
 
82 
 
 ARGENTUM. 
 
 'APIA'ANEIA. 
 
 from the weight of the blow. The second kind, 
 wliich appear to belong to the age of Pericles and 
 Xenophon, are also of a thick form, but not so 
 clumsy in appearance. The third, which belong to 
 a later period, are broad and thin. The Greek 
 coins, and especially the Athenian, are usually of 
 very fine silver. Some writers have supposed that 
 they are quite free from baser metal ; but the ex- 
 periments whicli have been made show that the 
 finest possess a small quantity of alloy. Mr. Hus- 
 sey found upon trial (Ancient Weights and Mojuiy, 
 p. 45), that the most ancient Athenian coins con- 
 tained about -^-g of the weight alloy, the second 
 kind about and the more modem about ; 
 the last of which is nearly the same alloy as in 
 our own silver coin. 
 
 It was the boast of the Athenians that their 
 coinage was finer than all other money in Greece, 
 and Xenophon says that they exchanged it with 
 profit in any market (Aristoph. Ran. 732; Xen. 
 Vect. iii. 2) ; but this remark should probably be 
 limited to the coinage of his own time. 
 
 It has been already remarked under Aes, that 
 silver was originally the universal currency in 
 Greece, and that copper appears to have been sel- 
 dom coined till after the time of Alexander the 
 Great. Mr. Knight, however, maintains (Prot. 
 Horn.) that gold was coined first because it was 
 the more readily found, and the more easily 
 worked ; but there are sufficient reasons for be- 
 lieving that, even as late as the commencement of 
 the Peloponnesian war, the Athenians had no gold 
 currency. [Aurum.] It may be remarked here 
 that all the words connected with money are de- 
 rived from apyvpos, ' and not from XP"'^"^-: fs 
 Karapyvpoo}, " to bribe with money dpyvpci- 
 /j.ot€6s, " a money-changer," &c. ; and apyvpos is 
 itself not unfrequently used to signify money in 
 general (Soph. Antii/. 29,5), as aes is in Latin. 
 
 Silver was not coined at Rome till B. c. 26' 9, 
 five years before the first Punic war (Plin. xxxiii. 
 13); but the Roman coinage of silver never ap- 
 pears to have been so free from baser metal as the 
 best Athenian coinage. Under the Emperor Gal- 
 lienus, the coinage was so much debased that it 
 contained ^ silver and ^ alloy. In the time of the 
 republic the impression on silver coins was usually, 
 on the obverse, the head of Rome with a helmet, 
 the Dioscuri, or the head of Jupiter ; and on the 
 reverse, carriages drawn by two or four animals 
 (bii/ae, qnadfif/ae), whence thej' were called respec- 
 tively lirjati and ijuudriijati, sc. numrni. [Bl- 
 GATUs.] The principal sUver coins among the 
 Greeks and Romans were respectively the drachma 
 and denarius. [Drachma, Denarius.] 
 
 The Athenians obtained their silverfrom the silver 
 mines at Laurion, which were generally regarded as 
 the chief source of the wealth of Athens. We learn 
 from Xenophon {Vvetig. iv. 2), that these mines 
 had been worked in remote antiquity ; and Xeno- 
 phon speaks of them as if he considered them inex- 
 haustible. In the time of Demosthenes, however, 
 the profit arising from them had greatly dimi- 
 nished ; and in the second century of the Christian 
 aera they were no longer worked. (Paus. i. I. § 
 I ; Bockh, On the Silver Mines nf Laurion, in the 
 second volume of the translation of the Public 
 Econoini/ of Athens.) The ore from which the sil- 
 ver was obtained was called silver earth (apyupiris 
 yrj, or simply apyvplrts, Xen. Vectig. i. 5 ; iv. 2). | 
 The same term {terra) was also applied to the ore i 
 
 by the Romans, who obtained most of their silver 
 from Spain. (Plin. xxxiii. 31.) 
 
 The relative value of gold and silver diftered 
 considerably at dift'erent periods in Greek and 
 Roman history. Herodotus mentions it (iii. 95) 
 as I to 13 ;, Plato {Hipp. c. 6. p. 231), as 1 to 
 12 ; Menander (apud Pollux, ix. 7()), as 1 to 10 ; 
 and Livy (xxxviii. 1 1 ), as 1 to 10, about B. c. 1 89. 
 According to Suetonius {Jul. Cues. c. 54), Julius 
 Caesar, on one occasion, exchanged gold for silver 
 in the proportion of 1 to 9 ; but the most usual 
 proportion under the early Roman emperors was 
 about 1 to 12 ; and from Constantine to Justinian 
 about 1 to 14, or 1 to 15. (Wunn De Ponder., &c. 
 p. 40, 41.) 
 
 'APn'AS rPA*H', an action to which any 
 Athenian citizen was liable, according to the old 
 law, if he could not bring evidence that he had some 
 lawful calling. The law was introduced by Draco, 
 who made the penalty of conviction death ; Solon 
 re-enacted the law, substituting, however, for the 
 capitixl punishment a fine of 100 drachmae for the 
 first conviction, and a loss of civic rights (ari/ii'a) 
 if the same person was convicted three times of in- 
 dolence. (Lys. c. Nic. dpylas : Apud Diog. Laert. 
 in Solone ; Harpocrat. «. i: KijttoI e.t rti^To/ios : 
 Valer. Max. ii. 6. 3.) According to Jul. Pollux 
 (viii. 6. § 42), Draco did not impose a severer 
 punishment than drijuia, and Solon did not punish 
 it at all till the third offence. (See Tavlor, Lect. 
 Lysiac. p. 707. 708.) [J. W. D.] 
 
 • 'APFTPI'OT AI'KH was a civil suit of the class 
 ■Kp6s riva, and within the jurisdiction of the thes- 
 mothetae, to compel the defendant to pay moneys 
 in his possession, or for which he was liable, 
 to the plaintitt'. This action is casually alluded to 
 in two speeches of Demosthenes {in Boent. 1 002 ; 
 in Oli/mpiiodor. 1179), and is treated of at large in 
 the speech against Callippus. [J. S. M.] 
 
 'APPTPOkonErON, the place where money 
 was coined, the mint. That at Athens appears to 
 have been in or adjoining to the chapel (Tjp^oi/) of 
 a hero named Stephanephorus. In it were kept 
 the standard weights for the coins. (Pollux, vii. 
 103 ; Bockh, Pub. Econ. of Athens, vol. i. p. 194. 
 transl.) [P. S.] 
 
 ARGYRAS'PIDES (dp7upa<r7riS€s), a division 
 of the Macedonian army, who were so called be- 
 cause they carried shields covered with silver 
 plates. They were held in high honour by Alex- 
 ander the Great, after whose death they went 
 over to Antigonus. (Justin, xii. 7; Curtius, iv. 
 13; Plutarch. 13, &c.) Livy mentions 
 them as the royal cohort in the army of Antigonus. 
 (Liv. xxxvii. 40.) The Emperor Alexander 
 Severus had in his army a body of men who 
 were called argyroaspides. (Lamprid. Alex. Sev. 
 50.) [P. S.] 
 
 'APIA'ANEIA, festivals solemnized in the island 
 of Naxos in honour of Ariadne, who, according to 
 one tradition, had died here a natural death, 
 and was honoured with sacrifices, accompanied by 
 rejoicings and merriment. (Plut. TJies. 20.) Ano- 
 ther festival of the same name was celebrated in 
 honour of Ariadne in Cyprus, which was said to 
 have been instituted by Theseus in commemora- 
 tion of her death in the month of Gorpiaeus. The 
 Amathusians called the grove in which the grave 
 of Ariadne was shown, that of Aphrodite- Ariadne. 
 This is the account given by Plutarch ( Thes. 20) 
 from Paeon, an Araatiiusian writer. [L. S.] 
 
ARIES 
 
 ARMA. 
 
 83 
 
 AR'IES (Kpioj), the battiTinn;-ram, was used to 
 shake, poiforate, and Ijattcr down tlif walls of be- 
 sieged cities. It consisted of a lar^e beam, made 
 of the tnmk of a tree, especially of a fir or an ash. 
 To one end was fastened a mass of bronze or iron 
 (kc</)oAij, e^ugoArf, irporofiii, Josephus, Suidas), 
 which resembled in its form the head of a ram ; 
 and it is evident that this shape of the extremity 
 of the engine, as well as its name, was given to it 
 on account of the resemblance of its mode of action 
 to that of a ram butting with its forehead. The upper 
 figiu'e in the annexed woodcut is taken from the bas- 
 reliefs on the column of Trajan at Rome. It shows 
 the aries in its simplest state, and as it was borne 
 and impelled by human hands, without other 
 assistance. Even when the art of war was much 
 advanced, the ram must have been frequently used 
 in this manner, both whenever time was wanting 
 for more complicated arrangements, and wherever 
 the inequality of the ground rendered such arrange 
 ments impracticable. This sculpture shows the 
 ram directed against the angle of a wall, which 
 must have been more vulnerable than any other 
 part. ['■^ Anyularem turrim ictus foravit arietis 
 violentior." Amm. Marcell. xxiv. 2.) 
 
 In an improved form, the ram was surrounded 
 with iron bands, to wliich rings were attached for 
 the purpose of suspending it by ropes or chains 
 from a beam fixed transversely over it. See 
 the lower figure in the woodcut. By this con- 
 trivance the soldiers were relieved from the 
 necessity of supporting the weiglit of the ram, and 
 they could with ease give it a rapid and forcible 
 motion backwards and forwards, so as to put the 
 opposite wall into a state of vibration, and thus to 
 shatter it into fragments. 
 
 The use of this machine was further aided by 
 placing the frame in which it was suspended upon 
 wlieels, and also by constructing over it a wooden 
 roof, so as to form a " testudo" (xcA.wcr) Kptocpopos, 
 Appian, Bell. Mifh.), which protected the besieg- 
 ing party from the defensive assaults of the be- 
 sieged. Josephus informs us that there was no 
 tower so strong, no wall so thick, as to resist the 
 force of this machine, if its blows were continued 
 long enough. (Bell. Juxl. iii.) 
 
 The beam of the aries was often of great length, 
 <■.(!. 80, 100, or even 120 feet. The design of 
 this was both to act across an intervening ditch, 
 and to enable those who worked the machine to 
 
 remain in a position of comparative scciiritj'. A 
 hundred men, or even a greater number, were 
 sometimes employed to strike with the beam. 
 
 The besieged had recourse to various contriv- 
 ances in order to defend tlieir walls and towers 
 from the attacks of the aries. I. They attempted, 
 by throwing burning materials upon it, to set it on 
 fire; and to prevent tliis from being effected, it 
 was covered with sackcloth (StpjJei, Joseph, c. ; 
 ciliciis, Veget. iv. 23), or with hides (^coriis 
 bubulis, Vitruv.), which were sometimes moistened 
 {hmrwctis iaurinis escurik, Amm. Marc. xx. 7). 2. 
 They threw down great stones, so as to break off 
 the iron head of the ram (airo/)pr^|ai TTjf K€(pa\rii' 
 Tov ixrixavriuaTos, Joseph. /. c.) 3. To accom- 
 plish the same purpose, they erected beams turning 
 upon upright posts ( tolknoms) ; from the extremi- 
 ties of these beams they suspended masses of lead, 
 tranks of trees, stones, or parts of columns. They 
 then caused these ponderous bodies to fall repeat- 
 edly vipon the head of the ram, whilst the opposite 
 party attempted to defeat this effort by means 
 similar to those mentioned under the article 
 Antenna, viz. by the use of sickles fixed to the 
 ends of long poles (asserlhus falcaiis, Liv. xxxviii. 
 .5), and employed to cut the ropes by which the 
 stones and other weights were suspended. 4. 
 They caught the head of the ram in a noose 
 (laqueo, Veget. I. c. ; fipSxois, Appian. I. c), and 
 were thus enabled to draw it on one side and 
 avert its blows, or even to overturn it and prevent 
 its action altogether. (Amm. Marc. xx. 11.) .t. 
 They seized the head with a large forceps armed 
 with teeth, and called the wolf (lupus., Veget. /. c), 
 .and they thus baffled the efforts of the besiegers in 
 the same way as by using the noose. G. They 
 filled sacks with chaff, or stuffed them with other 
 soft materials, and suspended them by ropes where- 
 ever the ram was expected to strike, so as to divert 
 its blows and break their force, the besiegers 
 meanwhile employing the sickles, as already men- 
 tioned, to cut the ropes. (Joseph. Veget. Appian. 
 II. ff.) This provision of sickles in addition to the 
 ram belonged to the more complicated engine, 
 called testudo arictaria. 
 
 The larger machines of this class were so con- 
 structed as to be taken to pieces in order to be con- 
 veyed from place to place, and were put together 
 again when required for use. (Amm. Marc, xx.) 
 
 Virgil is certainly chargeable with an anachron- 
 ism, when he speaks of the aries as employed at 
 the sieges of Ilium and of Laurentum. [Aei?. ii. 
 491 ; xii. 706.) Thucydides mentions the use of 
 it by the Peloponnesians at the siege of Plataea 
 (ii. 7'>)' But it first became an important 
 military engine in the hands of the Macedo- 
 nians and Carthaginians. [Falx; Helepolis ; 
 TE.STUDO.] [J. Y.] 
 
 ARMA, ARMATU'RA (evTeo, revxea, Horn. 
 oTrAa), amis, armour. 
 
 There can be no doubt that in the earliest times 
 the Greeks as well as other nations used stones 
 and clubs for their weapons, and that they wore 
 the skins of the wild beasts which they had slain, 
 at once as proofs of their strength and prowess, 
 and as a protection to their bodies. Hence 
 Hercules was commonly represented clad in the 
 spoils of the Nemean lion, as well as carrj-ing a 
 club. (See Theocr. xxv. 279.) The use of the 
 goat-skin for a similar purpose has been noticed 
 under the article Aegis. Theocritus, in the fol- 
 
 o 2 
 
84 
 
 ARMA. 
 
 lowing lines, describes the savage wrestler Amycus 
 as wearing the skin of a lion, which was fastened 
 over his breast by two of the paws, and depended 
 from thence over his back ; — 
 AvTctp vTTfp vuiToio Koi avx^vos riuipfiTO 
 "Ajcpxv iipfm KiovTos a.(prifijxivov eK TroSewvuv. 
 
 Id. xxii. .5'2. 
 This mode of wearing the lion's skin is displayed 
 in two small bronzes of very high antiquity, which 
 have been published by Micali (Itaiiu arunti il Do- 
 miiiio dci Romani,i)\. xiv. fig. 3. and pi. xvi. 1. fig. 
 7), and which are copied in the annexed woodcut. 
 
 ARMA. 
 
 ca.ww ffaleu') ; Sixthly and lastly, he took his 
 spear (ei'xos, S({pu, liaslo), or, in many cases, two 
 spears (Sovpe Svoi). Virgil represents the outfit of 
 a warrior as consisting of the same six portions, 
 when he describes the armour made by Vulcan for 
 Aeneas, and brought to him by his mother. {Ae7i. 
 viii. 615 — 62.5.) The fonn and use of these por- 
 tions are described in separate articles under their 
 Latin names. The annexed woodcut exhibits 
 them all in the form of a Greek warrior attired 
 for battle, as shown in Hope's Costume of tJte 
 Attcierits (i. 70). 
 
 In the Homeric battles, we have some traces of 
 the use of hides for defensive armour, as in II. iii. 
 1 7, where Paris appears lightly armed with a bow 
 and leopard's skin upon his shoulders. In the 
 Argonautic expedition, Ancaeus, the Arcadian, 
 always wore for the same purpose the shaggy hide 
 of a bear, and Argus that of a black bull. ( Orph. 
 AryoT,. 199 ; ApoU. Rhod. i. 324 ; Schol. «</ loc.) 
 Even as late as the Messenian war, the moun- 
 taineers of Arcadia, serving under Aristoderaus as 
 light-armed soldiers, wore the skins both of sheep 
 and goats, and also of bears, wolves, and othef 
 wild beasts. (Paus. iv. 11. §1.) 
 
 Nevertheless, the armour both of the Greek and 
 Trojan armies, as represented by Homer, was com- 
 plete and elaborate. In various passages he de- 
 scribes the entire .suit of armour of some of his 
 .greatest warriors, viz. of Achilles, Patroclus, 
 Agamemnon, Menelaus, and Paris (//. iii. 328 — 
 339 ; iv. 132—138 ; xi. 15—45 ; xvi. 130-142 ; 
 xix. 364 — 391); and we observe that it consisted 
 of the same portions which were used by the Greek 
 soldiers ever after. Moreover, the order of putting 
 them on is always the same. The heavy-armed 
 warrior, having already a tunic around his 
 body, and preparing for combat, puts on,- — 
 First, his greaves [KvrifuSfs, ocreac) ; Second- 
 ly, his cuirass {Si<Lpaf^, lonca), to which be- 
 longed the fXiTpri underneath, and the zone {^dfTi, 
 fwiTT^p, cinyulum) aljovc ; Thirdly, his sword 
 (|i'<fos, e««V, (//ailiiis), hung on the left side of his 
 body by means of a belt which passed over the 
 right slioulder ; Fourthly, the large round shield 
 (auKos, aairis, cliprus, sculum), supported in the 
 same manner ; Fifthly, his helmet (K6pvs, Kweri, 
 
 I 
 
 Those who were defended in the manner which 
 has now been represented, are called by Homer 
 dirirHTTai', from their great shield (ao-jrJs) ; also 
 dyxf/uax"'; because they fought hand to hand 
 with their adversaries ; but much more commonly 
 ■wpSfxaxoi, because they occupied the front of the 
 army : and it is to be observed that these terms, 
 especially the last, were honourable titles, the ex- 
 pense of a complete suit of armour {Tro.voir\li], 
 Herod, i. 60) being of itself sufficient to prove the 
 wealth and rank of the wearer, while his place on 
 the field was no less indicative of strength and 
 bravery. 
 
 In later times, the heavy-armed soldiers were 
 called OTrAiVai, because the term ottAo more especi- 
 ally- denoted the defensive armour, the shield and 
 thorax. By wearing these they were distinguish- 
 ed from the light-armed, whom Herodotus (ix. 62, 
 63), for the reason just mentioned, calls avonrXot, 
 and who are also denominated \\/i\ol, and yvfivol, 
 yvjjLvfiTat, or yvfivriTes. Instead of being defend- 
 ed by the shield and thorax, their bodies had a 
 much slighter covering, sometimes consisting of 
 skins, as in the above-mentioned instance of the 
 Arcadians, and sometimes of leather or clotii ; and 
 instead of the sword and lance, they commonly 
 fought with darts, stones, bows and arrows, or 
 
ARMA. 
 
 slings. Though greatly inferior in rank and 
 prowess to the heavy-armed soldiery, it is probable 
 that they often surpassed them in numbers ; and 
 by their agility, by their rapid movements from 
 place to place, and by embracing every opportunity 
 of assailing the enemy, coming towards the front 
 under the protection of the hoavy-armed, and 
 again retreating for safety into the rear, they ren- 
 dered important service to their employers. 
 
 We are justified in using the term " employers," 
 because the light-armed were connnonly attached 
 in a subordinate capacity to individuals of the 
 heavy-armed soldiery. In this manner the helots 
 were compelled to serve in the Spartan army. At 
 the battle of Plataea, each Spartan had an appoint- 
 ment of no less than seven Helots to carry his 
 arms, to protect him in danger, to assist him in 
 conquering his opponent, and also to perform every 
 menial service. (Herod, ix. 10, "28 — 30 ; Manso, 
 Spar/a, i. 1. p. 136, 137.) On the same occasion, 
 as we are informed by Herodotus (/. c), the other 
 divisions of the Greek army had only one light- 
 armed to one heavy-armed soldier. In after times 
 also, the Athenian hoplite had usually one attend- 
 ant, and received as wages for both himself and his 
 servant two drachmae per day. (Thncyd. iii. 17.) 
 
 Besides the heavy and light-armed soldiers, the 
 o'TrAiToi and i|/iA.oi', who in general bore towards 
 one another the intimate relation now explained, 
 another description of men, the veKraaTai, also 
 formed a part of the Greek anny, though we do 
 not hear of thrm in earlj' times. Instead of the 
 large round shield, they carried a smaller one called 
 the ireATT), and in other respects their annour, 
 though heavier and more effective than that of the 
 ^'lA.oi, was much lighter than that of the hoplites. 
 The weapon on which they principally depended 
 was the spear. 
 
 The cities of Enboea agreed to go to battle only 
 as hoplites, discarding the use of light armour, de- 
 pending on the sword and lance, and handling the 
 latter as a pike. (Strab. x. 1. 12, 13.) The 
 Euboeans were probably induced to form this 
 agreement in consequence of the richness of their 
 island in the ores of copjier and iron. On the other 
 hand, those nations which had neither mines nor 
 an}' considerable wealth of other kinds, could 
 scarcel}' send any but light-arraed soldiers, who 
 commonly served as mercenaries. 
 
 The Roman legions consisted, as the Greek in- 
 fantry for the most part did, of heavy and light- 
 armed troops {i/ravis et /rcis uniiiitura). But they 
 were not formed upon the same system of attaching 
 individuals to one another, in the relation of the 
 master or employer and his servant. At all events, 
 this system did not prevail among the Romans to 
 any extent ; and when Virgil, in the Aciicid, 
 mentions the armour-bearer or squire (armi</er), 
 we must understand him to allude to the Grecian 
 or Oriental practice, or to attribute such attend- 
 ance and state to kings and generals only. 
 
 When a legion was drawn up in order of battle, 
 the heavy-armed were posted in front in three 
 divisions, viz. the jiriitcipes, the liastati, and the 
 triarii, and behind them were placed the light- 
 armed in two divisions, called the rorarii, and the 
 accensi, or jiettcs-, the weight and strength of the 
 amis decreasing gradually in these five divisions, 
 untU the rear consisted only of archers, slingers, 
 and other troops, who might leave their place 
 whenever occasion required, and make swift ex- 
 
 ARMA. 
 
 85 
 
 cursions for the purpose of attacking and annoying 
 the enemy. Kspecially in commencing an engage- 
 ment, the light-anned troops advanced to the front, 
 strove to put the enemy to Hight, and, if success- 
 ful, pursued them. If, on the other hand, they 
 were worsted, they retreated again in a body be- 
 hind the heavy troops, on whom, as the main stay 
 of the army, depended the decision of the conflict. 
 If the heavy-armed were victorious, the light-arm- 
 ed again rushed forward to aid in breaking the 
 ranks of the enemy, and the pursuit was left to 
 them and to the cavalry, while the principes, 
 hastati, and triarii, maintained their original posi- 
 tion. (Veget. Dj Re. Mil. ii. 1.5—17.) 
 
 The annexed figure is taken from the arch of 
 Septimius Severus at Rome. On comparing it 
 with that of the Greek hoplite in the last wood- 
 cut, we perceive that, while the national character 
 is displayed by a wide difference in the attitude 
 and expression, the several parts of the armour 
 correspond, excepting only that the Roman soldier 
 wears a dagger (fxaxatpa, pu^/io) on his right side 
 instead of a sword on his left, and instead of 
 greaves upon his legs, has fitnondia and caligae. 
 All the essential parts of the Roman heavy armour 
 {toricu, crisis, clipeiis, t/alea, liasta) are mentioned 
 together in an epigram of Martial (ix. 67); and 
 all except the spear in a well known passage 
 (Ep/i. vi. 14 — 17) of St. Paul, whose enumeration 
 exactly coincides with the figures on the arch of 
 Severus, and who makes mention not of greaves, 
 but of shoes or sandals for the feet. 
 
 The soft or flexible parts of the heavy armour 
 were made of cloth or leather. The metal princi- 
 pally used in their formation was that compound of 
 copper and tin which we call bronze, or more 
 properly bell-metal. ^ [Ae.s.J Hence the names 
 for this metal (xo'ikos, afi)are often used to mean 
 armuur, and the light reflected from the arms of a 
 warrior is called aiiyr} x«^«e''7 by Homer, and lux 
 a'cna by Virgil. (Aeit. ii. 470.) Instead of copper. 
 
86 
 
 ARMILLA. 
 
 ARMILLA. 
 
 iron afterwards came to be very extensively used 
 in the manufacture of arms, although articles made 
 of it are much more rarely discovered, because iron 
 is by exposure to air and moisture exceedingly liable 
 to corrosion and decay. Gold and silver, and tin 
 unmixed with copper, were also used, more especi- 
 ally to enrich and adorn the armour. When the 
 Cyclopes, under the direction of Vulcan, make the 
 suit for Aeneas, as already mentioned, they employ 
 these various metals : — 
 
 " Fluit acs rivis, aurique metallum : 
 
 Vulnificusque chalybs vasta fornace liqucscit." 
 
 It cannot be supposed that the Roman soldiers 
 coidd have acquired their high renown as con- 
 querors without being regularly instructed in the 
 use of arms. Vegetius accordingly, in his first 
 book, devotes several chapters to an account of the 
 exercises devised for tliis purpose. The recruits 
 were provided with shields, spears, and other 
 weapons of unusual size and weight, and in other 
 respects expressly adapted for the discipline of the 
 drill. The masters at arms were called anniduc- 
 tores and campidoclores (oirAoSiSoKTol, oirKoSi- 
 SaiTKaKoi). 
 
 The armoury or arsenal, in which arms of all 
 kinds were kept, was called armainentarium 
 (^oirKoBriKy), 6TTKo(pv\dKiov). (See Liv. vi. ; Juv. 
 xiii. 83.) The marine arsenal at the Piraeus, 
 built by the architect Philo, was the glory of the 
 Athenians. (Strab. ix. 1. IS; Plin. H.N. vii. 
 38; Val. Max. viii. 12 ; Cic. De Oral. i. 14.) 
 
 In rude states of society, when the spirit of 
 violence rendered life and property insecure, both 
 Grecians, and the nations around, whom they called 
 barbarians, constantly carried arms for their de- 
 fence. (Thucyd. i. 6.) In the time of Thucydides 
 (vi. 58) the Athenians had discontinued this prac- 
 tice, because the necessity for being always armed 
 existed no longer ; but they all bore spears and 
 shields in the public processions. [J. Y.] 
 
 ARMA'RIUM, originally a place for keeping 
 arms, afterwards a cupboard, in which were kept 
 not only arms, but also clothes, books, money, 
 ornaments, images, pictures, and other articles of 
 value. The annarium was generally placed in the 
 atrium of the house. (Dig. 3,3. tit. 10. s. 3.; Cic. 
 Pro Cluent. c. 64 ; Petron. Sat. 29 ; Plin. xxix. 
 17.32; XXXV. 2. 2.) The divisions of a libraiy 
 were called armaria. (Vitruv. vii. Praef. ; Vopisc. 
 Tac. 8.) We find armarium disteyum mentioned 
 as a kind of sepulchre in an inscription in Gruter 
 (p. 383. No. 4.) [P. S.] 
 
 ARMAMENTA'RIUM. [Arma, p. 86.] 
 
 ARMILLA (^\/a.Xiov, tfeAioc, or ^'tKKiov, ;^Ai- 
 Saic, a.ij.(piSfd), a bracelet or armlet. 
 
 Among all the nations of antiquity, the Medes 
 and Persians appear to have displayed the greatest 
 taste for ornaments of this class. They wore not 
 only annillae on their wrists and on the arm a 
 little below the shoulder, but also earrings, collars 
 or necklaces, and splendid turljans. These por- 
 tions of their di'css often consisted of strings of 
 valuable pearls, or were enriched with jewels. 
 They were intended to indicate tlie rank, power, 
 and wealth of the wearer, and tiiis use of them has 
 continued tlirough successive generations down to 
 the present day. (Herod, viii. 113; ix. 80; Xen. 
 Aiiab. i. 2. 27; i. 8. 29 ; Ci/rnji. i. 3. 2,3 ; vi. 
 4. 2. H alibi; Chares Mityl. (71. ^/ iii. 14; Diod. 
 Sic. V. 45 ; Corn. Nep. Out. iii. ; Annn. Marc, 
 x.viii. siih. Jin. ; compare Gcii. xxiv. 22. 30. 47 ; 
 
 Ezek. xxiii. 42 ; 2 Sam. i. 10 ; Wilkinson, Customs 
 0/ Aiic. Ei/i/jjt, iii. 374, 375.) 
 
 In Europe, golden annillae were worn by the 
 Gauls both on their arms and on their wrists. (CI. 
 Quadrig. ap. A id. Gcll. ix. 1 3 ; nep! tois ^paxioai 
 Kot Toty Kapwoh jf/iAia, Strabo, iv. 4, 5.) The 
 Sabines also wore ponderous golden armillae on the 
 left arm, about the time of the foundation of Rome 
 (Liv. i. 11 ; Flor. i. 1 ; Val. Max. ix. 6. 1) ; and at 
 the same early period, the Samians wore richly 
 ornamented anulets at the solemn festivals in 
 honour of Juno. (Asii Samii, Carm. a Bachio, 
 p. 146.) 
 
 It does not appear that armiUae were subsequently 
 worn among the Greeks by the male sex. But 
 those ladies who aimed at elegance and fashion, had 
 both armlets (Trepi&pax'oi'ia, Xen. Cijrop. vi. 4. 2 ; 
 Charito, a DorviUe, p. 110) and bracelets {irepi- 
 Kafmia, irepixeipia, aicpoxt'P'aj, of various materi- 
 als, shapes, and styles of ornament. In a comedy 
 of Plautus, formed upon a Greek model {Men, iii. 
 3), armillae are mentioned as parts of female attire, 
 and one kind is distinguished by the name of 
 spinier. This term {crcpiyKr'fip) is manifestly de- 
 rived from (Tcplyyui (to compress), and its applica- 
 tion is explained from the circumstance, that the 
 bracelet so denominated kept its place by com- 
 pressing the arm of the wearer. The armilla was, 
 in fact, either a thin plate of metal, or a wire of 
 considerable thickness ; and, although sometimes a 
 complete ring, it was much more freqtiently made 
 without having its ends joined ; it was then 
 curved, so as to require, when put on, to be slightly 
 expanded by having its ends drawn apart from one 
 another (Isid. Oiig. xix. 30) ; and, according to its 
 length, it went once, twice, or thrice round the 
 ann, or even a greater number of times. When it 
 made several turns, it assumed the form so clearly 
 defined by Homer in the expression -yvaix-KTas 
 (\iKas, " twisted spirals" (//. xviii. 401) ; a form 
 illustrated by numerous armillae of gold and bronze 
 in our collections of antiques, and exhibited very 
 frequently on the Greek painted vases. See the 
 annexed woodcut, from Sir William Hamilton's 
 great work, vol. ii. pi. 35. 
 
ARMILLA. 
 
 ARMY (GREEK). 
 
 87 
 
 These spiral wires were sometimes engraved so as 
 to exhibit the fomi of a serpent, and bracelets of 
 this description were called siki/xs by the Athenian 
 ladies. (Maeris and Hesychins, s. r. ''O^eiy.) 
 
 As in regard to the frontal ["AMIITH], so also in 
 respect of annillao, the Greeks conceived the attire 
 I of a goddess to resemble that of a lady of superior 
 state and beauty. Hence they attributed these deco- 
 rations to Aphrodite (Plutarch, De Fori. Roman.), 
 and traces of a metallic annlct are seen upon the 
 celebrated marble statue of that divinity, preserved 
 at Florence. In the British Blusemn is an inscrip- 
 tion {EU/in Coll. No. 267 ), found among the ruins 
 of the Parthenon at Athens, which makes distinct 
 mention of the afjupii^aX upon both the anns of a 
 golden Victory preserved in that temple. (Bdckh, 
 Siaatsh. ii. p.' 291. 293; Corp. Im. i. p. 235.) 
 
 Among the Romans we most commonly read of 
 armillae as conferred upon soldiers for deeds of ex- 
 traordinary merit. (Festus, s. v. ; hid. Orii/. I. c. ; 
 see the next woodcut.) An instance of this occurs 
 in Livy (x. 44). where, after a victory, one of the 
 consuls bestows golden crowns and bracelets upon 
 two officers, four centurions, and a manipulus of 
 hastati, and gives silver honis and bracelets to others 
 who were either foreigners, or younger and of in- 
 ferior rank. Pliny says (//. iV. xxxiii. 10), that 
 crowns and bracelets of gold were given to citizens, 
 > and not to foreigners. These military' honours are 
 j enumerated' in the inscriptions upon various ancient 
 j monuments raised to the memory of Roman officers 
 and soldiers, stating that the emperor had presented 
 them iorqidlm.i, unnillis, phalcris, &ic. ; and often re- 
 cording the exact number of these several decora- 
 i: tions. (Bartholinus, i>(!.4»7«27/!.v, p. 52. 92. Gruter.) 
 The following form of words used in conferring 
 them is preserved by Valerius Maximus (viii. 14. 
 5) : — Imperator ie an/enteis armillii dmiaf. 
 
 The Roman females wore bracelets partly for 
 use, and partly for ornament. The use of them 
 was to hold amulets. [Ami'LETUM.] Pliny gives 
 a variety of directions respecting the remedies to be 
 effected by inserting particular things in bracelets 
 {armillae, H. N. xxviii. 9. 47 ; brachialia, ib. 23 
 ' and xxxii. 3), and wearing them constantly upon 
 I the arm. On the same principle the Emperor Nero, 
 in compliance with the wishes of his mother, some- 
 1 times wore on his right ann the exuviae of a ser- 
 , pent, inclosed in a golden armilla (Sueton. At';-. 6.) 
 ; As ornaments annillae were worn at Rome 
 chiefly by women of considerable rank. The me- 
 tallic band was, for this purpose, frequently enriched 
 with precious stones, and other beautiful objects. 
 The presents of amber, succina if randia, mentioned 
 by Juvenal (ix. 50), as sent to a lady on her birth- 
 ' day, were probably bracelets set with amber (f/em- 
 mata dcatrocheria ; Schol. a;/ /oe.) In the follow- 
 ing woodcut the first figure represents a gold bra- 
 celet discovered at Rome on the Palatine Mount. 
 (Caylus, Rec. d^Ant. t. v. pi. 93.) The rosette in 
 the middle is composed of distinct and verj- delicate 
 leaves. The two starlike flowers on each side of 
 it have been repeated where the holes for securing 
 them are still visible. The second figure represents 
 a gold bracelet found in Britain, and preserved in 
 the British Museum. It appears to be made of two 
 gold wires twisted together, and the mode of fas- 
 tening it upon the ann, by a clasp, is worthy of ob- 
 servation. It has evidently been a lady's ornament. 
 . Besides objects finely wrought in gold, and the most 
 ; beautiful pearls and jewels, ladies' bracelets were 
 
 also foiTOed to display other exquisite works of art. 
 Biittiger says (ts'«i/«u, ii. 159), "it can scarcel}' 
 be doubted, that the most splendid gems, with 
 figures cut in relief, were designed to be worn in 
 bracelets by the empresses, and other women of 
 high rank in Rome." The same author observes 
 (p. 157), " that the large bracelets, made with three 
 or four coils, were intended as rewards for the sol- 
 diers," and that it would be ridiculous to suppose 
 such massive ornaments to have been designed for 
 women. A specimen of these ponderous and highly 
 valuable armillae, is represented in the third of the 
 annexed figures. Tlie original, of pure gold, is 
 more than twice the length of the figure, and was 
 found in Cheshire. (^Arc/tacoloi/ia, xxvii. 400.) 
 
 If bracelets were worn by a Caligula (Sueton. 
 Cal. 52), it was regarded as a sign of extravagance 
 and effeminacy, being quite opposed to Roman ideas 
 and customs. In general the epithet armillatus 
 denoted a servile or degraded condition. (Sueton, 
 Nero. 30 ; Mart. xi. 22.) 
 
 The terms armilla, and i^tAioc, are used for orna- 
 ments of the same kind as those already explained, 
 which were worn upon the ankles, very commonly by 
 Africans and Asiatics, rarely by Europeans. (Herod, 
 iv. 168.) A dog-collar is also called armilla {armil- 
 latos canes, Propert. iv. 8. 24) ; and an iron ring 
 used by carpenters (Vitruv. x. G). [J. Y.] 
 
 ARMILUS'I RIUM, a Roman festival for the 
 purification of arms. It was celebrated every year 
 on the 14th before the calends of November (Oct. 
 1 9), when the citizens assembled in arms and 
 offered sacrifices in the place called Annilustrum, 
 or Vicus Armilustri, in the 13th region of the city. 
 (Festus, S.V.; Varro, De Ling. Lat. iv. 32 ; v. 3 ; 
 Liv. xxvii. 37 ; P. Vict. De Reyionihus, U. R. ; 
 Inscrip. in Gruter, p. 250.) [P. S.] 
 
 ARMY (GREEK). In the petty states of 
 Greece, down to a period long subsequent to their 
 estiiblishment, a traveller when beyond the walls 
 
8» ARMY (GREEK). 
 
 of a town was in constant danpjer of being surprised 
 by an enemy ; and often the labours of husbandry 
 were carried on by men with anns in their liands 
 (■naaa -yap ij 'E\Acis iaiSrjpo^Spfi, Thucyd. i. 6). 
 This insecurity of liberty and life must have tended 
 powerfully to infuse a martial spirit among the 
 Greeks ; and though they may have borrowed the 
 first principles of war from the nations of the East, 
 it was among them that the organisation of a mili- 
 tary force, and the tactics of the field, were brought 
 nearly to as high a degree of perfection as was con- 
 sistent with the nature of the arms in use before 
 the invention of gunpowder. 
 
 The attack on Thebes, and the war of Troy, are 
 the earliest instances in the Grecian history of mili- 
 tary actions performed on a considerable scale ; and 
 on the latter occasion (probably about B. C. 1184), 
 an anny of 100,000 men is supposed to have been 
 assembled. It would seem that the troops of the 
 different states engaged in this war were, at first, 
 intennixed with each other ; for, in the second 
 book of the Iliad (1. 362), Nestor is represented as 
 advising Agamemnon to divide theanny into several 
 bodies, according to the nations or tribes of which it 
 was composed, and to place each division under its 
 own prince. It is scarcely conceivable, however, 
 that such a distribution did not always subsist when 
 nations combined together for one object ; and, as 
 the ships of the several states appear to have been 
 drawn up separately, probably the mixture of the 
 troops was only an accidental circumstance, arising 
 from the inactivity in which the amiy had, for 
 sometime previously, remained. It may be imagined, 
 therefore, that the advice of Nestor was only in- 
 tended as a regular notice for re-fonning the army 
 preparatory to the inspection, and previously to a 
 return to active service : be that as it may, the 
 practice was afterwards general as well in the East 
 as in the (ireek states of Europe. 
 
 In the fourth book of the Iliad (1.297— 299), the 
 arrangement of the army previously to an engage- 
 ment is distinctly described. A line of war-chariots, 
 in which the chiefs fought, formed the front ; the 
 lieavy-anned foot were in the rear ; and the middle 
 space was occupied by archers, or light-armed men, 
 on whom less reliance could be placed. The war- 
 riors were protected by cuirasses, greaves, and hel- 
 mets, all of bronze ; they carried strong bucklers, 
 and their offensive arms were javelins, or pikes, and 
 swords. The battle began by darts being thrown 
 from the chariots as the latter advanced to break 
 , the ranks of the enemy : the chariots probably then 
 fell into the intervals between the divisions of the 
 troops who fought on foot ; for the latter are said to 
 have moved up ni close order and engaged, shield 
 touching shield, and lance opposed to lance ; while 
 the light-anned troops, now in the rear of all, or 
 behind the chariots, discharged their arrows and 
 stones over the heads of the combatants in front. 
 The precept of Nestor, that the warriors should 
 keep their ranks in action, according to the manner 
 of their ancestors, indicates that a certain degree of 
 regularity had long liefore been observed in the 
 march of annies, or in the colhsions of hostile troops. 
 
 On contemplating the account given by Homer, 
 it must appear evident that the practice of war in 
 his age differed from that which was followed by 
 the Asiatics, Egyptians, and Greeks of a much 
 kiter period, chiefiy in the absence of cavalry ; a 
 circumstance which seems to prove that the art of 
 horsemanship, thougli not wholly unknown, since 
 
 ARMY (GREEK). 
 
 Diomed rides on one of the horses which had 
 been taken from the car of Rhesus (//. x. 513, 
 514), must have been then very imperfect. The 
 dense array in which the Greeks are represented 
 as formed, in the fourth and thirteenth books of 
 the Iliad, corresponds to that of the body of troops 
 subsequently denominated a phalanx ; and these 
 are the first occasions on which great bodies of 
 men are said to have been so drawn up. But, at 
 the same time, it must be remarked, that though 
 the poet seems in some passages to consider the 
 compact arrangement of troops as a matter of great 
 importance, yet the issue of the battle is almost 
 always decided by the personal prowess of indi- 
 vidual chieftains, who axe able to put to flight 
 whole troops of ordinary soldiers. 
 
 From a passage in the last book of the Iliad {L 
 400), it appears that during the heroic ages, as they 
 are called, every family in a state was obliged to fur- 
 nish one man, or more, who were chosen by lot, 
 when a chieftain intended to set out on a military 
 expedition. While absent from home, the troops 
 subsisted by supplies brought up from their own 
 district, or raised in that of the enemy. In the 
 manner last mentioned, and by the plunder ob- 
 tained in piratical excursions to the neighbouring 
 coasts, the Greek army supported itself during the 
 ten years of the Trojan war. 
 
 When, after the return of the Heraclidae, the 
 states of Greece had acquired some stability, the 
 great lawgivers of Sparta and Athens, while form- 
 ing constitutions for their several people, are said 
 to have made regulations for the military service. 
 To the free citizens only was it thought proper to 
 grant the honour of serving their coiuitry in com- 
 plete armour ; and we learn from Herodotus that 
 slaves were made to act as light-anned troops. In 
 the action at Plataea, against Mardonius, the right 
 wing of the Grecian army was composed of 10,000 
 Lacedaemonians, of whom half were Spartans, and 
 each of these was accompanied by seven helots : 
 the remaining 5000, who were furnished by the 
 other towns of Laconia, were each accompanied by 
 one helot (Herod, ix. 28). The employment of 
 slaves in the ancient annies was, however, always 
 considered as a dangerous measure ; and it was 
 apprehended with reason that they might turn 
 against their masters, or desert to the enemy. 
 
 The organisation of the Lacedaemonian army was 
 more perfect than that of any other in Greece. It 
 was based upon a graduated system of sul)ordination 
 which gave to almost every individual a degree of 
 authority, rendering the whole military force a 
 community of commanders (to (TTparoweSav tCiV 
 AaKiSaiiJLOvlwv apx'"'Tes apxiivTuv eiVi, Thucyd. v. 
 ()■(;) ; so that the signal given by the king ran in an 
 instant through the whole army {Heeven, Pol.Atiiuju. 
 § 29). The foundation of this system is attributed 
 to Lycurgus, who is said to have formed the Lace- 
 daemonian forces into six divisions (/uopai). Each 
 ixopa was commanded by a TroAciaapx"?, under whom 
 were four A.oxt«70i', eight TrecTij/coffT^pes, and sixteen 
 tvwiJ.ora.pxoi (Xen. Dr Hep. iMced. xi. 4); conse- 
 quently two ivai/xOTlat fonned a TrevTrjKoartis, two 
 of these a Aoxos, and four \6xoi made a fiSpa, 
 The regular complement of the enomotia appears to 
 have been twenty-four men, besides its captain. 
 The lochus, then, consisted ordinarily of 100 and 
 the mora of 400 men. The front row of the eno- 
 motia appears to have usually consisted of three 
 men, and the ordinary depth of the line, of eight 
 
ARMY (GREEK). H9 
 
 command ; but they were Ijound to keep a horse for 
 the public, and to serve in the cavalry at their own 
 expense. The third class, whose estates were equiva- 
 lent to ■20(( such measures, were obliged to serve in 
 the heavy-armed foot, providing their own arms ; 
 and the people of the fourth class, if unable to pro- 
 vide themselves with complete armour, served either 
 among the light-armed troops or in the navy. The 
 miuisters of religion, and ])ersons who danced in 
 the festival of Dionysus, were exempt from serving 
 in the armies ; the same piivilege was also accord- 
 ed to those who farmed the revenues of the state. 
 There is no doubt that, among the Athenians, the 
 divisions of the army differed from those which, as 
 above stated, had been appointed by the Spartan 
 legislator ; but the nature of the divisions is un- 
 known, and it can only be surmised that they were 
 such as are hinted at in the Cyropaedia. In that 
 work Xeiiophon, who, lieing an Athenian, may be 
 supposed to have in view the military institutions 
 of his own countrj', speaking of the advantages 
 attending the subdivisions of large bodies of men, 
 with respect to the power of re-forming those bodies 
 when they happen to be dispersed, states (ii. 1. 4) 
 that the to|ij consists of 100 men, and the Adxos 
 of twenty-four men (exclusive of their orticer) ; and 
 in another passage he mentions the Se/ccts, or section 
 of ten, and the ireiiirds, or section of five men. The 
 rd^is seems to have been the principal element in 
 the division of troops in the Athenian army, and to 
 have corresponded to the Peloponnesian Ai^xt. 
 The infantry was commanded by ten stratcgi 
 [Strate(;i] and ten taxiarchs, and the cavalry 
 by two hipparchs and ten phylarchs. These offi- 
 cers were chosen annually, and they appear to have 
 appointed the subordinate officers of each ra'^is or 
 Ao'xos. 
 
 The mountainous character of Attica and the 
 service m the time of Agesilaus. Was it that ' Peloponnesus is the reason that cavalry was never 
 amongst the manv innovations introduced into numerous in those countries. Previously to the 
 Sparta, after the triumphant close of the Pelopon- I Persian invasion of (ireece, the number of horse- 
 nesian war, the term lochus was henceforward used | soldiers belonging to the Athenians was but 
 in the sense in which the other Greeks commonly | ninety-six, each of the forty-eight naucrariae 
 
 ARMY (GREEK). 
 
 men. The number of men in each enomotia was, 
 however, not unfrequently increased. Thus at the 
 battle of Mantinea another file was added ; so that 
 the front row consisted of four men, and each eno- 
 nuitia consequently cimtiiined thirty-two men. 
 (Thucyd. v. (i8.) At the battle of Lcuctra, on the 
 contrary, the usual number of files was retained, 
 but the depth of its ranks was increased from eight 
 to twelve men ; so that each enomotia contained 
 thirty-six men. (Xen. HA/cn. vi. 4. §1-2.) In the 
 time of Xenophon the mora api>i'ars to have consist- 
 ed usually of (iOO men. (Xen. iv. .5.S 1 1, l-'-) 
 The numbers seem, however, to have fiuctuated con- 
 siderably, according to the greater or less increase 
 in the number of the enomotia. Ephorus makes 
 the mora to consist of 500 men, and Polybius 
 (quoted by Plutarch, Pe/op. c. 17) of 900. 
 
 At the 'batth^ of Mantinea there were seven lochi, 
 and the strength of the lochus was doubled by be- 
 ing made to consist of four pentecostyes, and eight 
 enomotiae. (Thucyd. v. 68.) Upon this account Dr. 
 Arnold remarks (note on Thucyd. v. 68) — " A 
 (|iiestion here arises why Thucydides makes no 
 mention of the mora, which, according to Xeno- 
 phon, was the largest division of the Lacedaemonian 
 army, and consisted of four lochi ; the whole 
 Spartan people being divided into six morae. The 
 Scholiast on Aristophanes (Li/sLstrat 4.54), says that 
 there were six lochi in Sparta, others say five, 
 and Thucydides here speaks of seven ; but I tliink 
 he means to include the Brasidian soldiers and the 
 neodaraodes ; and supposing them to have formed 
 together one lochus, the number of the regular 
 Lacedaemonian lochi would thus be si.r. These 
 lochi, containing each 512 men, are thus much 
 larger than the regular mora, which contained only 
 400 ; and approach more nearly to the enlarged 
 mora of 600 men, such as it usually was in active 
 
 used it, that is, as a mere military division, consistini 
 properly of about 100 men ; and that to avoid 
 confusion the greater divisions, fonnerly called lochi, 
 and whose number, as being connected with old 
 traditions and political divisions, was not variable, 
 were for the future called by the less equivocal 
 name of morae ?" 
 
 To each mora of heavy-armed infantry there be- 
 longed a body of cavalry bearing the same name 
 CS-en. De Rep.Lucfd. xi. 4), consisting at the most of 
 1 00 men, and commanded by the hippannost ( l-mrap- 
 jUoo-Tijj, Xen, //eft'H, iv. 4. § 10 ; iv. 5. § 12). The 
 cavalry is said, by Plutarch, to have been divided 
 in the time of Lycurgus into oulami (ovKa/xol) of 
 fifty men each (Plut. Lt/c. 23); but this portion of 
 the Lacedaemonian army was unimportant, and 
 served only to cover the wings of the infantry. 
 The three hundred knights fonning the; king's body- 
 guard must not be confounded with the cavalry. 
 They were the choicest of the Spartan youths, and 
 fought either on horseback or on foot as occasion 
 required. 
 
 Solon divided the Athenian people into four 
 classes, of which the two first comprehended those 
 persons whose estates were respectively equivalent 
 to the value of 500 and 300 of the Attic measures 
 called medimni. These were not obliged to serve 
 in the infantry, nor on board ship, except in some 
 
 (vavKpapiai), into which the state was divided, 
 furnishing two persons ; but soon afterwards 
 the body was augmented to 1200 Kard^paKToi, 
 or heavy-anned horsemen, and there was be- 
 sides an ecjual number of aKpoSoKiarai, or archers, 
 who fought on horseback. The horses belonging 
 to the former class frere covered with bronze or other 
 metal, and they were ornamented with bells and 
 embroidered clothing. Before being allowed to 
 serve, both men and horses were subject to an ex- 
 amination before the hipparchs, and punishments 
 were decreed against persons who should enter 
 without the requisite qualifications. It was also 
 the duty of the hipparchs to train the cavalry in 
 time of peace. (See Xenophon's treatise entitled 
 'hriTapxi-K6s.) 
 
 Every free citizen of the Greek states was, ac- 
 cording to Xenophon and Plutarch, enrolled for 
 military service from the age of 18 or 20, to 58 or 
 60 years, and, at Sparta at least, the rule was com- 
 mon to the kings and the private people. The 
 young men, previously to joining the ranks were 
 instructed in the military duties by the to/ctikoj 
 or public teachers, who were maintained by the 
 state for the purpose ; and no town in Greece was 
 without its gymnasium, or schooh The times ap- 
 pointed for perfomiing the exercises, as well in the 
 gymnasium as in the camp, were early in the morn- 
 
90 
 
 ARMY (GREEK). 
 
 ARMY (GREEK). 
 
 ing, and in the evening before going to rest. The 
 first employment of the young soldiers was to guard 
 the city ; and in this duty they were associated 
 with such veterans as, on account of their age, had 
 been discharged from service in the field. At 
 20 years of atre the Athenian recruit could be sent 
 on foreign expeditions ; but, among the Spartans, 
 this was seldom done till the soldier was 30 years 
 old. No man beyond the legal age could be com- 
 pelled to serve out of his countr)-, except in times of 
 public danger ; but mention is occasionally made of 
 such persons being placed in the rear of the army 
 during an action, and charged with the care of the 
 baggage. (Thucyd. v. 72.) While the Athenians were 
 engaged in an expedition against Aegina, the Pelo- 
 ponnesians sent a detachment of troops towards 
 Megara, in expectation of surprising the place ; 
 but the young and the aged men who remained 
 to guard Athens marched, under Myronides, against 
 the enemy, and prevented the success of the enter- 
 prise. (Thucyd. i. 105.) 
 
 An attention to military duties, when the troops 
 were encamped, was strictly enforced in all the 
 Greek armies ; but a considerable difference prevail- 
 ed in those of the two principal states with respect 
 to the recreations of the soldiers. The men of 
 Athens were allowed to witness theatrical perform- 
 ances, and to have in the camp companies of singers 
 and dancers. In the Lacedaemonian army, on the 
 contrary, all these were forbidden ; the constant 
 practice of temperance, and the obsen-ance of a 
 rigid discipline being prescribed to the Spartan 
 youth, in order that they might excel in war (which 
 among them was considered as the proper occupa- 
 tion of freemen) ; and manly exercises alone were 
 permitted in the intervals of duty. Yet, while en- 
 camped, the young men were encouraged to use 
 perfumes, and to wear costly amiour, though the 
 adorning of their persons, when at home, would have 
 subjected them to the reproach of effeminacy. On 
 going into action, they crowned themselves with 
 garlands, and marched with a regulated pace, 
 a concert of flutes playing the hymn of Castor. 
 (Plutarch, Lijcurci.') 
 
 The military service was not always voluntarily 
 embraced by the Greek people, since it was found 
 necessary to decree punishments against such as 
 evaded the conscriptions. These consisted in a de- 
 privation of the privileges of citizenship, or in being 
 branded in the hand. Deserters from the anny 
 were punished with death ; and, at home, when a 
 man absented himself from the ranks, he was made 
 to sit three days in a public place in women's ap- 
 pareL It was held to be highly disgraceful in a 
 soldier if, after an action, he was without his buck- 
 ler ; probably because this implied that he, who 
 ought to have maintained liis post till the last 
 moment, had made a precipitate retreat ; a coward 
 would throw away his buckler in order that he 
 might run faster. 
 
 In the infancy of the Greek republics, while the 
 theatre of war was almost at the gates of each city, 
 the soldier sci-ved at his own expense in that class of 
 troops which his fortune pennitted him to join. 
 Both at Athens and Sparta the iVTreis, or horse- 
 men, consisted of persons possessing considerable 
 estates and vigour of body ; each man furnished 
 and maintained his own horse, and he was, besides, 
 bound to jjrovide at least one foot-soldier as an 
 attendant. In the time of Xenophon, however, 
 the spirit of the original institution had greatly de- 
 
 clined ; not only was the citizen allowed to com- 
 mute his personal services for those of a horseman 
 hired in his stead, but the purchase and mainten- 
 ance of the horses, which were imposed as a tax 
 on the wealthy, were ill executed ; the men, also, 
 who were least able in body, and least desirous of 
 distinguishing themselves, were admitted into the 
 ranks of the cavalry. 
 
 The distress occasioned by the long continuance 
 of the Peloponnesian war having put it out of the 
 power of the poorer citizens of Athens to serve the 
 country at their own expense, Pericles introduced 
 the practice of giving constant pay to a class of the 
 soldiers out of the public revenue ; and this was 
 subsequently adopted by the other states of Greece. 
 The amount of the pay varied accorduig to circum- 
 stances from two oboli to a drachma. (Thucyd. iii. 
 17.) The conmianders of the Ao'xot received double, 
 and the strategi four times, the pay of a private foot- 
 soldier. (Xen. Anah. vii. 6. g 1.) A truce having 
 been made between the Athenians and Argives, it 
 was appointed that if one party assisted another, 
 those who sent the assistance should furnish their 
 troops with provisions for thirty days ; and it was 
 further agreed that, if the succoured party wished 
 to retain the troops beyond that time, they should 
 pay, daily, one drachma (of Aegina) for each horse- 
 man, and three oboli for a foot-soldier, whether 
 h'pavy-armed, light-armed, or archer. (Thucyd. v. 
 47.) At Athens, by the laws of Solon, if a man 
 lost a limb in war, one obolus was allowed him daily 
 for the rest of his life at the public expense ; the 
 parents and children of such as fell in action were 
 also provided for by the state. ['AAT'NATOI.] 
 
 With the acquisition of wealth, the love of ease 
 prevailed over that of glory ; and the principal 
 states of Greece, in order to supply the places of 
 such citizens as claimed the privilege of exemption 
 from military service, were obliged to take in pay 
 bodies of troops which were raised among their 
 poorer neighbours. The Arcadians, like the modem 
 Swiss, were most generally retained as auxiliaries 
 in the armies of the other Greek states. In earlier 
 times, to engage as a mercenary in the service of 
 a foreign power, was considered dishonourable ; and 
 the name of the Carians, who are said to have been 
 the first to do so, became on that account a term of 
 reproach. 
 
 The strength of a Grecian army consisted chiefly 
 in its foot-soldiers ; and of these there were at first 
 but two classes: — the oirK'nai, who wore heavy 
 annour, carried large shields, and, in action, used 
 swords and long spears : and the iJ/iAo/, who were 
 light-armed, having frequently only helmets and 
 small bucklers, with neither cuirasses nor greaves, 
 and who were employed chiefly as skirmishers in 
 discharging arrows, darts, or stones. An inter- 
 mediate class of troops, called TreKraarai, or tar- 
 geteers, was fonned at Athens, by Iphicrates, 
 after the Peloponnesian war (Xen. Hellen. iv. 4. 
 § 10' — 18) : they were armed nearly in the same 
 manner as the dirXirai, but their cuirasses were of 
 linen instead of bronze or iron ; their spears were 
 short, and they carried small round bucklers 
 (ireArai). These troops, luiiting in some measure 
 the stability of the phalanx with the agility of the 
 light-anned men, were found to be highly efficient ; 
 and from the time of their adoption, they were 
 extensively employed in the Greek armies. A band 
 of chd)-men is mentioned by Xenophon among the 
 Theban troops at the battle of Lcuctra. 
 
ARMY (GREEK). 
 
 Scarlet, or crimson, appears to have been the ] 
 geueml colour of the Greek uiiifonn, at least in the 
 days of Xenophon ; for he observes (A</esi/. ii. 7 ) 
 that the amij- of Agesilaiis appeared all bronze and 
 scarlet (^anavra fxev x''A.KOi', duravTa Se (poiviKa 
 <f>alv((r6ai ). 
 
 The oldest existing works which treat expressly 
 of the constitution and tactics of the Grecian armies 
 are the treatises of Aelian and Arrian ; which were 
 written in the time of Hadrian, when the art of war 
 had changed its character, and when many details 
 relating to the ancient military organisations were 
 forgotten. Yet the systems of these tacticians, 
 speaking generally, appear to belong to the age of 
 Philip or Alexander ; and, consequently, they may 
 be considered as having succeeded those which 
 have been indicated above. 
 
 Aelian makes the lowest subdivision of the army 
 to consist of a Ad^os, Senas, or evaifioT'ia, which he 
 sa3's were then supposed to have been respectively' 
 files of 16, 12, or 8 men, and he recommends the lat- 
 ter. The numbers in the superior divisions pro- 
 ceeded in a geometrical progression by doubles, 
 and the principal bodies were fomied and denomi- 
 nated as follow : — Four Aox<" constituted a 
 TfTpapxia (=0'4 men), and two of these, a to|<$ 
 ( = 128 men). The latter doubled, was called a 
 (rvvray/xa or ^evayla{ =256 men), to which division 
 it a]ipcars that five supernumeraries were attached ; 
 these were the crier, the ensign, the trumpeter, a 
 servant, and an officer, called oupay6s, who brought 
 up the rear. Four of the last-mentioned divisions 
 formed a x'^'^PX'" ( — 10"2-t men), which doubled 
 became a re'Aos, and quadiiipled, fomied the body 
 which was denominated a (paf^ay^. This corps 
 would, therefore, appear to have consisted of 4096 
 men ; but, in fact, divisions of very different 
 strengths were, at different times, designated by 
 that name. Xenophon, in the Cyropaedia, applies 
 the tenn pluilangcs to the three great divisions of 
 the army of Croesus, and in the Anabasis to the 
 bodies of Greek troops in the battle of Cunaxa, 
 as well as upon many other occasions. It is 
 evident, therefore, that before the time of Philip 
 of Macedon, plialana: was a general expression 
 for any large body of troops in the Grecian 
 armies. That prince, however, united under 
 this name 6000 of his most efficient heavy-anued 
 men, whom he called his companions ; he subjected 
 them to judicious regidations, and improved their 
 arms and discipline ; and, from that time, the name 
 of his country was constantly applied to bodies of 
 troops which were similarly organised. 
 
 The numerical strength of the phalanx was pro- 
 bably the greatest in the days of Philip and Alex- 
 ander ; and, if the tactics of Aelian may be con- 
 sidered applicable to the age of those monarchs, it 
 would appear that the corps, when complete, con- 
 sisted of about 1()',000 heavy-armed men. It was 
 divided into fom' parts, each consisting of 4000 
 men, who were dra\vn up in files generally 16 men 
 deep. The whole front, properly speaking, con- 
 sisted of two grand divisions ; but each of these 
 was divided into two sections, and the two middle 
 sections of tlic whole constituted the centre, or 
 ofiUpaKos. The others were designated Kepara, or 
 wings ; and in these the best troops seem to have 
 been placed. The evolutions were performed upon 
 the enonioty, or single file, whether it were re- 
 quired to extend or to deepen the line : and there 
 was an interval between every two sections for the 
 
 ARMY (GREEK). 1)1 
 
 convenience of manoeuvring. (I'olybius, xi. 
 ex. 3.) 
 
 The smallest division of the xj/iKo'i, or light 
 troops, according to the treatise of Aelian, 
 was the Ao'xos, which, in this class, consisted of 
 eight men only ; and four of these are said to have 
 fonued a avtTTaais. The sections afterwards in- 
 creased by doubling the numbers in the preceding 
 divisions, up to the trnVayjUct, which consisted of 
 8192 men ; and this was the whole number of the 
 i|/iAoi who were attached to a phalanx of heavy- 
 anued troops. 
 
 The Greek cavalry, according to Aelian, was 
 divided into bodies, of which the smallest was 
 called TAt) : it is said to have consisted of 64 men, 
 though the term was used in earlier times for a 
 party of horse of any number. (Xen. Anab. i. 
 2. § 16.) A troop called iiriXapxia, contained 
 two IfAoi : and a division subsequently called 
 rapavTivapxia (from Tarentum in Italy), was 
 doidjle the fonner. Each of the succeeding divi- 
 sions was double that which preceded it ; and one, 
 consisting of 2048 men, was called TeAos : finally, 
 the eir'nayfia was equal to two TeAr), and continu- 
 ed 4096 men. The troops of the division, or class 
 called by AeUan Tarentines, are supposed to have 
 been similar to those which also bore the names of 
 Sifxaxo-^ and vna(nri(TTai, and which corresponded 
 to the present dragoons, since they engaged either 
 on horseback or on foot, being attended by persons 
 who took care of the horses when the riders fought 
 dismounted. Their anuour was heavier than that 
 of the common horsemen, but lighter than that of 
 the oTrAiTai : and their first establishment is ascrib- 
 ed to Alexander. It does not appear that war- 
 chariots were used in Greece after the heroic ages ; 
 indeed the moimtainous nature of the country must 
 have been unfavourable for their evolutions. In the 
 East, however, the annics frequently coming to 
 action in vast plains, not only did the use of cha- 
 riots commence at a very early epoch, but they con- 
 tinued to be employed till the conquest of Syria 
 and Egypt by the Romans. Numerous chariots 
 fonned the front of the Persian line when Alex- 
 ander overthrew the empire of Darius. Divisions 
 of chariots were placed at intervals before the army 
 of Molon, when he was defeated by Antiochus the 
 Great (Polybius, v. 5.) ; and Justin relates 
 (xxxviii. 1.) that there were 600 in the army 
 which Mithridates (Eupator) drew up against that 
 of Ariarathes. In the engagements with Darius 
 and Poms the troops of Alexander were opposed 
 to elephants ; and subsequently to the reign of 
 that prince, those animals were generally employed 
 in the Greek annies in Asia. They were arranged 
 in line, in front of the troops, and carried on their 
 backs wooden turrets, in which were placed from 10 
 to 30 men for the purpose of annoying the enemy, 
 with darts and arrows. They were also trained to 
 act against each other ; mshing together they in- 
 tertwined their trunks, and the stronger forcing his 
 opponent to turn his ilank pierced him witli his 
 tusks ; the men, in the mean time, fighting with their 
 spears. (Polyb. v. 5.) Thus, at the battle of Raphea 
 between Antiochus and Ptolemy, one wing of the 
 Egyptian amiy was defeated in consequence- of the 
 African elephants being inferior in strength to those 
 of India. Elephants were also employed in the 
 wars of the Greeks, Romans, and Carthaginians 
 with eacii other. 
 
 The four chief officers of a phalanx were dis- 
 
92 ARMY (GREEK). 
 
 posed in the following manner : — The first with 
 respect to merit was placed at the extremity of the 
 right wing ; the second, at the extremity of the 
 left ; the third was placed on the right of the left 
 wing ; and the fourth, on the li'ft of the right wing: 
 and a like order was observed in placing the officers 
 of the several subdivisions of the phalanx. The 
 reason given by Aelian for this fanciful arrange- 
 ment is, that thus the whole front of the line wiU 
 be equally well commanded ; since, as he observes, 
 in every (arithmetical) progression, the sum of the 
 extreme terms is equal to that of the mean terms: 
 whatever may be the value of this reason, it must 
 have been a delicate task to determine the relative 
 merit of the officers with the precision necessary 
 for assigning them their proper places in the series. 
 Experienced soldiers were also placed in rear of the 
 phalanx ; and Xennphon, in the Cyropaedia, com- 
 pares a body of troops thus officered to a house 
 having a good foundation and roof. 
 
 Each soldier in the phalanx was allowed, when 
 in open order, a space equal to four cubits (.5^ or 6 
 feet) each way ; wlu'ii a charge was to be made the 
 space was reduced to two cubits each way, and this 
 order was called iruKvuxris. On some occasions only 
 one cubit was allowed, and then the order was 
 called aova.ainaiJ.6s, because the bucklers touched 
 each other. 
 
 In making or receiving an attack, when each 
 man occupied about three feet in depth, and the 
 Macedonian spear, or adpiaaa, which was 18 or 20 
 feet long, was held in a horizontal position, the 
 point of that which was in the hands of a front- 
 rank man might project about 14 feet from the 
 line ; the point of that which was in the hands of 
 a second-rank man might project about 11 feet, and 
 so on. Therefore, of the sixteen ranks, which 
 was the ordinary depth of the phalanx, those in 
 rear of the fifth could not, evidently, contribute by 
 their pikes to the annoyance of the enemy : they, 
 consequently, kept their pikes in an inclined posi- 
 tion, resting on the shoulders of tlie men in their 
 front ; and thus they were enabled to arrest the 
 enemy's missiles whicli, after flying over the front 
 ranks, might otherwise fall on those in the rear. 
 The ranks beyond the fifth pressing with all their 
 force against the men who were in their front, while 
 they prevented them from falling back, increased 
 the effect of the charge, or the resistance opposed 
 to that of the enemy (Polyb. xvii. ex. 3) ; and 
 from a disposition similar to that which is here 
 supposed, in the Spartan troops at the battle of 
 Plataea, the Persian infantry, ill-armed and un- 
 skilled in close action, are said to have perished in 
 vast numbers, in the vain attempt to penetrate the 
 dense masses of the Greeks. 
 
 In action it was one duty of the officers to pre- 
 vent the whole body of the men from inclining to- 
 wards the right hand ; to this there was always a 
 great tendency, because eveiy soldier endeavoured 
 to press that way, in order that he might be covered 
 as much as possible by the shield of his companion ; 
 and thus danger was incurred of having the army 
 outflanked towards its left by that of the enemy. 
 A derangement of this nature occurred to the anny of 
 Agis at the battle of Mautinea (Thucyd. v. 71.72). 
 Previously to an action some particular word or 
 sentence, avvSyjjxa, was given out by the com- 
 manders to the soldiers, who were enabled on de- 
 manding it, to distinguish each other from the 
 enemy. (Xen. Anah, i. 8. § 16, ; Cyrop. i. 7. § 10.) 
 
 ARMY (GREEK). 
 
 The Greek tactics appear to have been simple, 
 and the evolutions of the troops such as could be 
 easily executed : the general figure of the phalanx 
 was an oblong rectangle, and this could, when re- 
 quired, be thrown into the form of a solid or hollow 
 square, a rhombus or lozenge, a triangle, or a por- 
 tion of a circle. On a march it was capable of con- 
 tracting its front, according to the breadth of the 
 road or pass, along which it was to move. If the 
 phalanx was drawn up so that its length exceeded 
 its depth, it had the name of vKivQiov ; on the 
 other hand, when it advanced in column, or on a 
 front narrower than its depth, it was called irvpyoi. 
 Usually the opposing armies were drawn up in two 
 parallel lines, but there was also an oblique order 
 of battle, one wing being advanced near the enemy 
 and the other being kept retired ; and this dispo- 
 sition was used when it was desired to induce an 
 enemy to break his line. It is supposed to have 
 been frequently adopted by the Thebans ; and, at 
 the battle of Delium, the Boeotians thus defeated 
 the Athenians. (Thucyd. iv. 90.) At the Granicus, 
 also, Alexander, following it is said (Arrian, lib. 1.) 
 the practice of Epaminondas, did not attack at once 
 the whole army of the enemy, but threw himself 
 with condensed forces against the centre oidy of the 
 Persian line. 
 
 Occasionally the phalanx was formed in two 
 divisions, each facing outwards, for the purpose of 
 engaging the enemy at once in front and rear, or 
 on both flanks ; these orders were called respec- 
 tively d/j-tpiaTOixos and avTiaToaos. When the 
 phalanx was in danger of being surrounded, it could 
 be formed in four divisions, which faced in opposite 
 directions. At the battle of Arbela the two divi- 
 sions of Alexander's army formed a phalanx with 
 two fronts ; and here the attack was directed against 
 the right wing only of the Persians. 
 
 The manoeuvres necessary fi)r changing the front 
 of the phalanx were generally performed by counter- 
 marching the files, because it was of importance 
 that the officers, or file leaders, shoidd be in the 
 front. When a phalanx was to be formed in twa 
 parallel lines, the leaders commonly placed them- 
 selves on the exterior front of each line, with the 
 ovpayol, or rear-rank men, who were almost always 
 veteran soldiers, in the interior ; the contrary dis- 
 position was, however, sometimes adopted. 
 
 The phalanx was made to take the form of a 
 lozenge, or wedge, when it was intended to pierce 
 the line of an enemy. At tlie battle of Leuctra, 
 the Lacedaemonians, attempting to extend their 
 line to the right, in order to out-flank the Thebans, 
 Epaminondas, or rather Pelopidas, attacked them 
 while they were disordered by that movement. On 
 this occasion the Boeotian troops were drawn up 
 in the form of a hollow wedge, which was made by 
 two divisions of a double phalanx being joined to- 
 gether at one end. (Xen. Hetlen. vii. 5.) 
 
 It may be said that, from the disposition of the 
 troops in the Greek armies, the success of an action 
 depended in general on a single effort ; since there 
 was no second line of troops to support the first ia 
 the event of any disaster. The dense order of the 
 phalanx was only proper for a combat on a perfect- 
 ly level plain ; and, even then, the victory depend- 
 ed rather on the prowess of the soldier than on the 
 skiU of the commander, who was commonly dis- 
 tinguished from the men only by fighting at their 
 head. But, when the field of battle was command- 
 ed by heights, and intersected by streams or defiles, 
 
ARMY (ROMAN). 
 
 e unwieldy mass became incapable of acting, 
 liile it was overwhelmed by the enemy's missiles : 
 ch was the state of the Lacedaemonian troops 
 lu ll liesiefjcd in the island of Sphacteria. (Thucyd. 
 . '■\2.) The cavalry attached to a phalanx, or 
 le of battle, was placed on its wings, and the 
 {H troops were in the rear, or in the inteiTals 
 ;tween the divisions. An engagement sometimes 
 insisted merely in the charges which the opposing 
 ivalry made on each other, as in the battle be- 
 vrvn the Lacedaemonians and Olynthians. (Xen. 
 /.'//<•«. V. 2.) 
 
 The simple battering-ram for demolishing the 
 ■alls of fortresses is supposed to have been an in- 
 ontion of the earliest times ; we learn from Thucy- 
 ides (ii. 7h'), that it was employed by the Pelo- 
 onnesians at the siege of Plataea ; and, according 
 o Vitruvius (x. VJ), the ram, covered with a 
 ciof of hides, or wood, for the protection of the 
 lien, was invented by Cetras, of Chalcedon, who 
 ived before the age of Philip and Alexander. 
 Aries.] But we have little knowledge of what 
 nay be called the field-artilleiT of the Greeks at 
 uiy period of their history. Diod. Sic. mentions 
 lib. 14) that the KaTaiveKTTis, or machine for 
 hrowing arrows or darts, was invented or improved 
 it Syracuse in the time of Dionysius ; but whether 
 t was then used in the attack of towns, or against 
 .roops in the field, does not appear ; and it is not 
 ;ill about a century after the death of Alexander, 
 hat we have any distinct intimation of such ma- 
 jhines being in the train of a Grecian army. Ac- 
 .•ording to Polybius (xi. ex. 3), there were with the 
 croops of Machanidas many carriages filled with 
 jatapultae and weapons ; those carriages appear to 
 have come up in rear of the Spartan army ; but 
 before the action commenced they were disposed, 
 at intervals, along the front of the line ; in order, as 
 Philopoemen is said to have perceived, to put the 
 Achaean phalanx in disorder by discharges of stones 
 and darts. Against such missiles, as well as those 
 which came from the ordinary slings and bows, the 
 troops, when not actually making a charge, covered 
 themselves with their bucklers ; the men in the 
 first rank placing theirs vertically in front ; and 
 those behind, in stooping or kneeling postures, hold- 
 ing them over their heads so as to form what was 
 called a x^^^"'') (tortoise), inclining down towards 
 the rear. 
 
 ARMY (ROMAN). The organisation of the 
 Roman anny in early times was based upon the 
 constitution of Servius Tullius, which is explained 
 under the article Comitia Centuriata ; in which 
 an account is given of the Roman arm}- in the time 
 of the kings, and in the early ages of the republic. 
 It is only necessary to observe here, that it appears 
 plainly, from a variety of circumstances, that the 
 tactics of the Roman infantry in early times were 
 not those of the legion at a later period, and that 
 the phalanx, which was the battle-array of the 
 Greeks, was also the form in which the Roman 
 armies were originally drawn up. {C/ipeis antea 
 Romaiii usi sunt ; deimle, posf(ji(am stipendiariifadi 
 sunt, scuta pro c/ipeis ficere; et quod antca phalanges 
 similes Macedonicis, hoc pustea iiianipulaiim structa 
 acies coepit esse, Liv. viii. 8 ; compare Niebuhr, 
 Horn. Hist. vol. i. p. 4G8.) In Livy's descrip- 
 tion (viii. 8) of the battle, which was fought near 
 Vesuvius, we have an account of the constitution of 
 the Roman anny in the year B. c. 337 ; but as this 
 description cannot be understood without explain- 
 
 ARMY (ROMAN). 93 
 
 ing the ancient fonnation of the array, we shall 
 proceed at once to describe the constitution of the 
 army in later times. 
 
 In the time of Polybius, which was that of 
 Fabius and Scipio, every legion was commanded by 
 six military tribunes ; and, in the event of four new- 
 legions being intended to be raised, 14 of the tri- 
 bunes were chosen from among those citizens who 
 had carried arms in five campaigns, and 10 from those 
 who had served twice as long. The consuls, after 
 they entered upon their office, appointed a day on 
 which all those who were of the military age were 
 required to attend. When the day for enrolling 
 the troops arrived, the people assembled at the 
 Capitol (Liv. xxvi. 35) ; and the consuls, with the 
 assistance of the military tribunes, proceeded to 
 hold the levy, unless prevented by the tribunes of 
 the plebes. (Liv. iv. 1.) The military tribunes 
 having been divided into four bodies (which divi- 
 sion corresponded to the general distribution of the 
 army into four legions), drew out the tribes by lot, 
 one by one ; then, calling up that tribe upon which 
 the lot first fell, they chose {hyerunt, whence the 
 name ^cf/i'o) from it four young men nearly equal in 
 age and stature. From these the tribunes of the first 
 legion chose one ; those of the second chose a second, 
 and so on : after this four other men were selected, 
 and now the tribunes of the second legion made the 
 first choice ; then those of the other legions in 
 order, and, last of all, the tribunes of the first legion 
 made their choice. In like manner, from the next 
 four men, the tribunes, beginning with those of the 
 third legion, and ending with those of the second, 
 made their choice. Observing the same method of 
 rotation to the end, it followed that all the legions 
 were nearly alike with repsect to the ages and sta- 
 ture of the men. Polybius observes (vi. ex. 2) 
 that, anciently, the cavalry troops were chosen 
 after the infantry, and that 200 horse were 
 allowed to every 4000 foot ; but he adds that 
 it was then the custom to select the cavalry first, 
 and to assign 300 of these to each legion. Every 
 citizen was obliged to serve in the army, when 
 required, between the ages of 17 and 46 years. 
 Each foot-soldier was obliged to serve during 
 twenty campaigns, and each horse-man during 
 ten. And, except when a legal cause of exemp- 
 tion (i'aca/jo) existed, the service was compulsory: 
 persons who refused to enlist could be punished by 
 fine or imprisonment ; and in some cases they 
 might be sold as slaves. (Liv. iv. 53. vii. 4. ; Cic. 
 I'roCaecinu, 34.} The groinids of exemption were 
 age (Liv. xlii. 33), infinnity, and having served 
 the appointed time. The magistrates and priests 
 were also exempted, in general, from serving in 
 the wars ; and the same privilege was sometimes 
 granted by the senate or the people, to individuals 
 who had rendered services to the state. (Liv. 
 xxxix. 19 ; Cic. Philip, v. 19. ; De Nut. Dear. ii. 
 2.) In sudden emergencies, or when any particu- 
 lar danger was apprehended, as in the case of a war 
 in Italy or against the Gauls, both of which were 
 called tiimultus (Cic. Philip, viii. I), no exemp- 
 tion could be pleaded, but all were obliged to be 
 enrolled. [Sc??atus decrevit, ut delectus haheretur, 
 vacationes nc valerent, Cic. AdAtt.i. 19; Philip. 
 viii. 1 ; Liv. vii. 1 1 ; viii. 20.) Persons who 
 were rated by the censors below the value of 
 400 drachmae, according to Polybius. were allow- 
 ed to serve only in the navy ; and these men 
 formed what was called the Ici/io classica. 
 
94 ARMY (ROMAN). 
 
 ARMY (ROMAN). 
 
 In the first ages of tlio republic each consul had 
 usually the command of two Roman legions, and 
 two legions of allies ; and the latter were I'aised 
 in the states of Italy nearly in the same manner 
 as the others were raised in Rome. The infantry 
 of an allied legion was usually equal in number 
 to that of a Roman legion, but the cavalry 
 attached to the fonner was twice as numerous 
 as that which belonged to the latter. (Llv. viii. 
 8 ; xxii. .30.) The regulation of the two allied 
 legions was suiierintcnilrd liy twelve officers called 
 prefects (prucjkli), who weie selected for this pur- 
 pose by the consuls. (Polyb. vi. ex. 2; Caes. 
 Be Bell. Gall. i. .39 ; iii. 7.) In the line of 
 battle the two Roman legions formed the 
 centre, and those of the allies were placed, one 
 on the right and the other on the left tlank : the 
 cavalry was posted at the two extremities of the 
 line ; that of the allies in each wing being on 
 the outward flank of the legionary horse-men, 
 on which account they had the name of Alarii. 
 [Alarii.] a body of the best soldiers, both in- 
 fantry and cavalry, consisting either of volunteers 
 or of veterans selected from the allies, guarded the 
 consul in the camp, or served about his person in 
 the field ; and these were called extraordinarii. 
 
 [ExTR.iORDlNARII.] 
 
 The number of men in a Roman legion varied 
 much at different times. When Camillus raised ten 
 legions for the war against the Gauls, each con- 
 sisted of 4200 foot-soldiers, and 300 horse-soldiers 
 (Liv. vii. 2.5) ; but previously to the battle of 
 Cannae the senate decreed that the amy should 
 consist of eight legions, and that the strength of 
 each should be .5000 foot-soldiers. (Polyb. iii. 12.) 
 According to Livy (xxix. 24) the legions which went 
 to Africa with Scipio consisted each of 6200 foot- 
 soldiers and 300 horse (though the best commenta- 
 tors suppose that .5200 foot-soldiers are meant) ; 
 and during the second war in Macedonia the consul, 
 Aemilius Paulus, had two legions of 6000 foot each, 
 besides the auxiliaries, for service in that country. 
 (Liv. xliv. 21.) The strength of the legionary 
 -cavalry seems to have been always nearly the same. 
 
 The number of legions in the service of Rome 
 went on increasing with the extent of its territory ; 
 and, after the Punic wars, when the state had ac- 
 quired wealth by its conquests in the East, the 
 military force became very considerable. Notwith- 
 standing the losses sustained at the battle of 
 Cannae, we find that, immediately afterwards, the 
 Romans raised in the city four legions of infantry 
 with 1000 horsemen, besides arming 8000 slaves ; 
 the cities of Latium sent an equal force ; and, sup- 
 posing 10,000 men to have escaped from Cannae, 
 the whole would amount to above 50,000 men. In 
 the second year after the battle, the republic had 
 on foot 18 legions (Liv. xxiv. 11) ; and, in the 
 fourth year, 23 legions. (Liv. xxv. 3.) In the in- 
 terview of Octavius with Antony and Lcpidus, it 
 was agreed that the two former should prosecute 
 the war against Brutus and Cassias, each at the 
 head of 20 legions, and that the other should be 
 left with three legions to guard the city. At Phi- 
 lippi, Antony and Octavius had, in all, 19 legions, 
 which are said to have been complete in numl)er, 
 and increased by supenunnerary troops ; and, there- 
 fore, their force must have amounted to at least 
 100,000 infantry. On the other hand, Brutus and 
 Cassius had also an army of 19 legions to oppose 
 them, with 20,000 cavalry from the eastern pro- 
 
 \ inces. According to A])pian, Octavius, after t 
 death of Lcpidus, found himself master of all t 
 western provinces, and at the head of 4.5 legioi 
 together with 2.5,000 horse, and 37,000 light-arni' 
 troops ; and there were, moreover, the legions ser 
 ing under Antony. Under Tiberius there were '. 
 legions even in time of peace, besides the troops 
 Italy, and the forces of the allies. (Tac. Ann. iv. I 
 Besides being designated by numbers, the legioj 
 bore particular names. In a letter from Galba 
 Cicero {Ad Div. x. 30), mention is made of tl 
 MaHia leyio as being one of tke veteran bodies e 
 gaged in an action between Antony and Pansa ; 
 the north of Italy. (See Cic. Philip, iii. 3.) An. 
 while Caesar was carrying oji the war in Gaul, 1 
 gave the freedom of the city to a number of tl 
 natives of that country, whom he disciplined in tl 
 Roman manner, and embodied in a legion which 1 
 designated ahiwla ; because the men wore on the 
 helmets a crest of feathers, like those on the heat 
 of certain birds. (Plin. //. N. xi. 44.) The legior 
 were also distinguished by the name of the pla( 
 where they were raised, or where they had served 
 as, Italica., Briiannica., Parlhica ; or by that ( 
 the emperor who raised them. 
 
 Tacitus, in the Annals and ehsewhere, make 
 mention of bodies of troops called reiillarii; and 
 as no precise account is given of them, the plac 
 which they held in the Roman annies can onl; 
 be known by conjecture. It appears, howevei 
 most probable, as Walch has observed in a noti 
 upon the Agricola of Tacitus (c. 18), that tlv 
 vexillarii were those veterans who, after tin 
 time of Augustus, were released from their niili 
 tary oath ; but were retained, till their coniplet 
 discharge, under a flag {vcrillum) by them 
 selves, free from all military duties, to render thei 
 assistance in the more severe battles, guard thi 
 frontiers of the empire, and keep in subjection pro 
 vinces that had been recently conquered. (&' 
 auctorari, qui senadetia fecissent, ac retiwri sm 
 vemllo, ceterorum immunes, nisi propulsandt hostit 
 Tac. Ann. i. 36 ; compare i. 17. 26. 38. 39.] 
 There were a certain number of vexillarii at- 
 tached to each legion, and from a passage ir 
 Tacitus (Ann. iii. 21 ), it would appear that thej 
 amounted to 500. They were sometimes detached 
 from the legion, and sometimes those belonging tc 
 several legions seem to have been united in one 
 \ioAy(tredecim ve.nllariorum milia,Ta.c. His.ii. 83.)' 
 After the selection of the men who were to com- 
 pose the legion, the military oath was administered' 
 on this occasion one person was appointed to pro- 
 nounce the words of the oath, and the rest of the 
 legionaries, advancing one by one, swore to perform 
 what the first had pronounced. The form of th( 
 oath diflfered at different times : during the republic 
 it contained an engagement to be faithful to the 
 Roman senate and people, and to execute all the 
 orders that should be given by the commanders. 
 (Polyb. vi. ex.2.) Under the emperors,fidelity to thi 
 sovereign was introduced into the oath (Tac. Hist. 
 
 * The sulmcinani milites in Tacitus, may be look- 
 ed upon as the same as the 'vexillarii. {Hist. i. 
 70 ; iv. 33.) In Livy the triarii are said to be 
 suh sirpiis (Liv. viii. 8) ; where we perceive a close 
 analogy between the old triarii and the vexillarii 
 or subsignani of the age of Tacitus ; although we 
 must not suppose that the vexillarii were the same as 
 the triarii. 
 
ARMY (ROMAN). 
 
 .31); and, after the estoblishmcnt of Christi- 
 lity, the engagement was made in the name of the 
 rinitv, and the majesty of the cmperur. (Veget. 
 I 3.)'Livy says (xxii. ;}«) that this military oath 
 sas first legally exacted in the time of the second 
 ^unic war, u. c. 'ilb", and that previously to that 
 jme each decuria of cavalry and centuria of foot had 
 jiily been accustomed to swear, voluntarily among 
 Umselves that they would act like good soldiers. 
 I The whole infantry of the legion was drawn up 
 »i three lines, each consisting of a separate class of 
 loops. In the first were the Mstati, so called 
 Jom the Itasta, or long spear which each man 
 iirried, but which was afterwards disused (Varro, 
 il»e Linq. Lut. iv. 16): these were the youngest 
 if the soldiers. The second line was fomied of 
 ike troops called principcs ; these were men of 
 jiature age, and from their name it would appear 
 fiat anciently they were placed 'in the front line. 
 ILiv. viii. 8.) In "the third line were the triarii, 
 h called from their position; and these were 
 eteran soldiers, each of whom carried two pilae, 
 jr strong javelins, whence they were sometimes 
 died pUaiii; and the hastati and principes, v/ho 
 Itood before them, antcpilatii. 
 
 \ When vacancies occurred on service, the men 
 Iho had long been in the ranks of the first, or in- 
 i-rior of these three classes, were advanced to those 
 jf the second ; wlience again, after a time, tliey 
 </ere received among the triarii, or veteran troops, 
 jn a legion, consisting of 4000 men, the number of 
 lie hastati was 1200 ; that of the principes was 
 he same ; but the tiiarii amounted to (iOO only : if 
 he strength of the legion exceeded 4000 men, that 
 |f the several Iwdies was increased proportionally, 
 jjie number of the last class alone remaining the 
 |ame. 
 
 l The usual depth of each of the three bodies, or 
 lines of troops in a legion, was ten men ; an inter- 
 fial, equal to the extent of a manipulus, was left 
 jetween every two of these divisions in the first 
 ijnd second lines, and rather greater intervals bc- 
 Ijween those in the third line. Every infantry sol- 
 iier of the legion was allowed, besides the ground 
 
 n which he stood, a space equal to three feet, both 
 |i length of front and in the depth of the files, be- 
 iween himself and the next man ; in order that he 
 iiight have room for shifting the position of his 
 luckier, according to the action of his opponent, for 
 lirowing his javeUn, or for using his sword with ad- 
 lantage. (Polyb. xvii. ex. 3.) The divisions of the 
 Ijcond line were, in general, placed opposite the in- 
 lervals of the first ; and, in like manner, the divisions 
 if the third were opposite the intervals in the second, 
 at the battle of Zama, however, the divisions of 
 iroops in the several lines were exactly opposite 
 tach other ; but this was a deviation from the usual 
 
 isposition, in order that the elephants of the Car- 
 iliaginians might pass qiute through to the rear. In 
 ;n action, if the hastati were overpowered, they 
 .etired slowly towards the principes ; and, falling in- 
 
 0 the intervals before mentioned, the two classes 
 
 0 conjunction continued the combat. In the mean 
 iime the triarii, keeping one knee on the ground, 
 [overed themselves with their bucklers fi'om the 
 liarts and arrows of the enemy ; and, in the event 
 [•f the first and second lines falling back, they unit- 
 ed with them in making a powerful effort to obtain 
 
 I he victory. 
 The light-armed troops, bearing tlie name of 
 ■elites, and fereutarii, or rorarii, did not fonn 
 
 ARMY (ROMAN). OB 
 
 a part of the legion; but fought in .scattered parties, 
 wliei-ever they were required. They carried 
 a strong circular buckler three feet in diameter, 
 the staff of their javelin was two cubits long, and 
 about the thickness of a finger ; and the iron was 
 fomied with a fine point, in order that it might be 
 bent on the first discharge, and consequently ren- 
 dered useless to the enemy. 
 
 The cavalry of tlie legion was divided into ten 
 turinae, each contixining 30 men ; and each turma 
 into ten decuriae, or bodies of 10 men. Each horse- 
 man was allowed a space equal to five feet in length 
 in the direction of the line. Each tunna had three 
 decuriones, or commanders of ten ; but he who was 
 first elected, commanded the turma, and was, pro- 
 bably, called du,r tiinmie. (Sail. ■/»(/. 38.) 
 
 In the time of the republic, the six tribunes who 
 were placed over a legion commanded by turns. 
 [Tribuni Mllitum.] To every 100 men were 
 appointed two centurions ; the first of whom was 
 properly so called ; and the other, called optio, 
 nrcu/us, or sulceiiturio, acted as a lieutenant, being 
 chosen for the purpose of doing the duty in the event 
 of the sickness or absence of the former. (Festus, 
 
 V. ; Veget. ii. 7.) The optio appears to have 
 been originally chosen by the tribune, but after- 
 wards by the centurion. [Centurio.] The cen- 
 turion also chose the standard-bearer or ensign 
 of his century (signi/'er or vcnllariiis, Liv. 
 viii. 8 ; xxxv. 5 ; Tac. Ann. ii. 81). Each 
 century was also divided into bodies of ten, 
 each of which was commanded by a decurio or 
 decanus. The first centurion of the triarii was 
 called prim.ipilus ; he had charge of the eagle, and 
 he commanded the whole legion under the tribunes. 
 (Liv. XXV. 19; Veget. ii. 8: Cues. Bell. Gall. li. 
 ■25.) The light-armed troops were also formed 
 into bands or centuries, each of which was com- 
 manded by a centurion. 
 
 To Marius, or Caesar, is ascribed the practice of 
 drawing up the Roman army in lines by cohorts, 
 which gradually led to the abandonment of the 
 ancient division of the legion into manipuli 
 [Mampl'Li], and of the distinctions of hast;iti, 
 principes, and triarii. Each legion was then diNnd- 
 ed into ten cohorts,* each cohort into three mani- 
 ples, and each maniple into two centuries, so that 
 there were thirty maniples and sixty centimes in a 
 legion. (/« legions sunt ccnturiae sejcaginta, mani- 
 jmli triffinta, cohortes decern, Cincius, ap. Aid. Gell. 
 xvi. 4.) From a passage in Livy (ii. 64), it ap- 
 pears that very anciently the allies or auxiliaries of 
 Rome were arranged by cohorts — a disposition 
 which is again referred to in xxiii. 14, xxviii. 45, 
 and in other places ; wlience it may be con- 
 cluded that, among those troops, it was ordinarily 
 adopted. But in the Commentaries of Caesar, the 
 divisions of all the legions, whether Roman or allied, 
 are alike designated cohorts, and the term is also 
 applied to the body of men (praetoria collars) which 
 was particularly appointed to attend on the consul 
 or commander ; for Caesar {Bell. .Gull. i. 40) tells- 
 his army, which had objected to march against 
 Ariovistus, that if the other troops shoidd refuse to 
 follow him, he would advance with the tenth legion 
 
 * Cohors or cJiors, the Greek x^P^os, originally 
 
 signified an enclosure for sheep or poultry, and was 
 afterwards used to designate the number of men 
 which could stand within such an enclosure. 
 
96 ARMY (ROMAN). 
 
 alone, and would make that legion his praetorian 
 cohort. 
 
 It has been supposed that Marius, who in order 
 to recruit the forces of the republic was compelled 
 to admit men of all classes indiscriminately into the 
 ranks of the legions, diminished to two, the three 
 lines of troops in which the Roman annies had 
 been previously drawn up for action : but, if such 
 were the fact, the regulation could not have long 
 remained in force ; since Caesar usually, as in the 
 battle with the Helvetians {Bell. Gall. i. 24), form- 
 ed his army in three lines ; and at Pharsalia he 
 appears to have had a reserve, which constituted a 
 fourth, or additional line. It may be added, that 
 the name of one, at least, of the three classes of 
 legionary troops continued to be applied till near 
 the end of the republic ; for, in the hrst book of the 
 Civil War (c. 46), Caesar, mentioning the loss of Q. 
 Fulginius in an action against Afranius, designates 
 him the first centurion of the hastati, in the 14th 
 legion. 
 
 The allied troops were raised and officered 
 nearly in the same manner as those of the Roman 
 legions ; but probably there was not among them a 
 division of the heavy-anned infantry into three 
 classes. They were commanded by prefects (see 
 page 94), who received their orders from the Roman 
 consuls or tribiuies. The troops sent b\' foreign 
 states for the service of Rome were designated 
 auxiliaries ; and they usually, Init not invariably, 
 received their pay and clothing from the republic. 
 
 According to Livy, the Roman soldiers at first 
 received no pay {siipendium) from the state. It 
 was first granted to the foot A. u. c. ;)4 7. in tlie war 
 with the Volsci (Liv. iv. .59),and three years after- 
 wards to the horse, during the siege of Wen. Nie- 
 buhr, however, brings forward sufficient reasons for 
 believing that the troops received pay at a much 
 earlier period, and that the aerarians [Aeharii] 
 had always been obliged to give pensions to the 
 infantry, as single women and minors did to the 
 knights ; and he supposes that the change alluded 
 to by Livy consisted in this, that every soldier now 
 became entitled to pay, whereas previously the 
 number of pensions had been limited by that of 
 the persons liable to be charged with them {Rom. 
 Hisf. vol. ii. p. 438. transl.) Polybius (vi. ex.2, c. 
 3) states the daily pay of a legionary soldier to have 
 been two oboli whicli were equal to 3^ ases, and in 
 thirty days would amount to 100 ases. A knight's 
 yearly pay amounted to 2000 ases ; and since the 
 Roman year originally consisted of only ten months, 
 his monthly pay amounted to 200 ases, which was 
 double the pay of a foot-soldier. Polybius (vi. ex. 
 2) informs us that a knight's pay was three times 
 as much as that of a foot-soldier ; but this was 
 not introduced till A. r. c. 354, and was designed, 
 as Niebuhr has remarked, as a compensation for 
 those who served with their own horses, which 
 were originally supplied by the state. (Liv. v. 12.) 
 [Compare Aes HoRnEARiiiM.] A centurion receiv- 
 ed double the paj- of a legionary. 
 
 The pay of the soldiers was doubled by Julius 
 Caesar. (Suet. Jul. c. 26.) In the time of Augus- 
 tus, the pay of a legionary was 10 ases a day (Tac. 
 Ann. i. 17), which was increased still more by 
 Domitian (addidit (juaHnm stipendium militi. Suet. 
 Dnm. c. 7). Besides pay, the soldiers received a 
 monthly allowance of com ; and the centurions double, 
 and the horse triple, that of a legionary. (Polyb. 
 vi. ex. 2.) 
 
 ARMY (ROMAN). 
 
 The infantry of the allies was supplied wit 
 com, equal in quantity to that of the Roman legioi 
 aries ; but their cavalry had less than was distribul 
 ed to the Roman cavalry. These regulations sul 
 sisted only during the time of the republic, or befor 
 the troojjs of the Italian cities were incorporatei 
 with those of Rome ; and to the ssime age must h 
 referred the orders of march and encampment de 
 scribed by Polybius. An account of the marcliinj 
 order of a Roman army is given under the artidi 
 Agmen. 
 
 No one order of battle appears to have been ex 
 clusively adhered to by the Romans during the time 
 of the republic, though, in general, their armies 
 were drawn up in three extended lines of heavy- 
 armed troops {triples: aci/'s) ; the cavalry being on 
 the wings, and the light troops either in front oi 
 rear according to circumstances. At the battle ol 
 Cannae, however, the infantry is said to have been 
 drawn up in one line, and in close order. On this 
 occasion the Gauls and Spaniards, who were in the 
 centre of the Carthaginian amiy, at first drove back 
 the Romans ; and the latter, drawing troops from 
 their wings to strengthen their centre, formed there 
 a sort of phalanx, whose charge succeeded so well 
 that the enemy's line was broken ; but, pressing 
 forward too far, the wings of the latter closed upon 
 the disordered troops and nearly surrounded them. 
 In the engagement with Labienus, the araiy of 
 Caesar being attacked both in front and rear, was 
 fomied into two lines, which were faced in opposite 
 directions ; and, in the action with the Parthians, 
 Crassus drew up the Roman army in one square 
 body, having twelve cohorts on each of the four 
 sides, with a division of cavalry between every two 
 cohorts in each face. 
 
 The word of command was at first given aloud 
 at the head of the army ; but Aemilius Paulus 
 changed this custom, and caused the tribune of the 
 nearest legion to give it in a low voice to his primi- 
 pilus, who transmitted it to the next centurion, and 
 so on. It appears also that, anciently, the men on 
 guard were at their posts during the whole day, 
 and that, in consequence, they sometimes fell 
 asleep leaning on their shields. Aemilius Paulus, 
 in order to diminish the fatigue of the men and 
 the chance of their sleeping, appointed that they 
 should be relieved every six hours, and that they 
 I should go on guard without their shields. [Castra.] 
 
 The legion, during the continuance of the ancient 
 discipline, was found to be more than equal to the 
 phalanx of the Greeks for general service ; and 
 Polybius (xvii. ex. 3) has sufficiently accounted for 
 thefact. This writer observes that, while the phalanx 
 retained its form and power of action, no force was 
 able to make any impression upon it, or support 
 the violence of its att<ick ; but he adds that the 
 phalanx retpiired that the field of battle should be 
 a nearly level plain : even then the enemy might 
 avoid it ; and by manoeuvring on its fianks and rear, 
 might cut ofiF its supplies. On an action taking 
 place, the commander of an army similar to that of 
 the Romans had it in his power to lead on to the 
 attack a portion only of its line, keeping the rest in 
 reserve ; in this case, whether the phalanx was 
 broken by the legion, or the foi-mer broke 
 through any part of the enemy's divisions, its 
 peculiar advantages were lost ; for there would al- 
 ways be left spaces into which the enemy might 
 penetrate and disperse the troops, whose long spears 
 were of no avail against men armed with javelins 
 
ARMY (ROMAN). 
 
 ,aiul strong swords. In this manner, Aemilius ob- 
 tained a victory over Perseus at Pydna (Liv. xliv. 
 |41), and Pliilip was defeated by Flaminius at the 
 ^battle of Cynocephalae. (Polyb. xvii. ex. 3.) 
 \ The severity of the Roman discipline may be 
 snid to have been occasionally relaxed, at least in 
 till' provinces, even during the republic ; for Scipio 
 Aiiiiilianus, when he went to command the army 
 111 Spain, found that the legionary soldiers used 
 r:nts to carry a portion of the burthens which, 
 formerly, they had borne on their own shoidders. 
 (Liv. Kjiit. .57.) But, imiong the disorders which 
 ^prevailed during the reignis of the successors of the 
 jAntonines, one of tlie greatest evils was the almost 
 ijtotal neglect of warlike exercises among the troops 
 which guarded the city of Rome. The legions on 
 ! the frontiers alone, in those times, sustained their 
 ancient reputation ; and Severus by their aid 
 ascended without difficulty the throne then occu- 
 ipied by the unworthy Julianus. The almost total 
 abandonment of the ancient militar}- institutions 
 may be said to liave taken place soon after the time 
 of Constantino ; for, according to Vegetius (i. 16), 
 who lived in the reign of Valentinian II., the sol- 
 diers of that age were allowed to dispense with the 
 I helmet and cuirass as being too heavy to be worn, 
 ' and he ascribes their frequent defeats by the Goths 
 to the want of the ancient defensive amiour. 
 
 Vegetius has given a description of the legion, 
 which, though said to accord with that of the 
 ( ancients, differs entirely from the legions of Livy 
 and Polybius. He considers it as consisting of ten 
 cohorts, and states that it was drawn up in three 
 'lines, of which the first contained five cohorts ; the 
 'troops of this line were called principes, and were 
 heavy-armed men, each carrying five arrows, loaded 
 : at one end with lead, in the hollow of the shield, 
 ' besides a large and small javelin. The second line, 
 1 consisting of the troops called hastati, is said to have 
 ' been fonued by the remaining five cohorts. Rehind 
 these were placed the ferentarii (a sort of light- 
 J anned troops who performed the duty of a forloni- 
 hope) ; the target-men, who were armed with darts, 
 arrows, and swords ; and besides these there were 
 slingers, archers, and crossbow-men. In rear of all 
 I came the triarii, who were armed bkc the principes 
 and hastati. (Veget. ii. (!. Now it was the 
 
 general practice during the republic to place the 
 principes in the second line, in rear of the 
 hastati ; therefore, if the disposition given by 
 ^'ogetius ever had a real existence, it can only be 
 supposed to have been in an age preceding that to 
 which the description given b}' Li\'y (viii. 8) refers ; 
 or it was an arrangement adopted on the occasion 
 of some temporary reform which may have taken 
 place under the emperors. What follows may, 
 perhaps, be readily admittee to appertain to the 
 empire under the greatest of its princes. The first 
 of the cohorts, which bore the name of coJiors mil- 
 liaria, was superior to the others both with respect 
 to the number and quality of the soldiers ; it had, 
 also, the charge of the eagle and the standard of the 
 emperor. Its streng-th was 1105 foot-soldiers, and 
 13"2 cuirassiers on horseback ; and its post was on 
 the right of the first line. The remaining four co- 
 horts of the first line contained each 5,55 infantry and 
 Cfi cavalry, and the five cohorts of the second line 
 contained each the same number of infantry and 
 cavalry. Thus the whole legion was composed of 
 (ilOO foot-soldiers, and 726 horsemen, not including 
 either the triarii or the light troops. 
 
 ARMY (ROMAN). 97 
 
 After the establishment of the imperial authority, 
 the sovereign appointed some person of consular 
 dignity to command each legion in the provinces ; 
 and this officer, as the emperor's lieutenant, had the 
 title of prw/eclus, or lef/atm kyiouis. (Tacit. Hhit. 
 i. 82.) The first appointment of this kind appears 
 to have taken place in the reign of Augustus, and 
 Tacitus mentions the existence of the office in the 
 reign of Tiberius. The authority of the legatus 
 was superior to that of the tribunes, who Iiefore 
 were responsible only to the consul. In speaking 
 of the officers of a legion, Vegetius (ii. 7) mentions 
 two tribunes (probably meaning two classes of tri- 
 bunes), of which the first, called tribunus major, 
 received his commission from the emperor ; the 
 other, called tribunus minor, rose to that rank by 
 merit or length of service. Subordinate to the tri- 
 bunes were, in each cohort, the several centurions, 
 who bore the general name of ordinarii (ii. 8). To 
 every hundred men there were probably at one time 
 only the centurio, whose post was in front of the 
 division, and the optio, who remained in the rear ; 
 but it appears that Augustus and Vespasian increas- 
 ed the number of officers of this class ; for Vegetius 
 observes that those whom these two emperors add- 
 ed to the ordinarii were called Aiyustales and 
 Fluritili's (ii. 7). The decurions, or decani, were, as 
 formerly, the leaders of files. According to Dion 
 Cassius, seven cohorts of troops were instituted by 
 Augustus for the defence of the city, and these 
 bore the name of viyilcs. It appears, however, that 
 in the time of 'J'acitus they ceased to be considered 
 as soldiers ; for that writer takes no notice of them 
 wlien, in enumerating the guards of Rome, he 
 mentions three urban and nine praetoiim cohorts. 
 (Tacit. Ann. iv. 5, and Lipsius's note.) 
 
 In a fragment of Arrian (the author of the 
 work on tlie Tactics of tlie Greeks) we have 
 a brief notice of the constitution of a Roman 
 army during the reign of Hadrian, and the de- 
 scription will probably serve for any age between 
 that time and the dissolution of the empire. It 
 was regulated that, when drawn up in order of 
 battle, the legions should be in one line eight 
 deep, and no mention is made of any division 
 of the troops into hastati, jirincipes, and triarii. 
 The four first ranks were armed with the pilum, 
 and the others with slender pikes or javebns. The 
 men in the front rank were to present their pila at 
 the level of the enemy's horses' breasts, and those 
 in the second, third, and fourth ranks were to stand 
 ready to throw theirs. A ninth rank was to consist 
 of archers, and behind all were the catapultae for 
 projecting darts and arrows, and balistae for 
 throwing stones, over the heads of the men in front. 
 The cavalry were directed to be in the rear of the 
 legions, probably in the event of being obliged to 
 quit their stations on the wings. On the enemy 
 making a charge, the second and third ranks were 
 to close up to the first, and all these were to pre- 
 sent their pila : the men in the fourth rank were to 
 throw their weapons directly forward, and those in 
 the rearwere to discharge theirs over the headsof the 
 others. The march of the anny was made in one 
 column. First came the Ronum light cavalry, in two 
 ranks ; these were followed by archers on horseback, 
 and by the allied cavalry ; then came the Armenian 
 archers on foot, and half of the allied infantry, 
 which was flanked by the cavalry of Achaia. The 
 elite of the Roman cavalry marched at the head of 
 the central division ; after them came the ordinary 
 
 H 
 
98 ARMY (ROMAN). 
 
 ARRA, ARRABO. 
 
 cavalr)', then the catapultae and the liglit troops 
 attached to the legions, followed by the legions 
 themselves in cohorts four men deep. At the head 
 of the legion marched the praefoct, his legate, the 
 tribunes, and the centurions of the first cohort. 
 The rear-guard consisted of the other half of the 
 allied infantry, and the baggage ; and the whole 
 was closed by the cavalry of the Getae. 
 
 After the settlement of the empire, Augustus 
 united with the troops which, under the name of 
 the praetorian cohort, had attended him as his 
 guard, two legions of infantry which had been 
 raised in Italy, and placed the whole in garrison in 
 the chief towns of that country ; but never al- 
 lowed more than three cohorts to be in one city. 
 (Suet. Aug. 49.) liberius afterwards assembled 
 this body of men in a fortified camp at Rome 
 (Suet. Tib. 37), but outside the walls of the city 
 (Suet. Ner. 48), and there, during 300 years, they 
 were at times the guards and the masters of the so- 
 vereign. In the time of Tiberius, there were nine 
 praetorian cohorts (Tacit. Anti. iv. 5), but their 
 number was increased to sixteen under Vitellius, 
 four of whom guarded the city. (Tacit. Hist. ii. 
 93.) When Severus had got possession of the 
 empire, subsequently to the murder of Pertinax by 
 these praetorians, he disarmed the latter, and 
 banished them from Rome ; but such an institution 
 was too convenient to be neglected by the despotic 
 monarch of a vast empire, and he immediately drew 
 from the legions of the frontiers the men most re- 
 markable for their strength and courage. (Dion 
 Cassius, Ixxiv. 2.) With these he formed an 
 anny of 25,000 men, to whom he gave pay 
 and privileges superior to those of the other 
 troops ; and their commander, the praetorian prae- 
 fect, was made both the head of all the military 
 force and the chief minister of the empire. By the 
 arrangements of Diocletian, a praetorian praefect 
 was appointed with both a military and a civil juris- 
 diction in each of the four great provinces, Italy, 
 Gaul,- lUyria, and the East, into which the empire 
 was then divided ; but a large body of guards, 
 imder the command of the praefect of Rome, con- 
 tinued to form the garrison of the city. Engaged 
 in the cause of Maxentius, these troops, almost 
 alone, withstood for a time the shock of Constan- 
 tino's Gallic army, and most of them are said to 
 have covered with their dead bodies the ground 
 which they occupied when in line {Panegi/i: Vet. 
 X. 17) ; but after the death of the former, the 
 fortified camp of the praetorians was destroyed, and 
 their institution was suppressed. (Zosimus, lib. 
 ii. ; Pan. Vet. ix.) 
 
 The command of all the armies of the empire was 
 then committed by Constantino to two officers, 
 who had the title of maiiistri niilitum ; one of these 
 was placed over the cavalry, and the other over the 
 infantry, yet both commanded indifferently the 
 troops of both classes in any one army. (Zosimus, 
 lib. ii.) On the division of the empire their num- 
 ber was doubled ; and in the reign of Constantius 
 it was increased to eight. According to Vegetius 
 (ii. 9), the magister militum was a man of distin- 
 guished birth, but this writer observes that the 
 troops were actually commanded by the praefectus 
 legionis, who held an intermediate rank between 
 the magister militum and the tribunes, who were 
 placed over the cohorts. 
 
 The hope of preventing those acts of insubordi- 
 nation which had occurred among the legionary 
 
 troops, appears to have induced Constantine, or his 
 immediate successors, to diminish the strength ol 
 those bodies ; and, from a computation founded or. 
 the number of the troops which garrisoned Amida 
 when it was besieged by Sapor, it appears that a 
 Roman legion could not then have consisted oi 
 more than 1500 men. (Ammian. Marcell. xix. 2. 5.) 
 Of these comparativelj' small bodies there were 
 about 132 in the whole empire ; they were, however, 
 not only without the discipline which characterised 
 the Roman line of battle in former times, but the 
 progress of luxury had so far enervated the class of 
 free citizens, that a sufficient number could not be 
 found to fill the ranks of the army. Slaves were 
 admitted into every corps except the superior class 
 of cavalry ; and the boldest of the Franks and Goths 
 were allowed, for the sake of their services, to 
 attain the highest militarj' posts. In this age ap- 
 pear the first indications of the feudal tenures ; for 
 the lands bestowed on the veterans, as the reward 
 of valour, were granted on condition that the sons 
 of those men should, like their fathers, serve the 
 state in the wars. (Corfar Tlieodos. lib. vii.) 
 
 The reputation of the Roman arms was upheld 
 for a time in the West by the troops under Aetius, 
 and in the East by the martial virtues of Belisarius; 
 and the last notice we have of an engagement sus- 
 tained in the spirit of the ancient battles, is that 
 given by Procopius, in his account of the Persian 
 war (i. 12), when, describing an action on the 
 Euphrates, between the troops of that nation and 
 those of Justinian, he says the latter presented a 
 front which opposed to the assaults of the enemy's 
 cavalry an impenetrable line of pikes, while the 
 bucklers of the men protected them from the flights 
 of arrows with which they would have, otherwise, 
 been overwhelmed. From this time a Roman army 
 began to assunilate to that of an Asiatic people ; 
 its strength consisting in its cavalry, which was 
 armed with cuirass, helmet, and greaves, and which 
 had acquired dexterity in the use of the javelin 
 and bow ; while the infantry, fonned of men 
 taken from the lowest rank in society, ill-armed 
 and disciplined, served chiefly as artificers or 
 labourers, or attendants on the horsemen, and, 
 in action, engaged only with an infantry like 
 themselves. [J. N.] 
 
 ARQUA'TUS, a person afflicted with the 
 arquatiis morbus (Cehs. De Med. iii. . 24), or 
 jaundice. (Lucret. iv. 333 ; Lurida praeierea 
 fiu7ii qucwcunque tmntur Arquuti, Varro, ap. 
 Non. Marc. i. 151 ; Arqmitis quae lutea non sunt, 
 (wque, ut lutea vi(lentui\ Plin. Hist. Nat. xx. 44 ; 
 Lucil. ap. Non. Mare. I. c.) This disease (called 
 also f/fT€pos, auriflo., regiiis morbtis) derives its name 
 from the yellow tint diffiised over the body, imi- 
 tating in a manner the colours of the rainbow. 
 (Isid. Oriff. iv. 8 ; Non. Marc. v. 14. in arqui 
 .limilitudinem.) It is sometimes spelled arcuatus, 
 but less correctly, as (according to Nonius, /. c.) 
 arcus signifies any arch, but arquus only the iris, 
 or rainbow, as Lucretius (vi. 525), — Turn color in 
 niffris existit mibibus arqui. [W. A. G.] 
 
 ARRA, AR'RABO, or ARRHA, AR'RHABO, 
 is defined by Gaius (iii. 139) to be the " proof of a 
 contract of bunng and selling ;" but it also has a 
 more general signification. That thing was called 
 arrha which the contracting parties gave to one 
 another, whether it was a sum of money or any 
 thing else, as an evidence of the contract being 
 made : it was no essential part of the contract of 
 
'APPH'tO'PIA. 
 
 buying and selling, but only evidence of agreement 
 I as to price. (Gaius, Dig. 18. tit. 1. s. 35.) If the 
 irrha was given as evidence of a contract absolute- 
 y made, it was called arrha paclo perfedo data; 
 if it was given as evidence of a contract to be made 
 :i future time, it was called arrha pacto imper- 
 i/atii. In the latter case, the party who re- 
 ■ il to complete the contract lost the arrha which 
 )' had given ; and when he had received an arrha, 
 tat given none, he was obliged to restore double 
 .he amount of the arrha. Yet the bare restoration 
 if the arrha was sufficient, if both parties consent- 
 ?d to put an end to the contract, or if performance 
 if the contract was resisted by either party on 
 jjufficient grounds. In the former case, the arrha 
 jjniy served, if dispute arose, as evidence of the 
 "inalterable obligation of the contract, and a party 
 [ito the contract could not rescind the contract even 
 with the loss of the arrha, except by making out a 
 oroper case. Hence arose the division of the arrha 
 'nto confirmatoria and poenitentialis. If in the 
 ■'ormer case the contract was not completely per- 
 brmed, the arrha was restored, and the party who 
 \vas in fault lost the arrha which he had given. 
 ^But when the contract was completely performed, 
 ■ n all cases where the arrha was money, it was re- 
 'itored, or taken as part of the price, unless special 
 'mstoms determinad otherwise ; when the arrha was 
 I ring or any other thing, not money, it was re- 
 stored. The recovery of the arrha was in all cases 
 i)y a personal action. 
 
 , The arrha in some respects resembles the deposit 
 )f monej^ which a purchaser of land in England 
 [renerally pays, according to the conditions of sale, 
 ')n contracting for his purchase. 
 
 The term arrha, in its general sense of an evi- 
 lence of agreement, was also used on other 
 iccasions, as in the case of betrothment {sponsaliaj. 
 -Marriage.] Sometimes the word arrha is used 
 i-i synonymous with pignus (Terentius, Hcautont. 
 ii. 3. 42), but this is not the legal meaning of the 
 enn. (Thibaut, System des Paiidckten-Rechts. 
 i 144; Dig. 18. tit. 1. s. 35; tit. 3. s. 6 ; 14. 
 it. 3. s. S. § 15; 19. tit. 1. s. 11. § 6; Cod. 4. 
 it. 21. s. 17 ; Gellius, xvii. 2 ; compare Bracton, 
 i. c. 27. De acquirendo Rerum Domhiio in Causa 
 '^^iHp/Mr/is, and what he saj'S on the arrha, with the 
 jassage in Gaius already referred to.) [G. L.] 
 
 "APPH*0'PIA, a festival which, according to 
 he various ways in which the name is written 
 for we find epcrricpopia or ipprjcpopia) is attributed 
 0 different deities. The first form is derived from 
 ipprira, and thus would indicate a festival at 
 vhich mysterious things were carried about. The 
 ither name would point to Erse or Herse, who was 
 lelieved to be a daughter of Cecrops, and whose 
 ■.vorship was intimately connected with that of 
 ■Athena. But even admitting the latter, we still 
 lave sufficient ground for believing that the festival 
 .vas solemnized, in a higher sense, in honour of 
 Athena. {Etym<A. Mu;;. s. r. ^Apprjfopoi.) It was 
 leld at Athens, in the month of Skirophorion. 
 -•"our girls, of between seven and eleven years 
 appri^opoi, fpar)(p6poi, 4ppi}<p6poi : Aristoph. Li/sist. 
 >42). were selected every year from the most dis- 
 inguished families, two of whom superintended 
 he weaving of the sacred peplus of Atliena, which 
 vas begun on the last day of Pyanepsion (Suid. 
 . XaXKila) ; the two others had to carry the 
 nysterious and sacred vessels of the goddess, 
 rhese latter remained a whole year on the Acro- 
 
 'APTEMI'SIA. 
 
 99 
 
 polls, either in the Parthenon or some adjoining 
 building (Harpocrat. s. r. Afnrvo(p6pos: Paus. i. 
 27. § 4) ; and when the festival commenced, 
 the priestess of the goddess placed vessels upon 
 their heads, the contents of which were neither 
 known to them nor to the priestess. With these 
 they descended to a natural grotto within the 
 district of Aphrodite, in the gardens. Here they 
 deposited the sacred vessels, and carried back 
 something else, which was covered and likewise 
 uiikno\vn to them. After this the girls were dis- 
 missed, and others were chosen to supply their 
 place in the acropolis. The girls wore white robes 
 adorned with gold, which were left for the god- 
 dess ; and a peculiar kind of cakes was baked for 
 them. To cover the expenses of the festival, a 
 peculiar liturgy was established, called dp^rjrpopia.. 
 All other details concerning this festival are un- 
 kno^vn. [L. S.] 
 
 ARROGA'TIO. [Adoptio.] 
 'APSENIKO'N, quod Latini ob colorem " auri- 
 pigmenturii''' vacant (Isid. Hisp. Oriy. xix. IG), does 
 not mean what is commonly called arsenic, but the 
 sesrjui-sulphuret of arsenic, OT orpiment. (Brande's 
 Cliemistry.) According to Galen {De Medicam. 
 KarA yffrj, iii. 2. p. 593. ed. K'lihn), it was com- 
 monly called dpa-eyiKov in his time, but un-o raiv 
 OTTiKifeii' TO, ■Kavra ^ovKofxivuv, " by those who 
 wished to make every word conform to the Attic 
 dialect," dip^viKov. The former word is found 
 in our copies of Celsus {De Med. v. S), and 
 Pliny {H. N. xxxiv. 56), where a description of 
 the substance and of its medical properties is given. 
 No satisfactory derivation of the word has been 
 proposed. [W. A. G.] 
 
 AR'TABA {dpTaSf\), a Persian measure of 
 capacity, which contained, according to Herodotus 
 (i. 192), 1 medimnus and 3 choenices (Attic) = 
 102 Roman sextarii = 12 gallons 5"092 pints ; but, 
 according to Suidas, Hesychius, Polyaenus {Strut. 
 iv. 3. 32), and Epiphanius, it contained 1 Attic 
 medimnus = 96 sextarii Z3 1 1 gallons 7'1456 pints. 
 There was an Egyptian measure of the same name, 
 of which there were two sorts, the old and the 
 new artaba. (Didymus, c 19.) The old artaba 
 contained 4^ Roman modii = 72 sextariirz:8 gal- 
 lons 7'359 pints. It was about equal to the Attic 
 metretes; and it was half of the Ptolemaic 
 medimnus, which was to the Attic medimnus 
 as 3 : 2. The later and more common Egyptian 
 artaba contained 3g- modii = 53^ sextarii — 6 
 gallons 4-8586 pints. (Rhemn. Fann. Carmen de 
 Fund, et Mens. v. 89, 90; Hieron. Ad Ezcch. 5.) 
 It was equal to the Olympic cubic foot, and about 
 half as large as the Persian artaba. (Bijckh, 
 Mctroloq. Untersiicli. p. 242 ; Wurm, De Pond., 
 &LC. p. 133.) [P. S.] 
 
 'APTEMr2IA, a festival celebrated at Syracuse 
 in honour of Artemis Potamia and Soteira. (Pind. 
 P>/t/i. ii. 12.) It lasted three days, which were 
 principally spent in feasting and amusements. 
 (Liv. xxv. 23 ; Plut. MaraH. 18.) Bread was 
 ottered to her under the name of Aox'a. (Hesych. 
 s. )■.) Festivals of the same name, and in honour 
 of the same goddess, were held in many places in 
 Greece ; but principally at Delphi, where, according 
 to Hegesander (Athen. vii. p. 325), they offered 
 to the god a mullet on this occasion ; because it 
 appeared to hunt and kill the sea-hare, and thus 
 bore some resemblance to Artemis, the goddess of 
 hunting. The same name was given to the festi- 
 
 H 2 
 
100 ARVALES FRATRES. 
 
 ARVALES FRATRES. 
 
 vals of Artemis in Cyrene and Ephesus, though in 1 
 the latter place the goddess was not the Grecian 
 Artemis, but a deity of Eastern origin. [L. S.] 
 
 ARTE'RIA (aprrjpia), a word commonly 1 
 (but contrary to all analogy) derived diro rov 
 depa TTipfiv, ah atre serra»do; because the 
 ancients, ignorant of the circulation of the blood, 
 and finding the arteries always empty after death, 
 supposed they were tubes containing air. (Cic. 
 De A'at. Deor. ii. 55. Saniinis per roias in omne 
 corpus lUffimditur, et spiritus per arterias ; Com- 
 pare Seneca, Qiuwst.Nat. iii. 15. § 2; Plin. H.N. 
 xi. 88, 89.) The word was applied to the trachea 
 by Hippocrates {Epulem. vii. 654. 663. ed. K'lihn) 
 and his contemporaries, by whom the vessels now 
 called arteries were distinguished from the reins 
 by the addition of the word crcpv^o). By later 
 writers it is used to signify sometimes the trachea 
 (Arist. Hint. Anim. i. 13. § 5 ; Macrob. Saturn. 
 vii. 15 ; Aret. p. 24. ed. Kiihn), and in this sense 
 the epithet rpTyxfia, aspera, is sometimes added 
 (Aret. p. 31 ; Cic. Dc Nat. Deor. ii. 54 ; Cels. De 
 Med. iv. 1); sometimes a?i artery (Cels. De Med. 
 iv. 1, Art.., quas KafiwrlSas vacant; ibid. ii. 10 ; 
 Plin. H. N. xi. 88 ; Aret. p. 31, 277, &c.), in 
 which sense the epithet Aeia, laevis, is sometimes 
 added to distinguish it from the trachea; and 
 sometimes, in the plural number, the bronchia 
 (Auct. Ad Hcrenn. iii. 12 ; Aul. Cell. N. Att. 
 X. 26 ; Aret. p. 25, &c.) 
 
 Notwithstanding the opinion of many of the 
 ancients, that the arteries contained only air, it is 
 certain that the more intelligent among them knew 
 perfectly well, l.That the}' contain blood (Aret. 
 p. 295. 303, where arteriotomy is recommended), 
 and even that this is of a different nature from that 
 which is in the veins. (Galen, De Usu Part. Corp. 
 Hum. ■s'ii. 8, who calls the pulmonary arteiy 
 <|)A.6i|/ apTT^pKLSris, because it conveys venous blood 
 although it has the fonn and structure of an artery.) 
 2. That the section of an artery is much more 
 dangerous and more difficult to heal than that of a 
 vein. (Cels. Dc Med. ii. 10.) 3. That there is a 
 pidsation in the arteries which does not exist in 
 the veins ; and of which the variations are of great 
 value, both as assisting to form a correct diagnosis, 
 and also as an indication of treatment. ( See Galen, 
 De Usu Puis., De Causis Puis., &c., and De 
 Vcri. et Artcriar. Dissect.) [W. A. G.] 
 
 ARTOP'TA. [PisToR.] 
 
 ARU'RA {apovpa), a Greek measure of surface, 
 which, according to Suidas, was the fourth part of 
 the irAeflpoc. The v\i6pov, as a measure of 
 length, contained 100 Greek feet ; its square there- 
 fore^ 10,000 feet, and therefore the arura= 2500 
 Greek square feet. 
 
 Herodotus (ii. 168) mentions a measure of the 
 same name, but apparently of a different size. He 
 says that it is a hundred Egj'ptian cubits in every 
 direction. Now the Egj'ptian cubit contained 
 nearly 17f inches (Hussey, Ancient Wcujhfs, &c. 
 p. 237); therefore the square of 100 X 17f inches, 
 i.e. nearly 148 feet, gives the number of square 
 feet (English) in the arura, viz. 21,904. (Wurm, 
 Dc Pond. &c. p. 94.) [P. S.] 
 
 ARUS'PEX. [Haruspex.] 
 
 ARVA'LES FRATRES. The fratrcs arvales 
 fonned a college or company of twelve in number, 
 and were so called, according to Varro (^De Ling, 
 hat. V. 85. Miiller), from offering public sacrifices 
 for the fertility of the fields (sacra piMica faciunt 
 
 proptcrea, id frugcs fcrant arva). That they were 
 of extreme antiquity is proved by the legend which 
 refers their institution to Romulus, of whom it is 
 said, that when his nurse Acca Laurentia lost one oi 
 her twelve sons, he allowed himself to be adopted 
 by her in his place, and called himself and the 
 remaining eleven " Fratres Arvales." (Masurius 
 Sabinus, apud Aul. Cell. vi. 7.) We also find a 
 college called the Sodales Tiiii, and as the lattei 
 were confessedly of Sabine origin, and instituted 
 for the purpose of keeping up the Sabine religious 
 rites (Tacit. Anii. i. 53), there is some reason for 
 the supposition of Niebuhr {Rom. Hist. i. p. 303. 
 transl.), that these colleges corresponded one to 
 the other — the Fratres Arvales being connected 
 with the Latin, and the Sodales Titii with the 
 Sabine, element of the Roman state, just as there 
 were two colleges of the Lupcrci, namely, the Fctbii 
 and the Quinctilii, the former of whom seem to 
 have belonged to the Sabines. 
 
 The office of the fratres arvales was for life, 
 and was not taken away even from an exile or 
 captive. They wore, as a badge of office, a chaplet 
 of ears of com (sjneea corona) fastened on their 
 heads with a white band. (Plin. xviii. 2.) The 
 number given by inscriptions varies, but it is never 
 more than nine ; though, according to the legend 
 and general belief, it amounted to twelve. One of 
 their annual duties was to celebrate a three days' 
 festival in honour of Dea Dia, supposed to be Ceres, 
 sometimes held on the xvi., xiv., and xiii., some- 
 times on the VI., iv., and in. Kal. Jun., i. e. on the 
 17th, 19th, and 20th, or the 27th, 29th, and 30th 
 of May. Of this the master of the college, ap- 
 pointed annually, gave public notice (indicchd) 
 from the temple of Concord on the capitol. On the 
 first and last of these days, the college met at the 
 house of their president, to make offerings to the 
 Dea Dia ; on the second they assembled in the 
 grove of the same goddess, about five miles south 
 of Rome, and there offered sacrifices for the fertility 
 of the earth.* But besides this festival of the 
 Dea Dia, the fratres arvales were required on 
 various occasions, under the emperors, to make 
 
 * An account of the different ceremonies of 
 this festival is preserved in an inscription, which 
 was written in the first j'ear of the Emperor 
 Elagabalus (a. d. 218), who was elected a member 
 of the college under the name of M. Aurelius Anto- 
 ninus Pius Felix. (Marini, Attie Monumeiiti degli 
 Arvali, tab. xli. ; Orelli, Corp. Inscrip. nr. 2270.) 
 The same inscription contains the following song 
 or hymn, which appears to have been sung at this 
 festival from the most ancient times : — 
 
 E nos. Eases, iuvate. 
 
 Neve luerve, Marmar, sins incurrere in pleoris : 
 
 Satur furere, Mars, limen sali, sta berber : 
 
 Semunis alternei advocapit conctos. 
 
 E nos. Manner, iuvato : 
 
 Triumpe, triumpe, triumpe, triumpe, triumpe. 
 
 Klausen, in his work on this subject {Di 
 Carmine Fratrmn Arvalium, p. 23), gives the fol- 
 lowing translation of the above : — 
 
 Age nos. Lares, juvate. 
 
 Neve hiem. Mars, sinas incurrere in plures: 
 
 Satur furere. Mars, pede pulsa limen, sta verbere ; 
 
 Semones alterni advocabite cunctos. 
 
 Age nos. Mars, juvato : 
 
 Triumphe, &c. 
 
AS. 
 
 vows and offer up thanksgivings, an enumeration 
 . of which is given in Facciolati. {Le.r. s. v.) Strabo, 
 indeed (v. informs us that, in the reign of 
 'I'ilierius, these priests (lipoiJ.vrifiovfs) perfonned 
 sacritices called the ambarvalia at various places 
 on the borders of the ager Romanus, or original 
 I territory of Rome (Arnold, Hum. Hist. i. p. 31 ) ; and 
 amongst others, at Festi, a place between five and 
 six miles from the city, in the direction of Alba. 
 . There is no boldness in supposing that this was a 
 I custom handed down from time immemorial, and, 
 .moreover, that it was a duty of this priesthood to 
 . invoke a blessing on the whole territory of Rome. 
 • It is proved by inscriptions that this college ex- 
 listed till the reign of the Emperor Gordian, or A.n. 
 325, and it is probable that it was not abolished 
 .till A. D. 400, together with the other colleges of the 
 i Pagan priesthoods. 
 
 j The private ambarvalia were certainly of a 
 different nature from those mentioned by Strabo, 
 and were so called from the victim {/mstia amhar- 
 \ralu's) that was slain on the occasion being led three 
 (times round the cornfields, before the sickle was 
 j put to the com. This victim was accompanied by 
 I a crowd of merry-makers (chorus et socii), the 
 , reapers and fann-servants dancing and singing, as 
 I they marched along, the praises of Ceres, and 
 , pniying for her favour and presence, while they 
 - offered her the libations of milk, honey, and wine. 
 : (Virg. Gear. i. 338.) This ceremony was also called 
 ^a /«rfra/io(Virg. Ed. v. 83), or purification ; and 
 ,for a beautiful description of the holiday, and the 
 prayers and vows made on the occasion, the reader 
 (is referred to Tibidlus, lib. ii. eleg. i. It is, per- 
 haps, worth while to remark that Polybius (iv. 21 
 § 9) uses language almost applicable to the Roman 
 ambarvalia in speaking of the Mantineans, who, he 
 I says (specifying the occasion), made a purification, 
 .and carried victims round the city, and all the 
 country : his words are — 'Ot MavTicetj Kadapixdv 
 iirotriaavro, Kol t!<p6.yia vepiriveyKav Tjjs re iro- 
 A6£i)r kvkKo} Kol T))$ X'^P"^ vaaris. 
 
 There is, however, a still greater resemblance to 
 the rites we have been describing, in the ceremonies 
 of the rogation or gang week of the Latin 
 'church. These consisted of processions through 
 I the fields, accompanied with prayers (rogationes) 
 ■ for a blessing on the fruits of the earth, and were 
 continued during three days in Whitsun-week. 
 The custom was abolished at the Reformation in 
 consequence of its abuse, and the perambulation of 
 the parish boundaries substituted in its place. 
 (Hooker, Bed. Pol. v. 61.2; Wheatley, Com. 
 Pray. v. 20.) [R. W— N.] 
 
 , AS, or Lihra, a pound, the unit of weight 
 among the Romans. [Libra.] 
 
 AS, the unit of value in the Roman and old 
 Italian coinages, was made of copper, or of the 
 mixed metal called Abs. The origin of this coin 
 lias been already noticed under Abs. It was 
 originally of the weight of a pound of twelve 
 ounces, whence it was called «s liliralis and cws 
 grave. The oldest form of it is that which bears 
 the figure of an animal (a bull, ram, boar, or sow). 
 The next and most common form is that described 
 by Pliny (H. xxxiii. 3), as having the two- 
 faced head of Janus on one side, and the prow of 
 a ship on the other (whence the expression used 
 !)y Roman boj-s in tossing up, mpita aut navim, 
 Macrob. Sat. i. 7). The annexed specimen, from 
 the British Museum, weighs 4000 grains : the 
 
 AS. 101 
 
 length of the diameter in this and the two follow- 
 ing cuts is half that of the original coins. 
 
 Pliny (H. N. xxxiii. 13) informs us that in the 
 time of the first Punic war (b. c. 264 — 241), in 
 order to meet the expenses of the state, this weight 
 of a pound was diminished, and ases were struck 
 of the same weight as the sextans (that is, two 
 ounces, or one sixth of the ancient weight) ; and 
 that thus the republic paid off its debts, gaining 
 five parts in six : that afterwards, in the second 
 Punic war, in the dictatorship of Q. Fabius Maxi- 
 mus (about B.C. 217), ases of one ounce were 
 made, and the denarius was decreed to be equal 
 to sixteen ases, the republic thus gaining one half ; 
 but that in military pay the denarius was always 
 given for ten ases: and that soon after, by the 
 Papirian law (about b. c. 191), ases of half an 
 ounce were made. Festus also (s. v. Sejctanl. 
 Asses) mentions the reduction of the as to two 
 ounces at the time of the first Punic war. There 
 seem to have been other reductions besides those 
 mentioned by Pliny, for there exist ases, and parts 
 of ases, which show that this coin was made of 
 11, 10, 9, 8, 3, 1^, lA ounces ; and there are 
 copper coins of the Terentian family which show 
 that it was depressed to -Jg- and even of its 
 original weight. Several modern writers have 
 contended, cliiefly from the fact of ases being found 
 of so many different weights, that Pliny's account 
 of the reductions of the coin is incorrect, and that 
 these reductions took place graduall}' in the lapse 
 of successive centuries. But Bockh has shown 
 (Metrohg. Untersturh. § 28), that there is no trace 
 in early times of a distinction between the oes 
 grave and lighter money, that the Twelve Tables 
 know of no such distinction, that even after the 
 introduction of lighter money, fines and rewards 
 were reckoned in aes gra ve, and that the style of the 
 tnie Roman coins which still remain, bj' no means 
 proves that the heavier pieces are much older than 
 those of two ounces, but rather the contrarj'. His 
 conclusion is, that all the reductions of the weight 
 of the as, from a pound dovni to two ounces, took 
 
102 
 
 AS. 
 
 ASBESTOS. 
 
 place during the first Punic war. Indeed, if the 
 reduction had been very gradual, it is impossible 
 that the republic could have made by it that gain 
 which Pliny states to have been the motive for 
 the step. 
 
 The value of the as, of course, varied with its 
 weight. Some writers, indeed, suppose that a rise 
 took place in the value of copper, which compen- 
 sated for the reduction in the weight of the as ; so 
 that, in fact, the as librulis of Servius TuUius was 
 not of much greater value than the lighter money 
 of later times. But this supposition is directly 
 contradicted by Pliny's account of the reduction 
 in the weight of the as ; and it would appear that 
 the value of copper had rather fallen than risen at 
 the time when the reduction took place. (Bcickh, 
 Metrolog. Untersuch.\). 346, 347.) Before the re- 
 duction to two ounces, ten ases were equal to the 
 denarius = about pence English. [Denarius.] 
 Therefore the as = 3'4 farthings. By the reduc- 
 tion the denarius was made equal to 16 ases ; 
 therefore the as=2-|- farthings. 
 
 The as was divided into parts, which were 
 named according to the number of ounces they 
 contained. They were the deunx, deodans, dodrans, 
 les, septun.r, semis, quincunx, iriens, quadrans or 
 teruncius, seMam, sescunx or sescuncia, and unda, 
 consisting respectively of 11, 10, 9, 8, 7, 6, 5, 4, 
 3, 2, 1^, and 1 ounces. Of these divisions the 
 following were represented by coins ; namely, the 
 semis, quincunx, triens, quadrans, sextans, and uncia. 
 There is a solitary instance of the existence of the 
 dodrans, in a coin of the Cassian family, bearing 
 an S and three balls. We have no precise infor- 
 mation as to the time when these divisions were 
 first introduced, but it was probably nearly as 
 early as the first coinage of copper money. 
 
 The semis, semissis, or semi-as, half the as, or six 
 ounces, is always marked with an S to represent 
 its value, and very commonly with heads of Jupi- 
 ter, Juno, and Pallas, accompanied by strigils. 
 
 The quincunx, or piece of five ounces, is very 
 rare. There is no specimen of it in the British 
 Museum. It is distinguished by five small balls 
 to represent its value. 
 
 The triens, the third part of the as, or piece of 
 four ounces, is marked with four balls. In the 
 annexed specimen, from the British Museum, the 
 balls appear on both sides, with a thunderbolt on 
 one side, and a dolphin with a strigil above it on 
 the other. Its weight is 1571 grains. 
 
 The quadrans or teruncius, the fourth part of 
 the as, or piece of three ounces, has three balls to 
 denote its value. An open hand, a strigil, a dol- 
 phin, grains of corn, a star, heads of Hercules, 
 Ceres, &c., are common devices on this coin. Pliny 
 (H. N. xxxiii. 1 3) says that both the triens and 
 quadrans bore the image of a ship. 
 
 The sextans, the sixth part of the as, or piece o 
 two ounces, bears two kills. In the annexed 
 specimen, from the British Museum, there is e 
 caduceus and strigil on one side, and a cockle-sheL 
 on the other. Its weight is 779 grains. 
 
 The unda, one ounce piece, or twelfth of the as 
 is marked by a single ball. There appear on thii 
 coin heads of Pallas, of Roma, and of Diana, ships 
 frogs, and ears of barley. 
 
 After the reduction in the weight of the as, 
 coins were struck of the value of 2, 3, 4, and ever 
 10 ases, which were called respectively dussis oi 
 dupondius, tressis, quadrussis, and decussis. Othei 
 multiples of the as were denoted by words of simi- 
 lar formation, up to centussis, 100 ases ; but most 
 of them do not exist as coins. 
 
 In certain forms of expression, in which acs is 
 used for money without specifying the denomina- 
 tion, we must understand the as. Thus deni aeris. 
 mille aeris, decies aeris, mean respectively 10, 1000 
 1,000,000 ases. 
 
 The word as was used also for any whole whicl 
 was to be divided into equal parts ; and those parts 
 were called unciae. Thus these words were ap- 
 plied not only to weight and money, but to mea- 
 sures of length, surface, and capacity, to inherit 
 ances, interest, houses, farms, and many othei 
 things. Hence the phrases haeres ex asse, the 
 heir to a whole estate ; haeres ex dodrante, the heii 
 to the ninth part, &c. (See Cic. Pro Caecina, c. (5. 
 Pliny even uses the phrases semissem, A/ricat 
 (//. N. xviii. 6), and dodrantes et semiunciat 
 horarmn {II. N^. ii. 14). 
 
 The as was also called, in ancient times, assarim 
 (sc. nummus), and in Greek to aaadpiov. Accord- 
 ding to Polybius (ii. 15) the assarius was equal t( 
 half the obolus. On the coins of Chios we fine 
 aacrdpiov, auaapiov Tj/xurv, dacdpia Svw, dcradpit 
 Tpia. [P. S.] 
 
 ASBES'TOS, or AMIAN'TUS (dag^aros 
 dfudvTos). This mineral, which is generally white 
 and has sometimes a greenish hue, and which con- 
 sists of soft flexible fibres, was obtained by thf 
 ancients from India, from the vicinity of Carpasui 
 in Cyprus, and from Carystus in Euboea. In con 
 sequence of being found in the two latter localitie: 
 it was sometimes called " the flax of Carpasus ' 
 (AiVof Kapiracriov, Paus. i. 26. § 7), and also " th( 
 Carystian stone" (KiBos Kapv<TTios,Plut. De Orac 
 Def.). It was well adapted for making tlie wicki 
 of lamps, because it is indestructible by fire ; ane 
 hence the Greeks who used it for this pui-pose 
 gave it the name " asbestos," which means inex- 
 tinguishable. Pausanias {I. c.) mentions that th< 
 golden lamp which burnt day and night in tht 
 temple of Athena Polias, at Athens, had a \Adck c 
 this substance. 
 
 It was also spun and woven into cloth. Thus 
 manufactiu'ed it was used for napkins (x^'pff- 
 /j.aysia, Sotacus, ap. Ap. Difsc. H. Comment, c. 36, 
 X^ip^tJ-aKTpa, Strabo, x. Plut. /. c. ma/ijjae, Plin 
 
ASCIA. 
 
 "ASKAHni'EIA. 
 
 103 
 
 H. N. xix. 4), which were never washed, but 
 cleansed in a much more effective manner, when- 
 ever they required it, by being thrown into the fire. 
 
 Another use to which asbestine cloth was ap- 
 plied, was to preserve the remains of dead bodies 
 I burnt in the funeral pile. The corpse, haWnj? been 
 L i wrapt in a cloth of this substance, was consumed 
 i 1 with the exception of the bones, which were thus 
 kept together and preserved from being mingled 
 with the ashes of the wood. But the expense of 
 this kind of cloth was so great, that it could only 
 be used at the obsequies of persons of the most ex- 
 alted rank. The testimony of Pliny, who alone 
 has transmitted to us the knowledge of this species 
 of posthumous luxury, has been corroborated by 
 the discovery of pieces of the cloth in ancient Ro- 
 man or Italian sepulchres. The most remarkable 
 specimen of this kind was found at Rome, A. D. 
 1702, in a marble sarcophagus. The scull and 
 
 ■ ■ bones of the deceased were wrapt up in it. Its 
 
 ■ i dimensions were about five feet by six and a half. 
 ^ Since its discovery it has been carefully preserved 
 
 1 t in the Vatican Librart' ; and Sir J. E. Smith, who 
 I i saw it there, describes its appearance in the following 
 I ) terms {Tour on Continent^ v. ii. p. 201) : — " It is 
 coarsely spun, but as soft and pliant as silk. Our 
 guide set fire to one comer of it, and the very same 
 part burnt repeatedly with great rapidity and 
 I ■■ brightness without being at all injured." 
 I \ Although asbestos is still found naturally asso- 
 ciated with rocks of serpentine in Cornwall, and in 
 ' many foreign countries ; it is now scarcely used 
 ' except for some philosophical purposes, and, if 
 : I made into cloth, it is only in very small quantities, 
 land as a matter of curiosity. [J. Y.] 
 
 ! ASCI.\, dim. ASCIOLA {cKeirapvov, aK^irap- 
 \viov), an adze. 
 
 II Muratori {Ins. Vet. Tlies. i. 534 — 536) has pub- 
 lished numerous representations of the adze, as 
 it is exhibited on ancient monuments. We select 
 ■ the three following, two of which show the instru- 
 mient itself, with a slight variety of form, while 
 the third represents a shii>builder holding it in his 
 bright hand, and using it to shape the rib of a ves- 
 Isel. The blade of the adze was frequently curved, 
 !as we see it in all these figures, in order that it 
 ■might be emploj-ed to hoUow out pieces of wood 
 ISO as to construct vessels either for holding water 
 or for floating upon it. Calj'pso, in the Odyssey 
 i(v. 237), furnishes Ulysses both with an axe 
 {ire\iKvs), and with " a well-poLished adze," as 
 ithe most necessary instruments for cutting down 
 trees and constructing a ship. 
 
 ; In other cases the curvature of the blade was 
 much less considerable, the adze being used merely 
 to cut off all inequalities, so as to make a rough 
 piece of timber smooth {usciare, do/are), and as far 
 as possible to polish it {potire). Cicero {De Leg. 
 ii. 23) quotes from the Twelve Tables the follow- 
 ing law, designed to restrain the expenses of fune- 
 rals : — Rogum ascia nc polito. 
 
 In using the adze the shipwright or carpenter 
 was always in danger of inflicting severe blows 
 upon his own feet, if he made a false stroke. 
 Hence arose a proverb applied to those who were 
 their own enemies, or did themselves injury : 
 — Ipse milii asciam in crus impegi (Petron. 
 Sal. 74). Another proverbial expression derived 
 from the use of the same tool occurs in Plautus 
 {Asin. ii. 2. 93). The phrase Jam hoc opus est 
 eM/sciati/m, means " This work is now begun," be- 
 cause the rough-hewing of the timber by means of 
 the ascia, the formation of balks or planks out of 
 the natural trunk or branches of a tree, was the 
 first step towards the construction of an edifice. 
 On the other hand we read in Sophocles of a seat 
 not even thus rough-hewn {^ddpov acTKiirapvov, 
 Oed. Co!. 101). The expression used is e([uiva- 
 lent to a|6(TToc irhpov {I. 19), and denoted a rock 
 in its natural state. 
 
 Both the substantive ascia, and the verb asciare 
 derived from it, retain the same signification in 
 modem Italian, which they had in Latin as above 
 explained. 
 
 Vitru\-ius (^-ii. 2) and Palladius (i. 14) give 
 directions for using the ascia in chopping lime and 
 mixing it so as to make mortar or plaster. For 
 this purpose we must suppose it to have had a 
 blunt unpolished blade and a long handle. In fact 
 it would then resemble the modem hoe, as used 
 either by masons and plasterers for the use just 
 specified, or by gardeners and agriculturists for 
 breaking the surface of the ground and eradicating 
 weeds. Accordingly Palladius (i. 43) in his enu- 
 meration of the implements necessary for tilling 
 the ground, mentions hoes with rakes fixed to 
 them at the back, — ascias in aversa parte referen- 
 tes rastros. 
 
 Together, with the three representations of the 
 ascia, we have introduced into the preceding wood- 
 cut the figure of another instrument taken from a 
 coin of the Valerian family. (Phil, a Turre, Mon. 
 vei. Antii, c. 2.) This instrument was called 
 AciscULUS. It was chiefly used by masons, 
 whence, in the ancient glossaries, Aciscularius is 
 translated Xoto^uos, a stone-cutter. The acisculus, 
 or pick, as shown in the above figure, was a little 
 curved, and it terminated in a pointin one direction, 
 and was shaped like a hammer in the other. Its 
 helve was inserted so that it might be used with 
 the same kind of action as the adze. Also, as the 
 substantive ascia gave origin to the verb exasciare, 
 meaning to hew a smooth piece of wood out of a 
 rough piece by means of the adze ; so acisculus gave 
 origin to exacisculare, meaning to hew any thing 
 out of stone by the use of the pick. Various mo- 
 numental inscriptions, published by Muratori 
 {I. c), warn persons against opening or destroying 
 tombs by this process. [J. Y.] 
 
 'A2KAHni'EIA is the name of festivals which 
 were probably celebrated in all places where 
 temples of Asclepius (Aesculapius) existed. The 
 most celebrated, however, was that of Epidaurus, 
 which took place every five years, and was so- 
 
104 'ASEBEI'AS rPA*H'. 
 
 Imnized with contests of rhapsodists and musi- 
 cians, and with solemn processions and games. 
 'A(rKA.r)7ri€io are also mentioned at Athens (Aes- 
 chines, c. Ctesiph. p. 455 ; Biickh, Staatslutush. 
 ii. p. 253), which were, probably, like those of 
 Epidaurus, solemnized with musical contests. They 
 took place on the eighth day of the month of 
 Elaphebolion. [L. S.] 
 
 'ASKn'AIA (tile leaping upon the leather bag) 
 was one of the many kinds of amusements in 
 which the Athenians indulged during the Anthe- 
 steria and other festivals in honour of Dionysus. 
 The Athenians sacrificed a he-goat to the god, 
 made a bag out of the skin, smeared it with oil, 
 and then tried to dance upon it. The various 
 accidents accompanying this attempt afforded great 
 amusement to the spectators. He who succeeded 
 was victor, and received the skin as a reward. 
 (Schol. on ArUtnph. Plut. 1130; Virg. Georg. ii. 
 384.) The Scholiast, however, erroneously calls 
 tiie ascolia a festival ; for, in reality, it only 
 formed a part of one. (See Pollux, ix. 1"21 ; 
 Hesych. 'AcrKMAidfoi/Tcs.) [L.S.] 
 
 'ASEBEI'AS rPA<!>H' was one of the many 
 forms prescribed by the Attic laws for the impeach- 
 ment of impiety. From the various tenor of the 
 accusations still extant, it may be gathered that 
 this crime was as ill-detincd at Athens, and there- 
 fore as liable to be made the pretext for persecution, 
 as it has been in all other countries in which the 
 civil power has attempted to reach offences so much 
 beyond the natural limits of its jurisdiction. The 
 occasions, however, upon which the Athenian ac- 
 cuser professed to come forward may be classed as, 
 first, breaches of the ceremonial law of public wor- 
 ship ; and, secondly, indications of that, which in 
 analogous cases of modem times would be called 
 heterodoxy, or heresy. The fonner comprehended 
 encroachment upon consecrated grounds, the plun- 
 der, or other injury of temples, the violation of 
 asylums, the intemiption of sacrifices and festivals, 
 the mutilation of statues of the gods, the introduc- 
 tion of deities not acknowledged by the state, and 
 various other transgressions peculiarly defined by 
 the laws of the Attic sacra, such as a private cele- 
 bration of the Eleusinian mysteries and their di\^ll- 
 gation to the uninitiated, injury to the sacred olive 
 trees, or placing a suppliant bough (i/ceTTjpi'o) on a 
 particular altar at an improper time. (Andoc. De 
 Mi/st. 110.) The heretical delinquencies may be 
 exemplified by the expulsion of J-'rotagoras (Diog. 
 Laert. ix. viii. 3) for writing that " he could not 
 learn whether the gods e.xisted or not," in the per- 
 secution of Anaxagoras (Diog. Laert. ii. iii. 9), like 
 that of Galileo in after times, for impugning the re- 
 ceived opinions about the sun, and the condemna- 
 tion of Socrates for not holding the objects of the 
 public worship to be gods. (Xen. Apol. .SVjc.) The 
 variety of these examples will have shown that it 
 is impossible to emmienite all the cases to which 
 this sweeping accusation might be extended ; and, 
 as it is not upon record that religious Athens 
 (Xen. Jii'p. At/i. iii. f!) was scandalised at the pro- 
 fane jests of Aristophanes, or that it forced Epicu- 
 rus to deny that the gods were indifferent to hu- 
 man actions, it is difficult to ascertain the limit at 
 which jests and scepticism ended, and penal impiety 
 began. 
 
 With respect to the trial, any citizen that pleased 
 c fiovhSnevos — (which, however, in this as in all 
 other public actions, must be understood of those 
 
 ASIARCHAE. 
 
 only who did not labour under an incapacitating 
 disfranchisement (driii'ia) — seems to have been a 
 competent accuser ; but as the nine archons, and 
 the areiopagites, were the proper guardians of the 
 sacred olives (^fioplai, trrjicoi, Lysias, Uepl roS 
 triKoD. 282), it is not impossible that they had also 
 a power of official prosecution upon casually dis- 
 covering any injury done to their charge. 
 
 The cases of Socrates, Aspasia, and Protagoras, 
 may be adduced to show that citizens, resident 
 aliens, and strangers, were equally liable to this 
 accusation. And if a minor, as represented in the 
 declamation of Antiphon, could be prosecuted for 
 murder {(povov), a crime considered hy the early 
 Greeks more in reference to its ceremonial pol- 
 lution than in respect of the injury inflicted upon 
 society, it can hardly be concluded that per- 
 sons under age were incapable of committing, or 
 suffering, for this offence. (Antiph. Tetnd. ii. 
 p. (;74.) 
 
 The magistrate, who conducted the previous ex- 
 amination (^dvaKpicrii) was, according to Meier 
 (Atf. Proc. 300. 304. n. 34), invariably the king 
 archon, but whether the court into which he brought 
 the causes were the areiopagus, or the common 
 heliastic coiirt, of both of which there are several 
 instances, is supposed (Meier, Att. Proc. 30.")) to 
 have been determined by the fonn of action adopted 
 by the prosecutor, or the degree of competency to 
 which the areiopagus rose or fell at the different 
 periods of Athenian history. From the Apolomi oj 
 Socrates we learn that the forms of the trial upon 
 this occasion were those usual in all public actions 
 [rPA^AI'], and that, genera/It/, the amount of the 
 penalty formed a separate question for the dicasts 
 after the conviction of the defendant. For some 
 kinds of impiety, however, the piniishment was 
 fixed by special laws, as in the case of persons in- 
 juring the sacred olive trees, and in that mentioned 
 by Andocidi's (De Mi/sf. 110). 
 
 If the accuser failed to obtain a fifth of the votes 
 of the dicasts, he forfeited a thousand drachmae, 
 and incurred a modified drijuio. The other forms 
 of prosecution for this offence were tlie dtra-yayrj 
 (Demosth. c. Amlrot. 601. 26), €(|)r)77;crij (Meier, 
 Att. Proc. 246), evSei^it (Andoc. De Mi/st. 8), 
 ■npo§o\r\ (Libanius, Arynment to Demosth. in Mid. 
 509. 10), and in extraordinary cases ei(yayy(\ia, 
 (Andoc. De Mijst. 43) ; besides these, Demosthenes 
 mentions (c. Androt. 601) two other courses that 
 an accuser might adopt, SiKi^fcffflai irpdsEu/iioXiriSas, 
 and (ppd^eiv irpos tou ^acriKla, of which it is diffi- 
 cult to give a satisfactory explanation. [J. S. M.] 
 ASIAR'CHAE (ao-iopxai) were, in the Ro- 
 man provinces of western Asia, the chief presi- 
 dents of the religious rites, whose office it was to 
 exhibit games and theatrical amusements every 
 year, in honour of the gods and the Roman empe- 
 ror, at their own expense, like the Roman acdiles. 
 As the exhibition of these games was attended 
 with great expense, wealthy persons were always 
 chosen to fill this office ; for which reason Strabo 
 says, that some of the inhabitants of Tralles, which 
 was one of the most wealthy cities in Asia Minor, 
 were always chosen asiarchs. They were ten in 
 number, selected by the different towns of Asia 
 Minor, and approved of by the Roman proconsul ; 
 of these, one was the chief asiarch, and frequently, 
 but not always, resided at Ephesus. Their office 
 only lasted for a year ; but they appear to have 
 enjoyed the title as a mark of courtesy for the rest 
 
'ASI'AAA. 
 
 ASSESSOR. 
 
 105 
 
 F their lives. (Strabo, xiv. p. G49 ; Acts, xix. I 
 1. with the notes of Wetstein and Kuinocl.) 
 
 title also occurs in a Greek inscription at 
 i-Mis in Mysia, copied by Mr. Fellows (Ejccursitm 
 I Asia Minor, p. 49). In the letter written by 
 ie church of Smyrna respecting tlie martyrdom 
 •fPolyairp (c. 12), we read that Philip the asi- 
 rch was requested by the infuriated people to let 
 HKi- a lion against Polycai-p, which he said it was 
 i)t lawful for him to do, as the exhibition of wild 
 iieasts (Kvvriytaia) had been finished. In another 
 l)art of this epistle (c. 21), Philip is called high 
 'iriest (apx^fp^vs), which appears to show that he 
 Inust have been chief asiarch of the province. 
 
 'ASl'AAA was a wooden pole, or yoke, held by 
 i man either on his two shoulders, or more com- 
 nonly on one shoulder only, and used for carry- 
 ing burthens. 
 
 I The paintings in the ancient tombs of Egypt 
 )rovc the general use of this implement in that 
 ';ountry, especially for carrying bricks, water-pails 
 \:o irrigate the gardens, and baskets with all kinds 
 ^)f provisions for the market. Mr. Burton found 
 •it Thebes a wooden yoke of this kind, with one of 
 itthe leather straps belonging to it. The yoke 
 '{which is now in the British Museum) is about 
 H feet long, and the strap about 1(3 inches. (Wil- 
 kinson, Mai/iiers arid Customs of Anc. Egypt, ii. 
 )5. 9.0. 137, 13f).) 
 
 I We also find this instniment displayed in works 
 p{ Grecian art. A small bronze lamp found at 
 'Stabiae (see the annexed woodcut) represents a 
 iboy carrj'ing two baskets suspended from a pole 
 fwhich rests upon his right shoulder. The two 
 'other representations here introduced, though of a 
 ifanciful or ludicrous character, show bj' that very 
 circumstance how familiar the ancients must have 
 Ibeen with the use of this piece of furniture. The 
 ■ first is from a beautiful sardonyx in the Florentine 
 museum : it represents a grasshopper carrj'ing two 
 baskets suspended each by three cords from the 
 ■extremity of the yoke, and skilfully imitates the 
 action of a man who is proceeding on a journey. 
 'The other is from a Greek painted vase (Sir W. 
 Hamilton's Vases, ii. 40), and under the disguise 
 if a satyr, shows the mode in which lambs and 
 
 other viands wore sometimes carried in preparing 
 for a sacrifice to Bacchus. In the collection of 
 antique gems at Berlin there are no less than four 
 representations of men carrying burthens in this 
 manner. ( Winckelmann, Pier res t/ravces du Baron 
 de Stosch, p. 517.) 
 
 Aristotle {Rlu-t. i. 7) has preserved an epigram 
 of Simonides, which was probably inscribed upon 
 the base of a sfcitue erected at Olympia to the in- 
 dividual whom it celebrates. It begins thus : — 
 Tlpdcrde fxiv dfiip' wixoiffiv ex^^ TpTJXfta^ aaiKKav, 
 
 'Ixflus ^1 'Ap7oi5s €ij Tcyeac ((pepov. 
 This poor man who had formerly obtained his 
 living by bearing " a rough yoke " upon his 
 shoulders to carry fish all the way from Argos to 
 Tegea, at length immortalised himself by a victory 
 at the Olympic g:imes. (Aiiihol. Graeca, i. 80. ed. 
 Jacobs.) 
 
 Aristophanes calls this implement avi<popov : he 
 introduces upon the stage a slave carrying a heavy 
 load by means of it ; and he describes tlu' act of 
 transferring it from one shoulder to another by 
 the phrase fieraSaAKofievos Tavd<popoi', (Ran. 8. 
 Eccks. 828. Schol. in he.) [J. Y.] 
 
 'ASni'S. [Clipeus.] 
 ASSA'RIUS NUMMUS. [As.] 
 ASSERES LECTICA'RII. [Lectica.] 
 ASSERTOR, or AUSERTOR, contains the 
 same root as the verb wherere, which, when coupled 
 with the word manu, signifies to lay hold of a thing, 
 to draw it towards one. Hence the phrase tu/serere 
 in li/jerfatem, or liLerali adserere manu, applies to him 
 who lays his hand on a person reputed to be a 
 slave, and asserts, or maintains his freedom. The 
 person who thus maintained the freedom of a re- 
 puted slave was called adsertor (Gains, iv. 1 4), and 
 by the laws of the Twelve Tables, it was enacted 
 in favour of liberty, that such adsertor should not 
 be caUed on to give security in the sacrament! actio 
 to more than the amount of L. asses. The person 
 wiiose freedom was thus claimed, was said to be 
 ajhertiis. The expressions liheralis cMusa, and 
 liberalis manus, which occur in classical autliors, in 
 connection with the verb miserere, will easily be 
 understood from what has been said. (Terent. 
 Adclph. II. i. 40 ; Plant. Poen. iv. ii. 83 ; see 
 also Dig. 40. tit. 12. De liherali Causa.) Some- 
 times the word adserere alone was used as equiva- 
 lent to adserere in. libertatem. (Cic. Pro Flaeco. 
 c. 17.) 
 
 The expression asserere in servitutem, to claim a 
 person as a slave, occurs in Livy (iii. 44 ; xxxiv. 
 18.) [G. L.] 
 
 ASSESSOR, or ADSESSOR, literally one who 
 sits by the side of another. The duties of an 
 assessor, as described by Paulus (Dig. 1. tit. 21. 
 s. 1.) related to " cognitiones, postulationes, libelli, 
 edicta, decreta, epistplae ;" from which it a|)pears 
 that they were employed in and about the adminis- 
 stration of law. The consids, praetors, governors of 
 provinces, and the judices, were often impert'ectly 
 acquainted with the law and the forms of proce- 
 dure, and it was necessary that they should have 
 the aid of those who had made the law their study. 
 The praefectus praetorio, and praefectus urbi,and 
 other civil and military functionaries had their 
 assessors. An instance is mentioned by Tacitus 
 {Ann. i. 75) of the Emperor Tiberius assisting at 
 the judicia {jiuliciis udsiileliaf), and taking his seat 
 at the comer of the tribunal ; but this passage can- 
 not be interpreted to mean, as some persons inter- 
 
106 
 
 ASTRAGALUS. 
 
 ASYLUM. 
 
 pret it, that the emperor sat there in the character 
 of an assessor, properly so called : the remark of 
 Tacitus shows that, though the emperor might have 
 taken his seat under the name of assessor, he could 
 be considered in no other light than as the head of 
 the state. 
 
 The Emperor Alexander Severus gave the asses- 
 sores a regular salary. (Lamprid. A/e,r. Sn\ 46.) 
 Freedmen might be assessores. In the later writers 
 the assessores are mentioned under the various 
 names of conciliarii, juris studiosi, coniites, &c. The 
 studiosi Juris, mentioned by Gellius (xii. 13), as 
 assistant to the judices (quos adhibere in comilium 
 judicaturi soient), were the assessores. Sabinus, 
 as it appears from Ulpian (Dig. 47. tit. 10. s. .5), 
 wrote a book on the duties of assessors. The asses- 
 sors sat on the tribunal with the magistrate. Their 
 advice, or aid, was given during the proceedings as 
 well as at other times, but they never pronounced 
 a judicial sentence. As the old fonns of procedure 
 gradually declined, the assessores, according to thi 
 conjecture of Savigny {Geschichte des Rom. Rechts 
 im Milielidter, i. 79), took the place of the 
 judices. [G. L.] 
 
 ASTRAG'ALUS, an astragal, one of the mould- 
 ings in architecture, more especially characteristic 
 of the Ionic order. 
 
 The astragal is always found as the lowest mem- 
 ber of the Ionic capital, forming the division be- 
 tween it and the fluted shaft of the column. Of 
 this we have a beautiful example in the remains 
 of the temple of Bacchus at Teos, which, as we 
 are informed by Vitruvius (iv. 3. 1. vii. Pracf. 12. 
 ed. Schneider), was built by Herniogenes of Ala- 
 banda, one of the most celebrated of the ancient 
 architects, and of which he wrote a full descrip- 
 tion. One of the ca]>itals of tliis temple is shown 
 in the annexed woodcut. Above the astragal we 
 see the echinus, and on each side of it the volute, 
 to which is added an ornament in imitation of the 
 aplustre of a ship. [Aplustre.] 
 
 The astragal was used with a beautiful effect 
 not only in Ionic, but also in Corinthian buildings, 
 to border or divide the three faces of the archi- 
 trave ; and it was admitted under an echinus to 
 enrich the cornice. The lower figure in the woodcut 
 shows a small portion of the astragal forming the 
 upper edge of an architrave, which is now in the 
 British Museum, and which was part of the temple 
 of Erechtheus at Athens. It is drawn of the same 
 size as the marble itself The term asirayalus, 
 employed by Vitruvius (iii. 5. 3 ; iv. 6. 2, 3) was 
 
 no doubt borrowed from Heimogenes and oth' 
 Greek writers on architecture. It denoted a bo 
 in the foot of certain quadrupeds, the form and u 
 of which are explained under the correspondii 
 Latin term Talus. A number of these bon 
 placed in a row would present a succession of ov 
 figures alternating with angular projections, wliic 
 was probably imitated in this moulding by the inve 
 tors of the Ionic order. The moulding afterwan 
 retained the same name notwithstanding grei 
 alterations in its appearance. Vitruvius speaks ■ 
 the " astragali" in the base of the Ionic columi 
 1 hese were plain semicircular mouldings, each i 
 which resembled the torus, except in being ver 
 much smaller. [Spira.] [J. Y.] 
 
 'A2TPATEI'A2 rPA<l>H' was the accusation ii 
 stituted against persons who failed to appear amor 
 the troops after they had been enrolled for th 
 campaign by the generals. (Lys. in Ale. i. 521. 
 Any Athenian citizen of the militarj' age seems t 
 have been liable to be called upon for this servicf 
 with the exception of Chorcutae, who appear t 
 have been excused when the concurrence of 
 festival and a campaign rendered the performanc 
 of both duties impossible (Petit. 664), and magis 
 trates during their year of office, and farmers of th 
 revenue, though the case cited in Demosthene 
 (Neaer. 1353. 24) suggests some doubts as to hov 
 far this last excuse was considered a sufficient plea 
 We may presume that the accuser in this, as in th' 
 similar action for leaving the ranks (^Kemora^lov) 
 was any citizen that chose to come forward (i 
 Pov\diJ.evos, oTs e^ea-rt), and that the court wa, 
 composed of soldiers who had served in the cam- 
 paign. The presidency of the court, accordint 
 to Meier, belonged to the generals (Att. Pruc. 363. 
 133). The defendant, if convicted, incurred dis 
 franchisement — dri/ii'a (Andoc. De Myst. 35) both 
 in his own person and that of his descendants, and 
 there were very stringent laws to punish thera ii 
 they appeared at the public sacra, to which even 
 women and slaves were admitted. (Aesch. in 
 Ctes. 73. Tayl. ; Demostli. in Timocr. 733. 11.) 
 
 [J. S. M.] 
 
 ASTYN'OMI {affTwonoL), or street police ot 
 Athens, were ten in number, five for the city, and 
 as many for the Peiraeus. Aristotle (as quoted by 
 Harpocrat. s. v.) says that they had to attend 
 to the female musicians, to the scavengers, and 
 such like. In general, they had to take care of 
 public decorum ; thus they could punish a man 
 for being indecently clad. (Diog. Laert. vi. 90.) 
 It would seem, from what Aristotle says {Polit. vi. 
 8. § 4, 5.), and from the functions which Plato as- 
 signs to his astytiomi {Legg. vi. p. 763), that they 
 had also the charge of the fountains, roads, and 
 pubUc buildings ; and it is supposed that Plu- 
 tarch's words ( 7'/«')n«/. c. 31 ), ore rwv 'Afl?)- 
 vrictv iiSdrwv €7ri(rTaTr)s ■^v, mean " when he was 
 astynomus." The astynoini and agoranomi dixnded 
 between them most of the functions of the Roman 
 aediles. The astjuomi at Thebes were called 
 TeAeapx"'. (Plutarch, Rcip. ger. Praecepi. p. (ill. 
 B.) [Agoranomi.] [J. W. D.] 
 
 ASY'LUM {&crv\ov). In the Greek states 
 the temples, altars, sacred groves, and statues of 
 the gods generally possessed the privilege of pro- 
 tecting slaves, debtors, and criminals, who fled to 
 them for refuge. The laws, however, do not ap- 
 pear to have recognised the right of all such sacred 
 places to afford the protection which was claimed ; 
 
ASYLUM. 
 
 n to have confined it to a certain number of i 
 ! nples, or altars, which were considered in a more ' 
 iloecial manner to have the dffvK'ta, or jus asyli. ' 
 (ion fait amjlum in omnibus templis nisi quibits con- 
 '■mtionis leqe conressum esset ; Servius on Virg. 
 
 ii. 761.) There were several places in 
 .hens which possessed this privilege ; of which 
 e best known was the Theseum, or temple of 
 iieseus, in the city, near the gymnasiu7n, which 
 jis chiefly intended" for the protection of the ill- 
 bated slaves, who could take refuge in this place, 
 tid compel their masters to sell them to some other 
 frson. (Plut. T}utseus, c. 36 ; Schol. on Aristoph. 
 Iquit. 1309 ; Hesych. and Suidas, s. v. @r](Tfiov.) 
 le other places in Athens which possessed the 
 jls asyli were : the altar of pity, i\fov ffufios 
 S'ausan, i. 17. § 1), which was situated in the , 
 |;ora, and was supposed to have been built by 
 jercules (Servius uii Virg. Aen. xiii. 342); the 
 )tar of Zeus 'Ayopaios : the altars of the twelve 
 ()ds ; the altar of the Eumenides on the Areio- 
 'ligus, the Theseum in the Piraeus ; and the 
 itar of Artemis, at Munychia (oux eu Movvvxia 
 l.-aflefeTo, Deraosth. De Cor. p. •26-2 ; Petit. Leg. 
 ft. p. 77 — 82 ; Meier and Schiimann, Ait. Proc. 
 ■ 404). Among the most celebrated places of 
 (sylum in other parts of Greece, we niaj' mention 
 |ie temple of Poseidon, in Laconia, on Mount 
 Saenanis (Thucyd. i. 128. 133 ; Com. Nep. Pans. 
 I 4) ; the temple of Poseidon, in Calauria (Plut. 
 pemosih. c. 29) ; and the temple of Athena Alea, 
 1 Tegea (Pans. iii. 5. § 6). 
 It would appear, however, that all sacred places 
 ■ere supposed to protect an individual to a certain 
 stent, even if their right to do so was not recog- 
 ised by the laws of the state, in which they were 
 i.tuated. In such cases, however, as the law gave 
 lo protection, it seems to have been considered 
 iwful to use any means in order to compel the in- 
 dividuals who had taken refuge to leave the sanc- 
 lary, except dragging them out by personal vio- 
 •nce. Thus it was not uncommon to force a per- 
 m from an altar or a statue of a god, by the 
 pplication of fire. We read in the Andromaclie 
 ii' Euripides (1. 2.5G), that Hermione says to 
 Imdromache, who had taken refuge at the statue 
 if Thetis, TTvp trol irpoaoiaai : on which passage 
 lie Scholiast remarks, " that it was the custom to 
 !pply fire to those who fled to an altar." (Compare 
 llurip. Hcrcul. Far. 1. 242.) In the same nian- 
 .er, in the Mostellaria of Plautus (v. i. 65), 
 .'heuropides says to the slave Tranius, who had 
 led to an altar. Jam jubebo ignem et sarmenta, car- 
 li/ex, circumclari. 
 
 1 In the time of Tiberius, the number of places 
 lossessing the jus asyli in the Greek cities in 
 
 ireece and Asia Minor became so numerous, as 
 
 eriously to impede the administration of justice, 
 in consequence of this, the senate, by the com- 
 laand of the emperor, limited the jus asyli to a 
 cities, but did not entirely abolish it, as 
 riuetonius {Tib. S7) has erroneously stated. (See 
 
 "acit. Ann. iii. 60 — 63 ; iv. 14. ; and Ernesti's 
 
 Vj:cursas on Suet. Tib. c. 37.) 
 The asylum which Romulus is said to have 
 
 pened at Rome, to increase the population of 
 (he city (Liv. i. 8 ; Virg. Aen. viii. 342 ; 
 Ijionys. ii. 15), was a place of refuge for the 
 'ihabitants of other states, rather than a sanc- 
 
 uary for those who had violated the laws of 
 
 he city. In the republican and early imperial 
 
 ATELLANAE FABULAE. 107 
 
 times, a right of asylum, such as existed in the 
 Greek states, does not appear to have been re- 
 cognised by the Roman law. Livy seems to speak 
 of the right (xxxv. 51) as peculiar to the Greeks : 
 — Templum est Apollinis Delium — eo jure sancto 
 quo sunt templa quae asi/la Graeci appellant. By a 
 constitutio of Antoninus Pius, it was decreed that, 
 if a slave in a province fled to the temples of the 
 gods or the statues of the emperors, to avoid the 
 ill-usage of his master, the praeses could compel the 
 master to seU the slave (Gaius, i. 53) ; and the 
 slave was not regarded by the law as a runaway 
 —fugitiras (Dig. 21. tit. 1. s. 17- § 13). This con- 
 stitutio of Antoninus is quoted in Justinian's In- 
 stitutes (i. tit. 8. s. 2), with a slight alteration ; 
 the words ad aedem sacram are substituted for ad 
 faiM deormn., since the jus asyli was in his time 
 extended to churches. Those slaves who took 
 refuge at the statue of an emperor were considered 
 to inflict disgrace on their master, as it was reason- 
 ably supposed that no slave would take such a 
 step, unless he had received very bad usage from 
 his master. If it could be proved that any indi- 
 vidual had instigated the slave of another to flee 
 to the statue of an emperor, he was liable to an 
 action corrupti serri. (Uig. 47. tit. 11. s. 5.) The 
 right of asylum seems to have been generally, but 
 not entu-ely, confined to slaves. (Dig. 48. tit. 19. s. 
 28. §7.) 
 
 The term aavKia was also applied to the securi- 
 ty from plunder (a'yvKia. Kal Kara yfiv Kal Kurd 
 ^dKacaav), which was sometimes granted by one 
 state to another, or even to single individuals. (See 
 Biickh, Corp. Iiixcrip. i. p. 725.) 
 
 'ATE'AEIA, immunity from public burthens, 
 was enjoyed at Athens by the archons for the 
 tune being ; by the descendants of certain persons, 
 on whom it had been conferred as a reward for 
 great services, as in the case of Harmodius and 
 Aristogeiton ; and by the inhabitants of certain 
 foreign states. It was of several kinds : it might 
 be a general immunity (areAeia diravTwv), or a 
 more special exemption, as from custom-duties, 
 from the liturgies, or from providing sacrifices 
 (dreAeio Upuiv : concerning this, see Demosth. c. 
 Lepd. § 105, Wolf; and Bockh, Corj). Inscript. i. 
 p. 122). The exemption from mihtary service was 
 also called areAeia. (Demosth. c. Neuer. p. 1353. 
 23.) [J. W. D.] 
 
 ATELLA'NAE FABULAE. The Atellane 
 plays were a species of farce or comedy, so called 
 from Atella, a town of the Osci, in Campania. 
 From this circumstance, and from being written in 
 the Oscan dialect, they were also called Ludi Osci. 
 Judging from the modem Italian character and 
 other circumstances, it is not unreasonable to sup- 
 pose, that they were at first, and in their native 
 country, rade improvisatory farces, without dra- 
 matic connection, but full of raillery and wit, 
 suggested by the contemporary events of the 
 neighbourhood. However this may be, the " Atel- 
 lane fables" at Rome had a peculiar and dramatic 
 character. Thus Macrobius {Saiur. lib. iii.) dis- 
 tinguishes between them and the less elegant 
 mimes of the Romans : the latter, he says, were 
 acted in the Roman language, not the Oscan ; they 
 consisted of only one act, whereas the Atellane and 
 other plays had five, with laughable exodia or in- 
 terludes ; lastly, as he thought, they had not the 
 accompaniment of the flute-player, nor of singing, 
 nor gesticulation {motus corporis). One character- 
 
108 ATELLANAE FABULAE. 
 
 ATELLANAE FABULAE. 
 
 istic of these plays was, that instead of the satyrs 
 and similar characters of the Greek satyric drama, 
 which they in some respects resembled, they had 
 Oscan characters drawn from real life, speaking 
 their language, and personating some peculiar class 
 of people in a particular locality. Such, indeed, 
 are the Harlequin and Pulcinello of tlie modern 
 Italian stage, called maschere or masks, and sup- 
 posed to be descended from the old Oscan charac- 
 ters of the Atellanae. Thus even now zanni is 
 one of the Harlequin's names, as sannio in the 
 Latin farces was the name of a buffoon, who had 
 his head shorn, and wore a dress of gay patchwork ; 
 and the very figure of Pulcinello is said to have 
 been found in the stucco painting of Pompeii, in the 
 old country of the Atellanae. (Schlegel 07i Dram. 
 Lit. lect. viii.) On this subject Lady Morgan 
 {Itdli/, c. 24) speaks as follows : — " The Pulcinello 
 of Italy is not like the Polichincl of Paris, or the 
 Punch of England ; but a particular character of low 
 comedy peculiar to Naples, as Pantalone is of 
 Venice, II Dottore of Bologna. Their name of 
 Maschere comes from their wearing masks on the 
 upper part of their faces. They are the remains of 
 the Greek and Latin theatres, and are devoted to 
 the depicting of national, or rather provincial, ab- 
 surdities and peculiarities." Again, at Cologne, or 
 Kciln, famous for its connection with the Romans, 
 there still exists a puppet theatre {Piipjie?/ Tlu idcr), 
 where droU farces are perfonned by dolls, and the 
 dialogue spoken in the patois or dialect of the coun- 
 try, and full of satirical local allusions, is carried 
 on by persons concealed. (^Murray^s IIii ndhouk.) 
 
 '^['hese Atcllane plays were not pnwU'ataiac, i. e. 
 comedies in which magistrates and persons of rank 
 were introduced ; nor iabentariue, the characters in 
 which were taken from low life : " they rather 
 seem to have been a union of high comedy and 
 its parody." They were also distinguished from the 
 mimes by the absence of low buffoonery and 
 ribaldry, being remarkable for a refined humour, 
 such as could be understood and appreciated by 
 educated people. Thus Cicero (Ad Famil. ix. 16) 
 reproaches one of his correspondents for a coarse- 
 ness in his joking, more like the ribaldry of the 
 mimes than the humour of the Atellane fables, which 
 in former times were the afterpiece in dramatic 
 representations (secan</«;« Oenomaum AtticuM,non ut 
 olimsijleLat Atdkmum, sed ut nunc fit, mimumintro- 
 dmidi). This statement of Cicero agrees with a 
 remark of Valerius Maximus (ii. I), that these 
 plays were tempered with an Italian severity of 
 taste ; and Donatus also ( Vita Tcren.) saj-s of them, 
 that they were remarkable for their antique ele- 
 gance, i. e. not of language, but of style and charac- 
 ter. This suggests an explanation of the fact, that 
 Atellanae were not performed by regular actors 
 (hisirkmes), but by Roman citizens of noble birth, 
 who were not on that account subjected to any de- 
 gradation, but retained their rights as citizens, and 
 might serve in the army. (Liv. vii. 2.) This was 
 not the case with other actors, so that the pro- 
 fession was confined to foreigners or freedmen. 
 Niebuhr, however, is of opinion, that all the three 
 kinds of the Roman national drama, and not the 
 Atellanae only, might be represented by well-born 
 Romans, without the risking of their franchise. 
 {Hist. Rom. vol. i. 520. transl.) 
 
 The Oscan or Opican language, in which these 
 plays were written, was spread over all the south 
 of Italy ; and as some inscriptions in it are intelli- 
 
 gible to us, we cannot wonder that plays vm 
 ten in Oscan were understood by the more educatt 
 Romans. One peculiarity of it was the use of 
 for (jii : thus, pid for quid. (Nieb. Hist. Roi. 
 vol. i. p. 68.) 
 
 However, in one part of these plays, called tl 
 cantictini (Herra. Opus. i. 295 ; De Fabula Topata 
 the Latin language, and sometimes the Gree 
 (Suet. Nero. c. 39), was used. Thus we are to) 
 (Suet. GaJlia, c. 13) that one of these caniiea opei 
 ed with the words, Venit lo simiiis a villa, " Th 
 baboon is come from his country-house and ; 
 Galba was entering Rome at the time, the audieiK 
 caught up the burthen of the song, joining i 
 chorus. It might be thought that this is true onl 
 of the time of the emperors ; but we find tht 
 even before then the Latin language was usee 
 as in the instances given below, and that, too, i 
 other parts besides the canticum. In connectio 
 with this, it may be remarked, that like every 
 thing else at Rome, the Atellanae degeneratei 
 under the emperors, so as to become more like th 
 mimes, tiU they were at last acted by coramoi 
 players. 
 
 They were written in verse, chiefly iambic, witl 
 many trisyllabic feet. Lucius Sulhi, the dictator 
 is believed to have wiitten plays of this sor 
 from a statement in Athenaeus (vi. p. 261), tha 
 he wrote satirical comedies in his native, i. e. th 
 Campanian, dialect (2aTupi/cai KUfj-aiSlai Trj irarpU 
 (fiuiv^ : Hennann, Opms. vol. v. De Ful>. Tog. 
 Quintus Novius, who flourished about fifty years 
 after Sylla's abdication, is said to have writtei 
 about fifty Atellane plays ; the names of some ol 
 these have come down to us, as iMacchus &ul, oi 
 " Macchus in Exile ;" OaUinaria, or the " Pod 
 terer Vim/emiatores, " the Vintagers ;" 6'e"'(/as 
 the " Deaf-man J'arcus, the " Thrifty-man 
 from this play has been preserved the line,— 
 " Quod magnopere quaesiverunt id frunisci not 
 queunt. Qui non parsit, apud se frunitus est.' 
 Fruniscor is the same as fruor. (Aulus GeUius, 
 xvii. 2.) 
 
 Lucius Pomponius, of Bononia, who lived about 
 B. c. 90, wrote Macchus Miles, the Pseudo- 
 Agamemnon, the Bucco Adoptatus, the Aeditunm 
 or Sacristan, &.c. In the last the following verse 
 occurred: — "Qui postquam tibi appareo, atque 
 aeditumor in templo tuo." Appareo here means 
 " to attend upon." The Macchus was a common 
 character in these plays, probably a sort of clown ; 
 the Bucco or Babbler was another. (Facciolati. 
 .<;. V. Bucco and Macchus.) These plays subse- 
 quently fell into neglect ; but were revived by a 
 certain Mummius mentioned by Macrobius, who 
 does not, however, state the time of the revival. 
 
 Subjoined is a specimen of Oscan, part of an 
 inscription found at Bantia, in Lucania, with the 
 Latin interpretation written underneath : — 
 In svae pis ionc fortis meddis moltaum herest 
 Et si quis cum fortis magistratus in iiltare volet, 
 Ampert mistreis alteis eituas moltas moltaum 
 licitud 
 
 Una cum 7iuigistris altis aerarii multae multare 
 licito. 
 
 Herest is supposed to be connected with x"'?')"'*'! 
 meddis with fxi^wv, ampert with d/j.<piv€pi. 
 
 For additional specimens of Oscan, the reader is 
 referred to Grotefend's Rudimenta Linguae Oscae, 
 from which is taken the example given above, and 
 also the interpretation of it. The fragments of 
 
ATHLETAE. 
 
 ATHLETAE. 
 
 109 
 
 unponius have been collected and edited by 
 link. [K, W— N.] 
 
 ATHENAE'UM, a school (ludus) founded by 
 ■ l lniperor Hadrian at Rome, for the promotion 
 litrrary and scientific studies [iiit/enicanim arliiim, 
 iic'lius Victor, c. 14. 2), and called Athenaeum 
 .10 the town of Athens, which was still regarded 
 tlir seat of intellectual refinement. (Dion Cass, 
 viii. p. (J3!!. E.) The Athenaeum appears to have 
 ■11 situated in the capitol. (Cod. xi. tit. 18.) 
 was a kind of university; and a staff of pro- 
 ■>iirs, for the various branches of study, was 
 ,'ularly engaged. Under Theodosius II., for ex- 
 i|)ie, there were three orators, ten grammarians, 
 ■e sophists, one philosopher, two lawyers, or juris- 
 jnsults. (Uion Cass. Ixxiii. p. ii3!!. E.) Besides 
 |e instruction given by these magistri, poets, ora- 
 Irs, and critics were accustomed to recite their 
 impositions there, and these prelections were some- 
 |nes honoured with the presence of the emperors 
 jemselves. (Lampridius, Alex. c. 35.) There were 
 flier places where such recitations were made, as 
 |c Library of Trajan [Bibliotheca] ; some- 
 jmes also a room was hired, and made into an 
 liditoriuin, seats erected, &c. [ArniToiiia.M.] The 
 ( thenaeum seems to have continued in high repute 
 (11 the fifth century. Little is known of the details 
 I" study or discipline in the Athenaeum, but in a 
 jjnstitution of the year 370 (Cod. Theodos. xiv. 
 j 9. § 1), there are some regulations respecting 
 
 indents in Rome, from which it would appear that 
 must have been a very extensive and important 
 stitution. And this is confirmed by other state- 
 , ents contained in some of the Fathers and other 
 jjicient authors, from which we learn that young 
 fen from all parts, after finishing their usual school 
 lid college studies in their own town or province, 
 'sed to resort to Rome, as a sort of higher uni- 
 "ersity, for the purpose of completing their edu- 
 ition. [A. A.] 
 
 I ATHLE'TAE (a9\i)Tctf, oe\r)Tr)p6s) were per- 
 bns who contended in the public games of the 
 irceks and Romans for the prizes {S.d\a, whence 
 'le name of oflATjrai), wliich were given to those 
 'ho conquered in contests of agility and strength, 
 'his name was, in the later period of Grecian his- 
 )ry and among the Romans, properly confined to 
 lose persons who entirely devoted themselves to 
 course of training which might fit them to excel 
 1 such contests, and who, in fact, made athletic 
 Ixercises their profession. The atliletae differed, 
 lerefore, from the agonistae (dyavicTTai), who 
 Inly pursued g_\Tnnastic exercises for the sake of 
 Inproving their health and bodily strength, and 
 I/ho, though they sometimes contended for the 
 rizes in the public games, did not devote their 
 i/hole lives, like the athletae, to preparing for 
 ;iiese contests. In early times there does not ap- 
 ■ear to have been any distinction between the 
 thletae and agonistae ; since we find that many 
 ■idividuals, who obtained prizes at the great na- 
 ional g-ames of the Greeks, were persons of consi- 
 erable political importance, who were never con- 
 idercd to pursue athletic exercises as a profession, 
 "hus we read that Phayllus, of Crotona, who had 
 iu-ice conquered in the Pythian games, command- 
 Id a vessel at the battle of Salamis (Herod, viii. 
 1 7 ; Paus. X. 9. § 1 ) ; and that Dorieus, of 
 'Ihodes, who had obtained the prize in all of the 
 I )ur great festivals, was celebrated in Greece for 
 is opposition to the Athenians. (Paus. vi. 7. § 1, 
 
 2.) Rut as the individuals, who obtained the 
 prizes in these games, received great honours and 
 rewards, not only from their fellow-citizens, but 
 also from .foreign states, those persons who intended 
 to contend for the prizes made extraordinary efforts 
 to prepare themselves for the contest ; and it was 
 soon found that, unless they subjected themselves 
 to a severer course of training than was afforded by 
 the ordinary exercises of the gjnnnasia, they would 
 not have any chance of gaining the victory. Thus 
 arose a class of individuals, to whom the term 
 athletae was appropriated, and who became, in 
 course of time, the only persons who contended in 
 the public games. 
 
 Athletae were first introduced at Rome B. c. 
 186, in the games exhibited by Marcus Fulvius, 
 on the conclusion of the Aetolian war. (Liv. xxxix. 
 22.) PauUus Aemilius, after the conquest of Per- 
 seus, B. c. 167, is said to have exhibited games at 
 Amphipolis, in which athletae contended. (Liv. 
 xlv. 32.) A certameu atUdarum ( VaL Milx. ii. 4. 
 § 7) was also exhibited by Scaurus, in B. c. .59 ; 
 and among the various games with which Julius 
 Caesar gratified the people, we read of a contest of 
 athletae, which lasted for three days, and which 
 was exhibited in a temporary stadium in the 
 Campus Martius. (Suet. Jtd. 39.) Under the 
 Roman emperors, and especially under Nero, 
 who was passionately fond of the Grecian games 
 (Tacit. Anil. xiv. 20), the number of athletae in- 
 creased greatly in Italy, Greece, and Asia Minor; 
 and many inscriptions respecting them have come 
 down to us, whicii show that professional athletjie 
 were very numerous, and that they enjoyed seve- 
 ral privileges. They fonned at Rome a kind of 
 corporation, and possessed a taiulurimn, and a 
 common hall — curia atlddarum (Urelli, Insrrip, 
 2588), in wiiich they were accustomed to delibe- 
 rate on all matters which had a reference to the in- 
 terests of the body. ^Ve find that they were 
 called Hcrcuhitici, and also aystici, because they 
 were accustomed to exercise, in winter, in a co- 
 vered place called xystus (Vitruv. vi. 10) ; and 
 that they had a president, who was called ocystar- 
 chus, and also dpx'ep^'^s. 
 
 Those athletae who conquered in any of the 
 great national festivals of the Greeks were called 
 liiero7ikac (l^poviKai), and received, as has been al- 
 ready remarked, the greatest honours and rewards. 
 Such a conqueror was considered to confer honour 
 upon the state to which he belonged ; he entered 
 his native city in triumph, through a breach made 
 in the walls for his reception, to intimate, says 
 Plutarch, that the state which possessed such a 
 citizen had no occasion for walls. (Suet. A'e/-. 25 ; 
 Plut. Symp. ii. 5. § 2.) He usiuiUy passed 
 through the walls in a chariot drawn by four white 
 horses, and went along the principal street of the 
 city to the temple of the guardian deity of the 
 state, where hymns of victory were sung. Those 
 games, which gave the conquerors the right of such 
 an entrance into the city, were called iselastici 
 (from eicreKavveiv). This terra was originally con- 
 fined to the four great Grecian festivals, the 
 Oljinpian, Isthmian, Nemean, and Pythian ; but 
 was afterwards applied to other public games, as, 
 for instance, to those instituted in Asia Minor. 
 (Plin. Ep. 119, 120.) In the Cireek st;ites the 
 victors in these games not only obUxined the great- 
 est glory and respect, but also substantial rewards. 
 They were generally relieved from the payment of 
 
JIO 
 
 ATHLETAE. 
 
 'ATIMI'A. 
 
 taxes, and also enjoyed the first seat (vpoeSpla) in 
 all public games and spectacles. Their statues 
 were frequently erected at the cost of the state, 
 in the most frequented part of the , city, as 
 the market-place, the g\Tnnasia, and the neigh- 
 bourhood of the temples. (Paus. vi. 13. § 1 ; vii. 
 17. § 3.) At Athens, according to a law of Solon, 
 the conquerors in the Olympic games were reward- 
 ed with a prize of .500 drachmae ; and the con- 
 querors in the Pythian, Nemean, and Isthmian, 
 with one of 100 drachmae (Diog. Laert. i. 55 ; 
 Plut. Sol. 23) ; and at Sparta they had the privi- 
 lege of fighting near the person of the king. (Plut. 
 Lt/c. 22.) The privileges of the athletae were 
 preserved and increased by Augustus (Suet. Aug. 
 45) ; and the following emperors appear to have 
 always treated them with considerable favour. 
 Those who conquered in the games called iselastici 
 received, in the time of Trajan, a sum from the 
 state, termed o/)sonia. (Plin. Ep. 119, 120; Com- 
 pare Vitruv. ix. Praef.) By a rescript of Diocletian 
 and Maximian, those athletae who had obtained 
 in the sacred games {sacri certuminh, by which is 
 probably meant the iselastki ludi) not less than 
 three crowns, and had not bribed their antagonists 
 to give them the victory, enjoyed immunity fi'om 
 all taxes. (Cod. x. tit. 53.) 
 
 The term athletae, though sometimes applied 
 metaphorically to other combatants, was properly 
 limited to those who contended for the prize in the 
 five following contests: — \. Ruiiriiiiri {Spofios, cur- 
 sus), which was divided into four ditferent contests, 
 namely, the (rraSioBprfiUos, in which the race was 
 the length of the stadium ; the StavKo^pofj-os, in 
 which the stadium was traversed twice ; the 
 So\ixo5p6fiOS, which consisted of several lengths of 
 the stadium, but the number of which is uncertain ; 
 and the oTrAiroSpJjuos, in which the runners wore 
 armour. 2. Wirstlinf/ (iraA.?;, /acta). 3. Bo.iiiiji 
 (iri;7/XT), piK/i/aliis). 4. The peiitat/iliim {irevTadAov'), 
 or, as the Romans called it, quiiiqiiertium. 5. The 
 pancratium (jrayKpaTiov). Of all these an account 
 is given in separate articles. These contests were 
 divided into two kinds — the severe (/Japea, jSapu- 
 repa), and the li(/hi {Kovcpa, KovcftST^oa). Under 
 the former were included wrestling, boxing, and 
 the exercises of the pancratium, which consisted of 
 ■wrestling and boxing combined, and was also called 
 pammachion. (Plat. Euth/d. c. 3. p. 271 ; Pollux, 
 viii. 4.) 
 
 Great attention was paid to the training of the 
 athletae. They were generally trained in the 
 itaKmaTpai, which, in the Grecian states, were 
 distinct places from the gymnasia, though they 
 have been frequently confounded by modem writ- 
 ers. Thus Pausanias informs us (vi. 21. § 2), that 
 near the gymnasium at Olympia, there were 
 palaestrae for the athletae ; and Plutarch expressly 
 says (Si/mp. ii. Qime):t. 4), that the place in 
 which the athletae exercise is called a palaestra 
 (toi' ovv tSttov iv J> yvfivd^ovrai ■ndvTfs o'l aOKt)- 
 Tai, ■naXaitnpav KaKovai). Their exercises were 
 superintended by the gymnasiarch {yvfivamugixi)^)-, 
 and their diet was regulated by the aliptes (oAei'ir- 
 TTjs). [Aliptae.] According to Pausanias (vi. 
 7. § 3), the athletae did not anciently eat meat, 
 but principally lived upon fresh cheese {rvphv 4k 
 rciiv raXapwv) ; and Diogenes Laertius (viii. 12, 
 13) informs us that their original diet consisted 
 of dried figs (iVxt^fi iTipa's), moist or new cheese 
 'rupoij vypois), and wheat (irupo'is). The eating 
 
 of meat by the athletae is said, according to some 
 writers (Paus. /. c), to have been first introduced 
 by Dromeus of Stymphalus, in Arcadia ; and, ac- 
 cording to others, by the philosopher Pythagoras, 
 or by an aliptes of that name. (Diog. Laert. /. c.) 
 According to Galen (De Val. Tuend. iii. 1), the 
 athletae, who practised the severe exercises (Sctpcis 
 a.9\r)Tai), ate pork and a particular kind of bread ; 
 and from a remark of Diogenes the Cynic (Diog. 
 Laert. vi. 49), it would appear that in his time 
 beef and pork formed the ordinary diet of the 
 athletae. Beef is also mentioned by Plato (ft 
 Rep. i. 12. p. 338) as the food of the athletae; and 
 a writer quoted by Athenaeus (viii. 14. p. 402. c. 
 rf.) relates that a Theban who lived upon goats' 
 flesh became so strong, that he was enabled to 
 overcome all the athletae of his time. At the end 
 of the exercises of each day, the athletae were 
 obliged to take a certain quantity of food, which 
 was usually called dvayKocpayia and dvayKOTpo<p'ia, 
 or ^iaios Tpo(pTl (Arist. Pol. viii. 4) ; after which, 
 they were accustomed to take a long sleep. The 
 quantity of animal food which some celebrated 
 athletae, such as Milo, Thcagenes, and Astydamas, 
 are said to have eaten, appears to us quite incredi- 
 ble. (Athen. x. 1, 2. p. 412, 413.) The food which 
 they ate was usually dry, and is called by Juvenal 
 (ii. 53) colipliki, on the meaning of which word 
 see Ruperti, ad loc. 
 
 The athletae were anointed with oil by the 
 aliptae, previously to entering the palaestra and con- 
 tending in the public games, and were accustomed 
 to contend naked. In the description of tlie games 
 given in the twenty-third book of the Iliad (/. 685. 
 710), the combatants are said to have worn a 
 girdle about their loins ; and the same practice, 
 as we learn from Thucydides (i. 6), anciently p^^ 
 vailed at the Olympic games, but was discontinued 
 afterwards. 
 
 For further information on the athletae, the 
 reader is referred to the articles Isthmian, Ne- 
 mean, Olympian, and Pythian Games ; and to 
 Krause's T/u-ayenes, oder wissen. Darstellung der 
 Giimnastik; AyonMk, und Festspkle der Hellemn 
 (Halle. 1835); and Ubiinpki, oder Dursiellung der 
 grcssen Oh/mptsclu-n Spk-le (Vienna, 1838). 
 
 ATHLOTH'ETAE. [Agonothetae ; Hei- 
 
 L.ANODICAE.] 
 
 ATI'LIA LEX. [Tutor.] 
 
 'ATIMrA, or the forfeiture of a man's civil 
 rights. It was either total, or partial. A man 
 was totally deprived of his rights, both for himself 
 and for liis descendants (Kaea7ro| aTijxos, De- 
 mosth. IMid. c. 10), when he was convicted of 
 murder, theft, false witness, partiality as arbiter, 
 violence offered to a magistrate, and so forth. This 
 highest degree of drifi'ia excluded the person af- 
 fected by it from the forum, and from all public as- 
 semblies ; from the public sacrifices, and from the 
 law courts ; or rendered him liable to immediate 
 imprisonment, if he was found in any of these 
 places. It was either temporary, or perpetual ; 
 and either accompanied or not with confiscation of 
 property. Partial OTi/uta only involved the for- 
 feiture of some few riglits, as, for instance, the 
 right of pleading in court. Public debtors were 
 suspended from their civic functions till they dis- 
 charged their debt to the state. People who had 
 once become altogether drifxai were very seldom 
 restored to their lost privileges. There is a hcnf 
 classk'iis on the subject of uTi/xla in Andocides, De 
 
ATRAMENTUM. 
 
 . 'istanis, c. 73. 76. p. 35. The converse term to 
 t ixia was firiTi/xia. [J. W. D.] 
 
 ATI'NIA LEX. [UsucAPio.] 
 jATLAN'TES (aTAai'Tfs),also caWed Telamoms. 
 
 ith these words are used in a general sense to 
 . nify anything which supports a burthen, whether 
 snan, an animal, or an inanimate oliject ; but in 
 t hitectural language they were specifically applied 
 ■\ designate those muscular figures which are 
 I aetimes fancifully used instead of modillions to 
 \ jport the corona, or upper member of a cornice ; 
 i NostriTdainones, Gran-i rero hos Atlantes vacant 
 ' itruv. vi. 10). The fable of Atlas, who bore 
 
 e globe upon his shoulders, and of whom Homer 
 lys {Od. i. 53.), — "Ex^i U re kIouus ayros 
 
 7.Kpa.s, at yaidu t€ koI ovpavov a.fi.(pis kxovffi, 
 ,pplied an historical derivation for the name, 
 jiey were distinguished from Caryatides, which 
 |j always represented as female figures in an 
 pt position. 
 
 They were also applied as ornaments to the sides 
 I a vessel, having the appearance of supporting 
 je oars ; as in the ship of Hiero, described by 
 jthenaeus (v. 4'2), in which instance he represents 
 jem as being six cubits in height, and sustaining 
 
 e triglyphs and cornice. 
 
 Hence too the term came to be used in irony 
 |aT' d.vTl<ppa<nv)lo ridicule a person of verydimi- 
 iitive or defonned stature. 
 
 " Nanum cujusdam Atlanta vocamus : 
 i ethiopem cycnum ; pravam extortamque puellam 
 iiropen," &c. Juv. Sat. viii. 32. 
 
 A representation of these figures is given in the 
 •eceding woodcut, copied from the tepidarium 
 . the baths at Pompeii. They are placed round 
 je sides of the chamber, and support a cornice, 
 ;)on which the vaulting of the roof rests, thus 
 viding the whole extent of the walls into a 
 imber of small compartments, the uses of which 
 explained in the description o{ tepidaritmi in the 
 tide Baths. [A. R.] 
 
 ATRAMEN'TUM, a term appKcable to any 
 ick colouring substance, for whatever purpose it 
 ly be used (Plaut. Mostdl. i. iii. 10-2 ; Cic. Dc 
 at. Dcor. ii. 50), like the jxiXav of the Greeks. 
 :)emosth. UepX 2t€c|.. § 313. Bekk.) There were, 
 wever, three principal kinds of atramentum, one 
 illed librarium, or scriptorium (in Greek, ypa<piK6v 
 Xai/), another called sutorium, the third tcctorium. 
 
 ATRAMENTUM. Ill 
 
 Atramentum librarium was what we call writing- 
 ink. (See Hor. Ep. ii. i. 236 ; Petron. Satyr. c. 102 ; 
 Cic. ad Quint. Frat. ii. 15.) Atramentum suto- 
 rium was used by shoemakers for dyeing leather. 
 (Plin. H. N. xxxiv. 12.) This atramentum sutorium 
 contained some poisonous ingredient, such as oil of 
 vitriol ; whence a person is said to die of atramen- 
 tum sutorium, that is, of poison, as in Cicero {Fam. 
 ix. Ep. 21.) Atramentum tectorium, or pictorium, 
 was used by painters for some purposes, apparently 
 (Plin. XXXV. 10) as a sort of varnish. The Scholiast 
 on Aristophanes {Phit. v. 277) says that the courts 
 of justice, or hiKaarvpia, in Athens were called each 
 after some letter of the alphabet : one alpha, another 
 beta, a third gamma, and so on, and that against 
 the doors of each ZiKaarnpwv, the letter which be- 
 longed to it was written trvp'pif ^dfj-fxart, in " red 
 ink." This " red ink," or " red dye," could not of 
 course be called atramentum. Of the ink of the 
 Greeks, however, nothing certain is known, except 
 what may be gathered from the passage of Demo- 
 sthenes above referred to, which will be noticed again 
 below. The ink of the Egyptians was evidently of 
 a very superior kind, since its colour and brightness 
 remain to this day in some specimens of papyri. 
 (British Museum: Er/i/piian Anti/j. vol. ii. p. 267.) 
 The initial characters of the pages are often written 
 in red ink. {Eijup. Antvp ii. 270. 272.) Ink among 
 the Romans is first found mentioned in the pas- 
 sages of Cicero and Plautus above referred to. 
 Pliny infonns us how it was made. He says, " It 
 was made of soot in various ways, with burnt resin 
 or pitch : and for this purpose," he adds, " they 
 have built furnaces, which do not allow the smoke 
 to escape. The kind most commended is made in 
 this way from pine-wood : — It is mixed with soot 
 from the furnaces or baths (that is, the hypocausts of 
 the baths, [Bath]) ; and this they use ad vohnnina 
 scribenda. Some also make a kind of ink by boil- 
 ing and straining the lees of wine," &c. With this 
 account the statements of Vitruvius (vii. 10, 197) 
 in the main agree. The black matter emitted by 
 the cuttle-fish (sepia), and hence itself called sepia, 
 was also used for atKvmentum. (Cic. De Nat. Dear. 
 
 ii. 50 ; Persius, Sat. iii. 12, 13 ; Ausonius, iv. 76.) 
 Aristotle, however, in treating of the cuttle-fish 
 {Hist. Animal.), does not refer to the use of 
 the matter (&oA.ds) which it emits, as ink. 
 (See Aelian, De Anim. i. 34. ) PUny observes 
 (xx\-ii. 7) that an infusion of wormwood with 
 ink preserves a manuscript from mice. (See 
 Isidorus, xix. 17.) On the whole, perhaps, it may 
 be said that the inks of the ancients were more 
 durable than our own ; that they were thicker and 
 more unctuous, in substance and durability more 
 resembling the ink now used by printers. An ink- 
 stand was discovered at Herculaneum, containing 
 ink as thick as oil, and stiU usable for writing. 
 (Winckelmann, vol. ii. 127.) 
 
 It would appear also that this gummy character 
 of the ink, preventing it fi'om running to the point 
 of the pen, was as much complained of by the 
 ancient Romans as it is by ourselves. Persius (Sat. 
 
 iii. 12) represents a foppish writer sitting down to 
 compose, but, as the ideas do not run freely, — 
 
 " Tunc queritur,crassus calamo quod pendeat humor ; 
 
 Nigra quod infusa vanescat sepia IjTnpha." 
 They also added water, as we do sometimes, to 
 thin it. Mr. Lane {Mod. Egyptians, ii. p. 288. 
 snudler edit.) remarks that the ink of the modem 
 Egyptians " is very thick and gummy." 
 
112 ATRAMENTUM. 
 
 From a phrase used by Demosthenes, it would 
 appear as if the colouring ingredient was obtained 
 by mbbing from some solid substance, perhaps 
 much as we rub Indian ink. Demosthenes (nepi 
 2Tt</)- § 313) is reproaching Aeschines with his low 
 origin, and says, that " when a youth he was in a 
 state of great want, assisted his father in his school, 
 rubbed the ink (prepared the ink by rubbing, to 
 fieKav Tpi€uv), washed down the forms, and swept 
 the school-room," &c. It is probable that there 
 were many ways of colouring ink, I's-in'cially of dif- 
 ferent colours. Red ink (made of iniiuinii, venniHon) 
 was used for writing the titles and begiiniings of 
 books (Ovid, Trial, i. 1. 7), so also was ink made 
 of rul/rim, " red ochre" (Sidonius, vii. 12) ; and be- 
 cause the headings oflau-s were written with rulirica, 
 the word rubric came to be used for the civil law. 
 (Quintil. xii. 3.) So album, a white or whited 
 table, on which the praetors' edicts were written, 
 was used in a similar way. A person devoting 
 himself to album and rubrka, was a person devoting 
 himself to the law. [Album.] There was also a 
 very expensive red-coloured ink with which the 
 emperor used to write his signature, but which any 
 one else was by an edict (Cod. i. tit. 23. s. (i) 
 forbidden to use, excepting the sons or near rela- 
 tions of the emperor, to whom the privilege was ex- 
 pressly granted. But if the emperor was under age, 
 his guardian used a green ink for writing his signa- 
 ture. (Montfaucon, Falu£o<j. p. 3.) On the banners 
 of Crassus there were purple letters — (potPtKo. 
 ypdfinaTO.. (Dion Cass. xl. 18.) On pillars and 
 monuments letters of gold and silver, or letters 
 covered with gilt and silver, were sometimes used, 
 as appears from Cicero ( Vttrr. iv. 27), and Suetonius 
 (Au;/. c. 7). In writing also this was done at a 
 later period. Suetonius (Xcr. c. 10) says, that of 
 the poems which Nero recited at Rome one part 
 was written in gold (or gilt) letters {aitrfis /(V/cW.v), 
 and consecrated to Jupiter Capitolinus. (Comp. 
 Plin. vii. ;i2.) This kind of ilhmiinated writing 
 was more practised afterwards in religious composi- 
 tions, wliicli were considered as worthy to be writ- 
 ten in letters of gold (as we say even now),and there- 
 fore were actually written so. Something like what 
 we call s^anpathetic ink, which is invisible till 
 heat, or some preparation be applied, appears to 
 have been not uncommon. So Ovid {Aii. Am. iii. 
 627, Acc.) advises writing love-letters with fresh 
 milk, which would be unreadable, until the letters 
 were sprinkled with coal-dust. Tuta quoque est, 
 faUitque oculos e lade recciifi Littera : carbonis pul- 
 i-ere tanye; leges." Ausonius {JSpisi. xxiii. 21) 
 gives the same direction. (" Lade indde notas ; 
 arescens charta tenebit Semper inadspicuas ; pru- 
 dcriiur scripta /avillis") Pliny (xxvi. 8) suggests 
 
 ATRIUM. 
 
 that the milky sap contained in some plants niigl! 
 be used in the same way. (See Caneparius,/ 
 AtrameniU cujus(iue Generis, Lond. 1()60.) 
 
 An inkstand {atramcntarium, used only by lati 
 writers; in Greek /j-eXavSoxos, Pollux, x. 14) Wi 
 either single or double. The double inkstands wei 
 probably intended to contain both black and re 
 ink, much in the modem fashion. They were also > 
 various shapes, as for example, round or hexagona 
 They had covers to keep the dust from tlie inl 
 The preceding cuts represent inkstands found a 
 Pompeii. [A. A.] 
 
 AT'RIUM, called avK-q by the Greeks and 1) 
 Virgil (Ac)i. iii. 354), and also ix.€<Tav\ioi 
 ireptcTTvAov, TrfpidTifOV. 
 
 Two derivations of this word are given by th' 
 ancient writers. Festus and Varro refer it to thi 
 same origin : Ah Atriae populis,a quibus utriorm 
 c.rcmpla desumpta fuerunt (Var. De Ling. Lat. vi 
 33) ; but Servius, on the contrary («</ Virg. Aen 
 iii. 353), derives the term ab aXvo, }>rupter fuimm 
 qui esse solebat in atriis ; a remark which explain; 
 the allusion of Juvenal {Sai. viii. 8), Fuuiom. 
 equiium cum didatore mugistros, since it wa: 
 customary amongst the Romans to preserve th( 
 statues of their ancestors in the atrium, which wen 
 blackened by the smoke of the fires kept there foi 
 the use of the household. 
 
 Atrium is used in a distinctive as well as col 
 lective sense, to designate a particular part in thf 
 private houses of the Romans [IIuuse], and alsi 
 a class of public buildings, so called from theii 
 general resemblance in construction to the atriuir 
 of a private house. There is likewise a distinctioi 
 between atrium and area ; the fonner being an 
 open area surrounded by a colonnade, whilst the 
 latter had no such ornament attaclied to it. The 
 atrium, moreover, was sometimes a building by 
 itself, resembling in some respects the open basilic; 
 [Basilica], but consisting of three sides. Sue! 
 was the Atrium Publicum in the capitol, which 
 Livy infonns us, was struck with lightning b. c 
 21G. (Liv. xxiv. 10.) It was at other times 
 attached to some temple or other edifice, and in 
 such case consisted of an open area and surround- 
 ing portico in front of the structure, like that be- 
 fore the church of St. Peter, in the Vatican. 
 
 Several of these buildings are mentioned by the 
 ancient historians, two of which were dedicated to 
 the same goddess, Libertas ; and hence a ditficidtj 
 is sometimes felt in deciding which of the two is 
 meant when the atriiun Libert;itis is spoken of 
 The most celebrated, as well as the most ancient, 
 was situated upon the Aventine mount. Of this 
 there is no doubt ; for it is enumerated by Victor, 
 in his catalogue of the buildings contained in the 
 xiii. Regie, wliich comprises the mens Avcntinu: 
 on which there was an aedes Liljertatis built and 
 dedicated by the father of Gracchus (Liv. xxiv 
 16), to which the atrium was attached either at 
 the same time or shortly afterwards ; for Livj' alsi 
 states (xxv. 7) that the hostages from Tarentui' 
 were confined in utrio Liberfa/is, which must refei 
 to the atrium on the Aventine, since their escape 
 was effected by the corniption of the keepers of the 
 temple (corrupiis aediluis duobus). In this atrium 
 there was a tabularium, where the legal tablets 
 (tabulae) relating to the censors, were presened 
 (Liv. xliii. 16, wliere the word ascemlerunt indi 
 cates that the atrium on the Aventine is meant., 
 The Gerinanici miliies were also stationed at th( 
 
ATRIUM. 
 
 ATTICURGES. 
 
 113 
 
 -ne spot in the time of Galba (Tacit. Hist. i. 3), 
 ' is apparent from a passage in Suetonius (Galb. 
 ), in whicli he saj's that they arrived too late to 
 '\ i nt the murder, which was pei-petrated in the 
 iini, in consequence of their having missed their 
 I'ly and gone round about. This could not have 
 jppened had they come from the other atrium 
 'bertatis, which was close to the forum Ronianum. 
 'The examination of slaves, when accompanied 
 the torture, also took place by a strange anomaly 
 it/rio Lihemtis (Cic. Pro Mil. 22), which 
 1st also be referred for several reasons to the 
 idum on the Aventine. Indeed, when the atrium 
 ■bertatis is mentioned without any epithet to dis- 
 iguish it, it may safely be considered that the 
 ])re celebrated one upon the Aventine is meant. 
 ' was repaired, or more probably rebuilt, by 
 jsinius PoUio (Suet. Aug. 29), who also added to 
 j a magnificent library {bihlioihxa, Plin. H.N. 
 i. 30 ; XXV. 2 ; Isidor. v. 4), which explains the 
 jusion of Ovid {Trit-t. iii. 1. 71), 
 1 " Nec me, quae doctis patuenmt prima libellis, 
 j Atria Libertas tangere passa sua est." 
 I The other atrium Libertatis is noticed by Cicero 
 Ait. iv. 16), in which place the mention of the 
 \'jsi/ica Paulli in conjunction with the word 
 \rum {ut forum lasearenuts et usque ad atrium 
 iburtatis eaplicaremus), has perplexed the com- 
 jentators, and induced the learned Nardini to 
 ionounce the passage inexplicable. {Rom. Ant. 
 '\ 9.) He affims that this instance is the 
 ily one to be found amongst all the writers of 
 jtiquity, in which mention is made of an atrium 
 [bertatis distinct from that on the Aventine ; and 
 nee he is inclined to think that there was no 
 iher, and to alter the reading into atrium 
 Ifinervac, which is mentioned by P. Victor as 
 ■ing in this (the eighth) region. But in this 
 ' was mistaken, as is made evident by the sub- 
 ined fragment from a plan of Rome, discovered 
 nee the time of Nardini, which was executed 
 )on a marble pavement during the reigns of 
 i'ptimius Severus and Caracalla, and is now pre- 
 'rved in the museimi of the capitol at Rome, and 
 Inned la Pianta Cajntolina. As the name is 
 I scribed upon each of the buildings, no doubt 
 m be felt as to their identity ; and the forum to 
 hich Cicero alludes must be the forum Caesaris 
 )io, xliii. ; Suet. Jid. 26 ; Plin. H. N. xxxvi. 
 >), for neither the writers of the Regiones 
 ir any of the ancient authors ever mention a 
 lilding of this kind in the fomm Romanum. 
 Ihe forum of Caesar was situated in the rear of 
 !ie edifices on the east side of tlie Roman forum 
 Nardini, Rom. Ant. v. 9) ; so that the atrium 
 ibertatis would be exactly as represented upon 
 le plan behind the basilica Aemilict, an elevation 
 ' which is given in the article Basilica ; and 
 : though the name of its founder is broken off, yet 
 ;ie open peristyles without any surrounding wall 
 bmonstrate what basilica was intended. Thus 
 lie passage of Cicero will be satisfactorily explain- 
 ;l. In order to lay open the magnificent basilica 
 ■ Paullus to the forum of Caesar, he proposed to 
 ly and puU down some buildings which obstruct- 
 l the view, which would extend the small forum 
 i" Caesar nst/ue ad Libertatis atrium, by doing 
 'hich he no doubt intended to court the favour of 
 aesar, upon whose good will he prides himself so 
 . uch in the epistle. 
 The dotted lines represent a crack in the marble. 
 
 The senate was held in early times in atrin 
 Palatii. {?,ex\. ad Virg. Am. xi.2Zb.) [A.R.] 
 
 'ATOI'S, a name given to any composition 
 which treated of the history of Attica. (Strabo, ix. 
 p. 392, B. ed. Casaub.) This name seems to have 
 been used because Attica was also called 'PltQIs. 
 (Strabo, ix. p. 397, A.) Pausanias (vii. 20. 3) 
 calls his first book 'At6!j (Tvyypaip-q, because it 
 treats chiefly of Attica and Athens. The Atthides 
 appear to have been not strictly historical ; but 
 also geographical, topographical, mythological, and 
 archaeological. By preserving the local history, 
 legends, traditions, and antiquities, and thus draw- 
 ing attention to the ancient standing and renown 
 of the country, and connecting the present with 
 the past, they tended to foster a strong national 
 feeling. From what Dionysius says {De Thuc. 
 Jnd. V.) it would appear that other districts had 
 their local histories, as well as Attica. (See Thirl- 
 wall's Greece, vol. ii. p. 128.) The nature of the 
 'At6i'56s we know only from a few fragments and 
 incidental notices. The most ancient writer of 
 these compositions would appear, according to 
 Pausanias (x. 15), to have been Clitodemus — 
 KA6iTo5r)^os, or KAei5r);Uos {oir6(Toi rcL 'ASrivaiuv 
 ^vix<i>pia 'iypa^]iav, 6 dpxaiOTaTos). His 'AtBIs was 
 published about B. c. 378. (Clinton, _F. //. p. 373.) 
 Probably Pausanias means that Clitodemus was 
 the first native Athenian who wrote an 'Arfli'i, as 
 Clinton observes, and not the first person ; for 
 Hellanicus, a native of Lesbos, had written one 
 before him. Another writer of this class was 
 Andron {"AvZpwv), a native of Halicaniassus, as 
 appears from Plutarch ( Vit. Tkes. 24) ; also An- 
 drotion — 'AvSpoTiwv (see Schol. on Aristoph. 
 A t: 13 ; Nub. 549) ; and Philochorus, who 
 held the office of lepocrKSivos at Athens, B. c. 306. 
 (CUnton, 306. 3.) His 'Arels is quoted by the 
 Scholiast 071 Aristoph. Vesp. 716 ; Av. 767 ; and 
 on Euripides Orest. 371. Phanodemus, Demon, 
 and Ister were also writers of 'Arfli'Sej. Tlieir 
 date is uncertain ; but it appears that Demon 
 was nearly contemporary with Philochorus, and 
 that Ister flourished B.C. 246 — 221, in the reign of 
 Ptolemaeus Euergetes, and was, as Suidas asserts, 
 a pupil of Callimachus. The fragments of Philo- 
 chorus and Androtion have been edited by C. G. 
 Siebelis (Leipsig, 1811); and those of Phanode- 
 mus, Demon, Clitodemus, and Ister also. (Leipsig, 
 1812.) [A. A.] 
 
 ATTICUR'GES {To'A-niKovpyh),in the Attic 
 style. Vitruvius (iii. 3), when treating of the dif- 
 ferent constructions of doorways to sacred edifices, 
 enumerates three, the Doric Ionic, and Attic 
 (Atticurpes). He first gives an account of the 
 Doric, then the Ionic, and lastly states that the 
 Attic follows generally the same niles as the 
 
114 
 
 AUCTIO, 
 
 Doric ; and then, having ini5tanced the points of 
 difference between these two orders, he concludes 
 by saying that he has laid down all the rules ne- 
 cessary for the construction of the Doric, Ionic, and 
 Corinthian orders (Doricis, Io?iicis, Corinihiisqm 
 operibiis), which would certainly seem to identify 
 the Attic with the Corinthian. Pliny, however 
 (H. N. xxxvi. 23), designates as Attic columns 
 (columnas Atiicas) those which have four angles 
 and equal sides, i. e. a square pilaster, such as the 
 order of columns in the upper story of the Coli- 
 seum, which have Corinthian capitals ; but the 
 projection of their sides is not equal to the fronts. 
 There is much difficulty involved in this consider- 
 ation ; for if the people of Attica had an order of 
 their own, distinct from the Doric, which they 
 commonly adopted, as the Tuscans, loiiians, and 
 Corinthians had, it is singular that we should not 
 have any account of its distinctive properties, and 
 that Vitruvius himself should not have described 
 it as exactly as he has the other three. The only 
 way to solve the difficulty is to adopt the explana- 
 tion of Pliny, and to conchide that the Athenians 
 had no distinct order of their own, with a peculiar 
 character in all its component parts ; but that they 
 adopted a column expressly Attic, i. e. a square 
 one, with a Corinthian capital, and an Attic base, 
 to the other parts and proportions of the Doric 
 order. Thus Vitravius may be reconciled with 
 himself ; for he only speaks of the Atticurges as 
 used in door-ways, where the square or Attic 
 columns of Pliny would be admirably fitted for the 
 upright jambs, which might be ornamented with a 
 Corinthian capital and an Attic base, the proportions 
 and component parts of which are enumerated by 
 Vitruvius (iii. 3). The lowest he terms pUnilms ; 
 the one above that, torus infirior ; the next three 
 divisions, scotia cum siiis quailris; and the highest, 
 the torus superior. [A. R.] 
 
 AUCTIO signifies generally " an increasing, an 
 enhancement," and hence the name is apphed to a 
 public sale of goods, at which persons bid against 
 one another. The term auctio is general, and com- 
 prehends the species, bonoriim emtio and sectio. As 
 a species, auctio signifies a public sale of goods by 
 the ovvTier or his agent, or a sale of goods of a de- 
 ceased person for the purpose of dividing the money 
 among those entitled to it, which was called auctio 
 hereditaria. (Cic. Pro Caecin. 5.) The sale was 
 sometimes conducted by an argentarius, or by a 
 magister auctionis ; and the time, place, and con- 
 ditions of sale, were announced either by a public 
 notice {tabula, album, &c.), or by a crier (praeco). 
 
 The usual phrases to express the giving notice 
 of a sale axe,auctio7iem proscribere, praedicare ; and 
 to determine on a sale, audionem, constituerc. The 
 purchasers {emtores), when assembled, were some- 
 times said ad. talmlam adesse. The phrases signi- 
 
 AUCTOR. 
 
 fying to bid are, liceri, licitari, which was doi 
 either by word of mouth, or hj such significai 
 hints as are known to all people who have attends 
 an auction. The property was said to be knocks 
 down [addici) to the purchaser, who eith 
 entered into an engagement to pay the money ■ 
 the argentarius or magister, or it was sometimes 
 condition of sale that there should be no delivery ■ 
 the thing before pajTnent. (Gaius iv. 126 ; AcTii 
 p. 9, 1 0.) An entry was made in the books of tl 
 argentarius of the sale and the money due, an 
 credit was given in the same books to the purchass 
 when he paid the money (ejcpeyisa pecunia lati 
 accepta relata). Thus the book of the argentarii 
 might be used as evidence for the purchaser, hot 
 of his having made a purchase, and having paid fs 
 the thing purchased. If the ms ney was not pai 
 according to the consiitions of sale, the argentarii 
 could sue for it. 
 
 The praeco, or crier, seems to have acted the pa) 
 of the modem auctioneer, so far as calling out tl 
 biddings (Cic. De Offic. ii. 23), and amusing tl 
 company. Slaves, when sold by auction, wei 
 placed on a stone, or other elevated thing, as is tli 
 case when slaves are sold in the United States i 
 North America ; and hence the phrase homo c 
 lapide emtus. It was usual to put up a spear, hasi 
 in auctions, a symbol derived, it is said, from tli 
 ancient practice of selling imder a spear the boot 
 acquired in war. By the auctio, the Quiritaria 
 ownership in the thing sold was transferred to th 
 purchaser. [Bonoriim Emtio ; Sectio.] [G. L. 
 
 AUCTOR, a word which contains the sam 
 element as aug-eo, and signifies generally one wh 
 enlarges, confirms, or gives to a thing its complete 
 ness and efficient fonn. The numerous technics 
 significations of the word are derivable from thi 
 general notion. As he who gives to a thing tha 
 which is necessary for its completeness, may in tlii 
 sense be viewed as the chief actor or doer, th 
 word auctor is also used in the sense of one wh 
 originates or proposes a thing ; but this cannot b 
 viewed as its primary meaning. Accordingly, th 
 word auctor, when used in connection with lex o 
 senatus-consultum, often means him who originate 
 and proposes, as appears from numerous passages 
 (Liv. vi. 36 ; Cic. Pro Dom. c. 30.) When 
 measure was approved by the senate before it wa 
 confirmed by the votes of the people, the senat 
 were said audores fieri, and this preliminary ap 
 proval was called senatus audoritas. (Cic. Bruiu: 
 c. 14.) In the passage of Livy (i. 17), there is a: 
 ambiguity in the use of the word, arising fi'om th 
 statement of the practice in Livy's time, and th 
 circumstances of the peculiar case of the election s 
 a king. The effect of what Livy states as to th 
 election of Numa was a reservation of a veto- 
 " Si dignum creariti.s, patres audores fient. 
 The meaning, however, of the whole passage i 
 clearly this, — the patres gave permission to elect 
 and if the person elected should be approved h 
 them, that was to be considered etiuivalent to thci 
 nomination. 
 
 In the imperial time, auctor is often said of th 
 emperor (princeps) who recommended anything t 
 the senate, ansi on which recommendation tha 
 body passed a senatus-consultum. (Gains, i. 31 
 80 ; Sueton, Vesp. 11.) 
 
 When the word auctor is applied to him wli 
 recommends but does not originate a legislativ 
 measure, it is equivalent to suasor. (Cic. Ad At 
 
AUCTORITAS. 
 
 AUGUR. 
 
 11.5 
 
 ' 19; Brulus, 25. 27.) Sometimes both auctor 
 ' nd suasor are used in the same sentence, and the 
 -aeaning of each is kept distinct. (Cic. Of. iii. 30.) 
 |i With reference to dealings between individuals, 
 
 uctor has the sense of owner (Cic. Pro Cumn. 
 
 0), and is defined thus (Dig. .50. tit. 17. s. 175): 
 Huclor incus a r/uo J/ix in iiie irutisif. In this sense 
 
 uctor is the seller (rcnditor), as opposed to the 
 iuyer {cmior): the person who joined the seller in 
 \ warranty, or as security, was called aiwtor ne- 
 ^■/ndus, as opposed to tlie seller or auctor primus. 
 toig. 1!). tit. 1. s. 4. 21 ; tit. 2. s. 4. 51.) The 
 ■hrase a malo axu-torc i-int re (Cic. Verr. 5. c. 22) ; 
 \iwtorem laudare (GcU. ii. 10) will thus be intel- 
 
 ;;ible. The testator, with respect to his heir, 
 
 liffht be called auctor. (Ex Corp. Ilermogcn. 
 'od. tit. 11.) 
 
 ' Consistently \vith the meanings of auctor as al- 
 \idy explained, the notion of consenting, approv- 
 1'^. and giving validity to a measure affecting a 
 
 I -nil's stittus clearly appears in the following pas- 
 .^( . (Cic. /Vo />ow. c. 29.) 
 
 A uctor is also used generally to express anyper- 
 '11 under whose authority any legal act is done. 
 
 1 this sense, it means a tutor who is appoint- 
 1 to aid or ad^•ise a woman on account of the in- 
 •i-mity of her sex (Liv. xxxiv.2 ; Cic. Pro Caecin. 
 
 25 ; Gains, i. 190. 195): it is also applied to a 
 Uor whose business it is to do or approve of certain 
 ■:ts on behalf of a ward [piqjiUus). 
 1 The term auctores juris is equivalent to juris- 
 i'riti (Dig. 1. tit. 2. s. 2. § 13 ; Gellius, ii. c. 10): 
 |id the law writers or leaders of particular schools of 
 fw were called schohic auctores. It is unnecessaiy 
 ! trace the other significations of this word. [G.L.] 
 'l AUCTO'RITAS. The technical meanings of 
 ids word correlate with those of auctor. 
 ] The auctoritas senatus was not a senatus-con- 
 •iltum ; it was a measure, incomplete in itself, 
 fliich received its completion by some other autho- 
 ity. 
 
 i Auctoritas, as applied to property, is equivalent 
 legal ownership, being a correlation of auctor. 
 ^ic. Top. c. 4 ; Pro Caeciii. c. 26.) It was a 
 ovision of the laws of the Twelve Tables that 
 ere could be no usucapion of a stolen thing 
 liaius, ii. 45), which is thus expressed Ijy Gellius 
 ' speaking of the Atinian law (xvii. c. 7) : Quod 
 
 1'ireptum erit ejus rci aeterna auctoritas esto; the 
 .Tiership of the thing stolen was still in the ori- 
 lal owner. (Cic. Off. i. c. 12 ; Dirksen, Uebcr- 
 ■'ht, S(e. der Zwolf-Tafel-Fragmenie, p. 41 7.) 
 ! Auctoritas sometimes signifies a warranty or 
 Hateral security ; and thus correlated to auctor 
 •jundus. Auctoritatis actio means the action of 
 iction. (Paulus, Scutent. Rea-pt. lib. 2. tit. 17.) 
 he instnimenta auctoritatis are the proofs or evi- 
 'nces of title. 
 
 I The auctoritas of the praetor is sometimes used 
 signify the judicial sanction of the praetor, or 
 ! order, by which a person, a tutor for instance, 
 ght be compelled to do some legal act (Ciaius, i. 
 
 0 ; Dig. 27. tit. 9. s. 5), or, in other words, 
 ' Mictor fieri." The tutor, vnth respect to his 
 
 1 ds both male and female (pupilli, pupillae), was 
 ( d negotium gererc, and attcioritatem interponcre : 
 i'. former phrase is applicable where the tutor does 
 1' act himself ; the latter, where he gives his ap- 
 ] ibation and confirmation to the act of his ward. 
 " ough an infant had not a capacity to do any act 
 \ ich was prejudicial to him, he had a capacity to 
 
 II 
 
 receive or assent to anything which was for liis 
 benefit, and in such Ciise the auctoritas of the tutor 
 was not necessary. 
 
 The authority of decided cases was called 
 similiter Judiciilorum nuctoritas. The otlier mean- 
 ings of auctoritas may l)e easily derived from the 
 primary meaning of the word, and from the expla- 
 nations here given. [Ci. L.] 
 
 AUDITO'RIUM, a place where poets, orators, 
 and critics were heard recite their compositions. 
 There were places used expressly for this purpose, 
 as the Athenaeum. [Athen.aei'M.] Sometimes 
 also a room was hired and converted to this object, 
 by the erection of seats, and by other arrange- 
 ments. (Compare Plin. Ep. i. 13; Tacitus, />e 
 Orat. c. 9. 89. 6 ; Suet. Tib. c. 1 1.) The term audi- 
 torium was also applied to a court, in which trials 
 were heard. (See Paulus, Dig. 49. tit. 9. s. 1.) 
 Auditorium principis was the emperor's audience- 
 chamber. (Ulpian, Dig. 4. tit. 4. s. 18.) [A.A.] 
 
 AUGUR meant a diviner by birds, but was 
 sometimes applied in a more extended sense. The 
 word seems to be connected with augeo, tnignro, in 
 the same manner as futgur fulgeo and fulguro, 
 A ugeo bears man}' traces of a religious meaning, to 
 which it may liave been at first restricted. (Com- 
 pare Ovid. Fast. i. ()09.) The idea of a second 
 derivation from avis, confinned by the analogy of 
 ausjw.T (avispc.r), may perhaps have limited the 
 signification of augur. It is not improbable that 
 this last etymology may be the trae one ; but if so, 
 it is impossible to explain the second element of the 
 word. — Augur, quod ab avium garritu derivari 
 grammatici garriuiit, says Salmasius. 
 
 The institution of augurs is lost in the origin of 
 the Roman state. According to that view of the 
 constitution, which makes it come entire from the 
 hands of the first king, a college of three was ap- 
 pointed by Romulus, answering to the number of 
 the three early tribes. Numa was said to have 
 added two (Cic. De Pep. ii. 14), yet at the pass- 
 ing of the Ogulnian law (b. c. 300) the augw's 
 were but four in number : whether, as Livy (x. 6) 
 supposes, the deficiency was accidental is uncertain.* 
 By the law just mentioned, their number became 
 nine, five of whom were chosen from the plebs. 
 Tlie dictator Sulla further increased them to 
 fifteen (Liv. Fp. 89), a nuiltiph^ of their ori- 
 ginal number, which probably had a reference to 
 the early tribes. This continued until the time of 
 Augustus, who, among other extraordinary powers, 
 had the right conferred on him of electing augurs 
 at his pleasure, whether there was a vacancy or 
 not, B. c. 29 (Dion, xli. 20), so that from this time 
 the number of the college was unlimited. 
 
 According to Dionysius (ii. 22), the augurs, like 
 the other priests, were originally elected by the 
 comitia curiata, or assembly of the patricians, in 
 their curiae. As no election was complete without 
 the sanction of augurj', the college virtually pos- 
 sessed a veto on the election of all its members. 
 They very soon obtained the privilege of self-elec- 
 tion {jus cooptationis), which, with one interrup- 
 
 * Niebuhr supposes that there were four augurs 
 at the passing of the Ogulnian law, two apiece for 
 the Rhamnes and Titles. But it seems incredible, 
 that the third tribe should have been excluded at so 
 late a period ; nor does it appear how it ever olj- 
 tained the privilege, as the additional augurs were 
 elected from the plebs. 
 
 I 2 
 
116 
 
 AUGUR. 
 
 AUGUR. 
 
 tion, viz. at the election of the first plebeian j ■ 
 aug\irs, they retained until B. c. 1 03, the year of 
 tlie Dnniitian law. By this law it was enacted 
 that vacaiKirs in the priestly colleges should be 
 filled up liy tlie votes of a minority of the tribes, 
 
 i. e. seventeen out of thirty-five, chosen by lot. The 
 Domitian law was repealed by Sulla, but again 
 restored B. c. 63, duiing the consulship of Cicero, 
 by the tribune T. Annius Labicnus, with the sup- 
 port of Caesar. It was a second time abrogated by 
 Antony ; whether again restored by Hirtius and 
 Pansa, in their general annulment of the acts of 
 Antony, seems uncertain. The emperors, as men- 
 tioned above, possessed the right of electing augurs 
 at pleasure. 
 
 The augurship is described by Cicero, himself an 
 augur, as the highest dignity in the state {De Lff/. 
 
 ii. 12), having an autliority which could prevent 
 the comitia fi'om voting, or annul resolutions 
 already passed, if the auspices had not been duly 
 performed. The words alio die from a single augur 
 might put a stop to all business, and a decree of 
 the college had several times rescinded laws. Such 
 exorbitant powers, as Cicero must have seen, de- 
 pended for their continuance on the moderation of 
 those who exercised them. 
 
 The augurs were elected for life, and even if 
 capitally convicted, never lost their sacred charac- 
 ter. (Plin. Ep. iv. 8.) They were to be free 
 from any taint of disease while performing their 
 sacred functions, wliich Plutarch {Qiinis/. Rom. 
 7"2) thought was designed to show tljat purity 
 of mind was required in the service of the 
 gods. When a vacancy occurred, the candidate 
 was nominated by two of the elder members of 
 the college (Cic. Pliil. ii. 2), the electors were 
 sworn (Cic. Brutus, i.), and the new member took 
 an oath of secrecy before his inauguration. The 
 only distinction among them was one of age, 
 the eldest augur being styled nnijiiftcr eolle<jii. (Cic. 
 De Sen. 18.) Among other privileges, they en- 
 joyed that of wearing the purple pni)'.ti;aia, or, ac- 
 cording to some, the iruhca. On ancient coins tliey 
 are represented wearing a long robe, wliich veiled 
 the head and reached down to the feet, thrown 
 back over the left shoulder. They hold in the right 
 liand a iiluus or curved wand, hooked at the end 
 like a crosier, and sometimes have the capis (Liv. 
 X. 7) or earthen water vessel by their side. (Goltzii 
 /cones.) On solemn occasions they appear to have 
 worn a garland on the head. ( Pint. Caes. p. 7 30. ) Al- 
 though many of the augurs were senators, their 
 office gave them no place in the senate. (Cic. Ad 
 Attic, iv. 2.) The manner of taking the auspices 
 is described under AuspiciUM. 
 
 The chief duties of the augurs were to observe 
 and report supeniatui'al signs. Tliey were also the 
 repositories of the ceremonial law, and had to ad- 
 vise on the expiation of prodigies, and other mat- 
 ters of religious observance. The so\irces of their 
 art were threefold : first, the formulas and tradi- 
 tions of the college, which in ancient times met on 
 the nones of every month ; secondly, the auffurales 
 li/jri, which were extant even in Seneca's time (Ep. 
 107); thirdly, the commeiitarii au(/uru7n, such as 
 those of Messala and of Appius Clodius Pulcer, 
 which seem to have been distinguislied from the 
 former as the treatises of learned men from receiv- 
 ed sacred writings. Other duties of the augurs 
 were to assist magistrates and generals in fciking 
 the auspices. At the passing of a lex- curiata. 
 
 three were required to be present, a number pro- 
 bably designed to represent the three ancient 
 tribes. 
 
 One of the difficulties connected with this sub- 
 ject is to distinguish between the religious duties 
 of the augurs and of the higher magistrates. Undei 
 the latter were included consul, praetor, and cen- 
 sor ; the quaestor, as appears from Varro {Liny 
 Lot. vi. 9), being obliged to apply for the auspices 
 to his superior. A single magistrate had the powei 
 of proroguing the comitia b}- the formula se de coel( 
 servarc. [AuspiciUM.] The law obliged him t( 
 give notice beforehand (Cic. Phil. ii. 32), so that ii 
 can only have been a religious way of exercising ; 
 constitutional right. The spectio, as it was termed 
 was a voluntary duty on the part of the magistrate 
 and no actual observation was required. On th( 
 other hand, the augurs were employed by virtue oi 
 their office : they declared the auspices from im 
 mediate observation, without giving any previous 
 notice : they had the right of nuntiatio, not o 
 spectio, at least in the comitia ; in other words 
 they were to report prodigies, where they did, noi 
 to invent them, where they did not, exist. 
 
 The college of augurs possessed far greatei 
 power in the earlier than in the later period o 
 Roman history. The old legends delighted to tel 
 of the triumphs of religion : its first kings wen 
 augurs (Cic. De Div. i. 2), and Romulus was be 
 lieved to have founded the empire by a direct inti 
 mation from heaven. It seems natural that augurj 
 should have sprung up amid the simple habits of: 
 rustic people, and hence we should be inclined ti 
 refer it to a Sabine rather than an Etruscai 
 origin. That a learned system should be engraftec 
 on a more simple one, such as that of the aucien 
 Sabines, seems surely far more probable than th^ 
 reverse. Yet the prevalence of Etruscan in 
 fluence, during the second and third centuries o 
 Roman history, must have greatly modified th 
 primitive belief. It might almost appear that th 
 conflict between the old and new religion wa 
 hinted at in the story of Attus Naevius, especial]; 
 when we remember tluit Tarquinius, whether n 
 Latin or Etruscan origin, is undoubtedly the repre 
 sentative of an Etruscan period. The Roman 
 themselves, as MiiHer admits, distinguished be 
 tween their own rites of augury and Etruscai 
 divination. The separate origin of the Romai 
 religion is implied in the tradition, that Numa wa 
 of Sabine birth, not to mention that many of th' 
 names used by the augurs ( such as Sangualis avi; 
 from the Sabine god Sancus, Titiae aves, Sahinii 
 cultus) bear traces of a Sabine origin. Such : 
 view is not inconsistent with the incorporation c 
 many parts of the Etruscan system, as the const 
 tution of the college of augurs, or the divisions ( 
 the heavens. 
 
 Augury was one of the many safeguards whic 
 the wisdom of an oligarchy opposed to the freedo; 
 of the picbs. (Liv. vi. 41.) Of the three comitia- 
 curiata,centuriata and tributa — the two former wei 
 : subject to the auspices. As the favourable sig7 
 were known to the augurs alone, their scruph 
 were a pretext for the government to put off an u 
 convenient assembly. Yet in early times tl 
 augurs were not the mere tools of the goven 
 ment, but formed by themselves, as is the ca^ 
 in almost all oligarchies, an important portion i 
 the Roman state. The terrors of religion, whic 
 the senate and patricians used against the pleb 
 
AUGUSTALES. 
 ust often liave been turned against themselves, 
 pecially during the period when the college en- 
 yed an absolute control over the election of its 
 i n members. Under the kings, the story of 
 ttiis Naevius seems to testify the independence 
 tlu- augurs. During many centuries their power 
 1^ supported by the voice of public opinion, 
 vy tells us, that the first military tril)unes abdi- 
 jted in consequence of a decree of tlie augurs ; 
 d on another occasion the college boldly declared 
 i> plebeian dictator, M. C. Marcellus, to be 
 egularly created. (Liv. viii. 23.) It was urged 
 the patricians, and half believed by the ple- 
 iians themselves, that the auspices would he pro- 
 led by the admission of the plebs to the rights of 
 il'-emiarriage or the higher magistracies. With 
 L consulship the plebeians must have obtained 
 ite higher auspices ; yet as the magistrates 
 |;re in a great measure dependent on the 
 Igurs, the plebs would not be, in this respect, 
 a level with the patricians until the passing of 
 e Ogulnian law. During the civil wars, the 
 igurs were employed by both parties as politi- 
 i tools. Cicero {De Div. ii. 31. 34) hnnents 
 e neglect and decline of the art in his day. 
 I le college of augurs was finally abolished by tlie 
 iperor Theodosius (Zosim. lib. 4); but so deeply 
 jis the superstition rooted, that even in the 
 iirteenth century, a Christian bishop found it 
 cessary to issue an edict against it. (Montf. 
 J;), i. 113.) 
 
 For a view of the Roman augurs, which 
 rives them from Etruria, see MUUer's Etriishe.r, 
 \. 5. [B. J.] 
 
 I. AUGUST A'LES (sc. ludi, also called Amius- 
 ia, sc. certainimi, ludicra, and by the Cireek 
 ■iters and in Greek inscriptions, 'SeSaara, 
 Sacrijua, Avyov(na\ia) were games celebrated in 
 nour of Augustus, at Rome and in other parts 
 the Roman empire. After the battle of Actium, 
 quinquennial festival (irai/rj7upis irei/TeTjfpis) 
 IS instituted ; and the birthday {y(vi8Ma) of 
 igustus, as well as that on which the victory was 
 inounced at Rome, were regarded as festival 
 lys. (Dion. Cass. li. 19.) In the provinces, also, 
 addition to temples and altars, quinquennial 
 jines were instituted in almost every town. (Suet. 
 .Iff. c. 59.) On his return from Rome to Greece, 
 B.C. 19, after being absent from Italy for two 
 ars, the day on which he returned was made a 
 rtival, and called Augustalia. (Dion Cass. liv. 
 i-) The Roman equites were accustomed of their 
 <| n accord to celebrate the birthday of Augustus 
 I every alternate year (Suet. Auy. 57) ; and the 
 ^letors, before any decree had been passed for the 
 rpose, were also in the habit of exhibiting games 
 i^ry year in honour of Augustus. According to 
 . on Cassius (liv. 34), it was not till B. c. II, that 
 p augustalia were established by a decree of the 
 fjiate ; by which augustalia he appears, from the 
 •jmection of the passage, to mean the festival 
 I ebrated on the birthday of Augustus. This ac- 
 <'int seems, however, to be at variance with the 
 rtement of Tacitus, who speaks of the augustales 
 i; first commenced in the reign of Tiberius (liuUis 
 ■ ijimtales tunc primam coeptos * turbavit dincorJia, 
 l it. Ann. i.54) ; but Tacitus apparently uses this 
 
 * To reconcile this passage of Tacitus with the 
 ' p quoted from Dion Cassius, Lipsius, without 
 S. authority, changed coepios into cocpta. 
 
 AUGUSTALES. 11" 
 
 expression on account of the formal recognition of the 
 games, which was made at the beginning of the 
 reign of Tiberius (Tacit. Ann. i. I, 5), and thus speaks 
 of them as first established at that time. They were 
 exhibited annually in the circus, at first by the 
 tribunes of the plebcs, at the commencement of the 
 reign of Tiberius, but afterwards by the praetor 
 peregrinus. (Tacit. Ann. i. 1.5 ; Dion Cass. Ivi. 
 4ly.) These games continued to be exhibited in 
 the time of Dion Cassius, that is, about A. D. 230 
 (liv. 34). 
 
 The augustales, or augustalia, at Neapolis 
 (Naples), were celebrated with great splendour. 
 They were instituted in the lifetime of Augustus 
 (Suet. Auff. 98), and were celebrated every five 
 j'ears. According to Strabo (v. p. 241)), who 
 speaks of these games without mentioning their 
 name, they rivalled the most magnificent of the 
 Grecian festivals. They consisted of gjnunastic 
 and musical contests, and lasted for several days. 
 (Strabo, I. c.) At these games the Emperor Clau- 
 dius brought forward a Greek comedy, and re- 
 ceived the prize. (Suet. Claud. II ; Compare Dion 
 Cass. Lx. 6.) 
 
 Augustalia (Segao-ra) were also celebrated at 
 Alexandria, as appears from an inscription in 
 Gruter (316. 2) ; and in this city there was a mag- 
 nificent temple to Augustus (2eSa(TTeiov, Aiigun- 
 iale). We find mention of augustalia in numerous 
 other places, as Pergamus, Nicomedia, &c. 
 
 II. AUGUSTA'LES were an order of priests 
 in the munici]>ia, who were appointed by Augustus, 
 and selected from the libortini, whose duty it was 
 to attend to the religious rites connected with the 
 worship of tlie Lares and Penates, which Augustus 
 put in places where two or more ways met {in 
 compiiis, Schol. on Hot: Sat. Ii. iii. 281). The 
 name of this order of priests occurs frequently in 
 inscriptions, from which we learn that the Augus- 
 tales formed, in most municipia, a kind of corpora- 
 tion, of which the first six in importance had the 
 title of scriri, and the remainder that of compi- 
 tales Larum Aug. ((Jrelli, Inscrip.'iSod ; Compare 
 Petron. Sat. c. 30.) It has been maintained by 
 some modem writers that these Augustales were 
 civil magistrates ; but there is good reason for be- 
 lieving that their duties were entirely of a religious 
 nature. The office, which was called Aiigustalitas, 
 was looked upon as honourable, and was much 
 sought after by the more wealthy libertini ; and it 
 appears that the decuriones in the municipia were 
 accustomed to sell the dignity, since we hnd it re- 
 corded in an inscription that the office had been 
 conferred gratuitously upon an individual on ac- 
 count of the benefits which he had conferred upon 
 the town (^ordo dccurionum oh mcrita ejus honoivin 
 Auyudalitaiis tjratuitum decrcvit, Orelli, 3213). 
 The number of Augustales in each municipium 
 does not appear to have had any limitation ; and 
 it seems that, in course of time, almost all the 
 respectable libertini in every municipium belonged 
 to the order, which thus formed a middle class be- 
 tween the decuriones and plebs, like the equestrian 
 order at Rome. We find in the inscriptions of 
 many muncipia that the decuriones, seviri or 
 Augustales, and plebs, are mentioned together, as 
 if they were the three principal classes into which 
 the community was divided. (Urelli, 3939.) 
 
 The Augustales, of whom we have been speak- 
 ing, should be carefully distinguished from the 
 sodalcs Atigiistales, who were an order of priests 
 
118 
 
 AURUM. 
 
 instituted by Tiberius to attend to the worship of 
 Augustus. ( Tacit.^wn. i. 54; Compare OTe\ii,Insci-ip. 
 'XM>(j, 231)7, &c. ) They were chosen Ijy lot from 
 among the principal persons of Rome, and were 
 twenty-one in number, to which were added Tibe- 
 rius, Drusus, Claudius, and Germanicus. (Tacit./.c.) 
 They were also called }.att'/'</(>/t'S Aufjustahs (Tacit. 
 Ann. ii. 83) ; and sometimes simply Augusiales. 
 (Tacit. Hist. ii. 95.) It appears that similar priests 
 were appointed to attend to the worship of other 
 emperors after their decease ; and we accordingly 
 find in inscriptions mention made of the sodalcs 
 Flavii, Hadrianales, Adiani, Autonmi,kc. (Orelli, 
 Inscrip. 2371, &c.) 
 
 It appears that the flamiites Aiigmtales ought 
 to be distinguished from the sodales Aufittstalca. 
 We find that flamines and sacerdotes were appoint- 
 ed, in the lifetime of Augustus to attend to his wor- 
 ship ; but we have the express statements of Sue- 
 tonius and Dion Cassius that this worship was con- 
 fined to the provinces, and was not practised in 
 Rome, or in any part of Italy, during the lifetime 
 of Augustus. (Tacit. Ann. i. 10 ; Suet. Any. 52 ; 
 Dion Cass. li. 20.) Women even were appointed 
 priestesses of Augustus, as appears from an inscrip- 
 tion in Gniter (320. 10) : this practice probably 
 took its origin fnun the appointment of Livia, by a 
 decree of the senate, to be priestess to her deceased 
 husband. (Dion Cass. Ivi. 46.) It seems probable 
 that the sodales Augustales were entrusted with the 
 management of the worship ; but that the flamines 
 Augustales were the persons who actually offered 
 the sacrifices and peribnued the other sacred rites. 
 A member of the sodales Augustales was some- 
 times a flamen also (Neroni Caesari, Jiumiui 
 Augnstali, sodali Am/usiali, Orelli, Inscrip. 23CG, 
 2368) ; and it is not improbable that the flamines 
 were appointed by the sodales. 
 AUGUSTUS. [C.\LENDAR (Roman).] 
 AULAEUM. [SiPARiuM ; Tapes ; Velum.] 
 'ATAO'5, a wind instnmient played with the 
 fingers. It consisted of several parts :■ — yKurris, or 
 ■yAcuTTo, the mouthpiece, which was taken off 
 when not used, and kept in a case (yAwTTOKo- 
 /leiuv) ; vTTuyXaiTTis, the under part of the mouth- 
 piece, often put for the mouthpiece itself ; oX/iOi, 
 pieces of wood, or bone, inserted in the TpuTrrjiUOTo, 
 or openings, and pushed aside, or up and down, 
 so as to narrow or extend the compass of the scale 
 at pleasure ; v<p6\iJ.iov, similar to oA/ioi, but in- 
 serted in the mouthpiece, so as to lessen the power 
 of the instinmcnt when required, — it is often con- 
 founded with o\fj.os and 7AWTT0. B6p.€v^ appears 
 to have been the same with uA/xos : according to 
 Hesychius, it was also a kind of avX6s. i>op§eia 
 was not a part of the auAo's, but a strap fastened at 
 the back of the head, with a hole in front fitting 
 to the mouthpiece. [<i>OPBEI'A.] (Ilesjch. in 
 Vocibus; Pollux, iv. 67; Salmas. Plin. Excr. p. 
 120. a. 6; Bartholini, Dc I'ibiiji, p. 62.) For 
 an account of the dift'erent sorts of avAol, sec 
 Tibia ; and for the character of flute music, 
 and its adaptation to the different modes, see 
 Musica. [B. J.] 
 
 AUREUS. [AuRUM.] 
 AURI'GA. [CiRCU.s.] 
 
 AURUM {xp«<^<is), gold. It is stated under 
 Argentum that as kite as the commencement of 
 the Peloponnesian war the Athenians had no gold 
 coinage. It would appear from a passage in the 
 Antigone (v. 1038), that in the time of Sophocles 
 
 AURUM. 
 
 gold was rare at Athens. Indeed throughout th( 
 wliole of Greece, though gold was by no means un- 
 known, it appears to have been obtained chieHj 
 through the Greek cities of Asia Minor, and thi 
 adjacent islands, which possessed it in abundance 
 The Homeric poems speak constantly of gold as 
 being laid up in treasuries, and used in large quan- 
 tities for the purposes of ornament ; but this ii 
 sufficiently accounted for by the fact that Homei 
 was an Asiatic Greek. The chief places from whicL 
 the Greeks procured their gold were India, Arabia 
 Armenia, Colchis, and Troas. It was found mixed 
 with the sands of the Pactolus and other rivers. 
 
 Greek Gold Money.- — The time when goldwai 
 first coined at Athens is very uncertain. Aristo- 
 phanes speaks in the Frogs (406 B.C.) of to kmvoi 
 Xpvaiov, "the new gold money" (v. 719), whicl 
 he immediately afterwards calls ■novr\pa yaKKia (v 
 724). The Scholiast on this passage states that ir 
 the preceding year the golden statues of Victorj 
 had been coined into money, and he quotes Hellanicui 
 and Philochorus as authorities for this statement 
 It would appear from the language both of Aristo- 
 phanes and the Scholiast, and it is probable from 
 the circmnstances of Athens at the time (it was thi 
 year before the battle of Acgospotami), that this 
 was a greatly debased gold coinage, struck to meet 
 a particular exigency. This matter is distinct from 
 the general question respecting the Athenian gold 
 coinage, for the Attic money was proverbial for its 
 purity, and the grammarians, who state that Athens 
 had a gold coinage at an early period, speak of it 
 as verj' pure. There are other passages in Aristo- 
 phanes in which gold money is spoken of ; but in 
 them he is referring to Persian money, which is 
 known to have been imported into Athens before 
 the Athenians had any gold coinage of their own. 
 and even this seems to have been a rarity. (See 
 Aristoph. Achuni. v. 102, 108; Eijuit. v. 470: 
 Ar. V. 574.) Denu)sthenes always uses apyvpiov 
 for money, except when he is speaking of foreigi 
 gold. In the speech against Phormio, where he 
 repeated!}' uses the word xpvcriov, we are expresslj 
 told what was the money he referred to, namely. 
 120 staters of Cyzicus (p. 914; compare his speech 
 TTpos AaKpir. p. 935). Isocrates, who uses the 
 word in the same way, speaks in one passage ol 
 iiiyinri gold money (xpuffwye''') in exchange foi 
 silver (Trapezit. p. 367). In many passages of the 
 orators, gold money is expressly said to have been 
 imported from Persia and Macedonia. If we look 
 at the Athenian history, we find that the silver 
 mines at Laurion were regarded as one of the 
 greatest treasures possessed by the state ; but ni 
 such mention is made of gold. Thucydides (ii. 13^ 
 in enumerating the money in the Athenian trea- 
 sury at the beginning of the Peloponnesian war 
 does not mention gold ; and Xenophon speaks ol 
 the money of Athens in a manner which wouk 
 lead us to suppose that it had no gold coinage ir 
 his time (Vcctirjal, iv. 10). The mines of Scapte- 
 hyle, in Thrace, were indeed worked some year: 
 before this period (Thucyd. iv. 105); but the gok 
 procured from them does not appear to have beer 
 coined, but to have been laid up in the treasury ii 
 the fonn of counters ((p6o75es, Bockli, Inscrip. vol 
 i. 145, 146). Foreign gold coin was often brough' 
 into the treasury, as some of the allies paid thcii 
 tribute in money of Cyzicus. The gold money thus 
 introduced may have been allowed to circulate 
 while silver remained the current money of the state 
 
AURUM. 
 
 AURUM. 
 
 119 
 
 Tlie character of the Attic gold coins now in 
 isti'iice, and their small number (about a dozen), 
 a strong proof against the existence of a gold 
 ineiicy at Athens at an early period. There are 
 I ree Attic staters in the British Museum, and one 
 |i the Hunterian Museum at Glasgow, wliich there 
 1 good reason to believe are genuine ; their weights 
 Srree exactly with the Attic standard. In the 
 (laracter of the impression they bear a striking re- 
 imblance to the old Attic silver; but they differ 
 nm it by the absence of the thick bulky form, and 
 R- high relief of the impression which is seen in 
 ,e old silver of Athens, and in the old gold coins 
 i' other states. In thickness, volume, and the 
 i;pth of the die from which they were struck, they 
 josely resemble the Macedonian coinage. Now, 
 i upon the rise of the Macedonian empire, gold 
 acame plentiful in Greece, and was coined in 
 |,rge quantities by the Macedonian kings, it is not 
 'jnprobable that Athens, like other Grecian states, 
 jiay have followed their example, and issued a gold 
 (linage in imitation of her ancient silver. On the 
 'hole, it appears most probable that gold money 
 ras not coined at Athens in the period between 
 I'ericles and Alexander the Great, if we except the 
 olitary issue of debased gold in the year 407. 
 
 A question similar to that just discussed arises 
 nth respect to other Greek states, which we know 
 ) have had a silver currency, but of which a few 
 jold coins are found. This is the case with Aegina, 
 I'hebes, Argos, Carystus in Euboea, Acamania, 
 nd Aetolia. But of these coins aU, except two, 
 l ear evident marks, in their weight or workman- 
 ship, of belonging to a period not earUer than 
 Ivlexander the Great. There is great reason, there- 
 jire, to believe that no gold coinage existed in 
 Wreece Proper before the time of that monarch. 
 i But from a verj' early period the Asiatic nations, 
 ind the Greek cities of Asia Minor and the adja- 
 ;ent islands, as well as Sicily andCyrene, possess- 
 jd a gold coinage, which was more or less current 
 In Greece. Herodotus (i. 94) says that theLydians 
 jrere the first who coined gold, and the stater of 
 i^roesus appears to have been the earliest gold coin 
 Uown to the Greeks. The Dane was a Persian 
 join. Staters of Cyzicus and Phocaea had a con- 
 jiderable currency in Greece. There was a gold 
 oinage in Samos as early as the time of Polycrates. 
 Herod, iii. 5G.) The islands of Siphnus and 
 I'hasos, which possessed gold mines, appear to have 
 .ad a gold coinage at an early period. In most of 
 Ihe coins of the Greek cities of Asia Minor the 
 netal is very base. The Macedonian gold coinage 
 arae into circulation in Greece in the time of 
 'hilip, and continued in use till the subjection of 
 Greece to the Romans. [Daricus ; Statek.] 
 I Roman Gold Money. — The standard gold coin 
 pf Rome was the aureus tuimmus, or denarius 
 (,ureus, which, according to Pliny (//. A'^ xxxiii. 
 . 3) was first coined 62 years after the first silver 
 .oinage [Argentum], that is in the year 207 B. c. 
 fhe lowest denomination was the seriqmlum, which 
 ,vas made equal to 20 sestertii. The weight of the 
 ciTipulum, as determined by Mr. Hussey {^Aiicient 
 Weiyhts a7id Money) was 18'06 grs. In the British 
 Museum there are gold coins of one, two, three, 
 md four scrupula, the weights of which are 17 '2 
 54'5. 51'8, and 68"9 grains respectively. They 
 )ear a head of Mars on one side, and on the other 
 in eagle standing on a thunderbolt, and beneath 
 ,he inscription " Roma." The first has the mark 
 
 XX (20 sestertii) ; the second, xxxx (40 sestertii) ; 
 the third, ^ x (60 sestertii). Of the last we sub- 
 join an engraving : — 
 
 Pliny adds that afterwards aurei were coined of 
 40 to the pound, which weight was diminished, 
 till under Nero (the reading of this word is doubt- 
 ful) they were 4.5 to the pound. This change is 
 supposed, from an examination of extant specimens, 
 to have been made in the time of Julius Caesar. 
 The estimated full weight of the aurei of 40 to the 
 pound is 130-1 grains, of those of 45 to the pound 
 I15'64 grains. No specimens exist which come 
 up to the 130'I grains ; the heaviest known is one 
 of Pompey, which weighs 128"2 grains. The aver- 
 age of the gold coins of Julius Caesar is fixed by 
 Letronne at 12S"66 grains, those of Nero 115'39 
 grains. Though the weight of the aureus was 
 diminished, its proportion to the weight of the de- 
 narius remained about the same, namely, as 2 : 1 
 (or rather, perhaps, as 2T :1). Therefore since 
 the standard weight of the denarius, under the 
 early emperors, was 60 grains, that of the aureus 
 should be 120. The average weight of the aurei 
 of Augustus, in the British Museum, is 121 '26 
 grains : and as the weight was afterwards dimi- 
 nished, we may take the average at 120 grains. 
 
 There seems to have been no intentional alloy in 
 the Roman gold coins, but they generally contained 
 a small portion of native silver. The average alloy 
 is pro- 
 
 The aureus of the Roman emperors, therefore, 
 contained i^=-4 of a grain of alloy, and there- 
 fore 119'6 grains of pure gold. Now a sovereign 
 contains 11 3' 12 grains of pure gold. Therefore the 
 value of the aureus in terms of the sovereign is 
 AJ^:^ = l-0564=:n. Is. Id. and a little more 
 than a halfpenny. This is its value according to 
 the present worth of gold ; but its current value 
 in Rome was different from this, on account of the 
 diiference in the worth of the metal. The aureus 
 passed for 25 denarii ; therefore, the denarius be- 
 ing 8^., it was worth 1 7s. 8^/. The ratio of the 
 value of gold to that of silver is given in the article 
 Argentum. 
 
 The following cut represents an aureus of Au- 
 gustus in the British Museum, which weighs 121 
 grains. 
 
 Alexander Severus coined pieces of one-half and 
 one-third of the aureus, called Semissis and tremis- 
 sis (Lamprid, Alex. Sev. c. 39), after which time 
 the aureus was called solidus. 
 
 Constantino the Great coined aurei of 72 to the 
 pound ; at which standard the coin remained to 
 the end of the empire. (Cod. x. tit. 70. s. 5; 
 
1-20 
 
 AUSPICIUM. 
 
 AUSPICIUM. 
 
 Hussey, On Ancient Weiyhfs and Money ; Wurm. 
 De Pond. &c.) [P. S.] 
 
 AURUM CORONA'RIUM. When a general 
 in a Roman province had obtained a victory, it 
 was the custom for the cities in his own provinces, 
 and for those from the neighbouring states, to send 
 golden crowns to him, which were carried before 
 him in his triumph at Rome. (Liv. xxxviii. 37 ; 
 xxxix. 7 ; Festus, s. Triumphales Coronae.) This 
 practice appears to have been borrowed from the 
 Greeks ; for Chares relates, in his history of Alex- 
 ander (apud Athen. xii. p. 539. A.), that after the 
 conquest of Persia, crowns were sent to Alex- 
 ander, which amounted to the weight of 10,500 
 talents. The number of cro^vns which were sent 
 to a Roman general was sometimes very great. 
 Cn. Manlius had "200 crowns carried before him in 
 the triumph which he obtained on account of his 
 conquest of the Gauls in Asia. (Liv. xxxix. 7.) 
 In the time of Cicero, it appears to have been 
 usual for the cities of the provinces, instead of 
 sending crowns on occasion of a victory, to pay 
 money, which was called aurum coronarium. 
 (Cic. Leg. Ayr. ii "22 ; Aul. GeU. v. 6 ; Monum. 
 Ancyr.) This offering, which was at first voluntary, 
 came to be regarded as a regular tribute, and seems 
 to have been sometimes exacted by the governors of 
 the provinces, even when no victory had been gained. 
 By a law of Julius Caesar (Cic. in Pis. c. 37), it 
 was provided that the aurum coronarium should 
 not be given, unless a triumph was decreed ; but 
 under the emperors it was exacted on many other 
 occasions, as, for instance, on the adoption of 
 Antoninus Pius. (Capitolin. Anton. Pius, c. 4.) It 
 continued to be collected, appai'ently as a part of 
 the revenue, in the time of Valentinian and Theo- 
 dosius. (Cod. 10. tit. 74.) 
 
 Servius says {Ad. Virg. Acn. viii. 721), that 
 aurum coronarium was a sum of money exacted 
 from conquered nations, in consideration of the 
 lives of the citizens being spared ; but this state- 
 ment does not appear to be correct. 
 
 AURUM LUSTRA'LE was a tax imposed by 
 Constantine, according to Zosimus (ii. 38), upon 
 all merchants and traders, which was payable at 
 every lustrum, or every four years, and not at every 
 five, as might have been expected from the original 
 length of the lustrum. This tax was also called 
 auri et argcnli col/utio or praestatio, and thus in 
 Greek tJ (rvvri^fia r) rod xp'"''op7"p<'"- (Cod. 
 II. tit. I ; Cod. Theod, 13. tit. 1.) It ap- 
 pears from an inscription in Gruter (p. 347. n. 4.) 
 that there was a distinct officer appointed to collect 
 this tax {auri lustralis coactor). 
 
 AUSPICIUM, originally meant a sign from 
 birds. The word is derived from mns, and the 
 root spec. As the Roman religion was gradually 
 extended by additions from Greece and Etruria, 
 the meaning of the word was widened, so as to in- 
 clude any supernatural sign. The chief difference 
 between auspiciuin and aue/urima seems to have 
 been that the latter term is never applied to the 
 speclio of the magistrate. [Augur.] 
 
 Whoever has thought on this part of the Roman 
 religion cannot but feel astonished at its exceeding 
 simplicity. The rudest observations on the instinct 
 of birds, such as the country people make in all 
 ages, were the foundation of the Roman belief. 
 The system outlived the age for which it was 
 adapted, and in which it arose. Its duration may 
 be attributed to its convenience as a political in- 
 
 strument : at length, as learning and civilisation 
 increased, it ceased to be regarded in any other 
 light. 
 
 Yet simple as the system appears, of its inumer- 
 able details only a faint outline can be given. (See 
 Niphus, De A itytcriis ; Bulengre, De Aug. ; Demp- 
 ster, Antiq. Rom. lib. iii.) Birds were divided 
 into two classes, oscines and praepetes ; the former 
 gave omens by singing, the latter by their flight 
 and the motion of their wings. Every motion of 
 every bird had a different meaning, according to 
 the different circumstances, or times of the year 
 when it was observed. Many signs were supposed 
 to be so obvious, that any not blinded by fate 
 might understand them : and much was not re- 
 ducible to any rule, the meaning of which could 
 only be detected by the discrimination of augurs. 
 
 Another division of birds was into dextrae and 
 sinh/rae, about the meaning of which some diffi- 
 culty has arisen from a confusion of Greek and 
 Roman notions in the writings of the classics. The 
 Greeks and Romans were generally agreed that 
 auspicious signs came from the East, but as the 
 Greek priest, turned his face to the north the east 
 was on his right hand, the Roman augur with his 
 face to the south had the east on his left. The 
 confusion was further increased by the euphemisms 
 common to both nations ; and the rule itself was 
 not universal at least with the Romans, the jay 
 when it appeared on the left, the crow on the right 
 being thought to give sure omens. (Hor. Od. in. 
 xxvii. 11 — Ifi ; Ep. I. vii. 52 : Virg. Aen. ii. 693 ; 
 Buc. ix. 15: Persius, Sat. v. 114.) 
 
 The auspices were taken before a marriage 
 (Cicero, DcDiv. i. 11), before entering on an expe- 
 dition (Plut. Marc. Cras.), before the passing of 
 laws, or election of magistrates, or any other im- 
 portant occasion, whether public or private. Candi- 
 dates for public offices used to sleep without the 
 walls on the night before the election that they 
 might take the auspices before daylight. In early 
 times such was the importance attached to them 
 that a soldier was released from the military oath, 
 if the auspices had not been duly performed. 
 
 The commander-in-chief of an aniiy received the 
 auiyiices, together with the impcrium, and a war 
 was therefore said to be carried on dudu et auspido 
 iniperatoris, even if he were absent from the anny, 
 and thus, if the legatus gained a victory in the 
 absence of his commander, the latter, and not his 
 deputy, was honoured by a triumph. 
 
 The ordinary manner of taking the auspices was 
 as follows : — The augur went out before the dawn 
 of day, and sitting in an open place, with his head 
 veiled, marked out with a wand (lituus) the divi- 
 sions of the heavens. Next he declared in a solemn 
 form of words the limits assigned, making shrubs 
 or trees, called tesqua (Varro, De Ling. Lat. vi. 4), 
 his boundary on earth correspondent to that in the 
 sky. The templum augurate, which appears to have 
 included both, was divided into four parts : those 
 to the east and west were termed sinistrac and (/ea^ 
 trae; to the north and south, anticae, and posticae. 
 [Agrimensores.] If a breath of air disturbed 
 the calmness of the heavens (si silentium nan esset, 
 Cic. De Div. ii. 34), the auspices could not he 
 taken, and according to Plutarch (Quaest. Rom.) 
 it was for this reason the augurs carried lanterns 
 open to the wind. After sacrificing, the augur 
 offered a prayer for the desired signs to appear, re- 
 peating after an inferior minister a set fonn : unless 
 
AUSPICIUM. 
 
 'AHONES. 
 
 121 
 
 ;e first appearances were confimied by subsequent 
 ties, they were insufficient. If in returning home 
 ; e augur came to a running stream, he again re- 
 3 ated a prayer, and purified himself in its waters : 
 iherwise the auspices were held to be null. 
 ;i Another method of taking the auspices, more 
 jual on military expeditions, was from the feed- 
 g of birds confined in a cage, and committed to 
 e care of the pullunits. An ancient decree of 
 e college of augurs allowed the auspices to be 
 ik'en from any bird. (Cic. De Div. ii. 34.) When 
 l around seemed favourable {silentio fm-to, h. e. 
 vod omni ritio caret), either at dawn (Liv. x. 
 ;)), or in the evening, the puUarius opened the 
 •ge and threw to tlie chickens pulse, or a kind of 
 i'h cake. If they refused to como out (Val. Max. 
 ■ 4), or to eat, or uttered a cry (occinermt), or 
 ;at their wings, or flew away, the signs were con- 
 dered unfavourable, and the engagement was de- 
 yed. On the contrary, if they ate greedily, so 
 lat something fell and struck the earth {tripudium 
 llistimiwi, Cic. /> Dii: ii. 34 ; tripmliam quasi 
 \rripavmm, solviiiinam, from solum, the latter part 
 ' the word probably from the root of stimulo), it 
 las held a favourable sign. Two other kinds of 
 iipiulia are mentioned by Festus, the tripudium 
 \:cinum,{vo-ca the cry of birds,and s(imvium,{ro\n the 
 Dund of the pulse falling to the ground. (Cic. Ep. 
 rl Famil. vi. G ; see also Servius on Aen. iii. 90. 
 ^i'remere omnia vi<a rcpente.) 
 I The place, where the auspices were taken, called 
 ^iffuraculum, auguruh, or auguratoritim, was 
 oen to the heavens — one of the most ancient of 
 jiese was on the Palatine hill, the regidar station 
 (■r the observations of augurs. Sometimes the 
 (ispices were taken in the capitol, or in the 
 :5moeriura. In the camp a place was set apart 
 |) the right of the general's tent. (Tacit. Ann. ii. 
 :3.) On other occasions, when the auspices were 
 ■iken without the walls, the augur pitched a tent 
 ti r a solemn form : if he repassed the pomocrium 
 ithout t,aking the auspices, it was necessary that 
 ii- ti nt should be taken down and dedicated anew. 
 Val. Max. i. 1.) 
 
 The lex Aelia and Fufia provided that no assem- 
 ies of the people should be held, nisi prius de 
 <elo servatum esset. (Cic. Pro Scrtio, c. 17 ; Pro 
 at. c. 9.) It appears to have confirmed to the 
 agistrates the power of obnuttciatio, or of inter- 
 jsing a veto. [Augur.] 
 
 Auspicia were said to be cliria, prohibitory, im- 
 ^trativa or impetrita, obtained by prayer, opposed 
 |i oblativa spontaneous ; majora tliose of the higher, 
 \.inora of the inferior magistrates ; coacta, when 
 le chickens were starved by the puUarius into 
 ving favourable signs (Cic. De Dir. ii. 35) ; pj' 
 .•uminibus, from the brightness or sharpness of 
 eapons, an art which Cicero {De Div. ii. 30) 
 iments as lost in his own day ; Jiiffc ausjnciiim, 
 lom birds re-appearing in pairs ; pedcsire, from 
 (limals : cockste (Siocrrj/Uia), from lightning, &c. ; 
 yaetennine, before passing the borders (SmSar^fxa) ; 
 I'.renne, before crossing a river ; ri(de (dvoSiov) an 
 inen in the way. (Hor. Od. iii. xxvii. 1 — 7.) 
 Augurium satutis was taken once during the 
 ar, and only in time of peace (Dio. li. p. 457 ), to 
 quire of the gods concerning the well-being 
 :' the state. 
 
 The aris sangiialis (a kind of eagle, probably 
 ,\e osprey) was so called from the Sabine god 
 incus, as were the Titiae aves, according to Varro 
 
 (De Ling. Lat. iv. 15 ; the same with titus, a sort of 
 dove), from the sodales Tiiii. Both were in high 
 esteem with the augurs. The owl, the swallow, 
 the ja}', the woodpecker, were almost always in- 
 auspicious : the eagle, the bird of Jupiter, on the 
 other hand, was generally a messenger of good, as 
 also the heron. The crow, before a marriage, was 
 considered an omen of matrimonial happiness. 
 
 The curious in such matters may find a vast 
 number of similar particulars in Bulengre (De 
 Auguriia, lib. 2), which is printed in the fifth vo- 
 lume of the Thesaurus of Graevius. [B. J.] 
 AUTHEN'TICA. [Novellae.] 
 AUTHEPSA {avei^s), which literally means 
 " self-boiling" or " self-cooking," was the name of 
 a vessel, which is supposed by Bottiger to have 
 been used for heating water, or for keeping it 
 hot. Its form is not known for certain ; but 15ot- 
 tiger {Suliiiia, vol. ii. p. 30) conjectures that a 
 vessel, which is engraved in Caylus {Reciu-il d\ln- 
 tiyuites, vol. ii. tab. 27), is a specimen of an 
 authepsa. 
 
 Cicero (Pro Rose. Amerin. Ait) speaks of 
 authepsae among other costly Corinthian and Delian 
 vessels. In later times they were made of silver. 
 (Lamprid. Hclingcdi. 19 ; but the reading is doubt- 
 ful.) Voss in his commentary on Catullus (p. 318) 
 compares this vessel with the (Jreek l-KvoKiSr}i, 
 which occurs in Lucian (Ix'ocipli. 8), and Athenaeus 
 (Casaubon, Animad. in Athen. iii. 20). 
 
 ■ATT0M0AI'A2 rPA*H' was the accusation of 
 persons charged with having deserted and gone 
 over to the enemy during war. There are no 
 speeches extant upon this suliject. Petitus, how- 
 ever collects (Leg. Att. 074) from the words of a 
 commentator upon Demostlienes (Ulpian), that the 
 punishment of this crime was death. Meier (J «. 
 Proc. 3b"5) awards the presidency of the court in 
 which it was tried to the generals ; but the circum- 
 stance of persons who left the city in times of 
 danger without any intention of going over to the 
 enemy, being tried by the Areiopagus as traitors 
 (icpoUTtxi, Aesch. in Ctcs. lOG. Tayl. and Lycurg. 
 in Leocrat.) will make us pause "before we con- 
 clude that persons not enlisted as soldiers could 
 be indicted of this oftence before a military tri- 
 bunal. [J. S. jVI.] 
 
 AUTON'OMI (avTov6fioi)\va>i the name given 
 by the Greeks to those states which were governed 
 by their own laws, and were not subject to any 
 foreign power. (Thuc. v. 18.27 ;Xen. ILell.y. 1 ^ 31.") 
 This name was also given to those cities subject to 
 the Romans, which were permitted to enjoy their 
 own laws, and elect their own magistrates 
 (Omnes, suis leyihus et Ju/lieiis usae avrovo- 
 fiiav adeptae, 7-evirerunt, Cic. Ad Att. vi. 2). 
 This permission was regarded as a great privilege, 
 and mark of honour; and we accordingly find it 
 recorded on coins and medals, as, for instance, on 
 those of Antioch ANTIOXEHN MHTPOnOA. 
 ArrONOMOT,on those of Halicaniassus AAIKAP- 
 NACCEHN ATTONOMnN, and on tliose of many 
 I other cities. (Spauh. De Pracst. et UsuNumism. p. 
 789. Amst. 1(;71.) 
 
 'ATTOTEAH'S AI'KH. [AI'KH.] 
 
 AUXILIA'RES. [Socii.] 
 
 AXAMEN'TA. [Salii.] 
 
 'AHI'NH. [Securis.] 
 
 "AHONES were wooden tablets of a square or 
 pi.Tamidal form made to turn on an axis, on 
 ! which were written tlie laws of Solon. They were 
 
122 
 
 BACULUS. 
 
 BALATRO. 
 
 at first preserved in the acropolis, but were after- 
 wiirds placed, through the advice of Ephialtes, in 
 the agora, in order that all persons might be able 
 to read them. (Pint. Sot. 35 ; Schol. un Ariituph. 
 Ares, 1360 ; and the authorities quoted in Petit. 
 Li'ff. Ait. p. 178, and Wachsmuth, i. 1. p. 2()6.) 
 According to Aristotle (apud Plut. Sol. 25) they 
 were the same as the KvpSpeis. A small portion 
 of them was preserved in the time of Plutarch (I. c.) 
 in the prytaneum. (Compare Paus. i. 18 § 3.) 
 
 B. 
 
 BABYLO'NICUM, a Babylonian shawl. The 
 splendid productions of the Babylonian looms, 
 which appear even as early as the days of Joshua 
 to have excited universal admiration {.JosIl vii. 
 21), were, like the shawls of modem Persia, 
 adorned both with gold and with variously coloured 
 figures. Hence Publius Syrus (ap. Petron. c. 55) 
 compares a peacock's train to a figured Babyloni- 
 cum,enriched with gold [jdumato aureo Dahi/lotiwo). 
 Lucretius (iv. 1023) and Martial (viii. 28) cele- 
 brate the magnificence of these textures, and Pliny 
 (viii. 74) mentions the enormous prices of some 
 which were intended to serve as furniture for tri- 
 clinia {tridiitkiria Balji/lunica). Nevertheless, Plu- 
 tarch informs us in his life of the elder Cato, that 
 when one of these precious shawls (€7ri§\Tj/ia twv 
 iroiKiAaic BaSuAtvvtKov) was bequeathed to him, he 
 immediately gave it away. [Pallium. :Pek,i- 
 
 STROMA. StRAGULLIM.] [J. Y.] 
 
 BACCA. [Inauris ; Monile.] 
 
 BACCHANA'LIA. [Dionvsia.] 
 
 BACULUS, </i«i. BACILLUS, BACILLUM, 
 (PdKTpov, <TKT)TiTpov), a Staff, a walking-stick. 
 
 The aid afforded by the ^aKrpov to the steps of 
 the aged, is recogniised in the celebrated enigma of 
 the Sphinx, wliich was solved by Oedipus. (Apol- 
 lodor. iii. 5 ; Schol. in Eurip. Phocn. 50.) In his 
 old age, Oedipus himself is represented asking his 
 daughter for the same support : — BaKrpa vpoacpip', 
 & t4kvov. ( Eurip. /*/;oe«. 1742. Compare 15()0.) 
 When in Ovid's Metamorphoses certain of the gods 
 (viz., Minerva, vi. 27 ; and Vertumnus, xiv. (i55) 
 assume the garb of old women, they take the 
 baculus to lean upon. On the other hand, an old 
 man in Juvenal {Siit. iii. 27), describing himself 
 as still hale and vigorous, says, that he walked 
 without a stick (iiulto dextram sulteunte tiacillo). 
 
 If the loss of sight was added to infinnity, the 
 staff was requisite for direction as well as for sup- 
 port. To the blind seer Tiresias one was given, 
 which served him instead of eyes (^670 ^a.Krpoi', 
 Callim. in Lav. Fall. 127 ; (TKrjvTpov, ApoUodor. 
 iii. C). Homer represents him as carrying it even 
 in Erebus. (0</. xi. 91.) 
 
 A dutifid and affectionate daughter is figurative- 
 ly called the staff of her aged parents. Thus 
 Hecuba describes Polyxena (^aKrpoy, Eurip. Hcc. 
 278), and the same beautiful metaphor is apphed 
 to Antigone and Ismene, the daughters of Oedipus 
 ((TKrjTrTgu), Soph. Oed. Col. 844. 1105). 
 
 The staff' and wallet were frequently borne by 
 philosophers, and were more especially charac- 
 teristic of the Cjnics. [Pera.] 
 
 The shepherds also used a straight staff as weU 
 as a crook. The annexed woodcut, taken from a 
 gem in the Florentine cabinet, shows the attire of a 
 
 Roman shepherd in the character of Faustulus, who 
 is contemplating the she-wolf with Romulus and 
 Remus. It illustrates what Ovid [Dc Ponto, i. 8) 
 says of himself in his exile — 
 
 " Ipse veUm baculo pascere nixus oves." 
 
 Among the gods Aesculapius (Ovid, Met. xv. 
 655), Janus [Fast. i. 177), and occasionally Som- 
 nus (Bas-relief in Villa Alhani), were represented 
 as old men leaning on a staff. 
 
 It appears that the kings of Sparta carried a 
 tnincheon (^a/cTTjpia) as the ensign of their autho- 
 rity. (Thuc. viii. 84 ; Duker ad luc.) On the occa- 
 sion of one of them lifting it up in a threatening 
 attitude, Tliemistocles returned the celebrated an- 
 swer, " Strike, but hear." In reference to this 
 custom the truncheon (bacidus) was carried in the 
 hand by actors on the Roman stage. (Suet. Ner, 
 24.) The dicasts at Athens received at the time of 
 their appointment, a |8oKTJ)p^a and avfiSSKov as a 
 mai'k of their authority. (Demosth. DeCor. p. 298, 
 and Taylor's note.) 
 
 Crooked sticks were earned by men of fashion 
 at Athens (fiaKTriplai tQv ckoKiuv €K AofceSai- 
 Hovos, Theophrast Char. 5). 
 
 As baculus was a general term, its application in 
 various specific senses is further explained under 
 LiTUUS ; Pedum ; Sceptrum ; Virga. [J. Y.] 
 
 BAKTHPI'A. [Baculus.] 
 
 BAEBIA AEMIL'IA LEX. [Ambitus.] 
 
 BAL'ATRO, a professional jester, buffoon, or 
 parasite, (Hor. Sat. 1. ii. 2.) In Horace (Sat. n. 
 viii. 21) Balatro is used as a proper name — Sers ilius 
 Balatro. An old Scholiast, in commenting on this 
 word, derives the common word from the proper 
 names ; buffoons being called balatrones, because 
 Servilius Balatro was a buffoon ; but this is oppos- 
 ed to the natural inference from the former pas- 
 sage, and was said to get rid of a difficulty. Festus 
 derives the word from blatea, and supposes buffoons 
 to have been called balatrones because they were 
 dirty fellows, and were covered with spots of mud 
 (hiatcae), with which they got spattered in walking; 
 but this is opposed to sound etjnnology and com- 
 mon sense. Another writer has derived it from 
 barathrum, and supposes buffoons to have been 
 called balatrones, because they, so to speak, carried 
 their jesting to market, even into the very depth 
 (Ijarut/irum) of the shambles (barathrum macelli, 
 Hor. Ep. 1. XV. 31). According to some readings, 
 Lucretius (iii. 966) has Ixirathro in a similar sense 
 to balatro. Perhaps balatro may be connected mth 
 bala-re (to bleat like a sheep, and hence) to speak 
 sillily. It is probably connected with blatcro, a 
 busy-body. (Aul. Gell. i. 15.) Balatrones were 
 paid for their jests, and the tables of the wealthy 
 were generally open to them for the siike of the 
 amusement they afforded the company. [A. A.] 
 
BALTEUS. 
 
 BALTEUS. 
 
 123 
 
 BALIS'TA, BALLIS'TA. [Tormentum.] 
 BAL'NEUM. [Bath.] 
 
 BAL'TEUS (reKaixoiv), a belt, a shoulder-belt, 
 a baldric. 
 
 This part of the ancient armour was used to 
 suspend the sword ; and, as the sword commonly 
 hung beside the left hip, its belt was supported by 
 the right shoulder, and passed obliquely over the 
 breast, as is seen in the beautiful cameo here intro- 
 duced from the Florentine Museum. Tiiis firrure 
 executed by Quintus, the son of Alexander, is sup- 
 posed to represent Achilles, and may be compared 
 with that of the Greek warrior in p. 84, which 
 shows the sword-belt descending obliquely over the 
 back. The figure of the Roman in p. 85, on the 
 other hand, shows a belt passing over the left 
 shoulder, as when it was used to support a dagger 
 or other weapon hanging on the right side. 
 
 In the Homeric times the Greeks also used a 
 belt to support the shield, which, as well as the 
 sword, was worn by tliem on the left side ; and 
 this second belt lay over the other, and was larger 
 and broader than it (reKafiaiv atnri'Sos, II ii. 388. 
 iii. 334 ; Schol. ad loc. ; TrKareds re\afiaivos, v. 
 796 — 7.08 ; ctiTTrlj (riv reKafiwvi, xvi. 803 ; Art. 
 Aegis, p. 1 7). The two belts upon the breast of 
 Ajax, the son of Telamon, who carried a remark- 
 ably heav}' shield, are mentioned in //. xiv. 404 — 
 406. But, altiiough he was saved by this double 
 covering from being wounded by Hector's spear, 
 yet the language of Homer {U. cc.) clearly implies 
 that the practice alluded to was, on the field of 
 battle, productive of great heat and amioyance ; 
 and this circumstanctt probably led to the disuse of 
 the oppressive sliield-belt, and to the invention of 
 the Cariau ox'ivov by which it was superseded. 
 [Clipeus.] The ancient practice must also have 
 occasioned some inconvenience in putting on the 
 armour. The circumstance to which some of the 
 Alexandrine critics objected, that Homer makes his 
 heroes assume the shield before the helmet, may 
 be explained from the impossibility of throwing the 
 shield-belt over the lofty crest of the helmet, sup- 
 posing the helmet to have been put on first ; and 
 yet a warrior, already enciunbered with his large 
 and ponderous shield, might have had some diffi- 
 culty in putting on his helmet. The very early 
 disuse of the shield-belt accounts for the fact, that, 
 except iji the case of the Aegis, which was retained | 
 
 on account of its mythological importance, this part 
 of the ancient amiour is never exhibited in paint- 
 ings or sculptures. Even the author of the Shield 
 of Hercules {I, 122 — 139) supposes it to be 
 omitted. 
 
 A third use of the balteus was to suspend the 
 quiver, and sometimes together with it the bow. 
 Hence Nemesianus, describing the dress of Diana, 
 when she attires herself for the chase, says — 
 
 " Corrugesque sinus gemmatus balteus artet." 
 
 Ci/ney. 91. 
 
 And a similar expression {bcdteas et revocet volucres 
 in jiedore sinus, is used by Livius Andronicus (ap. 
 Terent. Maurura) ; because the belt, besides fulfill- 
 ing the purpose for which it was intended of sup- 
 porting the quiver, also confined the garments and 
 prevented them from being blown about by the 
 wind. This belt passed over the right shoulder 
 and under the left arm in the same manner with 
 the others. 
 
 According to Theocritus, Amphitryon used a 
 sword-belt made of cloth, linen being probably in- 
 tended {veoKX-warai TtKafJUtiVos, Idyll, xxiv. 44). 
 More commonly the belt, whether employed to 
 support the sword, the shield, or the quiver, was 
 made of leather (TeAo/iwci uKviivoiffi, Herod, i. 
 171). It was ornamented [cpaeii'Ss, II. xii. 401 ; 
 Insiffnis balteus aura, Val. Flace. v. 139). That 
 which Agamemnon wore with his shield was plated 
 with silver ; and on it was also displayed a ser- 
 pent (PpaKuiv, II. xi. 39), wrought in blue steel. 
 The three heads of the serpent (Ki(pa\a\ rpels 
 djj.<piaTge(peei) were turned back so as to form 
 hooks for fastening the two ends of the belt to- 
 gether. When, in the shades below, Ulysses meets 
 Hercules anued with his bow and arrows [Arcus], 
 he wears on his breast a golden belt for suspend- 
 ing his quiver (dopr^p XP""'^"* T€\afiwv, Od. xL 
 G09), on which are embossed both the animals 
 of the chase and exhibitions of the slaughter of 
 men. In a passage already quoted Diana's belt is 
 described as enriched with jewels. In like manner 
 Aeneas gives as a prize in the games at his father's 
 tomb a quiver full of arrows, with the belt belong- 
 ing to it, which was covered with gold, and had a 
 buckle, or rather perhaps a button f filmla), en- 
 riched with a gem. (Jen. v. 311 — 313.) We may 
 presume that in the sword-belt described by Vale- 
 rius Flaccus (iii. 190) — "Qua caerulus ambit 
 
 Balteus, et gemini committunt ora dracones," 
 the fastening was made by the tasteful joining of the 
 two dragons' heads. The annexed woodcut shows 
 a bronze clasp, with three dragons' heads, which is 
 in the collection of ancient armour at Goodrich 
 Court, in Herefordshire, and which seems to have 
 belonged to a Roman balteus. 
 
124 BANISHMENT (GREEK). 
 
 A sword-belt enriched with gold, on which a 
 celebrated sculptor had produced a representation 
 of the Danaids murdering their husbands on the 
 bridal night, gives occasion to the concludmg in- 
 cident of the Aeneid. 
 
 That taste for richly decorated sword-belts, the 
 prevalence of which in the Augustan age may be 
 inferred from the mention of them in the Aeneid, 
 did not dechne under the succeeding emperors. It 
 is indeed mentioned as an instance of the self- 
 denial and moderation of Hadrian, that he had no 
 gold on his belt. (Spartian. Hiidr. 10.)' But 
 Pliny (//. A'^ xxxiii. 54) records the common prac- 
 tice, in his time, of covering this part of the sol- 
 dier's dress with laminae of the precious metals : 
 and of the great intrinsic value and elaborate orna- 
 ment of tliose which were worn by persons attach- 
 ed to .the court, we may form some judgment from 
 the circumstance, that the l>altearins:, or master of 
 the belts, was a distinct officer in the imperial 
 household. Spon, who has published an inscrip- 
 tion from the family tomb of one of these officers 
 (iV/jsc. Enid. Ant. p. 253), remarks that their busi- 
 ness must have been to provide, prepare, and pre- 
 serve all the belts in the armamenluriiim. This 
 office will appear stiU more considerable from the 
 fact, that belts {balteoli) were occasionally given as 
 military rewards, together with torques and annillae. 
 (Jul. Capitol. Maaimin. 2.) 
 
 In a general sense " balteus " was applied not 
 only to the simple belt, or the more splendid bal- 
 dric, which passed over the shoulder, but also to 
 the girdle {cingulum), which encompassed the waist. 
 {Com munirnen utrarjue, Sil. Ital. x. 181 ; Lucan. 
 ii. 361 ; Lydus, De May. Rom. ii. 13 ; Corippus, 
 i. 115.) Hence the girdle of Orion, called ^dvi] hy 
 Aratus, is rather incorrectly denominated balteus 
 in the translations of that author by Germanicus 
 and Avienus. The oblique arrangement of the 
 balteus, in the proper sense of that term, is alluded 
 to by Quinctilian in his advice respecting the mode 
 of wearing the toga — oblique ducitur, velul balteus 
 {Instit. Or. xi. 3). 
 
 Vitruvius applies the term "baltei" to the bands 
 surrounding the volute on each side of an Ionic ca- 
 pital. (DeArclt. iii.5. ed. Schneider ; Genelli,/Jn'e/6' 
 ilbcr Vitruv. ii. p. 35. ) Other writers apply it to 
 the large steps, presenting the appearance of parallel 
 walls, by which an amphitheatre was divided into 
 stories for the accommodation of different classes of 
 spectators. (Calpurn. Ed. 47; TertuUian, Dc 
 Speciac. 3.) Vitiiivius calls these divisions yj/waViC- 
 tiones (De Arch. v. 3. 8 ; Art. Amphitheatrum, 
 p. 43, 44). In the amphitheatre at Verona the baltei 
 are found by measurement to be 2^ feet high, the 
 steps which they inclose being one foot two inches 
 high. [J. Y.] 
 
 BANISHMENT (GREEK). *vyj. Banish- 
 ment among the Greek states seldom, if ever, ap- 
 pears as a punishment appointed by law for par- 
 ticular offences. We might, indeed, expect this ; 
 for the division of Greece into a number of inde- 
 pendent states would neither admit of the establish- 
 ment of penal colonies, as amongst us, nor of the 
 various kinds of exile which we read of under the 
 Roman emperors. The general term <(>vyri (flight) 
 was for the most part applied in the case of those 
 who, in order to avoid some punishment or danger, 
 removed from their own country to another. Proof 
 of this is found in the records of the heroic ages, 
 and chiefly where homicide had been committed. 
 
 BANISHMENT (GREEK). 
 
 I whether with or without malice aforethought. Thus 
 j (/?. xxiii. 88) Patroclus appears as a fugitive for 
 life, in consequence of manslaughter (rfcSpoKTatri'Tj) 
 committed by him when a boy, and in anger. In 
 the same manner {Hom.Od.xy. 275) Theoclymenus 
 is represented as a fugitive and wanderer over the 
 earth, and even in foreign lands haunted by the 
 fear of vengeance, from the numerous kinsmen of 
 the man whom he had slain. The duty of taking 
 vengeance was in cases of this kind considered 
 sacred, though the penalty of exile was sometimes 
 remitted, and the homicide allowed to remain in 
 his country on payment of a iroij'ij, the price 
 of blood, or wehrgeld of the Germans (Tacit. 
 Ger. 21 ), which was made to the relatives 
 or nearest connections of the slain. (//. ix. 
 6'30. ) We even read of princes in the heroic 
 ages being compelled to leave their country after 
 the commission of homicide on any of their subjects 
 (Paus. V. 376. 381. ed. Schubart) ; and even 
 though there were no relatives to succour the slain 
 man, still deference to public opinion imposed on 
 the homicide a temporary alisence (Od. xxiii. 
 119, and Schol.), until he had obtained expiation 
 at the hands of another, who seems to have been 
 called the dyv'iTTis or purifier. For an illustration 
 of this, the reader is referred to the story of 
 Adrastus and Croesus. (Herod, i. 35.) 
 
 In the later times of Athenian history', (pvyij, or 
 banishment, partook of the same nature, and was 
 practised nearly in the same eases, as in the heroic 
 ages, with this difference, that the laws more strictly 
 defined its limits, its legal consequences, and dura- 
 tion. Thus an action for wilful murder was brought 
 before the Areiopagus, and for manslaughter before 
 the court of the Ephetae. The accused might, in 
 either case, withdraw himself {(pvyeiv) before sen- 
 tence was passed ; but when a criminal evaded the 
 punishment to which an act of murder would have 
 exposed him had he remained in his own land, he 
 was then banished for ever [(pciiyii dei<pvy'iav), and 
 not allowed to return home even when other exiles 
 were restored upon a general amnesty, since on 
 such occasions a special exception was made 
 against criminals banished by the Areiopagus (oi €| 
 'Ape'iov irdyov (pelyouTes). A convicted nmrderer, 
 if found within the limits of the state, might be 
 seized and put to death (Demosth. c. Aris. 629), 
 and whoever harboured or entertained (uTreSelaro) 
 any one who had fled from his country (tiSv 
 <pevy6vTij)v Tiva) to avoid a capital punishment, 
 was liable to the same penalties as the fugitive 
 himself. (Demosth. c. Poh/cl. 1222. 2.) 
 
 Demosthenes (c. Arii. 634) says, that the word 
 (pevyeiv was properly applied to the exile of those 
 who committed murder, with malice aforethought, 
 whereas the tenn /xeBiaTaaBai, was used where the 
 act was not intentional. The property also was 
 confiscated in the former case, but not in the latter. 
 
 When a verdict of manslaughter was returned, 
 it was usual for the convicted party to leave (i^fjkBe) 
 his comitr)- by a certain road, and to remain in 
 exile till he induced some one of the relatives of 
 the slain man to take compassion on him (ews dv 
 ai5f(T7)Tal Tiva rwv kv yei/ei rov veirovdSTOs). Dur- 
 ing his absence, his possessions were imrifia, that 
 is, not confiscated ; but if he remained at home, or 
 returned before the requirements of the law were 
 satisfied, he was liable to be driven or carried out 
 of the country by force. (Demosth. c. Aris. 634. 
 and 644.) It sometimes happened that a fugitive 
 
BANISHMENT (GREEK). 
 
 for manslaughter was charged with murder ; in 
 that case lu' pleaded on board ship, before a court 
 which sat at Phreatto, in the Peiraeus. (Demos. 
 c. Aris. ()46.) 
 
 We are not infonned what were the consequences 
 if the relatives of the slain man refused to make a 
 reconciliation ; supposing that there was no com- 
 pulsion, it is reasonable to conclude that the exile 
 was allowed to return after a fixed time. In cases of 
 manslaughter, but not of murder, this seems to have 
 been usual in other parts of Greece as well as at 
 Athens. (Meursius ad Lycop. 28"2 ; Eurip. Hipp. 
 37, and ScMia.) Plato (Lrc/. ix. 8(),5), who is be- 
 Ueved to have copied many of his laws from the 
 constitution of Athens, fixes the period of banish- 
 ment for manslaughter at one year, and the word 
 direciauTKTfio'r, explained to mean a year's exile for 
 the commission of homicide (toIs <p6vov Spacrairi) 
 seems to imply that the custom was pretty general. 
 We have indeed the authority of Xcnophon {Anah. 
 iv. 8. § 15) to prove that at Sparta banishment 
 was the consequence of invohmtary homicide, 
 though he does not tell us its duration. 
 
 Moreover, not only was an actual murder 
 punished with banishment and confiscation, but 
 also a Tpavjxa (K npovoias^oT wounding with intent 
 to kill, though death might not ensue. ( Lysias, c. 
 Simon, p. 100 ; Dcraosth. c Docoi.1018. 10.) The ^ 
 same punishment was inflicted on persons who 
 rooted up the sacred olives at Athens (Lysias. 
 "tvep StJ'coC 'A-FoXoyia, 1 083), and by the laws of 
 Solon every one was liable to it who remained 
 neuter during political contentions. (Meier, His. 
 Juris Att. p. 97 ; Aul. Gell. ii. 1-2.) 
 
 Under <pvy^, or banishment, as a general term, 
 is comprehended ostracism : the difference between 
 the two is correctly stated by Suidas, and the 
 Scholiast on Aris. Equit. 861, if we are to under- 
 stand by the fomier dei<pvyia, or banishment for 
 life. ""J-iryj? (say they) differs from ostracism, inas- 
 much as those who are banished lose their property 
 by confiscation, whereas the ostracised do not ; the 
 former also have no fixed place of abode, no time 
 of return assigned, but the latter have." This 
 ostracism is supposed by some (Ael. V. H. xiii. 
 23 ; Died. Sic. xi. ,5.5) to have been instituted by 
 Cleistheues, after the expulsion of the Peisistratidae ; 
 its nature and object are thus explained by Aristo- 
 tle {Pal. iii. 8): — " Democratical states (he ob- 
 serves) used to ostracise, and remove from the city 
 for a definite time, those who appeared to be pre- 
 eminent above their feUow-citizens, by reason of 
 their wealth, the number of their friends, or any 
 other means of infiuence." It is well known, and 
 implied in tbe quotation just given, that ostracism 
 was not a punishment for any crime, but rather a 
 precautionaiy removal of those who possessed suffi- 
 cient power in the state to excite either envy or 
 fear. Thus Plutarch (Per. c. 10) says, it was a 
 good-natiuxd way of aUaying envy (cpOdvov 
 vapafivBta (piAavdpwTTos), by the humiliation of 
 superior dignity and power. The manner of effect- 
 ing it was as follows : — A space in the dyopd was 
 enclosed by barriers, with ten entrances for the ten 
 tribes. By these the tribesmen entered, each with 
 his oa-rpaKov, or piece of tile, on which was written 
 the name of the individual whom he wished to be 
 ostracised. The nine archons and the senate, i. e. 
 the presidents of that body, superintended the pro- 
 ceedings, and the party who had the greatest num- 
 ber of votes against him, supposing that this num- 
 
 BANISHMENT (GREEK). 125 
 
 ber amounted to 6000, was obliged to withdraw 
 ((UCTao-T^fai) from the city within ten days ; if the 
 number of votes did not amount to 6000, nothing 
 was done. (Schol. ad Aris. Equ. 865.) Plutarch 
 {Aris. C.I) differs from other authorities in stating, 
 that for an expulsion of this sort it was not neces- 
 sary that the votes given against any individual 
 should amount to 60O0, but onlj' that the sum total 
 should not be less than that nunibei'. All, how- 
 ever, agree that the party thus expelled (6 kKKr\pvx- 
 Oeis) was not deprived of his property. The ostra- 
 cism was also called the Kepo/iiKrf imctlI, or earthen- 
 ware scourge, from the material of the oarpaKov on 
 which the names were written. 
 
 Some of the most distinguished men at Athens 
 were removed by ostracism, but recalled when the 
 city found their services indispensable. Amongst 
 these were Themistocles, Aristeides, Ciraon, and 
 Alcibiades ; of the first of whom Thucydides 
 (i. 135) states, that his residence during ostracism 
 was at Argos, though he was not confined to that 
 city, but visted other parts of Peloponnesus. The 
 last person against whom it was used at Athens 
 was Hji5erbolus, a demagogue of low birth and 
 character ; but the Athenians thought their own 
 dignity compromised, and ostracism degraded by 
 such an application of it, and accordingly discon- 
 tinued the practice. (Plut. Aris. c. 7 ; Thucyd. 
 viii. 73.) 
 
 Ostracism prevaOed in other democratical states 
 as well as Athens ; namely, Argos, Miletus, and 
 Megara : it was by some, indeed, considered to be 
 a necessaiy, or at any rate, a useful precaution for 
 insuring equality amongst the citizens of a state. 
 But it soon became mischievous ; for as Aristotle 
 (Po!. iii. 8) remarks, " Men did not look to the in- 
 terests of the community, but used ostracisms for 
 party purposes " {(XTainaffTiKws). 
 
 From the ostracism of Athens was copied the 
 petalism (■7r6Ta\i(r/u.os) of the Syracusans, so called 
 from the veraKa, or leaves of the olive, on which 
 was written the name of the person whom they 
 wished to remove from the city. The removal, 
 however, was onlj' for five years ; a sufficient time, 
 as they thought, to humble the pride and hopes of 
 the exile. But petalism did not last long ; for the 
 fear of this " humbling," deterred tlie best qualified 
 amongst the citizens from taking any part in public 
 affairs, and the degeneracy and bad government 
 which followed, soon led to a repeal of the law B. c. 
 452. (Dio. Sic. xi. c. 87 ; Niebuhr, Hist. Rom. i. 
 504. transl.) 
 
 In connection with petalism it may be remarked 
 that if any one were falsely registered in a demus, 
 or ward, at Athens, his expulsion was called 
 iK(pv\\o<popia, from the votes being given by leaves. 
 (Meier, His. Juris Att. 83 ; Lys. c. Nicom. 
 844.) 
 
 The reader of Greek history will remember, that 
 besides those exiled by law, or ostracised, there 
 was frequently a great number of political exiles in 
 Greece ; men who, having distinguished themselves 
 as the leaders of one party, were expelled, or obliged 
 to remove, from their native city when the oppo- 
 site faction became predominant. They are spoken 
 of as 01 (pivyovTes, or ol iKireaovres, and as at 
 KaT(\e6vTes after their return (rj KaSoSos) the 
 word Kardyeiv being applied to those who were in- 
 strumental in effecting it. (Meursius, Att. Led. v. 
 18 ; Wachsmuth, Hell. Alter, i. § 65 ; ii. § 95 
 and 98 ; Meier and Schiimarui, JH. Proce&i, p. 741 ; 
 
126 BANISHMENT (ROMAN). 
 
 Schiimann, De Com. transl. p. 204 ; Timaeus, 
 Lex. ill Plat. ; BSckh, ii. 129. transl.) [R. W— N.] 
 
 BANISHMENT (ROMAN). In the later 
 imperial period, ecvxilium was a general term used 
 to express a punishment, of which there were 
 several species. Paulus (Dig. 48. tit. 1. s. 2), when 
 speaking of those judicia publica, which are capi- 
 talia, defines them by the consequent punishment, 
 which is death, or exsilium ; and exsilium he de- 
 fines to be aijitae el ignis interdidio, by which the 
 caput or citizenship of the criminal was taken 
 away. Other kinds of exsilium, he says, were 
 properly called reirq<itio, and the releg-atus retained 
 his citizenship. The distinction between relegatio 
 and exsilium existed under the republic. (Liv. iii. 
 10 ; iv. 4 ; Cic. Pro P. Seoii. c. 12.) Ovid also 
 {Trist. V. 11) describes himself, not as exsul, which 
 he considers a term of reproach, but as relegatus. 
 Speaking of the emperor, he says, — 
 " Nec vitam, nec opes, nec jus mihi civis ademit ;" 
 and a little further on, 
 
 " Nil nisi me patriis jussit abire focis." 
 Compare also Tri.-^lia, ii. 127, &c. 
 
 Marcianus (Dig. 48. tit. 22. s. 5) makes three 
 divisions of exsilium : it was either an interdiction 
 from certain places named, and was then called lata 
 J'ltga (a term equivalent to the libera fuga or 
 liherum exsilium of some writers) ; or it was an in- 
 terdiction of all places, except some place named ; 
 or it was the constraint of an island (as opposed to 
 lata fuga).* 
 
 Of relegatio there were two kinds : a person 
 might be forbidden to live in a particular province, 
 or in Rome, and either for an indefinite or a de- 
 finite time ; or an island might be assigned to the 
 relegatus for his residence. Relegatio was not fol- 
 lowed bj' loss of citizenship or property, except so 
 far as the sentence of relegatio might extend to part 
 of the person's property. The relegatus retained 
 his citizenship, the ownership of his property, and 
 the pairia potestas, whether the relegatio was for a 
 definite or an indefinite time. The relegatio, in 
 fact, merely confined the person within, or exclud- 
 ed him from, particular places, which is according 
 to the definition of Aelius Gallus (Festus, s. Rel£- 
 gati), who says that the punishment was imposed 
 by a lex, senatus-consultum, or the edictum of a 
 magistratus. The words of Ovid express the legal 
 effect of relegatio in a manner literally and techni- 
 cally correct. (Instances of relegatio occur in the 
 following passages : — Snet. Aug. c. 16 ; Tib. c. 50 ; 
 
 * Noodt (Op. Onin. i. 58) corrects the extract 
 from Marcian thus : — " Exsilium duplex est : aut 
 certorum locorum interdictio, ut lata fuga; aut 
 omnium locorum praeter certum locum, ut insulae 
 vinculum," &c. 
 
 The passage is evidently corrupt in some editions 
 of the Digest, and the correction of Noodt is sup- 
 ported by good reasons. It seems that Marcian is 
 here speaking of the two kinds of relegatio (com- 
 pare Ulpian, Dig. 48. tit. 22. s. 7), and he does 
 not include the exsilium, which was accompanied 
 with the loss of the ciritiis ; for if his definition 
 includes all the kinds of exsilium, it is manifestly 
 incomplete ; and if it includes only relegatio, as it 
 must do from the terms of it, the definition is 
 wrong, inasmuch as there are only two kinds of 
 relegatio. The conclusion is, that the text of 
 Marcian is either corrupt, or has been altered by 
 the compiler of the Digest. 
 
 BANISHMENT (ROMAN). 
 
 Tacit. Ami. iii. 17. 68 ; Suet. Chmd. c. 23, which 
 last, as the historian remarks, was a new kind of 
 relegatio.) The term relegatio is applied by Cicero 
 (Of. iii. .31) to the case of Titus Manlius, who 
 had been compelled by his father to live in solitude 
 in the country. 
 
 Deportatio in instilam, or deportatio simply, was 
 introduced under the emperors in place of the 
 aquae et ignis interdictio. (Ulpian, Dig. 48. tit. 
 13. s. 3; tit. 19. s. 2.) The governor of a pro- 
 vince (preu'ses) had not the power of pronouncing 
 the sentence of deportatio ; but this power was 
 given to the praefectus urbi by a rescript of the 
 emperor Severas. The consequence of deportatio 
 was loss of property and citizenship, but not of 
 freedom. Though the depnrtatus ceased to be a 
 Roman citizen, he had the capacity to buy and 
 sell, and do other acts which might be done ac- 
 cording to the jus gentium. Deportatio differed 
 from relegatio, as already shown, and also in being 
 always for an indefinite time. The relegatus went 
 into banishment ; the deportatus was conducted 
 to his place of banishment, sometimes in chains. 
 
 As the exsilium in the special sense, and the 
 deportatio took away a person's civitas, it follows 
 that if he was a father, his children ceased to be 
 in his power ; and if he was a son, he ceased to be 
 in his father's power ; for the relationship ex- 
 pressed by the terms patria potestas could not 
 exist when either party had ceased to be a Roman 
 citizen. (Gaius, i. 128.) Relegatio of a father or 
 of a son, of course, had not this effect. But the 
 interdict and the deportatio did not dissolve mar- 
 riage. ( Cod. 5. tit. 1 6. s. 24 ; tit. 17. s. 1 ; com- 
 pare Gaius, i. 128, with the Institutes, i. tit. 12, 
 in which the deportatio stjinds in the place of the 
 aquae et ignis interdictio of Gaius. ) 
 
 When a person, either parent or child, was con- 
 demned to the mines or to fight with wild beasts, 
 the relation of the patria potestas was dissolved. 
 This, though not reckoned a species of exsiliiun, 
 resembled deportatio in its consequences. 
 
 It remains to examine the meaning of the term 
 exsilium in the republican period, and to ascend, so 
 far as we can, to its origin. Cicero (J^ro Caeeina, 
 c. 34) affinus that no Roman was ever deprived of 
 his civitas or his freedom by a lex. In the oration 
 Pro Domo (c. 16, 17) he makes the same assertion, 
 but in a qualified way ; he says that no special 
 lex, that is, no pririlegium, could be passed against 
 the caput of a Roman citizen, unless he was first 
 condemned in a judicium. It was, according to 
 Cicero, a fundamental principle of Roman law (Pro 
 Domo, c. 29), that no Roman citizen could lose 
 his fi'eedom or his citizenship without his consent. 
 He adds, that Roman citizens who went out 
 as Latin colonists, could not become Latin, 
 unless they went voluntarily and registered their 
 names : those who were condemned of capital 
 crimes did not lose their citizenship till they were 
 admitted as citizens of another state ; and this was 
 effected, not by depriving them of their civitas 
 (ademptio civiiatis), but by the interdictio tecti 
 aquae, et ignis. The same thing is stated in the 
 oration Pro Caeeina (c. 34), with the addition, 
 that a Roman citizen, when he was received into 
 another state, lost his citizenship at Rome, because 
 by the Roman law a man could not be a citizen of 
 two states. This reason, however, would be equally 
 good for showing that a Roman citizen could not 
 become a citizen of -another community. In the 
 
BANISHMENT (ROMAN). 
 
 BAPHIUM. 
 
 127 
 
 oration Pro Bulho (c. 1 1 ), the proposition is put 
 ratlier in this fonn ; tliat a Roman who became a 
 citizen of another state, tlwrchy ceased to be a Ro- 
 man citizen. It must not be forgotten that in the 
 oration Pro Ctierina, it is one of Cicero's oljjects to 
 prove that his client liad the rights of a Roman 
 citizen ; and in the oration Pro Domo, to prove 
 that he himself had not been an'exsul, though he 
 was interdicted from fire and water within 400 
 miles of Rome. (Cic. Ad Attic, iii. 4.) Now, as 
 Cicero had been interdicted from fire and water, 
 and as he evaded the penalty, to use his own words 
 (Pro Caecina, c. 34), by going beyond the limits, 
 he could only escape the consequences, namely, 
 exsiliura, either by relying on the fact of his not 
 being received as a citizen into another state, or by 
 alleging the illegality of the proceedings against 
 him. But the latter is the ground on which 
 he seems to maintain his case in the ProDotno: 
 he alleges that the was made the subject of a privi- 
 legium, without having been first condemned in a 
 judicium (c. 17). 
 
 In the earlier republican period, a Roman 
 citizen might have a right to go into exsilium to 
 another state, or a citizen of another state might 
 have a right to go into exsilium at Rome, by virtue 
 of certain isopolitical relations existing between 
 such state and Rome. [Municipium.] This right 
 was called jus exulandi with reference to the state 
 to which the person came ; with respect to his own 
 state, which he left, he was exsul, and his condition 
 was exsilium : with respect to the state which he 
 entered, he was i/ii/ni/i/uis ;* and at Rome he might 
 attach himself (app/karc se) to a quasi-patronus, a 
 relationship which gave rise to questions involving 
 the jus applicationis. 
 
 The sentence of aquae et ignis, to which 
 Cicero adds (Pro Domo, c. 30) tecti interdictio, 
 was equivalent to the deprivation of the chief 
 necessaries of life, and its effect was to incapacitate 
 a person from exercising the rights of a citizen 
 within the limits which the sentence comprised. 
 Supposing it to be tnie, that no Roman citizen 
 could in direct terms be deprived of his civitas, it 
 requires but little knowledge of the history of 
 Roman jurisprudence to perceive that a wa}' would 
 readily be discovered of doing that indirectly which 
 could not be done directly ; and such, in fact, was 
 the aquae et ignis interdictio. The meaning of the 
 sentence of aquae et ignis interdictio is clear when 
 we consider the symbolical meaning of the aqua et 
 ignis. The bride, on the day of her marriage, was 
 received by her husband with fire and water (Dig. 
 24. tit. 1. s. 66), which were sjinbolical of his 
 taking her under his protection and sustentation. 
 Varro {De Ling. Lat. iv) gives a different explana- 
 tion of the symbolical meaning of aquae et ignis 
 in the marriage ceremony: — Aqiia et ignis (ac- 
 cording to the expression of Festus) su7it duo 
 e/t:me?ita rpiae humcumm vitani maaim- continent. 
 The sentence of interdict was cither pronounced in 
 a judicium, or it was the subject of a lex. The 
 punishment was inflicted for various crimes, as vis 
 pul/ica, peculatus, veneficium, &c. The Lex Julia 
 de vipuhliea ct privata applied, among other cases, 
 
 * This word appears, by its termination inn^, 
 to denote a person who was one of a class, like the 
 word Ulxrtimis. The prefix in appears to be the 
 correlative of cx in ea-sul, and the remaining part 
 quit is probably related to co^ in incola and colonas. 
 
 to any person qvi receperit, celarerit, tenuerif, 
 the interdicted person (Paulus, Sent. Jiecepi. ed. 
 Schulting) ; and there was a clause to this effect 
 in the lex of Clodius, by which Cicero was banished. 
 
 The sentence of the interdict, which in the time 
 of the Antonines was accompanied with the loss of 
 citizenship, could hardly have had any other effect 
 in the time of Cicero. It may be true that exsilium, 
 that is, the change of solum, or ground, was not in 
 direct terms included in the sentence of arjiiuc et 
 ignis i/iterdictio : the person might stay if he liked, 
 and submit to the penalty of being an outcast, and 
 being incapacitated from doing any legal act. In- 
 deed, it is not easy to conceive that iKtnishment can 
 exist in any state, except such state has distant 
 possessions of its own to whicii the offender can be 
 sent. Thus banishment, as a penalty, did not 
 exist in the old English law. When isopolitical 
 relations existed between Rome and another state, 
 exsilium might be the privilege of an offender. 
 Cicero might then truly say that exsilium was not 
 a punishment, but a mode of evading punishment 
 (Pro Caicinu) ; and this is quite consistent with 
 the interdict being a punishment, and having for 
 its object the exsilium. 
 
 According to Niebuhr, the interdict was intend- 
 ed to prevent a person, who had become an exsul, 
 from returning to Rome and resuming his citizen- 
 ship, and the interdict was taken off when an 
 exsul was recalled ; an opinion in direct contradic- 
 tion to all the testimony of antiquity. Further, 
 Niebuhr asserts, that they who settled in an un- 
 privileged place (one that was not in an isopolitical 
 connection with Rome) needed a decree of the 
 people, declaring that their settlement should ope- 
 rate as a legal exsilium. And this assertion is 
 supported by a single passage in Livy (xxvi. 3), 
 from which it appears that it was declared by a 
 plebiscitum, that C. Fabius, by going into exile 
 (e.ru/atum) to Tarquinii, which was a municipium 
 {Pro Caccin. c. 4), was legally in exile. 
 
 Niebuhr asserts that Cicero had not lost his 
 franchise by the interdict ; but Cicero says that the 
 consequence of such an interdict was the loss of ca- 
 put. And the ground on which he mainly attempted 
 to support his case was, that the lex by which he was 
 interdicted, was in fact no lex, but a proceeding 
 altogether irregular. Further, the interdict did 
 pass against Cicero, but was not taken off when he 
 was recalled. It is impossible to caution the reader 
 too much against adopting implicitly any thing that 
 is stated in the orations Pro Ciiccina, Pro Balho, 
 and Pro Domo; and indeed any where else, when 
 Cicero has a case to support. [G. L.] 
 
 BAPHI'UM (/3a(p6iOc, (papfiaKoiv), an establish- 
 ment for dyeing cloth, a dyeliouse. 
 
 An apparatus for weaving cloth, and adapting it 
 to all the purposes of life, being part of every Greek 
 and Roman household, it was a matter of necessity 
 that the Roman government should have its own 
 institutions for similar uses ; and the immense 
 quantity of cloth required, both for the army and 
 for all the officers of the court, made it indispens- 
 able that these institutions should be conducted on 
 a large scale. They were erected in various parts 
 of the empire, according to the previous habits of 
 the people employed, and the facilities for carrying 
 on their operations. Tarentum, having been cele- 
 brated during many centuries for the fineness and 
 beauty of its woollen manufactures, was selected as 
 one of the most suitable places for an imperial 
 
128 
 
 BARBA. 
 
 BARBA. 
 
 baphium. (Compare Hor. Ep. ii. ii. 207. with 
 Ser\dns in Viry. Georg. iv. 335.) Traces of this 
 establishment are still apparent in a vast accumu- 
 lation near Taranto, called " Monte Testaceo," and 
 consisting of the shells of the Murex, the animal 
 which attbrded the purple dye. 
 
 A passage in Aelius Lampridius {^Al. Sev. c. 40) 
 shows, that these great dye-houses must have ex- 
 isted as early as the second century. It is stated 
 that a certain kind of purple, commonly called 
 " Probiana," because Probus, the superintendent 
 of the dyehouses (^/japhiis praepositus), had invent- 
 ed it, was afterwards called " Alexandrina," on 
 account of the preference given to it by the Em- 
 peror Alexander Sevenis. Besides the officer men- 
 tioned in this passage, who probably had the gene- 
 ral oversight of all the imperial baphia, it appears 
 that there were persons called procurators, who 
 were intrusted with the direction of them in the 
 several cities where they were established. Thus 
 the Notitia Diynitaium utrhisque Imperii, compiled 
 about A.D. 426, mentions the " procurator " of the 
 dyehouses of Narbonne and Toulon. 
 
 We learn from the Codex Theodosianus, that 
 the dyehouses of Phoenice long retained their 
 original superiority, and that dj'ers were sent to 
 them from other places to be instructed m their 
 art. [J. Y.] 
 
 BAPTISTE'RIUM. [Bath.] 
 
 BA'PA0PON. ["OPTrMA.] 
 
 BARBA {iidtyoiv, yeveiov, uTrrji/T), Aristoph. 
 Lysist. 1072), the beard. The fashions which 
 have prevailed at different times, and in different 
 countries, with respect to tlie beard, have been very 
 various. Tlie most refined modern nations regard 
 the beard as an encumbrance, without beauty or 
 meaning ; but the ancients generally cultivated its ! 
 growth and form with special attention ; and that 
 the Greeks were not behind-hand in this, any 
 more than in other arts, is sufficiently shown by 
 the statues of their philosophers. The phrase 
 iTOiywvoTpo<p€iv, which is applied to letting the 
 beard grow, implies a positive culture. Generally 
 speaking, a thick beard, Trta-yuv /3o0ui, or Saavs, 
 was considered as a mark of manliness. The 
 Greek philosophers were distinguished by their 
 long beards as a sort of badge, and hence the term 
 which Persius {Sat. iv. 1) applies to Socrates 
 mayiKfcr harhatus. The Homeric heroes were 
 bearded men. So Agamemnon, Ajax, Menelaus, 
 Ulj'sses {II. xxii. 74 ; xxiv. 516 ; Od. xvi. 176). 
 According to Chrysippus, cited by Athenaeus (xiii. 
 S65,ed. Casaub.),the Greeks wore the beard till the 
 time of Alexander the Great, and he adds that the 
 first man who was shaven was called ever after 
 Kopariv, "shaven" (from Keipoi). Plutarch (T/tes. 
 c. 5) says that the I'eason for the shaving was that 
 they might not Ije pulled by the beard in battle. 
 The custom of shaving the beard continued among 
 the Greeks till the time of Justinian, and during 
 that period even the statues of the philosophers 
 wei-e without the beard. The philosophers, how- 
 ever, generally continued the old badge of their 
 profession, and their ostentation in so doing gave 
 rise to the saying that a long beard does not make a 
 philosopher (jrtiyywvoTpocpia (fii\6(T0(pov ov ttoic?), 
 and a man, whose wisdom stopped with his beard, 
 was called e/c vwyoivos (roip6s. So ( Aul. Gell. ix. 
 c. 2.) Vi<leo hdrham et jxillium, pliilosophum non- 
 dum video. Horace {Sat. ii. ii. 35) speaks of 
 " feeding the philosophic Ijeard." (Compare 
 
 Quintil, xL 1.) The Romans in early times 
 wore the beard imcut, as we learn from the insult 
 offered by the Gaul to Marcus Papirius (Liv. v. 
 41), and from Cicero {Pro Coel. 14) ; and accord- 
 ing to Varro {De Re Rust. ii. c. 11) and Pliny 
 (vii. 59), the Roman beards were not shaved till 
 B. c. 3OO, when P. Ticinius Maena brought 
 over a barber from Sicily ; and Pliny adds, that 
 the first Roman who was shaved {rasus) every 
 day was Scipio Africanus. His custom, however, 
 was soon followed, and shaving became a regular 
 thing. The lower orders, then as now, were not 
 always able to do the same, and hence the jeers of 
 Martial (vii. 95 ; xii. 59). In the later times of 
 the republic there were many who shaved the 
 beard only partially, and trimmed it, so as to give 
 it an ornamental fonu ; to them the terms bem 
 barhati (Cic. CutU. ii. 10) and barbatiili (Cic. Ep. 
 ad Attic, i. 14. 16 ; Pro Coel. 14) are applied. 
 When in mourning all the higher as well as the 
 lower orders let their beards grow. 
 
 In the general way in Rome, at this time, a 
 long beard {liurba promissa, Liv. xxvii. 34) was 
 considered a mark of slovenliness and squalor. 
 The censors, Lucius Veturius and P. Licinius, 
 compelled Marcius Livius, who had been banished, 
 on his restoration to the city, to be shaved, and to 
 lay aside his dirty appearance {tonderi etsqualorem 
 ihponere), and then, but not till then, to come into 
 the senate, &c. (Liv. xxvii. 34.) The first time of 
 shaving was regarded as the beginning of manhood, 
 and the day on which this took place was cele- 
 brated as a festival. (Juv. Sat. iii. 186). There 
 was no particular time fixed for this to be done. 
 Usually, however, it was done when the young 
 Roman assumed the toga virilis (Suet. Culiy, 10). 
 Augustus did it in his 24th year ; Caligula in his 
 20th. The hair cut off on such occasions was con- 
 secrated to some god. Thus Nero put his up in a 
 gold box, set with pearls, and dedicated it to Jupi- 
 ter Capitolinus (Suet. A'ec. 12). So Statins (Prac/". 
 ad Silt: iii.) mentions a person who sent his hair 
 as an offering to Aesculapius Perganienus, and re- 
 quested Statins to write some dedicatory verses on 
 the occasion. He sent the hair with a box, set 
 with precious stones {cum gemmata jty.ride ) and a 
 mirror. 
 
 With the emperor Hadrian the beard began to 
 revive (Dion Cass. Ixviii. p. 1132. c. 15). Plutarch 
 says that the emperor wore it to hide some scars 
 on his face. The practice afterwards became com- 
 mon, and till the time of Constantino the Great, 
 the emperors appear in busts and coins with beai'ds. 
 The Romans let their beards grow in time of mourn- 
 ing ; so Augustus did (Suet. Any. c. 23) for the 
 death of Julius Caesar, and the time when he had 
 it shaved off' he made a season of festivity. (Dion 
 Cass, xlviii. 34 ; compare Cic. in Yen: ii. 12). 
 The Greeks, on the other hand, on such occasions 
 shaved the beard close. (See Plutarch, Pelopid. 
 and Aka'. ; Suet. Cal. 5.) Strabo (i. 239) says 
 that the beards of the inhabitants of the Cassiteri- 
 des were like those of goats. Tacitus {Germ. c. 3) 
 says that the Catti let their liair and beard grow, 
 and would not have them cut, till they had slain 
 an enemy. 
 
 Barbers. The Greek name for a barber 
 was Kovpevs, and the Latin tonsar. The term 
 employed in modem European languages is 
 derived from the low Latin barbatorius, which 
 is found in Petronius. The barber of the ancients 
 
BARBA. 
 
 BA'SANOS. 
 
 129 
 
 was a far more important personage than his 
 modern representative. Men had not often the 
 necessary implements for the various operations 
 of the toilet ; combs, mirrors, perfumes, and 
 tools for clipping, cutting, shaving, &c. Accord- 
 ingly the whole process had to be performed 
 at the barber's, and hence the great concourse 
 of people who daily gossipped at the tonsfri?ia, 
 or barber's shop. Besides the duties of a barber 
 and hairdresser, strictly so called, the ancient 
 ionsor discharged other offices. He was also a 
 nail-parer. He was, in fact, much what the 
 English barber was when he extracted teeth, as 
 well as cut and dressed hair. People, who kept 
 the necessary instruments for all the different 
 operations, generally had also slaves expressly for 
 the purpose of performing them. The business of 
 the barber was threefold. First there was the cut- 
 ting of hair : hence the barber's question, irus ere 
 Ktipw (Plut. Dc Garnil. 13). For this purpose he 
 used various knives of different sizes and shapes, 
 and degrees of sharpness : hence Lucian (^Adi\ 
 Indoct. c. 29), in enumerating the apparatus of a 
 barber's shop, mentions irAi^Sos jxaxaipihiwi' 
 (/juixaipa, /xaxaipis, Kovp'is are used also, in Latin 
 culler) ; but scissors, ^a\is, SnrKfj fidxfi'pa (Pollux, 
 
 ii. 32 ; in Latin for/ex, (u-icia) were used too 
 (Compare Aristoph. Aduirn. 848 ; Lucian, Pis. 
 c. 46). Mdxa.'pa was the usual word. Irregu- 
 larity and unevenness of the hair was considered a 
 great blemish, as appears generally, and from 
 Horace (Sat. i. 3. 31, and Episf. i. 1. 94), and ac- 
 cordingly after the hair-cutting the uneven hairs 
 were pulled out by tweezers, an operation to which 
 Pollux (ii. 34) applies the term irapaXiyeaSat, 
 So the hangers-on on great men, who wished to 
 look young, were accustomed to pull out the grey 
 hairs for them. (Arist. Eq. 908.) This was con- 
 sidered, however, a mark of effeminacj'. (Aul. Gell. 
 vii. 12 ; Cic. Pro Rose. Com. 7.) The person who 
 was to be operated on by the barber had a rough 
 cloth {iifjAMvov, invohtcre in Plautus, Capt. il. ii. 
 17) laid on his shoulders, as now, to keep the 
 hairs off his dress, &c. The second part of the 
 business was shaving (j-adere, rasitare, Ivpetv). 
 This was done with a ^vpov, a novacula. (Lamprid. 
 Sev. i?i Hcliorj. c. 31), a razor (as we, retaining the 
 Latin root, call it), which he kept in a case, Sii/fr?, 
 ivpodT^KT], (,vpoZ6iais, " a razor-case " (Aristoph. 
 Thesm. 220 ; Pollux, ii. 32 ; Petron. 94). Some 
 who would not submit to the operation of the razor 
 used instead some powerful depilatorj- ointments, 
 or plasters, as psiloihron. (Plin. xxxii. 10. 47 ; 
 acuta Crda, Martial, vi. 93. 9 ; Venetiim lutum, 
 
 iii. 74 ; dropair, iiL 74 ; x. 65.) Stray hairs which 
 escaped the razor were pulled out with small 
 pincers or tweezers {volsellaf, rpixoKaSiov). The 
 third part of the barber's work was to pare 
 the nails of the hands, an operation which the 
 Greeks expressed by the words ovvx'i'^etv and 
 OTroyux'T*'" (Aristoph. Eq. 706 ; and ScM. ; 
 Theophrast. Charad. c. 26 ; PoUux, ii. 146). The 
 instniments used for this purpose were called 
 iSxuXKTTrfpia, sc. fiaxaipia. (Pollux, x. 140.) 
 This practice of employing a man expressly to pare 
 the nails explains Plautus's humorous description 
 of the miserly EucUo {Aulul. ii. 4. 34): — 
 
 " Quin ipsi quidem tonsor ungues dempserat, 
 
 Collegit, omnia abstulit praesegmina." 
 Even to the miser it did not occur to pare his 
 nails himself, and save the money he would have 
 
 to pay ; but only to collect the parings in hope of 
 making something by them. So Martial, in rally- 
 ing a fop, who had tried to dispense with the 
 barber's services, by using different kinds of plas- 
 ters, &c., asks him (Epi;/. iii. 74), Quid facicnt 
 tmyiws'i AVhat will your nails do ? How will you 
 get your nails pared ? So TibuUus says (i. 8. 11), 
 quid (prodest) ungues artificis docta suhsecuisse 
 manu ; from which it appears that the person ad- 
 dressed was in the habit of emplo^nng one of the 
 more fashionable tonsors. The instruments used 
 are referred to by Martial. {Epiy. xiv. 36, Irtstru- 
 menta toiisoriu. ) [A. A.] 
 
 BA'PBITOS, or fidpSiTov, a stringed instrument 
 called by Theocritus 7ro\vxop5os (xvi. 45). The 
 Aeolic form fiapfiiTos (Poll. iv. c. 9. Etym. Mag. in 
 voce) led the grammarians to derive the word from 
 0apvs and jui'tos, a thread or string ; but according 
 to Strabo (x. 471. c. ed. Cas.), who, if the reading 
 be correct, makes it the same with tra/xSuKri, it was 
 of foreign origin. Pindar, in a fragment quoted by 
 Athenaeus, refers the invention of it to Terpander 
 (Athen. iv. 635. a.), but in another place (Ath. 
 iv. 175) it is ascribed to Anacreon. Dionysius 
 {Ant. Bom. vii. 72) tells us that in his day it was 
 not in use among the Greeks ; but that the Romans, 
 who derived it from them, still retained it at ancient 
 sacrifices. It is impossible to determine its exact 
 form with any certainty : later writers use the word 
 as synonymous with \vpa. [Lyra.] 
 
 BARDOCUCUL'LUS. [Cucullus.] 
 
 BA2ANI2TAI'. [BA'2AN02.] 
 
 BA'2AN02, the general term among the Athe- 
 nians for the application of torture. By a decree 
 of Scamandrius it was ordained that no free Athe- 
 nian could be put to the torture (Andoc. De Myst. 
 22; compare Lys. irepl rpavjx. 177; c. Agorat. 
 462) ; and this appears to have been the general 
 practice, notwithstanding the assertion of Cicero 
 (Orat. Prat. c. 34) to the contrary {de insiituiis 
 Ath^niensium, lOMdiorum — apud quos liheri cires- 
 que torquentur). The onl}' two apparent exceptions 
 to this practice are mentioned by Antiphon {De 
 Herod, coed. 729) and Lysias {c. Simon. 153). 
 But, in the case mentioned hy Antiphon, Bbckh 
 {Staatsliaus der Atliener, i. p. 199; ii. p. 412) has 
 shown that the torture was not applied at Athens, 
 but in a foreign country ; and in Lysias, as it is 
 a Plataean boy that is spoken of, we have no 
 occasion to conclude that he was an Athenian 
 citizen, since we learn from Demosthenes (c. 
 Neaer. 1381) that all Plataeans were not neces- 
 sarily Athenian citizens. It must, however, be 
 observed that the decree of Scamandrius does not 
 appear to have interdicted the use of torture as a 
 means of execution, since we find Demosthenes 
 {De Cor. 271) reminding the judges that they had 
 put Antiphon to death by the rack (crTf>ۤA<u<roc- 
 T€j). Compare Plut. Plwc. c. 35. 
 
 The evidence of slaves was, however, alwaj's 
 taken with torture, and their testimony was not 
 otherwise received. (Antiph. Tetral. i. p. 633.) 
 From this circumstance their testimony appears to 
 have been considered of more value than that of 
 freemen. Thus Isaeus {De Ciron. Hered. 202) 
 says, " When slaves and freemen are at hand, you 
 do not make use of the testimony of freemen ; but, 
 putting slaves to the torture, j'ou thus endeavour 
 to find out the truth of what has been done." 
 Numerous passages of a similar nature might easily 
 be produced from the orators. (Compare DemostL 
 
 K 
 
130 
 
 BASIAErS. 
 
 BASILICA. 
 
 c. Onetor. i. p. 874 ; Aritiphon, De Cliorcut. 778 ; 
 Lycur. c. Leucr. 159 — 162.) Any person might 
 otter his own slave to be examined by torture, or 
 demand that of his adversary, and the offer or de- 
 mand was equally called 7rpoK\'»)(Tis €is ^6.(javov. 
 If tlie opponent refused to ijive up his slave to be 
 thus examined, such a refusal was looked upon as 
 a strong presumption against him. The TrpoKKricns 
 appears to have been generally made in writing 
 (Demosth. c. Pantaen. 97B), and to have been de- 
 livered to the opponent in the presence of witnesses 
 in the most frequented part of tlie Agora (Demosth. 
 c Aphoh. iii. 848) ; and as there were several 
 modes of torture, the particular one to be employed 
 was usually specified (Demosth. c. Steph. i. 11'20). 
 Sometimes, when a person offered his slave for tor- 
 ture, he gave his opponent the liberty of adopting 
 any mode of torture which the latter pleased. 
 (Antiph. Dc Choreut. 777.) The parties interested 
 cither superintended the torture themselves, or 
 chose certain persons for this purpose, hence called 
 ^acraviffTol, who took the evidence of the slaves 
 (eArfyuefoi fiaaavitTTas, aTn\vr/i(TajXiV €(s to 'Wibair- 
 re7ov, Isocr. Trap. e. 9 ; compare Demosth. c Pan- 
 taen. 978, 979; Antiph. Karriyopla ^ap/xaK. 609). 
 In some cases, however, we find a public slave 
 attached to the court, who administered the tor- 
 ture (irapeiTTai Se VjSrj 6 SrjjUi'os, Kal fiaaaviei 
 fvavTiov v/xaiv, Aesch. De Lfi/. 284. ed. Tayl.) ; 
 but this appears only to have talcen place when 
 the torture was administered in tlie court, in pre- 
 sence of the judges. (Aesch. I. c. ; Demosth. c. 
 Euerff. 1144.) This puldic mode of administering 
 the torture was, however, certainly contrary to the 
 usual practice [^aaav'i^etv ovk cVtic ivuvriov 
 vfj.<uv, Demosth. c. Sh-pli. i. 1106). The general 
 practice was to read at tlie trial the depositions of 
 the slaves, which were called ^acavot (Harpocr. 
 Suid. s. v.; Demosth. c. Nu-osirat. 1254), and to 
 confirm them by the testimony of those who were 
 present at the administration of the torture. 
 BASKANI'A. [Fascinum.] 
 BASCAUDA, a British basket. This term, 
 which remains with very little variation in the 
 Welsh " basgawd," and the English " basket," 
 was conveyed to Rome together with the articles 
 denoted by it. We find it used liy Juvenal (xii. 
 46) and by Martial (xiv. 99) in connections which 
 imply that these articles were held in much esteem 
 by the luxurious Romans. In no other manufac- 
 ture did our British ancestors excel so as to obtain 
 for their productions a similar distinction. (Henry's 
 Hi4. of Britain, b. 1. ch. 6. p. 226.) In what con- 
 sisted the curiosity and the value of these baskets 
 we are not informed ; but they seem to be classed 
 among vessels capable of holding water. [J. Y.] 
 BASI'AEIA was the name of a festival cele- 
 brated at Lebadeia, in Boeotia, in honour of Tro- 
 phonius, who had the surname of Bo(nA.€i!r. This 
 festival was also called Trophonia — Tpocptivia 
 (Pollux, i. I. § 37) ; and was first observed under 
 the latter name as a general festival of the Boeo- 
 tians after the battle of Leuetra (Diod. xv. 53). 
 
 BA2IAET'2, "ANAE, titles originally given to 
 any persons in authority, and applied in the first 
 instance indiscriminately without any accurate dis- 
 tinction. In the government of Phacacia, which 
 was a mixed constitution, consisting of one supreme 
 magistrate, twelve peers or councillors, and the 
 assembly of the people, each of the twelve wlio 
 shared, as well as the one who nominally possessed, 
 
 the supreme power is designated by the word 
 ^aaCKivs (Od. viii. 390), which title became after- 
 wards strictly appropriated in the sense of our term 
 king ; but &vai, continued long to have a much 
 wider signification. In tlie Oedipus Tyiaiinus, 
 the title iva^ is applied to Apollo (810), to Tire- 
 sias (304), to Creon and Oedipus (631), and to 
 the Chorus (911). Isocrates {Evag. vol. ii. p. 318. 
 ed. Auger.) uses fiaaiKevs in the sense of king, 
 and aval as exactly synonymous with prince, call- 
 ing the king's sons dvuKres, and his daughters 
 dvaaaai. The title of basileus was applied to 
 magistrates in some republican states, who pos- 
 sessed no regal power, but who generally attended 
 to whatever was connected with tlie religion of the 
 state and pulilic worship. Thus the second archon 
 at Athens had the title of basileus [Archon], and 
 we find magistrates with the same title in the re- 
 publican states of Delphi (Pint. Quaest. Gr. vii. 
 177), Siphnos (Isocr. Aeyin. c. 17), Chalcedon, 
 Cyzicus, &c. (Waclisinuth, i. i. p. 148.) 
 
 After the introduction of the republican form of 
 goveninient into the Grecian communities, another 
 term {Tvpavvos, t>/ruiinii!<) came into use in contra- 
 distinction to the other two, and was used to 
 designate any citizen who had acquired and re- 
 tained for life the supreme authority in a state 
 which had previously enjoyed tlie republican form 
 of goveriiiueut. The term tyrant, therefore, amongst 
 the Greeks, had a dilTcrent signification from its 
 usual acceptance in modern language ; and when 
 used reproachfully, it is only in a political and not 
 a moral sense ; for many of the Cireek tyrants 
 conferred great benefits upon their country. 
 
 [A. R.] 
 
 BASIL'ICA (sc. aedes, aula, porticus — Pa<n- 
 \iKTj, also rc'i/ia, Stat. Sih: i. I. 30; Suet. Aug. 
 31), a building which served as a court of law and 
 an exchange, or place of meeting for merchants and 
 men of Inisiness. The terra is derived, according 
 to Philander {Comment. Vitruv.), from iSatriAeus, a 
 king, in reference to early times, wlien the cliief 
 magistrate administered the laws he made ; but it is 
 more immediately adopted from the Greeks of 
 Athens, whose second archon was styled apxt^" 
 0acri\(vs, and the tribunal where he adjudicated 
 (TTod fiaaiXeios (Pans. i. 3. § 1 ; T)emoslh. Aristogif. 
 p. 776), the substantive au/a or porliais in Latin 
 being omitted for convenience, and the distinctive 
 epithet converted into a substantive. The Greek 
 writers, who speak of the Roman basilicac, call 
 them sometimes CToal fiaai^iKai, and sometimes 
 merely dToai. 
 
 The first edifice of this description was not 
 erected until B. c. 182 (Liv. xxxix. 44) ; for 
 it is expressly stated by the liistorian, that 
 there were no basilicae at the time of the fire, 
 which destroyed so many buildings in the forum, 
 under the consulate of Marcellus and Laevinus, 
 B. c. 212. (Liv. xxvi. 27.) It was situated in 
 the forum adjoining the curi;i, and was denomi- 
 nated basilica Porcia, in commemmoration of its 
 founder, M. Porcius Cato. Besides this, there 
 were twenty others, erected at different periods, 
 within the city of Rome (Pitisc. Lar. Ant. s. 
 Bimlica), of which the following are the most fre- 
 quently alluded to by the ancient authors: — 1. 
 Dasilka Scmpronia, constructed by Titus Sempro- 
 nius, B.C. 171 (Liv. xliv. 16); and supposed, 
 by Donati and Nardini, to have been between the 
 vicus Tuscus and the Velabrum. 2. Basilica 
 
: BASILICA. 
 
 1 Opimia, which was above the comitium. 3. Biai- 
 lica Pauli At'inilii, or Basilica Aeinilia, called also 
 Rcijia Pauli by Statius {I. c). Cicero [Ad Aft. 
 iv. 16) mentidiis two basilicae of this name, of 
 which one was built, and th(> other only re- 
 stored, by Paulas Aemilius. Both these edifices 
 were in the forum, and one was celel)rated for its 
 open peristyle of Phrygian colunnis (Plin. //. A^. 
 : xxxvi. 24. i. ed. Franz. ; Appian, I)e Bell. Civ. 
 I lib. 2) ; which Plutarch (6'<«'s.) states was 
 erected by L. Aemilius Paulus during his con- 
 sulship, at an expense of 1500 talents, sent to him 
 by Caesar from Oaul, as a bribe to gain him over 
 from the aristocratical party. A representation of 
 this is given below. 4. Basilii-a Pompeii, called 
 also reyia (Suet. Aug. 31), near the theatre of 
 Ponipoj'. 5. Basilica Julia., erected by Julius 
 Caesar, in the forum, and opposite to the basi- 
 lica Acmilia. It was from the roof of this build- 
 ing that Caligula scattered money amongst the 
 people for several successive days. (Suet. Calig. 
 37.) 6. Basilica Caii et Lueii, the grandsons of 
 Augustus, by whom it was founded. (Suet. Aug. 
 29.) 7. Basilica Ulpiu, or Trujatii, in the forum 
 of Trajan. 8. Basilica Constaiitiiii, erected hy the 
 Emperor Constantine, supposed to be the ruin now 
 remaining on the via sacra, near the temple of 
 Rome and Venus, and commonly called the temple 
 of Peace. Of all these magnificent edifices nothing 
 now remains beyond the ground plan, and the 
 bases and some portion of the cohmins and super- 
 structure of the two last. The basilica at Pom- 
 peii is in better preservation ; the external walls, 
 ranges of columns, and tribunal of the judges, 
 being stiU tolerably perfect on the ground floor. 
 
 The forum, or, wliere there was more than one, 
 the one which was in the most frequented and 
 central part of the city, was always selected for the 
 site of a basilica ; and hence it is that the classic 
 writers not unfrequently use the terms forum and 
 basilica synonymously, as in the passage of Clau- 
 dian {Dc Honor. C'uns. vi. 64.5) : — Dcsuttaquc 
 civgit Regius auratis fora /'aseibus Ulpia licior, 
 where the forum is not meant, but the basilica 
 which was in it, and which was surrounded by the 
 lictors who stood in the forum. (Pitisc. Lex. Ant. 
 I. c; Nard. Bom. Aut. v. 9.) 
 
 Vitnivius (v. 1) directs that the most sheltered 
 part of the fonmi should be selected for the site of 
 a basilica, in order that the public might suflfer as 
 little as possible from exposure to bad weather, 
 whilst going to, or returning from, their place of 
 business ; he might also have added, for their 
 greater convenience whilst engaged within, since 
 many of these edifices, and all of the more ancient 
 ones, were entirely open to the external air, being 
 surrounded and protected solely by an open peri- 
 style of columns, as the annexed representation of 
 the basilica Aemilia frimi a medal of Lepidus, with 
 the inscription, clearly shows : — 
 
 BASILICA. 
 
 131 
 
 Wlien, however, the Romans became wealthy 
 and refined, and conseijuently more effeminate, a 
 wall was substituted for the external peristyle, and 
 the columns were confined to the interior ; or, if 
 used externally, it was only in decorating the 
 TTpovaos, or vestibule of entrance. This was the 
 only change which took place in the form of these 
 buildings, from the time of their first institution, 
 until they were converted into Christian churches. 
 The ground plan of all of them is rectangular, and 
 their width not more than half, nor less than one- 
 third of the length (Vitniv. /. c); but if the area 
 on which the edifice was to be raised was not pro- 
 portionably long, small chambers {chalcidica) were 
 cut off from one of the ends (Vitruv. I. c), 
 which served as conveniences for the judges or 
 merchants. This area was divided into three 
 naves, consisting of a centre [media porticus), and 
 two side aisles, separated from the centre one, each 
 by a single row of columns — a mode of construc- 
 tion particularly adapted to buildings intended for 
 the reception of a large concourse of people. At 
 one end of the centre aisle was the tribunal of the 
 judge, in form either rectangular or circular, and 
 sometimes cut off from the length of the grand 
 nave (as is seen in the annexed plan of the basilica at 
 Pompeii, which al.so afibrds an example of the cham- 
 bers of the judices, or chalcidica, above mentioned). 
 
 -Tl — T 
 
 I- 
 i- 
 
 jLj. 
 
 '//II I 1 \ 
 
 or otherwise thrown out from the posterior wall of 
 the building, like the tribune of some of the most 
 ancient churches in Rome, and then called the 
 hemicycle — an instance of which is afforded in the 
 basilica Trajani, of which the plan is given in 
 the following page. It will be observed that this 
 was a most sumptuous edifice, possessing a double 
 tribune, and double row of columns on each side 
 of the centre aisle, dividing the whole into five 
 naves. 
 
 The internal tribune was probably the original 
 construction, when the basilica was simply used as 
 a court of justice ; but when those spacious halls 
 were erected for the convenience of traders as well 
 as loungers, then the semicircular and external tri- 
 bune was adopted, in order that the noise and con- 
 fusion in the basilica might not interrupt the 
 proceedings of the magistrates. (Vitruv. /. e.) In 
 the centre of this tribune was placed the curule 
 chair of the praetor, and seats for judices, who 
 sometimes amounted to the number of 180 (Plin. 
 Ep. vi. 33), and the advocates ; and round the 
 sides of the hemicycle, called the wings (corriua), 
 were seats for persons of distinction, as well as the 
 parties engaged in the proceedings. It was in the 
 wing of the tribune that Tiberius sat to overawe 
 the judgment at the trial of Granius Marcellus. 
 (Tacit. A7m. i. 75.) The two side aisles, as has 
 been said, were separated from the centre one b}' a 
 row of columns, behind each of which was placed 
 a square pier or pilaster {parastafa, Vitruv. I.e.), 
 which supported the flooring of an upper portico, 
 similar to the gallery of a modem church. The 
 upper gallerj' was in like manner decorated with 
 
 K 2 
 
132 
 
 BASILICA. 
 
 BASILICA. 
 
 0 O O C- Q O 0 
 
 columns, of lower dimensions than those below ; and 
 these served to support the roof, and were connected 
 with one another by a parapet-wall or balustrade 
 (pluteus, Vitruv. /. c), which served as a defence 
 against the danger of falling over, and screened the 
 crowd of loiterers above (sMasilicani, Plaut. Capt. 
 IV. ii. 35) from the people of business in the area 
 below. (Vitruv. 1. c.) This gallery reached entirely 
 round the inside of the building, and was frequented 
 by women as well as men, the women on one side 
 and the men on the other, who went to hear and 
 see what was going on. (Plin. I.e.) The staircase 
 which led to the upper portico was on the outside, 
 as is seen in the plan of the basilica of Pompeii. 
 It is similarly situated in the basilica of Constan- 
 tine. The whole area of these magnificent struc- 
 tures was covered in with three separate ceilings, 
 of the kind called Ustudinatum, like a tortoise- 
 shell ; in technical language now denominated 
 coved, an expression used to distinguish a ceiling 
 which has the general appearance of a vault, the 
 central part of which is, however, flat, whilst the 
 margins incline by a cylindrical shell from each of 
 the four sides of the central square to the side 
 walls ; in which form the ancients imagined a re- 
 semblance to the shell of a tortoise. 
 
 From the description which has been given, it 
 will be evident how much these edifices were 
 qdaptcd in their general form and constniction to the 
 uses of a Christian church ; to which purpose some 
 of them were, in fact, converted, as may be inferred 
 from a passage in Ausonius, addressed to the Em- 
 peror Gratianus : — Basilica oliiii ncgotiis plena,nunc 
 votis pro tiia salute susccptis ( Grat, Act. pro con- 
 sulahi ). Hence the later writers of the empire 
 apply the term basilicae to all churches built after 
 the model just described ; and such were the 
 earliest edifices dedicated to Christian worship, 
 which, with their original designation, continue to 
 
 this day, being still called at Rome basilkhe. A 
 Christian basilica consisted of four principal parts : 
 — 1. ripcivaoj, the vestibule of entrance. 2. NaCj, 
 navis, and sometimes r/remium, the nave or centre 
 aisle, which was divided from the two side ones by 
 a row of columns on each of its sides. Here the 
 people assembled for the purposes of worship. 3. 
 "AfiStav (from dvaSa'tveiv, to ascend), chorus (the 
 choir), and Si«jj;esft«7«, a part of the lower extremity 
 of the nave raised above the general level of the 
 floor by a flight of steps. 4. 'leporcTov, Upov 
 Prjfia, sanctuarium, which answered to the tribune 
 of the ancient basilica. In the centre of this 
 sanctuary was placed the high altar, under a taber- 
 nacle or canopy, such as still remains in the basilica 
 of St. John of Lateran, at Rome, at which the 
 priest officiated with his face turned towards the 
 people. Around this altar, and in the wings of the 
 sanctuarium, were seats for the assistant clergy, 
 with an elevated chair for the bishop at the bottom 
 of the circle in the centre. {T/icatr. Basil. Pisan. 
 cura Josep. Marl. Canon, iii. p. 8 ; Ciamp. Vet. Mon. 
 i. ii. et Dp Sacr. Ed. passim.) [A. R.] 
 
 BASIL'ICA {"RcuxiMkoX AmTa|6is). About 
 A. D. 876, the Greek emperor Basilius, the Mace- 
 donian, commenced this work, which was complet- 
 ed by his son Leo, the philosopher. Before the 
 reign of Basilius, there had been several Greek 
 translations of the Pandect, the Code, and the In- 
 stitutes ; but there was no authorised Greek 
 version of them. The numerous Constitutions of 
 Justinian's successors, and the contradictory inter- 
 pretations of the jurists, were a further reason for 
 publishing a revised Greek text under the imperial 
 authority. This great work was called Basilica, 
 or Bao-iAiKol AiaTa^fis : it was revised by the order 
 of Constantinus Porphyrogenneta, about a. d. 945. 
 The Basilica comprised the Institutes, Pandect, 
 Code, the Novellae, and the imperial Constitutions 
 subsequent to the time of Justinian, in a Greek 
 translation, in sixty books, which are subdivided 
 into titles. The publication of this authorised body 
 of law in the Greek language led to the gradual 
 disuse of the original compilation of Justinian in 
 the East. 
 
 The arrangement of the matter in the Basilica 
 is as follows : — All the matter relating to a given 
 subject is selected from the Corpus Juris ; the 
 extracts from the Pandect are placed first under 
 each title, then the constitutions of the Code, and 
 next in order the provisions contained in the Insti- 
 tutes and the Novellae, which confirm or complete 
 the provisions of the Pandect. The Basilica does 
 not contain all that the Corpus Juris contains ; but 
 it contains numerous fragments of the opinions of 
 ancient jurists, and of imperial Constitutions, which 
 are not in the Corpus Juris. 
 
 The Basilica was published, with a Latin ver- 
 sion, by Fabrot, Paris, 1 647 ; seven vols, folio. 
 Fabrot published only thirty-six books complete, 
 and six others incomplete : the other books were 
 made up from an extract from the Basilica and the 
 Scholiasts. Four of the deficient books were after- 
 wards found in MS., and published by Gerhard 
 Meennan, with a translation by M. Otto Rcitz, in 
 the fifth volume of his Thesaurus Juris Civilis et 
 Canonici ; and they were also pubhshed separately 
 in London, in 1765, folio, as a supplement to 
 Fabrot's edition. A new critical edition, by the 
 brothers Heimbach, was commenced in 1833, and 
 is now in progress. [G. L.] 
 
BATHS. 
 
 BATHS. 
 
 133 
 
 BASTER'NA, a kind of litter (lectica) in which 
 women were carried in the time of the Roman em- 
 perors. It appears to have resembled the lectica 
 [see Lectica] very closely; and the only difference 
 apparently was, that the lectica was carried by 
 slaves, and the basterna by two mules. Several 
 etymologies of the word have been proposed. Sal- 
 masius supposes it to be derived from the Greek 
 jSacTafa) (Salm. ad Lamprid. Helioc). 21). A de- 
 scription of a basterna is given by a poet in the 
 Antk. I Alt. iii. 183. 
 
 BATHS. — Ba\oceToi', Bcdnearium, Baliieum, 
 Balineum, Balmae, Balineae, and Thermae. These 
 words are all commonly translated by our general 
 term bath or baths ; but in the writings of the 
 earlier and better authors they are used with a nice 
 discrimination. Balneum or balineum, which is 
 derived from the Greek fiaKav^lov (Varro, De Liny. 
 Lat. ix. 68. ed. Miillor), signifies, in its primary 
 sense, a batk or bathing- vessel, such as most per- 
 sons of any consequence amongst the Romans pos- 
 sessed in their own houses ; in which sense it is 
 used by Cicero (yi</ Att. ii. 3) balineum calefieri 
 jtihebo ; and from that it came to signify the cham- 
 ber which contained the bath (Cic. Ad Fam. xiv. 
 20, liibrum si in balineo non est), which is also 
 the proper translation of the word bulnearium. 
 The diminutive balneolum is adopted by Seneca 
 (E^. 86) to designate the bath-room of Scipio, 
 in the villa at Litenumi, and is expressly used 
 to characterise the unassuming modesty of re- 
 publican manners as compared with the luxury of 
 his own. times. But when the baths of private in- 
 dividuals became more sumptuous, and comprised 
 many rooms, instead of the one small chamber de- 
 scribed by Seneca, the plural balnea or balinea was 
 adopted, which still, in correct language, had re- 
 ference only to the baths of private persons. Thus 
 Cicero terms the baths at the villa of his brother 
 Quintus {Ad Q. Frat. iii. 1. § 1) balnearia. 
 Balneae and balineae, which according to Varro 
 {fie Ling Lat. viii. 25 ; ix. 41. ed. MiiUer) have no 
 singular number,* were the public baths. Thus 
 Cicero {Pro Gael. 25) speaks of balneas Senilis, 
 halneas puhlicas, and in restibulo balnearum (lb. 2G), 
 and Aulus Gellius (iii. 1 ; x. 3) of babicas Sitias. 
 But this accuracy of diction is neglected by many 
 of the subsequent writers, and particularly by the 
 poets, amongst whom balnea is not uncommonly 
 used in the plural number to signify the public 
 baths, since the word balneae could not be intro- 
 duced in an hexameter verse. Pliny also, in the 
 same sentence, makes use of the neuter plural balnea 
 for public, and of balneum for a private bath. {Ep. 
 U. 17.) Tlwrmae (from ^ep/Mri, warmth) mean pro- 
 perly warm springs, or baths of warm water ; but 
 came afterwards to be applied to the stnictures in 
 ■which the baths were placed, and which were both 
 hot and cold. There was, however, a material dis- 
 tmction between the balneae and thermae, inas- 
 much as the former was the term used under the 
 republic, and referred to the public establishments 
 of that age, which contained no appliances for 
 luxury beyond the mere convenience of hot and 
 cold baths, whereas the latter name was given 
 to those magnificent edifices which grew up under 
 the empire, and which comprised within their 
 
 * Balnea is, however, used in the singular to de- 
 signate a private bath in an inscription quoted by 
 Reinesius. (Inscr. xi. 115.) 
 
 range of buildings all the appurtenances belonging 
 to the Greek gymnasia, as well as a regular esta- 
 blishment appropriated for bathing ; which dis- 
 tinction is noticed by .luvenal (Sat. vii. 233): — 
 " Dum petit aut thermas, aut Phoebi balnea." 
 Subsequent writers, however, use these terms with- 
 out distinction. Thus the baths erected by Clau- 
 dius Etruscus, the freedman of the Emperor Clau- 
 dian, are styled by Statins (>Syi'. i. 5. 13) balnea, 
 and by Martial (vi. 42) Etrusei tkermulae. In 
 an epigram also by Martial (ix. 7U) — subiee 
 balneum thermis — the terms are not applied to the 
 whole building, but to two different chambers in 
 the same edifice. 
 
 Bathing was a practice familiar to the Greeks of 
 both sexes from the earliest times, both in fresh 
 water and salt, and in the natural warm springs, 
 as well as vessels artificially heated. Tlius Nau- 
 sicae, daughter of Alcinous, king of Phaeacia, goes 
 out with her attendants to wash her clothes ; and 
 after the task is done, she bathes herself in the 
 river. [Od. vi.58. 65.) Ulysses, who is conducted to 
 the same spot, strips and takes a bath, whilst she 
 and her servants stand aside. {Od. vi. 210 — 224.) 
 Europa also bathes in tlie river Anaurus (Mosch. 
 Id. ii. 31), and Helen and her companions in the 
 Eurotas. (Theoer. Id. vii. 22.) Warm springs were 
 also resorted to for the purpose of bathing. The 
 'HpoKA.eio Xovrpa. showii by Vulcan or Minerva to 
 Hercules are celebrated by the poets. Pindar 
 speaks of the hot bath of the nymphs — ^epfid 
 Nvix<pS.v XovTpd {Olymp. xii. 27), and Homer 
 {II. xxii. 149) celebrates one of the streams of the 
 Scamander for its warm temperature. The artifi- 
 cial warm bath was taken in a vessel called 
 dadnivdos by Homer {irapa. to ttjc a(n\v nivuBttv : 
 Phavorinus s. dadfitvdos), because it diminished 
 the uncleanliness of the skin ; and tfiPaais by 
 Athenaeus (i. c. 19. p. 25). It would appear from 
 the description of the bath administered to Ulysses 
 in the palace of Circe, that this vessel did not con- 
 tain water itself, but was only used for the bather 
 to sit in while the warm water was poured over 
 him, which was heated in a large caldron or tripod, 
 under which the fire was placed, and when suffi- 
 ciently wanned, was taken out in other vessels and 
 poured over the head and shoulders of the person 
 who sat in the dcrdfj.ii'dos. {Od. x. 359 — 365.) 
 Where cleanliness merely was the object sought, 
 cold bathing was adopted, which was considered as 
 most bracing to the nerves (^loAitrTo to?s vevgois 
 ■irp6<T<l>opos, Athen. /. c.) ; but after violent bodily 
 exertion or fatigue wann water was made use of, 
 in order to refresh the body, and relax the over 
 tension of the muscles. {Id. ib.) Thus the d(rd/j.tv- 
 0OS is prepared for Peisistratus and Telemachus in 
 the palace of Menelaus {Od. iv. 48), and is resorted 
 to by Ulysses and Diomed, when they returned 
 with the captured horses of Rhesus. {II. x. 576.) 
 
 'Ej ^' dadiJ-ifOovs ^vres fii^earas KovaavTO. 
 From which passage we also leam that the vessel 
 was of polished marble, like the basins {labra) 
 which have been discovered in the Roman baths. 
 Aniiromache, in the 22d book of the Iliad, pre- 
 pares a hot bath for Hector against his return from 
 battle ; and Nestor, in the 1 4th, orders Hecamede 
 to make ready the warm bath {dfpp-d Kof-rgd) ; and 
 the Phaeacians are represented as being addicted 
 to the vanities of dress, warm baths, and sexual 
 indulgence. {Od. viii. 248.) 
 Ei'/uoTa t' il7iiJ.oiSd, Xoerpd re dep/M, kcu evvcu. 
 
134 
 
 BATHS. 
 
 BATHS. 
 
 Itwas alsocustomaryfortheGreeks to take two baths 
 in succession, first cold and afterwards warm ; thus 
 in the passage of the Iliad just referred to, Ulysses 
 and Diomed both bathe in the sea, and afterwards 
 refresh themselves with a warm bath {a.(T6.fxivQos ) 
 upon returning to their tents. The custom of 
 plunging into cold water after the wann bath men- 
 tioned by Aristides ( Tom. 1. Orat. "2. Sacr, Serm. 
 p. 315), who wrote in the second century, does not 
 refer to the Greeks of this early age, but to those 
 who lived after the subjugation of their countiy by 
 the Romans, from whom the habit was most pro- 
 bably borrowed. 
 
 After bathing both sexes anointed themselves, 
 the women {Od. vi. 96) as well as men, in order 
 that the skin might not be left harsh and rough, 
 especially after wann water. (Athen. I. c.) Oil 
 (eAaioi') is the only ointment mentioned by Homer 
 asusedfor this pui'pose,and Pliny (i/.A^. xiii. Led. 
 PVanz.) says that the Greeks had no better ointment 
 at tlie time of the Trojan war than oil perfumed 
 with herbs. In all the passages quoted above the 
 bathers anoint themselves with clear pure oil (Ai'ir' 
 fAaitii) ; but in xxiii. 180, Venus anoints the 
 body of Hector with oil scented with roses (lAai'^i 
 poSoecTi), and in //. xiv. 17"2, Juno anoints her- 
 self with oil " ambrosial, sweet, and odoriferous" 
 (^dfiSpoaioy, eSavov, Tedva/j.ei'ovy. and elsewhere the 
 oil is termed euoJSes, sweet-sinelliiig, upon which 
 epithet the commentators and Athenaeus (.xv. 11) 
 remark that Homer was acquainted with the use 
 of more precious ointments, but calls them oil with 
 an epithet to distinguish them from common oil. 
 The ancient heroes, however, never used precious 
 unguents (ju5pa). 
 
 Amongst the Greeks, as well as Romans, bath- 
 ing was always a preUminary to the hour of 
 meals. Indeed the process of eating seems to have 
 followed as a matter in course upon that of bath- 
 ing ; for even Nausicae and her companions in the 
 passage referred to above, immediately after they 
 had bathed and anointed themselves, sat down to 
 eat by the river's side whilst waiting for the clothes 
 to dry. (Od. vi. 97.) 
 
 The Lacedaemonians, who considered wann 
 water as enervating and effeminate, used two 
 kinds of baths ; namely, the cold daily bath in the 
 Eurotas, which Agesilaus also used (Xen. Hell. v. 
 4. § '28 ; Plut. Ale. "23), and a dry sudorific bath 
 in a chamber heated with warm air by means of a 
 stove (Dion Cass. liii. p. 515. ed. Hannov. 160G); 
 and from them the chamber used by the Romans 
 for a similar purpose was tenned Laconicum. (Com- 
 pare Strabo, iii. p. 413. ed. Siebenkees, and Ca- 
 saub. ad. loe.) 
 
 Thus it seems clear that the Greeks were fami- 
 liar with the use of the bath both as a source of health 
 and pleasure, long before it came into general prac- 
 tice amongst the Romans, although they had no 
 public establishments expressly devoted to the pur- 
 pose of the same magnificence as the Romans had ; 
 in which sense the words of Artemidorus (i. 66) 
 must be understood, when he says " They were 
 unacquainted with the use of baths " (PaKavela 
 ovK »j5ei(rac) ; for it appears that the Athenians 
 at least had public baths {Xovrpajvis), attached to 
 the gymnasia, which were more used by the com- 
 mon people than by the great and wealthy, who 
 had private baths in their own houses. (Xen. De 
 Hep. Ath. ii. 10.) 
 
 The Romans as well as Greeks resorted to the 
 
 rivers in the earlier periods of their history from 
 motives of health or cleanliness, and not of luxury ; 
 for as the use of linen was little known in those 
 ages ( Fabr. /Jcsc;-. Uib.Rom. c. 18), health as well 
 as comfort rendered frequent ablutions necessary. 
 Thus we learn from Seneca (£)j. 86) that the ;] 
 ancient Romans washed their legs and arms daOy, 
 and bathed their whole body once a week. 
 
 It is not recorded at what precise period the use 
 of the warm bath was first introduced amongst the 
 Romans ; but we learn from Seneca {I. e.) that 
 Scipio had a warm bath in his villa at Litemum ; 
 which, however, was of the simplest kind, consist- 
 ing of a single chamber, just sufficient for the neces- 
 sary purposes, and without any pretension to 
 luxury. It was " small and dark," he says, " after 
 the manner of the ancients." This was a bath of 
 warm u-uter ; but the practice of heating an apart- 
 ment with wann air by flues placed immediately 
 under it, so as to produce a vapour bath, is stated by 
 Valerius Maximus (ix. 1 . 1 ) and by Pliny {H.N. ix. 
 79. ed. Franz.) to have been invented by Sergius 
 Grata, who lived in the age of Crassus, before the 
 Marsic war. The expression used by Valerius Maxi- 
 mus is balnea peiisilia, and by Pliny halitieas pe/isiivs, 
 which is differently explained by different com- 
 mentators ; but a single glance at the plans inserted 
 below will be sufiicient in order to comprehend the 
 manner in which the flooring of the chambers was 
 suspended over the hollow cells of the hypocaust, 
 called by Vitruvius siispensura caldariorum (v. 11), 
 so as to leave no doubt as to the precise meaning 
 of the invention, which is more fully exemplified in 
 the following passage of Ausonius (AIosi ll. 337): — 
 " Quid (memorem) quae sulphurea substructa cre- 
 pidine fumant 
 Balnea, ferventi cum Mulciber haustus Operto, 
 Volvit anhelatas tectoria per cava fiiunmas, 
 Inclusum glomerans aestu exspirante vaporem ?" 
 By the time of Cicero the use of baths, both 
 public and private, of wann water and hot air, had 
 obtained verj' generally, and with a considerable 
 degree of luxury if not of splendour ; as may be col- 
 lected from a letter to his brother {Ad Q. Fnd. iii. 
 l.§ 1 ), in which he informs him that he had given 
 directions for removing the vapour bath {assa) into 
 the opposite angle of the undressing-room {apody- 
 teriuin), on account of the flue {vaporarium) being 
 placed in an injudicious situation ; and we leam 
 from the same author that there were baths at 
 Rome in his time — balueas Senias — {Pro Cacl.'25) 
 which were open to the public upon payment of a 
 small fee. {lb. -26.) 
 
 In the earlier ages of Roman history a much 
 greater delicacy was obseiTed with respect to pro- 
 miscuous bathing, even amongst the men, than was , 
 usual among the Greeks ; for according to Valerius 
 Maximus (ii. 1.7) it was deemed indecent for a 
 father to bathe in company with his own son after 
 he had obtained the age of puberty, or a son-in-law 
 with his father-in-law — the same respectfid reserve 
 being shown to blood and affinity as was paid to 
 the temples of the gods, towards whom it was con- 
 sidered as an act of irreligion even to appear naked 
 in any of the places consecrated to their worship. 
 (Compare Cic. Be Of. i. 35; De Orat. ii. 55.) 
 But virtue passed away as wealth increased ; and 
 when the thermae came into use, not only did 
 the men bathe together in numbers, but even 
 men and women stripped and bathed promis- 
 cuously in the same bath. It is true, however. 
 
BATHS. 
 
 BATHS. 
 
 13.5 
 
 that the public establishments often contained 
 separate baths for both sexes adjoining to each 
 other (Vitmv. v. 10 ; Varro, De Limj. Lat. ix. 
 68), as will be seen to have been also the case at 
 the baths of Pompeii. Aulus Gellius (x. 3) relates 
 a story of a consul's wife who took a wliini to batlie 
 at Teanum (Teano), a small provincial town of 
 Campania, in the men's baths (bitbieis virili/ms) ; 
 probably, because in a small town, the female de- 
 partment, like that at Pompeii, was more confined 
 and less convenient than that assigned to the men ; 
 and an order was consenuentlj' given to the Quaes- 
 tor, M. Marius, to turn the men out. But whetlier 
 the men and women were allowed to use each 
 other's chambers indiscriminately, or that some of 
 the public estalilishments had onlj' one common 
 set of baths for both, tlie custom prevailed under 
 the Empire of men and women bathing indiscrimi- 
 nately together. (Plin. //. jV. xxxiii. 54. ed. Franz.) 
 This custom was forbidden by Hadrian (Spart.//«(/;-. 
 c. 1 ), and by M. Aurelius Antoninus (Capitolin. 
 Anton. Phi/osoji/i. c. 23) ; and Alexander Severus 
 prohibited anj' baths, common to both sexes {balnea 
 mUia), from being opened in Rome. (Lamprid. 
 Akj: Sev. c. 42.) 
 
 '\\'hcn the public baths {kilneae) were first in- 
 stituted, they were oidy for the lower orders, who 
 alone bathed in public ; the people of wealth, as 
 well as those wlio formed the ecjuestrian and sena- 
 torian orders, using private baths in their own 
 houses. But this monopoly was not long en- 
 joyed ; for as early even as the time of Julius Caesar 
 we find no less a personage than the mother of 
 Augustus making use of the public estiiblishments 
 (Suet. Aii(/. .04), which were probably at that 
 time separated from the men's ; and in process of 
 time even tlie emperors themselves bathed in pub- 
 lic witli the meanest of the people. Thus Hadrian 
 often bathed in public amongst the herd (cu/n om- 
 nibus, Spart. Ihulr. c. 17); and even the virtuous 
 Alexander Severus took his bath amongst the 
 populace in the thennae he had himself erected, 
 as well as in those of his predecessors, and re- 
 turned to the palace in his Ijathing-dress (Lamprid. 
 Aka-and. Skv. c. 42) ; and the abandoned Gallienus 
 amused himself by bathing in the midst of the 
 young and old of both sexes — men, women, and 
 children. (Trebell. Pollio, De (laliicn. diiob. c. 17.) 
 
 The baths were opened at sunrise, and closed 
 at sunset ; but in the time of Alexander Severus, 
 it would appear that they were kept open nearly 
 all night ; for he is stated (Lamp. Akx. Sev. I. c.) 
 to have furnished oil for his own thermae, which 
 previously were not opened before daybreak {ante 
 aurorum), and were shut before sunset {ante 
 vesperuin.) ; and Juvenal {Sat. vi. 419) includes in 
 his catalogue of female immoralities, that of taking 
 the bath at night {balnea nocte su/tit ), which may, 
 however, refer to private baths. 
 
 The price of a bath was a quadrant, the smallest 
 piece of coined money, from the age of Cicero 
 downwards (Cic. Pro Gael. 26 ; Hor. Sat. I. iii. 1 37 ; 
 Juv. Sat. vi. 447), which was paid to the keeper 
 of the bath {balneator) ; and hence it is termed by 
 Cicero, in the oration just cited, qimdrantaria per- 
 muiatio, and by Seneca {Ep- 86) res ipuidrantaria. 
 Children below a certain age were admitted free. 
 (Juv. Sat. ii. 1.52.) 
 
 "Nec pueri credunt,nisi qui nondum aere lavantur." 
 Strangers, also, and foreigners were admitted to 
 some of the baths, if not to all, without payment, 
 
 I as we learn from an inscription found at Rome, 
 and quoted by Pitiscus. {Le^: Aiiti(j.) 
 
 L. OCTAVIO. L. F. CAM. 
 
 RUFO. TRIB. MIL 
 
 QUI LAVATIONEM GRATUITAM MUNICIPIBUS, 
 INCOLIS 
 
 HOSPITIBU.S ET AD VliNTORIBUS. 
 
 The baths were closed when any misfortune 
 happened to the republic (Fabr. Deacr. Urb. Rom. 
 c.lii) ; and Suetonius says that the Emperor Caligula 
 made it a capital otfence to indulge in the luxury 
 of bathing upon any religious holiday. (W.) They 
 were originally placed under the superintendence 
 of the aediles, whose business it was to keep them 
 also in repair, and to see that they were kept clean 
 and of a proper temperature. {lb.; Sen. Ep. 8().) 
 In the provinces the same duty seems to have de- 
 volved upon the quaestor, as may be inferred froin 
 the passage already quoted from Aulus Gellius 
 (x. 3). 
 
 The time usually assigned by the Romans for 
 taking the bath was the eighth hour, or shortly 
 afterwards. (Mart. Ep. x. 48 ; xi. .52.) 
 " Octavam poteris servare ; lavabimur una ; 
 Scis, quam sint Stephani balnea juncta milii." 
 Before that time none but invalids were allowed 
 to bathe in public. (^Lamprid. Ak.r. S;'v. 24.) 
 Vitruvius reckons the hours best adapted for bath- 
 ing to be from mid-day until about sunset (v. 10). 
 Plinj' took his bath at the ninth hour in summer, 
 and at the eighth in winter {Ep. iii. 1.8); and 
 Martial speaks of taking a bath when fatigued ;uid 
 weary, at the tenth hour, and even later. {Epig. iii. 
 36 ; x. 70.) 
 
 When the water was ready, and the baths pre- 
 pared, notice was given by the sound of a bell — 
 aes tliermurum. (Mart. Ep. xiv. 163.) One of 
 these bells, with the inscription FiR.m Balnea- 
 TORI.S, was found in the thermae Uiocletiaiuie, in tlie 
 year 1548, and came into the possession of the 
 learned Fulvius Ursinus. {Append, ad Ciaccon. 
 de Trieliu.) 
 
 Whilst the bath was used for health merely or 
 cleanliness, a single one was considered sufficient at 
 a time, and that only when requisite. But the 
 luxuries of the empire knew no such bounds, and 
 the daily bath was sometimes repeated as many as 
 seven and eight times iii succession — the number 
 which the Emperor Comraodus indulged himself 
 with. (Lamprid. Com. e. 2.) Gordian bathed seven 
 times a day in summer, and twice in winter. The 
 Emperor Gallienus six or seven times in summer, 
 and twice or thrice in winter. (Capitolin. Gall.c. 17.) 
 Commodus also took his meals in the bath ( Lamprid. 
 I. c); a custom which was not confined to a dis- 
 solute Emperor alone, for Martial {Ejiiy. xii. 1!)) 
 attacks a certain Aemilius for the same practice ; 
 which passage, however, is ditferently intei"preted 
 by some commentators. 
 
 It was the usual and constant habit of the Ro- 
 mans to take the bath after exercise, and previously 
 to their principal meal {crjena) ; but the de- 
 bauchees of the empire bathed also after eating as 
 well as before, in order to promote digestion, so as 
 to acquire a new appetite for fresh delicacies. Nero 
 is related to have indulged in this practice (Suet. 
 Nero 27), which is also alluded to by Juvenal. 
 {Sat. i. 142). 
 
 Upon quitting the bath it was usual for the Ro- 
 mans as well as Cxreeks to be anointed with oil ; to 
 which custom both Pompey and Brutus are repre- 
 
136 
 
 BATHS. 
 
 sented by Plutai'ch as adhering. But a particular 
 liabit of body, or tendency to certain complaints, 
 sometimes required this order to be reversed ; for 
 which reason Augustus, who suffered from nervous 
 disorders, was accustomed to anoint himself before 
 bathing (Suet. ^4«//. 8"2) ; and a similar practice 
 was adopted by Alexander Severus. (Lamprid. 
 Alex. Sec. I. c.) The most usual practice, however, 
 seems to have been to take some gentle exercise 
 {exercUatio), in the first instance, and then, after 
 bathing, to be anointed either in the sun, or in the 
 tepid or thermal chamber, and finally to take their 
 food. 
 
 The Romans did not content themselves with a 
 single bath of hot or cold water ; but they went 
 through a course of baths in succession, in which 
 the agency of air as well as water was applied. It 
 is difficult to ascertain the precise order in which 
 the course was usually taken, if indeed there was any 
 general practice beyond the whim of the individual. 
 Under medical treatment, of course the succession 
 would be regulated by the nature of the disease for 
 which a cure was sought, and would vary also ac- 
 cording to the different practice of different physi- 
 cians. It is certain, however, that it was a gene- 
 ral practice to close the pores, and brace the body 
 after the excessive perspiration of the vapour bath, 
 either by pouring cold water over the head, or by 
 plunging at once into the piscina, or into a river, as 
 the Russians still do (Tooke's Russia), and as the 
 Romans sometimes did, as we learn from Ausonius. 
 " Vidi ego defessos multo sudore lavacri 
 Fastidisse lacus, et frigora piscinarum, 
 Ut vivis fruerentur aquis ; mox aninc refotos 
 Plaudenti gelidmn flumen pepulisse natatu." 
 
 Mosell. 341. 
 
 Musa, the physician of Augustus, is said to have 
 introduced this practice (Plin. H. N. xxv. 38. ed. 
 Franz.), which became quite the fashion, in conse- 
 quence of the benefit which the emperor derived 
 from it, though Dion (liii. p. 517) accuses him of 
 having artfully caused the death of MarccUus by 
 an improper application of the same treatment. In 
 other cases it was considered conducive to health 
 to pour warm water over the head before the 
 vapour bath, and cold water immediately after it 
 (Plin. H. N. xxviii. 14. ed. Franz.; Cels. De 
 Mud. i. 3) ; and at other times, a succession of 
 wanu, tepid, and cold water was resorted to. 
 
 BATHS. 
 
 The two physicians Galen and Celsus differ in 
 some respects as to the order in which the baths 
 should be taken ; the former recommending first 
 the hot air of the Laconicum {aipi Stepnif:), next the 
 bath of wann water (liSoip depfidv andKovTpov*), 
 afterwards the cold, and finally to be well rubbed 
 (Galen, De Metlmdo Mcdendi, x. 10. p. 708,709. ed. 
 Kuhn) ; whilst the latter recommends his patients 
 first to sweat for a short time in the tepid chamber 
 (tepidarium), without undressing ; then to proceed 
 into the thermal chamber (calidarium), and after 
 having gone through a regular course of perspi- 
 ration there, not to descend into the wanu bath 
 (solium), but to pour a quantity of wann water 
 over the head, then tepid, and finally cold ; after- 
 wards to be scraped with the strigil ( per/ricari),ar\d 
 finally rubbed dry and anointed. (Cels. De Med. 
 i. 4.) Such, in all probability, was the usual 
 habit of the Romans when the bath was resorted 
 to as a daily source of pleasure, and not for any 
 particular medical treatment ; the more so, as it 
 resembles in many respects the system of bathing 
 still in practice amongst the Orientals, who, as Sir 
 W. Gell remarks, " succeeded by conquest to the 
 lu.xuries of the enervated Greeks and Romans." 
 (Gell's Pompeii, vol. 1. p. 86. ed. 1832.) 
 
 Having thus detailed from classical authorities 
 the general habits of the Romans in connection 
 with their system of bathing, it now remains 
 to examine and explain the internal arrange- 
 ments of the structures which contained their 
 baths ; which will serve as a practical comment- 
 ary upon all that has been said. Indeed there 
 are more ample and better materials for acquiring 
 a thorough insight into Roman manners in this one 
 particular, than for any other of the usages con- 
 
 * AovTpov. In this passage it is plain that the 
 word Kourpov is used for a warm bath, in which 
 sense it also occurs in the same author. 
 Vitruvius (v. 11), on the contrary, says that the 
 Greeks used the same word to signify a cold bath 
 {friffida lavatio, qiuim Graeci hovrpov vodtant). 
 The contradiction between the two authors is here 
 pointed out, for the purpose of showing the impos- 
 sibility, as well as impropriety, of attempting to 
 affix oiie precise meaning to each of the different 
 terms made use of by the ancient writers in 
 reference to their bathing est<iblishments. 
 
BATHS. 
 
 BATHS. 
 
 137 
 
 nected with their domestic habits. Lucian, in the 
 treatise which is inscribed Hippias, has given a 
 minute and interesting description of a set of baths 
 erected by an architect of that name ; which it is 
 to be regretted is nmch too long for insertion in 
 this place, but which is well worth perusal ; and 
 an excavation made at Pompeii between the years 
 1824-25, laid open a complete set of public baths 
 (balTieae), with many of the chambers, even to the 
 ceilings, in good preservation, and constructed in 
 
 The whole building, which comprises a double 
 set of baths, has six different entrances from the 
 street, one of which A, gives admission to the 
 smaller set only, which were appropriated to the 
 women, and five others to the male department ; of 
 which two, B and C, communicate directly with 
 the furnaces, and the other three D, E, F, with 
 the bathing-apartments, of which F, the nearest to 
 the forum, was the principal one, the other two, D 
 and E, being on opposite sides of the building, 
 served for the convenience of those who lived on 
 the north and east sides of the city. To have a 
 variety of entrances (t|d5ois iroAAois reOvpwueuov) 
 is one of the qualities enumerated by Lucian neces- 
 sary to a well-constructed set of baths. (Hi]}pias, 
 8.) Passing through the principal entrance F, 
 which is removed from the street by a narrow 
 footway surrounding the insula (the outer curb 
 of which is marked upon the plan by the thin 
 line drawn round it), and after descending three 
 steps, the bather finds upon his left hand a 
 small chamber (1) which contained a conve- 
 mence {lalri?m*), and proceeds into a cover- 
 ed portico (2), which ran round three sides 
 of an open court — atrium (3), and these together 
 
 * Latrina was also used previously to the time 
 of Varro for the bathing-vessel, quasi lavatrina. 
 Varro, I)c Ling Lat. ix. (i8. ed. MViller ; compare 
 Lucill. ap. Non. c. 3. n. 131.) 
 
 aU their important parts upon rules very similar to 
 those laid down by Vitruvius. 
 
 In order to render the subjoined remarks more 
 easily intelligible, the woodcut on the preceding page 
 is inserted, which is taken from a fresco painting 
 upon the walls of the thermae of Titus at Rome. 
 
 The annexed woodcut represents the ground 
 plan of the baths of Pompeii, which are nearly 
 surrounded on three sides by houses and shops, thus 
 forming what the Romans termed an insula. 
 
 1 z 
 
 \ -3 
 
 ' c 
 
 formed the vestibule of the baths — vcsiihdum balne- 
 arum (Cic. Pro Gael. 26), in which the servants 
 belonging to the establishment, as well as such of 
 the slaves and attendants of the great and wealthy, 
 whose services were not required in the interior, 
 waited. There are seats for their accommodation 
 placed underneath the portico (u, a). This com- 
 partment answers exactly to the first, which is de- 
 scribed by Lucian (/. c. 5). Within this court the 
 keeper of the baths (baliieator) who exacted the 
 qiuulravs paid by each visiter, was also stationed ; 
 and accordingly in it was found the box for hold- 
 ing the money. The room (4) which runs back from 
 the portico might have been appropriated to him ; 
 or, if not, it might have been an oecus or exedra, for 
 the convenience of the better classes whOst await- 
 ing the return of their acquaintances from the in- 
 terior, in which case it will correspond with the 
 chambers mentioned by Lucian [l. c. 5), adjoining 
 to the servants' waiting-place {iv apicTcpo Se tuv 
 is rpv<fnlv irapeCKevcurixevoiv oiKrifxaTuu). \n this 
 court likewise, as being the most public place, 
 advertisements for the theatre, or other announce- 
 ments of general interest, were posted up, one of 
 which, announcing a gladiatorial show, still re- 
 mains. (5) Is the corridor which conducts from 
 the entrance E, into the same vestibule. (() ) A smaU 
 cell of similar use as the corresponding one in the 
 opposite corridor (1). (7) A passage of connnuni- 
 I cation which leads into the chamber (8), the 
 
1.38 
 
 BATHS. 
 
 BATHS. 
 
 frigidarium, which also served as an apodyterium, 
 or spoliator ium, a room for undressing ; and which 
 is also accessible from the street by the door I), 
 through the corridor (9), in which a small niche is 
 observable, which probably served for the station 
 of another balneatoi; who collected the money from 
 those entering from the north street. Here then is 
 the centre in which all the persons must have met 
 before entering into the interior of the baths ; and 
 its locality, as well as other characteristic features 
 in its fittings up, leave no room to doubt that it 
 served as an undressing-room to the hulnnw Poiii- 
 peianae. It does not appear that any general rule 
 of construction was followed by the architects of 
 antiquity, with regard to the locality and tempera- 
 ture best adapted for an apodyterium. The word 
 is not mentioned by Vitruviiis, nor expressly by 
 Lucian ; but he says enougli for us to infer that it 
 belonged to the/'rif/idariuiit in the baths of Hippias 
 (/. c. 5). " After quitting the last apartment there 
 are a .sufficient number of chambers for the bathers 
 to undress, in the centre of which is an oectts, con- 
 taining three baths of cold water." Pliny, the 
 younger, s;iys that the apoili/trriinn at one of his 
 own villas adi(]ined the friiiiihiriiim {Kp. v. (j), 
 and it is plain fnjm a passage already quoted, that 
 the cipoiliiicrinm was a warm apartment in the 
 baths belonging to the villa of Cicero's brother, 
 Quintus («.ssa iu alieriiiii iijtmhiti'rii amjiihim. pm- 
 movi), to which temperature Celsus alsi> assigns it. 
 In the thennae at Home each of tile hot and cold 
 departments had [)rol)al)ly a separate apodyterium 
 attached to it ; or if not, the ground plan was so 
 arranged that one apmihiterium would be contiguous 
 to, and serve for lioth or either ; but where space 
 and means were circumscrilted, as in the little city 
 of Pompeii, it is more reasonable to conclude that 
 the friyularium served as an apodyti'riam for those 
 who confined themselves to cold bathing, and the 
 tepirlariiim for those who commenced their ablutions 
 in the wann apartments. The bathers were ex- 
 pected to take oft* their gannents in the apodyteiium, 
 it not being permitted to enter into the interior 
 unless naked. (Cic. Pro Cael. 26.) They were 
 then delivered to a class of slaves, called capsarii 
 (from cupsa, the small case in which children car- 
 ried their books to school), whose duty it was to 
 take charge of them. These men were notorious 
 for dishonesty, and leagued with all the thieves of 
 the city, so that they connived at the robberies 
 they were placed there to prevent. Hence the ex- 
 expression of Catullus — O fiirum optume halneari- 
 oruml [Carm. xxxiii. 1) and Trachilo in the Ru- 
 dens of Plautus (ii. xxxiii. .51), complains bitterly 
 of their roguery, which, in the capital, was carried 
 to such an excess that very severe laws were en- 
 acted against them, the crime of stealing in the 
 baths being made a capital offence. 
 
 To return into the chamber itself — It is vaulted 
 and spacious, with stone seats along two sides of 
 the wall (i, i), and a step for the feet below, slight- 
 ly raised from the fiom {jmhinus et f/radus, Vitruv. 
 v. 10). Holes can still be seen in the walls, which 
 might have served for pegs on which the gannents 
 were hung when taken off ; for in a small provin- 
 cial town like Pompeii, where a robbery committed 
 in the baths could scarcely escape detection, there 
 would be no necessity for ccipmrii to take charge 
 of them. It was lighted by a window closed 
 with glass, and ornamented with stucco mouldings 
 and painted yellow. A section and drawing of this 
 
 interior is given in Sir W. GcU's Pompeii. There 
 are no less than six doors to this chamber ; one 
 led to the entrance E, another to the entrance D, 
 a third to the small room ( 1 1 ), a fourth to the fur- 
 naces, a fifth to the tepid apartment, and the sixth 
 opened upon the cold bath (10), named indifferently 
 by the ancient authors, iiatatio, natatorium,pmcina, 
 baptisterium* puteus, Kovrpov. The bath, which is 
 coated with white marble, is 12 feet 10 inches in di- 
 ameter, and about three feet deep, and has two marble 
 steps to facilitate the descent into it, and a seat sur- 
 rounding it at the depth of 10 inches from the 
 bottom, for the purpose of enabling the bathers to 
 sit down and wash themselves. The ample size of 
 this basin explains to us what Cicero meant when 
 he wrote — Latiorem piseinam voluissem, uln jactata 
 tirachia non offendcrentur. It is probable that many 
 persons contented themselves with the cold bath only, 
 instead of going through the severe course of per- 
 spiration in the warm apartments ; and as the /;-i- 
 gidarium alone could have had no efifect in baths like 
 these, where it merely served as an aj)odyterium,the 
 mitatio must be referred to when it is said that at 
 one period cold baths were in such request that 
 scarcely any others were used, ((jell's /'oik/jczV, I. c.) 
 There is a platform, or ambulatory [schola, Vitruv. 
 V. 10) round the bath, also of marble, and four 
 niches of the same material disposed at regular in- 
 tervals round the walls, with pedestals, for statues 
 probably, placed in them. + The ceiling is vaulted, 
 and the chamber lighted by a window in the 
 centre. The annexed woodcut represents a 
 frigidarium with its cold bath {puteus, Plin. Ep. v. 
 6) at one extremity, supposed to have formed a 
 
 * The word haptiaterium (Plin. Ep. v. C) is 
 not a bath sufficiently large to immerse the whole 
 body, but a vessel, or labriim, containing cold water 
 for pouring over the head. Compare also Plin. 
 Ep. xvii. 2. 
 
 + According to Sir W. Gell (/. c.) with seats, 
 which he interprets scholae, for the accommodation 
 of persons waiting an opportunity to bathe — but a 
 passage of Vitruvius (v. 1 0), hereafter quoted, seems 
 to contradict this use of the term — and seats were 
 placed in the frigiilarium adjoining, for the e.x- 
 press purpose of acconnnodating those who wer6 
 obliged to wait for their turn. 
 
BATHS. 
 
 BATHS. 
 
 139 
 
 part of the Fomiian villa of Cicero, to whose age 
 the stylo of construction, and the use of the simple 
 Doric order, undoubtedly belong. The bath itself, 
 into which the water still continues to flow from a 
 neighbouring spring, is placed under the alcove, 
 and the two doors on each side opened into small 
 chambers, which probably served as apmhjterM. It 
 is still to be seen in the gardens of the Villa Capo- 
 seli, at Mola di Gaeta, the site of the ancient 
 Fomiiae. 
 
 In the cold bath of Pompeii the water ran into the 
 basin through a spout of bronze, and was carried off 
 again through a conduit on the opposite side. It 
 was also furnished with a waste-pipe under the 
 margin to prevent it from running over. No. 1 1 
 is a small chamber on the side opposite to the friiji- 
 dariam, which might have served for shaving 
 (tonstrina), or for keeping unguents or stnifiles ; and 
 from the centre of the side of the fri(jidarium, the 
 bather, who intended to go through the process of 
 wanii bathing and sudation, entered into (1 "2) the 
 tepiilarium. 
 
 This chamber did not contain water cither at 
 Pompeii or at tlu' baths of Hippias, but was merely 
 heated with wann air of an agreeable temperature 
 in order to prepare tlie body for the groat heat of 
 the vapour and wann baths ; and upon returning, 
 to obviate the danger of a too sudden transition to 
 the open air. In this respect it resembles exactly 
 the tepid chamber described by Lucian (I. c. (>), 
 which he says was of a moderate and not oppres- 
 sive heat, adjoining to which he places a room 
 ;i for anointing (oIkos dAe'i^aaBai irpoarji'ws irape- 
 
 ;i In the baths at Pompeii this chamber ' served 
 I likewise as an upinliftcrium for those who took the 
 |i warm bath ; for which purpose tiie fittings up are 
 il evidently adapted, the walls being divided into a 
 i n\imber of separate compartments or recesses for re- 
 ceiving the garments when taken off, by a series of 
 figures of the kind called Atlaidcs or Telamones, 
 which project from the walls, and support a rich 
 cornice above them. One of these divisions, with 
 the TdamoTics, is represented in the article Atlan- 
 TES. Two bronze benches were also found in the 
 room, which was heated as well by its contiguity 
 to the hypocaust of the adjoining chamber, as by a 
 brazier of bronze (focidus), in which the charcoal 
 ashes were still remaining when the e.xcavation was 
 made. A representation of it is given in the an- 
 nexed woodcut. Its whole length was seven feet, 
 and its breadth two feet six inches. 
 
 In addition to this service there can be little 
 doubt that this apartment was used as a depository 
 for unguents and a room for anointing (d\eiirTijpioj', 
 unctuarium,elaeot/iesiuin),the proper place for which 
 i is represented by Lucian c.) as adjoining to the 
 tepklarium, and by Pliny (Ep. ii. 17) as adjoin- 
 ing to the hypocaust ; and for which purpose some 
 , of the niches between the Telamones seem to be 
 peculiarly adapted. In the larger establishments 
 a separate chamber was allotted to these purposes, 
 
 as may be seen by referring to the drawing taken 
 from the Thermae of Titus ; but as there is no 
 other spot within the circuit of the Pompeian baths 
 which could be applied in the same manner, we 
 may safely conclude that the inhabitants of this 
 city were anointed in the tcpidarium; which ser- 
 vice was performed by slaves called mictorcx and 
 alipiae. [Alh'TAE.] For this pui-pose the common 
 people used oil simply or sometimes scented ; but 
 the more wealthy classes indulged in the greatest 
 extravagance with regard to their perfumes and 
 unguents. These they either procured from the 
 chu'otliesiuiii of the baths, or brought with them in 
 small glass bottles (ampullae. oleariai<) ; hundreds of 
 which have been discovered in different excava- 
 tions made in various parts of Italy. [A.mpulla.] 
 The fifth book of Athenaeus contains an ample 
 treatise ui)on the numerous kinds of ointnu-nts 
 used by the Romans ; which subject is also fully 
 treated by Pliny (//. A'', xiii). 
 
 Caligula is mentioned by Suetonius {Cal. 37) as 
 having invented a new luxury in the use of the 
 Ijath, by perfuming the water, whether hot or cold, 
 by an infusion of precious odours, or as Pliny relates 
 the fact {I. c.) \iy anointing the walls with valuable 
 unguents ; a practice, he adds, which was adopted 
 by one of the slaves of Nero, that the luxury should 
 not be confined to royalty (/«■ princijxde vulualur 
 hoc Ijonuiii). 
 
 From this apartment, a door, which closed by its 
 own weight, to prevent the admission of cold air, 
 opened into No. 13, the thennal chamber, or cnu- 
 camerata sudalio of Vitruvius (v. 11); and wliich, 
 in exact conformity with his directions, contains 
 the warm bath — hal/icum, or lavutio (Vitruv. 
 
 I. c), at one of its extremities ; and the semicircular 
 vapour, or Ijticonifum at the other ; whilst the centre 
 space between tlie two ends, termed sudalio by 
 Vitruvius (/. c), and siuhtlorium by Seneca, is ex- 
 actly' twice the length of its width, according to 
 the directions of Vitmvius. The object in leaving 
 so much space between the warm bath and the 
 Laconicum was to give room for the gymnastic ex- 
 ercises of the persons within the chamber, who 
 were accustomed to promote a full flow of perspini- 
 tion by rapid movements of the arms and legs, or 
 by lifting weights ; which practice is alluded to by 
 Juvenal (Sat. vi. 4"20): — 
 
 " Magno gaudet sudare turaultii, 
 Quum lassata gravi cecidemnt l)nicliia niassa." 
 In larger estabhshments the conveniences contained 
 in this apartment occupied two separate cells, one 
 of which was appropriated to the warm bath, which 
 apartment was then tenned caldaniim, cella calda- 
 ria, or Imbieum, and the other which comprised the 
 Laconicum and sudatory — I^Konicum siulalionesi/ue 
 (Vitruv. /. c), which part alone was then desig- 
 nated under the name of mncumcrata stulaiio. This 
 distribution is represented in the painting on the 
 walls of the Thc^rmae of Titus ; in which there is 
 also another peculiarity to be observed, viz., the 
 passage of communication (mfcm//)C(fo) between the 
 two chambers, the flooring of which is suspended 
 over the hypocaust. Lucian infonns us of the use 
 for which this compartment was intended, where 
 he mentions as one of the characteristic conveni- 
 ences in the baths of Hippias, that the bathers need 
 not retrace their steps through the whole suite of 
 apartments by which they had entered, but might 
 retuni from the thennal chamber by a shorter cir- 
 cuit through a room of gentle temperature (Si' r^pe^a 
 
140 
 
 BATHS. 
 
 BATHS. 
 
 dfp/xov olK-nmTos, I. c. 7), which communicated im- 
 mediately with the frigidarium. 
 
 The wam-water bath, which is termed calda 
 lavaiiu by Vitruvius {I. c), balineum by Cicero 
 (^Ad Alt. ii. 3), piscina or calkla piscina by Pliny 
 {E/}. ii. 17^ and Suetonius {Nero, 27), as well 
 as luhmm* (Cic. Ad Pam. xiv. 16), and solium by 
 Cicero {in Pison. 27), appears to have been a capa- 
 cious marble vase, sometimes standing upon the 
 floor, like that in the picture from the Thennae of 
 Titus ; and sometimes either partly elevated above 
 the floor, as it was at Pompeii, or entirely sunk into 
 it, as directed by Vitruvius (v. 10). His words are 
 these: — "The bath (lahrum) should be placed 
 underneath the window, in such a position that the 
 persons who stand around may not cast their sha- 
 dows upon it. The platform which surrounds the 
 bath {scholae labrorum) must be sufficiently spa- 
 cious to admit of the surrounding observers, who 
 are waiting for their turn, to stand there without 
 crowding each other. The width of the passage or 
 channel {idveus), which lies between the parapet 
 (pluteus), and the wall, should not be less than six 
 teet, so that the space occupied by the seat and its 
 step below (pulrinus et graJns inferior) may take 
 ott'just two feet from the whole width." The sub- 
 joined plans given by Marini, will explain his 
 meaning. 
 
 Ir I- 
 
 ^==i r^;^i==rg iiiiiirir L_^ 
 
 A. 
 
 r 
 
 c c 
 
 1 t 
 
 A, labrum, or bath ; B, schola, or platform ; C, 
 pluteus, or parapet ; D, alveus, passage between the 
 
 * Labrum is generally used of a bath containing 
 warm water, and pisci?ia of one which contains 
 cold ; but the real distinction seems that the latter 
 was larger than the former, as in the words of 
 Cicero already quoted {latiorem piscinam voluis- 
 sem. Pliny {Ep. v. 6.) uses the term piscina for a 
 pond, or tank in the open air (which was pro- 
 bably the accurate and genuine sense of the word) ; 
 which, from being exposed to the heat of the 
 sun, possessed a higher temperature than the cold 
 bath, which last he distinguishes in the same 
 sentence by the word puteus, " a well, " which 
 probably was that represented in the draw- 
 
 pluteus and wall ; F, pulvinus, or seat ; and E, the 
 lower step {yradus inferior), which together take 
 up two feet. 
 
 The wann bath at Pompeii is a square basin of 
 marble, and is ascended from the outside by two 
 steps raised from the floor, which answered to the 
 parapet or pluteus of Vitruvius. Around ran a 
 narrow platform (schula) ; but which in consequence 
 of the limited extent of the building, would not ad- 
 mit of a seat {pulrinus) all round it. On the in- 
 terior another step, dividing equally the whole 
 length of the cistern, allowed the bathers to sit 
 down and wash themselves. The annexed section 
 will render this easily intelligible. 
 
 B 
 
 iHW illM i 
 
 A, lahrum ; B, seliola ; C. pluteus ; D, the step 
 on the inside, probably called solium, which word 
 is sometimes apparently used to express the bath 
 itself ; and Cicero {In Pison. 27) certainly makes 
 use of the term to express a vessel for contiiining 
 liquids. But the explanation given above is much 
 more satisfactory, and is also supported by a num- 
 ber of passages in which it is used. It is adopted 
 by Fulv. Ursinus {Append, in Ciaccon. de Tricliu.), 
 who represents the solium, in a drawing copied 
 from Mercuriali {De Art. G-ymn.), as a portable 
 bench, or seat, placed sometimes within and some- 
 times by the sides of the bath. Augustus is repre- 
 sented (Suet. Au(j. 82) as making use of a wooden 
 solium (quod ipse Hispanico verbo duretam yoca- 
 bat) ; in which passage it is evident that a seat 
 was meant, upon which he sat to have warm water 
 poured over him. In the women's baths of the 
 opulent and luxurious capital, the solia were some- 
 times made of silver. (Plin. H. N. xxxiii. 54. ed. 
 Franz.) 
 
 We now turn to the opposite extremity of the 
 chamber which contains the Luconicum or va- 
 pour bath, so called because it was the custom of 
 the Lacedaemonians to strip and anoint themselves 
 without using wann water after the perspiration 
 produced by their athletic exercises (Dion Cass, 
 liii. p. 516) ; to which origin of the term Martial 
 also alludes {Epig. vi. xlii. 16): 
 
 " Ritus si placeant tibi Laconum, 
 Contentus potes arido vapore 
 Cruda Virgine* Martiave mergi." 
 It is termed assa by Cicero {Ad Quint. Frat. iii. 
 I. § 1), from ofc^ to dry ; because it produced per- 
 spiration by means of a dry hot atmosphere ; which 
 Celsus (ui. cap. ult.) consequently terms sudatioues 
 
 ing from the bath at jVIola — (" si natare latius aut 
 tepidius velis, in area piscina est, in proximo puteus, 
 ex quo possis rursus adstringi si poeniteat teporis"). 
 Maecenas is said, by Dion (lib. 55), to have been 
 the first person who made use of a piscina of warm 
 water, called by Dion KoXvfiSifidpa (vpuTSs re 
 KoKv/j-Si^Bpav depfioO vSaros iv ■n6\ft Kare- 
 <rKeva<Te). 
 
 * Aqua Virgo, and Aqua Martia, the names of 
 two streams of water brought to Rome by the 
 aquaeducts. [AauAEDUCTUs.] 
 
BATHS. 
 
 BATHS. 
 
 141 
 
 assas, " dry sweating," which, he afterwards adds 
 (xi. 17) was produced by dry warmth {calore 
 sicca). It was called by the Greeks irvpiaiT-^ptov 
 (Voss. Le.r. Etj/m. s. ?'.) from the fire of the hypo- 
 caust, which was extended under it ; and hence by 
 Alexander Aphrodis. |i)poj' &ok6v, " a dry vaulted 
 chamber." 
 
 Vitravius says that its width should be equal to 
 its height, reckoning from the flooring ^suspen- 
 .</ira) to the bottom of the thole (imam curvaturam 
 /icmisphacrii), over the centre of which an orifice is 
 left, from which a bronze shield (clipeus) was sus- 
 pended. This regidated the temperature of the 
 apartment, being raised or lowered by means of 
 chains to which it was attached. The form of the 
 cell was required to be circular, in order that the 
 warm air from the hypocaust might encircle it with 
 greater facility. (Vitruv. v. 10 ; see also Athen. 
 xi. 104.) In accordance with these niles is the 
 Laconicum at Pompeii, a section of which is given 
 below, the clipeus only being added in order to 
 make the meaning more clear. 
 
 B 
 F 
 
 
 
 
 f — -jf 
 
 
 A, The suspended pavement, snspensura ; B. 
 the junction of the hemisphaerium with the side walls, 
 ima curvatura Jwmisphaerii ; C, the shield, clipeus ; 
 E and F, the chains by which it is raised and 
 lowered ; D, a lahrum, or flat marble vase, like 
 those called tazze by the Italians, into which a 
 supply of water was introduced by a single pipe 
 running through the stem. Its use is not exactly 
 ascertained in this place, nor whether the water it 
 contained was hot or cold. 
 
 It would not be proper to dismiss this account 
 of the Laconicum without alluding to an opinion 
 adopted by some writers, amongst whom are Gali- 
 ano and Cameron, that the Laconicum was merely 
 a small cupola, wth a metal shield over it, rising 
 above the flooring (suspensura) of the chamber, in 
 the manner represented by tifie drawing from the 
 Thermae of Titus, which drawing has, doubtless, 
 given rise to the opinion. But it will be observed 
 that the design in question is little more than a 
 section, and that the artist may have resorted to 
 the expedient in order to show the apparatus be- 
 longing to one end of the chamber, as is frequently 
 done in similar plans, where any part which re- 
 
 quired to be represented upon a larger scale is in- 
 serted in full developement within the general sec- 
 tion ; for in none of the numerous baths whicTi 
 have been discovered in Italy or elsewhere, even 
 where the pavements were in a perfect state, has 
 any such contrivance been observed. Besides which 
 it is manifest that the clipeus could not be raised 
 or lowered in the design alluded to, seeing that the 
 chains for that purpose could not he reached in the 
 situation represented, or, if attained, could not be 
 handled, as they must be red-hot from the heat of 
 the h^-pocaust into which they were inserted. In 
 addition to which, the remains discovered taUy ex- 
 actly with the directions of Vitravius, which this 
 does not. 
 
 After having gone through the regular course of 
 perspiration, the Romans made use of instruments 
 called siri</ilcs (or strif/les, Juv. Sat. iii. 263), to 
 scrape off the perspiration, much in the same way 
 as we are accustomed to scrape the sweat off a 
 horse with a piece of iron hoop, after he has run a 
 heat, or comes in from violent exercise. These in- 
 struments, some specimens of which are represented 
 in the following woodcut, and many of which have 
 
 been discovered amongst the ruins of the various 
 baths of antiquit}', were made of bone, bronze, iron, 
 and silver ; all corresponding in form with the 
 epithet of Martial, ^'■curvo distringere ferro" 
 {Epig. xiv. 51). The poorer classes were obliged 
 to scrape themselves, but the more wealthy took 
 their slaves to the baths for the purpose ; a fact 
 which is elucidated by a curious story related by 
 Spartian. {Hadrian, c. 17.) The emperor, whilst 
 bathing one day, observing an old soldier, whom he 
 had formerly known amongst the legions, robbing 
 his back, as the cattle do, against the marble walls 
 of the chamber, asked him why he converted the 
 wall into a strigil; and learning that he was too 
 poor to keep a slave, he gave him one, and money for 
 his maintenance. On the following day, upon his 
 return to the bath, he found a whole row of old 
 men nibbing themselves in the same manner 
 against the wall in the hope of experiencing the 
 same good fortune from the prince's liberality ; but, 
 instead of taking the hint, he had them all called 
 up, and told them to scrub one another. 
 
 The strigil was by no means a blunt instrument, 
 consequently its edge was softened by the applica- 
 tion of oil, which was dropped upon it from a small 
 vessel called ffuttus,* which had a narrow neck, so 
 
 * It was also called ampulla, K'/jKvBos, ixvpo- 
 6r)Kiov, (\aio(p6pov. (Ruperti, Ad Juv. Sat. iii. 
 262.) [Ampulla.] 
 
14-2 
 
 BATHS. 
 
 BATHS. 
 
 as to discharge its contents drop by drop, from 
 whence the name is taken. A representation of a 
 giittus is given in the preceding woodcut. Augus- 
 tus is related to have suiTered from an over-violent 
 use of this instniment. (Suet. Aiii/. 30.) Invalids 
 and persons of a delicate habit made use of 
 sponges, which Pliny says answered for towels as 
 well as strigils. They were finally dried with 
 towels (liideu)^ and anointed. (Juv. Sat. iii. ■2ti'2 ; 
 Apuleius, Met. lib. ii. ; Plin. H. N. xxxi. 47. ed. 
 Franz.) 
 
 The common people were supplied with these 
 necessaries in the baths, but the more wealthy car- 
 ried their own with them, as we infer from Persius 
 {Sat. V. 126) :— 
 
 " I, puer, et strigiles Crispini ad balnea defer." 
 Lucian {Lcxijih. tom. ii. p. 320. ed. Reiz.) adds 
 also soap and towels to the list. 
 
 After the operation of scraping and rubbing dry, 
 they retired into, or remained in, the tepiihirium 
 until they thought it prudent to encounter the 
 open air. But it does not appear to have been 
 customary to bathe in the water, when there was 
 any, which was not the case at Pompeii, nor in the 
 baths of Hippias (Lucian, I.e.), either of the tepida- 
 rium or friyidariinn ; the temperature only of the 
 atmosphere in these two chambers being of conse- 
 quence to break the sudden change from the ex- 
 treme of hot to cold. 
 
 Returning now back into the frigidarium (8), 
 which, according to the dii-ections of Vitruvius (v. 
 11), has a passage (14) communicating with the 
 mouth of the funiace (e), which is also seen in the 
 next woodcut under the boilers, called ■praefuruium, 
 prfipnijteiim {Vim. Ep.u.\7),TrpoTrvLyelov (from Trprf, 
 before, and irviyeus, a furnace), and passing down 
 that passage, we reach the chamber (15) into which 
 the praefumium projects, and which has also an 
 entrance from the street at B. It was appropri- 
 ated to the use of those who had charge of the 
 fires (fornacatores). There are two staircases in 
 it ; one of which leads to the roof of the baths, 
 and the other to the coppers v/hich contained 
 the water. Of these there were three : one of 
 which contained the hot water — caldarium (sc. 
 vas, or ahenum) ; the second the tepid — tcpida- 
 rium; and the last the cold — -frigidarium. The 
 warm water was introduced into the warm bath by 
 means of a conduit pipe, marked on the plan, 
 and conducted through the wall. Underneath the 
 ealdariiim was placed the furnace (furitus, Hor.Ep. 
 i. 11, 12), which served to heat the water, and 
 give out streams of warm air into the hollow cells 
 of the liyprxmistum (from utto and Kaiw, uro). It 
 passed from the funiace under the first and last 
 of the caldrons by two flues, which are marked 
 upon the plan. These coppers were constructed 
 in the same manner as is represented in the en- 
 graving from the Thermae of Titus ; the one con- 
 taining hot water being placed immediately over 
 the furnace ; and, as the water was drawn out 
 from thence, it was supplied from the next, the 
 tepiilarium, which was already considerably heated 
 from its contiguity to the funiace and the hypo- 
 caust below it, so that it sup])lied the deficiency of 
 the former without materially diminishing its tem- 
 perature ; and the vacuum in this last was again 
 filled up from the farthest removed, which contained 
 the cold water received directly from the square 
 reservoir seen behind them ; a principle which 
 has at length been introduced into the modern 
 
 bathing establishments, where its efficacy, both in 
 saving time and expense, is fully acknowledged. 
 The boilers themselves no longer remain, but the 
 impressions which they have left in the mortar in 
 which they wxre imliedded are clearly visible, and 
 enable us to ascertain their respective positions and 
 dimensions, the first of which, the caldarium, is 
 represented in the annexed cut. 
 
 Behind the coppers there is another corridor (IG), 
 leading into the court or atrium (17) appropri- 
 ated to the servants of the bath, and which ha3 
 also the convenience of an immediate communica- 
 tion with the street by the door at C. 
 
 We now proceed to the adjoining set of baths, 
 which were assigned to the women. The entrance 
 is by the door A, which conducts into a small 
 vestibule (18), and thence into the apodi/teriuiii 
 
 (19) , which, like the one in the men's baths, has a 
 seat {pidvinus et gradus) on either side built up 
 against the wall. This opens upon a cold bath 
 
 (20) , answering to the natatin of the other set, but 
 of nnich smaller dimension, and probably similar to 
 the one denominated by Pliny (/. c.) puteus. Tliere 
 are four steps on the inside to descend into it. 
 Opposite to the door of entrance into the apodyte- 
 rium is another doorway which leads to the iepi- 
 darium (21), which also communicates with the 
 thermal chamber (22), on one side of which is a 
 warm bath in a square recess, and at the further 
 extremity the Lacomcuni with its labrum. The 
 floor of this chamber is suspended, and its walls 
 perforated for flues, like the corresponding one in 
 the men's baths. 
 
 The comparative smallness and inferiority of the 
 fittings-up in this siute of baths has induced some 
 Italian antiquaries to throw a doubt upon the fact 
 of their being assigned to the women ; and amongst 
 these the Abbate lorio {Plan de Pompeii) ingeni- 
 ously suggests that they were an old set of baths, 
 to which 'the larger ones were subsequently added 
 when they became too small for the increasing 
 wealth and population of the city. But the story, 
 alreadj' quoted, of the consul's wife who tunied the 
 men out of their baths at Teanum for her con- 
 venience, seems sufficiently to negative such a sup- 
 position ; and to prove that the inhabitants of 
 ancient Itah', if not more selfish, were certainly 
 less gallant than their successors. In addition to 
 this, Vitruvius expressly enjoins that the baths of 
 the men and women, though separate, should be 
 contiguous to each other, in order that they might 
 be supplied from the same boilers and hypocaust 
 
BATHS. 
 
 BATHS. 
 
 143 
 
 V. 10) ; directions which are here fulfilled to the 
 ■Iter, as a glance at the plan will demonstrate. 
 It does not enter witliin the scope of this article 
 
 I investigate the source from whence, or the man- 
 ri- in wliich, the water was supplied to the baths 
 if Pompeii. But it may be remarked tliat the 
 u!;gestion of Mazois, who wrote just after the ex- 
 avation was commenced, and which has been 
 (ipied from him by the editor of the volumes on 
 ^ompcii published by the Society for the Ditfu- 
 ion of Useful Knowledge, was not confinned by 
 lie excavation ; and those who are interested in the 
 natter may consult the fourth appendix to the 
 I'lan Je Pumpeii, by the Abbate lorio. 
 
 Notwithstanding the ample account which has 
 icen given of the plans and usages respecting baths 
 
 II general, something yet remains to be said about 
 ;iiat particular class denominated Thennae ; of 
 which establishments the baths, in fact, constituted 
 the smallest part. The thennae, properly speaking, 
 were a Roman adapfcition of the Greek gymnasium, 
 or palaestra [Palaestra], as described by Vitru- 
 vius (v. 11) ; both of which contained a system of 
 baths in conjunction with conveniences for athletic 
 ^ames and youthful sports, exedrae in which the 
 rhetoricians declaimed, poets recited, and philoso- 
 jiliers lectured — as well as porticos and vestibules 
 tnr the idle, and libraries for the learned. They 
 were decorated with the finest objects of art, both 
 in painting and sculpture, covered with precious 
 marbles, and adorned with fountains and shaded 
 walks and plantations, like the groves of the Aca- 
 demy. It may be said that they began and ended 
 with the Empire, fur it was not until the time of 
 Augustus that these magnificent structures were 
 commenced. M. Agrippa is the first wlio aftbrded 
 these luxuiies to his countrjnnen, by bequeathing 
 to them the thermae and gardens which he had 
 erected in the Campus Martins. (Dion Cass. liv. torn, 
 i. p. 759 ; Plin. H. JV. xxxvi. di. ed. Franz.) The 
 Pantheon, now existing at Rome, served originally 
 as a vestibule to these baths ; and, as it was con- 
 
 ' sidered too magnificent for the purpose, it is sup- 
 posed that Agrippa added the portico and conse- 
 crated it as a temple, for which use it still serves. 
 - It appears from a passage in Sidonius ApoUinaris 
 'I {Carm. xxiii. 495), that the whole of these build- 
 ' • . ings,together with the adjacent ThermaeNeronianae, 
 't remained entire in the year a. d. 466. Little is 
 i I now left beyond a few fragments of ruins, and the 
 1 1 Pantheon. The example set by Agrippa was fnl- 
 I lowed by Nero, and afterwards by Titus ; the ruins 
 of whose thennae are still visible, covering a vast 
 extent, partly under ground and partly above the 
 Esquiline Hill. Tiiennae were also erected by 
 Trajan, Caracalla, and Diocletian, of the two last of 
 which ample remains still exist ; and even as late 
 as Constantine, besides several which were con- 
 structed by private individuals, P. Victor enumer- 
 ates sixteen, and Panvinus {Urh. Rom. Descript. 
 p. lOfi) has added four more. 
 
 Previously to the erection of these establishments 
 for the use of the population, it was customary for 
 those who sought the favour of the people to give 
 them a day's bathing free of expense. Thus, ac- 
 cording to Dion Cassius (xxxvii. p. 14.3.), Faus- 
 tus, the son of Sulla, furnished warm baths and 
 oil gratis to the people for one day ; and Augustus 
 on one occasion furnished warm baths and bar- 
 bers to the people for the same period free of 
 expense {Id. liv. p. 75.5), and at another time 
 
 for a whole year to the women as well as men. 
 {Id. xlix. p. ()00.) From thence it is fair to 
 infer that the quadrant paid for admission into the 
 bahicae was not exacted at the ihcnnai; which, as 
 being the works of the emperors, would naturally 
 be opened with imperial generosity to all, and with- 
 out any charge, otherwise the whole city would 
 have thronged to the establishment bequeathed to 
 them by Agrippa ; and in confirmation of this 
 opinion it may be remarked that the old establish- 
 ments, which were proliably erected by private 
 enterprise (Compare Plin. H. N. ix. 79), were 
 tenned meriturkte. (Plin. ii. 17.) Most, if not 
 all, of the other regulations previously detailed as 
 relating to the economy of the baths, apply equally 
 to the thermae : but it is to these establishments 
 especially that the dissolute conduct of the emperors, 
 and other luxurious indulgences of the people in 
 general, detailed in the compositions of the satirists 
 and later writers, must be considered to refer. 
 
 Although consideraljle remains of the Roman 
 thermae are still visible, j'et, from the very ruinous 
 state in which they are found, we are far from 
 being able to arrive at the same accurate know- 
 ledge of their component parts, and the usages to 
 which they were applied, as has been done with 
 respect to the bai/wae ; or indeed to discover a satis- 
 factory mode of reconciling their constructive de- 
 tails with the description which Vitravius has left 
 of the baths appertaining to a Greek palaestra, or 
 to the description given by Lucian of the baths of 
 Hippias. All, indeed, is doubt and guess-work ; 
 each of the learned men who have ])retended to 
 give an account of their contents diifering in almost 
 all the essential particulars from one another. And 
 yet the gi'eat similarity in the ground-plan of the 
 three which still remain cannot fail to strike even 
 a superficial observer ; so great, indeed, that it is 
 impossible not to perceive at once that they were all 
 constructed upon a similar plan. Not, however, 
 to dismiss tlie subject without enabling our readers 
 to form something like a general idea of these 
 enormous edifices, which from their extent and 
 magnificence have been likened to pro\-inces — {in 
 modum jmriiiciarum ejcdriKtac, Amm. Marc. x\i. 
 6) — a ground-plan of thb Thennae, of Caracalla 
 is annexed, which are the best preserved amongst 
 those remaining, and which were perhaps more 
 splendid than all the rest. Those apartments, of 
 which the use "is ascertained with the appearance 
 of probability, will be alone marked and explained. 
 The dark parts represent the remains still visible, 
 the open lines are restorations. 
 
 A, Portico fronting the street made by Caracalla 
 when he constructed his thennae. — B, Separate 
 bathing-rooms, either for the use of the common 
 people, or perhaps for any persons who did not 
 wish to bathe in public. — C, Apodyteria attached 
 to them. — D,D, and E, E, the porticos. ( Vitruv.v. 11.) 
 — F, F, Exedi-ae, in which there were seats for the 
 philosophers to hold tlieir conversations. (Vitruv. 
 I. c. ; Cic. De Oral. ii. 5.) — G, Hypaethrae, passages 
 open to the air — Hypaethrae. amJndatumes quas 
 Graeci nepiSpS/xiSas, nostri xystos appellant. ( Vi- 
 truv. /. c.) — H, H, Stadia in the palaestra — quad- 
 rata sive ohlonrja. (Vitruv. I. c.) — I, I, Possibly 
 schools or academies where pidjlic lectures were 
 
 delivered J, J, and K, K, Rooms appropriated to 
 
 the servants of the baths (halncatorcn). In the latter 
 are staircases for ascending to the principal reser- 
 voir. — L, Space occupied by walks and shrubberies 
 
 i 
 
144 
 
 BATHS. 
 
 BATHS. 
 
 — amhuhitiones inter platanones. (Vitruv. c.) — 
 M, The arena or stadium in which the youth per- 
 formed their exercises, with seats for the spectators 
 (Vitruv. I. c),called the tJieatridium. — N, N, Reser- 
 voirs, with upper stories, sectional elevations of 
 which are given in the two subsequent woodcuts. 
 — 0, Aquaeduct which supplied the baths.— P, 
 The cistern or piscina. This external range of 
 buildings occupies one mile in circuit. 
 
 We now come to the arrangement of the interior, 
 for which it is very difficult to assign satisfactory 
 destinations. — Q, represents the principal entrances, 
 of which there were eight. — R, the mitatio, pkcina, 
 or cold-water bath, to which the direct entrance 
 from the portico is by a vestibule on either side 
 marked S, and which is surrounded by a set of 
 chambers which served most probably as rooms for 
 undressing (apodyteria), anointing (^unctuaria),sinA 
 stations for the capsarii. Those nearest to the 
 peristyle were perhaps the conisteria, where the 
 powder was kept which the wrestlers used in order 
 to obtain a firmer grasp upon their adversaries : — 
 
 " Hie cavis hausto spargit me pulvere palmis, 
 Inque vicem fulvae tactu flavescit arenae." 
 
 (Ovid, Met. ix. 35.) 
 (See also Salmas. Ad Tertull. Pall. p. 217, and 
 Mercurialis, De Art. Gymn. i. 8.) The inferior 
 quality of the ornaments which these apartments 
 have had, and the staircases in two of them, atford 
 
 evidence that they were occupied by menials. 
 T, is considered to be the tepidarium, with four 
 warm baths ( u, u, u, u) taken out of its four angles, 
 and two lahra on its two flanks. There are steps 
 for descending into the baths, in one of which 
 traces of the conduit are still manifest. Thus it 
 would appear that the centre part of this apartment 
 served as a tepularium, having a halneum or calda 
 lavatio in four of its comers. The centre part, 
 like that also of the preceding apartment, is sup- 
 ported by eight immense columns. 
 
 The apartments beyond this, which are too much 
 dilapidated to be restored with any degree of cer- 
 tainty, contained of course the laconicum and 
 sudatories, for which the round chamber W, and 
 its appurtenances seem to be adapted, and 
 which are also contiguous to the reservoirs, Z, Z. 
 (Vitruv. V. 11.) 
 
 (, e, probably comprised the ephehia, or places 
 where the youth were taught their exercises, with 
 the appurtenances belonging to them, such as the 
 !:phaeristerium and corycaeum. The first of these 
 takes its name from the game at ball, so much in 
 favour with the Romans, at which Martial's friend 
 was playing when the bell sounded to announce that 
 the water was ready. (Mart. xiv. 16.3.) The latter 
 is derived from KcipvKos, a sack (Hesych. s. <■.), 
 which was filled with bran and olive husks for the 
 young, and sand for the more robust, and then 
 
BATHS. 
 
 siispemltvl at a certain height, and swung liack- 
 wdidti ;iiul forwards by the players. (Aulis, />,> 
 (;i/iim.C,>/M. p. 9 ; Antill. ap. Ori/ias. Coll. Mn/Ji.) 
 
 The cliainbers also on the other side, which are 
 nut marked, probably served for the exercises of 
 the palaestra in bad weather. (Vitruv. v. 11.) 
 
 These baths contained an npper story, of whicli 
 nothing remains beyond what is just sufficient to 
 indicate the fact. They have been mentioned and 
 eulogized by several of the Latin authors. (Spar- 
 tian. Curacidl. c. 9 ; Laraprid. Hi-liiy.fdh, c. 1 7, 
 Akx. S:'ivr. c. 25 ; Eutropius, viii. 1 1 ; (Jlymp. 
 apitd Phot. p. 114. ed. Aug. Vindel. ICOl.) 
 
 It will be observed that there is no part of the 
 bathing department sei)arated from the rest, which 
 could be assigned for the use of - the women ex- 
 clusively. From this it must be inferred either 
 that both sexes always bathed together promiscu- 
 ously in the th lae, or that the woni?n were 
 xcluded altogether from these establishments, and 
 only admitted to the halame. 
 
 It remains to explain the manner in which the 
 immense body of water required for the supply of 
 a set of baths in the thermae was heated, which 
 has been performed very satisfactorily by Piranesi 
 and Cameron, as may be seen by a reference to the 
 two subjoined sections of the castdlam a<iaae.dmtas 
 »nd -piscina belonging to the Thermae of Caracalla. 
 
 BAXA. 
 
 145 
 
 TW 
 
 A, Arches of the aquaeduct which con- 
 veyed the water into the pisciim B, from whence 
 it flowed into the upper range of cells through the 
 aperture at C, and thence again descended into the 
 lower ones by the aperture at D, which were 
 placed immediately over the hypocaust E ; the 
 praefurnion of which is seen in the transverse 
 section, at F in the lower cut. There were 
 thirty-two of these cells arranged in two rows 
 [>ver the hypocaust, sixteen on each side, 
 ind all communicating with each other ; and over 
 these a similar number similarly arranged, which 
 communicated with those below by the aper- 
 ture at D. The parting walls between these 
 Bells were likewise perforated with flues, which 
 served to disseminate the heat all round the whole 
 i)ody of water. When the water was sufficiently 
 warm, it was turned on to the baths through pipes 
 ■onducted likewise through flues in order to pre- 
 
 vent the loss of temperature during the passage, 
 and the vacuum was supplied by tepid water from 
 the range above, which was replenished from the 
 piscina ; exactly upon the principle represented in 
 the drawing from the Thermae of Titus, ingeniously 
 applied upon a much larger scale. [A. R.] 
 
 BATIL'LUS (o/UTj), a shovel. Pliny mentions 
 the use of iron shovels, when heated, in testing 
 silver and verdigris (//. A'^ xxxiii. 44 ; xxxiv. 26). 
 Horace ridicules the vain pomposity of a municipal 
 officer in the small town of Fundi, who had a 
 shovel of red-hot charcoal carried before him in 
 public, for the purpose of burning on it frankincense 
 and other odours (prunac baiiUitm, Sat. i. v. 36). 
 Varro points out the use of the shovel in the 
 poultry-yard {cum Latillo circuinirc, ac stcrciis tol- 
 /erc, De Rc Rust. iii. 6 ). The same instrument 
 was employed, together with the spade, for making 
 roads and for various agricultural operations (oiaai, 
 Xen. Ci/rop. vi. 2; Brunck, Aiuil. ii. p. 53; 
 (rcoponica, ii. 22). " Hamae" are also mentioned 
 as utensils for extinguishing fires. These may 
 liave been wooden shovels, used for throwing water, 
 as we now see them employed in some countries 
 which abound in pools and canals. (Jiw. xiv. 
 305.) [J. Y.] 
 
 BAXA, or BAXEA, a sandal made of vegetable 
 leaves, twigs, or fibres. According to Isidore 
 {Orii/. xix. 33), this kind of sandal was worn on 
 the stage by comic, whilst the cothunius was ap- 
 propriate to tragic actors. When, therefore, one of 
 the characters in Plautus (Men. n. iii. 40) says, 
 Qui ea teri/cntur baxew: I we may suppose him to 
 point to the sandals on his feet. 
 
 Philosophers also wore sandals of this descrip- 
 tion, at least in the time of TertuUian ( D3 Pallio, 
 p. 117. ed. Rigalt.) and Apuleius (Met. ii. and 
 xi.), and probably for the sake of simplicity and 
 cheapness. 
 
 Isidore adds, that baxeae were made of willow 
 (cr salice), and that they were also called calmics ; 
 and he thinks that the latter tenn was derived from 
 the Greek KaKov, wood. It is probable that in 
 Spain they were made of Spanish broom (spartum, 
 Plin. H.N. xix. 7). From numerous specimens of 
 them discovered in the catacombs, we perceive that 
 the Egyptians made them of palm-leaves and 
 papyrus. (Wilkinson, I\Ia?mers and Customs, 
 V. iii. p. 336.) They are sometimes observable on 
 tlie feet of Egj'ptian statues. According to Hero- 
 dotus, sandals of papyms (i5ffo5)7,aaTa fiuSKiva, ii. 
 37 ) were a part of the required and characteristic 
 dress of the Egyptian priests. We may jjrcsume 
 that he intended his words to include not only 
 sandals made, strictly speaking, of papyms, but 
 those also in which the leaves of the date-palm 
 were an ingredient, and of which Apuleius makes 
 distinct mention, when he describes a yoiuig priest 
 covered with a linen sheet and wearing sandals of 
 palm (lintcis amiculis iiitcctam, pedesque palmcis 
 ba.reis indutiim. Met. ii.). The accompanying 
 woodcut shows two sandals exactly answering to 
 this description, from the collection in the British 
 Museum. The upper one was worn on the right 
 foot. It has a loop on the right side for fastening 
 the band which went across the instep. This band, 
 together with the ligature connected with it, which 
 was inserted between the great and the second toe, 
 is made of the stem of the papynis, undivided and 
 unwrought. The lower figure shows a sandal in 
 which the portions of the palm-leaf are interlaced 
 
146 
 
 BENAI'AEIA. 
 
 BENEFICIUM. 
 
 with great neatness and regukrit}% the sewing and 
 binding being effected by fibres of papyrus. The 
 three holes may be observed for the passage of the 
 band and ligature already mentioned. 
 
 It appears that these vegetable sandals were | 
 sometimes ornamented, so as to become expensive 
 and fashionable ; for Tertullian says, Soccus ei baaa 
 quotulie dcaurantur {De Idol. c. 8. p. 89). The 
 making of them in all their variety was the busi- 
 ness of a class of men called haa-earii ; and these, 
 with the snlearii who made other kinds of sandals, 
 constituted a corporation or college at Rome. 
 (Marini, AtU deiiU Fraii Arv. p. 12.) [,J. Y.] 
 
 BEBAm'2En2 AI'KH, an action to compel the 
 vendor to make a good title, was had recourse to 
 when the right or possession of the purchaser was 
 impugned or disturbed by a third person. A 
 claimant under these circumstances, unless the 
 present owner were inclined to fight the battle 
 himself {avTofiaxfiv), was referred to the vendor 
 as the proper defendant in the cause (fij irpariipa 
 avdyeii/y If the vendor were then unwilling to 
 appear, the action in question was the legal remedy 
 against him, and niiglit be resorted to by the pur- 
 chaser even when the eamest only had been paid. 
 (Harpocrat. s. Avro/xaxe^v, Be^aiaxrts.) From the 
 passages in the oration of Demosthenes against 
 Pantaenetus that bear upon the subject, it is 
 concluded by Hcraldus (Atiimad. in Sahn. iv. 3. 
 6) that the liability to be so called upon was in- 
 herent in the character of a vendor, and therefore 
 not the subject of specific warranty or covenants 
 for title. The same critic also concludes, from the 
 glosses of Hesychius and Suidas, that this action 
 might in like manner be brought against a fraudu- 
 lent mortgager. (Animad. in Scdm. iv. 3. in fin.) 
 If the claimant had established his right, and been 
 by the decision of the dicasts put in legal possession 
 of the property, whether movable or otherwise, 
 as appears from the case in the speech against 
 Pantaenetus, the ejected purchaser was entitled 
 to sue for reimbursement from the vendor by 
 the action in question. (Pollux, viii. 6.) The cause 
 is classed by Meier (^Att. Process, 526) among 
 the Si'/cai irp6s nva, or civil actions that fell within 
 the cognisance of the thesmothetae. [J. S. M.] 
 BH'MA. ['EKKAH2I'A.] 
 
 BENAI'AEIA, a Thracian festival in honour of 
 the goddess BeySis, who is said to be identical with 
 the Grecian Artemis (Hesych. Lea: s. BffSis) 
 and with the Roman Diana. The festival was of 
 a bacchanalian character. (Strabo, x. p. 470. d.) 
 From Thrace it was brought to Athens, where it 
 was celebrated in the Peiraeeus, according to the 
 
 Scholiast on Plato {Repub. i. p 354. s. 24. ed. 
 Bekk.) on the nineteenth, or, according to Aris- 
 toteles Rhodius and others, ol vTrofj.VTifiaTt(rTai, 
 refeiTed to by Proclus (Com. on Plain, Tim. lib. i.), 
 on the twentieth of the month Thargelion, before 
 the Panathenaea Minora. (Clinton, F. H. p. 333, 
 334.) Herodotus (iv. 33. ad fin.) says that he 
 knows that the Thracian and Paeonian women, 
 when they sacrifice to the royal Artemis, never 
 ofl'er the victims without a wheat-stalk (aviv 
 ■Kupwv KaKafi-qs). This was probably at the 
 BcfSi'SeiO. The temple of BevSis was called 
 BevSiSeiov. (Xenoph. Hclkn. ii. 4. § 11 ; Liv. 
 xxxviii. 41') [^A A ] 
 
 BENEFI'CIUM ABSTINENDI. [Herbs.] 
 BENEFI'CIUM, BENEFICIA'RIUS. The 
 word beneficium is equivalent to feudum or fief, 
 in the writers on the feudal law, and is an interest 
 in land, or things inseparable from the land, or 
 things immovable. {Feml. lib. 2. tit 1.) The 
 bcneficiarius is he who has a beneficium. The 
 term benefice is also applied to an ecclesiastical pre- 
 ferment. (Ducange, Gloss.) 
 
 The term beneficium is of frequent occurrence in 
 the Roman law, in the sense of some special privi- 
 lege or favour granted to a person in respect of age, 
 sex, or condition. But the word was also used in 
 other senses, and the meaning of the term, as it 
 appears in the feudal law, is clearly derivable from 
 the signification of the term among the Romans of 
 the later republican and earlier imperial times. In 
 the time of Cicero it was usual for a general, or a 
 governor of a province, to report to the treasurj- the 
 names of those under his command who had done 
 good service to the state : those who were included 
 in such report were said iit bericficiis ad aerarium 
 drferri (Cic. Pro. Arch. c. 5 ; Ep. Fam. v. 20). In 
 benrficiis in these passages may mean that the 
 persons so reported were considered as persons who 
 had deserved well of the state, and so the word 
 beneficium may have reference to the services of 
 the individuals ; but as the object for which their 
 services were reported, was the benefit of the in- 
 dividuals, it seems that the term had reference also 
 to the reward, immediate or remote, obtained for 
 their services. The honours and offices of the 
 Roman state, in the republican period, were called 
 the beneficia of the Populus Romanus. 
 
 Beneficium also signified any promotion con- 
 ferred on or grant made to soldiers, who were 
 thence called beneficiarii ; this practice was com- 
 mon, as we see from inscriptions in Gruter (li. 
 4 ; cxxx. 5), in some of which the word bcnefici- 
 arius is represented by the two letters B. F. In this 
 sense we must understand the passage of Caesar 
 {De Bell. Civ. ii. 18) when he speaks of the 
 magna beneficia and the moffriae clienlclae of Pom- 
 pey in Citerior Spain. Bcneficiarius is also used by 
 Caesar (iJc Bell. Civ. i. 75), to express the per- 
 son who had received a beneficium. It does not, 
 however, appear from these passages, what the 
 beneficium actually was. It might be any kind 
 of honour, or special exemption from service. {De 
 Bell. Civ. iii. 88 ; Sueton. Tib. 12.) 
 
 Bcneficiarius is opposed by Festus (s. r.) to 
 munifex, in the sense of one who is released from 
 military service, as opposed to one who is bound to 
 do military service. 
 
 It appears that grants of land, and other things, 
 made by the Roman emperors, were called beneficia. 
 and were entered in a book called Liber Benefiei- 
 
BIBASIS. 
 
 BIBLIOTHECA. 
 
 147 
 
 oritm. [Hyginus, De Limitibiis constil. p. 193,Goes.) 
 The secretary, or clerk, who kept this book, was 
 called a commentariis bcnejiciorum, as appears from 
 an inscription in Gruter (dlxxviii. 1). [G.L.] 
 
 BESTIA'RII (.^Tj^ioftoxoi) were persons who 
 fought with wild beasts in the games of the circus. 
 They were either persons who fought for the sake 
 of pay {auctoramentum, compare Manil. iv. 225), 
 and who were allowed arms, or they were crimi- 
 nals, who were usually permitted to have no means 
 of defence against the wild beasts. (Cic. Pro Sext. 
 64; Sen. De Berwf. ii. 19, Epist. 70; TertuU. 
 Apnl. 9.) The bestiarii, who fought with the 
 beasts for the sake of pay, and of whom there were 
 great numbers in the latter days of the republic 
 and under the empire, are always spoken of as 
 distinct from the gladiators, who fought with one 
 another. (Cic. in Vatin. 17 ; ad Qu. Fr. ii. G. § 5.) 
 It appears that there were schools in Rome, in 
 which persons were trained to fight with wild 
 beasts (sckolae bestiarum or hestiariortim, TertuU. 
 Apol. 35). 
 
 BIAl'nN AI'KH. This action might be brought 
 whenever rapes of free persons, or the illegal and 
 forcible seizure of property of any kind were the 
 subject of accusation ( Harpocrat. ) ; and we learn 
 from Demosthenes (c. Pantacn. 976. 11) that it 
 came under the jurisdiction of the Forty. Accord- 
 ing to Plutarch (Sokin,, 23) the law prescribed 
 that ravishers should pay a fine of 100 drachmae, 
 but other accounts merely state generally that the 
 convict was mulcted in a smn equal to twice that 
 at which the damages were laid (imKT)V tt^v ^\6.§7)v 
 S<piiKnv, Lys. De Caede Eratostli. 33 ; Demosth. 
 c. Mid. 528. 20 ; Harpocrat.) ; and the plaintiff in 
 such case received one half of the fine ; and the 
 state, as a party mediately injured, the other. 
 To reconcile these accounts Meier {Att.Proc. 545) 
 supposes the rape to have been estimated by law 
 at 100 drachmae, and that the plaintiff fixed the 
 damages in reference to other injuries simultaneous 
 ■\vith, or consequent upon, the perpetration of the 
 main offence. With respect to aggressions upon 
 property, the action fiialwv is to be distinguished 
 from i^ovKrjs, in that the former implies the em- 
 plojmient of actual violence, the latter merely such 
 detention of property as amounted to violence in 
 the contemplation of law (Meier, Alt. Proc. 546), 
 as for instance the nonpayment of damages, and 
 the like, to the successful litigant after an award 
 in his favom' by a court of justice. (Demosth. e. 
 Mid. 540, 24.) [J. S. M.] 
 
 BIB'ASIS [PiiSaffis) was a kind of gymnastic 
 dance, much practised among the Spartans, both 
 by men and women. The dance consisted in 
 springing rapidly from the ground, and striking the 
 feet behind ; a feat of which a Spartan woman in 
 Aristophanes (Lysistr. 28) prides herself (71/iUcaS- 
 Zojxai ya Koti irorl TTvyav aWofxai). The number 
 of successful strokes was counted, and the most 
 skilful received prizes. We are told by a verse 
 which has been preserved by Pollux (iv. 102), 
 that a Laconian girl had danced the bibasis a 
 thousand times, which was more than had ever 
 been done before. (MiiUer, Dorians, iv. 6. § 8. 
 p. 351, 352. transl.) The bibasis appears to have 
 been nearly the same as the paBairvyi^^iU, which 
 PoU\ix (ix. 126) explains by irinif to! iroSi tov 
 •yKoviov Traleiv, on the meaning of which see 
 Hesychius s. t\, Schol. i7i Aristoph. Equit. 793; 
 Eustath. in II. p. 861, in Od. p. 1818. 
 
 BIBLIOPO'LA, a bookseller (Martial. Ep. iv. 
 71 ; xiii. 3), fiiSKioiruAris (Pollux, xiii. 33), also 
 called liljrarius (Cic. De Lecig. ii. 20), in Greek 
 also ^iSKtuv KaTTTjKos, or /SiSAiokotttjAos (Lucian). 
 The shop was called apotheca (dTrodriKT)),oT tahertia 
 lihraria (Cic. Phil. ii. 9), or merelj^ lihraria (Aul. 
 Gell. V. 4). The Romans had their Paternoster- 
 row ; for the bibliopolae or librarii lived mostly in 
 one street, called Argiletum, to which Martial 
 alludes {Ep. i. 4) when addressing his book on the 
 prospect of the criticism it would meet with : — 
 
 " Argilefanas mavis habitare tabernas, 
 Quum tibi, parve hber, scrinia nostra vacent." 
 
 Another favourite quarter of the booksellers was 
 the Vicus Sandalarius. (Aul. GeU. xviii. 4 ; Galen. 
 De Lib. Su. iv. p. 361.) There seems also to 
 have been a sort of bookstalls by the temples of 
 Vertumnus and Janus, as we gather from Horace's 
 address to his book of Epistles (Ep. I. xx. 1): — 
 " Vertumnura Janumque, liber, spectare videris." 
 Again, Horace (Sat. 1. iv. 71) prides himself on his 
 books not being to be seen at the common shops 
 and stalls, to be thumbed over by every passer-bv, 
 " Nulla tabema meos habeat, neque pila libellos ; 
 
 Quels manus insudet vulgi, Hermogenisque Ti- 
 gelli." 
 
 Booksellers were not found at Rome only ; 
 though they were, of course, rare in smaller cities. 
 PUny (Ep. ix. 1 1) says he had not supposed that 
 there were any booksellers at Lugdunimi, but finds 
 that there were, and that they even had his works 
 on sale. Martial, in an amusing epigram (iv. 72), 
 tells a person called Quintus, who had asked him 
 by a broad hint to give him a copy of his works, 
 that he could get one at Try^hon's, the booksel- 
 ler's : — 
 
 " Exigis ut donem nostros tibi, Quinte, libellos ; 
 Non habeo, sed habet bibliopola Tryphon." 
 The booksellers not only sold books ; they tran- 
 scribed them also, and employed persons for the 
 purpose. But they did not consider themselves 
 answerable always for the correctness of the copy. 
 (Mart. ii. 8.) Sometimes the author revised it to 
 oblige a friend who might have bought it. (Mart, 
 vii. 11. 16.) 
 
 On the shop-door, or the pillar, as the case might 
 be, there was a list of the titles of books on sale ; 
 allusion is made to this by Martial (i. 118), and 
 by Horace (Art. Poet. 372 ; Sat. 1. iv. 71). 
 
 The remuneration of authors must have been 
 very small, if we are to judge from the allusions of 
 Martial, who says, for example, that a nice copy of 
 his first book of Jlpigrams might be had for five 
 denarii. (Compare i. 67 ; xiii. 3.) Phny the elder, 
 however, when in Spain, was offered as much as 
 four hundred thousand sesterces for his Commentarii 
 Ele.ctorum. (Plin. Epist. Hi. 5.) 
 
 Books then, as now, often found their way into 
 other shops beside book-shops, as waste paper ; and 
 schoolboys had frequently to go, for example, to 
 the fishmonger's to see if he had the book they 
 wanted. (Mart. vi. 60. 7.) Mice, moths, beetles, 
 and so forth, found plenty of food in musty unused 
 books. (See Juv. Sat. iii. 207 ; Mart. iii. 2 ; 
 xiii. 1.) [A. A.] 
 
 BIBLIOTHE'CA ( fiigKioBTiKr}, or dTroe-^K-q 
 0tSK'iuv), primarily, the place where a collection of 
 books was kept ; secondarily, the collection itself. 
 (Festus, s. ri.) Little as the states of antiquity 
 dealt with the instruction of the people, public col- 
 I lections of books appear to have been very ancient. 
 
 l'2 
 
148 
 
 BIBLIOTIIRCA. 
 
 BIDENTAL. 
 
 That of Pisistratus was intended for puUic use ' 
 (Aul. Gell. vi. 17 ; Athen. i. p. 3) ; it was subse- 
 quently removed to Persia by Xerxes. About the 
 same time, Polycrates, tyrant of Samos, is said to 
 liave founded a library'. In the best days of 
 Athens, even private persons had large collections 
 of books ; the most important of which we know 
 anything, belonged to Euclid, Euripides, and Aris- 
 totle. (Athen. i. c. "2.) Strabo says (xiii. 1 ) that 
 Aristotle was the first who, to his knowledge, made 
 a collection of books, and t;inght the Egyptian 
 kings the arrangement of a library. The most im- 
 portant and splendid public library of antiquity 
 was that founded by the Ptolemies at Alexandria, 
 begun under Ptolemy Soter, but increased and re- 
 arranged in an orderly and systematic manner by 
 Ptolemy Philadelphus, who also appointed a fixed 
 librarian and otherwise provided for the usefulness 
 of the institution. The library of the Ptolemies 
 contained, according to Aldus Gellius (vi. 17), 
 700,000 volumes ; according to Josephus, 500,000 ; 
 and according to Seneca {Dc Tranq. A)i. c. 9), 
 400,000. The different reckoning of different 
 authors may be in some measure, perhaps, recon- 
 ciled by supposing that they give the number of 
 books only in a part of the library ; for it consisted 
 of two parts, one in the quarter of the city called 
 Brucheion, the other in the part called Serapeion. 
 Ptolemy Philadelphus bought Aristotle's collection 
 to add to the library, and Ptolemy Euergetes con- 
 tinued to add to the stock. A great part of this 
 splendid library was consumed by fire in the siege 
 of Alexandria by Julius Caesar : some writers say 
 that the whole was burnt ; but the discrepancy 
 in the numbers stated above seems to confinn the 
 opinion tliat the fire did not extend so far. At 
 any rate, the library was soon restored, and 
 continued in a flourishing condition till it was de- 
 stroyed by the Arabs A. D. (540. (See Gibbon, 
 c. 51.) Connected with the greater division of the 
 library, in the quarter of Alexandria called Bru- 
 cheion, w-as a sort of college to which the name of 
 Mouseion (or Museum) was given. Here many 
 favoured literati pursued their studies, transcribed 
 books, and so forth ; lectures also were delivered. 
 [Auditorium.] The Ptolemies were not long 
 without a rival in zeal. Eumenes, king of 
 Pergamus, became a patron of literature and the 
 sciences, and established a library, which, in spite 
 of the prohibition against exporting papynis issued 
 by Ptolemy, jealous of liis success, became very 
 extensive, and perhaps next in importance to the 
 library of Alexandria. It remained, and probably 
 continued to increase, till Antonius made it a pre- 
 sent to Cleopatra. (Plut. Anton.) 
 
 The first public library in Rome was that found- 
 ed by Asinius Pollio (Plin. N. H. vii. 30 ; Isid. 
 Oriy. vL 5. 1 ), and was in the atrium Libertatis 
 [Atrium] on Mount Aventine. (Ovid. Trist. iii. 
 i. 71 ; Martial, xii. 3. 5.) Julius Caesar had pro- 
 jected a grand (ireek and Latin library, and had 
 commissioned Varro to take measures for the 
 establishment of it ; but the scheme was prevented 
 by his death. (Suet. Jul. 44.) The libraiy 
 of Pollio was followed by that of Augustus, in the 
 temple of Apollo on Mount Palatine (Suet. Aui/. 
 19 ; Dion Cass. Ixiii. 1 ), and another, bibliotliecae 
 OctavLanae (so called from Augustus's sister Octa- 
 via), in the theatre of Murcellus. (Plutarch, in 
 JMurciU. ; Ovid. Trist. iiL 1. 60. (;9.) There were 
 also libraries on the capitol (Suet. Dom. 20), in 
 
 the temple of Peace (Aul. Gell. xvi. 8). in the 
 palace of Tiberius (Aul. Gell. xiii. 18), besides the 
 Ulpian library', which was the most famous, found- 
 ed by Trajan (Aul. Gell. xi. 17 ; Dion Cass. Ixviii. 
 16), called Ulpian from his own name, Ulpius. 
 This library was attached by Diocletian, as an 
 ornament, to his thermae. (Vopisc. Prob. 2.) 
 
 Private collections of books were made at Rome 
 soon after the second Punic war. The zeal of 
 Cicero, Atticus, and others in increasing their 
 libraries is well known. (Cic. Ail Aft. i. 7. 10; 
 iv. 5 ; Ad Quint. Fi: iii. 4.) It became, in fact, the 
 fashion to have a room elegantlv fiuTiished as a 
 librarj', and reserved for that pui'pose. (Becker, 
 Gallus, i. IfiO.) However ignorant or unstudious 
 a person might be, it was fashionable to appear 
 learned by having a library, though he might never 
 even read the titles of the books. Seneca {De 
 Tranq. An. 9) condemns the rage for mere book- 
 collecting, and rallies those who were more pleased 
 with the outside than the inside. Lucian wrote 
 a separate piece to expose this common foUj' (irpof 
 awaiS^VTov koI iroWa fiiSKia uvovjxfvov). 
 
 A library generally had an eastern aspect. 
 (Vitruv. vi. 7. /^«.s- cnini matntiniim postulat lu- 
 men : item in hihliotliecis libri non putrescent.) 
 
 In Herculaneum a library fully furnished was 
 discovered. Round the walls it had cases con- 
 taining the books in rolls [Liber] ; these cases 
 were numbered. It was a very small room; 
 so smaU that a person by stretching out his arms 
 could touch both sides of it. The cases were 
 called either armaria (Plin. Ep. ii. 17 ; Vopisc. 
 Tacit. 8), or loeidamenta (Seneca, Dc Tranq. An. 
 9), or furuli (Juv. Sat. iii. 219), or nidi (Mart. i. 
 118. 15; vii. 17. 5). Asinius Pollio had set the 
 fashion in his public library of adoniing the room 
 with the portraits and busts of celebrated men, as 
 well as statues of Minerva and the Muses. This 
 example was soon followed in the private libraries 
 of the rich. (Juv. ii. 7 ; iii. 219; Plin. Ep. iii. 
 7; iv. 28; Cic. Ad Earn. vii. 23; Plin. H.N. 
 XXXV. 2 ; Suet. Tib. 70 ; Mart. ix. Ep. ad Turan.) 
 Martial {Ep. ix. 1) sends to his brother Tunuiius 
 a copy of some verses, which he sent with a bust 
 of himself to Avitus, who wished to have a bust of 
 Martial in his library. So in the library which 
 Iladrian founded at Athens, there were (Pausan. 
 i. 18. § 9) oiK^iUOTO ayaXixaai KeKocrfiTjixiva koI 
 ypacpatr KaraKinai Se es aira ^iS\ia. The 
 charge of the libraries in Rome was given to per- 
 sons called Hbrarii. [LiBRARlu.s.] [A. A.] 
 
 BrKOS, the name of an earthen vessel in com- 
 mon use among the Greeks. (Pollux, vi. 14 ; vii. 
 162; X. 73.) Hesychius {s.r.) defines it as a 
 (TTafiVos with handles. It was used for holding 
 wine (Xen. Anab. i. 9. § 25), and salted meat and 
 fish. (Athen. iii. p. 116. f.) Herodotus (i. 194) 
 speaks of ^ikovs (f/otviKTftovi KaToiyovai olvov 
 5r\6ou5, which some commentators interpret by 
 "■ vessels made of the wood of the palm tree full of 
 wine." But as Eustathius (i/i Oil. p. 1445 ) speaks 
 of oivov <poiviK'ivov ffiKos, WO ought probably to 
 road in Herodotus ^Tkovs 4)on'i(c7)iou, k. t. A., 
 " vessels full of palm wine." 
 
 BIDENS. [Rastrum.] 
 
 BIDENTAL, the name given to a place where 
 any one had been struck by lightning (Juli/uritus, 
 see Festus, s. »•.), or where any one had been 
 killed by lightning and buried. Such a place was 
 considered sacred. Priests, who were called 
 
BIGA. 
 
 BIRRUS. 
 
 149 
 
 bidentales (i. e. sitan-dotes), collected the earth 
 which had been torn up by the Iightnin<;, and 
 t verythina- tliat had been scorched, and burnt it in 
 the ground with a sorrowful munnur. (Lucan, i. 
 (iOG.) The officiating priest was said conderc 
 fulgur (Juv. Sat. vi. 587 ; compare Orelli, Inser. 
 L(d. i. p. 431. No. 2482) ; he further consecrated 
 the spot by sacriticing a two-j'car-old sheep 
 (/e«.s-), whence the name of tlie place and of the 
 priest, and also erected an altar, and surrounded 
 it with a waU or fence. It was not allowable to 
 tread on the place (Porsius, ii. 27), or to touch it, 
 ur even to look at it. (Amniian. Marcell. xxiii. 5.) 
 Sometimes a bidental which had nearly fallen to 
 decay from length of time was restored and reno- 
 vated (Orelli, Lisa: Lat. i. p. 431. No. 2483); 
 hut to remove the bounds of one (iiiovcre bidental), 
 or in any way to violate its sacred precincts, was 
 considered as sacrilege. (Hor. Art. Pod. 471.) 
 From the passage in Horace, it appears to have 
 been believed that a person who wa^ guilty of pro- 
 faning a bidenfcil, would be punished by the gods 
 with frenzy; and Seneca {Nat. Quaest. ii. 53) 
 mentions another belief of a similar kind, that 
 wine which had been stmck by lightning would 
 produce in any one who di'ank it death or mad- 
 ness. Persons who had been struck by lightning 
 {/d(/uriti) were not removed, but were birried 
 on the spot. (Pers. Sat. ii. 27 ; Plin. //. N. 
 xi. 54.) [A. A.] 
 
 UIDIAEI (jSiSiaioi) called in inscriptions 
 jSi'Seoi or fiiSuoi, were magistrates in Sparta, whose 
 business was to inspect the gymnastic exercises. 
 Tlieir house of meeting (^dpx^^op) was in the 
 market-place. (Paus. iii. 11. § 2.) They were 
 cither five (Paus. /. c.) or six in number (Biickh, 
 Corp. Lisaip. nr. 1271. 13()4), and had a presi- 
 dent who is called in inscriptions irpiaSvs fiiSeoiv. 
 (Biickh, Corp. /««7v)>. p. (j'l 1.) Buckh conjectures 
 that 0iSeoi or ^'tSvoi is the Laconian foi-m for 
 iSvoL or fiSvoi, and signifies witnesses and judges 
 among the youth. (Compare Miiller, Dorians, iii. 
 7. § 8. p. 132, 133. transL) 
 
 Valckenaer {ad Herod, vi. 57) sujiposes that 
 the bidiaei were the same as the voixoipvAaKes, and 
 that we ought to read in Pausanius {t. c), koI 
 vofxoipvKaKiiiv KaKovfxivuv fiiSiaiajv, nistcad of Kol 
 vonoipvXdKwv Koi KaXov/xfvwf B'Siaiuv : but the 
 inscriptions given by Biickh show that the bidiaei 
 and voiJ.ocpvKaKes were two sep;u'ate classes of 
 officers. 
 
 BIGA or BIGAE, in Greek (rvvwpia or evvcapls 
 (liijuye curriculum. Suet. Caliy. c. 19), a vehicle 
 drawn by two horses or other animals. This kind 
 of turn-out is said by Pliny {bigas primunt Pliri/- 
 yum junxit natio, vii. 50') to have been invented 
 by the Phrygians. It is one of the most ancient 
 kinds, and in Homer by far the most common 
 (5i'fu7oi iTfTToi, //. V. 11)5 ). Four-horse chariots are 
 also mentioned (Compare //. viii. 185 ; Od. xiii. 
 81 : also Virg. Georg. iii. 18, quadrijugus currus). 
 Pliny (xxxiv. 5) mentions a chariot drawn by six 
 horses. This was the largest number usual under 
 the emperors (Isidor. xviii. 3G) ; but Suetonius 
 speaks of one which Nero drove at the Olympic 
 games, drawn by ten horses {Ncr. c. 2-1). The 
 name biga was applied more to a chariot used in the 
 circus, or in processions or triumphs, and on other 
 public occasions, than to the common vehicles of 
 every day life. (Compare Suet. Tib. c. 2fi ; 
 Domit. c. 4.) The form of the biga resembled 
 
 that of the Greek ap/xa or S'Kppos, being a rather 
 short carriage on two wheels, open aljove and be- 
 hind, upon which the driver usually stood to guide 
 tlie horses. See the cut in the ne.xt article. 
 [BiGATUS.] [A. A.] 
 
 BIGATUS {i. e. tinmmus), a silver denarius, on 
 which the representation of a biga was stamped. 
 (Plin. xxxiii. 3 ; Liv. xxiii. 15 ; xxxvi. 40.) This 
 was an ancient stamp on Roman money. As we 
 learn incidentally from Tacitus, who sa3's ( Germ. 
 c. 5), that the Gennans, although mostly practising 
 barter, still had no objection to old and well known 
 coins {^pecniiiam velercm et <liu notuni), such as 
 bigati. Bigati were also called argentum bigatum 
 (Liv. xxxiii. 23. 27; xxxiv. 4t) ; xxxvi. 21). 
 The value was ditl'erent at ditterent times. [Den.a- 
 Rius.] A denarius, on which the representation of 
 a quadriga was stamped, was in the same manner 
 called Quadrigatus. The annexed cuts, representing 
 a bigatus and quadrigatus, are taken from coins in 
 the British Museum. [A. A.J 
 
 BIPA'LIUM. [Pala.] 
 
 BIPKNNIS. [Securis.] 
 
 BIRE'MIS was used in two significations. I. 
 It signified a ship with two banks of oars, an ex- 
 planation of the construction of which is given in 
 the article Navis. Such ships were called hiKpora 
 by the Greeks, which term is also used by Cicero 
 [Ipse Domitius bona plane liubct dicrota. Ad Att. 
 xvi. 4. § 4) and Hirtius (Capiit ejc eo proelio pe.n- 
 terem main, triremes duas, dicrotas octo. Bell. Alca: 
 c. 47). II. It signified a boat rowed by two oars 
 (Lucan, viii. 562 ; x. 5(i), in which sense it must 
 be used by Horace (Carm. iii. xxix. ()2), when 
 he says — 
 
 " Tunc me, biremis praesidio scaphae, 
 Tutum per Aegeos tuumltus 
 
 Aura feret, geminusque Pollux." 
 (Scheffer, Dc Militia Narali, ii. c. 2. p. 0'8.) 
 
 BIRRUS {hippos, $rjpos), a cape or hood, 
 which was worn out of doors over the shoulders, 
 and was sometimes elevated so as to cover the 
 head. On the fonncr account it is classed by an 
 ancient grammarian with the lacerna, and on the 
 latter with the cowl, or cucullus. (Schol. on Juv. 
 viii. 145, and on Pers. i. 54.) It had a long nap 
 (ampliiballus, i. e. amphimallus, villvsus, Papias, &c. 
 up. Adelmig, Glossar. Mamiale, v. i. p. 220. 693), 
 which was commonly of sheep's wool,more rarely of 
 beaver's wool (birrus custoreus,C\a,uiia.n,Epig. 37). 
 In consequence of its thickness it was also rather 
 stiff {li;irrum rigentem, Sidp. Sev. Dial. 14). Ac- 
 corduig to the materials of which it was made, it 
 might be either dear (Claudian, I. c.; prctiosum, 
 Augustin. Serm.), or so cheap as to be purchased 
 by the common people. 
 
 These garments, as well as lacemae, were woven 
 at Canusium in Apulia ; and probably their name 
 (bi/rrus, i. e. vuppos) was derived from the red 
 colour of the wool for which that district was cele- 
 brated. They were also made in difl"oront parts of 
 Gaul, especially among the Atrcbates. (Vop. Cur. 
 
150 
 
 BOHAPO'MIA. 
 
 BOEOTARCH. 
 
 c. 20.) Soon afterwards they came into general 
 use, so that the birrus is mentioned in the edict of 
 Diocletian, published A. D. 303, for the purpose of 
 fixing a maximum of prices for all the articles 
 which were most commonly used throughout the 
 Roman empire. [J. Y.] 
 
 BISSEXTUM. [Calendar (Roman).] 
 
 BISSEXTUS, or BISSEXTILIS ANNUS. 
 [Calendar (Roman).] 
 
 BAA'BHS AI'KH. This action was available in 
 all cases in which one person had sustained a loss 
 by the conduct of another ; and from the instances 
 that are extant, it seems that whether the injury 
 originated in a fault of omission or commission, or 
 impaired the actual fortune of the plaintiff, or his 
 prospective advantage, the action would lie, and 
 might be maintained, against the defendant. It is 
 of course impossible to enumerate all the particular 
 cases upon which it would arise, but the two great 
 classes into which fiAaSat may be divided are the 
 evBeff/MOi and the a9e(Tixot. The first of these will 
 include all causes arising from the nonfiilfilment of 
 a contract to which a penal bond was annexed, and 
 those in which the law specified the penalty to be 
 paid by the defendant upon conviction ; the second, 
 all injuries of property which the law did not 
 specify nominatim, but generally directed to be 
 punished by a fine equal to twice the estimated 
 damage if the oifence was intentional, if otherwise 
 by a bare compensation. (Meier, Atf. Proc. 188. 
 seq. 475. seq. ; Demosth. c. Mid. 528.) Besides 
 the general word p\d§T]s, others more specific, as 
 to the nature of the case, are frequently added to 
 the names of actions of this kind, as avSpairSSav, 
 TCTpawrfSo)!', fi€TaA\i/c57, and the like. The decla- 
 ration of the plaintiff seems always to have begun 
 with the words "ESAaipe /xe, then came the name 
 of the defendant, and next a description of the in- 
 jury, as ovK ctiroSi5oi)j e/xol to apyvpiov in Demos- 
 thenes (Pro Phorm. 950. 21). The proper court 
 was determined by the subject of litigation ; and 
 when we consider that the damage done by Philo- 
 cleon to the cake-woman's basket ( Aristoph. Vesp. ), 
 and supposititious testimony given in the name 
 of another, thereby rendering such person liable to 
 an action, i^i^v^ofiapTvpiuv (Demosth. c. Apliob. 
 iii. 849. 20), were equally ^KaSai at Attic law, 
 the variety of the actions, and consequently of the 
 jurisdictions under which they fell, will be a suffi- 
 cient excuse for the absence of further specification 
 upon this point. [J. S. M.] 
 
 BOHAPO'MIA {rt and to), a festival celebrated 
 at Athens on the seventh day of the month of Boe- 
 dromion, in honour of ApoUo Boedromius. (MiiUer, 
 Dor. ii. 8. § 5.) The name Boedromius, by which 
 Apollo was called in Boeotia and many other parts 
 of Greece (Paus. ix. 17. § 1 ; Calhmach. Hymn. 
 Apoll. 69), seems to indicate that by this festival 
 he was honoui-ed as a martial god, who either by 
 his actual presence or by his oracles atforded assist- 
 ance in the dangers of war. The origin of the fes- 
 tival is, however, traced by different authors to 
 different events in Grecian story. Plutarch ( Thes. 
 27) says that Theseus, in his war against the Ama- 
 zons, did not give battle till after he had offered a 
 sacrifice to Phobos ; and, that in commemoration of 
 the successful battle which took place in the month 
 of Boedromion, the Athenians, down to his own 
 time, continued to celebrate the festival of the Boe- 
 dromia. According to Suidas, the Et^nnol. Magn. 
 and Euripides (Ion. 59), the festival derived its 
 
 name and origin fi'om the circumstance that when, 
 in the reign of Erechtheus, the Athenians were at- 
 tacked by Eumolpus, Xuthus or (according to 
 Philochorus in Harpocration s. v.) his son Ion 
 came to their assistance, and procured them the 
 victory. Respecting the particulars of this festival 
 nothing is known except that sacrifices were offered 
 to Artemis. [L. S.] 
 
 BOHAPOMin'N. (Calendar (Greek).] 
 
 BOH0HTIKH'. [Medicina.] 
 
 BOEOTARCH (Boieorapxis, or BoioiTapxas). 
 The Boeotians in ancient times occupied Ame in 
 Thessaly. (Thucyd. i. 12.) Sixty years after the 
 taking of Troy they were expelled by the Thessa- 
 lians,and settled in the country then caUed Cadmeis, 
 but afterwards Boeotia. This country, during their 
 occupation of it, was divided into several states ; 
 containing each a principal city, with its tvvTihfls 
 or ^v/ifiopot (inhabitants of the same fioipa, or dis- 
 trict) living around it. Of these greater states, 
 with dependent territories, there seem to have been 
 in fonner times fourteen, — a number which fre- 
 quently occurs in Boeotian legends. (Paus. ix. 3. 
 § 4.) The names are dift'erently given by different 
 writers on the subject ; we know, however, for 
 certain, that they formed a confederacy called the 
 Boeotian league, with Thebes at its head, the de- 
 pendencies of which city formed about a third part 
 of the whole of Boeotia. These dependent towns, 
 or districts, were not immediately connected with 
 the national confederacy, but with the neighbour- 
 ing chief city, as Cynoscephalae was with Thebes. 
 In fact, they were obliged to furnish troops and 
 money, to make up the contingent furnished by the 
 state to which they belonged, to the general confe- 
 deracy. ( Arnold, rZ/wfj/f/. iv.76.) Of the independent 
 states Thucydides (iv. 93) mentions seven byname; 
 and gives us reasons for concluding that, in the time 
 of the Peloponnesian war they were ten or twelve 
 in number, Thebes being the chief. Plataea had 
 withdrawn from them, and placed itself under the 
 protection of Athens as early as B. c. 519 ; and in 
 B. e. 374, Thespiae, another member of the league, 
 was destroyed by the Thebans. (Clinton, Fas. Hell. 
 part ii. p. 396 ; Thucyd. iii. 55.) 
 
 Each of the principal towns of Boeotia seems to 
 have had its ifiixos and Pov\-^. (Xen. Hell. v. 2. 
 § 29 ; Bcickh, Cor. Jiiscr.) The ^ovX-q was pre- 
 sided over by an archon, who probably had suc- 
 ceeded to the priestly functions of the old kings ; 
 but possessed little, if any, executive authority. The 
 polemarchs, who, in treaties and agreements are 
 mentioned next to the archon, had some executive 
 authority, but did not command forces ; e. g. they 
 could imprison (Xen. Hell. I. c), and they di- 
 rected the levies of troops. But besides the 
 archon of each separate state, there was an archon 
 of the confederacy — apxi^v iv koivSi Boioitcoc, most 
 probably always a Theban. (Bockh, Ivscr. 1593.) 
 His name was affixed to all alliances and compacts 
 which concerned the whole confederacy, and he 
 was president of what Thucj'dides (v. 38) calls the 
 four councils, who directed the affairs of the league 
 (airav to Kvpoi exouc')- On important questions 
 they seem to have been united ; for the same 
 author speaks of them as v ^ovKr], and informs us 
 that the detenninations of the Boeotarchs required 
 the ratification of this body before they were valid. 
 We will now explain who these Boeotarchs were. 
 They were properly the military heads of the con- 
 federacy, chosen by the different states ; but we also 
 
BOEOTARCH. 
 
 BONA. 
 
 15J 
 
 find them discharging the functions of an executive 
 in various matters. In fact, they are represented by 
 Thucydides(v.38)asfoniiing an alliance with foreign 
 states ; as receiving ambassadors on their return 
 home ; as negotiating with envoys from other coun- 
 tries ; and acting as the representatives of the whole 
 league, though the fiovA^ refused to sanction the 
 measures they had resolved on in the particular 
 case to which we are now alluding. Another in- 
 stance in which the Bocotarchs appear as executive 
 is their interference with Agesilaus, on his em- 
 barking from Aulis for Asia (b. c. 396), when they 
 prevented him offering sacrifice as he wished. 
 (Plut. A,/es. 6 ; Xen. Hdl. iii. 4. ^4.) Still the 
 principal duty of the Boeotarchs was of a military 
 nature : thus they led into the field the troops of 
 their respective states; and when at home, they 
 took whatever measures were requisite to forward 
 the military operations of the league, or of their own 
 state : for example, we read of one of the Theban 
 Boeotarchs ordering the Thebans to come in arms 
 to the ecclesia for the pui-pose of being ready to 
 attack Plataea. (Pans. ix. 1. § 3.) Each state of 
 the confederacy elected one Boeotarch, the Thebans 
 two (Thucyd. ii. 2; iv. 91 ; vii. 30; Diod. 
 XV. 51); altliough on one occasion, i. e. after the 
 return of the exiles with Pelopidas (b. c. 379), we 
 read of there being three at Thebes. (Plut. Pelnp. 
 13.) The total number from the whole confederacy 
 varied with the number of the independent states. 
 Mention is made of the Boeotarchs by Thucydides 
 (iv. 91), in connection with the battle of Deliuni 
 (b. c. 424). There is, however, a difference of 
 opinion with respect to his meaning : some under- 
 stand him to speak of eleven, some of twelve, and 
 others of thirteen Boeotarchs. Dr. Arnold is dis- 
 posed to adopt the last number ; and we think the 
 context is in favour of the opinion that there were 
 then thirteen Boeotarchs, so that the number of free 
 states was twelve. At the time of the battle of 
 Leuctra (b. c. 371), we find seven Boeotarchs 
 mentioned (Diod. xv. 52, 53; Paus. ix. 13. 
 § 3) ; on another occasion, when Greece was in- 
 vaded by the Gauls (b. c. 279), we read of four. 
 Livy (xlii. 43) states that there were twelve, but 
 before the time (a. c. 171) to which his statement 
 refers, Plataea had been reunited to the league. Still 
 the number mentioned in any case, is no test of the 
 actual number : inasmuch as we are not sure that 
 all the Boeotarchs were sent out by their respective 
 states on every expedition or to every battle. 
 
 The Boeotarchs, when engaged in military ser- 
 vice, formed a council of war, the decisions of which 
 were detennined by a majority of votes, the pre- 
 sident being one of the two Theban Boeotarchs 
 who commanded alternatelj'. (Thucyd. iv. 91 ; 
 Diod. XV. 51.) Their period of service was a year, 
 beginning about the winter solstice ; and whoever 
 continued in office longer than his time, was punish- 
 able with death both at Thebes and in other cities. 
 (Plut. Pclop. 24 ; Paus. ix. 14. § 3.) Epameinondas 
 and Pelopidas did so on their invasion of Laconia 
 (b. c. but their eminent services saved them ; 
 
 in fact the judges did not even come to a vote re- 
 specting the former (oOSe apxr^v irepl avTov 64(j9at 
 Trjv il/Tj^of, Paus. /.c). At the expiration of the year 
 a Boeotarch was eligible to office a second time, and 
 Pelopidas was repeatedly chosen. (Plut. Pclop.) 
 From the case of Epameinondas and Pelopidas, who 
 were brought before Theban judges (SiKoo'Tot), for 
 trangression of the law which limited the time of 
 
 office, we may conclude that each Boeotarch was 
 responsible to his own state alone, and not to the 
 general body of the four councils. 
 
 Mention is made of an election of Boeotarchs by 
 Livy (xxxiii. 27 ; xlii. 44). He further informs 
 us that the league (concilium) was broken up by 
 the Romans B. c. 171. (Compare Pol3'b. xxviii. 2. 
 § 10 — TO BoiuTtuv €01/05 KaTe\v9ri.) Still it must 
 have been partially revived, as we arc told of a 
 second breaking up by the Romans after the de- 
 struction of Corinth B. c. 146. (Paus. vii. Ifi. § (i.) 
 
 [R. W— N.] 
 
 BOMBT'AIOS, a drinking-vessel with a very 
 narrow mouth, whence it is called avaro/ioi or 
 (iTev6crTofios. (Poll. X. 68.) The name is sup- 
 posed to have been formed from the noise which 
 water or any liquid makes in passing through a 
 narrow opening [^on§ouv iv Trcirei, Pollux, vi. 
 98 ; Hesych. s. v.). See Causab. Ad Atlien. p. 456. 
 784. 
 
 BOMBYX. [Serica.] 
 BnMO'2. [Ara.] 
 
 BONA. The word bona is sometimes used to 
 express the whole of a man's property (Paulus, 
 Reccjji. Setitent. v. 6. 16 ; Dig. 37. tit. 1. s. 3; 
 50. tit. 16. s. 49); and in the phrases bonorum 
 emtio, cessio, possessio, ususfructus, the word 
 " bona " is equivalent to property. It expresses 
 all that a man has, whether as owner or merely as 
 possessor ; and every thing to which he has any 
 right. But the word bona is simply the property 
 as an object ; it does not express the nature of the 
 relation between it and the person who has the 
 ownership or the enjoyment of it, any more than 
 the words "all that I have," "all that I am 
 worth," "all ray property," in English show the 
 legal relation of a man to that which he thus de- 
 scribes. It is of some importance to understand 
 the nature of the legal expression in bonis, as op- 
 posed to dominium, or QuirHurian oinicmhip, and 
 the nature of the distinction wilj be easily appre- 
 hended by any person who is slightly conversant 
 with English law. 
 
 "There is," sa}'sGaius(ii. 40), "among foreigners 
 (pcregriiii) only one kind of ownership {doyniniiim), 
 so that a man is either the owner of a thing or he is 
 not. And this was formerly the case among the 
 Roman people ; for a man was either owner ex 
 jure (^uiritium, or he was not. But afterwards the 
 ownership was split, so that now one man may be 
 the owner {dominus) of a thing ex jure Quiritium, 
 and yet another may have it in bonis. For instance, 
 if, in the case of a res mancipi, I do not transfer 
 it to you by mancipatio, nor by the form in jure 
 cessio, but merely deliver it to you, the thing in- 
 deed becomes your thing {in ho?iis), but it will re- 
 main mine ex jure Quiritium, until by possession 
 j'ou have it by usucapion. For when the usuca- 
 pion is once complete, from that time it begins to 
 be yours absolutely (pleno jure), that is, it is yours 
 both in bonis and also yours ex jure Quiritium, just 
 as if it had been mancipated to you, or trans- 
 ferred to you by the in jure cessio." In this 
 passage Gains refers to the three modes of acquiring 
 property which were the peculiar rights or privi- 
 leges of Roman citizens, mancipatio, in jure cessio, 
 and usucapion, which are also particularly enume- 
 rated by him in another passage (ii. 65). 
 
 From this passage it appears that the ownership 
 of certain kinds of things among the Romans, 
 called res mancipi [Mancipium], could only be 
 
15-2 
 
 BONA. 
 
 BONA CADUCA. 
 
 transferred from one person to another with certain 
 fomalities, or acquired by usucapion. But if it 
 was clearly the intention of the owner to transfer 
 the ownership, and the necessary fonns only were 
 wanting, the purchaser had the thing in bonis, and 
 he had the enjojnnent of it, though the original 
 owner was still li'f/ul/t/ the owner, notwithstanding 
 he had parted with the thing. 
 
 It thus appears that Quiritarian ownership of 
 res mancipi originally and properly signified that 
 ownership of a thing which the Roman law re- 
 cognised as such ; it did not express a compound 
 but a simple notion, which was that of absolute 
 ownership. But when it was once established 
 tliat one man might have the Quiritarian owner- 
 ship, and another the enjoj-ment, and the sole 
 right to the enjoyment of the same thing, the com- 
 plete notion of Quiritarian ownership became a 
 notion compounded of the strict legal notion of 
 ownership, and that of the right to enjoy, as united 
 in the same person. And as a man might liave 
 both the Quiritarian ownership and the right to the 
 enjojmient of a thing, so one might have the (Quiri- 
 tarian ownership only, and another might have the 
 enjuyiiu'iit of it only. This hare ownership was 
 sometimes expressed hy the same terms (e.f Jure 
 Quiriiium) as the ownership which was complete, 
 but sometimes it was appropriately called nudum 
 jus Quifitiuiii (Ciaius, iii. 100), and yet the per- 
 son who had such bare right was still called 
 domiuus, and by this term he is contrasted with 
 the usufruduarius and the bonae fidei possessor. 
 
 The historical origm of this notion, of the separa- 
 tion of the ownership from the right to enjoy a 
 thing, is not known ; but it may be easily con- 
 jectured. When nothing was wanting to the trans- 
 fer of ownership but a compliance with the strict 
 legal fonn, we can easily conceive that the Roman 
 jurists would soon get over this difficulty. The 
 strictness of the old legal institutions of Rome was 
 grailually relaxed to meet the wants of the peo- 
 ple, and in the instance already mentioned, the 
 jurisdiction of the praetor supplied the defects of 
 the law. Thus, that interest which a man had ac- 
 quired in a thing, and which only wanted certain 
 fonns to make it Quiritarian ownership, was pro- 
 tected by the praetor. The praetor could not give 
 Quiritarian ownership, but he could protect a man 
 in the enjoyment of a thing — he could maintain 
 his possession : and this is precisely what the 
 praetor did \\ ith respect to those who were posses- 
 sors of ]iul]lic land ; tliey had no ownership, but 
 only a jinssession, in which they were protected 
 by the praetor's interdict. [Agrariae Leges, 
 p. ^G.] 
 
 That which was in bonis, then, was that kind of 
 interest or ownrrsliip which was protected by the 
 praetor, which interest may be called bonitarian or 
 beneficial ownership, as opposed to (Quiritarian or 
 bare legal ownership. It does not appear that the 
 word dominium is ever applied to such bonitarian 
 ownership I'xcept it may be in one passage of 
 Gains (i. 54), the explanation of which is not fi'ee 
 from difficulty. 
 
 That interest called in bonis, which arose from a 
 bare tradition of a res mancijji, was protected by 
 the exceptio,and the actio utilis in rem. (Uig. 41. 
 tit. ]. s. .52.) Posscssio is the general name of the 
 interest which was thus protected. The person 
 who had a thing in bonis and ex justa causa was 
 also entitled to the actio Publiciana, in case he 
 
 lost the possession of the thing before he had 
 gained the ownership by usucapion. { Gains, iv. 36.) 
 
 The phrases bonomm possessio, bononim posses- 
 sor, might then apply to him who has had a res 
 mancipi transferred to him by tradition only ; but 
 the phrase applies also to other cases in which the 
 praetor by the help of fictions gave to persons the 
 beneficial interest to whom he could not give the 
 ownership. When the praetor gave the goods of 
 the debtor to the creditor, the creditor was said in 
 possessionem rerum, or honorum dehitoris mUii 
 (Dig. 42. tit. 5. s. 14, &c.). [Bonorum Emtio ; 
 
 BOXORUM POSSB.SSIO.] 
 
 As to things nec mancipi, the ownership might 
 be transferred by bare tradition or delivery, and 
 such ownership was Quiritarian, inasmuch as the 
 Roman law required no special form to be ob- 
 served in the transfer of the ownership of res nec 
 mancipi. Such transfer was made according to 
 the jus gentium (in the Roman sense of that term). 
 (Gains, ii. 2(i. 41. 20 ; Ulp. Fiv,i. i. 16.) 
 
 On this subject the reader may consult a long 
 essay by Zimmeni,J7('6<";' das Weseu des sofienunnteu 
 himiliirifi-hiit Eiyeidhuins. [RJieiuisch. Mus. fur 
 Jurispr.m.X) [G. L.] 
 
 B(JNA CADU'CA. Cadiicum literally sig- 
 nifies that which falls; thus (jlans etiduea, nc- 
 cording to (jaius (Diij. 50. tit. 16. s. 30), is the 
 mast which falls from a tree. Caducum, in its 
 general sense, might be any thing without an 
 owner, or what the person entitled to neglected to 
 take (Cic. Orat. iii. 31 ; Plid. x. 5) ; but the strict 
 legal sense of caducum and bona caduca, is that 
 stated by Ulpian {Fray, xvii.), which is as fol- 
 lows : — 
 
 If a thing is left by testament to a person who 
 has then a capacity to take it by the jus civile, but 
 from some cause does not take it, that thing is 
 called caducum : for instance, if a legacy was left 
 to an unmarried person, or a Latinus.Iunianus ; and 
 the umnanied person did not within a hundred 
 days obey the law by marrj-ing, or if within the 
 same time the Latinus did not obtain the Jus 
 Quiritium, the legacy was caducum. Or if a heres 
 ex paHe, or a legatee, died after the death of the 
 testator, and before the opening of the will, the 
 thing was cadimim. The thing which failed to 
 come to a person in consequence of something hap- 
 pening in the life of the testator was said to be in 
 causa caduei ; that which failed of taking effect 
 between the death of the testator and the opening 
 of the will, was called simply caducum. 
 
 The law above alluded to is tlie Lex Julia et 
 Papia Poppaea, which is sometimes simply called 
 Julia, or Papia Poppaea. This law, which was 
 passed in the time of Augustus (n. c. 9), had the 
 double object of encouraging marriages and enrich- 
 ing tile treasury — acrariuiii (Tacit. Auv. iii. 25), 
 and contained, with lefi rence to these two objects, 
 a great nundjer of provisions. Martial (v. E]i. 75) 
 alludes to a person who married in order to comply 
 witli the law. 
 
 Tliat which was caducum, came, in the first 
 place, to those among the hercdes who had chil- 
 dren ; and if the heredes had no children, it came 
 among those of the legatees who had children. The 
 law gave the jus accrescendi, that is, the right to 
 the caducum as far as the third degree of consan- 
 guinity, both ascending and descending (Ulp. 
 Fr<i(j. 1!!), to those who were made heredes by the 
 will. Under the provisions of the law, the cadu- 
 
BONA FIDES. 
 
 BONORUM CESSIO. 153 
 
 cum, in case there was no prior claimant, belonged to 
 tlie aerariura ; or, as Ulpian (xxviii. 7) expresses 
 it, if no one was entitled to tlie bnnorum possessio, 
 or if a person was entitled, but did not assert his 
 right, the bona became public property, {jmputu 
 dc/cnmtur), according to the Lex Julia caducaria ; 
 but by a constitution of the Emperor Antoninus 
 C'aracalla it was appropriated to tlie tiscus : the j us 
 accrescendi above mentioned was, however, still re- 
 tained. The hiwj'ers, however {viri jirudentissimi), 
 by various devices, such as substitutions, often suc- 
 ceeded in making tlie law of no effect. 
 
 lie who took the portion of a heres, which be- 
 caini- caducuin, took it by universal succession : in 
 the case of a legacy, the caducum was a singular 
 succession. But he who took an hereditas caduca, 
 took it with the bequests of freedom, of legacies, 
 and fidei comraissa with which it was bui'thened : if 
 tlie legata and Hdei cominissa became caduca, all 
 charges with which they were burthened became 
 caduca also. In the time of Constantine, both the 
 coclcbs, and the nrbus, or childless person (who was 
 under a limited incapacity), obtained the full legal 
 capacity of taking the inheritance. {Cod. viii. 58.) 
 Justinian {Cod. vi. 51) put an end to the caducum, 
 with all its legal consequences. In this last-men- 
 tioned title {be CaducU tollfiidis) it is stated both 
 that the name and the tiling {nomcn et makria 
 mducorum) had their origin in the civil wars, that 
 many provisions of the law were evaded, and many 
 had become obsolete. (Gaius, ii. 207. iii. 1-14. 28(5 ; 
 Lipsius, Excurs. ad Tacit. Ann. iii. 25 ; Marezoll, 
 Ij-hrhuch dcr Institut. dcs Rwn. Rechts.) As to the 
 Dos Caduca, see Dos. [G. L.] 
 
 BONA FIDES. This term frequently occurs 
 in the Latin writers, and particularly in the Ro- 
 man jurists. It can only be dehned with re- 
 ference to things opposed to it, namely, mala fides, 
 and dolus mains, both of which tenns, and especi- 
 ally the latter, are frequently used in a technical 
 sense. [Dolus Malus.] 
 
 Generally speaking, bona fides implies the ab- 
 sence of all fraud and unfair dealing or acting. In 
 this sense, bona fides, that is the absence of all 
 fraud, whetherthe fraud consists in simulation or dis- 
 simulation, is a necessary ingredient in all contracts. 
 
 Bona fide possidere applies to him who has ac- 
 qiured the possession of a thing under a good title, 
 as he supposes. He who possessed a thing bona 
 fide, had a capacity of acquiring the ownership by 
 usucapion, and had the protection of the actio I'ub- 
 liciana. Thus a person who received a thin geither 
 niancipi, or nec mancipi, not from the owner, but 
 from a person whom he believed to be the owner, 
 could acquire the ownership by usucapion. (Gaius, ii. 
 43 ; Ulp. Fni(/. xix. s. 8.) A thing which was 
 furiiria or ri /losxcssa, or the res mancipi of a female 
 who was in the tutela of her agnati, unless it was 
 delivered by her under the auctoritas of her tutor, 
 was not subject to usucapion, and therefore in 
 I these cases the presence or absence of bona fides 
 was immaterial. (Gaius, i. 1!)2 ; ii. 45, &lc. ; Cic. 
 1 Ad Att. i. 5 ; Pro Flacm. c. 34.) A person who 
 [ bought from a pupillus without the auctoritas of 
 I his tutor, or with the auctoritas of a person whom 
 ! he knew not to be the tutor, did not purchase bona 
 i fide ; that is, he was guilty of a legal fraud. A 
 1 sole tutor could not purchase a thing bona fide 
 , from his pupillus ; and if he purchased it from an- 
 1 other to whom a non bona fide sale had been made, 
 I the transaction was null. (Dig. 20. tit. 8.) 
 
 I 
 
 A bojta fide possessor was also protected as to 
 property iicquired for him by another person. 
 (Savigny, iJas lieckt des Besitzes, p. 314, &c.) 
 
 In various actions arising out of mutual deal- 
 ings, such as buying and selling, lending and hiring, 
 partnership, and others, bona fides is equivalent to 
 ae((uum and justum ; and such actions were some- 
 times called bonae fidei actioiies. The formula of 
 the praetor, which was the authority of the judex, 
 empowered him in such cases to inquire and deter- 
 mine ej: bona fide, that is according to the real 
 merits of the case (Gaius, iv. 62 ; Cic. Of. iii. 
 17. ; Topic, c. 17; Brissonius, De Formulis, &.c. 
 lib. v). [G. L.] 
 
 BONA RAPT A. The actio vi honorum rupto- 
 rum was granted by the praetor against those who 
 had by force carried oft' a man's property. The 
 oft'ence was in fact a species of furtum. If the per- 
 son injured brought his action within one year after 
 the time when he was first able to bring his action, 
 he might recover fourfold ; if after the year, he only 
 recovered the value of the goods. If a slave was 
 the ort'ender, the owner of the goods had a uo.ralis 
 avtio against the master. (Gaius, iii. 20!) ; Dig. 47, 
 tit. 8.) [G. L] 
 
 BONA VACAN'TIA was originally the pro- 
 perty which a person left at his death without 
 having disposed of it by wiU, and without leaving 
 any Jmns. Such property was open to occupancy, 
 and so long as the strict laws of inheritance exist- 
 ed, such an event must not have been uncommon. 
 A remedy was, however, found for this by the 
 bonorum possessio of the praetor. 
 
 It does not appear that the state originally 
 claimed the property of a person who died intestate 
 and without heredes leyitimi. The claim of the 
 state to such property seems to have been first 
 established by the Lex Julia et Papia Poppaea. 
 [Bona Caduca.] The state, that is, in the first 
 instance the aerarium, and afterwards the fiscus, 
 did not take such property as heres, but it took it 
 per universitutem. In the later periods of the em- 
 pire, in the case of a soldier dying without heredes, 
 the legion to which he belonged had a claim before 
 the fiscus ; and various coi-porate bodies had a 
 like preference in the case of a member of the cor- 
 poration dying without heredes. (Marezoll, 
 Lvhrhuch. der histit. des Horn. Rechts. ) [G. L.] 
 
 BONO'RUM CESS'IO. There were two kinds 
 of bonoiTjin cessio, in jure and ea tra jus. The in 
 jure cessio is treated under its proper head. 
 
 The bonorum cessio extra jus was introduced by 
 a Julian law, passed either in the time of .Julius 
 Caesar or Augustus, which allowed an insolvent 
 debtor to give up his property to his creditors. 
 The debtor might declare his willingness to give up 
 his property by letter or by a verbal message. 
 The debtor thus avoided the infamia consequent 
 on the bonorum emtio, which was involuntary, 
 and he was free from all personal execu- 
 tion. He was also allowed to retain a small 
 portion of his property for his support. An 
 old gloss describes the bonorum cessio thus: 
 Cedere bonis est ab universitate rerum suaruiit 
 recederc. 
 
 The property thus given up was sold, and the 
 proceeds distributed among the creditors. The 
 purchaser, of course, did not obtain the Quiritarian 
 ownership of the property by the act of purchase. 
 If the debtor subsequently acquired property, this 
 also was liable to the payment of his old debts, 
 
154 BONORUM EMTIO. 
 
 BONORUM POSSESSIO. 
 
 with some limitations, if they were not already 
 fully satisfied. 
 
 The benefit of the lex Julia was extended by 
 the imperial constitutions to the provinces. 
 
 The history of the bonorum cossio does not 
 seem quite clear. The Julian law, however, was 
 not the oldest enactment which relieved the person 
 of the debtor from being taken in execution. The 
 lex Poetelia Papiria (b. c. 327) exempted the per- 
 son of the debtor (nisi Cjui noxam invrtikset), and 
 only made his property (bona) liable for his debts. 
 It does not appear from the passage in Livy (viii. 
 28) whether this was a bonorum cessio in the 
 sense of the bonorum cessio of the Julian law, or 
 only a bonorum emtio with the privilege of free- 
 dom from arrest. The Tablet of Ileraelea (Mazocchi, 
 p. 423) speaks of those (jui in. jure bonam copiain 
 Junibant ; a phrase which appears to be equivalent 
 to the bonorum cessio, and was a declaration on 
 oath i?i jure, that is, before the praetor, by the 
 debtor that" his property was sufficient to pay his 
 debts. But this was still accompanied with in- 
 famia. So far as we can learn from Livy, no such 
 declaration of solvency was required from the 
 debtor by the Poetelia lex. The Julian law ren- 
 dered the process of the cessio bonorum more 
 simple, by making it a procedure extra jus, and 
 giving further privileges to the insolvent. Like 
 several other Julian laws, it appears to have con- 
 solidated and extended the provisions of previous 
 enactments. (Gaius, iii. 28 ; Dig. 42. tit. 3 ; 
 Cod. vii. tit. 71.) [G. L.] 
 
 BONO'RUM COLLA'TIO. By the strict 
 rules of the civil law an emancipated son had no 
 right to the inheritance of his father, whether he 
 died testate or intestate. But, in course of time, 
 the praetor granted to emancipated children the 
 privilege of equal succession with those who re- 
 mained in the power of the father at the time of 
 his death; and this grant might be either contra 
 tuliulas or ub intcstato. But this favour was grant- 
 ed to emancipated children only on condition that 
 they should bring into one common stock with 
 their father's property, and for the purpose of an 
 equal division among all the father's children, what- 
 ever property they had at the time of the father's 
 death, and which would have been acquired for the 
 father in case they had still remained in his power. 
 This was called bonorum coUatio. It resemljles 
 the old English hotchpot, upon the principle of 
 which is framed the provision in the statute 22 and 
 23 Charles II. c. 10. s. 5, as to the distribution of 
 an intestate's estate. (Dig. 36. tit. (i ; Cod. vi. 
 tit. 20.) [G. L.] 
 
 BONO'RUM EM'TIO ET EMTOR. The 
 expression bonorum emtio applies to a sale of 
 the property either of a living or of a dead person. 
 It was in etfect, as to a living debtor, an execution. 
 In the case of a living person, his goods were 
 liable to be sold if he concealed himself for the 
 purpose of defrauding his creditors, and was not de- 
 fended in his absence ; or if he made a bonorum 
 cessio according to the Julian law ; or if he did not 
 pay any sum of money which he was by judicial 
 sentence ordered to pay, within the time fixed by 
 the laws of the Twelve Tables (Aul. Gell. xv. 1 3 ; 
 XX. 1) or by the praetor's edict. In the case of a 
 dead person, his property was sold when it was 
 ascertained that there was neither hcres nor bono- 
 rum possessor, nor any other person entitled to 
 succeed to it. In this case the property belonged 
 
 to the state after the passing of the Lex Julia et 
 Papia Poppaea. If a person died in debt, the pr>-.e- 
 tor ordered a sale of his property on the application 
 of the creditors. (Gaius, ii. 154. 1()7.) In the 
 case of the property of a living person being sold, 
 the praetor, on the application of tlie creditors, order- 
 ed it to be possessed (possideri) by the creditors 
 for thirty successive days, and notice to be given 
 of the sale. The creditors were said in possessimxm 
 rcrum dcbifnris mitti : sometimes a single creditor 
 obtained the possessio. When several creditors 
 obtained the possessio, it was usual to entrust the 
 management of the business to one of those who 
 was chosen by a majority of the creditors. The 
 creditors then met and chose a magister, that is, a 
 person to sell the property (Cic. Ad Att. i. 9; 
 vi. 1 ; Pro Quincto. c. 15), or a curator bonorum 
 if no immediate sale was intended. The purchaser, 
 emtor, obtained by the sale only the bonoram pos- 
 sessio : the property was his in bonis, until he ac- 
 quired the Quiritarian ownership by usucapion. 
 The foundation of this rule seems to be, that the 
 consent of the owner was considered necessary in 
 order to transfer the ownership. Both the bonorum 
 possessores and the emtores had no legal rights 
 (dircdue actiones) against the debtors of the person 
 whose property was possessed or purchased, nor 
 could tliey be legally sued by them ; but the 
 praetor allowed zdiks actiones both in their favour 
 and against them. (Gaius, iii. 77 ; iv. 35. 65. and 
 HI ; Dig. 42. tit. 4. 5.) [G. L.] 
 
 BONij'RUM POSSES'SIO is defined by 
 Ulpian (Dig. 37. tit. 1. s. 3) to be " the right of 
 suing for or retaining a patrimony or thing which 
 belonged to another at the time of his death." The 
 strict laws of the Twelve Tables as to inheritance 
 were gradually relaxed by the praetor's edict, and 
 a new kind of succession was introduced, by which 
 a person might have a bonorum possessio who 
 could have no hereditas or legal inheritance. 
 
 The bonorum possessio was given by the edict 
 both contra iabutas, secundum tabulas, and intestaii. 
 An emancipated son had no legal claim on the 
 inheritance of his father ; but if he was omitted in 
 his father's will, or not expressly exheredated, the 
 praetor's edict gave him the bonorum possessio 
 contra tabulas, on condition that he would bring 
 into hotchpot {bonorum. cullatio) with his brethren 
 who continued in the parent's power, whatever 
 property he had at the time of the parent's death. 
 The bonorum possessio was given both to children 
 of the blood (naiurales) and to adopted children, 
 provided the former were not adopted into any 
 other finnily, and the latter were in the adoptive 
 parent's power at the time of his death. If a 
 freedman made a will without leaving his patron 
 as much as one half of his property, the patron ob- 
 tained the bononmi possessio of one half, unless 
 the freedman appointed a son of his own blood as 
 his successor. 
 
 The bonorum possessio secundum tabulas was 
 that possession which the praetor gave, conform- 
 ably to the words of tlie will, to those named in it 
 as heredes, when there was no person intitled to 
 make a claim against the will, or none who chose 
 to make such a claim. It was also given secundum 
 tabulas in cases where all the requisite legal form- 
 alities had not been observed, provided there were 
 seven proper witnesses to the will. 
 
 In the case of intestacy (ii/leslnti) there were 
 seven degrees of persons who might claim the 
 
BOn"NAI. 
 
 BOTAH'. 
 
 155 
 
 jonorum possessio, each in his order, upon there 
 ji ing no claim of a prior degree. The three first 
 lass were children, Icgitimi heredes and proximi 
 i«liiati. Emancipated children could claim as well 
 1^ those who were not emancipated, and adoptive 
 i> well as children of the blood ; but not children 
 i\ ho had been adopted into another family. If a 
 Vcedinan died intestate, leaving only a wife (in 
 nianu) or an adoptive son, the patron was entitled 
 :o the bonormn possessio of one half of his property. 
 
 The bonorura possessio was given either cum re 
 ir siiie re. It was given cum re, when the person 
 0 whom it was given thereby obtained the pro- 
 vny or inheritance. It was given sitie re, when 
 mother person could assert his claun to the in- 
 heritance by the jus civile : as if a man died in- 
 testate leaving a suits hcres, the grant of the bonorum 
 , possessio would have no effect ; for the heres could 
 maintain his legal right to the inheritance. Or if 
 a person who was named heres in a valid will was 
 satisfied with his title according to the jus civile, 
 and did not choose to ask for the bonorum posses- 
 sio (which he was entitled to if he chose to have 
 it), those who would have been heredes in case of 
 in intestacy might claim the bonorum possessio, 
 which, however, would be unavailing against the 
 legal title of the testamentary heres, and therefore 
 re. 
 
 Parents and children might claim the bonorum 
 possessio within a year from the time of their being 
 able to make the claim ; others were required to 
 make the claim within a hundred days. On the 
 failure of such party to make his claim within the 
 proper time, the right to claim the bonorum pos- 
 sessio devolved on those next in order, through 
 the seven degrees of succession. 
 
 He who received the bonorum possessio was not 
 thereby made heres, but he was placed lieredis loco; 
 for the praetor could not make a heres. The pro- 
 perty of which the possession was thus given was 
 only in bonis, until by usucapion the possession 
 was converted into Quiritarian ownership {domi- 
 nium). All the claims and obligations of the de- 
 ceased person were transferred with the bonorum 
 possessio to the possessor or praetorian heres ; 
 and he was protected in his possession by the in- 
 terdictum quorum bononun. The benefit of this 
 interdict was limited to cases of bononmi possessio, 
 and this w^s the reason why a person who could 
 claim the inheritance in case of intestacy by the 
 civil law sometimes chose to ask for the bonorum 
 possessio also. The praetorian heres could only 
 sue and be sued in respect of the property by a 
 K'gal fiction. He was not able to sustain a direeta 
 actio ; but in order to give him this capacity, he 
 was by a fiction of law supposed to be what he 
 was not, Iieres ; and he was said ficto se herede 
 aijere, or intciiderc. The actions which he could 
 sustain or defend were actiones utiles. (Gains, iii. 
 •-'5—38 ; iv. 34 ; Ulp. Fraff. tit. 28. 29 ; Dig. 
 37. tit. i. s. 19 ; tit. 1 1 ; Dig. 38. tit. 6 ; a good 
 general view of the bonorum possessio is given by 
 Marezoll, Lehrbuchderlnstitutiomndcs Rom. Reclits. 
 § I74.)_ [G. L.] 
 
 BOn'NAI were persons in Athens who purchas- 
 ed oxen for the public sacrifices and feasts. They 
 are spoken of by Demosthenes (c. Meid. p. 570) 
 in conjunction with the Upoiroioi and those who 
 presided over the mysteries, and are ranked by 
 Libanius {Decla.m.ym.) with the sitonae, generals, 
 and ambassadors. Their office is spoken of as 
 
 honourable by Harpocration (s. v.); but Pollux 
 (viii. 114) inclades them among the inferior ofliices, 
 or offices of service (Jnrqpiaiai, Bcickh, Puhl. Econ. 
 of Athens, \-o\. i. p. 289. transl.). 
 
 BOPEA2MOI', or BOPEASMO'S, a festival 
 celebrated by the Athenians in honour of Boreas 
 (Hesych. s. v.), which, as Herodotus (vii. 189) 
 seems to think, was instituted during the Persian 
 war, when the Athenians, being commanded by an 
 oracle to invoke their yafxSpos iniKovpos, praved to 
 Boreas. The fleet of Xerxes was soon afterwards 
 destroyed by a north wind, near Cape Sepias, and 
 the grateful Athenians erected to his honour a 
 temple on the banks of the Ilissus. But consider- 
 ing that Boreas was intimately connected with the 
 early history of Attica, since he is said to have 
 carried off and married Oreithyia, daughter of 
 Erechtheus (Herod. I. c. ; Pans. i. 19. § C), and 
 that he was familiar to them under the name of 
 brother-in-law, we have reason to suppose that even 
 previous to the Persian wars certain honours were 
 paid to him, which were perhaps only revived and 
 increased after the event recorded by Herodotus. 
 The festival, however, does not seem ever to have 
 had any great celebrity ; for Plato (Phaedr. p. 229) 
 represents Phaedrus as unacquainted even with the 
 site of the temple of Boreas. Particulars of this 
 festival are not known, except that it was cele- 
 brated with banquets. 
 
 Pausanias (viii. 36. § 4) mentions a festival cele- 
 brated with annual sacrifices at Megalopolis in 
 honour of Boreas, who was thought to have been 
 their deliverer from the Lacedaemonians. (Compare 
 Aelian, Var. Hist. xii. til.) 
 
 AeUan (I. c.) says that the Thurians also offered 
 an annual sacrifice to Boreas, because he had de- 
 stroyed the fleet with which Dionysius of Syra- 
 cuse attacked them ; and adds the curious remark, 
 that a decree was made which bestowed upon him 
 the right of citizenship, and assigned to him a 
 house and a piece of land. This, however, is per- 
 haps merely another way of expressing the fact, 
 that the Thurians adopted the worship of Boreas, 
 and dedicated to him a temple, with a piece of 
 land. [L. S.] 
 
 BOTANOMANTEI'A. [Divinatio.] 
 
 BOT'ULUS (oAAoy, (pva-KT]), a sausage, was a 
 very favourite food among the Greeks and Romans. 
 The tomaculum was also a species of sausage ; but 
 not the same as the botulus, for Petronius (49) 
 speaks of tomacula cum hotulis. The sausages of 
 the ancients, like our own, were usually made of 
 pork (Juv. Sat. x. 355), and were cooked on a 
 gridiron or frying-pan, and eaten warm (fueruni ci 
 tomacula supra craiiiidam argenteam ferventia, 
 Petr. 31). They were sold in the streets and in 
 the baths, and the botularius was accustomed to 
 cry out his sausage for sale. (Martial, i. xlii. 9 ; 
 Sen. Ep. 56. ) 
 
 Sausages were als made with the blood of ani- 
 mals like our black puddings (Aristoph. Eiiuit. 
 208; Tertull. Apol. 9); and Tertullian (I. c.) in- 
 forms us, that among the trials to which the hea- 
 thens exposed Christians, one was to offer them 
 such sausages ihotulos cruore distc7itos), well know- 
 ing that the act, by which they thus tempted them 
 to transgress, was forbidden by the Christian laws. 
 (Becker, Gallus, vol. i. p. 244.) 
 
 BOT'AI. ['ArE'AH.J 
 
 BOTAH' (t) twv irevTaKoa'iotiu). In the heroic 
 ages, represented to us by Homer, the /SouA?} is 
 
156 
 
 BOTAH'. 
 
 BOTAH'. 
 
 simply an aristocratical council of the elders amongst 
 the nobles, sitting under their king as president, 
 who, however, did not possess any greater autho- 
 rity than the other members, except what that 
 position gave him. The nobles, thus assembled, 
 decided on public business and judicial matters, 
 frequently in connection with, but apparently not 
 subject to, nor of necessity controlled b}', an dyopd, 
 or meeting of the freemen of the state. (//. ii. 53. 
 143 ; xviii. .503 ; Orf.ii. 239.) This fonn of govern- 
 ment, though it existed for some time in the Ionian, 
 Aeolian, and Achaean states, was at last wholly abo- 
 lislied. Amongst the Dorians, however, especially 
 with the Spartans, this was not the case ; for it is 
 well kno^vll that they retained the kingly power of 
 the Hcracleidae, in conjunction ^vith the yepoviria 
 [FEPOTSI'A], or assembly of elders, of which the 
 kings were members. At Athens, on the contraiy, 
 the fiov\7i was a representative, and in most re- 
 spects a popular body (i-qnoriKov) ; the origin, na- 
 ture, and duties of which we proceed to describe. 
 
 Its first institution is generally attributed to 
 Solon. There are, however, strong reasons for sup- 
 posing that, as in the case of the areiopagus, he 
 merely modified the constitution of a body which 
 he found already existing. In the first place it is 
 improbable, and in fact almost inconsistent with 
 the existence of any guvennnent, except an abso- 
 lute monarchy, to suppose tliat there was no 
 such council. Besides this, Herodotus (v. 71) 
 tells us that in the time of Cylon (b. c. G20), 
 Athens was under the direction of the presidents 
 of the Naucraries (vavKpapiai), the number of 
 which was forty-eight, twelve out of each of the 
 four tribes. Moreover, we read of the case of the 
 Alcmaeonidae being referred to an aristocratical 
 tribunal of 300 persons, and that Isagoras, the 
 leader of the aristocratic party at Athens, endea- 
 voured to suppress the council, or /SouArf, which 
 Cleisthcnes had raised to G'OO in number, and to 
 vest the goveniment in the hands of 300 of 
 his own party. (Herod, v. 72; Plut. So/. 12.) 
 This, as Mr.'Thirlwall {Hist, of Greece, ii. 41) 
 remarks, can hardly have been a chance coinci- 
 dence : and he also suggests that there may have 
 been two councils, one a smaller body, like the 
 Spartan y^povaia, and the other a general assembly 
 of the eupatrids ; thus corresponding, one to the 
 senatus, the other to the comitia curiata, or assem- 
 bly^ of the burghers at Rome. But be this as it 
 may, it is admitted that Solon made the number of 
 his ;8ou\^ 400, taking the members from the three 
 first classes, 1 00 from each of the four tribes. On 
 the tribes being remodelled by Cleisthenes (b. c. 
 510), and raised to ten in number, the council also 
 was increased to 500, fifty being taken from each 
 of the ten tribes. It is doubtful whether the 
 ^ovAevrai, or councillors, were at first appointed 
 by lot, as they were afterwards ; but as it is stated 
 to have been Solon's wish to make the ^ovKri a 
 restraint upon the people, and as he is, moreover, said 
 to have chosen (eiriAe|ajU6Coj, Plut. Sol. 19) 100 
 members from each of the tribes, it seems reason- 
 able to suppose that they were elected, more 
 especially when there is no evidence to the contrar\'. 
 (Thirl. Hist, of Gr. ii. p. 42.) It is at any rate 
 certain that an election, where the eupatrids might 
 have used influence, would have been more favour- 
 able to Solon's views, than an appointment by lot. 
 But whatever was the practice originally, it is well 
 known that the appointment was in after times 
 
 made by lot, as is indicated by the title (pi otto 
 TOW Kvafiov ^ovAevrai), suggested by the use of 
 beans in drawing the lots. (Thuc. viii. 69.) The in- 
 dividuals thus appointed were required to submit 
 to a scrutinj', or SoKip.aa'ia, in which they gave 
 evidence of being genuine citizens (yvrjcrioi 
 aix<potv), of never having lost their civic rights by 
 drifxia, and also of being under 30 years of age. 
 [A0KIMA2I'A.] They remained in office for 
 a 3 ear, receiving a drjichma (jUio-flbs fiovXevriKos) 
 for each day on which they sat (Bcickh, i. 310. 
 transl.): and independent of the general account, 
 or ivSvvaL, which the whole body had to give at 
 the end of the year, any single member was liable 
 to expulsion for misconduct, by his colleagues. 
 (Hai-pocr. s. ^EK<l>v\Ko<l>op'ia ; Aesch. c. Ctes. p. 56. 
 ed. Bekk.) 
 
 This senate of 500 was divided into ten sections 
 of fifty each, the members of which were called 
 prytiines (TrpvTai'e7s), and were all of the same 
 tribe ; they acted as presidents both of the comicil 
 and the assemblies during 35 or 36 days, as the 
 case might be, so as to complete the lunar year of 
 354 days (12x29j). Each tribe exercised these 
 functions in turn, and the period of office was called 
 a prytany {irpvTaveia). The turn of each tribe 
 was detennined bj' lot, and the four supernumerary 
 days were given to the tribes which came last iu 
 order. (Clinton, F. H. vol. ii. p. 346.) Moreover, 
 to obviate the difficulty of having too many in 
 office at once, every fifty was subdi\4ded into five 
 bodies of ten each ; its prytiiny also being por- 
 tioned out into five periods of seven days each ; so 
 that only ten senators presided for a week over the 
 rest, and were thence called irpo^Spoi. Again, out 
 of these proedri an eTTKTTaTrjs was chosen for every 
 day in the week to preside as a chainnan in the 
 senate, and the assembly of the people ; during his 
 day of office he kei)t the public records and seal. 
 (Suid. and Harpocr.) 
 
 The prytanes had the right of convening the 
 council and the assembly (kKKKria'ia). The duty 
 of the proedri and their president was to propose 
 subjects for discussion, and to take the votes both 
 of the councillors and the people ; for neglect of 
 their duty they were liable to a fine. ( Demosth. 
 c.Tviiocr. 703 — 707.) Moreover, whenever a 
 meeting, either of the council or the assembly, 
 was convened, the chainnan of the proedri selected 
 by lot nine others, one from each of the non-presid- 
 ing tribes : these also were called proedri and pos- 
 sessed a chairman of their own, likewise appointed 
 by lot from among themselves. On their functions, 
 and the probable object of their appointment, some 
 remarks are made in the latter part of this ai'ticle. 
 
 We now proceed to speak of the duties of the 
 senate as a body. It is observed under Areio- 
 pagus that the chief object of Solon in forming the 
 senate and the areiopagus was to control the de- 
 mocratical powers of the state ; for this purpose 
 Solon ordained that the senate should discuss and 
 vote upon all matters before they were submitted 
 to the assembly, so that nothing could be laid he- 
 fore the people on which the senate had not come 
 to a pre\aous decision. This decision, or bill, was 
 called ■Kpo§ov\€v/xa, and if the assembly had been 
 obliged either to acquiysce in any such proposition, 
 or to gain the consent of the senate to their modi- 
 fication of it, the assembly and the senate would then 
 have been almost equal powers in the state, and near- 
 ly related to each other, as our two houses of parlia- 
 
BOTAH'. 
 
 BOTAH'. 
 
 157 
 
 iifiit. But besides the option of adopting or re- 
 cctiiig a TTpoSovAevfia, or tl^rjiptd/xa as it was some- 
 times called, the people possessed and exercised the 
 aower of coming to a decision conipleteh' different 
 i'roni the will of the senate, as expressed in the 
 ' TpoSovKev/j.a. Thus in matters relating to peace 
 :ind war, and confederacies, it was the duty of the 
 senators to watch over the interests of the state, and 
 they could initiate whatever measures, and come 
 to whatever resolutions the\- might think neces- 
 ^iiry ; but on a discussion before the people it was 
 ciimpetcnt for any indiridual to move a different 
 or even contrary proposition. To take an example : 
 — In the Euboean war (b. c. 3.50), in which the 
 Thebans were opposed to the Athenians, the senate 
 voted that all the cavalry in the city should be 
 ^I'lit out to assist the forces then besieged at 
 Tam3'nae ; a vpoSovkevixa to this effect was pro- 
 posed to the people, but the}- decided that the 
 cavalry were not wanted, and the expedition was 
 not undertaken. Other instances of this kind 
 occur in Xenophon. [TL-llcn. i. /.§.'); 1 S -■) 
 
 In addition to tlie bills which it was the duty of 
 the senate to propose of their own accord, there were 
 others of a different character, viz., such as any 
 private individual might wish to have submitted to 
 tlie people. To accomplish this it was first neces- 
 sary for the party to obtain, by petition, the priW- 
 lege of access to the senate (TrprfcroSoc 7pai|(a- 
 cflai), and leave to propose his motion ; and if 
 the measure met with their approbation, he 
 could then submit it to the assembly. (Demosth. 
 c. Tamer. 715.) Proposals of this kind, which 
 had the sanction of the senate, were also 
 called 7rpo§ouAeU|UOTo, and frequently related to 
 the conferring of some particular honour or privi- 
 lege upon an individual. Thus the proposal of 
 Ctesiphon for crowning Demosthenes is so styled, 
 as also that of Aristocrates for conferring extraordi- 
 nary prinleges on Charidemus, an Athenian com- 
 mander in Thrace. Any measure of this sort, 
 which was thus approved of by the senate, was 
 then submitted to the people, and by them simply 
 adopted or rejected ; and " it is in these and simi- 
 lar cases, that the statement of the grammarians is 
 tnie, that no law or measure could be presented for 
 ratification by the people without the previous ap- 
 probation of the senate, by which it assumed the 
 form of a decree passed by that body." (Schomann, 
 De Com. 103. transl.) 
 
 In the assembly the bUI of the senate was first 
 read, perhaps by the crier, after the introductoiy 
 ceremonies were over ; and then the proedri pnt 
 the question to the people, whether they approved 
 of it, or wished to give the subject further delibera- 
 tion. ( Aristoph. 7'//c.s-.290.) The people declared their 
 will by a sh ow of hands (trpox^'poTOvta). Some- 
 times, however, the bill was not proposed and ex- 
 plained by one of the proedri, but by a private in- 
 dividual — either the original applicant for leave to 
 bring forward the measure, or a senator distin- 
 guished for oratorical power. Examples of this 
 are given by Schomann (De Com. p. 106. transl.) 
 If the vpogmMvua of the senate were rejected by 
 the people, it was of course null and void. If it 
 happened that it was neither confinned nor reject- 
 ed, it was eTreTeiof, that is, only remained in force 
 diu-ing the year the senate was in office. (Demosth. 
 c. Aris. 651.) If it was confirmed it became a 
 ^<pi(Tna, or decree of the people, binding upon all 
 classes. The form for drawing up such decrees 
 
 varied in different ages. Before the archonship of 
 Eucleides (b. c. 403), they were generally headed 
 by the formula — 'ESo^e fiovK^ Ka\ Tif hTfiixu: 
 then the tribe was mentioned in whose prytany 
 the decree was passed ; then the names of tlie 
 ■ypafifj.aT€us or scribe, and chairman ; and lastly that 
 of the author of the resolution. Examples of this 
 form occur in Andocides (I)c Mi/st. p. 13): thus — 
 'ESoJc fiiivKrj Kol Tw 577/j(i,, 'Aioi/Tij iirpvTav^ve, 
 KAtoye'fTjj eypctiuudreue, Bot)9os tTrecTTaTfi, raSe 
 Ar)iJ.6(pavos (Tvveypa\l/ev. (Compare Thuc. iv. 1 1 8.) 
 From the archonship of Eucleides till about B. c. 
 325, the decrees commence with the name of the 
 archon ; then come the day of the month, the tribe 
 in office, and lastly the name of the proposer. The 
 motive for passing the decree is next stated ; and 
 then follows the decree itself, prefaced with the 
 fonnula SeSoxCo' /SouAt) Kal ti^ Sriixef. The 
 reader is referred to Demosthenes, De Corona, for 
 examples. After B. c. 325, another form was used, 
 which continued unaltered till the latest times. 
 ( Schcimann, p. 136. transl.) We will here briefly 
 state the difference between the vo/j-oi and 
 'pTjtpia'fiaTa : it is as follows : — The former were 
 constitutional laws ; the latter, decrees of the people 
 on particular occasions. (Thucyd. iii. 36. ed 
 Arnold. ) 
 
 Mention has just been made of the ypafiiJ.aT€vs, 
 whose name was affixed to the ^ricpiiTfiaTa, as in 
 the example given above : it may be as well 
 to explain that this functionary was a clerk 
 chosen by lot by the senate, in every pry- 
 tany, for the puipose of keeping the records, and 
 resolutions passed during that period ; he was 
 called the clerk according to the prytany (d Kurd 
 vpvTave'iav), and the name of the clerk of the first 
 prytany was sometimes used to designate the year. 
 (Pollux, viii. 98 ; Blickh. vol. i. p. 250. transl.) 
 
 With respect to the power of the senate, it must 
 be clearly understood that, except in cases of small 
 importance, they had only the right of originating, 
 not of finally deciding on public questions. Since, 
 however, the senators were convened by the pry- 
 tanes every day, except on festivals or d(p€Tol 
 rinipaL (PoUux viii. 95), it is obvious that they 
 woidd be fit recipients of any intelligence affect- 
 ing the interests of the state, and it is admitted 
 that they had the right of proposing any measure 
 to meet the emergency ; for example, we find that 
 Demosthenes gives them an account of the conduct 
 of Aeschines and himself, when sent out as ambas- 
 sadors to Pliilip, in consequence of which they pro- 
 pose a bill to the people. Again, when Philip seized 
 on Elateia (b. c. 338), the senate was immedi- 
 ately called together by the prytanes to determine 
 what was best to be done. (Demosth. De Ful. Leg. 
 346; De Cor. 284.) But, besides possessing the 
 initiatory power of which we have spoken, the 
 senate was sometimes delegated by the people to 
 deteimine absolutely about particular matters, 
 without reference to the assembly. Thus we are 
 told (Demosth. De Fed. Ij!g. 389) that the peo- 
 ple gave the senate power to decide about sending 
 ambassadors to Philip ; and Andocides (Ilepl 
 Mv(jTr\p'uav) informs us that the senate was invested 
 with absolute authority (Jiv yap auToKpaTwp), to 
 investigate the outrages committed upon the statues 
 of Hermes, previously to the sailing of the Sicilian 
 expedition. 
 
 Sometimes also the senate was empowered to 
 act in conjunction with the nomothetae {<rvvvo- 
 
158 
 
 BOTAH'. 
 
 BOTAH'. 
 
 /xoOfTfiv), as on the revision of the laws after 
 the expulsion of the Thirty by Thrasybulus and 
 his party, B. c. 403. (Andoc. Uepi Mu(r. p. 12; 
 Demosth. c Timocr. p. 708.) Moreover, it was the 
 province of the senate to receive ilffayy^Xiai, or 
 informations of extraordinary crimes committed 
 against the state, and for which there was no spe- 
 cial law provided. The senate in such cases either 
 decided themselves, or referred the case to one of 
 the courts of the heliaea, especially if they thought 
 it required a higher penalty than it was competent 
 for them to impose, viz., 500 drachmae. It was 
 also their duty to decide on the qualification of 
 magistrates, and the character of members of their 
 own body. [AOKIMASI'A.] But besides the 
 duties we have enumerated, the senate discharged 
 important functions in cases of finance. All legis- 
 lative authority, indeed, in such matters rested 
 with the people, the amount of expenditure and 
 the sources of revenue being detennined by the 
 decrees which they passed ; but the administra- 
 tion was entrusted to the senate, as the executive 
 power of the state, and responsible {vmvQvvos) to 
 the people. Thus Xenophon (iJc Rep. Aih. iii. 2) 
 tells us that the senate was occupied with provid- 
 ing money, with receiving the tribute, and with 
 the management of naval affairs and the temples ; 
 and Lj'sias (c Nicom. 185) makes the following 
 remark : — " When the senate has suflicient money 
 for the administration of affairs, it does nothing 
 wrong ; but when it is in want of funds, it receives 
 informations, and confiscates the property of the 
 citizens." The letting of the duties (riXCuvai) was 
 also under its superintendence, and those who 
 were in possession of any sacred or public moneys 
 (^Upa Kol ocTia) were bound to pay them into 
 the senate-house ; and in default of payment, 
 the senate had the power of enforcing it, in con- 
 formity with the laws for the farming of the 
 duties {ol T^XiaviKoL v6fioi). The accounts of the 
 moneys that had been received, and of those still 
 remaining due, were delivered to the senate by 
 the apodectae, or public treasurers. [Apodec- 
 TAE.] " The senate arranged also the application 
 of the public money, even in trifling matters, such 
 as the salary of the poets ; the superintendence of 
 the cavalry maintained by the state, and the ex- 
 amination of the infirm [dSvvarot) supported by 
 the state, arc particularly mentioned among its 
 duties ; the public debts were also paid under its 
 direction. From this enumeration we are justified in 
 inferring that all questions of finance were confided 
 to its supreme regulation." CBockh. vol. i. p. 208. 
 transl.) Another very important duty of the 
 senators was to take care that a certain number of 
 triremes was built every year, for which purpose 
 they were supplied with money by the state ; in 
 default of so doing, they were not allowed to claim 
 the honour of wearing a crown, or chaplet ((rT€<J)a- 
 yos), at the expiration of their year of office. {Arg. 
 Orat. c. Amirof.) 
 
 It has been already stated that there were two 
 classes or sets of proedri in the senate, one of 
 which, amounting to ten in number, belonged to 
 the presiding tribe ; the other consisted of nine, 
 chosen by lot by the chairman of the presiding 
 proedri from the nine non-presiding tribes, one 
 fi-om each, as often as either the senate or the peo- 
 ple were convened. It must be remembered that 
 they were not elected as the other proedri, for 
 seven days, but only for as many hours as the 
 
 session of the senate, or meeting of the people, 
 lasted. Now it has been a question what were 
 the respective duties of these two classes : but we 
 have no hesitation in stating our conviction that it 
 was the proedri of the presiding tribe who proposed 
 to the people in assemljly, the subjects for discus- 
 sion ; recited, or caused to be recited, the previous 
 bill (TrpoSovKev/ia) of the senate ; officiated as pre- 
 sidents in conjunction with their cTricrTaTrjs, or 
 chai rraan, and discharged, in fact, all the functions 
 implied by the words xpii^o^'riff f Tcpos rbv Syj/xov. 
 For ample arguments in support of this opinion the 
 reader is referred to Schiimann. (De Com. p. 83. 
 transl.) It does indeed appear from decrees fur- 
 nished by inscriptions, and other authorities, that 
 in later times the proedri of the nine tribes exer- 
 cised some of those functions which the orations 
 of Demosthenes, and his contemporaries, justify us 
 in assigning to the proedri of the presiding tribe. 
 It must, however, be remarked that all such de- 
 crees were passed after B. c. 308, when there were 
 twelve tribes ; and that we cannot, from the practice 
 of those days, arrive at any conclusions relative to 
 the customs of former ages. 
 
 If it is asked what, then, were the duties of these 
 proedri in earlier times, the answer must be in a 
 great measure conjectural ; but the opinion of 
 Schdmann on this point seems very plausible. He 
 observes that the prytanes had extensive and im- 
 portant duties entmsted to them ; that they were 
 all of one tribe, and therefore closely connected; 
 that they officiated for 35 days as presidents of the 
 representatives of the other tribes ; and that they 
 had ample opportunities of combining for the bene- 
 fit of their own tribe at the expense of the commu- 
 nity. To prevent this, and watch their conduct 
 'ivhenever any business was brought before the 
 senate and assembly ,''may have been the reason for 
 appointing, by lot, nine other quasi-presidents, re- 
 presentatives of the non-presiding tribes, who would 
 protest and interfere, or approve and sanction as 
 they might think fit. Supposing this to have been 
 the object of their appointment in the first instance, 
 it is easy to see how they might at last have been 
 united with the proper proedri, in the performance 
 of duties originally appropriated to the latter. 
 
 In connection with the proedri we will explain 
 what is meant by the phrase r) vpoeSpevovffa ^vK-q. 
 Our information on this subject is derived from the 
 speech of Aeschines against Timarchus, who in- 
 forms us, that in consequence of the unseemly con- 
 duct of Timarchus, on one occasion, before the 
 assembly, a new law was passed, in virtue of 
 which, a tribe was chosen by lot to keep order, 
 and sit as presidents under the firj/J-a, or platform 
 on which the orators stood. No remark is made 
 on the subject to warrant us in supposing that 
 senators only were elected to this office ; it seems 
 more probable that a certain number of persons was 
 chosen from the tribe on which the lot had fallen, 
 and commissioned to sit along with the prytanes 
 and the proedri, and that they assisted in keeping 
 order. W e may here remark that if any of the 
 speakers (pTjTopcs) misconducted themselves either 
 in the senate or the assembly, or were guilty of any 
 act of violence to the cjricrTaTtjs, after the break- 
 ing up of either, the proedri had the power to in- 
 flict a summary fine, or bring the matter before the 
 senate and assembly at the next meeting, if they 
 thought the case required it. (Aesch. c. Timar. 5.) 
 
 The meetings of the senate were, as we learn 
 
BOTAErSEnS rPA4«H'. 
 
 BRACAE. 
 
 159 
 
 rom various passages of the Attic orators, open to 
 strangers ; thus Demosthenes {De Fal. Leg. 346 ) 
 nys that the senate-house was, on a particular oc- 
 •asion, full of strangers (jU6(Ttoc liianSvy. in 
 \esch. Ctes. 71. "20. we read of a motion " that 
 trangers do withdraw" (ix^TaaTricrdixevos roiis 
 Sidras, Dobree, Advers. i. 542). Nay, private in- 
 lividuals were sometimes, by a special decree, au- 
 ;horised to come forward and give advice to the 
 icnate. (Andoc. De Hft/sf.) The senate-house was 
 ■ailed TO /SouAfUTTjpiof , and contained two chapels, 
 Tiie of Zfvs $ov\a7o!, another of'A97)i'o jSouAai'a, 
 in which it was customary for the senators to offer 
 up certain prayers before proceeding to business. 
 (Antiph. De C'/ior. p. 787.) 
 
 The prytanes also had a building to hold their 
 meetings in, where they were entertained at 
 the public expense during their prytany. This was 
 called the ir^urareToc, and was used for a variety 
 of purposes. [nPTTANErON.] Thucydides (ii. 
 15), indeed, tells us that before the time of The- 
 seus every city of Attica had its ^ovKevrTjpiov and 
 Trpvraveiov : a statement which gives additional 
 support to the opinion that Solon did not originate 
 the senate at Athens. 
 
 The number of tribes at Athens was not always 
 ten ; an alteration took place in B. c. 306, when 
 Demetrius Poliorcetes had liberated the city from 
 the usurpation of Cassander. Two were then 
 added, and called Demetrias, and Antigonis, in 
 honour of Demetrius and his father. (Clinton, F. 
 H. ii. 343.) It is evident that this change, and the 
 consequent addition of 100 members to the senate, 
 must have varied the order and length of the 
 pr3-tanes. The tribes just mentioned were after- 
 wards called Ptolemais and Attalis ; and in the 
 time of Hadrian, who beautified and improved 
 Athens (Pans. i. 18. § 6), a thirteenth was added, 
 called from him Hadrianis. An edict of this em- 
 peror has been preserved, which proves that even 
 in his time the Athenians kept up the show of 
 their former institutions. [R. W — N.] 
 
 BOTAErSEnS rPA*H'. An impeachment for 
 conspiracy. BoiiA.ei!(7€&ir, being in this case the 
 abbreviated form of eirigovKtvirews, is the name of 
 two \\'idely different actions at Attic law. The 
 first was the accusation of conspiracy against life, 
 and might be instituted by the person thereby 
 attacked, if competent to bring an action ; if other- 
 wise, by his or her legal patron (Kupior). In case 
 of the plot ha\'ing succeeded, the deceased might 
 be represented in the prosecution by near kins- 
 men (oi ivTos dvejf/ioTTiTos), or if they were incom- 
 petent by the Kvpios, as above mentioned. (Meier, 
 At/. Proc. 164.) The criminality of the accused 
 was independent of the result of the conspiracy 
 (Harpocrat.), and the penalty, upon conviction, was 
 the same as that incurred by the actual murderers. 
 (Andoc. De Mi/st. 46. 5.) The presidency of the 
 court upon a trial of this kind, as in most SiKai 
 (povtKa'i, belonged to the king archon (Meier, Aft. 
 Proc. 312), and the court itself was composed of 
 the ephetae, sitting at the Palladium, according to 
 Isaeus and Aristotle, ascited by Harpocration, who, 
 however, also mentions that the areiopagus is stated 
 by Dinarchus to have been the proper tribunal. 
 
 The other action, /SouAevirfair, was available 
 upon a person finding himself wTongfuUy inscribed 
 as a state debtor in the registers, or rolls, which 
 were kept by the different financial officers. Meier 
 (^Att. Proc. 339), however, suggests that a magis- 
 
 trate that had so offended, would probably be pro- 
 ceeded against at the evBvvai, or evixfipoTuvlai, 
 the two occasions upon which the public conduct 
 of magistrates was examined ; so that generally the 
 defendant in this action would be a private citizen 
 that had directed such an insertion at his own 
 peril. From the passage in Demosthenes, it seems 
 doubtful whether the disfranchisement (dri/iia) of 
 the plaintiff as a state-debtor was in abeyance 
 while this action was pending. Demosthenes at 
 first asserts (c. Aristog. i. 778. 19), but afterwards 
 (792. 1) argues that it was not. See, however, 
 Meier, Ait. Proc. 340, and Bockh's note. 
 
 There is no very obvious distinction laid down 
 between this action and ^\iev5i-yypa<pfis : but it has 
 been conjectured by Suidas, from a passage in Ly- 
 curgus, that the latter was adopted when the de- 
 fendant was a debtor to the state, but found his 
 debt wrongly set down ; and that fiovKevafus was 
 the remedy of a discharged debtor again registered 
 for the debt already paid. (Petit. Leg. Att. 467.) 
 If the defendant lost his cause, his name was sub- 
 stituted for that of the plaintiff. (Demosth. in 
 Aristogit. 792.) The cause was one of the 
 ■ypa(pa\ ihiai that came under the jurisdiction of 
 the thesmothetae. (Att. Proc. I. c.) [J. S. M.] 
 
 BOTAETTH'PION. [BOTAH'.] 
 
 BRACAE or BRACCAE (cim|upi'56s), trow- 
 sers, pantaloons. 
 
 These, as well as various other articles of armour 
 and of dress [Acinaces, Arcus, Armilla], were 
 common to all the nations which encircled the 
 Greek and Roman population, extending from the 
 Indian to the Atlantic ocean. Hence Aristagoras, 
 king of Miletus, in his inter\-iew with Cleomenes, 
 king of Sparta, described the attire of a large por- 
 tion of them in these terms : — " They carry bows 
 and a short spear, and go to battle in trowsers and 
 with hats upon their heads." (Herod, v. 49.) 
 Hence also the phrase Braccati militis arcus, signi- 
 fying that those who wore trowsers were in general 
 armed with the bow. (Propert. iii. 3. 17.) In 
 particular, we are informed of the use of trowsers 
 or pantaloons among the following nations: — I. 
 The Medes and Persians (irepl tA iTKeKea dvct- 
 Ivp'tSas, Herod, vii. 61, 62; Xen. Q/rop. viii. 3. 
 1 3 ; Diod. Sic. xvii. 77 ; Persica bracca, Ovid. 
 Trkt. V. II. 34 ; braccati MeJi, Pers. Sat. iii. 53). 
 2. The Parthians and Armenians (Arrian, Tact. 
 p. 79). 3. The Phrygians (Val. Flaccus, vi. 230). 
 4. The Sacae {dvalvpitas ivSeSvKeffav, Herod, vii. 
 64). 5. The Samiatae {Sarmaficae braccac, Val. 
 Flaccus, V. 424 ; Lucan. i. 430). 6. The Dacians 
 and Getae (Ovid. Trist. iii. 10. 19; v. 8. 49). 
 7. The Teutones (Propert. iv. I] ). 8. The Franks 
 [dva^vplZas, oi fxev Airay, oi Zi (TKVTiuas, Sia^av- 
 vvixevoi TOis (TKeAem Trfpia/iiricrxocTai, Agath. 
 Hist. ii. 5^. 9. The Belgae (di/alupitri xf"^""""! 
 TrepiTero^ei'ois, Strab. iv. 4. 3). 10. The Britons 
 (tvtcres braccac Britoiiis pauperis. Mart. xi. 22). 
 11. The Gauls {Gallia Brucaia, now Provence, 
 Pomp. Mela, ii. 5. 1 ; sagaios bracatosquc, Cic. 
 Pro Al. Font. 11 ; XP'^"''''^' dfa^vpiat, as fKtlvoi 
 fipoLKas irpoa'ayopevovffi, Diod. Sic.lv. 30). 
 
 The Gallic term " brakes," which Diodonis 
 Siculus has preserved in the last-cited passage, also 
 remains in the Scottish " breeks" and the English 
 " breeches." Corresponding terms are used in all 
 the northern languages. (Ihre, Glossar. Suio-Goth. 
 V. Brackor.) Also the Cossack and Persian trow- 
 sers of the present day differ in no material respect 
 
160 
 
 BPATPn'NIA. 
 
 from those wliich were anciently worn in the same 
 countries. 
 
 In conformity with the preceding list of testi- 
 monies, the monuments of everj' kind which con- 
 tain representations of the nations inchuled in it, 
 exhiliit them in trowsers, thus clearly distinguish- 
 ing them from Greeks and Romans. An example 
 is seen in the annexed group of Sarraatians, taken 
 from the column of Trajan. 
 
 The proper braccae of the eastern and northern 
 nations were loose (KCXo^atrM^'''", Arrian ; /oaiK', 
 Ovid and Lucan, /(. cc), and they are therefore 
 very aptly, though ludicrously, described in Euri- 
 pides as " variegated bags" (toi)s ^vXdKovi tovs 
 TTOiKi'Aour, Ci/dops, 18-2). To the Greeks they 
 must have appeared highly ridiculous, although 
 Ovid mentions the adoption of them by the de- 
 scendants of some of the Greek colonists on the 
 Euxine {Trist. v. 11. :54). 
 
 Trowsers were principally woollen ; but Agathias 
 states (I.e.) that in Europe they were also made of 
 linen and of leather ; probably the Asiatics made 
 them of cotton and of silk. Sometimes tliey were 
 striped {riri/atac^ Propert. iv. 11. 43), ornamented 
 with a woof of various colours ( Eurip. /. c. ; TroiKiAai, 
 Xen. Aiiab. i. .5. § 8 ; pu'to siiUt'mi/ie, Val. Flacc. 
 vi. 230), or embroidered (Virg. At'ii. xi. 777). 
 They gradually came into use at Rome under the 
 emperors. Severus wore them, and gave them as 
 presents to his soldiers (Laniprid. yl/cj'. S'cv. 40); 
 but the use of them was afterwards restricted by 
 Honorius. • [J- Y.] 
 
 BRACIIIA'LE. [AiiMiLLA.] 
 
 BPASI'AEIA, a festival celelirated at Sparta in 
 honour of their great geniu'al Brasidas, who, after 
 his death, received the honours of a hero. (Pans. iii. 
 14. § 1 ; Aristot. i:ih. Nic. v. 7.) It was held 
 every year with orations and contests, in which 
 none but Spartans were allowed to partake. 
 
 Brasideia were also celebrated at Amphipolis, 
 which, though a colony of Athens, transferred the 
 honour of KTi'iTTrjj from Ilagnon to Brasidas, and 
 paid him heroic honours by an annual festival with 
 sacrifices and cojitests. (Thucyd. v. 11.) [L. S.] 
 
 BPATPn'NIA, a festival celebrated in honour of 
 Artemis Brauronia, in the Attic town of Brauron 
 (Herod, vi. 138), where, according to Pausanias 
 (i. 23. § 9 ; 33. § 1 ; iii. IC. § G; viii. 4G. § 2), 
 Orestes and Iphigenia, on their return from Tauria, 
 were supposed by the Athenians to have landed, 
 and left the statue of the Taurian goddess. (See 
 Miiller, Dor. i. 9. § 5 and 6.) It was held every j 
 
 BREVIARIIJM. 
 
 fifth year, under the supei'intendence of ten Upo- 
 troioi (Pollux, viii. 9. 31) ; and the chief solonniity 
 consisted in the circumstance that the Attic girls 
 between the ages of five and ten years, dressed in] 
 crocus-coloured garments, went in solemn proces-| 
 sion to the sanctuary (Snidas, s. r. "ApKTos ; Schol. 
 on Arisioph. Li/sisti: ()4()), where they were conse- 
 secratcd to the goddess. During this act the 
 UpoTToioL sacrificed a goat, and the girls pcrfonned 
 a propitiatory rite in which they imitated bears. 
 This rite may have simply arisen from the circum- 
 stance that the bear was sacred to Artemis, espe- 
 cially in Arcadia (Muller, Dor. ii. 9. § 3) ; but a 
 tradition preserved in Suidas (s.r. "Ap/cros) relates 
 its origin as follows: — In the Attic town of Phani- 
 dae a bear was kept, which was so tame that it 
 was allowed to go about f|uite freely, and received 
 its food from and among men. One day a girl ven- 
 tured to play with it, and, on treating the animal 
 rather harshly, it turned round and tore her to 
 pieces. Her brothers, enraged at this, went out and 
 killed the bear. The Athenians now were visited 
 by a plague ; and, when they consulted the oracle, 
 the answer was given that they would get rid of 
 the evil which had befallen them if they would 
 compel some of their citizens to make their daugh- 
 ters propitiate Artemis by a rite called apKrajeiy, 
 for the crime committed against the animal sacred 
 to the goddess. The command was more than 
 obeyed ; for the Athenians decreed that from thence- 
 forth all women, before they cuuld marry, should 
 have once taken part in this festival, and have been 
 consecrated to the goddess. Hence the girls them- 
 selves were called d'p/cToi, the consecration dpKTfia, 
 the act of consecrating apKredeiv, and to celebrate 
 the festival dpKTevecrBai. (Ilesych. and Harpocrat. 
 s. v.; Schol. on Arkloph. I. c.) But as the girls 
 when they celebrated this festival were nearly ten 
 years old, the verb SeKarcu'eu' was sometimes used 
 instead of apKnidv. According to Ilesychius, 
 whose statement, however, is not supported by any 
 other ancient authority, the Iliad was recited on 
 this occasion by rhapsodists. 
 
 There was also a quinquennial festival called 
 Brauronia, which was celebrated by men and dis- 
 solute women, at Brauron, in honour of Dionysus. 
 (Aristoph. Pur, 870, with the note of the Scho- 
 liast ; and Suidas s. v. Bpavpdv.) Whether its 
 celebration took place at the same time as that of 
 Artemis Brauronia (as has been supposed by 
 Muller, Dor. ii. 9. § 5, in a note, which has how- 
 ever been omitted in the English translation), must 
 remain uncertain, altho\igh the very dift'erent cha- 
 racters of the two festivals incline us rather to be- 
 lieve that they were not celebrated at the same 
 time. [L. S.] 
 
 BREVIA'RIUM, or BREVIA'RIUM ALA- 
 RICIA'NUM. Alaric the Second, king of the 
 Visigoths, who reigned from a.d. 484 to A. D. 507, 
 in the twenty-second year of his reign (a. d. 506) 
 commissioned a body of jurists, probably Romans, 
 to make a selection from the Roman laws and the 
 Roman text writers, which should form a code for 
 the use of his Roman subjects. The code, when 
 made, was confirmed by the bishops and nobility; 
 and a copy, signed by Anianus, the referendarius 
 of Alaric, was sent to each comes, with an order 
 to use no other law or legal foim in his court {ut 
 ill foro iuo nulla alia le^r neque juris formula pro- 
 ferri vel recipi praesumatur). The signature of 
 Anianus was for the purpose of giving authenticity to 
 
BRIDGK 
 
 the official copies of the code ; a circumstance which 
 has been so far misunderstood that he has some- 
 times been considered as the compiler of the code. 
 This code has no peculiar name, so far as we know : 
 I it was called Lex Romana, and, at a later period, 
 I frequently Lex Theodosii, from the title of the first 
 I and most important part of its contents. The name 
 Breviarium, or Breviarium Alaricianum, does not 
 appear before the sixteenth century. 
 
 The following are the contents of the Breviarium, 
 ■with their order in the code; — L Codex Theo- 
 dosianus, xvi books. 2. Novellae of Theodosius ii, 
 Valentinian iii, Marcian, Majorian,Severus. 3. The 
 Institutions of Gains. 4. Pauli Receptae Senten- 
 tiae, V books. 5. Codex Gregorianus, 13 titles. 
 6. Codex Hermogenianus, 2 titles. 7. Papinianus, 
 lib. i. Responsorum. 
 
 The code was thus composed of two kinds of 
 materials, imperial constitutions, which, both in the 
 code itself and the commonitorium or notice pre- 
 fixed to it, are called Leyes ; and the writings of 
 Roman jurists, which are called Jus, Both the 
 Codex Gregorianus and Hermogenianus, being 
 compilations made without any legal authority, 
 are included under the head of Jus. The selec- 
 tions are extracts, which are accompanied with 
 an interpretation, except in the case of the In- 
 stitutions of Gains ; as a general rule, the 
 text, so far as it was adopted, was not altered. 
 The Institutions of Gains, however, are abridged 
 or epitomised, and such alterations as were con- 
 sidered necessar}' for the time are introduced into 
 the text : this part of the work required no inter- 
 pretation, and accordingly it has none. 
 
 This code is of considerable value for the history 
 of Roman law, as it contains several sources of the 
 Roman law which otherwise are unknown, especi- 
 ally Paulus and the five first books of the Theo- 
 dosian code. Since the discover}' of the Institu- 
 tions of Gains, that part of this code is of less 
 value. 
 
 The author of the Epitome of Gains in the 
 Breviarium paid little attention to retaining the 
 words of the original, and a comparison of the 
 Epitome and the MS. of Gaius is therefore of little 
 advantage in this point of view. The Epitome is, 
 however, still useful in showing what subjects were 
 discussed in Gaius, and thus filling up (so far as 
 the material contents are concerned) some of the 
 lacunae of the Verona MS. 
 
 A complete edition of this code was under- 
 taken by Sichard, in his Codex Theodosianus, 
 Basileae, 1528, small folio. The whole is contain- 
 ed in the edition of the Theodosian code by 
 Cujacius, Lugd. 1566, folio. The Theodosian code 
 and the Novellae alone are contained in the edi- 
 tions of Marville and Ritter ; the remainder is 
 contained in Schulting, Jurisprudentia Vcius Ante- 
 Just inianea, Lugd. Bat. 1717. The whole, together 
 with the fragments of Ulpian and other things, is 
 contained in the Jus Civile Antejustinianeum, 
 Berlin, 1815. {Sa.vigny,Geschichte des Bom. Rc^hts 
 wi Miftclaltcr, ii. c. 8 ; Gaius, Prae/aiio Primal 
 Editioni Praernissa.) [G. L.] 
 
 BRIDGE {y€<f>vpa, pons). The most ancient 
 bridge upon record of which the construction has 
 been described, is the one erected byNitocris over 
 the Euphrates at Babylon. (Herod, i. 186.) It 
 was in the nature of a drawbridge ; and consist- 
 ed merely of stone piers without arches, but con- 
 nected with one another by a framework of 
 
 BRIBGE. 161 
 
 planking, which was removed at night to prevent 
 the inhabitants from passing over from the different 
 sides of the river to commit mutual depredations. 
 The stones were fastened together by iron cramps 
 soldered with lead ; and the piers were built whilst 
 the bed of the river was free from water, its course 
 having been diverted into a large lake, which was 
 ag-ain restored to the usual channel when the work 
 had been completed. (Herod. /. c.) Compare 
 the description given by Diodorus Siculus (ii. tom. 
 1. p. 121. ed. Wesseling), who ascribes the work 
 to Semiramis. 
 
 Temporary bridges constructed upon boats, 
 called o-xc5Iat (Hesych. s. v. ; Herod, vii. 36 ; 
 Aesch. Pers. 69. ed. Blomf. et Gloss.), were also 
 of very early invention. Darius is mentioned as 
 having thrown a bridge of this kind over the 
 Thracian Bospoi-us (Herod, iv. 83. 85); but we 
 have no details respecting it, beyond the name of 
 its architect, Mandrocles of Samos. (Herod, iv. 
 87. 88.) The one constnicted by order of Xerxes 
 across the Hellespont is more celebrated, and has 
 been minutely described by Herodotus (vii. 36). 
 It was built at the place where the Chersonese 
 forms almost a right angle, between the towns of 
 Sestos and Madytus on the one side, and Abydos 
 on the other. The first bridge, which was con- 
 structed at this spot, was washed away by a storm 
 almost immediately after it was completed (Herod, 
 vii. 34), and of this no det;uls are given. The 
 subsequent one was executed under the directions 
 of a different set of architects. {Id. 3()'.) Both of 
 them appear to have partaken of the nature of 
 suspension bridges, the platfonn which formed the 
 passage-way being secured upon cnonnous cables 
 formed by ropes of flax (Aeu/coAiVou) and papyrus 
 {^vSKivwv) twisted together, and then stretched 
 tight by means of windlasses (orai) on each side. 
 
 The bridges hitherto mentioned cannot be 
 strictly denominated Greek, although the archi- 
 tects by whom the two last were constructed were 
 natives of the Greek islands. But the frequent 
 mention of the word in Homer proves that they 
 were not uncommon in Cireece, or at least in the 
 western part of Asia Minor, during his time. The 
 Greek tenn for a penuanent bridge is ye<pvpa, 
 which the ancient etymologists connected with the 
 Gephyraei (re(pvpa7oi), a people whom Herodotus 
 (v. 57) states to have been Phoenicians, though 
 they pretended to have come from EretrLa ; and 
 the etymologists accordingly tell us that the first 
 bridge in Greece was built by this people across 
 the Cephissus ; but such an explanation is opposed 
 to sound etjTnology and common sense. As the 
 rivers of Greece were sm;dl, and the use of the arch 
 known to them only to a limited extent [Arcus], 
 it is probable that their bridges were biiilt entirely 
 of wood, or, at best, were nothing more than a 
 wooden platfonn supported upon stone piers at each 
 extremity, like that of Nitocris described above. 
 Pliny (H. A', iv. 1. ed. Franz.) mentions a bridge 
 over the Acheron 1000 feet in length ; and also 
 says (iv. 21) that the island Euboea was joined to 
 Boeotia by a bridge ; but it is probable that both 
 these works were executed after the Roman conquest. 
 
 In Greece also, as well as in Italy, the terra 
 bridge was used to signify a roadway raised upon 
 piers or arches to connect the opposite sides of a 
 ravine, even where no water flowed through it 
 (rriv ■}f(pvpai', vj e'jrl t<Z vairei rjv, Xen. Anult. 
 vi. 5. § 22). 
 
162 
 
 BRIDGE. 
 
 BRIDGE. 
 
 The Romans were undoubtedly the first people I 
 who applied the arch to the constniction of bridges, 
 by which they were enabled to erect structures 
 of great beauty and solidity, as well as utility ; 
 for by this means the openings between the piers 
 for the convenience of navigation, which in the 
 bridges of Babylon and Greece must have been 
 very narrow,could be extended to any necessary span. 
 
 The width of the passage-way in a Roman 
 bridge was commonly narrow, as compared with 
 modem structures of the same kind, and correspond- 
 ed with the road {via ) leading to and from it. It 
 was divided into three parts. The centre one, 
 for horses and carriages, was denominated «////(•;• 
 or iter; and the raised footpaths on each side 
 (dccitrsoria), which were enclosed by parapet walls 
 similar in use and appearance to the pluleus in the 
 basilica. [Basilica, p. 132.] 
 
 Eight bridges across the Tiber are enumerated 
 by P. Victor as belonging to the city of Rome. 
 Of these the most celebrated, as well as the most 
 •ancient, was the Pons Sublr ius, so called because 
 it was built of wood ; stihtices, in the language of the 
 Fonniani, meaning wooden beams. (Festus, s. v. 
 SuUicimn.) It was built by Ancus Martius, when 
 he united the Janiculum to the city (Liv. i. .33; 
 Dionys. iii. p. 183), and became renowned 
 from the well-known feat of Horatius Codes in 
 the war with Porsenna. (Liv. ii. 10; Val. Max. 
 iii. 2. 1 ; Dionys. Ilal. v. p. 295, 296.) In con- 
 sequence of the delay and difficulty then experi- 
 enced in breaking it down, it was reconstructed 
 without nails, in such a manner that each beam could 
 be removed and replaced at pleasure. (Plin. H. 
 A^'.xxxvi. 23.) It was so rebuUt by the pon- 
 tifices (Dion. Hal. p. If! 3). from which fact, ac- 
 cording to Varrn [De TJ/)i/. Lot. lib. v. 83), they 
 derived their name; and it was afterwards consider- 
 ed so sacred, that no repairs could be made in it 
 without previous sacrifice conducted by the ponti- 
 fex in person. (Dion. Hal. iii. c.) In the age 
 of Augustus it was still a wooden bridge, as is 
 manifest from the epithet used by Ovid {Fast. v. 
 621), 
 
 " Tum quoque priscorum Virgo simulacra viroram 
 
 Mittere rohorco scirpea ponte solet ;" 
 in which state it appears to have remained at the 
 time of Otho, when it was carried away by an inun- 
 dation of the Tiber. (Tacit. Hist, i.86, who calls it 
 jvms suhlicius. ) In hitter ages it was also called ^)ohs 
 Aemilius, probably from the name of the person by 
 whom it was rebuilt ; but who this Aemilius was is 
 uncertain. It may have been Aemilius Lepidus the 
 triumvir, or probably the Aemilius Lepidus who 
 was censor with Munatius Plancus, under Augus- 
 tus, ten years after the pons suUieius fell down, as 
 related by Dion Cass. ( p. 423. c.) We learn 
 from P. Victor, in his description of the Regio xi., 
 
 that these two bridges were one and the same — 
 "• Aemilius qui ante sublicius." It is called Aemilian 
 by Juvenal {Sat. vi. 32) and Lampridius {Heliug. 
 c. 17), but it is mentioned by Capitolinus {Antonin. 
 Pius, c. 8) as ihe pons Suljliciiis ; which passage is 
 alone sufficient to refute the assertion of some 
 writers that it was built of stone at the period 
 when the name of Aemilius was given to it. (_Nar- 
 dini, Ro7n. Ant. viii. 3.) 
 
 This bridge was a favourite resort for beggars, 
 who used to sit upon it and demand alms. (Senec. 
 De Vit. Beat. c. 25.) Hence the expression of 
 Juvenal (xiv. 134), uliipiis de ponte, for a beggar. 
 (Compare also Sat. iv. IIG.) 
 
 It was situated at the foot of the Aventine, and 
 was the bridge over which C. Gracchus directed 
 his flight when he was overtaken by his opponents. 
 ( Plut. Gracch. p. 842. c. ; compare Val. Max. iv. 
 7,2; Ovid. Fast. vi. 477.) 
 
 II. PonsPalatinus fonned the communication 
 between the Palatine and its vicinities and the 
 Janiculum, and stood at the spot now occupied by 
 the " ponte Rotto." It is thought that the words 
 of Livy (xl. 51) have reference to this bridge. It 
 was repaired by Augustus. {Inscrip. ap. Grut. p. 
 160. n. 1.) 
 
 III. IV. Pons Fabricius and PonsCestius were 
 the two which connected the Insula Tiberina with 
 the opposite sides of the river ; the first with the 
 city, and the latter with the Janiculum. Both are 
 still remaining. The pons Fabricius was originally 
 of wood, but was rebuilt by L. Fabricius, the cura- 
 tor riarum, as the inscription testifies, and a short 
 time previous to the conspiracy of Catiline (Dion 
 Cass, x.xxvii. p. 50) ; which passage of Dion Cas- 
 sius, as well as the words of the Scholiast on Horace 
 {Sat. II. iii. 36), warrant the assumption that it 
 was then first built of stone. It is now called 
 " Ponte quattro capi." The pons Cestius is, by 
 some authors, supposed to have been built during 
 the reign of Tiberius by Cestius Gallus, the per- 
 son mentioned by Pliny (x. 60; Tacit. Ann.vi. 
 31), though it is more reasonable to conclude 
 that it was constructed before the tennination of 
 the republic, as no private individual would have 
 been permitted to give his own name to a public 
 work under the empire. (Nardini, 1. c.) The in- 
 scriptions now remaining are in commemoration of 
 Valentinianus, Valens, and Gratianus, the emperors 
 by whom it was restored. Both these bridges are 
 represented in the annexed woodcut: that on the 
 right hand is the pons Fabricius, and is curious as 
 being one of the very few remaining works which 
 bear the date of the republic ; the pons Cestius on 
 the left represents the efforts of a much later age ; 
 and, instead of the buildings now seen upon the 
 island, the temples which originally stood there 
 as well as the island itself, have been restored. 
 
BRIDGE. 
 
 V. Pons Janiculensis, which led direct to the 
 Janiculum. The name of its (builder, and period 
 of its construction, are unknown ; but it occupied 
 the site of the present " ponte Sisto," which was 
 built by Sixtus IV. upon the ruins of the old 
 bridge. 
 
 VI. PonsVaticanus, socallcd because itformed 
 the communication between the Campus Martins 
 and Campus Vaticanus. When the waters of the 
 Tiber are very low, vestiges of the piers are still 
 discernible at the back of the Hospital of San 
 Spirito. By modern topoirraphists this bridge is 
 often called '* Pons Triumphalis," but without any 
 
 BRIDGE. 
 
 163 
 
 classical authority ; the inference, however, is not 
 improbable, because it led directly from the Cam- 
 pus to the Clivus Cinnae (now Monte Mario), from 
 which the triumphal processions descended. 
 
 VII. Pons Aelius, built by Hadrian, which led 
 from the city to the Mausoleum [Mausoleum] of 
 that emperor, now the bridge and castle of St. 
 Angelo. (Spart. Hadr. c. 19 ; Dio. Cass. Lxix. 797, 
 E.) A representation of this bridge is given in the 
 following woodcut, taken from a medal still extant. 
 It affords a specimen of the style employed at the 
 period when the hne arts are considered to have 
 been at their greatest perfection at Rome. 
 
 VIII. Pons Milvius, on the ViaFlaminia, now 
 ponte MoUe, was built by Aemilius Scaurus the 
 censor (Aur. Vict. Dc Viris I/hmfr. c. 27. § ff), 
 and is mentioned by Cicero {In Cat iii. 2) about 
 45 years after its formation. Its vicinity was a 
 favourite place of resort for pleasure and debauchery 
 in the licentious reign of Nero. (Tacit. A/m. xiii. 
 47.) Upon this bridge the ambassadors of the 
 Allobroges were arrested by Cicero's retainers dur- 
 ing the conspiracy of Catiline. (Cic. In Cat. iii. 2.) 
 Catulus and Pompey encamped here against Lepi- 
 dus when he attempted to annul the acts of Sulla. 
 (Floras, iii. 23.) And finally, it was at this spot 
 that the battle between Maxentius and Constan- 
 tine, which decided the fate of the Roman empire, 
 took place, (a. d. 312.) 
 
 The Roman bridges without the city were far 
 too many to be enumerated here. They formed 
 one of the chief embellishments in all the public 
 roads ; and their frequent and stupendous remains, 
 still existing in Italy, Portugal, and Spain, attest, 
 even to the present day, the scale of grandeur with 
 which their works of national utility were always 
 carried on. Subjoined is a representation of the 
 bridge at Ariminura (Rimini), which remains 
 entire, and was commenced by Augustus and ter- 
 minated by Tiberius, as we learn from the inscrip- 
 tion, which is still extant. It is introduced in 
 order to give the reader an idea of the style of art 
 during the age of Vitruvius, that peculiar period of 
 transition between the austere simplicity of the re- 
 public and the profuse magnificence of the empire. 
 
 The bridge thrown across the bay of Baiae by 
 Caligula (Dion Cass. lix. 652 e; Suet. Cal. 19), 
 the useless undertaking of a profligate prince, 
 does not require any further notice ; but the 
 bridge which Trajan built across the Danube, 
 which is one of the greatest efforts of human in- 
 genuity, must not pass unmentioned. A full ac- 
 count of its construction is given by Dion Cassius 
 (Ixviii. 776 B.) ; and it is also mentioned by Pliny 
 (Ep. viii. 4 ; compare Procopius. Dc Aedifk-iis). 
 The form of it is given in the woodcut on the fol- 
 lowing page, from a representation of it on the 
 column of Trajan at Rome ; which has given rise 
 to much controversy, as it does not agree in many 
 
 respects with the description of Dion Cassius. The 
 inscription, supposed to have belonged to this 
 bridge, is quoted by Leunclav. p. I04I. 6. and by 
 Gruter, 448. 3. 
 
 Sub jugum ecce rapitur et Danuvius. 
 
 It will be observed that the piers only are of 
 stone, and the superstructure of wood. 
 
 The Conte Marsigli, in a letter to Montfaucon 
 (Giornale de" Lctterati d'' Italia, torn. xxii. p. 116), 
 gives the probable measurements of this structure, 
 from observations made upon the spot, which will 
 serve as a faithful commentary upon the text of 
 Dion. He considers that the whole line consisted 
 of 23 piers, and 22 arches, making the whole bridge 
 
 M 2 
 
164 
 
 BRIDGE. 
 
 BRONZE. 
 
 about 3010 feet long, and 48 in height ; which are 
 much more than the number displayed upon the 
 column. But this is easily accounted for without 
 impairing the authority of the artist's work. A 
 fewer number of arches were sufficient to show the 
 general features of the bridge, without continuing 
 the monotonous uniformity of the whole line, 
 which would have produced an effect iU adapted to 
 the purposes of sculpture. It was destroyed by 
 Hadrian (Dio. Cass. I. c), under the pretence that 
 it would facilitate the incursions of the barbarians 
 into the Roman territories, but in reality, it is said, 
 from jealousy and despair of being able himself to 
 accomplish any equally great undert;iking ; which 
 is supposed to be confirmed by the fact that he 
 afterwards put to death the architect, Artemidorus, 
 under whose directions it was constructed. 
 
 The Romans also denominated by the name of 
 pontes the causeways which in modern language 
 are termed " viaducts." Of these the Pons ad 
 Nunam, now called ponte None, near the ninth 
 mile from Rome on the Via Pracnestina is a fine 
 specimen. 
 
 Amongst the bridges of temporary use, which 
 were made for the immediate purposes of a cam- 
 paign, the most celebrated is that constructed by 
 Julius Caesar over the Rliine within the short 
 period of ten days. It was built entirely of wood, 
 and the whole process of its construction is mi- 
 nutely detailed by its author {De Bell. Gall. iv. 17). 
 An elevation of it is given by Palladio, constnicted 
 in conformity with the account of Caesar, which 
 has been copied in the editions of Oudendorp and 
 the Delphin. 
 
 Vegetius (iii. 7), Herodian (viii. 4. 8), and 
 Lucan (iv. 420) mention the use of casks {dolia, 
 cupae) by the Romans to support rafts for the pas- 
 sage of an army ; and Vegetius (/. c.) says that it 
 was customary for the Roman army to carry with 
 them small boats (motujmli) hollowed out from the 
 trunk of a tree, together with planks and nails, so 
 that a bridge could be constructed and bound to- 
 gether with ropes upon any emergency without 
 loss of time. Pompey passed the Euphrates by a 
 similar device during the Mithridatic war. (Floras, 
 iii. 5.) The annexed woodcut, taken from a bas- 
 relief on the column of Trajan, will afford an idea 
 of the general method of construction and fonn of 
 these bridges, of which there are several designs 
 upon the same monmnent, all of which greatly re- 
 semble each other. 
 
 passed over a wooden platform, elevated above the 
 ground, which was called pons suffragiomm, in 
 order that they might be able to give their votes 
 without confusion or colhision. 
 
 Pons is also used to signify the platform 
 (€7rtgo9po, avoSaBpa) used for embarking in, or dis- 
 embarking from, a ship. 
 
 " Interea Aeneas socios de puppibus altis 
 Pontibus exponit." Virg. Aen. x. 288. 
 
 The method of using these ponies is represented 
 in the annexed woodcut, taken from a very curious 
 intaglio representing the history of the Trojan war, 
 discovered at Bovillae towards the latter end of the 
 17th century ; which is given by Fabretti, %«&«;ma; 
 de Column. Tmjani, p. 315. [A. R.] 
 
 When theComitia were held, the voters, in order 
 to reach the enclosure called septum and ovile. 
 
 BRONZE (xoX/c(5r, aes"), a compound of copper 
 and tin. Other metals are sometimes combined 
 with the above, but the most ancient bronzes, pro- 
 perly so called, are foimd to consist of those two 
 ingredients. In the article on Aes some further 
 particulars are supplied respecting the different 
 composition of bronze and brass. The distinctive 
 terms should always be observed in speaking of 
 these substances, as the indiscriminate use of them 
 has lead to great error and confusion in describing 
 works of art. 
 
 There can be no question as to the remote anti- 
 quity of metallurgy ; though at what precise period 
 the various metals were known, in what order they 
 were discovered, and by what processes extracted 
 — either simply or by reducing their ores when they 
 were found in that state, there are no satisfactory 
 means of judging. In the twenty-eighth chapter 
 of the book of Job we read, " Surely there is a vein 
 for the silver, and a place for gold where they fine 
 it. Iron is taken out of the earth, and brass (copper) 
 is molten out of the stone." This passage, taken 
 as a whole, and supported as it is by various inti- 
 mations throughout the Pentateuch, shows that at 
 this early period greater advances had been made 
 in mining and the metallurgic arts than is usually 
 supposed. There is the same dearth of exact in- 
 formation on the practice of the metal-founders 
 and workers of the archaic ages, even after the 
 different substances were known, and objects of 
 imitative art had been executed in them. 
 
 The most ancient Greek bronzes extant are com- 
 
BRONZE. 
 
 BRONZE. 
 
 165 
 
 posed simph* of copper and tin ; and it is remark- 
 able how nearly the relative proportions of the 
 metals agree in all the specimens that have been 
 analysed. Some bronze nails from the ruins of the 
 Treasury of Atreus at Mycenae ; some ancient 
 coins of Corinth ; a very ancient Greek helmet, on 
 which is a boustrophedon inscription, now in the 
 British Museum ; portions of the breastplates of a 
 piece of armour called the Bronzes of Siris, also 
 preserved in our national collection ; and an antique 
 sword found in France, produced in 100 parts, 
 
 87'43 and 88 copper 
 
 12-53 and 12 tin 
 
 99-96 100 
 At a later period than that to which some of the 
 above works may be referred, the composition of 
 bronze seems to have been a subject to which the 
 greatest attention was paid ; and the addition of 
 
 ■ a variety of metals seems to have been made to 
 the original (if it may be so called) combination of 
 
 I copper and tin. The few writers on art, whose 
 
 ■ evidence has reached our times, make particular 
 mention of certain of these bronzes which, notwith- 
 standing the changes they underwent by the intro- 
 duction of novel elements were still ranked under 
 the words x^^f^s and aes. That which appears to 
 
 : have held the first place in the estimation of the an- 
 cients was the aesCorinthiac!im,which some pretend- 
 ed was an alloy made accidentally, in the first in- 
 
 . stance, by the melting and ninning together of vari- 
 ous metals (especially//oH and ironic), at the burning 
 of Corinth by Lucius Mummius, about 146 B.C. This 
 
 I account is obviously incorrect, as some of the artists 
 whose productions are mentioned as composed of 
 
 ' this highly valued metal, lived long before the event 
 alluded to. Pliny {Hist. Nat. xxxiv. 3) particu- 
 larises three classes of the Corinthian bronze. The 
 first, he says, was white {canclidum), the greater 
 
 • proportion of silver that was employed in its com- 
 position giving it a light colour. In the second 
 sort or quality, gold was introduced, in sufficient 
 
 I quantity to impart to the mixture a strong yellow 
 or gold tint. The third was composed of equal 
 
 I proportions of the different metals. The next 
 
 I bronze of note among the ancient Greek sculptors 
 is distinguished by the title of Iwjmtizon, which it 
 seems it acquired from its colour, which bore some 
 
 ■ resemblance to that of the liver (^vap). Pliny 
 says it was inferior to the Corinthian bronze ; but 
 was greatly preferred to the mixtures of Delos and 
 Aegina, which, for a long period, had a high re- 
 putation, and were much sought after. The colour 
 
 ! of the bronze called hepafizon, must have been very 
 similar to that of the cim/ue cento bronzes — a dull 
 
 . reddish brown. The next ancient bronze in order 
 of celebrity seems to have been the aes Deliucum. 
 Its reputation was so great that the island of Delos 
 became the mart to which all who required works 
 of art in metal crowded, and led, in time, to the 
 
 , establishment there of some of the greatest artists 
 of antiquity. Next to the Delian, or rather in com- 
 petition with it, the aes Aegiiieticum was esteemed. 
 We are told that no metal was produced naturally 
 in Aegina but the founders and artists there were 
 so skilful in their composition of bronze, that the 
 island acquired great celebrity on that account. 
 Two of the most distinguished among the sculp- 
 tors of ancient times, Myron and Polycletus, con- 
 temporwies of Phidias, not only showed their 
 rivalry in producing the finest works of art, but also 
 
 in the choice of the bronze they used. Myron, we 
 are informed, always preferred the Delian, while 
 Polycletus adopted the Aeginetan, mixture — emw- 
 latio autcm et in materui fuit (Plin. H.N. xxxiv. 2). 
 From a passage in Plutarch it has been supposed 
 that this far-famed Delian bronze was of a light 
 and somewhat sickly tint. (See Quatremere de 
 Quincy, Jupiter Olympien; Plut. De Pith. Orac.) 
 Plutarch says, that in his time its composition was 
 unknown. 
 
 Of some of the other bronzes enumerated in the 
 writings of the ancients, little or nothing is known 
 beyond the titles. Three of these are the aes De- 
 monvcsium (Pollux, Hesych.), the aes tiit/rurn 
 (Philostrat.), and the Tartessian bronze {rapTriff- 
 (Tios x^^f^s) mentioned by Pausaiiias (vi. 19. § 2). 
 
 Before quitting the subject of mixtures of metals, 
 it may be right to allude to a composition mentioned 
 by Pliny {H. N. xxxiv. 2) under the title of 
 aurielialcum, written also orichalcum, which some 
 writers have supposed was an established bronze 
 composed of (/old and bronze, or at least of (/old and 
 copper. It is possible there may have been a fac- 
 titious substance so designated; but the true mean- 
 ing of the word appears to be mountain-metal, from 
 the Greek words oupos or opos, a mountain, and 
 XctA/co's : and the accidental similarity of sound has, 
 doubtless, led modern writers into error respecting 
 the meaning of the first two syllables, and into the 
 belief that it was intended to designate the combi- 
 nation of the two metals alluded to. Reference to 
 the passage in Pliny will make this clear to the 
 reader. He says distinctly it was not found in 
 his time, the mines which produced it being ex- 
 hausted. 
 
 Although, strictly speaking, it does not belong 
 to our subject, a mixture, which was employed 
 and much esteemed by the ancients, may be 
 mentioned in this place. It was called electrum, and 
 was composed of yold and siirer in certain propor- 
 tions. It was, in all probability, only used for ex- 
 traordinary purposes. Thus Helen is said to have 
 dedicated in the temple of Minerva, at Lindus, a 
 cup made of electrum, of the exact size and form of 
 one of her own breasts. {Minerrae templum liabet 
 
 Lindos ill rpio Helena sacravit calicem ex 
 
 electro. Adjicit historia, mammae suae mensura. 
 Plin. H. N. xxxiii. 23.) 
 
 The ancients were partial to polychromic sculp- 
 ture, as is evident from the variety of colours and 
 materials they employed even in the best period of 
 Greek art; namelj-, the age of Pericles, when 
 Phidias, Ageladas, Myron, Polycletus, Alcamenes, 
 and Pythagoras, were in the zenith of their glory. 
 This taste was carried into metal- works, and seems, 
 if the accounts that have been carried down to us 
 are to be credited, to have existed in very early 
 times. This is not the place to discuss the genuine- 
 ness of the passage in Homer in wliich mention is 
 made of the shield of Achilles. It is only neces- 
 sary here to state that in one of its compartments 
 oxen, sheep, and various other objects were repre- 
 sented, and that they were distinguished by variety 
 of colours. Pliny (xxxiv. 40) says that the artist 
 Aristonidas made a statue of Athamas, in which he 
 proposed to himself the difficult task of producing 
 the effect of shame, or blushing, by using a mix- 
 ture of iron with the bronze in which the work 
 was executed. {Aes ferrumque miscuit, ut ruliyine 
 ejus per nitorem aerit rclucente eapritnerctur vere- 
 cuTidiae rubor.) Plutarch tells us that a statuary, 
 
166 
 
 BRONZE. 
 
 BRONZE. 
 
 called Silanio or Silanion, made a statue of Jocasta 
 dying ; and so composed his metals tliat a pallid 
 appearance, or complexion, was produced. This, it 
 is said, was effected by the introduction of silver. 
 Callistratus speaks of a statue of Cupid, by Praxi- 
 teles ; and another of Occasion (Kai'poj), represent- 
 ed under the form of a youth ; also one of Bacchus, 
 by Praxiteles ; all of which were remarkable for the 
 colour of the bronze imitating the appearance of 
 nature. A bronze rilievo of the battle of Alexander 
 and Poms is also refeixed to for its truth of effect, 
 produced by the blending of colours, and which 
 rendered it worthy to be compared with the finest 
 pictures. 
 
 With the very limited data we possess, it is im- 
 possible to offer much conjecture upon these state- 
 ments, or to say how much or how little they are 
 to be relied upon. Some of the accounts are most 
 probably inventions of the fancy ; some of them 
 may be founded on facts greatly overcharged, the 
 effects described being produced by overlaying the 
 metal with colour, or in some cases perhaps by what 
 is now called plating. A slight acquaintance with 
 the nature of metal, and the processes of founding 
 will be sufficient to convince any one of the im- 
 practicability of effecting (at least by melting the 
 materials together and so producing variety of 
 tints) what it is pretended was done in some of 
 the instances referred to. 
 
 The earliest mode of working in metal among 
 the Greeks seems to have been with the hammer ; 
 by beating out lumps of the material into the form 
 proposed, and afterwards fitting the pieces together 
 by means of pins or keys. It was called (r<pvpriKaTov, 
 from (T(pvpa, a hammer. Pausanias (iii. 17. § 6.) 
 describes this process in speaking of a very ancient 
 statue of Jupiter at Sparta, the work of Learchus 
 of Rhegium. With respect to its supposed anti- 
 quity, Pausanias can only mean that it was very 
 ancient, and of the archaic style of art. The term 
 splmrdata is used by Diodorus Siculus in describ- 
 ing some very ancient works which are said to 
 have decorated the celebrated gardens and palace 
 of Ninus and Semiramis, at Babylon. Pliny 
 (xxxiii. 24 ) mentions a statue of Diana Anaitis 
 worked in the same way; and, that there may be 
 no doubt that it was of solid hammer-icork, he uses 
 two expressions to convey his meaning. The 
 st<atue was of gold, and the passage describing it 
 has given rise to much discussion. Aurea statua 
 prima nulla inanitate, et untecjuam ex aere alujua 
 illo modo ficret qnam vacant holosphjTaton, in tenijih 
 Anaititlis posita dicitur. A statue of Dionysius by 
 Onassimedes, of solid bronze, is mentioned by 
 Pausanias (ix. 12. § ?i) as existing at Thebes in his 
 time. The next mode, among the Greeks, of exe- 
 cuting metal works seems to have been by plating 
 upon a nucleus, or general form, of wood — a prac- 
 tice which was employed also by the Egyptians, 
 as is proved by a specimen of their art preserved 
 in the British Museum. The subject is a small 
 head of Osiris, and the wood is still remaining 
 within the metal. It is probable that the temis 
 hjlijsphyruton and sphijraton were intended to- de- 
 signate the two modes of hammer-work ; the first 
 on a solid mass, and the other hammering out 
 plates. 
 
 It is extremely difficult to detemiine at what 
 date the casting of metal was introduced. That it 
 was known at a very early period there can be no 
 doubt, although it may not have been exercised by | 
 
 statuaries in European Greece till a comparatively 
 late date. The art of founding may be divided 
 into three classes or stages. The first is the simple 
 melting of metals ; the second, casting the fused 
 metals into prepared forms or moulds ; and the 
 third, casting into a mould, with a core or internal 
 nucleus, by which the metal may be preserved of 
 a deteniiined thickness. The first stage must have 
 been known at a period of which we have no re- 
 cord beyond that intimation especially alluded to 
 in Job, which establishes the fact that some of the 
 processes of metallurgy were well known when that 
 book was composed. The earliest works of art de- 
 scribed as of hammer- work were probably executed 
 in lumps of metal that had already undergone this 
 simple preparation. The easting of metal into 
 moulds must also have been practised very early. 
 There are no means of knowing of what material 
 or composition the fonns or moulds were made, hut 
 in all probability clay (dried, and then perhaps 
 baked) was employed for the purpose. The cir- 
 cumstance of a spot where clay abounded having 
 been chosen for the founding of the bronze works 
 for the temple of Solomon supports this supposi- 
 tion. Of course all the earliest works produced in 
 this stage of the art must have been solid. The 
 third process, that of casting into a mould with a 
 core, was an important step in the statuary's art. 
 Unfortunately there is no record of the time, nor of 
 the mode in which this was effected by the an- 
 cients, unless we consider the statements of Pausa- 
 nias of sufficient authority for the date of the vari- 
 ous discoveries among the Greeks. His account 
 would imply that the art of casting was not known 
 before the time of Theodonis of Samos, who pro- 
 bably lived between eight and seven hundred years 
 before our era. (Pans. iii. 12. § 8.) Herodotus 
 (i. .51 ; iii. 41. 60), Pliny [H. N. xxxv. 43, &c.), 
 and Pausanias make honourable mention of Rhoe- 
 cus and Theodoins. Pausanias sa3'S (viii. 14. § .5) 
 that they first invented custiiir/ in bronze (Siexfov 
 XaA.Koc (cal aydKjj.a'ro. cxwfuVavTo). Pliny, 
 who seems to have written down whatever he 
 heard, says {l-e.\ In Sumo primos omnium ^''plas- 
 tii'en'''' inrejiisse Rhoecum et Tlwotlorum; but he 
 proves the incorrectness of this statement by re- 
 cording an instance of the proficiency of Theodonis 
 in his art, when he says " He cast a bronze statue 
 of himself, holding in one hand a file (in allusion 
 probably to his profession), and in the other a quar 
 driga of such small dimensions that a fly might 
 cover it with its wings:" an example of practical 
 skill that at once places him in a much more ad- 
 vanced rank in his art than the inventor of its first 
 and most simple process could have attained. 
 
 The ancients used something answering the pur- 
 pose of a solder for fastening the different pieces of 
 metal together ; but it is difficult to determine whether 
 the term KjAxrjtrij means a solder or only a species 
 of glue. Pausanias distinctly speaks of it as some 
 thing different from nails or cramps, and gives us the 
 name of its inventor, Giaucus of Chios. He is speak- 
 ing of a vase of iron, which he says was the work 
 
 TAavKov Tou Xi'ou, (Tihripov Kof^rimv dvSpos 
 
 fvpovTOS /ioV?) 5t 7) K(iA.Aa avvex^' tc, koI 
 
 iariv ailiT] T<f aiSi^pw 5eiT/x6s (x. 16. § 1 ; and 
 compare Herod, i. 25, who speaks of uvoKprjrriplSiov 
 aiSijpeou KoAArjToV). PHny in like manner speaks 
 of a solder under the title of phimhum ari/enfarium 
 (If. N. xxxiv. 17). Many of the works in the 
 British Museum, as well as in other collections, 
 
BRONZE. 
 
 BUCCINA. 
 
 167 
 
 show the points of junction of the various pieces of 
 I which the objects are composed ; but how they 
 . were fastened together is a matter of doubt, the 
 I rust that has accumulated, both within and with- 
 out, quite precluding the possibility of minute and 
 satisfactory examination. Some of them appear 
 i to have been fitted together somewhat in the 
 , manner called dovehiiliiiy, and then pinned; but 
 whether they were then soldered, or merely beaten 
 together with the hammer, and then worked over 
 to make the surface entire cannot be determined. 
 The modem practice of burning the parts together 
 seems, as far as there are opportunities of judging, 
 , to have been quite unknown to the ancients. 
 
 The finest collection of ancient bronzes is in the 
 , Museo Borbonico at Naples. They have been 
 found chieHy in the ruins of Herculaneum and 
 I Pompeii, and among them are some examples of 
 , great skill and beauty. A few of the heads offer 
 ; peculiarities in the treatment of the hair, the small 
 .' corkscrew curls, and the ends of the beards being 
 r formed of separate pieces of metal fastened on. 
 ] Several of the statues have the eyes of paste, and 
 of stones, or sometimes of a different metal from 
 the material of the rest of the work. Silver was 
 often united with bronze. Cicero ( Verr. iv. 43) 
 mentions a statue of Apullu aeneus, cujus in fi.more 
 litterulis niinulis arycnteis nomen I\lt/ronis and in- 
 soriptum. In a bronze statue, of a youth, in the 
 collection at Paris, are the remains of a Greek 
 inscription in silver letters. They are inserted 
 into the left foot. The Museo Borbonico possesses 
 some examples of inlaid silver work. There are 
 also instances of it in the collection of bronzes in 
 the British Museum. 
 
 The names of few sculptors, or rather statuaries, 
 of celebrity have reached us who were not chiefly 
 distinguished for the excellence of their works in 
 bronze. Theodorus of Samos has already been 
 mentioned ; Gitiad;is of Sparta, and Glaucias of 
 Aegina, may be added as holding an eminent place 
 among the earlier artists in bronze. A list of the 
 statuaries of Greece, who excelled in works in 
 metal, would almost be a history of sculpture. It 
 will be enough to state that Ageladas, the master 
 of Phidias, Phidias, Alcamenes, Agoracritus, Poly- 
 cletus, Myron, Praxiteles, and Lysippus exercised, 
 and contributed to bring to perfection, this branch 
 of art. Bronze-casting seems to have declined in 
 Greece soon after the time of Alexander the Great ; 
 about 330 b. c. The accounts given of the num- 
 ber of works executed about that jieriod almost ex- 
 ceed belief. Lysippus alone is said, according to 
 Pliny, to have produced above UOO, or, according 
 to another reading, above 1500. (Plin. H. N. 
 xxxiv. 17 ; Sillig. Cat. Artific. s. Lysippus.) 
 
 The Romans were never distinguished for the 
 cultivation of the arts of design ; and, when statues 
 were required by them in the earlier period of 
 their history, tliey were obliged to call in the aid 
 of Etruscan artists. Afterwards, as their empire 
 was extended, the city was filled with the works 
 of the best schools of Greece, and numbers of artists 
 of that country, no longer able to find employment 
 at home, established themselves in the capital of 
 the West. Zenodorus is said to have executed 
 some magnificent works in the time of Nero ; and 
 the remains of art of the time of Trajan, Hadrian, 
 and the Antonines prove that artists of great skill 
 were living at the date of those emperors. Many 
 of the examples of bronze works that have reached 
 
 us exhibit signs of having been gilt, and the writers 
 of antiquity refer occasionally to the practice. It 
 does not seem to have been employed till Uiste had 
 much deteriorated ; probably when the value and 
 richness of the material were more highly estimated 
 than the excellence of the workmanship. Nero 
 commanded a statue of Alexander, the work of 
 Lysippus, to be gilt; but Pliny (H. N. xxxiv. 19. 
 § (i) tells us it was found to injure the beauty 
 and effect of the work, and the gold was removed. 
 
 The greatest destmction, at one time, of ancient 
 works of art is supposed to have occurred at the 
 taking of Constantinople, in the beginning of the 
 thirteenth century. The collection of statues had 
 been made with great care, and their number had 
 accunmlated to an amount which seems quite sur- 
 prising when it is considered how long a time had 
 elapsed since art had been encouraged or protected. 
 At the period alluded to we are told that some of 
 the finest works of the ancient masters were pur- 
 posely destroyed ; either in mere wantonness, or 
 with the view of turning the material into money, 
 or for sale to the metal founders for the value 
 of the bronze. Among the few works saved from 
 this devastation are the celebrated bronze horses 
 which now decorate the exterior of St. Mark's 
 church at Venice. They have been ascribed, but 
 without sufliicient authority, to Lysippus. 
 
 Before taking leave of the subject of metal-work- 
 ing it may be right to add a few words upon 
 torcuiic art (ropeuTiKr;). From the difference of 
 opinion that exists among antiquaries and scholars 
 it is easier to say what it is not than what it is. 
 Some believe it to be equivalent to the cadutura of 
 the Latins, which seems to mean clmsimj. Others 
 suppose it means the art of turning, from rSpvos : 
 and others think it applies to works in rilievo, from 
 Topos, clear, distinct. Some believe it is the art of 
 uniting two or more metals ; and others that it 
 is the union of metal with any other material. 
 Millingen,who is one of the best authorities on such 
 subjects, says " The art of working the precious 
 metals either separately, or uniting them with other 
 substances, was called toreuiii-e. It was known at 
 a very early epoch, as may be inferred from the 
 shield of Achilles, the ark of Cypselus, and other 
 productions of the kind." (Miilingen, Ancient 
 inedit. Monuments, pi. xiv. ; see also Winckelraan, 
 Sloria delle Arti del Diseijno ; Quatrcraere de 
 Quincy Jiip. Vlymp.) There is an example of 
 this kind of work, noticed by the above writer, 
 in the British Museum. It is not cast, but 
 consists of verj' thin laminated plates of silver, 
 beaten or punched out, and chased. The relief 
 is bold, and the accessories are of sheet gold, 
 overlaid. [R. W — tt.] 
 
 BUC'CINA (^uKtJci)), a kind of horn-trumpet, 
 anciently made out of a shell. It is thus happily 
 described by Ovid {Met. i. 335) : — 
 
 " Cava buccina sumitur illi 
 Tortilis, in latum quae turbine croscit ab imo : 
 Buccina, quae in medio concepit ut aera ponto, 
 Littora voce replet sub utroque jacentia Phoebo." 
 
 The musical instrument buceina nearly resembled 
 in shape the shell liuceinum, and like it, might 
 almost be described from the above lines (in the 
 language of conchologists), as spiral and gibbous. 
 The two drawings in the annexed woodcut agree 
 with this account. In the first, taken from a frieze 
 (Burney's Ilistury of Music, vol. i. pi. fi), the 
 biiccina is curved for the convenience of the per- 
 
168 
 
 BULLA. 
 
 BUSTUARIL 
 
 former, with a very wide month, to diffuse and in- 
 crease the sound. In the next, a copy of an 
 ancient sculpture taken from Blanchini's work {De 
 Mwsicis Indrum. Veterum, p. 15. pi. 2. 18), it still 
 retains the original form of the shell. 
 
 According to Hyginus {Fcil. 273) the buccifia was 
 invented by Tyrrhenus, a son of Hercules, which, 
 if the tradition were of any value, would refer this, 
 as well as many other musical instruments in use 
 among the Romans, to an Etruscan origin. Pro- 
 pertius (iv. Elet/. 1) testifies to its being a very 
 ancient instrument. Athenaeus (iii. p. 86) men- 
 tions a kind of shell called /ci)pu| (according to 
 Casaubon, the shell of the murex), probably from 
 its sonorous qualities. 
 
 The inscriptions quoted by Bartholini {De Tibiis, 
 p. 226) seem to prove that the biwciiia was distinct 
 from the cornu; but it is often (as in Aen. vii. 
 519) confounded with it. The buccina seems to 
 have been chiefly distinguished bj' the twisted 
 form of the shell, from which it was originally 
 made. In later times it was carved from horn, and 
 perhaps from wood or metal, so as to imitate the shell. 
 
 The buccina was chiefly used to proclaim the 
 watches of the day (Seneca, Thyest. 798) and of 
 the night, hence called buccina prima, secunda, &c. 
 (Polyb. xiv. 3; Liv. xxvi. 15; Sil. Ital. vii. 154; 
 Propert. IV. iv. 63 ; Cic. Pro Mur. 9.) It was also 
 blown at funerals, and at festive entertainments 
 both before sitting down to table and after. (Tacit. 
 Au7i. XV. 30.) Macrobius (i. 8.) tells us that tritons 
 holding buccinae were fixed on the roof of the 
 temple of Saturn. 
 
 According to Festus (s. v.), buccina is derived 
 from the Greek ^vAavov, a word not found in the 
 lexicons, or, as others s;iy, from the Hebrew buk, 
 a trumpet. Varro considers it as fomed by 
 Onomatopoeia from io«, in allusion to its sound. 
 It is more probably derived from bucciiium, the 
 name of a shell-fish. 
 
 The sound of the buccina was called bucdnus; 
 and the musician who played it, buccinator (in 
 Greek ^vKavr)T/is). [B. J.] 
 
 BULLA, a circular plate or boss of metal, so 
 called from its resemblance in form to a bubble 
 floating upon water. Bright studs of this descrip- 
 tion were used to adorn the sword-belt (aurea 
 hullis cingula, Virg. Aen. ix. 359 ; bullis asper 
 balteus, Sid. Apoll. Carm. 2). Another use of 
 them was in doors, the parts of which were fasten- 
 ed together by Ijrass-headed, or even by gold- 
 headed nails. (Plant. Asin. ii. iv. 20.) The 
 magnificent bronze doors of the Pantheon at Rome 
 
 are enriched with highly ornamented bosses, some 
 of which are here shown. 
 
 The golden bosses on the doors of the temple of 
 Minerva at Syracuse were remarkable both for 
 their nimiber and their weight. (Cic. Verr. ii. iv. 
 56.) 
 
 We most frequently read, however, of bullae 
 as ornaments worn by children suspended from the 
 neck, and especially by the sons of the noble and 
 wealthy. Such a one is called luures bullatus by 
 Juvenal {Sat. xiv. 4). His bulla was made of thin 
 plates of gold. Its usual form is shown in the' 
 annexed woodcut, which represents a fine bulla 
 preserved in the British Museum, and is of the 
 size of the original. 
 
 The bulla was worn by children of both sexes 
 for ornament, as a token of paternal affection and a 
 sign of high birth (Cic. Verr. ii. i. 58) ; and, as 
 it was given to infants, it sometimes served, like 
 other ornaments or playthings {crepundia), to 
 recognise a lost child. (Plant. Rud. iv. iv. 127.) 
 Probably also it contained amulets. (Macrob. i. 6.) 
 
 Instead of the bulla of gold, boys of inferior 
 rank, including the children of freedmen, wore only 
 a piece of leather {lorum, Plin. H. N. xxxiii. 4 ; 
 nodus tantum et siynum de paupere lore, Juv. v. 
 165; Ubertinis scoriea, Ascon. Ped. in Cie. I.e.). 
 
 On arriving at adolescence, the bulla was laid 
 aside, together with the praetexta, and it was often 
 consecrated on this occasion to the Lares, or to 
 some divinity. (Pers. v. 31.) 
 
 Valerius Maximus (m. i. 1) mentions a statua 
 bullata, and examples of boys represented with the 
 bulla are not unfrequent in statues, on tombs, and 
 in other works of art. (Spon, Misc. p. 299 ; Mid- 
 dleton. Ant. Mon. tab. 3.) [J. Y.] 
 
 BURIS. [Aratrum, p. 70.] 
 
 BUSTUA'RII. [BusTUM.] 
 
BUXUM. 
 
 KABEl'PIA. 
 
 169 
 
 BUSTUM. It was customary amongst the Ro- 
 mans to bum the bodies of the dead before burying 
 them. When the spot appointed for that purpose 
 adjoined the place of sepulture (Tacit. Ann. ii. 73. 
 83 ; Cic. Philip, i. "2) it was termed bustum (Festus, 
 s. v.), and hence that word is said by Cicero {De 
 Leg. ii. 26) to be synonjTuous with TVfiSos : when 
 it was separate from it, it was called ustrina. 
 (Festus, s. V.) 
 
 There was a Bustum at Rome in the centre of 
 the Campus Martins connected with the mau- 
 solemn of Augustus, where the remains of that 
 emperor and many of his family were burnt 
 and buried. It is described by Strabo (v. p. 170. 
 ed. Siebenkees), who says that it was of white 
 stone* surrounded by an iron railing, and planted 
 on the inside ^vith poplars. (Compare Herodian, 
 iv. p. 88. ed. Stephan. 1581.) 
 
 From this word three others derive their signi- 
 fications : — ■ 
 
 I. BusTUARii, gladiators, who were hired to 
 fight round the burning pyre of the deceased, in 
 consequence of the belief that the Manes were 
 gratified by blood. (Serv. in Aen. x. 519 ; compare 
 Hor. Sat. "ii. iii. 85 ; Flor. iii. 20.) 
 
 II. BusTUARiAE, women of abandoned charac- 
 ter, inter husta ac moumnenta prostantes. Mart. III. 
 xciii. 15; i. xxxv. 8; Kirchman, De Fun. Rom. 
 iii. 22.) 
 
 III. BusTiRAPl (Plant. Pseud. I. iii. 127), 
 persons suffering the extreme of poverty ; so called 
 because they satisfied their cravings by snatciiing 
 from the flames of the funeral pyre the bread and 
 other eatables which the superstition of the living 
 dedicated to the dead. (Compare Terent. Eun. iii. 
 ii. 38 ; Lucil. Sat. xxvii. 22. p. 71. ed. Dousa ; 
 Catull. lix. 2.) 
 
 Bustum is also used for the hollow space on the 
 top of an altar in which the fire was kindled. 
 (Tumeb. Advers. xix. 21.) [A. R.] 
 
 BUXUM properly means the wood of the box 
 tree, but was given as a name to many things 
 made of this wood. According to Strabo (xvi. 
 28), the best box-trees grew in the district of 
 Amastriane in Paphlagonia, and especially in the 
 neighbourhood of Cytorus. Pliny (i/. iV. xvi. 28) 
 also names the Gallic, Pyrenaean, Berecyntian, 
 Corsican, and Macedonian boxwood. 
 
 The tablets used for writing on, and covered 
 with wax (tabulae ceratae), were usually made of 
 this wood. Hence we read in Propertius (m. 
 xxii. 8), 
 
 " Vulgari buxo sordida cera fiiit." 
 
 These tabellae were sometimes called ccrata 
 buxra. In the same way the Greek irvt,iov, formed 
 from irij^oj, " box-wood," came to be applied to 
 any tablets, whether they were made of this wood 
 or any other substance ; in which sense the word 
 occurs in the Septuagint (to 7ru|ia to Ai'fliva, 
 Exod. xxiv. 12 ; compare Is. xxx. 8 ; Hob. ii. 2 ). 
 
 Tops were made of box-wood (volubile bua-um, 
 Virg. Aen. vii. 382 ; buxum turquere fagello, Pers. 
 
 * In the year 1777, several blocks of traveriine 
 stone {\l6ov \fVKov, Strabo. I.e.) were discovered 
 in the space before the church of San Carlo al 
 Corso, upon which were inscribed the names of 
 several members of the family of Augustus, -with 
 the words Hic crematus est, which identifies 
 that locality with the bustum of Augustus. The 
 blocks are now preserved a\ the Vatican. 
 
 iii. 51); and also aU wind instruments, especially 
 the flute, as is the case in the present day 
 (^Phiygiique furamine buri, Ovid. Er Pont. I. i. 45 ; 
 compare Met. xii. 158 ; Fast. vi. G97 ; Virg. Aen. 
 ix. 0'19). Combs also were made of the same 
 wood; whence Juvenal (Sat. xiv. 194) speaks of 
 caput iittactum buxo. (Compare Ovid. Fast. vi. 
 229. Detonsos crines depeoeere bujeo.) 
 
 BYSSUS (/SuViros). It has been a subject of 
 some dispute whether the byssus of the ancients 
 was cotton or linen. Herodotus (ii. 80) says that 
 the mummies were wrapped up in byssine sindon 
 (aiuSovos fivaaiPTis TeKafidSffi), which Rosellini 
 and many modern writers maintain to be cotton. 
 The only decisive test, however, as to the material 
 of mummy cloth is the microscope ; and from the 
 numerous examinations which have been made, it 
 is quite certain that the mummy cloth was made 
 of flax and not of cotton, and therefore whenever 
 the ancient writers apply the term byssus to the 
 mummy cloth, we must understand it to mean 
 linen. (Erjt/ptian Antiquities, vol. ii. p. 182 — -196. 
 Lend. 183(i.) 
 
 The word byssus appears to come from the 
 Hebrew butz (y!)3.), and the Greeks probably got 
 it through the Phoenicians. (See Gesenius's 
 Tliesauj-us.) Pausanias (vi. 26. § 4) says that the 
 district of Elis was well adapted for growing 
 byssus, and remarks that all the people, whose 
 land is adapted for it, sow hemp, flax, and byssus. 
 In another passage (v. 5. § 2) he says that Elis is 
 the only place in Greece in which byssus grows, 
 and remarks that the byssus of Elis is not inferior 
 to that of the Hebrews in fineness, but not so yel- 
 low (lai/flTj). The women in Patrae gained their 
 living by making head-dresses (KeKgvtlyaXoi), and. 
 weaving cloth from the byssus grown in Elis. 
 (Pans. vii. 21. § 7.) 
 
 Among later writers, the word byssus may per- 
 haps be used to indicate either cotton or Unen 
 cloth. Biittiger (Sabina, ii. p. 105) supposes that 
 the byssus was a kind of muslin, which was em- 
 ployed in making the celebrated Coan gannents. 
 It is mentioned in the Gospel of St. Luke (xvi. 
 9 ) as part of the dress of a rich man : — ''EveSt- 
 SvaKiTo irop^vpav koX ^iucrou. (Compare Rev. 
 xviii. 12.) It was sometimes dyed of a purple or 
 crimson colour (^vacnvov nop<pvpovv, Hesych.). 
 Pliny ( xix. 4) speaks of it as a species of flax 
 (linum), and says that it served mulierum maxime 
 deliciis. Pollux (vii. 75), also, says that it was a 
 kind of Kivov grown in India ; but he appears to 
 include cotton unde r this term. 
 
 C. K. X. 
 
 KABEl'PIA, mysteries, festivals, and orgies 
 solemnised in all places in which the Pelasgian 
 Cabiri, the most mysterious and perplexing deities 
 of Grecian mythology, were worshipped, but 
 especially in Samothrace, Imbros, Lemnos, Thebes, 
 Anthedon, Pergamus, and Berytos. (Pans. ix. 25. 
 § 5 ; iv. 1. § 5 ; ix. 22. § 5; i. 4. § 6: Euseb. 
 Praep. Evang. p. 31.) Little is known respect- 
 ing the rites observed in these mysteries, as no 
 one was allowed to divulge them. (Strabo, x. p. 
 365. edit. Tauchnitz; Apollon. Rhod. i. 917; 
 Orph. Argon. 469 ; Valer. Fkcc. ii. 435.) Diagoras 
 is said to have provoked the highest indignation of 
 the Athenians by his having made these and other 
 
170 
 
 KAKHrOPl'AS AI'KH. 
 
 KA'KnSIS. 
 
 mysteries public. (Atlienag. Leg. ii. 5.) The most 
 celebrated were those of the island of Samothrace, 
 which, if we may judge from those of Lemnos, 
 were solemnised every year, and lasted for nine 
 days. The admission was not confined to men, 
 for we find instances of women and boys being 
 initiated. (Schol. ad Eurip. Plioeniss. 7 ; Plut. 
 Ale.r. 2 ; Donatus ad Teren. Pliorm. i. 15.) Per- 
 sons on their admission seem to have imdergone a 
 sort of examination respecting the life they had 
 led hitherto {V\\ii.Laced.Apirphth.Avtalcid. p. 141. 
 ed. Tauchnitz), and were then purified of all their 
 crimes, even if they had committed murder. (Livy, 
 xlv. 5 ; Schol. ad Tlwocrit. ii. 12; Hesych. s. v. 
 Koi'rjs.) The priest who undertook the purifica- 
 tion of murderers bore the name of Ko'iiis. The 
 persons who were initiated received a purple rib- 
 bon, which was worn around their bodies as an 
 amulet to preserve them against all dangers and 
 storms of the sea. (Schol. ad Apollon. I. c. ; Diodor. 
 V. 49.) 
 
 Respecting the Lemnian Cabiria we know that 
 their annual celebration took place at night (Cic. 
 De Nat. Dear. L 42), and lasted for nine days, 
 during which all fires of the island, which were 
 thought to be impure, were extinguished, sacrifices 
 were offered to the dead, and a sacred vessel was 
 sent out to fetch new fire from Uelos. During these 
 sacrifices the Cabiri were thought to be absent with 
 the sacred vessel ; after the return of which, the 
 pure fire was distributed, and a new life began, 
 probably with banquets. (Schol. ad Ajmllon. Rliod. 
 i. 608.) 
 
 The great celebrity of the Samothracian mys- 
 teries seems to have obscured and thrown into ob- 
 livion those of Lemnos, from whicli Pythagoras is 
 said to have derived a part of his wisdom. (lam- 
 blich. Vit. Ptfth. c. 151 ; compare MUller's Pruleyo- 
 mena, p. 150.) Concerning the celebration of the 
 Cabiria in other places nothing is known, and they 
 seem to have fallen into decay at a very early 
 period. [L. S.] 
 
 KAKHrOPl'AS AI'KH was an action for abusive 
 language in the Attic courts, called in one passage 
 of Demosthenes (c. Mcid. oii) KaKrjyop'wv SUri, 
 and also called Xoi5op'ias SIkt} {Siukui/ AoiSopi'ar, 
 Aristoph. Ves]). 1241'), and KUKoXoyias Sikt]. This 
 action could be brought against an individual who 
 applied to another certain abusive epithets, such as 
 a.vhp6(povos, naTpaXoias, &c., which were included 
 under the general name of aTrdppura. ['AnO'P- 
 PHTA.] It was no justification that these words 
 were spoken in anger. (Lys. c. Theomii. i. p. 372, 
 373.) By a law of Solon it was also forbidden to 
 speak evil of the dead ; and if a person did so, he 
 was liable to this action, which could be brought 
 against him by the nearest relation of the deceased. 
 (Demosth. c' Leptin. 488; c. Boeoi. 1022; Plut. 
 Sd. c. 21.) If an individual abused any one who 
 was engaged in any public office, the ott'ender not 
 only suffered the ordinary punishment, but incurred 
 the loss of his rights as a citizen (dri^ia), since 
 the state was considered to have been insulted. 
 (Demosth. c. MM. 524.) 
 
 If the defendant was convicted, he had to pay a 
 fine of 500 drachmae to the plaintiff. ( Isoc. c. 
 Loch. 396; Lys. c. Theomn. 354.) Plutarch, 
 however, mentions that, according to one of Solon's 
 laws, whoever spoke evil of a person in the temples, 
 courts of justice, public offices, or in public festi- 
 vals, had to pay five drachmae ; but as Plainer 
 
 {Process bei den Atiikcrn, ii. 192) has observed, 
 the law of Solon was probably changed, and the 
 heavier fine of 500 drachmae substituted in the 
 place of the smaller sum. Demosthenes, in his 
 oration against Meidias (543) speaks of a fine of 
 1000 drachmae ; but this is probably to be ex- 
 plained by supposing that Demosthenes brought 
 two actions KaKfiyopias ; one on his own account, 
 and the other on account of the insults which 
 Meidias had committed against his mother and 
 sister. (Hudtwalcker, Z>«/cM. 150.) 
 
 This action was probably brought before the 
 thesmothetae ( Demosth. c. Aleid. 544 ), to whom 
 the related vSp^as ypa(pi\ belonged. 
 
 KAKOAOn'AS AI'KH. [KAKHPOPI'AS 
 AI'KH.] 
 
 KAKOTEXNirTN AI'KH corresponds in some 
 degree with an action for subornation of perjury. 
 It might be instituted against a party to a previ- 
 ous suit, whose witnesses had already been con- 
 victed of falsehood in an action ^ivZofxapTvpiGv. 
 (Harpocr. s. v. ; Demosth. c. Ev. and JSInes. 1139. 
 11.) It has been also suraiised that this proceed- 
 ing was available against the same party, when 
 persons had subscribed themselves falsely as sum- 
 moners in the declaration or indictment in a 
 previous suit (Meier, Att. Proc. 385) ; and if 
 Plato's authority with respect to the tenns of 
 Attic law can be considered conclusive, other cases 
 of conspiracy and contrivance may have borne 
 this title. (Plato, Ley. xi. 936 E.) With respect 
 to the court into which these causes were brought, 
 and the advantages obtained by the successful 
 party, we have no infonnation. (Meier, Att. Proc. 
 45. 386.) [J. S. M.] 
 
 KA'Kfl2I2, in the language of the Attic law, 
 does not signify every kind of ill-treatment, but 
 
 1. The ill-treatment of parents by their children 
 (kokwctis youewv). 2. Of women by their hus- 
 bands [KtxKwais yvvaiKOuv). 3. Of heiresses («({- 
 Kuais Tuv 67riKA7ipuc). 4. Of orphans and widows 
 by their guardians or any other persons (/co/cw<rii 
 raiv optpavciiv Kal xVP^>'o'ovawy 7ui'oi/ct5y). 
 
 1. KaKwais yoviwv was committed by those who 
 struck their parents, or applied abusive epithets to 
 them, or refused them the means of support when 
 they were able to afford it, or did not burj- them 
 after their death and pay them proper honours. 
 (Aristoph. Av. 757. 1356; Suidas, s. YleXapyiKos 
 NS/mos.) It was no justification for children that 
 their parents had treated them badly. If, however, 
 they were illegitimate, or had not received a proper 
 education from their parents, they could not be 
 prosecuted for KaKucns. (Meier, Att. Process, p. 
 288.) 
 
 2. KctKaxrij yvvaiKwu was committed by hus- 
 bands who ill-treated their wives in any manner, 
 or had intercourse with other women (Diog. Laert. 
 iv. 17; compare Plut. Alcilt. 8), or denied their 
 wives the marriage duties ; for by a law of Solon, 
 the husband was bound to visit his wife three 
 times every month, at least if she was an heiress. 
 (Plut. Sol. c. 20 ; Erotic, c. 23.) In the comedy 
 of Cratinus, called the "Wine Flask" (nunV?)), 
 Comedy was represented as the wife of Cratinus, 
 who brought an action against him because he ne- 
 glected her and devoted all his attention to the 
 wine flask. (Schol. ad Aristoph. Equit. 399.) 
 
 3. KaKoiais rwv 4inK\r]ouv was committed by 
 the nearest relatives of poor heiresses, who neither 
 married them themselves, nor gave them a dowry 
 
IKAAl'SKOI. 
 1 order to marry them to persons of their own 
 ank in life (Demosth. c Mucurt. 1076 ; llarpocr. s. 
 EvlSiKos, 0^T€S; Suid. P/ioi. s. ©ijreus); or, if 
 hey married tlieni themselves, did not perform the 
 iiarriajie duties. ( Plut. Sol. c. "20.) 
 
 4. KoLKwaa Twv 6p(fiav£v koI xOP^vaovadv 
 ivvaiKoiv was connnitted by those who injured in 
 my way either orphans or widows, both of whom 
 ,vere considered to be in an especial manner under 
 he protection of the state. (Demosth. c. Mucart. 
 107(); 0 apxi^v, ('(y'ls iiTfixeKfiTO rwv X'^P^" 
 rwv opcpavav, Ulpian. ad Dcmoslh. c. Tiniocr.) 
 iThe speech of Isaeus on the Inheritance of Uagiiias, 
 is a defence against an (laa-yy(\la KaKcoafuis of 
 uhis kind. 
 
 All these cases of /caicwcris liclonged to the 
 jurisdiction of the chief archon (dpx"'' eTrufi'/xos). 
 If a person wronijed in any way orphans, heiresses, 
 jr widows, the archon could inflict a fine upon them 
 liimself ; or if he considered the person deserving 
 jf greater punishment, coidd bring him before the 
 
 ,heliaca. (Demosth. c. Munirt. D)76. Lcj.) Any 
 private individual could also accuse parties guilty 
 of KOKOKTis by means of laying an infoniiation 
 [el(Tayye\ia) before the chief archon, though some- 
 
 . times the accuser proceedeil by means of a regular 
 indictment (7pa<f<rj), with an dvuKpicris before the 
 archon. (Demosth. f. 7'a»toe«rf. 980.) Those who 
 anused persons guilty of KUKuats incurred no 
 danger, as was usually the case, if the defendant 
 was acquitted, and they did not obtain the fifth 
 
 I part of the votes of the dicasts. (Harpocr. s. 
 EiVo77€Aio.) 
 
 The punishment does not appear to have been 
 fixed for the different cases of KaKwais, but it was 
 generally severe. Those found guilty of K^Kwais 
 yovftiiv lost their civil rights [aTi/x'ta), but were al- 
 lowed to retain their pro])erty [ovtol drip-oi ^aav 
 ri (jwp.ara, tcL Si xP'Jm"'''''' ^^X'^"^ Andoe. iJc 
 Myst. 'Mi; Xen. Mem. ii. 2. § 13); but if the 
 KUKwais consisted in beating their parents, the 
 hands of the offenders might even be cut oft'. 
 (Meursius, T/icm. Attic, i. 2.) 
 CADA'VER. [F.UNds.] 
 
 KAAI'2KOI or KA'AOI, also KAAAI'SKOI 
 (Pollux, X. 1,5. 20), were small vessels or urns, in 
 which the counters or pebbles of the dicasts were 
 put, when they gave their votes on a trial. (Harpo- 
 crat. s. V.) There were in fact usually two 
 KaSiVjcoi: one, that in which the voting pebble was 
 put; this was made of copper: the other, that in 
 which the other pebble, which had not been used, 
 was put; this was made of wood. (See Isaeus, 
 De Huc/n. Hured. § 281 ; Lj'curg. c, Leocrat. 
 240.) Those who did not vote at all put both 
 their pebbles into the latter, which was called the 
 aKvpos KaS't(TKos, while the other was called Kvpios 
 KaSifTKos. After all had voted, the presidnig officer 
 emptied the counters or pebbles from the metal 
 urn, the Kvpios KaSiffKos, and counted them on a 
 table ; and judgment was then given accord- 
 ingly. (Meier, Att. Process, p. 720 — 4.) The 
 pebbles were distinguished from one another 
 by proper marks. Formerly only one urn had 
 been used ; and the dicasts kept the counter which 
 they did not use. (Pollux, viii. 125.) This vessel 
 was called also dn<f>opcvs. Sometimes also the 
 dicasts had only one counter each, and there were 
 two Kad'KTKoi, one for acquitting, the other for con- 
 demning. (Meir, Att. I'roc. p. 724.) 
 
 When there were several contesting parties, there 
 
 CADUCEUS. 171 
 
 were several (taSiV/foi, according to the number of 
 the parties; as in Demosthenes (c. Mucart. 
 p. 10.)3. 10. ed. Bekk.) there were four. The 
 dicasts then had either one pebble, which they put 
 into the KaS'ia-Kos of the party in whose favour they 
 meant to vote ; or they had as many pebbles as 
 there wore koSiVkoi, (but only one favourable one 
 among them,) which they put in according to their 
 opinion. (Meier, Att. Process.) The pebble was 
 dropped into the urn through a long tube, which 
 was called Krifuis. (Photius, s. v. ; PoUux, x. 1.5.) 
 The noise which the pebble m.ade in striking 
 against the bottom of the KaSidKos was represented 
 l)y the syllable kS-/^. (See Mr. G. (J. Lewis, 
 Pliilolofi. Mus. vol. i. p. 425, note.) [A. A.] 
 
 CADU'CEUS {KTipvKfwu, KTipvKtov, Thucj'd. i. 
 53; K-npvKrj'tov, Herod, ix. 100) was the staff or 
 mace carried by heralds and ambassadors in time 
 of war. (Pollux, viii. 138.) This name is also 
 given to the staff with which Hermes or Mercury 
 is usxudly represented, as is shown in the following 
 figure of llernios, taken from an ancient vase, 
 which is given in Millin's Puiniurcs de Vases An- 
 tiques, vol. i. pi. 70. 
 
 The caducous was originally only an oHve branch 
 with the a-Tefinaa-w, which were afterward fonned 
 into snakes. (MUUcr, A rchciu/o(/ie der Kunst, p. 
 504.) Later mythologists invented tales about 
 these snakes. Hyginus tells us that Mercury once 
 found two snakes fighting, and divided them with 
 his wand ; from which circumstance they were 
 used as an emblem of peace. (Compare Plin. H. 
 N. xxix. 3.) 
 
 From caducous was formed the word caduceator, 
 which signified a person sent to treat of peace, 
 (Liv. xxxii. 32 ; Nep. Ilunuih. c. 1 1 ; Amm. xx. 
 7.) Thus Aulus Gellius (x. 27) tells us that Q. 
 Fabius sent to the Carthaginians a spear and a 
 caducous as the emblems of war or peace {Itastam 
 et caduceum, sif/na duo belli aid pacis J. The per- 
 sons of the caduceatores were considered sacred. 
 (Cato, ap. Fcsl. s. v. ; Cic. I)c Orat. i. 4().) 
 
 It would appear, however, that the Roman 
 ambassadors did not usually carry the caducous, 
 since Marcian (Dig. i. tit. 8. s. 8)" informs us that 
 
172 
 
 CALANTICA. 
 
 CALANTICA. 
 
 the Roman ambassadors carried vervain (ser/mina) 
 that no one might injure them, in the same man- 
 ner as the Greek ambassadors Ciirried the cerycia 
 (KTjpv/cia). 
 
 CADU'CUM. [Bona Caduca.] 
 
 CADUS (ttaSoy, kcISSos), a large earthem 
 vessel, which was used for several purposes among 
 the ancients. Wine was frequently kept in it ; 
 and we leam from an author quoted by Pollux that 
 the amphora was also called cadus (Pollux, x. 70, 
 71 ; Suidas, s. KdSos). The vessel used in draw- 
 ing water from wells was called cadus (e/c rciv 
 (ppedruv tovs KaSovs ^vWaf^Sdvuv, Aristoph. 
 Eccles. 1003; Pollux, x. 31), or 7ai;Ao's. (Suidas, 
 s. rai/A(5s.) The name of cadus was sometimes 
 given to the vessel or urn in which the counters or 
 pebbles of the dicasts were put, when they gave 
 their vote on a trial, but the diminutive Ka^iaKos 
 was more commonly used in this signification. 
 [KAAI'SKOI.] 
 
 CAELATU'RA. [Bronze, p. 167.] 
 
 CAERITUM TABULAE. The inhabitants 
 of Caere obtained from the Romans, in early times, 
 the Roman franchise, but without the sujfi-ayium 
 (GeU. xvi. 13; Strabo, v. p. 220). Some ancient 
 writers thought that the Caerites originally had 
 the full franchise, and were afterwards deprived of 
 the suffragium. (Schol. ad Hor. Ep. I. vi. 63.) 
 The names of the citizens of Caere were kept at 
 Rome in lists called tabulae Caerilum, in which 
 the names of all other citizens, who had not the 
 suffragium, appear to have been entered in later 
 times. All citizens who were degraded by the cen- 
 sors to the rank of aerarians, were classed amongst 
 the Caerites ; and hence we find the expressions 
 of acrarimn facere (Gell. iv. 12), and in tahulus 
 Caeritum referri (Gell. xvi. 13), used as synoni- 
 mous. [Abrarii.] 
 
 CALAMIS'TRUM, an instrument made of 
 iron, and hollow like a reed {calamus), used for 
 curling the hair. For this purpose it was heated, 
 the person who performed the office of heating it 
 in wood-ashes (ci/ivi) being called ciiiijlo, or cinera- 
 rius. (Hor. Sat. I. ii. 98, Heindorf, ad loc.) 
 
 This use of heated irons was adopted very early 
 among the Romans (Plaut. A sin. m. iii. 37), and 
 became as common among them as it has been in 
 modem times. (Virg. Aen. xii. 100, Servius, 
 Heyne, ad loc.) In the age of Cicero, who fre- 
 quently alludes to it, the Roman youths, as well as 
 the matrons, often appeared with their hair curled 
 in this manner {calainintrati). We see the result 
 in many antique statues and busts. [J. Y.] 
 
 CAL'AMUS (Ka\a/ios, Pollux, x. 15), a sort 
 of reed which the ancients used as a pen for writ- 
 ing. ( Cic. Ad Att. vi. 8 ; Hor. De Art. Poet. 447.) 
 The best sorts were got from Aegypt and Cnidus. 
 (Plin. H. N. xvi. 36. 64.) So Martial (xiv. 38), 
 " Dat chartis habiles calamos Memphitica tellus." 
 When the reed became blunt, it was sharpened with 
 a knife, scalprum libranum ( Tacit. A tin.v. 8 ; Suet. 
 ViteM. 2) ; and to a reed so sharpened the epithet 
 temperatus, used by Cicero, probably refers (Cic. 
 Ad Qu. F. ii. 15, "calamo et atramento temperate 
 res agetur"). One of the inkstands given under 
 the article Atramentum has a calamus upon 
 it. The calamus was split like our pens, and 
 hence Ausonius (vii. 49) calls it fasipes, or cloven- 
 footed. [A. A.] 
 
 CALANT'ICA orCALVA'TICA, a head-dress. 
 This word is sometimes given as answering to the 
 
 Greek MKpv(paKos, but the Latin reticulum (quoa 
 capillum contineret, diiium a rete reticnlum, Varro. 
 Z)ci/!«f?.Z,a;.v.29) corresponds better to KfKpv<pa\os. 
 which was a caul or coif of network for coverini 
 the hair, and was worn by women during the day 
 as well as the night. This kind of covering for 
 the head was very ancient ; for it is mentioned by 
 Homer (//. xxii. 469), and it also appears to have 
 been commonly used. It occurs in several paint- 
 ings found at Pompeii, from one of which the fol- 
 lowing cut is taken, representing Neptune and a 
 nymph, on whose head this kind of network ap- 
 pears. (Mitseo Burbo?nco,\o\. vi. pi. 18.) 
 
 The persons who made these nets were called 
 K(Kpu<f>a\oTr\6Koi (Pollux, vii. 179), and also 
 (TaKxv(f'dvTai (Demosth. c. Oli/mpiod. c. 3. p. 1170) 
 according to Pollux (x. 192), who explains the 
 word by o'l ir\eK0VT(s rats yuvai^l toi5s K€Kpv- 
 (pdKovs. These nets appear to have been some- 
 times made of gold threads (Petron. 67 ; Juv. ii. 
 96), and at other limes of silk (Salmas, Eierc. ad 
 Sulin. p. 392), or the Elean byssus (Paus. vii. 21. 
 § 7), and probably of other materials which are 
 not mentioned by ancient writers. 
 
 The head-dress made of close materials must be 
 distinguished from the KeKpvtpd^os or reticulum. 
 The fonner was called mitra or calantica, which 
 words are said to be synonjTnous (Serv. ad Aen. 
 ix. 616), though in a passage in the Digest (34. 
 tit. 2. s. 25. § 10) they are mentioned together as 
 if they were distinct. Such head-dresses frequently 
 occur in paintings on vases. Their forms are very 
 various, as the two following woodcuts, taken from 
 Millm, Peintures de Vases Antiques (vol. i. pi. 59 ; 
 vol. ii. pi. 43), will show. 
 
 The first is an exact copy of the painting on the 
 vase, and represents a man and a woman reclining 
 on a couch, with a small figure standing by the wo- 
 man's side, the meaning of which is not quite clear. 
 
 The next woodcut only contains a part of the 
 original painting, which consists of many other 
 female figures, engaged in the celebration of certain 
 mysteries. 
 
 The mitra was originally the name of an eastern 
 head-dress, and is sometimes spoken of as charac- 
 
CALATHUS. 
 
 CALCEUS. 
 
 173 
 
 tiM'istic of the Phrygians. (Virg. Aen. ix. 61(5, 617.) 
 I'liuy (xxxv. 3.5) says that Polygiiotus was the first 
 w ho painted Greek women initris verskoloribus. 
 
 It appears from a passage in Martial (fortior 
 inlorlos servat vesica capillos, viil. xxxiii. 19) that 
 a bladder was sometimes used as a kind of cover- 
 ing for the hair. 
 
 CAL'ATHUS, dim. CALATHIS'CUS (koAo- 
 6os, KaKaS'iaKot), also called TA'AAPOS usually 
 signified the basket in which women placed their 
 work, and especially the materials for spinning. 
 Thus, Pollux (x. 125) speaks of both rdXapos and 
 KoXaios 3.% tt\s yvvaiKwv'iTiSoi CKeuT): and in an- 
 other passage (vii. 29), he names them in connec- 
 tion with spinning, and says that the raKapos and 
 (coXofli'iTKOS were the same. These baskets were 
 made of osiers or reeds ; whence we read in Pollux 
 (vii. 173) tr\€K€iv raXcipovs Kol Ka\a6i(TK0vs, and 
 in Catullus (Ixiv. 319)— 
 
 " Ante pedes autem candentis mollia lanae 
 Vellera virgaii custodiebant calathiaci.'''' 
 They appear, however, to have been made in earlier 
 times of more valuable materials, since we read in 
 Homer (Od. iv. 125) of a silver raAapos. They 
 frequently occur in paintings on vases, and often 
 indicate, as Bdttiger ( Vasengem. iii. 44) has re- 
 marked, that the scene represented takes place in 
 the gj'naeconitis, or women's apartments. In the 
 following woodcut, taken from a painting on a vase 
 (MiUin, Peiniurcs dc Vases Aniiqiics, vol. i. pi. 4), 
 a slave, belonging to the class called quasillariae, is 
 presenting her mistress with the calathus, in which 
 the wool was kept for embroidery, &c. 
 
 Baskets of this kind were also used for other pur- 
 poses (Bottiger, Sabina, vol. ii. p. 252. 258), such 
 
 as for carrying fruits, flowers, &c. (Ovid, Art. Am. 
 ii. 2U4.) The name of calathi was also given to 
 cups for holding wine (Virg. Ed. v. 71). 
 
 Calathus was properly a Greek word, though 
 used by the Latin writers. The Latin word cor- 
 responding to it was qmlus (Hor. Carm. III. xii. 
 4), or quasill/ts (Festus s. Calathus; Cic. Philip, iii. 
 4 ; Prop. IV. vii. 37). From quasillus came quasil- 
 laria, the name of the slave who spun, and who 
 was considered the meanest of the female slaves. 
 (Convocat unities (juasilla Has, familkieque sordissi- 
 mam partem, Petron. c. 132; compare Tibull. iv. 
 X. 3, and Heyne, ad !oc.) 
 
 CALCAR, a spur, that is a goad attached to 
 the heel (caljr) in riding on horseback, and used 
 to urge on the horse to greater swiftness. (Isid. 
 Orig. XX. 16.) 
 
 The early adoption of this contrivance by the 
 Romans appears from the mention of it in Plautus 
 (Asin. III. iii. 118) and Lucretius (v. 1074). It is 
 afterwards often alluded to by Cicero {I)e Orat. 
 iii. 9 ; Epist. ad. Atf. vi. 1), Ovid {De Panto, ii. 6. 
 38 ; iv. 2. 35), Virgil (ferrata calce, Aen. xi. 714), 
 and subsequent Roman authors. On the other 
 hand, we do not find that the Greeks used spurs, 
 and this may account for the fact, that they are 
 seldom, if ever, seen on antique statues. 
 
 The spurs of a cock are called calcaria. (Col. De 
 Re Rust. viii. 2.) [J.Y.] 
 
 CALCEUS (dim. CALCEOLUS), CALCEA- 
 MEN, CALCEAMENTUM {i-woHixa, ir^SiAou), 
 a shoe or boot, any thing adapted to cover and pre- 
 serve the feet in walking. 
 
 The use of shoes was by no means universal 
 among the Greeks and Romans. The Homeric 
 heroes are represented without shoes when anned 
 for battle. [Arma ; Balteus.] According to the 
 institutions of Lycurgus, the young Spartans were 
 brought up without wearing shoes (dvviroSria'ia, 
 Xen. Rep. Lac. 2), in order that they might have 
 the full use of their feet in running, leaping, and 
 climbing. Socrates, Phocion, and Cato frequently 
 went barefoot (avuTroSTjToy, Aristoph. Nub. 103. 
 362 ; Xen. Mem., i. 6. § 2 ; Pint. Phoc. and Cat. ; 
 pedenudo. Hot. Ep. i.xix. 12). The Roman slaves 
 had no shoes {nudo tain, Juv. vii. 1 6), their naked 
 feet being marked with chalk or gj'psum. The co- 
 vering of the feet was removed before reclining 
 at meals. [Coena.] To go barefoot also indicated 
 haste, grief, distraction of mind, or any violent 
 emotion, as when Venus goes in quest of Adonis 
 {atravZoAos, Bion, i. 21), and when the vestals flee 
 from Rome with the apparatus of sacred utensils. 
 (Flor. i. 13.) For similar reasons sorceresses go 
 with naked feet, when intent upon the exercise of 
 
174 CALCEUS. 
 
 maeical arts (Sen. Hfeilea, iv. 2. 14 ; ?iuda pedem, 
 Ovid, Met. vii. 183 ; pediljus nadis, Hor. Sat. i. viii. 
 24), althougli sometimes one foot only was unshod 
 {icuum e.ruta pedem vindis, Virg. Ae?>. iv. .'jlB), and 
 is so painted on fictile vases. That it was a very 
 rare thing at Rome to see a respectaljle female out 
 of doors without shoes, is clear from the astonish- 
 ment experienced by (Jvid, until he was informed 
 of the reason of it, in a particular instance. 
 
 " Hue pede matronam vidi descendere nudo : 
 Obstupui tacitus, sustinuicjue gradum." 
 
 The feet were sometimes bare in attendance on 
 funerals. Thus the remains of Augustus were col- 
 lected from the pyra by noblemen of the first rank 
 with naked feet. (Suet. Aitrj. 100.) A picture 
 found at Herculaneum exhibits persons with naked 
 feet engaged in the worship of Isis (Attt. d^Ercol. 
 ii. 320) ; and this practice was obseiwed at Rome 
 in honour of Cybele (Prudent. Peris. 154). In 
 case of drought, a procession and ceremonies, called 
 Nudipedalia, were performed with a view to pro- 
 pitiate the gods by the same token of grief and 
 humiliation. (Tertull. Apol. 40.) 
 
 The idea of the defilement arising from contact 
 with any thing that had died, led to the entire dis- 
 use of skin or leather by the priests of Egypt. 
 Their shoes were made of vegetable materials 
 {ealceos ex papyro. Mart. Cap. 2). [Baxa.] 
 
 Those of the Greeks and Romans who wore 
 shoes, including generally all persons except youths, 
 slaves, and ascetics, consulted their convenience, 
 and indulged their fancy, by inventing the greatest 
 possible variety in the forms, colours, and materials 
 of their shoes. Hence we find a multitude of 
 names, the exact meaning of which it is impossible 
 to ascertain ; but which were often derived either 
 from the persons who were supposed to have 
 brought certain kinds of shoes into fashion, or from 
 the places where they were procured. We read, 
 for example, of " shoes of Alcibiades of " Sicyo- 
 nian," and " Persian," which were ladies' shoes 
 (Cic. De Orat. i. 54. Hesych.) ; of " Laconian," 
 which were mens' shoes (Aristoph. TIws. 14!)); and 
 of " Cretan," " Milesian," and " Athenian " shoes. 
 
 The distinctions depending upon form may be 
 generally divided into those in which the mere sole 
 of a shoe was attached to the sole of the foot by 
 ties or bands, or by a covering for the toes or the 
 instep [SoLEA ; Crepida ; Soccus] ; and those 
 which ascended higher and higher, according as 
 they covered the ankles, the calf, or the whole of 
 the leg. To calceamcnta of the latter kind, i. e. to 
 shoes and boots as distinguished from sandals and 
 slippers, the term " calceus " was applied in its 
 proper and restricted sense. 
 
 Besides the difference in the intervals to which 
 the calceus extended from the sole upwards to the 
 knee, other varieties arose from its adaptation to 
 particular professions or modes of life. Thus the 
 caliga was principally worn by soldiers ; the pero, 
 by labourers and rustics ; and the cothurnus, by 
 tragedians, hunters, and horsemen. 
 
 Understanding " calceus " in its more confined 
 application, it included all those more complete 
 coverings for the feet which were used in walking 
 out of doors or in travelling. As most commonly 
 worn, these probably did not much differ from our 
 shoes, and are exemplified in a painting at Hercu- 
 laneum {Ant. d'£rco/<ino, i. Tai: 21), which repre- 
 sents a female wearing bracelets, a wreath of ivy, and 
 a panther's skin, while she is in the attitude of dan- 
 
 CALCEUS. j 
 
 cing and playing on the cymbals. Her shoes are 
 yellow, illustrating the fact that they were worn of 
 various colours, especially by females. The shoe- 
 ties (corru/iue) are likewise yellow. These shoes 
 appear light and thin, corresponding to the dress 
 
 and attitude of the wearer. On the other hand, a 
 marble foot in the British Museum exhibits the 
 fonn of a man's shoe. Both the sole and the 
 upper leather are thick and strong. The toes are 
 uncovered, and a thong passes between the great 
 and the second toe as in a sandal. 
 
 For an example of calcei reaching to the middle 
 of the leg, see the figure of Orestes in Amentum 
 (p. 37). In thePanathenaic frieze of the Parthenon, 
 boots, much like his, but reaching still higher, are 
 worn by many of the Athenian horsemen. They 
 are fastened tightly below the knee, and fit closely 
 in every part, showing how completely the sculptor 
 avoided the reproach of making the foot " float " 
 in the shoe {natare, Ovid ; €V€ov iy Tats ifiSdcriv, 
 Aristoph. Eqidt. 321). In many statues the flaps 
 are produced by turning down the head and claws 
 of the quadruped, out of whose hide the boot was 
 made. We often see it laced in front. [Cothur- 
 nus.] 
 
 Upon no part of their dress did the ancients be- 
 stow greater attention than upon this. Theophras- 
 tus [Char. 4) considers it as a proof of rusticity to 
 wear shoes larger than the foot. (Compare Hor. 
 ^f/.i.iii. 32.)If,on the one hand, Ovid (/)« ^rt.^m. 
 
CALENDAR (GREEK). 
 
 CALENDAR (GREEK). 175 
 
 < 51 fi) advises the lover, jVcc i\t<ius in laia pes iibi \ 
 He naM, we find Quintilian, on the otlier hand, 
 iving down similar maxims for the statesman and 
 le orator. (/«s.O;-.xl.3.p.439.ed. Spalding.) Over- 
 icoty produced the inconvenience of pinching shoes 
 Hor. Bp. I. X. 43), especially when they were 
 ointed at the toes and turned upwards {uncinati). 
 iesides the various and splendid colours of the 
 !ather, the patterns still existing on marble statues 
 how that it was cut in a very elaborate manner. 
 Vhen LucuUus triumphed after his victories in 
 Vsia, he displayed line shoes from Syria, painted 
 nth spots in imitation of jewels. (Serv.«(/yle«.iv. 
 !61.) Real gems and gold were added by some of 
 ■he emperors, especially Heliogabalus, who wore 
 Deautiful cameos on his boots and shoes ; but with 
 he natural effect of exciting ridicule rather than 
 idmiration. (Lamp. Hel. 23 ; Aleje. Sev. 4.) 
 
 The form and colour of the calceus were also 
 miong the insignia of rank and office. Those who 
 vere elevated to the senate wore high shoes like 
 niskins, fastened in front with four black thongs 
 nigris pellihiis, Hor. Sut. i. vi. 27 ; Heindorf, ad 
 ,'oc.), and adorned with a small crescent. (Mart. ii. 
 29; Juv. vii. 192.) Hence Cicero {Phil. xiii. 13), 
 speaking of the asumption of the senatorial dignity 
 by Asinius, says mutavit calceos. Another man, in 
 similar circumstances, was told that his nobility 
 was in his heels. (Philostr. Herod, viii.) Among 
 the calcei worn by senators, those called mullei, 
 from their resemblance to the scales of the red 
 mullet (Isid. Or. xix. 14), were particularly ad- 
 mired ; as well as others called aliitae, because the 
 leather was softened by the use of alum. (Mart. 
 Juv. U. cc. ; Lydus, de Mag. i. 32; Ovid, De Art. 
 'Am. iii. 271.) [J- Y.] 
 
 CALCULA'TOR (\oyi<rTris) signifies a keeper 
 of accounts in general, but was also used in the 
 signification of a teacher of arithmetic ; whence 
 Martial (x. 62) classes him with the notarius or 
 writing-master. The name was derived from ra^- 
 culi, which were commonly used in teaching arith- 
 metic, and also in reckoning in general. [Abacus, 
 No. VI.] Among the Greeks the Koyianqs and 
 ypanixaTKrT^s appear to have been usually the 
 same person. 
 
 In Roman families of importance there was a 
 ' calculator or account-keeper (Dig. 38. tit. 1. s. 7), 
 I who is, however, more frequently called by the 
 name of ditjyensator or procurator, who was a kind 
 of steward (Cic. Ad Att. xi. 1 ; Plin. Ep. iii. 19; 
 Suet. GaU. c. 12; Ve.p. c. 22). 
 
 CALCULI were little stones or pebbles, used 
 for various purposes ; such, for example, as the 
 Athenians used in voting [KAAl'iKOI], or 
 , such as Demosthenes put in his mouth when 
 , declaiming, in order to mend his pronuncia- 
 tion. (Cic. De Oral. i. 61.) Calculi were used 
 in playing a sort of draughts. [Latrunculi.] 
 Subsequently, instead of pebbles, ivory, or silver, or 
 gold, or other men (as we call them ) were used ; 
 but stiU called calculi. The calcuh were hicolores. 
 (Sidon. Epist. viii. 12 ; Ovid. Trist. ii. 477 ; Mart. 
 jBpig. xiv. 17. 2 ; xiv. 20.) Calculi were also used 
 in reckoning, and hence the phrases calculuni 
 ponere (Colum. iii. 3), calculum suhducere. (Cic. 
 De Fin. ii. 19, &c.). [Abacus, No. vi.] [A. A.] 
 CALDA. [Calida.] 
 CALDA'RIUM. [B.\ths, p. 139.] 
 CALENDAR (GREEK). The Greek year 
 was divided into twelve lunar months, depending 
 
 on the actual changes of the moon. The first day 
 of the month {vovnr\v'ia) was not the day of the 
 conjunction, but the day on the evening of which 
 the new moon first appeared ; consequently full 
 moon was the middle of the month, and is called 
 Stxotiy]vii, or "the divider of the month." (Pindar, 
 Oh/mp. iii. 34.) The lunar month consists of 29 
 days and about 13 hours; accordingly, some 
 months were necessarily reckoned at 29 days, and 
 rather more of them at 30 days. The latter were 
 called full months (irArjpeis), the former liollotv 
 months (koTAoi). As the twelve lunar months fell 
 short of the solar year, they were obliged every 
 other year to interpolate an intercalary month 
 {fx-^v €tJ.So\ifj.aios) of 30 or 29 days. The ordinary 
 year consisted of 354 days ; and the interpolated 
 year, therefore, of 384 or 383. This inteqjolated 
 year (rpieTrjpis) was seven days and a half too 
 long; and to correct the error, the intercalary month 
 was, from time to time, omitted. The Attic year 
 began with the summer solstice : the following is 
 the sequence of the Attic months, and the number 
 of da3's in each : — Hecatombaeon (30), Metageit- 
 nion (29), Boedromion (30), Pyanepsion (29) 
 Maemacterion (30), Poseideon (29), Ganielion 
 (30), Anthesterion (29), Elaphebolion (30), Mu- 
 nychion (29), Thargelion (30), Scirophorion (29). 
 The intercalary month was a second Poseideon in- 
 serted in the middle of the year. Every Athenian 
 month was divided into three decads. The days 
 of the first decad were designated as iffTajxivov or 
 apxafJ-evov /tirjcoj, and were counted on regularly 
 from 1 to 10: thus, Sevrepa apx^h^""" or iara- 
 fievov is " the second day of the month." The 
 days of the second decad were designated as iirl 
 Se/co, or fieaouvros, and were counted on regularly 
 from the 11th to the 20th day, which was called 
 (Xkus. There were two wa_ys of counting tlie days 
 of the last decad : they were either reckoned on- 
 wards from the 20th (thus, TrptLry] sttI ei'/caSi was 
 the 21st); or backwards from the last daj', with 
 the addition (pdivovTos, iravofievov, KTiyovTos, or 
 dir'iovros, thus, the 21st day of a hollow month 
 was fvdrri (pBlvovTos — of a full month, Se/car?? 
 (pB'wovTos. The last day of the month was called 
 ffTj KoX C60, " the old and new;" because, as the 
 lunar month really consisted of more than 29 and 
 less than 30 days, the last day might be considered 
 as belonging equally to the old and new month. 
 (See Aristoph. Nidt. 1131, &c.) 
 
 The first calendars of the Greeks were founded 
 on rude observations of the rising and setting of 
 certain fixed stars; as Orion, the Pleiades, Arctunis, 
 &c. The earliest scientific calendar, wliich super- 
 seded these occasional observations, was that of 
 Meton. He observed that 235 lunar months cor- 
 respond very nearly to 19 solar years. According- 
 ly, he introduced a cycle of 19 years, or 6940 days, 
 distributed into months, so that they corresponded 
 to the changes of the moon throughout the whole 
 period. This cycle was called the year of Meton 
 ( McToiTOS eviavrSs), and the calendar based upon 
 it was published at Athens in 01. 86, 4. The 
 calendar commenced with the month Scirophorion 
 (16th July, B.C. 432). This cycle of 19 years 
 was an extension of the octaeteris of Cleostratus, 
 which contained 8 years, or 99 mouths, or 2922 
 days. Three of the months in the octaeteris were 
 intercalary, occurring in the third, fifth, and eighth 
 years of the cycle. If Meton had reckoned every 
 I month full, his cycle would have contiiined 7050 
 
176 CALENDAR (ROMAN). 
 
 days, or 7050—6940 = 110 days too much; con- 
 sequently, it was necessary to take 11 (J hollow 
 months in each cycle. Dividing 7050 by 110 we 
 get the quotient 64, which denotes the interval be- 
 tween every two successive days to be rejected 
 (t^/xepai e^aipeffi/toi). Meton's canon begins with 
 two full months, and then we have liollow and full 
 months alternately ; but after the interchange has 
 taken place eight times, two full months come to- 
 gether, because there must be 1 7 full months in every 
 32. The Metonic cycle was corrected in 01. 110, 
 by Callippus of Cyzicus. INIeton had made the 
 solar year of a day too long. Callippus accord- 
 ingly assumed a4x 19 = 76 years' cj-cle, omitting 
 one day, or 27759 days. The epocli of this cycle is 
 28th June, B. c. 330, 01. 112, 3. A further cor- 
 rection of the Metonic cycle was introduced by 
 Hipparchus, the celebrated astronomer, as even 
 Callippus had still left the solar year too long by 
 •^ij- of a day ; he therefore assumed a cycle of 
 4x4x19=4x76 years, wanting one day, or 
 1 11035 days. This period of 304 years, with 112 
 intercalary months, is called the year of Hip- 
 parchus. 
 
 Separate years were designated at Athens by 
 the name of the chief archon, hence called apxojy 
 enccvv/jLOS, or "• the name-giving archon at Sparta, 
 by the first of the ephors ; at Argos, by the 
 priestess of Juno, &c. The method of reckoning 
 by Olympiads was brought into use by Timaeus 
 of Tauromenium about 01. 130. As this clumsy 
 method of reckoning is stiU retained, it will be 
 right to give the rules for converting Olympiads 
 into the year B. c, and vicf versa. 
 
 I. To find the year B.C., given the nth year of 
 OL p., take the foi-mula 781 — (4 + n). If the 
 event happened in the second half of the Attic 
 year, this must be further reduced by 1 ; for the 
 Attic year, as mentioned above, commenced with 
 the summer solstice. Thus Socrates was put to 
 death in Thaigelion of 01. 95, 1. Therefore in B. c. 
 ( -I 781 — (4 X 95 + 1) I- — 1) = (781 — 381) 
 — 1 = 400 — 1 = 399. 
 
 II. To find the Olympiad, given the year n 
 
 B. c, take the formula '^^^ — — - The quotient is 
 
 the 01. and the remainder the current year of it ; if 
 there is no remainder, the current year is the 4th 
 of the Olympiad. If the event happened in the 
 second half of the given year, it must be increased 
 by 1. Thus, to take the event just mentioned, 
 
 o . * * .1 ,1, 781 —(399 + 1) 
 
 Socrates was put to death . ■ — '- 
 
 4 
 
 _781— 400 
 
 01. 95, 1. Demosthenes was 
 781 — 382 
 
 bom in the summer of 382, therefore in 
 
 4 
 
 = = 01. 99, 3. 
 4 
 
 On the Greek calendar in general the reader 
 may consult Ideler's Hantlbuch der Mathema- 
 tischen mid Technischcr. Chronologie. Th. i. p. 227 
 —392. [J. W. D.] 
 
 CALENDAR [Calendar (Roman).] 
 
 CALENDAR (ROMAN), Calendai-ium, or 
 rather Kalendariura. 
 
 The Year of Romtdus. — The name of Romu- 
 lus is commonly attached to the year which is 
 said to have prevailed in the earliest times 
 of Rome ; but tradition is not consistent with 
 
 CALENDAR (ROMAN). 
 
 regard to the form of it. The historians Licinius 
 Macer and Fenestella maintained that the oldest 
 year consisted of twelve months, and that it was 
 already in those days an annus veiiens, that is, a 
 year which coincided with the period of the sun's 
 course. Censorinus, however, in whose work this 
 stiitemjnt occurs (De Die Natcdi, c. 20 ; compare 
 also the Ijeginning of c. 19), goes on to say that 
 more credit is due to Graccanus, Fulvius (Nobilior), 
 Varro, and others, according to whom the Romans 
 in the earliest times, like the people of Alba from 
 whom they sprang, allotted to the j'ear but ten 
 months. This opinion is supported by Ovid in 
 several passages of his Fasti (i. 27. 43 ; iii. 99. 
 119. 151); by Gellius {Nod. Att. iii. 16), Mac- 
 robius {Saturn, i. 12), Solinus {Polyh. i.), and 
 Servius {ad Georg. i. 43). Lastly, an old Latin 
 year of ten months is implied in the fact, that at 
 Laurentum (Macrob. 15) a sacrifice was offered to 
 Juno Kalendaris on the first of every month ex- 
 cept Febmary and January. These ten months 
 were called Martins, Aprilis, Mains, Junius, Quinc- 
 tilis, Sextilis, September, October, November, De- 
 cember. That March was the first month in the 
 year is implied in the last six names ; and even 
 Plutarch, who ascribes twelve months to the Ro- 
 mulian year {Numa, c. 18), places Januarius and 
 Februarius at the end. The fact is also confirmed 
 by the ceremony of rekindling the sacred fire in 
 the temple of Vesta on the first day of March, by 
 the practice of placing fresh laurels in the public 
 buildings on that day, and by many other customs 
 recorded by Macrobius (i. 12). With regard to 
 the length of the months, Censorinus, Macrobius, 
 and Solinus agree in ascribing thirty-one days to 
 four of them, called pleiii menses; thirty to the 
 rest, called cavi menses. The four longer months 
 were Martins, Mains, Quinctdis, and October; 
 and these, as Macrobius observes, were distin- 
 guished in the latest form of the Roman calendar 
 by having their nones two days later than any of 
 the other months. The symmetry of this arrange- 
 ment will appear by placing the numbers in suc- 
 cession -.—3 1 , 30; 31, 30; 31, 30, 30 ; 31 ; 30, 
 30. Ovid, indeed, appears to speak of the months 
 as coinciding with the lunar period: — 
 "Annus erat decimum cum luna repleverat annum:" 
 but the language of a poet must not be pressed too 
 closely. On the other hand, Plutarch, in the pas- 
 sage already referred to, while he assigns to the old 
 year twelve months and 365 days, speaks of the 
 months as varying without system between the 
 limits of twenty and thirty-five days. Such an 
 irregidarity is not incredible, as we find that even 
 when Censorinus wrote (a. d. 238), the Alban 
 calendar gave 36 days to March, 22 to May, 18 to 
 Sextilis, and 16 to September ; while at Tusculum 
 Quinctilis had 36 days, October 32 ; and again at 
 Aricia the same month, October, had no less than 
 39. (Censorinus, c. 22.) The Romulian year, if 
 we follow the majority of authors, contained but 
 304 days ; a period dift'ering so widely from the real 
 length of the sun's course, that the months would 
 rapidly revolve through all the seasons of the year. 
 This inconvenience was remedied, says Macrobius 
 (i. 1 3), by the addition of the proper number of 
 days required to complete the year ; but these days, 
 he goes on to say, did not receive any name as a 
 month. Servius speaks of the intercalated period 
 as consisting of two months, which at first had no 
 name, but were eventually called after Janus and 
 
CALENDAR (ROMAN). 
 
 ebruus. That some system of intercalation was 
 iiployed in the Romulian j'ear, was also the 
 )iiiion of Licinius Macer. (Macrob. i. 13.) This 
 ipears to be all tliat is handed down with regard 
 . the earliest year of the Romans. 
 As a year of ten months and 304 days, at once 
 ils greatly short of the solar year, and contains 
 1 rxact number of lunations, some have gone so 
 r as to dispute the truth of the tradition in whole 
 ■ part, while others have taxed their ingenuity to 
 count for the adoption of so anomalous a year, 
 ntcanus {De Numlinis, in Graevius' Thesaurus, 
 il. viii.), calling to mind that the old Roman or 
 trtiscan week contained eight days, every eighth 
 ly being specially devoted to religious and other 
 iblic purposes, under the name of /loiiue or luiu- 
 nne, was the first to point out that the number 
 )4 is a precise multiple of eight. To this observ- 
 ion, in itself of little moment, Niebuhr has given 
 me weight, by further noticing that the 38 nun- 
 iH's in a year of 304 days tally exactly with the 
 imber of dies fasti afterwards retained in the Ju- 
 ui calendar. Another writer, Pontedera, ob- 
 rved that 304 bore to 365 days nearly the ratio 
 .5 to 6, six of the Romulian j-ears containing 1824, 
 r of the longer periods 1825 days ; and Niebuhr 
 Hist. vol. i. p. 271), who is a warm advo- 
 , te of the ten-month year, has made much use of 
 , is consideration. He thus explains the origin of 
 e well-known quinquennial period called the 
 strum, which Censorinus (c. 18) expressly calls 
 1 U7mus may/ius, that is, in the modem language 
 chronology, a cycle. Moreover, the year of ten 
 inths, says tlie same writer (p. 279), was the 
 nn for mourning, for paying portions left by will, 
 r credit on the sale of yearly profits ; most pro- 
 ibly for all loans; and it was the measure for 
 (■ most ancient rate of interest. [Interest of 
 (iNEY.] Lastly, he finds in the existence of this 
 "i t year the solution of certain historical difficul- 
 - s. A peace, or rather truce, with Veil was con- 
 uded in the year 280 of Rome, for 40 years. In 
 ■16 Fidenae revolted and joined Veil, which im- 
 lies that Veil was already at war with Rome ; yet 
 le Veientines are not accused of having broken 
 leir oaths. (Liv. iv. 17.) Again, a twenty-vears' 
 uce, made in 329, is said, by Livy, to have ex- 
 ired in 347 (iv. 58). These facts are explained 
 11' supposing the years in question to have been 
 .ose of ten months, for 40 of these are equal 
 • 33^ ordinary years, 20 to 1 6f ; so that the 
 ,nner truce terminated in 314, the latter in 346. 
 milarly, the truce of eight years concluded with 
 c Volscians in 323, extended in fact to no more 
 an 6§ full years ; and hence the Volscians re- 
 imed the war in 331, without exposing them- 
 ■Ives to the charge of perjury. 
 These ingenious and perhaps satisfactory' specu- 
 tions of the German critic, of course imply that 
 le decimestrial year still survived long after the 
 gal government had ceased ; and in fact he be- 
 ,;ves that this year, and the lunar year, as deter- 
 mined by Scaliger's proposed cycle of 22 years, co- 
 ;isted from the earliest times down to a late 
 iriod. The views of Niebuhr do not require that 
 . e months should have consisted of 31 or 30 days ; 
 deed it would be more natural to suppose that 
 cli month, as well as the year, contained a precise 
 nnber of eight-day weeks ; eight of the months, 
 r instance, having four such weeks, the two others 
 It three. Even in the so-called calendar of Numa 
 
 CALENDAR (ROMAN). 177 
 
 we find the Etruscan week affecting the division of 
 the month, there being eight days between the 
 nones and ides, from which circumstances tlie nones 
 received their name ; and again two such weeks 
 from the ides to the end of tlie month ; and this, 
 whether the whole month contained 31 or 29 
 days. 
 
 The Year of Numa. — Having described the Ro- 
 mulian J'ear, Censorinus (c. 20) proceeds thus : — 
 " Afterwards, either by Numa, as Fulvius has it, 
 or according to .Jiniius by Tarquiu, there was in- 
 stituted a year of twelve months and 355 days, 
 although the moon in twelve lunations appears to 
 complete but 354 days. The excess of a day was 
 owing, either to error, or what I consider more 
 probable, to that superstitious feeling, according to 
 which an odd number was accounted full (ptenus) 
 and more fortunate. Be this as it may, to the 
 year which had previously been in use (that of 
 Romulus) one-and-fifty days were now added ; but 
 as these were not sufficient to constitute two months, 
 a day was taken from each of the before-mentioned 
 hoUow months, which added thereto, made up 57 
 days, out of which two months were formed, Janu- 
 arius with 29, and Februarius with 28 days. Thus 
 all the months henceforth were full, and contained 
 an odd number of days, save Februarius, which 
 alone was hollow, and hence deemed more unlucky 
 than the rest." In this passage it is fitting to ob- 
 serve that the tenns p/eni and eari nw/iscs are ap- 
 plied in a sense precisely opposite to the practice of 
 the Greek language in the phrases lifjves ■rrKripeTs 
 and Koi\oi. The mysterious power ascribed to an 
 odd number is familiar from the Numero deus im- 
 pare yaudet of Virgil. Pliny also {H. N. xxviii. 
 .5) observes, — Impares numcros mi omnia vehemen- 
 tiores crcdiiuus. It was of course impossible to 
 give an odd number of days at the same time to 
 the year on the one hand, and to each of the twelve 
 months on the other; and yet the object was in 
 some measure effected by a division of February 
 itself into 23 days, and a supernumerary period of 
 five days. (See the mode of intercalation below.) 
 The year of Numa then, according to Censorinus, 
 contained 355 days. Plutarch tells us that Numa 
 estimated the anomaly of the sun and moon, by 
 which he means the difference between twelve 
 lunations and the sun's annual course at eleven 
 days, i. c. the difference between 365 and 354 days. 
 Macrobius, too, says that the year of Numa had at 
 first 354, afterwards 355 days. Compare herewith 
 Livy, i. 19; Ovid's Fasti, i. 43; iii. 151; Aure- 
 lius Victor, c. 3 ; Floras, i. 2; Solinus, c. I. 
 
 Twelve lunations amount to 354 days, 8h. 48' 
 36", so that the so-called year of Numa was a 
 tolerably correct lunar year ; though the months 
 would have coincided more accurately with the 
 single lunations, if they had been limited to 30 and 
 29 days, instead of 31, 29, and 28 days. That it 
 was, in fact, adapted to the moon's course is the con- 
 current assertion of ancient writers, more particu- 
 larly of Livy, who says: {Numa) omnium primuni 
 ad cursu/n lunae in duodecim mensis describit annum. 
 Unfortunately however, many of the same writers 
 ascribe to the same period the introduction of such 
 a system of intercalation as must at once have disloc- 
 ated the coincidence between the civil month and the 
 lunar period. At the end of two years the year of 
 Nimia would have been about 22 days in arrear of 
 the solar period, and accordingly it is said an intercal- 
 ary month of that duration, or else of 23 days, was in- 
 
178 CALENDAR (ROMAN). 
 
 serted at or near the end of February, to bring the 
 civil year into agreement with the regular return of 
 the seasons. Of this system of intercalation a more 
 accurate account shall presently be given. But 
 there is strong reason for believing that this parti- 
 cular mode of intercalation was not contemporary 
 in origin with the year of Nuraa. 
 
 In antiquarian subjects it will generally be found 
 that the assistance of etymology is essential ; be- 
 cause the original names that belong to an institu- 
 tion, often continue to exist, even after such changes 
 have been introduced, that they are no longer 
 adapted to the new order of things ; thus they 
 survive as useful memorials of the past. In this 
 way we are enabled by the original meaning of 
 words, aided by a few fragments of a traditional 
 character, to state that the Romans in early times 
 possessed a year which altogether depended upon 
 the phases of the moon. The Latin word mensis 
 (Varro, De Ling. Led. vi., or in the old editions, v. 
 54), like the Greek fi'^v or /lels, and the English 
 month, or German monat/i, is evidently connected 
 with the word «ioon. Again, while in the Greek 
 language the name vovfitiuia (new-moon), or 'ipij 
 Kol via., given to the first day of a month, betrays 
 its lunar origin ; the same result is deduced from 
 the explanation of tlie word kalendae, as found in 
 Macrobius (i. 1.5). " In ancient times," says that 
 writer, " before Cn. Flavins the scribe, against the 
 pleasure of the patricians, made the fasti known to 
 the whole people (the end of the 4th century B. c), 
 it was the duty of one of the pontifices minores to 
 look out for the first appearance of the new moon ; 
 and as soon as he descried it, to carry word to the 
 rex sacrificulus. Then a sacrifice was offered by 
 these priests, after which the same pontifex having 
 summoned the plebs (cuhita plcbe) to a place in the 
 capitol, near the Curia Calabra, which adjoins the 
 Casa Romuli, there announced the number of days 
 which still remained to the nones, whether five or 
 seven, by so often repeating the word koAm." 
 There was no necessity to write this last word in 
 Greek characters, as it belonged to the old Latin. 
 In fact, in this very passage, it occurs in both 
 calida and calahra ; and again, it remained to the 
 latest times in the word nomendatot: In regard 
 to the passage here quoted from Macrobius, it must 
 be recollected that while the moon is in the imme- 
 diate \dcinity of the sun, it is impossible to see it 
 with the naked eye, so that the day on which it is 
 first seen is not of necessity the day of the actual 
 conjunction. We leam elsewhere that as soon as 
 the pontifex discovered the thin disc, a hjonn was 
 Bung, beginning Jana novella, the word Jana (Ma- 
 crob. Sat. i. 9 ; Varro, De Re Rust. i. 37) being 
 only a dialectic variety of Diana, just as Diespiter 
 or Diupiter corresponds to Jupiter ; and other ex- 
 amples might readily be given, for the change occurs 
 in almost every word which has the syllaliles dc or 
 di before a vowel. Again, the consecration of 
 the kalends to Juno (Ovid, Fasti, i. 55 ; vi. 39 ; 
 Macrob. Sat. i. 9. 15) is referred by the latter 
 writer to the fact that the months originally began 
 with the moon, and that Juno and Luna are tlie 
 same goddess ; and the poet likewise points at the 
 same connection in his explanation of Juno's 
 epithet Lucina. Moreover, at Laurentum Juno 
 was worshipped as Juno Kalendaris. Even so late 
 as 448 B. c. strictly lunar months were still in use ; 
 for Dionysius (^l«/(^. x. 59) says that Appius, in 
 that year, received the consular authority on the 
 
 CALENDAR (ROMAN). 
 
 ides of May, being the day of full moon, for at 
 that time, he adds, the Romans regulated their 
 months by the moon. In fact, so completely was 
 the day of the month, which they called the ides, 
 associated with the idea of the full moon, that 
 some derived the word dird roO dSovs, quod eo die 
 plenani specic/n bma demoyistret. (Macrob. ihid.) 
 Quietly to insert the idea of plenam, when the 
 Greek word signified merely speciem, is in accord- 
 ance with those loose notions which prevailed in 
 aU ancient attempts at etymology. But though 
 the derivation is of course groundless, it is of histo- 
 rical value, as showing the notion connected with 
 the tenn ides. 
 
 For the same reason probably, the ides of March 
 were selected for the sacrifice to the goddess Anna 
 Perenna, in whose name we have nothing more 
 than the feminine form of the word amius, which, 
 whether written with one n or two, whether in its 
 simple form annus, or diminutive annulus, still 
 always signifies a circle. Hence as the masculine 
 form was easily adopted to denote the period of the 
 sun's course, so the feminine in like mannei 
 might well be employed to signify, first the moon'i- 
 revolution, and then the moon herself. The tend- 
 ency among the Romans to have the same word 
 repeated, first as a male and then as a female deity, 
 has been noticed by Niebuhr; and there occurs a 
 complete parallel in the name Dianus, afterwards 
 Janus, for the god of dies, or light, the sun ; Diana 
 afterwards Jana, for the goddess of light, the moon : 
 to say nothing of the words Jupiter and Juno, 
 Tliat the month of March should have been select 
 ed arose from its being the first of the year, and t 
 sacrifice to the moon might well take place on the 
 day when her power is fully displayed to man 
 The epithet Perenna itself means no more thar 
 evcr-ciniiny. Nay, Macrobius himself (c. 12) con- 
 nects tlie two words with annus, when he states 
 the object of the sacrifice to be — ut annate peren- 
 narerjue commode liceat. 
 
 Another argument in favour of the lunar origir 
 of the Roman month, is deducible from the practice 
 of counting the days backward from the Kalends 
 Nones, and Ides ; for the phrases will then amoun 
 to saying — " It wants so many days to the new 
 moon, to the first quarter, to full moon." It woule 
 be difficult, on any other hypothesis, to account fo 
 the adoption of a mode of calculation, which, ti 
 our notions at least, is so inconvenient ; and indeei 
 it is expressly' recorded that this practice was de 
 rived from Greece, under which temi the Athe 
 nians probably are meant ; and by these we knov 
 that a strictly lunar year was employed down to ; 
 late period. (Macrob. 16.) 
 
 But perhaps the most decisive proof of all lies ii 
 the simple statement of Livy (i. 19), that Num: 
 so regulated his lunar year of twelve months b 
 the insertion of intercalaiy months, that at the en' 
 of every nineteenth year it again coincided witi 
 the same point in the sun's course from whicl 
 it started. His words axe— Quern {annum 
 intercalaribiis mensihus interpoTicndis ita dispell 
 savit nt vicensimo anno ml metam eandem soh 
 unde orsi sunt, plenis annorum omnium spaiiu 
 dies conyruerent. We quote the text; becaus 
 editors, in support of a tlieory, have take 
 the liberty of altering it by the insertion of th 
 word quarto, forgetting too that the words quart 
 et vicensimo anno signify, Tiot even/ txrentii-fourl 
 year, which their thaory requires, but every twent; 
 
CALENDAR (ROMAN). 
 
 !iird, according to that peculi.ir error of the 
 ioraans which led them to count both the ex- 
 rcraes in defining the interval from one point to 
 Mother; and which still survives in the medical 
 ihrases tertian and quartan a</ue, as well as in the 
 'rench expressions huit jours for a iveek, and quinze 
 'ITS for a fortnight. Accordingly it is not doing 
 iolence to words, but giving the strict and neces- 
 ary meaning to them, when, in our own transla- 
 i(in of the p;issage in Livy, we express vicetisimo 
 'ii/:o by evert/ nineteenth year. 
 
 Now 1 9 years, it is well known, constitute a most 
 ■niivenient cycle for the conjunction of a lunar and 
 "lar year. A mean lunation, or synodic month, ac- 
 "I'ding to modern astronomy, is iPd. r2h. 44' 3", 
 md a mean tropical year 365d. 5h. 48' 48". Hence it 
 '.vill be found, that 235 lunations amount to 6f)39d. 
 Ifih. 31' 45", while 19 tropical years give ()939d. 
 I4h. 27' 12", so that the difference is only 2h. 
 1' 33". Although it was only in the second cen- 
 :vay B. c. that Hipparchus gave to astronomical ob- 
 H-rvations a nicety which could pretend to deal with 
 M conds;*yet even in the regal period of Rome, 
 tlie Greek to^vns in the south of Italy must already 
 have possessed astronomers, from whom the inhabi- 
 'tants of Latium could have borrowed such a rough 
 practical knowledge of both the moon and sun's 
 ]K'riod, as was sufficient to show that at the end of 
 1 9 solar years the moon's age would be nearly 
 what it was at the commencement ; and it should 
 lie recollected that the name of Numa is often con- 
 nected by tradition with the learning of Magna 
 Graecia. At any rate a cycle of 19 years was in- 
 troduced by Meton at Athens, in the year 432 
 B. c. ; and the knowledge of it among the learned 
 may probably have preceded, by a long period, its 
 introduction into popular use, the more so as religi- 
 ous festivals are generally connected with the vari- 
 ous di\'isioiis of time, and superstition therefore, 
 would be most certainly opposed to innovations of 
 this nature. How the Romans may have inter- 
 calated in their 19 lunar years the seven additional 
 months which are requisite to make up the whole 
 number of 235 (= 12x 19 + 7) lunations, is a 
 subject upon which it would be useless to speculate. 
 From a union of these various considerations, it 
 must be deemed highly probable that the Romans 
 at one period possessed a diwsion of time depend- 
 ent upon the moon's course. 
 
 Year of the. Decemviri (so called by Ideler). — The 
 motives which induced the Romans to abandon the 
 lunar year are no where recorded ; nor indeed the 
 date of the change. We have seen however, that 
 even in the year 448 b. c, the year was still regu- 
 lated by the moon's course. To this must be added 
 that, according to Tuditanus and Cassias Hemina, 
 a bill on the subject of intercalation was brought 
 before the people by those decemviri, who added 
 the two new tables to the preceding Ten ( Macrob. 
 13), that is in the year 450 B. c. That the atten- 
 tion of these decemviri was called to the calendar 
 is also proved by the contents of the Eleventh Table, 
 wherein it is decreed that " the festivals shall be 
 set down in the calendars." We have the autho- 
 rity of Varro indeed, that a system of intercalation 
 already existed at an earlier date ; for he says that 
 there was a very ancient law engraved on a bronze 
 pillar by L. Pinarius and Furius in their consulate 
 
 CALENDAR (ROMAN). 
 
 179 
 
 * His valuation of the sj-nodic month was 29d. 
 12h. 44' 3J". (Ptolem. Almaf/. iv. 2.) 
 
 Oii mentio intercalaris ascribitur. We add the last 
 words in Latin from the text of Macrobius (c. 1 3), 
 because their import is doubtful. If we are right 
 in inteq)reting them thus — " the date upon which 
 is expressed by a month called intercalary^'' all 
 that is meant may be one of the intercalary luna- 
 tions, which must have existed even in the old lunar 
 year. At the period of the decemviral legislation 
 there was, probably, instituted that form of the 
 j'ear of 354 days, which was corrected by the short 
 intercalary month, called Mercedonius, or Mercidi- 
 nus ; but so corrected as to deprive the year and 
 months of all connection with the moon's course. 
 The length of the several ordinary months was pro- 
 bably that which Censorinus has erroneouslj' allot- 
 ted to the months of Numa's lunar year, viz. : — 
 Martius 31 days. September 29 days. 
 Aprilis 29 „ October 31 „ 
 
 Maius 31 „ November 29 • „ 
 Junius 29 „ December 29 „ 
 
 Quinctilis 31 „ Januarius 29 „ 
 Sextilis 29 „ Februarius 28 „ 
 
 Such, at any rate, was the number of days in 
 each month immediately prior to the Julian correc- 
 tion ; for both Censorinus and Macrobius say that 
 Caesar added two days to Januarius, Sextilis, and 
 December, and one to Aprilis, Junius, September, 
 and November. Hence Niebuhr appears to have 
 made an error when he asserts (ii. 531. note 1179) 
 that July acquired two more days at the reform- 
 ation of the calendar, and founds thereon a charge 
 of carelessness against Livy. That November had 
 but 29 days prior to the correction, in other words, 
 that the XVII. Kal. Dec. immediately followed the 
 Tdus Nov., appears likewise, from a comparison of 
 Cicero's letters to Tiro {Ad Fam. xvi. 7. 9); 
 for he reaches Corcyra a. d. V. Id. Nov., and on 
 the XV. Kal. Dec. complains — Septumum jam diem 
 tenebamur. The seven days in question would be 
 IV. Id., III. Id., Prid. Id., Id. Nov., XVII. Kal. 
 Dec, XVI. Kal. Dec, XV. Kal. Dec That the 
 place of the nones and ides was in each month the 
 same before the Julian correction as afterwards, is 
 asserted by Macrobius. 
 
 The main difficulty is with regard to the mode 
 of intercalation. Plutarch, we have already ob- 
 served, speaks of an intercalation, by him referred 
 to Numa, of 22 days in alternate years in the 
 month of February. Censorinus, with more pre- 
 cision, says that the number of days in each inter- 
 calation was either 22 or 23, and Macrobius agrees 
 with him in substance. Of the point at which the 
 supernumerary month was inserted, the accounts 
 are these: — Varro {DeLing. Lat. vi. 55) says, the 
 twelfth month was February ; and when intercala- 
 tions take place, the five last days of this month 
 are removed. Censorinus agrees herewith, when 
 he places the intercalation generally (potissimum) in 
 the month of February, between the Terminalia 
 and the Regifugium, that is immediately after the 
 day called by the Romans a. d. VJ. Kal. Mart., or 
 by us the 23rd of Februarj'. This, again, is con- 
 firmed by Macrobius. The setting aside of the five 
 last days agrees \vith the practic ewhich Herodotus 
 ascribes to the Egyptians of considering the five 
 days over the 3fi0 as scarcely belonging to the 
 year, and not pricing them in any month. So com- 
 pletely were these five days considered by the 
 Romans to be something extraneous, that the 
 soldier appears to have received pay only for 360 
 davs. For in the time of Augustus the soldier re- 
 
 N 2 
 
180 CALENDAR (ROMAN). 
 
 CALENDAR (ROMAN). 
 
 ceived deni asses per day, i. e. of a denarius ; 
 but Domitian (Suet. Dom. 7) addirlit quartmn sti- 
 pendium aureos ternos. Thus, as 25 denarii made 
 an aureus, the annual pay prior to Domitian was 
 
 360 X 10 , .. 360 X 10 ■ a ■ a 
 
 denani, or aurei = 9 aurei : and 
 
 16 16X25 
 thus the addition of three aurei was precisely a fourth 
 more. Lastly, the festival Tenninalia, as its name 
 implies, marked the cud of the year, and this by 
 the way again proves that March was originally 
 the first month. 
 
 The intercalary month was called MepKiSivos, or 
 Mfp/cTjSoi'ios. (Plutarch, Nzima 19; Cues. 59.) 
 We give it in Greek characters, because it happens 
 somewhat strangely that no Latin author has men- 
 tioned the nam<', the term mensis interkalaris or 
 interkalarius supplying its place. Thus, in the year 
 of intercalation, the day after the ides of February 
 was called, not as usual a. d. XVI. Kalendas 
 Martias, but a. d. XI. Kalendas interkalaris. So 
 also there were the Nonae interkalares, and Idus 
 interkalares, and after this last came either a. d. 
 XV. or XVI. Kal. Mart., according as the month 
 had 22 or 23 days, or rather, if we add the five 
 remaining days struck oif from February, 27 or 28 
 days. In either case the Regifugium retained its 
 ordinary designation a. d. VI. Kal. Mart. (See 
 Asconius, Ad Oral, pro Milone, and the Fasti Tri- 
 umphalcs, 493. A. u. c.) When Cicero writes to 
 Atticus, Accept tiias Utteras a. d. V. Terminalia 
 {i. e. Feb. 19); he uses this strange mode of de- 
 fining a date, because, being then in Cilicia, he was 
 not aware whether any intercalation had been in- 
 serted that year. Indeed, he says, in another part 
 of the same letter, Ea sic ohservabo, quasi interka- 
 latum lion sit. 
 
 Besides the intercalary month, mention is occa- 
 sionally made of an intercalary day. The object 
 of this was solely to prevent the first day of the 
 year, and perhaps also the nones, from coinciding 
 with the nimdinae, of which mention has been 
 already made. (Macrob. 13.) Hence in Livy (xlv. 
 44), Intercalatmn eo anno; postridie Terminalia 
 interca/arcs /uerunt. This would not have been 
 said had the day of intercalation been invariably 
 the same; and again Livy (xliii. 11), Hoc anno 
 intcrcalatum est. Tertio die post Terminalia Ccden- 
 dae intercalares fuere., i. e. two days after the Ter- 
 minalia, so that the dies intercalaris was on this 
 occasion inserted, as well as the month so called. 
 Nay, even after the reformation of the calendar, 
 the same superstitious practice remained. Thus, 
 in the year 40 b. c, a day was inserted for this 
 purpose, and afterwaids an omission of a day took 
 place, that the calendar might not be disturbed. 
 (Dion Cass, xlviii. 33.) 
 
 The system of intercalating in altemate years 
 22 or 23 days, that is of ninety days in eight years, 
 was boiTowed, we are told by Macrobius, from the 
 Greeks ; and the assertion is probable enough, first, 
 because from the Greeks the Romans generally de- 
 rived all scientific assistance ; and secondly, because 
 the decemviral legislation was avowedly deduced 
 from that quarter. Moreover, at the very period in 
 question, a cycle of eight years appears to have 
 been in use at Athens, for the Metonic period of 
 19 years was not adopted before 432 u. c. The 
 Romans, however, seem to have been guilty of 
 some clumsiness in applying the science they de- 
 rived from Greece. The addition of ninety days 
 in a cycle of eight years to a lunar year of 354 
 
 days, would, in substance, have amounted to the 
 addition of Hi ( = 90-^-8) days to each year, so 
 that the Romans would virtually have possessed 
 the Julian calendar. As it was, they added the 
 intercalation to a year of 355 days ; and conse- 
 quently, on an average, every year exceeded its 
 proper length by a day, if we neglect the inaccu- 
 racies of the .lulian calendar. Accordingly we find 
 that the civil and solar years were greatly at vari- 
 ance in the year 564 A. u. c. On the 11th of 
 Quinctilis, in that year, a remarkable eclipse of the 
 sun occurred. (Liv. xxxvii. 4.) This eclipse, says 
 Ideler, can have been no other than the one which 
 occurred on the 14th of March, 190 B.C. of the 
 Julian calendar, and which at Rome was nearly 
 total. Again, the same historian (xliv. 37) men- 
 tions an eclipse of the moon which occurred in the 
 night between the 3rd and 4th of September, in 
 the j'ear of the city 586. This must have been 
 the total eclipse in the night between the 21st and 
 22nd of June, 168 B. c. 
 
 That attempts at legislation for the purpose of 
 correcting so serious an error were actually made, 
 appears from Macrobius, who, aware himself of the 
 cause of the error, says that, by way of correction, in 
 every third octoennial period, instead of 90 inter- 
 calary days, only 66 were inserted. Again it ap- 
 pears that M'Acilius Glabrio, in his consulship 
 169 B. c, that is, the very year before that in 
 which the above-mentioned lunar eclipse occurred, 
 introduced some legislative measure upon the sub- 
 ject of intercalation. (Macrob. 13.) Accord- 
 ing to the above statement of Macrobius, a cycle 
 of 24 years was adopted, and it is this very 
 passage which has induced the editors of Livy 
 to insert the word quarto in the text already 
 quoted. 
 
 As the festivals of the Romans were for the most 
 part dependent upon the calendar, the regidation 
 of the latter was intrusted to the college of ponti- 
 fices, who in early times were chosen exclusively 
 from the body of patricians. It was therefore in 
 the power of the college to add to their other means 
 of oppressing the plebeians, by keeping to them- 
 selves the knowledge of the days on which justice 
 could be administered, and assemblies of the people 
 could be held. In the year 304 B. c, one Cn. 
 Flavins, a secretaxy (scriba) of Appius Claudius, is 
 said fraudulently to have made the Fasti public. 
 (Liv. xi. 46 ; Cic. Pro Muraeiia, c. 1 1 ; Pliny, 
 H. N. xxxiii. 1 ; Val. Max. ii. 5 ; A. Gellius, \n. 9 ; 
 Macrob. i. 1 5 ; Pomponius De Origine .Juris in the 
 Digests 1. tit. 2 ; and Cicero Ad Att. vi. 1.) It appears, 
 however, from the last passage that Atticus doubt- 
 ed the truth of the story. In either case, the other 
 privilege of regulating the year by the insertion of 
 the intercalary month gave them great political 
 power, which they were not backward to employ. 
 Every thing connected with the matter of inter- 
 calation was left, says Censorinus (c. 20), to the 
 unrestrained pleasure of the pontificcs ; and the 
 majority of these, on personal grounds, added to or 
 took from the year by capricious intercalations, so 
 as to lengthen or shorten the period during which 
 a magistrate remained in ottice, and seriously to 
 benefit or injure the fanner of the public revenue. 
 Similar to this is the language employed by Mac- 
 robius (i. 14), Ammianus (xxvi. 1), Solinus (c. i), 
 Plutarch {Cues. c. 59), and their assertions are eon- 
 firmed by the letters of Cicero, written during his 
 proconsulate in Cilicia, the constant burtlien of 
 
CALENDAR (ROMAN). 
 
 \\ liiuli is a reciuest that the poutifices will not add 
 to liis year of government by intercalation. 
 
 In consequence of this licence, says Suetonius 
 {Cacs. 40), neither the festivals of the harvest 
 coincided with the summer, nor those of the vin- 
 tage with the autumn. But we cannot desire a 
 lii'tter proof of the confusion than a comparison of 
 tliree short passages in the third book of Caesar's 
 ISM.Cic. (c. (i), Pridic tionas Janiiarias naris solvil 
 — (c. l)),Jainque hietns adpropiiiqiiabat — (c. 2.5), miilli 
 i'liii menses tramsierant el hieing jam prutmjntai'erat. 
 
 Year of Julius Caesar. — In the year 4fa' B. c. 
 Caesar, now master of the Roman world, crowned 
 liis other great services to his country by employ- 
 ing his authority, as pontifex maximus, in the cor- 
 rection of this serious evil. For this purpose he 
 availed himself of the services of Sosigenes, the 
 jieripatetic, and a scriba named M. Flavins, though 
 he himself too, we are told, was well acquainted 
 ^^•ith astronomy, and indeed was the author of a 
 ^vork of some merit upon the subject, which was 
 NtiU extant in the time of Pliny. The chief autho- 
 rities upon the subject of the Julian reformation 
 are Plutarch {Cues. c. 59), Dio Cassius (xliii. 
 -0); Appiaii {De Bell. Cii: ii. ad extr.), Ovid 
 (Fusli, ill. 155), Suetonius {Cues. c. 40), Pliny 
 (//. A'', xviii. 57), Censorinus (c. 20), Macrobius 
 ,{Sat. i. 14), Ammianus Mareellinus (xxvi. 1), 
 i Solinus (i. 45). Of these Censorinus is the most 
 I)recise : — " The confusion was at last," says he, 
 •■ carried so far tliat C. Caesar, tiie pontife.x maxi- 
 mus, in his tliird consulate, with Lepidus for his 
 I colleague, inserted between November and Decem- 
 
 ■ ber two intercalary months of 67 days, the montli 
 of February having already received an intercala- 
 tion of 23 days, and thus made the whole year 
 to consist of 445 days. At the same time he pro- 
 
 ■ vided against a repetition of similar errors by cast- 
 ing aside the intercalary month, and adapting the 
 year to the sun's course. Accordingly, to the 355 
 days of the previously existing year, he added ten 
 days, which he so distributed between the seven 
 months having 29 days, that January, Sextilis, and 
 December received two each, the others but one ; 
 and these additional days he placed at the end of 
 the several months, no doubt with the wish not to 
 remove the various festivals from those positions in 
 the several months wliich they had so long occu- 
 pied. Hence in the present calendar, although 
 there are seven months of 31 days, yet the four 
 months, which from the first possessed that num- 
 ber, are still distinguishable by having their nones 
 on the seventh, the rest having them on the Hfth 
 of the month. Lastly, in consideration of the 
 quarter of a day, which he considered as complet- 
 ing the true year, he established the rule that, at 
 the end of every four years, a single day should be 
 intercalated, where the month had been hitherto 
 inserted, that is, immediatelj' after the Terminalia ; 
 which day is now called the Bissextura." 
 
 This year of 445 days is commonly called by 
 chronologists the year of confusion ; but by Mac- 
 robius, more fitly, the last year of confusion. The 
 kalends of January, of the year 7U8 A. u. c, fell on 
 the 13th of October, 47 B. c. of the Julian calen- 
 dar ; the kalends of Marcii, 7U8 A. u. ( ., on the 1st 
 of January, 46 B. c. ; and lastly, the kalends of 
 January, 709 a. u. c, on the 1st of January, 45 
 B. c. Of the second of the two intercalary months 
 inserted in this year after November, mention is 
 made in Cicero's letters {Ad Fain. vi. 14). 
 
 CALENDAR (ROMAN). 181 
 
 It was probably the original intention of Caesar 
 to commence the year with the shortest day. The 
 winter solstice at Rome, in the year 46 B. c, occur- 
 red on the 24tli of December of the .Julian calendar. 
 His motive for delaying the commencement for seven 
 days longer, instead of taking the following day, was 
 probably the desire to gratify the superstition of the 
 Romans, by causing the first year of the reformed 
 calendar to fall on the day of the new moon. Accord- 
 ingly, it is found that the mean new moon occurred 
 at Rome on the 1st of January, 45 B.C., at 6h. 16' 
 P.M. In this way alone can be explained the phrase 
 used by Macrobius : Annum cirilem Caesar, haljiits 
 ad lunam diitwnsionihus constitutum, edicto palum 
 proposito piMii-ai'il. This edict is also mentioned 
 by Plutarch where he gives the anecdote of Cicero, 
 who, on being told by some one that the constel- 
 lation Lyra would rise the next morning, observed, 
 " Yes, no doubt, in obedience to the edict." 
 
 The mode of denoting the days of the month 
 will cause no difficulty, if it be recollected, that the 
 kalends ah\-ays denote the first of the month, that 
 the nones occur on the seventh of the four months 
 March, May, Quinctilis or July, and October, and 
 on the fifth of the other months ; that the ides 
 alwaj-s fall eight days later than the nones ; and 
 lastly, that the intermediate days are in all cases 
 reckoned backwards upon the Roman principle 
 already explained of counting both extremes. 
 
 For the month of January the notation will be 
 as follows : — 
 
 1 Kal. Jan. 17 a. d. XVI. Kal. Feb. 
 
 2 a. d. IV. Non. Jan. 18 a. d. XV. Kal. Feb. 
 
 3 a. d. III. Non. .Ian. 19 a. d. XIV. Kal. Feb. 
 
 4 Prid. Non. Jan. 20 a. d. XIII. Kal. Feb. 
 
 5 Non. Jan. 21 a. d. XII. Kal. Feb. 
 
 6 a. d. VIII. Id. .Tan. 22 a. d. XI. Kal. Feb. 
 
 7 a. d. VII. Id. Jan. 23 a. d. X. Kal. Feb. 
 
 8 a. d. VI. Id. Jan. 24 a. d. IX. Kal. Feb. 
 
 9 a. d. V. Id. Jan. 25 a. d. VIII. Kal. Feb. 
 10 a. d. IV. Id. Jan. 26 a. d. VII. Kal. Feb. 
 11a. d. III. Id. Jan. 27 a. d. VI. Kal. Feb. 
 
 12 Prid. Id. Jan. 28 a. d. V. Kal. Feb. 
 
 13 Id. Jan. 29 a. d. IV. Kal. Feb. 
 
 14 a. d. XIX. Kal.Feb. 30 a. d. III. Kal. Feb. 
 15a.d.XVIII.Kal.Feb. 31 Prid. Kal. Feb. 
 16a.d. XVII.KaLFeb. 
 
 The letters a d are often, through error, written 
 together, and so confounded with the preposition 
 (/(/, which would have a different meaning, for ad 
 kulendas would signify by, i. e. on or before tJie 
 kalends. The letters are in fact an abridgement 
 of ante diem., and the full phrase for " on the second 
 of January " would be ante diem quartum nonas 
 Januarias. The word ante in this expression seems 
 really to belong in sense to nonas, and to be the 
 cause why nonas is an accusative. Hence occur 
 such phrases as (Cic. P/iil. iii. 8), in ante diem quar- 
 tum Kal. Deeembris distidit, " he put it ofi' to the 
 fourth da'y before the kalends of December," (Caes. 
 Bell. Gall. i. 6) Is dies erat ante diem V. Kal. Apr., 
 and (Caes. Bell. Civ. i. 1 1 ) ante quern diem iturus 
 sit, for quo die. The same confusion exists in the 
 phrase post paueos dies, which means " a few days 
 after," and is equivalent to paucis post diebus. 
 Whether the phrase Kalendae .Junuarii was ever 
 used by the best writers is doubtful. The words 
 are commonly abbreviated ; and those passages 
 where Aprilis, Deeembris, &c. occur, are of no 
 avail, as they are probably accusatives. The ante 
 may be omitted, in which case the phrase will be 
 
CALENDAR (ROMAN). 
 
 18-2 
 
 lite quarto nonarum. In the leap year (to use a 
 modem phrase), the last days of February were 
 
 Cdillc 
 
 Feb. 23. a. d. VII. Kal. Mart. 
 Feb. 24. a. d. VI. Kal. Mart, posteriorem. 
 Feb. 25. a. d. VI. Kal. Mart, piiurem. 
 Feb. 26. a. d. V. Kal. Mart. 
 Feb. 27. a. d. IV. Kal. Mart. 
 Feb. 28. a. d. III. Kal. Mart. 
 Feb. 29. Prid. Kal. Mart. 
 In which the words prior and posterior are used in 
 reference to the retrograde direction of the reckon- 
 ing. Such at least is the opinion of Ideler, who 
 refers to Celsus in the Digests (50. tit. 1 6. s. 98). 
 
 From the fact that the intercalated year has two 
 da3's called ante diem sextum, the name of bissextile 
 has been applied to it. The term anmts bissexiilis 
 however, docs not occur in any writer prior to 
 Beda, but in place of it the phrase anmis bisseiius. 
 
 It was the intention of Caesar that the bissex- 
 tum should be inserted pcrado qtiadriennii circuitu, 
 as Censorinus says, or quinto quoque incipienie anno, 
 to use the words of Macrobius. The phrase, how- 
 ever, which Caesar used seems to have been quarto 
 quoque anno, which was interpreted by the priests 
 to mean every third year. The consequence was, 
 that in the year 8 B. c. the Emperor Augustus, 
 finding that three more intercalations had been 
 made than was the intention of the law, gave 
 directions that for the next twelve years there 
 should be no bissextile. 
 
 The ser\'ices which Caesar and Augustus had 
 conferred upon their country by the reformation of 
 the year, seems to have been the immediate 
 causes of the compliments paid to them by the in- 
 sertion of their names in the calendar. Julius was 
 substituted for Quinctilis, the month in which 
 Caesar was bom, in the second Julian year, that is 
 the year of the dictator's death (Censorinus, c. 22) ; 
 for the first Julian year was the first year of the 
 corrected Julian calendar, that is 45 B. c. The 
 name Augustus, in place of Sextilis, was introduced 
 by the emperor himself, at the time when he recti- 
 fied the error in the mode of intercalating (Suet. 
 Aug. c. 31), anno Auijustai/o xa: The first year 
 of the Augustan era was 27 B. c, viz., that in 
 which he first took the name of Augustus, se vii. 
 et M. Vipsonio Ayripjia coss. He was bom in 
 September ; but gave the preference to the preced- 
 ing month, for reasons stated in the senatus-con- 
 sultum, preserved by Macrobius (c. 12). " Where- 
 as the Emperor Augustus Caesar, in the month of 
 Sextilis, was first admitted to the consulate, and 
 thrice entered the city in triumph, and in the same 
 month the legions, from the Janiculum, placed 
 themselves under his auspices, and in the same 
 month Egj'pt was brought under the authority of 
 the Roman people, and in the same month an end 
 was put to the civil wars ; and whereas for these 
 reasons the said month is, and has been, most for- 
 tunate to this empire, it is hereby decreed by the 
 senate that the said month shall be called Augus- 
 tus." " A plcbiscitura, to the same efl'ect, was 
 passed on the motion of Sextus Pacuvius, tribune 
 of the plebs." 
 
 The month of September in like manner received 
 the name of Germanicus from the general so called, 
 and the appellation appears to have existed even in 
 the time of Macrobius. Domitian too, conferred 
 his name upon October ; but the old word was re- 
 stored upon the death of the tyrant. 
 
 CALENDAR (ROMAN). 
 
 The Fasti of Caesar have not come down to us 
 in their entire forni. Such fragments as exist may 
 be seen in Gruter's Inscriptiones, or more com- 
 pletely in Foggini's work, Fastorum Anni Romani 
 ...reliquiae. See also some papers by Ideler in the 
 Berlin Transactions for 1822 and 1823. 
 
 Tlie Gregorian Year. — The Julian calendar sup- 
 poses the mean tropical year to be 36 5d. 6h. ; but 
 this, as we have already seen, exceeds the real 
 amount by 11' 12", the accumidation of which, 
 year after year, caused at last considerable incon- 
 venience. Accordingly, in the year 1582, Pope 
 Gregory the Xlllth, assisted by Aloysius, Lilius, 
 Christoph Clavius, Petrus Ciaconius, and others, 
 again reformed the calendar. The ten days by 
 which the year had been unduly retarded were 
 stmck out by a regulation that the day after the 
 fourth of October in that year should be called the 
 fifteenth ; and it was ordered that, whereas hitherto 
 an intercalary day had been inserted every foui 
 years, for the future three such intercalations in 
 the course of four hundred years should be omitted, 
 viz., in those years which are divisible without re- 
 mainder by 100, but not by 400. Thus, accord- 
 ing to the Julian calendar, the years, 1600, 1700. 
 1800, 1900, and 2000 were to have been bissextile : 
 but, by the regulation of Gregory, the years 1700. 
 1800, and 1900, were to receive no intercalation, 
 while the years 1600 and 2000 were to be bissextile 
 as before. The bull which effected this change, was 
 issued Feb. 24, 1582. The fullest account of this 
 correction is to be found in the work of Clavius, 
 entitled Romani Culendarii a Gregorio XIII. P.M. 
 restituti E.Tplicatio. As the Gregorian calendar has 
 only 97 leap-years in a period of 400 years, the 
 mean Gregorian j-ear is (303x 365-|-97 X 366' 
 -^400, that is 365d. 5h. 49' 12", or only 24'^^ 
 more than the mean tropical year. This dift'erenci 
 in 60 years would amount to 24', and in 60 times 
 60, or 3600 years, to 24 hours, or a day. Henci 
 the French astronomer, Delambre, has proposec 
 that the years 3600, 7200, 10,800, and all multi 
 pies of 3600 should not be leap years. The Gre- 
 gorian calendar was introduced in the greater par 
 of Italy, as well as in Spain and Portugal, on th( 
 day named in the bull. In France, two month; 
 after, by an edict of Henry III, the 9th of De 
 cember was followed by the 20th. The Catholii 
 parts of Switzerland, Germany, and the Lov 
 countries, adopted the correction in 1583, Polanc 
 in 1586, Hungary in 1587. The Protestant part 
 of Europe resisted what they called a Papistical in 
 vention for more than a century. At last, in 1700 
 Protestant Germany, as well as Denmark and Ho! 
 land, allowed reason to prevail over prejudice ; anc 
 the Protestant cantons of Switzerland copied thei 
 exiunple the following year. 
 
 In England the Gregorian calendar was firs 
 adopted in 1752, and in Sweden in 1753. Ii 
 Russia, and those countries which belong to th 
 Greek church, the Julian year, or old styh as it i 
 called, still prevails. 
 
 In this article free use has been made of Ideler" 
 work Lehrhuch der Chronologie. For other infoi 
 mation connected with the Roman measurement c 
 time, see Clepsydra ; Dies ; Hora ; Horo 
 LoGiA ; Lustrum ; Nundinae ; Saeculum 
 SiDBRA. [K.] 
 
 T^e following Calendar, which gives the risin 
 and setting of the stars, the Roman festivals, &c., i 
 taken fi'om an article on the Roman Calendar i 
 
CALENDAR (ROMAN). 
 
 ' Pauly's Jteal-Enct/clopiidie der classischen Alter- 
 tliiiiminssenscliaft. It has been principally com- 
 ])iled from Ovid's Fasti, Colmnella, and Pliny's 
 Natural History. The letter O signifies Ovid, 
 C Columella, P Plinj' ; but when C is placed im- 
 mediately after the date, it signifies a day on 
 which the Comitia were held. 
 
 JANUARIUS. 
 
 A. IJan.Kal. 
 
 F. 
 
 i>. J 
 
 1 V . 
 
 F. 
 
 
 III. 
 
 C. Cancer occidit. 
 
 U, 4 
 
 i riQ. 
 
 C. Caesari Delphinus matutino cx- 
 
 
 
 oritur. PI. 
 
 £i. 0 
 
 Non, 
 
 F. Lyra oritur. 0. et. P. tempesta- 
 
 
 
 tem significat. 0. Atticae et lini- 
 
 
 
 timis regioiiibus a(^uOa vesperi 
 
 
 
 occidit. 
 
 r. D 
 
 VTTT 
 
 V L X 1. 
 
 F. 
 
 
 VII. 
 
 C. 
 
 H. 8 
 
 VI. 
 
 C. Delphini vespertino occasu con- 
 
 
 
 tinui dies hiemant Italiae. PI. 
 
 A 0 
 
 V 
 V . 
 
 Agon. Delphinus oritur. 0. 
 
 B. 10 
 
 IV. 
 
 En. Media hiems. 0. 
 
 d 11 
 
 III. 
 
 Car. Np. 
 
 D. 12 
 
 Prid. 
 
 C. 
 
 E. 13 
 
 Id. 
 
 Np. 
 
 F. 14 
 
 XIX. 
 
 En. Dies vitios. ex SC. 
 
 G. 15 
 
 XVIII. 
 
 Car. Tempestas incerta. C. 
 
 H. 16 
 
 XVII. 
 
 C. Sol in Aquarium transit, Leo 
 
 
 
 mane incipit occidere ; africus, in- 
 
 
 
 terdum auster cum pluvia. C. 
 
 A. 17 
 
 XVI. 
 
 C. Sol in Aquario. 0. et P. Cancer 
 
 
 
 desinit occidere : hiemat. C. 
 
 B. 18 
 
 XV. 
 
 C. Aquarius incipit oriri, ventus 
 
 
 
 africus tempestatem significat. C. 
 
 C. 19 
 
 XIV. 
 
 C. 
 
 D. 20 
 
 XIII. 
 
 C. 
 
 E. 21 
 
 XII. 
 
 C. 
 
 F. 22 XI. C. Fidicula vesperi occidit, dies 
 
 pluvius. C. 
 
 G. 23 X. Lyra occidit. O. 
 
 H. 24 IX. C. Leonis, quae est in pectore, clara 
 
 Stella occidit. O. Ex occasu pris- 
 tini sideris significat tempestatem ; 
 interdum etiam tempestas. C. 
 
 A. 25 VIII. C. Stella regia appellata Tuberoni 
 
 in pectore Leonis occidit matu- 
 tino. P. 
 
 B. 26 VII. C. 
 
 C. 27 VI. C. Leonis, quae est in pectore, clara 
 
 Stella occidit, nonnunquam signi- 
 ficatur hiems bipartite. C. 
 
 D. 28 V. C . Auster, aut africus, hiemat : plu- 
 
 vius dies. C. 
 
 E. 29 IV. F. 
 
 F. 30 III. N. Delphinus incipit occidere, item 
 
 Fidicula occidit. C. 
 
 G. 31 Prid. C. Enrum, quae supra sunt, side- 
 
 rum occasus tempestatem facit: in- 
 terdum tantummodo significat. C. 
 
 FBBRUARIUS. 
 
 H. 1 Feb.Kal. N. Fidis incipit occidere, ventus 
 eurinus et interdum auster cum 
 grandine est. C. 
 
 A. 2 IV. N. Lyra et medius leo occldimt. 0. 
 
 CALENDAR (ROMAN). 183 
 
 B. 3 III. N. Delphinus occidit. 0. Fidis tota 
 
 et Leo medius occidit. Corus aut 
 septentrio, nonnunquam favoni- 
 iis. C. 
 
 C. 4 Prid. N. Fidicula vesperi occidit. P. 
 
 D. 5 Non. Aquarius ontur, zephynis flare in- 
 
 cipit. 0. Mediae partes Aquarii 
 oriuntur, ventosa tempestas. C. 
 
 E. 6 VIII. N. 
 
 F. 7 VII. N. Calisto sidus occidit: favonii 
 
 spirare incipiunt. C. 
 
 G. 8 VI. N. Ventosa tempestas. C. 
 
 H. 9 V. N. Veris inirium. 0. 
 
 A. 10 IV. N. 
 
 B. 1 1 III. N. Arctophylax oritur. 0. 
 
 C. 12 Prid. N. 
 
 D. 13 Id. Np. 
 
 E. 14 XVI. N. Corvus, Crater, etAnguis oriun- 
 
 tur. 0. Vesperi Crater oritur, 
 venti mutatio. C. 
 
 F. 15 XV. Luper. Np. Sol in Pisces transi- 
 
 tum facit: nonnunquam ventosa 
 tempestas. 
 
 G. 16 XIV. En. Venti per sex dies vehemen- 
 
 tius flant. Sol in Piscibus. O. 
 
 H. 17 XIII. Quir. Np. Favoniusvel auster cum 
 
 grandine et nimbis ut et sequent! 
 die. C. 
 
 A. 18 xn. C. 
 
 B. 19 XL C. 
 
 C. 20 X. C. Leo desinit occidere ; venti sep- 
 
 tentrionales, qui dicuntur omi- 
 thiae, per dies triginta esse solent : 
 tum et hirundo advenit. C. 
 
 D. 21 IX. Feral. F. Arctunis prima nocte 
 
 oritur: frigidusdies: aquilone, vel 
 coro, interdum pluvia. C. 
 
 E. 22 VIII. C. Sagitta crepusculo incipit oriri ; 
 
 variae tempestates: halcyonei dies 
 vocantur. C. 
 
 F. 23 VII. Ter. Np. Hirundinum adventus. 
 
 0. Ventosa tempestas. Hirundo 
 conspicitur. C. Arcturi exortus 
 vespertinus. P. 
 
 G. 24 VI. Regif. N. 
 
 H. 25 V. C. 
 
 A. 26 IV. En. 
 
 B. 27 III. Eq. Np. 
 
 C. 28 Prid. C. 
 
 MARTIUS. 
 
 D. IMart.Kal. Np. 
 
 E. 2 VI. F. 
 
 F. 3 V. C. Alter e Piscibus occidit. 0. 
 
 G. 4 IV. C. 
 
 H. 5 III. C. Arctophylax occidit. Vindemia- 
 
 tor oritur. O. Cancer oritur Cae- 
 sari. P. 
 
 A. 6 Prid. Np. Hoc die Caesar Pontifex Maxi- 
 
 mus factus est. 
 
 B. 7 Non. F. Pegasus oritur. 0. 
 
 C. 8 VIII. F. Corona oritur. 0. Piscis aquilo- 
 
 nius oritur. P. 
 
 D. 9 VII. C. Orion exoritur. In Attica Mil- 
 
 vius apparere servatur. P. 
 
 E. 10 VL C. 
 
 F. 11 V. C. 
 
 G. 12 IV. C. 
 
 H. 13 III. En. 
 
 A. 14 Prid. Eq. Np. 
 
184 CALENDAR (ROMAN). 
 
 CALENDAR (ROMAN). 
 
 B. 15 Id. Np. Nepa incipit occidere, sigiiifi- 
 
 cat tenipestatem. C. Scorpius oc- 
 cidit Caesari. P. 
 
 C. If) XVII. F. Scorpius medius occidit. O. 
 
 Nepa OL'cidit, hiemat. C. 
 
 D. 17 XVI. Lib. Np. Milvius oritur. 0. Sol 
 
 in Arietcm transitum facit. Favo- 
 nius vel corus. C. 
 
 E. 18 XV. N. Sol in Ariete. O. ItaHae Mil- 
 
 vius ostenditur. P. 
 
 F. 19 XIV. Quin. N. 
 
 G. 20 XIII. C. 
 
 H. 21 XII. C. Equus occidit mane. C. P. sep- 
 
 tentrionalcs venti. C. 
 
 A. 22 XI. N. 
 
 B. 23 X. Tubil. Np. Aries incipit exoriri, 
 
 pluvius dies, interdum ningit. C. 
 
 C. 24 IX. Q. Rex C. F. Hoc et sequenti 
 
 die aequinoctium vemum tenipes- 
 tatem significat. C. 
 
 D. 26 VIII. C. Aequinoctium vemum. 0. P. 
 
 E. 26 VII. C. 
 
 F. 27 VI. Np. Hoc die Caesar Alexandriam 
 
 recepit. 
 
 G. 28 V. C. 
 
 H. 29 IV. C. 
 
 A. 30 III. C. 
 
 B. 31 Prid. C. 
 
 APRILIS. 
 
 C. lApr.Kal. N. Scorpius occidit. 0. Nepa occi- 
 
 dit mane, tenipestatem signifi- 
 cat. C. 
 
 D. 2 IV. C.Pleiades occidunt. C. 
 
 E. 3 III, C. In Attica Vergiliae vesperi oc- 
 
 cultantur. C. 
 
 F. 4 Prid. C. Ludi Matr. Mag. Vergiliae in 
 
 Boeotia occultantur vesperi. P. 
 
 G. 5 Non. Ludi. p^ivoiiius aut auster cum 
 
 grandine. C. Caesari et Chal- 
 daeis Vergiliae occultantur ves- 
 peri. Aegypto Orion et Gladius 
 ejus incipiuiit ahscondi. P. 
 
 H. C VIII. Np. Ludi. Vergiliae vesperi celan- 
 
 tur. Interdum hiemat. C. 
 
 A. 7 VII. N.Ludi. Hoc die et duobus sequen- 
 
 tibus austri et africi, tenipestatem 
 significant. C. 
 
 B. 8 VI. N. Ludi. Significatur imber Librae 
 
 occasu. P. 
 
 C. 9 V. N. Ludi. 
 
 D. 10 IV. N. Ludi in Cir. 
 K 11 111. N. Ludi. 
 
 F. 12 Prid. N. Ludi Cereri. Suculae celantur: 
 
 hiemat. C. 
 
 G. 13 Id. Np. Ludi. Libra occidit: hiemat. C. 
 
 H. 14 XVIII. N. Ludi. Ventosa tempestas et im- 
 
 bres, nec hoc constanter. C. 
 
 A. 15 XVII. Ford. Np. Lud. 
 
 B. 16 XVI. N. Ludi. Suculae occidunt vesperi 
 
 Atticae. P. 
 
 C. 17 XV. N. Ludi. Sol in Taurum transitum 
 
 facit, pluviam significat. C. Sucu- 
 lae occidunt vesperi Caesari, hoc 
 est palilicium sidus. P. 
 I). 18 XIV. N. Ludi. Suculae se vesperi cclant: 
 pluviam significat. C. Aegypto 
 suculae occidunt vesperi. P. 
 
 E. 19 XIII. Cer. N. Ludi in Cir. Sol in 
 
 tauro. O. 
 
 F. 20 XII. N. Assyriae Suculae occidunt ves- 
 
 peri. C. 
 
 G. 21 XI. Par. Np. Ver bipartitur, pluvia et 
 
 nonnunquam grando. C. 
 
 H. 22 X. N. Vergiliae cum Sole oriuntur. 
 
 Africua vel auster : dies humi- 
 dus. C. 
 
 A. 23 IX. Vin. Np. Prima nocte Fidicula ap- 
 
 paret: tenipestatem significat. C. 
 
 B. 24 VIII. C. Palilicium sidusoriturCaesari. P. 
 
 C. 25 VII. Rob. Np. Medium ver, .\ries occi- 
 
 dit, tempestatem significat, Canis 
 oritur. 0. Hoedi exoriuntm-. P. 
 
 D. 26 VI. F. Boeotiae et Atticae Canis 
 
 vesperi occultatur. Fidicula mane 
 oritur. P. 
 
 E. 27 V. C. Assyriae Orion totus abscondi- 
 
 tur. P. 
 
 F. 28 IV. Np. Ludi flor. Auster fere cum 
 
 pluvia. C. 
 
 G. 29 III. C. Ludi. Mane Capra exoritur, 
 
 austrinus dies, interdum pluriae. 
 C. Assyriae totus Canis abscondi- 
 tur. P. 
 
 H. 30 Prid. C. Ludi. Canis se vesperi celat, 
 
 tempestatem significat. 
 
 MAIL'S. 
 
 A. ] Mai.Kal. N. Capella oritur. C. 
 
 B. 2 VI. F. Comp. Argestes flare incipit. 
 
 Hyades oriuntur. 0. Sucula cuni 
 Sole exoritur, septeiitrionales 
 venti. C. Suculae matutino ex- 
 oriuntur. P. 
 
 C. 3 V. C. Cciitaurus oritur. 0. Centaurus 
 
 totus apparet, tempestatem signi- 
 ficat. C. 
 
 D. 4 IV. C. 
 
 E. 5 III. C. Lyra oritur. 0. Centaurus plu- 
 
 viam significat. C. 
 
 F. 6 Prid. C. Scorpius medius occidit. 0. Nepa 
 
 niedius occidit, tempestatem sig- 
 nificat. C. 
 
 G. 7 Non. N. Vergiliae cxoriuntur mane ; fa- 
 
 vonius. C. 
 
 H. 8 VIII. F. CapcUa pluvialis oritur Caesari. 
 
 Aegypto vero eodem die Canis 
 vesperi occultatur. P. 
 
 A. 9 VII. Lem. N. Aestatis initium, favonius 
 
 aut corus, interdimi etiam plu- 
 via. C. 
 
 B. 1 VI. C. Vergiliae totae apparent ; favo- 
 
 nius aut corus: interdum et plu- 
 viae. C. Vergdiarum exortus. C. 
 
 C. 11 V. Lem. N. Orion occidit. O. Arcturi 
 
 occasus matutinus Caesari tempes- 
 tatem significat. P. 
 
 D. 12 IV. Np. Ludi .Mart, in Circ. 
 
 E. 13 III. Lem. N. Pleiades oriuntur. Aesta- 
 
 tis initium. O. Fidis mane oritur, 
 significat tenipestatem. C. Fidicu- 
 lae exortus. P. 
 
 F. 14 Prid. C. Taurus oritur. O. 
 
 G. 15 Id. Np. Fidis mane exoritur, auster, 
 
 aut euro-notus interdum, dies hu- 
 midus. C. 
 
 H. 16 XVII. F. 
 
 A. 17 XVI. C. Hoc et sequenti die euro-notus 
 
 vel auster cum pluvia. C. 
 
 B. 18 XV. C. 
 
 C. 19 XIV. C. Sol in Geminis. 0. et C. 
 
 D. 20 XIII. C. 
 
CALENDAR (ROMAN). 
 
 CALENDAR (ROMAN). 185 
 
 B. 21 XIL Agon. Np. Canis oritur. O. Sucu- 
 lae exoriuntur, septentrionales 
 venti: nonnunquara auster cum 
 pluvia. C. Capolla vesperi occidit 
 et in Attica Canis. P. 
 
 F. 22 XI. N. Hoc ct sequcnti die Arcturus 
 
 mane occidit ; tenipestatem sig- 
 niiicat. C. Orionis Gladius oc- 
 cidcre incipit. P. 
 
 G. 23 X. Tub. Np. 
 
 H. 24 IX. Q. Rex. C. F. 
 
 A. 25 VIII. C. Aquila oritur. 0. Hoc die et 
 
 biduo sequenti Capra mane exori- 
 tur, septentrionales venti. C. 
 
 B. 26 VII. C. Arctophylax occidit. 0. 
 
 C. 27 VI. C. Hyades oriuntur. 
 
 D. 28 V. C. 
 
 E. 
 
 29 
 
 IV. 
 
 C. 
 
 F. 
 
 30 
 
 in. 
 
 C. 
 
 G. 31 
 
 Prid. 
 
 C. 
 
 
 
 
 JUNIUS. 
 
 H. 
 
 IJ 
 
 un. Kal. 
 
 N. Aquila oritur. 0. Hoc et se- 
 
 
 
 
 quenti Aquila oritur ; tempestas 
 
 
 
 
 ventosa et interduni pluvia. C. 
 
 A. 
 
 2 
 
 IV. 
 
 F. Mart. Car. Monet. Hyades 
 
 
 
 
 oriuntur, dies pluvius. 0. Acjuila 
 
 
 
 
 oritur vesperi. P. 
 
 B. 
 
 3 
 
 III. 
 
 C. Caosari et Assyriae Aquila 
 
 
 
 
 vesperi oritur. P. 
 
 C. 
 
 4 
 
 Prid. 
 
 C. 
 
 D. 
 
 5 
 
 Non. 
 
 
 E. 
 
 6 
 
 VIII. 
 
 N. Arcturus matutino occidit. P. 
 
 F. 
 
 7 
 
 VII. N. Arctophylax occidit. 0. Arc- 
 
 turns occidit, favonius aut co- 
 rns. C. 
 
 G. 8 VI. N. Menti. in capit. Delphinus ves- 
 
 peri exoritur. P. 
 
 H. 9 V. Vest. N. Fer. 
 
 A. 10 IV. N. Delphin. vesperi oritur. 0. et 
 
 C. et P. Favonius, interdum 
 rorat. C. 
 
 B. 11 III. Matr. N. 
 
 C. 12 Prid. N. 
 
 D. 13 Id. N. Calor incipit. C. 
 
 E. 14 XVIII. N. 
 
 F. 15 XVII. Q. St. D. F. Hyades oriuntur. 0. 
 
 Gladius Orionis exoritur. P. 
 
 G. 16 XVL C.Zephyrus flat. Orion oritur. 0. 
 
 H. 17 XV. C. Delphinus totus apparet. 0. 
 
 A. 18 XIV. C. 
 
 B. 19 XIII. C. Minervae in Aventino. Sol in 
 
 Cancro. O. et C. In Aegypto Gla- 
 dius Orionis oritur. 
 
 C. 20 XII. C. Summano ad Circ. Max. Ophi- 
 
 uchus oritur. O. 
 
 D. 21 XI. C. Anguifer, qui a Graecis dicitur 
 
 'O(piovxos, mane occidit, tempes- 
 tatem signilicat. 0. 
 
 E. 22 X. C. 
 
 F. 23 IX. C. 
 
 G. 24 VIII. C. Hoc et biduo sequenti solstitium, 
 
 favonius et ciilor. C. Longissima 
 dies totius anni et nox brevissima 
 solstitium conficiunt. P. 
 
 H. 25 VII. C. 
 
 A. 26 VI. C. Orionis Zona oritur: solstitium. 
 
 0. Orion exoritur Caes:iri. P. 
 
 B. 27 V. C. 
 
 C. 28 IV. C. 
 
 D. 29 III. C. Vevitosa tempestas. C. 
 
 E. 30 Prid. F. 
 
 JULIU.S. 
 
 F. I Jul. Kal. N. Favonius vel auster et calor. C. 
 
 G. 2 VI. N. 
 
 H. 3 V. N. 
 
 A. 4 IV. Np. Corona occidit mane. C. Zona 
 
 Orionis Assyriae oritur. P. Ae- 
 gypto Procyon matutino oritur. P. 
 
 B. 5 III. Popl. N. Chaldaeis Corona occidit 
 
 matutino. Atticae Orion eo die 
 exoritur. 
 
 C. 6 Prid. N. Ludi ApoUin. Cancer medius 
 
 occidit, calor. C. 
 
 D. 7 Non. N. Ludi. 
 
 E. 8 VIII. N. Ludi. Capricomus medius oc- 
 
 cidit. C. 
 
 F. 9 VII. N. Ludi. Cephcus vesperi exori- 
 
 tur, tempestateni signiticat. C. 
 
 G. 10 VI. C. Ludi. Prodromi flare inci- 
 
 piunt. C. 
 II. II V. C. Ludi. 
 
 A. 12 IV. Np. Ludi. 
 
 B. 13 III. C Ludi in Cir. 
 
 C. 14 Prid. C. Merk. Aegyptiis Orion desinit 
 
 exoriri. P. 
 
 D. 15 Id. Np. Merk. Procyon exoritur mane, 
 
 tempestatem significat. C. 
 
 E. 16 XVII. F. Merk. 
 
 F. 17 XVI. C. Assyriae Procvon exoritur. P. 
 
 G. 18 XV. C. Merk. 
 
 H. 19 XIV. Lucar. Np. Merk. 
 
 A. 20 XIII. C. Ludi Vict. Caesar. Sol in 
 
 Leonem transitum facit, favonius. 
 C. Aquila occidit. P. 
 
 B. 21 XII. C. Lucar. Ludi. 
 
 C. 22 XL C. Ludi. 
 
 D. 23 X. Nept. Ludi. Prodromi in Italia 
 sentiuntur. P. 
 
 E. 24 IX. N. Ludi. Leonis in pectore clara 
 Stella exoritur, interdum tempes- 
 tatem significat. C. 
 
 F. 25 VIII. Fur. Np. Ludi. Aquarius in- 
 cipit occidere clare : favonius, vel 
 auster. C. 
 
 G. 26 VII. C. Ludi. Canicula apparet ; caligo 
 aestuosa. C. 
 
 H. 27 VI. C. In Circ. Aquila exoritur. C. 
 
 A. 28 V. C. In Circ. 
 
 B. 29 IV. C. In Circ. Leonis in pectore 
 clarae stellae exoriuntur, interdum 
 tempestatem significat. C. 
 
 C. 30 III. C. In Circ. Aquila occidit, signi- 
 ficat tempestatem. C. 
 
 D. 31 Prid. C. 
 
 AUGUSTUS. 
 
 E. lAug. Kal. N. Etesiae. C. 
 
 F. 2 IV. C. Fer. 
 
 G. 3 III. C. 
 
 H. 4 Prid. C. Leo medius exoritur ; tempesta- 
 tem significat. C. 
 
 A. 5 Non. F. 
 
 B. 6 VIII. F. Arcturus medius occidit. P. 
 
 C. 7 VII. C. Aquarius occidit medius, nebu- 
 losus aestus. C. 
 
 D. 8 VI. C. Vera ratione autumni initium 
 Fidiculae occasu. P. 
 
186 
 
 E. 9 
 
 F. 10 
 
 G. 11 
 
 CALENDAR (ROMAN). 
 
 V. 
 IV. 
 III. 
 
 H. 12 Prid. 
 
 A. 13 
 
 Id. 
 
 B. 14 XIX. 
 
 C. 15 
 
 D. 16 
 
 E. 17 
 
 F. 18 
 
 G. 19 
 
 H. 20 
 
 A. 21 
 
 B. 22 
 
 C. 23 
 
 D. 24 
 
 E. 25 
 
 F. 26 
 
 G. 27 
 
 H. 28 
 
 A. 29 
 
 B. 30 
 
 XVIII. 
 XVII. 
 XVI. 
 XV. 
 XIV. 
 XIII. 
 
 XII. 
 XI. 
 
 X. 
 
 IX. 
 Vlll. 
 Vll. 
 
 VI. 
 V. 
 
 IV. 
 
 III. 
 
 C. 31 Prid. 
 
 D. ISept.Kal. 
 
 E. 2 IV. 
 
 F. 3 III. 
 
 G. 4 Prid. 
 
 H. 5 Non. 
 
 A. 6 VIII. 
 
 B. 7 VII. 
 
 C. 8 
 
 D. 9 
 
 E. 10 
 
 F. 11 
 
 VI. 
 V. 
 
 IV. 
 
 Ill 
 
 Np. 
 C. 
 
 C. Fidicula occasu suo autumnum 
 inchoat Caesari. P. 
 
 C. Fidis occidit mane et aiitumnus 
 incipit. C. Atticae Equus oriens 
 tempestatem significat et vesperi 
 Aegypto et Caesari Delphinus 
 occidens. P. 
 
 Np. Delphini occasu3 tempestatem 
 significant. C. 
 
 F. Delphini matutinus occasus 
 tempestatem significat. C. 
 C. 
 C. 
 
 Port. Np. 
 C. Merk. 
 Vin. F. P. 
 
 C. Sol in Virginem transitum facit, 
 hoc et sequenti die tempestatem 
 significat, interdum et tonat. 
 Eodem die Fidis occidit. C. 
 
 Cons. Np. 
 
 En. Caesari et Assj-riae Vindemia- 
 tor oriri mane incipit. P. 
 
 Vole. Np. Fidis occasu terapestas 
 plenunque oritur, et pluvia. C. 
 
 C. 
 
 Opic. Np. 
 
 C. Vindemiator exoritur mane, et 
 Arctunis incipit occidere, inter- 
 dum pluvia. C. 
 
 Volt. Np. 
 
 Np. H. D. Ara Victoriae in Curia 
 dedicata est. Sagitta occidit: 
 Etesiae desinunt. P. 
 
 F. 
 
 F. Humeri Virginis exoriuntur. 
 Etesiae desinunt flare, et inter- 
 dum hiemat. C. 
 
 C. Andromeda vesperi oritur, in- 
 terdum hiemat. C. 
 
 SEPTEMBER. 
 
 N. 
 
 N. Hoc die Fer. Nep. Piscis aus- 
 trinus desinit occidere, calor. C. 
 Np. 
 
 C. Ludi Romani. 
 
 F. Ludi. Vindemiator exoritur. 
 Atticae Arcturus matutino exo- 
 ritui' et Sagitta occidit mane. P. 
 
 F. Ludi. 
 
 C. Ludi. Piscis aquilonius desinit 
 occidere et Capra exoritur, tem- 
 pestatem significat. C. 
 
 C. Ludi. 
 
 Caesari CapeUa oritur 
 P. 
 
 C. Ludi. 
 
 vesperi. 
 C. Ludi. 
 C. Ludi. 
 
 Favonius aut africus. 
 Virgo media exoritur. C. 
 
 G. 12 Prid. N. Ludi. Arcturus oritur medius 
 
 vehementissimo significatu terra 
 marique per dies quinque. P. 
 
 H. 13 Id. Np. Ex pristine sidere nonnun- 
 
 quam tempestatem significat. C. 
 
 A. 14 XVIll. F. Equor. Prob. 
 
 B. 15 XVII. N. Ludi Rom. in Circ. 
 
 CALENDAR (ROMAN). 
 
 C. 16 XVI. C. In Circ. Aegypto Spica, quani 
 
 tenet Virgo, exoritur matutino, 
 Etesiaeque desinunt. P. 
 
 D. 17 XV. C. In Circ. Arcturus exoritur, fa- 
 
 vonius aut africus, interdum 
 eurus. C. 
 
 E. 18 XIV. C. In Circ. Spica Virginis exor- 
 
 tur, favonius aut corns. C. Spica 
 Caesari oritur. P. 
 
 F. 19 XIII. C. In Circ. Sol in Libram transi- 
 
 tum facit. Crater matutino tem- 
 pore apparet. C. 
 
 G. 20 XII. C. Merk. 
 
 H. 21 XI. C. Merk. Pisces occidunt 
 
 mane. Item Aries occidere in- 
 cipit, favonius aut corns interdum 
 austcr cum imbribus. C. Caesari 
 commissura Piscium occidit. P. 
 
 A. 22 X. C. Merk. Argo navis occidit, 
 
 tempestatem significat, interdum 
 etiam pluviam. C. 
 
 B. 23 IX. Np. Merk. H. D. August! natalis. 
 
 Ludi Cir. Centaurus incipit mane 
 oriri, tempestatem significat, in- 
 terdum et pluviam. C. 
 
 C. 24 VIII. C.Aequinoctium autumnale hoc die 
 
 etbiduo sequenti notat Columella, 
 Plinius hoc die. 
 
 D. 25 VIL C. 
 
 E. 26 VI. C. 
 
 F. 27 V. Hoedi exoriuntur, favonius, non- 
 
 nunquam auster cum pluvia. C. 
 
 G. 28 IV. Virgo desinit oriri, tempestatem 
 
 significat. C. CapeUa matutina 
 exoritur, consentientibus, quod 
 est rarum, Philippo, Calippo, 
 Doritheo, Parmenisco, Conone, 
 Critone, Democrito, Eudoxo, 
 lone. P. 
 
 H. 29 III. F. Hoedi oriuntur iisdem consen- 
 
 tientibus. P. 
 A. 30 Prid. C. 
 
 B. 1 Oct-Kal. N. Tempestatem significat. C. 
 
 C. 2 VI. F. 
 
 D. 3 V. C. 
 
 E. 4 IV. C. Auriga occidit mane. Virgo 
 
 desinit occidere : significat non- 
 nunquam tempestatem. C. 
 
 F. 5 III. C. Corona incipit exoriri, significat 
 
 tempestatem. C. 
 
 G. 6 Prid. C. Hoedi oriuntur vesperi. Aries 
 
 medius occidit : aquilo C. 
 
 H. 7 Non. F. 
 
 A. 8 Vlll. F. Coronae clara Stella exoritur. 
 
 C. Caesari fulgens in Corona 
 Stella oritur. P. 
 
 B. 9 VII. F. 
 
 C. 10 VI. C. Vcrgiliae exoriuntur vesperi ; 
 
 favonius et interdum africus cum 
 pulvia. C. 
 
 D. 11 V. Meditr. 
 
 E. 12 IV. Aug. Np. 
 
 F. 13 III. Pont. Np. Hoc et sequenti die 
 
 Corona tota mane exoritur, auster 
 liibemus et nonnunquam pluvia. 
 C. Vergiliae vesperi oriuntur. P. 
 
 G. 14 Prid. En. 
 
CALENDAR (ROMAN). 
 
 1. 15 Id. Np. Hoc die et sequenti biduo in- i G. 23 
 terdum tempestas, noniuinqiiam I H. 24 
 rorat. C. Corona tola oritur. P. A. 25 
 
 16 XVII. F. 
 
 17 XVI. C. B. 26 
 lie. 18 XV. C. C. 27 
 Id. 19 XIV. Ann. Np. Sol in Scorpionem D. 28 
 
 transitum facit. C. E. 29 
 
 E. 20 XIII. C. Hoc et sequenti die Solis exortu F. 30 
 Vergiliae incipiunt occidere, tem- 
 pestatem signiiicat. C. 
 C. 
 
 c. 
 c. 
 
 CALENDAR (ROMAN). 
 
 187 
 
 F. 21 XII. 
 U. 22 XI. 
 H. 23 X. 
 
 A. 24 IX. C. 
 
 B. 25 VIII. C. 
 
 C. 26 VII. C. Nepae frons exoritur, tempesta- 
 
 tera significat. C. 
 
 D. 27 VI. C. Sueulae vesperi exoriuntur. P. 
 
 E. 28 V. C. Vergiliae occidunt, hiemat cum 
 
 frigore et gelicidiis. C. 
 
 F. 29 IV. C. Ai'cturus vesperi occidit, ven- 
 
 tosus dies. C. 
 
 G. 30 III. C. Hoc et sequenti die Cassiope 
 
 incipit occidere, tempestatem sig- 
 nificat. C. 
 
 H. 31 Prid. C. Caesari Arcturus occidit, et Su- 
 
 eulae exoriuntur cum Sole. P. 
 
 NOVEMBER. 
 
 A. 1 Nov. Kal. N. Hoc die et postero caput Tauri 
 
 occidit, pluviam significat. P. 
 
 B. 2 IV Arcturus occidit vesperi. P. 
 
 C. 3 III Fidicula mane exoritur, hie- 
 
 mat et pluit. C. 
 
 D. 4 Prid 
 
 E. 5 Non. F. 
 
 F. G VIII. F. Ludi. Fidiculae sidus totum 
 
 exoritur, auster, vel favonius, 
 hieraat. C. 
 
 G. 7 VII. C. Ludi. 
 
 H. 8 VI. C. Ludi. Stella clara Scorpionis 
 
 exoritur, significat tempestatem, 
 hiemat. C. 
 C. Ludi. Hiemis initium, auster 
 aut eurus, interdum rorat. C. 
 Gladius Orionis occidere in- 
 cipit P. 
 C. Ludi. 
 
 III. C. Ludi. Vergiliae occidunt. P. 
 Prid. C. Ludi. 
 Id. Np. Epul. Indict. Dies incertus, 
 saepius tamen placidus. C. 
 F. 
 
 C. Ludi. Pleb. in Circ. 
 H. 16 XVI. C. In Circ. Fidis exoritur 
 mane, auster, interdum aquilo 
 niagnus. C. 
 
 A. 17 XV. C. In Circ. Aquilo, interdum 
 
 auster cum pluvia. C. 
 
 B. 18 XIV. C. Merk. Sol in Sagittarium 
 
 transitum facit. Sueulae mane 
 oriuntur, tempestatem signi- 
 ficat. C. 
 
 C. 19 XIII. C. Merk. 
 
 D. 20 XII. C. Merk. Tauri comua vesperi 
 
 occidunt, aquilo frigidus et plu- 
 via. C. 
 
 E. 21 XI. C. Sucula mane occidit, hiemat. C 
 
 F. 22 X. C. Lepus occidit mane, tempesta- 
 
 tem significat. C 
 
 IX. c. 
 Vlll. c. 
 
 VII. C. Canicula occidit Solis ortu, 
 hiemat. C. 
 
 VI. c. 
 V. c. 
 IV. c. 
 III. c. 
 
 Prid. C. Totae sueulae occidunt,favonius 
 aut auster, interdum pluvia. C. 
 
 DECEMBER. 
 
 IV. 
 
 A. 9 
 
 B. 10 
 
 C. 11 
 
 D. 12 
 
 E. 13 
 
 F. 14 XVIII. 
 
 G. 15 XVII 
 
 1 Dec. Kal. N. Dies incertus, saepius tamen 
 placidus. 
 
 2 IV 
 
 3 III 
 
 4 Prid 
 
 5 Non. F. 
 
 6 VIII. . . Sagittarius medius occidit, tem- 
 pestatem significat. C. 
 
 E. 7 VII. C. Aquila mane oritur. Africus, in- 
 terdum auster, irrorat. C. 
 
 F. 8 VI. C. 
 
 G. 9 V. C. 
 
 H. 10 IV. C. 
 
 A. 11 III. Agon. Np. Coras vel septentrio, 
 interdum auster cum pluvia. C. 
 
 B. 12 Prid. En. 
 
 C. 13 Id. Np. Scorpio totus mane exoritur, 
 hieraat. C. 
 
 D. 14 XIX. F. 
 
 E. 15 XVIII. Cons. Np. 
 
 F. 16 XVII. C. 
 XVI. Sat. Np. Feriae Satumi. Sol in 
 
 Capricomum transitum facit, bru- 
 male solstitium ut Hipparcho 
 placet. C. 
 XV. C. Ventoium commutatio. C. 
 XIV. Opal. Np. 
 XIIL C. 
 XII. Div. Np. 
 XL C. 
 
 X. Lar. Np. Capra occidit mane, tem- 
 pestatem significat. C. 
 IX. C. Brumale solstitium, sicut Chal- 
 daei observant, significat. C. 
 VIIL C. 
 VII. C. 
 
 VI. C. Delphinus incipit oriri mane, 
 
 tempestatem significat. C. 
 V. C. 
 
 IV. F. Aquila occidit, hieraat. C. 
 III. F. Canicula occidit vesperi, tem- 
 pestatem significat. C. 
 Prid. C. Tempestas ventosa. C. 
 
 EXPLANATION OF ABBREVIATIONS. 
 
 G. 17 
 
 H. 18 
 
 A. 19 
 
 B. 20 
 
 C. 21 
 
 D. 22 
 
 E. 23 
 
 F. 24 
 
 G. 25 
 
 H. 26 
 
 A. 27 
 
 B. 28 
 
 C. 29 
 
 D. 30 
 
 E. 31 
 
 A, B, C, D, E, F, G, H. These letters are 
 found in all the old calendars, and no doubt were 
 used for the purpose of fixing the nuinliucs in the 
 week of eight days ; precisely in the same way in 
 which the first seven letters are still employed in 
 ecclesiastical calendars, to mark the days of the 
 Christian week. 
 
 Agon. Agonalia. — Ann. Armilustrum, Varro. — 
 
 Apollin. Apollinares. — August. Augitstalia. — C. 
 
 Cnmitia/is, Comitiavit. — Caes. Caesarit. — Capit. 
 
 Cdpitolio. — Car. Carmentalia. — Car. Carnae. — -Cer. 
 
 Cerealia, Varro. — Cir. and Circ. C'ircenses, Circo. 
 
188 
 
 CALIDA. 
 
 CALIGA. 
 
 — Comp. Compitalia. — Con. Consualia, Plutarch. — 
 Div. Divalia, Festus. — VAi.. Eidus. — En. Endoter- 
 cisus, that is, iiitercisas. — Epul. Ejiuliim. — Eq. 
 Efjiiiria, Varro, Ovid, Festus. — Equor. prob. 
 E(jiiorum probandonim, Valer. Max. (lib. "2)— F. 
 Easfus — F. p. Eastus primo. — Fp. Eus Piaetori. 
 Fer. Eeriae. — Fer. or Feral. Fcralia. — Flor. Elo- 
 ralia, Ovid, Pliny. — Font. Eo/itanulia, Varro. — 
 Ford. Eordiculia, Varro. — H. D. Hoe Die. — Hisp. 
 Hkpanutm xicit. — Id. hhm. — Indict. Indicium. — 
 Kal. Kiihndae. — Lar. Larentulia, \'arro, Ovid, 
 Plutarch. — Lem. Lemuria, Varro, Ovid. — Lib. 
 Libendia, \'arro. — Lud. Liuli. — Luper. Lupe.rcalia, 
 A'arro. — Mart. JSIurti, Ovid. — Mat. Matri Matu- 
 iae, Ovid. — Max. Maji/num. — Medit. Meditrinalia, 
 Varro.— Merk. Alerkatus. — Monet. Monetae. — N. 
 Nefastus. — N. F. Nefus. — Np. Ncfastus primo. — 
 Nept. 2Vcj,luna/ia, Ncpiuno. — Non. Nonae. — Opal. 
 
 Opalia, \'aiTO. — Opic. Opicovm-a, Varro Par. 
 
 Parilia, A ano, Ovid, Festus. — Pleb. Plebeii, 
 Ptubis. — Poplif. Popiifugium. — Port. PoriunuUa. 
 — Vr.Pruetori. — Proh. Probandorum. — Q. Quando. 
 — Q. Rex c. F. quando rex coiiiidai'it fas, \ arro, 
 Festus. — Q. St. d. Quando stercus deferiur, A'arro, 
 Ovid, Festus. — Quin. Qui?irjuatrus, Varro. — Quir. 
 Quirina/iu. — Regit'. Pci/i/uiiiuniy or, according to 
 Ovid, the •23d "of Fcbnmrv.— Rol). Rnbii/iilia, 
 Varro. — Satur. Saturnalia, Macroljius. — JSt. Ster- 
 cua. — Ter. Termiiialia. — 'I'ubil. Tubilustrum,\ arro, 
 Ovid, Festus. — Vest. Vesiae. — Vict. Victoria. — 
 Vin. Vimilia, \ arro- — \'olc. Volcanalia, \'arro. — 
 Vol. Vottiirnalia, \ arro. 
 
 CAL'IDA, or CALDA, the wann drink of the 
 Greeks and Romans, which consisted of warm 
 water mixed with wine, with the addition probablj- 
 of spices. This was a very favourite kind of drink 
 with the ancients, and could always be procured at 
 certain shops or taverns, called ilicrmopolia (Plant. 
 Cur. 11. iii. 13, Trin. iv. iii. 6, Riul. ii. vi. 45), 
 which Claudius commanded to be closed at one 
 period of his reign (Dio, Ix. (f). The vessels, in 
 which the wine and water was kept hot, appear to 
 have been of a veiT elegant form, and not unlike our 
 tea-ums both in appearance and construction. A 
 representation of one of these vessels is given in 
 the jMusmi Borbonico, vol. iii. ])1. (JS, from which 
 the following woodcut is taken. In tile middle 
 of tlie vessel there is a small cylindrical furnace, 
 in which the wood or charcoal was kept for 
 heating the water ; and at the bottom of this 
 funiace, there are four small holes for the ashes 
 to fall through. On the right hand side of the 
 vessel there is a kind of cup, communicating with 
 the part surrounding the furnace, by which the 
 vessel might be hlled without taking off the lid ; 
 and on the left hand side there is in about the 
 middle a tube with a cock for drawing off the 
 liquid. Beneath the conical cover, and on a level 
 with the rim of the vessel, there is a moveable flat 
 cover, with a hole in the middle, which closes the 
 whole urn except the mouth of the small furnace. 
 
 Though there can be no doubt that this vessel 
 was used for the purpose which has been mention- 
 ed, it is difficult to determine its Latin name ; but 
 it was probably called aullu-psa [Authepsa]. Pol- 
 lux (x. CiC>) mentions several names which were 
 applied to the vessels used for heating water, of 
 W'hich the lirvoKiS-qs, which also occiu's in Lucian 
 (Ij'.iipli. 8), appears to answer best to the vessel 
 wliicli has been described above. ( Bottiger, 6'«i2«a, 
 ii. p. 34 ; Bekker, Gallus, ii. p. 175.) 
 
 CA'LIGA, a strong and heavy sandal worn hy 
 the Roman soldiers. 
 
 -\lthough tiie use of this species of calciamentum 
 extended to the centurions, it was not worn by the 
 superior officers. Hence the common soldiers, in- 
 cluding centurions, were distinguished by the 
 name of ca/i'iaii. (Suet. Auff. "25 ; Vitcl/. 7.) 
 Service in the ranks was also designated after this 
 article of attire. Thus Marius was said to have 
 risen to the consulship a culiya, i. e. from the 
 ranks (Sen. De lieiief. v. 16), and Ventidius 
 juventam inopcm in caliya militari tolerasse (Plin. 
 
 H. N. vii. 44). The Emperor Caligula received 
 that cognomen when a boy, in consequence of 
 wearing the caliga, and being inured to the life of 
 a common soldier. (Tacit. Ann. 1 ; Suet. Caliy. 9.) 
 Juvenal expressed his determination to combat 
 against vice as a soldier, by saying he would go in 
 caligae {veniam caligatus, Sat. iii. 306). 
 
 The triumphal monuments of Rome show most 
 distinctly the difference between the caliga of the 
 common soldier [Arm.4., p. 85] and the calceus 
 worn b)' men of higher rank. [Abolla, p. 2 ; 
 Ara, p. 68.] 
 
 The sole of the caliga was thickly studded with 
 hob-nails {clari culiyarii, Plin. H. JV. xxxiv. 41 ; 
 ix. 18 ; Juv. Sat. iii. 2'62 ; xvi. 25), a circumstance 
 which occasioned the death of a brave centurion 
 at the taking of Jerusalem. In the midst of 
 victory his foot slipt, as he was ninning over the 
 marble pavement (^KiBoarpwrov) of the temple, 
 and, unable to rise, he was overpowered by the 
 Jews who rushed upon him. (Joseph. Bell. .Jud. vi. 
 
 I. p. 12()t). ed. Hudson.) The use of hob-nails 
 {its TO i)fo57)(Uoto i}\ovs iyKpovaat') was regard- 
 ed as a sign of rusticity by the Athenians. 
 (Theoph. Char. 4.) 
 
 The " caliga speculatoria" (Suet. Catig. 52), 
 made for the use of spies {speculalorcs), was pro- 
 
CALONES. 
 
 bably very strong, tliick, and heavy, and hence ' 
 very troublesome (^molestissiinu, Tertull. De Corona, 
 p. iOO. ed. Rigalt.). 
 
 The making and sale of caligae, as well as of 
 every other kind of shoe, was a distinct trade, the 
 person engaged in it being called "■ caligarius," or 
 " sutor caligarius." (Spon. Misc. Erud. Ant. p. 
 220.) After the decline of the Roman empire, 
 the caliga, no longer worn by soldiers, was assum- 
 ed by monks and ascetics. [J. Y.] 
 
 KAAAISTErA, a festival, or perhaps merely a 
 part of one, held by the women of Lesbos ; at which 
 they assembled in the sanctuary of Hera, and the 
 fairest received the prize of beauty. (Schol. ad II. 
 ix. 140; Suidas, s. ; Antholog. Gr. vi. No. 292; 
 Athcn. xiii. p. GIO.) 
 
 A similar contest of beauty, instituted-by Cyp- 
 selus, formed a part of a festival celebrated by the 
 Parrhasians in Arcadia, in honour of the Eleusi- 
 nian Denieter. The women taking part in it were 
 called Xpvcrocpopoi. (Athen. xiii. p. (iOO.) 
 
 A third contest of the same kind, in which, how- 
 ever, men only partook, is mentioned by Athe- 
 naeus (/. c. ; compare Ktj/moL Mai/n. s. v.) as oc- 
 curring among the Eleans. The fairest man re- 
 ceived as prize a suit of armour which he dedi- 
 cated to Athena, and was adorned by his friends 
 with ribbons and a myrtle wreath, and accom- 
 panied to the temple. From the words of Athe- 
 naeus (xiii. p. GIO), who, in speaking of these con- 
 tests of beauty, mentions Tenedos along with 
 Lesbos, we must infer that in the former island 
 also Callisteia were celebrated. [L. S.] 
 
 CALO'NES were the slaves or servants of the 
 Roman soldiers, so called from carrying wood 
 ((coAa) for their use. Thus says Festus, — Calones 
 mililuta nervi, (juui lifftieas claras gereba/d, quw 
 Graeci Ka\a vocabant. So also Sernus {Ad Aen. 
 vi. 1), — Cuius dinbunt majores nostri /'iistes, 
 quos porlabunt serri scijwntes doiniiios aif proelia. 
 From the same word KaKov, comes Ka\6iTovs, a 
 shoemaker's last (Plato, Si/mp.}. These calones 
 are generally supposed to have been slaves, and 
 almost formed a part of the army, as we may learn 
 from many passages in Caesar : in fact, we are 
 told by Josephus that, from always living with the 
 soldiers and being present at their exercises, they 
 were inferior to them alcme in skill and valour. 
 The word calo, however, was not confined to this 
 signification, but was also applied to farm-servants, 
 inst;inces of which usage are found in Horace. 
 {Epist. I. xiv. 42 ; Sat. i. vi. 103.) 
 
 In Caesar this term is generally found by itself ; 
 in Tacitus it is coupled and made almost identi- 
 cal with lixa. Still the calones and lixae were not 
 the same : the latter, in fact, were freemen, who 
 merely followed the camp for the purposes of gain 
 and merchandise, and were so far from being in- 
 dispensable to an anny, that they were sometimes 
 forbidden to follow it ( ne liruc sequereidtir e,rcr- 
 citum. Sail. Bell. Jui). e. 45). Thus again we read 
 of the lijxte meraUoresque, qui platistris merces por- 
 iahartt (Hirtius, De Bell. Afr. c. 75), words which 
 plainly show that the lixae were traders and 
 dealers. Livy also (v. 8) speaks of them as 
 carrying on business. The term itself is supposed 
 to be connected with lixa, an old word signifying 
 water, inasmuch as the lixae supplied this article 
 to the soldiers : since, however, they probably 
 furnished ready-cooked provisions {e'Lt-us ciljos), it 
 seems not unlikely that their appellation may have 
 
 CALUMNIA. 
 
 189 
 
 some allusion to this circumstance. (See Sail. 
 I. c.) [R. W— N.] 
 
 KAAO'nOYS, KAAOncyAION. [Forma.] 
 CALU'jVIXIA. Calumniari is defined by 
 Marcian (Dig. 48. tit. 16. s. 1), Falsa crimina in- 
 tendere ; a definition which, as there given, was 
 oidy intended to apply to criminal matters. The 
 definition of Paulus {Sent^int. Recept. i. tit. 5) ap- 
 plies to matters both criminal and ciWl : Caliimiii- 
 osus est qui sciens ]}rudcnsqiie per fraudem myotium, 
 alicui comparat. Cicero {Off', i. 10) speaks of 
 "calumnk," and of the nimis cullida et malitiosa 
 juris interpretaiio, as things related. Gaius savs, 
 Culumniu in adfectti est, sieut furti crimen ; the 
 criminality was to be determined by the intention. 
 
 When an accuser failed in his proof, and the 
 reus was acquitted, there might be an inquiry into 
 the conduct and motives of the accuser. If the per- 
 son who made this judicial inquiry {rpd coiinorit), 
 found that the accuser had merely acted from error 
 of judgment, he acquitted him in the form non pro- 
 basti ; if he convicted him of evil intention, he de- 
 clared his sentence in the words calunuiiatus es, 
 which sentence was followed by the legal punish- 
 ment. 
 
 According to Marcian, as above quoted, the punish- 
 ment for calumnia was fixed hy the lex Remmia, 
 or, as it is sometimes, perhaps incorrectly, named, 
 the lex Memmia. (Val. Max. iii. 7. 9.) But it is 
 not known when this lex was passed, nor what 
 were its penalties. It appears from Cicero {Pro 
 Se.rt.; Eosc. Am/'rino, c. 20), that the false ac- 
 cuser might be branded on the forehead with the 
 letter K, the initial of Kalumnia ; and it has been 
 conjectured, though it is a mere conjecture, that 
 this punishment was inflicted by the lex Remmia. 
 
 The punishment for calumnia was also exsilium, 
 relegatio in insulam, or loss of rank (ordinis amis- 
 sio); but probably only in criminal cases, or in 
 matters relating to status. (Paulus, Sentent. Recept. 
 V. 1. 5 ; M. 4. 11.) 
 
 In the case of actiones, the calumnia of the actor 
 was checked by the calumniae judicium, the judi- 
 cium contrarium, the jusjuranduni calumniae, and 
 the restipulatio ; which are particularly described 
 by Gaius (iv. 174 — 181). The defendant might 
 in all cases avail himself of the calumniae judicium, 
 hy which the plaintiff, if he was found to be guilty 
 of calumnia, was mulcted to the defendant in the 
 tenth part of the value of the object-matter of the 
 suit. But the actor was not mulcted in this action, 
 unless it was shown that he brought his suit, with- 
 out foundation, knowingly and designedh% In the 
 contrarium judicium, of which the defendant could 
 only avail himself in certain cases, the rectitude of 
 the plaintiff's purpose did not save him from the 
 penalty. Instead of adopting either of these modes 
 of proceeding, the defendant might require the 
 plaintiff to take the oath of calumnia, which was 
 to the effect, Se ncm calmnniae causa uyeri'. In some 
 cases the defendant also was required by the 
 praetor to swear that he did not dispute the 
 plaintiff's claim, calumniae causa. Generally speak- 
 ing, if the plaintiff' put the defendant to his oath 
 {jusjurundum ei de/erebut), the defendant might 
 put the plaintiff to his oath of calumny. (Dig. 12. 
 tit. 2. s. 37.) In some actions, the oath of 
 calumny on the part of the plaintiff was a necessary 
 preliminary to the action. In all judicia publica, 
 it seems that tlie oath of caliminia was required 
 from the accuser. 
 
190 CAMPUS MARTIUS. 
 
 CAMPUS MARTIUS. 
 
 If the restipulationis poena was required from 
 the actor, the defendant could not have the benefit 
 of the calumniae judicum, or of the oath of calumny ; 
 and the judicium contrarium was not applicable to 
 such cases. 
 
 Persons who for money either did or neglected 
 to do certain things calumniae causa, were liable 
 to certain actions. (Dig. 3. tit. 6.) [G. L.] 
 
 CA'MARA (Kafidpa), or CAMERA, is used in 
 two different senses : — 
 
 I. It signifies a particular kind of arched ceiling 
 in use amongst the Romans (Cic. Ad Quint. Frat. 
 iii. 1. § 1 ; Propert. lu. ii. 10 ; Plin. H. N. xxxvi. 
 64. ed. Franz.), and most probably common also to 
 the Greeks, to whose language the word belongs. 
 It was fonned by semicircular bands or beams of 
 wood, arranged at small lateral distances, over 
 which a coating of lath and plaster was spread, and 
 the whole covered in by a roof, resembling in con- 
 stinction the hooped awnings in >use amongst us 
 (Vitniv. vii. 3) ; or like the segment of a cart 
 wheel, from which the expression rolatio camara- 
 Tum is derived. (Salmas. iti Spart. Hadr. c. 10.) 
 Subsequently to the age of Augustus, it became the 
 fashion to line the mmarae with plates of glass ; 
 hence they are termed intreae. (Plin. I. c. ; com- 
 pare Statius, Silv. I. iii. 53. ) 
 
 II. Small boats used in early times by the peo- 
 ple who inhabited the shores of the Palus Maeotis, 
 capable of containing from twenty-five to thirty 
 men, were tenned Kanagai by the Greeks. (Strabo, 
 xi. p. 388. ed Siebenkees.) They were made to 
 work fore and aft, like the fast-sailing proas of 
 the Indian seas ; and continued in use until the 
 age of Tacitus, by whom they are still named 
 camarae (Hist. iii. 47), and by whom their con- 
 struction and uses are described. (Compare Gell. 
 X. 25.) [A. R.] 
 
 CAMI'NUS. [House.] 
 
 C AMPESTRE (sc. sMi,jur) was a kind of girdle 
 or apron, which the Roman youths wore around 
 their loins, when they exercised naked in the 
 Campus Martins (Augustin. Dc Ck\ Dei. xiv. 17). 
 The campestre was sometimes worn in warm wea- 
 ther in place of the tunic under the toga {campestri 
 sub toqa cauius, Ascon. ad Cic. pro Scauro, p. 30. 
 ed. Orelli ; Hor. Ep. i. xi. 18). 
 
 CAMPIDOCTO'RES were persons who taught 
 soldiers their exercises. (Veg. i. 13.) In the times 
 of the republic this duty was discharged by a cen- 
 turion, or a veteran soldier of merit and distinc- 
 tion. (^Exercitationihus nostris non veteranorum 
 aliqiiis, cut decus, muralis aut civica, scd (rraeculus 
 mcuiister assistit, Plin. Pati. 13.) 
 
 CAMPUS MARTIUS. The term campus 
 belongs to the language of Sicily, in which it signi- 
 fied a hippodrome, or race-course (ko/uttos, 'nrirS- 
 Spofios 2iKe\oij, Hesych.) ; but amongst the Ro- 
 mans it was used to signify an open plain, covered 
 with herbage, and set apart for the pui-pose of ex- 
 ercise or amusement. Eight of these plains are 
 enumerated by P. Victor as appertaining to the city 
 of Rome ; amongst which the most celebrated was 
 the Campus Martius, so called because it was con- 
 secrated to the god Mars. (Liv. ii. 5.) Some diifer- 
 ence exists between Livy and Dionysius Halicar- 
 nassus respecting the period at which this conse- 
 cration took place. The fomer states (/. c.) that 
 upon the expulsion of the Tarquins, the people 
 took possession of their property (m/er Tarijuinuj- 
 rum), situate between the cit\' and the Tiber, and 
 
 assigned it to the god of war, by whose name it 
 was svhseqTjently distinguished ; whereas the latter 
 says (v. p. 27G. edit. 1704), that the af/cj- Turquinio- 
 riim had been usurped from that divinity, to whom 
 it belonged of old, and appropriated by the Tar- 
 quins, so that it was only restored to its original 
 service upon their expulsion ; which gains confir- 
 mation from a law of Numa, quoted by Festus (s. 
 Opi?na), — Secunda spotia in Martis aram in campo 
 Solitaurilia utra voluerit caedito. (Compare Liv. 
 i. 44.) 
 
 From the greater extent and importance of this 
 plain beyond all the others, it was often spoken of 
 as the plain, /car" efoxiji', without any epithet to 
 distinguish it, as in the passage of Festus just 
 cited (Propert. ii. 16. 34; Ovid, Fast. vi. 237; 
 Liv. xl. 45; Lucan. i. 180; Hor. Od. in. i. 10 ; 
 Cic. Cat. i. 5, De Off. 1. 29) ; and, therefore, when- 
 ever the word is so used, it is the Campus Martius 
 which is to be understood as always referred to. 
 
 The general designation Campus Martius com- 
 prised two plains, which, though generally spoken 
 ofcollectively,are sometimes distinguished. (Strabo, 
 V. 8.) The former of these was the so called ager 
 Tarquiniorum, to which Juvenal {Sat. vi. 525) 
 refers — inde Superhi Totum regis agrum ; the other 
 was given to the Roman people by the vestal 
 virgin Caia Taratia or Suffetia (Aul. Gell. vi. 7 ; 
 Plin. H. N. xxxiv. 11. ed. Franz.), and is some- 
 times called Campus Tiberinus (Gell. and Plin. U. 
 cc), and sometimes Campus Minor (CatuU. Iv. 3). 
 
 It is difficult to determine the precise limits of 
 the Campus Martius ; but in general terms it may 
 be described as situated between the Via Lata and 
 Via Fluminia on the north, the Via Reda on the 
 south, as bounded by the Tiber on the west, and 
 the Pantheon and gardens of Agrippa towards the 
 east ; and the Campus Minor, or Tiberinus, occu- 
 pied the lower portion of the circuit towards the 
 Via Recta, from the pons Aelius to the pons Jani- 
 culensis. [Bridge.] (Nardini, Rovi. Ant. yi. 6 ; 
 Donat. Dc Urhe Rom. i. 8.) 
 
 That the Campus Martius was originally witlwut 
 the city is apparent ; first, from the passages of 
 Livy and Dionysius above referred to ; second- 
 ly, from the custom of holding the Comitia Centu- 
 riata there, which could not be held within the 
 Pomoerium ; hence the word campus is put for the 
 comitia (Cic, De Orat. iii. 42), which also explains 
 the expression of Cicero (in Pis. 2), fors domina 
 campi, and of Lucan {I. c), rcnalis campus, which 
 means " a corrupt voter :" thirdly, because the 
 generals who demanded a triumph, not being allow- 
 ed to enter the city, remained with their armies in 
 the Campus Martius ; and finally, because it was 
 not lawful to buiy within the city, whereas the 
 monuments of the illustrious dead were amongst 
 the most striking ornaments with wliich it was 
 embellished. (Strabo, /. c; Plut. Pomp. p. 647. D. ; 
 Appian. Bell. Civ. i. p. 418; Suet. Aug. c. 100, 
 Claud, c. 1.) [BusTUM.] But it was included in 
 the city by Aurelian when he enlarged the walls. 
 (Nardini, Rom. Ant. i. 8.) 
 
 The principal edifices which adomcd this famous 
 plain are described by Strabo (v. 8), and are 
 amply treated of hy Nardini {Rom. Ant. vi. 5 — 9). 
 It was covered with perpetual verdure (Hor. Od. 
 III. vii. 25) ; and was a favourite resort for air, exer- 
 cise, or recreation, when the labours of the day 
 were over. (Hor. Ep. i. vii. 59.) Its ample area was 
 crowded by the young, who there initiated them- 
 
CANALIS. 
 
 CANDELABRUM. 191 
 
 IveB in all warlike and athletic exercises, and in 
 tlie games usual to the palaestra ; for which purpose 
 'the contig:uous Tiber rendered it peculiarly appro- 
 priate in early times, before public baths were esta- 
 blished. (Strabo, /. c. ; Veget. i. 10.) Hence cam- 
 pus is used as " a field " for any exercise mental or 
 bodily. (Cic. De Off. i. ; Acad. ii. 35 ; Pro 
 Mar. 8.) Wooden horses were also kept in the 
 Campus Martius, under porticoes in winter, and in 
 'the open plain during summer, in order to give ex- 
 pertness in mounting and dismounting ; a necessary 
 practice when stirrups were not in use. (Veget. i. 
 '23.) Horse-races (equiria) also took place here, 
 unless when the campus was overflowed, upon which 
 occasions they were removed to the Campus Mar- 
 tialis on the Caelian. (Fest. s. v.) [A. R.] 
 
 CAMPUS SCELERA'TUS was a spot within 
 the walls, and close by the porta CoUina, where 
 those of the vestal virgins who had transgressed 
 their vows were entombed alive, from which (5r- 
 cumstance it takes its name. (Liv. viii. IS.) As it 
 was unlawful to bury within the city, or to slay a 
 vestal, whose person, even when polluted by the 
 crime alluded to, was held sacred, this expedient 
 was resorted to in order to elude the superstition 
 against taking away a consecrated life, or giving 
 burial within the city. (Compare Festus, s. Pro- 
 britm.) [A. R.] 
 
 KA'NAB02 or KI'NNAB02, was a figure of wood 
 in the form of a skeleton, round which the clay or 
 plaster was laid in forming models. Figures of 
 a similar kind, formed to displaj' the muscles and 
 veins, were studied by painters in order to acquire 
 some knowledge of anatomy. (Arist. Hist. Anim. 
 iii. 5, De Gen. Anim. ii. 6 ; Pollux, viL 164. x. 
 189; Suid. and Plesych. s. v.; MUller, Arch'dol. 
 der Kunsf. § 305. n. 7.) 
 
 CANA'LIS, which means properly a pipe or 
 gutter for conveying water, is also used in three 
 specific significations : — 
 
 I. To designate a particular part of the Forum 
 Romanum. (Plaut. CurculL iv. i. 14.) 
 "In foro infimo boni homines atque dites ambulant ; 
 
 In meiio propter canaletn, ibi ostentatores men." 
 The immediate spot so designated is not precisely 
 kno^vn ; but we can make an approximation which 
 cannot be far from the tnith. IJefore the Cloaca/', 
 were made, there was a marshy spot in the Forum 
 called the Lacus Curtius (Varro, De Line). Lat. v. 
 149. ed. MUller); and as the Cloaca Maxima was 
 constructed for the pui-pose of draining off the 
 waters which flowed down from the Palatine hill 
 into the Forum, it must have had a mouth in 
 it, which was probably near the centre. The 
 " kennel," therefore, which conducted the waters 
 to this embouchure was termed C'analis in Foro; 
 and because the idle and indigent amongst 
 the lower classes were in the habit of frequent- 
 ing this spot, they were named Canalicolae. 
 (Festus, s. V. ; compare Aid. Gell. iv. 20.) The 
 canalis appears to have had gratings (ca«- 
 celli) before it, to which Cicero {Pro Sext. 58) 
 refers when he says, that after the tribune P. 
 Sextus had arrived at the Columna Menia — tantus 
 est ex omnibus spectaculis m<jm a Capitolio, tuiitus 
 ex fori canccllis jilaicsus excUatus; by which he 
 means all classes both high and low: the upper 
 who sat between the Columna Menia and the 
 Capitol ; and the lower, who were stationed near 
 the cancelli of the canalis. In the modern city of 
 Rome, the foul waters empty themselves into the 
 
 sewers through an archway nearly six feet high, the 
 mouth of which is closed by an iron grating called 
 cancetlo, so that the passer-by is annoyed by the 
 efBu\-ia exhaling from them ; which, we learn from 
 a passage in Tertullian (ZJe Pall. c. 5), was also the 
 case in the ancient city. 
 
 II. Canalis is used by Vitruvius (iii. 3. p. 97. 
 ed. Bipont.) to signify the channel which lies be- 
 tween the volutes of an Ionic capital, above the 
 c\Tnatium or echinus, which may be understood by 
 referring to the representation of an Ionic capital 
 given in the article Astragalus. 
 
 III. In reference to aquaeducts, Canalis is 
 used by Frontinus (67) for a conduit of water 
 running parallel to the main course (specus), though 
 detached from it. Accurately speaking, it there- 
 fore means a pipe of lead or clay (Vitruv. viii. 7), 
 or of wood (Palladio, ix. 11), attached to the aquae- 
 duct, which brought a stream of water from the 
 same source, but for some specific use, and not for 
 general distribution ; though the word is sometimes 
 used for a watercourse of any kind. [A. R.] 
 
 KA'NAQPON, a carriage, the upper part of 
 which was made of basket-work, or more properly 
 the basket itself, which was fixed in the carriage. 
 (Xen. Ayes. viii. 7 ; Plut. Af/cs. c. 19.) Homer 
 calls this kind of basket ireiptvs {II. xxiv. 190. 
 267 ; and Eustath. ad he. Compare Sturtz, Lex. 
 Xenoph. s. KdvaBpov: Scheffer, De Re Vehic. p. 68.) 
 
 CANDE'LA, a candle, made either of wax 
 {cerea) or tallow {selMcea), was used universally 
 by the Romans before the Invention of oil lamps 
 {Incernae). (Varro, De Liny. Lat. v. 34 ; Martial, 
 xiv. 43 ; Athen. xv. 700.) They used for a wick 
 the pith of a kind of rush called scirpus (Plin. H. 
 N. xvi. 70). In later times candelae were only 
 used by the poorer classes ; the houses of the mor^ 
 wealthy were always lighted by lucemae (Juv. Sat. 
 iii. 287). See Bekker, Gallus.'ii. p. 201. 
 
 CANDELA'BRUM was originally used as a 
 candlestick, but was afterwards used to support 
 lamps {\vxvovxos), in which signification it most 
 commonly occurs. The candelabra of this kind were 
 usually made to stand upon the ground, and were 
 of a considerable height. The most common kind 
 were made of wood (Cic. Ad Quint, iii. 7 ; Martial, 
 xiv. 44 ; Petron. c. 95 ; Athen. xv. 700) ; but those 
 which have been found in Herculaneum and Pom- 
 peii are mostly of bronze. Sometimes they were 
 made of the more precious metals and even of 
 jewels, as was the one which Antiochus intended 
 to dedicate to Jupiter Capitolinus. (Cic. Vcrr. iv. 
 28.) In the temples of the gods and palaces there 
 were frequently large candelabra made of marble, 
 and fastened to the ground. (Museo, Pio-Clem. iv. 
 1. 5; y. 1. 3.) 
 
 There is a great resemblance in the general plan 
 and appearance of most of the candelabra which 
 have been found. They usually consist of three 
 parts : — I. the foot (/SaVij) ; 2. the shaft or stem 
 {Kav\6s) ; 3. the plinth or tray (5i<r/co's), large 
 enough for a lamp to stand on, or with a socket to 
 receive a wax candle. The foot usually consists 
 of three lions' or griflins' feet, ornamented with 
 leaves ; and the shaft, which is either plain or 
 fluted, generally ends in a kind of capital, on 
 which the tray rests for supporting the lamp. 
 Sometimes we find a figure between the capital and 
 the tray, as is seen in the candelabrum on the 
 right hand in the annexed woodcut, which is taken 
 from the Museo Borhonico (iv. pi. 57),and repre- 
 
192 
 
 CANDELABRUM. 
 
 sents a candelabrum found in Pompeii. The one 
 on the left hand is also a representation of a 
 candelabrum found in the same city (Mi/s. Borb. 
 vi. pi. 61), and is made with a sliding shaft, by 
 which the light might be raised or lowered at 
 pleasure. 
 
 The best candelabra were made at Aegina and 
 Tarentum. (PHn. H. N. xxxiv. G.) 
 
 There are also candelabra of various other forms, 
 though those which have been given above are by 
 
 KA'NATS. 
 
 far the most common. They sometimes consist ofj 
 a figure supporting a lamp [Mas. Borb. vii. pi. 15), 
 or of a figure, by the side of which the shaft is 
 placed with two brauchcs, each of which termi- 
 nates in a flat disc, upon which a lamp was placed. 
 A candelabrum of the latter kind is given in the 
 preceding woodcut (Mus. Borb. iv. pi. 59). 
 The stem is formed of a liliaceous plant ; and at 
 the base is a mass of bronze, on which a Silenus 
 is seated, engaged in trying to pour wine from a 
 skin which he holds in his left hand, into a cup in 
 his right. 
 
 There was another kind of candelabrum, entirely 
 different from those which have been described, 
 which did not stand upon the ground, but was 
 placed upon the table. These candelabra usually 
 consist of pillars, from the capitals of which several 
 lamps hang down, or of trees, from whose branches 
 lamps also are suspended. The following wood- 
 cut represents a very elegant candelabrum of this 
 kind, found in Pompeii. (Mus. Borb. ii. pi. 13.) 
 
 The original, including the stand, is three feet 
 high. The pillar is not placed in the centre, but 
 at one end of the plinth, which is the case in al- 
 most every candelabnmi of this description yet 
 found. The plinth is inlaid in imitation of a vine, 
 the leaves of which are of silver, the stem and fruit 
 of bright bronze. On one side is an altar with 
 wood and fire upon it ; and on the other a Bacchus 
 riding on a tiger. 
 
 KA'NATS, a gown worn by the Medes and 
 Persians over their trowsers and other garments. 
 (Xen^Cy. i. 3. § 2 ; Anal>. i. 5. § 8 ; Diod. Sic. 
 xvii. 77. ) It had wide sleeves, and was made of 
 woollen cloth, which was either purple or of some 
 other splendid colour. In the Persepolitan sculp- 
 tures, nearly all tlie principal personages are cloth- 
 ed in it. The tliree here shown are taken from 
 Sir R. K. Porter's Travels (v. i. pi. 49). 
 
CANEPHOROS. 
 
 CANTICUM. 
 
 193 
 
 We observe that the persons represented in 
 hese sculptures commonly put their hands through 
 hesleeves(5i6ip/coT6s to's x^^P"^ touv KavSvwv) ; 
 mt sometimes keep them out of the sleeves { e^w 
 -CiV xf'pfSwv) ; a distinction noticed by Xenophon 
 Vyr. viii. 3. § 10. 13). The Persian candys, 
 vhich Strabo (xv. 3. 19) describes as a " flowered 
 unic with sleeves," corresponded to the woollen 
 unic worn by the Babylonians over their linen 
 ihirt (fipiveof KSCiva eirevSvvei, Herod, i. 195 ; 
 fievSuTrij ipeoOs, Strabo, xvi. 1. 20). A gown of 
 'ihe same kind is still worn by the Arabians, Turks, 
 ind other Orientals, and by both sexes. [J. Y.] 
 
 CANE'PHOROS ((covrj^dpoj). When a sacri- 
 '3ce was to be offered, the round cake (Tpo^ia 
 pdoU, Addaei Epi<f. Bmnck, ii. "241 ; nonavov, 
 Aelian, V. H. xi. .5. oXr;, mola saha), the chaplet 
 of flowers, the knife used to slay the victim, and 
 sometimes the frankincense, were deposited in a 
 flat circular basket (Kaveoc, cai^istrum), and this 
 was frequently carried by a virgin on her head to 
 the altar. The practice was observed more espe- 
 cially at Athens. When a private man sacrificed, 
 either his daughter, or some unmarried female of 
 his family, officiated as his canephoros (Aristoph. 
 Acharn. 241 — 252); but in the Panathenaia, the 
 Dionysia, and other public festivals, two virgins of 
 the first Athenian families were appointed for the 
 purpose. Their function is described by Ovid in 
 the following lines {Met. ii. 71-3 — 715): — 
 
 " Ilia forte die castae de more puellae 
 Vertice supposito festas in Palladis arces 
 Pura coronatis portabant sacra canistris." 
 
 That the ofiice was accounted highly honourable 
 appears from the fact, that the resentment of Har- 
 modius, which instigated him to kill Hipparchus, 
 arose from the insult offered by the latter in for- 
 bidding the sister of Harmodius to walk as cane- 
 phoros in the Panathenaic procession. (Thucyd. vi. 
 56 ; Aelian, V. H. xi. 8.) An antefixa in the 
 British Museum (see woodcut) represents the two 
 canephoroe approaching a candelabrum. Each of 
 them elevates one arm to support the basket, while 
 
 she slightly raises her tunic with the other. This 
 attitude was much admired by ancient artists. 
 Pliny (H.N. xxxvi. 4.7) mentions a marble cane- 
 phoros by Scopas, and Cicero ( Verr. ii. iv. 3) de- 
 scribes a pair in bronze, which were the exquisite 
 work of Polveletus. [Caryatis.] [J. Y.] 
 
 CANIC'OLAE. [Canalis.] 
 
 CAN'THARUS {KavBapos) was a kind of 
 drinking-cup, furnished with handles (cantharus 
 aiisa, Virg. Ed. vi. 17). It is said by some writers 
 to have derived its name from one Cantharus, who 
 first made cups of this fonn. (Athen. xi. p. 474 e ; 
 PoUux, vi. m ; Phn. H.N. xxxiv. 19. § 25.) The 
 cantharus was the cup sacred to Bacchus (Macrob. 
 Sat. V. 21 ; Plin. H. N. xxxiii. 53), who is fre- 
 (]uenlly represented on ancient vases holding it in 
 his hand, as in the following woodcut, which is 
 taken from a painting on an ancient vase. (Millin- 
 gen, Peiiiiures Antiques, pi. 53.) 
 
 CAN'TICUM. In the Roman theatre, between 
 the first and second acts, flute music appears to 
 have been introduced (Plaut. Pseudol. i. v. 160), 
 which was accompanied by a kind of recitative, 
 performed by a single actor, or if there were two, 
 the second was not allowed to speak with the first. 
 Thus Diomedes (iii. p. 489. ed. Putsch.) says: — 
 In canticis una tantum debet esse persona, aut si 
 duae fmrint, ita dehent esse, ut ex occulta una audiat 
 nec colloqiiatur, sed secum, si opus fuerii, verba 
 fiiciat. In the canticum, as violent gesticulation 
 was required, it appears to have been the custom, 
 from the time of Livius Andronicus, for the actor to 
 confine hunself to the gesticulation, while another 
 person sang the recitative. (Liv. viii. 2 ; Lucian, 
 De Saltat. c. 30 ; Isidor. Orig. xviii. 44.) The 
 canticum always formed a part of a Roman comedy. 
 Diomedes observes that a Roman comedy consists 
 of two parts, dialogue and canticum (Lutinae comoe- 
 diae duobus tantum membris constant, diverbio et 
 cantico). Wolf (Z)p Canticis, p. 1 1 ) endeavours 
 to show that cantica also occurred in tragedies and 
 the Atellanae fabulae. There can be no doubt that 
 
 li 
 
194 
 
 CAPITOLIUM. 
 
 CAPITOLIUM. 
 
 they did in the latter ; they were usually composed 
 in the Latin, and sometimes in the Greek lan- 
 guage, whereas the other parts of the Atellane 
 plays were written in Oscan. [Atellanae Fa- 
 
 BULAE.] 
 
 KAnHAEI'ON. [Caupona.] 
 CAPILLUS. [Co.MA.] 
 
 CAPISTRUM i<l>opg(ta), a halter, a tie for 
 horses, asses, or other animals, placed round the 
 head or neck, and made of osiers or other fibrous 
 materials. It was used in holding the head of a 
 quadruped wliich recjuired any healing operation 
 {Co\.De Re Iiiist.\i. 19), in retaining animals at the 
 stall ( Varro, IJe Re Rust- ii. 6 ), or in fastening them 
 to the yoke, as shown in the woodcut Aratrum 
 (p. 69). In representations of Bacchanalian proces- 
 sions the tigers or panthers are attached to the 
 yoke by capistra made of vine-branches. Thus we 
 read of the rite cirpiairutae tiitres of Ariadne (Ovid, 
 Epist. ii. 80 ; Sidon. ApoU. (Ainn. xxii. 23), and 
 they are seen on the bas-relief of a sarcophagus in 
 the Vatican representing her nuptial procession. 
 See the annexed woodcut. 
 
 In ploughing fields which were planted with 
 vines or other trees, the halter had a small basket 
 attached to it, inclosing the njouth, so as to prevent 
 the ox from cropping the tender shoots (fiscellis 
 capistrari, Plin. //. N. xvii. 49. § 2 ; Cato, De Re 
 Rust. 54). Also when goatherds wished to ob- 
 tain milk for making cheese, they fastened a muzzle 
 or capistrum, armed with iron points, about the 
 mouth of the kid to prevent it from sucking. 
 (Virg. Georg. iii. 399.) 
 
 Bands of similar materials were used to tie vines 
 to the poles ( pali), or transverse rails C j'lija), of a 
 trellis (Col. De Re. Runt. iv. 20 ; xi. 2). 
 
 The term (popSeid was also applied to a contriv- 
 ance used by pipers (auArjTol) and trumpeters to 
 compress their mouths and cheeks, and thus to aid 
 them in blowing. [Chiridota.] This was said 
 to be the invention of Marsyas. (Simonides,jB™«ci- 
 An. i. 122; Sophocles, ap. Cic. ad Att. ii. 16; 
 Aristoph. Av. 862, Fesp. 580, Eq. 1147; Schol. 
 ad II.) [J. Y.] 
 
 CAPITA'LIS. [Caput.] 
 
 CA'PITE CENSI. [Caput.] 
 
 CA'PITIS DEMINU'TIO. [Caput.] 
 
 CAPITO'LIUM. This word is used in differ- 
 ent significations by the Latin writers, the princi- 
 pal of which are the following : — 
 
 I. Capitolium, a small temple [saceUian, Varro, 
 De Ling. Lai. v. 158), supposed to have been built 
 by Numa, and dedicated to Jupiter, Juno, and 
 Minerva (Varro, /. c), situated in the Regie ix. 
 on the Esquiline, near to the spot which was after- 
 
 wards the Circus of Flora (Varro, I. c. ; Noti 
 Imper. ; P. Victor). It was a small and humbi 
 structure, suited to the simplicity of the age i: 
 which it was erected ( Val. Max. iv. 4. § 1 1 ), am 
 was not tenned capitolium until after the found 
 ation of the one mentioned below, from which i 
 was then distinguished as the capitolium vetu 
 (Varro, I. c). Martial (Epig. v. xxii. 4) allude 
 to it under the name of antiijuum Jovem. 
 
 II. Capitolium, the temple of Jupiter Optimu 
 Maximus, in the Rcgio viii. on the Mons Tarpeiu 
 (Liv. 1. 55), so called from a human head being dis 
 covered in digging the foundations (Dionys. iv 
 p. 247 ; Liv. I. c. ; Varro, De Ling. Lai. v. 41 ; Serv 
 ad Virg. Aen. viii. 345). Martial distinguishe 
 very clearly this temple from the one mentionet 
 above {Epig. vii. Ixxiii.) — 
 
 " Esquiliis domus est, domus est tibi coUe Dianae 
 Inde 7iorum, veterem prospicis inde, Jovetn.^'' 
 Tarquinius Priscus first vowed during the Sabim 
 war to build this temple, and commenced th{ 
 foundations. (Liv. i. 38; Tacit. Hist. iii. 72; com- 
 pare Plin. //. A^. iii. 9. ed. Franz.) It was after 
 wards continued by Servius Tullius, and finally 
 completed by Tarquinius Superbus out of the spoih 
 collected at the capture of Suessa Pometia (Tacit 
 /. c. ; Liv. i. 55) ; but was not dedicated until th( 
 year b. c. 507, by M. Iloratius (Liv. ii. 8). Ii 
 was burnt down during the civil wars, at the timf 
 of Sulla, B. c. 83 (Tacit. I. e. ; Plin. //. N. xiii. 27 
 Plut. Su/l. c. 27), and rebuilt by him, but dedicat- 
 ed by Lutatius Catulus, B. c. 69. (Tacit. I. c. ; Plin. 
 //. N. xix. 6; Liv. Ep. 98.) It was again burni 
 to the ground by the faction of Vitellius, A. n. 7C 
 (Tacit. I. c. ; Plin.//. A'^. xxxiv. 17), and rebuilt bj 
 Vespasian ; upon whose death it was again de- 
 stroyed by fire, and sumptuously rebuilt for the 
 third time by Domitian. (Suet. Dom. c. 5.) 
 
 The Capitolium contained three temples within 
 the same peristyle, or three cells parallel to each 
 other, the partition walls of which were common, 
 and all under the same roof. (Dionys. iv. p. 248.) 
 In the centre was the seat of Jupiter Optiraus 
 Maximus (Dionys. I.e.), called eel/a .Jovis (GcU. vii. 
 1,2; Liv. X. 23), and hence he is described by Ovid 
 {Eoc Pont. iv. 9. 32) as '■''media qui sedet aede 
 Deus." That of Minerva was on the right (Liv. 
 vii. 3); whence, perhaps, the allusion of Horace 
 (Carni. I. xii. 19), '■^ Proximns illi tamen occupavit 
 Pallas hmores;" and that of Juno upon the left ; 
 but compare Livy (iii. 17), " Jupiter Optimus 
 Maximus, Juno regina, et Minerva," and Ovid 
 (Trist. ii. 289. 293), which passages are considered 
 by some writers to give Juno the precedence over 
 Minerva. The representation of the Capitolium in 
 the next woodcut is taken from a medal. 
 
 The exact position occupied by this temple has 
 been the subject of much dispute. Some writers 
 
CAPSA. 
 
 CAPULUS. 
 
 195 
 
 ''^Mconsider it to have been upon the north, and some 
 upon the south point of the Mens Capitolinus ; 
 some that it stood upon a difterent summit from 
 the arx, or fortress, with the intcrmont'mm between 
 ■them ; others that it was within the ur.r, which 
 is again referred by some to that side of the mount 
 • which overhangs the Tiber, and by others to the 
 > 'opposite acclivity. The reader will find the sub- 
 ject fully discussed in the following works : — 
 - Marlian. Urb. Rum. Topogr. ii. 1. .5 ; Donat. De 
 :' Urb. Horn.; Lucio Mauro, Aniichita. di Roma; 
 ■Andreas Fulvio, id.\ Biondo, Roma Restaurat. ; 
 Nardini, Roma Antica. v. 14 ; Bunsen and Plat- 
 irr, Beschreibung Roms; Niebuhr, Hist. Rom. vol. 
 '.. ]). 502. transL 
 
 III. Capitolium is sometimes put for the whole 
 uount, including both summits, as well as the inter- 
 uontimn, which was originally called Mons Satur- 
 lius (Varro, De Lin;/. Lut. v. 42), and afterwards 
 Mons Tarpeius (Id. v. 41 ; Dionys. iii. p. 193; iv. 
 1. 247), from the virgin Tarpeia, who was killed 
 md buried there by the Sabines; and finally Mons 
 Japitolinus, for the reason already stated ; and 
 1 -when this last tenn became usual, the name of Tar- 
 )eia was confined to the immediate spot which was 
 ihe scene other destruction (Varro, /. c), viz., the 
 i! 'ock from which criminals were cast down. This 
 1 jiistinction, pointed out by Varro, is material ; be- 
 n ';ause the epithet Tarpeian, so often applied by the 
 ■' joets to Jupiter, has been brought forward as a 
 i! jroof that the temple stood U])on the same side as 
 ithe rock, whereas it only proves that it stood upon 
 ~ '.he Tarpeian or Capitoline mount. At other times 
 I l-apilo/ium is used to designate one only of the 
 i ^lummits, and that one apparently distinct from the 
 I, irx (Dionys. x. p. 61 1 ; Liv. i. .33 ; ii. 8 ; Aul. Gel!. 
 It 12) ; which obscurity is further increased, be- 
 ;ause, on the other hand, ar.r is sometimes put for 
 i ,he whole mount (Liv. v. 40), and at others for 
 it one of the summits only. (Compare Liv. ii. 49 ; iii. 
 t 15; V. 41 ; Flor. iii. 21 ; Virg. Aeu. viii. C52. et 
 I 5erv. ad I.) 
 
 II ; There were three approaches from the Forum to 
 i ;he Mons Capitolinus. The first was by a flight 
 i l)f 100 steps {centum gradux. Tacit. Hist. iii. 71), 
 
 which led directly to the side of the Tarpeian rock. 
 ' The other two were the clii^iis C'apito/inus, and 
 
 'fiwas ^s^t (Tacit./.c), one of which entered on the 
 r north, and the other on the south side of the inter- 
 ! iiontium, the former by the side of the Carceres Tul- 
 j iani, the latter from the foot of the Via Sacra, in 
 ! the direction of the modern accesses on either side 
 
 iif the Palazzo de' Consultori ; but which of these 
 ' was the clivus Capitolinus, and which the clivus 
 : Asyli, will depend upon the disputed situation of 
 
 the arx and temple of Jupiter Optinuis Maximus. 
 The epithets aurea (Virg. Aen. viii. 348) and 
 
 'ulgens(lior. Carm. III. iii. 43)are illustrative of the 
 
 naterials with which the temple of Jupiter 0. M. 
 
 was adorned — its bronze gates (Liv. x. 23), and 
 
 ;ilt ceilings and tiles. {VYm.H.N. xxxiii. 18.) The 
 
 gilding of the latter alone cost 12,000 talents. 
 
 ;Plut. Poplie. p. 104.) 
 
 IV. C.\PIT0LIUM is also used to distinguish the 
 
 •hief temples in other cities besides Rome. (Sil. 
 
 [tal. xi. 267; Plant. Cure. ii. ii. 19; Suet. 
 
 Tiber. 40.) [A. R.] 
 
 CAPIT'ULUM. [CoLUMNA.] 
 CAPSA {dim. CAPSULA), or SCRINIUM, 
 
 was the box for holding books among the Romans. 
 
 These boxes were usually made of beech-wood 
 
 I 
 
 (Plin. H. N. xvi. 84), and were of a cylindrical 
 form. There is no doubt respecting their form, 
 since they are often placed by the side of statues 
 dressed in the toga. The following woodcut, which 
 represents an open capsa with six rolls of books in 
 it, is from a painting at Pompeii. 
 
 There does not appear to have been any dif- 
 ference between the capsa and the scrinium, except 
 that the latter word was usually applied to those 
 boxes which held a considerable number of rolls 
 (scrinia da magnis. Mart. i. 3). Boxes used for 
 preserving other things besides books, were also 
 called capsae (Plin. H.N. xv. 18. § 4 ; Mart. xi. 
 8), while in the scrinia nothing appears to have 
 been kept but books, letters, and other writings. 
 
 The slaves who had the charge of these book- 
 chests were called capsarii., and also ciistodcs scri- 
 niorum ; and the slaves who carried in a capsa 
 behind their young masters the books, &c. of 
 the sons of respectable Romans, when they 
 went to school, were also called capsarii. {Qtie.m 
 sequitur custos anguslae vernuta capsae, Juv. x. 
 1 1 7.) We accordingly find them mentioned to- 
 gether with the paedagogi (constat quosdam cum 
 pacdago(iis et capsaiiis una prandio necatos. Suet. 
 Ncr. 36). 
 
 When the capsa contained books of importance, 
 it was sealed or kept under lock and key (Mart. 
 i.67); whence Horace (/?;). i.xx.3)says to his work, 
 Odisti ctuves, et grata sigi//a pudico. (Becker, Cal- 
 lus, i. 191 ; Bottiger, Sabina, i. 102, &c.) 
 
 CAPSA'RII, the name of three different classes 
 of slaves : — 
 
 1. Of those who took care of the clothes of per- 
 sons while bathing in the public baths. [Baths, 
 p. 138.] In later times they were subject to the 
 jurisdiction of the praefectus vigilum. (Dig. 1. tit. 
 15. s. 3.) 2. Of those who had the care of the 
 capsae, in which books and letters were kept. 
 [Capsa.] 3. Of those who carried the books, 
 &c. of boys to school. [Cap.sa.] 
 CAP'SULA. [Capsa.] 
 
 CA'PULUS (Kwirr), Aagrj), the hilt of a sword. 
 This was commonly made of wood or lioni, but 
 sometimes of ivory (Spartian. Hadr. 10. ^Keipav- 
 TOKairoi), or of silver (dpyvpfri Kciirri, Horn. //. i. 
 219), which was either embossed (Plin. //. JV. 
 xxxiii. 12), or adorned with gems (capulis radian- 
 tibus enses, Chud.de Laud. Stil. ii.88). Philostratus 
 (Imag. ii. 9) describes the hilt of a Persian acin- 
 aces, which was made of gold set with beryls, so 
 as to resemble a branch with its buds. These valu- 
 able swords descended from father to son. (Claud. 
 /. c.) When Theseus for the first time appears at 
 Athens before his father Aegeus, he is known by 
 
 o 2 
 
Ifl6 
 
 CAPUT. 
 
 CARACALLA. 
 
 the carving upon the ivory hilt of his sword, and is 
 thus saved from being poisoned by the aconite which 
 Medea has administered. (Ovid, Met. vii. 423.) 
 
 The handles of knives were made of the same 
 materials, and also of amber (e'l oO koL XaSul ixa- 
 Xcti'pais 71V0VT01, Eustath. in T)inn>/s. '293). Of the 
 beautiful and elaborate workmanship sometimes 
 bestowed on knife-handles, a judt^ment may be 
 formed from the three specimens here introduced. 
 (Montfaucon, Ant. E^ii'liqiitc, iii. 122. pi. til.) 
 
 The term capnius is likewise applied to the 
 handle of a plough by Ovid, as quoted in Ara- 
 TRUM, p. 70. [J. Y.] 
 
 CAPUT, the head. The term " head " is often 
 used by the Roman writers as equivalent to " per- 
 son," or "human being." (Caes. Bell. Gall. iv. 15.) 
 By an easy transition, it was used to signify "life:" 
 thus, cujiite damnari, plecii, &c. are equivalent to 
 capital punishment. 
 
 Caput is also used to express a man's stains, or 
 civil condition ; and the persons who were register- 
 ed in the tables of the censor are spoken of as 
 capita, sometimes with the addition of the word 
 civium, and sometimes not. (Liv. iii. 24 ; x. 47.) 
 Thus to be registered in the census was the same 
 thing as caput habere: and a slave and a filius 
 familias, in this sense of the word, were said to 
 have no caput. The sixth class of Servius TuUius 
 comprised the prolctarii and the capite censi, of 
 whom the latter, having little or no property, were 
 barely rated as so many head of citizens. (Gell. 
 xvi. 10 ; and Cic. De Repuhlica, ii. 22.) 
 
 He who lost or changed his status was said to 
 be capite minuttis, demimiius, or capitis minor. (Hor. 
 C'a/7H.m. V. 42.) The phrase se capite deniivuerevi&?, 
 also applicable in case of a voluntarj' change of 
 status. (Cic. Top. c. 4.) 
 
 Capitis minutio is defined by Gains (Dig. 4. tit. 
 S. § 1) to be status permuiatio. A Roman citizen 
 possessed lihcrtos, riritus, and fawilia: the loss of 
 all three, or of libertas and civitas (for civitas in- 
 cluded familia), constituted the maxima capitis 
 deminutio. This capitis dcminutio was sustained 
 by those who refused to be registered at the census, 
 or neglected the registration, and were thence called 
 incense. The incfnsus was liable tO' be sold, and so 
 to lose his liberty ; but this being a matter wliich 
 concerned citizensliip and freedom, such penalty 
 
 could not be inflicted directly,and the object wasonly 
 efl'ected by the fiction of the citizen having himsell 
 abjured his freedom. [Banishment, p. 126.] Those 
 who refused to perform military service might also 
 be sold. (Cic. Pro Caecina, 34 ; Ulp. Frar). xi. 11.) 
 A Roman citizen who was taken prisoner by the 
 enemy, lost his civil rights, together with his 
 liberty, but he might recover them on returning to 
 his country. [Postliminium.] Persons condemned 
 to ignominious punishments, as to the mines, sus- 
 tained the maxima capitis deminutio. A free 
 woman who cohal)ited with a slave, after notice 
 given to her by the owner of the slave, became an 
 ancilla, by a senatus-cnnsultum, passed in the time 
 of Claudius. (Ulp. Fra(j. xi. 11 ; compare Tacit. 
 Ami. xii. 53, and Suet. Vcsp. 11.) 
 
 The loss of cicitas only, as when a man was in- 
 terdicted from fire and water, was the media capitis 
 deminutio. [Banish.ment.] 
 
 The change of familia by adoption, and by the 
 in manum conventio, was tlie minima capitis demi- 
 j nutio. A father, who was adrogated, suffered the 
 minima capitis deminutio ; for he and his children 
 were transferred into the power of the adoptive 
 father. A son who was emancipated by his father 
 also sustained the minima capitis deminutio ; the 
 cause of which could not be the circumstance of 
 his being freed from the patria potestas ; for that 
 made the son a libenim caput: but the cause was, 
 or was considered to be, the form of sale by which 
 the emancipation was eft'ected. 
 
 A judicium capitale, or poena capitalis, was one 
 which affected a citizen's caput. [G. L.] 
 
 CAPUT. [Interest op Money.] 
 CAPUT EXTORUM. The Roman sooth- 
 sayers (haruspices) pretended to a knowledge of 
 ] coming events from the inspection of the entrails of 
 victims slain for that purpose. The part to which 
 they especially directed their attention was the 
 liver, the convex upper portion of which seems to 
 have been called the capt/t eatoriim. (Plin. xi. 37. 
 s. 73.) Any disease or deficiency in this organ 
 was considered an unfavourable omen ; whereas, 
 if healthy and perfect, it was believed to indicate 
 good fortune. The haruspices divided it into two 
 parts, one callcil f'niiiHnris. the other hostihs: from 
 the fonner, they foretold the fate of friends ; from 
 the latter, that of enemies. Thus we read (Liv. 
 viii. 9), that the head of the liver was mutilated 
 by the knife of the operator on the " familiar" 
 part (caput jeciuoris a /ainiliari parte caesuni), 
 which was always a bad sign. But the word 
 " caput" here seems of douljtful application ; for it 
 may designate either the convex upper part of the 
 liver, or one of the prominences of the various lobes 
 which foiTn its lower and irregulai'ly concave part. 
 It is, however, more obvious and natural to under- 
 stand by it the upper part, which is fni-med of two 
 prominences, called the great and small, or right 
 and left lobes. If no caput was found, it was a 
 bad sign {nitiil tristius accidere potuit); if well de- 
 fined or double, it was a lucky omen. (Cic. De 
 Dir. ii. 12, 13 ; Liv. xxvii. 26.) [R. W— N.] 
 CARACA'LLA was an outer garment used in 
 Gaul, and not unlike the Roman lacema. [La- 
 CERNA.] It was first introduced at Rome by the 
 emperor Anrelius Antoninus Bassianus, who com- 
 pelled all the people that came to court to wear it, 
 whence he obtained the surname of Caracalla. 
 (Aurel. Vict. Epit. 21.) This garment, as worn 
 in Gaul, does not appear to have reached lower 
 
CARCER. 
 
 CARCHESIUM. 
 
 107 
 
 ban the knee, but Caracalla lengthened it so as to 
 each the ankle. It afterwards became common 
 niong the Romans, and gannents of this kind 
 vre called caracallae Antonianae, to distinguish 
 \u-m from the Gallic caracallae. (Aurel. Vict. De 
 ■,irs. 21 ; Spartian. Sn: 21 ; A7itnn. Car. 9.) It 
 i-iuallv had a hood to it, and came to be worn by 
 he clergy. Jerome {Ep. 128) speaks of pulliolum 
 lirae p'ukhritudinis in modum caracaltartim scil 
 hsqiie atnillis. 
 
 CARBA'TINA. [Pero.] 
 
 CARCER. Career (kerkcr, Ger. ; yopyvpa, 
 5reek) is connected with 'ipKos and iipyoi, the gut- 
 ural being interchanged with the aspirate. Thus 
 1^0 Varro (Dc Limu Ijit. iv. 32), Career a cocr- 
 , ,:,ln quod prnhihcniur crire. 
 
 Carcer (Greek"). Imprisonment was seldom 
 ised amongst the Greeks as a legal punishment 
 or offences ; they preferred banishment to the 
 ■-xpense of keeping prisoners in confinement. 
 'We do, indeed, find some cases in which it was i 
 'sanctioned by law ; but these arc not altogether [ 
 nstances of its being used as a punishment. Thus 
 [;he fanners of the duties, and their bondsmen, 
 were liable to imprisonment if the duties were not 
 ^paid by a specified time ; but the object of this 
 was to' prevent the escape of defaulters, and to 
 'insure regularity of pa\-ment. (Bockh, ii. 57. 
 'transl.) Again, persons who had been mulcted in I 
 penalties might be confined till they had paid I 
 them. (Dcmosth. iMrf. 52!). 26.) The arifioi 
 also, if they exercised the rights of citizenship, 
 were subject to the same consequences. (Demosth. 
 |C. Tiiiincr. 732. 17.) Moreover, we read of a 
 SfcTfiis for theft ; but this was a wporrTinrifj.a, or 
 additional penalty, the infliction of which was at 
 the option of the court which tried the case ; and 
 the Sfdfios itself was not an imprisonment, but a 
 'public exposure in the iroZoKOMKr]., or stocks, for 
 five days and nights — the to eV |u'Aw ZiShBai. 
 We mav here obser\-e, that in most cases of theft, 
 the Athenians proceeded by " civil action ; " and 
 if the verdict were against the defendant (eif Tir 
 (Si'av Si'itrji' KXovris dXo'irj), he had to pay, byway 
 of reparation, twice the value of the stolen pro- 
 perty : this was required hi/ law. The vpoartf/.rjfia 
 was at the discretion of the court. (Demosth. c. 
 . Timocr. 73G.) Still the idea of imprisonment 
 sc, as a pimishment, was not strange to the Athe- 
 nians. Thus we find that Plato (Lei-/, x. 15) 
 proposes to have three prisons : one of these was 
 to be a (ro}<ppovt(rTrigiov, or penitentiary, another a 
 place of punishment — a sort of penal settlement 
 away from the city. 
 
 The prisons in different countries were called by 
 different names : thus there was tlie 'AvayKa7oy, in 
 Boeotia ; the KeaSa?, at Sparta ; tlie Kepa/xos, at 
 Cyprus ; the KtSy, at Corinth ; and. amongst the lo- 
 nians, the yopyvpa, as at Samos. (Herod, iii. 145 ; 
 Pollux, ix. 45.) The prison at Athens was in former 
 , times called Zsafiairi^piov. and afterwards, by a sort 
 of euphemism, olKr\ixa. It was chiefly used as a 
 guard-house, or place of execution, and was under 
 the charge of the public officers called the eleven, ot 
 %vZ(Ka. One gate in the prison, through which 
 the condemned were led to execution, was called 
 TO XapttjyeTof. (Pollux, viii. 103; Wachsmuth, 
 Hel Alt. ii. 1. § 95. 98.) 
 
 The Attic expression for imprisonment was SeTv. 
 Thus in the oath of the )3ouA.€utoi', or senators, oc- 
 curs the phrase oiiSc 5»{(rw 'ASrji/ai'aif ovhkva. Hence 
 
 we have the phrase dSetr/xos (fiAoicrj (Thucyd. iii. 
 34) the " libera custodia" of the Romans, signi- 
 fying that a party was under strict surveillance 
 and guard, though not confined within a prison. 
 
 Carcer (Roman). A carcer, or prison, was 
 first built at Rome by Ancus Martins, overhanging 
 the forum. (Liv. i. S.*?.) This was enlarged by 
 Scrvius TuUius, who added to it a souterrain, or 
 dungeon, called from him the Tullianum. Sallust 
 {Cat. 55) describes this as being twelve feet under 
 ground, walled on each side, and arched over with 
 stone work. For a long time tliis was the only 
 prison at Rome (Juv. Sat. iii. 312), being, in fact, 
 the " Tower," or state prison of the city, which 
 was sometimes doubly guarded in times of alarm, 
 and was the chief object of attack in many con- 
 spiracies. (Liv. xxvi. 27; xxxii. 26.) Varro 
 (/. c.) tells US that the Tullianum was also named 
 " Lautumiae," from some quarries in the neigh- 
 bourhood ; or, as others think, in allusion to the 
 '• Lautumiae" of Syraoise, a prison cut out of the 
 solid rock. In later times the whole building was 
 called the " ISIamertine." Close to it were the 
 Scalae Gemoniae, or steps, dowTi which the bodies of 
 those who had been executed were thro\\'n into the 
 Fonim, to be exposed to the gaze of the Roman 
 populace. {CrameT, A i/cie7if Ttah/, i. 430.) There 
 were, however, other prisons besides this, 
 though, as we might expect, the words of Ro- 
 man historians generally refer to this alone. One 
 of these was built hy Appius Claudius, the de- 
 cemvir, and in it he was himself put to death. 
 (Liv. iii. 57 ; Plin. vii. 36.) 
 
 The carcer of which we are treating, was chiefly 
 used as a place of confinement for persons under 
 accusation, till the time of trial ; and also as a 
 place of execution, to which purpose the Tullianum 
 was specially devoted. Thus Sallust (I.e.) tells us 
 that Lentulus, an accomplice of Catiline, was 
 hanged there, hivy also (xxix. 22) speaks of a 
 conspirator being delcr/atus in Tnllimmm, which 
 in another passage (xxxiv. 44), is otherwise ex- 
 pressed by the words in inferiorem demissus car- 
 cerem, nccntnsque. 
 
 Tlie same part of the prison was also called 
 " robur," if we may judge from the words of 
 Festus : — Roltur in carcere diciiur is locus, quo 
 prciecipitaf/ir malefieorvm gemis. This identity is 
 further shown by the use made of it ; for it is 
 spoken of as a place of execution in the follow- 
 ing passages: — In roliore ct tenchris eorspirare (Liv. 
 xxxviii. 59 ; Sallust. 1. c). Rohur ct saaum fsc. 
 Tarpeium) minitari (Tacit. Ann. iv. 29). So also 
 we read of the catenas' — et Itahim robur. (Hot. Od. 
 II. xiii. If!.) [R. AV_K.] 
 
 CAR'CERES. [Circus.] 
 
 CARCHE'SIUM (/capxiViof), a beaker or 
 drinking-cup, which was used by the Greeks in 
 very early times, so that one is said to have been 
 given by Jupiter to Alcmena on the night of his 
 visit to her. (Pherecydes, p. 97 — IflO. ed. Sturtz.) 
 It was slightly contracted in the middle, and its 
 two handles extended from the top to the bottom. 
 (Athcnaeus, xi. 49 ; I^Iacrob. Sat. v. 21.) It was 
 much employed in libations of blood, wine, milk, and 
 honey. (Sappho. Fra<i. ; Virg. Georq. iv. 380, Aen. 
 V. 77 ; Ovid, Met. vii. 246 ; Stat. Acliill. ii. 6 ; 
 Athenaeus, v. 28.) The annexed woodcut repre- 
 sents a magnificent carchesium, which was present- 
 ! ed by Charles the Simple to the Abbey of St. 
 Denys. It was cut out of a single agate, and 
 
198 
 
 CARDO. 
 
 CARDO. 
 
 richly engraved with representations of bacchana- 
 lian subjects. It held considerably more than a 
 pint, and its handles were so large as easily to ad- 
 mit a man's hand. 
 
 The same term was used to designate the tops 
 of a ship, that is, the structure surrounding the 
 mast immediately above the yard [Antenna], 
 into which the mariners ascended in order to 
 manage the sail, to obtain a distant view, or to dis- 
 charge missiles (Jiic Kummi superat carchcsia mali, 
 Lucil. Sat. iii. ; Eurip. //cc 1237 ; Schol. ad loc). 
 This was probably called " carchesium" on account 
 of its resemblance in fonn to the cup of that name. 
 The ceruchi, or other tackle, may have been fast- 
 ened to its lateral projections, which corresponded 
 to the handles of the cup {summitas mali,per quam 
 funes trajiciiint, Serv. in Aen. y. 77 ; foramina, 
 quae summo mali funes recipiurif. Nonius, s. v.). 
 Pindar {Nem. v. 94) calls the yard of a ship " the 
 yoke of its carchesium," an expression well suited 
 to the relative position of the parts. 
 
 The carchesia of the three-masted ship built for 
 Hiero II. by Archimedes were of bronze. Three 
 men were placed in the largest, two in the next, 
 and one man in the smallest. Breastworks (pt»p6.- 
 (cia) were fixed to these stnictures, so as to supply 
 the place of defensive armour ; and pulleys (jpo- 
 Xi)A.iai, irocldcue) for hoisting up stones and 
 weapons from below. (Moschion, aj). At/ien. v. 43.) 
 The continuation of the mast aljove the carchesium 
 was called " the distaff" (^Aokixtij), corresponding 
 to our top-mast or top-gallant mast. (ApoUon. 
 Rhod. i. 565, Schol. ad loc. ; Athenaeus, xi. 4.9.) 
 This part of an ancient vessel was sometimes made 
 to produce a gay and imposing effect, when seen 
 from a distance (liicida rpia uplciidcnt summi car- 
 chesia mali, Catullus, ap. Non. ; Apuleius. Mci. xi.). 
 The carchesium was sometimes made to turn upon 
 its axis [versatile, Vitruv. x. 2. 10, Schneider, ad 
 loc), so that by means of its apparatus of puUeys it 
 serv'ed the purposes of a crane. [J. Y.] 
 
 CARDO (^atpos, (rTpo<pevs, (rTp6<piy{,, yi-yyXv- 
 p-os), a hinge, a pivot. 
 
 The first figure in the annexed woodcut is de- 
 signed to show the general form of a door, as we 
 find it with a pivot at the top and bottom (a, i) in 
 ancient remains of stone, marble, wood, and bronze. 
 The second figure represents a bronze hinge in the 
 Egyptian collection of the British Museum : its 
 pivot (6) is exactly cylindrical. Under these is 
 drawn the threshold of a temple, or other large 
 edifice, with the plan of the folding-doors. The 
 pivots move in holes fitted to receive them [b, h). 
 
 each of which is in an angle behind the antepagme 
 turn (marmoreo aeratus siridens in limine cara 
 Ciris, 222; Eurip. Phoen. 114 — 116, Schi 
 ad loc). This representation illustrates the fc 
 lowing account of the breaking down of doors :- 
 Januae evulsis funditus cardinihus prosternunt 
 (Apuleius, Met. i). When Hector forces the ga 
 of the Grecian camp, he does it by breaking bo 
 the hinges (uix.<poT4povs ^aipovs, II. xii. 459), i.t 
 as explained by the scholiasts, the pivots (iTTg 
 (ptyyas) at the top and bottom. [Cataract.a.] 
 
 According to the ancient lexicons, " cardo" d 
 noted not only the pivot, but sometimes the sock' 
 (foramen) in which it turned. On this assumpti( 
 we may vindicate the accuracy of such expressioi 
 as Postes a cardine vellit, and Emoti prociimhu 
 cardinc pastes (Virg. Aen. ii. 480, 493 ; Aaipo 
 €^€pv<TavTes, Quint. Smj/rn. x. 388). In the; 
 instances " postis" appears to have meant the u| 
 right pillar {a, b) in the frame of the door. Tl 
 whole of this " post," including the pivots, appea 
 to be called aTpo(pevs and " cardo" by Thei 
 phrastus and Pliny, wlio say that it was best mac 
 of elm, because elm does not warp, and becaui 
 the whole door will preserve its proper fonn, if th 
 part remains unaltered. (Theoph. //. P. v. 3. & 
 Plin. //. A^. xvi. 77.) 
 
 To prevent the grating or creaking noise (Vir 
 Aen. i. 449 ; strvlnr, Ovid, Met. xi. 608 ; strcpiiu 
 xiv. 782) made by opening a door, lovers an 
 others who had an object in silence {cardine taeH< 
 TibuU. I. vi. 20 ; Propert. I. xvi. 25) poured wate 
 into the hole in which the pivot moved. (Plau 
 Cureiil. I. iii. 1 — 4.) 
 
 The Greeks and Romans also used hinges ej 
 actly like those now in common use. Four Roma 
 hinges of bronze, preserved in the British Museun 
 are here shovm. 
 
 The proper Greek name for this kind of hing' 
 was ylyyKvjxo^: whence KntaioWe^Hi^t. Anim.. iv.4 
 
CARMENTALIA. 
 
 applies it to the joint of a bivalve shell ; and the 
 anatomists call those joints of the human body 
 ^ ginglymoid which allow motion only in one plane, 
 such as the elbow-joint. Of this kind of hinge, 
 made by inserting a pin through a series of rings 
 locking into one another, we have examples in 
 helmets and cuirasses. {Bronzes o/Siris in Brit. 
 Museum; Xen. De Re E<juesf. .xii. 6.) 
 
 The form of the door above delineated makes it 
 ' manifest why the principal line laid down in sur- 
 veying land was called " cardo" (Agrimensores ; 
 Festus, s. Decumanus; Isid. Orii/. xv. 14); and 
 it further explains the application of the same term 
 to the North Pole, the supposed pivot on which 
 the heavens revolved. (Varro, De Re Rust. i. 2 ; 
 Ovid, & Ponto, ii. 10. 45.) The lower extremity 
 of the universe was conceived to turn upon another 
 pivot, corresponding to that at the bottom of the 
 door (Cic. De Nat. Deor. ii. 41 ; Vitruv. vi. 1 ; 
 ix. I); and the conception of these two principal 
 points in geography and astronomy led to the ap- 
 t- ) plication of the same tenn to the East and West 
 V ) also. (Lucan. v. 71.) Hence our " four points of 
 ;: i the compass" are called by ancient writers quatuor 
 . \ cardi/ies orhis terrarum, and the four principal 
 L j winds, N. S. E. and W., are the cardinales venti. 
 c i (Servius, ad Aen. i. 8.5.) 
 
 ti j The fundamental idea of the pivots which serv- 
 i] ed for hinges on a door, may be traced in the ap- 
 - J plication of the same terms to various contrivances 
 i I connected with the arts of life ; more especially to 
 
 ■ ' the use of the tenon (cardu, arpocpi-y^) and mortise 
 I I (foramen, ^dais)m carpentry. (.]oscf\i\is,Ant.Jud. 
 J ( III. vi. 3; tignum cardiiiatum, Vitruv. x. 15 ; 
 
 ■ \ cardines securiculati, x. 10, i.e. dove-tailed tenons, 
 ^ called securiculati because they had the shape of an 
 ] axe, securkulu.) We also find these terms applied 
 
 ■ 1 to the pivot which sustained and moved the hand 
 i on the dial {orhis) of an anemoscope (Varro, De Re 
 I Rust. iii. 5); to the pins at the two ends of an 
 ' axle, on which it revolves (Vitruv. x. 32); and to 
 I cocks used for drawing fluids through pipes 
 . {bronze cock in the Aluseum at Naples ; Schol. ad 
 
 Aristoph. Av. 450). 
 
 Lastly, " cardo" is used to denote an important 
 conjuncture or turn in human affairs (Virg. Ae7i. 
 i. 672), and a definite age or period in the life of 
 man {turpes eairemi cardinis annos, Lucan. vii. 
 381). [J.Y.] 
 
 CARl'NA. [Navis.] 
 
 CARMENTA'LIA. Carmenta, also called Car- 
 • mentis, is fabled to have been the mother of 
 ; Evander, who came from Pallantium in Arcadia, 
 I and settled in Latium: he was said to have brouglit 
 with him a knowledge of the arts, and the Latin 
 alphabetical characters as distinguished from the 
 Etruscan. (Nieb. iiom. Hist. i. p. 87. transl. ; Tacit. 
 Ann. xi. 14.) In honour of this Cannenta, who 
 was supposed to be more than human (Liv. i. 71), 
 were celebrated the Carmentalia (Varro, De Liny. 
 Lai. V.) even as early as the time of Romulus, 
 if we may believe the authority of Plutarch {Romid. 
 c. 21). These were feriae stiitivae, i.e. annually 
 held on a certain day, the 1 1 th of January ; and 
 an old calendar (Grut. p. 133) assigns to them the 
 four following days besides : of this, however, there 
 is no confirmation in Ovid {Fast. i. 467). A tem- 
 ple was erected to the same goddess, at the foot of 
 the CapitoUne hill, near the Porta Caniientalis, 
 I afterwards caUed Scelerata. (Liv. ii. 49.) The 
 name Carmenta is said to have been given to her 
 
 KAPNErA. 199 
 
 from her prophetic character, carmens or carmentis 
 being synonymous with vates. The word is, of 
 course, connected with carmen, as prophecies were 
 generally delivered in verse. Her Greek title was 
 SeVir. (Dionys. i. 31.) Plutarch {(. c.) tells us 
 that some supposed Cannenta to be one of the Fates 
 who presided over the birth of men : we know, 
 moreover, that other divinities were called by the 
 same name ; as, for instance, the Carmenta Post- 
 verta and Carmenta Prorsa were invoked in cases 
 of child-birth ; for further infonnatiun with respect 
 to whom, see Aul. GeU. xvi. 6 ; Ovid, Fast. i. 
 634. [R. W— N.] 
 
 KAPNErA, a great national festival, celebrated 
 by the Sjiartans in honour of Apollo Carneios, 
 which, according to Sosibius (ap. At/ien. xiv. p. 
 635), was instituted Olymp. 26 ; although Apollo, 
 under the name of Carneios, was worshipped in 
 various places of Peloponnesus, particularly at 
 Amyclae, at a very early period, and even before 
 the Dorian migration. (jVIiiller's Dor. i. 3. § 8. and 
 ii. 8. § 15.) Wachsmuth {Helkn. AUerthumsk. ii. 
 2. p. 257), referring to the passage of Athenaeus, 
 above quoted, thinks that the Carncia had long be- 
 fore been celebrated ; and that when, in Olymp. xxvi, 
 Therpander gained the victory, musical contests 
 were only added to the other solemnities of the festi- 
 val. But the words of Athenaeus, who is the only 
 authority to which Wachsnmth refers, do not allow 
 of such an inteqiretation, for no distinction is there 
 made between earlier and later solemnities of the 
 festival, and Athenaeus simply says, the institution 
 of the Carneia took place Olymp. xxvi. ('EyeceTo Se 
 Uteris tUv Kapviiuiv KaroL riiv'iKTi)v koX fiKoa'Trji' 
 'OKvfiTndSa, cej ZaffiSios (pTjaiv, fv t^S vepl 
 Xpovwv.) The festival began on the seventh day of 
 the month of Carneios =Metageitnion of the Athe- 
 nians, and lasted for nine days. (Athen. iv. p. 141 ; 
 Eustath. ud II. xxiv. sub fin. ; Plut. i>i/mp. viii. 
 1.) It was, as far as we know, a warlike festival, 
 similar to the Attic Boedroniia. During the time 
 of its celebration nine tents were pitched near the 
 cit}', in each of which nine men lived in the man- 
 ner of a military camp, obeying in everything the 
 commands of a herald. MiiUer also supposes that 
 a boat was carried round, and upon it a statue of 
 the Carneian AjioUo ('A7ro,\Aaic (TTef^ixaTlas), both 
 adorned with lustratory garlands, called SiVtjAov 
 crTfixfiaTiaiov, in allusion to the passage of the 
 Dorians from Naupactus into Peloponnesus. 
 (Dorians, i. 3. § 8. note s.) The priest conduct- 
 ing the sacrifices at the Carneia, was called 'AyriT'^s, 
 whence the festival was sometimes designated by 
 the name 'AyrjTopia or 'AyriTopeiov (Hesj-ch. s. 
 'AyTjTopeiov) ; and from each of the Spartan tribes 
 five men (Kapvedrai) were chosen as his ministers, 
 whose oflice lasted four years, during wliich period 
 they were not allowed to marry. (Hesych. s. 
 Kapvedrai.) Some of them bore the name of 
 '2Ta(pv\oSp6fioi, (Ilesych. s. v. ; compare Bek- 
 ker, A need. p. 205.) Therpander was the first 
 who gained the prize in the musical contests 
 of the Carneia, and the musicians of his school 
 were long distinguished competitors for the prize 
 at this festival (MuUer, Dor. iv. 6. § 3), and the 
 last of this school who engaged in the contest was 
 Perideidas. (Plut. De iMits. C.) When we read in 
 Herodotus (vi. 106 ; vii. 206) and Thucydides 
 (v. 54, and in other places,) that the Spartans 
 during the celebration of this festival were not 
 allowed to take the field against an enemy, we 
 
200 
 
 CARPENTUM. 
 
 CARRAGO. 
 
 must remember that this restriction was not pecu- 
 liar to the Carneia, but common to all the great 
 festivals of the Greeks ; traces of it are found even 
 in Homer. ( Od. xxi. 258, &c.) 
 
 Carneia were also celebrated at Cyrene (Calli- 
 mach. Hymn, in Apoll. 72. seq.), in Thera (Calli- 
 niach. /. c. ; Pindar, v. 99. seq. ), in Gythion, 
 Messene, Sicyon, and .Sj-baris (Paus. iii. 21. § 7, 
 and 24. § 5 ; iv. 33. § .5 ; ii. 10. § 2 ; Theocrit. v. 
 83; compare MuUer's Orchom. p. 327). [L.S.] 
 
 CAR'NIFEX, the public executioner at Rome, 
 who executed slaves and foreigners (Plant. Bacch. 
 IV. iv. 37 ; Caj)t. v. iv. 22), but not citizens, who 
 were punished in a manner diiferent from slaves. 
 It was also his business to administer the torture. 
 This office was considered so disgraceful, that he 
 was not allowed to reside within the city (Cic. Pro 
 Rabir. 5), but lived without the Porta Metia or 
 Esquilina (Plant. Pseud, i. iii. 98), near the place 
 destined for the punishment of slaves (Plant. Cas. 
 II. vi. 2 ; Tacit. A7m. xv. 60 ; Hor. Epod. v. 99), 
 called Sestertium under the emperors. (Plut. Galb. 
 20.) 
 
 It is thought by some writers, from a passage 
 in Plautus {Rud. iii. vi. 19), that the camifex was 
 anciently keeper of the prison under the triumviri 
 capitales ; but there does not appear sufficient 
 authority for this opinion. (Lipsius, Excurs. ad 
 Tacit. Ann. ii. 32.) 
 
 CARPENTUM, a cart ; also a rectangular two- 
 wheeled carriage, enclosed, and with an arched or 
 sloping cover overhead. 
 
 The carpentum was used to convey the Roman 
 matrons in the public festal psocessions (Liv.v. 25; 
 Isid. Orig. xx. 12) ; and, as this was a high dis- 
 tinction, the privilege of riding in a carpentum on 
 such occasions was allowed to particular females 
 by special grant of the senate. This was done on 
 behalf of Agrippina (ra) KapireUT^ fV ra7s iravriyii- 
 pecTi xpfioBai, Dion. Cass. Ix.), who availed herself 
 of the privilege so far as even to enter the capitol 
 in her carpentum. (Tacit. Ann. xii. 42.) A medal 
 
 was struck (see woodcut) to commemorate this de- 
 cree of the senate in her favour. When Claudius 
 celebrated his triumph at Rome, he was followed 
 by his empress Messalina in her carpentum. (Suet. 
 Claud. 17). 
 
 This carriage contained seats for two, and some- 
 times for three persons, besides the coacliman. (Liv. 
 i. 34. Medals.) It was commonly drawn by a pair 
 of mules {carpentum mularc, Lamprid. Heliog. 4); 
 but more rarely by oxen or horses, and sometimes 
 by four horses like a quadriga. For grand occa- 
 sions it was very richly adorned. Agrippina's 
 carriage, as above represented, shows painting or 
 carving on the panels, and the head is supported by 
 Caryatides at the four comers. 
 
 The convenience and stateliness of the carpen- 
 tum were also assumed by magistrates, and by 
 men of luxurious habits, or those who had a pas- 
 sion for driving. (Juv. Sat. viii. 146 — 152.) 
 
 When Caligula instituted games and other so- 
 lemnities in honour of his deceased mother Agrip- 
 pina, her carpentum went in the procession. (Suet. 
 Culi;/-. 15.) This practice, so similar to ours of 
 sending carriages to a funeral, is evidently alluded 
 to in the alto-rilievo here represented, which is 
 preserved in the British Museum. It has been 
 taken from a sarcophagus, and exhibits a close 
 carpentum drawn by four horses. Mercury, the 
 conductor of ghosts to Hades, appears on the front, 
 and Castor and Pollux with their horses on the 
 side panel. 
 
 The coins of Ephesus show a carpentum, proving 
 that it was used to add to the splendour of the 
 processions in honour of Diana. It probably car- 
 ried a statue of the goddess, or some of the symbols 
 of her attributes and worship. 
 
 Carpenta, or covered carts, were much used by 
 our ancestors, the Britons, and by the Gauls, the 
 Cimbri, the Allobroges, and other northern nations. 
 (Florus, i. 18; iii. 2, 3, and 10.) These, toge- 
 ther with the carts of the more common form, in- 
 cluding baggage-waggons, appear to have been 
 comprehended under the term carri, or carra, 
 which is the Celtic name with a Latin termina- 
 tion. The Gauls and Helvetii took a great multi- 
 tude of them on their military expeditions ; and, 
 when they were encamped, arranged them in close 
 order, so as to form extensive lines of circumvalla- 
 tion. (Caes. Bell. Gall. i. 24. 26.) 
 
 The agricultural writers use " carpentum " to 
 denote either a common cart (Veget. Alulomed. iii. 
 Praef.), or a cart-load, e. g. xxiv stercoris car- 
 penta. (Pallad. x. 1.) [J. Y.] 
 
 KAPnOT" AI'KH, a civil action under the juris- 
 diction of the thesmothetae, might be instituted 
 against a farmer for default in pa>Tnent of rent. 
 (Meier, Att. Proc. 531.) It was also adopted to 
 enforce a judicial award when the unsuccessful 
 litigant refused to surrender the land to his op- 
 ponent (Hudtwalcker, 144 ; M.eier, Att. Proc. 
 750), and might be used to determine the right to 
 land (Harpocrat. s. r., and Ovaias Ai'/cr)), as the 
 judgment would detennine whether the plaintiff 
 could claim rent of the defendant. [J. S. M.] 
 
 CARRA'GO, a kind of fortification, consisting 
 of a great number of waggons placed round an 
 army. It was employed by barbarous nations, as, 
 for instance, the Scythians (Trebell. Poll. Gallien. 
 13), Gauls [Carpentum], and Goths (Amra. 
 Marc. xxxi. 20). Compare Veget. iii. 10. 
 
 Carrago also signifies sometimes the baggage of 
 
CARYATIS. 
 
 CASTELLUM. 
 
 201 
 
 army. (Trebell. Poll. Claud. 8 ; Vopisc. Aitre- 
 tan. 11.) 
 
 CARRU'CA was a carriage, the name of which 
 nly occurs under the emperors. It appears to 
 ave been a species of rheda [Rheda], whence 
 ^Martial in one epigram (iii. 47) uses the words as 
 isynonymous. It had four wheels, and was used 
 in travelling. Nero is said never to have travelled 
 'with less than 1000 carrucae. (Suet. A'cr. 30.) 
 These carriages were sometimes used in Rome by 
 ipersons of distinction, like the carpenta [Car- 
 •pentum], in which case they appear to have been 
 covered with plates of bronze, silver, and even gold, 
 Iwhich were sometimes ornamented with embossed 
 work. Alexander Severus allowed senators at Rome 
 to use carrucae and rhedae plated with silver(Lamp. 
 .Ifej. &«. 43); and Martial (iii. 72) speaks of an 
 uarea carruca which cost the value of a farm. We 
 have no representations of carriages in ancient 
 works of art which can be safely said to be carru- 
 cae ; but we have several representations of car- 
 riages ornamented with plates of metal. (See Ing- 
 hirami, Monum. Etrusch. iii. 18. 23; Millingen, 
 lined. Mon. ii. 14.) Carrucae were also used for 
 carrying women, and were then, as well, perhaps, 
 as in other cases, drawn by mules (Dig. 34. tit. 2. 
 s. 13) ; whence Ulpian (Dig. 21. tit. I. s. 38. § 8) 
 I speaks of mulue currucariae. 
 
 CARRUS. [Carpentum.] 
 , KAPrA or KAPTATI'2, a festival celebrated at 
 Caryae, in Laconia, in honour of Artemis Caryatis. 
 : (Hesych. 4-. J). Kapuai.) It was celebrated every 
 1 year by Lacedaemonian maidens ( KaptoTi'Scs) with 
 national dances of a very lively kind ( Pans. iii. 1 0. 
 § 8 ; iv. 16. § 5 ; PoUu.x, iv.l04), and with solemn 
 hymns. [L. S.] 
 
 , CARYA'TIS ((capuaris), pi. CARYA'TIDES. 
 ; From the notices and testimonies of ancient authors, 
 wemay gather the following account: — That Caryae 
 was a city (cicitas) in Arcadia, near the Laconian 
 border; that its inhabitants joined the Persians 
 after the battle of Thermopylae (Herod, viii. 26 ; 
 Vitruv. i. 1. 5) ; that on the defeat of the Persians 
 the allied Greeks destroyed the town, slew the 
 men, and led the women into captiWiy ; and that, 
 as male figures representing Persians were after- 
 wards employed with an historical reference instead 
 of columns in architecture [Atlantes ; Persae], 
 80 Praxiteles and other Athenian artists employed 
 female figures for the same purpose, intending 
 them to express the garb, and to commemorate the 
 disgrace of the Caryatides, or women of Caryae. 
 (Vitruv. /. c. ; Plin. H.N. xxxvi. 45 and II.) 
 This account is illustrated by a bas-relief with a 
 Greek inscription, mentioning the conquest of the 
 Caryatae, which is preserved at Naples, and copied 
 in the annexed woodcut. 
 
 In allusion to the uplifted arms of these marble 
 statues, a celebrated parasite, when he'was visit- 
 ing in a ruinous house, observed, " Here we must 
 dine with our left hand placed under the roof, 
 like Caryatides." [Carpentum.] The Caiya- 
 tides, executed by Diogenes of Athens, and placed 
 in the Pantheon at Rome, above the sixteen 
 columns which surrounded the interior, may have 
 resembled those which are represented in a similar 
 position in one of the paintings on the walls of the 
 baths of Titus. (Descr, des Bains de Titus, pi. 10. 
 Wolf and Buttmann'sil/«se;«n, I. tab. 3. fig. 5.) It 
 is proper to observe that Lessing, and various 
 writers after him, treat the preceding account as 
 fabulous. 
 
 After the subjugation of the Car\-atae, their 
 territory became part of Laconia. The fortress 
 (xwpi'oi/, Steph. Byz.) had been consecrated to 
 Artemis {Diana Cari/atis, Serv. in Viry Eel. viii. 
 30), whoso image was in the open air, and at whose 
 annual festival (Kapuarij 60pT77, Hesych.) the La- 
 conian ■('irgins continued, as before, to perform a 
 dance of a peculiar kind, the execution of which 
 was called KopuaTifeii/. (Paus. iii. 10. 8; iv. 16. 
 5 ; Lucian, Ih ,Sa/t. ; Plutarch, Artax.) [J. Y.] 
 
 CASSIA LEX. [Tabellaria.] 
 
 CASSIS. [Galea; Rete.] 
 
 CASTELLUM AQUAE, a reservoir, or build- 
 ing constructed at the termination of an aquaeduct, 
 when it reached the city walls (Vitruv. viii. 7), for 
 the purpose of fonning a head of water, so that its 
 measure might be taken, and thence distributed 
 through the city in the allotted quantities. The 
 more ancient name in use, when the aquaeducts 
 were first constructed, was rfeV/rfira/i/m. (Fest. s. i-.) 
 
 The castdla were of three kinds, public, private, 
 and domestic. 
 
 I. Castella PuBLiCA. Those which received 
 the waters from a public duct to be distributed 
 through the city for public purposes ; of which 
 there were six denominations: — I. Castra, the 
 praetorian camps. 2. The fountains and pools 
 in the city {laciis). 3. Munera. under which 
 head are comprised the places whore the pub- 
 lic shows and spectacles were given, such as the 
 circus, amphitheatres, naumachiae, &c. 4. Opera 
 publiea, under which were comprised the baths, 
 and the service of certain trades — the fullers, 
 dyers, and tanners — which, though conducted by 
 private individuals, were looked \ipon as public 
 works, being necessary to the comforts and wants 
 of the whole community. 5. Nomine Cacsaris, 
 which were certain irregular distributions for par- 
 ticular places, made by order of the emperors. 
 6. Beni'/ieiti I'n/tcipis, extrasrdinary grants to pri- 
 vate individuals by favour of the sovereign. Com- 
 pare Frontinus, § 3. 78, in which the respective 
 quantities distributed under each of these denomi- 
 tions is enumerated. 
 
 II. Castella Privata. When a number of 
 individu.als, living in the same neighbourhood, had 
 obtained a grant of water, they clubbed together 
 and built a castellum (Senatusconsult. ap. Frotdin. 
 §106), into which the whole quantity allotted to 
 them collectively was transmitted from the castel- 
 lum puUieum. These were termed privata, though 
 they belonged to the public, and were under the 
 care of the curatores aquarum. Their object was to 
 facilitate the distribution of the proper quantity to 
 each person, and to avoid puncturing the main 
 pipe in too many places (Front. § 27); for when 
 
202 
 
 CASTELLUM. 
 
 CASTRA. 
 
 a supply of water from the aquaeduets was first 
 granted for private uses, each person obtained his 
 quantum by inserting a branch pipe, as we do, into 
 the main ; which was prol)ably the custom in the 
 age of Vitruvius, as he makes no mention of pri- 
 vate reservoirs. Indeed, in early times (Front. 
 § 94) all the water brought to Rome by the 
 aquaeduets was applied to public purposes e.xclu- 
 sively, it being forbidden to the citizens to divert 
 any portion of it to their own use, except such as 
 escaped by flaws in the ducts or pipe.s, which was 
 termed a<jua caduca (Front. § 94). But as even 
 this permission opened a door for great abuses from 
 the fraudulent conduct of the atjuarii, who damaged 
 the ducts for the purpose of selling the mjua caduca, 
 a remedy was sought by the institution of castella 
 privata, and the public were henceforward forbid- 
 den to collect the at/ua caduca, unless permission 
 was given by special favour {benefiiium) of the em- 
 peror. (Front. § ill.) The right of water {jius 
 aquae impctratae) did not follow the heir or pur- 
 chaser of the property, but was renewed by grant 
 upon every change in the possession. (Front. i07.) 
 
 III. Castella Domestica, leaden cisterns, 
 which each person had at his own house to receive 
 the water laid on from the castellum privatum. 
 These were of course private property. 
 
 The number of puljlic and private castella in 
 Rome, at the time of Nerva, were 247. (Front. 
 § 78.) 
 
 All the water which entered the castellum was 
 measured, at its ingress and egress, by the size of 
 the tube through which it passed. The former 
 was called modulus acccptorius, the latter erogato- 
 rius. To distribute the water was termed eroqara; 
 the distribution, erogatio ; the size of the tube, 
 fistularum or modulorum capacitas, or lumen. The 
 smaller pipes which led from the main to the houses 
 of private persons were called punctae ; those in- 
 serted by fraud into the duct itself, or into the 
 main after it had left the c&stcWara, fistulae illici/ae. 
 
 The erogatio was regulated by a tube caUed 
 calix, of the diameter required, attached to the 
 extremity of each pipe, where it entered the 
 castellum ; it was probably of lead in the 
 time of Vitruvius, such only being mentioned by 
 him ; but was made of bronze (aeueus) when Fron- 
 tinus wrote, in order to check the roguery of the 
 aquarii, who were able to increase or diminish the 
 flow of water from the reservoir by compressing or 
 extending the lead. Pipes which did not require 
 any calir, were tenned solutae. 
 
 The subjoined plans and elevation represent a 
 ruin still remaining at Rome, commonly called the 
 " Trophies of Marius," which is generally con- 
 sidered to have been the castellum of an aquaeduct. 
 It is now much dilapidated, but was sufficiently 
 entire about the middle of the 16th century, as 
 may be seen by the drawing published by Gamucci 
 (Atiticl/ita di ftuiiia, iii. p. 100), from which 
 this restoration is made. The trophies, then re- 
 maining in their places, from which the monument 
 derives its modem appellation, are now placed on 
 the Capitol. The ground plans are given from an 
 excavation made some years since by the students 
 of the French Academy ; they explain part of the 
 internal construction, and show the arrangement 
 adopted for disposing of the superfluous water of 
 an aquaeduct (compare Plin. H. N. xxxvi. 24. 
 § 3. ed. Franz.), and how works of this nature were 
 made to contribute to the embellishment and com- 
 
 forts of the city. The general stream of water is 
 first divided by the round projecting buttress into 
 two courses, which subdivide themselves into five 
 minor streams, and finally fall into a reservoir in the 
 manner directed by Vitruvius (viii. 7), immissa- 
 rium ad recipiendum, aquam castello conjunctum. 
 Thus the structure affords also an example of that 
 class of fountains designated by the Romans emis- 
 saria. [A. R.] 
 
 CASTRA. The system of encampment amongst 
 the Romans, during the later ages of the republic, 
 was one of singular regularity and order ; but any 
 attempt to trace accuratel}' the steps by which it 
 reached this excellence, would be an unprofitable 
 task, in which we shall not engage. We may, 
 however, observe, that in the earlier wars of Rome 
 with the neighbouring petty states, the want of a 
 regular camp would seldom be felt, and that the 
 later form of encampment, which was based upon 
 the constitution of the legion, would not have been 
 applicable to the Roman army under the kings 
 and in the first ages of the republic, when it was 
 arranged as a phalanx. We read, indeed, of 
 siaiiva castra, or stationary camps, in the wars 
 with the Aequi and Volsci, and of winter-quarters 
 being constructed for the first time at the siege of 
 Veil (b. c. 404 — 395, Liv. iii. 2 ; v. 2), and it is 
 not improbable that the great Samnite war (b. c. 
 343 — 290) led to some regular system of encamp- 
 ment. This was followed by the campaigns against 
 Pyrrhus (b. c. 280 — 275), whose superior tactics 
 and arrangement of his forces were not likely to be 
 lost upon the Romans. The epoch of the first 
 Punic war (b. c. 264 — 241), in which Rome had 
 to contend against various mercenary forces, was 
 succeeded by the long struggle against the Cisalpine 
 Gauls, and in both these contests the Romans found 
 ample opportunities for improving tlieniselves in 
 the art of war. The second Punic war followed 
 (b. c. 218 — 201), in which Hannibal was their ad- 
 versary and teacher. After its conclusion their 
 military operations were no longer confined to Italy, 
 but directed against more distant enemies, the 
 Macedonian and Syrian kings (b. c. 200 — 192). 
 These, of course, required a longer absence from 
 home, and often exposed them to enemies of supe- 
 rior forces, so that it became necessary to protect 
 themselves, both in the field and in the camp, by su- 
 periority in discipline and skill. Shortly after these 
 
CASTRA. 
 
 CASTRA. 
 
 203 
 
 times flourished Polybius, the historian of Megalo- 1 that it is well worthy of their attention and study 
 polis (a friend and companion of Scipio Africanus {Hist. vi. 24. ed. Gron.). His description of the 
 the younger), who expresses his admiration of the Roman camp of his day is remarkably clear ; we 
 Roman system of encampment, and tells his readers proceed to give it with the accompanying plan. 
 
 PORTA PRAETORIA. 
 
 TRENCH AND 
 
 RAMPARTS. 
 
 Left VVing of the Allies 2nd Roman Legk 
 Has^Prin- 
 
 200 
 
 Foot 
 
 Horie 
 
 
 
 
 
 
 
 
 
 
 Foot 
 
 Horse 
 
 
 
 
 
 
 
 
 
 1st Roman Legion Right Wing of the Allies 
 
 Prin-Has- 
 cipesi tati 
 
 
 
 
 
 
 
 
 
 
 Has. 
 tati 
 
 Prin. 
 cipes 
 
 
 
 
 
 Horse 
 
 = 
 
 
 
 Has. 
 
 
 
 
 
 rt- 
 
 
 
 
 
 
 
 
 H 
 
 
 
 G 
 
 
 
 
 
 
 G 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 horse 
 
 toot 
 
 
 
 
 
 
 
 
 
 50 
 
 Horse 
 
 Foot 
 
 
 
 
 
 
 
 
 
 V. e 
 
 C B '• • B C 
 
 □ □□□□□ □□□□□□ □□□□□□ 
 
 PORTA DECUMANA. 
 
 A, praetorium — B, tents of the tribunes. — C, 
 tents of the praefecti sociomm. — D, street 100 
 feet wide. — E, F, G, and H, streets 50 feet wide. 
 — L, select foot and volunteers. — K, select horse 
 and volunteers. — M, extraordinary horse of the 
 allies. — N, extraordinary foot of the allies. — 0, 
 reserved for occasional auxiliaries. — Q, the street 
 called Quintana, 50 feet wide. — V. P, via princi- 
 palis, 100 feet wide. 
 
 N. B. The position assigned to the praefecti 
 socioi-um is doubtful. 
 
 The duty of selecting a proper situation for the 
 camp (castra meiari) devolved upon one of the tri- 
 bunes and a number of centurions who were speci- 
 ally appointed for that purpose, and sent in advance 
 whenever the army was about to encamp ; they 
 were called metatores, from their office. After 
 fixing on a proper locality, they then chose and 
 distingiiished with a white flag, a place for the 
 praetorium (A) or general's tent — praetor being I 
 the old name of the consul. (Niebuhr, Hist. Rom. 
 
 i. 5-20. transl.) This was fixed, if possible, on an 
 elevation, so as to secure an extensive prospect, 
 and afford every convenience for giving orders. 
 About it was measured out a square, each side of 
 which was 100 feet distant from the white flag, 
 and therefore 200 feet in length, so that the whole 
 area amounted to four plethra, or 40,000 square 
 feet. [Arura.] The two legions of the consular 
 army were arranged on that side of the praetorium 
 which commanded the best supply of forage and 
 water, and which we may call the front, in the 
 following manner : — 
 
 Fifty feet distant from the line of the front side 
 of the square just mentioned, and parallel to it, 
 were arranged the tents (B) of the twelve tribunes 
 of the two legions. The intermediate space, of fifty 
 feet in breadth, was appropriated to their horses 
 and baggage ; and their tents were arranged at 
 such intervals one from the other, as to cover the 
 line of the legions whose encampment they faced. 
 On the right and left of, and in the same line with, 
 
204 
 
 CASTRA. 
 
 CASTRA. 
 
 the tents of the tribunes, seem to have been placed j 
 those of the praefecti socionim (C), covering and j 
 fronting the flank of the allies, as the fonner did 
 that of the legions. The spaces lying immediately 
 behind the tents of the tribunes, to the right and 
 left of the praetorium, were occupied by the forum 
 and quaestorium ; the fonner a sort of market- 
 place, the latter appropriated to the quaestor and 
 the camp stores under his superintendence. 
 
 On the sides of and facing the forum and quaes- 
 torium, were stationed select bodies of horse (K) 
 taken from the extraordinaries (iniKeKroi rail' 
 dwo\€KTai/), with mounted volunteers, who served 
 out of respect to the consul and were stationed 
 near him, not only in the camp, but also on the 
 line of march and elsewhere, so that they were 
 always ready to do any service for him, as well as 
 the quaestor. 
 
 Behind and parallel to these, but facing the 
 sides of the camp, were posted similar bodies of 
 foot-soldiers (L). Again, parallel with the line 
 of the tribunes' tents, and stretching behind the 
 praetorium, the quaestorium, and the foimn, ran 
 a street or via (D), 100 feet broad, from one 
 side of the camp to the other. Along the upper 
 side of this street was ranged the main body of the 
 " extraordinary" horse (M), parallel to and front- 
 ing the line of the tribunes' tents : thej were 
 separated into two equal parts by a street fifty 
 feet broad (E), perpendicular to their front, and 
 leading from the praetorium to the higher or back 
 gate of the camp, the porta dccumana. At the 
 back of this body of cavalry was posted a similar 
 body of infantry (N), selected from the allies, and 
 facing the opposite way, i. e. towards the ramparts 
 of the camp. The vacant spaces (0) on each side of 
 these troops were reserved for "■ foreigners" (dWo- 
 (pvAoi) and occasional auxiliaries. 
 
 The upper part of the camp, which we have just 
 described, formed about a third of the whole, the 
 remaining two- thirds being appropriated to the 
 main body of the forces, both legionary and allied, 
 whose arrangement we now proceed to explain. 
 The lower part of the camp was divided from the 
 upper by a street, called the Via Principalis (V P), 
 lUO feet broad, nmning parallel to and in front of 
 the tribunes' tents : this was cut at right angles 
 by another road (F), 50 feet broad, parallel to the 
 length of the camp, and dividing the lower part 
 into two equal spaces. On each side of this street 
 (P')were ranged the horse of the two legions, the 
 ten tunnae of each being on different sides and 
 facing each other : the tumia consisted of 30 men, 
 and occupied a square whose side was 100 feet 
 long. At the back of these tunnae, and facing the 
 contrary way, namely, towards the sides of the 
 camp, stood the triarii, each maniple corresponding 
 to a turma, and occupying a rectangle 100 feet in 
 length by 50 in width. These dimensions would, 
 of course, vary according to the component parts of 
 the legion. Opposite to the two lines of triarii, 
 but separated from them by a side street (G), also 
 SO feet wide, stood the principes ; they were double 
 the triarii in number, and had a square, whose side 
 was 100 feet, appropriated to each maniple. Be- 
 hind these again, and in close contact with them, 
 stood the ten maniples of the hastati, with their 
 backs turned the opposite way, having the same 
 space for each maniple as the principes. As the 
 whole legion was divided into thirty maniples of foot, 
 ten of each class, the whole arrangement was there- 
 
 fore perfectly symmetrical, the fifty-feet roads of 
 which we have spoken commencing from the Via 
 Principalis and terminating in the open space by 
 the ramparts. The whole legionary army thus 
 formed a square, on each side of which were en- 
 camped the allies at a distance of 50 feet from the 
 hastati, and presenting a front parallel to theirs. 
 The allied infantry was equal in number to that of 
 the legions, the cavalry twice as great : a portion of 
 each (a third part of the latter and about a fifth 
 of the fonner) was posted as " extraordinaries" in 
 the upper part of the camp ; so that to make the 
 line of the allies coterminous with that of the 
 legion, it was necessary to give the former a 
 greater depth of encampment. The cavalry of 
 the allies faced the hastati, and the infantry at 
 their back fronted the ramparts. The several 
 front lines of the legionaries and allies were 
 bisected by a road parallel to the Via Principalis, 
 and called the Quintana (Q), from its dividing the 
 ten maniples into two sQts of five each : it was 50 
 feet in breadth. 
 
 Between the ramparts and the tents was left a 
 vacant space of 200 feet on every side, which was 
 useful for many piu-poses : thus it served for the 
 reception of any booty that was taken, and facih- 
 tated the entrance and exit of the army. Besides 
 this, it was a security against firebrands or missiles 
 that might be thrown into the camp, as it placed 
 the tents and the soldiers out of their reach. 
 
 From the description we have given, the reader 
 will perceive that the camp was a square in form, 
 divided into two parts by the Via Principalis, the 
 lower portion being cut lengthways by five streets 
 and crossways by one ; so that, as Polybius re- 
 marks, the whole was not unlike a citj', with rows 
 of houses on each side of the streets. 
 
 The arrangements we have explained, were 
 adapted for a regular consular annv ; but in case 
 there was a greater number than usual of allies, 
 they had assigned to them, either the empty space 
 about the praetorium, increased by uniting the 
 forum and quaestorium, or an additional row of 
 tents on the sides of the Roman legions, according 
 as they were fresh comers, or had been in the 
 camp from its first fonnation. If four legions, or 
 two consular annies, were united and enclosed by 
 the same ramparts, their two camps then formed an 
 oblong rectangle, the back of each single camp 
 being turned to the other, and joined at the parts 
 where the " extraordinaries" were posted, so that 
 the whole perimeter was three halves of, and the 
 length twice that of, the single camp. 
 
 The camp had four gates, one at the top and 
 bottom, and one at each of the sides ; the top or 
 back gate {ab teryo, or mamma aversa ah hoste, 
 Veget. i. 23 ) was called the decuman ; the bottom 
 or the front gate was the praetorian, the gates of 
 the sides were the porta principalis dextra, and 
 the porta principalis sinistra. The whole camp 
 was surrounded by a trench (/osso), generally nine 
 feet deep and twelve broad, and a rampart {vallum) 
 made of the earth that was thrown up {agger), 
 with stakes {ralli) fixed at the top of it. The 
 labour of this work was so divided, that the allies 
 completed the two sides of the camp alongside of 
 which they were stationed, and the two Roman 
 legions, the rest; the centurions and tribunes super- 
 intended the work performed by the Romans, the 
 praefects of the allies seem to have done the same 
 for them. 
 
CASTRA. 
 
 CASTRA. 
 
 205 
 
 We will now speak of the discipline of the 
 ■amp. After choosing the ground (loca capere), 
 the proper officers marked, by Hags and other sig- 
 
 • nals, the principal points and quarters ; so that, as 
 Polybiiis observes, the soldiers, on arriving at the 
 place, proceeded to their respective stations like 
 .troops entering a well-known city and passing 
 ithrough the streets to their several ([iiarters. The 
 [tribunes then met and administered to all, freemen 
 las well as slaves, an oath to the eifect " that they 
 iwould steal nothing from the camp, and bring 
 ■whatever they might find to the tribunes." After 
 ■this, two maniples were chosen from the principes 
 and hastati of each legion, to keep clean and in 
 good order the V ia Principalis, a place of general 
 .resort. The remaining eighteen maniples of the 
 I principes and hastati were assigned by lot, three 
 
 ■ to each of the six tribunes, and had to perform 
 for them certain duties, such as raising their tents, 
 
 • levelling and paving the ground about them, and 
 I fencing in their bag.nage when necessary. These 
 
 three maniples also supplied two regular guards of 
 ,four men each, part of whom were posted in front 
 i of the tribunes' tents, part at the back by the 
 i horses. The triarii and velites were exempt from 
 . this duty ; but each maniple of the former had to 
 ; supply a guard of men to the tunna of horse that 
 . was at their back ; their chief duty was to look 
 I after the horses, though they also attended to other 
 
 things. Moreover, each of the thirty maniples of 
 
 • foot kept guard in turn about the consul, both as a 
 , protection and a guard of honour. The general 
 . arrangements of the camp were under the direction 
 . of two of the tribunes, who were appointed by lot 
 . from each legion, and acted for two months. The 
 . praefects of the allies took their turn of authority 
 
 in the same way, but in all probability over their 
 own troops only. 
 
 We may now observe, that every morning 
 at day-break, the centurions and horsemen pre- 
 
 ■ sented themselves to the tribunes. The latter then 
 
 ■ went to the consul and received his orders, which 
 were conveyed through the former to the soldiers. 
 The watchword for the night, marked on a four- 
 cornered piece of wood, and therefore called tessera, 
 was given out in the following way : — ^ A soldier 
 in every tenth maniple, posted farthest off from 
 the tribune's tent, was exempted from guard duty, 
 and presented himself at sunset before the tribune, 
 from whom he received the tessera ; he returned 
 with it to his own tent, and, in the presence of wit- 
 nesses, gave it to the centurion of number nine ; it 
 was passed on by hun to the centurion of number 
 
 I eight, and so on, till it came back to the tribune. 
 
 I Besides the guards {e.x'ciibiac) of the tribunes, &c., 
 which we have already mentioned, there were also 
 several night-watches (riijiUae): thus, there were 
 generally three about the quaestorium, and two for 
 each of the legati ; each division {Tor/ixa) also set 
 a watch for itself. The velites were stationed by 
 the walls of the rampart, and supplied the posts 
 or picquets at the gates (staliones ante porias 
 Offehant). 
 
 We will now describe the arrangements for the 
 inspection of the night-watches, first observing that 
 the night was divided into four, each of three hours' 
 length : the arrangements were as follows : — The 
 soldiers of the watch-companies, supplied by the 
 different maniples who were to furnish the guards 
 during the first watch of the night, received from 
 the tribune a number of small tablets {^vKri<{>ia) with 
 
 certain marks upon them, and then went to their 
 respective posts. The duty of visiting these posts, 
 and making the nightly rounds of inspection, de- 
 volved upon the horsemen. Four of these, who were 
 selected for this duty every day, according to a 
 regular cycle, received from the tril)nne written 
 instructions as to the time when they were to visit 
 each post, and the munber of posts to be visit- 
 ed: they were called circuitores (irepiTroAot), 
 and, in the time of Vegetius, circitores. After 
 receiving their orders, they went and posted them- 
 selves b)' the first maniple of the triarians, the 
 centurion of which was requu'ed to see that the 
 hours of the watch were properly given by the 
 sound of the trumpet : tlien, when the time came, 
 the circuitor of the first watch proceeded on his 
 rounds to all the posts ; if he found the guards 
 awake and on duty, he took their tablets ; if he 
 found them asleep, or any one absent from his 
 post, he called upon the friends who accompanied 
 him to witness the fact, and so passed on to the 
 next post. The same was done by the circuitores 
 of the other watches. The next morning, all the in- 
 spectors appeared before the tribunes, and presented 
 the tablets they had received; any guard whose tablet 
 was not produced, was required to account for it. 
 If the fault lay with the circuitor, he was liable to 
 a stoning, which was generally fatal. A regular 
 system of rewards and punishments was establish- 
 ed in the camp, after describing which, Polybius 
 gives the following comparison between the methods 
 of encampment amongst the Romans and Greeks. 
 
 The latter, he says, endeavoured to avail them- 
 selves of the natural advantages aftbrded by any 
 ground they could seize upon, thus avoiding the 
 trouble of entrenchment, and securing, as they 
 thought, greater safety than any artificial defence 
 would have given them. The consequence of this 
 was, that they had no regular form of camp, and 
 the difi'erent divisions of an anny had no fixed 
 place to occupy. 
 
 In describing the Roman camp and its internal 
 arrangements, we have confined ourselves to the in- 
 formation given by Polybius, which, of course, ap- 
 plies only to his age, and to annies constituted like 
 those he witnessed. When the practice of draw- 
 ing up the anny according to cohorts, ascribed to 
 Marius or Caesar [Army (Roman), p. 9,5], had 
 superseded the ancient division into maniples, and 
 the distinction of triarii, &c., the internal arranges 
 ments of the camp must have been changed accord- 
 ingly. So also was the outward fonn ; for we 
 learn from Vegetius, who lived in the reign of the 
 emperor Valentinian (a.d. 385), that camps were 
 made square, round, or triangular, to suit the 
 nature of the ground, and that the most approved 
 form was the oblong, with the length one-third 
 greater than the breadth. (Veget. iii. 8.) He also 
 distinguishes between camps made only for a night 
 or on a march ; and those which were stativa, or 
 built strongly for a stationary encampment. An- 
 other author also(Hyginus, Z>e Castramet.) alludes 
 to places in the camp which Polybius does not 
 mention, e.g. the valcludinariiim, or infirmary; the 
 rcterinar'mm, or faniery; ihe fahrka, or forge (Cie. 
 ad Fam. iii. 8) ; the tahulinum, or record office. 
 Besides this, we read of a great variety of troops 
 under the emperors, which did not exist under the 
 republic, and, of course, had their respective sta- 
 tions assigned them in the camp. 
 
 In closing this article, we will mention some 
 
206 KATAArSEnS TOT" AH'MOT rPA*H'. 
 
 CATARACTA. 
 
 points, a previous notice of which would have in- 
 ternipted the order of description. 
 
 We leam from Tacitus {Ann. ii. 13 ; xv. 30) 
 that a part of the praetorium was called the 
 aun:urale, the auguries being there taken by the 
 general. 
 
 The quaestorium, in former times, seems to have 
 been near the back-gate, or porta dccumana ; hence 
 called quaestoria. (Liv. x. 32 ; xxxiv. 47.) The 
 same author (xxviii. '24) tells us that the tribunes 
 fomerly inspected {circumibant) the night-watches. 
 In the principia, or its immediate neighbour- 
 hood, was erected the tribunal of the general, from 
 which he harangued the soldiers. (Tacit. Ann. i. 
 67 ; Hist. ii. 29.) The tribunes administered jus- 
 tice there. (Liv. xxviii. 24.) The principal stan- 
 dards, the altars of the gods, and the images of the 
 emperors, were also placed there. (Tacit. Ann. i. 
 39 ; iv. 2; Hkt I.e.) 
 
 From the stationary camps, or castra stativa, 
 arose many towns in Europe (Casaubon, ad Suet. 
 Aufi. 18); in England, especially those whose 
 names end in ccster or Chester. Some of the most 
 perfect of those which can be traced in the present 
 day are at Ardoch and Strathem, in Scotland. 
 Their form is generally oblong. 
 
 The castella of the Romans in England were 
 places of very great strength, built for fixed sta- 
 tions. Burgh Castle in Suffolk, the ancient Gara- 
 nomium, and Richbornugh Castle, the Rutupiae of 
 the Romans, near Sandwich in Kent, are still 
 standing ; they seem to have been built nearly 
 on the model of the castra. For information on 
 the Roman stations in this countrj', the reader 
 is referred to General Roy's Military Antiquities 
 in Great Britain. [R. W — N.] 
 
 CATAGRAPHA. [Pictura.] 
 
 KATArn'riA. [ANArn'riA.] 
 
 KATArnTlON. [Caupona.] 
 KATArrrS. [Galea.] 
 
 KATA'A0r02, the catalogue of those persons in 
 Athens who were liable to regular military service. 
 At Athens, those persons alone who possessed a 
 certain amount of property, were allowed to serve 
 in the regular infantry, whilst the lower class, the 
 thetes, had not this privilege. [Censu.*.] Thus 
 the former are called oi 6k KaToKoyov (npaTevov- 
 T€y, and the latter ol €|cd tou KaraKSyov. (Xen. 
 HelL ii. 3. § 20.) Those who were exempted by 
 their age from military service, are called by 
 Demosthenes (De S;/nt. ]). 167. c. 2) oi vnep tov 
 KardKoyov. It appears to have been the duty of 
 the generals {(TTparr^yoi) to make out the list of 
 persons liable to service ['A2TPATEI'A2 rPA<i>H'], 
 in which duty they were probably assisted by the 
 dcmarchi, and sometimes by the ^ouXeurai. (De- 
 mosth. c. Pubjcl p. 1208.) 
 
 KATAA^SEnS TOT" AH'MOT rPA*H' was 
 an action brought against those persons who had 
 altered, or attempted to alter, the democratical 
 form of government at Athens. A person was also 
 liable to this action who held any public office in 
 the state after the democracy had been sub- 
 verted. (Andoc. Dc Myst. 48.) This ac- 
 tion is closely connected with the irpoioaias 
 ypatpri (eirl irpoZoaia Trjs Tto\4uis, rj firl Ktna- 
 \v(Tfi TOV Srj^iou, Demosth. c. Timocr. 748), with 
 which it appears in some cases to have been almost 
 identical. The form of proceeding was the same 
 in both cases, namely, by flaayyeXla. In the case 
 of KO-TaXvaetjis tov 5r)/uou, the punishment was 
 
 death ; the property of the offender was confiscatei 
 to the state, and a tenth part dedicated to Athena 
 (Andoc. De Mi/st. 48.) 
 
 KATA'ATSlis. [Caupona.] 
 
 CATAPHRACTA. [Lorica.] 
 
 CATAPHRA'CTI {KaTa.<ppaKToi). This wore 
 was used in two different significations : — 
 
 I. It was the name of the heavy-armed cavalry, 
 the horses of which were also covered with defen- 
 sive armour (Serv. ad Virg. Aen. xi. 771), whencf 
 they are called by Pollux (i. 140) vepnr«ppayfiei'ot 
 The armour of the horses consisted either of scale 
 armour, or of plates of metal, which had different 
 names according to the parts of the body which 
 they protected. Pollux (i. 140') speaks of the 
 7rpo/U6Tto7n'5ioc, irapaTTiov, irap-qiov, ■7rpo(TTfpui- 
 Siov, irapawKevp'tSiov, vapafiijp'iSiov, irapaKi/riixiSiov. 
 Among many of the Eastern nations, who placed 
 their chief dependence upon their cavalry, we find 
 horses protected in this manner ; but among the 
 Romans we do not read of any troops of this de- 
 scription till the later times of the empire, when 
 the discipline of the legions was destroyed, and the 
 chief dependence began to be placed on the cavalry. 
 When Postumus leaves Rome for the eastern wars, 
 Galla prays (Prop. iii. x. 11), 
 
 Neve tua Medae laetentur caede sagittac, 
 Ferreus armato neu cataphractus equo." 
 This species of troops was common among the 
 Persians from the earliest times, from whom it was 
 adopted by their Macedonian conquerors. (Liv. 
 XXXV. 48; xxx\'ii. 40.) In the anny of Cyrus, 
 Xenophon (Ci/r. vi. 4. § 1) says that the horses 
 were protected by coverings for the forehead and 
 chest {irpofieTunriSiois koI irpoaTepviZiois) ; and the 
 same was the case with the army of Artaxerxes, 
 when he fought with his younger brother. (Xen. 
 Anab. i. 8. § 7.) Troops of this description were 
 called cKbanarii by the Persians {cataphracti equi- 
 tes, quos elibanarios dietitant Persae, Amni. Marcell. 
 xvi. 10; compare Lamprid. Aleit. Sev. .56). We 
 first read of cataphracti in the Roman army in the 
 time of Constantine. (Amm. Marcell. I.e.) 
 
 II. The tei-m Cataphracti was also applied to 
 ships which had decks, in opposition to aphracti. 
 
 [ApHR ACTUS.] 
 
 CATAPIRA'TER (/coTaTreipoTTjpi'a, ;8oA.;j),the 
 lead used in sounding, or fathoming the depth of 
 water in navigation. 
 
 The mode of employing this instrument appears 
 to have undergone no change for more than two 
 thousand years, and is described with exactness in 
 the account of St. Paul's voj'age and shipwreck at 
 Melite. {Acts, xxvii. 28.) A cylindrical piece of 
 lead was attached to a long line, so as to admit of 
 being thrown into the water in advance of the 
 vessel, and to sink rapidly to the bottom, the line 
 being marked with knots at each fathom, to measure 
 the depth. (Isid. Orici. xix. 4 ; Eustath. in //. v. 
 3,06.) By smearing the bottom of the lead with 
 tallow {unctum, Lucilius, ap. Isid. I. c.), speci- 
 mens of the ground were brought up, showing 
 whether it was clay (Herod, ii. 5), gravel, or hard 
 rock. [J. Y.] 
 
 CATAPUL'TA. [Tormentum.] 
 
 CATARA'CTA (/corappaKTrjs), a portcullis, so 
 called because it fell with great force and a loud 
 noise. 
 
 According to Vegetius {De Re Mil. iv. 4), it 
 was an additional defence, suspended by iron rings 
 and ropes, before the gates of a city, in such a 
 
KATA2KOnH"2 rPA*H'. 
 
 CATENA. 
 
 207 
 
 lanner that, when the enemy had come up to the 
 ites, the portcullis might be let down so as to 
 lut them in, and to enable the besieged to assail 
 lem from above. In the accompanying plan of 
 le principal entrance to Pompeii, there are two 
 
 ideways for foot passengers, and a road between 
 ,hem, fourteen feet wide, for carriages. The gates 
 rere placed at A, A, turning on pivots [Cardo], 
 s is proved by the holes in the pavement, which 
 till remain. This end of the road was nearest to 
 .he town ; in the opposite direction, the road led 
 |ato the country. The portcullis was at B, B, and 
 ;Vas made to slide in grooves cut in the walls. The 
 ideways, secured with smaller gates, were roofed 
 ,n, whereas the portion of the main road between 
 he gates (A, A) and the portcullis (B, B) was open 
 0 the sky. When, therefore, an attack was made, 
 he assailants were either excluded by the portcul- 
 is ; or, if they forced their way into the barbican 
 ind attempted to break down the gates, the 
 itizens, surrounding and attacking them from 
 ibove, had the greatest possible facilities for im- 
 )eding and destroying them. Vegetius speaks of 
 lie "cataracta" as an ancient contrivance ; and it 
 ippears to have been employed by the Jews at 
 lerusalem as early as the time of David. {JPsal. 
 cxiv. 7. 9 ; compare Jer. xx. 2. Sept.) 
 
 A sluice, constructed in a watercourse, and made 
 .0 rise and fall like a portcullis, was called by its 
 lame (caiaraciis aquae cnrsum iemperarc, Plin. 
 Epist.lL. 69). RutiUus {Itin. i. 481) mentions the 
 ise of such sluices in salt-works. [Salinae.] 
 
 The term " cataractae" was also applied to those 
 latural channels which were obstructed by rocky 
 )arriers, producing a rapid and violent descent of 
 he water, as in the celebrated " cataracts" of the 
 ^ile. [J. Y.] 
 
 KATA2KOnH~2 rPA4>H', an action brought 
 igainst spies at Athens. ("Ai/ ^l(V apa -weirfpl tis 
 '>epri irpm^efos, ^TpeSXavv ypdcpovcri tovtov lis 
 ioradKoirov^ Antiphanes, ap. Athen. ii. 66. D., 
 vhere ypdcpovai signifies, as it does frequently, 
 • accuse.") If a spy was discovered, he was put 
 
 to the rack in order to obtain information from 
 him, and afterwards put to death. (Antiphanes, 
 1. c. ; Demosth. De Cor. 272 ; Aeschin. c. Ctesiph. 
 616 ; Plut. Vit. dec. Oral. p. 848. A.) It appears 
 that foreigners only were liable to this action ; 
 since citizens, who were guilty of this crime, were 
 liable to the wpoSoiTLas yparprj. 
 
 KATErrTA"N. ['ErrT'H.J 
 
 KATHrOPl'A. [rPA*H'.] 
 
 CATEI'A, a missile used in war by the Ger- 
 mans, Gauls, and some of the Italian nations (Virg. 
 Ae??. vii. 741; Val. Flac. vi. 8.3; Aul. Gell. x. 
 25), supposed to resemble the AcLis. (Servius in 
 Aen. I. c. ; Isid. Orig. xviii. 7.) It probably had 
 its name from cutting; and, if so, the Welsh terms 
 catai, a weapon, cateia, to cut or mangle, and 
 catau, to fight, are nearly allied to it. [J. Y.] 
 
 CATELLA. [Catena.] 
 
 CATE'NA, dim. CATELLA (a\vais, dim. 
 oA.ucrioj', aKvcTiSiov), a chain. 
 
 Thucydides (ii. 76) informs us that the Platae- 
 ans made use of " long iron chains" to suspend 
 the beams which they let fall upon the battering- 
 rams of their assailants. [Aries.] Under the 
 Romans, prisoners were chained in the following 
 manner: — The soldier who was appointed to 
 giuird a particular captive, had the chain fastened 
 to the wrist of his left hand, the right rcmainingat 
 liberty. The prisoner, on the contrary, had the 
 chain fastened to the wrist of his right hand. 
 Hence dextras insertare catenis means to submit to 
 captivit}'. (Stat. Theh. xii. 460 ; Icviorem in sinistra 
 caie7iam, Seneca, De Tranquill. i. 10.) The pri- 
 soner, and the soldier who had the care of him 
 {custos), were said to be tied to one another (affi- 
 Sen. /. c. ; latro et colligatus, Augustine). 
 Sometimes, for greater security, the prisoner was 
 chained to two soldiers, one on each side of him 
 {aXvcrecn Sva'i, Acts, xii. 6, 7 ; xxi. ,33). If he 
 was found guiltless, they broke or cut asunder his 
 chains (ireAeKei S(€/fo;|/e rriv a.\vaiv, Joseph. Bell. 
 Jud. V. 10). Instead of the common materials, 
 iron or bronze, Antony, having got into liis power 
 Artavasdes, king of the Armenians, paid him the 
 pretended compliment of having him bound with 
 chains of gold. (Velleius Paterc. ii. 82.) 
 
 Chains which were of superior value, either on 
 account of the material or the workmanship, are 
 commonly called catcUae {dxiaia), the diminutive 
 expressing their fineness and delicacy as well as 
 their minuteness. The specimens of ancient chains 
 which we have in bronze lamps, in scales [Libra], 
 and in ornaments for the person, especially neck- 
 laces [Monilb], show a great variety of elegant 
 and ingenious patterns. Besides a plain circle or 
 oval, the separate link is often shaped like the 
 figure 8, or is a bar with a circle at each end, or 
 assumes other forms, some of which are here sho\vn. 
 The links are also found so closely entwined, that 
 the chain resembles platted wire or thread, like 
 the gold chains now manufactured at Venice. This 
 is represented in the lowest figure of the woodcut. 
 
 These valuable chains were sometimes given as 
 
208 
 
 KA'TPIN02. 
 
 CAUPONA. 
 
 rewards to the soldiers (Liv. xxxiv. 31) ; but they 
 were commonly worn by ladies, either on the neck 
 (irepl Tov Tpaxn^^ov dKvaiov, Menander, p. 92. 
 ed. Mein.), or round the waist (Plin. //. A^. xxxiii. 
 12); and were used to suspend pearls, or jewels set 
 in gold, keys, lockets, and other trinkets. [J. Y.J 
 CATERVA'RII. [Gladiatores.] 
 CA'THEDRA, a scat ; but the term was more 
 particularly applied to the soft scats used by wo- 
 men, whereas sella signified a seat common to both 
 sexes {inter femineas catlunlras. Mart. iii. 63, iv. 
 79 ; Hor. Sat. i. x. 91 ; Prop. iv. v. 37). The 
 cathedrae were, no doubt, of various forms and sizes ; 
 but they usually appear to have had backs to them, 
 as is the case in the one represented in the annex- 
 ed woodcut, which is taken from Sir William 
 Hamilton's work on Greek vases. On the cathedra 
 is seated a bride, who is being fanned by a 
 slave with a fan made of peacock's feathers. 
 
 Women were also accustomed to be carried 
 abroad in these cathedrae instead of in lecticae, 
 which practice was sometimes adopted by effemi- 
 nate persons of the other sex (seocta cervice feratur 
 cathedra., Juv. Hat. i. fi5 ; compare ix. 51). The 
 word cathedra was also applied to the chair or 
 pulpit from which lectures were read. (Juv. Sat. 
 vii. 203 ; Mart. i. 77.) Compare Bbttiger, Sahina, 
 i. p. 35 ; Scheifer, De Re Vekicul. ii. 4 ; Ruperti, 
 ad .Juv. i. G5.) 
 
 KA'TPINOS is a genuine Greek word, with an 
 exact and distinct signification, although it is found 
 in no lexicon, and only in two authors, viz. Mr. 
 Charles Fellows, as quoted in Aratrum, p. 69, 
 and Montfaucon, who gives the figure of the agri- 
 cultural implement which it denoted, with the 
 name written over the implement, from a very 
 ancient MS. of Hesiod's Works and Days. ( Palaeog. 
 Gr. p. 9.) It is doubtful whether the Karpivos 
 had a Latin name ; for Pliny {H.N. xviii. 49. § 2) 
 describes it by a periphrasis — " Purget vomerem 
 subinde stimulus cuspidatus rallo." But his remark 
 proves that it was used in Italy as well as in 
 Ctreece, and coincides with the acconipanj-ing re- 
 presentation, from a very ancient bronze of an 
 Etruscan ploughman driving his yoke of o.xen with 
 the Karpiuo! in his hand. (Micali, liulia Avanii il 
 Dom. dei Rom. t. L.) 
 
 It cannot be doubted that, if the traveller were 
 to visit the remote valleys of Greece and Asia 
 Minor, and take time to study the language and 
 habits of the people, he would find many othei 
 curious and instructive remains of classical antiqui- 
 ty, which are preserved in no other way. [J. Y.] 
 CAVAEDIUM. [House.] 
 CAVEA. [Theatru.m.] 
 CAUPO'NA was used in two different signifi- 
 actions : — 
 
 1. It signified an inn, where travellers obtained 
 food and lodging ; in which sense it answered to the 
 Greek words7rac5oK€<oi',(coTa7£i!7io:',and (caraAuiris, 
 
 2. It signified a shop, where wine and ready- 
 dressed meat were sold, and thus corresponded to 
 the Greek Kain\Keiov. The person who kept a cau- 
 pona was called cuiijio. 
 
 It has been maintained by many writers that 
 the Greeks and Romans had no inns for the ac- 
 commodation of persons of any respectability, and 
 that their cauponae and iravZoKtia were mere 
 houses of shelter for the lowest classes. That such, 
 however, was not the case, an attentive perusal ol 
 the classical authors will sufKciently show ; though 
 it is, at the same time, verj- evident that their 
 houses of public entertainment did not correspond, 
 either in size or convenience, to similar places in 
 modern times. It is also true that the hospitality 
 of the ancients rendered such houses less necessary 
 than in modem times ; but they nevertheless ap- 
 pear to have been vciy numerous in Greece. The 
 public ambassadors of Athens were sometimes 
 obliged to avail themselves of the accommodatior 
 of such houses (Aeschin. De Fals. Leg. p. 273), as 
 well as private persons. (Cic. De Dir. i. 27 ; Im\ 
 ii. 4.) In addition to which, it may be remarked, 
 that the great number of festivals which were cele- 
 brated in the difi'erent towns of Greece, besides 
 the four great national festiv;ils, to which persons 
 flocked from all parts of Greece, must have re 
 quired a considerable number of inns to accommo- 
 date strangers, not only in the places where th( 
 festivals were celebrated, but also on the road 
 leading to those places. 
 
 Among the Romans, the want of such houses o 
 public entertainment would be less felt than amonj. 
 the Greeks ; because, during the latter days of tin 
 republic and under the emperors, most Romans n 
 respectability had friends or connections in th. 
 principal cities of Europe and Asia, who could ac 
 commodate them in their own houses. They were 
 however, frequently obliged to have recourse to tin 
 public inns. (Hor. Ep. i. xi. 12 ; Cic. Pro Cluetii 
 59; Phil. ii. 31.) 
 
 An inn was not onlj' called caupona, but alsi 
 taherna and taberna diversoria (Plant. Menaechm 
 II. iii. 81), or simply dirersorium or deversorinm. 
 
CAUPONA. 
 
 CAUTIO. 
 
 209 
 
 It has been already remarked that caupona also 
 unified a place where wine and read}"-dressed 
 ) visions were sold (Mart. i. 57; ii. 48), thus 
 iiiesponding to the Greek KaTrriKfiov. In Greek 
 BTTijAoj signifies in general a retail trader, who 
 lid goods in small quantities, whence he is some- 
 'mes called 7ra\i7/fa7rr)Aor, and his business tto- 
 \ iyKaTrr)\€veii'. (Demosth. c. Diom/sodor. p. 1285 ; 
 \ristoph. Plut. 1 156 ; Pollux, vii. 12.) The word 
 STTjXos, however, is more particularly applied to 
 ! person who sold ready-dressed provisions, and 
 specially wine in small quantities, as plainly ap- 
 >ars from a passage in Plato {Gory. c. 15t). p. 518). 
 !S''hen a retail dealer in other commodities is 
 ')oken of, the name of his trade is usually prefix- 
 1 ; thus we read of irpoSaroKairriXos (Plutarch, 
 'i rirl. 24), Ofr\wv KantiXos (Aristoph. Pa.v. 1175),- 
 tiriSoiv Kav-nXos (Id. -i'M)), PiSAiOKdn-qXos, &c. , 
 1 these /caTTTjAeTa only persons of the very lowest 
 ass were accustomed to eat and drink (ec /ca- 
 _ri\elcji Se <pay(7v 17 nteTv ovSeU ovS' av oi/cerrjs | 
 !Ti6i(o)j hoXfi-qae, Isocr. Areioji. c. 18). 
 \ In Rome itself there were, no doubt, inns to ac- 
 )mmodate strangers ; but these were probably 
 =ily frequented by the lower classes, since all 
 lersons in respectable society could easily find ac- 
 )mmodation in the houses of their friends. There 
 ere, however, in all parts of the city, numerous 
 juses where wne and ready-dressed provisions 
 ere sold. The houses where persons were allow- 
 1 to eat and drink were usually called popinae 
 'id not cauponae; and the keepers of them, popae. 
 'hey were principally frequented by slaves and 
 ke lower classes (Cic. Pro Mil. 24), and were 
 'insequently only furnished with stools to sit upon 
 ■'.stead of couches, whence Martial (v. 70) calls 
 lese places sellariolas popinas. This circumstance 
 ■ illustrated by a painting found at Pompeii in a 
 ine-shop, representing a drinking-scene. There 
 i-e four persons sitting on stools round a tripod 
 ble. The dress of two of the figures is remark- 
 lie for the hoods, which resemble those of the 
 ;ipotes, worn by the Italian sailors and fishennen 
 the present day. They use cups made of honi 
 • stead of glasses, and from their whole appearance 
 ■•idently belong to the lower orders. Above them 
 •e different sorts of eatables hung upon a row of 
 
 The thennopolia, which are spoken of in the 
 "tide Calida, appear to have been the same as 
 le popinae. Many of these popinae seem to have 
 ?en little better than the lupanaria or brothels ; 
 hence Horace {Sat. 11. iv. 62) calls them iin- 
 undas popinas. The wine-shop at Pompeii, 
 here the painting described above was found, 
 ■ems to have been a house of this description ; for 
 
 behind the shop there is an inner chamber painted 
 with every species of indecency. {GeU^s Pompeiana, 
 vol. ii. p. 10.) The yaneae, which are sometimes 
 mentioned in connection with the popinae (Suet. 
 Ti/j. .34), were brothels, whence they are often 
 classed with the lustra. (Liv. xxvi. 2; Cic. P/ii/. 
 xiii. 11, Pro Siwt. 9.) Under the emperors many 
 attempts were made to regulate the popinae, but 
 apparently with little success. Tiberius forbad 
 all cooked provisions to be sold in these shops 
 (Suet. Ti/i. 34) ; and Claudius commanded them to 
 be sliut up altogether. (Dion Cass. Ix. 6.) They 
 appear, however, to have been soon opened again, 
 if they were ever closed ; for Nero commanded that 
 nothing should be sold in them but different kinds 
 of cooked pulse or vegetables (Suet. Ner. 16 ; Dion 
 Cass. Lxii. 14); and an edict to the same effect was 
 also published by Vespasian. (Dion Cass. Ixvi. 10.) 
 
 All persons, who kept inns or houses of pulihc 
 entertainment of any kind, were held in low esti- 
 mation both among the Greeks and Romans. 
 (Theophr. C/iar. d ; Pint. Legy. xi. p. 918, 919.) 
 They appear to have fully deserved the bad repu- 
 tation which the}' possessed ; for they were ac- 
 customed to cheat their customers by false weights 
 and measures, and by all the means in their power ; 
 whence Horace calls them porjidos {Sut. i. i. 29) 
 and nialiyiios {Sat. i. v. 4). (Zell, Die Wirl/is- 
 li'duser d. A Iten ; Stockmann, De Popinis ; Becker, 
 Gcd/us, i. p. 227—236.) 
 
 CAUSAE PROBA'TIO. [Civitas.] 
 CAUSIA {Kavata), a hat with a broad brim, 
 which was made of felt and worn by the Mace- 
 donian kings. (Valer. Max. v. I. 4 ; Pans. ap. 
 Eustath. ad 11. ii. 121.) Its form is seen in 
 the annexed figures, which are taken from a 
 fictile vase, and from a medal of Alexander I. of 
 
 Maeedon. The Romans adopted it from the Mace- 
 donians (Plant. Mil Olor. iv. iv. 42 ; Pers. i. iii. 
 75; Antip. Thess. in Brunckii Anal.ii. Ill), and 
 more especially the Emperor Caracalla, who used 
 to imitate Alexander the Great in his costume. 
 (Herodian. IV. viii. 5.) [J.Y.] 
 
 CAU'TIO, CAVE'RE. These words are of fre- 
 quent occurrence in the Roman classical writers 
 and jurists, and have a great variety of significa- 
 tions according to the matter to which they refer. 
 Their general signification is that of securitj' given 
 by one person to another, or security which one 
 person obtains by the advice or assistance of 
 another. The general term (cautio) is distributed 
 into its species according to the particular kind of 
 the security, which may be by satisdatio, by a 
 fidejussio, and in various other ways. The general 
 sense of the word cautio is accordingly modified 
 by its adjuncts, as cautio fidejussoria, pigneraticia, 
 or hypothccaria, and so on. Cautio is used to ex- 
 press both the security which a magistratus or a 
 
210 
 
 CAUTIO. 
 
 CELLA. 
 
 judex may reqviire one party to give to another, I 
 which applies to cases where there is a matter in 
 dispute of which a court has already cognizance ; 
 and also the security which is a matter of contract 
 between parties not in litigation. The words 
 cautio and cavere are more particularly used in the 
 latter sense. 
 
 If a thing is made a security from one person to 
 another, the cautio becomes a matter of pignus or of 
 h3-potheca; if the cautio is the engagement of a 
 surety on behalf of a principal, it is a cautio fide- 
 jussoria. (Dig. 37. tit. (J. s. 1. §!). ) 
 
 The cautio was most frequently a writing, 
 which expressed the object of the parties to it ; 
 accordingly the word cautio came to signify both 
 the instniment {diiruyraplium or instrumeniiim) 
 and the object which it was the purpose of the 
 instrument to secure. (Dig. 47. tit. 2. s. 270 
 Cicero {Ep. Fam. vii. 18) uses the expression 
 cautio chirographi mei. The phrase nirere aliijuid 
 alicui expressed the fact of one person giving se- 
 curity to another as to some particular thing or 
 act. (Dig. 29. tit. 2. s. 97.) 
 
 Ulpian (Dig. 46. tit. 5) divides the praetoriae 
 stipulationes into three species, judiciales, cautio- 
 nales, communes ; and he defines the cautionales 
 to be those which are equivalent to an action and 
 are a good ground for a new action, as the stipula- 
 tiones de legatis, tutela, ratam rem habere, and 
 damnmn infectum. Cautiones then, which wei'e a 
 branch of stipulationes, were such contracts as 
 would be ground of actions. The following ex- 
 amples will explain the passage of Ulpian. 
 
 In many cases a bores could not safely pay 
 legacies, unless the legatee gave security {cautio) 
 to refund in case the will under which he claimed 
 should tuni out to be bad. (Dig. 5. tit. 3. s. 17.) 
 The Cautio Muciana was the engagement by which 
 the heres bound himself to fulfil the conditions of 
 his testator's will, or to give up the inherit;ince. 
 The heres was also in some cases bound to give 
 security for the pajTuent of legacies, or the legatee 
 was entitled to the Bonorum Possessio. Tutores 
 and curatores were required to give security 
 {satitdure) for the due administration of the 
 property intrusted to them, unless the tutor was 
 appointed bj' testament, or unless the curator was 
 a curator legitimus. (Gains, i. 199.) A procurator 
 who sued in the name of an absent party, might be 
 required to give security that the absent party 
 would consent to be concluded by the act of his 
 procurator (A/, iv. 99 ) ; this security was a spe- 
 cies satisdationis, included under the genus cautio. 
 (Dig. 46. tit. 8. s. 3. 13. 1!!, kc.) In the case of 
 damnum infectum, the owner of the land or pro- 
 perty threatened with the mischief, might call for 
 seciu-ity on the person threatening the mischief. 
 (Cic. fo]). 4 ; Gaius, iv. 31 ; Dig. 43. tit. 8. s. h.) 
 
 If a vendor sold a thing, it was usual for him to 
 declare that he had a good title to it, and that if 
 any person recovered it from the purchaser by a 
 better title, he would make it good to the pur- 
 chaser ; and, in some cases, the cautio was for 
 double the value of the thing. (Dig. 21. tit. 2. 
 s. 60.) This was, in fact, a warranty. 
 
 The word cautio was also applied to the release 
 which a debtor obtained from his creditor on satis- 
 fying his demand : in this sense cautio is equiva- 
 lent to a modern receipt ; it is the debtor's security 
 against the same demand being made a second 
 time. (Cic. Brut. 5; Dig. 46. tit. 3. s. 89. 94.) 
 
 Thus cavere ab aliquo signifies to obtain this kin. 
 of security. A person to whom the usus fructu 
 of a thing was given, might be required to giv 
 security that he would enjoy and use it properly 
 and not waste it. (Dig. 7. tit. 9.) 
 
 Cavere is also ap])lied to express the profef 
 sional advice and assistance of a lawyer to hi 
 client for his conduct in any legal matter. (Gil 
 Ep. Fam. iii. I ; vii. 6 ; Pro ]\[urena, c. 10.) 
 
 The word cavere and its derivatives are also use 
 to express the provisions of a law, by whic 
 anything is forbidden or ordered, as in th 
 phrase, — Caidum est leye, j)rincipalihus consiifi 
 tiuidhus, &c. It is also used to express the word 
 in a will, by which a testator declares his wis 
 that certain things should be done after his deatl 
 The preparation of the instnmients of cautio wa: 
 of course, tlie business of a lawyer. 
 
 It is unnecessary to particularise further th 
 species of cautio, as they belong to their sever: 
 heads in the law. [G. L.] 
 
 KEA'AAS, or KAIA'AAS, was a deep caver 
 or chasm, like the fidpaSpov at Athens, into whic 
 the Spartans were accustomed to tlirust persor 
 condemned to death. (Thucyd. i. 134 ; Strab. vii 
 p. 3()7 ; Pans. iv. 18. § 4; Suidas, s. Bdpadpoi 
 Kaiddas, KedSas.) 
 CEDIT DIES. [Legatum.] 
 KEKPT'4>AA02. [Calantica.] 
 CE'LERES, according to Livy (i. 15),wcre thn 
 hundred Roman knights whom Romulus estalilisi 
 ed as a body-guard ; their functions are express! 
 stated by Dionysius of Halicarnassus (ii. p. 26; 
 &c.) There can be little doubt but that the cclere 
 or " horsemen " (like the Greek k€At)t€s : se 
 Virgil, Ac/!, xi. 603) were the patricians ( 
 burghers of Rome, the number, 300, referring to tli 
 number of the patrician houses ; " for," as Niebul 
 remarks (Ilist. Rom. i. p. 325), " since the tribunal 
 of the celeres is said to have been a magistracy an 
 a priestly office, it is palpably absurd to regard 
 as the captaincy of a body-guard. If the kini 
 had any such body-guard, it must assuredly ha\ 
 been foiTued out of the numerous clients residir 
 on their demesnes." We know that the patricia 
 tribes were identical with the six ciftesiriun centurii 
 founded hy L. Tarquinius (Nicbuhr, //(.sf.i?owi.i. ] 
 391, &c.), and that they were incorporated as sue 
 in the centuries. (Niel)uhr,//ts<.ifom. i. p.427.) ' 
 is obvious, therefore, that these horsemen, as a clas 
 were the patricians in general, so called, becani 
 they could keep horses or fought on horseback, an 
 thus the name is identical witli the later Latin ter 
 equites, and with the Greek imri^s, iimohafioi, tim 
 go'rai. (See Ilerod. v. 77.) [J. W. D.] 
 
 CELLA. In its primary sense cella means a stnr 
 room of any kind — yln quid conditum esse volcbai 
 a celando ecUam appeUiirunt. ( Varro, De Line), h 
 V. 162. ed. MiiUer.) Of these there were varioi 
 descriptions, which took their distinguishing den' 
 minations from the articles they contained ; ar 
 amongst these the most important were : — 1. P 
 nuaria or penaria, ^ ul/i penus'''' (Varro, /. c. 
 where all the stores requisite for the daily use at 
 consumption of the household were kept (Sue 
 Any. c. 6) ; hence it is called by Plautus prm 
 ptuaria. {Amph. i. i. 4.) 2. Olearia, a repositoi 
 for oil, for the peculiar properties of wliich co 
 suit Vitniv. vi. 9 ; Cato, De Re Rust. c. 1 3 ; P; 
 lad. i. 20 ; Coluni. xii. 50. 3. Vinaria, a win 
 store, which was situate at the top of the hous 
 
CENSORES. 
 
 CENSORES. 
 
 •211 
 
 ^Comparo Plin. Ep. ii. 17. with t^or. Curm. ill. 
 'i:xviii. 7.) Our expression is bring up the wine, 
 
 . jhe Latin one is bring down. (Hnr. Ad Amph- 
 ' ram, Carm. in. xxi. 7. " Desvendi; Corvino ju- 
 
 . ieiite.") The Romans had no such j)laces as wine 
 \eUaTs, in the notion conveyed by our term, that 
 Is, underground cells ; for when the wine had 
 lOt sufficient body to be kept in the cdkt vinaria, 
 jt was put into casks or pig skins, which were 
 jUiried in the ground itself. (Plin. //. TV. xiv. 27.) 
 I '"or an account of the cdlae vimiriac consult Plin. 
 
 . . c. ; Vitruv. i. 4. p. 25. ed. Bipont. ; Id. vi. 9, 
 
 ; ;.. 179; Colum. i. 6. 
 
 , ! The slave to whom the charge of these stores 
 , iras intrusted, was called ccllarius (Plant. Capt. iv. 
 ,i. 115; Senec. Ep. 122), or promus (Colum. xii. 
 !), or condus, " quia promit quod conditum est " 
 j Compare Hor. Carm. i. ix. 7 ; iii. xxi. 8), and 
 joraetimes promtts-co?idus and procurator peni. 
 j Plant. Pseud, u. ii. 14.) This answers to our 
 jjutler and housekeeper. 
 
 j Any number of small rooms clustered together 
 jike the cells of a honeycomb (Virg. Gcor. iv. 164) 
 js'ere also termed cellae; hence the dormitories of 
 . slaves and menials are called cdltu: (Cic. Phil. 
 ■i. 27 ; Columella, i. 6), and cellae. famUiaricm 
 'Vitruv. vi. 10. p. 182) in distinction to a bed- 
 ;hamber, whidi was culiieulam. Thus a sleeping- 
 jToom at a publichouse is also termed cdla. (Petron. 
 jo. 55.) For the same reason the dens in a brothel 
 Are cellae. (Petron. c. 8; Juv. Sat. vi. 128.) Each 
 (female occupied one to herself (Ibid. 122), over 
 iwhich her name and the price of her favours were 
 inscribed (Seneca, Contrur. i. 2) ; hence cella in- 
 icripta means a brothel. (Mart. xi. 45. 1.) Cella 
 pstiarii (Vitniv. vi. 10 ; Petron. c. 29), or janitoris 
 ,(Suet. Vitell. c. 16), is the porter's lodge. 
 
 In the baths the celJa caldaria, tepidaria, and 
 /rigidaria, were those which contained resj)ective- 
 ly the warm, tepid, and cold bath. [Baths.] 
 
 The interior of a temple, that is the part in- 
 I'cluded within the outside shell, (rriKos (see the 
 lower woodcut in Antae), was also called celki. 
 There was sometimes more than one cella within 
 the same peristyle or under the same roof ; in 
 jwhich case tliey were either turned back to back, 
 jas in the temple of Rome and Venus, built by 
 Hadrian on the Via Sacra, the remains of which 
 are still visible ; or parallel to each other, as in 
 the temple of .lupiter Optimus Maximus in the 
 Capitol. In such instances each cell took the 
 name of the deity whose statue it contained, as 
 ^cella Jovis, cella Junonis, celkc Minervae. [Capi- 
 
 TOLIUM.] [A. R.] 
 
 CELLA'RIUS. [Cella.] 
 
 CENOTA'PHIUM. A cenotaph (/cevos and 
 Ta<pos) was an empty or honorary tomb, erected 
 as a memorial of a person whose body was buried 
 elsewhere, or not found for burial at all. 
 
 Thus Virgil {Acn. iii. 30,S) speaks of a " tumulus 
 inanis" in honour of Hector, — 
 
 " Manesque vocabat 
 Hectoreum ad tumulum,viridiquem cespite inanem; 
 Et geminas, causam lacrymis, sacraverat aras." 
 .(Compare Thucyd. ii. 34.) 
 
 Cenotapliia were considered as religiosa, and 
 ■therefore divini juris, till a rescript of the em- 
 perors Antoninus and Verus, the divi fratres, pro- 
 nounced them not to be so. (Heincc. Ant. Rom. 
 n.].) [R. W— N.] 
 
 CENSO'RES, two magistrates of high rank in 
 
 the Roman republic. They were first created 
 B. c. 442, and were a remarkable feature in the 
 constitution then established. They were elected 
 by the curiae, and confinned l)y the centuries ; and 
 tlms were not merely elected from, but also hy the 
 patricians. At first they held their office for five 
 years, but Mamercus Aemilius, the dictator, passed 
 a law in B. c. 433, by which the duration of the 
 office was limited to 18 months, the election still 
 taking place as before at intervals of five years, so 
 that the office was vacant for three years and a half 
 at a time. Tlie censors were always patricians of 
 consular rank till B. c. 350, when a plebeian, C. 
 Marcius Rutilius, who had also been the first ple- 
 beian dictator, was elected to the office. Subse- 
 quently, the censors might be, both of them, ple- 
 beians, and even persons who had not filled the con- 
 sulship or praetorship might be elected to this ma- 
 gistracy ; but this was very uncommon (Niebuhr, 
 Hist. Rom. iii. p. 345), and was put a stop to after 
 the second Punic war. The censorship was merged 
 in the imperial rank. The duties of the censors were, 
 at the first, to register the citizens according to 
 their orders, to take account of the property and 
 revenues of the state, and of the public works, and 
 to keep the land-tax rolls. In fact they consti- 
 tuted an exchecjuer-chamber and a board of works. 
 (Niebuhr,//«^ Rom.u. p. 395.) It was the discre- 
 tionary power with which they were invested that 
 gave them their high dignity and influence. As 
 they drew up the lists of Roman citizens, accord- 
 ing to their distribution as senators, equites, mem- 
 bers of trilies, and aerarians, and as their lists were 
 the sole evidence of a man's position in the state, it 
 of course rested with them to decide all questions 
 relative to a man's political rank. And thus we 
 find, that, in eftect, they could, if they saw just 
 cause, strike a senator off tlie list, deprive an eques 
 of his horse, or degrade a citizen to the rank of the 
 aerarians. The offences which rendered a man 
 liable to these degradations were ill-treatment of 
 his famOy, extravagance, following a degrading pro- 
 fession, or not properly attending to his own, or hav- 
 ing incurred a judicium turpe. (Cic. Pro Cluent. 
 4'2 ; Gains, iv. § 182.) The power of the censors 
 even extended to a man's property. Every citizen 
 was obliged to give in to the censors a miimte and 
 detailed account of his property, which was taken 
 down in writing by the notaries, so that, as Nie- 
 buhr says, there must have been an enoi-mous 
 quantity of such docmncnts and reports in the re- 
 gister-office. (//«/. /("oTO. iii. p. 350.) But the cen- 
 sors had unlimited power in estimating the value, or 
 fixing the taxable capital: thus cases are known in 
 which they rated the taxable value of some articles 
 of property, as high-priced slaves, at ten times the 
 purchase-money. (Liv. xxxiv. 44.) And they 
 not only did that, but even fixed the rate to be 
 levied upon it. The censors also managed the fann- 
 ing of the vectiijalia, or standing revenues, including 
 the state monopoly on salt, the price of which was 
 fixed by them. (Liv. xxix. 37.) They also agreed 
 with contractors for the necessary repairs of the 
 public buildings and roads. The care of the tem- 
 ples, &c., devolved on the praetor urbanus when 
 there was no censor ; but there does not appear to be 
 any reason for concluding with Niebuhr {Hist. Rom. 
 iii. p. 356) that the offices of praetor and censor 
 were ever combined. The censor had all the en- 
 signs of consular dignity except the lictors, and 
 I wore a robe entirely scarlet. (Polvbius, vi. 53.) If 
 
 r 2 
 
212 
 
 CENSUS. 
 
 CENTUMVIRI. 
 
 a censor died in office, he was not replaced, and 
 his colleague resigned. (Liv. xxiv. 43.) A censor's 
 funeral was always very magnificent. (Tacit. Ann. 
 iv. 15.) (For further details with regard to the 
 censors, see Niehuhr, Rom. ii. p. 3"24, &c. ; and 
 Arnold, Hht Rom. i. p. 34fi, &c.) [J. W. D.] 
 
 CENSUS, or register of persons and property, 
 constituted a man's actual claim to the rights of 
 citizenship both in Greece and at Rome. 
 
 I. The CENsrs at Athens seems to date from the 
 constitution of Solon. This legislator made four 
 classes (riixi'ifiaTa, reAr))- 1. Petitacosiomeilimni, 
 or those who received 500 measures, dry or liquid, 
 from their lands. 2. Knights, who had an income 
 of 300 measures. 3. Zengitae, whose income was 
 150 measures. 4. Tlietes or ccipite censi. The 
 word TifiTifxa, as used in the orators, means the 
 valuation of the property; i.e. not the capital 
 itself, but the taa-ah/e capital. (BiJckh, Puh. Econ. 
 of At/iens, ii. p. 270.) Now if the valuation of 
 the income was that given in the distribution of the 
 classes just mentioned, it is not difficult to get at 
 the valuation of the capital implied. Solon reckon- 
 ed the dry measure or medimnus at a drachma. 
 (Plut. SoL 23.) Now it is probable that the in- 
 come was reckoned at a twelfth part of the value 
 of the land, on the same principle which originated 
 the unciarium foenus or Bg- per cent, at Rome. 
 (Niebuhr, Hist. Rom. iii. p. 66) ; if so, the landed 
 property of a penfacosiomedimmts was reckoned at 
 a talent, or 12x500 = 6000 drachmas; that of a 
 knight at 12x 300 = 3600 dr., and that of a zeugites 
 at 12 X 150 = 1800 drachmas. In the first class 
 the whole estate was considered as taxable capital ; 
 but in the second only fths or 300 drachmas ; and 
 in the third, -gths, or 1000 drachmas ; to which 
 Pollux alludes when he says, in his blundering 
 way, that the first class expended one talent on the 
 public account ; the second, 30 minas ; the third, 10 
 minas ; and the thetes, nothing. In order to 
 settle in what class a man should be entered on 
 the register {aTro'ypa(pri), he returned a valuation 
 of his property, subject, perhaps, to the check of 
 a counter-valuation ( t/TroTi'jurjo-is). The valua- 
 tion was made very frequently ; in some stiites 
 every year ; in others, every two or four years. 
 (Aristol. Pol. v. 8.) The censors, who kept the 
 register at Athens, were probably at first the nau- 
 crari, but afterwards the demarchs performed the 
 office of censor. Although this institution of Solon's 
 seems particularly calculated for the imposition of 
 the property-tax (ciVcpoea), Thucydidcs (iii. 19), 
 speaking of the year 428 B. c, says, that it was 
 then that the Athenians first raised a property- 
 tax of 200 talents. It seems, however, that the 
 amount of the tax constituted its singularity ; for 
 certainly property-taxes were common not only in 
 Athens.but in the rest of Greece,before thePelopon- 
 nesian war(Thucyd. i.l41), and Antipho expressly 
 says that he contributed to many of them. {Tetral. 
 
 i. ;8. 12 ; see Tittmann, DarstcU d. Griech. Stuats- 
 rerf.-p. 41.) In the archonship of Nausinicus(01ym. 
 100. 3 ; B. c. 378) a new valuation of property took 
 place, and classes [ffvixf^ogiai) were introduced ex- 
 pressly for the property-taxes. The nature of these 
 classes, our knowledge of which principally depends 
 on a note of Ulpian (Ad Demosth. Ohjnth. ii. p. 
 33 e), is involved in considerable obscmnty. (See 
 the discussion in Bockh's Puhlic Economy of Athens, 
 
 ii. p. 285 — 307.) Thus much, however, may be 
 stated, that they consisted of 1200 individuals, 120 
 
 from each of ^e ten tribes, who, by way of a sor 
 of liturgy, advanced the money for others liable t( 
 the tax, and got it from them by the ordinary lega 
 processes. In a similar manner classes were sub- 
 sequently formed for the discharge of another am 
 more serious liturgy, the trierarchy ; and the strategi 
 who nominated the trierarchs, had also to form th( 
 symmoriae for the property-taxes. (Demosth. Ao 
 Boeot. p. 997. 1.) What we have here said of thf 
 census at Athens renders it unnecessary to speak o 
 the similar registrations in other states of Greece 
 \\'hen the constitution essentially depended on thif 
 distribution according to property, it was called £ 
 timocracy, or aristocracy of property (riixoKparla. 
 OTTO Tififtjxarwv iroKnfia). 
 
 II. The Census at Rome took place ever}' fivi 
 years, and was attended by a general purification, 
 whence this period of time got the name of a lus- 
 trum. The census was performed in the Campus, 
 where the censors sat in their curule chairs, and 
 cited the people to appear before them, and give an 
 account of their property. When the census was 
 finished, one of the censors offered an expiatorj 
 sacrifice [Instrum condidit) of swine, sheep, and 
 bullocks (hence called suoiviaiirilia), by which tin 
 city was supposed to be purified. The census ori- 
 ginated, like that of Athens, in a distribution o! 
 the citizens into classes at the comitia centuriata. 
 which distribution is attributed to Servius TuUius, 
 [CoMiTiuiM.] But this old constitution was nevei 
 completely established, was very soon overthrown, 
 and only gradually and partially restored. There 
 was a considerable difference between the modes oi 
 valuation at Rome and Athens. In the latter city, 
 as we have seen, the whole property was valued: 
 but the taxable capital seldom amounted to more 
 than a part of it, being always much smaller in tht 
 case of the poorer classes. Whereas at Rome onlj 
 res mancipi were taken into the account, estates in 
 the public domains not being returned to the censorf 
 (Niebuhr, Hist. Rom. i. p. 446), and some sorts ol 
 property were rated at many times their value : 
 nor was any favour shown to the poorer classes 
 when their property, however small, came within 
 the limits of taxation. The numbers of persons in- 
 cluded in the censuses which have come down to us. 
 comprehend not only the Roman citizens, but also 
 all the persons connected with Rome in the rela- 
 tion of isopolity ; they refer, however, only to 
 those of man's estate, or able to bear arms. (See 
 Niebuhr, Hist. Rom. ii.p. 76.) [J. W. D.] 
 
 CENTU'IMVIRI. The origin, constitution, and 
 powers of the court of centum\'iri are exceedingly 
 obscm'e, and it seems almost impossible to combine 
 and reconcile the various passages of Roman 
 writers, so as to present a satisfactory view of this 
 subject. The essay of HoUweg, Ueber die Com- 
 penlenz des Centumviralgerichts {Zcitschrift, &c., T- 
 358), and the essay of Tigerstrom, De .Judicihu^ 
 apud Romanos, contain all the authorities on thii- 
 matter ; but these two essays by no means agree in 
 all their conclusions. 
 
 The centumviri were judices, who resembled 
 other judices in this respect, that they decided 
 cases under the authority of a magistratus ; but 
 they differed from other judices in being a definite 
 body or collegium. Tliis collegium seems to have 
 been divided into four parts, each of which some- 
 times sat by itself. The origin of the court is un- 
 known ; but it is certainly prior to the Lex Aehutia, 
 which put an end to the legis actiones, except in 
 
CENTUMVIRI. 
 
 CENTURIO. 
 
 213 
 
 le matter of Danuium Infectum, and in the 
 msae centumvirales. (Gains, iv. 31 ; Gell. xvi 
 0.) According to Festus (s. Chitiimviralia J/uli- 
 '.(), three were chosen out of each tribe, and con- 
 (liieutly the whole number out of the 35 tribes 
 , ould he 1 05, who, in round numbers, were called 
 le luindred men ; and as there were not 35 tribes 
 ill "241 B. c, it has been sometimes inferred that 
 > tliis time we must assign the origin of the cen- 
 iiinviri. But, as it has been remarked by Holi- 
 er, we cannot altogether rely on the authority of 
 ' | ^tus, and the conclusion so drawn from his state- 
 nut is by no means necessary. If the centumviri 
 ■rre chosen from the tribes, this seems a strong 
 n'sumption in favour of the high antiquity of the 
 iin't. 
 
 The proceedings in this court, in civil matters, 
 , iTe per legis actionem, and by the sacramentum. 
 'he ])rocess here, as in the other judicia privata,con- 
 isted of two parts, i/ijun; or before the praetor, 
 md in judiciu, or before the centumviri. The 
 raetor, however, did not instruct the centumviri 
 y the formula, as in other cases, which is further 
 xplained by the fact that the praetor presided in 
 lie judicia centumviralia. (Plin. Ep. v. 21.) 
 
 It seems pretty clear that the powers of the cen- 
 uraviri were limited to Rome, or at any rate to 
 taly. Holhveg maintains that their [lowers were 
 ilso confined to civil matters, but it is impossible 
 •> reconcile this opinion with some passages (Ovid, 
 ''rid. ii. 91 ; Phaedr. lu. x. 35, &c.), from which 
 t appears that crimina came under their cogni- 
 ■iance. The substitution of atit fur ut in the passage 
 :f Quintilian {Inst. iv. I. 57), even if supported by 
 >;ood MSS. as Hollweg affirms, can hardly be de- 
 luded. 
 
 The civil matters which came under the cogni- 
 ance of this court are not completely asertained. 
 Jany of them (though we have no reason for say- 
 ng all of them) are enumerated by Cicero in a 
 veil-known passage {DeOrat. '\.'ii\). Hollweg men- 
 ions that certain matters only came under their 
 ■ognizance, and that other matters were not within 
 heir cognizance ; and further, that such matters as 
 vere witliin their cognizance, were also witliin the 
 I'ognizance of a single judex. Hollweg maintains 
 hat actiones in rem or vindicationes of the old 
 ivil law (with the exception, however, of actiones 
 iraejudiciales or status quaestiones) could alone be 
 jrought before the centumviri ; and tliat neither a 
 ijersonal action, one arising from contract or delict, 
 |ior a status quaestio, is ever mentioned as a causa 
 •entumviralis. It was the practice to set up a 
 ipear in the place where the centumviri were sit- 
 ing, and accordingly the word hasta, or hasta cen- 
 ;umviralis, is sometimes used as equivalent to the 
 ivords judicium centumvirale (Suet. Aiuj. 36; 
 ^Juint. Insl. Oral. v. 2. § I). The spear was a 
 !}Tiibol of quiritarian ownership: for "a man was 
 ;onsidered to have the best title to that which he 
 iook in war, and accordingly a spear is set up in 
 die centumviralia judicia." (Gains, iv. 10'.) Such 
 was the explanation of the Roman jurists of the 
 'rigin of an ancient custom, from which it is argued, 
 it may at least be inferred, that the centumviri 
 had properly to decide matters relating to quiri- 
 tarian ownership, and questions connected there- 
 with. 
 
 It has been already said that the matters which 
 belonged to the cognizance of the centumviri might 
 also be brought before a judex ; but it is conjec- 
 
 tured by Hollweg that this was not the case till 
 after tlie passing of the Aebutia Lex. He considers 
 that the court of the centumviri was established in 
 early times, for the special purpose of deciding 
 questions of quiritarian ownership; and the import- 
 ance of such questions is apparent, when we con- 
 sider that the Roman citizens were rated accord- 
 ing to tlieir ()uii-itarian property, that on their ra- 
 ting depended their class and century, and conse- 
 quently their share of power in the public assem- 
 blies. No private judex could decide on a right 
 which might thus indirectly atfect the caput of a 
 Roman citizen, but only a tribunal elected out of 
 all the tribes. Consistently with this hypothesis 
 we find not only the rei vindicatio within the 
 jurisdiction of the centumviri, but also the heredita- 
 tis petitio and actio confessoria. Hollweg is of 
 opinion that, with the Aebutia Lex a new epoch in 
 tlie history of the centumviri commences ; the legis 
 actiones were abolished, and the formula [Actio] 
 was introduced, excepting, however, as to the 
 caimm cenfiinwiraks. (Gains, iv. 30, 31 ; Gell. 
 xvi. 10.) The formula is in its nature adapted only 
 to personal actions, but it appears that it was also 
 adapted by a legal device to vindicationes ; and 
 Hollweg attributes this to the Aebutia Lex, by 
 which he considers that the twofold process was 
 introduced: — 1. per legis actionem apud centum- 
 viros ; 2. per formulam or per sponsionem before a 
 judex. Thus two modes of procedure in the case 
 of actiones in rem were established, and such 
 actions were no longer exclusively within the juris- 
 diction of the centumviri. 
 
 Under Augustus, according to Hollweg, the 
 functions of the centumviri were so far modified 
 that the more important vindicationes were put 
 under the cognizance of the centumviri, and the 
 less important were detennined per sponsionem and 
 before a judex. Under this emperor the court also 
 resumed its former dignity and importance. {Dial, 
 de Cans. Corrupt. EUiCj. c. 38.) 
 
 The younger Pliny, who practised in this court 
 {Ep. ii. 14), makes frequent allusions to it in his 
 letters. 
 
 The foregoing notice is founded on HoUweg's in- 
 genious essay ; his opinions on some points, how- 
 ever, are hardly established by authorities. Those 
 who desire to investigate this exceedingly obscure 
 matter may compare the two essays cited at the 
 head of this article. [G. L.] 
 
 CENTU'RIA. [Centurio; Comitium.] 
 
 CENTU'RIO, the commander of a company of 
 infantry, varying in number with the legion. If 
 Festus may be trusted, the earlier form was centu- 
 riuniis, like dccurio, dc'curioniis. Quintilian (i. 5. 
 20) tells us that the form c/icidiirio was found on 
 ancient inscriptions, even in his own times. 
 
 The century was a military division, correspond- 
 ing to the civil one curict ; the centurio of the one 
 answered to the curio of the other. From analogy 
 we are led to conclude that the century originally 
 consisted of thirty men, and Niebuhr thinks that 
 the influence of this favoured number may be 
 traced in the ancient array of the Roman anny. 
 In later times the legion (not including the velitcs) 
 was composed of thirty maniples or sixty centuries 
 (Tacit. Ann. i. 32) : as its strength varied from 
 about three to six thousand, the numbers of a cen- 
 tury would vary in proportion from about fifty to a 
 hundred. 
 
 The duties of the centurion were chiefly confined 
 
214 
 
 CENTURIO. 
 
 to the regulation of his own corps, and the care of 
 the watch. (Tacit. A7m. xv. 30.) He had tlie 
 power of granting racationes nmniyum, remission of 
 service to the private soldiers, for a sum of money. 
 The exactions on this plea were one cause of the 
 sedition in the army of Blaesus, mentioned by 
 Tacitus (Ann. i. 17). The vifis was the badge of 
 office with which the centurion punished his men. 
 ( Juv. .S'((^. viii. 247 ; Plin. xiv. 1 .) The short tunic, 
 as Quintilian (xi. 1 3!)) seems to imply, was another 
 mark of distinction : he was also known by letters 
 on the crest of the iielmet. (V^eget. ii. 13.) The 
 following woodcut, taken from a bas-relief at Rome, 
 represents a centurio with the vitis in one of his 
 hands. 
 
 The centurions were usually elected by the 
 military tribunes (Liv. xlii. 34), subject probably to 
 the confirmation of the consul. There was a time, 
 according to Polybius (vi. 24), when desert was the 
 only path to military rank ; but, under the emper- 
 ors, centurionships were given away almost entire- 
 ly by interest or personal friendship. The father 
 in Juvenal (^Sat. xiv. 193) awakes his son with, 
 Vitem posce Uhelln, " petition for the rank of cen- 
 turion;" and Pliny {Ephi. vi. 25) tells us that he 
 had made a similar request for a friend of his own. 
 Hide ego orditics impctraveram. (Compare Vegetius, 
 ii. 3.) Dio Cassius (lii. p. 481. c), when he makes 
 Maecenas advise Augustus to fill up the senate, 
 6/c tQv dir' dpx'?^ txaTovTa^JXiJiraj'Taif, seems to 
 imply that some were appointed to this rank at 
 once, without previously serving in a lower ca- 
 pacity. 
 
 Polybius, in the fragments of the 6th book, has 
 left an accurate account of the election of centu- 
 rions. " From each of the divisions of the legion," 
 i. e. hastati, principes, triarii, " they elect ten men 
 in order of merit to command in their own division. 
 After this, a second election of a like number 
 takes place, in all sixty, who are called centurions 
 (To|i'apx<", i- e- ordinum duetores). The centu- 
 rions of the first election usually command the 
 right of the maniple ; but if either of the two is 
 absent, the whole command of the maniple devolves 
 on the other. All of them elect their own 
 (optionee), and two standard-bearers for each 
 maniple. (See Liv. viii. 8.) He who is chosen 
 first of all is admitted to the councils of the general 
 (/)r!;«(/n7ws)." 
 
 From the above passage (which is abridged in 
 the translation), it appears that the centurion was 
 first chosen from his own division. He might, in- 
 
 CEREVISIA. I 
 
 deed, rise from commanding the left of the manipl.' 
 to command the right, or to a higher maniple, anc 
 so on, from cohort to cohort, until the first centurioi 
 o{ the princifjes hecaxae primipU us (Veget. ii. c. 8) 
 but it was only extraordinary service which coulc 
 raise him at once to the higher rank. Thus Livj 
 (xlii. 34), Hie me hnperator di(]mimjudicavit,cu 
 primarn hastatum prioris eenturiae asskpiaret, i. e 
 
 appointed me to be first centurion (sc. of th 
 rUjht ccntuni) in the first maniple of hastates. 
 
 The optioncs, according to Festus, were originallj 
 called acecnsi : they were the lieutenants of the 
 centurion (probably the same with the sue- 
 ecnturiones of Livy); and, according to Vegetius (ii 
 7), his deputies during illness or absence. Festus 
 confirms the account of Polybius, that the optiones 
 were appointed by their centurions, and says thai 
 the name was given them ex quo tempore quern 
 veilnt permissum est Ci'nturionibus optare. 
 
 The primipilus was the first centmion of the firsl 
 maniple of the triarii, also called " princeps cen- 
 turionum," primi pili centurio (Liv. ii. 27). He 
 was intrusted with the care of the eagle (Juv. xiv. 
 197), and had the right of attending the councils 
 of the general. 
 " Ut locupletem aquilam tibi sexagesimus annus 
 Afferat," 
 
 says Juvenal hyperbolically (for military service 
 expired with the fiftieth year), intimating that the 
 rewards were large for those who could wait for 
 promotion. The jtrimipili who were honourably 
 discharged, were called priinipilares. 
 
 The pay of the centurion was double that of an 
 ordinary soldier. Li the time of Polybius (Polyb. 
 vi. 37) the latter was about ten denarii, or seven 
 shillings and a penny per month, besides food and 
 clothing. Under Domitian we find it increased 
 above tenfold. Caligula cut down the pensions of 
 retired centurions to six thousand sesterces, or 45/. 
 17s. 6rf., probably about one half. (Suet. Calig. 
 44.) [B. J.] 
 
 CEREA'LIA. Tins name was given to a festi- 
 val celebrated at Rome in honour of Ceres, whose 
 wanderings in search of her lost daughter Proserpine 
 were represented by women, clothed in white, 
 running about with lighted torches. (Ovid. Fast. 
 iv. 494.) During its continuance, games were 
 celebrated in the Circus Maximus (Tacit, ^bk. xv. 
 53), the spectators of which appeared in white 
 (Ovid. Fast. iv.620) ; but on any occasion of public 
 mourning the games and festival were not celebrated 
 at all, as the matrons could not appear at them except 
 in white. (Liv. xxii. 50' ; xxxiv. (i.) The day of 
 the Cerealia is doubtful ; some think it was the 
 ides or 13th of April, others the 7th of the same 
 month. (Ovid. Fast. iv. 389.) [R. W— N.] 
 
 CEREVI'SIA, CERVI'SL\ (fu0os)> f^'^ or 
 beer, was almost or altogether unknown to the 
 ancient, as it is to the modem inhabitants of 
 Cireece and Italy. But it was used ver}^ generally 
 by the surrounding nations, whose soil and climate 
 were less favourable to the growth of vines {in 
 Gallia, aliisqne provinciis, Plin. //. N. xxii. 82 ; 
 Theophrast. De Causis Plant, vi. 11; Diod. Sic. 
 iv. 2 ; V. 26 ; Strab. ,xvn. ii. 5 ; Tacit. Germ. 23.) 
 According to Herodotus (ii. 77), the Egyptians 
 commonly drank " barley-wine," to which custom 
 Aeschylus alludes (Ik KpSiov p.i6v, Suppl. 954; 
 Pelusiaci pocida ziithi, Colum. x. 116). Diodonis 
 Siculus (i. 20. 34) says, that the Egyptian beer 
 was nearly equal to wine in strength and flavour. 
 
CERUCHI. 
 
 CESTUS. 
 
 21.5 
 
 riie Iberians, the Thracians, and the people in the 
 north of Asia Minor, instead of drinking their ale 
 ir beer out of cups, placed it before them in a largo 
 liuwl or vase (KpoTTjp), which was sometimes of 
 i^iild or silver. This being fidl to the brim with 
 I he grains, as well as the fermented li(]uor, the 
 auests, when thej' pledged one another, drank to- 
 <;ethcr out of the same bowl by stooping down to 
 it, although, when this token of friendship was 
 not intended, they adopted the more refined method 
 of sucking up the fluid through tubes of cane. 
 (Archil. Fray. p. 67. ed. Liebel ; Xen. Atmh. 
 '\\\ §5. 26; Athenaeus, i. 28; Virg. (^eon/. iii. 
 iiriO; Servius, ad loc.) The Suevi, and other 
 iinrtliern nations, offered to their gods libations of 
 lii er, and expected that to drink it in tlie presence 
 (if Odin would be among the delights of Valhalla. 
 (Koysler, Atilii/. Septent. p. 150 — 156.) BpvTov, 
 one of the names for beer (Archil. /. c. ; Hellanicus, 
 1 1. 91. ed. Sturtz ; Athenaeus, x. 67), seems to be 
 an ancient passive participle, from the verb to 
 brew. [J. Y.] 
 
 CE'RNERE HEREDITA'TEM. [Here.s.] 
 
 CERO'MA (/ciipw/uo) was the oil mixed with 
 wax {K-i)p6s) with which wrestlers were anointed. 
 After they had been anointed with this oil, they 
 were covered with dust or a soft sand ; whence 
 'Seneca (£/>• 57) says — A ceroiiiaie nos huphe 
 (tJi^wf) cJTi'pit in cri/pta Neupolitana. 
 f Ceroma also signified tiie place where wrestler.s 
 ( were anointed (the c/aeot/iesium, Vitruv. v. 11), and 
 also, in later times, the place where they wrestled, 
 j This word is often used in connection with 
 palaestra (Plin. II. N. xxxv. 2), but we do not 
 know in what respect these places differed. Seneca 
 {De Brev. Vit. 12) speaks of the ceroma as a 
 place which the idle were accustomed to frequent, 
 in order to see the gjinnastic sports of boys (qui 
 \ in ceromate spectator puerorum rimntium scdut). 
 ' Amobius (^Adv. Gent. iii. 2.3) informs us that the 
 ceroma was under the protection of Mercury. 
 
 CERTA'MINA. [Athletae.] 
 
 CERTI, INCERTI ACTIO, is a name which 
 has been given by some modern writers, perhaps 
 : without good reason, to those actions in which a 
 ' determinate or indetenninate sum, as the case may 
 be, is mentioned in the fonnula (condeinnatio certae 
 pecuniae vcl iiicertae, Gaius, iv. 49, &c.) [G. L.] 
 
 KHPrKEION. [Caduceus.] 
 
 CERU'CIII (KepoOxoi)? the ropes which sup- 
 ported the yard of a ship, passing from it to the 
 top of the mast. The woodcut, p. 52, shows a 
 vessel with two cerachi. In other ancient 
 nionmnents we see four, as in the annexed wood- 
 
 cut, taken from one of the pictures in tlie MS. 
 of Virgil, wliicli was given by Fulvius Ursinus 
 to the Vatican .library. [Antenna; Carche- 
 SIUM.] [J. Y.l 
 
 KH'PTH. [Caduceii.s ; Fktialis.] 
 CE'SSIO BONO'RUM. [Bonoiium Cessio.] 
 CE'SSIO IN JURE. [In Jure Cessio.] 
 CESTIUS PONS. [Bridge, p. 162.] 
 CESTRUM. [PiCTURA.] 
 CESTUS was used in two significations : — 
 I. Cbstus signified the thongs or bands of 
 leatlier, which were tied round the hands of boxers, 
 in order to render tlieir blows more powerful. 
 These bands of leatlier, which were called I'^uafTer, 
 or i'/iayT6s wktiko'i, in Greek, were also frequently 
 tied round tlu: ann as high as the elbow, as is 
 shown in the following statue of a boxer, the 
 original of which is in the Louvre at Paris. (See 
 Chirac, Musee d. Sculpt. Ant. ct Mud. vol. iii. pi. 
 327. n. 2042.) 
 
 The cestus was used by boxers from the earliest 
 times. When Epeius and Euryalus, in the Iliad 
 (xxiii. 684), prepare themselves for boxing, they 
 put on their hands thongs made of ox-hide {lixav- 
 Tas €urjii7)Tous 0o6s dypavKoio) ; but it should be 
 recollected, that the cestus in heroic times appear.s 
 to have consisted merely of thongs of leather, and 
 differed materially from the frightful weapons, 
 loaded with lead and iron, which were used in 
 later times. The different kinds of cestus were 
 called by the Greeks in later times ,uei\i'xox, 
 (TTVfipai ^06101, a-<paipai,- and ixvpix-qK^s : of which 
 the /ieiAixoi gave the softest blows, and the 
 fivp/j-riKfs the most severe. The ixet\ixai, which 
 were the most ancient, are described by Pausanius 
 (viii. 40. § 3) as made of raw ox-hide cut into 
 thin pieces, and joined in an ancient manner; they 
 were tied under the hoUow or palm of the hand, 
 leaving the fingers uncovered. The athletae in 
 the palaestrae at Olympia used the /ieiAi'xai in 
 practising for the public games {iiJ-avrav rav 
 HaKaKonepuv, Paus. vi. 23. § 3) ; but in the games 
 themselves, they used those which gave the 
 severest blows. 
 
216 
 
 CETRA. 
 
 CHALCIDICUM. 
 
 The cestus, used in later times in the public 
 games, was, as has been already remarked, a most 
 formidable weapon. It was frequently covered 
 with knots and nails, and loaded with lead and 
 iron ; whence Virgil (_Aen. v. 405), in speaking of 
 it, says, 
 
 " Ingentia septem 
 Terga bourn plumbo insuto ferroque rigebant." 
 
 Statins (TM). vi. 732) also speaks of nigraniia 
 plumbo iccimina. Such weapons in the hands of a 
 trained boxer, must have frequentlj' occasioned 
 death. The ixvpfiiiKes were, in fact, sometimes 
 called yvioTopoi, or " limb-breakers." Lucillius 
 {Anth. xi. 78. vol. ii. p. 344. ed. Jac.) speaks of 
 a boxer whose head had been so battered by the 
 fjuipfiriKes as to resemble a sieve. 
 
 Figures with the cestus frequently occur in 
 ancient monuments. They appear to have been 
 of various forms, as appears by the following speci- 
 mens, taken fi'om ancient monuments, of which 
 dr!i wings are given by Fabretti (Z>e Column. Traj. 
 p. 261.) 
 
 country, and as early as the ninth century 
 (Cod. Cotton. Cleop. c. 8.) 
 
 II. Cestus also signified a band or tie of any 
 kind (Varro, Dc He Bust. i. 8); but the term was 
 more particularly applied to the zone or girdle of 
 Venus, on which was represented every thing that 
 could awaken love. (11. xiv. 214 ; Val. Flacc. vi. 
 470.) When Juno wished to win the affections 
 of Jupiter, she borrowed this cestus from Venus 
 (//. I. c.) ; and Venus herself employed it to cap- 
 tivate Mars. (Mart. vi. 13; xiv. 206, 20/.) 
 
 Tlie Scholiast on Statius (T/icb. ii. 283 ; v. 63), 
 says, that the cestus was also the name of the 
 marriage-girdle, which was given by the newly 
 married wife to her husband ; whence unlawful 
 marriages were called uicestae. This statement is 
 confirmed by an inscription quoted by Pitiscus (s. 
 Cest.), in which a matrona dedicates her cestus to 
 Venus. 
 
 CETRA, or CAETRA {Kalrpea, Ilesych.), a 
 target, i. e. a small round shield, made of the hide 
 of a quadruped. (Isid. Oi-it/. xviii. 12 ; Q. Curtius, 
 iii. 4 ; \'arro, up. Nonium.) It formed part of 
 the defensive armour of the Osci. ( Virg. Ac7i. vii. 
 732 ; AcLis.] It was also worn by the people of 
 Spain and Mauritania. (Isid. I. c. ; Servius, in 
 Virff. I.e. ; Caes. Bell. Civ. i. 39.) By the latter 
 people it was sometimes made from the skin of the 
 elephant. (Strab. xvii. 3. 7.) From these accounts, 
 and from the distinct assertion of Tacitus {Ayric. 
 36) that it was used by the IJritons, we may with 
 confidence identif}' the cetra with the target of the 
 Scottish Highlanders, of which many specimens of 
 considerable antiquity are still in existence. It is 
 seen "covering the left anns" (Virgil, /. c) of the 
 two accompanying figures, which are copied from 
 a MS. of Prudentius, probably written in this 
 
 It does not appear that the Romans ever wore 
 the cetra. But Livy compares it to the pelta oi 
 the Greeks and Macedonians, which was also a 
 small light shield (cetratos, quos peltastas vocanl. 
 xxxi. 36). [J. Y.] 
 
 XAAKErA, a very ancient festival celebrated at 
 Athens, which at different times seems to have had 
 a different character, for at first it was solemnised 
 in honour of Athena, surnanied Ergane, and by the 
 whole people of Athens, whence it was called 
 'AdTji/aia or riaj/Srj/xos. (Suidas, s. v. ; Eti/iiiol. 
 Mu!in.; Eustath. ad II. ii. p. 284. 36.) At a 
 later period, however, it was celebrated only by 
 artisans, especially smiths, and in honour of He- 
 ' phaestus, whence its name was changed into XaAKcto. 
 (Pollux, vii. 105.) It was held on the 30th day ot 
 the month of Pyanepsion. (Suidas, Harpocrat. 
 Eustath. /. c.) Menander had written a comedy 
 called XaXKua, a fragment of which is preserved 
 in Athcn. xi. p. 502. [L. S.] 
 
 CHALCI'UICUM. A variety of meanings 
 have been attached to this word, which is not of 
 unfrequent occurrence in inscriptions and in the 
 Greek and Latin writers. ( Inscrip. «/). O-rut. p. 
 232; ap. Miiraton. p. 469. 480 ; Dion Cass. li. 
 22; Ilygin. Fah. 184; Auson. Periocli. OJyss. 
 xxiii. ; Amob. Advcrs. Gent. iii. p. 105. 149 ; 
 Vitruv. V. i. ed. Bipont. ; Festus, s. v.) 
 
 The meagre epitome of Festus informs us 
 merely that it was a sort of edifice (ijeniis acdificii), 
 so called from the city of Chalcis, but what sort is 
 not explained ; neither do the inscriptions or pas- 
 sages cited above give any description from wliich 
 a conclusion respecting the form, use, and locahty 
 of such buildings can be positively affinned. 
 
 Chalcidica were certainly appurtenances to some 
 haniliate {Wtraw I. e.), in reference to which the 
 following attempts at identification have been 
 suggested: — 1. A mint attached to the basilica, 
 from xa^Kos and SiVr;, which, though an ingenious 
 conjecture, is not supported by sufficient classical 
 authority. 2. That part of a basilica which lies 
 across the front of the tribune, corresponding to 
 the nave in a modem church, of which it was the 
 original, where the law3-ers stood, and thence 
 temied naris cuuhidica. (Barbar. and Philand. ad 
 Vitruv. I. c. ; Donat. Dc ITib. Rom. iv. 2.) 3. An 
 apartment thrown out at the back of a basilica, 
 cither on the ground floor or at the extremity of the 
 
CHEIRONOMIA. 
 
 'ipper gallery, in the form of a balcony. (Galiano 
 ,iul Stratico, iLkl. ) 4. Internal chambers on each 
 i Ir of the tribune for the convenience of the 
 'Jircs, as in the basilica of Pompeii. (Basilica, 
 ) 131; Manim-z. £>elle Case di" lioimmi ; Rhode, 
 
 ,«i Vitruv. I. c.) 5. The vestibule of a basilica, 
 ^ither in front or rear ; which interpretation is 
 bunded upon an inscription discovered at Pompeii, 
 n the building appropriated to the fullers of cloth 
 fullcmim): — 
 
 EuMACHiA. L. F. Sacerd. Pub. * * * * 
 ****** Chalcidicum. Cryi'tam Porticus 
 
 ***SUA.PEIiUNIA. fecit. EADEMQUE. DEDICAVIT. 
 
 By comparing the plan of the building with this 
 iiM-ription, it is clear that the chalcidicum men- 
 inned can only be referred to the vestibule. Its 
 1 prorations likewise correspond in richness and 
 li aacter with the vestibule of a basilica described 
 ,jy Procopius {Dc Acdific. Justin, i. 10), which is 
 itwice designated by the term xaAic^. (Bechi, Del 
 \Cah-idko e dMa Crypta di Euiiuwhia ; Marini, 
 ■id Vilnm. v. 2.) The vestibide of the basilica at 
 iPompeii is shown upon the plan on page 131. 
 
 In another sense the word is used as a synonyme 
 vi ilh cocnacidum. " Scribuntur Dii vestri in 
 .tricliniis coelestibus at(iue in chalcidicis aureis 
 coenitare" (Arnobius, p. 1 49). These words, com- 
 ;jpared with Horn. Od. xxiii. 1, ^ 
 
 |and the translation of uTrcp^ov by Ausonius 
 IPerwch. xiii. Udyss.), _ 
 \ " Clialcidiaim gressu nutrix superabat anili,'' 
 ^together with the known locality of the ancient 
 wemcida, seem fully to authorise the intei-preta- 
 (tion given. (Tui-neb. Adeem, xviii. 34 ; Salinas, 
 (in Sparl. Peseen Niyr. c. 12. p. 677.) 
 J Finally, the word seems also to have been used 
 tin the same sense as maeniaimm, a balcony. (Isid. 
 SDe Oriy. ; Reinesius, Var. Led. ill. 5.) [A.R.] 
 
 XAAKIOI'KIA, an annual festival, with sacri- 
 fices, held at Sparfci in honour of Athena, surnamed 
 XaKKWiKos, i. e. the goddess of the lirazen-house. 
 ;(Paus. iii. 17. § 3. scqu. ; x. 5. § 5 ; and UoeUer ad 
 ■Jhwcyd. i. 12ii.) Young men marched on the oc- 
 icasion in full armour to the temple of the god- 
 idess; and the cphors, although not entering the 
 temple, but remaining within its sacred precincts, 
 [were obliged to Uike part in the sacritice. (Polyb. 
 iv. 35. § 2.) [L. S.] 
 
 XAAKOrs. [Aes.] 
 
 CHARIS'TIA. The charistia (from xap'foM<") 
 ,to grant a favour or pardon) was a solemn feast, to 
 which none but relations and members of the same 
 .family were invited, in order that any quarrel or 
 disagreement which had arisen amongst them 
 might be made up, and a reconciliation etfected. 
 (Valer. Max. ii. 1. § 8 ; Mart. ix. 55.) The day 
 of celebration was the viii. Cal. Mart., or the 19th 
 of February, and is thus spoken of by Ovid {Fast. 
 li. (il7),— 
 
 1 " Proxima cognati dixere charistia cari, 
 
 IEt venit ad socias turba propinqua dapes." 
 [R. W— N.] 
 CHEIRONO'MIA ( xeiporo/iia ), a mimetic 
 movement of the hands, which formed a part of 
 the art of dancing among the Greeks and Romans. 
 The word is also used in a wider sense, both tor 
 tlie art of dancing in general, and for any signs made 
 with the hands in order to convey ideas. In 
 gvmnastics it was applied to a certain kind of 
 pugilistic combat. (Athen. xiv. 27. p. t)29. b. ; 
 
 XHMH'. 217 
 
 Hesych. ii. p. 1547. Alb.; Aelian. V. H. xiv. 22 ; 
 Dion Cass, xxxvi. 13 ; Paus. vi. 10. g 1.) [P. S.] 
 XEIPOTONErN, XEIPOTONI'A. In the 
 
 Athenian assemblies two modes of voting were 
 practised, the one by pebbles [^'H^l'ZESeAI], the 
 other by a show of hands (j(tifo-Tovi1v^. The 
 latter was employed in the election of those magis- 
 strates who were chosen in the public assemblies 
 ['APXAIPE2I'AI], and who were hence called 
 XcpoTovriToi, in voting upon laws, and in some 
 kinds of trials on matters which concerned the 
 people, as upon irpoSoKai and ^laayyiKlai. We 
 frequently find, however, the word ^ri(pi^€aQai 
 used where the votes were really given by show of 
 hands. (See Lysias c. Eratosth. p. 124. 10'. and p. 
 127. 8. ed. Steph ; Deniosth. Olyidh. i. p. 9.) 
 
 The manner of voting by a show of hands is 
 said by Suidas (s. Karex^tpoTivqafv) to have been 
 as follows : — The herald said ; " Whoever thinks 
 that Midias is guilty, let him lift up his hand." 
 Then those who thought so stretched forth their 
 hands. Then the herald said again : " Whoever 
 thinks that Midias is not guilty, let him lift up his 
 hand ;" and those who were of this opinion stretch- 
 ed forth tlieir hands. The number of hands was 
 counted each time by the herald; and the presi- 
 dent, upon the herald's report, declared on which 
 side the majority voted {avayopev^tp tos x^'P^to- 
 vias, Aesch. c. (Jlesiplu § 2). 
 
 It is important to understand clearly the com- 
 pounds of this word. A vote condemning an ac- 
 cused person is Karax^^poTovla : one acquitting 
 him, d7roxeipo'''o;'i'a (Demosth. c. Midias, p. 516. 
 553. 583) ; iirix^ipoToveTy is to confinn by a ma- 
 jority of votes (Demosth. De Curun. p. 235. 261 ) ; 
 iirix^ipoTovia tcuc vojiuv was a revision of the 
 laws, which took place at the beginning of every 
 year ; eirix^ipoTocia Ttiv dpx<uv was a vote taken 
 in the lirst assembly of each Prytania on the con- 
 duct of the magistrates : in these cases, those who 
 voted for the confirmation of the law, or for the 
 contiiuuance in office of the magistrate, were said 
 iinx^ipoTOveii', those on the other side aTrox^ipoTO- 
 v(ii/ (Demosth. e. Timocr. p. 706 ; llai'pocrat. 
 and Suidas Kvpia e/fKArjo-i'o: Deniosth. cT/ieucrin. 
 p. 1330); SiaxeipoTovia is a vote for one of two 
 alternatives (Demosth. c. Androtinn. p. 596 ; c. 
 Timocr. p. 707 ; c. A'eacr. p. 134()): dvTix^igoTo- 
 vtlv, to vote against a proposition. The com- 
 pounds of Jprjipt^fa-dai have similar meanings. 
 (Schomann, /><■ Coiniliis Atlieniensium, p. 120. 
 125. 231. 251. 330.) [P. S.] 
 
 XEIPOTONHTOI'. ['APXAIPESI'AI.J 
 XEAIAO'NIA, a custom observed in the island of 
 Rhodus, in the month of Boedromion, the time 
 when the swallows returned. During that season 
 boys, called xf^iS">''C'''oi', went from house to house 
 collecting little gifts, ostensil)ly for the returning 
 swallows (xf^iSon'^eii/), and singing a song which 
 is still extant. (iVthen. viii. p .360 ; compare Ilgen. 
 Opiisc. Phi/, i. p. 164, and Eustath. ad Udyss. xxii. 
 suh Jin.) It is said to have been introduced by 
 Cleobulus of Lindus, at some period when the 
 town was in great distress. The chelidonia, which 
 have sometimes been called a festival, seem to have 
 been nothing but a peculiar mode of begging, which 
 on the occasion of the return of the swallows was' 
 carried on by boys in the manner stated above. 
 Many analogies may still be observed in various 
 countries at the various seasons of the year. [L.S.] 
 XHMH', a Greek liquid measure, the capacity 
 
218 
 
 XE'PNW. 
 
 CHIRIDOTA. 
 
 of which (as is the case with most of the smaller 
 measures) is differently stated hy different autho- 
 rities. There was a small chome, which contain- 
 ed two cochlearia, or two drachmae, and was the 
 seventy-second part of the cotyle, = '00(38 of a 
 pint English. (Rhem. Fann. v. 77.) The large 
 cheme was to the small in the proportion of 3 to 2. 
 Other sizes of the clieme are mentioned, but they 
 differ so much that we cannot tell with certainty 
 what they really were. (Hussey, Ancient Weights, 
 Money, &c. ; Wurm, De Pond. &c.) [P. S.] 
 
 CHENI'SCUS (x'^'"'o'K<'s) was a name some- 
 times given to the aKpoa-rSKtov of a ship, because 
 it was made in the form of the head and neck of a 
 goose (x'J>')i or other aquatic bird. This ornament 
 was probably adopted as suitable to a vessel which 
 was intended to pursue its course, like such an 
 animal over the surface of the water. {Eti/m. May.) 
 We are infonned that a ship was sometimes named 
 " The Swan " (kvkvos), having a swan carved 
 upon the prow. (Nicostratus, a]>. Atlicn. xi. 48 ; 
 Etipn. Mat), s. Kiikvos.) Though commonly fixed 
 to the prow, the cheniscus sometimes adorned the 
 stem of a ship. It was often gilt. (Lucian, Ver. 
 Hist. 41 ; .Ju]i. Trap. 47.) A cheniscus of bronze 
 is preserved in the Royal Library at Paris. (Mil- 
 lin. Diet, des Beaux Arts.) Not unfrequcntly we 
 find the cheniscus represented in the paintings found 
 at Herculaneum, and on antique gems. Examples 
 are seen in the annexed woodcut, and in that at 
 p. 5-2. [J. Y.] 
 
 Eti/m. Mac), s. AfgTjs : Hesych.) 
 
 *A marble vase containing lustral water was 
 placed at the door of both Greek and Roman 
 temples, which was applied to several puqjoscs. 
 The priest stood at the door with a branch of 
 laurel (Ovid. Fast. v. 679) or olive tree (Virg. 
 Aen. vi. 230) in his hand, which he dipped into 
 the water and sprinkled as a purification over all 
 who entered. Instead of these branches, the Ro- 
 mans used an instrument called asjierijillum for the 
 purpose, the form of which is frequently met with 
 upon medals and bas-reliefs. 
 
 Another Greek rite was performed by the priest 
 taking a burning torch from the altar, which he 
 dipped into the lustral water (xef"">l') and then 
 sprinlded it over the bystanders. (Athen. ix. 7(; ; 
 Eurip. Herc.Fur. 931.) Water wasalso sprinkled 
 over the head of the victim as an initiation to the 
 
 sacrifice ; hence the expression x^P"^^"-^ "^Vf 
 (Soph. Oed. Tyr. 240), " to perform a sacrifice, 
 and x"'''"')'' aiJL<pl criiv x^pi'ii^'O/uai ( Eurip. Taa 
 622.) 
 
 The vessel which the Romans used was of tl 
 kind called lahrum (Liv. xxxvii. 3), resemblii 
 those still employed for a somewhat similar pu 
 pose in the Roman churches, one of which 
 shown in the Laconicum at Pompeii. [Bath 
 p. 141.] 
 
 But the word, as its etymology indicates, is ( 
 a more domestic origin ; and, in reference to tl 
 custom, common to both nations, of washing the 
 hands before meals, is used ,with the same doub 
 meaning above mentioned. (Hom. Od. i. 136 ; 7 
 xxiv. 304; Aesch. Again. 1004; Clioepli. 6SS 
 Athen. ix. 80; and compare Virg. Aeii. i. 701 
 In the first passage cited from Homer, x^P''"!' 
 put for the water itself ; in the second, x^'p'''^' 
 is used fur the vessel which receives it. In hot 
 instances the water is poured out of a jug (irpi 
 Xoos), and the two together correspond with oi 
 term a basin and ewer. [A. R.] 
 
 XHPnSTAl'. [HERE.S.] 
 
 CHIRAMA'XIUM, from x^^P and a'p.afa, 
 sort of easy chair or " go-cart," used for invalic 
 and children. (Pctron. c. 28 ; compare Aureliai 
 Aled. 1. .5 ; ii. 1.) It differed from the sella gesti 
 toria, which answers to our sedan chair,in which th 
 person was carried by his slaves or servants, since , 
 went upon wheels, though moved by men instea 
 of animals. Doubts are entertained whether th 
 small vehicle was drawn or propelled, as it is obsen 
 ed that men di'awfrom the neckand shoulders ( V^irj 
 Aen. ii. 236), and push with their hands, wliic 
 latter method is clearly the one intended by Ami 
 lian (U. cc.) " vehiculo manihm acto.'" [A. R.] 
 
 CHIRIDO'TA(xf'P'SaiT((s,from x^'p'^^,''>"'nicu 
 a tunic with sleeves. The tunic of the Egyptian 
 Greeks, and Romans was originally without sleevt 
 ['EHniVIl'2], or they only came a little way dow 
 the arm. On the other hand, the Asiatic ar 
 Celtic nations wore long sleeves sewed to the 
 tunics, together with trowsers as the clothing i 
 their lower extremities, so that these parts of atth 
 are often mentioned together. (Herod, vii. 61 
 Strabo, xv. 3. 19; TaKaTiKais dva^^vp'iffi k( 
 XfipiVic dvecKevaai^eyos, Plutarch, Olho, 6 ; woo( 
 cuts, pp. 5, 6. 160.) Also the Greeks allowe 
 tunics with sleeves to females (woodcut p. 173 
 although it was considered by the Latins indeci 
 reus, when they were worn by men. (Aul. Gel 
 vii. 12 ; V irg. Aen. ix. 616.) Cicero mentions 
 as a great reproach to Catiline and his associate, 
 that they wore long shirts with sleeves [manical 
 et taluriOus tunicis, Orat. in Cat. ii. 1 0). Caligul; 
 nevertheless, wore sleeves, together with othi 
 feminine ornaments (manuteatus, Sueton, Culiy. 52 
 Sleeves were worn on the stage by tragic actoi 
 (xeipi'Scs, Lucian, Jov. Trag.) ; and they wei 
 used by shepherds and labourers, who had ii 
 upper gannent, as a protection against the sever 
 ties of the weather {jiellibus matiicutis, Coluni. i. i) 
 xi. 1 ; woodcuts, pp. 103. 122). 
 
 All the woodcuts, already referred to, show tli 
 sleeves of the tunic coming down to the wris 
 We now insert from an Etmscan vase the figm 
 of a woman, whose sleeves reach only to the elbov 
 and who wears the capistrtim to assist her in blow 
 ing the tihiax' pares. (Ilarcanville, Ant, Eiriisq. 1. 1 
 p. 113.) [Manica ; Tunica.] [J. Y.] 
 
CHIRURGIA. 
 
 CHIRURGIA. 
 
 219 
 
 CHIRO'GRAPHUM {x^LpSygaipov), meant 
 ]Srst, as its derivation implies, a hand-writing 
 tor autograph. In this its simple sense, x^'V i" 
 (Greek and manus in Latin are often substituted 
 for it. 
 
 i Like similar words in all languages, it acquired 
 iseveral teclniical senses. From its first meaning 
 jwas easily derived that of a signature to a will or 
 bther instinunent, especially a note of liand given 
 iiby a debtor to his creditor. In tliis latter case it 
 idid not constitute the legal obligation (for the debt 
 [might be proved in some other way) ; it was only 
 ^a proof of the obligation. 
 
 ] According to Asconius (iti TIt;-. iii. 36) diiro- 
 *igraphum, in the sense of a note-of-hand, was dis- 
 Itinguished from syn<iraplia ; the former was always 
 igiven for money actually lent, the latter might be 
 ia mere sham agreement (something like a bill of 
 laccommodation, though with a different object), to 
 I pay a debt which had never been actually incur- 
 red. The vhirograjihum was kept by the creditor, 
 and had only the debtor's signature ; the symp'uplia, 
 on the contrary, was signed and kept by both 
 parties. 
 
 In the Latin of the middle ages (see Du Fresne, 
 I s. V.) chirvynijihiim was used to signify tribute col- 
 , lected under the sign-manual of a person in autho- 
 rity, similar to the briefs and benevolences of 
 I former times in our own country. It was also 
 .used (see Blackstone. b. ii. c. 20), till very lately, 
 I in the Englisli law for an indenture. Duplicates of 
 deeds were written on one piece of parchment, with 
 • the word chirograplium between them, which was 
 . cut in two in a straight or wavy line, and the parts 
 r given to the care of the persons concerned. By 
 the Canonists, Blackstone remarks, the word sijn- 
 grapha or synyruphiis was employed in the same 
 way, and hence gave its name to these kind of 
 writings. [B. J.] 
 
 CHIRU'RGIA {x^ipovpyia). The practice of 
 surgery was, for a long time, considered by the 
 ancients to be merely a part of a physician's duty ; 
 but as it is now almost universally allowed to be 
 a separate branch of the profession, it will per- 
 haps be more convenient to treat of it under a 
 separate lu-ad. It will not be necessary to touch 
 
 upon the disputed questions, which is the more 
 ancient, or which is the more Iiomuruble branch of 
 the profession ; nor even to try to give 'such a 
 definition of the woi-d c/iirnn/ia as would be likely 
 to satisfy both the physicians and surgeons of the 
 present day ; it \vill be sufficient to determine the 
 sense in which the word was used by the ancients; 
 and then, adhering closely to that meaning, to 
 give an account of this division of the science and 
 art of medicine, as practised among the Greeks and 
 Romans, refening to the article Medicina for 
 further particulars. 
 
 The word chirurgia is derived from x"^'p the 
 hand, and epyov a work, and is explained by 
 Celsus (De Med. lib. vii. Praefat.) to mean that 
 part of medicine quae maim curat, " which cures 
 diseases by means of the hand in Diogenes 
 Laertius {De Vit. P/iilus. iii. 1. g fS5) it is said to 
 cure 5iA roi re/xveiv koI KaUiv, " by cutting and 
 burning;" nor (as far as the writer is aware) is 
 it ever used by ancient authors in any other sense. 
 Omitting the fabulous and mythological person- 
 ages, Apollo, Aesculapius, Chiron, &c., the only 
 certain traditions respecting the state of surgery 
 before the establishment of the republics of Greece, 
 and even until the time of the Peloponnesian war, 
 are to be found in the Iliad and Odyssey. There 
 it appears that surgery was almost entirely con- 
 fined to the treatment of wounds ; and the imagin- 
 ary power of enchantment was joined with the 
 use of topical applications. {11. y. 218; A.. 515. 
 828. 843, c&c. &c.) The Cireeks received surgery, 
 together with the other branches of medicine, from 
 the Egyptians ; and from some observations made 
 by the men of science who accompanied the French 
 expedition to Egypt in 17.98, it appears, that 
 there are documents fully proving that in very 
 remote times this extraordinary people had made a 
 degree of progress of which few of the modems 
 have any conception : upon the ceilings and 
 walls of the temples at Tentyra, Kamac, Luxor, 
 &c., basso-rilicvos are seen, representing limbs 
 that have been cut off with instruments very 
 analogous to those which are employed at the 
 present day for amputations. The same instru- 
 ments are again observed in the hieroglyphics, 
 and vestiges of other surgical operations may be 
 traced, which afford convincing proofs of the skill 
 of the ancient Egyptians in this branch of medical 
 science. (Larrey, quoted in Cooper's Simj. Diet.) 
 
 The earliest remaining surgical writings are 
 those of Hippocrates, who was bom, according to 
 Clinton {Fasti Hellcn.), 01. 80. 1. B.C. 460, and died 
 OL 105. 4. B. c. 357. Among his reputed works 
 there are ten treatises on this subject, viz. 1. Kot" 
 'lr]Tpeiov, Du OJfii iiui Medici; 2. Ilepl 'Ayp.wv, De 
 Fracturis ; 3. rie/jl "ApBpwv, Dc A rticulis ; 4. Mo- 
 X^mSs, Vectiuritis ; 5. Yl^pl 'E\kwv, De Ulceribus ; 
 6. riepl Ivplyywv, De Fiatidis ; 7. ITepl Ai/ioppot- 
 Swv, De Hacmorruidibus ; 8. Xlep\ riuv K«pa\rj 
 Tpa/xaTuv, De Capitis Vulncribus ; 9. Ilep! 'EyKo- 
 Tarofiris 'Efi^pvov, De Resectione Foetus ; and 10. 
 riepi 'AvaT0iJ.7js, De Vorporum Resectione. Of these 
 it should be remarked, that only the eighth is con- 
 sidered undouljtcdly genuine ; though the first, 
 second, third, and fourth, if not written by Hip- 
 pocrates himself, appear to belong to a very early 
 age. (See Fabricius, Bibl. Gr.) Hippocrates 
 far sm-passed all his predecessors (and indeed 
 most of his successors) in the boldness and suc- 
 cess of his operations ; and though the scanty 
 
•220 
 
 CHIRURGIA. 
 
 CHIRURGIA. 
 
 knowledge of anatomy possessed in those times, 
 prevented his attaining any very great perfection, 
 still, we should rather admire his genius, which 
 enabled him to do so much, than blame him be- 
 cause, with his deficient infonuation, he was able 
 to do no more. The scientific skill in reducing 
 fractures and luxations displayed in his works, 
 De Fraduris, De Articulis, excites the admira- 
 tion of Haller {BiUioth. Ckiruni.), and he was 
 most probably the inventor of the ambe, an old 
 chirurgical machine for dislocations of the shoulder, 
 which, though now fallen into disuse, for a long 
 time enjoyed a great reputation. In his work JJc 
 Capitis Vulmribus he gives minute directions 
 about the time and mode of using the trephine, 
 and warns the operator against the probability of 
 his being deceived by the sutures of the cranium, 
 as he confesses happened to himself* {Dc Moib. 
 Vulgar, lib. v. p. 561, ed. Kiihn). The author of 
 the Oath, commonly attributed to Hippocrates, 
 binds his pupils not to perfonn the operation of 
 lithotomy, but to leave it to persons accustomed to 
 it l^ipyarritn avhpdai Trpiy^ios T^trSe) ; from which 
 it would appear as if certain persons confined 
 themselves to particular operations.i" 
 
 The names of several persons are preserved who 
 practised surgery as well as medicine, in the times 
 immediately succeeding those of Hippocrates ; but, 
 with the exception of some fragments, inserted in 
 the writings of Galen, Oribasius, Aetius, &c., all 
 their writings have perished. Archagathus de- 
 serves to be mentioned, as he is said to have been 
 the first foreign surgeon that settled at Rome, A. u. c. 
 .535. B. c. 219. (Cassius Hemina, upud Plin. H. N, 
 xxix. 6. ed. Tauchn.) He was at first very well re- 
 ceived, the jus Quirilium was conferred upon him, 
 a shop was bought for him at the public expense, 
 and he received the honourable title of Vidncra- 
 rius. This, however, on account of his frequent 
 use of the knife and cautery, was soon changed by 
 the Romans (who were unused to such a mode of 
 practice) into that of Carnifij^. Asdepiades, wlio 
 lived about the middle of the seventh century A.u.c, 
 is said to have been the first person who proposed 
 the operation of bronchotomy, though he himself 
 never performed it (Gael. Aurel. Dc Morb. Acut. 
 i. 14 ; iii. 4.) ; and Ammonius of Alexandria, 
 surnamcd AiQoTOjjLos, who is supposed to have 
 lived rather later, is celebrated in the annals 
 of surgery for having been the first to propose 
 and to perform the operation of Lithoiriiy, or 
 breaking a calculus in the bladder, when found to 
 be too large for safe extraction. Celsus has mi- 
 nutely described his mode of operating (De Med. vii. 
 2G. §' 3. p. 436), which very much resembles that 
 lately introduced by Civiale and Heurteloup, and 
 
 * On which Celsus remarks : " More scilicet 
 magnorum vironun, et fiduciam magnarum renim 
 habentium. Nam Icvia ingenia, quia nihil halient, 
 nihil sibi detrahunt : magno ingenio, multaque 
 nihilominus habituro, convenit etiam simplex veri, 
 erroris confessio ; praecipueque in eo ministerio, 
 quod utilitatis causa posteris traditur ; ne qui de- 
 cipiantur eadem ratione, qua quis ante deceptus 
 est." — De Med. viii. 4. p. 407. ed. Argent. 
 
 •j- Avenzoar also, in his work entitled Tciser, 
 " Rectificatio Regiminis," refused to perfonn 
 this operation ; but in his case it was from religi- 
 ous motives, and because, being a .few, he thought 
 it unlawful to look upon another's nakedness. 
 
 which proves, that however much credit they maj 
 deserve for bringing it again out of oblivion inti 
 public notice, the praise of having originally 
 thought of it belongs to the ancients. " A hook,' 
 says Celsus, '* is to be so insinuated behind tiic 
 stone as to resist and prevent its recoiling into the 
 bladder, even when struck ; then an iron instru- 
 ment is used, of moderate thickness, flattened 
 towards the end, thin, but blunt ; which being 
 placed against the stone, and struck on the furthei 
 end, cleaves it ; great care being taken, at the same 
 time, that neither the bladder itself be injured by 
 the instruments, nor the fragments of the stone 
 fall back into it." * The next surgical writer 
 after Hippocrates, whose works are still extant, 
 is Celsus, who lived at the beginning of the 
 first century A. D., and who has given up the four 
 last books of his work, De Medii-iiia, and espe- 
 cially the seventh and eighth, entirely to surgical 
 matters. It appears plainly from reading Celsus, 
 that since the time of Hippocrates surgery had 
 made very great progress, and had, indeed, 
 reached a high degree of perfection. He is the 
 first author who gives directions for the operation 
 of lithotomy {De Med. vii. 2G. § 2. p. 432), and 
 the method described by him (called t/ie ajypurutus 
 7niuor, or Cet!yus''s vwthod,) continued to be prac- 
 tised till the commencement of the sixteenth cen- 
 tury. It was performed at Paris, Bordeaux, and 
 other places in France, upon patients of all ages, 
 even as late as a hundred and fifty years ago ; 
 and a modem author (Allan On LUlmtomy., p. 12.) 
 recommends it alwaj-s to be preferred on boys 
 under fourteen (Cooper's Diet, of Prac. Sure/., art. 
 Lithotomy.) He describes (vii. 25. § 3. p. 428 
 the operation of Iiijibulatio, which was so com- 
 monly performed by the ancients upon singers, &c., 
 and is often alluded to in classical authors. (See 
 Juv. Sat. VI. 73. 379 ; Seneca, apud Laetant. 
 Divin. Instit. i. 1 6 ; Mart. Epii/i: vii. 82. 1 ; ix. 
 28. 12 ; xiv. 215. I ; Tertull. De Curotia Mil. 
 11.) He also describes (vii. 25. ^ 1. p. 427) the 
 operation alluded to by St. Paul (1 Cor. 7. 18), 
 7repiT6Tftr)/x6Cos t!s efcArjfl;} : jxij € ir i,(7 tt a cr 6 «. 
 Compare Paulus Aegineta (Z)e Re Med. vi. 53), 
 who transcribes from Antyllus a second method of 
 performing the operation. See also Parkhurst's 
 Le,iit:i)ii, and the references there given. 
 
 The following description, given by Celsus, of 
 the necessary qmilifications of a surgeon, deserves 
 to be quoted : — " A surgeon," says he (lib. vii. 
 Prarfat.) " ought to be young, or at any rate, not 
 very old ; his hand should be firm and steady, 
 and never shake ; he should be able to use his 
 left hand with as much dexterity as his right ; his 
 eye-sight should be acute and clear ; his mind in- 
 trepid, and so for subject to pity as to make him 
 desirous of the recovery of his patient,f but not 
 
 * Avenzoar also (p. 29. ed. Venet. 1549) men- 
 tions this mode of getting rid of a calculus, though 
 he does not describe the operation so minutely as 
 Celsus. 
 
 + The reading of Targa's edition, misericors, has 
 been followed, though inimiserieors will also admit 
 of a very good sense ; for, as Richerand has ob- 
 served (Nosoi/r. Cliii: vol. i. p. 42. edit. 2.), Celsus 
 did not mean by it that a surgeon ought to be 
 quite insensible to pity ; but that, during the per- 
 formance of an operation, this passion ought not to 
 
CIIIRURGIA. 
 
 CHIRURGIA. 
 
 221 
 
 1 far as to suffer himself to be moved by his 
 lii's ; he should neither hurry the operation more 
 'lan tlie case requires, nor cut less than is neces- 
 iry, but do everything just as if the other's 
 creams made no impression upon him." 
 
 Perhaps the only surgical remark worth quoting 
 i iiin Aretaeus, who lived in the first century a. d., 
 s that he condemns the operation of bronchotomy, 
 l.nd thinks " tliat the wound would endanger an 
 nflaramation, cough, and strangling ; and that if 
 he danger of being choked could be avoided by 
 his method, yet the parts would not heal, as bc- 
 Mg cartilaginous. {De Mori. Acut. Cur. i. 7. 
 .. 227. ed. Kiihn.) 
 
 Omitting Scribonius Largus, Moschion, and So- 
 aiuis, the next author of importance is Caelius 
 \urolianus, who is supposed to have lived about 
 the beginning of the second century A. D., and 
 u whose works there is a good deal relating to 
 uurgery, though nothing that can be called original. 
 iHe rejected as absurd the operation of broncho- 
 nmy (Df Morb. Chron. iii. 4). He mentions 
 1 lase of ascites that was cured by paracentesis 
 J bid. iii. 8.), and also a person who recovered 
 lifter being shot through the lungs by an arrow 
 (Ibid. iii. 12). 
 
 Galen, the most voluminous and at the same 
 iiiie the most valuable medical writer of antiquity, 
 i-s less celebrated as a surgeon than as an anatomist 
 .and physician. He appears to have practised 
 surgery at Pergamus ; but, upon his removal to 
 Rome (a. d. 165), he entirely confined himself 
 to medicine, following, as he says himself {De 
 Afelh. Mc'd. vi. 20.), the custom of the place.* 
 iHis writings prove, however, that he did not en- 
 tirely abandon surgery. His Commentaries on the 
 ■Treatise of Hippocrates, De Oflicimi Medici, and 
 ^his treatise Ylepl toiV EirtSeafiwv, De Fasciis, 
 shows that he was well versed even in the 
 tminor details of the art. He appears also to 
 have been a skilful operator, though no great sur- 
 gical inventions are attributed to him. His other 
 surgical writings consist of Commentaries on Hip- 
 ipocrates, De Fractiiris, and De Ariiculis ; besides 
 a good deal of the matter of his larger works, De 
 
 ■ Methodo Medendi, and De Cumposiiione Aledicor 
 
 ■ meniorum. 
 
 Antyllus, who lived some time between Galen 
 and Oribasius, is the earliest writer whose direc- 
 tions for performing bronchotomy are still extant, 
 though the operation (as was stated above) was 
 proposed by Asclepiades about three hundred years 
 before. Only a few fragments of the writings of 
 Antyllus remain, and among them the following 
 passage is preserved by Paulus Aegineta {De Re 
 Med. vi. 33): — " Our best surgeons have described 
 this operation, Antyllus particularly, thus : ' We 
 think this practice useless, and not to be attempted 
 where all the arteries f and the lungs are affected ; 
 but when the inflammation lies chiefly about the 
 
 influence him, as all emotion would then be mere 
 weakness. 
 
 * This would seem also to have been the custom 
 among the Arabians, as Avenzoar says (p. 31) 
 
 ■ that a physician ought to he able to perform opera- 
 tions, but should not do so except in cases of 
 I necessity. 
 
 + By the word aprnplai here, he means the 
 ■bronchia, or ramifications of the trachea. (See 
 Arteria.) 
 
 throat, the chin, and the tonsils wliich cover the 
 top of the windpipe, and the artery is unaffected, 
 this experiment is very rational, to prevent the 
 danger of suffocation. When we proceed to per- 
 form it, we must cut through some part of the 
 windpipe, below the larynx, about the third or 
 fourth ring ; for to cut quite through would be 
 dangerous. This place is the most commodious, 
 because it is not covered with any flesh, and be- 
 cause it has no vessels near it. Therefore, bend- 
 ing the head of the patient backward, so that the 
 windpipe may come more forward to the view, we 
 make a transverse section between two of the 
 rings, so that in this case not the cartilage, but the 
 membrane whicli incloses and unites the cartilages 
 together, is divided. If the operator be a little 
 fearful, he may first divide the skin, extended by 
 a hook ; then, proceeding to the windpipe, and 
 separating the vessels, if any are in the way, he 
 must make the incision.' Thus far Antyllus, who 
 thought of this way of cutting, by observing (when 
 it was, I suppose, cut by cliance) that the air 
 rushed through it with great violence, and that the 
 voice was interrupted. When the danger of suffo- 
 cation is over, the lips of the wound must be united 
 by suture, that is, by sewing the skin, and not the 
 cartilage ; then proper vulnerary medicines are to 
 be applied. If these do not agglutinate, an incar- 
 nant must be used. The same method must be 
 pursued with those who cut their throat with a 
 design of committing suicide." * 
 
 Oribasius, physician to the Emperor Julian (a.d. 
 3G1), professes to be merely a compiler ; and 
 though there is in his great work, entitled Sui'o- 
 7a)7al 'larpiKui, Oilkcta Mcdiei)iali(i, much sur- 
 gical matter, there is nothing original. The same 
 may be said of Aetius and Alexander Trallianus, 
 both of whom lived towards the end of the sixth 
 century A. D., and are not famous for any sur- 
 gical inventions. Paulus Aegineta has given 
 up the fifth and sixth books of liis work, De 
 Re Mcdica, entirely to surgery, and has in- 
 serted in them much useful matter, the fruits 
 chiefly of his own observation and experience. He 
 was partic\darly celebrated for his skill in mid- 
 wifery, and female diseases, and was called on 
 
 that account, by the Arabians, ^V^l Al-Ka- 
 
 U'aheli, " the Accoucheur," (Abulpharaj, Hist. 
 Dynast., p. 181. ed. Pococke). Two pamphlets 
 were published in IZfiB at Gottingen, 4to. by Rud. 
 Aug. Vogel, entitled De Pauli Aetjiiietae. Mcriiis in 
 Medicinam, imprimisque CJdruryiam. Pardus Ae- 
 gineta lived probably towards the end of the 
 seventh century, A. d., and is the last of the 
 ancient Greek and Latin medical writers whose 
 surgical works remain. The names of several 
 others are recorded, but they are not of sufficient 
 eminence to require any notice here. For fui'ther 
 information on the subject both of medicine and 
 surgery, see Medicina ; and for the legal qualifi- 
 cations, social rank, &c., both of physicians and 
 surgeons, among the ancient Greeks and Romans, 
 see Medicus. 
 
 * This operation appears to have been very 
 seldom, if ever, performed by the ancients upon a 
 human being. Avenzoar (p. 1.5) tried it upon a 
 goat, and found it might be dime without much 
 danger ordilHcnlty; but he says he should not like 
 to be the first person to try it upon a man. 
 
222 
 
 CHIRURGIA. 
 
 CHIRURGIA. 
 
 The surgical instniments, from which the ac- 
 companying engravings are made, were found by a 
 physician of Petersburg, Dr. Savenko, in 1819, at 
 Pompeii, in Via Consularis {Stmda Consular/'), in 
 a house which is supposed to have belonged to a 
 surgeon. They are now preserved in the museum at 
 Portici. The engravings, with an account of them 
 by Dr. Savenko, were originally published in the 
 Ret-ue Medicale for 1821, vol. iii. p. 427, &c. They 
 were afterwards inserted in Froriep's Notizen aus 
 dem Gt'hieie der Natur-und-Heilkunde, for 1822, 
 vol. ii. n. 26. p. 57, &c. The plate containing these 
 instruments is wanting in the copy of the Re.vuc 
 Medicale in the library of the College of Surgeons, 
 so that the accompanying figures are copied from 
 the Gennan work, in wliich some of them appear 
 to be drawn very badly. Their authenticity was 
 at first doubted by Kuhn (De lustrum, Cliirurt;., 
 Veteribus coffnitis, et nnper effossis Lips. 1823, 
 4to.), who thought they were the same that had 
 been described by Bayardi in his Catal. Aidiq. 
 Monument. Herculaiii efibs.. Nap. 1754. fol. n. 
 236 — 2.04 ; when, however, his dissertation was 
 afterwards rcpulilishod (Opusc. Acadein. Med. and 
 Plri/o/., Lips. 1!!27, 1828, 8vo. vol. ii. p. 309.) he 
 acknowledged himself to be completely satisfied on 
 this point, and has given in the tract referred to, a 
 learned and ingenious description of the instil- 
 ments, and their supposed uses, from which the 
 following account is chiefly abridged. It will, how- 
 ever, be seen at once, that the fonn of most of 
 them is so simple, and their uses so obvious, that 
 very little explanation is necessary. 
 
 1, 2. Two probes (spceiUum, firjAri) made of iron ; 
 the larger six inches long, the smaller four and a 
 half. 3. A cautery (Kavr-^ptov) made of iron, 
 rather more than four inches long. 4, 5. Two 
 lancets (scalpel/urn, (T/tfArj), made of copper, the 
 former two inches and a half long, the other three 
 inches. It seems doubtfid whether thej' were 
 used for blood-letting, or for opening abscesses, &c. 
 6. A knife, apparently made of copper, the blade 
 of which is two inches and a half long, and in the 
 broadest part one inch in breadth ; the back is 
 straight and thick, and the edge much curved ; the 
 handle is so short that Savenko thinks it must have 
 been broken. It is uncertain for what particular 
 purpose it was used: Kilhn conjectures that (if it be 
 a surgical instrument at all) it may have been 
 
 made with such a cui-ved edge, and such a straight 
 thick Ijack, that it might be stnick with a hanmicr, 
 and so amputate fingers, toes, &.c. 7. Anothei 
 knife, apparently made of copper, the blade ol 
 whicli is of a triangular shape, two inches hng. 
 and in the broadest part eight lines in breadth ; 
 the back is straight and one line broad, and this 
 breadth continues all the way to the point, which, 
 therefore, is not sharp, but guarded by a sort ol 
 button. Kiihn thinks it may have been used foi 
 enlarging wounds, &c., for which it would be par- 
 ticularly fitted by its blunt point and broad back, 
 
 8. A needle, about three inches long, made of iron, 
 
 9. An elevator (or instrument for raising depressed 
 portions of the skull), made of iron, five inches 
 long, and very much resembling those made use ol 
 
 in the present day. 10 — 14. Different kinds o 
 forceps (^vulsella). No. 10 has the two sides sepa- 
 rated from each other, and is five inches long 
 No. 11 is also five inches long. No. 12 is three 
 inches and a half long. The sides are narrow al 
 the point of union, and become broader by degree.- 
 towards the other end, where, when closed, they 
 form a kind of arch. It should be noticed that it 
 is furnished with a moveable ring, exactly like th( 
 tenaculum forceps em])loyed at tlie present day. 
 No. 1 3 was used for pulling out hairs by the root; 
 (rptxoKaS'is). No. 14 is six inches long, and i^ 
 bent in the middle. It was probably used for ex 
 tracting foreign bodies that had stuck in the oeso- 
 phagus (or gullet), or in the bottom of a woimd 
 15. A male catheter {aenea fistula), nine inches ii 
 length. The shape is remarkable from its havin;. 
 the double curve like the letter S, which is thi 
 fonn that was re-invented in the last century h_\ 
 the celebrated French surgeon, .7. L. Petit. 16 
 Probably a female catheter, four inches in length, 
 Celsus tlius describes both male and female cathe 
 ters (De Med. vii. 26. § 1. p. 429: — "The surgeoi 
 should have three male catheters {acneas jistulas) 
 of which the longest should be fifteen, the nex' 
 twelve, and the shortest nine inches in length 
 
CIILAMYS. 
 
 CHLAMYS. 
 
 223 
 
 1 ho sliould have two female catheters, the one 
 le inches lona;, the other six. Both sorts should 
 a little curved, but especially the mule ; they 
 mid be perfectly smooth, and neither too thick 
 r too thin." 17. Supposed by Froriep to be an 
 ■trument for extracting teeth [oSovTaypa, Pol- 
 <, iv. g 181); but Kuhn, with much more pro- 
 liility, conjectures it to be an instrament used 
 aniput;iting part of an enlarged uvula, and 
 ,)te3 Celsus (I)e Med. vii. 12. § 3. p. 404), 
 ,!io says, that " no method of operating is 
 jore convenient than to take hold of the uvula 
 ith the forceps, and then to cut off lielow it 
 much as is necessary." 18, 19. Probably two 
 atulae. [W. A. G.] 
 
 xirn'N. [TuNic.\.] 
 
 XIxn'NIA, a festival celebrated in the Attic 
 •\vn of Chitone in honour of Artemis, sumanied 
 hitona or Chitnnia. (Schol. ad CuUiinucli . Ihpnn. hi 
 lictii. 78.) The Syracusans also celebrated a 
 -tival of the same name, and in honour of the 
 line deity, which was distinguished by a peculiar 
 aid of dance, and a playing on the flute. (Athen. 
 IV. p. 62!) ; Steph. Byz. s. XiTwj/r).) [L. S.] 
 
 .XAAI'NA. [Laena.] 
 
 CIILAMYS (X''^ct;Uus, dim. x^a/iuSioc), a scarf, 
 his term, being Greek, denoted an article of the 
 iiiiclws, or outer raiment, which was in general 
 laracteristic of the Greeks, and of the Oriental 
 ices with which they were connected, although 
 jOth in its fonn and in its ajiplication it approach- 
 jd very much to the laccnui and p<iliulamentiini of 
 !he Romans, and was itself to some extent adopted 
 
 ■ y the Romans under the emperors. It was for 
 
 ■ he most part woollen ; and it differed from the 
 ulanket {lijAriov), the usual amictus of the male 
 'iex, in these respects, that it was much smaller ; 
 
 Iso finer, thinner, more variegated in colour, and 
 nore susceptible of ornament. It moreover dif- 
 ered in being oblong instead of square, its length 
 peing generally about twice its breadth. To the 
 j'egular oblong o, 6, c, d (see woodcut), gears were 
 ;idded, either in the form of a right-angled triangle 
 ,1, e,f, producing the modification o, c, </, d, which 
 s exemplified in the annexed figure of Mercury ; 
 )r of an obtuse-angled triangle a,«, 4, producing the 
 
 The scarf does not appear to have been much 
 worn by children, although one was given with its 
 brooch to Tiberius Caesar in his infancy. (Suet. 
 Tib. ()'.) It was generally assmTied on reaching 
 adolescence, and was worn hy the ephebi from 
 about seventeen to twenty years of age. (Philemon, 
 p. 3(i7. ed. Meineke ; eplmhica chlamiide, Apuleius, 
 Met. X ; Heliod. Aeth. i. ; Plutarch, De Mul. Virl. ; 
 Pollux, X. 164.) It was also worn by the military, 
 especially of high rank, over their body-amiour 
 (woodcut, p. 123 ; Aelian, V. H. xiv. 10 ; Themist. 
 Oi-at. X. ; Plant. Pseud. II. iv. 45 ; Ii]ml. in. iii. 
 5.5), and by hunters and travellers, more particu- 
 larly on horseback. (Plaut. Poeti. in. iii. 6, 31.) 
 
 The scarfs worn by youths, by soldiers, and by 
 hunters, differed in colour and fineness, according 
 to their destination, and the age and rank of the 
 wearer. The x^^-F-"^ i(fn]§iKri was probably yel- 
 low or saffron-coloured; and the x^"-!^''^ (TTpaTta- 
 tikt), scarlet. On the other hand, the hunter com- 
 monly went out in a scarf of a dull unconspicuous 
 colour, as best adapted to escape the notice of wild 
 animals. (Pollu.x, v. 18.) The more ornamental 
 scarfs, being designed for females, were tastefully 
 decorated with a border (lini/ms, Yirg. Aen. iv. 
 137; maeattdci; v. 251); and those worn by 
 Phoenicians, Trojans, Phrygians, and other Asi- 
 atics, were also embroidered, or interwoven with 
 gold. (Virg. U. a:; iii. 483, 484 ; xi. 775 ; Ovid, 
 Met. V. 51 ; Val. Flaccus, vi. 228.) Actors had 
 their chlamys ornamented with gold. (Pollux, iv. 
 116.) Demetrius, the son of Antigonus, imitating 
 the utmost splendor of the Asiatics, wore a scarf 
 in which were represented in gold thread the stars 
 and the twelve signs of the zodiac. (Athenaeus, 
 xii.) 
 
 The usual mode of wearing the scarf was to pass 
 one of its shorter sides («, d) round tlie neck, and 
 to fasten it by means of a broocli f'/;A;/Af),either over 
 the breast (woodcuts, p. 37, 171), in which case it 
 hung down the back, reaching to the calves of the 
 legs, as in the preceding figure of the young Athe- 
 nian, or even to the lieels (Apuleius, Met. xi.) ; or 
 over the right shoulder, so as to cover the left arm, 
 as is seen in the preceding figure of Mercun,', in 
 the woodcut to Causia, and in the well-known 
 example of the Belvidere Apollo. In other in- 
 stances it was made to depend gracefully from the 
 left shoulder, of which the bronze Apollo in the 
 British Museum (see the annexed woodcut)presents 
 an example (puer nudus, nisi quod cpkebica 
 chhimyde. sinistrum tet/e/mt /mmerum, Apuleius, x.) ; 
 or it was thrown lightly behind the back, and pas- 
 
 modification a, p, h, c, ff, d, wliich is exemplified in 
 the figure of a youth from the Panathenaic frieze 
 in the British Museum. These gonvi were called 
 iTTcpuyt J, uini/s, and the scarf with these additions 
 was distinguished by the epithet of ThessaUan or 
 Macedonian. {Etijm. Ma;/.; Lucian, Dial. Mori.) 
 Hence the ancient geographers compared the fonn 
 of the inhabited earth (ij oiKovfihn) to that of a 
 chlamys. (Strabo, ii. 5 ; Macrobius, De Sumn. 
 Scip. ii.) 
 
224 
 
 CHLAMYS. 
 
 CHORAGUS. 
 
 sed over either one arm or shoulder, or over both 
 (see the second figure in the last woodcut, taken 
 from Hamilton's Vases, i. 2) ; or, lastly, it was 
 laid upon the throat, carried behind the neck, and 
 crossed so as to hang down the back, as in the 
 figure of Achilles (p. 123), and sometimes its ex- 
 tremities were again brought forward over the 
 amis or shoulders. In short, the remains of an- 
 cient art of every description, show in how high a 
 degree the scarf contributed, by its endless diver- 
 sity of arrangement, to the display of the human 
 form in its greatest beauty ; and Ovid has told us 
 how sensible the ephebi were of its advantages in 
 the following account of the care betowed upon 
 this p;irt of his attire by Mercury : — 
 
 Chlamydemque, ut pendeat apte, 
 
 Collocat: ut limbus, totumque appareat aumm. 
 
 {AM. ii. 735.) 
 
 The aptitude of the scarf to be turned in every 
 possible fonn around the body, made it usefid even 
 for defence. The hunter used to wrap his chlamys 
 about his left ann when pursuing wild animals, 
 and preparing to fight with them. (Pollux, v. 18 ; 
 TrepteA'i^avTa S aixirix^rai Trepl TfjV X^'P"? Xen. 
 Cyncf). vi. 17.) Alcibiades died fighting with his 
 scarf roUed round his left hand instead of a shield. 
 (Plut. Alcih.) The annexed woodcut exhibits 
 a figure of Neptune armed with the trident in his 
 right hand, and having a chlamys to protect the 
 left. It is taken from a medal which was struck 
 in commemoration of a naval victory obtained by 
 Demetrius Poliorcetes, and was evidently designed 
 to express liis sense of Neptune's succour in the 
 conflict. When Diana goes to the chase, as she 
 
 does not require her scarf for purposes of defence, 
 she draws it from behind over her shoulders, and 
 twists it round lier waist, so that the belt of her 
 quiver passes across it, as shown in the statues of 
 this goddess in the Vatican (see woodcut), and 
 described bj' Nemesianus. [Balteus.] 
 
 It appears from the bas-reliofs on marble vases 
 that dancers took hold of one another by the 
 chlamys, as the modem Greeks still do by their 
 scarfs or handkerchiefs, instead of taking one an- 
 other's hands. In like manner Mercury, when he 
 is conducting Plutus in the dark, bids him to take 
 hold of his clilamys in order to follow his steps. 
 (Lucian, Timon, 30.) The scarf admitted also of 
 being used to recline upon. Thus Endymion is 
 represented, both in ancient paintings and sculp- 
 tures, and in the description of Lucian {Dial. vol. 1. 
 p. 232. ed. Ilemster.), sleeping on his chlamys 
 which is spread upon a rock. [Pileus.] 
 
 Among the Romans the scarf came more into 
 
 use under the emperors. Caligula wore oi'e ei 
 riched with gold. (Suet. Cudig. 19.) Alexandf 
 Sevems, when he was in the country or on an ej 
 pedition, wore a scarf dyed with the cocci 
 {chkimyde mccinca, Lamprid. AL Sev. 40 ; conipat 
 iV/«//'. xxvii. 28. 31.) [J- Y.J 
 
 XAO'EIA, or XAOIA', a festival celebrated a 
 Athens in honour of Demeter Chloe, or simpl; 
 Chloe, whose temple stood near the Acropolis 
 (Hesych. s. XAoio : Athen. xiv. p. 618; SophocI 
 Oed. Col. IGOO, with the Scholiast; Pans. i. 22 
 § 3.) It was solemnized in spring, on the sixth o 
 Thargelion, when the blossoms began to appea 
 (hence the names x^°^ X^"'^'")- with th( 
 sacrifice of a ram and much mirth and rejoicing 
 (Eupolis, (ipud Schol. ad Soph. Oed. Col. I. c.) [L.S. 
 
 XO'E2. [DiONY.SIA.] 
 
 XOrNIH, a Greek measure of capacity, the siz( 
 of which is differently given ; it was probably o 
 diflFerent sizes in the several states. Pollux (iv 
 23), Suidas, Cleopatra, and the fragments o 
 Galen (c. 7 and 9) make it equal to thref 
 cotylae ( = 1"4866 pints English); anothei 
 fragment of Galen (c. .5), and other authorities 
 (Paucton, Meiroloff. p. 233) make it equal to foui 
 cotylae ( = I'9821 pints English) ; Rhemnius Fan- 
 nius (v. 69), and another fragment of Galen 
 (c. 8) make it eight cotvlae (zz:3'9641 pints Eng- 
 lish.) (\Y unn, l)c Poml et Mens. &c., p. 132. 142. 
 199 ; Hussey on Ancient Money and Measures, 
 p. 209 and 214.) [P. S.] 
 
 CHORA'GUS, a person who had to liear the 
 expenses of the choragia, one of the regularly re- 
 curring state burthens (iyKvKMoi Xeirovpy'iai) at 
 Athens. Originally (as is shown in the article 
 Chorus) the choms consisted of all the inhabitants 
 in the state. With the improvement of the arts 
 of music and dancing, the distinction of spectators 
 and perfomiers arose ; it became more a matter of 
 art to sing and dance in the choms ; paid per- 
 formers were employed ; and at last the duties of 
 this branch of worship devolved upon one person, 
 selected by the state to be their representative, 
 who defrayed all the expenses which were incur- 
 red on the diiferent occasions. This person was 
 the choragus. It was the duty of the managers of 
 a tribe (fVi/ueXrjTa) ^v\rjs),to which a choragy had 
 come round, to provide a person to perform the 
 duties of it ; and the person appointed by them 
 had to meet the expenses of the choms in all plays, 
 tragic or comic {rpayti'So^s, ku/j-oSoTs), and satiri- 
 cal ; and of the lyric choruses of men and boys, 
 the pyrrhichistae, cydian dancers, and flute-players, 
 (j^oprjyeiC dvSpdai, or afSpiKots xopois, TraiSiKoIi 
 Xopo7s, irup^ixiCTais, kvkKI^/ X°pit a-vXrirais 
 dvSpouTiv), &c. He had first to collect his chorus, 
 and then to procure a teacher (xopo5i5ao-Ka\os), 
 whom he paid for instmcting the choreutae. The 
 choragi drew lots for the first choice of teachers, 
 for as their credit depended upon the success of 
 their chorus in the dramatic or lyric contests, it 
 was of great importance to them whose assistance 
 they secured. (Demosth. c. Mid. p. 519.) When 
 the chorus was composed of boys, the choragus was 
 occasionally allowed to press chOdren for it, in 
 case their parents were refractory. (Antiphon. De 
 Choreuta, p. 767, 768.) The chorus were generally 
 maintained, during the period of their instmction,at 
 the expense of the choragus, and he had also to 
 provide such meat and drink as woidd contribute 
 to strengthen the voice of the singers. (Oi Se 
 
CHORUS. 
 
 CHORUS. 
 
 •225 
 
 jpTjyol rots xop^vTois 67X6Aia Kal ^piSaKia Kal 
 ccWiSor Kol /j.ue\6v Traparidevres, evcvxow etI 
 lAi);' xp^vou^ (piM>va(TKuvixevovs /col rpvcpaivTas, 
 liitarch, 7),' C/or. p. 349 A.) The ex- 
 
 iiscs of the different choruses are given by 
 v^l^ls ('AttoA. SwpoS. p. 698) as follow: — Chorus 
 men, 20 minae ; with the tripod, 50 minae ; 
 i rhic chorus, 8 minae ; pyrrhic chorus of boys, 7 
 iuao ; tragic chorus, 30 minae ; comic, Ifi minae; 
 clian chorus, 300 minae. According to Demo- 
 lienes (Mul. p. 5(55) the chorus of flute-players 
 'St a great deal more than the tragic chorus, 
 he choragus who exhibited the best musical or 
 eatrical entertainment, received as a prize a 
 ipod, which he had the expense of consecrating, 
 id sometimes he had also to build the monument 
 1 which it was placed. There was a whole street at 
 thens formed by the line of these tripod-temples, 
 m1 called "The Street of the Tripods." The laws 
 ,' Solon prescribed 40 as the ])roper age for the 
 iioragus, but this law was not long in force. 
 On the subject of the choragia, see Bockh's PuM. 
 con. nf Athens, ii. p. 207, &c. [J. W. D.] 
 XOPHPI'A. [Choragus.] 
 XnPI'OT Al'KH, a suit to recover land, was a 
 [adicasia within the jurisdiction of the thesmo- 
 letae. The pai'tics to a suit of this kind were 
 !cessarily either Athenian citizens, or such fa- 
 lOured aliens as had had the power of ac([uiring 
 I'al property in Attica {yijs koI oiKi'cts eyKTiqcni) 
 1,'stowed upon them by special grant of the people. 
 .>{ the speeches of Isaeus and Lysias in causes of 
 t'.is kind, the names are all that survive. [J.S.M.] 
 J CHORUS (x^p^^), a band of singers and 
 fancers, engaged in the public worship of some 
 ^ivinity. This is, however, only the secondary 
 leaning of the Greek word. The word Xop°^^ 
 :hich is connected with X'^'foJ? X*^?" (.Vrjc Cra- 
 jhts, p. 36 1 ), properly denoted the market-place, 
 "'here the chorus met. Thus, Homer calls the 
 ancing-place the xop''^^ hen'ivav 8e x^P^^ (Od. 
 lii. 2G0), TreTrXTjyoj' Se xop"" ^^tov nrocriv ("264), 
 '3i t' 'Hfii}s fipiyeve'fqs oiKia Koi X"?"'^ {x.n. 
 ;), evBa 8' ecrac t^vficpluiv KaKol x"?''' ^owkoi 
 '518). Now the dancing-place for the public 
 aorus in a Greek town would naturally be the 
 .rgest space which they had, i. e. the market- 
 'ace, which was called by the more general name 
 f "the ^lace " or "the space " (xop<^s)- Thus, 
 le ayopa at Sparta was called the x^P^^- ( Pausan. 
 i. II. § 9.) And evpvxopos is a common epithet 
 a large city: thus Sparta (A naxandrides, apud 
 then. p. 131. c.) and Athens {Oracul. ujmd De- 
 .■osth. Mid. p. 531) are both called evpvxopos, 
 hich either meant "having a wide chorus or 
 larket," or, generally, " extensive " (eupux^pos), 
 * when it is applied as an epithet to 'hala in 
 ind. 01. vii. 1 8. Thus also the king says to the 
 lorus, in the Su/>jilice!i of Aeschylus (976): 
 '> X'^PV rda-aeade. 
 This explanation of the word x^P^^ is important, 
 om its connection with the idea of a primitive 
 lorus. In the oldest times the chorus consisted 
 F the whole population of the city, who met in 
 ;ie public place to offer up thanksgivings to their 
 )untry's god, by singing«hymns and performing 
 iirresponding dances. The hjonn, however, was 
 ot sung by the choriis, but some poet or musician 
 mg or played the hymn, and the dancers, who 
 irmed the chorus, only allowed their movements 
 1 be guided by the poem or the tune. The poet. 
 
 j therefore, was said to " lead off the dance " 
 (i^apxay (UoATrr??), and this was said not merely 
 ] of the poet (see the passages quoted in the Thea- 
 tre u/ the Givcha, 4th editiiui. p. 21), but also of 
 the principal dancers (//. xviii. 604), and even the 
 leader of a game at ball is said d'px^ f^-oKir^s. 
 From this it will be seen that the words /j.e\Tre(Tdat. 
 and fJLoK-wq, when used in speaking of the old 
 chorus, imply the regular graceful movements of 
 the dancers (//. xvi. 1^82 ; Hi/mit. Pyih. ApoU. 19), 
 and the EmnolpiJs were not singers of hymns, but 
 dancers in the chorus of Demeter and Dionysus. 
 This old chorus, or the chorus proper, was always 
 accompanied by the clthara, the h/re, or the pihor- 
 minr, which were different kinds of stringed in- 
 struments ; when the accumpaniment was the flute, 
 it w.as not a chorus, but an oyAa/'o, or a. KUfJ-os, a 
 much more riotous affair, which was always rather 
 of the nature of a procession than of a dance, and 
 in which there was often no eMirchus, but every 
 one joined into the song or cry of joy at his plea- 
 sure. Such a eomus was the hjmienaeal or bridal 
 procession, though this seems to have been a mix- 
 ture of the chorus and the eoinus, for the harp and 
 a chorus of damsels are mentioned in the descrip- 
 tions of it by Homer and Hesiod. The former 
 merely says (//. .xviii. 492), " A loud hipmtiaevs 
 arose ; young men skilled in the dance moved 
 around ; and among them flutes and harps re- 
 sounded" (auAol, (popfxtyyes re), llesiod's descrip- 
 tion is much more elaborate (Scut. Here. 270): — 
 " The inhabitants (of the fortified city which he is 
 describing) were enjoying themselves with fes- 
 tivities and dances (dyXd'iais re x^P"^^ '''^)' ''"^ 
 met/, (i. e. the Kwjxos) were conducting the bride to 
 her husband on the well-wheeled mule-car ; and a 
 loud himenaeus arose ; from afar was seen the 
 gleam of burning torches carried in the hand of 
 slaves ; tlie damsels (i. e. the X^P"') were moving 
 forwards in all joy and festivity (dyAai?; reOaAvTai); 
 and they were both attended by sportive choruses. 
 The one chorus, consisting of men (the kco/xos), 
 were singing with youthful voices to the shrill 
 sound of the pipe (crupiyl) ; the other, consisting 
 of the damsels (the xof^s), were leading up the 
 cheerful chorus {i. e. were daiicinci) to the notes of 
 the harp (<|)op/xi7|)." This account of tho hyiiie- 
 7/aeus is immediately followed by a description of 
 the comus proper, i. e. a riotous procession after a 
 banquet. " C)n another side, some young men 
 were moving on in the ctm/us (iKcifia^ov) to the 
 sound of the flute ; some were anmsing themselves 
 with singing and dancing ; others moved on laugh- 
 ing, each of them accompanied by a ^?<fe-player 
 (vrr avKrjTjjpi ^KaffTos). The whole city was fill- 
 ed with joy and chomses and festivity " (SaAi'ai 
 Te xop"' ■'"^ dyAd'iai re). 
 
 The chorus received its first full developement 
 in the Doric states, and in them it was particularly 
 connected with their military organisation. The 
 Dorian chorus was composed of the same persons 
 who formed their battle-array: the best dancers 
 and the best fighters were called bj' the same name 
 (TrpuAe'es) ; the back rows in each were called 
 "unequipped"(<j'(Ae(s), and the figures of the dance 
 were called by the same name as the evolutions of 
 the amy. (Miiller's Dorians, iii. 12. § 10; iv. 6. 
 §4.) The Doric deity was Apollo, consequently 
 we find the Doric chorus, which was properly ac- 
 companied by the lyre, and of which the lyric 
 poetry of the Greeks was the legitimate offspring. 
 
226 CHORUS. 
 
 immediately connected with the worship of Apollo, 
 the inventor of the lyre. The three principal Doric 
 choruses were the jnirrhic, the r/t/iimoj^tu'du; and 
 the hiiporchfinatic. These were afterwards trans- 
 ferred to the worship of Bacchus, and appear as 
 the three varieties of the dramatic chonis, which 
 celebrated the worship of that divinity: the emme- 
 leia, or iraijic dance, corresponded to the ytjmno- 
 paedic; the comic dance, to the lni])orclieinc ; and 
 the saiyric, to the pyrrldc. All these dances were 
 much cultivated and improved by Thaletas, who in- 
 troduced a combination of the song and dance for 
 the whole chorus, of which Lucian speaks, when he 
 Bays by way of contrast to the pantomimic dancers 
 of more modern times (^Dc Saltat. c. 30) : TlaKai 
 fiev yap ol avTol Koi -ijSov Koi wpxoCvTo, " in 
 older times the same performers both sang and 
 danced." This extension of the song of the e:t- 
 archus to the whole chorus, seems to have given 
 rise almost naturally to the division of the choras 
 into strophes and antistrophes, which Stesichorus 
 further improved by the addition of an epode, thus 
 breaking through the monotonous alternation of 
 strophe and antistrophe by the insertion of a 
 stanza of a different measure. This improvement 
 is referred to in the proverb — ouSe to rpia 'S,Ti\cn- 
 x6pov yiyvtiffKeis. ITie choruses of Stesichonis 
 consisted of combinations of rows of eight dancers, 
 and from his partiality to the number 8 we have 
 another proverb — the iravra 6kt<ii of the gram- 
 marians. 
 
 The most important event in the history of 
 Greek choral poetry was the adaptation of the 
 dithyramb, or old Bacchic song, to the system of 
 Doric choruses ; for it was to this that we owe the 
 Attic drama. The dithyramb was originally of 
 the nature of a koj^uos — it was sung by a band of 
 revellers to a flute accompaniment ; and in the time 
 of Archilochus had its leader — for that poet says, 
 that " he knows how to lead off the dithyramb, 
 the beautiful song of Dionysus, when his mind is 
 inflamed with wine " (Athen. p. 628 A.): — 
 "Hs i^iwvvcroT avaKTOS KaAov 6|o'g|ai fxehos 
 
 oiSa SiBvpafiSov oivtf (rvyKepavvcodds (ppevas. 
 Arion, the celebrated player on the cithara, was 
 the first to practise a regular chorus in the dithy- 
 ramb, and to adapt it to the cithara. This he did 
 at Corinth, a Doric city ; and therefore we may 
 suppose that he subjected his dithyramb to all the 
 conditions of Doric choral poetry. The dithyramb 
 was danced round a blazing altar by a chorus of 
 SO men or boys ; hence it was called a circtihir 
 clmrus (kvkAms xof^^), the ditliyrambic poet was 
 called KUK\ioSiSa.iTKa\os, and Arion is said to have 
 been the son of Ci/clcus. 
 
 Aristotle tells us that tragedy arose from the 
 recitations of the leaders of the dithyramb (oTro 
 TtSc i^apxovToiv rwv SiBvpdnSwv. Poet. 4), and 
 we know from Suidas that Arion was ihi' iiirci/tor 
 of the tragic st///c {rpayiKoS rp6'nov eupfTTjs, com- 
 pare Herod, i. 23). This latter statement seems to 
 refer to the fact that Arion introduced satyrs into 
 the dithyramb ; for the satyrs were also called 
 rgdyoi (Hesych. s. v. Tpiyovs'), so that rpayaiSid, 
 " the song of the satyrs," is the same as " the 
 satjTic drama." This tragic or satyric drama arose 
 from the leaders of the ditliyrambic chonis, as ar- 
 ranged by Arion. If we examine the use made of 
 this dith3Tanibic chorus by Aeschylus, we shall 
 eiisily see what is the meaning of Aristotle's state- 
 ment. In the tra^j'ic tiilogies of Aeschylus we 
 
 XOTS. 
 
 find a chonis and two actors. As tragedy arot 
 from the leaders of the dithjTamb, the first begii 
 ning would be when the poet, Thespis, as leadf 
 of his dith\Tarabic chonis, cither made long Ep 
 or narrative speeches, or conversed with his choru 
 The improvement of Aeschj'lus, then, was to intn 
 duce a dialogue between two of the eocarchi, wl 
 would thus become actors. Consequently, n 
 should expect that in the time of Aeschylus tl 
 dithjTambic chonis of 50 would be succeeded by 
 tragic chorus of 48, and two actors. And this w 
 find to be the case. If we examine the extai 
 trilogy — the Oresic.a — we find that the Agamcmru, 
 has a chorus of 12 old men ; the Cho'iphoroe, 
 chorus of either 12 or 15 women ; and the Eumen 
 dcs, a chorus of 15 furies: this would leave 9 or 
 for the chorus of the satyric drama appended to tl 
 trilogy, according as we take the smaller or greatf 
 number for the chorus in the Clioi'phoroe. It seeir 
 more probable that we should take the larger mm 
 ber : for it is probable that in most cases Aeschyh 
 woidd divide the main chonis of 48 into four sul 
 chonises of 12; for 24 was the nimiber of tli 
 comic chonis ; and as comedies were acted in sing 
 plays, it is not unlikely that they would assigTi I 
 a comic poet double the chorus used by the tragi 
 dian in his single plays or half his whole chnni 
 If so, the satj'ric drama might, as less importaii 
 bo contented with half the ordinary tragic choru 
 when the exigencies of the piece rendered it desi 
 able to increase the chorus from 12 to 15 in or 
 or more of the individual plays. Besides, if tl; 
 chorus of Stesichorus, which was antistrophic, an 
 therefore quadrangular, consisted of 48, as it is ni 
 improbable, and this choins of 48 was divided inl 
 rows of eight (as in ttavTa Sktw), six would be a 
 element of the regular chorus, and therefore a f 
 number to represent its least important part. Sc 
 on this subject M'ullcr, Eumenwlen, § 1. &c., froi 
 whose view the account here given differs in som 
 particulars. 
 
 The tragic chorus, though quadrangular, sti 
 mustered around the tliymclc or altar of Bacchus i 
 the theatre, thereby showing some last traces of i; 
 dithjTambic origin; and though the Ij-re was il 
 general accompaniment, it did not by any meai 
 repudiate the flute, the old accompaniment of tli 
 dithjTamb. When the choms consisted of 15, 
 entered the orchestra either in ranks three abreas 
 or in files five abreast ; in the fomier case it Wf 
 said to be divided Kara ^vyd, in the latter Kat 
 (TToixovs. No doubt a similar distinction was mad 
 in the case of the chonis of 12. 
 
 The expense of the chorus, as is stated in tl 
 article Choragus, was defrayed tiy the choragii 
 who was assigned to the poet by the archon. ) 
 the case of a dramatic chorus, the poet, if he ii 
 tended to represent at the Lenaea, applied to tl 
 king-archon ; if at the gi'eat Dionysia, to the chi' 
 archon, who " gave him a chonis," if his play w; 
 thought to deserve it, hence x^P^" SiSocai signifii 
 " to praise or approve a poet." (Plato, Rcsji. p. 38 
 c.) The successful poet was said to "receive tl 
 chorus." (Aristoph. Han. 94.) The comic dam 
 was not at first thought worthy of a public choni 
 but the chonis in that- species of drama was ; 
 first performed by amateurs (eScAoi'Tai, Aiisto 
 J'oet. v.), as was also the case with tlic lUth' 
 iamb in later times. (See Aristot. ProtiL xv. fl 
 lihrt. iii. 9.) [J. W. D.] 
 
 XOT~2 or XOET'2, a Greek measure of liqiiiil 
 
CHRYSENDETA. 
 
 CILICIUM. 
 
 227 
 
 Mch is stated by all the authorities to be equal 
 the Roman confjius, and to contain six ^iarai 
 sextarii ( = .5'9471 pints English). Suidas alone 
 akes a distinction between the x""^ ^ind the 
 oeus, making the former equal to two sextarii, 
 d the latter equal to six. Now when we re- 
 ember that the x^Cs was commonly used as a 
 rinking vessel at Athenian entertainments (Ari- 
 ■ioph. Acharn. v. 108(j, ed. Dind.), that on the day 
 f the x^^^ [Dioxysia], a prize was given to the 
 iTson who first drank o'S his xoi'Si ^i"'' that Milo 
 f Croton is said to have drunk three X''^^ of wine 
 t a draught (Athen. lib. x) ; it is incredible that 
 1 these cases the large x""^ mentioned above 
 riild be meant. It seems, therefore, pi-obable that 
 ii're was also a smaller measure of the siime name, 
 uit.aining, as Suidas states, two sextarii, =:]"9823 
 iiits English. At first it was most likely the com- 
 on name for a drinking vessel. According to 
 lates (in Allien, xi. p. 496), the x"''^ li'id origi- 
 illy a similar form to the Panathenaic am]iliorae, 
 id was also called ffeAifcrj. f Pollux, x. 73 ; Wumi, 
 Pond. M,;is. &c., p. i27. 13(). 141. 198; 
 ussey On Ant. Money, MaiJiures, &c. p. 211 — 
 13.) [P.S.] 
 XPE'0T2 AI'KH, a simple action for debt, was, 
 ki' most of the other cases arising upon an alleged 
 I'ach of contract, referred to the jurisdiction of 
 10 thesmothetac, when the sum in question 
 iiounted to more than ten drachmae. If ether- 
 ise, it fell under the cognizance of those itiner- 
 it magistrates, who were originally tiiirty in 
 imber, and styled accordingly ot TpiaKovra: but 
 tiTwards, in consequence of the odium attaching 
 this name, which had also served to designate 
 I' oligarchic tyrants, received an accession of ten 
 'lleagues and a corresponding change of title. (Pol- 
 x.viii. loo.) If the cause could be classed among 
 (' (ixfnjvoi Si'wai, as for instance, when the debt 
 ii>e upon a mercantile transaction, the thesmo- 
 letae would still have jurisdiction in it, though 
 le of the parties to the suit were an alien, ether- 
 ise it seems that when such a person was the de- 
 iudant, it was brought into the court of the pole- 
 arch. (Meier, Ati. I'roc. ,55.) If the cause were 
 ieated as a Si'/ct) 'EjUiropiKTj, as above-mentioned, 
 lie plaintiff would forfeit a sixth part of the sum 
 ■ntested, upon failing to obtain the votes of one- 
 th of the dicasts (Suid. s. v. 'Eirw&cAi'a) ; but we 
 ■e not infomied whether this regulation was 
 iiplicable, under similar circumstances, in all 
 i'osecutions for debt. The speech of Demo- 
 henes against Timotheus was made in a cause of 
 lis kind. [J. S. M.] 
 
 . XPT20T"2. [AuRUM.] 
 CHRYSE'NDETA, costly dishes used by the 
 omans at their entertainments. They are men- 
 oned several times by Martial (ii. 43, 1 1 ; vi. 
 1 ; xiv. 97), and from the epithet Jhwa wliich he 
 iplies to them, as well as from the et;v^llology of 
 e name, they appear to have been of silver, with 
 Iden ornaments. Cicero ( Veri: iv. c. 21 — 23) 
 antions vessels of this kind. He calls their 
 Iden ornaments in general stc/illa, but again dis- 
 iguishes them as critsiae and emhkmuta (c. 23) ; 
 e former were probably embossed figures or 
 asings fixed on to the silver, and the latter in- 
 d or wrought into it (compare c. 24 : Illu, c,r 
 li'liis et turibulis qiMC vellerat, ita scite in aureis 
 cults illigabat, ita apte in sq/phis aureis include- 
 t, &c.). The embossed work appears to be re- 
 
 ferred to by Paidlus {n/mhia argentek erustis Uli- 
 ijiitii. Dig. 34. tit. 2. s. 33), and the inlaid orna- 
 ments by Seneca, {aryentum, in quod soHdi aari 
 cudatitra desccnderit, Ep. v.). [P. S.] 
 
 X0O'NIA, a festival celebrated at Henuione in 
 honour of Demeter, sumamed Chthonia. The fol- 
 lowing is the description of it given by Pausanias 
 (ii.3.5. §4. &c.) : — " The inhabitants of Ilcrmionc 
 celebrate the Chthonia every year, in summer, in 
 tills manner : — They form a procession, headed by 
 the priests and magistrates of the year, who are 
 followed by men and women. Even for children 
 it is customary to pay homage to the goddess by 
 joining the procession. They wear white garments, 
 and on their heads they have chaplets of flowers, 
 which they call KoaixoaavhaKoi, which, however, 
 from their size and colour, as well as from the let- 
 ters inscribed on them recording tlie premature death 
 of Hyacinthus, seem to me to be hyacinths. Behind 
 tlie procession there follow persons leading by 
 strings an untamed heifer just taken from the herd, 
 and drag it into the temple, where four old women 
 perform the sacrifice, one of them cutting the 
 animaPs throat witli a scythe. The doors of the 
 temple, which during this sacrifice had been shut, 
 are thrown open, and persons especially appointed 
 for the puqiose, lead in a second heifer, then a 
 third and a fourth, all of which are sacrificed by 
 the matrons in the manner described. A curious 
 circumstance in this solemnity is, that all the heifers 
 must fall on the same side on which the first fell." 
 The splendour and rich offerings of this festival are 
 also mentioned by Aelian {Hist. Animal, xi. 4), 
 who, however, makes no mention of the matrons 
 of whom Pausanias speaks, but says that the sacri- 
 fice of the heifers was performed by the priestess 
 of Demeter. 
 
 The Lacedaemonians adopted the worsliip of 
 Demeter Chthonia from the Hermioneans, some of 
 whose kinsmen had settled in Messenia (Pans. iii. 
 14. § 5) ; hence we may infer that they celebrated 
 either the same festival as that of the Hermioneans, 
 or one similar to it. [L. S.] 
 
 XfTPA, an earthen vessel for common use, 
 especially for cooking. It was commonly left 
 unpainted, and hence an unprofitable labour was 
 described by the proverb X"'''P"'' TroiKiKkeiv. 
 (Athen. ix. p. 407 ; Suidas, .s. i\ X6rpa and "Ovov 
 TToKai: Panofka, Reclwnhcs, &c. i. 28.) [P.S.] 
 
 CI'DARIS. [Tiara.] 
 
 CILI'CIUM (Seppis), a hair-cloth. The mate- 
 rial of which the Greeks and Romans almost uni- 
 versally made this kind of cloth, was the hair of 
 goats. The Asiatics made it of camel's-hair. 
 Goats were bred for this purpose in the greatest 
 abundance, and with the longest hail', in Cilicia ; 
 and from this country the Latin name of such 
 cloth was derived. Lycia, Phiygia, Spain, and 
 Libya also produced the same article. The cloth 
 obtained by spinning and weaving goat's-hair was 
 nearly black, and was used for the coarse habits 
 which sailors and fishermen wore, as it was the 
 least subject to be destroyed by being wet ; also 
 for horse-cloths, tents, sacks, and bags to hold 
 workmen's tools [ fuhrdia vasu), and for the pur- 
 pose of covering military engines and the walls and 
 towns of besieged cities, so as to deaden the force 
 of tlie ram [Aries], and to preserve the wood- 
 work from being set on fire. (Aristotle, Hist. 
 Aniin. viii. 28; Aelian, xvi. 30; VnTrn, Dc He 
 Rust. ii. 11; Virgil, Georg. iii. 322 ; Avieni, 
 
2-28 
 
 CINCIA LEX. 
 
 CIPPUS. 
 
 Ora Mar. 218 — i^l ; Vegetius, Ars Vet. i. 
 
 Among the Orientals, sackcloth, which was with 
 them always haircloth, was worn to express morti- 
 fication and grief. After the decline of the Ro- 
 man power, it passed from its other uses to be so 
 employed in Europe also. Monks and anchorites 
 almost universally adopted the cilicium as fit to be 
 worn for the sake of humiliation, and they sup- 
 posed their end to be more complotrly attained if 
 this part of their raiment was never washed. 
 Hence Jerome {Epist. lib. iii), describing the life 
 of the monk Hilarion, says of his hair shirt, 
 " Saccum, quo semel fuerat indutus, nunquam 
 lavans, et superfluum esse dicens, munditias in 
 cilicio quaerere. [.J. Y.] 
 
 CI'NCIA LEX, or MUNERA'LIS. This 
 lex was a plebiscitum passed in the time of the 
 tribune M. Cincius Alimentus (b. c. "204), and 
 entitled De Donis et Munerihiis. (Cic. De Orat. ii. 
 71; Ad Att. i. 20.) One provision of this law, 
 which forbade a person to take anything for his 
 pains in pleading a cause, is recorded by Tacitus 
 (Ann. xi. 5), Ne qnis ob cuiifum oramhim pcrunuim 
 donumve accipiat. In the time of Augustus, the 
 lex Cincia was confirmed by a senatus-consultum 
 (Dion Cass. liv. 18), and a penalty of four times 
 the sum received was imposed on the advocate. 
 This fact of confirmation will explain a passiige in 
 Tacitus {Aim. xiii. 4"2). The law was so far modi- 
 fied in the time of Claudius, that an advocate was 
 allowed to receive ten sestertia ; if he took any 
 sum beyond that, he was liable to be prosecuted 
 for repetundae (npetundarum ifnebatur. Tacit. 
 Am/, xi. 7). [Repetundae.] It appears that 
 this permission was so far restricted in Trajan's 
 time, that the fee could not be paid till the work 
 was done. (Plin. Ej>. v. 21.) 
 
 So far the Cincian law presents no difficulty ; 
 but it appears that the provisions of the law were 
 not limited to the case already stated. They ap- 
 plied also to gifts in general ; or, at least, there 
 were enactments which did limit the amount of 
 what a person could give, and also required gifts 
 to be accompanied with certain formalities ; and it 
 does not seem possible to refer these enactments to 
 any other than the Cincian law. The numerous 
 contradictions and difficulties which perplex this 
 subject, are perhaps satisfactorily reconciled and 
 removed by the following conjecture of Savigny 
 ( Ueberdk Lex Cincia, Zeitschrift,&.Q. iv.): — "Gifts 
 which exceeded a certain amount were only valid 
 when made by mancipatio, in jure cessio, or by 
 tradition : small gifts consequently were left to a 
 person's free choice as before ; but large gifts (ex- 
 cept in the case of near relations) were to be .ac- 
 companied with certain formalities." The object 
 of the kw, according to Savigny, was to prevent 
 foolish and hasty gifts to a large amount; and con- 
 sequently was intended among other things to 
 prevent fraud. This was eifected by declaring 
 that certain forms were necessary to make the gift 
 valid, such as mancipatio and in jure cessio, both of 
 which required some time and ceremony, and so 
 allowed the giver opportunity to reflect on what he 
 was doing. These forms also could not be observed, 
 except in the presence of other persons, wliich was 
 an additional security against fraud. It is true 
 that this advantage was not secured by the law in 
 the case of the most valuable of things, nec mancijn, 
 namely, money, for the transferring of which bare 
 
 tradition was sufficient ; but, on the other hand, £ 
 gift of a large sum of ready money is one that peopk 
 of all gifts are least likely to make. The lex, how- 
 ever, was a complete protection against simple 
 stipulations ; that is, mere promises to give with- 
 out an actual completion of the promise at the time. 
 
 Savigny concludes, and principally from a pas- 
 sage in Pliny's letters (x. 3 ), that the Cincian law 
 originally contained no exception in favour of rela- 
 tives ; but that all gifts above a certain amouiil 
 required the fonnalities already mentioned. Tht 
 emperor Antoninus Pius introduced an exception ii 
 favour of parents and children, and also of neai 
 collateral kinsmen. It appears that this exceptior 
 was subsequently abolished (Cod. Hermog. vi. ]) 
 but was restored by Constantine (a. d. 319) sofai 
 as it was in favour of parents and children ; andsc 
 it continued as long as the provisions of the Cinciar 
 law were in force. 
 
 As to the amount beyond which the law forbadi 
 a gift to be made, except in conformity to its pro 
 visions, see Savigny, Zeitscliri/t. &ic. iv. p. 36. 
 
 The matter of the lex Cincia is also discussed u 
 an elaborate essay by Hasse (Rlieinisc/ies Museum 
 1827), which, together with the essay of Savigny 
 will furnish the reader with all the necessarj 
 references and materials for investigating this ob 
 scure subject. Anything further on the matte! 
 would be out of place here. 
 
 In every system of jurisprudence, some provi 
 sions seem necessary on the subject of gifts. Ii 
 our own system gifts are valid as against the giver 
 and though the general rule be that an agreemen 
 to give cannot be enforced, this rule is subject t 
 exceptions in the case of persons standing in a ccr 
 tain relation to the giver. 
 
 It might be conjectured that one object of tli. 
 Cincian law was to prevent deljtors from clieatiiii 
 their creditors by gifts of their property, or l)y pre 
 tended gifts ; but perhaps it would be difficult t' 
 est4iblish this point satisfactorily in the present stat 
 of our knowledge on this subject. [G. L.] 
 
 CINCTUS GABI'NUS. [Toga.] 
 CI'NGULUM. [Zona.] 
 CINERA'RIUS. [Calamistrum.] 
 CI'NERES. [FUNU.S.] 
 CI'NIFLO. [Calamistrum.] 
 CIPPUS was a low column, sometimes round 
 but more frequently rectangular. Cippi were use( 
 for various puqioses ; the decrees of the senate wep 
 sometimes inscribed upon them ; and with distance 
 engraved upon them, they also served as mile 
 stones. They were, however, more frequently eni 
 ployed as sepulchral nionmnents. (Pers. Sut. i.36'. 
 Several of such cippi are in the Tomily coUectio; 
 in the British Museum, one of which is given i. 
 the woodcut annexed. The inscription is to th 
 memory of Viria Primitiva, the wife of Luciu 
 Virius Helius, who died at the age of cightec! 
 years, one month, and twenty-four days. Belo\ 
 the tablet, a festoon of fruits and flowers is sus 
 pendcd from two rams' heads at the corners ; an^ 
 at the lower corners are two sphinxes, with a hea 
 of Pan in the area l)etween them. 
 
 On several cippi we find the letters S. T. T. L 
 that is. Sit tilji terra, levis, whence Persius, in th 
 passage already referred to, says, Non levior cippu 
 mine itiiprimit ossa. 
 
 It was also usual to place at one corner of tb 
 bur3'ing-ground a cippus, on which the extent < 
 the burying'-grouud was marked, towards the roa 
 
CIRCINUS. 
 
 CIRCUS. 
 
 /rmitc), and backwards to the fields {in agrum). 
 (llor. Sat. I. viii. 12.) 
 
 r— n 
 
 7 
 
 \ CIRCE'NSES LUDI. [Circus, p. 232.] 
 ,i d'RCINUS (Siag7)TT)s), a compass. The com- 
 pass used by statuaries, architects, masons, and 
 'carpenters, is often represented on the tombs of 
 Such artificers, together with the other instnmients 
 of their profession or trade. The annexed wood- 
 cut is copied from a tomb found at Rome. (Gruter, 
 Corp. Inscrip. t. i. part ii. p. ()44.) It exhibits two 
 kinds of compasses: viz., the conunon kind used 
 
 |For drawing circles and measuring distances, and 
 pne with curved legs, probably intended to mea- 
 sure the thickness of columns, cylindrical pieces of 
 wood, or similar objects. The common kind is 
 described by the scholiast on Aristophanes {Nub. 
 178), who compares its form to that of the letter A. 
 
 M M 
 
 The mythologists sujiposed this instrument to 
 have been invented by Perdix, who was the 
 nephew of Daedalus, and through envy thrown by 
 him over the precipice of the Athenian acropolis. 
 (Ovid, il/c?. viii. 241 — 2.51.) Compasses of vari- 
 ous forms were discovered in a statuary's house at 
 Pompeii. [J. Y.] 
 
 CIRCITO'RES. [Castra, p. 205.] 
 CIRCUMLI'TIO. [PicTURA.] 
 CIRCUMLU'VIO. [Alluvio.] 
 CIRCUITO'RES. [Castra, p. 20,5.] 
 CIRCUS. When Tarquinius Priscus had taken 
 the town of Apiolae from the Latins, as related in 
 the early Roman legends, he commemorated his 
 success by an exhibition of races and pugilistic 
 contests in the Murcian valley, between the Pala- 
 tine and Aventine hills; around which a num- 
 ber of temporary platfonus were erected by the 
 patres and equites, called spectaaila, fori, or 
 fbruli, from their resemblance to the deck of a 
 ship ; each one raising a stage for himself, upon 
 which he stood to view the games. (Liv. i. 35 ; 
 Festus, s. V. Forum ; Dionys. iii. p. 192, &c.) 
 This course, with its sun-ounding scaffoldings, 
 was tenned circus ; either because the spectators 
 stood round to see the shows, or because the pro- 
 cession and races went round in a circuit. ( Varro, 
 De Lin(j. Lai. v. 153, 154. ed. Miiller.) Previous- 
 ly, however, to the death of Tarquin, a permanent 
 building was constnicted for the purpose, with re- 
 gular tiers of seats in the form of a theatre. (Com- 
 pare Liv. and Dionys. //. cc.) To this the name of 
 Circus Maximus was subsequently given, as a dis- 
 tinction from the Flaminian and other similar 
 buildings, which it surpassed in extent and splen- 
 dour ; and hence, like the Campus Martins, it is 
 often spoken of as the Circus, without any distin- 
 guishing epithet. 
 
 Of the Circus Maximus scarce!}' a vestige now 
 remains, beyond the pal]i;ilile evidence of the site 
 it occupied, and a few masses of ruVible-work in a 
 circular form, which may be seen under the walls 
 of some houses in the Via de" Cerchi, and which 
 retain traces of having supported the stone seats 
 (Dionys. I. c.) for the spectators. This loss is for- 
 tunately supplied by the remains of a small circus 
 on the Via Appia, commonly called the Circus of 
 Caracalla, the ground-plan of which, together with 
 much of the superstructure, remains in a state of 
 considerable preservation. The ground-plan of the 
 circus in question is represented in the annexed 
 woodcut ; and may be safely taken as a model of 
 all others, since it agrees in every main feature, 
 both of general outline and individual parts, with 
 the description of the Circus Maximus given by 
 Dionysius (iii. p. 192). 
 
 Around the double lines (A, A) were arranged j which were separated from the ground by a podium, 
 the seats ((iradns, sedilia, stdafllia), as in a thea- 1 and the whole divided longitudinally by praecinc- 
 |tre, termed" collectively the cavca ; the' lowest of \ tiuiivs, and diagonally into cunei, with their voiui- 
 
230 
 
 CIRCUS. 
 
 CIRCUS. 
 
 toria attached to each. Towards the extremity of 
 the upper braiicli of the anva, the general outline 
 is broken by an outwork (B), which was probably 
 the pulrinar, or station for the emperor, as it is 
 placed in the best situation for seeing both the 
 connnencemcnt and end of the course, and in the 
 most prominent part of the circus. ( Suet. Claiul. 4.) 
 In the opposite branch, is observed another in- 
 terruption to the uniform line of seats (C), be- 
 tokening also, from its constmction, a place of 
 
 distinction ; which might have been assigned to the 
 person at whose expense the games were given 
 (^editor s]>edav/ilorum). 
 
 In the centre of the area was a low wall (D) 
 running lengthways down the course, which, from 
 its resemblance to the position of the dorsal bone 
 in the human frame, was termed s]>imi. (Cassiodor. 
 Var. Ep. iii. 51.) It is represented in the wood- 
 cut sulijoined, taken from an ancient bas-relief. 
 
 At eacli extremity of the spina were placed, 
 upon a base (E, E), three wooden cylinders, of a 
 conical shape, like cj-press trees {>miasi/w imitata 
 cupressus, Ovid, Met. x. 106' ; compare Plin. H.N. 
 xvi. ()() ), which were called nirftic — the goals. 
 Their situation is distinctly seen in the preceding 
 woodcut, but their fonn is more fully developed in 
 the one annexed, copied from a marble in tlie 
 British Museum (Chamber i, No. 60). 
 
 The most remarkable object upon the spina were 
 two columns (F) supporting seven conical balls, 
 whicii, from their resemblance to eggs, were called 
 om. (Varro, De lie Ilust. i. "2. § 11 ; Liv. xli. 27.) 
 These are seen in the woodcut representing the 
 s|)ina. 'i'lieir use was to enaljle the spectators to 
 count the number of rounds which had been run ; 
 for wliich ])iui.)ose they are said to have been first 
 introduced by Agrippa (Dion Cass. xlix. p. (JOO), 
 though Livy speaks of them long before (xli. 27). 
 They are, therefore, seven in number, such being 
 
 the number of the circuits made in each race ; and 
 as each round was run, one of the ova was put up 
 (Cassiodor. Var. Ep. iii. .51) or taken down, ac- 
 cording to Varro {Dc lie Rust. i. 2. § 11). Aji egg 
 was adopted for this pm-jjose, in honour of Castor 
 and Pollux. (Tertull. Dc Spedac. c. 8.) At the 
 other extremity of the spina were two similar 
 columns ((i), represented also in the woodcut 
 over the second chariot, sustaining seven dolphins, 
 termed delpliinae, or ddphinurum columnac (Juv. 
 Sat. vi. 590), which do not appear to have 
 been intended to be removed, but only placed 
 there as corresponding ornaments to the ova*; 
 and the figure of the dolphin was selected in 
 honour of Neptune. (Tertull. /. c ) Some 
 writers sup])ose the columns which supported the 
 ova and di-lphiiuif to be the phakic or falac, which 
 Juvenal menti<ms (/. c). But \hc pkaUie were not 
 columns, lint towers, erected as circumstances re- 
 quired, between the ntviae and curipua, or extreme 
 circuit of the area, when sham-fights were repre- 
 sented in the circus. (Compare Festus, s.i\ I'halue; 
 Servius, ad Virt/. Acn. ix. 705 ; Ruperti, ad .Juv. 
 I. c). Besides these, the spina was deconited with 
 many other oljjects, such as obelisks, statues, altars, 
 and temples, which do not appear to have had any 
 fixed locality. 
 
 It will be observed in the ground-plan that there 
 is a passage between the mdae and spina, the ex- 
 treme ends of the latter of which are hollowed out 
 into a circular recess: and several of the ancient 
 sculptures aiford similar examples. This might have 
 been for performing the sacrifice, or other offices of 
 religious worship, with which the games com- 
 menced ; particularly as small chapels can still be 
 seen under the 7Hetac, in which the statues of some 
 
 * In the Lyons mosaic, subsequently noticed in 
 the text, the dc/pi/dnae are represented as fountains 
 spouting water ; but in a bas-relief of the Palazzo 
 Barberiiii (Fabretti. Sj/n/aijm. dc Column J'nijani, 
 p. 144), a ladder is placed against the columns 
 which support the dolphins, apparently for the pur- 
 pose of ascending to take them up and down. 
 
CIRCUS. 
 
 divinities must have been pliiced. It was probably 
 under tlic first of these spaces that the altar of the 
 n;od Cuiisus was concealed (Tertull. Dc Spcdac. 
 c. 5), which was excavated upon each occasion of 
 these games. (I)ionys. ii. p. 97.) 
 
 At the extremity of the circus in which the two 
 horns of the cavea tcmiinate, were placed the stalls 
 for the horses and chariots (II, H), commonly 
 called careen's at, and subsequently to, the age of 
 Varro : but more anciently the whole line of build- 
 ings which confined this end of the circus was 
 termed ojypidum; because, with its gates and 
 towers, it resembled the wallsofato^\^l (Festus, 
 s. t), ; Varro, De Liuij. IM. v. 153) ; which is forci- 
 bly illustnitcd by the circus under consideration, 
 where the two towers (I, I) at each end of the 
 careens are still standing. The number carcercs 
 is supposed to have been usually twelve (Cassiodor. 
 Var. Ep. iii. 51), as they are in this plan ; but in 
 the mosaic discovered at Lyons, and published by 
 Artjiud {Drscrijition tVun jMusaiijitc, &c. Lyon. 
 IHOy), there are only eight.* They were vaults, 
 closed in front by gates of open wood-work 
 (ca/icel/i), which were opened simultaneously upon 
 the signal being given (Dionys. iii. p. l'J'2; Cas- 
 siodor. /.e.; compare Sil. Ital. xvi. 316), by re- 
 moving a rope {S mrKriy^, Dionj'S. Z. c. ; compare 
 Schol. ad T/icocr. Idi/I. viii. 57) attached to pilas- 
 ters of the kind called Ilcrmac, placed for that pur- 
 pose between each stall ; upon which the gates 
 were inunediately thrown open by a number of men, 
 probably the armrntarii, as represented in the an- 
 nexed woodcut, taken from a very curious marble 
 in the Museo Borgiano, at Velletri ; which also re- 
 presents most of the other peculiarities above-men- 
 tioned as appertaining to the carceres. 
 
 CIRCUS. 
 
 231 
 
 In the mosaic of Lyons the man is represented 
 apparently in the act of letting go the rope 
 {SairKriy^) in the manner described by Dionysius 
 (/. c). The cut below, which is from a marble in 
 the British Museum (Chamber xi. No. 10), re- 
 presents a set of four carceres, with their llermac, 
 and cancelli open, as left after the chariots had 
 
 started ; in whicli the gates are made to open in- 
 wards. 
 
 The preceding account and woodcuts will be 
 sufficient to explain the meaning of the various 
 words by which the carceres were designated in 
 poetical language, wameXy, claustra (Stat. Th'b. vi. 
 399; Hor. Epist. l. xiv. 9),cri/pta (Sidon. Carm. 
 xxiii. fauces (Cassiodor. Var. Epist. iii. 51), 
 
 ostia (Auson. Epiat. xviii. fores aira'ris (Ovid, 
 Trld. V. ix. 29), repay da (Id. Met. ii. 155; Sil. 
 Ital. xvi. 318^, timina equoruiti (Id. xvi. 317). 
 
 It will not fail to be observed that the line of 
 the carceres is not at a right angle with the spi//a, 
 but fonns the segment of a circle, the centre of 
 which is a point on the right hand of the arena ; the 
 reason for which is obviously that all the chariots 
 might have, as nearly as possible, an equal dis- 
 tance to pass over between the carceres and mouth 
 of the course. Moreover, the two sides of the 
 circus are not parallel to each other, nor the s)ii?ia 
 to either of tliem ; but they are so planned tliat 
 the course diminishes gradually from the month at 
 (J), until it readies the corresponding line at the 
 opposite side of the spina (K), where it is narrower 
 by thirty-two feet. This might have proceeded 
 from economy, or be necessary in the present in- 
 stance on account of the limited extent of the cir- 
 cus ; for as all the four, or six, chariots would 
 enter the mouth of the course nearly abreast, the 
 greatest width would be required at that spot ; but 
 as they got down the course, and one or more took 
 the lead, the same width woidd be no longer 
 necessary. 
 
 The carceres were divided into two sets of six 
 each, accurately described by Cassiodorus (l. c.) as 
 bisscna usiia, by an entrance in the centre (L), 
 called porta pompae ; because it was the one 
 through which the Circensian procession entered, 
 and which, it is inferred from a passage in 
 Ausonius (Ejiiisi. xviii. 12), was always open, 
 fonning a thoroughfare through the circus. Be- 
 sides tills entrance, there were four others, 
 two at the tennination of the seats between 
 the cavea and the ojipidiim (M, M), another at 
 (N), and the fourth at (U), under the vault of 
 which the fresco decorations are still \-isible. This 
 is supposed to be the Porta Triiwijijialis, to which 
 its situation seems adapted. One of the others 
 was thi}Eorta LUiitineusis (Laniprid. Commod. IC), 
 so called because it was the one through which the 
 dead bodies of those kiUed in the games were car- 
 ried out. (Dion Cass. Ixxii. p. 1222.) 
 
 Such were the general features of a circus, a8 
 far as regards the interior of the fabric. The area 
 had also its divisions appropriated to particidar 
 purposes, with a nomenclature of its own attached 
 to each. The space immediately before tlie oji}ii- 
 dum was teniied circus primus ; that near the iiiela 
 prima, circus interior or iidimus (Varro, De Ling. 
 Lat. V. 154), which latter spot, in the Circus 
 Maximus, was also termed ad Murcim, or ad 
 Mtirciam, from the altar of Venus Murtia, or 
 Murcia, placed there. (Compare Apuleius, Met. vi. 
 p. 395. ed. Oudendorp ; Tertull. de i^pectac. 8 ; 
 Miiller, ad Vurron. I.e.) The term arena belongs 
 to an amphitheatre ; and it is therefore probable 
 that it was applied in the circus to the large open 
 
 * This mosaic has several peculiarities. Most 
 of the objects arc double. There is a double set 
 of ova and delpliinae, one of each sort at each end 
 
 of the spina — and eight chariots, that is a double 
 set, for each colour, are inserted. 
 
232 
 
 CIRCUS. 
 
 CIRCUS. 
 
 space between the cwceres and prima meia, when 
 the circus was used for the exhibition of athletic 
 games, for wliich the locality seems best adapted ; 
 but in Silius Italicus (xvi. 415) it is put for the part 
 downi the spina. When the circus was used for 
 racing, the course was tenned spalinm (Juv. Sut. 
 vi. 582) or spudia, because the match included more 
 than one circuit. (Virg. Aen. v. 316. 325. 327 ; 
 Georg. i. 513 ; Stat. Thcb. vi. 594 ; Hor. Ej^vit. i. 
 xiv. 9 ; compare Sil. Ital. xvi. 330.) It is also called 
 campus (Sil. xvi. 391), and poetically aequor 
 {Id. 414). 
 
 At the entrance of the course, exactly in the 
 direction of the line (J, K), were two small pe- 
 destals ijiermidi) on each side of the podium, to 
 which was attached a chalked rope («//;« liuea, 
 Cassiodor. /. c), for the purjjose of making the 
 stiirt fair, preciselj' as is practised at Rome for the 
 horse-races during Camcval. Thus, when the 
 doors of the cureeres were thrown open, if any of 
 the horses i-ushed out before the others, they were 
 Ijriuight up by this rope until the whole were fairly 
 abreast, when it was loosened from one side, and 
 all poured into the cnurse at once. In the Lyons 
 mosaic the alha /inni is distinctly traced at the 
 spot just mentioned,* and one of the chariots is 
 observed to be upset at the very place, whilst the 
 others pursue their course. The writer has often 
 seen the same accident happen at Rome, when an 
 over eager horse rushes against the rope and gets 
 thrown down. This line, for an obvious reason 
 (Plin. //. A^. XXXV. 58), was also called calx, and 
 creta, (Cic. De Am. 27 ; Seneca, Epist. 108), from 
 whence comes the allusion of Persius {Sat. v. 177), 
 cretuta ambitio. The metae served only to regidate 
 the turnings of the course, the alba liuea answered 
 to the starting and winning post of modem days^ — 
 " peracto legitime cursu ad creium stetere." (Plin. 
 H. jV. viii. G5 ; and compare xxxv. 58.) Hence 
 the metaphor of Cicero {Sciicct. 23), " quasi decurso 
 spatio ad carcercs a calce revocari and of Horace 
 {Ejiist. I. xvi. 79), "mors ultima linea rerum." 
 (Compare Lucret. vi. 92.) 
 
 From this description the Circus Maximus dif- 
 fered little, except in size and nuigniticence of em- 
 liellislinient. But as it was used for hunting wild 
 lieasts, Julius Caesar drew a canal, called Euripus, 
 ten feet wide, around the bottom of tlie padiuui, to 
 protect the spectators who sat there (Dionys. iii. 
 p. 192 ; Suet. Jul. 39), which was removed by 
 Nero (Plin. H. N. viii. 7), but subsequently re- 
 stored by other princes. (Lamprid. Jlelujyab. 23.) 
 It possessed also another variety in three open 
 galleries, or balconies, at the circular end, called 
 meniana or maoiiana. (Suet. fa/. 18.) The num- 
 bers which the Circus Maximus was capable of 
 containing;, are computed at 150,000 by Dionysius 
 (iii. p. l!/2), 2(iO,(l()0 by Pliny {H. N. xxxvi. 24. 
 § 1 ), and ;!(;;),(HIO by P. Victor (Rtyio xi.), all of 
 which are proljably correct, but have reference to 
 different periods of its history. Its very great ex- 
 
 * A second one is also drawn across the course, 
 exactly half way down the spina, the object of 
 which has not been explained by the publisher of 
 the mosaic. It has been observed that this is a 
 double race ; aiid as the circus represented was 
 probably too narrow to admit of eight chariots 
 starting abreast, it became necessary that an alba 
 linea, should be drawn for each set ; and conse- 
 quently one in advance of the other. ] 
 
 tent is indicated by Juvenal {Sat. xi. 195). Its 
 length, in the time of Julius Caesar, was three 
 stadia, tlie width one, and the depth of the build- 
 ings occupied half a stadium (Plin. /. c), which is 
 included in the measurements given by Dionysius 
 (iii. p. 192), and thus exactly accounts for the 
 variation in his computation. 
 • When the Circus Maximus was permanently 
 formed by Tarquinius Priscus, each of the thirty 
 curiae had a particular place assigned to it (Dionys. 
 iii.p.l92); which separation of the orders is consider- 
 ed by Niebuhr to account for the origin and purpose 
 of the Circus Flaminius, which he thinks was 
 designed for the games of the commonalty, who in 
 early times chose their tribunes there, on the Fla- 
 minian field. {Hist. Hum. vol. i. p. 42li. transl.) Be 
 that as it may, in the latter days of the repuhbc 
 these invidious distinctions were lost, and all classes 
 .sat promiscuously in the circus. (Suet. Aiui. 44.) 
 The scats were then marked off at intervals by a 
 line or groove drawn across them (linea), so that 
 the space included between two lines afforded sit- 
 ting room for a certain number of spectators. 
 Hence the allusion of Ovid {Amur. in. ii. 19): — 
 
 Quid frustra refugis? cogit nos liuea jungi. 
 (Compare Ovid. Art. Amul. i. 141.) As the seats 
 were hard and high, the women made use of a 
 cushion (pulviuus), and a footstool (scamnum, scor 
 bellum, Ovid. Art. Amut. i. 160. 162), for which 
 purpose the railing which ran along the upper edge 
 of each praecinctio was used by those who sat im- 
 mediate!}' above it. (Ovid. Amor. iii. ii. 64.) But 
 under the emperors, when it became necessary to 
 give an adventitious rank to the upper classes by 
 privileges and distinctions, Augustus first, then 
 Claudius, and finally Nero and Domitian, again 
 separated the senators and equites from the com- 
 mons. (Suet. AiKj. 44; Claud. 21; Nero, 11; 
 Domil. 8. ) The seat of the emperor — pvhinar 
 (Suet. 45 ; Claud. A), cubiculum Nero, 
 12), was most likely in the same situation in the 
 Circus Maxiums, as in the one above-described. It 
 was generally npon the podiuyn ; unless when he 
 presided himself, which was not always the case 
 (Suet. Neru, I. c); but then he occupied the ele- 
 vated tribunal of the president (sM//_(/es<«s), over the 
 /Mjrta pompae. The consuls and other dignitaries 
 sat above the carceres (Sidon. Carm. xxiii. 317), 
 indications of which seats are seen in the upper 
 woodcut on page 231. The rest of the ojtjiidum 
 was probably occu])icd hy the musicians and per- 
 sons who formed part of the pompa. 
 
 The exterior of the Circus Maximus was sur- 
 rounded by a portico one story high, above which 
 were shops for those who sold refreshments. 
 (Dionys. iii. p. 192.) Within the portico were 
 ranges of dark vaidts, which supported the seats 
 of the cavea. These were let out to women of the 
 town, (Juv. Sat. iii. 65 ; Lamprid, Heluujab. 2C.) 
 
 TheCircensian games {Ludi Circenses) were first 
 instituted b_y Ronudus, according to the legends, 
 when he wished to attract the Sabine population to 
 Rome, for the purpose of furnishing his own people 
 with wives (Val. Max. ii. 4. § 3), and were cele- 
 brated in honour of the god Census, or Neptunus 
 Equestris, from whom thej' were styled Consuahs. 
 (Liv. i. 9.) But after the construction of the 
 Circus Maximus, they were called indiscriminately 
 Circenses (Servius, ad Virg. Georg. iii. \S),Iiomam, 
 or Magni. (Liv. i. 35.) They embraced six kinds 
 of games: — 1. CiRsus ; II. Lrnus Tro.i.\e ; 
 
CIRCUS. 
 
 CIRCUS. 
 
 233 
 
 III. PUGNA EclUESTRlS ; IV. CeRTAMEN CiVM- 
 
 NICUM ; V. Venatio; VI. Naumachia. The 
 two last were not peculiar to the circus, but were 
 exhibited also in the amphitheatre, or in buildings 
 appropriated i'or them. 
 
 The games commenced with a grand procession 
 (Pompa Cin-e/ifix), in which all those who were 
 about to exhibit in the circus, as well as persons of 
 I distinction, bore a part. The statues of the gods 
 foiTiied the most conspicuous feature in the show, 
 which were paraded upon wooden platforms, called 
 firmla and tlwiifac. (Suet. Jul. 7().) The fonner 
 were bonie upon the shoidders, as the statues of 
 saints are carried in modem processions (Cic. De 
 Off', i. 36 ) ; the latter drawn along upon wheels, 
 and hence the therisa which bore the statue of 
 Jupiter is tenned Jovis pluustrum by Tertullian 
 (De Sficdac. 7), and Aios oxoi, by Dion Cassius 
 (p. 608). The fonner were for painted images, or 
 those of bght material ; the latter, for the heavy 
 statues. The whole procession is minutely de- 
 scribed by I)i(mysius (vii. 457, 458). Compare 
 Uvid, Amor. in. ii. 43. &c. 
 
 I. CuRsu.s, the races. The carriage usually 
 employed in the circus was drawn by two or four 
 horses [bigu, qiuidriiju). [Biga ; Bioatus.] 
 
 The usual number of chariots which started for 
 each race, was four. The drivers {auriyae, ayitatores) 
 were also divided into four companies, each 
 distinguished by a ditferent colour, to repre- 
 sent the four seasons of the year, and called a 
 /adiij (Festus, s. v.): thus /actio prasiiia, the 
 green, represented the spring, whence (Juv. Sat. 
 xi. 196') " Eventum virulk quo colligo panyii 
 /actio russata, red, the summer ; /actio ve.ywta, 
 azure, the autumn ; and /u-iio alba or alliata, 
 white, the winter. (Tertull. De Spetac. 9 ; compare 
 the authorities quoted by Ruperti, ail Juv. vii. 
 112.) Originally there were but two factions, 
 ulbata and russata (Tertull. /. ('.),and consequently 
 only two chariots started at each race. Domitian 
 subsequently increased the whole number to six, 
 by the addition of two new factions, aurata and 
 purpurea (Suet. Dom. 7) ; but this appears to have 
 been an exception to the usual practice, and not in 
 general use. The driver stood in his car within 
 the reins, which went round his back. This 
 enabled him to throw all his weight against the 
 horses, by leaning backwards ; but it greatly en- 
 hanced his danger in case of an upset, and 
 c;msed the death of Hippolytus. (Eur. Hipp. 
 1"230. cd. Monk ; compare Ovid. Met. xv. 524.) 
 To avoid this peril, a sort of knife or bill-hook was 
 i carried at the waist, for the purpose of cutting the 
 reins in a case of emergency, as is seen in some of 
 the ancient reliefs, and is more clearly illustrated 
 in the annexed woodcut, copied from a fragment 
 formerly belonging to the Villa Negroni, which also 
 aiiords a specimen of the dress of an uuriija. The 
 torso only i-emains of this statue ; but the head is 
 supplied from another antique, representing an 
 auriga, in the Villa Albani. 
 
 When all was ready, the doors of the carceres were 
 flung open, and the chariots were fonned abreast of 
 the alia liiiea hy men called moratorcs from their 
 dut}' ; the signal for the start was then given by 
 the person who presided at the g-ames, sometimes 
 by sound of trumpet (Ovid. il/e/. x. 652 ; Sidon. 
 farm, xxiii. 341 ), or more usually by letting fall 
 a napkin {mnppa. Suet. Nero., 22 ; Mart. Ep. xii. 
 xxix. 9), whence the Circensian games are called 
 
 spectacula maf^pa^. (Juv. Sat. x\. 191.) The origin 
 of this custom is founded on a story that Nero, 
 while at dinner, hearing the shouts of the people 
 who were clamorous for the course to begin, threw 
 down his napkin as the signal. (Cassiodor. Var. 
 Ep. iii. 51.) The alba tinea was then cast 
 off, and the race commenced, the extent of 
 which was seven times round the spina ( Varro, ap. 
 Gell. III. X. 6), keeping it always on the left. 
 (Ovid, Amor. Ul. ii. 72 ; Sil. Ital. xvi. 362.) A 
 course of seven circuits was termed umts 7nissus, 
 and twentj'-five was the mmiber of races ran in 
 each day, the last of which was called missus aera- 
 rius, because in early times the expense of it was 
 defrayed by a collection of money (aes) made 
 amongst the people. (Servius, of/ Virg. Georg. iii. 
 18 ; compare Dion. Cass. lix. p. 908.) Upon one 
 occasion Domitian reduced the number of circuits 
 from seven to five, in order to exhibit 100 missus 
 in one day. (Suet. Dom. 4.) The victor descend- 
 ed from his car at the conclusion of the race, and 
 ascended the spina, where he received his reward 
 {bravium, from the Greek fipaSeiov, Paul, ad 
 Corinth. I. ix. 24), which consisted in a consider- 
 able sum of money (Juv. Sat. vii. 113, 114. 243 ; 
 Suet. Claud. 21), which accounts for the great 
 wealth of the charioteers to which Juvenal alludes, 
 and the trath of which is testified by many sepul- 
 chral inscriptions. 
 
 A single horseman, answering to the kcAtjs of 
 the Greeks, attended each chariot, the object of 
 which seems to have been twofold ; to assist his 
 companion by urging on the horses, when his hands 
 were occupied in managing the reins, and, if neces- 
 sary, to ride forward and clear the course, as seen 
 in the cut from the British Museum representing the 
 metae, which duty Cassiodoras ( Var. Ep. iii. 51) 
 assigns to him, with the title of ei/uus desultorius. 
 Other writers apph' that term to those who prac- 
 tised feats of horsemanship in the circus, leaping 
 from one to another when at their speed. (Compare 
 Suet. .Jul. 39 ; Cic. Pro Muren. 27 ; Dionys. p. 
 462 ; Panvin. Dc Liid. Circfiis. i. 9. ) In otlier 
 respects, the horse-racing followed the same rules 
 I as the chariots. 
 
234 
 
 CISTA. 
 
 CI VITAS (GREEK). 
 
 The enthusiasm of the R(imans for these races 
 exceeded all bounds. Lists of the horses {lihe/la), 
 with their names and colours, and those of the 
 drivers, were handed about, and heavy bets made 
 upon each faction (Ovid, Art. Amat. i. 1C7, 10"8 ; 
 Juv. Sat. xi. 200 ; Mart. Ep. XL i. 15) ; and some- 
 times the contests between two parties broke out 
 into open violence and bloody quarrels, until at 
 last the disputes which originated in the circus, 
 had nearly lost the Emperor Justinian his crown. 
 (Gibbon, c. 40.) 
 
 II. LuDus Tro.tae, a sort of sham-fight, said 
 to have been invented by Aeneas, performed by 
 young men of rank on horseback ( Tacit. A ««. xi. 1 1 ), 
 often exhibited by Augustus and succeeding em- 
 perors (Suet. Auy. 43; Nero, 7), which is describ- 
 ed by Virgil {Aeii. v. 553, &c.). 
 
 III. PuGNA EQUKsTRis ET Pedestrir, a re- 
 presentation of a battle, upon which occasions a 
 camp was fonned in the circus. (Suet. Jul. 39 ; 
 Dom. 4.) 
 
 IV. Certamen gymnicum. See Athletae, 
 and the references to the articles there given. 
 
 V. [Venatio.] VI. [Naumachia.] 
 
 The pompa circensis was abolished by Con- 
 stantine, upon his conversion to Christianity ; 
 and the other games of the circus by the Goths 
 (a. d. 410); but the chanot races continued at 
 Constantinople until that city was besieged by 
 the Venetians (a. d. 1204). (Nieupoort, Kit. 
 Horn. iv. 5. § 2.) [A. R.] 
 
 CIRCUMVALLA'TIO. [Vallum.] 
 
 CrSIUM, a gig, i. e. a light open carriage with 
 two wheels, adapted to carry two persons rapidly 
 from place to place. Its fonn is sculptured on the 
 monumental column at 
 Igel, near Treves (seo 
 woodcut). It had a box 
 or case, probably under 
 the seat. (Festus, s.v. Plo- 
 xinum.) The cisia were 
 quickly drawn by mules 
 {(isi volantis, V'irg. Catal. 
 viii. 3 ; Cic. Phil. ii. 31). Cicero mentions the case 
 of a messenger who travelled 56 miles in 10 
 hours in such vehicles, which were kept for hire at 
 the stations along the great roads ; a proof that the 
 ancients considered six Roman miles per hour as 
 an extraordinary speed. {Pro Roscio Amcr. 7.) 
 The conductors of these hired gigs were called 
 dsii/rii, and wore subject to penalties for careless or 
 dangerous driving. (Ulpian, xiii.) [J. Y.] 
 
 CISTA (/ci'o-Tr;) was a small box or chest, in 
 which an_vthiug might lie placed ; but the term was 
 more particularly applied, especially among the 
 Greeks, to the small boxes which were carried in 
 procession in the festivals of Demeter and Dionysus. 
 These boxes, which were alwaj's kept closed in the 
 public processions, contained sacred things con- 
 nected with the worship of these deities. (Ovid, 
 Dc Art. Amat. ii. O'Oy ; Catull. Lxiv. 260 ; Tibull. 
 1. vii. 48.) 
 
 In the representations of the Dionysian proces- 
 sions, which frequently fonn the subject of paint- 
 ings on ancient vases, women carrying cistae are 
 constantly introduced. From one of these paint- 
 ings, given by Millin in his Peinturcs de Vases 
 Antiques, the following woodcut is taken ; and a 
 similar figure from the same work is given on page 
 173. 
 
 CISTO'PHORUS (/f«rTo0o>s), a sil ver coin, 
 which is supposed to belong to Rhodes, and which 
 was in general circulation in Asia Minor at the 
 time of the conquest of that country by the Ro- 
 mans. (Liv. xxxvii. 46. 58 ; xxxix. 7 ; Cic. Ad 
 Ait. ii. 6 ; xi. 1.) It took its name from the de- 
 vice upon it, which was either the sacred chest 
 (cista) of Bacchus, or more probably a flower called 
 kkttSs. Its value is extremely uncertain, as the 
 only infonnation we possess on the subject is in 
 two passages of Festus, which are at variance with 
 each other, and of which certainly one, and pro- 
 bably the other, is corrupt. ( Festus, s. ?>. Euhoicum 
 Talentum, and T<driitorum von, &c. ; see MUller's 
 notes.) Mr. Ilussey (p. 74, 75), from existhig 
 coins which he takes for cistopliori, determines it 
 to be about ^ of the later Attic drachma, or Ro- 
 man denarius of the republic, and worth in our 
 
 money about 1\d. [P. S.] 
 
 CI'THARA. [Lyra.] 
 CIVI'LE JUS. [Jus Civile.] 
 CIVI'LIS ACTIO. [Actio, p. 8.1 
 CIVIS. [Civitas.] 
 
 CI'VITAS (GREEK). (noAirei'o.) In the 
 third book of the Politics, Aristotle commences 
 his inquiry into the nature of states with the 
 question, "What constitutes a citizen?" (iro- 
 AiTTji). He defines a citizen to be one who is a 
 partner in the legislative and judicial power (fieVo- 
 Xos Kpiae&is Koi dpxv^)- No definition will 
 equally apply to all the different states of Greece, 
 or to any single state at different times ; the 
 above seems to comprehend more or less properiy 
 all tliose whom the common use of language en- 
 titled to the name. 
 
 A state in the heroic ages was the government 
 of a prince ; the citizens were his subjects, and 
 derived all their privileges, civil as well as religi- 
 ous, from their nobles and princes. Nothing 
 could have been further from the notions of 
 those times, than the ideas respecting the 
 natural equality of freemen which were con- 
 sidered self-evident axioms in the democracies 
 of an after-period. In the early governments there 
 were uo formal stipulations ; the kings were 
 
CIVITAS (GREEK). 
 
 amenable to the gods alone. The shadows of a 
 'council and asscniblj' were already in existence, 
 but their business was to obey. Connnunity of 
 laiifjuage, of religion, and of legal rights, as far 
 as they then existed, was the bond of union ; 
 and their privileges, such as they were, were 
 readily granted to naturalised strangers. Upon 
 the whole, as Wachsmuth has well observed, the 
 notion of citizenship in the heroic age only existed 
 so far as the condition of aliens or of domestic 
 slaves was its negative. 
 
 The rise of a dominant class gradually over- 
 threw the monarchies of ancient Greece. Of such 
 a class, the chief characteristics were good birth 
 and the hereditary transmission of privileges, 
 the possession of land, and the perfonnance of 
 military service. To these characters the names 
 yd/xopoi, (TTTrcis, evTrarp'tSai, &c. severally corre- 
 spond. Strictly speaking, these were the only 
 citizens; yet the lower class were quite distinct 
 from bondmen or slaves. It commonly happened 
 that the nobility occupied the fortified towns, 
 wliile the Srjfj.os lived in tlie country and followed 
 agricultural pursuits ; whenever the latter were 
 gatliered within the walls and became seamen or 
 liaudicraftsmen, the ditference of ranks was soon 
 lost, and wealth made the only standard. The 
 quarrels of the nobility among themselves, and the 
 jidmixtiu'e of population arising from immigrations, 
 all tended to raise tlie lower orders from their 
 political subjection. It must be remembered, too, 
 that the possession of domestic slaves, if it placed 
 tliem in no new relation to the governing body, at 
 any rate gave them leisure to attend to the higher 
 duties of a citizen, and thus served to increase their 
 political efficiency. 
 
 During the convulsions which followed the 
 heroic ages, naturalisation was readily granted to 
 all who desired it ; as the value of citizenship in- 
 creased, it was, of course, more sparingly bestowed. 
 The ties of hospitdity descended from the prince 
 to the state, and the friendly relations of the 
 Homeric heroes were exchanged for the irpo^eviai 
 of a later period. In political intercourse, the im- 
 portance of tliese last soon began to be felt, and the 
 Trpo^evos at Athens, in after times, obtained rights 
 oidy inferior to actual citizenship. [nPO'EENOS.] 
 The isopolite relation existed, however, on a much 
 more extended scale. Sometimes particular privi- 
 leges were granted : as iirtyania, the right of inter- 
 marriage ; iyKTijais, the right of acciuiiing landed 
 property ; drtKda, immunity from taxation, espe- 
 cially oTeAcia fj.eroiKlov, from the t;ix imposed on 
 resident aliens. All these privileges were included 
 under the general term iVoTt Aeict, or iVoiroAireia, 
 and the class who obt;uned them were called 
 iVoT6\6ir. They bore the same burthens with the 
 citizens, and could plead in the courts or transact 
 business with the people, without the intervention 
 of a irpocTTOTijs. (liikkh, PiMic ICtwi. of Al/u/is, 
 ii. p. 31G. 318 ; Niebuhr, Hkt. Horn. ii. p. .50; 
 ileman, Muiuud. c. vi.) If the right of citizen- 
 ship was conferred for services done to the state, 
 . the rank termed irpoeSpia Or ev^pyeaia might be 
 added. Naturalised citizens even of the highest 
 grade were not precisely in the same condition 
 with the citizen by birtli, although it is not agreed 
 in what the difference consisted. Some tliink that 
 they were excluded from tlie assenddy (Niebuhr, 
 Hist. Horn. ii. p. 50), otiiers that they were only in- 
 eligible to offices, or at any rate to the archonship. 
 
 CIVITAS "(GREEK). 235 
 
 Tlic candidate on whom the citizenship was to 
 be conferred was proposed in two successive assem- 
 blies, at the second of which at least six thousand 
 citizens voted for him by baUot : even if he suc- 
 ceeded, his admission, like every other decree, 
 was liable during a whole year to a ypoupri 
 iTapav6fj.ii)V. He was registered in a phyle and 
 deme, but not enrolled in the phratria and genos ; 
 and hence it has been argued tliat he was ineligible 
 to the office of archon or priest, because unable to 
 participate in the sacred rites oVPltt6k\ii>v Tlarp^os 
 or Zeus 'EpKeios. 
 
 The object of the phratriae (which were retained 
 in the constitution of Clisthenes, when their nmn- 
 ber no longer corresponded to that of the tribes) 
 was to preserve purity and legitimacy of descent 
 among the citizens. Aristotle says {Pol. iii. 2) 
 that for practical purposes it was sufficient to de- 
 fine a citizen as the son or grandson of a citizen, 
 and the register of the phratriae was kept chiefly 
 as a record of the citizenship of the parents. If 
 any one's claim was disputed, this register was at 
 hand, and gave an answer to all doubts about the 
 rights of liis parents or his own identity. Every 
 newly married woman, herself a citizen, was en- 
 rolled in the phratriae of her husband, and every 
 infant registered in the phratria and genos of its 
 father. All who were tlius registered must have 
 been born in lawful wedlock, of parents who were 
 themselves citizens ; indeed, so far was this car- 
 ried, that the omission of any of the requisite 
 formalities in the marriage of the parents, if 
 it did not wholly take away the riglits of citizen- 
 ship, might place tlie otl'spring under serious dis- 
 abilities. This, however, was only carried out in 
 its utmost rigour at the time when Athenian 
 citizenship was most valuable. In Solon's time, it 
 is not certain that the offspring of a citizen and of 
 a f(U'eign womaTi incurred any civil disadvantage ; 
 and even the law of Pericles (Plut. Perk: c. 37), 
 which exacted citizenship on the mother's side, ap- 
 pears to have become obsolete very soon after- 
 wards, as we find it re-enacted by Aristophon in 
 the archonship of Euclides, B. c. 403. (Athen. xiii. 
 p. 577. (i.) 
 
 It is evident then, from the very object of the 
 phratriae, why tlie newly admitted citizen was not 
 enrolled in them. As the same reason did not 
 apply to the children, these, if bom of women who 
 were citizens, were enrolled in the phratria of their 
 maternal grandfather. (Isaeus, l)u ApoL Ilcnd. 
 c. 15.) Still an additional safeguard was provided 
 by the registry of the deme. At the age of six- 
 teen, tlie son of a citizen was required to devote 
 two years to the exercises of the gymiiasi;i, at the 
 expiration of which term he was enrolled in his 
 deme ; and, after taking the oath of a citizen, was 
 armed in the presence of the assembly. He was 
 then of age, and might marry ; but was required 
 to spend two years more as a irepi'-TroAos in 
 frontier service, before he was admitted to t;ike 
 part in the assembly of the people. The admission 
 into the phratria and deme were alike attended 
 with oaths and other solemn fonualities : when a 
 SoKifiaaia or general scnitiny of the claims of citi- 
 zens took place, it was entrusted to both of them ; 
 indeed the registry of the deme was the only check 
 upon the naturalised citizen. 
 
 Tiuse privileges, however, were only enjoyed 
 while the citizen was i-nWi^os : in other words, 
 did not incur any sort of arijuia. 'Ari/ttfa was of 
 
236 CIVITA^ (GREEK). 
 
 two sorts, either partial or total. In tlie foniier 
 case, the rights of citizenship were forfeited for a 
 time or in a particular case ; as when public debt- 
 ors, for instance, were debarred from the assembly 
 and courts imtil the dcl)t was paid (Herman, 
 Manual % 124) : or (Bockh, Fitld. Econ. of 
 Athens, ii. p. Ill) when a plaintiff was sub- 
 jected to drifi'ia, and debarred from instituting cer- 
 tain public suits, if he did not obtain a fifth part of 
 the votes. Total dTi/xia was incurred for the worse 
 sort of crimes, such as bribery, embezzlement, 
 perjury, neglect of parents, (Sec. (Andoc. p. 10, "22.) 
 It did not afl'ect the property of the delinquent, 
 but only deprived him of his political rights : per- 
 haps it did not contain any idea even of dishonour, 
 except in so far as it was the punishment of an 
 offence. The punishment did not necessarily ex- 
 tend to the family of the offender, although in 
 particular cases it may have done so. (Demosth. 
 c. Mid. c. 32.) 
 
 Recuning then to Aristotle's definition, vve find 
 the essential properties of Athenian citizenship to 
 have consisted in the share possessed by every 
 citizen in the legislature, in the election of magis- 
 trates, in the So/ciyuao-fa, and in the courts of justice. 
 
 The lowest unity under which the citizen was 
 contained, was the yivos or clan ; its members 
 were temed yevvrjTai or 6fioyd\aKT(s. Thirty 
 ■yevri formed a (pparpia, which latter division, as 
 was observed above, continued to subsist long 
 after the four tribes, to which the twelve phratries 
 anciently corresponded, had been done away by 
 the constitution of Clisthenes. There is no reason 
 to suppose that these divisions originated in the 
 tonnnon descent of the jiersons who were included 
 in them, as they certainly did not imply any such 
 idea in later times. Rather they are to be con- 
 sidered as mere political unions, yet formed in 
 imitation of the natural ties of the patriarchal 
 system. 
 
 If we would picture to ourselves the true notion 
 which the Greeks emliodied in the word ttoAis, we 
 iimst lay aside all modern ideas respecting the 
 nature and object of a state. With us practically, 
 if not in theory, the essential object of a state 
 hardly emliraces more than the protection of life 
 and property. The Greeks, on the other hand, 
 had the most vivid conception of the state as a 
 whole, every part of which was to co-operate to 
 some great end to which all other duties were 
 considered as subordinate. Thus the aim of de- 
 mocracy was said to be liberty; wealth, of oligarchy ; 
 and education, of aristocracy. In all governments 
 the endeavour was to draw the social union as 
 close as possible, and it seems to have been with 
 this view that Aristotle laid down a principle 
 which answered well enough to the accidental cir- 
 cumstances of the Grecian states, that a iroAis 
 must be of a certain size. {Pol. vii. 4 ; Nic. Eth. 
 ix. 10. Ou yap 6K ZeKa ixvpidSwv irtSAis en tffTiV.) 
 
 This unity of purpose was nowhere so fully 
 carried out as in the government of Sparta ; and, if 
 Sparta is to be looked upon as the model of a 
 Dorian state, we may add, in the other Dorian go- 
 vernments. Whether Spartan institutions in their 
 essential parts were the creation of a single 
 master-mind, or the result of circmnstances modi- 
 fied only by the genius of Lycurgus, their design 
 was evidently to unite the governing body among 
 themselves against the superior numbers of the 
 subject population. The division of lands, the 
 
 CIVITAS (GREEK). 
 
 syssitia, the education of their youth, all tended to 
 this great object. The most important thing next 
 to union among themselves, was to divide the sub- 
 ject class, and accordingly we find the government 
 conferring some of the rights of citizenship on the 
 helots. Properly speaking, the helots caimot be 
 said to have had any political rights ; yet being 
 serfs of the soil, they were not absolutely under the 
 control of their masters, and were never sold out 
 of the country even by the state itself. Then- 
 condition was not one of hopeless servitude ; a legal 
 way was open to them, by which, through many 
 intermediate stages, they might attain to liberty 
 and citizenship. (Miiller, Dorians, iii. 3. § 5.) 
 Those who followed their masters to war were deem- 
 ed worthy of especial confidence; indeed, when they 
 served among the heavy-armed, it seems to have 
 been usual to give them their liberty. The Secriro- 
 aiovavrai, by whom the Spartan fleet was almost 
 entirely manned, were freedmen, who were allowed 
 to dwell where they pleased, and probably had a 
 portion of land allotted them by the state. After 
 they had been in possession of their liberty for 
 some time, they appear to have been called 
 veoSafiuS^LS (Thucj'd. vii. 58), the number of 
 whom soon came near to that of the citizens. The 
 ix6euivi^ or fxdBaKes (as their name implies) were 
 also emancipated helots ; their descendants, too, 
 must have received the rights of citizenship, as 
 Callicratidas, Lysander, and Gylippus were of 
 Mothacic origin. (MUller,X»o;7a«s, ii. 3. § 6.) We 
 cannot suppose that they passed necessarily and of 
 course into the full Spartan franchise ; it is much 
 more probable that at Sparta, as at Athens, inter- 
 marriage with citizens might at last entirely 
 obliterate the badge of former servitude. 
 
 The perioeci are not to be considered as a sub- 
 ject class, but rather as a distinct people, separated 
 by their customs as well as by their origin from 
 the genuine Spaitans. It seems unlikely that they 
 were admitted to vote in the Spartan assembly; 
 yet they undoul)tedly possessed civil rights in the 
 communities to wiiich they belonged (Midler, 
 Dorians, iii. 2. § 4), and which would hardly have 
 been called iroAets unless they had been in some 
 sense independent bodies. In the army they com- 
 monly served as hoplites, and we find the com- 
 mand at sea intrusted to one of this class. (Thucyd. 
 viii. 22.) In respect of political rights, the perioeci 
 were in the same condition with the plebeians in 
 the early history of Rome, although in every other 
 respect far better off, as they participated in the 
 division of lands, and enjoyed the exclusive privi- 
 lege of engaging in trade and commerce. 
 
 What continns the view here taken, is the fact, 
 that, as far as we know, no individual of this class 
 was ever raised to participate in Spartan privileges. 
 
 Nothing, however, can be more erroneous than to 
 look upon them as an oppressed race. Even their 
 exclusion from the assembly cannot be viewed in 
 this light ; for, had they possessed the privilege, 
 their residence in the country would have de- 
 barred them from its exercise. It only remains 
 to consider in what the superiority of the genuine 
 Spartan may have consisted. In the first place, 
 besides the right of voting in the assembly and 
 becoming a candidate for the magistracies, he 
 was possessed of lands and slaves, and was thus 
 exempt from all care about the necessaries of life ; 
 secondly, on the field of battle he always served 
 amongst the hoplites ; thirdly, he participated in 
 
CIVITAS (ROMAN). 
 
 e Spartan education, and in all other Dorian 
 Btitutions, both civil and religious. The re- 
 ctance which Sparta showed to admit forcign- 
 rs was proportioned to the value of these privi- 
 1 leges : indeed Herodotus (ix. 3.5) says that Sparta 
 had only conferred the full franchise in two in- 
 stances. In legal rights all Spartans were equal ; 
 but there were yet sevenal gradations, which, when 
 once formed, retained their hold on the aristocratic 
 feelings of the people. (Miiller, Durians, iii. c. 5. 
 : § 7.) First, as we should naturally expect, there 
 was the dignity of the Heraclide families ; and, 
 connected with this, a certain pre-eminence of the 
 Hyllean tribe. Another distinction was that be- 
 tween the Ofioioi and vnone'ioves^ which, in later 
 times, appears to have been considerable. The 
 latter terra probably comprehended those citizens 
 who, from degeneracj' of manners or other causes, 
 had undergone some kind of civil degradation. To 
 these the oixoioi were opposed, although it is not 
 certain in what the precise dilTerence consisted. It 
 need hardly be added, that at Sparta, as elsewhere, 
 the union of wealth with birth always gave a sort 
 of adventitious rank to its possessor. 
 
 All the Spartan citizens were included in the three 
 tribes, Hylleans, Dymanes orDymanatac, and Pam- 
 phUians, each of which were divided into ten obes 
 or phratries. Under these obes there must undoubt- 
 ed!}' have been contained some lesser subdivision, 
 which Miiller, with great probability, supposes to 
 have been termed rpiaKas. The citizens of Sparta, 
 as of most oligarchial states, were landowners, al- 
 though this does not seem to have been looked 
 upon as an essential of citizenship. 
 
 It would exceed the limits of this work to give 
 an account of the Grecian constitutions, except so 
 far as may illustrate the rights of citizenship. 
 What perversions in the form of government, ac- 
 cording to Greek ideas, were sufficient to destroy 
 the essential notion of a citizen, is a question 
 which, following Aristotle's example {Pol. iii. 5), 
 we may be content to leave undecided. He who, 
 being personally free, enjoyed the fullest political 
 privileges, participated in the assembly and courts 
 of judicature, was eligible to the highest offices, 
 and received all this by inheritance from his ances- 
 tors, most entrrely satisfied the idea which tlie 
 Greeks expressed in the word iroKirTts. [B. J.] 
 
 CI'VITAS(ROMAN). Civitas means the whole 
 body of cives, or members, of any given state. It 
 is defined hy Cicero [Sonin. Scip. c. 3) to be " con- 
 cilium coetusque hominum jure sociati." A civitas 
 is, therefore, jjroperly a political comraimity, so- 
 vereign and independent. The word civitas is 
 frequently used by the Roman writers to express 
 the rights of a Roman citizen, as distinguished 
 from those of other persons not Roman citizens, as 
 in the phrases dare civitalem, donare civitate, 
 usurpure cirilalem. 
 
 If we attempt to distinguish the members of any 
 given civitas from all other people in the world, 
 we can only do it by enumerating all the rights 
 and duties of a member of this civitas, which are 
 not rights and duties of a person who is not a 
 member of this civitas. If any rights and duties 
 which belong to a member of this civitas, and do 
 not belong to any person not a member of this 
 civitas, are omitted in the enumeration, it is an in- 
 complete enumeration ; for the rights and duties 
 not expressly included must be assumed as connnon 
 to the members of this civitas and to all the world. 
 
 CIVITAS (^OMAN). 237 
 
 Having enumerated all the characteristics of the 
 members of any given civitas, we have then to 
 show how a man acquires them, and the notion of 
 a member of such civitas is then complete. 
 
 Some members of a political community {cives) 
 may have more political rights than others ; a 
 principle by the aid of which Savigny {Gettchiflitp. 
 des Horn. Rcvhts im. Mittclalier, c. ii. p. 22) has 
 expressed briefly and clearly the distinction be- 
 tween the two great classes of Ronum citizens 
 under the republic: — "In the free republic 
 there were two classes of Roman citizens, one 
 that had, and another that had not, a share in 
 the sovereign power {ojiiimo jure., non optinio jure 
 cives). That which peculiarly distinguished the 
 higher class was the right to vote in a tribe, and 
 tlie capacity of enjoying magistracy {sajfrai/ium et 
 honores)." According to this view, the jus civi- 
 tatis comprehended that which the Romans called 
 jus publicum, and also, and most particularly, that 
 which they called jus privatum. The jus privatum 
 comprehended the jus connubii and jus commereii, 
 and those who had not these had no citizenship. 
 Those who had the jus suffragiorum and jus 
 hononmr had the complete citizensliip, or, in other 
 words, they were optimo jure cives. Those who 
 had the privatum, but not the publicum jus, were 
 citizens, though citizens of an inferior class. The 
 jus privatum seems to be eiiuivalent to the jus 
 Quiritium, and the civitas Romana to the jus 
 publicimi. Accordingly we sometimes find the 
 jus Quiritium contrasted with the Romana civitas. 
 (Plin. Ep. X. 4. 22 ; UIp. Fra;/. tit. 3. g 2). Livy 
 (xxxviii. 36) says that until B. c. 188, the Formi- 
 ani, Fundani, and Arpinates, had tlie civitas with- 
 out the suffragiuni. 
 
 Ulpian (Frag. tit. .5. § 4 ; 1.0. § 4 ; 20. § 8 ; 
 11. § (!) has stated with great clearness a distinc- 
 tiim, as existing in his time among the free persons 
 who were within the political limits of the Roman 
 stiite, which it is of great impiu'taiice to apprehend 
 clearly. The distinction probably existed in an 
 early period of the Roman state, and certainly 
 existed in the time of Cicero. There were three 
 classes of such persons, namely, cives, Latini, and 
 peregrini. Gains (i. 12) points to the same divi- 
 sion, where he says that a slave, when made fi'ee, 
 might become a civis Romaiius, or a Latinus, or 
 might be in the number of the peregrini dediticii, 
 according to circumstances. Civis, according to 
 Ulpian, is he who possesses the complete rights of 
 a Roman citizen. Perenrinus was incapable of 
 exercising the rights of conimercium and coii- 
 nubium, which were tlie characteristic rights of a 
 Roman citizen ; but he had a capacity for making 
 all kinds of contracts which were allowable by the 
 jus gentium. The Laiinus was in an intermediate 
 state ; he had not the connubium, and consequently 
 he had not the patria potestas nor rights of agnatio; 
 but he had the conimercium or thj right of ac- 
 quiring quiritariaii ownership, and he had also a 
 capacity for all acts incident to quiritariaii owner- 
 ship, as vindicatio, in jure cessio, mancipatio, and 
 testamenti factio, which last comprises the power 
 of making a will in Roman form, and of becoming 
 heres under a will. These were the general capa- 
 cities of a Latinus and peregrinus ; but a Latinus 
 or a peregrinus might obtain by special favour 
 certain rights which he had not by virtue of his 
 condition only. The legitima hereditas was not 
 included in the testamenti factio; for the legitima 
 
238 CIVITAS (ROMAN). 
 
 CLAVIS. 
 
 hereditas presupposed agnatio, and agnatic pre- 
 supposed connubium. 
 
 According to Sa\'igny, tlio notion of civis and 
 civitas had its origin in tlie union of the patricii 
 and the plebes as one state. The perogrinitas, in 
 the sense above stated, originated in the conquest 
 of a state by the Romans, wlien tlie conquered 
 state did not obtain the civitas ; and lie conjectures 
 that the notion of peregrinitas was applied origi- 
 nally to all citizens of foreign states who had a 
 foedus with Rome. 
 
 The rights of a Roman citizen were acquired in 
 several ways, but most commonly by a person 
 being bom of parents who were Roman citizens. 
 A pater familias, a filius familias, a mater familias, 
 and tilia familias were all Roman citizens, though 
 the first only was sui juris and the rest were not. 
 If a Roman citizen married a Latina or a pere- 
 grina, believing her to be a Roman citizen, and 
 begot a child, this child was not in the power of 
 his father, because he was not a Roman citizen, 
 but the child was cither a Latinus or a peregriuus 
 according to the condition of his mother ; and no 
 child followed the condition of his father unless 
 there was connubium between his father and 
 mother. By a senatus-consultum, the parents were 
 allowed to prove their mistake (^atnsam crroris 
 pm/jiin ) ; and, on this being done, both the mother 
 and the child became Roman citizens, and, as a 
 fonseqncnce, the son was in the power of the 
 father. (Gains, i. 67.) Other cases relating to the 
 matter called causae probatio are stated by Gaius 
 (i. 29, &c. ; i. 60', &c.), from which it appears that 
 the facilities for obtaining the Roman civitas were 
 gradually extended. (See also Ulp. Fruff. tit. 3. 
 JJe iMtinis.) 
 
 A slave might obtain the civitas by manumis- 
 sion (tnndiciu), by the census, and by a testa- 
 mentum, if there was no legal impediment ; but it 
 depended on circumstances, as already stated, 
 whether he became a civis Romanus, a Latinus, 
 or in the number of the peregrini dediticii. 
 [Manumissio.] 
 
 The civitas could be conferred on a foreigner by 
 a lex, as in the case of Archias, who was a civis of 
 Heraclea, a civitas which had a foedus with Rome, 
 and who claimed the civitas Romana under the 
 provisions of a lex of Silvanus and Cai'bo, B. c. 
 89. (Cic. Pro Arch. 4.) By the provisions of this 
 lex, the person who chose to take the benefit of it 
 was required, within sixty days after the passing 
 of the lex, to signify to the praetor his wish and 
 consent to accept the civitas {profiti'ri). Cicero 
 (ylrf Fnm. xiii. 30) speaks of the civitas being 
 given to all the Neapolitani ; and in the oration 
 Pro Ualho (c. 7) he alludes to the Julian lex (n.c. 
 90), by which the civitas was given to the socii 
 and Latini ; and he remarks that a great number 
 of the people of Heraclea and Neapolis made op- 
 position to this measure, preferring their former 
 relation to Rome as civitates foederatae { foederis 
 sui lihertati ni) to the Romana ciritas. The lex 
 of ^ilvanus and Carbo seems to have been intended 
 to supply a defect in the Julia lex, and to give the 
 civitas, under certain limitations, to foreigners 
 who were citizens of foederate states {foedendis 
 ciritatihus adscripti). Thus the great mass of the 
 Italians obtained the civitas, and the privileges 
 of the former civitates foederatae were extended 
 to the provinces, first to part of Gaul, and then 
 to Sicil)', under the name of Jus Latii or Lati- 
 
 - nitas. This Latinitas gave a man the right oi 
 acquiring the Roman citizenship by having exer- 
 l cised a magistratus in his own civitas ; a privilege 
 L which belonged to the foederatae civitates of Italy 
 I before tliey obtained the Roman civitas. It 
 ; probably also included the Latinitas of Ulpian, 
 [ that is, the commercium or inilividual prinlege. 
 ; (Strab. V. 187. ed. Casaub.) 
 
 With the establishment of the imperial power, 
 , the political rights of Roman citizens became in- 
 significant, and the commercium and the more easy 
 acquisition of the rights of citizenship were the 
 only parts of the civitas that were valuable. The 
 constitution of Antoniiuis Caracalla, which gave 
 the civitas to all the Roman world, applied only to 
 communities and not to individuals ; its effect was 
 to make all the cities in the empire municipia, and 
 all Latini into cives. The distinction of cives 
 and Latini, from this time forward, only applied to 
 individuals, namely, to frecdmen and their children. 
 The peregrinitas in like manner ceased to be ap- 
 plicable to commimities, and only existed in the 
 dediticii as a class of individuals. The legislation 
 of Justinian finally put an end to what remained 
 of this ancient division into classes, and the only 
 division of persons was into subjects of the Caesar 
 and slaves. 
 
 The origin of the Latinitas of Ulpian is referred 
 by Savigny, by an ingenious conjecture, to the 
 year b. c. 209, when eighteen of the thirty Latin 
 colonies remained true to Rome in their struggle 
 against Hannibal, while twelve refused their aid. 
 The disloyal colonies were punished; and it is a 
 conjecture of Savigny, and, though only a conjec- 
 ture, one supported by strong reasons, that the 
 eighteen loyal colonies received the commercium 
 as the reward of their loyalty, and that they are 
 the origin of the Latinitas of Ulpian. This con- 
 jecture renders intelligible the passage in Cicero's 
 oration {Pro Ccweina, 35), in which he speaks of 
 nexum and hereditas as the rights of the twelve 
 (eighteen?) colonies. 
 
 The word civitas is often used by the Roman 
 writers to express any political community, as 
 Civitas Antiochiensium, &c. 
 
 (Savigny, Zcitschrift, v. &c., Uchrr die Evlste- 
 Imnij. &c., dur Latinit'dt ; Heinec. Si/nfai/ma, 
 ed. Haubold. Ejyicrish ; Rosshirt, GrundHnie.n 
 des Bom. liecMs, Einkitung ; and gee Banish- 
 ment ; Caput.) [G. L.] 
 CLARIGA'TIO. [Fetiales.] 
 CLASSES. [Caput; Comitia.] 
 CLA'SSICUM. [CoRNU.] 
 CLAVA'RIUM. [Clavus.] 
 CLAVIS (kAci's, dim. KKeiS'wv), a key. The 
 key was used in very early times, and was pro- 
 bably introduced into Greece from Egyjit ; although 
 Eustatliius {ad Horn. Od. ix.) states that in early 
 times all fastenings were made by chains, and that 
 keys were comparatively of a much later invention, 
 which invention he attributes to the Laeonians. 
 Pliny (//. A^. vii. .57) records the name of Theo- 
 doras of Samos as the inventor, the person to 
 whom the art of fusing bronze and iron is ascribed 
 by Pausanias. [Biionze, p. 166.] 
 
 We have no evidence regarding the materials of 
 which the Greeks made their keys ; but amongst 
 the Romans the larger and coarser sort were made 
 of iron. Those discovered at Pompeii, and else- 
 where, are mostly of bronze, which we ma}' assume 
 to be of a better description, such as vvere kept by 
 
CLAVIS. 
 
 CI-AVUS. 
 
 239 
 
 the mistress (matrona) of the household. In ages 
 still later, gold and even wood are mentioned as 
 materials from which kej's were made. (Augustin. 
 De Doc/fin. CVirhit. iv. 2.) 
 
 Amongst the Romans the key of the house was 
 consigiunl to the porter {janitor, Apuleins, Afet. i. 
 p. 53. ed. Oudendorp ; Chrysost. Scnn. 172) ; and 
 the keys of the other departments in the household, 
 to the slave upon whom the care of each depart- 
 ment devolved (Senee. Dc Ira, ii. 25 ), upon a 
 knowledge of wliich custom the point of the epi- 
 gram in Martial (v. 35) turns. 
 
 When a Roman woman first entered her hus- 
 band's house after marriage, the keys of the stores 
 were consigned to her. Hence, when a wife was 
 divorced, the keys were taken from her (Cic. 
 I'/ii/ijiji. ii. 28) ; and when she separated from her 
 Inisband, she sent him back the keys. (Ambros. 
 Hjtist. vi. 3.) The kej-s of the wine-cellar were, 
 however, not given to the wife, according to Pliny 
 (H.N. xiv. 14), who relates a story, upon the 
 authority of Fabius Pictor, of a married woman 
 being starved to death by her relations for having 
 picked the lock of the closet in which the keys of 
 tlie cellar were kept. 
 
 The annex-ed woodcut represents a key found at 
 Pompeii, and now preserved in the Museum at 
 Naples, the sizi; of which indicates that it was 
 used as a door key. The tongue, with an eye in 
 it, which projects from the extremity of the handle, 
 served to suspend it from the porter's waist. 
 
 The expression s»h chix-i esse (Varro, De Re 
 Rust. i. 22) corresponds with the English one, "to 
 be under lock and k(^y ;" but chipt's is sometimes 
 used by the Latin authors to signify the bolt it 
 shoots. (Tibull. I. vi. 34; ii. iv. 31.) 
 
 The city gates were locked by keys (Liv. xxvii. 
 24), like those of our own towns dui'ing the middle 
 ages. 
 
 Another sort of key, or rather a key fitting 
 another sort of lock, which Plantus calls clains 
 Laconica {Most. II. i. 57), is supposed to have been 
 used with locks which could only be opened from 
 the inside, such as are stated to have been origin- 
 ally in use amongst the Egyptians and Laconians 
 (ou yap, cos vvv, (ktos ■^(rav a'l /cAeiSes, ctAA' tfSoc 
 TO TraKaiov iray AlyimTiois, Kol AdKuai, Theon. lul 
 Aratiim 192). These are termed KXeiSla KpwroL by 
 Aristophanes {TJivsmoph. 421. ed. Branck.), be- 
 cause they were not visible on the outside ; and, 
 in the singular, cfe;(s« chivis by Virgil {Moret. 15), 
 but the reading in this passage is very doubtful 
 (Ile^me. ad lot:). Other writers consider the 
 KAfiSia KpvirTa. and cl<nvs Lacoiimte to be false 
 keys, such as we now call " skeletons," and the 
 Romans, in familiar language, adulterinae (Sail. 
 Juriurth. 12') ; wherein consists the wit of the 
 allusion in Ovid {^Art. Amat. iii. 643), 
 " Nomine cum doceat, quid agaraus, adulfera 
 clavis." 
 
 The next woodcut represents one of two similar- 
 ly fonned keys, which were discovered in Holland 
 and publislied by Lipsius {Rvcitrs. ad Tac. Ann. 
 ii. 2). It has no handle to act as a lever; and 
 
 therefore could not have been made for a lock with 
 wards, wliicli cannot be turned without a certain 
 apjilication of force. But, by inserting the thumb 
 or forefinger into the ring, it would be amply suffi- 
 cient to raise a latch or push back a bolt ; and 
 thus one sort at least of the keys tenned Kpuirrai, 
 seems to be identified with the " latch-keys" in 
 usi" amongst us ; for when placed in tlie key-hole 
 {(■l<(vi iiiiiiiitmdac foramen, Apul. iv. p. 25!). ed. 
 (_)udeiulorf ) it would be almost entirely buried in 
 it, the ring only, which lies at right angles to the 
 wards, and that scarcely, being visible with- 
 out. [A. R.] 
 
 CLAVUS (^A.os, ySficpos), a nail. In the 
 subterraneous chamber at Mycenae (Pans. ii. 16. 
 § 5), sujiposed to be the treasury of Atreus, a 
 view of which is given in SirW.fiell's Itinerary of 
 Greece (plate vi.), the stones, of which the cylin- 
 drical dome is constracted, are perforated by regu- 
 lar series of bronze nails, running in perpendicular 
 rows, and at eipial distances, from the top to the 
 bottom of the vault. It is supposed that they 
 served to attach thin plates of the same metal to 
 the masonry, as a coating for the interior of the 
 chamber ; and hence it is that these subterranean 
 works, which served for prisons as well ;is trea- 
 suries, like the one in which Danae is said to have 
 been confined, were called by the 'poets brazen 
 chambers. (Hor. Carm. in. xvi. 1.) Two of these 
 nails are represented in the annexed woodcut, of 
 two-thirds the real size ; they consist of 80 parts of 
 copper to 1 2 of tin. 
 
 The writer was present at the opening of an 
 Etruscan tomb at Caere, in the year 1836, which 
 had never been entered since the day it was closed 
 up. The masonry of which it was constructed, 
 was studded with nails exactly similar in make 
 and material to those given above, upon which 
 were hung valuable oniaments in gold and silver, 
 entombed, according to custom, with their deceased 
 owner. 
 
 Nails of this description were termed trahales 
 and tuhulares (Petron. 75) by the Romans, be- 
 cause they were used in building to join the larger 
 beams (iraltes) together. Hence the allusion of 
 Cicero (Vrrr. vi. 21), " Ut hoc bencficium c/aro 
 Iraliali figeret ;" and Horace arms Necessitas with 
 a nail of the same kind {( 'arm. i. xxxv. 18), or 
 of adamant (Iil. in. xxiv. 5), wherewith to rivet, 
 as it were, irrevocably the decrees of Fortune. 
 
 I 
 
•240 
 
 CLAVUS. 
 
 CLAVUS LATUS. 
 
 Thus Atropos is represented in the subjoined 
 woodcut, taken from a cup found at Perugia, upon 
 which the story of Meleager and Atalanta is em- 
 bodied (Vemiiglioli, Aiilk: Inscriz. di Perugia, 
 torn. i. p. 43), with a hammer in her right hand, 
 driving a nail wliich she holds against the wall 
 with her left. 
 
 The next cut represents a nail of Roman work- 
 manship (Caylus. Recucit. (CAidiij. toni. v. pi. 95), 
 which is highly ornamented and very curious. Two 
 of its faces are given, but the pattern varies on each 
 of the four. 
 
 It is difficult to say to what use this nail was 
 applied. The ornamented head shows that it was 
 never intended to be driven by the hammer ; nor 
 would any part but the mere point, which alone is 
 plain and round, have been inserted into any ex- 
 traneous material. It might possibly have been 
 used for the hair, in the manner represented in the 
 woodcut on page 1 1 . 
 
 Bronze nails were used in ship-building (Vcget. 
 iv. 34), and to oniament doors, as exhibited in 
 those of the Pantheon at Rome ; in which case the 
 head of the nail was called bulla, and richly oma- 
 mented, of which specimens are given at page 168. 
 
 The soles of the shoes worn by the Roman 
 soldier were also studded with nails, thence 
 called " (■/"ri caligarii." [Caliga.] These do not 
 appear to have been hob-nails, for the purpose of 
 making the sole durable ; but sharp-pointed ones, 
 in order to give the wearer a finiier footing on the 
 ground ; for so they are described by .losephus 
 {Bell. J lid. VI. i. 7), 'TiroSri/xara ireirap/j.eva 
 irvKvois Kol oleVii' rjKots. The men received a 
 donative for the purpose of providing themselves 
 with these necessaries, wliich was thence called 
 clavariurn. (Tacit. Hist. iii. 50.) [A. R.] 
 
 CLAVUS ANNA'LIS. In the early ages of 
 Rome, when letters were yet scarcely in use, the 
 Romans kept a reckoning of their years by driving 
 a nail, on the ides of each September, into the side 
 wall of the temple of Jupiter Optimus Maximus, 
 which ceremony was performed by the praetor 
 Maximus. (Festus, s. r. Clai'. Atinal.; Liv. vii. 3; 
 Cic. ad Alt. y. 15.) In after ages, this practice 
 fell into disuse ; though the ignorant peasantry 
 seem to have retained the custom, as a method of 
 marking dates, down to a very late period. (Petron. 
 c. 135.) Upon some occasions a dictator was cre- 
 ated to drive the nail ; but then it was not for the 
 mere pui-jjose of marking the year, but fiora a 
 superstitious feeling that any great calamity, which 
 liappened at the time to afflict the city, would be 
 stayed if the usual ceremony was performed by 
 another than the usiuil officer. (Liv. vii. 3 ; viii. 
 18 ; ix. 28.) [A. R.] 
 
 CLAVUS GUBERNA'CULI, the handle or 
 shaft of a rudder (Serv. ad Viiy. Aen. v. 177), 
 which Vitruvius (x. 8) appropriately terms ansa 
 (/lAermadi, quod ota^ a Graecis uppellatur. The 
 rudder itself is (/;iieraac«/«7tt ; in Greek, TnjSaAioc. 
 Both the words are accurately distinguished by 
 Virgil (Aen. v. 176), 
 
 " Ipse (juheriiaculo rector subit, ipse magister. 
 
 Hortaturque viros, clavumqiie ad littora torquet," 
 and by Cicero {Pro Seoct. 9). But it is sometimes 
 used for the rudder itself, as, for instance, by 
 Ennius — 
 
 " Ut clavum rectum teneam, navemque gubomem." 
 (Compare Cic. ad Fam. ix. 15.) Oia| is also used 
 in both senses, and in the same way. (Thomas 
 Magist. s. r. ) Thb tnie meaning of the word will 
 be understood by referring to the woodcut at page 
 48, in which a ship with its mdder is represented 
 — the pole by which it is fastened to the ship's 
 side, is the darns. [Gubernaculum]. [A. R.] 
 
 CLAVUS LATUS, CLAVUS ANGUSTUS. 
 The meaning of these words has given rise to 
 much difference of opinion among modem writers. 
 Scaliger (ad Varron. Z>e Ziw;/. viii.) considered 
 the clavus to have been an ornament detached 
 from the dress, and worn <-ound the neck like a 
 bulla. [Bulla.] Ferrarius supposed it to be a 
 sairf or band thrown over the shoulders, the ends 
 of which hung down in front. Some writers con- 
 sider it to have been a round boss or buckle, re- 
 sembling the head of a nail, fastened to tiic front 
 part of the tunic which covered the chest ; others 
 the hem of the dress, either at the edges or at the 
 bottom ; and others again, the dress itself chequer- 
 ed with stripes of pui'ple, or with ornaments re- 
 .sembling nails, either sewn on to, or woven in, the 
 fabric, such as in modern language would be 
 termed figured. ( Ferrarius, De Re Vestiaria, iii. 
 12 ; Rubenius, Id. i. 1.) 
 
 It is a remarkable circumstance that not one of the 
 ancient statues, representing persons of senatorian, 
 consular, or equestrian rank, contain the slightest 
 trace in their draperies of anything resembling 
 the accessories above enumerated ; some indications 
 of which would not have been constantly omitted, 
 if the clavus had been a thing of substance 
 either affixed to the dress or person. But if it 
 formed only a distinction of colour, without pro- 
 ducing any alteration in the form or mass of the 
 material wherewith the garment was made, such 
 as a mere streak of purple interwoven in the fabric, 
 or embroidered, or sewed on it, it will be evident 
 
iCLAVUS. 
 to any person conversant with the principles of 
 ■art, that the sculptor, who attends only to form 
 and mass, would never attompt to express the 
 mere accidents of colour ; and consequently, that 
 such a claxTis would not be represented in sculpture. 
 But in painting, which long survived the sister ait, 
 we do find examples in some works executed at a 
 very late period, some of which are subsequently 
 inserted, in which an ornament like the clavus, 
 such as it is implied to be by the words of Horace 
 (Sat. I. vi. 28), latum demisit pec/ore clarian, 
 seems evidently to have been represented. 
 
 The most satisfactory conclusion, therefore, 
 seems to be, that the clavus was merely a band of 
 purple colour (Aero, in Hur. Sat. I. v. 35. " Latum 
 clavum purp/iram dicit"), hence called lumen pur- 
 purae (Stat. Si/h: iv. v. 42 ; Quintil. viii. 5. 28 ), 
 either sewed to the dress (Ilor. Art. I'oet. 16); 
 or interwoven in the fabric (Festus, v. Clavat. ; 
 Quintil. I. c. ; Vctus Lexicon Grace. Latin. Ilopipvpa 
 fVut^ao-yue'cTj, claims ; Hesych. Tlapvcpri, rj if tw 
 ^^iToifl TTop(pipa), 
 
 Clavus Latus. The clavus worn by the Ro- 
 mans was of two fashions, one broad and the other 
 narrow, denominated respectively clavus latus and 
 clavus angustus. The vest which it distinguished 
 properly and originally was the tunic [Tunica], 
 called therefore tunica luticluvia and tunica anyus- 
 ticlavia; and hence the word clavus is sometimes 
 used separately to express the garment itself. 
 (Suet. Jjil. 45.) The fomer was a distinctive 
 badge of the senatorian order (Aero, /. c ; Ovid, 
 Trift. IV. X. 35): and hence it is used to signify 
 the senatorial dignity (Suet. Tib. 35, Vesp. 2. 4 ) ; 
 and laticlavius, for the person who enjoys it. 
 (Suet. Auff. 38.) It consisted in a single broad 
 band of purple colour, extending perpendicularly 
 from the neck down the centre of the tunic, in the 
 manner represented in the annexed woodcut, which 
 is copied from a painting of Rome personified, for- 
 merly belonging to the Barberini family, the execu- 
 tion of which is of a very late period. 
 
 The position of the band in the centre of the 
 chest is identified with the latus clavus; because 
 H(croir6p<pvpa (Esai. iii. 21), in the Septuagint, is 
 translated in the ndgate tunica clavata£ purpurae ; 
 and the converse, x^'^'^^"' Topipvpovv fxeaoKevKou 
 (Xen. Ci/rop. viii. 3. § 13), is thus interpreted 
 
 CLAVUS. 241 
 
 by Quintus Curtius (m. iii. 28), Purpureae tuni- 
 cae medium album intcatum erat. In distinction 
 to the angustus clavus, it is,ienneA purpura major 
 (Juv. Sat. i. 106), purpura latitir (Plin. //. A'', 
 xxxiii. 7) ; and the gaiTnent it decorated, tunica 
 potens (Stat. Si/lr. v. ii. 29), or xniiv trKaTvariixos 
 (Diod. Sic. Echi;i. 36. p. 535. ed. Wesseling ; 
 Strab. iii. .5. p. 448. ed. Siebenk.). 
 
 The tunica laticlavia was not fastened round the 
 waist like the common tunic which is worn by the 
 centurion (p. 214), but left loose, in order that the 
 clavus might lie flat and conspicuously over the 
 chest (Quinctil. xi. 3. 138), which accounts for the 
 allusion of Sylla, when he termed Julius Caesar 
 male praecinctum puvrum ; for we are infonned by 
 Suetonius {Jul. 45) that he was the only person 
 ever known to wear a girdle to his laticlave. 
 
 It seems to be generally admitted thilt the 
 latus clavus was not worn in childhood, that is, 
 with the toga praetexta ; but it is not so clear 
 whether, during the earlier ages of the republic, it 
 was assumed with the toga vLrilis, or only upon 
 admission into the senate. Probably the practice 
 was different at different periods. (Compare Suet. 
 Auf/. 38. 94.) 
 
 The right of wearing the latus clavus was also 
 given to the children of equestrians (Ovid. Trist. 
 IV. X. 29), at least in the time of Augustus, as a 
 prelude to entering the senate-house. This, how- 
 ever, was a matter of personal indulgence, and not 
 of individual right ; for it was granted only to 
 persons of very ancient family and correspond- 
 ing wealth (Stat. Sylv. iv. 8. 59 ; Dig. 24. 
 tit. 1 . s. 42), and then by special favour of the 
 emperor. (Suet. Vesp. 2; Tacit. Ann. xvi. 17; 
 Plin. Epist. ii. 9.) In such cases the latus clavus 
 was assumed with the toga virilis, and worn until 
 the age arrived at which the young equestrian was 
 admissible into the senate, when it was relinquish- 
 ed and the angustus clavus resumed, if a disinclina- 
 tion on his part, or any other circumstances, pre- 
 vented him from entering the senate, as was the 
 case with Ovid (compare Trist. iv. x. 27 with 
 35), 
 
 " Curia restabat ; davi mensura coacta est ; 
 Majus erat nostris viribus illud opus." 
 But it seems that the latus clavus could be again 
 resumed if the same individual subsequently wish- 
 ed to become a senator (Hor. Sat. i. vi. 25), and 
 hence a fickle character is designated as one who 
 is always changing his clavus (Hor. Sat. ii. vii. 
 10), 
 
 " Vixit inaequalis, clavum mutabat in horas." 
 
 The latus clavus was also worn by the priests 
 of Saturn at Carthage (Tertull. De Pall. c. 4), and 
 by the priests of Hercules at Cadiz (Sil. Ital. iii. 
 27); and napkins were sometimes so decorated 
 (Mart. Ep. iv. xlvi. 17; Petron. 32), as well as 
 tablecloths, and coverlets (tumtia) for the couclies 
 upon which the ancients reclined at their meals. 
 (Amm. Marc. xvi. viii. 8.) 
 
 The latus clavus is said to have been introduced 
 at Rome by TuUus Hostilius, and to have been 
 adopted by him after his conquest of the Etrus- 
 cans (Plin. H. N'. ix. 63); nor does it appear to 
 have been confined to any particular class during 
 the earlier periods, but to have been worn by all 
 ranks promiscuously. ( Plin. H. N. xxxiii. 7.) It 
 was laid aside in public mourning. (Liv. ix. 7.) 
 
 Clavus Angustus. This ornament is not 
 found, any more than the latus clavus, upon any 
 
 R 
 
242 
 
 CLAVUS. 
 
 KAHPOT~XOI. 
 
 of the works executod before the decline of the 
 arts ; and thi'refore the same difficulties occur 
 in atteinptinp; to define its form and fashion. That 
 it was narrower than the other is evident from the 
 name alone, as well as from otlier epithets bestowed 
 upon it — '^pauper clavus" (Stat. Si/li: v. ii. 18), 
 " ardiim purpurae lumen" {Id. iv. v. 42) ; and 
 that it was of a purple colour, attached to a tunic 
 girt at the waist, is also evident from the passages 
 of Statins and Quinctilian (xi. iii. 138) .already 
 cited. There is, moreover, reason for supposing 
 that the angustus clavus consisted in two narrow 
 stripes instead of one broad one ; for it is observed 
 that the word clavus is alwaj's used in the singular 
 Humber when the tunica laticlavia is referred to, 
 whereas the plural number {ckm) is often met 
 with in reference to the angusticlavia ; as in the 
 passage of Quinctilian just mentioned, purpura is 
 a]iplied to the fonncr, and piirpurac to the latter 
 (jf these g.annents. It seems, therefore, probable 
 that the angusticlave was distinguished by two 
 narrow purjjle stripes, running parallel to each 
 other from the top to the bottom of tlie tunic, one 
 from each shoulder, in the manner represented by 
 the three figures introduced below, all of which are 
 taken from se])ulchral paintings executed subse- 
 quently to the introduction of Christianity at 
 Rome. The female figure on the left hand, which 
 is copied from Buonarotti {Osscrruzioni sopra 
 alcuiti Frdiiimenti di Vasi aniichi di Vetro, Tav. 
 xxix. fig. 1 ), represents the goddess Moneta, and 
 she wears a regular tunic. The one on the right 
 liand is from a cemetery on the Via Salara Nova, 
 and represents Priscilki, an early martyr ; it is in- 
 troduced to show the whole extent of the clavi ; 
 but the dress she wears is not the common tunic, 
 but of the kind called Dabnatka, the sleeves of 
 which are also clavatae. 
 
 The next figiu'e is selected from three of a 
 similar kind, representing Shadrach, Mesliach, and 
 Abednego, from the tomb of Pope Callisto on the 
 Via Appia ; all three wear the ordinary tunic girt 
 at the waist, as indicated by (Quinctilian, but with 
 long sleeves as was customary under the empire, 
 and the stripes are painted in purple ; so that we 
 may fairly consider it to atford a correct example 
 of the tunica angusticlavia. 
 
 This decoration belonged properlj' to the eques- 
 trian order (Paterc. ii. 88 ; Lamprid. Alccr:. Sev. 
 
 27) ; for though the children of equestrians, as has 
 been stated, were sometimes honoured by permis- 
 sion to wear the latus clavus at an early age ; they 
 were obliged to lay it aside if they did not enter 
 the senate when the appointed time arrived, which 
 obligation appears to have been lost sight of for 
 some time after the Augustan period ; for it is 
 stated by Lampridius (l.r.) that Alexander Sevenis 
 distinguished the equites from the senatores by the 
 character of their clavus, which must be taken as 
 a recurrence to the ancient practice, and not an 
 innovation then first adopted. [A. R.] 
 
 CLEPSY'DRA. [Horoi.ogium.] 
 KAHPOVXOI. Athenian citizens who occupied 
 conquered lands were termed K\r)poSxo'- and their 
 possession, Khripovx'f: The earliest example to 
 which the tenn, in its strict sense, is applicable, 
 is the occupation of the domains of the C'ludcidian 
 knights (tinroSoTai) by four thousand Athenian 
 citizens, B. c. 506. (Herod, v. 77.) 
 
 In assigning a date to the commencement of this 
 system of colonisation, we must remember that the 
 principle of a division of conquered lands had 
 existed from time immemorial in the Orecian 
 states. Nature herself seemed to intend that the 
 Greek should nde and the barbarian obey; and 
 hence, in the case of the barbarian, it wore no ap- 
 pearance of harshness. Such a system, however, 
 was more rare between Greek and Greek. Yet 
 the Dorians in their conquest of the Peloponnese, 
 and still more remarkably in the subjugation of 
 Messenia, had set an example. In what then did 
 the Athenian KA.r)poi;x''a' differ from this division 
 of territory, or from the ancient colonies? In the 
 first place the name, in its technical sense, was of 
 later date, and the Greek would not have spoken 
 of the KK-qpovxiai of Lycurgus, any more than the 
 Roman of the " Agrarian laws " of Romulus or 
 Aliens. Secondlj', we should remember that the 
 term was always used with a reference to the ori- 
 ginal allotment : as the lands were devised or 
 transferred, and the idea of the first dinsion lost 
 sight of, it would gradually cease to be applied. 
 'I'he distinction, however, between K\T)povxot and 
 airoiKoi was not merely one of words but of things. 
 The only object of the earlier colonies was to re- 
 lieve sui-plus population, or to provide a home for 
 tiiose whom intenial (|uarrels had exiled from their 
 country. Most usually they originated in private 
 enterprise, and became independent of, and lost 
 their interest in, the parent state. On the other 
 hand, it was essential to the veiy notion of a 
 /cATjpouxi'n that it should be a public enterprize, and 
 should alwavs retain a connection more or less in- 
 
IKAHPOrxOI. 
 timate with Athens herself. The word K\vpovxla, 
 . as Wachsmiith has well oliservoJ, conveys the 
 notion of property to bo expected and formally ap- 
 propriated: whereas the diroiKin of ancient times 
 went out to conquer lands for themselves, not to 
 divide those wliicli were already conquered. 
 
 The connection with the parent state subsisted, 
 as has lieen just liinted, in all degrees. Some- 
 times,as in the case of Lesbos (Thuc. iii. 50), the 
 holders of land did not reside upon their estates, 
 but let them to the original inhabitants, while 
 themselves remained at Athens. The condition of 
 these K\ripovxot did not diflFer from tluit of 
 Athenian citizens who had estates in Attica. All 
 their jiolitical rights they not only retained, but 
 exercised as Athenians; in the capacity of land- 
 holders of Lesbos tliey could scarcely have been 
 recognised by the state, or have borne any corporate 
 relation to it. Another case was where tiic KKrjpoO- 
 X"' resided on their estates, and either with or 
 without the old inhabitants, fonned a new commu- 
 nity. These still retained the rights of Athenian 
 citizens, which distance only precluded them from 
 exercising: they used the Athenian courts; and if 
 they or their children wished to ret\a-n to Athens, 
 unturally and of course they regained the exercise 
 lit' their former privileges. Of this we have the 
 most positive proof (see Biickh, Puh. Enm. vol. ii. 
 |i. 17(i. transl): as the object of these KXriponxiat 
 was to fonn o\itposts for the defence of Athenian 
 commerce, it was the interest of the parent state 
 til unite them by a tie as kindly as possible : and 
 it cannot be supposed that individuals would have 
 been finuid to risk, in a doubtful enteiprise, the 
 rights of Athenian citizens. 
 
 Sometimes, however, the connection might gra- 
 dually dissolve, and tlie K\-npovxoi sink into the 
 [• condition of mere allies, or separate wliolly from 
 [ the mother country. In Aegina, Scione, Potidaea, 
 I and other places, where the original community 
 I was done awaj^ the colonists were most completely 
 
 i under the control of Athens. Where the old in- 
 [ habitants were left unmolested, we may conceive 
 .1 their admixture to have had a twofold effect: 
 ^ either the new comers woidd make connnon cause 
 l| with them, and thus would arise the alienation 
 
 [' alluded to above ; or jealousy and dread of the > 
 l| ancient inhabitants might make the colonists more 
 
 I entirely dependent on the mother state. It seems 
 
 II impossible to define accurately when the isopolite 
 jl relation with Athens may have ceased, although 
 [I such cases undoubtedly occurred. 
 
 r A question has been raised as to whether the 
 
 ii KKripovxoi. were among the Athenian tributaries. 
 
 ■ Probably this depended a good deal upon the pros- 
 perity of the colony. We cannot conceive that 
 colonies which were established as military out- 
 posts, in othiM'vvise unfavouralile situations, would 
 
 ! hear such a Imrthen: at the same tinu^ it seems 
 I improbable that the state would unnecessarily 
 1; forego the tribute which it had previously received, 
 ,1 where the lands had formerly belonged to tributary 
 ij allies. 
 
 ■ - It was to Pericles Athens was chiefly indebted 
 V for the extension and^ peniianence of her colonial 
 
 settlements. His principal object was to provide 
 i: for the redundancies of population, and raise the 
 I; poorer citizens to a fortune becoming the dignity 
 of Athenian citizens. It was of this class of per- 
 sons the settlers were chiefly composed ; the 
 state provided them with arms, and defrayed the 
 
 CLIENS. 243 
 
 expenses of their journey. The principle of divi- 
 sion, doubtless, was. that all who wislu'd to partake 
 in tlie adventure, applied voluntariiv ; it was 
 theTi determined by lot who should or should not 
 receive a share. Sometimes they had a leader ap- 
 pointed, who, after death, received all the honours 
 of the founder of a colony (oiicio'ttJs). 
 
 The Cleruchiae were lost by the battle of Aegos- 
 potami, but partially restored on the revival of 
 Athenian power. For a full account of them see 
 Wachsrauth, Historical Antiquities, § 5G. G ; Biickh, 
 Puhlic Econ. of Ailiens, iii. 18 ; and the references 
 in Herman's Manual, vi. 117. [B. J.] 
 
 KAHTH"PE2, or KAH'TOPES. The Athenian 
 sunimoners were not oHicial persons, but merely 
 witnesses to the prosecutor that he had served the 
 defendant with a notice of the .action brought 
 against him, and the day upon which it would lie 
 requisite for him to appear before the proper magis- 
 trate, in order that the first examination of the 
 case might commence. (Harpocrat.) In Aristo- 
 phanes (JVulics, 1246; Vc^tp. 140f>) we read of one 
 summoner only being emploj-ed, but two are 
 generally mentioned by the orators as the usual 
 number. (Demosth. c.A^icost. 12.51. 5 ; J'to Coron. 
 244. 4; e. Bneot. 1017. G.) The names of the 
 summoners were subscribed to tlie declaration or 
 bill of the prosecutor, and were, of course, essential 
 to the validity of all proceedings founded upon it. 
 What has been hitlierto stated ap])lies in general 
 to all causes whether Z'lKai or ypacpai : but in some 
 whicli commenci'd \vith <an information laid before 
 magistrates, and an arrest of the accused in conse- 
 quence (as in the case of an efSeifij or elirayyeKia), 
 there would be no occasion for a summons, nor, of 
 course, witnesses to its ser^'ice. In tlie evdvmi and 
 SoKiuair'iai also, when held at the regular times, no 
 summons was issued, as the ])ersons whose charac- 
 ter might be atl'ected by an accusation were neces- 
 sarily present, or presumed to be so ; but if the 
 prosecutor had let the proper day pass, and pro- 
 posed to hold a special eufluyrj at any other time 
 during the year in which the defendant was liable 
 to lie called to account for his conduct in office 
 (u7rfu9Li</os),the agency of sunimoners was as requi- 
 site as in any other case. Of the 5oKip.acriai that 
 of the orators alone had no fixed time ; but the 
 first step in the cause was not the usual legal 
 summons (irpo(rfc\r)(7(s), but an announcement from 
 the prosecutor to the accused in the assembly of the 
 people. (Meier, yfW /Votrss, 212. .575.) 
 
 In the event of persons subscribing themselves 
 falsely as summoners, they exposed themselves to 
 an action (>|/euSoKX?jTieas) at the suit of the party 
 aggrieved. [J. S. M.] 
 
 ^ CLIBANA'RII. [Cataphr'acti.] 
 
 CLIENS is said to confciin the same element as 
 the verb duerc, to "hear" or obey," and is ac- 
 cordingly compared by Nieliuhr with the German 
 word //fieri(/cr, "a dependant." 
 
 In the time of Cicero, we find patronus in the 
 sense of adviser, advocate, or defender, opposed to 
 cliens in the sense of the person did'ended, or the 
 consultor ; and this use of the word must be re- 
 ferred, as we shall see, to the original character of 
 the patronus. (Ovid, Art. Am. i. 88; llor. Sid. 
 I. i. 10 ; Ep. I. V. 31 ; ii. i. 104.) The relation of 
 a master to his liberated slave {lihcrtus) was ex- 
 pressed by the word patronus, and the libertus was 
 the cliens of his patronus. Any Roman citizen 
 who wanted a protector, might attach himself to a 
 
 R 2 
 
244 
 
 CLIENS. 
 
 CLIENS. 
 
 patronus, and would thenceforward be a cliens. 
 Distinguished Romans were also sometimes the 
 patroni of states and cities, which were in a certain 
 relation of subjection or friendship to Rome ; and 
 in this respect they may be compared to colonial 
 agents, or ])crsons among us, who arc employed to 
 look after the interests of the colony in the mother 
 country ; except that among the Romans such 
 services were never remunerated directly, though 
 there might be an indirect remuneration. (Cic. 
 Dir. 20 ; Pro Sulla, c. 21 ; Tacit. Or. 36.) This 
 relationship between patronus and cliens was ex- 
 pressed by the word clientela (Cic. Ad Alt. xiv. 
 12), which also expressed the whole body of a 
 man's clients. (Tacit. Ann. xiv. CI.) In the 
 Gi'eek writers on Rcmian history, patronus is re- 
 presented by irpotTTaTrjs : and cliens, by TreXe^Trjs. 
 
 The clientela, but in a ditterent fonn, existed as 
 far back as the records or traditions of Roman 
 history extend ; and the following is a brief notice 
 of its origin and character, as stated by Dionysius 
 (A?ifiq. Hum. ii. 9), in which the writer's terms 
 are kept : — 
 
 Romulus gave to the euTrarpi'Sai the care of re- 
 ligion, the honores (apx^"') the administration of 
 justice, and the administration of the state. The 
 SrifiOTiKoi (whom in the preceding chapter he has 
 explained to be the irKriSfloi) had none of these 
 privileges, and they were also poor ; husbandry 
 and the necessary arts of life were their occupation. 
 Romulus thus entrusted the SrnxortKol to the safe 
 keeping of the varp'iKioi (who are the evnarpiSai), 
 and permitted each of them to choose his patron. 
 This relationship between the patron and the client 
 was called, says Dionysius, patronia. (Compare Cic. 
 Rep. ii. 9.) 
 
 The relative rights and duties of the patrons and 
 the clients were, according to Dionysius, as fol- 
 low : — 
 
 The patron was the legal adviser of the cliens ; 
 he was the client's guardian and protector, as he 
 was the gtiardian and protector of his own children; 
 he maintained the client's suit when he was wrong- 
 ed, and defended him when another complained of 
 being wronged by him : in a word, the patron was 
 the guardian of the client's interests, both private 
 and public. The client contributed to the marriage 
 portion of the patron's daughter, if the patron 
 was poor ; and to his ransom, or that of his chil- 
 dren, if they were taken prisoners ; he paid the 
 costs and damages of a suit which the patron lost, 
 and of any penalty in which he was condemned ; 
 he bore a part of the patron's expenses incurred by 
 his discharging public duties, or filling the honour- 
 able places in the state. Neither party could accuse 
 the other, or bear testimony against the other, or 
 give his vote ag-ainst the other. This relationship be- 
 tween patron and client subsisted for many genera- 
 tions, and resembled in all respects the relationship 
 by blood. It was the glory of illustrious fiunilies 
 to have many clients, and to add to the number 
 transmitted to them by their ancestors. But the 
 clients were not limited to the Stj/uotikoi : the 
 colonies, and the states connected with Rome by 
 alliance and friendship, and the conquered states, 
 had their patrons at Rome ; and the senate fre- 
 quently referred the disputes between such states 
 to their patrons, and abided by their decision. 
 
 The value of this passage consists in its contain- 
 ing a tolerably intelligible statement, whether true 
 or false, of the relation of a patron and client. 
 
 What persons actually composed the body of 
 clients, or what was the real historical origin of 
 the clientela, is immaterial for the pui-pose of un- 
 derstanding what it was. It is clear that Dio- 
 nysius understood the Roman state as originally 
 consisting of patricil and plebeii, and he has said 
 that the clients were the plebs. Now it appears, 
 from his own writings and from Livj',that there were 
 clientes who were not the plebs, or, in other words, 
 clientes and plebs were not convertible terms. This 
 passage, then, may have little historical value as 
 explaining the origin of the clients ; and the state- 
 ment of the clientela being voluntary is improbable. 
 Still something may be extracted from the passage, 
 though it is impossible to reconcile it altogether 
 with all other evidence. The clients were not 
 servi : they had property of their own, and free- 
 dom (lihciias). Consistently with this passage, 
 they might be Roman citizens, enjoying only the 
 comniercium and connubinm, but not the suftVagium 
 and honores, which belonged to their patroni. 
 [CiviTA.s.] It would also be consistent with the 
 statement of Dionysius, that there were free men 
 in the state who were not patricii, and did not 
 choose to be clientes ; but if such persons existed in 
 the earliest period of the Roman state, they must 
 have laboured under great civil disabilities, and this 
 also is not inconsistent with the testimonj' of liis- 
 tor)', nor is it improbable. Such a body, if it existed, 
 must have been powerless ; but such a body miglit 
 in various ways increase in numbers and wealth, 
 and grow up into an estate, such as the plebs 
 afterwards was. The body of clientes might in- 
 clude freednien, as it certainly did ; but it seems 
 an assumption of what requires proof, to infer (as 
 Niebuhr does) that, because a patronus could put 
 his freedman to death, lie could do the same to a 
 client ; for this involves a tacit assumption that 
 the clients were originally slaves ; and this niaj' be 
 trae, but it is not known. Besides, it cannot 
 be true that a patron had the power of life and 
 death over his freedman, who had obtained the 
 civitas, any more than he had over an emancipated 
 son. The body of clientes might, consistently 
 with all that we know, contain peregrini, who had 
 no privileges at all ; and it might contain that class 
 of persons who had the comniercium, if the com- 
 mercium existed in the early ages of the state. 
 [Civitas.] The latter class of persons would re- 
 quire a patronus to whom they might attach them- 
 selves for the protection of their property, and 
 who might sue and defend them in all suits, on 
 account of the (here assumed) inability of such per- 
 sons to sue in their own name in the early ages 
 of Rome. [Banishment.] 
 
 The relation of the patronus to the cliens, as re- 
 presented by Dionysius, has an analogy to the 
 patria potestas, and the form of the word patronus 
 is consistent with this. 
 
 It is stated by Niebuhr, that " if a client died 
 without lieirs, his patron inherited ; and this law 
 extended to the case of freedmen ; the power of 
 the patron over whom must certainly have been 
 founded originally on the general patronal right." 
 This statement, if it be correct, would be consistent 
 with the quasi patria potestas of the patronus. 
 
 But if a cliens died tviik heirs, could he make a 
 will? and if he died without heirs, could he not 
 dispose of his property by will ? and if he could 
 not make, or did not make a will, and had heirs, 
 who must they be? must they be sui }icredesl 
 
CLIPEUS. 
 
 CLIPEUS. 
 
 245 
 
 had he a familia, and consequently agnati [CoG- 
 NATi] ? had he, in fact, that connubium, by virtue 
 of which he could acquire the patria potestas ? He 
 might have all this consistently with the statement 
 of Dionysius, and yet be a citizen non optima jure ; 
 for he liad not the honores and the other distin- 
 guishing privileges of the patricii ; and consistently 
 with the statement of Dionysius he could not vote 
 in the coraitia curiata. It is not possible to prove 
 that a cliens had all this, and it seems equally im- 
 passible, from existing evidence, to show what his 
 l ights really were. So far as our extant ancient 
 authorities show, the origin of the clientela, and its 
 true character, were unknown to them. This 
 seems certain ; there was a body in the Roman 
 state, at an early period of its existence, which was 
 • neither patrician nm client, and a body which once 
 did not, but ultimately did, participate in the so- 
 Mi-fign power : but our knowledge of tlie tme 
 status of the ancient clients must remain inexact, 
 for the want of sufficient evidence in amount, and 
 sufficiently trustworthy. 
 
 It is stated by Livy (ii. 5G) that the clientes 
 liad votes in the comitia of the centuries : they 
 I were therefore registered in the censors' books, 
 and could have quiritarian ownership. [Centu.m- 
 viRi.] They had therefore the couuuercium, pos- 
 sibly the connubimn, and certainly the suffragium. 
 It may be doubted whether Dionysius understood 
 them to have the suffragium at the comitia centu- 
 riata ; but if such was the legal status of a cliens, 
 it is impossible that the exposition of their relation 
 to the patricians, as given by some modern writers, 
 can be altogether correct. 
 
 It would appear, from what has been stated, 
 that patronus and patricius were originally con- 
 vertible terms, at least until the plebs obtained 
 the honores. From that time, many of the reasons 
 for a person being a cliens of a patricius would 
 cease ; for the plebeians had acquired political im- 
 portance, had become acquainted with the laws and 
 the legal forms, and were fully competent to advise 
 their clients. This change nmst have contributed 
 to the destruction of the strict old clientela, and 
 was the transition to the clientela of the later ages 
 of the republic. (Hugo, Lchrhudi. &c. i. 458.) 
 
 Admitting a distinction between the plebs and 
 the old clientes to be fully established, there is 
 still room for careful investigation as to the real 
 status of the clientes, and of the composition of the 
 Roman state before the estate of the plebs was 
 made equal to that of the patricians. 
 
 This question is involved in almost inextricable 
 perplexity, and elements must enter into the 
 investigation which have hitherto hardly been 
 noticed. Any attempt to discuss this question 
 must be prefaced or followed by an apology. [G.L.] 
 CLIENTE'LA. [Cliens.] 
 
 KAI'MAE. [TORMENTUM.] 
 
 CLI'PEUS (do-TTi's), the large shield woni by 
 the Greeks and Romans, which was originally of a 
 circular form, and is said to have been first used by 
 Proetus and Acrisius of Argos (Pans. ii. 25. § 6), 
 and therefore is called dipeus Arcjolkus (Virg. Aen. 
 iii. 637), and likened to the sun. (Compare aho 
 do-TTi'So ■KavToa' itariv, Horn. II. iii. 347 ; v. 453 ; 
 damSas cvkvkKovs, xiv. 428 ; Varro, De Lii/ff. Lat. 
 V. 19. ed. Miiller ; Festus, s. r.) But the clipeus 
 is often represented in Roman sculpture of an ob- 
 long oval, which makes the distinction between the 
 common buckler and that of Argos. 
 
 It was sometimes made of osiers twisted together 
 (Virg. Aen. vii. 632; viii. 625), and therefore is 
 called \tU (Eur. Suppl. 697, Tioud. 1201, Cyc/. 
 7), or of wood. The wood or wicker was then 
 covered over with ox hides of several folds deep 
 (Virg. Aen. xii. 925), and finally bound round the 
 edge with metal. (Horn. //. xii. 295 ; Liv. xlv, 
 33.) 
 
 The outer rim is termed avrvi, {II. xviii. 479), 
 Itvs (Eur. Troiid. 1205), -n^pfpkpua or kvkAos 
 (II. xi. 33). ["ANTTH.] In the centre was a 
 projection called ofxcfidKos or fj.effofKpa.Aioi', umbo, 
 which served as a sort of weapon by itself (cunctos 
 umhone repellit. Mart. Ep. III. xlvi. 5), or caused 
 the missiles of the enemy to glance off from the 
 shield. It is seen in the next woodcut, from the 
 column of Trajan. A spike, or some other promi- 
 nent excrescence, was sometimes placed upon the 
 ofi^dKos, which was called hrofi<pa\MV. 
 
 In the Homeric times, the Greeks used a belt 
 to support the shield ; but this custom was subse- 
 quently discontinued in consequence of its great 
 inconvenience [Balteus, p. 123], and the follow- 
 ing method was adopted in its stead : — A band of 
 metal, wood, or leather, tenned Kaviiv, was placed 
 across the inside from rim to rim, like the diameter 
 of a circle, to which were affixed a number of small 
 iron bars, crossing each other somewhat in the 
 form of the letter X, wliich met the arm below 
 the inner bend of the elbow joint, and served to 
 steady the orb. This apparatus, which is said to 
 have been invented by the Carians (Herod, i. 171), 
 was tenned oxa^vov or oxo-vv- Around the inner 
 edge ran a leather thong (7rop7ro|), fixed by nails 
 at certain distances, so that it formed a succession 
 of loops all round, which the soldier grasped with 
 his hand {knSakuv irofmaKi yevpaiau x^P°-> Kur* 
 Hel. 1396). The annexed woodcut, which shows 
 the whole apparatus, will render this account in- 
 telligible. It is taken from one of the terra cotta 
 vases published by Tischbein (vol. iv. tab. 20). 
 
246 
 
 CLTPEUS. 
 
 CLOACA. 
 
 At the close of n war it was customary for the 
 Greeks to suspend their shields in the temples, 
 when the TropTra/fes were taken otf, in order to 
 render them iinserviceable in case of any sudden or 
 popular outbreak ; which custom accounts for the 
 alarm of Demosthenes in the Kniglits of Aristo- 
 phanes (S59), when he saw them hanginjj; up with 
 their handles on. 
 
 According to Livy (i. 43), when the census was 
 instituted by Servius Tullius, the lirst class only 
 used the dipcxs, and the second were armed with 
 the scutum [Scutum] ; but after the Koman sol- 
 dier received pay, the dipeus was discontinued 
 altogether for the Sabine senium. (Liv. viii. f! ; 
 compare ix. 19 ; Plutarch. Rom. 21. p. ; Diod. 
 Eclriij. xxiii. .'i, wlio asserts that the original form 
 of the Roman sliield was square, and that it was 
 subsequently changed for that of tlie Tyrrhenians, 
 which was round.) 
 
 The Roman shields wore emblazoned with 
 various devices, the origin of annorial bearings, 
 such as the heroic feats of their ancestors (Virg. 
 Aeti. viiL (558 ; Sil. Ital. viii. 386) ; or with their 
 portraits {Id. xvii. 398), which custom is illustrat- 
 ed by the preceding beautiful gem fi'om the antique, 
 in which the figure of Victory is represented in- 
 scribing upon a dipeus the name or merits of some 
 deceased hero. 
 
 Each soldier had also his own name inscribed 
 upon his shield, in order that he might readily find 
 his own when the order was given to uupile amis 
 (Veget. ii. 17); and sometimes the name of the 
 commander under vi'hom he fought, (liii't. Bell. 
 Alex. 58.) 
 
 The dipeus was also used to regidate 
 the tempcratui'o of the vapoiu: bath. [Baths, 
 p. 141.] [A. K.] 
 
 CLITE'LLAE, a pair of panniers, and there- 
 fore only used in the plural number, (llor. Sat. i. 
 V. 47 ; Plant. J\fost. iii. ii. 91.) In Italy they 
 were connnoidy used with mules or asses (Hor. 
 I.e.; Plaut. i/>. 93), but in other countries they 
 were also applied to horses, of which an instance 
 is given in the annexed woodcut from the column of 
 Trajan ; and Plautus (76. 94) figuratively describes 
 a man, upon whose shoulders a load of any kind, 
 either moral or physical, is charged, as Itomo dild- 
 larius. 
 
 I A particidar spot in the city of Rome, and cer- 
 I tain parts of the Via Flaminia, which, from their 
 ; undulations in hiU and valley, were thought to 
 I resemble the ilowing line of a pair of panniers, 
 I were also tenned clitellae. ( Festus, s.r'.) [A. K.] 
 CLOA'CA. The term cloaca is generally used 
 by the historians in reference only to those spacious 
 subterraneous vaults, either of stone or brick, 
 through which the foul waters of the city, as well 
 as all the streams brought to Home by the aquae- 
 ducts, finally discharged themselves into the Tiber ; 
 but it also includes within its meaning any smaller 
 drain, either wooden pipes or clay tubes (Ulpian, 
 Dig. 43. tit. "23. s. I.), with which almost every 
 house in the city was furnished to carry off its im- 
 j purities into the main conduit. (Strab. v. 8. p. ll)7. 
 I ed. Siebenk.) The whole city was thus inter- 
 ] sected by subterranean passages, and is therefore 
 I designated by Pliny {H. N. xxxvi. 24. 3) as urbs 
 ' po/^ilis. 
 
 The most celebrated of these drains was the 
 cloaea majima, the construction of which is ascrib- 
 ed to Tarquinius Priscus (Liv. i. 38 ; Plin. Dionys. 
 j cc), and which was formed to carry otf the 
 I waters brought down from tlie adjacent hills into 
 ; the Velabnmi and valley of the Furuui. The 
 
CLOACA. 
 
 KAOnH'2 AI'KH. 
 
 247 
 
 stnnc of which it is built is a mark of the great 
 antiquity of the work ; it is not the pepcrino of 
 (i.'il)ii and the Alban liills, which was the common 
 building-stoiie in the time of tlie commonwealth ; 
 but it is the " tufa litoide" of Bnicchi, one of the 
 volcanic formations which is found in many places 
 in Rome, and which was afterwards supplanted in 
 public buildings by the finer quality of the peperino. 
 (Arnold, Ilixt. limn. vol. i. p. f>'2.) This cloaca 
 wasfomied by tliree tiers of arches, one within the 
 other, the innennost of which is a semicircular 
 vault of If! Roman palms, about 14 feet in 
 diameter, each of the hewn blocks biding 7^ palms 
 long and 4i liigh, and joined together without 
 cement. The manner of construction is shown in 
 the annexed woodcut, taken on the spot, where a 
 part of it is uncovered near the arch of Janus 
 (Juadrifrons. 
 
 The mouth where it reaches the Tiber, nearly 
 opposite to one extremity of the iiisnla Tibcri/ia, 
 still remains in the state referred to by I'liny (I.e.) 
 It is rei)resented in the ainiexod woodcut, with the 
 adjacent buildings as they still exist, the modem 
 fabrics only which encumber the site being left out. 
 
 The passages in Strabo and Pliny which state 
 that a cart (ajua^a, vclicx) loaded with hay could 
 pass down the cloaca maxima, will no longer ap- 
 pear incredible from the dimensions given of this 
 stupendous work ; but it must still be borne in 
 mind that the vehicles of the Romans were nuich 
 smaller than our own. Dion Cassius also states 
 (xlix. 4;5) that Agrippa, when he cleansed the 
 sewers, passed through them in a boat, to which 
 
 Pliny (//. A^. xxxvi. 24. ,3) probably alludes in the 
 expression ur/is suiter imvujata ; and their extra- 
 ordinary dimensions, as well as that of the enibcm- 
 chures through which the waters poiu-cd into them 
 [Canalis], is still further testified by the exploits 
 of Nero, who threw down the sewers the un- 
 fortunate victims of his nightly riots. (Snet. Nero, 
 2G ; compare Dionys. x. 53 ; Cic. Pro Scjct. 3.5.) 
 
 The duava 7?io,n)na formed byTarquin extended 
 only from the forum to the river, but was subse- 
 (pu^ntly continiu'd as far up as the Subura, of 
 wiiich branch some vestiges were discovered in the 
 year 1742. (Venuti, Antichita di Jtuiiia, torn. i. p. 
 98; Ficoroni, Vedujie di Roma., \). li,7h.) This 
 was the cri/pta Suhurac to which Juvenal refers 
 {Sat. V. I0(i). 
 
 The expense of cleansing and repairing these 
 cloacae was of course very great, and was defrayed 
 partly by the treasury, and partly by an assessment 
 ea&eA. cloaca riiim. (Ulpian, Dig. 7. tit. 1. s. 27. § 3.) 
 Under the republic, the administration of the 
 sewers was entrusted to the censors ; but under 
 the empire, jiarticular officers were appointed for 
 that purpose, (•/')(((•((;■«/« curalorcs, mention of whom 
 is found in inscriptions {ap. Gntt. p. cxcvii. 5 ; 
 p. cxcviii. 2, 3, 4, 5 ; p. cclii. 1 ; Ulpian, Dig. 43. 
 tit. 23. s. 2), who employed condenmed criminals 
 in the task. (Plin. /■Jpist. x. 41.) [A. R.] 
 
 KAOnH"2 AI'KH. the civil action for theft, was 
 brought in the usual manner Ixdbre a diaetetes or 
 a court, the latter of which Meier (J//. I'roci'ss, (i7) 
 infers to have been under the presidency of the 
 thesmothetae, whether the prosecutor jin'lcired his 
 accusation by way of ypa(p-n ov Siicr]. We learn 
 from the law quoted by Demosthenes (c. Timocr. 
 733), that the criminal upon conviction was ob- 
 liged to pay twice the value of the theft to the 
 plaintiif if the latter recovered the specific thing 
 stolen ; that failing of this, he was bound to reim- 
 burse him tenfold, that the comt might inflict an 
 additional penalty, and that the criminal might be 
 confined in the stocks (TroSoKOKKr) ) five days and 
 as many nights. In some cases, a ))erson that had 
 been robbed was pennitted by tlie Attic law to 
 enter the house in which he suspected his property 
 was concealed, and institute a search for it (cpapav, 
 Aristoph. M(6c'S, 497 ; Plato, Dr. Lc;/. xii. 954) ; 
 but we are not infornied what powers he was sup- 
 plied with to enforce this right. Besides the above 
 mentioned action, a prosecutor might proceed by 
 way of fpatpr/j, and when the delinquent was de- 
 tected in the act, by ava-ywy/i or ((prfyqais. To 
 these, however, a penalty of 1(100 drachmae was 
 attached in case the prosecutor failed in establish- 
 ing his case ; so that a diffident plaintiif would 
 often consider them as less eligible means of ob- 
 taining redress. (Demosth. c. yl/«/*-o<. (iOl.) In 
 the aggravated cases of stealing in the day time 
 property of greater amount than 50 drachmae, or 
 I)}' night anything whatsoever (and upon this oc- 
 casion the owner was permitted to wound and 
 even kill the depredator in his flight), the most 
 trifling article from a gymnasium, or anything 
 worth 10 drachmae from the ports or public baths, 
 the law expressly directed an oKayuyri to the 
 Eleven, and, upon conviction, the death of the 
 oft'ender. (De'mosth. c. Timocr. 73(). 1.) If the 
 ypa<pTfi were adopted, it is probable that the i)unish- 
 ment was fixed by the court ; but both in this 
 case, and in that of conviction iji a SiVrj, liesides 
 restitution of the stolen property, the disfran- 
 
248 
 
 COCHLEA. 
 
 COCHLEAR. 
 
 chisement (drtixia) of the criminal would be a 
 necessary incident of conviction. (Meier, Att. 
 Process, 358.) [J. S. M.] 
 
 KNA'-i-OS. [TORMEN'TUM.] 
 
 COA VEST IS, the Coan robe, is mentioned 
 by various Latin authors, but most frequently and 
 distinctly by the poets of the Aufjustan age. 
 (TibuII. ii. 4 ; ii. 6 ; Propert. i. 2 ; ii. 1 ; iv. 2 ; 
 iv. 5 ; Hor. Carm. iv. xiii. 13, Sat. i. ii. 101 ; Ovid, 
 Ars Aim. ii. 298.) From their expressions we 
 learn that it had a great degree of transparency, 
 that it was remarkably fine, that it was chiefly 
 worn by women of loose reputation, and it was 
 sometimes dyed purple and enriched with stripes 
 of gold. It has been supposed to have been made 
 of silk, because in Cos silk was spun and woven at 
 a very early period, so as to obtain a high celebrity 
 for the manufactures of that island. (Aristotle, 
 Hist. Ajtim. V. 19.) The annexed woodcut is 
 from a painting discovered at Pompeii {Mus. Bor- 
 l/onico, viii. 5). It represents a lady wearing a 
 tunic of almost perfect transparency, so as to cor- 
 respond to the description of the Coa vestis. Her 
 head-dress is of the kind called KenpvipaKos in 
 Greek, and refkulum in Latin, which also occurs 
 in a figure on page 172. [J. Y.] 
 
 COA'CTOR. This name was applied to col- 
 lectors of various sorts, e. y. to the servants of the 
 publicani, or farmers of the public taxes, who col- 
 lected the revenues for them (Cic. Pro Rah. Post. 
 11); also to those who collected the money from 
 the purchasers of things sold at a public auction. 
 Horace {Sat. I. vi. 86) informs us that his father 
 was a coactor of this kind. Moreover, the servants 
 of the money-changers were so called, from col- 
 lecting their debts for them. (Cic. Pro Clmnt. b'4.) 
 The " coactores agminis" were the soldiers who 
 brought up the rear of a line of march. [R.W — N.] 
 
 CO'CHLEA (fcoxAi'as), which properly means a 
 snail, was also used in several other significations. 
 
 I. It signified a screw, one of the mechanical 
 powers, so named from its spiral form, which 
 resembles the wonning of a shell. The woodcut 
 annexed represents a clothes-press, from a painting 
 on the wall of the Chalcidicum of Eumachia, at 
 Pompeii, which is worked by two upright screws 
 {cochleae) precisely in the same manner as our own 
 linen presses. 
 
 A screw of the same description was also used 
 in oil and wine presses. (Vitruv. vi. 9. p. 180. ed. 
 Bipont. ; Palladius, iv. x. 10; II. xix. 1.) The 
 thread of the screw, for which the Latin language 
 has no appropriate term, is called ireptKOxMov in 
 Greek. 
 
 II. Cochlea was also the name of a spiral pump 
 for raising water, invented by Archimedes ( Diod. 
 Sic. i. 34 ; V. 37 ; compare Strab. xvii. 30), from 
 whom it has ever since been called the Archime- 
 dean screw. It is described at length by Vitruvius 
 
 A pump of this kind was used for discharging 
 the bilge-water in the ship of Hiero, which was 
 built under the directions of Archimedes. ( Athen. 
 V. 43.) 
 
 III. Cochlea was also the name of a peculiar 
 kind of door, through which the wild beasts passed 
 from their dens into the arena of the amphitheatre. 
 (Varro, De Re Rust. iii. 5. § 3.) It consisted of 
 a circular cage, open on one side like a lantern, 
 which worked upon a pivot and within a shell, 
 like the machines used in the convents and found- 
 ling hospitals of Italy, tenned rote, so that any 
 particular beast could be removed from its den into 
 the arena merely by turning it round, and with- 
 out the possibility of more than one escaping at 
 the same time ; and therefore it is recommended 
 by Varro {I.e.) as peculiarly adapted for an aviary, 
 so that the person coidd go in and out without 
 affording the birds an opportunity of flying away. 
 Schneider {in Ind. Script. R. R. s. v. Cavea), how- 
 ever, maintains that the cochlea in question was 
 nothing more than a portcullis {catapliracta) raised 
 by a screw, which interpretation does not appear 
 so probable as the one given above. [A. R.] 
 
 CO'CHLEAR (icoxAiapioi') was a kind of spoon, 
 which appears to have terminated with a point at 
 one end, and at the other was broad and hollow 
 like our own spoons. The pointed end was used 
 for drawing snails {cochleae) out of their shells, and 
 eating them, whence it derived its name ; and the 
 broader part for eating eggs, &c. Martial (xiv. 
 121) mentions both these uses of the cochlear, — 
 " Sum cochleis habilis nec sum minus utilis ovis." 
 (Compare PUn H. N. xxviii. 4 ; Petron. 33.) 
 
I CODEX GREGORIANUS. 
 Cochlear was also the name given to a small 
 measure like our spoonful. According to Rhemnius 
 : Fannius, it was of the cyathus. 
 
 CODEX is identical with caudex, as Claudius 
 and Clodim, daustrum and dostrum, caitda and 
 coda. Cato («;). Fro?it. Epist. ad M. Anton. I. 2) 
 still used the form caudex in the same sense in 
 which afterwards codex was used exclusively. 
 (Compare Ovid. Mctam. xii. 43'2.) The word 
 i originally signified the trunk or stem of a tree 
 (Virg. Gcory. ii. 30 ; Columella, xii. 19 ; Pliii. 
 H. N. xvi. 30), and was also applied to designate 
 anything composed of largo pieces of wood, whence 
 the small fishing or ferry boats on the Tiber, which 
 may originally have been like the Indian canoes, 
 or were constructed of several roughly hewn planks 
 ,i nailed together in a rude and simple manner, were 
 called naves caudkuriae, or codkariae, or ciiudiceac. 
 (Fest. and Varro, up. Nonium xiii. 12 ; Gellius, x. 
 25.) The surname of Caudex given to Appius 
 Claudius must be traced to this signification. But 
 the name codex was especially applied to wooden 
 tablets bound together and lined with a coat of 
 I wax, for the pui'pose of writing upon them, and 
 when, at a later age, parchment or paper, or other 
 materials were substituted for wood, and put together 
 in the shape of a book, the name of codex was still 
 applied to them. (Cic. Vcrr. ii. 1. 3G ; Dig. 32. tit. 1. 
 S.52; Sueton. Aug. 101.) In the time of Cicero we 
 I find it also applied to the tablet on which a bill was 
 : written ; and the tribune, Cornelius, when one of 
 ; his colleagues forbade his bill to be read by the 
 herald or scribe, read it \nmse\i {legit codicem suum ; 
 \ see Cic. iii Vat. 2, and Ascon. Ped. in Argum. ad 
 [i Cornel, p. 58. ed. Orelli). At a still later period, 
 I'l during the time of the emperors, the word was 
 ' used to express any collection of laws or constitu- 
 i tions of the emperors, whether made by private in- 
 |i dividuals or by public authority. See the foUow- 
 
 ■ \\ ing articles. [L. S.] 
 
 CODEX GREGORIA'NUS and HERMO- 
 " GENIA'NUS. It does not appear quite certain 
 if this title denotes one collection or two collec- 
 tions. The general opinion, however, is, that there 
 ' were two codices compiled respectively by Grego- 
 I nanus and Hermogenianus, who are sometimes, 
 
 ■ though, as it seems, incorrectly, called Gregorius 
 and Hcmiogenes. The codex of Grcgorianus con- 
 sisted of thirteen books at least, which were divid- 
 ed into titles. The fragments of this codex begin 
 
 , with constitutions of Septimius Severus, and end 
 with Diocletian and Maximian. The codex of 
 Hermogenianus, so far as we know it, is only 
 quoted by titles, and it also contains constitutions 
 of Diocletian and Maximian ; it may perhaps have 
 consisted of one book only, and it may have been a 
 kind of supplement or continuation to, or an abridg- 
 ment of, the other. The name Hennogenianus is 
 always placed after that of Gregorianus when this 
 
 : code is quoted. According to the Consultationes, 
 the codex of Hermogenianus also contained con- 
 stitutions of Valens and Valentinian 11, which, if 
 true, would bring down the compiler to a time some 
 years hiter than the reign of Constantino the Great, 
 under whom it is generally assumed that he wrote. 
 These codices were not made by imperial autho- 
 rity, so far as we know : they were the work of 
 private individuals, but apparently soon came to be 
 considered as authority in courts of justice, as is 
 shown indirectly by the fact of the Tlieodosian and 
 Justinian codes being formed on the model of the 
 
 CODEX JUSTINIANEUS. 249 
 
 Codex Gregorianus and Hermogenianus. (Zim- 
 mern, Gesclticlde des Romischen Privatrechts, Heidel. 
 1826 ; Hugo, Lrlirhuch der Geschichte des Rom. 
 Rechts, Berlin, 1832 ; Frag. Cod. Greg, et Hcrm. 
 in Schulting's Jurisprudcntia Vet. &c., and in the 
 Jus Civile Aniejusliti. Berol. 1815.) [G. L.] 
 
 CODEX JUSTINIANE'US. In February of 
 the year A. D. 528, Justinian appointed a commis- 
 sion, consisting of ten persons, to make a new col- 
 lection of imperial constitutions. Among these ten 
 were Tribonianus, who was afterwards employed 
 on the Digesta and the Institutiones, and Theo- 
 pliilus, a teacher of law at Constantinople. The 
 commission was directed to compile one code from 
 those of Gregorianus, Hennogenianus, and Theo- 
 dosius, and also from the constitutions of Theo- 
 dosius made subsequently to his code, from those 
 of his successors, and from the constitutions of 
 Justinian himself. The instructions given to the 
 commissioners empowered them to omit unneces- 
 sary preambles, repetitions, contradictions, <and 
 obsolete matter ; to express the laws to be derived 
 from the sources above mentioned in brief lan- 
 guage, and to place them under appropriate titles ; 
 to add to, take from, or vary, the words of the old 
 constitutions, when it might be necessary ; but to 
 retain the order of time in the several constitutions, 
 by preserving the dates and the consuls' names, 
 and also by arranging them under their several 
 titles in the order of time. The collection was to 
 include rescripts and edicts, as well as constitu- 
 tiones properly so called. Fourteen months after 
 the date of the coimnission, the code was conipleted 
 and declared to be law, under the title of the 
 Justinianeus Codex ; and it was declared that the 
 sources from which this code was derived were no 
 longer to have any binding force, and that the new 
 code alone should be referred to as of legal autho- 
 rity. {Coiistit. Dc Justin. Cod. Conjirmando.) 
 
 The Digest or Pandect, and the Institutiones, 
 were compiled after the publication of this code, 
 subsequently to which fifty decisiones and some 
 new constitutiones also were promulgated by the 
 emperor. This rendered a revision of the code 
 necessary ; and accordingly a commission for that 
 purpose was given to Tribonianus Dorotheus, 
 a distinguished teacher of law at Berytus in 
 Phoenicia, and three others. The new code was 
 promulgated at Constantinople, on the Kith No- 
 vember 534, and the use of the decisiones, the 
 new constitutiones, and of the first edition of the 
 Justinianeus Codex, was forbidden. The second 
 edition {sccmida edito, repetita praelectio, Cudex 
 repetitae jiraelectionis) is the code that we now 
 possess, in twelve books, each of which is divided 
 into titles. It is not known how many books the 
 first edition contained. The constitutiones are 
 arranged under their several titles, in the order of 
 time and with the names of the emperors by whom 
 they were respectively made, and their dates. 
 
 The constitutions in this code do not go further 
 back tlian those of Hadrian, and those of the im- 
 mediate successors of Hadrian are few in number ; 
 a circumstance owing in part to the use made of 
 the earlier codes in the compilation of the Justinian 
 code, and also to the fact of many of their earlier 
 constitutions being incorporated in the writings of 
 the jurists, from which alone any knowledge of 
 many of them could be derived. (Constit. L>e Etnen- 
 datiom Cod. Dom. .Justin.) 
 
 The constitutions, as they appear in this code, 
 
250 CODEX THEODOSIANUS. 
 
 COENA. 
 
 have been in many cases altered by the compilers, 
 and consequently, in an historical point of view, 
 the code is not always trustworthy. This fact 
 appears from a comparison of this code with the 
 Theodosian code and the Novcllae. The order of 
 the subject matter in this code corresponds, in a 
 oertiiin way, with that in the Digest. Thus the 
 seven parts, into which the fifty books of the 
 Digest are distributed, correspond to the first nine 
 books of the Code. The matter of the three last 
 books of the Code is hardly treated of in the 
 Digest. The matter of the first book of the Digest 
 is placed in the first book of the Code, after the 
 law relating to ecclesiastical matters, which, of 
 course, is not contained in the Digest ; and the 
 three following books of the first part of the Digest 
 correspond to the second book of the Code. The 
 following books of the Code, the ninth included, 
 correspond respectively, in a general way, to the 
 following parts of the Digest. Some of the con- 
 stitutions which were in the first edition of the 
 Code, and are referred to in the Institutiones, liave 
 been omitted in the second edition. (Instit. "2. tit. 
 20. s. 27 ; 4. tit. 6. s. 24.) Several constitutions, 
 which have also been lost in the course of time, 
 have been restored by Charondas, Cujacius, and 
 Contius, from the Greek version of them. For the 
 editions of the Code, see Corpus Juris. (Zim- 
 mern, &c. ; Hugo, Lchrbadi dvr Ocsc/iic/itc dcxJiuiii. 
 HccMs, &c.) [G. L.J 
 
 CODEX TIIEODOSIA'NUS. In the year 
 429, Theodosius II, commonly called Theodosius 
 the younger, appointed a commission, consisting of 
 eight persons, to fonn into a code all the edicta 
 and leges generales from the time of Constantino, 
 and according to the model of the Codex Grego- 
 rianus and Hennogenianus {ad simUitudinem O're- 
 (forkini vt Hcrmoijeniaui Codin!)). In ,435, the in- 
 structions were renewed or repeated ; but the com- 
 missioners were now sixteen in nmnber. Anti- 
 ochus was at the head of Itoth commissions. It 
 seems, however, to have been originally the design 
 of the emperor not only to make a code which 
 should be supplementary to, and a continuation of, 
 the Codex Gregorianus and Hennogenianus ; but 
 also to complete a work on Roman law from the 
 classical jiu'ists, and the constitutions prior to those 
 of Constantine. However this may be, the first 
 commission did not accomjdish this, and what we 
 now have is the code which was compiled by the 
 second commission. This code was completed, and 
 promulgated as law in the Eastern empire in 438, 
 and declared to be the substitute for all the consti- 
 tutions made since the time of Constantine. In 
 the same year (43(i) the code was forwarded to 
 Valentinian III, the son-in-hiw of Theodosius, by 
 whom it was laid before the Roman Senate, and 
 confinni'd as law in the Western empire. Nine 
 years later Theodosius forwarded to V'alentinian 
 ills new constitutions (iiovellue constitutintics), 
 which had been made since the publication of the 
 code ; and these also were in the next year (448) 
 promulgated as law in the Western empire. So 
 long as a connection existed between the Eastern 
 and Western empires, that is, till the overthrow of 
 the latter, the name Novellae was given to the 
 constitutions subsequent to the code of Theodosius. 
 The latest of these Novellae that has come down 
 to us is one of the time of Leo and Anthcmius, De 
 Uonis Vacantibus, a. i>. 408. 
 
 The Codex Thcodosianus consists of sixteen 
 
 books, the greater part of which, as well as his 
 Novellae, exist in their genuine state. The books 
 are divided into titles, and the titles are subdivid- 
 ed into sections or laws. The valuable edition of 
 J. Gothofredus(G vols. fol. Lugd. 1C(;5, rc-edited by 
 Rittcr, Lips. 173G — 1745. fol), contains the code 
 in its complete form, except tile first five books, 
 and the beginning of the sixth, for which it was 
 necessary to use the epitome contained in the Bre- 
 viariura [Breviarium]. This is also the case 
 with the edition of this code contained in the Jus 
 Civile Antejmstiyiiamuin. But the recent dis- 
 covery of a MS. of the Breviarium at Milan, by 
 Clossius, and of a Palimpsest of the Theodosian 
 code at Turin by Peyron, has contributed largely 
 both to the critical knowledge of the other parts 
 of this code, and has added nmnerous genuine con- 
 stitutions to the first five books, particularly to the 
 first. Hiiners discoveries also have added to our 
 knowledge of the later books. 
 
 The extract or epitome of the first five books in 
 the Breviarium is very scanty ; 262 laws, or frag- 
 ments of laws, were omitted, which the discoveries 
 of Clossius and Peyron have reduced to 200. 
 
 The Novellae Constitutiones anterior to the time 
 of J ustinian are collected in six books in the Jus 
 Civile Aidejusiiiiianeum. 
 
 The commission of Theodosius was empowered 
 to arrange the constitutiones according to their 
 subject, and under each subject according to the 
 order of time ; to separate those which con- 
 tained different matter, and to omit what was not 
 essentia! or supertluons. The arrangement of the 
 Theodosian code differs in the main from that of 
 the code of Justinian, which treats of jus ecclesi- 
 asticum in the begiiniing, while that of Theodosius 
 in the first book treats chiefiy of offices ; and the 
 second, third, fourth, and beginning of the fifth book 
 treat of jus privatum. The order here observed, 
 as well as in the code which it professed to follow 
 as a model, was the order of the praetorian edict, 
 and of the writers on the edict. The eighth book 
 contains the laws as to gifts, the penalties of celi- 
 bacy, and that relating to the jus liberoi-um. The 
 ninth book begins with crimes. The laws relat- 
 ing to the Christian church :ire contained in the 
 sixteenth and last book. It is obvious from the 
 circumstances under which the Theodosian and 
 .lustinian codes were compiled, and from a com- 
 parison of them, that the latter was greatly indebt- 
 ed to the fonner. The Theodosian code was also 
 the basis of the edict of Theodoric king of the 
 Ostrogoths ; it was epitomised, u-ith an inter- 
 pretation, in the Visigoth Lex Romana [Brevi- 
 ariuim] ; and the Burgundian Lex Romana, com- 
 monly c;dled Papiani Liber Responsorum was 
 founded upon it. [G. L.] 
 
 C( )1)1C1'LLUS. [Testamentum.] 
 
 COE'MPTIO. [Marriage.] 
 
 COENA. As the Roman meals are not always 
 clearly distinguished, it will be convenient to treat 
 of all under the most important one. The follow- 
 ing article is designed to give a short account of the 
 familiar day of the Romans. No one who remem- 
 bers the changes which custom has brought about 
 in our own country during the last centuT}', will 
 expect the same description of domestic manners 
 to apply to any considerable period of time. It 
 will suffice to take the ordinary life of the middle 
 ranks of society in the Augustan age, noticing 
 iiicidentall}' the most remarkable deviations, either 
 
COENA. 
 
 COENA. 
 
 251 
 
 »n the side of primitive simplicity or of late refine- 
 ment. 
 
 The meal with which the Roman sometimes be- 
 ' gan the day was the Jcntactiliim, a word derived, 
 ' as Isidore would have us believe, a Jijunio sohv/nlo, 
 and answering to the Greek a.KpaTi(Tfi6s. Festus 
 ' tells us that it was also called pmndkula or silatitm. 
 Though by no means uncommon, it does not ap- 
 
 • pear to have been usual, except in the case of 
 ■ children, or sick persons, or the luxurious, or, as 
 
 • Nonius adds (^Dc Ru Cih. i. 4), of labouring men. 
 . An irregular meal (if we may so express it) was 
 ; not likely to have any very regular time : two epi- 
 i.grams of Martial, however, seem to fix the hour at 
 1 about three or four o'clock in the morning. (Mart. 
 t Ep. xiv. 233; viii. 07. 9.) Bread, as we leam 
 
 from the epigram just quoted, formed the substan- 
 tial part of this early breakfast, to which cheese 
 
 I (Apul. Met. i. p. 11 0. ed. Francof. 1621), or dried 
 Iriiit, as dates and raisins (Suet. Auj. 76) were 
 sometimes added. The jenUtcidum of Vitellius 
 (Suet. Vit. c. 7. c. 13) was doubtless of a more 
 
 : solid character ; but this was a case of monstrous 
 luxury. 
 
 Next followed the pranilium or luncheon, with 
 persons of simple habits a frugal meal — • 
 
 " Quantmn interpellet inani 
 Ventre diem durare." 
 
 Ror.Sat. I. vi. 127,128. 
 
 As Horace himself describes it in another place 
 [Sid. II. ii. 17), 
 
 " Cum sale panis 
 Latrantem stomachum bene leniet," 
 agreeably with Seneca's account {Ep. 84), Panis 
 deinde siccus et sine mcnsu prundium, post quod 
 non su7it larandiie munus. From the latter pas- 
 sage we leam incidentally that it was a hasty 
 meal, such as sailors (Juv. Hat. vi. 101) and soldiers 
 (Liv. xxviii. 14) partook of when on duty, with- 
 out sitting down. The pmndiitm seems to have 
 originated in these military meals, and a doubt has 
 been entertained whether in their ordinary life the 
 Romans took food more than once in the day. 
 Phny {Ep. iii. 5) speaks of Autidius Bassus as fol- 
 lowing the ancient custom in taking luncheon ; but 
 again {Ep. iii. 1), in describing the manners of an 
 old-fasiiioned person, he mentions no other meal 
 hut the cocna. The following references ( Sen. E]>. 
 87 ; Cic. Ep. ad Attic uin. V. 1 ; Mart. vi. 0'4) seem 
 to prove that luncheon was an usual meal, although 
 It cannot be supposed that there were many who, 
 like V itellius, could avail themselves of all the va- 
 rious times which the different fashions of the day 
 allowed (^cpidas trifariam semper, intcrduni (juadri- 
 farium dispertiebat, in jentacula et prandia, et coc- 
 nas, coniissationesipiA; ; facile omni/ius siifficietis, 
 vomitandi consiietudine. Suet. Vit. 13). It would 
 evidently be absurd, however, to lay down uniform 
 rules for matters of individual caprice, or of fashion 
 at best. 
 
 The prandiiim, called by Suetonius {Aue/. 78) 
 cibus meridianas, was usually taken about twelve 
 or one o'clock. (Suet. (\d. 58, Claud. 34.) For 
 the luxm-ious palate, as we gather incidentally 
 from Horace's siitires, very dift'erent provision was 
 made from what was described above as his own 
 simple repast. Fish was a requisite of the table 
 {Sut. n. ii. Ki) — 
 
 " Foris est prouuis, et atrum 
 Deleudens pisces hyemat mare," 
 
 to wliich the choicest wines, sweetened with the 
 finest honey, were to be added — 
 
 " Nisi Hyraettia mella Falemo 
 Ne biberis diluta," 
 which latter practice is condemned by the learned 
 gastronomer {Sat. u. iv. 2G), who recommends a 
 weaker mixture — ■ 
 
 " Leni praccordia mulso 
 Prolueris melius," 
 and gravely advises to finish with mulberries fresh 
 gatliered in the morning (^Ilnd.'2\ — "23 ; see Tate's 
 Horna', 2nd ed. p. 97— lOfi). 
 
 The words of Festus, cocna apud antiquos dicc- 
 hatur ijuml nunc prandiuni, have given much trouble 
 to the critics, perhaps needlessly, when we remem- 
 ber the change of hours in our own country. If 
 we translate cocna, as according to our notions we 
 ought to do, by " dinner," they describe exactly 
 the alteration of our own manners during tlie last 
 century. The analogy of the Greek word htiwvov, 
 which, according to Athenaeus, was used in a 
 similar way for apiarov, also affords assistance. 
 Another meal, tenned mcrcnda, is mentioned by 
 Isidore and Festus, for which several refined dis- 
 tinctions are proposed ; but it is not certain that 
 it really diti'ered from the ]irandium. 
 
 The table, which was made of citron, maple- wood, 
 or even of ivory (Juv. Sat. xi.), was covered with 
 a mantclc, and each of the different courses, some- 
 times amounting to seven (.Juv. Sat. i. 95), served 
 upon a fcrculum or waiter. In the " munda 
 supellex" of Horace, great care was taken. 
 
 " Ne tuipe toral, ne sordida niajipa 
 
 Corruget nares ; ne non et cantharus et lanx 
 
 Ostendat tibi te." Ep. i. v. 22 — 24. 
 
 xVnd on the same occasion, the whole dinner, which 
 consisted of veget;ibles, was served up on a single 
 phitter (v. 2). 
 
 To return to our description, the dinner usually 
 consisted of three courses : first, the proinu/sis or 
 aidecoc/ui (Cic. Ep. <«/ Earn. ix. 20), called also 
 ijustatio (Petron. Sat. 31), made up of all sorts of 
 stimulants to the appetite, such as those described 
 by Horace {Sat. ii. viii. 8, 9), 
 " Rapula, lactucae, radices, qualia lassum 
 Pervellunt stomachum, siser, alec, faecula Coa." 
 Eggs also (Cic. Ep. ad Earn. ix. 20; H(U'. Sat. i. 
 iii. (!) were so indispensable to the first course that 
 they ahnost gave a name to it {uIj m-o Usque ad 
 mala). In the promnlxis of Trimalchio's su])per 
 (Petron. 31) — probably designed as a satire 
 on the emperor Nero — an ass of Corinthian brass 
 is introduced, bearing two panniers, one of white, 
 the otlier of black olives, covered with two large 
 dishes inscribed with Trimalchio's name. Next 
 come donnice {glircs) on small bridges sprinkled 
 with poppy-seed and honey, and hot sausages(fc/H(£- 
 cula) on a silver gridiron {craiicula), with S_yrian 
 prunes and pomegranate berries underneath. These, 
 however, were imperial luxuries ; the frugality of 
 Martial only allowed of lettuce and Sicenian olives ; 
 indeed he himself tells us that the pmmidsis was a 
 rehnement of modem luxury {Ep. xiil. xiv. 1 ). 
 Macrobius {Sat. ii. 9) has left an authentic record 
 of a cuena pontijrcum (see Hor. Carm. II. xiv. 28), 
 given by Lentulus on his election to the office of 
 flamen, in which the first com'se alone was made 
 up of the following dishes: — Sevei'al kinds of 
 shell-fish (echini, vstrcac crudae, jielorides, spondi/li, 
 yl iicomarides, murices puiyunw, ialani albi et 
 niyri), thnislies, asparagus, a fatted hen (^yaUiua 
 
252 
 
 COENA. 
 
 COENA. 
 
 alHlis), beceaficoes {ficedulae), nettles (uriicae), 
 the haunches of a goat and wild boar {lumhi capra- 
 gini, apniif/ii), rich meats made into pasties [altitia 
 ej; farina inroluta), many of which are twice re- 
 peated in the inventory. 
 
 It would far exceed the limits of this work even 
 to mention all the dishes which formed the second 
 course of a Roman dinner, which, whoever likes, 
 may find minutely described in Bulengems. {Dc 
 CWirir/is, ii. and iii.) Of birds, the Guinea hen 
 {^Afra avis), the pheasant (^jihasiuna, so called from 
 Phasis, a river of Colchis), and the thrush, were 
 most in repute ; the liver of a capon steeped in 
 milk (Pliny), and beccaficos {jicvdulae) dressed 
 with pepper, were held a delicacy. (Mart. iii. 5.) 
 The peacock, according to Macrobius (.y«/. ii. 9), 
 was first introduced by Hortensius the orator, at 
 an inaugural supper, and acquired such repute 
 among the Roman gourmands as to be com- 
 monly sold for fifty denarii. Other birds are 
 mentioned, as the duck (anas. Mart. xiii. 52), 
 especially its head and breast ; the woodcock 
 (utti.Kjcu ), the turtle, and tiamiiigo ( plioenicupterus. 
 Mart. xiii. 71), the tongue of which. Martial tells 
 us, especially commended itself to the delicate 
 palate. Of fish, the variety was perhaps still 
 greater: the charr {scants), the turbot (rltuniLits), 
 the sturgeon (acipenser), the mullet (inullus), 
 were highly prized, and dressed in the most 
 various fashions. In the banquet of Nasidienus, 
 an eel is brought, garnished with pra^v^ls swim- 
 ming in the sauce. (Mart. Xenia. xiii.) Of solid 
 meat, pork seems to have been the favourite dish, 
 especially sucking-pig (Mart. xiii. 41); the paps 
 of a sow served up in milk (siimcn. Ibid. JSp. 44 
 the flitch of bacon (j^ctaso, JJjt. 55), the womb of 
 a sow (^fulva, Ep. 50'), are all mentioned by 
 Martial. Boar's flesh and venison were also in 
 high repute, especially the former, described by 
 Juvenal {Sat. i. 141) as animal propter coiiviviu 
 7iutum. Condiments were added to most of 
 these dishes : such were the miiria, a kind of 
 pickle made from the tunny fish (Mart. xiii. 103); 
 the i/anim sociorum, made from the intestines of 
 the mackerel (^scomber), so called because brought 
 from abroad ; alec, a sort of brine ; faej; the sedi- 
 ment of wine, &c., for the receipts of which we 
 must again refer the reader to Catius's learned 
 instructor. (Hor. Sat. ii. iv.) Several kinds of 
 fungi (Ibid. V. 20) are mentioned, trufles (bule/i), 
 mushrooms (titU'res), which either made dishes by 
 themselves, or fonned the garniture for larger dishes. 
 
 It must not be supposed that the artistes of im- 
 perial Rome were at all behind ourselves in the 
 preparation and arrangements of the table. In a 
 large household, the functionaries to whom this 
 important part of domestic economy was entrusted 
 were four, the butler (promiis), the cook {archi- 
 wayirus), the arranger of the dishes (strnctor), and 
 the carver [car/itor or scissor). Carving was 
 taught as an art, and, according to Petronius (.35, 
 36), perfonncd to the sound of music, with appro- 
 priate gesticulations (Juv. Sat. v. 121), 
 "■ Neque enim minimo discrimine refert 
 
 Quo vultu lepores ct quo gallina secetur." 
 
 In the supper of Petronius, a large round traj' 
 (ferculimi, rcposiluriinii) is brought in, with the 
 signs of the zodiac figured all round it, upon each 
 of which the artiste (strnctor) had placed some ap- 
 propriate viand,* a goose on Aquarius, a pair of 
 scales with tarts {scriblitac) and cheesecakes (pla- 
 
 centae) in each scale on Libra, &c. In the middle 
 was placed a hive supported by delicate herbage. 
 Presently four slaves come forward dancing to the 
 sound of music, and take away the upper part of 
 the dish ; beneath appear all kinds of dressed 
 meats ; a hare with wings, to imitate Pegasus, 
 in the middle ; and four figures of Marsyas at the 
 comers, pouring hot sauce (yarum pipcratum) over 
 the fish, that were swimming in the Euripus be- 
 low. So entirely had the Romans lost all shame 
 of luxmy, since the days when Cincius, in support- 
 ing the Fannian law, charged his own age with 
 the enonuity of introducing the porcus Trojantts 
 (a sort of pudding stuffed with the flesh of other 
 animals, Macrob. Sat. ii. 2). 
 
 The bellaria or dessert, to which Horace alludes 
 when he says of Tigellius ab ovo Us<jue ad mala 
 citarct, consisted of fruits (which the Romans 
 usually ate uncooked), such as almonds(a7n^^</a/ae), 
 dried grapes (uvae passae), dates (palmulae, larytt- 
 lae, dactt/li) ; of sweetmeats and confections, called 
 cdulia nwllita, dulciaria, such as cheesecakes (m- 
 peiliae, crustula, liba, placentae, artiduyani), almond 
 cakes (cuptue), tarts (scriblitae), whence the maker 
 of them was called pistor dulciarius, placentarius, 
 libarius, &c. 
 
 We will now suppose the table spread and the 
 guests assembled, each with his mappa or napkin 
 (Mart. xii. 29), and in his dinner dress, called 
 coenaturia or cnbituria, usually of a bright colour 
 (Petron. c. 21 ), and variegated with flowers. Fii'st 
 they took off their shoes for fear of soiling the 
 couch (Mart. iii. 30), which was often inlaid with 
 ivory or tortoiseshell, and covered with cloth of 
 gold. Next they laid down to eat (Hor. Sat. 
 
 I. iv. 39), the head resting on the left elbow and 
 supported by cushions. ( Mart. iii. Ep. 8.) There 
 were usually, but not always, three on the same 
 couch (Hor. Sat. i. iv. 8G), the middle place being 
 esteemed the most honourable. Around the tables 
 stood the servants (ministri) clothed in a tunic 
 ( Hor. Sat. II. vi. 107), and girt with napkins (Suet. 
 Cal. 26): s ime removed the dishes and wiped the 
 tables with a rough cloth (yausapc, Hor. Sat. il. 
 viii. II), others gave the guests water for their 
 hands, or cooled the room with fans. (Mart. iii. 
 82.) Here stood an eastern youth (Juv. Sat. v. 
 55) behind his master's couch, ready to answer 
 the noise of the fingers (diyiti crepitus. Mart. vi. 
 89), while others bore a large ])\a.tleT (inazonomum) 
 of different kinds of meat to the guests. (Hor. Sat. 
 
 II. viii. 8(i.) 
 
 Whatever changes of fashion had taken place 
 since primitive times, the coena in Cicero's 
 day (Ep. ad Ait. ix. 7) was at all events an even- 
 ing meal. It was usual to bathe about two 
 o'clock and dine at three, hours which seem to 
 have been observed, at least by the higher 
 classes, long after the Augustan age. (Mart. iv. 
 viii. 6 ; xi. liii. 3 ; Cic. Ad Earn. ix. 26 ; Plin. 
 Ep. iii. 1.) When Juvenal mentions two o'clock 
 as a dinner hour, he evidently means a censure on 
 the luxury of the person named (Sat. i. 49, 50), 
 
 " Exul ab octava Marius bibit." 
 In the banquet of Nasidienus, about the same hour 
 is intended when Horace says to Fundanius, 
 " Nam mihi quaerenti convivam dictus here illic 
 De medio potare die." 
 
 Horace and Maecenas used to dine at a late 
 hour about sunset. (Hor. Sat. ii. vii. 33; Ep. i. 
 V. 3.) Perhaps the various statements of classical 
 
COENA. 
 
 COONATI. 
 
 253 
 
 authors upon this subject can only he reconciled by- 
 supposing that with the Romans, as with our- 
 selves, there was a great variety of hours ifi the 
 diiTerent ranks of societJ^ 
 
 Dinner was set out in a room called coenalio or 
 (Haeta (which two words perhaps conveyed to a 
 Roman ear nearly the same distinction as our 
 dining-room and parlour). The coenatuj, in rich 
 men's houses, was fitted up with great magnificence. 
 (Sen. Ep. 90.) Suetonius (^Nero, 31) mentions a 
 supper-room in the golden palace of Nero, con- 
 structed like a theatre, with shifting scenes to 
 change with every course. The garret of the poor 
 man was termed coenaculum. (Juv. Sat. x. 17 ; 
 Hor. Ep. 1. i. 91.) In the midst of the coenatio 
 were set three couches (irkli/iia), answering in 
 shape to the square, as the long semicircular 
 couches (sigmata) did to the oval tables. An 
 account of the disposition of the couches, and of 
 the place which each guest occupied, is given in 
 the article Triclinium. 
 
 The Greeks and Romans were accustomed, in 
 later times, to recline at their meals ; though this 
 practice could not have been of great antiquity' in 
 Greece, since Homer never describes persons as 
 reclining, but always as sitting, at their meals. 
 Isidore of Seville [Ori(/. xx. II) also attributes 
 the same practice to the ancient Romans. Even 
 in the time of the early Roman emperors, children 
 in families of the highest rank used to sit together 
 at an inferior table, while their fathers and elders 
 reclined on couches at the upper part of the room. 
 (Tacit. Ann. xiii. 16; Suet. Aur/. G5, Claud. 32.) 
 
 Roman ladies continued the practice of sitting 
 at table, even after the recumbent position had be- 
 come common with the other sex. (Varro, ap. 
 Lid. Oii,,. XX. 11 ; Val. Max. ii. I. § 3.) It ap- 
 pears to have been considered more decent, and 
 more agreeable to the severity and purity of ancient 
 manners, for women to sit, more especially if manj- 
 persons were present. But on the other hand we 
 find cases of women reclining, where there was 
 conceived to be nothing bold or indelicate in their 
 posture. In some of the bas-reliefs, representing 
 the visit of Bacchus to Icaros, Erigone, instead of 
 sitting on the couch, reclines upon it in the bosom 
 of her father. In Juvenal {Sat. ii. 120) a bride re- 
 clines at the marriage supper on the bosom of her 
 husband ; which is illustrated by the following 
 woodcut, taken from Montfaucon {Ant.Euvp.Suppl. 
 iii. b"6). 
 
 table is spread with viands before them. Their 
 two sons are in ft'ont of the sofa, one of them sit- 
 ting, in the manner above described, on a low 
 stool, and playing with the dog. Several females 
 and a boy are perfonning a piece of music for the 
 entertainment of the married pair. 
 
 Before lying down, the shoes or sandals were 
 taken off, and this was commonly done by the at- 
 tendants. (Terent. Hraiit. I. i. 72.) In all the 
 ancient paintings and bas-reliefs illustrative of this 
 subject, we see the guests reclining witli naked 
 feet ; and in those of them which contain the fa- 
 vourite subject of the visit of Bacchus to Icarus, 
 we observe a faun performing fiir Bacchus this 
 office. The following woodcut, taken from a terra 
 cotta in the British Museum, representing this 
 subject, both shows the naked feet of Icarus, who 
 has paitl_v raised himself from his couch to welcome 
 his guest, and also that Bacclius has one of his 
 feet already naked, whilst the faun is in the act of 
 removing the shoe from the other. 
 
 It seems intended to represent a scene of perfect 
 matrimonial felicity. The husband and wife re- 
 cline on a sofa of rich materials. A three-legged 
 
 For an account of Greek meals, see the article 
 AErnNON. [B. J.] 
 
 COENA'CULUM. [Coena.] 
 
 COENA'TIO. [Coena.] 
 
 COGNA'TI. The following passage of Ulpian 
 {Frag. tit. 20'. § I) will serve as the best introduc- 
 tion to the meaning of this tei-m, while it shows on 
 what occasions questions involving cognatio and 
 agnatio arose :— 
 
 " The hereditates of intestate ingenui belong in 
 the first place to their sui heredes, that is, children 
 who are in the power of the parent, and those who 
 are in the place of children (as grandchildren for 
 instance) ; if there are no sui heredes, it belongs to 
 the consanguinei, that is, brothers and sisters by 
 the same father (it was not necessary that tiiey 
 should be by the same mother) ; if there are no 
 consanguinei, it belongs to the remaining and 
 nearest agnati, that is, to the cognati of the male 
 sex, who trace their descent through males, and 
 are of the same familia. And this is provided by 
 the following law of the Twelve Tables : — Si in- 
 testato moritur cui situs lieres nec escit, agnatus 
 projtimus familiam habelo." 
 
 The foundation of cognatio is a legal marriage. 
 The temi cognatus (with some exceptions) com- 
 prehends agnatus : an agnatus may be a cognatus, 
 
254 
 
 COGNATI. 
 
 COGNATI. 
 
 but a cognatiis is only an agnatus when his rela- 
 tionship by Wood is traced through males. 
 
 A correct notion of tlie tenns agnatus and cog- 
 natus cannot be had without referring to the notion 
 of the jiatria potestas, and to one of the various 
 senses of the word familia. In one sense, then, 
 familia signifies ail those free persons who are in 
 the power of the same paterfamilias, or head of a 
 familia ; and in this sense familia signifies all the 
 agnati, or all those who are united in one body by 
 the common bond of the patria potestas. The cog- 
 natio, as already said, was the relationship of blood 
 which existed between those who were sprung 
 fi'om a connnon pair, and it therefore (with some 
 exceptions) contained the agnatio. But legitimate 
 grandchildren of sons who were not emancipated 
 were also in the patria potestas, consequently 
 fonned part of the familia, and were agnati. 
 Adopted children were also in the father's power ; 
 and consequently were agnati, though they were 
 not coguati. The paterfamilias maintained his 
 power over his familia so long as he lived, except 
 over those who were emancipated, or passed into 
 another familia, or in' any way sustained a demi- 
 nutio capitis. On his death, the common bond of 
 the patria potest;is was dissolved, and his sons be- 
 came respectively heads of families; that is, of per- 
 sons who were in tlieir power, or, with respect to one 
 another, were agnati. But all these persons con- 
 tinued to be members of the same familia ; that is, 
 they were still agnati, and consequently the agnatio 
 subsisted among persons so long as they could 
 trace back their descent through males to one com- 
 mon paterfamilias. 
 
 Agnati, then, may be briefly explained to be 
 those "■ who would be in the patria potestas, or in 
 jus, as a wife in mauits viri, or in the manus of a 
 son who is in the father's power, if the paterfami- 
 lias were alive ; and this is true whether such 
 persons ever were actually so or not." (Hugo, 
 Lclirhucli, &c.) 
 
 We must suppose then, in order to obtain a 
 clear notion of agnatio, that if the person from 
 whom the agnati claim a common descent were 
 alive, and they were all in his power, or in his 
 manus, or in the manus of those who are in his 
 power, they would aO be agnati. In order, then, 
 that agnatio may subsist between persons, the per- 
 son from whom the descent is chiimed must have 
 lost his patria potestas by death only, and not by 
 any capitis deminutio, and consequently not by 
 any of his children passing into any other patria 
 potestas, or into the manus viri, which would in 
 effect be passing into another agnatio; for a person 
 could not at the same time be an agnatus of two 
 altogether different families. Accordingly adoption 
 destroyed agnatio, and the emancipation of a son 
 by his father took away all his rights of agnatio, and 
 his foniier agnati lost all their rights against him. 
 
 " The patricians, as gentiles, gained what others 
 lost as agnati, and they kept as gentiles what they 
 themselves lost as agnati ; and this strict doctrine 
 of the complete loss of the agnatio appear there- 
 fore to have originated with them." (Hugo, 
 Lehrlmch, &c.) 
 
 The meaning of consanguinei has already been 
 given by Ulpian. Those who were of the same 
 blood by both parents, were sometimes called 
 gerniani ; and consanguinei were those who had a 
 common father onlj' ; and uterini those who had a 
 common mother only. 
 
 Tritavus, 
 Trjtavia. 
 6. 
 
 Atavus, 
 Atavia. - 
 5. 
 
 V. 
 
 — Abpatruus, 
 Abavus, Abamita, 
 Abavia, — Abavunculus, 
 Abmatertera. 
 4. C. 
 
 ni. 
 
 IV. 
 
 — Propatruus, 
 Proavus, Proamita, 
 Proavia. — Proaviniculus 
 PromatiTt.— 
 
 m. 
 
 ■ Patruus, 
 Avus, Amita, 
 Avia- — Avunculus, 
 Mater. Mag.- 
 4. 
 
 Pater, 
 Mater. — 
 
 IS EAVK 
 
 de cujus 
 cognatione 
 quaeiitur. 
 
 I 
 
 i. 
 
 Filius, 
 Filia. 
 
 NepoR, 
 Nejitis. 
 
 111. 
 
 Pronepns, 
 ProiiL-ptib. 
 
 Abnepos, 
 Abneptis. 
 
 if. 
 
 - Patiuii! 
 
 Amita, 
 Avunculus, 
 Matevtcra — 
 3. 
 
 - Prater, 
 
 Sorer. 
 2. 
 
 riorum, 
 Filius, 
 Filia. 
 3. 
 I 
 
 iii. 
 Horura, 
 Nepos, 
 Neptis. 
 4. 
 I 
 
 iv. 
 Horum, 
 Proiiepos, 
 Proneptis. 
 .■). 
 1 
 
 v. 
 
 Horum, 
 Abnepos, 
 Abneptis. 
 C. 
 
 IV. 
 
 -Horum, 
 Filius, 
 Filia. 
 6. 
 
 iii. 
 
 ' — Propior, 
 Sobriuo, 
 Sobrinavc- 
 
 Consobrinus — SobrinuSi 
 Cousobiina. Sobrina. 
 4. 0. 
 
 111. 
 
 Horum, 
 Filius, 
 Filia. 
 5. 
 I 
 
 iv. 
 Horum, 
 Nepos, 
 Nejitis, 
 
 «. 
 
 I 
 
 V. 
 
 Atnepos, 
 Atneptis. 
 
 5. 
 
 1 
 
 vi. 
 Triuepos, 
 Triiioptis. 
 
 6. 
 
 This table shows all the degrees of cognatio in 
 the Roman law, and, of course, also the degrees of 
 agnatio. The degree of relationship of any given 
 person in this stenima, to the person with respect 
 to whom tlie relationship is inquired after (is cure, 
 &c.),is indicated by the figures attiiched to the seve- 
 ral words. The Roman numerals denote the degive 
 of cognatio in the canon law ; and the Arabic 
 numerals, the degrees in the Roman or civil law. 
 The latter mode of reckoning is adopted in Eng- 
 land, in ascertaining the persons who are entitled 
 
COLLEGIUM. 
 
 COLLEGIUM. 
 
 255 
 
 as next of kin to the personal estate of an intestate. 
 It will be observed, that in tlio canon law, the 
 iHimljor which expresses the collateral degree is 
 nlways the greater of the two nximbers (when they 
 me ditfercnt) which express the distance of the 
 two parties from the common ancestor; but in 
 the civil law, the degree of relationship is ascer- 
 tained by counting from either of the two persons 
 to the other through the common ancestor. All 
 those words on which the same Roman, or the 
 R.-nne Arabic, numerals occur, represent persons 
 who are in the same degree of cognatio, according 
 to these respective laws, to the person in can; &c. 
 
 (Hugo, ic7u-^(a'/!, &c. ; Mrfrezoll, i,(!///-i«(7/, &c.; 
 Dig. 38. tit. 10, Be Gradiljiis, &c. ; Ulp. Fm<j. 
 ed^ Bocking.) [U. L.] 
 
 CO'(iNlTOR. [Actio.] 
 COGNO'MEN. [NoMKN.] 
 COllORS. [Armv (Roman), p. 9.5.] 
 COLLA'TIO BONO'RUM. [Bonorum Col- 
 
 I.ATIO.] 
 
 COLLE'GIUM. The persons who fonned a 
 collegium, were called coUegae or sodales. The 
 word collegium ])roperly ex)iressi"d tlie notion of 
 several persons bi'ing imited in any oitic(^ or for 
 any common purpose (Liv. x. 13. 22 ; Tacit. Ann. 
 iii. 31); it afterwards came to signify a body of 
 )"Tsons, and tlie luiion whicli bound them together. 
 The collegium was the iraipla of the Greeks. 
 
 The legal notion of a coUegiura was as follows : — 
 A collegium or corpus, as it was also called, must 
 consist of three persons at least. (Dig. 50. tit. Hi. 
 K. i>.5.) Persons who legally fonned such an asso- 
 ciation were said cor}>us haherc, which is equiva- 
 lent to our phrase of being incor|)orated ; and in 
 later times they were said to be coijMmti, and the 
 body was called a corporatio. Those who farmed 
 the public revenues, mines, or salt-works {.lo/iiKir) 
 might have a corpus. The power of forming such 
 a collegium or societas (for this term also was 
 used), was limited by various leges, senatuscon- 
 siilta, and imperial constitutions. (Dig. 3. tit. 4.) 
 Associations of individuals, who were entitled 
 to have a corpus, could hold property in com- 
 mon ; they could hold it, as the Rinnan jurists 
 remark, just as the state held property (/t.v cum- 
 \ munes). These collegia had a common chest, and 
 could sue and be sued by their syndicus or actor. 
 Such a body, which was sometimes also called a 
 universitas, was a legal unity. That which was 
 due to the body, was not due to the individuals of 
 it ; and that which the body owed, was not the 
 debt of the individuals. The common property of 
 the body was liable to be seized and sold for the 
 debts of the body. The collegium or universitas 
 I' was governed by its own regulations, which might 
 'i be any regulations that the body agreed upon, pro- 
 ' vided they were not contrary to law: this provi- 
 ' sion, as Gaius conjectures (Dig. 47. tit. 22), was 
 , derived from a law of Solon, which he cpiotes. The 
 (| collegimn still subsisted though all the origiiud 
 I' members were changed : it had, as our law ex- 
 ,' presses it, perpetual succession. Thus it appears 
 that the notion of a collegium is precisely that of 
 our modern incorporations, the origin of which is 
 clearly traceable to these Roman institutions. 
 
 A lawfully constituted collogiimi was legiti- 
 mum. Associations of individuals, which affected 
 to act as collegia, but were forbidden by law, were 
 called illicita. 
 
 It does not appear how collegia were formed. 
 
 except that some were specially established (Liv. 
 V. 50. .52) by legal authority. ( Liv. v. 50. 52 ; 
 Suet. Ccws. 42, A>it/. 32; Dig. 3. tit. 4. s. 1.) 
 Other collegia were proI)ably fonned by voluntary 
 associations of individuals under the provisions of 
 some general legal authority, such as those of the 
 publicani. This supposition would account for the 
 fact of a great number of collegia being formed in 
 the course of time, and many of them being occa- 
 sionally suppressed as not legitima. 
 
 Some of these coi-porate bodies resembled our 
 companies or guilds ; s\ich were the fabrorum, pis- 
 tonmi, &c. collegia. Others were of a religious 
 char.acter ; such as the pontificum, augurum, fra- 
 trum arvalium collegia. Others were bodies con- 
 cemed about govennuent and administration ; as 
 tribunorum jilcbis (Liv. 42. c. 32), (luaestonim, 
 decurionuni ciiUrgia. 'I'he titles of numerous other 
 collegia may be collocted from the Roman writers, 
 and from inscriptions. 
 
 According to the definition of a collegium, the 
 consuls being onlj' two in number were not a col- 
 legium, though each was called collega with re- 
 s])('i t to the other, and their union in office was 
 called collcghmi. It does not appear that the 
 Romans ever called the individual who, for the 
 time, filled an office of perpetual continuance, a 
 miiversitas or collegium ; a kind of contradiction in 
 t<'rms, which it has been reserved for modem times 
 to introduce, under the name of a corjioration sole. 
 But the notion of a ])erson succeeding to all the 
 property and legal rights of a predecessor was fami- 
 liar to the Romans in the case of a heres, who was 
 said to take per unirersi/Ktcni, and the same notion, 
 no doubt, always existed with respect to indivi- 
 duals who held any office in perpetual succession. 
 
 According to Ulpian a universitas, though re- 
 duced to a single nuunber, was still considered a 
 universitas ; for the individual possessed all the 
 rights which once belonged to the body, and the 
 name by which it was distinguished. 
 
 When a new member was taken into a coll^- 
 gium, he was said co-optari, and the old members 
 were said with respect to him, rcciperc in cnllcijium. 
 The mode of filling up vacancies would vary in dif- 
 ferent collegia. The statement of their rules be- 
 longs to the sevend heads of AuuUR, &c., which 
 are treated of in this work. 
 
 Civitates and res publicac (civil communities) 
 and municipia (in the later sense of the term) 
 were viewed, in a manner, as corporations, though 
 they were not so aiUed ; they could have property 
 in common, and in some respects act as corpora- 
 tions ; but they do not seem ever to have been 
 legally considered as corporations, because they 
 consisted of an indetcnninate number of individuals. 
 
 According to Pliny (Ep. v. 7 ; Ulp. Fr. tit. 22. 
 s. 5) res publicae and municipia could not take 
 as heres ; and the reason given is, that they were a 
 corpus incertum, and so could not ceniov, Iwredilu- 
 tem ; that is, do those acts which a heres must do 
 in order to show that he consents to be a heres. 
 Universitates, generally, are also considered by 
 modem writers to be within this mle, though they 
 are clearly not within the reason of it ; for a colle- 
 gium, which consisted of a detemiined numT)er of 
 individuals, was no more a corpus incertum than 
 any other ninnber of ascertjiined individuals, and 
 all that could possibly be required of them would 
 be the consent of all. Municipia could, however, 
 acquire propeity by means of other persons, whether 
 
256 
 
 COLONIA. 
 
 COLONIA. 
 
 bond or free (Dig. 41. tit. 2. s. 1. § 22): and they 
 could take fideicommissa under the senatuscousul- 
 tuni Apronianum which was passed in the time of 
 Hadrian, and extended to licita collegia in the 
 time of M. Aurelius. (Dig. 34. tit. .5. s. 21.) By 
 another scntatusconsultum, the lilierti of municipia 
 might make the municipes their heredes. The gods 
 could not be made heredes, except such deities as 
 possessed this capacity by special senatuscon- 
 sulta or imperial constitutions, such as Jupiter 
 Tarpeius, &c. (Ulp. Fr. tit. 22. s. 6.) By a con- 
 stitution of Leo (Cod. vi. tit. 24. s. 12) civitates 
 could take property as heredes. In the time of 
 Paulus (who wrote between the time of Caracalla 
 and Alexander Sevenis) civitates coidd take lega- 
 cies of particular kinds. 
 
 Though civitates within the Roman empire 
 could not receive gifts l)y will, yet independent 
 states could receive gifts in that way (Tacit. Ann. 
 iv. 43), a case which furnishes no objections to the 
 statement above made by Pliny and Ulpian. In 
 the simie way the Roman state accepted the in- 
 heritance of Attains, king of Pergamus, a gift 
 which came to them from a foreigner. The Ro- 
 man lawyers considered such a gift to be accepted 
 by the jus gentium. [G. L.] 
 
 COLO'NI. [Praedium.] 
 
 COLO'NIA. This word contains the same 
 element as the verb coh-re, " to cultivate," and as 
 the word cobmits. which probably originally signified 
 a " tiller of the earth." The Knglish word colony, 
 which is derived from the Latin, perhaps expresses 
 the notion contained in this word more nearly 
 than is generally the case in such adopted terms. 
 
 A kind of colonisation seems to have existed 
 among the oldest Italian nations, who, on cer- 
 tain occasions, sent out their superfluous male po- 
 pulation, with arms in their hands (i'cpo ye<(T7;s), 
 to seek for a new home. (Dion. Antiq. Rom. i. 16.) 
 But these were apparently mere bands of adven- 
 turers, and such colonies rather resembled the old 
 Greek colonies, than those by which Rome ex- 
 tended her dominion and her name. 
 
 Colonies were established by the Romans as far 
 back as the annals or traditions of the city extend, 
 and the practice was continued, without inter- 
 mission, during the republic and under the empire. 
 Sigonius (/)c Aniiquo Jure Ituliac, p. 215, &c.) 
 enumerates six main causes or rca.sons which, from 
 time to time, induced the Romans to send out 
 colonies ; and these causes are connected with 
 many memorable events in Roman history. Colo- 
 nies were intended to keep in check a conquered 
 people, and also to repress hostile incursions, as in 
 the case of the colony of Naniia (Liv. x. 10), 
 which was founded to check the Umbri; and Min- 
 tumae and Sinuessa (x. 21), Cremena and Pla- 
 centia (xxxvii. 46), which were founded for simi- 
 lar purposes. Cicero (2 De Leg. A(/r. c. 27) calls 
 the old Italian colonies the "propugnacula imperii ;" 
 and in another passage {Pro Font. c. 1) he calls 
 Narbo Martins (Narbonne), which was in the 
 provincia Gallia, " Colonia nostrorum civium, 
 specula populi Romani et propugnaculum." An- 
 other object was to increase the power of Rome by 
 increasing the population. (Liv. xxvii. 9.) Some- 
 times the immediate object of a colony was to 
 carrj' off a number of turbulent and discontented 
 persons. Colonies were also established for the 
 purpose of providing for veteran soldiers, a prac- 
 tice which was begun by Sulla, and continued 
 
 under the emperors : these coloniae were called 
 militares. 
 
 It is remarked by Strabo (p. 216. ed. Casaub.), 
 when speaking of the Roman colonies in the north 
 of Italy, that the ancient names of the places were 
 retained, and that though the peojile in his time 
 were all Roman, they were called by the names of 
 the previous occupiers of the soil. This fact is in 
 accordance with the character of the old Roman 
 colonies, which were in the nature of garrisons 
 planted in conquered towns, and the colonists had 
 a portion of the conquered territory (usually a third 
 part) assigned to them. The inhabitants retained 
 the rest of their lands, and lived together with the 
 new settlers, who alone composed the proper 
 colony. {Dion. Antiq. Rom. ii. 53.) The conijuered 
 people must at first have been quite a distinct class 
 from, and inferior to, the colonists. The defini- 
 tion of a colonia by Gellius (xvi. 13) will appear, 
 from what has been said, to be sufficiently exact: 
 — " Ex civitate quasi propagatae — populi Romani 
 quasi effigies parvae simulacraque." 
 
 No colonia was established without a lex, ple- 
 biscitum, or senatusconsultum ; a fact which shows 
 that a Roman colony was never a mere body of 
 adventurers, but had a regular organisation by the 
 parent state. According to an ancient definition 
 quoted by Niebuhr {Sen: ad Acn. i. 12), a 
 colony is a body of citizens, or socii, sent out to 
 possess a commonwealth, with the approbation of 
 their own state, or by a public act of that people 
 to whom they belong ; and it is added, those are 
 colonies which are founded by public act, not by 
 any secession. Many of the laws which relate to 
 the establishment of coloniae were leges agrariae, 
 or laws for the division and assignment of public 
 lands, of which Sigonius has given a list in his 
 work already referred to. 
 
 When a law was passed for founding a colony, 
 persons were appointed to superintend its foniia- 
 tion {coloniam ilediicere). These persons varied in 
 number, but three was a common number {trium- 
 viri ad colojios deducendos, Liv. xxxvii. 46). We 
 also read of duumviri, quinqueviri, vigintiviri for 
 the same purpose. The law fixed the quantity of 
 land that was to be distributed, and how much 
 was to be assigned to each person. No Roman 
 could be sent out as a colonist without his free 
 consent, and when the colony was not an inviting 
 one, it was difficult to fill up the number of volun- 
 teers. (Liv. X. 21.) 
 
 Roman citizens who were willing to go out as 
 members of a colony gave in their names at Rome. 
 Cicero {Pro Dom. c. 30) says that Roman citi- 
 zens who chose to become members of a Latin 
 colony must go voluntarily {imdores fudi), for this 
 was a capitis deniinutio ; and in another passage 
 {Pro Cacdn. 33) he alleges the fact of Roman 
 citizens going out in Latin colonies as a proof that 
 loss of civitas must be a voluntaiy act. It is tnie 
 that a member of a Roman colony would sustain 
 no capitis deniinutio, but in this case also there 
 seems no reason for supposing that he ever joined 
 such a colony without his consent. 
 
 The colonia proceeded to its place of destination 
 in the form of an ai-my (^sul) vcjillo), which is in- 
 dicated on the coins of some coloniae. An urbs, if 
 one did not already exist, was a necessary part of 
 a new colony, and its limits were marked out by 
 a plough, which is also indicated on ancient coins. 
 The colonia had also a territoiy, which, whether 
 
COLONIA. 
 
 COLONIA. 
 
 257 
 
 '•larked out by the plough or not (Cic. Pldl. ii. 40), 
 yas at least marked out by motes and bounds. 
 : "hua the urbs and territory of the colonia rcspec- 
 ively corresponded to the urbs Roma and its terri- 
 ory. Religious ceremonies always accompanied 
 lie foundation of the colony, and the anniversary 
 vas afterwards observed. It is stated that a 
 olony could not be sent out to the same place to 
 vhich a colony had already been sent in due form 
 aaspicato deducta). This merely means that so 
 ong as the colony maintained its existence, there 
 (luld be no new colonj' in the same place ; a doc- 
 rine that would hardlj' need proof, for a new 
 :olony implied a new assignment of lands ; but 
 lew settlers (nmn adscripti) might be sent to oc- 
 . :iipy colonial lands not already assigned. ( Cic. 
 jPM. ii. 40.) Indeed it was not unusual for a 
 ,;olony to receive additions (Tacit. Ann. xiv. 27) ; 
 md a colony might be re-established, if it seemed 
 lecessary, from any cause ; and under the emperors 
 ^llch re-establishment might lie entirely arbitrary, 
 md done to gratify personal vanity, or from any 
 other motive. (Tacit. Ann. xiv. 27. Puteoli ; and 
 I the note in ObcrUn's Tacitus.) 
 
 Tlie commissioners appointed to conduct the 
 colony had apparently a profitable office, and the 
 establishment of a new settlement gave employ- 
 ment to numerous functionaries, among whom 
 Cicero enumerates — apparitores, scribae, librarii, 
 praecones, architecti. The foundation of a colony 
 might then, in many cases, not only be a mere 
 party measure, carried for the purpose of gaining 
 popularit}^, but it would give those in power an 
 opportunity of providing places for many of their 
 friends. 
 
 A colonia was a part of the Roman state, and it 
 had a respublica ; but its relation to the parent state 
 might vary. In Livj' (xxxix. 55) the question 
 was whether Aquileia should be a colonia civium 
 Romanorum, or a Latina colonia ; a question that 
 had no reference to the persons who should form 
 
 I the colony, but to their political rights with respect 
 to Rome as members of the colony. The members 
 of a Roman colony {cohmia civium Romanorum) 
 
 ^ must, as the term itself implies, have always 
 had the same rights, which, as citizens, they 
 
 I would have at Rome. They were, as Niebuhr 
 remarks, in the old Roman colonies, " the populus; 
 the old inhabitants, the commonalty." These two 
 bodies may, in course of time, have frequently 
 formed one ; but there could be no political union 
 between them till the old inhabitants obtained the 
 commercium and connubiuin, in other words, the 
 ci^^tas ; and it is probable that among the various 
 causes which weakened the old colonies, and ren- 
 dered new supplies of colonists necessary, we 
 shoidd enumerate the want of Roman women ; for 
 the children of a Roman were not Roman citizens 
 unless his wife was a Roman, or unless she belong- 
 ed to a people with which there was connubium. 
 
 It is important to form a precise notion of the 
 relation of an ancient Roman colonia to Rome. 
 That the colonists, as already observed, had all the 
 rights of Roman citizens, is a fact capable of per- 
 fect demonstration : though most writers, following 
 oigonms, have supposed that Roman citizens, by 
 becoming members of a Roman colony, lost the 
 suttragium and honores, and did not obtain them 
 till after the passing of the Julian law. Such an 
 opinion is inconsistent with the notion of Roman 
 citizenship, which was a personal, not a local 
 
 right ; and it is also inconsistent with the very 
 principle of Roman pohty apparent in the establish- 
 ment of Roman colonies. Further, the loss of the 
 suftVagium and honores would have been a species 
 of capitis deminutio, and it is clear, from what 
 Cicero says of the consequences of a Roman volun- 
 tarily joining a Latin colony, that no such conse- 
 quences resulted from becoming a member of a Ro- 
 man colony. If a Roman ever became a member 
 of a Roman colony without his consent, it must 
 have been in the early ages of the state, when the 
 colonies still retained their garrison character, and 
 to join a colony was a kind of military service; but 
 such a duty to protect the state, instead of imply- 
 ing any loss of privilege, justifies quite a diiferent 
 conclusion. 
 
 It is somewhat more difficult to state what was 
 the condition of those conquered people among 
 whom the Romans sent their colonists. They 
 were not Roman citizens, nor yet were they socii ; 
 still they were in a sense a part of the Roman 
 state, and in a sense they were civcs, though cer- 
 tainly they had not the sutfragium, and perhaps 
 originally not the conniibium. It is probable 
 that they had the commercium, but even this is 
 not certain. They might be a part of the Roman 
 civitas without being cives, and the difficulty of 
 ascertaining their precise condition is increased by 
 the circumstance of the word civitas being used 
 loosely by the Roman writers. If they were cives 
 in a sense, this word imported no privilege ; for it 
 is certain that, by being incorporated in the Roman 
 state as a conquered people, the}' lost all power of 
 administering their own affiiirs, and obtained no 
 share in the administration of the Roman state ; 
 they had not the honourable rank of socii, and 
 they were subject to miUtary service and taxation. 
 They lost all jurisdictio, and it is probable that 
 they were brought entirely within the rules and 
 procedure of the Roman law, so far as that was 
 practicable. Even the commercium and connu- 
 bium with the people of their own stock, were some- 
 times taken from them (Liv. ix. 43 ; viii. 14), and 
 thus they were disunited from their own nation 
 and made a part of the Roman state. So far, 
 then, was the civitas (without the suifragium) from 
 being always a desirable condition, as some writers 
 have su])posed, that it was in fact the badge of 
 servitude ; and some states even prefen-ed their 
 fonner relation to Rome, to being incoqjorated with 
 it as complete citizens. It appears that, in some 
 cases at least, a praefcctus juri dicundo was sent 
 from Rome to administer jiistice among the con- 
 quered people, and between them and the coloni. 
 It appears also to be clearly proved by nimierous 
 instances, that the condition of the conquered peo- 
 ple among whom a colony was sent, was not 
 originall)' alwaj's the same ; something depended 
 on the resistance of the people, and the temper of 
 the Romans, at the time of the conquest or sur- 
 render. Thus the conquered Italian towns might 
 originally have the civitas in diiferent degrees, 
 until they all finally obtained the complete civitas 
 by receiving the suifragium ; some of them ob- 
 tained it before the social war, and others by the 
 Julian law. 
 
 The nature of a Latin colony will appear suffi- 
 ciently from what is said here, and in the ai-ticle 
 Civitas. 
 
 Besides these coloniae, there were coloniae Italici 
 juris, as some writers term them ; but which in fact 
 
258 
 
 COLONIA. 
 
 COLONIA. 
 
 were not colonics. Sigonius, and most suliRequont 
 writers, liavo consitlerod the jus Italicum, as a jicr- 
 sonalright, like the civitas and Lathiitas;biit Savigny 
 has shown it to be quite a different thing. The Jus 
 Italicum was granted to favoured provincial cities ; 
 it was a grant to tlio comnninity, not to the indivi- 
 duals composing it. This right consisted in quiri- 
 tarian ownership of the soil (comniereiuni), and its 
 appurtenant capacity of nianeipatio, usuca|iion, and 
 vindicatio, together with freedom from taxes ; and 
 also in a municipal constitution, after the fashion 
 of the Italian towns, with duumviri, quinqnen- 
 nales, aediles, and a jurisdictio. Many provin- 
 cial towns which jmssesscil the jus Italicum, have 
 on their coins the hgute of a standing Silenus, witli 
 
 IMP. M. IVL. PHILII'P. 
 
 Philip, A.D. 243—249. 
 
 AEL. MVNK.IP. CO. 
 
 Coela or Coelos (I'lin. 
 iv.ll,l2) in theThra- 
 cian Chersonesus. 
 
 the hand raised, which was the peculiar symbol of 
 municipal liberty. Pliny (iii. .3 and 21) has men- 
 tioned several towns that had the jus Italicum ; 
 and Lugdunum, Vieinia (in Daupliine), and colonia 
 Agrippinensis had this privilege. It follows 
 from the nature of this privilege, that towns which 
 had the Latinitas or the Civitas, which was a per- 
 sonal privilege, might not have the jus Italicum ; 
 but the towns which had the jus Italicum coidd 
 hardly be any other than those which had the 
 civitas or Latinitas, and we cannot conceive that 
 it was ever given to a town of Peregrini. 
 
 The colonial system of Rome, which originated 
 in the earliest ages, was peculiarly well adapted to 
 strengthen and extend her power — "I5y the colonies 
 the empire was consolidated, the decay of population 
 checked, the unity of the nation, and of the lan- 
 guage diffused " (Machiavelli, quoted by Niebuhr). 
 The countries which the Romans conquered within 
 the limits of Italy, were inhabited by nations that 
 cultivated the soil and had cities. To destroy such a 
 population was not possible nor politic ; but it was 
 a wise policy to take part of their lands, and to 
 plant bodies of Roman citizens, and also Latinae 
 coloiiiac, among the conquered people. The power 
 of Rome over her colonies was derived, as Niebuhr 
 has well remarked, " From the supremacy of the 
 parent state, to which the colonies of Rome, like 
 sons in a Roman family, even after they had grown 
 
 to maturity, continued unalterably 6ul)jcct." In 
 fact, the notion of the patria potestas will be found 
 to lie at the foundation of the institutions of Rome. 
 
 The difficulty which the republic had in main- 
 taining her colonics, especially in the north of 
 Italy, appears from numerous passages ; and the 
 dilficidty was not always to protect tiieui against 
 hostile aggression, Imt to preserve their allegiance 
 to the Roman state. The reasons of this dilHculty 
 will sufficiently appear from what has lieen said. 
 
 The principles of the system of colonisation were 
 fully established in the early ages of Rome ; but the 
 colonics had a more purely military character, that 
 is, were composed of soldiers, in the latter part of 
 the republic, and under the earlier emperors, at 
 which time also colonies began to be established 
 beyond the limits of Italy, as in the case of Nar- 
 bonne, already mentioned, and in the case of 
 Nemausus (Nimes), which was made a colony hy 
 Augustus, an event which is commemorated by 
 medals (Rasche, Leaictm Rei Numariae), and an 
 extant inscription at Nimes. In addition to the 
 evidence from written books of the luunerous colo- 
 nies established by the Romans in Itah', and sub- 
 sequently in all parts of the empire, we have the 
 testimony of medals and inscriptions, in which 
 COL., the abbreviation of colonia, indicates this 
 fact. The prodigious activity of Rome in settling 
 colonies in Italy is apparent from the list given 
 by Frontinus(/>c f'o/o/«'i.'(),most of which appear to 
 have been old towns, which were either walled 
 when the colony was founded, or strengthened by 
 new defences. 
 
 Colonies were sometimes established under the 
 empire with circumstances of great oppression, and 
 the lands were assigned to the veterans without 
 strict regard to existing rights. 
 
 Under the emperors, all legislative authority 
 being then virtually in them, the foundation 
 of a colony was an act of imperial grace, and 
 often merely a title of honour conferred on some 
 favoured spot. Thus M. Aurelius raised to 
 the rank of colonia the small town (vicus) of 
 Halale, at the foot of Taurus, where his mfe 
 Faustina died. (Jul. Capitol. M. Ant. Fhilos. 
 c. 2G.) The old military colonies were composed 
 of whole legions, with their tribunes and cen- 
 turions, who being united by mutual affection, com- 
 posed a political hoiy {resjmilic^) ; and it was a com- 
 plaint in the time of Nero, that soldiers, who were 
 strangers to one another, without any head, with- 
 out any bond of union, were suddenly brought to- 
 gether on one spot, " numerus magis quam colonia" 
 (Tacit. A/m. xiv. 27). And on the occasitin of the 
 mutiny of the legions in Pannonia, upon the ac- 
 cession of Tiberius, it was one ground of complaint, 
 that the soldiers, after serving thirty or forty 
 3'ears, were separated, and dispersed in remote 
 parts ; where they received, under the name of a 
 grant of lands {per nomen agrwum), swampy tracts 
 and barren mountains. (Tacit. Ann. i. 17.) 
 
 It remains briefly to state what was the internal 
 constitution of a colonia. 
 
 In the later times of the republic, the Roman 
 state consisted of two distinct organised parts, 
 Italy and the Provinces. " Italy consisted of a 
 groat number of republics (in the Roman sense of 
 the term), whose citizens, after the Italian war, be- 
 came members of the sovereign people. The com- 
 mimities of these citizens were subjects of the 
 Roman people, yet the internal administration of 
 
COLONIA. 
 
 COLONIA. 
 
 259 
 
 he communities bolonofcd to ttiemselvog. Tliis 
 e munici(ml constitution was tlio fundamental 
 haracteristic of Italy ; and the same remark will 
 ipply to both principal classes of such consfitu- 
 ions, municipia, and coloniae. That distinction 
 .vhich made a place into a praefectura, is men- 
 ioued afterwards ; and fora, conciliabula, castella, 
 ire merely smaller comunmities, with an incom- 
 ilete organisation." (Savigny.) As in Uome, so 
 u the colonies, the popular assembly had originally 
 ;he sovereign power ; they chose the magistrates, 
 md coidd even make laws. (Cic. Dr Ia'ij. iii. IG.) 
 When the popular assemblies became a more form 
 in Rome, and the elections were transferred by 
 Tiberias to the senate, the same thing happened 
 ill the colonics, whose senates then possessed what- 
 \-er power had once belonged to the community. 
 
 The connnon name of this senate was ordo de- 
 luionum ; in hater times, simply ordo and curia ; 
 the members of it were decuriones or curiales. 
 i Thus, in the later ages, curia is opposed to senatiis, 
 the fonner being the senate of a colony, and the 
 latter the senate of Rome. But the temis senatus 
 uid senator were also applied to the senate and 
 J members of the senate of a colony, both by histo- 
 rians, in inscriptions, and in public records ; as, for 
 i instance, in the Heracleotic Tablet, which contained 
 a Roman lex. After the decline of the popidar 
 assemblies, the senate had the whole intemal ad- 
 ministration of a city, conjointly with the magis- 
 I tratus ; but only a decurio could be a magistratus, 
 sind the choice was made by the decuriones. 
 Augustus seems to have laid the foundation for 
 I this practical change in the constitution of the 
 colonies in Italy. All the citizens had the right 
 of voting at Home, but such a privilege would be 
 useless to most of the citizens on account of their 
 ; distance from Rome. Augustus (Sueton. c. 4()) 
 devised a new method of voting : the decuriones 
 . sent the votes in writing, and under seal, to 
 Rome ; but the decuriones only voted. Though 
 this was a matter of no importance after Tiberius 
 had transferred the elections at Rome from the 
 popular assemblies to the senate, this measure of 
 Augustus would clearly prepare the way for the 
 I pre-eminence of the decuriones, and the decline of 
 the popular power. 
 
 The highest magistratus of a colonia were the 
 duumviri (Cic. Agr. Leg. ii. ,34) or quattuorviri, so 
 called, as the numbers might vary, whose func- 
 tions may be compared with those of the consulate 
 at Rome before the establishment of the praetor- 
 ship. The name duumviri seems to have been the 
 most common. Their principal duties were the 
 administration of justice, and accordingly we find 
 on inscriptions "Duumviri J. D." (juri dicumlo), 
 " Quattuorviri J. D." They were styled magistra- 
 tns pre-eminently, though the name magistratus 
 was properly and originally the most general name 
 for all persons who filled sunilar situations. The 
 name consul also occurs in inscriptiims to denote 
 this chief magistracy ; and even dictator and prae- 
 tor occur under the empire and under the republic. 
 The office of the duumviii lasted a year. Savigny 
 shows that under the republic the jurisdictio of the 
 duumviri in civil matters was unlimited, and that 
 it was only under the empire that it was restricted 
 iu the manner which appears from the extant Ro- 
 man law. 
 
 iln some Italian towns there was a praefectus 
 juri dicuiido ; he was in the place of, and not co- 
 
 existent with, duumviri. The dinimviri were, as 
 we have seen, originally chosen by the people ; 
 but the praefectus was appointed annually in 
 Rome (Livy xxvi. IG), and sent to the town called 
 a praefectura, which might be either a munici- 
 pium or a colonia, for it was only in the matter 
 of the pi'aefectus that a town called a praefectura 
 diifered from other lUilian towns. Arpinum is 
 called both a municipinm and a praefectura (Cic. 
 J^p. FiDii. xiii. 1 1 ; Festus, s. v. Pracfedura) ; and 
 Cicero, a native of this place, obtained tlie highest 
 honours that Rome could confer. 
 
 The censor, curator, or ipiincjuennalis, all which 
 nanu^s denote the same functionary, was also a 
 municipal magistrate, and corresponded to the cen- 
 sor at Rome, and in some cases, perhaps, to the 
 quaestor also. Censors are mentioned in Livy 
 (xxix. If)) as magistrates of the twelve Latin 
 colonies. The quinquennales were sometimes 
 duumviri, sometijnes quattuorviri ; but they are 
 always carefully distinguished from the duumviri 
 and quattuorviri ,1. D. ; and their functions are 
 clearly shown by Savigny to have been those of 
 censors. Thej' held their office for one year, and 
 during the four intennediate years the functions 
 were not exercised. The office of censor or ([uin- 
 quennalis was higher in rank than that of the 
 duumviri J. I)., and it coidd only be filled by those 
 who had discharged the other oiHces of the muni- 
 cipality. 
 
 For a more complete account of the organisation 
 of these municipalities, and of their fate under the 
 empire, the reader is referred to an admirable 
 chapter in Savigny {(Icscliu-hte. dcs Rom. Rcchts. 
 Js.c. i. 16. &c.), from which the above brief notice 
 is taken. 
 
 The terms municipium and municipes require 
 explanation in connection with the present subject, 
 and the explanation of tliem will render the nature 
 of a praefectura still clearer. One kind of munici- 
 pium was a body of persons who h-c7-c not (Festus, 
 ».?'. A/u/iicipium) Roman citizens, but possessed all 
 the rights of Roman citizens except the suftragium 
 and the honores. But the communities enumerated 
 as examples of this kind of nuinicipium are the Fun- 
 dani, Fomiiani, Cumani, Acerrani, Lanuvini, and 
 Tusculani, which were conquered states (Liv. viii. 
 14), and received the civitas without the sufFra- 
 gium ; and all these places received the com- 
 plete civitas before the social war, or, as l<"estus 
 expresses it, " Post aliquot annos cives Romani 
 etfecti sunt." It is singular that another ancient 
 definition of this class of municipia s;iys, that the 
 persons who had the rights of Roman citizens, 
 except the honores, iivre cives ; and among such 
 communities are enumerated the Ciunani, Acer- 
 rani, and Atellani. This discrepancy merely 
 shows that the later Roman writers used the word 
 civis in a very loose sense, which we cannot be 
 surprised at, as they wrote at a time when these 
 distinctions had ceased. Another kind of muni- 
 cipium was, when a civitas was completely incor- 
 porated with the Roman state; as in the case of the 
 Anagnini (Liv. ix. 23),Caeritcs, and Aricini, who 
 completely lost all internal administration of their 
 cities ; while the Tusculani and Lanuvini re- 
 tained their internal constitution, and their magis- 
 trate called a dictator. A third class of municipia 
 was those whose inhabitants possessed the full 
 privileges of Roman citizens, and also the intemal 
 administration of their own cities, as the Tiburtcs, 
 
 s2 
 
260 
 
 COLONIA. 
 
 COLONIA. 
 
 Praenestini, Pisani, Urbinates, Nolani, Bononi- 
 enses, Placentini, Nepesini, Sutrini, and Lucrenses 
 (Lucenses?). The first five of these were civitates 
 socioram ; and the second five, coloniae Latinae : 
 they all became municipia, but only by the effect of 
 the Jidia Lex, b. c. 90. 
 
 It has also been already said that a praefectura 
 was so called from the circumstance of a praefectus 
 J. D. being sent there from Rome. Those towns 
 in Italy were called praefecturae, saj'S Festus, " In 
 qnibus ct jus dicebatur et nundinae agebantur, et 
 erat quaedam earnm respublica, neque tamen 
 magistratus suos habebant ; in quas legibus prae- 
 fecti mittebantur quotannis, qui jus dicerent." 
 Thus a praefectura had a respublica, but no magis- 
 tratus. He then makes two divisions of praefec- 
 turae. To the first division were sent four praefecti 
 chosen at Rome {popiili siijf'iufiio) ; and he enume- 
 rates ten places in Campania to which these 
 quattuorviri were sent, and among them Cumae and 
 Acerra, which were municipia; and Volturnum, 
 Litenium, and Puteoli, which were Roman colonies 
 established after the second Punic war. The 
 second division of praefecturae comprised those 
 places to which the praetor urbanus sent a prae- 
 fectus every year, namely. Fundi, Fonniae, Caere, 
 Venafrum, Allifae, Privernum, Anagnia, Frusino, 
 Reate, Satumia, Niirsia, Arpinum, aliaque com- 
 plura. Only one of them, Satumia, was a colony 
 of Roman citizens (Liv. xxxix. 55); the rest are 
 municipia. It is the conclusion of Zunipt that all 
 the municipia of the older period, that is, up to the 
 time when the complete civitas was given to the 
 Latini and the socii, were praefecturae, and that 
 some of the colonies of Roman citizens were also 
 praefecturae. Now as the praefectus was appoint- 
 ed for the purpose of administering justice {jnri 
 dictmdo), and was annually sent from Rome, it 
 appears that this was one among the many admir- 
 able parts of the Roman polity for maintaining 
 hannony in the whole political system by a uni- 
 formity of law and procedure. The name prae- 
 fectura continued after the year B. c. 90 ; but it 
 seems that, in some places at least, this functionary 
 ceased to be sent from Rome, and various prae- 
 fecturae acquired the privilege of having magistratus 
 of their own choosing, as in the case of Puteoli, 
 B. c. 63. (Cic. De Ley. Ayr. 2. c. 31.) The first 
 class or kind of praefecti, the quattuorviri who 
 were sent into Campania, was abolished by Augus- 
 tus, in confoniiity with the general tenor of his 
 policy, B.C. 13. After the passing of the Julia 
 Lex de Civitate, the cities of the socii which re- 
 ceived the Roman civitas, still retained their in- 
 ternal constitution ; Itut, with respect to Rome, 
 were all included under the name of municipia : 
 thus Tibur and Praeneste, which were Latinae 
 civitates, then became Roman municipia. On the 
 other hand, Bononia and Luca which were origin- 
 ally Latinae coloniae, also became Roman municipia 
 in consequence of receiving the Roman civitas, 
 though they retained their old colonial con- 
 stitution and the name of colonia. Thus 
 Cicero (in Pis. c. 23) could with propriety call 
 Placentia a municipium, though in its origin it 
 was a Latin colonia ; and in the oration Pro Sc.it. 
 (c. 14) he enumerates municipia, coloniae, and 
 praefecturae, as the three kinds of towns or com- 
 munities under which were comprehended all the 
 towns of Italy. The testimony of the Hemcleotic 
 tablet is to the like effect ; for it speaks of muni- 
 
 cipia, coloniae, and praefectmrae as the three kinds 
 of places which had a magistratus of some kind, to 
 which enumeration it adds fora and conciliabulii, as 
 comprehending all the kinds of places in which 
 bodies of Roman citizens dwelt. 
 
 It thus appears that the name municipium, 
 which originally had the meanings already given, 
 acquired a narrower import after B. c. 90, and in 
 this narrower import signified the ciwtates sociorum 
 and coloniae Latinae, which then became complete 
 members of the Roman state. Thus there was 
 then really no difference between these nmnicipia 
 and the coloniae, except in their historical origin, 
 and in their original internal constitution. The Ro- 
 man law prevailed in both. 
 
 The following recapitulation maybeusefid: — 
 The old Roman colonies (civium Romanorum) were 
 placed in conquered to\vns ; and the colonists con- 
 tinued to be Roman citizens. These colonies were 
 near Rome, and few in number. Probably some 
 of the old Latinae coloniae were established by 
 the Romans in conjunction with other Latin 
 states (Aniium). After the conquest of Latiura, 
 Latinae coloniae were established by the Romans 
 in various parts of Italy. These colonies should 
 be distinguished from the colonies civium Ro- 
 manorum, inasmuch as they are sometimes called 
 coloniae populi Romani, though they were not 
 coloniae ci\-ium Romanormn. (Liv. xxvii. 9 ; xxix. 
 15.) Roman citizens who chose to join such 
 colonies, gave up their civic rights for the more 
 solid advantage of a grant of land. 
 
 When Latin colonies began to be established, 
 few Roman colonies were founded until after the 
 close of the second Punic war (b. c. 201), and 
 these few were chiefly maritime colonies (Ana-ur, 
 &c.). These Latin colonies were subject to and 
 part of the Roman state ; but they had not the 
 civitas : they had no political bond among them- 
 selves ; but they had the administration of their 
 internal affairs. As to the origin of the com- 
 mercimn, Savigny's conjecture has been already 
 stated. [Civitas.] The colonies of the Gracchi 
 were Roman colonies ; but their object, like that of 
 subsequent Agrarian laws, was merely to provide 
 for the poorer citizens: the old Roman and the 
 Latin colonies had for their object the extension 
 and conservation of the Roman empire in Italy. 
 After the passing of the Lex JuUa, which gave the 
 civitas to the socii and the Latin colonies, the ob- 
 ject of establishing Roman and Latin colonies 
 ceased ; and military colonies were thenceforward 
 settled in Italy, and, under the emperors, in the 
 provinces. These military colonies had the civitas, 
 such as it then was ; but their internal organisation 
 might be various. 
 
 It would require more space than is consistent 
 with the limits of this work, to attempt to present 
 anything like a complete view of this interesting 
 subject. The following references, in addition to 
 those already given, will direct the reader to 
 abimdant sources of information: — (Sigonius, Z>e 
 ■Jure Antiquo, &c. ; Niebuhr, Roman Histori/; 
 Savignj', Ucbcr das Jus Ilalicum, ZcHschr. vol. v.; 
 Tabuliu! Ileraclcmses. Mazoc/ii, Neap. 1754 ; Sa- 
 vigny, Der Romifclie. VolksscMuss der Tafel von 
 Heracka ; and Rudorff, Ueber die Lax Mamilia 
 de Colo?iiis, Zeitschr. vol. ix. ; Rudorff, Das Acker- 
 gc-sctz von Sp. Thorius, and Puchta, Ueber den 
 Inhalt der Lex Rubria de Gallia Cisalpina, 
 Zeitschr. vol. x.) 
 
COLONIA. 
 
 COLORES. 
 
 2G1 
 
 Since this article was written, atid after part of 
 it was printed, the antlior has had the opportunity 
 I Df reading two excellent essays : — Dc Jura ct Cuii- 
 ■ iiciomCuloHkirumPupiiliRoiiuiniQuai'dio kisturicii, 
 Madvigii Opiiscuht, Huuiiiac, 1834; and Ueber 
 im Unterschied den Bcnannuuijcn Mimifipium, Co- 
 sloniu, Praefcvtara, Zumpt, Berlin, 1840. With 
 the help of these essays he has been enabled to 
 j make some important additions. But the subject 
 .is incapable of a full exposition within narrow 
 limits, as the historical order is to a certain extent 
 necessiuy in order to present a connected view of 
 the Roman colonial system. The essay of Madvig 
 has established beyond all dispute several most 
 important elements in this inipiiry ; and by cor- 
 ; reeling the errors of several distinguished writers, 
 i he has laid the foundation of a much more exact 
 knowledge of this part of the Roman polity. [G.L.] 
 Greek Colonies. The usual Greek words for 
 a colony are dvoiKia and Kk-qpovxia. The latter 
 , word, which signified a division of conquered 
 i lands among Athenian citizens, and which cor- 
 , responds in some respects to the Roman cnlouki 
 \ and our notions of a niodeni colony, is explained 
 in tlie article KAHPOTXOI. 
 
 The earlier Greek colonies, called diroiKiai, were 
 usually composed of mere bands of adventurers, 
 who left their native country, with their families 
 and property, to seek a new home for themselves. 
 Some of the colonies, which arose in consequence 
 of foreign invasion or civil wars, were under- 
 tiikcn without any formal consent from the rest of 
 the conununity ; but usually a colony was sent out 
 with the api)robation of the nuither countrj', and 
 under the numagement of a leader (oi/CKTT-rjs) ap- 
 . pointed by it. But whatever may have been the 
 origin of the colony, it was always considered in 
 a political point of view independent of the mother 
 country (called by the Greeks fj.r)Tp6woAis), and 
 , entirely emancipated from its control. At the 
 , same time, though a colony was in no political sub- 
 l jection to its parent state, it was united to it by the 
 ; ties of fiUal atfection ; and, according to the generally 
 I received opinions of the Greeks, its duties to the 
 ; parent state corresponded to those of a daughter to 
 ; her mother. (Dionys. Ant. Horn. iii. 7 ; Polyb. 
 , xii. 10. § 3.) Hence, in all matters of common 
 interest, the colony gave precedence to the mother 
 state; and the founder of the colony (oiKitrrijs), 
 who might be considered as the representative of 
 the parent state, was usually worshipped, after his 
 death, as a hero. (Herod, vi. 38 ; Thue. v. 1 1 ; 
 Died. xi. (iG ; XX. 102.) Also, when the colony 
 became in its turn a parent, it usually sought a 
 leader for the colony which it intended to found from 
 the original mother country (Thuc. i. 24) ; and the 
 • same feeling of respect was manifested by embassies 
 which were sent to h(UU)ur the principal festivals of 
 [■ the parent state (Uiod. xii. 30; WesseUng, ad luc), 
 and also by bestowing places of honour and other 
 marks of respect upon the ambassadors and other 
 members of the parent state, when they visited the 
 colony at festivals and similar occasions. (Thuc. i. 
 25.) The colonists also worshipped in their new 
 settlement the same deities as they had been ac- 
 customed to honour in their native country ; the 
 sacred fire, which was constantly kept burning on 
 their public hearth, was taken from the Prytaneum 
 , of the parent city ; and, according to one account, 
 ; the priests who ministered to the gods in the 
 colony, were brought from the parent state. (Schol. 
 
 cul Thuc. i. 25 ; compare Tacit. A7in. ii. 54.) In 
 the same spirit, it was considered a viohition of 
 sacred ties for a mother country and a colony to 
 make war upon one another. (Herod, viii. 22 ; 
 Thuc. i. 38.) 
 
 The preceding account of the relations between 
 the Greek colonies and the mother country is 
 supported by the history which Thucydides gives 
 us of the quarrel between Corcyra and Corinth. 
 Corcyra was a colony of Corinth, and Epidannius 
 a colony of Corc3'ra ; l)ut the leader (oiKiiTTrjs) of 
 the colony of Epidamnus was a Corinthian who 
 was invited from the metropolis Corinth. In 
 course of time, in consequence of civil dissensions 
 and attacks from the neighbouring barbarians, the 
 Epidamnians apply for aid to Corcyra, but their 
 recpiest is rejected. They next apply to the 
 Corinthians, who took Epidamnus under their pro- 
 tection, thinking, says Thucydides, that the colony 
 was no less theirs than the Corinthians': and also 
 induced to do so througli hatred of the Corcyraeans, 
 because they neglected them though they were 
 colonists ; for they did not give to tlie Curinthians 
 the customary honours and deference in the public 
 solemnities and saeritices as the other colonies were 
 wont to pay to the mother country. The CorcvTaeans 
 who had become very powerf'id by sea, took offence 
 at the Coruithians receiving Epidamnus under their 
 protection, and the result was a war between 
 Corcyra and Corinth. The Corcyraeans sent am- 
 bassaddrs to Athens to ask assistance; and in reply 
 to the objection that they were a colony of Corinth, 
 they said " that every colony, as long as it is 
 treated kindly, respects the mother country: but 
 when it is injured, is alienated from it ; for colonists 
 are not sent out as subjects, but that they nuiy 
 have equal rights with those that remain at home." 
 (Thuc. i. 34.) 
 
 It is tnie that ambitious states, such as Athens, 
 sometimes claimed dominion over other states on 
 the ground of relationship ; but, as a general rule, 
 colonics may be regarded as independent states, 
 attached to their metropolis by ties of sympathy 
 and common descent, but Jio further. The case of 
 Potidaea, to which the Corinthians sent annually 
 the chief magistrates (57j/xioup7oi'), appears to have 
 been an exception to the general rule. (Thuc. i. 
 5C.) 
 
 COLO'RES. The Greeks and Romans had 
 a very extensive acquaintance with colours as 
 pigments. Book vii. of Vitruvius, and several 
 chapters of books xxxiii. xxxiv. and xxxv. of 
 Pliny's Natural History, contain much interesting 
 matter upon their nature and composition ; and 
 these works, together with what is contained in 
 book v. of Dioscorides, and some rcnuirks in Theo- 
 phrastus {De Lapidibus), constitute the whole of 
 our infonnation of any importance upon the 
 sidjject of ancient pigments. From these sources, 
 through the experiments and observations of Sir 
 Humphry Davy {^Phil. Trans, of tlie Royal Society, 
 1815) on some remains of ancient colours and 
 pjiintings in the baths of Titus and of Livia, and 
 in other ruins of antiquity, we are enabled to col- 
 lect a tolerably satisfactory account of the colour- 
 ing materials employed by the Greek and Roman 
 painters. 
 
 The painting of the Greeks is very generally 
 considered to have been inferior to their sculpture ; 
 this partially arises from very imperfect infonn- 
 atiou, and u very erroneous notion respecting the 
 
262 
 
 COLORES. 
 
 COLORES. 
 
 resources of the Greek painters in colouring. The 
 ciTor originated apparently with Pliny himself, 
 who saj's (xxxv. 32), " Quatuor coloribus solis 
 inimortalia ilia opera fccere, ex albis Melino, ex 
 silaceis Attico, ex rubris Sinopide Pontica,ex nigris 
 atramento, Apelles, Echion, Melanthius, Nico- 
 niachus, darissimi pictores and (xxxv. 30), 
 " Legentes meminerint omnia ea quatuor coloribus 
 facta." This mistake, as Sir H. Davy has sup- 
 posed, may have arisen from an imperfect recollec- 
 tion of a passage in Cicero (^Urulim, c. 18), which, 
 liowever, directly contradicts the statement of 
 Pliny:- — ^" In pictura Zeuxim et Polygnotum, et 
 Timanthem, et eonim, qui non sunt usi plusquam 
 quattuor coloribus, formas et lineameuta laudamus : 
 at in Echione, Nicomaeho, Protogenc, Apellc jam 
 perfecta sunt omnia." Here Cicero extols the 
 design and drawing of Polyg-notus, Zeuxis, and 
 Timanthes, and those who used but four colours ; 
 and observes in contradistinction, that in Echion, 
 Nicomachus, Protogenes, and Apelles, all things 
 were perfect. But the remark of Pliny, that 
 Apelles, Echion, Melantliius, and Nicomachus 
 used but four colours, including both black 
 and white to the exclusion of all blue (unless 
 we understand by " ex nigris atramento" black 
 and indigo), is evidently an error, independ- 
 ent of its contradiction to Cicero ; and the 
 conclusion drawn by some from it and the 
 remark of Cicero, that the early (Ireek painters 
 were acquainted with but four pigments, is e((\udly 
 witliout foundation. Pliny himself speaks of two 
 otlier colours, besides the four in question, which 
 were used by the earliest painters ; the tesfa-trita 
 (xxxv. 5) and cinnaharis or vermilion, wliich he 
 calls also minium (xxxiii. 36). He mentions also 
 (xxxv. 21 ) the Eretrian earth used by Nicomachus, 
 and the elcphantinum, or ivory-black, used by 
 Apelles (xxxv. 25), thus contradicting himself 
 when he asserted that Apelles and Nicomachus 
 used but four colours. The above tradition, and 
 the sii)i])lcJ! color of Quintilian (Oral. Iiistit. xii. 
 10), are om- only authorities for defining any 
 limits to the use of colours by the early Greeks, as 
 applied to painting ; but we have no authority 
 whatever for supposing that they were limited in 
 an3' remarkable waj' in their acrjuai/thmce with 
 them. That the p:dnters of the earliest period 
 had not such abundant resources in this department 
 of art as those of the later, is quite consistent with 
 experience, and does not require demonstration ; 
 but to suppose that they were confined to fo\ir 
 pigments is quite a gratuitous supposition, and is 
 opposed to both reason and evidence. [Pictuka.] 
 Sir H. Davy also analj'sed the colours of tlie so- 
 called " Aldobrandini marriage," all the reds and 
 yellows of which he discovered to lje ochres ; the 
 blues and greens, to be oxides of copper ; the 
 blacks all carbonaceous ; the browns, nuxtures of 
 ochres and black, and some containing oxide of 
 manganese ; the whites were all carbonates of 
 lune. 
 
 The reds discovered in an earthen vase contain- 
 ing a variety of colours, were, red oxide of lead 
 {iiiiiiiuni), and two iron oclires of different tints, a 
 dull red, and a purplish red nearly of the same 
 tint as prussiate of copper ; they were all mi.xed 
 with chalk or carbonate of lime. The yellows 
 were pure ochres with ciu'bonate of lime, and ochre 
 mixed with minium and carbonate of lime. The 
 blues were oxides of copper with carbonate of 
 
 lime. Sir H. Davy discovered a frit made by 
 means of soda and coloured with oxide of copper, 
 approaching idtramarine in tint, which he sup- 
 posed to be the frit of Alexandria; its composition, 
 he says, was perfect — " that of embodying the 
 coloiu' in a composition resembling stone, so as to 
 prevent the escape of elastic matter from it, or the 
 decomposing action of the elements ; this is a 
 species of artificial lapis lazuli, the colouring 
 matter of which is naturally inlierent in a hard 
 siliceous stone." 
 
 Of greens there were many shades, all, however, 
 either carljonate or oxide of copper, mixed with 
 carbonate of lime. The browns consisted of ochres 
 calcined, and oxides of iron and of manganese, and 
 compouiuls of ochres aiul blacks. Sir H. Davy 
 could not ascertain whether the lake which he dis- 
 covered was of animal or of vegetable origin ; if of 
 animal, he supposed that it was very probably the 
 Tyrian or marine pur[)le. He discovered also a 
 colour which he supposed to be black wad, or 
 hydrated binoxide of manganese ; also a black 
 colour com])osed of chalk, mixed with the ink of 
 the sepia officinalis or cuttle-fish. The transparent 
 blue glass of the ancients he found to be stained 
 with oxide of cobalt, and the purple with oxide of 
 manganese. 
 
 The following list, compiled from the different 
 sources of our infonnation concerning the pigments 
 known to the ancients, will serve to convey an 
 idea of the great resources of the Greek and Ro- 
 man painters in this department of their art ; and 
 which, in the opinion of Sir H. Davy, were fully 
 equal to the resources of the great Italian painters 
 in the sixteenth century: — ■ 
 
 Red. The ancient reds were very numerous. 
 K^vvdSapi, fitXros, ciniiiil/ana, cinnabar, vennilion, 
 bisulphuret of mercury, called also by Pliny 
 and Vitruvius miiii/iin. 
 
 The KivvaSapi 'IcSikoi', cimndiaris IriiHca, men- 
 tioned by Pliny and Dioscorides, was what is 
 vulgarly called dragon's-blood, the resin obtained 
 from various species of the calanuis p;dm. 
 
 Mi'Atos seems to have had varidus significations; 
 it was used for chmaharis, Diiiiiiuii^ red lead, 
 and ruhrka, red ochre. There were various 
 kinds of rtibricac, the Cappadocian, the Egyptian, 
 the Spanish, and the Lemnian ; all were, however, 
 red iron oxides, of which the best were the 
 Lemnian, from the isle of Lennios, and tin- Cajv 
 padociau, called by the Romans nd)rica Siniqiica, 
 by the Ci reeks Sh'oitti's, from Sinojie in Paphlagonia, 
 whence it was first brought. There was also an 
 Afi'ican rubrica called ckereulmn. 
 
 Minium, red oxida of lead, red lead, was called 
 by the Romans cx-ruam mta, and, according to 
 Vitruvius, miiflamc/ui ; by the Greeks, juiAtos, 
 and, according to Dioscorides (v. 122), (ravSapaKti. 
 Pliny tells us that it was discovered through the 
 accidental calcination of some ccnasa (white lead) 
 by a fire in the Piraeus, and was first used as a 
 pigment by Nicias of Athens, about 330 B.C. 
 
 The Roman sandaracha seems to have had 
 various significations, and it is evidently used 
 differently by the Greek and Roman writers. 
 Pliny speaks of different shades of sandaracha, 
 the pale or massicot (yellow oxide of lead), and a 
 mixture of the pale with minium ; it apparently 
 also signified realgar or the red sulphiu-et of arsenic : 
 there was also a compound colour of equal parts of 
 sandaracha and rubrica calcined, called sandyx. 
 
COLORES. 
 
 COLOSSUS. 
 
 263 
 
 ffdvSu^. Sir H. Davy supposed this colour to ap- 
 proach our trimson in tint ; in painting it was fre- 
 quently glazed with purple to give it additional 
 lustre. 
 
 Pliny speaks of a dark ochre from the isle of 
 S}Tos, which he calls Syricum ; but he says also 
 I that it was made by mixing sandyx with rubrica 
 Sinopica. 
 
 Yellow. YeUow ochre, hydrated peroxide of 
 iron, the sil of the Romans, the aixp" of the Greeks, 
 foiTued the base of many other yellows mixed mth 
 various colom-s and carbonate of lime. Ochre was 
 1 procured from different parts ; the Attic was con- 
 sidered the bcbt ; it was first used in painting, ac- 
 cording to Pliny, by Polygnotus and Micon, at 
 Athens, about 4(j0 b. c. 
 
 ^KpdfVMov, auripirjme?itum, orpiment (yellow 
 bulphuret of arsenic), was also an important yel- 
 low ; but it has not been discovered in any of the 
 ancient paintings. ['APSENIKO'N.J The sanda- 
 racha has been already mentioned. 
 
 Green. Chn/socolla, XP"'^^^"^'-'-! which ap- 
 pears to have been green carbonate of copper or 
 malachite (green verditer), was the green most ap- 
 proved of by the ancients,; its tint depended upon 
 tlie quantity of carbonate of lime mixed with it. 
 
 I'Uny mentions various kinds of verdigris 
 (diacetate of copper), aeriu/o, los, I6s x^^foC, 
 cj/pria acrujo, and acruat, and a particular prepar- 
 ation of verdigris called scolccia. Sir H. Davy 
 supposes the ancients to have used also acetate of 
 cupper (tlistilled verdigris) as a pigment. Besides 
 the above were several green earths, aU cupreous 
 oxides: Thcudction (@io5iTiov), so called from 
 bring found upon the estate of Theodotius, near 
 ijniyma ; Ap/ii/cnum ; and the crcta viridis, com- 
 mon green earth of Verona. 
 
 Blue. The ancient blues were also very 
 numerous ; the principal of these was cmruleum, 
 Kvavos, azure, a species of verditer or blue carbo- 
 nate of copper, of which there were many varieties. 
 It was generally mixed with carbonate of lime. < 
 Vitruvius and Pliny speak of the Alexandrian, 
 the Cyprian, and the Scythian ; the Alexandrian < 
 was the most valued, as approaching nearest to 
 ultramarine. It was made also at Pozzuoli by a : 
 certain Vestorius, who had learnt the method of its i 
 preparation in Egj-pt ; this was distinguished by 
 the name of coctun. There was also a washed i 
 caendeum called lujiicntuiii,ani an inferior descrip- ] 
 tion of this called irittim. i 
 
 It appears that ultramarine (lapis lazidi) was i 
 known to the ancients under the name of Anuo- ] 
 nium, 'Apfieviov, from Armenia, whence it was pro- ( 
 cured. Sulphuret of sodium is the coloming prin- 1 
 ciple of lapis lazuli, according to M. Gmelm of ; 
 Tubingen. ] 
 
 Indigo, Indicunif'lvSiKdv, was well known to the 
 ancients. f 
 
 Cobalt. The ancient name for this mineral is ( 
 not known ; but it has been supposed to be the t 
 XoA/co's of Theophrastus, which he mentions was f 
 used for staining glass. No cobalt, however, has c 
 been discovered in any of the remains of ancient a 
 painting. t 
 
 Purple. The ancients had also several kinds t 
 of purple, jmrpurissum, uatrum, hysyinum, and 1 
 various compound colom-s. The most valuable of I 
 these was the purpurissum, prepared by nuxing t 
 the crda aiycndtria with the pui-ple secretion of 
 the murex (irop<fi5pa). \ 
 
 Hysgimtm, vffyiuov (vcryri, woad ?), according to 
 Vitruvius, is a colour between scarlet and purple. 
 
 Tlie Roman osiram was a compound of red 
 ochre and blue oxide of copper. 
 
 Vitruvius mentions a purple which was obtained 
 by coohng the ocJini tuia with wine \inegar. 
 Itubtae rudiv, madder-root. 
 Brown. Ocfira iistu, burnt ochre. The browns 
 were ochres calcined, oxides of iron and of manga- 
 nese, and compounds of ochres and blacks. 
 
 Black, atramentum, ixeKav. The ancient 
 blacks were mostly carbonaceous. The best for 
 the purposes of painting were ikphantinum, iKe- 
 (pdvrivov, ivory-black ; and irtiyinum, rpvyivov, 
 vine-black, made of burnt vine twigs. The fonner 
 was used by Apelles, the latter by Polygnotus and 
 Micon. 
 
 The atramentum hidicum, mentioned by Pliny 
 and Vitmvius, was probably the Chinese Indian 
 ink. The blacks from sepia, and the black woad, 
 have been already mentioned. 
 
 White. The ordinary Greek white was melinum, 
 HrjXids, an earth from the isle of Melos ; for fresco 
 painting, the best was the African paraetonium, 
 irapouriviov, so called from the place of its origin 
 on the coast of Africa, not far from Egj'pt. There 
 was also a white earth of Eretria, and the annu- 
 larian white, crda anularia or amdare, made from 
 the glass composition worn in the rings of the 
 poor. 
 
 Carbonate of lead or white lead, ccrussa, i^ijitu- 
 0101', was apparently not much used by the ancient 
 painters ; it was nowhere found amongst the Ro- 
 man niins. 
 
 Sir H. Davy is of opinion that the azure, the 
 red and yellow ochres, and the blacks, have not 
 undergone any change of colour whatever in. the 
 ancient fresco paintings ; but that many of the 
 greens, which are now carbonate of copper, were 
 originally laid on in a state of acetate. 
 
 Pliny di\ides the colours into colores floridi and 
 volorcs austcri (^xxxv. 12); the colores tloridi were 
 those which, in his time, were supplied by the 
 employer to the painter, on account of their ex- 
 pense, and to secure their being genuine ; the}' were 
 minium, Armeniura, cimiabaris, chrysocoUa, Indi- 
 cum, and purjjmissum ; the rest were the austeri. 
 
 Both Pliny (xxxv. P2) and Vitruvius (vii. 7) 
 class the colours into natoi'al and artificial ; the 
 natural are those obtained immediately from the 
 earth, which, according to Pliny, are Sinopis, 
 rubrica, paraetonium, melinum, Eretria, and ami- 
 pigmentum ; to these Vitruvius adds ochra, san- 
 daracha, minium {vermilion), and clnysocoUa, 
 being of metallic origin. The others are called 
 artilicial, on account of requiring some particular 
 preparation to render them fit for use. 
 
 To the above list of colours, more names might 
 still be added ; but being for the most part merely 
 compounds or modifications of those alreadj' men- 
 tioned, they would only take up space, without 
 gi\-ing us any additional insight into the resources 
 of the ancient painters ; those which we have 
 already enumei'ated are sufficient to form an in- 
 finite variety of colour, and conclusively prove 
 that the ancient painters, if they had not more, 
 had at least equal resources in this most essential 
 branch of painting with the artists of our own 
 times. [R. N. W.] 
 
 COLO'SSUS {koKo(T<t6s). The origin of this 
 word is not knoNvn, the suggestions of the gram- 
 
264 
 
 COLOSSUS. 
 
 COLUMBARIUM. 
 
 marians being either ridiculous, or imperfect in 
 point of etymology. {Etyiii, Mag. p. 5"2f). 10 ; 
 Festus, s. V.) It is, however, very ancient, pro- 
 bably of Ionic extraction, and rarely occurs in the 
 Attic writers. (Rlomf. Gloss, ail Aesdi. A</am. 
 40G.) It is used both by the Greeks and Romans 
 to signify a statue larger than life (Hesych. s. ■;>. ; 
 Aesch. Ayam. 406 ; Schol. ad Juv. Sat. viii. 230), 
 and thence a person of extraordinary stature is 
 termed colossems (Suet. Calitj. 35) ; and tlie archi- 
 tectural ornaments in the upper members of lofty 
 buildings, which retiuire to be of large dimensions 
 in consequence of their remoteness, are termed 
 colossiootera {KoKocrciKwrepa, Vitruv. iii. 3. p. 98. 
 ed. Bipont ; compare Id. x. 4). Statues of this 
 kind, simply colossal, but not preposterously large, 
 were too common amongst the Greeks to excite 
 observation merely from their size, and are, there- 
 fore, rarely referred to as such, the word being 
 more frequently applied to designate those figures 
 of gigantic dimensions (^moles statuarum, turrilms 
 pares, Plin. H.N. xxxiv. 18) which were first 
 executed in Eg}q)t, and of which some specimens 
 may be seen in the British Museum. 
 
 Amongst the colossal statues of Greece, the most 
 celebrated was the bronze colossus at Rhodes, dedi- 
 cated to the sun, which was commenced Ijy Chares 
 of Lindus, a pupil of Lysippus, and tenninated at 
 the expiration of twelve years by Laches, of the 
 same place, at a cost of 300 talents. Its height 
 was 90 feet according to Hyginus (Falj. "233), 70 
 cubits according to Pliny, or 105 according to 
 Festus. It was thrown down by an earth(|uake 
 fifty-six years after its erection. (Plin. H.N. 
 xxxiv. 18 ; Polyb. v. 88; Festus, s.v.) It is to 
 this statui! that Statins refers {Siilv. I. i. 1 03). 
 
 Another Greek colossus, the work of Calamis, 
 which cost 500 talents, and was twenty cubits 
 high, dedicated to Apollo, in the city of ApoUonia, 
 was transferred from thence to the capitol by M. 
 Lucullus. (Strab. vii. 0. g 1 ; Plin. /. c. ; P. Victor, 
 Regio, viii.) Some fragments in marble, supposed 
 to have belonged to tliis statue, are still preserved 
 in the court-yard of the Museo Capitohno. 
 
 There were two colossal statues in bronze, of 
 Greek workmanship, at Tarentum ; one of Jupiter — 
 the other and lesser one of Hercules, by Lysippus, 
 which was transplanted to the capitol by Fabius 
 Maximus. (Strab. vi. 3. § 1 ; Plin. I. c. ; Plutarch, 
 Fah. xxii. p. 722. ed. Reisk.) 
 
 Amongst the works of this description made ex- 
 pressly by or for the Romans, those most fre- 
 quently alluded to are the following: — 1. A statue 
 of Jupiter upon the capitol, made by order of Sp. 
 Carvilius, from the annour of the Sanmites, which 
 ■was so large that it could be seen from the Alban 
 mount. (Plin. /.(•.) 2. A bronze statue of Apollo 
 at the Palatine library (Plin. I.e.), to which the 
 bronze head now preserved in the capitol probably 
 belonged. 3. A bronze statue of Augustus, in the 
 forum, which bore his name. (Mart. Ep. viii. 44. 
 7.) 4. The colossus of Nero, which was executed 
 by Zenodoms in marble, and therefore quoted by 
 Pliny in proof that the art of casting metal was 
 then lost. Its height was 1 10 or 120 feet. (Plin. 
 I. c. ; Suet. Nero, 31.) It was originally placed in 
 the vestibide of the domus aurea (Mart. Speet. ii. 
 1, i. 71. 7 ; Dion Cass. Ixvi. 15) at the bottom 
 of the Via Sacra, where the liasement upon which 
 it stood is still to be seen, and from it the contigu- 
 ous ampliitheatre is supposed to have gained the 
 
 name of " Colosseum." Twenty-four elephants 
 were employed by Hadrian to remove it, when he 
 was about to build the temple of Rome. (Spart. 
 Hulr. 19.) Having suffered in the fire wliich de- 
 stroyed the golden house, it was repaired by Ves- 
 pasian, and by him converted into a statue of the 
 sun. (Ilieronym. in Hub. c. 3; Suet. Vcsp. 18; 
 Plin. /. c. ; compare Lamprid. Commod. 17 ; Dion. 
 Cass. Ixxii. 15.) 5. An equestrian statue of 
 Domitian, of bronze gilt, wliich was placed in tliu 
 centre of the forimi. (Stat. Sylv. i. i. 1 ; Mart. 
 Ep.n^.G.) [A. R.] 
 
 COLUM (jidfios), a strainer or colander. 
 Various s|)ecimens of this utensil have been found 
 at Pompeii. Tiie amiexed woodcut shows the 
 plan and profile of one which is of silver (Mas. 
 Borb. r. viii. 14. fig. 4, 6). 
 
 Winc-strainers(i79a>'ia) were also made of bronze 
 (Athen.), and their prrforations sometimes formed 
 an elegant pattern. The poor used linen strainers 
 (Mart. xiv. 104); and, where nicety was not requir- 
 ed, they were made of broom or of rushes (Colum. 
 Dc Hi; Hust. xii. 19). The Romans filled the strainer 
 with ice or snow {cola nwaria) in order to cool 
 and dilute the wine at the same time that it was 
 cleared. The bone of the nose, which is minutely 
 perforated for the passage of the olfactory nerves, 
 was called ridfj^s, the ethmoid bone, from its exact 
 resemblance to a strainer. [J. Y.] 
 
 COLUMBA'RIUM, a dove-cote or pigeon- 
 house. The word occurs more frequently in the 
 plural number, in which it is used to express a 
 variety of objects, all of which, however, derive 
 their name from their resemblance to a dove-cote. 
 
 I. In the singular, Columbarium means one of 
 those sepulchral cliambcrs formed to receive the 
 ashes of the lower orders, or dependants of great 
 families ; and in the plural, the niches in which 
 the cinerary ums {ol(ac) were deposited. Several 
 of these chambers are stiU to be seen at Rome. One 
 of the most perfect of them, which was discovered 
 in the year 1822, at the villa Rulini, about two 
 miles beyond the Porta Pia, is represented in the , 
 annexed woodcut. 
 
 Each of the niches contained a pair of ums, 
 witli the names of the persons whose ashes they 
 contained inscribed over them. The use of the 
 word, and mode of occupation, is testified in the 
 following inscription (Spon. Alisc. Ant. Eriulit. ix. 
 p. 287):- 
 
GOLUMNA. 
 L. Abucius Hermes in hoc 
 
 ORDINE AB IMO AD SUMMUM 
 COLUMBARIA IX. OLLAE XVIII. 
 SIBI POSTERISUUE SUIS. 
 
 COLUMNA. 
 
 265 
 
 Wan 
 
 II. In a machine used tn raise water for the 
 purpose of irrigation, as described by Vitnivius (x. 
 9), the vents through which the water was con- 
 veyed into the receiving trough, were tenned 
 Columbaria. This will be understood by refer- 
 ring to the woodcut at p. 54. [Antlia.] The dif- 
 ference between that representation and the 
 machine now under consideration, consisted in tlie 
 following points : — The wheel of the latter is a 
 solid one {fi/m/iaiium), instead of radiated (ruta); 
 and was worked as a treadmill, by men who stood 
 upon platforms projecting from the Hat sides, in- 
 stead of being turned by a stream. Between the 
 intervals of each platform a scries of grooves or 
 channels {coluiiJtaria) were formed in the sides 
 of the tjTnpanum, through which the water taken 
 up by a number of scoops placed on the outer 
 margin of the wheel, like the jars in the cut re- 
 ferred to, was conducted into a wooden trough be- 
 low (labrum li(jneum sujypusitum, Vitruv. I.e.). 
 
 III. The cavities into which the extreme ends 
 of the beams upon which a roof is supported {iij- 
 noram cubilia), and which are represented by 
 triglyphs in the Doric order, were tenned Colum- 
 baria by the Roman architects (Vitruv. iv. 2. p. 110. 
 ed. Bipont) ; that is, whilst they remained empty, 
 and until hlled up by the head of the beam. 
 (Marquez, Ddt Online Dorico, vii. 37.) [A. R.] 
 
 COLUMNA {kiwv, dim. Kiovis, Kioviov, Kiovi- 
 (TKos' CTvKos, dim. <ttv\Is, crrvK'taKos), a pillar or 
 column. 
 
 The use of the trunks of trees placed upright 
 for supporting buildings, unquestionably led to the 
 adoption of similar supports wrought in stone. 
 Among the agricultural Greeks of Asia Minor, 
 whose modes of life appear to have suft'ered little 
 change for more than two thousand years, Mr. 
 Fellows observed an exact confonnity of style and 
 arrangement between the wooden huts now occu- 
 pied by the peasantry, of one of which he has 
 given a sketch (Journal, p. 234 ; see woodcut), 
 and the splendid tombs and temples, which were 
 hewn out of the rock, and constructed at the ex- 
 pense of the most wealthy of the ancient inhabit- 
 ants. We have also direct testimonies to prove 
 that the ancients made use of wooden columns in 
 their edifices. Pausanias (vi. 24. § 7) describes a 
 very ancient monument in tlie market-place at 
 Elis, consisting of a roof supported by pillars of 
 
 oak. A temple of Juno at Metapontum was sup- 
 ported by pillars made from the trunks of vines. 
 (Plin. //. A^. xxiv. I.) In the Egyptian architec- 
 ture, many of the greatest stone colnmns are mani- 
 fest imitations of the trunk of the palm. (Herod, 
 ii. 169.) 
 
 As the tree required to be based upon a flat 
 S(]uare stone, and to have a stone or tile of similar 
 fonn fixed on its summit to preserve it from decay, 
 so the column was made with a square base, and 
 was covered with an abacus. [Abacus.] Hence 
 the j)rincipal parts of which every column consists 
 are three, the base, the shaft, and the cajjital. 
 
 In the Doric, which is the oldest style of Cireek 
 architecture, we must consider all the columns in 
 the same row as having one common base (podium), 
 whereas in the Ionic and Corinthian each column 
 has a separate base, called (nre7pa. [Spira,] The 
 capitids of these two latter orders show, on com- 
 parison with the Doric, a yet greater degree of 
 complexity and a much richer style of ornament ; 
 and the character of lightness and elegance is 
 further obtained in them by their more slender 
 shaft, its height being much greater in proportion 
 to its thickness. Of all these circumstances some 
 idea may be formed by the insi)ection of the three 
 accompanying specimens of pillars, selected from 
 each of the principal orders of ancient architecture. 
 The first is from a column of the Parthenon at 
 Athens, the capital of which is shown on a larger 
 scale at p. 1. The second is from the temple of 
 Bacchus at Teos, the capital of which is introduced 
 at p. lOG. The third is from the remains of the 
 temple of Jupiter at Labranda. 
 
266 
 
 COLUMNA. 
 
 COLUMNA. 
 
 In all the orders the shaft (sc«ji)!«) tapers from the 
 bottom towards the top, thus imitating the natural 
 form of tlie traiik of a tree, and at the same time 
 conforming to a general law in regard to the attain- 
 ment of strength and solidity in all upright bodies. 
 The shaft was, however, made with a sUght swell- 
 ing in the middle, which was called the c/iiasis. 
 It was, moreover, ahnost universally, and from the 
 earliest times, channelled or fluted, i. c. the outside 
 was striped with incisions parallel to the axis. 
 ( Vitruv. iv. 4.) These incisions, called struw, were 
 always worked with extreme regularity. The 
 section of them by a plane parallel to the base was, 
 in the Ionic and Corinthian orders, a semicircle ; 
 in the Doric, it was an arc much less than a semi- 
 circle. Their number was 20 in the columns of 
 the Parthenon, above represented ; in other in- 
 stances, '24, 28, or 32. 
 
 The capifeil was commonly wrought out of one 
 block of stone, the shaft consisting of several 
 cylindrical pieces fitted to one another. When 
 the column was erected, its component parts were 
 firmly joined together, not by mortar or cement, 
 but by iron cramps fixed in the direction of the 
 axis. The annexed woodcut is copied from an 
 engraving in Swinburne's Tour in the Two 
 Sicilies (vol. ii. p. 301), and represents a Doric 
 column, which has been thrown prostrate in such 
 a manner as to show tlie capital lying separate, 
 and the five drums of the shaft, each four feet 
 long, with the holes for the iron cr;unps by which 
 they were united together. 
 
 Columns of an astonishing size were nevertheless 
 erected, in which the shaft was one piece of stone. 
 For this pm-pose it was hewn in the quarry into 
 the requisite form (Virg. Aai. i. 428), and was 
 then rolled over the ground, or moved by the aid 
 of various mechanical contrivances, and by immense 
 labour, to the spot where it was to be set up. The 
 traveller now sometimes views with wonder the 
 unfinished iiillars, either occupjnng their original 
 site in tlie (puirry, or left after ha\'ing performed 
 one half their journey, while he finds other shafts 
 arnmged in their intended position, and consisting 
 each of a single piece of marble, alabaster, poi-phyry, 
 jasper, or granite, which is either corroded by 
 time, or retains its polish and its varied and beauti- 
 ful colom-s, according to the situation in which it 
 lias been placed, or the durability of its substance. 
 The mausoleimi of the Emperor Adrian, a circular 
 building of such dimensions that it serves as the 
 fortress of modern Rome, was surrounded by forty- 
 eight lofty and most beautiful Corinthian pillars, 
 the shaft of each pillar being a single piece of 
 marble. About the time of Constantino, some of 
 these were taken to support the interior of a church 
 dedicated to St. Paul, which a few years ago was i 
 
 destroyed by fire. The interest attached to the 
 working and erection of these noble columns, the 
 undivided shafts of wliich consisted of the most 
 valuable and splendid materials, led munificent iu- 
 dividuals to employ their wealth in presenting 
 them to public structures. Thus Croesus contri- 
 buted the greater part of the pillars to the temple 
 at Ephesus. (Herod, i. 92.) In the iiiuis at 
 Labranda, now called Jacklj-, in Caria, tablets in 
 front of the columns record the names of the donors, 
 as is shown in the specimen of them above ex- 
 hibited. 
 
 Columns were used in the interior of buildings, 
 to sustain the beams which supported the ceiUng. 
 As both the beams and the entire ceiling were 
 often of stone or marble, which could not be ob- 
 tained in pieces of so great a length as wood, the 
 coluunis were in such cu'cimistances frequent in 
 proportion, not being more than about ten or twelve 
 feet apart. The opisthodomos of the Parthenon of 
 Athens, as appears from traces in the reniainuig 
 ruins, had four columns to support the ceiling. A 
 common arrangement, especially in buildings of an 
 oblong funn, was to have two rows of columns 
 parallel to the two sides, the distance from each 
 side to the next row of columns being less than 
 the distance between the rows themselves. This 
 construction was adopted not only in temples, but 
 in palaces (olf/coi ), i. c. in houses of the greatest 
 size and splendour. The great hall of the palace 
 of Ulysses in Ithaca, that of the king of the 
 Phaeacians, and that of the pakce of Hercules at 
 Thebes (Eurip. Here. Fur. 975 — 1013), are sup- 
 posed to have been thus constructed, the seats of 
 honour both for the master and mistress, and for 
 the more distinguished of their guests, being at the 
 foot of cei-tain pillars. {Ud. vi. 307 ; viii. GO'. 
 473; xxiii. 90.) In these regal halls of the 
 Homeric aciu, we are also led to imagine the pil- 
 lars decorated with anns. When Telemachus enters 
 his father's hall, he places his spear against a 
 column, and " within the polished spear-holder," by 
 which we must understand one of the striae or 
 channels of the shaft. (Od. i. 127—129 ; xvii. 29; 
 Virg. Acn. xii. 92.) Around the base of tho 
 columns, near the entrance, all the warriors of the 
 famil}^ were accustomed to incline their spears ; and 
 from the upper part of the same, they suspended 
 their bows and quivers on nails or hooks. (Horn. 
 Hymn, in Ap. 8.) The minstrel's lyre hung upon 
 its peg from another colunni nearer the top of the 
 room. (Od. viii. 67; Pind. 01. i. 17.) The 
 columns of the hall were also made subservient to 
 less agi'eeable uses. Criminals were tied to them 
 in order to be scourged, or otherwise tonneiited. 
 (Soph. AJa<r, 108; Lobcck <id loc; Diog. Laert. 
 viii. 21 ; Hesiod, Tlwoij. 521.) According to the 
 description in the Odyssey, the beams of the hall 
 of Ulysses were of silver-fir ; in such a case, the 
 apartment might be very spacious without being 
 overcrowded with columns. (Od. xix. 38 : xxii. 
 176. 193.) Such likewise was the hall of tho 
 palace of Atreus at Mycenae : — " Fulget turbae 
 cajjax Immane tectum, cujus aunitas trabes Variis 
 colunmae nobiles maculis fenuit." (Sen. Tliyest. 
 iv. 1.) 
 
 Rows of columns were often cmploj-ed within a 
 building, to enclose a space open to the sky. 
 Beams supporting ceilings passed from above the 
 columns to the adjoining walls, so as to form 
 covered passages or ambidatories {oToal). Such 
 
COLUMNA. 
 
 a circuit of columns was called a peristyle (irepf- 
 arvXov), and the Roman atrium was built upon this 
 plan. The largest and most splentlid tomjiles en- 
 closed an open space like an atrium, which was 
 accomplished by placing one peristyle upon another. 
 In such cases, the lower rows of columns being 
 Diiric, the upper were sometimes Ionic or Corin- 
 thian, the lighter being properly based upon the 
 heavier. (Paus. viii. 45. §4.) A temple so con- 
 structed was called b/pael!ind (uiraidpos). 
 
 On the outside of buildings columns were by no 
 means destitute of utility. But the chief design 
 in erecting them was the attainment of grandeur 
 and beauty ; and, to secure tliis object, every cir- 
 cumstance relating to their form, proportions, and 
 wrangement was studied with the utmost nicety 
 and exactness. Of the truth of this observation, 
 some idea may be fonned from the following list of 
 terms, which were employed to distinguish the 
 different kinds of temples ( Vitruv. iii. "2, 3): — 
 
 I. Terras describing the number and arrange- 
 ment of the columns. 
 
 1. "AaTvAos, ast>//e, without any columns. (Leo- 
 nidas Tarent. Mi Br. Anal. i. 237 ; Plin. H. N. 
 xxxiv. 8.) 
 
 2. 'Ei/ irapatTTaai, in aiitis, with two columns in 
 fiMut bet\\'een the antac. (Piud. 01. vi. 1 ; wood- 
 cut, p. 30.) 
 
 3. np6aTv\os, prostyle, with four columns in 
 front. 
 
 4. 'Aix(pmp6(TTv\os, ampldprostylc, with four 
 culnmns at each end. 
 
 5. nef/iTTTepos, or dfj.(piKiai/ (Soph. Ant. 285), 
 prriptcrul, with columns at each cud and along 
 each side, the side being about twice as many as 
 tlic end columns, including two divisions, viz.:— 
 
 a. 'EJacTTU/Vos, licdxtstyle, with six columns at 
 eacli end, and either nine or eleven at eadi 
 side, besides those at the angles. Example, 
 the Theseum at Athens. 
 - b. '0/cTa(TTuAos, odiisiyk, with eight columns at 
 each end, and fifteen at each side, besides 
 those at the angles. Example, the Parthenon 
 at Athens. 
 
 6. AivTfjios, dipteral, with two ranges of columns 
 (irT€po) all round, the one within the other. 
 
 7. Tei/SoSiiTTepos, pseudodipteral, with one range 
 only, but at the same distance from the walls of 
 the cella as the outer range of a SiVrepos. 
 
 8. Ae/caiTTi/Xos, dccastyle, with ten columns at 
 each end, which was the case only in hypaethral 
 temples. (Vitruv. iii. 1.) 
 
 II. Tenns describing the distance of the columns 
 ti om one another, and from the walls of the cella. 
 
 1. IIu/cfo'o'TuAoj, pyciiostyle, the distance be- 
 tween the columns a diameter of a column and 
 half a diameter. 
 
 2. StiiTTuAos, sysiyle, the distance between the 
 colunms two diameters of a column. 
 
 3. EvcrrvAos, eiistyle, the distance between the 
 columns two diameters and a quarter, except in the 
 centre of the front and back of the building, where 
 each intercolinnniation (intercolumnium) was three 
 diameters ; called eustyle, because it was best 
 adapted Ijoth for beauty and convenience. 
 
 4. AiauTuAos, diaslylc, the intercolumniation, or 
 distance between the colmmis, three diameters. 
 
 5. ' hpaioa-ruXos, araeoslyle, the distances exces- 
 sive, so that it was necessaiy to make the epistyle 
 (jvwTvKiov), or architrave, not of stone, but of 
 timber. 
 
 COLUMNA. 267 
 
 Columns in long rows were used to convey 
 water in aquaeducts (Crates, ap. Allien, vi. 94) ; 
 and single pillars were fixed in harboiu s for moor- 
 ing ships. {Od. xxii. 4G0'.) Some of these are 
 found yet standing. 
 
 Single colunms were also erected to commemo- 
 rate persons or events. Among these, some of the 
 most remarkable were the culiinmac rostrufae, 
 called by that name because three ship-beaks pro- 
 ceeded from each side of them, and designed to 
 record successful engagements at sea {navidi sur- 
 ijeiites aere columnae, Virg. Gcorg. iii. 29 ; Servius, 
 ad loc). The most important and celebrated of 
 those which yet remain, is one erected in honour 
 of the consul C. Duillius, on occasion of his victory 
 over the Carthaganian ileet, a. c. 21)1 (see the 
 annexed woodcut). It was originally placed in 
 
 the forum (Plin. H.N. xxxiv. 11), and is now 
 preserved in the museimi of the eapitol. The in- 
 scription upon it, in great part elfaced, is written 
 in obsolete Latin, similar to that of the Twelve 
 Tables, ((iuiuctil. i. 7.) When statues were raised 
 to ennoble victors at theOljTnpic and other games, 
 or to commemorate persons who had obtained any 
 high distinction, the tribute of public homage was 
 rendered still more notorious and decisive by fixing 
 their statues upon pillars. Tliey thus appeared, as 
 Pliny observes (II. N. xxxiv. 12), to be raised 
 above other moilals. 
 
 But columns were nmch more commonly used to 
 commemorate the dead. For this purpose they 
 varied in size, from the plain marble pillar bearing 
 a simple Greek inscription (Leon. Tanmt. in Br. 
 Anal. i. 239) to those lofty and elaborate columns 
 which are now among the most wonderful and in- 
 structive monuments of ancient Rome. The 
 column on the right hand in the last woodcut 
 exhibits that which the senate erected to 
 the honour of the Emperor Trajan, and crowned 
 with his colossal statue in bronze. In the pedestal 
 is a door which leads to a spiral st;urcase for 
 ascending to the summit. Light is admitted to 
 this staircase through numerous apertures. A 
 spiral bas-relief is folded round the pillar, which 
 represents the emperor's victories over the Uacians, 
 
268 
 
 COMA. 
 
 COMA. 
 
 and is one of the most valuaLle authorities for 
 archaeological inquiries. Including the statue, the 
 height of this monument, in which the ashes of the 
 emperor were deposited, was not less than 130 
 feet. A similar column, erected to the memory of 
 the Emperor Marcus Aurelius, remains at Rome, 
 and is commonly known by the appellation of the 
 Antonine column. After the death of Julius 
 Caesar, the people erected to his memory a column 
 of solid marble, 20 feet high, in the forum, with 
 the inscription pare.nti patriae. (Suet. Jul. 85.) 
 Cdlimins still exist at Rome, at Constantinople, 
 and in Egypt, which were erected to other em- 
 perors. [J. Y.] 
 
 COMA (k^iUIj), the hair of the head. Besides 
 this general tenn, there are various other words, 
 both in Greek and Latin, signifying the hair, 
 each of which acquires its distinctive meaning from 
 some physical property of the hair itself, or from 
 some peculiarity in the mode of arranging it ; the 
 principal of which are as follow: — 1. 'Efleipa 
 (Hom. 11. xvi. 795), a head of hair when carefully 
 dressed (Si;hol. ad Tluiucr. Idi/U. i. 34). 2. XaJrr), 
 properly the mane of a horse or a lion, is used to 
 signify long flowing hair (Hom. //. xxiii. 141). 
 3. ^u§7), when accurately used, implies the hair of 
 the head in a state of disorder incident to a person 
 under a sense of fear (Soph. Ocd. Cul. 14()5 ; Antiff. 
 419). 4. no/far, from Trei'/co) or ire/coi (Hesych.), 
 tlie hair when combed and dressed (Aristoph. 
 Thesiii. 547). 5. ©pi'f, a general term for hair, 
 from the plural of which the Romans borrowed 
 their word irkae (Nonius, s.v.): Tplxt^cris and 
 rpix<t)lJia. are used in the same sense (Aescli. Scjit. 
 c. Tliclj. (;(J3 ; Eur. lj)h. Taur. 73). fi. KdptrTj (Att. 
 KopfiT)), from the old word /cop, the head (Blomf. 
 Gloss, mi AescJi. Pi rs. GG4), signifies properlj- the 
 hair on the top of the head ; and hence a particular 
 fiishion of arranging the hair amongst the Greek 
 women was termed K6pvnSos (Thucyd. i. G); or, 
 when worn in the same style by the men, it was 
 designated by another derivative from the same 
 word, Kpa,gv\os (Schol. Ad Thiwyd. I. c). To 
 produce this effect, the hair was drawn up aU 
 round the head from the front and back, and fast- 
 ened in a bow on the top, as exemplified in the 
 two following busts, one of the Apollo Belvidere, 
 tile other of Diana, from the British Museum 
 (Chamber xii. No. 19). 
 
 Instead of a band the people of Atliens fastened 
 the bow with an ornamental clasp, fashioned like 
 a grasshopper, to show tluit tliey were aborigines. 
 (Thucyd. i. 6 ; Virg. Ciris, 12!!.) KpiiSvKos is also 
 used for a cap of network, like that represented 
 
 at p. 172. 248 [Calantica]. 7. UaWos, which 
 properly means wool, was also used for the short, 
 round curly hair, which resembles the fleece of a 
 lamb, such as is seen in some of the early Greek 
 sculptures, particularly in the heads of Hercules, 
 one of which is subjoined from a specimen in the 
 British Museimi (Chamber ii. No. 12). 
 
 8. Kipas {icepa dy\ae, Schol. ad II. xi. 385 ; 
 compare Juv. Sat. xiii. 165 ; Virg. Aen. xii. 89), 
 a term used when the hair was combed up from the 
 temples on each side, so as to give it the appear- 
 ance of two horns, as is seen in the heads of fawns 
 and satyrs, and in the bust of Jupiter introduced 
 below. 9. K'lKivvos (Aristoph. It-sp. 1069), 
 irKoxiJ-6s (11. xvii. 52), x^iSai (Soph. IJlccl. 52), 
 the hair which falls in ringlets, eitlier natural or 
 artificial, wiiich was sometimes called fioargvxos 
 and irAo'/ca/tor. (Pollux, ii. 28.) All these tenns, 
 wlien strictly appropriated, seem to desigiiate that 
 singular style of coijf'an'. which is observable in 
 Etruscan and early Greek works, and common to 
 both sexes, as seen in the casts from the temple 
 of Jupiter Panhellenius in the British Museum. 
 
 Besides the generic coma, the Romans made use 
 of the following terms, expressive of some peculiar 
 qualities in the hair, or particular mode of arrange- 
 ment: — 1. CapiUus, according to the old etymolo- 
 gists, (juasi capUis pilus. 2. Vrinis, the hair when 
 carefully dressed (Hor. Canii. l. xv. 20). 3. 
 Caesaries, which is said, though without much 
 probability, to be connected with caedo, the 
 hair of the male sex, because they wore it short, 
 whereas the women did not. 4. Cincinnus, 
 k'ikivuos (Cic. c. Fison. 11 ; Plaut. True. n. ii. 32), 
 the hair when platted and dressed in circles, like 
 the head on page 11 [Acus], as it is still worn by 
 the women of Mola di Gaieta (Furmiae). Martial 
 (Ep. ii. 66. 2) tonus these circles anmdi; and 
 Claudian (I'roscrp. xxxv. 15), orl/es. 5. Cirrus, 
 a lock of curly hair. The locks which fell over 
 the forehead were termed aipro/iae (Apul. iMi't. i. 
 p. 14. ed, Oudendorp), quasi a cajdte pronae. 
 Nonius, s. v. ; Lucill. Sat. xv.), vpoKdfxiov (Pollux, 
 vii. 95 ; x. 170) ; those which fell from the tem- 
 ples over the ears, aittiuc (Apul. /. c. ; Isidor. Orig. 
 xix. 31). Both the aidkie and ca^ironae are 
 accurately traced in the figure of Cupid bending 
 his bow, in the British Museum, from whicli tha 
 following woodcut is takeu (Chamber vi. No. 22 ; 
 compare xi. 23). 
 
 All the Greek divinities are distinguished by a 
 characteristic coiffure, modified in some respects as 
 tlie arts progressed, but never altered in character 
 from the original model ; so that any person toler- 
 ably conversant with the works of (ireek art, -may 
 ahuost invariably recognise the deity represented, 
 
COMA. 
 
 from the disposition of tlie hair. We proceed to 
 specify some of the principal ones. 
 
 The head of the lion is the type upon which that 
 of Jupiter is formed, particularly in the disposition 
 of the hair, which rises from the forehead and falls 
 back in loose curls down the sides of the face, until 
 it forms a junction with the beard. This is 
 illustrated by the next two woodcuts, one of which 
 is from a statue of Jupiter in the Vatican, supposed 
 to be a copy of the Phidian Jove ; and the other 
 is a lion's head, from the British Museum (Cham- 
 ber ii. No. 13). 
 
 The same disposition of the hair is likewise pre- 
 served in all the real or pretended descendants 
 from Jupiter, such as Aesculapius, Alexander, &c. 
 
 Pluto or Serapis has the hair longer, straighter, 
 and lower over the forehead, in order to give 
 severity to the aspect, and with the modius on his 
 head, as represented in the next drawing from the 
 British Museum (Chamber vii. No. 68). The 
 raodias is decorated with an olive branch, for oil 
 was used instead of wine in sacrifices to Pluto. 
 (Virg. Aen. vi. 254.) 
 
 COMA. 269 
 
 The hair of Neptune is cut finer and sharper 
 than that of Jupiter. It rises from the forehead, 
 and then falls down in flakes as if wet, in the 
 manner represented in the following liead, from the 
 British Museum (Chamber xi. No. 27). 
 
 Apollo is usually represented with the Kpti€v\os: 
 but when the hair is not tied up on the top of the 
 head, it is always long and flowing over the neck 
 and shoulders, as represented in the next woodcut, 
 from a very beautiful and early Greek sculpture 
 in the British Museum (Chamber iv. No. 2). 
 
 Hence he is called intnnsus, and aKepafKon-n^. 
 (Horn. Hymn, ml ApoU. 134, compare 4.50.) 
 
 Bacchus also wears his hair unshorn ; for he, as 
 well as Apollo, is typical of perpetual youth. 
 (TibuU. I. iv. 38.) 
 
 " Solis aetema est Phoebo Bacchoque juventas. 
 Nam decet ititonsus crinis uterque Deus." 
 (Eur. Bacch. 455 ; Seneca, Hij>j>ol. 752 ; Oed. 416.) 
 
 In the mature age of Greek art. Mercury has 
 short curly hair, as represented by the head on 
 the left hand in the woodcut below, from a statue 
 in the Vatican, which was for a long time falsely 
 ascribed to Antinous ; but in very early Greek 
 
270 COMA. 
 
 works he is rpprespnted with lirnidcd hair, in the 
 Etniscaii styh', and a shar])-pnintoil lioard (si'O the 
 rifflit hanil woodcut, from an altar in the museinn 
 of the cajiitol at Rome), whence he is termed 
 rr<fir)voirclywv. (Polhix, iv. 143. 145; compare 
 Pans. vii. '22. § 2.) 
 
 Hercules has short crisp hair like the curls be- 
 tween the honis of a bull, the head of which ani- 
 mal fonned the model for his, as is exemplified in 
 the subjoined drawings, one being the head of the 
 Faniese Hercules, the other, that of a liull, from a 
 bas-relief at Rome, in which all the characteristics 
 of Hercules, the small head, thick neck, and par- 
 ticular fonn of the hair arc strongly preserved. 
 
 The hair of Juno is parted in the front,andon the 
 top of the head is a kind of diadem, called in Latin 
 corona, and in Greek <T<pivhivri, from its resem- 
 blance to a sling, the broad part of which is placed 
 above the forehead, while the two lashes act as 
 bands to confine the hair on the sides of the head, 
 and fasten it behind (Kustath. ad Dioniis. Peruyct. 
 V. 7), in the manner represented in the next wood- 
 cut, from the British Museum (Chamber xii. 
 No. 1). 
 
 Pallas is rarely seen \vithout her helmet ; but 
 when portrayed with her head uncovered, the 
 hair is tied up in a knot at some distance from the 
 liead, and then falls from the band in long pai'allel 
 curls. 
 
 Venus and Diana are sometimes adorned with 
 the KopvfiSos (woodcut, p. 2(ii!) ; but both these 
 di\initics are more frequently represented will; 
 their hair dressed in the simple style uf the young 
 Greek girls (compare Paus. viii. 20. § 2 ; x. 25. 
 § 2), whose hair is parted in front, and conducted 
 round to the back, so as to conceal the upper part 
 of the ears. It is then tied in a plain knot at the 
 nape of the neck, or at other times, though less 
 
 COMA. 
 
 frequently, at the top of the head ; both of which 
 fashions are represented in the two woodcuts sub- 
 joined, one, that on the left, a daughter of Niobe, 
 and the other from a bas-relief at Rome. 
 
 For the other styles of Venus and Diana see the 
 Venus di Medici, and British Museum, Chamber 
 ii. No. «") ; iii. 13 ; iv. 11 ; xii. 19 ; and Venus of 
 the central saloon — the otlier ornaments sometimes 
 seen in statues of Diana are works of a later age. 
 
 Fail' hair was much esteemed both by the Greeks 
 and Romans ; hence in some of the statues the 
 hair was gilt, remains of which are discernible in 
 the Venus di Medici, and in an Apollo of the 
 capitol ; and both sexes dyed their hair when it 
 grew grey. (Aristoph. Ecc/cs. 73G ; Mart. Epig. iii. 
 43 ; Propert. ii. xviii. 24. 2!!.) 
 
 False hair, or wigs, tpevaKTi, Triji/i/cij, kJ/zoi 
 irpotrOeTai, rpi^es irpoaOfTai, i/alrrus, were also 
 worn by the people of both countries. (Pollux, 
 
 ii. 30 ; x. 170; Etymol. Afruj. s. v. SiairqviK'i^a, 
 and (pevaKia-Bevre!. Xen. Ci/rop. i. 3. § 2 ; Polyb. 
 
 iii. 78; Juv. Sat.\i. 120.) 
 
 In very early times the Romans wore their hair 
 long, as was represented in the oldest statues dur- 
 ing the age of Varro {De Rc Rust. II. xi. 10), and 
 hence the Romans of the Augustan age designated 
 their ancestors intonsi (Ovid, Fast. ii. 30), and 
 capitluti (.luv. Std. vi. 30). But this fashion did 
 not last after the year is. c. 300, as appears by the 
 reuiiiining works of art. The women too dressed 
 their hair with simplicity, at least until the time 
 of the emperors, and probably much in the same 
 style as those of Greece ; but at the Augustan 
 period a variety of different head-dresses came into 
 fashion, many of which are described by Ovid {Art. 
 Am. iii. 13G. &c.). Four specimens of different 
 periods are given on the next page. The first head 
 on the left represents Octavia the niece of Augustus, 
 from the museum in the capitol at Rome ; the next 
 Messalina, fifth wife of the emperor Claudius ; the 
 one below on the left, Sabina the wife of Hadrian ; 
 and the next Plautilla, the wife of Cai-acalla, 
 which three are from the British Museum (Cham- 
 ber vi. Nos. (15. 51i. 3!)). 
 
 Both countries had some peculiar customs con- 
 nected with the growth of their hair, and illustra- 
 tive of their moral or physical conditions. The 
 Spartans combed and dressed their heads with 
 especial care when about to encounter any great 
 danger, in which act Leonidas and his followers 
 were discovered by the spies of Xerxes before the 
 battle of Thermopylae. (Herod, vii. 209.) The 
 sailors of both nations shaved off their hair after 
 an escape from shipwreck, or other heavy calamity, 
 and dedicated it to the gods. (Antholog. Epi(jr. 
 Lmian, 15; Juv. Sat. xii. 81.) In the earlier 
 ages, the Greeks of both sexes cut their liair 
 
COMES. 
 
 close in ninuriiinp; {Od. iv. 1,08; xxiii. 141; 
 Soph. AJ. 1174; Enrip. E/rdr. HH. 241. 3;i7 ; 
 Pliorn. ZnS; Iph. Aul. 1448; Troad. 4f!4 ; Hdm. 
 109(1. 1 137. 1244) ; but siibspquently this practice 
 was more exclusively confined to the women, the 
 men leavinff theirs long and neglected (Plutarch. 
 Qucicst. Horn. p. 82. ed. Reisk.), as was the custom 
 amongst the Romans. (Ovid, Episi. x. 137; Virg. 
 Ai u. iii. 65 ; xi. 35.) 
 
 In childhood, tliat is up to the age of puberty, 
 the hair of the males was suffered to grow long 
 amongst botli nations, when it was clipped and de- 
 dicated to some river or deity, from thence called 
 Kovporp6(pos by the poets (Antholog. Epit/. Antip. 
 Th. 21 ; Mart. Ejiirj. i. xxxii. 1 ; ix. xvii. 1), and 
 therefore, to cut off the hair means to take the 
 toga virilis. (A/, ix. xxxvii. 1 1.) At Athens this 
 ceremony was performed on the third day of 
 the festival Apaturia, which is therefore termed 
 Kovpeairii. 
 
 In both countries the slaves were shaved as a 
 mark of ser\-itude. (Aristoph. Arcs, 911 ; Plant. 
 Ampli. I. i. 3()G ; compare Lucan, i. 442 ; Polyb. 
 Kriof/. xcvii. ; Appian, Mithrklai. p. 29G. ed. 
 'rollius.) 
 
 The vestal virgins also cut their hair short upon 
 taking tlieir vows; which rite still remains in the 
 papal church, in which all females have their hair 
 cut close upon taking the veil. [A. R.] 
 
 COMES. The word comes had several mean- 
 ings in the Latin of the middle ages, for which tlie 
 reader is referred to Du Frcsne's Glossary and Sup- 
 plement, s. V. In classical writers, and even to the 
 t iul of the fourth century, its senses are comparar 
 tively few. 
 
 First it signified a mere attendant or companion, 
 distinguished from sodas, which always implied 
 some bond of union between the persons mention- 
 
 COMTTIA. 271 
 
 ed. Hence arose several technical senses of the 
 word, the connection of wliich may be easily 
 traced. 
 
 It was applied to the attendants on magistrates, 
 in wliich sense it is used by Suetonius (Jul. Caes. 
 42). In Horace's time (Epist. i. viii. 2) it was cus- 
 tomary for young nuMi of family to go out nacoidii/jcr- 
 valfs to governors of provinces and commanders-in- 
 chief, under wliose cj'e they learnt the arts of war 
 and peace. This seems to have led the way for 
 tiie introduction of the comitcs at liome, the main- 
 tenanceof whom was,in Horace's opinion (Sat. i. vi. 
 101), one of tlic miseries of wealth. Hence a person 
 in the suite of^the emperor was termed cmmv. As 
 all power was supposed to flow from the imperial 
 will, the term was easily transferred to tlie various 
 offices in the palace and in tlie provinces (comites 
 palatini, provineialcs). About the time of Con- . 
 stantine it became a regular honorary title, includ- 
 ing various grades, answering to the comUcs ordinia 
 priiiii, Sivuiidi, h'liii. The powi'r of these ofticcrs, 
 especially the provincial, varied with time and place ; 
 some presided over a particular department, with 
 a limited authority, as we should term tliem, com- 
 missioners; others were invested with all the 
 powers of the ancient proconsuls and praetors. 
 
 The names of the following officers explain 
 themselves: — Comes Orientis (of whom there seem 
 to have been two, one the superior of the other), 
 comes Egypti, comes Rritanniae, comes Africae, 
 comes rei militaris, comes portuum, comes stabuli, 
 comes domesticonnn equitum, comes clibanarius, 
 comes linteae vestis or vcstiarii (master of the 
 robes). In fact the emperor had as many comites 
 as he had duties: thus, comes consistorii, the em- 
 peror's privy-councillor ; comes largitioninn priva- 
 tannn, an officer who managed the emperor's pri- 
 vate revenue, as the comes largitionum sacrarum 
 did the public exchequer. The latter office united 
 in a groat mcasiu'e the functions of the aedile and 
 quaestor. The four comitcs commerciorum, to 
 whom the government granted the exclusive privi- 
 lege of trading in silk with b;u'barians, were under 
 his control. [R. J.] 
 
 COMISSA'TIO (derived from kw^uos, Van-o, 
 Dc Lhuj. Lilt. vii. 89. ed. M'liller), the name of a 
 drinking entertainment, which took place after the 
 coena, from which, however, it must be distin- 
 guished. Thus Demetrius says to his guests, after 
 they had taken their coena in his own house, "Quin 
 comniissatum ad fratrem imus ?" (Liv. xl. 7); and 
 when Habinnas comes to Trimalchio's house after 
 taking his coena elsewhere, it is said that " Comis- 
 sator intravit" (Petron. ()5). It appears to have 
 been the custom to partake of some food at the 
 comissatio (Suet. Vitcll. 13), but usually only as a 
 kind of relish to the wine. 
 
 The comissatio was fi'equently prolonged to a 
 late hour at night (Suet. Til. 7) ; whence the verb 
 comissari means "to revel " (Hor. Carm. iv. i. 11), 
 and tlie substantive comissator a " reveller " or 
 "debauchee." Hence Cicero (Ad Att. i. Ifi) calls 
 the supporters of Catiline's conspiracy comixsatorcs 
 conjurationis. (Recker, Gullus, vol. ii. p. 235.) 
 
 COMI'TIA, or public assemblies of the Roman 
 people (from com-eo for coco), at which all the 
 most important business of the state was trans- 
 acted, such as the election of magistrates, the pass- 
 ing of laws, the declaration of war, the making 
 of peace, and, in some cases, the trial of persons 
 1 charged with public crimes. There were three 
 
272 
 
 COMITIA. 
 
 kinds of comitia, according to the three different 
 divisions of the Roman people. 
 
 I. The CoMiTiA CmuATA, or assembly of the 
 curiae, the institution of which is assigned to 
 Romulus. 
 
 II. The CoMiTiA Centuriata, or assembly of 
 the centuries, in which the people gave their votes 
 according to the classification instituted by Servius 
 Tullius. 
 
 III. The Comitia Tributa, or assembly of the 
 people according to their division into the local 
 tribes. The two first required the authority of 
 the senate, and could not be held without taking 
 the auspices ; the comitia irihuta did not require 
 these sanctions. We shall consider the three 
 assemblies separately. 
 
 I. Comitia Curiata. This primitive assem- 
 bly of the Romans originated at a time when there 
 was no second order of the state. It was a meet- 
 ing of the populus, or original burgesses, assembled 
 in their tribes of houses, and no member of the 
 plebs could vote at such a meeting. The ancient 
 populus of Rome consisted of two tribes — the 
 licaiines or Ra)m/e7ises, and the Titicnses or Tities, 
 called after the two patronymic heroes of the state 
 Romtis, Remus, or Romulus, and Titus Taiius ; to 
 which was subsequently added a third tribe, the 
 Lucercs or Luccrenses. Of these last Festus says, 
 in a passage of some interest and importance — 
 " Liicereses et Luceres, quae pars tertia populi 
 Romani est distributa a Tatio et Romulo, appellati 
 sunt a Lucero, Ardeae rege, qui auxilio fuit Romulo 
 adversus Tatium beUanti." From which it may be 
 inferred, that as the Titi/'s were Sabines, and the 
 Ramnes the Romans proper, so the Luceres were 
 Latins or of a Tyrrhenian stock. It will be ob- 
 served also, that in this passage of Festus the 
 name of Tatius is placed first ; so also in the same 
 author (s. v. Sex Vestae Sacfrdotes) wo have, " Quia 
 civitasRomana in sex est distributa partis, in primes 
 secundosque Titienses, Ramnes, Luceres." This 
 seems to point to a tradition rather inconsistent with 
 the supposed precedency of " the haughty Ramnes" 
 (ci'lsi Ramnes, Niebuhr, Hist. Rom. i. p. 300). 
 
 The different nations of antiquity had each of them 
 their own regulative political number, or numerical 
 basis ; and as 3 X 4 was this basis with the Ionian 
 tribes, so 3x10 seems to have been the basis of 
 the Roman state-system (see Neio Cratylus,-p.l86). 
 The Athenian solar year consisted of 365 days, 
 the Roman cyclic year of 304 ; and 360, the 
 number of the houses or clans at Athens, bears the 
 same relation to the former year that 300, the 
 number of Roman houses, does to the latter. The 
 three original tribes of the pmpulus or piatrcs were 
 divided into 30 curiae, and each of these into 10 
 houses ; and this number of the houses also cor- 
 responded to the number of councillors who repre- 
 sented them in the senate. " The division into 
 houses was so essential to the patrician order, that 
 the appropriate ancient term to designate that 
 order was a circumlocution, tJ/e patrician ge.ntes 
 (ge7ites patriciae ). " Plebes dicitur," according to 
 Capito, " in qua gentcs civium patriciae non uisunt." 
 (Gellius, X. 20; Niebuhr, i. p. 316.) The deriv- 
 ation of cuiia from cura, which is given by Festus 
 and Varro, is altogether inadmissible. It is ob- 
 vious that curia means " the assembly of the 
 jHasfer-burgesses," " the free householders," " the 
 patroni;" the word contains the same element as 
 the Greek Kvpws,KoOpos, kov/iSios, K6pos,Koipavos, 
 
 COMITIA. 
 
 K6pSas,&c. (Netv Cratylus, p. 410), which element 
 also appears in the Latin quirites, curiatcs, oiriaiii, 
 &c. The word quirites appears to be nearly 
 identical with Kovprires, which signifies " noble 
 warriors;" as in Homer (//. xix. 193), Kpivdnfyos 
 KovpriTas dpt(rTfjas Uavaxaiuv. The same root is 
 also contained in the Sanscrit furas, " a hero." 
 In the same way as the Greeks used Kvpios of the 
 head of a family, the Romans spoke of the free 
 burgess and his wife as patromis and matrona in 
 reference to their children, servants, and clients. 
 (Niebuhr, i. p. 317.) These last, so called from 
 cluere — the clientes, the liorigern, the "bearers" or 
 dependants — were probably, in the first instance, 
 aliens, natives of cities having an isopolitan rela- 
 tion with Rome, who had taken up their franchise 
 there, bj' virtue of the jus cjrsularidi and the jus ap- 
 plicationis; and most likely their relation to the 
 patronus, or man of the cui-iae, was analogous to 
 that subsisting between the resident alien and his 
 irpoo-Tarrjs in a Greek state. These clients belong- 
 ed to the gentes of their patrons ; as, however, the 
 clients and the descendants of freedmen were 
 classed among the aerarians in reference to the 
 franchise at the comitia nutjora, it is exceedingly 
 improbable that they would vote with their patroni 
 at the comitia curiata. From the nimiber of houses 
 which they contained, the patrician tribes were 
 called centuries (compare Livy, i. 13. with x. 6); 
 and the three new centuries formed by Tarquinius, 
 were tribes of houses who voted in the comitia 
 curiida, like the original patricians. They were 
 united with the old tribes under the name of the 
 seoc siiffragia or " the six votes" — " Sex suffragia 
 appellantur in equitum centuriis, quae sunt adfectae 
 ei numero centuriarum, quas Priscus Tarquinius 
 rex constituit" (Festus). But the number of curiaz 
 continued the same, according to one or other of 
 the following solutions, which Niebuhr has sug- 
 gested : — 1. The 300 houses may have been still 
 complete, and 300 new houses were admitted 
 into the tribes, so as to assign 20 houses to each 
 curia ; the number of the curiae continuing unal- 
 tered, but 5 curiae instead of 10 being reckoned to 
 the century. 2. But more probably the houses 
 had fallen short. Suppose there were now only 5 
 to the curia. Then, if the 150 houses were col- 
 lected into half the number of curiae, the remain- 
 ing 15 curiae might be filled up with newly 
 adopted houses, the ancient proportion of 10 
 houses to a cima remaining undisturbed. " This 
 latter hypothesis," says Niebuhr (i. p. 393), " is 
 confirmed, and almost established, by the state- 
 ment that Tarquinius doubled the senate, raising 
 the number from 150 to 300 — only here two 
 changes are confounded, between which a con- 
 siderable interval would probably elapse." Al- 
 though the number of patrician curiae remained 
 unchanged by this measure of Tarquinius, it seems 
 indu'. itable that it was considered as an increase in 
 the number of the patrician tribes of houses, as 
 indeed the name implies, and as Festus (s. v. Sex 
 Vestae Sacerdotes), quoted above, most expressly 
 states ; the new and old tribes being distinguished 
 as jirst and second Tities, Ramnes, and Luceres. 
 
 The comitia curiata, which were thus open to 
 the original burgesses alone, were regarded as a 
 meeting principally for the sake of confirming some 
 ordinance of the senate : a soiatus-consulium was 
 an indispensable preliminary ; and with regard to 
 elections and laws, they had merely the power of 
 
COMITIA. 
 
 COMITIA. 
 
 273 
 
 ' nfinning or rejecting what the senate had already 
 ecreed (see the passage quoted by Niebuhr, ii. 
 . 179). The two principal reasons for summon- 
 g the comitia curmia were, either the passing of a 
 r curiata de impcrio, or the elections of priests, 
 he lejc curiata de imperio, which was the same as 
 e andoritas patmm (Niebuhr, i. p. 331), was 
 ecessary in order to confer upon the dictator, 
 onsuls, and other magistrates, the imperium or 
 ilitary command ; without this they had only a 
 'iestas or civil authority, and were not allowed to 
 eddle with military affairs. And thus Livy 
 akes Camillus speak of the comitia curiata, qiuie 
 em militarem continent, as distinguished fi'om the 
 comitia centuriata, quibus consules tribunosque 
 "itares creatis" (Liv. v. 52). The comitia curiata 
 ere also held for the purpose of cai'rj-ing into 
 ect the form of adoption called adrogatio, for the 
 .iconfinnation of wills, and for the ceremony called 
 the detestatio sacrorum. They were held in that 
 part of the forum which was called comiti/im, and 
 where the tribunal {siuitjestum) stood. The patri- 
 cian magistrates properly held the comitia curiata; or, 
 if the question to be proposed had relation to sacred 
 rights, the pontifices presided. They voted not by 
 houses but hy curiae; this was probably the reason 
 wh)- Tarquinius was careful not to alter the num- 
 ber of the curiae when he increased the number of 
 the tribes. In after times, when the meetings of 
 the comitia curiata were little more than a matter 
 of form, their suffrages were represented by the 
 thirty lictors of the curiae, whose duty it was to 
 summon the curiae when the meetings actually 
 t'luk place, just as the classes in the comitia cen- 
 I III- lata were summoned by a trumpeter {cornicen or 
 i lii^sicus). Hence, when the comitia curiata were 
 111! J for the inauguration of a fiamcn, for the making 
 of a will, &c., they were called specially the comitia 
 caliita, or " the summoned assembly." 
 
 11. The Comitia Centuriata, or, as they 
 w(>re sometimes called, the comitia majora, were a 
 result of the constitution generally attributed to 
 Servius Tullius, the sixth king of Rome. The ob- 
 ject of this legislator seems to have been to unite 
 in one body the populus or patricians — the old 
 burgesses of the three tribes, and the plehs or pale- 
 burghers — the commonalty who had grown up by 
 their side; and to give the chief weight in the state 
 to wealth and nimibers, rather than to birth and 
 familj- pretensions. With a view to this, he form- 
 ed a plan by virtue of which the people would 
 vote on all important questions according to their 
 equipments when on military service, and accord- 
 ing to the position which they occupied in the 
 great phalanx or anny of the city : in other words, 
 according to their property ; for it was this which 
 enabled them to equip themselves according to the 
 prescribed method. In many of the Greek states 
 the heavy-armed soldiers were identical with the 
 citizens possessing the full franchise; and instances 
 occur in Greek history when the privileged classes 
 have lost their prerogatives, from putting the arras 
 of a full citizen into the hands of the commonalty ; 
 so that the principle which regulated the votes in 
 the state by the arrangement of the army of the 
 state, was not peculiar to the constitution of Scrvius. 
 This arrangement considered the whole state as 
 forming a regular army, with its cavalry, heavy- 
 armed infantry, reserve, carpenters, musicians, and 
 baggage-train. The cavalry included, first, the six 
 equestrian centuries, or the sex mffragia, which 
 
 made up the body of the popidus, and voted by 
 themselves in the comitia curiata; to which were 
 added twelve centuries of plebeian knights, selected 
 from the richest members of the commonalty. The 
 foot-soldiers were organised in the following five 
 classes: — I. Those whose property was at least 
 100,000 asses or pounds' weight of copper. They 
 were equipped in a complete suit of bronze armour. 
 In order to give their wealth and importance its 
 proper political influence, they were reckoned as 
 forming 80 centuries; namely, 40 of young men 
 {juniores) from 17 to 45, and 40 of older men 
 (seniores) of 45 years and upwards. 2. Those 
 whose property was above 75,000 and under 
 100,000 asses, and who were equipped with the 
 wooden scutum instead of the bronze clipeus, but 
 had no coat of mail. They made up 20 centuries, 
 10 oi juniores and 10 of seniores. 3. Those whose 
 property was above 50,000 asses and below 75,000, 
 and who had neither coat of mail nor greaves. 
 They consisted of the same number of centuries as 
 the second class, similarly divided into juniores 
 and seniores. 4. Those whose property was above 
 25,000 asses and below 50,000, and who were 
 armed with the pike and javelin only. This class 
 also contained 20 centuries. 5. Those whose 
 property was between 12,500 and 25,000 asses, 
 and who were anned with slings and darts. They 
 formed 30 centuries. The first four classes com- 
 posed the phalanx ; the fifth class, the light-armed 
 infantry. Those citizens whose property fell short 
 of the qualification for the fifth class, were reckoned 
 as supernumeraries. Of these there were two cen- 
 turies of the accensi and velati, whose propertj' ex- 
 ceeded 1500 asses; one century of the pmhtarii, 
 whose property was under 1500 asses and above 
 375; and one century of the capite-censi, whose 
 property fell short of 375 asses. All these cen- 
 turies were classed according to their property : but 
 besides these, there were three centuries which 
 were classed according to their occupation ; the 
 /'abri or carpenters, attached to the centuries of the 
 first class ; the comicines or horn-blowers, and the 
 tulicines or liticines, the triunpeters, who were 
 reckoned with the fourth class. Thus there would 
 be in all 195 centuries, 18 of cavalry, 140 of 
 heavy infantrv', 30 of light infantry, 4 of reserve 
 and camp-followers, and 3 of smiths and musicians. 
 In voting it was intended to give the first class 
 and the knights a preponderance over the rest 
 of the centuries, and this was effected as we have 
 just mentioned ; for the first class, with the 
 knights and the fabri, amounted to 99 centuries, 
 and the four last classes, with the supeniumeraries 
 and musicians, to 96 centuries, who were thus out- 
 voted hy the others, even though they themselves 
 were unanimous. See the remarkable passage 
 from Cicero (De Repuhlica), most ingeniousl}' re- 
 stored by Niebuhr (i. p. 444). Even if we sup- 
 pose that the fabri were expected to vote rather 
 with the lower classes than with the first class to 
 which they were assigned, the first class, with the 
 knights, would still have a majority of one cen- 
 Xxvcy. The same principle was observed when the 
 army was serving in the field. As the centuries 
 of seniores consisted of persons beyond the miKtary 
 age, i\\e juyiiores alone are to be taken into the ac- 
 count here. The first class sent its 40 centuries 
 of juniores, of which 30 formed the principcs and 
 10 were posted among the triurii, who, as Niebuhr 
 suggests, probably owed their name to the fact 
 
 T 
 
274 
 
 COMITIA. 
 
 COMITIA. 
 
 that they were made up out of all the three heavy- 
 armed classes ; the second and third classes 
 furnished 20 centuries apiece, i. e. twice the num- 
 ber of their junior votes, and 10 from each class 
 stood among the triarii, the rest being Jiastaii with 
 shields ; the fourth class supplied 1 0 centuries, 
 the number of its junior votes, who fonucd the 
 hastuti without shields ; the fifth class furnished 
 30 centuries, twice the number of its junior votes, 
 who formed the 30 centuries of rorarii. To these 
 were added 10 iurmac of cavalrj', or 300 men. 
 This was the division and arrangement of the army 
 as a legion. But when it was necessary to vote in 
 the camp, they would of course revert to the prin- 
 ciples which regulated the division of the classes 
 for the purpose of voting at home, and would re- 
 unite the double contingents. In this way, we 
 have 85 centuries of junior votes, or 90 with the 
 five iinclasscd centuries ; that is to say, we have 
 again 3 X 30, the prevailing number in Roman in- 
 stitutions. Of these, the first class with the fabri 
 fonned 41 centuries, lea\-ing 49 for the other cen- 
 turies ; but with the first class the 1 0 iurmae of 
 the cavalry would also be reckoned as 1 0 centuries, 
 and the first class would have 51, thus exceeding 
 the other moiety by 2. 
 
 Such were the principles of the classification of 
 the centuries, as it has been developed byNiebuhr. 
 Their mmiiia were held in the campus Marlins 
 without the city, where they met as the cxcrcitus 
 urhamis or army of the city ; and, in reference to 
 their military organisation, they were summoned 
 by tlie sound of the horn, and not by the voice of 
 the lictors, as was the case with the comitia curiata. 
 
 On the connection of this division into centuries 
 with the registration of persons and property, see 
 Censors and Census. The general causes of 
 assembling the comitia centuriuta were, to create 
 magistrates, to pass laws, and to decide capital 
 causes when the offence had reference to the whole 
 nation, and not merely to the rights of a particular 
 order. They were summoned by the king, or by 
 the magistrates in the republic who represented 
 some of his fimctions, that is, by the dictator, 
 consids, praetors, and, in the case of creating 
 magistrates, by the intcrrex also. The praetors 
 could only hold the comitia in the absence of the 
 consuls, or, if these were present, oidy with their 
 pennission. The consuls held the comitia for the 
 ap])ointmcnt of their successors, of the praetors, 
 and of the censors. It was necessary that seven- 
 teen days' notice should be given before the 
 comitia were held. This interval was called a 
 irinnndinum, or " the space of three market-days" 
 (tres nundinae, " three ninth-days"), because the 
 country people came to Rome to buy and sell 
 every eighth day, according to our mode of reck- 
 oning, and spent the interval of seven days in the 
 country {reli(/i/is scptcm riira cokbant, Varro, Dc 
 Re Rust. Pmrfui). The first step in holding the 
 comitia was to take the auspices. The presiding 
 officer, accompanied by one of the augurs (aiii/ure 
 adhihito), pitched a tent (tahmiaeulum cepit) with- 
 out the city, for the purpose of observing the 
 auspices. If the tent was not pitched in due 
 fonn, all the proceedings of the comitia were 
 utterly vitiated, and a magistrate elected at them 
 ■was compelled to abdicate liis office, as in the case 
 mentioned by Livy (iv. 7), " Non tamen pro fir- 
 muto stetit magistratus ejus jus: quia tertio mense, 
 quam inierunt, augiu^un decreto, perinde ac vitio 
 
 creati, honore abiere: quia C. Curtius, qui comitiii 
 eorum praef uerat,parum recte tabemaculum cepisset' 
 (compare Cic. Dc Nat. Dcor. ii. 4). The comitia 
 might also be broken off by a tempest ; by the in- 
 tercession of a tribune ; if the standard, which 
 was set up in the janicidum, was taken down ; or 
 if any one was seized with the epilepsy, which 
 was from this circumstance called the morbus 
 coiiiitialis. 
 
 The first step taken at the comitia ccntitriata was 
 for the magistrate who held them to repeat the 
 words of a form of prayer after the augur. Then, 
 in the case of an election, the candidates' names 
 were read, or, in the case of a law or a trial, the 
 proceedings or bills were read by a herald, and 
 different speakers were heard on the subject. The 
 question was put to them with the interrogation, 
 Velitis, jubeatis, Quirites ? Hence the bill was called 
 royatio, and the people were said juhere legem. 
 The form of commencing the poll was : — " Si vobis 
 videtur, discedite, Quirites;" or " Ite in suffragium, 
 bene jurantibus diis, et quae patrcs ccnsuerunt, vos 
 jubete" (Liv. xxxi. 7). The order in which the cen- 
 turies voted was decided by lot; and that which gave 
 its vote first, was called the centuria praerogativa 
 (Liv. V. 18). The rest were called jure vocatae 
 (Liv. xxvii. 6). In ancient times the people 
 were polled, as at our elections, by word of mouth. 
 But at a later period the ballot was introduced by 
 a set of special enactments (the leges iabellariae), 
 having reference to the different objects in voting. 
 These laws are enumerated by Cicero {De Legg. 
 iii. 16. § 35): — " Sunt enim quattuor leges tabel- 
 lariae : quanim prima de magistratibus mandandis; 
 ea est Cabiiiia, lata ab homine ignoto et sordido. 
 Secuta biennio post Cassia est, de popidi judicio, a 
 nobili homine lata L. Cassio, sed (pace familiae 
 dixerim) dissidente a bonis atque omnes rumusculos 
 populari ratione aucupante. Carhonis est tertia, 
 de jubendis legibus et vetandis, seditiosi atque 
 improbi civis, cui ne reditus quidem ad bonos 
 salutem a bonis potuit afferre. Uno in genere 
 rclinqui videbatur vocis suffragium, quod ipse 
 Cassius cxceperat, perduellionis. Dedit huic quoque 
 judicio C. Caelius tabellam, doluitque quoad vixit, 
 se,ut opprimcret C.Popiliura, nocuisse reipublicae." 
 The dates of these four bills for the introduction 
 of ballot at the comitia centuriata are as follow : — 
 1. The Gabinian law, introduced by Gabinius, the 
 tribune, in B.C. 140. 2. The Cassian law, b. c. 
 138. 3. The Papirian law, introduced by C. 
 Papirius Carbo, the tribune, in B. c. 132. 4. The 
 Caelian law, B.C. 108. In voting, the centuries 
 were summoned in order into a boarded inclosure 
 (^septum or ori/c), into which they entered by a 
 narrow passage {pons) slightly raised from the 
 ground. There was probably a dift'crent inclosure 
 for each century, for the Roman authors generally 
 speak of them in the plural. The tabelluc with 
 which they had to ballot were given to tlie citizens 
 at the entrance of the }m7is, by certain persons 
 called diribitorcs; and here intimidation was often 
 practised. If the business of the day were an 
 election, the tubellar had the initials of the candi- 
 dates. If it were the passing or rejection of a 
 law, each voter received two tabcUae: one inscribed 
 //. 7?., i. e. uti rogas, " I vote for the law ;" the 
 other inscribed A., i.e. cndkjuo, " I am for the old 
 law." Most of the terms are given in the follow- 
 ing passage of Cicero (Ad Att. i. 14): — " Quum 
 dies vcnisset ruyationi ex S. C. fercndae, concursa- 
 
COMITIA. 
 
 COMMISSUM. 
 
 275 
 
 mnt bavbatuli juvencs, et populum, ut antiquaret, 
 iigabant. Piso antem consul, fator royu/ionis, 
 dem orat dissuasor. Opprae Clodinae ponks oe- 
 uparant ; tuhdlae ministrabantur, ita ut nulla 
 laretur uti rogas." In the old sj-stcm of poli- 
 ng, each citizen was asked for his vote by an 
 (ifficpr called n»iuior, or " the polling-clerk." (Cic. 
 X>e Dir. i. 1 7, ii". 3"), Dc Nut. Dmr. ii. 4.) Under the 
 )allot system they threw whichever i<ih(dht they 
 jleased into a box at the entrance of the booth, 
 md certain officers, called ciiftudcs, were standing 
 o check off the votes by points (puiicta) marked 
 pn a tiiblet. Hence puiictum is used metaphorically 
 0 signify " a vote," as in Horace {lipint. ii. ii. 
 
 ), " Discedo Alcaeus puiicto illius ;" and we 
 ia\e the metaphor at greater length {Episi. ad 
 I'i^nn. 341—343), 
 
 " Ccnturuic setiiorum agitant expertia frugis ; 
 
 Cclsi praetereunt austera poemata Runmes; 
 
 Omne tulit pundum qui miscuit utile dulci." 
 Tlie iliriliitorcs, ro(iaiorrs, and cuslodcs were 
 'j' lierally friends of the candidates, who voluntarily 
 inidortook these duties. (Cic. in Pis. 15, Post 
 Hi it. in Sctiat. 11.) But Augustus selected 900 
 ot the equestrian order to perform the latter offices. 
 
 The acceptance of a law by the centuriata comi- 
 lif did not acquire full force till after it had been 
 sanctioned by the comitia curiaia., except in the 
 case of a capital offence against the whole nation, 
 when they decided alone. The plebeians origi- 
 nally made their testaments at the comitia ccntvr 
 Tiafa, as the patricians did theirs at the comitia 
 I'liriata; and as the adroi/aiio required a decree of 
 till' curiae, so the adoption of plebeians must have 
 ri'i|iiired adecree of the Cfntiiriac ; and as the lictors 
 ot tlie curiae represented them, so those transac- 
 tiiiiis which required five witnesses were originally 
 prrhaps carried into effect at the comitia ctmturiata, 
 the five classes being represented by these witnesses. 
 (Nicbulir, i. p. 474.) 
 
 III. The Comitia Tributa were not establish- 
 ed till B. c. 491, when the plebs had acquired 
 some considerable influence in the state. They 
 were an assemblj' of the people according to the 
 local tribes, into which the plebs was originally 
 divided : for the plebs or commonalty took its 
 rise from the formation of a domain or territory, 
 and the tribes of the conunonalty or pale-burghers 
 were necessai'ily local, that is, they had regions 
 corresponding to each of them ; therefore, when 
 the territorjr diminished the number of these tribes 
 diminished also. Now, according to Fabius, there 
 were originally 30 tribes of plebeians, that is, as 
 many plebeian tribes as there were patrician curiae. 
 These 30 tribes consisted of four urban and 26 
 rustic tribes. But at the admission of the Crustu- 
 mine tribe there were only 20 of these tribes. So 
 that probably the cession of a third of the territory 
 to Porsena also diminished the number of tribes 
 by one-third. (Niebuhr, i. p. 408 — 411.) It is an 
 ingenious conjecture of Niebuhr's that tlie name 
 of the 30 local tribes was perhaps originally dif- 
 ferent, and that only 1 0 of them were called by the 
 name trilms ; hence, after the diminution of their 
 territory there would be only two tribes, and the 
 two triiuni plehis would represent these two tribes 
 (i. p. 412). 
 
 Such being the nature of the plebeian tribes, no 
 qualification of birth or property was requisite to 
 enable a citizen to vote \a the comitia tributa; 
 whoever belonged to a given region, and was in 
 
 consequence registered in the corresponding tribe, 
 had a vote at these comitia. They were summoned 
 by the trihnvi p/ebis, who were also the presiding 
 magistrates, if the purpose for which they were 
 called was the election of tribunes or aediles ; but 
 consuls or praetors might preside at the comitia 
 tributa, if they were called for the election of other 
 inferior magistrates, such as the quaestor, pro- 
 consul, or propraetor, who were also elected at 
 these comitia. The place of meeting was not fixed. 
 It might be the campus Martins, as in the case of 
 the comitia majora, the /'oru?}t, or the circus Ftami- 
 iiinus. Their judicial functions were confined to 
 cases of lighter importance. They could not de- 
 cide in these referring to capital offences. In their 
 legislative capacity they passed pkbiscita, or " de- 
 crees of the j/lebs," which were originally binding 
 onlj' on themselves. At last, however, the plebis- 
 cita were placed on the same footing with the let/es, 
 by the Leer Ilorteiisia. (B.C. 288), and from this time 
 they could pass whatever legislative enactments 
 they pleased, without or against the authority of 
 the senate. (Gaius, i. 1.) [J. W. D.] 
 
 COMMEA'TUS, a furiough, or leave of absence 
 from the army for a cerUiin time. (Tacit. Atm. xv. 
 10 ; Liv. iii. 46.) If a soldier exceeded the time 
 allowed him, he was punished as a deserter, unless 
 he could show that he had been detained by ill- 
 ness, or some other catise, which absolutely pre- 
 vented his return. (Paulus, Dig. 50. tit. 16. s. 14.) 
 
 COMMENTA'RIUS, or COMMENTA'- 
 RIUM, meant a book of memoirs or memorandum- 
 book, whence the expression Caesaris Commentarii 
 {Hinc Caesar Ubros de bellis a se ffestis commeiita- 
 rios i/iseripsit, quod nudi esseiit omni oriiatu ora- 
 tio7iis, tarifjuam vesfe detracto, Cic. Brutus, c. 75). 
 Hence it is used for a lawyer's brief, the notes of 
 a speech, &c. (Sen. i/i proocm. lib. 3. cjcerp. 
 cojitrov.) 
 
 In the Digest the word commcntariensis fre- 
 quently occurs in the sense of a recorder or regis- 
 trar ; sometimes as Valerius Maxinms (v. 4) uses 
 it, for a registrar of prisoners, in other words, a 
 gaoler (Hesych. et Du Fresne, s. ?■.). A military 
 officer so called is mentioned by Asconius (in Ver. 
 iii. 28), who probably had similar duties. The 
 word is also employed in the sense of a notary 
 or secretary of any sort. 
 
 Most of the religious colleges had books called 
 commentarii, as commentarii uugurum, jmntificum. 
 [Fasti.] [B. J.] 
 
 COMME'RCIUM. [Civitas (Roman).] 
 
 COMMl'SSUM. One sense of this word is 
 that of " forfeited," which apparently is derived 
 from that sense of the verb committere, which is 
 " to commit a crime," or " to do something wrong." 
 Asconius says, that those things are commissa 
 which are either done or omitted to be done by a 
 heres against the will of a testator, and make him 
 subject to a penalty or forfeiture ; thus, commissa 
 hereditas would be an inheritance forfeited for 
 some act of commission or omission. Cicero (Ep. 
 Fam. xiii. 56) speaks of an hypothecated thing 
 becoming commissa ; that is, becoming the abso- 
 lute property of the creditor for default of pay- 
 ment. A thing so forfeited was said in commis- 
 sum incidere or cadere. Commissum was also ap- 
 plied to a thing in respect of which the vectigal 
 was not paid, or a proper return made to the pub- 
 lican!. A tiling thus forfeited {vectigaliu/n nomine) 
 ceased to be the propert)' of the owner, and wasfor- 
 
 T 2 
 
276 COMMUNI DIVIDUNDO ACTIO. 
 
 COMOEDIA. 
 
 feited, under the empire, to the fiseus. (Dig. 39. 
 tit. 4; Suet. Caliq. c. 41.) [G. L.] 
 
 COMMISSO'RIA LEX is the term applied to 
 a clause often inserted in conditions of sale, by 
 which a vendor reserved to himself the privilege of 
 rescinding the sale, if the purchaser did not pay 
 his purchase-money at the time agreed on. The 
 lex commissoria did not make the transaction a 
 conditional purchase ; for in that case, if the pro- 
 perty were placed in the hands of the purchaser, 
 and damaged or destroyed, the loss would be the 
 loss of the vendor, inasmuch as the purchaser, by 
 non-payment of the money at the time agreed on, 
 would fail to perform the condition ; but it was an 
 absolute sale, subject to be rescinded at the plea- 
 sure of the vendor, if the money was not paid at 
 the time agreed on, and consequently if after this 
 agreement the property was in the possession of 
 the vendor, and was lost or destroyed before the 
 day agreed on for pajmient, the loss fell on the pur- 
 chaser. If the vendor intended to take advantage 
 of the lex commissoria, it was necessary that he 
 should declare his intention as soon as the condi- 
 tion was agreed on. If he received or claimed any 
 part of the purchase-money after the day agreed 
 upon, it was held that he thereby waved the 
 advantage of the lex commissoria. [Pkjnus.] 
 (Dig. 18. tit. 3.) [G. L.] 
 
 COMMU'NI DIVIDU'NDO A'CTIO is one 
 of those actiones which are called mixtae, from the 
 circumstance of their being partly in rem and partly 
 in personam; and duplicia judicia, from the circum- 
 stance of both plaintiff and defendant being equally 
 interested in the matter of the suit (Gains, iv. 
 ICO), though the person who instituted the legal 
 proceedings was properly the actor. This action 
 was maintainable between those who were joint 
 owners of a corjMreal thing, which accordingly was 
 called res communis; and it was maintainable 
 whether they were owners ( domini), or had merely 
 a right to the publiciana actio in rem ; and whether 
 they were socii, as in the case of a joint purchase ; 
 or not socii, as in the case of a thing bequeathed to 
 them (le(/ata) by a testament ; but the action 
 could not be maintained in the matter of an 
 hereditas. In this action an account might be 
 taken of any injury done to the common property, 
 or anything expended on it, or any profit received 
 from it, by any of tlie joint owners. Any corporeal 
 thing, as a piece of land, or a slave, might be the 
 subject of this action. 
 
 It seems that division was not generally effected 
 by a sale ; but if there were several things, the 
 judex would adjudicate {adjuilicare) them sever- 
 ally (Gaius, iv. 42) to the several persons, and 
 order (eandcmnare) the party who liad the more 
 valuable thing or things to pay a sum of money to 
 the other by way of equality of partition. It fol- 
 lows from this that the things must have been 
 valued ; and it appears that a sale might be made, 
 for the judex was bound to make partition in the 
 way that was most to the advantage of the joint 
 owners, and in the way in which they agreed that 
 partition should be made ; and it appears that the 
 joint owners might bid for the thing, which was 
 common property, before the judex. If the thing 
 was one and indivisible, it was adjudicated to one 
 of thi^ parties, and he was ordered to pay a fixed 
 sura of money to the other or others of the parties. 
 This action, and that of familiae erciscundac, bear 
 some resemblance to the now abolished Englisli wi'it 
 
 of partition, and to the bill in equity for partition. 
 (Dig. 10. tit. 3; Cic. JSp. Fam. vii. 12; Bracton, 
 V. c. 33.) [G. L.] 
 
 COMMODA'TUM is one of those obligationes 
 which are contracted re. He who lends to another 
 a thing, for a definite time, to be enjoyed and used 
 under certain conditions, without any pay or re- 
 ward, is called commodans; the person who receives 
 the thing is called commodatarius ; and the contract 
 is called commodatum. It is distingiushed from 
 mutuum in this, that the thing lent is not one of 
 those things qiuic pn/idere, niimcro, mcnsurave em- 
 sta?it, as wine, com, &c. ; and the thing commodata 
 does not become the property of the receiver, wlio 
 is therefore bound to restore the same thing. It 
 differs from locatio et conductio in this, that the 
 use of the thing is gratuitous. The commodatarius 
 is liable to the actio commodati, if he does not re- 
 store the thing ; and he is bound to make good all 
 injury which befalls the thing while it is in his 
 possession, provided it be such injury as a careful 
 person could have prevented, or pro\'ided it be any 
 injury which the thing has sustained in being used 
 contrary to the conditions or purpose of the lend- 
 ing. In some cases the commodatarius had an 
 actio contraria against the commodans, who was 
 liable for any injury sustained by the commodata- 
 rius through his dolus, or culpa ; as, for instance, 
 if he knowingly lent him bad vessels, and the wine 
 or oil of the commodatarius was thereby lost or in- 
 jured. (Dig. 13. tit. 6 ; Instit. iii. 14. 2.) [G. L.] 
 COMOEDIA (/ccofi^Si'a), a branch of dramatic 
 poetry, which originated in Greece, and passed 
 from thence into Italy. 
 
 I. Greek Comedy, like Greek tragedy, arose 
 from the worship of Bacchus ; but comedy sprang 
 from a more ancient and purer part of Bacchic 
 worship than tragedy. A band of Bacchic revel- 
 lers naturally formed a conuts (KWfios) ; their song 
 or hymn was properly a K(ofi(fiSla or " comus-song," 
 and it was not till a comparatively late period that 
 the Bacchic ode or dithyramb was pcrfonued by a 
 regular chorus. From this regular chorus the 
 Tragedy of Greece arose [Chorus] ; and to the 
 old comus of the Bacchic or phallic revellers we 
 may assign the origin of comedy. It is trae that 
 Aristotle derives comedy from KwfiTi, " a village ;" 
 so that KcojuwSi'a is "• the village song but this 
 et_>^Ilology, like so many others proposed by Greek 
 authors, is altogether inadmissible, however much 
 it may be in accordance with the fact that the Bac- 
 chic comus did go about from village to village — it 
 was a village or country amusement ; but it is clear 
 from the manner in which Athenian writers speak 
 of this Baccliic procession, that it was a comus ; 
 thus in an old law, quoted by Demosthenes (c. Mid. 
 p. 517), 'O Kc5|Uor/col ol kw.uijjSoJ, and Aristophanes 
 (j ('/<«/•». 263) *ix\i)y, ETQipe BaKX'oy, ^vyKwfif. 
 and as the tragedy sprang from the recitations of 
 the leaders (ol f^dpxovTes) in the dithyramb, so 
 this comus-song, as a branch of dramatic poetry, 
 seems to be due to analogous effusions of the 
 leaders in the phallic comus ; and thus Antlieas 
 the Lindian, according to Athenaeus (p. 445 B.), 
 Kal Kwfj.(i>Stai eTTot'ei koI dWa woWd iv TovTf 
 Tif Tp6TT<f> rwv iroiy)ixa,T(i>v, a e^vpx^ '^'^^^ (Cter' ainov 
 
 This branch of Greek drama was first cultivated 
 by the Icarians, the inhabitants of a little village 
 in Attica, which claimed to have been the first to 
 receive the worship of Bacchus in that part of 
 
COMOEDIA. 
 
 COMOEDIA. 
 
 27" 
 
 (Ireece: and Susarion, a native of Tripodiscus in 
 ^tcgaris, was the first to win the prize, — a basket 
 lit figs and a jar of wine, — which was given to 
 liiin as the successful leader of a coinus of Icarian 
 "glee-singers" (TpvyaiSo't), so called because they 
 smeared their faces with the lees of wine; a rude 
 disguise, which was sometimes substituted for the 
 mask worn by the KUfj.i;i5ot, when they afterwards 
 assumed the form of a regular chorus. The Do- 
 rians of Meg;ira seem to have been from the first 
 distinguished for a vein of coarse jocularity, which 
 naturally gave a peculiar turn to the witticisms of 
 the comus among them ; and thus we find tliat 
 comedy, in the old sense of the word, first came 
 into being amtfng the Megarians and their Sicilian 
 colonists. (See Meineke Hist Crit. Com. Oi: p. 20, 
 &c.) Susarion flourished in the time of Solon, a 
 little before Tliespis, but he seems to have stood 
 I quite alone ; and indeed it is not likely that co- 
 ; niedy, with its bold spirit of caricature, could have 
 thriven much during the despotism of the Peisis- 
 tratidae, which followed so close upon the time of 
 Susarion. The very same causes which might have 
 induced Peisistratus to encourage tragedy, would 
 operate to the prevention of comedy ; and in fact 
 we find that comedy did not thoroughly establish 
 itself at Athens till after the democratical element 
 in the state had completely asserted its pre-emi- 
 nence over the old aristocratic princij>les, namel}', 
 in the time of Pericles. The first of the Attic co- 
 iiii.'dians, Chionides, Ecphantides, and iVIagnes, 
 tioiu'ished about the time of the Persian war ; and 
 were followed, after an interval of thirty years, by 
 C'ratinus, Eupolis, and Aristophanes, whom Horace 
 justly mentions as the greatest authors of the 
 comedy of caricature (Suf. i iv. 1 — 5). This 
 branch of comedy seems to have been the natural 
 descendant of the satiric iambography of Archi- 
 lochus and others : it was a combination of the 
 iand)ic lampoon with the comus, in the same way 
 ' as tragedy was a union of the epic rhapsody with 
 j the dithyrambic chorus. This old comedy ended 
 with Aristophanes, whose last productions are very 
 I different from his early ones, and approximate ra- 
 I ther to the middle Attic comedy, which seems to 
 I have sprung naturally from the old, when the free 
 democratic spirit which had fostered its prede- 
 cessor, was broken and quenched by the events 
 : which followed the Peloponnesian war, and when 
 ' the people of Athens were no longer capable of 
 enjoying the wild licence of political and personal 
 i, caricature. The middle Attic comedy was em- 
 i. ployed rather about criticisms of philosophical and 
 ' literary pretenders, and censures of the foibles 
 I and follies of the whole classes and orders of men, 
 than about the personal caricature which fomied 
 the staple of the old comedy. The writers of the 
 middle comedy flourished between B.C. 380 and the 
 |, time of Alexander the Great, when a third branch 
 .' of comedy arose, and was carried to the greatest 
 perfection by Menander and Philemon. The co- 
 medy of these writers, or the- new comedy, as it is 
 called, went a step farther than its immediate fore- ; 
 nmner : instead of criticising some class and order 
 of men, it took for its object mankind in general ; 
 It was in fact a comedy of manners, or a comedy of i 
 c/iarader, like that of Farquhar and Congreve ; the i 
 object of the poet was, by some ingeniously con- 
 trived plot, and well-imagined situations, to repre- i 
 sent, as nearly as possible, the life of Athens as it 
 went on around him in its every day routine ; | 
 
 1 hence the well-known hyperbole addressed to the 
 ; greatest of the new comedians : — - 
 I <L MfvavSpf KoL file, 
 
 iroTepos ap'' vixmv ■norepov ku.ifi-^<TaTO. 
 The middle and new comedy, though approaching 
 much more nearly to what we understand by the 
 name mnmJy, could scarcely be called by the name 
 KM/xajSta with any strict regard to the original mean- 
 ing of the word ; they had nothing in them akin to 
 the old revelry of the Ki/xos : in fact, they had not 
 even the comic choms, which had succeeded and 
 superseded the kcu/xos, but only marked the inter- 
 vals between the acts by some musical voluntary 
 or interlude. It belongs to a history of Greek 
 literature, and not to a work of this nature, to 
 point out the various steps by which Attic comedy 
 passed from its original boisterous and almost 
 drunken merriment, with its personal invective 
 and extravagant indecency, to the calm and re- 
 fined rhetoric of Philemon, and the decent and 
 good-tempered Epicureanism of Menander ; still 
 less can we enter here upon the literary charac- 
 teristics of the different writers whose peculiar 
 tendencies had so much influence on the progres- 
 sive developement of this branch of the drama. It 
 is sufficient for onr purpose to point out generally 
 the nature of Greek comedy, as we have done 
 above, and to enable tlie student to discriminate 
 accurately between the outward features of Greek 
 comedy and tragedy. 
 
 The dance of the comic chorus was called the 
 Kopda^, and was of the most indecent description ; 
 the gestures, and indeed the costumes, of the cho- 
 reutae, were such that even the Athenians consi- 
 dered it justifiable only at the festival of Bacchus, 
 when every one was allowed to be drunk in honour 
 of the god ; for if an Athenian citizen danced the 
 cordax sober and unmasked, he was looked upon 
 as the most shameless of men, and forfeited alto- 
 gether his character for respectability. (Theophrast. 
 Chariwt. 6.) Aristophanes himself, who did not 
 much scruple at violating common decency, claims 
 some merit for his omission of the conJaa' in the 
 Clouds, and for the more modest attire of his chorus 
 in that play (v. 537, &c.). According to Athe- 
 naeus (p. GHO D.), the cordax was a sort of hi/por- 
 cliome, or imitative dance, in which the choreutae 
 expressed the words of the song by merry gesticu- 
 lations. (Comp. Athenaeus, p. 21 d.) Such a 
 dance was the hyporcheme of the Spartan deice- 
 lidac ; a sort of merry-andrews, whose peculiar 
 mimic gestures seem to have formed the basis of 
 the Dorian comedy, which prevailed, as we have 
 seen, in Megaris, and which probably was the 
 parent stock not only of the Attic, but also of the 
 Sicilian and Italian comedy. 
 
 The comic chorus consisted of twenty-four per- 
 sons, i. e. of half the number of the full tragic 
 chorus ; and as the comedians did not exhibit with 
 tetralogies, as the tragedians did, this moiety ap- 
 peared on the stage undivided ; so that a comedy 
 had in this respect a considerable advantage over 
 a tragedy. The chorus entered the stage in rows 
 of six, and singing the jxiroJvs as in tragedy ; but 
 the parodos was generally short, and the stasiina 
 still less important and considerable. The most 
 important business of the chorus in the old comedy 
 was to deliver the parabasis, or address to the au- 
 dience. In this the choms turned round from its 
 usual position between the tluimele and the stage, 
 where the choreutae stood v/ith their faces turned 
 
278 
 
 COMOEDIA. 
 
 COMOEDIA. 
 
 towards the actors, and made an evolution so as 
 to pass to the other side of the thyitufle. Here 
 they stood with their faces turned towards the 
 spectators, and addressed them in a long series of 
 anapaestic tetrameters, generally speaking in the 
 name of the comic poet himself. When the para- 
 Lasis was complete, it consisted of, 1. The Koix^ia- 
 Tiov, a short introduction in trochaic or anapaestic 
 verse. 2. A long system of anapaestic tetrameters, 
 called the irv7yos, or the {xaKpov. 3. A lyrical 
 strophe, generally in praise of some divinity. 4. 
 The impprifxa, consisting, according to the rule, of 
 sixteen trochaic verses, in which the chorus in- 
 dulged in witticisms directed against some indi- 
 vidual, or even against the public in general. The 
 pandiasis, though a good deal refined by the better 
 taste of Aristophanes, retained much of the abusive 
 scurrility of the old rustic comus ; so that we may 
 regard it as the only living representative of the 
 old waggon-jests of the phallic procession in which 
 comedy originated, and as the t)-pe of that predo- 
 minant element in the old comedy which the 
 Roman satirist Lucilius made the object of his 
 imitation. 
 
 II. Italian Comedy may be traced, in the first 
 instance, to the rude efforts of the Dorian comus in 
 Sicily. It has been shown by Milller [Hist. Lit. 
 Gr. c. XXIX. § 4), that even the Oscan farces, 
 caUed the fahidae Atcllanae, which passed from 
 Campania to Rome, may be traced to a Dorian 
 origin, as the names of some of the standing masks 
 in these farces, such as Pa])j)iis, Maccus, and 
 Simiis, are clearly Greek names. The more com- 
 plete developement of the Sicilian comedy by Epi- 
 chamius, appears to have paved the way for the 
 establishment of a more regular comic drama in 
 Italy. Imitations of Epicharmus seem to have 
 been common among the cities of Magna Graecia ; 
 and so early as B. c. 240, Livius Andronicus ex- 
 hibited at Rome translations or adaptations of 
 Greek comedies, in which he did not attempt to 
 obliterate the traces of their Greek origin : on the 
 contrary, from first to last most of the Latin come- 
 dies were professedly Greek in aU their circum- 
 stances ; and the translators, or imitators, though 
 many of them were men of great genius, did not 
 hesitate to speak of themselves as barlari in com- 
 parison with their Greek masters, and called Italy 
 barbaria, in comparison with Athens. (See Festus, 
 pp. 3C. 372. ed. Midler.) The Latin comedians, 
 of whom we can judge for ourselves, namely, Plau- 
 tus and Terence, took their models chiefly from the 
 new comedy of Greece. The latter, as far as we 
 know, never imitated any other branch of Greek 
 comedy. But Plautus, though he chiefly follows 
 the poets of the middle or new comedy, sometimes 
 approximates more nearly to the Sicilian comedy 
 of Epichannus, or to the iKapoTpaycuSia of Rhinthon 
 and others. It is doubtful whether the Amphitryo, 
 which Plautus himself tenns a tnti/ko-comuedia, is 
 an imitation of Rhinthon or of Epicharmus. That 
 Plautus did imitate Epicharmus is clear from the 
 words of Horace {Ejiiit. u. i. 58) : " Dicitur . . . . 
 Plautus ad exemplar Sicili properare Epicharmi ;" 
 and A. W. Schlegel would infer from this passage 
 alone that the AmpMlri/o was borrowed from some 
 play by Epichamms, who, as is well known, com- 
 posed comedies on mythical subjects like that of 
 the Amphitryn of Plautus. 
 
 Although Roman comedy, as far as it has come 
 down to us, is cast entirely in a Greek mould, the 
 
 Romans had authors who endeavoured to bring 
 forward these foreign comedies in a dress more 
 Roman than Grecian. Comedies thus constructed 
 were called fahuhie toyatae (from the Roman garb, 
 the toga, which was worn by the actors in it), as 
 opposed to ihe/uJjulae palliatae, or comedies repre- 
 sented in the Greek costume. From the words of 
 Horace in the passage referred to above, it is suf- 
 ficiently obvious that the fabtila togata was only an 
 imitation of the Greek new comedy clothed in a 
 Latin dress : " Dicitur Afrani toga convenisse Me- 
 nandro" (Hor. Epist. ii. i. 57). Not that the 
 writers of these comedies absolutely translated 
 Menander or Philemon, like Plautus and Terence ; 
 the argument or story seems to have' been Roman, 
 and it was onlj' in the method and plan that they 
 made the Greek comedians their model. For this 
 also we have Horace's testimony (Epht. ad Fisou. 
 285, &c.) :— 
 
 " Nil intentatum nostri liquere poetae : 
 Nec minimum meruere decus, i-estigia G}-aeca 
 Ausi dcserere, et celcbrare domestica facta, 
 Vel qui praetexias, vel qui docuere iogatas." 
 
 The praetextata fahula alluded to here, was a sort 
 
 of history. 
 
 The praetextata merely bore resemblance to a 
 tragedy — it represented the deeds of Roman kings 
 and generals ; and hence it is evident that at least 
 it wanted the unity of time of a Greek tragedy — 
 that it was a history, like Shakspeare's." (Niebuhr, 
 Hist, of Ronic, vol. i. p. 511, 2.) The grammarians 
 sometimes speak of the praetextata as a kind of 
 comedy, which it certainly was not. The clearest 
 statement is that of Euanthius(rfe/</6ii/(():— " Illud 
 vero tenendum est, post vkav K(i3fi(jiZiav Latinos 
 multa fabulainun genera protulisse : ut togaias, a 
 scaenicis atque argumentis Latinis ; practextatas, 
 ab dignitate personarum et Latina historia ; Atd- 
 lunas, a civitate Campaniae, ubi actae sunt plu- 
 rimae; RItinthonicas, ab auctoris nomine; tcdicr- 
 iiarias, ab humilitiite argumenti et styli ; mimos, ab 
 diutuma imitatione rerum et levium personarmu." 
 But even here there is a want of discrimination ; 
 for the minms was entirely Greek, as the name 
 shows, the Latin style corresponding to it was the 
 planipes. Hermann {Opuscula, v. p. 260) has 
 proposed the following classification of Roman 
 plaj's, according as they strictly followed or devi- 
 ated from their Greek models : — • 
 Argumentum. 
 Graecum. Romanum. 
 Crcpidata {rpaycfZla), Praetextata. 
 Palliata (Ktt>fiif>5ia), Togata, cujus alia trahe- 
 
 ata, alia tabernaria. 
 Satyrica {(rdrvpoi), Atellana. 
 Mimus {fjufios), Plaitipyes. 
 Neukirch (Z>c Fahula Romaiiorum togata, p. 58) 
 gives a wider extent to Roman comedy, so that it 
 includes all the other species of drama, with the 
 exception of the crcpitlata and the praetcxta. 
 I. Graeci argu.menti. 
 
 1 . Comoedia sive jxilliuta, quae proprie dicitur. 
 
 2. Tragico-comoedia sive Rldntlionica, Graecis, 
 lAapoTpaywSia, sive 'IraKiK-ij KaficfS'ia. 
 
 3. Mimus, qui proprie dicitur. 
 
 II. Latini argumenti. 
 
 1. Traheata. 
 
 2. Togata quae proprie dicitur, sive tahernaria. 
 
 3. Atellana. 
 
 4. Planipcdiu, sive planipedaria, sive planipes 
 (riciniata). 
 
COMPITALIA. 
 
 And he places the satirical drama in a third class 
 by itself. It is very difficult to come to any cer- 
 tain conclusion on tliis subject, which is involved 
 in considerable obscurity ; the want of materials 
 to enable us to form a judgment for ourselves, 
 and the confusions and contradictions of the scho- 
 liasts and other grammarians who have written 
 upon it, leave the classification of Roman comedies 
 in great uncertiiinty, and we must rest content 
 with some such approximations as those which are 
 here given. [J. W. D.] 
 
 Kn"M02. [CoMOEDiA, p. 276; CiioRUS,p.22o.] 
 CUMPENSA'TIO is defined by Modestinus to 
 be ddHti ct erediii inter se contributio. Compen- 
 satio, as the etjTiiology of the word shows {pc?i(l-n), ' 
 is the act of making things equivalent. A person [ 
 who was sued, might answer his creditor's demand, 
 who was also his debtor, by an offer of compen- 1 
 satio (sj paratus est ajnipoiaarc) ; which in ctl'ect ' 
 was an otfer to pay the difference, if any, which 
 should appear on taking the account. The object 
 of the compensatio was to prevent unnecessary 
 suits and payments, by ascertaining to which party 
 a balance was due. Originally compensatio only 
 tii(ik place in bonae fidei judiciis, and ex eadem 
 causa; but by a rescript of M. Aurelius there could 
 lir compensatio in stricti juris judiciis, and ex dis- 
 pari causa. When a person made a demand in 
 right of another, as a tutor in right of his pupillus, 
 the debtor could not have compensatio in respect 
 of a debt due to hiin fi'om the tutor on his own 
 account. A fidejussor (suret}') who was called 
 upon to pay his principal's debt, might have com- 
 pensatio, either in respect of a debt due by the 
 claimant to himself or to his principal. It was a 
 nile of Roman law that there could be no compen- 
 satio where the demand could be answered by an 
 cxceptio peremptoria ; for the compensatio admitted 
 the demand, subject to the proper deduction, 
 whereas the object of the exceptio was to state 
 something in bar of the demand. Set-oft' in Eng- 
 hsh law, and compensation in Scotch law, cori'e- 
 spond to compensatio. (Dig. KJ. tit. "2.) [G. L.] 
 COMPITA'LIA, also called LUDI COMPI- 
 TALICII, was a festival celebrated once a year in 
 honour of the lares compitales, to wlioni sacrifices 
 were oft'ered at the places where two or more ways 
 met (Compitalia, dies attrihutus larihus compitalUms ; 
 ideo ubi viae competunt,tum in coinpelis sucrificdur. 
 Quotayinis is dies concipiiur, Varro, L>u Liny. Lat. 
 vi. 25. ed. Miiller ; Festus, s. v.) This festival is 
 said by some writers to have been instituted by 
 Tarquinius Priscus in consequence of the miracle 
 attending the birth of Servius TuUius, who was 
 supposed to be the son of a lar famiharis. (Plin. 
 H. N. xxxvi. 70.) ^Ve learn from iSIacrobius 
 {Saturn, i. 7 ) that the celebration of the compitalia 
 was restored by Tarquinius Superbus, who sacri- 
 ficed boys to Mania the mother of the lares ; but 
 this practice was changed after the expulsion of 
 the Tarquins, and garlic and poppies oft'ered in 
 their stead. In the time of Augustus, the ludi 
 compitalicii had gone out of fashion, but were re- 
 stored by him (Suet. ^;i</. 31.) 
 
 The compitalia belonged to the fcriae coneep- 
 iivae, that is, festivals which were celebrated on 
 days appointed annually by the magistrates or 
 priests. The exact day on which this festival was 
 celebrated, appears to have varied, though it was 
 always in the winter. Dionysius (iv. p. 21!)) says 
 that it was celebrated a few days after the Satur- 
 
 CONCUBINA (GREEK). 279 
 
 iialia, and Cicero (in Pison. c. 4) that it fell on 
 the Kalends of January (the old editions read iii. 
 Kal. Jan.); but in one of his letters to Atticus 
 (vii. 7) he speaks of it as fidlingon the fimrth before 
 the nones of January. The exact words, jn which 
 the announcement of the day on which the com- 
 pitalia was to be kept, are preserved by Macrobius 
 {Saturn, i. 4) and Aulas Gellius (x. 24) : — 
 Die • NoNi • (i. e. nonn) Popolo • Romano • 
 QuiRiTiBus • Compitalia • Erlnt • Quando • 
 CoNCEPTA • F()\'ERINT ' (or fucrint) Nefas. 
 
 COMPLU'VIUiM. [IIou.se.] 
 
 CONCHA {K6yxn)i a Greek and Roman liquid 
 measure, of which there were two sizes. The 
 smaller was half the cyathus ( = "0412 of a pint 
 English) ; the larger, which was the same as tlie 
 oxybaphum, was three times the fimncr ( = *1238 
 of a pint). (Hussey, p. 207. 209 ; Wurm, p. 
 129.) [P. S.] 
 
 CONCILIA'BULUM. [Colonia.] 
 
 CONCUBI'NA (GREEK). The 7ra\AaK?f, or 
 iraKKaKis, occupied at Athens a kind of middle 
 rank between the wife and the harlot {iraipa). 
 Tlie distinction between the eraipa, iraWaK-q, and 
 legal wife, is accurately described by Demosthenes 
 {c. Nmer. p. 138()), Ttis fxku yap erotpas -jSovTjs 
 ecEK' ix^h^"' '^^■^ 2^ iraKKaKols, Tijs Ka6' t^/j-epav 
 depaire'ias tov awjxaTos : rds Si yvvaiKas, tov 
 TraiSoTroe7(T6ai yvriaias Kal rwv evSov <pv\aica 
 iricTTTiv e'x^^". Thus Antiphon speaks of the iraK- 
 AaKrj of Philoneos as following him to the sacri- 
 fice {Ace. de Venef. p. 013), and also waiting upon 
 him and his guest at table {Id. p. 014). See 
 Becker, Charildes, vol. ii. p. 438. If her per- 
 son were violated by force, the same penalty was 
 exigible from the ravisher as if the oiTence had 
 been committed upon an Attic matron ; and a man 
 surprised by the quasi-husband in the act of crimi- 
 nal intercourse with his iraWaKr), might be slain 
 by him on the spot, as in the ])arallel case (L3'sias, 
 I)e CWdc Eratustk. p. 95). [Adulterium.] It 
 does not, however, appear very clearly from what 
 political classes concubines were chiefly selected, 
 as cohabitation with a foreign (Itv?)) woman was 
 strictly forbiilden by law (Demosth. c. Neacr. 
 1350), and the provisions made by the state for 
 virgins of Attic families must in most cases have 
 prevented their sinking to this condition. Some- 
 times certainly, where there were several destitute 
 female orphans, this might take place, as the next 
 of kin was not obliged to provide for more than 
 one ; and we may also conceive the same to have 
 taken place with respect to the daughters of fami- 
 lies so poor as to be unable to supply a dowry. 
 (Demosth. c. Neaer. 1384; Plant. Trinummus, iii. 
 ii. 63.) The dowry, in fiict, seems to have been a 
 decisive criterion as to whether the connection be- 
 tween a male and female Athenian, in a state of 
 cohabitation, amounted to a marriage : if no dowry 
 had been given, the child of such union would be 
 illegitimate ; if, on the contrary, a dowry had 
 been given, or a proper instrument executed in 
 acknowledgment of its receipt, the female was 
 fuUy entitled to all conjugal rights. (Petit. Leg. 
 Att. 548, and authors there quoted.) It does 
 not appear that the slave that was taken to her 
 master's bed acquired any political rights in conse- 
 quence; the concubine mentioned by Antiphon 
 {Aa: de Venef.) is treated as a slave by her master, 
 and after his death undergoes a servile punish- 
 ment {Id. p. 615). ['ETAI'PA.] [J. S. M.] 
 
280 CONDITORIUM. 
 
 CONFESSORIA ACTIO. 
 
 CONCUBI'NA (ROMAN). According to 
 an old definition, an unmarried woman who co- 
 habited with a man was originally called pellex, 
 but afterwards by the more decent appella- 
 tion of concubina. (Massurius, aj). Paul. ; Dig. 50. 
 tit. 16; s. 144.) This remark has apparently 
 reference to the Lex Julia et Papia Poppaea, by 
 which the concubinatus received a legal character. 
 This legal concubinatus consisted in the pemanent 
 cohabitation of an unmarried man with an unmar- 
 ried woman. It therefore differed from adulterium, 
 stuprum, and incestus, which were legal offences ; 
 and from contubemium, which was the cohabita- 
 tion of a free man with a slave, or the cohabitation 
 of a male and female slave, between whom there 
 could be no Roman marriage. Before the passing 
 of the Lex Jul. et P. P., the name of concubina 
 would have applied to a woman who cohabited 
 with a married man, who had not divorced his 
 first wife (Cic. De Orat. i. 40) ; but this was not 
 the state of legal concubinage which was afterwards 
 established. The offence of stuprum was avoided 
 in the case of the cohabitation of a free man and 
 an ingenua by this permissive concubinage ; but it 
 would seem to be a necessary inference that there 
 should be some formal declaration of the intention 
 of the parties, in order that there might be no 
 stuprum. (Dig. 48. tit. 5. s. 34.) Heineccius 
 {Sytitag. Ap. lib. i. 39) denies that an ingenua 
 could be a concubina, and asserts that those only 
 could be concubinae who could not be uxores ; but 
 this appears to be a mistake (Dig. "25. tit. 5. s. 3), 
 or perhaps it may be said that there was a legal 
 doubt on this subject {Id. s. 1). It seems probable, 
 however, that such unions were not often made 
 with ingenuae. 
 
 This concubinage was not a marriage, nor were 
 the children of such marriage, who were sometimes 
 called liberi naturales, in the power of their father. 
 Still it established certain legal relations between 
 the two persons who lived in concubinage and 
 their children. Under the Christian emperors con- 
 cubinage was not favoured, but it still existed, as 
 we see from the legislation of Justinian. 
 
 This legal concubinage should not be confounded 
 with illicit cohabitation. It rather resembled the 
 morganatic marriage {ad niorganaticam), in which 
 neither the wife enjoys the rank of the husband, 
 nor the children the rights of children by a legal 
 marriage. {Lib. Feud. ii. 29.) Thus it appears 
 that among the Romans, widowers who had already 
 children, and did not wish to contract another 
 legal marriage, might take a concubina, as we see 
 in the case of Vespasian (Suet. Vesp. 3), Anto- 
 ninus Pius, and M. Aurelius (Jul. Cap. Vit. Ant. 
 c. 8 ; Aurel. c. 29 ; Dig. 25. tit. 7 ; Cod. v. tit. 26 ; 
 Paulus, Recept. Sentent. ii. tit. 19.20; Nov. 18. 
 c. 5 ; 89. c. 12.) [G. L.] 
 
 CONDEMNA'TIO. [Actio, p. 10.] 
 
 CONDI'CTIO. lAcTio, p. 7.] 
 
 CONDITO'RIUM, in its general acceptation, 
 means a place in which property of any kind is 
 deposited — uhi quid conditum est — tlius cmdito- 
 rimn muralimn turmentorum (Amni. Marc, xviii. 
 9 ) is a magazine for the reception of a battering- 
 train, when not in active service. But the word 
 came afterwards to be applied more strictly as a 
 repository for the dead. 
 
 In the earlier ages of Greek and Roman history 
 the body was consumed by fire after death 
 [Bu.stum], the ashes only receiving sepulture ; 
 
 and as there could be no danger of infection from 
 these, the sepulchres which received them were 
 all above ground. (Salmas. Eaercit. Plinian. p. 
 849.) But subsequently, when tliis practice fell 
 into partial or entire disuse, it became necessary to 
 inter {humare) the dead, or bury them in vaults 
 or chambers under groimd ; and then the word 
 conditorium , or conditivum (Scnec. Ep. 60), was 
 adopted, to express that class of sepulchres to 
 which dead bodies were consigned entire, in 
 contradistinction to those which contained the 
 bones and ashes only. It is so used by Petronius 
 {Sat. cxi. 2. 7 ; cxii. 3) for the tomb in which the 
 husband of the Ephesian matron was laid ; by 
 Pliny {H. N. vii. 16), for the vault, where the 
 ■body of a person of gigantic stature was preserved 
 entire ; and by Quintilian {Dcclani. 8. p. 119. cd. 
 Varior.) for the chamber in which a dead body is 
 laid out, " cubiculum conditorium mortis tuae." 
 In a single passage of Pliny {Ep. vi. 10) it is 
 synonymous with moinmcritum, and in an incrip- 
 tion {ap. Gnit. p. 1134. 6), " ollas vi. minores in 
 avito conditorio," the mention of the cinerary 
 oUa indicates that the tomb alluded to was of the 
 kind caUed columbarium. [Columbarium.] The 
 corresponding word in Greek is vird-yiuov, or 
 VTSo-y^iov (Hesych.), hjpogeum. (Petron.Sa^ cxi. 2). 
 
 Conditorium is also used for the coflin in which 
 a body was placed when consigned to the tomb ; 
 and when used, the same distinction is implied. 
 (Suet. Aiiij. 18 ; Plin. H.N. xxxvii. 7 ; Petron. 
 Sat. cxii. 8 ; compare Strab. xvii. 8. To trtS/iO 
 ToC 'AAeloi/Spou KOf^'iaas 6 IlToAejiiaios e/oiSeutrci' 
 ev Tf 'AAe^avSfieia, oirov vvv 6T( KelVar ov fir)V ev 
 Trj avrrj TrueAot'.) [A. R.] 
 
 ' CGNFARREA'TIO. [Marriage.] 
 
 CONFESSO'RIA ACTIO is an actio in rem 
 (Gaius, iv. 3), by which a person claims a jus ui 
 re, such as the use and enjoyment {usus frudus) 
 of a thing, or claims some servitus {jus eundi, 
 agendi, &c.). The actio negatoria or negativa, is 
 that in which a person disputes a jus in re which 
 another claims and attempts to exercise. 
 
 If several persons claimed a servitus, each might 
 bring his action ; if several claimed as fructuarii, 
 they must join in the action. None but the owner 
 of the property, to which the servitus was alleged 
 to be due, could maintain a directa actio for it. 
 The condemnatio in the actio confessoria was adapt- 
 ed to secure to the fructuarius his enjoyment of 
 the tiling if he proved his right ; and to secure the 
 servitus if the plaintiff' made out his claim to it. 
 
 The negatoria actio was that which the owner of 
 a thing had against a person who claimed a servi- 
 tus in it, and at the same time endeavoured to ex- 
 ercise it. The object of this action was to prevent 
 the defendant from exercising his alleged right, 
 and to obtain security {cautio) against future 
 attempts, which security it was competent for the 
 judex to require. But this action was extended to 
 the getting rid of a nuisance ; as if a man put a 
 heap of dung against your wall so as to make it 
 damp ; or a neighbour's wall bellied out half a foot 
 or more into your premises ; or tlie wind blew one 
 of his trees so as to make it hang over your gromid ; 
 or a man cut stones on his own land so that the 
 pieces fell on yours — in all such cases you had 
 a negatoria actio, in which you declared jus ei non 
 esse, &c., according to the circumstances of the 
 case. (Dig. 8. tit. 5 ; Brissonius, De Furmnlii..) 
 
 [G. L.] 
 
CONFUSIO. 
 
 CONGIUS. 
 
 281 
 
 CONFU'SIO properly signifies the mixing of 
 liquids, or the fusing of metals into one mass. If 
 things of the same or of different kind were con- 
 fused, either by the consent of both owners or by 
 accident, the compound was the property of both. 
 If the confusio was caused by one, without the 
 consent of the other, the compound was only joint 
 property in case the things were of the same kind, 
 and perhaps (we may conjecture) of the same 
 quality, as, for instance, wines of the same quality. 
 If the things were diii'erent, so that the compound 
 was a new thing, this was a case of what, by mo- 
 dem writers, is called specification, which the Ro- 
 man writers expressed by the term novam speciem 
 facere, as if a man made mulsum out of his own 
 wine and his neighbour's honey. In such a case 
 the person who caused the confusio became the 
 owner of the compound, but he was bound to make 
 ■^mtd to the other the value of his property. 
 
 Commixtio applies to cases such as mixing to- 
 gether two heaps of corn ; but this is not an in- 
 stance in which either party acquires property by 
 the commixtio. For if the mixture takes place, 
 either accidentally or with mutual consent, or by 
 the act of one alone, in all these cases the property 
 of each person continues as before ; for in all these 
 cases it is capable of separation. A case of com- 
 mixtio arises when a man's money is paid, with- 
 out his knowledge and consent, and the money, 
 when paid, is so mixed with other money that it 
 cannot be recognised ; otherwise, it remains the 
 property of the person to whom it belonged. 
 
 The title confusio does not properly compre- 
 hend the various modes of acquisitio which arise 
 from two pieces of property belonging to diiferent 
 persons being materially united ; but still it may 
 be convenient to enumerate under this head the 
 various modes of acquisitio which belong to the 
 general head of AccEssio. 
 
 Specification (which is not a Roman word) took 
 place when a man made a new thing (nova species) 
 either out of his own and his neighbour's material, 
 or out of his own simply. In the fonner case such 
 man acquired the ownership of the tiling. In the 
 latter case, if the thing could be brought back to 
 the rough material (which is obviously possible in 
 very few cases), it still belonged to the original 
 owner, but the specificator had a right to retain 
 the thing till he was paid the value of his labour, 
 if he had acted bona fide. If the new species 
 could not be brought back to its original fonn, the 
 specificator in all cases became the owner ; if he 
 had acted bona fide he was liable to the owner of 
 the stuff for its value only ; if mala fide, he was 
 liable to an action of theft. Of this kind are the 
 cases put by Gaius (ii. 29), of a man making wine 
 of another man's grapes, oil of his olives, a ship or 
 bench of his timber, and so on. Some jurists 
 (Sabinus and Cassius) were of opinion that the 
 ownership of the thing was not changed by such 
 labour being bestowed on it ; the opposite school 
 were of opinion that the new thing belonged to 
 him who had bestowed his labour on it, but they 
 admitted that the original owner had a legal re- 
 medy for the value of his property. 
 
 Two things the property of two persons might 
 become so united as not to be separable without 
 injurj' to one or both ; in this case the owner of 
 the principal thing became the owner'of the acces- 
 sory. Thus, in the case of a man building on an- 
 other man's gromid, tlie building belonged to the 
 
 owner of the ground (superficies solo cedit) ; or in 
 the case of a tree planted, or seed sown on another 
 man's ground, the rule was the same. If a man 
 wrote, even in letters of gold, on another man's 
 parchment or paper, the whole belonged to the 
 owner of the parchment or paper ; in the case of a 
 pictiu'e painted on another man's canvas, the can- 
 vas became the property of the owner of the pic- 
 ture. (Gaius, ii.73,&c.) If a piece of land was torn 
 awaj' by a stream (avulsio) from one man's land and 
 attached to another's laud, it became the property 
 of the latter when it was finnly attached to it. 
 This is a diftercnt case from that of Ali,u\'IO. 
 But in all these cases the losing party was entitled 
 to compensation, with some exceptions as to cases 
 of mala fides. 
 
 The rules of Roman law on tliis subject are 
 stated by Brinkmann, Instit. Jur. Rom. § 398,&c. ; 
 Mackeldey, Lcltrljuvh., &ic. § "245, &c. Accession ; 
 Rosshirt, Grund/iiiien, &c. § 62. 
 
 The tei-m confusio had other legal meanings 
 which it is not necessary to explain here. [G. L.] 
 
 CONGIA'RIUM (soil, vas, from cojiyius), a 
 vessel containing a couyius. [Congius.] 
 
 In the early times of the Roman republic the 
 congius was the usual measure of oil or wine which 
 was, on ceil;iin occasions, distributed among the 
 people (Liv. xxv. 2) ; and thus conyiarium, as 
 Quintilian (vi. 3. 52) says, became a name for 
 liberal donations to the people, in general, whether 
 consisting of oil, wine, com, or money, or other 
 things (Plin. H. N. xiv. 14. 17, xxxi. 7. 41 ; Suet. 
 Any. 41 ; Tib. 20 ; Ncr. 7 ; Plin. J^iny. 25 ; Tacit. 
 Ann. xii. 41, xiii. 31 ; Liv. xxxvii. 57), while 
 donations made to the soldiers were called donaiiva, 
 though they were sometimes also termed conyiaria 
 (Cic. Ad Ait. xvi. 8 ; Curt. vi. 2). Conyiarium 
 was, moreover, occasionally used simply to desig- 
 nate a present or a pension given by a person of liis-h 
 rank, or a prince, to his friends; and Fabius Maxi- 
 nius called the presents which Augustus made to 
 his friends, on account of their smallness, hemiuaria, 
 instead of conyiaria., because luimina was only the 
 twelfth part of a conyius. (Quint. I. c. ; compare 
 Cic. Ad Fani. viii. 1 ; Seneca, De Brevit. Vit ; Dc 
 Ben. ii. 16 ; Suet. Vcsp. 18, Cars. 27.) [L. S.] 
 
 CO'NGIUS, a Roman liquid measure, which 
 contained six sextarii (Rhera. Fann. v. 72), or the 
 eighth part of the amphora (r:5'9471 pints Eng.). 
 It was equal to the larger x"^^ of the Greeks. 
 [XOT"2.] Cato tells us that he was wont to give 
 oadi of his slaves a congius of wine at the Satur- 
 nalia and Compitalia. {JDc Re Rust. c. 57.) Pliny 
 relates, among other examples of hard drinking 
 {H. N. xiv. 22), that NovelKus Torquatus Medio- 
 lancnsis obtained a cognomen (tricongius, a nine- 
 bottle-man) by drmking three congii of wine at 
 once. 
 
 There is a congius in existence, called the con- 
 gius of Vespasian, or the Farnese congius, bearing 
 an inscription, which states that it was made in 
 the year 75 a. d., according to the standard mea- 
 sure in the capitol, and that it contained, by 
 weight, ten pounds. {Imp. Cues. vi. T. Cws. Auy. 
 F. iiii. Cos. Mcnsurae exuctae in CapUolio, P. x. ; 
 see also Fcstus, Puhlica Pondera!) By means of 
 this congius the weight of the Roman pound has 
 been ascertained. [Libra.] This congius holds, 
 according to an experiment made by Dr. Hase, in 
 1824, 52037'0y2 grains of distilled water. Now 
 the imperial gallon of eight pints, as determined by 
 
28-2 
 
 CONSTITUTIONES. 
 
 act of parliament in 1824, holds 10 lbs. avoirdu- 
 pois, or 70,000 grains of distilled water. Hence the 
 
 , f ■ . ■ . 52037-G92X8 
 
 number oi pints in the congius = 
 
 70-000 
 
 Its capacity in cubic inches 
 
 =S'9471, as above, 
 is 206-1241. 
 
 A congius is represented in Fabretti (Inscript. 
 p. 536). [P. S.] 
 
 CONNU'BIUM. [Marriage.] 
 CONOPE'UM (Kt>ivttnre7ov), a gnat curtain, 
 i. e. a covering made to be expanded over beds and 
 couches to keep away gnats and other flying in- 
 sects, so called from Kccuaif/, a gnat. 
 
 The gnat-curtains mentioned by Horace (Epod. 
 ix. 9) were probablj' of linen, but of tlie texture of 
 gauze. The use of them is still common in Italy, 
 Greece, and other countries surrounding the Medi- 
 terranean. Conopeum is the origin of the English 
 word canopy. (See Judith, x. 21; xiii. 9; xvi. 
 19 ; Juv. vi". 80 ; Vano, De Re Rust. ii. 10. § 8.) 
 
 According to Herodotus (ii. 95) the Egj'ptian 
 fishermen used to provide a substitute for gnat- 
 curtains in the following manner : — The fisherman, 
 having through the day worked at his employment 
 with his casting-net (dfi(pi€\Ti<TTpov), in the even- special cases. 
 
 CONSUL. 
 
 of leges generates, but inasmuch as these determi- 
 nations in particular cases might be of obvious 
 general ajjplication, they might graduidly obtain 
 the force of law. 
 
 Under the early emperors, at least in the time 
 of Augustus, many leges were enacted, and in his 
 time, and that of his successors, to about the time 
 of Hadrian, we find mention of numerous senatus- 
 consulta. In fact the emperor, in whom tlie su- 
 preme power was vested from the time of Augus- 
 tus, exercised his power through the medium of a 
 senatus-consultum, which he introduced by a» 
 oratio or libellus, and the senatus-consultum was 
 said to be made " imperatore auctore." Probably, 
 about the time of Hadrian, senatus-consulta became 
 less common, and finally imperial constitutiones 
 became the common form in which a law was 
 made. 
 
 At a later period, in the Institutes, it is de- 
 clared that whatever the impcrator detemiined 
 {constituH) by epistola, or decided judicially {^cog- 
 noscens decrcvit), or declared by edict, was law ; 
 with this limitation, that those constitutions were 
 not laws which, in their nature, were limited to 
 
 ing fixed the point of it on the top of an upright 
 pole, so that it might be expanded round him in 
 the form of a tent. Under this he reposed, secure 
 from the attacks of insects, which, as has been 
 lately proved, will not pass through the meshes of 
 a net, though quite wide enough to admit them. 
 (Spence in Trans, of tlie Entomoloyical Socifti/ for 
 1834.) [J. Y.] 
 
 CONQUISITO'RES. These were persons 
 employed to go about the country and impress 
 soldiers, when there was a difficulty in completing 
 a levy. (Hirt. Dc Dell. AIcj: i. 22 ; Liv. xxi. 11.) 
 Sometimes commissioners were appointed by a de- 
 cree of the senate for the purpose of making a con- 
 quisitio. (Liv. xxv. 5.) [R. W — N.] 
 
 CONSANGUI'NEL [Cognati.] 
 
 CONSECRA'TIO. [Apotheosis.] 
 
 CONSILIA'RIL [CoNVENTUS.] 
 
 CONSI'LIUM. [CoNVENTus.] 
 
 CONSTITUTIO'NES. " Constitutio princi- 
 pis," says Gains (i. 5), " is that which the impcra- 
 tor has constituted by decretum, edictum, or epis- 
 tola ; nor has it ever been doubted that such con- 
 stitutio has the force of law, inasmuch as by law 
 the imperator receives the imperium." Hence such 
 laws were often called principales constitutiones. 
 
 An imperial constitutio then in its widest sense 
 might mean everything by which the head of the 
 state declared his pleasure, either in a matter of 
 legislation, administration, or jurisdictio. A de- 
 cretum was a judgment in a matter in dispute be- 
 tween two parties which came before him, either 
 in the way of appeal or in the first instance. 
 Edicta, so called from their analogy to the old 
 edict (Gains, i. 93), edictales leges, gcnerales leges, 
 leges perpetuae, &c. were laws binding on all the 
 emperor's subjects. Under the general head of 
 rescripta (Gaius, i. 72, 73, &c.) were contained 
 epistolae, and subscriptiones (Gaius, i. 94. 96. 
 104), which were the answers of the emperor to 
 those who consulted him either as public function- 
 aries or individuals. (Plin. Ep. x. 2.) In the time 
 of Tiberius, the word rescriptuni had hardly ob- 
 t iined the legal signification of the time of Gains. 
 (Tacit. Anil. vi. 9.) It is evident that decreta and 
 rescripta could not from their nature have the force 
 
 Under the general head of constitutiones we 
 also read of mandata, or instructions by the Caesar 
 to his officers. 
 
 Many of these constitutions are preserved in 
 their original form in the extant codes. [Codex 
 Theodosianus, &c.] [G. L.] 
 
 CONSUA'LIA, a festival, with games, cele- 
 brated by the Romans, according to Fcstus, Ovid 
 {Fast. iii. 199), and others, in honour of Census, 
 the god of secret deliberations, or, according to Livy 
 (i. 9), of Neptunus Equestris. Plutarch {Quaest. 
 Rom. 45), Dionysius of Halicamassus (ii. 31), 
 and the PseudoAsconius, however {ad Cic. in Vi rr, 
 p. 142. ed. Orelli), say that Neptunus Equestris and 
 Census were only difl'erent names for one and the 
 same deity. It was solemnised every }'ear in the 
 circus, by the s-ymbolical ceremony of uncovering 
 an altar dedicated to the god, which was buried in 
 the earth. For Romulus, who was considered as 
 the founder of the festival, was said to have dis- 
 covered an altiir in the earth on that spot. (Com- 
 pare Niebulir, Hist. Rom. vol. i. notes 629 and 
 630.) The solemnity took place on the 21st of 
 August with horse and chariot races, and libations 
 were poured into the flames which consumed the 
 sacrifices. During these festive games horses and 
 mules were not allowed to do any work, and were 
 adorned with garlands of flowers. It was at their 
 first celebration that, according to the ancient 
 legend, the Sabine maidens were carried ofi". 
 (Varro, De Lintj. Lat. v. 3 ; Dionys. i. 2 ; Cic. De 
 Rtp. ii. 7.) Virgil {Aen. viii. 636), in speaking 
 of the rape of the Sabines, describes it as having 
 occurred during the celebration of the Circe?isian 
 (James, which can only be accounted for by sup- 
 posing that the great Circensian games, in subse- 
 quent times, superseded the ancient Consualia ; and 
 that thus the poet substituted games of his own 
 time for ancient ones — a favourite practice with 
 Virgil ; or that he only meant to say the rape took 
 place at the well-known festival in the circus (tlie 
 Consualia), without thinking of the ludi circenses, 
 properly so called. [L. S.] 
 
 CONSUL; the joint president of the Roman 
 republic. " Without doubt the name consules 
 means nothing more than sunply oolleayues ; the syl- 
 
CONSUL 
 
 CONSUL. 
 
 283 
 
 lalile std is found in praesul and exsul, where it sig- 
 nifies o;iC who is ; thus consiiles is tantamount to con- 
 ' sinites, the name given to Jupiter's council of gods." 
 (Nicbuhr, Hist. Ram. i. p. 512.) This is not quite 
 correct. The syllable sul contains the root of the 
 • verb salio, "to go'" or "come and co/i-sil-ium is 
 merely " a coming together," like comrntio, contio. 
 So consules are " those who come together," prae- 
 sul " he who goes before," ccesul " he wlio goes out." 
 The institution of consuls or joint presidents of the 
 state seems to have been intimately connected 
 with the first principles of the Roman political 
 system. The old tradition with regard to the two 
 first kings seems to point directly to something of 
 the kind, and Servius in his Constitution is said to 
 have provided for a restoration of the old division 
 of the sovereign power between two functionaries. 
 They do not, however, appear to have existed under 
 this name till after the expulsion of Tarquinius, 
 when L. Junius Brutus and L. Tarquinius Colla- 
 tinus (or M. Horatius, Polyb. iii. 22) were ap- 
 pointed chief magistrates at Rome with this title. 
 At first the consuls were the only supreme officers 
 at Rome, and had all the power of the kings whom 
 they succeeded. Cicero (/>e Lci/t/. iii. 2) ascribes 
 to them the regia potestas — " Idque in republica 
 nostra maxima valuit, quod ei regalis putestas prae- 
 fuit — quod et in hisetiam qui nunc nyiiunt manet." 
 
 Ouibus autem rcijia jmtcstas non placuit, non ii 
 nemini, sed non semper uni parere voluerunt." 
 Their dress was regal, with the exception of the 
 golden crown, which they did not wear at all, and 
 the trabea, which they only wore on the occasion 
 of a triumph. They had ivory seep. res sunnounted 
 by eagles ; in the pubUc assemblies they sat upon 
 a throne (sella curulis) ; they had an elevated seat 
 in the senate, where they presided ; they appointed 
 the pubhc treasurers ; they made peace and con- 
 tracted foreign alliances ; they had the jurisdictio, 
 (. p. they were the supreme judges in all suits, 
 whence we also find them called praetores ; and 
 they had the imperium or supreme connnand of the 
 araiies of the state. The most prominent outward 
 s^Tubols of their authority' were the /usees, or bundle 
 of rods surrounding an axe, and borne before the 
 consuls by twelve lictors or beadles. 
 
 At first each of the consuls had his own twelve 
 hctors, but P. Valerius, called PtMimla, from his 
 attention to the wishes of the pojudus, or original 
 burgesses, removed the axe from the fasces, and 
 allowed onlj' one of the consuls to be preceded by 
 the lictors while they were in Rome. The other 
 consul was attended only by a single acceiisus. 
 This division of the honours was so arranged 
 that the consuls enjoyed the outward distinctions 
 alternately from month to month ; the elder of the 
 two consuls received the fasces for the first month, 
 and so on, till the reign of Augustus, when it 
 , was decreed by the Lex Jalia et I'apia Puppana, 
 that the precedence should be given to hun who 
 had the greater number of children. To this altern- 
 ation in the honours of the consulate Horace 
 seems to refer indirectly, when he says (Carm. iii. 
 ii. 17) — 
 
 " Virtus, repulsae nescia sordidae, 
 ' Intaininutis fulget lionoribas : 
 Nec siimit aut pimit secures 
 Arbitrio popularis aurae." 
 
 While they were out of Rome, and at the head 
 of the army, the consuls retained the axes in the 
 
 fasces, and each had his own lictors as before the 
 time of Valerius. 
 
 The consuls were for some time chosen only 
 from the populus or patricians, and consequently 
 always sided with their own order in the long 
 struggle which was carried on between the patri- 
 cians and the commonalty. The first shock to their 
 power was given by the appointment of the tribuni 
 plcbis, who were a sort of plebeian consuls, and, like 
 the others, were originally tvvo in number. They 
 presided at the coinitki tributa, or assembhes of the 
 plebs, as the consuls did at the other mmitia, and 
 had the right of interposing a veto, which put a 
 stop to any consular or senatorial measure. The 
 consular office was suspended in B. c. 4.52, and its 
 functions performed by a board of ten high com- 
 missioners {dea-iHviri), appointed to frame a code 
 of laws, according to a motion of the tribune Te- 
 rentius. On the re-establisliment of the consulship 
 in B. c. 444, the tribunes proposed that one of the 
 consuls should be chosen from the plebeians, and 
 this gave rise to a serious and long-protracted 
 struggle between the two orders, in the course of 
 which the office of consul was again suspended, 
 and its functions administered by a board of 
 tribuni militarcs, corresponding to the (XTpaTriyoL 
 at Athens. At length, in B. c. 366, the plebeians 
 succeeded in procuring one of the consuls to be 
 elected from their own body, and after that time 
 both consuls were occasionally plebeians. 
 
 The prerogatives and functions which were ori- 
 ginally engrossed by the consuls, were afterwards 
 divided between them, and different magistrates 
 appointed to relieve them under the great pressure 
 of business introduced by the increase of the state. 
 The censors, appointed in B. c. 442, perfonned some 
 of their duties, and the praetors, first elected in 
 B. c. 365, undertook the chief part of the jurisdictio 
 or judicial functions of the consids. When a con- 
 sul was appointed to some command or office out 
 of Rome, he was mid provi/icitwi acdpcrc ; and when 
 the consul was appointed to a foreign command 
 after the expiration of his yearof office,he was called 
 procoMsul. In the Greek writers on Roman his- 
 tory, the consuls are called viraroi, the jjroconsuls 
 avSuvaTot. The consul might also be superseded 
 by the dictator, who was appointed with absolute 
 power for certain emergencies. A similar autho- 
 rity, however, was occasionally vested in the con- 
 suls themselves by virtue of the senatus-decreium, 
 which was worded, Vidcant consules ncfjuid rcsjmblica 
 detrimciiti capiat, i. c. " Let the consuls look to it, 
 that no harm befalls the st;ite." 
 
 The consuls were elected sometime, before they 
 entered upon their office, and till then were called 
 consules dcsiynati. In later times they entered on 
 their office on the 1st of January, and were obliged 
 to take the oath of office within the five days fol- 
 lowing, the elfect of which they had to repeat in 
 an oath which they took on quitting their office at 
 the end of the year. The commencement of the 
 consulate was alwaj'S celebrated by a solemn pro- 
 cession to the capitol, and a sacrifice there to Jupi- 
 ter Capitolinus, and after that there was a great 
 meeting of the senate. By the Lex Annalis (b. c. 
 181) it was decreed that tlie consul should be 43 
 years of age. (Cic. Philij)p. v. 17. 47.) But 
 many were elected consuls at an earlier age. It 
 was also a law that an interval of 1 0 years should 
 elapse between two elections of the same person 
 to the office of consul ; but this law was not strictly 
 
284 
 
 CONTUS. 
 
 COPHINUS. 
 
 observed, and instances occur of five or six re- 
 elections to this office. C. Marius was seven times 
 consul. 
 
 The office of consul continued after the downfal 
 of the republic. In the reign of Tiberius the con- 
 suls were no longer elected by the people, but were 
 appointed by the senate; and subsequently the 
 number was increased, and consuls were appointed 
 for a part of the j'ear only, till at last it became 
 only an honorary or complimentary appointment. 
 In these times the consuls were divided into seve- 
 ral classes : the constdcs ordmarii, who were the 
 nearest representatives of the older consuls; the 
 consules suffedi, appointed by the emperors for the 
 rest of the year ; and the co?2suh's honorarii, who 
 had only the name without a shadow of authority. 
 
 The consuls, like the a.px<^v iirwvvfj.os at Athens, 
 gave their names to the year ; calenders or annual 
 registers were kept for this purpose, and called 
 Fasti Considares. The last consul fTrwi/vixos was 
 Basilius, junior, in the reign of Justinian, A. u. c. 
 1294., A. D. 541. [J. W. D.] 
 
 CONTRACTUS. [Obligationes.] 
 
 CONTUBERNA'LES (adaK-qvoi). This word, 
 in its original meaning, signified men who served 
 in the same army and lived in the same tent. It 
 is derived from talcnia (afterwards iabemucidtmi), 
 which, according to Festus, was the original name 
 for a mibtary tent, as it was made of boards 
 {talmlae). Each tent was occupied by ten soldiers 
 (corduhernales), with a subordinate officer at their 
 head, who was called decanus, and in later times 
 caput contubernii. ( Veget. De lU Aid. ii. 8. 13; 
 compare Cic. Pro Ligar. 7 ; Hirt. Bell. Alex. 16 ; 
 Drakenb. Ad Liv. v. 2.) 
 
 Young Romans of illustrious families used to 
 accompany a distinguished general on his expedi- 
 tions, or to his province, for the purpose of gaining 
 under his superintendence a practical training in 
 the art of -war, or in the administration of public 
 aflairs, and were, like soldiers living in the same 
 tent, called his contubernales. (Cic. Pro. Cod. 30, 
 Pro Plane. 11 ; Suet. Caes. 42 ; Tacit. Ayr. 5 ; 
 Frontin. Strateg. iv. 1. 11 ; Plutarch. Pomp. 3.) 
 
 In a still wider sense, the name contubernales 
 was applied to persons connected by ties of inti- 
 mate friendship and living under the same roof 
 (Cic. Ad Fam. ix. 2; Plin. Ejd^t. ii. 13), and 
 hence when a free man and a slave, or two slaves, 
 who were not allowed to contract a legal marriage, 
 lived together as husband and wife, they were 
 called contidiernales ; and tlieir connection, as well 
 as their place of residence, coniiibernium. (Colum. 
 xii. 1. 3; i. 8; Petron. Sat. !)6 ; Tacit. Hist.i. 
 43 ; iii. 74.) Cicero {Ad Ait. xiii. 28) calls Caesar 
 the coniuljernalk of Quirinus, thereby alluding to 
 the fact that Caesar had allowed his own statue to 
 be erected in the temple of Quirinus (see Ad Ait. 
 xii. 45, and Suet. Caes. 7C.) [L. S.] 
 
 CONTUBE'RNIUM. [Contubernales ; 
 
 CoNCUBINA.] 
 
 CONTUS (kovtSs, from k(vt€o>, I prick or 
 pierce,) was, as Nonius (xviii. 24) expresses it, a 
 long and strong wooden pole or stake, with a 
 pointed iron at the one end. (Virg. Aen. v. 208.) 
 It was used for various pui'poses, but chiefly as a 
 punt-pole, liy sailors, who, in shallow water, thinst 
 it into the ground, and thus pushed on the boat. 
 (Ilom. Od. ix. 287; Virg. /. c. and vi. 302.) It 
 also served as a means to sound the depth of the 
 water. (Festus, s.v. Percunctaiio ; Donat. ad Terent. 
 
 Hec. I. ii. 2.) At a later period, when tlie Romans 
 became acquainted with the huge lances or pikes 
 of some of the northern bai'barians, the word co/dus 
 was applied to that kind of weapon (Virg, Aen. ix. 
 510 ; Tacit. Hist. i. 44 ; iii. 27 ; Lamprid. Commod. 
 1 3) ; and the long pikes peculiar to the Sarma- 
 tians were always designated b}' this name. (Tacit. 
 Hist. i. 79; Annal. y\. 35; Stat. AcJiil. ii. 416; 
 Valer. Flac. vi. 162, and others.) [L. S.] 
 
 CONVENl'RE IN MANUAL [Marriage.] 
 
 CONVE'NTUS (avvoSos, avvovcria, or <Tuva- 
 •ywyri) is properly a name which may be given to 
 any assembly of men who meet for a certain pur- 
 pose. But when the Romans had reduced foreign 
 countries into the fonn of provinces, the word con- 
 ventus assumed a more definite meaning, and was 
 applied to the whole body of Roman citizens who 
 were either pemanently or temporally settled in a 
 province. (Cic. i?i Vcrr. ii. 13; v. 36 ; Caes. Bell. 
 Civ. 2. 21 ; Hirt. Bell. Aj'r. 97.) In order to faci- 
 litate the administration of justice a province was 
 divided into a number of districts or circuits, each 
 of which was called conreidus, forum, or jurisdietio. 
 (Cic. in Verr. ii. 15 ; Plin. Ep. x. 5; Plin. H.N. 
 iii. 1.3; v. 29.) Roman citizens living in a 
 province were entirely under the jurisdiction of the 
 proconsul, except in the towns which had the Jus 
 Italicum, which had magistrates of their own with 
 a jurisdictio, from whom there was no doubt an 
 appeal to the proconsul ; and at certain times 
 of the year, fixed by the proconsul, they as- 
 sembled in the chief town of the district, and 
 this meeting bore the name of conventus((n5TO5os). 
 Hence the expressions — coiireidus ar/cre, ])eroge7v, 
 convoeare, dimittere, dyopa'iovs (sc. rj/uepai) ayeiv, 
 &c. (Caes. Bell. Gall. i. 54 ; v. 1 ; viii. 46 ; Act. 
 Apost. xix. 38.) At this conventus litigant parties 
 applied to the proconsul, who selected a number of 
 judges from the conventus to try their causes. 
 (Cic. in Verr. ii. 13, &c. ; Niebuhr, Hist. Bum, 
 iii. p. 732.) The proconsul himself presided at the 
 trials, and pronounced the sentence according to 
 the views of the judges, who were his assessors 
 (consilium or consiliurii). As the proconsul had to 
 carry on all official proceedings in the Latin lan- 
 guage (Val. Max. u. ii. 2), he was always attended 
 b_y an intei'preter. (Cic. in Verr. iii. 37 ; ad Fam. 
 xiii. 54.) These conventus appear to have been 
 generally held after the proconsul had settled the 
 military aft'airs of the province ; at least when 
 Caesar was proconsul of Gaul he made it a regular 
 practice to hold the conventus after his amiies had 
 retired to their winter quarters. 
 
 Niebuhr {Hist. Bom. iii. p. 340) supposes that 
 after the peace of Caudium, and before any country 
 had been made a Roman province, the name con- 
 ventus was applied to the body of Roman citizens 
 sojourning or residing at Capua, Cuma, and eight 
 other Campanian towns. [L. S.] 
 
 CONVI'VIUM. [Symposium.] 
 
 COOPTA'RE. [Collegium.] 
 
 CO'PHINUS {K6<pivo9), a large kind of wicker 
 basket, made of willow branches. (Moer. Att. and 
 Hesych. s. r. 'Appixos.) From Aristophanes {Av. 
 1223) it would seem that it was used by the 
 Greeks as a basket or cage for birds. The Romans 
 used it for agricultural purposes, and Columella (xL 
 3. p. 460. ed. Bip.), in describing a method of pro- 
 curing early cucumbers, says, that they should be 
 sown in well manured soil, kept in a cophinus, so 
 that in this case we have to consider it as a kind 
 
CORBIS. 
 
 CORNELIA LEX. 28.5 
 
 of portable hot-bed. Juvenal (Sat. iii. 14. and vi. 
 542), when speaking of the .Jews, uses the ex- 
 
 ' pression cophinus ct foenum (a truss of hay), 
 figuratively to designate their high degree of 
 |Mivcrty. [CoRBis.] [L. S.] 
 
 CORBIS, dim. CO'RBULA, CORBI'CULA, 
 a basket of very peculiar form and common use 
 among the Romans, both for agricultural and other 
 purposes ; so called, according to Varro {De Liny. 
 Lat. V. 139. ed. Mliller), " Quod eo spicas aut 
 
 ' aliud quid corruebant ;" or, according to Isidorus 
 (Orig. XX. 9), " Quia curvatis virgis contexitur." 
 It was made of osiers twisted together ( Varro, Dc 
 Re Rmt. i. 22. § 1 ; Isidor. Columell. U. a:) and 
 of a conical or pyramidal shape {irA^yfiara e/c 
 \vyov 7ri/pa,uoei5j), Arrian, Amih. v. 7, 8). A 
 basket answering precisely to this description, both 
 in form and material, is still to be seen in every- 
 day use among the Campanian peasantry, which 
 is called in the language of the country " la 
 
 ■ corbeUa," a representation of which is introduced in 
 
 [ the lower portion of the annexed woodcut. The 
 hook attached to it by a string is for the pui-pose 
 of suspending it to a branch of the tree into 
 which the man climbs to pick his oranges, lemons, 
 olives, or figs. The upper portion of the woodcut 
 (Autichita di Ercolano, torn. iii. tav. 29) repre- 
 sents a Roman farm, in which a farming man, in 
 the shape of a dwarfish satyr, is seen with a pole 
 (d(n'A.Xa) across his shoulder, to each end of which 
 is suspended a basket resembling in every respect 
 the Campanian corbc.Ua ; all which coincidences 
 of name, form, and description leave no doubt as 
 to the identity of the term with the object repre- 
 sented. 
 
 As the corbis was used for a variety of purposes, 
 it is often distinguished by a corresponding epithet 
 indicating the particular service to which it was 
 applied ; as, for instance, corbis messoria (Cic. 
 Pro Seict. 38 ; compare Varro, Dc Re Rust. i. 53 ; 
 Propert. El. iv. ii. 28 ; Ovid. Met. xiv. 643), 
 which was used in husbandry for measuring corn 
 in the ear, and is therefore opposed to the inodius, 
 in which the grain was measured after threshing 
 (Cato, De Re Rust. 1 36) ; corbis pabulutoria, which 
 held a certain measure of green food for cattle 
 (Colum. VI. iii. 5; xi. ii. 99); corbis comtrictu, 
 when put over the noses of cattle with sore mouths, 
 like a muzzle, to prevent them from rubbing their 
 
 lips (Veget. Art. Veterin. ii. 33). These were all 
 of the larger sort, the same as that mentioned by 
 Plautus {Bacch. iv. iv. 61), " Geritote amicis 
 vestris aurum corbibus." 
 
 The smaller basket (corbula) was used for 
 gathering fruit (Cato, De Re Rust. ii. 5 ; Colnra. 
 Id. XII. 1. 8 ; uliijuoi corbulas ?ivarum, Varro, Id. 
 i. 15j; as a bread-basket (corbula pani% Cae- 
 cilius, ap. Non. s. v. Corbis) ; for carrying up viands 
 from the kitchen to the coe?taculum (Plant. Aul. ii. 
 vii. 4) ; and when Nero attempted to cut through 
 the Isthmus of Corinth, he put the earth into a 
 corbula, which he took from a soldier, and carried 
 it away on his shoulders (humum corbidae coiit/estam. 
 Suet. JVero, 19), which identifies the sort of 
 basket termed KScptvos by Josephus (Zfeff. Jud. iii. 
 5. § 5), which constituted part of the marching 
 accoutrements of every Roman soldier. 
 
 The corbis was also used in the Roman navy. 
 Being filled with stones, it aflforded a substitute 
 for an anchor, in places where the soil was im- 
 pervious to, or not sufficiently tenacious for, the 
 fluke of an anchor (Arrian. /. c. ; Eunapius, ap. 
 Said. t\ Zevy/xa, (pop/xov K'lBav ifiTrew\T}(Tfievoi'), 
 which practice is not yet forsaken, for the writer 
 has repeatedly seen the identical " corbella" de- 
 lineated above, so applied in the bay of Mola di 
 Gaieta. [A. R.] 
 
 CO'RBITAE, merchantmen of the larger class, 
 so called because they hung out a corbis at the 
 mast-head for a sign. (Festus ; Nonius, s. ii.) 
 They were also termed onerariae; and hence 
 Plautus, in order to designate the voracious ap- 
 petites of some women, says, " Corbitam cibi 
 comesse possunt" (Cas. iv. i. 20). They were 
 noted for their heavy build and sluggish sailing 
 (Lucill. ap. Non. s. Corbitae ; Plaut. Pocn. iii. 
 i. 4), and carried passengers as well as merchandise, 
 answering to the large " felucca" of the present 
 day. Cicero proposed to take a passage in one of 
 these vessels from Rhegium to Patrae, which he 
 opposes to the smarter class of packets (actuariola, 
 Ep. ad Att. xvi. 6). [A. R.] 
 
 KO'PAAH. [COMOEDIA, p. 277.] 
 
 CORNE'LIA LEX. [Majestas ; Repe- 
 
 TUNDAE.] 
 
 CORNE'LIA FULVIA LEX. [Ambitus.] 
 CORNE'LIA LEX DE FALSLS. [Fals.\.] 
 CORNE'LIA LEX DE INJU'RIIS. [In- 
 
 JURIAE.] 
 
 CORNE'LIA LEX DE SICA'RIIS ET 
 VENEFI'CIS. A law of the Twelve Tables 
 contained some provision as to homicide (Plin. 
 //. N. xviii. 3), but this is all that we know. It 
 is generally assumed that the law of Numa Pom- 
 pilius, quoted by Festus (s.«J. Parici Quacstores)," Si 
 quis hominem liberum dolo sciens morti duit 
 paricida esto," was incorporated in the Twelve 
 Tables, and is the law of homicide to which Pliny 
 refers ; but this cannot be proved. It is generally 
 supposed that the laws of the Twelve Tables con- 
 tained provisions against incantations (malum 
 carmen) and poisoning, both of which offences 
 were also included under parricidium : the murderer 
 of a parent was sewed up in a sack (culcus or 
 culleus) and thrown into a river. It was under 
 the provisions of some old law that the senate by 
 a consultum ordered the consuls P. Scipio and D. 
 Biiitus (b. c. 138) to inijuire into the murder in 
 the Silva Scantia (Silva Sila, Cic. Brutus, c. 22. 
 ed. II. Meyer). The lex cornelia de sicariis et 
 
■286 CORNELIA LEX. 
 
 veneficis was passed in the time of the dictator 
 Sulla, B. c. 82. The lex contained provisions as 
 to death or fire caused by dolus malus, and against 
 persons going about armed with the intention of 
 killing or thie\-ing. The law not only provided 
 for cases of poisoning, but contained provisions 
 against those who made, sold, bought, possessed, or 
 gave poison for the purpose of poisoning ; also 
 against a magistratus or senator who conspired 
 in order that a person might be condemned in 
 a judicium publicum, &c. (Compare Cic. Pro 
 Chmit. c. .54, with Dig. 49. tit. 8.) To the pro- 
 visions of this law was subsequently added a 
 senatus-consultum against mala sacriticia, other- 
 wise called impia sacrificia, the agents in which 
 were brought within the provisions of this lex. 
 The punishment inflicted by the law was the inter- 
 dictio aquae et ignis, according to some modem 
 ^vriters. Marcian (Dig. 4.0. tit. 8. s. 3) says that 
 the punishment was deportatio in insulam et 
 bononun ademtio. These statements are recon- 
 cilable when we consider that the deportatio 
 under the emperors took the place of the interdic- 
 tio, and the expression in the Digest was suited to 
 the times of the writers or the compilers. Besides, 
 it appears that the lex was modified by various 
 senatus-consulta and imperial rescripts. 
 
 The Lex Pompeia de Parricidiis, passed in the 
 time of Cn. Pompeius, extended the crime of par- 
 ricide to the killing (dole malo) of a brother, sister, 
 uncle, aunt, and many other relations enmnerated 
 by Marcianus (Dig. 49. tit. 9. s. 1) ; this enumera- 
 tion also comprises vitricus, noverca, privignus, pri- 
 vigna, patronus, patrona, an ams who killed a 
 nepos, and a mother who killed a fihus or filia ; 
 but it did not extend to a father. All privy to 
 the crime were also punished by the law, and 
 attempts at the crime also came within its provi- 
 sions. The punishment was the same as that 
 affixed by the lex Cornelia de sicariis (Dig. I. c), 
 by which must bo meant the same punishment 
 that the lex comelia affixed to crimes of the same 
 kind. He who killed a father or mother, grand- 
 father or grandmother, was punished (more majo- 
 rura ) by being whipped till he bled, sewn up in a 
 sack with a dog, cock, viper, and ape, and thrown 
 into the sea, if the sea was at hand, and if not, by 
 a constitution of Hadrian, he was exposed to wild 
 beasts, or, in the time of Paulus, to be burnt. The 
 ape would appear to be a late addition. The mur- 
 derers of a father, mother, grandfather, grand- 
 mother only were punished in this manner (Mo- 
 dest. Dig. 49. tit. 9. s. 9) ; other parricides were 
 simply put to death. From this it is cleiir that 
 the lex Cornelia contained a provision against par- 
 ricide, if we are rightly infomied as to the provi- 
 sions de sicariis et veneficis, unless there was a 
 separate comelia lex de parricidiis. As already 
 observed, the provisions of those two leges were 
 modified in various ways under the emperors. 
 
 It appears from the law of Nmna, quoted by 
 Festus(s.?'. Parici Qunextores), that a parricida was 
 any one who killed another dolo malo. Cicero 
 {Pro. Ros. Am. c. 25) appears to use the word in 
 its limited sense, as he speaks of the punishment 
 of the cuUeus. In this limited sense there seems 
 no impropriety in Catilina being called parricida, 
 with reference to his countiy ; and the day of 
 the dictator Caesar's death might be called a par- 
 ricidiuni, considering the circumstances under which 
 the name was given. (Suet. Cues. c. 88.) If the 
 
 CORONA. 
 
 original meaning of parricida be what Festus says, it 
 may be doubted if the etymology of the word (pater 
 and caedo) is correct ; for it appears that paricida or 
 parricida meant murderer generally, and afterwards 
 the murderer of certain persons in a near relation- 
 ship. If the word Avas originally patricida, the law 
 intended to make all malicious killing as great an 
 offence as parricide, though it would appear that 
 parricide, properly so called, was, from the time of 
 the Twelve Tables at least, specially punished with 
 the cuUeus, and other murders were not. (Dig. 49. 
 tit. 8, 9; Paulus, Hecept. Senhmt. v. tit. 24: 
 Dirksen, Uebersicht, &c. der Zwcilftafelgesetze. 
 Leipsig.) [G. L.] 
 
 CORNU, a wind instrument, anciently made of 
 hom, but afterwards of brass. (Varro, De Lin(j. 
 ImL v. 117. ed. Midler.) According to Athenaeus 
 (iv. 1 84 a) it was an invention of the Etruscans. 
 Like the tuha., it differed from the tihia in being a 
 larger and more powcrfid instrument, and from the 
 tuha itself, in being curved nearly in the shape of aC, 
 with a cross-piece to steady the instrument for the 
 convenience of the pcrfonner. In Greek it is called 
 (TTpoyyuK-r] (Tc£\iri7|. It had no stopples or plugs 
 to adjust the scale to any particular mode (Bumey's 
 Hisi. nf Music, vol. i. p. 518) ; the entire series of 
 notes was produced without keys or holes, by the 
 modification of the breath and of the hps at the 
 mouthpiece. Probably, from the description given 
 of it in the poets, it was, like our own horn, an 
 octave lower than the trumpet. The dassicum, 
 which originally meant a signal, rather than the 
 musical instnnnent which gave the signal, was 
 usually sounded with the coruu. 
 
 " Sonuit reflexo classicum comu, 
 Lituusque adunco stridulos cantus 
 Elisit acre." (Sen. Oed. 7.34.) 
 
 From which lines we learn the distinction between 
 the comu and lituus, as from Ovid {Metani. i. 98) 
 we learn that between the iuJia and comu — 
 
 " Non tuba directi, non aeris cornua flexi." 
 The foUoAving woodcut, taken from Bartliolini {De 
 Tibiis, p. 403), illustrates the above account. [B.J.] 
 
 CORO'NA (cTTe^ocos), a crown ; that is, a 
 circular ornament of metal, leaves, or flowers, 
 woni by the ancients round the head or neck, and 
 used as a festive as well as funereal decoration, 
 and as a reward of talent, military or naval 
 prowess, and civil worth. It includes the sjTionjanes 
 of the species, for which it is often used absolutely, 
 (rTe<pavi), (TTe<pos, aTt<pdvtt>fjLa, corolla, seHum, a 
 garland or wreath. 
 
 The first introduction of this ornament is atti'i- 
 buted to Janus Bifrons (Athcn. xv. 45), the re- 
 puted inventor of ships and coinage, whence many 
 
CORONA. 
 
 CORONA. 
 
 287 
 
 >ins of Greece, Italy, and Sicily bear the head 
 Janus on one side, and a ship or a crown on 
 ir reverse. 
 
 Judging from Homer's silence, it does not ap- 
 ar to have been adopted amongst the Greeks of 
 11- lieroic ages as a reward of merit, nor as a 
 ■■-tive decoration ; for it is not nunitioned amongst 
 If luxuries of the delicate Phaeacians, nor of the 
 litors. But a golden cro\vn decorates the head 
 f Venus in the hymn to that goddess (1 and 7). 
 
 Its first introduction as an honorary reward is 
 tti ibutable to the athletic games, in some of which 
 : was bestowed as a prize upon the victor (Plin. 
 /. N. XV. 39 ; Pindar. Ob/mp. iv. 3G ; Argol. iii 
 '•mill, de Lad. Circ. i. 16 ; Hamilton's rases, 
 m1. iii. pi. 47), from whence it was adopted in the 
 !"inan circus. It was the only one contended for 
 • y the Spartans in their giiTiinic contests, and was 
 vuin by them when going to battle. (Hase, p. 
 200. transl.) 
 The Romans refined upon the practice of the 
 crocks, and invented a great variety of crowns 
 urmed of different materials, each with a separate 
 |)|)cllation and appropriated to a particular purpose. 
 We proceed to enumerate these and their proper- 
 irs, including in the same detail an account of the 
 in-responding ones, where any, in Greece. 
 
 I. Corona Obsidionalis. Amongst the honor- 
 U'y crowns bestowed by the Romans for military 
 ichievcments, the most difficult of attainment, and 
 1m' one which conferred the highest honour, was 
 lie mrona obsidionalis, presented by a beleaguered 
 umy after its liberation to the general who broke up 
 ■■he siege. It was made of grass, or weeds and 
 nild Howers (PKn. H. N. xxii. 7), thence called 
 I'l uua graviinca (Plin. H. N. xxii. 4 ), and r/ram/- 
 ■ii'ii obsidionalis (Li v. vii. 37), gathered from the 
 -|int on which the beleaguered anny had been 
 .'iiclosed (Plin. 1. c. ; Aul. Gell. v. 6 ; Festus, 
 ). V. Obsidio?ialis), in allusion to a custom of the 
 early ages, in which the vanquished party in a con- 
 test of strength or agility plucked a handful of grass 
 from the meadow where the struggle took place, 
 and gave it to his opponent as a token of victory. 
 (Aul. Gell. V. 6 ; Plin. //. N. xxii. 4 ; Festus, 
 V. Obsidionalis ; Serv. ad Virg. Ae7t. viii. 
 128.) A list of the few Romans who gained 
 this honour is given by Pliny (//. N. xxii. 4, 5). 
 A representation of the corona graminea is intro- 
 duced in the annexed woodcut. (Guichard, De 
 Antiqicis Triumpliis, p. 268 ; compare Hardouin, ad 
 Plin. H. N. X. 68). 
 
 IT. Corona Civica, the second in honour and 
 
 importance (Plin. //. N. xvi. 3), was presented to 
 the soldier who had preserved the life of a Roman 
 citizen in battle (Aid. Gell. v. 6), and therefore 
 accompanied with the inscription " Ob civem ser- 
 vatum" (Senee. Clinn. i. 26), as seen on the medal 
 of M. Lepidus introduced in the next woodcut, 
 in which the letters H. 0. C. S. stand for hostem 
 ovcidit, civem servavit. It was originally made of 
 the ilex, afterwards of the aesciilus, and finally of 
 the qiiercus (Plin. H. N. xvi. ,5), three different 
 sorts of oak, the reason for which choice is ex- 
 plained by Plutarch (Qitaesi. Horn. p. 1.51. ed. 
 Reisk.). It is represented in the next woodcut 
 (Jacob de Bie, Numism. A urea Imp. Rom. pi. 5), 
 above which the medal of Lepidus (Goltz. Ilisioria 
 Caesanim ca- Antiq. Mumismat, Restiiut. xxxiii. 1) 
 just mentioned is placed. 
 
 As the possession of this crown was so high an 
 honour, its attainment was restricted by very 
 severe regulations (Plin. //. N. xvi. 5), so that 
 the following combinations must have been satis- 
 fied before a claim was allowed: — To have pre- 
 served the life of a Roman citizen in battle, slain 
 his opponent, and maintained the ground on which 
 the action took place. The testimony of a third 
 party was not admissible ; the person rescued 
 must himself proclaim the fact, which increased 
 the difficulty of attainment, as the Roman soldier 
 was commonly unwilling to acknowledge his obli- 
 gation to the prowess of a comrade, and to show 
 him that deference which he would be compelled 
 to pay to his preserver if the claim were establish- 
 I ed. (Cic. Pro Plane. 30.) Originally, therefore 
 
288 
 
 CORONA. 
 
 CORONA. 
 
 the corona cimca was presented by the rescued 
 soldier (Aul. Gell. v. 6 ; Polyb. vi. 37), after 
 the claim had been thoroughly investigated by the 
 tribune, who compelled a reluctant party to come 
 forwai'd and give his evidence (Polyb. /. c',) ; but 
 under the empire, when the prince was the foun- 
 tain from whence all honours emanated, the civic 
 crown was no longer received from the hands of 
 the person whose preservation it rewai'ded, but 
 from tlie prince himself, or his delegate. (Tacit. 
 Arm. XV. 12 ; compare iii. 2.) 
 
 The preservation of the life of an ally, even 
 though he were a king, would not confer a suffi- 
 cient title for the civic crown. When once ob- 
 tained, it might alwaj's be worn. The soldier who 
 had acquired it, had a place reserved next to the 
 senate at all the public spectJicles ; and the}', as 
 well as the rest of the company, rose up upon his 
 entrance. He was freed from all public burthens, 
 as were also his father, and his paternal grand- 
 father ; and the person who owed his life to him 
 was bound, ever after, to cherish his preserver as 
 a parent, and afford hun all such offices as were 
 due from a son to his father. (Polyb. vi. 37; Cic. 
 Pro Plane. 30; Plin. H.N.x\i. 5 ; Aul. GeU. v. 6.) 
 
 A few of the principal characters who gained 
 this reward, are enumerated in the following pas- 
 sages : — Plin. H. N. vii. 29 ; xvi. 5 ; Liv. vi. 20 ; 
 X. 46. L. Gellius Publicola proposed to confer it 
 upon Cicero for having detected and crushed 
 the conspiracy of Catiline (Aul. Gell. v. G) : 
 and amongst the honours bestowed upon Augus- 
 tus by the senate, it was decreed that a civic 
 crown should be suspended from the top of his 
 house (Dion. Cass. liii. 16; Val. Max. ii. S.Jin. ; 
 Ovid. Fast. i. 614; iv. 953; Trist. iii. i. 6; 
 Seneca, Ch-m. i. 26 ; Suet. Calig. 19, compare 
 Ckmd. 17, Till. 26) ; hence a crown of oak leaves, 
 with the inscription oh circs servatos, is frequently 
 seen on the reverse of the Augustan medals, as 
 also on those of Galba, Vitellius, Vespasian, Trajan, 
 &c., showing that they likewise assumed to them- 
 selves a similar honour. 
 
 Other chaplets of leaves of manj' kinds were 
 used both at Rome and in Greece ; l)ut they are 
 distinct in character and purpose from the corona 
 civica. An oak wreath was given by the Greeks 
 to Jupiter (Hamilton's Vases, vol. iii. pi. 1) ; but 
 that has no acorns, which formed a prominent 
 feature in the corona ciinca (Plin. H.N. xvi. 5); 
 and likewise to Hecate (Soph. Fruij. up. Valc/cnaer 
 Diatr. in Eur. Fraj. p. 167); of ivy to Bacchus 
 (Plin. xvi. 4), commonly seen in his statues, from 
 whicli he is tenned KtaaoKOfirjv. (Hom. Hymn, 
 in. Dacch. 1 ; compare 9.) Those wlio assisted at a 
 sacrifice, wore a crown of bay, and the victim a 
 wreath of cypress, pine, or flowers, and leaves of 
 the tree sacred to the deity to whom the offering was 
 made. (Plin. I. c.) Romulus bestowed a crown of 
 leaves upon Hostus Hostilius, as the first man who 
 stormed the city of Fidenae (Plin. //. N. xvi. 5) ; 
 and the anny paid a similar compliment to P. 
 Decius, by whom it was saved from destruction 
 during the Samnite war. (Liv. vii. 37.) 
 
 It will not fail to be remarked, as characteristic 
 of Roman manners and early republican virtue, 
 that the two crowns which were the most difficult 
 to obtain, and held in the highest honour, possessed 
 no intrinsic value. 
 
 III. Corona N.^valis or Rosteata, called also 
 Classica. (Patcrc. ii. 81.) It is difficult to deter- 
 
 mine whether these were two distinct croTOs, oi 
 only two denominations for the same one. Virgil 
 {Acn. viii. 684) unites both terms in one sentence, 
 " Tempora narali fulgent rostraia corona." But 
 it seems probable that the fomier, besides being a 
 generic teira, was inferior in dignity to the latter, 
 and given to the sailor wlio first boarded an enemy's 
 ship (Plin. //. N. xvi. 3) ; whereas the latter was 
 given to a commander who destroyed the whole 
 fleet, or gained any very signal victory. (Compare 
 Aul. Gell. V. 6 ; Liv. JEjjit. 129 ; Dion. Cass. xHx. 
 14; Seneca, Be Ben. iii. 32 ; Festus, s.v. Navalis 
 Corona; Plin. H.N. viii. 31; xvi. 4; Suet. 
 Claud. 17.) At all events, they were both made 
 of gold ; and one at least (rostraia) decorated with 
 the beaks of ships like the rostra in the fonmi 
 (Plin. xvi. 4), as seen in a medal of Agi'ippa 
 (Tristan. Cumuient. Historiq. dcs Fmpereurs, torn. 
 i. p. 131) ; the other (navalis), with a representa- 
 tion of the entire bow, as shown in the subjoined 
 woodcut. (Guichard. De Aniiq. Trimnph. p. 267.) 
 
 The Athenians likewise bestowed golden crowns 
 for naval services ; sometimes upon the person who 
 got his trireme first equipped, and at others upon 
 the captain who had his vessel in tlie best order. 
 (Demosth. Da Coron. Praef. Nat: p. 278, 279. 
 ed. Schaeffer.) 
 
 IV. Corona Muralis. The first man wlio 
 scaled the wall of a besieged city was presented 
 by his commander with a mural crown. (Aul. Gell. 
 V. 6. 4 ; Liv. xxvi. 48.) It was made of gold, and 
 decorated with turrets (mttri jrinnis, Aul. Gell. /.c), 
 as represented in the next woodcut (Guichard. 
 De Antiq. TriumpI/. p. 265) ; and being one of the 
 highest orders of military decorations, was not 
 awarded to a claimant until after a strict investi- 
 gation. (Liv. I. c. ; compare Suet. Any. 25.) 
 
 Cybele is always represented with this crown 
 upon her head (Lucret. ii. 607.610; 0\ \<i.. Fast. 
 iv. 219; com]iarc X'ng. Aen. x. 253; vi. 786); 
 but in the woodcut annexed (Caylus, Recaeil 
 d'' Antiq. vol. V. pi. 3) the form of the crown is 
 very reniarkalile, for it includes the whole tower as 
 v/ell as the turrets, thus affording a curious specimen 
 of the ancient style of fortification. 
 
CORONA. 
 
 CORONA. 
 
 289 
 
 V. Corona Castrenssis or Vat.laris. The 
 Brst soldier who surmounted tlie ralhim, and forced 
 eutraiu-e into theenemy's c;unp,\v;\s, in like in;in- 
 ner, presented with .a golden crown, called corona 
 rlreiisis or ralluris ( Aiil. Gell. v. G. .5 ; compare 
 Val. Max. i. 8. 6), which was ornamented with 
 ;lie palisades {ralli) used in fonning an entrench- 
 ment, as represented in tlie annexed woodcut. 
 Guichard. De Aniiq. Triumph, p. "JUG.) 
 
 
 r 
 
 
 
 
 
 
 
 VI. Corona Triumphalis. There were three 
 lOrts of triumphal crowns, the first of which was 
 worn round the head of the commander during his 
 triiunph. It was made with laurel or bav leaves 
 (Aul. Gell. V. C, ; Ovid. rent. ii. ii. 81 Tibull. 
 I. vii. 7), which plant is freijuently met with on 
 the ancient coins, both with the hemes and with- 
 out them. It was the latter kind, according to 
 Pliny (//. A'; xv. 39), which was used in the tri- 
 umph, as is shown in the annexed woodcut, from 
 a medal which commemorates the Parthian tri- 
 
 umph of Ventidius, the lieutenant of Antony. 
 (Goltz. Hist Cues, xlviii. 2.) Being the most 
 honourable of the three, it was termed laurea in- 
 signis (Liv. vii. 1.3) and insitjnis corona triumpladis. 
 
 The second one was of gold, often enriched with 
 jewels, which being too large and massive to be 
 worn, was held over the head of the general duiing 
 
 his triumph, by a public officer {scrrns jmhlicus, 
 Juv. Sat. X. 41). This crown, as well as the 
 former one, was presented to the victorious general 
 by his army. 
 
 Tlie tliird kind, likewise of gold and great value, 
 was sent as presents from the provinces to the 
 commander, as soon as a triumph had been de- 
 creed to him (Plut. Paul. Acmil. 34), and there- 
 fore they were also termed proriiicialcs. (Tertull. 
 Dc Coron. Mil. c. 1 3.) In the early ages of repub- 
 lican virtue and valour, these were gratuitous pre- 
 sents ; but before the extinction of the republic, 
 they were exacted as a tribute under the name 
 of aurum corotiarium, to which none were entitled 
 but those to whom a triumph had been decreed. 
 [At'RUM Coronarium.] The custom of present- 
 ing golden crowns from the provinces to victorious 
 generals was likewise in use amongst the Greeks, 
 for they were profusely lavished upon Alexander 
 after his conquest of Darius. (Athen. xii. 54.) 
 
 VII. Corona Ovalis was anotlier crown of less 
 estimation, appropriated solely to commanders. It 
 was given to those who merely deserved an ovation, 
 which happened when the war was not duly de- 
 clared, or was carried on against a very inferior force, 
 or with persons not considered by the laws of na- 
 tions as lawful enemies, such as slaves and pirates ; 
 or when the victory was obtained without danger, 
 difficidty, or bloodshed (Aul. Gell. v. 6 ; Festus, 
 s. r. Oralis Corona) ; on which account it was made 
 of myrtle the shrub sacred to Venus, " Quod non 
 Afaiiius,sei quasi I>«f ;-/.s-quidani triumphus foret." 
 (Aul. Gell. /. c. ; Plutarch. iMaro-ll. S'J ; compare 
 Plin. H.N. XV. 3.0 ; Dionys. v. 47.) The myrtle 
 crown is shown in the woodcut annexed, from a 
 medal of Augustus Caesar. (Goltz. Hist. Cues. 
 xvi.20.) 
 
 VIII. Corona Oleagina. This was likewise 
 an honorary wreath, made of the olive leaf, and 
 conferred upon the soldiers as well as their com- 
 manders. According to (iellius (v. (i), it was 
 given to any person or persons through whose in- 
 strumentality a triumph had been obtained, but 
 wlien they were not personally present in the ac- 
 tion. It is represented in tlu' next woodcut, from 
 a medal of Lepidus (Goltz. Hist. Cues, xxxiii. 5), 
 and was conferred both hj Augustus and the 
 senate upon the soldiery on several occasions. (Dion. 
 Cass. xlix. 14 ; xlvi. 40.) 
 
 Golden crowns, without any particular designa- 
 tion, were frequently presented out of compliment 
 by one individual to another, and by a general to 
 a soldier who had in anv way distinguished him- 
 self. (Liv. vii. 10. 37 Tx. 44; xxx. 15.) 
 
 u 
 
290 CORONA. 
 
 The Greeks in general made but little use of 
 crowns as rewards of valour in the earlier and 
 better periods of their history, except as prizes in 
 the athletic contests ; but previous to the time of 
 Alexander, crowns of gold were profusely distri- 
 buted, amongst the Athenians at least, for every 
 trifling feat, whether civil, naval, or military 
 (Acsch. c. Cti'sipli. ; Demosth. De Cornv. passim), 
 which, though lavished without much discrimina- 
 tion as far as regards the character of the receiving 
 parties, were still subjected to certain legal re- 
 strictions in respect of the time, place, and mode in 
 which they were conferred. They could not be 
 presented but in the public assemblies, and with 
 the consent, that is by suffrage, of the people, or 
 by the senators in their council, or by the tribes 
 to their own memljers, or by the Srinorat to mem- 
 bers of their own Srjfios. According to the state- 
 ment of Aeschines, the people could not lawfully 
 present crowns in anyplace except in their assembly, 
 nor the senators except in the senate-house ; nor, 
 according to the same authority, in the theatre, which 
 is, however, denied by Demosthenes ; nor at the 
 public games, and if any crier there proclaimed the 
 crowns he was subject to ariyuia. Neither could 
 any person holding an office receive a crown whilst 
 he was virevBvvos, that is, before he had passed 
 his accounts. Rut crowns were sometimes pre- 
 sented by foreign cities to particular citizens, which 
 were tenned (Trecpdvoi |ec(/coi', coronae Imspitales. 
 This, however, could not be done until the ambas- 
 sadors from those cities had obtained permission 
 from the people, and the party for whom the honour 
 was intended had undergone a public investigation, 
 m which the wliole course of his life was submitted 
 to a strict inquiry. (Aesch. c. Clesiph. ; Demosth. 
 Pro Coron.) 
 
 The principal regulations at Rome respecting 
 these honours, have been already mentioned in the 
 account of the different crowns to which they ap- 
 plied. 
 
 We now proceed to the second class of crowns, 
 which were emblematical and not honorary, at 
 least to the person who wore them, and the adop- 
 tion of which was not regulated by law, but custom. 
 Of these there were also several kinds. 
 
 I. Corona Sacerdotalis, so called by Ammi- 
 anus MarceUinus (xxix. S. § 6). It was worn by 
 the priests (saccrdotes), with the exception of the 
 pontifex Maximus and his minister {camillus), as 
 well as the bystanders, when officiating at the 
 sacrifice. It does not appear to have been confined 
 to any one material, but was sometimes made of olive 
 (see the preceding woodcut ; Stat. Tlieb. iii. 466), 
 
 CORONA. I 
 
 sometimes of gold (Prudent. ITepl 'S.rkcp. x. 1011 ;' 
 
 TertuU. De Idol. 18), and sometimes of the ears 
 of com, then termed corona spicea, which kind 
 was the most ancient one amongst the Romans 
 (Plin. H. N. xviii. 2), and was consecrated to 
 Ceres (Hor. Carm. Sec. 30 ; Tibull. ii. 1. 4 ; i. 1. 
 15), before whose temples it was customarily sus- 
 pended. (Tibull. i. 1. 16 ; compare Apul. Met. vi. 
 p. 110. Varior.) It was likewise regarded as an 
 emblem of peace (Tibull. i. 10, 67), in which 
 character it appears in the subjoined medal, which 
 commemorates the conclusion of the civil war be- 
 tween Antony and D. Albinus Brutus. (Goltz. 
 Hint. Cues. xxii. 2.) 
 
 II. Corona Funebris and Sepulchralis. 
 The Greeks first set the example of crowning the 
 dead with chaplets of leaves and flowers (Eur. 
 Phoen. 1647 ; Schol. ad luc.), which was imitated 
 by the Romans. It was also provided by a law 
 of the Twelve Tables, that any person who had 
 acquired a crown might have it placed upon his 
 head when carried out in the funereal procession. 
 (Cic. De Leg. ii. 24 ; Plin. H. N. xxi. 5.) Gar 
 lands of flowers were also placed upon the bier, oi 
 scattered from the windows under which the pro- 
 cession passed (Plin. //. iV. xxi. 7 ; Dionys. xi 
 39), or entwined about the cinerary urn (Plut 
 Mareell. 30 ; Demetr. 53), or as a decoration t( 
 the tomb (Plin. H. N. xxi. 3 ; Ovid. Trist. in. ii 
 82; Tibull. Ii. iv. 48). In Greece these crown; 
 were commonly made of parsley {criXiVov). (Suidas 
 s. ; Plut. TimoL 26.) 
 
 III. Corona CoNviviALis. The use of chaplet 
 at festive entertainments sprung likewise fron 
 Greece, and owe their origin to the practice o 
 t^'ing a woollen fillet tight round the head, for thi 
 purpose of mitigating the effects of intoxication 
 (Aristotle, Erotic, apud Allien, xv. 16.) Thu 
 IMercury in the Amphitryon (iii. iv. 16), whei 
 he is about to sham drunk, says, " Capiam coro 
 nam mihi in caput, assimilabo rae esse ebrium.' 
 But as luxury increased they were made of variou 
 flowers or shrubs, such as were supposed to preven 
 intoxication ; of roses (which were the choicest) 
 violets, myrtle, ivy, pldlyra, and even parsley 
 (Mart. Epi(f. xiii. 127; Hor. Carm. n. vii. 24 
 Sat. II. iii. 256, Carm. i. xxxviii. 2 ; Juv. Sat. ^ 
 36; Virg. Eclog. vi. 16 ; Ovid. Fast. v. 335. 337 
 341 ; Tacit. Ann. ii. 57 ; Capitolin. Verus, S. 
 The Romans were not allowed to wear thes 
 crowns in public, " in usu promiscuo," which wa 
 contrary to the practice of the Greeks, and thosi 
 who attempted to do so were punished with im 
 prisonment. (Plin. //. N. xxi. 6 ; compare Hoi 
 Sat. 11. iii. 256 ; Val. Max. vi. 9. ext. 1.) 
 
 IV. Corona Nuptialis. The bridal wreath 
 (TT€(t>os yafi-^Kiov (Bion. Idyll, i. 88), was also o 
 Greek origin, amongst whom it was made of flower 
 
CORONA. 
 
 plucked by the bride herself, and not bought, 
 which was of ill omen. (Alex, ab Alex. ii. 5.) 
 Amongst the Romans it was made of verbena, also 
 
 f gathered by tlie bride herself, and worn under the 
 flammeum (Festus, s. v. Corolla) with which the 
 bride was always enveloped. (Catull. Ixi. 6. 8 ; 
 Cic. De. Oral. iii. .58.) The bridegroom also wore 
 a chaplet (TertuU. De Coro7t. Mil. c. 13 ; Claud. 
 Niipt. Honor, et Mar. 202; Plaut. Cas. iv. 1. 9). 
 
 The doors of his house were likewise decorated 
 with garlands (Catull. Ixiv. 294 ; Juv. Sat. vi. 51. 
 
 ■ 227), and also the bridal couch (ApoUon. iv. 1 143). 
 V. Corona Natalitia, the chaplet suspended 
 over the door of the vestibule, both in the houses 
 of Athens and Rome, in which a child was bom. 
 (Juv. Sat. ix. 85 ; Meursius, Attic. Led. iv. 10.) 
 At Athens, when the infant was male, the crown 
 was made of olive ; when female, of wool (Hesych. 
 5. V. '2iTi<pavos) ; at Rome it was of laurel, ivy, or 
 parsley (Bartholin. De Pmrp. p. 127). 
 
 Besides the crowns enumerated, there were a 
 few others of specific denominations, which re- 
 ceived their names either from the materials of 
 which, or the manner in which, they were com- 
 posed. These were — ■ 
 
 I. Corona Longa (Cic. De Leg. 24 ; Ovid. 
 Ftid. iv. 738), which are commonly thought to re- 
 semble what we call festoons., and as such seem to 
 have been chiefly used to decorate tombs, curule 
 chairs, triumphal cars, houses, &c. But the word 
 must have had a more precise meaning, and was 
 probably called longa from its greater size, and 
 meant a circular string of anything, like the 
 " rosary" used by the lower orders in Catholic 
 countries to reckon up their prayers, which in Italy 
 is stiU called la corona, doubtless tracing its origin 
 to the corona longa of their heathen ancestors, to 
 which description it answers exactly. 
 
 II. Corona Etrusca was a golden crown, 
 made to imitate the crown of oak leaves, studded 
 with gems, and decorated with ribbons {Icmnisci) 
 or ties of gold. (Plin. //. N. xxi. 4 ; xxxiii. 4.) 
 Any crown fastened with these ribbons, whether 
 real or artificially represented, was also termed 
 corona hmniscata, a specimen of which is given 
 by Caylus {Recueil irAntiq. vol. v. pi. 57. No. 3). 
 
 III. Corona Pactilis (Plin. //. N. xxi. 8), 
 probably the same as the corona plcctilis of Plautus 
 (^Baccli. I. i. 37), corona torta (Propert. iii. 20. 18. 
 ed. Kuinoel), plem (Aul. Gell. xviii. 2), a'Te<pdvoi 
 irKeKTo'i (Xen. Coloph. ap Aihen. xv. 22), and 
 KuAiaTos (TTfipdvos (Eubulus Comicus, I.e.). It 
 was made of flowers, shrubs, grass, ivy, wool, or 
 any flexible material twisted together. 
 
 IV". Corona Sutilis, the crown used by the 
 Salii at their festivals. (Plin. H. N. xxi. 8.) It 
 was made in the first instance of any kind of 
 flowers sowed together, instead of being wreathed 
 with their leaves and stalks ; but subsequently it 
 was confined to the rose only, the choicest leaves 
 of which were selected from the whole flower, and 
 sowed together by a skilful hand, so as to form an 
 elegant chaplet. (Plin. /. e.) 
 
 V. Corona Tonsa or Tonsilis (Virg. Aen. v. 
 556) was made of leaves only, of the olive or 
 laurel for instance (Serv. ad Virg. Georg. iii. 21), 
 and so called in distinction to nexilis and others, in 
 which the whole branch was inserted. 
 
 VI. Corona Radiata (Stat. Thcb. i. 28) was 
 the one given to the gods and deified heroes, and 
 assumed by some of the emperors, as a token of 
 
 CORPUS JURIS CIVILIS. 291 
 
 their divinity. It may be seen on the coins of 
 Trajan, Caligula, M. Aurelius, Valerius Probus, 
 Theodosius, &c., and is given in the woodcut an- 
 nexed, from a medal of Mark Antony. (Goltz. 
 Hist. Caes. xlvi. 3.) 
 
 VII. The crown of vine leaves (pampinea) was 
 appropriated to Bacchus (Hor. Carm. iii. xxv. 20 ; 
 IV. viii. 33), and considered a sjTnbol of ripeness 
 approaching to decay ; whence the Roman knight, 
 when he saw Claudius with such a crown upon his 
 head, augured that he would not survive the 
 autumn. (Tacit. Ann. xi. 4 ; compare Artemidor. 
 i. 79.) [A. R.] 
 
 CORPUS. [Collegium.] 
 
 CORPUS JURIS CIVI'LIS. The three 
 great compilations of Justinian, the Institutes, the 
 Pandects, and the Code, together with the Novellae, 
 form one body of law, and were considered as such 
 by the glossatores, who divided it into five volu- 
 mina. The Pandects were distributed into three 
 volumina, under the respective names of Digestum 
 Vetus, Infortiatum, and Digestum Novum. The 
 fourth volume contained the first nine books of the 
 Codex Repetitae Praelectionis. The fifth volume 
 contained the Institutes, the Liber Authenticorum 
 or Novellae, and the three last books of the Codex. 
 The division into five volumina appears in the 
 oldest editions ; but the usual arrangement now is, 
 the Institutes, Pandects, the Codex, and Novellae. 
 The name Corpus Juris Civilis was not given to 
 this collection by Justinian, nor by any of the 
 glossatores. Savigny asserts that the name was 
 used in the twelfth century : at any rate, it be- 
 came common from the date of the edition of D. 
 Gothofredus of 1G04. 
 
 Most editions of the Corpus also contain the 
 following matter : — Thirteen edicts of Justinian, five 
 constitutions jf Justin the 3'ounger, several consti- 
 tutions of Tiberius the younger, a series of consti- 
 tutions of Justinian, Justin, and Tiberius; 113 
 Novellae of Leo, a constitution of Zeno, and a 
 number of constitutions of different emperors, under 
 the name of BaaiKiKoL Atard^ns or Imperatoriae 
 Constitutiones ; the Canones Sanctorum et vene- 
 randorum Apostolorum, Libri Feudorum, a constitu- 
 tion of the emperor Frederick II., two of the 
 emperor Henry VII. called Extra vagantes, and a 
 Liber de pace Constaiitiae. Some editions also 
 contain the fragments of the Twelve Tables, of the 
 praetorian edict, &c. 
 
 Some editions of the Corpus Juris are published 
 with the glossae, and some without. The latest 
 edition with the glossae is that of J. Fehius, Lugd. 
 1627, six vols, folio. Of the editions without the 
 glossae, the most important are — that of Russardus, 
 
 u 2 
 
292 
 
 KOPT'BANTES. 
 
 CORVUS. 
 
 Lun;d. 1561, 2 vols, folio, wliich was several times re- 
 printed ; Contius, Lugd. 1.571 and l.'jiil, 1.5 vols. 
 12mo ; Lud. Cliarondae, Antw. 1,57.5, folio ; Dionys. 
 Gothofrcdi, Lugd. 1.583, 4to, of which there are 
 various editions ; one of the best is that of Sim. 
 Van Leuwen, Amst. 1663, folio ; G. dir. Gebaueri, 
 cura G. Aug. Spangenberg, Goetting. 1776 — 1797, 
 2 vols. 4to ; Schrader, of which only the Institutes 
 are yet published. [G. L.] 
 
 CORTI'NA, in its primary sense, a large 
 circular vessel for containing liquids, and used in 
 dyeing wool (Plin. //. A^. ix. 62), and receiving 
 oil when it first flows from the press. (Cato, De 
 Me li/ixt. 66.) 
 
 II. CoRTi.\'.\ also signified a vase in which 
 water was caiTied round the circus during the 
 games (Plaut. Poen. v. v. 2), as some think, for 
 the refreshment of the spectators in the cavea ; but 
 more probably to be used in the course, when re- 
 quired either for the horses, drivers, or attendants ; 
 which interpretation gains confinnation from the 
 ancient bas-reliefs, in most of which men or 
 children are represented with a water jug in their 
 hands attending the course, as represented in the 
 woodcut in page 230, in which two of the children 
 thrown down by the horses are furnished with a 
 vessel of tliis kind. 
 
 III. Cortina was also the name of the table or 
 hollow slab, supported by a tripod, upon wliich the 
 priestess at Delphi sat to deliver her responses ; 
 and hence the word is used for the oracle itself. 
 (Virg. Acn. vi. 347.) The Romans made tables of 
 marble or bronze after the pattern of the Delphian 
 tripod, which they used as we do our sideboards, 
 for the purpose of displaying their plate at an 
 entertainment, or the valuables contained in their 
 temples, as is still done in Catholic countries upon 
 the altars. These were termed coiiiiiue DclpJiicae, 
 or Delphicae simply. (Plin. //. A^. xxxiv. 8 ; Schol. 
 ad Hor. Sat. i. vi. 116; Mart. xii. 66. 7 ; Suet. 
 Aug. 52.) 
 
 IV. From the conical form of the vessel which 
 contains the first notion of the word, it came also 
 to signify the vaulted part of a theatre over the 
 stage (Hi(/-r/nj cortina thealri., Sever, in Aclu. 294), 
 such as is in the Odeium of Pericles, the shape of 
 whicli we are expressly told was made to imitate 
 the tent of Xerxes (Pans. i. 20. § 3 ; Plutarch. 
 Perid. 1 3) ; and thence metaphorically for any- 
 thing whicii bore the appearance of a dome, as the 
 vault of heaven (Ennius, a]'>. Vurr. De Lvui.lMt. 
 viii. 48. ed. Miiller) ; or of a circle, as a group of 
 listeners surrounding any object of attraction. 
 (Tacit. De Ond. 19.) [A. R.] 
 
 KOPT'BANTES. The history and explanation 
 of the deities bearing this name, in the early 
 mythology of Greece, cannot be given in this place, 
 as it would lead us to enter into histinical and 
 mythological questions beyond the limits of this 
 Dictionary. The corybantes, of whom we have to 
 speak here, were the ministers or priests of Rhea 
 or Cybele, the great mother of the gods, who was 
 worshipped in Phrjgia. In their solemn festivals 
 they displayed the most extravagant fury in their 
 dances in annour, as well as in the accompanying 
 music of flutes, cymbals, and drums. (Strab. x. 3. 
 p. 367. ed. Tauchnitz.) Hence KopvSavri(Tfi6s 
 was the name given to an imaginary disease, in 
 which persons felt as if some great noise was 
 rattling in their ears. (Plato, Criio. p. 54. d., with 
 Stallbaum's note.) [L. S.] 
 
 KOPTBANTIKA', a festival and mysteries cele- 
 brated at Cnossus in Crete, in commemoration of 
 one Corybas (Strab. x. 3. p. 365. ed. Tauclmitz), 
 who, in common with the Curetes, brought up 
 Zeus and concealed him from his father Cronos iu 
 that island. Other accounts say that the Cory- 
 bantes, nine in number, independent of the Curetes, 
 saved and educated Zeus ; a third legend (Cic. De 
 Nat. Deiii: iii. 23) states that Corybas was the 
 father of the Cretan Apollo who disputed the so- 
 vereignty of the island with Zeus. But to which 
 of these traditions the festival of the corybantica 
 owed its origin is uncertain, although tlie first, 
 which was current in Crete itself, seems to be best 
 entitled to the honour. All we know of the 
 corybantica is, that tlie person to be initiated was 
 seated on a throne, and that those who initiated 
 him formed a circle and danced around him. This 
 part of the solemnity was called Sipivwats or bpo- 
 viffids. (Plato, Euthjdem. p. 277. D. ; Dion Chry- 
 snst. Omt. xii. p. 387 ; Proclus, Theol. Plat. 
 vi. 1 3.) [L. S.] 
 
 KO'PTMBOS was a particular mode of wearing 
 the hair amongst the Greek women, which is ex- 
 plained in the article Coma (p. 268). The follow- 
 ing woodcut, taken from Millingen {Peintures 
 Aiiti<jucs. plate 40), represents a woman whose hair 
 is di-essed in this manner. 
 
 Corj/mhium is used in a similar sense by Petro- 
 nius (c. 1 10). 
 
 KO'PTS. [Galea.] 
 
 CORVUS, a sort of crane, used by C. Duilius 
 against the Carthaginian fleet in the battle finight 
 off Mylae, in Sicily (h. c. 260). The Romans, we 
 are told, being unused to the sea, saw that their 
 only chance of victory was by bringing a sea-fight 
 to resemble one on land. For this purpose they 
 invented a macliine, of which Poly bins (i. 22) has 
 left a minute, although not very perspicuous, de- 
 scription. In the fore part of the ship a round pole 
 was fixed perpendicularly, twenty-four feet in height 
 and about nine inches in diameter ; at the top of this 
 
CORYTOS. 
 
 COSMI. 
 
 293 
 
 was a pivot, upon which a ladder was sot, thirty-six 
 feet in lengtli and four in breadth. The ladder was 
 guarded by cross-be;mis, fastened to the upright 
 pole by a ring of wood, which turned with the 
 pivot above. Along the ladder a rope was passed, 
 one end of which took hold of the corvus by means 
 of a ring. The corvus itself was a strong piece of 
 iron, with a spike at the end, which was raised or 
 lowered by drawing in or letting out the rope. 
 ^\'hen an enemy's ship drew near, the machine was 
 tiu'ued outwards, by means of the pivot, in the 
 direction of the assailant. Another part of the 
 machine which Polj'bius has not clearly described 
 is a breastwork, let down (as it would seem) from 
 the ladder, and serving as a bridge, on which to 
 board the enemy's vessel. (Compare Curtius, iv. 2. 
 4.) By means of these cranes the Carthaginian 
 ships were either broken or closely locked with the 
 lionian, and Duilius gained a complete victory. 
 
 The word corvus is also appli;'d to various kinds 
 of grappling-hooks, such as the corvus demolitur, 
 mentioned by Vitruvius (x. 1!)) for pulling down 
 walls, or the terrible engine spoken of by Tacitus 
 (His. iv. 30), which being fixed on the walls of a 
 fortified place, and suddenly let down, carried oflF 
 one of the besieging part)', and then by a turn of 
 tlie machine put him down within the walls. The 
 word is used by Celsus for a scalpel. It is hardly 
 necessary to remark that all these meanings have 
 tlieir origin in the supposed resemblance of the 
 various instruments to the beak of a raven. [B.J.] 
 
 CORY'TOS or CORY'TUS {yo)pvT6s, Kwpv- 
 To's), a bow-case. This was worn suspended by a 
 belt [Balteus] over the right shoulder (Virg. 
 Ar/i. X. 168 ; Serv. ad he), and it frequently held 
 the arrows as well as the bow {sfuiittifcri coryti, 
 Sil. Ital. XV. 77(J). On this account it is often con- 
 founded with the Pharetra or quiver. 
 
 It is generally carried by the amied Persians, 
 who are represented on the Persepolitan bas-reliefs ; 
 and in this, as in many other respects, we observe 
 the agi'cement between them and the European 
 nations situated to the north of the Euxine sea : — 
 " In quibus est nemo, qui non coryton et arcum 
 Telaque vipereo luiida felle gerat." 
 
 Ovid, Trist. v. vii. 1.5. 
 
 Though its use was comparatively rare among 
 
 the Greeks and Romans, we find it exhibited in a 
 bas-relief in the Museo Pio-Clementino ( Tom. iv. 
 fav. 43), which adorned the front of a temple of 
 Hercules near Tibur. [Arcus.] This bow-case 
 seems to be of leather. See the preceding wood- 
 cut. [J. Y.] 
 
 COSME'TAE, a class of slaves among the Ro- 
 mans, whose duty it was to dress and adorn ladies. 
 (Juv. Sat. vi. 47(;.) Some writers on antiquities, 
 and among them Biittiger in his Sabina (i. '22), 
 have supposed that the cosmetae were female 
 slaves, but the passage of Juvenal is alone suffi- 
 cient to refute this opinion ; for it was not cus- 
 tomary for female slaves to take oft" their tunics 
 when a punishment was to be inflicted upon them. 
 There was, indeed, a class of female slaves who 
 were employed for the same purposes as the cos- 
 metae ; but they were called cosiitelruu;, a name 
 which Naevius chose as the title for one of his 
 comedies. (See Varro, De. Lit/;/. Lett. vi. 3. p. 92. 
 ed. Bip., where cos7iictrui is to be read instead 
 of cosiHotria, and Heindorf, cul Horat. Sat. I. 
 ii. m.) [L. S.J 
 
 COSMI (/coff/ioi). The social and political insti- 
 tutions ofCrete were so completely Dorian in charac- 
 ter, and so similar to the Spartan, that it was a dis- 
 puted pointamongst the ancients whether the Spartan 
 constitution had its origin there, or the Cretan was 
 transferred from Laconia to Crete. The historian 
 Ephorus ((//I. Strab. x. 4) expressly states that the 
 Spartan institutions had their origin in Crete, but 
 were perfected and completed in Sparta ; so that 
 there is good reason for the assertion of MUUer 
 {Dorians, iii. 1. § 8), " that the constitution 
 founded on the principles of the Doric race, was 
 there first moulded into a consistent shape, but 
 even in a more simple and antiquated form than 
 in Sparta at a subsequent period." Thus nmch, at 
 any rate, we know fiir certain, that there were 
 various Dorian cities in the island, the political 
 arrangements of which so closely resembled each 
 other, that one form of government was ascribed to 
 all. (Thiriwall, Hist. Greece, i. 284.) In the 
 earliest ages of which we have historical inform- 
 ation, this was an aristocracy consisting of three 
 component bodies, the cosmi, the gemsia, and the 
 ecclesia. The cosmi were ten in number, and are 
 by Aristotle, Ephorus, and Cicero (De Rep. ii. 33) 
 compared to the ephors at Sparta. MUller, how- 
 ever (iii. 8. § 1) compares them with the Spartan 
 kings, and supposes them to have succeeded to the 
 functions of the kingly office; wiiieh Aristotle 
 (probably alluding to the age of Minos) tells us 
 was at one time established in Crete. These cosmi 
 were ten in niunber, and chosen not from the body 
 of the people, but from certain yivr) or houses, 
 which were probably of more pure Doric or Achaian 
 descent than their neighbours. The first of them 
 in rank was called protocosmus, and gave his name 
 to the year. They conmianded in war, and also 
 conducted the business of the state with the repre- 
 sentatives and ambassadors of other cities. With 
 respect to the domestic government of the state, 
 they appear to have exercised a joint authority 
 with the members of the yepovaia, as they are 
 said to have consulted with them on the most im- 
 portant matters. (Ephor. <ip. Stni/i. x. 4.) In the 
 times subsequent to the age of Alexander, they 
 also performed certain duties which bore a resem- 
 blance to the introduction of the lawsuits into 
 court, by the Athenian magistrates. (MUller, I.e.) 
 
294 
 
 COSMI. 
 
 COTHURNUS. 
 
 Their period of office was a year ; but any of 
 them during that time might resign, and was 
 also liable to deposition by his colleagues. In some 
 cases, too, they might be indicted for neglect of 
 their duties. On the whole, we may conclude that 
 they formed the executive and chief power in most 
 of the cities of Crete. 
 
 The yepovcr'ia, or council of elders, called by the 
 Cretans fiovKri, consisted, according to Aristotle 
 {Polii. ii. 7 ), of thirty members who had formerly 
 been cosmi, and were in other respects approved of 
 (to dwd SoKi/xoi Kpivofiivoi, Ephor.a/).6Yra6. Z.c). 
 They retained their office for life, and are said to 
 have decided in all matters that came before them, 
 according to their own judgment, and not agree- 
 ably to an}' fixed code of laws. They are also said 
 to have been irresponsible, which, however, hardly 
 implies that they were independent of the " un- 
 written law" of custom and usage, or uninfluenced 
 by any fixed principles. (Thirlwall, Hisi. Greece, 
 i. 186.) On important occasions, as we have be- 
 fore remarked, they were |uftgoii\oi, or council- 
 lors of the cosmi. 
 
 The democratic element of the ecclesia was al- 
 most powerless in the constitution ; its privileges, 
 too, seem to have been merely a matter of form ; 
 for, as Aristotle observes, it exercised no function 
 of government, except ratifjnng the decrees of the 
 yepovTfs and the Koafioi. It is, indeed, not im- 
 probable that it was only summoned to give its 
 sanction to these decrees ; and though this may 
 appear to imply the power of withholding assent, 
 still the force of habit and custom would prevent 
 such an alternative being attempted, or, perhaps, 
 even thought of. (Thiriwall, i. 286 ; Goettling, 
 Ejviirsus ad Arintot. ii. 7.) 
 
 From these observations, it is clear that the 
 Cretan constitution was formerly a Dorian aristo- 
 cracy', which, in the age of Aristotle, had degene- 
 rated to what he calls a Sucocrreia, i. e. a govern- 
 ment vested in a few privileged families. These 
 quarrelled one amongst the other, and raised fac- 
 tions or parties, in which the demus joined, so that 
 the constitution was frequently broken up, and a 
 temporary monarchy, or rather anarchy, establish- 
 ed on its ruins. The cosmi were, in fact, often 
 deposed by the most powerful citizens, when the 
 latter wished to impede the course of justice 
 against themselves (/j-rj Sovvai Si'kos), and an 
 aKoa-fiia then ensued, without any legal magis- 
 trates at the head of the state. 
 
 In the time of Polybius, the power of the aris- 
 tocracy had been completely overthrown ; for he 
 tells us that the election of the magistrates was 
 annual, and detennined by democratical principles. 
 (Polyb. vi. 44.) In other respects also, he points 
 out a dift'erence between the institutions of Crete 
 and those of Lycurgus at Sparta, to which they 
 had been compared by other writers. 
 
 Miiller observes that the cosmi were, so far as 
 we know, the chief magistrates in all the cities of 
 Crete, and that the constitution of these cities was 
 in all essential points the same — a proof that their 
 political institutions were determined by the prin- 
 ciples of the governing, e. the Doric, race. 
 
 We will now briefly explain some of the social 
 relations of the Cretans, which were almost identi- 
 cal with those of the Spartans. 
 
 The inhabitants of the Dorian part of the island 
 were divided into three classes, the freemen, the 
 perioeci or dn-qKooi, and the slaves. The second 
 
 class was as old as the time of Minos, and was 
 undoubtedly composed of the descendants of the 
 conquered population ; they lived in the rural 
 districts, round the iroAfis of the conquerors ; and, 
 though personally free, yet exercised none of the 
 privileges or influence of citizens, either in the 
 administration and enactment of the laws, or the 
 use of heavy arms. They occupied certain lands, 
 for which they paid a yearly tribute or rent, sup- 
 posed, from a statement in Athenaeus (iv. 1 43), 
 to have been an Aeginetic stater.* 
 
 The slaves were divided into two classes, the 
 public bondsmen (77 Koivri Sou^eia), and the slaves 
 of individuals. The foimer were called the fivua, 
 fivoia, ixvuiia, or Mivwio avvohos : the latter, o(|)<i- 
 HiwTai, or KKaporrai. The d<pap.i£Tai were so 
 named from the cultivation of the lots of land, or 
 d<paij.iat, assigned to private citizens, and were 
 therefore agricultural bondsmen (oi kot' dypov, 
 Sosicr. apud Ailienaeum, vi. 263). The fivoia was 
 distinguished, by more precise writers, both from 
 the perioeci and the aphamiotae ; so that it has 
 been concluded that every state in Crete possessed 
 a public domain, cultivated by the mnotae, just as 
 the private allotments were by the bondsmen of 
 the individual proprietors. We would here ob- 
 serve, with Mr. Thirlwall, that the word fn/oia 
 is more probably connected with ijxSs than Minos. 
 
 The origin of the class called fivoia, and the 
 KKapurai, was probably twofold ; for the analogy 
 of other cases would lead us to suppose that they 
 consisted partly of the slaves of the conquered 
 freemen of the country, and partly of such freemen 
 as rose against the conquerors, and were by them 
 reduced to bondage. But besides these, there was 
 also a class of household servants employed in 
 menial labours, and called xpufMi'l'roi : they were, 
 as their name denotes, purchased, and imported 
 from foreign countries. [R. W — N.] 
 
 COTHU'RNUS {K6eopvos), a boot. This was 
 a particular kind of covering for the foot, included 
 under the general term Calceus ; whence Pliny 
 says {H. N. vii. 20), calccaius i-othurnis, i. e. wear- 
 ing boots. Its essential distinction was its height ; 
 it rose above the middle of the leg, so as to sur- 
 round the calf {alte suras rinclre coihurno, Virg. 
 Aen. i. 337), and sometimes it reached as high as 
 the knees. (Millin, Vases Aid. vol. i. pi. 19 and 72.) 
 It was woni principally by horscinen, by hunters, 
 and by men of rank and authority. The ancient 
 marbles, representing these different characters, 
 show that the cothurnus was often ornamented in 
 a very tasteful and elaborate manner. The boots 
 of the ancients were laced in fi'ont, and it was the 
 object in so doing to make them fit the leg as 
 closely as possible. The paws and head of the 
 wild animals out of whose hide they were made, 
 sometimes turned down like flaps on the side of the 
 wearer's leg. The skin or leather was dyed purple 
 {purpuri-o cothurno, Virg. I. c; Ed. vii. 32. viii. 
 10), or of other splendid colours. The patricians 
 of Rome wore a small ivory crescent (fajia) attached 
 to their boots. 
 
 It is evident from the various representations of 
 the cothurnus in ancient statues, that its sole was 
 commonly of the ordinary thickness. But it was 
 
 * The expression of Dosiadas, tvv SovKuv 
 eKoffTos, probably refers to the perioeci, SovKoi 
 being used as a generic term for those who were 
 not full and free citizens. 
 
KO'TTABOS. 
 
 KO'TTABOS. 
 
 295 
 
 sometimes made much thicker than usual, probably 
 
 '. by the insertion of slices of cork. (Serv. in Virg. 
 
 : Ed. II. cc.) The object was to add to the appa- 
 rent stature of the wearer; and this was done 
 either in the case of women who were not so tall 
 as they wished to appear (Juv. Sat. vi. 507), or of 
 the actors in Athenian tragedy, who assumed the 
 cothurnus as a grand and dignified species of cal- 
 
 , ceamentum, and had the soles made unusually 
 thick as one of the methods adopted in order to 
 
 ,' magnify their whole appearance. (Virg. Ed. viii. 
 
 j 10 ; Hop. Sat. I. v. 64 ; Ars Pott. 280.) Hence 
 tragedy in general was called cothurnus. (Juv. vi. 
 633 ; XV. 29.) 
 
 As the cothurnus was commonly worn in hunt- 
 ing, it is represented both by poets and statuaries 
 as part of the costume of Diana. (Liv. Andronicus, 
 
 ; ap. Ter. Maur; Nemesianus, Cyimg. 90.) It was 
 also attributed to Bacchus (Veil. Paterc. ii. 82), 
 
 , and to Mercury (Hamilton's Fuses, vol. iii. pi. 8). 
 The accompanying woodcut shows two cothurni 
 from statues in the Museo Pio-Clementino (vol. ii. 
 
 I pi. 15. and vol. iii. pi. 38). That on the left hand 
 
 I is from a statue of Diana Succincta, i. e. with the 
 chlamys girt round her breast, and attired for the 
 chase [Chlamys], and that on the right is from a 
 statue of the goddess Roma, agreeing with the de- 
 scription of her in Sidonius Apollinaris {Carm. 
 ii. 400.) [J. Y.] 
 
 KO'TTABOS (Ionic, KoffffaSos or ottoJSos), a 
 social game which was introduced from Sicily into 
 Greece (Athen. xv. p. 666), where it became one 
 of the favourite amusements of young people after 
 their repasts. The simplest way in which it ori- 
 ginally was played was this: — One of the com- 
 pany threw out of a goblet a certain quantity of 
 pure wine, at a certain distance, into a metal basin, 
 endeavouring to perform this exploit in such a 
 manner as not to spill any of the wine. While he 
 was doing this, he either thought of or pronounced 
 the name of his mistress {EtymoJ. Mag. s. v. 
 KoTTo§i'f'ci)), and from the more or less full and 
 pure sound with which the wine strack against the 
 metal basin, the lover drew his conclusions respect- 
 ing the attachment of the object of his love. The 
 sound, as well as the wine by which it was pro- 
 duced, were called A.aTo{ or K6Tra§os : the metal 
 basin had various names, either KOTTaStov, or kot- 
 ToSuov, or Xarayeiov, or x^^k^^ov, or X^Kavn, 
 or nKaipTi. (Pollux, vi. 109 ; Etymol. Mag. I.e. ; 
 
 Athen. xv. p. 667. sub Jin.) The action of 
 throwing the wine, and sometimes the goblet 
 itself, was called ayKvKi], because the persons en- 
 gaged in the game turned round the right hand 
 with great dexterity, on which they prided them- 
 selves. Hence Aeschylus spoke of KOTraSoi 
 a.yKvk-t]Tol. (Athen. xv. p. 667.) Tims the cot- 
 tabus, in its simplest form, was nothing but one of 
 the many methods by which lovers tried to dis- 
 cover whether their love was returned or not. 
 But this simple amusement soon assumed a variety 
 of different characters, and became, in some in- 
 stances, a regular contest, with prizes for the 
 victor. One of the most celebrated modes in 
 which it was carried on is described by Athenaeus 
 (/. c.) and in the Etymol. J\!ag., and was called 
 Si' o^v€d<pav. A basin was filled with water, with 
 small empty bowls swimming upon it. Into these 
 the young men, one after another, threw the rem- 
 nant of the wine from their goblets, and he who 
 had the good fortune to drown most of the bowls 
 obtained the prize (kottoSiov), consisting either 
 of simple cakes, sweet-meats, or sesame-cakes. 
 
 A third and more complicated form of the cot- 
 tabus is thus described b}' Suidas (s. v. KottoSi- 
 §w) : — A long piece of wood being erected on the 
 ground, another was placed upon it in an hori- 
 zontal direction, with two dishes hanging down 
 from each end ; underneath each dish a vessel fuU 
 of water was placed, in each of which stood a gilt 
 brazen statue, called fjulv-qs. Every one who took 
 part in the game stood at a distiuice, holding a cup 
 full of wine, which he endeavoured to throw into 
 one of the dishes, in order that, stnick down by 
 the weight, it might knock against the head of the 
 statue which was concealed under the water. He 
 who spilled least of the wine gained the victorj', and 
 thereby knew that he was loved by his mistress. 
 (See Schol. ad Luaan Lcaipli. 3. torn. ii. p. 325.) 
 
 A fourth kind of cottabus, which was called 
 KOTTuSos KaraKTos {dvo tou Kardyeiv tov k6t- 
 Togoy), is described by PoUux (vi. 109), the 
 Scholiast on Aristophanes {Pa,r. 1172), and Athe- 
 naeus (xv. p. 667). The so-called fidv-ris was 
 placed upon a pillar similar to a candelabrum, and 
 the dish hanging over it must, by means of wine 
 projected from the goblet, be thrown upon it, and 
 thence fall into a basin filled with water, which, 
 from this fall, gave forth a soiuid; and he who pro- 
 duced the strongest was the victor, and received 
 prizes, consisting of eggs, cakes, and sweetmeats. 
 
 This brief description of four various fonns of 
 the cottabus may be sufficient to show the general 
 ch;u'acter of this game ; and it is only necessary to 
 add, that the chief object to be accomplished in all 
 the various modifications of the cottabus was to 
 throw the wine out of the goblet in such a manner 
 that it should remain together and nothing be 
 spilled, and that it should produce the purest and 
 strongest possible sound in the place where it was 
 thrown. In Sicily, the popularity of this game 
 was so great, that houses were built for the especial 
 purpose of playing the cottabus in them. Those 
 readers who wish to become fully acquainted with 
 all the various forms of this game, may consult 
 Athenaeus (xv. p. 666, &c.), the Greek Lexico- 
 graphers, and, above all, Groddeck [UeLer den 
 Kottabos der Griedicn, in his Ayitiquarische Ver- 
 suclm., I. Sammlung, 1800. p. 163 — 238), who has 
 collected and described nine different forms in 
 whichit was played. Becker(C'/ianA/es.i.p.476,&c.) 
 
296 
 
 COVINUS. 
 
 is of opinion that all of them were but modifi- 
 cations of two principal forms. (Compare also Fr. 
 Jacobs, Udier den Kottuhiis in Wickuufs Attmches 
 Museum, nr. i. p. 47o — 4!)(j.) [L. S.] 
 
 KOTTTnA, or KO'TTTTES, a festival which 
 was originally celebrated by the Kdonians of 
 Thrace, in lionour of a goddess called Cotys or 
 Cotytto. (Strab. x. 3. p. 3()"2. ed. Tauchnitz ; 
 Eupolis, apud Hcsyeh. s. v. ; Suidas.) It was held 
 at night, and, according to Strabo, resembled the 
 festivals of the Cabiri and the Phrygian Cybele. 
 But the worship of Cotys, together with the festi- 
 val of the Cotyttia, were adopted by several Greek 
 states, chiefly those wliich were induced by their 
 commercial interest to maintain friendly relations 
 with Thrace. Among these Corinth is expressly 
 menticmed by Suidas, and Strabo (I.e. p. 364) seems 
 to suggest that the worship of Cotys was adopted 
 by tlie Athenians, who, as he observes, were as 
 hospitable to foreign gods as they were to foreigners 
 in general. (Compare Persius, Sat. ii. 92.) The 
 priests of the goddess were fonnerly supposed to 
 have borne the name of baptae ; but Buttmann 
 has sho\vn that tliis opinion is utterly groundless. 
 Iler festivals were notorious among the ancients 
 for the dissolute manner and the debaucheries with 
 which they were celebrated. (Suidas, s. i-. KoTuy : 
 Herat. Epod. xvii. 56 ; Theocrit. vi. 40.) Another 
 festival of the same name was celebrated in Sicily 
 (Plut. Proverb.), where boughs hung with cakes 
 and fruit were carried about, which any person 
 had a right to pluck otf if he chose ; but we have 
 no mention that this festival was ])olluted with any 
 of the licentious practices which disgraced those of 
 Thrace and Greece, unless we refer the allusion 
 made by Theocritus to the Cotyttia, to the Sicilian 
 festival. (Compare Buttmann's essay, Ueber die. 
 Kottitlki und die Baptae, in his Mytholuyns, vol. ii. 
 p. 15!).) ^ [L. S.] 
 
 CO'TYLA {KOTvKri) was a measure of capacity 
 among the Romans and Greeks : by the former it 
 was also called kcmiiia ; by the latter, rpvSKiov and 
 rifXLva or riftifiva. It was the lialf of the sextarius 
 or leffTijs, and contained G cyathi, = (on Mr. Hus- 
 sey's computation) •4955 of a pint English. 
 
 This measure was used by physicians witli a 
 gi'aduated scale marked on it, like our own chemi- 
 cal measures, for measuring out given weights of 
 fluids, especially oil. A vessel of horn, of a cubic 
 or cylindrical shape, of the capacity of a cotyla, 
 was divided into twelve equal parts by lines cut 
 on its side. The whole vessel was called litra, and 
 each of the parts an ounce {uneia). This measure 
 held nine ounces (by weight) of oil, so that the 
 ratio of the weight of the oil to the number of 
 ounces it occupied in the measure would be 9 : 12 
 or 3 : 4. (Galeiuis, J)e Cumpos. Medicam. per 
 (lenera, iii. 3 ; i. 16, 17 ; iv. 14 ; v. 3. 6 ; vi. 6, 8 ; 
 Wurm, De Pond. Mens. &c. ; Hussey, 0« Ancient 
 Weijjhts, &c.) [P. S.] 
 
 COVI'NUS (Celtic, kowain), a kind of car, the 
 spokes of which were anned with long sickles, and 
 which was used as a scythe-chariot chiefly by the 
 ancient Belgians and Britons. (Mela,iii.6; Lucan,i. 
 4"26 ; Silius, xvii. 422.) The Romans designated, 
 by the name of covinus, a kind of travelling car- 
 riage, which seems to have been covered on all 
 sides with the exception of the front. It had no 
 seat for a driver, but was conducted by the travel- 
 ler himself, who sat inside. (Mart. Kpig. ii. 24.) 
 There must have been a great siniilarity between 
 
 KPATH'P 
 
 the Belgian scj'the-chariot and the Roman travel- 
 ing can'iage, as the name of the one was transferred 
 to the other, and we may justly conclude that the 
 Belgian car was likewise covered on aU sides, ex- 
 cept the front, and that it was occupied by one 
 man, the covinarius only, who was, by the struc- 
 ture of his car, sufficient!)' protected. The cmi- 
 narii (this word occurs only in Tacitus) seem to 
 have constituted a regular and distinct part of a 
 British anny. (Tacit. Ai/r. 35 and 36 with M. J. 
 H. Becker's note; Biitticher's Lexietjn Tueit. s.x\; 
 Becker, Oallus, vol. i. p. 222 ; compare the article 
 ESSEDUM.) [L. S.] 
 
 KOTPET'2. [Barba.] 
 KPA'NOS. [Galea.] 
 
 KPATH'P (Ionic, KprjT-^p : Lat. ci-ater or 
 crutcra ; ft-om Kepdvvviii, I mix), a vessel in which 
 the wine, according to the custom of the ancients, 
 who very seldom drank it pure, was mixed with 
 water, and from which the cups were filled. In 
 the Homeric age the mixture was always made in 
 the dining-room by heralds or young men (KoOgoi: 
 see Jl. iii. 269 ; Od. vii. 182 ; xxi. 271). The use 
 of the vessel is sufficiently clear from the expres- 
 sions so frequent in the poems of Homer: itprjT^pa 
 KcpdcraaBai, i.e. olvov koI vSwp iu KpriTrjpi fx'icryeiv: 
 mvetv Kp-qTrjpa (to empty the crater) ; Kpr}Trjpa 
 (TTT^ffacrBai {eratera statnere, to place the filled 
 crater near the table) ; Kp-qrqpas tTrnrreif €(r9oi 
 TroToio (to fill the craters to the brim, see Buttmann, 
 Lcril. i. 15). The crater in the Homeric age was 
 generally of silver ((>(/. ix. 203; x. 356), some- 
 times with a gold edge {Od. iv. 616), and some- 
 times all gold or gilt. (//. xxiii. 219.) It stood 
 upon a tripod, and its ordinary place in the fieyapov 
 was in the most honourable part of the room, at 
 the farthest end from the entrance, and near the 
 seat of the most distinguished among the guests. (Od. 
 xxi. 145 ; xxii. 333 compared with 341.) The size 
 of the crater seems to have varied according to the 
 number of guests ; for where tlieir number is in- 
 creased, a larger crater is asked for. (J/, ix. 202.) 
 It would seem, at least at a later period (for in the 
 Homeric poems we find no traces of the custom), 
 that three craters were filled at every feast after 
 the tables were removed. They must, of course, 
 have varied in size according to the number of 
 guests. According to Suidas {s. v. KpoTijp) the 
 first was dedicated to Hermes, the second to Clia- 
 risius, and the third to Zeus Soter ; but others 
 called them by dift'erent names ; thus the first, or, 
 according to others, the last, was also designated 
 the Kparrjp dyadov Saifiovos, the crater of the good 
 genius, (Suidas, y. v. 'AyaBou Aaifiovos: compare 
 Athen. xv. p. 692. &c. ; Aristnph. I'esp. 507, 
 Pa.r. 300), Kparrip vyieias and p-eTavrnTpis or 
 peTaviTTTpou, because it was the crater from which 
 the cups were filled after tlie washing of the hands. 
 (Athen. xv. p. 629. f. &c.) 
 
 Craters were among the first things on the em- 
 bellishment <if which the ancient artists exercised 
 their skill. Homer (//. xxiii. 741. &c.) mentions, 
 among the prizes proposed by Achilles, a beauti- 
 fully wrouglit silver crater, the work of tlie ingeni- 
 ous Sidonians, which, by the elegance of its work- 
 manship, excelled all others on the whole earth. 
 In the reign of Croesus, king of Lydia, the Lace- 
 daemonians sent to that king a brazen crater, the 
 border of which was all over ornamented with 
 figures (fciSia), and whicli was of such an enor- 
 mous size that it contained 300 amphorae. (Herod. 
 
CRATES. 
 
 CRIMEN. 
 
 297 
 
 i. 70.) Croesus himself dedicated to tlie Delphic | 
 god two huge craters, which the Delphians believed 
 to be the work of Theodorus of Samos, and Hero- 
 dotus (i. .51) was induced by the beauty of their 
 workmansliip to think the same. It was about 01. 
 35, that the Samians dedicated six talents (the 
 ti'nth of the profits made by Colaeus on his voyage 
 to Tartessus) to Hera, in the shape of an immense 
 brazen crater, the border of which was adonied 
 with projecting heads^of griffins. Tliis crater, which 
 Herodotus (iv. 152) caUs Argive (from which we 
 must infer that the Argive artists were celebrated 
 for their craters), was supported by three colossal 
 brazen statues, seven yards long, with their knees 
 closed together. 
 
 The number of craters dedicated in temples 
 seems everywhere to have been very great. Livi- 
 us Andronicus, in his Equus Trojanus, represented 
 Agamemnon returning from Troy with no less than 
 .'iOOO craters (Cic. ad Fain. vii. 1), and Cicero 
 {ill Verr. iv. 5(J) says that Verres carried away 
 from Syracuse the most beautiful brazen craters, 
 which most probably belonged to the various tem- 
 jiles of that city. But craters were not only de- 
 dicated to the gods as anathemata, but were used 
 "11 various solemn occasions in their service. Thus 
 we read in Theocritus (v. 53, compare Virgil, 
 Eclog. V. G7) : — ^ I shall oti'er to the muses a crater 
 full of fresh milk and sweet olive-oil." In sacri- 
 fices the libation was always taken from a crater 
 (Demosth. De Fals. Lq/at. p. 431 ; c. Lept. p. 5U5 ; 
 I'. Mid. p. 531 ; c. JMacart. p. 1()7"2 ; compare Bekk. 
 Anecdot. p. 274. 4), and sailors before they set out 
 on their journey used to take the libation with cups 
 from ;i crater and pour it into the sea. (Tliucyd. 
 vi. 32 ; Diodor. iii. 3 ; Arrian, Aiiah. vi. 3 ; Virg. 
 Aen. V. 7(>5.) The name crater was also some- 
 times used as sj'nonj-mous with anKiov, sifula, a 
 pail in which water was fetched. (Naev. apud 
 Nun. XV. 3(i ; Hesych. r. KpaTTjpes.) 
 
 The Romans used thcur crater or virdera for the 
 same purposes for which it was used in Greece ; 
 but the most elegant specimens were, like most | 
 other works of art, made by Greeks. (Virg. Acn. i. 
 727 ; iii. 525 ; Ovid, Fast. v. 522 ; Hor. Carm. 
 III. xviii. 7.) [L. S.] 
 
 CRATES (rctptros), a hurdle, used by the 
 ancients for several purposes. First, in war, espe- 
 cially in assaulting a city or camp, they were placed 
 before or over the head of the soldier to shield off 
 the enemy's missiles. (Ammian. xxi. 12.) From 
 tile pluici, which were employed in tlie same way, 
 they ditt'ered only in being without the covering of 
 raw hides. A lighter kind was thrown down to 
 make a bridge over fosses, for examples of which 
 sec Caesar iJe Dell. Gall. vii. iii. 8(). By the be- 
 sieged (Vegct.iv. C)they were used joined together 
 so as to form what Vegetius calls a metella, and 
 filled with stones: these were then poised between 
 two of the battlements ; and as the storming party 
 approached upon the ladders, overturned on their 
 heads. (Lipsius, I'ol. i. 7 ; v. 5 ; Salmas. Flin. 
 Exer. I2()7. A.) 
 
 A capital punishment was called by this 
 name, whence the ])lirase sub crate iiecari. 
 The criminal was thrown into a pit or well, and 
 hurdles laid upon him, over which stones were 
 afterwards heaped. (Liv. i. 51; iv. 50; Tacit. 
 German, c. 12.) 
 
 Crates, called ficariae, were used by the country 
 people upon which to dry figs, grapes, &c., in the 
 
 rays of the sun. (Colum. xii. 15, Ifi.) These, as 
 Columella infonus us, were made of sedge or 
 straw, and also employed as a sort of matting to 
 screen the finit from the weather. Virgil {Gear, 
 i. 94) recommends the use of lurrdles in agriculture 
 to level the ground after it has been turned up 
 with the heavy rake {ruslrum). Any texture of 
 rods or twigs seems to have been called by the 
 general name crates. [B. J.] 
 
 CRE'PIDA (Kfrniris:), dim. CREPIDULA, a 
 slipper. Slippers were worn with the pallium, not 
 with the toga, and were properly characteristic of 
 the Greeks, though adopted fi'om them by the 
 Romans. Hence Suetonius says of the Emperor 
 Tiberius (c. 1 3), Deposito patriu liabilu, redcijit se 
 ad pallium et crepidas. They were also worn by 
 the Macedonians (Jacobs, Auiin. ad Antlml. 2. 1. 
 p.294), and with the chlamys (Cic. pro Rah. Fast. ; 
 Vah Max. iii. 6. § 2, 3). As the cothurnus was 
 j assumed by tragedians, because it was adapted to 
 1 be part of a grand and stiitely attire, the actors of 
 j comedy, on the other hand, wore crepidae and 
 j other cheap and common coverings for the feet. 
 [Baxea ; SoccMS.] Also, whereas the ancients 
 had tlieir more finished boots and shoes made right 
 and left, their slippers, on the other hand, were 
 made to fit both feet indifferently. (Isid. Orvj. 
 ix. 34.) [J. Y.] 
 
 CRE'TIO HEREDITA'TIS. [Hereditas.] 
 CRIMEN. Though this word occurs so fre- 
 quently, it is not easy to fix its meaning. Crimen 
 is often equivalent to accusatio {Kor-qyopia) ; but it 
 frequently means an act which is legally punish- 
 able. In this latter sense there seems to be no 
 exact definition of it given by the Roman jurists. 
 According to some modem writers, crimina are 
 either public or private ; but if this definition is ad- 
 mitted, we have still to determine the noticms of 
 public and private. The truth seems to be, that there 
 was a want of precise terminology as to what, in 
 common language, are called criminal offences 
 among the Romans ; and this defect appears in 
 other systems of jirrisprudence. Crimen has been 
 also defined by modern writers to be that which 
 is capitalis [C.\put], as mm'der, &c. ; delictum, 
 that which is a private injury (privata noxa) ; a 
 distinction founded apparently on Dig. xxi. tit. 1. 
 s. 17. §15. 
 
 Delicts (delicta) were maleficia, ivrongful acts 
 (Dig. 47. tit. 1. s. 3), and the foundation of one 
 class of obligations: these delicts, as emnnerated 
 by Gains (iii. 182), are furtum, rapina, damnum, 
 injuria; they g;ive a right of action to the indivi- 
 dual injured, and intitled him to compensation. 
 These delicts were sometimes called crimina (cri- 
 men furti, Gaius, iii. 197). Crimen therefore is 
 sometimes applied to that class of delicta called 
 privata (Dig. 47. tit. 1. De Privatis Deliciis); 
 and accordingly crimen may be viewed as a genus, 
 of which the delicta enumerated by Gaius are a 
 species. But crimen and delictum are sometimes 
 used as synonjmious. (Dig. 4f!. tit. 19. s. 1.) In 
 one passage (Dig. 48. tit. 19. s. 5) we read of 
 majora delicta (which of course imply minora), 
 I which expression is coupled with the expression 
 i omnia crimina in such a way that the inference of 
 crimen containing delictum is, so far as concenis 
 this passage, necessary ; for the omnia crimina 
 comprehend (in this passage) more than the delicta 
 majora. 
 
 Some judicia publica were capitalia, and some 
 
298 
 
 CRIMEN. 
 
 CROCOTA. 
 
 were not. Judicia, which concerned crimina, were 
 not, for that reason only, publica. There were, 
 therefore, crimina which were not tried in judicia 
 publica. This is consistent with what is stated 
 above as to those crimina (delicta) which were the 
 subject of actions. Those crimina only were the 
 subject of judicia publica, which were made so b}^ 
 special laws ; such as the Julia de adulteriis, Cor- 
 nelia de sicariis et veneficis, Pompeia de parrici- 
 diis, Julia peculatus, Conielia de testaraentis, Julia 
 de vi privata, Julia de vi publica, Julia de ambitu, 
 Julia repetundarum, Julia de annona. (Dig. 48. 
 tit. I. s. 1.) So far as Cicero {De Omt. ii. 25) enu- 
 merates causae criminuni, they were causae publici 
 judicii ; but he adds (ii. 31), "criminum est multi- 
 tudo infinita." Again, infamia was not the con- 
 sequence of every crimen, but only of those crimina 
 which were "publici judicii." A condemnation, 
 therefore, for a crimen, not publici judicii, was not 
 followed by infamia, unless the crimen laid the 
 foundation of an actio, in which, even in the case 
 of a privatum judicium, the condemnation was fol- 
 lowed by infamia ; as furtum, rapina, injuriae. 
 (Dig. 48. tit. 1. s. 7.) Crimen then must be an 
 act which, if proved against the offender, subjected 
 him to some punishment, the consequence of which 
 was infamia ; but it would not therefore follow 
 that infamia was only the consequence of a crimen. 
 
 Most modern writers on Roman law have con- 
 sidered delicta as the general term, which they 
 have subdivided into delicta publica and privata. 
 The legal consequences of delicta in this sense, were 
 compensation, punishment, and infamia as a con- 
 sequence of the other two. The division of delicta 
 into publica and privata had, doubtless, partly its 
 origin in the opinion generally entertained of the 
 nature of the delict ; but the legal distinction must 
 be derived from a consideration of the form of ob- 
 taining redress for, or punishing, the wrong. Those 
 delicta which were punishable according to special 
 leges, senatus-consulta, and constitutiones, and 
 were prosecuted in judicia publica, were apparently 
 more especially called crimina ; and the penalties, 
 in case of conviction, were loss of life, of freedom, 
 of ci\'itas, and the consequent infamia, and some- 
 times pecuniary penalties also. Those delicta not 
 provided for as above mentioned, were punishable 
 by action (actiones poenales), and were the subjects 
 of judicia privata, in which pecuniary compensa- 
 tion was awarded to the injured party. At a later 
 period we find a class of crimina extraordi- 
 naria (Dig. 47. tit. 1 1 ), which are somewhat 
 vaguely defined. They are offences which in the 
 earlier law would have been the foundation of 
 actions, but were assimilated, as to their punish- 
 ment, to crimina publici judicii. This new class 
 of crimina (new as to the form of judicial proceed- 
 ings) must have arisen from a gi-owing opinion of 
 the propriety of not limiting punishment, in certain 
 cases, to compensation to the party injured. The 
 person who incjuired judicially extra ordinem,niight 
 affix what punishment he pleased, within reason- 
 able limits. (Dig. 48. tit. 19. s. 13.) Thus, if a 
 person intended to prosecute his action, which 
 was founded on maleticium (delict), for pecuniary 
 compensation, he followed the jus ordinarium ; but 
 if he wished to punish the offender otherwise (extra 
 ordinem ejus rei poenam exerceri(e?) velit), then he 
 took criminal proceedings, " subscripsit in crimen." 
 (Dig. 47. tit. 1. s. .3.) 
 
 Delicta were further distinguished as to the 
 
 penalties as follows: — Compensation might be de- 
 manded of the heredes of the wrong-doer ; but the 
 poena was personal. The nature of the punish- 
 ment also, as above intimated, formed a ground of 
 distinction between delicta. Compensation could 
 be sued for by the party injured : a penalty, which 
 was not a direct benefit to the injured party, was 
 sued for by the state, or by those to whom the 
 power of prosecution was given, as in the case 
 of the lex Julia de adidteriis, &c. In the case 
 of delicta publica, the intention of the doer was the 
 main thing to be considered : the act, if done, 
 was not for that reason only punished ; nor if it 
 remained incomplete, was it for that reason only 
 unpunished. In the case of delicta privata, the in- 
 jury, if done, was always compensated, even if it 
 was merely culpa. [Culpa.] [G. L.] 
 
 CRI'MINA EXTRAORDINA'RIA. [Cri- 
 men.] 
 
 KPIO'2. [Aries.] 
 
 CRISTA. [Galea.] 
 
 KPITAI' (judges). This name was applied by 
 the Greeks to any person who did not judge of a 
 thing like a Sikoctt^s, according to positive laws, 
 but according to his own sense of justice and 
 equity. (Herod, iii. 160; Demosth. Olyntk i. p. 17 ; 
 c. Mid. p. 520.) But at Athens a number of Kpnai 
 were chosen by ballot from a number of selected 
 candidates at every celebration of the Dionysia, 
 and were csilled ol Kpirai, kot' i^oxvi^. Their 
 office was to judge of the merit of the different 
 choruses and dramatic poems, and to award the 
 prizes to the victors. (Isocr. Trapez. p. 365, c. 
 with Coraes' note.) Their number is stated 
 by Suidas (>'. v. 'Ev irt'cre Kpn&v yovvacri) to have 
 been five for comedies, and G. Hennann has sup- 
 posed, with great probability', that there were on 
 the whole ten npnai, five for comedy and the 
 same number for tragedy, one being taken from 
 every tribe. The expression in Aristophanes {Ai: 
 421), viKoiv vaffi Tois Kpnais, signifies to gain the 
 victory by the unanimous consent of the five judges. 
 For the complete literature of this subject see K. 
 F. Hennann's Marmal of tJte Pol. Ant. of Greece. 
 §149. n. 13. [L.S.] 
 
 KPnBT'AOS. [Coma, p. 268.] 
 
 CRO'COTA (sc. resii's: KpoKunov sc. lixariov, or 
 KpoKonos sc. x'''''"") ^vfls a kind of gala-dress, 
 chiefly worn by women on solemn occasions, and 
 in Greece especially, at the festival of the Dionysia. 
 (Aristoph. Kail. 46, with the Schol.; Lysistr. 
 44; Pollux, iv. 18. 117.) It was also worn 
 by the priests of Cybele (Apul. Met. 8. and 
 11 ; Virg. Aen. ix. 614), and sometimes by men of 
 effeminate character. (Aristoph. Thesmoph. 253 ; 
 Suidas, *•. ; Plant, and Naevius, ap. Nonium. 
 xiv. 8. and xvi. 4 ; Cic. Harusp. Resp. 21.) 
 It is evident from the passage of Virgil that its 
 name was derived from crocus, one of the favourite 
 colours of the Greek ladies, as we still see in the 
 pictures discovered at Hcrculaneum and Pompeii. 
 The circumstance that dresses of this colour were 
 in Latin commonly called vestes crocatae or croceae, 
 has induced some writers on antiipiities to suppose 
 that crocota was derived from KpoK-/) (woof or weft), 
 or KpoKis (a flake of wool or cotton on the surface 
 of the cloth), so that it would be a soft and woolly 
 kind of dress. (Salmas. ad Capitolin. Pertinac. 8. 
 t. 1. p. 547. and ad Tcrtidl. De Pall. p. 329.) 
 But the passages above referred to are suflicient 
 to refute this opinion, and the name crocota was 
 
KPTirrEi'A. 
 
 KPTnTEl'A. 
 
 29!) 
 
 like many others adopted by the Romans from 
 - the Greeks. (Compare Becker's Cliarikles, ii. p. 
 351, &c.) [L. S.] 
 
 KPO'NIA, a festival celebrated at Athens in 
 honour of Cronos, whose worship was said to have 
 been introduced into Attica by Cecrops. He had a 
 temple in common with Rhea. (Pans. i. 18. § 7.) 
 The festival was held on the twelfth of the month 
 of Hecatombaeon (Dcmosth. c. Timocr. p. 708), 
 which, at an early period of the history of Attica, 
 bore the name of fnjf Kpouios. (Athen. xiii. 
 p. 581.) 
 
 The Rhodians also celebrated a festival in honour 
 of Cronos — perhaps the Phoenician Moloch — to 
 whom human sacrifices, generally consisting of 
 criminals, were oifered. This festival was held on 
 the sixteenth of Metageitnion. (Porphyr. apud 
 Theodord. vii. Grace. Affect. ; De Abstinent. ii.5-t.) 
 
 Greek writers, when speaking of the Roman 
 Saturnalia, apply to them the name Kp6via. (See 
 Athen. xiv. p. ()39 ; Appian. iii. x. 5.) [L. S.] 
 
 CRO'TALUM, a kind of cjTiibal, erroneously 
 supposed by Scaliger and Brodaeus to be the same 
 vnih the sistnan. The mistakes of learned men 
 on this point are refuted at length by Lampe {De 
 Cymb. Vet. i. 4, 5, 6). From Suidas and the 
 Scholiast on Aristophanes {Nubes, 20'0), it appears 
 to have been a split reed or cane, which clattered 
 when shaken with the hand. According to Eus- 
 tathius (//. xi. 160), it was made of shell and 
 brass, as well as of wood. Clemens Alexandrinus 
 further says that it was an invention of the 
 Sicilians. 
 
 Women who played on the crotalum were 
 termed crotalistriac. Such was Virgil's Copa (2), 
 
 " Crispum sub crotalo docta movere latus." 
 The line alludes to the dance with crutala (similar 
 to castanets), for which we have the additional 
 testimony of Macrobius (5a<. ii. 10). The annexed 
 woodcut, taken from the drawing of an ancient 
 marble in Spon's Miscellanea (sec. i. art. vi. fig. 
 43), represents one of these erotalistriae perform- 
 ing. 
 
 The words KpcnaXos and KpoToKov are often 
 applied, by an easy metaphor, to a noisy talkative 
 person. (Arist. jV«6. 448 ; Eur. Q/tV. 104.) [B.J.] 
 
 KPTHTEI'A (also called KpimTia or KpuTrrij) 
 was, according to Aristotle {up. Plut. Lyc. 28), 
 an institution introduced at Sparta by the legisla- 
 tion of L3-curgus. Its character was so cruel and 
 atrocious, that Plutarch onlj^ with great reluctance 
 submitted to the authority of Aristotle in ascribing 
 its introduction to the Spartan lawgiver. The 
 description which he gives of it is this: — The 
 ephors, at intervals, selected from among the young 
 
 Spartans those who appeared to be best qualified 
 for the task, and sent tliera in various directions 
 all over the country, provided with daggers and 
 their necessary food. During the daytime these 
 young men concealed themselves ; but at night 
 they broke forth into the high-roads, and massacred 
 those of the helots whom they met, or whom they 
 thought proper. Sometimes also they ranged over 
 the fields (in the daytime) and despatched the 
 strongest and best of the helots. This account 
 agrees with that of Heraclides of Pontus (c. 2), 
 who speaks of the practice as one that was still 
 carried on in his o^vn time, though he describes its 
 introduction by Lycurgus only as a report. 
 
 The cn/pteia has generally been considered 
 either as a kind of military training of the Spartan 
 youths, in which, as in other cases, the lives of 
 the helots were unscrupulously sacrificed ; or as a 
 means of lessening the numbers and weakening 
 the power of the slaves. But MUUcr {Dorians, 
 iii. 3. § 4), who is anxious to soften the notions 
 generally current respecting the relations between 
 the helots and their masters, supposes that Plutarch 
 and Heraclides represent the institution of the 
 crypieia " as a war which the ephors themselves, 
 on entering upon their yearly office, proclaimed 
 against the helots." Heraclides, however, does 
 not mention this proclamation at all ; and Plutarch, 
 who mentions it on the authority of Aristotle, 
 does not represent it as identical with the crj-pteia. 
 Miiller also supposes that, according to the re- 
 ceived opinion, this chase of the slaves took place 
 regularly every year ; and showing at once the 
 absurdity of such an annual proclamation of war 
 and massacre among the slaves, he rejects what he 
 calls the common opinion altogether as involved in 
 inextricable difficulties, and has recourse to Plato 
 to solve the problem. But Thirlwall {Hist. Greece, 
 vol. i. p. 311) much more judiciously considers 
 that this proclamation of war is not altogether 
 groundless, but only a misrepresentation of some- 
 thing else, and that its real character was most 
 probably connected with the crypteia. Now if we 
 suppose that the thing here misrepresented and 
 exaggerated into a proclamation of war, was some 
 promise which the ephors on entering upon their 
 office were obliged to make, for instance, to protect 
 the state against any danger that might arise from 
 too great an increase of the munbers and power 
 of the helots — a promise which might very easily 
 be distorted into a proclamation of war — there is 
 nothing contrary to the spirit of the legislation of 
 Lycurgus ; and such an institution, by no means 
 surprising in a slave-holdmg state like Sparta, 
 where the number of free citizens was compara- 
 tively very small, would have conferred upon the 
 ephors the legal authority occasionally to send out 
 a number of young Spartans in chase of the helots. 
 {l&ocT. Panatk. p. 271. B.) That on certain oc- 
 casions, when the state had reason to fear the 
 overwhelming number of slaves, thousands were 
 massacred with the sanction of the public authori- 
 ties, is a well known fact. (Thucyd. iv. 80.) It 
 is, however, probable enough that such a system 
 may at first have been carried on with some degree 
 of moderation ; but after attempts had been made 
 by the slaves to emancipate themselves and put 
 their masters to death, as was the case during and 
 after the earthquake in Laconia, it assumed the 
 barbarotts and atrocious character wliich we have 
 I described above. (Compare Plut. Li/c. 28. sub Jin.) 
 
300 
 
 CRUX. 
 
 CRYPTA. 
 
 If the crypteia had taken place onnualli/, and at a i 
 fired time, we should indeed have reason, with 
 Muller, to wonder why the helots, who in many 
 districts lived entirely alone, and were united by 
 despair for the sake of common protection, did not 
 every year kindle a most bloody and detennined 
 wivr throughout the whole of Laconia ; but Plutarch, 
 the only authority on which this supposition can 
 rest, does not say that the crypteia took place 
 even/ year, but xpo''°^i ''■ " «it intei-vals," or 
 occasionallj'. (Hermann, ad Viyer. p. 856.) The 
 difficulties which MUller finds in what he calls the 
 common account of the crypteia, are thus, in our 
 opinion, removed, and it is no longer necessary to 
 seek their solution in the description given bj' 
 Plato (De Ijujg. i. p. 633; vi. p. 763), who pro- 
 posed for his Cretan colony a similar institution 
 under the name of crypteia. From the known 
 partiality of Plato for Spartan institutions, and his 
 inclination to represent them in a favourable light, 
 it will be admitted that, on a subject like this, his 
 evidence will be of little weight. And when he 
 adopted the name crypteia for his institution, it 
 by no means follows that he intended to make it 
 in everj- respect similar to that of Sparta ; a partial 
 resemblance was sufficient to transfer the name of 
 the SparUm institution to that which he proposed 
 to establish ; and it is sufficiently clear, from his 
 own words, that his attention was more particu- 
 larly directed to the advantages which young sol- 
 diers might derive from such hardsliips as the 
 KpwTToi had to undergo. ]3ut even Plato's colony 
 would not have been of a very humane character, 
 as his KpmrTol were to go out in anus and make 
 free use of the slaves. [ L. S. ] 
 
 CRUX (aravpSi, (TKoKoff/), an instrinnent of 
 capital punishment, used by several ancient nations, 
 especially the Romans and Carthaginians. The 
 words aravpoa and crKoKoiti^u} are also applied to 
 Persian and Egyptian punishments, but Casaubon 
 {/■'nr. Aiilihurija. xvi. 77) doubts whether they 
 (U -i 1 ilir till' Roman method of crucifixion. From 
 Seneca [Cii/es. ad Alan: xx. ; Epist. xiv. 1) we 
 Jearn the latter to have been of two kinds, the less 
 usual sort being rather impalement than what we 
 should describe by the word cnicifixion,as the crimi- 
 nal was transfixed by a pole, which passed through 
 the back and spine and came out at the mouth. 
 
 The cross was of several kinds ; one in the shape 
 of an X, called crua' Andrcunu, because tradition 
 reports St. Andrew to have suft'ered upon it; an- 
 other was fonned like a T, as we learn from Lucian 
 (■Judic. Vocal, xii.), who nuikes it the subject of a 
 charge against the letter. 
 
 The third, and most common sort, was made of 
 two pieces of wood crossed, so as to make four riglit 
 angles. It was on this, according to the unani- 
 mous testimony of the fathers who sought to con- 
 finn it by Scriptitfe itself (Lips. L>e C'ruce, i. 9), 
 that our Saviour sufl'ered. The punishment, as is 
 well known, was chiefly inflicted on slaves, and 
 the worst kind of malefactors. (Juv. vi. 219 ; Hor. 
 t>at. 1. iii. Ij2.) Tlie manner of it was as follows : 
 — The criminal, after sentence pronounced, carried 
 his d'oss to the place of execution ; a custom men- 
 tioned by Plutarch (^l)e Tard. Dei Void. 'iKaUTos 
 Tuv KaKovpywv eK(p(pei rov avTov aTavpoi'), and 
 Artemidorus ("Oi^etp. ii. (il), as well as in the 
 Gospels. From Livy (xxxiii. 36) and Valerius 
 Maximus (i. 7), scourging appears to have fonned 
 a part of this, as of otiier capital punishments 
 
 j among the Romans. The scourging of our Sa- 
 viour, however, is not to be regarded in this light, 
 as Grotius and Hammond have observed it 
 was inflicted before sentence was pronounced. 
 (St. Luke, xxiii. 10 ; St. John, xix. L 6.) The 
 criminal was next stripped of his clothes and 
 nailed or bomid to the cross. The latter was the 
 more painful method, as the sufferer was left to die 
 of hunger. Instances are recorded of persons who 
 survived nine days. It was usual to leave 
 the body on the cross after death. The break- 
 ing of the legs of the thieves, mentioned 
 in the Gospels, was accidental ; because by the 
 Jewish law, it is expressly remarked, the bodies 
 could not remain on the cross during the Sabbath- 
 day. (Lips. Z)e Omcc; Casa.uhon, &er. Ajiiiburon. 
 xvi. 77.) [B. J.] 
 
 CRYPTA (from KpvirT€iv, to conceal), a crypt. 
 Amongst the Romans, any long narrow vavdt, 
 whether wholly or partially below the level of the 
 earth, is expressed by this tenn ; such as a sewer 
 (crr/pta Huhurae, Juv. Sat. v. 106) [Cloaca] ; the 
 carceres of the circus [Circus, p. 231]; or a 
 magazine for the reception of agricultural produce. 
 (Vitruv. vi. 8 ; compare Varro, De Re Hiist.i. 57.) 
 The specific senses of the word are : — 
 
 I. A covered portico or arcade ; called more 
 definitively en/jito-jmrticus, because it was not sup- 
 ported by open columns like the ordinary portico, 
 but closed at the sides, with windows only for the 
 admission of light and air. (Plin. Epist. ii. 15; 
 V. 6; vii. 21; Sidon. Ejiiai. ii. 2.) These were 
 frequented during summer for their coolness. A 
 portico of this kind almost entire is still remain- 
 ing in the suburban villa of Arrius Diomedes at 
 Pompeii. 
 
 Some theatres, if not all, had a similar portico 
 attached to them for the convenience of the per- 
 fonners, who there rehearsed their parts or prac- 
 tised their exercises. (Suet. Cal. 58 ; compare 
 Dion. Cass. lix. 29 ; Joseph. Antiq. xix. 1. § 14.) 
 0)ie of these is mentioned by P. Victor {Reijio ix.) 
 as the cri/jita HaWi, attached to the theatre built 
 by Cornelius ]?albus at the instigation of Augustus 
 (Suet. Au(/. 29 ; Uion. Cass. liv. 25), which is 
 supposed to be the ruin now seen in the Via di S. 
 Maria di Cacaberis, between the church of that 
 name and the S. Maria di Pianto. 
 
 II. A grotto, ])articularly one open at both 
 extremities, forming what in modern language 
 is denominated a " tunnel," like the grotto of 
 Pausilippo, well kno-wn to every visitant of Naples. 
 This is a tunnel excavated in the tiifu rock, about 
 20 feet high, and 1800 long, forming the direct 
 communication between Naples and Pozzuoli 
 [rntciili), called by the Romans oi/pta Neapoli- 
 tu/ia, and described by Seneca (Epist. 57) and 
 Strabo (v. § 7. p. 197. ed. Siebenk. ; ^compare 
 Petron. />«</. xiii.). 
 
 A subterranean vault used for any secret wor- 
 ship, but more particularly for the licentious rites 
 consecrated to Priapus, was also called crypia. 
 (Petron. Sat. xvi. 3; compare xvii. 8.) 
 
 III. When the practice of consuming the body 
 by fire was relimuiished [Bustum ; Conditorium], 
 and a number of bodies were consigned to one 
 place of burial, as the catacombs for instance, this 
 connnon tomb was called crypta. (Salmas. Ejeercit. 
 T'liiiiiiii. p. 850; Aring. Rovu Subtcri: i. 1. § 9; 
 Prudent. ITepi Sre'^. xi. 153.) One of these, the 
 crypta Nepotiana, which was in the victts I'utricitis, 
 
KT'BOS. 
 
 CULEUS. 
 
 301 
 
 under the Esquiliiie (Fcstus, s. v. Septiimnimm), 
 was used bytlie early Christians, during the times 
 of their persecution, as a place of secret worship. 
 (Nardini, fiom. An/ic. iv. 3.) [A. R.] 
 
 CRYPTOPO'RTICUS. [Crypta.] 
 
 KTBEI'A. [Tessera.] 
 
 CUBICULA'RII were slaves who had the 
 care of the sleeping and dwelling rooms. Faithful 
 ' slaves were always selected for this office, as they 
 had, to a certain extent, the care of their master's 
 : person. When Julius Caesar was taken by the 
 pirates, he dismissed all his other slaves and 
 attendants, only retaining with him a physician 
 ' and two cubicularii. (Suet. Cars. 4.) It was the 
 ' duty of the cubicularii to introduce visiters to their 
 master (Cic. ad Ait. vi. 2. § 5; in Verr. iii. 4); 
 for which purpose they appear to have usually re- 
 mained in an ante- room (Suet. Tih.'2\ ; Dom. 16). 
 ! Under the later emperors, the cubicularii belong- 
 ', ing to the palace were called praepnsiti sacro cM- 
 ! culo, and were persons of high rank. (Cod. 12. 
 ' tit. 5.) 
 
 CUBI'CULUM usually means a sleeping and 
 dwelling room in a Roman house [House], 
 liiit is also applied to the pavilion or tent in 
 which the Roman emperors were accustomed to 
 witness the public games. (Suet. Ncr. 12 ; Plin. 
 I'ancri. 51.) It appears to have been so called, 
 because the emperors were accustomed to recline 
 in the 'cubicula, instead of sitting, as was anci- 
 ently the practice, in a sella curulis. (Emesti, 
 ad Suet. I. c.) 
 
 KTBISTHTH'PES were a particular kind of 
 dancers or tunilders, who in the course of their dance 
 flung themselves on their heads and alighted again 
 on their feet (wcnrfp ot KuStaTwi'Tes koI eh opSpov 
 TO, aKeKi] irepKpepSixevoL KvSiaTdiffi KvKKcfi, Plato, 
 Si/inp. c. IR. p. 190). \Vc read of /cuSto-TijTrjpey as 
 early as the time of Homer. {11. xviii. b'05 ; Od. 
 iv. 18.) These tumblers were also accustomed to 
 make their somerset over knives or swords, whicli 
 was called KvSiCTrav eis jxaxaipas. (Plato, Euiliyd. 
 c. 55. p. 294 ; Xen. Mem. i. 3. § 9 ; Symp. ii. 14; 
 Athen. iv. p. 129 D ; Pollux, iii. 134.) The way 
 in which this feat was perfonned is described by 
 Xenophon, who says {Symp. ii. 11) that a circle 
 was made quite full of upright swords, and that the 
 dancer eis rauTo ckuSiVto t6 koX ff^(i{v€i(TTa iirep 
 avT^v. We find many representations of these 
 tumblers, both male and female, in ancient works 
 of art. See Tischbeiu, Enyravinys from Ancient 
 Vases, i. GO. 
 
 KuSKTTrjTTjpcy were frequently introduced at con- 
 vivial entertainments to amuse the guests ; but 
 Socrates condemns the practice, as attended with 
 too much danger to be pleasing on such occasions. 
 (Xen. Si/mp. vii. 3.) See Becker, Cliarikles, vol. 
 i p. 499 ; ii. p. 287. 
 
 CU'BITUS (ir7)X"s), a Greek and Roman mea- 
 sure of length, originally the length of the human 
 arm from the elbow to the wrist, or to the knuckle 
 of the middle finger. It was equal to a foot and a 
 half, which would give, according to Mr. Hiissey's 
 computation, 1 foot 5'4744 inches Eng. for the 
 Roman, and 1 foot 6-2016 inches for the Greek 
 cubit. (Wunn, De Pond. Mens. &c. ; Hussey, On 
 Ancient Wci</his, &c.) [P. S.] 
 
 KT'BOS (a cube), in Latin ciilus or qtuulranial, 
 a vessel, the sides of which were formed by six 
 equal squares (including the top), each square 
 having each of its sides a foot long. The solid 
 
 contents of the cube were equal to the amphora. 
 (Rhem. Fann. De Pund, &c. v. 59—62, 
 " Pes longo in spatio latoque altoque notetur : 
 Angulus ut par sit, quern claudit linea triplex, 
 Quatuor et medium quadris cingatiu' inane ; 
 Amphora tit cubus.") [P. S.] 
 
 CUCULLUS, a cowl. As the cowl was in- 
 tended to be used in the open air, and to be drawn 
 over the head to protect it from the injuries of the 
 weather, instead of a hat or cap, it was attached 
 only to garments of the coarsest kind. Its fonn 
 may be conceived from the woodcut at page 122. 
 It is there represented as worn by a Roman shep- 
 herd, agreeably to the testimony of Columella. 
 {Dc Re Ritstica, xi. 1.) The cucullus was also 
 used by persons in the higher circles of society, 
 when tliey wished to go abroad without being 
 known. (Juv. vi. 330 ; Jul. Cap. Ver. 4 ; Becker, 
 Oalliis, vol. i. p. 333.) 
 
 The use of the cowl, and also of the cape [BiR- 
 Riis], wliich served the same purpose, was allowed 
 to slaves by a law in the Codex Theodosianus. 
 (Vossius, Eti/nt. Lin. Lut. s. r. Birrus.) Cowls were 
 imported into Italy from Saintes in France 
 (Santonico ciicuUo, Juv. viii. 145; Schol. in luc), 
 and from the country of the Bardaei in lllyria. 
 (Jul. Cap. PcHinaj\ 8.) Those from the latter 
 locality were probably of a peculiar fashion, 
 which gave origin to the term Dardocucullus. 
 " Liburnici cucuUi" are mentioned by Martial 
 (xiv. 139). [J. Y.] 
 
 CUDO or CUDON, a skull-cap, made of leatjier 
 or of the rough shaggy fur of any wild animal 
 (Sil. Ital. viii. 495; xvi. 59), such as were w,om 
 by the velites of the Roman armies (Polyb. vi. 20), 
 and apparentl}' synonjnnous with (lalerus (Virg. 
 Aen. vii. 688) ot galerieulas. (Frontin. Sinitci/em. 
 IV. vii. 2.9.) 
 
 In the sculptures on the column of Trajan, some 
 of the Roman soldiers are represented with the 
 skin of a wild beast drawn over the head, in such 
 a manner that the face appears between the upper 
 and lower jaws of the animal, wliile the rest of the 
 skin falls down behind over the back and shoulders, 
 as described by Virgil (Aen. vii. 666). Tliis, 
 however, was an extra defence (Polyb. I.e.), and 
 must not be taken for the ciido, which was the 
 cap itself ; that is, a particular kind of jalea. 
 [Galea.] The following representation of a 
 cudo is taken from Choul's Castramen. des Aneie/is 
 Romains, 1581. [A. R.] 
 
 CU'LEUS, or CU'LLEUS, a Roman measure, 
 which was used for estimating the produce of vine- 
 yards. It was the largest liquid measure used by 
 the Romans, containing 20 amphorae, or 118 gal- 
 lons 7-546 pints. (Rhem. Fann. De Pund. &c. 
 V. 86, 87,— 
 
302 
 
 CULPA. 
 
 CULPA. 
 
 " Est et, bis decies quem conficit amphora nostra, 
 Culleus : hac major nulla est mensura liquoris." 
 
 Compare Plin. H. N. xiv. 4.) [P. S.] 
 
 CU'LEUS or CU'LLEUS. [Cornelia Lex 
 
 DE SiCARIIS.] 
 
 CULI'NA, in its most common acceptation, 
 means a place for cooking victuals, whether the 
 kitchen of a private habitation [House], or the 
 offices attached to a temple, in which the flesh of 
 the victim was prepared for the sacred feasts, or 
 for the priesthood. (Inscrip. ap. Grut. xlix. 3; ap. 
 Biag. Alonum. Gr. et Lat. Mas. Nan. p. 188 ; ap. 
 Mur. 485. 8.) 
 
 It signifies also a convenience, cabinet iVaisance, 
 secessum, d<pe5f)ciu. (Isid. Gloss. Philox; Colum. 
 De Re Rust. ii. 15. "Quaedara quotidie, ut culina 
 et caprile .... debent emundari ;" unless the con- 
 jecture of Schneider is admitted, who proposed to 
 read " suite et caprile.") 
 
 Lastly, it is used for a particular part of the 
 funeral pyre, or of the bustum, on or in which the 
 viands of the funeral feast were consumed. (Festus, 
 s.v. Culina; compare Bustirapi, p. 1()9, and 
 anonymous poet in Catalect.) 
 
 " Neque in culinam et uncta compitalia 
 Dapesque ducis sordidas ; " 
 in which sense it corresponds with the Greek 
 ev(TTpa. (Aristoph. 1'23'2. cd. Bekk.) 
 'E^ ToSdiV eiia'Tpais KovSu\ois rjpiJ.0TT6in)v. 
 
 [A. R.] 
 
 KTfAIH, dim. KTAI'SKH, KTAI'SKION, a com- 
 mon Greek drinking-cup (Pollux, vi. 95), called by 
 the Romans calir. The name was sometimes ap- 
 plied to large cups or vessels (Herod, iv. 70), but 
 was generally restricted to small drinking-cups 
 used at symposia and on similar occasions {rjv 
 ■fjixtv ol TraiSer fiiKpais ki!\i|i irvKvd e7rn|/aK:afai(riv, 
 Xen. Si/mp. ii. 2G). The kuAi| is frequently seen 
 in paintings on ancient vases which represent 
 drinking scenes, and when empty is usually held 
 upright by one of its handles, as shown in the 
 annexed woodcut. 
 
 Athenaeus (xi. p. 480) informs us that these 
 cups were usually made of earthenware, and that 
 the best kind were manufactured in Attica and 
 Argolis. 
 
 The following woodcut, which is referred to in 
 several articles, is taken from Millin {Peintures 
 de Vases Antiqiies, vol. ii. pi. 58), and represents a 
 symposium. Three young and two older men are 
 reclining on a couch ((cA.ii/r)), with their left arms 
 resting on striped pillows (irpocrKccpaAaia or 
 uirayKtivia). Before the couch are two tables. 
 Tiiree of the men are holding the «:uAi| suspended 
 by one of the handles to the fore-finger, the fourth 
 holds a 0ioAt) [Phiala], and the fifth a cpidXri in 
 one hand and a ^vrdf in the other. ['PTTO'N.] 
 In the middle Komos is beating the tympanum. 
 (Becker, Cliarikles, vol. i. p. 505 ; vol. ii. p. 499.) 
 
 CULPA. The general notion of damnum, and 
 the nature of dolus malus are most conveniently 
 explained under this head. 
 
 Damnum is injury done by one man to the pro- 
 perty of another, and done illegally {injuria, i. e. 
 contra jus) ; for this is the meaning of injuria in 
 the actio damni injuriae given by the lex Aquilia 
 (Gains, iii. 210 ; Dig. ix. tit. 2. s. 5) ; and injuria 
 in this sense must not be confounded with the 
 actio injuriarum. (Gains iii. 220.) This damnum, 
 injuria of the lex Aquilia, is done by culpa or by 
 dolus malus ; for damnum done without culpa or 
 dolus malus is casual (casus"), and the doer is not 
 punishable. Damnum, in fact, impUes injuria ; and 
 generally, a man is not bound to make good the 
 damage done by him to another man's property, 
 except on the ground of contract, or on the ground 
 of illegal act where there is no contract, that is 
 culpa or dolus. 
 
 Neither culpa nor dolus can be taken as a genus. 
 
 which shall comprehend the species culpa and 
 dolus, though some writers have so viewed these 
 terms. Dolus malus is thus defined by Labeo 
 (Dig. 4. tit. 3. s. 1): — "Dolus malus est omnis 
 calliditas, fallacia, machinatio ad circumveniendum, 
 fallcndum, decipienduni alteram adhibita." Dolus 
 mains, therefore, has reference to the evil design 
 with which an act is accomplished to the injury of 
 another ; or it may be the evil design with which 
 an act is omitted that ought to be done. The de- 
 finition of Aquilius, a learned jurist, the friend of 
 Cicero, and his colleague in the praetorship (Of. 
 iii. 14), labours under the defect of the definition 
 of Servius, which is criticised by Labeo. (Dig. 4. 
 tit. 8. s. 1.) This seems to be the Aquilius who, 
 by the edict, gave the action of dolus malus in all 
 cases of dolus malus where there was no legislative 
 provision, and there was a justa causa. (Cic. De 
 Nat. Dcor. iii. 30.) 
 
 It is generally considered that culpa may be 
 
CULTER. 
 
 CUNEUS. 
 
 303 
 
 either an act of commission or omission ; and that 
 an act of commission may fall short of dolus, as not 
 coming within the above definition, but it may ap- 
 jiroach very near to dolus, and so become culpa 
 dolo proxima. But the characteristic of culpa is 
 omission. It is true that the damnum which is 
 necessary to constitute the culpa is the consequence 
 of some act ; but the act derives its culpose charac- 
 ter from an act omitted ; otherwise it might be 
 casus, or casual damage. 
 
 Culpa then being characterised by an act of 
 omission (wyli<jentta), or omissio diligentiae, the 
 question always is, how far is the person charged 
 with culpa bound to look after the interest of an- 
 other, or to use diligentia. There is no such gene- 
 ral obligation, but there is such obligation in par- 
 ticular cases. Culpa is divided into lata, levis, 
 and levissima. Lata culpa " est nimia negligentia, 
 id est, non intelligere quod omnes intelligunt," 
 (Dig. .50. tit. 16. s. 213.) If then one man injured 
 the property of another by gross carelessness, he 
 was always bound to make good the damage 
 (damnum praestare). Such culpa was not dolus, 
 because there was not intention or design, but it 
 was as bad in its consequences to tlie person 
 charged with it. 
 
 Levis culpa is negligence of a smaller degree, 
 dud the responsibility in such case arises from con- 
 tract. He who is answerable for levis culpa, is 
 answerable for injury caused to the property of 
 another by some omission, which a careful person 
 could or might have prevented. For instance, in 
 the case of a thing lent [Commodatum], a man 
 must take at least as much care of it as a careful 
 man does of his own property. There is never 
 any culpa, if the person charged with it has done 
 all that the most careful person could do to prevent 
 loss or damage. Le\'issima culpa came within the 
 meaning of the term culpa in the lex Aquilia ; 
 that is, any injury that happened to one man's 
 property through the conduct of another, for want 
 of such care as the most carefid person would take, 
 was a culpa, and tlierefore punishable. 
 
 The word culpa occurs very frequently in the 
 Latin writers in a great variety of meanings ; but 
 the characteristic of such meanings is "careless- 
 ness" or " neglect." Hence may be explained 
 the passage of Horace (Suf. ii. ii. 123), 
 
 " Post hoc Indus erat culpa potare magistra ;" 
 which means to have no magister at all, or, as 
 the Scholiast explains it, " libere potare." The 
 absurdity of the explanation gi'afted on this scho- 
 lium, is only equalled by the absurdity^of Bentlej^'s 
 emendation of ciipa for culpa. [G. L.] 
 
 CULTER (probably from cello, percello; dim. 
 cullelbts, Engl, coulter; in southern Germany, 
 das kolter ; French, eoutcau; Greek, frnxo-ipa, 
 Koiri's, or aipayls), a knife with only one edge, 
 which formed a straight line. The blade was 
 pointed and its back curved. It was used for a 
 variety of pui-poses ; but chiefly for killing animals 
 either in the slaughter-house, or in hunting, or at 
 the altars of the gods. (Liv. iii. 48; Scribonius, 
 Compos. Med. 13; Suet. Atiff. d ; Plant. liud. i. ii. 
 45; Virg. Georg. iii. 492; Ovid. Fast. i. 321.) 
 Hence the expressions — bovem ad culirum emere, 
 " to buy an ox for the purpose of slaughtering it" 
 (Varro, De Re Rust. ii. 5); me sub cultro liyiquii, 
 " he leaves me in a state like that of a victim dragged 
 to the altar" (Hor. Sat. i. ix. 74); se ad cultrum 
 locare, "to become a bestiarius" (Seneca, Ep. 87). 
 
 From some of the passages above referred to, it 
 would appear that the culler was carried in a kind 
 of slieath. The priest who conducted a sacrifice 
 never killed the victim himself; l)ut one of his 
 ministri, appointed for that purpose, who was called 
 either by the general name minister, or the more 
 specific pop>a or cullrarias. (Suet. Caliy. 32.) A 
 tomb-stone of a cultrarius is still extant, and upon 
 it two cultri are represented (Gruter. Inscript. vol. 
 ii. p. 640. No. 11), which are copied in the an- 
 nexed woodcut. 
 
 Q.TIBVRTI.Q.L 
 
 MENOLA.NI 
 CVLTRAKl. OSSA 
 HEIC.SITA . SVNT 
 
 The name culter was also applied to razors (Cic. 
 De Of. ii. 7; Plin. vii. 59; Petron. Sut. 108), 
 and kitchen knives (Varro, ap Non. iii. 32). That 
 in these cases the culter was different from those 
 above represented, and most probably smaller, is 
 certain ; since whenever it was used for shaving or 
 domestic purposes, it was always distinguished 
 from the common culter by some epithet, as culter 
 tonsoriiis, culter coquinaris. Fruit knives were also 
 called cultri ; but they were of a smaller kind 
 {cultelli), and made of bone or ivory (Colum. xii. 
 14.45; Plin. xii. 25; Scribon. c. 83). Colu- 
 mella, who (iv. 25) gives a very minute descrip- 
 tion of a fair vinitoria, a knife for pnunng vines, 
 says that the part of the blade nearest to the 
 handle was called culter on account of its similarity 
 to an ordinary culter, the edge of that part form- 
 ing a straight line. This culter according to him 
 was to be used when a branch was to be cut off 
 which required a hard pressure of the hand on the 
 knife. The name culter, which was also applied 
 to the sharp and pointed iron of the plough (Plin. 
 H. N. xviii. 18. 48) is still extant in English, in 
 the form coulter, to designate the same thing. 
 [Aratrum.] 
 
 The expression in culirum or in cultro collocatus 
 (Vitrav. x. 10. 14) signifies placed in a perpen- 
 dicular position. [L. S.] 
 
 CULTRA'RIUS. [Culter.] 
 
 CU'NEUS was the name applied to a body of 
 foot soldiers, drawn up in the form of a wedge, for 
 the purpose of breaking through an enemy's line. 
 The common soldiers adled it a caput porcinum, or 
 pig's head. 
 
 The wedge was met by the " forfex" or shears, 
 a name given to a body of men drawn up in the 
 form of the letter V, so as to receive the wedge be- 
 
304 
 
 CURATOR. 
 
 CURATOR. 
 
 tween two lines of troopii. (Veget. iii. 19.) The 
 name cuneus was also applied to the compartments 
 of seats in circular or semi-circular theatres, which 
 were so arranged as to converge to the centre of 
 the theatre, and diverge towards the external walls 
 of the building, with passages between each com- 
 partment. [R. W — N.] 
 
 CUNI'CULUS (vv6mfji.os). A mine or pas- 
 sage underground was so called from its resemblance 
 to the burrowing of a rabbit. Thus Martial (xiii. 
 CO) says, 
 
 " Gaudet in effossis habitare cuniculus antris, 
 Monstravit tacitas hostibus Ole vias." 
 
 Fidenae and Veil are said to have been taken 
 by mines, which opened, one of them into the 
 citadel, the other into the temple of Juno. (Liv. 
 iv. 22; V. 19.) Niebuhr (Jm. Horn. ii. 483. 
 transl.) observes that there is hardly any authentic 
 instance of a town being taken in the manner re- 
 lated of Veil, and supposes that the legend arose 
 out of a tradition that Veil was taken by means of 
 a mine, by which a part of the wall was over- 
 thrown. [R. W — N.] 
 
 CURA. [CUR.4.T0R.] 
 
 CURATE'LA. [Curator.] 
 
 CURA'TIO. [Curator.] 
 
 CURA'TOR. Up to the time of pubertas, 
 every Roman citizen was incapable of doing any 
 legal act, or entering into any contract which 
 might be injurious to him. The time when pu- 
 bertas was attained was a matter of dispute ; some 
 fixed it at the commencement of the age of procrea- 
 tion, and some at the age of fourteen. (Gains, i. 
 ]9().) In all transactions by the impubes, it was 
 necessary for the auctoritas of the tutor to be in- 
 terposed. [AucTORiTAS ; Tutor.] With the 
 age of puberty, the youth attained the capacity of 
 contracting marriage and Ijecoming a paterfamilias : 
 lie was liable to military service, and entitled to 
 vote in the eomitia ; and consistently with this, he 
 was freed from the control of a tutor. Females 
 who had attained the age of puberty became sub- 
 ject to another kind of tutela, which is explained 
 in its proper place. [Tutela.] 
 
 With the attainment of the age of puberty by a 
 Roman youth, every legal capacity was acquired 
 which depended on age only, with the exception 
 of the capacity for public ofHces, and there was no 
 rule about age even as to public ofHces before the 
 passing of the lex Villia. [Aediles, p. 16.] It 
 was, however, a matter of necessit}' to give some 
 legal protection to J'oung persons who, owing to 
 their tender age, were liable to be overreached ; 
 and consistently with the developement of Roman 
 jurispindence, this object was effected without in- 
 terfering with the old principle of full legal capacity 
 being attained with the age of puberty. This was 
 accomplished by the lex Plaetoria (the true name 
 of the lex, as Savigny has shown), the date of 
 which is not known, though it is certain that the 
 law existed when Plautus wrote {Psetulolus, i. 3. 
 C9). This law established a distinction of age, 
 which was of great practical importance, by form- 
 ing the citizens into two classes, those above and 
 those below twenty-five years of age {minorcs vu/it/ii 
 quinffie aitnix), whence a person under the last- 
 mentioned age was sometimes simply called minor. 
 The oljject of the lex was to protect persons under 
 twenty-five years of age against all fraud (dolux). 
 The person who was guilty of such a fraud was 
 liable to a judicium publicum (Cic. Dc Nai. Dcor. \ 
 
 iii. 30), though the oifence was such as in the 
 case of a person of full age would only have been 
 matter of action. The punishment fixed by t!ic 
 lex Plaetoria was probably a pecuniary penalty, j 
 and the consequential punishment of infamia or ' 
 loss of political rights. The minor who had been 
 fraudently led to make a disadvantageous contract 
 might protect himself against an action by a plea 
 of the lex Plaetoria (e^ajitio lc(/is Plaetoria''). 
 The lex also appears to have further provided that 
 any person who dealt with a minor might avoid all 
 risk of the consequences of the Plaetoria lex, if the 
 minor was aided and assisted in such dealing by a 
 curator named or chosen for the occasion. I$iit 
 the curator did not act like a tutor : it can hardly 
 be supposed that his consent was even necessary to 
 the contract ; for the minor had full legal capacity 
 to act, and the business of the curator was merely 
 to prevent his being defrauded or surprised. 
 
 The praetorian edict carried still further the 
 principle of the lex Plaetoria, by protecting minors 
 generally against positive acts of their own, in 
 all cases in which the consequences might be 
 injurious to them. This was done by the " in 
 integrmn restitutio : " the praetor set aside trans- 
 actions of this description, not only on the ground 
 of fraud, but on a consideration of all the circum- 
 stances of the case. But it was necessary for the 
 minor to make application to the praetor, either 
 during his minority or within one year after attain- 
 ing it, if he claimed the restitutio ; a limitation 
 probably founded on the lex Plaetoria. The pro- 
 visions of this lex were thus superseded or ren- 
 dered unnecessary by the jurisdiction of the prae- 
 tor, and accordingly we find very few traces of the 
 Plaetorian law in the Roman jurists. 
 
 Ulpian and his contemporaries speak of adoles- 
 centes, under twenty-five years of age, being under 
 the general direction and advice of curatores, as a 
 notorious principle of law at that time. (Dig. 4. 
 tit. 4 ; De Minoribus xxv Annis.) The establish- 
 ment of this general rule is attributed by Capito- 
 linus {M. Anton, c. 10) to the emperor M. Aurc- 
 lius in a passage which has given rise to nnich dis- 
 cussion. We shall, however, adopt the explana- 
 tion of Savigny, which is as follows: — Up to the 
 time of Marcus Aurelius there were only three 
 cases or kinds of curatela." 1. That which was 
 founded on the lex Plaetoria, by which a minor 
 who wished to enter into a contract with another, 
 asked the praetor for a curator, stating the ground 
 or occasion of the petition {reddita mus(i). One 
 object of the application was, to save the other con- 
 tracting party from all risk of judicial proceedings 
 in consequence of dealing with a minor. Another 
 object was, the benefit of the applicant (the minor); 
 for no prndent person would deal with him, ex- 
 cept with the legal security of the curator. (Plaut. 
 l'seiidoliis,[. 3. G9. "Lex me perdit quinavicenaria: 
 metuunt credere omnes.") 2. The curatela, which 
 was given in the case of a man wasting his sub- 
 stance, who was called " prodigus." 3. And that 
 in the case of a man being of unsound mind, 
 " demons," " furiosus." In both the last-mentioned 
 cases provision was made either by the law or by 
 the praetor. Curatores who were determined by 
 the law of the Twelve Tables, were called Icgitimi ; 
 those who were named by the praetor, were called 
 honorarii. A furiosus and prodigus, whatever 
 might be their age, were placed under the cura of 
 their agnati by the law of the Twelve Tables. 
 
CURATOR. 
 
 CURATORES. 
 
 305 
 
 iV'lien there was no ]cga.\ provision for the appoint- 
 iiciit of ;i cui-ator, the praetor named one. Cura- 
 iircs appointed by a consul, praetor, or governor 
 if II province (pmesef:), were not generally required 
 n ^ive secuiity for their projjer conduct, having 
 H-en chosen as tit persons for the office. \\'hat 
 • he lex Plaetoria retiuired for particular transac- 
 ions, the emperor Aurelius made a general rule, 
 nid all minors, without exception, and without any 
 jii'cial grounds or reasons (iioii rcdditis musis), 
 i i're reipured to have curatores. 
 
 The following is the result of Savigny's investiga- 
 ions into the curatela of minors after the constitution 
 ■f A[. Aurelius. The sul)ject is one of considerable 
 litiiculty, but it is treated with the most consuni- 
 iiate skill, the result of complete knowledge, and 
 iiirivalled critical sagacity. The minor only re- 
 I'ived a general curator when he made application 
 " the praetor for that purpose : he had the right 
 if proposing a person as curator, but the praetor 
 iiiii;lit reject the person proposed. The curator, on 
 I ling appointed, had, without the concurrence of the 
 ■niuor, as complete power over the minor's property 
 ^s the tutor had up to the age of puberty. He 
 ■nuld sue in respect of the minor's property, get in 
 li hts, and dispose of projierty like a tutor. But it 
 u:is only the property which the praetor intrusted 
 to him that he managed, and not the acquisitions 
 of the minor subsequent to his appointment ; and 
 herein he differed from a tutor who had the care of 
 dl the property of the pupillus. If it was intend- 
 ed that the curator sliould have the care of that 
 which the minor acquired, after the curator's ap- 
 pointment, by will or otherwise, a special applica- 
 tion for this pui-pose was necessary. Thus, as to 
 the property which was placed under the care of 
 the curator, both as regards alienation and the 
 getting in of debts, the minor was on the same 
 footing as the prodigus: his acts in relation to such 
 matters, without the curator, were void. But the 
 legal capacity of the minor to contract debts was 
 not affected by the appointment of a curator ; and 
 lie might be sued on his contract either during his 
 minority or after. Nor was there any inconsist- 
 ency in this : the minor could not spend his actual 
 property by virtue of the power of the curator, and 
 the preservation of his property during minority 
 was the object of the curator's appointment. But 
 the minor would have been deprived of all legal 
 capacity for doing any act if lie could not have be- 
 come liable on his contract. The contract was not 
 in its nature immediatelj* injurious, and when the 
 time came for enforcing it against the minor, he 
 had the general protection of the restitutio. If the 
 minor wished to be adrogated [AdoptIo], it was 
 necessary to have the consent of the cui'ator. It 
 is not stated in the extant authorities what was 
 the form of proceeding when it was necessary to 
 dispose of any property of the minor by the man- 
 cipatio or in jure cessio; but it may be safely 
 assumed that the minor acted (for he alone could 
 act on such an occasion) and the curator gave his 
 consent, which, in the case supposed, would be 
 analogous to the auctoritas of the tutor. But it 
 would differ from the auctoritas, in not being, like 
 the auctoritas, necessary to the completion of the 
 legal act, but merely necessary to remove all legal 
 objections to it when completed. 
 
 The cura of spendthrifts and persons of unsound 
 mind, as already observed, owed its origin to the 
 laws of the Twelve Tables. The technical word 
 
 for a person of unsound mind in the Twelve Tables 
 is furiosns, which is e(|uivalent to ileiucns ; and 
 both words are distinguished from i/isatins. Though 
 Juror implies violence in conduct, and dementia only 
 menial imheeilit;/, there was no legal difference be- 
 tween the two terms, so far as concerned the cura. 
 Insunia is merely weakness of understiinding 
 (ftultilia consta/itiu, id est, sanitate vacuns, Cic. 'fuse, 
 Qmcst. iii. 5), and it was not provided for by the 
 laws of the Twelve Tables. In later times, the 
 praetor appointed a curator for all persons whose 
 infinnities required it. This law of the Twelve 
 Tables did not apply to a pupillus or pupilla. If, 
 therefore, a pupillus was of unsound mind, the 
 tutor was his curator. If an agnatus was the 
 curator of a furiosus, he had the power of alienating 
 the ])roperty of the furiosus. (Gains, ii. fi4.) The 
 prodigus only received a curator upon application 
 being made to a magistratus, and a sentence of in- 
 terdiction being pronounced against him (et bonis 
 intcrdictum est. Compare Cic. L>e Sencc. c. 7). The 
 fonn of the interdictio was thus: — " Quando tibi 
 bona patema avitaque nequitia tua disperdis, 
 liberosque tuos ad egestatem perducis, ob eam rem 
 tibi ea re coinmercioque intcrdico." The cura of 
 the prodigus continued till the interdict was dis- 
 solved. It might be inferred from the fonn of the 
 interdict, that it was limited to the case of per- 
 sons who had children ; but perhaps this was not 
 so. 
 
 It will appear from what has been said, that, 
 whatever similarity there may be between a tutor 
 and a curator, an essential distinction lies in this, 
 that the curator was specially the guardian of pro- 
 perty, though in the case of a furiosus he nmst 
 also have been the guardian of the person. A 
 curator must, of course, be legally qualified for his 
 functions, and he was bound, when appointed, to 
 accept the duty, unless he had some legal exemp- 
 tion {r.icnsatio). The ciu-ator was also bound to 
 account at the end of the curatela, and was liable 
 to an action for misconduct. 
 
 The word cura has also other legal applications : 
 — 1. Cura bonorum, in the case of the goods of a 
 debtor, which arc secured for the benefit of his 
 creditors. 2. Cura bonorum et vcntris, in the case 
 of a woman being pregnant at the death of her 
 husband. 3. Cura kcrcditatis, in case of a dispute 
 as to who is the heres of a person, when his sup- 
 posed child is under age. 4. Cura hereditatis 
 jaeeniis, in the case of a property, when the heres 
 had not yet declared whether or not he would ac- 
 cept the inheritance. 5. Cara bonorum absentis, iu 
 the case of ])roperty of an absent person who had 
 appointed no manager of it. 
 
 This view of the curatela of minors is from an 
 essay by Savigny, who has handled the whole 
 matter in a way equally adminible, both for the 
 scientific precision of the method and the force and 
 perspicuity of the language. ( Fon dcm Sc/iutz dcr 
 i\/iudi ij(ilirif/en, Zeitsehrift. x. ; Savigny, Vom 
 Bern/, &c. p. 102; Gains, i. 197 ; Ulp. Fruff. xii.; 
 Dirkscn, Uebersicht, &c. Tab. v. Fray. 7 ; Mac- 
 keldey, Lehrbuch dcs lieutiycn R'6misclie.n Reehts ; 
 Thibaut, Hi/stem, des Pandekten-Rcehts ; Marezoll, 
 Lehrbuch, &c. : a reference to these authorities will 
 enable the reader to carry his investigations fur- 
 ther, and to supply what is purposely omitted in 
 this sketch.) [G. L.] 
 
 CURATO'RES were public officers of various 
 kinds under the Roman empire, several of whom 
 
 X 
 
306 
 
 CURIA. 
 
 CURIAE. 
 
 were first established by Autfiistus. (Suet. Amf. 
 37.) The most important of them were as fol- 
 low : — 
 
 I. CuRATORES Alvei et Riparum, who had 
 the charge of tlie navigation of the Tiber. The 
 duties of their office may be gathered from Ulpian 
 (Dig. 43. tit. 1.5). It was reckoned very honour- 
 able, and the persons who filled it received after- 
 wards the title of comites. 
 
 II. CuRATORES An'Nonae, who purchased com 
 and oil for the state, and sold it again at a small 
 price among the poorer citizens. They were also 
 called cumfnre.s emcndi frnmenti et olei, and 
 (Tnwvai and iKaiiuvai. (Dig. 50. tit. 5. s. Hi. § 5.) 
 Their office belonged to the personalia munera ; 
 that is, it did not require any expenditure of a 
 person's private property ; but the ciiratores re- 
 ceived from the state a sufficient sum of money to 
 purchase the required amount. (Dig. 50. tit. 8. 
 s. 9. § 5.) 
 
 III. CuRATORES AqUARUM. [AqUAE DuC- 
 
 TU.s, p. 6G.] 
 
 IV. CuRATORES Kalendarii, who had the 
 care in municipal towns of the kahndaria ; that is, 
 the books which contained the names of the per- 
 sons to whom public money, which was not wanted 
 for the ordinary expenses of the town, was lent on 
 interest. The office belonged to the personalia 
 munera. (Dig. 50. tit. 4. s. 18. § 2 ; tit. 8. s. 9. 
 § 7 ; Heinecc. A/itiq. Rom. iii. IS. § 4.) These 
 officers are mentioned in inscriptions found in 
 municipal towns. (Orelli, Inscriji. No. 3940. 4491.) 
 
 V. CuRATORES LuDORUM, who had the care of 
 the public games. Persons of rank appear to have 
 been usually appointed to this office. (Tacit. Ann. 
 xi. 3.) ; xiii. 22 ; Suet. Cal. 27.) In inscriptions, 
 they are usually called curatores muneris gtadia- 
 torii, &c. 
 
 VI. CuRATORES Operum Publicorum, who 
 had the care of all public buildings, such as the 
 theatres, baths, aquaeducts, &c., and agreed with 
 the contractors for all necessary repairs to them. 
 Their duties under the republic were discharged by 
 the aediles and censors. [Censores, p. 211.] Thej' 
 are frequently mentioned in inscriptions. (Orelli, 
 Inscrip. No. 24. 130G. 2273.) 
 
 VII. CuRATORES Regionum, who had the 
 care of the fourteen districts into which Rome was 
 divided under the emperors, and whose duty it was 
 to prevent all disorder and extortion in their re- 
 spective districts. This office was first instituted 
 by Augustus. (Suet. An<i. 30.) There were usu- 
 ally two officers of this kind for each district ; Alex- 
 ander Sevems, however, appears to have appointed 
 only one for each ; but these were persons of consular 
 rank, who were to have jurisdiction in conjunction 
 with the praefectus urbi. (Lamp. Alejr. ik<.\ 33.) 
 We are told that Marcus Antoninus, among other 
 regulations, gave special directions that the cura- 
 tores regionum should either punish, or bring 
 before the praefectus urbi for punishment, all per- 
 sons who exacted from the inhabitants more than 
 the legal taxes. (.lul. Cajiitol. AI. Anton. 12.) 
 
 VIII. Curatores Reipublicae, also called 
 LoGisTAE, who administered the landed property 
 of municipia. (Dig. 50. tit. 8. s. 9. § 2 ; 2. tit. 14. 
 s. 37.) Ulpian wrote a separate work, De Officio 
 Curatoris Reipublicae. 
 
 IX. CuRATORES VlARUM. [VlAE.] 
 
 KT'PBEIS. ["AHONES.] 
 CU'RIA. [Curiae.] 
 
 CU'RIAE. The accounts \vb h have come 
 down to us of the early ages of Rome, represent 
 the burghers, or proper citizens (the pojmlus of 
 the Annals), to have been originally divided into 
 tliree tribes — the Ramnes, Titienses, and Luceres, 
 (Liv. X. 6.) [Tribus.] Each of these tribes 
 was composed of a union of ten curiae [(pparpiai), 
 or wards, so that the whole number of the latter 
 was thirty. Again, each of these thirty curiae 
 was formed of gentes or houses, the families con- 
 stituting which were not of necessity related ; just 
 as at Athens the yevvrjTai or members of a ylvos, 
 also called oixoyaKaKres, were no way akin, but 
 bore this name solely in consequence of their 
 union. (Niebuhr, Hist. Rom. i. 311. transl.) 
 Dionysius (ii. 7) further informs us that Romulus 
 divided the curies into decads, i. e. decads of gentes 
 or houses, at the head of which were oflicers 
 called decurions : each of the three tribes, there- 
 fore, was originally composed of one hundred gentes 
 [Gens]; and as in the old legion the three centu- 
 ries of horse corresponded to the three tribes, so did 
 the thirty centuries of foot represent the same 
 number of curiae. We need not, however, infer 
 from this that the number of soldiers in each 
 century was always a hundred. (Varro, De Ling. 
 Lat. lib. iv. ; Arnold, Hist. Rom. vol. i. p. 25.) 
 
 The curiae whose names have come down to us 
 are only seven : the Forensis, Rapta, Faucia or 
 Saucia, Tatiensis, Tifata, Veliensis, and Velita. 
 According to Livy (i. 13), these names were de- 
 rived from the Sabine women carried ofi' during 
 the consualia ;* according to Varro (Dionys. ii. 47), 
 from their leaders (ocS^es Tjye^oces), by which 
 he may mean Heroes EponJ^ni (Niebuhr, Hist, 
 Rom. i. 313. transl.); others again connect them 
 with the neighbouring places. (Pint. Romul.) 
 
 Each of these thirty curiae had a president 
 (curio) who perfonned the sacred rights, a partici- 
 pation in which served as a bond of union amongst 
 the members. (Dionys. ii. 7. 64.) The curiones 
 themselves, forming a college of thirty priests, 
 were pi'esided over by the curio maj'imus. More- 
 over, each of these corporations had its common 
 hall, also called curia, in which the citizens met 
 for religious and other purposes. (Dionys. ii. 23.) 
 But besides the halls of the old corporations, there 
 were also other curiae at Rome used for a variety 
 of purposes : thus we read of the curia Saliorum, 
 on the Palatine (Cic. £)e Diciu. i. 11); of the 
 curia Calahra, on the Capitoline, said to have been 
 so called from calarc, because the pontifex minor 
 there proclaimed to the people the number of days 
 between the calends and the nones of each 
 month. (Facciol. s. v.) But the most important 
 of all was the curia in which the senate gener- 
 ally met ; sometimes simply called curia, some- 
 times distinguished by the epithet Hostilia, as 
 it was said to have been built by TuUus Hos- 
 tilius. This, however, was destroyed by fire, 
 and in its place Augustus erected another, to 
 which he gave the name of curia Julia, though 
 it was still occasionally called the curia Hostilia. 
 (Cramer, Italy, vol. i. p. 402.) 
 
 * The poetical story of the rape of the Sabine 
 women, probably indicates that at one time no 
 connuhium, or right of intermarriage, existed be- 
 tween the Romans and the Sabines till the foimer 
 extorted it by force of arms. A more intimate 
 union would, of course, be the consequence. 
 
KTfPIOS. 
 
 CURRUS. 
 
 307 
 
 The readei of Niebuhr will be aware that the 
 curiae (we are now speaking of the corporations) 
 were formed of the original burghers of the three 
 jiatrician tribes, whose general assembly was tlie 
 t nraitia curiata, and whose representatives originally 
 formed the smaller assembly or senate. They 
 were, in fact, essentiidly exclusive bodies, in whose 
 hands were the whole government and property of 
 the state ; for the plcbs which grew up around 
 them, formed as it was of various elements, but 
 not included in the curiae, had for a long time no 
 ^lla^e in the government of the state or its property. 
 ( hir own country, before the alteration in the laws 
 relating to tlie franchise and municipal govern- 
 ment, exhibited a parallel to this state of things. 
 The freemen in many instances enjoyed the fran- 
 chise, and possessed the property of their respective 
 boroughs, though their unprivileged fellow-citizens 
 often exceeded them both in numbers and inHu- 
 ence. But it is the nature of all exclusive cor- 
 porations to decline in power and everything else : 
 and so it was at Rome ; for in the later ages of the 
 republic, the curiae and their coraitia were little 
 miu'e tlian a name and a form. The ohlatio curuie 
 under the emperors, seems to show that to belong 
 to a curia was then no longer an honour or an 
 advantage, but a burthen. (Heinec. x. 24.) 
 
 In later ages, curia signified the senate of a 
 colony in opposition to the senatus of Rome. [Co- 
 i.oNiA, p. 259.] Respecting the etjnnology of the 
 word, see Comitia, p. "272. [R. W — N.] 
 
 CURIA'TA COMI'TIA. [Comitia.] 
 
 CURIO. [Curiae.] 
 
 KT'PIOS signifies generally the person that was 
 responsible for the welfare of such members of a 
 femily as the law presumed to be incapable of pro- 
 tecting themselves ; as, for instance, minors and 
 slaves, and women of all ages. Fathers, therefore, 
 and guardians, husbands, the nearest male relatives 
 of women, and masters of families, would all bear 
 this title in respect of the vicarious functions exer- 
 cised by them in behalf of the respective objects of 
 their care. The qualifications of all these, in re- 
 spect of which they can be combined in one class, 
 designated by the term Kupios, were the male 
 sex, years of discretion, freedom, and when citizens 
 a sufficient share of the franchise ( tvriTi/iia) to en- 
 able them to appear in the law courts as plaintiffs 
 or defendants in behalf of their several charges ; in 
 the case of the Kvpios being a resident alien, the 
 deficiency of franchise would be supplied by his 
 Athenian patron (irpotrxaTTij). The duties to be 
 performed, and in defaidt of their performance, the 
 penalties incurred by guardians, and the proceed- 
 ings as to their appointment, are mentioned under 
 their more usual title ['Em'TPOnOI]. 
 
 The business of those who were more especially 
 designated Ktiptoi in the Attic laws, was to protect 
 the interests of women, whether spinsters or 
 widows, or persons separated from their husbands. 
 If a citizen died intestate, leaWng an orphan daugh- 
 ter, the son, or the father, of the deceased was 
 bound to supply her with a sufficient dowry, and 
 give her in marriage ; and take care, both for his 
 own sake and that of his ward, that the husband 
 made a proper settlement in return for what his 
 bride brought him in the way of dower [d-KOTi/xTifia, 
 Harpocr.). In the event of the death of the hus- 
 band or of a divorce, it became the duty of the 
 Kvpios that had betrothed her, to receive her back 
 and recover the dowry, or at all events ali- 
 
 mony from the husband or his representatives. If 
 the father of the woman had died intestate, with- 
 out leaving such relations as above-mentioned sur- 
 viving, tliese duties devolved upon the next of 
 kin, who had also the option of manying her him- 
 self, and taking her fortune with her, whether it 
 were great or small. (Bunsen. De. J. H. Atli. p. 46.) 
 If the fortune was small, and he was nnwilling to 
 marry her, he was obliged to make up its defici- 
 encies according to a regulation of Solon (Demosth. 
 c. Macart. 10(18); if it were large he might, it 
 appears, sometimes even take her away from a 
 husband to whom she had been married, in the 
 lifetime and with the consent of her father. 
 
 There were various laws for the protection of 
 female orphans against the neglect or cruelty of 
 their kinsmen ; as one of Solon's (Diod. Sic. xii. 
 p. 208), whereby they could compel their kinsmen 
 to endow or marry them; and another which after 
 their marriage enabled any Athenian to bring an 
 action KaKticrews, to protect them against the 
 cruelty of their husbands (Petit. Ler/. Att. 543) ; 
 and the archon was specially entnisted with official 
 power to interfere in their behalf upon all occasions. 
 Demosth.cM«Tart.l076.) [KA'Kn2I2.] [J.S.M.] 
 
 CURSO'RES were slaves, whose duty it was 
 to run before the carriage of their masters, for the 
 same purpose as our outriders. They were not 
 used during the times of the republic, but appear 
 to have first come into fashion in the middle of the 
 first century of the Christian aera. The slaves 
 employed for this purpose appear to have fre- 
 quently been Numidians. (Senec. Ep. 87. 12(5 ; 
 Mart. iii. 47 ; xii. 24; Petron. 28.) The word 
 cursores was also applied to all slaves, whom 
 their masters employed in carrying letters, mes- 
 sages, &c. (Suet. Nei: 49 ; Til. 9^; Tacit. A()ric. 
 43.) 
 
 CURSUS. [Circus, p. 233.] 
 CURU'LIS SELLA. [Sella Curuus.] 
 CURRUS, dim. CURRI'CULUM (a>ct), a 
 chariot, a car. These terms appear to have denot- 
 ed those two-wheeled vehicles for the carriage of 
 persons, which were open overhead, thus differing 
 from the cwjx'iituin, and closed in front, in which 
 they differed from the cisiiim. One of the most 
 essential articles in the constmction of the currus 
 was the aVTv^, or rim ; and it is accordingly seen 
 in all the chariots which are represented either in 
 this article or at pp. 55. 194. 230 ['ANTTH]. An- 
 other indispensable part was the axle, made of oak 
 {(pij-yiuos a^wy, Hom. //. v. 838, imitated by Virgil, 
 fuyinun a.ria, Gcon/. iii. 172), and sometimes 
 also of ilex, ash, or elm (Plin. H. N. xvi. 84). 
 The cars of Juno and Neptune have metallic axles 
 ((TiSnipios, x'^^'^^os a^oiv, Hom. //. v. 723 ; xiii. 
 30). One method of making a chariot less liable to 
 be overturned was to lengthen its axle, and thus 
 to widen the base on which it stood. The axle 
 was firmly fixed under the body of the chariot, 
 whicli, in reference to this circumstance, was called 
 uTrepTcpi'a, and which was often made of wicker- 
 work, inclosed by tlie avrv^ (Hom. //. xxiii. 335. 
 436; Hesiod, 5ek 306). Fat (Aittos, Jo. Tzetzes 
 ill IIc.i. Scut. 309) and pressed olives (ainurca, 
 Plin. H. N'. XV. 8) were used to grease the axle. 
 
 The wheels (kukAo, rpoxo', rotae) revolved upon 
 the axle (Tim. Lcj: Plat.) as in modern carriages ; 
 and they were prevented from coming off" by the 
 insertion of pins {e/xSoKoi) into the extremities 
 of the axle (d/cpa|oi/i'a). Pelops obtained 
 
308 
 
 CURRUS. 
 
 CURRTIS. 
 
 his celcbratfd victory over Oenomaus through 
 the artifice of Hippodaniia, who, wishin;; to 
 many Pelops, persuaded Myrtilus, the cliarioteer 
 of his adversary, to omit inserting one of the linch- 
 pins in the axle of his car, or to insert one of wax. 
 (Pherecydes, up. Schol. in Apoll. Rhod. i. 75"2.) 
 She thus caused the overthrow and death of her 
 fatlier Oenomaus, and then married the conqueror 
 in the race. 
 
 Sir W. Gell describes, in the following terms, 
 the wheels of three cars which were found at Pom- 
 peii : — " The wheels light, and dished much like 
 the modern, 4 feet 3 inches diameter, 10 spokes, a 
 little thicker at each end." {Pompciana, Lond. 
 1819. p. 133.) These cars were probably intended 
 for the purposes of common life. From Xenophon 
 we leani that the wheels were made stronger 
 when they were intended for the field of battle. 
 After each exciu'sion the wheels were taken off the 
 chariot, which was laid on a shelf or reared against 
 a wall ; and thej' were put on again whenever it was 
 wanted for use. (Horn. //. v. 722.) 
 
 The parts of the wheel were as follows : — 
 
 {a) The nave, called irKilfxi'Ti (Horn v. 72C ; 
 xxiii. 339 ; Hesiod, Scut. 309 ; Schol. i/i. foe), 
 XoiviKis, modiolus (Plin. H. N. ix. 3). The two 
 last tenus are founded on the resemblance of the 
 nave to a modius or bushel. The nave was 
 strengthened by being bound with an iron ring, 
 called iT\7ifj.v6SeToi'. (Pollux, Otioin.) 
 
 (6) The spokes, Kvrjfj.ai (literally, the h'f/s), radii. 
 We have seen that the spokes were sometimes ten 
 in number. In other instances they were eight 
 {kvkKu oKrcLKviifia, II. v. 723), six, or four. In- 
 stead of being of wood, the .spokes of the chariot of 
 the sun, constructed by Vulcan, were of silver 
 {radiurum argenieus ordo, Ovid. Met. ii. 108). 
 
 (c) The felly, "trvs (Horn. //. v. 724). This was 
 commonly made of some flexible and elastic wood, 
 such as poplar (/Z. iv. 482 — 48()), or the wild fig, 
 which was also used for the rim of the chariot ; 
 lieat was applied to assist in producing the re- 
 quisite curvature. (//. xxi. 37, 38, compared with 
 Theocrit. xxv. 247 — 251.) The felly was, however, 
 composed of separate pieces, called arcs (o^l^iSej, 
 Hesiod, Op. et Dies, 42G). Hence the observation 
 of Plutarch, that as a "■ wheel revolves, first one 
 apsis is at the highest point and then another." 
 Hesiod (/. c.) evidently intended to recommend 
 that a wheel should consist of four pieces. 
 
 (rf) The tire, iirlatnTpov, caidhus. Homer (//. v. 
 72.5) describes the chariot of .luno as having a tire 
 of bronze upon a golden felly, thus placing the 
 harder metal in a position to resist friction, and to 
 protect the softer. On the contrary, Ovid's de- 
 scription is more ornamental tliaii correct ; Aurca 
 summae curvatura rotae " {Met. ii. 107). The tire 
 was commonly of iron, (Hesychius; Quintil. lust. 
 Or. i. a. p. 88. ed. Spaldhig.) 
 
 All the parts now enumerated are seen in an 
 ancient chariot preserved in the Vatican, a repre- 
 sentation of which is given in the annexed wood- 
 cut. 
 
 This chariot, which is in some parts restored, 
 also shows the pole (pvfids, temo). It was fimilj' 
 fixed at its lower extremity to the axle, whence 
 the destmction of Phaeton's chariot is represented 
 by the circumstance of the pole and axle being 
 torn asunder {tcmone reru/sus im-w, Ovid, Met. ii. 
 316). At the other end (aKpoppifiiov) the pole 
 was attached to the yoke either by a pin {^/mSoXos), 
 
 as shown in the chariot above engraved, or by the 
 use of ropes and bands [Jugum]. 
 
 Carriages with two or even three poles were 
 used by the Lydians. (Aeschyl. fers. 47.) The 
 Greeks and Romans, on the other hand, appear 
 never to have used more than one pole and one 
 yoke, and the cumis thus constructed was com- 
 monly drawn by two horses, which were attached 
 to it by their necks, and therefore called Si^vyes 
 'liriroi (Hom. V. 195; x. 473), avvoipis (Xen. 
 Hell. i. 2. §1), "gemini jugalcs " (Virg. Aen. vii. 
 280), " equi bijuges" (Geon/. iii. 91). 
 
 If a third horse was added, as was not unfre- 
 quently the case, it was fastened by traces. It may 
 have been intended to take the place of either of 
 the yoke horses {^vyioi 'Iwoi), which might happen 
 to be disabled. The horse so attached was called 
 wap-rlopos. When Patroclus returned to battle in 
 the chariot of Achilles, two immortal horses, Xan- 
 thus and Balius, were placed under the yoke ; 3 
 third, called Pedasus, and mortal, was added on 
 the right hand, and having been slain, caused con- 
 fusion until the driver cut the harness by which 
 this third horse was fastened to the chariot. (Horn. 
 //. xvi. 148 — 154. 467—474.) Ginzrot {M'Hc/en 
 iind Faliru-erlce, vol. i. p. 342) has published two 
 drawings of chariots with three horses, from Etrus- 
 can vases in the collection at Vienna. The 'Imros 
 Trap-qopos is placed on the right of the two yoke 
 horses. (See woodcut.) We also observe traces 
 passing between the two avrvyes, and proceeding 
 from the front of the chariot on each side of the 
 middle horse. These probably assisted in attach- 
 ing the third, or extra horse. 
 
CURRUS. 
 
 CURRUS. 
 
 309 
 
 The Latin name for a chariot and pair was 
 biga. [Biga.] When a third horse was added, 
 it was called trvja ; and by the same analogy a 
 chariot and four was called quudruja ; in Greek, 
 Terpaop'ia or TedpmiTos. 
 
 The horses were commonly harnessed in a 
 quadriga after the manner already represented, the 
 two strongest horses being placed under the yoke, 
 and the two others fastened on each side by means 
 of ropes. This is implied in the use of the epi- 
 thets (Teipaios or creLpacpSpos, and funalis or funa- 
 rius, for a horse so attached. (Isid. Orif/. xviii. 
 35.) The two exterior horses were further dis- 
 tinguished from one another as the right and the 
 left trace-horse. In a chariot race described by 
 Sophocles (Electra, GOO — 738), the driver, aiming 
 to pass the goal which is on his left hand, restrains 
 the nearest horse and gives the reins to that which 
 was furthest from it, viz. the horse in traces on 
 the right hand (Se^wf S' dveh creipoiov 'Ivnop). 
 In the splendid triumph of Augustus after the 
 battle of Actium, the trace-horses of his car were 
 ridden by two of his young relations. Tiberius 
 rode, as Suetonius relates, " sinisteriore funali 
 c(juo," and Marcellus " dexteriore funali equo." I 
 
 If we may rely on the evidence of numerous 
 works of art, the currus was sometimes drawn by 
 four horses without either yoke or pole; for we see 
 two of them diverging to the right hand and two 
 to the left, as in the beautiful cameo copied under- 
 neath, which exhibits Apollo suiTounded by the 
 signs of the zodiac. If the ancients really drove 
 the quadriga thus harnessed, we can only suppose 
 the charioteer to have checked its speed by pulling 
 up the horses, and leaning with his whole body 
 backwards, so as to make the bottom of the car at 
 its hindennost border scrape the ground, an act 
 and an attidude which seem not unfrequently to be 
 intended in antique representations. 
 
 The currus, like the cisium, was adapted to 
 cany two persons, and on this account was called 
 m Greek dicppos. One of the two was of course 
 the driver. He was called ^j^'^oxos, because he 
 held the reins, and his companion vapaiSdrris, 
 from going by his side or near him. Though in all 
 respects superior, the itapaiSarrjS was often obliged 
 to place himself behind the rji'ioxos. He is so re- 
 presented in the biga at p. .55, and in the Iliad 
 (xix. 397) AchiUes himself stands behind his cha- 
 rioteer, Automedon. On the other hand, a per- 
 sonage of the highest rank may drive his own car- 
 riage, and then an inferior may be his Trapaigorrjs, 
 as when Nestor conveys Machaon (Trap' Se Max<£«i' 
 
 As the works of ancient art, especially fictile vases, 
 abound in representations of quadrigae, numerous 
 instances may be observed, in which the two 
 middle horses (d fieaos S^^ios Kai 6 fiiaos dptcrre- 
 pos, Schol. ill AristopI/. j\iil>. 122) are yoked to- 
 gether as in a biga ; and, as the two lateral ones 
 have collars (K4iraSva) equally with the yoke- 
 horses, we may presume that from the top of these 
 proceeded the ropes which were tied to the rim of 
 the car, and by which the trace-horses assisted to 
 draw it. Tiie first figure in the annexed woodcut 
 is the chaiiot of Aurora, as painted on a vase found 
 at Canosa (Gerhard, iit/er LichtgoHlieitcii, pi. iii. 
 fig. 1). The reins of the two middle horses pass 
 through rings at the extremities of the yoke. iVll 
 the particulars which have been mentioned are still 
 more distinctly seen in the second figure, taken 
 from a terra-cotta at Vienna. (Ginzrot, v. ii. p. 
 107,108.) It represents a chariot overthrown in 
 passing the goal at the circus. The charioteer 
 having fallen backwards, the pole and yoke are 
 thrown upwards into the air ; the two trace-horses 
 have fallen on their knees, and the two yoke- 
 horses are prancing on their hind legs. 
 
 Paive. II. xi. 512. 517), and Juno, holding the 
 reins and whip, conve3-s Minerva, who is in full 
 armour (v. 720 — 775). In such cases a kindness, 
 or even a compliment, was conferred by the driver 
 upon him whom he conveyed, as when Dionysius, 
 tyrant of Sicily, "himself holding the reins, made 
 Plato his TrapaigoTTjs." (Aelian, V. H. iv. 18.) In 
 the contest which has been already referred to, and 
 wliich was so celebrated in Greek mythology, Oeno- 
 maus entrusts the reins to the unfaithful Myrti- 
 lus and assumes the place of his vapaiSaTTts, whilst 
 Pelops himself drives with Hippodamia as his 
 TrapaiSdris, thus honouring her in return for the 
 service she had bestowed. (ApoUon. Rhod. i. 752 
 -758.) 
 
 The Persepolitan sculptui'es, and the inntuner- 
 able paintings discovered in Egyptian tombs, con- 
 cur with the historical writings of the Old Testa- 
 ment, and with the testimony of other ancient 
 authors, in showing how commonly chariots were 
 employed on the field of battle by the pjgyptians, 
 the Persians, and other Asiatic nations. The Greek 
 poetry of the heroic ages proves with equal cer- 
 tainty the early prevalence of the same custom in 
 Greece. The dpicTTrjes, i. c. the nobility, or men of 
 rank, who wore complete suits of armour, all took 
 their chariots with them, and in an engagement 
 placed themselves in front. (Sec pp. 84. 88.) Such 
 
310 
 
 CURRUS. 
 
 CURRUS. 
 
 were the iVirerr, or cavalry, of the Homeric period, 
 the precursors of those who, after some centuries, 
 adopted the less expensive and ostentatious prac- 
 tice of riding on horseback, but who, nevertheless, 
 in consideration of their wealth and station, still 
 maintained their own horses rather to aid and ex- 
 hibit themselves individually on the field than to 
 act as members of a compact body. In Homer's 
 battles we find that the horseman, who for the pur- 
 pose of using his weapons, and in consequence of 
 the weight of his armour, is under the necessity of 
 taking the place of TropaigoTTjs (see the woodcut of 
 the triga, p. 3U9), often assails or challenges a dis- 
 tant foe from the chariot ; but that, when he en- 
 counters his adversary in close combat, they both 
 dismount, "• springing from their chariots to the 
 ground," and leaving them to the care of the 
 ■t'lvioxoi. {11. iii. 29 ; xvi. 426, 427 ; xvii. 480 — 
 433 ; Hesiod, Scut. Here. 370—372.) So likewise 
 Tumus is described by Virgil, " Desiluit Turnus 
 bijugis; pedes apparat ire Comminus." x. 
 453.) As soon as the hero had finished the trial of 
 his strength with his opponent, he returned to his 
 chariot, one of the chief uses of which was to rescue 
 him from danger. When Automedon prepares to 
 encounter both Hector and Aeneas, justly fearing 
 the result, he directs his charioteer, Alcimedon, 
 instead of driving the horses to any distance, to 
 keep them " breathing on his back " (//. xvii. 
 502), and thus to enable him to ett'ect his escape in 
 case of need. 
 
 These chariots, as represented on bas-reliefs and 
 fictile vases, were exceedingly light, the body often 
 consisting of little besides a rim fastened to the 
 bottom and to the axle. Unless such had been 
 really their construction, it would be difficult to 
 imagine how so great a multitude of chariots coidd 
 have been transported across the Aegean sea. 
 Homer also supposes them to be of no greater 
 weight ; for although a chariot was large enough 
 to convey two persons standing, not sitting, and 
 on some occasions was also used to carry oft" the 
 annour of the fallen ( U. xvii. 540), or even the dead 
 body of a friend (//. xiii. C57), yet Diomed, in his 
 nocturnal visit to the enemy's camp, deliberates (//. 
 x. 50.3 — 5U5) whether to draw away the splendid 
 chariot of Rhesus by the pole, or to carry it oft' on his 
 sho\ilder. The light and simple construction of 
 war-chariots is also supposed hy Virgil {Acn. vii. 
 U!4), when he represents them as suspended with 
 all kinds of arnioiir on the entrance to the temple 
 of the Laureutiau Picus. 
 
 We have already seen that it was not unusual, 
 in the Homeric battles, to drive three horses, 
 one being a irap-qopos : in a single instance, 
 that of Hector, four are driven together. (//. 
 vii. 185.) In the games the use of this number 
 of horses was perhaps even more common than 
 the use of two. The form of the chariot was the 
 same, exccjit that it was more elegantly decorated. 
 But the highest style of ornament was reserved to 
 be displayed in the quadrigae, in which the Ro- 
 man generals and emperors rode when they tri- 
 umphed. The body of the triumphal car was 
 cylindrical, as we often see it represented on 
 medals. It was enriched with gold {auivo currii, 
 Flor. i. 5 ; Hor. Ejiod. ix. 22) and ivory (Ovid, 
 Trist. iv. 2. ti3 ; I'lmi. iii. 4. 35). The utmost skill 
 of the painter and the sculptor was emjjloyed to en- 
 hance its beauty and splendour. iVIore particidarlj- 
 the extrenuties of the axle, of the pole, and of the 
 
 yoke, were highly wrouglit in the form of animals' 
 heads. Wreaths of laurel were sometimes hung 
 round it (carram laurigerum, Claudian, De Laiul. 
 Stil. iii. 20; Teri. Cons. Honor. 130), and were 
 also fixed to the heads of the foiu- snow-white 
 horses. (Mart. vii. 7.) The car was elevated so 
 that lie who triumphed might be the most con- 
 spicuous person in the procession, and for the same 
 reason he was obliged to stand erect {in curra 
 stantis eburno, Ovid, I. c). A friend, more espe- 
 cially a son, was sometimes carried in the same 
 chariot by his side. (Val. Max. v. 10. §2.) When 
 Germanicus celebrated his triumph, the car was 
 " loaded " with five of his children in addition to 
 himself. (Tac. .<4re«. ii. 41.) The triumphal car had 
 in general no pole, the horses being led by men 
 who were stationed at their heads. 
 
 The chariot was an attribute not only of the 
 gods, but of various imaginary beings, such as Vic- 
 tory, often so represented on coins, vases, and sculp- 
 tures {hit/a, cui Victoria institerut. Tacit. Hist. i. 
 86) ; Night (No.r higis siJn-ecta, Virg. Ae7i. v. 721) 
 and Aurora, whom Virgil represents as driving 
 either two horses (vii. 26), or four (vi. 535), in 
 this agreeing with the figure in our last woodcut. 
 In general the poets are more specific as to the 
 number of horses in the chariots of the deities, and 
 it rarely exceeded two. Jupiter, as the father of 
 the gods, drives four white horses, when he goes 
 anned with his thunderbolt to resist the giants: 
 Pluto is drawn by four black horses. The follow- 
 ing line, 
 
 " Quadrijugis et Phoebus equis, et Delia bigis," 
 (Manil. v. 3), 
 is in accordance not only with numerous pas- 
 sages of the poets, but with many works of art. A 
 bronze lamp (Rartoli, Ant. Litcemc, ii. 9) shows 
 the moon, or Diana, descending in a biga, and fol- 
 lowed by Apollo, who is crowmed with rays as he 
 rises in a quadriga. The same contrast is exhibit- 
 ed in the annexed woodcut, showing the devices 
 on two gems in the royal collection at Berlin. That 
 on the right hand, representing Apollo encircled by 
 the twelve signs, calls to mind the engraving on 
 
 tlie seal of Amphitryon, " Cum quadrigis sol exo- 
 riens." (Plant. Amphit. i. 1. 266.) In the Aeneid 
 (xii. 162), Latinus drives a chariot and four to ex- 
 press his claim to be descended from Apollo. The 
 chariots of Jupiter and of the Sun are, moreover, 
 painted on ancient vases with wings proceeduig 
 from the extremities of the axle {irTTqubv apfia, 
 Plato, Phaed.; volttcrem cur rum, Ilor. Curm. i. 
 34. 8). 
 
 These supernatural chariots were drawn not 
 only by horses, but by a great variety of bnite or 
 imaginary beings. Thus Medea received from the 
 Sun a car with winged dragons. (Apollod. i. 9. 
 28.) Juno is drawn by peacocks (Ovid, Hfet. ii. 
 531); Diana by stags (Claudian, Dc Lauil. Stil. 
 iii. 285 — 290 ; Combe, I'kiydLiun Marbles, pi. xi.) ; 
 
CYATHUS. 
 
 CYMBALUM. 
 
 311 
 
 Venus by doves or swans ; Minerva by owls ; Mer- 
 cury by rams ; and Apollo by griffins. To the car 
 of Racclius, and consequently of Ariadne [Capis- 
 TRUJi, p. 1!J4], are yoked centaurs, tigers, and 
 lynxes ; 
 
 " Tu bijugum pictis insignia frenis 
 Colla premis lyncum." (Ovid, Met. iv. 23.) 
 Chariots executed in terra cotta {miadrigae 
 fidilei', Plin. Il.N. xxviii. 4), in bronze, or in 
 marble, an example of which last is shown in the 
 annexed woodcut from an ancient chariot in the 
 Vatican, were among the most beautifij orna- 
 ments of temples and other public edifices. 
 
 No pains were spared in their decoration; 
 and Pliny informs us (//. A'^ xxxiv. 19) that 
 some of the most eminent artists were employed 
 upon them. In numerous instances they were de- 
 signed to perpetuate the fame of those who had 
 conquered in the chariot-race. (Pans. vi. 10.) As 
 the emblem of victory, the quadi'iga was some- 
 times adopted by the Romans to grace the trium- 
 phal arch by being placed on its summit ; and 
 even in the private houses of great families, 
 chariots were displayed as the indications of rank, 
 or the memorials of conquest and of triumph. 
 (Juv. viii. 3.) [J. Y.] 
 
 CUSTO'DES. [CoMiTiA, p. 275.] 
 CY'ATHUS (/coafloj), a Greek and Roman 
 liquid measure, continuing one-twelfth of the sexta- 
 rius, or -0825 of a pint English. It was, in later 
 times at least, the measure of the common drink- 
 mg-glass among the Romans, who borrowed it 
 from the Greeks. (Varro, Dc Limj. ImI. v. 124. 
 ed. MUller.) The form of the cyathus used at 
 
 banquets was that of a small ladle, by means of 
 which the wine was conveyed into the drinking- 
 cups from the large vessel {Kparrip) in which it 
 was mixed. (Becker, Cluirikles, vol. i. p. 4G3.) 
 Two of these cyathi are represented in the pre- 
 ceding woodcut, from the Museo Borbonico, vol. iv. 
 pi. 12. 
 
 The cj'athus was the micia, considered with 
 reference to the sextarius as the unit : hence 
 we iiave sc.rians used for a vessel containing 
 the sixth of the sextarius, or two cyathi, (//ladratis 
 for one containing three cyathi, Iricus for four 
 cyathi, quincuiix for five cyathi, &c. (Wurm. 
 l)e Pond. Mens. &c. ; Hussey On. Ancient 
 WeujMs, &c.) [P. S.] 
 
 CYCLAS (KVK\as), was a circular robe worn 
 by women, to the bottom of which a border was 
 affixed, inlaid with gold. 
 
 " Haec nunc aurata cyclade signat humum." 
 
 Prop. IV. vii. 40. 
 
 Alexander Sevenis, in his other attempts to re- 
 strain the luxury of his age, ordained that women 
 should only possess one cyclas each, and that it 
 should not be adorned witli more than six unciae 
 of gold. (Lamp. Ak\r. i>cr. c. 41.) The cyclas 
 appears to have been usu.ally made of some thin 
 material {feymi in c>/dade, Juv. vi. 259). It is 
 related, among other instances of Caligula's 
 effeminacy, that he sometimes went into public in 
 a gannent of this description. (Suet. Cal. 52.) 
 For the literature of this subject, see Ruperti, ad 
 Juv. vi. 259. 
 
 CYMBA (^KVfiST)) is derived from Kvfj.§os, a 
 hollow, and is employed to signify any small kind 
 of boat used on lakes, rivers, &c. (Cic. De Off. iii. 
 14 ; Aen. vi. 303.) It appears to have been much 
 the same as the dKOTiovand seuj^lia. ['AKA'TION.] 
 
 CY'MBALUM {KvfiSaKov), a musical instru- 
 ment, in the shape of two half globes, which were 
 held one in each hand by the perf'onner, and play- 
 ed by being struck against each other. The word 
 is originally Greek, being derived from KvfxSos, a 
 hollow, mth which the Latin ci/mha, ci/nibiuiii, &c. 
 seem to be connected. In Greek it has several other 
 significations, as the cone of a helmet (Salmas. Pliti. 
 Eaer. 385) ; it is also used for dpSavia (Hesych. 
 s. the vessel of purification placed at the door of 
 a house where there had been death. (Eur. Alces. 
 9!!.) Besides this, it is often employed metaphori- 
 cally for an empty noisy person, as in 1 Corin- 
 thians, xiii. 1, or as Tiberius Caesar called Apion, 
 the grammarian, Ci/mbalum mundi (Plin. in Praef. 
 II. N.} In the middle age Latin it is used for a 
 church or convent-bell, and sometimes for the 
 dome of a church. (Codin. Desc. S. iSup//. 147.) 
 
 Several kinds of cjanbals are found on ancient 
 monuments, and on the other hand a great many 
 names have been preserved by the grammarians 
 and lexicographers ; but the descriptions of the 
 latter are so vague, that it is impossible to identify 
 one with the other. A large class of cymbals was 
 termed Kpovfiara, which, if they were really dis- 
 tinct from the KpAraKa, as Sphon and Lampe sup- 
 pose, cannot now be exactly described. [Cro- 
 TALUM.] The annexed drawing of a Kpovfia is 
 taken from an ancient marble, and inserted on the 
 authority of Spohn {Misccl. sec. 1. art. vi. fig. 44). 
 
 The KpffiSa\a mentioned in the Homeric hymn 
 to Apollo (IGl — l(i4) were of this kind, played 
 I on by a chonis of Uelians. The scabilla or Kpov- 
 I Trefia were also on the same principle, only played 
 
312 
 
 CYMBALUM. 
 
 AAI'AAAA. 
 
 with the foot, and inserted in the shoe of the per- 
 former ; they were used by Ihite-phiyers, perliaps 
 to beat time to their music. (Polhix, x. 33.) 
 
 Other kinds of cymbals were, the irKaToy^, an 
 invention of Archytas, mentioned by Aristotle 
 (J'ol. viii. 6), and its diminutive uKaTaydviov^ 
 which, from the description of Julius Pollux 
 and Hesychius (s. v.), appears to have been a 
 child's rattle ; dlvSa(l>a, the two parts of which 
 Suidas tells us (s. v.) were made of different mate- 
 rials for the sake of variety of sound ; fcoTuAai, 
 mentioned in the frag:ments of Aeschylus, with 
 several others, noted by Lampe in his work De 
 t'l/m/jalis, but perhaps without sufficient authority. 
 
 The cymbal was usually made in the form of two 
 half globes, either running off towards a point, so 
 as to be grasped bv the whole hand,orwith a handle. 
 It was commonly of bronze, but sometimes of baser 
 material, to which Aristophanes alludes (Ranae, 
 130.5). The subjoined woodcut of a cymbalistria 
 is taken from an ancient marlile, and given on the 
 authority of Lampe. See also the figure in page 
 174. 
 
 The cymbal was a very ancient instniment, 
 being used in the worship of Cybelo, Bacchus, 
 .Juno, and all the earlier deities of the Grecian and 
 Kom.an mythology. It probably came from the 
 East, from whence, through the Plioenicians, it was 
 conveyed to Spain (compare MartiaPs Bactka 
 Crmmtta). Among the .Jews it ajipears (from 
 2 Chron. v. 12. 13 ; Nehem. xii. 27) to have been 
 an instrument in common use. At Rome we first | 
 
 hear of it in Livy's account of the Bacchic orgies, 
 which wore introduced from T^truria. (xxxix. 9.) 
 
 For sis/rum, which some have referred to the 
 class of c^mia/a, see Sistrum. [B. J.] 
 
 D. 
 
 DACTYLIOTHE'CA (5aKTuAio0J7K?7\acase or 
 box where rings were kept. (Mart. xi. .5.0.) The 
 name was also applied to a cabinet or collection of 
 jewels. W'e learn from Pliny (//. N. xxxvii. 5), 
 that vScaunis, the step-son of Sulla, was the first 
 person at Rome who had a collection of this kind, 
 and that his was the only one till Pompey brought 
 to Rome the collection of Mitliridates, which he 
 placed in the capitol. Julius Caesar also placed 
 six dactyliothecae in the temple of Venus Genetrix. 
 (Plin. /.',■.) 
 
 AAAOT'XOS. [Eleusinia.] 
 
 AA'KTTA02. [Pe.s.] 
 
 AAI'AAAA, a festival, celebrated in Boeotia in 
 honour of Hera, surnamed Nvfj.(pevofi4vri orTeAem 
 (Paus. ix. 2. § 5). Its origin and mode of cele- 
 bration are thus described by Pausanias (ix. 3. 
 § 1, <Scc.): — Hera was once angry with Zeus, and 
 withdrew herself to Euboea. Zeus not being able 
 to persuade her to return, went to Cithaeron, who 
 then governed Plataeae, and who was said to be 
 unequalled in wisdom. He advised Zeus to get a 
 wooden statue, to dress and place it upon a chariot, 
 and to say that it was Plataea, the daughter of 
 Asopus, whom ho was going to marry. Zeus fol- 
 lowed the advice of Cithaeron, and no sooner had 
 Hera heard of her husband's projected marriage 
 than she returned. But when, on approaching the 
 chaiiot and dragging oft' the coverings, she saw the 
 wooden statue, she was pleased with the device, 
 and became reconciled to Zeus. In remembrance 
 of this reconciliation the Plataeans solenniised the 
 festival of the daedala, which owes its name to 
 AalSaAa, the name by which, in ancient times, 
 statues, and other works of ingenious and curious 
 workmanship, were designated. (Dumm, Lcaic. s.v. 
 AalSaKos.) Pausanias was told that the festival was 
 held every seventh year, but he believes that it 
 took place at shorter intervals, though he was un- 
 able to discover the exact time. 
 
 We have to distinguish between two festivals of 
 this name : one which was celebrated by the Pla- 
 taeans alone, was called the lesser Diinlahi 
 (Am'SaAa /xiKpa), and was held in the following 
 manner: — In the neighbourhood of Alalcomene 
 was the greatest oak-forest of Boeotia, and in it a 
 number of oak tranks. Into this forest the Pla- 
 taeans went, and exposed pieces of cooked meat to 
 the ravens, attentively watching upon which tree 
 any of the birds, after taking a piece of the meat, 
 wcHild settle ; and the trees on which any of the 
 ravens settled, were cut down and worked into 
 daedala, i. e. roughly hewn statues. 
 
 The (/rnit Ducdulu (Aa'iSaAa /xe-ydXa), in the 
 celebration of which the Plataeans were joined by 
 the other Boeotians, took place every sixtieth j-car ; 
 because at one time when the Plataeans were ab- 
 sent from their country, the festival had not been 
 celebrated for a period of sixty years. At each of the 
 lesser Daedala fourteen statues were made in the 
 manner described above, and distributed by lot among 
 the towns of Plataeae, Coronea, Thespiae, Tanagra, 
 Chaeronea, Orchomenos, Lebadea, and Thebes ; 
 
DAMNUM. 
 
 AA4>NH<I'OPI'A. 
 
 313 
 
 the smaller towns took one statue in common. The 
 Boeotians assembled on the banks of the Asopiis ; 
 here a statue of Hera was adonicd and raised on a 
 chariot, and a young bride led the procession. The 
 Boeotians then decided by lot in wliat order they 
 were to fonn the procession, and drove their 
 chariots away from tlie river and up mount Cithae- 
 ron, on the summit of which an altar was erected 
 of square pieces of wood, fitted together like stones. 
 This alt;ir was covered with a quantity of dry 
 wood, and the towns, persons of rank, and other 
 wealthy individuals, offered each a heifer to Hera, 
 and a bidl to Zeus, with plenty of wine and in- 
 cense, and at the same time placed the daedala 
 upon tlie altar. For those who did not possess 
 suriiciciit means, it was customary to otter small 
 sheep, Init all their ofterings were burnt in the 
 same manner as those of the wealthier persons. 
 The tire consumed both offerings and altar, and 
 the immense flame thus kindled was seen far and 
 wide. 
 
 The account of the origin of the daedala given 
 by Pausanias agrees in the main points with the 
 story related by Plutarch [ajitul Euseh. Dc Prue- 
 pund. KvuiKj. iii. p. 83, and Fraym. p. 759. &.c. 
 ed. \V'yttenb.), who wrote a work on the Platacan 
 daedala ; the only difference is that Plutarch re- 
 presents Zeus as receiving his advice to deceive 
 Hera from Alalcomenes ; and that lie calls the 
 wooden statue by which the goddess was to be de- 
 ceived Daedala, instead of Plataea. Plutiirch also 
 adds some remarks respecting the meaning of the 
 festival, and thinks that the dispute between Zeus 
 and Hera had reference to the physical revolutions 
 to which Boeotia, at a very remote period, had 
 been subject, and their reconciliation to the restor- 
 ation of order in the elements. See Creuzer, Symbol, 
 uiiil Mi/i/uiL ii. p. 580. and Miiller's On-hom. 
 p. 211, &c. [L. S.] 
 
 DAMNI INJURIA ACTIO. The Aquilia 
 lex, in the first chapter, provided that if a man 
 unlawfidly {injuria) killed a slave or quadniped 
 ((juae pecuJum numero sit) which belonged to 
 another, he was bound to pay to the owner the 
 highest value that the slave or animal had within 
 the year preceding the unlawful act. By the third 
 chapter, he was bound to pay the highest value 
 that the slave or animal had within the thirty 
 days preceding the unlawful act. A person whose 
 slave was killed (injuria') might either prosecute 
 the offender capitally {capitaU crimiiic), or might 
 bring his action for damage under this lex. The 
 actions of the lex Aquilia (actiones dircctue) were 
 limited to damage done by actual contact (mrpoi-e), 
 and only the owner of the thing damaged could 
 sue. Afterwards, an actio utilis was given in the 
 case where the injury was done corpori but not 
 corpore ; as if a man persuaded a neighbour's slave 
 to get up a tree, and he fell down and died or was 
 injured : such actio was also given to him who had a 
 jus in re. (Gaius,iii.210,&c.;Dig.9. tit. 2.) [G.L.] 
 
 DAMNUM signifies generally any injury to a 
 person's property, and it is either damnum factum, 
 datum, damage done ; or damnum infectum, metu- 
 endiun, damage apprehended. [D.\m.\um In- 
 fectum.] Damage done to our actual property is 
 simply called damnum ; that damage which is 
 caused by our being prevented from acquiring a 
 certain gain, is called lucrum cessans : both are 
 sometimes comprehended under the phrase " id 
 quod interest," though this expression is more fre- 
 
 quently applied to that compensation which a 
 man claims beyond the bare value of the thing 
 damaged, and sometimes it signifies the bare loss 
 only. To make good any damage done is called, 
 damnum praestare. 
 
 The causes of damnum are, either chance (casus) 
 or the acts of human beings, which when charac- 
 terised by dolus mains or cidpa, become damnum 
 in the restricted and leg-al sense. [Culpa.] Delay 
 (mora) is included by some writers under the 
 causes of damnum ; but it might be appropriately 
 considered as a fonn of culpa. [G. L.] 
 
 DAMNUM INFECTUM is damage not done, 
 but apprehended. For instance, if a man feared 
 that mischief might happen to his property from 
 the dilapidated state of his neighbour's buildings, 
 he could require from the owner, or from the oc- 
 cupier who had a jus in re, or even from the pos- 
 sessor, security (cautio) against the mischief that 
 was apprehended. The mode of obtaining this cau- 
 tio was by the damni infecti actio. The actor was 
 obliged to swear that he did not require the cautio, 
 calumniae causa. If the cautio was not given 
 within the time named by the judex, the actor 
 was permitted to take possession of the ruinous 
 edifice. If a man's house fell and injured the 
 house of a neighbour before any cautio had been 
 given, tlie suft'erer had no right of action, if the 
 person whose house had tumbled down, was content 
 to relinquish all right to what had fallen on his 
 neighbour's premises. (Dig. 39. tit. 2.) [G. L.] 
 
 AAMOSI'A, the escort or suite of the Spartan 
 kings in time of war. It consisted of his tent 
 comrades (avaKr)voi), to whom the polemarchs, 
 Pythians, and three of the equals (ofioioi ) also be- 
 longed (Xen. Rip. Lac. xiii. 1 ) ; of the prophets, 
 surgeons, flute-players, volunteers in the army 
 (Xen. Rep. Lm: xiii. 7), Uhmipian conquerors 
 (Plut. Lyc. 22), public servants, &c. The two 
 ephors, who attended the king on military expedi- 
 tions, also formed part of the damosia. (Miiller, 
 Dorians, iii. 12. § 5.) 
 
 AANA'KH, the name of a foreign coin, according 
 to Hesychius (s. v.) worth a little more than an 
 obolos. According to some writers, it was a Persian 
 coin. (Pollux, ix. 82, and Hemster. arf. foe.) This 
 name was also given to the obolos, which was placed 
 in the mouth of the dead to pay the ferryman in 
 Hades. (Hesych. s. r. ; 'Eveiddv tis dTvo6ai/ri rav 
 olKeiav, npuna HiV (pfpovres dSoAnv is to CTTS/xa 
 KareBrjKav aurai, /xiadov tw irop^juei vavTi\ia^ 
 y€VT]<T6/xfvuv, Lucian, De Luctu, c. 10 ; compare 
 Alort. Dial. i. 3 ; xi. 4 ; xxii. 1.) At the opening 
 of a grave at Same in Cephallenia, a coin was 
 found between the teeth of the corpse. (.Stackel- 
 berg. Die Grahcr der Hellenen, p. 42 ; Becker, 
 Cliarikles, ii. p. 170.) 
 
 AA'NEION. [Interest of Money.] 
 
 AA^NH^OPI'A, a festival celebrated every 
 ninth year at Tiiebes in honour of Apollo, sur- 
 named Ismenius or Galaxius. Its name was de- 
 rived from the laurel branches (5d(pvai) which were 
 carried by those who took part in its celebration. 
 A full account of the festival is given by Proclus 
 (Chrcstoniath. p. 11). At one time all the Aeolians 
 of Ame and the adjacent districts, at the com- 
 mand of an oracle, laid siege to Thebes, which was 
 at the same time attacked by the Pelasgians, and 
 ravaged the neighbouring country. But when the 
 day came on which both parties had to celebrate a 
 I festival of Apollo, a truce was concluded, and on 
 
314 
 
 AA4>NH*0PI'A. 
 
 DARICUS. 
 
 the day of the festiv.al they went with laurel- 
 Ijoughs to the temple of the god. But Polematas, 
 the general of the Boeotians, had a vision in which 
 lie saw a young man who presented to him a com- 
 plete suit of armour, and who made him vow to 
 institute a festival, to be celebrated every ninth 
 year, in honour of Apollo, at which tlie Thebans, 
 with laurel-boughs in their hands, were to go to 
 his temple. When, on the third day after this 
 vision, both parties again were engaged in close 
 combat, Polematas gained the victory. He now 
 fultilled his promise, and walked himself to the 
 temple of Apollo in the manner prescribed by the 
 being he had seen in his vision. And ever since 
 that time, continues Proclus, this custom has been 
 strictly observed. Respecting the mode of celebra- 
 tion, he adds: — At the daphnephoria tiiey adorn a 
 piece of olive wood with garlands of laurel and 
 various flowers ; on the top of it a brazen globe is 
 placed, from which smaller ones are suspended ; 
 purple garlands, smaller than those at the top, are 
 attaciied to the middle part of the wood, and the 
 lowest part is covered with a crocus-coloured en- 
 velope. By the globe on the top they indicate the 
 sun, which is identical with Apollo ; the globe im- 
 mediately below the tirst, represents the moon ; and 
 the smaller suspending globes are symbols of the 
 stars. The number of garlands being 365, indi- 
 cates the course of the year. At the head of the 
 procession walked a youth, whose father and 
 mother must be living. This youth was, accord- 
 ing to Pausanias (ix. 10. § 4), chosen priest of 
 Apollo every year, and called SarpvrjcpSpos : he was 
 always of a handsome hgure and strong, and taken 
 from the most distinguished families of Thebes. 
 Immediately before this youthful priest walked his 
 nearest kinsman, who bore the adorned piece of 
 olive-wood, which was called Komtu. The priest 
 followed, bearing in his hand a laurel-branch, with 
 dishevelled and Heating hair, wearing a golden 
 crown on his head, a magnificent robe which 
 readied down to his feet (7roS7fpr)s), and a kind of 
 shoes, called 'IcpiKpariSes, from the general, Iphi- 
 crates, who had first introduced them. Behind the 
 priest there followed a choir of maidens with 
 boughs in their hands and singing hymns. In this 
 manner the procession went to the temple of Apollo 
 Ismeiiius or Galaxius. It would seem from Pau- 
 sanias that all the boys of the town wore laurel 
 garlands on this occasion, and that it was cus- 
 tomary for the sons of wealthy parents to dedicate 
 to the god brazen tripods, a considerable number 
 of which were seen in the temple by Pausanias 
 himself. Among them was one which was said to 
 have been dedicated by Amphitryon, at the time 
 when Heracles was daphnephoins. This last cir- 
 cumstance shows that tlie daphnephoria, whatever 
 changes may have been subsequently introduced, 
 was a very ancient festival. 
 
 There was a great similarity between this festi- 
 val and a solemn rite observed by the Delphians, 
 who sent eveiy ninth year a sacred boy to Tempc. 
 This boy went on the sacred road (Plut. Qiiaest. 
 Gr. 12), and returned home as laurel-bearer (ha<p- 
 vr)^6pos) amidst the joyful songs of choioises of 
 maidens. This solemnity was observed in com- 
 memoration of the purification of Apollo at the 
 altar in Tempo, whither he had fled after killing 
 the Python, and was held in the month of Thar- 
 gelion (probably on the seventh day). It is a very 
 probable conjecture of Miiller {Dor. ii. 8. § 4) that 
 
 the Boeotian daphnephoria took place in the same 
 month and on the same day on which the Delphian 
 boy broke the purifying laurel-boughs in Tempe. 
 
 The Athenians seem likewise to have celebrated 
 a festival of the same nature, but the only mention 
 we have of it is in Proclus (^ap. Photiiim. p. 987), 
 wiio says that the Athenians honoured the seventh 
 day as sacred to Apollo, that they cari-ied laurel- 
 boughs and adorned the basket ( /coi/eoi', see Canb- 
 PllOROs) with garlands, and sang hj-rnns to the god. 
 Respecting the astronomical character of the daph- 
 nephoria see MUller, (Jrchom. p. 220 ; and Creuzer, 
 Si/miol. und Mtithol. ii. p. Ifa'O. [L. S.] 
 
 DARE ACtlO'NEM. [Actio, p. 9.] 
 
 DARI'CUS (SapeiKo's), a gold coin of Persia, 
 stamped on one side with the figure of an archer 
 crowned and kneeling upon one knee, and on the 
 otiier with a sort of quadrata incusa or deep cleft. 
 The origin of this coin is doubtful. We know 
 from Herodotus (iv. I(j0') that Darius reformed the 
 Persian currency, and stamped gold of the purest 
 standard ; whence it has been supposed that the 
 daricus was so called from him. Harjjocration, 
 however, says (s. v.) that the name was older than 
 this Darius, and taken from an earlier king. 
 Gesenius {Hcbr. Lcaicori) supposes the name to be 
 derived from an ancient Persian word signifying 
 king, or royal palace, or the bow of the king, in 
 allusion to the figure stamped upon it. 
 
 This coin had a very extensive circulation, not 
 only in the Persian empire, but also in Greece. 
 The pay given by Cyrus to the soldiers of Clear- 
 chus was a daricus a month (Xen. Anal. i. 3. 
 § 21) ; and the same pay was ofl'ercd to the same 
 troops by Thimbrion, a Lacedaemonian general 
 (Ibid. vii. 6. § 1). In the later books of the Old 
 Testament, the daricus is supposed to be mentioned 
 
 under the names of adarkon ( P3"^"T^?) and 
 
 darkemon (11Q2TT). (See 1 Chron. XXIX. / ; 
 
 Ezra, viii. 27 ; ii. 09; Nehem. vii. 70. 72.) 
 
 Harpocration says that, according to some per- 
 sons, the daricus was worth twenty silver 
 drachmae ; which agrees with the statement of 
 Xenophon (Amib. i. 7. § 18), who infomis us that 
 3000 darics were equal to ten talents, which 
 would consequently make the daricus equal to 
 twenty drachmae. The value of the daricus in 
 our money, computed from the drachma, is 16's. 
 3d. ; but if reckoned by comparison with our gold 
 money, it is worth much more. The darics in 
 the British Museum weigh 128'4 grains and 
 120'G grains, respectively. Hussey (Ancient 
 Wci<ihts, &c. vii. 3 ) calculates the daricus as con- 
 taining on an average about 123'7 grains of pm'e 
 
 103.7 
 
 gold, and therefore equal in value to — of a 
 
 " 11.5-12 
 sovereign, or about \l. \s. lOrf. 1"76 farthings. 
 
 Very few darics have come down to us ; their 
 scarcity may be accounted for by the fact, that 
 after the conquest of Persia, they were melted 
 down and recoined under the type of Alexander. 
 
 There are also silver coins which go by the 
 name of darics, on account of their bearing the 
 figure of an archer ; but they were never called 
 by this name in ancient times. Aryandcs, who 
 was appointed governor of Egj'pt bj' Canibj'ses, is 
 supposed to have been the first who struck these 
 silver coins, in imitation of the gold coinage of 
 Darius Hystaspis. (Herod, iv. IGG.) 
 
AEKa'2M02. 
 
 DECEMVIRI. 
 
 315 
 
 GOLD DARIC. BRITISH MUSEUM. ACTUAL SIZE. 
 
 SILVER DARIC. BRITISH MUSEUM. ACTUAL SIZE. 
 
 DE'BITOR. [Nexus.] 
 
 AEKAAOTXOI, the members of a council of 
 Ten, who succeeded the Thirty in the supreme 
 power at Athens, B.C. 403. (Harpocrat. s. i:) They 
 were chosen from the ten tribes, one from each 
 (Xen. Hell. ii. 4. § 23); but, though opposed to 
 the Thirty, sent ambassadors to Sparta to ask for 
 assistance against Thrasybulus and the exiles. 
 They remained masters of Athens till the party of 
 Thrasybulus obtained possession of the city and 
 the democracy was restored. (Compare Lysias, c. 
 EratoHtk p. 420; Wachsmuth, i. 2. p. 2(}6.) 
 
 AEKAPXI'A, or AEKAAAPXI'A, was a supreme 
 council established in many of the Grecian cities 
 by the Lacedaemonians, who intnisted to it the 
 whole government of the state under the direction 
 of a Spartan harraost. It always consisted of the 
 leading members of the aristocratical party. 
 (Harpocrat. s. v. AeKoSapx^a: Schneider, adAristut. 
 Pol. ii. 146, 147.) This foi-m of government ap- 
 pears to have been first established by Lys;inder 
 at Ephesus. (Plut. Li/s. 5 ; Wachsmuth, ii. 2. 
 p. 245.) 
 
 AEKASMO'S, bribery. There were two actions 
 for bribery at Athens : one, called SeKiwr/tou ypa<pi^, 
 lay against the person who giive the bribe ; and 
 the otlier, called Scipuv or SoipoSoKias ypacp-^, 
 against the person who received it. (Pollux, viii. 
 42.) These actions applied to the bribery of citi- 
 zens in the public assemblies of the people {avvSe- 
 Ka^eiv TTjv sKKKTiaiav, Aesch. c. Timarcli. c. IG. 
 p. 12), of theHeliaca or any of the courts of justice, 
 of the /SouAt), and of the public advocates {avvri- 
 ydpoi, Demosth. c. Stepk. ii. p. 1137. 1). Demo- 
 sthenes {De Falsa Ijjg. p. 343), indeed, says that 
 orators were forbidden by the law, not merely to 
 abstain from receiving gifts for the injury of the 
 state, but even to receive any present at all. 
 
 According to Aristotle {apud Harpocrat. s. v. 
 AeKa^wv), Anytus was the first person at Athens 
 who bribed the judges ; and we learn from 
 Plutarch {Coriol. c. 14) that he did so, when he 
 was charged of having been guilty of treachery at 
 Pylos, at the end of the Peloponnesian war. Otlier 
 writers say that MeHtus was the first person who 
 bribed the judges. (Petit. Ley. Aft. p. 427, and 
 Duker's note.) 
 
 Actions for bribery were under the jurisdiction 
 of the thesmothetae. (Demosth. c. iSk-ph. I. c.) The 
 punishment on conviction of the defendant was 
 death, or payment of ten times the value of the 
 gift received, to which the court might add an ad- 
 ditional punishment (Trpo(Trifn]iJ.a). Thus Demo- 
 sthenes was sentenced to a fine of 50 talents by an 
 action for bribery, and also thrown into prison. 
 (Biickh, Publ. Earn, of Athens, ii. p. 116. transl. ; 
 Meier, Alt. Process, p. 352.) 
 
 AEKA'TH. [Decumae.] 
 
 AEKATHAO'rOI. [Decumae.] 
 
 AEKATETTAI'. [Decumae.] 
 
 AEKATETTH'PION. [Decumae.] 
 
 AEKATH'NAI. [Decumae.] 
 
 DECEMBER. [Calendar (Roman).] 
 
 DECE'MPEDA, a pole ten feet long, used by 
 the agrimensores [Agrimensores] in measuring 
 land. (Cic. Pro Mil. c. 27 ; Hor. Carin. u. xv. 
 14 ; Cic. Philipp. xiv. 4.) Thus we find that the 
 agrimensores were sometimes called decempedatores 
 (L. Antonhis, qui fuerat iwquissimus ayri privati et 
 pul/liei dreempedator, Cic. Phitij>p. xiii. 18). 
 
 DECK'MVIRI, the name of various magistrates 
 and functionaries at Rome. 
 
 I. Decemviri Legibus Scribendis were ten 
 persons, who were appointed to draw up a code of 
 laws, and to whom the whole government of the 
 state was entrusted. As early as B. c. 460, a 
 law was proposed by Caius Terentilius Harsa, that 
 commissioners should be appointed for drawing up 
 a body of laws ; but this was violently opposed by 
 the patricians (Liv. iii. 9) ; and it was not till 
 after a stinggle of nine years that the patricians 
 consented to send three persons to Greece, to col- 
 lect such infonnation respecting the laws and consti- 
 tutions of the Greek states as might be useful to 
 the Romans (Liv. iii. 31). They were absent a 
 year ; and on their return, after considerable dis- 
 pute between the patricians and plebeians, ten 
 commissioners of the patrician order were appoint- 
 ed with the title of " decemviri legibus scribendis,'" 
 to whom the revision of the laws was committed. 
 All the other magistracies were suspended ; and 
 they were entrusted with supreme power in the 
 state. (Dionys. x. 56.) Niebuhr, however, supposes 
 that the tribuneship was not given up till the 
 second decemvirate ; but Dionysius expressly says 
 that it was superseded in the first. 
 
 The decemviri entered upon their office at the 
 beginning of the year 449 B. c. They consisted 
 of Appius Claudius and Titus Genucius, the new 
 consuls, of the warden of the city, and of the 
 two quaestores parricidii as Niebuhr conjectures, 
 and of five others chosen by the centuries. They 
 discharged the duties of their office with diligence, 
 and dispensed justice with impartiality. Each ad- 
 ministered the government day by day in succes- 
 sion as during an interregniun ; and the fasces were 
 only carried before tlie one who presided for the 
 day. (Liv. iii. 33.) They drew up a body of laws, 
 distributed into ten sections ; which, after being 
 approved of by the senate and the comitia, were 
 engraven on tables of metal, and set up in the 
 comitium. 
 
 On the expiration of their year of office, all 
 
 parties were so well satisfied with the manner in 
 which they had discharged their duties, that it was 
 resolved to continue the same form of government 
 for another year ; more especially as some of tiie 
 decemvirs said that their work was not finished. 
 
316 
 
 DECEMVIRI. 
 
 DECUMAE. 
 
 Ten new decemvirs were accordingly elected, of 
 whom Appins Claudius alone belonged to the fonner 
 body (Liv. iii. 35; Dionys. x. 53); and of his 
 nine new colleagues Niebuhr thinks that five were 
 plebeians. These magistrates framed several new 
 laws, which were approved of by the centuries, 
 and engraven on two additional tables. They 
 acted, however, in a most tyrannical manner. Each 
 was attended by twelve lictors, who carried not 
 the rods onlj', but the axe, the emblem of sove- 
 reignty. They made common cause with the patri- 
 cian party, and coiiniiittcd all kinds of outrages 
 upon the persons and property of the plebeians and 
 their families. When their year of office expired 
 they refused to resign or to appoint successors. 
 Niebuhr, however, considers it certain that they 
 were appointed for a longer period than a year ; 
 since otherwise they would not have been required 
 to resign their office, but interreges would at the 
 expiration of the j'ear have stepped into their place. 
 This, however, does not seem conclusive ; since the 
 decemvirs were at the time in possession of the 
 whole power of the state, and would have prevent- 
 ed any attempt of the kind. At length the unjust 
 decision of Appius Claudius, in the case of Virginia, 
 which led her father to kiU her with his own hands 
 to save her from prostitution, occasioned an insur- 
 rection of the people. The decemvirs were in con- 
 sequence obliged to resign their office, B. c. 447 ; 
 after which the usual magistracies were re-esta- 
 blished. (Niebuhr, Hist, of Rome, vol. ii. p. 309 — 
 356, transl. ; Arnold, Hist, of Rome, vol. i. p. 250 
 —313.) 
 
 The ten tables of the former, and the two tables 
 of the latter decemvirs, together form the laws of 
 the Twelve Tables, of which an account is given in 
 a separate article. [Twelve Tablks.] 
 
 II. Decemvibi Litibus Judicandis. [Prae- 
 tor.] 
 
 III. Decemviri Sacris Faciundis, sometimes 
 called simply Decemviri Sacrorum, were the 
 members of an ecclesiastical collegium, and were 
 elected for life. Their chief duty was to take care 
 of the Sibylline books, and to inspect them on aU 
 important occasions by command of the senate. 
 (Liv. vii. 27 ; xxi. 62 ; xxxi. 12.) Virgil {Aen. vi. 
 73.) alludes to them in his address to the Sibyl — 
 " Lectos sacrabo viros." 
 
 Under the kings the care of the Sibylline books 
 was committed to two men (duumviri) of high 
 rank (Dionys. iv. 62), one of whom, called Atilius 
 or TuUius, was punished by Tarquinius, for being 
 unfaithful to his trust, by being sewed up in a sack 
 and cast into the sea. (Dionys. /. c. ; Val. Max. i. 
 1. § 13.) On the expulsion of the kings, the care 
 of these books was entrusted to the nulilest of tlie 
 patricians, who were exempted fi-om all militar\' and 
 civil duties. Their number was increased about 
 the year 365 B. c. to ten, of whom five were chosen 
 from the patricians and five from the plebeians. 
 (Liv. vi. 37. 42.) Suljsei[iiently their nmnber was 
 still further increased to fifteen {(/iiimkcemvin) ; 
 but at what time is uncertain. As, however, there 
 were decemviri in B. c. 1S2, when the capitol was 
 burnt (Uionys. I. c), and we read of decemviri in 
 the time of Cicero (Ad. Fam. viii. 4), it appears 
 probable that their number was increased from ten 
 to fifteen by Sulla, especially as we know that he 
 increased the numbers of several of the other eccle- 
 siastical corporations. Julius Caesar added one 
 more to their number (Dio, xlii. 51) ; but this pre- 
 
 cedent was not followed, as the collegium always 
 appears to have consisted afterwards of only fifteen. 
 
 It was also the duty of the decemviri and 
 quinqueviii to celebrate the games of Apollo (Liv. 
 x. 8), and the secular games. (Tac. Ann. xi. 11 : 
 Hor. Cariii. Suec. 70.) They were, in fact, con- 
 sidered priests of Apollo, whence each of them had 
 in his house a bronze tripod dedicated to that deity. 
 (Servius, ad Viiy. Aen. iii. 332.) 
 
 DECIMA'Tib was the selection, by lot, of 
 every tenth man for punishment, when any num- 
 ber of soldiers in the Roman anny had been guilty 
 of any crime. The remainder usually had barley 
 allowed to them instead of wheat. (Polyb. vi. 38; 
 Cic. Clueiit. 46.) This punishment does not appear 
 to have been often inflicted in the early times of 
 the republic ; but is frequently mentioned in the 
 civil wars, and under the empire. It is said to 
 have been revived by Crassus, after being discon- 
 tinued for a long time (Tlarpiiv ti tovto Sid 
 ■noKKwp XP^'''^" K6\a(rfj.a ro7s aTpaTi<Lrais eva- 
 yaywv. Pint. Crass. 10.) For instances of this 
 punishment, see Liv. ii. 59 ; Suet. Auff. 24, Galija, 
 12 ; Tacit. Hist. i. 37 ; Dio, xli. 35 ; xlix. 27. 38. 
 
 Sometimes only the twentieth man was punished 
 (vicesimatio), or the hundreth {centcsimutio, Capitol 
 Macrin. 12). 
 
 DECRE'TUM seems to mean that which is 
 determined in a particular case after examination 
 or consideration. It is sometimes applied to a de- 
 termination of the consuls, and sometimes to a de- 
 mination of the senate. A decretum of the senate 
 would seem to differ from a senatus-consultum, in the 
 way above indicated : it was limited to the special 
 occasion and circumstances, and this would be true 
 whether the decretum was of a judicial or a legis- 
 lative character. But this distinction in the use of 
 the two words, as applied to an act of the senate, 
 was, perhaps, not always observed. Cicero {Ad 
 Fam. xiii. 56) opposes edictum to decretum ; be- 
 tween which there is, in this passage, apparently 
 the same analogy as between a consultum and de- 
 cretum of the senate. A decretum, as one of the 
 parts or kinds of constitutio, was a judicial deci- 
 sion in a case before the sovereign [Constitutio]. 
 Gaius (iv. 140), when he is speaking of interdicta, 
 says that they are properly called decreta, " cum 
 (praetor aut proconsul) fieri aliquid jubet," and 
 interdicta when he forbids. A judex is said "con- 
 demnare," not " decernere," a word which, in judi- 
 cial proceedings, is appropriate to a niagistratus 
 who has jurisdictio. [G. L.] 
 
 DE'CUMAE (sc. partes) formed a portion of 
 the vectigalia of the Romans, and were paid by 
 subjects whose territory, either by conquest or 
 dcditio, had Ijecome the property of the state 
 (ager piihlicus). They consisted, as the name de- 
 notes, of a tithe or tenth of the produce of the 
 soil, levied upon the cultivators (aratores) or occu- 
 piers (possessores) of the lands, which, from being 
 subject to this payment, were called agri decumani. 
 The tax of a tenth was, however, generally paid 
 by com lands: plantations and vineyards, as re- 
 quiring no seed and less labour, paid a fifth of the 
 produce. (Appian. IJell. Civ. i. 7.) 
 
 We also find the expression " decuraates agri " 
 applied to districts in Germany which were oc- 
 cupied by Roman soldiers or auxiliaries, after the 
 expulsion of the old proprietors, subject to the pay- 
 ment of a tenth part of the produce. It is pro- 
 bable that there were many such ; and if so, it is 
 
DECUMAE. 
 
 AEIKEAI2TAI'. 
 
 317 
 
 useless to inquire where the lands so called were 
 situated. (Tacit. Gcr. 29 ; Ami. xiii. 54. Waltlier.) 
 Tacitus merely says of them that they lay beyond 
 the Rhine and the Danube. The name of de- 
 cumani was also applied to the farmers of these 
 tributes, who purchased them from the state, and 
 then collected them on their own account. [Puu- 
 
 LICANI.] 
 
 The system of exacting a tenth of the produce 
 ttom the occupiers of land which had become the 
 property of the state, seems to have been of great 
 antiquity : thus a tradition is preserved of the Ro- 
 mans themselves having at one time paid a tenth 
 to the Etruscans, a story which Niebuhr (Hist. 
 Rom. i. 54(). transl.) refers to the surrender (deili- 
 tiu) of the city to Porsenna. (Tacit. Hist. iii. 72.) 
 The practice is best illustrated by the case of 
 
 ' Sicily. It appears from Cicero (f. Vcrr. act. ii. 
 lib. iii.) that the Romans, on reducing this island 
 to a province, allowed to the old inhabitants the 
 continuance of their ancient rights («< code in jure 
 
 \ essent, quo fuisscnt), and that, with some few ex- 
 ceptions, the territory of all the states [oinnis tir/er 
 .Siciliae civitatum) was subjected, as formerly, to the 
 payment of a tithe on corn, wine, oil, and the 
 " fruges minutae it was further determined 
 that the place and time of paying these titlies to 
 the decumani should " be and continue" as settled 
 by the law of king Hiero (fer Hieronica), which 
 enacted severe penalties against any arator who 
 did not pay his due, as well as against the de- 
 cumani who exacted more than their tenth. It is 
 interesting to remark that the coloni, who after- 
 wards occupied the lands of the Roraish church in 
 Sicily, and were farmed out along with the smaller 
 plots of land to the " condnctores" or lessees of the 
 church, paid for rent a fixed portion of the produce, 
 whicl] was sonu'times delivered in kind, sometimes 
 bought off with money. A letter of Gregory 
 \'I1. shows that these coloni suffered the same 
 sort of grievances as the aratores under the praetor 
 Verrcs. (Savigny, Pliilol. Mus. ii. 129.) Exac- 
 tions of this kind were not, however, peculiar to 
 the foreign provinces of Rome : they were also 
 levied on public lands in Italy ; as, for instance, on 
 the " ager Campanus," which we read of as being 
 vectigalis, before it was apportioned to a number 
 of Roman citizens by a lex agraria of Julius Cae- 
 sar. (Suet. CVs. 20.) [Agrariae Leges.] 
 
 A similar system existed in Greece also ; the 
 tenths being paid as an usufruct* on property which 
 \\ as not freehold, though the right of occupation 
 miglit be acquired by inheritance or purchase : 
 thus a tyrannus demanded tithes from his subjects 
 in his right as proprietor of the lands they occupied ; 
 Peisistratus, for instance, imposed a tax of a tenth 
 on the lands of the Athenians, which the Peisistra- 
 tidae lowered to a twentieth. (Thucyd. vi. 54.) 
 The same principle was also applied to religions 
 purposes : thus Xenophon subjected the occupiers 
 (tous ^xovTas KOI Kapirovixivovs) of the land he 
 purchased near Scillus, to a pajmient of tithes in 
 support of a temple of Artemis, the goddess to 
 whom the purchase-money was dedicated ; the 
 
 * We use this word in its common acceptation ; 
 but the " usus fructus " of Roman law seems to be 
 the same as " usus et fructus." The profit which 
 the state derived from the land was termed " fruc- 
 tus ;" the occupation, for which it was paid, " usus." 
 (Nieb. Rom. Hist.) 
 
 Delian Apollo also received tenths from the 
 Cyclades. (Xen. Anab. v. 3. § 11 ; Call. Hiimn. 
 Del. 272. Spanheim.) That many such charges 
 originated in conquest, or something similar, may 
 be inferred from the statement of Herodotus (vii. 
 132), that at the time of the Persian war the con- 
 federate Greeks made a vow, by which all the 
 states who had surrendered themselves to the 
 enemy, were subjected to the paj'ment of tithes 
 for the tise of the god at Delphi. 
 
 The tenth (to iviiiKaTuv) of confiscated pro- 
 perty was also sometimes applied to similar ob- 
 jects. (Xen. Hell. i. 7. § 11.) The tithes of 
 the public lands belonging to Athens were fanned 
 out as at Rome to contractors, called 56/caT(5cai : 
 the term Se/carTjXrfyoi was applied to the collectors; 
 but the callings were, as we might suppose, often 
 united in the same person. The title SeKaremal 
 is, applied to both. A isKarq or tenth of a difl'erent 
 kind, was the arbitrary exaction imposed by the 
 Athenians (b. c. 410) on the cargoes of all sliips 
 sailing into or out of the Pontus. They lost it by 
 the battle of Acgospotami (b. c. 405) ; but it was 
 re-established by Thrasybidus about B.C. 391. 
 
 This tithe was also let out to farm. (Demosth. 
 c. Lap. 475. ed. Bekk. ; Xen. Hell. iv. 8. § 27. 
 31.) The tithe-house for the receipt of this duty 
 was called SeKurevTripiov : to sail by necessity to 
 it, Trapayaiyid^itv. (Biickh, vol. ii. p. 41. transl.) 
 
 [R. W— N.] 
 
 DECUMA'Nl. [Decumae.] 
 DECUMA'Nl AGRI. [Decumae.] 
 DECUMA'TES AGRI. [Decumae.] 
 DECU'RIA. [Armv (Roman), p. 95.] 
 DECURIO'NES. [Army (Roman), p. 95.] 
 DECURIO'NES. [Colon'ia, p. 259.] 
 DECUSSIS. [As, p. 102.] 
 DEDI'TIO. [Dediticii.] 
 DEDITI'CII are one of the three classes of 
 libertini. The lex Aelia Sentia provided that, if a 
 slave was put in bonds by his master as a punish- 
 ment, or branded, or put to the torture for an 
 offence and convicted, or delivered up to fight with 
 wild beasts, or sent into a Indus {yhuliaturius), or 
 put in confinement (ciistodia), and then manumitted 
 either by his then owner, or by another owner, he 
 merely acquired the status of a peregrinus dediti- 
 cius, and had not even the privileges of a Latinus. 
 The peregrini dediticii were those who, in former 
 times, had taken up arms against the Roman peo- 
 ple, and being conquered, had surrendered tliera- 
 selves. They were, in fact, a people who were ab- 
 solutely subdued, and yielded unconditionally to 
 the conquerors, and of course had no other relation 
 to Rome than that of subjects. The form of 
 deditio occurs in Livy (i. 37). 
 
 The dediticii existed as a class of persons who 
 were neither slaves, nor cives, nor Latini, at least 
 as late as the time of Ulpian. Their civil condi- 
 tion, as is stated above, was fonned by analogy to 
 the condition of a conquered people, who did not 
 individually lose their freedom, but as a community 
 lost all political existence. In the case of the Volsci, 
 Livy inclines to the opinion that the four thousand 
 who were sold, were slaves, and not dediti. (Gains, 
 i. 13, &c. ; Ulp. FrcKj. tit. 1. s. 11.) [G. L.] 
 DEDUCTO'RES.' [Ambitus, p. 36.] 
 AEIKEAI2TA1' (S6iK7)\i<rTai or SiK^Ma-rai : 
 Lacedaemonian, SeiKeXi'/crai, from Sei'/c6\os, imi- 
 tating), a name which was, indeed, sometimes ap- 
 plied by the Spartans to any class of actors on the 
 
318 
 
 AEIAI'AS rPA*H'. 
 
 AErnNON. 
 
 stage (Plut. Affesil. 21 ; Laco/i. ApopWi. p. 185) ; 
 but it properly belonged to a class of butfoons or 
 iiiiprovisatore, who, in the language of the com- 
 mon people and in a very artless manner, imitated 
 some comic event. This kind of amusement, ac- 
 cording to Sosibius ((ip. Aiken, xiv. p. 621), was 
 very old at Sparta, and consisted in imitating some 
 foreign physician, or persons (probably boys) who 
 stole fruit in the autumn, or tlie remains of meids, 
 and were caught with their goods. (Pollux, iv. 
 14. 104 ; compare Suidas, s. v. 2<iia-lSios.) The 
 play itself is called by Pollux a mimic dance ; but 
 from the words of Sosibius, we must conclude that 
 the action represented was only alternating with 
 comic dances, or accompanied by them. Athenaeus 
 
 c.) gives a list of names by which these mimic 
 actors, who were extremely popular among the 
 ancients generally, were designated in various parts 
 of Greece. It is highly probable that the repre- 
 sentations of the 5€(Ke\i(rTal were peculiar to some 
 religious festival, and it has been supposed that 
 they were connected with the celebration of the 
 Dionysia at Sparta. (See Muller, Dorians, iv. 
 (i.%9.) [L.S.] 
 
 AEITMA, a particular place in the Peiraeus, 
 as well as in the harbom's of other states, where 
 merchants exposed samples of their goods for sale, 
 (llai-pocrat. s. v. ; Pollux, ix. 34 ; Aristoph. Eiiiiit. 
 ^74 ; Demosth. c. Lacr. 932. 20 ; Theophr. Char. 
 23.) The samples themselves were called iei-yixara. 
 (Plutarch, Dcinastli. 23 ; Bockh, I'M. Emu. of 
 Athena, i. p. 81.) 
 
 DEJECTUM EFFUSUM. [Dejecti Effu- 
 sive Actio.] 
 
 DEJECTI EFFUSIVE ACTIO. This was 
 an action given by the praetor's edict against a 
 person who threw or poured out anything from a 
 place or upper chamber {coenaeulum) upon a road 
 which is frequented by passengers, or on a place 
 where people use to stand. The action was 
 against the occupier, not the owner. If several 
 persons inhabited a coenaculum, and any injury 
 was done to another by a thing being thrown or 
 poured out of it, he had a right of action against 
 any of them, if the doer was uncertain. The 
 damages recoverable were to double the amount of 
 the damage, except in the case of a liber, when 
 they were fifty aurei, if he was killed ; if he was 
 only injured in his person, tliey were " quantum 
 ob earn rem aequum judici videbitur eum cum quo 
 agatur condemnari," which included the expenses 
 of a medical attendant, loss of time, &c., but not 
 damage done to his apparel, &c. If injury was 
 caused by a thing being thrown from a ship, there 
 was an actio ; for the words of the edict are, 
 " Un'DE in eum locum quo volgo iter fiat vel in 
 quo consistatur, dejectum," &c. 
 
 As many of the liouses in Rome were lofty, and 
 inhabited to the top by the poor (Cic. Agr. ii. 
 c. 35 ; Hor. Bp. I. i. 91 ; Juv. Sat. x. 17), and 
 probably as there were very imperfect means for 
 carrying oft' rubbish and other accumulations, it was 
 necessary to provide against accidents which miglit 
 liappen by sucli things being thrown through tlie 
 window. According to Labeo's opinion, the edict 
 only applied to the daytime, and not to the night, 
 wliich, however, was the more dangerous time for 
 a passer-by. (Dig. 9. tit. 3 ; Juv. Sat. iii. 
 2(J8, &c.) [G. L.] 
 
 AEI'AH. [Dies.] 
 
 AEIAI'AS rPA*H', the name of a suit insti- 
 
 tuted against soldiers who had been guilty of 
 cowardice. (Aesch. c. Ctesiph. 666 ; Lysias, e. 
 Alcib. 520. 525.) The presidency of the court 
 belonged to the strategi, and the court was com- 
 posed of soldiers who had served in the campaign. 
 (Lysias, c. Alcib. 521.) The punishment on con- 
 viction appears to have been drifi'ia. Compare 
 'A2TPATEI'A2 TPA'I'H'. 
 
 AErnNON. The present article is designed to 
 give a sketch of Grecian meals, and customs 
 comiected with them. The materials for such an 
 account, during the classical period of Athens and 
 Sparta, are almost confined to incidental allusions 
 of Plato and the comic writers. Several ancient 
 authors, tenned SfiirvoKoyoi, are mentioned by 
 Athenaeus ; but, unfortunately, their writings only 
 survive in the fragments quoted by him. His 
 great work, the Deipnosophists, is an inexhaus- 
 tible treasury of this kind of knowledge, but 
 Dl arranged, and with little attempt to distinguish 
 the customs of different periods. 
 
 The poems of Homer contain a real picture of 
 early manners, in every way worthy of the anti- 
 quarian's attention. As they stand apart from all 
 other writings, it will be convenient to exhibit in 
 one view the state of things which they describe. 
 It is not to be expected that the Homeric meals at 
 all agree with the customs of a later period ; in- 
 deed it would be a mere waste of time to attempt 
 adapting the one to the other. Athenaeus (i. p. 8) 
 who has entered fully into the subject, remarks on 
 the singular simplicity of the Homeric banquets, 
 in which kings and private men all partake of the 
 same food. It was common even for royal person- 
 ages to prepare their own meals (/I. ix. 206 — 218; 
 compare Gen. xxvii. 31), and Ulysses (Od. xv. 
 322) declares himself no mean proficient in the 
 culinary art — 
 
 nOp t' ev vr]riffai, SiA ^v\a Savol Keaffffm 
 Aanpivaai re koI owTijaai Koi olvoxovcrai. 
 
 Three names of meals occur in the Iliad and Odyssee 
 — apiO-Tou, SeiTrvov, SSpvov. This division of the 
 meals is ascribed, in a fragment of Aeschylus 
 quoted by Athenaeus (i. p. 1 1 ), to Palamedes, Kol 
 ra^Lupxas KoL (rrpaTapxas KaX iKaTovrdpxas 
 tra^a' atrov 8' elSevat Sioipiaa, apiara, hitirva, 
 Sdpira &' a'ipe7a-Bai rpia. The word dpiaTov uni- 
 formly means the early (a/x' tjoZ, Od. xvi. 2) as 
 ZopTTov does the late meal ; but Z^tirvov, on the 
 other hand, is used for either (//. ii. 381 ; Od. xvii. 
 1 70), apparently without any reference to time. 
 We should be careful, liowcver, how we argue from 
 the unsettled habits of a camp to the regular 
 customs of ordinary life. 
 
 From numerous passages in the Iliad and Odyssee 
 it appears to have been usual to sit during meal- 
 times. In the palace of Telemachus, before eating, 
 a servant brings Minerva, who is habited as a 
 stranger, the x^P"^^ t histral water " in a golden 
 pitcher, pouring it over a silver vessel." (Od. i. 
 136.) Beef, mutton, and goat's flesh were the 
 ordinary meats, usually eaten roasted; yet from the 
 lines (//. xxi. 363) 
 
 'ns 5e XeSrjj fei ivSov, eiret-ySfievos vvgi iro\X<f, 
 Kvlaari /ieASo/xiyos a.Tta\oTpi<pios <rid\oio, 
 we learn that boiled meats were held to be far from 
 unsavoury. Cheese, flour, and occasionally fruits, 
 also fonued part of the Homeric meals. Bread, 
 brought on in baskets (//. ix. 217), and salt 
 to which Homer gives the epithet hfws), are men- 
 
AEmNON. 
 
 AErnNON. 
 
 319 
 
 ' tioned : from Od. xvii. 455, the latter appears, 
 even at tiiis earlj' period, to have been a sign of 
 hospitality; in Od. xi. 122, it is the mark of a 
 strange people, not to know its use. 
 
 I Each guest appears to have had his own table, 
 
 1 and he who was first in rank presided over the 
 rest. Menelaus, at the marriage feast of Hennione, 
 begins the banquet by taking in his hands the side 
 of a roasted ox and placing it before his friends. 
 
 I {Od. iv. 65.) At the same entertainment music 
 and dancing are introduced : — "The divine minstrel 
 
 ' h\nnued to the sound of the lyre, and two tumblers 
 (KuSHrTTjTTjpe) began the festive strain, wheeling 
 
 I round in the midst." It was not beneath the 
 
 ' notions of those early days to stimulate the heroes 
 to battle {II. xii. 3l"l), 
 "ESprj Te, Kpiaijlv re, iSe ir\€iois SeTroetrtric, 
 
 and Ajax on his return from the contest with 
 Hector is presented by Agamemnon with the 
 
 The names of several articles of the festive board 
 occur in the Iliad and Odyssee. Knives, spits, 
 cups of various shapes and sizes, bottles made of 
 
 I goat-skin, casks, &c., are all mentioned. Many 
 sorts of wine were in use among the heroes ; some 
 
 I of Nestor's is remarked on as being eleven years 
 old. The Maronean wine, so called from Maron, 
 a hero, was especially celebrated, and would bear 
 mingling with twenty times its own quantity of 
 
 ' water. It may be observed that wine was seldom, 
 if ever, dmnk pure. When Nestor and Machaon 
 sit down togetlicr, " a woman," like unto a god- 
 dess, sets before them a polished table, with a 
 brazen tray, eirl Se Kp6fj.vov iroTcf o^ov. Then she 
 mingles a cup of Pramnian wine in Nestor's own 
 goblet, and cuts the cheese of goat's milk with a 
 steel knife, scattering white flour over it. The 
 guests drank to one another : thus the gods (//. iv. 
 4) SeiSe'xaT' dWriKovs, and Ulysses pledged 
 Achilles, saying, X"'P\ 'Axl^6^i (//. ix. 225). Wine 
 ■Has drawn from a larger vessel [KPATH'P] into 
 the cups from which it was drunk, and before 
 drinking, libations were made to the gods by pour- 
 ing some of the contents on the ground. (//. vii. 
 480.) 
 
 The interesting scene between Ulysses and the 
 swineherd {Od. xiv. 420) gives a parallel view of 
 early manners in a lower grade of life. After a 
 welcome has been given to the stranger, " The 
 swineherd cleaves the wood, and they place the 
 swine of five years old on the hearth. In the 
 goodness of his heart, Eumaeus forgets not the im- 
 mortal gods, and dedicates the firstling lock with a 
 prayer for Ulysses's return. He next smites the 
 animal with a piece of cleft oak, and the attend- 
 ants singe off the liair. He then cuts the raw meat 
 all round from the limbs, and laying it in the rich 
 fat, and sprinkling flour upon it, throws it on the 
 fire as an oft'ering {dTrapxn) to the gods, the rest 
 the attendants cut up and pierce with spits, and 
 having cooked it with cunning skill, draw otf all, 
 and lay the mess on the tables. Then the swine- 
 herd stands up to divide the portions, seven por- 
 tions in all, five for himself and the guests, and 
 one apiece to Mercury and the nymphs." 
 
 There is nothing more worthy of remark in the 
 Homeric manners, than the hospitality shown to 
 strangers. Before it is known who they are, or 
 whence they come, it is the custom of the times to 
 give them a welcome reception. {Od. i. 125, &c.) 
 
 When Nestor and his sons saw the strangei-s, 
 " The}' all aime in a crowd, and saluted them with 
 the hand, and made them sit down at the feast on 
 the soft fleeces by the sea shore." 
 
 The Greeks of a later age usually partook of 
 three meals, called aKpaTiaixa, dpiarov, and Z^^irvov. 
 The last, which corresponds to the Sopirov of the 
 Homeric poems, was the evening meal or dinner ; 
 the dptiTTov was the luncheon ; and the aKpanarfia, 
 which answers to the dpiffTOV of Homer, was the 
 early meal or breakfast. 
 
 The OKpaTiiTfia was taken immediately after 
 rising in the morning {i^ evurjs, ewdev, Aristoph. 
 Aves, 128()). It usually consisted of bread, dip- 
 ped in unmixed wine {aKpaTos), whence it de- 
 rived its name. (Plut. Syiiip. viii. (i. § 4 ; Schol. 
 ad T/u'uci: i. 51 ; Athenaeus, i. p. 11.) 
 
 Next followed the dpiarov or luncheon ; but the 
 time at which it was taken is uncertain. It is 
 frequently mentioned in Xenophon's Anabasis, 
 and appciu's to have been taken at different times, 
 as would naturally be the case with soldiers in 
 active service. Suidas (s. v. Aeiirvov) says that it 
 was taken about the third hour, that is about nine 
 o'clock in the morning ; but this account does not 
 agree with the statements of other ancient writers. 
 We may conclude from many circumstances that 
 this meal was taken about the middle of the da}^ 
 and that it answered to the Roman praiidium, as 
 Plutarch {Syinp. viii. 6. § 5) asserts. Besides 
 which the time of the irA.r)9outra dyopd, at which 
 provisions seem to have been bought for the 
 dpiarov, was from nine o'clock till noon. This 
 agrees with the account of Aristophanes ( Visp. 
 605 — (il2), who introduces Philocleon describing 
 the pleasure of returning home after attending the 
 courts, and partaking of a good dpiarov. The 
 courts of justice could scarcely have finished their 
 sittings by nine o'clock. Timaeus also defines 
 SeiA?) irpwia, which we know to have been the 
 early part of the afternoon [Dies], as the time 
 bef(ux> the dpicrroy. The dpiarov was usually a 
 simple meal, but of course varied according to the 
 habits of individuals. Thus Ischomachus, who de- 
 scribes his mode of life to Socrates, who greatly 
 approves of it, saj-s, 'hpiarui oaa uriTe k€v6s lUrjre 
 ayav ■n\rip-r]s Ziriixepiv^iv (Xen. Occnn. xi. 1'!). 
 
 The principal meal, however, was the Zfiirvov, 
 which ought, therefore, according to our notions, to 
 be translated, like the Latin cocna, by our word 
 " dinner." It was usually taken rather late in the 
 day, frequently not before sunset. (Lysias, c. ' 
 Eratosth. p. 2(j.) Aristophanes {EccJ. G52) says, 
 
 Sol Se p.iK'fiaei, 
 orav 77 SeKairovv rd aroix^^ov \nrapdv ^upiiv 
 cTTi 8e?7rcoi'. 
 
 But in order to ascertain the time meant by 
 SeKawovv TO (TToixeToc, the reader is referred to 
 the article Horologium. 
 
 The Athenians were a social people, and were 
 very fond of dining in company. Entertainments 
 were usually given, both in the heroic ages and 
 latter times, when sacrifices were oftered to the 
 gods, either on public or private occasions ; and 
 also on the anniversary of the birthdays of mem- 
 bers of the family, or of illustrious persons, whether 
 living or dead. Plutarch (Si/mp. viii. 1. § 1) 
 speaks of an entertainment being given on the 
 anniversary of the birthdays both of Socrates and 
 Plato. 
 
 When young men wished to dine together they 
 
320 
 
 AErnNON. 
 
 AErnNON. 
 
 fn'riuently contributed each a certain sum of money, 
 called cvix^oK-q, or brought their own provisions 
 with them. When the first plan was adopted, 
 they were said airo (Tv/xSoKciv Senrv^Tv, and one 
 individual was usually entrusted with the money 
 to procure the provisions, and make all the neces- 
 sary preparations. Thus we read in Terence 
 {Eunuch, HI. iv. 1 ) — 
 
 " Heri aliquot adolescentuli coimus in Piraco, 
 In hunc diem ut de symbolis cssemus. Chaeream 
 ei rei 
 
 Praefecimus: dati annuli; locus, tenipus consti- 
 tutum est." 
 
 This kind of entertainment, in which each guest 
 contributed to the expense, is mentioned in Homer 
 (Od. i. 226) under the name of epavos. 
 
 An entertainment in which each person brought 
 his own provisions with him, or at least contributed 
 something to tlie general stock, was called a SetTryov 
 dwrf airvplSos, because the provisions were brought 
 in baskets. (Athen. viii. p. 3(i'.").) This kind of en- 
 tertainment is also spoken of by Xenophon (jl/e;«. 
 iii. 14. § 1). 
 
 The most usual kind of entertainments, how- 
 ever, were those in which a person invited his 
 friends to his own house. It was expected that they 
 should come dressed with more than ordinary care, 
 and also have bathed shortly Iiefore ; hence, wlien 
 Socrates was going to an entertainment at Aga- 
 thon's, we are told that he both washed and put 
 on his shoes, — things which he seldom did. (Plato, 
 Si/mp. c. 2. p. 174.) As soon as the guests arrived 
 at the house of their host, their shoes or sandals 
 were taken off by the slaves, and their feet washed 
 {vTcoXviiV and oKovi^eiv). In ancient works of 
 art we frequently see a slave or other person re- 
 presented in the act of taking off the shoes of the 
 guests, of which an example is given, from a terra 
 cotta in the British Museum, in p. 253. After 
 their feet had been washed, the guests reclined on 
 the KKivai or couches (Kal 6 fiiv €(pri dirovl^dv rdv 
 iraiSa, "fa KaraK^oiTo, Plato, Si/nip. c. 3. p. 175). 
 
 It has already been remarked that Homer never 
 describes persons as reclining, but always as sitting 
 at their meals ; but at what time the change was 
 introduced is uncertain. Milller {Doria/is. iv. 3. 
 5; 1 ) concludes from a fragment of Alcman, quoted 
 by Athenaeus (iii. p. Ill), that the Spartans were 
 accustomed to recline at tlieir meals as early as the 
 time of Alcman. The Dorians of Crete always 
 sat; but the Athenians, like the Spartans, were 
 accustomed to recline. The Greek women and 
 children, however, like the Roman [Coena, p. 
 253], continued to sit at their meals, as we find 
 them represented in ancient works of art. 
 
 It was usual for only two persinis to recline on 
 each couch. Thus Agathon says to Aristodenius, 
 2u y, 'ApicTToSTj^e, Trap' 'Epu|i'^oxo!' KaTaitKivov : 
 and to Socrates, A(vpo, SwKparey, Trap' f/xe Kara- 
 K€i(To (Plato, Si/mp. c. 3, 4. p. 175). Also at a 
 banquet given by Attaginus of Thebes to fifty 
 Persians and fifty Greeks, we are told tliat oiu' 
 Persian and one Greek reclined on each couch. 
 In ancient works of art we usually see tlic guests 
 represented in this way ; ljut sometimes there is a 
 larger number on one long kAiVt), as in the wood- 
 cut in page 302. The manner in which they re- 
 clined, the <rx'?i"<i TTjy KaraKKicrews as Plutarch 
 (Si/nip. V. 6) calls it, will lie understood by re- 
 ferring to the woodcut already mentioned, where 
 the guests are represented reclining with their left 
 
 I arms on striped pillows (virayKoivia), and having 
 their right free ; whence Lucian {Lcriph. c. 6) 
 sjjcaks of 67r' ay/ccTi'os SfiTrceif. 
 
 After the guests had placed themselves on the 
 KX'wai, the slaves brought in water to wash their 
 hands (uSoip KarA xeigos eSoflr;). The subsequent 
 proceedings of the dinner are briefly described in 
 two lines of Aristophanes {Vcsp. 1210'), 
 
 T5top Kara x^'pt'J ' tos rpawf^ai einrfi^p^iu' 
 
 AfiTTvovfiev d.TTovev'ifiixeS'- riSr) (nrtuSofKV. 
 The dinner was then served up ; wlience we read 
 in Aristophanes, and elsewhere, of rds Toairefos 
 6iO-<p6p€ii', by which expression we are to mider- 
 st;uid not merely the dishes, but the t;il)les them- 
 selves. (Philoxen. ap. Atlum. iv. p. 14(). f.) It ap- 
 pears that a table, with provisions upon it, was 
 placed before each KK'ivq : and thus we find in all 
 ancient works of art, which represent banquets or 
 symposia, a small table or tripod placed before the 
 kKlvt], and when there are more than two persons 
 on the icAiVtj, several of such tables. (See woodcuts 
 in p. 253. 302.) These tables are evidently sm:dl 
 enough to be moved with ease. 
 
 In eating, the Greeks had no knives or forks, 
 but made use of their fingers only, except in eat- 
 ing soups or other liquids, which they partook of 
 by means of a spoon, called /xvariAT], (xvarpov, or 
 IxvdTpos. Sometimes they used, instead of a spoon, 
 a hollowed piece of bread, also called fiviTTiAri. 
 (Pollux, vi. 87; X. 89; Aristoph. Ly/uif. IKU; 
 Suidas, s. v. ixvaTiKi].) After eating they wiped 
 their fingers on pieces of bread, called dirofiaySaXiai 
 (Pollux, vi. 93.) They did not use any cloths or 
 napkins ; the x^'po^ofrpra and eKfjLay€7a, which 
 are sometimes mentioned (Pollux, I.e.), were towels, 
 which were onlj' used when they washed their 
 hands. 
 
 It appears that the arrangement of the dinner 
 was entrusted to certain slaves. (Plato, Siptip. c. 3. 
 p. 175.) The one who had the chief management 
 of it was called TpaTrefoTroio's or TpaTte^oKOjios 
 (Athen. iv. p. 170. e. ; Pollux, iii. 41 ; vi. 13). 
 
 It would exceed the limits of tliis work to give 
 an account of the different dishes which were intro- 
 duced at a Greek dinner, though tlieir number is far 
 below those which were usually partaken of at a Ro- 
 man entertainment. The most common food among 
 tlie Greeks was the fid^a (Dor. /irfSSo), a kind of 
 frumenty or soft cake, which was prepared in dif- 
 ferent ways, as a])pears by the various names which 
 were given to it. (Pollux, vi. 70.) The fxd^a is fre- 
 quently mentioned by Aristophanes. Tlie (pvarri 
 nd^a, of which Philocleon partakes on returning 
 home from the courts (Aristoph. Vcxp. 010), is 
 said by the Scholiast to have lieen made of barley 
 and wine. The p-d^a continued to th(^ latest times 
 to be the common food of the lower classes. 
 Wheaten or barley bread was the second most 
 usual species of food ; it was sometimes made 
 at home, but more usually bought at the market of 
 the dpTOTTuKat or dproTrcilAiSes. The vegetables 
 ordinarily eaten were mallows (/uoAo'xi), lettuces 
 (^pi'SaJ), cabbages (pdcpavot), beans (nvaixui), 
 lentils {(paKa7), &c. Pork was the most favourite 
 animal food, as was the case among the Romans 
 [Coena, p. 252] ; Plutarch (Si/mp. iv. 5. g 1) calls 
 it TO SiKaioraTov Kpeas, Sausages also were very 
 commonly eaten [Botulus]. It is a curious fact, 
 which P'lato {De Rep. iii. c. 13. p. 404) has re- 
 marked, that we never read in Homer of the heroes 
 partaking of fish. In later times, however, fish was 
 
DELATOR. 
 
 DELIA. 
 
 321 
 
 one of the most favourite foods of tlie Greeks, in- 
 somuch so tliat the name of 01//01' was applied 
 to it KaT f^ox'?!'. (Athen. vii. p. '27l> e.) A 
 minute account of the Hshes which the Greclts 
 ivere accustomed to eat, is given at tlie end of the 
 seventh book of Athenacus, arranged in alphabeti- 
 cal order. 
 
 The ordinary meal for the family was cooked 
 by the mistress of the house, or by the female 
 slaves under her direction ; but for special occa- 
 sions professional cooks (^i076ipoi) were hired, of 
 whom there appear to have been a great number. 
 (l)iog. Laert. ii. 72.) They are frequently men- 
 tioned in the fragments of the comic poets ; and 
 those who were acquainted with all the refine- 
 ments of their art were in great demand in other 
 parts of Greece besides their own country. The 
 Sicilian cooks, however, had the greatest reputa- 
 tion (Plato, Be Ucji. iii. c. 13. p. 404), and a 
 Sicilian book on cookery by one Mitliaecus is 
 mentioned in the Gorgias of Plato (c. 15G. p. 51!!. 
 Compare Maxim. Tyr. Dm. iv. 5) ; but the most 
 celebrated work on the subject was the Faarpo- 
 Koyia of Archestratus. (Athen. iii. p. 104. b.) 
 
 A dinner given by an opulent Athenian usually 
 consisted of two courses, called respectively irpwrai 
 TpoTrefai and Sevrepai rpdire^ai. Pollux (vi. f)3), 
 indeed, speaks of three courses, which was the 
 number at a Roman dinner [Coena, p. "251] ; and 
 in the same way we find other writers under the 
 Roman empire speaking of three co\u'ses at Greek 
 dinners ; but before the Roman conquest of Greece 
 aiul the introduction of Roman customs, we only 
 read of two courses. The first course embraced 
 the whole of what we consider the dinner, namely, 
 fish, poultry, meat, &c.; the second, which cor- 
 responds to our dessert and the Roman bcllaria^ 
 consisted of diifcrent kinds of fruit, sweetmeats, 
 confections, &c. 
 
 When the first course was finished the tables 
 were taken away {aHpeiv, aTraipetu, iiraipfii/, 
 tt<patp(7i', fK<pepeii>, ^aaTa^eiv Tcis rpoTrefa?), and 
 water was given to the guests for the purjjose of 
 washing their Lands. Crowns made of garlands of 
 flowers were also then given to them, as well as 
 various kinds of perfumes. (Philyll. tip. Athen. ix. 
 p. 408 e.) Wine was not drunk till the first 
 course was finished ; but as soon as the guests 
 had washed their hands, unmixed wine was intro- 
 duced in a large goblet, called pi^TaviirTpov or p-era- 
 vtTTTpis, of which each drank a little, after pouring 
 out a small quantity as a libation. This liba- 
 tion was said to be made to the " good spirit" 
 {dyadov SaLp.ovos), and was usually accompanied 
 with the singing of the paean and the playing of 
 flutes. After this libation mixed wine was 
 brought in, and with their first cup the guests 
 drank to Aioy Swrijpos. (Xen. Si/mp, ii. 1 ; Plato, 
 Si/mp. c. 4. p. 176 ; Diod. Sic. iv. 3; Suidas, s. v. 
 A7060U Aa'ipovos.) With the avovSai, the SeTirvov 
 closed ; and at the introduction of the dessert 
 (ScuTcpai TpoTrefai) the v6tos, <Tvp.Tr6aiov, or 
 Kaifx.os commenced, of which an account is given in 
 the article Symposium. (Becker, C7;a/-;7i/cs, vol. i. 
 p. 411—450.) 
 
 DELA'TOR, an informer. The delatores, under 
 the emperors, were a class of men who gained their 
 livelihood by infonning against their fellow-citizens. 
 (Suet. m. c. 61, JJom. c. 12 ; Tacit. Aim. iv. 30, 
 vi. 47.) They constantly brought forward false 
 charges to gratify the avarice or jealousy of the 
 
 different emperors, and were consequently paid 
 according to the imporfcmce of the infonnation 
 which they gave. In some cases, however, the 
 law specified the sums which were to be given to 
 informers. Thus, when a nnirder had been com- 
 mitted in a famil}', and any of the slaves belonging 
 to it had run away before the (|uaestio, whoever 
 apprehended such slaves received, for each slave * 
 whom he apprehended, a reward of five aurei 
 from the property of the deceased, or else from the 
 state, if the sum coidd not be raised from the pro- 
 perty of the deceased. (Dig. 2'J. tit. 5. s. 25.) In 
 the senatus consultum quoted by Frontinus {De 
 Af/miediic), the infonner received half of the 
 penalty in which the person was fined who trans- 
 gressed the decree of the senate. There seems also 
 to have been a fixed sum given to informers by the 
 lex Papia, since we are told that Nero reduced it 
 to a fom-th. (Suet. Nero, 10.) 
 
 The number of informers, however, increased so 
 rapidly under the early emperors, and occiisioned 
 so much mischief in society, that many of them 
 were banished, and puiiished in other ways, by 
 Titus, Domitian, and Trajan. (Suet. Tit. 8, Dom. 
 9 ; Mart. i. 4 ; Plin. Fauet/. 34; lirissonius. Ant. 
 Se/ert. iii. 17.) 
 
 DELECTUS. [Army (Roman).] 
 DE'LIA (SjjAia) is the name of festivals and 
 games celebrated at the great panegyris in the island 
 of Delos, the centre of an amphictyony, to which the 
 Cyclades and the neighbouring lonians on the 
 coasts belonged. (Hom. Hi/mn. in ApolL 147, &c.) 
 This amphictyony seems originally to have been in- 
 stituted simply for the purpose of religious worship in 
 the common sanctuary of Apollo, theScoj vary^os 
 of the lonians, who was said to have been born at 
 Delos. The Delia, as appears from the Ilynui on 
 ApoUo (compare Thucyd. iii. 104; PoUux, ix. 61), 
 had existed from very early times, and were cele- 
 brated ever}' fifth year (Pollux, viii. 104), and as 
 Biickh supposes, with great probability, on the 
 sixth and seventh days of Thargelion, the birth 
 days of Apollo and Artemis. The members of the 
 amphictj'ony assembled on these occasions (efletu- 
 povu) in Delos, in long ganucnts, with their wives 
 and children, to worship the god with gymnastic 
 and musical contests, chomses, and dances. That 
 the Athenians took part in these solemnities at a 
 very early period, is evident from the Deliastae 
 (afterwards called deupol) mentioned in the laws 
 of Solon (Athen. vi. p. 234) ; the sacred vessel 
 (&6aipi's), moreover, which they sent to Delos every 
 year, was said to be the same which Theseus iiad 
 sent after his return from Crete. (See the commen- 
 tators on Plato, Critn, p. 43 c.) Tlie Delians, dur- 
 ing the celebration of these solemnities, performed 
 the otfice of cooks for those who visited their island, 
 whence they were called 'EAeoSurai (Athen. iv. 
 
 P- 1'3). . .... 
 
 In the course of time the celebration of this an- 
 cient panegyris in Delos had ceased, and it was 
 not revived until 01. 88. 3, when the Athenians, 
 after having purified the island in the winter of 
 that year, restored the ancient solemnities, and 
 added horse-races which had never before taken 
 place at the Delia. (Thucyd. L c.) After this re- 
 .storation, Athens being at the head of the Icmian 
 confederacy took the most prominent part in the 
 celebration of the Delia ; and though the islanders, 
 in common with Athens, provided the choruses and 
 victims, the leader (dpxiflewpoj), who conducted 
 
 y 
 
322 
 
 AEA*I'2. 
 
 DEMETRIA. 
 
 the whole solemnity, was an Athenian (Plut. Nk. 
 3; Wolf. Introd. ad Demosth. Lcpt. p. xc), and 
 the Athenians had the superintendence of the com- 
 mon sanctuary. [Amphictyons.] 
 
 From these solemnities, belonging to the great 
 Delian panegyris, we must distinguish the hsser 
 Delia, which were mentioned above, and which 
 * were celebrated every year, probably on the Gth of 
 Thargelion. The Athenians on this occasion sent 
 the sacred vessel (ftecopi's), which the priest of 
 Apollo adorned with laurel branches, to Delos. 
 The embassy was called &eaip(a : and those who 
 sailed to the island, &ew/30i' : and before they set 
 sail a solemn sacrifice was offered in the Delion, at 
 Marathon, in order to obtain a happy voyage. (MUl- 
 ler, Dor. ii. 2. § 14.) Piuing the absence of the 
 vessel, which on one occasion lasted 30 days (Plat. 
 I'haedon^'p. 58 ; Xen. Memorab. iv. 8. §2), the city 
 of Athens was purified, and no criminal was allowed 
 to be executed. The lesser Delia were said to have 
 been instituted by Theseus, though in some legends 
 they are mentioned at a much earlier period, and 
 Plutarch ( T/tes. 23) relates that the ancient vessel 
 used by the founder himself, though often repaired, 
 was preserved and used by the Athenians down 
 to the time of Demetrius Plmlereus. (Biickh, 
 S/aats!/. d. Ath. ii. p. 216. &c.; Thirlwall, Hkt. of 
 Greece, iii. p. 217.) [L. S.] 
 
 DELICTUM. [Crimen.] 
 
 DELPHI'NIA (SeA^iVia), a festival of the same 
 expiatory character as the ApoUonia, which was ce- 
 lebrated in various towns of Greece, in honour of 
 Apollo, sumamed Delphinius, who wasconsidered hy 
 the lonians as their &€dy irarpi^os. The name of the 
 god, as well as that of his festival, must be derived 
 from the belief of the ancients that in the begin- 
 ning of the month of Munychion (probal)ly iden- 
 tical with the Aeginetan Delphinius) Apollo came 
 through the defile of Parnassus to Delphi, and 
 began the battle with Delphyne. As he thus 
 assumed the character of a wrathful god, it was 
 thought necessary to appease him, and the Delphi- 
 nia, accordingly, were celebrated at Athens, as 
 well as at other places where his worship had been 
 adopted, on the Gth of Munychion. At Athens 
 seven boys and girls carried olive-branches, bound 
 with white wool (called the iKerripla), into the 
 Delphinium. (Plut. Thes. 18.) 
 
 The Delphinia of Aegina are mentioned by the 
 scholiast on Pindar {Pyth. viii. 88), and from his 
 remark on another passage {O/i/mp. vii. 151), it is 
 clear that they were celebrated with contests. 
 (Compare Diog. Laert. Vit. Thai. c. 7 ; Miiller, 
 Dor. ii. 8. § 4.) Concerning the celebration of the 
 Delphinia in other places nothing is known ; but 
 we have reason to suppose that tlie rites observed 
 at Athens and in Aegina were common to all 
 festivals of the same name. See Miiller, Aei/l/ieL 
 p. 152. ^ [L. S.] 
 
 AEA'i'l'S or AEA*I'N, an instrument of naval 
 warfare. It consisted of a large mass of iron or 
 lead suspended on a beam, which projected from 
 the mast of the ship like a yard-arm. It was used 
 to sink, or make a hole in, an enemy's vessel, 
 by being dropped upon it when alongside. 
 (Aristoph. Eijitit. 759; Thucyd. vii. 41; Schol. 
 ad loc. ; Hesych. s. v. ) 
 
 There seems no necessity for supposing that it 
 was made in the shape of a dolphin. Bars of iron 
 used for ballast are at the present day called 
 " pigs," though they bear no resemblance to that 
 
 animal. Probably the ifK<l>ives were hoisted aloft 
 only when going into action. We may also con- 
 jecture that they were fitted, not so much to the 
 swift {rax^ta.i) triremes, as to the miUtary trans- 
 ports (cTpaTiciiTiSey, oTrKni.'ywyoi), for the sailing 
 of the former would be much impeded by so large 
 a weight of metal. At any rate, those that 
 Thucydides speaks of were not on the trh-emes, 
 but on the oAKoSej. 
 
 DELUBRUM. [Templum.] 
 
 DEM A'RCIII. These officers were the head bo- 
 roughs orchief magistrates of the demi in Attica, and 
 are said to have been first appointed by Cleisthenes. 
 Their duties were various and important. Thus, 
 they convened meetings of the dcmus, and took 
 the votes upon all questions under consideration ; 
 they had the custody of the MliapxtKov -ypafina.- 
 retov, or book in which the members of the demus 
 were enrolled ; and they made and kept a register 
 of the landed estates (x^pia) in theii- districts, 
 whether belonging to individuals or the body cor- 
 porate ; so that whenever an ei(r<pnpd, or extra- 
 ordinary propertj'-tax was imposed, they must 
 have been of great service in assessing and collect- 
 ing the quota of each estate. (Biickh, vol. i. p. 212. 
 transl.) Moneys due to the demus for rent, &c. 
 were collected by them (Demosth. c. Etch. 1318), 
 and it may safely be allowed that they were 
 employed to enforce payment of various debts 
 and dues claimed by the state. (Biickh, I. c.) For 
 this pui-pose they seem to have had the power of 
 distraining, to which allusion is made by Aristo- 
 phanes {Niibes. 37 ; see Mitchell). In the duties 
 which have been enumerated, they supplanted the 
 naucrari of the old constitution ; their functions, 
 however, were not confined to duties of this 
 class, for they also acted as police magistrates ; 
 thus, in conjunction with the dicasts of the 
 towns (SiKaffral Kord Sij^ous), they assisted 
 in preserving peace and order (Wachsmuth, 
 ii. part I. p. 32), and were required to bury, 
 or cause to be bui'ied, any dead bodies found in 
 their district : for neglect of this duty they were 
 liable to a fine of 1000 drachmae. (Demosth. 
 c. Macar, 1069. 22.) Lastly, they seem to have 
 furnished to the proper authorities a list of the 
 members of the township who were fit to serve 
 in war (KOTaA.o'70us inoiriaavTO, Demosth. e. Poli/e. 
 1208 ; Harpocr. s.v.; Poll. viii. 108; Schiimann, 
 377). [Demus.] [R. W— n.] 
 
 DEMENS. [Curator, p. 305.] 
 
 DEMENSUM was an allowance of com, which 
 was given to Roman slaves monthly or daily. 
 (Plant. Sikh.' 1. ii. 3, Trin. iv. ii. 102 ; diaria. 
 Mart. xi. 108; Hor. Ep. I. xiv. 40.) Donatus 
 (ad Tcr. Phorm. I. i. 9) says that every slave re- 
 ceived four modii of com a month ; but Seneca 
 {Ep. 80) speaks of five modii as the allowance. 
 (Becker, Gallup, i. p. 1 10.) 
 
 DEME'NTIA. [Curator, p. 305.] 
 
 DEME'TRIA (STJiurjTgi'a), an annual festival 
 which the Athenians, in 307 u. c, instituted in ho- 
 nour of Demetrius PoKorcetes, who, together with 
 his father Antigonus, were consecrated under the 
 title of saviour gods. It was celebrated every j'ear 
 in the month of Munychion, the name of which, as 
 weU as that of the day on which the festival was 
 held, was changed into Demetrion and Demetrias. 
 A priest ministered at their altars, and conducted 
 the solemn procession, and the sacrifices and games 
 with which the festival was celebrated. (Diodor. 
 
AHMO'2101. 
 
 ' Sic. XX. 46; Plut. Demetr. 10.46.) To honour 
 the new god still more, the Athenians at the same 
 time changed the name of the festival of the l)io- 
 nysia into that of Demetria, as the young prince 
 was fond of hearing himself compared to Dionysus. 
 The demetria mentioned by Athenaeus (xii. p. 
 536) are probably the Dionysia. Respecting the 
 other extrayagaiit flatteries which the Athenians 
 heaped upon Demetrius and Antigonus, see Athen. 
 vi. p. 252 ; Herm. Polit. Ant. of Greece, § 175. n. 
 6, 7, and 8 ; and Thirlwall, Hist, of Greece, vii. 
 p. 331. [L. S.] 
 
 DEMINU'TIO CAPITIS. [Caput.] 
 AHMIO'nPATA (sc. irpayjiara or Krrifxara) was 
 property confiscated at Athens and sold by public 
 auction. The confiscation of property was one of 
 the most common sources of revenue in many of 
 the Grecian states ; and Aristophanes ( Vcsji. 559, 
 with Schol.) mentions the SrjfiiSTrpara as a separate 
 branch of the public revenue at Athens. An ac- 
 count of such property was presented to the peo- 
 ple in the first assembly of every prytaneia (Pollux, 
 viii. 95); and lists of it were posted upon tablets 
 of stone in different places, as was the case at 
 Eleusis, with the catalogue of the articles which 
 accrued to the temple of Demeter and Persephone, 
 ' from persons who had committed any offence 
 against these deities. (Pollux, x. 97.) Many 
 monuments of this kind were collected by Greek 
 antiquarians, of which an account is given by 
 Biickh. {Pol. Eco7i. of AtJiens, vol. i. p. 2GS, &c. 
 Compare vol. ii. p. 1 27 ; and Meier, De Bonis Dani- 
 naiorum, p. 160, &c.) 
 AH'MIOS. [BA'SANOS, p. 130.] 
 DEMIU'RGI (SriiJ.iovoyoi). These magi- 
 strates, whose title is expressive of their doing 
 the service of the people, are by some gram- 
 marians stated to have been peculiar to Dorian 
 states ; but, perhaps, on no authority, except 
 the form SafjLiovpyot. Miiller {Dorianx, ii. 145. 
 transl.) observes, on the contrary, that " they 
 were not uncommon in the Peloponnesus, but 
 they do not occur often in the Dorian states." 
 They existed among the Eleians and Mantineans, 
 with whom they seem to have been the chief 
 executive magistracy (ot SiifnovpyoL Ka\ ij /SouAt}, 
 t. T. A., Thucyd. v. 47). We also read of demi- 
 urgi in the Achaian league, who probably 
 ranked next to the strategi (Wachsmuth, §79), 
 and put questions to the vote in the general 
 assembly of the confederates. (Liv. xxxii. 22; 
 xxxviii. 30.) Officers named epidemiurgi, or 
 upper demiurgi, were sent by the Corinthians to 
 manage the government of their colony at Potidaea. 
 (Thucyd. i. 56.) [R. W— n.] 
 
 DEMONSTRA'TIO. [Actio, p. 10.] 
 AHMOnOI'HT02 was the name given to a 
 foreigner who was admitted to the rights of 
 citizenship at Athens by a decree of the people, on 
 account of ser\-ices rendered to the state. Such 
 citizens were, however, excluded from the phra- 
 triae, and could not hold the offices of either archon 
 or priest (Demosth. c. Neaer. p. 1376), but were 
 registered in a phyle and deme. [Civitas( Greek), 
 p. 235.] 
 
 AHMO'SIOI were public slaves at Athens, who 
 were purchased by the state. Some of them filled 
 subordinate places in the assembly and courts of 
 justice, and were also employed as heralds, check- 
 ing clerks, &c. They were usually called Sr//n(5(rioi 
 oiKeToi, and, as we learn from Ulpian (ad Demosth. 
 
 DEMUS. 323 
 
 Olynth. ii. p. 15), were taught at the expense of 
 the state to qualify them for the discharge of such 
 duties as have been mentioned. (Hemster. ad 
 Polluc. ix. 10 ; Maussac. ad Harpocrat. s. v. 
 Arifioa-'tos : Pctitus, Leg. Att. p. 342.) As these 
 pubhc slaves did not belong to any one individual, 
 they appear to have possessed certain legal rights 
 which private slaves had not. (Meier, Alt. Process, 
 p. 401. 560 ; Aeschin. c. Timarch. p. 79. 85.) 
 
 Another class of public slaves formed the city 
 guard ; it was their duty to preserve order in the 
 public assembly, and to remove any person whom 
 the TrpvTaveis might order. (Schneider, ad Xen. 
 Mem. iii. 6. § 1 ; Plato, Proiai/. c.27. p. 319, and 
 Heindorf's note ; Aristoph. Adiarn. 54, with the 
 commentiitors.) They are generally called bo^vmen 
 (TolSrai) ; or from the native country of the majority, 
 Scythians ; and also Speusinians, from the name of 
 the person who first established the force. (Pollux, 
 viii. 131, 132; Photius, s.v. To^orai.) There 
 were also among them many Thracians and other 
 barbarians. They originally lived in tents in the 
 market-place, and afterwards upon the Areiopagus. 
 Their officers had the name of toxarchs (joiixpxoi). 
 Their number was at first 300, purchased soon 
 after the battle of Salamis, but was afterwards in- 
 creased to 1200. (Aeschin. ITepl WapairpeaS. p. 
 335 ; Andoc. De Pac. p. 93 ; Biickh, Pull. Econ. 
 of Athens, i. p. 277, &c.) 
 
 DEMUS. The word Zrnxos originally indicated 
 a district or tract of land, and is by some derived 
 from Se&>, as if it signified an " enclosure marked 
 off from the waste," just as our word town comes, 
 according to Home Tooke, from the Saxon verb 
 " tynan," to enclose. (Arnold, Thucyd. vol. i. 
 app. iii.) It seems, however, more simple to con- 
 nect it with the Doric 5a for ya. In this meaning 
 of a country district, inhabited and under cultiva- 
 tion, Sijfj.os is contrasted with ttcSAij : thus we have 
 dcSpcuc Sjjfidv re ttJAij/ re (lies. Op. et Dies, 527) ; 
 but the transition from a locality to its occupiers is 
 easy and natural, and hence in the earlier Greek 
 poets we find Srjuos applied to the outlying country 
 population, who tilled the lands of the chieftains 
 or inhabitants of the city ; so that Srjiios and 
 ttoATtoi came to be opposed to each other, the 
 former denoting the subject peasantrj^ (Srjfiov 
 (piKoStairoTOV, Hes. Tlieotjn. 847): the latter, the 
 nobles in the chief towns (Wachsmuth, Hel. Alter. 
 I. i. p. 316). 
 
 We now proceed to treat of tlie dcmi* or country 
 parishes of Attica ; and in the first place we may 
 remark that, whatever uncertainty there may be 
 about the nature and origin of the four triljes in 
 that country as they existed before the age of 
 Cleisthenes, there is scarcely any about the altera- 
 tions he introduced with respect to them. His 
 object was to effect a revolution, by which the 
 power of the aristocracy would be diminished ; for 
 this purpose he broke up the four tribes of the old 
 constitution, and substituted in their place ten 
 local tribes (<pv\ai roiriKai), each named from some 
 Attic hero. (Herod, v. 66. 69.) These were 
 subdivided into ten demi or country parishes, pos- 
 
 * The word S^/aos, in the sense which we 
 have expressed by parish, is by some rendered 
 " borough," by others, " to\vnship." Of these 
 terms, the fonner is certainly not appropriate ; and 
 as a parish may include townships and hamlets, 
 we prefer this word to " township." 
 
 Y 2 
 
324 
 
 DEMUS. 
 
 DEMUS. 
 
 sessiiig each its principal town ; and in some one 
 of these demi were enrolled all the Athenian 
 citizens resident in Attica, with the exception, 
 perhaps, of those who were natives of Athens 
 itself. (Thirlwall, //ii/.o/G'reece, ii. p. 74.) These 
 sulidivisions corresponded in some degree to the 
 vavKpapiai of the old tribes, and were, according 
 to Herodotus, one hundred in number ; but as the 
 Attic demi amounted in the time of Strabo (ix. 
 390" c.) to 174, donbts have been raised about 
 this statement. Niebuhr has inferred from it that 
 the tribes of Clcisthenes did not originally include 
 the whole population of Attica, and " that some 
 of the additional 74 must have been cantons, 
 which had previously been left in a state of de- 
 pendence ; by far the chief part, however, were 
 houses {yevr}) of the old aristocrac}'," which were 
 included in the four Ionian tribes, but, according 
 to Niebuhr, were not incorporated in the ten 
 tribes of the " niral commonalty" tUl after the 
 time of Clcisthenes. [Tribus.] 
 
 This inference, however, seems very question- 
 able ; for the number of the demi might increase 
 from a variety of causes, such as the growth of the 
 population, the creation of new tribes, and the 
 division of the larger into smaller parishes ; to 
 say nothing of the improbability of the coexistence 
 of two different orders of tribes. " Another fact, 
 more ditticult to account for, is tlie transposition 
 by which denies of the same tribe were found at 
 opposite extremities of the country" (Thirlwall, 
 I.e., and npp. i. vol. ii.). The names of the different 
 demes were taken, some from the chief towns in 
 them, as Marathon, Eleusis, and Achaniae ; some 
 from the names of houses or clans, such as the 
 Daedalidae, Boutadae, &c. A complete list of 
 them is given in Wachsmuth (ii. p. 1. app. 1). The 
 largest of all was the demus of Acharnae, which in 
 the time of the Peloponnesian war, was so exten- 
 sive as to supply a force of no less than three 
 thousand heavy-armed men. Thucydides (ii. 191) 
 says of it, that it was the x'"?'"" f-iytcrrov T-rjs 
 'Atti/ct)s rav SifiUoic KaXovfiivuv. 
 
 In explanation of their constitution and rela- 
 tion to the state in general, we may observe, that 
 they formed independent coi-porations, and had 
 each their several magistrates, landed and other 
 property, with a common treasury. They had 
 likewise their respective convocations or " parish 
 meetings," convened by the deniarchi, in which was 
 transacted the public business of the demus, such 
 as the leasing of its estates, the elections of officers, 
 the revision of the registers or lists of Srj/iOToi, 
 and the admission of new members. Moreover, 
 each demus appears to have kept what was called 
 a -TTiVal cK/cArjiriacTTiKoj, or list of those StujAtoi 
 who were entitled to vote at the general assemblies 
 of the whole people. In a financial point of view, 
 they supplanted the old " naucraries" of the four 
 tribes, each demus being required to furnish to the 
 state a certain quota of money, and contingent of 
 troops, whenever necessary (Wachsmuth, § 8.S). 
 Independent of these bonds of union, each demus 
 seems to have had its peculiar temples and reli- 
 gious worship {S-nfiortKo. Upd, Pans. i. 31 ; Pollux, 
 viii. 108), the officiating priests in which were 
 chosen by the SijjUf^Tai (Demosth. c. Eiibul. 1313); 
 so that both in a civil and religious point of view, 
 the demi appear as minor communities, whose magi- 
 strates, moreover, were obliged to submit to a 
 SoKifmaia, in the same way as the public officers 
 
 of the whole state. But besides the magistrates, 
 such as demarchs and treasurers (jaix'iai), elected 
 by each parish, we also read of judges, who 
 were called S'lKacrrai Karii Si^fiovs : the number 
 of these officers, originally thirty, was afterwards 
 increased to forty, and it a])pears that they made 
 circuits through the different districts, to ad- 
 minister justice in all cases where the matter in 
 dispute was not more than ten drachmae in value, 
 more important questions being reserved for the 
 SiaiTT/Tof. (Hudtwalcker, p. 37.) 
 
 We will now treat of the Sri/jiATat, or members 
 of each demus, their privileges, and relations to 
 the body corporate, of which they formed a con- 
 stituent part. We are told that, on the first in- 
 stitution of the demi, Cleisthenes increased the 
 strength of the Sfj/xo^, or commonalty, by making 
 many new citizens, amongst whom are said to 
 have been included not only strangers and resident 
 foreigners, but also slaves. (Aris. Po/.iii. 1.)* Now 
 admission into a demus was necessary, before any 
 individual could enter upon his full rights and 
 privileges as an Attic citizen ; and though in the 
 first instance, every one was enrolled in the register 
 of the demus in which his property and residence 
 lay, this relation did not continue to hold with all 
 the SrjiLio'Tai ; for since a son was registered in the 
 demus of his real or adoptive father, and the 
 former might change his residence, it would often 
 happen that the members of a demus did not all re- 
 side in it. Still this would not cause any incon- 
 venience, since the meetings of each parish were 
 not held within its limits, but at Athens. (Demosth. 
 c. Euhul. 1302.) No one, however, could pur- 
 chase property situate within a parish to which 
 he did not himself belong, without paying to the 
 demarchs a fee for the privilege of doing so 
 {kyKTr]Ti.K6v), which would, of course, go to the 
 treasury of the parish. (Biickh, Full. Econ. 
 vol. ii. p. 3. transl.) 
 
 Two of the most important functions of the 
 general assemblies of the demi, were, the 
 admission of new members and the revision 
 of the names of members already admitted. 
 The register of enrolment was called A7)^iapx"fO'' 
 ypa//.fMTe7ov, because any person whose name was 
 inscribed in it could enter upon an inheritance 
 and enjoy a patrimony, the expression for which 
 in Attic Greek was rrjs A^leuis dpx^f ■ Aayxavfic 
 K\rjpoy, being equivalent to the Roman phrase 
 (i(/i)-e hercditatem. These registers were kept by 
 the demarchs, who, with the approbation of the 
 members of the dennis assembled in general meeting, 
 inserted or erased names according to circum- 
 stances. Thus, when a youth was proposed for 
 enrolment, it was competent for any demote to 
 object to his admission on the ground of illegiti- 
 macy, or non-citizenship by the side of either 
 parent. The demotes decided on the validity of 
 these objections under the sanction of an oath, and 
 the question was deteiTnined by a majorit}' of 
 votes. (Demosth. c. Eub. p. 1318.) The same 
 process was observed when a citizen changed his 
 parish in consequence of adoption. (Isaeus, De 
 Apull. Hcfcd. p. 66. 17.) Sometimes, however, a 
 demarch was bribed to place, or assist in placing, 
 
 * TloWovs e<^ii\«TCU(r6 t,ivovs koX {ZovKovs) 
 IxiTOLKovs. We strongly suspect hovKovs to be an 
 interpolation. The admission of slaves would, we 
 conceive, have been very unpopular. 
 
DENARIUS. 
 
 DENARIUS. 
 
 325 
 
 on the register of a demus, persons who had no 
 claim to citizenship. (Dcmosth. c. Leoch. p. 1091.) 
 To remedy this admission of spurious citizens 
 (vaQiyypaiTToi) the SiaifiijcpKns was instituted. 
 [AIAiJ'H'<f>I2I2.] 
 
 Lastly, crowns and other honorary distinctions 
 could be awarded by the demi in the same way 
 as by the tribes. A decree of the demus of the 
 Peiraeus is given in Bockh {I. c), by which certain 
 privileges were granted to CaUidamas of ChoUidae: 
 one of these was the exemption from the paj-ment 
 of the €7KT7)Ti/t((v, if he should acquire property in 
 that parish. The words are — TtAeTv Se avrdv to. 
 tcdrd tcAt) if toj S-^/j-o) cnreg av Koi Xleipams, Kal 
 fiTj eKKfyeif Trap' avTov tov Srniapxov to iyKTrj- 
 TiKov. Tlie decree is taken from an inscription in 
 Chandler (ii. 108). [Demarchi.] [R. W— n.] 
 
 DENA'RIUS, the principal silver coin among 
 the Romans, was so called because it was origin- 
 ally equal to ten asses ; but on the reduction of 
 the weight of the as [As], it was made equal to 
 sixteen asses, except in military pay, in which it 
 was still reckoned as equal to ten asses. (Plin. 
 H.N. xxxiii. 13.) The denarius was first coined 
 five years before the first Punic war, B. c. 269. 
 [Aruextu.m.] There were originally 84 denarii 
 to a pound (Plin. //. A', xxxiii. 4G ; Celsus, v. 1 7. 
 § 1), but subsequently 9b". At what time this re- 
 duction was made in the weight of the denarius is 
 uncertain, as it is not mentioned in history. Some 
 have conjectured that it was completed in Nero's 
 reign; and Mr. Hussey {Ancient Weir/hts, &c. 
 p. 137) justly remarks, that Suetonius (Jul. 54) 
 proves that 84 denarii went still to the pound, 
 about the year b. c. 50 ; since if we reckon 9U to 
 the pound, the proportion of the value of gold to 
 silver is 7"8 to 1, which is incredibly low; while 
 the value on the other supposition, 8'9 to 1, is 
 more probable. Compare Argentum, suh fin. 
 
 Mr. Hussey calculates the average weight of the 
 denarii coined at the end of the commonwealth 
 at 60 grains, and those under the empire at 52-5 
 grains. If we deduct, as the average, ^ of the 
 weight for alloy, from the denarii of the common- 
 wealth, there will remain 58 grains of pure silver ; 
 and since the shilling contains 80"7 grains of pure 
 
 58 
 
 silver, the value of the best denarii will be 
 
 80-7 
 
 of a shilling, or 8'6245 pence ; which may be 
 reckoned in round numbers 8J</. If the same 
 method of reckoning be apphed to the later 
 
 BRITISH MUSEUM. ACTUAL SIZE. WEIGHT 
 60'6 GRAINS. 
 
 BRITISH MUSEUM. ACTUAL SIZE. WEIGHT 
 S8'5 GRAI.NS. 
 
 denarius, its value will be about 7'5 pence, or 7j'i. 
 (Hussey, p. 141, 142.) 
 
 The Roman coins of silver went at one time as 
 low down as the fortieth part of the denarius, the 
 teruncius. They were, the (jiiimirius or half de- 
 narius, the sestertius or quarter denarius [Sester- 
 tius], the libella or tenth of the denarius (equal to 
 the as), the senilella or half libella, and the terun- 
 ciiis or quarter libella. 
 
 The quinarius was also called victoriatus (Cic. 
 Pm Font. 5), from the impression of a figure of 
 Victory which it bore. Pliny (//. N. xxxiii. 13) 
 says that victoriati were first coined at Rome in 
 pursuance of the lex Clodia ; and that previous to 
 that time, they were imported as an article of trade 
 from lUyria. The Clodius, who proposed this law, 
 is supposed to have been the person who obtained 
 a triumph for his victories in Istria, whence he 
 brought home a large sum of money (Liv. xli. 13); 
 which would fix the first coinage of the victoriati 
 at Rome, B. c. 177 ; that is, 92 years after the first 
 silver coinage. 
 
 If the denarius weighed 60 grains, the teruncius 
 would only have weighed IJ gr. ; which would 
 have been so small a coin, that some have doubted 
 whether it was ever coined in silver ; for we know 
 that it was coined in copper. [As, p. 102.] But 
 Varro {De Ling. Lat. v. 174. ed. Miiller) names it 
 among the silver coins with the liljella and sem- 
 bella. It is, however, improbable that the terun- 
 cius continued to be coined in silver after the as 
 had been reduced to ^th of the denai'ius ; for 
 then the tenincius would have been ^^jth of the 
 denarius, whereas Varro only describes it as a 
 subdivision of libella, when the latter was J^th of 
 the denarius. In the time of Cicero, the libella 
 appears to have been the smallest silver coin in use 
 (Cic. Pro Rose. Com. c. 4) ; and it is frequently 
 used, not merely to express a silver coin equal to 
 the as, but any very small sum. (Plant. Cos. ii. v. 
 7 ; Capt. V. i. 27.) Gronovius (Dc SesteHiis, ii. 
 2), however, maintains that there was no such 
 coin as the libella when Varro wrote; but that the 
 word was used to signify the tenth part of a 
 sestertius. No specimens of the libella are now 
 found. 
 
 If the denarius be reckoned in value 84'/.i the 
 other coins which have been mentioned, will be of 
 the following value : — 
 
 
 Pence 
 
 Farth. 
 
 Teruncius .... 
 
 
 •53125 
 
 
 
 1-0625 
 
 
 
 2-125 
 
 Sestertius .... 
 
 o 
 
 -5 
 
 Quinarius or Victoriatus 
 
 4 
 
 1 
 
 Denarius .... 
 
 8 
 
 2 
 
 It has been frequently stated that the denarius 
 is equal in value to the drachma ; but this is not 
 quite correct. The Attic drachma was almost 
 equal to OJrf., whereas we have seen that the 
 denarius was but little above %^d. The later 
 di-achmae, however, appear to have fallen off in 
 weight ; and there can be no doubt that they were 
 at one time nearly enough equal to pass for equal. 
 Gronovius has given all the authorities upon the 
 subject in his De Sestertiis (iii. 2). 
 
 The earliest denarii have usually, on the ob- 
 verse, the head of Rome with a helmet, the 
 Dioscuri, or the head of Jupiter. Many have, on 
 the reverse, chariots drawn by two or four horses 
 (hiyae, quadrigae), whence they are called respect- 
 
326 
 
 DEPOSITUM. 
 
 DESULTOR. 
 
 ively bigati and quadriciati, sc. nummi. [Bigatus.] 
 Some denarii were called serrati (Tacit. Oenn. 5), 
 because their edges were notched like a saw, which 
 appears to have been done to prove that they were 
 solid silver, and not plated. Many of the family 
 denarii, as those of the Aelian, Calpurnian, Pa- 
 pinian, TuUian, and numerous other families, are 
 marked with the numeral X, in order to show 
 their value. 
 
 Pliny {H.N. xxxiii. 13) speaks of the denarius 
 aureus. Grono\'ius {De Sesier. iii. 15) says, that 
 this coin was never struck at Rome ; but there is 
 one of Augustus in the British Museum, weighing 
 60 grains, and others of less weight. The average 
 weiglit of the common aureus was 120 grains. 
 [AuRUM, p. 11.0.] In later times, a copper coin 
 was called denarius, (l)ucange, s.i\ Denarius.) 
 
 DENTIFRI'CIUM {oZovroTptnixa), dentrifice 
 or tooth-powder, appears to have been skilfidly 
 prepared and generally used among the Romans. 
 A variety of substances, such as the bones, hoofs, 
 and horns of certain animals, crabs, egg-shells, and 
 the shells of the oj'ster and the murex, constituted 
 the liasis of the preparation. Having been pre- 
 viously burnt, and sometimes mixed with hone}', 
 they were reduced to a fine powder. Though 
 fancy and superstition often directed the choice of 
 these ingredients, the addition of astringents, such 
 as mjTrh, or of nitre and of hartshorn ground in a 
 raw state, indicates science which was the result of 
 experience, the intention being not only to clean 
 the teeth and to render them white, but also to fix 
 them when loose, to strengthen the gums, and to 
 assuage tooth-ache. (Plin. H.N. xxviii. 49 ; xxxi. 
 46 ; xxxii. 21. 26.) Pounded pumice was a more 
 dubious article, though Pliny (xxxvi. 42) says, 
 " Utilissima fiunt ex his dentifi'icia." [J. Y.] 
 DEPENSI ACTIO. [Sponsor.] 
 DEPORTA'TIO. [Banishment (Roman).] 
 DEPO'SITI ACTIO. [Depositum.] 
 DEPO'SITUM. A depositum is that which is 
 given by one man to another to keep until it is de- 
 manded back, and without any rewcffd for the 
 trouble of keeping it. The party who makes the 
 depositum is called dcponens or depositor, and he 
 who receives the thing is called depusitarius. The 
 act of deposit may be purely voluntary ; or it may 
 be from necessitj', as in the case of fire, shipwreck, 
 or other casualty. The depositarius is bound to 
 take care of the thing which he has consented to 
 receive. He cannot use the thing unless he has 
 permission to use it, either by express words or by 
 necessary implication. If the thing is one " quae 
 usu non consumitM," and it is given to a per- 
 son to be used, the transaction becomes a case 
 of locatio and conductio [Locatio], if money 
 is to be paid for the use of it ; or a case of 
 commodatum [Commodatum], if nothing is to 
 be paid for the use. If a bag of money not 
 sealed up is the subject of the depositum, and 
 the depositarius at any time asks for peimission 
 to use it, the money becomes a loan [Mutuum] 
 from the time when the permission is granted ; if 
 the deponens proffers the use of the money, it be- 
 comes a loan from the time when the depositarius 
 begins to use it. If money is deposited with the 
 condition that the same amount be returned, the 
 use of it is tacitly given ; but the depositum does 
 not therefore become mutuum. If the depositum 
 continues purely a depositum, the depositarius is 
 bound to make good any damage to it which hap- 
 
 pens through dolus or culpa lata ; and he is bound 
 to restore the thing on demand to the deponens, or 
 to the person to whom the deponens orders it to 
 be restored. The remedy of the deponens against 
 the depositarius, is by an actio depositi directa. 
 The depositarius is entitled to be secured against 
 aU damage which he may have sustained through 
 any culpa on the part of the deponens, and to all 
 costs and expenses incurred by his charge ; and 
 his remedy against the deponens is by an actio 
 depositi contraria. The actio was in duplum, if 
 the deposit was made from necessity ; if the de- 
 positarius was guilty of dolus, infamia was a 
 consequence. (Dig. 16. tit. 3; Cic. Off. i. 
 10; Juv. Sat. xiii. 60; Dirksen, IfebersiiM, &c. 
 p. 597.) [G. L.] 
 
 DESERTOR is defined by Modestinus to be 
 one " qui per prolixum tempus vagatus, reducitur," 
 and differs from an cmansor, " qui diu vagatus ad 
 castra egreditur." (Dig. 49. tit. 16. s. 3.) Those 
 who deserted in time of peace, were punished by 
 loss of rank, corporal chastisement, fines, ignomini- 
 ous dismission from the service, &c. Those who 
 left the standards in time of war were usually 
 punished with death. The transfugae, or deserters 
 to the enemy, when taken, were sometimes de- 
 prived of their hands or feet (Liv. xxvi. 12), but 
 generally were put to death. (Lipsius, De Milit. 
 Rom. iv. 4.) 
 
 DESIGNA'TOR. [Funus.] 
 
 AESMnXH'PION. [Carcer.] 
 
 AE2n02I0NAT"TAI. [Civitas (Greek), 
 p. 236.] 
 
 DESULTOR (afj.<pnnvos,avaSaT-qs, iieraSaT-qs), 
 a rider. Although riding on horseback is never 
 mentioned among the martial exercises of the early 
 Greeks, it was often practised by them as a swift 
 and easy method of conveyance from place to place ; 
 and that they had attained to great skill in horse- 
 manship is manifest from a passage of the Iliad 
 (xv. 679 — 684), describing a man who keeps four 
 horses abreast at full gallop, and leaps from one to 
 another, amidst a crowd of admiring spectators. 
 The Roman desultor generally rode only two 
 horses at the same time, sitting on them without a 
 saddle, and vaulting upon either of them at his 
 pleasure. (Isid. Orig. xviii. 39.) He wore a hat or 
 cap made of felt. The taste for these exercises was 
 carried to so great an extent, that young men of 
 the highest rank not only drove bigae and quad- 
 rigae in the circus, but exhibited these feats of 
 horsemanship. (Suet. Jul. 39 ; compare the article 
 Circus, p. 233.) Besides performing publicly for 
 the amusement of the spectators, the Roman riders 
 were employed to convey messages with the 
 greatest possible despatch, relieving either horse, 
 when fatigued, by vaulting upon the other. (Hygin. 
 Fuh. 80.) Among other nations this species of 
 equestrian dexterity was applied to the purposes 
 of war. Livy mentions a troop of horse in the 
 Numidian army, in which each soldier was sup- 
 plied with a couple of horses, and in the heat of 
 battle, and when clad in armour, would leap with 
 the greatest ease and celerity from that which was 
 wearied or disabled upon the back of the horse 
 which was still sound and fresh, (xxiii. 29.) The 
 Scythians, Armenians, and some of the Indians, 
 were skilled in the same art. 
 
 The annexed woodcut shows three figures of 
 desultores, one from a bronze lamp, published by 
 BiU-toli (A/itidic Lucerne Sepoleruli, i. 24), the 
 
DIADEMA. 
 
 others from coins. In all these the rider wears a 
 pileus, or cap of felt, and his horse is without a 
 saddle ; but these examples prove that he had the 
 use both of the whip and the rein. On the coins 
 we also observe the wreath and palm-branch as 
 ensigns of victory. [J. Y.] 
 
 DIAETETICA. 
 
 327 
 
 DETESTA'TIO SACRORUM. [Sacra.] 
 
 DEVERSO'RIUM. [Caupoxa.] 
 
 DEUNX. [As, p. 10-2.] 
 
 DEXTANS. [As, p. 102.] 
 
 DIADE'MA (SidSrifia), a white fillet used to 
 encircle the head {fascia alha, Val. Max. vi. 2. 7). 
 
 The invention of this ornament is by Pliny (vii. 
 57) attributed to " Liber Pater." Diodorus 
 Siculus adds (iv. p. 250. Wcssel.), that he wore it 
 to assuage headache, the consequence of indulgence 
 in wine. Accordingly, in works of ancient art, 
 Bacchus wears a plain bandage on his head, as 
 shown in the woodcut at p. 193. 
 
 Whether we reject or admit the conjecture of 
 Diodorus, we may safely consider the diadem, even 
 in its simplest form, as a decoration which was 
 properly Oriental. It is commonly represented on 
 the heads of Eastern monarchs. Justin (xii. 3) re- 
 lates that Alexander the Great adopted the large 
 diadem of the kings of Persia, the ends of which fell 
 upon the shoulders, and that this mark of royalty 
 was preserved by his successors. (See also Lucian, 
 Dial. Diog. et Alea:) Antony assumed it in his 
 luxurious intercourse with Cleopatra in Egypt. 
 (Floras, iv. 1 1.) Aelian says ( V. H. vi. 38) that 
 the kings of that country had the figure of an asp 
 upon their diadems. 
 
 In pr(^ess of time the sculptors placed the 
 diadema on tlie head of Jupiter, and various other 
 divinities besides Bacchus (see examples at p. 224. 
 269) ; and it was also gradually assumed by the 
 sovereigns of the Western world. It was tied be- 
 hind in a bow; whence Tacitus {Ann. vi. 37. 2) 
 speaks of the Euphrates rising in waves " wliite 
 with foam, so as to resemble a diadem." By the 
 addition of gold and gems (Isid. Oriij. six. 31), 
 and of pearls from the Erythrean sea (Claud. 
 Epitlml.), and by a continual increase in richness, 
 size, and splendour, this bandage was at length 
 
 converted into the crown which has been for many 
 centuries the badge of sovereignty in modern 
 Europe. It must have been merelj- in joke that 
 the surname of Diadematus was given to L. Metel- 
 lus, who in order to conceal an ulcer had his head 
 for a long time surrounded with a bandage. (Plin. 
 //..V. xxxiv. H.) [J. Y.] 
 
 AIABATH'PIA was a sacrifice offered to Zeus 
 and Athena by the kings of Sparta, upon passing 
 the frontiers of Lacedaemon with the command of 
 an army. If the victims were unfavourable, they 
 disbanded the army and returned home. (Xen. De 
 Rep. Lac. xi. 2; Thuc. v. 54, 55. 116; Wach- 
 smuth, II. i. p. ,391.) 
 
 AIAAIKASI'A, in its most extended sense, is a 
 mere synonj-m of Si/c?j : technically, it denotes the 
 proceedings in a contest for preference between 
 two or more rival parties ; as, for instance, in the 
 case of several claiming to succeed as heirs or 
 legatees to the estate of a deceased person. Upon 
 an occasion of this kind, it will be observed that, 
 as all the claimants are similarly situated with re- 
 spect to tlie subject of dispute, the ordinary classi- 
 fication of the litigants as plaintiffs and defendants 
 becomes no longer applicable. This, in fact, is the 
 essential distinction between the proceedings in 
 question and all other suits in which the parties 
 appear as immediately opposed to each other; but 
 as far as forms are concerned, we are not told tliat 
 they were peculiarly characterised. Besides the 
 case above mentioned, there are several others to 
 be classed with it in respect of the object of pro- 
 ceedings being an absolute acquisition of property. 
 Among these are to be reckoned the claims of pri- 
 vate creditors upon a confiscated estate, and the 
 contests between informers claiming rewards pro- 
 posed by the state for the discovery of crimes, dfec, 
 as upon the occasion of the mutilation of the 
 Hermae (Andoc. 14) and the like. The other 
 class of causes included imder the general term 
 consists of cases like the antidosis of the trierarchs 
 ['ANTI'AOSIS], contests as to who was to be 
 held responsible to the state for public property 
 alleged to have been transferred on one hand and 
 denied on the other (as in Dem. e. Ecerg, et Miws.), 
 and questions as to who should undertake a 
 choregia, and many others, in which exemptions 
 from personal or pecuniary liabilities to the state 
 were the subject of claim by rival parties. In a 
 diadicasia, as in an ordinary Siktj, the proper court, 
 the presiding magistrate, and the expenses of the 
 trial, mainly depended upon the peculiar object of 
 the proceedings, and present no leading charac- 
 teristics for discussion under the general term. 
 (Platner, Process und Klarfcn. ii. p. 17. s. 9.) 
 [AI'KH.] [J.S.M.] 
 AIAAO'SEIS. [AIANOMAI'.] 
 DIAETA. [House.] 
 
 DIAETE'TICA, or DIAETE'TICE (Sictirr)- 
 T1K7)), one of the three principal branches into 
 which the ancients divided the art and science of 
 medicine. [Medicina.] The word is derived 
 from Si'atTO, which meant much the same as our 
 word diet. It is defined bj' Celsus {De Medic, 
 Praefat. in lib. i.) to signify that part of medicine 
 quae victii medetur, " which cures diseases by 
 means of regimen and diet ;" and a similar ex- 
 planation is given by Plato {ap. Diog. Lai-H. iii. 1. 
 § 85). Taken strictly' in this sense, it would cor- 
 respond very nearly with the modern dietetics, and 
 this is the meaning which (as far as the writer is 
 
328 DIAETETICA. 
 
 DIAETETICA. 
 
 aware) it always boars in the earlier medical 
 writers, and that which will be adhered to in tlie 
 present article ; in some of the later authors, it 
 seems to comprehend Celsus's second grand division, 
 </)op/ia/c6uTi(nj, and is used by Scribonius Largus 
 {De Compos. Medicam. § 200) simpl}^ in opposi- 
 tion to cMriirgia, so as to answer exactly to the 
 province of our plnisician. 
 
 No attention seems to have been paid to this 
 branch of medicine before the date of Hippocrates ; 
 or at least it would seem that, whether Homer 
 meant to represent it as it was in his own time, or 
 as he supposed it to have been during the Trojan 
 war, it must luive been (according to our modern 
 notions) very defective and erroneous. For in- 
 stance, he represents Machaon, who had been 
 wounded in the shoulder by an arrow (/A xi. 507) 
 and forced to quit the field, as taking a draught 
 composed of wine, goat's-milk cheese, and Hour 
 i^ih'ul. (!3f!), which certainly no modem surgeon 
 woidd prescribe in such a case. (See Plato, Dc 
 Ii,-pM. iii. p. 405, 40(5 ; Max. Tyr. Serm. 29 ; 
 Atlienaeus, i. § 17. p. 10.) Hippocrates seems 
 to claim for himself the credit of being the first 
 person who had studied this subject, and says 
 that " the ancients had written nothing on it 
 worth mentioning" [Dc Rat. Vicf. in Morh. Aciit. 
 tom. ii. p. 2G. ed. Kiihn). Among the works 
 comnuinly ascribed to Hippocrates, there are four 
 that bear upon this subject, viz. : — J. Uepl Aia'iTrjs 
 'Tyieivrjs, De Suhihri Vidus Ratiune ; 2. Tlepl 
 Aiai'rrjs, fk- Victus Raiione, in three books ; 3. 
 nepi Aiczi'ttjj '0^4wu, ])c Raiione Victus in Morhis 
 Acutts ; and, 4. Uegl Toofijs, De Alimentu. Of 
 these the thii'd only is considered to be un- 
 doubtedly genuine ; but the first was probably 
 written by his son-in-law Polybus ; the second, 
 though evidently not all composed by the same 
 author, is supposed to be as old as Hippocrates ; 
 and the fourth, if not the work of Hippocrates 
 himself, is nevertheless very ancient. (See Fabric. 
 BiU. (It: vol. ii. ed. Harles.) There is also a good 
 deal of matter on this subject in his other works, as 
 regimen and diet was the first, the chief, and often 
 the only remedy that he employed. Besides these 
 treatises by Hii)pocrates and his contemporaries, 
 on the first, third, and fourth of which Galen 
 has left a commentarj', the following works on 
 the subject by later authors are still extant : — 
 Galen, Yl^pi Tpo(p<Zv Avvd/j.ews, De Aliinintorum 
 Fuculiatiiiis ; Id. llepi 'Evx^fiias Kal KaKoxv/J-'ias 
 Tpo(puiv, Dc I'niliis d Priiris Aliimniorum Hiiceis ; 
 Id. riegl T^j KOTti Tuv 'IviroKyaTriv Atahris iirl 
 Twv 'O^ewv NoariiJ.dTwu, De Vidus Ratione iu 
 Moriis And is i\v 1 1 ijrpocraiis Setitentia ; Michael 
 Psellus,n6pi Aiai'T7)s, De Vidus Ratione; Theodorus 
 Priscianus, Diaetu, sii-e de Sahdarihts Rebus ; Con- 
 stantinus Afer, De Vidus Ratione Variorum Mor- 
 horum. To tliese may be added the famous 
 Reyimen Sanitafis Salernitanum ; a treatise by 
 Isaac ( Isluik Den Sokiman ), De Diadis Univer- 
 sali/jus d I'artieularibus; another corruptly entitled 
 Taeuini Sanitutis EUuchusem Elimithar de Sex 
 Rebus mn Natiiralihus ; and another by the cele- 
 brated Maimonides (Moslwk Ben Maimon ), De 
 Rer/imine Saiiiiatis : besides several chapters in 
 the works of Haly Abbas, Avicenna, and 
 Mesue. It would be out of place here to at- 
 tempt anything like a complete account of the 
 opinions of the ancients on this point ; those 
 who wish for nmre detailed infonnation must be 
 
 referred to the different works on medical anti- 
 quities, while in this article mention is made 
 of only such particulars as may be supposed to 
 have some interest for the general reader. 
 
 In the works above enumerated almost all the 
 articles of food used by the ancients, are men- 
 tioned, and their real or supposed properties dis- 
 cussed, sometimes quite as fancifully as by Burton 
 in his Anatomii of Melaiidujly. In some respects 
 they appear to have been much less delicate 
 in their tastes than the nu)dems, as we find the 
 desh of the fox, the dog, the horse, and the ass 
 spoken of as common articles of food. (Pseudo- 
 Hippocr. De Viet. Rut. lib. ii. tom. i. p. 079, 680.) 
 With regard to the quantity of wine drank bj' the 
 ancients, we may arrive at something like certainty 
 from the fact that Caelius Anrelianus mentions it 
 as something extraordinary that the famous Ascle- 
 piades, at Rouu' in the seventli century A. u. c, 
 sometinu'S ordered his patients to double and 
 treble the quantity of wine, till at last they drank 
 half wine and half wati'r {De Morb. Chron. lib. iii. 
 c. 7. p. 381)'), from which it appears that wine was 
 commonly diluted with five or six times its quantity 
 of water. Hippocrates recommends wine to be 
 mixed with an equal quantit}' of water, and Galen 
 approves of the proportion ; but Le Clerc {Hist, de 
 la Med.) thinks that this was only in particular 
 cases. In one jilace (Pseudo-llippocr. De Vict. 
 Hat. lib. iii. in Jin.') tlie patient, after great fatigue, 
 is recommended p-^dvaSiivai o7ra| t) 6/s, in which 
 passage it has been nuich doubted whether actual 
 intoaicaiion is meant, or only the " drinking freely 
 and to cheerfulness," in which sense the same 
 word is used by St. John (ii. 10) and the LXX. 
 {Gen. xliii. 34 ; Cant. v. 1 ; and perhaps Gen. ix. 
 21). According to Hippocrates, the proportions in 
 which wine and water should be mixed together, 
 vary according to the season of the yeai' ; for in- 
 stance, in summer the wine should be most diluted, 
 and in winter the least so. (Compare Celsus, De 
 Medic, i. 3. p. 31. ed. Argent.) Exercise of 
 various sorts, and batliing, are also much insisted 
 upon by the writers on diet and regimen ; but for 
 further particulars on these subjects the articles 
 Baths and Gymnastica must be consulted. It 
 may, however, be added that the bath could not 
 have been very common, at least in private families, 
 in the time of Hippocrates, as he says {De Rat. 
 Vid. in Aforb. Acut. p. G2) that " there are few 
 houses in which the necessary conveniences are 
 to be found." 
 
 Another very favourite practice with the ancients, 
 both as a preventive of sickness and as a remedy, 
 was the taking of an emetic from time to time. The 
 author of the treatise De Vidus Ratione, falsely 
 attributed to Hippocrates, recommends it two or 
 three times a month (lib. iii. p. 710). Celsus con- 
 siders it more beneficial in the winter than in the 
 summer {De Medic^ i. 3< p. 28), and says that 
 those who take an emetic twice a month had better 
 do so on two successive daj's than once a fortnight 
 {Ibid. p. 29). At the time in which Celsus wi'ote, 
 this practice was so connnonly abused, tliat Ascle- 
 piades, in his work De Sanitate Tuenda, rejected 
 the use of emetics altogi-ther, " Ofi'ensus," says 
 Celsus {Ibid. p. 27), " eorum consuetudine, qui 
 quotidie ejiciendo voraiuli facultatem nmliuntm'." 
 (See also Plin.//. A^. xxvi. 8.) It was the custom 
 among the Romans to take an emetic immediately 
 before their meals, in order to prepare themselves 
 
AIAITHTAI'. 
 
 to eat more plentifully; and again soon after, so as 
 to avoid any injun^ from repletion. Cicero, in his 
 account of the day that Caesar spent with him at 
 his house in the country {ad Att. xiii. ,5"2), says, 
 •• Accuhuit, e/jLeTtK-nu agcbat, itaque et edit et bibit 
 dSeas et jucunde ; " and this seems to have been 
 considered a sort of compliment paid by Caesar to 
 his host, as it intimated a resolution to pass tlie 
 day cheerfully, and to eat and drink freely with 
 him. He is represented as having done the same 
 
 i thing when he was entertained by King Deiotarus 
 
 , (Cic. Fm Deiut. c. 7). The glutton Vitellius is 
 said to have preserved his own life by constant 
 emetics, while he destroyed all his companions 
 who did not use the same precaution (Suet, in 
 VitcH. c. 13 ; Dion. Cass. Ixv. "2), so that one of 
 them, who was prevented by illness from dining 
 with him for a few days, said, " I sliould certainly 
 have been dead if I had not fallen sick." Even 
 women, after bathing before supper, used to diink 
 
 ; wine and throw it up again to shai^pen their ap- 
 
 ■ petite — 
 
 [Falerni] " sextarius alter 
 Ducitur ante cibum, rabidam facturas orexim." 
 
 Juv. Sat. vi. 427, 428. 
 so that it might truly be said, in the strong lan- 
 guage of Seneca (Co/is. «</ Helv. 9. § 10 ), " Vomunt, 
 ut cdaiit ; cdunt, ut vomant." (Compare Senecii, 
 De Provid. c. 4. § 11 ; id. Epid. 95. § 21.) 
 liy some the practice was thouglit so effectual 
 for strengthening the constitution, that it was 
 the constant regimen of all the athletae, or pro- 
 fessed wrestlers, trained for the public shows, 
 in order to make them more robust. Celsus, 
 j however (/. c. p. "28), warns his readers against 
 the too frequent use of emetics without neces- 
 sity and merely for luxury and gluttony, and 
 says that no one who has any regard for his health, 
 and wishes to live to old age, ought to make it 
 a daily practice. (See Middleton's Life of Cicero; 
 Casaubon, o« Siid. I. <•.) [W. A. G.] 
 
 AlArPA^EI'S. ['EI2*0PA'.] 
 
 AIAITHTAI'. Tlie 5iaiT?)Toi, or arbitrators, 
 mentioned by the Athenian orators, were of two 
 kinds ; the one public and appointed by lot 
 {KKrjpwToi'), the other private, and chosen (alperoi) 
 by the parties who referred to them the decision of 
 a disputed point, instead of trying it before a 
 court of justice ; the judgments of both, according 
 to Aristotle, being founded on equity rather than 
 law(d yap Sioitijttjs to firieiKes 6pa,6 Se SiKaarriS 
 rov vofXQv, Rhetor, i. 13). We shall, in the first 
 place, treat of the SiaiTrjraJ K\-r]pu>Toi, following, 
 as closely as possible, the order and statements of 
 Hudtwalcker in his treatise " Uebor die tiifent- 
 lichen und Privat-Schiedsrichter Diiiteten in 
 Athen, und den Process vor denselben." 
 
 According to Suidas (s. v.), the public SiaiTTjToi' 
 were required to be not less than 50 years of age ; 
 according to Pollux (viii. 126) and Hesychius, not 
 less than (iO. With respect to their nmnber there 
 is some difficulty, in consequence of a statement of 
 Ulpian (Demosth. c. iMcid. 542. 1 5 ), according 
 to which it was 440, i. e. 44 for each tribe 
 (■ijo-ai/ Se Tecrffapey Koi reuaapaKovTa, Kad' iKdarriv 
 <pvK-/)v). This number, however, appears so un- 
 necessarily large, more especially when it is con- 
 sidered that the Attic orators frequently speak of 
 only one arbitrator in each case, that some writers 
 have, with good reason, supposed the reading 
 should be — fiaav Se -naaapaKOVTa, rtaaapes 
 
 AIAITHTAI'. 329 
 
 K. e. (p. At any rate, litigious as the Athenians 
 were, it seems that 40 must have been enough for 
 all pui'poses. 
 
 The words Kad' eKticrTijv <pv\riv, implj' that each 
 tribe had its own arlntrator ; an inference which is 
 supported by Demosthenes (c. Ererg. 1 1 42. "25 ), 
 where he speaks of the arbitrators of the Oeneid 
 and Erectheid tribes: as well as by Lj'sias (c. 
 /'(«//(■/. 731 ), who, in the words trpoaKXTjadfi^i/os 
 avTov irpoi tous 'Iiriroflowi'Ti'Si SiKofocTos, is 
 thought to allude to the SiaiTrjrat of the Hippo- 
 thoontid tribe. With regard to the election of 
 these officers, it is doubtful whether they were 
 chosen by the members of the tribe for which they 
 adjudicated, or in a general assembly of the people. 
 Hudtwalcker inclines to the latter supposition, as 
 being more probable : we do not think so ; for it 
 seems just as likely, if not more so, that the four 
 arbitrators of each tribe were chosen in an assem- 
 bly of the tribe itself. Again, whether they were 
 appointed for life, or only for a definite period, is 
 not expressly mentioned by the orators ; but as 
 none of the Athenian magistrates, with the excep- 
 tion of the Areiopagites remained permanently in 
 office, and Demostlienes (c. Mchl. 542. 15) speaks 
 of the last day of the 1 1 th month of the year as 
 being the last day of the SiaiTT/rai (?) T€A.euTaio 
 ■qfiipa t£v SiaiTTjToic), it seems almost certain that 
 they were elected for a year only. The only ob- 
 jection to this conclusion arises from a statement 
 in a fragment of Isaeus (p. 361. ed. Reiske), where 
 an arbitrator is spoken of as being engaged on a 
 suit for two years (5u'o trjj roS SiaiTrjToO ttiv 
 Si(CT)c exofToj): if, however, we admit the con- 
 jectural reading twu SiaiT'fjra/y, the meaning would 
 be in accordance with what we infer from other 
 authorities, and would only imply that the same 
 amse came before the arbitrators of two different 
 years, a case which might not unfrequently happen ; 
 if, on the contrarj-, the reading of the te.xt is cor- 
 rect, we must suppose that it was sometimes neces- 
 sary or convenient to re-elect an arbitrator for the 
 decision of a particidar case. 
 
 After discussing this subject, Hudtwalcker raises 
 the question, whether or not the public SiaiTrjrai 
 took any general oath before entering upon their 
 duties. The point is not one of great importance, 
 and therefore we shall only observe that such a 
 guarantee would seem to be unnecessary; for we 
 read of their taking oaths previous to giving judg- 
 ment in the particular cases which came before 
 them. {lsacu&,De Dicaeof/.Hered. p. 54 ; Demosth. 
 c. Callip. p. 1244.) From this circumstance we 
 should infer that no oath was exacted from them 
 before they entered upon office : Hudtwalcker is of 
 the contrary opinion, and suggests that the pur- 
 port of then' oath of office {(tiidseid) was the same 
 as that of the Ileliastic oath given by Demosthe- 
 nes (f. Timocr. 747). 
 
 The Siairr/Tai of the different tribes appear to 
 have sat in different places ; as temples, halls, and 
 courts of justice, if not wanted for other pui-jioses. 
 Those of the Oeneid and the Erectheid tribes met 
 in the heliaea (Demosth. c Evert/. 1142. 25); we 
 read of others holding a court in the delphinium 
 (Id. c. Boeut. ii. 1011), and also in the (ttooL 
 iroLKiKri (Id. c. Stepli. i. 110()). Again we are 
 told of slaves being examined by the SiaiTijTai', 
 sitting for that pm-pose, under the appellation of 
 ^aaaviarai [BA'2AN02], in the hephaisteium, or 
 temple of Poseidon. (Isocr. TpoTref. 361. 21. ed. 
 
330 
 
 AIAITHTAI'. 
 
 AIAITHTAI'. 
 
 Bekker.) Moreover, we are told of private arbi- 
 trators meeting in the temple of Athena on the 
 Acropolis ; and, if the amended reading of PoUux 
 (viii. 126) is correct, we are informed by him, in 
 general terms, that the arbitrators formerly held 
 their courts in the temples (Aijjto)!/ iu UpoTs 
 ■Kd\ai). Harpocration also (s. v.) contrasts the 
 dicasts with the arbitrators, observing that the 
 former had regularly appointed courts of justice 
 
 Another point of difference was the mode of 
 payment, inasmuch as the dicasts received an 
 allowance from the state, whereas the only remu- 
 neration of the SiaiT-qTai was a drachma deposited 
 as a iragatTTaaiS* hy the complainant, on the com- 
 mencement of the suit, the same sum being also 
 paid for the dvTwfioala, and every virwixoaia sworn 
 during the proceedings. (Pollux, viii. 39 and 127 ; 
 Harpocr. s. v. ; compare Bdckh, vol. ii. p. 207. 
 transl.) 
 
 The irapdffTaffis of which we have been speak- 
 ing, is the same as the SpaxM tov AemofiapTvp'iov 
 mentioned by Demosthenes (c. Timoth. 1190). 
 The defendant in this case had failed to give evi- 
 dence as he ought to have done, and therefore the 
 plaintiff commenced proceedings against him for this 
 neglect, before the arbitrators in the principal suit, 
 the first step of which was the payment of the 
 irapdrTTaTis. 
 
 The public arbitrators were vtt^vBvvoi, i. c. every 
 one who had, or fancied he had, a cause of com- 
 plaint against them for their decisions, might pro- 
 ceed against them by €iVa77€Ai'a, or information 
 laid before the senate. For this purpose, says 
 Ulpian, whose statement is confirmed by Demo- 
 sthenes (c. Meid.) in the case of Straton, the public 
 diaetetae were, towards the close of their year 
 of office, and during the latter days of the month 
 Thargelion, required to present themselves in 
 some fixed place, probably near the senate-house, 
 that they might be ready to answer any charge 
 brought against them, of which they received a 
 previous notice. The punishment, in case of con- 
 demnation, was drijuia, or the loss of civic rights. 
 Harpocration (s. ?•.), however, infonns us that the 
 eiaayyeAia against the arbitrators was brought be- 
 fore the dicasts or judges of the regular courts, but 
 this probably happened only on appeal, or in cases 
 of gi'eat importance, inasmuch as the 0ov\rj could 
 not inflict a greater penalty than a fine of 500 
 drachmae with drifiia. 
 
 We may now discuss the competency of the 
 diaetetae, i. e. the extent of their jurisdiction, with 
 respect to whicli Pollux (viii. 126) states, that in 
 fonner times no suit was brought into a court be- 
 fore it had been investigated by the diaetetae 
 (TtdXai ovSefiid 8i'/cr; irpiv M 8iaiT7)T<iy €K6e7i' 
 eicrif7€To). There can be but little doubt that the 
 word iraAai here refers to a time which was an- 
 cient with reference to the age of the Athenian 
 orators, and therefore that this previous investiga- 
 tion was no longer requisite in the days of Demo- 
 sthenes and his contemporaries. Still we find the 
 diaetetae mentioned by them in very many cases 
 of civil actions, and it is not unlikely that the 
 magistrates, whose duty it was to bring actions 
 
 * Tlapd(TTams, d(p' rjs iaas Koi HXdrtav vapaffr-n- 
 aaaBai els Kpiaiv (XpujKev, 8 irpoaKaKeaaaQai ol 
 l)7jTopes. (Pollux, viii. 39.) 
 
 into court (da-dyeiv), encouraged the process befor( 
 the arbitrators, as a means of saving the state tlu 
 pajTnent which would otherwise have been due tu 
 the dicasts. (Biickh, vol. i. p. 317. transl.) Iliid- 
 twalcker is accordingly of opinion that the diaete- 
 tae were competent to act in all cases of civil 
 actions for restitution or compensation, but not of 
 penal or criminal indictments (ypa^ai), and, more- 
 over, that it rested with the complainant whether 
 his cause was brought before them in the first in- 
 stance, or sent at once to a higher court of judica- 
 ture. (Demosth. c.Androt. 601. 18.) 
 
 But besides hearing cases of this sort, the 5iai- 
 TTjToi' sat as commissioners of inqujry on matters 
 of fact which coidd not be conveniently examined 
 in a court of justice (Demosth. c. Steph. 1 106), just 
 as what is called an " issue " is sometimes directed 
 by our own Court of Chancery to an inferior court, 
 for the purpose of trying a question of fact, to be 
 determined by a jury. Either party in a suit 
 could demand or challenge (irpoKaKucrBai) an in- 
 quiry of this sort before an arbitrator, the chal- 
 lenge being called irpSKXrjms : a term which was 
 also applied to the " articles of agreement " by 
 which the extent and object of the inquiry were 
 defined. (Demosth. c. Neuer. 1387.) Many in- 
 stances of these irpo/cArjircis are found in the 
 orators ; one of the most frequent is the demand 
 or oifer to examine by torture a slave supposed to 
 be cognisant of a matter in dispute, the damage 
 which might residt to the owner of the slave being 
 guaranteed by the party who demanded the exami- 
 nation. (Harpocr. s. v. Ylp6KKt}ins.) See also De- 
 mosthenes (Oiu-tor. i. 874), who obser\-es that the 
 testimony of a slave, elicited by torture, was 
 thought of more value l)y the Athenians than the 
 evidence of freemen. [BA'2AN02.] Another in- 
 stance somewliat similar to the last, was the 
 ■Kp6KK7)ins fls fxaprvpiav (Pollux, viii. 62), where 
 a part}' proposed to his opponent that the decision 
 of a disputed point should be determined by the 
 evidence of a third party. (Antiphon, De Choreut. 
 p. 144. ed. Bekker.) Sometimes also we read of a 
 TTp6K\ri<Tis, by which a party was challenged to 
 allow the examination of documents ; as wills 
 (Demosth. c. Steph. 1104), deeds, bankers' books, 
 &c. {Id. c. Timoth. 1197. 1.) 
 
 It is manifest that the forms and objects of a 
 ■J!p6Kkr\ffis would vary according to the matter in 
 dispute, and the evidence which was producible ; we 
 shall, therefore, content ourselves with adding 
 that the term was also used when a party chal- 
 lenged his adversary' to make his allegation under 
 the sanction of an oath, or offered to make his own 
 statements under the same obligation. (Demosth. 
 c. Apat. 896; c. Con. 1269. 19.) 
 
 The presumption or prepossession which might 
 arise from a voluntary oath in the last case, might 
 be met by a similar TrpiJ/cArjtris, tendered by the op- 
 posite party, to which the original challenger ap- 
 pears to have had the option of consenting or not 
 as he might think proper. (Demosth. Timoth.l'iOZ; 
 compare Arist. Rlict. i. 16.) In all cases where 
 any of these investigations or depositions were 
 made before the diaetetae, we may conclude with 
 Hudtwalcker (p. 48), that they might be called as 
 witnesses in subsequent stages of the action, either 
 to state the evidence they had taken, or to pro- 
 duce the documents they had examined, and which 
 were deposited by them in an echinus. [Appel- 
 LATio (Greek).J 
 
AIAITHTAI'. 
 
 AIAITHTAI'. 
 
 331 
 
 We will now epeak of the proceedings in the 
 Ik (-.trials before the public arbitrators ; these were of 
 I 'two sorts, 1st, When two parties agreed by a re- 
 ; i^ilar contract to refer a matter in dispute to a 
 ; . judge or judges seleded from them. 2dly, When 
 - ja cause was brought before a public arbitrator, 
 r without any such previous compromise, and in the 
 J . regular course of law. The chief difference seems 
 . I to have been that, in case of a reference by con- 
 } . tract between two parties, the award was final, 
 s : and no appeal could be brought before another 
 court, though the unsuccessful party might, in 
 . some instances, move for a new trial (t^iv fii) ovffav 
 ■ avTiKaxf^v, Demosth. e. Meiil. 541 ). Except in this 
 point, of non-appeal, an arbitrator who was select- 
 ed from the public SiaiTTjrai by litigant parties, 
 ^i cms to have been subject to the same liabilities, 
 and to have stood in the same relation to those 
 parties as an arbitrator appointed by lot : the 
 course of proceeding also appears to have been the 
 same before both (Demosth. c. Mekl. 541), an 
 ' account of which is given below. It must, how- 
 ever, be first stated, that there are strong reasons in 
 support of Hudtwalcker's opinion, that whenever 
 a suitor wished to bring an action before one or more 
 of the public diaetetae, he applied to one of the 
 many officers called eiVaYwycis ( Demosth. ciap/-i<. 
 !)40. 5; Id. c. Pantaen. 976. 10 ; Pollux, viii. 93), 
 whose duty it was to bring the cause (^^laay^iv) 
 into a proper court. By some such officer, at any 
 rate, a requisite number of arbitrators was allotted 
 to the complainant, care being taken that they 
 were of the same tribe as the defendant. (Harpocr. 
 s.v. AioiTrjTai'.) Pollux (viii. 126) informs us that if 
 a SiaiTrjTjjf refused to hear a cause, he might be 
 punished with ariixia : but it appears that under 
 extraordinary circumstances, and after hearing the 
 case, a diaetetes sometimes refused to decide him- 
 self, and referred the parties to a court of justice 
 {oiK dniyvu Trjs SiKrjs, dW' icprjKeu ^'/xas els to 
 SiKacTT-Zipiov, Demosth. c.Phorm. 913 ; Wachsmuth, 
 ii. § 100). 
 
 We may now state the process before the public 
 diaetetae. After complaint made, and pajTnent of 
 the irapdcTTaais, the plaintiff supported his aver- 
 ment by an oath, to the effect that his accusation 
 was true, which the defendant met by a like oath 
 as to the matter of his defence. When the oath 
 (dvraixoaia) had been thus taken by the parties, 
 the arbitrators entered upon the inquirj-, heard 
 witnesses, examined documents, and held as many 
 conferences (cucoSoi), with the parties, as might 
 be necessary for the settlement of the question. 
 (See authorities Hudt. p. 80.) The day of 
 pronouncing judgment (17 oirotfiaffir t^s Si'kjjs, 
 Demosth. c. Ei-crg. 1153) was probably fixed by 
 law, if we may judge from the name (?) Kvpla scil. 
 •njiipa) by which it is called in the orators ; it 
 might, however, with consent of both parties, be 
 postponed. The verdict given was countersigned 
 by the proper authorities, perhaps by the elaayw- 
 yw, and thereby acquired its validity. The 
 archons, mentioned by Demosthenes (c. Meid. 
 542), as having signed a judgment, were pro- 
 bably thesmothetae, as the action was a Si'kt) ko/ctj- 
 yoptas, which is, moreover, called an drlnriTos 
 S(Ka fiv£v SiKrj, i. e. an action where the plaintiff 
 was not required to assess the damages {aestimare 
 litem)., the penalty, in case of a verdict for him, 
 being detennined by law : this alone is sufficient 
 to prove that the diaetetae sometimes decided in 
 
 cases where the plaintiff sued for damages, as dis- 
 tinguished from those in which he sought restitu- 
 tion of rights or property ; nor, indeed, does there 
 seem any reason for supposing that their jurisdic- 
 tion was not extended to the &yti>ves n/i-qTo'i, or 
 actions where the plaintiff was required to assess or 
 lay his damages, provided the assessment did not 
 exceed some fixed amount. In support of this 
 opinion we may adduce the authority of Poilux 
 (viii. 127), who expressly states that the plaintiff 
 might assess his damages before the arbitrators, 
 when the law did not do so for him (eveypa'pev ev 
 Tif ypanixaTi'iiii to eyKKritia. koI to Tijxrtfxa). 
 
 If the defendant were not present on the proper 
 day to make his last defence, judgment went 
 against him by default [ip-/iiiriv S(j>\e), the 
 arbitrator being obliged to wait till the even- 
 ing (oife Tiu^pas, Demosth. c. Mcid. 541; Id. c. 
 Timoth. 1190). Sometimes, however, the time of 
 pronouncing sentence was deferred in consequence 
 of a deposition (uTrw/tiocTio, Pollux, viii. 60 ; Har- 
 pocr. s. V. ) alleging a satisfactory cause for post- 
 ponement, such as sickness, absence from town, 
 military service, or other reasons. To substantiate 
 these, the applicant, when possible, appeared per- 
 sonally ; but if a party was prevented from ap- 
 pearing on the day of trial, by any unexpected event, 
 the vTTwixoff'ia might be made on oath by authorised 
 friends. (Demosth. c. Ohjmp. 1174.4 ; Pollux, viii. 
 56.) The CiruiiJ.oar'ia might be met by a counter- 
 statement {dv6viraifio(ria) from the opposite party 
 affirming his belief that the reasons alleged were 
 fictitious or colourable. In connection with this 
 point, we may observe that, according to Pollux 
 (viii. CO), the motion for a new trial could only be 
 sustained in cases where the applicant had made 
 a virufioiria, and demurred either personally or by 
 proxy against the passing of judgment on the 
 regular day. Moreover, it was incumbent on the 
 party who wished for a new trial to move for 
 it within ten days after judgment had been pro- 
 nounced, and even then he was obliged to take a 
 kind of vTTwixoTla, to the effect that his absence 
 on the proper day was involuntary (oixSiras 
 fiTj eKwv eKMireiv T-fiv Siairav, Pollux, viii. 60). 
 In default of compliance with these conditions, the 
 previous sentence was confirmed. (Demosth. c. 
 Meid. 642.) We are told also by Photius 
 (Xer. s. V. fJ-ri ovaa Si'/crj), that it was compe- 
 tent for plaintiff as well as defendant to move 
 for a new trial on the grounds we have men- 
 tioned. When it was granted, the former verdict 
 was set aside (^ ff^A"! cAueto), and the parties 
 went again before an arbitrator, probably through 
 the instrumentality of the elaayuytis, to whom 
 application had been made in the first instance. The 
 process itself is called dvTiAnt^is in Greek, and does 
 not seem to have been confined to trials before the 
 5iaiT7)Toi' : the corresponding term in Roman law 
 is rcstauratio eremodicii. 
 
 This, however, was not the only means of set- 
 ting aside a judgment, inasmuch as it might also be 
 effected by an ecpecru, or appeal to the higher 
 courts [Appellatio (Greek)], and if false evi- 
 dence had been tendered, by a Si'ktj KaKorexviuv 
 (Harpocr. s. v.; Demosth. c. Timoth. 1201. 5). For 
 an account of the proceedings consequent upon 
 non-compliance with a final judgment, see 
 'ENE'XTPA and 'EEOrAHS AI'KH. 
 
 We will now speak of the strictly private arbi- 
 trators, chosen by mutual agreement between con- 
 
332 AIAMAPTTPI'A. 
 
 tending parties, and therefore generally distinguish- 
 ed by the title a'lptTul, of whom it must be under- 
 stood that they were not selected from the Siairrirai 
 of the tribes. The powers with which they were 
 invested, were, as we might suppose, not always 
 the same ; sometimes they were merely SmAAaKxai', 
 or chosen to effect a compromise or reconciliation : 
 thus Isaeus (De Dkueoi/. Ilftvil. p. 54. ed. Bekk.) 
 speaks of arbitrators oifering either to bring about 
 a reconciliation if they could, without taking an 
 oath, or to make an award (a?ro^oiVe(r6ai)upon oath. 
 Sometimes, on the other hand, they were purely 
 referees, and then their powers depended upon tlie 
 terms of the agreement of reference ; if these powers 
 were limited, the arbitration was a St'oira eirl 
 fniTois (Isocr. e. Call. 373. ed. Bekk.). The agree- 
 ment was not merely a verbal contract (siipulaiio), 
 but drawn up in writing (iiriTpo-Kr) Kara crvvBijKas, 
 Deraosth. c. P/ior. 912), and signed by the parties ; 
 it fixed the number of referees (generally three), 
 detemined how many unanimous votes were ne- 
 cessar}' for a valid decision, and probably reserved 
 or prohibited, as the case might be, a right of ap- 
 peal to other authorities. (Isocr. c. Call. 375. ed. 
 Bekk. ; Uemosth. c. Apat. 897.) 
 
 If there were no limitations, these SiaiTTjrai' 
 were then, so to speak, arbitrators proper, accord- 
 ing to the definition of Festus (p. 15. ed. Mul- 
 ler): — " Arbiter dicitur judex, quod totius rei 
 habeat arbitrium et potestatcm." Moreover, no 
 appeal could be brought against their judgment 
 (Deraosth. c. Meiil. 545) ; though we read of 
 an instance of a part}' having persuaded his op- 
 ponent to leave a matter to the arbitration 
 of three persons ; and afterwards, when he 
 found they were likely to decide against himself, 
 going before one of the public arbitrators ('EttI 
 Toc KXripwTov SiaiTrjTrjv 4\dwv, Demosth. c. Aplieli. 
 8G2). We should, however, suppose tliat in this 
 case there was no written avvQriKi]. The award 
 was frequently given under the sanction of an 
 oath, and had the same force as the judgment 
 which proceeded from a court of law, so that it 
 might be followed by a Si'xrj 6|ouA.7)s. (Demosth. 
 c. Cullip. 1240. 22.) We may add, that these pri- 
 vate SiaiTr]Tal are spoken of as sitting iv ra 
 lepf, if Ttt) 'H</)ai(TT€i'iio, and that in some cases it 
 was customary to give notice of their appointment 
 to the proper archon or magistrate {d.Tro<pipew irpos 
 Trjv apxTj"), who, as Iludtwalcker suggests, may 
 have acted as an €i(ro7£<)7eus in the case. (De- 
 mosth. c. CaUip. 1244. 14; Id. c. Meid. 542. 
 14.) [R. W— N.] 
 
 AIAMAPTTPI'A was a solemn protest against 
 proceedings at the anacrisis, in nearly all causes 
 whether public or private. It purported that the 
 action pending could or could not be brought into 
 court, and operated as a hinderance to its further 
 progress until this question was decided. The 
 protest was, like all the other proceedings at an 
 anacrisis, put in, in writing, together with the evi- 
 dence requisite for its corroboration, and the ques- 
 tion raised by it was decided by the tribunal that 
 had cognizance of the original cause. The onXy 
 peculiarity in the conduct of the trial seems to have 
 been, that the party against whom the protest 
 was made, was tlie first to address the court. Ac- 
 cording to Harpocration, the plaintift" was entitled 
 to adopt this method of ])roceeding first, and the 
 protest was only allowed to the defendant upon 
 his antagonist's omitting to do so ; but besides the 
 
 A1A*ANH" "EIMATA. ^ 
 
 two original parties, we are told that a third ^o' 
 fioti\6n€vos) might interpose by protest, and thus 
 pro tempore substitute himself for one of the hti- 
 gnnts. It seems probable that the epobelia or 
 sixth part of the damages estimated in the original 
 cause was forfeited in some diamarturiae (Platner, 
 i. 180; Demosth. c. Leoch. 1098. 12), when the 
 protester failed in obtaining a fifth of the voices of 
 the dicasts ; and in others, a deposit (irapaKraTogoAij, 
 Meier, Ati. Process, 640) was forfeited by the un- 
 successful party to his opponent. (I'latner, i. 1G3 ; 
 Meier, Aft. Process, 638.) [J. S. M.] 
 
 AIAMA2Trrn2I2 was a solemnity perfonned 
 at Sparta at the festival of Artemis Orthia, whose 
 temple was called Limnaeon, from its situation in 
 a marshy part of the town. (Paus. iii. 16. § fi.) 
 The solemnity was this: — Spartan youths (i<f>7i@oi) 
 were scourged on the occasion at the altar of Artemis, 
 by persons appointed for the purpose, until their 
 blood gushed forth and covered the altar. The 
 scourging itself was preceded by a preparation, by 
 which those who intended to undergo the diamasti- 
 gosis tried to harden themselves against its pains. 
 Pausanias describes the origin of the worship of 
 Artemis Orthia, and of the diamastigosis, in the 
 following manner: — A wooden statue of Artemis, 
 which Orestes had brought from Tauris, was found 
 in a bush by Astrabacus and Alopecus, the sons of 
 Irbus. The two men were immediately struck 
 mad at the sight of it. The Limnaeans and the 
 inhabitants of other neighbouring places then offer- 
 ed sacrifices to the goddess ; but a quarrel ensued 
 among them, in which several individuals were 
 killed at tlie altar of Artemis, who now demanded 
 atonement for the pollution of her sanctuary. From 
 henceforth human victims were selected by lot and 
 offered to Artemis, until Lycurgus introduced the 
 scourging of young men at her altar as a substitute 
 for human sacrifices. 
 
 The diamastigosis, according to this account, was 
 a substitute for human sacrifice, .and Lj-curgus 
 made it also serve his pui'poscs of education, in so 
 far as he made it a part of the system of harden- 
 ing the Spartan youths against Ijodily sufferings. 
 (Plut. Li/c. 18 ; histit. Laced, p. 254 ; Cic. Tmcul. 
 V. 27.) According to another far less probable ac- 
 count, the diamastigosis originated in a circum- 
 stance, recorded by Plutarch ^Arisiid. 17), which 
 happened before the battle of Plataeae. 
 
 The worship of Artemis Orthia was unquestion- 
 ably very ancient, and the diamastigosis only a step 
 from barbarism towards civilisation. Many anec- 
 dotes are related of the courage and intrepidity 
 with which young Spartans bore the lashes of the 
 scourge ; some even died without uttering a 
 murmur at their sufi'erings, for to die under the 
 strokes was considered as honourable a death as 
 that on the field of battle. (Compare M'liller's Dor. 
 ii. 9. ^ 6. note k, and iv. 5. § 8., note. c. ; Manso, 
 Spaiia, i. 2. p. 183.) [L. S.] 
 
 AIANOMAI', or AIAAO'2EI2, were public 
 donations to the Athenian people, which corre- 
 sponded to the Roman congiuria. [CoNGiARiUM.] 
 To these belong the free distributions of com 
 (Aristoph. Tcsp. 715), the eleruchiae [KAHPOT"- 
 XOI], the revenues from the mines, and the 
 money of the theorica. [Thboricon.] (Bcickh, 
 Puhl. Fawi. i. p. 289.) 
 
 AIA<i>ANH" "EIMATA were garments simi- 
 lar to the celebrated Coae vcstcs of the Romans ; 
 but as they are mentioned in Aristophanes and 
 
AIATH'*I2I2. 
 
 AIKA2TH'PI0N. 
 
 333 
 
 the earlier Greek writers (^5ia<pavfi x'''"'""'^''? 
 Aristoph. Lysidr. 48 ; Ifmna hia<paivovTa, Philem. 
 Fruyia. p. 3i!7. cd. Mein.), they were probaljly 
 made of muslin and not of silk, which is supposed 
 to be the material of which the Coac vestos were 
 made. [Co A Vkstis.] ( Becker, C/i(!n7,fes,ii. p. 341.) 
 
 AIAH'H'^'ISIS, a political institution at Athens, 
 the oliject of which was to prevent aliens, or such 
 as were the oft'spriiig of an unlawful marriage, from 
 assuming the rights of citizens. As usurpations of 
 this kind were not uncommon at Athens (Plut. 
 Perid. 37 ; Ilarpocr. s. v., UoTUfnos), various mea- 
 sures had been adopted against them [rPA*Al' 
 EENI'A5 and AnPOHENl'AS] ; but as none of 
 them had the desired effect, a new method, the 
 Siai|/)74<i(nj was devised, according to which the 
 trial on spurious citizens was to be held by the 
 demotae, within whose dome intruders were sus- 
 pected to exist ; for if each deme separately was 
 kept clear of intruders, the whole body of citizens 
 would naturally feel the benefit. Every dome 
 therefore obtained the right or duty at cerfciin 
 times to revise its lexiarchic registers, and to ascer- 
 tain whether any had entered their names who had 
 no claims to the rights of citizens. The assembly 
 of the demotae, in which these investigations took 
 place, was held under the presidency of the de- 
 march, or some senator belonging to the deme 
 (Harpocr. s. v., Aij.uapxos) ; for in the case brought 
 forward in the oration of Demosthenes against 
 Eubulides, we do not find that he was demarch, 
 but it is merely stated that he was a member of 
 the &ov\rj. When the demotae were assembled, 
 an oath was administered to them, in which they 
 promised to judge impartiallj', without favour to- 
 wards, or enmity against, those persons on whom 
 they might liave to pass sentence. The president 
 then read the names of the demotae from the re- 
 gister, asking the opinion of the assembly (Sia^rj- 
 <pl^ea6ai) respecting each individual, whether they 
 thought him a true and legitimate citizen or not. 
 Any one then had the right to say what he 
 thought or knew of the person in question ; and 
 when any one was impeached, a regular trial took 
 place. (Demosth. c. Euhid. p. 1302; Aeschin. Dc 
 Fals. Ley. p. 345.) Pollux (viii. 18) says that the 
 demotae on this occasion gave their votes with 
 leaves and not with pebbles as was usual, but De- 
 mosthenes simply calls them \\/rjcpoi. If a person 
 was found guilty of having usurped the rights of a 
 citizen (dTvo\f/r](p'i^eiT8ai), his name was struck from 
 the lexiarchic register, and he himself was degrad- 
 ed to the rank of an alien. But if he did not ac- 
 quiesce in the verdict, but appealed to the great 
 courts of justice at Athens, a heavier punishment 
 awaited him, if he was found guilty there also ; for 
 he was then sold as a slave, and his property was 
 confiscated by the state. (Dionys. Hal. dc Isaeo, 
 c. l(i. p. 617. ed. Reiske; Aryumcnt. ad Dcmusth. 
 c. EiM.) 
 
 If by any accident the lexiarchic registers had 
 been lost or destroyed, a careful scrutiny of the 
 same nature as that described above, and likewise 
 called 5io>|(7ji|)i(ris, took place, in order to prevent 
 any spurious citizen from having his name entered 
 in the new registers. (Demosth. /. c. p. 1306.) 
 
 It is commonly believed that the S<ai|/7j(|)i(rij was 
 introduced at Athens in B. c. 419, by one Dcmo- 
 philus. (Schiimann, De Coiniiiis, p. 358. transl. ; 
 Wachsmuth, Hdlcn. A/trrt/i. ii. 1. p. 32.) But it has 
 justly been remarked by Siebclis on Philochorus 
 
 (Fraym. p. CI), that Harpocration (s. i: Aioi)/?}- 
 (pKjis), the apparent authority for this supposition, 
 cannot be intei'preted in this sense. One 5io;|/t{- 
 (piais is mentioned by Plutarch (Pt'iic/. 37) as 
 early as B. c. 445. Clinton {F. IF. ii. p. 141) has, 
 moreover, shown that the Sia\fr)(pi(ri5 mentioned by 
 Harpocration, in the archonship of Archias, does 
 not belong to B. c. 419, but to B. c. 347. Compare 
 Hermann, Manual of the Pol. Ant. of Greece, 
 § 1"23. n. 14. &c. ; and Schiimann, I. c, whose length- 
 ened account, however, should be read with great 
 care, as he makes some statements which seem to 
 be irreconcilable with each other, and not founded 
 on good authority. The source from which we 
 derive most infonnation on this subject is the ora- 
 tion of Demosthenes against Eubulides. [L. S.] 
 
 AIA'2IA, a great festival celebrated at Athens, 
 without the walls of the city (i(,iD rrjs Tro'Aews), 
 in honour of Zeus, surnamed MeiAi'xios (Thucyd, 
 i. 1 26). The whole people took part in it, and the 
 wealthier citizens offered victims (hftiia), while 
 the poorer classes burnt such incense as their 
 country funiishod (&U|UaTo eVixalpia), whicli the 
 scholiast on Thucydides eiToneously explains as 
 cakes in the shape of animals. (Compare Xen. 
 Anab. vii. 8. § 4 ; Lucian, Tim. 7 ; Aristoph. 
 i\nli. 402, &c.) The diasia took place in the ktter 
 half of the month of Anthesterion (Schol. ad 
 Aristoph. I. c.) with feasting and rejoicings, and 
 was, like most other festivals, accompanied by a fair. 
 (Aristoph. Nuh. 841.) It was this festival at which 
 Cylon was enjoined by an oracle to take possession 
 of the acropolis of Athens ; but he mistook the 
 oracle, and made the attempt during the celebra- 
 tion of the Olympian games. Compare Pollux, i. 
 26 ; Suidas s. The etj-mology of Sid.<na, given 
 by most of the ancient grammarians (from Aios 
 and airij) is false, the name is a mere derivative 
 from Sios, as 'ATroAAwVia from 'hirShKwv. [L. S.] 
 
 AI'ATAOS. [Stadium.] 
 
 AIA'ZnMA. [SuBLKiACULUM.] 
 
 AIKA2TH'PION indicates both the aggregate 
 judges that sat in court, and the place itself in 
 which they held their sittings. For an account of 
 the foi-mer, the reader is referred to the article 
 AIKASTH'S : with respect to the latter, om- in- 
 fonnation is very imperfect. In the eariier ages 
 there were five celebrated places at Athens set 
 apart for the sittings of the judges, who had cog- 
 nizance of the graver causes in which the loss of 
 human life was avenged or expiated, viz. the areio- 
 pagites and the ephetae. These places were the 
 Areiopagus [Areiopagus], and the M riaWaS'ia.', 
 iirl A€\<piv'i(f, IttI npuraceiw, and ec 4'peaTTOi. 
 The antiquity of these four last is sufficiently 
 vouched for by the archaic character of the divi- 
 sion of the causes that were appropriated to each : 
 in the first we are told that accidental deaths were 
 discussed ; in the second homicides confessed, but 
 justified ; in the third there were quasi trials of 
 inanimate things, which, by falling and tlie like, 
 had occasioned a loss of human life ; in the fourth 
 homicides who had returned from exile, and com- 
 mitted a fresh manslaughter, were appointed to be 
 tried. With respect to these ancient institutions, 
 of which little more than the name remained when 
 the historical age commenced, it will be sufficient 
 to observe that, in accordance with the ancient 
 Greek feeling respecting murder, viz., that it par- 
 took more of the nature of a ceremonial pollution 
 than a political offence, the presiding judge was in- 
 
334 
 
 AIKASTH'S. 
 
 AIKA2TH'2. 
 
 variably the king aichon, the Athenian rex Baero- 
 rum ; and' that the places in which the trials were 
 held were open to the sky, to avoid the contami- 
 nation which the judges might incur by being 
 under the same roof with a murderer. (Matthiae, 
 De Jud. Ath. 1 57.) The places, however, remain- 
 ed after the office of the judges who originally 
 sat there, was abolished ; and they appear fi'om 
 Demosthenes {c. Neacr. 1348.21) to have been 
 occasionally used by the ordinary Heliastic judges 
 when trying a cause of the kind to which they 
 were originally appropriated. The most important 
 court iii later ages was the Heliaea, in which, we 
 are told by the grammarians, the weightiest 
 causes were decided; and if so, we may conclude 
 the thesmothetae were the presiding magistrates. 
 Besides this, ordinary Heliastic courts sate in the 
 Odeium, in the courts Trigonon, the Greater 
 {Mfi^ov), the Middle (Mfcroj'), the Green, the 
 Red, that of Metiochus, and the Parabyston ; but 
 of these we are unable to fix the localities, or to 
 what magistrates it was usual to apportion them. 
 They were all painted with their distinctive 
 colours ; and, it appears, had a letter of the alphabet 
 inscribed over the doorway. With the exception 
 of the HeUaea, and those in which causes of mur- 
 der were tried, they were probably protected from 
 the weather. The dicasts sat upon wooden 
 benches, which were covered with rugs or matting 
 i^^iaQia), and there were elevations or tribunes 
 (/377/aaTa), upon which the antagonist advocates 
 stood during their address to the court. The space 
 occupied by the persons engaged in the trial was 
 protected by a railing (Spuc/iaKTois) from the intru- 
 sion of the bystanders; but in causes which bore 
 upon the violation of the mysteries, a further space 
 of fifty feet all round was enclosed by a rope, and 
 the security of this ban-ier guaranteed by the pre- 
 sence of the public slaves. (Meier, Att. Proc. p. 
 141.) [J. S. M.] 
 
 AIKASTH'S, in its broadest acceptation a judge, 
 more peculiarly denotes the Attic functionary of 
 the democratic period, who, with his colleagues, 
 was constitutionally empowered to try and pass 
 judgment upon cdl causes and questions that the 
 laws and customs of his country pronounced sus- 
 ceptible of judicial investigation. In the circum- 
 stance of a plurality of persons being selected from 
 the mass of private citizens, and associated tempo- 
 rarily as representatives of the whole body of the 
 people, adjudicating between its individual mem- 
 bers, and of such delegates swearing an oath that 
 they would well and truly discharge the duties en- 
 trusted to them, there appears some resemblance 
 between the constitution of the Attic dikasterion 
 and an English jury, but in nearly all other respects 
 the distinctions between them are as great as the in- 
 tervals of space and time which separate their several 
 nations. At Athens the conditions of his eligibi- 
 lity were, that the dicast should be a free citizen, 
 in the enjoyment of his full franchise (eiriTi/ii'a), 
 and not less than thirty years of age, and of per- 
 sons so qualified six thousand were selected by lot 
 for the service of every year. Of the precise 
 method of their appointment our notices are some- 
 what obscure : but we may gather from them that 
 it took place every year under the conduct of the 
 nine archons and their official scribe ; that each of 
 these ten personages drew by lot the names of six 
 hundred persons of the tribe assigned to him; that 
 the whole number so selected was again divided 
 
 by lot into ten sections of 500 each, together with 
 a supernumerary one, consisting of a thousand per- 
 sons, from among whom the occasional deficiencies 
 in the sections of 500 might be supplied. To each 
 of the ten sections one of the ten first letters of the 
 alphabet was appropriated as a distinguishing mark, 
 and a small tablet (Trii/a/cioy), inscribed with the 
 letter of the section and the name of the individual, 
 was delivered as a certificate of his appointment to 
 each dicast. Three bronze plates found in the 
 Piraeus, and described by Dodwell (Traveb, i. 
 p. 433 — 437), are supposed to have served this 
 purpose ; the inscriptions upon them consist of 
 the following letters : — A. AIOAHPOS *PEA, E. 
 AEINIA2 AAAIET2, and B. ANTIXAPM02 
 AAMIT, and bear besides representations of owls 
 and Gorgon heads, and other devices symbolic of 
 the Attic people. The thousand supernumeraries 
 had in all probability some dift'erent token, but of 
 this we have no certain knowledge. 
 
 Before proceeding to the exercise of his func- 
 tions the dicast was obliged to swear the official 
 oath ; which was done in the earlier ages at a place 
 called Ardettus, without the city, on the banks of 
 the Ilissus, but in after times at some other spot, 
 of which we are not informed. In the time of 
 Demosthenes the oath (which is given at full 
 length in Demosth. c. Tiinoc. 746) asserted the 
 qualification of the dicast, and a solemn engage- 
 ment by him to discharge his office faithfully and 
 incorruptibly in general, as well as in certain spe- 
 cified cases which bore reference to the appoint- 
 ment of magistrates, a matter in no smaU degree 
 under the control of the dicast, inasmuch as few 
 could enter upon any office without having had 
 their election submitted to a court for its approba- 
 tion [AOKIMA2I'A] ; and besides these, it con- 
 tained a general promise to support the existing 
 constitution, which the dicast would of course be 
 peculiarly enabled to do, when persons were ac- 
 cused before him of attempting its subversion. 
 This oath being taken, and the divisions made as 
 above mentioned, it remained to assign the courts 
 to the several sections of dicasts in which they 
 were to sit. This was not like the first, an appoint- 
 ment intended to last during the year, but took 
 place under the conduct of the thesmothetae, de 
 novo, every time that it was necessary to impanel 
 a number of dicasts. In ordinary cases, when one, 
 two, or more sections of 500 made up the comple- 
 ment of judges appropriated to trying the particu- 
 lar kind of cause in hand, the process was ex- 
 tremely simple. Two urns or caskets (Kktipw- 
 rripia) were produced, one containing tickets in- 
 scribed with the distinctive letters of the sections; 
 the other furnished, in like manner, with similar 
 tickets to indicate the courts in which the sittings 
 were to be held. If the cause was to be tried by 
 a single section, a ticket would be dra^vn simulta- 
 neously from each urn, and the result announced, 
 that section B, for instance, was to sit in court r ; 
 if a thousand dicasts were requisite, two tablets 
 would, in like manner, be drawn from the urn that 
 represented the sections, while one was dra™ 
 from the other as above mentioned, and the an- 
 nouncement might run that sections A and B were 
 to sit in court r, and the like. A more compli- 
 cated system must have been adopted when frac- 
 tional parts of the section sat by themselves, or 
 were added to other whole sections: but what this 
 might have been we can only conjecture, and it is 
 
B AIKH. 
 
 |{ obvious that some other process of selection must 
 
 I'have prevailed upon all those occasions when 
 judges of a peculiar ([ualification were required ; as, 
 for instance, in the trial of violators of the mys- 
 
 'teries, when the initiated only were allowed to 
 judge ; and in that of military offenders who were 
 
 I left to the justice of those only whose comrades 
 they were, or should have been at the time whenthe 
 offence was alleged to have been committed. It 
 is pretty clear that the allotment of the dicasts to 
 their several courts for the day, took place in the 
 manner above-mentioned, in the market-place, and 
 that it was conducted in all cases, except one, by 
 the thesraothetae ; in that one, which was when 
 the magistrates and public officers rendered an ac- 
 count of their conduct at the expiration of their term 
 of office, and defended themselves against aU charges 
 of malversation in it ['ETQT'NAI], the logistae 
 were the officiating personages. As soon as the allot- 
 ment had taken place, each dicast received a staff, 
 on which was painted the letter and the colour of 
 
 I the court awarded him, which might serve both as 
 a ticket to procure admittance, and also to dis- 
 tinguish him from any loiterer that might endea- 
 vour clandestinely to obtain a sitting after business 
 had begun. While in court, and probably from 
 the hand of the presiding magistrate (yiyefitDv 
 StKa(TTr}pwv), he received the token or ticket that 
 entitled him to receive his fee (SiKaffTiKov) from 
 the KwKaKgerai. This pajonent is said to have 
 been first instituted by Pericles, and was originally 
 a single obolus ; it was increased by Cleon to thrice 
 that amount about the 88th Olymp. (Meier, Att. 
 Proc. 125, &c.) [J. S. M.] 
 
 AIKASTIKO'N. [AIKASTH'S.] 
 AI KH signifies generally any proceedings at law 
 by one party directly or mediately against others. 
 (Harpocrat. Pollux, viii. 40, 41.) The object of 
 all such actions is to protect the body politic, or 
 one or more of its individual members, from injury 
 and aggression ; a distinction which has in most 
 countries suggested the division of all causes into 
 two great classes, the public and the private, and 
 assigned to each its peculiar form and treatment. 
 At Athens the first of these was implied by the 
 terms public Si'icai, or ayaives, or still more pecu- 
 liarly by ypa(pal : causes of the other class were 
 termed private 5i'/fai or a7c3i'6s, or simply Si/coi in 
 its limited sense. There is a still further sub- 
 division of ypa<pal into StJiUOitioi and '/5iai, of which 
 the former is somewhat analogous to impeachments 
 for offences directly against the state ; the latter, 
 to criminal prosecutions, in which the state appears 
 as a party mediately injured in the violence or 
 other wrong done to individual citizens. It will 
 be observed that cases frequently arise, which, 
 with reference to the wrong complained of, may 
 with equal propriety be brought before a court in 
 the form of the ypacpin last mentioned, or in that of 
 an ordinary S'ikt), and under these circumstances 
 the laws of Athens gave the prosecutor an ample 
 choice of methods to vindicate his rights by private 
 or public proceedings (Demosth. c. Andoc. 601), 
 much in the same way as a plaintiff in modern 
 times may, for the same offence, prefer an indict- 
 ment for assault, or bring his civil action for tres- 
 pass on the person. It will be necessary to men- 
 tion some of the principal distinctions in the 
 treatment of causes of the two great classes above 
 mentioned, before proceeding to discuss the foims 
 and treatment of the private lawsuit. 
 
 Al'KH. 335 
 
 In a hiK-q, only the person whose rights were 
 alleged to be affected, or the legal protector(/ci{pios) 
 of such person, if a minor or otherwise incapable 
 of appearing siio jure, was permitted to institute 
 an action as plaintiff ; in public causes, with the 
 exception of some few in which the person injured 
 or his family were peculiarly bound and interested 
 to act, any free citizen, and sometimes, when the 
 state was directly attacked, almost any alien, was 
 empowered to do so. In all private causes, except 
 those of €|ou\r)j, /Siai'aic, and e^oipeffeu?, the 
 penalty or other subject of contention was ex- 
 clusively recovered by the plaintiff, while in most 
 others the state alone, or jointly with the prose- 
 cutor, profited by the pecuniary punishment of the 
 offender. The court fees, called prytaneia, were 
 paid in private but not in public causes, and a 
 public prosecutor that compromised the action with 
 the defendant was in most cases punished by a 
 fine of a thousand drachmae and a modified dis- 
 franchisement, while there was no legal impedi- 
 ment at any period of a private lawsuit to the 
 reconciliation of the litigant parties. (Meier, Att. 
 Process, 1G3.) 
 
 The proceedings in the Si'/nj were commenced 
 by a summons to the defendant {Trp6(jKKr\(ns) 
 to appear on a certain day before the proper 
 magistrate {elaaytayivs), and there answer the 
 charges preferred against him. (Arist. NuJj. 
 1221, Av. 104G.) This summons was often served 
 by the plaintiff in person, accompanied by one 
 or two witnesses [KAHTH~PE2], whose names 
 were endorsed upon the declaration (AiJ|ts or 
 67/cATj/ua). If there were an insufficient sei-vice 
 of the summons, the lawsuit was styled airpJcr/cA.?)- 
 Tos, and dismissed by tlie magistrate. (Hesych.) 
 From the circumstance of the same officer that 
 conducted the anacrisis being also necessarily pre- 
 sent at the trial, and as there were besides dies 
 nefasti (d7ro(|)pa5€s) and festivals, during which 
 none, or only some special causes could be com- 
 menced, the power of the plaintiff in selecting his 
 time was, of course, in some degree limited ; and 
 of several causes, we know that the time for their 
 institution was particularised by law. (Aristoph. 
 Nuh. 1190.) There were also occasions upon which 
 a personal arrest of the party proceeded against 
 took the place of, or at all events was sinmltaneous 
 with, the service of the summons ; as for instance, 
 when the plaintiff doubted whether such party 
 would not leave the country to avoid answering 
 the action ; and accordingly we find that in such 
 cases (Demosth. c. Zciiotli. 890,c. Aristu</. 778) an 
 Athenian plaintiff might compel a foreigner to ac- 
 company him to the polcmarch's office, and there 
 produce bail for his appearance, or failing to do so, 
 submit to remain in custody tUl the trial. The 
 word KaTeyyvav is peculiarly used of this proceed- 
 ing. Between the service of the summons and ap- 
 pearance of the parties before the magistrate, it is 
 very probable that the law prescribed the inter- 
 vention of a period of five days. (Meier, Att. 
 Process, 580.) If both parties appeared, the pro- 
 ceedings commenced by the plaintiff' putting in his 
 declaration, and at the same time depositing his 
 share of the coui't fees (TrpvTai'e7a), the non-pay- 
 ment of which was a fatal objection to the further 
 progress of a cause. (Matth. Do Jtul. Ath. 261.) 
 These were very trifling in amount. If the sub- 
 ject of litigation was rated at less than 100 
 drachmae, nothing was paid ; if at more than 100 
 
336 
 
 AI'KH. 
 
 AI'KH. 
 
 drachmae and lesstlian 1000 drachmae, 3 drachmae 
 was a sufficient deposit, and so on in proportion. 
 If the defendant neglected or refused to make his 
 payment, it is natural to conclude that he under- 
 went the penalties consequent upon non-appear- 
 ance ; in all cases the successful party was reim- 
 bursed his prytaneia by tlie other. (Meier, Ati. 
 J^roa'ss, G13.) The TrapaKaTaSoAl^ was another 
 deposit in some cases, but paid by the plaintiff 
 only. This was not in the natiu'e nor of the 
 usual amount of the court fees, but a kind of 
 penalty, as it was forfeited by the suitor in case he 
 failed in establishing his cause. In a suit against 
 the treasury, it was fixed at a fiftli ; in tluit of a 
 claim to the property of a deceased person by an 
 alleged heir or devisee, at a tenth of the value 
 sought to be recovered. (Matth. De Jwl. Ath. 
 260.) If the action was not intended to be 
 brought before an heliastic court, but merely sul> 
 mitted to the arbitration of a diaetetes [AIAITH- 
 TAl'], a course wliich was competent to the 
 plaintiif to adopt in all private actions (Hudtw. 
 De Diaetet, 35), the drachma paid in the place of 
 the deposit above mentioned bore the name of 
 ■!raga(rTaffis. The deposits being made, it became 
 the duty of the magistrate, if no manifest objection 
 appeared on the face of the declaration, to cause it 
 to be written out on a tablet, and exposed for the 
 inspection of the pubhc on the wall or other place 
 that served as the cause list of his court. (Meier, 
 Ait. Process, 605.) 
 
 The magistrate then appointed a day for the 
 further proceedings of the anacrisis ['ANA'KPI2I2], 
 which was done by drawing lots for the priority 
 in case there was a plurality of causes instituted at 
 the same time ; and to tliis proceeding the phrase 
 Aayxa'^ff S'lKrii/, which generally denotes to bring 
 an action, is to be primai'ily attributed. If the 
 plaintiif failed to appear at the anacrisis, the suit, 
 of coMse, fell to the ground ; if the defendant 
 made default, judgment passed against him. 
 (Meier, Aft Process, 623.) Both parties, how- 
 ever, received an official summons before 
 their non-appearance was made the ground of 
 either result. An affidavit might at tliis, as well 
 as at other periods of the action, be made in behalf 
 of a person unable to attend upon the given day, 
 and this would, if allowed, have the effect of post- 
 poning furtlier proceedings (uTrw/tocia) ; it might, 
 however, be combated by a counter-affidavit to the 
 effect, that the alleged reason was unfounded or 
 otherwise insufficient {avdviroiixoaia) ; and a ques- 
 tion would arise upon this point, the decision of 
 which, when adverse to the defendant, would 
 render him liable to the penalty of contumacy. 
 (Demosth. c. Oli/mp. 1174.) The plaintiif was in 
 this case said ipi^iJ.i]v eAeTc : the defendant, lp-/iix-r)u 
 dcpXeiv, S'lKTiu being the word omitted in both 
 phrases. If the cause were primarily brought be- 
 fore an umpire (SiairrjTrjs), the anacrisis was con- 
 ducted by him ; in cases of appeal it was dispensed 
 with as unnecessary. The anacrisis began with 
 the affidavit of the plaintiff (vpouiixocria), then fol- 
 lowed the answer of the defendant [di/rufioaia or 
 duTiypa<p-^) ['ANTirPA4>H'], then the parties pro- 
 duced their respective witnesses, and reduced their 
 evidence to writing, and put in originals, or authen- 
 ticated copies, of all the records, deeds, and con- 
 tracts that might be useful in establishing their 
 case, as well as memoranda of offers and requisi- 
 tions then made by either side {irgoKXrjffeis). 
 
 The whole of the documents were then, if the 
 cause took a straight forward course {eudvoiKia), 
 enclosed on tlie last day of the anacrisis in a 
 casket (cx'i'os), which was sealed and entrusted 
 to the custody of the presiding magistrate, till it 
 was produced and opened at the trial. During the 
 interval no alteration in its contents was per- 
 mitted, and accordingly evidence that had been 
 discovered after the anacrisis was not producible 
 at the trial. (Demosth. c. Bocot. i. 999.) In some 
 causes, the trial before the dicasts was by law ap- 
 pointed to come on within a given time ; in such 
 as were not provided f )r Ijy such regulations, we 
 may suppose that it would principally depend upon 
 the leisure of the magistrate. Tlie parties, how- 
 ever, might defer the day {Kvpid) by mutual con- 
 sent. (Demosth. c. Phaeu. 1042.) Upon the court 
 being assembled, the magistrate called on the 
 cause ( Platner, Process u?td Kluc/en, i. 1 82), and the 
 plaintiff opened his case. At the commencement 
 of the speech, the proper officer (o uSwg) filled 
 the clepsydra vnt\\ water. As long as the water 
 flowed from this vessel, the orator was permitted 
 to speak ; if, however, evidence was to be read by 
 the officer of the coui't, or a law recited, the water 
 was stopped till the speaker recommenced. The 
 quantity of water, or, in other words, the length 
 of the speeches, was not by any means the same 
 in all causes : in the speech against Macartatus, 
 and elsewhere, one amphora only was deemed 
 sufficient ; eleven are mentioned in the impeach- 
 ment of Aeschines for misconduct in liis embassy. 
 In some few cases, as those of /co/fwcris, according 
 to Hai'pocration, no limit was prescribed. The 
 speeches were sometimes intennpted by the cry 
 KOTaSa — " go down," in effect, " cease speak- 
 ing" — from the dicasts, which placed the advocate 
 in a serious dilemma ; for if after this he still per- 
 sisted in his address, he could hardly fail to offend 
 those who bid him stop ; if he obeyed the order, it 
 might be found, after the votes had been taken, 
 that it had emanated from a minority of the 
 dicasts. (Aristoph. Vesp. 973.) After the speeches 
 of the advocates, which were in general two 
 on each side, and the incidental reading of the 
 documentary and other evidence, the dicasts 
 proceeded to give their judgment by ballot. 
 [KAAI'SKOI.] 
 
 When the principal point at issue was decided in 
 favour of the plaintiff, there followed in many cases 
 a further discussion as to the amount of damages, 
 or penalty, which the defendant should pay. 
 ['Arn"NE2 'ATI'MHTOI KAl" TIMHTOI'.] The 
 method of voting upon this question seems to have 
 varied, in that the dicasts used a small tablet in- 
 stead of a ballot-ball, upon which those that ap- 
 proved of the heavier penalty drew a long line, 
 the others a short one. (Aristoph. Vesp. 167.) 
 Upon judgment being given in a private suit, the 
 Athenian law left its execution very much in the 
 hands of the successful party, who was empowered 
 to seize the movables of his antagonist as a pledge 
 for the payment of the money, or institute an 
 action of ejectment {i^ovK-i)s) against the refractory 
 debtor. The judgment of a court of dicasts was 
 in general decisive (Si'/crj avTonK-Zis) ; but upon 
 certain occasions, as, for instance, when a gross 
 case of perjury or conspiracy coidd be proved by 
 the unsuccessful party to have operated to his 
 disadvantage, the cause, upon the conviction of 
 such conspirators or witnesses, might be com- 
 
DICTATOR. 
 
 menced de novo. [Appellatio (Greek).] In 
 ; addition to which, the party against whom 
 judgment had passed by default, had the power 
 ! to revive the cause, upon proving that his non- 
 !' appearance in court was inevitable {rriv ifr/itx-qv 
 dvTtXaxftv, Platner, Process und Klagen, i. 39()) ; 
 this, however, was to be exercised within two 
 months after the original judgment. If the 
 parties were willing to refer the matter to an 
 umpire (Sioitjjttj's), it was in the power of the 
 • magistrate to transfer the proceedings as they 
 stood to that officer ; and in the same way, if the 
 diaetetes considered the matter in hand too high 
 for him, he might refer it to the utrafuyevs, to be 
 brought by him Ijefore an heliastic court. The 
 ' whole of the proceedings before the diaetetes were 
 analogous to those before the dicasts, and bore 
 equally the name of Si'kjj : but it seems that the 
 ' phrase avriKax^^v Trjv firj ovaav is peculiarly ap- 
 plied to the revival of a cause before the lunpire 
 in which judgment had passed by default. [AlAI- 
 THTAI'.] [J. S. M.] 
 
 The following are the principal actions, both 
 public and private, which we read of in the Greek 
 ' writers, and which are briefly discussed under 
 their several heads : — ■ 
 I A'iKH) or rpa(f>iq — 'ASi/cfaj irpos toc Sfj^ou: 
 r 'Ayewpy'wv : ' Aryparpiov : 'A'ypd(pov iJ.eTa\\ou : 
 ; AMas : 'A\oy'iov : 'Afx€\waeo}S : 'A;a€Ai'ou : 'Aua- 
 ' yoyyijs : 'Amvfxax^ov : 'AvSpaTroSiixiJ.ov : 'Av5pa- 
 v6Sav : 'AiraTTjffcwj toO St}hov : 'Acpopixrjs : 'Atto- 
 I \el'f/fws : 'ATroirefj.\pews : ' AwoiTTa(r'wv : ' Airpoara- 
 ' alov. 'Apy'ias: 'Apyvplov: 'AcreSdas : 'AuTpareias : 
 ' AvToiJ.o\iai : AuTOTcAffs : BeSaicttrews : Bia'iuv : 
 B\ǤT/s : BovKevrreuis : KaK-qyop'tas : KaKiaa(o>s : 
 KaicoT6X''iw>' : KdpTrov : Ka-raAva^ios rov SrifjioO : 
 KaTa<TKO-irrjs : Xpeous : Xup'tov : KAoirrjs : AeKaa- 
 Hov : AeiAi'as : Awpwv : Awpo^fvias : 'E7yur)s : 
 'EvoikIov : 'EviTpiiqpapx'rilJ-aTos : 'EiriTpoTrrjs ; 'E^ct- 
 ' ytoyijs: Elaipecrewy : 'E|ouAr)s: 'ApTrayrjs : Etpy/xov: 
 'Eraip^cTfcos : 'lepocrvAlas : 'TttoSoA^s : "TSpetos : 
 AeLvofiapTvp'iov : AfmouavTiov : Aenroa'^paT'iov : 
 A€Liro7a(,iov : Micrdov : Mitrfltuffeois o^Kou : Moi- 
 X6i'os: Nofi'KTfiaTosSia<pdop5.s:OlK'ias: Tlapaicara^ri- 
 Kifs : llapavoias : Uapavop-wv : napairpea§eias : 
 Tlapfia'ypa<pfjs : ^apuoKuv : ^6vov : ^oipds d(pai'ovs 
 Kol p.(6r}p.ipivr}s : 4>8opaj t<Sv (KeiiBf pwv : Ilgoa- 
 yay'tas : llgoSoaias : Ylpo€i(T<popds : TlpoiK6s : ^6U- 
 Sfyygacpijs : H'euSo/cAijTci'as : VfvSofj.agTvot<iiv : 
 ■PijTogiKT) : iKvg'ta : SiVou : Sui'oifoi'Tios : 2u,u.§o- 
 Aai'toi/, or 'S,vv6r)Kwv TtapaSdaews : Tpaviunos e/c 
 irpovoias : TvpavviSos. 
 
 DI'CROTA. [BiREMis.] 
 DICTA'TOR. The name and office of dictator 
 are confessedly of Latin origin : thus we read of a 
 dictator at Tusculum in early, at Lanuvium in 
 very late times. {Cic. Pro Mil. Amongst the 
 
 Albans also a dictator was sometimes elected, as 
 Mettus Fuffetius on the death of their king 
 Cluilius. Nor was this magistracy confined to 
 single cities ; for we learn from a fragment of Cato, 
 that the Tusculan Egerius was dictator over the 
 whole nation of the Latins. (Niebuhr, i. p. 589.) 
 
 Amongst the Romans, a dictator was generally 
 appointed in circumstances of extraordinary danger, 
 whether from foreign enemies or domestic sedition. 
 Instances occur very frequently in the early books 
 of Livy, from whom we also learn that a dictator 
 was sometimes created for the following purposes : 
 — 1. For fixing the " clavus annalis" on the 
 temple of Jupiter, in times of pestilence or civil 
 
 DICTATOR. 337 
 
 discord. [Clavus Annalis.] 2. For holding 
 the comitia, or elections, in the absence of the 
 consuls. (Liv. viii. 23 ; ix. 7.) 3. For appointing 
 holidays {/eriariim constittwndarum causa) on the 
 appearance of prodigies {Id. vii. 28), and officiat- 
 ing at the ludi Romani, if the praetor could not 
 attend {Id. viii. 40 ; ix. 34) ; also for holding trials 
 {quacstionibiis exercendis, Id. ix. 2(5), and on one 
 occasion, for filling up vacancies in the senate {Id. 
 xxiii. 23). In this last case there were two dic- 
 tators, one abroad and another at home ; the latter, 
 however, without a magister equitum. 
 
 According to the oldest authorities, the dictator- 
 ship was instituted at Rome ten years after the 
 expulsion of the Tarquinii, and the first dictator 
 was said to have been T. Lartius, one of the con- 
 suls of the year. (Liv. ii. 18.) Another account 
 states, that the consuls of the year in which the 
 first dictator was appointed, were of the Tarquinian 
 party, and therefore distrusted. 
 
 This tradition naturallj' suggests the inference, 
 that the dictator was on this first occasion ap- 
 pointed to direct and supersede the consuls 
 {moderator ei iiiaffister consulihts a}>positus), not 
 only with a view to foreign wars, but also for the 
 purpose of summarily punishing any member of 
 the state, whether belonging to the commonalty or 
 the governing burghers, who should b(^ detected 
 in plotting for the restoration of the exiled king. 
 (Arnold, i. p. 144.) The powers with which a 
 dictator was invested, will show how far his 
 authority was adequate for such an object. 
 
 In the first place, he was formerly called magis- 
 ter popidi, or master of the burghers (V^arro, De 
 Ling. Lat. v. 82) ; and though created for six 
 months only, his power within the city was as 
 supreme and absolute as that of the consuls with- 
 out. (Liv. viii. 32.) In token of this, the fasces 
 and secures (the latter, instniments of capital 
 punishment) were carried before him even in the 
 city {Id. ii. 18). Again, no appeal against the 
 dictator was at first allowed either to the commons 
 or the burghers, although the latter had, even 
 imder the kings, enjoyed the privilege of appeal- 
 ing from them to the great council of the patricians 
 {provocare ad populum) ; a privilege, moreover, 
 which the Valerian laws had confirmed and se- 
 cured to them against any magistracy what- 
 ever. (Liv. ii. c. 8 ; Cic. De. Rep. ii. 31.) 
 This right, however, was subsequently obtained 
 by the members of the houses (Fest. Oj^t. Lex.), 
 and perhaps eventually by the plebeians ; an 
 instance of its being used is given by Livy (viii. 
 33), in the case of M. Fabius, who, when his 
 son was persecuted by the dictator L. Papirius, 
 appealed on his behalf to the " populus," the 
 patricians of the curies. Still even in this case 
 the populus had recourse to entreaties rather than 
 authority. 
 
 Moreover, no one was eligible for the dictator- 
 ship unless he had previously been consul or prae- 
 tor, for such was the old name of the consul (Liv. 
 ii. 18). Afterwards, when the powers of the old 
 praetors had been divided between the two consuls 
 who went to their provinces abroad, and the prae- 
 tors who administered justice at home, praetorians 
 as well as consulars, were qualified for the office. 
 The first plebeian dictator was C. Martius RutUus, 
 nominated {dictus) by the plebeian consul M. 
 Popillius Laenas, b. c. 356. (Liv. vii. 17 ; Arnold, 
 ii. p. 84.) 
 
338 DICTATOR. 
 
 With respect to the electors and the mode of 
 election, we are told (Fest. Opt. Leje.) that on the 
 first institution of the office, the dictator was cre- 
 ated by the populus or burghers (A/. Valerius qui 
 primus ma(/is(er a populo creatns est), just as it had 
 been the custom for the kinffs to be elected by the 
 patricians. Uionysius (v. 70) tells us that the 
 people merely ratified {(ne^ijtptaaTo) the choice of 
 the senate. But the common practice, even in 
 very early times,| was for the senate to select an 
 individual, who was nominated in the dead of 
 the night, by one of the consuls, and then received 
 the imperinm or sovereign authority from the as- 
 sembly of the curies. (Liv. ix. 38.) This ratifica- 
 tion was in early times indispensable to tlie vali- 
 dity of the election, just as it had been necessary 
 for the kings, even after their election by the 
 curies, to apply to them for investiture with the 
 imperium (Injem curiutam de imperio ferre, Cic. 
 De Rep. ii. 13. 17). 
 
 The possession of the right of conferring the 
 imperium may, as Niebuhr suggests, have led the 
 patricians to dispense with voting on the pre- 
 liminary nomination of the senate, although it is 
 not impossible that the right of ratification has 
 been confounded with the power of appointment. 
 In later times, however, and after the passing of 
 the Maenian law, the conferring of the imperium 
 was a mere fonn. Thenceforward it was only 
 necessary that the consul should consent to pro- 
 claim the person nominated by the senate. (Niebuhr, 
 i. p. 509.) 
 
 In the statement we have just made, with re- 
 spect, to the nomination by the senate, we have 
 been guided chiefly by the authority of Livy ; 
 but we must not omit to mention, that, accord- 
 ing to Dionysius, the senate only resolved on the 
 appointment of a dictator, and left the choice to 
 be made by one of the consuls. Some instances 
 mentioned in Livy certainly confirm this opinion ; 
 but they are generally, although not always, cases 
 in which a dictator was appointed for some single 
 and unimportant pui-pose (Liv. viii. 23 ; ix. 7 ; 
 Dionys. x. 23) ; nor is it likely that the disposal of 
 kingly power would have been entnisted, as a 
 matter of course, to the discretion of an individual. 
 On one of these occasions we read that the con- 
 suls in office, refused for some time to declare 
 a dictator, though required by the senate to do 
 so, till they were compelled by one of the tri- 
 bunes. (Liv. iv. 2().) There were, in fact, relieious 
 scruples against the nomination being made by any 
 other authority than the consuls (Liv. iv. 31 ; 
 xxvii. c. 5) ; and to such an extent were they 
 carried, that after the battle at the Trasimene lake, 
 the only surviving consul being from home, the 
 people elected a prodictator, and so met the emer- 
 gency. We may observe that Livy states, with 
 reference to this case, that the penj)le could not 
 create a dictator, having never up to that time ex- 
 ercised such a power {quod 7iunquam ante earn 
 diem factum crat) : we find, however, in a case 
 subsequent to this (b. c. 212), that the people did 
 ajipoiiit a dictator for holding the elections, though 
 the consul of the year protested against it, as an 
 encroachment upon his privileges ; but even then 
 the consul nominated, though he did not appoint. 
 (Liv. xxii. 8. 31.) 
 
 Dionysius (v. 73) informs us that the authority 
 of a dictator was supreme in everything (iroAeVou 
 T6 Ko! elfrqvT]s Kal iravTos dWov TrpdyfrnTos avTO- 
 
 DTCTATOR. | 
 
 KpaTwp), and that till the time of SuUa, no dictator! 
 had ever abused his power. There were, however, 
 some limitations, which we will mention. 
 
 L The period of office was only six months 
 (Liv. ix. 34), and at the end of that time a dic- 
 tator might be brought to trial for any acts of 
 tyranny committed by him while in power. (Liv. 
 vii. 4.) Many, however, resigned their authority 
 before the expiration of the six months, after com- 
 pleting the business for which they were appointed. 
 2. A dictator could not draw on the treasuiy be- 
 yond the credit granted him by the senate 
 (Niebuhr, note 124.0), nor go out of Italy (Liv. 
 Epit. xix.), nor even ride on horseback without 
 the permission of the people (/(/. xxiii. 14) ; a 
 regidation apparently capricious, but perhaps in- 
 tended to show whence his authority came. The 
 usurped powers of the dictators Sulla and Julius 
 Caesar are, of course, not to be compared Avith the 
 genuine dictatorship. After the death of the latter, 
 the office was abolished for ever by a law of 
 Antony, the consul. (Cic. Phil. i. 1.) The title, 
 indeed, was offered to Augustus, but he resolutely 
 refused it (Suet. Auf/. c. 52) in consequence of the 
 odium attached to it from the conduct of Sulla 
 when dictator ; in fact, even during the later ages 
 of tlie republic, and for one hundred and twenty 
 years previous to Sulla's dictatorship, the office 
 itself had been in abeyance, though the consuls 
 were frequently invested, in time of danger, with 
 something like a dictiitorial power, by a senatus- 
 consultum, empowering them to take measures for 
 securing the state against harm {ut darent aperam 
 ne quid respiMira detrime?iti capei-ct). 
 
 Together with the master of the burghers, or 
 the dictator, there was always appointed {dictulori 
 ndditus) a 7>iaf/istcr equ{tum,OT master of the knights. 
 In many passages of Livy, it is stated that the latter 
 was chosen by the dictator. This, however, was not 
 always the case ; at any rate, we meet with in- 
 stances where the appointment was made by the 
 senate or the plebs. (Liv. ii. 18 ; viii. 17 ; xxvii. 
 5.) He was, of course, subject, like other citi- 
 zens, to the dictator ; but his authority is said to 
 have been equally supreme, within his own juris- 
 diction, over the knights and accensi (Varro, De 
 Ling. Lat. v. 82): who the latter are it is difficult 
 to determine. (vVmold, i. p. 144.) Niebuhr (i. 
 p. 596) says of the magister cquitum, — " The 
 fimctions of this officer in the state are involved in 
 obscurity ; that he was not merely the commander 
 of the horse, and the dictator's lieutenant in the 
 field, is certain. I conjecture that he was chosen 
 by the centuries of the plebeian knights, and that 
 he was their protector : the dictator may have 
 presided at the election, and have taken the votes 
 of the twelve centuries on the person whom he 
 proposed to them. This might afterwards have 
 fallen into disuse, and he would then name his 
 colleague himself." 
 
 This conjecture, although plausible, is far from 
 being supported by the authority of Livy, who 
 speaks of both officers as being " creati," and of 
 the magister equitmn as being " additus dictatori," 
 in such a way as to justify the inference, that 
 they were both appointed by the same authority, 
 just as they were both selected from the same 
 class of men, the consulares or praetorii. 
 
 On one occasion the people made a master of the 
 horse, M. Minucius, equal in command witli the dic- 
 tator Fabius Maximus (Liv. xxii. 26). [R.W — n.] 
 
I 
 
 DIES. 
 
 DIES. 
 
 339 
 
 AIKTT'NNIA, a festival with sacrifices, cele- 
 brated at Cj'doiiia in Crete, in honour of Artemis, 
 sumamed A'lKTvvva or AiKTvvyaia, from SIktvou, a 
 hmiter's net. (Diodor. Sic. v. 76 ; compare Stral)o 
 X. p. 376. ed. Tauchnitz; Pausan. ii. 30. g 3.) 
 Particulars respecting its celebration are not known. 
 Artemis AiKrvvva was also worshipped at Sparta 
 (Pans. iii. 12. § 7), and at Ambrysus in Phocis. 
 (Paus. X. 36. § 3 ; compare the Schol. ad Arktoph. 
 . Rail. 1284 ; Vesp. 357, and Meursius, Crcia, 
 . e. 3.) [L. S.] 
 
 DIES (of the same root as 5t6s and deus, Butt- 
 
 • mann, Mf/thol. ii. p. 74). The name dies was ap- 
 plied, like our word day, to the time during which, 
 according to the notions of the ancients, the sun 
 performed his course around the earth, and this 
 time they called the civil day {dies civilis, in Greek 
 
 , vvxBriiiepov, because it included both night and 
 day. See Censorin. De Dk- Nat. 23 ; Plin. H. N. 
 , ii. 77. 79 ; Varro, De Re Rust. i. 28 ; Macrob. Sat. 
 
 1. 3). The natural day {dies naturalk), or the 
 time from the rising to the setting of the sun, was 
 likewise designated by the name dies. The civil 
 day began with the Greeks at the setting of the 
 
 ; sun, and with the Romans at midnight ; with the 
 ■ Babylonians at the rising of the sun, and with the 
 Umbrians at midday. (Macrob. I. c. ; Gellius, iii. 
 
 2. ) We have here only to consider the natural 
 I day, and as its subdivisions were different at dif- 
 1 ferent times, and not always the same among the 
 
 • Greeks as among the Romans, we shall endeavour 
 to give a brief account of the various parts into 
 which it was diWded by the Greeks at the diffe- 
 rent periods of their history, and then proceed to 
 consider its divisions among the Romans, to which 
 will be subjoined a short list of remarkable days. 
 
 At the time of the Homeric poems, the natural 
 day was divided into three parts (//. xxi. 111). 
 The first, called rjais, began with sunrise, and com- 
 prehended the whole space of time during which 
 light seemed to be increasing, i. e. till midday. (//. 
 viii. 66 ; ix. 84 ; Od. ix. 56.) Some ancient gram- 
 i marians have supposed that in some instances 
 Homer used the word tjcuj for the whole day, but 
 I Nitzsch {Anmerhmgen zur Odyssee, i. 125) has 
 , shown the incorrectness of this opinion. The 
 second part was called fiiaov rj/J-ap or midday, dur- 
 ing which the sun was thought to stand still. 
 (Hermias, ad Plat. Pliaedr. p. 342.) The third 
 part bore the name of SeiA.?; or i^UKov iiixap { Od. 
 xvii. 606 ; compare Buttmann's LcociUic). ii. n. 95), 
 which derived its name from the increased warmth 
 of the atmosphere. The last part of the SeiA?) was 
 sometimes designated by the words ttotI 'da-irepav 
 or /Soi/AuTor {Od. xvii. \9l ; //. xvi. 779). Besides 
 these three great divisions no others seem to have 
 been known at the time when the Homeric poems 
 were composed. The chief information respecting 
 the divisions of the day in the period after Homer, 
 and more especially the divisions made by the 
 Athenians, is to be derived from Pollux {Oiiom. i. 
 68). The first and last of the divisions made 
 at the time of Homer were afterwards subdivided 
 mto two parts. The earlier part of the morning 
 was temied irpcot or Trpw rijs rjjxipas : the latter, 
 irAijfloucrjjr tjjj ayopat, or ircpl -nK-fidovaav dyopav 
 (Herod, iv. 181; Xen. Memorah. i. 1. § 10, 
 Hellen. i. L § 30 ; Dion Chrysost. Orat. Ixvii). 
 The ^croc r\ixap of Homer was afterwards expres- 
 sed by fteiTTj^gpta, (aetroc ijiHepas, or jxiai) rifiepa, 
 and comprehended as before, the middle of the day, 
 
 when the sun seemed neither to rise nor to decline. 
 The two parts of tlie afternoon were called Sei'ATj 
 irpa'iT) or irpaiia, and Sd\ij ()i|/i'7j or o^pia (Herod, 
 vii. 167 ; viii. 6 ; Tluicyd. iii. 74 ; viii. 26 ; com- 
 pare Libanius, J'Jjiist. 1084). This division con- 
 tinued to be observed down to the latest period of 
 Grecian history, though another more accurate 
 division, and more adapted to the purposes of com- 
 mon life, was introduced at an early period ; for 
 Anaximander, or according to others, his disciple 
 Anaximenes, is said to have made the Greeks ac- 
 quainted with the use of the Babylonian clirono- 
 meter or sun-dial (called -ttoAos, or dpoKoyiov, 
 sometimes with the epithet <TKiod-i)piKiv or 7?Aia- 
 'vhpov) by means of which the natural day was 
 divided into twelve equal spaces of time. (Herod, 
 ii. 109; Diog. Laert. ii. I. 3; Plin. H.N. ii. 6. 
 78 ; Suidas, s. v. 'Ava^i/j-avSpos.) These spaces 
 were, of course, longer or shorter according to the 
 various seasons of the year. The name hours 
 (^poi), however, did not come into general use till 
 a very late period, and the difference between 
 natural and equinoctial liours was first observed by 
 the Alexandrine astronomers. 
 
 During the early ages of the history of Rome, 
 when artificial means of dividing time were yet 
 unknown, the natural phenomena of increasing 
 light and darkness fonned with the Romans, as 
 with the Greeks, the standard of division, as we 
 see from the vague expressions in Censorinus {De 
 Die Nat. 24). Pliny states (//. A^. vii. CO) tliat 
 in the Twelve Tables only the rising and the 
 setting of the sun were mentioned as the two 
 parts into which the day was then divided, but from 
 Censorinus {I. c.) and Gellius (xvii. 2) we learn 
 that midday {meridie.s) was also mentioned. Varro 
 {De Lint/. Lai. vi. 4, 5. ed. Miiller; and Isidor. 
 Oriff. V. 30 and 31) likewise distinguished three 
 parts of the day, viz., mane, iiieridies, and suprenm 
 scil. tempestas, after which no assembly could be 
 held in the forum. The lex Plaetoria prescribed 
 that a herald should proclaim the suprema in the 
 comitium, that the people might know that their 
 meeting was to be adjourned. But the division of 
 the day most generally observed by the Romans, 
 was that into tempus antemeriiliainim and ponieri- 
 dianum, the meridies itself being only considered 
 as a point at which the one ended and the other 
 commenced. But as it was of importance that this 
 moment should be known, an especial officer 
 [AccEN'SUs] was appointed, who proclaimed the 
 time of midday, when from the curia he saw the 
 sun standing between the rostra and the graeco- 
 stasis. The division of the day into twelve equal 
 spaces, which, here as in Greece, were shorter in 
 winter than in summer, was adopted at the time 
 when artificial means of measuring time were in- 
 troduced among the Romans fi'om Greece. This 
 was about the year b. c. 291, when L. Papirius 
 Cursor, after the war with Pyrrhus in southern 
 Italy, brought to Rome an instrument called sola- 
 rium horologium, or simply solarium. (Plaut. ap. 
 Gellium. iii. 3. § 5.) But as the solarium had been 
 made for a different meridian, it showed the time 
 at Rome very incorrectly. Scipio Nasica, there- 
 fore, erected in b. c. 159 a public clepsydra, which 
 ndicated the hours of the night as well as of the 
 day. Even after the erection of this clepsydra it 
 was customary for one of the subordinate officers 
 of the praetor to proclaim the third, sixth, and 
 ninth hours ; which shows that the day was, like 
 
 z 2 
 
340 
 
 DIES. 
 
 DILIGENTIA. 
 
 the night, divided into foiir parts, each consisting 
 of three hours. See Dissen's treatise, De Partihus 
 Nodh ei Diet ex Divisionilus Veterum, in his 
 Kleine Lateinhche und Deutsche Schriften, p. 130. 
 150. Compare the article Horologium. 
 
 All the days of the year were, according to dif- 
 ferent points of view, divided by the Romans into 
 diiferent classes. For the purpose of the admini- 
 stration of justice all days were divided into dies 
 fasti and dies nefasti. 
 
 Dies fasti were the days on which the praetor 
 was allowed to administer justice in the public 
 courts; they derived their name from fari (fari 
 tria verba ; do, dico, addico, Ovid, Fast. i. 45. &c. ; 
 Varro, De Ling. Lat. vi. 29, 30. ed. MiiUer ; Mac- 
 rob. Sat. i. 16). On some of the dies fasti comitia 
 could be held, but not on all. (Cicero, jiro Sext. 1 5, 
 with the note of Manutius.) Dies might be fasti 
 in three different ways : 1. dies fasti proprie- et toti 
 or simply dies fasti, were days on which the prae- 
 tor used to hold his courts, and could do so at all 
 hours. They were marked in the Roman calendar 
 by the letter F, and their number in the course of 
 the year was 38 (Niebuhr, Hist, of Rome, iii. p. 
 368) ; 2. dies proprie sed non toti fasti, or dies 
 iniercisi, days on which the praetor might hold his 
 courts, but not at all hours, so that sometimes one 
 half of such a day was fastus, while the other half 
 was nefastus. Their number was 65 in the year, 
 and they were marked in the calendar by the signs 
 —fastus primo, l>i]p —7iefastiis jirinw, En=ei!- 
 dotercisus = intercisus, Q. Rex C. F =: quando Hex 
 comitio fugit, or qjiando Rex comitiavit fas, 
 Q. St. Df = quando stercus dcfertur; 3. dies 
 non proprie sed casu fasti, or days which were 
 not fasti properly speaking, but became fasti ac- 
 cidentall}' ; a dies comitialis, for instance, might 
 become fastus, if either during its whole course, or 
 during a part of it, no comitia were held, so that it 
 accordingly became either a dies fastus totus, or 
 fastus ex parte. (Macrob. Sat. i. 16; Varro, De 
 Ling. Lat. I. c.) 
 
 Dies nefasti were days on which neither 
 courts of justice nor comitia were allowed to be 
 held, and which were dedicated to other purposes. 
 (Varro, I. c.) According to the ancient legends 
 they were said to have been fixed by Numa Pom- 
 pilius. (Liv. i. 19.) From the remarks made above 
 it will be understood that one part of a day might 
 be fastus while another was nefastus. (Ovid, Fast. 
 i. 50.) The nundinae which had originally been 
 dies fasti, had been made nefasti at the time when 
 the twelvemonths-year was introduced ; but in B. c. 
 286 they were again made fasti by a law of Q. 
 Hortensius. (Macrob. Sal. i. 10.) The term dies 
 nefasti, which originally had nothing to do with 
 religion, but simply indicated days on which no 
 courts were to be held, was in subsequent times 
 applied to religious days in general, as dies nefasti 
 were mostly dedicated to the worship of the gods. 
 (GeUius, iv. 9; v. 17.) 
 
 In a religious point of view all days of the year 
 were either diesfesti, or dies profesti, or dies inter- 
 cisi. According to the definition given by Macro- 
 bius, dies festi were dedicated to the gods, and 
 spent with sacrifices, repasts, games, and other 
 solemnities ; dies profesti belonged to men for the 
 administration of their private and public affairs. 
 They were either dies fasti, or comitiales, or com- 
 perendini, or stati, or proeliales. Dies intercisi 
 were common between gods and men, that is, 
 
 partly devoted to the worship of the gods, partly 
 to the transaction of ordinary business. 
 
 We have lastly to add a few remarks on some 
 of the subdivisions of the dies profesti, which are 
 likewise defined by Macrobius. Dies comitiales 
 were days on which comitia were held ; their num- 
 ber was 184 in a year. Dies comperendini wck 
 days to which any action was allowed to be trans- 
 ferred (quihus vadimonium licet dicere, Gaius, iv. 
 § 15). Dies stati were days set apart for causes 
 between Roman citizens and foreigners [quijudicii 
 causa cum peregrinis instituuntur). Dies proeliales 
 were all days on which religion did not forbid to 
 commence a war ; a list of days and festivals on 
 which it was contrary to religion to commence a 
 war is given by Macrobius. See also Festus, s. v. 
 Compare Manutius, De Veterum Dierum Ratiojie, 
 and the article Calendar (Roman). [L. S.] 
 
 DIFFAREA'TIO. [Divortium.] 
 
 DIGESTA. [Pandectae.] 
 
 Dl'GITUS. [Pes.] 
 
 AIinO'AEIA, also called AiirdAcia or AiwrfAio, 
 
 a very ancient festival, celebrated every year on 
 the acropolis of Athens in honour of Zeus, sur- 
 named XloXiw (Paus. i. 14. §4). Suidas and the 
 SchoKast on Aristophanes (Pax. 410) are mis- 
 taken in believing that the Diipolia were the same 
 festival as the Diasia. It was held on the 14th of 
 ScuTophorion. The manner in which the sacrifice 
 of an ox was offered on this occasion, and the 
 origin of the rite, are described by Porphyrins {De 
 Abstinent, ii. § 29), with whose account may he 
 compared the fragmentary descriptions of Pausa- 
 nias (i. 28 § 1 1 ) and Aelian ( F. //. viii. 3). The 
 Athenians placed barley mixed with wheat upon 
 the altar of Zeus and left it unguarded ; the ox 
 destined to be sacrificed was then allowed to go 
 and take of the seeds. One of the priests, who 
 bore the name of Pou(p6vos (whence the festival 
 was sometimes called fiov<p6via), at seeing the ox 
 eating, snatched the axe, killed the ox, and ran 
 away. The others, as if not knowing who had 
 kUled the animal, made inquiries, and at last also 
 summoned the axe, which was in the end de- 
 clared guilty of having conunitted the murder. 
 This custom is said to have arisen from the 
 following circumstance: — In the reign of Erech- 
 theus, at the celebration of the Dionysia, or, 
 according to the Scholiast on Aristophanes (Nub, 
 972), at the diipolia, an ox ate the cakes offered 
 to the god, and one Baulon or Thaulon, or, 
 according to others, the 0ov(p6vos, kiUed the 
 ox with an axe and fled from his countrj'. 
 The murderer having thus escaped, the axe was 
 declared guilty, and the rite observed at the 
 diipolia was performed in commemoration of that 
 event. (Compare Suidas and Hesych. s. r. Bov- 
 (povia.) This legend of the origin of the diipolia 
 manifestly leads us back to a time when it had not 
 yet become customary to offer animal sacrifices to 
 the gods, but merely the fruits of the earth. 
 Porphyrins also infonns us that three Athenian 
 families had their especial (probably hereditary) 
 functions to perform at this festival. Members of 
 the one drove the ox to the altar, and were thence 
 called KevTpidSai : another family, descended from 
 Baulon and called the ^ovrvirot, knocked the 
 victim down ; and a third, designated by the name 
 of SoiTpoi, killed it. (Compare Creuzer's Mt/thul. 
 und Symbol, i. p. 172; iv. p. 122, &c.) [L. S.] 
 DILIGE'NTIA. [Culpa.] 
 
DIONYSIA. 
 
 DIONYSIA. 
 
 341 
 
 ■ DIMACHAE (Si/ia'xaO were Macedonian 
 horse-soldiers, wlio also fought on foot when oc- 
 casion required. Their armour was heavier than 
 
 ' that of the ordinary horse-soldiers, and lighter 
 thau that of the regular heavy-armed foot. A 
 
 ' servant accompanied each soldier in order to take 
 
 ^ care of his horse when he alighted to fight on 
 foot. This species of troops is said to have been 
 first introduced by Alexander the Great. (PoUux, 
 i. 132; Curtius, v. 1 3.) 
 DIMINU'TIO CA'PITIS. [Caput.] 
 DIO'BOLOS. [Obolos.] 
 AIO'KAEIA, a festival celebrated by the Mega- 
 rians in honour of an ancient Athenian hero. 
 Diodes, around whose grave young men assembled 
 on the occasion, and amused themselves with gjTn- 
 
 ' nastic and other contests. We read that he who 
 gave the sweetest kiss obtained the prize, consist- 
 ing of a garland of flowers. (Theocrit. Idt/IL xii. 
 27, &c.) The Scholiast on Theocritus (I.e.) relates 
 the origin of this festival as follows : — Diodes, an 
 
 ' Athenian exile, fled to Megara, where he found a 
 youth with whom he fell in love. In some battle, 
 
 ' while protecting the object of his love with his 
 
 ' shield, he was slain. The Megarians honoured the 
 gallant lover with a tomb, raised him to the rank 
 of a hero, and in commemoration of his faithful at- 
 
 ' tachnient, instituted the festival of the Diocleia. 
 See Bockh, ad Find. Oh/mp. vii. 1.57. p. 176, and 
 the Scholiast, ad Aristojih. Acliarn. 730, where a 
 
 , Megarian swears by Diodes, from which we may 
 infer that he was held in great honour by the 
 Megarians. (Compare Welcker's Sajyplio, p. 39, 
 and ad Tlicoqn. p. 79.) [L. S.] 
 
 AinM02i'A. ["ANTnMOSl'A.] 
 DIONY'SIA (Aiovuffia ), festivals celebrated 
 
 : in various parts of Greece in honour of Dionysus. 
 
 ' We have to consider under this head several 
 festivals of the same deity, although some of them 
 
 ■ bore difierent names ; for here, as in other cases, 
 I the name of the festival was sometimes derived 
 
 from that of the god, sometimes from the place 
 where it was celebrated, and sometimes from some 
 particular circumstance connected with its celebra- 
 tion. We shall, however, direct our attention 
 chiefly to the Attic festivals of Dionysus, as, on 
 
 ■ account of their intimate connection with the origin 
 and the developement of dramatic literature, they 
 are of greater importance to us than any other 
 ancient festivaL 
 
 The general character of the festivals of Dio- 
 nysus was extravagant merriment and enthusiastic 
 joy, which manifested themselves in various ways. 
 The import of some of the apparently unmeaning 
 and absurd practices in which the Greeks indulged 
 during the celebration of the Dionysia, has been 
 well explained by MUUer {Hist, of tlie Lit. of Anc. 
 Greece, i. p. 289) : — " The intense desire felt by 
 every worshipper of Dionysus to fight, to conquer, 
 to suffer in common with him, made them regard 
 the subordinate beings (satyrs, panes, and nymphs, 
 by whom the god himself was surrounded, and 
 through whom life seemed to pass from him into 
 vegetation, and branch off into a variety of beauti- 
 fid or grotesque forms), who were ever present to 
 the fancy of the Greeks, as a convenient step by 
 which they could approach more nearly to the 
 presence of their divinity. The customs so preva- 
 lent at the festivals of Dionysus, of taking the dis- 
 guise of satyrs, doubtless originated in this feeling, 
 and not in the mere desire of concealing excesses ' 
 
 under the disguise of a mask, otherwise so serious 
 and pathetic a spectacle as tragedy could never 
 have originated in the choruses of these satyrs. 
 The desire of escaping from self into something 
 new and strange, of living in an imaginary world, 
 breaks forth in a thousand instances in these 
 festivals of Dionysus. It is seen in the colouring 
 the body with plaster, soot, vermilion, and dif- 
 ferent sorts of green and red juices of plants, wear- 
 ing goats and deer skins round the loins, covering 
 the face with large leaves of different plants ; and, 
 lastly, in the wearing masks of wood, bark, and 
 other materials, and of a complete costume belong- 
 ing to the character." Drunkenness, and the 
 boisterous music of flutes, cymbals, and drums, 
 were likewise common to all Dionysiac festivals. 
 In the processions called ^iacroi (from deiafoi), 
 with which they were celebrated, women also took 
 part in the disguise of Bacchae, Lenae, Thj-ades, 
 Naiades, Nymphs, &c., adorned with garlands of 
 ivy, and bearing the thyrsus in their haiuls (hence 
 the god was sometimes called @r}Kv/j.op(pos), so 
 that the whole train represented a populatiim in- 
 spired, and actuated by the powerful presence of 
 the god. The choruses sung on the occasion were 
 called dithyrambs, and were hymns addressed to 
 the god in the freest metres and ^vith the boldest 
 imagery, in which his exploits and achievements 
 were extolled. [Chorus.] The phallus, the 
 symbol of the fertility of nature, was also carried 
 in these processions (Plut. De Cupid. Divit. p. 
 527 D ; Aristoph. Aduirn. 229, with the Schol. ; 
 Herod, ii. 49), and men disguised as women, 
 called idi<paKKoi (Hesych. s. v. ; Athen. xiv. p. 
 622), followed the phallus. A woman called 
 KiKvo(p6pos carried the XiKvov, a long basket con- 
 taining the image of the god. Maidens of noble 
 birth {Kai'T}(p6poi) used to carry figs in baskets, 
 which were sometimes of gold, and to wear gar- 
 lands of figs round their necks. (Aristoph. Acharn. 
 I.C.; Lysistr. 647; Natal. Com. v. 13.) The in- 
 dulgence in drinking was considered by the Greeks 
 as a duty of gratitude which they owed to the 
 giver of the vine ; hence in some places it was 
 thought a crime to remain sober at the Dionysia. 
 (liadaxi, De Calumn. 16.) 
 
 The Attic festivals of Dionysus were four in 
 number : the Awvvaia Kar dypovs, or the rural 
 Dionysia, the A-^coia, the 'AvBecTTripia, and the 
 Aiovvata iv d(TT€i. After Rhunken {Auctar. ad. 
 Hesi/ch. Tom. i. p. 199) and Spalding {Alihandl. 
 der'Bcrl. Acad, von 1804—1811. p. 70. &c.) had 
 declared the Anthesteria and the Lenaea to be only 
 two names for one and the same festival, it was 
 generaDy taken for granted that there could be no 
 doubt as to the real identitj"^ of the two, until in 
 1817, A. Bdckh read a paper to the Berlin 
 Academy (KoM Unttrachiede der Attischen Lenaecn, 
 Anthesterien und I'dndl. Dionysicn, published in 
 1819, in the Abhandl. d. Bed. Acad.), in which 
 he established by incontrovertible arguments the 
 difference between the Lenaea and Anthesteria. 
 An abridgment of Biickh's essay, containing all that 
 is necessary to form a clear idea of the whole 
 question, is given in the Philological Museum, vol. 
 ii. p. 273, &c. The season of the year sacred to 
 Dionysus was during the months nearest to the 
 shortest day (Plut. Da Ei ap. Dclph. 9), and the 
 Attic festivals were accordingly celebrated in the 
 Poseideon, Gamelion (the Lenaeon of the Ionian&), 
 Anthesterion, and Elaphebolion. 
 
34-2 
 
 DIONYSIA. 
 
 DIONYSIA. 
 
 The Aioviicna kot' dypovs, or fxiKpd, the rural or 
 lesser Dionysia, a vintage festival, were celebrated 
 in the various domes of Attica in the month of 
 Poseideon,and were under the superintendence of 
 the several local magistrates, the demarchs. This 
 was doubtless the most ancient of all, and was 
 held with the highest degree of merriment and 
 freedom ; even slaves enjoyed full freedom during 
 its celebration, and their boisterous shouts on the 
 occasion were almost intolerable. It is here that 
 we have to seek for the origin of comedy, in the 
 jests and the scurrilous abuse which the peasants 
 vented upon the bystanders from a waggon in 
 which they rode about (koo/j-os i<p\ d|Ua|c5c). 
 Aristophanes ( Vcsjj. 620 and 1479) calls the comic 
 poets rpvy(f.So'i, lee-singers ; and comedy, Tpir/Cj>d'ia, 
 lee-song (Ac/iarn. 4G4. 834 ; Athen. ii. p. 40) ; 
 from the custom of smearing the face with lees of 
 wine, in which the merry country people indulged 
 at the vintage. The Ascolia and other amuse- 
 ments, which were afterwards introduced into the 
 city, seem also originally to have been peculiar to 
 the rural Dionysia. The Dionysia in the Piraeus, 
 as well as those of the other denies of Attica, be- 
 longed to the lesser Dionysia, as is acknowledged 
 both by Spalding and Bockh. Those in the 
 Piraeus were celebrated with as much splendour as 
 those in the city ; for we read of a procession, of 
 the perfonnance of comedies and tragedies, which 
 at first may have been new as well as old pieces ; 
 but when the drama had attained a regidar forai, 
 only old pieces were represented at the rural 
 Dionysia. Theh' liberal and democratical character 
 seems to have been the cause of the opposition 
 which these festivals met with, when, in the time 
 of Pisistratus, Thespis attempted to introduce the 
 rural amusements of the Dionysia into the city of 
 Athens. (Phit. So!, c. 29, 30 ; Diog. Laert. Sol. 
 c. 11.) That in other places, also, the introduc- 
 tion of the worship of Dionysus met with great 
 opposition, must be inferred from the legends of 
 Orchomenos, Thebes, Argos, Ephesus, and 
 other places. Something similar seems to be im- 
 plied in the account of the restoration of tragic 
 choruses to Dionysus at Sicyon. (Herod, v. 67.) 
 
 The second festival, the Lenaca (from Atji'o's, 
 the wine-press, from which also the month of 
 Gamelion was called by the lonians Lenaeon), was 
 celebrated in the month of Gamelion ; the place of 
 its celebration was the ancient temple of Dionysus 
 Limnaeus (from Ki/xfTj, as the district was origin- 
 ally a swamp, whence the god was also called 
 KifivayeviQs). This temple, the Lenaeon, was 
 situate south of the theatre of Dionysus, and close 
 by it. (Schol. ad Aristo]jh. Ran. 480.) The 
 Lenaea were celebrated with a procession and 
 scenic contests in tragedy and comedy. (Demosth. 
 c. Mid. p. 517.) The procession probably went 
 to the Lenaeon, where a goat (rpayos, hence the 
 chonis and tragedy which arose out of it were 
 called -rpayiKos x°P^^t ^'^'^ rpaycfiSia), was sacri- 
 ficed, and a chorus standing around the altar sang 
 the dithyrambic ode to the god. As the dithjTamb 
 was the element out of which, by the introduction 
 of an actor, tragedy arose [Chokus], it is natural 
 that, in the scenic contests of this festival, tragedy 
 should have preceded comedy, as we see from the 
 important documents in Demosthenes. (/. c.) The 
 poet who wished his play to be brought out at the 
 Lenaea applied to the second archon, who had the 
 superintendence of this festival as well as the 
 
 Anthesteria, and who gave him the chorus if the 
 piece was thought to deserve it. 
 
 The third Dionysiac festival, the AntJiesleria, 
 was celebrated on the 12th of the month of 
 Anthesterion (Thucyd. ii. IS); that is to say, the 
 second day fell on the 12th, for it lasted three 
 days, and the first feU on the 1 1 th (Suidas, s. v. 
 Xo6s), and the third on the 13th (Philoch. ap. 
 Suidam. s. v. Xvrgot). The second archon super- 
 intended the celebration of the Anthesteria, and 
 distributed the prizes among the victors in the 
 various g;mies which were carried on during the 
 season. (Aristoph. Acharn. 1143, with the Schol.) 
 The first day was called inQovyia : the second, 
 X<^er : and the third, x"'''?"^- (Harpocrat. and 
 Suidas, s. v. • Schol. ad Aristoph. Ran. 219 ; 
 Athen. x. p. 437 ; vii. p. 276 ; and iv. 129.) The 
 first day derived its name from the opening of the 
 casks to taste the wine of the preceding year ; the 
 second from X''"^^ the cup, and seems to have been 
 the day devoted to drinking. The ascolia seem to 
 have been played on this day. [ASKn'AIA.] We 
 read in Suidas (s. v. 'AcTKds) of another similar 
 amusement peculiar to this day. The drinker 
 placed himself upon a bag filled with air, trumpets 
 were sounded, and he who emptied his cup 
 quickest, or drank most, received as his prize a 
 leather bag filled with wine, and a gar-land, or, ac- 
 cording to Aelian ( V. H. ii. 41), a golden crown. 
 (Aristoph. Acharn. 943, with the Schol) The 
 /f£D|Uos d/ia^wv also took place on this day, 
 and the jests and abuse which persons poured 
 forth on this occasion were doubtless an imitation 
 of the amusements customary at the rural Dionysia. 
 Athenaeus (x. p. 437) says that it was customary 
 on the day of the Choes to send to the sophists 
 their salaries and presents, that they too might 
 enjoy themselves with their friends. The third 
 day had its name from x^'rpos, a pot, as on this 
 day persons offered pots with flowers, seeds, or 
 cooked vegetables, as a sacrifice to Dionysus and 
 Hemes Chthonius. (Schol. ad. Aristojih. Acharn. 
 1009 ; Suidas, s. v. Xiirpoi.) With this sacrifice 
 were connected the dyiZvei x'^'''^"''" mentioned 
 by the Scholiast on Aristophanes (Ran. 220), in 
 which the second ai'chon distributed the prizes. 
 Slaves were pennitted to take part in the general 
 rejoicings of the Anthesteria ; but at the close of 
 the day, they were sent home with the words 
 dv^a^e, Kdges, ovk €t' 'Aj'SecTTjoia. (Hesych. s. v. 
 Qvga^e : Proclus, ad Hesiod. Op. ct Dies.) 
 
 It is uncertain whether dramas were performed 
 at the Anthesteria ; but Bdckh supposes that 
 comedies were represented, and that tragedies 
 which were to be brought out at the great 
 Dionysia were perhaps rehearsed at the Anthes- 
 teria. The mysteries connected with the celebra- 
 tion of the Anthesteria were held at night, in the 
 ancient temple iv A'lfivais, which was opened only 
 once a year, on the 12th of Anthesterion. They 
 were likewise under the superintendence of the 
 second archon and a certain nimiber of iirifieXrirai. 
 He appointed fourteen priestesses, called yegaigai 
 or yegagai, the venerable, who conducted the cere- 
 monies with the assistance of one other priestess. 
 (Pollux, viii. 9.) The wife of the second archon 
 (/Sac/AiiTcra) ofl:'ered a mysterious sacrifice for the 
 welfare of the city ; she was betrothed to the god 
 in a secret solemnity, and also tendered the oath 
 to tlie gcraerae, which, accoi'ding to Demosthenes 
 (c. Ncucr. p. 1371. 22.), ran thus: — " I am pure 
 
DIONYSIA. 
 
 DIONYSIA. 
 
 343 
 
 and imspotted by anything that pollutes, and have 
 never had intercourse with man. I will solemnize 
 the Theognia and lobakcheia at their proper time, 
 according to the laws of my ancestors." Tlie 
 adini>sion to the mysteries, from which men were 
 excluded, took place after especial preparations, 
 wliich seem to have consisted in purifications by 
 air, water, or fire. (Serv. ad Aoi. vi. 740 ; Paus. 
 ix. 20. § 4 ; Liv. xxxix. 1 3.) The initiated per- 
 sons.,wore skins of fawns, and sometimes those of 
 panthers. Instead of ivy, which was worn in the 
 public part of the Dionysia, the mystae wore 
 myrtle. (Schol. ad Arisioph. -Ran. 330.) The 
 sacrifice offered to the god in these mysteries con- 
 sisted of a sow, the usual sacrifice of Demeter, 
 and in some places of a cow with calf. It is more 
 than probable that the history of Dionysus was 
 symbolically represented in these mysteries, as 
 the history of Demeter was acted in those of Eleusis, 
 which were in some respects connected with the 
 former. (Schol. ml Aruioph. Han. 343.) 
 
 The fourth Attic festival of Dionysus, Awvvata 
 €v affTd, ao-Ti/cfi or fieyaAa, was celebrated about 
 the 12th of the month of Elaphebolion (Aesch. 
 c. Ctusiph. p. 63) ; but we do not know whether 
 they lasted more than one day or not. The order 
 in which the solenmities took place was, according 
 to the document in Demosthenes, as follows : — 
 The great public procession, the choras of boys, 
 the Kwixos [Chorus], comedy, and, lastly, tragedy. 
 We possess in Athenaeus (v. p. 197. 199) the de- 
 scription of a great Bacchic procession, held at 
 Alexandria in the reign of Ptolemaeus Philadel- 
 phus, fi-om which we may form some idea of the 
 great Attic procession. It seems to have been 
 customary to represent the god by a man in this 
 procession. Plutarch {Nk. 3), at least, relates 
 that on one occasion a beautiful slave of Nicias 
 represented Dionysus (compare Athen. v. p. 200). 
 A ridiculous imitation of a Bacchic procession is 
 described in Aristophanes {Eccles. 759. JT.). Of 
 the dramas which were performed at the great 
 Dionysia, the tragedies at least were generally 
 new pieces ; repetitions do not, however, seem to 
 have been excluded from any Dionysiac festival. 
 The first archon had the superintendence, and 
 gave the chonis to the dramatic poet who 
 wished to bring out his piece at this festival. 
 The prize awarded to the dramatist for the best 
 play consisted of a crown, and his name was pro- 
 claimed in the theatre of Dionysus. (Demosth. De 
 Coron. p. 2(J7.) Strangers were prohibited from 
 taking part in the chonises of boys. During this 
 and some other of the great Attic festivals, 
 prisoners were set free, and nobody was allowed 
 to seize the goods of a debtor ; but a war was not 
 interrupted by its celebration. (Demosth. c. Doeot. 
 de Norn. p. 999.) As the great Dionysia were 
 celebrated at the beginning of spring, when the 
 navigation was reopened, Athens was not only 
 visited by numbers of country people, but also by 
 strangers from other parts of Greece, and the 
 various amusements and exhibitions on this oc- 
 casion were not unlike those of a modem fair. 
 (Isocr. Arcop. p. 203. ed. Bekker ; Xen. Hiero, 
 i. 1 1 ; compare Becker, Cluiriklcs, ii. p. 237. ff. ) 
 Respecting the scrupulous regularity, and the 
 enormous siuns spent by the Athenians on the 
 celebration of these and other festivals, see 
 Demosthenes {Philip, i. p. 50). As many circum- 
 st;uices connected with the celebration of the 
 
 Dionysia cannot be made clear without entering 
 into minute details, we must refer the reader to 
 Biickh's essay. 
 
 The worship of Dionysus was almost universal 
 among the Greeks in Asia as well as in Europe, 
 and the character of his festivals was the same 
 everywhere, only modified by the national ditler- 
 ences of the various tribes of the Greeks. It is 
 expressly stated that the Spartans did luit indulge 
 so much in drinking during the celebration of the 
 Dionysia as other Greeks. (Atiien. iv. p. 156; 
 Plato, Dc Ltg, i. p. 637.) The worship of Dio- 
 nysus was in general, with the exception of 
 Corinth, Sicyon, and the Doric colonies in southern 
 Italy, less popular among the Doric states than in 
 other parts of Greece. (Miiller, Durians, ii. 10. 
 § 6 ; Buttiger, Ideen z. Arcliavol. dcr Malerei, 
 p. 289. Jf.) It was most enthusiastic in Boeotia 
 in the orgies on Mount Cithaeron, as is well 
 known from allusions and descriptions in several 
 Roman poets. That the extravagant merriment, 
 and the unrestrained conduct ^vith which all fes- 
 tivals of this class were celebrated, did in the 
 course of time lead to the grossest excesses, 
 cannot be denied ; but we must at the same time 
 acknowledge, that such excesses did not occur 
 until a comparatively late period. At a very early 
 period of Grecian history, Bacchic festivals were 
 solemnized with human sacrifices, and traces of 
 this custom are discernible even until very late. 
 In Chios this custom was superseded by another, 
 according to which the Bacchae were obliged to 
 eat the raw pieces of flesh of the victim which 
 were distributed among them. This act was called 
 <i/xo(pay'ia, and Dionysus derived from it the name 
 of u/j.dSios and li/j-TjaT-^s. There was a report that 
 even Themistocles, after the battle of Salamis, sacri- 
 ficed three noble Persians to this divinity. (Pint. 
 Tlicviist. 13, Pelop. 21 ; compare ThirlwaD, Hist. 
 o/G'rcece, ii. p. 310.) But Plutarch's account of 
 this very instance, if true, shows that at this time 
 such savage rites were looked upon with liorror. 
 
 The worship of Dionysus, whom the Romans 
 called Bacchus, or rather the Bacchic mysteries 
 and orgies {BuccJiunalia), are said to have been 
 introduced from southern Italy into Etruria, and 
 from thence to Rome (Liv. xxxix. 8), where for a 
 time they were carried on in secret, and, during 
 the latter period of their existence, at night. The 
 initiated, according to Livy, did not only indulge in 
 feasting and drinking at their meetings, but when 
 their minds were heated with wine, they indulged in 
 the coarsest excesses and the most unnatural vices. 
 Young girls and youths were seduced, and aU 
 modesty was set aside ; every kind of vice found 
 here its fidl satisfaction. But the crimes did not 
 remain confined to these meetings : their conse- 
 quences were manifest in aU directions; for false 
 witnesses, forgeries, false wills, and denunciations 
 proceeded from this focus of crime. Poison and 
 assassination were carried on under the cover of 
 the society ; and the voices of those who had been 
 fraudulently drawn into these orgies, and would 
 cry out against the shameless practices, were 
 drowned by the shouts of the Bacchantes, and the 
 deafening sounds of drams and cymbals. 
 
 The time of initiation lasted ten days, during 
 which a person was obliged to abstain from 
 all sexual intercourse ; on the tenth he took a 
 solemn meal, underwent a purification by water, 
 and was led into the sanctuaiy (^Bacc/Mrial). At 
 
344 
 
 DIONYSIA. 
 
 DIONYSIA. 
 
 first only women were initiated, and the orgies 
 were celebrated every year during three days. 
 Matrons alternately perfonned the functions of 
 priests. But Pacula Annia, a Carapanian matron, 
 pretending to act under the direct influence of 
 Bacchus, changed the whole method of celebration : 
 she admitted men to the initiation, and transferred 
 the solemnisation, which had hitherto taken place 
 during the daytime, to the night. Instead of 
 three days in the year, she ordered that the Bac- 
 chanaha should be held during five days in every 
 month. It was from tlie tiine that these orgies were 
 carried on after this new plan that, according to 
 the stiitement of an eye-witness (Liv. xxxix. 13), 
 licentiousness and crimes of every description were 
 committed. Men as well as women indulged in 
 the most unnatural appetites, and those who at- 
 tempted to stop or to oppose such odious proceedings 
 fell as victims. It was, as Livy says, a principle 
 of the society to hold everj- ordinance of god and 
 nature in contempt. Men, as if seized by fits of 
 madness, and under great convulsions, gave 
 oracles ; and the matrons, dressed as Bacchae, 
 with dishevelled hair and burning torches in 
 their hands, ran down to the Tiber and plunged 
 their torches into the water ; the torches, how- 
 ever, containing sulphur and chalk, were not extin- 
 guished. Men who refused to take part in the 
 crimes of these orgies, were frequently thrown 
 into dark caverns and despatched, while the perpe- 
 trators declared that they had been carried oiT by 
 the gods. Among the number of the members of 
 these mysteries were, at the time when they were 
 suppressed, persons of all classes ; and during the 
 last two years, nobody had been initiated who was 
 above the age of twenty years, as this age was 
 thought most fit for seduction and sensual pleasure. 
 
 In the year B. c. 186, the consuls Spurius 
 Posturaius Albinus and Q. Marcius Philippus 
 were informed of the existence of these meetings ; 
 and after having ascertained the facts mentioned 
 above, they made a report to the senate. (Liv. 
 xxxix. 14.) The senate, alarmed by this singular 
 discovery, and although dreading lest members 
 of their own families might be involved, invested 
 the consuls with extraordinary power, to inquire 
 into the nature of these nocturnal meetings, to 
 exert all their energy to secure tlie priests and 
 priestesses, to issue a proclamation throughout 
 Rome and Italy, forbidding any one to be initi- 
 ated in the Bacchic mysteries, or to meet for the 
 purpose of celebrating them ; but above all things, 
 to submit those individuals who had already been 
 secured to a rigid trial. The consuls, after having 
 given to the subordinate magistrates all the neces- 
 sary instructions, held an assembly of the people, 
 in which the facts just discovered were explained 
 to the public, in order that the objects of the pro- 
 ceedings which were to take place might be known 
 to every citizen. A reward was at the same time 
 offered to any one who might be able to give 
 further information, or to name any one that be- 
 longed to the conspiracy, as it was called. Mea- 
 sures were also taken to prevent any one from 
 leaving Italy. Dming the night following, a great 
 number of persons were apprehended ; many of 
 them put an end to their own lives. The whole 
 number of the initiated was said to be 7000. The 
 trial of all those who were apprehended lasted 
 thirty daj-s. Rome was almost deserted, for the 
 iiuiocent as well as the guilty hud reason to fear. 
 
 The punishment inflicted on those who were con- 
 victed, varied according to the degree of their guilt ; 
 some were thrown into prison, others were put to 
 death. The women were surrendered to their 
 parents or husbands, that they might receive 
 their punishment in private. The consuls then 
 were ordered by the senate to destroy all Baccha- 
 nalia throughout Rome and Italy, with the excep- 
 tion of such altars or statues of the god as had 
 existed there from ancient times. In order to pre- 
 vent a restoration of the Bacchic orgies, the cele- 
 brated decree of the senate {iieTiatuii audoritas de 
 Bitcduinalihiis) was issued, commanding that no 
 Bacchanalia should be held either in Rome or 
 Italy ; that if any one should think such cere- 
 monies necessary, or if he could not neglect them 
 without scruples or making atonements, he sho\dd 
 apply to the praetor urbanus, who might then con- 
 sult the senate. If the permission should be 
 granted to him in an assembly of the senate, con- 
 sisting of not less than one hundred members, he 
 might solemnise the Bacchic sacra ; but no more 
 than five persons were to be present at the cele- 
 bration ; there should be no common fund, and no 
 master of the sacra or priest. (Liv. xxxix. 18.) 
 This decree is also mentioned by Cicero {De Legy. 
 ii. 15). A brazen table containing this important 
 document was discovered near Bari, in southern 
 Italj', in the year 1G40, and is at present in the 
 imperial Museum of Vienna. A copy of it is given 
 inbrakenborch's edition of Livy (tom.vii. p.l97.#). 
 
 We have in our account of the Roman Baccha- 
 nalia closely followed the description given by 
 Livy, which may, indeed, be somewhat exag- 
 gerated ; but considering the difference of character 
 between the Greeks and Romans, it cannot be 
 surprising that a festival Uke the Dionysia, when 
 once introduced among the Romans, should have 
 immediately degenerated into the grossest and 
 coarsest excesses. Similar consequences were seen 
 immediately after the time when the Romans were 
 made acquainted with the elegance and the luxuries 
 of Greek life ; for, like barbarians, they knew not 
 where to stop, and became brutal in their enjoy- 
 ments. But whether the account of Livy be ex- 
 aggerated or not, thus much is certain, that the 
 Romans, ever since the time of the suppression of 
 the Bacchanalia, considered these orgies as in the 
 highest degree immoral and licentious, as we see 
 from the manner in which they applied the words 
 derived from Bacchus, e. y. baci-hor, bcu-cliayis, bac- 
 c/iatio, bacchkus, and others. But the most sur- 
 prising circumstance in the account of Livy is, that 
 the Bacchanalia should have been celebrated for 
 several years in the boisterous manner described 
 above, and by thousands of persons, without any 
 of the magistrates appearing to have been aware 
 of it. 
 
 While the Bacchanalia were thus suppressed, an- 
 other more simple and innocent festival of Bacchus, 
 the Libercdia (from Lilier, or Liber Pater, a name 
 of Bacchus), continued to be celebrated at Rome 
 every year on the 16th of March. (Ovid, Fast. iii. 
 713.) A description of the ceremonies customary 
 at this festival is given by Ovid {I. c), with which 
 may be compared Varro {De Lint). Lat. v. 55. ed. 
 Bipont). Priests and aged priestesses, adorned 
 with garlands of ivy, carried through the city 
 wine, honey, cakes, and sweet-meats, together 
 with an altar with a handle {ansata ara), in the 
 middle of which there was a small fire-pan 
 
DIPTYCHA. 
 
 DISCUS. 
 
 345 
 
 {/oculus), in which from time to time sacrifices 
 were burnt. On this day Roman youths who liad 
 attained their sixteenth year received the toga 
 virilis. (Cic. Ad Aft. vi. 1.) That the Liberalia 
 were celebrated with various amusements and great 
 merriment, might be inferred from the general 
 character of Dionysiac festivals ; but we may also 
 » 1 see it from the name Ludi Liberali's, which is 
 \ . Bometimes used instead of Liberalia ; and Naevius 
 ' {ap. FeM.) expressly says that persons expressed 
 themselves very freely at the Liberalia. St. 
 Augustine {De Cw. Dei. vii. 21) even speaks of a 
 high degree of licentiousness carried on at this 
 festival. [L. S.] 
 
 AIOSKOT'PIA, festivals celebrated in various 
 parts of Greece in honour of the dioscuri. The 
 Spai'tan dioscuria mentioned by Pausanias (iv. 27. 
 § 1 ; compare with iii. 16. § 3) and Spanheim (tid 
 Callim. Hymn, in Pall. 24), were celebrated with 
 sacrifices, rejoicings, and drinking. At Cyrene 
 the dioscuri were likewise honoured with a great 
 festival. (Schol. ml Find. Pyth. v. 629.) The 
 Athenian festival of the dioscuri has been described 
 under 'ANA'KEIA. Their worship was very gener- 
 ally adopted in Greece, especially in the Doric and 
 Achaean states, as we conclude from the great 
 immber of temples dedicated to them ; but scarcely 
 I anything is known respecting the manner in which 
 their festivals were celebrated. [L. S.] 
 
 DIO'TA was a vessel containing two ears (wro) 
 or handles, used for holding wine. It appears to 
 have been much the same as the amphora. (Hor. 
 Carm. i. ix. 9.) [Amphora.] 
 
 AI4>0E'PA was a kind of cloak made of the 
 skins of animals, and worn by herdsmen and 
 country people in general. It is frequently men- 
 tioned by Greek writers. (Aristoph. Nub. 72, and 
 Schol. ; Vesp. 444 ; Plato, Crit. p. 53 ; Lucian, 
 Tim. c. 12.) Pollux (vii. 70) says that it had a 
 covering for the head {lirmpduov), in which re- 
 spect it would correspond to the Roman cucullus. 
 [CucuLLUS.] (Becker, Cliankles, ii. p. 359.) 
 
 AI'*P02. [CuRRUs, p. 309.] 
 
 AinAOrs. [Pallium.] 
 
 DIPLO'MA was a writ or public document, 
 which conferred upon a person any right or privi- 
 lege. During the republic, it was granted by the 
 consuls and senate ; and under the empire, by the 
 emperor and the magistrates whom he authorised 
 to do so. (Cic. ad Fam. vi. 12, ad Ait. x. 17, 
 c. Pis. 37 ; Sen. Ben. vii. 10 ; Suet. Cal. 38, Ner. 
 12, 0th. 7 ; Dig. 48. tit. 10. s. 27.) The diploma 
 was sealed by the emperor (Suet. Aur/. 50); it con- 
 sisted of two leaves, whence it derived its name. 
 These writs were especially given to public couriers, 
 or to those who wished to procure the use of the 
 public horses or carriages. (Plin. iJp. x. 14. 121 ; 
 compare x. 54, 55.) The tabeUarii of the em- 
 peror would naturally always have a diploma ; 
 whence we read in an inscription (Orelli, No. 
 2917) of a diplomariiis tahellarius. 
 
 Al'npnPOI NH"E2. ['AM*l'nPTMNOI 
 NH"E5.] 
 
 DIPTYCHA (SiTTTuxa) were two writing 
 tablets, which could be folded together. Herodo- 
 tus (vii. 239) speaks of a heXnov SItttvxov, made 
 of wood and covered over with wax. (Compare 
 Pollux, iv. 18.) The diptycha were made of 
 different materials, commonly of wood, but some- 
 times of ivory. (Corftu' T/ieod. 15. tit. 9. s. 1.) 
 
 Under the empii-e, it was the custom of the 
 
 consuls and other magistrates to distribute among 
 theii' friends and the people, on the day on which 
 they entered on their office, tablets, called respec- 
 tively diptycha consularia, praetoria, aedilitia, 
 &c., which were inscribed with their names and 
 contained their portraits. Several of these dip- 
 tycha are given by Montfaucon (Ayitiquitee Ejc- 
 pli(liiee, Supplem. vol. iii. p. 220, &c.). 
 DIRECTA ACTIO. [Actio, p. 8.] 
 DIRIBITO'RES are said by most modem 
 writers to have been the persons who gave to the 
 citizens the tabellae with which they voted in the 
 comitia [Comitia, p. 274] ; but Wunder has most 
 distinctly proved, in the preface to his Codex 
 Erfutcnsk (p. cxxvi. — clviii.), that it was the 
 otHce of the diribitores to divide the votes when 
 taken out of the cistae, so as to determine which 
 had the majority. He remarks that the etymology 
 of diriljerc would lead us to assign to it the mean- 
 ing of " separation " or " division," as it is com- 
 pounded of dis and habere, in the same manner as 
 dirimcre is of dis and emere; the /* disappears as 
 in praebcre and debere, which come respectively 
 from prae and hoLere, and de and habere. In 
 several passages the word cannot have any other 
 signification than that given by Wunder. (Cic. 
 Pro Plancio, 20, ad Qu. Fratr. iii. 4. § I ; Varro, 
 De Re Rust. iii. 2. § I, iii. 5. § 18.) 
 
 When Cicero says {in Pison. 15), " vos roga- 
 tores, vos diribitores, vos custodes tabellamm," we 
 may presume that he mentions these officers in the 
 order in which they discharged their duties in the 
 comitia. It was the office of the rogatores to col- 
 lect the tabellae which each century gave, as they 
 used, before the ballot was introduced, to ask 
 {royare) each century for its votes, and report 
 them to the magistrate who presided over the 
 comitia. The diribitores, as has been already re- 
 marked, divided the votes when taken out of the 
 cistae, and handed them over to the custodes, who 
 checked them oft" by points marked on a tablet. 
 
 Many writers have confounded the cista with 
 the sitdla, or urna, into which the sortes or mere 
 lots were cast ; the true ditference between these 
 words is explained under Sitella. 
 
 DISCUS (SiVkos), a circular plate of stone 
 (XiS'ivoi SiffKoi, Pind. Isth. i. 34), or metal {sjjlen- 
 dida pondera disci. Mart. xiv. 164), made for 
 throwing to a distance as an exercise of strength 
 and dexterity. This was, indeed, one of the prin- 
 cipal gymnastic exercises of the ancients, being 
 included in the nevrad^ov. It was practised in 
 the heroic age (Horn. II. ii. 774, Od. vi. 626 ; 
 viii. 129. 186—188; xvii. 168; Eurip. Iph. in 
 Aul. 200); the fable of H3'acinthus, who was 
 killed by Apollo as they were playing together at 
 this game (Ovid, Afet. x. 167 — 219), also proves 
 its very high antiquity. 
 
 The discus was ten or twelve inches in diameter, 
 so as to reach above the middle of the foreann 
 when held in the right hand. The object was to 
 throw it from a fixed spot to the greatest distance ; 
 and in doing this each player had a friend to mark 
 the point at which the discus, when thrown by 
 him, stnick the ground ; as is done by Minerva 
 on behalf of Ulysses when he contends with the 
 Phaeacians. {Od. viii. 186 — 200 ; Jijra siynatur 
 terra sagitla, Stat. Tlieb. vi. 703.) The distance 
 to which it was commonly thrown became a 
 measure of length, called rd SiffKovfia, {II. xxiii. 
 431. 523.) 
 
346 
 
 DISCUS. 
 
 DIVINATIO. 
 
 The space on which the discobolus, or thrower 
 of the discus, stood, was called fiaASit, and was 
 indicated by being a little higher than the ground 
 surrounding it. As each man took his station, 
 with his body entirely naked, on the ySaXgi's, he 
 placed his right foot forward, bending his knee, 
 and resting principally on this foot. The discus 
 being held, ready to be thrown, in his right hand, 
 he stooped, turning his body towards it, and his 
 left hand was naturally turned in the same direc- 
 tion. (Philostr. Sen. Imai/. i. 24 ; Welcker, ad loc.) 
 This attitude was represented by the sculptor 
 Myron in one of his works, and is adduced by 
 Quintilian {Imt. Or. ii. 13. § 10) to show how 
 much greater skill is displayed by the artist, and 
 how much more powerful an effect is produced on 
 the spectator, when a person is represented in 
 action, than when he is at rest or standing erect. 
 We fortunately possess several copies, more or less 
 entire, of this celebrated statue ; and one of the 
 best of them is in the British Museum (see tlie 
 annexed woodcut). It represents the player just 
 ready to swing round his outstretched arm, so as 
 to describe with it a semicircle in the air, and 
 thus, with his collected force, to project the discus 
 at an angle of forty-five degrees, at the same time 
 springing forward so as to give to it the impetus of 
 his whole body. Discum "• vasto contorquet tur- 
 bine, et ipse prosequitur." (Stiitius, I.e.) 
 
 By metaphor, the term discits was applied to a 
 mirror (Bmnck. Anal. ii. p. 494) [Speculum] ; to 
 the orb of the sun as seen by us ; and to a flat 
 round plate used to hold meat, whence the English 
 diili. 
 
 Sometimes a heavy mass of a spherical form 
 ((r<$Aor) was used instead of a discus, as when the 
 Greeks at the finieral games contended for a lump 
 of iron, which was to be given to him who could 
 throw it furthest. (//. xxiii. 0-20"— 840'.) The 
 crSXos was perforated in the centre, so that a rope 
 or thong might be passed through and used in 
 throwing it. (Eratosth. Beriihard)/, \). 25\ .) In this 
 fonn the discobolia is still practised b}' the moun- 
 taineers of the canton of Appenzell, in Switzer- 
 land. They meet twice a year to throw round 
 stones of great weight and size. This they do by 
 a sudden leap and forcible swinging of the whole 
 body. The same stone is taken by aU, as in the 
 
 case of the ancient discus and aoAoi : he 
 who sends it to the greatest distance receives 
 a public prize. The stone is lifted as high as 
 the right shoulder (see woodcut ; Karu^aSioio, 
 IL xxiii. 431) before being projected. (Ebel, 
 ScMldermig der Gebirgsvolker der Schioeitz, i. 
 p. 174.) [J.Y.] 
 DISPENSA'TOR. [Calculator.] 
 DITHYRA'MBUS. [Chorus, p. 226.] 
 DIVERSO'RIUM. [Caupona.] 
 DIVINA'TIO is, according to Cicero {^De 
 Divinat. i. 1), a presension and a knowledge of 
 future things ; or, according to Chrysippus (Cic. 
 De Dwinat. ii. 63), a power in man which foresees 
 and explains those signs which the gods throw in 
 his way, and the diviner must therefore know the 
 disposition of the gods towards men, the import of 
 their signs, and by what means these signs are to 
 be obtained. According to this latter definition, 
 the meaning of the Latin word divinatio is nar- 
 rower than that of the Greek yuavriKr), in as much 
 as the latter signifies any means by which the 
 decrees of the gods can be discovered, the natiu^ 
 as well as the artificial ; that is to say, the seers 
 and the oracles, where the will of the gods is re- 
 vealed by inspiration, as well as the divinatio in 
 the sense of Clirysippus. In the one, man is the 
 passive medium tlirough which the deity reveals 
 the future ; while in the other, man discovers it 
 by his own skill or experience, without anj' pre- 
 tension to inspiration. As, however, the seer or 
 vates was also frequently called divinus, we shall 
 treat, under this head, of seers as well as of other 
 kinds of divinatio. The subject of oracles is dis- 
 cussed in a separate article. [Oraculum.] 
 
 The belief that the decrees of the divine will 
 were occasionally revealed by the deity himself, or 
 could be discovered by certain individuals, is one 
 wliich the classical nations of antiquity had, in 
 common with many other nations, before tlie 
 attainment of a certain degree of intellectual culti- 
 vation. In early ages such a belief was natural, 
 and perhaps founded on the feeling of a very close 
 connection between man, God, and nature. But 
 in the course of time, when men became more ac- 
 ([uainted with the laws of nature, this belief was 
 abandoned, at least by the more enlightened minds, 
 while the multitudes still contiimed to adhere to 
 it ; and the govenuuents, seeing the advantages to 
 be derived from it, not only countenanced, but en- 
 couraged and supported it. 
 
 The seers or fxAvTas, who, under the direct influ- 
 ence of the gods, chiefly that of Apollo, announced 
 the future, seem originally to have been connected 
 with certain places where oracles were given ; but 
 in subsequent times they formed a distinct class of 
 persons, independent of any locality ; one of them 
 is Calchas in the Homeric poems. Apollo, the 
 god of prophecy, was generally the source from 
 which the seers, as well as other diviners, derived 
 their knowledge. In many fimiihes of seers the 
 inspired knowledge of the future was considered 
 to be hercdit;iry, and to be transmitted from father 
 to son. To these families belonged the lamids 
 (Pans. iii. 11. § 5, &c. ; Biickh, ad Piiid. 01. vi. 
 p. 152), who from Olympia spread over a con- 
 siderable part of fireece ; the Branchidae, near 
 Miletus (Conon. 33); the Eumolpids, at Athens 
 and Eleusis ; the Clytiads (Pans. vi. 17. § 4), the 
 Telliads (Herod, viii. 27; Pans. x. 1. § 4, &c. ; 
 Herod, ix. 37), the Acaruaniau seers, and others. 
 
DIVINATIO. 
 
 DIVINATIO. 
 
 347 
 
 Some of these families retained their celebrity 
 till a very late period of Grecian iiistory. The 
 mantels made their revelations either when re- 
 quested to do so on important emergencies, or 
 they made them spontaneously whenever they 
 thought it necessary, either to prevent some 
 calamity or to stimulate their countrymen to some- 
 thing beneficial. The civil government of Athens 
 not only tolerated, but protected and honoured 
 them ; and Cicero (De. Divinat. i. 43) says, that 
 the mantels were present in all the public assem- 
 blies of the Athenians. (Compare Aristoph. Pax, 
 1025, with the Schol. ; Nub. 325, &c. and the 
 Schol. ; Lycurg. c. Lcocrat. Tj). 196.) Along with 
 the seers we may also mention the Bacides and 
 the Sibyllae. Both existed from a very remote 
 time, and were distinct from the mantels so far as 
 they pretcmded to derive their knowledge of the 
 future from sacred books (xpic/ioi') which they 
 consulted, and which were in some places, as at 
 Athens and Rome, kept by the government or 
 some especial officers, in the acropolis and in the 
 most revered sanctuary. Bacis was, according to 
 Pausanias (x. 12. § 6 ; compare with iv. 27. § 2), 
 in Boeotia a general name for a man inspired 
 by njTiiphs. The Scholiast on Aristophanes [Pa.r, 
 1009) and Aelian {V. H. xii. 35) mention three 
 original Bacides, one of Eleon in Boeotia, a second 
 of Athens, and a third of Caphys in Arcadia. 
 (Compare Aristoph. Equit. 123. 998 ; Ams, 963 ; 
 Clem. Alex. Strom, i. 398.) From these three 
 Bacides aU others were said to be descended, and 
 to have derived their name. Antichares (Herod. 
 V. 43), Musaeus (Herod, vii. 6), Euclous of Cyprus 
 (Paus. X. 12. § 6), and Lycus, son of Pandion 
 (Paus. c), probably belonged to the Bacides. 
 The Sibyllae were prophetic women, probably of 
 Asiatic origin, whose peculiar custom seems to 
 have been to wander with their sacred books from 
 place to place. (Liv. i. 7.) Aelian ( V. H. xii. 35) 
 states that, according to some authors, there were 
 four Sibyllae, — the Erythraean, the Samian, the 
 Egyptian, and the Sardinian; but that others 
 added six more, among whom there was one 
 called the Cumaean, and another called the Jewish 
 Sibylla. Compare Snidas (s. t). 5i§i/AA.ai), and 
 Pausanias (x. 12), who has devoted a whole chap- 
 ter to the Sibyllae, in which, however, he does not 
 clearly distinguish between the Sibyllae properly 
 so called, and other women who travelled about 
 and made the prophetic art their profession, and 
 who seem to have been very numerous in all parts 
 of the ancient world. (Clem. Alex. Strom, i. 319.) 
 The Sibylla whose books gained so great an im- 
 portance at Rome, was, according to Varro {(ip. 
 Lactant. i. C), the Erythraean : the books which 
 she was said to have sold to one of the Tarquins, 
 were carefully concealed from the public, and only 
 accessible to the duumvirs. The early existence 
 of the Sibyllae is not as certain as that of the 
 Bacides ; but in some legends of a late date, they 
 occur even in the period previous to the Trojan 
 war, and it is not improbable that at an early 
 period every town in Greece had its prophecies by 
 some Bacis or Sibylla. (Paus. c.) They seem to 
 have retained their celebrity down to the time of 
 Antiochus and Demetrius. (See Niebuhr, Hist, of 
 Rome, i. p. 503, &c.) 
 
 Besides these more respectable prophets and 
 prophetesses, there were numbers of diviners of an 
 inferior order (xpiffMoAfSyia), who made it their 
 
 business to explain all sorts of signs, and to tell 
 fortunes. They were, however, more particularly 
 popular with the lower orders, who are everywhere 
 most ready to believe what is most marvellous and 
 least entitled to belief. This class of diviners, 
 however, does not seem to have existed until a 
 comparatively late period (Thucyd. ii.21; Aristoph. 
 Ams, 897; Pax, 986. 1034, &c.), and to have been 
 looked upon, even by the Greeks themselves, as 
 nuisances to the public. 
 
 These soothsayers lead us naturally to the mode 
 of divination, of which such frequent use was made 
 by the ancients in all the affairs of public and 
 private life, and which chieHy consisted in the in- 
 terpretation of numberless signs and phenomena. 
 No public undertaking of any consequence was 
 ever entered upon by the Greeks and Romans 
 without consulting the will of the gods, by observ- 
 ing the signs which they sent, especially those in 
 the sacrifices offered for the purpose, and by which 
 they were thought to indicate the success or the 
 failure of the undertaking. For this kind of divi- 
 nation no divine inspiration was thought necessary, 
 but merely experience and a certain knowledge 
 acquired by routine ; and although in some cases 
 priests were appointed for the purpose of observing 
 and explaining signs [AutiUR ; Haruspex], yet 
 on any sudden emergency, especially in private 
 affairs, any one who met with something extraor- 
 dinary, might act as his own intci-preter. The 
 principal signs by which the gods were thought to 
 declare their will, were things connected with the 
 offering of sacrifices, the flight and voice of birds, 
 all kinds of natural phenomena, ordinary as well 
 as extraordinaiy, and dreams. 
 
 The interpretation of signs of the first class 
 (Upofiavre'ia or IfpocrKonia, harmtpicium or ars 
 Imrusjncina) was, according to Aeschylus {Prometh. 
 492. &c.), the invention of Promethus. It seems 
 to have been most cultivated by the Etruscans, 
 among whom it was raised into a complete science, 
 and from whom it passed to the Romans. Sacri- 
 fices were either offered for the special purpose of 
 consulting the gods, or in the ordinary way ; but 
 in both cases the signs were observed, and 
 when they were propitious, the sacrifice was said 
 Ka\\iepe7v. The principal points that were 
 generally observed were, 1. The manner in which 
 the victim approached to the altar, whether utter- 
 ing a sound or not ; the former was considered a 
 favourable omen in the sacrifice at the Panionium. 
 (Strab. viii. p. 384 ; compare Paus. iv. 32. § 3.) 
 2. The nature of the intestines with respect to their 
 colour and smoothness (Aeschyl. Promet/i.49'3. &c.; 
 Eurip. Elect. 833) ; the liver and bile were of 
 particular importance. [Caput Extorum]. 3. 
 The nature of the flame which consumed the 
 sacrifice (see Valckenaer, ad Eurip. Phoen. 1261); 
 hence the words, nvQOixavT^ia, ^nirvga <r»;|uaTo, 
 (pKoyuiird ffrj^ara. That the smoke rising from 
 the altar, the libation, and various other things 
 offered to the gods, were likewise considered 
 as a means through which the wiU of the gods 
 might be learned, is clear from the names, 
 Kairvo/xavTiia, KtSavofxavTila, KgiBofiavrua, and 
 others. Especial care was also taken during a 
 sacrifice, that no inauspicious or frivolous words 
 were uttered bj' any of the bystanders : hence the 
 admonitions of the priests, ev<prtfi(7T€ and evifT)fiia, 
 or (TiyaTe, (riwTroTe, favete tiiiijius, and others ; for 
 improper expressions were not only thought to pol- 
 
348 
 
 DIVINATIO. 
 
 DIVORTIUM. 
 
 lute and profiine the sacred act, but to be unlucky 
 omens ( 5u(T<J)7)^ti'a, KKpSdves, (b-/iixai, (fiwuai or 
 o/xcpai. Find. OL vi. 112, //. ii. 41). 
 
 The art of interpreting signs of the second class 
 was called oio)vi(rTi(C7j, au</iiriu7n, or auspicium. It 
 was, like the former, common to Greeks and Ro- 
 mans, but was never developed into so complete 
 a system by the former as by the latter ; nor did it 
 ever attain the same degree of importance in Greece 
 as it did at Rome. [Auspicium.] The Greeks, 
 when observing the flight of birds, turned their 
 face towards the north, and then a bird appearing 
 to the right (east), especially an eagle, a heron, or 
 a falcon, was a favourable sign (Horn. //. xiv. 
 274; xxiv. 310; Od. xv. 524); while birds ap- 
 pearing to the left (west) were considered as un- 
 lucky signs. (Horn. //. xii. 201. 230 ; Festus, 
 s. V. Sinislrac Aves.) Sometimes the mere appear- 
 ance of a bird was thought sufficient : thus the 
 Athenians always considered the appearance of an 
 owl as a lucky sign ; hence the proverb, "yKavt^ 
 hrarai, " the owl is out," i. e. we have good luck. 
 Other animals appearing unexpectedlj', especially 
 to travellers on their road (fv65ia <rvfi@o\a), were 
 also thought ominous ; and at Athens it was con- 
 sidered a very unlucky omen, when a weasel ap- 
 peared during the assembly of the people. (Aristoph. 
 JScclci. 793.) Superstitions of this kind are still 
 met with in several Eui'opean countries. Various 
 other means were used to ascertain the will of the 
 gods, such as the atS-ripofiavTeia, or divination by 
 placing straws on red hot iron ; the fioAvSfiavTela, 
 by observing the figures which melted lead fonned ; 
 the fioTavo/xavTeia, or divination by writing one's 
 own name on herbs and leaves, which were then 
 exposed to the wind, &c. 
 
 Of greater importance than the appearance of 
 animals, at least to the Greeks, were the phenomena 
 in the heavens, particularly during any public 
 transaction. They were not only observed and 
 interpreted by private individuals in tlieir own 
 affairs, but by the public magistrates. The Sjiartan 
 ephors, as we learn from I'lufairch {Aycail. 1 1 ), 
 made regular observations in the heavens every 
 ninth year during the night ; and the family of 
 the Pythaistae, of Athens, made similar observ- 
 ations every j'ear before the theoris set sail for 
 Delos. (MUller, Dorians, ii. 2. § 14.) Among 
 the unlucky phenomena in the heavens (Siotrr/^eia, 
 siima, or portenta) were thunder and lightning 
 (Aristoph. £cclcs. 793; Eustath. ad Horn. Od. xx. 
 104), an eclipse of the sun or moon (Thucyd. vii. 
 50), earthquakes (Xen. Hdlen. iv. 7. § 4), rain of 
 blood, stones, milk, &c. (Hom. II. xi. 53. &c. ; Cic. 
 De Divinat. i. 43). Any one of these signs was 
 sufficient at Athens to break up the assembly of 
 the people. (Schomann, De Comit. Ath. p. 146. 
 &c. transl.) In common life, things apparently of 
 no importance, when occurring at a critical mo- 
 ment, were thought by the ancients to be signs 
 sent by the gods, from which conclusions might be 
 drawn respecting the future. Among these common 
 occurrences we may mention sneezing (Hom. Od. 
 xvii. 50 1, with the note of Eustath ; Xen. Anal/. 
 iii. 2. §9 ; Pint. Themist. 13; Ovid, He.ioul. 19. 
 151 ; Propert. ii. 2. 33), twinkling of the eyes 
 (Theocrit. iii. 37; Plant. Pseud. I. ii. 105 ; com- 
 pare Wiistemaun, ad Tlieociit. I. c), tinkling of the 
 ears, and numberless other things which we can- 
 not here enumerate. Some of them have retained 
 their significance with the superstitious multitude 
 down to the present day. 
 
 The art of interpreting dreams (oVeipoffoAi'a), 
 which had probably been introduced into Europe 
 from Asia, where it is still a universal practice, 
 seems in the Homeric age to have been held in 
 high esteem ; for dreams were said to be sent by 
 Zeus. (Hom. II. i. 63; ii. init. ; Od. iv. 841 ; xix. 
 457.) In subsequent times, that class of diviners 
 who occupied themselves with the interpretation of 
 dreams, seems to have been very numerous and 
 popular ; but they never enjoyed any protection 
 from the state, and were chiefly resorted to by 
 private individuals. Some persons are said to have 
 gained their livelihood by tliis profession. (Plut. 
 Aristid. 27.) Respecting the oracles which were 
 obtained by passing a night and dreaming in a 
 temple, see Oraculum. 
 
 For further information concerning the art of 
 divination in general, see Cicero's work, Dc Divi- 
 mtiune. The /UofTi/of of tlie Greeks is treated of 
 at some length by Wachsnmth (Hclkn. Alterth. 
 ii. 2. p. 259, &c.). Compare ThiriwaU's Hist, of 
 Greece, i. p. 206. &c. 
 
 The word diviuatio was used in a particular 
 manner by the Romans as a law-term, which re- 
 quires some explanation. If in any case two or 
 more accusers came forward against one and the 
 same individual, it was, as the phrase ran, decided 
 by dicinatio, who should be the chief or real ac- 
 cuser, whom the others then joined as subserip- 
 tores ; i. e. by putting their names to the chai-ge 
 brought against the offender. This transaction, by 
 which one of several accusers was selected to con- 
 duct the accusation, was called divinatio, as the 
 question here was not about facts, but about some- 
 thing which was to be done, and which could not 
 be found out by witnesses or written documents ; 
 so that the judices had, as it were, to divine the 
 course which they had to take. (Asconiusi«^r^«m. 
 ad Cic. Divinat. in Caec. p. 99. ed. OreUi.) Hence 
 the oratio of Cicero, in which he tries to show that 
 he, and not Q. Caecilius Niger, ought to conduct 
 the accusation against Verres, is called Divinatio 
 in Caeciliiim. Compare c. 15 and 20 of the oratio, 
 and Gellius, ii. 4. [L. S.] 
 
 DIVrSOR. [Ambitus.] 
 DIVO'RTIUM, generally a separation, and, in a 
 special sense, a dissolution of marriage A Roman 
 marriage was dissolved by the death of the wife or 
 husband, and by divortium or sepai'ation in the 
 lifetime of the husband and wife. 
 
 Divorce, or the absolute detennination of the 
 marriage relation, always existed in the Roman 
 polity so far back as we know anything of it ; and 
 there might be divorce both in the case of a mar- 
 riage with conventio in manum, and in the case of 
 a marriage when there was no conventio, and con- 
 sequently the relation of the wife to her own 
 familia still continued. The statement of Plutarch 
 (lioinut. 22) that the husband alone had originally 
 the power of effecting a divorce may be true ; but 
 we cannot rely altogether on such an authority. 
 As one essential part of a marriage was the consent 
 and conjugal affection of the parties, it was con- 
 sidered that this affection was necessary to its 
 continuance, and accordingly either party might 
 declare his or her intention to dissolve the con- 
 nection. No judicial decree, and no interference 
 of any public authority, was requisite to dissolve a 
 marriage. FiliifamiUas, of course, required the 
 consent of those in whose power they were. The 
 first instance of divorce at Rome is said to have 
 
DIVORTIUM. 
 
 AOKIMASI'A. 
 
 349 
 
 occurred about b. c. 234, when Sp. Carvilius Ruga 
 put away his wife (A. Gell. iv. 3 ; xvii. 21 ; 
 Val. Max. ii. 1. § 4) on the ground of barren- 
 ness : it is added, that his conduct was generally 
 condemned. The real meaning of the story is 
 explained by Savigny with his usual acuteness 
 (Zeitschrift, &c. v. 269). 
 
 Towards the latter part of the republic, and 
 xmder the empire, divorces became very common. 
 Pompey divorced his wife Mucia for alleged 
 adultery, and his conduct was approved (Cic. Ep. 
 adAtt. i. 12) ; and Cicero speaks of Paula Valeria 
 {Ep. Fam. viii. 7) as being ready to serve her 
 husband, on his return from his province, with 
 notice of divorce. (Compare Juv. vi. 224, &c. ; Mart, 
 vi. 7.) Cicero himself divorced his wife Terentia, 
 after living with her thirty years, and married a 
 young woman. If a husband divorced his wife, 
 the wife's dos, as a general rule, was restored 
 [Dos] ; and the same was the case when the 
 divorce took place by mutual consent. As divorce 
 became more common, attempts were made to 
 check it indirectly, by affixing pecuniary penalties 
 or pecuniary loss to the party whose conduct 
 rendered the divorce necessarj'. This was part of 
 the object of the lex Papia Poppaea, and of the 
 rules as to the retentio dotis, and judicium morura. 
 There was the retentio dotis propter liberos, when 
 the divorce was caused by the fault of the wife, 
 or of her father, in whose power she was : three- 
 sixths of the dos was the limit of what could be so 
 retained. On account of matters morum graviorum, 
 such as adultery, a sixth part might be retained ; 
 in the case of matters morum leviorum, one eighth. 
 The husband, when in fault, was punished by 
 being required to return the dos earlier than it 
 was otherwise returnable. After the divorce, 
 either party might marry again. 
 
 By the lex Papia Poppaea, a freedwoman who 
 had married her patronus could not divorce her- 
 self ; there appears to have been no other class of 
 persons subjected to this incapacity. 
 
 CoiTesponding to the forms of marriage by con- 
 farreatio and coemtio, there were the forms of 
 divorce by diffarreatio and remancipatio. Accord- 
 ing to Festus (s. V. Diffarreaiio).,A\fiama.i\o was a 
 kind of religious ceremony so called, " quia ficbat 
 farreo libo adhibito," by which a marriage was dis- 
 solved ; and Plutarch (Quaest. Rom. 50) has been 
 supposed to allude to this ceremony in the case of 
 a divorce between the flamen dialis and his wife. 
 It is said that originally marriages contracted by 
 confarreatio were indissoluble ; and in a later age, 
 this was the case with the marriage of the flamen 
 dialis (Gell. x. 15), who was married by confar- 
 reatio. In the case referred to by Plutarch, the 
 emperor authorised the divorce. A marriage by 
 coemtio was dissolved by remancipatio (Festus, 
 s. V. Rema?icipaiam). In course of time, less 
 ceremony was used ; but still some distinct notice 
 or declaration of intention was necessary to con- 
 stitute a divorce : the simple fact of either part}' 
 contracting another marriage was not a legal 
 divorce. (Cic. Orat. i. 40.) The ceremony of 
 breaking the nuptiales tabulae (Tacit. An?i. xi. 30), 
 or of taking the keys of the house from the wo- 
 man and turning her out of doors, were probably 
 considered to be acts of themselves significant 
 enough, though it may be presumed that they were 
 generally accompanied with declarations that could 
 not be misunderstood. The general practice was 
 
 apparently to deliver a written notice, and perhaps 
 to assign a reason. In the case of Paula Valeria, 
 mentioned by Cicero, no reason was assigned. By 
 the Lex Julia de Adulteriis, it was provided that 
 there should be seven witnesses to a divorce, Ro- 
 man citizens of full age (pubcres), and a freedman of 
 the party who made the divorce. 
 
 Under the Christian emperors, divorce was 
 punished in various ways ; but still the power of 
 divorce remained, as before, subject to the observ- 
 ance of certain forms. Theodosius and Valenti- 
 nian III., and subsequently Justinian, made 
 various laws, by which punishment was imposed, 
 not only on the pai'ty who gave good cause for the 
 divorce, or who without any good cause made a 
 divorce, but also on both parties when they dis- 
 solved the marriage by agreement without good 
 legal cause. The penalties in such cases varied 
 with the circumstances ; they were both pecuniary 
 and personal. 
 
 The tenn repudium, it is said, properly applies 
 to a marriage only contracted [Sponsalia], and 
 divortium to an actual marriage (Dig. 50. tit. 16. 
 s. 101. 191); but sometimes divortium and re- 
 pudium appear to be used indifferently. The 
 phrases to express a divorce are, nuncium remit- 
 tere, divortium facere ; and the form of words 
 might be as foUow — " Tuas res tibi habeto, tuas 
 res tibi agito." (Cic. Phil. ii. 28.) The phrase 
 used to express the renunciation of a marriage 
 contract were, renuntiare repudium, repudium 
 remittere, dicere, and repudiare ; and the form of 
 words might be, " Conditione tua non utor." 
 ( Dig. 24. tit. 2 ; Ulp. Frag. vi. ; Heinecc. 
 Syntaijma.) [G. L.] 
 
 For the subject of Greek divorce, see 'AIIOAEI'- 
 VY.at AI'KH, and Marriage (Greek). 
 
 AO'KANA (tcE: from Sokos, a beam) was an an- 
 cient symbolical representation of the Dioscuri 
 (Castor and Polydeuces), at Sparta. It consisted 
 of two upright beams with others laid across them 
 transversely. (Plut. De Amor. Frair. I. p. 36.) 
 This rude symbol of fraternal unity evidently 
 points to a very remote age, in which scarcely any 
 attempts in sculpture can have been made. At a 
 later time, when works of art were introduced into 
 all the spheres of ordinary life, this rude and an- 
 cient object of worship, like many others of its 
 kind, was not superseded by a more appropriate 
 symbol. The Dioscuri were worshipped as gods of 
 war, and we know that their images accompanied 
 the Spartan kings whenever they took the field 
 against an enemy. But when in the year 
 504 B. c. the two kings, during their invasion 
 of Attica, failed in their undertaking on ac- 
 count of their secret enmity towards each other, 
 it was decreed at Sparta, that in future only one 
 king should command the army, and in conse- 
 quence should only be accompanied by one of the 
 images of the Dioscuri. (Herod, v. 75.) It is not 
 improbable that these images, accompanying the 
 kings into the field, were the ancient 8o«:ara, which 
 were now disjointed, so that one half of the symbol 
 remained at Sparta, while the other was taken into 
 the field by one of the kings. Suidas and the Ety- 
 mologiciun Magnum (s. u.) state that SoKava was 
 the name of the graves of the Dioscuri at 
 Sparta, and derived from the verb Sexo^ai. 
 (MUller, Dorians, i. 5. § 12. note m, ii. 10. § 8 ; 
 Zoega, De Obeliscis, p. 228.) [L. S.] 
 
 AOKIMASl'A. When any citizen of Athens 
 
350 
 
 DOGMATICI. 
 
 DOGMATICI. 
 
 was either appointed by lot, or chosen by suffrage 
 (/(ATjptDToj Koi oiperJi), to hokl a public office, he 
 was obliged, before entering on its duties, to sub- 
 mit to a hoKifiaaia, or scrutiny into his previous 
 life and conduct, in which any person could object 
 to him as unfit. This was the case with the 
 archons, the senators, the strategi, and other magis- 
 trates. The examination, or anacrisis, for the 
 archonship was conducted by the senators, or in 
 the courts of the heliaea. (Wachsmuth, i. part i. 
 p. 2()2.) The SoKtiiaala, however, was not con- 
 fined to persons appointed to public offices ; for we 
 read of the denouncement of a scrutiny (e7ra77eA.ia 
 SoKijuatrias) against orators who spoke in the 
 assembly while leading profligate lives, or after 
 having committed flagitious crimes. This denounce- 
 ment might be made in public by any one irpos 
 SoKi/xatrlau tov /81'ou, i. e. to compel the party com- 
 plained of to appear before a court of justice, and 
 give an account of his life and conduct. If found 
 guilty, he was punished with arifxla, and prohibited 
 from the assemblies. (Schdmann, p. 240 ; Aesch. 
 Timar. p. 5.) 
 
 We will now explain the phrase avZpa flvai 
 SoKt/xauBrjuat. At the age of eighteen, every 
 Athenian became an ephebus, and after two years 
 was enrolled amongst the men, so that he could be 
 present and vote at the assemblies. (Poll. viii. 
 105 ; Schiimann, 70.) In the case of wards who 
 were heirs to property, this enrolment might take 
 place before the expiration of the two years, on it 
 being established by a SoKifj.a(Tla that the youth 
 was physically qualified to discharge any duties the 
 state might impose upon him. If so, he was re- 
 leased from guardianshi|i, and " l)ccame a man " 
 {avTip iyevero, or SoKindadrt), being thereby em- 
 powered to enter upon his inheritance, and enjoy 
 other privileges, just as if he were of the full age 
 of twenty. (Harpocr. s. r. 'EiriSicrej TjS^crai : 
 Demosth. c. Aphob. 857 ; c. Onci. 8(i5 ; e. Step. 
 11.35.) We may add that the statements of the 
 grammarians and orators are at variance on this 
 point ; but the explanation we have given seems 
 the best way of reconciling them, and it agrees in 
 substance with the supposition of Schomann, " that 
 among the Athenians, no one period was appointed 
 for enrolment, provided that it was not done be- 
 fore the attainment of the 18th, nor after the com- 
 pletion of the 20th j-ear." [R. W— n.] 
 DODRANS. [As, p. 102.] 
 DOGMA'TICI (S07//0T1K01'), the oldest of the 
 medical sects of antiquitj-, must not be confounded 
 with the philosophers mentioned by Diogenes 
 Laertius {Dc Vit. Philof. Prooem. 11). They de- 
 rived their name from hoytJ-a, a pliilosophkal tenet 
 or opinion ; because the}' professed to follow the 
 opinions of Hippocrates, whence they were some- 
 times called Hippocralici. Thessalus, the son, and 
 Polybus, the son-in-law, of Hippocrates, were the 
 founders of this sect, about B. (;. 400, which en- 
 joyed a great reputation, and held undisputed sway 
 over the whole medical profession, till the estab- 
 lishment of the Alexandrian school of philosophy 
 called Empirici. [Empirici.] After the rise of 
 this sect, for some centuries every physician ranged 
 himself under one or other of the two parties. 
 The different arguments brought forward on each 
 side are stated with such clearness and elegance 
 by Celsus (Z>c Medie. Praefat. in lib. i.), that the 
 passage relating to the dogmatici is here given at 
 full length, and the objections of the other party in 
 the article Empirici. 
 
 The Dogmatici held that it was necessary to be 
 acquainted with the hidden causes of diseases, as 
 well as the more evident ones; and to know how 
 the natural actions and different functions of the 
 human body take place, which necessarily sup- 
 poses a knowledge of the interior parts. They 
 gave the name of Idilden causes to those which 
 concern the elements or principles of which our 
 bodies are composed, and the occasion of good or 
 ill health. It is impossible, said they, for a per- 
 son to know how to set about curing an illness 
 unless he knows what it comes from ; since there 
 is no doubt that he must treat it in one way, if 
 diseases in general proceed from the excess or de- 
 ficiency of one of the four elements, as some philo- 
 sophers have supposed ; in another way, if all the 
 malady lies in the humours of the body, as 
 Herophilus thought ; in another, if it is to be 
 attributed to the respiration, according to the idea 
 of Hippocrates ;* in another, if the blood excites 
 inflammation by passing from the veins which are 
 meant to contain it into the vessels that ought only 
 to contain air, and if this inflammation produces 
 the extraordinary movement of the blood that is 
 remarked in fever, according to the opinion of 
 Erasistratus ; and in another, if it is by means of 
 corpuscles which stop in the invisible passages 
 and block up the way, as Asclepiades affirms to 
 be the case. If this be granted, it must neces- 
 sarily appear that of all physicians he will succeed 
 the best in the cure of diseases who understands 
 best their first origin and cause. The dogmatici 
 did not deny the necessity of experiments also ; 
 but they said that these experiments could not be 
 made, and never had been made, but by reasoning. 
 They added, that it is probable that the first men, 
 or those who first applied themselves to medicine, 
 did not recommend to their patients the first thing 
 that came into their thoughts ; but that they de- 
 liberated about it, and that experiment and use 
 then let them know if they had reasoned justly 
 or conjectured happily. It mattered little, said 
 they, that people declared that the greater number 
 of remedies had been the subject of experiment 
 from the first, provided they confessed that these 
 experiments were the results of the reasoning of 
 those who tried the remedies. They went on to 
 saj-, that we often see new sorts of diseases break 
 out, for which neither experiment nor custom has 
 yet found out any cure ; and that, therefore, it is 
 necessary to observe whence they came and how 
 they first commenced, for otherwise no one can 
 tell why in such an emergency he makes use of 
 one remedy rather than another. Such, according to 
 the dogmatici, are the reasons why a physician 
 ought to try and discover the hidden causes of dis- 
 eases. As for the evident causes, which are such 
 as can easily be discovered by anybody, and whore 
 one has only to know if the illness proceeds from 
 heat or from cold, from having eaten too little or 
 too much, and the like, they said it was necessary 
 to inform oneself of all that, and make on it the 
 suitable reflections ; but the\^ did not think that 
 one ought to stop there without going any farther. 
 They said again, with regard to t/te natural actions, 
 that it was necessary to know wherefore and in 
 what manner we receive the air into our lungs, 
 
 * Alluding, probably, to the work Uepl ^vrrwy, 
 Dc Flatihus, which is generally considered to be 
 spurious. 
 
DOGMATICI. 
 
 DOLABRA. 
 
 351 
 
 and why wo afterwards expire it ; why food is 
 taken into the body, how it is there prepared, and 
 then distributed through every part of it ; why 
 the arteries are subject to pulsation ; what is the 
 cause of sleep, wakefulness, &c. : and they main- 
 tained that a man could not cure the diseases re- 
 lating to these several functions, unless he were 
 able to explain all these phenomena. To give an 
 example tiiken from the process of digestion : — 
 The food, said these physicians, is either ground 
 in the stomach, as Erasistratus thought ; or it 
 putrifies, according to the notion of Plistonieus, a 
 disciple of Praxagoras ; or it is concocted by a 
 peculiar heat, as was the opinion of Hippocrates ; 
 or else, if we are to believe Asclepiades, all these 
 opinions are equally erroneous, and nothing is con- 
 cocted, but the alimentary matter is distributed 
 throughout the body in the same crude state in 
 which it was taken into the mouth. However 
 much they differ on this point, they all agree that 
 the sort of nourishment proper for a sick person 
 will vary according as one or other of these 
 opinions be supposed to be the true one. For if 
 the food is ground to pieces, we must choose that 
 kind which is most easily ground ; if it putrifies, 
 we must give what putrifies most quickly ; if it is 
 concocted by heat, we must prefer such as is most 
 apt to excite heat ; but if it is not concocted, we 
 need not select any of the above-mentioned kinds 
 of food, but rather such as will remain as it is 
 eaten and change the least. And in the same way 
 they argued that, when the breathing is aft'ectcd, 
 or there is too great sleepiness or wakefulness, if a 
 physician understands thoroughly the nature of 
 these phenomena, he will be able to cure the dis- 
 eases connected with them. Lastly, they main- 
 tained that as the principal pains and diseases 
 proceed from the internal parts, it is impossible 
 for a person to administer any remedy unless he 
 is acquainted ^vith these parts. They therefore 
 contended that it was necessary to open dead 
 bodies and examine the different viscera ; but that 
 it was much the best way to do as Herophilus 
 and Erasistratus, who used to dissect alive the 
 criminals condemned to death that were put into 
 their hands, and who were thus enabled to behold 
 during life those parts which nature had concealed, 
 and to contemplate their situation, colour, figure, 
 size, order, hardness or softness, roughness or 
 smoothness, &c. They added, that it is not pos- 
 sible, when a person has any internal illness, to 
 know what is the cause of it, unless one is exactly 
 acquainted with the situation of all the viscera, nor 
 can one heal any part without understanding its 
 nature ; that when the intestines protrude through 
 a wound, a person who does not know what is 
 their colour when in a healthy state cannot dis- 
 tinguish the sound from the diseased parts, nor 
 therefore apply proper remedies, while, on the con- 
 trary, he who is acquainted with the natural state 
 of the diseased parts will undertake the cure with 
 confidence and certainty ; and that, in short, it is 
 not to be called an act of cruelty, as some persons 
 suppose it, to seek for the remedies of an immense 
 number of innocent persons in the sufferings of a 
 few criminals. 
 
 Such were their 6pinions, and the arguments by 
 which they supported them. Additional inform- 
 ation on the subject may be found in various parts 
 of Galen's works. (See De Differ. Puis. iv. 3. 
 p. 721. ed. Kuhn ; De Meth. Med. iii. 1, 3. p. 159. 
 
 lf!"2. 184; De Comjws. JMcdicam. per Gen. ii. 1. 
 p. 4()3 ; Introd. cap. ii. p. 677.) [W. A. G.] 
 
 DOLABRA, dim. DOLABELLA (<r/ii'A.T7, dim. 
 fffiiXlov), a chisel, a celt. 
 
 For the purpose of planing and polishing wood, 
 the ancients either used the adze, which was im- 
 pelled in the direction exhibited in the woodcut at 
 page 103 [Ascia], or the chisel, which was forced 
 in the opposite direction, i. e. from the body of the 
 workman, as shown in the woodcut at page 51. 
 On account of the use of these tools in ship-build- 
 ing, Juvenal (xii. 57) describes the merchant as 
 trusting his life " ligno dolato." Statues also were 
 made by the application of the chisel. " E robore 
 dolatus" (Cic. Acad. iv. 31), " truncus dolamine 
 effigiatus" (Apul. Florid, ad itiit.). 
 
 The chisel used by stone-masons is represented 
 at the bottom of the monument, which is the sub- 
 ject of the woodcut to the article Circinus (p. 
 '229). Ashlar, i. c. stone adapted to be cut and 
 smoothed by the chisel, was called "lapis dolabilis." 
 A Greek epigram represents the inscription on a 
 marble tomb as engraved by the strokes of the 
 chisel (AaoTUTToij ajxiKais KiKoKafifXiVov, Bnmck, 
 Anal. i. 491), and such letters are called (TixiMurcL 
 ■yQafiimra {Iliid. iii. 497). 
 
 Dolabrae were also much employed in the opera- 
 tions of horticidture and agriculture. A small 
 sharp chisel was used to cut out the dead wood 
 from the trunk of the vine ; an instrament of the 
 same form, though of coiu-se much more blunt and 
 rough, and yet called by the same name {dohbeUa), 
 was employed to stir up the ground about its roots. 
 (Colura. De Re Runt. iv. 24, 2G. De Arbor. 10.) 
 This tool was likewise used to refresh the soil in 
 rose-beds (Pallad. iii. 21); and the same term 
 " dolabra" is applied to the spud, or small spade, 
 which the ploughman carried with him to destroy 
 weeds. Hence the ancient glossaries translate 
 dolabra " a tool for digging" {oqv\); and Columella 
 {De Re Rust. ii. 2) says, with a view to this ob- 
 ject, " Nec minus dolabra, quam vomere, bubulcus 
 utatur." 
 
 It must have been in a form very similar that 
 the dolabra was used by the Greek and Roman 
 armies, in making entrenchments and in destroy- 
 ing fortifications. When they made a breach in 
 the wall of a city, the expression is, " Dolabris 
 perfregere murum." (Curt. ix. 5.) In what man- 
 ner the instrument was applied we may infer from 
 the statement of Livy (xxi. 11), that on a certain 
 occasion soldiers were sent " with dolabrae to 
 destroy a wall from its foundation," and that the 
 execution of this task was easy, because the stones 
 of which the wall was built were laid in clay or 
 mud, and not in mortar. It is clear that the use 
 of the chisels in this instance was to insert them 
 between the stones, so as to remove the clay, and 
 in doing this, to loosen and destroy the wall. 
 (Compare Liv. ix. 37 ; Tacit. Hist. iii. 20.) 
 
 Dolabrae abound in our public museums, and in 
 the cabinets of the curious, being known under the 
 equivalent name of " celts" to antiquaries, who, 
 however, generally use the word without under- 
 standing its true sense. (See Jamieson's Etym. 
 Diet. s. V. Celt.) " Celtes" is an old Latin word 
 for a chisel, probably derived from coelo, to en- 
 grave. Thus the phrase " celte sculpantur in 
 silice" occurs in the vulgate version of Job (xix. 
 24), and " malleolo et celte literatus silex" in an 
 inscription found at Pola. (Gruter, p. 329.) These 
 
352 
 
 DOLABRA. 
 
 articles are for the most part of bronze, more 
 rarely of hard stone. They are chiefly found, as 
 we might expect from the account of their use 
 given by Curtius, Livy, and Tacitus, in ancient 
 earth-works and encampments, and in various in- 
 stances a great number, even more than a hundred, 
 have been discovered together. The sizes and 
 forms which they present, are as various as the 
 uses to which they were applied. The annexed 
 woodcut is designed to show a few of the most 
 remarkable varieties. Fig. 1 is from a celt found, 
 with several others, and with a number of Roman 
 coins, at Kiimbre in Cornwall. (Borlase, Ant. of 
 Cornu-all, iii. 1.3.) Its length was six inches 
 without the haft, which was no doubt of wood, 
 and fixed directly into the socket at the top. It 
 must have been a verj' effective implement for re- 
 moving the stones in the wall of a city or fortifi- 
 cation, after they had been first shattered and 
 loosened in some degree by the battering-ram. The 
 ear, or loop, which is seen in this and many other 
 celts, would be useful to suspend them from the 
 soldier's girdle, and may also have had a cord or 
 chain attached to it to assist in drawing back the 
 celt, whenever it became too firmly wedged be- 
 tween the stones of the wall which it was intended 
 to destroy. 
 
 Figs. 2 and 3 are from Sir W. Hamilton's collec- 
 tion in the British Museum. These chisels seem 
 best adapted for the use of the carpenter. The 
 celt (fig. 4) which was found in Furness, co. 
 Lancaster {^Arcluiclogia^y. p. 106), instead of being 
 shaped to receive, or to be inserted into a handle, 
 like the three preceding, is made thick, smooth, 
 and round in the middle, so as to Vje conveniently 
 manipulated without a handle. It is 9 inches 
 long, and weighs 2 lb. 5 oz. Its sharp edge is 
 like that of a common hatchet, and may have 
 been used for polishing timber. 
 
 On the other hand, figs. 5, 6, 7, exactly resemble 
 the knife now used by leather-cutters, and there- 
 fore illustrate the account given by Julius Pollux, 
 who reckons this same tool, the ofiiAri, among the 
 fgya\(ia tov aKvroTofJ-ov. This instrument was 
 also used for cutting paper, and probably in the 
 same manner. ((r/tiAa xagTOTOjxos, sicila, Philox. 
 Gloss.) 
 
 The following woodcut shows a small bronze 
 celt, fixed into a handle of stag's horn, and there- 
 fore exemplifies one of the modes of attaching the 
 metal to its haft. It was evidently adapted for 
 very fine work, and is strongly contrasted with 
 the above-figured celt from Cornwall. It was 
 found in an ancient tomb in Wiltshire. (Sir. R. 
 C. Hoare's Anc. Wilts. South, p. 182. 203.) The 
 two other figures in this woodcut represent the 
 knife used in sacrifices, as it is often exhibited on 
 cameos and bas-reliefs, being the " scena " " sacena," 
 or"dolabra pontificalis," mentioned by Festus (s.o. 
 
 DOMINIUM. 
 
 Sccna) ; and the " securis dolabrata," or hatchet 
 furnished with a chisel (Pallad. De Re Rust. i. 43) 
 as sculptured on a funereal monument. [J. Y.] 
 
 AO'AIXOS. [Stadium.] 
 
 DO'LIUM, a cylindrical vessel, somewhat re- 
 sembling our tubs or casks, into which new 
 wine was put to let it ferment. It was at first 
 made of earth. In the time of Pliny wood docs 
 not appear to have been used for this purjiose 
 either in Greece or Rome. At a later period dniia 
 were made of wood, held together with hoops. 
 Palladius (x. 11) speaks of doliu containing two 
 hundred cmir/ii: it is incredible that such large 
 vessels were made of earth. The shape preferred 
 for flolia was long, and of a small diameter. Im- 
 mediately after they were made they were 
 covered with pitch, ' and subjected to a further 
 preparation, after which they were filled with 
 wine, but not quite to the brim, and placed in 
 a chamber {cella iniiaria), which was at least 
 high enough above the earth to have windows. 
 Here the dolia either stood on the ground or 
 were let into it (deinersa, depressa, or defossa). 
 Wine which would not keep long was drunk from 
 the doliu; that which improved by keeping was 
 transferred from them to amplwrae. The cvpa and 
 seriae were vessels like the dolia, and used for the 
 same purpose. (Becker, 6'«/te,ii. 166, &c.) [P.S.] 
 
 DE DOLO MALO ACTIO. [Culpa.] 
 
 DOLUS MALUS. [Culpa.] 
 
 DOMI'NIUM. Dominium signifies quiritarian 
 ownership, or property in a thing ; and dominus, 
 or dominus legitimus, is the owner. Possessor is 
 often used by Roman writers as equivalent to 
 owner ; but this is not a correct use of the word. 
 In like manner, " to have ownership" is sometimes 
 expressed by " possidere ;" and the thing in which 
 there is property is sometimes called " possessio." 
 (See Savigny's remarks on the subject. Das Rechf 
 des Besitzes, p. 85.) 
 
 The complete notion of property or ownership 
 comprehends the determination of the things 
 which may be the objects of ownership ; the power 
 which a man may have over such objects, both as 
 to duration of time and extent of enjoyment ; the 
 modes in which ownership may be acquired and 
 lost ; the persons who are capable of acquiring, 
 transferring, or losing ownership. 
 
DOMINIUM. 
 
 DOMINIUM. 
 
 3.53 
 
 Res 19 the general name for anything. The 
 i chief division of res is into res divini juris, and 
 res humani juris. Res divini juris are those 
 which are appropriated to religious purposes, 
 namely, res sacrae, sanctae, religiosae ; and so long 
 as they have this character, they cannot be ob- 
 jects of property. Res humani juris are all other 
 things that can be the objects of property ; and 
 they are either res publicae or res privatae. Res 
 publicae belong to the corporation of the state, and 
 can only become private property by being de- 
 prived of this public character. [Agrariae 
 Leges.] Res universitatis are the property of a 
 corporate Ijody, which arc not tlie property of any 
 individual of the corporation. The phrase res 
 nuUius is ambiguous ; it sometimes means that the 
 thing cannot be tlie property of any individual, 
 which is affirmed of things divini juris ; when ap- 
 plied to things humani juris, it sometimes means 
 that they are not the property of an individual but 
 of a body; yet such tilings ma;i become the pro- 
 perty of an individual ; res hereditariae are res 
 nullius until there is a heres. Res communes are 
 those which cannot be tile objects of property, and 
 therefore are res nullius, as the sea. 
 
 Res corporales are defined to be those " quae tangi 
 possunt :" incorporates are those " quae tangi non 
 possunt, sed in jure consistunt," as Hereditas, 
 UsusFRUCTUS, Oblkjationes ; and they are con- 
 sequently incapable of tradition, or delivery. 
 
 Corporeal things are divided into iramobiles, or 
 [, solum et res soli, and mobiles. The class of things 
 ji " quae pondere, numero, niensura constant," arc 
 such things as wine, oil, com, silver, gold, which 
 are of such a nature that any the same number, 
 weight, or measure, may be considered the same 
 thing. [MuTUUM.] There is another class of 
 res, consisting of those " quae usu consumuntur, 
 minuuntur," and those " quae non," which may or 
 may not be the same as things " quae numero," &c. 
 
 A thing may either be a unity, singula res, or 
 it may be several things of the same kind, siiigulae 
 res. Or it may be a thing compounded of many 
 various things, universitas, by which is understood 
 a whole property, all that a person has, without 
 respect to its component parts, and with all the 
 rights and obligations attached to it. 
 
 The division of things into res mancipi and res 
 nec mancipi, was one of ancient origin ; and it con- 
 tinued to a late period in the empire to be an im- 
 portant distinction. Res mancipi are not further 
 known than by an enumeration of them, which is 
 perhaps imperfect (UIp. Frag, xix.) : they are 
 praedia in Italico solo, both rustic and urban ; also 
 jura rusticoium praediomm or servitutes, as via, 
 iter, aquaeductus ; also slaves, and four-footed ani- 
 mals, as oxen, horses, &c., quae collo dorsove 
 domantur. Other things were nec mancipi. 
 
 All the things have been enumerated which are 
 the subject of dominium, and some which are not. 
 Every dominus has a right to the possession of the 
 thing of which he is dominus ; but possession 
 alone, which is a bare fact without any legal 
 character, neither makes a man dominus, nor does 
 the want of possession deprive him of dominium. 
 Possession has the same relation to a legal right to 
 a thing, as the physical power to operate upon it 
 has to the legal power; and accordingly the doctrine 
 of possession precedes that of ownership. Things 
 cannot be the objects of possessio civilis which 
 cannot be the objects of dominium. 
 
 The class of things called jura in re, are not 
 properly subjects of ownership {Joiui/nuin), though 
 a claim to them is prosecuted by an actio in rem: 
 they are servitutes, emphyteusis, superficies, and 
 pignus and hypotheca. 
 
 Dominium properly signifies the right of dealing 
 with a corporeal thing as a person {dominua) 
 pleases ; this, of course, implies tlie right to ex- 
 clude all others from meddling with it. The do- 
 minus has the right to possess, and is distinguished 
 in that respect from the bare possessor, who has 
 only the right of possession. The term dominium 
 is sometimes (improperly) extended to jura in re, 
 and sometimi's he who takes as heres is called 
 dominus hereditatis. Jura, or jura in re, are, how- 
 ever, detached parts of property which are opposed 
 to dominium, as the totality of all the rights of 
 property. Even the ususfructuarius is never con- 
 sidered as owner, and proprietas is the name for 
 that which remains after the ususfructus is deducted 
 from the ownership. Ownership may be either 
 absolute, that is, as complete as the law allows 
 any ownership to be, or it may be limited. The 
 distinction between bare ownership and ownership 
 united with the beneficial interest, is explained 
 in another place. [Bona.] A person who has 
 no ownership of a thing, may have rights in a 
 or to a thing (jifu in re ), which, as far as they 
 extend, limit the owner's power over his property. 
 Ownership being in its nature single, can only be 
 conceived as belonging to one person ; consequently 
 there cannot be several owners of one thing, but 
 several persons may own undivided shares or parts 
 of a thing. 
 
 In order to acquire ownership, a person must 
 have a legal capacity to acquire ; and ownership 
 may be aciiuired by such a person, or by another 
 for him. Tliere must also be a thing which can 
 be the object of such ownership, and there must 
 be a legal mode of acquisition [aajuisilio civilis). 
 Ownership maybe acquired in single things (ac- 
 (j» initio rvnim ai/ii/ulaniiii), or it may be acquired 
 in a number of things of different kinds at once 
 (<icijiiisilii> prr uiiiL'crsitatriii),\n which case a person 
 acquires them not as individual things, but as parts 
 of a whole. The latter kind of acquisition is either 
 successio inter vivos, as in the case where a man 
 adrogates another, and so becomes the owner of all 
 the adrogated person's property (Gains, iii. 21) ; 
 or it is successio mortis causa, as in the case of a 
 testamentary heros, or a heres ab intestato. 
 
 Acquisitiones per universitatem are properly dis- 
 cussed under other heads [Adoptio ; H 
 Universitas]. The following remarks apply to 
 acquisitiones rermn singnlarum. Acquisitiones were 
 either civilcs {ex jure civili) ; or naturales (ejrjure 
 f/entium), that is, there was no foniiality prescribed 
 for the mode of acquisition: in both cases domi- 
 nium could be acquired. The civiles acquisitiones 
 of single things were by maneipatio ; in jure cessio, 
 and usucapio : those naturali jure were by traditio 
 or delivery. In the ease of res mancipi, the only 
 modes of acquiring dominium were maneipatio, in 
 jure cessio, and usucapio; but usucapio applied also 
 to things nec mancipi. The alienation of things 
 nec mancipi was the peculiar ett'ect of traditio, or 
 bare delivery (Ulp. Frtit/. xix. 8), and if there was 
 a jiista causa, dominium was thus acquired ; for 
 traditio, in the case of a thing mancipi, merely 
 made it in hoyiis, and the ownership continued un- 
 changed. The notion that in the case of res nec 
 
 2 A 
 
354 
 
 DOMINIUM. 
 
 DONARIA. 
 
 mancipi, bare tradition did not confer qnirltarian 
 ownership or dominium, is erroneous; for when 
 the Roman law did not require peculiar forms, the 
 transfer of ownership was effected in what may be 
 called the natural way, that is, the simplest and 
 most easy way in which the parties to the act 
 could show their mcaninf; and carry it into etfeet. 
 
 A man who was dominus of a thing, whether 
 acquired jure civili or naturali, prosecuted his right 
 to it in the same way, by the rei vindicatio. He 
 could not of course prosecute such a right unless 
 he was out of possession ; and, in order to succeed, 
 he must prove his ownership. If he had a thing 
 in bonis, and was in possession, he acquired tlie 
 ownership by usucapion : if he was out of possession, 
 it seems not an improbable conjecture of Unter- 
 liolzner {Rlicin. Mus. fur Jurispnui. Erster Juhr- 
 gang, p. 129), that he was aided in his action, 
 after the time when the legis actiones fell into dis- 
 use and the fonnula was introduced (for as to a 
 previous time it is difficult to fomi any conjecture), 
 by the fiction of his having received the property 
 mancipatione. There are examples of a similar 
 fiction in the case of the bonoram possessor 'and 
 the bonorum emtor. (Gains, iv. 34, 35.) A man 
 could only dispose of a legacy by liis will per vin- 
 dicationem (Ulp. Frag. xxiv. 7) when he had the 
 dominium of it: otherwise he could only give it 
 per damnationem or sinendi modo. A slave who 
 was the property of his master (ilominus) miglit 
 attain the Roman civitas by the act of manumis- 
 sion: if he was only in bonis of the person who 
 manumitted him, he became only a Latinus by the 
 act of manumission. The difference between quiri- 
 tarian ownership and in bonis was destroyed by 
 the legislation of Justinian, who declared in bonis 
 to be complete ownership. 
 
 Some modem writers enumerate in addition to 
 the civiles acquisitiones here enumerated, addictio, 
 emtio sub coron;i, sectio bonorum, adjudicatio, and 
 lex, by which last they understand those circum- 
 stances under which some special enactment gives 
 property to a person, and caducum [Caducum] is 
 mentioned as an instance. 
 
 A bonae fidei possessio was not ownership (do- 
 minium), nor was it the same as in bonis. The 
 two things are distinguished by Ulpian {Frag. 
 xix. 20, 21). A bonae fidei possessor had a capa- 
 city for acquiring by usucapion the owTiership of 
 the thing possessed. He had a kind of action, 
 actio publiciana in rem, by which, if he lost 
 the possession before he had acquired the owner- 
 ship by usucapion, he could recover it against all 
 but the owner, in which latter respect he differed 
 from him who had a thing in bonis, for his claim 
 was good against the person who had the bare 
 ownership. 
 
 As to fundi provinciales, it was an old prin- 
 ciple of Roman laiV that there could be no domi- 
 nium in them, that is no quiritarian ownership 
 [Agrariae Leges] ; nor were they said to be in 
 bonis, but the occupier had possessio and ususfruc- 
 tus. In fact the tenns dominium and in bonis 
 were not applicable to provincial lands, nor were 
 the fictions that were applicable to things in bonis, 
 applicable to provincial lands ; but it is an ingeni- 
 ous conjecture of Unterholzner, that the fommla 
 actionis was adapted to the case of provincial 
 lands by a fiction of their being Italic lands, com- 
 bined with a fiction of their being acquired by 
 usucapion. In the case of the ager publicus in 
 
 Italy, the dominium was in the Roman people, and 
 the terms possessio and possessor were appropriate 
 to the enjo^nuent and the person by whom the 
 land was enjoyed. Still the property in provincial 
 land was like the property in bonis in Rome and 
 Italy, and it consequently became dominium after 
 the distinction between quiritarian and bonitarian 
 ownership was destroj'ed. 
 
 Ownership was also acquired in the case of oc- 
 cupatio, accessio, &c. [Accessio ; Alluvio ; 
 
 CONFUSIO.] 
 
 A man, who had a legal capacity, could acquire 
 property either himself or by those who were " in 
 potestate,manu,mancipiove." He coidd even acquire 
 thus per universitatem, as in the case of an here- 
 ditas ; and also he could thus actiuire a legacy. If a 
 slave was a man's in bonis, everything that the slave 
 acquired belonged to the owner in bonis, and not to 
 him who had the bare quiritarian ownership. If a 
 man was the " bona fide possessor" of another per- 
 son, whether that person happened to be a freeman 
 supposed to be and possessed as a slave, or was the 
 property of another, the possessor only acquired the 
 ownership of that which the person so possessed ac- 
 quired " ex re possidentis " and " ex operis suis." 
 The same rule applied to a slave in which a man had 
 only the ususfructus ; and the rule was consistent 
 with the rule just laid domi, for ususfructus was 
 not property. Sons who were in the power of a 
 father, and slaves, of course, could not acquire 
 property for themselves. [Peculium.] 
 
 Ownership was lost either with the consent of 
 the owner or against it. With the consent, when 
 he transferred it to another, which was the general 
 mode of acquiring and losing propert}' ; without 
 the consent, when the thing perished, when it be- 
 came the property of another by accession or usu- 
 capion, when it was judicially declared to be the 
 property of another, or forfeited by being pledged. 
 Ownership was not lost by death, for the heres 
 was considered to be the same person as the de- 
 funct. 
 
 As certain persons had not a capacity to acquire, 
 so some persons had not a liability to lose when 
 others had. Thus the property of a pupillus who 
 was in tutela legitima, could not become the pro- 
 perty of another by usucapion ; a fundamental prin- 
 ciple of law which Cicero, with good reason, was 
 surprised that his friend Atticus did not know (Ad 
 Att. i. 5). 
 
 Ownership might be lost by the Maxima capitis 
 diminutio ; when it was the consequence of a con- 
 viction for a capital crime, the property was for- 
 feited to the stiite. [Sectio Bonorum.] The 
 media capitis diminutio only effected an incapacity 
 for quiritarian ownership : the person could stUl 
 retain or acquire property by the jus gentium ; 
 still if the media capitis diminutio was the conse- 
 quence of conviction for a capital crime, it had the 
 same consequences as the Maxima. (Mackcldey, 
 f^hrb/ich, Sic. ; Ueher die Vcrschiedencn Arkm des 
 Figctithums, &c. von Unterholzner, Rhein. Mm. 
 EnUr Jahrg. ; Savignj', Das Redd des Besilzes ; 
 Gains ; Ulp. Frag.) [G. L.] 
 
 DO'MINUS. [Dominium.] 
 
 DOMI'TIA LEX. [Pontipex.] 
 
 DOMUS. [HotsE.] 
 
 DONA'RIA {dvadT^/j-aTa or ava/ceiVera), are 
 names by which the ancients designated presents 
 made to the gods, either by individuals or com- 
 munities. Sometimes they are also called dona or 
 
DONARIA. 
 
 ' Sapa. The belief that the gods were pleased with 
 costly presents, was as natunil to the ancients as 
 the bchef that they could be influenced in their 
 conduct towards men by the offering of sacrifices ; 
 and, indeed, both sprang from the same feeling. 
 Presents were mostly given as tokens of gratitude 
 for some favour which a god had bestowed on man; 
 but some are also mentioned, which were intended 
 to induce the deity to grant some especial favour. 
 At Athens, every one of the six thesmothetae, or, 
 according to Pla.lo{I'haedr. p. 235. d), all the nine 
 archons, on entering upon their office, had to take 
 an oath, that if they violated any of the laws, they 
 would dedicate in the temple of Delphi a gilt 
 statue of the size of the man who dedicated it 
 (^avSpidvTa xputroOj' Icro/xeTgntTOv, see Plut. Sol. 
 25 ; Pollux, viii. 85 ; Suidas, s. r. Xgvtrrj EiKaJr : 
 
 ■ Heraclid. Pont. c. 1). In this last case the ana- 
 thema was a kind of punishment, in which the 
 statue was regarded as a substitute for the person 
 forfeited to the gods. Almost all presents of this 
 kind were dedicated in temples, to which in some 
 places an especial building was added, in which 
 these treasuries were preserved. Such buildings 
 were called briffavpoi (treasuries); and in the moat 
 
 ' frequented temples of Greece many states had their 
 • separate treasuries. (Biickh, Utaatsk. i. p. 472.) 
 
 ■ The act of dedication was called dvariBtvai, do- 
 nare, dedicare, or sacrarc. 
 
 The custom of making donations to the gods is 
 , found among the ancients from the earliest times 
 ' of which we have any record, down to the intro- 
 ' duction of Christianity ; and even after that period 
 ' it was, with some modifications, observed b}' the 
 ' Christians during the middle ages. In the heroic 
 ages of Grecian history the anathcmata were of a 
 simple description, and consisted of chaplets and 
 garlands of flowers. A very common donation to 
 the gods seems to have been that of locks of hair 
 (ko'/ht)s avapxai), which youths and maidens, 
 especially young brides, cut off from their heads 
 and consecrated to some deity. (Hom. II. xxiii. 
 ' 141 ; Aeschyl, Chorph. G ; Eurip. Orcsf. ,06 and 
 1427, BaccL 493, Hden. l(l!)3 ; Plut. Tlies. 5 ; 
 Pans. i. 37. § 2.) This custom in some places 
 lasted till a very late period : the maidens of Delos 
 ilrdicated their hair before their wedding to 
 llecaerge (Pans. i. 43. § 4), and those of Megara 
 ti) Iphinoe. Pausanias (ii. 1 1. § 6) saw the statue 
 of Ilygicia at Titane, covered all over with 
 locks of hair which had been dedicated by women. 
 Costly garments (TrcirAoi) are likewise mentioned 
 among the earliest presents made to the gods, 
 especially to Athena and Hera. (Hom. //. vi. 
 293. 303.) At Athens the sacred irU\os of 
 Athena, in which the great adventures of ancient 
 heroes were worked, was woven by maidens every 
 fifth year, at the festival of the great Panathenaea. 
 ['APPH^O'PIA.] (Compare Aristoph. Av. 792 ; 
 PoUux, vii. 50 ; Wesseling, ad Diod. Sic. ii. p. 
 440.) A similar peplus was woven every five 
 years at Olpnpia, by sixteen women, and dedi- 
 cated to Hera. (Pans. v. 16. § 2.) 
 
 At the time when the fine arts flourished in 
 Greece the anathemata were generally works of 
 art of exquisite workmanship, such as high tripods 
 bearing vases, craters, cups, candelabres, pictures, 
 statues, and various other things. The materials 
 of which they were made differed at different 
 times ; some were of bronze, others of silver or 
 "old (Athen. vi. p. 231, &c.), and their number is 
 
 DONARIA. 355 
 
 to us almost inconceivable. (Demosth. Oli/nfh. iii. 
 p. 35.) The treasures of the temples of Delphi 
 and Olynipi.-i, in particular, surpass all conception. 
 Even Pausanias, at a period when numberless 
 works of art must have perished in the various 
 ravages and plunders to which Greece had been 
 exposed, saw and described an astonishing number 
 of anathemata. Many works of art are still ex- 
 tant, bearing evidence hy their inscriptions that 
 they were dedicated to the gods as tokens of grati- 
 tude. Every one knows of the magnificent presents 
 which Croesus made to the god of Delphi. (Herod, 
 i. 50, &.C.) It was an almost invariable custom, 
 after the happy issue of a war, to dedicate the 
 tenth part of the spoil {aKpddiviov, aKpoKeiov, or 
 vgwToKeiov) to the gods, generally in the form of 
 some work of art. (Herod, viii. 82. 121 ; Thucyd. 
 i. 132 ; Pans. iii. 18. § 5 ; Athen. vi. p.231,&c.) 
 Sometimes magnificent specimens of armour, such 
 as a fine sword, helmet, or shield, were set apart 
 as anathemata for the gods. (Aristoph. E(iuit. 
 792, and Schol.) The Athenians alwaj's dedi- 
 cated to Athena the tenth part of the spoil and 
 of confiscated goods ; and to all the other gods col- 
 lectively, the fiftieth part. (Demosth. c. Timocr. 
 p. 738," &c.; Bcickh, Skmfsk. i. p. 352, &c.) After 
 a seafight, a ship, placed upon some eminence, was 
 sometimes dedicated to Neptune. (Thucyd. ii. 84 ; 
 Herod, viii. 121.) It is not improbable that tro- 
 phies wliich were always erected on the field of 
 battle, as well as the statues of the victors in 
 Olynipia and other places, were originally intended 
 as tokens of gratitude to the god who was su|)- 
 posed to be the cause of the success which the 
 victorious party had gained. We also find that 
 on some occasions the tenth part of the profit of 
 some commercial undertaking was dedicated to a 
 god in the shape of a work of art. Respecting the 
 large and beautiful crater dedicated by the Samians 
 to Hera, see the article KPATH'P. 
 
 Individuals who had escaped from some danger 
 were no less anxious to show their gratitude to the 
 gods by anathemata than communities. The in- 
 stances which occur most frequently, are those of 
 persons who had recovered from an illness, espe- 
 cially by spending one or more nights in a temple 
 of Asclepius {incubutuj). The most celeltrated 
 temples of this divinity were those of Epidauiiis, 
 Cos, Tricca, and at a later period, that of Rome. 
 (Plin. //. N. xxix. 1 ; compare E. A. Wolf, Ver- 
 7uiic/de Sckriftun und Anfi'dlze, p. 411, &c.) Cures 
 were also effected in the grotto of Pluto and 
 Proserpina, in the neighbourhood of Nysa. (Strab. 
 ix. p. 437 ; xiv. p. 649.) In all cases in which a 
 cure was effected presents were made to the 
 temple, and little tablets (tabulae voiivae) were 
 suspended on its walls, containing an account of 
 the danger from which the patient had escaped, 
 and of the manner in which they had been restored 
 to health. Some tablets of this kind, with their 
 inscriptions, are still extant. (Wolf, I. c. p. 424, 
 &c.) Erom some relics of ancient art we must 
 infer, that in some cases, when a particular part of 
 the body was attacked by disease, the person, after 
 his recovery, dedicated an imitation of that part 
 in gold or silver to the god to whom he owed his 
 recovery. Persons who had escaped from ship- 
 wreck usually dedicated to Neptune the dress 
 which they wore at the time of their danger (Hor. 
 Canit. i. 5. 13 ; Virg. Acn. xii. 768); but if they 
 had escaped naked, they dedicated some locks of 
 
 2 A 2 
 
356 DONATIO MORTIS CAUSA. 
 
 their hair. (Lucian, Je Merc. Cond. c. 1. vol. i. p. 
 6o"2. ed. Reiz.) Shipwrecked persons also sus- 
 pended votive tablets in the temple of Neptune, on 
 which their accident was described or painted. 
 Individuals who gave up the profession or occupa- 
 tion by which they had gained their livelihood, 
 frequently dedicated in a temple the instruments 
 which they had used, as a grateful acknowledgment 
 of the favour of the gods. The soldier thus dedi- 
 cated his arms, the fisherman his net, the shepherd 
 his flute, the poet his lyre, cithara, or harp, <SlC. 
 
 It would be impossible to attempt to enumerate 
 all the occasions on which individuals, as well as 
 communities, showed their grateftdness towards 
 the gods by anathemata. Descriptions of the most 
 remarkable presents in the various temples of 
 Greece may be read in the works of Herodotus, 
 Strabo, Pausanias, Athenaeus, and others. 
 
 The custom of making presents to the gods was 
 common to Greeks and Romans, but among the 
 latter the donaria were neither as numerous nor 
 as magnificent as in Greece ; and it was more fre- 
 quent among the Romans to show their gratitude 
 towards a god, by building him a temple, l)y public 
 prayers and thanksgivings (supplicaiio ), or by 
 celebrating festive games in honour of him. than to 
 adorn his sanctuary with beautiful and costly works 
 of art. Hence the word donaria was used by the 
 Romans to designate a temple or an altar, as well 
 as stiitues and other things dedicated in a temple. 
 (Virg. Geoiy. iii. ,533 ; Ovid, Fast. iii. 33.5.] The 
 occasions on which the Romans made donaria to 
 their gods, are, on the whole, the same as those we 
 have described among the Greeks, as will be seen 
 from a comparison of the following passages : — 
 Liv. X. 31) ; xxix. 36 ; xxxii. 30 ; xl. 40. 37 ; 
 Plin. //. iV. vii. 48 ; Suet. C/aiul. 25 ; Tacit. A7i,i. 
 
 iii. 71 ; Plant. Amphitr. iii. ii. 65, Curcul. i. i. 61, 
 II. ii. 10 ; Aurel. Vict. Cacs. 35 ; Gellius, ii. 10 ; 
 Lucan. ix. 515 ; Cic. De Nut. Deor. iii. 37 ; 
 TibuU. ii. 5. 29 ; Horat. Epkt. l i. 4 ; Stat. Silv. 
 
 iv. .92. [L. S.] 
 DONA'TIO MORTIS CAUSA. There were 
 
 three kinds of donatio mortis causa: — 1. When a 
 man under no present apprehension of danger, 
 but moved solely by a consideration of human 
 mortality, makes a gift to another. 2. When a 
 man, being in immediate danger, makes a gift to 
 another in such manner that the thing imme- 
 diately becomes the property of the donee. 3. 
 When a man, under the like circumstances, gives 
 a thing in such manner that it shall become the 
 property of the donee in case the giver dies. Every 
 person could receive such a gift who was capable 
 of receiving a legacy. 
 
 It appears, then, that there were several forms 
 of gift called donatio mortis causa ; but the third 
 seems the only proper one, and that of which men- 
 tion is chiefly made ; for it was a riUe of law that 
 a donation of this kind was not perfected unless 
 death followed, and it was revocable by the donor. 
 A thing given absolutely could hardly be a donatio 
 mortis causa, for this donatio had a condition at- 
 tached to it, namely, the death of the donor and 
 the survivorship of the donee. (Compare Dig. 39. 
 tit. 6. s. 1 and 35.) The thing might be a thing 
 capable of traditio or delivery, or it might be a 
 promise of a sum of monej^ to be paid after the 
 death of the testator. It would appear as if the 
 law about such donations was not free from diffi- 
 culty. They were finally assimilated to legacies in 
 
 DONATIONES INTER VIRUM, ETC. 
 
 aU respects by Justinian, though this had been 
 done in some particulars before his time. Still 
 they differed in some respects from legacies, for 
 such a donation could take effect though there was 
 no lieres ; and a filius familias, who could not make 
 a will, might with his father's consent make a 
 donatio mortis causa. 
 
 The English law of donationes mortis causa is 
 first stated by Bracti)n(ii. c. 26) in the very words 
 of the Digest (36. tit. 6. s. 2, *cc.); and the pre- 
 sent lawis expounded by Lord Hard wicke( Ward »i. 
 Tumer, 2 Vez. 431) ; but what he there states to 
 be the English law is not exactly the law as stated 
 in Bracton. The rules of donationes mortis causa in 
 English law are now pretty well fixed. Tradition 
 or delivery is considered one essential of such a 
 a gift, and the death of the donor is another essen- 
 tial. The gift must not be an absolute gift, but a 
 gift made in contemplation of and to be perfected 
 bv the death of the donor. (Dig. 39. tit. 6 ; Cod. 
 8; tit. 57.) [G. L.] 
 
 DONA'TIO PROPTER NTJPTIAS signifies 
 that which is gi\ en by a husband or by any other 
 person to a woman on the occasion of her mar- 
 riage, whether it be by way of security for her 
 dos, or for her support during the marriage or 
 widowhood. Justinian required this donatio 
 whenever the wife brought a dos, and it was 
 enacted that it should be equal in amount to the 
 dos, and should be increased when the dos was 
 increased. Such a gift was the jiroperty of the 
 wife, but it was managed by the husband, and he 
 was bound to apply it to its proper purposes ; but 
 he could not alienate it even with the consent of 
 the wife. (Cod. v. tit. 3 ; Nov. 97. c. 1 ; 117. 
 c. 4, &c.) [Ct. L.] 
 
 DONATIO'NES INTER VIRUM ET 
 UXOREM. During marriage neither husband 
 nor wife could, as a general rule, make a gift of 
 anything to one another. This rule would, how- 
 ever, only apply where there was no conventio in 
 manum ; for in sucli a case the rule of law would 
 be unnecessary-, because a gift between husband 
 and wife woidd be legally impossible. The reason 
 for this nde was said to be the preservation of the 
 marriage relation in its purity, as a contract sub- 
 sisting by affection, and not maintained by pur- 
 chase or by gift from one party to the other. The 
 reason seems a sina^dar one, but it is that which is 
 given by the Roman writers. It has apparently a 
 tacit reference to the power of divorce, and appears 
 like an implied recommendation of it when the 
 conjugal affection ceases. Donationes of this kind 
 were, however, valid when there were certain con- 
 siderations, as mortis causa, divortii causa, servi 
 manumittendi gratia. By certain imperial consti- 
 tutions, a woman could make gifts to her husband 
 in order to qualify him for certain honours. It 
 must be remembered, that when there was no 
 conventio in manum (Gaius, ii. 98), a wife re- 
 tained all her rights of property which she did not 
 surrender on her marriage [Dos], and she might 
 during the man-iage hold property quite distinct 
 from her husband. It was a consequence of this 
 rule as to gifts between husband and wife, that 
 every legal form by which the gift was affected to 
 be transferred, as mancipatio, ccssio, and traditio, 
 conveyed no ownership ; stipulationes were not 
 binding, and acceptilationes were no release. A 
 difficulty might remain as to usucapion ; but the 
 law provided for this also. If a woman received 
 
DORSUARIUS. 
 
 from a third person the property of her husband, 
 and neither the third person nor she nor her hus- 
 band knew that it was the husband's property, 
 she might acquire the ownership by usucapion. 
 If both the giver and the husband knew at the 
 time of the gift that it was the husband's property, 
 and the wife did not know, it might also liecouie 
 her propert}- by usucapion ; but not if she knew, 
 for in that case the bona tides which was essential 
 to the commencement of possession was wanting. 
 If, before the ownership was acquired by usucapion, 
 the husband and wife discovered that it was the 
 Inisband's, though the husband did not choose to 
 claim it, there was no usucapion ; fortius would have 
 been a mere evasion of the law. If, before the owner- 
 ship was acquired by usucapion, the wife alone 
 discovered that it was the husband's property, this 
 would not destroy her right to acquire the pro- 
 perty by usucapion. This, at least, is Savigny's 
 ingenious explanation of the passage in Digest 
 24. tit. I. s. 44. The strictness of the law 
 as to these donations was relaxed in the time 
 of S. Severus, and they were made valid if the 
 donor died first, and did not revoke his gift be- 
 fore death. There were also some exceptions as to 
 the general rale, which it is not necessary to 
 particularise here. (L>ig. 24. tit. I ; Savigny, 
 Zcihchiift, &c. i. p. 270.) [G. L.] 
 
 D( )N ATI' V UM. [CoNGiARiu,M.] 
 
 DORMITU'KIA. [House.] 
 
 AnPOAOKI'AS rPA*H'. [AEKA2M0'2.] 
 
 An'pnN rPA*H'. [aekasmo's.] 
 
 AnPOHENl'A2 rPA*H'. [HENI'A2 rPA*H'.] 
 
 AO'PnEIA or AOPni'A. [Apaturia, p. 56.] 
 
 AO'PnON. [AErnNON.] 
 
 DORSUA'RIUS. or DOSSUA'RIUS {yano- 
 (pogos), a beast of burthen. 
 
 In the mountainous parts of Italy, where it was 
 impossible to use wheeled carriages, the produce of 
 the country was borne on the backs of quadrupeds. 
 In this manner the com, wine, and oil of Apulia 
 and Calabria were conveyed to the sea-coast by 
 asses, which are described by Varro {IJ</ Re Hi/sf. 
 ii. 6) as "■ aselli dossuarii." In these elevated 
 regions, as we leant from the same author (c. 10), 
 the necessaries of life were brought to the pastoral 
 inhabitants, either by mares, or by any other 
 animal " quod onus dorso ferre possit," an expres- 
 sion designed to explain the etymology of the 
 epithet " dossuarius." (Compare Virg. Oeory. i. 
 ■-V3-275.) 
 
 Beasts of burthen also accompanied the army 
 (Xen. Cyr. vi. 2. § 34), and were used to carry a 
 part of the baggage. In eastern countries the 
 camel has always been employed as a beast of 
 burthen. (Died. Sic. ii. .54 ; iii. 45 ; xvii. 105.) 
 
 The " jumenta dossuaria'' carried their load 
 either by means of panniers (KavBriKia) [Clitel- 
 lae], or of the pack-saddle {adr/tia). From using 
 the latter they were called " equi sagmarii," "" muU 
 sagmarii," &x., whence came the Gennan " sauni- 
 thier," saum-ross," &c., and the English " sump- 
 ter-mide " and " sumpter-horse." (Menage, Did. 
 Etym. V. Sommier. ; Adelung, Glossar. Aluiiimle, 
 T. vi. p. 22— -24.) 
 
 The following woodcut, representing a mule and 
 a camel accompanied by two Scythian or Gothic 
 conductors, is taken from the column which was 
 erected at Constantinople to commemorate the vic- 
 tories of Theodosius I., and of which drawings were 
 made by command of Mahomed II. [J. Y.] 
 
 DOS (GREEK). 357 
 
 AO'PT. [IIasta.] 
 
 DOS (GREEK). Euripides {Med. 23C) makes 
 Medeia complain that, independent of other mis- 
 fortunes to which women were subject, they were 
 obliged to buy their husbands by great sums of 
 money (xpr\H-°^'"'V virepSoAri). On this the Scholiast 
 remarks, that the poet wrote as if Medeia had 
 been his contemporary, and not a character of the 
 heroic ages, in which it was custonuiry for the 
 husband to purchase his wife front her relations, 
 by gifts called eSfa or eeSva, The same practice 
 prevailed in the East during the patriarchal ages 
 {Genes, xxxiv. 2), and Tacitus {Germ. c. 18) says 
 of the ancient Genuans, "Dotem non uxor marito, 
 sed uxori maritus otfert." 
 
 The custom of the heroic times is illustrated by 
 many passages in Homer. Thus, we read of the 
 OTrepeiVia, and ixvpia %tva, or many gifts by which 
 wives were purchased. {Il.x\\. 17B. 190.) Inanother 
 place (//. xi. 243) we are told of a hundred oxen, 
 and a thousand sheep and goats, having been given 
 by a Thracian hero to his maternal grandfather, 
 whose daughter he was about to marry. More- 
 over, the poetical epithet, d\<p€<Ti€oiai (Heyne. //. 
 xviii. 593), applied to females, is supposed to have 
 had its origin in the presents of this sort, which 
 were made to a woman's relatives on her marriage. 
 These nuptial gifts, however, or equivalents for 
 them, were returned to the husl)and in the event 
 of the commission of adultery by the wife, and 
 perhaps in other cases. (0(/. viii. 318.) 
 
 We must not infer from the above facts that it 
 was not usual in those times for relations to 
 give a portion with a woman when she married. 
 On the contrary, mention is made (//. ix. 147) of 
 the jU€i'Aia or niaiTiage gifts which men gave with 
 tlieir daughters (c7r€5a)Ka^), and we are told by 
 xVeschines ( Ofpl XiapaSpecr. 33), of one of the sons 
 of Theseus having received a territory near Am- 
 phipolis as a <pfpv:q or dower with his wife. More- 
 over, both Andromache and Penelope are spoken 
 of, as dKoxot TToXvSwpoi {II. vi. 3!)4 ; Oil. xxiv. 
 294), or wives who brought to their husbands 
 many gifts, which probably would have been re- 
 turned to their relations, in case of a capricious 
 dismissal. {Od. ii. 132.) 
 
 The Doric term for a portion was SwTiVr;, and 
 Miiller {Dur. iii. 10) observes, that we know for 
 certainty that daughters in Sparta had originally 
 no dower, but were married with a gift of clothes 
 only ; afterwards they were at least provided with 
 money, and other personal property (Plut. Lys. 
 30) : but in the time of Aristotle {Polit. ii. 6. § 
 10), so great were the dowers given (Siti to 
 ■npotKas SiSoVai li^yaKas), and so large the number 
 of iir'iKATipoi, or female representatives of families 
 {oIkoi), that nearly two fifths of the whole terri- 
 tory of Sparta had come into the possession of 
 females. The regidations of Solon werej accord- 
 
358 DOS (GREEK). 
 
 ing to Plutarch (Solon), somewhat Bimilar in re- 
 spect of dower to tlie old regulations at Sparta: for 
 the Atlieuian legislator, as he tells us, did not 
 allow a woman, unless she were an eTriKArjpos, 
 to have any (j>epvq or dower, except a few clothes 
 and articles of household furniture. It is plain, 
 however, that such an interference with private 
 rights could not be permanent; and, accordingly, we 
 find that in after times the dowers of women form- 
 ed, according to the account in Bbckh (I'lih. 
 Emit, of Atlietis, ii. 283. transl.), a considerable 
 part of the moveable property of the state : " even 
 with poor people they varied in amount from ten 
 to a hundred and twenty minas. The daughter 
 of Ilipponicus received ten talents at her marriage, 
 and ten others were promised her." This, how- 
 ever, was a very large portion, for Demosthenes 
 (c. Stcph. 111-2. 19, and 1124. 2) informs us that 
 even five talents was more than was usually given ; 
 and Lucian {Dial. Mcret. 7. p. 298. ed. Reitz) 
 also speaks of the same sum as a large dowry. 
 The daughters of Aristeides received from the 
 state, as a portion, only thirty minae each. (Plut. 
 Aris. 27 ; Aesch. c. Ctfs. p. 90.) We may observe 
 too, that one of the chief distinctions between a 
 wife and a TroAAoKr), consisted in the former hav- 
 ing a portion, whereas the latter had not ; hence, 
 persons who married wives without portions ap- 
 pear to have given them or their guardians an 
 op.oXo'yia vpoiKSs (Isaeus, IJe Pi/r. Jlered.p. 41 ), or 
 acknowledgment in writing by which the receipt 
 of a portion was admitted. [Concubina.] More- 
 over, poor heiresses {twv eiriif\rjpa)v offai drjTiKov 
 TeASvaiv) were either married or portioned by 
 their next of kin [Archon], according to a law 
 which fixed the amount of portion to be given 
 at five minae by a Pentacosiomedimnus, three by 
 !i Horseman, and one and a half hy a Zeugitcs. 
 (Demosth. c. Macar. 10(58.) In illustration of 
 this law, and the amount of portion, the reader is 
 referred to Terence, who says {Pliorm. ii. i. 75) 
 " Lex est ut orbae, qui sint genere proximi 
 lis nubant," 
 and again (ii. ii. 62), 
 
 " Itidem ut cognata si sit, id quod lex jubet, 
 Dotera dare, abduce banc : minas quinque accipe." 
 We will now state sorne of the conditions and 
 obligations attached to the receipt of a portion, or 
 irpoi'^, in the time of the Athenian orators. The 
 most important of these was the obligation under 
 which the husband lay to give a security for it, 
 either by way of settlement on the wife, or as a 
 provision for repayment in case circumstances 
 should arise to require it. With regard to 
 this, we are told that whenever relatives or 
 guardians gave a woman a portion on her mar- 
 riage, they took from the husband, by way of 
 security, something equivalent to it, as a house 
 or piece of land. The person who gave this 
 equivalent (To diTOTiixr\ixa) was said a-KOTiixav: the 
 person who received it dTroTifia<Tdai, (Harpocrat. 
 s. v.; Demosth. c. Oiict. p. SCO'.) The word eiTro- 
 TifiT^fia is also used generally for a security. (Poll, 
 viii. 142.) The necessity for this security will ap- 
 pear from the fact that the portion was not consider- 
 ed the property of the husband himself, but rather 
 of his wife and children. Thus, if a husband died, 
 and the wife left the family (arreAiTre rov olwoi'), 
 she might claim her portion, even though children 
 had been born (Demosth. Uneot defM. 1010);and 
 in the event of a wife dying without issue, her por- 
 
 DOS (ROMAN). 
 
 tion reverted to the relatives who had given her in 
 marriage (oi Kvpm) and portioned her. (Is;ieus, 
 DeCiron.Hcred. 0'9 ; Dc Pyr. Hered. 41.) The por- 
 tion was also returned, if a husband put away his 
 wife, and in some cases, probably settled by law, 
 when a woman left her husband. (De Pyr. Ilered. 
 p. 45.) 
 
 That after the death of the wife, her portion be- 
 longed to her children, if she had left any, may be 
 inferred from Demosthenes (c. Boeut. dc Dot. p. 1023 
 and 102G); if they were minors, the interest was 
 set apart for their education and maintenance. 
 When the husband died before the wife, and she 
 remained in the family (ix(vovai)s iv rif oXkoi), the 
 law appears to have given her portion to her sons, 
 if of age, subject, however, to an allowance for 
 her maintenance. (/</. c. Pluien. p. 1047.) 
 
 If the representatives of the deceased husband 
 (oi Toc KKijpov exo''T€j) wrongfully withheld her 
 portion from his widow, her guardians could bring 
 an action against them for it, as well as for alimony 
 (S'lKT] irpoiKos Kol criTov). (Isaeus, De Pyr. Hcred. 
 p. 45; Hudtwalcker, Diaet. note 84.) More- 
 over, if a husband after dismissing his wife refused 
 to return her portion, he might be sued for interest 
 upon it as well as the principal : the former would, 
 of course, be reckoned from the day of dismissal, 
 and the rate was fixed by law at nine oboli 
 for every mina, or about 18 per cent. The guar- 
 dians were further autliorised by the same law to 
 bring an action for alimony in the niZdov. 
 (Demosth. c. Neaer. p. 1362.) We may add that 
 a SiKj; irpoi/cds, was one of the efifirtvoi S'lKai or 
 suits that might be tried every month. (Pollux, 
 viii. 63. 101.) [R. W— n.] 
 
 DOS (ROMAN). Dos (res uocoria) is every 
 thing which on the occasion of a woman's mar- 
 riage was transferred by her, or by another per- 
 son, to the husband, or to the husband's father (if 
 the husband was in his father's power), for the 
 purpose of enabling the husband to sustain the 
 charges of the marriage state (onera matrimonii). 
 All the property of the wife which was not made 
 dos, or was not a donatio propter nuptias, con- 
 tinued to be her own, and was comprised under 
 the name of parapherna. The dos upon its delivery 
 became the husband's property, and continued to 
 be his so long as the marriage relation existed. 
 AU things that could be objects of property [Do- 
 minium], as well as a jus in re, and in fact any- 
 thing by which the substance of the husband could 
 be increased, might be the objects of dos. Any 
 person who had a legal power to dispose of his 
 property could give the dos ; but the dos was 
 divided into two kinds, dos profecticia and dos 
 adventicia, a division which had reference to the 
 demand of the dos after the pui-poses were satis- 
 fied for which it was given. That dos is profecticia 
 which was given by the father or father's father of 
 the bride ; and it is profecticia, even if the daughter 
 was emancipated, provided the father gave it as 
 such {ut parens). All other dos is adventicia. The 
 dos recepticia was a species of dos adventicia, and 
 was that which was given by some other person 
 than the father or father's father, on the considera- 
 tion of marriage, but on the condition that it 
 should be restored on the death of the wife. The 
 giving of the dos depended on the wiU of the 
 giver ; but certain persons, such as a father and 
 father's father, were bound to give a dos with a 
 woman when slie married, and in proportion to 
 
DOS (ROMAN). 
 
 DRACHMA. 
 
 359 
 
 their means. The dos might be either given at 
 the time of the marriage, or there might be an 
 agreement to give. The technical words appli- 
 cable to the dos were dare,, dicere, promitterc. 
 Any person was competent dare, promittere. The 
 word dicere was applied to the woman who was 
 going to marry, who could promise all property as 
 dos, but the promise was not binding unless certain 
 legal forms were observed (?;o« deberi viro dotem, 
 '■ qitam nullo aiictore dirisset, Cic. Pro Caccin. c. 25, 
 compare Pro Fhicco, c. 34, 35, and Ulp. Frag. xi. 
 20). An example of a promissio dotis occurs in 
 Plautus (Trimim, v. 2). As the dos beciirae the 
 husband's property, he had a right to the sole 
 management and to the fruits of it ; in fact, he 
 exercised over it all the rights of ownership, with 
 the exception hereafter mentioned. He could 
 dispose of such parts of the dos as consisted of 
 things movable ; but the Julia lex {de aduUe.riii) 
 prevented him from alienating such part of the 
 . dos as was land (^fundus dotalis, dotalia praedki, 
 ■ Cic. Ep. ad Att. XV. 20 ; dotales ar/ri, Hor. Ep. 
 1. i. V. 21) without his wife's consent, or pledging 
 it with her consent. (Gains, ii. 63 ; Ifisf. ii. 8.) 
 The legislation of Justinian prevented him from 
 selling it also even with the wife's consent, and 
 it extended the law to provincial lands. 
 
 The husband's right to the dos ceased with the 
 marriage. If the marriage was dissolved by the 
 death of the wife, her father or father's father (as 
 ' the case might be) was intitled to recover the dos 
 ? profecticia, unless it had been agreed that in such 
 |. case the dos shoidd belong to the husband. The 
 dos adventicia became the property of the wife's 
 heirs, unless the person who gave it had stipulated 
 that it should be returned to him {dos recepticiu). 
 The dos could be claimed immediately upon the 
 I dissolution of the marriage, except it consisted of 
 things quae numero, &c., for which time was 
 allowed. (Ulp. Fray. vi. s. 8 ; but compare Cod. 
 V. tit. 1.3. s. 71.) • 
 
 In the case of divorce, the woman, if she was sui 
 juris, could bring an action for the restitution of 
 1 the dos ; if she was in the power of her father, he 
 brought the action jointly with his daughter. 
 
 [DiVORTIUM.] 
 
 The dos could not be restored during the mar- 
 riage, for this was contrary to a positive rule of 
 law. [Donatio inter, virum bt uxorbm.] 
 Yet in the case of the husband's insolvency, the 
 wife could demand back her dos during the marriage. 
 In certain cases, also, the husband was pennitted 
 to restore the dos during tlie marriage, and such 
 restoration was a good legal acquittance to him : 
 these excepted cases were either cases of necessity, 
 as the payment of the wife's debts, or the susten- 
 tation of near kinsfolks. (Zcitschrifi, &c. v. p. 311, 
 essay by Hasse.) 
 
 What shoidd be returned as dos, depended on 
 the fact of what was given as dos. If the things 
 given were ready money or things estimated by 
 quantity, &c., the husband must return the like sum 
 or the like quantity. If the things, whether mov- 
 able or immovable, were valued when they were 
 given to the husband (dos aestiiiiala), this was a 
 species of sale, and at the end of the marriage the 
 husband must restore the things or their value. 
 If the things were not valued, he must restore the 
 specific things, and he must make good all loss or 
 deterioration which had happened to them except 
 by accident. But the husband was intitled to be 
 
 reimbursed for all necessary expences (impensae 
 necessariae) ; as, for instance, necessary repairs of 
 houses incurred by liim in respect of his wife's 
 property, and also for all outlays by which he 
 had improved the property (iinpcnsae utiles). 
 
 The husband's heirs, if he were dead, were 
 bound to restore the dos. The wife's father, or the 
 surviving wife, might demand it by an actio ex 
 stipulatu de dote reddenda, which was an actio 
 stricti juris, if there was any agreement on the 
 subject ; and by an actio rei uxoriae or dotis, 
 which was an actio bonae fidei, when there was 
 no agreement. A third person who had given the 
 dos must always demand it ex stipulatu, when he 
 had bargained for its restoration. Justinian 
 enacted that tlie action should always be ex 
 stipulatu, even when there was no contract, and 
 should be an actio bonae fidei. 
 
 The wife had no security for her dos, except 
 in the case of the fundus details, unless she 
 had by contract a special security ; but she 
 had some privileges as compared with the hus- 
 band's creditors. Justinian enacted that on the 
 dissolution of the marriage the wife's ownership 
 sliould revive, with all the legal remedies for re- 
 covering such parts of the dos as still existed ; that 
 all the husband's property shoidd be considered 
 legally pledged {tucUa hypothva) as a security 
 for the dos ; and that the wife, but she alone, 
 should have a priority of claim on such property 
 over all other creditors to whom the same might 
 be pledged. 
 
 The dos was a matter of great importance in Ro- 
 man law, both because it was an ingredient in 
 almost every marriage, and was sometimes of a 
 large amount. The frequency of divorces also 
 gave rise to many legiil questions as to dos. A 
 woman whose dos was large (dotata uxor) had 
 some influence over her husband, inasmuch as she 
 had the power of divorcing herself, and thus of 
 depriving liim of the enjoyment of her property. 
 The allusions to the dos are nmnerous in the Ro- 
 man writers. 
 
 It is a disputed point whether there could be 
 dos, properly so called, in the case of a marriage 
 with conventio in manum. [Marriage.] (Hasse, 
 Rhein. Mus. ii. 75.) 
 
 (Ulp.Fmr/.vi.; Dig.23.tit.3; Cod.v.tit.l2.) [G.L.] 
 
 AOT^AO'S. [Servus.] 
 
 DRACHMA (Spaxi"')), the principal silver 
 coin among the Greeks. The two chief standards 
 in the currencies of the Greek states were the 
 Attic and Aeginetan. We shall therefore first 
 speak of the Attic drachma, and afterwards of the 
 Aeginetan. 
 
 The average weight of the Attic drachma from 
 the time of Solon to that of Alexander was 6G'5 
 grains. It contained about n^th of the weight 
 alloy ; and hence there remain 65'4 grains to be 
 valued. Each of our shillings contains 80'7 grains 
 of pure silver. The drachma is therefore worth 
 
 ^^-^ of a shilling, or 9'72 pence, which may be 
 
 called 9^</. {Wa&hey, Ancient Weights and Money, 
 p. 47, 48.) After Alexander's time, there was a 
 slight decrease in the weight of the drachma ; till 
 in course of time it only weighed (J3 grains. The 
 drachma contained six obols (dSoAoi) ; and the 
 Athenians had separate silver coins, from four 
 drachmae to a quarter of an obol. Among those 
 now preserved, the tetradrachm is commonly 
 
360 
 
 DRACHMA. 
 
 DUCENARII. 
 
 found ; but we possess no specimens of the tri- 
 drachm, and only a few of the didrachm. Speci- 
 mens of the tctrobohis, triobolus, diobolus, three- 
 quarter-obol, half-obol, and quarter-obol, are still 
 found. The following table, taken from Hussey, 
 gives the value in English money of the Athenian 
 coins, from a quarter-obol to a tetradrachm : — 
 
 
 Shill. 
 
 Pence. 
 
 Farth. 
 
 :jObol . . . 
 
 
 
 l-()25 
 
 ^Obol . . . 
 
 
 
 3"25 
 
 Obol .... 
 
 
 1 
 
 2-5 
 
 Diobolos . . . 
 
 
 3 
 
 1 
 
 Triobolus . . 
 
 
 4 
 
 3-5 
 
 Tetrobolus . . 
 
 
 fi 
 
 2 
 
 Drachma . . 
 
 
 9 
 
 3 
 
 Didrachm . . 
 
 1 
 
 7 
 
 2 
 
 Tetradrachm 
 
 3 
 
 3 
 
 
 The mina contained ICQ drachmae, and was 
 consequently equal to 41. Is. M. ; and the talent 
 60 minae, and was'' thus equal to 243/. 15s. Od. 
 Respecting the value of the diit'erent talents among 
 the Greeks, see T.\lent. 
 
 The tetradrachm in later times was called stater 
 (Phot. s. V. 'SraT-i'ip : Hesych. s. v. TAaOicEs Aav- 
 piojTiKoi : Matth. xxvii. 27); but it has been 
 doubted whetlier it bore that name in the flourish- 
 ing times of the republic. (Hussey, Ibul. p. 49.) 
 We know that stater, in writers of that age, 
 usually signifies a gold coin, equal in value to 
 twenty drachmae [Statbk,] ; but there appear 
 strong reasons for believing that the tetradrachm, 
 even in the age of Thucydides and Xenophon, was 
 sometimes called by this name. (Thucyd. iii. 70, 
 with Arnold's note ; Xen. Hell. v. ii. § 22.) 
 
 The obolos, in later times, was of bronze ( Lucian, 
 Coniempl. 11. vol. i. p. 504. ed. Reiz) ; but in the 
 best times of Athens we only read of silver obols. 
 The xaA.ifoOs was a copper coin, and the eighth 
 part of an obol. [Aes, p. 21.] 
 
 The Attic standard was used at Corinth, Cyrene, 
 and Acanthus, and in Acarnania, Amphilochia, 
 Leucadia, Epirus, and Sicily ; it was the standard 
 of Philip's gold, and was introduced by Alexander 
 for silver also. The Aeginetan standard appears 
 to have been used in Greece in very early times. 
 Accordmg to most ancient writers, money was 
 first coined at Aegina by order of Phcidon of 
 Argos [Argentum] ; and the Aeginetan standard 
 was used in almost all the states of the Pelopon- 
 nesus, witli the exception of Corinth. It was also 
 used in Boeotia, and in some other parts of northern 
 Greece, though the Attic standard prevailed most 
 in the maritime and commercial states. 
 
 ATHENIAN DRACHM.4. BRITISH MUSEUM. 
 ACTUAL SIZE. 
 
 The average weight of the Aeginetan di'achma, 
 calculated by Mr. Hussey (p. 59, O'O) from the 
 coins of Aegina and Boeotia, was 96 grains. It 
 contains about ^nd part of the weight alloy. 
 Hence its value is 93 grains of pure silver, or, as 
 
 before, of a shilling ; that is. Is. Id. 3'2 
 
 80-7 
 
 farthings. The largest coin of the Aeginetan stan- 
 dard appears to have been the didrachm, and the 
 values of the different coins of this standard are as 
 follow : — 
 
 
 Sliill. 
 
 Pence. 
 
 Farth. 
 
 iObol . . . 
 
 
 1 
 
 0-583 
 
 Obol .... 
 
 
 2 
 
 1-166 
 
 Diobolus . . . 
 
 
 4 
 
 2-33 
 
 Triobolus . . 
 
 
 fi 
 
 2-5 
 
 Drachma . . 
 
 1 
 
 1 
 
 3 
 
 Didrachm . . 
 
 2 
 
 3 
 
 2 
 
 The proportion of the Aeginetan drachma to the 
 Attic, according to the value given above, is as 93 
 to 65-4, or as 4-18 to 3 nearly. According to 
 Pollux, however, the proportion was 5 to 3 ; for he 
 states (ix. 76. 86) that the Aeginetan drachma 
 was equal to 10 Attic obols, and that the Aegine- 
 tan talent contained 10,000 Attic drachmae. His 
 authority, however, cannot be of any weight 
 against the evidence of existing coins ; for the 
 comparative value of Aeginetan and Attic money 
 is a plain fact, which can be proved by experi- 
 ments. But, as Mr. Hussey remarks (p. 32), 
 Pollux, " when he speaks of the Attic drachmae, 
 does not mean the money of the full weight, which 
 was coined in the time of Pericles or Xenophon, 
 but such as passed for Attic in the Augustan and 
 following ages, namely, the Roman denarius ; and 
 this, too, not of the earliest standard, at the rate 
 of 60 or 61 grains, but as it was coined when the 
 weight had been reduced to ^th of the Roman 
 ounce, or about 53 grains." [Denarius.] 
 
 AEGINETAN DRACHMA. BRITISH MUSEUM. 
 actual SIZE. 
 
 The Attic and Aeginetan were, as already re- 
 marked, the chief standards of money in Greece ; 
 but there was a third standard used to some ex- 
 tent, namely, that of the early coinage of Macedon, 
 which was also adopted by the Greek kings of 
 Egypt. The average weight of the Macedonian 
 drachma was 109-4 grains ; and assuming the 
 same quantity of alloy as in the Aeginetan drach- 
 mae, it would be worth in our money Is. Sd. 2-8 
 farthings, or very nearly Is. 3frf. It has been 
 supposed, however, by some writers, that this 
 drachma was in reality a didrachm ; but the ex- 
 istence of large silver coins of four times this 
 weight, is an argument for believing it to be the 
 drachma, as we do not find any notice of eight- 
 drachmae pieces. 
 
 As the Romans reckoned in sesterces, so the 
 Greeks generally reckoned by drachmae ; and 
 when a sum is mentioned in the Attic writers, 
 without any specification of the unit, drachmae are 
 usually meant. (Bockh, Pol. Econ. of Athens, i. 
 p. 25.) 
 
 DRACO. [SiGNA MiLITARIA.] 
 
 DUCENA'RII, the name of various officers and 
 magistrates, of whom the principal were as follow : — 
 
DUUMVIRI. 
 
 'EKKAHSI'A. 
 
 361 
 
 I. DucENARll was the name given to the Ro- 
 man procuratores, who received a salary of '200 
 sestertia. Dion Cassius (liii. 15) says that the 
 procuratores first received a salary in the time of 
 Augustus, and that they derived their title from 
 the amount of their sidary. We thus read of 
 centenarii, trecenarii, &c., as well as of duceiiarii. 
 (See Capitolin. PeHin. '2 ; Orelli, luscrip. No. 940.) 
 Claudius granted to the procuratores ducenarii the 
 consular ornaments. (Suet. Claiul. '24.) 
 
 II. Ducenarii formed a class or decuria of 
 judices, and were first established by Augustus. 
 (Suet. Auy. 32.) They were so called because 
 their property, as valued in the census, only 
 amounted to "200 sestertia. They appear to have 
 tried causes of small importance. (_Rein, das Rom. 
 Privatreeht, p. 413.) 
 
 III. Ducenarii were in later times ofHcers 
 who commanded two centuries, and who held the 
 same rank as the priini hast;iti in the ancient 
 legion. (Veget. ii. a ; Cnelli, Inscrip. No. 3444.) 
 
 DUCENTK'SIMA was a tax of half per cent, 
 upon all things sold at public auctions. The 
 centesima, or tax of one per cent., was first estab- 
 lished by Augustus (Tacit. Ati/i. i. 7B), and was 
 reduced to half per cent, by Tiberius {L c. ii. 42). 
 The tax was abolished altogether by Caligula, as 
 far as Italy was concerned (Suet. Cul. 16), whence 
 we find on some of the coins of this emperor the 
 letters R. C C, that is, liemissa Dticeutcsiina. On 
 one of his coins, preserved in the British Mu- 
 seum, we find on the obverse C. Caesar. Divi. 
 Aug. Pron. Aug. and S. C. in the centre with 
 the cap of liberty ; and on the reverse, PoN. M. 
 Tr. p. 111. P. P. Cos. Des. III., and in the 
 centre R. C C. These last three letters have been 
 interpreted by some writers to mean Rci Ccnsiiue 
 Ccmservator ; but there can be no doubt that the 
 interpretation given above is the correct one. (See 
 Eckhel, Dod. Num. vi. p. 224 ; Orelli, Inscrip. 
 No. 701.) 
 
 DUPLICA'RII were soldiers who received 
 double pay or double allowance for their services. 
 (Vario, De Ling. Lut. v. 90. Miiller ; Liv. ii. 59; 
 Orelli, Inscrip. No. 3535.) They are frequently 
 mentioned in inscriptions (Orelli,Nos. 3533. 4994), 
 but more commonly under the name of duplarii. 
 (Orelli, Nos. 3531. 3535. 3476. 3481, &c.) In 
 one inscription the form dupliciarius occurs. (Orelli, 
 No. 3534.) Vegetius (ii. 7) calls them duplares 
 milites. 
 
 DUPLICA'TIO. [Actio, p. 10.] 
 
 DUPO'NDIUS. [As, p. 102.] 
 
 DUUMVIRI, or the two men, the name of 
 various magistrates and functionaries at Rome, 
 and in the coloniae and municipia. In inscriptions 
 we also meet with the foi-m duumvircs (Orelli, 
 Inscrip. No. 3808), and </moot> (Orelli, No. 3886). 
 
 I. Duumviri Juki Dicuxdo were the highest 
 magistrates in the municipal towns. [Colonia, 
 p. 259.] 
 
 II. Duumviri Navales were extraordinary 
 magistrates, who were created, whenever occasion 
 required, for the purpose of equipping and repair- 
 ing the fleet. They appear to have been originally 
 appointed by the consuls and dictators, but were 
 first elected by the people, B. c. 31 1. (Liv. ix. 30 ; 
 xl. 18. 26 ; xli. 1 ; Schetler, De Mil. Nav. p. 284.) 
 
 III. Duumviri Perduellionis. [Perduel- 
 
 LIO.] 
 
 IV. Duumviri Quinquennales were the 
 
 censors in the municipal towns, and must not be 
 confounded with the duumviri juri dicundo. [Co- 
 lonia, p. 259.] 
 
 V. Duumviri Sacrorum originally had the 
 charge of the Sibylline books. Their duties were 
 afterwards discharged by the decumviri sacris 
 faciundis. [Decemviri, p. 316.] 
 
 VI. Duumviri were also appointed for the 
 purpose of building or dedicating a temple. (Liv. 
 vii. "28 ; xxii. 33 ; xxxv. 41.) 
 
 E. 
 
 'EKKAHSI'A. The sKKK-nalai of the Athenians 
 were general assemblies of the citizens in which 
 they met to discuss and determine upon matters of 
 public interest. These assemblies were either 
 ordinary., and held four times in each prj'tany, or 
 ejtraordinari), that is specially convened, upon any 
 sudden emergency, and therefore called (TuyK\t]Toi. 
 On occasions of extreme importance, when it was 
 desirable for as many persons as possible to be 
 present at the discussion of any question, the peo- 
 ple were summoned by express from the country 
 to the city, and then the assembly was called a 
 KaTa(c\ij(Tio, the proper meaning of KajaicaAi~LV 
 being to call from the country into the city. The 
 ordinary assembhes were called vofjLifioi or Kvpiai, 
 according to the SchoUast on Aristophanes {Ac/iar. 
 19), who, moreover, informs us that there were 
 three such in every month. But according to the 
 best informed grammarians who followed Aristotle, 
 the name Kvpia was appropriated to the first only 
 of the regular assemblies of each prytany. Such, 
 at least, is the account given by Pollux (viii. 96)and 
 Harpocration, the former of whom asserts that 
 the thu'd of the regular assemblies in each prytany 
 was partly devoted to the reception of ambas- 
 sadors from foreign states. 
 
 Aristophanes, however, in the Achamians (61), 
 represents ambassadors who had just returned 
 from Persia and Thrace, as giving an account of 
 their embassy in a Kvpia iKK\r](Tta, which, accord- 
 ing to Pollux, would be not the third but the first 
 of the regular assemblies. With a view of re- 
 conciling these discrepancies, Schcimann {De 
 CWii.c.i.) supposes, that Solon originally appointed 
 one regular assembly, called Kvpla, to be held on 
 a certain day of every prytiiny, and that after- 
 wards additional assemblies were instituted, ap- 
 propriated respectively to particular purposes, 
 though the term Kvpia was still reserved for the 
 assembly formerly so called. If, however, the re- 
 presentation of Aristophanes is in agreement with 
 the practice of his age, we must further suppose, 
 what is very probable, that the arrangements for busi- 
 ness, as described by Pollux, were not always ob- 
 served even in the time of the poet ; and since a few 
 years after Aristotle's time many changes took place 
 in the constitution of Athens, it may have happen- 
 ed that the name Kvpia was then given to all the 
 regular assemblies, in which case the Scholiast 
 probably identified the customs and tenns of a 
 late age with those of an earlier period. More- 
 over, the number of prj-tanies in each year, origi- 
 nally ten, one for each tribe, was, on the increase 
 in the number of the tribes at Athens, raised to 
 twelve ; so that the prytanies would then coincide 
 with the months of the year, a fact which, taken 
 
30-2 
 
 'EKKAH2I'A. 
 
 'EKKAH3I'A. 
 
 in conjunction with other circumstances (Schomann, 
 ii. 44), seems to show, that the authorities who 
 speak of three regular assemblies in each month, 
 liad in view the times when a prytany and a 
 month were the same thing. Some authors have 
 endeavoured to determine the particular days on 
 which the four regular assemblies of each prytany 
 were held, but Schomann (ii. 47) has proved almost 
 to demonstration, that there were no invariably 
 fixed days of assembly ; and at any rate, even if 
 there were, we have not sufficient data to deter- 
 mine them. Ulpian {ad Dcmosih. Tinioc. p. 706), 
 says, in allusion to the times when there were 
 three assembUes in every month, that one was 
 held on the eleventh, another about the twentieth, 
 a third about the thirtieth, of each month ; and it is 
 of course not improbable that they were always 
 held at nearly equal intervals. 
 
 The place in which the assemblies were anciently 
 held was, we are told by Harpocration (s. v. 
 ndrdrifj.os 'AcpgoSiTT)), the 070^10. Afterwards they 
 were transfen'ed to the Pnyx, and at last to the 
 great theatre of Dionysus, and other places. Thus 
 Thucydides (\'iii. 97) speaks of the people being 
 summoned to the Pnyx, the usual place of assembly 
 in his times ; and Aristophanes (^Erjuit. 42), in 
 describing " Demus," the representative of the 
 Athenian people, just as "John Bull" is of the 
 English, calls that character Aftixos YlvKv'nrjs, or 
 Demus of the (parish of) Pnyx : a joke by which 
 that place is represented as tlie home of the 
 Athenians. The situation of it was to the west 
 of the Areiopagus, on a slope connected with 
 Mount Lycabettus, and partly at least witlun the 
 walls of the city. It was semicircular in form, 
 with a boundary wall part rock and part masonry, 
 and an area of about 12,000 square yards. On the 
 north the ground was filled up and paved with 
 large stones, so as to get a level surface on the 
 slope ; from which fact some grammarians derive 
 its name {irapd T-qv tuv \i6u>v ■irvKv6ri]Ta). To- 
 wards this side, and close to the wall, was the 
 ^rjfxa, a stone platform or hustings ten or eleven 
 feet high, with an ascent of steps ; it was cut out 
 of the solid rock, whence it is sometimes called 
 o Ai'floy, as in Aristophanes (P«j', 680) we read 
 ocTTis Kpard vvv tov AiBov rovv Trj YlvKvl. The 
 position of the fivfia was such as to command a 
 view of the sea from behind (on which account the 
 thirty tyrants are said to have altered it), and of 
 the npoTTuAaio and Parthenon in front, though the 
 hill of the Areiopagus lay partly between it and 
 the Acropolis. Hence Demosthenes {Uepl Sucral. 
 174), when reminding the Athenians from this 
 very firjfia of the other splendid works of their 
 ancestors, says emphatically Tlpoirv\aia touto : 
 and we may be sure that the Athenian orators 
 would often rouse the national feeUngs of their 
 hearers by pointing to the assemblage of magnifi- 
 cent edifices, " monuments of Athenian gratitude 
 and glory," which they had in view from the 
 Pnyx. (Cramer, Andtrnt Greece, vol. ii. p. 335 ; 
 Wordsworth, Athens and Attica. In the latter of 
 these works are two views of the remains of the 
 Pnyx.) That the general situation of the place 
 was elevated is clear from the phrase dvaSaiv^Lv 
 €is -rriv (KiiKijaiav, and the words iras 6 5^^os avoi 
 Ka6ijT0, applied to a meeting of the people in the 
 Pnyx. (Demosth. Do Cor. p. 285.) After the 
 great theatre of Dionysus was built, the assemblies 
 were frequently lield in it, as it afl'orded space and 
 
 convenience for a large multitude ; and in some 
 particular cases it was specially detemiined by law 
 that the people should assemble there. (Demosth. 
 c. Meid. 517.) Assemblies were also held hi the 
 Peiraeus, and in the theatre at Munychia. (De- 
 mosth. De Fals. Leg. p. 359 ; Lysias, c. Agar. 
 133; Thucyd. viii. 93.j 
 
 We will now treat of the right of convening 
 the people. This was generally vested in the 
 pryUmes or presidents of the council of Five 
 Hundred [see BOTAH', p. 150] ; but in cases of 
 sudden emergency, and especially during wars, 
 the strategi also had the power of calling extra- 
 ordinary meetings, for which, however, if we may 
 judge by the form in which several decrees are 
 drawn up, the consent of the senate appears to 
 have been necessary. (Demosth. De Cor. 249.) 
 The four ordinary meetings of every prytany 
 were, nevertheless, always convened by the pry- 
 tanes, who not only gave a previous notice 
 (^Trpoypd(p€iv tt^v fKKKfjcriav) of the day of assem- 
 bly, and published a program of the subjects 
 to be discussed, but also, as it appears, sent a crier 
 round to collect the citizens [crvvdyeiv tov Sij/xov, 
 Pollux, viii. 95 ; Harpocrat. s.v. Kupi'a 'EK/cArjo-i'a : 
 Demosth. c. Aristog. 772.) At any rate, whenever 
 the strategi wished to convene one of the extra- 
 ordinai-y assemblies, notice was certiunly given of 
 it by a public proclamation ; for as Ulpian {ad 
 Deiiiostk de Fu/^. Leg. p. 100. a) observes, these 
 assemblies were called avyKK-qroi, because the 
 people were summoned to them by officers sent 
 round for that purpose (on avv^Kahovu tiws 
 ■mpdovres). But independent of the right which 
 we have said the strategi possessed of convening 
 an extraordinary meeting, it would seem from the 
 case of Pericles (Thucyd. ii. 22) that a strategus 
 had the power of preventing any assembly being 
 called. It is, however, important to observe, that 
 such an exercise of power would perhaps not have 
 been tolerated except during wars and commo- 
 tions, or in the person of a distinguished character 
 hke Pericles ; and that under ditferent circum- 
 stances, at any rate after the time of Solon, the 
 assemblies were always called by the prytanes. 
 All persons who did not obey the call were 
 subject to a fine, and six magistrates called 
 lexiarchs were appointed, whose duty it was to 
 take care that the people attended the meetings, 
 and to levy fines on those who refused to do so. 
 (Pollux, viii. 104.) With a view to this, when- 
 ever an assembly was to be held, certain pubhc 
 slaves (SwiiSat or To|((Tai) were sent round to 
 sweep the dyopd, and other places of public resort, 
 with a rope coloured with vennilion. The different 
 persons whom these ropemen met, were driven by 
 them towards the e/c/cArjo'i'a, and those who re- 
 fused to go were marked by the rope and fined. 
 (SchoL ad Arist. Ac/iar. 22.) Aristophanes (l. c.) 
 alludes to this subject in the lines 
 
 ol 5'ep dyopS Kakouai, k&vw koI Karu 
 TO axoiv'iov (psvyovai to ix^ixiKTUfx^vov. 
 Besides this, aU the roads except those which led 
 to the meeting were blocked up with hurdles 
 (7ep/5a), which were also used to fence in the 
 place of assembly against the intnision of persons 
 who had no right to be present : their removal in 
 the latter Ciise seems to have served as a signal for 
 the admission of strangers who might wish to ap- 
 peal to the people. (Demosth. c. Neaer. p. 1375.) 
 An additional inducement to attend, with the 
 
'EKKAHSI'A. 
 
 'EKKAHSI'A. 
 
 363 
 
 poorer classes was the fuadds cKK\ij(riocrTiK((s, or ; 
 pay which they received for it. The originator of 
 tliis practice seems to have been a person named 
 r Callistratus, who introduced it "• long after the 
 beginning of the influence of Pericles." The 
 ; payment itself, originally an obolus, was afterwards 
 raised to three by a popular favourite called 
 Agyrrhius, of CoUytus. The increase took place 
 but a short time before the Ecclesiazusae of 
 Aristophanes came out, or about B. c. 392. The 
 poet thus alludes to it in that play (v. 3SJ0) — 
 B. TpiwSoKof SnT e\aSes : X. d yap d^eXov. 
 . (Bcickh, vol. i. 307. transl.) A ticket {(Tv/jigoXou) 
 appears to have been given to those who attended, 
 I on producing which, at the close of the proceed- 
 : ings, they received the money from one of the 
 thesmothetae. (Aristoph. Ecdes. 295.) This pay- 
 ment, however, was not made to the richer classes, 
 who attended the assembUes gratis, and are there- 
 fore called OLKocrnoi eKKKiqCLaaTal by the poet 
 ; Antiphanes in a fragment preserved by Atlienaeus 
 ! (vi. c. S2). The same word oiKoo-iToy is applied 
 I generally to a person who receives no pay for his 
 , services. 
 
 With respect to the right of attending, we may 
 observe that it was enjoyed by all legitimate citi- 
 zens who were of the proper age (generally sup- 
 I posed to be twenty, certainly not less than eigh- 
 1 teen), and not labouring under any dri/iia, or loss 
 : of civil rights. AU were considered citizens, 
 : whose parents were both such, or wllo had been 
 I presented with the freedom of the state, and en- 
 ; rolled in the register of some demus or parish. 
 
 (Demosth. c. Nawr. p. 1380.) Adopted citizens, 
 ; however (ttoitjtoi), were not qualified to hold the 
 : office of archon or any priesthood. (Id. p. 137b'.) 
 I Decrepit old men (yepovTes ol d(peiij.ei>ot, perhaps 
 ^ those above sixty) seem not to have been admitted, 
 ^1 although it is not expressly so stated. (Aristot. 
 I Polit. iii. c. 1.) Slaves, ajid foreigners also were cer- 
 tainly excluded (Aristoph. Tliesm. 2!)4.) : though 
 ; occasions would of course occur when it would be 
 : necessary or desirable to admit them ; and from 
 Demosthenes {c. Ncaer. p. 1375) we may infer that 
 it was not unusual to allow foreigners to enter to- 
 wards the close of the proceedings, when the most 
 important business of the day had been concluded ; 
 otherwise they stood outside. (Aesch. c. Ctes. 
 p. 8K.) 
 
 The iVoTeAeis, or foreigners, who. enjoyed nearly 
 equal privileges with the citizens, are by some 
 thought to have had the same rights as adopted 
 citizens, with respect to voting in the assembly. 
 (Wolf, wi Lcp. p. 70.) This, however, seems very 
 doubtfid ; at any rate the etyraologj' of the word 
 iVoreAeis does not justify such an opinion. 
 
 In the article BOTAH' it is explained who the 
 prytanes and the proedri were ; and we may here 
 remark, that it was the duty of the proedri of the 
 same tribe, under the presidency of their chairman 
 (d eTTKTTaTTjs), to lay before the people the subjects 
 to be discussed ; to read, or cause to be read, the 
 prerious bill (to irpoSovKiVjxa) of the senate ; and 
 to give penuission (yvdixas TrpoTiBevai) to the 
 speakers to address the people. 
 
 They most probably sat on the steps near the 
 Prjfui, to which they were on some occasions caUed 
 by the people. In later times they were assisted in 
 keeping order (ci5/cocr|Ui'a) by the members of the 
 presiding tribe, t irpoiSpevuvaa (pvK-rj (Aesch. c. 
 Cksipli. p. 53, and BOTAH'); and the officers who 
 
 acted under them, the " sergeants-at-arms" were 
 the crier {6 lajpv^), and the Scythian bowmen. 
 Thus, in Aristophanes (Achani. "24), the crier says 
 to a speaker, who was out of order, Kd8-i)(To cnya, 
 and in another passage the ro^orai are represented 
 as dragging a drunken man out of the assembly. 
 (Ecdcs. 143.) When the discussion upon any sub- 
 ject had terminated, the chainuan of tho proedri, if 
 he thought proper, put the question to the vote : 
 we read in some instances of his refusing to do so. 
 (Xen. Metn. i. 1. § 18 ; Thucy. vi. 14.) 
 
 Previous, however, to the commencement of 
 any business, it was usual to make a lustra- 
 tion or purification of the place where the as- 
 sembly was held. This was performed by an 
 officiating priest, called the Peristiarch*, a name 
 given to him because he went before the lustral 
 victims (Tii ir(piaTia) as they were carried round 
 the boundary of the place. Thus, the crier says 
 (Aristoph. Acliani. 44), Xlapn' h to irpoadev 
 ■ndpid' cis dv ivTos ^re tov KaBdpfiaro^. The 
 favourite victims were sucking pigs (xo»p'5ia): the 
 blood of which was sprinkled about the seats, and 
 their bodies afterwards thrown into the sea. 
 (Schol. a/i Aristoph. I. c; ad Aesch. c. Timar. p. 
 48.) After the peristiarch the crier followed, 
 burning incense in a censer. When these cere- 
 monies were concluded, the crier proclaimed silence, 
 and then ottered up a prayer, in which the gods 
 were implored to bless the proceedings of the meet- 
 ing, and bring down destruction on all those who 
 were hostilely disposed towards the state, or who 
 traitorously plotted its overthrow, or received bribes 
 for misleading and deceiving the people. (Aristoph. 
 Thcsm. 330.) On the conclusion of this pniyer 
 business began, and the first subject proposed was 
 said to be brought forward, vpwTov /ierd tix Upd. 
 (Demosth. c. Tiinoci: 706.) 
 
 We must, however, understand that it was 
 illegal to propose to the ecclesia any particular 
 measure unless it had previously received the sanc- 
 tion of the senate, or been fonnally referred by 
 that body to the people, under the title of a irpo- 
 €ovAevfj,a. 
 
 The assembly, nevertheless, had the power of 
 altering a previous decree of the senate as might 
 seem fit. Further information on this point will 
 be found under BOTAH', to which we may add, 
 according to Schomann (c. ix), that the object of 
 the law, mentioned by the grammarians ('Airpo- 
 
 seems to have been, not to provide that no motion 
 should be proposed in the assembly unless pre- 
 viously approved of by the senate, but rather that 
 no subject should be presented for discussion to 
 the people, about which a bill of the senate had 
 not been dra\vn up and read in assembly. 
 
 The privilege of addressing the assembly was 
 not confined to any class or age amongst those who 
 had the right to be present: all, without any dis- 
 tinction, were invited to do so by the proclamation 
 (Ti's dyopeudv fiovX€Tai) which was made by the 
 crier after the proedri had gone through the neces- 
 sary preliminaries, and laid the subject of discus- 
 smn before the meeting ; for though, according to 
 the institutions of Solon, those persons who were 
 
 * ncpicTio, from irepl and iiTTia, and therefore 
 properly applied to sacrifices carried round the 
 hearth by way of lustration : hence any lustral 
 I victims. 
 
364 
 
 'EKKAHSI'A. 
 
 above fifty years of age ought to have been called 
 upon to speak first (Aesch. c. Ciesip. p. 54), this re- 
 gulation had in the days of Aristoplianes become 
 quite obsolete. (Demosth. De Cor. p. 285 ; Aris- 
 toph. Acharn. 43.) The speakers are sometimes 
 simply called ol napiovm, and appear to have 
 worn a crown of myrtle on their heads while ad- 
 dressing the assembly, to intimate, perhaps, that 
 they were then representatives of the people, and 
 like the archous when crowned, inviolable. (Aris- 
 toph. Ecdcs. V. V. 130. 147.) They were by an 
 old law required to confine themselves to the subject 
 before the meeting, and keep themselves to the dis- 
 cussion of one thing at a time, and forbidden to in- 
 dulge in scuriilous or abusive language : the law, 
 however, had in the time of Aristophanes become 
 neglected and almost forgotten. (Aesch. c. Tiinar. 
 p. 5: Aristoph. EccUs. 142.) The most infiu- 
 ential and practised speakers of the assembly 
 were generally distinguished by the name of 
 liriTopes. ['PH'TnP.] 
 
 After the speakers had concluded, any one was 
 at liberty to propose a decree, whether drawn up 
 beforehand or framed in the meeting ('Ev Tijj hrifitf, 
 avyypdipfcBat, Plato, 6'o(v/. 451), which, however, it 
 was necessaiy to present to the proedri, that they 
 might see, in conjunction with the voiJ.o<pv\aKes, 
 whether there was contained in it anything injoi'i- 
 ous to the state, or contrary to the existing laws. 
 (Pollux, viii. 94.) If not, it was read by the crier; 
 though, even after the reading, the chairman could 
 prevent it being put to the vote, unless his oppo- 
 sition was overborne by threats and clamours. 
 (Aeschin. De Fa/. Ley. p. 39.) Private individuals 
 also could do the same, by engaging upon oath 
 (lirrw/uocria) to bring against the author of any mea- 
 sure the}' might object to, an accusation called a 
 7pa0r) ■napav6fxuiv. If, however, the chairman 
 refused to submit any question to the decision of 
 tile people, he might be proceeded against by 
 ivhiilts (Plato, Apol. 32); and if he allowed the 
 people to vote upon a proposal wliich was contrary 
 to existing constitutional laws, he was in some 
 cases liable to dnixia. (Uemosth. c. Tiiiwc. p. 71(i.) 
 If, on the contrary, no opposition of this sort was 
 ofi'ered to a proposed decree, the votes of the people 
 were taken, by the permission of the chainnan and 
 with the consent of the rest of the proedri : whence 
 the permission is said to have been given some- 
 times by the proedri and sometimes by tlie chair- 
 man, who is also simply called 6 irpoeSpos, just as 
 the proedri are sometimes styled prytanes. (Aeschin. 
 c. Ctesijj. 64; Demosth. c. iMcul. 517.) The de- 
 cision of the people was given either by show of 
 hands, or by ballot, i. e. by casting pebbles into 
 urns (KaSiCTKoi) ; the fomer was expressed by the 
 word xeipoToyeiy, the latter by ij/rjipifftrOai, al- 
 though the two tenus are freciuently confounded. 
 The more usual method of voting was by show of 
 hands, as being more expeditious and con- 
 venient {x^ipoTov'ia). The process was as fol- 
 lows : — the crier first proclaimed that all those 
 who were in favour of a proposed measure 
 should hold up their hands (oto) So/c6(. k. t. A. 
 dparw Tjjc x^'P") • 'hen he proclaimed tliat all 
 tliose who were opposed to it should do the same 
 (oTctf ft)) Sofc€(. K. T. A.) : they did so, and the 
 crier then fonned as accurate an idea as possible 
 of the numbers for and against(7)pf6|U6( ids xf'P«s), 
 and the chairman of the meeting pronounced the 
 opinion of the majority. (Suidas, r. KaT€X6(po- 
 
 'EKKAHSI'A. 
 
 rdyrjcev.) In this way most matters of public ! 
 interest were determined. Vote by ballot (wpu- 
 S5r)v, Phil. Mus. vol. i. 424), on the other 
 hand, was only used in a few special cases deter- 
 mined by law ; as, for instance, when a pro- 
 position was uuule for allowing those who had suf- 
 fered drifila to appeal to the people for restitution 
 of their former riglits ; or for inflicting extraordi- 
 nary punislnnents on atrocious offenders, and gene- 
 rally, upon any nuitter which affected private per- 
 sons. (_Demosth. c. Timocr. 715 and 719.) In 
 cases of this sort it was settled by law, that a de- 
 cree should not be valid unless six thousand citi- 
 zens at least voted in favour of it. This was 
 by far the majority of those citizens who wei'e in 
 the habit of attending ; for, in time of war, the 
 number never amounted to five thousand, and in 
 time of peace seldom to ten thousand. (Thucyd. 
 vii. 72.) 
 
 With respect to the actual mode of voting by 
 ballot in tlie ecclesia we have no certain informa- 
 tion ; but it was probably the same as in tlie courts 
 of law, namely, by means of black and white peb- 
 bles, or shells, put into urns (KaSi'tr/foi) ; the white 
 for adoption, the black for rejection of any given 
 measiue. (Schol. ad Arist. I'csp. 9bl ; and see 
 KAAI'SKOI.) 
 
 The deteniiiiiatioii or decree of the people was 
 called a \\iriipi<jfxa, which properly signifies a law 
 proposed to an assembly, and approved of by the 
 people. The form for drawing up the ^rt<picrij.a.'Ta 
 varied in ditferent ages. [See BOTAH' and rPAM- 
 MATET'S.J 
 
 ^V'e now come to the dismissal of the assembly; 
 the order for wliicli, when business was over, was 
 given by the prytanes (^eKvaav T-qv iKKAnjaiav), 
 tlirough the proclamation of the crier to the people 
 (Aristoph. Ac/iuni. 17 J); and as it was not cus- 
 tomary to continue meetings, which usually 
 began early in the morning (/(/.20) till after sunset, 
 if one day were not sutficieiit for the completion of 
 any business, it was adjourned to the next. But 
 an assembly was sometimes broken up if any one, 
 whetlier a magistrate or private individual, declar- 
 ed that he saw an unfavourable omen, or perceived 
 thunder and lightning. The sudden appearance of 
 rain also, or tlie shock of an earthquake, or any 
 natural phenomenon of the kind called SiocTTj/iiai, 
 was a sufficient reason for the hasty adjournment 
 of an assembly. (Aristoph. A'^ub. 579 ; Thucyd. v. 
 4(i.) 
 
 We have already stated in general terms, that 
 all matters oi pMic and natioyial interest, whether 
 foreign or domestic, were determined upon by the 
 peopie in their assemblies, and we shall conclude 
 this article by stating in detail what some of these 
 matters were. On tliis point Julius Pollux (viii. 
 95) infonus us, that in tlie first assembly of every 
 prytaiiy, which was called leupia, the ^irtx^ipoTona 
 of the magistrates was held ; i. e. an inquisition 
 into their conduct, which, if it proved unfavour- 
 able, was followed by their deposition. In the 
 same assembly, moreover, the 6i(j-ci77eA(Oi or ex- 
 traordinary informations were laid before the peo- 
 ple, as well as all matters relating to the watch and 
 ward of the country of Attica ; the regular ofiicers 
 also read over the fists of confiscated propertj', and 
 the names of those who had entered upon inherit- 
 ances. The second was devoted to the hearing of 
 those who appeared before the people as sujipli- 
 ants for some favour, or for tlie privilege of ad- 
 
'EKKAHSI'A. 
 
 'EXI'NOS.. 
 
 365 
 
 , dressing the assembly without incurring a penalty 
 to which they otlierwise would have been lialjle, 
 
 ' or for indemnity previous to giving information about 
 any crime in which they were accomplices. In all 
 these cases it was necessary to obtain an aSeia, 
 i. ('. a special pennission or immunity, whence 
 Pollux says of the second assembly, 'H Sevrepa 
 (KKArjiTta dvelTai toTs 0ov\oiJ.(VOis dSfds (i. e. etr 
 dSeia) Aiye'v irep'i re twv iSlwv Ka\ ray Sr}fiO<Tia>y. 
 
 In the third assembly, amiiassadors from foreign 
 states were received. In the fourth, religious and 
 other public matters of the state were discussed. 
 
 From this statement, compared with what is 
 said under 'EISArrEAI'A, it appears that in 
 cases which required an extraordinary trial, the 
 people sometimes acted in a judicial capacity, al- 
 though they usually referred such matters to the 
 
 ' court of the Heliaea. There were, however, other 
 cases in which they exercised a judicial power: 
 thus, for instance, the proedri could ex officio 
 prosecute an individual before the people for mis- 
 conduct in the ecdesia. (Acschin. c. Timiirch. p. 5.) 
 Again, on some occasions information {fi-^vvais) 
 was simply laid before the people in assembly, 
 without tlie infonnant making a regular impeach- 
 
 , ment; and although the final determination in cases 
 of this sort was generally referred to a court of law, 
 still there seems no reason to doubt that the peo- 
 ple might have taken cognizance of them in assem- 
 bly, and decided upon them as judges ; just as 
 
 I they did in some instances of heinous and notori- 
 ous crimes, even when no one came forward with 
 an accusation. Moreover, in turbulent and ex- 
 cited times, if any one had incurred the displeasure 
 of the people, they not unfi'equently passed sum- 
 mary sentence upcm him, without anj' regard to 
 the regular and established foniis of proceeding : 
 as examples of which we may mention the cases 
 of Demosthenes and Phocion. The proceedings 
 called ttpoSoX-/) and e7ra77eAi'a were also instituted 
 before the people : further information with re- 
 spect to them, is given under those heads. 
 
 The legislative powers of the people in assembly, 
 so far as they were defined by the enactments of 
 Solon, were very limited ; in fact, strictly speak- 
 ing, no laws coukl, without violating the spirit of 
 the Athenian constitution, be either repealed or en- 
 acted, except by the court of the i^o/j.o6€Tai: it 
 might, however, doubtless happen that \p-q<pi(rfji.aTa 
 passed by the assemblies had reference to general 
 and permanent objects, and were therefore virtually 
 vofioi or laws (Andoc. De Myst. p. 1.3, and 
 No^ioflfToi) ; moreover, if we may judge by the 
 complaints of Demosthenes, it appears that in his 
 days the institutions of Solon had, in this respect, 
 fallen into disuse, and that new laws were made 
 by the people collectively in assembly, without the 
 intervention of the court of the nomotlietae. (De- 
 mosth. c. Timocr, 744 ; Aristot. Polit. iv. c. 4.) 
 
 The foreign policy of the state, and all matters 
 connected with it, and the reg\dation and appropria- 
 tion of the taxes and revenues, were, as we might 
 expect, determined upon by the people in assembly. 
 The domestic economy of the state was under the 
 same superintendence ; a fact which Pollux briefly 
 expresses, by informing us that the people decided 
 in the fourth assembly vepl i€pc5c koI Sriixoalwu, 
 i. e. on all matters, whether spiritual or secular, in 
 which the citizens collectively had an interest. 
 Such, for example, says Schiimann (298), " are 
 the priesthood, the temples of the gods, and aU 
 
 other sacred things ; the treasury, the public land, 
 and public property in general ; the magistracy, 
 the courts, the laws and institutions of the state, 
 and, in fine, the state itself : " in connection with 
 which we may observe, that the meetings for the 
 election of magistrates were called dpxaig^(Tiai, 
 Lastly, as Schcimann remarks, " the people likewise 
 determined in assembly upon the propriety of con- 
 ferring rewards and honours on such citizens or 
 strangers, or even foreign states, as had in any 
 manner signally benehted the commonwealth." 
 It is hardly necessary to add, that the signification 
 of a religious assembly or church, which iKK\i)(Tla 
 bore in later times, sprang from its earlier meaning 
 of an assembly in general, whether of the con- 
 stituency of a whole state, or of its sub-divi- 
 sions, such as tribes and cantons. See Triuu.s and 
 AH"M02. [R. W— N.] 
 
 "EKKiXHTOS nO'AIS. [ST'MBOAA.J 
 'EKKAHTOI was the name of an assembly at 
 Sparta, and seems to have been the same as the 
 so called lesser assemhly (r; fiiKpd KaKovixevt) e/c- 
 KX-qala, Xen. Hell. iii. 3. § ii). Its name seems 
 to indicate a select assembly, but it is difficult to 
 detennine of what persons it was composed ; 
 but since Xenophon ( Hell. ii. 4. 38) men- 
 tions the ephors along with and as distinct from it, 
 we cannot with Tittmann {(Iriech. Staatm: p. 100) 
 and Wachsmuth [Hell. Alter, i. 1. p. 221) consider 
 it as having consisted of the Spartan magistrates, 
 with the addition of some deputies elected from 
 among the citizens. As, however, the (KkX-titoi 
 do not occur until the period when the franchise 
 had been granted to a great number of freedmen 
 and aliens, and when the numljer of ancient citizens 
 had been considerably thinned, it does not seem 
 improbable that the lesser assembly consisted ex- 
 clusively of ancient citizens, either in or out of 
 office ; and this supposition seems very well to 
 agree with the fact, that they appear to have al- 
 ways been jealously watchful in upholding the 
 ancient constitution, and in preventing any inno- 
 vation that might be made by the ephors or the 
 new citizens. (Thirlwall, Hist, of Greece, iv. p. 
 372, &c.) 
 
 The whole subject of the €KK\riToi is involved in 
 difficulty. Tittmann thinks, that though the name of 
 this assembly is not mentioned, it existed long be- 
 fore the Persian war, and that in many cases in 
 which the magistrates (tc A??, dpxovTes or dpxa I ) 
 are said to have made decrees, the magistnites are 
 mentioned instead of the (kkXtitoi, of whom they 
 were the chief members. This last supposition is 
 rejected by Muller (Dor. iii. 5. § 10), who ob- 
 serves that the magistrates were often said to have 
 decreed a measure (especially in foreign affairs) 
 though it had been discussed before the whole 
 assembly and approved by it ; for the magistrates 
 were the representatives and the organs of the as- 
 sembly, and acted in its name. MUller is also of 
 opinion that eK/cATjToi and iKK\r)<Tia are identical, 
 and distinct from the lesser assembly, which he 
 considers to have been a kind of select assembly. 
 But his arguments on this point are not convincing. 
 The eKKKriToi and the lesser assembly are men- 
 tioned about the same time in Grecian history, 
 I and previous to that time we hear of no assembly 
 except the regular (KKKTjala of all the Spartans. 
 (See Xen. Hell. v. ii. ^ 33 ; vi. 3. g 3.) [L. S.] 
 
 "EKAOSIS. [NATTIKO'N.l 
 
 'EXrNOS. [Al'KH, p. 336.] 
 
366 
 
 EDICTUM. 
 
 EDICTUM. 
 
 ECLE'CTICI (eKXfKTtKol), an ancient medical 
 sect, which must not be confounded with tlic 
 school of philosophers of the same name mentioned 
 by Diogenes Laertius {Prooem. c. 14. § 21), though 
 it is probable that they assumed this title in imita- 
 tion of them. Their name is derived from their 
 founder (like Potamo the philosopher) " having 
 selected from each sect the opinions that seemed 
 most probable" (eKXe^a^itvou tcJ dpiaavTa il 
 eKacTTTis TCuv alpicrewv, Diog. Laert. /. c). From 
 a passage* in the Introduction falsely attributed to 
 Galen (c. 4. p. 6ii4. ed. Kiihn), it appears that 
 they were a branch of the Mcthodici [Methodici], 
 and they seem to have agreed very nearly, if 
 not to have been altogether identical, with the 
 sect of the Episynthetici. [Episvnthetici.] 
 They were founded either by Agathinus of 
 Sparta, or his pupil Archigenes. (Galen, Defiiiit. 
 Med. c. 14. p. 353.) Several of the opinions 
 of both of these physicians are to be found in 
 various fragments of their lost works preserved by 
 Galen, Oribasius, Actius, &c. ; but we are nowhere 
 (as far as the writer is aware) informed what were 
 the particular doctrines that they adopted as their 
 own from those of other sects. We can only sup- 
 pose that they endeavoured to join the tenets of 
 the Methodici to those of the Empirici and Dog- 
 niatici [METHonici ; Empirici ; Dogmatici], 
 and to reconcile the differences of those rival and 
 opposite sects. [W. A. G.] 
 
 "EKAOrErS. ['EIS-tOPA'.] 
 
 'EKMAPTTPI'A signifies the deposition of a 
 witness, who, by reason of absence abroad, or ill- 
 ness, was unable to attend in court. His state- 
 ment was taken down in writing, in the presence 
 of persons expressly appointed to receive it, and 
 afterwards, upon their swearing to its identity, 
 was read as evidence in the cause. They were 
 said fiaprvpelv -rrju fKfiaprvpiav : the absent wit- 
 ness, € Kfj.apTvpeiv. the party who procured the 
 evidence, ^K/jiapTvpiav TroiiiaBai. It was considered 
 as the testimony of the deponent himself, not that 
 of the certifying witnesses, and therefore did not 
 come within the description of hearsay evidence, 
 which (except the declaration of a deceased per- 
 son) was not admissible at Athens. The law 
 was, d.KO'fiv elvai fiapTvpeiv TeBvecHros, iKfiaprvp'iav 
 8e liirepop'iov koI dSwaTov. The deponent (like 
 any other witness) was liable to an action for false 
 testimony if the contents of the deposition were 
 untme, unless he could show that it was incor- 
 rectly taken down or forged, in whicli case the 
 certifying witnesses would be liable. Therefore 
 (Isaeus tells us) it was usual to select persons of 
 good character to receive such evidence, and to 
 have as many of them as possible. (Isaeus, De 
 Pi/rr. Herat. 23, 24. ed. Bekk. ; Demosth. c. Stcph. 
 liSO, I13I.) rMAPTTPI'A.] [C. R. K.] 
 
 'EK4>OPA'. [FUNUS.] 
 
 'EK*TAAO*OPrA. [Banishment (Greek), 
 p. 125.] 
 
 'EKnOIErN, 'EKnOIEr50AI. [Adoption 
 (Greek).] 
 
 ECULEUS. [Equuleus.] 
 
 E'DERE ACTIO'NEM. [Actio, p. 9.] 
 
 EDICTUM. The ,Ius Edicendi, or power of 
 making edicts, belonged to the higher magistratus 
 
 * In this passage Le Clerc {IM. de la Med.) 
 conjectures that instead of tKKtKToi we should 
 read kKK^KTiKoi. 
 
 populi Romani, but it was principally exercised by 
 the two praetors, the praetor urbanus, and the 
 pi-actor peregrinus, whose jurisdiction was exercised 
 in the provinces bj"^ the praeses. The curule aedi- 
 Ics also made many edicts, and their jurisdiction 
 was exercised (under the empire at least) in the 
 provinciae populi Romani by the quaestors. (Gaius, 
 i. 6.) There was no edict promulgated in the pro- 
 vinciae Caesaris. The tribunes, censors, and ponti- 
 fices also promulgated edicts relating to the matters 
 of their respective jurisdictions. The edicta are 
 enumerated by Gaius among the sources of Roman 
 law, and this part of the Roman law is sometimes 
 called in the Pandect, Jus Honorarium (Dig. 44. 
 tit. 7. s. 52), apparently because the edictal power 
 belonged to those magistrates only who had the 
 honores, and not so much ad honorem praetorum. 
 (Dig. 1. tit. I. s. 7.) As the edicts of the praetors 
 were the most important, the jus honorarium was 
 sometimes called jus praetoriura ; but properly, the 
 jus honorarium was the term under which was 
 comprehended all the edictal law. 
 
 The Edictum may be described generally as a 
 rule promulgated by a magistratus on entering on 
 his office, which was done by writing it on an 
 album and placing it in a conspicuous place, 
 " Unde de piano recte legi potest." From this 
 circumstance the Edict was considered to be a part 
 of the jus scriptum. As the office of a magistratus 
 was annual, the rules promulgated by a predeces- 
 sor were not binding on a successor, but he might 
 confinn or adopt the rules of his predecessor, and 
 introduce them into his own Edict, and hence such 
 adopted rules were called edictum ralatituun (Cic. 
 ad Att. v. 21 ; ad Divers, iii. 8 ; in Verr. i. 45), or 
 vctus, as opposed to edictum novum. A repen- 
 tinum edictum was that rule which was made 
 (prout res incidit) for the occasion, (/k Verr. iii. 
 14.) A perpetuum edictum was that nJe which 
 was made by the magistratus on entering upon 
 office, and which was intended to apply to all cases 
 to which it was applicable, during the year of his 
 office : hence it was sometimes called also annua lex. 
 Until it became the practice for magistratus to 
 adopt the edicta of their predecessors, the edicta 
 could not form a body of p^ianent binding rules; 
 but when this practice becttme common, the edicta 
 (edictum tralatitium) soon constituted a large body 
 of law, which was practically of as much import- 
 ance as any other part of the law. The several 
 edicta, when thus established, were designated by 
 the names of their promulgators, as the Edictum 
 Carbonianum ; or they were named with reference 
 to the fomula, and the actio whicli they establish- 
 ed, as Aquiliana, Publiciana, Rutiliana, &c. 
 
 The origin of the edictal power cannot be his- 
 torically shown; but as the praetor was a magistrate 
 established for the administration of justice on ac- 
 count of tlie occupations of the consuls, and the 
 consular power was the representative of the kingly 
 power, it seems that the jus edicendi may have 
 been a remnant of the kingly prerogative. How- 
 ever this may be, the edictal power was early 
 exercised, and so far established, that the jus prae- 
 torimn was a recognised di\-ision of law, in, and 
 perhaps somewhat before, the time of Cicero {in 
 Verr. i. 44), in whose age the study of the Edict 
 formed a part of the regular study of the law. {De 
 Le<j. i. 5. ii. 23.) The edict of the aediles about 
 the buying and selling of slaves is mentioned by 
 Cicero {fijf. iii. 17); tlie Edictiones Aedilitiae are 
 
EDICTUM. 
 
 uded to by Plautus (Capt. iv. 2. v. 43) ; and an 
 diet of the praetor Peregrinus is mentioned in the 
 ex Galliae Cisalpinac, which probably belongs to 
 the beginning of the eighth century of the city. 
 The Lex Cornelia, B. r. (j/, provided against abuses 
 I of the edictal power, by declaring that the 
 praetors should decide in particular cases confomi- 
 ably to their peqietual edicts. The edicts made 
 in the provinces are often mentioned by Cicero. 
 They were founded on the edictum urbanuin, 
 , though they likewise comprehended special ndes, 
 applicable only to the ailministration of justice in 
 the provinces, and so far they were properly edictum 
 provinciale. Thus Cicero {ad Ait. vi. 1) says, that 
 he promulgated in his province two edicta ; one 
 provinciale, which, among other matters, contained 
 every thing that related to the publicani, and an- 
 other, to which he gives no name, relating to mat- 
 ters of which he says, " ex edicto et postulari et 
 , fieri Solent." As to all the rest he made no edict, 
 but declared that he would frame all his decrees 
 (decreta) upon the edicta urbana. It appears then 
 that, in the time of Cicero, the edicta already 
 formed a large body of law, which is confinned by 
 the fact that, in his time, an attempt had been 
 already made to reduce it into order, and to com- 
 ment on it. Servius Sulpicius, the great jurist and 
 orator, the friend and contemporary of Cicero, ad- 
 dressed to Brutus two very short books on the 
 Edict, which was followed by the work of Ofilius 
 '(Dig. 1. tit. 2. s. 2); though we do not know 
 whether the work of Ofilius was an attempt to 
 collect and arrange the various edicta, like the sub- 
 sequent compilation of Julian, or a commentary 
 like those of many subsequent jurists (Ofilius 
 edictum praetoris primus diligenter composuit). 
 
 The object of the Edict, according to the 
 Itoman jurists, was the following : — " Adju- 
 vandi vel supplendi vel corrigendi juris civilis 
 gratia propter utilitatem publicam : " the Edict 
 is also described as " viva vox juris civilis." 
 It was in effect an indirect method of legislating, 
 sanctioned, not only by public opinion, but by the 
 sovereign power, and it was the means by which 
 numerous ndes of law became established. It was 
 found to be a more eft'ectual, because an easier and 
 more practical, way of gradually enlarging and 
 altering the existing law, and keeping the whole 
 system in harmony, than the method of direct 
 legislation ; and it is undeniable that the most valu- 
 able part of the Roman law is derived from the 
 edicts. If a praetor established any nile which 
 was found to be inconvenient or injurious, it fell 
 into disuse, if not adopted by his successor. The 
 publicity of the Edict must also have been a great 
 security against any arbitrary changes, for a raagis- 
 tratus would hardly venture to promulgate a rule 
 to which opinion had not by anticipation already 
 given its sanction. Many of the rules promulgated 
 by the Edict may probably have been merely in 
 confonnity to existing custom, more particularly in 
 cases of contracts, and thus the edict would have 
 the effect of converting custom into law. When 
 Cicero (De hwent. ii. 22), however, says that the 
 Edict depends in a great degree on custom, he pro- 
 bably only means that it was usual to incorporate into 
 every new edict what any preceding magistratus 
 had adopted from former edicts. Thus the edic- 
 tum tralatitium obtained its validity by being con- 
 tinually recognised by every successive magistratus. 
 As to the matter of the Edict, it must be supposed 
 
 EDICTUM. 367 
 
 that the defects of the existing law must generally 
 have been acknowledged and felt before any magis- 
 tratus ventured to supply them ; and in doing this 
 he must have confonned to that so-called natural 
 0(|uity which is recognised by all mankind. Under 
 the emperors, also, it may be i)resumed that the 
 oiiiuions of legal writers would act on public 
 o])inion, and on those who had the jus cdicendi. 
 Hence a large part of the edictal rules were found- 
 ed on the so-called jus gentium, and the necessity 
 of s(mic modifications of the strict rules of the civil 
 law, and of additional rules of law, would become 
 the more apparent with the extension of the Ho- 
 num power and their intercourse with other nations. 
 But the method in which the praetor introduced 
 new rules of law was altogether conformable to the 
 spirit of Roman institutions. The process was slow 
 and gradual ; it was not effected by the destruction 
 of that which existed, but by adapting it to cir- 
 cumstances. Accordingly, when a right existed, 
 or was recognised, the praetor would give an action, 
 if there was none ; he would interfere by way of 
 protecting possession, but he could not make pos- 
 session into ownership, and accordingly that was 
 effected by the law [UstiCAPio] : he aided plaintiffs 
 by fictions, as for instance in the Publiciana actio, 
 where the fiction was that the possessor had ob- 
 tained the ownership by usucapion, and so was 
 quasi ex jure Quiritium dominus (Gains, iv. 36); 
 and he also aided parties by exceptiones, and in in- 
 tegnun restitutio. 
 
 The old forms of procedure were few in number, 
 and certainly they were often inconvenient and 
 failed to do justice. Accordingly the praetor ex- 
 tended the remedies by action, as already intimated 
 in the case of the Publiciana actio. This change 
 probably commenced after many of the legis ac- 
 tiones were abolished by the Aebutia lex, and the 
 necessity of new fonns of actions arose. These 
 were introduced by the praetors, and it is hardly a 
 matter of doubt that in establishing the fomiulae 
 they followed the analogy of the legis actiones. It 
 is the conclusion of an ingenious writer {Rhein. 
 Mus. fur Juris, i. p. 51. Die Oeconomie des 
 Edictes, von Heffter) " that the edict of the prae- 
 tor urbanus was in the main part relating to ac- 
 tions arranged after the model of the old legis 
 actiones, and that the system is apparent in the 
 Code of Justinian, and still more in the Digest." 
 
 Under the emperors there were many commen- 
 tators on the Edict. Thus we find that Labeo 
 wrote four books on the Edict, and a work of his in 
 thirty books. Ad Edictum Praetoris Perogrini, is 
 cited by Ulpian. (Dig. 4. tit. 3. s. 9.) When the 
 imperial rescripts became common, the practice of 
 making annual edicts became less common, and 
 after the time of Hadrian probably fell nearly into 
 disuse ; but this opinion, it should be observed, is 
 opposed by several distinguished modern writers. 
 However this may be, Salvius Jnlianus, a distin- 
 guished jurist, who lived in the time of Hadrian 
 and filled the office of praetor, composed a syste- 
 matic treatise on the Edict, which was called 
 Edictum Perpetuum ; and it seems, that from the 
 date of this treatise, the name Perpetuum was 
 more pai-ticularly applied to this edictum than to 
 that which was originally called the Edictum 
 Perpetuum. Julian appears to have collected and 
 arranged the old edicts, and he probably both 
 omitted what had fallen into disuse, and abridged 
 many parts, thus giving to the whole a systematic 
 
308 
 
 EDICTUM. 
 
 'EI2ArnAEI"2. 
 
 character. The work of Julian must have had a 
 great influence on tlie study of the law, and on 
 subsequent juristical writings. Nothing is known 
 of the details of this treatise. It does not seem 
 probable that the edicts of the two Roman prae- 
 tors, together with the Edictum Provinciale, and 
 the edicts of the curule aediles, were blended into 
 one in this compilation. If the work of Julian 
 comprehended all these edicts, they must have been 
 kept distinct, as the subject matter of them was 
 different. We know that the edicts of the curule 
 aediles were the subject of distinct treatises by 
 Gaius, Ulpian, and Paulus, and the Edictum Pro- 
 vinciale would from its nature be of necessity kept 
 separate from all the rest. But some writers are of 
 opinion tliat the Edictum Perpctuum of Julianus 
 made one bodj- of law out of the edicta of the prae- 
 tor urbanus and peregrinus, that there was also in- 
 corporated into it much of the Edictum Provinciale, 
 and a large part of the Edictum Aedilicium, as 
 an appendage at least. The Edict thus arranged 
 and systematised was, it is further supposed, pro- 
 mulgated in the provinces, and tluis became, as far 
 as its provisions extended, a body of law for the i 
 empire. This view of the edictum of .Julianus is 
 confirmed by the fact of Italy being divided by 
 Hadrian into the city of Rome with its appurtenant 
 part, and four districts. The magistratus remained 
 as before, but the jurisdiction of the praetor was 
 limited to Rome and its territory ; and magistrates 
 called consulares, and subse(|uently, in the time of 
 Aurelius, juridici, were appointed to administer 
 justice in the districts. As the edictal power of 
 the praetor was thus limited, the necessity for a 
 comprehensive Edict (such as the Edictum Perpe- 
 tuum) is the more apparent. 
 
 There were numerous writings on the Edict 
 besides those above enumerated. They were sonw^ 
 times simply entitled ad Edictum, according to the 
 citations in the Digest ; and there were also other 
 juristical writings, not so entitled, which followed 
 , the order of the Edict, as, for instance, the epitome 
 of Ilennogenianus. (Dig. 1. tit. 5. s. "2.) Ulti- 
 mately the writings on the Edict, and those which 
 followed the arrangement of the Edict, obtained 
 more authority than the Edict itself, and became 
 the basis of instruction. 
 
 Some few fragments of the older edicts are found 
 here and there in the Roman writers, but it is 
 chiefly from the writings of the jurists as excerpted 
 in the Digest that we know anything of tlie Edict 
 in its later fonn. It seems pretty clear that the 
 order of Justinian's Digest, and more particularly 
 that of his Code, to some extent followed that of 
 the Edict. The writings on the Edict, as well as 
 the Edict itself, were divided into tituli or nibricae, 
 and these into capita ; some special or detached 
 rules were named clausulae ; and some parts were 
 simply named edictum, as Edictum Carbonianum, 
 &c. 
 
 The Edicta or Edictales Leges of the emperors 
 are mentioned under Constitutio. 
 
 The Digest, as already observed, contains nu- 
 merous fragments of the Edicts. The most com- 
 plete collection of the fragments of the Edicts is 
 by Wieling, in his " Fragmenta Edicti Perpctui," 
 P'ranek. 173.3. The latest essay on the subject is 
 by C. G. L. de Weyhe, " Libri Tres Edicti sive 
 de origine fatisque .lurisprudentiae Romanae-prae- 
 sertim Edictorum Praetoris ac de forma Edicti 
 Perpetui," Cell. 1821. The twenty-first book of 
 
 the Digest (tit. 1 ) is on the Aedilicium Edictum. 
 ( Zimmem, Geschichie des Rom. P rival rec/its ; 
 Marezoll, Lehrbach, &c.. Rein, Das Jiomisdie 
 Privatreclit, &c., ein Hiilfsbuch zur erkl'druny der 
 idien Ctasdker, &c., Leipzig, 1836, a useful work; 
 Savigny, Geschkhte des R. R., &c. vol. i. c. 1.) 
 
 [G. L.] 
 
 EDICTUjVI THEODORICL This is the first 
 collection of law that was made after the downfal 
 of the Roman power in Italy. It was promulgated 
 by Theodoric, king of the Ostrogoths, at Rome, in 
 the year A. D. ,500. It consists of 154 chapters, 
 in which we recognise parts taken from the Code 
 and Novellae of Theodosius, from the Codices Gre- 
 gorianus and Ilennogenianus, and the Sententiae 
 of Paulus. The Edict was doubtless drawn up by 
 Roman writers, but the original sources are more 
 disfigured and altered than in any other compila- 
 tion. This collection of law was intended to apply 
 both to the Goths and the Romans so far as its 
 provisions went ; but when it made no alteration 
 in the Gothic law, that law was still to be in force. 
 There is an edition of this Edictum by G. F. Rhon, 
 Halae, 181(), 4to. (Sa\-igny, Geschkhte des R. R. 
 &c.) [G. L.] 
 
 ^EEANA. [Dos (Greek).] 
 
 'EIK02TH' was a tax or duty of one twentieth 
 (five per cent.) u])on all commodities exported or 
 imported by sea in the states of the allies subject 
 to Athens. This tax was first imposed B. c. 413, 
 in the place of the direct tribute which had up to this 
 time been paid by the subject allies; and the 
 change was made with the hope of raising a greater 
 revenue. (Tluicyd. vii. 28.) This tax, like all 
 others, was farmed, and the fanners of it were 
 called tMoaTokoyoi. It continued to be collected 
 in B. c. 40.5, as Aristophanes mentions an ^ikoctto- 
 Koyos in tlie Frogs (1. 348). See Bijckh, Ptdd. 
 Ei-nn. of Athens, ii. p. 38. 139. 
 
 'EIKOSTOAOrOI. ['EIKOSTH'.] 
 
 "EI'PHN or "IPHN was the name given to the 
 Spartan youth when he attained the age of twenty. 
 At the age of eighteen he emerged from cliildhood, 
 and was called /j-eWeip-qv. (Phit. Lt/c. 17.) When 
 he had attained his twentieth year, he began to 
 exercise a direct influence over his juniors, and 
 was entrusted with the command of troops in 
 battle. The word appears to have originally signi- 
 fied a commander. Hesychius explains "'Ipai/es by 
 apxovres, SiwKovres : and (iprjvd^et by KparfT. 
 The igei'er mentioned in Herodotus (ix. 8.5) were 
 certjiinly not youths, but commanders. (MUUer, 
 Dorians, ii. p. 31.5.) 
 
 'eisaTein. ['Ei2ArnrE"i5.] 
 
 'EISArnrErS were not themselves distinct 
 classes of magistrates, but the name was given to 
 the ordinary magistrates when they were applied 
 to to bring a cause {tladyeiv) into a proper court. 
 [AIAITHTAI', p. 331 ; AI'KH, p. 335.] The 
 cause itself was tried, as is explained under AIkt), 
 by dicasts chosen by lot ; but all the preliminary 
 proceedings, such as receiving the accusation, 
 di'awing up the indictment, introducing the cause 
 into court, &c., were conducted by the regular 
 magistrate, who attended in his own department 
 to all that was understood in Athenian law by 
 the ■^yefiovia toC SiKaaTT^gtov. Thus we find the 
 strategi, the logistae, the tTriiTTaTai rav tr)ixoalo>v 
 egyccv, the 67ri|Ue\r;Tol tou e/xnoglou, &c., pos- 
 sessing this riyeixovla ; but it was not the chief 
 business of any of tlie public magistrates, except 
 
'EI2ArrEAl'A. 
 
 'EISArrEAI'A. 
 
 369 
 
 of the archons and perhaps of tlio eleven. The chief 
 part of the duties of the former, and especially of 
 the thesraothetae, consisted in receiving accusa- 
 tiiins and brinaing causes to trial (6tVa'7€i>') in 
 tlie pi-oper courts. [AitrHON, p. 74.] (Ilennann, 
 Pol. Ant. cfdrrcce, § 138.) 
 
 'EISArf EAI'A signifies, in its primary and most 
 general sense, a denunciation of any kind (Schij- 
 mann, Dc Coin. p. l!il), but, much more usually, 
 an information laid before the council or the assem- 
 bly of the people, and the consequent impeachment 
 and trial of state criminals at Athens under novel 
 or extraordinary circumstances. Among these 
 were the occasions upon which manifest crimes 
 were alleged to have been committed, and yet of 
 such a nature as the existing laws had failed to 
 anticipate, or at least describe specifically {aypa(pa 
 diiKi/iixaTa), the result of which omission would 
 have been, but for the enactment by which the 
 accusations in question might be preferred (vofios 
 €i(ra77€ATiKrfs), that a prosecutor would not have 
 kno^vn to what magistrate to apply ; that a magis- 
 trate, if applied to, could not with safety have ac- 
 cepted the indictment or brought it into court ; 
 and that, in short, there would have been a total 
 failure of justice. (Harpocrat. s. r.) The process 
 in question was peculiarly adapted to supply 
 these deficiencies ; it pointed out, as the authority 
 competent to determine the criminality of the 
 alleged act, the assembly of the people, to which 
 applications for this purpose might be made on the 
 first business-day of each prytany {nvp'ta eKK^rjala, 
 Harpocrat.), or the council, which was at all times 
 capable of undertaking such investigations; and 
 occasionally the accusation was submitted to the 
 cognizance of both these bodies. After the oflFence 
 had been declared penal, the forms of the trial and 
 amount of the punishment were prescribed by the 
 same authority ; and, as upon the conviction of the 
 offenders a precedent would be established for the 
 future, the whole of the proceedings, although ex- 
 traordinar}-, and not originating in any specific 
 law, may be considered as virtually establishing a 
 penal statute, retrospective in its first application. 
 (Lycurg. c. Lcocrat. 149. ed. Steph.) 
 
 The speech of Eurj'ptolemus (Xen. Hell. i. 7. 
 suh. fin.) clearly shows that the crime charged 
 against the ten generals who fought at Arginusae 
 was one of these unspecified offences. The decree 
 of the senate against Antiphon and his colleagues 
 {Vii. Dec. Orator, in Antiph. 833 E.), directing 
 that they should be tried, and, if found guilty, 
 punished as traitors, seems to warrant the infer- 
 ence, that their delinquency (viz. having under- 
 taken an embassy to Sparta by order of the Four 
 Hundred, a government declared illegal upon the 
 reinstatement of the democracy), did not amount 
 to treason in the usual sense of the tenn, but re- 
 quired a special declaration by the senate to render 
 it cognizable as such by the Heliaea. Another 
 instance of treason by implication, prosecuted as 
 an extraordinary and imspecified crime, appears in 
 the case of Leocrates, who is, in the speech already 
 cited, accused of having absented himself from his 
 country, and dropped the character of an Athe- 
 nian citizen at a time when the state was in immi- 
 nent danger. Offences, however, of this nature 
 were by no means the only ones, nor indeed the 
 most numerous class of those to which extraordi- 
 nary' denunciations were applicable. They might 
 be adopted when the charge embraced a combina- 
 
 tion of crimes, as that of treason and impiety in 
 the famous ca.se of Alcibiades, for each of which a 
 common indictment {ypa<pi^) was admissible, when 
 the accused were persons of great influence in the 
 sUite, wheii the iuiputed crime though punishable 
 by the ordinary laws was peculiarly heinous, or 
 when a more speedy trial than was permitted by 
 the usual course of business was requisite to ac- 
 complisli the ends of justice. (Schiimann, f)e Com. 
 p. 190 ; Haipocrat.) Circumstances such as these 
 would, of course, be very often pretended by an in- 
 fonner to excite the greater odium against the 
 accused, and the adoption of the process in ques- 
 tion must have been much more frequent than 
 was absolutely necessary. 
 
 The first step taken by the informer was to re- 
 duce his denunciation to writing, and submit it 
 immediately to the cognizance of the council, 
 which had a discretionary power to accept or re- 
 ject it. (Lys. c. Nicom. 18.5.) Schiimann main- 
 tains that a reference to this body was also neces- 
 sary wlien it was intended to bring the matter 
 before the assembly of the people, but that its 
 agency was in such cases limited to pemiitting 
 the impeachment to be announced for discussion, 
 and directing the proedri to obtain a hearing for 
 the infi)nner. Tlie thesmothetae are also men- 
 tioned by Pollux (viii. 87) as taking part in bring- 
 ing the matter before the assembly, but upon what 
 occasion they were so employed we can only con- 
 jecture. 
 
 In causes intended for the cognizance of the 
 council only, after the reception of the denuncia- 
 tion, threi; courses with respect to it might be 
 adopted by tliat body. If the alleged offence were 
 punishable bj' a fine of no greater amount than 
 five hundred drachmae, the council itself formed a 
 court competent for its trial ; if it was of a graver 
 character they might pass a decree, such as that in 
 the case of Antiphon already mentioned, dii'ecting 
 the proper officers to introduce the cause to a He- 
 liastic court, and prescribing the time and fonns 
 of the trial, and the penalty to be inflicted upon 
 the conviction of the crimin;ds ; lastly, if the pat- 
 ter were highly important, and from doubts or 
 other reasons they required the sanction of the 
 assembl}-, they might submit the cause as it stood 
 to the consideration of that body. In the first 
 case, the trial was conducted before the council 
 with all the fonns of an ordinary court, and if, 
 upon tlie assessment of penalties, the offence seem- 
 ed to deserve a heavier punishment than fell with- 
 in its competency, the trial was transferred to a 
 Heliastic court, by the delivery of the sentence of 
 the council {Km-dyvuicns') to the thesmothetae by 
 the scribe of the prytanes, and upon these officers 
 it then devolved to bring the criminals to justice. 
 (Demosth. c. Thnocr. 720.) The accused were in 
 the meanwhile put into prison for safe custody by 
 the authority of the council. When the offence 
 was oljviously beyond the reach of the senate's 
 competency, the trial was dispensed with, and a 
 decree immediately drawn up for submitting the 
 cause to a superior court. 
 
 When a cause of this kind was so referred, the 
 decree of the senate, or vote of the people, asso- 
 ciated other public advocates, generally ten in num- 
 ber, with the informer, who received a drachma 
 each from the public treasury (avvfiyopot). And 
 besides these, permission was given to anj- other 
 citizen to volunteer his services on the side of the 
 
370 
 
 'EISITH'PIA. 
 
 'ElS*OPA'. 
 
 prosecution. If the information were laid before 
 the assembly, either by the accuser himself, or the 
 senate, the hrst proceedings in the ca.use had for 
 their object to establish the penalty of the offence, 
 OT the apparent culpability of the accused ; and this 
 being decided by a vote of the people after a public 
 discussion, the mode of conducting the trial and 
 the penalty were next fixed. In the case of the 
 ten generals, the assembly directed that the senate 
 should propose the requisite arrangements. The 
 plan of the senate, however, was not necessarily 
 adopted, but might be combated by rival proposals 
 of any private citizen. The assembly very often 
 referred the matter to the Heliastic courts, but 
 occasionally undertook the trial itself; and when 
 the prisoner was accused of treason, we are told 
 (Xen. /. c) that he made his defence to the assem- 
 bly in chains, and with a keeper upon either side ; 
 and, according to another authority (Schol. ad 
 Aristoph. Eccles. 1081), that the time for such de- 
 fence was limited. After this the tribes voted by 
 ballot, two urns being assigned to each trilie for 
 this pui'pose. The infonner, in the event of the 
 prisoner being acquitted, was subjected to no 
 penalty if he obtained the votes of as many as a 
 fifth of the judges ; otherwise, he was liable to a 
 fine of a thousand drachmae. For a more ample 
 discussion of the trials in question the reader is re- 
 ferred to Schdmann, De Chmiti/s, c. iii. 
 
 Besides the class of causes hitherto described, 
 tliere were also two others wliich equally bore the 
 name of flaayye?^'ia, though by no means of the 
 same importance, nor indeed much resembling it 
 rn the conduct of the proceedings. The first of 
 these consists of cases of alleged KUKoiats, i. e. 
 wrong done to aged or helpless parents, women, 
 or oiphans. Upon such occasions the informer 
 laid his indictment before the archon, if the 
 aggrieved persons were of a free Attic family ; or 
 before the polemarch, if they were resident aliens. 
 The peculiarities of this kind of cause were, that 
 any Athenian citi/.eu might undertake the accusa- 
 tion ; that the infonner was not limited as to time 
 in his address to the court, and incurred no penalty 
 whatever upon failing to obtain a verdict. With 
 respect to the accused, it is obvious that the cause 
 must have been Ti|U7)T<(r, or, in other words, that 
 the court would have the power of fixing the 
 amount of the penalty upon conviction. The third 
 kind of €i(T077€Ai'a was available against one of 
 the public arbitrators (5<aiTrjTr7s), when any one 
 complained of his having given an unjust verdict 
 against him. The information was in this case 
 laid before the senate ; and that the magistrate 
 who had so offended, or did not appear to defend 
 himself, might be punished by disfranchisement, 
 we know from the instance mentioned by Demos- 
 thenes (c. Meiil. 542. 14). This passage, how- 
 ever, and an allusion to it in Ilarpocration. con- 
 stitutes the whole of our information upon tlie 
 subject. (Hudtwalcker, ubcr die Di'dicl. p. 19 ; 
 Meier, A tt. Proc. 270. ) [J. S. M.] 
 
 'EISITH'PIA, scil. Upd, sacrifices which were 
 offered at Athens by the senate before the session 
 began, in honour of tlie 06o! BouXaioi, i. e. Zeus 
 and Athena. (Antiph. /A' Char. p. 789 ; Buckh, 
 Corj). Inscript. i. p. (j71.) The sacrifice was ac- 
 companied by libations, and a common meal for all 
 the senators. (Demosth. I)f Fah. Lcij. p. 400. 24 ; 
 compare with c. M'ul. p. o,52. 2, wliere ewiTTjpia are 
 said to be offered for the senate, vwip rrjj PovAijs.) 
 
 Suidas (.?. V.) calls the eliriTripia a festive day — 
 the first of every year — on which all the Athenian 
 magistrates entered upon their office, and on which 
 the senate offered up sacrifices for the purpose of 
 obtaining the goodwill of the gods for the new 
 magistrates. But this statement, as well as the 
 further remarks he adds, seem to have arisen from 
 a gross misunderstanding of the passage of Demos- 
 thenes (Z>e! Fals. Lei/, p. 400), to which he refers. 
 Schdmann (De Comit. p. 291. transl.) adopts the 
 account of Suidas, and rejects the other statement 
 without giving any reason. [L. S.] 
 
 'EI24>OPA', literally a contribution or tribute, 
 was an extraordinary tax on property, raised at 
 Athens, whenever the means of the state were not 
 sufficient to carry on a war. The money thus 
 raised was sometimes called rd KaraSKi^fjiaTa. 
 (Deraostli. c. TiiiiDi-r. p. 7H1.) We must carefully 
 distinguish between this tax and the various 
 liturgies which consisted in personal or direct ser- 
 vices which citizens had to petform, whereas the 
 ei<T<l>vpa. consisted in paying a certain contribution 
 towarils defraying the expenses of a war. Some 
 ancient writers do not always clearly distinguish 
 between the two, and Ulpian on Demosthenes 
 (U/ipifh. ii. p. 33. e.) cntirel}' confounds them ; and 
 it is partly owing to these inaccuracies that this 
 subject is involved in great difficulties. At the 
 time when armies consisted only of Athenian citi- 
 zens, who equipped themselves and sen-ed without 
 pay, the military service was indeed nothing but a 
 species of extraordinary liturgy ; but wlien mer- 
 cenaries were hired to perform the duties of tlie 
 citizens, when wars became more expensive and 
 frequent, the state was obliged to levy contribu- 
 tions on the citizens in order to be able to carry them 
 on, and the citizens then paid money for services 
 which previously they had performed in person. 
 
 It is not quite certain when this property-tax 
 was introduced ; for, although it is commonly in- 
 feiTcd, from a passage in Thucydides (iii. 19), that 
 it was first instituted in 428 B. c. in order to de- 
 fray the expenses of the siege of Mitylene, yet we 
 find d<T<f>opd mentioned at an earlier period. (See 
 Antiph. Ti'fnil. i. h. c. 12 ; Isaeus, Dc Dinimii.c. 
 37; and Tittmann, GriccL Staatsi-. p. 41, note 31); 
 and even the passage of Thucydides admits of an 
 interpretation quite in accordance with this, for it 
 is certainly not impossible that he merely meant to 
 say, that so large an amount as 2(10 talents had 
 never before been raised as elaipopd. But how- 
 ever this may be, after the year 428 B. c. this pro- 
 perty-tax seems to have frequently been raised, for, 
 a few years afterwards, Aristophanes {Kipiii. 922) 
 speaks of it as something of common occiu'rence. 
 Such a contribution could never be raised without 
 a decree of the people, who also assigned the 
 amount required (Demosth. c.Po/j/rf. p. 1208 ; Aris- 
 toph. Ecc/cs. 818); and the generals superintend- 
 ed its collection, and presided in the courts where 
 disputes connected with, or arising from, the levy- 
 ing of the tax were settled. (Wolf, Proh'ii. in 
 Lepfin. p. 94; Demosth. c. Boeo/. p. 1002.) 
 Such disputes seem to have occuiTed rather 
 frequently ; personal enmity not seldom induced 
 the officers to tax persons higher than was 
 lawful, according to the amount of their pro- 
 perty. (Aristoph. /. e. ; Demosth. c. Aplioh. p. 
 81.').) The usual expressions for paying this pro- 
 pcrtj'-tax are : elafepeiv XP^I^"-'^"-^ elacpegeiv fis 
 rov jroAejUoc, 6is Trji/ aonvgiav rfs -noKiws, 
 
'EI2*OPA'. 
 
 ti<r<t>ogds ehipigeiv, and those who paid it were 
 called 01 el<r(pfgovTes. On the occasion mentioiied 
 by Thucydides, the amount which was raised was, 
 ■ as we have seen, "200 talents, which, if we suppose 
 . the taxable property to have been 20,000 talents, 
 was a tax of one per cent. (Bcickh, Utaatah. ii. p. 
 56.) At other times the rates were higher or 
 lower according to the wants of the republic at the 
 time ; we have accounts of rates of a twelfth, a 
 fiftieth, a hundredth, and a five hundredth part of 
 the taxable property. 
 
 The census of Solon was during the first period 
 the standard according to which the elircpogd was 
 raised, until in 377 b. c, in the archonship of 
 Nausinicus, a new census was instituted, in which 
 the peo])le, for the purpose of fixing the rates of 
 
 ■ the property-tax, were divided into a number of 
 ' s^'mmoriae ((rvfifiogiai) or classes, similar to those 
 ; which were afterwards made for tlie trierarchy. 
 
 (Philoch. apw/ Harpocratf.v. 'Svfifiupia: Demosth. 
 , c. Am/rot. p. 606 ; Ulpian, ad Deiimsth. Olynth. ii. 
 p. 33. 6.) The nature of this new census, not- 
 withstanding the minute investigation of Boekh 
 (Staatsh. book iv.), is still involved in great ob- 
 scurity. Each of the ten phylae, according to 
 Ulpian, appointed V2Q of its wealthier citizens, who 
 : were divided into two parts, according to their 
 f property, called symmoriae, each consisting of sixty 
 \ persons ; and the members of the wealthier of the 
 rl two s_\nnmoriae were obliged, in cases of urgent 
 :i necessity, to advance to the less wealthy the sum 
 
 • required for the ^Icnpoga {npoeKTcpogd, Demosth. c. 
 I J\Ikl. p. 564, &c.). When the wants of the state 
 
 had been thus supplied, those who had advanced 
 |, the money could at their ease, and in the usual 
 : way, exact their money back from those to whom 
 ; they had advanced it. The whole number of per- 
 sons included in the symmoriae was 1"2U0, who 
 
 ■ were considered as the representatives of the whole 
 republic ; it would, however, as Biickh justly ob- 
 sei-ves, be absurd to suppose with Ulpian that 
 these 1200 alone paid the property-tax, and that 
 all the rest were exempt from it. The whole 
 
 ; census of 6000 (Demosth. Dr Si/mmor.), or more 
 , accurately of 5750 talents (Poly'b. ii. 62. § 7), was 
 I surely not the property of 1200 citizens, but the 
 taxable property of the whole republic. Many 
 others, therefore, though their property was smaller 
 
 • than that of the 1200, must have contributed to 
 ; the eitrcpogd, and their property must be considered 
 
 as included in the census of 5750 talents of tax- 
 able property. 
 
 The body of 1200 was, according to Ulpian, 
 also divided into four classes, each consisting of 
 300. The first class, or the richest, were the 
 I leaders of the symmoriae (riyffj.ii'fs avixfiogiuv), 
 ' and are often called the tliree hundred Kar i^oxw. 
 They probablj- conducted the proceedings of the 
 I synnnoriae, and they, or, which is more likely, the 
 demarchs, had to value the taxable projK'rty. 'Other 
 
 'EI2*OPA'. 
 
 371 
 
 c. PolycL p. 1200.) The rates of taxation for the 
 four classes have been made out with great pro- 
 bability by Bcickli {t^taaUh. ii. p. 55), from whose 
 work the following table is taken : — 
 
 First Class, from livelve talents ujwartls. 
 
 Proiierty. 
 
 500 tal. 
 
 100 „ 
 50 „ 
 15 „ 
 1-2 „ 
 
 Taxable Capital. 
 
 100 ta\. . . 
 
 20 „ . . 
 
 10 „ . . 
 
 3 „ . . 
 2 tal. 
 
 24 min. 
 
 Property-tax 
 on-20tti part. 
 5 tal. 
 1 „ 
 30 min. 
 9 „ 
 720 drach. 
 
 Second Class, from sir talents and upwards, but 
 under ticclve. 
 Taxable. Taxable Capital, 
 
 Property. 
 
 II tab 
 10 „ 
 8 „ 
 7 „ 
 6 „ 
 
 1 tal 
 
 1 „ 
 
 1 „ 
 
 1 „ 
 
 1 „ 
 
 SO min. 
 40 „ 
 20 „ 
 10 „ 
 
 Property-tax 
 of l-20tli part. 
 550 drach. 
 500 „ 
 400 „ 
 350 „ 
 300 „ 
 
 Third Class, from two talents zipteards, hut under 
 sir. 
 
 Property. 
 
 Taxable. 
 
 Taxable Capital 
 
 Property-tax 
 of I -ZOtli part. 
 
 5 tal. 
 
 1 
 
 ■ H 
 
 37iT mill. 
 
 li)7ij drach. 
 
 4 „ 
 
 8 
 
 30 " „ 
 
 150 „ 
 
 3 „ 
 
 S 
 
 22-i 
 
 112^ „ 
 
 O 1 
 
 -2 " 
 
 S 
 
 18| I '. 
 
 i)H „ 
 
 9 
 
 ^ 5^ 
 
 S 
 
 15 „ . . 
 
 75 „ 
 
 Fourth Class, from twenty-five miriae uptcards, but 
 under two talents. 
 
 Property. 
 1± tal. 
 
 1 
 
 45 min. 
 30 „ 
 25 „ 
 
 Taxable. 
 
 Taxable- Capital. 
 000 drach. . 
 600 „ 
 450 „ 
 300 „ 
 250 „ 
 
 Property-tax 
 of 1 20th part. 
 
 45 drach. 
 
 30 „ 
 
 22i „ 
 
 15 „ 
 
 12i ,. 
 
 Every one had to pay his tax in the phyle 
 where his landed property lay, as appears from 
 the oration of Demosthenes against Polycles; and 
 if any one refused to pay, the state had a right to 
 confiscate his estate, but not to punish the indi- 
 vidual with atimia. (Demosth. c. Androt. p. 609, 
 e. Timorrut. p. 752.) But if any one thought that 
 his property was taxed higher than that of another 
 man on whom juster claims could be made, lie had 
 the right to call upon this person to take the office 
 in his stead, or to submit to a complete exchange 
 of property. ['ANTI'A02I2.] No Athenian, on 
 the other hand, if lielouging to the tax-paying 
 classes, could be exempt from the el(T(poga, not even 
 the descendants of Hannodius and Aristogiton. 
 (Demosth. e. Lcpiin. p. 462, &c.) Orphans though 
 exempt from liturgies were obliged to pay the pro- 
 perty-tax, as we see in the instance of Demosthe- 
 nes, who was one of the leaders of the symmoriae 
 officers were appointed to make out the lists of the ; for ten years, (e. j\Iid. p. 565; compare Isaeus, 
 rates, and were called tTnyoa<pfis, Siayga<p€is or | ap. Dionys. Isaeus p. 108; or Orut. Grace, vol. vii, 
 
 iKKoyit^. When the wants of the state were 
 pressing, the 300 leaders, perhaps in connection 
 with the 300 included in the second class — for 
 Ulpian, in the first portion of his remark, states 
 that tire richer symmoria of every phyle had to 
 perform this duty — advanced the money to the 
 others on the above mentioned temis (Demosth. e. 
 Pktenipp. p. 146), which, however, was never 
 done unless it was decreed by the people. (Demosth. 
 
 p. 331. ed. Reiske.) Even trierarchs were not 
 exempt from paying the et<T(pogd themselves, 
 although the\- could not be compelled to pay the 
 ■Kpoeiatpopa. (Demosth. c. Polycl. p. 1209 ; c. Phae- 
 nijij). p. 1046.) It seems that aliens were likewise 
 subject to it, for the only instance we have of any 
 exception being made is one of aliens. (Marm. 
 Oxon. II. xxiv; Bbckh, Staatsh. ii. p. 75.) 
 
 For further information concerning the subject 
 2 B 2 
 
372 
 
 ELEVEN, THE. 
 
 ELEUSINIA. 
 
 of the elffcpopd, see the fourth book of Bockh's 
 J'lilJic Ei-iiiionn; nf Alliens; Wolf, Prulcc/omcna in 
 Lrpiin; Wachsmuth, IMlai. Alterth. ii. 1. p. 136 ; 
 Hermann, Pol. Anf. of Greece, § 162. [L. S.] 
 'EI2noiEr20AI. [Adoption (Greek).] 
 ELAEOTHE'SIUM. [Baths, p. 139.] 
 'EAA4>HB0'AIA, the greatest festival in the 
 town of Hyanipolis, in Phocis, which was cele- 
 brated in honour of Artemis, in commemoration, it 
 is said, of a victory which its inlialjitants had 
 gained over the Thessalians, who had ravaged the 
 country and reduced the Phocians in the neighbour- 
 hood of the town nearly to the last extremity. 
 (Pint. De Mid. r7rf.p.26Y; Paus.x. 35. §4.) The 
 only particular which we know of its celebration, 
 is that a peculiar kind of cake {i\a<f>os) was made 
 on the occasion. (Athen. xv. p. 646.) These 
 cakes were, as their name indicates, probably made 
 in the shape of a stag or deer, and offered to the 
 goddess. The festival of tlie elaphebolia was also 
 celebrated in many other parts of Greece, but no 
 particulars are known. (Etyniol. Magn. s. v. 'EAct- 
 ip-qSokuLv.') [L. S.] 
 
 'EAA*HBOAm'N. [Calendar (Greek).] 
 ELECTRUM. [Bronze, p. 165.] 
 ELEVEN, THE (ol evSeKa), were magistrates 
 at Athens of considerable importance. They are 
 always called by tliis name in the classical writers; 
 but in the time of Demetrius Phalereus, their name 
 is said to have been changed into that of i/ofio- 
 <pv\aKes (Pollux, viii. 102), who were, however, 
 during the dcnincracy distinct functionaries. 
 [NOMO'i>T'AAKE2.J The gi-ammarians also give 
 other names to the Eleven, as SetXfiocpvAaKes, 
 Se(r|Uo<fuAa/cer, &c. (Schol. ad Aristoph. Plut. 
 277 ; Vcsp. 775. 1108.) 
 
 The time at wliich the office of the Eleven was 
 instituted is disputed. Ullrich considers the ofHce 
 to Iiave been of an aristocratical character, and 
 concludes from a passage in Heraclides Ponticus 
 (i. § 10) that it was established by Aristides. 
 Meier, on the other hand, maintains that the office 
 existed not only before the time of Cleistlienes, 
 but probably before the legislation of Solon ; but it 
 seems impossible to come to any satisfactory con- 
 clusion on the subject. They were annually chosen 
 by lot, one from each of the ten tribes, and a 
 secretary [ypaixixaT^vs), who must properly be re- 
 garded as their servant (uTr^jpeVrir), though he 
 formed one of their number. (Pollux, viii. 102.) 
 
 The principal duty of the Eleven was the care 
 and management of the public prison(5EiT|UwT7ipioj') 
 [See Carcer], which was entirely under their 
 jurisdiction. The prison, however, was seldom 
 used by the Athenians as a mere place of confine- 
 ment, serving generally for punishments and exe- 
 cutions. When a person was condemned to death 
 he was immediately given into the custody of the 
 Eleven, who were then bound to carry tlie sentence 
 into execution according to the laws. (Xen. Ilell. 
 ii. 3. § 54.) The most common mode of execution 
 was by hemlock juice {kuvciov), which was drunk 
 after 'sunset. (Plato, P/iaod. c^ 65, 66.) The 
 Eleven had under them jailors, executioners, and 
 torturers, who were called by various names (o'l 
 ■jrapaaTaTai, Bckker, Aiiec. p. 296. 32 ; 6 Tav 
 evSeKa uTTTjpeTTjs, Xen. Hell. ii. 3. § 54 ; d 5rj/xrf- 
 Kotvos, Antiph. De Vemf. 615 ; d Srifwcnos, or 
 S-^fjLios, &c.). When torture was inflicted in 
 causes affecting the state, it was either done in 
 the immediate presence of the Eleven (Demosth. 
 
 c. Nicost. 1254. 2) or by their servant (d Siqutos). 
 [BA'2AN05.] 
 
 The Eleven usually only had to carry into 
 execution the sentence passed in the courts of law 
 and the public assemblies ; but in some cases they 
 possessed an riyefA.ovia RiKocTTTjpi'ou. This was the 
 case in those sunnuary proceedings called dira- 
 7&>7^, 6<p7)77)(ris, and evSn^is, in which the penalty 
 was fixed )jy law, and might be inflicted liy the 
 court on the confession or conviction of the accused 
 witliout appealing to any of the jury courts. 
 ['AITArnrH'.] Tliey also had an 7)76/iom 
 SiKacTTriplov in the case of KaKovpyoi, because the 
 summaiy proceedings mentioned above were 
 chiefly adopted in the case of such persons : hence 
 Antiphon {l)c Cuedc Herod. 713) calls them 
 eVi|U6A7)Tal Tail' KaKovpyav. The word KaKOVgyoi 
 properly means any kind of malefactors, but is only 
 applied in Athenian law to thieves (KAeTTToi), 
 house-breakers (Toixmpuxoi*), man-stealers (uvSpa- 
 iroSicTTai'), and other criminals of a similar kind. 
 (Meier, Aft. Proc. 76, 77.) 
 
 The Eleven are also said to have possessed 7)76- 
 IJLOvia StKacrrrip'iov in the case of confiscated pro- 
 perty {Etymol. Mat/, p. 338. 35), which statement 
 is confinned by an inscription published by Bbckh 
 {Urkunden uher das Seewescn des Attisclicti Staaies, 
 p. 5,35). 
 
 (Ullrich, Ueljer die Eilf Maimer, appended to 
 his translation of Plato's Meno, Crito, and the 
 first and second Alcibiades, Berlin, 1821 ; Sluiter, 
 Lediones Andocid. p. 256 — 261 ; Meier, Proc. 
 68—77 ; Schubert, De Aedilibm, p. 93— S6 ; 
 Hermann, Pol. Aniiq. of Greece, § 139.) 
 
 ELEUSI'NIA ('EAeuo-iVia), a festival and 
 mysteries, originally celebrated only at Eleusis in 
 Attica, in honour of Demeter and Persephone. 
 (Andoc. De Mi/st. 15.) All the ancients who have 
 occasion to mention the Eleusinian mysteries, or 
 the mysteries, as they were sometimes called, agree 
 that they were the holiest and most venerable of 
 all that were celebrated in Greece. (Aristot. Pliet. 
 ii. 24 ; Cic. De Nat. Deor. i. 42.) Various tradi- 
 tions were current among the Greeks respecting 
 the author of these mysteries ; for, while some con- 
 sidered Eumolpus or Musaeus to be their foiuider, 
 others stated that they had been introduced from 
 EgjTJt by Erechtheus, who at a time of scarcity 
 provided his country with com from Egypt, and 
 imported from the same quarter the sacred rites 
 aiul mysteries of Eleusis. A third tradition attri- 
 buted the institution to Demeter herself, who, when 
 wandering about in search of her daughter, Perse- 
 phone, was believed to have come to Attica, in the 
 reign of Erechtheus, to have supplied its inhabi- 
 tants with corn, and to have instituted the TeAcrof 
 and mysteries at Eleusis. (Died. Sic. i. 29 ; Isocrat. 
 Paneriyr. p. 46. ed. Steph.) This last opinion 
 seems to have been the most common among the 
 ancients, and in subsequent times a stone, called 
 dyeKaa-Tos irerpa (triste saxum), was shown near 
 the well Callichoros at Eleusis, on which the god- 
 dess, ovcrwlielmed with grief and fatignie, was be- 
 lieved to have rested on lier arrival in Attica. 
 (Apollod. Bihlioth. i. 5 ; Ovid. Fast. iv. 502, &c.) 
 Around the well Callichoros the Eleusinian women 
 
 * riou XP'? Si/crjJ' XaS^tv ; Trapa iro'ia dpx^ ; 
 irapd Toiy (vSeKa ; aAAa ToixwpuxouJ xa] (cAeTTTas 
 Kol Toi)r dWovs KaKovpyovs rods eV! Saiarw ou- 
 Toi (hdyovcriv. (Demosth. c. Lacrit. 940. 5.) 
 
ELEUSINIA. 
 
 ELEUSINIA. 
 
 373 
 
 , were said to have first performed their chorus, and 
 to have sung hymns to the goddess. (Paus. i. 3^. 
 § 6.) All the accounts and allusions in ancient 
 H-riters seem to warrant the conclusion that the 
 legends concerning the introduction of the Eleusinia 
 are descriptions of a period when the inhabitants of 
 
 ' Attica were becnrainn- acquainted with the Ijenefits 
 of agriculture, and of a regularity constituted form 
 of society. (Cic. Dc h'^y. ii. 14; in Veri: v. 14.) 
 
 In the reign of Erechtheus a war is said to have 
 broken out between the Athenians and flleusinians 
 (Hermann, Polit. Antiq. of Givnr, § 91. note 9), 
 and when the latter were defeated, they acknow- 
 ledged the supremacy of Athens in every thing ex- 
 
 ' cept the TeAerai', which they wished to conduct 
 and regulate for themselves. (Thucyd. ii. 15 ; 
 
 ' Paus. i. 38. § 3.) Thus the superintendence re- 
 mained with the descendants of Eumolpus [Eumol- 
 I'IDae], the daughters of the Eleusinian king 
 Celeus, and a third class of priests, the Keryces, 
 who seem likewise to have been connected with 
 the family of Eumolpus, though they themselves 
 traced their origin to Hermes and Aglauros. 
 
 At the time when the local governments of the 
 several townships of Attica were concentrated at 
 Athens, the capital became also the centre of reli- 
 
 ■ gion, and several deities who had hitherto only en- 
 joyed a local worship, were now raised to the rank 
 of national gods. This seems also to have been 
 
 ■ the case with the Eleusinian goddess, for in the 
 j reign of Theseus we find mention of a temple at 
 I Athens, called Eleusinion (Thucyd. ii. 17), pro- 
 bably the new and national sanctuary of Demeter. 
 
 [ Her priests and priestesses now became naturally 
 ' attached to the national temple of the capital, 
 though her original place of worship at Eleusis, 
 with which so many sacred associations were con- 
 nected, still retained its importance and its special 
 share in the celebration of the national solemnities ; 
 
 ■ and though, as we shall see hereafter, the great 
 Eleusinian festival was commenced at Athens, yet 
 a numerous procession always went, on a certain 
 day, to Eleusis : it was here that the most solemn 
 part of the sacred rites was perfbnned. 
 
 We must distinguish between the greater Eleu- 
 sinia which were celebrated at Athens and Eleusis, 
 and the lesser which were held at Agrae on the 
 Ilissus. (Steph. Byz. s. v. "Ay pa.) From the tra- 
 dition respecting the institution of the lesser Eleu- 
 sinia, it seems to be clear, that the initiation into 
 the Eleusinian mysteries was originally confined to 
 Atticans only; for it is said that Heracles, before 
 descending into the lower world, wished to be ini- 
 f tiated, but as the law did not admit strangers, the 
 lesser Eleusinia were instituted in order to evade 
 the law, and not to disappoint the great benefactor 
 of Attica. (Schol. ad Aridoph. Plat. 84G.) Other 
 ' legends concerning the initiation of Heracles do 
 ' not mention the lesser Eleusinia, but merely state 
 that he was adopted into the family of one Pylius, 
 in order to become lawfully entitled to the initia- 
 tion. But both traditions in reality express the 
 same thing, if we suppose that the initiation of 
 Heracles was only the first stage in tlie real ini- 
 tiation ; for the lesser Eleusinia were in reality 
 only a preparation (TrpoKaflapffis, or irpodyveu- 
 cis) for the real mysteries. (Schol. ad Aristopli. 
 I. c.) After the time when the lesser Eleusinia 
 are said to have been instituted, we no longer 
 hear of the exclusion of any one fiom the mys- 
 teries, except barbarians ; and Herodotus (viii. 
 
 65) expressly states, that any Greek who wislied 
 it, might be initiated. The lesser Eleusinia were 
 held every year in the month of Anthesterion 
 (Pint. Demctr. 26), and, according to some ac- 
 counts, in honour of Persephone alone. Those who 
 were initiated in them bore the name of mystae 
 [fxvcTTai, Suidas, s. v. 'ETrJirT?)?), and had to wait 
 at least another year before they could be admitted 
 to the great mysteries. The principal rites of this 
 first stage of initiation consisted in the sacrifice 
 of a sow, which the mystae seem to have first 
 washed in the Cantharus (Aristoph. Ac/iarn. 703, 
 with the Schol. 7-0, and J^iu; 368 ; Varro, J)e. 
 lie Rust. ii. 4 ; Plut. I'/ujc. 28), and in the purifi- 
 cation by a priest, who bore the name of Hydranos. 
 (Hesych. s. t\ 'TSpayos: Polyaen. v. 17.) The 
 mystae had also to take an oath of secresy, which 
 was administered to them by the mystagogus, also 
 called hpo(pavTr\i or 7rpo</)J7Tijj : they received some 
 kind of preparatory instruction, which enabled 
 them afterwards to understand the mysteries which 
 were revealed to them in the gi'eat Eleusinia ; they 
 were not admitted into the sanctuary of Demeter, 
 but remained during the solemnities iu the vesti- 
 bule. (Seneca, Quaes/. Nat. vii. 31.) 
 
 The great mysteries were celebrated every year 
 in the month of Boedromion during niuf- days, 
 from the 15th to the 23d (Plut. Dnnetr. 26 ; 
 Meursius, Eteiisin. c. 21), both at Athens and 
 Eleusis. The initiated were called eiroTrTat or 
 e<pvpoi. (Suidas, s. v.) On the first day, those 
 who had been initiated in the lesser Eleusinia, 
 assembled at Athens, whence its name was 
 dyvpfxas (Hesych. s.r.) ; but strangers who wished 
 to witness the celebration of these national so- 
 lemnities likewise visited Athens in great num- 
 bers at this season, and we find it expressly stated 
 that Athens was crowded with visitors on the 
 occasion. (Maxim. Tyr. Dissert. 33. siib fin. ; 
 Philostrat. Vit. A poll. iv. 6.) On the second day 
 the mystae went in solemn procession to the sea- 
 coast, where they underwent a ])urification. Hence 
 the day was called "AAaSe ixvarai, probably the 
 conventional phrase by which the mystae were in- 
 vited to assemble for the purpose. (Hesych. s. v. ; 
 Polyaen.iii.il.) Suidas (s. v. 'Venoi : compare 
 Paus. i. 38. § 2) mentions two rivulets, called 
 fieiToi, as the place to which the mystae went in 
 order to be purified. Of the third day scarcely 
 anything is known with cerfciinty ; we only learn 
 from Clemens of Alexandria {Prutn-pt. p. 18. ed. 
 Potter) that it was a day of fasting, and that in 
 the evening a frugal meal was taken, which con- 
 sisted of cakes made of sesame and honey. 
 Whether sacrifices were offered on this day, as 
 Meursius supposes, is uncertain ; but that which 
 he assigns to it consisted of two kinds of sea-fish 
 (rpiyKr] and ixaivts, Athen. vii. p. 325), and of 
 cakes of barley grown in the Rharian plain. (Paus. 
 i. 38. § 6.) It may be, however, that this sacri- 
 fice belonged to the fourth day, on which also the 
 Ka\a6os KadoSos seems to have taken place. Tliis 
 was a procession with a basket containing pome- 
 granates and poppy-seeds ; it was carried on a 
 waggon drawn by oxen, and women followed with 
 small mj'stic cases in their hands. (Callim. Hi/mn. 
 in Cer. ; Virg. Georg. i. 166 ; Meursius, I. c. c.25.) 
 On the fifth day, which appears to have been 
 called the torch day (rj Tttc XaiXTra^uv -^fxipa), the 
 mystae, led by the SaSoux"?, went in the evening 
 with torches to the temple of Demeter at Eleusis, 
 
KLKI'SIMA. 
 
 KLEUSIXIA. 
 
 wlu-iv tlu\v HHMH to luivo n-miiinod duiinil tlio 
 fi'llowiui; night, 'riiis lilo w;is {uvlKilily n symluili- 
 ciil iviuvsoi<tali»i\ ol" Domotor w-aiuloriiis; alumt 
 in soaivh of rorsophono. Tlu' sixth ilav. oallod 
 Irtkchos (llosych. s. c. 'Icucxok). was tho most 
 soloiun of uU. Tho stattio of lakdios. son of 
 Pouiotor, ailorniHl with a srarlanil of nwrtlo and 
 iKwring a toivti in his hajid. was caniixl alonj; tho 
 s!Vi-ml iXMd (riut. Ati-ih. 34 : Ktyniol. Magu., and 
 v^uidas, s, c. 'Xtpd 'O5os) amidst joyous shouts 
 ( iaA\iJ"fo') aj>d songs fwm the Corsunicus to 
 Klousis, (Aristonh. A\i«. ;Uo.&c, ; Plut. Phnioii, 
 2lv. iuid Valckou. o./ tfennL viii. SS.) This so- 
 lemn prvKvssiion was acctimpimied liy guNit num- 
 Ivrs of followers; and spectators, smd the story 
 relatinl by Homlotus (compart Plut, Th^mist,) is 
 founded on the supiwition tliat 30.000 persons 
 wiUking along the s;u~rvtl rv>ad on this occasion 
 w-as nothing vmciunmon. During the night from 
 the sixth to the seventli day the myslae remained 
 at Kleusis, aj\d wtn? initiated into the last mys- 
 teries (tirowTttaV Those who werv^ neither tr6- 
 vTot nor luHmw wetv sent a\v;>y by a herald. The 
 mystae now rei>etwed tlie Oi»th of secresy which 
 had Kvn administered to them at the lesser Eleu- 
 sinia. miderwvnt a new puritication, tmd then they 
 wvrv led by the mystagvisus in the darkness of [ 
 night into the lighted interior of the suictuarr f 
 (i;«tT07«7^). and wciv allowed to see (o^rat^'a) ! 
 what none except the epoptae ever beheld. The 
 awful and horriUe manner in which the initia- 
 tion is described by kter. especially Christian 
 writers, seems pwtly to proceed from their ignor- 
 ance of its real chaincter, patthr fram their horror 
 and armitm to th«se pagan rites. The more 
 aiKjeul wTiters always abstained firean entering 
 U{xm any de^Tipti<Mi of the subject. Each in- 
 diTtdual, atfbff his initiaiiiQa, is saod to, hare been 
 disBU:s«d by Idte voids k»y^ if*^ (Hesydu 
 s. p.), in Older to make loom fer other mystae. 
 
 Ota tlte scTentik day A» initxtted Rtnmed to 
 Alliens aatid TaricwskiDds of niQeiTaiid jests^e^pe- 
 daUy at tlte 0T«r IdK Cephi^ vhere they 
 
 stt dovn to and pooled ibitli tbeir ndicnfe 
 on tlwise wte ps^ed by. Huaiee tbe -voids 
 
 «<1 Tiandkiiitx ; Snidas, s. Tc^mft^ : Hesridu 
 r. r^Mptrra^: Ae&n, BkL Ammtd. it. 43 ; 
 iSinilkr, ma^^mLaL ^GmoBOB, jl 132.) These 
 maSfifaem setsgt. Eke ttke {(ow^sin -vittk tntckes 
 t» EDmisk, to IttTe been dwawtgtiital and symbaHcal 
 ii^ii«HilC*tWK of tke jesHs by wbkk, anoiKding to 
 tte anoeat kswl, IxaSit or Banbo lad dfcyWwl 
 tiw$iM«rthege<jkfe^aMBMfebwsHife. We 
 ■in- b«ie KbsKive, idbatprobablty idhe vhuAt kfesBcr 
 of Deaaetar ud Fets^ibase -was ia saase way or 
 oidMr synlMScallly nqpoesmted at tdte Qsemiii. 
 
 Bi«a») eilk tbe »!*m>^»— Bystarnes a ■^■iTsCical 
 
 |v. SSi^ &c} Tht e^kth colal 'BaAmifm, 
 «-ii> kmi «t addlwiiwwl dbiy fir tfaae vfca by 
 stfUDt rntvifcffit <me «m htt^ «r &ad bees pR- 
 vBBWi finni beag aiitm*(dl m sDxaii day. It 
 nassaofliMi isxt<e baen aA&d ite the o ri gSia i w ia a 
 Ikb- «f wfaen AscDe^K^ onang mvr fitoan 
 
 E^n&BmiK «* he ■idBniilM&, anzsnafl toe Sste. and 
 
 ' &iy. ^PUb^ I^Jf^adK.iir. «; BlKS.ii. 
 :" ; 7.)' Jhf oflUi&iaBi Ih^ ^ bme tifae aiaDe 
 wc ajkqjtarj<«aB (IVificx;. x. 74 ; Ativm. si. pi 49^% 
 
 from a peculiar kind of vessel called rKiifioxi^ 
 which is described as a small kind of kotvKo: 
 Two of these vessels were on this day filled »nt_ 
 water or wine, and the contents of the one thrown 
 to the east, and those of the other to the west, whilo 
 those who performed this rite uttered some mysticL 
 wonls. 
 
 Hosides the various rites and ceremonies describee 
 above, sovoral others are mentioned, but it is tiot 
 kno« n to which day they belonged. Among them 
 we shall mention only the Eleusinian games and 
 contests, which ileursius assigns to the scvarth 
 day. They ;uv mentioned by Gellius (sr. •20), and 
 are s;ud to have been the most ancient in Greece. 
 The prize of the victors consisted in ears of bode- 
 (Schol. aJ Pwtl. OL ix. 150. ■> It was coitsideFv 
 as one of the greatest profanations of the Eleit^si. 
 if during their celebration an orifios came as a sap- ■ 
 pliimt to the temple (the Eleusinion). and pbni 
 his olive branch (ocenjpi'a) in it (Andoc Dt i 
 p. 54) ; and whoever did so might be put to deaA ' 
 without any trial, or had to pay a fine of ooetki:- 
 sand drachmae. It may also be remaiked tL: 
 at other festivah. no less than at the 
 no man. while celebrating the festival, ccsld fe 
 seiied or arrested for any ofience. (Donosik. c 
 Mid. p. 571.) Lycnrgns made it a law tha: aay 
 woman using a carriase in the procession to Bt^i 
 should be fined one thousand drachmae. (Pisa. Dn 
 Cup. jar. ii. p. 348 ; Aelian, P. H. siiL Hi.) Tht 
 cnstom against which this law was directed seem-' 
 to have been very common before. (DewKaL 
 J/if. p. 5<I5.) 
 
 The Eleusinian mysteries long smTived vu- k- 
 dependence of Greece. Attempts to salines? iliflii 
 were made by the emperor Valentinian, hsu ie 
 met with strong opposition, and they secB nt' ive 
 continned down to the time of the dder TJwafiK 
 sins. Re^tecdi^ the secret doctrines vhicii WBe 
 teveoled in them to the initiated, nothi^ csnmi 
 is known. The general bdief of the aDcieL':^ "vs^ 
 that they cqpened to man a c omfurtiu g pro^^es ir 
 a fittnie' state. (Find. 7%m. p. 8. ed. Bkki 
 Bnt this featme does not seem to have bees 'Bci 
 laiSfy connected with tiiese my^toies, and w jri- 
 bab^addedtotdiemattlie poiod wUcfc fuQiK«B£ 
 tlw n yMimg nf » iggnW i i n l liw iin uM e ln ^M irn'm feBB» 
 
 and E^ypt,, wbem snBae of tbespecnhtiTC ^iranms 
 «f the lan» coumtiy, and of the East, nay hv^ 
 beat introduced into the niysteii^ and ballpmii 
 by dK names cftdK fcneiaUe bards of Ife iry^ 
 cal age. Hdb sqipusiltkB woold ako aocno:':. rn. 
 sane Beasme, far tfae kgemd of Adr aitirucwnaaL 
 fiam''!Qgypt. In BHsdem tmB ■oaty xr^fmiici 
 have been nade to dkcoier Ae nataie af Tiyf- 
 teriesrewafedtotbe iiiiit iat i^ Uhntltheresiihi^ 
 been as TarioQS and ^ HkiMilTMl as —igiit W ' ii*"— " 
 ed. Ibe sober aid pnbaUe new 5i nuc 
 anwdiagts wfcid^'^lky w«e tbe maoai!^ of » 
 w«i^ wUch prneded i^ rise af tbe B tOhBK 
 ■jah J agy aod iis attadaadt rites, gnnD&>£ ana 
 view af Httaie, less fei» wi l M ,^ mme eMsasL. ant 
 becaea- fitted ta vaafta baA fMnriJhiral ilinnf^ 
 ari lejSgaaas fedb^" C^bii^Rdl, Bitf. wr'^^neuu 
 S. PL &C.) Itiwjwfriig idhe AlDlic ElsuainiB 
 He MnasB, lOnmu, BaL 1«L<«; Si. 
 
 Ckaox, MaOmSiBe H^L a C^Sf. or In Mpnam: 
 da I^agmmme (a iiii«nd i iHiiiira iii was pd^j^! '". 
 ISI7. by %lhnesae dc Snnr, in 3 wdK 
 
 ttBOL, Rm^ I81C ; TTiihiilb. OM. JStcr. x. - 
 
'EjVAIME'NION. 
 
 p. 249, &c. ; Creuzer, Sj/niljol. u. Mytluil. iv. 
 p. 534, &c. 
 
 Eleusinia were also celebrated in other parts of 
 Greece. At Ephesus they had been introduced 
 from Athens. (Strabo, xiv. p. 1()"2. Taiichnitz.) In 
 Laconia they were, as far as we know, only cele- 
 brated by the inhabit;ints of the ancient town of 
 Helos, who, on certain days, carried a wooden 
 statue of Persephone to the Eleusinion, in the i 
 heights of Taygetus. (Paus. Lii. 20. § 5, &c.) Crete ; 
 had" liliewise its Eleusinia. (See Sleurs. Eleus. 
 c. 33.) [L. S.] I 
 
 "EAEreE'PIA (the feast of liberty), a festival ' 
 which the Greeks, after the battle of Phitaeae (479 
 B. c), instituted in honour of Zeus Eleutherios (the 
 dehverer). It was intended not merely to be a 
 token of their gratitude to the god to whom tliey 
 believed themselves to be indebted for their victory ' 
 over the barbarians, but also as a bond of union , 
 among themselves ; for, in an assembly of all the 
 Greeks, Aristides carried a decree that delegates 
 (TtpoSovXoi Koi dfupol) from all the Greek states 
 should assemble every year at Plataeae for the 
 celebration of the Elcuthcria. The town itself 
 was at the same time declared sacred and inviol- 
 able, as long as its citizens offered the annual sacri- 
 fices which were then instituted on behalf of Greece. I 
 Every fifth year these solenniities were celebrated ; 
 with contests (^dywv Tav 'EA.eu0€piW) in which 
 the victors were rewarded with chaplets {^dywv j 
 yvuviKos (TTe<pavlTi)s, Strabo, ix. p. 2tiG. ed. Tau- 
 chnitz.) The annual solemnity at PlaUieae, which 
 contiimed to be observed down to the time of PIu- j 
 tarch (Arktid. 21 ; Paus. ix. 2. g 4), was this: — 
 On the sixteenth of the month of ilaimacterion, a ' 
 procession, led by a tnmipeter, who Vjlew the sig- 
 y nal for battle, marched at daybreak through the 
 I middle of the town. It was followed by waggons | 
 loaded with myrtle boughs and chaplets, by a black ; 
 bull, and by free youths who carried the vessels 
 containing the libations for the dead. No slave I 
 was permitted to minister on this occasion. At 
 the end of this procession followed the archon of 
 Plataeae, who was not allowed at any other time, 
 during his office to touch a weapon, or to wear any 
 other but white garments, now wearing a purple 
 tunic,and with a sword in his hand, and also bearing 
 an urn, kept for this solemnity in the public archive 
 {ypafi)m^v>ija.Kwv). When the procession came to 
 the place where the Greeks, who had fallen at 
 Plataeae, were buried, the archon first washed and 
 anointed the tombstones, and then led the buU to 
 a pjTe and sacrificed it, praying to Zeus and Her- 
 ( mes Chthonios, and inviting the brave men who 
 had fallen in the defence of their country", to take 
 part in the banquet prepared for them. This ac- 
 count of Plutarch {Aristid. 19 and 21) agrees with 
 that of Thucydides (iii. 58). The latter, however, 
 expressly states that dresses formed a part of the 
 offerings, which were probably consumed on the 
 pyre with the victim. This part of the ceremony 
 seems to have no longer existed in the days of Plu- 
 tarch, who does not mention it, and if so, the Pla- 
 taeans had probably been compelled by poverty to 
 drop it. (See Thirlwall's Hist, of Greece, ii. p. 353, 
 &c. ; Bdckh, Ea-pl. Find. p. 208, and ad Corp. 
 Inscript i. p. 904.) 
 
 Eleutheria was also the name of a festival cele- 
 brated in Samos, in honour of Eros. (Athen, xiii. 
 p. 5«2.) [L. S.] 
 
 'EAjMME'NION was a harboui diUy at the 
 
 ELLYCHNIUM. 
 
 375 
 
 Peiraeeus, which, according to a fragment of Eu- 
 polis (Pollux, ix. 30), had to be paid by a pas- 
 senger before he embarked. This tax appears to 
 have been the same as the fiftieth or two per cent., 
 which was levied upon all exports and imports ; 
 since Pollux (viii. ) 32) speaks of the eAAi/icyitrTa/', 
 or collectors of the harbour duty, as the same per- 
 sons as the irevTTiKoiTToKoyoi or collectors of the 
 irevTmoaT-n. [nENTHK02TH'.] 
 
 'EAAH'TIA, or 'E^VAn'TIA, a festival celebrated 
 at Corinth in honour of Athena. (Schol. PiW. Ol. 
 
 xiii. 56; Athen. xv. p. 67S ; Et_\Tnol. s. r. 'EAAisn'r). 
 A festival of the same name was celebrated in 
 
 Crete, in honour of Europe. The word eAAarrij, 
 from which the festival derived its name, was, 
 according to Seleucus {ap. At/ien. I. c), a myrtle 
 garland twenty yards in circumference, which 
 was carried about in the procession at the festival 
 of the Ellotiii. (^Compare Hesych., and Et3Tnol. 
 ilagn. s. V. 'EAAoiTio.) [L. S.] 
 
 ELLY'CHNIUM (eWuxyiov: Attic, ^gva\- 
 Ais), a wick. ^\'icks were made of various sub- 
 stances: — 1, PrincipaDy of tow, i. e. the coarser 
 fibres of flax {Sliipa, Plin. H. N. xix. 3 ; Isa. xiii. 
 3; xliii. 17); 2, of the pith of the rush, dgvov, 
 whence the Attic tenn dgvaW'is (Schol. in Aris- 
 iciph. Xuh. 59) ; 3, of the narrow wooU)- leaves of 
 the JIuIlein (^Ao^i's, Auxi'7tis, Dioscor. iv. 104; 
 Plin. //. S. XXV. 74), the use of which was ana- 
 logous to the practice of the Spaniards who now 
 make wicks of the slender rtidical leaves of a simi- 
 lar plant, Phlomis Lvchnitis Linn. (Curtis, Bot. 
 Ma,j. 999) ; 4, of Asbestos. 
 
 The lamps which were lighted at the solemn 
 festival celebratinl everj- year at Sais in Egypt, 
 were small open vessels (e/uga^io), filled with salt 
 and oil. Into this the wick was immersed, and 
 tlie flame burnt all night upon the surface. (Herod. 
 iL 62.) There can be no doubt that wicks were 
 originally and very commonly used in this manner. 
 It was a great improvement, when the vessel con- 
 taining the oil was covered, by which it was con- 
 verted into a proper lamp. It was then necessary 
 to make one or more round holes in the lamp, ac- 
 cording to the number of the wicks burnt in it ; 
 and, as these holes were called, from an obvious 
 analogy, fivKrijgfS or ^lv^al, literally, nostrils or 
 nozles (Aristoph. Eccli-s. 5), the lamp was called 
 Sifi.v^os, rp'tfiv^os, or iroKufiv^os, in reference to the 
 same distinction. (Pollux, vi. 18; x. 26; Athe- 
 naeus, xv. 57, 61; Polt/int/ms luccrna. Martial, 
 
 xiv. 41.) In an epigram of Callimachus a woman 
 dedicates to Serapis a lamp with twenty nozles 
 (eiicoiTi ixv^ais TrKovaiov Kvx''Ov). 
 
 As we learn from Aristophanes, thrifty persons 
 used to chide those who wasted the oil either by 
 using a wick which was thicker than necessary 
 (\u/j. 59), or by pushing the wick forward so as 
 to increase the flame. ( Vesp. 249 — 253.) More- 
 over, in the latter of these passages the boy ad- 
 vances the wick by pushing it with his finger, as 
 he might do when the oil was contained in an 
 open vessel. In a proper lamp it was drawn out 
 by an instrument contrived for the purpose ; " Et 
 producit (tea stupas humore carentes." (Virg. 
 Mont. II.) The bronz& lamps found in ancient 
 sepulchres, besides exhibiting all the varieties de- 
 pending on the number of holes or nozles, have 
 sometimes attached to them by a chain the needle 
 which 6er\ ed to trim the wick. 
 
 The fungus-^shaped excrescences which form on 
 
370 
 
 EMANCIPATIO. 
 
 'EMBATEI'A. 
 
 the top of the wick (iivKrires, funf/i), were thought 
 to indicate rain. (Aristoph. Vcsp. 260 — 263 ; Cal- 
 lim. Frag. 47. p. 432. ad Eni. ; Arat. Dios. 976 ; 
 Avien. Arat. 393.) [J. Y.] 
 
 EMANCIPA'TIO was an act by which the 
 patria potestas was dissolved in the lifetime of the 
 parent, and it was so called because it was in the 
 fonn of a sale (maticipatio). By the laws of the 
 Twelve Tables it was necessary that a son should be 
 sold three times in order to be released from the pa- 
 ternal power, or to he sui juris. In the case of daugh- 
 ters and grandchildren, one sale was sufficient. The 
 father transferred the son by the fonn of a sale to 
 another person who manumitted him, upon which 
 he returned into the power of the father. This 
 was repeated, and with the like result. After a 
 third sale, the paternal power was extinguished, 
 but the son was resold to the parent, who then 
 manumitted him, and so acquired the rights of 
 a patron over his emancipated son, which would 
 otlierwise have belonged to the purchaser who gave 
 him his final manumission. 
 
 The following clear and satisfactory view of 
 emancipatio is given by a German writer : — " The 
 patria potestas could not be dissolved immediately 
 by manumissio, because the patria potestas must be 
 viewed as an imperium, and not as a right of pro- 
 perty like the power of a master over his slave. Now 
 it was a fundamental principle that the patria potes- 
 tas was extinguished by exercising once or thrice (as 
 the case might be) the right which the pater fami- 
 lias possessed of selling or rather pledging his 
 child. Confonnably to this fundamental principle, 
 the release of a child from the patria potestas was 
 clothed with the form of a mancipatio, effected once 
 or three times. The patria potestas was indeed 
 thus dissolved, though the child was not yet free, 
 but came into the condition of a nexus. Con- 
 sequently a manumissio was necessarily connected 
 with the mancipatio, in order that the proper ob- 
 ject of the emancipatio might be attiiined. This 
 manumissio must take place once or thrice, accord- 
 ing to circumstances. In the case when the manu- 
 missio was not followed by a return into the patria 
 potestas, the manmnissio was attended with im- 
 portant consequences to the manumissor, which 
 consequences ought to apply to the emancipating 
 party. Accordingly, it was necessary to provide 
 that the decisive manumission should be made by 
 the emancipating party ; and for that reason a re- 
 mancipatio, which preceded the final manumissio, 
 was a part of the form of emancipatio." (Unter- 
 holzner, Zeiisclirtft, ii. 139; Von den fonuen der 
 Manumissio per Vindictam und der Emanci- 
 patio.) 
 
 The legal effect of emancipation was to dissolve 
 all the rights of agnatio. The person emanci- 
 pated became, or was capable of becoming, a pater 
 familias ; and all the previously existing relations 
 of agnatio between the parent's familia and the 
 emancipated child ceased at once. But a relation 
 analogous to that of patron and freedman was 
 formed between the person who gave the final 
 emancipation and the child, so that if the child 
 died without children or legal heirs, or if he re- 
 quired a tutor or curator, the rights which would 
 have belonged to the father, if he had not emanci- 
 pated the child, were secured to him as a kind of 
 patronal right, in case he had taken the precaution 
 to secure to himself the final manumission of the 
 child. Accordingly, the father would always stipu- 
 
 late for a remancipatio from the purchaser: this 
 stipulation was the pactimi fiduciae. 
 
 The emancipated child could not take any part 
 of his parent's property as heres, in case the parent 
 died intestate. This rigor of the civil law {juris 
 iniqnitates, Gaius, iii. 25) was modified b}^ the 
 praetor's edict, which placed emancipated children, 
 and those who were in the parent's power at the 
 time of his death, on the same footing as to suc- 
 ceeding to the intestate parent's property. 
 
 The emperor Anastasius introduced the practice 
 of eifecting emancipation by an imperial rescript. 
 {Cod. viii. tit. 49. s. 6.) Justinian enacted that 
 emancipation should be effected before a magis- 
 trate ; and by an edict {ej: edicto prcwioris), the pa- 
 rent had still the same rights to the property {bona) 
 of the emancipated person that a patron had to the 
 bona of his freedman. But he still allowed, what 
 was probably the old law, a father to emancipate 
 a grandson, without emancipating the son, and to 
 emancipate the son without emancipating the 
 grandson, or to emancipate them all. Justinian 
 also {Nov. 89. c. 1 1 ) did not allow a parent to 
 emancipate a child against his mil, though it seems 
 that this might be done by the old law, and that 
 the parent might so destroy all the son's rights 
 of agnation. 
 
 The emperor Anastasius allowed an emanci- 
 pated child (under certain restrictions) to succeed 
 to the property of an intestate brother or sister, 
 which the praetor had not allowed ; and Justinian 
 put an emancipated child in all respects on the 
 same footing as one not emancipated, with respect 
 to such succession. 
 
 An emancipatio effected a capitis diminutio, in 
 consequence of the servile character {servilis causa) 
 into which the child was brought by such act. 
 (Gaius i. 132, &c. ; Dig. 1. tit. 7 ; Cod. vi. tit. 57. 
 s. 15 ; viii. tit. 49. s. 6 ; Inst. i. tit. 12 ; iii. tit. 5 ; 
 Dirksen, Uchersicht, &c. p. 278.) [G. L.] 
 
 EMANSOR. [Desertor.] 
 
 'EIVIBA'2, a shoe worn by men (Suidas, s. v.), 
 wliich is frequently mentioned by Aristophanes 
 {I<:quit. 321. 869. 872 ; Ecc. 314. 850, &c.) and 
 otherGreek writers. This appears to have been the 
 most common kind of shoe woni at Athens (ei)- 
 T6A6J OTro'SrjiUct, Pollux, vii. 85 ; compare Isaeus, 
 de Dicaeoij. Hcred. 94 ). Pollux (/. c.) says that 
 it was invented by the Thracians, and that it was 
 like the low cothurnus. The i}xS6.% was also worn 
 by the Boeotians (Herod, i. 195), and probably in 
 otlier parts of Greece. (Becker, Clixirikles, ii. p. 
 372.) 
 
 'EMBATEI'A. In Attic law this word (like 
 the corresponding English one, entry), was used to 
 denote a formal taking possession of real property. 
 Thus, when a son entered upon the land left him 
 by hisfatlier, he was said e/x.SaT€veiv, or fiaSl^etu 
 eis TO, irarpda, and thereupon he became seised, 
 or possessed, of his inheritance. If any one dis- 
 turbed him in the enjoyment of this property, with 
 an intention to dispute the title, he might main- 
 tain an action of ejectment, i^ovKTjs Sixr]. Before 
 entry he could not maintain such action. 'EfouAj/ 
 is from i^'iWeiu, an old word, signifying to eject. 
 The supposed ejectment, for which the action was 
 brought, was a mere fonuaHtj'. The defendant, 
 after the plaintift''s entry, came and turned him 
 off', i^ij-yef e'/c ttJs 7171. This proceeding (called 
 e^ayaijri) took place quietly, and in the presence 
 of witnesses ; the defendant then became a wrong- 
 
'EMBATEI'A. 
 
 EMISSARIUM. 
 
 377 
 
 doer, and the plaintiff was in a condition to try the 
 riglit. 
 
 All this was a relict of ancient times, when, bo- 
 fore writs and pleadings and other regular processes 
 were invented, parties adopted a nider method and 
 took the law into their own hands. There was 
 then an actual ouster, accompanied often with vio- 
 lence and breach of the peace, for which the per- 
 son in the wrong was not only responsible to the 
 party injured, but was also punishable as a public 
 offender. Afterwards, in the course of civilization, 
 violent remedies became useless and were discon- 
 tinued ; yet the ceremony of ejecting was still kept 
 up as a fonn of law, being deemed by lawyers a 
 necessary foundation of the subseciuent legal pro- 
 cess. Thus at Rome, in the earlier times, one 
 party used to summon the other by the words " ex 
 jure te manum consertum voco," to go with him to 
 the land in dispute, and (in the presence of the 
 praetor and others) turn him out by force. After- 
 wards this was changed into the sj'mbolical act of 
 breaking a clod of earth upon the land, by which 
 the person who broke intimated that he claimed a 
 right to deal with the land as he pleased. We 
 may observe also, that the English action of 
 ejectment in this respect resembles the Athe- 
 nian, that, although an entrt/ by the plaintiff and an 
 ouster of liim by the defendant are supposed to 
 have taken place, and are considered necessary to 
 support the action, yet both e7itry and ousler are 
 mere fictions of law. 
 
 These proceedings by entrj', ouster, &c., took 
 place also at Athens in case of resistance to an exe- 
 cution ; when the defendant, refusing to give up 
 the land or the chattel adjudged, or to pay the 
 damages awarded to the plaintiff, by the appointed 
 time, and thus being OTrefnlfiepos, i. c. the time 
 having expired by which he was bound to satisfy 
 the judgment, the plaintiff proceeded to satisfy 
 himself by seizure of the defendant's lands. This 
 he certainly might do, if there were no goods to 
 levy upon ; though, whether it was lawful in all 
 cases, does not appear. The Athenian laws had 
 made no provision for putting the party, who suc- 
 ceeded, in possession of his rights ; he was there- 
 fore obliged to levy execution himself, without the 
 aid of a ministerial officer, or any other person. 
 If, in doing so, he encountered opposition, he had 
 no other remedy than the 6|ouA.r)$ Si'kt;, which (if 
 the subject matter was land) must have been 
 grounded upon his own previous entry. The action 
 could be brought against any one who impeded 
 him in his endeavour to get possession, as well as 
 against the party to the former suit. The cause of 
 Demosthenes against Onetor was tliis: — Demo- 
 sthenes having recovered a judgment against Apho- 
 bus, proceeded to take his lands in execution. 
 Onetor claimed them as mortgagee, and turned 
 him out (eirjyci'), whereupon Demosthenes, con- 
 tending that the mortgage was collusive and frau- 
 dulent, brought the e^ouATjy Si'/cr;, which is called 
 8i/c7j Trpoj 'OcrjTopa, because the proceeding is iii 
 rem, and collateral to another object, rather than a 
 direct controversy between the parties in the cause. 
 The consequence to the defendant, if he failed in 
 the action of ejectment, was, that (besides his liabi- 
 lity to the plaintiff) he was, as a public oft'ender, 
 condemned to pay to the treasury a sum equal to 
 the damages, or to the value of the property re- 
 covered in the first action. While this remained 
 unpaid (and we may presume it could not be paid 
 
 without also satisfj'ing the party), he became, as a 
 state debtor, subject to the disabilities of drifiia. 
 (Meier, Att. I'ruc. p. 37-2. 4G0. 748.) [C. R. K.] 
 EMBLE'MA (e/zgArj/io, eixTraia-jxa), an inlaid 
 oriuiment. The art of inlaying {n "rix"'') fV"''"'''- 
 Ti/cj), Athenaeus, L. xi. 7(i. p. 41i!!) was employed 
 in producing beautiful works of two descriptions, 
 viz.: — 1st, Those which resembled our marquetry, 
 boule, and Florentine mosaics ; and 2ndly, those 
 in which cnists {cnidae), exquisitely wrought in 
 bas-relief and of precious materials, were fastened 
 upon the surface of vessels or other pieces of fur- 
 niture. 
 
 To productions of the former class we may refer 
 all attempts to adorn the walls and tloors of houses 
 with the tigiu-es of flowers and animals, or with 
 any other devices expressed upon a common ground 
 by the insertion of variously coloured woods or 
 marbles, all of which were polished so as to be 
 brought to a plain surface. To such mosaics Luci- 
 lius alludes («/;. CVf. dc Orat. iii. 43), when he 
 compares the well-connected words of a skilfid orator 
 to the small pieces (tesseruUie) which compose the 
 " emblema vermiculatum " of an ornamental pave- 
 ment. In the time of Pliny these decorations for 
 the walls of apartments had become very fashion-- 
 able. (//. N. xxxv. 1.) Seneca makes mention of 
 silver inlaid with gold among the luxuries of his 
 day. {Epist. 5.) [Chrysendeta.] 
 
 To the latter class of productions belonged the 
 cups and plates which Verres obtained by violence 
 from the Sicilians, and from which he removed the 
 emblems for the purpose of having them set in gold 
 instead of silver. (Cic. ii. Vvn: iv. 17. "22 — 24.) 
 These must have been rivetted with nails, or in 
 some other way. They were reckoned exceedingly 
 valuable as works of tirst-rate artists, and some of 
 them were, moreover, esteemed sacred, being the 
 figures of the penates and household gods of the 
 proprietors. Athenaeus, in describing two Corin- 
 thian vases (v. 30. p. 199), distinguishes between 
 the emblems in bas-relief (irgJiTTUTra) which adorn- 
 ed the body and neck of each vessel, and the 
 figures in high relief (Tregicpavri reTopvevjxeva fwa)' 
 which were placed upon its brim. An artist, 
 whose business it was to make works ornamented 
 with emblems, was called " crustarius." (Plin. 
 //. N. xxxiii. 12.) [J. Y.] 
 
 EME'RITI was the name given to those Roman 
 soldiers who had served out their time and had 
 exemption (vacatiu) from military service. The 
 usual time of service was twenty years for the 
 legionary soldiers, and sixteen for the praetorians. 
 (Dion. Cass. Iv. 23 ; Tacit. Ann. i. 78.) At the end 
 of their period of service they received a bounty 
 or reward, either in lands or money, or in both. 
 Dion Cassius (I. c.) states that it was arranged by 
 Augmstus that a praetorian should receive 5000 
 drachmae (20,000 sesterces), and a legionary 3000 
 (12,000 sesterces). Caligula reduced the bounty 
 of the latter to O'OOO sesterces. (Suet. Cal. 44.) 
 We find this b(mnty called Jusiae militiae coinnioda, 
 (Suet. VitcU. 15), commoda missioiium (Suet. Cal. 
 44), and also cmcriUim (Dig. 49. tit. 16. s. 3. § 8. 
 12 ; 3. 5. § 7). See Lipsius, Excursus ad Tacit. 
 Aim. i. 17. 
 
 EME'RITUM. [Emeriti.] 
 
 EMISSA'RIUM, an artificial channel formed 
 to carry off any stagnant body of water (unde 
 a(jiia cniitt'dur), like the sluices in modern use. 
 (Plin. //. N. xxxiii. 21 ; Cic. ad Fani. xvi. 18.) 
 
378 
 
 EMISSARIUM. 
 
 EMPHYTEUSIS. 
 
 Some works of this kind are amongst the most 
 remarkable etForts of Roman ingenuity. Remains 
 still exist to show that the lakes Trasimene, 
 Albano, Nemi, and Fucino, were all drained by 
 means of emissaria, the last of which is still nearly 
 perfect, and open to inspection, having been par- 
 tially cleared by the present king of Naples. 
 Julius Caesar is said to have first conceived the 
 idea of this stupendous undertaking (Suet. Jul. 
 44), wliich was carried into effect by the Emperor 
 Claudius. (Tacit. Ann. xii. 57.) 
 
 The following account of the works, from ob- 
 servations nn the spot, will give some idea of their 
 extent and difficulties. The circumference of the 
 lake, including the bays and promontories, is about 
 thirty miles in extent. The length of the emis- 
 sary, which lies nearly in a direct line from the lake 
 to the river Litis (Garigliano), is something more 
 than three miles. The number of workmen cm- 
 ployed was 30,000, and the time occupied in the 
 work eleven years. (Suet. Claud. 20 ; compare 
 I'lin. //. jY. xxxvi. 24. S 11.) For more than a 
 mile tlie tunnel is carried under a mountain, of 
 which the highest part is 1000 feet above the 
 level of the lake, and through a stratum of rocky 
 formation (carnelian) so hard that every inch re- 
 quired to be worked by tlie chisel. The remain- 
 ing portion runs through a softer soil, not much 
 below the level of the earth, and is vaidted in 
 brick. Peq)endicular openings {jmtei) are sunk at 
 various distances into the tunnel, through which 
 the excavations were partly discharged ; and a 
 number of lateral shafts (cuniaili), some of 
 which separate themselves into two brandies, one 
 above the other, are likewise directed into it, the 
 lowest at an elevation of five feet from the bottom. 
 Hiniufih these the materials excavated were also 
 carried out. Tlieir object was to enable the pro- 
 digious multitude of 30,000 men to carry on their 
 
 j operations at the same time, without incommoding 
 one another. The immediate mouth of the tunnel 
 is some distance from the present margin of the 
 lake, which space is occupied by two ample reser- 
 voirs, intended to break the rush of water before it 
 entered the emissary, connected by a narrow pas- 
 sage, in which were placed the sluices (epistoiidum). 
 The mouth of the tunnel itself consists of a splendid 
 archway of the Doric order, nineteen feet high and 
 nine wide, foniied out of large blocks of stone, re- 
 sembling in construction the works of the Claudian 
 aquaeduct. That through which the waters dis- 
 charged themselves into the Liris was more simple, 
 and is represented in the preceding woodcut. The 
 river lies in a ravine between the arch and fore- 
 ground, at a depth of 60 feet below, and conse^ 
 quently cannot be seen in the cut. The small 
 aperture above the embouchure is one of the cuni- 
 culi above mentioned. 
 
 It appears that the actual drainage was relin- 
 quished soon after the death of Claudius, either 
 from the perversity of Nero, as the words of Pliny 
 (//. N. xxxvi. 24. § 11) seem to imply, or by 
 neglect ; for it was reopened by Hadrian. (Spart. 
 Iladi: 22.) [A. R] 
 
 "EMMHNOI Al'KAI were suits which were not 
 allowed to be pending above a month. This regu- 
 lation was not introduced till after the date of 
 Xenophon's treatise on the revenue, in which it 
 was proposed that a more rapid progress should be 
 allowed to commercial suits (Xen. De Vcciiij. 3), 
 and it appears to have been first established in the 
 time of Philip. (Or. de Hulonn. p. 79. 23.) It 
 was confined to tliose subjects which required a 
 speedy decision ; and of these the most important 
 were disputes respecting commerce (e/uiropiKul Si'icai, 
 Pollux, viii. 'i3. lOl ; Ilarpocrat. and Suid. s. v. 
 'Efj-iiTjuoi A'lKat), which were heard during the six 
 winter months from Boedromion to Munychion, 
 so that the merchants might quickly obtain their 
 rights and sail way (Demosth. c. J pat. p. 900. 3); 
 by which we are not to understand, as some have 
 done, that a suit could be protracted through this 
 whole time, but it was necessary that it should be 
 decided within a month. (Biickh, J'liLl. Ecun. 
 of Atlmis, i. p. 70.) 
 
 All causes relating to mines (fteraAXi/ca! 5'iKai) 
 were also €ixiJ.rivoi SiKai (Demosth. c. J'anttien.SGii. 
 17) ; the object, as Btickh remarks (0« /Ac Silver 
 Mines of Ijdiriun, I'uhl. Econ. (if Alliens, ii. p. 481), 
 being no doubt that the mine proprietor might 
 not be detained too long from his business. The 
 same was the case with causes relating to epavoi 
 (Pollux, viii. 101; Harpocrat. and Suid. I.e.) 
 ["EPANOI] ; and Pollux c.) includes in the 
 list, suits respecting do^vry, which are omitted by 
 Harpocration and Suidas. 
 
 "EM'tPOTPOI, from tppovpd, was the name given 
 to the Spartan citizens during the period in whicii 
 they were liable to militaiy service (Xen. Hej). 
 Luc. V. 7.) This period lasted to the fortieth year 
 from manhood (d(p' r/§7j$), that is to say, to the 
 sixtieth year from birth ; and during this time a 
 man could not go out of the country without per- 
 mission from the authorities. (Isocr. Bi/sii: p. 22.5, 
 where /zaxi/u"5, according to Muller, Dui: iii. 12. 
 § 1, is evidently put for efKppovpos.) 
 
 EMPHYTEUSIS (e/Uc^uTeuo-is, literally an 
 " in-planting") is a perpetual right in a piece 
 of land that is the property of another: the 
 right consists in the legal power to cultivate it, 
 
EMPHYTEUSIS. 
 
 EMPIRICI. 
 
 379 
 
 nul treat it as our own, on condition of culti- 
 ating it properly, and paying a fixed sum (aimm, 
 Hiisio, rcditus) to the owner {dominus) at fixed 
 lines. The right is founded on contract between 
 ho owner and the lessee eraphyteuta, and tlie land 
 IS called ager vectigalis or eniphytcuticarius. It 
 was long doubted whether this was a contract of 
 buying and selling, or of letting and hiring, till the 
 .emperor Zcno gave it a definite character, and the 
 
 ■ distinctive name of contractus emphyteuticarius. 
 
 The Ager Vectigalis is first distinctly mentioned 
 about the time of Hadrian, and the term is applied 
 to lands which were leased by the Roman state, 
 by towns, by ecclesiastical corporations, and by the 
 . vestal virgins. In the Digest mention only is 
 
 ■ made of lands of towns sj let, with a distinction of 
 ' them into agri vectigales and non vectigales, ac- 
 I cording as the lease was perpetual or not ; but in 
 
 either case the lessee had a real action ( ulilis in rem 
 
 ■ actio) for the protection of his rights, even against 
 
 ■ the owner. 
 
 ' The terra Emphyteusis first occurs in the Digest. 
 The Praedia Eraphyteutica are also fretiuently men- 
 tioned in the Theodosiau and Justinian Codes, but 
 they are distinguished from the agri vectigales. 
 I Justinian, however, put the emphyteusis and the 
 ager vectigalis on the same footing ; and in the case 
 of an emphyteusis (whether the lessor was a com- 
 munity or an individual), the law was declared to 
 be the same as in the case of leases of town pro- 
 perty. This emphyteusis was not ownership : it 
 was a jus in re only, and the lessee is constantly 
 distinguished from the owner (dominus). Yet the 
 occupier of the ager vectigalis and the emphyteuta 
 had a juristical possessio ; a kind of inconsistency, 
 which is explained by Savigny, bj' showing that 
 the ager vectigalis was formed on the analogy of 
 the ager publicus, and though there were many 
 differences between them, there was nothing incon- 
 sistent in the notion of possession, as applied to the 
 public land, being transferred to the ager vectigalis 
 as a modified form of tiie ager publicus. 
 
 Though the emphyteuta had not the ownership 
 of the land, he had an almost unlimited right to 
 the enjojmient of it, unless there were special 
 agreements limiting his riglit. He could sell his 
 interest in the land, after giving notice to the 
 owner, who had the power of choosing whether he 
 would buy the laud at the price which the pur- 
 chaser was wiUing to give. But the lessee could 
 not sell his interest to a person who was unable to 
 maintain the property in good condition. The 
 lessee was bound to pay all the public charges and 
 burdens which might fall on the land, to improve 
 the property, or at least not to deterioi-ate it, and 
 to pay the rent regularly. In case of the lessee's in- 
 terest being transferred to another, a fiftieth part of 
 the price, or of the value of the property, when the 
 nature of the transfer did not require a price to be 
 fixed, was payable to the owner on the admission 
 of the new emphyteuta, and which, as a general 
 rule, was payable by him. The heredes of the 
 emphyteuta were not liable to such payment. 
 
 The origin of the emphyteusis, as already stated, 
 was by contract with the owner and by tradition ; 
 or the owner miglit make an emphyteusis by his 
 last will. It might also, perhaps, in certain cases be 
 founded on prescription. 
 
 The right of the emphyteuta might cease in 
 several waj's ; by surrender to tlie dominus, or \>y 
 dying without heirs, in which case the emphyteusis 
 
 reverted to the owner. He might also lose his 
 right by injuring the property, by non-payment of 
 his rent or the public burdens to which the land 
 was liable, by alienation without notice to the 
 dominus, ^c. In such cases the dominus could 
 tiike legal measures for recovering the possession. 
 (Dig. 6. tit. 3 ; Cod. 4. tit. (iO' ; Miihlcnbruch, 
 Doctriiia Paiidectarum ; Savigny, Das Hccid des 
 Besitzes,^. 99, &c. p. 180; Mackeldey, Lehrbucli, 
 &c.) ^ [G. L.] 
 
 EMPI'RICI ('E^iircipiKoi'), an ancient medical 
 sect, so called from the word e^uTreipia, because they 
 professed to derive their knowledge from e.iiwrii'nce 
 only, and in this particular set themselves in oppo- 
 sition to the Dogmatici. [Dogmatic!.] Serapion 
 of Alexandria, and Philinus of Cos, are regarded 
 as the founders of this school, in the third century 
 B. c. The arguments by which the Dogmatici 
 supported their opinions, as sunnned up by Celsus 
 il/('(/. Praefat.), are given under that head; 
 those of the Empirici are thus stilted by the same 
 author: — " On the other hand, tiiose who from ex- 
 perience styled themselves Empirici, admit, indeed, 
 the evident causes as necessary ; but affinn the in- 
 quirj' after the occult causes and natural actions to 
 be fruitless, because nature is incomprehensible. 
 And that these things cannot be comprehended, ap- 
 pears from the controversies among those who have 
 treated concerning them, there being no agreement 
 found here, either among the philosophers or the 
 physicians themselves ; for why should one believe 
 Hippocrates rather than Heropliilus? or whj' him 
 rather tlian Asclepiades? That if a man inclines to 
 determine his judgment by reasons assigned, the 
 reasons of each of them seem not improbable ; if by 
 cures, all of them have restored the diseased to 
 health ; and therefore we should not deny credit 
 either to the arguments or to the authority of any of 
 them. That even the philosophers must be allow- 
 ed to be the greatest physicians, if reasoning could 
 nuike them so ; whereas it appears that they have 
 abundance of words, and very little skill in the art 
 of healing. They say also, that the methods of 
 practice differ according to the nature of places ; 
 thus one method is necessary at Rome, another in 
 Egypt, and another in Gaul. That if the causes of 
 distempers were the same in all places, the same 
 remedies ought to be used every where. That 
 often, too, the causes are evident ; as for instance 
 in a lippitude (or ophthahnia), or a wound, and 
 nevertheless the metliod of cure does not appear 
 from them : that if the evident cause does not sug- 
 gest this knowledge, much less can. the other, which 
 is itself obscure. Seeing, then, this last is uncer- 
 tain and incomprehensible, it is much better to 
 seek relief from things certain and tried ; that is, 
 from such remedies as experience in the method of 
 curing has taught us, as is done in all other arts ; 
 for that neither a husbandman nor a pilot is quali- 
 fied for their business by reasoning, but by practice. 
 And that these disquisitions have no connection 
 with medicine, ma}' be inferred from this plain fact, 
 that ph^'sicians, whose opinions in these matters 
 have been directly opposite to one another, have, 
 notwithstanding, equally restored their patients to 
 health ; that their success was to be ascribed to 
 their having derived their methods of cure, not 
 from the occult causes, or the natural actions, about 
 which they were divided, but from experiments, 
 accordinu as they had succeeded in the course of 
 their practice. That medicine, even in its infancy. 
 
380 
 
 EMPIRICI. 
 
 EMPIRICI. 
 
 was not deduced from these inquiries, but from ex- 
 periments: for of the sick, who had no physicians, 
 some, from a Iceen appetite, had immediately talcen 
 food in the hrst days of their illness, while others 
 feeling a nausea, had abstiuned from it, and that 
 the disorder of those who had abstained was more 
 alleviated ; also some, in the paroxysm of a fever, 
 had taken food, others a little before it came on, 
 and others after its remission ; and that it succeed- 
 ed best with those who had done it after the re- 
 moval of the fever: in the same manner, some used 
 a full diet in the begiiuiing of a disease, others 
 were abstemious ; and that those grew worse who 
 had eaten plentifully. These, and the like in- 
 stances, daily occurring, that diligent men observed 
 attentively what method generally answered best, 
 and afterwards began to prescribe the same to the 
 sick. That this was the rise of the art of medicine, 
 which, by the frequent recovery of some, and the 
 death of others, distinguishes what is pernicious 
 from what is salutary ; and that when the remedies 
 were found, men began to discourse about the rea- 
 sons of them. That medicine was not invented in 
 consequence of tlieir reasoning, but that tlieory was 
 sought for after the discovery of medicine. They 
 ask, too, whether reason prescribes the same as ex- 
 perience, or something diiferent: if the same, they 
 infer it to be needless ; if ditl'erent, mischievous. 
 That at first, however, there was a necessity for ex- 
 amining remedies with the greatest accuracy, but 
 now they are sufficiently ascertained ; and that we 
 neither meet with any new kind of disease, nor 
 want any new method of cure. That if some 
 unknown distemper should occur, the physician 
 would not therefore be obliged to have recourse to 
 the occult things, but he would presently see to 
 what distemper it is most nearly allied, and make 
 trial of remedies like to those which have often 
 been successful in a similar malady, and by the re- 
 semblance between them would find some proper 
 cure. For they do not affirm that judgment is 
 not necessary to a physician, and that an irrational 
 animal is capable of practising this art, but that 
 those conjectures which relate to the occidt things 
 are of no use, because it is no matter what causes, 
 but what removes a distemper ; nor is it of any 
 importance in what manner the distribution is per- 
 fonned, but what is easiest distributed : whether 
 concoction fails from this cause or that ; or whether 
 it be properly a concoction, or only a distribution ; 
 nor are we to inquire liow we breathe, but what 
 relieves a difficult and slow breathing ; nor what 
 is the cause of motion in the arteries, but what 
 each kind of motion indicates. Tliat tliese things 
 are known by experience ; that in all disputes of 
 this kind a good deal may be said on both sides ; 
 and therefore genius and eloquence obtain the vic- 
 tory in the dispute ; but diseases are cured not by 
 eloquence, but by remedies; so that if a person, 
 without any eloquence, be well acquainted with 
 those remedies that have been discovered by prac- 
 tice, he will be a much greater physician than one 
 who has cultivated his Udent in speaking without 
 experience. That these things, however, which have 
 been mentioned fire only idle ; but what remains 
 is also cruel, to cut open the abdomen and prae- 
 cordia of living men, and make that art, which pre- 
 sides over the health of mankind, the instrument, not 
 only of inflicting death, but of doing it in the most 
 horrid manner ; especially if it be considered that 
 some of those things which are sought after with 
 
 so much barbarity cannot be known at all, and 
 others may be known without any erueltj- ; for 
 that the colour, smoothness, softness, liardness, and 
 such like, are not the same in a wounded body as 
 they were in a sound one ; and further, because 
 these qualities, even in bodies that have suffered 
 no external violence, are often changed by fear, 
 grief, hunger, indigestion, fatigue, and a thousand 
 other inconsiderable disorders ; which makes it 
 much more probable that the internal parts, which 
 are far more tender, and never exposed to the light 
 itself, are changed hy the severest wounds and 
 mangling. And that nothing can be more ridicu- 
 lous than to imagine any thing to be the same in a 
 dying man, nay one already dead, as it is in a 
 living person ; for that the abdomen indeed may 
 be opened while a man breathes, but as soon as the 
 knife has reached the praecordia, and the trans- 
 verse septum is cut, which, by a kind of membrane, 
 divides the upper from the lower parts (and by 
 the Greeks is called the diaphragm — Sidtppajfia), 
 the man immediately expires ; and thus the prae- 
 cordia, and aU tlie viscera, never come to the view 
 of the butchering physician till the man is dead ; 
 and they must necessarily appear as those of a 
 dead person, and not as they were while he lived; 
 and thus the physician gains only the opportunity 
 of murdering a man cruelly, and not of observing 
 what are the appearances of the viscera in a living 
 person. If, however, there can be any thing which 
 can be observed in a person that yet breathes, 
 chance often throws it in the way of such as prac- 
 tise the healing art ; for that sometimes a gladiator 
 on the stage, a soldier in the field, or a traveller 
 beset by robbers, is so wounded that some internal 
 part, difi'erent in different people, may be exposed 
 to view ; and thus a prudent physician finds their 
 situation, position, order, figiu'e, and the other par- 
 ticulars he wants to know, not by perpetrating 
 murder, but by attempting to give health ; and 
 leanis by compassion that which others had dis- 
 covered by horrid cnielty. That for these reasons 
 it is not necessary to lacerate even dead bodies ; 
 which, though not cruel, yet may be shocking to 
 the sight, since most things are different in dead 
 bodies ; and even the dressing of wounds shows all 
 that can be tUscovered in the living." — (Futvoye's 
 Translation.) 
 
 Such were the arguments by which they sup- 
 ported their opinions in favour of experience, of 
 which tlu'y reckoned three sorts, viz.: — Ol/serra- 
 Hull (TTjpTjcTis) or Aiitojiai/ {avTo^ia), History 
 (l<TTopta),andAtiali){/i/, or the sahstitution of a simi- 
 lar tltiiui (rj ToC oixoiov nerdSaais) which they 
 called " the Tripod of Medicine " (ttjc TphoSa 
 rrjs laTpiKijs), (Galen, £>e Suljjr</ur. Emjiir. cap. 
 13. p. G8.) They gave the name of O/jscrvation 
 or Autopny to that which had been noticed by 
 each individual for himself while watching what 
 took place in the course of an illness, and was the 
 result of his own remarks on the signs and causes 
 of the disease, and also on the result of different 
 modes of treatment. Wliat they called hisiori/ 
 was a collection of observations made by others, 
 and afterwards jiut in writing. Ana/oi/i/, or /lie 
 subditutioii of one t/iiii<i for another, was what they 
 had recourse to when they had to treat a new' 
 malady, and could not profit cither by their own 
 experience or that of others. In these and similar 
 cases they selected their plan of treatment, by 
 comparing the unknown disease with that which 
 
EMPORIUM. 
 
 "ErKTESlS. 
 
 381 
 
 r| most resembled it. Their opinions maybe found 
 I at greater length in Le Clerc's or Sprengol's His- 
 tory of Medicine. The latter remarks that " their 
 principles exhibit the most evident proofs of their 
 great sagacity and sound judgment, and that tliey 
 were more animated by the true genius of medicine 
 than the greater part of their predecessors who had 
 given themselves up to vague theories." However, 
 their rejection of anatomy, physiology, and patho- 
 logy as ui?eless studies, would, of course (at least 
 in the opinion of modern ])liysicians), prevent their 
 ever attaining any higher rank than that of clever 
 experimentalists, though it must not be denied 
 that materia medica is indebted to them for tlie 
 discovery of the properties of many valuable 
 drugs. 
 
 Besides Philinus, the names of the following ph}'- 
 sicians of this sect have been preserved : — Serapion, 
 who is said by Celsus {De Medk: in Praefat.) to 
 
 , have been their founder; Apollonius((7y«/.), Glaucias 
 (ibuL), lleraclides of Tarentum (ihid.)^ Bacchius * of 
 Tanagra, Zeuxis (Ualen, Coninu'tit. in Ap/tor. Jlip- 
 pocr. tom. xviii. p. Ifi7. ed. K'ulin), Menodo- 
 tus of Nicomedia (Diog. Liiert. ix. 12. sect. 7. 
 
 : § 116), Theodas or Theudas of Laodicea (/W.), 
 Sextus {Ibicl.), Dionysius (Galen, De Aledicam. 
 sec. Locos, V. 7), Crito [id. Dc Suhfiyur. Empii:}, 
 Herodotus of Tarsus, Saturninus (Diog. Liiert. 1. c), 
 Callicles, Diodorus, Lycus (Galen, De MciJt. Med. 
 ii. 7. p. 1 42), Aeschrion {id. De Simpl. Mcdicam. 
 Facult. xi. 24. p. 356), Philippus, Marcellus, and 
 Plinius Valcrianus. None of these have left any 
 works behind them except Sextus, Marcellus, and 
 Plinius Valerianus, a few of whose writings are 
 
 I still extant. The sect existed a long time, as 
 
 I Marcellus lived in the fourth century, a. d. ; it 
 appears also to have maintained its reputation as 
 long as its members remained true to their original 
 principles, and it was only when they began to 
 substitute ignorant and indiscriminate experiments 
 for rational and philosophical observation that the 
 word Einpii-ic sank into a term of reproach. A 
 parallel has been drawn between the worst part of 
 the system of the ancient Empirici and the modern 
 Homoeopathists by Franc. Ferd. Brisken, in an 
 inaugural dissertation entitled " Philinus et Hah- 
 nemannus, seu Veteris Sectae Empiricae cum Ho- 
 diema Secta Homoeopathica Comparatio." 8vo. 
 Berol. 18.34. pp. 36. [W. A. G.] 
 
 'EMnOPIKAI' AI'KAI. [Emporium.] 
 EMPO'RIUM (to €fnr6piov),a place for whole- 
 sale trade in connuoditics carried by sea. The 
 name is sometimes applied to a sea-port town, but 
 it properl)' signifies only a particular place in such 
 a town. Thus Amphitryo says (Plaut. Amjih. iv. 
 i. 4) that he had looked for a person, 
 " Ajmd empurimn, atque in macello, in palaestra 
 atque in foro. 
 In medicinis, in tonstrinis, apud omnis aedis 
 sacras." 
 
 (Compare Liv. xxxv. 10 ; xli. 27.) The word is 
 derived from e/irropos, which signifies in Homer a 
 person who sails as a passenger in a ship belonging 
 to ariother person {Od. ii. 319 ; xxiv. 300) ; but in 
 
 ! _ * With respect to Bacchius it should be men- 
 ! tioned that Kiihn {Additam. ad Elenclmm Mcdi- 
 eorum Veterum a Jo. A. Fabrido, in DiUintJi. 
 Graec. vol. xiii. Exhibitum, 4to. Lips. 1826) con- 
 siders the passage in Galen, which seems to class 
 him among the Empirici, to be coriiipL 
 
 later writers it signifies the merchant or wholesale 
 dealer, and differs from Kain\Kos, tlie retail dealer, 
 in that it is applied to the merchant wlio carries on 
 commerce with foreign countries, while the kotttjAos 
 purchases his goods from the (fiTropos and retails 
 them in the market-place {y\ oi) Kmr-fiAovs KaAoOixev 
 Tovs npus (vUTju Te koI irpaffiu dLaKovovuTas., idpu- 
 fievovs €V dyopa, roiis irXav^ras eirl tAs iro'Aeis 
 efxiropovs, Plato, De I{<p. ii. 12. p. 371). 
 
 At Athens, it is said {Lex. Seg. p. 208) that 
 there were two kinds of emporia, one for foreigners 
 and the other for natives {i,eviK6u and acTTiKov) ; 
 but this appears doubtful. (Biickli, Publ. Eeoii. of 
 Athens, ii. p. 24.) The emporium at Athens was 
 under the inspection of certain officers, who were 
 elected annually {lirineXriTaX toS ijiiroplou). 
 ['EniMEAHTAl'.] 
 
 E.MTI ET VENDITI ACTIO. The seller 
 has an actio venditi, and the buyer has an actio 
 emti, upon tlie contract of sale and purchase. Both 
 of them are actiones directae, and their object is to 
 obtain the fulfilment of the obligations resulting 
 from the contract. [G. L.] 
 
 E'iMTIO ET VENDI'TIO. The contract of 
 buying and selling consists in the buyer agreeing 
 to give a certain sum of money to the seller, and 
 the seller agreeing to give to the buyer some cer- 
 tain thing for his money. After the agreement is 
 made, the buyer is bound to pay his money, even 
 if the thing which is the object of purchase should 
 be accidentally destroj-ed before it is delivered ; 
 and the seller must deliver the thing -with all its 
 intennediate increase. The seller must also war- 
 rant a good title to the purchase [EviCTio], and 
 he must also warrant that the thing has no con- 
 cealed defects, and that it has all the good qualities 
 which he (the seller) attributes to it. It was with 
 a ■saew to check frauds in sales, and especially in 
 the sales of slaves, that the seller was obliged by 
 the edict of the curule aediles [Edictum] to in- 
 form the buyer of the defects of any slave offered 
 for sale : " Qui mancipia vendunt, certiores faciant 
 emtores quod morbi vitiique," &c. (Dig. 21. tit. 1.) 
 In reference to this part of the law, in addition to 
 the usual action arising from the contract, the 
 buyer had against the seller, according to the cir- 
 cumstances, an actio ex stipulatu, redhibitoria, 
 and quanti minoris. Horace, in his Satires (lib. 
 ii. 3. 280), and in the beginning of the second 
 epistle of the second book, alludes to the precau- 
 tions to be taken by the buyer and seller of a 
 slave. [G. L.] 
 
 ENCAUSTICA. [Pictura.] 
 
 'ErKAHMA. [AI'KH, p. 335.] 
 
 "ErKTHMA. ["ErKTHSIS.] 
 
 "ErKTHSIS was the right of possessing landed 
 property and houses {iyKTt]ins •yrji koI oiK'las) in 
 a foreign country, which was frequently granted 
 by one Greek state to another, or to separate in- 
 dividuals of another state. (Demosth. De Cor. 
 p. 265. 7 ; Biickh, Corp. Inscript. i. p. 725.) 
 'E7/cTi5/naTO were such possessions in a foreign 
 country, and are opposed by Demosthenes {Dc 
 Halonn. p. 87. 7) to Kr-/ijmTa, possessions in one's 
 own country. (Valcken. ad Herod, v. 23.) The 
 term e'/KTrnxara was also applied to the landed 
 property or houses which an Athenian possessed 
 in a different 5t)|UOS from that to which he belonged 
 by birth, and witli respect to such property he 
 was called iyKeKTri/xevos : whence we find De- 
 mosthenes {c. Poh/cl. p. 1208. 27) speaking of oi 
 
382 
 
 'ENE'XTPA. 
 
 'ErrTH'. 
 
 SrifiSrai Kai ol iyKtKTrinivot. For the rinlit of 
 holding property in a Sijixos to which he did not 
 belong, he had to pay such SrjfjLos a tax, which is 
 mentioned in inscriptions under the name of iy- 
 KT-qjiKov. (Biickh, Puhl. Econ. nf Alhens, ii. p. 3.) 
 
 'EFKTHTIKO'N. ["EFRTHSIS.] 
 
 "ENAEIEIS properly denotes a prosecution in- 
 stituted ag-ainst such persons as were alleged to have 
 exercised rights or held offices while labouring 
 under a peculiar disqualification. Among these 
 are to be reckoned state debtors, who during their 
 liability sate in court as dicasts, or took any other 
 part in public life ; exiles, who had returned clan- 
 destinely to Athens ; those that visited holy places 
 after a conviction for impiety (duiSeia) ; and all 
 such as having incurred a ])artial disfranchisement 
 (drtfila Kara irpoaTa^tv) presumed to exercise their 
 forliidden functions as before their condemnation. 
 Besides these, however, the same fonii of action 
 was available against the chairman of the proedri 
 (eTTio'TaTrjj), who wrongly refused to take the votes 
 of the peoph; in the assembly (Plato, AjioL p. 32. 
 a.); against malefactors, especially murderers 
 (which Schiimann thinks was probably the course 
 pursued when the time for an apagoge had been 
 suffered to elapse); traitors, ambassadors accused 
 of malversation I Isocrat. c. CaUim. 11) ; and per- 
 sons who funiished supplies to the enemy during 
 war. (Aristoph. Etjitit. "27!!; Andoc. De liediiu, 
 82.) The first step taken by the prosecutor was 
 to lay his information in writing, also called 
 €vSei^is, before the proper magistrate, who might 
 be the archon or king archon, or one of the thes- 
 mothetae, according to the subject matter of the 
 infonnation ; but in the case of a malefactor (/coKoup- 
 70s) being the accused person, the Eleven were 
 the officers applied to. [Eleven', The.] It tlien 
 became the duty of the magistrate to arrest, or 
 hold to bail, the person criminated, and take the 
 usual steps for bringing him to trial. There is great 
 obscurity as to the result of condemnation in a pro- 
 secution of this kind. Heraldus {Animadv. in 
 Salin. IV. ix. 10) ridicules the idea that it was 
 invariably a capital punishment. The accuser, if 
 unsuccessful, was responsible for bringing a malici- 
 ous charge (;|/6u5o0y ei/Seilccos UTreuflwos, Herald. 
 IV. ix. 13). See Schumann, Df Com. 175 ; Att. 
 Proc. 239, &c. [J. S. M.] 
 
 E'NDROMIS {ivZqofils), a thick coarse blanket, 
 manufactured in Gaul, and called " endromis" be- 
 cause those who had been exercising in the stadium 
 (eV Spo/^ifi) threw it over them to obviate the ef- 
 fects of sudden exposure when tiiej' were heated. 
 Notwithstanding its coarse and shaggy appearance, 
 it was worn on other occasions as a protection from 
 the cold by rich and fashionable persons at Rome. 
 (Juv. iii. 103; Mart. iv. 19; xiv. 126.) Ladies 
 also put on an endromis of a finer description (e«- 
 dromi'las Ti/rius, Jav. vi. 24H), when they partook, 
 as they sonierimes did, of the exercises of the 
 palaestra. Moreover, boots [Cothurnus] were 
 called evSpo/iiSes on account of the use of them in 
 running. (Cidlim. Ht/mn. in Diu?i. 1(5; in Delum, 
 23!i ; Pollu.x, iii. 155 ; vii. 93 ; Brunck, Anal. iii. 
 206.) [J. Y.] 
 
 'ENATMA. [Amictus.] 
 
 'ENE'XTPA. In private suits at Athens, whether 
 tried by a court of law, or before an arbitrator, 
 whenever judgment was given against a defendant, 
 a certain period was at the same time fixed (7; 
 TTpodeafxla), before the expiration of which it was 
 
 incumbent upon him to comply with the verdict. 
 In default of doing so he became vwepijfiepos, or 
 over the day, as it was called, and tlie plaintiff was 
 privileged to seize upon (aij/oirfloi) his goods and 
 chattels as a security or compensation for non- 
 compliance. (Dcmosth. c. ATeid. 540. 21 ; Ulp. ad 
 he. ; see Aristoph. Nuiics, 35.) The property thus 
 taken was called ecexupa, and slaves were gene- 
 rally seized before anything else. (Athen. xiii. 
 612. c.) This " taking in execution" was usually 
 left to the party who gained the suit, and who, if 
 he met with resistance in making a seizure, had 
 his remedy in a S/wrj i^ov\T)s : if with personal 
 violence, in a Si/crj alxias. (Demosth. c. Everg. 
 1153.) On one occasion, indeed, we I'cad of a 
 public officer (i/Tr7;ptTi5S irapd. rrjs dpx'i^) being 
 taken to assist in, or perhaps to be a witness of, a 
 seizure ; but this was in a case where pubUc in- 
 terests were concerned, and consequent upon a de- 
 cision of the ySouAi (Id. c. Even/. 1149.) The 
 same oration gives an amusing account of what 
 Englishmen would consider a case of " assault and 
 trespass," committed by some plaintiffs in a de- 
 fendant's house, though the amount of damages 
 which had been given {v KaraSiKri) was, accord- 
 ding to agreement, lying at the bank {iirl tjj 
 TpoTrefr;), and there awaiting their receipt. 
 
 It seems probable, though we are not aware of 
 it being expn'ssly so stated, that goods thus seized 
 wi're iiublicly sold, and that the party from whom 
 they were taken could sue his opponent, perhaps by 
 a 5Ik7) /8A(x§7)!, for any suqilus which might remain 
 after all legal demands were satisfied. No seizure 
 of this sort could take place during several of the 
 religious festivals of the Athenians, such as the 
 l)ion3-sia, the Lenaea, &c. They were, in fact, 
 dies non in Athi'iiian law. (Demosth. c. Meid. 
 518 ; Iludtwakker, Diact. p. 132.) [R. W— N.] 
 
 "ErrT'H, bail or sureties, were in very frequent 
 requisition, both in the private and public affairs 
 of the Athenians. Private agreements, as for in- 
 stance, to abide by the decision of arbitrators 
 (Demosth. c. Apatur. 892 — 899), or that the evi- 
 dence resulting from the application of torture to a 
 slave shoidd be conclusive (Demosth. c. Puntacii. 
 978. 11), were coiToboratcd by the parties recipro- 
 cally giving each other such sureties; and the same 
 took place generally in all money-lending or mer- 
 cantile transactions, and was invariablj' necessary 
 when persons undertook to fann tolls, taxes, or 
 other public property. 
 
 In judicial matters bail or sureties were provid- 
 ed upon two occasions; first, when it was requisite 
 that it should be guaranteed that the accused 
 should be forthcoming at the trial; and sccondty, 
 when security was demanded for the satisfaction 
 of the award of the court. In the first case, bail 
 was very generalh' required when the accused was 
 other than an Athenian citizen, whether the action 
 were public or private; but if of that privileged 
 class, upon no other occasion, except when pro- 
 ceeded against by way of Apagoge, Endeixis, Ephe- 
 gcsis, or Eisaiigclia. L'pun the last mentioned form 
 being adopted in a case of high treason bail was 
 not accepted. The technical word for •re(|uiring 
 bail of an accused person is Kareyyvdu, that for 
 becoming surety in such case e^iyyvd(T6ai. Surety 
 of the other kind was demanded at the beginning 
 of a suit ujion two occasions only ; first, when a 
 citizen asserted the freedom of a person detained 
 in slavery by another ; and secondly, when a liti- 
 
'ENOIKI'OT AI'KH. 
 
 'EnArrEAi'A. 
 
 383 
 
 iint, who had suffered judgment to go by default 
 I'fore the arbitrator (5iaiT7)Tijs), had recommenced 
 i> action within the given time {fj-ri ovaa SiVt)). 
 Lfter the judgment, security of this kind was re- 
 I uired in all mercantile and some other private 
 auses ; and state debtors, who had been sentenced 
 
 ■ 0 remain in prison till they had acquitted them- 
 elves of their liabilities, were, by a law of Timo- 
 rates (Demosth. c. Tiiiiori: 7\2 — 7 Hi), allowed 
 0 go at large if they could provide three sureties 
 hat the money should be paid within a limited 
 
 < leriod. If the priuci))al in a contract made default 
 he surety was bound to make it good, or if he re- 
 used to do so, might be attacked by an i-yyvr]s S'iktj, 
 ( such action were brought within a twelvemonth 
 
 ■ lfter the obligati(m was undertaken. (Demostli. c. 
 [Apatur. 901. 10.) If, however, a person accused 
 
 ■ n a public action by one of the fonns above-men- 
 •ioned failed to appear to take his trial, his hail 
 
 )ecame liable to any punishment that such person , 
 ' lad incurred by contempt of court; and, consistently j 
 (,vith this, it appears, from a passage in Xenopiion \ 
 ■•{Hel. i. 7. § 39), that the law allowed the bail to 
 'secure the person of the accused by private con- 
 finement. ( Meier, Att. Froc. ,5 1 .5.) [J. S. M.] 
 
 'Errr'HS ai'kh. ['Errr'H.] 
 
 'ENOIKI'OT AI'KH. An action brought (like 
 
 )ur trespass for mesne profits after a successful 
 ,u tion of ejectment) to recover the rents withheld 
 from the owner during the period of his being kept 
 out of possession. If the propert}' recovered were 
 not a house, but land (in the more confined sense 
 of the word), the action for the rents and profits 
 was called Kafmov StKH). It seems from the lan- 
 guage of the granniiarians, that these actions could 
 he brought to try the title to the estate, as well as 
 for the above-mentioned purpose. Perhaps both 
 the tenement and the intermediate profits might 
 be recovered by one suit, but tlie proceeding would 
 be more hazardous, because a failure in one part of 
 the demand would involve the loss of the whole 
 cause. Thus, the title of a party to the land itself 
 might have e.xpired, as for instance where he held 
 under a lease for a term ; yet he would be entitled 
 to recover certain bygone profits from one who had 
 dispossessed him. Therefore it is not improbable 
 that the SiVai iv, and /cap. might in praclice be con- 
 fined to those cases where the rents and profits 
 only were the subject of claim. We are told that, 
 if the defendant, after a judgment in one of these 
 actions, still refused to give satisfaction, an ova-'ias 
 5f(0) might be commenced against him, of which 
 the effect was, that the plaintiff olitained a right to 
 indemnify himseif out of the whole property of the 
 defendant. Schiimann observes, that this was a 
 circuitous proceeding, when the plaintiff might take 
 immediate steps to execution by means of entry 
 and ejectment. His conjecture, however, that the 
 ovaias SiVrj was in ancient times an important ad- 
 vantage, when real property could not in the first 
 instance be taken in execution, is probably not far 
 from the truth, and is supported by analogy to the 
 laws of other nations, which, being (in the infancy 
 of civilization) framed by the landowmers only, 
 bear marks of a watchful jealovisy of any encroach- 
 ment upon their rights. He remarks also, that the 
 gi\-ing to the party the choice between a milder 
 and a more stringent remedy, accords with the 
 general tenor and spirit of the Athenian laws. We 
 may add, that our own law fumishes an illustra- 
 tion of this, viz., where a plaintiff has obtained a 
 
 judgment, he has the 0])tion of proceeding at once 
 to execution, or bringing an action on the judg- 
 ment ; though with us the latter measure is con- 
 sidered tlie more vexatious, as it increases the 
 costs, and is rendered less necessary by the facility 
 with which executions can be levied. At Athens 
 the e^ouATjs Si'ktj, as it was the ultimate and most 
 eflicacious remedy, drew with it also more penal 
 consequences, as is explained under 'EMBATEI'A. 
 (Meier, Aft. Proc. p. 74.').) [C. R. K.] 
 
 'ENnMOTl'A. [ARMy(GREEK),p. 88,89..01.] 
 
 ENSIS. [Gi.ADirs.] 
 
 ENTASIS (evTaats). The most ancient co- 
 lumns now existing are remarkable for the extreme 
 diminution of the shaft between its lower and upper 
 extremity, the sides of wliich, like those of an 
 obelisk, converge immediately and regularly from 
 the base to the neck between two even lines — a 
 mode of construction which is wanting in grace 
 and apparent solidity. To correct this, a swelling 
 line, called ei/tasis (Vitruv. iii. 2), was given to 
 tlie shaft, which seems to have been the first step 
 towards combining grace and grandeur in the 
 Doric column. 
 
 The original fonn is represented by the figure on 
 the left in the annexed woodcut, which is taken 
 from the great temple at Posidonia (Paestum), 
 which is one of tlie most ancient temples now re- 
 maining ; that on the right shows the entasis, 
 and is from a building of rather later construction 
 in the same city. Two other examples of the same 
 style are still to be seen in Italy, one belonging to 
 an ancient temple at Alba Fucinensis (Piranesi, 
 Marinif. rfe' Horn. tiiv. 31. fig. 6), and the other 
 at Rome, on the sepulchre of C. Publicius. {lb. 
 fig. 7.) [A. R.] 
 
 'EnArrEAi'A. if a citizen of Athens had in- 
 curred dTiij.'ia, the privilege of taking part or speak- 
 ing in the public assembly was forfeited ['ATIMI'A], 
 But as it sometimes might happen that a person, 
 though not formally declared iVi/xoy, had commit- 
 ted such crimes as would, on accusation, draw upon 
 him this punishment, it was of course desirable that 
 such individuals, like real ari/uoi, should be excluded 
 from the exercise of the rights of citizens. When- 
 
'E^-HBOS. 
 
 'E*HB02. 
 
 ever, therefore, such a person ventured to speak in 
 the assembly, any Athenian citizen liad the right 
 to come forward in the assemljly itself (Aeschin. c. 
 Timnrcli. p. 104), and demand of him to establish 
 his right to speak by a trial or examination of his 
 conduct (SoKifj.a(rta toS /Siou), and this demand, 
 denouncement, or threat, was called kvayyeXla^ or 
 l-nayy^Kla hoKifxaala^. The impeached indivi- 
 dual was then compelled to desist from speaking, 
 and to submit to a scrutiny into his conduct (Pol- 
 lux, viii. 43 ; Suidas, s. i\ inayyeXta), and if he 
 was convicted, a formal declaration of aTi/xta fol- 
 lowed. 
 
 Some writers have confounded the iwayye\[a 
 with SoKifj.a(T(a, and considered the two words as 
 synon^Tns ; but from the statements made above, 
 it is evident that the SoKi/iacria is the actual trial, 
 while the iirayyeXia is only the threat to subject 
 a man to the SoKifiaaia: hence the expression 
 €iTayye?iKfLV SoKifiacrlau. (Schiimann, De Comit. p. 
 232. note 8. transl.) Other writers, such as Har- 
 pocration and Suidas, do not sufficiently distinguish 
 between ^irayyiXia and efSeilu : the latter is an 
 accusation against persons who, though they had 
 been declared arifxai, nevertheless venture to 
 assume the rights of citizens in the public assem- 
 bly; whereas ivayy^Xla applied only to those who 
 had not j'et been convicted of the crime laid to 
 tlieir charge, but were only threatened with an ac- 
 cusation for the first time. (Meier, AH. Pro<: p. 
 210 ; Schtimann, Dc Comit. p. 232. note 7. transl.) 
 Wachsmuth {Hellen. Alkrth. i. 1. p. 294) seems 
 to be inclined to consider the f)n\TopiKr) ypa(pri to 
 be connected or identical with the eirayyeKia, but 
 the former, according to the definitions of Photius 
 and Suidas, was in reality quite a different thing, 
 inasmuch as it was intended to prevent orators 
 from saj-ing or doing unlawful things in the assem- 
 bly where they had a right to come forward; where- 
 as the e7ra77€\i'a was a denunciation, or a promise 
 to prove that the orator had no right at all to speak 
 in the assembly. [L. S.] 
 
 'EITA'PITOI, a select corps of Arcadian troops, 
 who appear to liave been held in high estimation 
 by their countrymen. (Xen. //< //. vii. 4. § 22. 33, 
 34 ; 5. § 3 ; Mem. de PAcad. des Inscrip. xxxii. 
 p. 234 ; Hesych. s.v. 'ETraptiTjToi (read 'Eira'piroi); 
 Clinton, Fast. Hell. ii. p. 419. note m; Wachs- 
 muth, i. 2. p. 294.) 
 
 'EnAT'AIA. [Marriage (Greek).] 
 
 'EIIETNAKTAI' were a class of citizens at 
 Sparta, who are said to have been the offspring of 
 slaves and the widows of Spartan citizens. Theo- 
 pompus tells us (Athen. vii. p. 271. d) that in the 
 Messenian war, in consequence of the great losses 
 which they sustained, the Spartans married the 
 widows of those who were slain to helots, and that 
 these helots were admitted to the citizensliip under 
 the name of iirevvaKrai. Dindorus(Mai. Kre. Vat. 
 p. 10) also calls the partisans of Phalanthus itrev- 
 vaKTai. [nAP0ENl'AI.] (Thirlwall, Hint, of 
 Greece, i. p. 353 ; Midler, Dor. iii. 3. § 5.) 
 
 EPHEBE'UM. [Gymnasium.] 
 
 "E^HBOS, was the name of Athenian youths 
 after they had attained the age of 18. (Pollux, 
 viii. 10.5; Hai^pocrat. s. v. 'ETriSieres 'HSijaai.) 
 The state of i(priSeia lasted for two years, till the 
 young men had attained the age of 20, when tliey 
 became men, and were admitted to share all the 
 rights and duties of a citizen, for which the law 
 did not prescribe a more advanced age. That the 
 
 young men, when they became %ipriSoi, did not re- 
 ceive all the privileges of full citizens, is admitted 
 on all hands ; but from tlie assertion of Pollux and 
 Harpocration, who state that their names were not 
 entered in the lexiarchic registers until they had 
 completed their 20th year, that is to saj', until they 
 had gone through the period of i(pri§eia, it 
 would seem that they were not looked upon as 
 citizens as long as they were eipTjgoi, and that con- 
 sequently they enjoyed none of the privileges of 
 full citizens. But we have sufficient ground for 
 believing, that the names of young men at the time 
 they became i(py\Soi, were entered as citizens in 
 the lexiarchic registers, for Lycurgus (c. Leocrat. 
 p. 189) uses the expressions e<pr)€ov yiyveaBai and 
 els TO Kut^iapx^Kou ypafifiareiov eyypd.<pe(T@ai as 
 s\Tionymous. The statement of Harpocration and 
 Photius is therefore prol)ably nothing but a false 
 inference from the fact, that young men before the 
 completion of their 20th year were not allowed to 
 take an active part in the public assembly ; or it 
 may be, that it arose out of the law which, as 
 Schiimann (/)<; Comit. p. 71. transl.) inteqirets 
 it, prescribed that no Athenian should be enrolled 
 in the lexiarchic registers before the attainment of 
 the 18th, or after the completion of the 20th year 
 [AOKIMASI'A]. From the oration of Demo- 
 sthenes against Aphobus (p. 814, &c. ; compare c, 
 Onetor. p. 8(!8), we see that some of the privileges 
 of citizens were conferred upon young men on be- 
 coming i(p-r]Soi : Demosthenes himself, at the age 
 of 18, entered upon his patrimony, and brought an 
 action against his guardians ; one Mantitheus 
 (Demosth. c. Boeot. De Dole, p. 1009) relates that 
 he married at the age of 1 8 ; and these facts are 
 stated in such a manner that we must infer that 
 their occurrence had nothing extraordinary, but 
 were in accordance with the usual custom. 
 
 Before a j'outh was enrolled among the ephebi, 
 he had to undergo a SoKi/j-aaia, the object of which 
 was partly to ascertain whether he was the son of 
 Athenian citizens, or adopted by a citizen, and 
 partly whether his body was sufficiently developed 
 and strong to undertake the duties which now de- 
 volved upon him. (Aristoph. Vesp. 533, with the 
 Schol. ; Demosth. c. Onetor. p. 868 ; Xen. De Rep. 
 Ath. c. 3. § 4; Plato, Crito, p. 51, with Stall- 
 baum's note p. 174. Eng. transl.) Schiimann (/. c.) 
 believes that this SoKiixacria only applied to orphans, 
 but Aristophanes and Plato mention it in such a 
 general way, that there seems to be no ground for 
 such a supposition. After the SoKifiaa'ia the young 
 men received in the assembly a shield and a lance 
 (Aristot. ap. Harpocrat. s. v. AoKifmaia) ; but 
 those whose fathers had fallen in the defence of 
 their country, received a complete suit of armour 
 in the theatre. (Aeschin. c. Ctesiph. p. 75. cd. Steph.; 
 Plato, Menc.r. p. 249, with Stallbaum's note.) It 
 seems to have been on this occasion that the 
 tcprjgoi took an oath in the temple of Artemis 
 Aglauros (Demosth. De Fuh. Leg. p. 438 ; Pollux, 
 viii. 106), by which they pledged themselves never 
 to disgrace their amis or to desert their comrades; 
 to fight to tlie last in the defence of their country, 
 its altars and hearths ; to leave their country not in 
 a worse but in a better state than they found it ; 
 to obey the magistrates and the laws ; to resist all 
 attempts to subvert the institutions of Attica, and 
 finally to respect the religion of their forefathers. 
 This solemnity took place towards the close of the 
 vear {tv dpxatperlats), and the festive season bore 
 
'E*E2TPI'2. 
 
 e name of i<p^Sta. (Isaeus, De Apollod. c. 28 ; 
 emosth. c. Leochar. p. 1092.) The external dis- 
 ction of the etprtSoi consisted in the x^iM"^ ^inti 
 e iTiTaaos. (Ilemsterhuis, ad Polliic. c. x. 
 64.) 
 
 During the two years of the i(pr]§ela, which may 
 considered as a kind of apprenticeship in arms, 
 ' nd in which the young men prepared themselves for 
 lie higher duties of full citizens, they were gene- 
 ally sent into the country, under the name of 
 repIffoAoi, to keep watch in the towns and for- 
 resses, on the coast and frontier, and to perform 
 ther duties which might be necessary for the pro- 
 I'ction of Attica. (Pollux, viii. lOG ; Photius, s. v. 
 Ifp'iiroKos : Plato, De Ler/. vi. p. 7fiO. c.) [L. S.] 
 ' 'E4>HTH2I2 denotes the method of proceeding 
 gainst such criminals as were liable to be sum- 
 ' narily arrested by a private citizen ['AITArnrH'], 
 I'hen the prosecutor was unwilling to expose him- 
 c\( to personal risk in apprehending the offender. 
 Drraosth. c. Atidrot. p. GOl.) Under these cir- 
 umstances he made an application to the proper 
 magistrate, as, for instance, to one of the Eleven, if 
 i t were a case of burglary or robberj' attended 
 vith murder (Meier, Ait Pmc. p. 7G), and 
 onducted him and his officers to the spot where 
 he capture was to be effected. With respect to 
 he forms and other incidents of the ensuing trial 
 ve have no infoi-mation ; in all probability they 
 I liffered but little, if at all, from those of an apagoge. 
 [ Meier, Alt. Proc. p. 24G.) [J. S. M.] 
 
 [ 'E*E'2IA, a great panegyris of the lonians at 
 pphesus, the ancient capital of the lonians in Asia, 
 it was held every year,and had,like all panegj'reis, 
 [i twofold character, that of a bond of political 
 jmion among the Greeks of the Ionian race, and 
 ■ hat of a common worship of the Ephesian Artemis. 
 Dionys. Hal. Aydiq. Rom. iv. p. 229. ed. Sylburg; 
 '5trabo, xiv. 1. p. 174. ed. Tauchnitz.) The Ephesia 
 ontinued to be held in the time of Thucydides and 
 itrabo, and the former compares it (iii. 104) to 
 ho ancient panegyris of Dclos [AHAIA], where a 
 ;reat number of the lonians assembled with their 
 vives and children. Respecting the particulars of 
 ts celebration, we only know that it was accom- 
 ;')anied with much mirth and feasting, and that 
 nystical sacrifices were offered to the Ephesian 
 foddess. (Strabo, /. c.) That games and contests 
 ormed likewise a chief part of the solemnities is 
 lear from Hesychius (s. v.), who calls the Ephesia 
 m aywv ivKpavris. (Compare Pans. vii. 2. § 4 ; 
 Vliiller, Dor. ii. 9. § 8 ; Bcickh, Corp. Inscript. ii. 
 1. 2909.) 
 
 From the manner in which Thucydides and 
 itrabo speak of the Ephesia, it seems that it was 
 •nly a panegyris of some lonians, perhaps of those 
 vho lived in Ephesus itself and its vicinity, 
 -^hucydides seems to indicate this by comparing it 
 yith the Delian panegyris, which likewise con- 
 isted only of the lonians of the islands near 
 )elos; and Strabo, who calls the great national 
 anegyris of all the lonians in the Panionium the 
 ■oivii TTavT^yvpis twv 'Iciuuv, applies to the Ephesia 
 imply the name vavi^yupis. It may, however, 
 lave existed ever since the time when Ephesus was 
 he head of the Ionian colonies in Asia. [L. S.] 
 
 ■'E4>E2I2. [Appellatio (Greek).] 
 E*E2TPI'2 was a name applied to any outer 
 arment, and is used as equivalent to the lixdriov 
 nd chlamys. (Xen. Symp. iv. 38 ; Lucian, Dial. 
 Heretr. 9. vol. iii. p. 301. ed. Reitz; Dial. Mort. 
 
 ■E-J>E'TAI. 
 
 385 
 
 10. § 4. vol. i. p. 3GG ; Contcmi>l. 14. p. ,509 ; 
 Becker, Charikles, ii. p. 358.) 
 
 'E-tE'TAI. The judges so called at Athens were 
 fifty-one in number, selected from noble fiiinilies 
 [dpLcrTU'Sriv alpeBevres), and more than fifty years 
 of age. They formed a trilninal of great antiquity, 
 so much so, indeed, that Pollux (viii. 125) 
 ascribed their institution to Draco ; moreover, 
 if we can depend upon the authority of Plutarch 
 (Solon, c. 19), one of Solon's laws (droves) speaks 
 of the courts of the Ephetae and Areiopagus as co- 
 existent before the time of that legislator. Again, 
 as we are told by Pollux (/. c), the Ephetae for- 
 merly sat ill one or other of five courts, accord- 
 ing to the nature of the causes they had to try. 
 In historical times, however, they sat in_/y«)'only, 
 called respectively the court by the Palladium 
 (to (ttI rioAAaSi'w), by the Delphinium (to evl 
 A(\<piviai'), by the Prytaneium (to M Uptnavelcf)), 
 and the court at Phreatto or Zea (to cV ^pcaTTot). 
 (Wachsmuth, ii. i. p. 321.) At the first of these 
 courts they tried cases of unintentional, at the 
 second, of intentional but justifiable homicide, such 
 as slaj'ing another in self-defence, taking the life 
 of an adulterer, killing a tyrant or a nightly rob- 
 ber. (Plato, Ln/fs, ix. p. 874.) At the Prytaneium, 
 by a strange custom, somewhat analogous to the 
 imposition of a deodand, they passed sentence upon 
 the instrument of murder when the perpetrator of 
 the act was not known. In the court at Phreatto, 
 on the sea-shore at the Peiraeus, they tried such 
 persons as were charged with wilful murder during 
 a temporary exile for unintentional homicide. In 
 eases of this sort, a defendant pleaded his cause on 
 board ship (rjjs yris juij aTrTo'^uefOj), the judges 
 sitting close by him on shore. (Demosth. c. 
 Arin/ocr. p. 644.) Now we know that the juris- 
 diction in cases of wilful murder was by Solon's 
 laws entrusted to the court of the Areiopagus, 
 which is mentioned by Demosthenes (/. c.) in con- 
 nection with the four courts in whicli the Ephetae 
 sat. Moreover, Draco, in his Sffffioi, spoke of the 
 Eplieiae only, though the jurisdiction of the Areio- 
 pagus in cases of murder is admitted to have been 
 of great antiquity. Hence Miiller (Eitmcnid. § 
 65) conjectures that the court of the Areiopagus 
 was anciently included in the five courts of the 
 Ephetae, and infers, moreover, the early existence 
 of a senate at Athens, resembling the Gerousia at 
 Sparta, and invested with the jurisdiction in eases 
 of homicide. (Thirlwall, Ilisi. of Greece, ii. p. 
 41.) The name of "Ecpirai given to the mem- 
 bers of this council was, as he conceives, rather 
 derived from their granting a license to avenge 
 blood (o( icpiaai dvipoip6vtf tov dvSpTi^.aTujv') 
 than from their being appealed to, or from the trans- 
 fer to them of a jurisdiction which before the time of 
 Draco had belonged to tlie kings. (Pollux, I. c.) If 
 this hypothesis be true, it becomes a question, why 
 and when was tliis separation of the courts luade.^ 
 On this subject Miiller adds, that when an act of 
 homicide was not punished by death or perpetual 
 banishment, the perpetrator had to receive expiation 
 [Banishment (Greek)]. Now the atonement 
 for blood and the purificiition of a shedder of blood 
 came under the sacred law of Athens, the know- 
 ledge of which was confined to the old nobility, 
 even after they had lost their political power. 
 ['EHHrHTAI'.] Consequently the administration 
 of the rites of expiation could not be taken away 
 from them and none but an aristocratical court 
 
386 
 
 EPHIPPIUM. 
 
 EPHORI. 
 
 like that of the Ephetae would be competent to 
 grant pemission of expiation for homicide, and to 
 preside over the ceremonies connected with it. Ac- 
 cordingly, that court retained the right of decision 
 in actions for mansliiughter, in whicli a temporary 
 flight was followed liy expiiition, and also in cases 
 of justifiable hqmicide, whether from the similarit)' 
 of the latter (as regards the guilt of the perpetrator) 
 to acts of accidental homicide, or as requiring a like 
 expiation. (Plato. Li i/rs, ix. \>. 'Ufi nnd 875.) For 
 acts of wilful muriler, on the other hand, the 
 punishment was either death or deicpvy'ia, and 
 therefore no expiation (KaBapats) was connected 
 with the administration of justice in such cases, 
 so that there could be no objection against their 
 being tried by the court of the Areiopagus, though 
 its members did not of necessity belong to the old 
 aristocracy. 
 
 Such briefly are the reasons which MUller 
 alleges in support of this hypothesis, and if they 
 are valid there can be little doubt that the separa- 
 tion alluded to was efiected when the Atlienian 
 nobility lost their supremacy in the state, and a 
 timoeracy or aristocracy of wealth was substituted 
 for an aristocracy of birth. This, as is well known, 
 happened in the time of Solon. 
 
 Lastl}' we may remark, that the comparativelj' 
 unimportant and antiquated duties of the Ephetae 
 sufficiently explain the statement in Pollux (/. c), 
 that their court graduallj- lost all respect, and be- 
 came at last an object of ridicule. [R. W — x.] 
 
 EPHI'PPIUM (da-TpdSri, ifhinov, ^(ph-n-€iov\ 
 a saddle. Although the Greeks occasionally rode 
 without any saddle (eVl \f/i\ov "irnov, Xenoph. De 
 Re Eijues. vii. 5), yet they commonly used one, 
 and from them the name, together with the thing, 
 was borrowed by the Romans. ( Varro, De Rc Rust. 
 ii. 7; Caesar, B. G. iv. 2 ; Hor. EpUt. i. 14. 43; 
 Gellius, V. 5.) It has indeed been asserted, that 
 the use of saddles was unknown until the fourth 
 centuiy of our era. But Ginzrot, in his valuable 
 work on tlie history of carriages (vol. ii. c. 26), 
 has shown, both from the general practice of the 
 Egj-ptians and other Oriental nations, from the 
 pictures preserved on the walls of houses at Hercu- 
 laneum, and from the expressions employed by J. 
 Caesar and other authors, that the term " ephip- 
 pium " denoted not a mere hoi-se-cloth, a skin, or 
 a flexible covering of any kind, but a saddle-tree, 
 or fi^me of wood, which, after being filled with a 
 stuffing of wool or cloth, was covered with softer 
 materials, and fastened by means of a girth (cingit- 
 lum, zona) upon the back of the animal. The 
 ancient saddles appear, indeed, to have been thus 
 far different from ours, that the cover stretched 
 upon the hard frame was probably of stuffed or 
 padded cloth rather than leather, and that the 
 saddle was, as it were, a cushion fitted to the 
 horse's back. Pendent cloths {iTTpiifxara, strata) 
 were always attached to it so as to cover the sides 
 of the animal ; but it was not provided with stir- 
 rups. As a substitute for the use of stirrups the 
 horses, more particularly in Spain, were taught to 
 kneel at the word of command, when their riders 
 wished to mount them. See the annexed figure 
 from an antique lamp found at Herculaneum, and 
 compare Strabo, iii. i. p. 436. ed. Sieb. ; and SUius 
 Italicus, x. 465. 
 
 The cloths, which were either spread over the 
 saddle, or iiung from it on each side, were often 
 dyed with difl:erent colours ( " Jam pui-pura vestiat 
 
 armos," Claud. Epiq. x. 36. ; cplippia fncata, Apul 
 Dc Deo .Sbc), and were sometimes rendered stil 
 more ornamental by the addition of fringes. 
 
 The term " Kphippium" was in later times in 
 part supplanted by the word " sella," and the mon 
 specific expression " sella equestris." (.1. Y.) 
 
 EPHORI {^Ecpopot). Magistrates called "E^x);!;) 
 or overseers were common to many Dorian const! 
 tutions in times of remote antiquity. Cyrene ant 
 the mother state of Thera may be mentioned a 
 examples : the latter colonized from Laconia ii 
 early ages, and where, as we are told, the ephor; 
 were indivvixoi, i. e. gave their name to their yea' 
 of office. (Heracl. Pont. 4.) The ephoralty a- 
 Sparta is classed by Herodotus (i. 6.5) among thi 
 institutions of Lycurgus. Since, however, thi 
 ephori are not mentioned in the oracle which con 
 tains a general outline of the constitution ascribei 
 to him (Plutarch, Ljicurg. 6), we maj' infer that m 
 new powers were given to them by that legislator 
 or in the age of which he ma}' be considered thi 
 representative. Another account refers the iusti 
 tution of the Spartan ephoralty to Theopompu 
 (b. c. 770 — 720), who is said to have founde 
 this office with a view of limiting the authority i 
 the kings, and to have justified the innovation 1) 
 remarjiing that " he handed down the royal powc 
 to his descendants more din-able, becaiise he ha. 
 diminished it." (Aristot. Polit. v. 9.) The incoi 
 sistency of these accounts is still farther com 
 plicated by a speech of Cleomenes the Thin 
 who (Plutarch, Cteom. 10) is represented I 
 have stated that the ephors were originally a] 
 pointed hy the kings, to act for them in a judici: 
 capacity (irpds to Kp'ivfiv) during their abscm 
 from Sparta in the first Messenian war, an 
 that it was only by gradual usurpations that tlic- 
 new magistrates, had made themselves paramoin 
 even over the kings themselves. Now, accordin 
 
EPHORI. 
 
 to some authorities (Thirlwall, Hkt. of Greece, i. 
 353), Polydorus, the colleague of Theopompus, and 
 one of tile kiny;s under whom the first Messenian 
 war (b. c. 743 — 7'23) was completed, appro- 
 priated a part of the conquered Messenian ter- 
 ritory to the augmentation of the nmnber of por- 
 tions of land possessed by the Spartans — an 
 augmentation wliich implies an increase in the 
 number of Spartan citizens. But the ephors, as 
 we shall see hereafter, were tlie representatives 
 of the whole nation, and therefore, if in the reign 
 of Theoponipus the franchise at Sparta was ex- 
 tended to a new class of citizens who nevertheless 
 were not placed on an equality with the old 
 ones {virofiiiovis), the ephors would thenceforward 
 stand in a new position with respect to the 
 kings, and the councillors (oi" yipovTes) who were 
 elected from the higher class. Moreover, it is 
 not improbable that, during the absence of the 
 kings, the ephors usurped, or had conferred upon 
 them, powers which did not originallj- belong to 
 them ; so that, from both these causes, their 
 authority may have been so far altered as to lead 
 to the opinion that the creation of the office, and 
 not merely an extension of its powers, took place 
 during the reign of Theopompus. Again, as Mr. 
 Thirlwall observes, " if tiie extension of the epho- 
 ralty was connected with the admission of an in- 
 ferior class of citizens to the franchise, the com- 
 parison which Cicero (I)e L'g. iii. 7, De Rep. ii. 
 33) draws between the ephoralty and the Roman 
 tribunate would be more applicable than he him- 
 self suspected, and would throw a light on tlie 
 seeming contradiction of the ephors being all- 
 powerful, though the class which they more espe- 
 cially represented enjoyed only a limited fran- 
 chise." {Hkt. of Greece, i. 3.5().) But after all, 
 the various accounts which we liave been consider- 
 ing merely show how different were the opinions, 
 and how little historical the statements, about the 
 origin of the ephoralty. (Miiller, Doridiis, iii. 
 c. 7, and see CHnton, F. H. i. Appendix 6.) 
 
 We shall therefore proceed to investigate the 
 functions and authority of the ephors in historical 
 times, after first observing that their office, con- 
 sidered as a countei-poise to the kings and council, 
 and in that respect peculiar to Sparta alone of the 
 Dorian states, would have been altogether incon- 
 sistent with the constitution of Lycurgus, and that 
 their gradual usui-pations and encroachments were 
 facilitated by the vague and indefinite nature of 
 their duties. Their number, five, appears to have 
 been always the same, and was probably connect- 
 ed with the five divisions of the town of Sparta, 
 namely, the four kHhoa, Limnae, Mesoa, Pitana, 
 Cynosura, and the ITdAis or city property so 
 called, around which the Kwfxai lay. (^Plnlolo(j. 
 Museum, ii. p. 5-2.) They were elected from aiid 
 by the people (el airdvTwv), without any qualifica- 
 tion of age or property, and without undergoing 
 any scrutiny (oi tuxo>'t€j) ; so that, as Aristotle 
 remarks {PoUt. ii. 7), the S^^ios enjoyed through 
 them a participation in the highest magistracy of 
 the state. The precise mode of their election is 
 not known, but Aristotle (/. c.) speaks of it as 
 being very puerile ; and Plato {Ley. iii. p. Gd\>) 
 describes their office as 6771)1 Ttjs KATjpuTrjs 
 Sufdnfus, words which may apply to a want of a 
 directing and discriminating principle in the elec- 
 tors, ^vithout of necessity implying an election by 
 lot. They entered upon office at the autumnal 
 
 EPHORI. 387 
 
 solstice, and the first in rank of the five gave his 
 name to the year, which was called after him in 
 all civil transactions. (Miiller, Uur. iii. 7. § 7.) 
 Tlieii- meetings were held in the public building 
 called apx^wv, which in some respects resembled 
 the Prytaneium at Athens, as being the place 
 where foreigners and ambassadors were entertained, 
 and where, moreover, the ephors took their meals 
 together. (Pausan. iii. 11. § 2.) 
 
 The ephors also possessed judicial authority, 
 on which subject Aristotle (Pti/it. iii. 1) remarks 
 that they decided iji civil suits (SiKoi twv avn§o- 
 Ka'iwv), and generally in actions of great im- 
 poitance {Kpiafwv fieyaAoiv Kvpioi, Polit. ii. G): 
 whereas the council presided over capital crimes 
 (Si'/cai (poviKai). In this arrangement we see an 
 exemplification of a practice common to many of 
 the ancient Greek states, according to which a 
 criminal jurisdiction was given to courts of aristo- 
 cratic composition, while civil actions were de- 
 cided by popular tribunals. [ Compare 'E*E'TAI 
 and Areiopagu.s.] But with this civil jurisdiction 
 was united a censorial authorit}', such as was 
 possessed by the ephors at Cyrene : for example, 
 the ephors punished a man for having brought 
 money into the state (Pint. L?/sa)i. 19), and others 
 for indolence. (Scliol. ai/ Thiieiid. i. iii.) We are 
 told also, that tliey inspected the clothing and the 
 bedding of the yoinig men. (Atlienaeus, xii. 550.) 
 Moreover, something like a superintendence over the 
 laws and their execution is implied in the language 
 of the edict, which they published on entering upon 
 their office, ordering the citizens " to shave the 
 upper lip (/xvaTaKa), i. e. to be sulmiissive, and to 
 obey the laws." Now the symbolical and archaic 
 character of tliis expression seems to prove that 
 the ephors exercised such a general su])erintendence 
 from very early times, and there can be no doubt 
 " that in the hands of able men, it would alone 
 prove an instrument of unlimited power." (Thirl- 
 wall, Hist, of Greece, i. 355.) 
 
 Their jurisdiction and power were still farther 
 increased by the privilege of instituting scrutinies 
 {eiiSwai) into the conduct of all the magistrates, 
 on which Aristotle {Polit ii. (i. 17) observes that 
 it was a very great gift to the ephoralty (touto Se 
 rfj €(popeia fieya Kiav to Swpov). Nor were they 
 obliged to wait till a magistrate had completed his 
 tenn of office, since, even before its termination, 
 they might exercise the privilege of deposition. 
 (Xen. De Re. Lac. viii. 4.) Even the kings them- 
 selves could be brought before their tribunal (as Cleo- 
 menes was for bribery, dwpodoKia, Herod, vi. 82), 
 though they were not obliged to answer a summons 
 to appear there, till it had been repeated three 
 times. (Plut. Clcom. 10.) In extreme cases, the 
 ephors were also competent to lay an accusation 
 against the kings as well as the other magistrates, 
 and bring them to a capital trial before the great 
 court of justice. (Xen. I. c. ; Herod, vi. 85.) 
 If they sat as judges themselves, they were only 
 able, according to MuUer, to impose a fine, and 
 compel immediate payment ; but they were not in 
 any case, great as was their judicial authority, 
 bound by a written code of laws. ( Aristot. Polit. ii. 
 6. IG.) 
 
 In later times the power of the ephors was 
 greatly increased ; and this increase appears to have 
 been principally owing to the fact, that they put 
 themselves in connection with the assembly of the 
 people, convened its meetings, laid measures before 
 
388 
 
 EPHORI. 
 
 EPIBATAE. 
 
 it, and were constituted its agents and representa- 
 tives. (Miiller, Dor. ii. 125. transl.) When this 
 connection arose is matter of conjecture ; some re- 
 fer the origin of it to Asteropus, one of the first 
 ephors to whom the extension of the powers of the 
 ephoralty is ascribed, and who is said to have 
 lived many years after the time of Theopompus ; 
 probably about B. c. 560. That it was not 
 known in early times appears from the circum- 
 stance that the two ordinances of the oracle at 
 Delphi, which regulated the assembly of the people, 
 made no mention of the functions of the ephors. 
 (Thirlwall, i. 356.) It is clear, however, that the 
 power which such a connection gave, would, more 
 than any thing else, enable them to encroach on 
 the royal authority, and make themselves virtuallj- 
 supreme in the state. Accordingly, we find that 
 they transacted business with foreign ambassadors 
 (Herod, ix. 8); dismissed them from the state (Xen. 
 Hell. ii. 13. 19); decided upon the government of 
 dependent cities (Xen. Hill. iii. 4. 2); subscribed 
 in the presence of other persons to treaties of peace 
 (Thucyd. v. 19. 24), and in time of war sent out 
 troops when they thought necessary. (Herod, ix. 
 7. 10.) In all these capacities the ephors acted as 
 the representatives of the nation, and the agents of 
 the public assembly, being in fact the executive of 
 the state. Their authoritj- in this respect is fur- 
 ther illustrated b}' the fact, that after a declaration 
 of war, " they entnisted the armj^ to the king, or 
 some other general, who received from them in- 
 structions how to act ; sent back to them for fresh 
 instructions, were restrained by them through the 
 attendance of extraordinary plenipotentiaries, were 
 recalled by means of the scytale, summoned before 
 a judicial tribunal, and their first duty after return 
 was to visit the office of the ephors." (MViUer, Dor. 
 ii. 127. transl.) Another striking proof of this re- 
 presentative character is given by Xenophon {De 
 Repub. Lucon. xv), who informs us, that the ephors, 
 acting on behalf of the state (i/irep TTjy iroAfws), 
 received from the kings every month an oath, by 
 which the latter bound themselves to rule accord- 
 ing to law ; and that, in return for this, the state 
 engaged, through tlie ephors, to maintain unshaken 
 the authority of the kings, if they adhered to their 
 oath. 
 
 It has been said that the ephors encroaehed upon 
 the royal authority ; in course of time the kings 
 became completely under their controul. For 
 example, they fined Agesilaus (Plutarch, Ages. 
 2. 5) on the vague charge of trying to make him- 
 self popular, and interfered even with the domestic 
 arrangements of other kings ; moreover, as we are 
 told by Thucydides (i. 131), they could even im- 
 prison the kings, as they did Pausanias. We 
 know also that in the field the kings were followed 
 by two ephors who belonged to the council of war; 
 the three who remained at home received the booty 
 in charge, and paid it into the treasury, which was 
 under the superintendence of the whole College of 
 Five. But the ephors had still another prerogative, 
 based on a religious foundation, which enabled 
 them to effect a temporary deposition of the kings. 
 Once in eight years (Si' iriiv iyvea), as we are told, 
 they chose a calm and cloudless night to observe the 
 heavens, and if there was any appearance of a fall- 
 ing meteor, it was believed to be a sign that the 
 gods were displeased with the kings, who were 
 accordinglj' suspended from their functions until 
 an oracle allowed of their restoration. (Plut. Affis. 
 
 11.) The outward sj-mbols of supreme authority 
 also were assumed by the ephors ; and they alone 
 kept their seats while the kings passed ; whereas it 
 was not considered below the dignity of the kings 
 to rise in honour of the ephors. (Xen. Repxib. Lacon. 
 
 The position which, as we have shown, the 
 ephors occupied at Sparta, will explain and justify 
 the statement of Miiller, " that the ephoralty was 
 the moving element, the principle of change in the 
 Spartan constitution, and, in the end, the cause of 
 its dissolution." In confiiTuation of this opinion 
 we may cite the authoritj- of Aristotle, who ob- 
 serves, that from the excessive and absolute power 
 (laoTvpavvos) of the ephors, the kings were obliged 
 to court them (iir)ixaywyeiv), and eventually the 
 government became a democracy instead of an 
 aristocracy. Their relaxed and dissolute mode of 
 life too (dc€i/U€i'r) Si'aira), he adds, was contrary to 
 the spirit of the constitution ; and we may remark 
 that it was one of the ephors, Epitadeius, who first 
 carried through the law permitting a free inheri- 
 tance of property in contravention of the regulation 
 of Lycurgus, by which an equal share in the com- 
 mon territory was secured to all the citizens. 
 
 The change, indeed, to which Aristotle alludes, 
 might have been described as a transition from an 
 aristocracy to an oligarch}' ; for we find that in 
 later times, the ephors, instead of being dema- 
 gogues, invariably supported oligarchical principles 
 and privileges. The case of Cinadon, B. t. 399, is 
 an instance of this ; and the fact is apparently so 
 inconsistent with their being representatives of the 
 whole community, and as much so of the lower 
 (ii7ro|U€i'oi'6f) as of the higher {oixoioi) class of 
 citizens, that Wachsmuth (i. 2. p. 214) supposes 
 the Sijixos (Arist. ii. 6), from and by whom the 
 ephors were chosen, to mean the whole body of 
 privileged or patrician citizens onlj', the most emi- 
 nent (Ka\ol KayaBoi) of whom were elected to 
 serve as yipofres. This supposition is not itself 
 improbable, and would go far to explain a great 
 difficulty ; but any analj'sis of the arguments that 
 may be urged for and against it is precluded by 
 our limits. (See Thirlwall, iv. 377.) We shall, 
 therefore, only add that the ephors became at 
 last thoroughly identified with all opposition to 
 the extension of popular privileges. 
 
 For this and other reasons, when Agis and 
 Cleoraenes undertook to restore the old constitu- 
 tion, it was necessary for them to overthrow the 
 ephoralty, and accordingly Cleomenes murdered the 
 ephors for the time being, and abolished the office 
 (b. c. 225); it was, however, restored under the 
 Romans. [R. W— N.] 
 
 EPI'BATAE {('mSdrat) were soldiers or 
 marines appointed to defend the vessels in the 
 Athenian navy, and were entirely distinct from 
 the rowers, and also from the land soldiers, such as 
 hoplitae, peltasts, and cavalry. (Xen. Hell. i. 2. § 7. 
 V. ] . § 1 1 ; Ilarpocrat. and Hesych. s.i\) It appears 
 that tlie ordinary number of epibatae on board 
 a trireme was ten. Dr. Arnold (ad Tlniri/d. iii. 9,")) 
 remarks that by comparing Thucyd. iii. 95 with 
 c. 91. 94, we find three hundred epibatae as the 
 complement of thirty ships, and also by comparing 
 ii. 92. with c. 102, we find four hundred as the com- 
 plement of forty ships ; and the same proportion re- 
 sults from a comparison of iv. 76. with c. 101. In 
 Thucydides vi. 42, we find seven hundred epibatae 
 for a fleet of one hundred ships, sixty of which were 
 
'EniBOAH'. 
 
 'Eni'KAHPOS. 
 
 389 
 
 equipped in the ordinary way and forty had troops 
 on board. In consequence of the number of heavy- 
 anned men 6k tou KaraXoyov on tlie expedition, 
 
 . the Athenians appear to have reduced the number 
 of regular epibatae from ten to seven. The number 
 of forty epibatae to a ship, mentioned by Herodotus 
 
 . (vi. 15), Dr. Arnold justly remarks (/. c), " be- 
 longs to the earlier state of Greek naval tactics, 
 when victory depended more on the number and 
 prowess of the soldiers on board than on the 
 manoEUVTes of the seamen (Thucyd. i. 49) ; and it 
 was in this very point that the Athenians improved 
 the system, by decreasing the number of iiriSaTat, 
 and relying on the more skilful management of theii' 
 vessels." 
 
 The epibatae were usually taken from the 
 Thetes, or fourth class of Athenian citizens 
 (Thucyd. vi. 4'2) ; but on one occasion, in a season 
 of extraordinary danger, the citizens of the higher 
 classes (e/c KaraAoyov) were compelled to serve as 
 epibatae. (Thucyd. viii. 24.) 
 
 The term is sometimes also applied by the Ro- 
 man writers to the marines (Hist, de Bell. Alcj~. 
 1 1, Bell. Afric. 63) ; but they are more usually 
 called elassiarii milites. The latter term, however, 
 is also applied to the rowers or sailors as well as 
 the marines {classiariorum remiyio ve/ii, Tacit. 
 ^t/in. xiv. 4). 
 
 'Eni'BAHMA. [AmcTUf*.] 
 'EITIBOAH', a fine imposed by a magistrate, or 
 other official person or body, for a misdemeanour. 
 , The various magistrates at Athens had (each in I 
 . his own department) a summary penal jurisdic- 
 tion ; i. e. for certiiin offences they might inflict a 
 pecimiary mulct or fine, not exceeding a fixed 
 amount ; if the offender deserved further punish- 
 ment, it was their duty to bring him before a judi- 
 cial tribunal. Thus, in case of an injury done to 
 orphans or heiresses, the archon might fine the 
 parties, or (if the injury were of a serious nature) 
 bring them before the court of Heliaea. (Demosth. 
 f. JMacart. 1076.) Upon any one who made a dis- 
 turbance, or otherwise misbehaved liimself in the 
 public assembly, the proedri might impose a fine of 
 fifty drachms, or else bring him for condign 
 punishment before the senate of 500, or the next 
 assembly. (Aesch. c. Timai: 35. Bekk.) The 
 senate of 500 were competent to fine to the extent 
 of 500 drachms. (Demosth. c. Euerg. and Mnes. 
 1152; see also Demosth. c. Mul. 572.) 
 
 The magistrate who imposed the fine (e^rlSoA^^' 
 6?r6§o\6) had not the charge of levying it, but was 
 obliged to make a return thereof to the treasmy 
 officers {^e'niypd<piiv or iyypdcpeiv rois irpaKTopaiv, 
 0Tfyypa(peiy tw 5i7;UO(7ia)), whereupon, like all other 
 penalties and amerciaments, it became (as we 
 should say) a debt of record, to be demanded or 
 recovered by the collectors. (Aesch. c. Timar. I. c. ; i 
 Demosth. c. Nieust. 1251.) If it were made pay- : 
 able to the fund of a temple, it was collected by 1 
 the functionaries who had the charge of that fund 
 {raji'iai). There might (it seems) be an appeal . 
 from the sentence of the magistrate to a jury or ' 
 superior court. (Meier, Att. Proc. p. 32. 34. 565 ; 
 Schomann, Ant. Jur. Pub. Graec. p. 242. 293.) ( 
 As under the old Roman law no magistrate could i 
 impose a fine of more than two oxen and thirty ; 
 sheep, so by the laws of Solon fines were of very 1 
 small amount at Athens. How greatly they in- c 
 creased afterwards (as money became more plentiful, ! 
 and laws more numerous), and how important a 1 
 
 i branch they foiTued of the public revenue, may be 
 
 • seen from the examples collected by Bcickh, Pab. 
 , Emi. of Athens, ii. p. 103, &c. 
 
 These iTriSoAa'i are to be distinguished from the 
 
 • penalties awarded by a jury or court of law (ti/xt)- 
 fiara) upon a fonnal prosecution. There the 
 magistrate, or other person who instituted the 
 proceeding (for any one might prosecute, kot- 
 ■/lyopeiv), was said Tinrjfxa iiriypdtftaadai, as the 
 court or jury were said Tifj.av, " to assess the 
 penalty," which always devolved upon them, ex- 
 cept where the penalty was one fixed by law (ek 
 ruf pS/xuv iiriKeiixivri fTjjUi'a), in which case it 
 could not be altered. (Aesch. Ilepl UdpaS. 14. 
 Bekk.; Demosth. c. T/ieoci: 1328; Harpocr. s. t'. 
 'ATi'/iijTor dycV. [C. R. K.] 
 
 'EniXEIPOTONI'A. [XEIPOTONI'A ; 'EK- 
 KAH2I'A, p. 364.] 
 
 'EnrKAHP02 (heiress), the name given to the 
 daughter of an Athenian citizen, who had no son 
 to inherit his estate. It was deemed an object of 
 importance at Athens to preserve the family name 
 and property of every citizen. This was effected, 
 where a man had no child, by adoption (ehirol- 
 JJtTfs) ; if he had a daughter, the inheritance was 
 transmitted through her to a grandson, who would 
 take the name of the maternal ancestor. If the 
 father died intestate, the heiress had not the choice 
 of a husband, but was bound to marry her nearest 
 relation, not in the ascending line. Upon such 
 person making his claim before the archon, whose 
 I duty it was eTnfie\f7a6ai twv iniKKT^gav Kal rwv 
 oIkuv twv e^eprt/j.ov/iivui' (Demosth. c. JMacart, 
 1076), public notice was given of the claim; and if 
 no one appeared to dispute it, the archon adjudged 
 the heiress to him (iireSiKaaev avrq, tt)v iiriKKi]- 
 pov). If another claimant appeared (dixtpKxSioTeiv 
 avT<)> Tijs iiriK. ), a court was held for the decision 
 of the right {Sia'iiKaaia ttjs evriK.), which was de- 
 termined according to the Athenian law of con- 
 sanguinity (yivovs Kar' dyx'trTeiav). Even where 
 a woman was already married, her husband was 
 obliged to give her up to a man with a better title ; 
 and men often put away their former wives in 
 order to maiTy heiresses. (Demosth. e. Onet. argum.; 
 c. Eubul. 1311 ; Isaeus, De Pyrr. Hered. 78.) 
 
 A man Avithout male issue might bequeath his 
 property ; but if he had a daughter, the devisee 
 was obliged to marry her. (Isaeus, De Arist. Hered. 
 19.) If the daughter was poor, and the nearest re- 
 lative did not choose to marry her, he was bound 
 to give her a portion corresponding to his own for- 
 tune. (Demosth. c. Macart. 1067.) 
 
 The husband of an heiress took her property 
 until she had a son of full age (eirl Sicres tjStj- 
 (ravTu), who was usually adopted into his mater- 
 nal grandfather's family, and took possession of the 
 estate. He then became his mothers legal pro- 
 tector (Kvpios), and was bound to find her main- 
 tenance (aTrou). If there were more sons, they 
 shared the property equally. (Isaeus, De Pyrr. 
 Hered. 59, De Cir. Hered. 40 ; Demosth. c. Steph. 
 1134, 1135.) 
 
 When there was but one daughter, she was 
 called ^iriKArjpos Jirl iravrl oIkw. If there were 
 more they inherited equally, like our co-parceners ; 
 and were severally married to relatives, the nearest 
 having the first choice. (Andoc. De Alyst. 117, 
 &c. ; Isaeus, jDc Cir. Hered. 57, 58.) Illegitimate 
 sons did not share with the daughter, the law 
 being v6&(a firi tlvai dyxtdTiMv jJ-'ild' UQ<ev fiTjfl' 
 
390 
 
 'EniAO'SEIS, 
 
 'EniMEAHTAI'. 
 
 bcriaiv. (Demosth. c. Macart. 10G7; Aristoph. 
 Av,-s, lfi5-2.) ) 
 The heiress was under the special protection of ( 
 the archnn ; and if she was injured by her husband i 
 or relatives, or by strangers ejecting her from her ] 
 estate, tlie law gave a criminal prosecution against 
 the offender, called KaKaffeuis flaayyeXla. (Isaeus, i 
 I)e Pyn: Hetvd. 76; Meier, Jit. Proc. p. 269. 
 460. 468.) [C. R. K.] 
 
 'Eni'KAINTPON. [Lectus.] 
 'EniAATPI'A. [Eleusinia, p. 374.] 
 EPIDEMIURGI. [Demiurgi.] 
 'EniAIKASl'A ((cA.7igou), was the proceeding 
 by which a legatee or heir, other than the natural 
 descendant and acknowledged successor, obtained 
 legal possession of the estate of a deceased person. 
 Under these circumstances the claimant was said 
 Aayxat'eif or (ittSiKd^eaBat tov K\7)pov, and the 
 property itself termed iiviSiKov until it was formally 
 awarded to its rightful owner. Notice of a claim 
 of this kind might be given to the archon epony- 
 raus during any month in the year except Scirro- 
 phorion, and that magistrate was bound upon re- 
 ceiving it, to direct that it shoidd be inscribed 
 upon a tablet, and exposed to public inspection, as 
 if it were an indictment or declaration (ypa^ij or 
 in an ordinary lawsuit. (Meier, AU. Proc. 
 p. 463.) After this it was recited by the herald 
 in the first ensuing regular asscmldy of the people 
 (icup'ia 4KK\riala), and a proclamation to tlie same 
 effect was again made before the archon who fimnally 
 assigned the property to the claimant. If, how- 
 ever, any other parties made theii' appearance, a 
 diadicasia ensued between them and the original 
 suitor [AIAAIKASI'A]. An analogous proceeding 
 took place when the surviving issue of the deceased 
 consisted of one or more daughters only (iirlKXripoi, 
 eTriKAijpiTiSes, Trarpovxoi, eyx^Vpo^^ or iimrafiari- 
 Ses), in which case the person in whose favour the 
 will of the deceased had been made, the nearest 
 male relation (dyx'TTevs), or if several daughters 
 had been left with tlieir portions to different persons, 
 the legatees or relations were required to prefer their 
 claim to the archon. The proclamation by the 
 herald followed in the same manner as when an 
 estate was the subject of tlie petition ; and the para- 
 catabole or tlie tenth part of the estate or por- 
 tion was deposited as a forfeit, in case they failed 
 to cstiiblish their claim, by the other parties that 
 undertook a diadicasia. (Meier, Att. Proc. p. 461. 
 470.) ['Eni'KAHPOS.] [J. S. M.] 
 
 'EniAO'2EI2 were voluntary contributions, 
 either in money, arms, or ships, which were made 
 by the Atiienian citizens in order to meet tlie ex- 
 traordinary demands of the state. When the ex- 
 pences of the state were greater than its revenue, 
 it was usual for the prytanes to summon an assem- 
 bly of the people, and after explaining the necessi- 
 ties of tlie state, to call upon the citizens to contri- 
 bute according to their means. Those, who were 
 willing to contribute, tlien rose and mentioned 
 what they would give ; while those, who were un- 
 willing to give any thing, remained silent or retired 
 privately from the assembly. (Plutarch, Alcih. 10; 
 Phocion, 9 ; Demosth. c. Mcid. p. 567 ; Theophras. 
 Cliar. 22 ; Athenaeus, iv. p. 168. e.) The names of 
 those who had promised to contribute, together with 
 the amount of their contributions, were written on 
 ' tablets, which were placed before the statues of the 
 Eponymi, where they remained till the amount 
 was paid. (Isaeus, Dc Dicacuy. p. 1 1 1. ed. Reisk.) 
 
 These liriSrffreij, or voluntaiy contributions, were 
 frequently very large. Sometimes the more wealthy 
 citizens voluntarily undertook a trierarchy, or the 
 expences of equipping a trireme. (Demosth. c. Mei/l. 
 p. 566. 23.) We read that Pasion furnished a 
 1 000 shields, together with five triremes, which he 
 equipped at his own expence. (Demosth. c. Steph. 
 p. 1127. 12.) Chrysippus presented a talent to 
 the state, when Alexander moved against Thebes 
 (Demosth. c. Plioriii. p. 918. 20); Aristophanes, 
 tlie son of Nicophemus, gave 30,000 drachmae for 
 an expedition against Cyprus (Lysias,;)ra^lmto/7/i. 
 lioiiis, p. 644) ; Charidemus and Diotimus, two 
 commanders, made a free gift of 800 shields (De- 
 mosth. pro CoroH. p. 265. 18); and similar in- 
 stances of liberality are mentioned by Bockh {PM. 
 Econ. of Athens, ii. p. 377), fi'om whom the pre- 
 ceding examples have been taken. (Compare 
 Schtimann, Dc Comitiis, p. 292.) 
 
 'EnirAMI'A. [Marriage (Greek).] 
 'EnirPA4>Er2. ['EI2*0PA', p. 371.] 
 'EniMEAHTAI', the name of various magistrates 
 and functionaries at Athens. 
 
 1. 'Eiri^ueATjTrjj Tf\s Koivrjs TTpO(r65ov, more usu- 
 ally called rafxias, the treasurer or manager of the 
 public revenue. [See TAMI'A2.] 
 
 2. 'Eiri|UeAr)Tal riLv nopidv 'EAaiou' were per- 
 sons chosen from among the areopagites to take 
 care of the sacred olive trees. (Lysias, Areopag. 
 p. 284. 5.) 
 
 3. 'Eiri/ueATjTol rov 'Einropiov were the over- 
 seers of the emporium. [Emporium.] They were 
 ten in number, and were elected yearly by lot. 
 (Harpocrat. s. r.) They had the entire manage- 
 ment of the emporium, and had jurisdiction in all 
 breaches of the commercial laws. (Demosth. c. 
 Lacrit. p. 941. 15, c. Tlicoc. p. 1324 ; Dinarch. c. 
 Ariatnr/. p. 81, 82.) According to Aristotle {apud 
 Ilarpocmt. s. v.), it was part of their duty to 
 compel the merchants to bring into the city two- 
 thirds of the corn which had been brought by 
 sea into the Attic emporium ; by which we learn 
 that only one-third could be carried away to other 
 countries from the port of the Peiraeeus. (Bockh, 
 PiM. Emu. o/Atk'/is, i. p. C7. HI ; Meier, AU. 
 Proc. p. 86.) 
 
 4. 'Eirifi(XT]Tal rwv Mvarripiwv were, in con- 
 nection with the king archon, the managers of the 
 Eleusinian mysteries. They were elected by open 
 vote, and were four in number ; of whom two were 
 chosen from the general body of citizens, one 
 from the Eumolpidae, and one from the Ceryces. 
 (Hai-pocrat. and Suid. s. v. ; Demosth. c. Meid. 
 p. 570. 6.) 
 
 5. 'Eiri,tt6AT)Tctl Tav veupiaiv, the inspectors of 
 the dockyards, formed a regular dpxri, imd were 
 not an extraordinary commission, as appears from 
 Demosthenes (<•. Eiterg. et Mnes. p. 1145), Aes- 
 cliines (c. Ctcsip/i. p. 419), and the inscriptions 
 
 : published by IJtickh ( Urkmidcii iiher (his Sccwesen 
 . dcs Attisdie's StMifes, 'Ber]ir\, 1840), in which they 
 are sometimes called ol apxovTes iv to7s i/euplots, 
 . and their office designated an dpxii. (No. xvi. b. 
 ; 104, &c.; No. x. c. 125 ; No. xiv. c. 122. 138.) 
 , We learn from the same inscriptions that their 
 " office was yearly, and that they were ten in num- 
 ber. It also appears that they were elected by lot 
 from those persons who possessed a knowledge of 
 • shipping. 
 
 The principal duty of the inspectors of the dock- 
 yards was to take care of the ships, and all the 
 
EPISTOLA. 
 
 EPISYNTHETICI. 
 
 391 
 
 1 igging, tools, (Klc. (o-kcut;) belonging to them. They 
 also had to see that tlie siiips were sea-worthy; and 
 • for this purpose they availed themselves of the 
 1 services of a SoKi/aaiTTrjs, who was well skilled in 
 ' such matters. (IJrickh, Ibid. No. ii. M>.) They had 
 ' at one time the eliarge of various kinds of military 
 (TKfvii, which did not necessarily belong to ships, 
 such as engines of war (No. .xi. m), which were 
 ' afterwards, however, entrusted to the generals by 
 a decree of the senate and people. (No. xvi. a. 195.) 
 ■ They had to make out a list of all those persons 
 I who owed anything to the docks (Demosth. c. 
 ' Emry. ei Mncs. p. 1 145), and also to get in what 
 'was due. (Id. c. And rut. p. G12.) We also find 
 ' that they sold the rigging, &c., of the ships and 
 .purchased new, under the direction of the senate, 
 but not on their own responsibility. (No. xiv. b. 
 190, &c., compared with Nus. .xiv. x\-i. u.) They 
 had riy^iioviav StKajT7]plov in conjunction with the 
 airo(rTo\€iy in all matters connected with their own 
 department. (Demosth. c. Eiwrg. H Afiics. p. 1147.) 
 To assist them in discharghig their duties they 
 had a secretary {ypafifxarfis. No. xvi. b. I(i5), and 
 a public servant (Stj.uoVios tV to7s viuipiois. No. 
 'xvi. b. 135). For a further account of these in- 
 spectors, see Biickh, Urkuiulen, ts.c. p. 48 — ()4. 
 
 (!. 'ETri/icATjTal raiv <pv\(£v, the inspectors of 
 the (pv\ai or tribes. [See TiiiBl's.] 
 
 El'IiniE'DIUM. [Uhed.v.] 
 
 'Eni'5KH^I2 ^ETAOMAPTTPin'N. [TET- 
 AOMAPn-pi n~N Al'KH.] 
 
 EnrSKOnOI were inspectors, who were some- 
 ^ times sent by the Athenians to subject states. 
 Harpocration compares them to the Lacedaemonian 
 ^harmosts, and says that they were also called 
 (JJuAoKfs. It appears that these iir'KTKOiroi received 
 a salary at the cost of the cities over which they 
 presided. (Aristoph. Atvs, 1022, &c., with Schol. ; 
 'Harpocrat. s. v. ; Biickh, PuU. Ecun. i. p. 211. 
 319 ; Schomann, A/dui. Juris Pah. Grace, p. 432. 
 
 EniSTA TH2, which means a person placed 
 o\er any thing, was the name of two distinct 
 classes of functionaries in the Athenian state ; 
 namely, of the chairman of the senate and assem- 
 bly of the people, respecting whose duties see the 
 articles BOTAH', p. 150', and'EKKAH2rA, p. 3C4; 
 and also of the directors of the public works. 
 ('EirioTToTal rwi' Syjixoataiu ^pyuv.) These direc- 
 tors had diiferent names, as reixoTroioi', the repairers 
 of the walls ; rpi-qpoiroio'i, the builders of the 
 triremes ; Ta(pponoiol, tlie repairers of the trenches, 
 , &c. ; all of whom were elected by the tribes, one 
 from each : but the most distinguished of these were 
 the Tdxo^oioL (Aeschin. c. Ctcsiph. p. 400. 422. 
 ^ 425.) Over other public buildings a manager of 
 ^ public works had the superintendence ; and it was 
 in this capacity that Pericles, and subsetpiently 
 Lycurgus, undertook so many works of architec- 
 ture. In the inscriptions relating to tlie building 
 of the temple of Athena Polias, we find lirKnaTai 
 mentioned. (Buckh, PM. Econ. i. p. 272.) Simi- 
 lar authorities were appointed for the care of the 
 roads, and of the sujiply of water (dSoiroio/, 
 Aeschin. c. Ctesipl/, p. 419 
 
 Plutarch, Them. 31 ; Schiimann, Aiiiiq. Juris Publ. 
 Oraec. p. 247). 
 
 The directors received the money which was 
 necessary for these works from the public treasury 
 (e'lc Tfjs SioiKjjo-cais, Aeschin. c. Ctcsiph. p. 425). 
 
 EPI'STOLA [CoNSTiTUTio.] 
 
 "EmSTOAET'S was the officer second in rank 
 in the Spartan fleet, and succeeded to the com- 
 mand if anv tiling liai)peiUHl to the vavapxos or 
 admiral. (Xen. IM. 23, iv. 8. § 11, v. I. 
 
 § 5, 6 ; Sturtz, Leji: Xenuph. s. r.) Thus, when 
 the Chians and the other allies of Sparta on the 
 Asiatic coast sent to Sparta to request that Ly- 
 sander might be again appointed to the command 
 of the navy, he was sent with the title of cVktto- 
 AeiJy, because the laws of Sparta did not pennit 
 the same person to hold the office of vavdpxos 
 twice. (Xen. fM/. ii. 1. § 7.) 
 
 EPISTY'LIUM, the architrave or lower mem- 
 ber of an entablature (curoni-r) which lies immedi- 
 ately over the column. (Festus, s. r.) When an 
 intercoluniniation was of the kind called araeost3'le, 
 that is, when the columns were nioiv than three 
 diameters apart, the epistylium was iiecessjirily 
 made of wood instead of stone (Vitruv. iii. 2) ; a 
 construction exemplified by the restoration in the 
 annexed woodcut {Pompeii, vol. i. p. 143) of the 
 Doric portico, which surrounds three sides of the 
 Fonim at Pompeii. The holes seen at the back 
 of the frieze received the beams which supported 
 an upper gallery. [A. Ii.] 
 
 EPISYNTHE'TICI (67ri(ruc9€TiKo(),an ancient 
 medical sect, so called because they Iwiqied up in 
 a manner ( (TriavvTiBT]ut), and adopted for their own 
 the opinions of ditl'erent, and even opposite, schools. 
 They appear to have been a branch of the Metho- 
 dici [Methodici] (Pseudo-Galen, Iiitruduct. c. 4. 
 p. 684. ed. KUhii), and to have been founded 
 by Agathinus of Sjiarta, the pupil of Athenaeus, 
 towards the end of the first century of the Christian 
 era. (Galen. Defiuil. Med. c. 14. p. 353.) Galen 
 infiirms us (ibid.) that the sect was also some- 
 times called eKKfKTiK-ri, and sometimes 4ktikt^. 
 [Hectici.] The only other ancient physician (as 
 far as the writer is aware) who is mimtioned as 
 having belonged to this sect, is Leonides of Alex- 
 andria (Pseudo-Galen, IntroduU. Inc. cii.}, who 
 is supposed by Sprengel (Hist, dc la Med.) to have 
 lived in the third century, as he himself quotes 
 Galen (apud Al'tii Tetrah. iv. Serm. 2. c. 11. col. 
 088), while Galen never mentions him. Little is 
 known of the opinions of either of these physicians, 
 and notliing sufficiently characteristic to enable us 
 to determine what were the peculiar tenets of 
 
39-2 
 
 'Eni'TPonos. 
 
 'Enn'NTMOS. 
 
 their sect, which are, however, supposed to liave 
 nearly agreed with those of the Eclectici. [Eclec- 
 Tici.] [W. A. G.] 
 
 EPITHALAMIUM. [Marriage.] 
 'EniTIMI'A. ['ATIMI'A : CiviTAS (Greek), 
 p. 235.] 
 
 'EniTPIHPAPXH'MAT02 AI'KH. [AEITOTP- 
 n'A.] 
 
 'EniTPonH~2 rPA*H'. ['Eni'TPonos.] 
 
 'Eni'TPOnOS, which signifies literally a person 
 to whom an}' thing is given in charge (Demosth. 
 c. Ajjhob. i. p. 819. 18), occurs, however, much more 
 frequently in the sense of a guardian of orphan 
 children. Of such guardians there were at Athens 
 three kinds: first, those appointed in the will of 
 the deceased father; secondly, the next of kin, 
 whom the law designated as tutores legitimi in 
 default of such appointment, and who requii'ed the 
 authorization of the arehon to enable them to act ; 
 and lastly, such persons as the archou selected if 
 there were no next of kin living to undertake the 
 office. The duties of the guardian comprehended the 
 education, maintenance, and protection of the ward, 
 the assertion of his rights, and the safe custody 
 and profitable disposition of his inheritance diu'ing 
 his minority, besides making a proper provision for 
 the widow if she remained in the house of her late 
 husband. In accordance with these, the guardian 
 was bound to appear in court iu all actions in be- 
 half of or against his ward, and give in an account 
 of the taxable capital (Tijinj/ua) when an eli7(pupd 
 (the only impost to which or])hans were liable) was 
 levied, and make the proportionate payment in the 
 minor's name. With reference to the disposition 
 of the property, two courses were open to the guar- 
 dian to pursue, if the deceased had left no will, or 
 no specific directions as to its management, viz., to 
 keep it in his own hands and employ it as he best 
 could for the benefit of the minor (SiotKiiv), or let 
 it out to fami to the highest bidder {jxiadovv tou 
 oIkov). In the former case it seems probable 
 (Demosth. c. Onetor. i. p. 865. 17) that a constant 
 controul of the guardian's proceedings might be ex- 
 ercised by the archon ; and a special law ordained 
 that all money belonging to a minor should be 
 vested in mortgages, and upon no account be lent 
 out upon the more lucrative but hazardous security 
 of bottomry. (Suidas, s. r. 'Eyyaov.) 
 
 To insure the perfonuance of these duties the 
 law pennitted any free citizen to institute a public 
 action, as for instance an apagoge or eisangelia 
 against a guardian who maltreated his ward 
 (^KUKoScreuis 6p<pavov), or a -ypacprj iTrnpoTtfii for 
 neglect or injury of his person or property; and the 
 punishment, upon conviction, depended entirely 
 upon the greater or less severity of the dicasts. 
 (ileier, Alt. Proc. p. 294.) If the guardian pre- 
 ferred that the estate should be farmed, the regular 
 method of accomplishing this was by making an 
 application to the archon, who thereupon let the 
 inheritance to the highest bidder, and took care 
 that the famier should hypothecate a sufficient 
 piece of ground or other real property to guaran- 
 tee the fulfilment of the contract (diroTZ/iij/io). In 
 some cases the guardian might be compelled to 
 adopt this course or be punished, if the lease were 
 irregularly or fraudulently made, by a phasis, 
 which, upon this occasion, might be instituted by 
 any free citizen. The guardianship expired when 
 the ward had attained his eighteenth year, and if 
 the estate had been leased out, the farmer paid in 
 
 the market-place the capital he had received to 
 trade with, and the interest that had accrued (De- 
 mosth. c. Apliub. i. 832. 1 ) ; if, however, the in- 
 heritance had been managed by the guardian, it 
 was from him that the heir received his property 
 and the account of his disbursements during the 
 minorit}'. In case the accounts were unsatisfactory, 
 the heir might institute an action ciriTpoTrrjs against 
 his late guardian ; this, however, was a mere pri- 
 vate law suit, in which the damages and cpobelia 
 only could be lost by the defendant, to the latter 
 of which the plaintiff was equallj' liable upon fail- 
 ing to obtain the votes of a fifth of the dicasts. 
 This action was barred by the lapse of five years 
 from the termination of the guardianship; and, if 
 the defendant in it died before that time, an action 
 /3Aagr)s would lie against his representatives to re- 
 cover what was claimed from his estate. (Meier, 
 Alt. Proc. p. 444, &c.) [J. S. M.] 
 
 'EnnBEAI'A, as its etymology implies, at the 
 rate of one obolus for a drachma, or one in six, was 
 payable on the assessment (rifx-qixa) of several pri- 
 vate causes, and sometimes in a case of phasis, by 
 the litigant that failed to obtain the votes of one- 
 fifth of the dicasts. (Demosth. c. ApJioli. p. 834. 
 25; e. Euen/. et Mi/edh. p. 1 1 58. 20.) It is not, 
 however, quite certain that such was invariably 
 the case when the defeated suitor was the defend- 
 ant in the cause (Meier, ^ft./Voc.p. 730); though 
 in two great classes, namely, cross suits [avTiypor 
 <t>al), and those in which a preliminary question as 
 to the admissiljility of the original cause of action 
 was raised (irapaypacpat), it may be confidently 
 asserted. As the object of the regidation was to 
 inflict a penalty upon litigiousness, and reimburse 
 the person that was causelessly attacked for his 
 trouble and anxiety, the fine was paid to the suc- 
 cessful suitor in private causes, and those cases of 
 phasis in which a private citizen was the party 
 immediately aggrieved. In public accusations, in 
 general, a fine of a thousand drachmae, payable to 
 the public treasury, or a complete or partial dis- 
 franchisement, supplied the place of the epobelia as 
 a punishment for frivolous prosecutions. [J.S.AI.] 
 
 'EnnMl'2. [Tunica.] 
 
 'Enn'NTMOS (having or giving a name), was 
 the surname of the first of the nine archons at 
 Athens, because his name, like that of the consuls 
 at Rome, was used in public records to mark the 
 year [Archon]. The expression iiruvvixoi twv 
 riAtKiwy, whose number is stated by Suidas, the 
 Etymologicum Magm., and other grammarians, to 
 have been forty, likewise applies to the chief-archon 
 of Athens. Every Athenian had to serve in the 
 army from his 19th to his 60th year, z. e. during 
 the archonship of forty archons. Now as an army 
 generally consisted of men from the age of 18 to 
 that of (iO, the forty archons under whom they had 
 been enlisted, were called eiruvv/xoi tuv t^Aikiuv, 
 in order to distinguish them from the 4nc^vvfioi 
 TWV (pvKuv. (Compare Demosth. up. Hurpocrat. 
 s. V. "Eirtivvnoi, and Bekker, Atwcdota, p. 245.) 
 At Sparta the first of the five ephors gave his name 
 to the year, and was tlierefore called tcpopos 
 tircSpvfios. (Paus. iii. 11. § 2.) 
 
 It was a very prevalent tendency among the 
 ancients in general to refer the origin of their in- 
 stitutions to some ancient or fabulous hero (dpxv- 
 ■yer-qs, Demosth. c. Mucart. p. 1072), from whom, 
 in most cases, the institution was also believed to 
 have derived its name, so that the hero became its 
 
EQUIRIA. 
 
 apxTy^TTi! ^TTwvvixos. In later times new institu- 
 tions were often named after ancient lieroes, on ac- 
 count of some fabulous or legendary connection 
 which was thought to exist between tliem and the ! 
 new institutions, and the heroes thus became, as it 
 were, their patrons or tutelary deities. A striking 
 instance of this custom are the names of the ten 
 Attic tribes instituted by Clcisthenes, all of which 
 were named after some national hero. (Demosth. 
 Epitaph, p. 1397, &c. ; Pans. i. 5.) These ten 
 heroes who were at Athens generally called the 
 fjrwcU|Uoi, or 4iTwvvaoi twv tpvkHv, were honoured 
 with statues, which stood in the Ceraniicus, near 
 the Tholos. (Pans. i. 5. § 1 ; Suidas and Etymol. 
 Magn. s. V. 'Eirwyvnoi.) If an Athenian citizen 
 wished to make proposals for a new law, he exhi- 
 bited them for public inspection in front of these 
 statues of the eiruvv^ioi, whence the expressions 
 eK0eifai irpoaB^v twv Ittivvvhuv, or irpoj roiis 
 iiruvvnovs. (Aeschin. c. Ctcsijik. p. .59. ed. Steph. ; 
 Wolf, Prolcp. lul Demoslh. Ijcptin. p. 133.) [L. S.] 
 'EnO'nTAI. [Eleusinia.] 
 'EnOTI'AE2. [N.-iVis.] 
 EPULO'XES, who were originally three in 
 number {Triumviri Ejmhncs), were first created 
 in B. c. 19!!, to attend to the Epulnm Jovis 
 (Valer. Max. ii. 1. § 2; Liv. xxxi. 4; Gell. 
 xii. 8), and the banquets given in honour of 
 the other gods ; which duty had originally be- 
 longed to the Pontifices. (Liv. xxxiii. 42 ; Cic. Dc 
 Orat. iii. 19, De Huriiap. /{rsjiniis. 10; Festus, 
 s. V. Epolonus.) Their number was afterwards 
 increased to seven (Gell. i. 12; Lucan, i. 002), 
 and they were called Septemviri Epuloiies or Scp- 
 temwi Epulouura ; under which names they are 
 frequently mentioned in inscriptions. (Orelli, In- 
 scnp. No. ,590. 773. 2259. 22G0. 2365.) Julius 
 Caesar added three more (Dion Cass, xliii. 51), 
 but after his time the number appears again to 
 have been limited to seven. The following wood- 
 cut, taken from a denarius of the Coelian gens, of 
 which a drawing is given by Spanheim (De I'raest. 
 et Usu Numism. vol. ii. p. 85), represents on the 
 reverse an Epulo preparing a couch for Jupiter, ac- 
 cording to custom, in the Epulum Jovis. On it is 
 inscribed L. C:ddus vu V'ir Epul. 
 
 EQUITES. 
 
 393 
 
 I The Epulones formed a collegium, and were one of 
 the four great religious corporations at Rome ; the 
 other three were those of the Pontifices, Augures, 
 and Quindecemviri. (Dion. Cass. liii. 1, Iviii. 12; 
 Plin. Ep. X. 3 ; see Walter, Gcschiclite des Rom. 
 Redds, p. 183.) 
 EPULUM JOVIS. [Epulones.] 
 EQUI'RIA were horse-races, which are said 
 to have been instituted by Romulus in honour of 
 jMars, and were celebrated in the Campus Martins. 
 (Festus, s. t: ; Varro, Ling. Lai. vi. 13. MViUer.) 
 There were two festivals of this name ; of which 
 
 one was celebrated a. d. III. Cal. Mart., and the 
 other prid. Id. Mart. (Ovid, East. ii. 859 ; iii. 
 519.) If the Campus Martins was overflowed by 
 the Tiber, the races took place on a part of the 
 Mons Coelius, which was called from that circum- 
 stance the Martialis Campus. (Festus, s. v. iMart. 
 Cum pus.) 
 
 EQUITES. The institution of the E(|uites is 
 attributed to Romulus. Livy (i. 13) says that 
 Romulus formed three centuries of Equites, the 
 Ramnes, Titicnses, and Luares. He does not men- 
 tion the number of which these centuries consist- 
 ed ; but there can be little doubt that the 300 
 celeres, whom Romulus kept about his person in 
 peace and war (Liv. i. 15), were the same as the 
 three centuries of equites. Dionysius (ii. 13), 
 who does not speak of the institution of the equites, 
 says that the celeres formed a body-guard of 300, 
 divided into three centuries; and Pliny {H. N. 
 x.xxiii. 9) and Festus (s. v.) state expressly, that 
 the Roman equites were originally called celeres. 
 [Celeres.] 
 
 To the three hundred equites of Romulus, ten 
 Alban turmae were added by Tullus llostilius 
 (Liv. i. 30). As the tuma in the legion con- 
 sisted of 30 men, there is no reason for supposing a 
 different number in these turmae ; and the equites 
 would therefore, in the time of Tullus Hostilius, 
 amount to 600. Tarquinius Prisons, according 
 to Livy (i. 36), wished to establish some new cen- 
 turies of horsemen, and to call them by his own 
 name, but gave up his intention in consequence of 
 the opposition of the augur Attus Navius, and 
 only doubled the number of the centuries. The 
 three centuries which he added were called the 
 Ramnes, Titienses, and Luceres Posteriorcs. The 
 number ought therefore now to be 1200 in all, 
 which number is given in many editions of Livy 
 (/. <■.), but is not found in any MS. The number 
 in the MSS. is different, but the Florentine and 
 the Wormian have 1800, which has been adopted 
 by Grono\-ius, and appears the most probable. 
 Livy has apparently forgotten to mention that the 
 300 equites of Romulus were doubled on the union 
 with the Sabines; which Plutarch {Rom. 13. 20) 
 alludes to when he says that the Roman legion 
 contained 300 horsemen, and after the union with 
 the Sabines 600. 
 
 The complete organization of the equites Livy 
 (i. 43) attributes to Servius TuUius. He says that 
 this king fonncd {scripsit) 12 centuries of equites 
 from the leading men of the state {cx primurihus 
 civitaiis) ; and that he also made six centuries out 
 of the three established by Romulus. Thus, there 
 were now 18 centuries. As each of the 12 new 
 centuries probably contained the same number as 
 the six old centuries, if the latter contained 1800 
 men, the former would have contained 3600, and 
 the whole number of the equites would have been 
 5400. 
 
 The account, however, which Cicero {De Rep. 
 ii. 20) gives is quite dift'erent. He attributes the 
 complete organization of the equites to Tarquinius 
 Priscus. He agrees with Livy in saying that Tar- 
 quinius Priscus increased the number of the Ram- 
 nes, Titienses, and Luceres, b}' adding new cen- 
 turies under the name of Ramnes, Titienses, and 
 Luceres secumli (not, however, posteriorcs, as Livy 
 states ; compare Festus s. v. Sex Vestas) ; but he 
 differs from him in stating, that this king also 
 doubled their number after the conquest of the 
 
394 
 
 EQUITES. 
 
 EQUITES. 
 
 Aequi. Scipio, who is represented by Cicero as 
 giving this account, also says that the arrangement 
 of the equitcs, which was made by Tarquinius 
 Priscus, continued unchanged to his day (b. c. 
 129). The account, which Cicero gave of the 
 equites in the constitution of Servius Tullius, is 
 unfortunately lost, and tlic only words which re- 
 main are diiodcrifjiuti ce/isii maa.imo; but it is diffi- 
 cult to conceive in what way he represented the 
 division of the 18 centuries in the Servian consti- 
 tution, after he had expressly said that the orga- 
 nization of the body by Tarquinius Priscus had 
 continued unchanged to the time of Scipio. 
 
 Cicero also differs from Livy respecting the 
 number of the equites. Scipio states, according to 
 the reading adopted in all editions of the " De Re- 
 publica," that Tarquinius Priscus increased the 
 original number of the equites to 1200, and that 
 he subsequently doubled this number after the con- 
 quest of the Aequi ; which account would make 
 the whole number "2400. The MS., however, has 
 QOACCC, which is interpreted to mean mille ac 
 diuxntos; but instead of this, Zumpt {Ueber die 
 Romischen Ritler und den Ritterstand in Rom, 
 Beriin, 1840) proposes to read OoDCCC, 1800, 
 justly remarking, that such a use of ac never occurs 
 in Cicero. This reading would make the number 
 3()00, which Zumpt believes to have been the re- 
 gidar number of the equitcs in the flourishing 
 times of the republic. It appears, however, im- 
 possible to determine their exact number, though 
 there are strong reasons for belie^ang that it was 
 fixed ; whether we suppose it to have been 5400, 
 3(i00, or 2400. 
 
 Both authors, however, agree in stating that 
 each of the equites received a horse from the state 
 {etjuus jndjlicus), or money to purchase one, as well 
 as a sum of money for its annual support ; and that 
 the expense of its support was defraj-ed bj' the 
 oi'phans and unmarried females; since, says Nie- 
 buhr (Hh>i. of Rome, i. p. 461), "in a military 
 state it could not be esteemed mijust, that the 
 women and the children were to contribute largely 
 for those who fought in behalf of them and of the 
 commonwealth." According to Gains (iv. 27) the 
 purchase-money for a knight's horse was called acs 
 equestre, and its annual provision acs hordearium. 
 [Aes Hordearium.] The former amounted, ac- 
 cording to Livy (i. 43), to 10,000 asses, and the 
 latter to 2000 : but these sums are so large as to 
 be almost incredible, especially when we take into 
 account that 120 years afterwards a sheep was only 
 reckoned at 10, and an ox at 100 asses in the 
 tables of penalties. (Aul. Gell. xi. 1.) The correct- 
 ness of these numbers has accordingly been ques- 
 tioned by some modem writers, while others have 
 attempted to account for the largeness of the sum. 
 Niebuhr (i. p. 433) remarks that the sum was 
 doubtless intended not only for the purchase of the 
 horse, but also for its equipment, which would be 
 incomplete without a groom or slave, who had to 
 be bought and then to be mounted. Bockh (il/e- 
 trolog. Untersnch. c. 29) supposes that the sums of 
 money in the Servian census are not given in asses 
 of a pound weight, but in the reduced asses of the 
 first Punic war, when they were struck of the same 
 weight as the sextans, that is, two ounces, or one- 
 sixth of the original weight. [."Vs, p. 101.] Zumpt 
 considers that 1000 asses of the old weight were 
 given for the purchase of the horse, and 200 for its 
 annual provision; and that the original sum has 
 
 been retained in a passage of Varro (^equum publi- 
 cum mille assariurum, De Ling. Lid. viii. 71. ed. 
 Miiller). 
 
 All the equites, of whom we have been speak- 
 ing, received a horse from the state, and were in- 
 cluded in the 1 8 equestrian centuries of the Servian 
 constitution ; but in course of time, we read of 
 another class of equites in Roman history, who 
 did not receive a horse from the state, and were 
 not included in the 18 centuries. This latter class 
 is first mentioned by Livy (v. 7) in his account 
 of the siege of Veii, B. c. 403. He says that dur- 
 ing the siege, when the Romans had at one time 
 suffered great disasters, all those citizens who had 
 an equestrian fortune, and no horse allotted to them 
 (qiii/jus census eqwster erut, equi pulJici non erant), 
 volunteered to serve with their own horses ; and 
 he adds, that from this time equites first began to 
 serve with their own horses {turn primum cqtiis 
 merere equites coeperiiid). The state paid them 
 {certus nnmeriui aerii est assii/natus) as a kind of 
 compensation for serving with their own horses. 
 The foot soldiers had received pay a few years 
 before (Liv. iv. 59) ; and two years afterwards, 
 B. c. 401, the pay of the equites was made three- 
 fold that of the infantry. (Liv. v. 12 ; see Niebuhr, 
 ii. p. 439.) 
 
 From the year s. c. 403, there were therefore two 
 classes of Roman knights : one who received horses 
 from the state, and are therefore frequently called 
 eqiiif( s('qii(ij)ut/lieo (Cic.P/iU. vi. 5), and sometimes 
 Flca iimines or Trossuli, the latter of which, according 
 to Gottling, is an Etruscan word (Plin.//. Mxxxiii. 
 9 ; Festus, s. v. ; Gottling, Gcseh. der Rom. Stautsv. 
 p. 372), and another class, who served, when 
 they were required, with their own horses, but were 
 not classed among the 18 centuries. As they served 
 on horseback they were called equites; and, when 
 spoken of in opposition to cavalry, which did not 
 consist of Roman citizens, they were also called 
 equitcs Roman i ; but they had no legal claim to 
 the name of equites, since in ancient times this title 
 was strictly confined to those who received horses 
 from the state, as Pliny {H. N. xxxiii.) expressly 
 says, " Equitum nomen subsistebat in turmis 
 equorum publicoram." 
 
 But here two questions arise. Why did the 
 equites, who belonged to the 1 8 centuries, receive 
 a horse from the state, and the others not? and 
 how was a person admitted into each class respec- 
 tively ? These questions have occasioned much con- 
 troversy among modem writers, but the following 
 account is perhaps the most satisfactory: — 
 
 In the constitution of Servius Tullius all the 
 Roman citizens were arranged in different classes 
 according to the anu)unt of their property, and it 
 may therefore fiiirly bo presumed that a place in 
 the centuries of equites was determined by the 
 same qualification. Dionysius (iv. 18) expressly 
 says, that the equites were chosen by Servius out 
 of the richest and most illustrious families ; and 
 Cicero (De Rep. ii. 22) that they were of the 
 highest census (^cennu ma.rimo). Livy (i. 43) also 
 states that the twelve centuries fomied by Servius 
 Tullius consisted of the leading men of the state. 
 None of these writers, however, mention the pro- 
 perty which was necessary to entitle a person to a 
 place among the equites ; but it was probably of 
 the same amount as in the latter times of the re- 
 public, that is, four times that of the first class. 
 Every one therefore who possessed the requisite 
 
EyUITES. 
 
 ii-operty, and whose character was unblemished 
 for this latter qualification appears to have been 
 ...Iways necessary in the ancient times of the re- 
 lublic), was admitted amonc; the equites of the 
 ^iervian constitution; and it may be presumed that 
 he twelve new centuries were created in order to 
 nclude all those persons in the state who posses- 
 led the necessary qualifications. Niebuhr (//is?. 
 if Rome, i. p. 427, &c.), however, supposes that 
 ;he qualification of property was onlj- necessary for ; 
 
 : idmission into the twelve new centuries, and that • 
 ;he statement of Dionysius, quoted above, ought ] 
 to be confined to these centuries, and not applied 
 to the whole eighteen. He maintJiins that the 
 twelve centuries consisted exclusively of plebeians; 
 and that the six old centuries, which were incor- 
 porated by Servius into his comitia under the title 
 of the sex suffniyia, comprized all the patricians, 
 
 'independent of the amoimt of property, which they 
 
 I possessed. This account, however, does not seem to 
 rest on sufficient evidence ; and we have, on the 
 contrary, an express instance of a patrician, L. Tar- 
 quitius, B. c. 458, who was compelled on account 
 of his povert}' to serve on foot. (Liv. iii. 27.) 
 That the six old centuries consisted entirely of 
 
 ' patricians is most probable, since the plebeians 
 would cert<aiuly not have been admitted among the 
 equites at all till the Servian constitution ; and as 
 by this constitution new centuries were created, it 
 is not likely that any plebeians would have been 
 placed among the ancient six. But we have no 
 reason for supposing that these six centuries con- 
 tained the icliole body of patricians, or that the 
 twelve consisted enUrehi of plebeians. We may 
 suppose that those patricians, who belonged to the 
 six, were allowed by the Servian constitution to 
 continue in them, if they possessed the requisite 
 property ; and that all other persons in the state, 
 whether patricians or plcljeians, who possessed the 
 requisite property, were admitted into the 12 new 
 centuries. That the latter were not confined to 
 plebeians may be inferred from Livy, who saj's 
 that they consisted of the leading men in the state 
 (primores cir-itatis), not in the commonalty. 
 
 As vacancies occurred in the eighteen centuries, 
 the descendants of those who were originally en- 
 rolled succeeded to their places, whether plebeians 
 or patricians, provided they had not dissipated 
 their property; for Niebuhr goes too far when he 
 asserts that all vacancies were tilled up according 
 to birth, independent of any property qualification. 
 But in course of time, as population and wealth in^ 
 creased, the number of persons, who possessed an 
 equestrian fortune, also increased greatly ; and as 
 the number of equites in the 18 centuries was 
 limited, those persons, whose ancestors had not 
 been enrolled in the centuries, could not receive 
 horses from the st;ite, and were therefore allowed 
 the privilege of serving with their omi horses 
 amongst the cavaliy, instead of the infantry, as 
 they would otherwise have been obliged to have 
 done. Thus arose the two distinct classes of 
 equites, which have been already mentioned. 
 
 The inspection of the equites who received 
 horses from the state, belonged to the censors, who 
 had the power of depriving an eques of his horse, 
 and reducing him to the condition of an aerarian 
 (Liv. xxiv. 43), and also of giving the vacant 
 horse to the most distinguished of the equites 
 who had previously served at their own expense. 
 For these purposes they made during their censor- 
 
 EQUITES. 395 
 
 ship a public inspection, in the forum, of all the 
 knights who possessed public \iov^s (equitatum re- 
 coyiioscuiit, Liv. xxxix. 44 ; ecjuitum ventumis re- 
 co</twt,eurd, Valer. M.ix. ii. 9. § G). The tribes 
 were taken in order, and each knight was sum- 
 moned by name. Every one, as his name was 
 called, walked past the censors, leading his horse. 
 This ceremony is represented on the reverse of 
 some of the censorial coins, which have been pub- 
 lished by Spanheim {I)e Pniest. et Usii Nuinism. 
 vol. ii. p. lol. ed. Verburg) ; and which are copied 
 in the annexed woodcuts. The first is a denarius 
 of the Licinian gens, and is supposed by Spanheim 
 to have been stmck during the censorship of P. 
 Licinius Crassus, who was censor with Julius 
 Caesar. {Fast. Capitol; Cic. Fro Arch. 6; Plin. 
 H. IV. xiii. 5.) 
 
 The next is the reverse of one of the coins of 
 the emperor Claudius ; in which the emperor is re- 
 presented sitting, while a knight stands before him 
 leading his horse. The word censor is written 
 underneath, which title we know from Dion Cas- 
 sius (Uii. 18) was assumed by some of the emperors. 
 
 If the censors had no fault to find either with 
 the character of the knight or the equipments of 
 his horse, they ordered him to pass on (iraditc 
 eqiiuru, Valer. Max. iv. I. § 10); but if on the con- 
 trary they considered hira unworthy of his rank, 
 they struck him out of the list of knights, and de- 
 prived him of his horse (Liv. xxxix. 44) or ordered 
 him to sell it (Liv. xxix. 37; Valer. Max. ii. 9. 
 §6), with the intention no doubt that the person 
 thus degraded should refund to the state the 
 money which had been advanced to him for its 
 purchase. (Niebuhr, Hist, of Rome, i. p. 433.) At 
 the same review, those equites who had served the 
 regular time, and wished to be discharged, were 
 accustomed to give an account to the censors of the 
 campaigns in which they had served, and were 
 then dismissed with honour or disgrace, as they 
 might have deserved. (Plut. Fomp. c. 22.) 
 
 This review of the equites by the censors must 
 not be confounded with the Eijuitiim Traiisrectio, 
 which was a solemn procession of the body every 
 year on the Ides of Quintilis (July). The proces- 
 sion started from the temple of Mars outside the 
 
396 EQUITES. 
 
 city, and passed through the city over the forum, 
 and by the temple of the Dioscuri. On this occasion 
 the equites were always crowned with olive chap- 
 lets, and wore their state dress, the trabea, with 
 all the honourable distinctions which they had 
 gained in battle. (Dionys. vi. 13.) According to 
 Livy (i.x. 4()) this annual procession was first esta- 
 blished by the censors Q. Fabius and P. Decius, 
 B. c. 30-i ; but according to Dionysius (1. c.) it was 
 instituted after the defeat of the Latins near the 
 lake Regillus, of which an account was brought to 
 Rome bj' the Dioscuri. 
 
 It may be asked how long did the knight retain 
 his public horse, and a vote in the equestrian cen- 
 tury to which he belonged. On this subject we 
 have no positive information; but as those equites, 
 who served with their own horses, were only ob- 
 liged to serve for ten years {stipendia, (rrpaTeias) 
 under the age of 46 (Polyb. vi. 19. § 2), we may 
 presume that the same rule extended to those who 
 served with the public horses, provided they u-islicd 
 to give up the service. For it is certain that in 
 the ancient times of the republic a knight might 
 retain his horse as long as he pleased, even after 
 he had entered the senate, provided he continued 
 able to discharge the duties of a knight. Thus the 
 two censors, M. Livius Salinator and C. Claudius 
 Nero, in B. c. 204, were also equites (Liv. xxix. 
 37) ; and L. Scipio Asiaticus, who was deprived 
 t)f his horse by the censors in B. c. 185 (Liv. xxxix. 
 44), had hunself been censor in B. c. 191. This is 
 also proved by a fragment in the fomth book (c. 2) 
 of Cicero's " De Republica," in which he says, 
 equifaius, in fjuo suffrayia sunt etiam senatus; by 
 which he evidently means, that most of the senators 
 were enabled to vote at the Comitia Centuriata in 
 consequence of their belonging to the equestrian 
 centuries. But during the later times of the re- 
 public the knights were obliged to give up their 
 horses on entering the senate, and consequently 
 ceased to belong to the equestrian centuries. This 
 regulation is alluded to in the fragment of Cicero, 
 already referred to, in which Scipio says that many 
 persons w-ere anxious that a plebiscitum should be 
 passed, ordaining that the public horses shoidd be 
 restored to the state, which decree was in all pro- 
 bability passed afterwards ; since, as Niebuhr ob- 
 serves (i. p. 433, note 1016), "when Cicero makes 
 Scipio speak of any measiu'e as intended, we are 
 to suppose that it had actually taken place, but, 
 according to the information possessed by Cicero, 
 was later than the date he assigns to Scipio's dis- 
 course." That the greater number of the equites 
 equo publico, after the exclusion of senators from 
 the equestrian centuries, were young men, is proved 
 by a passage in the work of Q. Cicero, De Petitio7ie 
 Covsiilatus (c. 8). 
 
 The equestrian centuries, of which we have 
 hitherto been treating, were only regarded as a 
 division of the army ; they did not form a distinct 
 class or ordo in the constitution. The community, 
 in a pohtical point of view, was only divided into 
 patricians and plebeians ; and the equestrian cen- 
 turies were composed of both. But in the year 
 B. c. 123, a new class, called the Ordo Equestris, 
 was formed in the state by the Lex Sempronia, 
 which was introduced by C. Gracchus. By this 
 law all the judices had to be chosen from those 
 citizens who possessed an equestrian fortune. 
 (Plut. C. Gracch. 5; Appian, De Belt. Civ. i. 22; 
 Tac. Ann. xii. 60.) We know very little respecting | 
 
 EQUITES. j 
 
 the provisions of this law ; but it appears from the' 
 Lex Servilia repetundarum, passed 18 years after- 
 wards, that every person who was to be chosen judex 
 was required to be above 30 and under 60 years 
 of age, to have either an equus publicus, or to he 
 qualified by his fortune to possess one, and not to be 
 a senator. The nmnber of judices, who were re- 
 quired yearly, was chosen from this class by the 
 praetor urbaims. (Klenze, LexScrvilia, Berl. 182.5.) 
 
 As the name of equites had been originally ex- 
 tended from those who possessed the public horses 
 to those who served with their own horses, it now 
 came to be applied to all those persons who were 
 qualified by their fortune to act as judices, in which 
 sense the word is usually used by Cicero. Pliny 
 {fl, N. xxxiii. 7) indeed saj-s that those persons 
 who possessed the equestrian fortune, but did not 
 serve as equites, were only called judices, and that 
 the name of equites was always confined to the 
 possessors of the equi publici. This may have 
 been the correct use of the term ; but custom had 
 long since given the name of equites to the judices 
 chosen in accordance with the Lex Sempronia. 
 
 After the refoi-m of Sulla, which entirely de- 
 prived the equestrian order of the right of being 
 chosen as judices, and the passing of the Lex Au- 
 relia (b. c. 70), which ordained that the judices 
 shoidd be chosen from the senators, equites, and 
 tribuni aerarii, the influence of the order, says 
 Pliny, was still maintained by the publicani (Plin. 
 i/. A^.xxxiii. 8), or farmers of the public taxes. We 
 find that the publicani were almost alwaj's called 
 equites, not because any particular rank was neces- 
 sary in order to obtain from the state the farming 
 of the taxes, but because the state was not accus- 
 tomed to let them to any one who did not possess 
 a considerable fortune. Thus the publicani are 
 frequently spoken of by Cicero as identical with 
 the equestrian order {Ad Att. ii. 1. § 8). [Pub- 
 licani.] The consulship of Cicero, and the active 
 part which the knights then took in suppressing 
 the conspiracy of Catiline, tended still further to 
 increase the power and influence of the equestrian 
 order ; and " from that time," says Pliny {I. c.), 
 "it became a third body (corpus) in the state, and, 
 to the title of Senatus Populusque Romaiiits, there 
 began to be added Et Equestris Ordo." 
 
 In b. c. 67, a distinction was conferred upon 
 them, which tended to separate them still further 
 from the plebs. By the Lex Roscia Othonis, 
 passed in tluit year, the first fourteen seats in the 
 theatre behind the orchestra were given to the 
 equites (Liv. Epit. 99); which, according to Cicero 
 (pro jVIur. 19) and Velleius Paterculus (ii. 32), 
 was only a restoration of an ancient privilege ; 
 which is alluded to by Livy (i. 35), when he says 
 that special seats were set apart in the Circus 
 Maximus for the senators and equites. They also 
 possessed the right of wearing the Clavus Augus- 
 tus [Clavus, p. 242] ; and subsequently obtained 
 the privilege of wearing a gold ring, which was 
 originally confined to the equites equo publico. 
 
 The number of equites increased greatly under 
 the early emperors, and all persons were admitted 
 into the order, provided they possessed the requisite 
 property, without any inquiry into their character 
 or into the free birth of their father and grandfather, 
 which had always been required by the censors 
 under the republic. Property became now the 
 only qualification ; and the order in consequence 
 gradually began to lose all the consideration which 
 
EQUITES. 
 
 1 It had acquired during the later times of the re- 
 public. Thus Horace {Ep. i. 1. 58) says, with no 
 small degree of contempt, — 
 
 iSi quadringentis sex septem milia desunt, 
 Plebs eris. 
 
 Augustus formed a select class of equites, con- 
 sisting of those equites who possessed the property 
 of a senator, and the old requirement of free birth 
 up to the grandfather. He permitted this class to 
 wear the latus clavus (Ovid. Trist. iv. x. 35) ; 
 and also allowed the tribunes of the plebs to be 
 
 ■chosen from them, as well as the senators, and gave 
 them the option at the termination of their office to 
 remam in the senate or return to the equestrian 
 order. (Suet. Auc/. 40; Dion Cass. liv. 30.) This 
 
 'class of knights was distinguished by the special 
 title illustres (sometimes insiijnes and splendid'i) 
 
 ' equUes Romani. (Tacit. Ann. xi. 4, with the note of 
 Lipsius.) 
 
 The formation of this distinct class tended to 
 lower the others still more in public estimation. 
 In the ninth year of the reign of Tiberius an at- 
 tempt was made to improve the order by requiring 
 
 ■ the old qualifications of free birth up to the grand- 
 father, and by strictly forbidding any one to wear 
 the gold ring unless he possessed this qualification. 
 This regulation, however, was of little avail, as the 
 emperors frequently admitted freedmen into the 
 equestrian order. (Plin. //. N. xxxiii. 8.) When ! 
 private persons were no longer apjjointed judices, 
 the necessity for a distinct class in the community, 
 
 ' like the equestrian order, ceased entirelj- ; and the 
 
 ■ gold ring came at length to be worn by all free 
 ! citizens. Even slaves, after their manumission, 
 
 were allowed to wear it by special permission from 
 
 ■ the emperor, which appears to have been usually 
 ' granted provided the patronus consented. (Dig. 40. 
 
 tit. 10. s. 3.) 
 
 Haidng thus traced the historj' of the equestrian 
 order to its final extinction as a distinct class in 
 the community, we must now return to the equites 
 equo publico, who formed the 18 equestrian cen- 
 turies. This class still existed during the latter 
 years of the republic, but had entirely ceased to 
 serve as horse-soldiers in the army. The cavalry 
 of the Roman legions no longer consisted, as in the 
 time of Polybius, of Roman equites, but their place 
 was supplied by the cavalrj' of tlie allied states. 
 It is evident that Caesar in his Gallic wars 
 possessed no Roman cavalry. (Caes. liell. Gall. 
 1. 15.) When he went to an intcr\4ew with 
 Ariovistus, and was obliged to take cavalry with 
 him, we are told that he did not dare to trust his 
 safety to the Gallic cavalrj^, and therefore mounted 
 his legionary soldiers upon their horses. (Id. i. 42.) 
 The Roman equites are, however, frequently men- 
 tioned in the Gallic and civil wars, but never as 
 common soldiers ; they were officers attached to the 
 staff of the general, or commanded the cavalry of 
 the allies, or sometimes the legions. (Id. vii. 70 ; 
 Bell. Civ. i. 77, iii. 71, &c.) 
 
 After the year B. c. 50, there were no censors in 
 the state, and it would therefore follow that for some 
 years no review of the body took place, and that 
 the vacancies were not filled up. When Augustus, 
 however, took upon himself, in B. c. 29, the prae- 
 fectura momm, he frequently reviewed the troops 
 of equites, and restored, according to Suetonius 
 {Aug. 38), the long-neglected custom of the solemn 
 procession (transvectio) ; by which we are probably 
 to understand that Augustus connected the review 
 
 EQUITES. 3,07 
 
 of the knights [rccognitio) with the annual proces- 
 sion (iransveciiu) of the 15th of Ju\y. From this 
 time these equites formed an honourable corps, 
 from which all the higher officers in the army 
 (Suet. Aug. 38; Claud. 25) and the chief magis- 
 trates in the state were chosen. Admission into 
 this body was equivalent to an introduction into 
 public life, and was therefore esteemed a great pri- 
 Wlege ; whence we find it recorded in inscriptions 
 that such a person was efjuo jniblico hoyioratus, 
 crornatus, &c. by the emperor. (Orelli, Inscrip. 
 No. 3457. 313. 122!).) If a young man was not 
 admitted into this body, he was excluded from all 
 civil offices of any importance, except in municipal 
 towns; and also from all rank in the army, with 
 the exception of centurion. 
 
 All those' equites, who were not employed in 
 actual service, were obliged to reside at Rome 
 (Dion. Cas. lix. 9), where they were allowed to 
 fill the lower magistracies, which entitled a person 
 to admission into the senate. They were divided 
 into six turmae, each of which was commanded by 
 an officer, who is frequently mentioned in inscrip- 
 tions as Sevir cquitum Rom. turmae 1. 11. <Scc., or 
 commonly Sevir turmae or Sevir turmarum equitum 
 Romanoruni. From the time that the equites be- 
 stowed the title of principes juventutis upon Caius 
 and Lucius Caesar, the grandsons of Augustus 
 (Tacit. Ann. i. 3 ; Monum. Ancyr.), it became the 
 custom to confer this title, as well as that of Sevir, 
 upon the probable successor to the throne, when 
 he first entered into public life and was presented 
 with an equus publicus. (Capitol. M. Anion. Phil. 
 6 ; Lamprid. Commod. 1.) 
 
 Coin of Comjiodus. (See Spanh. De Praesi. el 
 Usu Numism. vol. ii. p. 3G4.) 
 
 The practice of filling all the higher offices in 
 the state from these equites appears to have con- 
 tinued as long as Rome was the centre of the 
 government and the residence of the emperor. 
 They are mentioned in the time of Sevenis (Gru- 
 ter, Inscrip. p. 1001. 5 ; Papinian in Dig. 29. tit. 
 1. s. 43), and of Caracalla (Gi-uter, p. 379. 7) ; and 
 perhaps later. After the time of Diocletian, the 
 equites became only a city guard, under the com- 
 mand of the Praefectus Vigilum ; but they still re- 
 tained in the time of Valentinianus and Valens, 
 A. D. 364, the second rank in the city, and were 
 not subject to corporal punishment. (Cod. Theodos. 
 6. tit. 36.) 
 
 The preceding account of the equites has been 
 principally taken from the essay of Zumpt already 
 referred to ; to which, and to the valuable work of 
 Marqiiardt, Historiae Equitum Romanorum lihri 
 iv. Berlin, 1840, the reader is referred for a fuller 
 
398 
 
 "EPANOI. 
 
 'EPn'TIA. 
 
 explanation of tliose points which have been neces- 
 sarily treated with l)i-evity in this article. Respect- 
 ing the Mwihtci- Eqidtum, see Dictator, p. 338. 
 
 EQUULKUS or ECULEUS was an instru- 
 ment of torture, which is supposed to have been 
 so called because it was in the form of a horse. We 
 have no description of its form given by any of 
 the ancient writers, but it appears not to have 
 differed greatly from the crux. (Cic. Pro Mil. c. 
 21, compared with carta cruoi, c. 22.) It appears 
 to have been commonly used at Home in tjiking 
 the evidence of slaves. (See Sigonius, Dc Judiciis, 
 iii. 17; Magius, De E(imdcu, in Sallengre's Nov. 
 Thcsuur. A/it. Rom. vol. ii. p. 1"211, &c.) 
 
 "EPANOI, were clubs or societies, established 
 for charitable or convivial puqioses, or for both. 
 They were very common at Athens, and suited 
 the temper of the people, who were both social and 
 generous. The tcnn epavos, in the sense of a con- 
 vivial party, is of ancient date. (Hom. Od. i. 22G.) 
 It resembled our picnics, or the German pikeniks, 
 and was also called ^iiirvov air& aitvpihos or airo 
 avfiSoXaiv : where every guest brought his own 
 dish, or (to save trouble) one was deputed to cater 
 for the rest, and was afterwards repaid by contri- 
 butions. [AErHNON.] The clubs tliat were 
 formed at Athens used to dine together at stated 
 periods, as once a month ; and every member was 
 bound to pay his subscription, wliicli (as well as 
 the society itself) was called epauos, and the mem- 
 bers epaviarai. If any member failed to pay, the 
 sum was made up by the president, ^pavapxV's, also 
 called T:Ky)pwr-f\s ipavov, who afterwards recovered 
 it, if he could, from the defaulter. IWripovv egavov 
 often means simply, to pay the subscription, as 
 Xeiireiv or iKKe'iirav, to make default. (Demosth. 
 c. Aphoh. 821; c. Mid. 5i7; c. Arising. 776.) 
 
 There were also associations under this name, 
 for the purpose of mutual relief, resembling in 
 some degree our friendly or benetit societies; but 
 with this essential diUcrencc, that the relief which 
 they ati'orded was not (as it is with us) based upon 
 any calculation of natural contingencies, but was 
 given joro re natu, to such poor members as stood 
 in need of it. The Athenian societies do not ap- 
 pear to have kept up a common fund by regular 
 subscriptions, though it is probable that the sum 
 which each member was expected to advance, in 
 case of need, was pretty well understood. If a 
 man was reduced to poverty, or in distress for 
 money for any cause, he applied to the members 
 of his club for assistance ; this was called <ruA- 
 A6761!' fgavov : those who advanced it were said 
 eqavi^eiv avT<p : the relief was considered as a 
 loan, repayable by the borrower when in better 
 circumstances. Isacus {Dc Ihujn. Harcd. 294) 
 reckons among the assets of a person, e'l igdvwv 
 d(J)A.rj|UaTa eiaumqayixiva, from which we may 
 infer, that each contributor was entitled to recover 
 the sum he had lent. For the recovery of such 
 loans, and for the decision of other disputes, there 
 were egavmal h'lKm, in which a summary and 
 equitable kind of justice was administered. Plato 
 {Legg. xi. p. 915) disapproved of lawsuits in such 
 matters, and would not allow them in his republic. 
 
 Salmasius contends that wherever the terra 
 fgavos is a]iplird to an established society, it means 
 only a convivial club, and that there were no re- 
 gular associations for the purposes of charity ; but 
 others have held a diiferent opinion. (See Salmas. 
 De Usuris, c. 3 ; Obs. ad jus Alt. et Rom. and 
 
 I Herald. Animadv. in Salman., referred to in Meier's 
 At/. J'roc. p. 540.) It is not probable that many 
 pennanent societies were formed with the sole 
 view of feasting. We know that at Athens, as 
 well as in the other Grecian republics, there were 
 clubs for various purposes, political as well as 
 social ; the members of which would naturally 
 meet, and dine together at certain periods. Such 
 were the religicnis companies (Si'atroi), the commer- 
 cial (iiJ.TrogiKai), and some others. (Rdckh, Pol. 
 Earn. ,,/AtIiriis, i. p. :!2!!, 329.) Unions of this 
 kind were called by the general name of iraigtai, 
 and were often converted to mischievous ends, 
 such as bribery, overawing the public assembly, 
 or influencing courts of justice. (Thucyd. iii. 82 ; 
 Demosth. I)e Coroti. 329 ; Thiriwall, Gr. Hist. vol. 
 iv. p. 36.) In the days of the Roman empire 
 friendly societies, under the name of egavoi, were 
 frequent among the Greek cities, but were looked 
 on with suspicion by the emperors as leading to 
 political combinations. (Plin. Ep. x. 93, 94.) The 
 i/ilds, or fraternities for mutual aid, among the an- 
 cient Saxons, resembled the (oavoi of the Greeks. 
 (Turner's I/isl. of the Aiujlo-Sa^nnis, iv. 10.) Com- 
 pare also the ayairal, or love-feasts of the early 
 Christians. 
 
 The word igavos is often used metaphorically, to 
 signify any contributions or friendly advance of 
 money. [C. R. K.] 
 
 ERGA'STULUM was a private prison attached 
 to most Roman fanns, called career rusticus by 
 Juvenal (xiv. 24), where the slaves were made to 
 work in chains. It appears to have been usually 
 under ground, and according to Columella (i. G) 
 ought to be lighted by narrow windows, which 
 should be too high from the ground to be touched 
 by the hand. The slaves confined in an ergastu- 
 lum were also employed to cultivate the fields in 
 chains. (Plin.i'/.A''.xviii.7.§4;Flor.iii. 19.) Slaves 
 who had displeased their masters were punished 
 by imprisonment in the ergastulum ; and in the 
 same place all slaves, who could not be depended 
 upon or were barbarous in their habits, were regu- 
 larly kept. A trustworthy slave had the care of 
 the ergastulum, and was therefore called ergastula- 
 riits. (Coluni. i. 8.) According to Plutarcli ( Tih. 
 Graecli. 8), these prisons arose in consequence of 
 the conquest of Italy by the Romans, and the 
 great number of barbarous slaves who were em- 
 ployed to cultivate the conquered lands. In the 
 time of Hadrian and Antoninus, many enactments 
 were made to ameliorate the condition of slaves; 
 and among other salutary measures, Hadrian abo- 
 lished the ergastula, which must have been liable 
 to great abuse in the hands of tyrannical masters. 
 (Spart. Hadrian, 18, compared with Gaius, i. 53.) 
 For further infonnation on the subject, see Bris- 
 sonius, Atdi</. Select, ii. 9 ; Lipsius, Elect, ii. 15. 
 Opera, vol. i. p. 317, &;c. ; Giittling, Gesch. der 
 Rom. Staatsv. p. 135. 
 
 ERI'CIUS was a military engine, full of sharp 
 spikes, which was placed by the gate of the camp 
 to prevent the approach of the enemy. (Caes. Bell. 
 Civ. iii. 67 ; SaUust, ajwarf. Non. xviii. 16 ; Lipsius, 
 Poliorcet. v. 4.) 
 
 'EPn'TIA or 'EPnTl'AIA was the most solemn 
 of all file festivals celebrated in the Boeotian town 
 of Thespiae. It took place every fifth year, and 
 in honour of Eros, the principal divinity of the 
 Thespians. Respecting the particulars nothing is 
 known, except that it was solemnized with contests 
 
ESSEDA. 
 
 'ETMOAni'AAI. 
 
 399 
 
 music and gymnastics. (Plut. Erot. ix. 1 ; Pans. 
 .31. § 3 ; Atheii. xiii. p. SCI.) The worship 
 f Eros seems to have been established at Tliespiae 
 vfrom the earliest times ; and the ancient symljolic 
 I representation of tlie god, a rude stone {apyos 
 \'i6os), continued to be looked upon with particular 
 ■ reverence even when sculpture had attained the 
 highest degree of perfection among the Greeks. 
 (Paus. ix. 27. § 1 ; compare Schol. ad Pind. Oli/mp. 
 vii. 154.) [L. S.] 
 
 'EPTKTH"PE2 was the name given to the 
 Spartan slaves who followed their masters to the 
 wars, and who appear to have been in course of 
 time manumitted. The name is supposed by Mul- 
 ler to have been given to them in allusion to their 
 duty of drawing (epvKfiv) the wounded from the 
 ranks. (Athen. p. 271. F. ; MiiUer, Dor. iii. 3. 
 § 2-) 
 
 'ESOITTPON. [Speculum.] 
 
 ESSEDA'RII. [EssEnuM.] 
 
 E'SSEDA, or E'SSEDUM (from the Celtic 
 -Ess, a carriage, Ginzrot, i. p. 377), the name of 
 a chariot used, especially in war, by the Britons, 
 the Gauls, and Belgae (Virg. Geory. iii. 204 ; Ser- 
 vius, ad toe); and also by the Germans (Pars. vi. 
 47). 
 
 According to the account given by Caesar {Bell. 
 Gall. iv. 33), and agrecablj' to the remarks of Dio- 
 dorus Siculus (v. 21, 2.0), the method of using the 
 I essedum in the ancient British army was very 
 ' similar to the practice of the Greeks in the heroic 
 ages, as described by Homer, and in the article 
 ; CURRUS, p. 309, 310. The principal difference 
 seems to have been that the essedum was stronger 
 1 and more ponderous than the Si(ppos, that it was 
 I open before instead of behind; and that in conse- 
 quence of these circumstances and the width of 
 tlie pole, the owner was able, whenever he pleased, 
 to run along the pole (</(■ iemone Dritanno crcidd, 
 Juv. iv. 125), and even to raise himself upon the 
 yoke, and then to retreat with the greatest speed 
 into the body of the car, which he drove with ex- 
 traordinary swiftness and skiU. It appears also 
 that these cars were purposely made as noisy as 
 possible, probably by the creaking and clanging of 
 the wheels {strepitu rularum, Caes. L c. ; compare 
 Tacit. Acjric. 35 ; Essetla mulluionora, Claud. Ejiig. 
 iv.); and that this was done in order to strike dis- 
 may into the enemy. The formidable British war- 
 riors who drove these chariots, the " car-borne " of 
 Ossian, were called in Latin essedarii. (Caes. B. G. 
 iv. 24 ; Cic. ad Fam. vii. 6.) There were about 
 4000 of them in the army of Cassibelaunus. (Caes. 
 B. G. V. 19.) Having been captured, they were 
 sometimes exhibited in the gladiatorial shows at 
 Rome, and seem to have been great favourites with 
 the people. (Sueton. Ciiliij. 35 ; Claud. 26.) They 
 must liave held the highest rank in the armies of 
 their own country; and Tacitus {Agric. 12) ob- 
 serves that the driver of the car ranked above his 
 fighting companion, which was the reverse of the 
 Greek usage. 
 
 The essedum was adopted for purposes of con- 
 venience and luxury among the Romans. (Propert. 
 ii. 1. 76.) Cicero (^Phil. ii. 24) mentions the use 
 of it on one occasion by the tribune of the people 
 as a piece of extravagance ; but in the time of 
 Seneca it seems to have been much more common ; 
 for he [Epist. 57) reckons the sound of the " essedae 
 transcurrentes " among those noises which did not 
 distract him. As used by the Romans, the esse- 
 
 dum may have differed fnmi the cisium in this; 
 that the cisium was drawn by one horse (see wood- 
 cut, p. 234), the essedum always by a pair. The 
 essedum must have been similar to the CoviNus, 
 except that the latter had a cover. [J. Y.] 
 
 EVI'CTIO. If the purchaser of a thing was 
 by legal means deprived of it {evieied), the seller 
 was bound to make good the loss {ci^iciio?iem 
 pruestare). If the seller knew that he was selling 
 what was not his own, this was a case of 
 dolus, and he was bound in case of eviction to 
 make good to the purchaser all loss and damage 
 that he sust;uned. If there was no dolus on the 
 part of the seller, he was simply bound to make 
 good to the purchaser the value of the thing at 
 the time of eviction. It was necessary for the 
 purchaser to neglect no proper means of defence, 
 when an attempt was made to evict him ; and it 
 was his duty to give the seller notice of the ad- 
 verse claim {lilcm det/uiiciure), and to pray his aid 
 in defence of the action. The stipulatio duplae 
 was usual among the Romans ; and, in such case, if 
 the purchaser was evicted from the whole thing, 
 he might by virtue of his agreement demand from 
 the seller double its value. (Dig. 21. tit. 2.) [G. L.] 
 
 'ETMOAni'AAI, the most distinguished and 
 venerable among the priestly families in Attica. 
 They were devoted to the service of Demeter at 
 Athens and Eleusis, and were said to be the de- 
 scendants of the Thracian bard Eumolpus, who, 
 according to some legends, had introduced the 
 Eleusinian mysteries into Attica. (Diod. Sic. i. 29; 
 ApoUod. Bildioth. iii. 1 5. sect. 4 ; Demosth. c. 
 Neacr. 1384, &c.) The high priest of the Eleu- 
 sinian goddess [UpoipdpTns or iJ.v(naywy6s), who 
 conducted the celebration of her mysteries and the 
 initiation of the mystae, was always a member of 
 the family of the Eumolpidae, as Eumoipus him- 
 self was believed to have been the first hierophant. 
 (Hesych. s. ik Ei)|CtoA7ri'Soi : Tacit. Hist. iv. 83 ; 
 Arnob. Clemens Alex. Protnpt.) In his external 
 appearance the hierophant was distinguished hy a 
 peculiar cut of his hair, a kind of diadem ((rrprf- 
 <pMv), and a long purple robe. ( Arrian. j« Epictet. 
 iii. 21 ; Plut. Altib. 22.) In his voice he seems 
 always to liave affected a solemn tone suited to 
 the sacred character of his office, which he held for 
 life, and which ol)liged him to remain unmarried. 
 (Paus. ii. 14. § 1.) The hierophant was attended 
 by four 4m/x€AT]Tai, one of whom bkewise belonged 
 to the family of the Emnolpidae. (Harpocrat. and 
 Suidas, s. V. ^E-!rifj.e\r]Tal rwv ixv(TTr)pio3V. ) Other 
 members of their family do not seem to have had 
 any particular functions at the Eleusinia, though 
 they undoubtedlj' took part in the great procession 
 to Eleusis. The Eumolpidae had on certain occa- 
 sions to offer up prayers for the welfare of the 
 state, and in case of neglect they might be taken 
 to account and punished; for they were, like all 
 other priests and magistrates, responsible for their 
 conduct, and for the sacred treasures entrusted to 
 their care. (Aoschin. c. Ctesiph. p. 56. Steph. ; 
 compare 'ET0T'NH.) 
 
 The Eumolpidae had also judicial power in cases 
 where religion was violated (irtpi diT(€elas, De- 
 mosth. c. Androt. p. 601). This power probably 
 belonged to tliis family from the earliest times, and 
 Solon as well as Pericles do not seem to have made 
 any alteration in this respect. Whether this re- 
 ligious court acted independent of the archon king, 
 or under his guidance, is uncertain. The law 
 
400 
 
 'ETnATPI'AA 
 
 'ETnATPl'AAI. 
 
 according to which they pronounced their sentence, 
 and of which they had the exclusive possession, 
 was not written, but handed down by tradition; 
 and the Eumolpidae alone had the right to inter- 
 pret it, whence they are sometimes called i^TjyjiTai. 
 ['EHHTHTAI'.] in cases for which the law had 
 made no provisions, they acted according to their 
 own discretion. (Lj'sias, c. Andocid. p. 204 ; 
 Andocid. Dc Afi/si. p. 57-) Respecting the mode 
 of proceeding in these religious courts nothing is 
 known. (Hetfter, Ailien. Gerkhtsverf. p. 405, <Scc.; 
 Platner, Process, ii. p. 147, &e.) In some cases, 
 when a person was convicted of gross violation of 
 the public institutions of his country, the people, 
 besides sending the offender into exile, added a 
 clause in their verdict that a curse should be pro- 
 nounced upon him by the Eumolpidae. (Plut. 
 Alcilj. 22 ; Com. Nep. Alcib. 4, 5.) But the 
 Eumolpidae could pronounce such a curse only at 
 the command of the people, and might afterwards 
 be compelled by the people to revoke it and purify 
 the person whom they had cursed before. (Plut. 
 Aleih. 3.3 ; Com. Nep. Aki/>. 6. 5.) [L. S.] 
 
 EVOCA'TI were soldiers in the Roman army, 
 who had served out their time and obtained their 
 discharge [inissio), but had voluntarily enlisted 
 again at the invitation of the consul or other com- 
 mander. (Dion. xlv. 12.) There appears always 
 to have been a considerable number of evocati in 
 every anny of importance ; and when the general 
 was a favourite among the soldiers, the number of 
 veterans who joined his standard would of course be 
 increased. The evocati were doubtless released, like 
 the vexillarii, from the common military duties of 
 fortifying the camp, making roads, &c. (Tacit. .,4 )in. 
 i. 3()), and held a higher rank in the army than 
 the common legionarj' soldiers. They are some- 
 times spoken of in conjunction with the equitcs 
 Romani (Caes. Bell. Gall. vii. 65), and sometimes 
 classed with the centurions. (Caes. Bell. Civ. i. 
 17.) They appear to have been frequently pro- 
 moted to the rank of centurions. Thus Pompey 
 induced a great many of the veterans, who had 
 served under him in former years, to join his stan- 
 dard at the breaking out of the civil war, by the 
 promise of rewards and the command of centuries 
 (orditmm, Caes. Bell. Civ. i. 3). All the evocati 
 could not, however, have held the rank of cen- 
 turions, as we read of two thousand on one occasion 
 (/6. iii. 88), and of their belonging to certain co- 
 horts in the anny. Cicero {ail Fam. iii. 6. § 5) 
 speaks of a Pnwfectus cvocalurum. (See Cic. ad 
 Fam. XV. 4. § 3 ; Caes. Bell. Civ. iii. 91 ; Suet. 
 Aug. 56 ; Lipsius, De Milit.Rom. i. 8.) 
 
 The name of evocati was also given to a select 
 body of young men of the equestrian order, who 
 were appointed by Domitian to guard his bed- 
 chamber. (Suet. Dom. 10.) This body is suj)- 
 posed by some writers to have existed under the 
 succeeding emperors, and to have been the same 
 as those who are called Evocati A ugusti. (Hyginus, 
 de Lim. p. 209 ; Orelli, Inscrij^ No. 3495. 153.) 
 
 'ETnATPl'AAI (descended from noble ances- 
 tors) is the name by which in early times the 
 nobility of Attica was designated. Who the 
 Eupatridae originally were has been the subject of 
 much dispute ; but the opinion now almost uni- 
 versally adopted is, that they were the noble Ionic 
 or Hellenic families who at the time of the Ionian 
 migration settled in Attica, and there exercised 
 the power and influence of an aristocracy of war- 
 
 riors and conquerors, possessing the best parts of 
 the land, and commanding the services of a numer- 
 ous class of dependents. (Thirl wall. Hist, of Greece, 
 i. p. 115, &c.; Wachsmuth, Helhn. Alterth. i. i. 
 p. 230, &c.) The chiefs who are mentioned as 
 kings of the several Attic towns, before the organi- 
 zation of the country ascribed to Theseus, belonged 
 to the highest or ruling class of the Eupatridae ; 
 and when Theseus made Athens the seat of go- 
 vernment for the whole country, it must have been 
 chiefly these nobles of the highest rank, that left 
 their former residences and migrated to Athens, 
 where, after Theseus had given up his royal pre- 
 rogatives and divided them among the nobles, they 
 occupied a station similar to that which they had 
 previously held in their several districts of Attica. 
 Other Eupatridae, however, who either were not 
 of the highest rank, or were less desirous to exer- 
 cise any direct influence upon the government, 
 remained in their foiiner places of residence. 
 (ThirlwaU, lb. ii. p. 8.) In the division of the 
 inhabitants of Attica into three classes, which is 
 ascribed to Tlieseus, the Eupatridae were the first 
 class (Plut. Thcs. 25), and thus fonned a compact 
 order of nobles, united by their interests, rights, 
 and privileges. The first, or at least the most 
 ambitious among them, undoubtedly resided at 
 Athens, where they enjoyed nearlj' the same privi- 
 leges as they had before the union in the separate 
 townships of Attica. They were in the exclusive 
 possession of all the civil and religious oflices in 
 the state, ordered the affairs of religion, and in- 
 terpreted the laws human and divine. (MUller, 
 Dor. ii. 2. § 15.) The king was thus only the 
 first among his equals, only distinguished from 
 tliem b}' the duration of his office (Schomaim, De 
 Ciiniit. p. 4. transl.); and the four kings of the 
 phylae {(pv\oSa(TL\e7s), wlio were chosen from the 
 Eupatridae, were more his colleagues than his 
 counsellors. (Pollux, viii. 1 11.) The kingly power 
 was in a state of great weakness; and, while the 
 overbearing influence of the nobles, on the one 
 hand, naturally tended gradually to abolish it 
 altogether, and to establish a purely aristocratical 
 government in its stead (Hennann, Pol. Ant. of 
 Greece, § 102), it produced, on the other hand, 
 efi'eets which threatened its own existence, and at 
 last led to the entire overthrow of the herediUiry 
 aristocracy as an order : for the commonalty, 
 which had likewise gained in strength by the 
 union of all the Attic townships, soon began to 
 feel the oppression of the aristocracy, which in 
 Attica produced nearly the same effects as that of 
 the patricians at Rome. The legislation of Draco 
 seems to have arisen out of the growing discontent 
 of the commonalty with the oppressive rule of the 
 nobles (Thiriwall, lb. ii. p. 18, &c.); Imt his at- 
 tempts to remedy the evil were more calculated to 
 intimidate the people than to satisfy them, and 
 could consequently not have any lasting results. 
 The disturbances which, some years after, arose 
 from the attempt of Cylon, one of the Eupatridae, 
 who tried to overthrow the aristocratical govem- 
 ment and establish himself as tyrant, at length led 
 to the legislation of Solon, by which the political 
 power and influence of the Eupatridae as an order 
 was broken, and property instead of birth was 
 made the standard of political rights. (Aristot. 
 Polil. ii. 9 ; Dionys. Hal. Ant. Rom. ii. 8 ; Aelian, 
 V. H. y. 13.) But as Solon, like all ancient 
 legislators, abstained from abolishing any of the 
 
•ETSrNH. 
 
 'ETST'NH. 
 
 401 
 
 religious institutions, those families of the Bupa- 
 itridae in wliich certain priestly offices and func- 
 vtions were liereditary, retained these distinctions 
 , down to a very late period of Grecian history. 
 (Wachsmiith, Helleii. Alterth. i. 1. p. 152 ; com- 
 pare Schomann, Aiitijj. Jur. piihl. Oraec. p. 1()'7, 
 '/kc, and p. 77, Hic.) [h. S.] 
 
 EURI'PUS. [AMI'iriTHEATRUM, p. 43.] 
 'ETQTAIKI'A. [AI'KH. p. 336.] 
 "ETeXNOI. ['ET0T'NH.], 
 'ET0T'NH. All public officers at Athens, 
 ■N|H'cially generals, ambassadors (Demosth. and 
 Aoschin. Dc Falsa Lci/.), the archons and their 
 issessors, the diaetetiie, priests and priestesses 
 ■(Aeschin. c. Ctesiph. p. 5(i. Steph.), the secretaries 
 if the state (Lysias, c. Nicomach.), the superin- 
 Iciidents of public buildings, the trierarchs, and 
 even the senate of the Five Hundred and the 
 members of the Areopagus, were accountable for 
 .their conduct and the numner in which they ac- 
 tpiitted themselves of their official duties. The 
 ijudges in the popular courts seem to have been 
 |the only authorities who were not responsible 
 j(Aristoph. Vesp. S4() ; Hudtwalcker, Von den 
 Dkieiet. p. 32); for they were themselves the re- 
 jpresentatives of the people, and would therefore, 
 |in theory, have been responsible to themselves. 
 This account, which officers had to give after the 
 time of their office was over, was called evBuvt) : 
 and the officers subject to it, uirivQvvoi. Every 
 , public officer had to render his account within 
 thirty days after the expiration of his office 
 (Harpocrat. Phot, and Suid. s. v. Aoyiffrai and 
 EiSBvvoi); and as long as this duty was not fultilled, 
 ^the whole property of the ex-officer was in bondage 
 ito the state (Aeschin. c. Ctesiph. p. 5G. Steph.) : 
 ;he was not allowed to travel bej'ond the frontiers 
 :,of Attica, to consecrate any part of his property as 
 a donarium to the gods, to make his will, or to 
 pass from one family into another by adoption ; no 
 public honours or rewards, and no new office 
 ;ould be given to him. (Aeschin. and Demosth. 
 De Coro«. and c. Tim. 747.) If within the stated 
 period an officer did not send in his account, an 
 ;iction, called dKoy'iov m' dKoyias Si'ktj, was brought 
 against him. (Pollux, viii. 54; Hesych. Suid. Etym. 
 Mag. s. ^AKoyiov Si'kt;.) At the time when 
 xn officer submitted to the evBvvTj, any citizen had 
 the right to come forward and impeach him. Those 
 who, after having refused to submit to the evBvvri, 
 also disobeyed the summons to defend themselves 
 before a court of justice, thereby forfeited their 
 rights as citizens. (Demosth. c. Mill. p. 542.) 
 
 It will appear from the list of officers subject to 
 the euthyne, that it was not confined to tliose 
 whose office was connected with the administration 
 5f the public money, or any part of it; but in many 
 cases it was only an inriuiry into the manner in 
 which a person had behaved himself in the dis- 
 charge of his official duties. In the former case 
 the scrutiny was conducted with great strictness, 
 IS the state had various means to check and con- 
 trol the proceedings of its officers ; in the latter, 
 ;he euthyne may in many instances have been no 
 more than a personal attendance of the ex-officer 
 liefore the representatives of the people, to see 
 whether any charge was brought against him. 
 When no accuser appeared, the officer was honour- 
 vbly dismissed (eirio-TjjUoiJ'etrflai, Demosth. Da 
 Coron. 310). After an officer had gone through the 
 ^uthjTie, he became avtvBvvoi. (Pollux, viii. 54.) 
 
 The officers before whom the accounts were 
 given were in some places called evBvvoi or Koynr- 
 ral, in others eJeTatTTai' or irvvi^yopoi, (Aristot. 
 Polit. vi. 5. p. 213. ed. Gocttling.) At Athens we 
 meet with the first two of these names, and both 
 are mostly mentioned together ; but how far their 
 functions differed is very uncertain. Some gram- 
 marians (Etymol. Magn. and Phot. s. v. Euflwoi) 
 state that XoyiaraL was the name of the same offi- 
 cers who were formerly called fUBvfot. ]5nt from 
 the manner in whicfi the Greek orators speak of 
 them, it can scarcely be doubted that their func- 
 tions were distinct. From the authorities referred 
 to by Riichk {StaataL i. p. 205, &c., comjjare ii. p. 
 201, and in the li/u'in. Mas. 1827, vol. i. p. 72, 
 &c. ), it seems, moreovet, clear that the office of 
 the AoyitrTOi, though closely connected with that 
 of the (vBvvoi, was of greater extent than that of 
 tlie latter, who appear ratlier to have been the 
 assessors of the former, than a totally distinct class 
 of officers, as will be seen hereafter. All accounts 
 of those officers who had anything to do with the 
 public money were, after the expiration of their 
 office, first sent in to the Xoyiarai, who examined 
 them, and if any difficulty or incorrectness was dis- 
 covered, or if charges were brought against an ex- 
 officer within the period of 30 days, the further in- 
 quiry devolved upon the eiiBvvoi, before wliom the 
 officer was obliged to appear and plead his cause. 
 (Hermann, Pvlit. Ardiq. of Greece, § 154. 8.) If 
 the (vBvvoi found that the accounts were unsatis- 
 factory, that the officer had embezzled part of the 
 public money, that he had accepted l)ribes, or that 
 charges brought against him were well founded, 
 they referred the case to a C(nirt of justice, for 
 which the Xoyitnai appointed the judges by lot, 
 and in this court their herald proclaimed the ques- 
 tion who would come forward as accuser. (Aeschin. 
 c. Cteaipli. p. 57. ed. Steph ; Etymol. Magn. s. v. 
 KvBvva; Bekker, yl «cciW. p. 24.5. G.) The place 
 where the court was held was the same as that to 
 which ex-officers sent their accounts to be examined 
 by the Koyiarai., and was called Xoyiffr'^pMV. 
 (Andocid. De Miisi. p. 37 ; Lys. c. Pob/strat. p. 
 672.) It can scarcely be doubted that the etfSurai 
 took an active part in the trials of tlie Koyia- 
 Tripwv: but whether they acted only as the asses- 
 sors of the XoyuTTai.^ or whether they, as Pollux 
 states, exacted the embezzled sums and fines, in- 
 stead of the practores, is uncertain. The number 
 of the ftiBvvoi, a^ well as that of the Xoyirrral, was 
 ten, one being taken from every tribe. (Phot. s. v. 
 EvBuvos, and Ilarjjrocrat. s. v. AoyiiTTa't.) The 
 XoyiaTai were a|ipointed by the senate, and chosen 
 by lot ; whether the fiiBvvoi were likewise chosen 
 by lot is uncertain, for Photius uses an expression 
 derived from K:\^pos (lot), while Pollux (viii. 9,0) 
 states that the ^eidvvot wpocraipovvTai, scil. to?s 
 \oyi(Trais, were like the assessors of the archons ; 
 the latter account, however, seems to be more con- 
 sistent and more probable. Every etiBwos had two 
 assessors (iropeSpoi). (See Biickh, Slaatxh. t. c. ; 
 Tittmann, Griech. Staaisv. p. 323, &c. ; Hermann, 
 Polit. Aritiq. of Greece, § 154 ; Schomann, Antiij. 
 jur. pM. Grace, p. 239, &c.) 
 
 The first traces of this truly democratic institu- 
 tion are generally found in the establishment of 
 the archonship {d-pxri virivBvvos) instead of the 
 kingly power, by the Attic nobles (Paus. iv. .5. 4). 
 It was from this state of dependence of the first 
 magistrates upon the order of the nobles that, in 
 
 2 D 
 
402 'EHAlPE'SEnS AI'KH. 
 
 'EEHrHTAI'. 
 
 the course of time, the regular euth3'ne arose. Simi- 
 lar institutions were established in several other 
 republics of Greece. (Arist. Polit. vi. 5 ; Wachs- 
 muth, Hellen. Altcrtli. i. 1. p. 192.) [L. S.] 
 
 'EHArnrH"2 AI'KH, a suit of a public nature, 
 which might be instituted against one, who, assum- 
 ing to act as the protector {Kvpms) of an Athenian 
 woman, married her to a foreigner in a foreign 
 land. This was contrary to law, intemiarriage 
 with aliens being (as a general rule) prohibited. 
 In the speech of Demosthenes against Timocrates 
 (7G;i), he is charged with having sold his sister to 
 a Corcyrean, on pretence of giving her in marriage. 
 (Meier, AU. Proc. p. ."JSO.) [C. R. K.] 
 
 'EHAIPE'2En2 AI'KH. This was an action 
 brought to recover damages for the attempt to de- 
 prive the plaintiff of his slave ; not where the de- 
 fendant claimed a property in the slave, but where 
 he asserted him to be a freeman. As the condition 
 of slavery at Athens incapacitated a man to take 
 any legal step in his own person, if a reputed slave 
 wished to recover his rights as a freeman, he coidd 
 only do it by the assistance of one who was him- 
 self a freemaji. He then put himself inidcr the 
 protection of such a person, who was said e|aipei(r- 
 6ai or d<paipe7a6ai avTov els i\ev6ep'iav, in lUjer- 
 tateni vindicare. If the master sought to reclaim 
 him, he proceeded to take manual possession, 
 &yetv avTov eh SovKeiav. A nmaway slave might 
 at any time be seized by his master, either in the 
 open street or elsewhere, except in a sanctuary. If 
 the friend or person who liarboured the slave meant 
 to contest the master's right, the proper course was 
 to go with hira before the magistrate, and give 
 security for the value of the slave and costs, in 
 case a court of law should decide against him. The 
 magistrate who took cognizance of the cause was 
 the archon, where a man claimed to be a citizen ; 
 the polemarch, where he claimed to be an alien 
 freeman. It was the duty of the archon or pole- 
 march, to set the man at liberty pcndeiifc lite. In 
 the suit that followed, the plaintiff had to prove 
 his title to the ownership of the slave, and, if suc- 
 cessful, obtained such compensation as the jury 
 chose to award ; this being a ti/iujtos d7coc, and 
 half of the ri/irj^ta being given to the state. (De- 
 mosth. c. Theocr. 1328.) A verdict for the plain- 
 tiff drew with it, as a necessary co)isequence, the 
 adjudication of the ownership, and he would be 
 entitled to take possession of his slave immediately: 
 if, however, the slave had escaped in the mean- 
 time, and evidence of such fact were produced, the 
 jury would probably take that into consideration 
 in estimating the damages. 
 
 If the friend, in resisting the capture of the 
 slave, had used actual violence, lie was subject to a 
 6iK77 fiiaiav. And if the soi-disant master had 
 failed in the i^. Si'kij, the injured partj' might 
 maintjiin an action against hira for the attempted 
 seizure. (Lys. c. Panel, 734, &c., with Reiske's 
 note; Demosth. c. Neaer. 1358; Ilarpocr. s. v. 
 'E^aipicreus, and 'A76( : Meier, Jtt. Proc. p. 394.) 
 
 In a speech of Isocrates {Trupez. 301), the de- 
 fendant, a banker, from whom it is sought to re- 
 cover a deposit, is charged with having asserted 
 the freedom of his own slave, in order to prevent 
 Lis being examined by torture respecting the sum 
 of money deposited in his hands. This is remark- 
 able on two accounts: first (as Meier observes), 
 because it seems to prove that one not the owner 
 of the slave could bring the e|. Si'ki), if he had an 
 
 interest in the matter; secondly, because it was 
 optional with a man to give up his slave to the 
 toi'ture or not, the refusal being only matter of ob- 
 servation to the jury; and therefore it appears 
 strange that any one should have recourse to a 
 measure, the result of which ( if successful) would 
 be, to deprive him of his property. [C. R. K.] 
 
 EXAUCTORA'TIO. [Missio.] 
 
 EXAUGURA'TIO is the act of changing a 
 sacred thing into a profane one, or of taking away 
 from it the sacred character which it had received 
 by inauguratio, consecratio, or dedicatio. That 
 such an act was performed by the augurs, and 
 never without consulting the pleasure of the gods 
 by augurium, is implied in the name itself. (Liv. 
 
 i. 55, V. 54 ; Dionys. Hal. Antuj. Bom. iii. p. 202, 
 ed. Sylburg ; Cato. ap. Fest. s. v. Nequitium.) 
 Temples, chapels, and other consecrated places, as 
 well as priests, were considered as belonging to thf 
 gods. No consecrated place whatever could be 
 applied for any profane purpose, or dedicated tc 
 any other divinity than that to which it originallj 
 belonged, without being previously exaugiu^ted 
 and priests could not give up their sacred func- 
 tions, or (in case they were obliged to live in ceU- 
 bacy) enter into matrimony, without first mider 
 going the process of exauguratio. (Gellius, vi. 7 
 4 ; Jul. Capitol. M. Anton. Phitos. c. 4.) [L. S."- 
 
 EXCE'PTIO. [Actio, p. 9.] 
 EXCU'BIAE. [Castra, p. 205.] 
 EXCUBITO'RES, which properly meani 
 watchmen or sentinels of any kind (Caes. Bell 
 Gall. vii. G9), was the name more particularly 
 given to the soldiers of the cohort who guarde( 
 the palace of the Roman emperor. (Suet. Ncr. 8 
 0th. 6.) Their commanding officer was callec 
 trilmnus eacubiiur. (Suet. Ctaml. 42 ; Nrr. 9. 
 When the emperor went to an entertaiimient a 
 the house of another person, the excubitores ap- 
 pear to have accompanied him, and to have kep 
 guard as in his own palace. (Suet. Oth. 4.) 
 EXEDRAE. [Gymnasium ; House.] 
 'EHHrHTAI' (interpreters; on this and othe 
 meanings of the word see Rhunken, (ul Tinuu 
 O'loamr. p. 109, &c.) is the name of the Eumol 
 pidae, by which they were designated as the inter 
 preters of the laws relating to religion and of th 
 sacred rites. (Demosth. Emrg. p. 1160.) ['El 
 IVIOAni'AAI.] They were thus at Athens th 
 only class of persons who, in some measure, resen 
 bled the Roman jurists; but the laws, of which tli 
 f^VyriTal were the interpreters, were not writte 
 but handed down by tradition. Plutarch (The 
 25) applies the term to the whole order of th 
 Eupatridae, though properly speaking it belonge 
 only to certain members of their order, i. e. t\ 
 Emnolpidae. The Etymologicum Magn. (s. i'.), i 
 accordance with the etymological meaning of tl. 
 word, states, that it was applied to any interpreti 
 of laws, whether sacred or profane ; but we knc 
 that at Athens the name was principally applied 1 
 three members of the family of the Eumolpid; 
 (Suidas, s. v.), whose province it was to interpn 
 tlie religious and ceremonial laws, the signs in tl 
 heavens, and the oracles ; whence Cicero (Dc i(, 
 
 ii. 27) calls them n'li</ionu7n interprdcs. (Conipa. 
 Pollux, viii. 1 24 and 'l 88 ; Plato, Eutyphr. p. 4. D 
 They had also to perform the public and priva 
 expiatory sacrifices, and were never appointi 
 without the sanction of the Delphic oracle, whem 
 they were called U.v66xpi\OToi. (Timacus, Glussa 
 
'EEETA2TAI'. 
 
 EXHIBENDUM, ACTIO AD. 403 
 
 . r. 'E|7)7t;toi : compare Meier, De limiis Dammil. 
 
 1. 7 ; MiiUer, ad Aeschyl. Emnen. p. 1()'2, iScc.) 
 The name e(;i)yi)Tns was also applied to those 
 
 )ersons who served as guides (cicerone) to the 
 
 fisitors in the most remarkable towns and places 
 
 )f Greece, who showed to strangers the curiosities 
 
 if a place, and explained to them its history and 
 mtiquities. (Paus. i. 41. § 2.) 
 
 Respecting the i^t\yT\Tr)S of the laws of Lycur- 
 fus at Sparta, see MiiUer, Dor. iii. 11.2. [L. S.] 
 , 'E=ErrTA~20AI. ['ErrrH.] 
 I EXERCITO'RIA ACTIO was an action 
 (jranted by the edict against the exercitor navis. 
 38y the term navis was understood any vessel, 
 .whether used for the navigation of rivers, lakes, 
 iirthe sea. The exercitor navis is the person to 
 'vhom all the ship's gains and earnings (otecw- 
 iones ci reditus) belong, whether he is the owner, 
 ir has hired the ship from the o^vner for a time 
 lefinite or indefinite. The magister navis is he 
 vho has the care and management of the ship, 
 ^md was appointed {pruepositus) by the exercitor. 
 The exercitor was bound generally by the con- 
 racts of the magister, who was his agent, but with 
 ?.his limitation, that the contract of the magister 
 nust be with reference to furthering the object for 
 vhich he was appointed ; as, for instance, if he 
 :mrchased things useful for the navigation of the 
 ,hip, or entered into a contract or incurred ex- 
 lense for the ship's repairs, the exercitor was 
 Dound by such contract : the terms of the master's 
 !;ppointment { praeposiiio) accordingly determine 
 i he rights of third parties against the exercitor. 
 l.f the magister, being appointed to manage the 
 ihip and to use it for a particular purpose, used it 
 'or a diiferent purpose, his employer was not bomid 
 '■yy the contract. If there were sevend magistri, 
 vith undivided powers, a contract with one was 
 ihe same as a contract with all. If there were 
 everal exercitores, who appointed a magister 
 !ither out of their own number or not, they were 
 severally answerable for the contracts of the 
 nagister. The contracting party might have his 
 .iction either against the exercitor or the magister, 
 ■ io long as the magister continued to be such. 
 • A party might have an action ex delicto against 
 in exercitor in respect of the act either of the 
 nagister or the sailors, but not on the contract of 
 he sailors. If the magister substituted a person 
 n his place, though he was forbidden to do so, the 
 exercitor would still be bound by any proper con- 
 ract of such person. 
 
 The term Nauta properly applies to all persons 
 vho are engaged in navigating a ship ; but in the 
 .^raetor's Edict (Dig. 4. tit. 9. s. 1 ) the term Nauta 
 neans Exercitor (qui uavem excrcet). 
 
 (Dig. 14. tit. I ; Peckius, in Titt. Dig. et Cod. 
 d Rem Nauiicani pertiiientes Comment. ; Abbott 
 m Sliippinrj, Index, Ejccrcitor Navis.) [G. L.] 
 
 EXE'RCITUS. [Army.] 
 
 'EHETA2TAI' were commissioners sent out by 
 he Athenian people to ascertain whether there 
 vere as many mercenaries as the generals re- 
 lorted. It appears to have been no uncommon 
 )lan for the commanders, who received pay for 
 roops, to report a greater number than they pos- 
 essed, in order to receive the pay themselves ; in 
 vhich case they were said " to draw pay for 
 ■mpty places in the mercenary force " {fiiadocpopeii' 
 \V ^eviKCf Kevais xwp«'s, Aeschin. c. Ctes. p. 
 >'36). The commissioners, however, who were 
 
 sent to make enquiries into the matter, often 
 allowed themselves to be bribed. (Aeschin. c, 
 Timardi. p. 131, Dc Fats. Laj. p. 33!) ; Biickh, 
 I'uU. Earn, nf Allu-us, i. p. 389.) This name was 
 also probably given to commissioners who were ap- 
 pointed to investigate other matters. 
 EXHERES. [Heres.] 
 EXHIBENDUM, ACTIO AD. This action 
 was introduced mainly with respect to vindica- 
 tiones or actions about property. " Exhibere" is 
 defined to be " facere in publico potcstatem, ut ei 
 qui agat experiundi sit copia." This was a per- 
 sonal action, and he had the right of action who 
 intended to bring an actio in rem. The actio ad 
 exhibendum was against a person who was in 
 possession of the thing in question, or had fraudu- 
 lently parted with the possession of it ; and the 
 object was the production of the thing for the pur- 
 pose of its being examined by the plaintilF. The 
 thing, which was of course a movable thing, was 
 to be produced at the place where it was at the 
 commencement of the legal proceedings respecting 
 it ; but it was to be taken to the place where the 
 action was tried, at the cost and expense of the 
 plaintiff. 
 
 The action was extended to other cases : for in- 
 stance, to cases when a man claimed the privilege 
 of taking his property off another person's land, 
 that other person not being legally bound to restore 
 the thing, though bound by this action to allow 
 the owner to take it ; and to some cases where a 
 man had in his possession something in which his 
 own and the plaintiff's property were united, as a 
 jewel set in the defendant's gold, in which case 
 there might be an actio ad exhibendum for the 
 pui-pose of separating the things. 
 
 If the thing was not produced when it ought to 
 have been, the plaintiff might have damages for 
 loss caused by such non-production. This action 
 would lie to produce a slave in order that he might 
 be put to the torture to discover his confederates. 
 
 The ground of the right to the production of a 
 thing was either property in the thing or some in- 
 terest ; and it was the business of the judex to 
 declare whether there was sufficient reason {junta 
 et probaUlis causa) for production. The word 
 " interest" was obviously a word of doubtful import. 
 Accordingly, it was a question if a man could bring 
 this action for the production of his adversary's 
 accounts, though it was a general rule of law that 
 all persons might have this action who had an in- 
 terest in the thing to be produced (ijuorum in- 
 terest) ; but the opinion as given in the Digest 
 (Dig. 10. tit. 4. s. 19) is not favourable to the 
 production on the mere ground of its being for the 
 plaintiff's advantage. A man might have this 
 actio though he had no vindicatio ; as, for instance, 
 if he had a legacy given to him of such a slave as 
 Titius might choose, he had aright to the production 
 of the testator's slaves in order that Titius might 
 make the choice ; when the choice was made, then 
 the plaintiff" might claim the slave as his property, 
 though he had no power to make the choice. If a 
 man wished to assert the freedom of a slave {in 
 libertatcm vindicare), he might have this action. 
 
 This action was, as it appears, generally in aid 
 of another action, and for the purpose of obtaining 
 evidence ; in which respect it bears some resem- 
 blance to a Bill of Discovery in Equity. 
 
 (Miihlenbruch, Dudriiut Pandectarum ; Dig. 10. 
 tit. 4.) [G. L.] 
 
 ■2 D 2 
 
40-1 'EHnMI'2. 
 
 'EHITH'PIA, or 'EnEEO'AIA, are the names of 
 the sacrifices which were offered by generals before 
 they set out on their expeditions. (Xenoph. 
 vi. 5. § 2.) The principal object of these sacrifices 
 always was to discover from the accompanying 
 signs the favom^ble or imfavourable issue of the 
 undertaking on which they were about to enter. 
 According to Hesychius, i^iT-qpia was also the name 
 of the day on which the annual magistrates laid 
 down their offices. [L. S.] 
 
 EXO'DIA ('E|J5ia, from €| and 6S6s) were 
 old-fashioned and laughable interludes in verses, 
 inserted in other plays, but chiefly in the Atel- 
 lanae. (Liv. vii. 2.) It is difficult to ascertain 
 the real character of the exodia; but from the words 
 of Livy we must infer that, although distinct from 
 the Atellanae, thej' were closely connected with 
 them, and never performed alone. Hence Juvenal 
 calls them e.mdium Atellanae {Sat. vi. 71), and 
 Suetonius {Tib. 45) exodiuiii Atellanicuvi. They 
 were, like the Atellanae themselves, played by 
 young and well-bom Romans, and not by the 
 histriones. Since the time of Jos. Scaliger and 
 Casaubon, the exodia have almost generally been 
 considered as short comedies or farces which 
 were performed after the Atellanae ; and this 
 opinion is founded upon the vague and incorrect 
 statement of the Scholiast on Juvenal {Sat. iii. 
 174). But the words of Livy, exodia cotiseiia 
 fahellis, seem rather to indicate interludes, which, 
 however, must not be understood as if they had 
 been played between the acts of the Atellanae, 
 which would suggest a false idea of the AtcUanae 
 themselves. But as several Atellanae were per- 
 formed on the same day, it is probable that the 
 exodia were played between them. This supposi- 
 tion is also supported by the ptj-mologj' of the 
 word itself, which signifies something €| dSou, 
 extra viam, or something not belonging to the 
 main subject, and thus is synonjnnous with 67ret- 
 a6itov. The play, as well as the name of exodiura, 
 seems to have been introduced among the Romans 
 from Italian Greece ; but after its introduction it 
 appears to have become very popular among the 
 Romans, and continued to be played down to a 
 yeyy late period. (Sueton. Domit. 10.) [L. S.] 
 
 'EHnMl'2 was a dress which had only a sleeve 
 for the left arm, leaving the right with the shoul- 
 der and a part of the breast free, and was for this 
 reason called c.romis. It is also frequently called 
 XiTcif erepojuaffxaAos. (Phot, and Hesj'ch. s. v. 
 'Erepo/u. : Heliod. Aethiop. iii. 1 ; Paus. v. lb". § 2.) 
 The exomis, however, was not only a chiton 
 [Tunica], but also an l/xaTiov or Trepi'^Arj^uo. 
 [Pallium.] According to Hesychius (s. r. 'E|ai- 
 ju/'j), and Aelius Uionysius [up. Enstath. ad II. 
 xviii. 595), it served at the same time both the 
 purposes of a chiton and an hiniation ; but Pollux 
 (vii. 48) speaks of two dift'erent kinds of exomis, 
 one of which was a irepi'&Ai7/ua and the other a 
 X'Toii' erepojuacrxoAoj. His account is confirmed 
 by existing works of art. Thus we find in the 
 Mus. Pio-Clement. (vol. iv. pL 11), Hcphaestos 
 wearing an exomis, which is an himation thrown 
 round the body in the way in which this garment 
 was always worn, and which clotlies the body like 
 an exomis when it is girded round the waist. The 
 following figure of Charon, on the contrarj', taken 
 from Stackelberg, Die Griibcr dcr Hcllenen, 
 pi. 47, represents the proper X'''"'^'' (Tepofj.d(rxa- 
 Aos. 
 
 'EEflMOSl'A. 
 
 The exomis was usually worn by slaves and 
 working people (Phot. s. r. ; Schol. ad Aristoph. 
 Equit. 879), whence we find Hephaestos, the 
 working deity, frequently represented with this 
 gannent in works of art. (Miiller, Arch'dol. dn 
 Kiii/st. § 3C6. 6.) The chorus of old men in the 
 Lysistrata of Aristophanes (1. 6G2) wear the 
 exomis ; which is in accordance with the state- 
 ment of Pollux (iv. 118), who says that it was the 
 dress of old men in comic plays. 
 
 According to Aulus Gellius (vii. 12), the exomis 
 was the same as the common tunic without sleeves 
 {citra liumerum desinentcs) ; but his statement is 
 opposed to the accounts of all the Greek gram- 
 marians, and is without doubt en'oneous. (Becker. 
 C/iari/des, ii. p. 112, &c.) 
 
 'EHnMOSl'A. Any Athenian citizen when 
 called upon to appear as a witness in a court o) 
 justice (/cAijTfijeii' or iKKXriTfveiv, Pollux, viii. 37; 
 Aeschin. c. Timurch. p. 71), was obliged by law to 
 obey the summons, unless he could establish by 
 oath that he was unacquainted with the case in 
 question. (Demosth. DeFah. Ley. p. 396 ; c. Neaer. 
 p. 1354 ; c. Ajdmh. p. 850 ; Suidas, s.v. 'E|o^«J- 
 (TaaQai.) This oath was called i^infioaia, and the 
 act of taking it was expressed by f^ofivvaSai. 
 (Demosth. c.Sfejdi.i. p. 1119 ; c. Euhulid. p. 1317 
 Harpocrat.s.r.) Those who refused to obey the sum 
 mons without being able to take the h(,up.oala 
 incurred a fine of one thousand drachmae ; and if . 
 person, after promising to give his evidence, did ne 
 vertheless not appear when called upon, an actioi 
 called MnrofiapTvpiov, or fi\6.Sr\s SiVt;, might b' 
 brought against him by the parties who though 
 themselves injured by his having withheld hi 
 evidence. (Demosth. c. Timoth. p. 1190; Meiei 
 Att. Pruc. p. 387, &c.) 
 
 When the people in their assembly appointed 
 man to a magistracy or any other public offici 
 he was at liberty, before the SoKifiacria took placi 
 to decline the office, if he could take an oath tli;i 
 the state of his health or other circumstances rei; 
 dercd it impossible for him to fulfil the duties con 
 nectcd with it (i^ofivvaBat tjji/ apxriv, or ti) 
 
'EHOT'AHS AI'KH. 
 
 EXTRAORDINA'RII. 
 
 406 
 
 (ipoTovlav): and this oath was likewise called 
 lufioa'ia, or sometimes dTru/xoaia. (Demosth. De 
 al.i. Ley. p. 379; c. Timot/i. p. 1204 ; Aeschin. 
 >e Fah. Ley. p. '271 ; Pollux, viii. 5a; Etymol. 
 Iag..s-.»..) _ _ [L.S.J 
 
 EXOSTRA (e^wffrpa, from e^wfleco) was 
 ne of the many kinds of machines used in the 
 heatres of the ancients. Cicero {De Prov. Cons. 
 ), in speaking of a man who fomierly concealed 
 is vices, expresses this sentiment by post siparium 
 t elitabatur ; and then stating that he now shame- 
 'essly indulged in his vicious practices in public, 
 ays, jam in exosira heluatur. From an attentive 
 oiisideration of this passage, it is evident that the 
 xnstra was a machine by means of which things 
 vliich had been concealed behind the siparium, 
 vere pushed or rolled forward from behind it, and 
 Jius became visible to the spectators. This machine 
 ,was therefore very much like the eKKvK\r)fj.a, with 
 ;his distinction, that the latter was moved on 
 vVvheels, while the exostra was pushed forward upon 
 'rollers. (Pollux, iv. 1211; Schol. ad Aristoph. 
 Acharn. 375.) But both seem to have been used 
 For the same purpose ; namely, to exhibit to the 
 e} t s of the spectators the results or consequences 
 of such things — e. g. murder or suicide — as could 
 not consistently take place in the proscenium, and 
 were therefore described as having occurred behind 
 • the siparium or in the scene. 
 
 I The name exostra was also applied to a peculiar 
 ! kind of bridge, which was thrown from a tower of 
 I the besiegers upon the walls of the besieged town, 
 I and across which the assailants marched to attack 
 i those of the besieged who were stationed on the 
 , ramparts to defend the town. (Veget. De Re Milit. 
 iiv. 21.) [L. S.] 
 
 'EHOT'AHS AI'KH. The process so called in 
 ( Athenian law, seems to have been originally used 
 J as a remedy against those who wrongfidly " kept 
 ; others out" (e^dAKeiv, i^e'ipyew) of real property 
 which belonged to thoni. (llarpocr. s. i\ ; Pollux, 
 viii. 95 ; Butmann, Leui/. 2()(). transl.) The et}'- 
 mology of the word indicates this, and tlie speeches 
 of Demostlienes against Onetor fiunish an example 
 of it. ['EMBATEI'A.] 
 
 The SiKT) i^ovKTji, however, does not generally 
 appear in this simple shape, but rather as an " actio 
 rei judicatae," or an action consequent upon the 
 non-fidtilment of a judgment in a previous suit ; the 
 nature of which of course moditied the subsequent 
 proceedings. We will consider, firstly, the case 
 when the main action had reference to real pro- 
 perty. If a plaintiff was successful in an action of 
 this sort, and the defendant did not give up posses- 
 sion by the time appointed, two processes seem 
 to have been open to the former. Thus he might, 
 if he chose, proceed at once to tiike possession 
 (6|U§aT€uei>'), and if resisted, then bring his action 
 for ejectment (Etymol Magn. 'E|. Si'kt; ; Pollux, 
 viii. 59) ; or he might adopt a less summary pro- 
 cess, which, so far as we can understand the gram- 
 marians, was as follows : — If the property in ques- 
 tion, and which tlie defendant refused, after judg- 
 ment given, to surrender, was a house, the plaintiff 
 brought an action for the rent (SIktj iuoiKwv): if a 
 laiided estate(x'«'P'<»'),for the produce(Si'Kr) /cotpTrou). 
 If the defendant still kept possession, the next step 
 was a Si'fti) ovcrias, or an action for tlie proceeds of 
 all his property by way of indemnilication ; and, 
 after that, followed the Si'kt) 6|oJAi)s. (Harpocr. s. v. 
 'Ovaias SiKT) : Suidas, Kapirou Si'kt). ) The st;ite- 
 
 ment we have given from Hudtwalcker (p. 143) 
 rests mainly on its inherent probability, and the 
 authority of Suidas. Some grammarians, however, 
 do not represent the 5ik?) /capTroC, and the Si/crj 
 ova'tas, as consequent upon a previous action, Init 
 as the first steps taken before a SIkt] e£,ov\rjs 
 was commenced. For a probable explanation of 
 this, see 'ENOIKI'OT AI'KH. The question 
 now arises, what was done if the defendant re- 
 fused to give up possession, even after being cast 
 in the S'tKri e|ou'AT)s ? We are almost bound to sup- 
 pose, though we have no express authority for it, 
 that a plaintiff would, under such circumstances, 
 receive aid from the public authorities, to assist 
 him in ejecting the defendant ; but independent of 
 this, it appears from Aiidocides (Hep! ixvarqp'iuiv, 
 p. 10. Ill) that a defendant incurred the penalty 
 of drifiia if defeated in a Si'k-j) e|oi;A.7)s. 
 
 We will now explain the proceedings, when the 
 main action had no reference to real property: as 
 for example, the 6//cr) KaK7]yopias in which Meidias 
 allowed judgment to go by default (epifjurjc wtpAe), 
 and neglected or refused to pay the damages given 
 against him, so as to become virfgyjutpos. Demo- 
 sthenes (c. I\Tcv/. 540. 21), the plaintiff in the 
 case, says, that he might have seized upon Meidias's 
 property, by way of pledge, but that he did not do 
 so, preferring to bring a SIkt) e^ovXiqs at once. It 
 is of course implied in this statement, that if he 
 had attempted to make a seizure, and been resist- 
 ed, the same process would have been equally open 
 to liim. In fact, Ulpian (Demosth. c. Afeid. 528. 
 II) informs us that a SIkt) i^ovA-qs was the conse- 
 quence of such a resistance being nuide. More- 
 over, in cases of this sort, it was peculiarly a penal 
 action ; for the defendant, if cast, was required to 
 pay to the public treasm'y a fine of the same 
 amount as the damages (tj KOToSiKr)) due to the 
 plaintiff. (Demosth. c. Ahml. 528. 11.) Tlie penalty 
 of aTifua also was inflicted till both the fine and 
 damages were paid. Lastly, Pollux (viii. 59) in- 
 forms us, 61 6 jxev (is ituvrifx.ei'os dfj.<pi(TS7)T(i KTriixa- 
 Tos, 0 5e lis vvoBrjKTjv ex^y, t'^ouATjs rj Sikt), words 
 which to Hudtwalcker seem obsciu-e, but simply 
 mean that if one pers(ui claimed a property as 
 purchaser, and another as mortgagee, or as having 
 a lien upcui it, the dispute was settled by an 
 e^ouArjs SiKr). In such a case it would of course 
 be merely a civil action to try a right. 
 
 [R. W— N.] 
 
 EXPEDI'TUS is opposed to "impeditus" 
 (Plaut. Epid. i. I. 79), and signifies unincumbered 
 with armour or with baggage {impedimenta). 
 Hence the light-armed soldiers in the Roman army 
 (p. 95) were often called the Expediti (Festus, v. 
 Advelitatio) ; and the epithet was also applied to 
 any portion of the army, when the necessity for 
 haste, or the desire to conduct it with the greatest 
 fiicility from place to place, made it desirable to 
 leave behind every weight that could be spared. 
 (Cic.a./ XV. 4.) [J. Y.] 
 
 EXPLORATO'RES. [SpEcuL.iTORES.] 
 
 EXSE(2UIAE. [FuNus.] 
 
 EXSI'LIUM. [Banishment (Roman).] 
 
 EXSUL. [Banishment (Roman).] 
 
 EXTISPEX. [Haruspex.] 
 
 EXTRAORDINA'RII (interpreted by Poly- 
 bius and Suidas by the Greek word 'EiriAe/cToi, 
 selected), were the soldiers who were placed about 
 the person of the consul in the Roman army. They 
 consisted of about a third part of the cavalry and a 
 
406 FACTIONES AURIGARUM. 
 
 FALX. 
 
 fifth partof the infantryof the allies, and were chosen 
 by the prefects. (Polyb. vi. 28. p. 472. Casaub.) 
 Hence, for a legion of 4200 foot and 300 horse, 
 since the number of the infantry of the allies was 
 equal to that of the Roman soldiers, and their 
 cavalry twice as many, the inunber of extraordin- 
 arii would be ii40 foot and 200 horse, forming two 
 cohorts, whicliare mentioned by Livy (xxxiv. 47); 
 or, in an army of two legions, four cohorts (Liv. 
 xl. 27). 
 
 From the extraordinarii a body of chosen men 
 was taken to fonu a body-guard for the consul. 
 These were called ablcrti [diroAfKTOi). Their nmii- 
 ber is uncertain. Lipsius conjectures that tiiey 
 consisted of 40 out of the 200 cavalry, and IGii 
 out of the 840 infantry of the extraordinarii, 
 making the whole number of the ablecti in a con- 
 sular army 80 horse and 33() foot. (Lipsius JJc 
 Militia UuMa/ia, ii. 7, v. 3.) [P. S.] 
 
 F. 
 
 FABRI are workmen who make anything out 
 of hai'd materials, as /abri iiipiurii, carpenters, 
 fahri aemrii, smiths, &c. The different trades 
 were divided by Numa (Plut. Numa, 17) into 
 nine collegia, which correspond to our companies 
 or guilds. In the constitution of Sernus Tullius, 
 the fubri tvptarii (jeKrovis, Orelli, Inscrip. GO. 
 417. 3G!)0. 4080. 4088. 4184) and the fabri aem- 
 rii or ferrarii (xaA.icoTUiroi) were formed into two 
 centuries, which were caUed the centuriae fabrum, 
 and not fabrorum. (Cic. Orat. 40'.) They did not 
 belong to any of the five classes into which Servius 
 divided the people ; but the fubri iixjn. probably 
 voted with the first class, and the fabri (eer. with 
 the second. Livy (i. 43) and Uionysius (vii. 59) 
 name both the centuries together : the former saj's 
 that they voted with the first class ; the latter, 
 that they voted with the second. Cicero {Dc Hep. 
 ii. 22) names only one century of fabri, which he 
 says voted with the first class ; but as he adds the 
 word ti<;nuriorum, he must have recognized the 
 existence of the second centurj', which we suppose 
 to have voted with the second class. (Giittling, 
 Gesch. lU'r l&ni. Stuasiv. p. 249.) 
 
 The fabri in the anuy were under the command 
 of an officer called pnufetiis fabrum. (Caes. up. 
 Cic. ad All. ix. 8 ; lidl. Civ. i. 24 ; Veget. ii. 11.) 
 It has been supposed by some modem writei's that 
 there was a praefectus fabrum attached to each 
 legion ; and this may have been the case. No genuine 
 inscriptions, however, contain the title of praefectus 
 fabriini with the name of a legion added to it. 
 Tliere were also civil magistrates at Rome and in 
 the municipal towns, called praefecti fabrum ; but 
 we know nothing respecting them beyond their 
 name. Thus we find iu Gniter, Praef. Fauk. 
 RoMAE (407. 7), Praefectus Fabr. Caer.(235. 
 !).) The subject of the praefecti fabrum is dis- 
 cussed with great accuracy in a letter of Hagen- 
 buchius, published by OreUi {hacrip. vol. ii. p. 
 95, &c.). 
 
 FA'BULA PALLIA'TA. [Comoedia, p. 
 278.] 
 
 FA'BULA PRAETEXTA'TA. [Comoedia, 
 p. 278.] 
 
 FA'BULA TOGA'TA. [Comoedia, p. 278.] 
 FACTIO'NES AURIGA'RUM. [Circus, 
 p. 233.] 
 
 FALA'RICA. [Hasta.] 
 FALCl'DIA LEX. [Legatum.] 
 FALSUM. The crime of falsum was the sub 
 ject of a Judicium Publicum, and it was the objeci 
 of a Lex Cornelia (passed by Sulla), which Ciccn 
 also calls testamentaria and numaria(/7^ Verr. 'n 
 lib. 1. c. 42), with reference to the crimes which ii 
 was the object of the law to punish. The provisioni 
 of this lex are stated by Paulus (Setit. Recept. v 
 25. ed. Berl.), who also entitles it Lex Comcli; 
 testamentaria, to apply to any person "qui testamen- 
 turn quodve aliud instrumentum falsum sciens dole 
 malo scripserit, recitaverit, subjecerit, suppresserit. 
 amoverit, resignaverit, deleverit," &c. The punish- 
 ment was deportiitio in insulam (at least when 
 Paulus wrote) for the " honestiores ;" and the mines 
 or cracifixion for the " humiliores." In place ol 
 deportatio, the law probably contained the pmiish- 
 ment of the interdictio aquae et ignis. According 
 to Paulus the law applied to any instrament as 
 well as a will, and to the adulteration of gold and 
 silver coin, or refusing to accept in pajTiient ge- 
 nuine coin stamped with the head of the princcps. 
 But it appears from Ulpian (sub titulo de poena 
 legis CorneUae testamentariae) that these were sub- 
 sequent additions made to the Lex Conielia(Mos. d 
 Rum. Lcij. Coll. tit. 8. s. 7) by various senatus- 
 consulta. By a senatus-consultum, in the consul- 
 ship of Statilius and Taurus, the penalties of the 
 law were extended to the case of other than testa- 
 mentary instiTiments. It is conjectured that, for 
 the consulship of Statilius and Taurus, as it stands 
 in the text of Ulpian, we should read Statilius 
 Tauras, and that the consulship of Statilius Taurus 
 and L. S. Libo (a. d. 15) is meant. A subsequent 
 senatus-consultum, in the fomleenth year of Tibe- 
 rius, extended the penalties of the law to those who 
 for money undertook the defence of a (criminal?) 
 cause, or to procure testimony; and by a senatus-con- 
 sidtum, passed between the dates of those just men- 
 tioned, conspiracies for the ruin of innocent persons 
 were comprised within the provisions of the law. 
 Another senatus-consultum, passed A. D. 26, ex- 
 tended the law to those who received money for 
 selling, or giving, or not giving testimony. There 
 were probably other legislative provisions for the 
 purpose of checking fraud. In the time of Nero 
 it was enacted against fraudulent persons (falsarii), 
 that tabulae or written contracts should be pierced 
 with holes, and a triple thread passed through the 
 holes, in addition to the signature. (Suet. Nero, 
 c. 17 ; compare Paulus, Sciil. Rcccpl. v. tit. 25. s. 
 6.) In the time of Nero it was also provided that 
 the first two parts {ccrae) of a will should have 
 only the testator's signature, and the remaining 
 one that of the witnesses: it was also provided that 
 no man who wrote the will should give himself a 
 legacy in it. The provisions, as to adulterating 
 money and refusing to take legal coin in pajment, 
 were also made by senatus-consulta or imperial 
 constitutions. Allusion is made to the latter law 
 by Arrian (Epict. iii. 3). It appears from nmner- 
 ous passages in the Roman writers that the crime 
 of falsum in all its fonns was very common, and 
 especially in the case of wills, against which legisla- 
 tive enactments are a feeble security. (Heinecc. 
 Si)iita<jina.) [G. L.] 
 
 FALX, dim. FALCULA {afn^V, Spevafov, 
 pod. ZpiirdvTi, (liiii. Sfieirdi'iov), a sickle ; a scythe ; 
 a |)runing-knife, or pruuing-hook ; a bill ; a fal- 
 chion ; a halbert. 
 
FALX. 
 
 FALX, 
 
 407 
 
 As CuLTER denoted a knife with one straight 
 ?dge, " falx" signified any similar instrument, the 
 lingle edge of which was curved. (Apevavov fv- 
 icaiivfs, Horn. Od. xviii. 307 ; yafitf/ds Spevdfas, 
 Brunck, Ajtal. ii. 215 ; curvae /Idces, Virg. Ofory. 
 ■ . 508 ; curvamine falcis aenae, Ovid, Met. vii. 
 227 ; admtva fake, xiv. 628.) By additional 
 i;pithets the various uses of the falx were indicated, 
 • ind its corresponding varieties in fonii and size. 
 Thus the sickle, because it was used by reapers, 
 uvas called falx messoria ; the scythe, which was 
 ijmployedin mowing hay, was called ful.i: foe/iarm ; 
 the pruning-knife and the bill, on account of their 
 use in dressing vines, as well as in hedging and in 
 cutting off the shoots and branches of trees, were 
 I distinguished by the appellation of faU putaturia, 
 innitoria, arbomria, or silvatica (Cato, De Re Rust. 
 10, 11 ; Pallad. i. 43 ; Colum. iv. 25), or by the 
 liminutive yitWa. (Colimi. xii. 18.) 
 
 A rare coin published by Pellerin {Med. de Rois, 
 iPar. 176"2. p. 208) shows the head of one of the 
 '.Lagidae, kings of Egypt, wearing the Diadema, 
 and on the reverse a man cutting down com with 
 a sickle. (See woodcut.) 
 
 from the MSS. of Columella, and illustrates his 
 description of the various p;irts of the falx vinitoria. 
 (DeReRust.iw. 25. ]p. ed.Gesner.) [Cultek.] 
 The curvature in the fore part of the blade is ex- 
 pressed by Virgil in the phrase procurva falx. 
 (Georg. ii. 421.) In this form the bill must have 
 been used by hunters to cut their way through 
 thickets. (Grat. Cyneg. 343.) After the removiJ 
 of a branch by the pruning-hook, it was often 
 smoothed, as in modem gardening, by the chisel. 
 (Colum. jDe^lrior. 10.) [DoLABRA.] The edge 
 of the falx was often toothed or serrated ( apirrji/ 
 Kapxapuioina, Hesiod, Tlie.og. 174. 179 ; dentknr 
 lata, Colum. De Re Rust. ii. 21). The indispen- 
 sable process of sh;irpening these instruments 
 (apTTijc xapao^fffV^'''", Hesiod, Op. 573 ; dpirriv 
 (ma/MTrij V€u0riyia, ApoU. Rhod. iii. 1388) was 
 effected by whetstones which the Romans ob- 
 tained from Crete and other distant places, with 
 the addition of oil or water which the mower 
 (foenisex) carried in a horn upon his thigh. (Plin. 
 /f.iV. xviii. 67. 5.) 
 
 Numerous as were the uses to which the falx 
 was applied in agricidture and horticulture, its 
 employment in battle was almost equally varied, 
 though not so frequent. The Geloni were noted 
 for its use. (Claudian, De Laud. Slil. i. 110. ) It 
 was the weapon with which Jupiter wounded 
 
 Typhon (Apollod. i. 6) ; with which Hercules 
 slew the Lernaean Hydra (Eurip. Ion, 191); and 
 with which Mercury cut off the head of Argus 
 { falcato e/tse, Ovid, JMet. i. 718; harpeii Cijllenida, 
 Lucan, ix. 662 — 677). Perseus, having received 
 the same weapon from Mercury, or, according to 
 other authorities, from Vulcan, used it to decapi- 
 tate Medusa and to slay the sea-monster. (Apollod. 
 ii. 4 ; Eratosth. Cataster. 22 ; Ovid, Met. iv. 666. 
 720. 727 ; v. 69 ; Brunck, Anal. iii. 157.) From 
 the passages now referred to, we may conclude that 
 the falchion was a weapon of the most remote 
 antiquity ; that it was girt like a dagger upon the 
 waist ; that it was held in the hand by a short 
 hilt ; and that, as it was in fact a dagger or sharp- 
 pointed blade, with a proper falx projecting from 
 one side, it was thrust into the flesh up to this 
 lateral curvature (curvo tonus aUlidit liamo). In 
 the annexed woodcut, four examples are selected 
 from works of ancient art to illustrate its form. 
 One of the four cameos here copied represents 
 Perseus with the falchion in his right hand, and 
 the head of Medusa in his left. The two smaller 
 figures are heads of Saturn with the falx in its 
 original form ; and the fourth cameo, representing 
 the same divinity at full length, was probably en- 
 graved in Italy at a later period than the others, 
 
 but early enough to prove that the scythe was in 
 use amongst the Romans, whilst it illustrates the 
 adaptation of the symbols of Saturn ( Kpovos : 
 senex faldfer, Ovid, Fast. v. 627 ; in Iliin,2\G) 
 for the purpose of personifying Time (Xpo'cos), who, 
 in the language of an ancient epigram (Brunck, 
 Anal. iii. 281), destroys all things (m'P SpcTrav?;) 
 with the same scythq. (See Mariette, Traiti dcs 
 Rierrcs Gravies, t. ii. pi. 2, 3.) 
 
 If we imagine the weapon which has now been 
 described to be attached to the end of a pole, it 
 would assume the form and be applicable to all the 
 purposes of the modem halbert. Such must have 
 been the asseres falcati used by the Romans at 
 the siege of Ambracia. (Li v. xxxviii. 5 ; compare 
 Caes. Bell. Gall. vii. 22. 86; Q. Curt. iv. 19.) 
 [Aries ; Antenna.] Sometimes the iron head 
 was so large as to be fastened, instead of the ram's 
 head, to a wooden beam, and worked by men un- 
 der a testudo. (Veget. iv. 14.) 
 
 Lastly, the Assyrians, the Persians, the Modes, 
 
408 
 
 FAMILIA. 
 
 FAMILIAE ERCISCUNDAE ACTIO. 
 
 and the Syrians in Asia (Xen. Cyrop. vi. 1, 2 ; 
 Atiab. i. 8 ; Diod. Sic. ii. 5 ; xvii. 53 ; Polyb. v. 
 53 ; Q. Curt. iv. 9. \2, 13 ; AuI.Gell. v. 5; 1 Mace, 
 xiii. 2; Veget. iii. 24 ; Liv. xxxvii. 41), and the 
 Gauls and Britons in Europe [CoviNUs], made 
 themselves formidable on the lield of battle by the 
 use of chariots with scythes, fixed at right angles 
 (eij TrKdyiov) to tlie axle and turned downwards ; 
 or inserted parallel to the axle into the felly of 
 the wheel, so as to revolve, when the cliariot was 
 put in motion, with more than thrice the velocity 
 of the chariot itself ; and sometimes also projecting 
 from the extremities of the axle. [J. Y.] 
 
 FAMI'LIA. The word "familia" contains 
 the same clement as the word " famulus " a slave, 
 and the verb " famulari." In its widest sense it 
 signifies the totality of that which belongs to a 
 Roman citizen who is sui juris, and therefore a 
 paterfamilias. Thus, in the third kind of testa- 
 mentary disposition mentioned by Gaius (ii. 102), 
 the word " familia " is explained by the equivalent 
 " patrimonium ;" and the person who received the 
 familia from the testator (qui a tcstatore familiam 
 accipiebat mancipio) was called " familiae emptor." 
 In the same sense we find the expression " ercis- 
 cundae familiae." (Cic. Orai. i. Sti.) 
 
 But the word " familia " is sometimes limited to 
 signify " persons," that is, all those who are in the 
 power of a paterfamilias, such as his sons {filii- 
 fumiliiis), daughters, grandchildren, and slaves. 
 When " familia " is used in this sense, it is op- 
 posed to inanimate things ; and this seems to be 
 the sense of the word familia in the fonuula adopt- 
 ed by the " familiae emptor " on the occasion of 
 talcing the testator's familia by a fictitious purchase : 
 " Familiam pecuniamque tuam," &c. In another 
 sense " familia " signifies all the free persons who 
 are in the power of a paterfamilias ; and, in a more 
 extended sense of this kind, all those who are 
 agnati, that is, all who are sprung from a common 
 ancestor, and would be in his power if he were 
 living. [CoGNATi.] With this sense of familia is 
 connected the status familiae, by virtue of which a 
 person belonged to a particular familia, and there- 
 by had a capacity for certain rights which only the 
 members of the familia could claim. A person 
 who changed this status, ceased to belong to the 
 familia, and sustained a capitis diminutio minima. 
 [Adoptio, Caput.] Members of the same family 
 were " familiares ;" and hence familiaris came to 
 signify an intimate friend. Slaves who belonged 
 to the same familia were called, with respect to 
 this relatiop, familiares. (generally, " familiaris " 
 might signify any thing relating to a familia. 
 
 Sometimes " familia " is used to signify the 
 slaves belonging to a person (Cic. ad Div. xiv. 4 ; 
 ml Quint, ii. Epkt. b"); or to a body of persons 
 (socteto), in which sense they are sometimes op- 
 posed to liberti (Cic. Brut. 22), where the true 
 reading is " liberti." (Cic. ad Fain. i. 3.) 
 
 In the passage of the Twelve Tables which de- 
 clares that in default of any heres suus, the pro- 
 perty of the intestate shall go to the next agnatus, 
 the word "familia" signifies the property only: 
 "Agnatus proxinuis familiam liabeto." In the same 
 section in which Ulpian {Fru(/. tit. '26. 1 ) quotes 
 this passage from the Twelve Tables, he explains 
 agnati to be " cognati virilis sexus per mares de- 
 Bcendentes ejusdem familiae," where the word 
 " familia " comprehends only persons. (Dig. 50. 
 tit. 16. s. 195; 10. tit. 2.) 
 
 The word familia is also applied (iniproperiy) t( 
 sects of philosophers, and to a body of gladiators 
 in the latter sense with less impropriety. 
 
 A paterfamilias and a materf'amilias were re- 
 spectively a Roman citizen who was sui juris, anc 
 his laxvful wife. A filiusfamilias and a filiafami- 
 lias were a son and daughter in the power of ; 
 paterfamilias. The familia of a paterfamilias, ii 
 its widest sense, comprehended all his agnati ; th( 
 extent of which term, and its legal import, are ex- 
 plained under Cognati. The relation of familia: 
 and gens are explained under Gens. 
 
 The five following personal relations are alsc 
 comprehended in the notion of fiirailia : — ( 1 ) Ma- 
 nus, or the strict marriage relation between the 
 husband and wife ; (2) Servitus, or the relation ot 
 master and slave; (3) Patronatus, or the relation 
 of fonner master to fonner slave; (4) Maucipii 
 causa, or that intermediate state between servitus 
 and libertas, which characterized a child who was 
 mancipated by his father [Emancipatio] ; (5) 
 Tutela and Curatio, the origin of which must be 
 traced to the Patria Potestas. These relations are 
 treated under their appropriate heads. 
 
 The doctrine of representation, as applied to the 
 acquisition of property, is connected with the doc- 
 trine of the relations of fiimilia; but being limited 
 with reference to potestas, manus, and mancipium, 
 it is not co-extensive nor identical with the rela- 
 tions of familia. Legal capacity is also connected 
 with the relations of familia, though not identical 
 with, but rather distinct from them. The notions 
 of liberi and servi, sui juris and alieni, are com- 
 prised in the above-mentioned relations of familia. 
 The distinctions of Cives, Latini, Percgrini, are 
 entirely unconnected with the relations of familia. 
 JMany of the relations of familia have also no eft'ect 
 on legal capacity, for instance, marriage as such. 
 That family relationship which has an influence on 
 legal capacity, is the Patria Potestas, in connection 
 with which the legal capacities and incapacities of 
 filiusfamilias, filiafamilias, and a wife in manu, 
 may be most appropriately considered. (Savigny, 
 System dus hcutiyeii Rom. liechtcs, vols. i. ii. Berlin, 
 1840.) [G. L.] 
 
 FAMI'LIAE EMPTOR. [Famiua.1 
 
 FAMI'LIAE ERCISCUNDAE ACTIO. 
 Every heres, who had full power of disposition 
 over his property, was intitled to a division of the 
 hereditas, unless the testator had declared, or the 
 co-heredes had agreed, that it should remain in 
 common for a fixed time. The division could bemade 
 by agreement among the co-heredes ; but in case 
 they could not agree, the division was made by a 
 judex. For this purpose every heres had against 
 each of his co-heredes an actio familiae erciscundae, 
 which, like the actiones communi dividundo, and 
 finimn regundormn, was of the class of Mixtae 
 Actiones, or, as they were sometimes called, Du- 
 plicia .Judicia, because, as in the familiae erciscundae 
 judicium, each heres was both plaintiff and defen- 
 dant (actor and reus) ; though he who brought the 
 actio and claimed a judicium (ad judicium pruvo- 
 cavit) was properly the actor. A heres, either ex 
 testameuto or ab intestato, might bring this action. 
 All the heredes were liable to the bonorum coUatio 
 [BoNoiiUM C(JLLATio], that is, bound to allow, in 
 taking the account of the property, what they had 
 received from the testator in his lifetime, as part ol 
 their share of the hereditas, at least so far as they 
 had been enriched by such donations. 
 
I FASCES. 
 Tliis action was given by the Twelve Tables. 
 The word Familia here signifies the " property," 
 aa exphiined in the previous article, and is eciuiva- 
 lent to hereditas. 
 The meaning and origin of the verb en; iscerc, 
 or Itcrc, iscere, have been a sul)ject of some dispute. 
 It is, however, certain that the word means "■ divi- 
 sion." (Dig. 10. tit. -2; Cic. Dc Orat. i. .56; I'lo 
 Caecum, c. 7 ; Apul. Met. ix. p. 210. Bipont.) 
 
 [O. L.] 
 
 J FANUM. [Templum.] 
 
 i FAllTOR (iriTeuTijs) was a slave who fattened 
 I poultry. (Colum. viii. 7 ; Hor. Sd. ii. iii. "228 ; 
 ! Plant. True. i. ii. 11.) Donatns (ad Terent. Euu. 
 ' II. ii. ^(i) says that the name was given to a maker 
 of sausages ; but compare Becker, Gallus, ii. p. 1 .')0. 
 
 The name of fartores or crammers was also 
 given to the nomenclatores, who accompanied the 
 candidates for the public offices at Rome, and gave 
 tiiera the names of such persons as they might 
 nu'ot. (Festus, s. v. Fartores.) 
 
 F.4SCES were rods bound in the form of a 
 I bundle, and containing an axe (securis) in the 
 f middle, the iron of which projected from them. 
 I These rods were carried by lictors before the supe- 
 rior magistrates at Home, and are often represented 
 \ on the reverse of consular coins. (Spanh. Dc 
 \ Praest. et Usu A'umism. vol. ii. p. 88. 91.) Tlie 
 5 following woodcuts give the reverses of fourconsu- 
 I lar coins; in the first of which we see the lictors 
 5 carrying the fasces on their shoulders; in the 
 I second, two fasces, and between them a sella 
 i curuhs; in the third, two fasces crowned, with the 
 consul standing between them ; and in the fom-th, 
 the same, only with no crowns around the fasces. 
 
 The next two woodcuts, which are taken from 
 the consular coins of C. Norbanus, contain in ad<li- 
 tion to the fiisces — the one a spica and caducous, 
 and the other a spica, caduceus, and prora. 
 
 The fasces appear to have been usually made of 
 birch (bclalla, Plin. H. N. xvi. 30), but sometimes 
 also of the twigs of the elm. (Plant. Asin. iii. ii. 
 2.1 ; II. iii. 74.) They are said to have been de- 
 rived from Vetulonia, a city of Etruria. (Sil. Ital. 
 viii. 485 ; compare Liv. i. 8.) Twelve were carried 
 before each of tlie kings by twelve lictors ; and 
 on the expulsion of the Tarquins, one of the con- 
 
 FASCIA. 409 
 
 suls was preceded by 12 lictors with the fasces 
 and secm-es, and the other by the same number of 
 lictors with the fasces only, or, according to 
 some accounts, with crowns round them. 
 (Dionys. v. 2.) But P. Valerius Publicola, who 
 gave to the people the right of provocatio, ordained 
 that the secures should be removed from the fasces, 
 and allowed only one of the consuls to be preceded 
 by the lictors while they were at Rome. (Cic. De 
 Hep. ii. 31 ; Valer. Max. iv. 1. § 1.) The other 
 consul Was attended only by a single accensus 
 [AccEN.sus]. When they were out of Rome, and 
 at the head of the army, each of the consuls re- 
 tained the axe in the fasces, and was preceded by 
 his own lictors as before the time of Valerius. 
 (Dionys. v. 19; Liv. xxiv. 9; xxviii. 27.) [Con- 
 sul.] 
 
 When the decemviri were first appointed, the 
 fasces were only carried before the one who pre- 
 sided for the day (Liv. iii. 33) ; and it was not 
 till the second decemvirate, when they began to 
 act in a tyrannical manner, that the fasces with 
 the axe were carried before each of the ten. (Liv. 
 iii. 3().) The fasces and secures were, however, 
 carried before the dictator even in the city (Liv. 
 ii. 1 8), and he was also preceded by 24 lictors, and 
 the magister equitum by six. 
 
 The praetors were preceded in the city by two 
 lictors with the fasces (Censorin. Dc Die Natal. 
 24 ; Cic. Agrar. ii. 34); but out of Rome and at 
 the head of an anny by six, with the fasces and 
 secures, whence they are called by the Greek 
 writers (TTpaTrjyol e'laireAe'fCfis. (Appian, 5;/r. 15; 
 Polyb. ii. 24. § G ; iii. 40. § 9. HKi. § 6.) The 
 proconsuls also were allowed, in the time of Ulpian, 
 six fasces. (Dig. 1. tit. Ifa'. s. 14.) The tribunes 
 of the plebs, the aediles ami quaestors, had no 
 lictors in the city (Aul. Cell. xiii. 12), but in the 
 provinces the quaestors were permitted to have the 
 fasces. (Cic. Fro Flanc. 41.) 
 
 The lictors carried the fasces on their shoulders, 
 as is seen in the coin of Brutus given above ; and 
 when an inferior magistrate met one who was 
 higher in rank, the lictors lowered their fasces to 
 him. This was done by Valerius Publicola, when 
 he addressed the people (Cic. De Rep. ii. 31 ; Liv. 
 ii. 7 ; Valer. Max. iv. L § 1) ; and hence came 
 the expression submitterc fasces in the sense of to 
 yield, to confess one's self inferior to another. (Cic. 
 Brut. ()'.) 
 
 When a general had gained a victory, and had 
 been saluted as Imperator by his soldiers, he usually 
 crowned his fasces with laurel. (Cic. lul Att. viii. 
 3. § 5 ; Dc Dir. i. 28 ; Caes. Bell. Cic. iii. 71.) 
 
 FASCIA, dim. FASCIOLA, a band or fillet 
 of cloth, worn, 1. round the head as an ensign of 
 royalty (Sneton. Jul. 79) [Diadema. Woodcut 
 to article Falx] : 2. by women over the breast 
 
410 
 
 FASCINUM. 
 
 FASTI. 
 
 (Ovid, Dc Art. Amat. iii. G22 ; Propert. iv. 10. 
 49. " Fascia Pectoralis," Mart. xiv. 134) [Stro- 
 I'HIUM]: 3. round the logs and feet, especially by 
 women. Cicero reproached Clodius for wearing 
 fasciae upon his feet, and the Calantica, a female 
 ornament, upon his head {ap. Non. Mure. xiv. 2). 
 Afterwards, when the toga had fallen into dis- 
 use, and the shorter pallium was worn in its stead, 
 so that the legs were naked and exposed, /asaae 
 crurales became common even with the male sex. 
 (Val. Max. vi. 27 ; Grat. Ci/ncj. 338.) Tlie em- 
 peror Alexander Sevenis (Ael. Lamprid. c. 40) 
 always used them, even although, when in town, 
 Le wore the toga. Quintilian, nevertheless, asserts 
 that the adoption of them could only be excused 
 on the plea of infirm health. (Inst. Or. xi. 3.) 
 White fasciae, worn by men (Val. Max. I. c; 
 Phaed. v. 7. 36), were a sign of extraordinary re- 
 finement in dress : the mode of cleaning them 
 was by rubbing them with a white tenacious 
 earth, resembling our pipe-clay (/asckie crettdae, 
 Cic. ad Att. ii. 3). The finer fasciae, worn by 
 ladies, were purple. (Cic. De Hanisp. Resp. 21.) 
 The bandages wound about the legs, as shown in 
 the illuminations of ancient MSS., prove that the 
 Roman usage was generally adopted in Europe 
 during the middle ages. 
 
 By metaphor, the term " fascia " was applied in 
 architecture to a long ilat band of stone, marble, or 
 wood. Thus the architrave of an Ionic or Corin- 
 thian entablature consists of three contiguous hori- 
 zontal fasciae. (Vit. iii. 5. p. 84. ed. Schneider.) 
 
 On the use of fasciae in the nursing of children 
 (Plant. Triw. v. 13) see Incunabula. [J. Y.] 
 
 FA'SCINUM (^aaKavla), fascination, enchant- 
 ment. The belief that some persons had the 
 power of injuring others by their looks, was as 
 prevalent among the Greeks and Romans as it is 
 among the superstitious in modem times. The 
 o(|)0aXjUos PdaKavos, or evil et/e, is frequently men- 
 tioned by ancient writers. (Alciphr. Ep. i. 15 ; 
 Heliod. Acthiup. iii. 7 ; compare VWn.H.N. vii. 2.) 
 Plutarch, in his Symposium (v. 7), has a separate 
 chapter irepl twv KaraSaaKaivtiV \eyoixivwv, koI 
 fiaoKavov tx^"' otpBaKfidf. The evil eye was sup- 
 posed to injure children particularly, but some- 
 times cattle also ; whence Virgil {Ed. iii. 103) 
 says, 
 
 " Nescio quis teneros oculos mihi fascinat agnum." 
 
 Viirious amulets were used to avert the influence 
 of the evil eye. The most common of these ap- 
 pears to have been the phallus, called by the Ro- 
 mans fascinum, which was hung round the necks 
 of children {turjricula res, Van'o, De Limj. Lot. vii. 
 97. Miiller). PUny (i/.iV.xix. 19. § 1 )also says that 
 Satyrica siijna, by which he means the phallus, 
 were placed in gardens and on hearths as a pro- 
 tection against the fascinations of the envious ; and 
 we leam from Pollux (viii. 118) that smiths were 
 accustomed to place the same figures before their 
 forges for the same purj)ose. Sometimes other ob- 
 jects were employed for this purpose. Pisis- 
 tratus is said to have hung the figure of a kind of 
 grasshopper before the Acropolis as a preservative 
 against fascination. (Hesych. s. v. Karax^vt).) 
 
 Another common mode of averting fascination 
 was by spitting into the folds of one's own dress. 
 (Theocr. vi. 39 ; Plin. //. A'', xxviii. 7 ; Lucian, 
 Naviy. 15. vol. iii. p. 259. Reitz.) 
 
 According to Pliny (//. A', xxviii. 7), Fascinus 
 
 was the name of a god, who was worshipped among 
 the Roman sacra by the vestal virgins, and was 
 placed under the chariot of those who triumphed 
 as a protection against fascination ; by which he 
 means in all probability that the phallus was 
 .placed under the chariot. (Miiller, Archaol. der 
 Kunst, § 436. 1, 2 ; Bdttiger, Kkin. Se/ir, iii, 
 p. Ill ; Becker, Cfiarikles, ii. p. 109. 291.) 
 
 FASTI. Fas signifies divine law: the epithet 
 fastus is properly applied to anything in accordance 
 with divine law, and hence those days upon whicii 
 legal business might, without impiety (^sine piucido), 
 be transiicted before the praetor, were technically 
 denominated /asti dies, i. e. lair/id days. Varro 
 and Festus derive fastus directly from fari (Varro, 
 De Ling. Lot. vi. 2 ; Festus, s. v. Fasti ), while 
 Ovid {Fast. i. 47) may be quoted in support of 
 either etymology. 
 
 The sacred books in which the fasti dies of the 
 year were marked, were themselves denominated 
 fasti; the term, however, was employed in an ex- 
 tended sense to denote registers of various descrip- 
 tions, and many mistakes have arisen among com- 
 mentators from confounding fasti of different kinds. 
 It will be useful, therefore, to consider separately 
 the two great divisions, which have been distin- 
 guished as Fasti Saeri or Fasti Kalendares, and 
 Fasti Annates or Fasti Historici. 
 
 I. Fasti Sacri or Kalendares. For nearly 
 four centuries and a half after the foundation of 
 the city a knowledge of the calendar was possessed 
 exclusively by the priests. One of the pontitices 
 regularly proclaimed the appearance of the new 
 moon, and at the same time announced the period 
 which would intervene between the Kalends and 
 the Nones. On the Nones the country people 
 assembled for the purpose of learning from the Rex 
 Sacrorum the various festivals to be celebrated 
 during the month, and the days on which they 
 would fall. (Macrob. i. 15.) In like manner all 
 who wished to go to law were obliged to inquire of 
 the privileged few on what day they might bring 
 their suit, and received the reply as if from the 
 lips of an astrologer. (Cic. Pro Muren. 11.) The 
 whole of this lore, so long a source of power and 
 profit, and therefore jealously enveloped in mys- 
 terj-, was at length made public by a certain Cn. 
 Flavins, scribe to Appius Caecus (Liv. ix. 46; 
 PHn. //. N. xxxiii. 1 ; AuL Cell. vi. 9 ; Val. Max. 
 ii. 5), who, having gained access to the pontifical 
 books, copied out all the requisite infonnation, and 
 exhibited it in the fonim for the use of the people 
 at large. From this time forward such tables be- 
 came common, and were known by the n;mie of 
 Fasti. They usually contained an enumeration of 
 the months and days of the year ; the Nones, Ides, 
 Nundinae, Dies Fasti, Nefasti, Comitiales, Atri, 
 &c. [Calendar], together with the dilferent fes- 
 tivals, were marked in their proper places : astrono- 
 mical observations on the risings and settings of 
 the fixed stars, and the commencement of the sea- 
 sons were frequently inserted, and sometimes brief 
 notices annexed regarding the introduction and 
 signification of certain rites, the dedication of tem- 
 ples, glorious victories, and terrible disasters. In 
 later times it became common to pay homage to 
 the members of the imperial family by noting down 
 their exploits and honours in the calendar, a species 
 of flattery with which Antonius is charged by 
 Cicero {Flnlipp. ii. 34). See also Tacit. Auu. i. 15. 
 
 It will be seen from the above description that 
 
FASTI. 
 
 f these fash closely resemljled a modem almanac 
 ; (Fdsiormn libri ajrpcllitidur totius anni dcscriptio, 
 ■ Festus); and the celebrated work of Ovid may be 
 - considered as a poetical Ycar-hook or Companion to 
 ; the Almanac, having been composed to illustrate 
 the Fasti published by Julius Caesar, who re- 
 modelled the Roman year. All the more remark- 
 able epochs are examined in succession, the origin 
 of the different festivals explained, the various cere- 
 monies described, the legends connected with the 
 principal constellations narrated, and many curious 
 discussions interwoven upon subjects likely to 
 prove interesting to his countrymen ; the whole 
 
 • being seasoned with frequent allusions to the 
 glories of the Julian line. 
 
 Several specimens of fasti, more or less perfect, 
 on stone and marble, have been discovered at dif- 
 ferent times in different places, none of them, how- 
 ever, older than the age of Augustus. The most 
 I remarkable, though one of the least entire, is that 
 ; known as the Kakmlarium Praencstinum or Fasti 
 1 Verriani. Suetonius, in his short treatise on dis- 
 tinguished granmarians, tells us that a statue of 
 , Verrius Flaccus, preceptor to the grandsons of Au- 
 , gustus, stood in the lower part of the forum of his 
 native town, Praeneste, opposite to the Hcmi- 
 cydium, on which he had exhibited to public view 
 the fasti, arranged by himself, and engraved on 
 marble slabs. In the year 1770 the remains of 
 a circular building were discovered in the im- 
 ; mediate vicinity of the modem Palestrina, to- 
 gether with several fi'agments of marble tablets, 
 I which were soon recognised as forming part 
 : of an ancient calendar; and upon further ex- 
 
 • amination no doubt was entertained by the 
 learned that these were the very fasti of Verrius 
 
 . described by Suetonius. An Italian antiquary, 
 named Foggini, continued the excavations, collect- 
 
 , ed and arranged the scattered morsels with great 
 patience and skill; and in this manner the months 
 
 • of January, Miirch, April, and December, to which 
 , a very small portion of February was afterwards 
 I added, were recovered ; and, although much defaced 
 
 and mutilated, form a very curious and useful 
 I monument. They appear to have embraced much 
 . information concerning the festivals, and a careful 
 , detail of the honours bestowed upon, and the tri- 
 umphs achieved by, Julius, Augustus, and Tiberius. 
 The publication of Foggini contains not only an 
 accomit of this particular discovery, but also the 
 complete fasti of the Koman year, so far as such 
 a compilation can be extracted from the ancient 
 calendars now extant. Of these he enumerates 
 I eleven, the names being derived either from the 
 places where they were found, or from the family 
 who possessed them when they first became known 
 to the literary world : — 
 
 1. Calendarium Muffciorum, which contains the 
 twelve months complete. 
 
 2. Cal. PraeiMsiiiium, described above. 
 
 3. Cal. Capraiticoruiii, August and September 
 complete. 
 
 4. Cal. Amitcrninum, fragments of the months 
 from May to December. 
 
 5. Cal. Aiitiuti/iutit, fragments of the six last 
 months. 
 
 6. Cal. EsqiiiliuwH, fragments of May and June. 
 
 7. Cal. Faritcsiauuiii, a few days of February 
 and March. 
 
 8. Cal, Pincianum, fr-jgments of July, August, 
 and September. 
 
 FASTI. 41 1 
 
 9. Cal. Vemtsimini, May and June complete. 
 
 10. Cal. Vaticanum, a few days of March and 
 April. 
 
 11. Cal, Allifanum, a few days of July and 
 August. 
 
 Some of the above, with others of more recent 
 date, are given in the Corpus Inscriplionuin of 
 Gruter, in the 11th vol. of the Tlicsaurus Rom. 
 Antiqq. of Graevius, and in other works of a simi- 
 lar description ; but the fullest information upon 
 all matters connected with the Fasti Siicri is em- 
 bodied in the work of Foggini, entitled Fastorum 
 anni Romani a Vcrriu Flai'co ordinatoriim reliquiae, 
 &c. Romae, 1779 ; and in Jac. Van Vaassen Ani- 
 madvcrss. ltd Fastos Rum. Sacros fragmenta, Traj. 
 ad Rhen. 1795 : to which add Ideler's Ilandlmdi 
 der Mathcmalisclven und Teclmisvlien C/iroJtoloi/ie. 
 BerHn, 1826. 
 
 Before quitting this part of our subject, we may 
 make mention of a curious relic, the antiquity of 
 which has been called in question without good 
 cause, the Calendarium Rusticum Farnesiunum. 
 This Rm'al Almanac is cut upon four sides of a 
 cube,each face being divided into three colmuns,and 
 each column including a month. At the top of the 
 column is carved the appropriate sign of the zodiac; 
 then follows the name of the month, the number 
 of the days, the position of the nones, the length 
 of the day and night, the name of the sign through 
 which the sun passes, the god under whose pro- 
 tection the month was placed, the various agricul- 
 tural operations to be perfomied, and a list of the 
 principal festivals. Take May as an example : — 
 
 MENSIS 
 MAIVS 
 DIES. XXXI. 
 NON. SEPTIM. 
 DIES. HOR. XIIUS. 
 
 Nox. HOR. vmis. 
 
 SOL. TAVRO. 
 TVTEL.i. APOLLIN. 
 SEUET. RVNCANT. 
 OVES. TONUENT. 
 LANA. LAVATVU. 
 IVVENCI. DOMANT. 
 VICEA. PABVL. 
 SECATVR. 
 SEOETES 
 LVSTRANTVR. 
 SACRVM. MERCVR. 
 ET. FLORAE. 
 
 (See the commentaiy of Morcelli in his Opera 
 Epiijraphiea, vol. i. 77.) 
 
 II. Fasti Annales or Historici. Chronicles 
 such as the Annales Maximi [Annales], con- 
 taining the names of the chief magistrates for each 
 j'ear, and a short account of the most remarkable 
 events noted down opposite to the days on which 
 they occurred, were, from the resemblance which 
 they bore in arriingement to the sacred calendars, 
 denominated fasti; and hence this word is used, 
 especially by the poets, in the general sense of 
 historical records. (Herat. Sxt. I. iiL 112 ; Carm, 
 IV'. xiii. 13; UL xvii. 7.) 
 
 In prose writers faati is commonly employed as 
 the techniavl term for the registers of consuls, 
 dictators, censors, and other magistrates, which 
 formed part of the public archives. ( Liv. ix. 1 8 ; 
 Cic. I^ro Scj-t. 14 ; compare Cic. Philipp. xiiL 
 12 ; Tacit. Ann. iii. 17, 18.) Again, when Cicero 
 remarks in the famous epistle to Lucceius {^Ad 
 
412 
 
 FASTIGIUM. 
 
 FAX. 
 
 Fam. V. 12), " Etenira ordo ille annaliiim medio- 
 criter nos retiuet quasi cnumeratione fastorum,'" 
 he means that the regular succession of events 
 meagerly detailed in chronicles fixed the attention 
 but feebly, and was little more interesting than a 
 mere catalogue of names. (Compare Ad Att. iv. 8.) 
 
 A most important specimen of fasti belonging to 
 this class, executed probably at the beginning of 
 the reign of Tiberius, has been partially preserved. 
 In the j^ear 1547, several fragments of marble 
 tablets were discovered in excavating the Roman 
 forum, and were found to contain a list of consuls, 
 dictators with their masters of horse, censors with 
 the lustra which they closed, triumphs and ova- 
 tions, all arranged in regular succession according 
 to the years of the Catonian era. These had evi- 
 dently extended from the expulsion of the kings 
 to the death of Augustus, and although defective 
 in many places, have proved of the greatest value 
 in chronology. The ditterent pieces were collected 
 and ammged under the inspection of Cardinal 
 Alexander Farnese, and deposited in the capitol, 
 where they still remain. From this circumstance 
 they are generally distinguished as the Fasti 
 Capitoliin. In the years 1817 and 1818, two 
 other fragments of the same marble tablets were 
 discovered in the com'se of a new excavation in 
 the Forum. A fac-simile of them was published at 
 Milan, by Borghesi, in 1818. 
 
 The Fasti Consulares are given at the close of 
 this work. [W. R.] 
 
 FASTI'GIUM. An ancient Greek or Roman 
 temple, of rectangular construction, is terminated 
 at its u])per extremity by a triangular figure, both 
 in front and rear, which rests upon the cornice of 
 the entablature as a base, and has its sides fomied 
 by the cornices which terminate the roof. (See 
 woodcut, p. 50.) The whole of this triangle above 
 the trabeation is implied in the term fastii/iiim, 
 called frontispiece (fruiitfin^frontisinzio) by French 
 and Italian architects, but pediment by our own. 
 The flat surface within the frame, when distin- 
 guished from the general term, is denominated 
 tympanum by the Latins (Vitruv. iii. 3. p. 99. ed. 
 Bipont.) from its resemblance to the skin in the 
 frame of a drum ; and aeroj/ia, or deros, by the 
 Greeks (Aristoph. Arvs, Pans. i. 24. § 5; 
 
 ii. 7. § 3 ; v. 10. § 2; ix. 11 g 4), either because 
 its figure resembles that of an eagle with out- 
 stretched wings (Eustath. ad II. w. p. 1352. 1. 37), 
 or because the tympanum of the earliest temples, 
 which were dedicated to Jupiter, was usually 
 omameiUed by an eagle in relief (Pind. Oli/nip. 
 xiii. 29, and Schol. ail. loc), an instance of which 
 is atforded by the coin represented in the follow- 
 ing woodcut. (Beger. Spicil. Antiq. p. 6.) But 
 far richer sculptures from the chisel of the most 
 
 eminent artists (Paus. II. cc.) were subsequently 
 introduced, the effect of which may be seen in the 
 restored pediment of the temple of Jupiter Pan- 
 helleniiis in the British Museum ; the fragments 
 of the Elgin marbles, in the same place, were 
 originally placed in the dirufia, or (v to7s dcTois 
 of the Parthenon. Terra-cotta figures were ap- 
 plied in a sunilar manner by the Romans in the 
 early ages. (Cic. Diviii. \. 10; Vitruv. iii. 2. p. 
 89 ; Plin. //. A^. xxxv. 43. 46 ; xxxvi. 2.) 
 
 The dwelling-houses of the Romans had no gable 
 ends ; consequently when the word is applied to 
 them (Cic. Fpist. (td Q. Fr. iii. 1. 4; Virg. Aen. 
 viii. 491), it is not in its strictly technical sense, 
 but designates the roof simply, and is to be under- 
 stood of one which rises to an apex as distinguish- 
 
 ! ed from a fiat one. The fastigium, properly so 
 called, was approjiriatcd to the temples of the gods, 
 from the original construction of which its form 
 naturally sprung (Cic. De Oral. iii. 4G); and, 
 therefore, when the Romans began to bestow divine 
 honours upon Caesar, amongst other privileges 
 which they decreed to him, was the liberty of 
 erecting a fastigium to his house (Cic. PkU.\\. 43: 
 Floras, iv. 2 ; Plut. Cues. 81 ; compared with 
 Acroterium), that is, a portico and pediment 
 towards the street like that of a temple. In like 
 manner the pent of a pavement, which slopes away 
 on each side from its central line, so as to allow ol 
 the water draining off in hypaethral buildings, &c.. 
 is termed fasiiijiam (Vitruv. v. 9. p. 151); and 
 the piles of the bridge which Caesar threw across 
 the Rhine are described as fastiijata (Caes. Bdl 
 Gall. iv. 15), converging like the two sides of £ 
 pediment. [A. R.] 
 
 FAX ((fiayJs), a torch. The descriptions o 
 poets and mythologists, and the works of ancient 
 art, represent the torch as carried b}' Diana, Ceres 
 Bellona, Hymen (woodcut, p. 194), Phosphorus 
 by females in Bacchanalian processions (p. 234) 
 and, in an inverted position, by Sleep and Death 
 In the annexed woodcut, the female figure in thi 
 middle is copied from a fictile vase. The wingec 
 figure on the left hand, asleep and leaning on ; 
 torch, is from a funeral monument at Rome : thi 
 
 I word " S(unnus " is inscribed beside it. The othe 
 winged figure, also with the torch inverted, i 
 taken from an antique gem, and represents Cupii 
 under the character of Autrcgois (Serv. in Viry. Aeii 
 iv. 520) or " Lethaeus Amor" (Ovid, Rem. Amot 
 555). In ancient marbles the torch is sometime 
 more ornamented than in the examples now pre 
 
FEMINALIA. 
 
 FERIAE. 
 
 413 
 
 ^(luced; but it always appears to be fontied of 
 wooden staves or twigs, either bound by a rope 
 dra\vn round them in a spiral fomi, as in the above 
 middle figure, or surrounded by circular bands at 
 equal distances, as in the two exterior figures, and 
 in the woodcut at p. "234. The inside of the torch 
 
 ' may be supposed to have been tilled with flax, tow, 
 or other vegetable fibres, the whole being abun- 
 dantly impregnated with pitch, rosin, wax, oil, and 
 other inflammable substances. This inference 
 bom the representations of torches on ancient mo- 
 numents of all kinds, is continued by the testi- 
 
 ; mony of Athenaeus (xv. 57 — 61) and Pliny (//. 
 
 ■ iV. xvi. 18 ; xviii. 2()), who mention that the 
 branches of tiie oak, ilex, hazel, and hornbeam, 
 were chief!}- used for making them by being cut 
 into staves of the requisite forms. They were also 
 made of the branches of the vine (Aristoph. X;/s. 
 
 ■ 308 ; Athen. /. c), which are exceedingly vascular, 
 and ceitainly well adapted for imbibing and retain- 
 ing fluids. A torch of vine was called Ko<pvLs. 
 Another admirable plant for making torches was 
 the Spanish broom ( Plin. //. A', xix. 2), the long 
 twigs of which resemble rushes and are full of pith. 
 
 ' As the principal use of torches was to give light 
 to those who went abroad after sunset, they were 
 apt to be extinguished and rendered useless by a 
 shower of rain. Hence the expression, " This 
 torch is full of water " (Mcnander, ed. Mein. p. 
 
 I 24). In allusion to the time when they were used, 
 
 ■ ! the portion of the Roman day immediately suc- 
 
 ■ < ceeding sun-set was called /<«■ or }>riitia fujc. (A. 
 ' j Gell. iii. 2 ; Macrob. Sat i. 2.) 
 
 ' Torches, as now described, appear to have been 
 more common among the Romans than the Greeks, 
 who usually employed the more ancient and more 
 simple Taeda or the lamp [Lucern'a]. The use 
 of torches after sun-set, and the practice of cele- 
 brating marriages at that time, probably led to the 
 consideration of the torch as one of the necessary 
 accompaniments and symbols of marriage. Among 
 the Romans the fa.r nuplialis (Cic. pro Clumt. G), 
 having been lighted at the parental hearth, was 
 carried before the bride by a boy whose parents 
 were alive. (Plant. Cus. i. 30; Ovid, Epist. xi. 
 101 ; ServiHs, in Vir^/. E<-l. viii. 29 ; Plin. H. N. 
 xvi. 18; Festus, s. v. Patrimi.) The torch was 
 also carried at funerals (/ar sepulchral h, Ovid, 
 Epist. ii. 120), both because these were often noc- 
 turnal ceremonies, and because it was used to set 
 lire to the pile. Hence the expression of Proper- 
 tius (iv. 12. 4()), " Vivimus insignes inter utram- 
 que facem." (See also Ovid, Epist. xxi. 1 72 ; Fat-i. 
 ii. .501; Virg. Aeii. xi.- 143; Servius, ad he; 
 Tacit. Ann. iii. 4; Sen. Epist. 123 ; Df Bret: Vit. 
 20.) The torch-bearer turned away his face from 
 the pile in setting it on fire. (Virg. Acn. vi. 224.) 
 
 [J. Y.] 
 
 FEBRUA'RIUS. [Calendar (Roman).] 
 
 FECIA'LES. [Fetiales.] 
 
 FEMINA'LIA were worn in winter by Augus- 
 tus Caesar, who was very susceptible of cold. 
 (Sueton. Aw). 82.) Casaubon supposes them to 
 have been bandages or fillets [Fascia] wound 
 about the thighs ; it seems more probable that they 
 were breeches resembling ours, since gannents for 
 the thighs (irepiix.ripia) were worn by the Roman 
 horsemen (Arrian. Tact. p. 14. ed. Blanc); and 
 the column of Trajan, the arch of Constantine, and 
 other monuments of the same period, present nu- 
 merous examples of both horse and foot soldiers 
 
 who wear breeches, closely fitted to the body, and 
 never reaching much below the knees. (See wood- 
 cuts, p. 2. 68. 85.) [J. Y.] 
 FENESTRA. [House.] 
 FENUS. [Interest op Money.] 
 FERA'LIA. [FuNi-.s.] 
 FE'RCULUM (from fer-o) is applied to any 
 kind of tray or platfonn used for carrying any- 
 thing. Thus it is used to signify the tray or frame 
 on which several dishes were brought in at once 
 at dinner (Petron. 35 ; Plin. //. iV. xxviii. 2) ; 
 and hence fircula came to mean the number of 
 courses at dinner, and even the dishes themselves. 
 (Suet. Amj. 74 ; Serv. ail Virj. Acn. i. 637 ; Juv. 
 i. 93, xi. 64 ; Hor. Sat. ii. vi. 104 ; Mart. iii. 50, 
 ix. 82, xi. 31.) 
 
 The ferculum was also used for carrying the 
 images of the gods in the procession of the circus 
 (Suet. Jul. 76) [Circus, p. 233], the ashes of the 
 dead in a funeral (Suet. Cal. 1.5), and the spoils 
 in a triumph (Suet. Jul. 37; Liv. i. 10) ; in all 
 which cases it appears to have been carried on the 
 shoulders or in the hands of men. The most illus- 
 trious captives were sometimes placed on a fer- 
 culum in a triumph, in order that they might be 
 better seen. (Senec. Here. Oct. 109.) 
 FERETRUM. [Funus.] 
 FERIAE, holidays, were, generally speaking, 
 days or seasons during which free-born Romans 
 suspended their political transactions and their 
 law-suits, and during which slaves enjoyed a cessa- 
 tion from laliour. (Cic. De Lcgy. ii. 8. 12 ; De Div. 
 i. 45.) All feriae were thus dies nefasti. The 
 feriae included all days consecrated to any deity ; 
 consequently all days on which public festivals 
 were celebrated were feriae or dies feriati. But 
 some of them, such as the feria vindemialis, and 
 the feriae aestivae, seem to have had no direct con- 
 nection with the worship of the gods. The nun- 
 dinae, however, during the time of the kings and 
 the early period of the republic, were feriae only 
 for the populus, and days of business for the ple- 
 beians, until, by the Hortensian law, they became 
 fasti or days of business for both orders. ( Macrob. 
 Sat. i. 16; compare Niebuhr, Hist, of Rome, ii. p. 
 21.3, &C.; Walter, Geschic/ito d. Rom. Rechts, p. 
 190.) 
 
 All feriae were divided into two classes, feriae 
 jtuhlicac and feriae privatae. The latter were only 
 observed by single families or individuals, in com- 
 memoration of some particular event which had 
 been of importance to them or their ancestors. As 
 family feriae, are mentioned the feriae Cla/cdiae, 
 Acmiliae, Juliae, Corncliac, &c., and we must su])- 
 pose that all the great Roman families had thi'ir 
 particular feriae, as thoy had their private sacra. 
 Among the family-holidays we may also mention 
 the feriae denicalcs, i. e. the day on which a family, 
 after having lost one of its members by death, 
 underwent a purification. (Fest. s. v.; Cic. De 
 Lcil'j. ii. 22 ; Columell. ii. 22.) Individuals kept 
 feriae on their birthdays, and other occasions which 
 marked any memorable event of their lives. During 
 the time of the empire the birthday of an emperor 
 sometimes assumed the character of a feria publica, 
 and was celebrated by the whole nation with games 
 and sacrifices. Thus the birthday of Augustus, 
 called Augustalia, was celebrated with great splen- 
 dour even in the time of Dion Cassius (liv. p. 624; 
 Ivi. p. 688). The day on which Augustus had 
 I returned from his wars was likewise for a long time 
 
414 
 
 FERIAE. 
 
 FERIAE. 
 
 made a holiday of. (Tacit. An?ial. i. 1.5, with the 
 note of Lipsius.) The dies natalicii of the cities of 
 Rome and Constantinople were at a still later 
 period likewise reckoned among the feriae. (Cod. 
 3. tit. 12. s. 6.) 
 
 All feriae jmblicac, i. e. those which were ob- 
 served by the whole nation, were divided into 
 feruie stativae, feriae co7ic/'ptivae, ani feriae impera- 
 tivae. Feriae stativae or statae were those which 
 were held regularly, and on certain days marked 
 in the calendar. (Fcst. s. v.; Macrob. /. c.) To 
 these belonged some of the great festivals, such as 
 the Agonalia, Carraentalia, Lupercalia, &c. Feriae 
 conccptivae or conceptae were held every year, but 
 not on certain or fixed days, the time being every 
 year appointed by the magistrates or priests (quot- 
 amiis a vMyistratibus vcl scuxrdoiiltus concipnmtur, 
 Macrob. /. c. ; Varro, Dc Ling. Lat. v. 3, &c. ; Fest. 
 s. v.). Among these we may mention the feriae 
 Latinae, feriae Sementivae, Paganalia, and Com- 
 pitalia. Feriae imperaiivae are those which were 
 held on certain emergencies at the command of the 
 consuls, praetors, or of a dictator. The books of 
 Livy record many feriae imperativae, which were 
 chiefly held in order to avert the dangers which 
 some extraordinary prodigy seemed to forebode, 
 but also after great victories. (Liv. i. 31 ; iii. 5 ; 
 vii. 28 ; XXXV. 40 ; xlii. 3 ; Polyb. xxi. 1.) They 
 frequently lasted for several days, the number of 
 which depended upon the importance of the event 
 which was the cause of their celebration. But 
 whenever a rain of stones was believed to have 
 happened, the anger of the gods was appeased by 
 a sacrum novemdiale, or feriae per noveni dii'S. 
 This number of days had been fixed at the time 
 when tlus prodigy had first been observed. (Liv. 
 i. 31.) Respecting the legitimate forms in which 
 the feriae conccptivae and imperativae were an- 
 nounced and appointed, see Brisson. De Form. p. 
 107, &c. 
 
 The manner in which all public feriae were kept 
 bears great analogy to our Sunday. The people 
 generally visited the temples of the gods, and 
 offered up their prayers and sacrifices. The most 
 serious and solemn seem to have been the feriae 
 imperativae, but all the others were generally at- 
 tended by rejoicings and feasting. All kinds of 
 business, especially law-suits, were suspended dur- 
 ing the public feriae, as they were considered to 
 pollute the sacred season: the rex sacrorum and 
 the fiamines were not even allowed to behold any 
 work being done during the feriae ; hence, when 
 they went out, they were preceded by their heralds 
 (praeciac,pracclamiiatores,oTcalalorcs), who enjoin- 
 ed the people to abstain from working, that the sanc- 
 tity of the day might not be polluted by the priests 
 seeing persons at work. (Fest. s. v. Praeckc; Ma- 
 crob. I. e.; compare Serv. ad Virg.Geon/.v. 2G8 ; Plut. 
 Nutiia, c. 14.) Those who neglected this admoni- 
 tion were not only liable to a fine, but in case their 
 disobedience was intentional, their crime was con- 
 sidered to be beyond the power of any atonement ; 
 whereas those who had unconsciously continued 
 their work, might atone for their transgression 
 by offering a pig. It seems that doubts as to what 
 kinds of work might be done at public feriae were 
 not unfrequent, and we possess some curious and 
 interesting decisions given by Roman pontiffs on 
 this subject. One Umbro declared it to be no 
 violation of the feriae, if a person did such work as 
 had reference to the gods, or was connected with 
 
 the offering of sacrifices; all work, he moreovci 
 declared, was allowed which was necessary to sup- 
 ply the urgent wants of human life. Tlie pontifl 
 Scaevola, when asked what kind of work might be 
 done on a dies feriatus, answered that any work 
 might be done, if any suffering or injury should be 
 the result of neglect or delay, c. g. if an ox should 
 fall into a pit, the owner might employ workmen 
 to lift it out ; or if a house threatened to fall down, 
 the inhabitants might take such measures as would 
 prevent its falling, without polluting the feriae. 
 (Macrob. /. e. and iii. 3 ; Virg. Georg. i. 270, with 
 the remarks of J. H. Voss ; Cato, De Re Rust. 2 ; 
 Columella, ii. 22 ; compare Matth. xii. 1 1 ; Luke, 
 xiv. 5.) Respecting the various kinds of legal 
 affairs which might be brought before the praetor 
 on days of public feriae, see Digest. 2. tit. 12. s. 2. 
 
 It seems to have been owing to the immense in- 
 crease of the Roman republic and of the accumula- 
 tion of business arising therefrom, that some of the 
 feriae, such as the Compitalia and Lupercalia, in 
 the course of time ceased to be observed, until they 
 were restored by Augustus, who revived many of 
 the ancient religious rites and ceremonies. (Suet. 
 Aitg. 31.) Marcus Antoninus again increased the 
 number of days of business {dies fasti) to 230, and 
 the remaining days were feriae. (Capitol. M.^nte. 
 Phil. c. 10.) After the introduction of Christi- 
 anity in the Roman empire, the old feriae were 
 abolished, and the Sabbath, together with the 
 Christian festivals, were substituted ; but the man- 
 ner in which they were kept was nearly the same 
 as that in which the feriae had been observed. 
 Law-suits were accordingly illegal on Sundays and 
 holidays, though a master might emancipate his 
 slave if he liked. (Cod. 3. tit. 12.) All work, 
 and all political as well as juridical proceedings, 
 were suspended ; but the country people were al- 
 lowed freely and unrestrainedly to apply them- 
 selves to their agricidtural labours, which seem at 
 all times to have been distinguished from and 
 thought superior to all other kinds of work : for, as 
 mentioned below, certain feriae were instituted 
 merely for the purpose of enabling the country 
 people to follow their rural occupations without 
 being interrupted by law-suits and other public 
 transactions. 
 
 After this general view of the Roman feriae, we 
 shall proceed to give a short account of those festi- 
 vals and holidays which were designated by the 
 name of feriae. 
 
 Feriae Latinae, or simply Latinae (the original 
 name was Latiar, Macrob. I. c. ; Cic. Ad Quint. 
 Frat. ii. 4), had, according to the Roman legends, 
 been instituted by the last Tarquin in commemo- 
 ration of the alliance between the Romans and 
 Latins. (Dionys. Hal. iv. p. 250. Sylb.) But 
 Niebuhr {Hist, of Rantc, ii. p. 34) has shown that 
 the festival, which was originally a panegyris of 
 the Latins, is of much higher antiquity ; for we 
 find it stated that the towns of the Priscans and 
 Latins received their shares of the sacrifice on the 
 Alban mount — which was the placeof its celebration 
 — along with the Albans and the thirty towns of 
 the Alban commonwealth. All that the last 
 Tiirquin did was to convert the original Latin 
 festival into a Roman one, and to miike it the 
 means of hallowing and cementing the alliance 
 between the two nations. Before the union, the 
 chief magistrate of the Latins had presided at the 
 festival ; but Tanjuin now assumed this distinc- 
 
FERIAE, 
 
 FESCENNINA. 
 
 41.5 
 
 . tion, whicli subsequently, after the destruction of 
 the Latin commonwealth, remained with the chief 
 I magistrates of Rome. (Liv. v. 17.) The object 
 ,of this panegj'ris on the AJban mount was the 
 ('worship of Jupiter Latiaris, and, at least as long 
 as the Latin republic existed, to deliberate and 
 , decide on matters of the confederacy, and to settle 
 I any disputes which might have arisen among its 
 members. As the feriae Latinae belonged to tlie 
 conceptivae, the time of their celebration greatly 
 depended on the state of aifau's at Rome, as the 
 I consuls were never allowed to take the field until 
 ■they had held the liatinae. (Liv. xxi. G3 ; xxii. 1 ; 
 .XXV. 12 ; Dion. Cass. xlvi. p. 356.) This festival 
 I was a great engine in the hands of the magistrates, 
 who had to appoint the tune of its celebration 
 (concipcre, cxlkcrc, or indiccrc Littinas); as it might 
 often suit their purpose cither to hold the festival 
 . at a particular time or to delay it, in order to prc- 
 
 • vent or delay such public proceedings as seemed 
 •injurious and pernicious, and to promote others to 
 ] which they were favourably disposed. This feature, 
 I however, the feriae Latinae had in common with 
 
 all other feriae conceptivae. Whenever any of 
 I the forms or ceremonies customary at the Latinae 
 I had been neglected, the consuls had the right to 
 , propose to the senate, or the college of pontiffs, 
 
 that their celebration should be repeated [instaurari, 
 
 Cic. Ad. Quint. Frat. ii. G ; Liv. xxii. 1 ; xli. 16). 
 I Respecting the duration of the feriae Latinae, the 
 
 eoumion opinion fonnerly was, that at first they 
 . only lasted for one day, to which subsequently a 
 
 second, a third, and a fourth were added (Dionj's. 
 , Hal. vi. p. 415. Sylb.) ; but it is clear that this 
 ; supposition was founded on a confusion of the 
 : feriae Latinae with the Ludi Maximi, and that 
 
 • they lasted for six days ; one for each decury of the 
 I Alban and Latin towns. (Niebuhr, Hist, of Rom. 
 I ii. 35 ; compare Liv. vi. 42 ; Plut. Camil. 42. ) 
 
 The festive season was attended by a sacred truce, 
 and no battle was allowed to be given during those 
 days. (Dionys. Hal. iv. p. 250. Sylb. ; Macrob. 
 
 I I. c.) In early times, during the alliance of the 
 Romans and Latins, the chief magistrates of both 
 nations met on the Alban mount and conducted 
 the solemnities, at which the Romans, however, 
 had the presidency. But afterwards the Romans 
 
 ' alone conducted the celebration, and offered the 
 common sacrifice of an ox to Jupiter Latiaris, in 
 the name and on behalf of all who took part in it. 
 The flesh of the victim was distributed among the 
 several towns whose common sanctuary stood on 
 the Alban mount. (Dionys. Hal. I. c. ; Varro, De 
 
 . Ling. Lat. v. 3. p. 58. Bip. ; Schol. Bobiens. iti 
 Cie. Orai. pro Plane, ji. 255, &c. Orelli.) Besides 
 the common sacrifice of an ox, the several towns 
 offered each separately lambs, cheeses, or a certain 
 quantity of milk (Cic. De Div. i. 11), or cakes. 
 Multitudes flocked to the Alban moimt on the oc- 
 casion, and the season was one of great rejoicings 
 and feasting. Various kinds of games were not 
 wanting, among which may be mentioned the 
 oscillutiv (swinging, Fest. s. d. Osdlhtm). It was 
 a symbolic game, and the legend respecting its 
 origin shows that it was derived from the Latins. 
 Pliny (iy. N. xxvii. 2) mentions that during the 
 Latin holidays a race of four-horse chariots [quad- 
 rigae ccrtant) took place on the Capitol, in which 
 the \nctor received a draught of absjTithium. 
 
 Although the Roman consuls were always pre- 
 sent on the Alban mount, and conducted the 
 
 solemn sacrifice of an ox, yet wo read that the 
 superintendence of the Latinae, like that of other 
 festivals, was given by the senate to the Acdiles, 
 who, therefore, probably conducted the minor sac- 
 rifices, the various games, and other solemnities. 
 (Dionys. Hal. vi. p. 415.) While the consuls were 
 engaged on the Alban mount, their place at Rome 
 was filled by the praefectus urbi [Praefectus 
 Urbi]. 
 
 The two days following the celebration of the 
 Latin holidays were considered as dies rdiijiosi, so 
 that no marriages could be contracted. (Cic. ad 
 Quint. Frat. ii. 4.) From Dion Cassias we see 
 that in his times the Feriae Latinae were still 
 strictly observed by the Romans, whereas the 
 Latin towns had, at the time of Cicero, almost en- 
 tirely given up taking any part in them. The 
 Romans seem to have continued to keep them 
 down to the fourth century of our aera. (Lactant. 
 Institut. i. 21.) 
 
 Feriae Sementicae, or Scmentina dies, was kept 
 in seed-time for the purpose of praying for a good 
 crop ; it lasted only for one day, which was fixed 
 by the pontiffs. (Varro, De Liu(j. Lat. v. 3. p. 58. 
 liip. ; Dc Re Rust. i. 2, init. ; Ovid, Fast. i. 658, 
 &c.) 
 
 Feria vindemiidis lasted from the 22d of August 
 to the 1 5th of October, and was instituted for the 
 purpose of enabling the country-people to get in 
 the fruits of the field and to liold the vintage. 
 (Codex, 3. tit. 12.) 
 
 Feriae acMivac were holidays kept during the 
 hottest season of summer, when many of the weal- 
 thier Romans left the city and went into the 
 country. (Gellius, ix. 15. § 1.) They seem to have 
 been the same as the messis feria (Cod. 3. tit. 12. 
 s. 2. 6), and lasted from the 24th of June till the 
 1 st of August. 
 
 Feriae praeeidaiteae are said to have been pre- 
 paratory days, or such as preceded the ordinary 
 feriae ; although they did not belong to the feriae, 
 and often even were dies atri, they were on certain 
 occasions inaugurated by the chief pontiff, and thus 
 made feriae. (UeUius, iv. 6.) [L. S.] 
 
 FESCENNI'NA, scil. carmina, one of the 
 earliest kinds of Italian poetrj', which consisted of 
 rude and jocose verses, or rather dialogues of ex- 
 tempore verses (Liv. vii. 2), in which the merry 
 country folks assailed and ridiculed one another. 
 (Herat. Epist. II. i. 145.) This amusement seems 
 originally to have been peculiar to country people, 
 but it was also introduced into the towns of Italy 
 and at Rome, where we find it mentioned as one 
 of those in which young people indulged at wed- 
 dings. (Serv. ad Aen. vii. 695 ; Seneca, Controv. 
 21 ; Plin. //. N. xv. 22.) The fescennina were 
 one of the popular amusements at various festivals, 
 and on many other occasions, but especially after 
 the han'cst was over. After their introduction 
 into the towns they seem to have lost much of 
 their original rustic character, and to have been 
 modified by the influence of Greek refinement (see 
 Virg. Georrj. ii. 385, &c. ; TibuU. ii. i. 55 ; CatuU. 
 61.27); they remained, however, in so far the 
 same, as they were at all times irregular, and 
 mostly extempore doggerel verses. Sometimes, 
 however, versus fescennini were also written as 
 satires upon persons. (Macrob. Saturn, ii. 4.) That 
 these railleries had no malicious character, and 
 were not intended to hui't or injure, may be infer- 
 I red from the circumstiuice that one person often 
 
416 
 
 FETIALES. 
 
 FETIALES. 
 
 called upon another to answer and retort in a simi- 
 lar strain. The fesccnnina are general!}' believed 
 to have been introduced among the Romans from 
 Etruria, and to have derived their name from Fes- 
 ceunia, a town of that country. But, in the first 
 place, Fescennia was not an Etniscan but a Falis- 
 can town (Niebulir. Hist, of Rome, i. p. 13(5), and, 
 in the second, this kind of annisement has at all 
 times been, and is still, so popular in Ital}', that it 
 can scarcely be considered as peculiar to any par- 
 ticular place. The derivation of a name of this 
 kind from that of some particular place was fomier- 
 ly a favourite custom, as may be seen in the deri- 
 vation of caerimonia from Caere. Festus (s. r.) 
 endeavours to solve the question by supposing fes- 
 cennina to be derived from fascinum, either because 
 they were thought to be a protection against sor- 
 cerers and witches, or because fascinum (pha/lus), 
 the symbol of fertility, had in early times, or in 
 rural districts, been connected with the amusements 
 of the fescennina. But whatever may be thought 
 of this etymology, it is of importance not to be 
 misled by the common opinion that the fescennina 
 were of Etruscan origin. [L. S.] 
 
 FESTU'CA. [Servu.s.] 
 
 FETIA'LES, a college (Liv. xsxvi. 3) of Ro- 
 man priests who acted as the guardians of the 
 public faith. It was their province, when any 
 dispute arose \vith a foreign state, to demand satis- 
 faction, to determine the circumstances under 
 which hostilities might be commenced, to perform 
 the various religious rites attendant on the solemn 
 declaration of war, and to preside at the formal 
 ratification of peace. These functions are briefly 
 but comprehensively defined liy Varro (TJc Lhi;/. 
 iMt. V. 86. ed. Mliller), " Fetiales. . .hdei publicae 
 inter populos praeerant : nam per hos fiebat ut 
 justum conciperetur bellum et inde desitum, ut 
 foedere fides pacis constituerctur. Ex his mit- 
 tebantur,antequam conciperetur, qui res repeterent, 
 et per hos etiam nunc fit focdus," to which we 
 may add the old law ([uotcd by Cicero {Dc Ja'(i<i. 
 
 ii. 9), " FOEDBRUM, PACls, BELLI, INDHCLARUM 
 ORATORES FeTIALES .lUDK'ESCiUE SUNTO ; BELLA 
 
 DiscEPTANTO." Diouysius (ii. 72) and Livy (i. 
 32) detail at considerable length the ceremonies 
 observed by the Romans in the earlier ages, when 
 they felt themselves aggrieved by a neighbouring 
 people. It appears that when an injury had been 
 sustained, four fetiales (Varro, «p. Nan.) were 
 deputed to seek redress, who again elected one of 
 their number to act as their representative. This 
 individual was stjded the paler pairatus populi 
 Romani. A fillet of white wool was bound round 
 his head, together with a wreath of sacred herbs 
 gathered within the inclosure of the Capitoline 
 hill [Verbenak ; Sagmina], whence he was 
 sometimes named Verhenarius. (Plin. //. A', xxii. 
 2.) Thus equipped he proceeded to the confines 
 of the offending tribe, where he halted and ad- 
 dressed a prayer to Jupiter, calling the god to wit- 
 ness, with heavy imprecations, that his complaints 
 were well founded and liis demands reason;.l)le. 
 He then crossed the border, and the same fonn 
 was repeated in nearly the same words to the first 
 native of the soil whom he might chance to meet ; 
 again a third time to the sentinel or any citizen 
 whom he encountered at the gate of the chief 
 town ; and a fourth time to the magistrates in the 
 forum in presence of the people. If a satisfactory 
 answer was not I'eturncd within thirty days, after 
 
 publicly deliveringasolemn denunciation, — in which 
 the gods celestial, terrestrial, and infernal were 
 invoked, — of what might be expected to follow, he 
 returned to Rome, and, accompanied by the rest 
 of the fetiales, made a report of his mission to the 
 senate. If the people (Liv. x. 45), as well as the 
 senate, decided for war, the pater patratus again 
 set forth to the border of the hostile territory, and 
 launched a spear tipped with iron, or charred at 
 the extremity and smeared with blood (emblematic 
 doubtless of fire and slaughter) across the boun- 
 dary, pronouncing at the same time a solemn 
 declaration of war. The demand for redress and 
 the proclamation of hostilities were alike termed 
 claritjutiii, which word the Romans in later times 
 explained hy dare repetere (Plin. //. A^. xxii. 3; 
 Serv. ad Virg. Aen. ix. 53) ; but Giittling {Ge- 
 sehiclite der Roni.Siaafsi-e>-f.]).\96)a,ni other modem 
 writers, connect it with the Doric fonn of Krjpv^ 
 and KTiQVKeinv. 
 
 Several of the formulae employed on these occa- 
 sions have lieen preserved hy Livy ( i. 24. 32), and 
 Aulus Gellius (xvi. 4), forming a portion of the 
 Jus Fetiale by which the college was regulated. 
 The services of the fetiales were considered abso- 
 lutely essential in concluding a treaty (Liv. ix. 5); 
 and we read that at the termination of the second 
 Punic war fetiales were sent over to Africa, who 
 carried with them their own verbenae and their 
 own flint stones for smiting the victim. Here also 
 the chief was termed jKiier patratus. (Liv. xxx. 
 
 The institution of these priests was ascribed hy 
 tradition, in common with other matters con- 
 nected with religion, to Numa (Uionys. ii. 71); 
 and although Livy (i. 32) speaks as if he attri- 
 buted their introduction to Ancus Martins, yet in 
 an earlier chapter (i. 24) he supposes them to have 
 existed in the reign of Ilostilius. The whole 
 system is said to have been borrowed from the 
 Aequicolae or the Ardeates(Liv. and Dionys. I.e.), 
 and similar usages undoubtedly prevailed among 
 the Latin states ; for it is clear that a formula, 
 preserved by Livy (i. 32), must have been em- 
 ployed when the pater patratus of the Romans was 
 put in communication with the pater patratus of 
 the Prisci Latiui. 
 
 The number of the fetiales cannot be ascertained 
 with certainty, but some have inferred from a pas- 
 sage quoted from Varro by Nonius (xii. 43) that 
 it amounted to twenty ; of whom Niebuhr sup- 
 poses ten were elected from the Ramnes and 
 ten from the Titienses ; but Gottling {(leschichte der 
 Rum. Siuatsrerf. p. 1.95) thinks it more probable 
 that they were at first all chosen from the Ramnes, 
 as the Sabines were originally unactiuainted with 
 the use of fetiales. They were originally selected 
 from the most noble families ; their office lasted for 
 life (Dionys. ii. 72); and it seems probable that 
 vacancies were filled up by the college (cooptutime) 
 until tlie passing of the Lex Domitia, when in com- 
 mon with most other priests they woidd be nomi- 
 nated in the comitia tributa. This, however, is 
 nowhere expressly stated. 
 
 The etymology of feiiulis is uncertain. Varro 
 would connect it with fidus and fi^'dus; Festus 
 with ferio or facio : while some modern scholars 
 suppose it to be allied to <frj/ii', and thus (priTiaAeis 
 would be oratores, .•s]:>eakers. In inscriptions we 
 find both fctialis and fecialis; but since in (jreek 
 MSS. the word always appears under some one of 
 
FIBULA. 
 
 FICTILE. 
 
 417 
 
 the forma ^TjTioAeis, <p(ria,\€is, <(>iTid\eis, the 
 I', orthography we have adopted in tliis article is 
 
 ■ probably correct. 
 
 I The explanation given by Livy (i. 24) of the 
 i origin oftlie term Paier Pairatiis is satisfacton,-: — 
 1 " Pater Patratus ad jusjurandum patrandum, id 
 
 ■ est, sanciendum fit foedus ;" and we may at once 
 reject the speculations of Servius {ad Aeii. ix. 53 ; 
 
 ]x. 14 ; xii. 206) and Plutarch (Q. R. p. 127. ed. 
 ';Reiske); the former of whom supposes that he was 
 \ so called because it was necessarj' that his father 
 if should be alive, the latter that the name indicated 
 i that his father was living, and that he himself was 
 I the father of children. [W. R.] 
 
 f FIBULA (irepiim], irepocis, trepovTiTyis : irSpTrr], 
 •iitntofm'is : ei'errj), a brooch, consisting of a pin 
 '{acws), and of a curved portion furnished with a 
 'hook (kA^Is, Hom. Od. xviii. 293). The curved 
 (portion was sometimes a circular ring or disc, the 
 
 pin passing across its centre (woodcut, figs. 1, 2), 
 'and sometimes an arc, the pin being as the chord 
 lof the arc (fig. 3). The forms of brooches, which 
 
 were commonly of gold or bronze, and more rarely 
 'of'silver (Aelian, V. H. i. 18), were, however, as 
 
 various in ancient as in modern times ; for the 
 (fibula served in dress not merely as a fastening, 
 ibut also as an ornament. (Hom. Od. xix. 2,56, 257 ; 
 ,;Eurip. Phoen. 821.) 
 
 Women wore the fibula both with the Amictus 
 and the indutus; men wore it with the amictus 
 only. Its most frequent use was to pin together 
 two parts of the scarf [Chlamys], shawl, or 
 blanket, which constituted the amictus, so as to 
 fasten it over the right shoulder. (Soph. Tradi. 
 923; Theocrit. xiv. 66; Ovid, Met viii. 318; 
 Tacit. Germ. 17.) [Woodcuts, p. 2. 6. 68. 160. 
 209. 216. 223. 268.] More rarely we see it over 
 the breast. [Woodcuts, p. 37. 171. 223.] The 
 'jpithet (TepoTTopvos was applied to a person wear- 
 ing the fibula on one shoulder only (Schol. in 
 Eurip. Hec. 933, 934) ; for women often wore it 
 m both shoulders. [Woodcuts, p. 86. 201. 208. 
 234.] In consequence of the habit of putting on 
 ■;he amictus with the aid of a fibula, it was called 
 Tepovrlfia or eixn-epovTuxa (Theocrit. Adoii. 34. 79), 
 iropTT-fiixa (Eurip. Elect. 820), or d/xir^x"''''! T^^po- 
 "fris (Bninck, Anal. ii. 28). The splendid shawl 
 ">{ Ulysses, described in the Odyssey (xix. 225 — 
 231), was provided with two small pipes for ad- 
 aitting the pin of the golden brooch ; this contri- 
 rance would secure the cloth from being torn. The 
 lighest degree of ornament was bestowed upon 
 wooches after the fall of the western empire, 
 lustin II. (Corippus, ii. 122), and many of the 
 miperors who preceded him, as we perceive from 
 "he portraits on their medals, wore upon their 
 •ight shoulders fibulae, from which jewels, attach- 
 
 ed by three small chains, depended. (Beger, Tkes. 
 Pal. p. 407, 408, &c.) 
 
 It has been already stated tliat women often 
 wore the fibula on both shoulders. In addition to 
 this, a lady sometimes displayed an elegant row of 
 brooches down each arm upon the sleeves of her 
 tunic (Aelian, V. H. i. 18), examples of which are 
 seen in many ancient statues. It was also fashion- 
 able to wear them on the breast (Isid. Oru;. xix. 
 30); and another occasional distinction of female 
 attire, in later times, was the use of the fibula in 
 tucking up the tunic above the knee. 
 
 Not only might slight accidents to the person 
 arise from wearing brooches (Hom. //. v. 426), but 
 they were sometimes used, especiallj' by females, to 
 inflict serious injuries. The pin of the fibula is the 
 instnunent, which the Phrj'gian women employ to 
 deprive Polymnestor of his sight by piercing his 
 pupils (Eurip. Hec. 1170), and with which the 
 Athenian women, having first blinded a man, then 
 dispatch him. (Herod, v. 87 ; Schol. in Eurip. Hec. 
 934.) Oedipus strikes the pupils of his own eye- 
 balls with a brooch taken from the dress of Jocasta 
 (Soph. Off/. Tijr. 1269 ; Eurip. Phoen. 62). For 
 the same reason wepovdoi meant to pierce as with a 
 fibula (ircpoVTjire, " pinned him," Hom. vii. 145; 
 xiii. 397). 
 
 X'ery large brooches are sometimes discovered, 
 evidently intended to hold up curtains or tapestry 
 [Tapes. Velum]. 
 
 Brooches were succeeded by buckles, especially 
 among the Romans, who called them by the same 
 name. The preceding woodcut shows on the right 
 hand the forms of four bronze buckles from the 
 collection in the British Museum. This article of 
 dress was chiefly used to fasten the belt [Balteus], 
 and the girdle [Zona]. (Virg. Aen. xii. 274; 
 Lydus, He Mag. Reyni. ii. 13 ; Isid. I. c.) It ap- 
 pears to have been in general much more richly 
 ornamented than the brooch ; for, although Ha- 
 drian was simple and unexpensive in this as well 
 as in other matters of costume (Spartiani, Had. 
 10), yet many of his successors were exceedingly 
 prone to display buckles set with jewels {fibulae 
 gemmaiae). 
 
 The terms which have now been illustrated as ap- 
 plied to articles of dress, were also used to denote 
 pins variously introduced in carpentry ; c. g. the 
 linch-pins of a chariot (Parthen.6); the wooden pins 
 inserted through the sides of a boat, to which the 
 sailors fasten their lines or ropes (ApoU. Rhod. i. 
 567) ; the trenails which unite the posts and 
 planks of a wooden bridge (Caesar, B. G. iv. 17) ; 
 and the pins fixed into the top of a wooden tri- 
 angle used as a mechanical engine (Vitruv. x. 2). 
 
 The practice of infibulating singers, alluded to 
 by Juvenal and Martial, is described in Rhodius 
 He Acia and Pitiscus. [J. Y.] 
 
 FI'CTILE ( K(pdiJ.os, Kepdniov, SarpaKov, 
 ocrrpaKivov), earthenware, a vessel or other article 
 made of baked clay. 
 
 The instruments used in pottery {ars figulina) 
 were the following : — 1. The wheel (rpoxos, orhis, 
 rota, " rota figidaris," Plant. Epid. iii. 2. 35), 
 which is mentioned by Homer {II. xviii. 600), and 
 is among the most ancient of all human inventions. 
 According to the representations of it on the walls 
 of Egj'ptian tombs ( Wilkinson, Manners and Cus- 
 toms, iii. p. 163), it was a circular table, placed on 
 a cylindrical pedestal, and turning freely on a 
 point. The workman, having placed a lump of 
 
418 
 
 FICTILE. 
 
 FICTILE. 
 
 clay upon it, whirled it swiftlj' with his left hand, 
 and employed his right in moulding tlie clay to 
 the requisite shape. Hence a dish is called " the 
 daughter of the wheel" (rpoxv^oLTOs K6pri, Xcnar- 
 chus, ap. Atlicn. ii. p. G4). 2. Pieces of wood or 
 bone, which the potter (K6pa,ueuy, fiiiuhis) held in 
 his right hand, and applied occasionally to the 
 surface of the clay during its revolution. A pointed 
 stick, touching the clay, would inscribe a circle 
 upon it ; and circles were in this manner disposed 
 parallel to one another, and in any number, ac- 
 cording to the fancy of the artist. By ha\-ing the 
 end of the stick cun-ed or indented, andby turning 
 it in different directions, he woidd impress many 
 beautiful varieties of form and outline upon his 
 vases. 3. Moulds {formac, tuttoi, Schol. in Arisi. 
 £cch's. 1), used either to decorate with figures in 
 relief (ttpoVtutto) vessels which had been thrown 
 on the wheel, or to produce foliage, animals, or 
 any other appearances, on Antefixa, on cornices 
 of terra cotta, and imitative or ornamental pottery 
 of all other kinds, in which the wheel was not 
 adapted to give the first shape. The annexed 
 woodcut shows three moulds, which were found 
 near Rome by M. Seroux d'Agincourt. {I-tecuei/ de 
 Frar/mi'iis, p. 88 — 92.) They are cut in stone. 
 One of them was probably used for making ante- 
 fixa, and the other two for making hearts and 
 legs, designed to be suspended by poor persons 
 "ex voto" in the temples and sanctuaries. [Do- 
 NARIA.] Copies of the same subject, which might 
 
 in this manner be multiplied to any extent, were 
 called " ectj-pa." 4. Gravers or scalpels, used by 
 skilful modellers in giving to figures of all kinds a 
 more perfect finish and a higher relief than could 
 be produced by the use of moulds. These instru- 
 ments, exceedingly simple in themselves, and de- 
 riving their efficiency altogether from the ability 
 and taste of the sculptor, would not only contri- 
 bute to the more exquisite decoration of earthen 
 vessels, but would be almost the only tools appli- 
 cable for making " Dii fictiles," or gods of baked 
 earth, and other entire figures. (Propert. ii. 3. 2,5 ; 
 iv. i. 5 ; Plin. //. xxxv. 45, 46 ; Sen. Co/is. ad 
 Alh. 10; d.yd\uaTa €K ittjAoC, orrrji ytjs, Paus. 
 i. 2. 4 ; i. 3. 1 ; vii. 22. 6.) These were among 
 the earliest efforts of the plastic art, and even in 
 times of the greatest refinement and luxury they 
 continued to be regarded with reverence. 
 
 Vessels of all kinds were very frequently fur- 
 nished with at least one handle {ansa, ovas, us). 
 The Amphora was called Diota, because it had 
 two. The name of the potter was commonly 
 stamped upon the handle, the rim, or some other 
 part. Of this we have an example in the amphora, 
 adapted for holding grain or fruits, oil or wine, 
 
 which is here introduced from the work of Seroux 
 d'Agincourt. The figure on the riglit hand slu)ws 
 the name in the genitive case, " Maturi," im- 
 pressed on an oljlong surface which is seen on tlie 
 handle of the amphora. 
 
 The earth used for making pottery (/cegauiKij 
 77J, Geopon. ii. 49) was commonly red, and often 
 of so lively a colour as to resemble coral. Vau- 
 quelin found, by analysis, that a piece of Etniscan 
 earthenware containecl the following ingredients: — , 
 Silica, 53; alumina, 15; lime, 8; oxide of iron, 
 24. To the great abundance of the last constitu- 
 ent the deep red colour is to be attributed. Otiici 
 pottery is bro\vn or cream-coloured, and sometimes 
 white. The pipe-clay, which must have been used 
 for white ware, is called "figlina creta." (Varro, 
 Re Rust. iii. 9.) Some of the ancient earthenware 
 is throughout its substance black, an effect pro- 
 duced by mixing the earth with comminuted as- 
 phaltum (f/affates), or with some other bituminous 
 or oleaginous substance. It appears also that as- 
 phaltum, with pitch and tar, both mineral anc 
 vegetable, was used to cover the surface like a var 
 nish. In the finer kinds of earthenware this var- 
 nish served as a black paint, and to its applicatioi 
 many of the most beautiful vases owe the decora 
 tions which are now so highly admired. (Plin. H 
 N. xxxvi. 34.) But the coarser vessels, designee 
 for common purposes, were also smeared witl 
 pitch, and had it burnt into them, because by thi: 
 kind of encaustic they became more impervious t( 
 moisture and less liable to decay. (Hor. Carm. i 
 20. 3; Plin. //. A^. xiv. 20, 21.) Hence ■ 
 " dolium picatum fictile " was used, as well as ; 
 glass jar, to hold pickles. (Colum. Rc Rust. xii. IC 
 54.) Also the year of the vintage was inscribe' 
 by the use of pitch, either upon the amphora 
 themselves or upon the labels [pittacia, scluidia] 
 which were tied round their necks. (Plaut. JSpif 
 iv. 2. 15; Hor. Carm. iii. 21. 1 — 5.) Althoug 
 oily or bituminous substances were most commonl 
 employed in pottery to produce by the aid of fir 
 (eu 6e fieKavBeiev, Horn. Epi</. xiv. 3) the vari 
 ous shades of black and brown, the vessels, befor 
 being sent for the last time to the furnace [Fop 
 NAx], were sometimes immersed in that fine! 
 prepared mud, now technically called " slip," b 
 which the surface is both smoothed and glazed, an 
 at the same time receives a fresh colour. Ruddli 
 or red ochre (ix(\tos, ruljrica), was principally em 
 ployed for this purpose. (Suidas, s. v. KuKiaho 
 Kepa/xfjes.) To produce a further variety in th 
 
I FICTILE. 
 
 'paintings upon vases the artists employed a few 
 liiiillitly coloured earths and niotallic ores. 
 
 As we niiglit expect concerning an art so indis- 
 pensable as that of the potter, it was practised to 
 a great extent in every ancient nation ; even the 
 most uncivilized not being strangers to it, and 
 
 ! sometimes displaying a surprising degree of dexte- 
 rity. The remains of an ancient pottery have been 
 found in Britain, and some of the potters' names, 
 preserved on their works, are probably Britiish. 
 We are told of a place called the Potteries (/''«/- 
 limie) in Gaul. Numa instituted a corporation of 
 potters at Rome. (Plin. H. N. xxxv. 46.) Men- 
 tion has already been made of Egj-pt, and there 
 
 : are frequent allusions to the art in the ancient 
 writings of the .Tews. We also read of its pro- 
 ductions in Tralles, Pergamus, Cnidus, Chios, 
 Sicyon, Corinth, Cumae, Adria, Modena, and 
 Nola, from which city the exports of earthenware 
 were considerable, and where some of the most ex- 
 
 ' quisite specimens are still discovered. But three 
 places were distinguished above all others for the 
 extent and excellence of this beautiful manufac- 
 ture : — 1. Samos, to which the Romans resorted 
 
 ^ for the articles of earthenware necessary at meals, 
 
 i and intended for use rather tlian display. (Plaut. 
 
 , Bacch. ii. 2. 24 ; Stick, v. 4. 12 ; Tibull. ii. 3. 51 ; 
 Cic. pro Murcna, 36 ; Plin. //. A'^ xxxv. 46 ; 
 TertuU. Apol. 2.5 ; Auson. Epi;/.) 2. Athens, a 
 considerable part of which was called Ceramicus, 
 lietause it was inhabited by potters. In this quar- 
 ter of the city were temples dedicated to Athena, 
 as presiding over every kind of handicraft, and to 
 the two fire-gods, Hephaistos and Prometheus, the 
 latter of whom was also the mythical inventor of 
 the art of modelling. Various traditions respect- 
 ing Coroelius and others point to the early efforts of 
 the Athenian potters (Plin. H.N.v'n.H'i ; xxxv. 4.5; 
 
 I Critias ap. At/ien. i. p. 28. c.) ; and it is a remark- 
 
 I able circumstance that the enemies of free trade, 
 and especially of Athenian influence at Aegina and 
 
 ' Argos, imposed restrictions on the use of these 
 
 I productions. (Herod, v. 88.) The Athenian ware 
 was of the finest description ; the master-pieces 
 were publicly exhibited at the P.\nathenak.a, 
 
 I and were given, filled with oil, to the victors at 
 
 ! the games ; in consequence of which, we now read 
 on some of them, in the British Museum aiul other 
 
 ; collections, the inscription Tiv 'Ae-nvT]eev a6\wv, 
 or other equivalent expressions. (Pind. Ncm. x. 
 35; Schol. and Bijckb, adloc: Biickh, Corp. Ins. 
 Gr. p. 49.) 
 
 Many other specimens were presents given to 
 relations and friends on particular occasions, and 
 often distinguished by the epithets Ka\6s and 
 KoX-i'i added to their names. A circumstance which 
 contributed to the success of the Athenians in this 
 manufacture, was a mine of fine potter's clay in 
 the Colian Promontory, near Phalerum. (Suidas, 
 I. c; Athen. xi. p. 482.) The articles made from 
 it became so fashionable, that Plutarch (Z>6' Am/it.), 
 describing an act of extreme folly, compares it to 
 that of the man who, havmg swallowed poison, re- 
 fuses to take the antidote unless it be administered 
 to him in a cup made of Colian clay. Some of the 
 " Panathenaic" vases, as they were called, are 
 i two feet in height, which accords with what is 
 1 said by ancient authors of their uncommon size. 
 (Athen. xi. p. 4!)5 ; Biickh, to Find. Fnig. No. 
 89.) A diota was often stamped upon the coins 
 of Athens, in allusion to the facts which have now 
 
 FICTILE. 419 
 
 been explained. 3. Etniria, especially the cities 
 of Aretiinn and Tarquinii. Wliilst the Athenian 
 potters excelled aU others in the manufacture of 
 vessels, the Tuscans, besides exercising this branch 
 of industry to a great extent though in a less 
 tasteful and elaborate manner, were very remark- 
 able for their skill in producing all kinds of statuary 
 in baked clay. Even the most celebrated of the 
 Roman temples were adorned, both within and 
 witiiout, by the aid of these productions. The 
 most distinguished among tiiem was an entire 
 quadriga, made at Veii, which sunnounted the 
 pediment of the temple of Jupiter Capitolinus. 
 (Plin. H. N. xxviii. 2 ; xxxv. 45 ; xxxvi. 2 ; K. 
 U. MUUer, Etnishr, iv. 3. 1, 2.) The Etrurians 
 also manifested their partiality to this branch of 
 art by recurring to it for tlu^ pui-jjose of inteiTOent; 
 for whilst Pliny mentions (//. N. xxxv. 46), that 
 many persons preferred to be buried in earthen 
 jars, and in other parts of Italy the bones of the 
 dead have been found preserved in amphorae. 
 Etruria alone has afforded examples, some of them 
 now deposited in the British Museum, of large 
 sarcophagi made wholly of terra cotta, and orna- 
 mented with figures in bas-relief and with recum- 
 bent statues of the deceased. 
 
 Among many qualities which we admire in the 
 Greek potterj', not the least wonderful is its thin- 
 ness (Ae-jrra, Pint. AprrpMli. ) and consequent light- 
 ness, notwithstanding the great size of the vessels 
 and the perfect regularity and elegance of their 
 forms. That it was an object of ambition to excel 
 in this respect we learn from the story of a master 
 and his pupil, who contended which could throw 
 tlu^ thinnest clay, and whose two amphorae, the 
 result of the trial, were preserved in the temple at 
 Eryt'nrae. (Plin. H. N. xxxv. 46.) 
 
 The Greeks and Romans contented themselves 
 with using earthenware on aU occasions until the 
 time of Alexander the Great : the Macedonian 
 conquests introduced from the East a taste for 
 vessels of gold and silver, in which, however, the 
 Spartans rcfu.sed to indulge themselves. The Per- 
 sians, on the contrary, held earthenware in so low 
 estimation, that they condemned persons to drink 
 out of fictile vessels as a punishment. (Athen. vi. 
 p. 229. c ; xi. 464. A, 483, c, d.) But although 
 the Romans, as they deviated from the ancient 
 simplicity, made a great display of the more splen- 
 did kinds of vessels, yet they continued to look 
 upon pottery not only with respect but even with 
 veneration. (Ovid, Met. viii. 690 ; Cic. ad Att. vi. 
 1 ; Juv. iii. 168; x. 25.) They called to mind the 
 magnanimity of the Consul Curius, who preferred 
 the use of his own earthenware to the gold of the 
 Samnites (Florus, i. 18); thej' reckoned some of 
 their consecrated terra-cottas, and especially the 
 above-mentioned quadriga, among the safeguards 
 of their imperial city (Serv. ad Viry. Aen. vii; 
 188); and, bound by old associations and the 
 traditions of their eai'liest history, they considered 
 earthen vessels proper for religious ceremonies, 
 although gold and silver might be admitted in their 
 private entertainments (TertuU. /. c.) ; for Pliny 
 says (H. N. xxxv. 46), that the productions of 
 this class, " both in regard to their skilful fabrica- 
 tion and their high antiquity, were more sacred, 
 and certainly nuire innocent, than gold." 
 
 Another term, often used as synonymous with 
 fictile WHS testa. [KfAIE: DoLiu.-vi ; Later; 
 Patera ; Patina ; Tegula.] [J. Y.] 
 
 2 E 2 
 
420 FIDEICOMMISSUM. 
 
 FIDEICOMMISSUM. 
 
 FICTIO. Fictions in Roman law are like fic- 
 tions in English law, of which it has been said that 
 they are " those things that have nn real essence 
 in their own body, but are so acknowledged and 
 accepted in law for some especial purpose." The 
 fictions of the Roman law apparently had their 
 origin in the edictal power, and they were devised 
 for the purpose of providing for cases where there 
 was no legislative provision. A fiction supposed 
 something to be which was not; but the thing sup- 
 posed to be was such a thing as, being admitted to 
 be a fact, gave to some person a right or imposed 
 on some person a duty. Various instances of 
 fictions are mentioned by Gains. One instance is 
 that of a person who had obtained the bonorum 
 possessio ex edicto. As he was not heres, he had 
 no direct action: he could neither claim the pro- 
 perty of the defunct as his (legal) property, nor 
 could he claim a debt due to tlie defunct as his 
 (legal) debt. He therefore brought his suit (/«- 
 ieridit) as heres ( ficto se Iterede), and the formula 
 was accordingly adapted to the fiction. In the 
 Publiciana Actio, the fiction was that the possessor 
 had obtained by usucapion the ownership of the 
 thing of which he had lost the possession. A 
 woman by coemptio, and a male by being adrogat- 
 ed, ceased, according to the civil law, to be debtors, 
 if they were debtors before ; for by the coemptio 
 and adrogatio the)' had sustained a capitis diminu- 
 tio, and there could be no direct action against 
 them. But as this capitis diminutio might be made 
 available for fraudulent purposes, an actio utilis 
 ■was still allowed against such persons, the fiction 
 being that they had sustained no capitis diminutio. 
 The formula did not (as it appears ft'om Gains) 
 express the fiction as a fact, but it ran thus: — If 
 it shall appear that such and such are the facts 
 (the facts in issue), and that the party, plaintiff or 
 defendant, would have such and such a right, 
 or be liable to such and such a duty, if such and 
 such other facts (the facts supposed) were true ; et 
 reliqua. (Gains, iv. 32, &c.) 
 
 It was by a fiction that the notion of legal 
 capacity was extended to artificial persons, that 
 is, to such persons as were merely supposed to 
 exist for legal purposes. [Collegium ; Fiscus.] 
 Numerous instances of fictions occur in the chap- 
 ters intitled Jurhiische Persoiien in Savigny's recent 
 work, intitled Sysiem des heid. R. R. vol. ii. [G.L.] 
 
 FIDEICOMMISSUM may be defined to be a 
 testamentary disposition, by which a person who 
 gives a thing to another imposes on him the obli- 
 gation of transferring it to a third person. The 
 obligation was not created by words of legal bind- 
 ing force {civilia verba), but by words of request 
 (precative), such as " fideiconiraitto," "peto," " volo 
 dari," and the like; which were the operative words 
 {verba utiliu). If the object of the fideicommissum 
 was the hereditas, the whole or a part, it was 
 called fideicommissaria hereditas, which is equiva- 
 lent to a universal fideicommissum ; if it was a 
 single thing or a sum of money, it was called fidei- 
 commissum singulae rei. The obligation to transfer 
 the former could only be iinposed on the heres ; 
 the obligation of transferring the latter might be im- 
 posed on a legatee. 
 
 By the legislation of Justinian a fideicommis- 
 sum of the hereditas was a universal succession ; 
 but before his time the person entitled to it was 
 sometimes " heredis loco," and sometimes " lega- 
 tarii loco." The heres still remained heres after , 
 
 he had parted with the hereditas. Though the 
 fideicommissum resembled a vulgar substitution, it 
 differed from it in this : — in the case of a vulgar 
 substitution, the substituted person only became 
 heres when the first person, named heres, failed to 
 become such ; in the case of the fideicommissum, 
 the second heres had only a claim on the inheri- 
 tance when the person, named the heres, had 
 actually become such. There could be no fidei- 
 commissum unless there was a heres. 
 
 The person who created the fideicommissum 
 must be a person who was capable of making a 
 will ; but he might create a fideicommissum with- 
 out having made a will. The person who was to 
 receive the benefit of the fideicommissum was the 
 I fideicommissarius; the person on whom the obliga- 
 I tion was laid was the fiduciarius. The fideicom- 
 1 missarius himself might be bound to give the fidei- 
 commissum to a second fideicommissarius. Originally 
 the fideicommissarius was considered as a purchaser 
 (emptoris loco) ; and when the heres transferred to 
 him the hereditas, mutual covenants (cautioiies), 
 were entered into by whicii the heres was not to 
 be answerable for any thing which he had been 
 bound to do as heres, nor for what he had given 
 bona fide, and if an action was brought against 
 him as heres, he was to be defended. On the 
 other hand the fideicommissarius {<jui recipiebat 
 hercditufcin) was to have whatever part of the 
 hereditas might still come to the hands of the heres. 
 and was to be allowed to prosecute all rights ol 
 action which the heres might have. But it was en- 
 acted by the senatus-consultum Trebellianum, ii: 
 the time of Nero, that when the heres had given 
 up the property to the fideicommissarius, all right 
 of action by or against the heres should be trans- 
 ferred to the fideicommissarius. The praetor ac- 
 cordingly gave utiles actiones to and against tht 
 fideicommissarius, which were promulgated by tht 
 edict. From this time the heres ceased to requin 
 from the fideicommissarius the covenants wliicl' 
 he had formerly taken as his security against hi: 
 general liabilities as heres. 
 
 As fideicommissa were sometimes lost because 
 the heres would not accept the inheritance, it was 
 enacted by the senatus-consultum Pegasianum, in th( 
 time of Vespasian, that the fiduciarius might retair 
 one fourth of the hereditas, and the same powei 
 of retainer was allowed him in the case of single 
 things. In this case the heres was liable to all debti 
 and charges (wif TO /teredifaria) ; but the same agree 
 ment was made between him and the fideicommis 
 sarins which was made between the heres and tlu 
 legatus partiarius, that is, the profit or loss of th( 
 inheritance was shared between them according tr 
 their shares (pro rata paiie). Accordingly, if the 
 heres was required to restore not more than three 
 fourths of the hereditas, the senatus-consultun 
 Trebellianum took elfect, and any loss was bom( 
 by him and the fideicommissarius in proportioi 
 to their shares. If the heres was required to re 
 store more than three-fourths or the whole, thi 
 senatus-consultum Pegasianum applied. If th' 
 heres refused to take possession of (adire) thi 
 hereditas, the fideicommissarius could compel him 
 by application to the praetor, to take possession o 
 it, and to restore it to him ; but all the costs ant 
 charges accompanying the hereditas were borne hj 
 the fideicommissarius. 
 
 Whether the heres was sole heir (ex asse), ant 
 required to restore the whole or a part of tht 
 
FIDEICOMMiSSUM. 
 
 FIDUCIA. 
 
 421 
 
 licreJitas, or whether he was not sole heir (ej. 
 parte) and was required to restore the whole of 
 Mich part, or a part of such part, was innnaterial : 
 in all cases the S. C. Pegasianum gave him a fourth. 
 
 By the legislation of Justinian the senatus-con- 
 sulta Treljellianum and I'ogasianuni were consoli- 
 dated, and the following niles were established : — 
 . The heres who was charged with a universal tidei- 
 ' commissiun always retained one-fourth part of the 
 hereditas, now called (juarta Trebellianica, and all 
 ( claims on behalf of or against the heredit;is were 
 i shared between the fiduciarius andfideicomniissarius 
 who was considered heredis loco. If the fiduciarius 
 suffered himself to be compelled to take the iuherit- 
 I ance, he lost his Quarta, and any other advantage 
 i that he might have from tlie hereditas. If the tidu- 
 } ciarius was in possession, tlie fideiconnnissarius had 
 a personal actio ex testamonto, agjiinst him for the 
 hereditas. If not in possession, ho nmst at least 
 , verbally assent to the claim of the tideicommissarius, 
 ■ who had then the hereditatis pctitiotideicommissaria 
 • against any person who was in possession of the 
 property. 
 
 The Quarta Trebellianica is in fact the Falcidia, 
 applied to tlie case of universal fideicommissa. 
 Accordingly, the heres only was intitled to it, and 
 not a hdeicoiiimissarius, who was liiniself charged 
 with a fideicommissum. If there were several 
 heredes charged with fideicommissa, each was in- 
 titled to a quarta of his portion of the hereditas. 
 The heres was intitled to retain a fourth out of the 
 hereditas, not including tlierein what lie took as 
 : legatee. 
 
 The fiduciarius was bound to restore the here- 
 ditas at the time named by the testator, or, if no 
 time was named, immediately after taking posses- 
 sion of it. He was intitled to be indenmihed for : 
 all proper costs and charges which he had sustained 
 with respect to the hereditas ; but he was answer- 
 ! able for any damage or loss which it had sustained 
 through his culpa. 
 
 Res singTilae might also be the objects of a fidei- 
 commissum, as a particular piece of land, a slave, 
 a garment, piece of silver, or a sum of money; and 
 the duty of giving it to the tideicommissarius might i 
 be imposed either on the heres or on a legatee. In i 
 this way a slave also might receive his liberty, and i 
 the request to manumit might be addressed either : 
 to the heres or the legatarius. The slave when i 
 mamunitted was the libertus of the person who i 
 manumitted him. There were many differences 1 
 between fideicommissa of single things and legacies. 1 
 A person about to die intestate might charge his i 
 heres with a fideicommissum, whereas a legacy i 
 could only be given by a testament, or by a codicil | 
 which was confirmed by a proper declaration of t 
 the testator in a will ; but a fideicommissum could 
 be given by a simple codicil not so confirmed. A 
 heres instituted by a will might be requested by a 
 codicU, not so confirmed as above, to transfer the 
 whole hereditas, or a part, to a third person. A i 
 woman who was prevented by the provisions of . 
 the Voconia lex from taking a certain hereditas, s 
 might take it as a fideicommissum. The Latini, ( 
 also, who were prohibited by the Lex Junia f 
 from taking hereditates and legacies by direct < 
 gift {directo jure) could take by fideicommissa. t 
 It was not legal to name a person as heres, ] 
 and also to name another who, after the death of ' 
 the heres, should become heres ; but it was lawful 1 
 to request the heres on his death to transfer the 
 
 whole or a part of the hereditas to another. In 
 I this way a test;itor indirectly exercised a testa- 
 mentary power over his property for a longer 
 period than the law allowed him to do directly. A 
 man sued for a legacy per fi>nnulam ; but he sued 
 for a fideicommissum befiire the consul or praetor 
 for fideicommissa at Rome, and in the provinces 
 before the praeses. A fideicommissum was valid, 
 if given in the Greek language, but a legacy was 
 not, until a late period. 
 
 It appears that there were no legal means of en- 
 forcing the due discharge of the trust called fidei- 
 commissum till the time of Augustus, who gave 
 the consuls jurisdiction in fideicommissa. In the 
 time of Claudius praetores fideicommissarii were 
 appointed : in the provinces the praesides took cog- 
 nizance of fideicommissa. The consuls still retained 
 their jurisdiction, but only exercised it in impor- 
 tant cases. (<iuintil. lust. iii. 6.) The proceeding 
 was always extra ordinem. (Gaius, ii. 228 ; Ulp. 
 Fniy. tit. 25. s. 12.) Fideicommissa seem to have 
 been introduced in order to evade the civil law, 
 and to give the hereditas, or a legacy, to a person 
 who was either incapacitated from taking directly, 
 or who could not take as much as the donor wished 
 to give. Gaius, when observing that peregrini could 
 take fideicimimissa, observes that " this " (the ob- 
 ject of evading the law) " was probably the origin 
 of fideicommissa;" but by a senatus-consultum made 
 in the time of Hadrian, such fideicommissa were 
 claimed by the fiseus. They are supposed to be 
 the commendationes mintuorum mentioned by 
 Cicero (dc Fin. iii. 20). We have an example in 
 the case of Q. P. Rufus (Val. Max. iv. 2. 9), who, 
 being in exile, was legally incapacitated from 
 taking any thing under the will of a Roman citi- 
 zen, but could claim it from his mother, who was 
 the heres fiduciarius. They were also adopted in 
 the case of gifts to women, in order to evade 
 the Lex Voconia [Voconia Lex]; and in 
 the case of proscribed persons (Cic. Ver. i. 47); 
 incertae personae, Latini, peregrini, coelibes, orbi. 
 But the senatus-consultum Pegasianum destroyed 
 the capacity of coelibes and orbi to t;ike fideicom- 
 missa, and gave them to those persons mentioned 
 in the will who had children, and in default of 
 such to the populus, as in the case of hereditates 
 and legata. [Bona Caduca.] Municipia could 
 not take as lieredes [Collegium] ; but by the 
 senatus-consultum Apronianura, which was pro- 
 bably passed in the time of Hadrian, they could 
 take a fideicommissa hereditas. (Ulp. Frui). tit. 22. 
 s. 5 ; Plin. A/). V. 7.) [Hereditas.] Fideicom- 
 missa were ultimately assimilated to legacies. 
 [ Legatum.] (Gaius, ii. 247 — 289 ; Ulp. Frag. 
 tit. 25.) [G. L.] 
 
 FIDEJU'SSIO. [INTERCES.SIO.] 
 
 FIDEPRO'MISSIO. [Intercbssio.] 
 FIDES. [Lyra.] 
 
 FIDI'CULAE is said to have been an instru- 
 ment of torture, consisting of a number of strings. 
 According to some modern writers, it was the 
 same as the equuleus, or at all events formed part 
 of it. [Equuleus.] The term, however, appears 
 to be applied to any strings, whether forming part 
 of the equuleus or not, by which the limbs or ex- 
 tremities of individuals were tied tightly. (Val. 
 Max. iii. § 5 ; Sueton. Tib. 62, Cal. 3-3 ; Cod. 
 Theodos. 9. tit. 35. s. 1 ; Sigonius, De Jud. iii. 
 17.) 
 
 FIDU'CIA. If a man transferred his property 
 
422 
 
 FIMBRIAE. 
 
 Discus. 
 
 to another, on condition that it should be restored 
 to him, this contract was called Fiducia, and the 
 person to whom the property was so transferred was 
 said fiduciam accipere. (Cic. Top. c. 10.) A man 
 might transfer his property to another for the sake 
 of greater security in time of danger, or for other 
 sufficient reason. (Gains, ii. 60.) The contract of 
 fiducia or pactum fiduciae also existed in the case 
 of pignus ; and in the case of mancipation [Eman- 
 ciPATio]. The hereditas itself might be an object 
 of fiducia [Fideicommissum]. The trustee was 
 bound to discharge his trust by restoring the thing: 
 if he did not, he was liable to an actio fiduciae or 
 fiduciaria, which was an actio bonae fidei. (Cic. 
 Off.m. 15; Ad Fan. vii. 12.) If the trustee 
 was condemned in the action, the consequence was 
 infamia. Cicero enumerates the judicium fiduciae 
 with that tutelae and societatis as " judicia sum- 
 mae existimationis et paene capitis " (Cic. Pro 
 Ros. Com. c. 6), where he is evidently alluding to 
 the consequence of infamia. (Compare Savigny, 
 Systinii., &c. ii. 176.) 
 
 When the object for which a thing was trans- 
 ferred to another was attained, a remancipatio of 
 those things which required to be transferred by 
 mancipatio or in jure cessio was necessary; and 
 with this view a particular contract {pactum fidu- 
 ciae) was inserted in the formula of mancipatio. If 
 no remancipatio took place, but only a simple re- 
 stitutio, usucapio was necessary to restore the Quiri- 
 tarian ownership, and this was called usureceptio. 
 The contract of fiducia might be accompanied with 
 a condition, by virtue of which the fiducia might 
 cease in a given case, and thus the fiducia was con- 
 nected with the Commissoria Lex, as we see in 
 Paulus {Setit. Reccpt. ii. tit. 13), and in Cic. pro 
 Flacco, c. 21, " fiducia coramissa," which maybe 
 explained by reference to Commissum. (Gains, ii. 
 eO ; iii. 201 ; Rosshirt, Gruiutlinien, &c. § 9.9 ; 
 Rein, Das Rom. Privairccht ; Heinecc. Syntagma. 
 ed. Haubold.) ["G. L.] 
 
 FIDUCIA'RIA actio. [Actio.] 
 
 FIGLINAE. [Fictile.] 
 
 FI'MBRIAE (Kftoa-aol ; Jonicc, Sruaavoi, Greg. 
 Corinth.), thrums ; tassels ; a fringe. 
 
 When the weaver had finished any garment on 
 the loom [Tela], the thrums, i. e. the extremities 
 of the tlireads of the warp, hung in a row at the 
 bottom. In this state they were frequently left, 
 being considered oniamental. Often also, to pre- 
 vent them from ravelling, and to give a still more 
 artificial and ornamented appearance, they were 
 separated into bundles, each of which was twisted 
 ((rTpeTTTois dvaavois, Bninck, Anal. i. 416), and 
 tied in one or more knots. The thrums were 
 thus, by a very simple process, transfonned 
 into a row of tassels. The linen shirts, found in 
 Egjrptian tombs, sometimes show this ornament 
 along their lower edge, and illustrate, in a very in- 
 teresting manner, the description of these gannents 
 by Herodotus (ii. 81). Among the Greeks and 
 Romans fringes were seldom worn except hy fe- 
 males (Kpocrcrardv x'Twca, Brunck, ii. 525 ; Jacobs, 
 &c. ad he. ; Pollux, vii. 64 ; Sueton. Jul. 45). Of 
 their manner of displ.aying tliem the best idea may 
 be formed by the inspection of the annexed wood- 
 cut, taken from a small bronze, representing a 
 Roman lady who wears an inner and an outer 
 tunic, the latter being fringed, and over these a 
 large shawl or pallium. 
 
 Among barbarous nations the amictus was often 
 
 worn by men with a fringe, as is seen very con- 
 spicuously in the group of Sarmatians at p. 160. 
 By crossing the bundles of thrums, and tying 
 them at the points of intersection, a kind of net- 
 work was produced, and we are informed of a 
 fringe of this description, which was, moreover, 
 hung with bells. (Diod. Sic. xviii. 26.) With the 
 progress of luxury it appears that the ancients 
 manufactured fringes separately, and sewed them 
 to the borders of their garments. They were also 
 made of gold thread and other costly materials. 
 Of this kind was the ornament, consisting of a 
 hundred golden tassels, which surrounded the mj'- 
 thical shield of Jupiter, the alyis Srvaavoeaaa, 
 and which depended from the girdle of Juno. 
 (Horn. II. ii. 488 ; v. 738 ; xiv. 181 ; xvii. 593.) 
 
 In consequence of the tendency of wool to form 
 itself into separate bundles like tassels {pvaavniAv, 
 Aelian, //. A. xvi. 11), the poets speak of the 
 golden fleece as consisting of them (Find. Piilh. iv. 
 411 ; ApoU. Rhod. iv. 1146) ; and Cicero, declaim- 
 ing against the effeminacy of Gabinius, applies tlie 
 same expression to his curling locks of hair, {in 
 Pw. 11.) [J. Y.] 
 
 FI'NIUM REGUNDO'RUM ACTIO. If thr 
 boundaries of contiguous estates were accidentally 
 confused, each of the parties interested in the re- 
 establishment of the boundaries might have an 
 action against the other for that purpose. This 
 action belonged to the class of duplicia judicia 
 [Familiae Erciscundae Actio]. In this action 
 each party was bound to account for the fruits and 
 profits which he had received from any part of tht 
 land which did not belong to him, and also to 
 account for any injury which it had sustained 
 through his culpa. Each party was also entitled 
 to compensation for improvements made in the por- 
 tion of land which did not belong to him. (Uig. 10. 
 tit. 1.) [G. L.] 
 
 FISCUS. The following is Savigny's account 
 of the origin and meaning of this term : — 
 
 In the republican period, the state was desig- 
 nated by the term Aerai'iuni, in so far as it was 
 viewed with respect to its rights of property, whicli 
 
FISCUS. 
 
 FLABELLUM. 
 
 423 
 
 ultim<itely resolved tlicmselvcs into receipts into, 
 and pajnnents out of, tlie public chest. On the 
 establishment of the imperial power, there was a 
 division of the provinces between the senate, as 
 the representative of the old republic, and the 
 Caesar ; and there was consequently a division of 
 the most important branches of public income and 
 expenditure. The property of the senate retained 
 the name of Aerarium, and that of the Caesar, as 
 such, received the name of Fiscus. The private 
 property of tlie Caesar {res prir.ata Priitcipis, ratio 
 Caesaris) was quite distinct from that of the Fiscus. 
 The word Fiscus signified a wicker-basket, or pan- 
 nier, in which the Romans were accustomed to 
 keep and carry about large sums of money (Cic. 1. 
 Verr. c. 8; Phaedr. Fah. ii. 7); and hence Fis- 
 cus came to signify any person's treasure or money 
 cliest. The importance of the imperial Fiscus soon 
 led to the practice of appropriating the name to 
 that propert}' which the Caesar claimed as Caesar, 
 and tlie word Fiscus, without any adjunct, was 
 used in this sense {rcsjisci eat, Juv. Siit. 4. v. 54). 
 Ultimately the word came to signify generally the 
 property of the state, the Caesar having concen- 
 trated in himself all the sovereign power, and thus 
 the word Fiscus finally had the same signification 
 as Aerarium in the republican period. It does not 
 appear at what time the Aerarium was merged in 
 the Fiscus, tliough the distinction of name and of 
 thing continued at least to the time of Hadrian. 
 In the later periods, the words Aerarium and Fis- 
 cus were often used indiscriminately, but only in 
 the sense of the imperial chest, for tliere was then 
 no other public chest. So long as the distinction 
 existed between the aerarium and the fiscus, the 
 law relating to them severally might be expressed 
 by the terms jus populi and jus fisci, as in Paulus 
 (;Seiit. Recept. v. 12), though there is no reason for 
 applying the distinction to the time when Paulus 
 wrote ; for, as already observed, it had then long 
 ceased. 
 
 The Fiscus had a legal personal existence ; that 
 is, as the subject of certain rights, it was legally a 
 person, by virtue of the same fiction of law which 
 gave a personal existence to corporations, and the i 
 communities of cities and villages. But the Fiscus 
 difi'ered in many respects from other persons exist- j 
 ing by fiction of law ; and, as an instance, it was I 
 never under any incapacity as to taking an here- ] 
 ditas, which, for a long time, was the case with 
 corporations, for the reason given by Ulpian [Col- 
 legium]. These reasons would also apply to the 
 Populus, as well as to a Municipium, and yet the 
 populus is never alluded to as being under such 
 disability ; and in fact it could not, consistently 
 with being the source of all rights, be under any 
 legal disabilities. 
 
 Various officers, as Procuratores, Advocati [Ad- 
 VOCATU.SJ, Patroni, and Praefecti were employed 
 in the administration of the P'iscus. Nerva esta- 
 bhshcd a Praetor Fiscalis to administer the law in 
 matters relating to the Fiscus. The patrimoninm 
 or private property of the Caesar was administered 
 by Procuratores Caesaris. The privileges of the 
 Fiscus were, however, extended to the private 
 property {ratio) of the Caesar, and of his wife the 
 Augusta. (Dig. 49. tit. 14. s. 6.) 
 
 Property was acquired by the Fiscus in various 
 ways, enumerated in the Digest (49. tit. 14. s. 1), 
 many of which may be arranged under the head 
 of penalties and forfeitures. Thus, if a man was 
 
 led to commit suicide in consequence of having 
 done some criminal act {fa(jilimn), or if a man 
 made counterfeit coin, his property was forfeited to 
 the fiscus. (Paulus, S.R. v. 12.) the otticers of the 
 Fiscus generally received information {/tiinciatinncs) 
 of such occurrences from private individuals, who 
 were rewarded for their pains. Treasure {t/u-suurus) 
 which was found in certain places was also subject 
 to a claim on the part of the Fiscus. To explain 
 the rights and privileges of the P'iscus, and its ad- 
 ministration, would require a long discussion. (Dig. 
 49. tit. 14. Dc Jure Fisci; Cod. x. 1 ; Cod. Theod. 
 X. 1. ; Paulus, Sent. Rcccpt. v. 12 ; Savigny, System 
 dcs /iriit. Rum. R. vol. ii.; Fraymvntum veteris juris- 
 anisidli lie Jure Fisci, printed in Goeschen's edi- 
 tion of Gains ; Savigny, A^eu entdcckte Qiielhn dcs 
 Rom. R., Zeitschrift. iii.) [G. L.] 
 
 FISTULA. [Castellum ; Tibia.] 
 _ FLABELLUM, dim. FLABELLULUM, 
 (piTTis, pnria-Trjf), dim. pnri'Siov), a fan. " The e.x- 
 ercise of the fan," so wittily described by Addison 
 {Spect. No. 102), was wholly unknown to the 
 ancients. Neither were their fans so constructed 
 that they might be furled, unfurled, and fluttered, 
 nor were they even carried by the ladies themselves. 
 They were, it is true, of elegant forms, of delicate 
 colours {prasinu flutieUo, Mart. iii. 40), and some- 
 times of costly and splendid materials, such as pea- 
 cock's feathers (Propert. ii. 15) ; but they were 
 stiff and of a fixed shape, and were held by female 
 slaves {jiaheliiferae, Philemon, as translated by 
 Plant, friti. ii. 1. 22), by beautiful boys (Strato, 
 7i))iV/. 22), or by eunuchs (Eurip. Orest. 1408 — ■ 
 1412; Menander, p. 175. ed. Meineke ; and as 
 translated by Terence, Euti. iii. 5. 45 — 54), whose 
 duty it was to wave them so as to produce a cool- 
 ing breeze. (Brunck, Anal. ii. 92.) A gentleman 
 might, nevertheless, take the fan into his own 
 hand and use it in fanning a lady as a compliment. 
 (Ovid, yl/-s ylHj. i. IGl ; Amor. iii. 2. 38.) The 
 woodcut at p. 208 shows a female bestowing this 
 attendance upon her mistress. The fan which she 
 holds is apparently made of separate feathers joined 
 at the base, and also united both by a thread pas- 
 sing along their tips and by another stronger thread 
 tied to the middle of the shaft of each feather. 
 Another use of the fan was to drive away flies 
 from living persons, and from articles of food 
 which were either placed upon the table or oft'ered 
 in sacrifice. When intended for a fly-flapper it 
 was less stiff, and was called muiicarium{M.axt. xiy. 
 67), and livioaSSri (Menander, p. 175; Aelian, 
 //. A. XV. 14 ; Brunck, Ajial. ii. 388 ; iii. 92). In 
 short, the manner of using fans was precisely that 
 which is still practised in China, India, and other 
 parts of the East ; and Euripides (/. c.) says that 
 the Greeks derived their knowledge of them from 
 " barbarous " countries. The emperor Augustus 
 had a slave to fan him during his sleep (Sueton. 
 Auff. 82); for the use of fans was not confined to 
 females. 
 
 Besides separate feathers the ancient fan was 
 sometimes made of linen, extended upon a light 
 frame. (Strato, I. c.) From the above-cited pas- 
 sage of Euripides and the ancient Scholia upon it, 
 compared with representations of the flabellum in 
 ancient paintings, it also appears to have been 
 made by placing the two wings of a bird back to 
 back, fastening them together in this position, and 
 attaching a handle at the base. (See also Brunck, 
 Anal. ii. 258, nTepivav ^nriSo.) 
 
4-24 
 
 FLAGRUM. 
 
 FLAMEN. 
 
 A more homely application of the fan was its use 
 in cookery [Focus]. In a painting which repre- 
 sents a sacrifice to Isis (Ant. i/'Ercolaiui, ii. 60), a 
 priest is seen fanning tlie fire upon the altar with 
 a triangular flabellum, such as is stUl used in Italy. 
 This practice gave origin among classical writers to 
 expressions coiTesponding to ours, meaning to fan 
 the flame of hope (Alciph. iii. 47), of love (^iTrifeic, 
 Brunck, ii. 300), or of sedition (Aristoph. Ran. 
 360 ; Cic. pro Mac. 23). [J. Y.] 
 
 FLAGRUM, dim. FLAGELLUM (/^aa-nl), 
 a whip, a scourge, to the handle of which was 
 fixed a lash made of cords {fuidhus, Hor. Epod. 
 iv. 3 ; John, ii. 15), or thongs of leather (loris, 
 Hor. Epkt. i. 16. 47 ; aKuriva, Anac. p. 357. ed. 
 Fischer), especially thongs made from the ox's 
 hide [iuhidis cativiis, Plaut. Most. iv. I. 20). The 
 lash was often twisted. (Val. Flacc. viii. 20.) A 
 whip with a single lash was called scutica (Hor. 
 Sat. i. 3. 119); but it often had two lashes (Ai- 
 yvpa (xdaTiyi SittA??, Soph. AJua; 241), and is so 
 represented on various ancient monuments. (See 
 woodcut, p. 55.) 
 
 The whip was used in a great variety of ways : 
 — 1, by boys in whipping the top [Buxum] ; 2, 
 in threshing corn, when it was formed as a Jlail 
 (periicis Jlagellatur, Plin. //. A^. xviii. 30; Hieron. 
 in Isa. xxviii. 27) ; 3, in driving a chariot (Honi. 
 11. passim ; Mart. xiv. 55), or riding on horseback. 
 (Xen. de Rc Equest. viii. 4 ; x. 1.) For this pur- 
 pose the whip was sometimes splendidly orna- 
 mented ((paeivij, Horn. //. x. 500 ; xix. 395). 
 As a check to the cruel treatment of animals, 
 Constantine enacted a law forbidding any one in 
 riding and driving to use a severer instrument than 
 a switch or whip with a short point or spur at the 
 end. (Cod. Tlteud. ii.) 4. In Spartan and Roman 
 education. (Xen. de Lac. Rep. ii. 2 ; Mart. x. 61.) 
 The weapon of tlic Roman pedagogue was an eel's 
 skin, and was therefore called anyuiUa. (Plin. H. 
 N. ix. 39 ; Isid. Oriy. v. 27.) 5. In compelling 
 soldiers to fight under Asiatic monarchs. (Herod, 
 vii. 22. 56. 103. 223 ; Xen. Anah. iii. 4. § 25.) 
 6. In gratifying private resentment. (Catull. 
 xxi. 12; Val. Max. vi. 1. 13.) 7. In punish- 
 ing criminals (Xen. Hell. iii. 3. II), especially 
 before crucifixion. [Cri'.x.] 8. In punishing 
 slaves for running away (Xen. Cyrop. i. 4. 13) 
 or deserting to the enemy (Aristoph. Pujc. 451), or 
 merely to gratify the caprice and cruelty of their 
 owners. Thus females were punished by their 
 mistresses. (Juv. vi. 382.) The whip used to 
 punish slaves was a dreadful instrument {horrihile 
 JlayeUum, Hor. /. c), knotted with bones or heavy 
 indented circles of bronze (liffTpaYaAoiTi), Athen. 
 iv. 38), or terminated by hooks, in which case it 
 was aptly denominated a scorpion. (Isid. I. c. ; 
 2 Citron. X. 11.) The infliction of punishment 
 with it upon the naked back of the suti'erer (Juv. 
 I. c.) was sometimes fatal (Hor. Sat. i. 2. 41), and 
 was carried into execution by a class of persons, 
 themselves slaves, who were called lorarii. It ap- 
 pears that there was another class, who submitted 
 to be thus whipped for hire. (Festus, s.v. Flayra- 
 tores.) A slave who had been flogged was called 
 Jluyriu (p-aariyias, Philemon, p. 415. ed. Meiu. ; 
 Aristoph. Ran. 502; E</uit. 1225; Lys. 1242 ; 
 mastiyia, Plautus, passim; Ter. Adclph. v. 2. 6), 
 which of course became a term of mockerj' and 
 contempt. Duiing tlie Saturnalia the scourge was 
 deposited under the seal of tlie master. (Mart. 
 
 xiv. 79.) 9. In the contests of gladiators (TertuU. 
 Apol. 21 ), two of whom seem to be represented on 
 the coin here introduced. (See woodcut.) 10. In the 
 
 worship of Cybele, whose priests pretended to 
 propitiate her, and excited the compassion and 
 reverence of the multitude by flogging tliemselves 
 with scourges such as that here represented from 
 a bas-relief of this goddess in the museum of the 
 capitol at Rome. They were strung with tali 
 (dcTTpayaKol) from the feet of sheep (Apul. 
 Afct. viii.), and resembled the scourges employed 
 to punish slaves. 11. In the hands of Bellona and 
 the Furies. (Virg. Aen. vi. 570 ; sanyuineo flayello, 
 viii. 703 ; Val. Flac. I. c.) [J. Y.] 
 
 FLAMEN, the name for any Roman priest 
 who was devoted to the service of one particular 
 
 god (DlVISqUK ALUS ALII SACERDOTES, OMNIBUS 
 PONTIFICES, SINGULIS FLAMINES SUNTO, Cic. De 
 
 Leyy. ii. 8), and who received a distinguishing 
 epithet from the deity to whom he ministered. 
 i^Horum, sc. flaminuni, sinyuli coynomina habent 
 ab eo deo i/uoi sacra faciunt. Varro, De Liny. Lat. 
 V. 84.) The most dignified were those attached 
 to Diiovis, Mars, and Quirinus, the Flamen Diidis, 
 Flamcn Martialis, and Flamen Quirinalis. The 
 two first are said by Plutarch {Num. c. 7) to have 
 been established by Romulus; but the greater nmn- 
 ber of autliorities agree in referring the institution 
 of the whole three, in common with all other 
 matters connected with state religion, to Numa. 
 (Liv. i. 20 ; Dionys. ii. 64, &.c.) The number was 
 eventually increased to fifteen (Fest. s. v. Maaimae 
 diynationis): the three original tlamens were always 
 chosen from among the patricians, and styled 
 Majores (Gains, i. 112); the rest from the plebeians, 
 with the epithet 3/(no)-es( Fest. Majores Flumines). 
 Two inide lines of Ennius (Varro, De Liyiy. Lat. vii. 
 44) preserve the names of six of these, appointed, 
 says the poet, by Numa, — ■ 
 
 Voltiirnalem, PalatuaUm, Furinalem, 
 Floralemque, Falacrem et Pomonalem fecit 
 
 Hie idem 
 
 to which we may add the Flamen Volcanalis 
 (Varro, De Liny. ImI. v. 84), and the Flamen 
 Carmentalis (Cic. Brut. 14). We find in books of 
 antiquities mention made of the Virbialis, iMuren- 
 tialis, Lavinalin, and LuciiUaris, which would com- 
 plete the list ; but there is nothing to prove that 
 these four were Roman and not merely provincial 
 priests. 
 
 It is generally stated, upon the authority of 
 Aulus GeUius (xv. 27), that the flamens were 
 elected at the Comitia Curiata, and this was doubt- 
 less the case in tlie earlier times ; but upon ex- 
 amining the passage in question, it will be seen 
 that the grammarian speaks of their induc- 
 tion into ottice only, and therefore we may con- 
 
FLAMEN. 
 
 ;lude that subsequently to the passing of tlie Lex 
 Domitia they were chosen in the Comitia Tributa, 
 jspecially since so many of them were plebeians, 
 i A.fter being nominated by the people, they were 
 •eceived (aipii) and installed (inmuiuruhaniur) by 
 ",he Pontifex Maxiinus (Liv. xxvii. 8, xxix. 38; 
 V^al. Max. vi. ix. 3), to whose authority they were 
 It all times subject. (Liv. Epit. xix., xxxvii. 51 ; 
 Val. Max. I. i. § 2.) 
 
 The office was understood to last for life; but a 
 :3amen might be compelled to resign (flaminio 
 ihire) for a breach of duty, or even on account of 
 ;lie occurrence of an ill-omened accident while dis- 
 ;harging his functions. (Val. Max. i. i. 4.) 
 
 Their characteristic dress was the apex [Apex], 
 iiihe laena [Laena], and a laurel wreath. The 
 liaame, according to Varro and Festus, was derived 
 jfrom the band of white wool (ji/um, filamen, fla- 
 imen) which was wrapped round the apex, and 
 which they wore, without the apex, when the heat 
 WHS oppressive. (Serv. Vin/. Acn. viii. ')64.) This 
 istymology is more reasonable than the transforma- 
 tion o{ pikamincs (from pileiis) mXo flamines. (Plu- 
 tarch, Nam. 7.) The most distinguished of all the 
 'Samens was the Dialis; the lowest in rank the 
 Pomonalis. (Festus, s. v. Mammae diijnationis.) 
 : The former enjoyed many peculiai' honours. 
 When a vacancy occurred, three persons of patri- 
 •cian descent, whose parents had been married ac- 
 cording to the ceremonies of coiifarrcatio [Mar- 
 ;RIAGe], were nominated by the Comitia, one of 
 'whom was selected (captus), and consecrated (in- 
 \iugtirabatur) by the Pontifex Maximus. (Tacit. 
 Ann. iv. 16 ; Liv. xxvii. 8.) From that time for- 
 ward he was emancipated from the control of his 
 'father, and became sui juris. (Gains, i.l30; Ulpian, 
 Frag, x.5 ; Tac.Ann. iv. 16.) He alone of all priests 
 wore the alboyalerus [Albus Galerus] (Varro, 
 '(/). Gell. X. 15); he had a right to a lidor (Pint. 
 Q. R. p. 119, ed. Reiske), to the to(/a praetexta, 
 the sella curulis, and to a seat in the senate in 
 ivirtue of his office. This last privilege, after having 
 ibeen suffered to fall into disuse for a long period, 
 ,was asserted by C. Valerius Flaccus (b. c. 209), 
 and the claim allowed, more, however, says Livy, 
 in deference to his high personal character than 
 from a conviction of the justice of the demand. 
 (Liv. xxvii. 8; compare i. 20.) The Rex Scwrificu- 
 lus alone was entitled to recline above him at a 
 .banquet: if one in bonds took refuge in his house, 
 the chains were immediately struck off and con- 
 veyed through the impluvium to the roof, and 
 thence cast down into the street (Aul. GeU. x. 15): 
 if a criminal on his way to punishment met him, 
 and fell suppliant at his feet, he was respited for 
 that day (Aul. GeU. x. 15 ; Plut. Q. R. p. 166); 
 usages which remind us of the right of sanctuary 
 attached to the persons and dwellings of the papal 
 cardinals. 
 
 To counterbalance these high honours, the Dialis 
 was subjected to a midtitude of restrictions and 
 privations, a long catalogue of which has been com- 
 piled by Aulus Gellius (x. 15) from the works of 
 Fabius Pictor and Masurius Sabinus, while Plu- 
 tarch, in his Roman Questions, endeavours to explain 
 their import. Among these were the following : — 
 
 It was unlawful for him to be out of the city for 
 a single night (Liv. v. 52); a regulation which 
 seems to have been modified by Augustus, in so 
 far that an absence of two nights was pennitted 
 (Tacit. A7m. iii. 58. 71); and he was forbidden to 
 
 FLAMEN. 425 
 
 sleep out of his own bed for three nights consecu- 
 tively. Thus, it was impossible for him to under- 
 take the government of a province. He might not 
 mount upon horseback, nor even touch a horse, nor 
 look upon an amiy marshalled without the pomoe- 
 rium, and hence was seldom elected to the consul- 
 ship. Indeed, it would seem that originally he was 
 altogether precluded from seeking or accepting any 
 civil magistracy (Plut. Q. R. p. 169); but this last 
 prohibition was certainly not enforced in later 
 times. The object of the above rules was mani- 
 festly to make him literally Jovi addduiim sacer- 
 dotem ; to compel constant attention to the duties of 
 the priesthood ; to leave him in a gi'eat measure 
 without any temptation to neglect them. The 
 origin of the superstitions which we shall next 
 enumerate is not so clear, but the curious will find 
 abundance of speculation in Plutarch (^Q. R. p. 114. 
 118. 164—170), Festus (s. v. Edera and Eipio), 
 and Pliny (H. N. xviii."30; xxviii. 40). He was 
 not allowed to swear an oath, nor to wear a ring 
 " nisi pcrvio ct msso," that is, as they explain it, 
 unless plain and without stones (Kirchmann, De 
 Annulis, p. 14); nor to strip himself naked in the 
 open air, nor to go out without his proper head- 
 dress, nor to have a knot in any part of his attire, 
 nor to walk along a path over-canopied by vines. 
 He might not touch flour, nor leaven, nor leavened 
 bread, nor a dead body ; he might not enter a 
 hiistmn [Bustum], but was not prevented from 
 attending a funeral. He was forbidden either to 
 touch or to name a dog, a she-goat, ivy, beans, or 
 raw flesh. None but a free man might cut his 
 hair; the clippings of which, together with the pair- 
 ings of his nails, were buried beneath a felix urbor. 
 No one might sleep in his bed, the legs of which 
 were smeared with fine clay ; and it was unlawful 
 to place a box containing sacrificial cakes in con- 
 tact with the bedstead. 
 
 Flaminica was the name given to the wife of the 
 dialis. He was required to wed a virgin accord- 
 ing to the ceremonies of confarreatio, which regu- 
 lation also applied to the two other flamines 
 majores (Serv. ad Virtj. Ae7i. iv. 104. 374 ; 
 Gains, i. 112) ; and he could not marry a second 
 time. Hence, since her assistance was essen- 
 tial in the performance of certain ordinances, 
 a divorce was not permitted, and if she died the 
 dialis was obliged to resign. The restrictions im- 
 posed upon the flaminica were similar to those by 
 which her husband was fettered. (Aul. Gell. x. 15.) 
 Her dress consisted of a dyed robe (venenaio 
 operitur); her hair was plaited up with a purple 
 band in a conical form (tutulum); and she wore a 
 small square cloak with a border (rica), to which 
 was attached a slip cut from a /elix arbor. (Fest. 
 s. V. Tatulum, Rica; Varro, De Ling. Lai. vii. 44.) 
 It is difficult to determine what the rica really 
 was ; whether a short cloak, as appears most pro- 
 bable, or a napkin thrown over the head. She 
 was prohibited from mounting a staircase consist- 
 ing of more than three steps (the text of Aulus 
 Gellius is uncertain, but the object must have been 
 to prevent her ancles fi'om being seen ) ; and when 
 she went to the argd [Argei] she neither comb- 
 ed nor arranged her hair. On each of the nun- 
 dinae a ram was sacrificed to Jupiter in the regia 
 by the flaminica. (Macrob. i. 16.) 
 
 After the death of the flaraen Menila, who was 
 chosen consul suftectus on the expulsion of Cinna 
 (Velleius, ii. 20; Val. Max. ix. xii. 5), and who. 
 
426 
 
 FLORALIA. 
 
 FOCUS. 
 
 upon the restoration of the Marian faction, shed his 
 own blood in the sanctuary (b. c. 87), calling 
 down curses on his enemies with his dying breath 
 (Velleius, ii. 22), the priesthood remained vacant 
 until the consecration of Servius Maluginensis 
 (b. c. 11 ) by Augustus, then Pontifex Maximus. 
 Julius Caesar had indeed been nominated in his 
 1 7th year, but was never installed; and during the 
 whole of the above period the duties of the office 
 were discharged by the Pontifex Maximus. (Suet. 
 Jul, c. 1, compared with Velleius, ii. 43, and the 
 Commentators. See also Suet. Octav. xxxi.; Dio. 
 liv. 36 ; Tacit. Ami. iii. 58. The last quoted histo- 
 rian, if the text be correct, states that the interrup- 
 tion lasted for 72 years only.) 
 
 The municipal towns also had their flamens. 
 Thus the celebrated affray between Milo and 
 Clodius took place while the former was on his way 
 to Lanuvium, of which he was then dictator, to 
 declare the election of a flamen {ad Jlamiiiem pro- 
 denduiii). After the deification of the emperors, 
 flamens were appointed to superintend their wor- 
 ship in Rome and in all the provinces; and we find 
 constantly in inscriptions such titles as Flam en' 
 AuGUSTALis; Flamen Tiberii Caesaris; Fla- 
 MEN D. JuLii, &c., and sometimes Flamen Di- 
 voRUM Omnium (sc. imperatomm). 
 
 Flaminia, according to Festus and Aulas Gel- 
 lius (x. 15), was the house of the Flamen Dialis, 
 from which it was unlawful to carry out fire except 
 for sacred purposes. 
 
 Flaminiu, according to Festus, was also a name 
 given to a little priestess (sacerdotuhi), who assisted 
 the fiaminka in her duties. [W. R.] 
 
 COIN OF FLAMEN MARTIALIS. 
 
 (See Spanh. de Praat. et Usu Numism. i. p. 85.) 
 
 FLAMMEUM. [Marriage.] 
 
 FLORA'LIA, or Florales Ludi, a festival 
 which was celebrated at Rome in lionour of Flora 
 or Chloris. It was solemnized during five days, 
 beginning on the 28th of April and ending on the 
 2d of May. (Ovid, Fast. v. 185 ; Plin. H. N. 
 xviii. 29.) It was said to have been instituted at 
 Rome in 238 b. c, at the command of an oracle 
 in the Sibylline books, for the pui'pose of obtain- 
 ing from the goddess the protection of the blos- 
 soms (ut omnia bene dcflurcscereid, Plin. I.e. ; com- 
 pare Veil. Pat. i. 14 ; Varro, Dc Re Rust. i. 1). 
 Some time after its institution at Rome its 
 celebration was discontinued ; but in the con- 
 sulship of L. Postumius Albinus and M. Popilius 
 Laenas (173 B. c), it was restored, at the com- 
 mand of the senate, by the aedile C. Servilius 
 (Eckhel, Dc Num. Vet. v. p. 308 ; compare Ovid, 
 Fast. V. 329, <Scc.), as the blossoms in that 3-ear 
 had severely suffered from winds, hail, and rain. 
 The celebration was, as usual, conducted by the 
 aediles (Cic. in Verr. v. 14 ; Valcr. Max. ii. 10. 8 ; 
 Eckhel, /. c), and was carried on with excessive 
 merriment, drinking, and lascivious games. (Martial, | 
 
 i. 3 ; Senec. Epist. 9(i.) From Valerius Maximus 
 we learn that tiieatrical and mimic representations 
 formed a principal part of the various amusements, 
 and that it was customary for the assembled peo- 
 ple on this occasion to demand the female actors to 
 appear naked upon the stage, and to anmse the 
 multitude with their indecent gestures and dances. 
 This indecency is probably the only ground on 
 which the absurd storj' of its origin, related by 
 Lactantius (Instiiut. i. 20), is founded. Similar 
 festivals, chiefly in spring and autumn, are in 
 southern countries seasons for rejoicing, and, as it 
 were, called forth by the season of the year itself, 
 without any distinct connection with any particu- 
 lar divinity ; they are to this day very popular in 
 ltal}'(Voss. ad Virg.Guury. ii. 385), and in ancient 
 times we find them celebrated from the southern to 
 the northern extremity of Italy. (See 'AN0E2*O'- 
 PIA, and Justin, xliii. 4.) The Floralia were 
 originally festivals of the country people, which 
 were afterwards, in Italj' as in Greece, introduced 
 into the towns, where they naturally assumed a 
 more dissolute and licentious character, while the 
 coimtry people continued to celebrate them inthcii 
 old and merry but innocent manner. And it is 
 highly probable that such festivals did not become 
 connected with the worship of any particular deitj 
 until a comparatively late period. (Buttmann. 
 MytholiMj. ii. p. 54.) This would account for the 
 late introduction of the Floralia at Rome, as wel 
 as for the manner in which we find them celebrated 
 there. ( See Spanheim, De Praest. et Usu Numism 
 
 ii. p. 14,5, &c.) [L. S.] 
 FOCA'LE, a covering for the ears and neck 
 
 made of wool and worn by infirm and delicate per 
 sons. (Hor. Sat. ii. 3. 255 ; Sen. (^u. Nat. iv. 13 
 Quintil. xi. 3. 144 ; Mart. i. 121 ; xiv. 142.) 
 
 [J. Y.] 
 
 FOCUS, dim. FO'CULUS [iaria: iaxapa 
 etrxapi'y, dim. (<rxdpiov), a fire-place ; a hearth ; i 
 brazier. The fire-place, considered as the highes 
 member of an altar, is described under Ara, p. 67 
 Used by itself, it possessed the same sacred cha 
 racter, being, among the Romans, dedicated to th 
 Lares of each family. ( Plaut. A ul. ii. 8. 16; Catc 
 De Re Rust. 15 ; Ovid, Fast. ii. 589. 611 ; iii. 423 
 Juv. xii. 85 — 95.) It was, nevertlieless, made sul 
 servient to all the requirements of ordinary lift 
 (Hor. Epod. ii. 43 ; Epist. i. 5. 7 ; Ovid, Met. vii 
 673 ; Sen. De Cuns. ad Alb. 1.) It was sometime 
 constructed of stone or brick, in which case it w; 
 elevated only a few inches above the ground, an 
 remained on the same spot ; but it was also fn 
 quently made of bronze, and it was then various! 
 ornamented, and was carried continually from plac 
 to place. This movable-hearth, or brazier, w; 
 properly called foculus and etrxapo. One is sho« 
 at p. 139. Another, found at Caere in Etruri 
 and preserved in the British Museum, is represeii 
 ed in the annexed woodcut. 
 
I FOEDERATAE CIVITATES. 
 
 In Aristophanes {Ackir. 888) persons are told 
 V to bring the brazier and the fan " [Flabellum]. 
 A''hen a brazier was brought to Alexander the 
 livat, scantily supplied with fuel in very cold 
 I rather, he requested to have either wood or frank- 
 ncense, giving his host the option of treating him 
 ither as a man or a god. (Plut. Apoph. Rc<j. vol. i. 
 ;i. 717. ed. Wytten ; Died. Sic. xviii. 61 ; Polyaen. 
 itrat. iv. 8 ; viii. 32 ; Cato, De Re Rust. 1 1 ; Virg. 
 Hen. xii. 118. "285 ; Servius, ad II. ; Cic. Pro Dom. 
 \yj ; Tertull. Apol. 9.) In the time of the Roman 
 iimperors the brazier of burning charcoal was sonie- 
 -;imes brought to fcible with the meat for the pur- 
 ')Ose of keeping it hot, so that, as Seneca says, the 
 idtchen accompanied the dinner. 
 
 In accordance with the sentiments of veneration 
 with which the domestic fire-place was regarded, 
 'we find that the exercise of hospitality was at the 
 iiame time an act of religious worship. Thus the 
 Roasting of a hog in the cottage of the swine-herd 
 lin the Odyssey (xiv. 418 — 438) is described as a 
 isacrifice. To swear " by the royal hearth " was 
 ithe most sacred oath among the Scythians. (Herod, 
 fiv. 68.) Suppliants, strangers, all who sought for 
 imercy and favour, had recourse to the domestic 
 'hearth as to an altar. (Hom. Od. vii. 153 — 169; 
 Apoll. Rhod. iv. 693.) The phrase "pro aris et 
 focis " was used to express attachment to all that 
 was most deal' and venerable. (Cic. De Nat. Dcur. 
 iii. 40; Flor. iii. 13.) 
 
 Among the Romans tlip focus was placed in the 
 'Atrium, which, in primitive times, was their kit- 
 chen and dining-room. (Virg. Acn. i. 726 ; Servius, 
 'od loc.) There it remained, as we see in numerous 
 'examples at Pompeii, even after the progress of re- 
 
 • finement had led to the use of another part of the 
 house for culinary purposes. On festivals the 
 house-wife decorated the hearth with gnirlands 
 
 }(Cato, De Re Rud. 143; Ovid, Trist. v. 5. 10); a 
 i' woollen fillet was sometimes added. (Propert. iv. 
 
 ■ 6. 1- — 6.) In faim-houses the servants, who were 
 
 • often very numerous, were always disposed for the 
 ' purpose of taking their meals around the hearth. 
 
 (Hor. Epod. ii. 66; Col De Re Rust. xi. 1.) 
 The focus, though commonly square, admitted of 
 I a great variety of forms and ornaments. At Pharae, 
 I in Achaia, a marble hearth was placed before a 
 ' statue of Mercury in the forum, having bronze 
 lamps fastened to it with lead. (Pans. vii. 22. § 2.) 
 To adapt the focus to culinary purposes, a grid-ii'on, 
 supported by fom- feet, was placed over the fire, 
 so as to hold pots and pans as well as steaks, chops, 
 and other pieces of meat which were to be roasted. ; 
 
 ■ {Craticula, Mart. xiv. 221 ; Apic. viii.6 ;T€Tpa7roi;i' 
 irvpos yi<pvpav, Brunck, Anal. ii. 215 ; Jacobs, ad I 
 
 ' loc.) Some of the braziers found at Pompeii also 
 include contrivances for boiling water. [J. Y.] 
 
 FOEDERA'TAE CIVITA'TES, FOEDE- 
 RA'TI, SO'CII. In the seventh century of Rome 
 these names expressed those Itiilian states which 
 were connected with Rome by a treaty [/ix'dus). 
 These names did not include Roman colonies or 
 Latin colonies, or any place which had obtained 
 the Roman civitas. Among the foederati were the 
 Latini, who were the most nearly related to the 
 Romans, and were designated by this distinctive 
 name ; the rest of the foederati were comprised 
 under the collective name of Socii or Foederati. 
 They were independent states, yet under a general 
 liability to furnish a contingent to the Roman 
 
 , army. Thus they contributed to increase the power 
 
 FOEDERATAE CIVITATES. 427 
 
 of Rome, but they had not the privileges of Ro- 
 man citizens. The relations of any particular 
 federate state to Rome might have some peculiari- 
 ties, but the general relation was that expressed 
 above ; a kind of condition, inconsistent with the 
 sovereignty of the federates, and the first stage to- 
 wards unconditional submission. The discontent 
 among the foederati, and their claims to be ad- 
 mitted to the privileges of Roman citizens, led to 
 the Social War. The Julia Lex (b. c. 90) gave the 
 ciNatas to the Socii and Latini ; and a Lex of the 
 following year contained, among other provisions, 
 one for the admission to the Roman civitas of those 
 peregrini who were entered on the lists of the 
 citizens of federate states, and who complied with 
 the provisions of the lex. [Civitas.] It appears, 
 however, that this Lex Julia, and probably also 
 the Lex of the following year, contained a condi- 
 tion that the federate state should consent to ac- 
 cept what the Leges offered, or, as it was techni- 
 cally expressed, " populus fundus fieret." (Cic. 
 Pro Bulbo, c. 8.) Those who did not become fundi 
 populi did not obtain the civitas. Balbus, the 
 client of Cicero, was a citizen of Gadcs, a federate 
 town in Spain. Pompey had conferred the Roman 
 civitas on Balbus, by virtue of certain powers given 
 to him by a lex. It was objected to Balbus that 
 he could not have the civitas, urJess the state to 
 which he belonged, " fundus factus esset ; " which 
 was a complete misapprehension, for the term fun- 
 dus, in this sense, applied to a ichole state or com- 
 munity, whether federate or other free state, which 
 accepted what was offered, and not to an individual 
 of such state or community who might accept the 
 Roman civitas witliout asking the consent of his 
 fellow citizens at home, or without all of them re- 
 ceiving the same privilege that was offered to him- 
 self. The people of a state which had accepted 
 the Roman civitas (fundus /'actus est), were called, 
 in reference to their condition after such acceptance, 
 "fundani." This word only occurs in the Latin 
 inscription (the Lex Romana) of the tablet of 
 Heraclea, 1. 85, and proves that the inscription is 
 posterior to the Lex Julia de Civitate. It has 
 indeed been supposed that the word may refer to 
 the acceptance by the state of Heraclea of this lex 
 which is on the tablet ; but there is no doubt that 
 it refers to the prior lex which gave the civitas. 
 [Fundus.] 
 
 It must be observed that the acceptance of the 
 two Leges above mentioned could only refer to the 
 federate states, and the few old Latin states. The 
 Latinae coloniae also received the civitas by the 
 Julia Lex ; but as they were under the sovereignty 
 of Rome, their consent to the provisions of this Lex 
 was not required. 
 
 Before the passing of the Julia Lex, it was not 
 unusual for the Socii and Latini to adopt Roman 
 leges into their own system, as examples of which 
 Cicero mentions the Lex Furia de Testimientis, and 
 the Lex Voconia de Mulierum Hcreditatibus ; and 
 he adds that there were other instiuices (Pro 
 Ball/0, c. 8). In such cases, the state which 
 adopted a Roman Lex was said " in eam legem 
 fmidus fieri." It hardly needs remark that the 
 state which adopted a Roman Lex, did not thereby 
 obtain for its citizens any privileges with respect 
 to the Roman state : the federate state merely 
 adopted the provisions of the Roman Lex as being 
 applicable to its own circumstances. 
 
 An apparent difficulty is caused by the undoubt- 
 
428 
 
 FOLLIS.. 
 
 FORFEX. 
 
 ed fact, that the provisions of the Lex Julia re- 
 quired that the states which wished to avail them- 
 selves of its benefits, should consent to accept 
 them. As the federate states commenced the war 
 in order to obtain the civitas, it may be asked why 
 was it given to them on the condition of becoming 
 " fundus ? " In addition to the reasons for such 
 condition, which are suggested by Savigny, it may 
 be observed that the lex only expressed in terms 
 what would necessarily have been implied, if it 
 had not been expressed : a federate state must of 
 necessity declare by a public act its consent to ac- 
 cept such a proposal as was contained in the Lex 
 Julia. It appears from the cases of Heraclea and 
 Naples, that the citizens of a federate state were 
 not in all cases unanimous in changing their fonner 
 alliance with Rome into an incorporation with the 
 Roman state. [Civitas.] 
 
 There were federate cities beyond the limits of 
 Italy, as shown by the example of Gades : Sagun- 
 tum and Massilia also are enumerated among such 
 cities. (Savigny, Volhschluss der Ta fel Von Hera- 
 clea, Zeitschrift, &c. vol. ix. ; Mazochi, TaJi. Herac. 
 p. 46,5.) [G. L.] 
 
 FOENUS. [Interest of Money.] 
 FOLLIS, dim. FOLLI'CULUS, an inflated 
 ball of leather, perhaps originally the skin of a 
 quadruped filled with air: Martial (iv. 19) calls 
 it " light as a feather." Boys and old men among 
 the Romans threw it from one to another with 
 their arms and hands as a gentle exercise of the 
 body, unattended with danger. (Mart. vii. 31 ; xiv. 
 45. 47 ; Athen. i. 25.) The emperor Augustus 
 (Suet. Ati(j. 83) became fond of the exercise as he 
 grew old. 
 
 Boxers practised upon an inflated skin hung up 
 for the pui'pose {fullis pugilatorius, Plaut. }iud. iii. 
 4. l(i). 
 
 The term /hllis is also applied to a leather purse 
 or bag (Plaut.vl;;^.ii.4."23 ; Juv.xiv.281) ; and the 
 diminutive fulliculiis to the swollen capsule of a 
 plant, the husk of a seed, or any thing of similar 
 appearance. (Sen. Nat. Quaest. v. 18; TertuU. De 
 Res. Cam. 52.) 
 
 Two inflated skins {Svo cpvirai, Herod, i. C8 ; 
 ttiifvpa, F.pliori Fraf/. p. 188; Trprjo'T'^pej, ApoU. 
 Rhod. iv. 7<)3. 777), constituting a pair of hellows, 
 and having valves adjusted to the natural apertures 
 at one part for admitting the air, and a pipe in- 
 serted into another part for its emission, were an 
 essential piece of furniture in every forge and foun- 
 dry. {II. xviii. 372—470 ; Virg. Ae7i. viii. 449.) 
 Among the Egyptians the two bellows were blown 
 by a man who stood with his right and left foot 
 pressing upon each alternately, and who drew each 
 upward by means of a cord so as to fill it with air 
 again as soon as the weight of his body was taken 
 away from it. (Wilkinson, Man. and Cast. iii. p. 
 338.) According to the nature and extent of the 
 work to be done the bellows were made of the 
 hides of oxen {tatiriuis foUihus, Virg. Geory. iv. 
 171), or of goats (Mrcitivi, Hor. Sat. i. 4. 19), and 
 other smaller animals. The nozle of the bellows 
 was called aKpocpvaiov or d.Kpo(n6fiiov (Thucyd. iv. 
 100; Eust. in //. xviii. 470). In bellows made 
 after the fashion of those exhibited in the lamp 
 here introduced from Bartoli {Aid. Lucerne,\\\.'2\), 
 we may imagine the skin to have been placed be- 
 tween the two boards so as to produce a machine 
 like that which we now commonly employ. 
 
 [J. Y.] 
 
 FORCEPS {irvpaypa), tongs or pincers ; an ir 
 strument invented, as the etymology indicates, fo 
 taking hold of what is hot (/ori-um, Festus, s. v. 
 Servius, ad Virg. Geory. iv. 175; ^-ira. viii. 453 
 xii. 404), used by smiths, and therefore attribute- 
 to Vulcan and the Cyclopes. (Virg. II. a:; Hon) 
 IL xviii. 477 ; Od. iii. 434 ; Callim. in Del. 144 
 foreipe curva, Ovid, Alet. xii. 277.) [Incus 
 Malleus.] 
 
 A forceps, of an appropriate form (d^ovrdypa) 
 was employed for drawing teeth (Lucil. Sat. xix.) 
 and another to extract from the wounded the head: 
 of arrows and other missiles {a.pSto6i^pa, Virg. Aeii 
 xii. 404 ; Servius, ad loc.). Pincers were used fron 
 the earliest times by tyrants as an instrument o 
 torture. (Ovid, Met. vi. 557 ; Synes. Epist. 58 
 KapKivois aiSrtpois, Diod. Sic. xx. 71.) The tern 
 Ko-pKivos, which properly meant a crab, was appliei 
 metaphorically to pincers on account of the simi- 
 larity of tliis instrument to the claw of the crab 
 (llustath. in Horn. I. c. ; Brunck, Anal. ii. 21C 
 Plin. //. iV. ix. 51.) [J. Y.] 
 
 FORES. [House.] 
 
 FORFEX, dim. FORFICULA {^aXis, dim 
 ^aAihiov), shears (Serv. in Viry. Aen. viii. 453) 
 used, 1. in shearing sheep, as represented in th( 
 annexed woodcut, which is taken from a carnelian 
 
 in the Stcsch collection of antique gems at Berlin ; 
 2. in cutting hair (Eurip. Orest. 954 ; Schol. in loc, 
 Bmnck, Anal. iii. 9; Virg. Catal. vii. 9 ; /cm 
 hideidi, Ciris, 213) ; 3. in clijjping hedges, myrtles, 
 and other shrubs (if/aMa'Tol fj.vppiuaves, Hierocles 
 up. Stolj. Serm. 05); 4. in clearing bad grapee 
 from the bunch. (Col. De Re Rust. xii. 43.) 
 
 In military manoeuvres the forfex was a tenaille. 
 i. e. a body of troops arranged in the fonn of an 
 acute angle, so as to receive and overcome the op- 
 posite body, called a CuNEUS. (Gell. x. 9 ; Am. 
 Marc. xvi. 11.) 
 
 In architecture the term ^aXls denoted a con- 
 struction which was probably the origin of the arcli 
 (MaccuUoch's ]Vest. Islands, i. p. 142, iii. p. 4.9). 
 consisting of two stones leaning against each other 
 so as to fonn an acute angle overhead, as is seen 
 in the entrance to the pyramid of Cheops and in 
 the ruins of Mycenae; and gradually brought ncarei 
 to the forms which we now employ. (See woodcut. 
 
i FORMULA. 
 
 76.) (Plat. De. Leg;i. xii. p. 292. ed. Bekker ; 
 ' liod. Sic. ii. 9 ; Strabo, xvi. 1. 5 ; xvii. 1. 42 ; 
 oseplius, B. J. XV. 9. 6.) 
 
 The same tenns were also metaphorically applied 
 1 the mandibles of insects, which are like minute 
 hears, and to the claws of crustacca (\j/aAi5o(TTo/iOi, 
 lom. Bat. 286 ; Plin. //. A^. ix. 51, xxxii. 53). 
 
 [J. Y.] 
 
 FORI. [Navis.] 
 
 FORMA, dim. FORMULA, second dim. FOR- 
 ijIELL.'V (tuttos), a pattern, a mould ; any con- 
 i-ivance adapted to convey its own shape to some 
 ^lastic or flexible material, including moulds for 
 iiaking, L pottery [Fictile]. 2. Pastry (formeUa, 
 ipic. ix. 13). Some of these, made of bronze, 
 ave been found at Pompeii. 3. Cheese (Col. De 
 \ieRusl. vii. 8). Hence the cheeses themselves are 
 galled /o)-m«te (Pallad. Be Re Rust. vi. 9 ). The 
 Iner moulds for this purpose were made of box- 
 Lood (formae huirae) [Buxus]. 4. Bricks (Pal- 
 lid, vi. 12;. 5. Coins. These moulds were made 
 (f a kind of stone, which was indestructible by 
 I eat. (Plin. H.N.xxx\i. 49.) The mode of pour- 
 ing into them the melted metal for casting the 
 foins will be best understood from the annexed 
 Voodcut, which represents one side of a mould, en- 
 raved by Seroux d'Agincourt {Reciieil de Fray- 
 
 nens, pi. 34). Various moulds are engraved by 
 .''icoroni ( De Plumheis A nt. Num. ad Jin. ). 6. Walls 
 )f the kind, now called pise, which were built in 
 Africa, in Spain, and about Tarentum. ( Varro, De 
 Re Rust, i. 14; Pallad. i. 34; parietes formacei, 
 Plin. H. N. XXXV. 48. ) 7. The shoemaker's last 
 was also called /braia (Hor. iSui. ii 3. 106) and 
 ''eniipellium ( Feslus, s. r.), in Greek KaKoirovs 
 '[Plato, Conviv. p. 404. ed. Bekker), whence Galen 
 iays {Therap. ix. 16), that physicians who want 
 liscrimination in the treatment of their patients, 
 irc like shoemakers who make shoes from the same 
 ast (eVl /caAoTToSi) for all their customers. 
 
 The spouts and channels of aquaeducts are called 
 ^'ormae, perhaps from their resemblance to some of 
 the moulds included in the above enumeration. 
 (Frontin. De Aqtcaeduct. 75. 126.) [J. Y.] 
 
 FO'RMULA. [Actio.] 
 
 FORNAX. 429 
 
 FORNACA'LIA was a festival in honour of 
 Fornax, tlie goddess of furnaces, in order that the 
 corn might be properly baked. (Festus, s. r.) This 
 ancient festival is said to have been instituted by 
 Numa. (Plin. H. N. xviii. 2.) The time for its 
 celebration was proclaimed every year by the Curio 
 Maximus, who announced in tablets, which were 
 placed in the forum, the different part which each 
 curia had to take in the celeliration of the festival. 
 Those persons wlio did not know to what curia 
 they belonged, performed the sacred rites on the 
 Quirinalia, called from this circumstance the Stu]- 
 tonim ferine, which fell on the last day of the 
 Fornacalia. (Ovid, Fasti, ii. 527 ; Varro, De Ling. 
 Lat. vi. 13, with Mliller's note; Festus, s. ti. 
 Quiritialia, StuJtor. ferine.) 
 
 The Fornacalia continued to be celebrated in 
 the time of Lactantius. (Lactant. i. 20.) 
 
 FORNAX, dim. FORNA'CULA («:o^i(coi, 
 dim. Kau'wiov), a kiln ; a furnace. The construc- 
 tion of the kilns used for baking earthenware 
 [Fictile] may be seen in the annexed woodcut, 
 which represents part of a Roman pottery discover- 
 ed at Castor, in Northamptonshire. (Artis's Duro- 
 lirivae, Lond. 1828.) The dome-shaped roof has 
 been destroyed ; but the flat circular floor on which 
 the earthenware was set to be baked is preserved 
 
 entire. The middle of this floor is supported by a 
 thick column of brick-work, which is encircled by 
 the oven (fiirnus, KKiSavos). The entrance to the 
 oven (pruefurnium) is seen in front. The lower 
 part of a smelting-furnace, shaped like an inverted 
 bell, and sunk into the eartli, with an opening and 
 a channel at the bottom for the discharge of the 
 melted metal, has been discovered near Aries. 
 (Florencourt, uher die Bergwerke der Alten, p. 30.) 
 In Spain these furnaces were raised to a great 
 height, in order that the noxious fumes might be 
 carried off. (Strabo, iii. 2 p. 391. ed. Sieb.) They 
 were also provided with long flues {longimjucie for- 
 7iacis cimieuh, Plin. H. N. ix. 62), and with cham- 
 bers (camercie) for the purpose of collecting more 
 plentifully the oxides and other matters by subli- 
 mation (Ibid, xxxiv. 22. 33 — 41). Homer de- 
 scribes a blast-furnace with twenty crucibles 
 (Xoit'ol, xviii. 470). Melting-pots or cruciWes 
 have been found at Castor (Artis, pL 38), and at 
 different places in Egypt, in form and material 
 
 II 
 
430 FORNIX. 
 
 ver)' like those which we now emploj-. (Wilkin- 
 son, jl/uH. utid Cii^it. iii ■J"24. ) 
 
 Funiaccs of an appropriate construction were 
 erected for casting large statues of bronze (Claud. 
 De Luitd. Stil. ii. 176), and for making lamp-black. 
 (Vitruv. vii. 10.) [Atramentum.] The lime- 
 kiln ( formix caJcaria ) is described by Cato. 
 (De Ri; Rust. 38; see also Plin. //. N. xvii. G: 
 VitniT. vii. 3.) On the mode of heating baths, 
 see p. 142. 
 
 The early Romans recognized, under the name 
 of Foniax,"or Dea Foniacalis, a divinity who pre- 
 sided over ovens and furnaces [Fornac.\li.\]. 
 
 [J. Y.] 
 
 FORNIX, in its primary sense, is synonymous 
 with Arci-s (Senec. Eji. 90), but more commonly 
 implies an arched vault, constituting both roof and 
 ceiling to the apartment which it encloses. (Cic. 
 Top. 4.) It is composed of a semicylindrical and 
 oblong arch like the Camera., but differs from it in 
 construction, consisting entirely of stone or brick, 
 whereas the other was formed upon a frame-work 
 of wood, like the skeleton of a ship (Sallust, 
 .JiKinrth. 18; Suet. A>;-o, 34; Camera); both of 1 
 which methods appear to have been sometimes 
 united, as in the roof of the Tullianum, described 
 by Sallust {Cat. 55), where the ribs of the Camera 
 were strengthened by alternate courses of stone 
 arches.* 
 
 From the roof alone, the same word came to 
 signify the chamber itself, in which sense it de- 
 signates a long narrow vault, covered by an arch 
 of brick or masonrj- {tectum fonitcatum), similar to 
 those wiiich occupy the ground floors of the modem 
 Roman palaces. Three such cells are represented 
 in the annexed woodcut, from the remains of a 
 viUa at Mola di Gaictii, which passes for the For- 
 mian villa of Cicero. They are covered internally 
 with a coating of stucco, tastily ornamented, and 
 paiuted in streaks of azure, pink, and yellow. 
 
 Being small and dark, and situated upon the 
 level of the street, these vaults were occupied by 
 prostitutes (llor. Sat. i. ii. 30 ; Juv. Sat. iii. 15G; 
 xi. 171 [Circus, p. 232] ; compare Suet. 49), 
 whence comes the meaning of the word fornk'atio 
 in the ecclesiastical writers, and its English deriva- 
 tion. 
 
 Fornix is also a sall^-port in the walls (Liv. 
 xxxvi. 23 ; compare xliv. 1 1 ) ; a triumphal arch 
 (Cic. De Orat. ii. 6(j) ; and a street in Rome, which 
 
 * " Tullianum muniunt undique parietes, 
 
 atque insuper Camera, lapiJeis fornicibus vincta." 
 If the stone chamber now seen at Rome under the 
 Mammertine prisons was really the Tullianum, as 
 conunonh' supposed, it is not constmcted in the 
 manner described ; being neither cameratum nor 
 fornicatiim, but consisting of a circular dome, formed 
 by projecting one course of stones beyond the 
 course below it, like the treasury of Atreus at 
 Mycenae, described at p. 75. [Arcu.s.] 
 
 FORUM. 
 
 led to the Campus Martins, was called Via For 
 nicata (Liv. xxii. 3fi), probably on account of the 
 triumphal arches built across it. [A. 11.] 
 
 FORTY, THE (oi nrrapaKovra) were certah 
 ofiicers chosen by lot, who made regular circuit: 
 through the demi of Attiai, whence they are callei 
 ZiKaaraX koto. 5rj/ioi/s, to decide all cases of axKii 
 and TO irepl rdv ^la'tdiv, and also all other privati 
 causes, where tlie nuitter in dispute was not abovi 
 the value of ten drachmae. Their number waf 
 originally thirty, but was increased to forty aftei 
 the expulsion of the thirty tyrants, and the restora- 
 tion of the democracy by Thrasybidus, in conse 
 qucnce, it is said, of the hatred of the Athenian: 
 to the nimiber of tiiirty. They dilfered from othei 
 SixaiTTai', inasnnich as they acted as €iVa7aj7€rs 
 as well as decided causes • that is, they receive; 
 the accusation, drew up the indictment, and attend 
 ed to all that was understood in Athenian law bj 
 the T^ye/xovla rov SixatrTrjpiou. They consequentl) 
 may be classed among the regidar magistrates o 
 the state. (Pollux, viii. 40; Harpocrat. s. r. Kan 
 Sriixoui SiKatTTTj's: Rhetor. Lex. 310. 21 ; Demosth 
 c. Tiinocr. p. 735. 11; c. Panlaen. p. 97G. 10 
 Schubert, De Ae,/il. p. 96—98 ; Meier, Ait. Proe 
 p. 77 — <>2 ; Schumann, Ant. Jur. PulA. Graec. p 
 267. 10.) 
 
 FORUM. As the plan of the present worl 
 does not include a topographical description of thi 
 various fora at Rome, the following article onli 
 contains a brief statement of the purposes whici 
 they served. 
 
 Fonnn, originally, signifies an open place (area 
 before any building, especially before a sepulcrun 
 (Festus, s. v.; Cic. De Leyii. ii. 24), and seems 
 therefore, etymologically to be connected with th 
 adverb furas. The characteristic features of a Ro 
 man forum were, that it was a levelled space o 
 ground of an oblong form, and surrounded by build 
 ings, houses, temples, basilicae or porticos. (Vitnn 
 v. 1, 2.) It was originally used as a place wher 
 justice was administered, and where goods wer 
 exhibited for side. (Varro, De Iaihj. Lat. v. 14.' 
 ed. MiilliT.) We have according^- to distinguis 
 between two kinds of fora ; of which some wer 
 exclusively devoted to commercial purposes, an' 
 were real market-places, while others were place 
 of meeting for the popular assembly, and for th 
 courts of justice. Mercantile business, howeve 
 was not altogether excluded from the latter, and 
 was especially the bankers and usurers who kc] 
 their shops in the buildings and porticos by whic 
 they were surrounded. The latter kinds of for 
 were sometimes called forajmliciutia, to distinguis 
 them from the mere market-places. 
 
 Among the fora judicialia the most importar 
 was the Forum Romanum, which was simply calle 
 forum, as long as it was the only oi^e of its kin 
 which existed at Rome. At a late period of tl 
 republic, and during the empire, when other foi 
 judicialia were built, the Forum Romanum w; 
 distinguished from them by the epithets veius ( 
 maemum. It was situated between the Palatir 
 and the Capitoline hills, and its extent was sevt- 
 jugera, whence Varro {De Re Ruft. i. 2) calls 
 the " Septem jugera forensia." It was originall 
 a swamp or marsh, but was said to have been fille 
 up by Romulus and Tatius, and to have been S( 
 apart as a place for the administration of justic' 
 j for holding the assemblies of the people, and fi 
 I the transaction of other kinds of public busines 
 
FORUM. 
 
 FRENUM. 
 
 431 
 
 )ioii. Hal. J>:t. Row. iii. p. 200, compare ii. p. 
 I ■'<. Sylbiu'g.) In this widest sense t)u' forum in- 
 iiih'd tlie comitium, or the place of assembly for 
 1- curiae (Varro, J)e Ling. La/, v. 15.5. Miiller), 
 liich was separated frnni the forum in its narrower 
 use, or the place of assembly for the comitia tri- 
 jita, by the Rostra. (Niebuhr, Hid a/ Jiome, i. 
 \ 291. note 746, and p. 426. note 9!)d; Walter, 
 rsch. dcs Hum. licchts, p. 83 ; Giittlinji, Oc.ich. df.r 
 'uin. Stuahverf. p. 155.) These ancient rostra 
 i ere an elevated space of ground or a stage {suy- 
 \'Mum), from which the orators addressed the peo- 
 ple, and which derived its name from the circum- 
 i;ance that, after the subjugation of Latium, its 
 l.des were adorned with the beaks {ros/ru) of the 
 liips of the Antiates. (Liv. viii. 14.) In subse- 
 uent times, when the curiae had lost their impor- 
 iince, the accurate distinction betAveen comitium 
 nd forum likewise ceased, and the comitia tributii 
 ''ere sometimes held in the Circus Flaminius ; but 
 ( )wards the end of the republic the forum seems to 
 I ave been chiefly used for judicial proceedings, and 
 s a money-market ; hence Cicero (/>« Oral. i. 36) 
 istinguishes betweeji a speaker in the popular 
 ssembly (orator) and the mere pleader • " Ego 
 ■itos non modo oratoris nomine, sed ne foro quidem 
 lignos putarim." The orators when addressing 
 die people from the rostra, and even the tribunes 
 f the people in the early times of the republic, used 
 10 front the comitium and the curia ; but C. Grac- 
 hus (Plut. C. Gracch. 5), or, according to Varro 
 ' De Re Rust. i. 2) and Cicero {De Amicit. 25). C. 
 uicinius, introduced the custom of facing the 
 ormn, thereby acknowledging the sovereignty of 
 I he people. In 30!! b. c. the Romans adorned the 
 'brum, or rather the bankers' shops (argeyitarias) 
 iround, with gilt shields which they had taken 
 rom the Saranites; and this custom of adorning 
 I he fonmi with these shields and other ornaments 
 vas subsequently always observed during the time 
 if the Ludi Romani, when the Aediles rode in 
 ' heir chariots {tensae) in solemn procession aroiuid 
 rhe forum. (Liv. ix. 40 ; Cic. in Vcrr. i. 54, and 
 ii. 4.) After the victory of C. Duilius over the 
 :]arthaginians the foram was adorned with the 
 irelebrated columna rostrata [Columna]. In the 
 ipper part of the fonira, or the comitium, the laws 
 )i the Twelve Tables were exhibited for public iii- 
 :pection, and it was probably in the same part 
 hat, in 304 b. c, Cn. Flavins exhibited the Fasti, 
 •vritten on white tables {in aUm), that everj' citizen 
 night be able to know the daj's on which the law 
 dlowed the administration of justice. (Liv. ix. 46.) 
 Besides the ordinary business which was carried 
 m in the forum, weread that gladiatorial gameswere 
 leld in it (Vitruv. v. 1. 2), and that prisoners of 
 war. and faithless colonists or legionaries were put 
 ;o death there. (Liv. vii. 19 ; ix. 24 ; xxviii. 28.) 
 
 A second forum judiciarium was built by J. 
 Caesar, and was called Forum Cacsaris or Jidii. 
 The levelling of the ground alone cost him above 
 1 million of sesterces, and he adorned it besides 
 with a magnificent temple of Venus Genitrix. 
 (Suet. J. Cues. 26 ; Plin. //. N. xxxvi. 15 ; Dion 
 Cass, xliii. p. 254.) 
 
 A third forum was built by Augustus and called 
 Forum Auyusti, because the two existing ones 
 were not found sufficient for the great increase of 
 business which had taken place. Augustus adonied 
 his fonmi with a temple of Mars and the statues of 
 the most distinguished men of the republic, and 
 
 issued a decree that only the Judicia jmhlica and 
 the sorlitioiics judicum should taki; place Iti it. 
 (Suet. Udav. 29 and 31 ; compare Plin. IT.N. I.e. ; 
 Veil. Pat. ii. 39; Ovid, Pont. iv. 15, 16; 
 Martial, iii. 38. 3 ; Seneca, De Ira, ii. 9 ; Stat. 
 !Silv. iv. 9. 15.) After the Forum Augusti had 
 severely suffered by fire, it was restored by Hadri- 
 anus. (Ael. Spart. Hadr. c. 19.) 
 
 The three fora which have been mentioned seem 
 to have been the only ones that were destined for 
 the transaction of public business. All the otliers, 
 which were subsequently built by the empenu's, 
 such as the Forum Trajani or Ulpium, the Forum 
 Sa/luatii, Forum Diocleiiaui, Forum Aure/iiiin, &c., 
 were probably more intended as embellishments of 
 the city than to supply any actual want. 
 
 Difterent from these fora were the numerous 
 markets at Rome, which were neither as large nor 
 as beautiful as the former. They are always dis- 
 tmguished from one another by epithets expressing 
 the partic\dar kinds of things which were sold in 
 thorn, e. (/. forum fioarium, according to Festus, the 
 cattle-market ; according to others, it derived the 
 name boarium from the statue of an ox which stood 
 there (Plin. //. N. xxxiv. 2 ; Ovid, Fust. vi. 477); 
 forum otitoriuvi, the vegetable market (Varro, De 
 Liny. Dtt. V. 140); forum piscariu.m, fish-market; 
 forum cupediuis, market for dainties ; forum co- 
 r/uinum, a market in which cooked and prepared 
 dishes were to be had, &c. 
 
 (Respecting the fora in the provinces, see the 
 articles Colon'ia and Conventus ; compare 
 Sigonius, De Antiq. jur. Ital. ii. 15, and Walter, 
 Gcsch. des Rom. Rec/ds. p. 200.) [L. S.] 
 
 FRAMEA. [Hasta.] 
 
 FRATRES ARVA'LES. [Arvales Fra- 
 
 TRE.S.] 
 
 FRENUM (xf-Aifrfs)' -1 I'l-'dlc- That Belle- 
 rophon might be enabled to perform the exploits 
 required of him by the king of Lycia, he was pre- 
 sented by Minerva with a bridle as the means of 
 subduing the winged horse Pog-asus, who submitted 
 to receive it whilst he was slaking his thirst at the 
 fountain Peirene. See the annexed woodcut, from 
 
 a bas-relief which represents this event, and com- 
 pare Pindar, Olynrp. xiii. 85 — 115. Such was the 
 Grecian account of the invention of the bridle, and 
 in reference to it Minerva was worshipped at 
 Corinth under the titles "iTTTria and XaAiciriy. 
 (Paus. II. iv. 1. 5.) The several parts of the 
 bridle, more especially the bit, are engraved from 
 ancient authorities in the treatises of Invemizi 
 
432 FRUMENTARII. 
 
 FULLO. 
 
 {De Frenis), Ginzrot {Ueher Wiigen), and Bracy 
 Clark [Clmlinolnyii, Lond. 1835). 
 
 The bit (orcae, Festus, s. r. ; S'nyfia, Brunck. 
 Alia/, ii. 237 ; aro/jLiou, Aeschyl. Prom. 1045) 
 was commonly made of several pieces, and flexible, 
 so as not to hurt the horse's mouth; for the Greeks 
 considered a kind and gentle treatment the best 
 discipline, although, when the horse was intract- 
 able, they taught it submission by the use of a bit 
 which was armed with protuberances resembling 
 wolves'- teeth, and therefore called lupatum. (Xen. 
 De He Eq. 13 ; x. 0" ; Virg. Gear. iii. 208 ; Hor. 
 Carm. i. 8. 7; Ovid, Anuir. i. 2. 15.) The bit 
 was held in its place by a leathern strap passing 
 under the chin, and called u7roxaAi>'iSi'ct, for which 
 a chain (^aKiov) was often substituted ; a rope or 
 thong, distinct from the reins, was sometimes fast- 
 ened to tliis chain or strap by means of a ring, and 
 was used to lead the horse (^uTa7w7€i)s, Xen. /. c. 
 vii. 1 ; Aristoph. Pae. 154). The upper part of 
 the bridle, by which it was fixed round the ears, is 
 called by Xcnophon Kopv<paia (iii. 2), and it in- 
 cluded the "AMnTH, which was often omament;d. 
 The cheek-pieces (irafyri'iov, Horn. II. iv. 142; 
 irapayvadiSiop, Eustath. ad loe.), which joined this 
 upper portion to the bit, were also in some cases 
 richly adorned, especially among the nations of 
 Asia. Those who took deUght in horsemanship 
 bestowed, indeed, the highest degree of splendour 
 and elegance upon every part of the bridle, not ex- 
 cepting the bit, which, though commonly of bronze 
 or iron, was sometimes silver or gold {fulrum 
 mamlunl sub deniibus aurum, Virg. Aeii. vii. 279). 
 These precious metals were also either embossed 
 (frcna eaelata, Apul. De Deo Soc.) or set with 
 jewels. (Claud. E/m/. 34. 3(5.) 
 
 Not only was the bridle dispensed with in the 
 management of creatures invented by the imagi- 
 nation of the poet (Aeschyl. Prom. 294), but of 
 some which were actually trained by man to go 
 without it. Thus the Numidian desultor guided 
 his two horses by the whip, and the Gallic ESSK- 
 DARius, on the banks of the Rhone, directed and 
 animated his mules entirely by the voice. (Claud. 
 Epii). A.) [Woodcuts, p. 200. 246. 308, 309. 357. 
 386.] . [J. Y.] 
 
 FRIGIDA'RIUM. [Baths, p. 138, 139.] 
 FRITILLUS {<t>it^6s), a dice-box, of a cylin- 
 drical form, and therefore called also turricula 
 (Mart. xiv. 16), and formed with parallel indenta- 
 tions {(jradus) on the inside, so as to make a rat- 
 tling noise when the dice were shaken in it. (Hor. 
 Sat. ii. 7. 17 ; Mart. iv. 14, xiv. 1.) When games 
 of chance became general among the Romans, so 
 that even boys engaged in them, they had fritiUi 
 small in proportion to their age. (Juv. xiv. 5.) 
 
 [J. Y.] 
 
 FRONTA'LE. ['AMHTE.] 
 
 FRUCTUS. [UsusFRUCTiis.] 
 
 FRUMENTA'RII were officers under the Ro- 
 man empire, who acted as spies in the provinces, 
 and reported to the emperors anything which they 
 considered of importance. (Aurel. Vict. De Caes. 
 39. su/j fin; Spartian. //arfn'an. 11 ; Capitol. Mac- 
 rin. 12 ; Commod. 4.) They appear to have been 
 called Frumeiitarii because it was their duty to 
 collect information in the same way as it was th ' 
 duty of other officers, called by the same name, to 
 collect com. They were accustomed to accuse 
 persons falsely, and their office was at length 
 abolished by Diocletian. They were succeeded 
 
 in later times by the agentes rerum. (Aurel. Vi( 
 I. c.) We frequently find in inscriptions menti( 
 made of Frumentarii belonging to particular legio: 
 (Orelli, Inser. 74. 3491. 4922), from which it h: 
 been supposed that the frumentarii, who acted : 
 spies, were soldiers attached to the legions in tl 
 provinces ; they may, however, have been difterei 
 officers, whose duty it was to distribute the coi 
 to the legions. 
 
 FUGA LATA. [Banishment (Roman).] 
 
 FUGA LIBERA. [Banishment (Roman) 
 
 FUGITI'VUS. [Servus.] 
 
 FULCRUM. [Lectus.] 
 
 FULLO {Kvoupivs, yva<f>(v%), also calle 
 NACCA (Festus, s. v. ; Apul. Met. ix. p. 20( 
 Bipont), a fuller, a washer or scourer of cloth an 
 linen. The fidlones not only received tlie cloth ; 
 it came from the loom in order to scour an 
 smooth it, but also washed and cleansed gamien' 
 which had been already worn. As the Romai 
 generally wore woollen dresses, which were ofte 
 of a light colour, they frequently needed, in tl 
 hot climate of Italy, a thorough purification. Tl 
 way in which this was done has been described I 
 Pliny and other ancient writers, but is mo: 
 clearly explained hy some paintings which have bee 
 found on the walls of a fuUonica at Pompeii. Tn 
 of these paintings are given by Gell (Pompeiam 
 vol. ii. pi. 51, 52), and the whole of them in tl 
 Museo Borbonico (vol. iv. pi. 49, 50); from tl 
 latter of whicli works the following cuts have bee 
 taken. 
 
 The clothes were first washed, which was dor 
 in tubs or vats, where they were trodden upon an 
 stamped by the feet of the fullones, whene 
 Seneca {^Ep. 15) speaks of saUus fultonicus. Tl 
 following woodcut represents four persons thus en 
 ployed, of whom three are boj's, probably undi 
 the superintendence of the man. Their dress 
 tucked up, leaving the leg bare ; the boys seem I 
 have done their work, and to be wringing tl 
 articles on which they had been employed. 
 
 The ancients were not acquainted with soap, bi 
 they used in its stead different kinds of alkali, b 
 which the dirt was more easily separated from tl 
 clothes. Of these, by far the most common w: 
 the urine of men and animals, which was mixf 
 with the water in which the clothes were washes 
 (Plin. //. N. xxviii. 18. 26 ; Athen. xL p. 484 
 To procure a sufficient supply of it, the fuUom 
 were accustomed to place at the corners of tl 
 streets vessels, which they carried awa}' after the 
 had been filled by the passengers. (Martial, vi. 91 
 Macrob. Saturn, ii. 12.) We are told by Suetonii 
 ( Ves]>.'2Z) that Vespasian imposed a uriuae vectigu 
 which is supposed by Casaubon and others to ha^ 
 been a tax paid by the fullones. Nitnim, of whii 
 Pliny {H. N. x.xxi. 46) gives an account, was al: 
 
I 
 
 FULLO. 
 
 Dixed with the water by the scourers. Fullers' 
 arth {ereta fitllonia, Plin. //. N. xviii. 4), of which 
 here were many kinds, was employed for the 
 lame purpose. We do not know the exact nature 
 J)f tliis earth, but it appears to have acted in the 
 'ame way as our fullers' earth, namely, parth' in 
 couring and partly in absorbing the greasy dirt. 
 I'liny {H.N. xxxv. 57) says that the clothes should 
 )e washed with the Sardinian earth. 
 
 After the clothes had been washed, they were 
 lung out to dry, and were allowed to be placed in 
 •!,he street before the doors of the fuUonica. (Dig. 
 13. tit. 10. s. 1. § 4.) When dry, the wool was 
 ^jrushed and carded to raise the nap, sometimes 
 iivith the skin of a hedgeliog, and sometimes with 
 ,iOme plants of the thistle kind. The clothes were 
 :.hen hung on a vessel of basket-work {riminca 
 •'avea'j, under which sulphur was placed in order to 
 .ivhiten the cloth ; for the ancient fullers appear to 
 ,iave known that many colours were destroyed by 
 i:he volatile steam of sulphur. (Apul. J\Iet. ix. 
 ,D. 208, Bipont ; Plin. H. N. xxxv. ,50. 57 ; Pol- 
 vux, vii. 41.) A fine white earth, called Cimolian 
 iiby Pliny, was often nibbed into the cloth to in- 
 .;rease its whiteness. (Theophr. Char. 10; Plaut. 
 ,Aulul. iv. 9. 6 ; Plin. H. N. xxxv. 57.) The 
 oreceding account is well illustrated by the fol- 
 nwing woodcut. 
 
 FULLO. 
 
 4:« 
 
 in a green tunic giving a piece of cloth, which ap- 
 pears to be finished, to a woman, who wears a 
 green under-tunic and over it a yellow tunic with 
 
 On the left we see a fullo brushing or carding a 
 white tunic, suspended over a rope, with a card or 
 brush, which bears considerable resemblance to a 
 modem horse-brush. On the right, another man 
 carries a frame of wicker-work, which was without 
 doubt intended for the purpose described above ; 
 he has also a pot in his hand, perhaps intended for 
 holding the sulphur. On his head he wears a 
 kind of garland, which is supposed to be an olive 
 garland, and above him an owl is represented 
 sitting. It is thought that the olive garland and 
 the owl indicate that the establishment was imder 
 the patronage of Minerva, the tutelaiy goddess of 
 the loom. Sir W. Gell imagines that the owl is 
 probably the picture of a bird which really existed 
 ' in the family. On the left, a well dressed female 
 IS sitting, examining a piece of work which a 
 • younger girl brings to her. A calantica [Calan- 
 tica] upon her head, a necklace, and bracelets de- 
 note a peison of higher rank than one of the ordi- 
 mary work-people of the establishment. 
 
 In the following woodcut we see a j'oung man 
 
 red stripes. On the right is another female in a 
 white tunic, who appears to be engaged in cleaning 
 one of the cards or brushes. Among these paint- 
 ings thei-e was a press, worked by two upright 
 screws, in which the cloth was placed to be 
 smoothened. A drawing of this press is given in 
 the article Cochlea, p. "248. 
 
 The establishment or workshop of the fullers 
 was called Fulhnica (Dig. 39. tit. 3. s. 3), Fulloni- 
 cum (Dig. 7. tit. ]. s. 13. § 8), ov FuUuniam (Amm. 
 Marc. xiv. H. p. 44, Bipont.) Of such establish- 
 ments there were great numbers in Rome, for the 
 Romans do not appear to have washed at home 
 even their linen clothes. (Martial, xiv. 51.) The 
 trade of the fullers was considered so important 
 that the censors, C. Flaminius and L. Aemilius, 
 B. c. 220, prescribed the mode in which the dresses 
 were to be washed. (Phn. //. yV. xxxv. 57.) Like 
 the other principal trades in Rome, the Fullones 
 formed a collegium. (Fabretti, Inscr. p. 278.) To 
 large farms a fullonica was sometimes attached, in 
 which the work was performed by the slaves who 
 belonged to the familia ruslim. .(Varro, R. R. i. 
 16.) 
 
 The fuUo was answerable for the property 
 while it was in his possession ; and if he returned 
 b}' mistake a different ganiient from the one he 
 had received, he was liable to an action eic localo ; 
 to which action he was also subject if the gar- 
 ment was injured. (Dig. 19. tit. 2. s. 13. § 6. s. 
 fiO. § 2 ; 12. tit. 7. s. 2.) Woollen garments, which 
 had been once washed, were considered to be less 
 valuable tlian they were previously. (Petron. 30 ; 
 Lamprid. Hdmjah. 2C) ; hence Martial (x. 11) 
 speaks of a toga loia terqne quuterqiie as a poor 
 present. 
 
 The Greeks were also accustomed to send their 
 garments to fullers to be washed and scoured, who 
 appear to have adopted a similar method to that 
 which has been described above. (Theophr. Char. 
 10 ; Athen. xi. p. 582, d. ; Pollux, vii. 39, 40, 4L) 
 The word irKvviiv denoted the washing of linen, 
 and Kvcupivew nr yvcupfvav the washing of wool- 
 len, clothes. (Eustath ad Od. xxiv. 148. p. 1956. 
 ■11-) 
 
 (Schottgen, ^m/!(yaita/es Triturae ei FuUoniae,TTa.j. 
 ad Rhen. 1 727 ; Beckmann, Hist, of Inventions arid 
 Discoveries, vol. iii. p. 266, &c., transl. ; Becker, 
 Gallus, ii. p. 100, &c. ; Cliarikles, ii. p. 408.) 
 
 2 P 
 
434 
 
 FUNAMBULUS. 
 
 FUNDA. 
 
 FULLO'NICA. [FuLLo.] 
 
 FUNA'LE (ffKoXdi, Isid. Oriff. xx. 10), a link, 
 used in the same manner as a torch [Fax], but 
 made of papyrus and other fil)rous plants, twisted 
 like a rope, and smeai'ed with pitch and wax. 
 (Virg. Aeii. i. 7'27 ; Servius, ad loc; llor. Cunn, 
 iii. 26. 7 ; Val. Max. iii. G. § 4.) It was indeed, 
 as Antipater describes it, " a light coated with 
 wax '' (AajHTras KTjpox'Tw;', Brunck, ^-f ««/. ii. 112 ; 
 Jacobs, (ul loc). For this reason it was also called 
 cereus. Funalia are sculptured upon a monument 
 of considerable antiquity preserved at Padua. 
 (Pignor. De Servis, p. 259.) At the Saturnalia 
 they were presented by clients to their superiors, 
 and were lighted in honour of Saturn. (Antipater, 
 I. c. ; Macrob. Sat. i. 6.) [J. Y.] 
 
 FUNA'LIS EQUUS. [Currus, p. 309.] 
 
 FUNAMBULUS {KaXoSaT-ris, a-xofuSaT-ns), 
 a rope-dancer. The art of dancing on the tight 
 rope was carried to as great perfection among the 
 Romans as it is with us. (Hor. Epist. ii. 1. 210 ; 
 Terent. Hecijr. ProL 4. 34 ; Juv. iii. 80 ; Bulenger, 
 De TJieut. i. 42.) If we may judge from a series 
 of paintings discovered in the excavations (^Aiit. 
 d'Ercol. T. iii. p. 160— 1G5), from which the 
 figures in the annexed woodcut are selected, the 
 
 performers, who were principally Greeks (Juv. I.e.), 
 placed themselves in an endless variety of graceful 
 and sportive attitudes, and represented the charac- 
 ters of bacchanals, satyrs, and other imaginary 
 beings. Three of the persons here exhibited hold 
 the thyrsus, which may have served for a balanc- 
 ing pole : two are performing on the double pipe, 
 and one on the lyre ; two others are pouring wine 
 into vessels of different forms. They all have their 
 heads enveloped in skins or caps, probably intend- 
 ed as a protection in case of falling. The emperor 
 Antoninus,in consequence of the fall of abo}%causcd 
 feather-beds {culeiti-as) to be laid under the rope 
 to obviate the danger of such accidents. (Capitol. 
 M. Anton. 12.) One of the most difficult exploits 
 was running down the rope (Suetonius, Ar/-o, 11 ; 
 Brodaeus in loc.) at the conclusion of the perform- 
 
 ance. It was a strange attempt of Germanicus 
 and of the emperor Galba to exhibit elephants 
 walking on the rope. (Plin. H.N. viii. 2; Suetonius, 
 Galb. i; Sen. Epist. SC.) [J. Y.] 
 
 FUNDA {acpevS6vri), a sling. The light troops 
 of the Greek and Roman armies (p. 84, 8.5) con- 
 sisted in great part of slingers { fwnditores, (T(pev^o- 
 vrjrai). The sling was also very much employed 
 by the Jews, Phoenicians, and Egyptians, by the 
 Carduchi and the Persians (Diod. Sic. xiv. 27; 
 xviii. .51), by the Spaniards (Strabo, iii. p. 436. 
 ed. Sieb.), and by many other nations. The manner 
 in which it was wielded may be seen in the an- 
 nexed figure (Bartoli, Col. Traj. t. 46) of a soldier 
 
 with a provision of stones in the sinus of his pal- 
 lium, and with his arm extended in order to whirl 
 the shng about his head. (Virg. Aen. ix. 587,588, 
 xi. 579.) Besides stones, plummets, called glandes 
 (^fj.o\v§USes), of a form between acorns and al- 
 monds, were cast in moulds to be thrown with 
 slings. (Lucret. vi. 176 ; Ovid, Met. ii. 729; vii. 
 778 ; xiv. 825, 826.) They have been found on 
 the plain of Marathon, and in other parts of Greece, 
 and are remarkable for the inscriptions and devices 
 which they exhibit, such as thunderbolts, the 
 names of persons, and the word AEHAI, meaning 
 "Take this." (Dodwell's 7o«)-, vol. ii. p. 159— 
 161 ; Btickh, Corp. Ins. i. p. 311.) 
 
 The celebrity of the natives of the Balearic isles 
 as slingers is said to have arisen from the circum- 
 stance, that, when they were children, their mothers 
 obliged them to obtain their food by striking it with 
 a sling. (Veget. De lie Mil. i. 16.) Among the 
 Greeks the Achaeans and Acamanians attained to 
 the greatest expertness in the use of this weapon. 
 
 The sling, as depicted in the Egyptian tombs, 
 had at one end a loop for making it fast to the 
 hand. It was made of wool (Hom. II. xiii. 599), 
 hair, hemp, or leather. (Veget. iii. 14 ; stupea, 
 Virg. Georff. i. 309 ; liahena, Aen. xi. 579.) Its 
 advantages were, that it might be carried any dis- 
 tance without the slightest inconvenience ; that sol- 
 diers, accustomed to the use of it, might employ it 
 when their other weapons were unavailable (positis 
 hastis, Virg. I. c.) ; and that it was very effective 
 in checking an enemy, especially in stony places, 
 in mountain passes, and upon eminences. ( Veget. i. 
 16.) Hunters also used the sling to kill their 
 game. (Virg. Gcorg. i. 309.) 
 
 While tlie sling was a very efficacious and im- 
 portant instalment of ancient warfare, stones 
 
FUNUS. 
 
 FUNUS. 
 
 435 
 
 throwTi with the hand alone were also much in use 
 l")th among the Romans (Veget. i. 16 ; ii. 23) and 
 with other nations (oi TT^rpoSoKoi, Xen. Hclkn. ii. 
 4. § 12). The Libyans carried no other arms than 
 three spears and a bag full of stones. (Diod. Sic. 
 iii. 49.) 
 
 The casting-net was sometimes called funda. 
 (Virg. Gear;,, i. 141.) [Rete.] [J. Y.] 
 
 FUNDUS. The primary signification of this 
 word appears to be the bottom or foundation of a 
 thing ; and its elementary part (fud), seems to be 
 the same as that of PvB^Ss, and -n-vBifuqv, the n in 
 fimdus being used to strengthen the syllable. The 
 conjectures of the Latin writers as to the etymo- 
 logy of fundus ma)- be safely neglected. 
 
 Fundus is often used as applied to land, the 
 solid substratum of all man's labours. According to 
 Florentinus ( Dig. 50. tit. 1 ii. s. 2 1 1 ) the term fundus 
 comprised all land and constructions on it; but 
 usage had restricted the name of aales to city 
 
 'houses, villac to rural houses, area to a plot of 
 ground in a city not built upon, ai/er to a plot of 
 ground in the country, and fundus to a(/er cum 
 iii dificiis. This definition of fundus may be com- 
 pared with the uses of that word by Horace, and 
 other writers. In one passage (Ep. i. ii. 47), 
 Horace places domus and fundus in opposition to 
 one another, domus being apparently there used as 
 equivalent to aedes. 
 
 The tenn fundus often occurred in Roman wills, 
 and the testator frequently indicated the fundus, to 
 which his last dispositions referred, by some name, 
 such as Sempronianus, Seianus ; sometimes also, 
 with reference to a particular tract of countrj-, as 
 Fundus Trebatianus qui est in regione Atellana. 
 (Brissonius, De. Formulis, vii. 80.) A fundus was 
 
 I sometimes devised cum omni instrunwnio, with its 
 
 . stock and implements of husbandry. Occasionally 
 a question arose as to the extent of the word in- 
 
 'strumentum, between or among the parties who de- 
 rived their claim from a testator. (Dig. 33. tit. 17. 
 s. 12.) 
 
 Fundus has a derived sense which flows easily 
 enough from its primary meaning. " Fundus," 
 says Festus,"dicitur populus esse rei, quam alienat, 
 hoc est auctor" [Auctor]. Compare Plautus, 
 Trinum. v. i. 7 {fundus potior). In this sense 
 " fundus esse " is to confirm or ratify a thing ; 
 and in Gellius (.\ix. 8) there is the expression 
 " sententiae legisque fundus subscriptorque fieri." 
 
 [FOEDERATI.] [G. L.] 
 
 FUNDITO'RES. [Funda.] 
 FUNIS. [Navis.] 
 
 FUNUS. It is proposed in the following article 
 to give a brief account of Greek and Roman 
 funerals, and of the ditferent rites and ceremonies 
 connected therewith. 
 
 The Greeks attached great importance to the 
 burial of the dead. They believed that souls could I 
 not enter the Elysian fields till their bodies had 
 been buried ; and accordingly we find the shade of 
 Elpenor in the Odyssey (xi. 66, &c.) earnestly im- 
 ploring Ulysses to bury his body. Ulysses also, 
 when in danger of shipwreck, deplores that he had 
 not fallen before Troy, as he should in that case 
 have obtained an honourable burial. {Od. v. 311.) 
 So strong was this feeling among the Greeks, that 
 it was considered a religious duty to throw eartli 
 upon a dead body, which a person might happen 
 t" find unburied (Ael. Var. Hist. v. 14); and 
 iiniong the Athenians, those children who were re- 
 
 leased from aU other obligations to unworthy 
 parents, were nevertheless bound to bury them by- 
 one of Solon's laws. (Aesch. c. Timarc. p. 40.) 
 The neglect of burying one's relatives is frequently- 
 mentioned by the orators as a grave charge against 
 the moral character of a man (Demosth. c. Arisint/. 
 
 i. p. 787. 2 ; Lys. c. Phil. p. 883, c. Akih. p. 539), 
 since the burial of the body by the relations of the 
 dead was considered a religions duty by the uni- 
 versal law of the Greeks. Sophocles represents 
 Antigone as disregarding all consequences in order 
 to burj' the dead body of her brother PolsTieices, 
 which Creon, the king of Thebes, had commanded 
 to be left unburied. The common expressions for 
 the funeral rites, tcJ SiKaia, vo/Ui/xa or voni^oneva, 
 TvpouriKovTa, show that the dead had, as it were, a 
 legal and mora! claim to burial. 
 
 The common customs connected with a Greek 
 funeral are described by Lucian in his treatise De 
 Luctu (c. 10, &c., vol. ii. p. 926. ed. Reitz) ; and 
 there is no reason for supposing that they dift'er 
 much from those which were practised in earlier 
 times. After a person was dead, it was the cus- 
 tom first to place in his mouth an obolus, called 
 SavaK-ri [AANA'KH], with which he might pay the 
 ferryman in Iladcs. The body was then washed 
 and anointed with perfumed oil, and the head was 
 crowned with the flowers which happened to be in 
 season. The deceased was then dressed in as 
 handsome a robe as the family could afford, in 
 order, according to Lucian, that he might not be 
 cold on the passage to Hades, nor be seen naked 
 by Cerberus ; this gannent appears to have been 
 usually white. (//. xviii. 353 ; Artcmiod. O/ieirocr. 
 
 ii. 3.) These duties were not performed by hired 
 persons, like the poUiiictores among the Romans, 
 but by the women of the family,upon whom the care 
 of the corjjse always devolved. (Isaeus, Z>c' -PA&c^. 
 her. p. 143, De Ciron. her. p. 209.) 
 
 The corpse was then laid out {prpoQeais, -irpori- 
 BeaSai) on a bed (kAiVt)), which appears to have 
 been of the ordinary kind, with a pillow (vpo(TKe- 
 (paAaiov) for supporting the head and back. (Lys. 
 c. Eratosth. p. 395.) It is said that the bed on 
 which the corpse was laid out was originallj' placed 
 outside the house (Schol. ad Aristoj>h. Lysistr. 
 611); but at Athens we know it was placed in- 
 side, by one of Solon's laws. (Demosth. c. Macart. 
 p. 1071.) The object of this formal vpSSea-is was, 
 that it might be seen that the deceased had died 
 naturall)-, and that no violence had been done to 
 him. (Pollux, viii. 65.) Plato (/.c/;. xii. 9. p. 959) 
 assigns another reason, namely, that there might 
 be no doubt that the person was dead, and says, 
 that the body ought only to be kept in the house 
 so long as may be necessary to ascertain that fact. 
 By the side of the bed there were placed painted 
 earthen vessels, called AtjKvBoi (Aristoph. Eccl. 
 1032. 996), which were also buried with the 
 corpse ; examples of which may be seen in the 
 drawings of the coflins given by Bottiger ( Vaseiig. 
 title page) and Stackelberg (/>« Gr'dhcr der Hellenen, 
 pi. 8). Great numbers of these painted vases have 
 been found in modem times ; and they have been 
 of great use in explaining many matters connected 
 with antiquitj-. An honey-cake, called n^XmovTa, 
 which appears to have been intended for Cerberus, 
 was also placed by the side of the corpse. (Aristoph. 
 Lysistr. 601, with Schol. ; compare Virg. vi. 
 41 9.) Before the door a vessel of water was placed, 
 called oarpaKov, dpdaKiov or dpSdvioy, in order that 
 
436 
 
 FUNUS. 
 
 FUNTIS. 
 
 persons who had been in the house might purify 1 
 themselves by sprinkling water on their persons. 
 (Aristoph. FavI. 1033; Pollux, viii. 05; Hesych. 
 s. V. 'ApS.) The relatives stood around the bed, the 
 women uttering great lamentations, rending their 
 garments, and tearing their hair. (Lucian, lb. 12.) 
 Solon attempted to put a stop to this (Plut. Sol. 
 J 2. 21), but his regulations on the subject do not 
 appear to have been generally observed. It was 
 formerly the practice to sacrifice victims before 
 carrying out the dead ; but this custom was not 
 observed in the time of Plato. (Mi/i, c. 5. p. 315.) 
 No females under 60 years of age, except the 
 nearest relations (cvtos dve^iaSav'), were allowed 
 to be present while the corpse was in the house. 
 (Demosth. c. Mncart. p. 1071.) 
 
 On the day after the irpideais, or the third day 
 after death, tiie corpse was carried out [eKcpopd, 
 iKKOfiiSi}) for burial, early in the morning and be- 
 fore sunrise, by a law of Solon, which law appears 
 to have been revived by Demetrius Phalereus. 
 (Demosth. I. c. ; Antiph. Dc C/ior. p. 782 ; Cic. De 
 Leg. ii. 2G.) A burial soon after death was sup- 
 posed to be pleasing to the dead. Thus we find 
 the shade of Patroclus saying to Achilles (//. xxiii. 
 
 ©OTTTe ;U6 OTTi ToxiCTo, TTvKas aiSoo itepT)ao>. 
 (Compare Xen. J\fem. i. 2. § .53.) In some places 
 it appears to have been usual to bury the dead on 
 the day following death. (Callim. Epigr. 15 ; Diog. 
 Laert. i. 122.) The men walked before the 
 corpse, and the women behind. (Demosth. I. c.) 
 The funeral procession was preceded or followed 
 by hired mourners (ftpiji^ySoi), who appear to have 
 been usually Carian women, though Plato speaks 
 of men engaged in this office. They played mourn- 
 ful tunes on the flute. (Plat. Li-g. vii. 9. p. 800 ; 
 Hesych. s. r. Kaplvai: Pollux, iv. 75.) 
 
 The body was either buried or burnt. Lucian 
 (76. 21) says that the Greeks bum and the Per- 
 sians bury their dead ; but modem writers are 
 greatly divided in opinion as to which was the 
 usual practice. Wachsmuth (Hellcn. Alterih. ii. 
 2. p. 79) says that in historical times the dead 
 were always buried ; but this statement is not 
 strictly correct. Thus we find that Socrates speaks 
 of his body being either burnt or buried (Plat. 
 Phxed. c. 148. p. 115); the body of Timoleon was 
 burnt (Plut. Timol. 39), and so was that of Philo- 
 poemon. (Id. Philop. 21.) The word daimiv is 
 used in connection with either mode ; it is applied 
 to the collection of the ashes after burning, and ac- 
 cordingly we find the words /cai'eif and ^dumu 
 used together. (Dionys. Aid. Rom. v. 48.) The 
 proper expression for interment in the earth i.s 
 KaropvTTetv, whence we find Socrates speaking of 
 TO awfia rj KoAfxevov 7] KaTopvTTOfXivov. In Homer 
 the bodies of the dead are burnt (//. xxiii. 127, 
 &c. ; xxiv. 787, &c.) ; but interment was also used 
 in verj' ancient times. Cicero (Dc Lfg. ii. 25) says 
 that the dead were buried at Athens in the time 
 of Cecrops ; and we also read of the bones of Ores- 
 tes being found in a coffin at Tegea. (Herod, i. 68; 
 compare Plut. Sol. 10.) The dead were commonly 
 buried among the Spartans (Plut. Lyc. 27. com- 
 pare Thucyd. i. 134) and the Sicyonians (Pans. ii. 7. 
 § 3) ; and the prevalence of this practice is proved 
 by the great number of skeletons found in coffins 
 in modem times, which have evidently not been 
 exposed to the action of fire. Both burning and 
 burying appear to have been always used to a 
 
 greater or less extent at different periods ; till the 
 spread of Christianity at length put an end to the 
 former practice. 
 
 The dead bodies were usually burnt on piles of 
 wood, called -jrvpai. The body was placed on the 
 top : and in the heroic times it was customary to 
 bum with the corpse animals and even captives or 
 slaves. Thus at the funeral of Patroclus, Achilles 
 killed many sheep, oxen, horses, and dogs, and 
 also twelve captive Trojans, whose bodies he burnt 
 with those of his friend. (//. xxiii. 165, &c.) Oils 
 and perftmies were also thrown into the flames. 
 When the pyre was burnt down, the remains of 
 the fire were quenched with wine, and the relatives 
 and friends collected the bones. (II. xxiv. 791.) 
 The bones were then washed with wine and oil, 
 and placed in ums, which were sometimes made of 
 gold. (0</. xxiv. 71, &.C.) 
 
 The corpses, which were not bumt, were buried 
 in coffins, which were called by various names, as 
 (Topol, TTv^Kot, Krjvol, XdpvaKes, Spoirai, though 
 some of these names are also applied to the urns 
 in which the bones were collected. They were 
 made of various materials, but were usually of 
 baked clay or earthenware. Their forms are very 
 various, as may be seen by a reference to Stackel- 
 berg Die Gmher der Hellenen, pi. 7, 8. The fol- 
 lowing woodcut contains two of the most ancient 
 kind ; the figure in the middle is the section of one. 
 
 The dead were usually buried outside the town, 
 as it was thought that their presence in the city 
 brought pollution to the living. At Athens the 
 dead were fomierly buried in their own houses 
 (Plat. Min. I. c), but in historical times none were 
 allowed to be buried within the city. (Cic. od 
 Fam. iv. 12. § 3.) Lycurgus, in order to remove 
 all superstition respecting the presence of the dead, 
 allowed of burial in Sparta (Pint. Lt/c. 27) ; and at 
 Megara also the dead were buried within the town, 
 (Pans. i. 4.3. § 2.) 
 
 Persons who possessed lands in Attica were fre- 
 quently buried in them, and we therefore read ot 
 tombs in the fields. (Demosth. c. Euerg. p. 1159 
 Donat. ad Ter. Eun. Prol. 10.) Tombs, however, 
 were most frequently built by the side of roads anc 
 near the gates of the city. Thus the tomb of Thu 
 cydides was near the Melitian gate (Paus. i. 23. f 
 11); but the most common place of burial was out 
 side of the Itonian gate, near the road leading tr 
 the Peiraeus, which gate was for that reason callet 
 the burial gate. ('Hpi'ai ttuAoi, Etym. Mag. and Har- 
 pocr. s. v.; Theophr. Cliar. 14.) Those who hac 
 fallen in battle were buried at the public expensi 
 in the outer Cerameicus, on the road leading to th( 
 Academia. (Thucyd. ii. 34; Paus. i. 29. § 4.) 
 
 The tombs were regarded as private property 
 and belonged exclusively to the families whose re 
 latives had been buried in them. (Demosth. c 
 Euljid. p. 1307 ; c. Macari. 1077 ; Cic. De Leg. ii 
 26.) 
 
 Tombs were called &^/coi, Ta<poi, ftvTJiUOTo 
 /ii'Tj/ueio, <rjj|UOTo. Many of these were oid,\ 
 mounds of earth or stones (x<^/iaTa, KoKavat 
 rvfiSot). Others were built of stone, and frequenth 
 ornamented with great taste. Some of the mos 
 
FUN us. 
 
 FUNUS. 
 
 437 
 
 ipraarkable Greek tombs are those which have 
 hoen recently discovered in Lycia by Mr. Fellows. 
 In the neighbourhood of Antiphellus the tombs are 
 very numerous. Tiiey all have Greek inscriptions, 
 which are generally nnich destroyed by the damp sea 
 air. Thefollowing woodcut, taken from Mr. Fellows's 
 work (Excursion in Asia Minor, p. 219), contains 
 one of these tombs, and will give an idea ol tne 
 '.riieral appearance of the whole. 
 
 At Xanthus the tombs are still more numerous. 
 'They are cut into, or are fonncd by cutting away, 
 
 the rock, leaving the tombs standing like works of 
 'sculpture. (lb. p. 22().) The same is the case at 
 ' Tehnessus, where they are cut out of the rock in 
 'the fonn of temples. They are generally approach- 
 •ed by steps, and the colunnis of the portico stand 
 
 out about six feet from the entrance to the cella ; 
 
 tile interiors vary but little ; they are usually about 
 
 six feet in height and nine feet by twelve in size. 
 
 One side is occupied by the door, and the other 
 'sides contain benches on which the coffins or urns 
 
 have been placed. (Jl>. p. 245.) 
 
 Some Greek tombs were built under ground, and 
 
 called hjpogea (inroyaia or i-noy^ia). They cor- 
 !respond to the Roman eondiioria. (Petron. c. 1 1 1.) 
 
 |[C0NDITORIUM.] 
 
 At Athens the dead appear to have been usually 
 buried in the earth ; and originally the place of their 
 
 'interment was not marked by any monument. (Cic. 
 Dp, Ley. ii. 25.) Afterwards, however, so much 
 expense was incurred in the erection of monuments 
 
 'to the deceased, that it was provided by one of 
 Solon's laws, that no one should erect a monument 
 which could not be completed by ten men in the 
 course of three days. (Id. ii. 26.) This law, how- 
 ever, does not seem to have been strictly observed. 
 We read of one monument which cost twenty-five 
 minae (Lys. c. Dioy. p. 905), and of another which 
 cost more than two talents. (Demosth. c. Steph. i. 
 p. 1125. 15.) Demetrius Phalereus also attempted 
 
 'to put a stop to this expense by forbidding the 
 erection of any funeral monwnent more than three 
 
 'cubits in height. (Cic. /. c.) 
 
 ' The monuments erected over the graves of per- 
 sons were usually of four kinds ; 1. (rrrjKat, pillars 
 
 or upright stone tablets ^ 2. Kioi/es, columns; 3. 
 uaiSta or rjp^o, small buildings in the form of tem- 
 ples ; and 4. TpoTrefoi, flat square stones, called by 
 Cicero (1. c.) inc/i.'iae. The term arfiKai is some- 
 times applied to all kinds of funeral monuments, 
 but properly designates upright stone tablets, which 
 were usually terminated with an oval heading, 
 called 67n'07)|Uo. These €7ri9^/iaTa were frequently 
 ornamented with a kind of arabesque work, as in 
 the two following specimens taken from Stackel- 
 berg (pi. 3). The shape of the iirWrifjLa, however, 
 
 sometimes differed ; among the Sicyonians it was 
 in the shape of the aerSs or fastiyium [Fastihium], 
 which is placed over the extremity of a temple. 
 
 The k(ovss, or columns, were of various forms. 
 The three in the following woodcut are taken from 
 St<ickelberg (pi. 44. 40') and Millin (Pein. de Vase^ 
 A7it. vol. ii. pi. 51.) j 
 
 The following example of an rjgwoi', wliich is 
 also taken from Stackelberg (pi. 1) will give a 
 general idea of monuments of this kind. Another 
 r)p^ov is given in the course of this article. 
 
 The inscriptions upon these funeral monuments 
 usually contain the name of the deceased person, 
 and that of the demus to which he belonged, as 
 well as frequently some account of his life. A 
 work on these monuments, entitled Ilepi Mi/jj^tt^Twi' 
 was written by Diodorus Periegetes. (Plut. Them. 
 32.) 
 
 Orations in praise of the dead were sometimes 
 pronounced ; but Solon ordained that such orations 
 should be confined to persons who were honoured 
 with a public funeral. (Cic. Dn Leg. ii. 26.) In 
 the heroic ages games were celebrated at the fune- 
 ral of a great man, as in the case of Patroclus (//. 
 
 ii 
 
438 
 
 FUNUS. 
 
 FUNUS. 
 
 xxiii.) ; but this practice does not seem to have 
 been usual in the historical times. 
 
 All persons wlio had been engaged in funerals 
 were considered polluted, and could not enter the 
 temples of the gods till they had been purified. 
 Those persons who were reported to have died in 
 foreign countries, and whose funeral rites had been 
 perfoi-med in their own cities, were called icmpo- 
 TroT/j-oi and SevTfpoTroTfxoi if they were alive. Such 
 persons were considered impure, and could only be 
 delivered from their impurity by being dressed in 
 swaddling clothes, and treated like new-bom in- 
 fants. (Hesych. s. v.; Plut. Qmtest. Rom. 5.) 
 
 After the funeral was over the relatives partook 
 of a feast, which was called irepiSeiTri'oi' or VfKpo- 
 Setirvov. (Lucian, III. c. 24 ; Cic. De Leg. ii. 25.) 
 This feast was always given at the house of the 
 nearest relative of the deceased. Thus the relatives 
 of those who had fallen at the battle of Chaeroneia 
 partook of the irefiiSemvoy at the house of Demo- 
 sthenes, as if he were the nearest relative to them 
 alh (Demosth. Pro Coron. p. 321. 15.) These feasts 
 are frequently represented on funeral monuments. 
 In one corner a horse's head is usually placed, which 
 was intended to represent death as a journey. The 
 following woodcut, which represents a irepiZemvov 
 or j'6K:po56nri/0!',is taken from the Marmora O.ron.i. 
 tab. 52. No. 1 35. A similar example of a wsplSemvov 
 is given at the beginning of Hobhouse's Travels. 
 (Compare MUller, Arch'dol der Kunst, § 428. 2.) 
 
 On the second day after the fiineral a sacrifice 
 to the dead was offered, called Tp'na. Pollux (viii. 
 146) enumerates, in order, all the sacrifices and 
 ceremonies which followed the funeral, — rpira, 
 ivvaTa, Tpia/caScs, kvay'iajxa^a, ^oai. Aristophanes 
 {Lysistr. Gil, with Schol.) alludes to the rplra. 
 The principal sacrifice, however, to the dead was 
 on the ninth day, called evvaTa or evara. (Aeschin. 
 c. Ctesipk. p. G17 ; Isaeus, De Ciron. hered. p. 224.) 
 The mourning for the dead appears to have lasted 
 till the thirtieth day after the fiineral (Lys. de cacd. 
 Erat. p. 16), on which day sacrifices were again 
 offered. (Harpocrat. s. v. rpiaKcis.) At Sparta the 
 time of mourning was limited to eleven days. 
 (Plut. Li/c. 27.) During the time of mourning it 
 was considered indecorous for the relatives of the 
 deceased to appear in public (Aeschin. c. Ctesiph. 
 p. 468, 469); they were accustomed to wear a 
 black dress (Eurip. Helen. 1087 ; Iphiy.Azd. 1438; 
 Isaeus, De Nieostr. Iter. p. 71 ; Plut. Periel. 38), 
 and in ancient times cut off their hair as a sign of 
 grief. (nA</Ka/ios irfvflrjTTjpioj, Aeschyl. Cho'iph. 
 
 7-) 
 
 The tombs were preserved by the family to 
 which they belonged with the greatest care, and 
 were regarded as among the strongest ties which 
 attached a man to his native land. (Aeschyl. Pers. 
 405; Lycurg. c. ieopc. p. 141.) In the Dokima- 
 sia of the Athenian archons it was alwaj's a subject 
 of inquiry whether they had kept in proper repair 
 the tombs of their ancestors. (Xen. Mem. Li. 2. § 
 13.) On certain da3's the tombs were crowned 
 with flowers, and offerings were made to the dead, 
 consisting of garlands of flowers and various othei 
 things ; for an account of which see Aeschyl. Pers. 
 609, &c., Choeph. 86, &c. The act of offering 
 these presents was called tvayl^eiv, and the offer 
 ings themselves ivaylff/xara, or more commonlj 
 Xoai. Such offerings at the tombs are representee 
 upon many \iqKv6oi, or painted vases ; of which ar 
 example is given in the following woodcut. (MilUn 
 Peint.de Fuses, vol. ii. pl.27.) The tomb is built ir 
 the form of a temple (ripuiov), and upon it is a re 
 presentation of the deceased. See also Stackel 
 berg, pi. 44— 46, and Millin, vol. ii. pi. 32. 38, foi 
 further examples. 
 
 The yivecria mentioned by Herodotus (iv. 26 
 appear to have consisted in offerings of the sani 
 kind, which were presented on the anniversary i 
 the birth-day of the deceased. The veKvaia wer 
 probably offerings on the annivcrsarj' of the day < 
 the death ; though, according to some writers, tb 
 
FUNUS. 
 
 FlINUS. 
 
 439 
 
 reifuVia were the same as the yevearia. (Ilosych. 
 N. c. rev4<Tta: Granimat. Bekk. p. 231.) Meals 
 were also presented to the dead and burnt. (Lucian, 
 ('ontenipl. 2"2. vol. i. p. 519. ed. Reitz ; De Merc, 
 ('(iiid. 28. p. G87 ; Artemiod. Oticiruci: iv. 81.) 
 
 Certain criminals, who were put to death by the 
 st;ite, were also deprived of the rights of burial, 
 which was considered as an additional punish- 
 ment. There were certain places, both at Athens 
 and Sparta, where the dead bodies of such crimi- 
 n;ils were cast. (Plut. Thvm. 22 ; Thucyd. i. 134.) 
 A person who had committed suicide was not de- 
 prived of burial, but the hand with which he had 
 killed huuself was cut oif and buried by itself. 
 (Aeschin. c. Cfes. p. 636, 637.) The bodies of 
 those persons who had been struck by lightning, 
 were regarded as sacred (upoi ceicpoi') ; they were 
 never buried with others (Eurip. Sujijil. 933), but 
 J usually on the spot where they had been struck. 
 ; (Artemiod. Oiieirocr. ii. 9. p. 146; Bidental.) 
 We now proceed to give an account of Roman 
 funerals. They were conducted in some respects 
 in the same manner as Greek funerals ; but as they 
 differ in many important particulars, a separate ac- 
 count of «ach is given in this article. 
 
 When a Roman was at the point of death, his 
 nearest relation present endeavoui'ed to catch the 
 liist breath with his mouth. (Virg. Aen. iv. 684 ; 
 Cic. Verr. v. 45.) The ring was taken oif the 
 I finger of the dying person (Suet. Tib. 73 ) ; and as 
 I soon as he was dead his eyes and mouth were 
 closed by the nearest relation (Virg. Aen. ix. 487 ; 
 Lucan, iii. 740), who called upon the deceased by 
 name {inclamafe, concluiuare), eKclaiming have or 
 vale. (Ovid, Trist. m. iii. 43, Met. x. 62, Fanf. iv. 
 852; Catull. ci. 10.) The corpse was then washed, 
 and anointed with oil and perfumes by slaves, 
 called Pullindurcs, who belonged to the Libit inarii, 
 or undertakers, called by the Greeks u^KpoBdirrai. 
 (Dig. 14. tit. 3. s. 5. g 8.) The Libitiuarii appear 
 to have been so called because they dwelt near the 
 temple of Venus Libitina, where all things requisite 
 for funerals were sold. (Senec. De Bciief. vi. 38 ; 
 Plut. Quaest. Rom. 23 ; Liv. xli. 21 ; Plut. Num. 
 12.) Hence we find the expressions vitare Lihiti- 
 nam and evadere Lihitinam used in the sense of 
 escapingdeath. (Hor. Carm. iii.xxx.6 ;Juv. xii.122.) 
 At this temple an account {ratio, ephemeris) was 
 kept of those who died, and a small sum was paid 
 for the registration of their names. (Suet. Ner. 39; 
 Dionys. Ant. Rom. iv. 15.) 
 
 A small coin was then placed in the mouth of 
 the corpse, in order to pay the ferryman in Hades. 
 (Juv. iii. 267), and the body was laid out on a 
 couch in the vestibule of the house, with its feet 
 towards the door, and dressed in the best robe 
 which the deceased had worn when alive. Ordi- 
 nary citizens were dressed in a white toga, and 
 magistrates in their official robes. (Juv. iii. 172; 
 Liv. xxxiv. 7 ; Suet. Ner. 50.) If the deceased 
 had received a crown while alive as a reward for 
 his bravery, it was now placed on his head (Cic. 
 De Leg. ii. 24) ; and the couch on which he was 
 laid was sometimes covered with leaves and flowers. 
 A branch of cypress was also usually placed at the 
 door of the house, if he was a person of conse- 
 quence. (Lucan. iii. 442 ; Hor. Carm. il. xiv. 23.) 
 
 Funerals were usually called funcra junta or 
 ea-sequiae ; the latter tenn was generally applied to 
 the funeral procession (pompa funehris). There 
 were two kinds of funerals, public and private ; of 
 
 which the former was called /anus publicum (Tacit. 
 Ann. vi. 11) or indictivum, because the people were 
 invited to it by a herald. (Festus, s. v.; Cic. De 
 Leg. ii. 24) ; the latter funus taciturn (Ovid, Trist. 
 1. iii. 22), traiislatitium (Suet.A'e*'. 33), or plebeium. 
 A person appears to have usually left a certain sum 
 of money in his will to pay the expenses of his 
 funeral ; but if he did not do so, nor appoint any 
 one to bury him, this duty devolved upon the persons 
 to whom the property was left, and if he died with- 
 out a will, upon his relations according to their 
 order of succession to the property. (Dig. 11. tit. 
 7. s. 12.) The expenses of the funeral were in 
 such eases decided by an arbiter according to the 
 property and rank of the deceased (Dig. /. c), 
 whence arbitria is used to signify the funeral ex- 
 penses. (Cic. pro Domo, 37, post Red. in Sen. 7 ; in 
 Pis. 9.) The following description of the mode in 
 which a funeral was conducted only applies strictly 
 to the funerals of the great ; the same pomp and 
 ceremony could not of course be observed in the 
 case of persons in ordinaiy circumstimces. 
 
 All funerals in ancient times were performed at 
 night (Serv. ad Virg. Aen. xi. 143; Isidor. xi. 2, 
 XX. 10), but afterwards the poor only were buried 
 at night, because they coidd not attbrd to have any 
 funeral procession. (Festus, s. v. Vespas; Suet. 
 Doin. 1 7 ; Dionys. iv. 40.) The corpse was usually 
 carried out of the house (cjferebutur) on the eighth 
 day after the death. (Serv. ad Virg. Aen. v. 64.) 
 The order of the funeral procession was regulated 
 by a person called Designator or Dominus Funeris, 
 who was attended by lictors dressed in black. 
 (Donat ad Ter. Adelpli. i. ii. 7 ; Cic. De Leg. ii. 24 ; 
 Hor. Ep. I. vii. 6.) It was headed by musicians 
 of various kinds {cornicincs, siticiues), who played 
 mournful strains (Cic. Lbiil. ii. 23 ; Gell. xx. 2), 
 and next came mourning women, called Pracficae 
 (Festus, .<;. v.), who were hired to lament and sing 
 the funeral song (iiuenia or lessus) in praise of the 
 deceased. These were sometimes followed by 
 players and buffoons {scurrae, histrio7ies), of whom 
 one, called Archimimus, represented the character 
 of the deceased, and imitated his words and actions. 
 (Suet. Vesp. 19.) Then came the slaves whom the 
 deceased had liberated, wearing the cap of liberty 
 (pileuti) ; the number of whom was occasionally 
 very great, since a master sometimes liberated all 
 his slaves, in his will, in order to add to the pomp 
 of his funeral. (Dionys. iv. 24 ; compare Liv. 
 xxxviii. 55.) Before the corpse the images of the 
 deceased and of his ancestors were carried (Cic. 
 pro Mil. 13; Dion. Cass. Ivi. 134; Plin. H. N. 
 xxxv. 2), and also the crowns or military rewards 
 which he had gained. (Cic. De D'g. ii. 24.) 
 
 The corpse was carried on a couch {leeiica), to 
 which the name of Feretrum (Varro, De Ling. Lot. 
 V. 166) or Capulum (Festus, s. v.) was usually 
 given ; but the bodies of poor citizens and of slaves 
 were carried on a common kind of bier or colhn, 
 called Sandujiila. (Mart. ii. 81, viii. Ixxv. 14; Juv. 
 viii. 175 ; vilis area, Hor. Sat. i. viii. 9.) The 
 Sandapila was carried by bearers, called Vespae or 
 Vespillones (Suet. Dom. 17; Mart. i. xxxi. 48), 
 because, according to Festus (s. v.), they canied 
 out the corpses in the evening (vesjiertino tempore). 
 The couches on which the corpses of the rich were 
 carried were sometimes made of ivory, and covered 
 with gold and purple. (Suet. Jul. 84.) They were 
 often carried on the shoulders of the nearest rela- 
 tions of the deceased (Valer. Max. vii. I. § 1 ; Hor. 
 
440 
 
 FUN US. 
 
 FUNUS. 
 
 Saf. II. viii.56), and sometimes on those of his freed- 
 men. (Pers. iii. 106.) Julius Caesar was carried 
 by the magistrates (Suet. JuL 84), and Augustus 
 by the senators. (Id. Aitg. 100 ; Tacit. Ann. i. 8.) 
 
 The relations of the deceased walked behind the 
 corpse in mourning ; his sons with their heads 
 veiled, and his daughters with their heads bare and 
 their hair dishevelled, contrarj' to the ordinary 
 practice of both. (Pint. Quaest. Rom. 14.) They 
 often uttered loud lamentations, and the women 
 beat their breasts and tore their cheeks, though 
 this was forbidden by the Twelve Tables. (Midieres 
 yenas ne radunto, Cic. De Ley. ii. "2.3.) If the de- 
 ceased was of illustrious rank, the funeral proces- 
 sion went through the forum (Dionys. iv. 40), and 
 stopped before the rostra, where a fimeral oration 
 {laudatio) in praise of the deceased was delivered. 
 (Dionys, v. 1 7 ; Cic. Mi/. 1 3, Be Orut. ii. 84 ; 
 Suet. Jul. 84, Aug. 100.) This practice was of 
 great antiquity among the Romans, and is said by 
 some writers to have been first introduced by Pop- 
 licola, who pronounced a funeral oration in honour 
 of his colleague Brutus. (Plut. Poplic. 9 ; Dionys. 
 v. 1 7.) Women also were honoured by funeral 
 orations. (Cic. De Oral. ii. II ; Suet. Jul. 2(), Cal. 
 10.) From the Forum the corpse was carried to 
 the place of burning or burial, which, according to 
 a law of the Twelve Tables, was obliged to be out- 
 side the city. (Cic. De Leg. ii. 23.) 
 
 The Romans in the most ancient times buried 
 their dead (Plin. //. N. vii. 55), though they also 
 early adopted, to some extent, the custom of burn- 
 ing, which is mentioned in the Twelve Tables. 
 (Cic. /. c.) Burning, however, does not appear to 
 have become general till the later times of the re- 
 public ; Marius was buried, and Sulla was the first 
 of the Cornelian gens whose body was burned. 
 (Cic. Ih. ii. 22.) Under the empire burning was 
 almost universally practised, but was gradually dis- 
 continued as Christianity spread (Mimic. Felix, p. 
 327, ed. Ouzel. 1672), so that it had fallen into 
 disuse in the fourth century. (Macrob. vii. 7.) Per- 
 sons struck by lightning were not burnt, but buried 
 on the spot, which was called Bidental, and was 
 considered sacred. [Bidental.] Children also, 
 who had not cut their teeth, were not burnt, but 
 buried in a place called Suggrundarmm. (PUn. 
 H.N. vii. 15; Juv. xv. 140; Fulgent, de prise, 
 serm. 7.) Those who were buried were placed in 
 a coffin {area or loeulus), which was frequently 
 made of stone (Valer. Max. i. 1. § 12 ; Aurel. Vict. 
 De Vir. III. 42), and sometimes of the Assian 
 stone, which came from Assos in Troas, and which 
 consumed all the body, with the exception of the 
 teeth, in 40 days (Plin. H. N. ii. 98, xxxvi. 27), 
 whence it was called Sarcopliagus. This name was 
 in course of time applied to any kind of coffin or 
 tomb. (Juv. X. 172; Dig. 34. tit. 1. s. 18. § 5 ; 
 Orelli, I»scr. No. 194. 4432. 4554.) 
 
 The corpse was burnt on a pile of wood {pyra 
 or royus). Servius {ad Viry. Aen. xi. 185) thus 
 defines the difference between pi/ra and rogus, 
 " Pyra est lignorum congeries ; royus, cum jam 
 ardere coeperit, dicitur." This pile was built in 
 the form of an altar, with four equal sides, whence 
 we find it called ara sepiuleri (Virg. Aen. vi. 177) 
 and funeris ara. (Ovid, Trisl. III. xiii. 21.) The 
 sides of the pile were, according to the Twelve 
 Tables, to be left rough and unpolished (Cic. De 
 Tjey. ii. 23); but were frequently covered with 
 dark leaves. (Virg. Aen. vi. 215.) Cypress trees | 
 
 were sometimes placed before the pile. (Virg. 
 Ovid, /. e.; Sil. Ital. x. 535.) On the top of the 
 pile the corpse was placed, with the couch on which 
 it had been carried (Tibull. i. i. 61), and the 
 nearest relation then set fire to the pile with his 
 face turned away. [F.\x.] When the liames be- 
 gan to rise, various perfumes were thrown into the 
 fire (called by Cicero {I. c.) sumptuosa resjiersio), 
 though this practice was forbidden by the Twelve 
 Tables ; cups of oil, ornaments, clothes, dishes of 
 food, and other things, which were supposed to be 
 agreeable to the deceased, were also thrown upon 
 the fiames. (Virg. Aen. vi. 225 ; Stat. Tlieb. vi. 
 126; Lucan. ix. 175.) 
 
 The place where a person was burnt was called 
 Bustum, if he was afterwards buried on the same 
 spot [Bustum], and Ustritia or Uslrinum if he was 
 buried at a different place. Persons of property 
 frequently set apart a space, surrounded by a wall, 
 near their sepulchres, for the purpose of buniing 
 the dead ; but those who could not aft'ord the space 
 appear to have sometimes placed the funeral pyres 
 against the monuments of others, which was fre- 
 quently forbidden in inscriptions on monuments. 
 {LIuic monumevto ustriiiuin applieari /ion licet, 
 Gruter, 755. 4. 656. 3 ; Orelli, 4384, 4385.) 
 
 If the deceased was an emperor, or an illustrious 
 general, the soldiers marched {decurrehant) three 
 times round the pile (Virg. Ae7i. xi. 188 ; Tacit. 
 Ann. ii. 7), which custom was observed annually 
 at a monument l)uilt by the soldiers in honour of 
 Drusus. (Suet. Claud. 1.) Sometimes animals 
 were slaughtered at the pile, and in ancient times 
 captives and slaves, since the Manes were supposed 
 to be fond of blood ; but afterwards gladiators, 
 called Bustuarii, were hired to fight round the 
 burning pile. [Bustum.] 
 
 When the pile was burnt down, the embers 
 were soaked with wine, and the bones and ashes 
 of the deceased were gathered by the nearest rela- 
 tives (Virg. Aen. vi. 226—228 ; TibuU. i. iii. 6, 
 III. ii. 10; Suet. Aug. 100), who sprinkled them 
 with perfumes, and placed them in a vessel called 
 2irna (Ovid. Ann. III. ix. 39 ; ferulis urna. Tacit. 
 A7in. iii 1), which was made of various materials, 
 according to the circumstances of individuals. 
 Most of the funeral miis in the British Museum 
 are made of marble, alabaster, or baked clay. They 
 are of various shapes, but most commonly square 
 or round ; and upon them there is usually an 
 inscription or epitaph {tiiulus or ejiitaphium), be- 
 ginning with the letters D. M. S. or only D. M., 
 that is, Dis Manibus Sacrum, followed by the 
 name of the deceased, with the length of his life, 
 &c., and also by the name of the person who had 
 the urn made. The following examples, taken 
 from unis in the British Museum, will give a 
 general knowledge of such inscriptions. The first 
 is to SeruUia Zosimenes, who lived 26 3'ears, and is 
 dedicated by her son Prosdecius ; — 
 D. M. 
 Servlliae Zo.simeni 
 qvae vixit ann. xxvi. 
 Bene meren. fecit 
 Prosdecivs Filiv.s. 
 
 The next is an inscription to Licinius Successus, 
 who lived 1 3 years one month and 1 9 days, by his 
 most unhapi)y parents, Comicus and Auriola: — 
 Dis. Man. 
 comicvs. et 
 .\vRioi,.\. Parentes 
 
FUNUS. 
 
 Infblicissimi 
 
 LlCINlO SVCCESSO. 
 V. A. XII!. M. I. D. XIX. 
 
 The following woodcut is a representation of a 
 i^pulchral urn in the British Museum. It is of an 
 iright rectangular form, richly ornamented with 
 ■liage, and supported at the sides by pilasters. It 
 
 erected to the memory of Cossutia Prima. Its 
 laight is twenty-one inches, and its width, at the 
 ISC, fourteen inches six-eighths. Below the in- 
 ■ription an infant genius is represented di'iving a 
 :r drawn by four horses. 
 
 FUNUS. 
 
 441 
 
 After the bones and ashes of the deceased had 
 cen placed in the urn, the persons present were 
 In-ice sprinkled by a priest with pure water from 
 branch of olive or laurel for the purpose of purifi- 
 ation (Virg. Aen. vi. 229 ; Serv. ad loc.) ; after 
 t'hich they were dismissed by the pnwfica, or some 
 ther person, by the solemn word I licet, that is, 
 /'f licet. (Serv. I.e.) At their departure they were 
 ccustomed to bid farewell to the deceased by pro 
 iQuncing the word Vale. (Serv. I. c.) 
 
 The uiTis were placed in , sepulchres, which, as 
 Iready stated, were outside the city, though in a 
 i-\v cases we read of the dead being buried within 
 111' city. Thus Valerius, Publicola, Tubertus, and 
 'aliricius were buried in the city ; which right 
 heir descendants also possessed, but did not use. 
 t ic. De Ley. ii. 23.) The vestal virgins and the 
 uii)crors were buried in the city, according to Ser- 
 ins {ad Virtj. Aen. xi. 205), because they were 
 u)t bound by the laws. By a rescript of Hadrian, 
 hiise who buried a person in the city were liable to 
 1 penalty of 40 aurei, which was to be paid to the 
 iscus ; and the spot where the burial had taken 
 >lace was conhscated. (Dig. 47. tit. 12. s. 3. § 5.) 
 rhe practice was also forbidden by Antoninus Pius 
 Capitol. Anton. Pins, 12), and Theodosius II. 
 Cod. Theod. 9. tit. 17- s. (J.) 
 
 The verb scpclire, like the Greek SaTrreic, was 
 ipplied to every mode of disposing of the dead 
 I'lin. H. jV. vii. .55) ; and scpu/cnim signified any 
 »iiid of tomb in which the body or bones of a man 
 vere placed. (^Si'pidcruin est, nlji corpus ossare 
 
 hominis condita sunt. Dig. 1 1. tit. 7. s. 2. § 5 ; com- 
 pare 47. tit. 12. s. 3. g 2.) The term liiimarc was 
 originally used for burial in the earth (Plin. /. c), 
 but was afterwards applied like sepelire to any mode 
 of disposing of the dead ; since it appears to have 
 been the custom, after the body was burnt, to throw 
 some earth upon the bones. (Cic. De Ley. ii. 23.) 
 
 The places for burial were either public or pri- 
 vate. The public places of burial were of two 
 kinds ; one for illustrious citizens, who were buried 
 at the public expense, and the other for poor citi- 
 zens, who could not afford to purchase ground for 
 the purpose. The fonner was in the Campus Mar- 
 tius, wiiich was ornamented with the tombs of the 
 illustrious dead [Campus Martius], and in the 
 Campus Esquilinus (Cic. Fhil.ix.7); the latter 
 was also in the Campus Es(|uilinus, and consisted 
 ot small pits or caverns, c;illed pu^j'caK or puticulac 
 ( Van-. De Ling. Lat. v. 25. ed. Miiller ; Festus, 
 s. v.; Hot. Sat. i. viii. 10) ; but as this place ren- 
 dered the neighbourhood unhealthy, it was given 
 to Maecenas, who converted it into gardens, and 
 built a magnificent house upon it. Private places 
 for burial were usually by the sides of the roads 
 leading to Rome ; and on some of these roads, such 
 as the Via Appia, the tombs formed an almost un- 
 interrupted street for many miles from the gates of 
 the city. They were frequently built by indivi- 
 duals during their life-time (Senec. De Brcv. Vit. 
 20) ; thus Augustus, in his sixth consulship, built 
 the Mausoleum for his sepulchre between the Via 
 Flaminia and the Tiber, and planted round it 
 woods and walks for public use. (Suet. Auy. 100.) 
 The heirs were often ordered by the will of the 
 deceased to build a tomb for him ( Hor. Sat. ii. iii. 
 84, V. 105 ; Plin. J!p. vi. 10) ; and they sometimes 
 did it at their own expense {de siio), which is not 
 unfrequently recorded in the inscription on funeral 
 monuments, as in the following example taken 
 from an urn in the British Museum : — 
 Diis Manibvs 
 L. Lbpidi Epaphrab 
 Patris Optimi 
 L. Lepidivs 
 Maximvs F. 
 De. Svo. 
 
 Sepulchres were origirudly called bitsfa (Festus, 
 s. V. Sepidcrum), but this word was afterwards em- 
 ployed in the manner mentioned under Bustum. 
 Sepulchres were also frequently called Monumenta 
 (Cic. ad Fam. iv. 12. § 3; Uvid, Met. xiii. 524), 
 but this term was also applied to a monument 
 erected to the memory of a person in a different 
 place from where he was buried. ( Festus, s. ; 
 Cic. pro Sej(t. ()7.) Conditoria or conditiva were 
 sepulchres under ground, in which dead bodies 
 were placed entire, in contradistinction to those 
 sepulchres which contained the bones and ashes 
 only. They answered to the Cireek vvoyeiov or 
 VTroyoLiov. [CoNDlTulllUM.] 
 
 The tombs of the rich were commonly built of 
 marble, and the ground enclosed with an iron 
 railing or wall, and planted round with trees. (Cic. 
 ml Fam. iv. 12. *; 3 ; Tibull. iii. ii. 22 ; Suet. Ner. 
 33. 50 ; Martial, i. 89.) Tiie extent of the bury- 
 ing ground was marked by Cippi [Cippus]. The 
 name of Mausoleum, which was originally the 
 name of the magnificent sepulchre erected by Arte- 
 misia to the memory of Mausolus king of Caria 
 (Plin. //. .V. xxxvi. 4. § ,9, xxxv. 49 ; (jell. x. 18), 
 was sometimes given to any splendid tomb. (Suet. 
 
442 
 
 FUN US. 
 
 FUNUS. 
 
 Aug. 100; Paus. viii. 16. § 3.) The open space 
 before a sepulchre was called forum [ForumJ, and 
 neither this space nor the sepulchre itself could 
 become tlie property of a person by usucapion. 
 (Cic. Dii Ley. ii. "24.) 
 
 Private tombs were either built by an individual 
 for himself and the members of his iixmWy {scpulcra 
 /amUiariu), or for himself and his heirs {sejmlcra 
 /lereditariu. Dig. 11. tit. 7. s. 5). A tomb, which 
 was fitted up with niches to receive the funeral 
 urns, was aiUed culumhariuin, on account of the 
 resemblance of these niches to the holes of a 
 
 pigeon-house. In these tombs the ashes of thi 
 freedmen and slaves of great families were fre 
 quently placed in vessels made of baked clay 
 called oUkc, which were let into the thickness o 
 the wall within these niches, tlie lids only beinj 
 seen, and the inscriptions plated in front. A re 
 presentation of a columbarium is given on p. 26.5. 
 
 Tombs were of various sizes and forms, accordin; 
 to the wealth and taste of the owner. The fol 
 lowing woodcut, which represents part of the strce 
 of tombs at Pompeii, is taken from Mazois, Pom 
 peiana, part i. pi. 18. 
 
 All these tombs were raised on a platform of 
 masonry above the level of the footway. The first 
 building on the right hand is a funeral triclinium, 
 which presents to the street a plain front about 
 twenty feet in length. The next is the family 
 tomb of Naevoleia Tyche ; it consists of a square 
 building, containing a small chamber, and from the 
 level of the outer wall steps rise, which support a 
 marble cippus richly ornamented. The burial- 
 ground of Nestacidius follows next, which is sur- 
 rounded by a low wall ; next to which comes a 
 monument erected to the memory of C. Calventius 
 Quietus. The building is solid, and was not 
 therefore a place of burial, but only an honorary 
 tomb. The wall in front is scarcely four feet 
 high, from which three steps lead up to a cippus. 
 The back rises into a pediment ; and the extreme 
 height of the whole from the footway is about 
 seventeen feet. An unoccupied space intervenes 
 between this tomb and the next, which bears no 
 inscription. The last building on the left is the 
 tomb of Scaurus, which is ornamented with bas- 
 reliefs representing gladiatorial combats and the 
 hunting of wild beasts. 
 
 The tomljs of the Romans were ornamented 
 in various ways, but they seldom represented 
 death in a direct manner. (Miiller, Arch'dol. tier 
 Kunst, § 431 ; Lessing, Wie die Alten den Tod 
 gebiklet liuht-n ?) A horse's head was one of the 
 most common representations of death, as it signi- 
 fied departure ; but we rarely meet with skeletons 
 upon tombs. The following woodcut, however, 
 which is taken from a bas-relief upon one of the 
 tombs of Pompeii, represents the skeleton of a 
 child lying on a heap of stones. The dress of the 
 female, who is stooping over it, is remarkable, and 
 is still preserved, according to Mazois, in the 
 country around Sora. (Mazois, Pomp. i. pi. "29.) 
 
 A sepulchre, or any place in which a person 
 was buried, was reliijiosus ; all things which were 
 left or belonged to the Dii Manes were religiosae ; 
 those consecrated to the Dii Superi were called 
 Sacme. (Gaius, ii. 4. C.) Even the place in which 
 a slave was buried was considered religiosus. ( Dig. 
 11. tit. 7. s. 2.) Whoever violated a sepulchre was 
 subject to an action tenned sepulcri violati actio. 
 (Dig. 47. tit. 12; compare Cic. Tusc. i. 12; Cic. 
 Dc Lcff. ii. 22.) Those who removed the bodies 
 or bones from the septdchre were punished by death 
 or deport;itio in insulani, according to their rank ; 
 
 if the sepulchre was violated in any other wa_\ 
 they were punished by deportatio, or condemna 
 tion to the mines. (Dig. 47. tit. 12. s. 11.) Th 
 title in the Digest ( 11. tit. 7), " De Religiosis e 
 Sumtibus Funerum," &c., also contains much cur; 
 ous information on the subject, and is well wort 
 perusal. 
 
 After the bones had been placed in the luii a 
 the funeral, the friends returned home. They the 
 underwent a further purification called sujfiti( 
 which consisted in being sprinkled with water an^ 
 stepping over a fire. (Festus, s. v. Acjua et iyni. 
 The house itself was also swept with a certai 
 kind of broom ; which sweeping or purification wa 
 called ex-verrae, and the person who did it everrk 
 tor. (Festus, s. v.). The Detiicales Feriae wer 
 also days set apart for the purification of th 
 famity. (Festus, s. v.; Cic. De Leg. ii. 22.) Th 
 mourning and solemnities connected with the dea 
 lasted for nine days after the funeral, at the end i 
 which time a sacrifice was performed, called Novei 
 diale. (Porphyr. ud. Ilorat. Epod. xvii. 48.) 
 
 A feast was given in honour of the dead, hi 
 it is uncertain on what day ; it sometimes appeal 
 to have been given at the time of the funeral, somi 
 times on the Novendiale, and sometimes late 
 The name of Siliceriiium was given to this fea^ 
 (Festus, s. t'.) ; of which the etymology is ui 
 known. Among the tombs at Pompeii there is 
 funeral triclinium for the celebration of these feast 
 which is represented in the annexed woodcu 
 (Mazois. Pomp. i. pi. xx.) It is open to the sk' 
 and the walls are ornamented by paintings of an 
 mals in the centre of compartments, which ha\ 
 
FUNUS. 
 
 rders of flowers. The triclinium is made of stone, 
 th a pedestal in the centre to receive the table. 
 
 Aft<> the funeral of great men, there was, in ad- 
 tion to the feast for the friends of the deceased, 
 distribution of raw meat to the people, called 
 'isceratio (Liv. viii. ■2"2), and sometimes a public 
 jmquet. (Suet. Jul. 2ti.) Combats of gladiators 
 !id other games were also frequently exhibited in 
 l^nour of the deceased. Thus at the funeral of P. 
 iicinius Crassus, who had been Pontifex Maxi- 
 '.us, raw meat was distributed to the people, a 
 undred and twenty gladiators fought, and funeral 
 imes were celebrated for three days ; at the end 
 :' which a public banquet was given in the forum. 
 Liv. xxxix. 46.) Public feasts and funeral games 
 •ere sometimes given on the anniversary of fune- 
 ils. Faustus, the son of Sulla, exhibited in 
 onouT of his father a sliow of gladiators several 
 ears after his death, and gave a feast to the peo- 
 le, according to his father's testament. (Dio, 
 xxvii. 51 ; Cic. pro Sit/L 19.) At all banquets 
 1 honour of the dead, the guests were dressed in 
 hite. (Cic. c. Vatiii. 13 ) 
 
 The Romans, like the Greeks, were accustomed 
 0 visit the tombs of their relatives at cerfciin 
 'eriods, and to offer to them sacrifices and various 
 ifts, which were called IiifiriM and I'arentalia. 
 "he Romans appear to have regarded the Manes or 
 departed souls of their ancestors as gods ; whence 
 'rose the practice of presenting to them oblations, 
 >hich consisted of victims, wine, milk, garlands of 
 lowers, and other things. (Virg. Aoi. v. 77, ix. 
 '!15, X. 51!); Tacit. Hist. ii. 95; Suet. Cal. 15; 
 yer. 57 ; Cic. Pliil. i. 6.) The tombs were some- 
 iraes illuminated on these occasions with lamps. 
 Dig. 40. tit. 4. s. 44.) In the latter end of the 
 nonth of Febniary there was a festival, called 
 '^eralia, in which the Romans were accustomed to 
 :arry food to the sepulchres for the use of the dead. 
 ■ Festus, s. V. ; Varro, De Ling. Lat. vi. 13; Ovid, 
 Fast. ii. 565—570 ; Cic. a(l Att. viii. 14.) 
 
 The Romans, like ourselves, were accustomed to 
 vcar mourning for their deceased friends, which 
 appears to have been black under the republic for 
 joth sexes. Under the empire the men continued 
 :o wear black in mourning (.Juv. x. 245), but the 
 '.vomen wore white. (Herodian. iv. 2.) They laid 
 iside all kinds of ornaments (Herodian. I. c; 
 Ferent. Heaut. ii. iii. 47), and did not cut either 
 ■;heir hair or beard. (Suet. Jul. 67, Aug. 23, Cal. 
 24.) Men appear to have usually worn their 
 nouming for only a few days (Dion Cass. Ivi. 43), 
 out women for a year when they lost a husband or 
 parent. (Ovid, Fast. iii. 134; Senec. Epist. 63, 
 Ccmsol. ad Helv. 16.) 
 
 In a public mourning on account of some signal 
 'calamity, as for instance the loss of a battle or the 
 death of an emperor, there was a total cessation 
 from business, called .Justitium, which was usually 
 ordained by public appointment. During this 
 period the courts of justice did not sit, the shops 
 
 FURTUM. 443 
 
 were shut, and the soldiers freed from military 
 duties. (Tacit. Ai/n. i. 16, ii. 82 ; Liv. ix. 7 ; Suet. 
 Cal. 24.) In a public mourning the senators did 
 not we.ar the latus clavus and their rings (Liv. ix. 
 7), nor the magistrates their badges of ottice. (Tacit. 
 A7i/>. iii. 4.) 
 
 ( Meursius, De Fitnere ; Stackelberg, Die Graber 
 der Hcllencti, Berl. 1837 ; Kirchmann, De Funeri- 
 hus liomanis; Becker, C/nirit.les, vol. ii. p. 166 — 
 210 ; Gallus, vol. ii. p. 271—301.) 
 
 FURCA, which properly means a fork, was 
 also the name of an instrimient of punishment. It 
 was a piece of wood in the form of the letter A, 
 which was placed upon the shoulders of the offen- 
 der, whose hands were tied to it. Slaves were fre- 
 quently punished in this way, and were obliged to 
 carry about the furca wherever they went (Donat. 
 ad Ter. Andr. III. v. 12; Plut. Coriol. 24; Plant. 
 Cas. II. vi. 37); whence the appellation of furcifcr 
 was applied to a man as a term of reproach. (Cic. 
 in Vutin. 6.) The furca was used in the ancient 
 mode of capital punishment among the Romans ; 
 the criminal was tied to it, and then scourged to 
 death. (Liv. i. 26; Suet. iVcr. 49.) The joa/fc- 
 luin was also an instrument of punishment, resem- 
 bling the furca ; it appears to have been in the 
 form of the letter n. (Plant. Mil. ii. iv. 7 ; Mostdl. 
 I. i. 53.) Both the furca and patibulum were also 
 emploj'ed as crosses, to which criminals appear to 
 have been nailed (in furca suspendere. Dig. 48. tit. 
 13. s. 6 ; tit. 19. s. 28. § 15 ; s. 38). See Lipsius 
 Dc Cruce. 
 
 FURIO'SUS. [Curator, p. 305.] 
 FURNUS. [Fornax ; Pistor.] 
 FUROR. [Curator, p. 305.] 
 FURTI actio. [Furtum.] 
 FURTUM, " theft," is one of the four kinds of 
 delicts which were the foundation of obligations ; 
 it is also called, in a sense, " crimen " [Crimen]. 
 Moveable things only could be the objects of fur- 
 tum ; for the fraudulent handling {contredaiio 
 fraudulosa) of a thing against the owner's con- 
 sent was furtum, and contrectatio is defined to 
 be " loco movere." But a man might commit 
 theft without carrying oif another person's pro- 
 perty. Thus it was furtum to use a thing 
 deposited {deposituni). It was also furtum to 
 use a thing which had been lent for use, in a 
 way diflferent from that which the lender had 
 agreed to ; but with this qualification, that the 
 borrower must believe that he was doing it against 
 the owner's consent, and that the owner would not 
 consent to such use if he was aware of it ; for dolus 
 malus was an essential ingredient in furtum. Ac- 
 cordingly, both dolus malus on the part of the per- 
 son charged with furtum, and the want of consent 
 on the part of the owner of the thing, were neces- 
 sary to constitute furtum. Another requisite of 
 furtum (Dig. 47. tit. 2. s. 1) is the " lucri 
 faciendi gratia," the intention of appropriating 
 another person's property. This was otherwise ex- 
 pressed by saying that fiirtum consisted in the in- 
 tention {furtum ccc affeciu cotisistil). It was not 
 necessary, in order to constitute furtum, that the 
 thief should know whose property the thing was. 
 A person who was in the power of another, and a 
 ^vife in manu, might be the objects of furtum. A 
 debtor might commit furtum by taking a thing 
 which he had given as a pledge {pi</miri) to a cre- 
 ditor ; or by taking his property when in the pos- 
 session of a bona fide possessor. Thus there might 
 
444 
 
 FURTUM. 
 
 FURTUM. 
 
 be furtiun of a thing itself, of the use of it, and 
 of the possession. 
 
 A person might commit furtum by aiding in a 
 furtum, as if a man should jostle you in order to 
 give another the opportunity of taking your money; 
 or drive away your sheep or cattle in order that 
 another might get possession of them : but if it were 
 done merely in a sportive way, and not with a 
 view of aiding in a theft, it was not furtum, though 
 perhaps there might be in such case an actio utilis 
 under the Lex Aquilia, which gave such an action 
 even in the case of culpa [Damnum.] 
 
 Furtum was either Manifestum or Nec Manifes- 
 tum. It was clearly Manifestum when the person 
 was caught in the act ; but in various other cases 
 there was a difference of opinion as to whether the 
 furtum was manifestum or not. Some were of 
 opinion that it was furtmn manifestum so long as 
 the thief was engaged in caiTying the thing to the 
 place to which he designed to carry it ; and others 
 maintained that it was furtum manifestum if the 
 thief was ever found with the stolen thing in his 
 possession. That which was not manifestum was 
 nec manifestum. Furtum conceptura and oblatum 
 were not species of theft, but species of action. It 
 was called conceptum furtum when a stolen thing- 
 was sought and found, in the presence of witnesses, 
 in the possession of a person, who, though he 
 might not be the thief, was liable to an action 
 called Furti Concepti. If a man gave you a stolen 
 thing, in order that it might be found (conciperetur) 
 in your possession, rather than his, tliis was called 
 Furtum Oblatum, and you had an action Furti 
 Oblati against him, even if he was not the thief, j 
 There was also the action Prohibiti Furti against 
 him who prevented a person from searching for a 
 stolen thing {furtum) ; for the word furtum signi- 
 fies both the act of theft and the thing stolen. 
 
 The punishment for furtum manifestum by the 
 law of the Twelve Tables was capitiilis, that is, it 
 affected the person's caput: a freeman who had 
 committed theft was flogged and consigned (addic- 
 tus) to the injured person ; but whether the thief 
 became a slave in consequence of this addictio, or 
 an adjudicatus, was a matter in dispute among the 
 ancient Romans. The Edict subsequently changed 
 the penalty into an actio quadnipli, both in the case 
 of a slave and a freeman. The penalty of the 
 Twelve Tables, in the case of a furtum nec mani- 
 festum, was duplum, and this was retained in the 
 Edict : in the case of the conceptum and oblatum 
 it was triplum, and this also was retained in the 
 Edict. In the case of Prohibitiun, the penalty was 
 quadruplum, according to the provisions of the 
 Edict ; for the law of the Twelve Tables had affixed 
 no penalty in this case, but merely enacted that if 
 a man would search for stolen property, he nmst 
 be naked aU but a cloth round his middle, and must 
 hold a dish in his hand. If he found any thing, it 
 was furtum manifestum. The absurdity of the 
 law, says Gains, is apparent ; for if a man would 
 not let a person search in his ordinary dress, much 
 less would he allow him to search undressed, when 
 the penalty would be so much more severe if any 
 tiling was found. (Compare Grimm, Vm der Poesie 
 iin Jkchi, Zeitschrift, ii. 91.) 
 
 The actio furti was given to all persons who had 
 an interest in the preservation of the thing stolen 
 ((■«/«>■ interest mil mlvum csw), and the owner of 
 a thing, therefore, had not lU'cessarily this action. 
 A creditor might have this action even against the 
 
 : owner of a thing pledged, if the owner was th 
 thief. A person to whom a thing was deliverei 
 (bailed) in order to work upon it, as in the case o 
 clothes given to a tailor to mend, could bring thi 
 action, and not the owner, for the owner had a; 
 action (locati) against the tailor. But if the tailo 
 was not a responsiljle person, the owner had hi 
 action against the thief, for in such case the ownc 
 had an interest in the preservation of the thing 
 The rule was the same in a case of conmiodatun 
 [Commodatum] ; but in a case of deposituic 
 the depositee was under no obligation for the saf'( 
 custody of the tiling {cusiodiaiii praestare),m.ni li. 
 was under no liability except in the case of dolus 
 if then the deposited thing was stolen, the ownei 
 alone had the actio furti. 
 
 An impubes might commit theft {ohliyatm 
 crimine furti), if he was bordering on the age o 
 puberty, and consequently of sufficient capacity ti 
 understand what he was doing. If a person win 
 was in the power of another committed furtum 
 the actio furti was against the latter. 
 
 The right of action died with the offending per 
 son. If a peregrinus committed furtum, he wai 
 made liable to an action by the fiction of his 
 being a Roman citizen (Gains, iv. 37) ; and by 
 the same fiction he had a right of action, if his pro- 
 perty was stolen. 
 
 He who took the property of another by forc( 
 was guilty of theft, inasmuch as he took it against 
 the vnW of the owner ; but in the case of thi; 
 delict, the praetor gave a special action Vi bonorum 
 raptorum. The origin of the action Vi bonoruiii 
 raptorum is referred by Cicero to the time of tht 
 civil wars, when men had become accustomed to actt 
 of violence and to the use of arms against one 
 another. Accordingly the Edict was originally 
 directed against those who with bodies of armed 
 men (hoininibus armatis coactis</ue) did injury ti 
 the property of another or carried it ofi' (ry«i</ an, 
 rajiiierint aut damni dederiiit). With the estah 
 lishnient of order under the empire the prohibition 
 against the use of arms was less needed, and thi 
 word armatis is not contained in the Edict a; 
 cited in the Digest (47. tit. 8). The applicatior 
 of the Edict would however have still been very 
 limited, if it had been confined to cases whert 
 numbers were engaged in the violence or robberj- 
 and accordingly the jurists discovered that tlu 
 Edict, when properly understood, applied also tc 
 the case of a single person committing damnum oi 
 carrying off property. Originally the Edict com- 
 prehended both damnum and bona rapta, and, in 
 deed, damnum effected vi hominibus armati; 
 coactisque, was that kind of violence to the re 
 prcssion of which the Edict was at first niainh 
 directed. Under the empire the reasons for thi: 
 part of the Edict ceased, and thus we see that ii 
 Ulpian's time the action was simply called " v 
 bonoram raptonim." In the Institutes and Codi 
 the action applies to robbery only, and there is n( 
 trace of the other part of the Edict. This instruc- 
 tive illustration of the gradual adaptation, even of thi 
 Edictal law, to circumstances is given by Savign\ 
 {Zeitschrif}. v. Ueber Cicero Pro TuUio und dii 
 Actio vi bononim Raptorum), who has also givei 
 the masterly emendation of Dig. 47. tit. 8. s. 2 
 § 7, by Heise. 
 
 Besides the actio furti, the owner of the tiling 
 had a personal action for the recovery of the stolei 
 thing {rei perscadio) or its value (eoiidictio furtiva^ 
 
FUSTUARIUM. 
 
 FUSUS. 
 
 445 
 
 ainst a thief and his heredes, as well as the rei 
 kdicatio, the reason of which is given by Gains 
 
 '. 4). Infamia was a consequence of coiidemna- 
 [)n in the actio furti. 
 
 ; The strictness of the old law in the case of 
 'tions of theft was gradually modified, as already 
 ■own. By the law of the Twelve Tables, 
 J theft (_/«)•<«»;) was committed in the night, 
 le thief, if caught in the act, might be killed : 
 M he might also be killed in the daytime, if he 
 las caught in the act and defended himself with 
 |iy kind of a weapon (tduin) ; if he did not so 
 i^fend himself, he was whipped and became ad- 
 ;ctus, if a freeman (as above stated); and if a 
 jave, he was whipped and thrown down a preci- 
 ; ce. 
 
 I The following are peculiar kinds of actiones 
 jirti: (1 ) Actio de tigno juncto, against a person 
 jho employed another person's timber in his 
 'uilding ; (2) Actio arborum furtim caesarum, 
 ijainst a person who secretly cut wood on another 
 ';rson's ground ; (3) Actio furti adversus nautas 
 j; caupones, against nautae and caupones [Exer- 
 Sitor], who were liable for the acts of the men in 
 lleir employment. 
 
 I There were two cases in which a bona fide pos- 
 j;ssor of another person's property could not obtain 
 !|ie ownership by usucapion ; and one of them was 
 jhe case of a res furtiva, which was provided for 
 ■a the Twelve Tables. 
 
 i (Gains, iii. 183 — 209 ; Gelliiis, xi. 18 ; Dig. 
 17. tit. 2 ; Inst. 4. tit. 1 ; Dirkscn, Uebersicht, 
 |cc. p. 564 — 594 ; Heinec. Siintay. ed. Haubold ; 
 'lein. Das Rom. Recht. p. 345 ; Rosshirt, Grmid- 
 
 &c. ; Marezoll, Lchrhuch, &c.) [G. L.] 
 I FU'SCINA (rpiaim), a trident ; more commonly 
 .ailed tndetis., meaning tridens sUmtdus, because it 
 iras originally a three-pronged goad, used to incite 
 jorses to greater swiftness. Neptune was supposed 
 |o be armed with it when he drove his chariot, and 
 : t thus became his usual attribute, perhaps witli an 
 illusion also to the use of the same instrument in 
 ■larpooning fish. See woodcuts, p. 172. 224. 
 Horn. xii. 27 ; Od. iv. 506 ; v. 292 ; Virg. Gcorg. 
 \. \Z;Aen. i. 138. 145; ii. 610; Cic. De Nat. Dear. 
 ,. 36 ; Philost. Imag. ii. 14.) With it (irifida 
 f^pide, Claud. De Rap. Pros. ii. 179) he was said 
 0 have broken a passage through the mountains of 
 rhessaly for the river Peneus. The trident was also 
 .ttributed to Nereus (Virg. Aen. ii. 418) and to 
 he Tritons. (Accius, a^. Cic. DeNat. Deor. ii. 35; 
 Mart. i. 26. 3.) 
 
 In the contests of gladiators the Retiarms was 
 irmed with a trident. (Juv. ii. 148, viii. 203.) 
 Gladiator,.] [J. Y.] 
 
 FUSTUA'RIUM (|u\oifoma) was a capital 
 junishment inflicted upon Roman soldiers for 
 iesertion, theft, and similar crimes. It was ad- 
 ninistered in the following manner : — When a 
 ;ioldier was condemned, the tribune touched him 
 slightly with a stick, upon which all the soldiers of 
 ,the legion fell upon him with sticks and stones, 
 -ind generally killed him upon the spot. If how- 
 ■ever he escaped, for he was allowed to fly, he could 
 not return to his native country, nor did any of his 
 relatives dare to receive him into their houses. 
 .(Polyb. vi. 37 ; compare Liv. v. 6.) This punish- 
 ment continued to be inflicted in the later times of 
 the republic (Cic. Philip, iii. 6), and under the 
 lempire. (Tacit. Ann. iii. 21.) 
 
 Different from the fustuarium was the animad- 
 
 versio fustium, which was a coi-poral punishment 
 inflicted under the emperors upon free men, but 
 only those of the lower orders (tenttiorcs. Dig. 48. 
 tit. 19. s. 28. § 2). It was a less severe punish- 
 ment than the flogging with flagella, which punish- 
 ment was confined to slaves. (Dig. 48. tit. 19. 
 s. 10: 47. tit. 10. s. 45.) [Flagrum.] 
 
 FUSUS {arpaKTos), the spindle, was always, 
 when in use, accompanied by the distalf (colus, 
 rjActKaTr)), as an indispensable part of the same 
 apparatus. (Ovid, Met. iv, 220 — 229.) The wool, 
 flax, or other material, having been prepared for 
 spinning, and having sometimes been dyed (ioS;'6- 
 (pes iljios Ixoutra, Hom. Ud. iv. 135), was rolled 
 into a baU (roXvirri, (//omits, Hor. Epist. i. 13, 14; 
 Ovid, Alct. vi. 19), which was, however, sufficiently 
 loose to allow the filjres to be easily drawn out by 
 the hand of the spinner. The upper part of the 
 distaif was then inserted into this mass of flax or 
 wool {colus comta, Plin. H. N. viii. 74), and the 
 lower part was held under the left arm in such a 
 position as was most convenient for conducting the 
 operation. The fibres were drawn out, and at the 
 same time spirally twisted, chiefly by the use of 
 the fore-finger and thumb of the right hand (Sa/cru- 
 Aois eAitro-e, Eurip. Orcsi. 1414; pullice docto, 
 Claud. De Prob. Cons. 177) ; and the thread 
 { Jilum, stamen, vrifia) so produced was wound upon 
 the spindle until the quantity was as great as it 
 would carry. 
 
 The spindle was a stick, 10 or 12 inches long, 
 having at the top a slit or catch (de7ts, dyKidTpov) 
 in which the thread was fixed, so that the weight 
 of the spindle might continually carry down the 
 thread as it was formed. Its lower extremity was 
 inserted into a small wheel, called the whorl {vor- 
 ticelluia), made of wood, stone, or metal (see wood- 
 cut), the use of which was to keep the spindle 
 more steady and to promote its rotation : for the 
 spinner, who was commonly a female, every now 
 and then twirled round the spindle with her right 
 hand (Herod, v. 12 ; Ovid, Afet. vi. 22), so as to 
 twist the thread still more completely ; and when- 
 ever, by its continual prolongation, it let down the 
 spindle to the ground, she took it out of the slit, 
 wound it upon the spindle, and, having replaced it 
 in the slit, drew out and twisted another length. 
 All these circumstances are mentioned in detail by 
 Catullus (Ixiv. 305 — 319). The accompanying 
 woodcut is taken from a series of bas-reliefs repre- 
 senting the arts of Minerva upon a frieze of the 
 I'orum Palladium at Rome. It shows the opera- 
 tion of spinning, at the moment when the woman 
 has drawn out a sufficient length of yam to twist 
 it by whirling the spindle with her right thumb and 
 fore-finger, and previously to the act of taking it 
 out of the slit to wind it upon the bobbin {nTjviov) 
 already formed. 
 
 The distatt' was about three times the length of 
 the spindle, strong and thick in proportion, com- 
 monly either a stick or a reed, with an expansion 
 near the top for holding the ball. It was some- 
 times of richer materials and ornamented. The- 
 ocritus has left a poem (^Idi/ll. .xxviii.) written on 
 sending an ivory distaflf to the wife of a friend. 
 Golden spindles were sent as presents to ladies of 
 high rank (Homer, Od. iv. 131 ; Herod, iv. 162); 
 and a golden distaff' is attributed by Homer and 
 Pindar to goddesses, and other females of remarkable 
 dignity, who are called xpw'lAaicaToi. 
 
 It was usual to have a basket to hold the dis- 
 
446 GALEA. 
 
 taff and spindle, with the balls of wool prepared 
 for spinning, and the bobbins already spun.(Brunck, 
 Ami. ii. 1-2 ; Ovid, Met. iv. 10.) ['C.\lathus.] 
 
 In the rural districts of Italy women were for- 
 bidden to spin when they were travellinn; on foot, 
 the act being considered of evil omen. (Plin. H.N. 
 xxviii. 5.) The distaff and spindle, with the wool 
 and thread upon them, were carried in bridal pro- 
 cessions ; and, without the wool and thread, they 
 were often suspended by females as offerings of re- 
 ligious gratitude, especially in old age, or on relin- 
 quishing the constant use of them. (Plin.//. A'', viii. 
 74.) [DoNARiA, p. 35().] They were most fre- 
 quently dedicated to Pallas, the patroness of spin- 
 ning, and of the arts connected with it. This god- 
 dess was herself rudely sculptured with a distaif 
 and spindle in the Trojan Palladium. (Apollod. 
 iii. 12. 3.) They were also exhibited in the re- 
 presentations of the three Fates, who were con- 
 ceived, by their spinning, to determine the life of 
 every man ; and at the same time by singing, as 
 females usually did whilst they sat together at 
 their work, to predict his future lot. (Catull. I. c.) 
 
 [J. Y.] 
 
 G. 
 
 GABINUS CINCTUS. [Toga.] 
 
 GAESUM {■yamoi). a term probably of Celtic 
 origin, denoting a kind of javelin which was 
 used by the Gauls wherever their ramifications 
 extended. (Virg. Aeti. viii. 662; Caesar, B. G. iii. 
 4.) Hody, in order to prove the comparatively late 
 date of the Septuagint version of the book of 
 Joshua, in which this word occurs (ch. viii. v. 18), 
 has proved that it was not known to the Romans, 
 Greeks, or Egyptians, until some time after the 
 death of Ptolemaeus Lagi. {De Bill. Teat. ii. 8.) 
 It was a heavy weapon ( Festus, v. Gessum ), the 
 shaft being as thick as a man could grasp, and the 
 iron head barbed, and of an extraordinary length 
 compared with the shaft. (Polyb. vi. 21.) The 
 Romans adopted the use of the gaesum from the 
 Iberians. (Athen. vi. 106.) [J. Y.] 
 
 GAIUS. [Institutiones.] 
 
 G A'LEA (/cpavos, puet. Kopvs, Tn^Xn]^), a helmet ; 
 a casque. The helmet was originally made of skin 
 or leather, whence is supposed to have arisen its 
 Appellation, Kvuey], meaning properly a helmet of 
 dog-skin, but applied to caps or helmets made of, 
 
 GALEA. j 
 
 the hide of other animals (raupei'i?, /criSe'r;, Hoil 
 11. X. 258. 335 ; atyeiT], Od. xxiv. 230 ; Hero 
 vii. 77 ; compare Kp6.vrt aKVTiva, Xen. Amib. v. 
 § 13 ; galea hipina. Prop. iv. 11. 19), and even 
 those which were entirely of bronze or iron [ira 
 X^Akoj, Od- xviii. 377). The leathern basis 
 the helmet was also very commonly strengthen! 
 and adorned by the addition of either bronze i 
 gold, which is expressed hy such epithets as x»' 
 /ftjfjr;?, evxa^Kos, xp^Cf''!- Helmets which had 
 metallic basis {Kpdvri x«^fd, Xen. Anab. i. 2. 
 16) were in Latin properly called cassides (Isii 
 Orii;. xviii. 14 ; Tacit. Germ. 6 ; Caesar, B. G. ii 
 45), although the terms galea and caasis are ofte 
 confounded. A casque {cassis) found at Ponipei 
 is preserved in the collection at Goodrich Cour 
 Herefordshire. (Skelton, i'w^rarcrf lllust. i.pl. 44 
 The perforations for the lining and exterior bord( 
 are visible along its edge. A side and a iroi 
 view of it are presented in the annexed woodcu 
 
 Two casques very like this were fished up from th 
 bed of the Alpheus, near Olympia, and are in th 
 possession of Mr. Hamilton. (DodweU, Toiir, ii. ] 
 330.) Among the materials used for the linin 
 of helmets were felt (iriAos, Hom. II. x. 265) an 
 sponge. (Aristot. //. A. v. 16.) 
 
 The helmet, especially that of skin or leathei 
 was sometimes a mere cap conformed to the shap 
 of the head, without either crest or any other ornF 
 ment {d'paK6v re Koi a.Ko<pov, II. k. 258). In thi 
 state it was probably used in hunting {galea rent 
 toria, C. Nep. Dat. iii. 2), and was called (cara 
 Tu| (Hom. //. /. c), in Latin CuDo. The preced 
 ing woodcut shows an example of it as worn b; 
 Diomede in a small Greek bronze, which is also i' 
 the collection at Goodrich Court. (Skelton, I. c. 
 The additions by which the external appearance o 
 the helmet was varied, and which served both fo 
 ornament and protection, were the following: — 
 
 1. Bosses or plates, proceeding either from th 
 top {(paAos, Hom. //. iii. 362) or the sides, am 
 varying in number from one to four {d!x(j)i(pa\os 
 Sicpd\os, Horn. //. V. 743 ; xi. 41 ; Eustath. ad lot: 
 TfTpd<pa\os, II. xii. 384). The (pdKos was oftei 
 an emblematical figure, referring to the character o 
 the wearer. Thus in the colossal statue of Minerv: 
 in the Parthenon at Athens, she bore a sphinx oi 
 the top of her helmet, and a griffin on each side 
 (Pans. i. 24. 5.) 
 
 2. The helmet thus adorned was very commonl; 
 surmounted by the crest {crista, k6(j>os, Hom. // 
 xxii. 316), which was often of horse-hair {'Iwwovpis 
 'nTTToSdaeia, Hom. II. cc; X6(paiv ^6eipai, Theoci 
 xxii. 186; hirsuta juha, Propert. iv. 11. 19), am 
 made so as to look imposing and terrible (Horn./' 
 iii. 337 ; Virg. Aen. viii. 620), as well as hand 
 some. {Ih. ix. 365 ; ev\o(pos, Heliod. Aeili. vii. 
 In the Roman army the crest served not only fo 
 ornament, but also to distinguish the diiferent cen 
 turions, each of whom wore a casque of a peculia 
 form and appearance. (Veget. ii. 13.) 
 
 3. The two cheek-pieces {l/ncculae, Juv. x. 1 34 
 TrapayvadlSes, Eustath. in II. v. 743), which weri 
 attached to the helmet by hinges, so as to be liftei 
 
GALLI. 
 
 GENS. 
 
 447 
 
 \ and down They had buttons or ties at their 
 i; remities for fastening the lielmet on the head. 
 I il. Place, vi. 620.) 
 i. The beaver, or visor, a peculiar form of which 
 iil)|)0sed to have been the auAwTris TpucfaAeia, 
 . tile perforated beaver. (Horn. II. .xi. 3.53 ; 
 M', Life of Anc. Greeks, c}\. \,) The gladiators 
 re helmets of this kind (Juv. viii. "203), and 
 licimens of them, not unlike those worn in the 
 ' Idle ages, have been found at Pompeii. 
 
 Woodcuts, illustrative of these four classes of 
 i litions to the simple cap or morion occur at p. 
 111. 84, 85. 123. 24,5. 308. 3G0. 407. The 
 • following helmets, more highly ornamented, 
 : selected from antique gems, and are engraved 
 I ihe size of the originals. [J. Y.] 
 
 GALERUS. [Coma, p. 270.] 
 GALLI was the name of the priests of Cybele, 
 use worship was introduced at Rome from Phry- 
 . (b. c. 204 ; Liv. xxix. 10. 14, xxxvi. 3G.) The 
 Hi were, according to an ancient custom, always 
 trated {spadones, semintares, semiviri, nee viri 
 ■ fneminae ), and it would seem that impelled by 
 igious fanaticism they performed this operation 
 themselves. (Juv. vi. 512, &c. ; Ovid, Fast. iv. 
 7 ; Martial, iii. 81, xi. 74 ; Plin. H. N. xi. 4.9.) 
 their wild, enthusiastic, and boisterous rites, they 
 embled the Corybantes (Lucan. i. 565, &c. ; com- ^ 
 ••e Hilaria), and even went further, in as much, 
 in their fury, they mutilated their own bodies, 
 ropert. ii. 18. 15.) They seem to have been 
 vays chosen from a poor and despised class of 
 >ple, for while no other priests were allowed to 
 
 the Galli (farnu/ildaeae matris) were allowed 
 lo so on certain days. (Cic. De Le(\. ii. 9 and 1(5.) 
 e chief priest among them was called archigallus. 
 ;rvius, ad Aen. ix. 116.) The origin of the 
 me of Galli is uncertain : according to Festus 
 »'.), Ovid {Fast. iv. 363), and others, it was de- 
 ed from the river Gallus in Phrygia, which 
 wed near the temple of Cybele, and the water of 
 lich was fabled to put those persons who drank 
 it into such a state of madness, that they cas- 
 ted themselves. (Compare Plin. H. iV. v. 32, 
 40, xxxi. 2 ; Herodian. 1. 11.) The supposi- 
 n of HieronjTBUs {Cap. Oseae, 4) that Galli was 
 
 name of the Gauls, which had been given to 
 ^1- priests bj' the Romans in order to show their 
 iterapt of that nation, is unfounded, asthe Romans 
 1st have received the name from Asia, or from 
 ;■ Greeks, by whom, as Suidas (s. v.) informs us, 
 dlus was used as a common noun for eunxich. 
 lere exists a \(:v\s gallare, which signifies to rage 
 'fiinire, baecliari) and which occurs in one of the 
 -ments of Varro (p. 273. ed. Bip.) and in the 
 ■dliolog. Lat. torn. i. p. 34. ed. Bm'mann. [L. S.] 
 
 rAMHAI'A. The demes and phratries of Attica 
 possessed various means to prevent intruders from 
 assuming the rights of citizens. [AIA^H'<i>I2I2.] 
 Among other regidations it was ordained that 
 every bride, previous to her marriage, should be 
 introduced by her parents or guardians to the 
 phratria of her husband {ya)xi]\iav vnkp yvvaiKos 
 (ia-(p^pfLV, Isaeus, De Pi/rrh. Haercd. p. 62. 65, 
 &c. ; De Ciroii. Haered. p. 208 ; Demosth. c. 
 Euhul. p. 1312 and 1320.) This introduction of 
 the young women was accompanied by presents to 
 their new phratores, which were called yaixytKia. 
 (Suidas, s. V. ; Schol. ml Dem. c. Euhul. p. 1312.) 
 The women were enrolled in the lists of the 
 phratries, and this enrolment was also called 
 yafir]Xia. The presents seem to have consisted in 
 a feast given to the phratores, and the phratores 
 in return made some offerings to the gods on behalf 
 of the young bride. (Pollux, iii. 3 ; viii. 9. 28.) 
 The acceptance of the presents and the permission 
 to enroll the bride in the registers of the phratria, 
 was equivalent to a declaration that she was con- 
 sidered a true citizen, and that consequently her 
 children would have legitimate claims to all the 
 rights and privileges of citizens. (Herm. Polit. 
 Antiq. § 100. n. 1.) 
 
 Taixy]\ia was also the name of a sacrifice offered 
 to Athena on the day previous to the marriage of a 
 girl. She was taken bj' her parents to the temple 
 of the goddess in the Acropolis, where the offerings 
 were made on her behalf (Suidas, s. x\ TlpoTiKeta.) 
 
 The plural, ya/^rjK'iai, was used to express wed- 
 ding solemnities in general. (Lvcophron,a7J.£'/v?«. 
 M. s. r.) ■ [L. S.'] 
 
 TA'MOS. [Marriage (Greek).] 
 
 GAUSAPA, GAUSAPE, or GAUSAPUM, 
 a kind of thick cloth, which was on one side very 
 woolly, and was used to cover tables (Herat. Sat. 
 II. 11 ; Lucil. ap. Priscian- ix. 870); beds (Mart, 
 xiv. 147); and by persons to wrap themselves 
 up after taking a bath (Petron. 28), or in general 
 to protect themselves against rain and cold. 
 ( Seneca, /J/Jwi. 53. ) It was worn by men as well as 
 women, {0\-\A.,Ars Amat.ii.?,W. ) It came in use 
 among the Romans about the time of Augustus 
 (Plin. H- N. viii. 48), and the wealthier Romans 
 had it made of the finest wool, and mostly of a 
 purple colour. The gausapum seems, however, 
 sometimes to have been made of linen, but its pe- 
 culiarity of having one side more woolly than the 
 other always remained the same. (Mart. xiv. 138.) 
 As Martial (xiv. 152) calls it yausapa quiidrata, 
 we have reason to suppose that, like the Scotch 
 plaid, it was always, for whatever purpose it might 
 be used, a square or oblong piece of cloth. (See 
 Bdttiger, Suhina, ii. p. 102.) 
 
 The word gausapa is also sometimes used to de- 
 signate a thick wig, such as was made of the hair 
 of Gemians, and worn by the fashionable people 
 at Rome at the time of the emperors. (Pers. Sat. 
 vi. 46.) Persius (5a^.iv.38) also applies the word 
 in a figurative sense to a thick and full beard. 
 
 [L. S.] 
 
 TENE'SIA. [FuNUS, p. 438.] 
 
 GENS. This word contains the same element 
 as the Latin </ck,us, and gi,,f7«,o, and as the Greek 
 ykvps, yi-yv-ojxai, &c., and it primarily signifies 
 kin. But the word lias numerous significations, 
 which have cither a very remote connection with 
 this its primary notion, or perhaps none at all. 
 
 Gens sometimes signifies a whole political com- 
 
448 
 
 GENS. 
 
 GENS. 
 
 niuiiity, as Gens Latinonim, Gens Campanonim, 
 &c. ; though it is probable that in this application 
 of the temi, the notion of a distinction of race or 
 stock is implied, or at least the notion of a totality 
 of persons distinguished from other totalities by 
 intermarriage and increase of their numbers among 
 themselves only. Cicero {Pro Balho. c. 1 3) speaks 
 of " Gentes univcrsae in civitateni receptae, ut 
 Sabinorum, Volscorum, Herniconun." It is a con- 
 sequence of such meaning of Gens, rather than an 
 independent meaning, that the word is sometimes 
 used to express a people with reference to their 
 territorial limits. 
 
 The meaning of the word in the expression Jus 
 Gentium is explained under Jus. 
 
 The words Gens and Gentiles have a special 
 meaning in the S3'stem of the Roman law and in 
 the Roman constitution. Cicero (Top. G) has pre- 
 served a definition of Gentiles which was given by 
 Scaevola, the pontifex, and wliich, with reference 
 to the time, must be considered complete. Those 
 were Gentiles, according to Scaevola, (1) who bore 
 the same name, ("2) who were bom of freemen 
 {im/enui), (3) none of whose ancestors had been a 
 slave, and (4) who had suffered no capitis diminu- 
 tio. This definition contains nothing which shows 
 a common bond of union among gentiles, except 
 the possession of a common name ; but those who 
 had a common name were not gentiles, if the three 
 other conditions, contained in this definition, were 
 not applicable to them. There is also a definition 
 of gentilis by Festus : — " That is called Gens 
 Aelia which is composed (conficifur) of many 
 familiae. Gentilis is both one who is of the same 
 stock (pemis), and one who is called by the same 
 name (simili nomine)* as Cincius says, those are 
 my gentiles who are called by my name." 
 
 We cannot conclude any thing more from the 
 con_/?«tor of Festus than that a Gens contained seve- 
 ral familiae, or that several familiae were compre- 
 hended under one Gens. According to the defini- 
 tion, persons of the same (lenus (kin) were gentiles, 
 and also persons of the same name were gentiles. If 
 Festus meant to say that all persons of the same 
 genus and all persons of the same name were gen- 
 tiles, his statement is inconsistent with the defini- 
 tion of the Pontifex ; for persons might be of the 
 same genus, and might have sustained a capitis 
 diminutio either by adoption or adrogation, or by 
 emancipation : in all these cases the genus would 
 remain, for the natural relationship was not aifect- 
 ed by any change in the juristical status of a per- 
 son ; in the cases of adoption and adrogation the 
 name would be lost ; in the case of emancipation 
 it would be retained. If the definition of Festus 
 
 * " Gentilis dicitur et ex eodera genere ortus, ct 
 is qui simili nomine appellatur." The second et is 
 sometimes read ut, which is manifestly not the right 
 reading, as the context shows. Besides, if the 
 words " is qui simili nomine appellatur," are to 
 be taken as an illustration of " ex eodem genere 
 ortus," as they must be if id is the true reading, 
 then the notion of a eommon name is viewed as of 
 necessity being contained in the notion of common 
 kin, whereas there may be common kin without 
 common name, and common name without common 
 kin. Thus neither does common name include all 
 common kin, nor does common kin include all com- 
 mon name ; yet each includes something that the 
 otlu-r includes. 
 
 means that among those of the same genus ther 
 may be gentiles ; and among those of the sanii 
 name, gentiles may also be included, his definitioi 
 is true ; but neither part of the definition is ahso 
 lutely true, nor, if both parts are taken together, i 
 the whole definition absolutely true. It seems ai 
 if the definition of gentiles was a matter of somi 
 difficulty ; for while the possession of a commoi 
 name was the simplest general characteristic o 
 gentilitas, there were other conditions which wen 
 equally essential. 
 
 The name of the Gens was always characterisec 
 by the termination ia, as Julia, Cornelia, Valeria 
 
 When a man died intestate and without agnati 
 his familia [Familia] by the hiw of the Twelvi 
 Tables came to the gentiles ; and in the case of ; 
 lunatic (fiiriosus) who had no guardians, the guar- 
 dianship of the lunatic and his property belongcc 
 to the agnati and to the gentiles ; to the latter, wi 
 may presume, in case the former did not exist. 
 
 Accordingly, one part of the jus gentilitium oi 
 jus gentilitatis related to successions to the pro 
 perty of intestates, who had no agnati. A notabk 
 example of a dispute on this subject between th( 
 Claudii and Marcelli is mentioned in a difficul 
 passage of Cicero {De Orat. i. 39). The Marcell 
 claimed the inheritance of an intestate son of oni 
 of the liberti or freedmen of their familia {stirpe) 
 the Claudii claimed the same by the gentili 
 rights {(/ente.) The Marcelli were plebeians an( 
 belonged to the patrician Claudian gens. Niehuh 
 observes that this claim of the Claudii is incon 
 sistent with Cicero's definition, according to whicl 
 no descendant of a freedman could be a gentihs 
 and he concludes that Cicero (that is Scaevola 
 must have been mistaken in this part of his deli 
 nition. But it must be observed thougli thi 
 descendants of freedmen might have no claim a- 
 gentries, the members of a gens might as sue) 
 have claims against them ; and in this sense thi 
 descendants of freedmen might be gentiles. I 
 would seem as if the Marcelli united to dcfen( 
 their supposed patronal rights to the inheritanc 
 of the sons of freedmen against the claims of th 
 gens ; for the law of the Twelve Tables gave th 
 inheritance of a freedman onh', who died intestat 
 and without heirs, to his patron, and not the in 
 heritance of the son of a freedman. The questio: 
 might be this : whether the law, in the case suf 
 posed, gave the hereditas to the gens as having 
 right paramount to the patronal right. It may Ii 
 that the Marcelli, as being included in the Claudi 
 gens, were supposed to have merged their patron; 
 rights (if they really existed in the case in disputf 
 in those of the gens. Whether as members of th 
 gens, the plebeian Marcelli would take as gentih 
 what they lost as patroni, may be doubted. 
 
 It is generally said or supposed that the her' 
 ditas which came to a gens was divided among tl 
 gentiles, which must mean the heads of familia 
 This may be so ; at least we must conceive tb: 
 the hereditas, at one period at least, must have bee 
 a benefit to the members of the gens : Caesar 
 said (Sueton. Jul. 1 ) to have been deprived of h 
 gentilitiae hereditates. 
 
 In determining that the property of intestati 
 should ultimately belong to the gens, the law ■ 
 the Twelve Tables was only providing for a cas 
 which in every civilized countrj' is provided fort 
 positive law ; that is, the right to the property of 
 person who dies without having disposed of it i 
 
GENS. 
 
 GENS. 
 
 449 
 
 eaving those whom the law recognizes as entitled 
 ■to it. The gens had tlius a relation to the gentiles, 
 uimilar to that which subsists in modern states be- 
 Hcen the sovereign power and persona dying 
 iitcstate and without heirs or next of kin. The 
 node in which such a succession was applied by 
 ;lhe gens was probably not determined by law; and 
 'IS the gens was a kind of juristical person, analo- 
 );ous to the community of a civitas, it seems not 
 ■ uilikely that originally inheritances accrued to 
 he gens as suck, and were common property'. The 
 ens must have had some common property, such 
 sacella, &c. It would be no difficult transition 
 0 imagine, that what originally belonged to the 
 ; ens as such, was in the course of time distributed 
 • mong the members, which would easily take place 
 i.'hen the familiae included in a gens were reduced 
 J a small number. 
 
 There were certain sacred rites (sncra gentilitia) 
 .'hich belonged to a gens, to the observance of 
 l/hich all the members of a gens, as such, were 
 ■ound, whether they were members by birth, 
 idoption, or adrogation. A person was freed from 
 le observance of such sacra, and lost the privileges ' 
 muccted with his gentile rights, when he lost his 
 L'lis, that is, when he was adrogated, adopted, or 
 iren emancipated ; for adrogation, adoption, and 
 imancipation were accompanied by a diminutio 
 •ipitis. 
 
 When the adoption was from one familia into 
 nother of the same gens, the name of the gens was 
 >;ill retained ; and when a son was emancipated, 
 !ie name of the gens was still retained ; and yet 
 ii both these cases, if we adopt the definition of 
 'caevola, the adopted and emancipated persons lost 
 lie gentile rights, though they were also freed from 
 'le gentile burdens (sacra). In the case of adop- 
 on and adrogation, the adopted and adrogated 
 •rson who passed into a familia of another gens, 
 ust have passed into the gens of such familia, 
 id so must have acquired the rights of that gens, 
 luch a person had sustained a capitis diminutio, 
 nd its effect was to destroy his former gentile 
 Ights, together with the rights of agnation. The 
 ■ntile rights were in fact implied in the rights of 
 .nation, if the pater-familias had a gens. Conse- 
 lently he who obtained by adrogation or adoption 
 e rights of agnation, obtained also the gentile 
 i»hts of his adopted father. In the case of adro- 
 ition, the adrogated person renounced his gens at 
 e Comitia Curiata, which solemnity might also 
 ■ expressed by the term " sacra detestari," for 
 era and gens are often synonjTiious. Thus, in 
 ich case, adrogatio, on the part of the adoptive 
 ither, corresponded to detestatio sacrorum on the 
 iirt of the adrogated son. This detestatio sacro- 
 m is probably the same thing as the sacrorum 
 [ienatio mentioned by Cicero {Orator, c. 42). It 
 las the duty of the pontifices to look after the due 
 iservation of the gentile sacra, and to see that 
 ey were not lost. {Pro Domo, c. 13, &c.) Each 
 ns seems to have had its peculiar place {sacellum) 
 r the celebration of the sacra gentilitia, which 
 ere performed at stated times. The sacra genti- 
 ia, as already observed, were a burden on the 
 embers of a gens as such. The sacra private were 
 icharge on the property of an individual ; the two 
 ;.nds of sacra were thus quite distinct. 
 
 According to the traditional accounts of the old 
 [Oman constitution, the Gentes were subdivisions 
 
 the curiae, analogous to the curiae, which were 
 
 subdivisions of the tribes. There were ten in each 
 curia, and consequently one hundred gentes in 
 each tribe, and three hundred in the three tribes. 
 Now if there is any truth in the tradition of this 
 original distribution of the population into tribes, 
 curiae and gentes, it follows that there was no ne- 
 cessary kinship among those families which belong- 
 ed to a gens, any more than among those families 
 whicli belonged to one curia. 
 
 We know nothing historically of the organiza- 
 tion of civil society, but we know that many new 
 political bodies have been organized out of the 
 materials of existing political bodies. It is useless 
 to conjecture what was the original organization of 
 the Roman state. We must take the tradition as 
 it has come down to us. The tradition is not, that 
 femiliae related by blood were formed into gentes, 
 that these gentes were formed into curiae, that these 
 curiae were fonued into tribes. Such a tradition 
 would contain its own refutation, for it involves 
 the notion of the construction of a body politic 
 by the aggregation of families into unities, and by 
 further combinations of these new unities. The tra- 
 dition is of three fundamental parts (in whatever 
 manner formed), and of the divisions of them into 
 smaller parts. The smallest political division is gens. 
 No furtlier division is made, and thus of necessity, 
 when we come to consider the component parts of 
 gens, we come to consider the individuals com- 
 prised in it. According to the fundamental prin- 
 ciples of Roman law, the individuals arrange them- 
 selves into familiae under their respective patres- 
 familiae. It follows, that if the distribution of the 
 people was effected by a division of the larger into 
 smaller parts, there could be no necessary kin 
 among the familiae of a gens; for kinship among all 
 the members of a gens could only be effected by 
 selecting kindred familiae, and forming them into 
 a gens. If the gens was the result of subdivision, 
 the kinship of the original members of such gens, 
 whenever it existed, must have been accidental. 
 
 There is no proof that the Romans considered 
 that there was kinship among the famiUae origin- 
 ally included in a gens. Yet as kinship was 
 evidence of the rights of agnatio, and consequently 
 of gentile rights, when there had been no capitis 
 diminutio, it is easy to see how that which was 
 evidence of the rights of agnatio, and conse- 
 quently of gentile rights, might be viewed as 
 part of the definition of gen tills, and be so extend- 
 ed as to comprehend a supposed kinship among 
 the original members of the gens. The word </etis 
 itself would also favour such a supposition, espe- 
 cially as the word genus seems to be often used in 
 the same sense. (Cic. Pro Ilnlbo, c. 14.) This 
 notion of kinship appears also to be confirmed by 
 the fact of the members of the gens being distin- 
 guished by a common name, as Cornelia, Julia, &c. 
 But many circumstances, besides that of a common 
 origin, may have given a common name to the 
 gentiles ; and indeed there seems nothing more 
 strange in all the gentiles having a common name, 
 than there being a common name for all the mem- 
 bers of a curia and a tribe. 
 
 As the gentes were subdivisions of the three 
 ancient tribes, the populus (in the ancient sense) 
 alone had gentes, so that to be a patrician and to 
 have a gens were synonymous ; and thus we find 
 the expressions gens and patricii constantly united. 
 Yet it appears, as in the case already cited, that 
 some gentes contained plebeian familiae, which it 
 
 ■2 G 
 
450 
 
 GENS. 
 
 GENS. 
 
 is conjectured had their origin in marriages be- I 
 tween patricians and plebeians before there was 
 connubiuni between them. When the lex was 
 carried which established connubium between the 
 plebs and the patres, it was alleged that this 
 measure would confound the gentile rights (jura 
 genlitmi, Liv. iv. 1). Before this connubium ex- 
 isted, if a gentilis married a woman not a 
 gentilis, it followed that the children could not 
 be gentiles ; yet they might retain the gentile 
 name, and thus, in a sense, the family might 
 be gentiles without the gentile privileges. Such 
 marriages would in effect introduce confusion ; 
 and it does not appear how this would be increased 
 by giving to a marriage between a gentile man, 
 and a woman not gentilis, the legal character of 
 connubium ; the effect of the legal change was to 
 give the children the gentilitas of their father. It 
 is sometimes said that the effect of this lex was to 
 give the gentile rights to the plebs, which is an 
 absurdity; for, according to the expression of Livy 
 (iv. 4), which is conformable to a strict principle of 
 Roman law, " patrem sequuntur liberi," and the 
 children of a plel)eian man could only l)e plebeian. 
 Before the passing of this lex, it may be inferred 
 that if a patrician woman married out of her gens 
 (e gente, e patribus euupsit) it was no marriage at 
 all, and that the children of such marriage were 
 not in the power of their father, and, it seems a 
 necessary consequence, not Roman citizens. The 
 effect would be the same, according to tlje strict 
 principles of Roman law, if a plebeian married a 
 patrician woman, before tliere was connubium be- 
 tween them ; for if there was no connubium, there 
 was no legal marriage, and the offspring were not 
 citizens, which is the thing complained of by 
 Canuleius. (Liv. iv. 4.) It does not appear then 
 how such marriages will account for plelx'ian fami- 
 liae being contained in patrician gentes, unless we 
 suppose that when the children of a gentile man 
 and a plebeian woman took the name of the father, 
 and followed the condition of the mother, they 
 were in some way or other, not easy to explain, 
 considered as citizens and plebeians. But if this 
 be so, what would be the status of the children of a 
 patrician woman by a plebeian man ? 
 
 Niebuhr assumes that the members of the gens 
 (gentiles) were bound to assist their indigent 
 fellows in bearing extraordinary burdens ; but this 
 assertion is founded on the interpretation given to 
 the words toi)s 76i'6i irpotr-/\KovTas of Dionysius 
 (ii. 10), which have a simpler and more obvious 
 meaning. Wliatever probability there may be in 
 the assumption of Niebuhr, as founded on the 
 passage above cited, and one or two other pas- 
 sages, it cannot be considered as a thing demon- 
 strated. 
 
 A hundred new members were added to the 
 senate by the first Tarquin. These were the re- 
 presentatives of the Luceres, the third and inferior 
 tribe ; which is indicated by the gentes of this 
 tribe being called Minores by way of being dis- 
 tinguished from the older gentes, Majores, of the 
 Ramnes and Titles, a distinction which appears to 
 have been more than nominal. [Sbnatus.] Seethe 
 curious letter of Cicero to Paetus {Ad Fam. ix. 21 ). 
 
 If the gentes were 'such subdivisions of a curia, 
 as already stated, it may be asked what is meant 
 by new gentes being introduced among the curiae? 
 for this undoubtedly took place. Tullus Hostilius 
 incorporated the Julii, Servilii, and others, among | 
 
 the Patricii, and consequently among the curiae 
 The Claudii were a Sabine gens, who, it was said 
 (Liv. iv. 3), were received among the patricii aftei 
 the banishment of the kings. A recent writei 
 (Goettling) attempts to remove this difliculty b} 
 assuming, according to his interpretation of Diony 
 sius (ii. 7 ), a division of the curiae into ten decuriae 
 and by the further assumption of an indeflniti 
 number of gentes in each decuria. Consistentlj 
 with this, he assumes a kinship among the mem 
 bers of the same gens, according to whicli hypo 
 thesis the several patres-familiae of such gens mus 
 have descended, or claimed descent, from a commoi 
 ancestor. Thus the gentes would be nothing men 
 than aggregates of kindred families, and it mus 
 have been contrived in making the division inti 
 decuriae, that all the members of a gens (thu; 
 understood) must have been included in the sam( 
 decuria. But to assume this, is nothing more thai 
 to say that the political system was formed by be 
 ginning with aggregations of families ; for if thi 
 ultimate political division, the decuriae, was t 
 consist of aggregates of gentes (thus understood) 
 such arrangement could only be effected liy niakiii; 
 aggregation of families the basis of the politica 
 system, and then ascending from them to dccuriat 
 from decuriae to curiae, and from curiae to tribes 
 a proceeding which is inconsistent with saying tha 
 the curiae were subdivided into decuriae, for thi 
 mode of expression implies that the curiae wer 
 formed before the decuriae. But the introductio 
 of new gentes is conceivable even on the hypo 
 thesis of the gens being a mere political divisioi 
 If the number was originally limited, it is perfectly 
 consistent with what we know of the Roman con 
 stitution, which was always in a state of progres 
 sive change, to suppose that the strict rule of limi 
 tation was soon neglected. Now if a new gen 
 was introduced, it must have been assimilated to th 
 old gentes by having a distinctive name ; and if 
 number of foreigners were admitted as a gens, it i 
 conceivable that they would take the name of som 
 distinguished person among them, who might b 
 the head of a family consisting of many branche: 
 each with a numerous body of retainers. And thi 
 is the better tradition as to the patrician Claudi 
 who came to Rome with Atta Claudius, tlieir hea 
 {gcntis jirinceps), after the expulsion of the kingt 
 and were co-optated {cncrptati) by the patres amon 
 the patricii ; which is the same thing as saying tha 
 this immigrating body was recognised as a Roma 
 gens. (Sueton. Tih. 1.) According to the traditioi 
 Atta Claudius received a tract of land for his client 
 on the Anio, and a piece of burying-ground, undc 
 the Capitol, was given to him by the state (puUice 
 According to the original constitution of a gen 
 the possession of a common buryiug-place, and tL 
 gentile right to intennent therein, were a part ( 
 the gentile sacra. (Cic. Leg. ii. •22; Jctf. ii. 119 
 Festus, s. r. Cincia ; Liv. iv. 3 ; vi. 40 ; Virgi 
 Aen. vii. 706.) 
 
 It is probable that even in the time of Cicer 
 the proper notion of a gens and its rights were i 
 understood ; and still later, owing to the gre; 
 changes in the constitution, and the extinction i 
 so many ancient gentes, the traces of the jus gei 
 tilitium were nearly effaced. Thus we hud tli: 
 the words gens and faniilia are used indi 
 fcreiitly by later writers, though Livy careful! 
 distinguishes them. The " elder Pliny speak 
 of the sacra Serviliae famibae ; Macrobius of th 
 
I FEnMO'POI. 
 
 *acra familiae Claudiae, Aemiliae, Jiiliae, Corne- 
 iae ; and an ancient inscription mentions an 
 Aedituus and a Saccrdos Sergiae familiae, thouirh 
 hose were all well-known ancient gentes, and 
 hese sacra, in the more correct langnage of the 
 ilder writers would certainly have been called 
 ■acra gentilitia." (Savign)', Zeitschrift, ii. 385.) 
 
 In the time of Gains (the age of the Antonines), 
 'he jus gentilitium had entirely fallen into disuse. 
 'Gaius, iii. 17.) Thus an ancient institution, 
 ' vhich fonned an integral part of the old constitu- 
 ■ion, and was long held together by the con- 
 ' ervative power of religious rites, gradually lost its 
 '.irimitive character in the changes which circum- 
 \ tances impressed on the form of the Roman state, 
 I nd was finally extinguished, 
 i The word Gens has recentl)' been rendered in 
 !5nglish by the word House, a term which has here 
 leen purposely neglected, as it is not necessary, 
 ,|jjd can only lead to misconception. 
 \ The subject of the gens is discussed with great 
 Icuteness both by Niebuhr {Rom. Hist. vol. i.) and 
 \r Maiden {Hist, of Rome, published hy the So- 
 .iety for the Diffusion of Useful Knowledge). 
 \ The views of Goettling are contained in his 
 '^lleschicJiie dcr R'6m. Staatstvr/assu/iff, Halle, 1840. 
 liee also Savigny, Zcitschrifi, ii. p. 380, &c., and 
 JJnterholzner, Zcitsrhrifi, v. p. 119. [G. L.] 
 
 GENTILES. [Gens.] 
 { GENTILI'TAS. [Gkns.] 
 I ranMO'POI (Doric, yafiopoi) is the name of 
 'jhe second of the three classes into which Theseus 
 fs said to have divided the inhabitants of Attica. 
 'Plut. TIks. 25; Pollux, viii. 111.) This class 
 Vas, together Tvith the third, the Srifiiovpyo'i, ex- 
 luded from the great civil and priestly offices 
 vhich belonged exclusively to the eupatrids, so 
 hat there was a great distinction between the first 
 jJid the two inferior classes. We possess, how- 
 'ver, no means to ascertain any particulars respect- 
 ing the relation in which the yeco/wpoi stood to the 
 Iwo other classes. The name may either signify 
 independent land-owners, or peasants who culti- 
 ated the lands of others as tenants. The yew/xopot 
 ave, accordingly, by some writers been thought to 
 '« free land-owners, while others have conceived 
 ■hem to have been a class of tenants. It seems, 
 owever, inconsistent with the state of aifairs in 
 \ttica, as well as with the manner in which the 
 ame yfwix6poi was used in other Greek states, to 
 appose that the whole class consisted of the latter 
 ^ nly ; there were midoubtedly among them a con- 
 iderable number of freemen who cultivated their 
 wn lands (Timaeus, Glossar. s. v. TeoopJipoi ; Val- 
 itenaer ad Herod, v. 77), but had by their birth no 
 aims to the rights and privileges of the nobles. 
 Ve do not hear of any political distinctions be- 
 veen the y^ufiopoi and the hyijjLioupyoO. and it may 
 ither be that there existed none at all, or if there 
 [■ere any originally, that they gradually vanished. 
 This would account for the fact that Dionysius (ii. 
 ) only mentions two classes of Atticans ; one cor- 
 ^sponding to the Roman patricians, the other to 
 le plebeians. (Thirl wall. History of Greece, ii.p.l4; 
 l^achsmuth, Hellenischc Alterihumskunde, i. 1. p. 
 3 1, &c. ; Plainer, iy< i7m(/e,&c., p. 19 ; Tittmann, 
 '•'< (•/(. Staatsverfassmiijen, p. 575, &c.) 
 In Samos the name ympApoi was applied to the 
 igarchical party, consisting of the wealthy and 
 iwerful. (Thucyd. viii. 21 ; Plut. Quaest.' Rom. 
 303; MuUer, Dor. iii. 1. 4.) In Syracuse the 
 
 rEPOTSI'A. 451 
 
 iaristocratical party was likewise called yfujxSpoi or 
 yapApoi, in opposition to the Stjmos. (Herod, vii. 
 155; llesycli. s. r. rd/j.opoi; MiiUer, Dir. in. 4. 
 4 ; G oiler, DeSitu ct Oriq. Si/rac. p. 9, &c.) [L.S.] 
 rE'*TPA. [BiuDCE.] 
 TE'PANOS. ['rnO'PXHMA.] 
 GERMA'NI. [CoG.VATi.] 
 FEPOTSI'A. In connection with tliis subject 
 it is proposed to give a general view of the Sp;u'taii 
 constitution, and to explain the functions of its 
 legislative and administrative elements. In the 
 later ages of Spartan history one of the most 
 prominent of these was the college of the five 
 ephors ; but as an account of the Ephoralty is 
 given in a separate article [Ephori], we shall 
 confine our inquiries to the kings, the yepovTfs or 
 councillors, and the eKKKrjcria or assembly of Spar- 
 tan freemen. 
 
 I. T/u; Kintis. The kingly authority at Sparta 
 was, as it is well known, coeval with the settle- 
 ment of the Dorians in the Peloponnesus, and 
 confined to the descendants of Aristodemus, one 
 of the Heracleid leaders, under whom, according 
 to the Spartan legend, the conquest of L-iconia 
 was achieved. To him were born twin sons, 
 Eurysthenes and Procles ; and from this cause 
 arose the diarchy, or divided royalty, the so- 
 vereignty being always shared by the repre- 
 sentatives of the two families which claimed 
 descent from them (Herod, vi. 52): the precedence 
 in point of honour was, however, granted to tlie 
 older branch, who were called Agiads, as the 
 younger house was styled Eurypontides from cer- 
 tain alleged descendants of the twin brothers. 
 (Niebuhr, Hist, of Rum. i. p. 35().) Such was the 
 national legend ; but as we read that the sanction 
 of the Pythian oracle was procured for the arrange- 
 ment of the diarcliy (Herod, t. c), we may con- 
 clude that it was not altogether fortuitous, but 
 rather the work of policy and design ; nor indeed 
 is it improbable that the nobles would gladly avail 
 themselves of an opportunity to weaken the royal 
 authority by dividing it. 
 
 The descent of the Spartan kings from the na- 
 tional lieroes and leaders contributed in no small 
 degree to support tlieir dignity and honour ; and it 
 is, perhaps, from this circumstance partly that they 
 were considered as heroes, and enjoyed a certain 
 religious respect. {Ti.en. De Rep. Lac. c. 15.) The 
 honours paid to them were, however, of a simple 
 and heroic character, such as a Spartan might give 
 without derogating from his own dignity, or for- 
 getting his self-respect. Thus, we are told that 
 the kings united the character of priest and king, 
 the priesthoods of Zeus Uranius (Herod. vi.5()) and 
 the Lacedaemonian Zeus being filled by them ; and 
 that, in their capacity of national high priests, they 
 officiated at all the public sacrifices offered on be- 
 half of the state. ( X en. De Rep. Lac. 15.) Moreover 
 they were amply provided \vith the means for ex- 
 ercising the heroic N-irtue of hospitality ; for this 
 purpose, public or domain lands were assigned to 
 them in the district of the perioeci, or provincial 
 subjects, and certain perquisites belonged to them 
 whenever any animal was slain in sacrifice. Be- 
 sides this, the kings were entitled to various pay- 
 ments in kind {-iraffHv twv avav airb tokov xo'po''), 
 that they might never be in want of victims to 
 sacrifice ; in addition to which they received, twice 
 a month from the state, an I'pjjioc reKetov, to be 
 offered as a sacrifice to Apollo, and then served up 
 
 2 u 2 
 
 I 
 
452 
 
 TEPOTSI'A. 
 
 TEPOTSl A. 
 
 at the royal table. Whenever also any of the 
 citizens made a public sacrifice to the gods, the 
 king's were invited to the feast, and honoured above 
 the other guests; a double portion of food was given 
 to them, and they commenced the libations to the 
 gods. (Herod, vi. 67.) All these distinctions are 
 of a simple and antiquated character, and, so far as 
 they go, prove that the Spartan sovereignty was a 
 continuation of the heroic or Homeric. The dis- 
 tinctions and privileges granted to the king as 
 commander of the forces in war, lead to the same 
 conclusion. These were greater than he enjoyed 
 at home. He was guarded by a body of 100 
 chosen men, and his table was maintained at the 
 public expense: he might sacrifice in his sacerdotal 
 capacity as many victims as he chose ; the skins 
 and backs of which were his perquisites, and he 
 was assisted by so many subordinate officers, that 
 he had nothing else to do, except to act as priest 
 and strategus. (Xen. De Rep. Lac. 14, 15 ; Herod, 
 vi. 55.) 
 
 The accession and demise of the Spartan kings 
 were marked by observances of an Oriental charac- 
 ter. (Herod, vi. 58.) The former event was sig- 
 nalized by a remission of all debts due from private 
 individuals to the state or the king; and on the 
 death of a king, the funeral solemnities were cele- 
 brated by the whole community. There was a 
 general mourning for ten days, during which all 
 public business was suspended : horsemen went 
 round the country to carry the tidings, and a fixed 
 number of the perioeci, or provincials, was obliged 
 to come from all parts of the country to the city, 
 where, with the Spartans and Helots, and their 
 wives, to the number of many thousands, they 
 made loud lamentations, and proclaimed the virtues 
 of the deceased king as superior to those of all his 
 predecessors. (Herod. /. c.) 
 
 In comparison with their dignity and honours, 
 the constitutional powers of the kings were very 
 limited. In fact they can scarcely be said to have 
 possessed any ; for though they presided over the 
 council of yipovTes as apxayerai, or primipes 
 senaim, and the king of the elder house pi-obably 
 had a casting vote,* still the voice of each counted 
 for no more than that of any other senator: when 
 absent, their place was supplied and their proxies 
 tendered by the councillors who were most nearly 
 related to them, and therefore of a Heracleid 
 family. Still the kings had some important prero- 
 gatives ; thus they had in connnon with other 
 magistrates the rit/J/i of addressing the public 
 assembly ; besides this, they sat in a separate court 
 of their own, where they gave judgment in all cases 
 of heiresses claimed by difierent parties : a function 
 formerly exercised by the kings at Athens, but 
 afterwards transferred to the Archon Eponynus. 
 (Herod, vi. 57.) They also appointed the four 
 " Pythians," whose duty it was to go as messen- 
 gers to consult the god at Delphi. Adoptions also 
 took place in their presence, and they held a court 
 in all cases connected with the maintenance of the 
 public roads ; probably in their capacity of generals, 
 and as superintendents of the intercourse with 
 foreign nations. (Miiller, Dor. iii. 6. § 7.) In 
 foreign aiiairs, indeed, their prerogatives were con- 
 siderable : thus they were the commanders of the 
 
 * Dr. Thirlwall observes that this supposition 
 may perhaps reconcile the difference between Herod. 
 vi. 57. and Thucyd. i. 20. 
 
 Spartan forces, and had the privilege of nominat 
 ing from amongst the citizens, persons to act a; 
 " proxeni " or protectors and entertainers of foreign 
 ers visiting Sparta. But their chief power was u 
 war ; for after they had once crossed the border: 
 of Laconia, in command of troops, their authoritj 
 became unlimited. They could send out and as 
 semble armies, dispatch ambassadors to coUcc 
 money, and refer those who applied to themselve 
 for justice to the proper officers appointed for tha 
 purpose. (Xen. De Rep. Luc. 13; Thuc. v. fiO 
 viii. 5.) Two cphors, indeed, accompanied thi 
 kings on their expeditions, but those magistrate 
 had no authority to interfere with the kings' opera 
 tions : they simply watched over the proceeding 
 of the army. (Xen. I. c) Moreover, there can b 
 no doubt that the kings were, on their return home 
 accountable for their conduct as generals (Thucy. i 
 ()3), and more especially after the increase of th 
 ephoral authority. Their military power also wa 
 not connected with any political functions, for tli 
 kings were not allowed to conclude treaties or t 
 decide the fate of cities, without communicatin 
 with the authorities at home. (Xen. Hell. ii. ■2.1'; 
 V. 3. 24.) In former times the two kings had 
 joint command ; tliis, however, led to inconvcn 
 ences, and a law was in consequence passed th; 
 for the future one only of the two kings shoul 
 have the command of the amy on foreign exped 
 tions. (Herod. 5. 57.) 
 
 II. Tlw yepovala, or assembly of elders. Th 
 body was the aristocratic element of the Sparta 
 [lolity, and not peculiar to Sparta onl}', but foun 
 in other Dorian states, just as a iSouAjf or deini 
 cratical council was an element of most Ionian coi 
 stitutions. 
 
 The yfpovata or yepavia at Sparta included tl 
 two kings, its presidents, and consisted of thirt 
 members: a number which seems connected wit 
 the divisions of tlu- Spartan people. Every Doria 
 state, in fact, was divided into three tribes : th 
 Hylleis, the DjTuanes, and the Pamphyli, whent 
 the Dorians are called rpixdiKes, or tlirice dividei 
 {Odys. xix. 174.) The tribes at Sparta were agai 
 subdivided into tiSa'i, also called (pparptai (Mulle 
 Dor. iii. 5. § 3), a word which signifies a union • 
 families, whether founded upon ties of relatiorshi 
 or fonned for political purposes, irrespective of an 
 such connection. The obae were like the yepofrt 
 thirty in number, so that each oba was represent! 
 by its councillor: an inference which leads 
 the conclusion that two obae at least, of the Hj 
 lean tribe, must have belonged to the royal hou 
 of the Heracleids. No one was eligible to tl 
 council till he was sixty years of age (Plut. Lycv 
 2(i), and the additional qualifications were strict 
 of an aristocratic nature. We are told, for i 
 stance, that the office of a councillor was the i 
 ward and prize of virtue (Aristot. Polii. ii. 6. 1. 
 Dem.ost. c. Lept. p. 48!)), and that it was confin 
 to men of distinguished character and stati' 
 (koAuI KayaQoi). 
 
 The election was determined by vote, and t 
 mode of conducting it was remarkable for its ol 
 fashioned simplicity. The competitors present 
 themselves one after another to the assembly 
 electors (Plut. Lycur. 26) ; the latter testified th' 
 esteem by acclamations, which varied in intensi 
 according to the popularity of the candidates I 
 whom they were given. I hese manifestations 
 esteem were noted by persons in an adjoini 
 
rEPOTSI'A. 
 
 FEPOTSI'A. 
 
 453 
 
 luilding, who could judge of the shouting, but 
 nuld not tell in whose favour it was given. The i 
 ici'son whom these judges thought to have been 
 ,nost applauded was declared the successful candi- 
 (iate. The ditferent competitors for a vacant place 
 j>ffered themselves upon their own judgment 
 Aristot. Polit. ii. 6. § 18), probabl}' always from 
 |,he tiSa, to which the councillor whose place was 
 i.'acant had belonged ; and as the office was for life, 
 iind therefore only one vacancy could (in ordinar3- 
 ■jases) happen at a time, the attention of the whole 
 iitate would be fixed on the choice of the electors. 
 The office of a councillor, however, was not only 
 or life, but also irresponsible (Aristot. Futit. ii. (J), 
 us if a previous reputation, and the near approach 
 )f death, were considered a sufficient guarantee for 
 i ntegrity and moderation. But the councillors did i 
 not always prove so, for Aristotle (/. c.) tells us ' 
 t;hat the members of the yegouiria received bribes, 
 and frequently showed partiality in their decisions. 
 ( The functions of the councillors were partly de- 
 liberative, partly judicial, and partly executive. In 
 i:he discharge of the first they prepared measures 
 ijnd passed preliminary decrees (Plut. Ayis, 11) 
 iwhich were to be laid before the popular assembly, 
 ;io that the importiint privilege of initiating all 
 .changes in the govcrinncnt or laws was vested in 
 them. As a criminal court they could punish with 
 death and civil degradation (ari/iia, Xen. De 
 Rep. Luc. 10. § 2; Arist. Polit. iii. 1), and that 
 'too, without being restrained by any code of writ- 
 iten laws (Aristot. Polit. ii. 6), for w'hich national 
 ^feeling and recognized usages would form a sutfi- 
 ■cient substitute. They also appear to have exer- 
 ^rised, like the Areiopagus at Athens, a general 
 superintendence and inspection over the lives and 
 ,manner3 of the citizens (itrbitri et mayistri discipli- 
 \nae puhlicae, Aul. GeU. xviii. 3), and probably were 
 fallowed " a kind of patriarchal authority to enforce 
 ithe observance of ancient usage and discipline." 
 (Thirlwall, Hint, of Greece, i. p. 318.) It is not, 
 however, easy to define with exactness the original 
 iextent of their functions ; especially as respects 
 (the last mentioned duty, since the ephors not only 
 iencroaehed upon the prerogatives of the king and 
 (Council, but also possessed, in very earlj' times, a 
 Icensorial power, and were not likely to permit any 
 idiminution of its extent. 
 
 i III. The eKK\T]ffia, or assembly of Spartan 
 ifreemen. This assembly possessed, in theory 
 jat least, the supreme authority in all matters 
 ■affecting the general interests of the state. Its 
 1 original position at Sparta is shortly explained hy 
 a rhetra or ordinance of Lj'curgus, which, in the 
 , form of an oracle, exhibits the principal features of 
 the Spartan polity: — "Build a temple," says the 
 Pythian god, "to Hellanian Zeus and Hollanian 
 . Athena ; divide the tribes, and institute thirty 
 obas ; appoint a council with its princes ; call an 
 1 assembly (oTreAAdfeii') between Babyca and Kna- 
 kion, then make a motion and depart ; and let 
 there be a right of decision and power to the peo- 
 ple" (SdijUj) Se Kvpidv ■^nef koI KpoTos, Plut. Lycur. 
 6 ; MuUer, Dor. iii. 5. § 8). 
 
 By this ordinance full power was given to the 
 people to adopt or reject whatever was proposed 
 I to them by the king and other magistrates. It 
 I was, however, found necessary- to define this power 
 more exactly, and the following clause, ascribed to 
 , the kings Theopompus and Polydorus, was added 
 I to the original rhetra, " but if the people should 
 
 follow a crooked opinion the elders and the princes 
 i shall withdraw " (tout TTfjiaSuyeveai Koi apx"- 
 76TOJ diruaTaTripas ^/J-fv). Plutarch (/. c.) in- 
 terprets these words to mean " That in ease the 
 people does not either reject or approve in toto a 
 measure proposed to them, the kings and comicil- 
 lors should dissolve the assenibl}', and declare the 
 proposed decree to be invalid." According to this 
 intei-pretation, which is confirmed by some verses 
 in the Eunomia of Tyrtaeus, the assembly was not 
 competent to originate any measures, but only to 
 pass or reject, without modification, the laws and 
 decrees proposed by the proper authorities: a limi- 
 tation of its power, which almost detennined the 
 character of the Spartan constitution, and justifies 
 the words of Demosthenes, who observed (e. Lep. 
 I p. 489. 20), that the ytpovjia at Sparta was in 
 ' many respects supreme — AeinroTTjs itrri tuv ttoA- 
 AcSf. AU citizens above the age of thirty, who 
 were not labouring under any loss of franchise, 
 were admissible to the general assembly or dveWa 
 (Plut. Li/cur. 25), as it w-as called in the old Spar- 
 tan dialect ; but no one except public magistrates, 
 and chiefly the ephors and kings, addressed the 
 people without being specially called upon. (Mul- 
 ler. Dor. iii. 4. 11.) The same public functionaries 
 also put the question to the vote. (Thuc.i. 80. 87.) 
 Hence, as the magistrates only (to teAtj or dpx"') 
 were the leaders and speakers of the assemblj-, de- 
 crees of the whole people are often spoken of as 
 the decision of the authorities only, especially in 
 matters relating to foreign afiairs. The intimate 
 connection of the ephors with the assembly is 
 shown by a phrase of verv' frequent occurrence in 
 decrees {eSo^e to?s itpopois /col rri (KKKTiaia), 
 The method of voting was by acclamation ; the 
 place of meeting between the brook Knakion and 
 the bridge Babyca, to the west of the city, and en- 
 closed. (Plut. Lycur. G.) The regular assemblies 
 were held every full moon ; and on occasions of 
 emergency extraordinary meetings were convened. 
 (Herod, vii. 134.) 
 
 The whole people alone could proclaim " a war, 
 conclude a peace, enter into an armistice for any 
 length of time; and all negotiations with foreign 
 states, though conducted by the kings and ephors, 
 could be ratified by the same authority" only." With 
 regard to domestic affairs, the highest offices, such 
 as magistracies and priesthoods, were filled " by 
 the votes of the people ; a disputed succession to 
 the throne was decided upon by them ; changes in 
 the constitution were proposed and explained, and 
 all new laws, after a previous decree in the senate, 
 were confirmed by them." (Muller, Dor. 4. § 9.) 
 It appears, therefore, to use the words of ^I'liller, 
 that the popular assembly really possessed the 
 supreme political and legislative authority at Sparta, 
 but it was so hampered and checked by the spirit, 
 of the constitution, that it could only exert its au- 
 thority within certain prescribed limits ; so that 
 the government of the state is often spoken of as 
 an aristocracy. 
 
 Besides the eKK\riaia which we have just de- 
 scribed, we read in later times of another 
 called the small assembly (Xen. Hell. iii. 3. 18), 
 which appears to have be^m convened on occa- 
 sions of emergency, or which were not of sufficient 
 importance to require the decision of the entire 
 I bodj- of citizens. This more select assembly was 
 1 probably composed of the ofioioi, or superior citi- 
 1 zens, or of some class enjoying a similar prece- 
 
 II 
 
454 
 
 FEPOTSI'A. 
 
 GLADIATORES. 
 
 dence, together with some of the magistrates of the 
 state ['EKKAHTOl], and if, as appears to have 
 been the case, it was cdnvened more frequently 
 than the greater assembly, it is evident tliat an ad- 
 ditional restraint was thus laid upon the power of 
 the latter [Philol. Mimeam, ii. p. G5), the finictions 
 of which must have often been superseded by it. 
 (Wachs. Jlel. Alt. ii. i. p. 212.) 
 
 The preceding remarks will enable us to decide 
 a question which has been raised, what was the 
 real nature of the constitution of Sparta ? From 
 the expressions of Greek writers, every one would 
 at once answer that it was aristocratic ; but it has 
 been asserted that the aristocracy at Sparta was an 
 aristocracy of conquest, in which the conquering 
 people, or Dorians, stood, towards the conquered, 
 or Achaians, in tlie relation of nobles to commons, 
 and that it was principally in this sense that the 
 constitution of Sparta was so completely anti-popu- 
 lar or oligarchical. (Arnold, Thuc. Append, ii.) 
 Now this, indeed, is true ; but it seems no less true 
 that the Spartan government would have been 
 e(iually called an oligarchy or aristocracy even if 
 there had been no subject class at all, on account 
 of the disposition and administration of the sove- 
 reign power within the Spartan body alone. Tiie 
 fact is, that in theory at least, the Spartan constitu- 
 tion, as settled by Lycurgus, was a decided demo- 
 cracy, with two hereditary officers, the generals of 
 the commonwealth, at its head ; but in practice (at 
 least before the encroachments of the ephors) it 
 was a limited aristocracy ; that is, it worked as if 
 the supreme authority was settled in the hands of 
 a minority. The principal circumstances which 
 justify us in considering it as such, are briefly " the 
 restraints imposed upon the assembly, the exten- 
 sive powers of the councillors, their election for 
 life, their irresponsibility, the absence of written 
 laws, of paid offices, of offices detemined by lot," 
 and other things thought by the Greeks cluiracter- 
 istic of a democracy, independent (jf which we 
 must remember that Sparta was at the head of the 
 oligarchical interest in Greece, and always support- 
 ed, as at Corcyra and Argos, the oligarchical party, 
 in opposition to the democratic, which was aided by 
 Athens. In fact Dr. Arnold himself observes, that 
 even in the relations of the conquering people 
 among themselves the constitution was far less 
 popular than at Athens. We must, however, bear 
 in mind that the constitution, as settled by Lycur- 
 gus, was completely altered in character by the 
 usurpation of the ephors. To such an extent was 
 this the ease, that Plato {Le(j- iv. p. 713) doubted 
 whether the government at Sparta might not be 
 called a " tyranny," in consequence of the exten- 
 sive powers of the ephoralty, though it was as 
 much like a democracy as any form of government 
 could well be ; and yet, he adds, not to call it an 
 aristocracy (i. c. a government of the dpiaroi), is 
 quite absurd. Moreover, Aristotle (Pulit. iv. !i), 
 when he enumerates the reasons why the Spartim 
 government was called an oligarchy, makes no men- 
 tion of the relations between the Spartans and their 
 conquered subjects, but observes that it received this 
 name because it had many oligarchical institutions, 
 such as that none of the magistrates were chosen 
 by lot; that a few persons were competent to inflict 
 banishment and death. 
 
 Perhaps the shortest and most accurate descrip- 
 tion of the constitution of Sparta is contained in 
 the following observations of Aristotle {I'olit. ii. | 
 
 6): — Some affirm that the best form of government 
 is one mixed of all the fonns, wherefore they praise 
 the Spartan constitution: for some say that it is 
 composed of an oligarchy, and a monarchy, and a 
 democracy — -a monarchy on account of the kings, 
 an oligarchy on account of the councillors, and a 
 democracy on account of the ephors ; but others 
 say that the ephoralty is a " tyranny," whereas, on 
 the otlier hand, the public tables, and the regula- 
 tions of daily life, are of a democratic tendency. 
 
 R. W— N. 
 
 FE'PPA. ['EKKAHSI'A, p. 3G2.] 
 
 GLADIATO'RES {fiovofxaxoi) were men who 
 fought with swords in the amphitheatre and other 
 places for the amusement of the Roman people. 
 (^Gladiator est, qui in arena, populo sjiectante, puy- 
 navit. Quint. Dcelam. 302.) Thej' are said to 
 have been first exhibited by the Etrurians, and to 
 have had their origin from the custom of killing 
 slaves and captives at the funeral pyres of the de- 
 ceased. (TertuU. de Spectac. 12; Serv. orf Viry. 
 Aen. X. 519.) [Bu.stum ; FuNUS, p. 440.] A 
 show of gladiators was called munus, and the per- 
 son who exliibited (edebat) it, editor, munerator,OT 
 duminus, who was honoured during the day of ex- 
 hibition, if a private person, with the official signs 
 of a magistrate. (Capitol. M. Anton. Philos. 23; 
 Flor. iii. 20 ; Cic. ad Ait. ii. 19. § 3.) 
 
 Gladiators were first exhibited at Rome in B. c. 
 2G4, in the Forum Boarium, by Marcus and Deci- 
 mus Brutus, at the funeral of their father. ( Valer. 
 Max. ii. 4. § 7 ; Liv. Epit. Ki.) They were at 
 first confined to public funerals, but afterwards 
 fought at the funerals of most persons of conse- 
 quence, and even at those of women. (Suet. Jul. 
 26 ; Spartan. Hadr. 9.) Private persons some- 
 times left a sum of money in their will to pay the 
 expenses of such an exhibition at their funerals. 
 (Sen. de Brcv. Vit. 20.) Combats of gladiators 
 were also exhibited at entertainments (Athen. iv. 
 p. 153 ; Sil. Ital. xi. 51), and especially at pubhc 
 festivals by the aediles and other magistrates, who 
 sometimes exhibited immense numbers with the 
 view of pleasing the people. (Cic. pro Mttr. 18; 
 Da Off: ii. Ki.) [Aediles, p. IG.] Under the 
 empire the jtission of the Romans for this amuse- 
 ment rose to its greatest height, and the number 
 of gladiators who fought on some occasions appears 
 almost incredible. After Trajan's triumph over 
 the Dacians, there were more than 10,000 ex- 
 hibited. (Dion Cass. Iviii. 15.) 
 
 Gladiators consisted either of captives (Vopisc. 
 I'roh. 19), slaves (Suet. Vitell. 12), and condenni- 
 ed malefiictors, or of freeborn citizens who fought 
 voluntarily. Of those who were condemned, some 
 were said to be condemned ad (/ladiuin, in which 
 case they were obliged to be killed at least within 
 a year ; and others ad luditm, who might obtain 
 their discharge at the end of three years. (Ulpian, 
 CoUat. AIos. ct Rom. Ley. tit. ii. s. 7. § 4.) Free- 
 men, wiio became gladiators for hire, were called 
 auctorati (Quint. I. c. ; Hor. Sat. u. vii. 58), and 
 their hire auctoramentum or yladiutorium. (Suet. 
 Tib. 7; Liv. xliv. 31.) They also took an oath 
 on entering upon the service, which is preserved 
 by Petronius (117). — " In verba Eumolpi sacra- 
 nientum juravimus, uri, vinciri, verberari, ferroque 
 necari, et quicquid aliud Emnolpus jussisset, tam- 
 quam legitirai gladiatores domino corpora animas- 
 que religiosissime addicimus." (Compare Senec. 
 Epist. 7.) Even under the republic freo-bom 
 
GLADIATORES. 
 
 GLADIATORES. 
 
 455 
 
 tizens foiiglit as i^ladiators (Liv. xxviii. 21), but 
 icy appear to have belonged only to the lower 
 ■ilers. Under the empire, however, both knights 
 11(1 senators fought in the arena (Dion Cass. li. 22 ; 
 .i. •J.') ; Suet. M. 39; A«</. 43 ; Ncr. 12), and 
 veu women (Tac it. A /in. xv. 3"2 ; Suet. I)om. 4 ; 
 iiv. vi. 2.')0, iSic. ; Stat. Silv. i. vi. S3) ; which 
 racticc was at length forbidden in the time of 
 ^evenis. (Dion Cass. Ixxv. Iti.) 
 
 Gladiators were kept in schools (huli), where 
 hey were trained by persons called la/iistae. 
 (Suet. Jul. 26 ; Cic. jiro Rnfc. Amcr. 40 ; Juv. vi. 
 ' l6: xi. 8.) The whole body of gladiators under 
 nr lanista was frequently called familiu. (Suet. 
 Uiij. 42.) They sometimes were the property of 
 111/ lanistae, who let them out to persons wlio 
 . iNlied to exhibit a show of gladiators ; but at 
 ilicr times belonged to citizens, who ke])t them 
 ill' the purpose of exhibition, and engaged lanistae 
 1 instruct them. Thus we read of the ludus 
 \emilius at Rome (Hor. de Art. poet. 32), and of 
 iiesar's ludus at Capua. (Caos. Bell. Cir. i. 14.) 
 
 I he superintendence of the ludi, which belonged 
 
 II the emperors, was entrusted to a person of high 
 ank, called cm'ator or procurator. (Tacit, vfww.xi. 
 
 J5 ; xiii. 22 ; Suet. Cat. 27 ; Gruter, Inscr. p. 
 489.) The gladiators fought in these ludi with 
 
 ivooden swords, called rmlcs. (Suet. Cut. 32.54.) 
 
 Jreat attention was paid to their diet in order to 
 increase the strength of their bodies, whence Cicero 
 (Phil. ii. 25) speaks of " gladiatoria totius cor- 
 ooris firmitas." They were fed with nourishing 
 food, called r/ladiatoria samna. (Tacit. Hist. ii. }iii.) 
 ^A great number of gladiators were trained at 
 iRavenna on account of the salubrity of the place. 
 (Strabo, V. p. 213.) 
 
 \ Gladiators were sometimes exhibited at the 
 ^eral pyre, and sometimes in the foinim, but 
 taore frequently in the amphitheatre. [Amphi- 
 'THE.'iTRi'M.] The person who was to exhibit a 
 'show of gladiators, published some days before the 
 jexhibition bills (libclli), containing the number 
 land sometimes the names of those who were to 
 fight. (Cic. ad Fam. ii. 8; Suet. Cues. 26.) 
 When the day came, they were led along the 
 arena in procession, and matched by pairs (Hor. 
 Sat. I. vii. 20) ; and their swords were examined 
 by the editor to see if they were sufficiently sharp. 
 (Dion Cass. Ixviii. 3 ; Suet. Tit. 9 ; Lipsius, 
 Excurs. ad Tac. Ann. iii. 37.) At first there was 
 a kind of sham battle, called pnwhtsio, in which 
 they fought with wooden swords, or the like (Cic. 
 de Orut. ii. 78. 80 ; Ovid, Ars Amat. iii. 515 ; 
 Senec. Epist. 117), and afterwards at the sound of 
 the trmiipet the real battle began. When a gladi- 
 lator was wounded, the people called out Imljei or 
 'Iwc huhet ; and the one who was vanquished low- 
 'ered his arms in token of submission. His fate, 
 however, depended upon the people, who pressed 
 down their thumbs if they wished him to be 
 saved, but turned them up if they wished him to 
 ^be killed (Hor. Ep. i. xviii. fa'6 ; Juv. iii. 3G), and 
 'ordered him to receive the sword {firrum rcci- 
 ipere), which gladiators usually did with the 
 greatest firmness. (Cic. Tusc. ii. 17; pro Seat 
 37 ; pro Mil. 34.) If the life of a vanquished 
 gladiator was spared, he obtained his discharge for 
 that day, which was called missio (Mail. xii. xxix. 
 7) ; and hence in an exhibition of gladiators sine 
 missione (Liv. xli. 20), the lives of the conquered 
 were never spared. This kind of exhibition, 
 
 however, was forbidden by Augiistus. (Suet. Ana. 
 45.) 
 
 Palms were usually given tn the victorious 
 gladiators (Suet. Cat. 32) ; and hence, a gladiator, 
 who had frequently conquered, is called " pluri- 
 marum palmarum gladiator" (Cic. pro Rosc.Amer. 
 ()') ; money also was sometimes given. (Juv. vii. 
 243 ; Suet. Claud. 21.) Old gladiators, and some- 
 times those who had only fought for a short time, 
 were discharged from the service by the editor at 
 the re(iuest of the people, who presented each of 
 them with a radis or wooden sword ; whence 
 those who were discharged were called Rudiarii. 
 (Cic. I'Mlip. ii. 29 ; Hor. Ep. i. i. 2 ; Suet. Tib. 
 7 ; Quint. /. c) If a person was free before he 
 entered the ludus, he became on his discharge free 
 again ; and if he had been a slave, he returned to 
 the same condition again. A man, however, who 
 had been a gladiator was always considered to 
 have disgraced himself, and consequently it ap- 
 pears that he could not obtain the equestrian rank 
 if he afterwards acquired sufficient property to 
 entitle him to it (Quint. /. c.) ; and a slave who 
 had been sent into a ludus and there manumitted 
 either by his then owner or another owner, merely 
 ac(iuired the status of a peregrinus dediticius. 
 (Gaius, i. 13.) [Dediticii.] 
 
 Shows of gladiators were abolished by Constan- 
 tine (Cod. 11. tit. 43), but appear notwithstanding 
 to have been generally exhibited till the time of 
 Ilonorius, by whom they were finally suppressed. 
 (Theodoret. Hist. Eccles. v. 20.) 
 
 Gladiators were divided into different classes, 
 according to their arms and diiferent mode of 
 fighting, or other circumstances. The names of 
 the most important of these classes is given in 
 alphabetical order: — 
 
 Andabatae (Cic. ad Fam. vii. 10), wore helmets 
 without any aperture for the ej'es, so that they 
 were obliged to fight blindfold, and thus excited 
 the mirtli of the spectators. Some modem writers 
 say that they fought on horseback, but this is 
 denied by Orelli. {luscr. 2577.) 
 
 Catcrrarii was the name given to gladiators 
 when they did not fight in parrs, but when several 
 fouglit together. (Suet. Aug. 45 ; yreyatim dimi- 
 mutes, Cal. 30.) 
 
 Dimuclieri appear to have been so called, be- 
 cause they fought with two swords. (Artemiod. ii. 
 32; Orelli, Jnscr. 2584.) 
 
 Eijuites were those who fought on horseback. 
 (Orelli, 2577. 25()9.) 
 
 Esscdarii fought from chariots like the Gauls 
 and Britons. [Esseda.] They are frequently men- 
 tioned in inscriptions. (Orelli, 25G(). 2584, &c.) 
 
 Fiscalcs were those under the empire, who were 
 trained and supported from the hscus. (Capitol. 
 Cord. iii. 33.) 
 
 Hoplomachi appear to have been those who 
 fought in a complete suit of annour. (Suet. Cal. 
 35; Martial, viii. 74 ; Orelli, 2566.) Lipsius con- 
 siders them to have been the same with the Sam- 
 nites, and that this name was disused imder the 
 emperors, and hoplomachi substituted for it. 
 
 Latpceaiores were those who used a noose to 
 catch their adversaries. (Isiod. xviii. 56.) 
 
 Alcridiaiii were those who fought in the middle 
 of the day, after combats with wi!d beasts had 
 taken place in the moming. These gladiators were 
 very sbghtly armed. (Senec. Epist. 7 ; Suet. Claiul. 
 34; Orem,2587.) 
 
456 GLADIATORES. 
 
 GLADIATORES. 
 
 Mirmillones are said to have been so called from 
 their having the image of a fish {monm/r, fiop- 
 Hvpos) on their helmets. (Festus, s. v. lietiario.) 
 Their arms were like those of the Gauls, whence 
 we iind that they were also called Galli. They 
 were usually matched with the retiarii or Thra- 
 cians. (Cic. Phil. iii. 12, vii. 6 ; Juv. viii. 200 ; 
 Suet. Cal. .32; Orelli, 2566.2.580.) 
 
 Ordinarii was the name applied to all the regular 
 gladiators, who fought in pairs, in the ordinary 
 •way. (Senec. Epist. 7 ; Suet. Atig. 45 ; Cal. 26.) 
 
 Posfulaticii were such as were demanded by 
 the people from the editor, in addition to those who 
 were exhibited. (Senec. 1. c.) 
 
 Provocatorcs fought with the Saranites (Cic. joro 
 Sext. 64), but we do not know any thing respect- 
 ing them except their name. They are mentioned 
 in inscriptions. (Orelli, 2566.) The irpoSoKarap 
 mentioned by Artemiodorus (ii. 32) appears to be 
 the same as the provocator. 
 
 Retiarii carried only a three-pointed lance, called 
 tridens or /«««■«« [Fuscina], and a net (rcfe), which 
 they endeavoured to throw over their adversaries, 
 and then to attack them with the fuscina while they 
 were entangled. The retiarius was dressed in a short 
 tunic, and wore nothing on his head. If he missed 
 his aim in throwing the net, he betook himself to 
 flight, and endeavoured to prepare his net for a 
 second cast, while his adversary followed him round 
 the arena in order to kill him before he could make 
 a second attempt, ills adversary was usually a 
 secutor or a mirmiUo. (Juv. ii. 143, viii. 203 ; Suet. 
 Cal. 30 ; Claud. 34 ; Orelli, 2578.) In the follow- 
 ing woodcut, taken from Winckelmann (Alonum. 
 Ined. pi. 197), a combat is represented between a 
 retiarius and a mirmillo ; the former has thrown 
 his net over the head of the latter, and is proceed- 
 
 ing to attack him with the fuscina. The lanista 
 stands behind the retiarius. 
 
 Samnites were so called, because they were 
 anned in tlie same way as that people, and were 
 particularly distinguished by the oblong scutum. 
 (Liv. ix. 40 ; Cic. pro Scxt. 64.) 
 
 Secutores are supposed by some writers to be so 
 called because the secutor in his combat with the 
 retiarius pursued the latter when he failed in se- 
 curing him by his net. Other writers think that 
 they were the same as the supposititii, mentioned by 
 
 Martial (v. 24), who were gladiators substituted in I 
 the place of tliose who were wearied or were killed. 
 (Suet. Cal. 30 ; .luv. viii. 210.) If the old reading 
 in a letter of Cicero's (ad Aft. vii. 14) is correct. 
 Julius Caesar had no less than 500 secutores in his 
 ludus at Capua ; but it appears probable that we 
 ought to read scutorum instead of secutorum. 
 
 SupposiiHii. See Secutores. 
 
 Thraves or Threces were armed like the Thra- 
 cians with a round shield or buckler (Festus, s. v. 
 Thraeces), and a short sword or dagger (sica. Suet. 
 Cal. 32), which is called fair supina by Juvenal 
 (viii. 201). They were usually matched, as already 
 stated, with the mirmillones. The following wood- 
 cut, taken from Winckelmann {I. c), represents a 
 combat between two Thracians. A lanista stands 
 behind each. 
 
 Paintings of gladiatorial combats, as well as of 
 the other sports of the amphitheatre, were favourite 
 subjects with the Roman artists. (Plin. //. N. 
 XXXV. 33; Capitol. Cord. 3; Vopisc. Carin. 18.) 
 Several statues of gladiators have come down to 
 us, which are highly admired as works of art : of 
 these the most celebrated is the gladiator of the 
 Borghese collection, now in the Museum of the 
 Louvre, and the dying gladiator, as it is called, in 
 the Capitoline Museum. Gladiatorial combats are 
 represented in the bas-reliefs on the tomb of Scau- 
 rus at Pompeii, and illustrate in many particulars 
 the brief account which has been given in this 
 article of the several classes of gladiators. These 
 bas-reliefs are represented in the following wood- 
 cuts from Mazois {Pomp. i. pi. 32). The figures 
 are made of stucco, and appear to have been mould- 
 ed separately, and attached to the plaster by pegs 
 of bronze or iron. In various parts of the frieze 
 are written the name of the person to whom the 
 gladiators belonged, and also the names of the gla- 
 diators themselves, and the number of their vic- 
 tories. The first pair of gladiators on the left hand 
 represents an equestrian combat. Both wear 
 helmets with vizors, which cover the whole face, 
 and are armed with spears and round bucklers. 
 In the second paii- the gladiator on the left has 
 been wounded ; he has let fall his shield, and is 
 imploring the mercy of the people by raising his 
 hand towards them. His antagonist stands be- 
 hind him waiting the signal of the people. Like 
 
GLADIATORES. 
 
 rPAMMATET'2. 
 
 457 
 
 11 the other gladiators represented on the frieze, 
 [hey wear the subliyaculum or short apron fixed 
 ibove the hips. The one on the left appears to be 
 minnillo, and the one on the right, with an ob- 
 
 itig shield (scutum), a Samnite. The third pair 
 
 onsists of a Thracian and a minnillo, the latter of 
 whom is defeated. The fourth group consists of 
 
 3ur figures ; two are secutores and two retiarii. 
 • 'he secutor, on his knee, appears to have been de- 1 
 
 ', minnillo; the former is holding up his hand to 
 'he people to implore mercy, while the latter appa- 
 ently wishes to become his enemy's executioner 
 ;)efore receiving the signal from the people ; but the 
 .anista holds him back. In the other combat a 
 'jnirmillo is mortally wounded by a Samnite. 
 J It will be oliserved that the right arm of every 
 igure is protected by armour, which the left does 
 ;iot require on account of the shield. [BestiaRII ; 
 ,/enatio.] (Lipsius, Saturnalia.) 
 I GLADIUS (|i<pos, poi't. aop, <pd<ryauov), a 
 Word or glaive, by the Latin poets called ensis. 
 ^rhe ancient sword had generally a straight two- 
 ^dged blade (a,u</)rj/c6S, Hom. IL x. ■25()), rather 
 )road, and nearly of equal width from hilt to point, 
 liladiators, however, used a sword which was 
 l Urved like a scimitar. (Mariette, HkcucU, No. 92.) 
 (in times of the remotest antiquity swords were 
 inade of bronze, but afterwards of iron. (Eurip. 
 \Pho<tn. 67, 529, 1438 ; Virg. Acii. iv. 579; vi. 2(jU.) 
 ifhe Greeks and Romans wore them on the left 
 j.ide (see p. 84 ; woodcut, p. 357 ; Sid. Apollin. 
 'Oarm. 2), so as to draw them out of the sheath 
 fVagina, KoAeos) by passing the right hand in front 
 i)f the body to take hold of the hilt with the 
 ;humb next to the blade. Hence Aeschylus dis- 
 linguishes the anny of Xerxes by the denomina- 
 iion o{ fiaxa.ipo(p6pov eficos {Pers. 5()), alluding to 
 .he obvious diti'erence in their appwirance in con- 
 lequence of the use of the Acinaces instead of the 
 word. 
 
 The early Greeks used a very short sword. (See 
 voodcut, p. 84.) Iphicrates, who made various 
 mprovements in armour about 400 B. c, doubled 
 ts length (Diod. Sic. xv. 44), so that an iron 
 word,found in a tomb at Athens,and represented by 
 Jodwell {Tour, i. p. 443), was two feet five inches 
 ong, including the handle, which was also of iron. 
 The Roman sword, as was the case also with their 
 jither olfensive weapons, was larger, heavier, and 
 ,nore formidable than the Gree^. (Florus, ii. 7.) 
 Its length gave occasion to the joke of Lentulus 
 ipon his son-in-law, who was of very low stature. 
 
 Who tied my son-in-law to his sword?" (Ma- 
 rob. Saturn, ii.) To this Roman sword the Greeks 
 
 feated by the rotiarius beliind him, but as the 
 fuscina is not adapted for producing certivin death, 
 the other secutor is called upon to do it. The 
 retiarius in the distance' is probably destined to 
 fight in his turn with the surviving secutor. The 
 last group consists of a mirmillo and a Samnite ; 
 the latter is defeated. 
 
 In the next woodcut two combats are represent- 
 ed. In the first a Samnite has been conquered by 
 
 applied the term (Tvddri (Arrian, Tact.), which was 
 the name of a piece of wood of the same form used 
 in weaving [Tela]. Tlie British glaive was still 
 larger than the Roman. (Tac. Ayrk: 36.) In a 
 moniunent found in London, and preserved at Ox- 
 ford, the glaive is represented between three and 
 four feet long. (Montfau^'on, Supplem. iv. p. 16.) 
 
 The principal ornament of the sword was be- 
 stowed upon the hilt. (Virg. Aeii. xii. 942.) [Ca- 
 
 PULUS.] 
 
 Gladius was sometimes used in a ^vide sense, so 
 as to include Pugio. (A. Gell. ix. 13.) [J. Y.] 
 GLANDES. [FuNDA.] 
 
 rNn'MHN. [IIoROLOlilUM.] 
 
 GRAUUS COGNATIONIS. [Cognati.] 
 rPAMMATErs, a clerk or scribe. Among the 
 great number of scribes employed by the magi- 
 strates and government of Athens, there were three 
 of a higher rank, who were real state-officers. 
 (Suidas, s. V.) Their functions are described by 
 Pollux (viii. 98). One of them was appointed by 
 lot, by the senate, to serve the time of the admi- 
 nistration of each prytany, though he always be- 
 longed to a diiferent prytjiny from that which was 
 ill power. He was, therefore, called ypa/xfiarevs 
 Kara Tvpvray^iav. (Uemosth. e. Timocrat. p. 720.) 
 Ills province was to keep the public records, and 
 the decrees of the people which were made during 
 the time of his office, and to deliver to the thesmo- 
 thetae the decrees of the senate. (Demosth. I. c.) 
 Demosthenes in another passage (De Fuls. Leg. p. 
 381) states, that the public documents, which were 
 deposited in the Metroon, were in the keeping of 
 a public slave; whence we must suppose withSchii- 
 mann (Dc Comit. p. 302. transl.) that this servant, 
 whose office was probably for life, was under the 
 ypa/x/xaTevs. and was his assistant. Previous to 
 the archcnship of Eucleides, the name of this scribe 
 was attached to the beginning of every decree of 
 the people (Schiimanii, p. 132, &c. ; compare 
 BOTAH', p. 157); and the name of the ypajifiarti^ 
 who officiated during the administration of the 
 first prytany in a year, was, like that of the archon 
 eponyuius, used to designate the year. 
 
 The second ypa/x/iaTevs was elected by the 
 
4.58 
 
 rPA*H'. 
 
 rPA*H'. 
 
 senate, by xcipoToyia, and was entnisted with 
 tlie custody of the laws {eirl rods fvfiovs, Polhix, 
 /. c. ; Deniosth. c. Timocrat. p. 713; l)e Coro/i. p. 
 238). His usual name was ypaixij.aTfvs rf s /SouAtjs, 
 but in inscriptions he is also called ypafifj.aTevs rav 
 fiovXevruv (Biickh, iStaats/i. i. p. "201). Further 
 particulars concerning his office are not known. 
 
 A third ypaixfiarev^ was called ypajx^anvs t-^s 
 TToXius (Thucyd. vii. 10), or ypafi/xaTeiis ttjs 
 /SouXtjs Kcd Tov Sjj/uou. He was appointed by the 
 people, by x^'pcrocia, and the principid part of 
 his office was to read any laws or documents which 
 were required to be read in the assembly or in the 
 senate. (Pollux, c; Deniosth. De Fah. Leg. ^p. 
 419 ; c. Lejitiii. p. 48.5 ; Suidas, s. v.) 
 
 A class of scribes, inferior to these, were those 
 persons who were appointed clerks to the several 
 civil or military officers of the state, or who served 
 any of the three ypafi/xaTets mentioned above as 
 nnder-clerks (vTroypa/xfiaTeis, Demosth. De Fats. 
 Leg. p. 419; l)c Coron. p. 314; Antiphon. De 
 Chorciit. p. 792; Lysias, c. Nicomach. p. 8()4). 
 These persons were either public slaves or citizens 
 of the lower orders, as appears from the manner in 
 which Demosthenes speaks of them, and were not 
 allowed to hold their office for two succeeding 
 years. (Lysias, c. Nicomach. p. 864, according 
 to the interpretation of this passage by Bockh, 
 StaaUh. i. p. 203.) 
 
 Ditforont from these common clerks were the 
 dvTiypatpiii, checking-clerks or counter-scribes, who 
 must likewise be divided into two classes, a lower 
 and a higher one. The former comprised those 
 who accompanied the generals and cashiers of the 
 armies (Demosth, De Cherson. p. 101), who kept 
 the control of the expenditure of the sacred monej', 
 &c. (Biickh, StaaUli. i. p. 1 98.) The higher class 
 of dvTiypa<p(ts, on the other hand, were public 
 officers. Their number was, according to Harpo- 
 cration (s. v.), only two, the dvTiypa(p€vs Tns 
 SioiK7j(r(ft>j, and the dvTiypacf evs tris fiovAris. The 
 office of the former was to control the expenditure 
 of the public treasury (SiolKTiais) ; the latter was 
 always present at the meetings of the senate, and 
 recorded the accounts of money which was paid 
 into the senate. (Compare Pollux, viii. 98 ; Suidas, 
 s. V.) lie had also to lay the accounts of the 
 public revenue before the people in every prytany, 
 so that he was a check upon the cmoSiKrai. He 
 was at first elected by the people by x^'p"''''""'''') 
 but was afterwards appointed by lot. (Aeschin. c. 
 Ctesiph. p. 417 ; Pollux, /. c.) 
 
 The great number of clerks and counter-clerks 
 at Athens was a necessary consequence of the in- 
 stitution of the eufiucrj, which could not otlier- 
 wise have been carried into effect. (See Schu- 
 mann, De C'umit. p. 302, &c. ; Biickh, Staatsh. i. 
 p. 198, &c. ; Hermann, Polit. Antiq. % 127. n. 17 
 and 18.) [L.S.] 
 
 rPA4>H', in its most general acceptation, com- 
 prehends all state trials and criminal prosecutions 
 whatever in the Attic courts ; but in its more 
 limited sense, those only which were not distin- 
 guished as the euflufT), cv^ei^is, e<(ra776A.ia by a 
 special name and a peculiar conduct of the proceed- 
 ings. The principal characteristic dift'erences between 
 public and private actions are enumerated under 
 Al'KH, and the peculiar fomis of public prosecu- 
 tions, such as those above mentioned, are separately 
 noticed. Of these fonns, together with that of the 
 ypaiprj, properly so called, it frequently happened 
 
 that two or more were applicable to the same cause 
 of action ; and the discretion of the prosecutor in 
 selecting the most preferable of his available re- 
 medies was attended by results of great importance 
 to himself and the accused. If the prosecutor's 
 speech (Karriyopta), and the evidence adduced by 
 him, were insufficient to est;iblish the aggravated 
 character of the wrong in question, as indicated by 
 the fonn of action he had chosen, his ill-judged rigour 
 might be alleged iu mitigation of the punishment 
 by the defendant in his reply (a7roAo7io), or upon 
 the assessment of the penalty after judgment given ; 
 and if the case were one of those in which the di- 
 casts had no power of assessing (aTi'/i7)Tos ypa<pii) it 
 might cause a total failure of justice, and even 
 render the prosecutor liable to a fine or other 
 punishment. (Demosth. c. Aiidrot. GOl, c. Maid. 
 52.S.) 
 
 The courts before which public causes could be 
 tried were very various ; and, besides the ordinary 
 Hcliastic bodies under the control of the nine 
 archons or the generals or logistae, the council and 
 even the assendjly of tlie people occasionally le- 
 canie judicial bodies for that purpose, as in the case 
 of certain Docimasiae and Eisangeliae. (Meier, 
 Proc. p. 205. 2(;8.) The proper court in which to 
 bring a particular action was for the most part de- 
 termined by the subject-matter of the accusation. 
 In the trial of state oU'ences it was in general re- 
 quisite that the ostensible prosecutor should he an 
 Athenian citizen in the full possession of his fran- 
 chise; but on some particular occasions (Thucyd. vi. 
 28 ; Lj's. pro Call. even slaves and resident 
 
 aliens were invited to come forward and lay in- 
 formations. In such cases, and in some Eisangeliae 
 and other special proceedings, the prosecution and 
 conduct of tlie cause in court was carried on by 
 advocates retained by the state {^vvqyopot) for the 
 occasion ; but with the exception of these tem- 
 porary appointments, the protection of purely state 
 interests seems to have been left to volunteer ac- 
 cusers. 
 
 In criminal causes the prosecution was con- 
 ducted by the kv^ios in behalf of the aggrieved 
 woman, minor, or slave ; his TrpouTOTris probably 
 gave some assistance to the resident alien in the 
 commencement of proceedings, though tlie accusa- 
 tion was in the name of the person aggrieved, who 
 also made his appearance at the trial without the 
 intervention of the patron (Meier, Alt. Froc. 
 Gfa'l) ; and a complete foreigner would upon this 
 occasion require the same or a still further protec- 
 tion from the proxenus of his country. With the 
 exception of cases in which the Apagoge, Ephegesi? 
 Endeixis, or Eisangelia were adopted, in the three 
 first of which an arrest actually did and in 
 the last might take jilace, and accusations at the 
 Euthunae and Docimasiae, when the accused 
 was or was supposed by the law to be present, 
 a public action against a citizen commenced likf 
 an ordinary law-suit, with a summons to appeal 
 before the proper magistrate on a fixed day 
 (Plato, Euthypli. init.) The anacrisis thei 
 followed [ANA'KPI2I2] ; but the bdl of accusa 
 tion was called a ypa(j>tj, or (pdcis, as the case 
 might be, and not an fyKKrjua or AtjIu, as in pri- 
 vate actions ; neither could a public prosecutioi 
 be referred to an arbitrator [AIA1TH'TH2], and 1 
 it were compromised, would in many cases rendci 
 the acccuser liable to an action Ka6v<p((reu)S, i) 
 not ipso facto to a fine of a thousand drachmae. 
 
GUBERNACULUM. 
 
 rTMNOnAIAl'A. 
 
 459 
 
 leier, AU. Proc. 355.) The same sum was also 
 i-'feited when the prosecutor failed to obtain tlie 
 I ices of a fifth of the dicasts in all cases except 
 \ose brought before the archou that had reference 
 j injury {KUKoiais) done to women or orphans ; 
 id besides this penalty, a modified disfrauchise- 
 ,3nt, as, for instance, an incapacity to bring a 
 
 uilar accusation, was incurred upon several oc- 
 lisions. Upon the conviction of the accused, if 
 je sentence were death, the presiding magistrate 
 - the court delivered the prisoner, who remained 
 j the custody of tlie Scythae during the trial, to 
 
 e Eleven, whose business it was to execute 
 ;dgment upon him. [Eleven, The.] If the 
 I'.nishment were confiscation of property, the 
 Imarchs made an inventory of the effects of the 
 iiminal, which was read in the assembly of the 
 
 ■ople, and delivered to the poletae, that they 
 
 ight make a sale of the goods, and pay in the 
 ■oceeds to the public treasury. (Meier, Ati.Proc. 
 iW, &c.) [J. S. M.] 
 
 i GREGORIA'NUS CODEX. [Codex Gue- 
 
 IJRIANUS.] 
 
 i rP0'2'i'02. [Hasta.] 
 GUBERNA'CULUM, ant. GUBERNUM 
 rTjSaAtoi'), a rudder. Before the invention of the 
 dder, which Pliny (//. N. vii. 57) ascribes to 
 iphys, the pilot of the ship Argo, vessels were 
 )th propelled and guided by oars alone. This cir- 
 iimstance may account for the form of the ancient 
 jidder, as well as for the mode of using it. It was 
 jie an oar with a very broad blade, and was com- 
 ,only placed on each side of the stern, not at its 
 ictremity. The annexed woodcut presents ex- 
 luples of its appearance as it is frecjuently exhibit- 
 il on coins, gems, and other works of art. The 
 gure in the centre is from one of Bartoli's lamps 
 puc. Ant. i. 5), and display's a Triton blowing the 
 (UCCIN.4. and holding a rudder over his shoulder 
 ji his left hand. The first figm-e in the same 
 -oodcut is from a cameo in the Stosch collection. 
 ; represents a rudder with its helm or tiller 
 |A.NSA ; Cl.Wus], crossed by the cornucopia, 
 (hese two emblems of abundance and success are 
 "ten found together, especially in representations 
 f Fortune. In the thii'd figure, taken from an- 
 ther cameo in the same collection, Venus leans 
 ith her left arm upon a rudder, which indicates 
 er origin fiom the sea. 
 
 The usual position of the rudder at the side of 
 lie stern is seen in the woodcuts at p. 48. 52. 58. 
 
 The gubemaculum was managed by the (/uhcr- 
 aior (Plaut. RtiU. iv. 3. 75; Sen. Lpist. 8G ; 
 
 Kvgepir/iTT)s, Hom. Od. iii. 279 — 283 ; xii. 217, 
 218) ; who is also called the reclur as distinguished 
 from the nuighicr (Virg. Aen. v. IGl. 1G5 ; Sen. 
 Epist. 122), and by the Greek poets oiaKotnp6<pos 
 and oiaKov6/j.os (Aeschyl. From. 153. 524; Pind. 
 Ist/i. iii. 89), because he turns and directs the 
 helm. (Pint, dc Supcfst. v. vi. p. ()'4(j. ed. Reiske ; 
 otaKU vwi^wu, Aeschyl. Scjit. c. Tlich. 3.) 
 
 A ship had sometimes one, but more commonly 
 two rudders (Aelian, V. H. ix. 40; Heliod. Acth. 
 v. p. 241. ed. Comm.; Acts, xxvii. 40); and they 
 were distinguished as the right and the left nidder 
 (de.ilrum, sinistnim, Hj'gin. Fall. 14). In the 
 Caspian sea, where the old practice not long ago 
 remained in force, a modem traveller was nearly 
 shipwrecked, because the rudders were in the 
 hands of two pilots who spoke different languages. 
 To obviate such disasters mnong the ancients, the 
 same steersman held both tillers, if the boat was 
 small, as is clearly shown in the representation of 
 one on a lamp. (Bartoli, iii. 31.) In larger ships 
 the extremities of the helms were joined by a pole, 
 which was moved by one man, and kept the rud- 
 ders always parallel. This construction is seen in 
 the model of a ship which is preserved in the col- 
 lection of Egyptian antiiiuitiesat Berlin, and which 
 was discovered in the tomb of a priest. Tiie con- 
 trivances for attaching the two rudders to one 
 another, and to the sides of the ship, are called 
 ^euyAai (Eurip. HcL 1551)) and ^evKTTjpiai {Acts, 
 xxvii. 40). 
 
 Ships constructed with a double prow and stem 
 ['Aiy[4>I'nPTMNOI NH^ES] had two rudders at 
 each end. (Tacit. Aini.ii. (i.) In the great ship built 
 at Alexandria by Ptolemy Philopator, the four rud- 
 ders were each thirty cubits in length. (Athen. 
 V. 37.) [J. Y.j 
 
 FTMNASIA'PXHS. [Gymnasium, p. 402.] 
 TTMNA'SION. [Gymnasium.] 
 TTMNASTAI'. [Gymnasium, p. 463.] 
 GUBERNA'TOR. [Guuernaculum.] 
 rTMNH'2IOI or rTMNH"TE2 were a class of 
 bond-slaves at Argos, who may be compared with 
 the Helots at Sparta. (Steph. Byz. s. v. X'los: 
 Pollux, iii. 83.) Their name shows that they 
 attended their masters on military service in the 
 capacity of light-araied troops. Muller (Dor. iii. 
 4. § 2) remarks that it is to these gymnesii that 
 the account of Herodotus (vi. 83) refers, that O'OOO 
 of the citizens of Argos having been slain in battle 
 by Cleomenes, king of Sparta (Id. vii. 148), the 
 slaves got the government into their own hands, 
 and retained possession of it until the sons of those 
 who had fallen had grown to manhood. After- 
 wards, when the young citizens had grown up, the 
 slaves were compelled by them to retire to Tuyns, 
 and then after a long war, as it appears, were 
 either driven from the territory, or again subdued. 
 
 rTMNOnAIArA,the festival of "naked youths," 
 was celebrated at Sparta every year in honour of 
 Apollo Pythaeus, Artemis, and Leto. The statues 
 of these deities stood in a part of the Agora called 
 Xop^s, and it was around these statues that, at the 
 g^^nnopaedia, Spartan youths perfonned their 
 chomscs and dances in honour of Apollo. (Pans, 
 iii. 11. § 7.) The festival lasted for several, per- 
 haps for ten, days, and on the last day men also 
 performed choruses and dances in the theatre ; and 
 during these gjTUnastic exhibitions they sang the 
 songs of Thaletas and Alcman, and the paeans of 
 Dionysodotus. The leader of the chorus (Trpo- 
 
rTNAIKONO'MOI. 
 
 GYMNASIUM. 
 
 cTTaTTjs or xopoTOio's) wore a kind of chaplet, called 
 (jTeipavoi ^vpeariKoi, in commemoration of the 
 victory of the Spartans at Thyrea. This event 
 seems to have been closely connected with the 
 gjTimopaedia, for those Spartans who had fallen 
 on tliat occasion were always praised in songs 
 at this festivah (Athen. xv. p. 078 ; Plut. Agusil. 
 •29; Xen. Helleii. vi. 4. § 16; Hesych. Suid. 
 Etym. Mag. and Timaeus, Glossar. s. v. Tv/xvo- 
 iraiSia.) The boys in their dances performed 
 such rythmical movements as resembled the exer- 
 cises of the palaestra and the pancration, and also 
 imitated the wild gestures of the worship of Diony- 
 sus. (Athen. xiv. p. 631.) MUller {Hid. of Gr. 
 Lit. i. p. 161) supposes, with great probability, 
 that the dances of the gymnopaedia partly consist- 
 ed of mimic representations, as the establishment 
 of the dances and musical entertainments at this 
 festival was ascribed to the musicians, at the head 
 of whom was Thaletas. (Plut. De Mus. c. 9.) The 
 whole season of the gyranopaediii, during which 
 Sparta was visited by great numbers of strangers, 
 was one of great merriment and rejoicings (Xen. 
 Mcmor. i. 2. § 61 ; Plut. Ariesil. 29 ; Pollux, iv. 
 14. 104), and old bachelors alone seem to have 
 been excluded from the festivities. (Osarm, De 
 Coelihum apud Veteres Populos Condithne Com- 
 meiiiat. p. 7, &c.) The introduction of the gymno- 
 paedia, which subsequently became of such import- 
 ance as an institution for gymnastic and orchestic 
 performances, and for the cultivation of the poetic 
 and musical arts at Sparta, is generally assigned to 
 the year 665. B. c. (Compare Meursius, Orchestra, 
 p. 12, &c. ; Creuzer, Commeiitat. Herod, i. p. 230; 
 MUller, Dur. ii. p. 350, inc.) [L. S.] 
 
 rTNAIKONO'MOI or TTNAIKOKO'SMOI were 
 magistrates at Athens, who superintended the con- 
 duct of Athenian women. (Pollux, viii. 1 12.) We 
 know little of the duties of these officers, and even 
 the time when they were instituted is not quite 
 certain. Bockh {De PliUoeh. p. 24) has endea- 
 voured to show that they did not exist until the 
 time of Demetrius Phalereus, whereas, according 
 to others, they were instituted by Solon, whose re- 
 gulations concerning the female sex certainly ren- 
 dered some special officers necessary for their main- 
 tenance. (Plut. Sol. 21 ; compare Thirl wall, Hist, 
 of Greece, ii. p. 51.) Their name is also men- 
 tioned by Aristotle {Pol. iv. 12. p. 144, and vi. 5. 
 p. 214. ed. Gottling) as something which he sup- 
 poses to be well-known to his readers. These cir- 
 cumstances induce us to think that the yvvaiKovo- 
 Hoi, as the superintendents of the conduct of women, 
 existed ever since tlie time of Solon, but that their 
 power was afterwards extended in such a manner 
 that they became a kind of police for the ptrrpose 
 of preventing any excesses or indecencies, whether 
 committed by men or by women. (See the FragTn. of 
 Timocles andMenander,ap.^l?/icn.vi.p.245,where a 
 Kaivos u6fios is mentioned as the source from which 
 they derived their increased power ; compare Plut. 
 Sol. 21. i/ifin.) In their first and original capacity, 
 therefore, they had to see that the regulations con- 
 cerning the conduct of Athenian women were ob- 
 served, and to punish any transgressions of them 
 (Harpocrat. s. r. "Ori x'^'os : Hesych. s. r. Tl\aTa- 
 vos) ; in the latter capacity they seem to have act- 
 ed as ministers of the areopagus, and as such had 
 to take care that decency and moderation were ob- 
 served in private as well as in public. Hence they 
 superintended even the meetuigs of friends in their 
 
 private houses, e. rj. at weddings, and on other f( 
 tive occasions. (Pliiloch. a]]. Allien, vi. p. 24,' 
 Meetings of this kind were not allowed to cons 
 of more than thirty persons, and the ywatKovof. 
 had the right to enter any house and send aw; 
 all the guests above that number ; and that thi 
 might be able, previous to entering a house, 
 fonu an estimate of the number of persons assei 
 bled in it, the cooks who were engaged for ti 
 occasion had to give in their names to the ywaiK 
 vofioi. (Athen. I. c.) They had also to puni; 
 those men who showed their eflejninate charact 
 by frantio or immoderate wailing at their own 
 other persons' misfortunes. (Plut. I. c.) The nui 
 ber of these officers is uid;nown. Meier {A 
 Proc. p. 97) thinks that they were appointed 1 
 lot; but Hennann {Polit. Ant. % 150. n. 5), refe 
 ring to Menander {Rlwt. De Eucom. p. 105. e 
 Heeren.), reckons them among those officers wl 
 were elected. [L. S.] 
 
 GUSTA'TIO. [CoBNA, p. 251.] 
 GUTTUS. [Baths, p. 140, 141.] 
 GYMNASIUM {yviivdoMv). The whole edi 
 cation of a Greek youtli was divided into thn 
 parts : grammar, music, and g>Tnnastics {ypd/ijiaT 
 fiovcriKri, and yvfxvaariKi), Plato, Tlieuij. p. 1 2'1 
 Plut. De Audit, c. 17 ; Clitoph. p. 497), to whi< 
 Aristotle {De Reptihl. viii. 3) adds a fourth, tl 
 art of drawing or painting. Gjtnnastics, howeve 
 were thought by the ancients a matter of such b 
 portance, that this part of education alone occupit 
 as much time and attention as all the others pi 
 together; and while the latter necessarily cease 
 1 at a certain period of life, gymnastics continued ; 
 be cultivated by persons of all ages, though tho; 
 of an advanced age naturally took lighter and le; 
 fatiguing exercises than boys and youths. (Xe; 
 St/mpos. i. 7 ; Lucian, Lejiph. 5.) The ancient 
 and more especially the (ireeks, seem to have bee 
 thoroughly convinced that the mind coidd not poi 
 sibly be in a healthy state, unless the body wa 
 likewise in perfect health, and no means wei 
 thought, either by philosophers or physicians, to 1: 
 more conducive to preserve or restore bodily healt 
 than well regulated exercise. The word gjTnna; 
 tics is derived from yv/xvos (naked), because th 
 persons who performed their exercises in pubUc ( 
 private gymnasia were either entirely naked, t 
 merely covered by the short x'^w". (See the authi 
 rities in Wachsmuth, Helle/i. Altertli. ii. 2. p. 3, 
 and Becker's Chirildes, i. p. 316, &c.) 
 
 The great partiality of the Greeks for gynmasti 
 exercises was productive of infinite good : the 
 gave to the body that healthy and beautiful dev( 
 lopment by which the Greeks excelled all othf 
 nations, and which at the same time imparted I 
 their minds that power and elasticity which wi 
 ever be admired in all their productions. (Luciai 
 De Gt/mnast. 15.) The plastic art in particulr. 
 must have found its hrst and chief nourishment i 
 the gymnastic and athletic peiformances, and i 
 maj' be justly observed that the Greeks woul 
 never have attained their preeminence in sculptur 
 had not their gynniastic and athletic exhibition 
 made the artists familiar with the beautiful form 
 of the human body and its various attitudes, fit 
 specting the advantages of gymnastics in a medic;: 
 point of view, some remarks are made at' the eni 
 of this article. But we must at the same tun 
 confess, that at a later period of Greek historj 
 when the gymnasia had become places of resort f" 
 
GYMNASIUM. 
 
 GYMNASIUM. . 4G1 
 
 0 loungers, their evil efleets were no less strik- 
 The chief objects for which they had origi- 
 lly been instituted were gradually lost sight of, 
 d instead of being places of education and train- 
 ; they became mere jilaces of amusement ; and 
 King other injurious practices to which they gave 
 c, the gjTnnasia were charged, even by the an- 
 ■iits themselves, with having produced and fos- 
 [ired that most odious vice of the Greeks, the 
 iiSepaa-Tia. (Plut. Quacst. Rom. 40. torn. ii. p. 
 '•2. ed. Wyttenb. ; compare Aristot. De RepiM. 
 li. 4; Plut. PhUoiK 3.) 
 
 G>nnnastics, in the widest sense of tlie word, 
 iiipreiiended also the agonistic and athletic arts 
 ~,uviariKTi and d6\r}TiKrj), that is, the art of those 
 liii contended for the prizes at the great public 
 iiies in Greece, and of those who made gymnas- 
 i; performances their profession [Athletae and 
 
 ||rflNO0E'TAI]. Both originated in the gymna- 
 :i, in as far as the athletae, as well as the agonis- 
 (' were originally trained in them. The athletae, 
 iwever, afterwards formed a distinct class of per- 
 ms unconnected with the gymnasia; while the 
 vmnasia, at the time when they had degenerated, 
 ere in reality little more than agonistic schools, 
 ttended by numbers of spectators. On certain 
 xasious the most distinguished pupils of the gym- 
 asia were selected for the exhibition of public 
 
 lontests [AAMnAAHQOPl'A], so that on the 
 'hole there wasalwaj's a closer connection between 
 
 |he gymnastic and agonistic than between the 
 
 lymnastic and athletic arts. In a narrower sense, 
 
 p.owever, the gymnasia had, with very few ex- 
 eptions, nothing to do with the public contests, 
 nd were places of exercise for the purpose of 
 trengthening and improving the body, or in other 
 
 ivords, places for physical education and training ; 
 
 ind it is chiefly in this point of view that we shall 
 
 (■onsider them in this article. 
 
 I Gymnastic exercises among the Greeks seem to 
 Iiave been as old as the (ireek nation itself, as 
 inay be inferred from the fact that gymnastic con- 
 lests are mentioned in many of the earliest legends 
 lif Grecian story ; but they were, as might be sup- 
 J)osed, of a rude and mostly of a warlike character. 
 They were generally held in the open air, and in 
 plains near a river, which alTorded an opportunity 
 tor swimming and bathing. The Attic legends 
 lindeed referred the regidation of gymnastics to 
 Theseus (Paus. i. 39. § 3), but according to Galen 
 it seems to have been about the time of Cleisthcnes 
 'that gymnastics were reduced to a regular and com- 
 Iplete system. Great progress, however, must have 
 heen made as early as the time of Solon, as appears 
 from some of his laws which are mentioned below, 
 lit was about the same period that the Greek towns 
 'began to build their regular gymnasia as places of 
 lexercise for the young, with baths, and other con- 
 veniences for philosophers and all persons who 
 sought intellectual amusements. There was pro- 
 bably no Greek town of any importance which did 
 'not possess its gymnasium. In many places, such 
 las Ephesus, Hierapolis, and Alexandria in Troas, 
 fthe remains of the ancient gymnasia have been 
 i discovered in modern times. Athens alone pos- 
 sessed three great gjnnnasia, the Lyceum (AvKeiov), 
 Cynosarges (Kuco'(rtip7r)s),and the Academia('A/ca- 
 Srj/ii'a); to which, in later times, several smaller ones 
 were added. All buildings of this kind were, on 
 . the whole, built on the same plan, though, from 
 the remains, as well as from the descriptions still 
 
 extant, we nnist infer that there were many dif- 
 ferences in tlieir detail. The most complete de- 
 scription of a gymnasium which we possess, is that 
 given by Vitruvius (v. II), which, however, is 
 very obscure, and at the same time defective, in as 
 far as many parts which seem to have been essen- 
 tial to a gymnasium, are not mentioned in it. 
 Among the numerous plans which have been drawn, 
 according to the description of Vitruvius, that of 
 W. Newton, in his translation of Vitruvius, vol. i. 
 fig. a'2, deserves the preference. The following 
 woodcut is a copy of it, with a few alterations. 
 
 The peristylia (D) in a gymnasium, which Vi- 
 truvius incorrectly calls palaestra, are<placed in the 
 form of a square or oblong, and have two stadia 
 (1'200 feet) in circumference. They consist of four 
 porticoes. In three of them (ABC) spacious exe- 
 drae with seats were erected, in which pliiloso- 
 phers, rhetoricians, and others, who delighted in 
 intellectual conversation, might assemble. A fourth 
 portico (E), towards the south, was double, so that 
 the interior walk was not exposed to bad weather. 
 The double portico contained the following apart- 
 ments: — The Ephebeuni (F), a spacious hall with 
 seats, is in the middle, and by one-third longer 
 than broad. On tlie right is the Coryceura (O), 
 perhaps the same room which in other cases was 
 called Apodyterium ; then came the Conisterium (H) 
 adjoining ; and next to the Conisterium, in tlie re- 
 turns of the portico, is the cold bath, XovTpov (I). 
 On the left of the Kphebeum is the Elaeothesium, 
 where persons were anointed by the aliptae (K). 
 Adjoining the Elaeothesium is the Frigidarium 
 (L), the object of which is unknown. From 
 thence is the entrance to the Propnigeum (M), on 
 the returns of the portico ; near which, but more 
 inward, behind the place of the frigidarium, is the 
 vaulted sudatory (N), in length twice its breadth, 
 which has on the returns the Laconicum (O) on 
 one side, and opposite the Laconicum, the hot-bath 
 (P). On the outside three porticoes are built; one 
 (Q), in passing out from the peristyle, and, on the 
 right and left, the two stadial porticoes (B S), of 
 which, the one (S) that faces the north, is made 
 double and of great breadth, the other (R) is single, 
 
46-2 
 
 GYMNASIUM. 
 
 GYMNASIUM. 
 
 and so designed that in tlie parts wliich encircle 
 the walls, and which adjoin to the columns, there 
 may he margins for paths, not less than ten feet; 
 and the middle is so excavated, that there may be 
 two steps, a foot and a half in descent, to go from 
 the margin to the plane (R), which plane should 
 not be less in breadth than 1"2 feet ; by this means 
 those who walk about the margins in their apparel 
 will not be annoyed by those who are exercising 
 themselves. This portico is called by the Greeks 
 luCTTos, because in the \vinter season the athletae 
 exercised themselves in these covered stadia. The 
 guards had groves or plantations between the 
 two porticoes, and walks between the trees, with 
 seats of signine work. Adjoining to the ^ucttos 
 (R) and double portico (S), are the uncovered 
 walks (U), which in Greek are called irapa^po- 
 /x'lSes, to which the athletae, in fair weather, go 
 from the winter-xystus, to exercise. BeN'ond the 
 xystus is the stadium (W), so large that a multi- 
 tude of people may have sufficient room to behold 
 the contests of the athletae. 
 
 It is generally believed that Vitruvius in this 
 description of his gymnasium took that of Naples 
 as his model ; but two important parts of other 
 Greek gymnasia, the apodyterium and the sphaeris- 
 terium, are not mentioned by him. The Greeks 
 bestowed great care upon the outward and inward 
 splendour of their gymnasia, and adorned them 
 with the statues of gods, heroes, victors in the 
 public games, and of eminent men of every class. 
 Hennes was the tutelary deity of the gymnasia, 
 and his statue was consequently seen in most of 
 them. 
 
 The earliest regulations which we possess con- 
 cerning the giionnasia are in the laws of Solon. 
 One of these laws forbade all adults to enter a 
 gymnasium during the time that boys were taking 
 their exercises, and at the festival of the Hcrmaea. 
 The gymnasia were, according to the siime law, 
 not allowed to be opened before sunrise, and were 
 to be shut at sunset. (Aeschin. c. Timarch. p. 38.) 
 Another law of Solon excluded slaves from gymna- 
 stic exercises. (Aeschin. c. Timardi. p. 147 ; Plut. 
 Solon, 1; Dcmosth. c. Timocrat. p. 736.) Boys, 
 who were children of an Athenian citizen and a 
 foreign mother (^0901), were not admitted to any 
 other gymnasium but tlie Cynosarges. (Plut. 
 T/wm. I.) Some of the laws of Solon relating to 
 the management and the superintendence of the 
 gymnasia, show that he was avvare of the evil con- 
 sequences which these institutions might produce, 
 unless they were regulated by the strictest rules. 
 As we, however, find that adults also frequented 
 the gymnasia, we must suppose that, at least as 
 long as the laws of Solon were in force, the gj'm- 
 nasia were divided into diiferent parts for persons 
 of difl'erent ages, or that persons of different ages 
 took their exercises at different times of the day. 
 (Biickh, C'oip. Inscript. n. "246 and 2214.) The 
 education of boys up to the age of sixteen was 
 divided into the three parts mentioned above, so 
 that gymnastics formed only one department ; but 
 during the period, from their sixteenth to their 
 eighteenth year, the instruction in grammar and 
 music seems to have ceased, and gynniastics were 
 exclusively pursued. In the time of Plato the 
 salutary regulations of Solon appear to have been 
 no longer observed, and we find persons of all ages 
 visiting tlie gymnasia. (Plat. De Rep. v. p. 452 ; 
 Xen. Si/mpos. ii. If!.) Athens now possessed a 
 
 number of smaller gj-mnasia, which are sometin' 
 called palaestrae, in which persons of all ages us 
 to assemble, and in which even the Hennaea wc 
 celebrated by the boys, while formerly this sole; 
 nity had only been kept in the great gymnas 
 and to the exclusion of all adults. (Plat. Li/s. 
 206.) These changes, and the laxitude in t 
 superintendence of these public places, caused t 
 gymnasia to differ very little from the schools 
 the athletae ; and it is perliaps parth' owing to tl 
 circumstance that writers of this and subsequo 
 times use the words gvmnasiuni and palaestra i 
 discriminately. (Becker, C/iari/.lcs, i. p. 341.) 
 
 Married as weU as unmarried women were, 
 Athens, and in all the Ionian states, excliid( 
 from the gymnasia ; but at Sparta, and in son 
 other Doric states, maidens, dressed in the sho 
 Xtrwv, were not only admitted as spectators, h 
 also took part in the exercises of the youtl 
 Married women, however, did not frequent tl 
 g}^nnasia. (Plat. De Legg. vii. p. 806.) 
 
 Respecting the superintendence and admir 
 stration of tlie gymnasia at Athens, we know th 
 Solon in his legislation thought them worthy 
 great attention ; and the transgression of some 
 his laws relating to the gymnasia was punishi 
 with death. His laws mention a magistrate, calli 
 the g\nnnasiarch (yvfivaaiapxos or yvfivaaidpxv 
 who was entrusted with the whole managemc 
 of the gymnasia, and with every thing co 
 nected therewith. His office was one of the r 
 gular liturgies like the choregia and trieract 
 (Isaeus, De Philoctem. Mr. p. 1.54), and was s 
 tended with considerable expense. He had 
 maintain and pay the persons who were preparii 
 themselves for the games and contests in the publ 
 festivals, to provide them with oil, and perha 
 with the wrestlers' dust. It also devolved upi 
 him to adorn the gymnasium or the place wlie 
 the agones took place. (Xen. De Rep. Allien. 
 1 3.) The gymnasiarch was a real magistrate, ai 
 invested with a kind of jurisdiction over all tho 
 who frequented or were connected with the gyi 
 nasia ; and his power seems even to have extendi 
 beyond the gymnasia, for Plutarch {Amator. c. 
 &c.) states that he watclied and controlled the co 
 duct of the ephebi in general. He had also tl 
 power to remove from the gymnasia teachers, i)liil 
 sophers, and sophists, whenever he conceived tti 
 they exercised an injurious influence upon tl 
 young. (Aeschin. c. Tiinareh.) Another part 
 his duties was to conduct the solemn games 
 certain great festivals, especially the torch-rai 
 (\afxTTaS7i(popia), for which he selected the mo 
 distinguished among the ephebi of the gynniasi 
 The number of gymnasiarchs was, according 
 Libanius on Demosthenes (c. Mid. p. 510) te 
 one from everj' tribe. (Compare Demosth. c. I'liili 
 p. 50 ; c. lioeot. p. 9!)() ; Isaeus, De Menei 
 c. 42.) They seem to have undertaken their of 
 cial duties in turns, but in what manner is u: 
 known. Among the external distinctions of 
 g^Tunasiarch, were a purple cloak and white shoe 
 (Plut. Anion. 33.) In early times the office 
 gymnasiarch lasted for a year, but under the R 
 man emperors wc find that sometimes they held 
 only for a month, so that there were 12 or 1 
 gymnasiarchs in one year. (Krause, T/ieaget/es, 
 p. 218.) This office seems to have been conside 
 ed so great an honour, that even Roman genera 
 and emperors were ambitions to hold it. (_)thi 
 
GYMNASIUM. 
 
 GYMNASIUM. 
 
 46.3 
 
 cek towns had, like Athens, tlieir own gjniina- 
 ichs, but we do not know whether, or to what 
 tciit.tlieir duties dift'ered from tiie Athenian gym- 
 Miuch. In Cyrene the office was sometimes held 
 women. 
 
 Another office which was formerly believed to 
 connected with the superintendence of the gym- 
 >ia, is that of .xystarchus (|i/(rTaf)xos). But it 
 nut mentioned previous to the time of the Ro- 
 111 emperors, and then only in Italy and Crete, 
 .rause [Ih. p. 2"22) has shown tliat this office liad 
 |)thing to do with the gpiinasia properly so called, 
 mt was only connected with the schools of the 
 Jhletao. 
 
 ' An office which is likewise not mentioned before 
 0 time of the Roman emperors, but was neverthe- 
 ss decidedly connected with the gpnnasia, is that 
 Cosmetes. He had to arrange certain games, to 
 Cgister the names, and keep the lists of the ephebi, 
 k1 to maintain order and discipline among them. 
 
 was assisted by an anticosmetes and two hy- 
 vfosmetae. (Krause, lb. p. 22!), kc.) 
 An office of very great importance, in an educa- 
 onal point of view, was that of the sophronistae 
 Tw(ppovlaTai). Their province was to inspire the 
 jouths with a love of aoKppjcrvvr], and to protect 
 lis virtue against all injurious influences. In early 
 iiies their number at Athens was ten, one from 
 very tribe, with a salary of one drachma per day. 
 iEtymol. Marj. s. r.) Their duty not only requir- 
 ed them to be present at all the games of the 
 [phebi, but to watch and correct their conduct 
 I'herever they might meet them, both within and 
 (without the g_\nnnasiuin. At the time of the em- 
 ieror Marcus Aurelius only six sophronistae, assist- 
 Jd by as many hyposophronistiie, are mentioned. 
 3 Krause, Jb. p. 231, &c.) 
 
 j The instructions in the gj-mnasia were given by 
 jhe gymnastae (yvjxvaarai) and the paedotribae 
 jirai5oTpi§ai') ; at a later period hypopaedotribae 
 vera added. The pacdotribes was required to 
 oossess a knowledge of all the various exercises 
 ;vhich were perfonned in the gymnasia ; the gyra- 
 lastes was the practical teacher, and was expected 
 0 know the physiological effects and influences 
 n\ the constitution of the youths, and therefore 
 ;issigned to each of them those exercises which he 
 j.hought most suitable. (Galen. Dc Valet, liiend. ii. 
 j). 11 ; Aristot. Pulit. viii. 3. 3.) These teachers 
 l^fere usually athletae, who had left their profes- 
 [iion, or could not succeed in it. (Aelian, V. H. ii. 
 ':); Galen, I. c. ii. 3, &c.) 
 
 \ The anointing of the bodies of the youths, and 
 itrewing them with dust, before they commenced 
 ;heir exercises, as well as the regulation of their 
 iiet, was the duty of the aliptae. [Aliptae.] 
 rhese men sometimes also acted as surgeons or 
 wachers. (Pint. Dioii.c.\.) Galen (/. c. ii. 11) 
 nentions, among the gymnastic teachers, a a(fiai- 
 iKTriKds, or teacher of the various games at ball ; 
 ind it is not improbable that in some cases parti- 
 cular games may have been taught by separate 
 ^persons. 
 
 i The games and exercises which were performed 
 iin the gjnnnasia seem, on the whole, to have been 
 the same throughout Greece. Among the Dorians, 
 however, they were regarded chiefly as institutions 
 for hardening the body and for military training ; 
 among the lonians, and especially the Athenians, 
 .they had an additional and higher object, namely, 
 ito give to the body and its movements grace and 
 
 beauty, and to make it the basis of a healthy and 
 sound mind. But among all the different tribes of 
 the Greeks the exercises which were carried on in 
 a Greek g_\^nnasium were either mere games, or 
 the more important exercises which the gymnasia 
 had in common with the public agones in the great 
 festivals. 
 
 Among the former we may mention, 1. The ball 
 ((r(pa'ipi(rts, (T(l>aipojia-)(ia., inc.), which was in uni- 
 versal favour with the Greeks, and was here, as at 
 Rome, played in a variety of ways, as appears from 
 the words dvoppa^is, eiricKupos, (paivwSa or dpvaa- 
 Tov, &c. (I'lat. Dc Leyg. vii. p. 797; compare 
 Gronov. ad Plant. Carcul. ii. j3. 17, and Becker, 
 Galliis, i. p. 270.) Every gymnasium contained 
 one large room for the purpose of playing at ball in 
 it {^cr<paipiaT-/ipiov). 2. Ilaifeiv iKKvativ'Sa, 5ie\- 
 KvarivSa, or Sid ypafj,fifis, was a game in whicli one 
 boy, holding one end of a rope, tried to pull the 
 boy who held its other end, across a line marked 
 between them on the ground. 3. The top (/8c'/U§7)J, 
 jSe'^iigil, ponSos, (jTpoSiKos), whicli was as common 
 an amusement with Greek boys as in our own 
 days. 4. The 7r€!/T(x\i9os, which was agamewithfive 
 stones, which were thrown up from the upper part 
 of the hand and caught in the palm. 5. '2,Kair4p5a, 
 which was a game in which a rope was drawn 
 through the upper part of a tree or a post. Two 
 boys, one on each side of the post, turning their 
 backs towards one another, took hold of the ends 
 of the rope and tried to pull each other up. This 
 sport was also one of the amusements at the Attic 
 Dionysia. (llesych. s. r.) These few games will 
 suffice to show the character of the gymnastic 
 sports. 
 
 The more important games, such as running 
 (Spofios), thro\\ iiig of the SIctkos and the aVwr, 
 jumping and leaping (aA^ta, -ivith and witliout 
 aATrj/)6s), wrestling (TraArj), boxing [Trvy/x-/i), the 
 pancratium [vayKpaTiov), ireVTaQKos, \aij.T!a^i]^o- 
 p'la, dancing (upxii(!is), i\;c., are described in sepa- 
 rate articles. 
 
 A g3'mnasium was, as Vitruvius observes, not a 
 Roman institution, and Dionysius of Halicarnassus 
 {Aid. Rom. vii. 70 — 72), expressly states that the 
 whole d-yuvi(7TiK'^ of the Romans, though it was 
 practised at an early period in the Ludi Maximi, 
 was introduced among the Romans from Greece. 
 Their attention, however, to developing and 
 strengthening the body by exercises was consider- 
 able, though only for military purposes. The re- 
 gular training of boys in the Greek gymnastics was 
 foreign to Roman manners, and even held in con- 
 tempt. (Plut. Quaest. Pom. 40.) Towards the end 
 of the republic many wealthy Romans who had 
 acquired a taste for Greek manners, used to attach 
 to their villas small places for bodily exercise, 
 sometimes called gymnasia, sometimes palaestrae, 
 and to adorn them with beautiful works of art. 
 (Cic. Ad Alt. i. 4 ; c. Vcrr. iii. 5.) The emperor 
 Nero was the first who built a public gymnasium 
 at Rome (Sueton. iVcr. 12) ; another was erected by 
 Commodus. (Herod, i. 12. 4.) But although these 
 institutions were intended to introduce Greek 
 gymnastics among the Romans, yet they never 
 gained any great importance, as the magnificent 
 thermae, amphitheatres, and other colossal build- 
 ings had always greater charms for the Romans 
 than the gj-mnasia. 
 
 For a fuller account of this important subject, 
 which has been necessarily treated with brevity in 
 
464 
 
 GYMNASIUM. 
 
 GYMNASIUM. 
 
 this article, the reader is referred to Hieronymus 
 Mercuri.ilis, De Arte Oi/mtuisiica, Liiri vi. 1st ed. 
 Venice, 1573, 4th ibid. lUOl ; Burette, Histoire 
 des Athletes, in the Mem. de I'Acad. des Inscript. 
 
 i. 3 ; J. H. Krause, Theuijeiies, oder wissenscluiftlielie 
 Darste.llung der Gymnastik, A(/onistik und Festspude 
 der Hellenen, Halle, 1 035 ; G. Liibker, Dk Gijm- 
 nasilik der Helleneti, Miinster, 1835; Wachsmuth, 
 Hellen. Alterth. ii. 2. p. 51 — 04 ; MUUer, Dur. iv. 
 5. § 4, &c. ; Becker, Galtiis, i. p. 270, &c. ; Cha- 
 rikles, i. p. 309 — 345. The various histories of 
 the education among the ancients, such as those of 
 Hochheinier, Schwarz, Cramer, and others, like- 
 wise contain much useful information on the sub- 
 ject. [L. S.] 
 
 The Relation ofGi/mnastics to the Meilical Art. — 
 The games of the Greeks had an immediate influ- 
 ence upon the art of healinf;, because they consider- 
 ed gymnastics to be almost as necessary for the 
 preservation of health, as medicine is for the cure 
 of diseases. (Hippocrates, De Lock in Homine, tom. 
 
 ii. p. 138. ed. Kiihn ; Tiraaeus Locrensis, De Anima 
 Alundi, p. 564, in Gale's Opusc. Ali/thol.) It was 
 for this reason that the gymnasia were dedicated 
 to Apollo, the god of physicians. (Plut. Si/mp. viii. 
 4. § 4.) The directors of these establishments, as 
 well as the persons employed under their orders, 
 the bathers or aliptae, passed for physicians, and 
 were called so, on account of the skill which long 
 experience had given them. The directors, called 
 ■na\ai(TTpo<pv\aKe$, regulated the diet of the 
 young men brought up in the gymnasia; the 
 sub-directors or G'i/rn7iastae, prescribed for their 
 diseases (Plat. De Lec/. xi. p. !)16); and the inferiors 
 or bathers, alipfcie, iatraiiptae, practised blood- 
 letting, administered clysters, and dressed wounds, 
 ulcers, and fractures. (Plat. De Ley. iv. p. 720 ; 
 Celsus, De Medic, i. 1 ; Plin. H. N. xxix. 2.) 
 Two of these directors, Iccus, of Tarentum, and 
 Herodicus, of Selj-mbria, a town of Thrace, de- 
 deserve particular notice for having contributed to 
 unite more closely medicine and gymnastics. Iccus, 
 who appears to have lived before llerodicus {Olymp. 
 Ixxvii. Stephan. Byzant. s. v. Tapds, p. 693 ; com- 
 pare Pans. vi. 10. § 2), gave his chief attention 
 to correcting the diet of the wrestlers, and to ac- | 
 customing them to gre;iter moderation and abstemi- j 
 ousness, of which virtues he was himself a perfect 
 model. (Plat. De Leff. viii. p. 840 ; Aelian, Var. 1 
 Hist. xi. 3; Id. Hist. Animal, vi. I.) Plato con- 
 siders him, as well as Herodicus, to have been one 
 of the inventors of medical gymnastics. (Plat. 
 Prolagor. % 20. p. 3IG ; Lucian, De Conscrib. Hist. 
 § 35. p. 626.) Herodicus, who is sometimes called 
 Prodicus (Plin. //. A^. xxix. 2) lived at Athens 
 a short time before the Peloponnesian war. Plato 
 says that he was not oidy a sophist (Plat. 
 Protag. I. <■.), but also a master of the gymnasium 
 (Id. Rep. iii. p. 406), and physician (Id. Gorg. 
 § 2. p. 448), and in fact he united in his own 
 person these three qualities. He was troubled, 
 says the same author, with very weak health, 
 and tried if gymnastic exercises would not help 
 to improve it ; and having perfectly succeeded, 
 he imparted his method to others. Before him 
 medical dietetics had been entirely neglected, espe- 
 cially by the Asdepiadae. (Id. Rep. iii. p. 406.) 
 If Plato's account may be taken Hterally (Id. 
 Phuedr. p. 228), he much abused the exercise of 
 gymna-stics, as he reconnnended his patients to 
 walk from Athens to Megani, and to return as 
 
 soon as they had reached the walls of the latter 
 town.* The author of the sixth book De 
 Morh. Vulgar. (Hippocr. Epidem. vi. c. 3. tom. iii. 
 p. 599) agrees with Plato: "Herodicus," says 
 he, " caused people, attacked with fever, to die, 
 from walking and too hard exercise, and many 
 of his patients suffered much from dry rubbing." 
 A short time after we find, says Fuller (Medi- 
 ci?ia Gt/mnustica, &c. Lond. 1718, 8vo),that Hip- 
 pocrates {De Viet. Rat. iii. tom. i. p. 716), with 
 some sort of glory, assumes to himself the ho- 
 nour of bringing that method to a perfection, so 
 as to be able to distinguish Trorepov to aniov 
 KpaTeei rous trovovs, fi ol irovoi to (TiTi'a, t) 
 fifTf/ius e'xE' ""pdy oWr/Aa, as he expresses it. 
 Pursuant to this, we find him in several places of 
 his works recommending several sorts of exercises 
 u])on proper occasions ; as first, friction or chafing, 
 the effects of which he explains {De Vict. Rat. ii. 
 p. 701), and tells us, that as in some cases it will 
 bring down the bloatedness of the solid parts, in 
 others it will incarn and cause an increase of 
 flesh, and make the part thrive. He advises 
 {iljid. p. 700) walking, of which they had two 
 sorts, their round and straight courses. He gives his 
 opinion (^4^V/. p. 701) of the ^ hvaKlvqixara, or pre- 
 paratory exercises, wliich served to warm and fit 
 the wrestlers for the more vehement ones. In 
 some cases, he advises the IlaArJ, or common wrest- 
 ling (i7/«/.),and the 'AfcpoxupiJ), or wrestling by the 
 hands only, without coming close, and also the 
 Kopuxo^axi'i), or the exercise of the Corycus, or 
 the hanging ball (see Antyllus, apud Mercur. de 
 Arte Gymii. p. 123); the 'X.npovofx'n], a sort of dex- 
 terous and regular motion of the hands, and upper 
 parts of the body, something after a military man- 
 ner; the 'AAiVStjitis, or rolling in sand; and once 
 {ibid. p. 700) we find mentioned, with some ap- 
 probation, the "HTreipoi "IirTroi, Kqiii Indefiniti, by 
 which is probably meant galloping long courses in 
 the open field. 
 
 As for Galen, he follows Hippocrates in this, as 
 closely as in other things, and declares his opinion 
 of the benefit of exercises in several places ; his 
 second book " De Sanitate Tuenda," is wliolly 
 upon the use of the strigil, or the advantage of 
 regular chafing : he has written a little tract, 
 ricpi Tou 6ic) Mi/cpds 2(paipas rv/ivaffiou, where- 
 in he recommends an exercise, by wliich the 
 body and mind are both at the same time 
 aflected. In his discourse to Thrasibulus, U6- 
 T€pou 'laTpiKrjs rj TvfxvaffTiKris cVtjto ''iyteivov, 
 he inveighs against the athletic and other 
 violent practices of the gyninasium, but approves 
 of the more moderate exerci.ses, as subservient 
 to the ends of a physician, and consequently 
 part of that art. The other Greek writers 
 express a similar opinion ; and the sense of 
 most of them in this matter is collected in Ori- 
 basius's " Collecta Medicinalia." In those remains 
 which are preserved of the writings of Antyllus, 
 we read of some sorts of exercises that are not 
 mentioned by Galen or any former author ; among 
 
 * " The distance from Athens to Megara was 210 
 stadia, as we learn from Procopius. {Bell. Vand. 
 i. 1.) Dio Chrysostom calls it a day's journey. 
 {Oral, vi.) Modern travellers reckon eight hours. 
 (Dodwell, Class. Tour, ii. p. 177.)" Cramer, Anc. 
 Greece, vol. ii. sect. 1 3. p. 430. 
 
GYMNASIUM. 
 
 HALTERES. 
 
 465 
 
 the rest the Cricilasia, as the translators by mis- 
 ktake call it, instead of Crkoclasia. This, as it had 
 ™ for many ages been disused, Mercurialis himself, 
 who has made the most judicious inquiries into 
 this subject {De Arte Gijmiiudica 4to. Amstel. 
 1C72), does not pretend to explain; and I be- 
 lieve, says Freind (//«^ o/P/ii/sic, vol. i.), though 
 we have the description of it set down in Oribasius 
 (Coll. Medic, vi. 26), it will be hard to form any 
 idea of what it was. 
 
 The ancient physicians relied much on exercise 
 in the cure of the dropsy (compare Hor. Epist. i. 
 ii. 34. " Si noles sanus, curres hydropicus"), 
 whereas we ahnost totally neglect it. (Alexander 
 Trallianus, De Medic, ix. 3. p. 524. ed. Basil.) 
 Hippocrates {De luteruis Ajf'eclion. sect. 28. torn, 
 ii. p. 51 ii) prescribes for one that has a dropsy 
 TaAoiTTcopiizi, or fatitiuinq exercises, and he makes 
 use of the same word in his Epidemics, and almost 
 always when he speaks of the regimen of a dropsi- 
 cal person, implying, that though it be a labour 
 for such people to move, yet they must undergo 
 it ; and this is so much the sense of Hippocrates, 
 that Spon has collected it into one of the new Apho- 
 risms, which he has drawn out of liis works. Celsus 
 says of this case (De Medic, iii. 21. p. 152. ed. Ar- 
 gent.), " Concutiendum multa gestatione corpus est." 
 The Romans placed great reliance upon exercise 
 for the cure of diseases ; and Asclepiades, who 
 hved in the time of Pompey the Great, brought 
 this mode of treatment into great request. He 
 called exercises ike common aids of physic, and 
 wrote a treatise on the subject, which is mentioned 
 by Celsus in his chapter '* De Frictione " (De 
 Medic, ii. 1 4. p. fi2), but the book is lost. He carried 
 these notions so far, that he invented the Lecti 
 Pensilcs (VVm. H. N. xxvi. 8) or hanging beds, 
 that the sick might be rocked to sleep ; which took 
 so much at that time, that they came afterwards to be 
 made of silver, and were a great part of the luxury 
 of that people ; he had so many particular ways to 
 make physic agreeable, and was so exquisite in the 
 invention of exercises to supply the place of medi- 
 cine, that perhaps no man in any age ever had the 
 happiness to obtain so general an applause ; and 
 Pliny says (ibid. c. 7) by these means he made him- 
 self the delight of mankind. About his time tlie Ro- 
 man physicians sent their consumptive patients to 
 Alexandria, and with very good success, as we find 
 by both the Plinys ; this was done partly for the 
 change of air, but chiefly for the sake of the exer- 
 cise by the motion of the ship ; and therefore Celsus 
 says (Do Medic, iii. 22. p. 1 56), " Si vera Phthisis 
 est, opus est longa navigatione ;" and a little after 
 he makes Vehiculum and Navis to be two of the 
 chief remedies. As for the other more common 
 exercises, they were daily practised, as is manifest 
 fi'om Celsus, Caelius Aurelianus, Theodorus Prisci- 
 aims, and the rest of the Latin physicians. And we 
 do not want instances of cures wrought by these 
 means. Suetonius (Calig. c. 3) tells us that Ger- 
 manicus was cured of a " cruram gracilitas," as he 
 expresses it (by which he probably means a« yliro- 
 phy), by riding ; and Plutarch, in his life of Cicero, 
 gives us an account of his weakness, and that he re- 
 covered his health by travelling, and excessive dili- 
 gence in rubbing and chafing his body. (Compare 
 Cic. Brat. c. 91.) Pliny (//. N. xxxi. 33) teUs 
 us Annaeus GalUo, who had been consul, was cured 
 of a consumption by a sea voyage ; and Galen gives 
 us such accounts of the good effects of particular 
 
 exercises, and they were practised so universally 
 hy aU classes, that it cannot be supposed but they 
 must have been able to produce great and good 
 eifects. However, from an attentive perusal of 
 what we find on this subject in the classical au- 
 thors, the reader can hardly fail of being convinced 
 that the ancients esteemed gymnastics too highly, 
 just as the modems too much neglect them ; and 
 that in this, as in many other matters, both in 
 medicine and philosophy, truth lies between the 
 two extremes. [W. A. G.] 
 
 H. Aspirate. 
 
 HABE'NAE (rivia.) were, generally speaking, 
 leathern thongs, by means of which things were 
 held and managed. Hence the word was in par- 
 ticular applied — 1. To the reins by means of which 
 horses were guided and managed. (Virg. Aen. x. 
 576 ; xi. 67<l. 765 ; xii. 327.) The habenae were, 
 as with us, fixed to the bit or bridle (fraeiium). 
 2. To the thongs attached to a lance, by which it 
 was held and wielded. (Lucan. vi. 221.) [Com- 
 pare Amentum.] 3. To the thong which was 
 formed into a sling, by means of which stones were 
 thrown. (Lucan. iii. 710 ; Valer. Flacc. v. (iO!).) 
 [FuNDA.] 4. To thongs by means of which the 
 sandals were fastened to the feet. (Gellius, xiii. 
 21. 4.) From this passage it is also clear that the 
 habenae in this case were not always made of 
 leather, but of strings or chords, whence Gellius 
 calls them teretes hihenue. 5. To the thougs form- 
 ed into a scourge with which young slaves were 
 chastised. (Herat. Epist. ii. 2. i5.) The commen- 
 tators on tliis passage, indeed, differ about the 
 meaning of habenae ; but if we consider the ex- 
 pressions of Ulpian (Dig. 29. tit. 5. s. 33), im- 
 puberes servi terreri tantum soletit, ct lialiena rcl 
 ferula caedi, it is clear that the habena is the 
 scourge itself. (Compare Ovid, Heroid. ix. 81 ; 
 Virg. ylc».vii. 380.) [L.S.J 
 
 HAERES. [Heres.] 
 
 'AArTA. ['AAn~A.] 
 
 HALTE'RES (aAT%6s) were certain masses 
 of stone or metal, which were used in the gymnastic 
 exercises of the Greeks and Romans. Persons who 
 practised leaping frequently perfomied their exer- 
 cises with halteres in both hands ; but they were 
 also frequently used merely to exercise the body 
 in somewhat the same manner as our dumb-bells. 
 (Martial, xiv. 49, vii. Ixvii. 6 ; Pollux, iii. 155, x. 
 64; (jravcs massae, Juv. vii. 421 ; Scnec. Ep. IS. 
 
 2 H 
 
4fiG HARMOSTAE. 
 
 5G.) Paiisanias (v. 21). § 3. v. 27. § 8, vi. 3. § 4) 
 
 speaks of certain statues of athletes who were re- 
 presented with halteres. They appear to have 
 been made of various forms and sizes. The ))re- 
 ceding woodcut is taken from Tassie, Caiah(/uc, 
 &c. pi. 46, No. 7978. (See Mercurialis, De Ai te 
 Gymnastka, ii. 12 ; Becker, Gallus, i. p. 277.) 
 
 HAMA. [Batillus.] 
 
 "AMAHA. [Harmamaxa ; Pi.austhum.] 
 
 "APMA. [Cl'RRUS ; H ARMAM AXA.] 
 
 HAKMAMAXA (dp^ta/to|a) is evidently com- 
 pounded of apfia, a general term, including not 
 only the Latin Ci'Rrus, lint other descriptions of 
 carriages for persons ; and o^aja, which meant a 
 cart, having commonly four wheels, and used to 
 carry loads or burthens as well as persons. (lies. 
 Op. ct DicK,G92; Horn. II. vii. 426 ; xxiv. 7«2.) 
 The harmamaxa was a carriage iay persons, in its 
 construction very similar to the Cartentum, being 
 covered overhead and inclosed with curtains (I)iod. 
 Sic. xi. 5C ; Charito, v. 2), so as to be used at night 
 as well as by day (Xen. Ct/rop, iv. 2. § 15); but 
 it was in general larger, often drawn by four horses, 
 or other suitable quadrupeds, and attired with 
 ornaments more sjilendid, luxurious, and expen- 
 sive, and in the Oriental style. (Diod. Sic. xvii. 
 3.5 ; Aristoph. Aclmr. 70.) It occupied among the 
 Persians (Max. Tyr. 34) the same place which the 
 carpentura did among the Romans, being used, 
 especially upon state occasions, for the conveyance 
 of women and children, of eunuchs, and of the sons 
 of the king with their tutors. (Ilerod. vii. 83; ix. 
 7() ; Xen. Ci/rop, iii. 1. § 4 ; iv. 3. g 1 ; vi. 3. § 11 ; 
 Q. Curt. iii. 3. § 23.) Also, as persons might lie 
 in it at length, and it was made as commodious as 
 possible, it was used by the kings of Persia, and 
 by men of high rank in travelling by night, or in 
 any other circumstances when they wished to con- 
 sult their ease and their pleasure. (Herod, vii. 41 ; 
 Xen. Cyrop. iii. 1. 40.) 
 
 The body of Alexander the Oreat was trans- 
 ported from Babylon to Alexandria in a magnifi- 
 cent harmamaxa, the constniction of which occupied 
 two years, and the description of which, with its 
 paintings and oniaments in gold, silver, and ivory, 
 employed tlie pen of more than one historian. 
 (Diod. Sic. xviii. 26 — 28; Athen. v. 40; Aelian, 
 V. H. xii. 64.) 
 
 The harmamaxa was occasionally used by the 
 ladies of Greece. A priestess of Diana is repre- 
 sented as riding in one which is drawn by two 
 white cows. (Heliod. Aeth. iii. p. 133. ed. Com- 
 melini.) [J. Y.] 
 
 HARMOSTAE (from dp;urff«, to fit or join to- 
 gether) was the name of the governors whom the 
 Lacedaemonians, after the Peloponncsian war, sent 
 into their subject or conquered towns, partly to 
 keep them in submission, and partly to abolish the 
 democratical foirn of government, and establish in 
 its stead one similar to their own. (Diodor. Sic. 
 xiv. 1 0 ; Xen. Ilcllcn. iv. 2. § 5 ; Isocrat. Paiieg. 
 p. 92; Suidas, llesych. s. v.; Etyrool. Mag. s. r. 
 'Eiri'trrae/ioi.) Although in many cases they were 
 ostensibly sent for the purpose of abolishing the 
 tj'ninnical government of a town, and to restore 
 the people to freedom, yet they themselves acted 
 like kings or tyrants, whence Dionysius (Aiitirj. 
 Rum. v. p. 337. Sylburg) thinks that hannostae 
 was merely another name for kings. How little 
 sincere the Lacedaemonians were in their profes- 
 sions to restore their subject towns to freedom was 
 
 HARPASTUM. 
 
 manifest after the peace of Antalcidas ; for although 
 they had jiledged themselves to re-establish free 
 govenmients in the various towns, j'et they left 
 them in the hands of the haraiostae. (Polyb. iv. 
 27.) The character of their rule is sufficiently de- 
 scribed by the word /carexen', which Isocrates {l.r.) 
 and Demosthenes {^Dc Coron. p. 2h8) use in speak- 
 ing of tlie harmostae. (Compare Demosth. c. Timo- 
 crut. p. 740 ; Pint. Narmt. Amul. c. 3.) Even 
 Xeniiphon (l)e Rep. Lite. c. 14) could not help cen- 
 suring the Lacedaemonians fen- the manner in wiiich 
 they allowed their hannostae to govern. 
 
 It is unc<'rtain how long the office of an har- 
 mostes lasted ; but considering that a governor of 
 the same kind, who was appointed by the Lacedae- 
 monians in Cythcra, with the title of Cytherodices, 
 held his office only fcu' one year (Thucyd. iv. .')3) 
 it is not improbable that the office of hannostes was 
 of the same duration. [L. S.] 
 
 'APnArH"2 rPA*H'. This action seems, ac- 
 cording to Lucian (,/«</. Voc. c. 1. vol. i. p. 82. ed. 
 Hemsterh.), to have been applicable to cases of 
 open robbery, attended with violence. Under these 
 circinnstances the offi-nders would be incliuled in 
 the class of KUKnOpyot, and as such be tried before 
 a coiu't mider the control and management of the 
 Eleven. With respect to tlie punishment upon 
 conviction, we have no certain infonnation, but 
 there seems no reason to doubt that it was capital, 
 as in cases of burglary and stealing from the ]ier- 
 son. (Xen. Mem. i. 2."§ 62.) [.I. S. M.] 
 
 HA'RPAGO (dpirdyri : \vkos: Kp^dypa, dim. 
 Kpedypis), a grap])liiig-iron, a drag, a tlesh-liook. 
 (/?■)■. xxvii. 3; 1 .b'aw. ii. 13, 14. Sept.; Aristoph. 
 Vcsp. 1152 ; Anaxippus, ap. Athen. iv. 68.) 
 
 The iron-fingered flesh-hook [Kpedypa mSripo- 
 SoKTuAos, Brunek, A /hi/, ii. 215) is described by 
 the Scholiast on Aristophanes {E'juH. 769), as 
 " an instniment used in cookery, resembling a hand 
 with the fingers bent inwards, used to take boiled 
 meat out of the caldron." Four specimens of it, 
 in bronze, are in the British Museum. One of 
 them is here represented. Into its hollow extre- 
 mity a wooden handle was inserted. 
 
 A similar instrument, or even the flesh-hook it- 
 self (Aristoph. Rcdi's. 994) was used to draw up 
 a pail, or to recover any tiling which liad fallen 
 into a well. (Hes3'chius, s. vv. 'Apirdyr), Kpedypa, 
 AvKOS.) 
 
 In war the grappling-iron, thrown at an enemy's 
 ship, siiized the rigging, and was then used to drag 
 the ship within reach, so that it might be easily 
 boarded or destroyed. ("ApTra|, Athen. vi. 43.) 
 These instruments, aptly called " iron hands " 
 (/errcae manus, Q. Curt. iv. 9 ; Dion Cass. xlix. 
 3 ; 1. 32. 34), were eniploj'ed by the Consul Dui- 
 lius against the Carthaginians ( Flor. ii. 2 ; Front. 
 SiniUii/. ii. 3. 24), and were said to have been in- 
 vented by Pericles. (Plin. //. N. vii. 57.) [J. Y.] 
 
 HARPASTUM [dpTvamov from apvd^ui) was 
 a ball, used in a game of which we have no accu- 
 rate account ; but it appears both fi'uni the etymo- 
 
HARUSPICES. 
 
 HASTA. 
 
 4fi7 
 
 I logy of the word and the statement of Galen {Uepl 
 i fUKpdi 2<patpas, c. "2. p. .002. ed. K'lihn), that a l)all 
 ' was thrown among the players, each of whom en- 
 deavoured to obtain possession of it. Hence Mar- 
 tial (iv. xix. 6) speaks of the harpaMa pulrcruleiita. 
 The game required a great deal of bodily exertion. 
 (Martial, vii. Ixvii. 4 ; compare xiv. 4!!.) See 
 Becker, Gatlus, i. p. 276. 
 
 HARU'SPICES, or ARU'SPICES, were 
 soothsayers or diviners, who interpreted the will 
 of the gods. They originally came to Rome from 
 Etruria, whence haruspices were often sent for by 
 the Romans on important occasions. (Liv. xxvii. 
 .37 ; Cic. Cat. iii. 8 ; da Div. ii. 4.) The art of 
 the haruspices resembled in many respects tliat of 
 the augurs ; but they never acquired that political 
 impnrtjince which the latter possessed, and were 
 regarded rather as means for ascertaining the will 
 of the gods than as possessing any religious autho- 
 rity. They did not in fact form any part of the 
 ecclesiastical polity of the Roman state during the 
 republic ; they are never called sacerdotcs, thej' 
 did not form a collegium, and had no magister at 
 their head. The account of Uionysius (ii. 22), 
 that the haruspices v/ere instituted by Romulus, 
 and that one was chosen from each tribe, is op- 
 posed to all the other authorities, and is manifestly 
 incoi-rect. In the time of the emperors we read of 
 a collegium or ordo of sixty haruspices (Tacit. 
 Aim. xi. 15 ; Orelli, Inscr.i. p. 39.')) ; but the time 
 of its institution is uncertain. It has been sup- 
 posed that such a collegium existed in the time of 
 Cicero, since he speaks of a summits mmjister (ile 
 Din. ii. 24) ; but by this we are probably to un- 
 derstand not a vwrjister collei/ii, but merely the 
 most eminent of the haruspices at the time. 
 
 The art of the haruspices, which was called 
 JMriispiciiia, consisted in explaining and interpret- 
 ing the will of the gods from the appearance of the 
 entrails (crfa) of animals offered in sacrifice, whence 
 they are sometimes called cithijnces, and their art 
 eatispicmm (Cic. de Div. ii. 11 ; Suet. Ncr. 56); 
 and also from lightning, earthquakes, and all 
 extraordinarj' phenomena in nature, to which the 
 general name of portenta was given. (Valer. Max. 
 i. 1. § 1.) Their art is said to have been invented 
 by the Etruscan Tages (Cic. de Div. ii. 23; Festus, 
 s.v. Tapes), and was contained in certain books 
 called lihri /mritspicini, ficlf/nrales, and tmitruaUs. 
 (Cic. dc Div. i. 33 ; compare Macrob. Saturn, iii. 
 
 This art was considered by the Romans so im- 
 portant at one time, that the senate decreed that a 
 certain number of young Etrascans, belonging to 
 the principal families in the state, should always 
 be instnicted in it. (Cic. de Dir. i. 41.) Niebuhr 
 appears to be mistaken in supposing the passage in 
 Cicero to refer to the children of Roman families. 
 (See Orelli, ad loc.) The senate sometimes con- 
 sulted the haruspices (Cic. de Die. i. 43 ; ii. 35 ; 
 Liv. xxvii. 37), as did also private persons. (Cic. 
 de Div. ii. 29.) In later times, however, their art 
 fell into disrepute among well-educated Romans ; 
 and Cicero {de Dir. ii. 24) relates a saying of 
 Cato, that he wondered that one haruspex did not 
 laugh when he saw another. The Emperor Clau- 
 dius attempted to revive the study of the art, 
 which had then become neglected ; and the senate, 
 under his directions, passed a decree that the 
 pontifices should examine what parts of it should 
 be retained and established (Tacit. Ann. xi. 15) ; 
 
 but we do not know what effect this decree pro- 
 duced. 
 
 The name of haruspex is sometimes applied to 
 any kind of soothsayer or prophet (Prop. nr. xiii. 
 59); whence Juvenal (\-i. 550) speaks of Arme- 
 iiius vel (^ommaffemts //aruspe.r. 
 
 The latter part of the word haruspex contains 
 the root spec; and Donatus (ad Ter. Plmrm. iv. 
 iv. 28) derives the former part from haruc/a, a 
 victim. Compare Festus, s.v. Harviya, and Varro, 
 De Ling. Lat. v. 98. ed. Miiller. 
 
 (Gottling, Ge^eh. der Rom. Staatsv. p. 213 ; 
 Walter, Geseli. des Rom. Reehts, p. 184 ; Bris- 
 sonius, De Formulis, i. 29, &c.) 
 
 HASTA (e7Xos), a spear. The spear is de- 
 fined by Homer, i6pv xa^f^pfr, " a pole fitted 
 with bronze " {II. vi. 3), and 56pv xoAKogapes, 
 "a pole heavy with bronze " {Oil. xi. 531). The 
 bronze, for which iron was afterwards substituted, 
 was indispensable to form the point (aix/urj, aKUKri, 
 Homer ; \6yxn, Xenophon ; aeies, enspis, spicu- 
 lum, Ovid, iMet. viii. 375) of the spear. Each of 
 these two essential parts is often put for the whole, 
 so that a spear is called S6pv and Sopdrioi/, alxp-Vt 
 and Koyxn. Even the more especial term fteAt'a, 
 meaning an ash-tree, is used in the same manner, 
 because the pole of the spear was often the stem of a 
 young ash, stript of its bark and polished. {II. xix. 
 390; XX. 277 ; xxii. 328; O^/. xxii. 259 ; Plin. 
 H. N. xvi. 24 ; Ovid, Met. xii. 369.) In like 
 manner the spear is designated by the term Ko^ia| 
 (Aesch. Aei. 65 ; Eurip. Hec. 1155 ; Phoen. 1421 ; 
 Brunck, Anal. i. 191. 226 ; Ant. Sid. 34), meaning 
 properly the strong tall reed of the south of Europe, 
 which served both for spears and for various other 
 uses. (Hes. Scut. 298; Schol. in loc.; Xen. De Re 
 Etpicst. xii. 12.) 
 
 The bottom of the spear was often inclosed in 
 a pointed cap of bronze, called by the Ionic writers 
 a-aupuTfjp (Horn. //. x. 153; Herod, vii. 40, 41 ; 
 also Polyb. vi. 23), and ovpiaxos {II. xiii. 443; 
 xvi. 612; xvii. 528), and in Attic or common Greek 
 o-Tupa|. (Xen. Hellen. vi. 2. 19; Athen. xii. 8; 
 aTvpaKiov, Thucyd. ii. 4; Aen. Tact. 18.) By 
 forcing this into the ground the spear was fixed 
 erect. (Virg. Aen. xii. 130.) Many of the lancers 
 {Sopvcfiipoi, aixf-o<p6poi, \oyxo<p6pot, woodcut, p. 
 193), who accompanied the king of Persia, had, in- 
 stead of this spike at the bottom of their spears, 
 an apple or a pomegranate, either gilt or silvered. 
 (Herod. ; Athen. ; U. cc.) With this, or a similar 
 ornament, the spear is often terminated both on 
 Persian and Egj'ptian moniunents. Fig. 1 in the 
 annexed woodcut shows the top and bottom of a 
 spear, which is held by one of the king's guards in 
 the sculptures at Persepolis. (Sir R. K. Porter's 
 Travels, vol. i. p. 601.) It may be compared with 
 those in the hand of the Greek warrior at p. 84, 
 which have the spike at the bottom. The spike at 
 the bottom of the spear was used in fighting by 
 the Circeks and Romans, when the head was 
 broken off. (Polyb. vi. 25.) 
 
 A well-finished spear was kept in a case {Sopa- 
 ToBriKTj), which, on account of its form, is called 
 by Homer a pipe {crvpiy^, II. xix. 387). 
 
 The spear was used as a weapon of attack in 
 three different ways : — 1. It was thrown from cata- 
 pults and other engines [Tormextum]. 2. It was 
 thrust forward as a pike. In this manner Achilles 
 killed Hector by piercing him with his spear 
 through the neck. {II. xxii. 326.) The Euboeans 
 
468 
 
 HASTA. 
 
 HASTA. 
 
 2 S L S 
 
 were particularly celebrated as pikemen. (Horn. 
 //. ii. 543 ; Strabo, x. 1. 12, 13.) 3. It was com- 
 monly thrown by the hand [aKovrta-ai ixaKp6Qev, 
 Arrian, Tad.). The warrior, preparing to hurl it, 
 raised his hand to his right ear. (Ovid, Aid. ii. 
 311. Compare woodcut, p. "224.) He sometimes 
 derived assistance from the use of the Amentum 
 or the Ansa. He generally went to the field with 
 two spears. (Hom. II. iii. 18; x. 76; xii. 298; 
 Find. Pyth. iv. 139; Polyb. vi. 21 ; woodcuts, p. 
 84. 209. 308.) On approaching the enemy he first 
 threw either one speai- or both, and then on coming 
 to close quarters drew his sword. (Horn. II. iii. 
 340 ; xvii. 530 ; xx. 273—284 ; Theocrit. Idyll. 
 xxii. 187 — 191 ; pila cotijecerunt — gladiis yeri res 
 cocjita est, Liv. xxviii. 1.) 
 
 Under the general terms liasta and eyxo^ were 
 included various kinds of missiles, of which the 
 principal were as follow : — ■ 
 
 Luncea (^iyxv, Festus, s. t>. Lancea), the lance, 
 a comparatively slender spear commonly used by 
 the Greeks. Iphicrates, who doubled the length 
 of the sword [Gladius], also added greatly to the 
 dimensions of the lance. (Diod. Sic. xv. 44 ; Nep. 
 xi. 1. 3.) This weapon was used by the Grecian 
 horsemen (Polyb. vi. 23) ; and by means of an 
 appendage to it, which is supposed by Stuart {Ant. 
 of Athens, v. iii. p. 47 ; woodcut, fig. 2) to be ex- 
 hibited on the shafts of three spears in an ancient 
 bas-relief, they mounted their horses with greater 
 facility. (Xen. De Re Eqaest. vii. xii.) The lance, 
 on account of its length and its lightness, was 
 carried hy huntsmen. (Apul. Met. viii.) 
 
 Pilum (vct(t6s), the javelin, much thicker and 
 stronger than the Grecian lance (Flor. ii. 7), as 
 may be seen on comparing the woodcuts at p. 84 
 and 85. Its shaft, often made of cornel (Virg. 
 Aen. ix. 698 ; Ovid, Met. viii. 408), was partly 
 square, and 54 feet long. (Veget. ii. 15.) The 
 head, nine inches long, was of iron, and is there- 
 fore now found only in the state described by ^'ir- 
 gil, " exesa scabra robigine pila." (Oeoiy. iv.4y5.) 
 It was used either to throw or to thrust with ; it 
 was peculiar to the Romans, and gave the name of 
 pilani (p. 95) to the division of the anny by which 
 it was adopted. (Strabo, /. c. ; piliitiim aymen, Virg. 
 Aen. xii. 121. 130; vii. 664; Serv. in loc; Hor. 
 
 Sat. ii. 1.13; Caes. B. G. i. 52.) When Marius 
 fought against the Cimbri, he ordered that of the 
 two nails or pins (Trepo'cai) by which the head was 
 fastened to the staff, one should be of iron and the 
 other of wood. The consequence was, that, when 
 the pilum struck the shields of the enemy, the 
 trenail gave way, and the shaft was turned on one 
 side, so that the spear could not be sent back 
 again. (Plutarch, Marius.) 
 
 Whilst the heavy-armed Roman soldiers bore 
 the long lance and the thick and ponderous javelin, 
 the light-armed used smaller missiles, which, 
 though of different kinds, were included under the 
 general term liastae velitares (Liv. xxxviii. 20 ; 
 Plin. //. A'', xxviii. 6). From yp6a<pos, the cor- 
 responding Greek teiTn (Polyb. i. 40 ; Strabo, iv. 
 4. 3), the velites, or light-armed, are called by 
 Pol3'bius ypovipoixaxoi (vi. 19, 20). According to 
 his description the yp6a(pos was a dart, with a 
 shaft about three feet long and an inch in thick- 
 ness : the iron head was a span long, and so thin 
 and acuminated as to be bent by striking against 
 any thing, and thus rendered unfit to be sent back 
 against the enemy. Fig. 3, in the preceding wood- 
 cut, shows one which was found, with nearly four 
 hundred others, in a Roman entrenchment at 
 Meon Hill, in Gloucestershire. (Skelton's Enr/raved 
 Illustrations, vol. i. pi. 45.) 
 
 The light infantry of the Roman army used a 
 similar weapon, called a spit (veru, verulum, Liv. 
 xxi. 55 ; uavviov, Diod. Sic. xiv. 27 ; Festus, s. v. 
 Samnites). It was adopted by them from the 
 Samnites (Virg. Aen. vii. 665), and the Volsci 
 {Georg. ii. 168). Its shaft was 3 J feet long, its 
 point five inches. (Veget. ii. 15.) Fig. 4, in the 
 preceding woodcut, represents the head of a dart 
 in the Royal Collection at Naples ; it may be taken 
 as a specimen of the rcrutum, and may be con- 
 trasted with fig. 5, which is the head of a lance in 
 the same collection. The Romans adopted in like 
 manner the Gaesum, which was properly a Celtic 
 weapon (Liv. xxviii. 45) ; it was given as a reward 
 to any soldier who wounded an enemy. (Polyb. 
 vi. 37.) SfKtrus is evidently the same word with 
 the English spar and spear. It was the rudest 
 missile of the whole class, and only used when 
 better could not be obtained. (Virg. Aen. xi. 682 ; 
 Serv. in loc. ; Nepos, xv. 9. I ; Sallust, Cat. 56 ; 
 GeU. X. 25.) 
 
 Besides the terms jaculum and spiculum {aKuv, 
 aKovTiov), which probably denoted darts, resem- 
 bling in form the lance and javelin, but much 
 smaller, adapted consequently to the light-armed 
 (jaculaiores), and used in himting as well as in 
 battle (Thucyd. ii. 4 ; Virg. Aen. ix. 52 ; Serv. in 
 loc.; Ovid, Met. viii. 411 ; Cic. ad Fam. v. 12 ; 
 Flor. ii. 7; Apul. Met. viii.), we find in classical 
 authors the names of various other spears, which 
 were characteristic of particular nations. Thus, 
 Servius states [in Aen. vii. 664), that, as the 
 p}ilum was proper to the Romans, and the gaesum 
 to the Gauls, so the sarissa was the spear peculiar 
 to the Macedonians. This was used both to throw 
 and as a pike. (Strabo, 1. c.) It exceeded in length 
 all other missiles. (See p. 92.) It was made of 
 cornel, the tall dense stem of which also served to 
 make spears of other kinds. (Theoph. //. P. iii. 
 12. 2; adp€iaa, Arrian, Tad.; Kpaviiva, Xen. de 
 Re E'lmst. xii. 12.) The Thracian romphea, \v\riiAi 
 had a very long point, like the blade of a sword 
 (Val. Flac. vi. 98 ; rumpia, GeU. I. c. ; pop.- 
 
'EIPrMOT rPA^-H'. 
 
 HELLENOTAMIAE. 
 
 469 
 
 <poi'a, Apoc. i. IG), was probably not unlike the 
 sarissa ; since Livy asserts (xxxi. 39), that in a 
 country partly covered with wood the Macedonian 
 phalanx was ineffective on account of their priic- 
 lonyac huxtav, and that the roniphaea of the Tlira- 
 cians was a hindrance for the same reason. With 
 tliese weapons we may also class the Illyrian 
 sibiiia, which resembled a hunting-pole. (Festus, 
 .V.?'.; (TiSvviov, Polyb. vi. 21; sibon, Gell. c; 
 Ant. Sid. 13.) 
 
 The iron head of the German spear, called 
 framed, was short and narrow, but very sharp. 
 The Germans used it with great effect either as 
 a lance or a pike : they gave to each youth a 
 franiea and a shield on coming of age. (Tacit. Germ. 
 C. 13. 18. 24; Juv. xiii. 79.) The Falarica or 
 Plialarica was the spear of the Saguntines, and was 
 impelled by the aid of twisted ropes : it was large 
 and ponderous, having a head of iron a cubit in 
 length, and a ball of lead at its other end ; it some- 
 times carried flaming pitch and tow. (Liv. xxi. 8; 
 xxxiv. 1 8 ; Virg. Acn. ix. 70() ; Lucan, vi. 1 98 ; Sil. 
 Ital. i. 3.')1 ; Gell. /. c; Isid. Oriy. xviii. 7 ; Grat. 
 I'alisc. Ci/iKy. 342.) The nialara and traijula were 
 chiefly used in Gaul and Spain : the tragula was 
 probably barbed, as it required to be cut out of the 
 wound. (Plant. Cas. ii. 4. 18 ; lipid, v. 2. 2,5; 
 Pseud, i. 4. 24 ; Caes. B. G. i. 2(j ; v. 35 ; Gell. 
 /. c.) The AcLis and Cateia were much smaller 
 missiles. 
 
 Among the decorations which the Roman gene- 
 rals bestowed on their soldiers, more especially for 
 saving the life of a fellow-citizen, was a spear 
 without a head, called liasta pura. (Virg. Aen. vi. 
 /()0; Serv. in hic; Festus, s. v. Ilctsta; Sueton. 
 C/aiuL 28 ; Tacit. Ami. iii. 21.) The gift of it is 
 sometimes recorded in funereal inscriptions. 
 
 Tlie celiharis liasta (.Festus, s. v.), having been 
 fixed into the body of a gladiator lying dead on 
 the arena, was used at marriages to part the hair 
 of the bride. (Ovid, Fast. ii. 5(j'0.) 
 
 A sjicar was erected at auctions [AucTio], and 
 when tenders were received for public offices [luea- 
 lioiies). It served both to announce, by a conven- 
 tional sign conspicuous at a distance, that a sale 
 was going on, and to show that it was conducted 
 under the authority of the pubKc functionaries. 
 (Cic. Uffic. ii. 8; Nepos, Attic. 6; Festus, s. v. 
 Husta.) Hence an auction was called iiusta, and 
 an auction room Imstarium. (TertulL Apol. 13.) 
 It was also the practice to set up a spear in the 
 court of the Centumviri. 
 
 The throwing of spears was one of the gjTn- 
 nastic exercises of the Romans. (Plant. Bace. iii. 
 3. 24 ; Most. i. 2. 73.) [J. Y.] 
 
 • HASTA'TI. [Army (Roman), p. 95.] 
 
 HKCATOMBAEON. [Calendar (Greek)]. 
 
 'EKATO'MBAIA. [Heraea.] 
 
 IIECTICI ('Ektikoi), another name for the 
 medical sect of the Episynthetici, as we learn from 
 Galen {Definit. Med. c. 14. torn. 19. p. 353. ed. 
 Kiihn), who says that " Agcthinus the Lacedae- 
 monian was the founder of a sect which he named 
 ZmiTvvBfriic/i, and which some called 'EKkeKTiKTi, 
 and others 'Ektikj;." For their opinions (as far 
 as they are known) see Episynthetici. 
 "EANA. [Dos (Greek).] 
 
 'HrEMONI'A AIKA2THPI'OT. ['EISAm- 
 rEr2.] 
 
 'EIPrMOT rPA^H'. This was an action for 
 false imprisonment of a free citizen or stranger, and 
 
 keeping such person in private custody. There 
 are no orations upon this subject extant, nor 
 indeed any direct allusions to it by name ; but it 
 is hinted at as a remedy that might have been 
 adopted by Agatharchus, the painter, for the re- 
 straint put upon his personal liberty by Alcibiades 
 (Andoc. c. Ale. p. 119) ; and in a passage of Din- 
 archus (c. Vein. 17), where a miller is mentioned 
 to have incurred capital punishment for a like 
 ofi"ence. The thesmothetae probably presided in 
 the court before which offenders of this kind wore 
 brought to trial. (Meier, Att. Broc. 332.) [J.S.M.] 
 HELE'POLIS (6A.67roA.is). When Demetrius 
 Poliorcetes besieged Salamis, in Cyprus, he caused 
 a machine to be constructed, which he called " the 
 taker of cities." Its form was that of a square 
 tower, each side being 90 cubits high and 45 wide. 
 It rested on four wheels, each eight cubits high. 
 It was divided into nirie stories, the lower of 
 which contained machines for throwing great 
 stones, the niitUlle large catapults for throwing 
 spears, and the highest, other machines for throwing 
 smaller stones, together with smaller catapults. 
 It was manned with 200 soldiers, besides those 
 who moved it by pushing the parallel beams at the 
 bottom. (Died. Sic. xx. 48.) 
 
 At the siege of Rhodes, 30G B. c, Demetrius 
 employed an helepolis of still greater dimensi(ms 
 and more complicated construction. Besides wheels 
 it had castors (dfTiarpfirTa), so as to admit of 
 being moved laterally as well as directly. Its 
 form was pyramidal. The three sides which were 
 exposed to attack, were rendered tire-proof by 
 being covered with iron plates. In front each 
 story liad port-holes, which were adapted to the 
 several kinds of missiles, and were furnished with 
 shutters that could be opened or closed at pleasure, 
 and were made of skins stuffed with wool. Each 
 story had two broad flights of steps, one for ascend- 
 ing, the other for descending. (Diod. Sic. 20. 91 ; 
 compare V'itruv. x. 22.) This helepolis was con- 
 stnicted by Epimachus the Athenian ; and a much 
 esteemed description of it was written by Dioclides 
 of Abdera. ( Athen. v. 40.) It was no doubt the 
 greatest and most remarkable engine of the kind 
 that was ever erected. In subsequent ages we 
 find the name of " helepolis " applied to moving 
 towers which carried battering-rams, as well as 
 machines for throwing spears and stones. (Amm. 
 MarceU. xxiii. : Agathias, i. 18. p. 30. ed. Ven. ; 
 Nicet. Chon. Jo. Coimnems, p. 14. B.) Towers 
 of this description were used to destroy the walls 
 of Jerusalem, when it was taken by the Romans. 
 (Jos. B. J. ii. 19 § 9 ; iii. 6. g 2.) [Aries ; Tor- 
 
 MENTUJI.] [J. Y.] 
 
 HELIAEA. [AIKASTH'PION.] 
 HELIOCAMl'NUS. [Hocse.] 
 HELLAN0'DICAE('E\AaTO8i'/coi), the judges 
 in the Olympic games, of whom an account is 
 given under Olympic Games. The same name 
 was also given to the judges or court-martial in 
 the Lacedaemonian army (Xen. Rep. Lac. xiii. 
 11); and they were probably first called bj' this 
 name when Sparta was at the head of the Greek 
 confederacy. 
 
 HELLENOTA'MIAE ('EAArjvoTo/^fai), or 
 treasurers of the Greeks, were magistrates ap- 
 pointed bj- the Athenians to receive the contribu- 
 tions of the allied states. They were first appoint- 
 ed B. c. 477, when Athens, in consequence of the 
 conduct of Pausanias, had obtained the command 
 
470 
 
 HELOTES. 
 
 HELOTES. 
 
 of the allied states. The money paid by the dif- 
 ferent states, which was originaDy fixed at 460 
 talents, was deposited in Delos, which was the 
 place of meeting for the discussion of all common 
 interests ; and there can be no doubt that the 
 hellenotamiae not only received, but were also the 
 guardians of these monies, which are called by 
 Xenophon(</e Fcc<«/. v.5) 'EAArji-oTa/iia. (Thucyd. 
 i. 96 ; Plut. Aristid. 24 ; Andoc. de Pwx, p. 107.) 
 The office was retained after the treasury was 
 transferred to Athens on the proposal of the Sa- 
 mians (Plut. Aridid. 25 ; Uiod. Sicul. xii. 3fi), but 
 was of course abolished on the conquest of Athens 
 by the Lacedaemonians. The hellenotamiae were 
 not reappoijited after the restoration of the demo- 
 cracy ; for which reason the grammarians afford 
 us little infonnation respecting their duties. 
 Biickh, however, concludes from inscriptions that 
 they were probably ten in number, chosen by lot, 
 like the treasurers of the gods, out of the Pentaco- 
 siomedimni, and that they did not enter upon their 
 office at the begimiing of the year, but after the 
 Panathenaea and the first Prytaneia. With regard 
 to their duties, Btickh supposes that they remained 
 treasurers of the monies collected from the allies, 
 and that payments for certain objects were assign- 
 ed to them. In the first place they would of com-se 
 pay the expenses of wars in the common cause, as 
 the contributions were originally designed for that 
 purpose ; but as the Athenians in coui'se of time 
 considered the money as their own property, the 
 Hellenotamiae had to pay the Theorica and mili- 
 tary expenses not connected with wars on behalf 
 of the common cause. (Uiickh, PiM. Econ. of 
 Athi'its, i. p. "236; Curp. Inscrip. No. 147.) 
 'EAAn'TIA. ['EAAn'TIA.] 
 HELOTES (Ei'AwTes) were a class of bonds- 
 men peculiar to SparUi. Different etymologies are 
 given of their name. The common account is, that 
 they were originally the people of the town of 
 Helos in Laconia, and that they were reduced to 
 bondage after an unsuccessful revolt against the 
 Spartans. (Paus. iii. 20. § 6.) But the people of 
 "EAos were not called EiAwres, but 'EAeioi (Strab. 
 viii. 561) or 'EAectrai (Athen. vi. 102. p. 271). 
 The name has been also derived from cAi), marshes, 
 as if it signified inhabiiatits of th; Ion-Lands. But 
 Midler seems to be nearer the mark in explaining 
 6(Aci:Tes as meaning pi-isoiurs., from the root of 
 iheiv lo take, like S^mej from the root of SafMoi. 
 The ancient writers considered them to be 
 Achaeans, who liad resisted the Dorian invaders 
 to the last, and luid been reduced to slavery as the 
 punishment of their obstinacy. (Theopomp. ap. 
 Allien, vi. iili. p. 2(i.'i.) Mliller, however, supposes 
 that they were an aboriginal race, whicli was suIj- 
 dued at a very early period, and which inn7iediate- 
 ly passed over us slaves to the Doric conc|uerors. 
 But this theory, as Thirlwall has obsei'ved, does 
 not account for the hereditary eimiity between 
 tliem and their masters ; for uidess tlu-y lost theii' 
 liberty by the Dorian conquest, there is no proba- 
 bility that it placed them in a worse condition 
 than before. 
 
 The Helots were regarded as the property of th( 
 state, which, while it gave their services to indivi 
 duals, reserved to itself the power of emancipatin; 
 them. ( Ephorus, op. Strait, viii.p.36.5 ; Paus. iii. 20, 
 6.) They were attached to the land, and could 
 not be sold away from it. Several families, 
 many perhaps as six or seven, resided on eacli 
 
 K\rjpos, in dwellings of their own. They culti- 
 vated the land, and paid to their masters as rent a 
 fixed measure of corn, the exact amount of whicli 
 had been fixed at a very early period, the raising 
 of that amount being forbidden under heavy im- 
 precations. (Plut. Inst. Lac. p. 255.) The annual 
 rent paid for each KXrjpos was eighty-two medimni 
 of barle\', and a proportionate quantity of oil and 
 wine. (Plut. Li/c. ii. 24.) Besides being engaged 
 in the cultivation of the land, the Helots attended 
 on their masters at the public meal, and many of 
 them were no doubt employed by the state in 
 public works. 
 
 In war the Helots served as light-armed troops 
 (ifiAoi), a certain number of them attending every 
 heavy-anned Spartan to the field ; at the battle of 
 Plataea there were seven helots to each Spartan. 
 (Herod, ix. 10. 2B.) These attendants were 
 probably called dfiiriTrapes {i. c. aixpimavni, 
 Hesych. s. v.), and one of them in particular, 
 the bepa-KiDv, or servant (Herod, vii. 229 ; Sturz, 
 Le^e. Xan. s. v.) ; though depdirwv was also 
 used by the Dorians as a general name for 
 armed slaves. The Helots only served as hoplites 
 in particular emergencies ; and on such occasions 
 they were generally emancipated. The first in- 
 stance of this kind was in the expedition of Bra- 
 sidas, B. c. 424. (Thucyd. iv. 80 ; v. 34 ; vii. 19.) 
 
 The treatment to which the Helots were sub- 
 jected, as described by the later Greek writers, is 
 marked by tlie most wanton cruelty. Thus MjTon 
 states that " the Spartans impose upon them every 
 ignominious service, for they compel them to wear 
 a cap of dog's skin, and to be clothed with a gar- 
 ment of sheep's skin, and to have stripes infiicted 
 upon them every year for no fault, that they may 
 never forget that they are slaves. And besides all 
 this, if any rise by their qualities above the condi- 
 tion of a slave, they appoint death as the penalty, 
 and their masters are liable to punishment if they 
 do not destroy the most excellent." (Athen. xiv. 
 74. p. (!57.) And Plutarch {Lyc. 28 ) states that 
 Helots were forced to intoxicate themselves, and 
 perfonn indecent dances as a warning to tlie Spar- 
 tan youth. These descriptions are very probaljlj' 
 exaggerated; but we have abundant evidence, in 
 addition to the direct assertion of Thucytlides (iv. 
 80), that the Spartans always regarded the Helots 
 with the greatest suspicion. Every means was 
 taken to mark the distinction between them and 
 their masters : they were obliged to wear the rustic 
 garb' described above, and they were not permitted 
 to sing one of the Spartan songs. (Plut. Lyc. 28.) 
 That the cruelty of their masters knew no restraint 
 when it v/as stinuihited by fear, is manifest enough 
 from the institution of the /cpuirTei'a [KPTOTEIA], 
 and from the fact related by Tluicydides, tliat on 
 one occasion two thousand of the Helots who had 
 rendered the greatest service to the st;ite in war, 
 were induced to come forward by the oft'er ol 
 emancipation, and then were put to death. (Thuc. 
 iv. 80.) 
 
 At the end of the second Messenian war (b. c. 
 668), the conquered Messenians were reduced to 
 slavery, and included under the denomination of 
 Helots. Their condition appears to have been the 
 same, with sonu' slight diiferences, as that of tlie 
 other Helots ; but they appear to have been dis- 
 tinguislied by the remembrance of their freedouj, 
 ami a readiness to seize any opportunity of regani- 
 ing it, in which they at length succeeded, .liter the 
 
HERAEA. 
 
 battle of Leuctra. (See Thirlwall's Greece, v. p. 
 103.) 
 
 The Helots might be emancipated, but then? 
 were several steps between them and the free citi- 
 zen ; and it is doubtful whether they were ever ad- 
 mitted to all the privileges of citizenship. Myro 
 (op. At/ien. vi. p. "271. f) enumerates the following 
 classes of emancipated Helots : — drperai, dSecnroToi, 
 ifivKTrjpes, SfanuaiovavTat, and v(oSap.uSeis. Of 
 these tlie d(peTai were probably released from all 
 service ; the ipuKT-rjpiS were those employed in war 
 ['EPTKTH PES] ; the SeairoawvavTai served on 
 board the fleet ; and the veuSancoSeis were those 
 who had been possessed of freedom for some time. 
 Besides these there were the /xdBwves or fi66aKfs, 
 who were domestic slaves, brought up with the 
 young Spartans, and then emancipated. Upon 
 being emancipated they received permission to 
 dwell where they wished. [Compare Civitas 
 ((jreek), p. •23i}.] 
 
 (MUller, Dorians, iii. 3 ; Thirlwall, Greece, vol. 
 i. p. 3U9 ; Hennann, J'o/iikul ^li/tifjiiitics of Greece, 
 § 19. 24. 2«. 30. 4o ; Wachsmuth, Ile/len. Altert/i. 
 1. i. 217. 19 ; ii. 59. 1U4. 209. 211. 370—1 ; ii. i. 
 361.) LP- S.] 
 
 ■HME'PA. [Dies.] 
 
 HE'MINA. [CoTVLA.] 
 
 "ENAEKA, 'OI. [Eleven, The.] 
 
 'H*AI'2TEIA. [AAMnAAH-i-OPlA.] 
 
 HEIiAEA ('Hpaia) is the name of festivals 
 celebrated in honour of Hera in all the towns of 
 Greece where the worship of this divinity was in- 
 troduced. The original scat of her worship, from 
 which it spread over the other parts of Greece, was 
 Argos; whence her festivals in other places were, 
 more or less, imitations of those which were cele- 
 brated at Argos. (Miiller, Dor. ii. 10. § 1.) The 
 Argiv L'S had three temples of Hera : one hiy between 
 Argos and Mycenae, 43 stadia from Argos ; the 
 second lay on the road to the iicropolis, and ne;ir 
 it was the stjidium in which the games and con- 
 tests at the Heraea were held (Paus. ii. 24. § 2) ; 
 the third was in the city itself (Paus. ii. 22. § 1). 
 Her sen'ice was perfonued by the most distin- 
 guished priestesses of tile place ; one iX them was 
 the higli-priestess, and the Argives counted tlieir 
 years by the date of her oflice. (Thucyd. ii. 2.) 
 The Heraea of Argos were celebrated every fifth 
 year, and, according to the calculation of Bcickh 
 {.lUiandl. der lierl. Akad. vwt 181«-19. p. 92, 
 A:c.) in the middle of the second year of every 
 Ulyuii)iad. One of the great soleuniities whicli 
 took place on the occiision, was a magnihcent [iro- 
 ccssiou to the great temple of Hera, between Argos 
 and Myceuae. A vast number of young men — for 
 the festival is called a panegyris — assembled at 
 Argos, and marched in annour to the temple of the 
 goddess. They were preceded by one hundred 
 oxen (eKaTo/xS-r], whence the festival is also called 
 fKaTOfxSaia). 'I'hc high-pricstess accompanied this 
 procession, riding in a chariot drawn by two white 
 oxen, as we sue from the story of Cleobis and 
 IJiton related by Herodotus (i. 31) and Cicero 
 (Tiiseul. i. 47). The 100 oxen were sacriiiced, 
 and their flesh distributed among all the citizens. 
 (Schol. ud I'iiid. OL vii. l.')2, and ad Nc.m. x. 39.) 
 The sacrifice itself vvas called Mx^pva (llesych. 
 s.v.) or "the bed of twigs." (Compiire Weleker 
 on Schwenek''s Elyinuloji-sclu: Andadmujeit. p. 2G8.) 
 The games and contests of the Heraea took place in 
 the stadium, near the temple on the road to the 
 
 HERES (GREEK). 471 
 
 acropolis. A brazen shield was fixed in a place 
 above the theatre, which was scarcely accessible to 
 any one, ami the young man who succeeded in 
 pidling it down received the shield and a garland 
 of myrtle as his prize. Hence Pindar (A^cm. x. 
 41) calls the contest d.'fu>v xa^KeoJ. It seems that 
 this contest took place before the procession went 
 out to the Heraeon, for Strabo (viii. p. 556) states 
 that the victor went with his prizes in solemn pro- 
 cession to that temple. This contest was said to 
 have been instituted, according to some traditions, 
 by Acrisius and Proetus (Aelian, V. H. iii. 24), 
 iiccording to others by Archinos. (Schol. atl Find. 
 O/. vii. 152.) 
 
 The Heraea or Hecatombaea of Aegina were 
 celebrated in the same manner as those of Argos. 
 (See Schol. ad Find. Isthm. viii. 114; MuUer, 
 Aetiinel. p. 149.) 
 
 The Heraea of Samos, which island also derived 
 the worship of Hera from Argos (Paus. vii. 4. § 4) 
 were perhaps the most briUiant of all the festivals of 
 this divinity. A magnificent procession, consisting 
 of maidens and married women in splendid attire, 
 and with floating hair (Asius, ap. Athen. xii. p. 
 525), together with men and youths in annour 
 (Polyaen. Strat. i. 23 ; vi. 45), went to the temple 
 of Hera. After they arrived within the sacred 
 precincts, the men deposited their annour ; and 
 praj-ers and vows were ofl'ered up to the goddess. 
 Her altar consisted of the ashes of the victims 
 which had been burnt to her. (Paus. v. 13. § 5.) 
 
 The Heraea of Elis were celebrated every fifth 
 year, or in the fourth year of every Olympiad. 
 (Corsini, Dissert, iii. 30.) The festival was chiefly 
 celebrated by maidens, and conducted by sixteen 
 matrons who wove the sacred peplus for the goddess. 
 But before the solemnities connuenced, these ma- 
 trons sacrificed a pig, and purified themselves in 
 the well Piera. (Paus. v. 1(). § 5.) One of the 
 principal solemnities was a race of the maidens in 
 the stadium, for which purpose they were divided 
 into three classes, according to their age. The 
 youngest ran first, and the oldest last. Their only 
 dress on this occasion was a x'™!', which came down 
 to the knee, and their hair was floating. She who 
 i won the prize, received a garland of olive-boughs, 
 together with a part of a cow which was sacrificed 
 I to Hera, and might dedicate her own painted like- 
 [ ness in the temple of the goddess. The sixteen 
 ' matrons were attended by as many female attend- 
 ants, and performed two dances; the one called the 
 dance of Physcoa, the other the dance of Hippo- 
 dameia. Respecting further particulars, and the 
 history of this solemnity, see Paus. v. 16. § 2, &c. 
 
 Heraea were celebrated in various other places ; 
 e. (/. in Cos (Athen. xiv. p. 639 ; vi. p. 262), at 
 Corinth ( Eurip. Vl/ctA 1379 ; Philostrat. Her. xix. 
 14), at Athens (Plut. Qutwsi. Rom. vii. 1G8), at 
 Cnossus in Crete (Diod. v. 72), &c. [L. S.] 
 IlKRE'DITAS. [Heres (Roman).] 
 HKRES (GREEK). The Athenian laws of in- 
 heritance are to be explained under this title. The 
 subject may be divided into five parts, of which 
 we shall speak : 1st, of personal capacity to inherit ; 
 2dly, of the rules of descent and succession ; 3dly, 
 of the power of devising; 4thly, of the remedies of 
 the heir for recovering his rights ; 5thly, of the ob- 
 ligations to which he succeeded. 
 
 I. 0/ Personal Capacity to Inlierit.—To obtain 
 the right of inheritance as well as citizenship 
 (aYX'OTei'a and TruAireta), legitimacy was a neces- 
 
472 HERES (GREEK). 
 
 sary qualification. Those children were legitimate 
 who were bom in lawful wedlock. (Dcmosth. c. 
 Neccer. 1386.) The validity of a marriage depend- 
 ed partly on the capacity of the contracting parties, 
 partly on the nature of the contract. On the first 
 point little needs to be noticed here, except that 
 brother and sister by the same mother were for- 
 bidden to marry ; but consanguinity in general was 
 so far from being deemed an objection, that mar- 
 riage between collateral relations was encouraged, 
 in order to keep the property in the family. ( Andoc. 
 Be Myst. 119, c. Alcih. 33. ed. Bekk. ; Lys. c.Ak. 
 41. ed. Bekk. ; Demosth. c. Leoch. 1083, c. Euhul. 
 1305 ; Pint. Cimmi 4, Thcmist. 32.) The contract 
 was made by the husband with the father, brother, 
 or other legal guardian (icupioy) of the intended 
 wife ; then only was she properly betrothed 
 (677uT)Trf). An heiress, however, was assigned, 
 or adjudged, to the next of kin {^TniiKaaBuaa) by 
 process of law, as explained under 'EIII'KAHPOS. 
 (Isaeus, de Cir. her. 2G, de Philod. her. 1!). ed. 
 Bekk. ; Demosth. -pro I'lmrm. 9.54, c. Stcph. 1 1 34.) 
 No ceremony was necessary to ratify the contract ; 
 but it was usual to betroth the bride in the pre- 
 sence of witnesses, and to give a marriage feast, 
 and invite the friends and relations, for the 
 sake of publicity. (Isaeus, de Cir. her, 18; De- 
 mosth. c. Onet. 8C9, c. Eviml. 1311, 1312.) A 
 marriage without proper espousals was irregular ; 
 but the issue lost their heritable rights only, not 
 their franchise ; and the fonner, it seems, might be 
 restored, if the members of their father's clan would 
 consent to their being registered. (Isaeus,yt' I'hiloct. 
 her. 29 — 33. ) As it was necessary for every man 
 to be enrolled in his clan, in order to obtain his 
 full civil rights, so was the registration the best evi- 
 dence of legitimacy, and the (ppdrofies and avyye- 
 ve7s were usuaUj' called to prove it in courts of jus- 
 tice. (Andoc. de Myst. 127. ed. Bekk.; Isaeus, de 
 Cir. hn: 2C, de Philod. 1 3 ; Demosth. c Euhul. 1 305, 
 &c.) For further particulars see Platner, BeHrVuic, 
 104, &c. ; Wachsmuth, i. 2. 31 and 148, ii. 1. 204, 
 &c. ; Schumann, Ant. j. p. Or. v. 19. 21. 88. 
 
 II. Of the Ruh's of Descent and Succession. — 
 Here we would premise, that, as the Athenian law 
 made no difference in this respect between real and 
 personal estate, the words heir, inlierit, &c., will be 
 applied indiscriminately to both. When an Athe- 
 nian died leaving sons, they shared the inheri- 
 tance, like our heirs in gavelkind, and as they now 
 do in France de Philod. Iwr. Z'i) ; a law 
 
 no less favourable to that balance of property which 
 Solon meant to establish, than the law of primo- 
 geniture was suited to the military aristocracies 
 created in the feudal times. 1 he only advantage 
 possessed by the eldest son was the first choice in 
 the division. (Demosth. pro Phorm. 947.) If there 
 was but one son, lie took the whole estate ; but if 
 he had sisters, it was incumbent on him to provide 
 for them, and give them suitable marriage portions ; 
 they were then called imirpoiKui. (Harpocr. s. r. 
 'ETri'SiKos.) There was no positive law, making it 
 imperative on a brother to give his sister a portion 
 of a certain amount; but the moral (jliligation, to 
 assign her a fortune corresjiouding to his own rank, 
 was strengthened bj- custom and public opinion, 
 insomuch that, if she was given in marriage por- 
 tionless, it was deemed a slur upon iier character, 
 and might even raise a doubt of her legitimacy. 
 (Isaeus, de Pijrr. her. 40 ; I^ys. de Arist. lion. 16. 
 ed. Bekk.; Demosth. c. Boeot. de dote, 1014.) 
 
 HERES (GREEK). 
 
 On failure of sons and their issue, daughters and 
 daughters' children succeeded (as to the law con- 
 cerning heiresses, see 'Eni'KAHPOS) ; and there 
 seems to have been no limit to the succession in 
 the descending line. (Isaeus, de Cir. her. 39 — 46, 
 dePi/rr.her.59, de Philod.SS. 67 ; Demosth. c.^l/a- 
 cari. 1057, 1058.) If the deceased left grandsons 
 by different sons, it is clear that they would take 
 the shares of their respective fathers. So if he 
 had a granddaughter by one son, and a grandson by 
 another, the latter would not exclude the fonner, 
 as a brother would a sister, but both would share 
 alike. Of this there is no direct evidence ; but it 
 follows from a principle of Attic law, by which, on 
 the birth of a son, his title to his father's inheri- 
 tance, or to a share thereof, immediately accrued; if 
 then he died before his father, but leaving issue, 
 they claimed their grandfather's inheritance as re- 
 presenting him. It was otherwise with daughters. 
 Their title did not thus accrue ; and therefore it 
 was the practice for the son of an heiress to be 
 adopted into his maternal grandfather's house, and 
 to become his sou in j)oint of law. Further (as 
 will presently be shown) the general preference of 
 males to females did not commence till the de- 
 ceased's father's descendants were exhausted. 
 
 On failure of lineal descendants the collateral 
 branches were resorted to. And first came the 
 issue of the same father with the deceased ; viz. 
 brothers and brothers' children, the children of a 
 deceased brother taking the share of their father 
 (Isaeus, de Hw/n. her. 1. 2; Demostli. c. Mueart. 
 1067, c. I^och. 1083) ; and after them, sisters and 
 sisters' children, among wiu)ni the principle of re- 
 presentation also prevailed (Isaeus, de Apoll. Jier. 
 23); but whether sisters' children took per stirpes 
 or ]ier capita, does not appear. 
 
 Next come the descendants of the same grand- 
 fatiier with the deceased ; cousins and cousins' 
 children. Here the law declared, that males and 
 the issue of males should be preferred to females 
 and their issue. ( I saeus, de Hagn. her. 1 , 2 ; 
 Demosth. c. Mueart. 1067.) Thus, the son of an 
 uncle would exclude the son of an aunt, while tlie 
 son of an aunt would exclude the daughter of an 
 uncle. On the same principle Isaeus {de Aptoll. 
 her. 25, 26) contends that the son of a female first 
 cousin prevented his mother's sister from inherit- 
 ing, altlunigh he was further removed from the de- 
 ceased [yivei aTrwTf'po)) by one degree. This pre- 
 ference, however, was confined to those who were 
 descended from the same connnon ancestor, that is 
 to say, from the grandfather of the deceased ; for the 
 words fK rciy avrwv in Demosthenes are to be ex- 
 plained by the rpiV^ yevei of Isaeus. Therefore a 
 first cousin once removed, claiming through a 
 female, had a better title than a second cousin 
 claiming through males ; for a second cousin is de- 
 scended not from the grandfather, but only from 
 the great-grandfather of the deceased, and so is 
 beyond the legal degrees of succession (f^oi Trjs 
 dyyiiTTe'ias or avyyiyfias). On this, Kubulidcs 
 founds his pretension to the estate of Hagnias ; be- 
 cause he claims as representative (son by adoption) 
 of )iis maternal grandfather, who was first cousin 
 to Hagnias ; whereas the father of his opponent, 
 Macartatus, was second cousin to Hagmias, and (as 
 Demosthenes expresses it) was not in the same 
 branch of the family (oii/t eV tov oIkov toD 'Ayi/lov, 
 c. Macurt. 1070). 
 
 On failure of first cousins and their issue, the in- 
 
HERES (GREEK). 
 
 heritance went to the half-blood by the mother's 
 side ; brothers and sisters, nephews and nieces, 
 cousins and their children, as before. But if there 
 were no maternal kinsmen within the legal degree, 
 it returned to the agnati, or next of kin on the pa- 
 ternal side (tous irpos irarpos), whose proximity 
 was traced by counting the degrees from the com- 
 mon ancestor. (Isaeus, rfe //a^H. fcr. 1 — 18; L)e- 
 mosth. c. Macart. 1067.) 
 
 The succession of parents to their children is 
 matter of dispute among the learned. From the 
 silence of the orators, the absence of any example, 
 and the express declaration of Isaeus (</e Huyn. 
 her. 2() ) respecting the mother, it may be inferred 
 that parents could not inherit at Athens. At 
 Athens the maxim, hereditas nnnijiuim uscciidit, 
 held only of lineal, not of collateral ascent. 
 For example, an uncle might inherit. (Isaeus, 
 de Clean. Iter. 55.) So also he might marry 
 the heiress, as next of kin. {Dc Pt/rr. her. !)0.) 
 On tliis part of the subject the reader is re- 
 ferred to Wachsmuth, ii. 1. 212, &c. ; Bunsen dc 
 jure hered. Alhen.; Sir William Jones' Commenlary 
 annexed to the translation of Isaeus ; and a short 
 summaiy of the law by Schiimann, 7). 6V. v. 
 
 20. These and other writers are not agreed on 
 man)' of the foregoing points, which are left in 
 much obscurity, owing to the mutilated state in 
 which the laws have reached us, and the artifices 
 used by the orators to misrepresent the truth. 
 
 It will assist the student to be informed, that 
 aviSfios signifies a first cousin. 'Ate^'iaSous is a first 
 cousin's son ; fonned in the same manner as ciSeA- 
 <^iZo\i% from d5eA(p((5, and hvya.Tfiho\is from Sirya- 
 TTjp. Thus, my first cousin's son is dftiJ/iaSoOs to 
 me ; but not conversely. Again, though it is true 
 that two or more second cousins may be spoken of 
 collectively as avt-i/iahoi (Demosth. c. Strph. 1117), 
 yet one of them cannot be said to be dv^-^ia^ovs to 
 another. Herein consists the fallacy of those who 
 maintain that second cousins came within the legal 
 degrees of succession. 
 
 KA^pos is the subject matter of inheritance, or 
 (in one sense of the word) the inheritance ; KA-rjpo- 
 v6iJ.os the heir. ^ Ayx^dTiM, proximity of blood in 
 reference to succession, and sometimes right of suc- 
 cession. 'Zvyyevda, natural consanguinity. "Xvy- 
 ■ytvets, collateral relations, are opposed to eKyovoi, 
 lineal descendants. 
 
 III. Of ilie jM)Wcr nf Devishuj. — That the owner 
 had power to alienate his property during his life- 
 time, and that such alienation was valid in point 
 of law, both as against the heir and all the rest of 
 the world, is beyond a doubt. There was, however, 
 an ancient law whicli punished with degradation 
 (oTijuia) a man who had wasted his patrimony (to 
 .■jroTpwa KOTeST)So/fa5y). He was considered an 
 ott'ender against the state, because he disabled him- 
 self from contributing to the public service. Pro- 
 secutions for such an offence were rare ; but the re- 
 putation of a spendthrift was always prejudicial to 
 a man in a court of justice. (Diog. Laert. Solon, 
 55 ; Aeschin. c. Timarch. .97 — 105. 154. ed. Bekk.) 
 
 Everj' man of full age and sound mind, not 
 under durance or improper infiuence, was compe- 
 tent to make a will ; but if he had a son, he could 
 not disinherit him ; although his will might take 
 effect on the contingency of the son not completing 
 his seventeenth year. (Isaeus, <lc Arkt. lur. 14, de 
 Philoet. 10 ; Demosth. c. Steph. 1133. 1 130.) The 
 bidk of tiie estate being left to the son, legacies 
 
 HERES (GREEK). 473 
 
 might be given to friends and relations, espe- 
 cially to tliose who performed tlie office of our exe- 
 cutor or testamentary guardian. (Demosth. c. 
 Aphol). 814. 827.) And in the division of property 
 among sons, the recommendations of the father 
 would be attended to. (Demosth. c. Macart. 1055, 
 pro PJiorm. 955.) Also a provision, not exceeding 
 a thousand drachmas, might be assigned to an ille- 
 gitimate child. (Harpocr. s. %\ Nodeia.) 
 
 A daughter could not be disinherited, though 
 the estate might be devised to any person on con- 
 dition of his marrying her. (Isaeus, de Pyrr. Iivr. 
 82—84.) 
 
 It was only when a man had no issue that he 
 was at full liberty to appoint an heir. His house 
 and herit;ige were then considered desolate (tpijfios 
 Ka\ dvuvvfj.os), a great misfortune in the eyes of 
 an Athenian ; for every head of a family was anxi- 
 ous to transmit his name and religious usages to 
 posterity. The same feeling prevailed among the 
 Greeks in more ancient times. We learn from 
 Ilesychius and the I'^tymol. Mag. that distant re- 
 lations were called x'!?""''''''"', because, when they 
 inherited, the house was x^Ip^^w koI ep-qfios. (See 
 Hom. //. V. 158; Hes. Thm(j. G07.) To obviate 
 this misfortune, an Athenian had two courses open 
 to him. Either he might bequeath his property 
 by will, or he might adopt a son in his lifetime. 
 [Adoption (Greek).] 
 
 W'ills were in writing, and usually had one or 
 more attesting witnesses, whose names were super- 
 scribed, but who did not know the contents. They 
 were often deposited with friends, or other trust- 
 worthy persons, such as a magistrate. It was con- 
 sidered a badge of fraud if tliey were made secretly 
 or in the presence of strangers. (Isaeus, de Philoet. 
 her. 8, de Asti/jih. her. 8 — 17 ; Demosth. c. Steph. 
 1137.) A will was ambulatory until the death of 
 the maker, and might be revoked, wholly or par- 
 tially, by a new one. It seems also that there 
 might be a parol revocation. (Isaeus, de Philoet. 
 Iwr. 40, de Clean, her. 32.) The client of Isaeus, 
 in the last-cited cause, contends, that the testator 
 sent for the depositary of his will, with an inten- 
 tion to cancel it, but died before he got it into his 
 possession ; this (he says) was a virtual revocation. 
 He calls witnesses to prove the testator's affection 
 for himself and dislike of his opponents, and thence 
 infers that tlie will was unnatural, and a proof of 
 insanity. Similar arguments were often used. 
 (Isaeus, f/c Nieast. her. 23, de Asti/ph. her. 21.) 
 
 With respect to the proceeding by which a 
 father publicly renounced his paternal authority 
 over his son, see 'AnOKH'PTHI2. Plato {Ley. xi. 
 y. p. 928) refers to it, and recommends that a 
 father sliould not take such a step alone, but in 
 conjunction with the other members of the family. 
 At Athens the paternal authority ceased altogetiier 
 after the son had completed his nineteenth year ; 
 he was then considered to belong less to his father 
 than to the state. (Valclceuaer, ad Ammaniu in, 
 s. V. 'hvoKripvKTos : Meier, dc Bonis Damn. p. 2(i.) 
 
 IV. Of tlue lieiiiedics of tlui Heir for lieeorerhiij 
 his Riijlds. — A son or other male descendant might 
 enter and take possession of tlie estjite immediately 
 after the owner's death. (Isaeus, da Pijrr. her. 7'2, 
 de Cic. her. 47.) If he was prevented from so 
 doing, he might bring an action of ejectment against 
 the intruder. ['EMBATEI'A.] Any one who dis- 
 turbed a minor in the enjoyment of his patrimony 
 was liable to a criminal prosecution (Kct/caVtius 
 
474 HERES (GREEK). 
 
 elaayyeKia, Isaeus, de Pyrr. Iter. 7(J.) As to the 
 proceedings in case of heiress, see 'EIII'KAHPOS. 
 
 Other heirs at law and claimants by adoption or 
 devise were not at liberty to enter, imtll the estate 
 was formally adjudged to thcra. The proper course 
 was, to make application to the archon, who attended 
 at his office for tliat purpose every month in the year 
 except the last (Scirophorion). The party who 
 applied was regarded as a suitor, and (on obtaining 
 a hearing) was said Aajxav^iv rov K\ripov. (Isaeus, 
 </e Ilat/n. licr. '2i. 40, de I'j/rr. Iter. 74, de Astyph. 
 Iwr. 4 ; Demosth. c. Stcph. 1136.) 
 
 At tlie first regular assembly {Kvpia iKK\r]ffia), 
 held after he had received notice, the archon caused 
 proclamation to be made, that such a person had 
 died without issue, and that such and such persons 
 claimed to be his heirs. The herald then asked 
 6jf Tis d.iji(pt(!§i)Tuv rj ■n-apaKaraSdWeii' /SouAerai 
 rov KK-qpov ; these words arc variously inter- 
 preted. Perhaps the best explanation is this ; — 
 A/j.<picT€r)Teiv is a term of general import, applied 
 to all who dispute the title of another, and would 
 include those who claimed a moiety or other 
 share of the estate. napaKOTogoA.A6ic signifies to 
 make a deposit by way of security for costs, which 
 was required of those who maintained their exclu- 
 sive title to the wliole inheritance. Perhaps, how- 
 ever, the payment in this case was optional, and 
 might be intended fur the mere purpose of com- 
 pi'iling the other parties to do the same. The de- 
 posit thus paid was a tenth part of the value of the 
 property in dispute, and was returned to the party 
 if successful. (Pollux, viii. 32. 95 ; Isaeus, de 
 iVimst. Iwr. 1 3, de Hat/n. her. 20 ; Demosth. e. 
 MuaiH. 1051, c. Zcw/(. 1090— 1093.) 
 
 If no other claimant appeared the archon ad- 
 judged the estate to the first suitor (eTrfSiVauef 
 avTw Tov KXijpov). If, however, there were ad- 
 verse claims, he proceeded to prepare the cause" for 
 trial (5ioSiKa<7ia). First came the dvaKpuns, in 
 the usual way, except that no party was considered 
 as plaintift' or defendant ; and the bills, in which 
 they set forth theii' respective titles, were called 
 diJTiypa<pai. (Haqjoc. s. i\; Demosth. e. 0/i/iiip. 
 1173. 1175.) The dicasts were then to be summon- 
 ed, and, whatever the number of parties, one court 
 was held for the decision of all their claims. If 
 any one neglected to attend on the appointed day, 
 and had no good excuse to olfer, his claim was 
 struck out of the record (8ie7pa(J)r( rj dfupmSriTi^rTis), 
 and the contest was carried on between the remain- 
 ing parties, or, if but one, the estate was awarded 
 to him. (Demosth. c. Olymp. 1174.) The trial 
 was thus managed. The dicasts had to give their 
 verdict either for one person proving a title to the 
 whole, or for sevend persons coming in under the 
 same title, as (for instance) two brothers entitled 
 each to a moiety. One balloting box therefore 
 was ])rovided for every party who appeared in a 
 distinct interest. The speeches were measured by 
 the clepsydra. Each party had an dfitpop^vs of 
 water for his first speech, and half that, or three 
 X«fiS for the second. (Isaeus, de lluiju. Iwr. 30, 
 &c. ; Demosth. c. Macurt. 1052.) That these 
 arrangements gave rise to fraud and collusion, is 
 clearly shown in the cases above cited. 
 
 The verdict, if fairly obtained, was final against 
 tlie parties to the cause. But any other person, 
 who by absence or unavoidable accident was pre- 
 vented from being a party, might afterwards bring 
 an action iigaiust the successful candidate, to re- 
 
 HERES (GREEK). 
 
 cover the estate. He was then obliged to pay his 
 deposit {TcapciKaraSoKri), summon the defendant, 
 and proceed in other respects as in an ordinary 
 suit. This he might do at any time during the 
 life of the person in possession, and within five 
 years after his death. (Isaeus, de I'yrr. Iwr. 70 ; 
 Demosth. c. Uli/inp. 117.5, c. Macurt. 1054.) 
 
 It has hitherto been supposed that a simple issue 
 was raised between the litigant parties, viz. who was 
 entitled to possess the estate ; and that they pro- 
 ceeded at once to the trial of such issue. '1 his was 
 called evdvSiKia. eiaievai. The cause, however, 
 might become more complicated, if one of the 
 parties chose to make exception to the right of any 
 other to dispute his title : this was done by tender- 
 ing an affidavit {Siap.apTvpia) [AIAMAPTTPI'A], 
 sworn either by himself or by another, wherein he 
 declared that the estate was not the subject of liti- 
 gation [fiT) ewiSiKos), and alleged some matter of 
 iSct or law to support his assertion. Sons, adopted 
 sons, and persons in legal possession, were allowed 
 this advantage. For example, a witness might 
 depose that the last occupier had left male issue 
 surviving him, and therefore the property could 
 not be claimed by any collateral relative or devisee: 
 or that the title had already been legally deter- 
 mined, and that the new claimants were not at 
 liberty to reopen the question. This had the etfect 
 of a dilatory plea, and stayed further proceedings 
 in the cause. (Isaeus, de Diaicoy. Iter. 30, de Ajiull. 
 3, de Pliilod. 4. 52, de I'yrr. 3 ; Demosth. c. Leocli. 
 1097.) If then the suitor was resolved to prose- 
 cute his claim, he had no other course but to pro- 
 cure a conviction of the witness (who had sworn 
 the affidavit) in an action for false testimony 
 (SiKjj T^iivZop.aprvpiwv'). Examples of such actions 
 are the causes in which Demosthenes was engaged 
 
 1 against Leochares, and Isaeus for the est;ite of 
 Philoctemon. (Jn the trial of the witness the 
 questions, were, first, the tnith of the facts de- 
 posed to ; secondly', theii' legal ett'ect, if true. With 
 
 I respect to the witness, the consequences were the 
 same as in an}' other action for false testimony. 
 [MAPTTPI'A.] With respect to the origmal cause 
 nothing further was determined, than that it could 
 or could not be entertiiined ; t!ie Siafiaprvpia in 
 this particular resenibUng the ■napaypa^. If the 
 court decided that the suit could be entertained, 
 the parties proceeded to trial in the maimer before 
 explained. 
 
 As to the further remedies to be pm-sued by the 
 successful party, in order to obtain the fruits of his 
 judgment, see 'EMBATEI'A, 'ENOIKI'OT and 
 'EHOT'AH2 Al'KAI. And on this jiart of tlie sub- 
 ject see Meier, Att. Prw. p. 459. OIU. 038 ; Plat- 
 ner, Att. Prw. i. 1()3, ii. 309. 
 
 V. U/tlic Olili<juliuiis ti> which the Heir succeeded. 
 — The first duty of an heir.as with us of an executor, 
 was, to bury the dead and peri'orm the customary 
 funeral rites (ra yoni^ofuva voiuv). It is well- 
 known what importance was attached to this by 
 the ancients. The Athenian law regukited the 
 time of burial, and the order in which tile female 
 
 I relations sliould attend. If no money was left to 
 p.ay the expenses of burial, still the nearest rela- 
 tives were bound to defray them; and if they 
 neglected to perfoini their duty, the chief magis- 
 tKite (SriiMpxos) of the demus, in which the death 
 took place, after warning them by jmblic notice 
 [dvaipeii/ KoX dd-mnv, Kal KaUaiptii/ rov S^juoc), 
 
 ^ got the work done by contract, paid for it himself, 
 
HERES (GREEK). 
 
 and was then empowered to sue tliem for double 
 the amount. When a rich man died, there was no 
 backwardness about his funeral. It is rather 
 amusing to see how eagerly the relations hastened 
 to show respect to his memory, as if to raise a pre- 
 sumption of their being the heirs. (Isaeus, <fc 
 Astyph. her. 40, de Cii: Iw.r. 29 — 33, de Nkost. 
 Iier. 9. -25 ; Dcmosth. c. Mat-art. 10()9. 1071.) 
 
 Children, who neglected to bury their parents, 
 were liable to a criminal prosecution {ypa<pri KaKci- 
 <rews yoviwv), just as they were for refusing to 
 support or assist them in their lifetime. The word 
 yoyeis in this case includes all ancestors. (Meier, 
 de Bun. Damn. 1"26.) 
 
 Among heritable obligations may be reckoned 
 that of marrying a poor heiress (^rjaaa), or giving 
 her in marriage with a suitable portion. (See 
 Eni'KAHP02,^and Meurs. T/iem. Ait. i. 13.) 
 
 That the heir was bound to pay the debts of the 
 deceased, as far as the assets would extend, cannot 
 be doubted. Five years seems to have been tlie 
 period for the limitation of actions against him 
 (vpoBeap-la). In case of a mortgage, he was en- 
 titled only to the surplus of the mortgaged property, 
 remaining after payment of the debt charged 
 thereon. (Lys. de Bon. Pidil. 4, 5 ; Isaeus, dc Arist. 
 lier. -23; Dcmosth. c. Callipp. 1240, c. Spud. 1030, 
 c. Nausim. 988, 989.) 
 
 State debtors, such as farmers of the public re- 
 venue who had made default, or persons con- 
 dennied to pay a fine or penalty, were disfranchis- 
 ed (^Ti/xoi) until they had settled the debt ; and 
 the disgrace extended to their posterity. Thus 
 Ciraon, son of Miltiades, was compelled to pay a 
 fine of fifty talents which had been imposed on his 
 father ; and the story is, that CaUias advanced 
 him the money, in return for the hand of his sister 
 Elpinice. (Demosth.c. A ndrot. d^Yi, c. T/icuc. 132"2. 
 1327, c. Apliub. 83(), pro Cor. 329, c. Alacart. 
 10G9.) When the whole of a man's property was 
 confiscated, of course nothing coidd descend to his 
 heir. It seems to have been a common practice, 
 in such a case, for the relations of the deceased to 
 conceal his elfects, or to lay claim to tiiem by pre- 
 tended mortgages. Against these frauds there 
 were severe penalties, as may be seen from the 
 speeches of Lysias, c. I'hilorr. and dc. lion. Arist. 
 (iVIeier, dc Bon. Damn. 212.) 
 
 Tiie posterity of those who were put to death 
 by the people, or were convicted of certiiin in- 
 famous crimes, such as theft, inherited the dTij.da 
 of tlieir ancestors, a damnosa Iwreditus, which they 
 could not decline or escape from. It may be com- 
 pared to the corruption of blood following upon 
 attainder in the feudal law. Tlie legislator seems 
 to liave thought tliat such children must be the 
 natural enemies of their country, and ought to be 
 disarmed of all power to do mischief. We cannot 
 wonder at this, when we consider, that with rc>- 
 spi'ct to private feuds, it was deemed honourable 
 and meritorious in the child to preserve the enmity 
 of tlie father ; and we find public prosecutors (as 
 in the opening of the speech of Lysias against 
 Agoratus, of Demosthenes against Theocriiies), 
 telluig the dicasts, that they had been induced to 
 come forward by a desire to avenge tlie wrongs of 
 their family. In the same spirit the Athenian law 
 re((uired, that men guilty of unintentional homi- 
 cide should remain in exile, until they had appeas- 
 ed the nearest relatives of the deceased, to wiiom 
 it more especially l)elonged to resent and forgive 
 
 HERES (ROMAN). 475 
 
 the injury. (Demosth. c. Mu/.. 551, c. Aristoc. G40. 
 ()43, c. Aristoc/. 790, c Mamrt. 10(;9 ; Meier, du 
 Bon. Damn. 10(i. 13b'; Wachsmuth, ii. 1. 243 — 
 25(). 2G8.) 
 
 Isaeus teUs us, that parents, who apprehended 
 their own insolvency, used to get their children 
 adopted into other families, that they might escape 
 the consequences. {De Aruit. her. '2i.) This, how- 
 ever, could not be done, after the infiimy had once 
 attached. (Meier, de Bon. Damn. 130' ; Aesch. c. 
 Ctes. 21. ed. Bekk.) 
 
 We find no mention of property escheating to 
 the state of Athens for want of heirs. This pro- 
 bably arose from a principle of Athenian law, ac- 
 cording to which no civic family was sulfered to 
 expire ; and therefi>re the property of an intestate 
 was always assigned to such person as was most 
 fit to be his successor and representative. With 
 aliens, and those iUegitiraate children who were 
 regarded as aliens, it was no doubt otherwise. 
 (Meier, dc Bon. Damn. 148.) [C. R. K.] 
 
 HERES (ROMAN). When a man died, 
 a certain person or certain persons succeeded to 
 all his property, under tlie name of lieres or 
 hcredcs : this was a universal succession, the whole 
 property being considered a unity. Such a suc- 
 cession comprehended all the rights and liabili- 
 ties of the person deceased, and was expressed by 
 the term Hereditas. The word hereditas is ac- 
 cordingl}' defined to be a succession to all tlie rights 
 of the deceased. (Dig. 50. tit. 1(3. s. 24.) The 
 term pecunia is sometimes used to express the whole 
 property of a testator or intestate (Cic. De Invent. 
 ii. '21 ; Gains, ii. 104) ; but it only expresses it as 
 property, and therefore the definition of heredit;is 
 by pecunia would be incomplete. Cicero {T<jp. 0) 
 completes the definition thus : — " Hereditas est 
 pecunia quae morte alicujus ad quenipiam pervenit 
 jure, nec ea aut legata test;unento aut possessione 
 retenta." The negative part of the definition ex- 
 cludes legacies, and property of the deceased, the 
 ownership of which is acquired by a sufficient pos- 
 session. The word "jure" excludes the " bono- 
 rum possessio," in opposition to whicli the heredi- 
 tas is apjiropriately called " justa.'''' The htu-es was 
 the owner who ac(piired all that had belonged to 
 another, morte and jure ; the etymological relation 
 of the word to herns seems probable. 
 
 A person might become a heres by being named 
 as such (insfitidus, seriptns, faetus) in a will, exe- 
 cuted liy a competent person, according to the forms 
 required by law [Tbstamkntiim]. If a person 
 died intestate (intestatits), or having made a will 
 which was not valid, the inheritance ciuiie to those 
 to whom the law gave it in such cases, and was 
 called hereditas le_</itima or ai inttistafo. Hut a 
 man could not die testate as to part of his property 
 and intestate as to another part, except he were a 
 soldier, whose testamentary dispositions were con- 
 sidered with great indulgi'iice. The reason of this 
 ajipears to be the legal unity of the hereditas : a 
 testamentary disposition of a part was not a dispo- 
 sition of the whole, and consequently it was no 
 disposition at all. 
 
 In order that a testamentary succession should 
 take place, the person dj'iiig must have such property 
 or such rights as are capable of being transmitted 
 to another ; consequently neither a slave, nor a 
 filius-faiuilias, according to the old Roman law, 
 could make a heres. Also, the person who is made 
 heres must have a legal cipacity to be heres. 
 
476 HERES (ROMAN). 
 
 Generally, all persons who had the commcrcium 
 could be made heredes, and consequently all Ro- 
 man citizens, and even slaves. [Testamentum.] 
 
 The institution of a heres was that formality 
 which could not be dispensed with in a will. If 
 the testator named no heres or heredes, and com- 
 plied with all the other legal forms, still his dispo- 
 sition of his property was not a will. The heres 
 called heres directus,or simply heres, represented the 
 testator, and was thus opposed to the heres iidei- 
 commissarius. [Fideicommissum.] The testator 
 might either name one person as heres, or he 
 might name several heredes {colirrfdcs), and he 
 might divide the hereditas among them as he 
 pleased. The shares of the heredes were generally 
 expressed by reference to the divisions of the As : 
 thus, " heres ex asse " is lieres to the whole pro- 
 perty; "heres ex dodrante," heres to three-fourths; 
 heres " ex semuncia," heir to one twenty-fourth. 
 (Cic. Ait. xiii. 48, vii. 8 ; Cic. Pro Caecina, c. C.) 
 If there were several heredes named, without any 
 definite shares being given to them, the property 
 belonged to them in equal shares. 
 
 If the testator had a legal capacity to dispose, 
 and if his will was made in due fomi, the first in- 
 quiry as to the heres was, whether he had a legal 
 capacity to take what was given to him. He must 
 have this capacity at the time of the institution, at 
 the time of tlie testator's death, and at the time 
 of accepting the inheritance. This capacity might 
 be expressed by the words " testamenti factio," 
 an expression which had reference not only to the 
 legal capacity of the testator, but also to the legal 
 capacity of the person named heres. As a general 
 rule, only Roman citizens could be named as here- 
 des in the will of a Roman citizen ; but a slave 
 could also be named heres, though he had no power 
 to make a will, and a filius-familias could also be 
 named heres, though he was under the same in- 
 capacit}- ; for the slave, if he belonged to the testa- 
 tor, could, by testament, receive his freedom and 
 become heres ; and if he belonged to another per- 
 son, he took the inheritance for the benefit of his 
 master ; the filius-familias in like manner acquired 
 it for his father. Persons, not Roman citizens, 
 who had received the commercium, could take 
 hereditiites by testament. ( Cic. Pro Caecina, 7.32 ; 
 Savigny, ZeiUchrift, v. p. 229, &c.) 
 
 Heredes were either Necessarii, Sui et Neces- 
 sarii, or Extranei. The heres necessarius was a 
 slave of the testator, who was made a heres and 
 liber at the same time ; and he was called neces- 
 sarius, because of the necessity that he was imder 
 of accepting the hereditas. A slave Avas sometimes 
 appointed heres, if the testator thought that he was 
 not solvent, for the purpose of evading the ignomi- 
 nia wliich was a consequence of a person's pro- 
 perty being sold to pay his debts, as explained by 
 Gaius (ii. 154, &c.). The heredes sui et necessarii 
 were sons and daughters, and the sons and daugh- 
 ters of a son who were in the power of a testator ; 
 but a grandson or granddaughter could not be a 
 suus heres, unless the testator's son had ceased to 
 be a suus heres in the testator's lifetime, either by 
 death or being released from his power. These 
 heredes sui were called necessarii, because of the 
 necessity that they were under, according to the 
 civil law, of taking the hereditas with its incum- 
 brances. But the praetor allowed such persons to 
 refuse the hereditas {ahstinere se alj hercdi.tatr), 
 and to allow the property to be sold to pay the 
 
 HERES (ROMAN). 
 
 testator's debts (an instance is mentioned by 
 Cic. I'/dl. ii. IG) ; and he gave the same privi- 
 lege to a mancipated son [qui in catisa mancipii 
 est). All other heredes are called extranei, and 
 comprehend all persons wlio are not in the 
 power of a testator, such as emancipated chil- 
 dren. As a mother had no potestas over her chil- 
 dren, they were extranei heredes when named 
 heredes in her will. Extranei heredes had the potes- 
 tas or jus deliberandi, or privilege of considering 
 whether they would accept the hereditas or not ; 
 but if either extranei heredes, or those who had 
 the abstinendi potestas, meddled with the testator's 
 property, they could not afterwards dischum the 
 inheritance, unless the person who had so meddled 
 was under twenty-five years of age, and so be- 
 longed to a class who were relieved by the praetor 
 in all cases where they were overreached [Cura- 
 tor], and also in cases where they had accepted 
 an insolvent hereditas (damnosa hereditas). The 
 emperor Hadrian gave this relief to a person 
 above twenty-five years of age who had accepted 
 an hereditas, and afterwards discovered that it was 
 incumbered with a heavy debt. (Gaius, ii. 103.) 
 
 A certain time was allowed to extranei for the 
 cretio hereditatis, that is, for them to determine 
 whether they would take the hereditas or not : 
 hence the phrase cemere hereditatem. Thus, if 
 the testator had written in his will " Heres Titius 
 esto," he ought to add, " Cernitoque in centum 
 diebus proxumis quibus scies poterisque : quod ni 
 ita creveris exheres esto." (Gaius, ii. 165 ; Cic. De 
 Orat. i. 22.) If the extraneus wished to take the 
 hereditas, he was required to make a formal decla- 
 ration of his intention within the time named 
 (intra diem cretionis). The formal words of cretion 
 were " earn hereditatem adeo cernoque." Unless 
 he did this, he lost the hereditas, and he could not 
 obtain it merely by acting as heres {pro luTede 
 (jereiido). If a person was named heres without 
 any time of cretion being fixed, or if he succeeded 
 {let/iliino jure) to the property of an intestate, he 
 might become heres without any fonnal declaration 
 of his intention, and might take possession of the 
 hereditas when he pleased : but the praetor was 
 accustomed, upon the demand of the creditors of 
 the testator or intestate, to name a time within 
 which the heres should take possession, and in de- 
 fault of his doing so, he gave the creditors permis- 
 sion to sell the property. The common form of 
 cretion in the will (vH/i/arif cretio) has been already 
 mentioned. Sometimes the words " quibus sciet 
 poteritque " were omitted, and it was then spe- 
 cially called " cretio certoium dienim," which was 
 the more disadvantageous to the heres, as the days 
 began to be reckoned, or, as we say, the time 
 began to run immediately, and it was not reckoned 
 from the time when the heres knew that he was 
 named heres, and had no impediment to his 
 cretion. 
 
 It was not unusual to make several degrees of 
 heredes in a will, which was called sulistitutio. 
 Thus, in the fonnula beginning " Heres Titius," 
 &c., after the words " exheres esto," the testator 
 might add, " Tum Maevius heres esto cernitoque in 
 diebus centum," &:c. ; and he might go on substi- 
 tuting as far as he pleased. The person first 
 named as heres (priiuo gradu) became heres by 
 the act of cretion ; and, the substitutus [secundus 
 heres, Cic. Top. 10 ; Hor. ii. 5u^5.48) was then en- 
 tirely excluded. If the words " si non creveris" were 
 
HERES (ROMAN). 
 
 not followed by words of exheredation, this gave 
 some advantage to the first heres : for instance, if 
 he neglected the formality of cretion, and only acted 
 as heres, he did not lose all, but shared the hereditas 
 equally with the substituted person. This was the 
 old rule ; but a constitution of Aurelius made the 
 actiug as heres equivalent to cretion, provided such 
 acting took place within the time of cretion. (Cora- 
 pai-e Gains, ii. 177, &c., with Ulpian, Frag. xxii. 
 34.) 
 
 In the case of liberi impuberes, who were in the 
 power of a testator, there might be not only the 
 kind of substitution just mentioned {riiliinrls siib- 
 stitufiu), but the testator might declare tliat if such 
 children should live to become his heredes, and 
 should die impuberes, some other person, wliom he 
 named, should be his heres. This was expressed 
 thus, " si prius raoriatur quam in suam tutelam 
 venerit " (Cic. De Invent, ii. 42 ; 7b/). 10 ; Gains, 
 ii. 179), for tlie termination of impuberty and of 
 the tutela were coincident. [Curator.] Thus, 
 as Gains remarks, one testamentary disposition 
 comprised two hereditates. This was called pupil- 
 laris substitutio. This kind of substitution was 
 contained in a clause by itself, and in a separate 
 part of the will, which was secured by the testa- 
 tor's own thread and seal, with a provision in the 
 first part of the will that this second part should 
 not be opened so long as the son lived and was im- 
 pubes. A substitution could also be made in the 
 case of children being exheredated (disinherited) 
 by the parent's will, and the substituted person 
 then took all that the pupillus acquired by heredi- 
 tas, Icgatum (legacy) or gift. Gains observes (ii. 
 183) that all his remarks with reference to substi- 
 tution for children impuberes, when made heredes 
 or exheredated, apply to posthumous {pitstiiiiii) 
 children, of which there is an example cited by 
 Cicero {Tijjt. 10. Si hlius natus esset in decem 
 mensibus, &c.) 
 
 If an extraneus was made heres, there could be 
 no substitution to the effect, that if he died witliin 
 a certain time, another person should be /teres: for 
 though a testator could attach a condition to be 
 performed before a person could take the hereditas, 
 a person when he had once become heres continued 
 such. The case of a pupillaris substitutio, which 
 was an exception to this general nde, was probably 
 founded on the patria potestas. The heres might, 
 however, be charged with a fideicommissum, in 
 which case he was heres fiduciarius. [Fideicom- 
 missum.] 
 
 As to conditions which the heres was boimd to 
 perform, they might be any that were not contrary 
 to positive law or positive morality ; such as the 
 setting up of statues, &c. (Cic. Verr. ii. 8, 9. 14), 
 or changing the name {Ad Alt. vii. {!). 
 
 If a man's own slave was made heres by his 
 will, it was necessary that he should be made free 
 also by the will : the words were " Stichus ser- 
 vus meus liber heresque esto." If the slave were 
 not made free by the testament, he could not take 
 under it, even if he were manumitted by his 
 master, and of course he could not if he were sold ; 
 and the reason is, that the institution was not 
 valid. If he was instituted free as well as heres, 
 he became both a freeman and heres necessarius by 
 the death of his master : if he was manumitted by 
 his master in his lifetime, he might accept the in- 
 heritance or refuse it. If he was sold by his mas- 
 ter in his lifetime, he could take possession of the 
 
 HERES (ROMAN). 477 
 
 inheritance with the permission of his new master, 
 who thus became heres through the medium of his 
 slave. If the slave who was made heres was then 
 the property of another person, and not of the 
 testator, he could not take the inheritance without 
 the consent of his master, for if he took it his mas- 
 ter became heres : if such slave was manumit- 
 ted before taking possession of the inheritance, he 
 might accept it or refuse it as he pleased. 
 
 If an Ingenuus died intestate, either from 
 not having made a will, or having made a will but 
 not in due form, or having made a will in due 
 form which afterwards became invalid (rupfnm, 
 irrittim), the hereditas, according to the law of the 
 Twelve Tables, came to the heredes sui, and was 
 then called leyitima licreditas. The heredes sui 
 were " liberi " in the power of the testator at the 
 time of his death ; the term liberi comprehended 
 not only children, but the children of the testator's 
 male children, and the children of a male grand- 
 child. Adopted children were considered tlie same 
 as other children. But grandchildren could not 
 be heredes sui, unless their father had ceased to be 
 in the power of the intestate, either by deatli or in 
 any other way, as by emancipation. A wife in 
 manu being considered as a daughter, and a daugh- 
 ter-in-law (nurus) being considered a granddaugh- 
 ter, were sui heredes ; but the latter only when 
 her husband was not in the power of the intestate 
 at the time of his death, which was consistent 
 with the law in the case of grandchildren. Pos- 
 thunu)us children, who would have been in the 
 power of the intestate if he were living, were also 
 sui heredes. The sui heredes took the hereditas 
 in equal shares. If there was a son or daughter, 
 and children of a son deceased, the children of the 
 deceased son took the portion which their parent 
 would have taken. But the distribution was in 
 stirpes, that is, among tlie stocks or stems sprung 
 from the ancestor, and not in cajnta, or among the 
 individuals : thus, if there were a son, and the sons 
 of a deceased son, the son would take half of the 
 hereditas, and the sons of the deceased son would 
 take the other half, in equal shares. 
 
 If an intestate had no sui heredes, the Twelve 
 Tables gave the hereditas to the agnati. It is 
 stated under Cognati, who are agnati. The here- 
 ditas did not belong to all the agnati, but only to 
 those who were nearest at the time when it was 
 ascertained that a person had died intestate. If 
 the nearest agnatus either neglected to take the 
 inheritance or died before he had taken possession 
 of it, in neither case did the next in succession, as 
 agnatus, take the inheritance. He was the nearest 
 agnatus who was nearest at the time when it was 
 ascertained that a person had died intestate, and 
 not he who was nearest at the time of the death ; 
 the reason of which appears to be that the heredi- 
 tas was in a sense the property of the intestate 
 until his heir was ascertained, and his heir could 
 not be ascertained until it was certain that he had 
 left no will ; and as Gains observes, if he had h'ft 
 a will, still it might happen that no person would 
 be heres under that will; and accordingly it seemed 
 better, as he observes, to look out for the nearest 
 agnatus at the time when it is ascertained th.at 
 there is no heres under the will. If there were 
 several agnati in the same degree, and any one 
 refused to take his share or died before he had 
 assented to take it, such share accrued (aikrevit) 
 to those who consented to take the hereditas. 
 
478 HERES (ROMAN). 
 
 In the case of women, there were some peculi- 
 arities which arose from their legal status. The 
 hereditates of women intestate came to their agnati 
 just as the inheritances of males ; but women who 
 were beyond the degree of consanguinei (a term 
 which legally nieans brothers and sisters) coidd 
 not take hereditates ab intestato. Thus, a sister 
 might take from a brother or sister as Icgitima 
 hercs ; but an aunt or a brother's daugliter could 
 not be a legitima heres. The principle of Roman 
 law which gave to those who came into the potcs- 
 tas or nianus the quality of children of the blood, 
 was followed out in this case also : a mother or a 
 stepmother who had come in numam viri thereby 
 obtained the status of a daughter; and, consequently, 
 as to legitimate succession, there were the same re- 
 lations between such mother or stepmother and the 
 husliand's children, as there were iunong the 
 husband's children themselves. But by senatus- 
 consulta of Antoninus and Commodus, the sons of 
 a wife, not in manu, might take as her legitimi 
 heredes, to the exclusion of consanguinei and other 
 agnati. 
 
 If a person died leaving no sui heredes, but only 
 a l)rother and another brother's children, the bro- 
 ther took all as the nearest agnatus. If there was 
 no brother surviving, and only children of brethren, 
 the hereditas was divided among all the children 
 in. capita, that is, the whole was equally divided 
 among all the children. 
 
 If there were no agnati, the Twelve Tables gave 
 the hereditas to the gentiles. [Gens, p. 448.] 
 
 Gains (iii. 18) briefly recapitulates the strict 
 law of the Twelve Tables as to the hereditates of 
 intestates : — emancipated children could claim no- 
 thing, as they had ceased to be sui heredes : the 
 same was the case if a man and his chUdrcn were 
 at the same time made Roman citizens, unless the 
 imperator reduced the children into the power of 
 the father: agnati who had sustained a capitis 
 diminutio were excluded, and consequently a son 
 who had been given in adoption, and a daughter 
 who was married and in manu viri : if the next 
 agnatus did not take possession, he who was next 
 in order could not for that reason make any claim : 
 cognati, whose kinship depended on a female, had 
 no mutual rights as to their hereditates, and con- 
 sequently there were no such mutual rights be- 
 tween a mother and her children, unless the mother 
 had come in manum viri, and so the rights of con- 
 sanguinity had been established between them. 
 
 If a man had a son in his power, he was bound 
 either to make him heres, or to exheredate (exlmre- 
 d(ire) him expressly (noviinaiim). If he passed 
 him over in silence {sikMio jyraeterierit), the will 
 was altogether void (inuiilc, non jure facluni). 
 I Some jurists were of opinion that even if the son, 
 so passed over, died in the father's lifetime, there 
 could be no heres under that will. (Gains, ii. 123, 
 iS:c.) Other liberi coidd be passed over, and the 
 will would still be a valid will ; but the liberi so 
 passed over took a certain portion of the hereditas 
 ailcrescemlo, as it was termed, or jure adcrescendi. 
 For instance, if the heredes instituti were sui, the 
 person or persons passed over took an equal share 
 with them. If the heredes instituti were extranei, 
 the person or persons passed over took a half of 
 tlie whole hereditas ; and as the praetor gave the 
 contra tabulas bononmi possessio to the person so 
 passed over, the extranei were deprived of all the 
 hereditas. A rescript of the emperor Antoninus 
 
 HERES (ROMAN). 
 
 limited the amount which women coidd take by the 
 bononnn possessio to that which they could take 
 jure adcrescendi ; and the same was the law in the 
 case of emancipated females. 
 
 1 1 was necessary to exheredate posthumous chil- 
 dren vu)iiinii/iiii, otherwise llie will, which was 
 originally valid, became invalid {ruptum) ; and the 
 will became invalid by the birth either of a pos- 
 thumous son or daughter, or as the phrase was, 
 adgnascendo rumpitur testamentum. (Cic. DcOr.i. 
 57.) Postumi were not only those who were born 
 after the testator's death, but also those who might 
 become the sui heredes of the testator by the death 
 of some other person in the testiitor's lifetime. 
 Thus, if a testator's son, who was in his power, 
 had cliildren, and the son died in the testator's 
 lifetime, the grandchildren became sui heredes, and 
 the testament became ruptum by this quasi agnatio : 
 it was therefore a necessaiy precaution to institute 
 as heredes or to exheredate such grandchildren. 
 It follows that if the testament could be made in- 
 valid by this quasi agnatio, it must have become 
 invalid by a son being born in the lifetime of the 
 testator, unless the will had provided for the case ; 
 for it became invalid if the testator adopted a son 
 or a daughter (Ulpian) either by adrogation or 
 adoption properly so called, after the date of his 
 will. The case was the same if he took a wife in 
 manum after the date of the will. 
 
 The word Postumus has clearly the same signi- 
 fication as Postremus, and literally means a child 
 bom last. The passage of Gains is defective where 
 he treats of Postumi ; but the definition of Postumi, 
 as preserved in the Breviarium, appears to be 
 exact : " Postumorum duo genera sunt : quia 
 postumi adpellantur hi, qui post mortem patris de 
 uxore nati fuerint, et illi qui post testamentum 
 factmn nascuntur." Sometimes the word postumus 
 is defined only as a child born after a father's 
 death, as we see in some of the Glossae ; but there 
 is no proof that the meaning was limited to such 
 children ; and the passages sometimes cited as be- 
 ing to that effect (Dig. 50. tit. IG. s. 104 ; 28. tit. 
 3. s. 3) have merely been misunderstood. 
 
 Other cases in which a valid testamentum 
 became ruptum or irritum, are more properly con- 
 sidered under Testamentum. 
 
 The strictness of the old civil law was modified 
 by the praetorian law, which gave the bononnn 
 possessio to those who could not take the hereditas 
 by the rules of the civil law. [Bonorum Posses- 
 sio.] 
 
 The heres represented the testator and intestate 
 (Cic. Leif. ii. 19), and had not only a claim to all 
 his property, but was bound by all his obligations, 
 lie succeeded to the sacra privata, and was bound 
 to maintain them, but only in respect of tlie pro- 
 perty, for the obligation of the sacra privata was 
 attached to property and to the heres only as the 
 owner of it. Hence the expression " sine sacris 
 hereditas" meant an hereditas unencmnbered with 
 sacra. (Plaut. Cajd. iv. I ; Festus, s. v. Sine sacris 
 hereditas.) 
 
 The legislation of Justinian released the heres, 
 who accepted an hereditas, from all the debts and 
 obligations of the testator or intestate, beyond 
 what the propertj' would satisfy, provided he made 
 out an inventory (inventai-ium) of the property in 
 a certain form and within a given time. (Cod. vi. 
 tit. .30. s. 22.) 
 
 The hercs could claim any property which be- 
 
HERES (ROMAN). 
 
 loiigpd to his testator or intestate by the herodita- 
 tis jjetitio, which was an actio in rem, and properly 
 belonaed to a heres only, tlioHgh it was afterwards 
 given to the lionorum possessor. I'"ach lieres claim- 
 ed only his share. (Cic. /»-o Hose. Com. c. If!.) 
 
 The coheredcs shared among themselves the pro- 
 perty, and bore their share of the debts in the same 
 proportions. For the purpose of division and set- 
 tling the affairs of the testator, a sale was often 
 necessary. (Cic. Alt. xi. 1.5.) If the parties conld 
 not agree about the division of the propert}', any 
 of thi'ui might have an actio familiae erciscundae 
 [Kamiliak Kiw. Ac] 
 
 The hereditas might be alienated by the forni of 
 in jure cessin. The heres legitimus might alienate 
 tlie hereditas before he took possession of it, and 
 the purchaser then became heres, just as if he had 
 been the legitinuis heres. The scriptus heres coidd 
 only alienate it after the aditio : after snch aliena- 
 tion by him, or by the heres legitimus after aditio, 
 both of them still remained heredes, and conse- 
 quently answerable to creditors, but all debts due 
 to them as heredes were extinguislied. 
 
 The hereditates of freedmen are more properly 
 considered mider LiiiEirn and Patroni. 
 
 IJefore it was detennined who was heres, the 
 hereditas was without an owner, and was said 
 "jacere." When a heres was ascertained, snch 
 person was considered to possess all the rights in- 
 cident to the hereditas from the time of the death 
 of the testator or intestate. But this d<ies not ex- 
 plain how we arc to view the hereditas in tlie in- 
 terval between the death of the former owner and 
 the time when the heres is ascertained. During 
 such interval, according to one form of expression 
 used by the Roman jurists, the hereditas is a juris- 
 tical person {vice personw fun(iilur), and is the 
 domina, that is the domina of itself; according to 
 another form of expression, it represents the de- 
 funct, and not the person of the future heres. 
 These two forms are the same in meaning, and 
 they exjiress a fiction which has relation to the 
 legal capacity of the defunct, and not to that of the 
 future heres, and which does not involve the no- 
 tion of any juristical personality of the hereditas. 
 The relation to the legal capacity of the defunct is 
 this: — Slaves generally belonged to an hereditas. 
 A slave, as is well known, could acquire property 
 for his living master, even without his knowledge ; 
 but the validity of the act of acquisition, in some 
 cases, depended on the legal capacity of his master 
 to acquire. Now, while the hereditas was without 
 an ascertained owner, m.any acts of a slave by 
 ■which the hereditas might receive additions, were 
 strictly void, and such acts could only have their 
 legal effect on the supposition that the slave had 
 an owner of a sufficient legal capacity ; and accord- 
 ingly, the fiction of law gave validity to the act of 
 the slave by relation to the known legal capacity 
 of the late owner, and not by relation to the yet 
 unascertained owner who might not have such 
 legal capacity. The following are examples : — 
 " When a Roman, who had a legal capacity to 
 make a will, died intestate, and another person 
 appointed as his heres a slave, who belonged to 
 this hereditas which was still without an owner, such 
 institution of a heres would be valid by virtue of 
 this fiction, because it had reference to the legal 
 capacity of the defunct. If there had been no such 
 fiction, the validity of the institution would have 
 been doubtful, for the unascertained legitimus heres 
 
 HERMAE. 47!) 
 
 might he an intestabilis, who (at least according to 
 the old law) could not be instituted heres. — If a 
 soldier died and left a will, which was not yet 
 opened, another testator might institute as heres a 
 slave belonging to the soldier's hereditas, l)ecause 
 the institution, according to this fiction, had refer- 
 ence to the deceased ; but if there were not this 
 fiction, the institution might be void, inasmuch as 
 the unascertained heres might be a peregrinus who 
 had no testamentifactio with this other testat(n\ — 
 It was to provide for such cases as these only, that 
 this fiction was introduced ; aiul it had no other 
 object than to facilitate certain acfjuisitions by 
 means of the slaves who belonged to an here- 
 ditas." 
 
 This masterly exposition is by Savigny (Si/slciii. 
 drs hriit. R. 303). 
 
 (Gains, ii. .0!)— 1.00, iii. 1—24 ; Ulpian, Fra-q. ; 
 Dig. 28, 2!) ; Iiiiit. ii, iii.) [G. L ] 
 
 HERMAE, iUmiii. HERMULAE ('Ef-^iori. 
 The Greeks originally made use of unhewn stones 
 [dfr/ol \l9oi) to represent their divinities. (Pans, 
 vii. 22. § 3.) The first improvement was to cut 
 these stones into square blocks, thirty of which 
 were exhibited to Pansania,s in the city of Pharai". 
 (Pans. I.e.) In the course of time, the s(iuare 
 block was surmounted by the liead of the deity it 
 represented. Many images of this kind are de- 
 scribed by Pausanias ; one of Poseidon atTricohmi 
 in Arcadia (viii. 35. § G), another of Zeus TtAeios 
 at Tegea {ih. 48. g 4), and another of Aphrodite 
 Urania at Athens (i. LO. § 2). It is probable that 
 the first statues of this imjn-oved nature were those 
 of Hermes or Mercury, from whom they received 
 their name ; but the term was applied generally to 
 that particular class of statues termed ifjyaalat 
 T€pdyti>voi, or (Tx^i"aTa TeTpa.yu>va (Thucyd. vi. 
 27 ; Pans. iv. 33. § 4), even though the busts of 
 other divinities or persons of either sex surmount- 
 ed the pedestal. 
 
 In these works, the invention of which is ascrib- 
 ed to tlie Athenians by Pausanias, the only parts 
 of the human body developed were the head and 
 sexual organs. But when the sculptor's art was 
 still further perfected, the whole torso was placed 
 upon a pedestal; and finally the pedestal itself was 
 sometimes chiselled to indicate the separation of 
 the legs, as may be seen in a tetragonal female 
 statue in the Villa Albani (Winkclm. Storia dellc 
 Arte, torn. 1. tav. 1). Two other forms of the 
 Hermae may be seen in the British Museum. 
 (Chamber 1. No. 3 ; Chamber 3. No. 3.5.) 
 
 Houses in Athens had one of these statues 
 placed at the door (Thucyd. vi. 27 ; Aelian. Var. 
 Hki. ii. 41), which were worshipped by the 
 women as instrumental to fecundity, though not in 
 the most delicate manner (see bas-relief in Bois- 
 sarde, Ai/tu/. Roman, part 1), and the great super- 
 stition attached to them is shown by the alarm and 
 indignation which were felt at Athens in conse- 
 quence of the mutilation of the whole nmuber 
 in a single night, just before the sailing of the 
 Sicilian expedition. (Thucyd. vi. 27 ; Andoc. de 
 Must.) 
 
 They were likewise placed in front of temples, 
 near to tombs, in the gymnasia, libraries, and 
 public places, at the corners of streets and high 
 roads as sign posts, and some are still to be seen at 
 Athens with the names of victors in the gjaunastic 
 contests inscribed upon them. (Leake, ^1 //«-«»■, p. 17. 
 1 n. 1.) Amongst the Romans particularly, they 
 
480 
 
 *E2TI'A2I2. 
 
 were used for boundary land-marks, either in 
 their primitive form of large stones, or with 
 busts upon them, whence they were styled ter- 
 mini, and lupitlcs Icnninales (Amm. IMarc. xviii. 
 2. 15; compare TibuU. i. iii. 44; Virg. Acu. 
 xii. 897), and as posts for ornamental railings 
 to a garden, in which case they were com- 
 mon!- " corated with the busts of philosophers and 
 eminent men, some of which may be seen at tlie 
 Vatican, with the square holes in their shoulders 
 into which the transverse rail was inserted. 
 
 As the square ]>art of the statue represented 
 Mercury (Cic. inl Alt. i. 8), his name is often com- 
 pounded with tluit of the deity whose bust it sup- 
 ports. Thus, the Hcrmathcna which Atticus sent 
 from Athens to Cicero {ad Att. i. 1. 4) bore the 
 bust of Minerva; the Henncradac {ili. 10) those 
 of Hercules. The story of Ilermaphroditus had 
 probably its origin in some ancient statue of this 
 description, where the square Mercury was sur- 
 nuiunted by a female torso, like the one in the 
 British Museum (Chamber (J. No. 66). 
 
 For the application of the Heniiae and Hermulae 
 in the circus, see p. '2;il, 232. A. R. 
 
 HERi\IAEA ("Epyuoia), festivals of Hermes, 
 celebrated in various parts of Greece. As Hermes 
 was the tutelarj' deity of the gymnasia and palaes- 
 trae, the boys at Athens celebrated t!ie Hennaea 
 in the gymnasia. They were on this occasion 
 dressed in their best, offered sacrifices to the god, 
 and amused themselves with various games and 
 sports, which were probably of a more free and un- 
 restrained character than usual Hence the gjmi- 
 nasiarch was prohibited by a law of Solon (Aeschin. 
 c. Timurch. p. 3ii) from admitting any adults on the 
 occasion. This law, however, was aftrrwarils neglect 
 ed, and in the time of Plato (Li/sis. p. ■_'(!(;. d. &c.) 
 we find the boys celebrating the Hermaea in a 
 palaestra, and in the presence of persons of all ages. 
 (Becker, ChariUes, i. p. 335, &.C.; compare Gym- 
 nasium, p. 462.) 
 
 Hermaea were also celebrated in Crete, where, 
 on this occasion, the same custom prevailed which 
 was observed at Rome during the Saturnalia ; for 
 the day was a season of freedom and enjojnnent 
 for the slaves, and their masters waited upon them 
 at their repasts. (Athen. xiv. p. 639.) 
 
 The town of Pheneos, in Arcadia, of which 
 Hennes was the principal divinity, likewise cele- 
 brated Hennaea \vith games and contests. (Paus. 
 viii. 14. § 7.) A festival of the same kind was 
 cekbrated at Pellene. (Schol. ad Pi«ri. O/. vii. 156, 
 and Nem. x. 82.) Tanagra, in Boeotia (Paus. ix. 
 22. § 2), and some other places, likewise celebrated 
 festivals of Hermes, but particulars are not known. 
 
 [L. S.] 
 
 HERMATHE'NA. [Hkrmae.] 
 HERMERACLAE. [Hermae.] 
 'HPn'A. [FuNU.s, p. 447.] 
 'ESTI'A. [Focu.s.] 
 
 'E5Tl'A2I2 was a species of liturgy, and con- 
 sisted in giving a feast to one of the tribes at Athens 
 (TTjf (pvKrjv iariav, Demosth. c. ]\Icid. p. 565. 10; 
 Pollux, iii. 67).) It was provided for each tribe 
 at the expense of a person Ix'longing to that tribe, 
 who wa.s called euTiaTtop. (Demosth. c. Bucut. p. 
 996. 24.) Harpocration (s.r. 'Eartaroip) btates on 
 the authority of the speech of Demosthenes against 
 Meidias, that this feast was sometimes provided by 
 persons voluntarily, and at other times by persons 
 appointed by lot ; but, as Bikkh remarks, nothing 
 
 'ETAI'PAI. 
 
 of this kind occurs in the speech, and no burthen 
 of this description could have been imposed upon a 
 citizen by lot. Tiie ecmoTopes were doubtless 
 appointed, like all persons serving liturgies, accord- 
 ing to the amount of their property in some regu- 
 lar succession, These bin(iuets of the tribes, called 
 (pvXeTiKa SeTirua by Athenaeus (v. p. 185. d.), 
 were introduced for sacred purposes, and for keep- 
 ing up a friendlj' intercourse between persons of 
 the same tribe, and must be distinguished from the 
 great feastings of the people, which were defrayed 
 from the Theorica. (Biickh, PiM. Ecun. of Alliens, 
 ii. p. 221 ; Wolf Proley. ad Demosth. Leptin. p. 
 Ixxxvii. note 60.) 
 
 'ETAI'PAI. The word ira'ipa originally only 
 signified a friend or companion, but at Athens, and 
 other towns of Greece, it was afterwards used as a 
 euphemistic name for Tropvri, that is, a prostitute or 
 mistress. (Plut. So/on, c. 15 ; Athen. xiii. p. 571.) 
 As persons of this class acted a much more promi- 
 nent and influential part in some of the Greek 
 states than in any of the most demoralized capitals 
 of modem times, we cannot avoid in this work to 
 state their position and their relations to otiier 
 classes of societj'. But as their conduct, manners, 
 ensnaring artifices, and impositions, have at all 
 times and in all countries been the same, we shall 
 confine ourselves to those points which were pecu- 
 liar to the hetaerae in Greece. 
 
 First we may mention that the J'oung men at 
 Atliens, previous to their marriage, spent a great 
 part of their time in the company of hetaerae with- 
 out its being thought blamable in any respect 
 whatever. Marriage, indeed, produced on the 
 whole a change in this mode of living of young 
 men, but in innumerable instances even married 
 men continued their intercourse with hetaerae, 
 without drawing upon themselves the censure of 
 public opinion ; it seems, on the contrary, evident 
 from the manner in which Demosthenes (c. jVccu-r. 
 p. 1351, &C.) relates the history of Lysias the 
 sophist, that such connections after marriage were 
 not looked upon as anything extraordinary or in- 
 consistent, provided a man did not offend against 
 public decency, or altogether neglect his legiti- 
 mate wife and the affairs of his household, as 
 was the case with Alcibiades. (Andoc. c. Alcib. p. 
 117.) This irregular condition of private life 
 among the Greeks seems to have arisen chiefly 
 from two causes ; first from the great love of sen- 
 sual pleasures, which the Greeks appear to have 
 possessed even in a much higher degree than most 
 other southern nations; and, secondly, from the 
 generally prevailing indifference between husbands 
 and wives. As regards the latter point, matrimo- 
 nial life in the historical times of Greece was very 
 different from that wliich we find described in the 
 heroic age. How this change was brought about 
 is not clear ; but it can scarcely be doubted 
 that, generally speaking, the Greeks looked upon 
 marriage merely as a means of producing citizens 
 for the state. (Demosth. c. Neaer. p. 1 386 ; Becker, 
 Charities, ii. p. 215, &c.) The education of women 
 was almost entirely neglected ; they were thought 
 a kind of inferior beings, less endowed by nature, 
 and incapable of taking any part in public affairs 
 and of sympathisir.g with their husbands. In an in- 
 tellectual point of view, therefore, they were not 
 fit to be agreeable companions to their husbands, 
 who consequently sought elsewhere that which 
 they did not find at home. It is true the history 
 
'ETAI'PAI. 
 
 'ETAI'PAI. 
 
 48] 
 
 of Greece furnishes many pleasing examples of do- 
 mestic happiness, and well-educated women, but 
 those are exceptions, and only confinn the general 
 rule. A consequence of all this was, that women 
 were bound down by rules which men might vio- 
 late with impunity ; and a wife appears to have luid 
 no right to proceed against her husband, even if 
 she could prove that he was unfaithful (Plant. Alcr- 
 ait. iv. G. 3), although she herself was subject to 
 severe punishment if she was detected. The iso- 
 lated testimony of a late writer like Alciphron 
 ( ICjiist. i. (i ), wlio represents a wife threatening 
 her husband, that unless he would give up his dis- 
 solute mode of living, she would induce her father 
 to bring a charge against him, can, as Recker 
 'Cliarikles, i. p. 11 "2) observes, prove nothing, in- 
 asmuch as a neglect of family affairs might, in tliis 
 case, have been the ground for accusation. 
 
 But to return to the hetaerae ; the state not 
 only tolerated, but protected them, and obtained 
 prolit from tliem. Solon is said to have estiiblish- 
 ed a iropfcioi' (also called iraihidK^'iov^ ipyaar-ijpioy 
 or olKtjfj.a), in which prostitutes were kept (Athen. 
 xiii. p. .56y), and to have built the temple of Aph- 
 rodite Pandemus with the profit which had been 
 obtained from them. At a later period the num- 
 ber of such houses at Athens was increased, and 
 the persons who kept them were called tropvoSoa- 
 Ko't, Icnotics. The conduct of the hetaerae in these 
 houses is described in Athenaeus (xiii. p. 568). 
 All the hetaerae of these houses, as well as iiulivi- 
 duals who lived by themselves and gained their 
 livelihood by prostitution, had to pay to the state 
 a tax (iropviKov reKos, Acsch. c. TimarcL p. 1 34, 
 &c.), and the collecting of this tax was every year 
 let by the senate to such persons [reXuvai, or 
 TropvoTikuvai, Philonides, u]i. PoUuj:, vii. 202) 
 as were best acquainted with those who had to pay 
 it. The hetiierae were under the superintendence 
 of the a.yopau6ixoi (Suidas, s. v. Aidypafxixa), and 
 their places of abode were chiefly in the Cerami- 
 cus. (llesych. s. i: KepafieiKds.) 
 
 The number of private hetaerae, or such as did 
 not live in a ivopviwv, was very great at Athens. 
 They were, however, generally not mere [irosti- 
 tutes, but acted at the same time as Hute or citliara 
 players, and as dancers, and were as such fre- 
 quently engaged to add to the splendour of 
 family sacrifices (Plant. Epkl. iii. 4. 64), or to en- 
 liven and heighten the pleasures of men at their 
 symposia. Their private abodes, where often two, 
 three, and more lived together, were also fre(iuently 
 places of resort for young men. {Isticvai. Armpag. 
 p. 202. Bekker.) Most of these hetaerae not only 
 took the greatest care to preserve their physical 
 beauties, and to acquire such accomplishments as 
 we just mentioned, but paid considerable attention 
 to the cultivation of their minds. Thus the Arca- 
 dian Lastheneia was a disciple of Plato (Athen. 
 xii. p. 546), and Leontion a disciple of Epicurus 
 (Athen. xiii. p. 5fi!i) ; Aspasia is even said to have 
 instructed Socrates and Pericles. Whatever we 
 may think of the historical truth of these and simi- 
 lar reports, they are of importance to the historian, 
 inasmuch as they show in wiiat light these hetae- 
 rae were looked upon by the ancients. It seems 
 V> have been owing, especially to their superiority 
 in intellectual cultivation over the female citizens, 
 that men preferred their society and conversation 
 to those of citizens and wives, and that some 
 hetaerae, such as Aspasia, Lais, Phryne, and 
 
 others, formed connections with the most eminent 
 men of their age, and acquired considerable influ- 
 ence over their cotemporaries. The free and un- 
 restrained conduct and conversation, which were 
 not subject to the strict conventional rules which 
 honest women had to observe ; th'"'- wit and 
 humour, of which so many instances are recorded ; 
 were well calculated to ensnare young men, and to 
 draw the attention of husbands away from their 
 wives. Women, however, of the intellect and 
 character of Aspasia were exce])tions ; and even 
 Athenian citizens did not scruple to introduce 
 their wives and daughters to her circles, that they 
 might learn there the secrets by which tlu;y might 
 gain and preserve the aifections of their husl)ands. 
 The disorderly life of the majority of Greek hetaerae 
 is nowhere set forth in better colours than in the 
 works of the writers who belong to the so-called 
 school of the middle comedy, and in the plays of 
 I'lautus and Terence ; with which may be compared 
 Demosth. c. Ncaer. p. 1355, &c., and Athen. book 
 xiii. It was formerly supposed that at Athens 
 a peculiar dress was by law prescribed to the 
 hetaerae, but this opinion is without any founda- 
 tion. (Bekker, Churiklcs, i. p. 126, &c.) 
 
 The town most notorious in Greece for the num- 
 ber of its hetaerae, as well as for their refined man- 
 ners and beauty, was Corinth. (Plato, l)e Rep. 
 iii. p. 404 ; Dio Chrysost. Ontt. xxxvii. p. 119. 
 Reiske; Aristopli. IHut. 149, with the Schol.; 
 and Schol. ud Lysisir. 90; Athen. xiii. p. 573, &c.; 
 MUller, Z»or. ii.' 10. 7.) Strabo (viii. G. p. 211. 
 Tauchnitz) states that the tem])le of Aphrodite in 
 this town possessed more than one thousand heUie- 
 rae, who were called Up6ZovKoL, and who were 
 the ruin of many a stranger wlio visited Corinth. 
 (Wachsmuth, IlcUe?!. Alterth. ii. 2. p. 48 and p. 
 299.) Hence the name Kopivdla K6pri was used 
 as synonymous with eralpa, and KopivBid^eadat 
 was equivalent to ^Taipiiv. (Eustath. lul Iliud. ii. 
 570.) At Sparta, and in most other Doric states, 
 the hetaerae seem never to have acquired that im- 
 portance which they had in other parts of Greece, 
 and among the Greeks of Asia IVIinor. 
 
 An important question is who the hetaerae gene- 
 rally were ? The Up6Zou\oi of Corinth were, as 
 their name indicates, slaves belonging to Aphro- 
 dite ; and their prostitution was a kind of service 
 to the goddess. Those iropvai who were kept at 
 Athens in public houses by the TropvoSocTKo'i, were 
 generally slaves belonging to these TropvoSoaKol, 
 who compelled them to prostitution for tlie sake of 
 enriching themselves thereby. The owners of these 
 TtSpvai were justly held in greater contempt than 
 the unhappy victims themselves. Sometimes, how- 
 ever, they were real prostitutes, who voluntarily 
 entered into a contract with a iropvoSoaKSs: others 
 again were females who had Ijeen educated in 
 better circumstances and for a bettor fate, but had 
 by misfortunes lost their liberty, and were compelled 
 by want to take to this mode of living. Among 
 this last class we may also reckon those girls who 
 had been picked up as young children, and brought 
 up by TTopvuSocTKoc for the purpose of prostitution. 
 An instance of this kind is Nicarete, a freed 
 woman, who had contrived to procure seven 
 young children, and afterwards compelled them to 
 prostitution, or sold them to men who wished to 
 have the exclusive possession of them. (Demosth. 
 e. Neaei: p. I35L &c.) Other instances of the 
 same kind are mentioned in the comedies of Plan- 
 
482 
 
 'lEPonoioi'. 
 
 HILARIA. 
 
 tus. (Compare Isaeus, Dc Philoctem. hered. p. 
 143.) Thus all prostitutes kept in public or private 
 houses were either real slaves or at least looked 
 upon and treated as such. Those hetaerae, on the 
 otlier hand, who lived alone cither as mistresses of 
 certain individuals or as common hetaerae, were 
 almost invarialjly strangers or aliens, or freed- 
 women. The cases in which daughters of Athe- 
 nian citizens adopted the life of an hetaera, as 
 Lamia, the daughter of Cleanor, did (Athen. xiii. 
 p. 577), seem to have occurred very seldom; and 
 whenever such a case happened, the woman was l)y 
 law excluded from all public sacrifices and offices, 
 sank down to the rank of an alien, and as such be- 
 came subject to the -iropvtKov re\os : she generally 
 also changed her name. The same degradation 
 took place when an Athenian citizen kept a irop- 
 veTov, which seems to have occurred very seldom. 
 (Bockh, PuM. Ecrm. of Athens, ii. p. 49.) 
 
 (Fr. Jacobs, Beitr'dyc Ztir O'esc/i. des Weiblich. 
 GescMecIds, in his Vrniiisi-Zi/e Srii rifleti, vol. iv. ; 
 Becker, CkiriUes, i. p. l(l') — l-Jli, and ii. p. 414 — 
 489 ; Limburg-Iirnuwer, llistnirc ile la Civilisation 
 Morule et Kc/ii/ieusc den (Irecs; Wachsmuth. 
 Helleit. Altcrth. ii. 2. p. 4.% &c.) [L. S.] 
 
 'ETAIPH'2En2 rPA4>H'. This action was main- 
 tainable against such Athenian citizens as had ad- 
 ministered to the unnatural lusts of another ; but 
 only if after such degradation they ventured to ex- 
 ercise their political franchise, and aspire to bear 
 office in the state. From the law, which is recited 
 by Aeschines (c. Tiinarcli. p. 47), we learn that 
 such offenders were capitally punished. The cause 
 was tried by the court of the thesmothetae. (Meier, 
 Att. Pi-oc. ?,U.) [J. S. M.] 
 
 'ETAIPI'AI. ["EPANOI.] 
 
 HEXA'PHORUM. [Lkctica.] 
 
 'lEPErON. [Saciuficium.] 
 
 'lEPO'AOTAOI. ['ETAI'PAI, p. 481.] 
 
 'lEPOMANTEI'A. [DiviNATio, p. 347.] 
 
 HI RR( )MNE'MONES (iVMi'5{M<"'«) were the 
 more honourable of the two classes of representa- 
 tives wlio composed the Amphictyonic council. 
 An account of them is given under Amphictyons, 
 p. 39. We also read of hicromnemones in Grecian 
 states, distinct from the Amphictyonic representa- 
 tives of this name. Tlius the priests of Poseidon, 
 at Megara, were called hicromnemones (Plutarch, 
 Si/mp. viii. 8. § 4) ; and at Byzantium, which was 
 a colony of JVIegara.thc cliief magistrate in the state 
 appears to liave been called by this name. In a 
 decree of Bj'zantium, quoted by Demosthenes 
 {pro Coron. p. 255. 20 ; compare Polyb. iv. 52. § 
 4), an Hieromnemon is mentioned, who gives his 
 name to the year ; and we also find the same word 
 on the coins of this city. (Eckhel, Docti: Num. 
 vol. ii. p. 31, &c.) At Chalcedon, another colony 
 of Megara, an hieromnemon also existed, as is 
 proved by a decree which is still extant. (Miiller, 
 Dor. iii. 9. § 10.) An inscription found in Thasos 
 also mentions an hieromnemon who presided 
 over the treasury. (Bockh, Co7p. Iiiscrij). vol. ii. 
 p. 183, 184.) 
 
 HIEROM'CAE. [Athletae, p. 109.] 
 
 'IEP04>A'NTH2. [Eleusinia.] 
 
 'lEPOnOIOI' were sacrificers at Athens, of 
 whom ten were appointed every year, and con- 
 ducted all the usual sacrifices, as well as those 
 belonging to the quinquennial festivals, with the 
 exceyition of tliose of the Panathenaea. (Pollux, 
 viii. 107; Photius, s. v. 'Upoiroiot.) Thej- arc 
 
 frequently mentioned in inscriptions. (Bockh, 
 Corp. Itiscr. vol. i. p. 250.) The most honourable 
 of these officers were the sacrificers for the revered 
 goddesses or Eumenides (Jepoiroiol tois (Tf/xi'aTs 
 ^eats), who were chosen by open vote, and pro- 
 bably only perfbnned the commencement of the 
 sacrifice, and did not kill the victim themselves. 
 (Demosth. c. Mcid. p. 552. 6 ; Bockh, Publ.Econ. 
 of Athens, i. p. 288.) 
 
 'IEP02rAI'A2 FPA-tH'. The action for sacri- 
 lege is distinguished from the K\oirl]s Upuv XPV- 
 fidrwv ypacpyj, in that it was directed against the 
 offence of robbery, aggravated by violence and de- 
 secration, to which the penalty of death was award- 
 ed. In the latter action, on the contrary, the theft 
 or embezzlement, and its subject matter, only were 
 taken into consideration, and the dicasts had a 
 power of assessing the penaltj' upon the conviction 
 of the offender. With respect to the tribunal be- 
 fore which a case of sacrilege might have been 
 tried, some circumstances seem to have produced 
 considerable differences. The ypa(pv might be pre- 
 fcri-ed to the king archon, who would thereupon 
 assemble the areiopagus and preside at the trial, or 
 to one of the thesmothetae in his character of chief 
 of an ordinarj- Heliastic bod}'; or, if tlie prosecution 
 assumed the form of an apagoge or ephcgcsis, would 
 fall within the jurisdiction of the Eleven. Before 
 the first-mentioned court it is conjectured ( Meier, 
 Att. Proc. 307 ) that the sacrilege of the al- 
 leged spoliation, as well as the fact itself, came in 
 question ; that the thesmothetae took cognizance 
 of those cases in which the sacrilege was ob- 
 vious if the fact were establislied ; and that the 
 Eleven had jurisdiction when the criminal appear- 
 ed in the character of a common robber or burglar, 
 suiprised in the commission of the offence. In all 
 these cases the convict was put to death, his pro- 
 perty confiscated, and his body denied burial with- 
 in the Attic territory. There is a speech of Lysias 
 {pro Callia) extant upon this subject, but it adds 
 little to our knowledge ; except that slaves were 
 allowed upon that occasion to appear as informers 
 against their master — a resident alien — and antici- 
 pated their emancipation in the event of his con- 
 viction. [J. S. M.] 
 
 IIILA'RIA (I'Aopia) seems originally to have 
 been a name which was given to any day or sea- 
 son of rejoicing. The hilaria were, therefore, ac- 
 cording to Maximus Monachus {Schol, ad Dionys. 
 Arcopay. Epist. 8) either private or public. Among 
 the former he reckons the day on which a person 
 married, and on which a son was born ; among the 
 latter, those days of public rejoicings appointed by 
 a new emperor. Such days were devoted to gene- 
 ral rejoicings and public sacrifices, and no one was 
 allowed to show any symptimis of grief or sorrow. 
 
 But the Romans also celebrated hilaria, as a 
 feria stativa, on the 25th of March, in honour of 
 Cybele, the mother of the gods (Macrob. Sat. i. 
 21) ; and it is probably to distinguish these hilaria 
 from those mentioned above, that Lanipridius 
 {Alemud. Sever, c. 37) calls them Hilurin jMutris 
 Drum. The day of its celebration was the first 
 after the vernal equinox, or the first day of the 
 j ear which was longer than the night. The winter 
 with its gloom had passed away, and tiie first day 
 of a better season was spent in rejoicings. (Flav. 
 Vopisc. Atirelian. c. 1.) The manner of its cele- 
 bration during the time of the republic is unknown, 
 except that Valerius Maxinms (ii. 4. 3.) mentions 
 
HISTRIO. 
 
 HISTRIO. 
 
 483 
 
 games in honour of the raotlier of the gods. Re- 
 specting its celebration at the time of tlu' em])ire, 
 we learn from Herodian (i. 10, 11 ) that, among 
 other things, there was a solemn procession, in 
 which the statue of the goddess was carried, and 
 before this statue were carried tlie most costly 
 specimens of plate and works of art belonging 
 either to wealthy Romans or to the emperors them- 
 selves. All kinds of games and amusements were 
 allowed on this day; masquerades were the most 
 prominent among them, and every one might, in 
 his disguise, imitate whomsoever he liked, and 
 even magistrates. 
 
 The hilaria were in reality only the last day of 
 a festival of Cybele, which commenced on the 2'2i 
 of March, and was solemnised by the Galli with 
 various mysterious rites. (Ovid, Fast. iv. 337, &:c.) 
 It may also be observed that the hilai'ia are neither 
 mentioned in the Roman calendar nor in Ovid's 
 Fasti. [L. S.] 
 
 'IMA'TION. [PALLIUiM.] 
 
 'innAPM02TH'2. [Army (Greek), p. 89.] 
 
 HIPPOPE'RAE ( I'TTTroTrTjpoi ), saddle-bags. 
 This appendage to the saddle [Ephippium] was 
 made of leather {sacculi scortei, Festus, s.v. Bul- 
 </(«>), and does not appear ever to have changed its 
 form and appearance. Its proper Latin name was 
 hisaccium (Petron. Sat. 31), which gave origin to 
 lisaccia in Italian and hcsace in French. By the 
 Gauls, saddle-bags were called huUjae (Festus, /. c. ; 
 Ononiast. Gr. Lcit.)^ because they bulge or swell 
 outwards ; this significant appellation is still re- 
 tuned in the Welsh bolt/an or htdgan. The more 
 elegant term hijyj^operac is adopted by Seneca 
 {Episi. 88), when in recommendation of the habits 
 of frugality, he cites the example of Cato the 
 censor, who rode with saddle-bags for the convey- 
 ance of whatever was necessary to him in travel- 
 ling- [J. Y.] 
 
 'I2TO'2. [Malus.] 
 
 HI'STRIO, an actor. 
 
 1. Greek Actors {yiroKpnai). It is shown 
 in the articles Chorus and Dionvsia that the 
 Greek drama originated in the chorus which at 
 the festivals of Dionj-sus danced around liis altar, 
 and that at first one person detached himself from 
 the chorus, and, with mimic gesticulation, related 
 his story either to the chorus or in conversation 
 with it. If the storj' thus acted required more 
 than one person, they were all represented in suc- 
 cession by the same actor, and there was never 
 more than one person on the stiige at a time. This 
 custom was retained by Thespis and Phrynichus. 
 But it was clear that if the chorus took an active 
 and independent part in such a play, it would 
 have been obliged to leave its original and charac- 
 teristic sphere. Aeschylus therefore added a 
 second actor, so that the action and the dialogue 
 liccame independent of the chorus, and the dra- 
 matist at the same time had an opportunity of 
 showing two persons in contrast with each other 
 on the stage. (Aristot. Pod. ii. 14.) Towards the 
 close of his career, Aeschylus found it necessary 
 to introduce a third actor, as is the case in the 
 Agamemnon, Choephori, and Eumenides. (Pollux, 
 IV. 110.) This number of three actors was also 
 adopted by Sophocles and Euripides, and was but 
 seldom exceeded in any Greek drama. In the 
 Oedipus in Colonus, however, which was perform- 
 ed after the death of Sophocles, four actors ap- 
 peared on the stage at once, and this deviation 
 
 from the general nile was called irapaxopTjyrma. 
 (I'ollux, t. v.) The three regular actors were dis- 
 tinguished b}^ the technical names of irponayuvi- 
 (TT'^s^SevTfpayaviaTiis, and TpiTa7a)z'iiTTrjy (Suidas, 
 s. i\ TpiTaywvi<Trr)s : Demosth. X>i' Curon. p. 31.> ; 
 Dc Fals. Leij. p. 344 and 403), which indicated 
 the more or less prominent part which an actor 
 had to perform in the drama. Certain conven- 
 tional means were also devised, by which the 
 spectators, at the moment an actor appeared on 
 the stage, were enabled to judge which part he 
 was going to perform ; thus, the protagonistcs 
 always came on the stage from a door in the 
 centre, the deuteragonistes from one on the riglit, 
 and the tritagonistes from a door on the left hand 
 side. (Pollux, iv. 1'24.) The protagonistes was 
 the principal hero or heroine of a play, in whom all 
 the power and energy of the drama were concen- 
 trated ; and whenever a Greek drama is called 
 after the name of one of its personae, it is always 
 the name of the character which was perfonned 
 by the protagonistes. The deuteragonistes, in the 
 pieces of Aeschylus for two actors, calls forth the 
 various emotions of the protagonistes, either by 
 friendly sympathy or by painful tidings, &c. The 
 part of a tritagonistes is represented by some ex- 
 ternal and invisible power, by which the hero is 
 actuated or caused to sufter. When a tritagonistes 
 was added, the part assigned to him was generally 
 that of an instigator who was the cause of the 
 sufferings of the protagonistes, while he himself 
 was the least capable of depth of feeling or sym- 
 pathy. The deuteragonistes in the dramas for 
 three actors is generally distinguished by loftiness 
 and warmth of feeling, but has not its depth and 
 vehemence peculiar to the protagonistcs, and thus 
 serves as a foil to set forth the character of the 
 chief hero in its most striking and vivid colours. 
 (Muller, Hist, of Greek Lit. i. p. 305, &c. ; compare 
 Biittiger, De Actori/jus Primarum, Sccuiid, et. Tert. 
 I'aiiium.) 
 
 The female characters of a play were always 
 performed by young men. A distinct class of 
 persons, who made acting on the stage their pro- 
 fession, was unknown to the Greeks during the 
 period of their great dramatists. The earliest and 
 greatest dimnatic poets, Thespis, Melanthius, 
 Sophocles, and probablj' Aeschylus also, acted in 
 their own plays, and in all probability as protago- 
 nistae. We also know of several instances in 
 which distinguished Athenian citizens appeared on 
 the stage, and Aeschines, the orator, did not 
 scruple to act the part of tritagonistes. (Demosth. 
 /. c.) These circumstances show that it was by 
 no means thought degrading in Greece to perform 
 on the stage, and that no stigma whatever was 
 attached to the name of a man for his appearing on 
 the stage. Bad actors, however, to whatever 
 station in life they belonged, were not, on that 
 account, spared ; and the general mode of showing 
 displeasure on the part of the spectators seems to 
 have been by whistling. (Demosth. Dc Coron. p. 
 315.) It appears that when the spectators showed 
 their displeasure in too offensive or insulting a 
 manner, the actors would sometimes attack the 
 most forward of the audience, and quarrels of this 
 kind ended not unfrequently in blows and wounds. 
 (Demosth. De Coron. p. 314; De Fids. Le<i. p. 
 449 ; Andocid. c.Alcih. p. 121 ; Athen. ix. p.40(3.) 
 At a later period, however, persons began to de- 
 vote themselves exclusively to the profession of 
 
484 
 
 HISTRIO. 
 
 HISTRIO. 
 
 actors, and distinguished individuals received even 
 as early as the time of Demosthenes exorbitant 
 sums for their perfonuances. Various instances 
 are mentioned in Biickh's Pulil. Econ. of Athens, 
 i. p. 161, &c. At the time when Greece had lost 
 her independence, we find regular troops of actors, 
 who were either stationary in particular towns of 
 Greece, or wandered from place to place, and en- 
 gaged themselves wherever they found it most 
 profitable. They fonned regular companies or 
 guilds, with their own internal orgtinisation, with 
 their common officers, property, and sacra. We 
 possess a number of inscriptions belonging to such 
 companies, with decrees to honour their superiors, 
 or to declare their gratitude to some king to whom 
 they had been engaged. But these actors are 
 generally spoken of in veiy contemptuous terms ; 
 they were perhaps in some cases slaves or freed- 
 men, and their ordinary pay seems to have been 
 seven drachmae for every performance. (Lucian, 
 Icaromen. 2!) ; De Mcrtxd. Cond. 5 ; Theophrast. 
 Chanict. 6.) 
 
 (Compare Miiller, Hist, of Greek Lit. i. p. 304, &c. ; 
 Becker, C7ianA-/es, ii. p."274 ; Bode, Oeseh.der dram; 
 Diehtkunst der Hellenen, 2 vols. 18.3!) and 1840.) 
 
 II. Roman Actors. The word histrioites, hy 
 which the Roman actors were called, is said to have 
 ))een formed from the Etruscan Jiister which signified 
 a ludio or dancer. (Liv. vii. 2 ; Val. Max. ii. 4. 4 ; 
 compare Pint. Qmiesf. Rom. p. 289. c.) In the 
 year 364 B. c. Rome was visited by a placue, and 
 as no human means could stop it, the Romans are 
 said to have tried to avert the anger of the gods 
 by scenic plays {Indi sceiiiei), which, until then, 
 had boon unkuowni to them ; and as there were no 
 persons at Rome prepared for such pei-fonnances, 
 the Romans sent to Etniria for them. The first 
 histriones who wei'e thus introduced from Etruria, 
 were dancers, and perfonned their movements to 
 the accompaniment of a flute. That the art of 
 dancing to this accompaniment should have been 
 altogether unknown to the Romans is hardly credi- 
 ble ; the real secret must have been in the mode of 
 dancing, that is, in the mimic representations of 
 the dancers, such as they are described by Diony- 
 sius (^Aiititj. Rom. vii. 72) and Appian (viii. 66). 
 That the Etruscans far excelled the Romans in 
 these mimic dances, is more than probable ; and 
 we find that in subsequent times, also, a fresh sup- 
 ])ly of Etruscan dancers (Iiistriot/es) came to Rome. 
 (MUUer, Jitr/isk: iv. 1. 6.) Roman youths after- 
 wards not only imitated these dancers, but also 
 recited rude and jocose verses, adapted to the 
 movements of the dance and the melody of the 
 flute. This kind of amusement, which was the 
 basis of the Roman drama, remained unaltered 
 until the time of Livius Andronicns, who intro- 
 duced a slave upon the stiige for tlie purpose of 
 singing or reciting the recitative, while he himself 
 performed the appropriate dance and gesticulation. 
 [Canticum.] a further step in the development 
 of the drama, which is likewise ascribed to Livins, 
 was, that the dancer and reciter carried on a dia- 
 logue, and acted a story with the accompaniment 
 of the flute. (See Gronov. ad Liv. I. c) The name 
 histrio, which originally signified a dancer, was 
 now applied to the actors in the drama. The 
 atellanae were played hy freeborn Romans, while 
 the regular drama was left to the histriones who 
 formed a distinct class of persons. It is cleai' from 
 the words of Livy, that the histriones were not 
 
 citizens ; that they were not contained in the tribes, 
 nor allowed to be enlisted as soldiers in the Roman 
 legions; and that if any citizen entered the profes- 
 sion of histrio, he, on this account, was excluded 
 from his tribe. Niebuhr {Ilist. if Rome, i. p. 520. 
 note 1150) thinks differently, but does not assign 
 any reason for his opinion. The histriones were 
 therefore always either freed-men, strangers, or 
 slaves, and many passages of Roman writers show 
 that they were generally held in great contempt. 
 (Cic. pro Arch. 5 ; Corn. Nep. Praefat. 5 ; Sueton. 
 Tib. 35.) Towards the close of the republic it was 
 only such men as Cicero, who, by their Greek edu- 
 cation, raised themselves above the prejudices of 
 their co\nitr3Tnen, and valued the person no less 
 than the talents of an Aesopus and Roscius. (Ma- 
 crob. S(d. ii. 10.) But notwithstanding this low 
 estimation in which actors were generally held, 
 distinguished individuals among them attracted im- 
 mense crowds to the theatres, and were exorbi- 
 tantly paid. (Cic. c. Jen-, iv. 16.) Roscius alone 
 received every day that he perfonned one thousand 
 denarii, and Aesopus left his son a fortune of 
 200,000 sesterces, which he had acquired solely 
 by his profession. (Macrob. /. c.) The position of 
 the histriones was in some respects altered during 
 the empire. By an ancient law the Roman magis- 
 trates were empowered to coerce the histriones at 
 any time and in any place, and the praetor had the 
 right to scourge them (jm rinjarum. in histriones). 
 This law was partly abolished by Augustus, in as 
 far as he did entirely away with the jus virgarum, 
 and confined the interference of the magistrates to 
 the time when, and the place where (ludi ct sccna) 
 the actors perfonned. (Tacit. Annul, i. 77.) But 
 he nevertheless inflicted very severe punishments 
 upon those actors who, either in their private life 
 or in their conduct on the stage, committed any 
 impropriety. (Suet. Aug. 45.) After these re- 
 gulations of Augustus the only legal punish- 
 ments that could be inflicted upon actors for im- 
 proper conduct, seem to have been imprisonment 
 and exile. (Tacit. AnnaL iv. 14, xiii. 28.) The 
 jus virgarum is indeed said to have been restored 
 to the praetor by a law of Augustus himself 
 (Paull. Scjit. V. tit. 26), not expressly, but by 
 tile intcrpi'etation put upon this law by the jurists. 
 But this interpretation cannot have become valid 
 till after the reign of Tiberius, of whom it is clearly 
 stated that he refused to restore the jus virgarum, 
 \ because it had been abolished by his predecessor. 
 (Tacit. Annul, i. 77.) These circumstances, and 
 the favour of the emperors, increased the arrogance 
 and the loose conduct of the histriones, and the 
 theatres were not seldom the scenes of bloody 
 fights. Hence Tiberius on one occasion found him- 
 self obliged to expel all histriones from Italy 
 (Tacit. iv. 14; Dion Cass. Iviii. p. 708); 
 
 but they were recalled and patronised by his suc- 
 cessor. (Dion Cass. lix. p. 738.) Some of the later 
 emperors were exceedingly fond of histriones, and 
 kept them for their private amusement [histriones 
 anlici, Spartian. Ilailrimi. c. 19; Jul. Capitol. 
 Vertis, c. 8). They performed at the repasts of the 
 emperors (Sueton. Auy. 74), and were occasionally 
 allowed also to play in the theatres before the- peo- 
 ple (pulilicabtintiir). In the Digest ( 3. tit. 2. s. 1 ) we 
 read that all actors were infamous. From the 
 time of Tacitus the word histrio was used as syno- 
 nymous with pantomimus. (Biitticher, Lex Tacit. 
 p. 233.) 
 
HONORES. 
 
 HORA. 
 
 485 
 
 . Respecting the ordinary pay which common 
 actors received during tlie time of tlie republic no- 
 thing is known. Tlie pay itself was called htnir 
 {Tssiai. Aunal. i. 77 ; Plut. Quaes/. Hum. p. ifjo. c. ; 
 Festus, s. CT\ Incur and pfcuiiia) ; which word was 
 perhaps confined originally to tiic payment made to 
 those who took part in the religious services cele- 
 brated in groves. In the times of the empire it 
 seems that hve denarii (Seiiec. Epiit. 80). or, ac- 
 . cording to others (Lucian. Jmromcit. c. 2!)), seven 
 dnichinae, was the common pay for a histrio for 
 one pcrfoniiaiice Several emperors found it neces- 
 sary to restrict the practice of giving immoderate 
 smns to actors. (Tacit. /. c; Suet. 7Vi. 34.) The 
 emperor M. Antoninus, who was fond of all his- 
 trionic arts, ordained that every actor should re- 
 ceive five aurei, and that no one who gave or con- 
 ducted theatrical representations should exceed the 
 sum of ten aurei. (Jul. Capitol. J/. Anton, c. 11 ; 
 compare Schol. ad Juvenal, vii. 243.) But it is 
 not clear whether in this regulation the p.ayment 
 for one or more peifonnances is to be iinderstocid. 
 These sums were either paid by those who en- 
 gaged the actors to play for the amusement of the 
 people, or from the fiscus. (Lipsius, Ejccurs. N. ad 
 Tacit. Annul, i.) Besides their regular pay, how- 
 ever, skilful liistriones received from the people 
 gold and silver crowns which were given or thrown 
 to them upon the stage. (Phaedr. Fab. v. 7. 36; 
 Plin. //. N. xxi. 3.) [L. S.] 
 
 IIOLOSPIIY'RATON. [Bronze, p. IGC] 
 , "OMOIOI. [CivrrAs (Greek), p. 237.] 
 HONORA'RIA ACTIO. [Actio, p. 7, 8.] 
 IK )X( )I!A'RIUM. [Ar)VOCATu.s;CiNi i.\LE.\.] 
 llOXOiiA'RIUM .lUS. [Edigtum.] 
 IIOXO'UES. Cicero {Ti)j>. c. 20) speaks of 
 the " lionores populi," and Horace (ifcfvK. i. vi. 5) 
 speaks of the populus 
 
 " qui stultus honores 
 Saepe dat indignis." 
 In both passages the word " honores" means the 
 high offices of the state to which qualified indi- 
 viduals were called by the votes of the Roman 
 citizens. Cicero calls the quaestorship " honor" 
 (see alsoLiv. vi. 39) ; and tlie words " magistratus" 
 and " honores" are sometimes coupled together. 
 The capacity of enjoying the honores was one of the 
 distinguishing marks of citizensliip. [Civitas.] 
 
 There appears to be no exact definition of honor 
 earlier than in the jurists whose writings are ex- 
 cerpted in tiie Digest. " Honor municipalis" is 
 defined to be " ;idministratio reipublicae cum 
 dignitatis gradu, sive cum sumptu, sive sine eroga- 
 tione contingens." Munus was either publicum 
 or privatum. A publicum munus was concerned 
 about administration (;'« admiiiistra?ula repid/lica), 
 and was attended with cost (^smnptiis) but not 
 with rank [dii/intas). " Honor" was properly said 
 " deferri," " dari ;" munus was said " imponi." 
 Cicero (Dc Or. i. 45) uses the phrase " hoiioribus 
 et reipublicae muneribus perfunctum," to signify 
 one who has attained all tlie honours that his state 
 can give, and discharged all the duties which are 
 owed by a citizen. A person who held a magis- 
 tratus might lie said to discharge nuinera, but only 
 as incident to the office (maipiijicentixsimo niunere 
 acdilitatis per/iinctus, Cic. Ad Fam. xi. 17), for 
 the office itself was the honor. Such munera as 
 these were public games and other things of the 
 kind. (Dig. 50. tit. 4. De Miinerihas et Honori- 
 ius.) [G. L.1 
 
 'onAI'TAI. [Arma, p. 84 ; Army (Greek), 
 p. ,00.] 
 
 HUPLOMACHI. [Gi.ADiATOREs, p. 455.] 
 IIORA {^pa), in the signification of hour, that 
 is, the 12th part of the natural day, did not come 
 into general use among the ancients until about the 
 middle of the second century B. c. The equinoc- 
 tial hours, though known to astronomers and philo- 
 sophers, were not used in the affairs of common 
 life till towards the end of the fourth century x. D. 
 As the division of the natural day into twelve 
 equal parts, both in summer and winter, rendered 
 the duration of the hours longer or shorter accord- 
 ing to the different seasons of the year, it is not 
 easy, with accuracy, to compare or reduce the hours 
 of the ancients to our equinoctial hours. The 
 hours of an ancient day would only coincide with 
 the hours of our day at the two equinoxes. [Dies 
 and HoRoi.oGlUM.] As the duration of the natural 
 day, moreover, depends on the polar altitude of a 
 place, our natural days would not coincide with 
 the natural days in Italy or Greece. Ideler, in his 
 ILiiiiUiiieli. der Chronultyie, has given the following 
 apimiximate duration of the natural days at Rome, 
 in the year 45 u. c, which was the first after the 
 new regulation of the calendar by .1. Caesar ; the 
 length of the days is only marked at the eight 
 principal points in the apparent course of the sun. 
 Da;/s oftluiycar. Tlieir duration in 
 
 45 B. c. cipiinoctial hours, 
 
 Dec. 23 8 hours 54 minutes. 
 
 Feb. 6 9 „ 50 
 
 March 23 .... 12 „ 0 „ 
 
 May 9 14 „ 10 „ 
 
 .Tune 25 .... 15 „ (! „ 
 August 10 .... 14 „ 10 
 Sept. 25 .... 1 2 hours 0 minutes. 
 Nov. 9 ..... 9 „ 50 „ 
 The following table contains a comparison of the 
 hours of a Roman natural day, at the sununer and 
 winter solstice, with the hours of our day. 
 
 SU M M E R-SO L .STICK. 
 Roman Hours. Modern Hours. 
 
 1st h 
 
 our 
 
 4 
 
 o'clock, 27 
 
 minutes 
 
 0 seconds 
 
 2d 
 
 
 5 
 
 9, 42 
 
 
 30 
 
 
 3rd 
 
 
 6 
 
 99 58 
 
 
 0 
 
 
 4th 
 
 
 8 
 
 „ 13 
 
 99 
 
 30 
 
 1^ 
 
 5th 
 
 
 9 
 
 Of) 
 
 99 
 
 
 0 
 
 
 (ith 
 
 
 10 
 
 99 44 
 
 
 30 
 
 
 7th 
 
 99 . 
 
 12 
 
 0 
 
 99 
 
 0 
 
 
 8th 
 
 
 1 
 
 „ 15 
 
 
 3(1 
 
 
 9th 
 
 99 
 
 2 
 
 ,9 :h 
 
 
 0 
 
 19 
 
 10th 
 
 
 3 
 
 99 4 0 
 
 
 30 
 
 91 
 
 1 1th 
 
 
 5 
 
 2 
 
 
 0 
 
 99 
 
 12th 
 
 
 ()■ 
 
 ',' 17 
 
 99 
 
 30 
 
 99 
 
 End oftl 
 
 le day 
 
 7 
 
 99 33 
 
 99 
 
 0 
 
 
 
 
 WINTER-SOLSTICE. 
 
 
 
 Roman Hours. 
 1st hour 
 
 Afodern Hours. 
 o'clock, 33 minutes 0 seconds 
 
 2d 
 
 
 8 
 
 
 17 
 
 99 
 
 30 
 
 
 3rd 
 
 99 
 
 9 
 
 
 2 
 
 99 
 
 0 
 
 99 
 
 4th 
 
 99 
 
 9 
 
 99 
 
 46 
 
 99 
 
 30 
 
 99 
 
 5th 
 
 99 
 
 10 
 
 
 31 
 
 99 
 
 0 
 
 
 6th 
 
 
 11 
 
 
 15 
 
 99 
 
 30 
 
 
 7th 
 
 
 12 
 
 
 0 
 
 99 
 
 0 
 
 
 8th 
 
 9» 
 
 12 
 
 99 
 
 44 
 
 99 
 
 30 
 
 
 9th 
 
 
 I 
 
 99 
 
 29 
 
 
 0 
 
 99 
 
 1 0th 
 
 99 
 
 2 
 
 99 
 
 13 
 
 99 
 
 30 
 
 
 nth 
 
 99 
 
 2 
 
 
 58 
 
 99 
 
 0 
 
 99 
 
 12th 
 
 
 3 
 
 
 42 
 
 99 
 
 30 
 
 
 End of the day . 
 
 4 
 
 99. 
 
 27 
 
 99 
 
 0 
 
 
486 HOROLOGIUM. 
 
 HOROLOGIUM. 
 
 The custom of dividing the natural day into 
 twelve equal parts or hours lasted, as we have ob- 
 served, till a very late period. The first calenda- 
 rium in which we find the duration of day and 
 night marked according to equinoctial hours, is the 
 calcndarium rusticum Farnesianuni. ( Ideler, Haml- 
 buch tier C/iroii. ii. p. 1 39, &c. ; Graev. Tlicsaur. 
 Ant. Rom. viii.) 
 
 Another question which has often been discussed, 
 is whether in such expressions as prima, altera, 
 tertia, hora, &c., we have to understand the hour 
 which is passing, or that which has already elapsed. 
 From the construction of ancient sun-dials on which 
 the hours are marked by eleven lines, so^that the 
 first hour had elapsed when the shadow of the 
 gnomon fell upon the first line, it miglit seem as if 
 hora prima meant after the lapse of the first hour. 
 But the manner in which Mai'tial (iv. 8), when 
 describing the various purposes to which the hours 
 of the day were devoted by the Romans, speaks of 
 the hours, leaves no doubt that the expressions 
 prima, altera, tertia hnra, &c., mean the hour which 
 is passing, and not that which has alreadv elapsed. 
 (Becker, GuUiis, i. p. 184, &c.) [L. S.] 
 
 HORDEA'RIUM AES. [Aes Hordearium.] 
 ' OPOI were stone tablets or pillars put up on 
 mortgaged houses and lands at Athens, upon 
 which the debt and the creditor's name were in- 
 scribed, and also the name of the archon epony- 
 nuis in whose year the mortgage had been made. 
 (Harpocrat. s. v."Opos and 'Aotiktoi' : Pollux, iii. 
 85 ; ix. 9.) The following inscription upon an 
 0/301, found at Achaniac, is taken from Biickh (Co/-/*. 
 Inscrip. i. p. 484) : — 'Ett! QeoippacrTov a.pxo'''''os, 
 opos x'^P'"" Ttfirjs fvocpetXofiivris ^avoffrpdrcfi 
 Tlatav(^ie7) xx, that is, SiffxiAiwc hpaxp-iov. It ap- 
 pears that the estate had been bought of Phanos- 
 tratus, but that the purchase-money, instead of 
 being paid, was allowed to remain on mortgage. 
 
 When the estate of an orphan was let by the 
 archon and his guardian ['Eni'TPOnOS], the 
 person to whom it was let was obliged to hypothe- 
 cate a sufficient piece of ground or other real 
 property, whicli was called avoTijxr)na: and upon 
 this an opos was placed, bearing an inscription to 
 that etlect, as in the following example, which is 
 taken fmm an opos found upon the plain of Mara- 
 tlion (Biickh, p. 48.5): — "Opos x'^P'"" i^"-^ oWias, 
 dTTor'iixrifia TratZl dp<pav^ Aioyeirovos YlpoSa- 
 (A.i<t/ou). (Compare Isaeus, P/iiloct. /icred. p. 141.) 
 "Opoi were also placed upon houses and lands on 
 account of money due to a husband for the dowry 
 of his wife (Demosth. c. ^Ijyud. 1029. 21), and 
 also upon the property which a husband was 
 obliged to give as a security for the dowry which 
 he received with his wife. (Demosth. c. Onetor. 
 ii. p. 877.) [Dos (Greek), p. 358.] 
 
 The practice of placing these o'poi upon property 
 was of great antiquity at Athens ; it existed be- 
 fore the time of Solon, who removed all stones 
 standing upon estates, when he released or re- 
 lieved tlie debtors. (Plut. Sol. 15.) 
 
 (Biickh, Pull. Econ. of Athens, i. p. 172 ; 
 Corp. Inscrij). i. p. 484 ; Museum Criticum, No. 
 viii. p. 622 ; Herald. Obscrv. ad J. A. et R. 
 p. 216 ; Meier, Alt. Process, p. 506.) 
 
 HOROLO'GIUM (dpoAoyiov) was the name 
 of the various instruments by means of which the 
 ancients measured the time of the day and night. 
 The earliest and simplest horologia of which men- 
 tion is made, were called irt'Aos and ■yi'wp.u.'v. 
 
 Herodotus (ii. 109) ascribes their invention to the 
 Babylonians ; Pliavorinus (up. Diog. Luert. ii. 1. 
 3 ; compare Suidas, s. v. Fvcifiwy and 'Acaji'juof- 
 Spoj) to Anaximander ; and Pliny {H. N. ii. 76) 
 to his disciple Anaximenes. Herodotus mentions 
 the •TroA.os and ypcifitav as two distinct instruments. 
 Both, however, divided the day into twelve e(|ual 
 parts, and were a kind of sun-dial. The yvwp.uu, 
 which was also called (TToix^tov, was the more 
 simple of the two, and probably the more ancient. 
 It consisted of a statf or pillar standing perpen- 
 dicular, in a place exposed to the sun (cTKidBripop), 
 so that the length of its shadow might be easily 
 ascertained. The shadow of the gnomon was 
 measured by feet, which were probably marked on 
 the place where the shadow fell. (Hesych. s. v. 
 'ETTTCtirous (TKia and SwSe/fairoSos : Pollux, i. 72.) 
 The gnomon is almost without exception mentioned 
 in connection with the SeiTri'oj' or the bath ; and 
 the time for the fomer was towards sunset, or 
 at the time when the shadow of the gnomon mea- 
 sured ten or twelve feet. (Aristoph.£'ecte.652,-ivith 
 the Schol. ; Pollux, I.e. ; Menander, ap. Athen. vi. 
 p. 243; Hesych. s.v. AeKa-n-ovv SroixeioJ'.) The 
 longest shadow of the gnomon, at sunrise and sun- 
 set, was generally 12 feet, but in some cases 24 
 feet, so that at the time of the SeiTri/oi/ it was 20 
 feet. (Eubulides, ap. Atften. i. p. 8.) The time 
 for bathing was when the gnomon threw a sh.adow 
 of six feet. (Lucian. Cronos, c. 17: Somn. s. Gall. 
 c. 9.) In later times the name gnomon was applied 
 to anj' kind of sun-dial, especially its finger which 
 threw the shadow, and thus pointed to the hour. 
 Even the clepsydra is sometimes called gnomon. 
 (Athen. ii. p. 42.) 
 
 The gnomon was evidently a very imperfect in- 
 strument, and it was impossiljle to divide the day 
 into twelve equal spaces by it. This may be the 
 reason that we find it only used for such purposes 
 as are mentioned above. The TroAos or •^Aiorpo'- 
 iriov, on the other hand, seems to have been a more 
 perfect kind of sun-dial ; but it appears, neverthe- 
 less, not to have been much used, as it is but seldom 
 mentioned. (Aristoph. up. Pollu.r, ix. 5.) It con- 
 sisted of a basin (Aexam), in the middle of which 
 the perpendicular statf or finger (yudixaiv) was 
 erected, and in it the twelve parts of the day were 
 marked by lines. (Alcipliron, Epkt. iii. 4 ; Lucian, 
 Lea-iph. c. 4.) 
 
 Another kind of horologium was the clepnydra 
 ((fA€i(/u5po). It derived its name from KXeirrftv 
 and vSap, as in its original and simple fonn it con- 
 sisted of a vessel with several little openings 
 (TpviriifiaTa) at the bottom, through which the 
 water contained in it escaped, as it were, by 
 stealth. This instrument seems at first to have 
 been used only for the purpose of measuring the 
 time during which persons were allowed to speak 
 in the courts of justice at Athens. The time of its 
 invention or introduction is not known ; but at the 
 time of Aristophanes (sec Acliarn. 653 ; Vesp. 93 
 and 827) it appears to have been in common use. 
 Its form and construction maj' be seen very clearly 
 from a passage of Aristotle {Problem, xvi. 8). The 
 clepsydra was a hollow globe, probably some- 
 what flat at the top-part, where it had a short 
 neck (ai)A((s), like that of a bottle, through which 
 the water was poured into it. This opening might 
 be closed by a lid or stopper (^irwfia), to prevent 
 the water running out at the bottom. The clepsy- 
 dra which Aristotle had in view was probably not 
 
HOROLOGIUM. 
 
 HOROLOGIUM. 487 
 
 of glass or of any transparent material, but of 
 bronze or brass, so that it could not be seen in 
 the clepsydra itself what quantity of water liad 
 escaped. As the time for speaking in the Athenian 
 courts was thus measured by water, the orators 
 frequently use tlie terra vSup instead of the time 
 allowed to them, (iv tw ifucy vHari, Demosth. Uc 
 Ciiniii. p. "274 ; iav iyx^PV I'Sa'p, c. Ijeock. p. 
 lO.'U.) Aeschines (c. Ctesiph. p. 587), when de- 
 scribing the order in which the several parties 
 were allowed to speak, says that the first water 
 was given to the accuser, the second to tlie accused, 1 
 and the third to the judges. An especial officer | 
 
 the mechanism. It indicated the hours regularly 
 throughout the year, Init still required to be often 
 attended to and regidated. This complicated clep- 
 S3'dra seems never to have come into general use, 
 and was probably onlj' found in the houses of very 
 wealthy persons. The sun-dial or gnomon, and a 
 simpler kind of clepsj-dra, on the other hand, were 
 much used down to a very late period. The twelve 
 parts of the day were not designated by the name 
 oipa until the time of the Alexandrian astrono- 
 mers, and even then the old and vague divisions, 
 described in the article Dies, were preferred in the 
 affairs of common life. At the tune of the geo- 
 
 (d €<^' u'Sup) was appointed in the courts for the I grapher liipparchus, however (about 1.50 B. c), it 
 
 purpose of watching the clepsydra, and stopping it 
 when any documents were read, whereby the 
 .speaker was interrupted ; and it is to this officer 
 that Demosthenes (c. Sli'ph. i. p. 1103) calls out : 
 av eTt-'iKaSe to iiSaiji. The time, and conse- 
 quently the quantity of water allowed to a speaker 
 depended upon the importance of the case; and we 
 are informed that in a ypacpi) TrapairpeaSe'ta^ tlie 
 water allowed to each party amounted to eleven 
 amphorae (Aeschin. De Fals. La/. § 1"2()'), whereas 
 in trials conceniing the right of inheritance only 
 one amphora was allowed. (Demosth. c. Macart. 
 p. 1052.) Those actions in which the time was 
 thus measured to the speakers are called by Pollux 
 (viii. 113) Si'icai Trpos wSwp : others are tenned 
 8i/cai avfu SSaroy, and in these the speakers were 
 not tied down to a certain space of time. The 
 only instance of this kind of actions of which we 
 know, is the -ygatprl KaKiaafws (Harpocrat. s. v. 
 KaKwais). 
 
 The clepsydra used in the courts of justice was, 
 properly speaking, no horologium; but smaller ones, 
 made of glass, and of the same hiiiqili' structure, 
 were undoubtedly used very early iu i'amilies for 
 the purposes of ordinary life, and fur dividing the 
 day into twelve equal parts. In these glass-clep- 
 sydrae the division into twelve parts must have 
 been visible, either on the glass-globe itself, or in 
 the basin into which the water flowed. These in- 
 struments, however, did not show the time quite 
 correctly all the year round ; first, because the 
 water ran out of the clepsydra sometimes quicker 
 and sometimes slower, according to the dift'erent 
 temperature of the water (Athen ii. p. 42 ; Plut. 
 Qiiaest. Natur. c. 7) ; and secondly, because the 
 length of the hours varied in the different seasons 
 of the year. To remove the second of these de- 
 fects the inside of the clepsydra was covered with 
 a coat of wax during the shorter days, and when 
 they became longer the wax was gradually taken 
 away again. (Aen. Tact. c. 22.) Plato is said to 
 have used a vvimpivov wpoKoyiou in the shape of a 
 large clepsydra, which indicated the hours of the 
 night, and seems to have been of a complicated 
 structure. (Athen. iv. p. 174.) This instance 
 shows that at an early period improvements were 
 made on the old and simple clepsydra. But all 
 these improvements were excelled by the ingeni- 
 ous invention of Ctesibius, a celebrated mathema- 
 tician of Alexandria (about 1 35 B. c). It is called 
 wpoK6yiov v5pav\iK6v, and is described by Vitru- 
 vius (ix. 9 ; compare Athen. /. c). Water was 
 made to drop upon wheels which were thereby 
 turned. The regular movement of these wheels 
 was communicated to a small statue, which, gra- 
 dually rising, pointed with a little stick to the 
 hours marked on a pillar which was attached to 
 
 seems to have been very common to reckon by 
 hours. (Com])arc Becker, Ckii-ik/rs, ii. p. 490, &c.) 
 
 The first horologium with which the Romans 
 became acquainted was a sun-dial (suktniim, or 
 liwuloijiuni aciutlii-rii-uiii), and was, according to 
 stune writers, brought to Rome by Papirius Cursor 
 twelve years before the war with Pyrrhus, and 
 placed before the temple of Quirinus ; others stated 
 that it was brouglit to Rome at the time of the first 
 Punic war, by the consul M. Valerius Mcssala, 
 and erected on a column behind the Rostra. But 
 this solarium being made for a different meridian 
 did not show the time at Rome correctly. Ninety- 
 nine years afterwards, the censor Q. Marcius Philip- 
 pus erected by the side of the old solarium a new 
 one, which was more carefully regulated according 
 to the meridian of Rome. But as sun-dials, however 
 perfect they might be, were useless when the sky 
 was cloiuly, P. Scijjio Nasica, in his censorship, 
 159 B. c, established a public clepsydra, which in- 
 dicated the hours both of day and night. This 
 clepsydra was in aftertimes generally called sola- 
 rium. (Plin. //. N. vii. 60 ; Censorin. I)e Die Nat. 
 c. 23.) TJie word hora for hour was introduced 
 at Rome at the time when the Romans became ac- 
 quainted with the Gret^ horologia, and was in this 
 signification well known at the time of Plautus. 
 (PseudoL V. ii. 10.) After the time of Scipio 
 Nasica several horologia, chiefly solaria, seem to 
 have been erected in various public places at Rome. 
 A magnificent horologium was erected by Augustus 
 in the Campus Martins. It was a gnomon in the 
 shape of an obelisk ; but Pliny (//. iV. xxxvi. 10.) 
 complains that in the course of time it had become 
 incorrect. Another horologium stood in the Circus 
 Flaminius. (Vitruv. ix. 9. 1.) Sometimes solaria 
 were attached to the front-side of temples and basi- 
 licae. (Varro, Dr Li/iy. Lat. v. 2 ; Gruter, Iiiscript. 
 vi. ().) The old solarium which had been erected 
 behind the Rostra seems to have existed on that 
 spot till a very late period, and it would seem that 
 the place was called ad Solarium, so that Cicero 
 uses this expression as synonymous with Rostra 
 or Forum {pro Quiuct. 18; a^l Herenn. iv. 10.) 
 Horologia of various descriptions seem also to have 
 been commonly kept by private individuals (Cic. 
 ad Fum. xvi. 18); and at the time of the emperors, 
 the wealthy Romans used to keep slaves whose 
 special duty was to announce the hours of the day 
 to their masters. (.Juven. x. 215; Mart. viii. 0'7 ; 
 Petron. 20".) 
 
 From the number of solaria which have been 
 discovered in modern times in Italy, we must infer 
 that they were very generally used among the 
 ancients. The following woodcut represents one 
 of the simplest horologia which have Ijeen dis- 
 covered ; it seems to bear great similarity to that, 
 
488 HOROLOGIUM. 
 
 HORREUM. 
 
 the invention of which Vitravius ascribes to 
 Berosus. It was discovered in 1741, on the hill 
 of Tusculum, among the ruins of an ancient villa, 
 and is described by Oio. Luca Zuzzeri, in a work 
 entitled U'una antka villa scoperlu sid <losso del 
 Tusculo, e (Tun antico oroloyio a sole, Venezia, 
 1746, and by G. H. Martini, in his Alihun<lhm<j 
 van den S'onnenuhren der Alien, Leipzig, 1777, 
 p. 40, &c. 
 
 The following woodcut shows the same solarium 
 as restored by Zuzzeri. 
 
 The breadth as well as the height (A 0, and P 
 A) are somewhat more than eight inches ; and the 
 length (A B) a little more than sixteen inches. 
 The surface (A 0 R B) is horizontal. S P Q T 
 is the basis of the solarium, which, originally, 
 was probably erected upon a pillar. Its side, A 
 STB, inclines somewhat towards the basis. 
 This inclination was called 4yKXip.a, or inclinatio 
 solarii and enclima succisum (Vitruv. /. c), and 
 shows the latitude or polar altitude of the place for 
 which the solarium was made. The angle of the 
 enclima is about 40" 43', which coincides with 
 the latitude of Tusculum. In the body of the 
 solarium is the almost spherical excavation, H K 
 D M I F N, which forms a double hemicy- 
 clium Qiemwydium crcavatiim ex rfia(lrato,\\tTuv.). 
 Within this excavation the eleven hour-lines are 
 marked which pass through three semicircles, H 
 L N, K E F, and D M J. The middle one, K E 
 F, represents the equator, the two others the 
 tropic lines of winter and summer. The curve re- 
 presenting the summer tropic is somewhat more 
 than a semicircle, the two other curves somewhat 
 smaller. The ten middle parts or hours in each of 
 the three curves are all equal to one another ; but 
 the two extreme ones, though equal to each other, 
 are by one-fourth smaller than the rest. In the 
 
 middle, G, of the curve D K H N I J, there is 
 a little square hole, in which the gnomon or pointer 
 must have been fixed, and a trace of it is still 
 visible in the lead by means of which it was fixed. 
 It must have stood in a perpendicular position 
 upon the surface A B R 0, and at a certain dis- 
 tance from the surface it must have turned in a 
 right angle above the spheric excavation, so that 
 its end (C) extended as far as the middle of the 
 equator, as it is restored in the above woodcut. 
 See the description of another solarium in G. H. 
 Martini's Antiqmrum Moninmntorum Sylloge, p. 
 95, &c. 
 
 Clepsydrae were used by the Romans in their 
 camps, chiefly for the purpose of measurnig 
 accurately the four vigiliae into which the night 
 was divided. (Caes. De Bell. Gall. v. 13 ; Veget. 
 L>e He Milit. iii. 8 ; Aen. Tact. c. 22.) 
 
 The custom of using clepsydrae as a check upon 
 the speakers in the courts of justice at Rome, was 
 introduced by a law of Cn. Pompeius, in his third 
 consulship. (Tacit. Declar. Omt. 38.) Before that 
 time the speakers had been under no restrictions, 
 but spoke as long as they deemed proper. At 
 Rome, as at Athens, the time allowed to the 
 speakers depended upon the importance of the 
 case. Pliny (Epist. ii. 11) states that on one im- 
 portant occasion he spoke for nearly five hours; 
 ten large clepsydrae had been granted to him by 
 the judices, but the case was so important that 
 four others were added. (Compare Plin. Epist. vi. 
 2 ; Martial, vi. 35 ; viii. 7.) Pompeius, in his law, 
 is said to have limited the time dicing which the 
 accuser was allowed to speak to two hours, while 
 the accused was allowed three hours. (Ascon. in 
 Miktn. p. 37. ed. Orelli.) This, however, as is 
 clear from the case of Pliny and others, was not 
 observed on all occasions, and we must suppose 
 that it was merely the intention of Pompeius to fix 
 the proportions of the time to be allowed to each 
 party, that is, that in all cases the accuser should 
 only have two-thirds of the time allowed to the 
 accused. This supposition is supported by a case 
 mentioned by Pliny {Epial. iv. 9), where, accord- 
 ing to law (« le<jc) the accuser had six hours, 
 while the accused had nine. An especial officer 
 was at Rome as well as at Athens appointed to 
 stop the clepsydra during the time when docu- 
 ments were read. (Apul. Apoloij. i. and ii. ; com- 
 pare Ernesti, De Soluriis, in his Opuscul. Philnlog. 
 et Crit. p. 21 — 31; Becker, Gullus, i. p. 186, 
 &c.) [L. S.] 
 
 IIORREA'RII. [HoRREUM.] 
 HORREUM {(ipeiov, ffiTO(pv\aK(7ov, airoBriK-ri) 
 was, according to its etjnnological signification, a 
 place in which ripe fruits, and especially corn, were 
 kept, and thus answered to our granary. (Virg. 
 Gcorij. i. 49 ; Tibull. ii. v. 84 ; Herat. Carm. i. i. 
 7 ; Cic. De Lee/. Arp: ii. 33.) During the empire 
 the name horreum was given to any place destined 
 for the safe preservation of things of any kind. 
 Thus we find it applied to a place in which beauti- 
 ful works of art were kept (Plin. Epist. viii. 18); 
 to cellars (Jiorrea stMerranea, horrea vinaria. Dig. 
 18. tit. 1. s. 76); to depots for merchandise, and all 
 sorts of provisions (horreum penarinm. Dig. 30. tit. 
 9. s. 3). Seneca (Epist. 45) even calls his library 
 a horreum. But the more general application of 
 the word hon'eum was to places for keeping fruit 
 and com ; and as some kinds of fruit required to be 
 kept more dry than others, the ancients had be- 
 
HORTUS. 
 
 HORTUS. 
 
 sides the horrea subterraiiea, or cellars, two other 
 kinils, one of whieli was built like every other 
 house upon tlie i,'rouml ; hut others (Imrrca pnisi- 
 lia or uMimia ) were erected above the ground, and 
 rested upon posts or stone pillars, that the fruits 
 kept in them might remain dry. (Colum. xii. SO ; 
 i. 6" ; Vitrnv. vi. 6. 4.) 
 
 From about the year 140 a. d., Rome possessed 
 two kinds of public horrea. The one class con- 
 sisted of buildings in which the Romans might de- 
 posit their goods, and even their money, securities, 
 and other valuables (Cod. 4. tit. 24. s. 9), for wliich 
 they had no safe place in their own houses. This 
 kind of public horrea is mentioned as early as the 
 time of Antoninus Pius (Dig. 1. tit. 15. s. 3), 
 though Lampridius (^l/cj. .S?ti. c. 39) assigns their 
 institution to Alexander Severus. (Compare Dig. 
 10. tit. 4. s. 5.) The officers who had the super- 
 intendence of these establishments were called hor- 
 rearii. The second and more important class of 
 horrea, which may be termed public granaries, were 
 buildings in which a plentiful supply of corn was 
 constantly kept at the expense of the state, and from 
 which, in seasons of scarcity, the corn was distri- 
 buted among the poor, or sold at a moderate price. 
 The first idea of building such a public granary 
 arose with C. Sempronius Gracchus (fer Sempronia 
 frumetdaria); and the ruins of the great granary 
 ■ {horrea poptiU Rumaiii) which he built, were seen 
 down to the sixteenth century between the Aven- 
 tine and the Monte Testaceo. (Appian. De Bell. 
 Civ. i. 21 ; Plut. C. GraccL 5 ; Liv. Epit. 60 ; 
 Vellei. ii. 6 ; Cic. pro Se.rt. 24.) 
 
 The plan of C. Gracchus was followed out and 
 carried furtlier by Clodius, Pompey, and several of 
 the emperors ; and during the empire we thus find 
 a great number of public horrea which were called 
 after the names of their founders, e. </. horrea Ani- 
 ceti, Vargunteii, Seiani, Augusti, Domitiani, &.c. 
 The manner in which com from these granaries 
 was given to the people differed at different times. 
 (Walter, Gesch. des Rwn. Reclits, p. 247.) [L. S.J 
 HORTE'NSIA LEX. [Plebiscitum.] 
 HORTUS {kv-kos), garden. 
 I. Greek Gardens. — Our knowledge of the 
 horticulture of the Greeks is very limited. We must 
 not look for information respecting their gardens 
 to the accounts which we find in Greek writers of 
 the gardens of Alcinoiis, filled with all manner of 
 trees and fruit and flowers, and adorned with foun- 
 tJiins ( 0(///s,s-. vii. 112—130), or of those of the 
 Hesperides (Hesiod, Thcog. 25), or of the paradises 
 of the Persian satraps, which resembled our parks 
 (Xen. AnaJ). i. 2. § 7 ; Oeeonom. iv. 20, 27 ; Plut. 
 Alcib. 24) ; for the former gardens are only imagi- 
 nary, and the manner in which the paradises are 
 spoken of by Greek writers shows that they were 
 not familiar with anything of the kind in their own 
 country. In fact the Greeks seem to have had no 
 great tiiste for landscape beauties, and the small 
 number of flowers with which they were acquaint- 
 ed afforded but little inducement to ornamental 
 horticulture. 
 
 The sacred groves were cultivated with special 
 care. They contained ornamental and odoriferous 
 plants and fruit trees, particularly olives and vines. 
 (Soph. Oct/. CW. 16 ; Xen. Anah. v. 3. § 12.) Some- 
 times they were without fruit trees. (Pans. i. 21. 
 §9.) 
 
 The only passage in the earlier Greek writers, 
 in which flower-gardens appear to be mentioned. 
 
 is one in Aristoi)haiies, who speaks of K/firnvs 
 (vd^dS (Jiv.s, V. lOHIi). At Athens the flowers 
 most cultivated were probalily those used for 
 making garlands, such as violets and roses. In 
 the time of the Ptolemies the art of gardening 
 seems to have advanced in the favourable climate 
 of Egypt, so far, that a succession of flowers was 
 obtained all the year round. (Callixenus, apuil 
 Atlu'ii.v.]). 196.) Longus (y-'((s/. ii. p. 30) describes 
 a garden containing every production of each sea- 
 son, " in spring, roses, lilies, hyacinths, and vio- 
 lets ; in summer, poppies, wild-pears (dxpdSes), 
 and all fruit ; in autumn, vines and flgs, and pome- 
 granates and myrtles." That the Greek idea of 
 horticultural beauty was not quite tlie same as 
 ours, may be inferred from a passage in Plutarch, 
 where he speaks of the practice of setting off the 
 beauties of roses and violets, by planting them side 
 by side with leeks and onions (Plutarch, de capi- 
 uiida ex iuimicis ulilitaU', c. 10). Becker considers 
 this passage a proof that flowers were cultivated 
 more to be used for garlands than to beautify the 
 garden. (Becker, Cliuriklex, ii. p. 403— 4U5.) 
 
 II. Roman Gardens. — The Romans, like the 
 Greeks, laboured under the disadvantage of a very 
 limited flora. This disadvantage they endeavoured 
 to overcome, by arranging the materials they did 
 possess in such a way as to produce a striking 
 effect. We have a very full description of a Ro- 
 man garden in a letter of the younger Pliny, 
 in which he describes his Tuscan villa. (Plin. 
 Epist. V. 6.) In front of the poriicus there 
 was generally a xi/stus, or flat piece of ground, 
 divided into flower-beds of different shapes by 
 borders of box. There were also such flower-beds 
 in other parts of the garden. Sometimes they were 
 raised so as to fonn terraces, and their sloping 
 sides planted with evergreens or creepers. The 
 most striking features of a Roman garden were 
 lines of large trees, among which the plane appears 
 to have been a great favourite, planted in regular 
 order ; alleys or walks {(iiiihidalioiies) formed by 
 closely dipt hedges of box, j'ew, c\'press, and other 
 evergreens ; beds of acanthus, rows of fruit-trees, 
 especially of vines, with statues, pyramids, foun- 
 tains, and summer-houses {diachw). The trunks of 
 the trees and the parts of the house, or any other 
 buildings which were visible firom the garden, were 
 often covered with ivy. (Plin. /. c. ; Cic. ad Qiunt. 
 iii. 1, 2.) In one respect the Roman taste dif- 
 fered most materially from that of the present day, 
 namely, in their fondness for the ars topiaria, 
 which consisted in tying, twisting, or cutting trees 
 and shrubs (especially the box) into the figures of 
 animals, ships, letters, &c. The importance at- 
 tached to this part of horticulture is proved not 
 only by the description of Pliny, and the notices 
 of other writers (Plin. H. N'. xvi. 33. 60, xxi. 11. 
 39, xxii. 22. 34; Martial, iii. 19), but also by the 
 fact that topiurius is the only name used in good 
 Latin writers for the ornamental gardener. Cicero 
 {Parad. v. 2) mentions the topiurius among the 
 higher class of slaves. 
 
 Attached to the garden were places for exercise, 
 the gestatio and hippodroiiius. The e/eskitio was a 
 sort of avenue, shaded by trees, for the purpose of 
 taking gentle exercise, such as riding in a litter. 
 (Plin. EjM. V. 6, ii. 17.) The hipjmdrumus (not, 
 as one reading gives the word in Pliny, ht/podro- 
 mils), was a place for rimning or horse exercise, in 
 I the form of a circus, consisting of several paths 
 
400 
 
 HOSPITIUM. 
 
 HOSPITIUM. 
 
 divided by hedges of box, ornamciited with topi- 
 uriaii work, and surrounded l)y large trees. (Plin. 
 /. c. ; Martial, xii. 50, Ivii. 23.) 
 
 The iiowers which the Romans possessed, though 
 few in comparison with the species known to us, 
 were more numerous than some writers have re- 
 presented : but the sulijci t still requires investiga- 
 tion. Their principal gardi'ii-Howers seem to have 
 been violets and roses, aiul they also had the cro- 
 cus, narcissus, lily, gladiolus, iris, poppy, ama- 
 ranth, and others. 
 
 Conservatories and hot-houses are not men- 
 tioned by any writer earlier than the first century 
 of our aera. They are frequently referred to by 
 Martial (viii. 14. 0'8, iv. 21. .5, xiii. 127). They 
 were used both to preserve foreign plants and to 
 produce Howers and fruit out of season. Columella 
 (xi. 3. 52) and Pliny (//. N. xix. 5. 23) speak of 
 forcing-houses for grapes, melons, &c. In every 
 garden there was a space set apart for vegetables 
 (olcra). 
 
 Flowers and plants were also kept in the central 
 space of the peristyle [House], on the roofs, and 
 in the windows of the houses. Sometimes, in a 
 town, where the garden was very small, its walls 
 were painted in imitation of a real garden, with 
 trees, fountains, birds, &c., and the small area was 
 ornamented with flowers in vases. A beautiful 
 example of such a garden was found at Pompeii, 
 (tiell's I'ompcuDKi, ii. 4.) 
 
 An ornamental garden was also called virUarium 
 (Dig. 33. tit. 7. s. 8), and the gardener iopiarius 
 or virul,arius. The common name for a gardener 
 is villicus or cultor Itoriorum. We find also the 
 special names vinilor, olitor. The word Imiiulaiiux 
 is only of late formation. The (K/iuirius had charge 
 of the fountains both in the garden and in the 
 liouse. (Becker, (villus, i. p. 283, &c. ; Biittiger, 
 Racemationen ziir Garteti-Kunst der Atten.') [P.S.] 
 
 HOSPES. [HOSPITIUM.] 
 
 HOSPI'TIUM (lefi'o, vpo^evla). Hospitality 
 is one of the characteristic features of alnu)st all 
 nations previous to their attaining a certain degree 
 of civilisation. In civilised countries the necessity 
 of general hospitality is not so much felt ; but at a 
 time when the state or the laws of nations afforded 
 scarcely any security, and when the traveller on 
 his journey did not meet with any places destined 
 for his reception and accommodation, the exercise 
 of hospitality was absolutely necessary. Among 
 the nations of antiquitj', with whom the right of 
 hospitality was hallowed by religion, it was to 
 some degree observed to the latest period of their 
 existence, and acquired a political importance which 
 it has never had in any other state. It was in 
 Cireece, as well as at Rome, of a twofold nature, 
 either private or public, in as far as it was either 
 established between individuals, or between two 
 st;ites. (IIospititiiH privatum and hospitium publi- 
 cum, lefi'a and irpo|Evia.) 
 
 In ancient Greece the stranger, as such (^eyos 
 and //oslis), was looked upon as an enemy (Cic. 
 Dc Of. i. 12; Herod, ix. 11 ; Plut. ArLsiuL 10); 
 but whenever he appeared among another tribe or 
 nation without any sign of hostile intentions, he 
 was considered not only as one who required aid, 
 but as a suppliant, and Zeus was the protecting 
 deity of strangers and suppliants. (Zeus |eiVior and 
 iKfTT^iTios: Horn. 0<l. xiv. 57, &c. 283; ix. 270; 
 xiii. 213; vii. 164; compare Apollon. Artjotm.id. 
 ii. 1 1 34 ; Aelian. //. iv. 1.) This religious feel- 
 
 ing was strengthened by the belief that the stranger 
 might possibly be a god in disguise. (Odijss. xvii. 
 484.) (_)n his arrival, therefore, the stranger, of 
 whatever station in life he might be, was kindly 
 received, and provided with every thing necessary 
 to make him comfortable, and to satisfy his imme- 
 diate wants. The host did not inquire who the 
 stranger was, or what had led him to his house, 
 until the duties of hospitality were fulfilled. Dur- 
 ing his stay, it was a sacred duty of his host to 
 protect him against any persecution, even if lie be- 
 longed to a politically hostile race, so that the 
 host's house was a perfect asylum to him. On his 
 departure he was dismissed with presents and good 
 wishes. {OJyss. iv. 37, &c., with Nitzch's note.) 
 It seems to have l)een customary for the host, on 
 the departure of the stranger, to break a die 
 (daTpdyaXos) in two, one half of which he himself 
 retained, while the other half was given to the 
 stranger; and when at any future time they or 
 their descendants met, they had a means of recog- 
 nising each other, and the hospitable connection 
 was renewed, {iidwl. ad Eurip. C>\'d.) Hos- 
 pitality thus not only existed between the persons 
 who had originally formed it, but was transferred 
 as an inheritance from father to son. To violate 
 the laws of hospitality was a great crime and an 
 impiety, and was punished by men as well as gods 
 (Si/cat /caKo^evias, Aelian, /. c. ; Pans. vii. 25). 
 Instances of such hereditary connections of hospi- 
 tality are mentioned down to a very late period of 
 Greek history ; and many towns, such as Athens, 
 Corinth, Byzantium, Phasis, and others, were cele- 
 brated for the liospitable character of their citizens. 
 (Herod, vi. 35 ; Thucyd. ii. 13; Plato, Crito, p. 
 45. c. ; Stobaeus, Floriky. tit. xliv. 40, &c.) But 
 when a nu)re regular and freq\ient intercourse 
 among the Greeks began to be established, it was 
 impossible to receive all these strangers in private 
 houses. This naturally led to the establishment 
 of inns {nai/SoKiTov, Karayoiyiov, KaTaAvais), in 
 which such strangers as had no hospitable connec- 
 tions found accommodation. For those occasions, 
 on which numerous visitors flocked to a particular 
 place for the purpose of celebrating one of the great 
 or national festivals, the state or the temple pro- 
 vided for the accommodation of the visitors either 
 in tents or temporary inns erected about the tem 
 pie. (Aelian, V.IIAv.9; iicho\. ad Piiid.Ol.xi. 5] 
 and 55 ; compare Plato, i^cZ/Cf/;/. xii. p. 952 ; Lucian, 
 Amor. 12 ; Thucyd. iii. G8.) The kind of hospitaUty 
 which was exercised by private individuals on such 
 festive occasions, probably differed very little from 
 that which is customary among ourselves, and was 
 chiefly shown towards friends or persons of dis- 
 tinction and merit, whose presence was an honoiu' 
 to the house wherein they stayed. (Xen. Oiron. 2. 
 5; Plato, Pruta<j. p. 315; Becker, Charik. i. p. 
 134, (Sec.) In the houses of the wealthier Greeks 
 a separate part (liospitium or liosspiialia and |6)/wf ts) 
 with a separate entrance, was destined for the re- 
 ception and habitation of strangers, and was pro- 
 vided with all the necessary comforts for the tem- 
 porary occupants. On the first day after their 
 arrival they were generally invited to the table of 
 their host ; but afterwards their provisions (^eVio), 
 consisting of fowl, eggs, and fruit, were either sent 
 to them, or they had to purchase them themselves. 
 (Vitruv. vi. 7. 4 ; Apul. Mctam. ii. p. 19.) 
 
 What has been said hitherto, only refers to hos- 
 pitium privatum, that is, the hospitality existinp 
 
HOSPITIUM. 
 
 HOSPITIUM. 
 
 491 
 
 between two individuals or families of diiTerent 
 states. Of far greater importance, however, was 
 the hospitiiim publicum (vpo^ivia, snmetinios 
 simply leWa) or public hospitality which existed 
 between two states, or between an individual or a 
 family on the one hand, and a whole state on the 
 other. Of the latter kind of public hospitality 
 many instances are recorded, such as that between 
 the Pisistratids and Sparta, in which the people of 
 Athens had no share. The hospitium publicum 
 among the (ireeks arose undoubtedly from the hos- 
 pitium privatum, and it may have originated in 
 two ways. When the Greek tribes were governed 
 bychieftains orkings,the private hospitality existing ! 
 between the ruling families of two tribes, may have 
 produced similar relations between their subjects, 
 which, after the abolition of the kingly power, con- 
 tinued to exist between the new republics as a 
 kind of political inheritance of former times. Or a 
 person belonging to one state might have either 
 extensive connections with the citizens of another 
 state, or entertain great partiality for the other 
 state itself, and thus offer to receive all those who 
 came from that state either on private or public 
 business, and act as their patron in his own 
 city. This he at first did merely as a private in- 
 dividual, but the state to which he offered this kind 
 service would naturally soon recognise and reward 
 him for it. When two states established public 
 hospitality, and no individuals came forward to 
 act as tlie representatives of their state, it was ne- 
 cessary that in each state persons should be ap- 
 pointed to show hospitiility to, and watch over the 
 interests of, all persons wiio came from the state 
 connected l)y hospitality. The persons who were 
 appointed to this office as the recognised agents of 
 the state for which they acted were called irprf- 
 ^erai, but those who undertook it voluntarily i6e\o- 
 vpoi^voi. (Pollux, iii. .59 ; compare Thucyd. ii. 29 
 with Arnold's note, and iii. 70 with Goller's.) 
 
 The office of proxenus, which bears great re- 
 semblance to that of a modern consul or minister- 
 resident, was in some cases hereditary in a parti- 
 cular family. When a state appointed a proxenus, 
 it either sent out one of its own citizens to reside 
 in the other state, or it selected one of the citizens 
 of this state, and conferred upon him the honour of 
 proxenus. The fonner was, in early times, the 
 custom of Sparta, where the kings had the right to 
 select from among the Spartan citizens those whom 
 they wished to send out as proxeni to other states. 
 (Herod, vi. 57.) But in subsequent times this 
 custom seems to have been given up, for we find 
 that at Athens the family of Callias were the pro- 
 xeni of Sparta (Xen. Hcllcn. v. 4. § '22; vi. 3. § 4, 
 &c.); at Elis, the Elean Xenias (Paus. iii. 8. § 2); 
 and at Argos, the Argive Alciphron. (Thucj-d. v. 
 59.) A Spartan sent out as proxenus was some- 
 times also entrusted with the power of harraostes, 
 as Clearchus at Byzantium. (Xen. Hellen. i. 1. § 
 35; i. .3. § 15.) 
 
 The custom of conferring the honour of proxenus 
 upon a citizen of the state with which public hospi- 
 tality existed, seems in later times to have been 
 universally adopted by the Greeks. Thus we find 
 besides tlie instances of Spartan proxeni mentioned 
 above, Nicias the Athenian, as proxenus of Syra- 
 cuse at Athens (Diodor. xiii. 27), and Arthmius, 
 of Zeleia, as the proxenus of Athens at Zeleia. 
 (Aeschin. c. Cte.siph. p. 047 ; compare Plato, De 
 Ler/r/. i. p. 642.) The common mode of appointing 
 
 a proxenus was, with the exception of Sparta, by 
 show of hands. (Ulpian, ad Dcniustli. Mid. ]>. 374.) 
 The principal duties of a proxenus were to receive 
 those persons, especially ambassadors, who came 
 from the state which he represented; to procure for 
 them the admission to the assembly', and seats in 
 the theatre (Pollux, I. c); to act as the patron of 
 the strangers, and to mediate between the two 
 states if any disputes arose. (Xen. Hellen. vi. 3. § 
 4.) If a stranger died in the state, the proxenus 
 of his country had to take care of the property of 
 the deceased. (Demosth. c. Callip. p. 1237, &c.) 
 
 Regarding the honours and privileges which a 
 proxenus enjoyed from the state which he repre- 
 sented, the various Greek states followed different 
 principles : some honoured their proxenus with the 
 fuU civic franchise, and other distinctions besides. 
 (Bockh, Corji. Inscript. n. 1(391 — 93, and ii. p. 79; 
 Demosth. De Cor. p. 25G ; Xen. Hel/en. i. l.§ 2(;.) 
 But the right of acquiring property in the state of 
 which he thus became a citizen seems not to have 
 been included in his privileges; for we find that where 
 this right was granted, it was done by an especial 
 document. (Biickh, Sttmts/i. i. p. 155.) A foreigner 
 who was appointed in his own country as proxenus 
 of Athens, enjoyed for his own person the right of 
 hospitality at Athens whenever he visited this 
 city, and all the other privileges that a foreigner 
 could possess without becoming a real Athenian 
 citizen. Among these privileges, though they were 
 not necessarily included in the proxeny, but were 
 granted by special decrees, we may mention the 
 
 1. 'Eviya/xla, which, in cases when it was granted 
 by the more powerful state, generally became 
 mutual (Platner's Process, ii. p. 73 ; Xan. Hellen. v. 
 
 2. § 19); 2. The right to actpiire property at Athens 
 (67icT7)(ris, eftirairis, eTTTracris) ; 3. The exemption 
 from paying taxes (ctTfAtia or areAeio airdvTUU, 
 Demosth. c. Leptin. p. 475, compare p. 497) ; and 
 4. Inviolability in times of peace and war, both by 
 sea and by land. (Biickh, Corp. Inscrip. i. p. 725.) 
 Some of these privileges were granted to individuals 
 as well as to whole states ; but we have no instance 
 of a whole state having received all of them, with 
 the exception of those cases where the civic fran- 
 chise or isopolity was granted to a whole state ; 
 and in this case the practical consequences could 
 not become manifest, unless a citizen of the pri- 
 vileged state actually took up his residence at 
 Athens. (Compare F. W. Ullrich, De Projeenia, 
 Berlin, 1822; Wachsmuth, Hellen. Alterth. i. 1. 
 p. 121, &c. ; Hennann, Polit. Ant. § 116.) 
 
 The hospitality of the Romans was, as in Greece, 
 either hospitium privatum or publicum. Private 
 hospitality with the Romans, however, seems to 
 have been more accurately and legally defined than 
 in Greece. The character of a hospes, i. e. a person 
 connected with a Roman by ties of hospitality, 
 was deemed even more sacred, and to have greater 
 claims upon the host, than that of a person con- 
 nected by blood or affinity. The relation of a 
 hospes to his Roman friend was next in import- 
 ance to that of a cliens. (Gellius, V. 13.) According 
 to Massurius Sabinus {ap. Gellium, I. r.), a hospes 
 had even higher claims than a cliens. The obli- 
 gations which the connection of hospitality with a 
 foreigner imposed upon a Roman, were to receive 
 in his house his hospes when travelling (Liv. xUi. 
 1), and to protect, and, in case of need, to repre- 
 sent him as his patron in the courts of justice. 
 (Cic. in Q. Caecil. Dirin. c. 2(1.) Private hospi- 
 
492 HOSPITIUM. 
 
 t:ility thus gave to the hospes the claims upon his 
 host which the client had on his patron, but with- 
 out any degree of the dependence implied in the 
 clientela. Private hospiUility was established be- 
 tween individuals by mutual presents, or by the 
 mediation of a third person (Serv. ad Aen. ix. 
 31)0), and hallowed l)y religion ; for Jupiter hospi- 
 talis was thought to watch over the jus hospitii, as 
 Zeus xenios did with the Greeks (Cic. c. Vei r. iv. 
 22; ad Quint, fmt. ii. 12; pro Dviutar. fi), and 
 the violation of it was as great a crime and impiety 
 at Rome as in Greece. When hospitality was 
 formed, the two friends used to divide between 
 themselves a tessera hospitalis (I'laut./'of;?;. v.2.87, 
 &e.), by which, afterwards, they themselves or their 
 descendants — for the connection was hereditary as 
 in Greece — might recognise one another. From 
 an expression in Plautus {ileum hospilalem ac tesse- 
 ram mecum fero, Poen. v. 1. 2.5) it has been con- 
 cluded that this tessera bore the image of Jupiter 
 hospitalis. Hospitality, when thus once establish- 
 ed, could not be dissolved except by a formal de- 
 claration (renu/iHatio, Liv. xxv. 18; Cic. tVi Verr. 
 ii. 3()), and in this case the tessera hospitalis was 
 broken to pieces. (Plant. Ciddl. ii. 1. 27.) Hos- 
 l)itality was at Rome never exercised in that in- 
 discriminate manner as in the heroic age of Greece, 
 but the custom of observing the laws of hospitality 
 was probably common to all the nations of Italy. 
 (Aelian. V. H. iv. 1 ; Liv. i. 1.) In many cases 
 it was exercised without any formal agreement be- 
 tween the parties, and it was deemed an honour- 
 able duty to receive distinguished guests into the 
 house. (Cic. De Off', ii. 18 ; pro liosc. Am. 6.) 
 
 Public hospitality seems likewise to have exist- 
 ed at a very early period among the nations of 
 Italy, and the foedus hospitii mentioned in Livy 
 (i. .9) can scarcely be looked upon in any other 
 light than that of hospitium publicum. But the 
 first direct mention of public hospit;ility being esta- 
 blished between Rome and another city, is after 
 the Gauls had departed from Rome, when it was 
 decreed that Caere should be rewarded for its good 
 services by the establishment of public hospitality 
 between the two cities. (Liv. v. 50.) The public 
 hospitality after the war with the Gauls gave to 
 the Caerites the right of isopolity with Rome, that 
 is, the civitas without the sutfragium and the 
 honores. [Coi.onia, p. 2.59.] In the later times of 
 the republic we no longer find public hospitality esta- 
 blished between Rome and a foreign state ; but a 
 relation which amounted to the same thing was 
 introduced in its stead, that is, towns were raised 
 to the rank of municipia (Liv. viii. 14), and thus 
 obtained the civitas without the suifragium and the 
 honores ; and when a town was desirous of form- 
 ing a similar relation with Rome, it entered into 
 clientela to some distinguished Roman, who then 
 acted as patron of the client-town, lint the custom 
 of granting the honour of liospes publicus to a dis- 
 tinguished foreigner by a decree of the senate, 
 seems to have existed down to the end of the re- 
 public. (Liv. i. 4.5; V. 28 ; xxxvii. .54.) Whether 
 such a public hospes undertook the same duties to- 
 wards Roman citizens, as tlie Greek proxenus, is 
 uncertain ; but his privileges were the same as 
 those of a municeps, that is, he had the civitas but 
 not the suffragium or the honores. Public hospi- 
 tality was, like the hospitium privatum, hereditary 
 in the family of the person to whom it had been 
 granted. (Diod. Sic. xiv. 93.) The honour of 
 
 HOUSE (GREEK). 
 
 public hospes was sometimes also conferred upon a 
 distinguished Roman by a foreign state. (IJiickh, 
 Cor]\ Iiiscrip. i. n. 1331; Cic. pro liulli. 18; c. 
 Verr. iv. 0".5. Compare Niebuhr, Hist, of Knme, 
 ii. p. 58 ; Walter, Geseh. des Rom. Redds, p. 54, 
 &c. ; Guttling, Gesch. der Rom. Staaisv. i^. 21C, 
 &c.) [L. S.] 
 
 HOSTIA. [Sacrificium.] 
 
 HOSTIS. [Hospitium.] 
 
 HOUSE (GREEK) (oIkos). The scanty no- 
 tices of the domestic, or rather the palatial archi- 
 tecture of the early Greeks, which we find in 
 Homer, are insufficient to give an accurate notion 
 of the names, uses, and arrangement of the apart- 
 ments, which appear, however, to have differed 
 considerably from the usages of later ages. We 
 first gain precise information on the subject about 
 the time of the Peloponnesian war ; and from the 
 allusions made by Greek writers to the houses of 
 this and the immediately subsequent periods, till 
 the time of Alexander, we may conclude that their 
 general arrangement corresponded with that de- 
 scribed by Vitruvius (vi. 7. Schneider). In this 
 description, however, there is one considerable 
 difficidtj', among others of less importance. In a 
 Greek family the women lived in private apart- 
 ments allotted to their exclusive use. Hence the 
 house was always divided into two distinct por- 
 tions, namely, the Andronitis, or men's a))art- 
 inents (oi'Spco^iTis), and the Gynaeconitis, or wo- 
 men's apartments (^yvvaLKuvTris). Now Vitru- 
 vius, after describing the entrance to the house, 
 goes on to the Gynaeconitis, and then speaks of the 
 Andronitis, as if the latter lay behind the fonner, 
 an arrangement which is highly improbable from 
 all we know of the careful seclusion in which the 
 Greek women were kept, and which is also directly 
 opposed to the accounts of writers of the period we 
 have referred to. 
 
 In the earliest times, as in the houses referred 
 to by Homer, tlie women's apartments were in the 
 upper stoiy (vir^paiov). The same arrangement is 
 found in the house spoken of by Lysias (lie ('<irde 
 Eraiosth. p. 12, 13; compare Aristoph. Kn-h^s. 
 961, and Thesmoph. 482). But it does not follow 
 that that was the usual custom at this period. On 
 the contrary, we have the express testimony of 
 several writers, and of Lysias himself among the 
 rest, that the Gynaeconitis was on the same story 
 with the Andronitis, and behind it (Lysias, c. 
 Simon, p. 139 ; Demosth. e. liwrg. p. 1155 ; Xen. 
 Oeeim. ix. 5 ; Antiph. dc Venef. p. (ill) ; and even 
 the tragic poets transfer to the heroic ages the 
 practice of their own, and describe both sets of 
 apartments as on the same floor. (Soph. Oed. Tyr. 
 1241 — 12(i2.) 
 
 Becker {Cliariklcs, p. 184 — 5). notices the dif- 
 ferent explanations which have been given of the in- 
 consistency between these statements and the de- 
 scription of Vitruvius, the most plausible of which 
 is that of Galiani, namely, that in the time of 
 Vitruvius a slight change had taken place in the 
 disposition of the apartments, by which the Andro- 
 nitis and Ciynaeconitis were placed side by side, 
 each of them having its own front towards the 
 street, and its own entrance. 
 
 The front of the house towards the street was 
 not large, as the apartments extended rather in 
 the direction of its di^pth than of its width. In 
 towns the lumses were often built side by side, 
 with party walls between. (Thucyd. ii. 3.) The 
 
HOUSE (GREEK). 
 
 •exterior wall was plain, boiiip; composed generally 
 of stone, brick, ami timber (Xon. Mem. iii. 1 § 7 ; 
 Demoalli. Flfpl 2uvTa|. p. 173), and often covered 
 with stucco. (Plutarch, Comp. Arist. el Cat. 4.) 
 Phitarch speaks of Phocion's house as being orna- 
 mented with plates of iron. (Plut. Phw. 18.) 
 
 That there was no open space between the 
 street and the house-door, like the Roman vesti- 
 bulum, is plain from the law of Ilippias, which laid 
 a ta.x on house-doors opening outwards, because 
 they encroached upon the street. (Aristot. Oecon. 
 ii. 1 347. Bekk.) The irpSBvpa, which is some- 
 times mentioned (Herod, vi. 35), seems to be 
 merely the space in front of the house. We learn, 
 however, from the same law of Ilippias that 
 houses sometimes stood back from the street, with- 
 in enclosures of their own [irpoippdyixaTa or Spv<pa- 
 KToi, Heracl. Pont. Po/it. 1). In front of the 
 house was generally an altai- of Apollo Agyieus, 
 or a rude obelisk emblematical of the god. Some- 
 times there was a laurel tree in the same position, 
 and sometimes a head of the god Hermes. (Thucyd. 
 vi. 27 ; Aristoph. Pint. 1 1 53.) 
 
 A few steps {dvaSadfjLo'i) led up to the house- 
 door, which generally bore some inscription, for 
 the sake of a good omen, or as a charm, such as 
 EJ(ToSos KpaT7)Ti 'Aya6ai Aa'ifiovi. (Plutarch, Fniq. 
 Vit.Cnd.; Diog. Laert. vi. 50.) The form and 
 fastenings of the door are described under Jani'a. 
 This door, as we have seen, sometimes opened out- 
 wards ; but this seems to have been an exception 
 to the general nde, as is proved by the expressions 
 used for opening, ivZovvai, and shutting it, 
 ewi(nrd(Ta(T8ai and i(pi\Kv<Taa6a.i. (Phitarch, 
 Pclap. 11; Dio, 57.) The handles wore called 
 
 The house-door was called ouAtior or aiKeia 
 S>vpa (Pind. Nei)i. i. I!) ; Hai-pocr. .v. v.; Eustath. 
 ad Riail, xxii. (>()), bee luse it led to the auAjf. 
 It gave admittance to a narrow passage {bvpwpftov, 
 •nvKwv, S)vp£v), on one side of which, in a large 
 house, were the stables, on the other the porter's 
 lodge. The duty of the porter {Sivpaipos) was to 
 admit visitors, and to prevent anything improper 
 from being carried into or out of the house. (Aristot. 
 Oecon. i. (i.) Plato {Protai). p. 314) gives a lively 
 picture of an officious porter. The porter was 
 attended by a dog. (Apollod. apad Atlwu. i. p. 3 ; 
 Theocr. xv. 43; Aristoph. Thcsm. 416, Erptit. 
 10"25.) Hence the phrase euXaSeladai t7)v Kvva 
 (Aristoph. Li/sist. 1215), corresponding to the 
 Latin Care cancm. 
 
 At the further end of the passage Vitruvius 
 places another door, which, however, does not 
 seem generally to have existed. Plutarch (de Gen. 
 Soer. c. 18) mentions the house-door as being 
 visible from the peristyle. 
 
 From the dvpoipe'iov we pass into the peristjde 
 or court (TrepicrruAio;', auAyj) of the Andronitis, 
 which was a space open to the sky in the centre 
 (uTToiOpov), and surrounded on all four sides by 
 porticoes (cToai'), of which one, probably that 
 nearest the entrance, was called wpoaroov ( Plato, 
 Protay. p. 314 and 315). These porticoes were 
 used for exercise, and sometimes for dining in. 
 (Pollux, i. 78 ; Plato, Symp. p. 212, Protag. p. 31 1 ; 
 Plutarch, dc Gen. Socr. 32.) Here was connnonly 
 the altar on which sacrifices were offered to the 
 household gods, but fretpiently portable altars 
 were used for this p\irpose. (Plato, de Repuhl. i. 
 p. 328.) Vitruvius (/. c.) says that the porticoes 
 
 HOUSE (GREEK). 493 
 
 of the peristyle were of equal height, or else the 
 one facing the south was built with loftier colunnis. 
 This he calls a Rhodian peristyle. The object 
 sought was to obtain as mucli sun in winter, and 
 as much shade and air in summer, as possible. 
 (Xen. Oecon. ix. 4 ; Aleni. iii. 8. § !) ; Aristot. 
 Oecon. i. 6.) 
 
 Round the peristyle were arranged tlie chambers 
 used by the men, such as banqueting rooms 
 (oT/co(, av^pwvcs), which were large enough to con- 
 tain several sets of couches {TpiKKivoi, eTrra/fAicoi, 
 TpiaKovTd.K\ivoi), and at the same time to allow 
 abundant room for attendants, musicians, and per- 
 formers of games (Vitniv. c. ; Xen. Si/mp. i. 4. 
 8 13; Plutarch, St/inp. v. 5. § 2 ; Aristoph. Eedes. 
 ()7')) ; parlours or sitting rooms (e|fSpai), and 
 smaller chambers and sleeping rooms (puixdria, 
 KoiTwves, oiK-qfiaTa); picture-galleries and libraries, 
 and sometimes store-rooms ; and in the arrange- 
 ment of these apartments attention was paid to 
 their aspect. (Vitruv. 1. c. ; Lysias, de Caede Era- 
 tosth. p. 28, in Kratustli. p. 389 ; Aristoph. Eccles. 
 8. 14 ; Pollux, i. 79 ; Plato, Protaij. p. 314. 316.) 
 
 The perist3'le of the Andronitis was connected 
 with that of the Gynaeconitis by a door called 
 (UeVauAos, fiEcravXos, or fieaavAios, which was in 
 the middle of the portico of the peristyle opposite 
 to the entrance. Vitruvius applies the name 
 fieaavKos to a passage between the two peristyles, 
 in which was the fx^iXavAos 9-vpa. By means of 
 this door all communication between the Arulro- 
 nitis and Gynaeconitis could be shut off. Its uses 
 are mentioned by Xenophon, who calls it S)vpa 
 ^aXavuiTos [Oecon. ix. 5 ; compare Plut. Arut. 26). 
 Its name fieaavAos is evidently derived from 
 /ueffos, and means the door hvticeen the two auAal 
 or peristyles. (Suidas s. v. VliaavKiov : Ael. Dion. 
 upud Eustath. ad Iliad., xi. 547 ; Schol. Apoll. 
 Rhod. iii. 335.) The other name, fiirauAos, is 
 taken by some writers as merely the Attic form of 
 /xia-avAos. (Moer. Att. p. 264.) But it should 
 rather be derived from fierd, as being the door 
 lichiuil or heyond the ai)A^, with respect to the 
 avAeios Stupa. (Lysias, de Cacd. Erat. p. 20 ; Plut. 
 Symp. vii. 1 ; Ael. Dion, upud Eustat/t. I. c.) It 
 should be observed that in the house described 
 by Vitruvius, if the Andronitis and Gynaeconitis 
 lay side by side, the fiecravAos dCpa would not be 
 opposite to the entrance, but in one of the other 
 sides of the peristyle. 
 
 This door gave admittance to the peristyle of 
 the Gynaeconitis, which differed from that of the 
 Andronitis in having porticoes round only three of 
 its sides. On the fourth side (the side facing the 
 south, according to Vitruvius), were placed two 
 antae [Antae], at a considerable distance from 
 each other. A third of the distance between these 
 antae was set off inwards. (Vitruv. I.e. § 1. Quan- 
 tum inter antas distaf, ex co tcrtia dempta spatium 
 datur inirorsus), thus forming a chamber or vesti- 
 bule, which was called irpoard^, -rrapaaTds and 
 perhaps Traffrd^, and also irptfSpcifios (Pollux ; 
 Suid. ; Ilesych. ; Etnnol. Mag. ; Vitniv. c.). On 
 the right and left of this -a-puards were two bed- 
 chambers, the S)dAafios and a,a(j)t9aAa,uoy, of which 
 the foimor was the principal bed-chamber of the 
 house, and here also seem to have been kept the 
 vases, and other valuable articles of ornament. 
 (Xen. Oecon. ix. 3.) Beyond these rooms; (for this 
 seems to be what Vitruvius me;ins by in his locis 
 inirorsus), were large apartments (iffTtivey) used 
 
494 HOUSE (GREEK). 
 
 for working in wool (occi muyui, in quibus niatres 
 familiarum cum lanificis hahcnt scssioncm, Vitruv.). 
 Round the peristyle were the eating-rooms, bed- 
 chambers, store-rooms, and other apartments in 
 common use (iridhiia (juolidiuua, t-ubiculu, et celiac 
 familiaricae). 
 
 Besides the avKsios bvpa and the fiicravXos 
 Sivpa, there was a third door (/cTjTrai'a &upa) lead- 
 ing to the garden. (Pollux, i. 70 ; Domostli. in 
 Etbcrg. p. 115.5; Lysias, in Endodh. p. 393.) 
 Lysias (/. c. p. 3!)4) speaks of another door, which 
 probably led from the garden into the street. 
 
 The following plan of the ground-floor of a Greek 
 house of the larger size is taken from Bekker's 
 Chariklcs. It is of course conjectural, as there are 
 now no Greek houses in existence. 
 
 a. House-door, aiXeios dvpa : ^vp, passage, 
 ^vpwp^'iov or ^vfiwv : A, peristyle or avArj of the 
 Andronitis ; o, the halls and chambers of the An- 
 dronitis ; /x, /xeTauAos or /jitaav^os dtiga : T, peri- 
 style of the Gynaeconitis ; 7, chambers of the 
 Gynaeconitis ; ir, ir^oards or Tragaa-rds : 6, dd\a- 
 fxos and d/xtpiBdAanos : I, rooms for working in 
 wool (i'(TTc5i'69) ; K, garden-door, (crjTraia S-vga. 
 
 There was usually, though not always, an upper 
 story (ujrepwoi', Sii7ges), which seldom extended 
 over the whole space occupied by the lower story. 
 The principal use of the upper story was for the 
 lodging of the slaves. (Demosth. in Eucrg. p. 1156, 
 where the words ec irvg-yif seem to imply a 
 building several stories high.) The access to the 
 upper floor seems to have been sometimes by stairs 
 on the outside of the house, leading up from the 
 street. Guests were also lodged in the upper 
 story. (Antiph. de Vcnef. p. O'll.) But in some 
 large houses there were rooms set apart for their 
 reception (leccufcs) on the ground-floor. (Vitruv. 
 /. f . ; Pollux, iv. 125; Eurip. Alcest. 564.) In 
 cases of emergency store-rooms were fitted up for 
 the accommodation of guests. (Plato, Protay. p. 
 315.) 
 
 Portions of the upper story sometimes projected 
 beyond the walls of the lower part, forming bal- 
 
 HOUSE (ROMAN). 
 
 conies or verandahs (nrgoSoKal, •yeianroSlafiaTa, 
 Pollux, i. 81). 
 
 The roofs were generaUy flat, and it was cus- 
 tomary to walk about upon them. (Lysias, adv. 
 Simon, p. 142 ; Plant. iMi/. n. ii. 3.) But pointed 
 roofs were also used. (Pollux, i. 81.) 
 
 In the interior of the house the place of doors 
 was sometimes supplied by curtains (TragaTrcTocr- 
 fiara), which were either plain, or dyed, or em- 
 broidered. (Pollux, X. 32 ; Thcophrast. 5.) 
 
 The principal openings for the admission of light 
 and air were in the roof's of the peristj'les ; but it is 
 incorrect to suppose that the houses had no win- 
 dows [9-vglSes), or at least none overlooking the 
 street. They were not at all uncommon. (Aris- 
 toph. TJiestn. 797 ; Eccles. 961; Plutai'ch, de 
 Curios. 1 3, Dio, 56.) 
 
 Artificial wannth was procured partly by means 
 of fire-places. It is supposed that chimneys were 
 altogether unknown, and that the smoke escaped 
 through an opening in the roof ( KawvoSSKri, Ilerod. 
 viii. 137). It is not easy to understand how this 
 could be the case when there was an upper story. 
 Little portable stoves (eirxagai, cffxctgiSes) or 
 chafing-dishes {dvBgaKia) were frequently used. 
 (Plutarch, Apophlli. i. p. 717. W. ; Aristoph. Ves]}. 
 81 1 ; Pollux, vi. 89, x. 101.) [Focus.] 
 
 The houses of the wealthy in the country,at least 
 in Attica, were much larger and more magnificent 
 than those in the towns. The latter seem to have 
 been generally small and plain, especially in earlier 
 times, when the Greeks preferred expending the 
 resources of art and wealth on their temples 
 and public buildings (Thucyd. ii. 14. 65; Isocr. 
 Areoji. 20 ; Dicaearch. Stat. Grace, p. 8) ; but the 
 private houses became more magnificent as the 
 public buildings began to be neglected. (Demosth. 
 in Aristocr. p. 089, Olijnth. iii. p. 36.) 
 
 The decorations of the interior were very plain 
 at the period to which our description refers. The 
 floors were of stone. At a late period coloured 
 stones were used. (Plin. H. N. xxxvi. 25. 60.) 
 Mosaics are first mentioned under the kings of 
 Pergamus. 
 
 The walls, up to the 4th century B. c, seem to 
 have been only whited. The first instance of 
 painting them is that of Alcibiades. (Andoc. in 
 AlciL^. 119; Plutarch, Alcih. 16.) This inno- 
 vation met with considerable opposition. (Xen. 
 Mem. iii. 8. § 10 ; Ocean, ix. 2.) Plato mentions the 
 painting of the walls of houses as a mark of a 
 rgvcpwrxa ttSKis [Repuh. iii. p. 372 — 3). These 
 allusions prove that the pi'actiee was not uncommon 
 in the time of Plato and Xenophon. We have 
 also mention of painted ceilings at the same period. 
 (Plato, liepuh. vii. 529.) At a later period this 
 mode of decoration became general. 
 
 (Becker, C/uirilles, i. p. 160, &c.) [P. S.] 
 HOUSE (ROMAN). {Domus ; Aedes privafae.) 
 The houses of the Romans were poor and 
 mean for many centuries after the foundation 
 of the city. Till the war with Pyrrhus the 
 houses were covered only with thatch or 
 shingles (Plin. H.N. xvi. 15), and were usually 
 built of wood or unbaked bricks. It was not till 
 the latter times of the republic, when wealth had 
 been acquired by conquests in the East, that houses 
 of any splendour began to be built ; but it then 
 became the fashion not only to build houses of an 
 immense size, but also to adorn them with columns, 
 paintings, statues, and costly works of art. 
 
HOUSE (ROMAN). 
 
 M. Lepidus, who was consul u. c. 78, was the 
 first wlu) introduced Nuniidian marble into 
 Rome for the purpose of paving the tlireshold 
 of his house ; but the fashion of building magnifi- 
 cent houses increased so rapidly, tluit the house of 
 Lepidus, which, in his consulship, was the first in 
 Rome, was, thirtj'-five years later, not the luin- 
 dredth. (Id. xxxvi. 8. 24. § -4.) LucuUus especially 
 surpassed all his contemporaries in the magnifi- 
 cence of his houses and the splendour of their decor- 
 ations. Marble columns were first introduced into 
 private houses by the orator L. Crassus, but they 
 did not exceed twelve feet in heiglit, and were 
 only six in number. (Id. xvii. 1 ; xxxvi. 3.) He 
 was, liowever, soon surpassed by M. Scaunis, who 
 placed in his atrium columns of black marble, called 
 Lucullean, thirty-eight feet high, and of such im- 
 mense weight that the contractor of tlie sewers 
 took security for any injury that might be done to 
 the sewers in consequence of the columns being 
 carried along the streets. (Id. xxxvi. 2.) 
 
 The Romans were exceedingly partial to marble 
 for the decoration of their houses. Maraurra, 
 who was Caesar's praefectus fabrum in Gaul, set 
 the example of lining his room with slabs of mar- 
 ble. (Id. xxxvi. 7.) Some idea may be formed of 
 the size and magnificence of the houses of the 
 Roman nobles during the later times of the re- 
 public by the price which they fetched. The con- 
 sul Messalla bought the house of Autronius for 
 3700 sestertia (nearly 33,000/.), and Cicero the 
 house of Crassus, on the Palatine, for 3500 sester- 
 tia (neai-ly 31,000/.). (Cic. ad All. i. 13 ; at/ Div. 
 V. C.) The house of Publius Clodius, whom Milo 
 killed, cost 14,800 sestertia (about 131,000/.) ; and 
 the Tusculan villa of Scaurus was fitted up with 
 such magnificence, that when it was burnt by his 
 slaves, he lost 100,000 sestertia, upwards of 
 885,000/. (Plin. H. N. xxxvi. 24.) The house- 
 rent, which persons in poor circumstances usually 
 paid at Home, was about 2000 sesterces, between 
 17/. and 18/. (Suet. ./;//. 38.) It was brought as 
 a charge of extravagance against Caelius that he 
 paid 30 sestertia (about 2U()/.) for the rent of his 
 house. (Cic.;)ra Cud. 7.) 
 
 Houses were originally only one storj' high ; 
 but as the value of ground increased in the city 
 they were built several stories in height, and the 
 highest floors were usually inhabited by the poor. 
 (Cic. Aijr. ii. 35 ; Hor. Ep. i. i. 91 ; Juv. Sul. iii. 
 268, &c. ; X. 17.) To guard against danger from 
 tlie extreme height of houses, Augustus restricted 
 the height of all new houses which were built by 
 the side of the public roads to seventy feet. (Strab. 
 V. p. 235.) TiU the time of Nero, the streets in 
 Rome were narrow and irregular, and bore traces 
 of the haste and confusion with which the city 
 was built after it had been burnt by the Gauls ; 
 but after the great fire in the time of that em- 
 peror, by which two-thirds of Rome was burnt to 
 the ground, the city was built with great regu- 
 larity. The streets were made straight and broad ; 
 the height of the houses was restricted, and a cer- 
 tain part of each was required to be built of 
 Gabian or Alban stone, which was proof against 
 fire. (Tacit. Ann. xv. 43 ; Suet. Ncr. 38.) 
 
 Our information respecting the form and ar- 
 rangement of a Roman house is principally derived 
 from the description of Vitnivius, and the remains 
 of the houses which have been found at Pompeii. 
 Many points, however, are still doubtful ; but 
 
 HOUSE (ROMAN). 495 
 
 without entering into ai'chitectural details, we 
 shall cimfine ourselves to those topics which serve 
 to illustrate the classical writers. The chief rooms 
 in the house of a respectable Roman, though dif- 
 fering of course in size and splendour according to 
 the circumstances of the owner, ajjpcar to have 
 been usually arranged in the same manner ; while 
 the others varied according to the taste and cir- 
 cumstances of the master. 
 
 The ])rincipal parts of a Roman house were 
 the I. V^eslibulum, 2. Ostium, 3. Atrium or Cavnm 
 Aedium, 4. Aloe, 5. Tablinum, 6. Fauces, 7. 
 J'eristi/lium. The parts of a house which were con- 
 sidered of less importance, and of which the ar- 
 rangement ditl'ered in dift'erent houses, were the 
 1. Cuhicula, 2. Triclinia, 3. Occi, 4. Ejcdrac, 5. 
 I'inacutliccu, G. Bildiot/ieca, 7. Bulineum, 8. Culina, 
 9. Coemwula, 10. Diaeta, 11. Holaria. We shall 
 speak of each in order. 
 
 1. Ve.stibulum. The vestibulum did not pro- 
 perly form part of the house, but was a vacant 
 space before the door, forming a court, whicli was 
 surrounded on three sides by the house, and was 
 open on the fourth to the street. The two sides 
 of the house joined the street, but the middle part 
 of it, where the door was placed, was at some 
 little distance from the street. (Gcll. xvi. 5 ; 
 Macrob. Sat. vi. 8.) Hence Pkuitus {Moslcll. m. 
 ii. 132) says, " Viden' vestibulum ante aedes hoc 
 et ambulacnmi quoiusmodi ?" 
 
 2. Ostium. The ostium, which is also caUed 
 janua and fores, was the entrance to the house. 
 The street-door admitted into a hall, to wliich the 
 name of ostium was also given, and in whicli there 
 was frequently a small room {cclla) for the porter 
 {janitor or ostiarius), and also for a dog, which 
 was usually kept in the hall to guard the house. 
 A fuU account of this part of the liouse is given 
 under JaiNija. Another door (janua interior) op- 
 posite the street door led into the atrium. 
 
 3. Atrium or Cavum Aedium, as it is written 
 by Van-o and Vitruvius ; Pliny writes it Cavae- 
 dium. Hirt, Miiller {Etruskcr, i. p. 255), Marini, 
 and most modern writers, consider the Atrium and 
 Caviun Aedium to be the same ; ljut Newton, 
 Stratico, and more recently Becker {Gait us, i. p. 
 77, &c.), maintain that they were distinct rooms. 
 It is impossible to pronounce a decisive opinion on 
 the subject ; but from the statements of Varro (X>e 
 Limi. Lai. v. 161. MUUer) and Vitruvius (vi. 3. 
 4. Ripont), taken in connection with the fact that 
 no houses in Pompeii have been yet discovered 
 which contain both an Atrium and Cavum Aedium, 
 it is most probable that they were the same. The 
 etymology of Atrium is mentioned under that 
 head. 
 
 The Atrium or Cavum Aedium was a large 
 apartment roofed over with the exception of an 
 opening in the centre, called compluvium, towards 
 which the roof sloped so as to throw the rain- 
 water into a cistern in the floor, temted implurium 
 (Varro, /.c; Festus, .v. t;. 7m^)/i«!Ht»i ), which was 
 frequently ornamented with statues, columns, and 
 other works of art. (Cic. c. Vcrr. ii. i. 23. 56.) 
 The word inrpluriutii, however, is also employetl 
 to denote the aperture in the roof. (Ter. Eim. ill. 
 V. 41.) Schneider, in his commentaiy on Vitru- 
 vius, supposes cavum aedium to mean the whole 
 of this apartment including the impluvium, while 
 atrium signified only the covered part exclusive of 
 the impluvium. Mazois, on tlie contrary, main- 
 
496 HOUSE (ROMAN). 
 
 tains that atrium is applied to the whole apart- 
 ment, and cavnm aediiim only to the uncovered part. 
 Tlie breadth of the inipluvium, according to Vitru- 
 vius (vi. 4), was not less than a quarter nor 
 greater than a third of the breadth of the atrium ; 
 its length was in the same proportion according to 
 the length of the atrium. 
 
 Vitruvius (vi. 3) distinguishes five kinds of 
 atria or cava aedium, which were called by the 
 following names : — 
 
 (1.) Tiismnicum. In this the roof was sup- 
 ported by four beams, crossing each other at right 
 angles, the included space foraiing the compluvium. 
 This kind of atrium was jjrobably the most 
 ancient of all, as it is more simple than the others, 
 and is not adapted for a very large bmlding. 
 
 (2.) Tetrasti/lum, This was of the same form 
 as the preceding, except that the main beams of 
 the roof were supported by pillars, placed at the 
 four angles of the inipluvium. 
 
 (3.) Corintliium was on the same principle as 
 the tetrastyle, only that there were a greater num- 
 ber of pillars around the impluvium, on which the 
 beams of the roof rested. 
 
 (4.) DiaphivUdiim had its roof sloping the con- 
 trary way to the impluvium, so that the water fell 
 out^idc the house instead of being carried into the 
 inipluvium. 
 
 (.■).) TcdiuHnatum was roofed all over and had 
 no compluvium. 
 
 The atrium was the most important room in the 
 house, and among the wealthy was usually fitted 
 up with much splendour and magnificence. (Com- 
 pare Ilor. Ciinii. III. i. 4G.) The marble columns 
 of Scaurus already spoken of were placed in the 
 atriimi. The atrium appears originallj' to have 
 been the only sitting-room in the house, and to 
 have served also as a kitchen (Serv. ad }lri/. Acn. 
 
 i. 726 ; iii. 353) ; and it probably continued to do 
 so among the lower and middle classes. In the 
 houses of the wealthy, however, it was distinct 
 from the private apartments, and was used as a re- 
 ception room, where the patron received his clients, 
 and the great and noble the numerous visitors who 
 were accustomed to call every morning to pay 
 their respects or solicit favours. (Hor. Ep. i. v. 
 30; Juv. vii. 7. 91.) Cicero frequently complains 
 that he was not exempt from this annoyance, 
 when he retired to his country-houses. (Ad Att. 
 
 ii. 14; V. 2, kc.) But though the atrium does 
 not appear to have been used by the wealthy as a 
 sitting-room for the family, it still continued to be 
 employed for many purposes which it had origin- 
 ally served. Thus the nuptial couch was placed 
 in the atrium opposite the door (7« aula, Ilor. JCp. 
 I. i. 87 ; Ascon. hi Cic. jn-o Alii. p. 43. Orelli), 
 and also the instruments and materials for spinning 
 and weaving, which were fonnerly carried on by 
 the women of the family in this room. (Ascon. 
 /. c.) Here also tlie images of their ancestors 
 were placed (Juv. viii. 19 ; Mart. ii. 90), and the 
 focus or fire-place, which possessed a sacred cha- 
 racter, being dedicated to the Lares of each family. 
 [Focus.] 
 
 4. Alae, wings, were small apartments or re- 
 cesses on the left and right sides of the atrium. 
 (Vitruv. vi. 4.) 
 
 t). Tablinum was in all probability a recess or 
 room at the further end of the atrium opposite the 
 door leading into the hall, and was regarded as 
 part of the allium. It contained the family records 
 
 HOUSE (ROMAN). 
 
 and archives. (Vitniv. vi. 4 ; Festus, s. v. ; Plin. 
 H. N. XXXV. 2.) 
 
 With the tablinum, the Roman house appears 
 to have originally ceased ; and the sleeping rooms 
 were probably ■•frranged on each side of the atrium. 
 But when the atrium and its surrounding rooms 
 were used I'or the reception of clients and other 
 public visitors, it became necessary to increase the 
 size of the house ; and the following rooms were 
 accordingly added : — 
 
 6. Fauces appear to have been passages, which 
 passed from the atrium to the peristylium or in- 
 terior of the house. (Vitruv. vi. 3.) 
 
 7. Peristvlu'im was in its general form like 
 the atrium, but it was one-third greater in breadth, 
 measured transversel}', than in length. (Vitruv. 
 vi. 4.) It was a court open to the sky in the mid- 
 dle ; the open part, which was surrounded by 
 columns, was larger than the impluvium in the 
 atrium, and was frequently decorated with flowers 
 and shrubs. 
 
 The arrangement of the rooms, which are next 
 to be noticed, varied, as has been remarked, ac- 
 cording to the taste and circumstances of the 
 owner. It is therefore impossible to assign to 
 them any regidar place in the house. 
 
 1. CunicuLA, bed-chambers, appear to have been 
 usually small. There were separate cubicula for 
 the day and night {cuhicula diurtia et nodmiia, 
 Plin. iJp. i. 3) ; the latter were also called dunni- 
 toria. [Id. v. 6 ; Plin. H. N. xxx. 17.) Vitruvius 
 (vi. 7) recommends that they should face the east 
 for the benefit of the rising sun. They some- 
 times had a small ante-room, which was called by 
 the Greek name oi ■npoKondv. (Plin. Ep. ii. 17.) 
 
 2. Triclinia are treated of in a separate 
 article. 
 
 3. Oeci, from tlie Greek oIkos, were spacious 
 halls or saloons borrowed from the Greeks, and 
 were frequently used as triclinia. They were to 
 have the same proportions as triclinia, but were to 
 be more spacious on account of having columns, 
 which triclinia had not. (Vitruv. vi. 5.) Vitru- 
 vius mentions four kinds of oeci : — 
 
 (1.) The Tetrastyle, which needs no further de- 
 scription. Four columns supported the roof. 
 
 (2.) The Corinthian, which possessed only one 
 row of columns, supporting the architrave {episiy- 
 Uum), cornice (corona), and a vaulted roof. 
 
 (3.) The AcpyjitiiDi, which was more splendid 
 and more like a basilica than a Corinthian triclinium. 
 In the Aegyptiaii oecus, the pillars supported a 
 gallery with paved floor, which fomicd a walk 
 round the apartment ; and upon these pillars, 
 others were placed, a fourth part less in height 
 than the lower, which surroimded the roof. Be- 
 tween the upper columns windows were inserted. 
 
 (4.) The Cyzicenc (Kv^iKuvoi) appears in the 
 time of Vitruvius to have been seldom used in Italy. 
 These oeci were meant for summer use, looking 
 to the north, and, if possible, facing gardens, to 
 which they opened by folding doors. Pliny had 
 oeci of this kind in his villa. 
 
 4. Exedrae, which appear to have been in 
 form much the same as the oeci, for Vitruvius (vi. 
 5) speaks of the exedrae in connection with 
 oeci quadrati, were rooms for conversation and 
 the other purposes of society. (Cic. dc Nat. Dear. 
 i. 6 ; De Orat. iii. 5.) They served the s;une 
 purposes as the exedrae in the Themiae and 
 (iymnasio, which were semicircular rooms with 
 
HOUSE (ROMAN). 
 
 seats for philosophers and others to converse in. 
 (Vitruv. V. 11, vii. 9 ; Baths, p. 143.) 
 
 6, 6, 7. PiNACOTHECA, BiBLIOTHECA, and 
 
 Balineum [see Baths], are treated of in separate 
 articles. 
 
 8. CuLiNA, the kitchen. The food was origin- 
 ally cooked in the atrium, as has been ah'eady 
 stated ; but the progress of refinement afterwards 
 led to the use of another part of the house for this 
 purpose. In the kitchen of Pansa's house, of 
 which a ground-plan is given below, a stove for 
 stews and similar preparations was found, very 
 much like the charcoal stoves used in the present 
 day. (See woodcut.) Before it lie a knife, a 
 strainer, and a kind of frying-pan with four 
 spherical cavities, as if it were meant to cook 
 
 In this kitchen, as well as in many others at 
 Pompeii, there are paintings of the Lares or do- 
 mestic gods, under whose care the provisions and 
 all the cooking utensils were placed. 
 
 9. Coenacula properly signified rooms to dine 
 in ; but after it became the fashion to dine in the 
 
 I 
 
 HOUSE (ROMAN). 497 
 
 upper part of the house, the whole of the rooms 
 above the ground-floor were called coenacula (Varr. 
 de Limj. Lat. v. 162. Miiller), and hence Festus 
 says, "• Coenacula dicuntur, ad quae scalis ascendi- 
 tur." (Compare Dig. 9. tit. 3. s. 1.) As the rooms 
 on the ground-floor were of different heights and 
 sometimes reached to the roof, all the rooms on 
 the upper story could not be united with one an- 
 other, and consequently different sets of stairs 
 would be needed to connect them with the lower 
 part of the house, as we find to be the case in 
 houses at Pompeii. Sometimes the stairs had no 
 connection with the lower part of the house, but 
 ascended at once from the street. (Liv. xxxix. 14.) 
 At Rome the highest floors, as already remarked 
 (p. 495), were usually inhabited by the poor. 
 (Compai-e Suet. VitcU. 7.) 
 
 10. Diaeta was an apartment used for dining 
 in, and for the other purposes of life. (Plin. Ep.xi. 
 17 ; Suet. Claud. 10.) It appears to have been 
 smaller than the triclinium. Diaeta is also the 
 name given by Pliny (£/). vi. 5) to rooms contain- 
 ing three or four bed-chambers (cuhicula). Plea- 
 sure-houses or summer-houses are also called di- 
 aetae. (Dig. 30. tit. 1. s. 43 ; 7. tit. 1. s 13, 
 §8.) 
 
 11. Solaria, properly places for basking in 
 the sun, were terraces on the tops of houses. 
 (Plaut. Mil. II. iii. C9, iv. 25 ; Suet. Ner. IG.) 
 In the time of Seneca the Romans formed artificial 
 gardens on the tops of their houses, wliich con- 
 tained even fruit-trees and fish-ponds. (Sen. Ep. 
 122, Contr. Exc. v. 5 ; Suet. Claud. 10.) 
 
 The two woodcuts annexed represent two atria 
 of houses at Pompeii. The first is the atrium of 
 what is usually called the house of the Quaestor. 
 The view is taken near the entrance-hall facing the 
 tablinura, tlirough which the columns of the peri- 
 style and the garden are seen. This atrium, which 
 is a specimen of what Vitruvius calls the Corin- 
 
 thian, is surrounded by various rooms, and is 
 beautifully painted with arabesque designs upon 
 red and yellow grounds. 
 
 The next woodcut represents the atrium of 
 what is usually called the house of Ceres, In the 
 
 centre is the impluviiim, and the passage at the 
 further end is the ostium or entrance hall. As 
 there are no pillars around the impluvium, 
 this atrium must belong to the kind called by 
 Vitruvius the Tuscan. 
 
 2 K 
 
498 
 
 HOUSE (ROMAN). 
 
 The preceding account of the different rooms, 
 and especially of the arrangement of the atrium, 
 tablinum, peristyle, &c., is best illustrated by the 
 houses which have been disinterred at Pompeii. 
 The ground-plan of two is accordingly subjoined. 
 The first is the plan of a house, usually called the 
 house of the tragic poet. 
 
 Like most of the other houses at Pompeii, it 
 had no vestibulum according to the meaning which 
 we have attached to the word. 1. The ostium or 
 entrance hall, which is six feet wide and nearly 
 thirty long. Near the street door there is a figure 
 of a large fierce dog worked in mosaic on the 
 pavement, and beneath it is written Cave Canem. 
 The two large rooms on each side of the vestibule 
 appear from the large openings in front of them to 
 have been shops ; they communicate with the en- 
 trance hall, and were therefore probably occupied 
 by the master of the house. 2. The atrium, winch 
 is about twenty-eight feet in length and twenty in 
 breadth ; its impUivium is near the centre of the 
 room, and its floor is paved with white tesserae, 
 spotted with black. 3. Chambers for the use of 
 the family, or intended for the reception of guests, 
 who were entitled to claim hospitality. When 
 a house did not possess an hospitium, or rooms 
 expressly for the reception of guests, they ap- 
 
 HOUSE (ROMAN). 
 
 pear to have been lodged in rooms attached to 
 the iitrium. [Hospitium.] 4. A small room with 
 a stair-case leading up to the upper rooms. 5. 
 Alae. 6. The talilinum. 7. The fauces. 8. Peri- 
 style, with Doric columns and garden in the centre. 
 The large room on the right of the peristyle is the 
 triclinium ; beside it is the kitchen ; and the 
 smaller apartments are cubicula and other rooms 
 for the use of the family. 
 
 The next woodcut contains the ground-plan of 
 an insula, which was properly a house not joined 
 to the neighbouring houses by a common wall. 
 (Festus, s. V.) An insula, however, generally 
 contained several separate houses, or at least 
 separate apartments or shops, which were let to 
 dift'erent families ; and hence the term doraus un- 
 der the emperors appears to be applied to the 
 house where one family lived, whether it were an 
 insula or not, and insula to any hired lodgino-g 
 This insula contains a house, surrounded by shops 
 which belonged to the owner and were let out by 
 him. The house itself, which is usually called the 
 house of Pansa, evidently belonged to one of the 
 principal men of Pompeii. Including the garden 
 which is a third of the whole length, it is about 
 300 feet long and 100 wide. 
 
 
 Q 
 
 
 
 s 
 
 
 A. Ostium, or entrance-hall, paved with mosaic. 
 B. Tuscan atrium. I. Impluvium. C. Chambers 
 
HOUSE (ROMAN). 
 
 on each side of the atrium, probably for the recep- 
 tion of guests. D. Ala. E. Tablinum, which is 
 open to the peristyle, so that the whole length of 
 the house could be seen at ouce ; but as there is a 
 passage (fauces), P, beside it, the tablinum might 
 ])rnbably be closed at the pleasure of the owner. 
 C. Cliambers by the fauces and tablinum, of which 
 the use is uncertain. G. Peristyle. D. Ala to 
 the peristyle. C. Cubicula by the side of the 
 peristyle. K. Triclinium. L. Oecus, and by its 
 side there is a passage leading from the peristyle 
 tn the garden. M. Back door {posiicum ostium) to 
 tlie street. N. Culina. H. Servants' hall, with 
 a l)ack door to the street. P. Portico of two stories, 
 which proves that the house had an upper floor. 
 The site of the staircase, however, is unknown, 
 tiiough it is thought there is some indication of 
 nin" in the passage, M. Q. The garden. R. Reser- 
 voir for supplying a tank, S. 
 
 The preceding rooms belonged exclusively to 
 Pansa's house ; but there were a good many apart- 
 ments besides in the insula, which were not in his 
 occupation, o. Six shops let out to tenants. Those 
 on the right and left hand corners were bakers' 
 shops, which contained mills, ovens, &c. at K The 
 one on the right appears to have been a large 
 establishment, as it contains many rooms. £. Two 
 houses of a very mean class, having formerly an 
 upper story. On the other side are two houses 
 much larger, 
 
 Having given a general description of the rooms 
 of a Roman house, it remains to speak of the 
 (1) floors, (2) walls, (3) ceilings, (4) windows, and 
 (5) the mode of warming the rooms. For the doors 
 see .Janua. 
 
 (1.) The floor (solum) of a room was seldom 
 boarded, though this appears to have been some- 
 times done {strata solo talmlata, Stat. Sih.i. v. 57). 
 It was generally covered with stone or marble, or 
 mosaics. The common floors were paved with 
 pieces of bricks, tiles, stones, &c., forming a kind 
 of composition called rmlcratio. (Vitruv. vii. 1.) 
 Another kind of pavement was that called opus 
 Sujninum^ which was a kind of plaster made of 
 tiles beaten to powder and tempered with mortar. 
 It derived its name from Siguia, a town of Italy, 
 celebrated for its tiles. (Plin. H.N. xxxv. 4b'.) 
 Sometimes pieces of marble were embedded in a 
 composition ground, which appear to have fonned 
 the floors called hy Pliny harharica or suhtecjulanea.. 
 and which probably gave the idea of mosaics. As 
 these floors were beaten down (pavita) with ram- 
 mers (fisiucae), the word pavimcjitum became the 
 general name for a floor. The kind of pavement 
 called scalpturatum was first introduced in the 
 temple of Jupiter Capitolinus after the beginning of 
 the third Punic war, but became quite common in 
 Rome before the beginning of the Cimbric war. 
 (Id. xxxvi. Gl.) Mosaics, called by Pliny litlio- 
 stroia {\i86<TTpt»Ta), though this word has a more 
 
 HOUSE (ROMAN). 4.09 
 
 extensive meaning, first came into use in SuUa's 
 time, who made one in the temple of Fortune at 
 Praeneste. (Id. xxxvi. 64.) Mosaic work was 
 afterwards called Mitxivum opus. (Spartian. Pescen. 
 A7</. ; Trcbell. PoUio, Tn'iiin. Tyrann. 24 ; 
 Augustin. Dc Cicilate Dei, xvi. 8. ) The floors of the 
 houses at Pompeii are frequently composed of 
 
 mosaics, which are usually formed of black frets on 
 a white ground, or white ones on a black ground, 
 though some of them are in coloured marbles. 
 The materials of which they are generally fonned 
 are small pieces of red and white marble and red 
 tile, set in a very fine cement and laid upon a 
 deep bed of mortar, which served as a base. The 
 three examples here given, which are taken from 
 houses at Pompeii, will convey a general idea of 
 their form and ajjpearance. 
 
 Mosaic pavements, however, have been dis- 
 covered at Pompeii, which represent figures and 
 scenes of actual life, and are in reality pictures in 
 mosaic. One of the most beautiful of these is 
 given in its original colours in Gell's Pompeiuna, 
 2nd scries, plate xlv. It is composed of very fine 
 pieces of glass, and represents the choragus, or 
 master of the chorus, instructing the actors in their 
 parts. A still more extraordinary mosaic painting 
 was discovered in Pompeii in 1831 ; it is sup- 
 posed to represent the battle of Issus. {Museo 
 Borbonico, viii. t. 36 — 45.) 
 
 (2) The inner walls {parieies) of private rooms 
 2 K 2 
 
500 HOUSE (ROMAN). 
 
 were frequently lined with slaLs of marble (Plin. 
 H. N. xxxvi. 7), but were more usually covered by 
 paintings, which in the time of Augustus were 
 made upon the walls themselves. The prevalence 
 of this practice is attested not only by Pliny (//. 
 A''. XXXV. 37), but also by the cii'cumstance that 
 even the small houses in Pompeii have paintings 
 upon their walls. The following woodcut, which 
 represents the side of a wall at Pompeii, is one of 
 the simplest but most common kind. The compart- 
 ments are usually filled with figures. 
 
 The general appearance of the walls may be seen 
 from the woodcuts at p. 443, 497, 498. Subjects of 
 all kinds were c]u)sen for painting on the walls, as 
 may be seen by a reference to the Museo Borbonico, 
 Gell, Mazois, &c. (Compare Vitruv. vii. 5.) The 
 colours seem usually to have been laid upon a dry 
 ground, but were sometimes placed upon it wet, as 
 in the modern fresco painting (colon's udo tectorio 
 inducere, Vitruv. vii. 3). The walls also appear 
 to have been sometimes ornamented with raised 
 figures, or a species of bas-relief {ti/pos in tectorio 
 atriuli includere, Cic. m/ Att. i. 10), and some- 
 times with mosaics. (Plin. //. A^. xxxvi. 64.) 
 
 (3.) The ceilings seem originally to have been left 
 uncovered, the beams which supported the roof or 
 the upper story being visible. Afterwards planks 
 were placed across these beams at certain intervals, 
 leaving hollow spaces, called lacunaria or laqucaria, 
 which were frequently covered with gold and 
 ivory, and sometimes with paintings. (Hor. Carm. 
 ii. 18 ; Plin. //. A': xxxiii. 18; Sen. Ep. 90 ; 
 Suet. Ner. 31.) There was an arched ceiling in 
 common use, called Camara, whicli is described in 
 a separate article. 
 
 (4.) The Roman houses had few windows (fenes- 
 trar). Tile principal apartments, the atrium, peri- 
 style,&c.,were lighted,as we have seen, from above, 
 and the cubicula and other small rooms generally 
 derived tlieir light from them, and not from win- 
 dows looking into the street. The rooms only on 
 the upper story seem to have been usually lighted 
 by windows. (Juv. iii. 270.) Very few houses in 
 Pompeii have windows on the ground-floor open- 
 ing into the street, though there is an exception to 
 this in the house of the tragic poet, which has six 
 windows on the ground-floor. Even in this case, 
 however, the windows are not near the ground as 
 in a modern house, but are six feet six inches 
 above the foot-pavement, which is raised one foot 
 seven inches above the centre of the street. The 
 windows are small, being hardly three feet by two; 
 and at the side there is a wooden frame, in which 
 the window or shutter might be moved backwards 
 or forwards. The lower part of the wall is occu- 
 pied by a row of red panels four feet and a half 
 
 HOUSE (ROMAN). i 
 
 high. The following woodcut represents part of 
 the wall, with apertures for windows above it, 
 as it appears from the street. The tiling upon the 
 wall is modem, and is only placed there to pre- 
 serve it from the weather. 
 
 The windows appear originally to have been 
 merely openings in the wall, closed by means of 
 shutters, which frequently had two leaves (bi/ores 
 feTWstrae, Ovid, Pout. ni. iii. 5), whence Ovid 
 (A}Hor. I. V. 3) says, 
 
 " Pars adaperta fuit, pars altera clausa fenestrae." 
 
 They are for this reason said to be joined, when 
 they are shut. (Hor. Carm. ii. 25.) Windows 
 were also sometimes covered by a kind of lattice or 
 trellis work (cluiliri), and sometimes by net-work, 
 to prevent serpents and other noxious reptiles from 
 getting in. (Plaut. Mil. u. iv. 25 ; Varro, Jie 
 liust. iii. 7.) 
 
 Afterwards, however, windows were made of a 
 transparent stone, called liipis spccularis (mica), 
 which was first found in Hispania Citerior, and 
 afterwards in Cyprus, Cappadocia, Sicily, and 
 Africa; but the best came from Spain and Cap- 
 padocia. It was easily split into the thinnest 
 laminae, but no pieces had been discovered, says 
 Pliny,above five feet long. (PUn. H.A^. xxxvi. 4.5.) 
 Windows made of this stone were called specularia. 
 (Sen. Ep. 90 ; Plin. Ep. ii. 17 ; Mart. viii. 14.) 
 Windows made of glass (vitrum) are first men- 
 tioned by Lactantus (De Ojiif. Dei, 8), but the 
 discoveries at Pompeii prove that glass was used 
 for windows under the early emperors, as frames 
 of glass and glass windows have been found in 
 several of the houses. 
 
 (5.) The rooms were heated in winter in different 
 ways ; but the Romans had no stoves like ours. 
 The cubicula, triclinia, and other rooms, which 
 were intended for winter use, were built in that 
 part of the house upon which the sun shone most ; 
 and in the mild climate of Italy this frequently 
 enabled them to dispense with any artificial mode 
 of wanning the rooms. Rooms exposed to the sun 
 in this way were sometimes called /ieliocami?ti. 
 (Plin. Ep. ii. 17; Dig. 8. tit. 2. s. 17.) The 
 rooms were sometimes heated by hot air, which 
 was introduced by means of pipes from a funiacc 
 behiw (Plin. Ep. ii. 17 ; Sen. Ep. 90), but more 
 frequently by portable furnaces or braziers (yot7//i), 
 in which coal or charcoal was burnt. (See wood- 
 cuts, p. 139. 426.) The camiims, was also a kind 
 of stove, in which wood appears to have been 
 usually burnt, and probably only differed from the 
 foculus in being larger and fixed to one place. 
 (Suet. Vitell. 8; Hor. &it. I. v. 81.) It has been 
 a sulijcct of much dispute among modern writers, 
 whether the Romans had chiumeys for carrj-ing off 
 
"TBPEnS rPA4>H'. 
 
 'TnHPE'THS. 
 
 501 
 
 the smoke. From many passages in ancient 
 writers, it certainly appears that rooms usually had 
 no chimneys, but that the smoke escaped through 
 the windows, doors, and openings in the roof 
 (Vitruv. vii. 3 ; Hor. I. c. ; Voss, (ul Vin/. Oeoiy. 
 ii. ■242) ; but chimneys do not appear to have been 
 entirely unknown to the ancients, as some are said 
 to have been found in the ruins of ancient build- 
 ings. (Becker, Gulliis, i. p. 102.) 
 
 (Winkelmann, Schriften iifwr die He.rhilanisclicn 
 Entdeckungen ; Hirt, Geschichic dcr Baukuust ; 
 Mazois, Les Ruines de Pomj>ti, part ii., Ia; Palais 
 de Scaurus ; Gell, Pompciana ; Pompeii, Lond. 
 r2mo. 1832; Becker, (?«&«.,• Schneider, ati Vitruv.) 
 
 'TAKl'NeiA. [HVACINTHIA.] 
 
 "TBPEn2 rPA<i>H'. This action was the princi- 
 pal remedy prescribed by the Attic law for wanton 
 and contumelious injury to the person, whether in 
 the nature of indecent (5i' alaxpovpyia^) or other 
 assaults (5i<i irK-qyuv). If the offence were of the 
 former kind, it would always be available when the 
 sufferer was a minor of either sex (for the consent 
 of the infant was immaterial), cr when an adult 
 female was forcibly violated : and this protection 
 was extended to all conditions of life, whether 
 bond or free. (Demosth. c. Afcid. 529. 15.) The 
 legal representative (Kvpios), however, of such per- 
 son might, if he pleased, consider the injury as a 
 private rather than a public wrong, and sue for 
 damages in a civil action. [BIAI'nN AI'KH.] 
 With respect to common assaults, a prosecution of 
 this kind seems to have been allowable only when 
 the object of a wanton attack was a free person 
 (Aristot. Rkci. ii. 24), as the essence of the offence 
 lay in its contumely, and a slave could incur no 
 degradation by receiving a blow, though the injury, 
 if slight, might entitle the master to recover da- 
 mages for the battery (oi'/ci'a), or, if serious, for the 
 loss of his services [BAA'BHS AI'KH] in a private 
 lawsuit. (Meier, Att. Proc. 326.) These two last- 
 mentioned actions might also be resorted to by a 
 free citizen when similarly outraged in his own per- 
 son, if he were more desirous of obtaining compensa- 
 tion for the wrong, than the mere punishment of 
 the wrongdoer, as the penalty incurred by the de- 
 fendant in the public prosecution accrued to the 
 state and not to the plaintiff. A fine also of a 
 thousand drachmae, forfeited by the prosecutor 
 upon his relinquishing his suit or failing to obtain 
 the votes of a fifth of the dicasts, may have contri- 
 buted to render causes of this kind less frequent, 
 and partly account for the circumstance that there 
 are no speeches extant upon this subject. If, how- 
 ever, the case for the prosecution was both strong 
 and clear, the redress aftbrded by the public action 
 was prompt and efficient. Besides the legitimate 
 protectors of women and children, any Athenian 
 citizen in the enjoyment of his full franchise might 
 volunteer an accusation : the declaration was laid 
 before the thesmothetae, who, except it were hin- 
 dered by extraordinary public business, were bound 
 not to defer the trial before the Heliaea beyond a 
 month. The severity of the sentence extended to 
 confiscation or death ; and if the latter were award- 
 ed, the criminal was executed on the same day : if 
 a fine were imposed upon him he was allowed but 
 a period of eleven days for its payment, and, if 
 the object of his assault were a free person, he was 
 imprisoned till the claun of the state was liqui- 
 dated. (Demosth. c; Aeschin. c. Tim. 41.) 
 
 [J. S. M.] 
 
 'TAPIA*OPl'A was one of the services which 
 aliens (neroiKoi) residing at Athens had to per- 
 fonn to the Athenians at the Panathenaea, and by 
 which it was probably only intended to impress 
 upon them the recollection that they were mere 
 aliens and not citizens. The hydriaphoria was 
 performed only by the wives of aliens (Pollux, iii. 
 55) ; whereas their daughters had on the same oc- 
 casion to perform the <jKia.Sr]rj>op'ia (the carrying of 
 parasols) to the Athenian maidens, and their 
 husbands the (7Ka(pT](popia (the carrying of vessels, 
 see Aelian, V. If. vi. 1, with Perizonius ; Harpo- 
 crat. s. V. 2Ka<fyti(popoi). It is clear from the words 
 of Aelian that these humiliating services were not 
 demanded of the aliens by the laws of Solon, but 
 that they were introduced at a later period. 
 (Wachsmuth, Helkn. Alterth. i. i. p. 250, &c. ; 
 Petitus, Li'ff. Att. p. 95.) The hydriaphoria was 
 the carrying of a vessel with water (vipla, Aris- 
 toph. Ecchs. 738), which service the married 
 alien women had to perform to the married part of 
 the female citizens of Athens, when they walked 
 to the temple of Athena in the great procession 
 at the Panathenaea. (Compare Meursius, Pana- 
 tliemtca, c. 21.) [L. S.] 
 
 'TAnPOl', or 'TAHfiPOl', is explained by 
 Hesychius (s. v.) as officers who had the superin- 
 tendence of forests {ii\i)v <pvKd<T<Twv, compare 
 Suidas, s. ti.). Aristotle {Polit. vi. 5), who divides 
 all public officers into three classes (apxo-'-, ^"■f- 
 fie\TtTai, and UTTTjpeTOf), reckons the vXwpol among 
 the ivifieK7\Tai, and says that by some they were 
 called dypovofMoi. The}' seem to have been a kind 
 of police for the protection of the forests, similar 
 to the German f orsti'r. But the exact nature of 
 their office, or the particular Greek states where it 
 existed, are unknown. [L. S.] 
 
 'TnEPH'MEPOS. ['ENE'XTPA.] 
 
 •TnHPESI'A. ['XnHPE'THS.J 
 
 'TRHPE'THS (u7rr)p6(Ti'a). This word is de- 
 rived from ipeaaw, eperTjs, and therefore originally 
 signifies a rower ; but in later times the word was, 
 with the exception of the soldiers or marines, ap- 
 plied to the whole body of persons who performed 
 any service in a vessel. (Thucyd. vi. 31, with 
 OoUer's note; Demosth. c. Poli/d. p. 1214. 1216, 
 &c. ; Polyb. v. 109.) In a still wider sense uTr^jp- 
 6T7)s was applied to any perscm who acted as the 
 assistant of another, and performed manual labour 
 for him, whether in sacred or profane things (Pol- 
 lux, i. 1. 16 ; viii. 10), whence the word is some- 
 times used as synonymous with slave. (Clitarchus, 
 ap. Allien, vi. p. 267 ; compare Pollux, vii. 8. 2 ; 
 Hesych. s. d.) Hence also the name vnripfTai was 
 sometimes given to those men by whom the hopli- 
 tae were accompanied when they took the field, 
 and who carried the luggage, the provisions, and 
 the shield of the hoplites. ( Bockh, i. p. 
 
 292; Xen. Cyrop. ii. 1. § 31.) The more com- 
 mon name for this servant of the hoplites was 
 (rKiv6<popos. 
 
 At Athens the name uTrrjperrjs, or the abstract 
 lijrrjpecr/a, seems to have been applied to a whole class 
 of officers. Aristotle {Polit. vi. 5) divides all public 
 officesinto three classes, dpxai or magistracies, em^te- 
 Aeiai or administrations, and iJirTjpeo'iai or seirices. 
 Now all public officers at Athens, in as far as they 
 were the representatives of the people, or the exe- 
 cutors of its will, were appointed by the people it- 
 self or by the senate ; and with the exception of 
 some subaltern military officers, we never find that 
 
502 
 
 'rno'PXHMA. 
 
 HYACINTHIA. 
 
 one public officer was appointed by another. A public 
 officer, therefore, when he appointed another per- 
 son to perform the lower or more meclianical parts 
 of his office, could not raise him to the rank of a 
 public officer, but merely engaged him as his ser- 
 vant (uTTTjpeTTjj), and on his own responsibility. 
 These vin]peTai, therefore, were not public officers, 
 properl}' speaking, but only in as far as they took 
 a part in the functions of such officers. The origi- 
 nal and characteristic difference between them and 
 real public officers was, that the fomier received 
 salaries, while the latter had none. Among the 
 vrniperai were reckoned the lower classes of scribes 
 [rPAMMATET'2], heralds, messengers, the mini- 
 sters of the Eleven, and others. This class of persons, 
 as might be supposed, did not enjoy any high de- 
 gree of estimation at Athens (Pollux, vi. .31), and 
 from Aristotle (PoW. iv. 12) it is clear that they 
 were not always Athenian citizens, but sometimes 
 slaves. [L. S.] 
 
 'THEPn'ON. [House (Greek), p. 494.] 
 
 'TnET'0TNO2. ['ETQT'NH.] 
 
 'TnOBOAH"2 rPA<j>H'. Of this action we 
 learn from the Lex. Rhet. that it was one of the 
 many institutions calculated to preserve the purity 
 of Attic descent, and preferred against persons 
 suspected of having been supposititious children. If 
 this fact was established at the trial, the pretended 
 citizen was reduced to slavery, and his property 
 confiscated. [J. S. M.] 
 
 'rnOAH'MA. [Calceus.] 
 
 'rnorPAMMATErS. [rPAMMATET'2.] 
 
 'TnnM02I'A. [AIAITHTAI', p. 331 ; AI'KH, 
 p. 330.) 
 
 'TnO'PXHMA was a lively kind of mimic dance 
 which accompanied the songs used in the worship 
 of Apollo, especially among the Dorians. It was 
 perfonned by men and women. (Athen. xiv. 
 p. 631.) A chorus of singers at the festivals of 
 Apollo usually danced around the altar, whUe 
 several other persons were appointed to accompany 
 the action of the song with an appropriate mimic 
 perfo nuance (viropxe^aBai). The hj'porchema was 
 tlius a lyric dance, and often passed into the play- 
 ful and comic, whence Athenaeus (xiv. p. G30, 
 &c.) compares it with the cordax of comedy. It 
 had, according to the supposition of Miiller, 
 like all the music and poetry of the Dorians, 
 originated in Crete, but was at an early period in- 
 troduced in the island of Delos, where it seems to 
 liave continued to be perfonned down to the time 
 of Lucian. ( Athon. i. p. 1 5 ; Lucian, De Saliat. 
 IG ; compare Miiller, Dor. ii. 8. § 14.) A similar 
 kind of dance was the yipavos, which Theseus on 
 his return from Crete was said to have performed 
 in Delos, and which was customary in this island 
 as late as the time of Plutarch. ( T/ies. 21.) The 
 leader of this dance was called yepavovKKos. 
 (Hesych. s.r.) It was performed with blows, and 
 with various turnings and windings (ev (ivdfxiji 
 irepi€A.i'j€is Koi dveKi^eis cxoi'Ti), and was said to 
 be an imitation of the windings of the Cretan 
 labyrinth. When the choms was at rest, it formed 
 a semicircle, with leaders at the two wings. (Pol- 
 lux, iv. 101.) 
 
 The poems or songs which were accompanied by 
 the hj porchem were likewise called liyporchemata. 
 The first poet to whom such jjoems are ascribed 
 was Thaletiis ; their character must have been in 
 accordance with the playfulness of the dance 
 which bore the same name, and by which they 
 
 were accompanied. The fragments of the hyporche- 
 mata of Pindar confirm this supposition, fur their 
 rhythms are peculiarly light, and have a vi-ry 
 imitative and graphic character. (Hilckh, l>e Mctr. 
 Piml. p. 201, &c., and p. 270.) These character- 
 istics must have existed in a much higher degree 
 in the hyporehematic songs of Thaletas. (Miiller, 
 Hist, of Greek Lit. i. p. 23, &c. ; compare with 
 p. 160, &c.) [L. S.] 
 
 'TnOTl'MH2I2. [Census.] 
 
 HYACl'NTHIA ('ToKiV0ia), a great national 
 festival, celebrated every year at Amyclae by 
 the Amyclaeans and Spartans. The ancient writers 
 who mention this festival, do not agree in the 
 name of the divinity in whose honour it was 
 held : some say that it was the Amyclaean or 
 the Camean Apollo, others that it was the 
 Amyclaean hero, Hyacinthus ; a third and more 
 probable statement assigns the festival to the 
 Amyclaean Apollo and Hyacinthus together. This 
 Amyclaean Apollo, however, with whom Hya- 
 cinthus was assimilated in later times, must 
 not be confounded with Apollo, the national divi- 
 nity of the Dorians. (M idler, Orchom. p. 327 ; Dor. 
 ii. 8. § 15.) The festival was called after the 
 youthful hero Hyacinthus, who evidently derived 
 his name from the tlower hyacinth (the emblem of 
 death among the ancient Greeks), and whom 
 Apollo accidentally struck dead with a quoit. The 
 Hyacinthia lasted for three days, and began on the 
 longest day of the Spartan month Hecatombeus 
 (the Attic Hecatombaeon, Hesych. s. v. 'EKaTOfjr 
 S(vs: Manso, Sparta, iii. 2. p. 201), at the time 
 when the tender flowers, oppressed by the heat of 
 the sun, drooped their languid heads. On the first 
 and last day of the Hyacinthia sacrifices were 
 offered to the dead, and the death of Hyacintlms 
 was lamented. During these two days nobody 
 wore any garlands at the repasts, nor took bread, 
 but only cakes and similar things, and no paeans 
 were sung in praise of Apollo ; and when the 
 solemn repasts were over, every body went home 
 in the greatest quiet and order. This serious and 
 melancholy character was foreign to all the other 
 festivals of Apollo. The second day, however, was 
 wholly spent in public rejoicings and amusements. 
 Amyclae was visited by numbers of strangers(7ran;- 
 yvpis d^i6\oyos /col ix€ya,\rf ), and boys played the 
 cithara orsangtothe accompaniment of the flute,and 
 celebrated in anapaestic metres the praise of Apollo, 
 while others, in splendid attire, performed a horse- 
 race in the theatre. This horse-race is probably the 
 dydv mentioned by Strabo (vi. p. 278). After this 
 race there followed a number of choruses of youtiis 
 conducted by a xopoTrot6s (Xcn. Ayesit. 2. 17), in 
 which some of their national songs (eTrixap'" 
 iroL-fifxaTa) were sung. During the songs of these 
 choruses dancers performed some of the ancient 
 and simple movements with the accompaniment of 
 the flute and the song. The Spartan and Amy- 
 claean maidens, after this, riding in chariots made of 
 wicker-work (KayaBpa), and splendidly adorned, 
 performed a beautiful procession. Numerous sacri- 
 fices were also offered on this day, and the citizens 
 kept open house for their friends and relations ; and 
 even slaves were allowed to enjoy themselves. 
 (Didymus, ap. Athen. iv. p. 139.) One of the fa- 
 vourite meals on this occasion was called kott'is, 
 and is described by Molpis {up. Atluin. iv. p. 140) 
 as consisting of cake, bread, meat, raw herbs, broth, 
 figs, desert, and the seeds of lupine. Some ancient 
 
HYDRAULA. 
 
 writers, when speaking of the Hyacinthia, apply 
 to the whole festival such epithets as can only bo 
 used in regard to tlie second day ; for instance, 
 when they call it a merry or joyful solenniity. 
 Macrohius {.Saturn. i. 18) states that the Amydae- 
 ans wore chaplets of ivy at the Hyacinthia, which 
 can only be true if it be understood of the second 
 day. The incorrectness of these writers is how- 
 ever in some degree excused by the fact, that the 
 second day formed the principal part of the festive 
 season, as appears from the description of Didy- 
 mus, and as may also be inferred from Xenophon 
 (^HdUn. iv. 5. § 11 ; compare Agcsil. 2. 17), wlio 
 makes tiie paean the principal part of the Hya- 
 cinthia. The great importance attached to this 
 festival by the Amyclaeans and Lacedaemonians 
 is seen from the fact, that the Amyclaeans, even 
 when they had taken the field against an enemy, 
 always returned home on the approach of the 
 season of the Hyacinthia, that they might not be 
 oliliged to neglect its celebration (Xen. Ilclh-n. iv. 
 5. § 1 1 ; Pans. iii. 10. § 1), and that the Lacedae- 
 monians on one occasion concluded a truce of forty 
 days with the town of Eira, merely to be able to 
 return home and celebrate the national festival 
 (I'aus. iv. 1,9. § 3); and that in a treaty with 
 Sparta, B. c. 4'21, the Athenians, in order to show 
 their good-will towards Sparta, promised every 
 year to attend the celebration of the Hyacinthia. 
 (Tliucyd. V. 23.) "[L. S.] 
 
 HYDRAULA (uSpauArjs), an organist. Ac- 
 cording to an author quoted by Athenaeus (iv. 75; 
 ciimpare Plin. //. N. vii. 38), the first organist 
 wMs Ctesibius of Alexandria, who lived about B. c. 
 -110. He evidently took the idea of his organ 
 from the Syrinx or Pandean pipes, a musical 
 instrument of the highest antiquity among the 
 Greeks. His object being to employ a row of 
 pipes of great size, and capable of emitting the 
 most powerful as well as the softest sounds, he con- 
 trived the means of adapting keys with levers 
 (d7KMJ'i'(rK-oj),and with perforated sliders (Trw/xara), 
 to open and sliut the mouths of the pipes (yKuirrtjo- 
 Kofia), a supply of wind being obtained, without 
 intemiission, by bellows, in which the pressure of 
 water performed the same part which is fulfilled in 
 the modern organ by a weight. On this account 
 the instrument invented by Ctesibius was called 
 the water-organ (iISpauAis, Athen. I. c. ; uSpai/Ai- 
 Kov dpydvov. Hero, Spirit.; Vitruv. x. 13; Schnei- 
 der, ad loc. ; Drieberg, die pneum. Erfimlumjm der 
 (Irieclmi, p. 53 — 61 ; hydraulus, Plin. //. A'^ ix. 
 8; Cic. Tusc. iii. 18). Its pipes were partly of 
 bronze (xaAteii) dpoupo, Jul. Imp. in Bnmck's 
 Anal. ii. 403; sec/cs atna, Claud, dc Mall. Tlicod. 
 Cons. 316), and partly of reed. The number of its 
 stops, and consequently of its rows of pipes, varied 
 from one to eight (Vitruv. 1. c), so that TertuUian 
 {De Anima, 14) describes it with reason as an ex- 
 ceedingly complicated instrument. It continued 
 in use so late as the ninth century of our era: in 
 the year 826, a water-organ was erected by a 
 Venetian in the church of Aquis-granum, the mo- 
 dern Aix-la-Chapelle. (Quix, Munster-kirclie in 
 Aachen, p. 14.) 
 
 The organ was well adapted to gratify the Ro- 
 man people in the splendid entertainments provid- 
 ed for them by the emperors and other opulent per- 
 Mins. Nero was very curious about organs, both 
 ill regard to their musical effect and tlieir mecha- 
 nism. (Sueton. Net: 41. 54.) A contorniate coin 
 
 JANUA.' 503' 
 
 of this emperor, in the British Museum (see wood- 
 cut), shows an organ with a sprig of laurel on one 
 
 side, and a man standing on the other, who may 
 have been victorious in the exhibitions of the cir- 
 cus or the amphitheatre. It is probable that these 
 medals were bestowed upon such victors, and that 
 the organ was impressed upon them on account of 
 its introduction on such occasions. (Havercamp, 
 De Num. contorniutis.) The general fonn of the 
 organ is also clearly exhibited in a poem by Publi- 
 lius Optatianus, describing the instrmnent, and 
 composed of verses so constmcted as to show both 
 the lower part which contained the bellows, the 
 wind-chest which lay upon it, and over this the 
 row of 2fi pipes. These are represented by 26 
 lines, which increase in length each by one letter, 
 until the last line is twice as long as the first. 
 (Wernsdorf, Poetae Lai. Min. v. ii. p. 3.04—413.) 
 
 [J. Y.] 
 
 HYDRAULUS [Hydraula]. 
 HYPOCAUSTUM. [Baths, p. 142.] 
 
 HYPOOE'UM. [CONDITORIUM.] 
 
 HYPOTHE'CA. [PiGNUs.] 
 HYPUTHECA'RIA ACTIO. [Pignus.] 
 
 I. J. 
 
 JA'CULUM. [Ha.sta, p. 4C8.] 
 
 JA'NITOR. [Janua, p.507.] 
 
 JANUA i^vpa), a door. Besides being appli- 
 cable to the doors of apartments in the interior of 
 a house, which were properly called ostia (Isid. 
 Oriy. XV. 7 ; Virg. Aen. vi. 43. 81), this term more 
 especially denoted the first entrance into the house, 
 i. e. the front or street door, which was also called 
 antiaim (Festus, s. v.), and in Greek Sivpa avAe'ios, 
 av\e'ia, avKios, or avX'ia (Od. xxiii. 49; Pind. 
 Nem. i. 19; Menand. p. 87. Mein.; Harpocra- 
 tion, V. ; Theophr. CJuir. 18 ; Theocrit. xv. 43 ; 
 Charit. i. 2 ; Herodian, ii. 1). The houses of the 
 Romans commonly had a back-door, called posti- 
 ciim, postica, ov postinda (Festus, s. v. ; Hor. Epist. 
 I. V. 31 ; Apul. Met. ii., ix. ; Plant. Must. in. iii. 
 27; Sueton. Claud. 18), and in Greek irapo6upa, 
 dim. vapaBvpiov. Cicero {post. Red. 6) also calls 
 it pseudut/ii/ran, " the false door," in contradistinc- 
 tion to janiia, the front door ; and, because it often 
 led into the garden of the house (Plaut. Utieh. iii. 
 
 40 — 44), it was called the garden-door {Kri-rcala, 
 Hermip. ap. Athen. xv. 6). 
 
 The door- way, when complete, consisted of four 
 indispensable parts, the threshold, or sill; the 
 lintel ; and the two jambs. 
 
 The threshold {liiiien, jSrjAos, o'vSas) was the ob- 
 
504 
 
 JANUA. 
 
 JANUA. 
 
 ject of superstitious reverence, and it was thought 
 unfortunate to tread on it with tlie left foot. On 
 tliis account the steps leading into a temple were 
 of an uneven number, because the worshipper, 
 after placing his right foot on the bottom step, 
 would then place the same foot on the threshold 
 also. (Vitniv. iii. 4.) Of this an example is pre- 
 sented in the woodcut, p. 50. 
 
 The lintel (jiujununtinn, Cat.de Re Rust 14; 
 supercilium, Vitruv. iv. ti) was also called limen 
 (Juv. vi. 227), and more specifically limen superum 
 to distinguish it from the sill, which was called 
 limen i)i/erum (Phut. Merc. v. i. 1). Being de- 
 signed to support a superincumbent weight, it was 
 generally a single piece, either of wood or stone. 
 Hence those lintels, which still remain in ancient 
 buildings, astonish us by their great length. In 
 large and splendid edifices the jambs or door-posts 
 (pastes, (TTa^/ioi) were made to converge towards 
 the top, according to certain rules, which are given 
 by Vitruvius c). In describing the construc- 
 tion of temples he calls them antepcir/menfa, the 
 propriety of which term may be understood from 
 the ground-plan of the door at p. 198, where the 
 hinges are seen to be behind the jambs. This 
 plan may also serve to show what Theocritus 
 means by the hollow door-posts (crraQixA Koi\a 
 9-vpdoiv, Idyll, xxiv. IS). In the Augustan age 
 it was fashionable to inlay the posts with tortoise- 
 shell. (Virg. Geoty. ii. 4(j3.) Although the jamb 
 was sometimes nearly twice the length of the 
 lintel, it was made of a single stone even in the 
 largest edifices. A very striking effect was pro- 
 duced by the height of these door- ways, as well as 
 by their costly decorations, beautiful materials, and 
 tasteful proportions. 
 
 The door in the front of a temple, as it reached 
 nearly to the ceiling, allowed the worshippers to 
 view from \vithoHt the entire statue of the divinity, 
 and to observe the rites performed before it. Also 
 the whole light of the building was commonly ad- 
 mitted through the same aperture. These circum- 
 stances are illustrated in the accompanying wood- 
 cut, showing the front of a small temple of Jupiter, 
 
 taken from a bas-relief. (Man. Matt. v. iii. Tah. 
 39.) The tenu anteparjmeyitum, which has been 
 already explained, and which was applied to the lin- 
 tel as well as the jambs (antepagmenlum superius, 
 Vitruv. iv. (i. 1), implies, that the doors opened in- 
 wards. This is clearly seen in the same woodcut, 
 and is found to be the construction of all ancient 
 buildings at Pompeii and other places. In some 
 of these buildings, as, for example, in that called 
 " the house of the tragic poet," even the marble 
 threshold rises about an inch higher than the bot- 
 tom of the door (Cell's Pompeiana, '2nd Ser. i. p. 
 144), so that the whole frame of the door was in 
 every part behind the door-case. After the time of 
 Hippias the street-doors were not pennitted to 
 open outwardly at Athens (Becker, C/mrikks, i. 
 p. 189.200); and hence ivSoumt meant to open 
 the door on coming in, and iinavdffaaQaL or €<p^K- 
 Kvcraadai to shut it on going out. In a single in- 
 stance only were the doors allowed to open out- 
 wardly at Rome ; an exception was made as a 
 special privilege in honour of Marcus Valerius. 
 (Plut. Poplic. ; Schneider ui Vitrur. iv. 6. 6.) 
 
 The lintel of the oblong door-case was in all 
 large and splendid buildings, such as the great 
 temples, surmounted either by an architrave and 
 cornice, or by a cornice only. As this is not 
 shown in the bas-relief above introduced, an actual 
 door- way, viz., that of the temple of Hercules at 
 Cora, is here added. Above the lintel is an archi- 
 
 trave with a Latin inscription upon it, and above 
 this a projecting cornice supported on each side by 
 a console, which reaches to a level with the bottom 
 of the lintel. The top of the cornice (corona szimina, 
 Vitruv. iv. 6. 1 ) coincided in height with the tops 
 of the capitals of the colunms of the pronaos, so 
 that the door-way, with its superstructure, was 
 exactly equal in height to the cohunns .and the 
 Antae. This superstruction was the hjperth/rum 
 of Vitmvius (/. e.), and of the Greek architects 
 whom he followed. The next woodcut shows one of 
 the two consoles which support the cornice of a beau- 
 
JANUA. 
 
 JANUA. 
 
 505 
 
 tifal Ionic door- way in the temple of Minerva Polias 
 at Athens. In the inscription relating to the build- 
 ing of that temple, which is now in the Elgin col- 
 lection of the IJritish Museum, the oljject here 
 delineated is called our r(f virep6vp(ji. Other 
 Greek names for it, used by Vitruvius (iv. C. 4), 
 are parotis and ancon, literally a " side-ear" and 
 " an elbow." The use of consoles, or trusses, in 
 this situation was characteristic of the Ionic style 
 of architecture, being never admitted in the Doric. 
 It is to be observed that Homer {Od. vii. 90), 
 Hesiod (6'c«/. 271), and Herodotus (i. 179), use 
 the term lin-epdvpov, or its diminutive vmpBvpiov, 
 to include the lintel. Upon some part of the hy- 
 perthyrmn there was often an inscription, recording 
 the date and occasion of the erection, as in the 
 case of the temple of Hercules above represented, 
 or else merely expressing a moral sentiment, like 
 the celebrated " Know thyself" upon the temple at 
 Delphi. 
 
 The door itself was called /oris or valva, and in 
 Greek cravij, (cAhtios, or ^vperpov. These words 
 are commonly found in the plural, because the door- 
 way of every building of the least importance con- 
 tained two doors folding together, as in aU the 
 instances already referred to. When foris is used 
 in the singular, we may observe that it denotes one 
 of the folding doors only, as in the phrase foris 
 crepuif, which occurs repeatedly in Plautus, and 
 describes the creaking of a single valve, opened 
 alone and turning on its pivots. Even the inter- 
 nal doors of houses were bivalve (Gell's Pompei- 
 ana, 2nd Ser. i. p. 166) ; hence we read of " the 
 folding-doors of a bed-chamber" (fores ciJiictili, Suet. 
 Auff. 82; Q. Curt. v. 6; aavlS^s e3 dpapuiai, 
 Horn. Od. xxiii. 42 ; vvAai SiTrAai, Soph. Oed. 
 Tyr. 1261). But in every case each of the two 
 valves was ^vide enough to allow persons to pass 
 through without opening the other valve also. 
 Even each valve was sometimes double, so as to 
 fold like our window-shutters {dajiliccs complica- 
 lilesque, Isid. OW(/. xv. 7). The mode of attaching 
 doors to the door- way is explained under the article 
 Cardo. 
 
 The remaining specimens of ancient doors are 
 all of marble or of bronze ; those made of wood, 
 which was by far the most common material, have 
 perished. The door of a tomb at Pompeii (Mazois, 
 Ruims de Pompei, toin. i. pi. xix. fig. 4) is made 
 of a single piece of marble, including the pivots, 
 which were encased in bronze, and turned in 
 sockets of the same metal. It is 3 feet high, 2 feet 
 9 inches wide, i-^ inches thick. It is cut in front 
 to resemble panels, and tlius to ajiproach nearer 
 to the appearance of a common wooden door, and 
 it was fastened by a lock, traces of which remain. 
 The beautifully wrought tombs of Asia Minor (see 
 p. 437) and other eastern countries,have stonedoors, 
 made either to turn on pivots or to slide sideways 
 in grooves. Doors of bronze are often mentioned 
 by ancient writers. (Herod, i. 179 ; Plin. H. N. 
 xxxiv. 7.) The doors of a supposed temple of 
 Remus, still existing at Rome, and now occupied 
 as a Christian church, are of this material. Mr. 
 Donaldson (CoUeclioti of Door-ways from Ancient 
 Buildings, London, 1833, pi. 21) has represented 
 them filling up the lower part of the door-way of 
 the temple at Cora, as shown in the last woodcut, 
 which is taken from him. The four panels are 
 surrounded by rows of small circles, marking the 
 spots on which were fixed rosettes or bosses, simi- 
 
 lar to those which are described and figured in the 
 article Bulla, and which served both to strengthen 
 and to adorn the doors. The leaves of the doors 
 were sometimes overlaid with gold, as in the temple 
 of Solomon at Jerusalem ( 1 Kings, vi. 32 — 35); at 
 other times they were enriched with the most ex- 
 quisite carving. (Ovid, Met. viii. 705 ; Virg. Georg. 
 
 iii. 26 ; Aen. vi. 20 — 33.) Those in the temple of 
 Minerva, at Syracuse, are said Ijy Cicero ( Verr. ii. 
 
 iv. 5()) to have exceeded all others in the curious and 
 beautiful workmanship executed upon them in gold 
 and ivory. " It is incredible," says he, " how 
 many Greeks have left writings descrii)tive of the 
 elegance of these valves." One of the ornaments 
 was " a most beautiful Gorgon's head with tresses 
 of snakes," probably occupying the centre of a 
 panel. In addition to the sculptui'es upon the 
 valves themselves, the finest statues were some- 
 times placed beside them, probably at the base of 
 the antepagmenta, as in the magnificent temple of 
 Juno in Samos. (Cic. Verr. ii. i. 23.) In the 
 fancied palace of Alcinous {Od. vii. 83 — 94) the 
 door-case, which was of silver with a threshold of 
 bronze, included folding-doors of gold ; whilst dogs, 
 wrought in gold and silver, guarded the approach, 
 probably disposed like the avenue of sphinxes be- 
 fore an Egyptian temple. As luxury advanced among 
 the Romans metal took the place of wood, even in 
 the doors of the interior of a house. Hence the 
 Quaestor Sp. Carvilius reproved Camillas for 
 having his chamber doors covered with bronze 
 {acraia ostia, Plin. /. c). 
 
 A lattice-work is to be observed above the 
 bronze doors in the last woodcut, Mr. Donaldson 
 having introduced it on the authority more espe- 
 cially of the Pantheon at Rome, where the upper 
 part of the door-way is filled with a window such 
 as that here represented. Vitruvius (iv. 6. l)calls it 
 the hypcietrum, and his language implies that it 
 was commonly used in temples. 
 
 The folding-doors exhibited in the last woodcut, 
 instead of a rebate such as we employ, have an up- 
 right bronze pilaster standing in the middle of the 
 door-way, so as to cover the joining of the valves. 
 The fastenings of the door {elaustra, OWd, Amor. 
 I. yi. 17; ohiccs) commonly consisted in a bolt 
 (pessidus; ndvSaXos, Karox^us, KKeidgov, AH. 
 K\riepov, Soph. Ocd. Tyr. 1262, 1287, 1294) 
 placed at the base of each foris, so as to admit of 
 being pushed into a socket made in the sill to re- 
 ceive it (wdfirlv. Soph. Oed. Tyr. 1261). The 
 Pompeian door-ways show two holes correspond- 
 ing to the bolts of the two fores (Gell, Pompeiana, 
 2nd Ser. i. p. 167); and they agree with nume- 
 rous passages which mention in the plural number 
 "the bolts," or "both the bolts" of a door. (Plant. 
 Aubcl. I. ii. 26 ; Cure. i. ii. GO — 70 ; Soph. //. cc. ; 
 Callim. in Apoll. 6.) 
 
 The annexed woodcut shows an ancient bolt 
 preserved in the Museum at Naples. (Mazois, 
 Raines de Pompei, t. i. partie 2. pi. vii. ) 
 
 By night, the front-door of the house was fm'ther 
 secured by means of a wooden and sometimes an 
 iron bar {sera, repagula, fiox^os) placed across it, 
 and inserted into sockets on each side of the door- 
 way. (Festus, s. i: Adscrere; Ovid, Amor. i. 6. 
 24 — 56.) Hence it was necessary to remove the 
 bar {tov fiox^^ov Ttapdipepetv) in order to open the 
 door {resera7-e). (Theophrast. Ckar. 18; Plutarch, 
 Pelop. p. 517. ed. Steph. ; Plant. Cist. iii. 18; 
 Ovid, Met. v. 120.) Even chamber-doors were 
 
506 
 
 JANUA. 
 
 secured in the same manner (Heliodor. vi. p. 281. 
 ed. Comm. ; cubicuii obseratis fonbus, Apid. Met. 
 ix.) ; and here also, in case of need, tlie bar was 
 employed as a further security in addition to the 
 two bolts (KK-pdpa avfiv^oaifovTes /xox^ois, Eurip. 
 Orest. 15-tb", i.5UG; Iph. Aid. 345; Androm. 952). 
 To fasten the door with the bolt wasjanuae pessu- 
 luin obdei-e, with the bar januam ubscrare (Ter. 
 Eun. iii. 5. 55 ; iv. 6. 2G ; Hcuuf. ii. 3. 37). At 
 Athens a jealous husband sometimes even proceed- 
 ed to seal the door of the women's apartment. 
 (Aristoph. 77«'5»!.422; Menand. p. 185. ed. Mein.) 
 The door of a bed-chamber was sometimes covered 
 with a curtain [Velum]. 
 
 In the Odyssey (i. 442 ; iv. 802 ; xxi. G, 46— 
 50) we find mention of a contrivance for bolting or 
 unbolting- a donr from the outside, which consisted 
 in a leathern thong (iV«s) inserted through a hole 
 in the door, and by means of a loop, ring, or hook 
 (Kiel's, K^Tfts), which was the origin of keys, capa- 
 ble of laying hold of the bolt so as to move it in 
 the manner required. The bolt by the progress of 
 improvement was transformed into a lock, and the 
 keys found at llerculaneum and Fom))cii [Clavis], 
 and those attached to rings (Goi-laei, DacU/liot/i. 42, 
 205 — 209) prove, that among the polished Greeks 
 and Romans the art of the locksmith (KKeiRoiroids) 
 approached very nearly to its present state. (A- 
 chill. Tat. ii. 19.) 
 
 The door represented in the first woodcut to this 
 article has a ring upon each valve, which was used 
 to shut the door, and therefore called the eiria-ira- 
 (TT-ng. Herodotus (vi. 91) tells a story of a captive 
 who, having escaped to a temple of Ceres, clung to 
 the rings on the doors with both his hands. This 
 appendage to the door, which was sometimes gilt 
 and very handsome, was also called, on account of 
 of its fonn Kp'iKos and /copcwi'T/, i. e., a " circle " or 
 "crown" (Hom. Od. i. 441 ; vii. 90); and, be- 
 cause it was used sometimes as a knocker, it was 
 called f)6irTpov (Ilarpocrat, s. i'. ; Xen. Hcllvn. vi. 
 4. § 36). The term K(5pa|, " a crow " (Brunck, 
 Anal. iii. 168), probably denoted a knocker more 
 nearly approaching tlie fomi of that bird, or per- 
 liaps of its neck and head. The lowest figure in 
 the last woodcut shows a richly ornamented epi- 
 
 JANUA. 
 
 spaster, from the collection at Naples. That with 
 a lion's head is taken from a bas-relief, represent- 
 ing the doors of a temple, in the collection at Ince- 
 Blundoll, near Liverpool. The third figure is from 
 the Neapolitan Museum. 
 
 Before the door ofa palace, or of any private house 
 of a superior description, there was a passage lead- 
 ing to the door from the public road, which was 
 called vesiibulum (Isid. Oiiij. xv. 7 ; Plant. Most. 
 111. ii. 132; Gell. xvi. 5) and irpoBvpov (Vitruv. 
 vi. 7. 5; Od. xviii. 10—100; Herod, iii. 35. 140). 
 It was provided with seats (Herod, vi. 35). It 
 was sometimes covered by an arch [Camera], 
 which was siipported by two pillars (Servius in 
 Viiy. Acii. ii. 469) ; and sometimes adorned with 
 sculptures (Virg. Acn. vii. 181; Juv. vii. 126). 
 Here persons waited, who came in the morning to 
 pay their respects to the occupier of the house. 
 (Gell. iv. 1.) In the vestibule was placed the do- 
 mestic altar [Ara, p. 69]. The Athenians also 
 planted a laurel in the same situation, beside a 
 figure designed to represent Apollo (Aristoph. 
 T/ie^m. 496; Plant. Merc. iv. 1. 11, 12); and 
 statues of Mercury were still more frequent (Thu- 
 cyd. vi. 27), being erected there on the principle 
 of setting a thief to catch a thief. (Schol. ad Aris- 
 toph. I'M. 1155.) 
 
 The DoNARiA offered to the gods were suspend- 
 ed not only from the Antae, but likewise from 
 the door-posts and lintels of their temples (Virg. 
 Aen. iii. 287 ; v. 360 ; Ovid, Trkt. ill. i. 34 ; Hor. 
 Carni. IV. xv. 8 ; Epist. I. i. 5 ; I. xviii. 56 ; Pers. 
 Sat. vi. 45 ; Plin. H. N. xxxv. 4), as well as of 
 palaces, which in ancient times p;irtook of the 
 sanctity of temples. (Virg. Aen. ii. 503 ; vii. 183.) 
 Victors in the games suspended their crowns at 
 the door of a temple. (Pind. Nem. v. 53.) In 
 like manner persons fixed to the jambs and lintels 
 of their own doors the spoils which they had taken 
 in battle. (Festus, s. v. Hcsujnare; Plin. H. N. 
 xxxv. 2.) Stag's honis and boar's tusks were on 
 the same principle used to decorate the doors of 
 the temples of Diana, and of the private indivi- 
 duals who had taken these animals in the chace. 
 Owls and other nocturnal birds were nailed upon 
 the doors as in modern times. (Pallad. dc Kc Rust. 
 i. 35.) Also garlands and wreaths of flowers were 
 suspended over the doors of temples in connection 
 with the performance of religious rites, or the ex- 
 pression of public thanksgiving, being composed in 
 each case of productions suited to the particular 
 divinity whom they were intended to honour. In 
 this manner the corona spkca was suspended in 
 honour of Ceres (Tib. I. i. 21 ; see also Virg. 
 Ciris, 95 — 98). Laurel was so used in token of 
 victory, especially at Rome (Ovid, Mat. i. 562), 
 where it sometimes overshadowed the Corona 
 CiviCA on the doors of the imperial palace. (Ovid, 
 Trist. iii. 1. 35—49 ; Plin. //. N. xv. 39 ; laureutis 
 foribus. Sen. Consul, ad Polyb. 35 ; Val. Max. ii. 
 8. 7.) The doors of private houses were orna- 
 mented in a similar way, and with different plants 
 according to the occasion. More especially, in cele- 
 bration of a marriage either laurel or myrtle was 
 placed about the door of the bridegroom. (Juv. vi. 
 79. 228 ; Claud, de Nupt. Hon. ct Mar. 208.) 
 Catullus, in describing an imaginary marriage, sup- 
 poses the whole vestibulum to have been tastefully 
 overarched with the branches of trees. {Epithal. 
 Pel. ct Tltet. 278—293.) The birth of a child 
 was also announced by a chaplet upon the door 
 
lATROSOPHISTA. 
 
 IMPERIUM. 
 
 507 
 
 (Juv. ix. 84), and a death was indicated by cy- 
 presses, probably in pots, placed in tlie vestibulum. 
 (Plin. H. N. xvi. GU ; Serv. iit Viiy. Acn. iii. (j-t.) 
 in addition to trees, branches, garlands, and 
 wreaths of iiowers, the Romans sometimes dis- 
 played lamps and torches before the doors of their 
 houses for the purpose of expressing gratitude and 
 joy. (Juv. xii. 92.) Music, both vocal and instru- 
 mental, was sometimes performed in the vcstibulmn, 
 especially on occasions when it was intended to do 
 honour to the master of the house, or to one of his 
 family. (Pind. Ncni. i. 19, 20; hth. i. 3.) 
 
 It was considered improper to enter a house 
 without giving notice to its inmates. This notice 
 the Spartans gave by shouting ; the Athenians and 
 all other nations by using the knocker already de- 
 scribed, but more commonly by rapping with the 
 knuckles or with a stick (/cpoueii', Kdimiy, Becker, 
 Chari/;. v. i. p. 230—234 ; Plato, Froiu</. p. 151, 
 159. ed. Bekker). In the houses of the rich a 
 porter {Janitor, cu$(os, dvpwpus) was always in at- 
 tendance to open the door. (Tibull. i. i. 5(i.) He 
 was connnonly a eunuch or a slave (Plato, I. c), 
 and was chained to his post. (Ovid, Amor. i. 6 ; 
 Sueton. de Ctur. I{hct. 3.) To assist him in guard- 
 ing the entrance, a dog was universally kept near 
 it, being also attached by a chain to the wall (Theo- 
 crit. XV. 43 ; Apollodor. ap. Atlui/i. i. 4 ; Aristoph. 
 T/u'.s,ii. 423 ; Li/^ist. 1217 ; Tibull. ii. iv. 32— 3(j); 
 and in reference to this practice, the warning Cave 
 Cauem, €vAa§ov T-ijv Kvya, was sometimes writ- 
 ten near the door. Of this a remarkable example oc- 
 curs in "• the house of the tragic poet " at Pompeii, 
 where it is accompanied by the hgure of a fierce 
 dog, wrought in Mosaic ou the pavement. (Gell's 
 I'omp. 2nd ser. i. p. 142. 145.) Instead of this 
 harsh admonition, some walls or pavements exhi- 
 bited the more gracious SALVE or XAIPE. 
 (Plato, Charm, p. 94. ed. Heindorf.) The appro- 
 priate name for the portion of the house immedi- 
 ately behind the door {dupwv. Soph. Oed. Ti/r. 
 1242 ; Elect. 328), denotes that it was a kind of 
 apartment ; it corresponded to the hall or lobby of 
 our houses. Innnediately adjoining it, and close 
 to the front door, there was in many houses a 
 small room for the porter {cella, or aiilula janitoris, 
 Sueton. Vitcll. 16; Varro, de Re Rust. i. 13; 
 ^vpup^tov, Pollux, i. 77). [J. Y.J 
 
 lATKALlPTA, lATRALlPTES, or lA- 
 TROALIPTES ('lorpaAetTrT^s), the name given 
 by the ancients to a physician who paid particular 
 attention to that part of medical science called 
 latralipiice. The name is compounded of larpos 
 and d,\ii(pw, and signifies literally a ji/ii/sivkm t/iat 
 cures hy anointing. According to Pliny (//. A^. 
 xxix. 2), they were at first only the slaves of 
 physicians, but afterwards rose to the rank of 
 physicians themselves,, and were therefore superior 
 to the aliptae. [Aliptak.] The word occurs in 
 Paulus Aegineta [De Re Med. iii. 47), Celsus 
 {De Medic, i. 1 ) and other medical writers. 
 
 [W. A. G.] 
 
 lATRALlPTlCE {'laTpaKimriKr,) was that 
 part of the art and science of medicine which had 
 for its object the preservation or restoration of 
 health by gjTunastics and different kinds of bodily 
 exercises, including unctions and frictions. It was, 
 according to Pliny (//. A', xxx. 2), first practised 
 by Prodicus. [Gymnasium, p. 4U4.] [W. A. G.] 
 
 'IATPO'2. LMedicus.] 
 
 lATRUSOPIllSTA ('IaTpotro<J)i(TT7)s), an an- 
 
 cient medical title, signifying apparently (according 
 to Du Cange, Glossar. Med. ct Inf. Oruecit.) one 
 who both taught medicine and also practised it 
 himself ; as the ancients made a distinction be- 
 tween SiSaffKaAiKTj and fpyaris, the art and the 
 science of medicine, the theory and the practice. 
 (Damascius in vita Jsitlori.) Eunapius Sardianus 
 {De Vit. Pkilosoph. et Sophist. -p. 168. ed. Antwerp, 
 1568) calls them elrjo-KriiUerous Aeyetv re Kai 
 iroieic laTpiKrjv. The word is somewhat varied in 
 different authors. Socrates {Ilist. Ecdes. vii. 13) 
 
 calls Adamantius iaTpiKwv Koywv a-o(piari^s. Ste- 
 phanas Byzantinus (s. v. Tea) mentions raf 
 iaTpuP ao(pi(TTris : Callisthcnes (quoted in Uu 
 Cange), larpos <TO(pi(rT'/is : and Theophanes {ibid.) 
 a-ofiaTT^s rrjs laTpiKrjs iinfXT-qfiTjs. Several ancient 
 physicians are called by this title, e.(/. Magnes 
 (Theoph. Protospath, De Urinis), Cassias, the 
 author of " Quaestiones Medicae et Naturales," 
 and others. [W. A. G.] 
 
 IDUS. [Calendar (Roman).] 
 IGNOMI'NIA. [Infamia.] 
 IMPERA'TOR. [Imperium.] 
 IMPE'RIUM. Gains (iv. 103), when making 
 a division of judicia into those Quae Legitimo 
 jure consistunt, and those Quae Imperio conti- 
 nentur, observes that the latter are so called 
 because they continue in force during the Impe- 
 rium of him who has granted them. This divi- 
 sion of judicia had merely reference to the time 
 within which a judicium must be prosecuted, and 
 to the jurisdictio of him who had granted them. 
 Legitima judicia were those which were prose- 
 cuted in Rome or within the first miliarium, be- 
 tween Roman citizens, and before a single judex. 
 By a Lex Julia Judiciaria, such judicia expired, 
 unless they were concluded within a year and six 
 months. All other judicia were said Imperio con- 
 tineri, whether conducted within the above limits 
 before recuperatores, or before a single judex, 
 when either the judex or one of the litigant parties 
 was a peregrinus, or when conducted beyond the 
 first miliarium either between Roman citizens or 
 peregrini. From this passage it follows that there 
 Were Judicia quae Imperio continebantur, which 
 were granted in Rome ; which is made clearer by 
 what follows. There was a distinction between a 
 judicium ex lege, that is, a judicium founded on a 
 particular lex, and a judicium legitimum ; for 
 instance, if a man sued in the provinces under a 
 lex, the Aquilia for example, the judicium was not 
 legitimum, but was said Imperio contineri, that is, 
 the Imperium of the praeses or proconsul, who 
 gave the judicium. The same was the case if a 
 man sued at Rome ex lege, and the judicium was 
 before recuperatores, or there was a peregrinus 
 concerned. If a man sued under the praetor's 
 edict, and consequently not ex lege, and a judi- 
 cium was granted in Rome and the same was be- 
 fore one judex and no foreigner was concerned, it 
 was legitimum. The judicia legitima are men- 
 tioned by Cicero {Pro Rose. Com. 5 ; Or. Part. 
 12) ; but it may perhaps be doubted if he uses 
 the term in the sense in which Gains does. 
 It follows, then, that in the time of Gaius, so long 
 as a man had jurisdictio, so long was he said to 
 have Imperium. Imperium is defined by Ulpian 
 (Dig. 2. tit. 1. s. 3) to be either merum or 
 mixtum. To have the merum Imperium is to 
 have " gladii potestatem ad animadvertendum in 
 facinorosos homines:" that is, " mixtum imperium 
 
508 
 
 IMPERIUM. 
 
 IMPERIUM. 
 
 cui etiam jurisdictio inest." It appears then that 
 there was an Imperium which was incident to juris- 
 dictio ; but the merum or pure Imperium was 
 conferred by a lex (Dig. I. tit. 21. s. 1). The 
 mixtum Imperium was nothing more than the 
 power necessary for giving effect to the Jurisdictio. 
 There might therefore be Imperium without Juris- 
 dictio, but there could be no Jurisdictio without 
 Imperium, 
 
 Imperium is defined by Cicero {Phil. v. 16) to 
 be that " sine quo res militaris adrainistrari, 
 teneii exercitus, bellum geri non potest." As op- 
 posed to Potestas, it is the power which was con- 
 ferred by the state upon an individual who was 
 appointed to command an ann}'. The phrases 
 Consularis Potestas and Consulare Imperium might 
 both be properly used ; but the expression Tri- 
 bunitia Potestas only could be used, as the Tribuni 
 never received the|Iraperium. (Liv. vi. 37 ; in Veil. 
 Paterc. ii. '2, Imperium is improperly used.) A con- 
 sul could not act as commander of an army {attinyere 
 rem militarcm) unless he were empowered by a 
 Lex Curiata, which is expressed by Livy (v. 52) 
 thus : — " Comitia Curiata rem militarem con- 
 tinent." Though consuls were elected at other 
 comitia, the Comitia Curiata only could give them 
 Imperium. (Liv. v. 52.) This was in conformity 
 with the ancient constitution, according to which 
 the Imperium was conferred on the kings after 
 they had been elected : " On the death of King 
 Pompilius, the populus in the Comitia Curiata 
 elected TuUus HostUius king, upon the rogation 
 of an interrex ; and the king, following the ex- 
 ample of Pompilius, took the votes of the populus 
 according to their curiae on the question of his 
 Imperium." (Cic. i?c7). ii. 17.) Both Numa (ii. 
 13), and Ancus Marcius (ii. 18), the successor of 
 TuJlus, after their appointment as Reges, are 
 severally said " De Imperio suo legem curiatam 
 tulisse." It appears then that, from the kingly 
 period to the time of Cicero, the Imperium, as 
 such, was conferred by a Lex Curiata. 
 
 The Imperium of the kings is not defined by 
 Cicero. It is declared by modem writers to have 
 been the military and the judicial power, but 
 these writers have not explained what they pre- 
 cisely mean by the terra " judicial power." It 
 may be conjectured that the division of Imperium, 
 made Ijy the jurists, was in accordance with the 
 practice of the republican period : there was during 
 the republican period an Imperium within the 
 walls which was incident to jurisdictio, and an 
 Imperium without the walls which was conferred 
 by a lex curiata. There are no traces of this 
 separation in the kingly period, and it is probable 
 that the king received the Imperium in its full 
 import, and that its separation into two parts be- 
 longs to the republican period. The Imperium, 
 which was conferred by a lex imder the republic, 
 was limited, if not by the terms in which it was 
 conferred, at least by usage : it could not be held 
 or exercised within the city. It was sometimes 
 specially conferred on an individual for the day of 
 his triumph within the city ; and, at least in some 
 cases, by a plebiscitum. (Liv. xxvi. '21 ; xlv. 
 35.) 
 
 The Imperium was as necessary for the go- 
 vernor of a province, as for a general who merely 
 commanded the amies of the republic, as he could 
 not witliout it exercise militaiy authority {rem 
 militarem attivgerc). So far as we can triu;e the 
 
 strict practice of the Roman constitution, military 
 command was given by a special lex, and was not 
 incident to any office, and might be held without 
 any other office than that of imperator. It ap- 
 pears that in the time of Cicero there were doubts 
 as to the necessity of the lex in some cases, which 
 may have gradually arisen from the irregular 
 practices of the civil wars, and from the gradual 
 decay of the old institutions. Cicero, in a passage 
 which is not very clear {Ad Fam. i. 9), refers to 
 a Cornelia Lex according to which an individual 
 who had received a Province ex Senatusconsulto 
 thereby acquired the Imperium, without the form- 
 ality of a Lex Curiata. 
 
 The Imperium {merum) of the republic appears 
 to have been (1), a power which was only exer- 
 cised out of the city ; (2) a power which was 
 specially conferred by a Lex Curiata, and was not 
 incident to any office ; (3) a power without which 
 no military operation could be considered as done 
 in the name and on the behalf of the state. Of this 
 a notable example is recorded in Livy (xxvi. 2), 
 where the senate refused to recognize a Roman as 
 a commander because he had not received the 
 Imperium in due foi-m. 
 
 In respect of his Imperium, he who received it 
 was styled imperator : he might be a consul or a 
 proconsul. It was an ancient practice, observes 
 Tacitus {Ann. iii. 74), for the soldiers of a victo- 
 rious general to salute him by the title of 
 imperator ; but in the instance referred to by 
 Tacitus, the Emperor Tiberius allowed the soldiers 
 to confer the title on an individual who had it not 
 already, while under the republic the title as a 
 matter of course was given with the Imperium; 
 and every general who received the Imperium was 
 entitled to the name of imperator. After a victory 
 it was usual for the soldiers to salute their com- 
 mander as imperator, but this salutation neither 
 gave nor confirmed the title. Under the republic, 
 observes Tacitus, there were several imperatores 
 at a time : Augustus granted the title to some ; 
 but the last instance, he adds, of the title being 
 conferred was in the case of Blaesus, under 
 Tiberius. There were, however, later instances. 
 The assumption of the praenoraen of imperator by 
 Julius Caesar (Suet. Cites, c. 7')) was a manifest 
 usurpation. Under the republic the title camo 
 properly after the name ; thus Cicero, when he was 
 proconsul in Cilicia, could properly style himself M. 
 T. Cicero Imperator, for the term merely expressed 
 that he had the Imperium. Tiberius and Claudius 
 refused to assume the pracnomen of Imperator, 
 but the use of it as a pracnomen l)ecame establislied 
 among their successors, as we see from the im- 
 perial coins. The title Imperator sometimes ap- 
 pears on the imperial medals, followed by a numeral 
 (VI for instance), which indicates that it was 
 specially assumed by them on the occasion of some 
 great victory ; for though the victor}' might be 
 gained by their generals, it was considered to be 
 gained under the auspices of the Imperator. 
 
 The term Imperium was applied in the republi- 
 can period to express the sovereignty of the Ro- 
 man state. Thus Gaul is said by Cicero {I'm 
 Fimi. 1 ) to have come under the Imperium and 
 Ditio of the Populus Romanus ; and the notion of 
 the Majcstas Populi Roniani is said to be " in 
 Imperii atquc in nominis populi Romani dignitate." 
 (Cic. Or. Part. 30.) Compare the use of Iin]K'- 
 rium in Horace, Od. i. 37, iii. .5. , [(J. L.] 
 
IMPUBES. 
 
 IMPUBES. 
 
 509 
 
 IMPLU'VIUM. [House (Roman), p. 495.] 
 
 IMPU'BES. An infans [Inpans] was in- 
 capable of doing any legal act. An impubes, who 
 had passed the limits of infantia, could do any 
 legal act with the auctoritas of his tutor ; without 
 such auctoritas he could only do those acts which 
 were for his benefit. Accordingly, such an impu- 
 bes, in the case of obligatory contracts, could stipu- 
 late (s(ipiduri), but not promise (promillerc) ; in 
 other words, as Gaius (iii. 107) expresses it, a 
 pupilkis could only be bound by the auctoritas of 
 his tutor, but he could bind another without such 
 auctoritas. [Inpans.] 
 
 But this remark as to pupilli does not apply to 
 those who are infantes or Infiinti proximi, though 
 in the case of the infanti proximi a liberal inter- 
 pretation was given to the rule of law {hcniijnior 
 juris intcrpretatio), by virtue of which a pupillus, 
 who was infanti proximus, was placed on the 
 same footing as one who was pubertati proximus, 
 but this was done for their benefit only {propter 
 iitilitatem corum), and therefore could not apply to 
 a case where the pupillus might be a loser. (Com- 
 pare Inst. i. tit. 3. s. 19. s. 10 with Gaius, iii. 107.) 
 An impubes who was in the power of his father, 
 could not bind himself even with the auctoritas of 
 his father ; for in the case of a pupillus, the auc- 
 toritas of the tutor was only allowed, in respect of 
 the pupillus having property of his own, which a 
 son in the power of his father could not have. 
 
 In the case of obligationes ex delicto, the notion 
 of the auctoritas of a tutor was of course excluded, 
 as such auctoritas was only requisite for the pur- 
 pose of giving effect to rightful acts. If the im- 
 pubes was of sufficient capacity to understand the 
 nature of his delict, he was bound by it ; other- 
 wise, he was not. In the case of a person who 
 was Pubertati proximus, there was a legal pre- 
 sumption of such capacity ; but still this presump- 
 tion did not exclude a consideration of the degree 
 of understanding of the impubes and the nature of 
 the act, for the act might be such as either to be 
 perfectly intelligible, as theft, or it might be an 
 act which an impubes imperfectly understood, as 
 when he was made the instmment of fraud. These 
 principles were applicable to cases of furtum, dam- 
 num injuria datum, injuria, and others ; and also 
 to crimes, in which the nature of the act mainly 
 determined whether or not guilt should be imputed. 
 
 An impubes could enter into a contract by which 
 he was released from a debt, but he could not re- 
 lease a debt without the auctoritas of his tutor. 
 He could not pay money without his tutor ; nor 
 could he receive money without his tutor, at least 
 it was not a valid payment, because such payment 
 was, as a consequence, followed by a release to the 
 debtor. But since the rule as to the incapacity of 
 an impubes was made only to save him from loss, 
 he could not retain both the money and the claim. 
 
 An impubes could not be a plaintiff or a defend- 
 ant in a suit without his tutor. He could acquire 
 the ownership of property alone, but he could not 
 alienate it without the consent of his tutor, nor 
 could he manumit a slave without such consent. 
 He could contract sponsalia alone, because the 
 auctoritas of tlie tutor has reference only to pro- 
 perty : if he was in his father's power, he was of 
 course entirely under his father's control. 
 
 An unpubes could acquire an hereditas with the 
 consent of his tutor, which consent was necessary, 
 because an hereditas was accompanied with obliga- 
 
 tions. But as the act of cretion was an act that must 
 be done by the heres himself, neither his tutor nor 
 a slave could take the hereditas for a pupillus, and 
 he was in consequence of his age incapable of taking 
 it himself. This difficulty was got over by the 
 doctrine of pro herede gestio . the tutor might per- 
 mit the pupillus to act as heres, which had the 
 effect of cretion : and this doctrine would apply 
 even in the case of infantes, for no expression of 
 words was necessary in order to the pro herede 
 gestio. In the case of the bononim possessio, the 
 father could apply for it on behalf of his child, and 
 the tutor on behalf of his ward, without any act 
 being done by the impubes. By the imperial 
 legislation, a tutor was allowed to acquire the 
 hereditas for his ward, and a father for his son, 
 who was in his power ; and thus the doctrine of 
 the pro herede gestio was rendered unnecessary. 
 
 A pupillus could not part with a possession 
 without the auctoritas of a tutor, for though pos- 
 session of itself was no legal right, legal advantages 
 were attached to it. As to the acquisition of pos- 
 session, possession in itself being a bare fact, and 
 the fundamental condition of it being the animus 
 possidendi, consequently the pupillus could only 
 acquire possession by himself, and when he had 
 capacity to understand the nature of the act. But 
 with the auctoritas of his tutor he could acquire 
 possession even when he was an infans, and thus 
 the aci[uisition of possession by a pupillus was faci- 
 litiited, utilitalis causa. There was no formal diffi- 
 culty in such possession any more than in the case 
 of pro herede gestio, for in neither instance was it 
 necessary for words to be used. Subsequently the 
 legal doctrine was established that a tutor could 
 acquire possession for his pupillus. (Dig. 41. tit. 2. 
 s. I. § 20.) 
 
 With the attainment of pubertas, a person ob- 
 tained the full power over his property, and the 
 tutela ceased : he could also dispose of his property 
 by will ; and he could contract nianiage. Accord- 
 ing to the legislation of Justinian (Inst. i. tit. 22), 
 pubertas, in the case of a male, was attained with 
 the completion of the fourteenth, and, in a female, 
 with the completion of the twelfth year. In the 
 case of a female, it seems that there never had 
 been any doubt as to the period of the twelve 
 years, but a dispute arose among the jurists as to 
 the period of fourteen years. The Sabiniani main- 
 tained that the age of pubertas was to be deter- 
 mined by physical capacity {luibitu corporis), to 
 ascertain which a personal examination might be 
 necessary : the Proculiani fixed the age of fourteen 
 complete, as that which absolutely determined the 
 attainment of puberty. (Gaius, i. 19G ; Ulp. Fray. 
 xi. 28.) It appears, therefore, that under the 
 earlier emperors there was some doubt as to the 
 time when pubertas was attained, though there 
 was no doubt that with the attainment of puberty, 
 whatever that time might be, full legal capacity 
 was acquired. 
 
 Until a Roman youth assumed the toga virilis, 
 he wore the toga praetexta, the broad purple hem 
 of which {praet&ria) at once distinguished him 
 from other persons. The toga virilis was assumed 
 at the Liberalia in the month of March, and though 
 no age appears to have been positively fixed for 
 the ceremony, it probably took place as a general 
 ride on the feast which next followed the comple- 
 tion of the fcuirteenth year ; though it is certain 
 that the completion of the fourteenth year was not 
 
510 
 
 INAUGURATIO. 
 
 INAURIS. 
 
 always the time observed. Still, so long as a male 
 wore the praetexta, he was Impubes, and wlien he 
 assumed the toga virilis, he was Pubes. Accord- 
 ingly, Vest!ceps(Festus,s.r.) was the same as Pubes, 
 and Investis or praetextatus tlie same as Impubes. 
 (Gell. V. 19. Vesiicq^s.) After the assumption of 
 the toga virilis, the son who was in tlie power of 
 his father had a capacity to contract debts ; and a 
 pupiUus was released from the tutela. But if 
 neither the pupillus wished to get rid of his tutor, 
 nor the tutor to be released from the responsibility 
 of his office (for which he received no emolument), 
 the period of assuming the toga virilis might be 
 deferred. If the pupillus and the tutor cmdd not 
 agree, it might be necessary that there should be a 
 judicial decision. In such case the Proculiam 
 maintained as a theoretical cjuestion, that the age 
 of fourteen should be taken as absolutely deter- 
 mining the question, fourteen being the age after 
 the attainment of which the praetexta had been 
 generally laid aside. The Sabiniani maintained 
 that as the time of puberty had never been abso- 
 lutely fixed, but had depended on free choice, some 
 other mode of deciding the question must be 
 adopted, where free choice was out of the question, 
 and therefore they adopted that of the physical de- 
 velopment (Juihitm corporis). But though there 
 are allusions to this matter (Quinct. Insi. Or. iv. 
 2), there is no evidence to show that inspection of 
 the person was ever actually resorted to in order 
 to determine the age of puberty. It appears that 
 the completion of fourteen years was established as 
 the commencement ofpubertas. The real foundation 
 of the rule as to the fourteen and the twelve years 
 appears to be, that in the two sexes respectively, 
 puberty was, as a general rule in Italy, attained 
 about these ages. In the case of females, the time 
 had been fixed absolutely at twelve by immemo- 
 rial custom, and had no reference to any practice 
 similar to that among males of adopting the toga 
 virilis, for women wore the toga praetexta till they 
 were married. And further, though the papillaris 
 tutela ended with females with the twelfth year, 
 they were from that time subject to another kind 
 of tutela. 
 
 A male had a capacity to make a will upon 
 completing his fourteenth, and a female upon com- 
 pleting her twelfth j'ear (Gains, ii. 113; Paulus, 
 S. Ii. iii. tit. 4. a.) ; and the same ages, as already 
 observed, determined the capacity, in the two sexes, 
 for contracting a legal marriage. The dispute be- 
 tween the two schools as to the time when the male 
 attained the age of puberty, appears to have had 
 reference to the termination of the tutela, and his 
 general capacity to do legal acts ; for the test of 
 the personal examination could hardly, from the 
 nature of the case, apply to the capacity to make 
 a will or contract a marriage, as Savigny shows. 
 
 Spadones (males who could never attain physi- 
 cal pubertas), might make a testament after attain- 
 ing the age of eighteen. (Savigny, System des heut. 
 R. n.) [G. L.] 
 
 INAUGURA'TIO was in general the ceremony 
 by which the augurs obtained, or endeavoured to 
 obtain, the sanction of the gods to something 
 which had been decreed by man ; in particidar, 
 however, it was the ceremony by which things 
 or persons were consecrated to the gods, whence 
 the terms dedicaiio and covsecrutio were sometimes 
 used as synonymous with inauguratio. (Liv. i. 44. 
 55 ; Flor.'i. 7, 8 ; Plin. Ep. ix. 30 ; x. 58. 59. 7(j ; 
 
 Cic. in Catil. iv. 1.) The ceremonjr of inauguratio 
 was as follows : — After it had been decreed that 
 something should be set apart for the service of the 
 gods, or that a cert;iin person should be appointed 
 priest, a prayer was addressed to the gods by the 
 augurs or other priests, soliciting them to declare 
 by signs whether the decree of men was agreeable 
 to the will of the gods. (Liv. i. 18.) If the signs 
 observed by the inaugurating priest were thought 
 favourable, the decree of men had the sanction of 
 the gods, and the inauguratio was completed. The 
 inauguratio was, in early times, always perfomed 
 by the augurs ; but subsequently we find that the 
 inauguratio, especially that of the rex sacrificulus 
 and of the flamines, was sometimes performed by 
 the college of pontift's in the comitia calata. (Gell. 
 XV. 27.) But all other priests, as well as new 
 members of the college of augurs, continued to be 
 inaugurated by the augurs, or sometimes by the 
 augurs in combination with some of the pontiffs 
 (Liv. xxvii. 8; xl. 42); the chief pontiff had the 
 right to enforce the inauguratio, if it was refused 
 by the augurs, and if he considered that there was 
 no sufficient ground for refusing it. Sometimes 
 one augur alone performed the rite of inauguratio, 
 as in the case of Nimia Pompihus (Liv. i. 18; 
 compare Cic. Brut. 1 ; Macrob. Sat. ii. 9), and it 
 would seem that in some cases a newly appointed 
 priest might hunself not only fix upon the day, but 
 also upon the particular augur by whom he desired 
 to be inaugurated. (Cic. /. c. ; and Philip, ii. 43.) 
 
 During the kingly period of Rome the inaugura- 
 tion of persons was not confined to actual priests ; 
 but the kings, after their election by the populns, 
 were inaugiu-ated by the augau's, and thus became 
 the high-priests of their people. After the civil 
 and military power of the kings had been confer- 
 red upon the consuls, and the office of high-priest 
 was given to a distinct person, the rex sacrorum, 
 he was, as stated above, inaugurated by the pon- 
 tiils in the comitia calata, in which the chief pon- 
 tiff presided. But the high republican magistrates, 
 nevertheless, likewise continued to be inaugurated 
 (Dion. Hal. ii. p. 80, &c.), and for this purpose 
 they were summoned by the augurs (coiidictio, dc- 
 iiuiicidtiii) to appear on the eapitol, on the third day 
 after their election. (SeiT. ad Viry. Aen. iii. 1 17.) 
 This inauguratio conferred no priestly dignity upon 
 the magistrates, but was merely a method of ob- 
 taining the sanction of the gods to their election, 
 and gave them the right to take auspicia ; and on 
 important emergencies it was their duty to make 
 use of this privilege. At the time of Cicero, how- 
 ever, this duty was scarcely ever observed. (Cic. 
 De Dirin. ii. 36.) As nothing of any importance 
 was ever introduced or instituted at Rome without 
 consulting the pleasure of the gods by augury, we 
 read of the inauguratio of the tribes, of the comi- 
 tium, &c. LL- S.] 
 
 INAURIS, an ear-ring; called in Greek evii- 
 rwy, because it was worn in the ear (ouy), and 
 tAA(Jgiof, because it was inserted into the lobe of 
 the ear (AoSu's), which was bored for the purpose. 
 (Hom. //. xiv. 182; Hymn. ii. in Vcn. 9; Plin. 
 //. N. xii. ].) 
 
 Ear-rings were worn by both sexes in oriental 
 countries (Plin. H.N. xi. 50); especially by the 
 Lydians (Xen. Amdt. iii. 1. § 31), the Persians 
 (Died. Sic. v. 45), the Babylonians (Juv. i. 104), 
 and also by the Libyans (Macrob. Sd. vii. 3), and 
 the Carthaginians (Plant. Pocn. v. ii. 21). Among 
 
INCESTUM. 
 
 INCITEGA. 
 
 511 
 
 the Greeks and Romans they were worn only by 
 females. 
 
 • This ornament conisisted of the ring {kp'ikos, 
 -Diod. Sic. /. r.) and nf the drops {xhilapinia, Fcstus, 
 s. V. ; Plant. Men. iii. iii. Iff). The ring was gene- 
 rally of gold, although the common people also 
 wore ear-rings of bronze. See Nos. 1. 4, from the 
 Egyptian collection in the British Museum. Instead 
 
 of a ring a hook was often used, as shown in Nos. 
 6. 8. The women of Italy still continue the 
 same practice, passing the hook through the lobe 
 of the ear without any other fastening. The drops 
 were sometimes of gold, very finely wrought (see 
 Nos. 2. 7. 8), and sometimes of pearls (Plin. II. cc; 
 Sen. dc Ben. vii. 9 ; Ovid, Met. x. SGS ; Claud, de 
 VI. Cons. Honor. ,528 ; Sen. Ilipjxjl. ii. i. 33) and 
 precious stones (Nos. 3. 5. 6). The pearls were 
 valued for being exactly spherical (Hor. Epud. viii. 
 13), as well as for their great size and delicate 
 whiteness ; but those of an elongated form, called 
 eleiichi, were also much esteemed, being adapted to 
 terminate the drop, and being sometimes placed 
 two or three together for this purpose. (Plin. //. A', 
 ix. 56 ; Juv. vi^364.) In the Iliad (xiv. 182, 183) 
 Juno, adorning herself in the most captivating 
 manner, puts on ear-rings made with three drops 
 resembling mulberries. (See Eustath. ad loc.). Pliny 
 observes (xi. 50) that greater expense was lavished 
 on no part of the dress than on the ear-rings. 
 According to Seneca (/. e.) the ear-ring. No. 3, in 
 the preceding woodcut, in which a couple of pearls 
 are strung both above and below the precious stone, 
 was worth a patrimony. (See also De Vita lieatu, 
 17.) All the ear-rings above engraved belong to 
 the Hamilton collection in the British Museum. 
 
 In opulent families the care of the ear-rings was 
 the business of a female slave, who was called 
 Auriculae Ornatrir (Gruter, Inserip.). The Venus 
 de' Medici, and other female statues, have the ears 
 pierced, and probably once had ear-rings in them. 
 The statue of Achilles at Sigeum, representing 
 him in female attire, likewise had this ornament. 
 (Serv. in Virg. Aen. i. 30 ; Tertull. de Pull. 4.) 
 
 [J. Y.] 
 
 INCENSUS. [Caput.] 
 
 INCESTUM. If a man married a woman 
 
 whom it was forbidden for him to marry by posi- 
 tive morality, he was said to commit incestum. 
 (Dig. 23. tit. 2. s. 39.) Such a marriage was in 
 fact no marriage, for the necessary connubiuin be- 
 tween the parties was wanting. 
 
 There was no connubium between persons re- 
 lated by blood in the direct line, as parents and 
 children. If such persons contracted a marriage it 
 was Nefariae et Incestae nuptiae. There was no 
 connubium between persons who stood in the rela- 
 tion of parent and child by adoption, not even 
 after the adopted child was emancipated. There 
 were also restrictions as to coninibium be- 
 tween collateral kinsfolk {ex tninsrerm t/radii 
 cotputtionis) : there was no connuliium between 
 brothers and sisters, either of the whole or of the 
 half blood ; nor between children of the blood and 
 ciiildren by adoption, so long as the adoption con- 
 tinued, or so long as the children of the blood re- 
 mained in the power of their father. There was 
 connubium between an uncle and his brother's 
 daughter, after the emperor Claudius had set the 
 example by marrying Agrippina ; but there was 
 none between an uncle and a sister's daughter. 
 There was no connubium between a man and his 
 amita or matertera [Cognati] ; nor between a 
 man and his socrus nurus, privigna or noverca. 
 In all such cases when there was no connubium, 
 the children had a mother, but no legal father. 
 
 Incest between persons in the direct line was 
 punishable in both parties ; in other cases only in 
 the man. The punishment was Relegatio, as in 
 the case of adulteiy. Concubinage between near 
 kinsfolk was put on the same footing as marriage. 
 (Dig. 23. tit. 2. s. 5b'.) In the case of adulterium 
 and stupnim between persons who had no connu- 
 bium, there was a double offence : the man was 
 punished with deportatio, and the woman was sub- 
 ject to the penalties of the Lex Julia. (Dig. 48. 
 tit. 18. s. 5.) Among slaves there was no inces- 
 tum, but after they became free their marriages 
 were regulated according to the analogy of the 
 connubium among free persons. It was incestum 
 to have knowledge of a vestal virgin, and both 
 parties were punished with death. 
 
 It does not appear that there was any legisla- 
 tion as to incestum : the rules relating to it were 
 founded on usage (inorihus). That which was 
 stuprum, was considered incestum when the con- 
 nection was between parties who had no connu- 
 bium. Incestimi, therefore, was stuprum, aggra- 
 vated by the circinnstance of real or legal consan- 
 guinity, and, in some cases, affinity. It was not 
 the form of marriage between such persons that 
 constituted the incestum ; for the nuptiae were 
 incestae, and therefore no marriage, and the in- 
 cestuous act was the sexual connection of the 
 parties. Sometimes incestum is said to be contra 
 fas, that is, an act in violation of religion. [G. L.J 
 
 INCITE'GA, a corruption of the Greek 
 afyo6riKi\ or iy^vBriKi), a term used to denote a 
 piece of domestic furniture, variously formed ac- 
 cording to tlie particular occasion intended ; made 
 of silver, bronze, clay, stone, or wood, according to 
 the circumstances of the possessor ; sometimes 
 adorned with figures ; and employed to hold 
 amphorae, bottles, alabastra, or any other vessels 
 which were round or pointed at the bottom, and 
 therefore required a separate contrivance to keep 
 them erect. (Festus, s. Incitenu ; Bekker, ylnm/. 
 245 ; Wilkinson, Man. an'd Customs, ii. p. 158. 
 
612 
 
 INCUNABULA. 
 
 160. 216, 217.) Some of those used at Alexandria 
 were triangular. (Athen. v. 45.) We often see 
 them represented in ancient Egyptian paintings. 
 The annexed woodcut shows three ar/'foQriKai, 
 which are preserved in the British Museum. Those 
 on the right and left hand are of wood, the one 
 having four feet, the other six ; they were 
 found in Egyptian tombs. The third is a broad 
 earthenware ring, which'is used to support a Gre- 
 cian amphora. [J. Y.] 
 
 INCORPORA'LES RES. [Dominium.] 
 INCUNA'BULA or CUNA'BULA {<riva.pya- 
 foy), swaddling-clothes. 
 
 The first thing done after the birth of a child 
 was to wash it ; the second to wrap it in swad- 
 dling-clothes, and the rank of the child was indi- 
 cated by the splendour and costliness of this, its 
 first attire. Sometimes a fine white shawl, tied 
 with a gold band, was used for the purpose (Hom. 
 Ili/mn. in Apol. 121, 1"2"2) ; at other times a small 
 puqde scarf, fastened with a brooch. (Find. Pijth. 
 iv. 114; x^'>ii"'^5io;', Longus, i. 1. p. 14. 28. ed. 
 Boden.) The poor used broad fillets of common cloth 
 {pan7ii, Luke, ii. 7, 12; Ezek. xvi. 4. Vulg.; com- 
 pare Hom. Ilipnn. in Mi'rc. 151, 306 ; ApoUod. 
 Bibl. iii. 10. 2; Aelian, V. H. ii. 7; Eurip. /oh, 
 32 ; Dion Chrysost. vi. 203. cd. Reiske ; Plaut. 
 Amphit. V. 1. 52; True. v. 13). The annexed 
 woodcut, taken from a beautiful bas-relief at Rome, 
 which is supposed to refer to the birth of Telephus, 
 shows the appearance of a child so clothed, and 
 renders in some degree more intelligible the fable 
 of the deception practised by Rhea upon Saturn in 
 saving the life of Jupiter by presenting a stone, 
 enveloped in swaddling-clothes, to be devoured by 
 
 Saturn instead of his new-bom child. (Hes. Theoy. 
 485). It was one of the peculiarities of the Lace- 
 
 INFAMIA. 
 
 daemonian education to dispense with the use of 
 incunabula, and to allow children to enjoy the free 
 use of their limbs. (Plut. Lycurg. p. 90. ed. 
 Steph.) [J. Y.] 
 
 INCUS {&Kfjui>v\ an anvil. The representa- 
 tions of Vulcan and the Cyclopes on various works 
 of art, show that the ancient anvil was formed like 
 that of modem times. When the artist wanted to 
 make use of it he placed it on a large block of 
 wood {oKfioOeTov, Hom. //. xviii. 410, 476 ; Od. 
 viii. 274; positis incudibus, Virg. Acn. vii. 629 ; 
 viii. 451); and when he made the link of a chain, 
 or any other object which was round or hollow, he 
 beat it upon a point projecting from one side of 
 the anvil. The annexed woodcut, representing 
 Vulcan forging a thunderbolt for Jupiter, illus- 
 trates these circumstances ; it is taken from a gem 
 in the Royal Cabinet at Paris. It appears that in 
 
 the " brazen age," not only the things made upon 
 the anvil, but the anvil itself, with the hammer 
 and the tongs, were made of bronze. (Hom. Od. 
 iii. 433, 434 ; Apollon. Rhod. iv. 761, 762.) 
 [Malleus.] At this early period anvils were 
 used as an instrument of torture, being suspended 
 from the feet of the victim. (Hom. //. xv. 19.) 
 
 [J. Y.] 
 
 INDU'SIUM. [Tunica.] 
 
 I'NDUTUS. [Amictus ; Tunica.] 
 
 INFA'MIS. [Infamia.] 
 
 INFA'MIA. The provisions as to Infamia, as 
 they appear in the legislation of Justinian, are con- 
 tained in Dig. 3. tit. 2. De his qui notantur In- 
 famia, and in Cod. 2. tit. 12, Ex quibus causis In- 
 famia irrogatur. The Digest contains (s. 1) the 
 cases of Infamia as enumerated in the Praetor's 
 Edict. There are also various provisions on the 
 subject in the Lex Julia Municipalis (b. c. 45), 
 couunonly called the Table of Heraclea. 
 
 Infamia was a consequence of condemnation in 
 any Judicium Publicum, of ignominious {iynoniiniae 
 causa) expulsion from the army (Tab.Heracl. 1. 
 121), of a woman being detected in adultery, 
 though she might not have been condemned in a 
 Judicium Publicum, &c. ; of condemnation for Fur- 
 tum, Rapina, Injuriae, and Dolus Malus, provided 
 the offender was condemned in his own name, or 
 provided in his own name he paid a sum of money 
 by way of compensation ; of condemnation in an ac- 
 tion Pro Socio, Tutelac, Mandatiun, Depositum or 
 Fiducia (compare the Edict with Cic. Pro Ros. Com. 
 6 ; Pro Hose. A nwr. 38, 39 ; Pro Caecina, 2 ; Top. 
 c. 10 ; Tab. Heracl. 1. Ill), provided the offender 
 
INFAMIA. 
 
 INFAMIA. 
 
 513 
 
 was condemned in his own name, and not in a 
 Judicium Contrarium, and provided the person con- 
 demned liad not acted witli good faith. Infamia 
 was also a consequence of insolvencj', when a man's 
 bona were Possessa, Proscripta, Vendita (Cic. Pro 
 Quml. 15; Tab. Heracl. 1. 113 — 117; Oaius, ii. 
 154); of a widow marrj-ing within the time ap- 
 pointed for mourning, but the Infamia attached to 
 the second husband, if he was a paterfamilias, and 
 if he was not, then to his father, and to the father 
 of the widow if she was in his power; the Edict 
 does not speak of the Infamia of the widow, but it 
 was subsequently extended to her. Infamia was 
 a consequence of a man being at the same time in 
 the relation of a double marriage or double sponsa- 
 lia ; the Infamia attached to the man if he was a 
 paterfamilias, and if he was not, to his father ; the 
 Edict here also speaks only of the man, but the 
 Infamia was subsequently extended to the woman. 
 Infamia was a consequence of prostitution in the 
 case of a woman, of similar conduct in a man {qui 
 mulkhria pussiis est), of Lenocinium or gaining a 
 living by aiding in prostitution (Tab. Heracl. 1. 
 123) ; of appearing on a public stage as an actor, 
 of engaging for money to appear in the fights of the 
 wild beasts, even if a man did not appear, and of 
 appearing there, though not for monej'. 
 
 It results from this enumeration that Infamia 
 was only the consequence of an act committed by 
 the person who became Infauiis, and was not the 
 consequence of any punishment for such act. In 
 some cases it only followed upon condemnation ; 
 in others it was a direct consequence of an act, as 
 soon as such act was notorious. 
 
 It has sometimes been supposed that the Prae- 
 tor established the Infamia as a rule of law, which 
 however was not the case. The Praetor made cer- 
 tain rules as to Postidatio (Dig. 3. tit. 1. s. 1), for 
 the purpose of maintaining the purity of his court. 
 With respect to the Postulatio, he distributed per- 
 sons into three classes. The second class compre- 
 hended, among others, certain persons who were 
 turjiilutline noiubiles, who might postulate for them- 
 selves but not for others. Tlie third class contain- 
 ed, among others, all those " qui Edicto Practoris 
 ut infames notantur," and were not already enume- 
 rated in the second class. Accordingly it was 
 necessary for the Praetor to enumerate all the In- 
 fames who were not included in the second class, 
 and this he did in the Edict as quoted. (Dig. 3. 
 tit. 2. s. 1.) Consistently with this, Infamia was al- 
 ready an established legal condition ; and the Prae- 
 tor in his edicts on Postulation did not make a 
 class of persons called Infames, but he enmncrated 
 as persons to be excluded from certain rights of 
 Postulation, tliose who were Infames. Conse- 
 quently the legal notion of Infamia was fixed be- 
 fore these edicts. 
 
 It is necessary to distinguish Infamia from the 
 Nota Censoria. The Infamia does not seem to 
 have been created by written law, but to have 
 been an old Roman institution. In many cases, 
 though not in all, it was a consequence of a judi- 
 cial decision. The power of the Censors was in its 
 effects analogous to the Infamia, but different from 
 it in many respects. The Censors could at their 
 pleasure remove a man from the Senate or the 
 Equites, remove him into a lower tribe, or remove 
 him out of all the tribes, and so deprive him of his 
 suffragium, by reducing him to the condition of an 
 aerarius. (Cic. Pro CLuent. 43. 45.) They could 
 
 also aflix a mark of ignominy or censure opposite 
 to a man's name in the list of citizens, nota censoria 
 or subscriptio (Cic. Pro Chient. 42, 43, 44. 46, 
 47) ; and in doing this, they were not bound to 
 make any special inciuiry, but might follow general 
 opinion. This arbitrary mode of proceeding was 
 however partly remedied by the fact that such a 
 censorian nota might be opposed by a colleague, or 
 removed by the following censors, or by a judicial 
 decision, or by a lex. Accordingly the censorian 
 nota was not perpetual, and therein it differed 
 essentially from Infamia, which was perpetual. 
 
 The consequences of Infamia were the loss of 
 certain political rights, but not all. It was not a 
 capitis deminutio, but it resembled it. The In- 
 famis became an Aerarius, and lost the suffragium 
 and honores ; that is, he lost the capacity for cer- 
 tain so-called public rights, but not the capacity for 
 private rights. Under the empire, the Infamia lost 
 its efl'ect as to public rights, for such rights became 
 unimportant. 
 
 It might be doubted whether the loss of the 
 suffragium was a consequence of Infamia, but the 
 affirmative side is maintained by Savigny with 
 such reasons as may be pronounced completely con- 
 clusive. It appears from Livy (vii. 2) and Valerius 
 Maximus (ii. 4. § 4), that the Actorcs Atellanarum 
 were not either removed from their tribe (;«'c trihu 
 moventur), nor incapable of serving in the anny : in 
 other words such actors did not become Infames, 
 like other actors. The phrase " tribu moveri " is 
 ambiguous, and may mean either to remove from 
 one tribe to a lower, or to move from all the tribes, 
 and so make a man an aerarius. Now the mere re- 
 moving from one tribe to another must have been 
 an act of the Censors only, for it was necessary to 
 fix the tribe into which the removal was made : 
 but this could not be the case in a matter of In- 
 famia, which was the effect of a general rule, and 
 a general i-ule could only operate in a general way; 
 that is, " tribu moveri," as a consequence of In- 
 famia, must have been a removal from all the 
 tribes, and a degradation to the state of an Aera- 
 rius. (Compare Liv. 45. c. 15.) 
 
 The Lex Julia Municipalis does not contain the 
 word Infamia, but it mentions nearly the same 
 cases as those which the Edict mentions as cases 
 of Infamia. The Lex excludes persons who fall 
 within its tenns, from being Senatores, Decuriones, 
 Conscript! of their city, from giving tlieir vote in 
 the senate of their city, and from magistracies 
 which gave a man access to the senate : but it says 
 nothing of the right of voting being taken away. 
 Savigny observes that there woidd be no incon- 
 sistency in supposing that the lex refused only 
 the Honores in the municipal towns, while it still 
 allowed Infames to retain the suffragium in such 
 towns, though the practice was different in Rome, 
 if we consider that the sufFragium in the Roman 
 Comitia was a high privilege, while in the munici- 
 pal towns it was comparatively unimportant. 
 
 Cicero {Pro Rose. Com. G) speaks of the judicia 
 Fiduciae, Tutelae, and Societatis as " summae 
 existimationis et pene capitis." In another oration 
 {Pro Quint. 8, 9. 13. 15. 22) he speaks of the 
 possessio bonoram as a capitis causa, and in fact 
 as identical with Infamia. This capitis minutio, 
 however, as already observed, affected only the 
 public rights of a citizen ; whereas the capitis demi- 
 nutio of the imperial period, and the expression 
 capitalis causa, apply to the complete loss of citizen- 
 
 2 L 
 
514 INFAMIA (GREEK). 
 
 ship. This change manifestly arose from the cir- 
 cumstajice of the public rights of the citizens under 
 the empire having become altogether unimportant, 
 and thus the phrase capitis deminutio, luider the 
 empire, applies solely to the individual's capacity 
 for private rights. 
 
 In his private rights the Infamis was under 
 some incapacities. He could only postdate before 
 the Praetor on his own behalf, and on behalf of 
 certain persons who were very nearly related to 
 him, but not generally on behalf of all persons. 
 Consequently he could not generally be a Cognitor 
 or a Procurator. Nor could a cause of action be 
 assigned to him, for by the old law he must sue as 
 the cognitor or procurator of the assignor (Gains, 
 ii. 39); but this incapacity became unimportant 
 when the Cessio was effected by the utiles actiones 
 without the intervention of a Cognitor or Procu- 
 rator. The Infamis could not sustain a Popularis 
 Actio, for in such case he must be considered as a 
 procurator of the state. The Infamis was also 
 limited as to his capacity for marriage, an incapa- 
 city which originated in the Lex Julia. (Ulp. Fraci. 
 xiii.) This lex prohibited senators, and the chil- 
 dren of senators, from contracting marriage with 
 Libertini and Libertinae, and also with other dis- 
 reputable persons enumerated in the lex : it also 
 forbade all freemen from marrj'ing with certain 
 disreputable women. The Jurists made the fol- 
 lowing change : — they made the two classes of 
 disreputable persons the same, which were not 
 the same before, and they extended the prohibition, 
 both for senators and others, to all those whom the 
 Edict enumerated as Infames. The provisions of 
 the Lex Julia did not render the marriage null, but 
 it deprived the parties to such marriage of the privi- 
 leges conferred by the lex ; that is, such a marriage 
 did not release them from the penalties of celibacy. 
 A senatus-consultum, under M. Aurelius, however, 
 made such marriage null in certain cases. ( Sa\'igny, 
 Si/stcm, &c., vol. ii.) [G. L.] 
 
 INFAMIA (GREEK) {aTifiia). A citizen of 
 Athens had the power to exercise all the rights 
 and privileges of a citizen as long as he was not 
 suffering under any kind of atimia, a word which 
 in meaning nearly answers to our outlawiy, in as 
 far as a person foi-feited by it the protection of the 
 laws of his country, and mostly all the rights of a 
 citizen also. The atimia occurs in Attica as early 
 as the legislation of Solon, without the tenn itself 
 being in any way defined in the laws (Demosth. 
 c. Aristocrat, p. 640), which shows that the idea 
 connected with it must, even at that time, liave 
 been familiar to the Athenians, and this idea was 
 probably that of a complete civil death ; that is, an 
 individual labouring under atimia, together with 
 all that belonged to him (his children as well as his 
 property), had, in the eyes of the state and the 
 laws, no existence at all. This atimia, undoubted- 
 ly the only one in early times, may be temcd a 
 total one, and in cases where it was inflicted as a 
 punishment for any particular crime was gene- 
 rally also pei'petual and hereditary ; hence Demo- 
 sthenes, in speaking of a person sufl'cring under it, 
 often uses the expression Kaddira^ arifios, or aTrAtSs 
 aTifiarai {c. AUil. p.r)4'2 ; e. Arktofj.^i.nd ; c. Mid. 
 p. 54()). A detailed enumeration of the rights of 
 which an atimos was deprived, is given bj' Aes- 
 chines (c. Timarch. p. 44. 4t>). He was not 
 allowed to hold any civil or priestly office what- 
 ever, either in the city of Athens itself, or in any 
 
 INFAMIA (GREEK). 
 
 town within the dominion of Athens ; ho could not 
 be emploj'ed as herald or as ambassador ; he could 
 not give his opinion or speak either in the public 
 assembly or in the senate, he was not even allowed 
 to appear within the extent of the agora ; he was 
 excluded from visiting the public sanctuaries as 
 well as from taking part in any public sacrifice ; he 
 could neither bring an action against a person from 
 whom he had sustained an injury, nor appear as a 
 witness in any of the courts of justice ; nor could, 
 on the other hand, any one bring an action against 
 him. (Compare Demosth. c. Ncaer. p. 1353; c. 
 Timocrat. p. 739 ; De Lib. Mod. p. 200 ; Philip. 
 iii. p. I22; c. Mid. p. 542; Lysias, c. Andoc. p. 
 222.) The right which, in point of fact, included 
 most of those which we have here enumerated, was 
 that of taking part in the popular assembly 
 and -ypd<p6iv). Hence, this one right is most fre- 
 quently the only one which is mentioned as being 
 forfeited by atimia. (Demosth. c. Timocrat. p. 715. 
 717; Aeschin. c. Timarch. p. 54, &c. ; Andocid. 
 De Mi/st. p. 36 ; Demosth. c.Androt. p. 602. 604.) 
 The service in the Athenian armies was not only 
 regarded in the light of a duty which a citizen 
 had to pcrfomi towards the state, but as a right 
 and a privilege ; of wliieh therefore the atimos was 
 likewise deprived. (Demosth. e. TVmocra^. p. 715.) 
 When we hear that an atimos had no right to 
 claim the protection of the laws, if he was suffer- 
 ing injuries from others, we must not imagine that 
 it was the intention of the law to expose the 
 atimos to the insults or ill-treatment of his former 
 fellow-citizens, or to encourage the pcojile to mal- 
 treat him with impunity, as might be inferred from 
 the expression ol a-nixoi toO fBeAovroi (Plato, 
 Gorg. p. 508) ; but all that the law meant to do 
 was, that if any such thing happened, the atimos 
 had no right to claim the protection of the laws. 
 We have above referred to two laws mentioned by 
 Demosthenes, in which the children and the property 
 of an atimos were included in the atimia. As re- 
 gards the children or heirs, the infamy came to 
 I them as an inheritance which they could not 
 avoid. [Heres, p. 475.] But when we read of 
 the property of a man being included in the atimia, 
 it can only mean that it shared the lawless charac- 
 ter of its owner, that is, it did not enjoy the pro- 
 tection of the law, and could not be mortgaged. 
 The property of an atimos for a positive crime, 
 such as those mentioned below, was probably never 
 confiscated, but only in the case of a public debtor, 
 as we shall see hereafter; and when Andocides {de 
 Ml/si. p. 36) uses the expression aTi/xot rirrav to, aw- 
 fmra, Tci 5e ^^X""-! the contrary v>'hiuh he 
 
 had in view can only have been the case of a public 
 debtor. On the whole, it appears to have been 
 foreign to Athenian notions of justice to confiscate 
 the property of a person who had incurred per- 
 sonal atimia by some illegal act. (Demosth. c. 
 Lcpt. p. 504.) 
 
 The crimes for which total and perpetual ati- 
 mia was inflicted on a person were as follow : — 
 The giving and accepting of bribes, the embezzle- 
 ment of public money, manifest proofs of cowardice 
 in the defence of his country, false witness, 
 false accusation, and bad conduct towards pa- 
 rents (Andocid. c.) : moreover, if a person 
 either by deed or by word injured or insulted a 
 magistrate while he was perfonning the duties of 
 his'office (Demosth. c. Mid. p. 524 ; Pro Mcyalop. 
 p. 200) ; if as a judge he had been guilty 
 
INFAMIA (GREEK). 
 
 "I' partiality (c. Mid. p. ">4.'5); if he squandered 
 away his jjatenial inheritance, or was Ruilty of 
 |in)stitution (Diog. Laort. i. ii. 7), &c. We have 
 above called this atimia perpetual ; for if a person 
 had once incurred it, he could scarcely ever hope 
 to be lawfully released from it. A law, mentioned 
 by Demosthenes {c.Timocrut. p. 715), ordained 
 tliat the releasing of any kind of atimoi should 
 never be proposed in the public assembly, unless 
 an assembly consisting of at least 6000 citizens 
 had previously, in secret deliberation, agreed that 
 such might be done. And even then the matter 
 could only be discussed in so far as the senate and 
 people thought proper. It was only in times 
 when the republic was threatened by great danger 
 that an atimos might hope to recover his lost 
 rights, and in such circumstances tlie atimoi were 
 siimetimes restored en inasse to their former rights. 
 (Xenoph. Ihllcn. ii. 2. § 11 ; Andocid. I.e.) 
 
 A second kind of atimia, which though in its 
 extent a total one, lasted only until the person 
 subject to it fulfilled those duties for the neglect 
 ot which it had been inflicted, was not so much a 
 punishment for any particular crime as a means of 
 compelling a man to submit to the laws. This was 
 the atimia of public debtors. Any citizen of Athens 
 who owed money to the public treasury, whether 
 his debt arose from a fine to which he had been 
 condemned, or from a part he had taken in any 
 branch of the administration, or from his having 
 pledged himself to the state for another person, 
 was in a st;ite of total atimia if he refused to pay or 
 couid not pay the sum which was due. His children 
 during his lifetime were not included in his atimia; 
 they remained iiriTifioi. (l)emosth. e. Tlwocrin. 
 p. l;522.) If he persevered in his refusal to pay 
 beyond the time of the ninth prytany, his debt 
 was doubled, and his property was taken and sold. 
 (Andocid. I.e.; Demosth. e. Nicostrat. p. 1255 ; 
 e. Neaer. p. 1347.) If the sum obtained by the 
 sale was sufficient to pay the debt, the atimia 
 . appears to have ceased ; but if not, the atimia not 
 only continued to the death of the public debtor, 
 but was inherited by his heirs and lasted until the 
 debt was paid off. (Demosth. c. Amlmf. p. (!03 ; 
 com]iare Biickh, Pull. Eeoii. of Athens, ii. p. 126 ; 
 iind Hekes, p. 475.) This atimia for public debt 
 was sometimes accompanied by imprisonment, as 
 in the case of Alcibiades and Cimon ; but whether 
 in such a case, on the death of the prisoner, his 
 children were likewise imprisoned, is uncertain. 
 If a person living in atimia for public debt peti- 
 tioned to be released from his debt or his atimia, i 
 he became subject to evSei^ij : and if another per- i 
 son made the attempt for him, he thereby forfeited i 
 his own property ; if the proedros even ventured i 
 to put the question to the vote, he himself became ' 
 ' atimos. The only but almost impracticable mode : 
 of obtaining release was that mentioned above in i 
 j connection with the total and perpetual atimia. i 
 ] A third and only partial kind of atimia deprived 1 
 the person on whom it was inflicted only of a por- ! 
 tion of his rights as a citizen. (Andocid. de Ali/st. i 
 p. 17 and 36.) It was called the dTi/j-ia koto ] 
 irpoara^tv, because it was specified in every single l 
 case which particular right was forfeited by the i 
 atmios. The following cases are expressly men- i 
 tmned : — If a man came forward as a public ac- . 
 cuser, aiul afterwards either dropped the charge or I 
 did not obtain a fifth of the votes in favour of his ■ 
 accusation, he was not only liable to a fine of 
 
 INFAMIA (GREEK). 515 
 
 1 1000 drachmae, but was subjected to an atimia 
 ■ which deprived him of the right, in future, to ap- 
 pear as accuser in a case of the same nature as 
 that in which he had been defeated or which he 
 had given up. (Demosth. e. Arhtorj. p. 803 ; Ilar- 
 jiocrat. s.v. Adpai' ypaflii^.) if his accusation had 
 been a ypaipri dffeSe'ias, he also lost the right of 
 visiting particular temples. (Andocid. de Mi/st. p. 
 17.) Some cases are also mentioned in which an 
 accuser, though he did not obtain a fifth of the 
 votes, was not subjected to any punishment what- 
 ever. Such was the case in a charge brought be- 
 fore the first archon respecting the ill-treatment of 
 parents, orj)haiis, or heiresses. (Meier, de Bun. 
 Uamnut. p. 133.) In other cases the accuser 
 was merely subject to the fine of 1000 drachmae, 
 without incurring any degree of atimia. (Pollux, 
 viii. 53.) But the law does not appear to have 
 always been strictly observed. (Biickh, Ptihl. 
 Eeon. of Alliens, ii. p. 112, &c.) Andocides men- 
 tions some other kinds of partial atimia, but they 
 seem to have had only a temporary application at 
 the end of the Peloponnesian war ; and the pas- 
 sage {pe Myst. p. 36) is so obscure or corrupt, 
 that nothing can be inferred from it with any cer- 
 tainty. (Wachsmuth, Hellcn. Aiierth. ii. 1. p. 247, 
 &c.) Partial atimia, when once inflicted, lasted 
 during the whole of a man's life. 
 
 The children of a man who had been put to 
 death by the law were also atimoi (Demosth. c. 
 Arislog. p. 779 ; compare Heres, p. 475); but the 
 nature or duration of this atimia is unknown. 
 
 If a person, under whatever kind of atimia he 
 was labouring, continued to exercise any of tiie 
 rights which he had forfeited, he might immedi- 
 ately be subjected to a-aa-yiay^ or ecSei^ij : and if 
 his transgression was proved, he might, without 
 any further proceedings, bo punished immediately. 
 
 The offences which were punished at Sparta 
 with atimia are not as well known ; and in 
 many cases it does not seem to have been ex- 
 pressly mentioned by the law, but to have de- 
 pended entirely upon public opinion, whether a 
 person was to be considered and treated as an 
 atimos or not. In general, it appears that every 
 one who refused to live according to the national 
 institutions lost the rights of a full citizen {o/iotos, 
 Xenoph. de Rep. Laeed. x. 7 ; iii. 3). It was, 
 however, a positive law, that whoever did not 
 give or could not give his contribution towards 
 the syssitia, lost his rights as a citizen. (Aristot. 
 Poll/, ii. 6. p. 59. ed. Giittling.) The highest de- 
 gree of infamy fell upon the coward (rpeaas) who 
 either deserted from the field of battle, or returned 
 home without the rest of the anny, as Aristodemus 
 did after the battle of Thermopylae (Ilerod. vii. 
 231), though in this case the infamy itself, as well 
 as its humiliating consequences, were manifestly 
 the mere effect of public opinion, and lasted until 
 the person labouring under it distinguished himself 
 by some signal exploit, and thus wiped off the 
 stain from his name. The Spartans, who in Sphac- 
 teria had surrendered to the Athenians, were 
 punished with a kind of atimia which deprived 
 them of their claims to puWic offices (a punishment 
 common to all kinds of atimia), and rendered them 
 incapable of making any lawful purchase or sale. 
 Afterwards, however, they recovered their rights. 
 (Thucyd. v. 34.) Unmarried men were also sub- 
 ject to a certain degree of infamy, in as far as they 
 were deprived of the customary iionours of old age, 
 
 2 L 2 
 
51C 
 
 INFANS. 
 
 INGENUI. 
 
 were excluded from taking part in the celebration of 
 certain festivals, and occasioiially compelled to sing 
 defamatory songs against themselves. No atimos 
 was allowed to marry the daughter of a Spartan 
 citizen, and was thus compelled to endure the 
 ignominies of an old bachelor. (Plut. Aj/csil. 30 ; 
 Miiller, Dor. iv. 4. § 3.) Although an atimos at 
 Sparta was subject to a great many painful restric- 
 tions, yet his condition cannot be called outlawry ; 
 it was rather a state of infamy properly so called. 
 Even the atimia of a coward cannot be considered 
 equivalent to the civil death of an Athenian atimos, 
 for we find him still acting to some extent as a 
 citizen, though always in a manner which made 
 his infamy manifest to every one who saw him. 
 
 (Lelyveld, De Iitfamia ex Jure .^ftico, Amstelod. 
 1835; Wachsmuth, Hellen. Alterth. ii. 1. p. 243, 
 &c. ; Meier, De Bonis Damnat. p. 101, &c. ; 
 Schomann, De Comit. Af/i. p. 67, &c. transl. ; 
 Hermann, PoHt. Ant. of Greece, § 124 ; Meier und 
 Schnmann, Att. Proc. p. 563. On the Spartan 
 atimia in particular, see Wachsmuth, ii. 1. p. 358, 
 &c. ; Miiller, Dor. iii. 10. § 3.) [L. S.] 
 
 INFANS, INFA'NTIA. In the Roman law 
 there were several distinctions of age which were 
 made with reference to the capacity for doing legal 
 acts: — 1. The first period was from birth to the 
 end of the seventh year, during which time per- 
 sons were called Infantes, or Qui fari non possunt. 
 2. The second period was from the end of seven 
 years to the end of fourteen or twelve years, ac- 
 cording as the person was a male or a female, 
 during which persons were defined as those Qui 
 fari possunt. The persons included in these 
 first two classes were Impuberes. 3. The third 
 period was from the end of the twelfth or four- 
 teenth to the end of the twenty-fifth j^car, during 
 which period persons were Adolescentes, Adulti. 
 The persons included in these three classes were 
 minores xxv annis or annoimn, and were often, for 
 brevity's sake, called minores only [Curator] ; 
 and the persons included in the third and fourth 
 class were Puberes. 4. The fourth period was from 
 the age of twenty-five, during which persons were 
 Majores. 
 
 The term Impubes comprehends Infans, as all 
 Infantes are Impuberes ; but aU Impuberes are not 
 Infantes. Thus the Impuberes were divided into 
 two classes ; Infantes or those imder seven years of 
 age, and those above seven, who are generally un- 
 derstood by the term Impuberes. PupiUus is a 
 general name for all Impuberes not in the power of 
 a father. (Dig. 50. tit. 16. s. 239.) 
 
 The commencement of Pubertas was the com- 
 mencement of fuU capacity to do legal acts. Be- 
 fore the commencement of Pubertas, a person, 
 according to the old civil law, could do no legal 
 act without the auctoritas of a tutor. This rule 
 was made for those Impuberes who had property 
 of their own ; for it could have no application to 
 Impuberes who were in the power of a father. 
 Now the age of pubertas was fixed as above men- 
 tioned, on the supposition that persons were then 
 competent to understand the nature of their acts, 
 and the age of twelve or fourteen was only fixed 
 because it was necessary to fix some limit which 
 might apply to all cases ; but it was obvious that in 
 many cases when a person bordered on the age of 
 Puberty (pubertati proximus), and had not yet 
 attained it, he might have sufficient understanding 
 to do many legal acts. Accordingly, a person who 
 
 was proximus pubertati was in course of time con- 
 sidered competent to do certain legal acts without 
 the auctoritas of a tutor ; but to secure him against 
 fraud or mistake, he could only do such acts as 
 were for his own advantage. This relaxation of 
 the old law was beneficial both to the Impubes 
 and to others, but owing to its being confined to 
 such narrow limits of time, it was of little practical 
 use, and accordingly it was extended as a positive 
 rule to a longer period below the age of puberty ; 
 but still with the same limitation : the Impubes 
 could do no act to his prejudice without the 
 auctoritas of a tutor. It was, however, necessary 
 to fix a limit here also, and accordingly it was de- 
 termined that such limited capacity to do legal 
 acts shoidd commence with the termination of 
 infantia, which, legally defined, is that period after 
 which a person, either alone or with a tutor, is 
 capable of doing legal acts. # 
 
 Infans properly means Qui fari non potest ; and 
 he of whom could be predicated, Fari potest, 
 was not Infans, and was capable of doing certain 
 legal acts. The phrase Qui fari potest is itself 
 ambiguous ; but the Romans, in a legal sense, did 
 not limit it to the mere capacity of uttering words, 
 which a child of two or three years generally pos- 
 sesses, but they understood by it a certain degree 
 of intellectual devclopement ; and, accordingly, the 
 expression Qui fari potest expressed not only that 
 degree of intellectual devclopement which is shown 
 by the use of intelligible speech, but also a 
 capacity for legal acts in which speech was re- 
 quired. Thus the period of infantia was extended 
 beyond that which the strict etymological meaning 
 of the word signifies, and its termination was fixed 
 by a positive rule at the end of the seventh year, 
 as appears hy numerous passages. (Dig. 26. tit. 7. 
 s. 1 ; 23. tit. 1. s. 14 ; Cod. 6. tit. 30. s. 18 ; 
 Quintilian, I/isf. Or. i. 1 ; Isidonis, Ori(/. xi. 2.) 
 
 The expressions proximus pubertati, and proxi- 
 mus infantiae or infanti (Gains, iii. 109), are used 
 by the Roman jurists to signify respectively one 
 who is near attaining Pubertas, and one who has 
 just passed the limit of Infantia. (Savigny, St/stem 
 des Iwut. R. R. vol. iii.) [Impubes.] [G. L.] 
 
 I'NFE'RIAE. [FuNus, p. 443.] 
 
 INFULA, a flock of white and red wool, which 
 was slightly twisted, drawn into the fonn of a 
 wreath or fillet, and used by the Romans for orna- 
 ment on festive and solemn occasions. In sacrific- 
 ing it was tied with a white band [Vitta] to the 
 head of the victim (Virg. Geovg. iii. 487 ; Lucret. 
 i. 88 ; Sueton. Caluj. 27), and also of the priest, 
 more especially in the worship of Apollo and 
 Diana. (Virg. Aen. ii. 430 ; x. 538 ; Servius, in 
 Inc.; Isid. Oriff. xix. 30; Festus, s. v. Infulae.) 
 The " torta infula " was worn also by the Vestal 
 Virgins. (Prud. c. Si/m. ii. 1085. 1094.) Its use 
 seems analogous to that of the lock of wool worn 
 by the flamines and salii [Ape.x]. At Roman 
 marriages the bride, who carried wool upon a dis- 
 taff in the procession [Fusus, p. 446], fixed it as 
 an infula upon the door-case of her future husband 
 on entering the house. (Lucan, ii. 355 ; Plin. II ■ N. 
 xxix. 2; Servius, />« Viir/. Acn. iv. 458.) [J. Y.] 
 
 INGE'NUI, INGENUITAS. According to 
 Gains (i. 11), ingenui are those free men who ai'e 
 bom free. Consequently, freedmen {libei-tini) were 
 not ingenui, though the sons of libertini were in- 
 genui ; nor could a libertinus hy adoption become 
 ingenuus. (Gell. v. 19.) If a female slave (uiailla) 
 
INJURIA. 
 
 517 
 
 was pregnant, and was manumitted before slie gave 
 birth to a child, such child was born free, and 
 therefore was ingenuus. In other cases, also, the 
 law favoured the claim of free birth, and conse- 
 quently of ingenuitas. (Paulus, Sc7ii. Rcccpt. iii. 
 24, and v. 1. Delihcrali causa.) If a man's in- 
 genuitas was a matter in dispute, there was a 
 judicium ingenuitatis. (Tacit..4««. xiii.27 ; Paulus, 
 S. R. V. 1.) 
 
 The words ingenuus and libertinus are often 
 opposed to one another ; and the title of freeman 
 (liber), which would comprehend libertiiuis, is 
 sometimes limited by the addition of in- 
 genuus (liber et ingenuus, Hor. Ar. P. 3f!3). 
 According to Cincius, in liis work on Comitia, 
 quoted by Festus (y. v. Patru-ins), those who, in 
 his time, were called ingenui, were originally called 
 patricii, which is interpreted by Goettling to mean 
 that Gentiles were originally called Ingenui also : 
 a manifest misunderstanding of the passage. If 
 this passage has any certain meaning, it is this : 
 originally the name ingenuus did not exist, but the 
 word patricius was sufficient to express a Roman 
 citizen by birth. This rem;u-k then refers to a 
 tmie when there were no Roman citizens except 
 patricii ; and the detinition of ingenuus, if it had 
 then been in use, would have been a sufficient de- 
 iinition of a patricius. But the word ingenuus was 
 introduced, in the sense here stated, at a later time, 
 and when it was v/anted for the purpose of indicat- 
 ing a citizen by birth, merely as such. Thus, in 
 the speech of Appius Claudius Crassus (Liv. vi. 
 40), he contrasts with persons of patrician descent, 
 " Unus Quiritiura quilibet, duobus ingenuis or- 
 tus." Further, the definition of Gentilis by 
 Scaevola [Gens, p. 448], shows that a man might 
 be ingenuus and vet not gentilis, for he might be 
 the son of a freedman ; and this is consistent with 
 Livy (x. 8). If Cincius meant his proposition to 
 be as comprehensive as the terms will allow us to 
 take it, the proposition is this: — All (now) ingenui 
 comprehend all (then) patricii ; which is untrue. 
 
 Under the empire, Ingenuitas, or the Jura In- 
 genuitatis, miglit be acquired by the imperial 
 favour ; that is a person, not ingenuus bj' birth, 
 was made so by the sovereign power. A freedman 
 who had obtained the Jus Annulorum Aureonnn, 
 was considered ingenuus ; but this did not inter- 
 fere with the patronal rights. (Dig. 40. tit. 10. s. 
 S and 6.) By the natalibus restitutio the princeps 
 gave to a libertinus the character of ingenuus ; a 
 foim of proceeding which involved the theory of 
 the original freedom of all mankind, for the liber- 
 tinus was restored, not to the state in which he 
 had been born, but to his supposed original state of 
 freedom. In this case the patron lost his patronal 
 rights by a necessary consequence, if the fiction 
 were to have its full effect. (Dig. 40. tit. 11.) It 
 seems that questions as to a man's ingenuitas were 
 common at Rome ; which is not surprising, when 
 we consider tluit patronal rights were involved in 
 them. [G. L.] 
 
 INJU'RIA. Injuria was done by striking or 
 beating a man either with the hand or with any 
 thing; by abusive words {cam-icium) ; by the pro- 
 scriptio bonorum, when the claimant knew that 
 the alleged debtor was not really indebted to him, 
 for the bonorum proscriptio was accompanied with 
 infamia to the debtor (Cic. Pro Quint. G. 15, IG) ; 
 by libellous writings or verses ; by soliciting a 
 mater familias or a practextatus [Impubes] ; and 
 
 by various other acts. A man might sustain in- 
 juria either in his own person, or in the person of 
 those who were in his power or in manu. No in- 
 juria could be done to a slave, but certain acts 
 done to a slave were an injuria to his master, when 
 the acts were such as appeared from tlieir nature 
 to be insulting to the master ; as, for instance, if a 
 man should Hog another man's slave, the master 
 had a remedy against the wrong-doer, wliich was 
 given him by the praetor's fomuJa. But in many 
 other c;ises of a slave being maltreated, there was 
 no regular fonnula by which the master could 
 have a remedy, and it was not easy to obtain one 
 from the praetor. 
 
 The Twelve Tables had various provisions on 
 the subject of Injuria. Libellous songs or verses 
 were followed by capital punishment, that is, 
 death, as it appears (Cic. Rep. iv. 10, and the 
 notes in Mai's edition). In the case of a limb 
 being mutilated the punishment was Talio (Festus, 
 ». V. Talio). In the case of a broken bone, the 
 penalty was 300 asses if the injury was done to a 
 freeman, and 150 if it was done to a slave. In 
 other cases the Tables fixed the penalty at 25 asses. 
 (Gellius, xvi. 10, xx. 1.; Dirksen, Uebcr- 
 aickt, &c.) 
 
 These penalties which were considered sufficient 
 at the time when the}- were fixed, were afterwards 
 considered to be insufficient; and the injured per- 
 son was allowed by the praetor to claim such 
 damages as he thought that he was entitled to, and 
 the judex might give the full amount or less. But 
 in the case of a very serious injury (atrojc injuria), 
 when the praetor required security for the defend- 
 ant's appearance to be given in a particular sum, 
 it was usual to claim such sum as the damages in 
 the plaintiff''s declaration, and though the judex 
 was not bound to give damages to that amount, he 
 seldom gave less. An injuria had the character 
 of atrox, either from the act itself, or the place 
 where it was done, as for instance, a theatre or 
 forum, or from the status of the person injured, as 
 if he were a magistratus, or if he were a senator 
 and the wrong-doer were a person of low condition. 
 
 A Lex Cornelia specially provided for cases of 
 pulsatio, verberatio, and forcible entry into a man's 
 house (domun). The jurists who commented on 
 this lex defined the legal meaning of pulsatio, ver- 
 beratio, anddomus. (Dig. 47. tit. 10. s. 5.) 
 
 The actions for Injuria were gradually much ex- 
 I tended, and the praetor would, according to the 
 circumstances of the case {causa cognita ), give a 
 person an action in respect of any act or conduct 
 of another, which tended, in the judgment of the 
 praetor to do him injury in reputation or to wound 
 his feehngs. (See Dig. 47. tit. 10. s. 15 ; 22, 23, 
 24, &c.) Many cases of Injuria were subject to a 
 special punishment (Dig. 47. tit. 11) as deportatio; 
 and this proceeding e.xtra ordinem was often 
 adopted instead of the civil action. Various imperial 
 constitutions affixed the punishment of death to 
 libellous writings {famosi libcUi). 
 
 Infamia was a consequence of condemnation in 
 an actio Injuriarum [Infamia]. He who brought 
 such an action per calumniam was liable to be 
 punished extra ordinem. (Gains, iii. 220 — 225 ; 
 Hor. Sat. I. i. 80 ; Dig. 47. tit. 10 ; Cod. Theod. 
 ix. tit. 34 ; Cod. ix. tit. 3(j ; Paulus, Smd. Recep. 
 V. tit. 4.) [G. L.] 
 
 INJURIA'RUM ACTIO. [Injuria.] 
 'INn"A, festivals celebrated in several piU'ts of 
 
518 
 
 INSIGNE. 
 
 INSIGNE. 
 
 Greece, in honour of the ancient heroine Inc. At 
 Megara she was honoured with an annual sacri- 
 fice, because the Megariaus believed that her body 
 had been cast by the waves upon their coast, and 
 that it had been found and buried there by Cleso 
 and Tairropolis. (Paus. i. 42. § 8.) Another festi- 
 val of Ino was celebrated at Epidaurus Limera, in 
 Laconia. In the neighbourhood of this town there 
 was a small but very deep lake, called the water of 
 Ino, and at the festival of the heroine the people 
 threw barley-cakes into the water. When the 
 cakes sank it was considered a propitious sign, but 
 when they swam on the surface it was an evil 
 sign. (Paus. iii. 23. § 5.) An annual festival, 
 with contests and sacrifices, in honour of Ino, was 
 also held on the Corinthian Isthmus, and was said 
 to have been instituted by king Sisyphus. (Tzetzes, 
 ad Lycophr.) [L. S.] 
 
 INOFFICIO'SUM TESTAME'NTUM.[Tes- 
 
 TAMENTUM.] 
 
 INQUILI'NUS. [Banishment (Roman), 
 p. 127.] 
 
 INSA'NIA, INSA'NUS. [Curator.] 
 INSIGNE (^ai^jjLiiov, iiriaTJixa, iT!lai}ixov, Trapd- 
 
 ariixov), a badge, an ensign, a mark of distinction. 
 
 Thus the Bulla worn by a Roman boy was one 
 
 of the insignia of his rank. (Cic. Verr. ii. i. 58.) 
 
 Five classes of insignia more especially deserve 
 
 notice : — 
 
 I. Those belonging to officers of state or civil 
 functionaries of all descriptions, such as the Fasces 
 carried before the Consul at Rome, the laticlave 
 and shoes worn by senators [Calceus, p. 175 ; 
 Clavus, p. 241], the carpentum and the sword 
 bestowed by the emperor upon the praefect of the 
 praetorium. (Lydus, de Mag. ii. 3. 9.) The Ro- 
 man EciuiTES (p. 396) were distinguished by the 
 " equus publicus," the golden ring, the angustus 
 clavus (p. 242), and the seat provided for them in 
 the theatre and tlie circus. (C. G. Schwartz, Diss. 
 Selcctae, p. 84—101.) The insignia of the kings of 
 Rome, viz. the trabea, the toga-praetexta, the 
 crown of gold, the ivory sceptre, the sella curulis, 
 and the twelve lictors with fasces, all of which 
 except the crown and sceptre were transferred to 
 subsequent denominations of magistrates, were 
 copied fi'om the usages of the Tuscans and other 
 nations of early antiquity. ( Flor. i. 5 ; Sallust, 
 B. Cat. 51 ; Virg. Aen. vii. 188. 612 ; xi. 334 ; 
 Lydus, de Ma,j. i. 7, 8. 37). 
 
 II. Badges worn by soldiers. The centurions 
 in the Roman army were kno\vn by the crests of 
 their helmets [Galea], and the common men by 
 their shields, each cohort having them painted in a 
 manner peculiar to itself. (Veget. ii. 1 7 ; compare 
 C'aes. Bell. Gall. vii. 45.) [Clipeus.] Among 
 the Greeks the devices sculptured or painted 
 upon shields (see woodcut, p. 84), both for the 
 sake of ornament and as badges of distinction, em- 
 ployed the fancy of poets and of artists of every 
 description from the earliest times. Thus the 
 seven heroes who fought against Thebes, all ex- 
 cept Amphiaraus, had on their shields expressive 
 figures and mottos, diiferently described, however, 
 by different authors. ( Aeschyl. Sept. c. Tlich. 383 
 ■ — 646 ; Eurip. Phoen. 1125 — 1156 ; ApoUodor. 
 Bibl. iii.6. 1.) Alcibiades, agreeably to his general 
 character, wore a shield richly decorated with 
 ivcu'v and gold, and exliibiting a representation of 
 Cupid bnuidibhiiig a thunderbolt. (Athen.xii.47.) 
 The tirst use of these emblems on shields is attri- 
 
 buted to the Carians (Herod, i. 171); and the 
 fictitious employment of them to deceive and mis- 
 lead an enemy was among the stratagems of war. 
 (Paus. iv. 28. 3 ; Vii-g. Aen. ii. 389—392.) 
 
 III. Family badges. Among the indignities 
 practised by tlie Emperor Caligula, it is related 
 that he abolished the ancient insignia of the 
 noblest families, viz. the torques, the cincinni, 
 and the cognomen " Magnus." (Sueton. Calig. 
 35.) 
 
 IV. Signs placed on the front of buildings. A 
 figure of Mercury was the common sign of a 
 Gymnasium ; but Cicero had a statue of Minerva 
 to fulfil the same purpose. {Ad Aft. i. 4.) Cities 
 had their emblems as well as separate edifices ; 
 and the officer of a city sometimes affixed the 
 emblem to public documents as we do the seal of a 
 municipal coi-poration. (Antigonus Caryst. 15.) 
 
 V. The figure-heads of ships. The insigne of a 
 ship was an image placed on the prow, and giving 
 its name to the vessel. (Tacit. An7i. vi. 34 ; Caes. 
 B. Civ. ii. 6.) Thus the ship, figured in p. 48, 
 would probably be called the Triton. (Stat. Thelj. 
 v. 372 ; Virg. Aen. x. 209 — 212, compared with 
 woodcut, p. 459.) Paul sailed from Melite to 
 Puteoli in the Dioscuri, a vessel which traded be- 
 tween that city and Alexandria. {Aets, xxviii. 11.) 
 Enschede has drawn out a list of one hundred 
 names of ships, which occur either in classical 
 authors or in ancient inscriptions. {Diss, de 
 Tat. et I/uiiy/dljuti Nainum, reprinted in Ruhn- 
 kenii Opusc. p. 257 — 305.) The names were 
 those of gods and heroes, together with their attri- 
 butes, such as the helmet of Minerva, painted on 
 the prow of the ship which conveyed Ovid to 
 Pontus (a picta casside noinen luJjet, Trist. i. 9.2); 
 of virtues and atfections, as Hope, Concord, Vic- 
 tory ; of countries, cities, and rivers, as the Po, 
 the Mincius (Virg. Aen. x. 206), the Delia, the 
 Syracuse, the Alexandria (Athen. v. 43) ; and of 
 men, women, and annuals, as the boar's head, 
 which distinguished the vessels of Samos (Herod, 
 iii. 59 ; Choerilus, p. 155. ed. Naeke ; Hesych. 
 s. 'S.ap.iaKos Tgoiros: Eust. in Horn. Od. xiii 
 p. 525 ; woodcut, p. 407), the swan [Chenis- 
 cus], the tiger (Virg. Aen. x. 166), the bidl 
 {■KQoToixrlv ravgov, Schol. in ApoU. Rliod. ii. 168). 
 Plutarch mentions a Lycian vessel with the sign of 
 the lion on its prow, and that of the serpent on its 
 poop. {De Mill. Virt. p. 441. ed. Steph.) After 
 an engagement at sea, the insigne of a conquered 
 vessel, as well as its aplustre, was often taken 
 from it and suspended in some temple as an offer- 
 ing to the god. (Pint, r/iewwt p. 217.) Figure- 
 heads were probably used from the first origin of 
 navigation. On the war-galleys of the Phoenicians, 
 who called them, as Herodotus says (iii. 37), 
 TraraiKoi, i. e. " carved images they had some- 
 times a very grotesque appearance. 
 
 Besides the badge which distinguished each 
 individual ship, and which was either an engraved 
 and painted wooden image, fomiing part of the 
 prow, or a figure often accompanied by a name 
 and painted on both the bows of the vessel, other 
 insignia, which could be elevated or lowered at 
 pleasure, were requisite in naval engagements. 
 These were probably flags or standards, fixed to 
 the aplustre or to the top of the mast, and serving 
 to mark all those vessels which belonged to the 
 same Heet or to the same nation. Such were " the 
 Attic" and the Persic signals" (to 'Attkcoi/ cn)- 
 
INSTITUTIONES. 
 
 INSTITUTIONES. 
 
 519 
 
 /utioi', Polyaeii. iii. II. 11 ; viii. 53. 1 ; Becker, 
 Ch<ii: ii. p. C3). [J. Y.] 
 
 I'NSTITA [vepmo^iov), a flounce; a fillet. 
 The Roman matrons sometimes wore a broad fillet 
 with ample folds, sewed to the bottom of the tunic 
 and reaching to the instep. The use of it indicat- 
 ed a superior regard to decency and propriety of 
 manners, (llor. Sat. i. ii. 29 ; Ovid, Ars Amat. i. 
 3"2.) It must have resembled a modern flounce. 
 By the addition of gold and jeweller}' it took the 
 foi-m of the more splendid and expensive Cyclas. 
 
 When this tenn denoted a fillet, which was 
 used by itself, as in the decoration of a Thyrsus 
 (Stilt. TUj. vii. 054), it was equivalent to Vitt.\ 
 or Fascia. [Tu.n'r a.] [J. Y.] 
 
 I'NSTITOR. [Institoria Actio.] 
 INSTITO'RI A ACTIO. This actio or formula 
 was allowed against a man who had appointed 
 either his son or a slave, and either his own or 
 another man's slave, or a free person, to manage a 
 taberna or any other business for him. The con- 
 tracts with such manager, in respect of the taberna 
 or other business, were considered to be contracts 
 with the principal. The formula was called Insti- 
 toria, because he who was appointed to manage a 
 taberna was called an Institor. And the institor, 
 it is said, was so called, " quod negotio gerendo 
 instet sive insistat." If several persons appointed an 
 institor, any one of them might be sued for the 
 whole amount for which the persons were liable on 
 the contract of their institor ; and if one paid the 
 demand, he had his redress over against the others 
 by a societatis judicium or communi dividundo. A 
 gi'eat deal of business was done through the medium 
 of insli tores, and the Romans thus carried on various 
 lucrative occupations in the name of their slaves, 
 which they could not or would not have carried on 
 personally. Institores are coupled witli Nautae by 
 Horace {Ep. xvii. '20), and with the Magister 
 Navis {Carm. iu.\'i. 30). (Gaius, iv. 71 ; Dig. 14. 
 tit. 3.) [G. L.] 
 
 INSTITUTIO'NES. It was the object of 
 .lustinian to comprise in his Code and Digest or 
 Pandect, a complete body of law. But these works 
 were not adapted to the purposes of elementary 
 instruction, and the writings of the ancient jurists 
 were no longer allowed to have any authoritj^, e.x- 
 cept so far as they had been incorporated in the 
 Digest. It was, therefore, necessar}' to prepare an 
 elementary treatise, for which purpose Justinian 
 appointed a coniraission, consisting of Tribonianus, 
 Theophilus, and Dorotheus. The commission was 
 instnicted to compose an institutional work which 
 should contain the elements of the law (/c;/iim ctina- 
 btila), and should not be encumbered with useless 
 matter (/Voocm. Inst.). Accordingly, they produced 
 a treatise, under the title of Institutiones,orElementa 
 {Dc Juris docendi Raiio/ie), which was based on 
 former elementary works of the same name and of 
 a similar character, but chiefly on the Commentarii 
 of Caius or Gaius, his Res Quotidianae, and vari- 
 ous other Commentarii. The Institutiones were 
 published with the imperial sanction, at the close of 
 the year a. n. 533, at the same time as the Digest. 
 
 The Institutiones consist of four books, which are 
 divided into titles. The first book treats chiefly 
 of matters relating to personal status ; the second 
 treats chiefly of property, and its incidents, and of 
 testaments, legacies, and fideicomniissa ; the third 
 treats chiefly of successions to the property of in- 
 testates, and matter incident thereto, and on obli- 
 
 gations not founded on delict; the fourth treats 
 chiefly of obligations founded on delict, actions and 
 their incidents, interdicts, and of the .Indicia Publica. 
 The judicia publica are not treated of by Gaius in 
 his Commentaries. Heineccius, in his Autiquitatum 
 Romanarum Jurisprudentiam dlustrantium Syn- 
 tagma, has followed the order of the Institutiones. 
 Theophilus, generally considered to be the person 
 who was one of the compilers of the Institutiones, 
 wrote a Greek paraphrase upon them, which is still 
 extant, and is occasionally useful. The best edi- 
 tion of the paraphrase of Theophilus is that of 
 \V. 0. Reitz, Haag, 1751, 2 vols. 4to. There are 
 numerous editions of the Latin text of the Institu- 
 tiones. The editio princeps is that of Mainz, 1468, 
 fol. ; that of Klenze and Boecking, Berlin, 1829, 
 4to, contains both the Institutiones and the Com- 
 mentarii of Gaius ; the most recent edition is that 
 of .Schrader, Berlin, 1832 and 1836. 
 
 There were various institutional works written 
 by the Roman jurists. There still remain frag- 
 ments of the Institutiones of Ulpian, which appear 
 to have consisted of two books. The four books 
 of the Institutiones of Gaius were formerly only 
 kno\vn from a few excerpts in the Digest, from the 
 Epitome contained in the Breviarium, from the 
 CoUatio, and a few quotations in the Commentary 
 of Boethius on the Topica of Cicero, and in 
 Priscian. 
 
 The M.S. of Gaius was discovered in the liljrary 
 of the Chapter of Verona, by Niebuhr, in 1816. 
 It was first copied by Goeschen and Bethman- 
 HoUweg, and an edition was published by Goe- 
 schen in 1820. The deciphering of the M.S. was 
 a work of great labour, as it is a palimpsest, the 
 writing on which has been washed out, and in 
 some places erased with a knife, in order to adapt 
 the parchment for the pm-poses of the transcriber. 
 The parchment, after being thus treated, was used 
 for transcribing upon it some works of Jerome, 
 chiefly his epistles. The old writing was so ob- 
 scure that it could only be seen by applying to it 
 an infusion of gall-nuts. A fresh examination of 
 the M.S. was made by Bluhine, but with little ad- 
 ditional profit, owing to the condition of the manu- 
 script. A second edition of Gaius was published 
 by Goeschen in 1824, with valuable notes, and an 
 Index Siglarura used in the M.S. The preface to 
 the first edition contiiins the complete demonstra- 
 tion that the M.S. of Verona is the genuine Com- 
 mentaries of Gaius, though the M.S. itself has no 
 title. 
 
 The arrangement of the matter in the Institu- 
 tiones of Gaius resembles that of the Institutiones 
 of Justinian, which were founded on them. The 
 first book treats of tlie status of persons ; the 
 second treats De Rerum Divisione et Acquisitioiie, 
 and comprehends legacies and fideicomniissa; the 
 third book treats of successions ab intestate, and 
 obligations founded on contract and delict ; the 
 fourth treats solely of actions, and matters connect- 
 ed there\vitli. 
 
 There has been a great difference of opinion as 
 to the age of Gaius, but it appears from the Insti- 
 tutiones that he wrote that work under Antoninus 
 Pius and M. Aurelius, 
 
 Many passages in the Fragments of Ulpian are 
 the same as passages in Gaius, which may be ex- 
 plained by assuming that both these writers copied 
 such parts from the same original. Though the 
 Institutiones of Justinian were mainly based on 
 
5-20 
 
 INTERCESSIO. 
 
 INTERCESSIO. 
 
 those of Gaius, it is clear tliat the compilers of the 
 Institutiones of Justinian often followed some other 
 work ; and, in some instances, the Institutiones of 
 Justinian are more clear and explicit than those of 
 Gaius. An instance of this occurs in Gaius (iii. 
 109) and the Institutiones of Justinian (iii. tit. 
 19. s. 10). 
 
 Gaius belonged to the school of the Sabiniani 
 [JuRiscoNSULTi]. The Jurists whom he cites 
 in the Institutiones, are Cassius, Fufidius, Javo- 
 lenus, Julianus, Labeo, Maximus, Q. Mucins, Ofi- 
 lius, Proculus, Sabinus, Servius, Servius Sulpicius, 
 Sextus, Tubero. [G. L.] 
 
 INSTITUTO'RIA ACTIO. [Intbrcessio.] 
 
 I'NSULA. [House (Roman), p. 498.] 
 
 INTE'NTIO. [Actio, p. 10.] 
 
 I'NTEGRUM RESTITU'TIO, IN. [Re- 
 stitutio.] 
 
 INTERCE'SSIO. The verb Intercedere is 
 variously applied to express the act of him who in 
 any way undertakes an ol)lia;ation for another. 
 Sponsores, iidepromissores, and fidejussores, may 
 be said Intercedere. With respect to one another 
 sponsores were consponsores. (Cic. ad Ait. xii. 17.) 
 Sponsores and iidepromissores were nearly in the 
 same condition : fidejussores were in a somewhat 
 different legal relation. 
 
 Sponsores and fidepromissores could only become 
 parties to an obligatio verborum, though in some 
 cases they might be bound, when their principal 
 (r/ui promiscrii) was not, as in the case of a 
 pupillus who promised without the auctoritas of 
 his tutor, or of a man who promised something 
 after his death. A fidejussor might become a 
 part_v to all obligations, whether contracted re, 
 verbis, litteris, or consensu. In the case of a 
 sponsor the interrogatio was. Idem dari spondes ? 
 in the case of a fidepromissor, it was. Idem fide- 
 promittis ? in the case of a fidejussor, it was. Idem 
 fide tua esse jubes ? The object of having a 
 sponsor, fidepromissor, or fidejussor, was greater 
 security to the stipulator. On the other hand, the 
 stipulator had an adstipulator onlj^ when the pro- 
 mise was to pay something after the stipulator's 
 death, for if there was no adstipulator the stipula- 
 tio was inutilis or void. (Gaius, iii. 100. 117.) 
 The adstipul.itor was the proper party to sue 
 after the stipidator's death, and he could be com- 
 pelled by a mandati judicium to pay to the heres 
 whatever he recovered. 
 
 The heres of a sponsor and fidepromissor was 
 not bound, unless the fidepromissor were a pere- 
 grinus, whose state had a diiferent law on the 
 matter ; but the heres of a fidejussor was bound. 
 By the Lex Furia, a sponsor and fidepromissor 
 were free from all liability after two years, which 
 appears to mean two years after the obligation had 
 become a present demand. All of them who were 
 alive at the time when the money became due 
 could be sued, but each only for his share. Fide- 
 jussores were never released from their obligation 
 by length of time, and each was liable for the 
 whole sum ; but by a rescript {epistola) of Hadrian, 
 the creditor was required to sue the solvent fide- 
 jussores separately, each according to his propor- 
 tion. 
 
 A Lex Apuleia, which was passed before the 
 Le.x Furia, gave one of several sponsores or fide- 
 promissores, who had paid more than his share, an 
 action against the rest for contriliution. Before 
 the passing of this Lex Apuleia, any one sponsor or 
 
 fidepromissor might be sued for the whole amount ; 
 but this lex was obviously rendered useless by the 
 subsequent Lex Furia, at least in Italy, to which 
 country alone the Lex Furia applied, while tlie 
 Lex Apuleia extended to places out of Italy. 
 
 A fidejussor, who had been compelled to pay 
 the whole amount, had no redress if his principal 
 was insolvent ; though, as already observed, he 
 could by the rescript of Hadrian compel the credi- 
 tor to limit his demand against him to his share. 
 
 A creditor was obliged formally to declare his 
 acceptance of the sponsores or fidepromissores who 
 were oiTered to him, and also to declare what was 
 the object as to which they were security; if he 
 did not comply with this legal requisition, the 
 sponsores and fidepromissores might, within thirty 
 days (it is not said what thirty days, but probably 
 thirty days from the time of the sureties being 
 otfered), demand a praejudicium (prayiulicium 
 postulare)., and if they proved that the creditor had 
 not complied with the requisitions of the law, they 
 were released. 
 
 A Lex Cornelia limited the amount for which 
 any person could be a securit)' for the same person 
 to the same person within the same year, but with 
 some exceptions, one of which was a security 
 " dotis nomine." No person could be bound in a 
 greater amount than his principal, but he might be 
 bound in less ; and every surety could recover on 
 a mandati judiciimi from his principal whatever he 
 had been compelled to pay on his account. By a 
 Lex Publilia sponsores had a special action in 
 duplum, which was caUed an actio depensi. 
 
 There is a passage in the Epitome of Gaius in 
 the Breviariiun (ii. 9. § "2), which is not taken 
 from Gaius : it is to this effect : — The creditor may 
 sue either the debtor or his fidejussor; but after he 
 has chosen to sue one of them, he cannot sue 
 the other. — Cicero appears to aUude to the same 
 doctrine {ad Att. xvi. IS) in a passage which is 
 somewhat obscure, and is variously explained. The 
 subject of the sponsio often occurs in Cicero's 
 letters ; and in one case he was called upon in re- 
 spect of a sponsio alleged to liave l)een given by 
 him twenty-five years before (ad Alt. xii. 17). 
 Cicero does not raise any difficulty as to the time 
 that had elapsed, from which it must be inferred, 
 either that the obligation had only recently be- 
 come a demand, or that the rule about the two 
 years did not exist in his time. Cicero uses the 
 expression " appellare " to express calling on a 
 surety to pay {ad Att. i. 8). 
 
 (Gaius, iu. 115—127; Dig. 44. tit. 7; 46. 
 tit. 1.) 
 
 Women generally were incapacitated from doing 
 many acts on account of the weakness of the sex. 
 It was a general rule that any person might " in- 
 tercedere," who was competent to contract and to 
 dispose of his propertj' ; but rainores xxv and wo- 
 men had only a limited capacity in respect of their 
 contracts and the disposition of their estates. In 
 the early part of the reign of Augustus and in that 
 of Claudius, it was declared by the Edict that wo- 
 men should not " intercedere " for their husbands. 
 Subsequently in the consulship of M. Silanus and 
 Velleius Tutor (a. d. 10). the Senatusconsultum 
 Velleianum was passed, which absolutely prohibited 
 all Intercessio by women ; and tlie Novella 134. 
 c. 8, had for its special object to make null all In- 
 tercessio of a wife for her husliand. A woman 
 who was sued in respect of her Intercessio, or her 
 
INTERDICTUM. 
 
 INTERDICTUM. 
 
 521 
 
 heres, might plead the Seniitusconsultuui, and she 
 might recover anything that slie had paid in respi^ct 
 of her Intercessio. Tlie Scnatusconsultuni, though 
 it made null the intercessio of a woman, protected 
 the creditor so far as to restore to him a fonner 
 right of action against his debtor and fidejussores : 
 this action was called Restitutoria or Rescissoria. 
 In the case of a new contract, to which the woman 
 was a party, the Intercessio was null by the 
 Senatusconsultum, and the creditor had the same 
 action against the person for whom the woman 
 " intcrcessit," as he would have had against the 
 woman : this action, inasmuch as the contract had 
 no reference to a former right, but to a right arising 
 out of the contract, was Institutoria. In certain 
 cases, a woman was pennitted to renounce the 
 benefit of the Senatusconsultum. 
 
 (Dig. lb", tit. I. ad S. C. Velleianum ; Paulus, 
 & i?. ii. tit. II.) [G. L.] 
 
 INTERCE'SSIO was the interference of a ma- 
 gistratus to whom an appeal [Aitellatio] was 
 made. Tlie object of the Intercessio was to put a 
 stop to proceedings, on the ground of informality 
 ' or other sufficient cause. Any magistratus might 
 " intercedere, " who was of equal rank with or of 
 rank superior to the magistratus from or against 
 whom the appellatio was. Cases occur in which 
 one of the praetors interposed (2«fcra'ssi7)against the 
 proceedings of his colleague. (Cic.i'w VerrAAd.) The 
 Intercessio is most frequently spoken of with refer- 
 ence to the Tribunes who originally had not juris- 
 dictio, but used the Intercessio for the purpose of 
 preventing wrong which was offered to a person in 
 their presence (Gell. xiii. 12). The Intercessio of 
 the Tribunes of the Plebs, was Auxilium (Cic. 
 Pro Quin/iu, 7. 20); and it might be exercised 
 either in jure or in judicio. The tribune qui inter- 
 cessit could prevent a judicium from being instituted. 
 That there could be an Intercessio after the Litis 
 Contestatio appears from Cicero (Pro Tulliu, c. 38). 
 The tribunes could also use the Intercessio to pre- 
 vent execution of a judicial sentence. (Liv. vi. 27.) 
 T. Gracchus interfered [iidercesdi) against the 
 praetor Terentius, who was going to order execu- 
 tion, in the case of L. Scipio who was condemned 
 for peculation (Liv. xxxviii. 60; GelL vii. 19), and 
 he prevented Scipio being sent to prison, but he 
 did iu)t interfere to prevent execution being had on 
 his property. A single tribune could effect this, 
 and against the opinion of his colleagues, which 
 was the case in the matter of L. Scipio. [Tki- 
 
 BUNI.} [G. L.] 
 
 INTERCI'SI DIES. [Dies, p. 340.] 
 INTERDI'CTIO AQUAE ET IGNIS. [Ba- 
 nishment (Roman).] 
 
 INTERDICTUM. "In certain cases {cedis 
 &i' eaimis) the praetor or proconsul, in the first in- 
 stance (pri/icipaliter), exercises his authority for the 
 termination of disputes. This he chiefly does when 
 the dispute is about Possession or Quasi-posses- 
 sion ; and the exercise of his authoiity consists in 
 ordering something to be done, or forbidding 
 something to be done. The formulae and the 
 tenns, which he uses on such occasions, are called 
 either Interdicta or Decreta. They are called De- 
 creta when he orders something to be done, as 
 when he orders something to be produced (^exldberi) 
 or to be restored : they are called Interdicta when 
 he forbids something to be done, as when he orders 
 that force shall not be used against a person who 
 is in possession rightfullj' (sine vitio), or that no- 
 
 thing shall be done on a piece of sacred ground. 
 Accordingly all Interdicta are either Restitutoria, 
 or Exhibitoria, or Prohibitoria." (Gains, iv. 139, 
 140.) 
 
 This passage contains tlie essential distinction 
 between an Actio and an Interdictum, so far as 
 the praetor or proconsul is concerned. In the case 
 of an Actio, the praetor pronounces no order or 
 decree, but he gives a Judex, whose business it is 
 to investigate the matter in dispute, and to pro- 
 nounce a sentence consistently witli the formula, 
 which is his authority for acting. In the case of 
 an Actio, therefore, the praetor neither orders nor 
 forbids a thing to be done, but he says; Judicium 
 dabo. In the case of an Interdict, the praetor 
 makes an order that something shall be done or 
 shall not be done, and his words are accordingly 
 words of command : Restituas, Exhibeas, Vim fieri 
 veto. This immediate interposition of the praetor 
 is appropriately expressed Ijy the word " princi- 
 paliter," the full effect of which is more easily seen 
 by its juxta-position with the other words of the 
 passage, than by any attempt to find an equivalent 
 English expression. 
 
 Savigny observes that it may be objected to this 
 exposition, that in one of the most important In- 
 terdicts, that De Vi, the fonnula is. Judicium dabo. 
 (Dig. 43. tit. 16. s. 1.) But, as he observes, the 
 old genuine formula was, Restituas (Cic. Pro 
 Ciwchi. 8. 30); and the "Judicium dabo" must 
 have been introduced when the formulae of the 
 two old Interdicts {De Vi Armata and De ViQuoti- 
 diana) were blended together, and at a time when 
 the distinctions between the old fonnulae had be- 
 come a matter of indifference. 
 
 The mode of proceeding as to the Interdict was 
 as follows; — The party aggrieved stated his case 
 to the praetor, which was the foundation of his de- 
 mand of an Interdict, and was therefore analogous 
 to the Postulatio actionis. If the praetor saw 
 sufficient reason, he might grant the Interdict, 
 which was often nothing inore*han the words of 
 the Edict addressed to the litigant parties ; and in 
 doing so,he used his "auctoritas finiendis controver- 
 siis " in the first instance, or immediately, and 
 without the intervention of a judex {priiicijmliter), 
 and also " certis ex causis," that is, in cases already 
 provided for by the Edict. If the defendant either 
 admitted the plaintiff's case before the interdict 
 was granted, and complied witli its terms, or sub- 
 mitted to the interdict after it was granted, the 
 dispute was of course at an end. This is not 
 stated by Gaius, but follows of necessity from the 
 nature of the case ; and when he goes on to say 
 " that when the praetor has ordered ixny thing to 
 be done or forbidden anything to be done, the 
 matter is not then ended, but the parties go before 
 a judex or recuperatores," he means that this fur- 
 ther proceeding takes place, if the praetor's Inter- 
 dict does not settle the matter. The whole fnnn 
 of proceeding is not clearly stated by some modern 
 writers, but the following is consistent with Gaius. 
 
 The complainant either obtained the Interdict 
 or he did not, which would depend on the case 
 that he made out before the praetor. If he failed, 
 of course the litigation was at end ; and if he ob- 
 tained the interdict, and the defendant complied 
 with its terras, the matter in this case also was at 
 an end. If the defendant sunply did not obey the 
 terms of the Interdict, it would be necessary for 
 I the complainant again to apply to the praetor, in 
 
52-2 
 
 INTERDICTUM. 
 
 INTERDICTUM. 
 
 order that tliis fact might be ascertained, and that 
 the plaintiif might give full witisfactidn. If the 
 defendant was dissatisfied with tlie Interdict, he 
 might also apply to the praetor for an investigation 
 into the facts of the case : his allegation might be 
 that there was originally no ground for the Interdict. 
 He might also apply to the praetor on the ground 
 that he had satisfied the terms of the Interdict, 
 though the plaintiff wasnotsatisfied, or on the ground 
 that he was unable to do more than he had done. 
 In all these cases, when the praetor's order did not 
 terminate the dispute, he directed an inquiry by 
 certain formulae, which were the instruction of the 
 judex, recuperatores, or arbiter. The inquiry 
 woidd be. Whether anything had been done con- 
 trary to the Praetor's Edict ; * or. Whether that 
 had been done, which he had ordered to be done : 
 the former inquiry would be made in the case of a 
 Prohibitory Interdict ; and the latter in the case 
 of an Exhibitory or Restitutory Interdict. 
 
 In the case of Interdicta prohibitoria there was 
 always a sponsio ; that is, the parties were re- 
 quired to deposit or give security for a sura of 
 money, the loss of which was in the nature of a 
 penalty {poe7ia) to the party who failed before the 
 judex: this sponsio was probably required by the 
 praetor. In the case of Interdicta Restitutoria 
 and Prohibitoria, the proceeding was sometimes 
 per sponsionem, and therefore before a judex or re- 
 cuperatores, and sometimes, without any sponsio, 
 per formulam arbitrariam, that is, before an arbiter. 
 In the case of these two latter Interdicts, it seems 
 to have depended on the party who claimed the 
 inquiry whether there should be a sponsio or not : 
 if such party made a sponsio, that is, proffered to 
 pay a sura of money, if he did not make out his 
 case, the opposite party was required to make one 
 also. In the case of Caecina (Cic. Pro Caecin. 8) 
 a sponsio had been raade : Cicero says, addressing 
 the recuperatores, " sponsio facta est : hac de spon- 
 sione vobis judicaridum est." In fact, when the 
 matter came before a judex or arbiter, the form of 
 proceeding was similar to the ordinary judicium. 
 
 The chief division of Interdicts has been stated. 
 Another division of Interdicts was into those for 
 the purpose of acquiring possession, retaining pos- 
 session, or recovering possession. (Gains, iv. 144.) 
 
 The Interdictum adipiscendae possessionis was 
 given to him to whora the Bonorum possessio 
 [BoNORUM Po.ssESSio] was given, and it is referred 
 to by the initial words Quorum bonorura. (Dig. 
 43. tit. 2. s. I.) Its operation was to compel a 
 person, who had possession of the property of 
 which the Bonorum possessio was granted to an- 
 other, to give it up to such person, whether the 
 person in possession of such property possessed it 
 ])ro herede or pro possessore. The Bonorum Emtor 
 [Bonorum Emtio] was also entitled to this In- 
 terdict, which was sometimes called Possessoriura. 
 It was also granted to him who bought goods at 
 public auction, and in such case was called Secto- 
 rium, the name " Sectores " being applied to per- 
 sons who bought property in such manner. (Cic. 
 Pro Rose. Am. 36.) 
 
 * " Edict " is the word used by Ciaius, but he 
 means Interdict. He uses Edict, because the In- 
 terdict woidd only be granted in such cases as 
 were provided for by the Edict (certis ex vatisis), 
 and thus an Interdict was only an application of 
 tlie Edict to a particular case. 
 
 The Interdictum Salvianum was granted to the 
 owner of land, and enabled him to take possession 
 of the goods of the colonus, who had agreed that 
 his goods should be a security for his rent. 
 
 This Interdict was not strictly a Possessorial 
 Interdict, as Savigny has shown (^Das Rcc/it des 
 Besitzes, p. 410). It did not, like the two other 
 Interdicts, presuppose a lawful possession, that is, 
 a Jus possessionis acquired by the fact of a right- 
 ful possession : the complainant neither alleged au 
 actual possession nor a former possession. 
 
 The Interdictum retinendae possessionis could 
 only be gi'anted to a person who had a rightful 
 possessio, and he was intitled to it in respect of in- 
 jury sustained hy being disturbed in his posses- 
 sion, in respect of anticipated disturbance in his 
 possession, and in the case of a dispute as to owner- 
 ship in which the matter of possession was first to 
 be inquired into. Its effect in the last case would 
 be, as Gaius states, to detennine which of two 
 litigant parties should possess, and which should be 
 the claimant. There were two Interdicts of this 
 class named respectively Uti Possidetis and Utrubi, 
 from the initial words of the Edict. The Inter- 
 dictum Uti Possidetis applied to land or houses, 
 and the other to movables. The Uti Possidetis 
 protected the person who at the time of obtaining 
 the Interdict was in actual possession, provided he 
 had not obtained the possession against the other 
 party {udversarius) vi, clam, or precario, which 
 were the three vitia possessionis. (Festus, s. v. 
 Possessio; Gaius, iv. 160.) In the case of the 
 Interdictum Utrubi, the possession of the movable 
 thing was by the Interdict declared to belong to 
 him who had possessed the thing against the other 
 party during the greater part of that year, " nec vi 
 nec clara nec precario." There were some peculi- 
 arities as to possessio of movable things. (Gaius, 
 iv. 151.) 
 
 The Interdictum recuperandae possessionis might 
 be claimed by huii who had been forcibly ejected 
 (vi dejectus) from his possession of an immovable 
 thing, and its effect was to compel the wrong- 
 doer to restore the possession, and to make good all 
 damage. The initial words of the Interdict were, 
 Unde tu ilium vi dejecisti ; and the words of com- 
 mand were, Eo restituas. (Cic. Pro Caecin. 30 ; 
 Pro Tull. 4. 29. 44 ; Gaius, iv. 1 54.) There were 
 two cases of Vis : one of Vis simply, to which the 
 ordinary Interdict applied, which Cicero calls Quo- 
 tidianum ; the other of Vis Armata, wliich had 
 been obtained by Caecina against Aebutius. The 
 plaintiff had to prove that he was in possession of 
 the premises, and had been ejected by the defend- 
 ant or his agents {/amilia or procurator, Cic. Pro 
 Tull. 29). If the matter came before a judex the 
 defendant might allege that he had complied with 
 the Interdict, " restituisse," though he had not 
 done so in fact; but this was the form of the 
 sponsio, and the defendant would succeed before 
 the judex if he could show that he was not bound 
 to restore the plaintiff to his possession. {Pro 
 Caecin. 8. 32.) 
 
 The defendant might put in an answer {cvcepfio) 
 to the plaintitt''s claim for restitution : he niiglit 
 show that the plaintiff's possession commenced 
 either vi, clam, or precario with respect to the 
 defendant {Pro Caecin. 32 ; Pro Tidl. 44); 
 but this cxceptio was not allowed in the case of 
 vis armata. {Pro Caecin. 8. 32.) The defendant 
 might also plead that a year had elapsed since the 
 
INTERDICTUM. 
 
 INTEREST OF MONEY. 523 
 
 violeiree complained of, and this was gonerally a good 
 plea; for the Interdict contained the words "in 
 hoc anno." But if the defendant was still in pos- 
 session after the year, he could not make this plea; 
 nor could he avail hims(df (if it in a case of Vis 
 Amiata. (Cic. yld Fam. xv. Iti.) 
 
 A clandestina possessio is a possessio in which 
 the possessor takes a thing (which must of course 
 be a movable thing) secretly ( fariire) and withcuit 
 the knowledge of the person whose adverse claim 
 to the possession he fears. Such a possessio, when 
 it was a disturbance of a rightful possessio, gave 
 the rightful possessor a title to have the Interdict 
 de clandestina possessione for the recovery of his 
 possession. All traces of this interdict are nearly 
 lost ; but its existence seems probable, and it must 
 have had some resemblance to the Interdictmn do 
 vi. The exceptio clandestinae possessionis was 
 quite a different tiling, inasmuch as a clandestina 
 possessio did not necessarily suppose the lawful 
 possession of another party. 
 
 The Interdictum de Precaria possessione or de 
 Precario applied to a case of Precarium. It is Pre- 
 cariuni when a man permits another to exercise 
 ownership over his property, but retains the right 
 of demanding the property back when he pleases. 
 It is called Precarium because the person who 
 received such permission usually obtained it by 
 request (^pivce) ; though request was not neces- 
 sary to constitute Precarium, for it might arise 
 by tacit [iennission. (Paulus, S. It. v. tit. (i. 
 s. 11.) The person who received the detention of 
 the thing, obtained at the same time a legal posses- 
 sion, unless provision to the contrarj' was made by 
 agreement. In either case the permission could at 
 any time be recalled, and the possessio, which in 
 its origin was justa, became injusta, vitiosa, as 
 soon as restitution was refused. Restitution could 
 be claimed by the Interdictum de Precario, pre- 
 cisely as in the case of Vis ; and the sole founda- 
 tion of the right to this Interdict was a vitiosa 
 possessio, as just explained. The Precarium was 
 never viewed as a matter of contract. The Inter- 
 dictum de precario originally applied to land only, 
 but it was subsequently extended to movable 
 things. The obligation imposed by the Edict was 
 to restore the thing, but not its value, in case it 
 was lost, unless dolus or lata culpa could be proved 
 against the defendant. [Culpa.] But from the 
 time that the demand is made against the defend- 
 ant, he is in mora, and, as in the case of the 
 other Interdicts, he is answerable for all culpa, and 
 for the fruits or profits of the thing ; and generally, 
 he is bound to place the plaintiff in the condition 
 in which he would have been, if there had been no 
 refusal. No exceptions were allowed in the case 
 of a Precarium. 
 
 The origin of the Precarium is referred by 
 Savigny to the relation which subsisted between a 
 patronus and his clieiis, to whom the patronus gave 
 the use of a portion of the ager publicus. If the 
 cliens refused to restore the land upon demand, the 
 patronus was entitled to the Interdictum de pre- 
 cario. As the relation between the patronus and 
 the cliens was analogous to that between a parent 
 and his child, it followed that there was no contract 
 between them, and the patron's right to demand the 
 land back was a necessary consequence of the relation 
 between him and his cliens. (Festus, s.v. I'atres.) 
 The precarium did not fall into disuse when the 
 old ager publicus ceased to exist, and in this respect 
 
 it followed the doctrine of possessio generally. 
 [AriiiAKiAB LmiKS.J It was in fact extended 
 and applied to other tilings, and, among them, to 
 the case of pledge. [PioNUS.] 
 
 Gains (iv. 150') makes a third division of In- 
 terdicta into Simplicia and Duplicia. Simplicia 
 are those in which one person is the plaintiff 
 (actor), and the other is the defendant (reus) : all 
 Kestitutoria and Exhibitoria Interdicta are of this 
 kind. Prohibitoria IiiterdictJi are either Simplicia 
 or Duplicia : they arc Simplicia in such cases as 
 those, when the praetor forbids anything to be 
 done in a locus sacer, in a flumen publicum, or on 
 a ripa. They are Duplicia as in the case of the 
 Interdictum uti Possidetis and Utrubi ; and they 
 are so called, says Gains, because each of the liti- 
 gant parties may be indifferently considered as 
 actor or reus, as appears from the terms of the 
 Interdict. (Gains, iv. 160.) 
 
 Interdicta seem to have been also called Duplicia 
 in respect of their being applicable both to the ac- 
 quisition of a possession which had not been had 
 before, and also to the recovery of a possession. 
 An Interdict of this class was granted in the case 
 of a vindicatio, or action as to a piece of land 
 against a possessor who did not defend his pos- 
 session, as, for instance, when he did not submit 
 to a judicium and give the proper sponsiones or 
 satisdationes. A similar interdict was granted in 
 the case of a vindicatio of an hereditas and a 
 ususfructus. Proper security was always required 
 from the person in possession, in the case of an in 
 rem actio, in order to secure the plaintiff against any 
 loss or injury that the property might sustain 
 while it was in the possession of the defendant. If 
 the defendant refused to give such security he lost 
 the possessio, which was transferred to the plaintiff' 
 {pelitur). (Rudorff, Uclmr das Interdict Qiieni 
 I'undum, Sic, Zeitschrift, vol. ix.) 
 
 (For other matters relating to the Interdict sec 
 Gains, iv. 1 38—170 ; Paulus, S. It. v. tit. 6; Dig. 
 43 ; Savigny, Das Rcckt dcs Bcsitzcs, p. 403 — 
 51(J ; Savigny and Ilaubold, Zeitschrift, vol. iii. 
 p. 305. 358.) [G. L.] 
 
 INTEREST OF MONEY. Under this head 
 it is proposed to give an account of the conditions 
 upon which money was lent amongst the Greeks 
 and Romans. 
 
 I.Greek Interest. At Athens, Solon, amongst 
 other reforms, abolished the law by which a creditor 
 was empowered to sell or enslave a debtor, and 
 prohibited the lending of money upon a person's 
 own body (cttI toij au>iJ.acn ix-tfiiva Zauti^uv, 
 Plut. Sol. c. 15). No other restriction, we are 
 told, was introduced by him, and the rate of in- 
 terest was left to the discretion of the lender (to 
 dpyvpiov (jTaaifiov elvai t<j)' oTroira ac fiovh.r)Tai 
 6 Soj'eifwi', Lys. in Tlwom. 117). The only case 
 in which the rate was prescribed by law, was in 
 the event of a man separating from his lawful 
 wife, and not refunding the dowry he had received 
 with her. Her tnistees or guardians (oi Kupioi) 
 could in that case proceed against him for the 
 principal, with lawful interest at the rate of 18 
 per cent. [Dos (Greek).] 
 
 Any rate might be expressed or represented in 
 two different ways : (1.) by the number of oboli 
 or drachmae paid by the month for every mina : 
 (2) by the part of the principal (to apx<^^ov or 
 KiipaKaiov) paid as interest either annually or for 
 the whole period of the loan. According to the 
 
524 INTEREST OF MONEY. 
 
 INTEREST OF MONEY. 
 
 former method, which was generally used when 
 money was lent upon real security (tokoi eyyvoi 
 or 677€ioi), different rates were exjjressed as fol- 
 lows : — 10 per cent, by 67r! irei'Te oSoKois, i.e. 
 5 obeli per month for every mina, or 60 oboli a 
 year=10 drachmae rz-Jj of a mina. Similarly, 
 12 per cent, by ftrl SpaxMy) per month. 
 16 per cent. ,, dKrw dSoKots ,, 
 18 per cent. „ iir tvuia dSoXois „ 
 24 per cent. „ eiri Sval Spax/J.a.'iS „ 
 36 per cent. „ M rpia-l SpaxfJ-cus „ 
 
 5 per cent. „ €7ri rp'n(f> •!)^io6oAi'y,probably. 
 (2.) Another method was generally adopted in 
 cases of bottomry, where money was lent upon the 
 ship's cargo or freightage (eVi tsu vavXw), or the 
 ship itself, for a specified time, commonly that of 
 the voyage. By this method the following rates 
 were thus represented : — ■ 
 
 10 per cent, by t6koi iiriSeKaToi, i.p. interest at 
 the rate of a tenth ; 12^, 16|, 20, 33^, by toVoi 
 eiroySooi, e(peKTOi, iTriireixnToi, and kir'irpnoi, re- 
 spectively. So that, as Biickh (Po/. Econ. of 
 Athens, i. p. 160) remarks, the tokos eiriSe/caros 
 is equal to the €7r! irivre 6§o\o7s : 
 the TOKOS indySoos = the etti SpaxMP nearly. 
 „ „ ((peKTOs — ,, iir oktu oSoKoh „ 
 „ „ eu'iTrenTTTOS— ,, ivvia dSoKots „ 
 „ „ fv'npiros — ,, kirX Tpia\ Spaxp-cus ,, 
 
 These nearly corresponding expressions are not 
 to be considered as identical, however closely the 
 rates indicated by thera may approach each other 
 in value ; although in the age of Justinian, as 
 Salmasius {de M. U.) observes, the t6kos firoyioos 
 or 12^ per cent, was confounded with the 
 centesimac, which is exactly equal to the interest at 
 a drachma or 1 2 per cent. 
 
 The rates, above explained, frequently occur in 
 the orators ; the lowest in ordinary use at Athens 
 being the t6kos eiriSeKaTos or 10 per cent., the 
 highest the to'kos iirirpiTos or 335- per cent. The 
 latter, however, was chiefly confined to cases of 
 bottomry, and denotes more than it appears to do, 
 as the time of a ship's voyage was generally less 
 than a year. Its near equivalent, the €7ri rpiol 
 Spaxp-ois or 36 per cent., was sometimes exacted 
 by bankers at Athens. (Lj^s. Frag. B.) The 
 €irl SpaxfJ-v, or rate of 12 per cent., was common 
 in the time of Demosthenes {c Ajih. 820. 16), but 
 appears to have been thought low. The interest 
 of eight oboli or 1 6 per cent, occurs in that orator < 
 (c. Nifos. p. 12.'>0. 18); and even in the age of 
 Lysias (b. c. 440) and Isaeus (b. c.400), nine 
 oboli for the mina, or 1 8 per cent., appears to have 
 been a common rate. (Isaeus, <lc ILnjn. Hered. 
 p. 293.) Aeschines also (e. Tiintirr. ]t. 15) speaks 
 of money being borrowed on the saiiie terms ; so 
 that on tiie whole we maj concluiU', that the usual 
 rates of interest at Athens about the time of De- 
 mosthenes varied from 12 to 18 per cent. That 
 they were nearly the same in range, and similarly 
 expressed, throughout the rest of Greece, ap- 
 pears from the authorities quoted by Biickh (i. 
 176). No conclusions on the subject of the 
 general rate of interest can be di'awn from what 
 we are told of the exorbitant rates exacted by 
 common usurers {roKoyXicpoi, iucidUimes, riix^po- 
 Saveiarai). Some of these (Tlieophr. Ciuiraci. G) 
 exacted as much as an obolus and a half per day 
 for each drachma ; and monej'-lenders and bankers 
 in general, from the high profits which they 
 realised, and the severity with which they exacted 
 
 their dues, seem to have been as unpopular amongst 
 their fellow-citizens as Jews and usurers in more 
 modern times. Demosthenes {i: Pant. p. 081), 
 indeed, intimates that the fact of a man being a 
 monej'-lender was enough to prejudice him, even 
 in a court of law, amongst the Atiienians. (Miaou- 
 (Tiv ol 'ABr^vaiot roOs Savfi^ovTas.) It is curious 
 also to observe that Aristotle {Pul. i. 3. § 23) 
 objects, on principle, to juitting money out at 
 interest {fvKoyourara juio'eiToi ^ oSoKoaraTiKi'i'), 
 as being a perversion of it from its proper use, as 
 a medium of exchange, to an unnatural purpose, 
 viz. the reproduction or increase of itself ; whence, 
 he adds, comes the name of interest or t6kos, as 
 being the offspring (to yiyvofievov) of a parent 
 like itself. 
 
 The arrangement of a loan would of course de- 
 pend upon the relation between the borrower and 
 the lender, and the confidence placed by one in the 
 other. Sometimes money was lent, e. g. by the 
 banker Pasion at Athens, without a security, or 
 written bond, or witnesses. (Demosth. c. Thiwth. 
 14.) But generally either a simple acknow- 
 ledgment (xf:ipoypo-'pov) was given by the bor- 
 rower to the lender [CuiROGR.^rHUM] ; or a 
 regidar instrument {avyypaipri), executed by both 
 parties and attested by witnesses, was deposited 
 with a third party, usually a banker. (Demosth. c. 
 £<«■/•. p. 927 ; c. Phor. !)08. 22.) Witnesses, as 
 we might expect, were also present at the payment 
 of the money borrowed. (Id. c. Phor. 915. 27.) 
 The security for a loan was either a iiroBriiat or 
 an ivexvpov : the latter was put into the posses- 
 sion of the lender, the fonner was merely assured 
 to him, and generally, though not always, consisted 
 of real or immovable property. The ecexupa. on 
 the contrary, generally consisted of movable pro- 
 perty, such as goods or slaves. (Biickh, i. p. 172 ; 
 Wachsmuth, 11. i. p. 225.) At Athens, when 
 land was given as security, or mortgaged (ou(Ti'o 
 UTToxpecDs), pillars (opoi or o'T^Aai) were set upon 
 it, with the debt and the mortgagee's name in- 
 scribed. Hence an unincumbered estate was 
 called an ao'TiKToj' x'^f ''-""- (Harp. s. r.) ["OPOI.] 
 In the rest of Greece there were public books of 
 debt, like the German and Scotch registers of 
 mortgages ; but they are not mentioned as having 
 existed at Athens. (Biickh, i. p. 172.) 
 
 BottomiT (t3 vavTiKov, rdKoi vavriKol, or 
 < 6/c5o(ns) was considered a matter of so much im- 
 portance at Athens, that fraud or breach of contract 
 in transactions connected with it was sometimes 
 punished with death. (Demosth. c. Phorm. 922. 3.) 
 In these cases the loans were generally made upon 
 the cargo shipped, sometimes on the vessel itself, 
 and sometimes on the money received or due for 
 passengers and freightage (ctt! vav\a,). The 
 principal (e/cSoffis, olovel l|co S6ais, Harp.) as well 
 as the interest, could only be recovered in case the 
 ship met with no disaster in her voyage (trwdeinris 
 Trjs vews, Demosth. c. Zenuth. p. 883. 16); a clause 
 to this effect being generally inserted in all agree- 
 ments of bottomry or vavTiKal (rvyypa(f)ai. The 
 additional risk incurred in loans of tliis description 
 was compensated for by a high rate of interest, 
 and the lenders took every precaution against 
 negligence or deception on the part of the bor- 
 rowers ; the latter also were careful to have wit- 
 nesses present when the cargo was put on board, 
 for the purpose of deposing, if necessary, to a 
 l/ona fide shipping of the required amount of goods. 
 
INTEREST OF MONEY. 
 
 INTEREST OF MONEY. 525 
 
 (Demosth. c. Pltor. 915. 13.) The loan itself was 
 oitluT a Sdveicrfxa iTepoirKouv, i. c. for a voyage 
 nut, or it was a SdveifTtJ.a diJ.(poTfp6ir\ovy, i. e. for 
 a voyage out and home. In the fonner case the 
 principal and interest were paid at the place of 
 destination, eitlier to the creditor himself, if he 
 sailed in the ship, or to an authorised agent. (De- 
 mosth. c. Phor. 909.24, and 914.28.) In the 
 latter case the payment was made on tlie return of 
 the ship, and it was specially provided in the 
 agreement between the contracting parties, that 
 she should sail to some specified places only. A 
 deviation from the tenns of the agreement, in this 
 or other respects, was, according to a clause usually 
 inserted in the agreement, punishable by a fine of 
 twice the amount of the money lent. (Demosth. 
 c. Diiinys. 1294.) Moreover, if the goods which 
 fonucd the original security were sold, fresh 
 articles of the same value were to be shipped in 
 their place. (Demosth. c. P/iarm. 909. 2G.) Some- 
 times also the trader (o iixKopos) was himself the 
 owner of the vessel (o' vaiiK^Ttpos), which in that 
 case might serve as a security for the money bor- 
 rowed. (Id. c. Diunys. 1284. 11.) 
 
 Tlie rate of interest would of course vary with 
 the risks and duration of the voyage, and there- 
 fore we cannot expect to find that it was at all 
 fixed. Xenophon (Ilepl nrfpwj',iii. 7 — 14) speaks of 
 the fifth and third parts of the capital lent as being 
 connnonly given in bottonny, referring of course to 
 voyages out and home. The interest of an eighth 
 or 12| per cent., mentioned by Demosthenes (c. 
 Pohid. 1212), was for money lent on a trireme, 
 during a passage from Sestos to Athens, but upon 
 condition that she should first go to Hierum 
 to convoy vessels laden with com ; the principal 
 and interest were to be paid at Athens on her 
 arrival there. (Riickh, i. p. 181.) 
 
 The best illustration of the facts mentioned 
 above, is found in a vavriK-ri avyypaipri, given in 
 the speech of Demosthenes against Lacritus. It 
 contains the following statement and conditions. 
 
 Two Athenians lent two Phaselitims 3000 
 drachmae upon a cargo of 3000 casks of Mendean 
 wine, on which the latter were not to owe any- 
 thing else, or raise any additional loan (oi)S' eiri- 
 Savdffourat). They were to sail from Athens to 
 Mende or Scionc, where the wine was to be ship- 
 ped, and thence to the Bosponis, with liberty, if 
 they preferred it, to continue their voyage on the 
 left side of the Black Sea as far as the Borys- 
 thenes, and then to return to Athens ; the rate of 
 interest being fixed at 225 drachmae in 1000, or 25 
 per cent, for the whole time of absence. If, however, 
 they did not return to Hicnmi, a port in Bithjniia 
 close to the Thracian Bosporus (Wolf, ad Lcj>t. p. 
 259 ), before the early rising of Ai'cturus, i. c. before 
 the 20th of September or thereabouts, when navi- 
 gation began to be dangerous, they had to pay a 
 higher rate of 30 per cent, on account of the ad- 
 ditional risk. (The agreement further specified 
 that there should be no change of vessel for the 
 return cargo, and that if it arrived safe at Athens, 
 the loan was to be repaid within twenty days 
 afterwards, without any deductions except for loss 
 by payments made to enemies, and for jettisons 
 (ecTcAes TrAiii' iKSoKijs. k. t. A.) made with the 
 consent of all on board (oi avfjmKoi) ; that tUl the 
 money was repaid, the goods pledged (to utto- - 
 Kelfj.eva) should be under the control of the 
 lenders, and be sold by them, if payment was not 
 
 made within the appointed time ; that if the sale 
 of the goods did not realise the required amount, 
 the lender might raise the remainder by making a 
 levy (7rpo|is) upon the property of both or either 
 of the traders, just as if they had been cast in a 
 suit, and became uirepTj/tepoi, i. e. had not complied 
 with a judgment given against thera within the 
 time appointed. Another clause in the agreement 
 provides for the contingency of their not entering 
 the Pontus ; in that case they were to remain in 
 the Hellespont, at the end of Jul}', for ten days 
 after the early rising of the dog-star (evrl kvv(), 
 discharge their cargo ((^e\ea0ai) in some place 
 where the Athenians liad no right of reprisals 
 ('oirov av fxr\ (TvKai cSffi rois 'ABrjuaiots), (which 
 might be executed unfairly, and woiJd lead to 
 retaliations,) and then, on their return to Athens, 
 they were to pay the lower rate of interest, or 25 
 per cent. Lastly, if the vessel were to be wrecked, 
 the cargo was, if possible, to be saved ; and the 
 agreement was to be conclusive on all points. 
 
 From the preceding investigation, it appears 
 that the rate of interest amongst the ancient 
 Greeks was higher than in modern Europe, and at 
 Rome in the age of Cicero. (Biickh, i. p. 167.) This 
 high rate does not appear to have been caused by 
 any scarcity of money, for the rent of land and 
 houses in Athens and its neighbourhood was 
 not at all proportional to it. Thus Isaeus (tie 
 Hugn. Hcred. 88) says that a house at Thriae was 
 let for only 8 per cent, of its value, and some 
 houses at Melite and Eleusis for a fraction more. 
 We should therefore rather refer it to a low state 
 of credit, occasioned by a variety of causes, such 
 as the division of Greece into a number of petty 
 states, and the constitution and regulation of the 
 courts of law, which do not seem to have been at 
 all favourable to money-lenders in enforcing their 
 rights. Bockh assigns as an additional cause " the 
 want of moral principles." 
 
 II. Roman Interest. The Latin word for 
 interest, firms or focmis, originally meant any in- 
 crease, and was thence applied, like the Greek 
 TOKOS, to denote the interest or increase of money. 
 " Fenus," says Varro (upud GcU. xvi. 12), " dic- 
 tum a fetu et quasi a fetura quadam pecuniae 
 parientis atque increscentis." The same root is 
 found in fecundus. Fenus was also used for the 
 principal as well as the interest. (Tacit. Ann. vi. 
 17; xiv. 53.) Another term for interest was 
 usurae, generally found in the plural, and also 
 impendium, on which Varro {ilc Liiuj. JmI. v. 183. 
 MiiUer) remarks, " a quo (jmndei'e) usura quod in 
 sorte accedebat, impendium appellatum." 
 
 Towards the close of the republic, the interest 
 of money became due on the first of every month : 
 hence the phrases tristes or celeres calendae and 
 calendarium, the latter meaning a debt-book or 
 book of accounts. The rate of interest was ex- 
 pressed in the time of Cicero, and afterwards, by 
 means of the as and its divisions, according to the 
 foUo-\ving table : — 
 
 Asses usurae, or one as per month 
 
 for the use of one hundred 1 2 per cent. 
 
 Deunces usurae 11 „ 
 
 Dextantes „ 10 „ 
 
 Dodrantes „ 9 „ 
 
 Besses ,, 8 ,, 
 
 Septunces „ 7 „ 
 
 Semisses ,, 6 „ 
 
 Quincunces ,, 5 „ 
 
52G INTEREST OF MONEY. 
 
 INTEREST OF MONEY. 
 
 Tricntes iisiirae — 4 per cent. 
 
 Quadrantes „ 3 „ 
 
 Sextantes „ 2 „ 
 
 Unciae „ 1 „ 
 
 Instead of the phrase asses usurae, a synonyme 
 ■was used, viz. centesimae usurae, inasmuch as at 
 this rate of interest there was paid in a hundred 
 months a sum equal to the whole principal. Hence 
 binae centesimae =r 24 per cent., and quateniae 
 centesimae =48 percent. So also in the line of 
 Horace {Sat. I. ii. 14), "Quinas hie capiti merccdes 
 exsecat," we must understand quinas centesimas, 
 or 60 per cent., as the sum taken from the capital. 
 Nicbuhr (Hist, of Rom. iii. p. G4) is of opinion 
 that the monthly rate of the centesimae was of 
 foreign origin, and first adopted at Rome in the 
 time of SuUa. The old yearly rate established by 
 the Twelve Tables (b. c. 450) was the unciarium 
 fenus. This has been variously intei-preted to 
 mean, (1) one-twelfth of the ccntesima paid 
 monthly, i. e. one per cent, per annum ; and ("2) 
 one-twelfth of the principal paid monthly, or a 
 hundred per cent, per annum. Nicbulir (/. c.) 
 refutes at length the two opinions ; but it may 
 be sufficient to obsers-e that one is inconsistent 
 with common sense, and the other with the 
 early history of the republic. A third and 
 satisfactory opinion is as follows : — The imcia 
 was the twelfth part of the as, and since the 
 full (12 oz.) copper coinage was still in use at 
 Rome when the Twelve Tables became law, the 
 phrase unciarium fenus would be a natural expres- 
 sion for interest of one; ounce in the pound ; i. c. a 
 twelfth part of the sum borrowed, or 8J per cent., 
 not per month, but per j'car. This rate, if calcu- 
 lated for the old Roman year of ten months, woidd 
 give 10 per cent, for the civil year of twelve 
 months, which was in common use in the time of 
 the decemvirs. The analogy of the Greek terms 
 t6kos, eTTirpiTos, &c., confirms this view, which, as 
 Niebuhr observ'es, is not invalidated by the ad- 
 mission, that it supposes a yearly and not a 
 monthly payment of interest ; for though in the 
 later times of the republic interest became due 
 every month, there is no trace of this having been 
 the case formerly. (Rein, R'omische Priratreclit, 
 p. 304.) Nor is it difficult to account for the 
 change : it probably was connected with the modi- 
 fications made from time to time in the Roman 
 law of debtor and creditor (such as the abolition of 
 personal slavery for debt), the natural effect of 
 wliich would be to make creditors more scnipulous 
 in lending money, and more vigilant in exacting 
 the interest due upon it. 
 
 If a debtor could not pay the principal and in- 
 terest at the end of the year, he used to borrow 
 money from a fresh creditor, to pay ofl' his old 
 debt. This proceeding was very frequent, and 
 called a versura" (compare Ter. I'horni. v.ii. KJ), 
 a word which Festus {s.v.) thus explains : " Versu- 
 rara facere, mutuam pecuniam sumere, ex eo dictum 
 est, quod initio qui mutuabantur ab aliis, ut aliis 
 solverent, velut verterent creditorem." It 
 amounted to little short of paying compound in- 
 terest, or an Anatocismus anniversarius, another 
 phrase for which was usurae renovatae ; e. y. cen- 
 tesimae renovatae is twelve per cent, compound 
 interest, to which Cicero [ad Att. v. 21) opposes 
 centesimae perpetuo fenore~12 per cent, simple 
 interest. The following ])hrases are of common 
 occurrence in connection with borrowing and lend- 
 
 ing money at interest : — " Pecuniam apud aliquem 
 collocare," to lend money at interest ; " relegere," 
 to call it in again ; " cavere," to give security for 
 it ; " opponere " or " opponere pignori," to give as 
 a pledge or mortgage : hence the pun in Catullus 
 {Cur. 26), 
 
 " Furi, villula nostra non ad Austri 
 
 Flatus opposita est, nec ad Favoni : 
 
 Vcrum ad millia quindecim et ducentos. 
 
 0 ventum horribileni atque pestilentem." 
 The word nomen is also of extensive use in money 
 transactions. Properly it denoted the name of a 
 debtor, registered in a banker's or any other ac- 
 coinit-book : hence it came to signify the articles 
 of an account, a debtor, or a debt itself. Thus we 
 have " bonum nomen," a good debt ; " nomina 
 facere," to lend monies (Cic. ad Fam. vii. 23), and 
 also to borrow money (Id. de Off. iii. 14). More- 
 over, the Romans generally discharged debts 
 through the agency of a banker {iti foro et de 
 mensac scripiura) rather than by a direct personal 
 payment {ca; area domoqiie) ; and as an order or 
 undertaking for pajment was given by writing 
 down the sum to be paid, with the receiver's name 
 underneath or alongside it (see Demosth. c. Callip. 
 1230"), hence came the phrases " scribere nummos 
 alicui," to promise to pay (Plant. Asi/i. ii. iv. 34); 
 " rescribere," to pay back, of a debtor (Ter. P/ior. v. 
 vii. 2y). So also " perscriberc," to give a bill or 
 draft {per.ieri])lio) on a banker for payment, in op- 
 position to payment by ready money. (Cic. ad Att. 
 xii. .51 ; xvi. 2.) 
 
 The Roman law of debtor and creditor is given 
 under Ne.xi. It is sufficient to remark here that 
 the Licinian laws [Liciniae Leges], by which 
 the grievances of debtors were to a certain extent 
 redressed, did not lay any restriction on the rate 
 of interest that might be legally demanded ; and 
 it is clear from various circumstances (Niebuhr, ii. 
 p. 603) that the scarcity of money at Rome after 
 the taking of the city by the Gauls had either led 
 to the actual abolition of the old uncial rate 
 {uneiarium fenus) of the Twelve Tables, or 
 caused it to fall into disuse. Nine years, however, 
 after the passing of these laws (Liv. vii. 16) the 
 rate of the Twelve Tables was re-established, and 
 any higher rate prohibited by tlie bill {ruyatio) of 
 the tribunes Duilius and Maenius. 
 
 Still this limitation of the rate of interest did 
 not enable debtors to pay the principal, and what 
 Tacitus {Aiin.y'i. 1 6) calls the "fenebre malum " lie- 
 carae at last so serious that the govennnent thought 
 it necessary to interfere, and remedy, if possible, an 
 evil 80 great and inveterate. Accordingly, four- 
 teen years after the passing of the Licinian laws, 
 five commissioners were appointed for this purpose 
 under the title of mensarii or liankcrs. These 
 opened their banks in the foriun, and in the name 
 of the treasury offered ready money to any debtor 
 wlio could give security {eavere) to the state for it : 
 moreover, tiiey ordered that land and cattle should 
 be received in payment of debts at a fair valuation, 
 a regulation which Caesar adopted for a similar 
 purpose. (Suet. Jul. Cues. 42.) By these means, 
 Livy (vii. 21) teUs us that a great ajnount of debt 
 was satisfactorily liquidated. Five years after- 
 wards, the legal rate of interest was still further 
 lowered to the " semunciarium fenus," or the 
 twenty-fourth part of the whole sum {ud seimmeias 
 redacta nstira, Tac. Ami. vi. 16) ; and in n. c. 346 
 we read of several usurers being punished for a 
 
INTERPRES. 
 
 INTERREX. 
 
 527 
 
 yiolation of the law (Liv. vii. 28), by which they 
 were subjected to a penalty of four times the 
 amount of the loan. (Cato, <ie lie Rust, init.) But 
 all these enactments were merely palliatives ; the 
 tennination and cure of the evil was something 
 more decisive — neither more nor less than a 
 species of national bankniptcy — a general abolition 
 of debts or XP^^" "■'"oKoif/i. (Niebuhr, iii. p. 77.) 
 This happened in B. c. 341, a year remarkable for 
 political changes of great importance, and was fol- 
 lowed up by the passing of the Genucian laws, 
 which forbade the taking of usury altogether. (Liv. 
 vii. 42.) A law like this, however, was sure to be 
 evaded, and there was a very simple way of doing 
 BO ; it only aifected Roman citizens, and therefore 
 the usurers granted loans, not in the name of them- 
 selves, but of the Latins and allies who were not 
 bound by it. (Liv. xxxv. 7.) To prevent this eva- 
 sion the Sempronian law was passed (b. c. 194), 
 which placed the Latins and allies on the same 
 footing in respect of lending money as the full Ro- 
 man citizens. At last, after many futile attempts 
 to prevent the exaction of interest at any rate, and 
 in any shape, the idea was abandoned altogether, 
 and the centesima or 12 per cent, per annum be- 
 came the legal and recognised rate. Niebuhr (iii. 
 p. 64), as we have already observed, is of opinion that 
 it was first adopted at Ilorae in the time of Sulla ; 
 but whether it became the legal rate by any special 
 enactment, or from general consent, does not ap- 
 pear. Some writers have infeiTcd (Heinecc. iii. 
 1.5) that it was first legalised by the edicts of the 
 city praetors, an inference drawn from the general 
 resemblance between the praetorian and procon- 
 sular edicts, coupled with the fact that some pro- 
 consular edicts are extant, by which the centesima 
 is fixed as the legal rate in proconsular provinces. 
 (/« cAicto tnilaticio centesunas me observabirum 
 /laLui, Cic. ad Att. v. 21.) Whether this supposi- 
 tion is true or not, it is admitted that the centesima 
 or 12 per cent, was the legal rate towards the 
 close of the republic, and also luider the emperors. 
 Justinian reduced it to 6 per cent. (Heinec.iii. 10.) 
 
 In cases of fenus nauticum, however, or bot- 
 tomry, as the risk was the money-lender's, he 
 might demand any interest he liked while the 
 vessel on which the money was lent was at sea ; 
 but after she reached harbour, and while she was 
 there, no more than the usual rate of 12 per cent, 
 on the centesima could be demanded. 
 
 Justinian made it the legal rate for fenus nauti- 
 cimi under aU circumstances. (Ileinec. /. c.) 
 
 [R. W— N.] 
 INTERPRES, an interpreter. This class of 
 persons became very numerous and necessary to 
 the Romans as their empire extended. Embassies 
 from foreign nations to Rome, and from Rome 
 to other states, were generally accompanied by 
 interpreters to explain the objects of the embassy 
 to the respective authorities. (Cic. Dc Dirinnt. ii. 
 64 ; De Finib. v. 29 ; Plin. H. N. xxv. 2 ; Gell. 
 xvii. 17. 2 ; Liv. xxvii. 43.) In large meramtile 
 towns the interpreters, who formed a kind of 
 agents through whom business was done, were 
 sometimes very numerous, and Pliny (//. A'^ vi. 
 5) states that at Dioscurias in Colchis, there were 
 at one time no less than 1 30 persons who acted as 
 interpreters to the Roman merchants, and through 
 whom all their business was carried on. 
 
 All Roman praetors, proconsuls, and quaestors, 
 who were entrusted with the administration of a 
 
 province, had to carry on all their official proceed- 
 ings in the Latin language (Val. Max. ii. 2. g 2), 
 and as they could not be expected to be acquainted 
 with the language of the provincials, they had 
 always among their servants [Apparitores] one 
 or more interpreters, who were generally Romans, 
 but in most cases undoubtedly freedmen. (Cic. pro 
 Dalh. 11.) These interpreters had not only to 
 officiate at the conventus [Conventu.s], but also 
 explained to the Roman governor everything which 
 the provincials might wish to be laid before him. 
 (Cic. c. Ven: iii. 37 ; ad Fam. xiii. 54 ; Caes. Bell. 
 Gall. i. 19 ; compare Dirksen, Civil. Abhandl. i. p. 
 IG, &c.) [L.S.] 
 INTERREGNUM. [Interrex.] 
 INTERREX. This office is said to have been 
 instituted on the death of Romulus, when the 
 senate wished to share the sovereign power among 
 themselves instead of electing a king. For this 
 purpose, according to Livy (i. 17), the senate, 
 which then consisted of one hundred members, was 
 divided into ten decuries ; and from each of these 
 decuries one senator was nominated. These to- 
 gether formed a board of ten, with the title of //,- 
 terrcgcs, each of whom enjoyed in succession the 
 regal power and its badges for five days ; and if no 
 king was appointed at the expiration of fifty days, 
 the rotation began anew. The period durin" 
 which they exercised their power was called an 
 Inkrreyiium. Dionysius (ii. 57) and Plutarch 
 {Numa, 2) give a diiferent account of the matter; 
 but that of Li^T- appears the most probable. 
 Niebuhr {Hist, of Rome, i. p. 334; ii. p. Ill) sup- 
 poses that the first interreges were exclusively 
 Ramnes, and that they were the Decern Primi, or 
 ten leading senators, of whom the first was chief of 
 tlie whole senate. (Compare Walter, Gesch. des 
 R'6m. Redds, p. 22.) 
 
 The interreges agreed among themselves who 
 should be proposed as king (Dionys. iv. 40. 80), 
 and if the senate approved of their choice, they 
 summoned the assembly of the curiae, and pro- 
 posed the person whom they had previously agi-eed 
 upon ; the power of the curiae was confined to ac- 
 cepting or rejecting him. The choice of the senate 
 was called patrum auct.oritas (Cic. de Rep. ii. 13; 
 Liv. i. 22) ; the putting of his acceptance or re- 
 jection to the vote in the curiae, m/are (Cic. de Rep. 
 ii. 17); and the decree of the curiae on the subject, 
 jussiis populi (Id. ii. 13. 21 ; Liv. i. 22). 
 
 Interreges were appointed under the republic for 
 holding the comitia for the election of the consuls, 
 when the consuls, through civil commotions or 
 other causes, had been unable to do so in their 
 year of office. (Dionys. viii. 90; Liv. iv. 43, &c.) 
 Each held the office for only five days, as under 
 the kings. The comitia were hardly ever held by 
 the first interrex ; more usually by tlie second or 
 third (Liv. ix. 7 ; x. 11 ; v. 31); but in one in- 
 stance we read of an eleventh, and in another of a 
 fourteenth interrex. (Liv. vii. 22; viii. 2.3.) The 
 comitia for electing the first consuls were lield by 
 Spurius Lucretius as interrex (Dionys. iv. 84), 
 whom Livy (i. CO) calls also praefeetus tirbis. The 
 interreges under the republic, at least from 
 B. c. 482, were elected by the senate fi-om the 
 whole body, and were not confined to the decem 
 primi or ten chief senators as under the kings. 
 (Dionys. viii. 90.) Plebeians, however, were not 
 admissible to this office ; and consequently when 
 plebeians were admitted into the senate, the patri- 
 
528 ISTHMIAN GAMES. 
 
 ISTHMIAN GAMES. 
 
 cian senators met without the plebeian members to 
 elect an interrex. (Liv. iv. 43 ; vi. 41 ; Cic. pro 
 Domo, 14; Niebuhr, ii. p. 429; Walter, p. fJO. 
 99.) For this reason, as well as on account of the 
 influence which the interrex exerted in the elec- 
 tion of the magistrates, we find that the tribunes 
 of the plebs were strongly opposed to the appoint- 
 ment of an intcn'ex. (Liv. iv. 43 ; xxii. 34.) The 
 interrex had jurisdictio. (Liv. x. 4L 9 ; Niebuhr, 
 iii. p. 28.) 
 
 Interreges continued to be appointed occasionally 
 till the time of the second Punic war (Liv. xxii. 
 33,34) ; but after that time we read of no interrex, 
 till the senate, by command of Sidla, created an 
 interrex to hold the comitia for his election as Dic- 
 tator, B. c. 82. (Appian, Bell. Civ. i. 98.) In B. c. 
 55 another interrex was appointed to hold the 
 comitia, in wliich Pompey and Crassus were elect- 
 ed consuls (Dion Cass, xxxix. 27. 31); and we 
 also read of interreges in B. c. 53 and 52, in the 
 latter of which years an interrex held the comitia, 
 in which Pompey was appointed sole consul. 
 (Dion. Cass. xl. 45 ; Ascon. ad Cic. Mil. init. p. 32, 
 Orelli ; Plut. Pompei. 54.) 
 
 INTE'RULA. [Tunica.] 
 
 INTESTA'BILIS. In the Twelve Tables it 
 was declared " qui se sierit test<irier libripensve 
 fuerit, ni testimonium fariatur, iniprobus intesta- 
 bilisque esto." (Dirksen, Ueherficht, &c. p. 007 ; 
 compare Gellius, vi. 7 ; xv. 13.) According to 
 these passages, a person who had been a witness 
 on any solemn occasion, such as the making of a 
 will, and afterwards refused to give his testimony, 
 was " intcstabilis," that is, disqualified from ever 
 being a witness on any other occasion. The word 
 afterwards seems to have had its meaning extend- 
 ed, and to have been used to express one who 
 could not make a will, and who laboured under a 
 general civil incapacity. (Hor. Sat. ii. iii. 181 ; 
 Dig. 28. tit. 1. s. 18. 26 ; Inst. ii. tit 10.) [G. L.] 
 
 INTESTA'TO, HEREDITA'TES AB. 
 [Heres (Roman), p. 475.] 
 
 INTESTA'TUS. [Heres (Roman), p. 475.] 
 
 INVENTA'RIUM. [Heres (Roman), p. 
 478.] 
 
 INVESTIS. [Impubes.] 
 "IPHN. ["'EIPHN.] 
 
 IRPEX, HIRPEX, or URPEX (Cato, ,1,- He 
 Runt. 10), a harrow, used to clear the fields of 
 weeds and to level and break down the soil. 
 (Festus, %: ; Servius in Virg. (Icorr). i. 95.) The 
 harrow of the ancients, like ours, had iron teeth, 
 and was drawn by oxen. (Varro, rfc Linq. Lat. v. 
 31. ed. Spengel.) [J. Y.] 
 
 ISELA'.STICI LUDI. [Athletae, p. 109.] 
 'ISOnOAITEI'A. [CiviTA.'; (Greek), p. 235.] 
 •ISOTE'AEIA, 'ISOTEAErS. [Civitas 
 (Greek), p. 23.5.] 
 
 ISTHMIAN GAMES Clae^'o), one of the 
 four great national festivals of the Greeks. This 
 festival derived its name from the Corinthian isth- 
 mus, where it was held. Where the isthmus is 
 narrowest, between the coast of the Saronic gulf 
 and the western foot of the Oenean hills, was the 
 temple of Poseidon, and near it was a theatre and 
 a stadium of white marble. (Paus. ii. 1. § 7 ; Strab. 
 viii. 6. p. 191) ; compare p. 214. Tauchnitz.) The 
 entrance to the temple was adorned with an avenue 
 of statues of the victors in the Isthmian games, 
 and with groves of pine-trees. These games were 
 said originally to have been instituted by Sisj'phus | 
 
 in honour of Melicertes, who was also called Pa- 
 laemon. (ApoUod. iii. 4. 3; Paus. ii. 1. § 3.) 
 Their original mode of celebration partook, as Plu- 
 tarch (Tlii's. 25) remarks, more of the character of 
 mysteries, than of a great and national assembly 
 with its various amusements, and was performed 
 at night. Subsequent to the age of Theseus the 
 Isthmia were celebrated in honour of Poseidon; 
 and this innovation is ascribed to Theseus himself, 
 who, according to some legends, was a son of Po- 
 seidon, and who, in the institution of the new 
 Isthmian solemnities, is said to have imitated 
 Heracles, the founder of the Olympian games. 
 The celebration of the Isthmia was henceforth con- 
 ducted by the Corinthians, but Theseus had re- 
 served for his Athenians some honourable distinc- 
 tions: those Athenians who attended the Isthmia 
 sailed across the Saronic gulf in a sacred vessel 
 (.^eoipi's), and an honorary place (irpoeSpi'o), as 
 large as the sail of their vessel, was assigned to 
 them during the celebration of the games. (Plut. 
 I. c.) In times of war between the two states a 
 sacred truce was concluded, and the Athenians 
 were invited to attend at the solemnities. (Tliiicyd. 
 viii. 10.) The Eleans did not take part in the 
 games, and various stories were related to account 
 for this singular circumstance. (Paus. v. 2. § 2.) 
 It is a very probal)le conjecture of Wachsmuth 
 {IldU'v. Altvrth. i. 1. p. 227), that the Isthmia, 
 after the changes ascribed to Theseus, were merely 
 a panegyris of the lonians of Peloponnesus and 
 those of Attica ; for it should be observed, that Po- 
 seidon was an Ionian deity, whose worship ap- 
 pears originally to have been unknown to the 
 Dorians. During the reign of the Cypselids at 
 Corinth, the celebration of the Isthmian games was 
 suspended for seventy years. (Solin. c. 12.) But 
 after this time they gradually rose to the rank of a 
 national festival of all the Greeks. In Olymp. 
 49 they became periodical, and were henceforth 
 celebrated regularl}' every third year, twice in 
 every Olympiad, that is, in the first and third 
 year of every (Olympiad. The Isthmia held in the 
 first year of an Olympiad feU in the Corinthian 
 month Panennis (the Attic Hecatombaeon); and 
 those which were held in the third year of an 
 Olympiad, fell either in the month of Munychion 
 or Thargelion. (Corsini, Dissert. Ai/on. 4 ; compare 
 Goeller ad T/itici/d. viii. 9.) Pliny (//. A'^ iv. 5) 
 and Solinus (c. 9) erroneously state that the Isthmia 
 were celebrated every fifth year. With this regu- 
 larity the solemnities continued to be held by the 
 Greeks down to a very late period. In 228 B.C. the 
 Romans were allowed the privilege of taking part in 
 the Isthmia (Polj'b. ii. 13); and it was at this solem- 
 nity that, in 196' B. c. Flaminius proclaimed before 
 an innumerable assembly the independence ofGroece 
 (Polyb. xviii. 29). After the fall of Corinth, in 
 1 46 B. c, the Sicyonians were honoured with the 
 privilege of conducting the Isthmian games ; but 
 when the town of Corinth was rebuilt by J. Caesar 
 (Paus. ii. 1. § 2; ii. 2. § 2), the right of conduct- 
 ing the solemnities was restored to the Corinthians, 
 and it seems that they henceforth continued to be 
 celebrated till Christianity became the st;ite-re- 
 ligion of the Roman empire. (Sueton. Nero, 24 ; 
 Julian Imperat. Epist. 35.) 
 
 The season of the Isthmian solemnities was like 
 that of all the great national festivals distinguished 
 by general rejoicings and feasting. The contests 
 and games of the Isthmia were the same as those 
 
JUDEX. 
 
 at Olympia, and embraced all the varieties of ath- 
 letic performances, such as wrestling, the pancra- 
 tium, together with horse and ch.ariot racing. 
 (Pans. V. 2. § 4 ; Polyb. /. c.) Musical and poet- 
 ical contests were likewise carried on, and in the 
 latter women were also allowed to take part, as 
 we must infer from Plutarch {Si/itipof. v. "2), who, 
 on the authority of Polemo, states that in the trea- 
 sury at Sicyon there was a goklen book which had 
 been presented to it by Aristomache, the poetess, 
 after she had gained the victory at the Istlmiia. 
 At a late period of the Roman empire the charac- 
 ter of the games at the Istlimia appears greatly 
 altered, for in the letter of the emperor Julian, 
 above referred to, it is stated that the Corinthians 
 purchased bears and panthers for the purpose of 
 exhibiting their tights at the Isthniia, and it is not 
 improbable that the custom of introducing fights of 
 animals on this occasion commenced soon after the 
 time of Caesar. 
 
 The prize of a nctor in the Isthmian games con- 
 sisted at first of a garland of pine-leaves, and after- 
 wards of a wreath of ivy; but in the end the ivy 
 was again superseded by a pine-garland. (Plut. 
 Si/mpos. V. 3.) Simple as such a reward was, a 
 victor in these games gained the greatest distinc- 
 tion and honour among his countr^mien ; and a 
 victory not only rendered the individual who ob- 
 tained it, a subject of admiration, but shed lustre 
 over his family and the whole town or community 
 to which he belonged. Hence Solon established 
 by a law that every Athenian who gained the 
 victory at the Isthmian games, should receive from 
 the public treasury a reward of one hundred 
 drachmae. (Plut. Sol. 23.) His victory was gene- 
 rally celebrated in lofty odes, called Epinikia, or 
 triumphal odes, of which we still possess some 
 beautiful specimens among the poems of Pindar. 
 (See Massieu in the Mem. de VAcad. des Inscript. 
 et Bell. Lett. V. p. 214, &c. ; Dissen, De Ratione 
 Poctica Carminum Pindaricorum, prefixed to the 
 first volume of his edition of Pindar, and JMiiller, 
 Hist, of Greek Lit. i. p. 220, &c.) [L. S.] 
 
 ITA'LIA. [CoLONiA, p. 258.] 
 
 ITER. [Servitutes.] 
 
 JUDEX, JUDICIUM. A Roman magistratus 
 generally did not investigate the facts in dispute 
 in such matters as were brought before him : he 
 appointed a Judex for that purpose, and gave him 
 instructions. [Actio.] Accordingly the whole of 
 Civil procedure was expressed by tlie two phrases 
 Jus and Judicium, of which the former compre- 
 hended all that took place before the magistratus 
 {in jure), and the latter all that took place before 
 the judex [in judicio). Originally even the magis- 
 tratus was called Judex, as for instance the consul 
 and praetor (Liv. iii. 55); and under the empire 
 the term Judex often designated the praeses. In 
 the intermediate period it designated a person, 
 whose functions may be generally understood fi:om 
 what follows. 
 
 In many cases a single Judex was appointed : 
 in others, several were appointed, and they seem 
 to have been sometimes called Recuperatores as 
 opposed to the single Judex. (Gains, iv. 104 — 
 ] 09.) Under certain circumstances the Judex was 
 called Arbiter: thus Judex and Arbiter are named 
 together in the Twelve Tables. (Dirksen, Ueber- 
 sieht, &c. p. 725.) 
 
 A Judex when appointed was bound to dis- 
 charge th^ functions of the office, unless he had 
 
 JUDEX. 
 
 S29 
 
 some valid excuse {ejccusaiio). A person might 
 also be disqualified from being a Judex. There 
 were certain seasons of the year when legal busi- 
 ness was done at Rome {cum res agebantur. Gains, 
 ii. 279), and at these times the services of the 
 judices were required. These legal terms were 
 regiibxted according to the seasons, so that there 
 were periods of vacation (Cic. ad Ait. i. 1 ; cum 
 Romae a judiciis forum refri.xerit) : in the pro- 
 vinces, the terms depended on the Conventus. A 
 Judex was liable to a fine if he was not in attend- 
 ance when he was required. In any given case, 
 the litigant parties agreed upon a judex or accept- 
 ed him whom the magistratus proposed. A party 
 had the power of rejecting a proposed judex, 
 though there must have been some limit to this 
 power. (Cic. Pro Cluent. 43.) In cases where one 
 of the litigant parties was a peregrinus, a pere- 
 grinus might be judex. (Gains, iv. 105.) The 
 judex was sworn to discharge his duty faithfully. 
 (Cic. De Inverd. i. 39.) 
 
 When Italy had received its organization from 
 the Romans, the magistratus of the several cities 
 had jurisdictio, and appointed a Judex as the 
 praetor did at Rome (Lex Ruliria de Gallia 
 Cisalpina). In the provinces, the govemoi's ap- 
 pointed a Judex or Recuperatores, as the case 
 might be, at the Conventus which they held for 
 the administration of justice ; and the Judex or 
 Recuperatores were selected both from Roman 
 citizens and natives. 
 
 When the Judex was appointed, the proceed- 
 ings in jure or before the praetor were terminated, 
 which was sometimes expressed by the term Litis 
 Co/deslatio, the phrases Lis Coidestatit and J udicium. 
 acceptu7ii being equivalent in the classical jurists. 
 [Litis Contestatio.] The parties appeared before 
 the Judex on the third day {comperendiimtio), unless 
 the praetor had deferred the judicium for some 
 sufficient reason. The Judex was generally aided 
 by advisers { juriscoiisulti) learned in the law, who 
 were said " in consilio adesse" (Cic. Pro P. 
 Quintio, 2. 6. ; Toji. 17) ; but the Judex alone was 
 empowered to give judginent. The matter was 
 first briefly stated to the Judex {causae conjectio, 
 c^llectio), and the advocates of each party sup- 
 ported his cause in a speech. The evidence seems 
 to have been given at the same time that the 
 speeches were made, and not to have been heard 
 before the advocates made their address. (Cic. 
 Pro Ros. Com. 14 ; Pro P. Quintio, 18.) But it 
 is probable that the practice in this respect might 
 vary in diiferent cases. Witnesses were pro- 
 duced on both sides and examined orallj' ; the 
 witnesses on one side were also cross-examined by 
 the other. (Cic. Pro Caecina, 10 ;Pro Flacco, 10.) 
 Written documents, such as instruments and 
 books of account, Avere also given in evidence ; and 
 sometimes the deposition of an absent witness was 
 read, when it was confirmed by an oath. {Pro 
 Rose. Com. 15.) There were no means of com- 
 pelling a person to give evidence before the legisla- 
 tion of Justinian, unless they were slaves, who in 
 some cases might be put to the torture. 
 
 After all the evidence was given and the advo- 
 cates had finished, the judex gave sentence : if 
 there were several judices, a majority decided. If 
 the matter was one of difficulty, the hearing might 
 be adjourned as often as was necessary (amp/Zaijo); 
 and if the judex could not come to a satisfactory 
 conclusion, he might declare this upon oath and so 
 
530 
 
 JUDEX. 
 
 JUDEX. 
 
 release himself from the difficulty. This was done 
 by the form of words " non liquere" (N. L.). (Gell. 
 xiv. '2.) The sentence was pronounced orally, and 
 was sometimes first written on a tablet. If the de- 
 fendant did not make his appearance after being 
 duly summoned, judgment might be given against 
 him. 
 
 The sentence was either of Absolutio or Con- 
 demnatio. That part of the fonnula which was 
 called the Conderanatio [Actio, p. 10], empowered 
 the Judex to condemn or acquit (condcm/iare, 
 absolvere. Gains, iv. 43). The defendant might 
 satisfy the plaintiff after the judicium had been 
 constituted by the litis cnntestatio {post acmptum 
 judicium, Gaius, iii. 180; iv. 114), and before 
 judgment was given ; but in this case it was a 
 disputed question between the two schools whether 
 the judex should acquit, or whether he should 
 condemn on the ground that at the time when the 
 judicium was constituted, the defendant was liable 
 to be condemned and it was the business of the 
 judex merely to follow his instructions. The dis- 
 pute accordingly involved one of those principles 
 on which the schools were theoretically divided, 
 — the following out of a legal principle to all its logi- 
 cal consequences ; but, like many other questions 
 between the schools, this question was practically 
 of no importance, as the plaintiff would not be 
 allowed to have satisfaction twice. [Juriscon- 
 
 SULTI.] 
 
 While the legis actiones were in force, the judg- 
 ment was for the restitution of a thing, if a given 
 tiling (corjius) was the object of the action ; but 
 under the process of the fonnula, the Judex gave 
 judgment, pursuant to the formida, in a sum of 
 money, even when a piece of property was the ob- 
 ject of dispute. This sum of money was either 
 fixed or not fixed in the formula. If the claim was 
 for a certain siun of money, the amount was in- 
 serted in the condemnatio, and the judex was 
 bound to give that or nothing to the plaintiff. If 
 the claim was for damages or satisfaction, the 
 amount of which was not ascertained, the con- 
 demnatio was either limited to a sum named in 
 the fonnula, and which the judex could not exceed 
 except at his own peril (litem suaiii. /ucie/ido) ; or, 
 if the action was for the recovery of property from 
 the possessor, or if it was an actio ad exhibendum, 
 the condemnatio empowered the judex to condemn 
 the defendant in tlie value of the thing. The 
 judex was always bound to condemn in some 
 definite sum, even though the formula did not con- 
 tain a definite sum : the reason of which is ob- 
 vious, for, unless the condenmatio was definite, 
 there would be no judgment. (Gaius, iv. 48 — 52.) 
 
 The following is the distinction between an 
 Arbitrium and Judicium, according to Cicero {Pro 
 Rose. Com. 4) :■ — In a judiciiun the demand was 
 of a certain sum or definite amount ( peeimiae 
 certac) ; in an arbitrium, the amount was not de- 
 termined {iiiecriu). In a judicium the plaintiff 
 obtained all that he claimed or nothing, as the 
 words of the formula show: " Si paret H. S. looo 
 dari oportere." (Compare Gaius, iv. 50.) The cor- 
 responding words in the formula arbitraria were : 
 " Quantum aequius melius id dari and their 
 equivalents were, " Ex fide bona, Ut inter bonos 
 bene agier." {Top. 17.) In a dispute about dos, 
 which Cicero calls " arbitrium rei uxoriac," the 
 words " Quid aequius, mi'lius." were added. (Com- 
 pare Gaius, iv. 47. G2.) If the matter was brought ; 
 
 before a judex, properly so called, the judicium 
 was constituted with a poena, that is, per spon- 
 sionem ; there was no poena, when an arbiter was 
 demanded, and the proceeding was by the formula 
 arbitraria. The proceeding by the sponsio then 
 was the strict one {aiijustissima formula sponsionis, 
 Cic. Pro Rose. Com. 14) : that of the arbitrium 
 was ex fide bona, and the arbiter, though he was 
 bound by the instructions of the fonnula, was al- 
 lowed a greater latitude by its terms. The engage- 
 ment between the parties who accepted an arbiter, 
 by which they bound themselves to abide by his 
 arbitrium, was Compromissum {Pro Rose. Com. 4. 
 4); but this term was also employed, as it appears, 
 to express the engagement by which parties agreed 
 to settle their differences by arbitration, without 
 the intervention of the praetor. Cicero appears to 
 allude to this arbitration. {Pro Quiittio, 5 ; com- 
 pare Senec. De Bemf. iii. 7.) 
 
 According to Cicero {Pro Caecina, 2) all Judicia 
 had for their object, either the settlement of dis- 
 putes between individuals {controversiae), or the 
 punishment of crimes {mah-Jicia). This passage re- 
 fers to a division of Judicia, which appears in the 
 Jurists, into Publica and Privata. The tenn Pri- 
 vata Judicia occurs in Cicero (Tojo. 17), where it 
 refers to tlie class of Judicia which he indicates in 
 the Caecina by the term Controversiae. The term 
 Publica Judicia might not then be in use, but the 
 tenn Publica Causa is used by Cicero {Pro Rose. 
 Amer. c. 21) with reference to a Judicium, which 
 by the Jurists would be called Publicum. In the 
 Digest (48. tit. I. s. 1) it is stated that all Judicia 
 are not Publica in which a crimen was the matter 
 in question, but only those in which the oft'ence 
 was prosecuted under some lex, such as the Julia 
 Majestatis, Cornelia de Sicariis, and others there 
 enumerated. Judicia were called Extraordinaria 
 when the inquiry was Extra Ordinem, that is, not 
 according to the usual practice ; and this might 
 happen when the offence was one not provided for 
 by law {leyibus), but one that was punishable by im- 
 memorial usage and general opinion ; of which there 
 is an instance in Livy {seu leyibus seu moribus mullet 
 imfjuirercl ; xxvi. 3). The Judicia Popularia or Po- 
 pulares Actiones as they are called (Dig. 47. tit. 
 23. s. 1) are defined to be those by which " suum 
 jus populus tuetur;" and they agreed with the 
 Publica Judicia in this, that any person might be 
 the prosecutor, who was not under some legal dis- 
 qualification. The Judicia Populi (Cic. Brut. 27) 
 were those in which the populus acted as judices ; 
 and accordingly Cicero enumerates tlie Populi .In- 
 dicia among others when he says {Pro Domo, c. 1 3) 
 that " nihil de capite civis, aut de bonis, sine 
 judicio senatus aut popidi aut eorum qui de quaque 
 re coiistituti judices sint, detrahi posse." As the 
 Judicia Publica are defined by the jurists to be 
 those in which crimina were tried hy a special lex, 
 it appears that the Judicia Populi, strictly so 
 called, must have fallen into disuse or have gradu- 
 ally become unnecessary after the Judicia Publica 
 were regulated by special leges ; and thus the 
 Judicia Publica of the later republican period re- 
 present the Judicia Populi of the earlier times. The 
 Judicia Popidi were originally held in the Comitia 
 Curiata and subsequently in the Centuriata and 
 Tributa. A lex of Valerius Publicola (Liv. ii. 8) 
 gave an appeal ( provocatio) to the populus from 
 the magistratus ; and a law of C. Seiiipronius 
 Gracchus (Cic. Pro Rahir. 4) declared to the same 
 
JUDEX. 
 
 JUDEX. 
 
 S31 
 
 effect : Ne de capite civiura Romanorum injussu 
 populi judicaretur. 
 ! The kings presided in the Judicia Populi, and 
 I the consuls succeeded to their authority. But 
 after the passing of the Lex Valeria de Provocatione 
 (b. c. 507) the consul could not sit in judgment 
 on the caput of a Roman citizen, but persons were 
 appointed to preside at such inquiries, who were ac- 
 cordingly called Quaesitores or Quaestores Parricidii 
 or Rerum Capitalium. In some cases (Liv.iv.51) 
 a plebiscitum was passed, by which the senate was 
 empowered to appoint one of the praetors or some 
 other magistrate to preside at the judicial investi- 
 gation. In course of time, as cases were of more 
 frequent occurrence, these Quaestiones were made 
 Perpetuae, that is, particular magistrates were ap- 
 pointed for the purpose. In the j'ear 1 4!) B. c. the 
 tribune L. Calpurnius Piso Frugi carried a Lex 
 de pecuniis repetundis, from which time the 
 Quaestio Repetundarum became Perpetua. L. 
 Sulla gave to one praetor the Quaestiones de 
 Majestate, and to others those of Peculatus and 
 Ambitus ; and he also added four other Quaes- 
 tiones Perpetuae. Thus he carried out the princi- 
 ple of the Lex Calpurnia, by establishing permanent 
 courts for the trial of various specified offences, 
 and the praetors determined among themselves in 
 which of these new courts they should severally 
 preside. The ordinary functions of the praetor 
 urbanus and peregrinus were not interfered with 
 by these new arrangements. The Quaestiones of 
 Sulla were, De Repetundis, Majestatis, De Sicariis 
 et Veneficis, De Parricidio, Peculatus, Ambitus, 
 De Nummis Adulterinis, De Falsis or Testamen- 
 taria, and De Vi Publica. But in special cases 
 the senate still sometimes by a decretiun appointed 
 the consuls as quaesitores, of which an example 
 occurs in Cicero {Brut. '2'2) : this was a case of 
 quaestio or judicium extra ordinera. 
 
 Any person might be an accuser (accusalor) in 
 a Judicium Publicum. On such an occasion the 
 praetor generally presided as quaesitor, assisted by 
 a judex quaestionis and a body of judices called his 
 consilium. The judex quaestionis was a kind of 
 assistant to the presiding magistratus, according to 
 some opinions ; but others consider him to be a 
 quaesitor, who was sometimes specially appointed 
 to preside on the occasion of a quaestio. (AV'alter, 
 Gesc/iichle des R'lhn. Rcc/its, p. 861.) The judices 
 were generally chosen by lot out of those who were 
 qualified to act ; but in some cases the accuser 
 and the accused (i-eus) had the privilege of choos- 
 ing {ederc) a certain number of judices out of a 
 large number, who were thence called Edititii. (Cic. 
 Pro Mure/ia, c. 25; Pro Plunco, 15. 17.) Both 
 the accusator and the reus had the privilege of 
 rejecting or challenging (rejiccre) such judices as 
 they did not like. (Cic. ad Aft. i. 16.) In many 
 cases a lex was passed for the purpose of regulat- 
 ing the mode of procedure. In the matter of 
 Clodius and the Bona Dea, the senate attempted 
 to carry a le.x by which the praetor who was to 
 preside at the trial should be empowered to select 
 the judices, the effect of which would have been to 
 prevent their being challenged by Clodius. After 
 a violent struggle, a lex for the regulation of the 
 trial was proposed by the tribune Fufius and car- 
 ried : it only differed from the lex recommended 
 by the senate in the mode of determining who 
 should be the judices (Judk-um r/cnus): a difference 
 hoAvever which was not unimportant, as it secured 
 
 I the acquittal of Clodius. The judices voted by 
 I ballot, at least generally, and a majority determined 
 the acquittal or condemnation of the accused. Each 
 judex was provided with three tableU {tabulae) on 
 one of which was marked A, Absolve ; on a second 
 C, Condemno ; and on a third N. L., Non liquet. 
 The judices voted by placing one of these tablets 
 in the urns {urnac, Juv. Sat. v. 4), which were 
 then examined for the purpose of ascertaining the 
 votes. It was the duty of the magistratus to pro- 
 nounce the sentence of the judices ; in the case of 
 condemnation, to adjudge the legal penalty ; of ac- 
 quittal, to declare him acquitted ; and of doubt, to 
 declare that the matter must be further investigat- 
 ed {amplius cognoscendum). 
 
 Mention is often made of the Judicia Populi in the 
 Latin writers. A Judicium was commenced by 
 the accuser, who nmst be a magistratus, declaring 
 in a eontio, that he would on a certain day accuse 
 a certain person, whom he named, of some offence 
 which he also specified. This was expressed by 
 the phrase " diem dicere " ( Virginias Caesoni capi- 
 tis diem dicit. Liv. iii. 11). If the offender held any 
 high office, it was necessary to wait till his time of 
 service had expired, before proceedings could be 
 thus commenced against him. The accused was 
 required to give secm'ity for his appearance on the 
 day of trial ; the security was called vades in a 
 causa capitalis, and praedes when the penalty for 
 the alleged offence was pecuniary. If such secu- 
 rity was not given, the accused was kept in con- 
 finement. (Liv. iii. 13.) If nothing prevented the 
 inquiry from taking place at the time fixed for it, 
 the trial proceeded, and the accuser had to prove 
 his case by evidence. The investigation of the 
 facts was called Anquisitio with reference to the 
 proposed penalty : accordingly, the phrases pecunia, 
 capite or capitis anquirere, are used. (Liv. xxvi. 3.) 
 When the investigation was concluded, the magis- 
 tratus promulgated a rogatio, which comprehended 
 the charge and tlie punishment or fine. It was a 
 rule of law that a fine should not be imposed toge- 
 ther with another punishment in the same rogatio. 
 (Cic. Pro Dom. c. 17.) The rogatio was made 
 public during three nundinae, Like any other lex ; 
 and proposed at the comitia for adoption or re- 
 jection. The form of the rogatio, the effect of 
 which was to drive Cicero into banishment, is 
 given in the Oration Pro Dome, c. 18. The ac- 
 cused sometimes withdrew into exile before the 
 votes were taken ; or he might make his defence, 
 of which we have an instance in the oration of 
 Cicero for Rabirius. Thougli these were called 
 Judicia Populi, and properly so in the early ages 
 of the state, the leges passed in such judicia in the 
 latter period of the republic were often Plebiscita. 
 
 The offences which were the chief subject of 
 Judicia Populi and Publica were Majestas, Adul- 
 teria and Stupra, Parricidium, Falsum, Vis Pub- 
 lica and Privata, Peculatus, Repetundae, Ambitus, 
 which are treated under their several heads. 
 
 With the passing of special enactments for the 
 punishment of particular offences, was introduced 
 the practice of forming a body of Judices for the 
 trial of such offences as the enactments were direct- 
 ed against. Thus it is said that the Lex Calpurnia 
 De Pecuniis Repetundis established the Album Ju- 
 dicum, or the body out of which Judices were to 
 be chosen. It is not known what was the number 
 of the body so constituted, but it has been con- 
 jectured that the number was 350, and that ten 
 
532 
 
 JUDEX. 
 
 JUDEX. 
 
 were chosen from each tribe, and thus the origin 
 of the phrase Decuriae Judicuin is explained. It 
 is easy to conceive that the Judicia Populi, pro- 
 perly so called, would be less frequent as special 
 leges were framed for particular oifences, the cir- 
 cumstances of which could be better investigated 
 by a smaller body of Judices than by the assembled 
 people. It is affirmed that up to the passing of the 
 Calpurnia Lex, the Judices were chosen from the 
 senators only, but after this time they were not 
 taken from that body exclusively ; and further, 
 that not only the Judices in the Quaestiones de Re- 
 pctundis, but also the Judices in private matters 
 were from the date of this lex taken from the 
 Album Judicum that was annually made (Goet- 
 tling, Gescliiclde der }{'6>n. Staatsvetfassung, p. 425); 
 for which there appears to be no evidence. The 
 Lex Servilia (b.c. 104) enacted that the Judices 
 should not be under thirty nor above sixty j'ears 
 of age, that the accuser and accused should seve- 
 rallj' propose one hundred judices, and that each 
 might reject fifty from tlie list of the other, so that 
 one hundred would remain for the trial. This lex 
 also made some provisions for the mode of conduct- 
 ing the prosecution and the defence. The tenns 
 of the Senipronia Lex of Gracchus, which was 
 passed B. r. 1"23, about twenty years before the 
 Lex Servilia, are variously stated ; but in general 
 terms it is said that it took the Judicia from the 
 senators and gave them to the equites; and this 
 state of things lasted nearly fifty years (C'ic. i?i 
 Verr. Act. Prim. c. 13), till Sulla (b.c. 80) re- 
 stored the Judicia to the senate, and excluded the 
 equites from tlie Album Judicum. The Lex Ser- 
 vilia apparently did not interfere with the main 
 object of the Lex Sempronia. Tacitus indeed (Ann. 
 xii. 60) speaks of the Serviliae leges restoring the 
 Judicia to the senate ; but the passage is encum- 
 bered with difficulty. A Lex Aurelia (b.c. 70) 
 enacted that the Judices should be chosen from the 
 three classes — of Senators, Equites, and Tribuni 
 Aerarii ; and accordingly the Judicia were then said 
 to be divided between the senate and the equites. 
 The Tribuni Aerarii were taken from the rest of 
 the citizens, and were, or ought to have been, per- 
 sons of some property. Thus the three decuriae 
 of judices were formed ; and it was either in con- 
 sequence of the Lex Aurelia or some other lex 
 that, instead of one urn for all the tablets, 
 the decuriae had severally their balloting urn, so 
 that the votes of the three classes were known. 
 Dion Cassias (xxxviii. 8) ascribes this regulation to 
 a Lex Fufia, and he says that the object was that 
 the votes of the decuriae {iBvn, lef)) might be 
 known, though those of individuals could not, 
 owing to the voting being secret. It is not known 
 if the Lex Aurelia determined the number of Ju- 
 dices in any given case. The Lex Pompcia de 
 Vi, and De Ambitu (u. c. 52) determined that 
 eighty judices were to be selected by lot, out of 
 whom the accuser and the accused might reject 
 thirty. In the case of Clodius, in the matter of 
 the Bona Dea, there were fifty-six judices. It is 
 conjectured that the number fixed for a given case, 
 by the Lex Aurelia, was seventy judices. 
 
 Another Lex Pompeia passed in the second con- 
 sulate of Pompey (b.c. 55), seems to have made 
 some modifications in the Lex Aurelia, as to the 
 qualification of the judices ; but the new provisions 
 of this lex are only known from Asconius, who 
 explains them in terms which arc very far from 
 
 being clear. A Lex Judiciaria of J. Caesar took 
 away the decuria of the Tribuni Aerarii, and thus 
 reduced the judices to two classes {ijenera, the 
 •y^yri of Dion Cassius). A Lex Judiciaria, passed 
 after his death by M. Antonius, restored the de- 
 curia of the Tribuni Aerarii, but required no pecu- 
 niary qualification from them : the only qualifica- 
 tion which this lex required was, that a person 
 should have been a centurion or have served in the 
 legions. It appears that the previous Lex Pom- 
 peia, Lex Aurelia, and a Lex of Caesar, had given 
 to those who had been centurions {(/ui ordines 
 duaerani) the privilege of being judices (jndkatiis), 
 but still they required a pecuniary qualification 
 (census). The Lex of Antonius, besides taking 
 away the pecuniary qualification, opened the judi- 
 cia to the soldiers. (Cic. Vhil. i. 8 ; v. 5 ; Sueton. 
 •J. Cues. c. 41.) It seems probable that the ex- 
 pression ca- ceuturiis, which is used by Asconius in 
 speaking of the change introduced by this Lex 
 Pompeia, had reference to the admission of the 
 centuriones into the third class of judices. 
 
 Augustus added to the existing three Decuriae 
 Judicuin, a fourth Decuria, called that of the Du- 
 cenarii, who had a lower pecuniary qualification, 
 and only decided in smaller matters [de leviorihus 
 suminis, Sueton. Atif/. 32). Caligula (Sueton. 
 CaUg 1(>) added a fifth Decuria, in order to di- 
 minish the labours of the Judices. Augustus had 
 already allowed each Decuria, in its turn, an ex- 
 emption for one year, and had relieved them from 
 sitting in the months of November and December. 
 
 As to the whole number of judices, included at 
 any given time in the Album Judicum, it seems 
 almost impossible to state any thing with preci- 
 sion ; but it is obvious from what has been said, 
 that the number must have varied with the vari- 
 ous changes akeady mentioned. After the time of 
 Augustus the number was about four thousand, 
 and from this period, at least, there is no doubt that 
 the Album Judicum contained the whole number 
 of persons who were qualified to act as judices, 
 both in Judicia Privata and Judicia Publica. The 
 fourth Decuria of Augustus was limited in its func- 
 tions to the Judicia Privata in which the matter in 
 dispute was of small value. It is often stated by 
 modern writers, without any qualification, that 
 the various changes in the judiciary body from the 
 time of the Lex Calpurnia to the end of the re- 
 ])ublic had reference both to the Judicia Publica 
 and Privata ; though it is also stated that the ob- 
 jects of these various enactments were to elevate 
 or depress one of the great parties in the state, by 
 extending or limiting the body out of which the 
 judices in any given case were to be chosen. But 
 it is obvious that these reasons do not apply to the 
 matter of Judicia Privata, in which a single judex, 
 generally acted, and whidi mostly concerned mat- 
 ter of property and contract. Accordingly, a re- 
 cent writer (Walter, Gescliiclde dcs Ji'om. Rcchts, 
 p. 716) has observed with more caution than some 
 of his predecessors, that " there is no doubt that 
 from the time of Augustus the Album Judicum 
 had reference to the judices in civil matters, but 
 that as to earlier times a difficidty arises from 
 the fact that while the Lex Sempronia was in 
 Ibrce, by which the senators were excluded from 
 the Album Judicum, a Consularis is mentioned as 
 a judex (Cic. De Off', iii. 19) ; and, on the other 
 hand an Eques is mentioned as a judex at a time 
 I when the Lex of Sulla was in force, and conse- 
 
I 
 
 JUDICATI ACTIO. 
 
 quently senators only could be judices. (Cic. Pro 
 Rose. Com. c. 14.)" These instances certainly are 
 inconsistent with the fact of the Judicia Privata 
 being regulated by the various Leges Judiciariae ; 
 but they are of small weight, compared with the 
 reasons derivable from tlie character of the two 
 kinds of Judicia and the dift'erence in the mode of 
 procedure, which render it almost a matter of de- 
 monstration that the various changes in the judiciary 
 body had reference to the Quaestiones and Judicia 
 Publica. It is true that some of these leges may 
 have contained provisions even as to Judicia Privata, 
 for many of the Roman leges contained a great 
 variet}' of legislative provisions, and it is also true 
 that we are very imperfectly acquainted with the 
 provisions of these Leges Judiciariae ; but that the 
 regulation of the Judicia Privata was included in 
 their provisions, in the same fonn and to the same 
 extent as that of the .Indicia Publica, is an asser- 
 tion totalh' unsupported by evidence, and one which 
 leads to absurd conclusions. Two Leges Juliae 
 together with a Lex Aebutia put an end to the 
 Legis Actiones (Gains, iv. ;!t)) ; and a Lex Julia 
 Judiciaria limited the time of the Judicia Legi- 
 tima (Gains, iv. 104) : but it does not appear 
 whether these leges were passed solely for these 
 objects, or whether their provisions were part of 
 some other leges. 
 
 Though the general character of the Roman 
 Judicia, and the modes of procedure both in civil 
 and criminal matters, are capable of a sufficiently 
 clear exposition, there is much uncertainty as to 
 many details, and the whole subject requires a 
 careful examination by some one who combines 
 with a competent knowledge of the original autho- 
 rities, an accurate acquaintance with the nature of 
 legal procedure. 
 
 The following works may be referred to : — 
 Walter, Geschic/tte des Horn. Rechts; Goettling, 
 Geschii'/ite der R'oni. Slaatsverfassunrj ; Heinec- 
 cius, Si/n/af/ma, &c. ; Tigerstrdni, De Jmlkihiis 
 apiid Romanos, Berl. I82(), valuable only for the 
 collection of the original authorities : Keller, 
 Uehsr Litis Contc.stdtioa und Urthcil, &c. Ziirich, 
 1827: also Gaius iv. ; Dig. 5. tit. 1. De Judiciis; 
 Dig. 48. De Judiciis Publicis; Inst. iv. tit. 18. 
 
 [G. L.] 
 
 JUDEX ORDINA'RIUS. [Judex Peda- 
 
 NEUS.] 
 
 JUDEX PEDA'NEUS. The origin and mean- 
 ing of this term seem to be entirely unknown. 
 The judices to whom the praetor or praeses referred 
 a matter in litigation with the usual instructions, 
 were sometimes called Pedanei. [T/icr/j)hil. iv. 15; 
 Cod. 3. tit. 3.) Subsequently the praeses, who 
 was now sometimes designated Judex Ordinarius 
 or Judex simply (f'od. Theod. 1. tit. 7), decided 
 most matters without the intervention of a Judex ; 
 but still he was empowered to appoint a permanent 
 body of judices for the decision of less important 
 matters, and these also were called Judices Pe- 
 danei, "hoc est qui negotia hurailiora disceptent." 
 (Cod. 3. tit. 3. s. 5.) The proceedings before this 
 new kind of Judices Pedanei were the same as 
 before the praeses. Some modern writers are of 
 opinion that th ese new pedanei judices did not 
 form a permanent court, but only decided on mat- 
 ters which were referred to them by a superior 
 authority. (Cod. 3. tit. 3.) [G. L.] 
 
 JUDEX QUAESTIO'XIS. [Judex, p. 531.] 
 JUDICA'TI ACTKI. A thing was a Res 
 
 JUGUM. 
 
 533 
 
 judicata, when the matter in dispute had been de- 
 termined by a judicial sentence ; and the actio 
 judicati was a mode which the successful party 
 might adopt, for obtaining a decree of the magis- 
 tratus by which he could take possession of the 
 property of the person who had lost the cause and 
 iiad not satisfied the judgment. The plaintiff in 
 the actio judicati was also protected in his posses- 
 sion of the defendant's property by a special inter- 
 dict, and he was empowered to sell it. The party 
 condemned was limited as to his defence. Origin- 
 all}' the judicatus was obliged to find a vindex 
 {vindiceni dare); but in the time of Gaius it had 
 become the practice for him to give security 
 to the amount of the judgment (jiu/icatum solri 
 satisdare). If the defendant pleaded that there 
 was no res judicata, he was mulcted in double the 
 amount of the judgment, if his plea was false. 
 
 (Gaius, iv. 9. -Jo. 171. 102; Vk. pro Place. 20 ; 
 Paulus, 5". /f. 1. tit. 19 ; Dig. 42. tit. 1.) [G.L.] 
 
 JU'DICES EDITI'TII. [Jude.x, p. 531.] 
 
 JUDI'CIUM. [Judex.] 
 
 JUDI'CIA DUPLl'CIA. [F.imiliae Ercis- 
 cundae Actio.] 
 
 JUDI'CIA LEGI'TIMA. [Imperium, p. 
 507.] 
 
 JUDI'CIA QUAE IMPE'RIO. [Imperium, 
 p. 507.] 
 
 JUDI'CIUM PO'PULL [Judex, p. 530, 531.] 
 
 JUDI'CIUM PRIVA'TUM, PU'BLICUM. 
 [Judex, p. 530.] 
 
 JU'GERUM, a Roman measure of surface, 
 240 feet in length and 120 in breadth, contain- 
 ing therefore 28,800 square feet. (Colum. JJe Re 
 Rust. V. 1. §. G; Quintil. Inst. Orat. i. 18.) It 
 was tlie double of \.\\c ActusQuudratus,<m.<\. from this 
 circumstance, according to some writers, it derived 
 its name. (Varro, de Liwi. Lai. v. 35. Miiller.) 
 [Actus Quadratus.] The uncial division [As] 
 was applied to the juyerum., its smallest part being 
 the scrupulum of 10 feet square, = 100 square feet. 
 Thus ihe jur/eru7H contained 288 scrupula. (Varro, 
 Ihid. ii. 12.) The jugerum was the common mea- 
 sure of land among the Romans. Two jtif/era 
 formed an hcredium, a hundred heredia a cciituria, 
 and four ceniuriae a saltus. These divisions were 
 derived from the original assignment of landed 
 property, in which two jugera were given to each 
 citizen as heritable property. (Varro, Ihid. i. 10 ; 
 Niebuhr, Hist, of Rome, ii. p. 156, &c., and Ap- 
 pendix ii.) [P. S.] 
 
 JUGU!M (fH70j, fi'Toy), signified in general 
 that which joined two things together. It denoted 
 more especially, 
 
 1. The transverse beam which united the up- 
 right posts of a loom, and to which the wai-p was 
 attached. (Ovid, Md. vi. 55.) [Tela.] 
 
 2. The transverse rail of a trellis (Varro, de Re 
 Rust. i. 8 ; Col. de Re Rust. iv. 17. 20 ; xii. 15 ; 
 Gi'opon. V. 29), joining the upright poles {pcrticae, 
 xdpaK€s) for the support of vines or other trees. 
 [Capistrum.] Hence by an obvious resemblance 
 the ridges uniting the tops of mountains were 
 called jur/a montium. (Virg. Eel. v. 76" ; Flor. ii. 
 3. 9. 17 ; iii. 3.) 
 
 3. The cross-bar of a lyre. (Hom. //. ix. 187.) 
 
 4. A scale-beam, and hence a pair of scales 
 [Libra]. The constellation Libra was conse- 
 quently also called Jugura. (Cic. Din. ii. 47.) 
 
 5. The transverse seat of a boat. (Aeschyl. 
 Ar/a:n. I(i08; Soph. Ajux, 247; Virg. Aen. vi. 
 
534 
 
 JUGUM. 
 
 JULIAE LEGES. 
 
 411.) This gave origin to the term ft'YiTrjs, as 
 applied to a rower. A vessel with many benches 
 or banks for the rowers was called vrju? -rroAv^vyos 
 or e/caTofiiyos. (Horn. II. ii. 293 ; xx. 247.) 
 
 6. The yoke by which ploughs and carriages 
 were drawn. This was by far the most common 
 application of the terra. The yoke was in many 
 cases a straight wooden plank or pole laid upon 
 the horses' necks ; but it was commonly bent to- 
 wards each extremity, so as to be accommodated 
 to the part of the animal which it touched [curva 
 jiiflu, Ovid, F<(sl. iv. 2\6 ; Trkt. iv. G. 2). The 
 following woodcut shows two examples of the 
 yoke, the upper from a MS. of Hesiod's Works 
 and Days, preserved at Florence, the lower from a 
 MS. of Terence belonging to the Vatican library. 
 These may be compared with the still ruder forms 
 of the yoke as now used in Asia Minor, which are 
 introduced in the article Aratrum. The practice 
 of having the yoke tied to the horns and pressing 
 upon the foreheads of the oxen {capitc, non cen-ice 
 jundis, Plin. //. A^. viii. 70), which is now com- 
 mon on the continent of Europe, and especially in 
 France, is strongly condemned by Columella on 
 grounds of economy as well as of humanity. {Dc 
 /{(' Rust. ii. 2.) Jle recommends that their heads 
 should be left free, so that they may raise them 
 aloft and thus make a much handsomer appearance. 
 (Compare woodcut, p. 208 ; Cic. Nat. Deor.n.iM; 
 Ovid, Met. vii. 21 1.) All this was effected by the 
 use either of the two collars {suhjugia, Vitruv. x. 
 3. 8; /a€(ra§a, Ilesiod. Oi>. ct Dus, 4(59 ; Proclus, ad 
 loc. ; feuyXai, Horn. 11. xix. 40G ; Schol. ad 
 Apoll. Rhoil. iii. 232) shown in the upper figure 
 of the woodcut, or of the excavations {yXixpai) cut 
 in the yoke, with the bands of leather [lora; 
 vinda, Tib. ii. L 7 ; ravpoZlriv ^xipaav ivav- 
 X^i'i'rjc, Br. Anal. iii. 44, AeitdSva), which are 
 seen in the lower figure. 
 
 This figure also shows the method of tying the 
 yoke to the pole {femo, pvfjuis) by means of a 
 leathern strap {^vyStiuixov, Horn. //. v. 730; xxiv. 
 2G8 — 274), which was lashed from the two op- 
 posite sides over the junction of the pole and yoke. 
 These two parts were still more firmly connected 
 by means of a pin {ifj.So\os, Schol. in Eiirip. Hip- 
 pol. 666 ; 'ia-Twp, Horn. /. c. ; Arrian. E.ipcd. 
 Alejc. ii. p. 85. ed. Blan. ; ^fiSpuou, Hes. /. c.) 
 [CuRRUs, p. 308], which fitted a circular cavity 
 in the middle of the yoke {6ficj>a\ds, Horn. I. c). 
 
 Homer represents the leathern band as turned over 
 the fastening thrice in each direction. But the 
 fastening was sometimes much more complicated, 
 especially in the case of the celebrated (iordian 
 knot, which tied the yoke of a common cart, and 
 consisted only of flexible twigs or bark, but in 
 which the ends were so concealed by being in- 
 serted within the knot, tliat the only way of de- 
 taching the yoke was that which Alexander 
 adopted. (Arnan, /. c. ; Q. Curt. iii. 2 ; Schol. in 
 Eurip. I. c. ) 
 
 Besides being variegated with precious materials 
 and with carving, the yoke, especially among the 
 Persians, was decorated with elevated plumes and 
 figures. Of this an example is presented in a 
 bas-relief from Persepolis, preserved in the British 
 Museum. The chariot of Darius was remarkable 
 for the golden statues of Belus and Ninus, about 
 eighteen inches high, which were fixed to the yoke 
 over the necks of the horses, a spread eagle, also 
 wrought in gold, being placed between them. (Q. 
 Curt. iii. 3.) The passages above cited show that 
 when the carriage was prepared for use, tiie yoke, 
 which had been laid aside, was first fastened to 
 the pole, and the horses were then led under it. 
 Either above them, or at the two ends of the 
 yoke, rings were often fixed, through which the 
 reins passed. These frequently appear in works 
 of ancient art, representing chariots. 
 
 Morning and evening are often designated in 
 poetrj' by the act of putting the yoke on the oxen 
 (Hes. Op. et Dies, 581) and taking it off". (Hor. 
 Cann. iii. vi. 42 ; Virg. Ed. ii. 66; Ovid, Fast. 
 V. 497 ; 0o6Kvcns, /SouAutos, Arrian, /. c. ; Hom. 
 //. xvi. 779 ; Cic. Att. xv. 27 ; $ov\v(rios apri, 
 Arat. IMos. 387.) 
 
 By metonymy juguni meant the qiiantity of 
 land which a yoke of oxen could plough in a daj'. 
 (Varro, <le Re Rust. i. 10.) It was used as equi- 
 valent to the Latin par and the Greek ^evyos 
 (Hom. 11. xviii. 743), as in a/piilaritm juyum. 
 (Plin. //. A^. X. 4, 5.) By another figure the 
 yoke meant slai-en/, or the condition in which men 
 are compelled against their will, like oxen or 
 horses, to labour for others. (Aeschyl. Ae/am. 512 ; 
 Flonis, ii. 14 ; Tacit. Agric. 31 ; llor. Sat. n. vii. 
 91.) Hence, to express sjTnbolically the subjuga- 
 tion of conquered nations, the Romans made their 
 captives pass under a yoke (Floras, i. 11), which, 
 however, in fonn and for the sake of convenience, 
 was sometimes made, not like the yoke used 
 in drawing carriages or ploughs, but rather like 
 the juguni described under the two first of the 
 preceding heads ; for it consisted of a spear 
 supported transversely by two others placed up- 
 right. [J.Y.] 
 
 JU'LIAE LEGES is a term by which various 
 leges are designated, most of which were passed in 
 the time of C. J. Caesar and Augustus. 
 
 JULIA LEX DE ADULTE'RIIS. [Adul- 
 
 TERIUM.] 
 
 JULIA LEX AGRA'RIA is referred to by 
 Suetonius (J. Caesar, c. 20), and in the Digest, 
 De Termino Moto (47. tit. 21). But the lex of 
 C. Caesar, referred to in the Pandect, is probably a 
 lex of Caligula. The Agraria lex of the dictator 
 Caesar was passed b. c. 59, when he was consul. 
 (Dion. Cass, xxxviii. 1 — 7, &c.; Cic. Phil. ii. 39.; 
 ad Att. ii. 16. 18 ; RudoriF, Lex Mainilia de Colo- 
 niis, Zeitsclirift, vol. ix.) 
 
 JULIA LEX DE A'MBITU. [Ambitu.s.] 
 
JULIAE LEGES. 
 
 JULIAE LEGES. 
 
 535 
 
 JULIA LEX DE ANNO'NA. (Dig. 48. tit. 
 L s. 1.) 
 
 JULIA LEX DE BONIS CEDENDIS. This 
 lex provided that a debtor might escape all per- 
 sonal molestation from his creditors hy giving up 
 his property to them for the purpose of sale and 
 distribution. (Gaius, iii. 78.) It is doubtful if this 
 lex was passed in the time of J. Caesar or of Augus- 
 tus, though probably of the former. (Caesar, liell. 
 Civ. iii. 1 ; Sueton. J. Cues. 4'2 ; Tacit. Ann. vi. 
 16 ; Dion. Cass. Iviii. 21.) The beneficium of the 
 lex was extended to the provinces bj' the imperial 
 constitutions. (Cod. 7. tit. 71. s. 4.) 
 
 JULIA LEX CADUCA'RIA is the same as 
 the Lex Julia et Papia Poppaea. 
 
 JULIA LEX DE CAEDE ET VENEFI'CIO 
 (Sueton. Nc.ro, c. 33) perhaps the same as the Lex 
 De Vi Publica. 
 
 JULIA LEX DE CIVITA'TE was passed in 
 the consulship of L. J. Caesar and P. Rutilius 
 Lupus, B. c. 90. [CiviTAS ; Foedbratae Civi- 
 
 TATES.] 
 
 JULIA LEX DE FOE'NORE, or rather De 
 Pecuniis Mutuis or Crclitis (b. c. 47), passed in 
 the time of J. Caesar. (Sueton. J. Cues. c. 42 ; 
 Caesar, De Bell. Civil, iii. I.) The object of it 
 ■was to make an arrangement between debtors and 
 creditors, for the satisfaction of the latter. Tlie 
 possessi(mcs and res were to be estimated at the 
 value which they had before the civil war, and to 
 be surrendered to the creditors at that value ; what- 
 ever had been paid for interest was to be deducted 
 from the principal. The result was that the cre- 
 ditor lost about one-fourth of his debt ; but he 
 escaped the loss, usually conseiiuent on civil dis- 
 turbance, which would have been caused by Novae 
 T.abulae. (Compare Caesar, licll. Civ. iii. 1. 
 with Sueton. J. Caes. c. 42.) A passage of 
 Tacitus (Ann. vi. 16) is sometimes considered as 
 referring to this lex, and sometimes to the Lex de 
 Bonis Cedendis ; but it does not seem to refer to 
 either of them. The passage of Dion Cassius (Iviii. 
 21. Uepl Twv avfiSoKaiaiv') seems to refer to this 
 Lex de Mutuis Pecuniis. 
 
 JULIA LEX DE FUNDO DOTA'LL The 
 provisions as to the Fundus Dotalis were contained 
 in the Lex Julia de Adulteriis. (Gaius, ii. 63 ; 
 Paulus, K R. ii. tit. 21. s. 2; Dig. De Fuudo Do- 
 tali, 23. tit. 5. s. I. 2. 13.) This Julia Lex was 
 commented on by Papinian, Ulpian, and Paulus. 
 [Adulterium.] 
 
 JULIAE LEGES JUDICIA'RIAE. The lex 
 referred to in the Digest (iv. tit. 8. s. 41) by 
 which a person under twenty years of age was not 
 couipelled to be a judex, is probably one of the 
 Leges Juliae Judiciariae. (Gell. iv. c. 2.) As to 
 the other Juliae Leges Judiciariae, see Judex. 
 
 JULIA LEX DE LI'BERIS LEGATIO'NI- 
 BUS. (Cic. (ul Alt. XV. 11.) [Legatus.] 
 
 JULIA LEX MAJESTA'TIS. (Ck.PhU.i. 
 91.) The Lex Majestatis of the Digest (48. tit. 4) 
 is probably a lex of Augustus. [Ma.iestas.] 
 
 JULIA LEX MliNICIPA'LIS, commonly 
 called the Table of Heraclea. In the year 1732 
 there were found near the Gulf of Tarentum and 
 in the neighbourhood of the ancient city of 
 Heraclea, large fragments of a bronze tablet which 
 contained on one side a Roman lex and on the 
 other a Greek inscription. The whole is now in 
 the Museo Borbonico at Naples. The lex contains 
 various provisions as to the police of the city of 
 
 Rome, and as to the constitution of communities 
 of Roman citizens (^7nunicipia,coluniae,praefecturae, 
 fora, conciliabula civiu/n Ronuamrum). It was ac- 
 cordingly a lex of that kind which is called Satura. 
 
 It is somewhat difficult to determine the date 
 of this lex, but there seem to be only two dates 
 that can be assumed as probable ; one is the time 
 immediately after the Social War, or shortly after 
 B. c. 89 ; the other is that which shortly followed 
 the admission of theTranspadani to the civitas (b.c. 
 49 ). This latter date, in favour of which various 
 considerations preponderate, seems to be fixed 
 about the year B. c. 44 by a letter of Cicero [Ad 
 Fam. vi. 18). Compare the tablet 1. 94. 104, as to 
 persons whom tlie lex excluded from the office of 
 decurio. 
 
 It seems that the lex of the year b. c. 49, which 
 gave the civitas to the Transpadani, enacted that a 
 Roman commissioner should be sent to all the 
 towns for the pui'pose of framing regulations for 
 their municipal organization. The Lex Julia em- 
 powered the commissioners to continue their 
 labours for one year from the date of the lex, the 
 terms of which were so extended as to comprise 
 the whole of Italy. Tlie lex was therefore appro- 
 priately called Municipalis, as being one which 
 establislied certain regulations for all municipia ; 
 and this sense of the term municipalis must be dis- 
 tinguished from that which merely refers to the 
 local usages or to the positive laws of any given 
 place, and which is expressed by such terms as 
 Lex Municipii, Lex Civitatis, and other equivalent 
 terms. 
 
 The name Lex Julia rests mainly on the fact 
 (assumed to be demonstrated) that this lex was 
 passed when J. Caesar was in the possession of full 
 power, that it is the lex referred to by Cicero, and 
 that it is improbable that it would have been called 
 by any other personal appellation than that of 
 Julia. It is further proved by a short inscription 
 found at Padua in 1696, that there was a Lex 
 Julia Municipalis ; and the contents of the inscrip- 
 tion (nil vir aediliciae. potestat. e lege. Julia 
 Municipali) compared with Cicero (eratque rumor 
 de Transpadanis eos jussos nil viros creare, Ad 
 Alt. v. 2) render it exceedingly probable that the 
 Lex Julia Municipalis of the inscription is the lex 
 of the Table of Heraclea, and the Lex Municipalis 
 of the Digest (50. tit. 9. s. 3 ; Cod. 7. tit. 9. s. 1 ; 
 and Dig. 50. tit. \ . Ad Alunicipalem et de Im olis). 
 
 (Savigny, VolksscMuss der Tafel von Hmcelea, 
 Zcitschrift, vol. ix. p. 300 ; the tablet is printed 
 in the work of Mazoclii, Comm. in aeiieaa Tab. 
 Heracl. p. I, 2. Neap. 1754, 1755. fob, with a 
 commentary which contains much learning, but no 
 sound criticism). 
 
 JULIA LEX ET PAPIA POPPAEA. Au- 
 gustus appears to have caused a lex to be enacted 
 about B. c. 18, which is cited as the Lex Julia de 
 Maritandis Ordinibus (Dig. 38. tit. 11 ; 23. tit. 2), 
 and is referred to in the Carmen Seculare of Horace, 
 which was written in the year B. c. 17. The ob- 
 ject of this lex was to regulate marriages, as to 
 which it contained numerous provisions ; but it 
 appears not to have come into operation till the 
 year B. c. 1 3. In the year a. d. 9, and in the 
 consulship of M. Papius Mutilus and Q. Poppaeus 
 Secundus {coimdes 67//fecfo'), another lex was passed 
 as a kind of amendment and supplement to the 
 former lex, and hence arose the title of Lex Julia 
 et Papia Poppaea by which this lex is often quot- 
 
.536 JULIAE LEGES. 
 
 JULIAE LEGES. 
 
 ed. It is not known whether these leges were 
 passed by the centuriae or the tribus. The lex is 
 often variously quoted, according as reference is 
 made to its various provisions : sometimes it is 
 called Lex Julia, sometimes Papia Poppaea, some- 
 times Lex Julia et Papia, sometimes Lex de Mari- 
 tandis Ordinibus, from the chapter which treated of 
 the marriages of the senators (Gains, i. 17f! ; Lip. 
 Fra<i. xi. "JO ; Lex Marita, Hor. Carm. Ssc. ), 
 sometimes Lex Caducaria, Decimaria, &c. from the 
 various chapters. (Ulp. Frag, xxviii. tit. 7 ; Dion 
 Cass. liv. 16. ivi. 1, &c. ; Tacit. Ann. iii. 25.) 
 
 There were many commentaries on this lex by 
 the Roman jurists, of which considerable fragments 
 ai;e preserved in the Digest : Gaius wrote 15 books, 
 Ulpian "20, and Paulas 10 books at least on this 
 lex. The lex contained at least 35 chapters (Dig. 
 22. tit. 2. s. 19); but it is impossible to say to 
 which of the two leges included under the title of 
 Lex Julia and Papia Poppaea, the several provi- 
 sions as now known to us, belong. Attempts have 
 been made both by J. Gothofredus and Ileineecius 
 to restore the lex, proceeding on the assumption 
 that its provisions are reducible to the two general 
 heads of a Lex Maritalis and Lex Caducaria. 
 
 The Lex Julia forbade the marriage of a senator 
 or a senator's children with a libertina, with a 
 woman wliose father or mother had followed an 
 Ars Ludicra, and with a prostitute ; and also the 
 marriage of a libertinus with a senator's daughter. 
 If an hereditas or a legatum was left to a jjerson 
 on condition of not marrying, or on conditions 
 which in effect prevented marriage, the conditions 
 were illegal, and the gift was unconditional. The 
 condition, however, might be not to marry a cer- 
 tain specified person or certain specified persons ; 
 or it might be, to marry a particular person ; but 
 then the person must be such a one as would be a 
 suitable match, otherwise the condition would be 
 in effect a condition not to marry, and therefore 
 void. (Dig. 35. tit. 1. s. 63.) 
 
 In order to promote marriage, various penalties 
 were imposed on those who lived in a state of celi- 
 bacy (cucliiatus) after a certain age. Caclibes 
 could not take an hereditas or a legacy {lenit- 
 ium) ; but if a person v»as caelebs at the time of 
 the testator's death, and was not otherwise dis- 
 qualified (jure civili), he might take the hereditas 
 or legatum, if he obeyed the lex within one hun- 
 dred days, that is, if he married within that tinie. 
 (Ulp. Fra/j. xvii. tit. 1.) If he did not comply 
 with the lex, the gift became caducum. [Cadtc a.] 
 The Lex Julia allowed widows a term of one year 
 (vacatio) from the death of a husband, and di- 
 vorced women a tenn of six months from the time 
 of the divorce, within whicli periods they were 
 not subject to the penalties of the lex : the Lex 
 Papia extended these periods respectively to two 
 years, and a year and six months. (Ulp. Fra(/. 
 xiv.) A man when he attained the age of sixty 
 and a woman when she attained the age of fifty 
 were not included within the penalties of the lex ; 
 but if they had not obeyed the lex before attain- 
 ing those respective ages, they were perpetually 
 bound by its penalties by a Senatus-consultum 
 Pernicianum. A Senatus-consultum Claudianum 
 .so far modified the strictness of the new rule as to 
 give to a man who married above sixty the same 
 advantage that he would have had if he had mar- 
 ried under sixty, provided he married a woman 
 who was under lift}' ; the ground of which rule 
 
 was tlie legal notion that a woman under fifty was 
 still capable of having children. (Ulp. Frag. xvi. ; 
 Sueton. Claud. 23.) If the woman was above fifty 
 and the man under sixty, this was called Impar 
 i\Iatrimoniura, and by a Senatus-consultum Calvi- 
 tianum it was entirely without effect as to releasing 
 from incapacity to take legata and dotes. On the 
 death of the woman, therefore, the dos became caduca. 
 
 By the Lex Papia Poppaea a candidate who had 
 several children was preferred to one who had 
 fewer. (Tacit. Ann. xv. 19 ; Plin. Fp. vii. 16.) 
 Freedmen who had a certain number of children 
 were freed " operarum obligatione" (Dig. 38. tit. 
 1. De Operis Libertorum) ; and libertae, who had 
 four children, were released from the tutela of their 
 patrons. (Ulp. Frag. tit. 29.) Those who had 
 three children living at Rome, four in Italy, and 
 five in the provinces were excused from the office 
 of tutor or curator. (Inst. i. 25 ; Dig. 27. tit. 1.) 
 After the passing of this lex, it became usual for 
 the senate, and afterwards the emperor (princeps) 
 to give occasional!}-, as a privilege, to certain per- 
 sons who had not children, tlie same advantage 
 that tlie lex secured to those who had children. 
 This was called the Jus Liberorum. Pliny says 
 (Fp. ii. 13) that he had lately obtained from the 
 emperor, for a friend of his, the Jus Trium Libero- 
 inm. (See also Fp. x. 95, 96.) This privilege is 
 mentioned in some inscriptions, on which the ab- 
 breviation I. L. n. (Jus liberorum habens) some- 
 times occurs, which is equivalent to " jura parentis 
 habere." The emperor M. Antoninus provided 
 that children should be registered by name within 
 thirty days after their birth with the Praefectus 
 Aerarii Saturni. (Capitol. M. Ant. c. 9 ; compare 
 Juvenal, Sat. ix. 84.) 
 
 The lex also imposed penalties on orbi, that is 
 married persons who had no children {<jai liberos 
 non liabent, Gaius, ii. Ill) from the age of twenty- 
 five to sixty in a man, and from the age of twenty 
 to fifty in a woman. By the Lex Papia, orbi 
 could only take one half of an hereditas or legatum 
 which was left to them. (Gaius, ii. 286.) It seems 
 that an attempt had been made to evade this part 
 of the lex by adoptions, which a Senatus-consultmn 
 Neronianum declared to be ineffectual for the pur- 
 pose of relieving a person from the penalties of the 
 lex. (Tacit. A?m. xv. 19.) 
 
 As a general rule a husband and wife could only 
 leave to one another a tenth part of their property; 
 but there were exceptions in respect of children 
 either born of the marriage or by another marriage 
 of one of the parties, wliich allowed of the free 
 disposal of a larger part. This privilege might 
 also be acquired bv obtaining the Jus Liberoi^um. 
 (Ulp. Frag. tit. 15^ 16.) 
 
 JULIA LEX PECULA'TUS. [Peculatus.] 
 
 JULIA LEX ET PLAUTIA, which enacted 
 that there could be no usucapion in things obtain- 
 ed by robbery (vi poi-sessac). The Twelve Tables 
 had alread}' provided that there coidd be no usu- 
 capion in stolen things. (Gaius, ii. 45 ; Inst. ii. 
 tit. 6.) This lex was probably passed B.C. 89. 
 
 JULIA LEX DE PROVI'NCIIS. [Pro- 
 
 VINCIAE.] 
 
 JULIA LEX REPETUNDA'RUM. [Repe- 
 
 TU.VDAE.] 
 
 JULIA LEX DE RESI'DUIS. [Pecula- 
 
 TUS.] 
 
 JULIA LEX DE SACERDO'TIIS. (Cic. i^. 
 ad Brntum, 1. 5.) 
 
JURISCONSULTI. 
 
 JURISCONSULTI. 
 
 537 
 
 <i ' JULIA LEX DE SACRI'LEGIS. [Pecu- 
 
 ' i .' LATUS.] 
 
 ^ i JULIA LEX SUMTUA'RIA passed in the 
 >« ; time of J. Caesar (Dion, xliii. 25) and one under 
 
 ■ Aufnistus. (Gell. ii. 24.) [Sumtuariae Leges.] 
 •! : JULIA LEX THEATKA'LIS (Sueton. Aiu/. 
 
 . 40 ; Plin. xx.xiii. 2), which pemitted Roman 
 * equites, in case they or their parents had ever had 
 ^ ' a census eipiestris, to sit in the fourteen rows 
 
 ; {quatuordecim ordines) fixed by the Lex Roscia 
 
 ■ Theatralis. b. c. 69. 
 
 ;« '■ JULIA LEX ET TI'TIA, passed under Au- 
 ^ gustus B. c. 32 (Inst. 1. tit. 20), which empowered 
 the praeses of a province to appoint a tutor for 
 » ' women and pupilli who had none. (Ulp. Frcui. vi. 
 ^ tit. IL) A Lex Atilia of earlier but uncertain 
 1 ' date had given the same power at Rome to the prae- 
 « tor urbanus and the majority of the tribuni plcbis ; 
 I and the new lex was passed in order to extend the 
 « ; same advantages to the provinces. There are 
 ) some reasons for supposing that there were two 
 ■ i leges, a Julia and a Titia ; and among those 
 1 1 reasons, is the circumstance that it is not usual to 
 t ; unite by the word et the two names which belong 
 i I to one lex, though this is done by Cicero (Brut. 
 •■ c. 16, Pro Balbo, c. 21) in speaking of the Lex 
 Licinia and Mucia. [G. L.] 
 
 JULIA LEX DE VI PU'BLICA AND PRI- 
 VA'TA. [Vis.] 
 
 JULIA LEX VICESIMA'RIA. [Vicesima.] 
 JU'NEA or JU'NIA NORBA'NA. [Liberti.] 
 JU'NIA LEX, REPETUNDA'RUM. [Re- 
 petundae.] 
 JURA IN RE. [Dominium, p. 353.] 
 JURE ACTIO, IN. [JuRisDicno.] 
 JURE CE'SSIO, IN, was a mode of trans- 
 ferring ownership by means of a fictitious suit, and 
 so far resembled the forms of conveyance by fine and 
 by common recovery, which, till lately, were in 
 use in England. The In Jure Cessio was appli- 
 cable to things Mancipi and Nec jNIancipi, and 
 also to Res Incorporales, which, from their nature, 
 1, were incapable of tradition. The parties to this 
 transaction were the owner [domiiitis qui cfdit), the 
 person to whom it was intended to transfer the 
 ownership [vindicans, cui ccditur), and the magis- 
 tratus, qui addicit [Jurisdictio]. The person to 
 whom the ownership was to be transferred, claimed 
 the thing as his own in presence of the magistra- 
 tus and the real owner ; the magistratus called 
 upon the owner for his defence, and on his declar- 
 ing that he had none to make, or remaining silent, 
 the magistratus decreed [uddUit) the thing to the 
 claimant. This proceeding was a legis actio. 
 
 An hereditas could be transferred by this pro- 
 cess [Heres (Roman), p. 479] ; and the res cor- 
 porales, which belonged to the hereditas, passed in 
 this way just as if they had severally been trans- 
 ferred by the In Jure Cessio. 
 
 The In Jure Cessio was an old Roman institu- 
 tion, and there were provisions respecting it in the 
 Twelve Tables. {Fniff. Vat. s. 50.) 
 
 (Gains, ii. 24 ; Ulp. Frar/. tit. 19. s. 9.) [G.L.] 
 JURISCONSULTI or JURECONSULTI. 
 The origin among the Romans of a body of men, 
 who were expounders of the law, may be referred 
 to the separation of the Jus Civile from the Jus Pon- 
 tificium. [Jus Civile Flavianum.] Such a body 
 certainly e.xisted before the time of Cicero, and the 
 persons who professed to expound the law were 
 called by the various names of jurisperiti, juris- 
 
 consulti, or consulti simply. Thej^ were also de- 
 signated by other names, as jurisprudentes, pru- 
 dentiores, peritiores, and juris auctores. Cicero 
 {Tup. 5) enumerates the jurispcritorura auctoritas 
 among the component parts of the Jus Civile. The 
 definition of a jurisconsultus, as given by Cicero 
 {Dc. Or. i. 48), is, " a person who has such a 
 
 1 knowledge of the laws {le</es) and customs {con- 
 swtudo) wliich prevail in a state as to be able to 
 advise {respondendum), act [ayeitdum), and to se- 
 cure a person in his dealings (caveiidum) : Sextus 
 Aelius Catus [Jus Aelianum], M. Manilius, and 
 P. Mucius are examples." In the oration Pro 
 Muraena, Cicero uses " scribere " in the place of 
 " agere." The business of the early jurisconsulti 
 consisted both in advising and acting on behalf of 
 their clients (consuttores) gratuitously. They gave 
 their advice or answers {respoi/su) either in public 
 places which they attended at certain times, or at 
 their own houses (Cic. De Or. iii. 33) ; and not 
 only on matters of law, but on anything else that 
 might be referred to them. The words " scribere " 
 and "cavere" referred to their employment in 
 drawing up formal instruments, such as contracts 
 or wills, Ace. At a later period, many of these 
 functions were performed by persons who were 
 paid by a fee, and thus there arose a body of 
 practitioners distinct from those who gave responsa 
 and who were writers and teachers. Tiberius 
 Coruncanius, a plebeian, who was consul B. c. 281, 
 and also Pontifex Maximus, is mentioned as the 
 first who acted as a public teacher {puldice profis- 
 sus est), and he was distinguished both for his 
 knowledge of the law and his eloquence. He left 
 no writings. Long before the time of Cicero the 
 study of the law had become a distinct branch 
 from the study of oratory, and a man might raise 
 himself to eminence in the state by his reputation 
 as a lawyer, as well as by his oratorical power or 
 military skill. There were many distinguished 
 jurists in the last two centuries of the republican 
 
 I period, among whom are M. jNIanilius ; P. Mucius 
 Scaevola, Pontife.x i\Iaximus (b.c. 131); Q. Mucius 
 Scaevola, the augur ; and Q. Mucius Scaevola, the 
 
 ' son of Publius, wlio was consul B. c. 95, and after- 
 wards Pontifex Maximus, and one of the masters of, 
 Cicero {jurisperitorum eloqmntissimus, eloquentium 
 jurisperitissimus, Cic. Ds Or. i. 39). This Scaevola 
 the Pontifex, was considered to have been the first 
 who gave the Jus Civile a systematic form, by a 
 treatise in eighteen books. (Dig. i. tit. 2. s. 2. § 
 41.) Servius Sulpicius Rufus, the friend and con- 
 
 ; temporary of Cicero {Brut. 7. 40), was as great an 
 orator as the Pontifex Scaevola, and more distin- 
 guished as a jurist. Many persons, both his pre- 
 decessors and contemporaries, had a good practical 
 knowledge of the law, but he was the first who 
 handled it in a scientific manner, and as he had 
 both numerous scholars and was a voluminous 
 writer, we may view him as the founder of that 
 methodical treatment of the matter of law which 
 characterised the subsequent Roman jurists (Cic. 
 Brut. 41 ; Dig. 1. tit. 2. s. 2. § 43), and in which 
 they have been seldom surpassed. 
 
 The jurists of the imperial times are distinguish- 
 ed from those of the republican period by two cir- 
 cumstances, the Jus Respondendi, and the rise of 
 two Sects or Schools of Law. 
 
 It is said that Augustus determined that the 
 Juinsconsulti should give their responsa under his 
 I sanction(<'j; audoritate ejus <r.«;)o«rfc)'c?/^),and accord- 
 
.538 
 
 JURISCONSULTI. 
 
 JURISDICTIO. 
 
 ingly Gaius (i. 7) speaks of the responsa and 
 opiniones of those jurists " qiiibus permissum est 
 jura condere." The object of Augustus was pro- 
 bably to obtain by this indirect method, that con- 
 trol over the admiuistration of the law which he 
 could not obtain in any other way. It does not 
 appear that the jurists who had not received this 
 mark of imperial favour, were excluded from giving 
 opinions ; but the opinions of such jurists would 
 have little weight in comparison with those of the 
 privileged class. The unanimous opinion of the 
 jurists was to have the force of law (lr(ris ricem) : 
 if they were not unanimous, the judex might fol- 
 low whicli opinion he pleased. Gaius refers the 
 establishment of this rule to a Rescript of Hadrian 
 (i. 7); but it seems probable that this rescript must 
 be rather considered as confinnatory of the esta- 
 blished practice. The constitution of this body of 
 jurists, and the mode of proceeding as to taking 
 their opinions, are not known. It is a reasonable 
 conjecture that they fonned a kind of college ; 
 otherwise it is not easj- to suppose how the opinions 
 were taken. Their power of making or declaring 
 the law was limited to a decision in the cases 
 which came before them, which however would 
 doubtless be received as law in all cases of the 
 same kind, and would serve as a guide in cases of 
 a similar kind. The earlier Jurisconsulti gave 
 their opinions either orally or in writing: but, in 
 the time of Tiberius probably, the jurists, that is 
 the privileged jurists, gave their answers " signata ;" 
 that is in an othcial form. The matter proposed 
 for the opinion of the Jurisconsidti was sometimes 
 stated in the Responsmn, either fully or briefly ; 
 and the Responsum itself was sometimes short, 
 sometimes long ; sometimes it contained the grounds 
 of the opinion, and sometimes it did not, which 
 circumstance, however, did not invalidate its force. 
 (Brisson. De Form. iii. c. 85 — 87.) 
 
 In the time of Augustus there arose two schools 
 {sc/iolae) or sects of Jurists, the heads of which 
 were respectively Ateius Capito and Antistius 
 Labeo. The followers of Labeo, whom we know 
 with certainty to have been such, were Nerva, 
 Proculus, Nerva the son, Pegasus, Celsus, Celsus 
 the son, and Neratius Priscus. The followers of 
 Capito were Massurius Sabinus, C. Cassius Lon- 
 ginus, Longinus C'oelius Sabinus, Priscus Javolenus, 
 Aburnus Valens Tuscianus, Gaius [Institu- 
 TiONEs], and probably Pomponius. But the 
 schools did not take their names from Labeo and 
 Capito. The followers of Labeo were named Pro- 
 culiani, from Proculus. The followers of Capito 
 derived their name of Sabiniani from Massurius 
 Sabinus, who lived under Tiberius, and as late as 
 the reign of Nero : they were sometimes also called 
 Cassiani, from C. Cassius Longinus. It is not 
 easy to state with precision the differences which 
 characterised the two schools. Whatever may 
 have been the origin of these differences, which 
 may perhaps be partly referred to the personal 
 character of Capito and Labeo, the schools were 
 subsequently distinguished by a difference in their 
 manner of handling the matter of the law. The 
 school of Capito adhered more closely to what was 
 established, and to the letter of what was written. 
 Labeo was a man of greater acquirements than 
 Capito, and his school looked more to the internal 
 meaning than to the external form, and thus, while 
 apparently deviating from the letter, they ap- 
 proached nearer to true results ; though the strict 
 
 logic of this school might sometimes produce a re- 
 sult less adapted to general convenience than the 
 conclusions of the Sabiniani, which were based on 
 the prevailing notions of equity. 
 
 The jurisconsulti were both teachers and writers. 
 Their writings consisted of commentarii on the 
 Twelve Tables, on the Edict, on particular leges, 
 more especially on some of the Juliae Leges, and 
 on other special matters. The later jurists also 
 commented on the writings of the earlier jurists. 
 The}' also wrote elementary treatises (eleiiienta, 
 commentarii), such as the Institutiones of Gaius, 
 which is the earliest work of the kind that we 
 know to have been written ; books called Regulae, 
 and Definitiones, which probably were collections 
 of principles of law ; collections of cases and an- 
 swers, under the various names of responsa, epis- 
 tolae, sententiae, and opiniones ; systems of law ; 
 and various works of a miscellaneous character 
 with a great variety of names, such as disputationes, 
 quaestiones, enchiridia, res quotidianae, and vari- 
 ous other titles. 
 
 The juristical writers were very numerous : they 
 formed a continued series, beginning with those 
 already enumerated, and ending about the time of 
 Alexander Severus, with Modestinus who was a 
 pupil of LTlpian. With the exception of the frag- 
 ments preserved in the Digest, this great mass of 
 literature is nearly lost. [Pandectae.] 
 
 (Pomponius, De Orhjine Juris, Dig. 1. tit. 2 ; 
 Zimmern, (ri sc/iielitc des Rom. Privalrec/its.) [G.L.] 
 
 JURISDI'CTIO. The "• ofhcium" of hira 
 "qui jus dicit" is defined as follows (Dig. "2. tit. 
 1. De Jtirisdictione') : — " Bonorum possessionem 
 dare potest, et in possessionem mittere, pupillis 
 non habentibus tutores constituere, judices liti- 
 gantibus dare." This is the ifp?ieral signification 
 of the word Jurisdictio, which expresses the whole 
 " officium jus dicentis." The functions which are 
 included in the " officium jus dicentis" belong 
 either to the Jurisdictio (in its special sense), or to 
 the Imperium Mixtum, or they are those which 
 are exercised by virtue of some lex, senatuscon- 
 sultum, or authority delegated by the princeps, as 
 the " Tutoris datio." (Dig. 2fi. tit. 1. s. 6.) The 
 Jurisdictio of those magistratus who had no Im- 
 perium, was limited in consequence of not having 
 the Imperium, and therefore was not Jurisdictio in 
 the full meaning of that tenn. [Magistrati'S.] 
 Inasnuich as Jurisdictio in its special sense, and 
 the Imperium Mixtum, are component parts of 
 Jurisdictio in its wider sense, Imperium may be 
 said to be contained m or incident to Jurisdictio 
 {imperium quod jurisdidioni coliaeref. Dig. I. tit. 
 "21. s. 1). Sometimes Imperium is viewed as the 
 term which designates the full power of the magis- 
 tratus ; and when so viewed, it may be considered 
 as equivalent to Jurisdictio, in its wider sense, or 
 as comprehending Jurisdictio in its narrower sense. 
 Thus Imperimn may be considered as containing or 
 as contained in .furisdictio, according as we give to 
 each term respectively its wider or its narrower 
 meaning. (Puchta, Urherden in/ia/t der Le,v Itu/ma, 
 Zeilschri/t,x. 1,^)5.) The Jurisdictio waseitherVolun- 
 taria or Contentiosa. (Dig. 1. tit. I. (J. s. 2.) The 
 Jurisdictio Voluntaria rendered valid certain acts 
 done before the magistratus, for which certain forms 
 were required, as adoption and manumission. Thus 
 adoption, properly so called, could take place be- 
 fore the praeses of a provincia (Gaius, i. 100); but 
 in Rome it took place before the praetor, and was 
 
JUS. 
 
 JUS. 
 
 53!) 
 
 said to be effected " imperio mngistratus." The 
 Jurisdictio Contentiosa liad reference to legal pro- : 
 ceedings before a magistratus, which were said to 
 be ill jure, as opposed to the proceedings before a 
 judex, which were said to be ire jiulvin. The 
 magistratus therefore was said jus dicere or reddere 
 with respect to what he did personally, and though 
 he might not declare the law ti-uly, still he was 
 said "jus dicere." Accordingly "magistratus" 
 and " qui Romae jus dicit" are equivalent. (Cic. 
 Ad Fam. xiii. 14.) The functions included in 
 Jurisdictio in this, its special sense, were the ad- 
 dictio in the legis actiones, the giving of the 
 formula in proceedings conducted according to the 
 newer process, and the appointment of a judex. 
 The appointing of a judex, " judicis datio," 
 was for the purpose of inquiring into the facts 
 in dispute between the parties. The words of 
 the formula are " Judex esto," &c. (Gains, iv. 
 47) ; and the terms of the edict in which the 
 praetor declares that he will give a judex, that is, 
 will recognize a right of action, are " .Judicium 
 dabo." {Cic.ProFlacc.'ia.) Addictio belongs to 
 that part of jurisdictio by which the magistratus 
 himself makes a decree or gives a judgment : thus 
 in the case of the In Jure Cessio, he is said " rem 
 addicere." (Gaius, ii. 24.) Addicere is to adjudge 
 a thing or the possession of a thing to one of the 
 litigant parties. In the case of furtum manifestum, 
 inasmuch as the facts would be certain, there was 
 an addictio. (Gaius, iv. 189.) 
 
 Other uses of the word addictio are collected in 
 Facciolati. 
 
 It is with reference to the three terms. Do, Dico, 
 Addico that Varro (Z'e Ling. Lut. vi. 30) remarks 
 that the praetor must use one of these words " cum 
 lege quid pcragitur." Accordingly, those days 
 were called Nefasti on which no legal business 
 could lie done, because the words of legal force 
 coidd not be used. (Compare (Jvid, Fast, i. 47.) 
 
 [G.L.] 
 
 JUS. "All people," says Gaius, (i. 1) "who 
 are governed by Leges and Mores, use partly their 
 own law (jus), partly the law {jus) that is com- 
 mon to all mankind ; for the law {jus) which a 
 state establishes for itself, is peculiar to such state, 
 and is called Jus Civile, as the peculiar law {jus) 
 of that state. But the law {jus) which natural 
 reason {naturatis rulirj) has established among all 
 mankind, is equally observed by all people, and is 
 called Jus Gentium, as being that law {jus) which 
 all nations follow. The Roman populus therefore 
 follows partly its own peculiar law {suu?)t jirojjrium 
 jus), partly the common law {commune jus) of all 
 mankind." 
 
 According to this view, all Law {jus) is distribut- 
 ed into two parts. Jus Gentium and Jus Civile, and 
 the whole body of law peculiar to any state, is its 
 Jus Civile. (Cic. Du Orat. i. 44.) The Roman 
 law therefore, which is peculiar to the Roman 
 state, is its Jus Civile, sometimes called Jus Civile 
 Romanorum, but more frequently designated by the 
 term Jus Civile only, by which is meant the Jus 
 Civile of the Romans. 
 
 The Jus Gentium is here viewed by Gaius as 
 springing out of the Naturalis Ratio common to all 
 mankind, which is still more clearly expressed in an- 
 other passage (i. 189) where he uses the expres- 
 sion " omnium civitatiura jus " as equivalent to 
 the Jus Gentium, and as founded on the Naturalis 
 Ratio. In other passages he founds the acquisi- 
 
 tion of property, which was not regulated b}- Ro- 
 man law, on the naturalis ratio and on the naturale 
 jus indifferently, thus making naturalis ratio and 
 naturale jus equivalent (ii. f)5, 66. 69. 73. 79). 
 lie founds Cognatio on Naturalis Ratio, as being 
 common to all mankind, and Agnatio on Civilis 
 Ratio, as being purely a Roman institution (i. lofi). 
 In two passages in the Digest (1. tit. fi) he calls 
 the same thing Naturale Jus in s. "2, and Jus Gen- 
 tium in s. 3. 5. The Naturale Jus and the Jus 
 Gentium are therefore identical. Cicero {OfT. iii. 
 5) opposes Natura to Leges, where he explains 
 Natura by the term Jus Gentium, and makes 
 Leges equivalent to Jus Civile. In the Parti- 
 tiones (c. 37) he also divides Jus into Natura and 
 Lex. 
 
 There is a threefold division of Jus made by 
 Ulpian and others, which is as follows : Jus Civile ; 
 Jus Gentium, or that which is common to all man- 
 kind ; and Jus Naturale which is common to man 
 and beasts. The foundation of this division seems 
 to have been a theory of the progress of mankind 
 from what is commonly tenned a state of natiu'c, hrst 
 to a state of society, and then to a condition of inde- 
 pendent states. This division had, however, no 
 practical application, and must be viewed merely 
 as a curious theory. Absurd as it appears at first 
 sight, this theory is capable of a reasonable expla- 
 nation, and Savigny shows, that it is not meant to 
 say that beasts have law, but only the matter of 
 law ; that is, some of those natural relations on 
 which legal relations are founded, exist among 
 beasts as well as men. Such natural relations are 
 those by which the species is propagated. In the 
 Institutes the three divisions are confounded (i. tit. 
 2. De Jure Naturali, tientium et Civili) ; for the 
 explanation of Jus Naturale is first taken from the 
 threefold division of Ulpian, and then the Jus 
 Gentium and Civile are explained according to the 
 twofold division of Gaius already quoted, so that 
 we have in the same section the Jus Naturale ex- 
 plained in the sense of Ulpian, and the Jus Gen- 
 tium explained in the sense of Gaius, as derived 
 from the Naturalis Ratio. Further, in the second 
 book (tit. I. s. 11) the Jus Naturale is ex- 
 plained to be the same as Jus Gentium, and the 
 Jus Naturale is said to be co-eval with the human 
 race. Notwithstanding this confusion in the In- 
 stitutes, there is no doubt that the twofold divi- 
 sion of Gaius was that which prevailed in Roman 
 jurisprudence. (Savigny, Si/stcm, &.c. i. p. 413.) 
 This twofold division appears clearly in Cicero, 
 who says that the old Romans separated the Jus 
 Civile from the Jus Gentium ; and he adds that 
 the Jus Civile (of any state) is not therefore Jus 
 Gentium, but that what is called Jus Gentium 
 ought to be Jus Civile. {Ojf'. iii. 17.) 
 
 The Jus Civile of the Romans is divisible into 
 two parts. Jus Civile in the narrower sense, and 
 Jus Pontificium or the law of religion. This op- 
 position is sometimes expressed by the words Jus 
 : and Fas {Fus e.tjura sinunt, Virg. Geon/, i. 269); 
 i and the law of things not pertaining to religion 
 and of things pertaining to it, are also respectively 
 i opposed to one another by the terms Res Juris 
 . Humani et Divini. (Instit. ii. tit. 1.) [DoMl- 
 ■ NiuM.] Thus the Pontifices Maximi, P. Crassus, 
 • and T. Coruncanius, are said to have given Re- 
 I sponsa dc omnibus divinis et humanis rebus. (Cic. 
 1 l>e Orat. iii. 33.) 
 
 The Law of Religion, or the Jus Pontificium, 
 
540 
 
 JUS. 
 
 JUS. 
 
 was under the control of the Pontifices, who in fact 
 originally had the control of the whole mass of the 
 law, and it was only after the separation of the Jus 
 Civile in its wider sense into the two parts of the 
 Jus Civile, in its narrower sense, and the Jus Ponti- 
 ficium, that each part had its proper and peculiar 
 limits. But after this separation was fully made 
 the Auctoritas Pontiticum had the same operation 
 and effect with respect to the Law of Religion that 
 the Auctoritas Prudentium had on the Jus Civile. 
 (Cic. Leg. ii. 19, 20.) Still even after the sepa- 
 ration there was a mutual relation between these 
 two branches of law ; for instance, an Adrogatio 
 was not valid by the Jus Civile unless it was 
 valid by the Jus Pontificium. (Cic. De Orat. iii. 
 33; Brut. 42. Adoption.) Again, Jus Pontifi- 
 cium, in its wider sense, as the law of religion, had 
 its subdivisions, as into Jus Augurum, Pontificum, 
 &c. (Cic. De Sened. 11.) 
 
 " Law," says Gains (i. 2), meaning the Roman 
 civil law (jura), " is composed of leges, plebiscita, 
 senatus-considta, constitutiones Principum, the 
 Edicta of those who have the Jus Edicendi, and 
 the Responsa Pmdentium." The component parts 
 enumerated by Cicero {Top. b) are "leges (which 
 include plebiscita), senatus-consulta, res judicatae, 
 jurisperitorum auctoritas, edicta raagistratiium, nios, 
 and aequitas." A consideration of the different epochs 
 at which these writers lived, will account for part 
 of the discrepancy ; but the addition of Mos in 
 Cicero's enumeration is important. 
 
 Some of these component parts are also opposed; 
 tlius. Jus Civile is opposed to the Jus Praetoriuni 
 or Honorarium, which originated in the Jus Edi- 
 cendi [Edictum]. In this sense Jus Civile con- 
 sists of leges and senatus-consulta, and apparently 
 of Mos. 
 
 The component parts of this narrower Jus Ci- 
 vile, that is of Jus Civile as opposed to Praetorium, 
 are also opposed to one another, that is. Lex and 
 Mos are sometimes opposed to one another, as 
 parts component of the Jus Civile (in this its 
 limited sense), but different in their origin. Horace 
 (C'arm. iv. 5) speaks of " Mos et Lex:" Juvenal 
 (viii. SO) opposes "Juris nodes et legum aenig- 
 mata:" Jus Civile is opposed to Leges (Cic. De 
 Orat. i. 43), to Lex (Ujf\ iii. 17), and to Senatus- 
 consultum (Gains ii. l.<)7). As then opposed to 
 Leges, Jus Civile appears to be equivalent to Mos. 
 In fact the opposition between Lex and j\Ios follows 
 the analogy of tliat between jus scriptum and non 
 scriptum. " When there are no scriptae leges, we 
 must follow that which has been introduced by 
 mores and consuetude. — Immemorial (irn-eterata) 
 consuetude is properly oljservcd as a lex (pro 
 Icye), and this is the jus which is said to be 
 ' moribus constitutum.' " (Julian, Dig. 1. tit. 3. 
 E. 32.) Thus immemorial usage was the founda- 
 tion of the " jus Moribus constitutum." (See the 
 article Infamia as to the origin of Infamia.) This 
 branch of law seems sometimes to have been con- 
 sidered by the Roman jurists as law merely' by 
 force of custom, whereas such custom was only law 
 when it had been recognized by a competent 
 authority. There is however a passage of Ulpian 
 (Dig. 1. tit. 3. s. 34) in which he distinctly speaks 
 of confirming a consuetude in a judicium, which 
 can have no other meaning than that its force as 
 law depended on a decision in a judicium. And 
 the meaning is clear, whether we read contradicto 
 or contradicta in the passage just referred to. 
 
 The Roman writers indeed frequently refer to a 
 large part of their law as founded on Mores or on 
 the Mos Majorum and not on Leges. (Quint. Instil. 
 Orat. V. 10.) Thus Ulpian (Dig. 1. tit. 6. s. 8) 
 says that the Jus Patriae Potestatis is moribus 
 receptum. But mos contained matters relating to 
 religion as well as to the ordinary affairs of life; 
 and therefore we may also view Mos and Lex, when 
 opposed, as component parts of the Jus Civile in 
 its wider sense, but not as making up the whole of 
 it. Mores in the sense of immorality, that which 
 positive morality disapproves of, must not be con- 
 founded with jus founded on mores : the fonncr is 
 mail mores in respect of which there was often a 
 jus moribus constitutum. Tlius in the matter of 
 the dos there was a retentio in respect of the mores 
 graviores or majores, which was adultery. (Ulp. 
 Fraij. tit. G.) 
 
 The terms Jus Scriptum and Non Scriptum, as 
 explained in the Institutes (i. tit. 2), comprehend- 
 ed the whole of the Jus Civile ; for it was all 
 either Scriptum or Non Scriptum, whatever other 
 divisions there might be. (Ulp. Dig. 1. tit. 1. s. 6.) 
 Jus Scriptum comprehended everything, except 
 that " quod usus approbavit." This division of 
 Jus Scriptum and Non Scriptum does not appear 
 in Gains. It was borrowed from the Greek writers, 
 and seems to have little or no practical applica- 
 tion among the Romans. 
 
 A division of Jus into Publicum and Privatum 
 is mentioned by the Roman jurists. (Dig. 1. tit. I. 
 s. I.) The former is defined to be that which re- 
 lates to the Status Rei Romanae, or to the Ro- 
 mans as a State ; the latter is defined to be that 
 which relates " ad singulorum utilitatein." The 
 Publicum Jus is further said by Ulpian (Dig. I. 
 tit. 1. s. I) "in sacris, in sacerdotibus, in magis- 
 tratibus consistere." According to this view, it 
 comprehends the Law of Religion and all the rest 
 : of the Jus Civile, which is not Privatum. There 
 are other significations of Jus Publicum in the Ro- 
 man jurists, but the whole division of Jus into 
 Publicum and Privatum seems to be founded on no 
 principle and is very confused. The elementary 
 treatise of Gaius does not mention this division, 
 and it is limited to the Jus Privatum. Justinian 
 in his Institutes, after making this division of Jus 
 into Publicum and Privatum, says, " we must 
 therefore treat of Jus Privatum," from which it 
 appears that he did not contemplate treating of Jus 
 Publicum. The title De Judiciis Publicis, the 
 last in the Institutes, does not belong to Jus 
 Publicum, as above defined ; and yet it is diflicult 
 to conceive how some of the matters involved in 
 Judicia Publica were not viewed as belonging to 
 Publicum Jus, though certainly all of them could 
 not so be viewed. (See Cic. Pro Balho, 15; Pro 
 Mil. 26.) 
 
 The Jus Quiritium is equivalent to the Jus 
 Civile Romanorum. Accordingly we find the ex- 
 pressions Dominus and Dominium Ex Jure Quiri- 
 tium, as contrasted with In bonis [Doaiixium] ; 
 and a Latinus, if he obtained from the imperntor 
 the Jus Quiritium, obtained the Roman civitas. 
 (Ulp. Fray. tit. 3.) The terms Jus Quiritium and 
 the Romana civitas are therefore identical in this 
 passage. Such part of the Roman law, ni its 
 widest sense, as related to buying, selling, letting, 
 hiring, and such obligations as were not founded 
 on the Jus Ci\ale, were considered to belong to the 
 Jus Gentium (Dig. 1. tit. 1. s. 5), that is the Jus 
 
JUS. 
 
 JUS. 
 
 541 
 
 Naturale. (Gains, ii. 65.) Accordingly when I 
 ownersliip could be acquired by tradition, occupa- i 
 tion, or in any other vfny, not specially provided 
 for by the Jus Civile, such ownership was ac- 
 quired by the Jus Gentium. When the Jus Civile 
 prescribed certain forms by which ownership was 
 to be transferred, and such forms were not ob- 
 served, there was no ownership Jure Civili or Jure 
 Quiritium, but there was that interest which was 
 called In bonis. It is not said by Gaius (ii. 40, 
 &c.) that the In bonis arose by virtue of the Jus 
 Gentium, and it may perhaps be concluded that he 
 did not so view it ; for in another passage (ii. (io), 
 he speaks of alienation or change of ownership 
 being effected either by the Jus Naturale, as in 
 the case of tradition, or by the Jus Civile, as in 
 the case of inancipatio, in jure cessio, and usuca- 
 pion. In this passage he is speaking of alienation, 
 which is completely effected by tradition, so that 
 there is a legal change of ownership recognized by 
 Roman law ; not by Roman law, specially as such, 
 but by Roman law as adopting or derived from the 
 Jus Gentium. In the other case (ii. 40) there is 
 no ownership either as recognized by Roman law 
 as such, or b}- Roman law as adopting the Jus 
 Gentium : the In bonis is merely recognized by the 
 Praetorian Law, to which division it therefore be- 
 longs. So far as the equity of the praetor may be 
 said to be based on the Jus Gentium, so far may 
 the In bonis be said to be founded on it also. 
 Properl}' speaking, the Jus Gentium was only re- 
 ceived as Roman law, when it did not contradict 
 the Jus Civile ; that is, it could only have its full 
 effect as the Jus Gentium when it was not contra- 
 dicted or limited bj' the Jus Civile. When it was 
 so contradicted or limited, the praetor could only 
 give it a partial effect, but in so doing, it is obvious 
 that he was endeavouring to nullify the Jus Civile 
 and so to make the Jus Gentium as extensive in 
 its operation, as it would have been but for the 
 limitation of the Jus Civile. The bounds that 
 were placed to this power of the praetor were not 
 very definite. Still he generally fashioned his Jus 
 Praetorium after the analogy of the Jus Civile, and 
 though he made it of no effect as against his Jus 
 Praetorium, he maintained its form and left it to 
 its full operation, except so far as he necessarily 
 limited its operation by his own Jus Praetorium. 
 
 Jus used absolutely is defined to be " ars boni 
 et aequi" (Dig. 1. tit. 1. s. 1), which is an absurd 
 definition. What it really is, may be collected 
 from the above enumeration of its parts or divi- 
 sions. Its general signification is Law, and in this 
 sense it is opposed to Lex or a Law. Lex how- 
 ever, as already shov/n, is sometimes used generally 
 for Law, as in the instance from Cicero where it is 
 opposed to Natura. Lex therefore in this general 
 sense comprehends leges and all the other parts of 
 the Jus Civile. In its special sense of a Law, it 
 is included in Jus. Jus is also used in the plural 
 number (Jura) apparently in the sense of the 
 component parts of Jus, as in Gaius (i. 2), where 
 he says "• Constant autem jura ex legibus," &c. ; 
 and in another passage (i. 158) where he says vvith 
 reference to the Agnationis Jus or Law of Agnatio, 
 and theCognationisJus or Law of Cognatio, " civilis 
 ratio civilia quidem jura corrumpere potest." In- 
 deed in this passage Agnationis Jus and Cognationis 
 Jus are two of the Jura or parts of Jus, which 
 with other Jura make up the whole of Jus. Again 
 (Gaius, ii. 62), that provision of the Lex Julia de 
 
 Adulteriis, which forbade the alienation of the 
 Fundus Dotalis, is referred to thus — " ciuod quidem 
 jus," "which rule of law" or "which law" — it 
 being a law comprehended in another law, which 
 contained this and many other provisions. Thus 
 though Lex in its strict sense of a Law is different 
 from Jus in its large sense, and though Jus, in its 
 narrower sense, is perhaps never used for a Lex, 
 still Jus, in this its narrower sense, is used to ex- 
 press a I'ule of law, or a law. Thus Gaius (i. 47) 
 speaks of the ju7-a or legal provisions comprised in 
 the Le.x Aelia Sextia ; and oijura as based on the 
 Responsa Prudentium. 
 
 Jus has also the special meaning of a faculty or 
 legal right. Thus Gaius says, " it is an actio in 
 rem, when we claim a corporeal thing as our own, 
 or claim some jus as our own, such as a jus utendi, 
 eundi, agendi." Tlie parental power is called a 
 " Jus proprium civium Ronianorum." The mean- 
 ing of Iwv generally, and of a lc(ial riyhl, arc ap- 
 plied to Jus by Cicero in the same sentence : " If 
 a man ignorant of law {imperitiis Juris), seek to 
 maintain my right (memnjus) by the Interdict." ( Pro 
 Caecina,c. 11.) As the several rules of law which 
 are often comprised in one lex, or whicli make up 
 the whole body of Jus (Law), may be called jura 
 with reference to their object, so the various legal 
 rights which are severally called jus with reference 
 to some particular subject, may be collectively 
 called jura. Thus we find the phrase Jura Parentis 
 to express all the rights that flow from the fact of 
 paternity. 
 
 The phrase Jui'a Praediorum, which is used by 
 the Roman Jurists, is somewhat peculiar, and open 
 to objection. 
 
 The potestas which a Roman father had over his 
 children being a jus or legal right, there hence arose 
 the distinction of persons into those who are sui 
 and those who are alieni juris. All the rights of 
 such persons severally are represented by the col- 
 lective phrase " Jus Personarum," or that division 
 of the whole matter of Jus which treats of the 
 status of persons, in other words, the Law of 
 Persons. 
 
 This leads to the mention of another division of 
 the matter of law which appears among the Ro- 
 man Jurists, namely, the Law of Persons; the 
 Law of Things, which is expressed by tiie phrase 
 "jus quod ad res pertinet;" and the Law of Ac- 
 tions, "jus quod ad actioncs pertinet." (Gaius, i. 
 8.) In his first book Gaius treats of the Law of Per- 
 sons, in the fourth he treats of the Law of Actions ; 
 and accordingly the second and third contain the 
 Law of Things, to express which he does not use 
 a phraseology analogous to that of " Jus Person- 
 arum ;" but he says he will treat De Rebus. This 
 division of the "jus quod ad actiones pertinet" is 
 explained in the article Actio. 
 
 The adjecti\ e Justuin often occurs in the Latin 
 writers, in the sense of that which is consistent 
 with Jus or Law, or is not contrary to law. Thus 
 it is a justum (legal) matriinonium, if there is con- 
 nubium between the two parties to the mar- 
 riage. The word .lustum has many varieties of 
 meaning, which may generally be derived, without 
 much difficulty, from the meanings of Jus. 
 
 Jus is opposed to Judicium, and a thing was said 
 to be done in jure or in judicio, according as it was 
 done before the magistratus or before a judex. [Ju- 
 dicium.) Thus all matters of legal question were 
 said to be done '■ aut ad populura, aut in jure, aut 
 
542 
 
 JUSTINIANEUS CODEX. 
 
 LABYRINTHUS. 
 
 ad judicem." (Plaut. IMenaech. iv. 2. v. 18.) Jus, 
 in the sense of tlie place " in quo jus redditur," is 
 only an application of the name of what is done to 
 the place in which it is done. The expression Jus 
 Dicere is explained under .Jurisdictio. There are 
 other meanings of Jus, but they are unimportant 
 or may be deduced from what is here said. [G.L.] 
 JUS AELIA'NUM was a compilation by 
 Sextus Aelius Pactus, sumamed Catus, who was 
 consul B. c. 198 (Liv. xxxii. 7), and who is called 
 by his contemporary Ennius, " egregie cordatus 
 homo." He is also frequently mentioned with 
 praise by Cicero {De Rep. i. 18 ; De Or. i. 45 ; 
 iii. 33). The Jus Aelianum, also called Tripertita, 
 contained the Laws of the Twelve Tables, an in- 
 terpretatio, and the Legis Actiones. This work 
 existed in the time of Poniponius. (Dig. 1. tit. 2. 
 s. 2. § 38.) Cicero also speaks of some commen- 
 tarii by Aelius. {Dc Orat. i. 56 ; Top. 2.) [G. L.] 
 JUS APPLICATIO'NIS. [Banishment 
 (Roman), p. 127.] 
 JUS CIVI'LE. [Jus.] 
 JUS CIVILE FLAVIA'NUM. Appius 
 Claudius Caecus, who was censor B. c. 312, is 
 said to have drawn up a book of Actiones or forms 
 of procedure, which his clerk Cn. Flavins made 
 public. (Cic. De Or. i. 41.) According to one 
 story (Dig. 1. tit. 2. s. 7) Flavins surreptitiously 
 obtained possession of the book of Appius, and 
 was rewarded by the people for his services by 
 being made Tribunus Plebis and Cumle Aedile. 
 The effect of this publication was to extend the 
 knowledge and the practice of the law to the ple- 
 beians, and to separate the Jus Civile from the 
 Jus Pontificium. [G. L.] 
 
 JUS CIVILE PAPIRIA'NUM or PA- 
 PISIA'NUM was a compilation of the Leges 
 Regiae or laws passed in the kingly period of 
 Rome. This compilation was commented on 
 by Granius Flaccus in the time of Julius Caesar 
 (Dig. 50. tit. IG. s. 144), to which circumstance 
 we probably owe the preservation of existing frag- 
 ments of the Leges Regiae. There is great doubt 
 as to the exact character of this compilation of 
 Papirius, and as to the time when it was made. 
 Even the name of the compiler is not quite certain, 
 as he is variously called Caius, Sextus, and 
 Publius. The best notice of the fraginents of the 
 Leges Regiae is by Dirksen, in his " Vcrsuchen 
 zur Kritik und auslegung der Quellen des Ro- 
 mischen Rcchts." See also ^imuieni, Gcsckickle 
 des Horn. Privatrechts. [G. L.] 
 
 JUS GE'NTIUM. [Jus.] 
 JUS GENTILl'TIUM. [Gens.] 
 JUS HONORA'RIUM. [Edictum, p. 36fa-.] 
 JUS ITA'LICUM. [CoLUNiA, p. 257, 258.] 
 JUS LA'TII. [CiviTAS ; Latinitas.] 
 JUS LIBERO'RUM. [Julia et Papia Pop- 
 PAEA Le.x, p. 536.] 
 JUS PONTIFI'CIUM. [Jus, p. 539, 540.] 
 JUS PU'BLICUM, PRIVA'TUM. [Jus, 
 p. 540.] 
 
 JUS QUIRI'TIUM. [CiviTAS ; Jus.] 
 JUS RESPONDENDI. [Jurksconsulti.] 
 JUS VOCATIO, IN. [Actio, p. 8.] 
 JUSJURANDUM. [Oath.] 
 JUSJURANDUM CALU'MNIAE.[Calum- 
 nia.] 
 
 JUSTA FUNERA. [Funera, p. 4.39.] 
 JUSTINIANB'US codex. [Codex Jus- 
 t1nianeu.s.] 
 
 JUSTI'TIUM. [FuNus, p. 443.] 
 JUSSU, QUOD, ACTIO, is a Praetorian 
 actio which a man had against a father or master 
 of a slave (domimis), if a filiusfamilias or a slave 
 had entered into any contract at the bidding 
 (jusaii) of the father or master, for the full amount 
 of the matter in dispute. He who thus contracted 
 with a filiusfamilias or a slave, was not considered 
 to deal with them on their own credit, but on that 
 of the father or master. This Actio is classed by 
 Gains \vith the Exercitoria and Institoria. (Gains, 
 iv. 70; Dig. 15. tit. 4.) [G.L.] 
 
 K. See C. 
 
 L. 
 
 LA'BARUM. [SiGNA Militaria.] 
 
 LABYRINTHUS (Kaevpivdos). This word 
 appears to be of Greek origin, and not of Egyptian 
 as lias generallj' been supposed ; it is probably a 
 derivative fomi of Aa'Sipoy, and etymologically con- 
 nected with Kavpai, Accordingly, the proper de- 
 finition of labyrinthus is, a large and complicated 
 subterraneous cavern with numerous and intricate 
 passages, similar to those of a mine. (Welcker, 
 Aenc/it/l. Triloij. p. 212, &c.) Hence the caverns 
 near Nauplia in Argolis were called labyrinths. 
 (Strabo, viii. 6. p. 195. Tauchnitz.) And this is 
 indeed the characteristic feature of all the struc- 
 tures to which the ancients apply the name laby- 
 rinth, for they are always described as either en- 
 tirely or partially under ground. 
 
 The earliest and most renowned labjTinth was 
 that of Egypt, which lay beyond lake Moeris, at a 
 short distance from the city of Crocodiles ( Arsinoe), 
 in the province now called Faioum. Herodotus 
 (ii. 148) ascribes its construction to the dode- 
 carchs (about 650 b. c), and Mela (i. 9) to Psam- 
 metichus alone. But other and more probable 
 accounts refer its construction to a much earlier 
 age. (Plin. //. A^. xxxvi. 13 ; Died. Sic. i. 61. 89 ; 
 Strabo, xvii. l.p. 454, &c., and p. 458. Tauchnitz.) 
 This edifice, which in grandeur even excelled the 
 pjTaraids, is described by Herodotus and Pliny 
 (//. ec). It had 3000 apartments, 1500 under 
 ground, and the same number above it, and the 
 whole was surrounded by a wall. It was divided 
 into courts, each of which was surrounded by 
 colonnades of white marble. At the time of Dio- 
 doi-us and of Pliny the Egyptian labyrinth was 
 still extant. But the ruins which modern travel- 
 lers describe as relics of the ancient labyrinth, as 
 well as the place where they saw them, do not 
 agree with what we know from the best ancient 
 authorities respecting its architecture and its site. 
 (British Mus. Egyptian Antiq. vol. i. p. 54.) The 
 purpose which this labii'rinth was intended to 
 serve, can only be matter of conjecture. It has 
 been supposed by some writers that the whole 
 arrangement of the edifice was a sjTnbobcal repre- 
 sentation of the zodiac and the solar system. 
 Herodotus who saw the upper part of this laby- 
 rinth, and went through it, was not permitted by 
 the keepers to enter the subterraneous part, and he 
 was told by them that here were buried the kings 
 by whom the labyrinth had been buHt, and the 
 sacred crocodiles. 
 
 The second labyrinth mentioned by tno ancients 
 
LACERNA. 
 
 LACINIAE. 
 
 543 
 
 was that of Crete, in the neighbourhood of Cnos- 
 sus : Daedalus was said to have built it after the 
 model of the Egyptian, and at the command of 
 king Minos. (Pliji. Diod. II. cc.) This labyrinth 
 is said to have been only one hundredth part the 
 size of the Egyptian, and to have been the habita- 
 tion of the monster Minotaurus. Although the 
 Cretan labyrinth is very frequently mentioned by 
 ancient authors, yet none of them speaks of it as 
 an eyewitness ; and Diodorus and Pliny expressly 
 state tliat not a trace of it was to be seen in their 
 days. These circumstances, together with the im- 
 possibility of accounting for the objects which a 
 Cretan king could have had in view in raising such 
 a building, have induced almost all modern writers 
 to deny altogether the existence of the Cretan 
 labyrinth. This opinion is not only suppcu'ted by 
 some testimonies of the ancients themselves, but 
 by the peculiar nature of some parts of the island 
 of Crete. The author of the Etyniologicum Magn. 
 calls the Cretan labyrinth "a mountain with a ca- 
 vern," and Eustathius 0(/;/ss. xi.) calls it "a 
 subterraneous cavern ;" and similar statements are 
 made by several other writers quoted by Meursius 
 (Creia, p. t>7 and (ii)). Such large caverns actually 
 exist in some parts of Crete, especially in the 
 neighbourhood of the ancient town of Gortys ; and 
 it was probably some such cavern in the neigh- 
 bourhood of Cnossus that gave rise to the story of 
 a labyrinth built in the reign of Minos. ( See Wal- 
 pole's Travels, p. 402, &c. ; Ilockh, Krcla, i. p. 
 56, &c.) 
 
 A third labyrinth, the construction of which be- 
 longs to a more historical age, was that in the 
 island of Lennios. It was commenced by Smilis, 
 an Aeginetan architect, and completed by Rhoecus 
 and Diodorus of Samos, about the time of the tirst 
 Oympiad. (Plin. c.) It was in its constiniction 
 similar to tlie Egyptian, and was only distinguish- 
 ed from it by a greater number of columns. Re- 
 mains of it were still extant in the time of Pliny. 
 It is uncertain whether this labyrinth was intend- 
 ed as a temple of the Cabiri, or whether it had 
 any connection with the art of mining. (Welcker, 
 Aesdnjl. Ti-il. I. c.) 
 
 Samos had likewise a labj'rnith, which was built 
 by Theodorus, the same who assisted in building 
 that of Leranos ; but no particulars are known. 
 (Plin. H. N. xxxiv. 8.) 
 
 Lastly, we have to mention a fabulous edifice in 
 Etruria, to which Pliny applies the name of laby- 
 nnth. It is described as being in the neighbour- 
 hood of Clusium, and as the tomb of Lar Porsenna. 
 But no writer says that lie ever saw it, or remains 
 of it ; and Pliny, who thought the description which 
 he found of it too fabulous, did not venture to give 
 it iu his own words, but quoted those of Varro, 
 who had probably taken the account from the po- 
 pular stories of the Etruscans themselves. It was 
 said to have been built partly under and partly 
 above ground, whence the name labyrinth is cor- 
 rectly applied to it. But a building like this, says 
 Niebuhr {llht. of Rome, i. p. 1 30. note 405), is 
 absolutely impossible, and belongs to the Arabian 
 Nights. [L. S.] 
 
 LABRUM. [Baths, p. 140.] 
 
 LACERNA (|UocSuas, lUavSurj) was a cloak 
 worn by the Romans over the toga, whence it is 
 called by Juvenal (ix. 28) " munimentum togae." 
 It differed from the paenula in being an open gar- 
 ment like the' ureek pallium, and fastened on the 
 
 right shoulder by means of a buckle {fihida), 
 whereas tlie paenula was what is called a vestiim/i- 
 tuiii claasum with an opening for the head. [Pae- 
 nula.] The Lacerna appears to have been com- 
 monly used in the anuy (Paterc. ii. 70. 80 ; Ovid, 
 Fad. ii. 746 ; Prop. iv. iii. 18), but in the time of 
 Cicero was not usually worn in the city. (Cic. Philip. 
 ii. 30.) It soon afterwards, however, became quite 
 connnon at Rome, as we learn from Suetonius, who 
 says {Auif. 40) that Augustus, seeing one day a 
 great number of citizens before his tribunal dressed 
 in the lacerna, which was commonly of a dark 
 colour (jmllati), repeated with indignation the 
 line of Virgil, 
 
 " Romanes rerum dominos, (/mfenujue ior/atant,'''' 
 and gave orders that the Aediles should henceforth 
 allow no one to be in the forum or circus in that 
 dress. 
 
 Most persons seem to have carried a lacerna 
 or paenula with them, when they attended the 
 public games, to protect them from the cold or rain 
 (I)io,lvii. 1 3) ; and thus we are told that the equites 
 used to stand up at the entrance of Claudius and 
 lay aside their lacernae. (Suet. Claud. 6.) 
 
 The lacerna was usually, as already remarked, 
 of a dark colour (fitsci colores. Mart. i. 97. 9) and 
 was frequently made of the dark wool of the 
 Baetic sheep (Baeticae lacernae, xiv. 133). It was, 
 however, sometimes dyed with the Tyrian purple, 
 and with other colours. (Juv. i. 27 ; Mart. i. 97.) 
 Martial (viii. 10) speaks of laceniae of the former 
 kind, which cost as much as 10,000 sesterces. 
 When the emperor was expected at the public 
 games, it was the practice to wear white lacernae 
 only. (Mart. iv. 2 ; xiv. 1 37.) 
 
 The lacerna was sometimes thrown over the 
 head for the purpose of concealment (Hor. Sat. u. 
 vii 55) ; but a cucullus or cowl was generally used 
 for that purpose, which appears to have been fre- 
 quently attached to the lacerna, and to have form- 
 ed a part of the dress. (Mart. xiv. 139. 132.) See 
 Becker, Gallus, ii. p. 95, &c. [Cucullus.] 
 
 LACI'NIAE, the angular extremities of the 
 toga, one of which was brought round over the left 
 shoulder. It was generally tucked into the girdle, 
 but sometimes was allowed to hang down loose. 
 Plautus(iV/ercai.Lii. 16) indicates that it occasionally 
 served for a pocket-handkerchief (At tu edepol 
 Slime laciniain atque absterge sudorciii libi) : Velleius 
 Paterculus (ii. 3) represents Scipio Nasica as wrap- 
 ping the lacinia of his toga round his left arm for 
 a shield (compare Val. Max. in. ii. 17) before he 
 rushed upon Tiberius Gracchus ; while, according 
 to Servius (ad Virg. Ae/i. vii. 612), the Cinctus 
 Gabinus was formed by girding the toga tight 
 round the body by one of its laciniae or loose ends. 
 These expressions are quite irrcconcilcable with 
 the opinion of Ferrarius and others, that the lacinia 
 was the lower border or skirt of the toga, while all 
 the passages adduced by them admit of easy ex- 
 planation according to the above view. The lacinia 
 was undoubtedly permitted by some to sweep the 
 groiuid, especially by such as wore their gannents 
 loosely. Thus Macrobius (Sat. ii. 3) remarks upon 
 one of Cicero's witticisms, "Jocatus in Caesarem 
 quia ita praecingebatur, ut.trahendo laciniam velut 
 mollis incederet," which corresponds with the well- 
 known caution of Sulla addressed to Pompey, 
 " Cave tibi ilium puerum male praecinctum," and 
 Suetonius tells how the emperor Caius, being filled 
 with jealousy on account of the plaudits lavished 
 
544 
 
 AAMnAAH*OPl'A. 
 
 AAMnAAH*OPIA. 
 
 on a gladiator, hurried out of the theatre in such 
 haste " ut calcata laciuia togae praeceps per gradus 
 iret." Moreover, the secondary and figurative 
 meanings of the word, namely, a raij (Plin. II. N. 
 xix. 7), a narrouj nej:k of land (Id. v. 3"2), 
 the point of a leaf (Id. xv. 30), the e^-crcfcences 
 which hancj down from the veck of a she-ffocit (Id. 
 viii. 50), &c., accord perfectly with the idea of /he 
 angular eictreinity of a pi,:ce of cloth, but can scarce- 
 ly be connected naturally with the notion of a 
 border or shirt. 
 
 The corresponding Greek term was Kpaa-ViSov, 
 and perhaps irTepi;7ioj' ( Pollu.x considers these syno- 
 nymous) ; and accordingly Plutarch (6Vacc/i. 19)and 
 Appian (Bell. Civ. i. 10) employ the fonner in nar- 
 rating the story of Scipio alluded to above, with 
 this dilFerence, however, that they describe him as 
 throwing to KpaaTreSov tov lixarlov over his head 
 instead of twisting it round his arm. [W. R.] 
 
 LACO'NICUM. [Baths, p. 134. 139, 140, 
 141.] 
 
 LACTA'RIUS. [PisTOR.] 
 LACU'NAR. [House (Roman), p. 500.] 
 LAENA, the same word with the Greek 
 
 X^aiva, and radically coiuiected with Kdx'^, lana, 
 
 &c. 
 
 1. It signifies, properly, a woollen cloak, the 
 cloth of which was twice the ordinary thickness 
 (^duariim toi/arum instar, Varro, dc Liiir/ Lat. v. 
 133. Muller),and therefore termed (/«jo&a (Festus, 
 s. V. Laena ; Serv. ad Virg. Aen. iv. Siji), 
 shaggy upon both sides (Schol. ad Juv. iii. 
 283), worn over the pallium or the toga for the 
 sake of warmth. (Mart. xiv. 136.) Hence per- 
 sons carried a laena with tliem when they went 
 out to supper (Mart. viii. 59); and the rich man in 
 Juvenal, who walks home at night escorted by a 
 train of slaves and lighted on his way by flam- 
 beaux, is wrapped in a scarlet laena. (Juv. iii. 
 283.) 
 
 2. A robe of state, forming, it is said, in ancient 
 times part of the kingly dress. (Pint. Num. 7.) 
 
 3. The flamines offered sacrifice in a laena 
 which was fastened round the throat by a clasp, 
 and in the case of the dialis was woven by the 
 hands of the flaminica. (Serv. ad Virg. Aen. iv. 
 2G2 ; Cic. Brut. 57.) 
 
 4. In later times the laena seems, to a certain 
 extent, to have boon worn as a substitute for the 
 toga. Thus the courtly bard in Persius (i. 32) is 
 introduced reciting his f;ushionable lays with a 
 violet-coloured laena over his shoulders, and we 
 gather from Juvenal (v. 130 ; vii. 73) that it was 
 an ordinary article of dress among the poorer 
 classes. (Becker, Galliis, ii. p. 99.) 
 
 5. Nonius defines it to be " vestimentum mili- 
 tare quod supra omnia vestimcnta sumitur," but 
 quotes no authority except Virg. Aen. iv. 262. 
 
 [W. R.] 
 
 AAMnAAH4>OPl'A, torch-bearing (as Herodotus 
 calls it), or \anTraSriSpop.'ia, torch-race (as some 
 lexicographers), also Aa/xiradoOxos dywu, and 
 often simply Aofiiras, was a game common no 
 doubt throughout Greece ; for though all we know 
 concerning it belongs to Athens, yet we hear of it 
 at Corinth, Pergamus, and Zerinthus (Bdckh, 
 Folit. Econ. of Athens, ii. p. 219 ; Miiller, Minerv. 
 Polios, p. 5) ; and a coin in Mionnet, with a Ao/i- 
 iraj on it, which is copied below, bears the legend 
 ''Afi<pntoKvT(iv, 
 
 At Athens we know of five celebrations of this 
 
 game : one to Prometheus at the Prometheia 
 (Schol. ad Aristoph.Ran. 131; Ister. ap.Harpocr. 
 s. r.); a second to Athena at the Panathenaea * 
 (Herod, vi. 105, and//, cc); a third to Hephaistos 
 at the Hephaistciat (Herod, viii. 9, and //. cc); a 
 fourth to Pan (Herod, vi. 105); a fifth to the 
 Thracian Artemis or Bendis. (Plat, de Bep.y .'^28. 
 A.) The three fonuer are of unknown antiqu ty ; 
 the fourth was introduced soon after the battle of 
 Marathon ; the last in the time of Socrates. 
 
 The race was usually run on foot, horses being 
 first used in the time of Socrates (Plat. I. c.) ; 
 sometimes also at night. (Inteipr. vetus ad Liicret. 
 ii. 77, ap. Wakef.) The preparation for it was a 
 principal branch of the yvjivaaiapxia, so much so 
 indeed in later times, that Aa^iTraSapx'" seems to 
 have been pretty nuich equivalent to the ■yvfj.vaai- 
 apx^a. (Aristot. Pol. v. 8. 20.; The gj-mnasiarch 
 had to provide the Ka^iiras, which was a candle- 
 stick with a kind of shield set at the bottom of 
 the socket, so as to shelter the flame of the candle ; 
 as is seen in the following woodcut, taken from a 
 coin in Mionnet (pi. 49. 
 6). He had also to pro- 
 vide for the training of the 
 runners, which was of no 
 slight consequence, for the 
 race was evidently a 
 severe one (compare Aris- 
 toph. Vesp. 1203, Ran. 
 1085), with other ex- 
 penses, which on the whole 
 were very heavy, so that 
 
 Isaeus {de Philoct. Hacred. p. 62. 20) classes 
 this office with the x"/")?'" and rpiripapxM, and 
 reckons that it had cost him 1 2 minae. The dis- 
 charge of this office was called •yvfivao'iapx^^" 
 XafjLirdZi (Isaeus, /. c), or tv rais Kaiiirdai yvfii/a- 
 criapx^'c^ai (Xen. de Vectig. iv. 52). The victo- 
 rious gymnasiarch presented his Ka/xTrds as a votive 
 offering ( duddrifia, Bockh, hiscr. No. 243. 250). 
 
 As to the manner of the KaixiraZ-r)<pop'ia, there 
 are some things difficult to understand. The case 
 stands thus. We have two accounts, which seem 
 contradictory. — First, it is represented as a course, 
 in which a Kajiirds was carried from one point to 
 another by a chain of runners, each of whom 
 formed a successive link. The first, after running 
 a certain distance, handed it to the second, the 
 second in like manner to the third, and so on, till 
 it reached the point proposed. Hence the game is 
 used by Herodotus (viii. 98) as a comparison 
 whereby to illustrate the Persian dyyaprjiov, by 
 Plato {Legg. p. 776. b) as a lively image of suc- 
 cessive generations of men, as also in the well- 
 known line of Lucretius (ii. 77), 
 
 " Et quasi cursores vital lampada tradunt." 
 (Compare also Auctor ad Ilerenn. iv. 46.) And 
 it is said that the art consisted in the several run- 
 ners carrying the torch unextinguished through 
 their respective distances, those who let it go out 
 losing all share of honour. Now, if this were all, 
 such explanation might content us. But, secondly, 
 we are plainly told that it was an dfiiv, the run- 
 ners are said dfiiKKaadai (Plat. Bep. I.e.) ; some are 
 said to have won (viKaf \afiirdSi, Andoc. in Alcib. 
 
 * Probably the greater Panathenaea. (Bockh, 
 ubi supr.) 
 
 f The ceremony at the Apaturia was different. 
 [Apaturia.] 
 
AAMnAAH*OPl'A. 
 
 AA'*PIA. 
 
 645 
 
 ad, fin.; compare Bockh, Tiise. No. 243, 244); tlie 
 Schol. on Aristoph. Ran. (/. c.) talks of toi)s 
 ioTarovs rpixovTas,\v\nc\\ shows tliat it must have 
 been a race between a number of persons ; the 
 Schol. on the same play (v. 133) speaks of d.<puvai 
 rovs Spo/xea!, rovs rptxovTas, which shows that a 
 number must have started at once. 
 
 This second account implies competition. But 
 in a chain of runners, each of whom handed the 
 torch to the next man sunvssivcli/, where could the 
 competition be ? One runner might be said to 
 lose — he who let the torch out; but who could be 
 said to ivin ? 
 
 We offer the following hypothesis in answer to 
 this question. Suppose that there were several 
 diaiiis of runners, each of which had to carry the 
 torch the given distance. Then both conditions 
 ■would be fulfilled. The torch would be handed 
 along each chain, — which would answer to the first 
 condition of successive delivery. That chain in 
 which it travelled most quickly and soonest reach- 
 ed its destination would be the winner,- — which 
 would answer to the second condition, its being a 
 race between competitors. 
 
 In confinnation of this hypothesis we observe as 
 follows : — The inscription in Bockh, No. 245, 
 consists of the following lines : — 
 
 KauiraSa vei/f^trar (xvu t<pri§ois Trjv S' dvi6r\Ka 
 EuTu^i'oTjj irais iov Evtvx'iSovs 'Mfxovfvs. 
 
 This Eutychides was no doubt the gpnnasiarch 
 who won with the ((priSoi he had tranied, just as 
 Andocides (I.e.) talks of his veviKtjKevat XaixirdSi 
 as gynnnasiarch ; so too Inscr. No. 250 records a 
 like victorj- of the tribe Cecropis.* Now we know 
 that the gymnasiarchs were chosen one from each 
 Tribe. If then each furnished a chain of Aa;U7raSr;<fo- 
 poi, there would have been ten (in latertimes twelve) 
 chains of runners. Perhaps, however, the gym- 
 nasiarchs were not all called on to perform this 
 service, but each once only in the year, which would 
 allow us for each of the three greater celebrations 
 (the Prometheia, Panathenaea, and Hephaisteia) 
 three or four chains of competitors. 
 
 The place of running was, in these great celebra- 
 tions, from the altar of the Three Gods (Prome- 
 theus, Athena, and Ilephaistos) in the outer 
 Cerameicus to the Acropolis, a distance of near half 
 a mile. (Pausan. i. 30. 2 ; Schol. Ad. Run. 1085.) 
 That in honour of Bendis was ran in the Peiriieus. 
 (Plat. I. c.) 
 
 The orujin of these games must be sought, we 
 think, in tlie worship of the Titan Prometheus. 
 The action of carrying an unextinguished light 
 from the Cerameicus to the Acropolis is a lively 
 symbol of the benefit conferred by the Titan upon 
 man, when he bore fire from the habitations of 
 the gods, and bestowed it upon man. 
 
 KXetpas dicaiMToio wpbs rr\Kt(rKO-nov avyrjv 
 4v /foi'Ao) vapBriKi. (Hesiod. Tlieoi). 5GG. Gaisf.) 
 But the gratitude to the giver of fire soon passed 
 to the Olympian gods who presided over its use, 
 — Hephaistos, who taught men to apply it to the 
 
 * No. 244 gives a list of ol veiK^o-avTcj Trjv 
 KapLiraSa, (lie winners in the foreh-race, fourteen in 
 number. Who were these ? If the several links 
 of the winning chain, it is rather against analogy 
 that they should be named. No one ever heard 
 tlie names of a chorus : yet they can hardly be 
 fourteen winning gymnasiarchs. 
 
 melting and moulding of metal, and Athena, who 
 carried it through the whole circle of useful and 
 ornamental arts. To these three gods, then, were 
 these games at first devoted, as tlie patrons of fire. 
 And looking to the place it was run in — the 
 Cerameicus or Potters' quarter — we are much in- 
 clined to adopt Welcker's suggestion (Aese/i_i/lise/ie 
 Trilurjie, p. 121), viz. tha't it was the Kspafneis or 
 potters who instituted the \afnraSr](f>opla. Athena 
 (as we learn from the Kepafxls) was their patron 
 goddess ; and who more than they would have 
 reason to be thankful for the gift and use of fire ? 
 Pottery would be one of the first modes in which 
 it would be made serviceable in promoting the arts 
 of life. In later times the same honour was paid to 
 all gods who were in an}' way connected with fire, 
 as to Pan, to whom a perpetual fire was kept up in 
 his grotto under the Acropolis, and who was in 
 this capacity called by the Greeks Phaiietes, by 
 the Romans Lucidus ; so also to Artemis, called 
 by Sophocles 'Aiji.<piiTvpos, and worshipped as the 
 moon. (Creuzer, Si/mholique, ii. p. 752. 764, 
 French transl.) At first, however, it seems to 
 have been a sjinbolic representation in honour of 
 the gods who gave and taught men the use of 
 material jnouldim/ fire {iravTexfov wvp, 5i5d(rKa\os 
 Tex"!)?, as Aeschylus calls it. Prom. 7, 110), 
 though this special signification was lost sight of 
 in later times. Other writers, in their anxiety to 
 get a common signification for all the times and 
 modes of the \ap.irair\<pop'ia, have endeavoured to 
 prove that all who were honoured by it were con- 
 nected with the heavenly bodies, Aa/xTrpol Swaaral, 
 (so Creuzer, /. c. ; Muller, Minerva Polios., -p. h); 
 others that it always had an inner signification, 
 alluding to the inward fire by which Prometheus 
 put life into man (so Brdnsted, Vot/a(/es, Sic. ii. 
 p. 206. note 2). But t/iis legend of Prometheus 
 was a later interpretation of the earlier one, as may 
 be seen by comparing Plat. Protay. p. 321 D, with 
 Hesiod, Thmg. 561, sq. [H. G. L.] 
 
 LAMPAS. [AAMnAAH*OPl'A.J 
 
 LA'NCEA. [IlASTA, p. 4G8.] 
 
 LANI'STA. [Gladiatores, p. 455.] 
 
 LANX, dim. LANCULA, a hirge dish, made 
 of silver or some other metal, and sometimes era- 
 bossed, used at splendid entertainments to hold 
 meat or fruit (Cic. ad Alt. vi. 1 ; Hor. Sat. ii. ii. 
 4 ; II. iv. 41 ; Ovid, de Ponto, iii. v. 20 ; Petron. 
 31) [CoENA, p. 251]; and consequently at sacri- 
 fices (Virg. Geon/. ii. 194. 394 ; Acn. viii. 2f!4 ; xii. 
 215 ; Ovid, de Ponto, iv. viii. 40) and funeral 
 banquets (Propert. ii. xiii. 23) [FuNus, p. 442, 
 443]. The silver dishes, used by the Romans at 
 their grand dinners, were of a vast size, so that a 
 boar, for example, might be brought whole to ta- 
 ble. (Hor. I. c.) They often weiglied from 100 to 
 500 pounds. (Plin. //. A^. xxxiii. 52.) 
 
 The balance (Libra bilana; Mart. Cap. ii. 180) 
 was so called, because it had two metallic dishes. 
 (Cic. Acad. iv. 12; Tusc. v. 17; Virg. j4e«. xii. 
 725; Pers.iv. 10.) 
 
 When an officer entered a house for the recovery 
 of stolen goods, being nearly naked, he held a disli 
 before his face. Such a search was said to be 
 made lance et licio (Festus, s. v.; A. Gell. xi. 18). 
 [FuRTUM, p. 444.] [J. Y.] 
 
 AA'*PIA, an annual festival, celebrated at Pa- 
 trae in Achaia, in honour of Artemis, surnamed 
 Laphria. The peculiar manner in which it was 
 solemnised during the time of the Roman empire. 
 
54G 
 
 LARGITIO. 
 
 LATER. 
 
 is described by Pausanias (viii. 18. § 7). On the 
 approach of the festival the Patraeans placed in a 
 circle, around the altar of the goddess, large pieces 
 of green wood, each being sixteen yards in length ; 
 within the altar they placed dry wood. They then 
 formed an approach to the altar in the shape of 
 steps, whicli were sliglitly covered with earth. 
 On the first day of the festival a most magnifi- 
 cent procession went to the temple of Artemis, and 
 at the end of it there followed a maiden who had 
 to perform the functions of priestess on the occa- 
 sion, and who rode in a chariot drawn by stags. 
 On the second day the goddess was honoured with 
 numerous sacrifices, offered bj' the state as well as 
 by private individuals. These sacrifices consisted 
 of eatable birds, boars, stags, goats, sometimes of 
 the cubs of wolves and bears, and sometimes of the 
 old animals themselves. All these animals were 
 thrown upon the altar alive at the moment when 
 the dry wood was set on fire. Pausanias says that 
 he often saw a bear, or some other of the animals, 
 when seized by the flames, leap from the altar and 
 escape across the barricade of green wood. Those 
 persons who had thrown them upon the altar, 
 caught the devoted victims again, and threw them 
 back into the flames. The Patraeans did not re- 
 member that a person had ever been injured by 
 any of the animals on this occasion. [L. S.] 
 
 LAPIS SPECULA'RIS. [House (Roman), 
 p. 500.] 
 
 LA'QUEAR. [House (Roman), p. 500.] 
 LAQUEATO'RES. [Gladiatores, p. 455.] 
 LARA'RIUM was a place in the inner part of 
 a Roman house, which was dedicated to the Lares, 
 and in which their images were kept and worship- 
 ped. It seems to have been customary for religi- 
 ous Romans in the morning, immediately after 
 they rose, to perform their prayers in the larariimi. 
 This custom is at least said to have been observed 
 by the emperor Alexander Severus (Lamprid. Al. 
 Sev. 29. 31), who had among the statues of his 
 Lares those of Christ, Abraham, Orpheus, and 
 Alexander the Great. This emperor had a second 
 lararium, from which the first is distinguished by 
 the epithet majus, and the images of his second or 
 lesser lararium were representations of great and 
 distinguished men, among whom are mentioned 
 Virgil, Cicero, and Achilles. That these images 
 were sometimes of gold, is stated by Suetonius 
 ( Vitcll. 2). We do not know whether it was 
 customaiy to have more than one lararium in a 
 house, or whether the case of Alexander Severus 
 is merely to be looked upon as an exception. 
 
 [L. S.] 
 
 LARENTA'LIA, sometimes written LAREN- 
 TINA'LIA and LAURENTA'LIA, was a Ro- 
 man festival in honour of Acca Larentia, the wife 
 of Faustulus and the nurse of Romulus and Remus. 
 It was celebrated in December on the 10th before 
 the Calends of January. (Festus, s.ti.; Macrob. i. 
 10 ; Ovid, Fast. iii. 57.) The sacrifice in this 
 festival was performed in the Vclabrum at the 
 place which led into the Nova Via, which was 
 outside of the old city not far from the porta 
 Romanula. At this place Acca was said to have 
 been buried. ( Macrob. ^. c. ; \3.n:o, De Ling. Lat. 
 V. 23, 24.) This festival appears not to have been 
 confined to Acca Larentia, but to have been sacred 
 to all the Lares. (Hartimg, Die Religion der Roma; 
 ii. p. 14G.) 
 
 LARGI'TIO. [Ambitus.] 
 
 AA'PNAKES. [FuNUS, p. 436.] 
 
 LATER, dim. LATERCULUS {ttKMos, dim. 
 7rAic6is, irA.icfli'o!'), a brick. Besides the Greeks and 
 Romans other ancient nations employed brick for 
 building to a great extent, especially the Babylo- 
 nians (Herod i. 179; Xen. Anah. iii. 4. § 7. 11; 
 Nahum, iii. 14) and Egyptians. In the latter 
 country a painting on the walls of a tomb at Thebes 
 (Wdkinson's Maniiers and Customs, ii. p. 99) 
 exhibits slaves, in one part employed in procuring 
 water, in mixing, tempering, and canying the clay, 
 or in turning the bricks out of the mould (forma), 
 and arranging them in order on the gi'ound to be 
 dried by the sun, and in another part carrying the 
 dried bricks by means of the yoke (Asilla) to be 
 used in building. In the annexed woodcut we 
 see a m;m with three bricks suspended from each 
 end of the yoke, and beside him another who re- 
 turns from having deposited his load. 
 
 These figures are selected from the above-men- 
 tioned painting, being in fact original portraits of 
 two 'Ai7U7rT(oi ■n-\iv6o(p6pot, girt with linen round 
 the loins in exact accordance with the description 
 given of them by Aristophanes, who at the same 
 time alludes to all the operations in the process of 
 brick-making (irXivBowoua, Schol. in Find. 01. v. 
 20), which are exhibited in the Theban painting. 
 (^Aves, 1 1 32—1 1 52 ; Schol. ad he.) 
 
 The Romans distinguished between those bricks 
 which were merely dried by the sun and air {la- 
 teres crudi, Plin. H. N. xxxv. 48 ; Varro, dc Re 
 Rust. i. 14 ; Col. de Re Rust. ix. 1 ; wK'ipBos ti/xTi, 
 Paus. viii. 8. 5), and those which were burnt in 
 the kiln {cocti or coctilcs; oTrrai', Xen. Anab. ii. 4. 
 § 12; Herod. /. c). They preferred for the pur- 
 pose clay which was either whitish or decidedly 
 red. They considered spring the best time for 
 brick-making, and kept the bricks two years before 
 they were used. They made them principally of 
 three shapes ; the Lydian, which was a foot broad, 
 1^ feet long ; the tetrudoron, which was four 
 palms square ; and the pcntadoron, which was five 
 palms square. They used them smaller in private 
 than in public edifices. Of this an example is pre- 
 sented in the great building at Treves, called the 
 palace of Constantino, which is built of " bm-nt 
 bricks, each of a square form, fifteen inches in 
 diameter, and an inch and a quarter thick." ( Wyt- 
 tenbach's Guide to the Roman Antiquities of Treves, 
 p. 42.) Those bricks therefore were the pentadora 
 of Vitnivius and Pliny. At certain places the 
 bricks were made so porous as to float in water; 
 and these were probably used in the constniction 
 of arches, in which their lightness would be a great 
 
LATERNA. 
 
 LATINITAS. 
 
 547 
 
 advantage. (Plin. H. N. xxxv. 49 ; Vitruv. ii. 3.) 
 It was usual to mix straw with the clay. (Vitruv. 
 I. c: Pallad. </c lie Jiiisf. vi. 12 ; Eciod. v. 7.) In 
 building a brick wall, at least crudo latere, i. e. 
 with unburnt bricks, the interstices were fiUed 
 with clay or mud {luto. Col. 1. c), but the bricks 
 were also sometimes cemented with mortar. 
 (Wyttenbach, p. 65, 66.) For an account of the 
 mode of arranging the bricks, see Murus. 
 The Babylonians used asphaltum as the cement. 
 (Herod. /. c.) Pliny (vii. 57) caEs the brickfield 
 laiemria, and to make bricks latcres diuxre, corre- 
 sponding to the Greek nKivQovs 'iXKeiv or epveiv. 
 (Herod, i. 179 ; ii. 136.) 
 
 The Greeks considered perpendicular brick walls 
 more durable than stone, and introduced them in 
 their greatest public edifices. Brick was so com- 
 mon at Rome as to give occasion to the remark of 
 the emperor Augustus in reference to his improve- 
 ments, that, having found it brick {lateriiiam), he 
 had left it mai'ble. (Sueton. Ai/e/. 29.) The Baby- 
 lonian bricks are commonly found inscribed with 
 the characters called from their appearance arrow- 
 headed or cuneiform. It is probable that these in- 
 scriptions recorded the time and place where the 
 bricks were made. The same practice was enjoin- 
 ed by law upon the Roman brickmakers. Each 
 had his mark, such as the figure of a god, a plant, 
 or an animal, encircled by his own name, often 
 with the name of the place, of the consulate, or of 
 the owner of the kiln or the brickfield. (Seroux 
 d'Agincourt, Itee. de Fragmens, p. 82—88.) It 
 has been observed by several antiquaries, that these 
 imprints upon bricks might throw considerable 
 light upon the history and ancient geography of 
 the places where they are found. Mr. P. E. 
 Wiener has accordingly traced the 22nd legion 
 through a great part of Gennany by the bricks 
 which bear its name. {De Lerj. Rom. vie. scc.Darm- 
 stad, 1830, p. 106—137.) In Britain many Ro- 
 man bricks have been found in the country of the 
 SUures with the inscription LEG. II. AVG. 
 stamped upon them. (Archaeologia, v. v. p. 35.) 
 
 The term laterculus was applied to various pro- 
 ductions of the shape of bricks, such as pastry or 
 confectionary (Plant. Plccn. i. 2. 112; Cato, rfe 
 Re Rust. 109); and for the same reason ingots 
 of gold and silver are called lateres. (Plin. H. N. 
 xxxiii. 17.) [J. Y.] 
 
 LATERNA or LANTERNA (iWs, Aristoph. 
 Pax, 841 ; Pherecrates, p. 26. ed. Runkel ; 
 Kvxvovxos, Phrynichus, Eclog. p. 59 ; in later 
 Greek, <pav6s, Athen. xv. 58 ; Philox. Gloss.), a 
 lantern. Two bronze lanterns, constructed with 
 nicety and skill, have been found in the ruins of 
 Herculaneum and Pompeii. One of them is re- 
 presented in the annexed woodcut. Its form is 
 cylindrical. At the bottom is a circular plate of 
 metal, resting on three balls. Within is a bronze 
 lamp attached to the centre of the base and pro- 
 vided with an extinguisher, shown on the right 
 hand of the lantern. The plates of translucent 
 horn, forming the sides, probablj- had no apertui'e ; 
 but the hemispherical cover may be raised so as to 
 admit the hand and to serve instead of a door, and 
 it is also perforated with holes thi'ough which the 
 smoke might escape. To the two upright pillars 
 supporting the frame-work, a front view of one of 
 which is shown on the left hand of the lantem, 
 chains are attached for caiTj ing the lantern by 
 means of the handle at the top. 
 
 We learn from Martial's epigrams (xiv. Gl, 62) 
 that bladder was used for lanterns as well as horn. 
 Some centuries later glass was also substituted. 
 (Isid. Orig. xx. 10.) The most transparent horn 
 lanterns were brought from Carthage. (Plant. Aid. 
 III. vi. 30.) When the lantern was required for 
 use, the lamp was lighted and placed within it. 
 (Pherecrates, p. 21.) It was carried by a slave 
 (Plaut. Amphitr. Prol. 149 ; i. i. 185 ; Val. Max. 
 vi. 8. § 1), who was called the lateniarius. (Cic. 
 in Pis. 9.) When a lantern was not at hand, a 
 basket (awpiiiov), as a cheaper and commoner 
 utensil, was taken to hold the lamp. (Aristoph. 
 Achur. 452.) 
 
 Lanterns were much employed in military ope- 
 rations (Veget. dc Re Mil. iv. 18) ; and not only 
 the common kind, but the dark lantern, which was 
 square with a white skin on the side next to the 
 bearer, enabling him to see, and with black skins 
 on the three other sides. (Jul. Africanus, 69. uj). 
 Math. Par. 1693. p. 31 1.) [J. Y.] 
 
 LATlCLA'Vll. [Clavus, p. 241.] 
 LATI'NAE FE'RIAE. [Feriae, p. 414.] 
 LATI'NITAS, LA'TIUM, JUS LATH (t& 
 KaXovfievov Aaretov, Strab. p. 186. Casaub.). All 
 these expressions are used to signify a certain 
 status intermediate between that of Gives and 
 Peregrini. The word " Latinitas " occurs in Cicero 
 (ad Att. xiv. 12). Before the passing of the Lex 
 Julia de Civitate the above expressions denoted a 
 certain nationality and as part of it a certain legal 
 status with reference to Rome ; but after the pass- 
 ing of that Lex, these expressions denoted only a 
 certain status and had no reference to any national 
 distinction. About the year B. c. 89, a Lex 
 Pompeia gave the Jus Latii to all the Transpadani, 
 and consequently the privilege of obtaining the 
 Roman civitas by having filled a magistratus in 
 their own cities. To denote the status of these 
 Transpadani, the word Latinitas was used, which 
 since the passing of the Lex Julia had lost its 
 proper signification ; and this was the origin of that 
 Latinitas which thenceforth existed to the time of 
 Justinian. This new Latinitas or Jus Latii was 
 given to whole towns and countries ; as for instance 
 by Vespasian to the whole of Spain (Plin. Hist. 
 Nat. iii. 4) ; and to certain Alpine tribes (Laiio 
 doiiaii. Id. iii. 20). 
 
 This new Latinitas was given not only to towns 
 already existing, but to towns which were founded, 
 subsequently to the Lex Pompeia, as Latinae 
 
 2 N 2 
 
548 
 
 LATINITAS. 
 
 Coloniae ; for instance Noviim-Comum, which was 
 founded B. c. 50 by Caesar. Several Latin towns 
 of this class are mentioned by Pliny, especially in 
 Spain. 
 
 Though the origin of this Latinitas, which makes 
 so prominent a figure in the Roman jurists, is cer- 
 tain, it is not certain wherein it differed from that 
 Latinitas which was the characteristic of the Latini 
 before the passing of the Julia Lex. It is however 
 clear that all the old Latini had not the same 
 rights, with respect to Rome ; and that they could 
 acquire the civitas on easier terras than those by 
 which the new Latinitas was acquired. (Liv. xli. 
 12.) Accordingly the rights of the old Latini 
 might be expressed by the term Majus Latiuni, 
 and those of the new Latini by the term Minus 
 Latium, according to Niebuhr's ingenious emenda- 
 tion of Gains (i. 96). The Majus Latiuni might 
 be considered to be equivalent to the Latium An- 
 tiquum and Vetus of Pliny (iv. 22) ; for Pliny in 
 describing the towns of Spain, always describes the 
 proper colonies as consisting " Civium Roman- 
 omra," while he describes other towns as consisting 
 sometimes " Latinoriim" simply, and sometimes 
 "Latinorum vcterum,"or as consisting of oppidani 
 " Latii veteris ; " from whicli an opposition be- 
 tween Latini Veteres and Latini simply might be 
 inferred. But a careful examination of Pliny 
 rather leads to the conclusion that his Latini 
 Veteres and Latini are the same, and that by these 
 terms he merely designates the Latini Coloniarii 
 hereafter mentioned. The emendation of Niebuhr 
 is therefore not supported by these passages of 
 Plin}', and though ingenious, it ought perhaps to 
 be rejected ; not for the reasons assigned by Mad- 
 vig, which Savigny has answered, but because it 
 does not appear to be consistent with the whole 
 context of Gains. 
 
 The new Latini had not the connubium ; and it 
 is a doubtful question whether the old Latini had 
 it. The new Latini had the conimercium, and 
 herein their condition was the same as that of the 
 twelve or eighteen old Latin colonies, which were 
 specially favoured. [Civitas.] 
 
 This new Latinitas, which was given to the 
 Transpadani, was that legal status which the Lex 
 Junia Norbana gave to a numerous class of freed- 
 men, hence called Latini Juniani. (Ciaius, i. 22 ; 
 iii. 56 ; Ulp. Fray. tit. i.) The date of this lex is 
 not ascertained. 
 
 The Latini Coloniarii, who are mentioned by 
 Ulpian {Fraq. xix. s. 4),are the inhabitants of towns 
 beyond Italy, to whom the Latinitas was given. 
 These are the towns which Pliny calls " oppida 
 Latinorum veterum,"and enumerates with the " op- 
 pida civium Romanorum " (iii. 3), which were 
 military colonies of Roman citizens. The passages 
 in which the Latini Coloniarii are mentioned, as a 
 class then existing, must have been written before 
 Caracalla gave the Civitas to the whole empire. 
 
 These, the most recent views of Savigny, on this 
 difficult subject are contained in the Zeitschrift, vol. 
 ix., Di r Rom. VolksscMuss der Tafel von Heraclea. 
 
 The Latini could acquire the Jus Quiritium, ac- 
 cording to Ulpian {Fnig. tit. iii. Dc Laiinis), in 
 the following ways : — By the Beneficium Princi- 
 pale, Liberi, Iteratio, Militia, Navis, Aedificium, 
 Pistrinum ; and, by a Senatus-consultum it was 
 given to a female " vulgo quae sit ter enixa." These 
 viirious modes of acquiring the civitas are treated 
 in detail liy Ulpian, from which, as well as the 
 
 LATRUNCULI. 
 
 connection of this title " De Latinis " with the 
 first title which is " De Libertis," it appears that 
 he only treated of the modes in which the civitas 
 might be acquired by those Latini who were Li- 
 berti. The same remark applies to the observa- 
 tions of Gains (i. 28) on the same subject {Quibiis 
 mollis Latiiii ad Civitatem Roiiianam pervcniatit). 
 In speaking of the mode of acquiring the civitas 
 by means of Liberi, Gaius speaks of a Latinus, that 
 is a Libertus Latinus, marrying a Roman citizen, 
 or a Latina Coloniaria, or a woman of his own con- 
 dition, from which it is clear that all his remarks 
 under this head apply to Liberti Latini ; and it 
 also appears that Gaius speaks of the Latini Colo- 
 niarii as a class existing in his time. Neither 
 Ulpian nor (iaius says any thing on the mode by 
 which a Latinus Coloniarius might obtain the Civi- 
 tas Romana. [G. L.] 
 
 LATRU'NCULI (ireo-croi, }ir/i<poi), draughts. 
 The invention of a game resembling draughts was 
 attributed by the Greeks to Palamedes, whom 
 they honoured as one of their greatest benefactors 
 (Abacus, § 7). The game is certainly mentioned 
 by Homer, who represents the suitors of Penelope 
 amusing themselves with it. {Od. i. 107.) Others 
 ascribed the invention to the Egyptian Theuth 
 ( Plat. Phaedr. p. 274 d.) ; and the paintings in 
 Egyptian tombs, which are of far higher anti- 
 ([uity than any Grecian monuments, not unfre- 
 quently represent persons employed in this recrea- 
 tion. The painting, from which the accompanying 
 woodcut is taken, is on a papyrus preserved in the 
 Museum of Antiquities at Leyden, and was pro- 
 
 bably made about 1 700 years B. c. It is remark- 
 able that a man is here represented plaj'ing alone ; 
 whereas not only in works of Egyptian art, but 
 also on Greek painted vases, we commonly observe 
 two persons playing together. For this purpose 
 there were two sets of men, one set being black, 
 the other white or red. Being intended to repre- 
 sent a miniatvn-e combat between two armies, they 
 were called soldiers {ririlUe.s, Ovid, Trist. ii. 477), 
 foes {hostes), and marauders (latranes, dim. hitrun- 
 cuH, Ovid, Art. Amat. ii. 208; iii. 357; Mart, 
 xiv. 20 ; Sen. Epht. 107) ; also Calculi, because 
 stones were often employed for the purpose. (A. 
 Gell. xiv. 1.) Sometimes they were made of metal 
 or ivory, glass or earthenware, and they were vari- 
 ous and often fanciful in their forms. The object 
 of each player was to get one of his adversary's 
 men between two of his own, in which case he 
 was entitled to take the man kept in check (Ovid 
 
LECTICA. 
 
 LECTICA. 
 
 549 
 
 U. cc; Mart. xiv. 17), or, as the phrase was, alli- 
 ffatiis (Sen. Kpist. 118). Some of the men were 
 obliged to be moved in a certain direction (onH?ie), 
 and were therefore called ordiiiarii; others might 
 be moved any way, and were called vagi (Isid. 
 Oriy. xviii. ()7) ; in this respect the game resem- 
 bled chess, which is certainly a game of great 
 antiquity. 
 
 Seneca calls the board on which the Romans 
 plaj'ed at draughts, tabula latruucularia {Epist. 
 118). The spaces into which the board was 
 divided were called mamlrac. (Mart. vii. 71.) The 
 abacus, represented at page 3, is crossed by five 
 lines. As five men were allowed on each side, we 
 may suppose one plaj'er to arrange his five men on 
 the lines at the bottom of the abacus, and the other 
 to place his five men on the same lines at the top, 
 and we shall have them disposed according to the 
 accounts of ancient writers {ICttimol. Mag. s. r. 
 Xlfcraol : Pollux, ix. 97 ; Eustatli, in Horn. I. c), 
 who say that the middle line of the five was called 
 Upd ypdij.fj.ri. But instead of five, the Greeks and 
 Romans often had twelve lines on the board, 
 whence the game so played was called duodecim 
 scripta. (Cic. dc Orat. i. 5(1 ; Quintil. xi. 2 ; Ovid, 
 AH. Amut. iii. 3(i3.) Indeed there can be little 
 doubt that the latrunculi were arranged and played 
 in a considerable variety of ways, as is now the 
 case in Egypt and other Oriental countries. (Nie- 
 buhr, Reiseheschr. nach Arahk'ii, i. p. 17"2.) 
 
 Besides playing with draughtsmen only, when 
 the game was altogether one of skill, the ancients 
 used dice (Tesser.ie, kvSo'i) at the same time, so 
 as to combine chance with skill, as we do in back- 
 gammon. (Ter. Adclp/i. iv. vii. 23 ; Isid. Orig. 
 xviii. CO ; Brunck, A71. iii. 60 ; Becker, Gallus, ii. 
 p. 228, &c.) [J. Y.J 
 
 LATUS CLAVUS. [Clavus Latus.] 
 
 LAUDA'TIO FUNEBRIS. [Funus, p. 440.] 
 
 LAURENTA'LIA. [Larentalia.] 
 
 LAUTIA. [Legatus, p. 55.5.] 
 
 LAUTU'MIAE, LAUTO'MIAE, LATO'- 
 MIAE, or LATU'MIAE (Ai0oTO/ii'ai or KaTofiiai, 
 Lat. Lapindinue), are literally places where stones 
 are cut, or quarries ; and in this sense the word 
 XoTOjxiat was used by the Sicilian Greeks. (Pseudo- 
 Ascon. ad Cic. c. Ven: ii. 1. p. 1()1. ed. Orelli ; 
 compare Diodor. Sic. xi. 25 ; Plant. Pocnul. iv. ii. 
 6 ; Capt. III. V. 65 ; Festus, s. v. Latumiae.) In 
 particular, however, the name lautumiae was given 
 to the public prison of Syracuse. It lay in the 
 steep and almost inaccessible part of the town 
 which was called Epipolac, and had been built by 
 Dionysius the tyrant. (Aelian. V. H. xii. 44 ; Cic. 
 e. Verr. v. 55.) Cicero, who had undoubtedly 
 seen it himself, describes it (c. Ven: v. 27) as an 
 immense and magnificent work, worthy of kings 
 and tjTtints. It was cut to an immense depth into 
 the solid rock, so that nothing could be imagined 
 to be a safer or stronger prison than this, though it 
 had no roof, and thus left the prisoners exposed to 
 the heat of the sun, the rain, and the coldness of 
 the nights. (Compare Thucyd. vii. 87.) The 
 whole was a stadiimi in length, and two plethra in 
 width. (Aelian. /. c.) It was not only used as a 
 prison for Syracusan criminals, but other Sicihan 
 towns also had their criminals often removed to it. 
 
 The TuUianum at Rome was also sometimes 
 called lautumiae. [Carcer.] [L. S.J 
 
 LECTI'CA (k\/i'7), kAiviSioc, or (popeiov) was a 
 kind of couch or litter, in which persons, in a lying 
 
 position, were carried from one place to another. 
 They may be divided into two classes, viz., those 
 which were used for carrying the dead, and those 
 which served as conveniences for the living. 
 
 The former of these two kinds of locticae (also 
 called lectica funebris, lecticula, lectus funebris, 
 feretrum or capidum), in which the dead were car- 
 ried to the grave, seems to have been used among 
 the Greeks and Romans from very early times. In 
 the beauty and costliness of their ornaments these 
 lecticae varied according to the rank and circum- 
 stiinces of the deceased. [Funus, p. 439.] The 
 lectica on which the body of Augustus was carried 
 to the grave, was made of ivory and gold, and was 
 covered with costly drapery worked of purple and 
 gold. (Dion. Cass. Ivi. 34 ; compare Dionys. Ani. 
 Rom. iv. p. 270; Com. Nepos, Att. 22. 2; Tacit. 
 Hist. iii. 67.) During the latter period of the em- 
 pire public servants {tectiearii) were appointed for 
 tlie puqjose of carrying the dead to the grave with- 
 out any expense to the family to whom the de- 
 ceased belonged. (Novell. 43 and 59.) Repre- 
 sentations of lecticae funebres have been found on 
 several sepulcral monuments. The following wood- 
 cut represents one tiiken from the tomb-stone of 
 M. Antonius Antius Lupus. 
 
 (Compare Lipsius, Elect, i. 19; Scheflc-r, De Re 
 Vehimlari, ii. 5. p. 89 ; Gruter, Inscript. p. 954. 
 8 ; Biittiger, Sahina, ii. p. 200 ; Agyafalva, Wan- 
 dcrungen durch Pompeii.) 
 
 Lecticae for sick persons and invalids seem like- 
 wise to have been in use in Greece aiul at Rome 
 from very early times, and their construction pro- 
 bably differed very little from that of a lectica 
 funebris. (Liv. ii. 36 ; Aurel. Vict. Dc Vir. III. c. 
 34.) We also frequently read that generals in 
 their camps, when they had received a severe 
 wound, or when the}- were suffering from ill health, 
 made use of a lectica to be carried from one place 
 to another. (Liv. xxiv. 42 ; Val. Max. ii. 8. 2 ; 
 i. 7 ; Sueton. xliig. 91.) 
 
 Down to the time of the Gracchi we do not hear 
 that lecticae were used at Rome for any other pur- 
 poses than those mentioned above. The Greeks, 
 however, had long been familiar with a different 
 kind of lectica {kKIvt] or <pope7uu), which was in- 
 troduced among them from Asia, and which was 
 more an article of luxury than anything to supply 
 an actual want. It consisted of a bed or mattress 
 and a pillow to support the head, placed upon a 
 kind of bedstead or couch. It had a roof consist- 
 ing of the skin of an ox, extending over the couch 
 and resting on four posts. The sides of this lec- 
 tica were covered with curtains [avKaiai). It ap- 
 pears to have been chieflj' used hy women (Suid. 
 s. r. (popeiov), and by men only when they were 
 in ill health. ( Anacr. ap. At/ieti. xii. p. 533, &c. ; 
 Plut. Pcricl. 27 ; Lysias, De Vuln. Pnutm. p. 172; 
 Andocid. De p. 30; Plut. Eitmoi. 14.) If 
 
 a man without any physical necessity made use of 
 a lectica, he drew upon himself the censure of his 
 countrymen as a person of efteminate character. 
 
550 
 
 LECTICA. 
 
 LECTICA. 
 
 (Dinarch. c. Demosth. p. 29.) But in the time 
 subsequent to the Macedonian conquests in Asia, 
 lecticae were not only more generally used in 
 Greece, but were also more magnificently adorned. 
 (Plut. Aral. 17.) The persons or slaves who car- 
 ried their masters or mistresses in a lectica were 
 called (popea<p6poi (Diog. Laert. v. 4. § 73), and 
 their number was generally two or four. (Lucian, 
 Epist. Saturn. 28 ; Somn. s. Gall. 1 0 ; Ci/n. 9 ; 
 compare Becker, Chari/des, ii. p. 71, &c.) When 
 this kind of lectica was introduced among the 
 Romans, it was chiefly used in travelling, and only 
 very seldom in the city of Rome itself. The first 
 trace of such a lectica is in a fragment of a speech 
 of C. Gracchus, quoted by Gellius (x. 3). From 
 this passage it seems evident that this article of 
 luxury was introduced into Italy from Asia, and 
 that at the time scarcely any other lectica than the 
 lectica funebris was known to the country people 
 about Rome. It also appears from this passage 
 that the lectica there spoken of was covered ; other- 
 wise the countrjTuan could not have asked whether 
 they were carrying a dead body. (Compare Cic. 
 Philip, ii. 45 ; Pint. Cic. 48 ; Dion Cass, xlvii. 10.) 
 Tile resemblance of such a lectica used by the Ro- 
 mans to that which the Greeks had received from 
 Asia is manifest from the words of Martial (xi. 
 98) : lectica tuta pelle veloqtee. It had a roof con- 
 sisting of a large piece of skin or leather expanded 
 over it and supported by four posts, and the sides 
 also were covered with curtains (vela, plai/ae, or 
 pku/ulao; compare Senec. Sitas. i. 6 ; Suet. Tit. 10). 
 During the time of the empire, however, the cur- 
 tains were not thought a sufficient protection for a 
 lectica ; and, consequently, we find that lecticae used 
 by men as well as women, were closed on the sides 
 with windows made of transparent stone (lajris 
 spccularis), whence Juvenal (iv. 20) calls such a 
 lectica an antrum ckuisum latis sjxcularibus. (Com- 
 pare Juv. iii. 239.) We sometimes find mention 
 of a lectica aperta (Cic. Phil. ii. 24), but we have 
 no reason to suppose that in this case it had no 
 roof, for the adjective aperta probably means no- 
 thing more than that the curtains were removed, 
 i. e. either thrown aside or drawn up. Tiie whole 
 lectica was of an oblong form, and the person con- 
 veyed in it lay on a bed (pulvinus), and the head 
 was supported by a pillow, so that he might 
 read and write in it with ease. To what extent 
 the luxury of having a soft and pleasant bed in a 
 lectica was carried, as early as the time of Cicero, 
 may be seen from one of his orations against 
 Verres (v. 11). P^ather-beds seem to have been 
 very common. (Juv. i. 159, &c.) The frame- 
 work, as well as the other appurtenances, were, 
 with wealthj' persons, probably of the most costly 
 description. The lectica, when standing, rested on 
 four feet, generally made of wood. Persons were 
 carried in a lectica by slaves {lecticarii) by means 
 of poles (asseres) attached to it, but not fixed, so 
 that they might easily be taken off when neces- 
 sary. (Sueton. Calijj. 58 ; Juv. vii. 132; iii. 245; 
 Martial, ix. 23. 9.) There can be no doubt that the 
 asseres rested on the shoulders of the lecticarii, and 
 not on thongs which passed round the necks of these 
 slaves and hung down from their shoulders, as 
 some modern writers have thought. (Senec. Ejnst. 
 80. 110; Tertidl. atl Uaor. i. 4; Clem. Alex. 
 PMclag. iii. 4 ; Juv. iii. 240; ix. 142.) The act 
 of taking the lectica upon the shoulders was called 
 succollarc (Plin. //. A'', xxxv. 10; Sueton. C/aarf. 
 
 10), and the persons who were carried in this 
 manner were said succollari (Sueton. Otho. U). 
 From this passage we also learn that the name 
 lecticarii was sometimes incorrectly applied to those 
 slaves who carried a person in a sella or sedan- 
 chair. The number of lecticarii employed in carry- 
 ing one lectica varied according to its size, and the 
 display of wealth which a person might wish to 
 make. The ordinary nmiiber was probably two 
 (Petron. Sat. 50' ; Juv. ix. 142) ; but it varied from 
 two to eight, and the lectica is called hexaphoron 
 or octoplioron, accordingly as it was carried by six 
 or eight persons. (Juv. i. (54 ; Mart. ii. 81 ; vi. 77; 
 Cic. c. Vcrr. v. 11 ; ad quint, ii. 10.) Wealthy 
 Romans kept certain slaves solely as their lecticarii 
 (Cic. ad Fam. iv. 12); and for this purpose they 
 generally selected the tallest, strongest, and most 
 handsome men, and had them always well dressed. 
 In the time of Martial it seems to have been cus- 
 tomary for the lecticarii to wear beautiful red live- 
 ries. The lectica was generally preceded by a slave 
 called anteambulo, whose office was to make room 
 for it. (Martial, iii. 4C ; Plin. Epist. iii. 14; com- 
 pare Becker, Gallus, i. p. 213, &c.) 
 
 Shortly after the introduction of these lecticae 
 among the Romans, and dm-ing the latter period of 
 the republic, they appear to have been very com- 
 mon, though they were chiefly used in joumeys,and 
 in the city of Rome itself only by ladies and in- 
 valids. (Dion. Cass. Ivii. 17.) But the love of this 
 as well as of other kinds of luxury increased so 
 rapidly, that J. Caesar thought it necessary to re- 
 strain the use of lecticae, and to confine the privi- 
 lege of using them to certain persons of a certain 
 age, and to certain days of the year. (Sueton. J. 
 Cues. 43.) 
 
 In the reign of Claudius we find that the privilege 
 of using a lectica in the city was still a great dis- 
 tinction, which was only granted by the emperor 
 to his especial favourites. (Suet. Claud. 28.) But 
 what until then had been a privilege became gra- 
 dually a right assumed by all, and every wealthy 
 Roman kept one or more lecticae, ^vith the requisite 
 number of lecticarii. The emperor Domitian, how- 
 ever, forbade prostitutes the use of lecticae. (Suet. 
 Uomit. 8.) Enterprising individuals gradually be- 
 gan to form companies (^corpus lecticariorum), and 
 to establish public lecticae, which had their stands 
 {castra lecticarioruin) in the regie transtiberiua, 
 and probably in other parts also, where any one 
 might take a lectica on hire. (Victor, l)e Rtyiunib. 
 Urb. Rom. in Graevii Thesaur. iii. p. 49 ; Martial 
 iii. 4f;.) The persons of whom these companies 
 consisted, were probably of the lower orders or 
 freedmen. (Compare Gruter, Inscript. 599. 11 ; 
 600. 1.) 
 
 The lecticae of which we have hitherto spoken, 
 were all port;ible, i. e. they were constructed in 
 such a manner that the asseres might easily be 
 fastened to them whenever it was necessiiry to 
 carry a person in them from one place to another. 
 But the name lectica, or rather the diminutive lec- 
 ticula, was also sometimes applied to a kind of 
 sopha, which was not moved out of the house. 
 On it the Romans frequently reclined for the pui- 
 pose of reading or writing, for the ancients when 
 writing seldom sat at a table as we do, but generally 
 reclined on a couch ; in this posture they raised 
 one knee, and upon it they placed the parchment 
 or tablet on which they wrote. From this kind of 
 occupation the sopha was called lecticula lucubra- 
 
LECTUS. 
 
 LECTUS. 
 
 551 
 
 toria (Suet. Aug. 78), or more commonly lectulus. 
 (Plin. EpiM. v. 5 ; Ovid, Trht. i. ] 1. 38 ; compare 
 Alstorpli, De Ledicis Velerum Diatiiba, Amster- 
 dam, 1704.) [L. S.] 
 
 LECTICA'RII. [Lectica.] 
 
 LECTISTE'RNIUM. Sacrifices being of the 
 nature of feasts, the Greeks and Romans on occa- 
 sion of extraordinary solemnities placed images of 
 the gods reclining on couches, with tables and 
 ■viands before them, as if they were really partak- 
 ing of the things offered in sacrifice. This ceremony 
 was called a Icdistcniimn. Three specimens of the 
 couches employed for the purpose are in the 
 Glyptotek at Munich. The woodcut here intro- 
 duced exhibits one of them, which is represented 
 with a cushion covered by a cloth hanging in 
 ample folds down each side. This beautiful ]nil- 
 v'mui- (Sueton. Jul. 76 ; Com. Nep. Tinioth. 2) is 
 wrought altogether in white marljle, and is some- 
 
 what more than two feet in height. At the 
 Epulum Jovis, which was the most noted lecti- 
 steniium at Rome, and which was celebrated in the 
 Capitol, the statue of Jupiter was laid in a reclining 
 posture on a couch, while those of Juno and 
 Minerva were seated on chairs by his side ; and 
 this distinction was observed in allusion to the 
 ancient custom, according to which only men re- 
 clined and women sat at table. (Val. Max. ii. 
 
 I. §2.) [CoENA, p. 253.] Nevertheless it is pro- 
 bable that at a later period both gods and god- 
 desses were represented in the same position : at 
 least four of them, viz. Jupiter Serapis and Juno 
 or I sis, together with Apollo and Diana, are so 
 exhibited with a table before them on the handle 
 of a Roman lamp engraved by Bartoli. {Luc. Atit. 
 
 II. 34.) Livy (v. 13) gives an account of a very 
 splendid lectistemium, which he asserts to have 
 been the origin of the practice. [J. Y.] 
 
 LECTUS (Xex"*? kAiVtj, ewTj), a bed. In the 
 heroic ages of Greece beds were very simple ; the 
 bedsteads, however, are sometimes represented as 
 ornamented (tptjto Ae'xea, //. iii. 448 ; compare 
 Od_>/ss. xxiii. 219, &c.). The principal parts of a 
 bed were the x^o'^'ai and ^riyea {Och/ss. xix. 337); 
 the foiTuer were a kind of thick woollen cloak, 
 sometimes coloured, which was in bad weather worn 
 by men over their x^"^""^ and was sometimes 
 spread over a chair to render the seat soft. That 
 these xAa'""" served as blankets for persons in 
 their sleep, is seen from Odyss. xiv. 488. 500. 504. 
 513. 529 ; XX. 4. The ^t/Vo, on the other hand, 
 were probably a softer and more costly kind of 
 ■woollen cloth, and were used chiefly by persons of 
 high rank. They were, like the X''^"'''"', some- 
 times used to cover the seat of chairs when persons 
 wanted to sit down. {Odyss. x. 352.) To render 
 
 this thick woollen stuff less disagreeable, a linen 
 cloth was sometimes spread over it. (Odyss. xiii. 
 73.) It has sometimes been supposed that the 
 ftrjyea were pillows or bolsters ; but this opinion 
 seems to be refuted by the circumstance tliat, in 
 Odyss. vi. 38, they are described as being washed 
 without anything being said as to any operation 
 which would have necessarily preceded the wash- 
 ing had they been pillows. Beyond this supposi- 
 tion respecting the pvyea, we have no traces of 
 pillows or bolsters being used in the Homeric age. 
 The bedstead (Aexor, KiKTpov, 5e/ivioc) of persons 
 of high rank was covered with skins (/cwea) upon 
 which the priym were placed, and over these linen 
 sheets or carpets were spread ; the xAoiya, lastly, 
 served as a cover or blanket for the sleeper. {Odyss. 
 iv. 296, &c. ; II. xxiv. 643, &c. ; ix. 600, &c.) 
 Poor persons slept on skins or beds of di'y herbs 
 spread on the ground. {Odyss. xiv. 519; xx. 139, 
 &.C.; xi. 188,&c.; compare Nitzsch, zur Odyss. vol.i. 
 p. 210.) These simple beds, to which shortly 
 after the Homeric age a pillow for the head was 
 added, continued to be used by the poorer classes 
 among the Greeks at all times. Thus the bed of 
 the orator Lycurgus is said to have consisted of 
 one sheep-skin {ku5iov) and a pillow. (Plut. Vit, 
 Dec. Oral. Lycurg. p. 842. c.) But the complete 
 bed (cuvrj) of a wealthy Greek in later times, 
 generally consisted of the following parts : K\ivri, 
 iir'novoi, tuK^'lov or KvecpaKov, TrpoiTKe<pdKeiov, and 
 (TTpcifiaTa. 
 
 The kKIvt] is properly speaking only the bed- 
 stead, and seems to have consisted only of posts 
 fitted into one another andresting upon four feet. At 
 the head part alone there was a board {avaKXivrpov 
 or eTTiKKifTpov) to support the pillow and prevent 
 its falling out. Sometimes the dvaKKivT pov is 
 wanting. (Pollux, x. 34 ; vi. 9 ; compare the 
 first woodcut in page 173.) Sometimes, however, 
 the bottom part of a bedstead was likewise pro- 
 tected by a board, so that in this case a Greek 
 bedstead resembled a modem so-called French bed- 
 stead. The KKivi) was generally made of wood, 
 which in quality varied according to the means of 
 the persons for whose use it was destined ; for in 
 some cases we find that it was made of solid 
 maple or box-wood, or veneered with a coating of 
 these more expensive woods. At a later period, 
 bedsteads were not ordy made of solid ivor\^ or 
 veneered with tortoiseshell, but sometimes had 
 silver feet. (Pollux, /. c. ; Aelian, V. H. xii. 29 ; 
 Athen. vi. p. 255.) 
 
 The bedstead was provided 'with girths (toVoi, 
 iir'novoi, Keipia) on which the bed or mattress 
 {KVi^aKov, TvXiiov, kolvws, or ruArj) rested ; in- 
 stead of these girths poorer people used strings. 
 (Aristoph. Av. 814, with the Schol.) The cover 
 or ticking of a mattress was made of linen or wool- 
 len cloth, or of leather, and the usual material with 
 which it was filled (to eixgcLkKofi^vov ■wKripwij.a, or 
 ynd<paKov) was either wool or dried weeds. At 
 the head part of the bed, and supported by the 
 lir'mMvTpov, lay a round pillow {■rrpo(XKe(pd\eiov') 
 to support the head ; and in some ancient pictures 
 two other square pillows are seen, which were in- 
 tended to support the back. The covers of such 
 pillows are striped in several pictures on ancient 
 vases (see the woodcut in page 302), and were 
 therefore probably of various colours. They were 
 undoubtedly filled with the same materials as the 
 beds and mattresses. 
 
552 
 
 LECTUS. 
 
 LEGATUM. 
 
 The bed-covers, which may be termed blankets 
 or cminterpanes, were called by a variety of names, 
 such as TTspuTTptLixaTa, viroaTpiLjmTa, iTn€KriiJ.aTa, 
 ip^arplSes, x^'"''''^', dixcpi^iTTplSis, eviSoAata, 8a- 
 iriSes, if/tAoSairiSej, luCTiSes, xpuffOTrairToi, TanriTes 
 or d/xcpiTa-irT]Tes. The common name, however, was 
 (TTpdfiaTa. They were generally made of cloth, 
 which was very thick and woolly either on one 
 or on both sides. (Pollux, vi. 9.) It is not 
 always easy to distinguish whether the ancients, 
 when speaking of KKluai, mean beds in our sense 
 of the word, or the couches on which they lay at 
 meal times. We consequently do not know whe- 
 ther the descriptive epithets of KAivai, enumerated 
 by Pollux, belong to beds or to coushes. But this 
 matters little, as there was scarcely any difference 
 between the beds of the ancients and their couches, 
 with this exception, that the latter being made for 
 appearance as well as for comfort, were, on the 
 whole, undoubtedly more splendid and costly than 
 the former. Considering, however, that bedsteads 
 were often made of the most costly materials, we 
 may reasonably infer that the coverings and other 
 ornaments of beds were little inferior to those of 
 couches. Notwithstanding the splendour and com- 
 fort of many Greek beds, the Asiatics, who have 
 at aU times excelled the Europeans in these kinds 
 of luxuries, said that the Greeks did not under- 
 stand how to make a comfortable bed. (Athen. ii. 
 p. 4fi ; Plut. Pclop. 30.) The places most cele- 
 brated for the manufacture of splendid bed-covers 
 were Miletus, Corinth, and Carthage. (Aristoph. 
 lian. 410. 542, with the Schol. ; Lysistr. 732 ; 
 Cic. c. For. i. 34 ; Athen. i. p. 27 and 28.) It 
 appears that the Greeks, though they wore night- 
 gowns, did not simply cover themselves with the 
 tTTpcifiara, but wrapt themselves up in them. Less 
 wealthy persons continued, according to the ancient 
 custom, to use skins of sheep and other animals, 
 especially in winter, as blankets. (Pollux, x. 123; 
 Aristoph. NuO. 10.) The bedsteads of the poorer 
 classes are designated by the names (TKifjurovs, 
 drTKavTri^, and KpdSSaTos, and an exaggerated de- 
 scription of such a bed is given by Aristophanes. 
 (P/ui. 540, &c. ; compare Li/siatr. 91b'.) The 
 words xoMS"*''? and xi^M^ "'''oi', which originally sig- 
 nified a bed of straw or dry herbs made on the 
 ground (Theocrit. iii. 33 ; Plut. Lyciiry. 16), were 
 afterwards applied to a bed which was only near 
 the ground, to distinguisli it from the kAiVt) which 
 was generally a high bedstead. Xa^ueufjo were 
 the usual beds for slaves, soldiers in the field, and 
 j)Oor citizens, and the mattresses used in them were 
 mere mats made of rushes or bast. ( Pollux, /. c. ; 
 and vi. 11.) 
 
 (Becker, Charikles, ii. p. 114— 122; Pollux, x. 
 c. 7, 8 ; vi. 1.) 
 
 The beds of the Romans {ledi cubiculares) in the 
 earlier ])eriods of the republic were probably of the 
 same description as those used in Greece ; but to- 
 wards the end of the republic and during the em- 
 pire, when Asiatic luxuries were imported into 
 Italy, the richness and magnificence of the beds of 
 the wealthy Romans far surpassed everything we 
 find described in Greece. The bedstead was 
 generally rather high, so that persons entered the 
 bed (scatulcre, mcoidcre) by means of steps placed 
 beside it (sccnmium, Van'o, De Liny. Lat. v. 168. 
 MiiUer; Ovid,/^rt.s<. ii. 349,&c.). It was sometimes 
 made of metal, and sometimes of costly kinds of 
 wood or veneered with tortoise-shell or ivory ; its | 
 
 feet {fulcra) were frequently of silver or gold. 
 (Plin. xvi. 43 ; Mart. xii. 67 ; Juv. xi. 94.) The 
 bed or mattress (culdta and torus) rested upon 
 girths or strings (ri'stes, fascicu^, iiistilae, or /urns) 
 which connected the two horizontal side-posts of 
 the bed. (Cic. Dc Div. ii. 65 ; Mart. v. 62 ; 
 Petron. 97 ; compare Herat. JSpnd. xii. 12 ; Cato, 
 De lie Rust c. 10.) In beds destined for two 
 persons, the two sides are distinguished by different 
 names ; the side at which persons entered was 
 open, and bore the name sponda ; the other side, 
 which was protected by a board, was called pluteus. 
 (Isidor. XX. 11. p. 629. ed. Lindemann.) The two , 
 sides of such a bed are also distinguished by the f 
 names torus exterior and torus interior, or sponda 
 exterior and sponda interior (Ovid, ^mor. iii. 14. 
 32 ; Sueton. Caef. 49) ; and from these expressions 
 it is not improbable that such lecti had two beds or 
 mattresses, one for each person. Mattresses were 
 in the earlier times filled with dry herbs (Varro, | 
 l.c. ; Ovid, Fast. i. 200 and 205), or straw (Herat, f 
 Sat. 11. iii. 117; Mart. xiv. 160; Senec. De Vit. 
 Beat. c. 25), and such beds continued to be used 
 by the poor. But in subsequent times wool, and, 
 at a still later period, feathers were used by the 
 wealthy for the beds as well as the pillows. (Plin. 
 H. N. viii. 48 ; x. 22 ; Plaut. Mil. Glor. iv. iv. 
 42 ; Cic. Tusc. iii. 19 ; Mart. xiv. 161 and 159.) 
 The cloth or ticking (operimentum or iiivolucrmn) 
 with which the beds or mattresses were covered, 
 was called toral, torale, linteum, or segestre. (Herat. 
 Sat. II. iv. 84 ; Epist. i. v. 21 ; Varro, I. c.) The 
 blankets or counterpanes (vestes strayulae, strayula, 
 perisfromata, peripetasmata) were in the houses'of 
 wealthy Romans of the most costly description, 
 and generally of a purple colour (struyula conchylio 
 tincta, pe.rislromata eoiieliyliata, cocciiia strayu/u) 
 and embroidered with beautiful figures in gold. 
 Covers of this sort were called peripetasmata 
 Attalica, because they were said to have been first 
 used at the court of Attains. (PUn. H. N. I. c.; 
 Cic. c. Verr. iv. 1 2 and 26 ; Philip, ii. 27 ; Mart. 
 
 ii. 16.) The pillows were likewise covered with 
 magnificent casings. Whether the ancients liad 
 curtains to their beds is not mentioned anywhere ; 
 but as curtains, or rather a kind of canopy {aulaea), 
 were used in the lectus tricliniaris (Herat. Carm. 
 
 iii. 29. 15 ; Sat. ii. 8. 54) for the purpose of pre- 
 venting the dust falling upon the persons lying on 
 it, it is not improbable that the same or a similar 
 contrivance was used in the lectus cubicularis. 
 
 The lectus geyiialis or ailvcrsus was the bridal 
 bed which stood in the atrium, opposite the janua, 
 whence it derived the epithet ad versus. (Ilorat. 
 JEpist. I. i. 87 ; Festus, s. v. ; compare House, p. 
 496.) It was generally high, with steps by its 
 side, and in later times beautifully adorned. (Gel- 
 lius, xvi. 9 ; Lucan. ii. 356 ; Cic. pro Cluent. 
 c. 5.) 
 
 Respecting the lectus funebris see the articles 
 Fun us and Lectica. An account of the dis- 
 position of the couches used at entertainments, and 
 of the place which each guest occupied, is given 
 under Triclinium. (Becker, GalLus, i. p. 42, 
 &c.) [L. S.] 
 
 AH'KTeoi. [FuNU.s, p. 435.] 
 
 LEGA'TIO LI'Bf:RA. [Lbgatus, p. 556.] 
 
 LEGA'TUM, a legacy, is variously defined by 
 the Roman jurists, but there can be no exact 
 definition except reference bo made to a beres. 
 Unless there is a heres duly instituted, no legacy 
 
LEGATUM. 
 
 LEGATUM. 
 
 S53 
 
 can be given. A Legatimi then is a part of the 
 hereditas which a testator gives out of it, from the 
 hercs (a/i hcredc) ; that is, it is a gift to a person 
 out of that whole (unive.rsum) which is diminished 
 to the heres by such gift. Accordingly the phrase 
 " ab herede legare" thus becomes intelligible. 
 (Dig. 30. tit. 1. s. lie ; " ei tcstamento "legat 
 grandem pecuniam a Hlio," Cic. Pro Clucnt. 12.) 
 A legatee could not be charged with the payment 
 of a legacy out of what was given to him, a rule of 
 law, which was thus expressed, " A legatario 
 legari non potest." A legacy could only be given 
 in the Latin language. 
 
 The word " Legatum," from the verb lerio, con- 
 tains the same element as Lex. Lego has the 
 sense of appointing or disposing of a matter, as in 
 the phrase " legatum negotinm" (Plant. Cas. I. i. 
 12) ; and it is used in the Twelve Tables to ex- 
 press generally a testator's disposition of his pro- 
 perty {uii Uyussit, &c.). Ulpian accordingl}' 
 explains the word Legatum by referring to its 
 etymology, and likening a Legatum to a Lex, pro- 
 perly so called. " A Legatum," he says, " is that 
 which is left by a testament, fe//is modo, that is, 
 imperative ; for those things which are left pre- 
 cativo modo, are called Fideicommissa." {Frag. 
 tit. 24.) A legatee was named leqatarius ; those 
 to whom a thing was given jointly {conjjinctim) 
 were coUegatarii. A legacy which was legally 
 valid or good, was legatum utile ; a void legacy was 
 inutilt;. A legacy which was given absolutely or 
 unconditionally, was said to be given pure ; one 
 which was given conditionally was said to be given 
 sub roiKlickiiic. The expression purum legatum, an 
 unconditional legac}', also occurs. (Dig. 36. tit. 2. 
 s. 5.) 
 
 Gaius apologizes for treating of Legata in that 
 part of his Listitutional work in which he has 
 placed it. Li the first ninety-six chapters of his 
 second book he treats of the acquisition of property 
 in Res singulae, to which class legacies belong. 
 But as the matter of legacies is not intelligible 
 without reference to the matter of hereditas or 
 universal acquisition, he places the law of legacies 
 {Jiacc juris materia) immediately after that of 
 hereditas. 
 
 There were four forms in which a legacy could 
 be left : Per Vindicationem, Per Daranationem, 
 Sinendi modo. Per Praeceptionem. 
 
 A legatum per vindicationem was given in these 
 words: " Hominem Stichum Do, Lego ;" or the 
 words might be with reference to the legatee, 
 " Capito, Simiito, Sibi Habeto." A legatum per 
 vindicationem was so called with reference to the 
 legal means by which the legatee asserted his right 
 to the legacy against the heres or any possessor, 
 which was by a vindicatio or an Actio in rem ; for 
 as soon as the Hereditatis aditio had taken place, 
 the legatee had the Quiritarian (e.rjurc Quiritium) 
 omiership of the legacy. Tlie two schools raised 
 a question as to this, Whether under such circum- 
 stances, the legatee obtained the (Quiritarian owner- 
 ship of the thing before he had consented to take 
 it. The opinion of the Proculiani who contended 
 for such consent, was confirmed by a Constitution 
 of Antoninus Pius. It was consistent with the 
 natm-e of the Per Vindicationem, that those things 
 only could be so given, in which the testator had 
 Quiritarian ownership : and it was also necessary 
 that he should have such ownership both at the 
 time of making his will, and at the time of his 
 
 death; otherwise the legacy was void {inulile). 
 But there was an exception in respect of things 
 "■ quae pondere, numero, mensura constant," as 
 wine, oil, com, and the precious metals in the form 
 of coin (jiecunia numcrata), in regard to which it 
 was sufficient if the testator had the (Quiritarian 
 ownership at the time of his death. This was the 
 civil law {jus civile), but it was altered by a 
 senatusconsultum of the time of Nero, which 
 enacted that if a testator left a thing as a legacy, 
 which had never been his, the legacy should be 
 equally good as if it had been left in the form most 
 advantageous to the legatee {ojitimn jure), which 
 form was the Legatum per damnationem. But if 
 a testator gave a thing of his own by his testament, 
 which he afterwards alienated, it was the best 
 opinion that the legacy was inutile by the Jus 
 Civile, and that the Senatusconsultum did not 
 make it good. If the same thing was given to 
 more than one person either ]omt\y {c(injitiictiiii) so as 
 to make them collegatarii, or severally {disjundim), 
 each took an equal share. A legatum was given 
 conjunctim thus : " Titio et Seio hominem Stichum 
 do, lego ;" disjmictim, thus : " Titio hominem 
 Stichum do, lego ; Seio eundem hominem do, lego." 
 If one coUegatiirius failed to take, his portion went 
 to the others. In the case of a conditional legacy 
 left per vindicationem, the schools were divided in 
 opinion: the Sabiniani said that it was the pro- 
 perty of the heres during the pendency of tlie con- 
 dition ; the Procidiani said that it was " res nul- 
 lius." 
 
 The form of the Per damnationem was this : 
 Heres meus Stichum servum nieuni dare damnas 
 esto ; but the word Dato was equally ett'ectivc. A 
 thing which belonged to another {ali/'mi res) could 
 be thus left, and the heres was bound to procure 
 the thing for the legatee or to pay him the value 
 of it. A thing not in existence at the date of the 
 will might be left by this form, as the future pro- 
 duce of a female slave {(mcilla). The legatee did 
 not acquire the (Quiritarian ownership of the legacy 
 by virtue of the hereditatis aditio : the thing still 
 remained the property of the heres, and the legatee 
 could only sue for it by an Actio in personam. 
 If it was a thing Mancipi, the legatee could only 
 acquire the Quiritarian ownership of it by Manci- 
 patio or In jure cessio from the heres : if it was 
 merely delivered, the legatarius only acquired the 
 complete ownersliip {plenum jus) by usucapion. If 
 the same thing was left to two or more conjunctim, 
 each had an equal share ; if disjundim, the heres 
 was bound to give the thing to one and its value 
 to the rest. In the case of a gift conjunctim, the 
 share of the legatee who failed to take belonged to 
 the hereditas ; but the Lex Papia made it cadu- 
 cum, and gave it first to a collegatarius who had 
 children, then to the heredes who had children, 
 and then to the other legatees who had children 
 {legatarii), a privilege which Juvenal alludes to 
 (^dulce caducuyii, ix. B8). 
 
 The Legatum Sinendi modo was thus given : 
 " Heres meus damnas esto sinere Lucium Titium 
 hominem Stichum sumere sibique habere ;" by 
 which form a testator could give either his own 
 property or that of his heres. As in the case of a 
 legatum per damnationem, the legatee prosecuted 
 his claim by an Actio in personam. It was 
 doubted whether the heres was bound to transfer 
 the property, in the case of a res mancipi, by 
 maucipatio or in jure cessio, or, in the case of a 
 
554 
 
 LEGATUM. 
 
 LEGATUM. 
 
 thing nec mancipi, by traditio or delivery, for the 
 words of the gift are "permit him to take." It 
 was also a still more doubtful question (in the 
 time of Gains), whether, if the same thing was 
 given in this way to two severally {disjanctim), the 
 whole was due to each, or if the heres was released 
 from all further claim, when either of them had ob- 
 tained possession of the wliole with his permission. 
 
 The Legutum per praeceptioncra was in this 
 manner : " Lucius Titius hominem Stichum Prae- 
 cipito where " praecipito" is the same as 
 " praecipuum sumito," or " take first." The Sa- 
 biniani were of opinion that a legacy could only 
 thus be left to one who was also made a heres ; but 
 a Senatuscoiisultum Neronianum made the legacy 
 good, even if it was thus left to an extraneus, that 
 is, to another than the heres, provided the legatee 
 was a person to whom a legacy could be left in any 
 of the three other modes. For the Senatuscon- 
 svdtum made those legacies valid which were not 
 valid by the Jus Civile on account of the words of 
 the gift (vrrbofum lulio), but not those legacies 
 which were invalid on account of the incapacity of 
 the legatee (vifio personam), which was the case 
 with a peregrinus. The Sabiniani also maintained 
 that a man could leave in this manner only what 
 was his own, for the only way in which the legatee 
 could enforce his right was by a judicium farailiae 
 erciscundae, in which judicium it was necessary that 
 the judex should adjudicate that which was given 
 per praeceptionem, and he could adjudicate on 
 nothing else than the res hereditaria. But the 
 same senatusconsultum made a legacy valid, which 
 was given in this form, even if the thing did not 
 belong to the testator. The Proculiani contended 
 that a legacy could be given to an extraneus per 
 praeceptionem ; and further that if the thing was 
 the testator's ex jure Quiritium, it could be sued for 
 (vindicari) by the legatee, whether he was a heres 
 or not {e.iira?teus) ; if it was the testator's in 
 bonis, it was a utile legatum to the extraneus by 
 the senatusconsultum, and the heres could obtain 
 it in a judicium familiae erciscundae. If it did 
 not belong to the testator in either way, still the 
 legatum was made utile both to the heres and the 
 extraneus by the senatusconsultum. If the same 
 thing was thus left to more than one either tlis- 
 junctiin or conjundim, each had only his share. 
 
 By the Law of the Twelve Tables a man could 
 dispose of his property as he pleased, and he might 
 exhaust (cvo^trrc) the whole hereditas by legacies 
 and bequests of freedom to slaves, so as to leave 
 the heres nothing. The consequence was that in 
 such cases the scripti heredes refused to take the 
 hereditas, and there was of course an intestacy. 
 The first legislative measure on this subject was 
 the Lex Furia, called Testamentaria, which did 
 not allow a testator to give as a donatio 
 mortis causa or as a legacy more than a thousand 
 asses to one person, certain relations excepted. 
 (Gains, iii. 220 ; Ulp. Fra(/. i. s. 2 ; xxviii. s. 7.) 
 But this measure was a failure, for it did not pre- 
 vent a man from giving as many several thousands 
 to as many persons as he pleased and so exhaust- 
 ing his estate. The Lex Voconia (b. c. 1G9) 
 afterwards enacted that no person should take by 
 way of legacy or donatio mortis causa more than 
 the heredes (severally, as it seems) ; but tliis lex 
 was ineftectua!, for by distributing the hereditas 
 among numerous legatees, the heres might have so 
 small a portion as not to make it worth his while 
 
 to assume the burdens attached to the hereditas. 
 (Gains, ii. 26 ; Cic. iu Vcn: lib. i. c. 43.) The 
 Lex Falcidia (b. c. 40) at last took away all means 
 of evasion by declaring that a testator should not 
 give more than three-fourths in legacies, and thus 
 a fourth was secured to the heres ; and " this 
 law," says Gains, " is now in force." The Senatus- 
 consultum Pegasianum extended the same rule of 
 law to fideicommissa [Fideicommissa] ; and the 
 Emperor Antoninus Pius applied it to the case of 
 fideicommissa, when there was an intestacy. (Dig. 
 35. tit. 2. s. 18.) The Lex Falcidia applied to the 
 wills of persons who died in captivity {apitd 
 JMstes), for a previous Lex Cornelia had given to 
 the wills of such persons the same force as if they 
 had died cives {in civitate. Dig. 35. tit. 2. s. 1). 
 
 Legata were inutilia or void, if they were given 
 before a heres was instituted by the will, for the 
 will derived all its legal efficacy from such institu- 
 tion ; there was the same nde as to a gift of free- 
 dom. It was an inutile legatum, if in form the 
 gift was given after the death of the heres, but it 
 might be given on the event of his death ; it was 
 also inutile if given in form on the day before the 
 death of the testator, for which nile of law, says 
 Gaius, there seems to be no good reason {pretiosa 
 ratio). A legatmn could not be left in the way of 
 a penalty (puenae ?iomine), that is, for the purpose 
 of compelling the heres to do or restraining him 
 from doing any particular act. A legacy could not 
 be left to an uncertain person {iricerta persona). 
 The notion of an uncertain person was not of a 
 person who could never be ascertained, for in 
 several of the instances mentioned by Gaius the 
 person or persons would easily be ascertained (for in- 
 stance " qui post testamentum consules designati 
 erunt ") ; but the notion of the uncertainty was re- 
 ferred to the mind of the testator at the time of 
 making his testament. Accordingly the persona 
 was not considered incerta, where he was one of a 
 certain class, such as cognati, though tlie indivi- 
 dual of the class might be uncertain till the event 
 happened which was to dctemiine who out of the 
 class was intended by the testator. Such a form 
 of bequest was called a certa demonstratio incertae 
 personae. (Gaius, ii. 238.) A legacy could not be 
 left to a postumus alienus nor could such a person 
 be a heres institutus, for he was an incerta persona. 
 It has been explained elsewhere who is a postiunus 
 [IIbre.s, p. 478]: a postumus alienus is one who 
 when born cannot be among the sui heredes of the 
 testator. 
 
 It was a question whether a legacy could be 
 legally {rectc) left to a person, who was in the 
 power of another person who was made heres by 
 the same will. The Procidiani denied that such a 
 legacy could be left either pure or sub condicione. 
 But if a person who was in the power of another 
 was made heres, a legacy might be left {ab co 
 Icgari) to the person in whose power he was ; for 
 if such latter person became heres thereby {per 
 eum), the legacy was extinguished, because a man 
 cannot owe a thing to himself ; but if the son was 
 emancipated, or the slave was manumitted or 
 transferred to another, and so the son became 
 heres, or so the slave made another person heres, 
 the legacy was due to the father or fonner master. 
 Not only Res singulae could be given as a legacy, 
 but also a part of a universitas of things (imi- 
 vcrsarum reram) could be so given; thus the heres 
 might be directed to share a half or any other part 
 
LEGATUS. 
 
 LEGATUS. 
 
 555 
 
 of the hereditas with another, which was called 
 partitio. (Cic. Lcr;. ii. "20, Pro Caecin. 4 ; UIp. 
 Fra(j. tit. 2i. s. 25.) By the jus civile there might 
 be a legacy of a ususfructus of those tilings which 
 were capable of being used and enjoyed without 
 detriment to the things. By a senatuscousultum 
 there might be a legacy of the ahusus of those 
 things which were consiuned in the use, as wine, 
 oil, wheat, but the legatarius had to give security 
 for the restoration of them when his right to the 
 enjoyment ceased. This technical meaning of 
 abusiis, that is the use of things which are con- 
 sumed in the use, is contrasted with ususfructus 
 by Cicero {Top. 3 ; Ueher das alter des (jiiasi- 
 ususfrudus, von Puchta, Rlieinisclies Mits. 1829). 
 
 A legacy might be transferred to another per- 
 son, or taken away (adiiiii) by another will or 
 codicilli contirmed by a will ; it might also be 
 taken away by erasure of the gift from the will. 
 Such a revocation of legacies (ademptio Uyatorum) 
 seems to have been only effected in the way men- 
 tioned. The expression ademption of legacies in 
 English law has a diiferent meaning, and in the 
 case of a specific thing corresponds to the Roman 
 extinction of legacies, which took place if the tes- 
 tator disposed of the thing in his lifetime. 
 
 If a legatee died after the day on which the 
 legatum had become his (post diem legati ccdentcm), 
 it passed to his heres ; or to use a phrase of Eng- 
 lish law, the legacy was vested. The phrase 
 " dies legati cedit" accordingly means " the time 
 is come at which the legacy belongs to the legatee," 
 though the time may not have come when he is 
 entitled to receive it ; and " dies venit" denotes the 
 arrival of the day on which it can be demanded. 
 ( Dig. 50. tit. 1 (i. s. 213.) If the legacy was left con- 
 ditionally there was no vesting till the condition 
 was fulfilled. By the old law, legacies which were 
 left unconditionally or from a time named (in divm 
 certuiii) were vested from the time of the testator's 
 death ; but by the Lex Papia they vested from the 
 time of opening the will. The legacy might vest 
 immediately on the death of the testator and yet 
 the testator might defer the time of pajTUent ( Dig. 
 3G. tit. 2. s. 21). A legacy might also be left on a 
 condition of time only, as a legacy to Titius ii-lie.n 
 or j/'he should attain the age of fourteen years, in 
 which case the words wlwn and if were considered 
 equivalent, a decision which has been adopted in 
 English law, in cases in which there is nothing in 
 the will which gives the words " when" or " if" 
 a different signification. (Dig. 36. tit. 2. s. 5. "22 ; 
 Hanson v. Graham, (i Ves. p. 243.) 
 
 (Uaius, 191 — 245 ; Ulp. Frag. tit. xxiv. ; Dig. 
 30, &c. ; Paulus, S. R. iii. tit. 6.) [G. L.] 
 
 LEGA'TUS. Legati may be divided into three 
 classes : 1 . Legati or ambassadors sent to Rome 
 by foreign nations ; 2. Legati or ambassadors sent 
 from Rome to foreign nations and into the pro- 
 vinces ; 3. Legati who accompanied the Roman 
 generals into the field, or the proconsuls and prae- 
 tors into the provinces. 
 
 I. Foreign legati at Rome, from whatever coun- 
 try they came, had to go to the temple of Saturn 
 and deposit their names with the quaestors, which 
 Plutarch {Qiutest. Rom. p. 275 b) explains as a 
 remnant of an ancient custom ; for fonnerly, says 
 he, t!ie quaestors sent presents to all legati, which 
 were called lautia, and if any ambassador was taken 
 ill at Rome, he was in the care of the quaestors, 
 who, if he died, had also to pay the expenses of 
 
 his burial from the public treasury. When after- 
 wards the number of foreign ambassadors increased 
 in proportion as the republic became extended, the 
 fonner hospitable custom was reduced to the mere 
 fonnality of depositing the name with the keepers 
 of the public treasury. Previous to their admis- 
 sion into the city, foreign ambassadors seem to 
 have been obliged to give notice from what nation 
 they came and for what purpose ; for several in- 
 stances are mentioned in which ambassadors were 
 prohibited from entering the city, especially in case 
 of a war between Rome and the state from which 
 they came. (Liv. xxx. 21 ; xlii. 36 ; xlv. 22.) In 
 such cases the ambassadors were either not heard 
 at all, and obliged to quit Italy (Liv. xlii. 36), or 
 an audience was given to them by the senate (senuius 
 k'gatis datur) outside the city, in the temple of 
 Bellona. (Liv. I.e. ; xxx. 21.) This was evidently 
 a sign of mistrust, but the ambassadors were never- 
 theless treated as public guests, and some public 
 villa outside the city was sometimes assigned for 
 their reception. In other cases, however, as soon 
 as the report of the landing of foreign ambassa- 
 dors on the coast of Italy was brought to Rome, 
 especially if they were persons of great distinc- 
 tion, as the son of Masinissa (Liv. xlv. 13), 
 or if they came from an ally of the Roman 
 people, some one of the inferior magistrates, or a 
 legatus of a consul, was despatched by the senate 
 to receive and conduct them to the city at the ex- 
 pense of the republic. When they were intro- 
 duced into the senate by the praetor or consul, 
 they first explained what they had to communicate, 
 and then the praetor invited the senators to put 
 their questions to the ambassadors. (Liv. xxx. 22.) 
 The manner in which this questioning was fre- 
 quently carried on, especially when the envoys came 
 from a state with wliich the Romans were at war, 
 resembled more the cross-questioning of a witness 
 in a court of justice, than an inquiry made with a 
 view to gain a clear understanding of what was 
 proposed. (Liv. /. c. with Gronov's note.) The 
 whole transaction was carried on by interpreters, 
 and in the Latin language. [Interpres.] Vale- 
 rius Alaximus (ii. 2. § 3) states that the Greek 
 rhetorician Molo, a teacher of Cicero, was the first 
 foreigner who ever addressed the Roman senate in 
 his own tongue. After the ambass;idors had thus 
 been examined, they were requested to leave the 
 assembly of the senate, who now began to discuss 
 the subject brought before them. The result was 
 communicated to the ambassadors by the praetor. 
 (Liv. viii. 1.) In some cases ambassadors not only 
 received rich presents on their departure, but were 
 at the command of the senate conducted hy a 
 magistrate, and at the public expense, to the fron- 
 tier of Ital}-, and even further. (Liv. xlv. 14.) By 
 the Lex Gabinia it was decreed that from the first 
 of February to the first of March, the senate should 
 every day give audience to foreign ambassadors. 
 (Cic. ad Quitd. Frat. ii. 11, 12; ad Faiii. i. 4.) 
 There was at Rome, as Varro {De Ling. Lat. v. 
 155. Miiller) expresses it, a place on the right- 
 hand side of the senate-house called Graecostasis, 
 in which foreign ambassadors waited. 
 
 All ambassadors, whencesoever they came, were 
 considered by the Romans throughout the whole 
 period of their existence as sacred and inviolable. 
 (Cic. e. Vcrr. i. 33 ; Dionys. Hal. Atit. Rom. xi. 
 p. 706 ; Tacit. Ann. i. 42 ; Liv. xxi. 10 ; Dig. 50. 
 tit. 7. 3. 17.) 
 
556 
 
 LEGATUS. 
 
 AEinOSTPATl'Or rPA*H'. 
 
 II. Legati to foreign nations in the name of the 
 Roman republic were always sent by the senate 
 (Cic. c. Vaiin. 15); and to be appointed to such a 
 mission was considered a great honour, which was 
 conferred only on men of high rank or eminence ; 
 for a Roman ambassador, according to Dionysius, 
 had the powers (f'^oi/cri'a Koi Siifafiis) of a magi- 
 strate and the venerable character of a priest. If 
 a Roman during the perfonnance of his mission as 
 ambassador died or was killed, his memory was 
 honoured by the republic with a public sepulchre 
 and a statue in the Rostra. (Liv. iv. 17 ; Cic. 
 Philip, ix. 1 .) The expenses during the journey of 
 an ambassador were, of course, paid by the re- 
 public ; and when he travelled through a province, 
 the pro\-incials had to supply him with everything 
 he wanted. 
 
 III. The third class of legati, to whom the 
 name of ambassadors cannot be applied, were per- 
 sons who accompanied the Roman generals on their 
 expeditions, and in later times the governors of 
 pro\ances also. Legati, as serving under the con- 
 suls in the Roman armies, are mentioned along 
 with the tribunes at a very earlj' period. (Liv. ii. 
 59; iv. 17.) These legati were nominated {leya- 
 ianiur) by the consul or the dictator mider whom 
 they served (Sallust. Juy. 28 ; Cic. ail Alt. xv. 1 1 ; 
 lul Fam. vi. G ; pru Ley. Ma?til. 1!J), but the 
 sanction of the senate [scnatusconsultitm) was an 
 essential point without which no one could be 
 legally considered a legatus (Cic. c. Vatin. I. c. ; 
 pro Sej:t. 14) ; and from Livy (xliii. 1 ; compare 
 xliv. 18) it appears that the nomination by the 
 magistrates (consul, praetor, or dictator) did not 
 take place until they had been authorised by a 
 decree of the senate. The persons appointed to 
 this olfice were usually men of great military 
 talents, and it was their duty to advise and assist 
 their superior in all his undertakings, and to act 
 in his stead both in civil and military affairs. 
 (Varro, De Liny. Lai. v. 87. Miiller.) The legati 
 were thus always men in whom the consul placed 
 great confidence, and were firequently his friends or 
 relations ; but they had no power independent of 
 the command of their general. (Caes. De Bull. Civ. 
 ii. 17 ; iii. 51 ; Appian, De Bell. Civ. i. 38.) Their 
 number varied according to the greatness or im- 
 portance of the war, or the extent of the province: 
 three is the smallest number we know of, but 
 Pompey, when in Asia, had fifteen legati. W^hen- 
 ever the consuls were absent from the army, or 
 when a proconsul left his province, the legati or 
 one of them took his place, and then had the in- 
 signia as well as the power of his superior. He 
 was in this case called legatus pro praetore (Liv. 
 xxix. 9 ; Lydus, De Mayistr. iii. 3 ; Caes. De Bell. 
 Gull. i. 21 ), and hence we sometimes read that a 
 man governed a province as legatus without any 
 mention being made of the proconsul whose vice- 
 gerent he was. (Sallust. Cat. 42.) During the 
 latter period of the republic, it sometimes hap- 
 pened that a consul carried on a war, or a pro- 
 consul governed his province through his legati, 
 while he himself remained at Rome, or conducted 
 some other more urgent atlairs. 
 
 When the provinces were divided at the time 
 of the empire [Provincia], those of the Roman 
 people were governed by men who had either been 
 consuls or praetors, and the foniier were always 
 accompanied by three legati, the latter by one. 
 (Dion C'ass. iiii. 13; Dig. 1. tit. Ki.) The pro- 1 
 
 vinces of the emperor, who was himself the pro- 
 consul, were governed by persons whom the 
 emperor himself appointed, and who had been con- 
 suls or praetors, or were at least senators. These 
 vicegerents of the emperor were called Icyati 
 aiiyusti pro pnietorc, leynti praeturii, leyali co?!SUr 
 lares, or simply leyuti, and they, like the governors 
 of the provinciae popuU Romani, had one or three 
 legati as their assistants. (Strabo, iii. p. 352 ; com- 
 pare Dig. 1. tit. 18. s. 7 ; Tacit. Aim. xii. 59 ; 
 Ayricol. c. 7 ; Spanlieim, De Usaetpracst.Numism. 
 ii. p. 595.) 
 
 During the latter period of the republic it had 
 become customary for senators to obtain from the 
 senate the pennission to travel through or stay in 
 any province at the expense of the provincials, 
 merely for the purpose of managing and conducting 
 their own personal affairs. There was no restraint 
 as to the length of time the senators were allowed 
 to avail themselves of this privilege, which was a 
 heavy burden upon the provincials. This mode of 
 sojourning in a province was called legatio libera, 
 because those who availed themselves of it en- 
 joj-ed all the privileges of a public legatus or 
 ambassador, Avithout having any of his duties to 
 perform. At the time of Cicero the privilege of 
 legatio liljera was abused to a very great extent. 
 Cicero, therefore, in his consulship endeavoured 
 to put an end to it, but owing to the opposition of 
 a tribune, he only succeeded in limiting the time 
 of its duration to one year. (Cic. Dc Leyy. iii. 8 ; 
 De Ley. Ayr. i. 3 ; pro Place. 34 ; Philip, i. 2.) 
 J. Caesar afterwards extended the time during 
 which a senator might avail himself of legatio libera 
 to five years (Cic. ad Att. xv. 1 1), and this law of 
 Caesar (Lex Julia) seems to have remained in 
 force down to a very late period. (Sue ton. Tiber. 
 31 ; Dig. 50. tit. 7. s. 14.) [L. S.] 
 
 LEGES. [Lex.] 
 
 LECiIO. [Armv (Roman).] 
 
 LEGIS ACTIO. [Actio, p. 7.] 
 
 LEGIS AQUI'LIAE ACTIO. [Damni In- 
 juria Actio.] 
 
 LEGI'TIMA ACTIO. [Actio, p. 7.] 
 
 LEGI'TIMA HERE'DITAS. [Herbs (Ro- 
 man), p. 475. 477.] 
 
 AEinOMAPTTPI'OT Al'KH. [MAPTTPI'A.J 
 
 AEinONATTl'OT FPA-I-H'. The indictment 
 for desertion from the fleet was preferred before 
 the tribunal of the strategi ; and the court which 
 under their superintendence sat for the trial of 
 this and similar mUitaiy offences was composed of 
 citizens who had been engaged in the expedition 
 in question. (Meier, Att. Proc. 108. 133.) The 
 penalty upon conviction seems to have been a fine, 
 and the complete disfranchisement of the offender 
 and his descendants. (Petit. L^cy. Att. 401. 6(J7.) 
 
 [J. S. M.] 
 
 AEin02TPATI'0T rPA*H'. The circum- 
 stances of the trial- for desertion from the army 
 and the penalties inflicted upon conviction were 
 the same as in the case of desertion from the fleet 
 [AEinONATTI'OT rPA*H'], and the offence was 
 also punishable by an eisangelia, which, Heraldus 
 suggests, would be frequently adopted when the 
 accuser was solicitous to impose silence upon a 
 political opponent by procuring his disfranchise- 
 ment, as this was a necessary consequence of 
 judgment being given against the defendant, and 
 prevented his speakiug or appearing in public. The 
 eisangelia in such case would be preferred before 
 
AETTOTPri'A. 
 
 LEMNISCUS. 
 
 557 
 
 the assembly of the people, by which, if reasonable 
 cause appeared, it would be submitted to the de- 
 cision of one of the ordinary legal tribunals. 
 (Herald. Aiiimad. in Salinas, p. •24-2.) [.I. S. jNI.J 
 AEinOTAHl'OT rPA*H'. ['ASTPATEI'AS 
 rPA-I-H'.] 
 
 AEITOTPn'A (from Xfnou, Ion. K-fi'iTov, i. e. 
 Ztijidcnov, or, according to others, vpvTav^'tov') is 
 the name of certain personal services which, at 
 Athens and in some other Greek republics, every 
 citizen, who possessed a certain amount of pro- 
 perty, had to perform towards the state. These 
 personal services, which in all cases were con- 
 nected with considerable expenses, occur in the 
 history of Attica as early as the time of the 
 Peisistratids (Aristot. Oeconom. ii. 5), and were 
 probably, if not introduced, at least sanctioned by 
 the legislation of Solon. They were at first a 
 natural consequence of the greater political privi- 
 leges enjoyed by the wealth}-, who, in return, had 
 also to pcrfonn heavier duties towards the re- 
 public ; but when the Athenian democracy was at 
 its height, the original character of these liturgies 
 became changed, for as every citizen now enjoyed 
 the same rights and privileges as the wealtiiiest, 
 they were simplj' a tax upon property connected 
 with personal labour and exertion {rots XP''}/*""'' 
 Kal T(fi (ToifiaTi KfiTovpye^v). Notwithstanding 
 this altered character of the liturgies, we scarcely 
 ever find that complaints were made by persons 
 subject to them ; many wealthy Athenians, on the 
 contrarj', ruined their estates by their ambitious 
 exertions, and by the desire to gain the favour of 
 the people. (Xen. Dc Rep. Ath. i. 13; Demosth. 
 c. Eueryct. p. 1155 ; compare Lys. pro boii. Alcib. 
 p. ()40" and 657; Isocmt. Dc liuj. 15; Aristot. 
 Polil. V. 7. p. 173. ed. Gottling.) To do no more 
 than the law required (w^oaiova^ai, Isaeus, De 
 Apollud. c. 3!i) was at Athens considered as a dis- 
 grace, and in some cases a wealthy Athenian, even 
 when it was not his turn, would volunteer to per- 
 form a liturgy. (Demosth. c. Mkl. p. 519. 5(iC, &c.; 
 compare Bockh, Pub. Ecnn. of Athens, ii. p. 202.) 
 
 All liturgies may be divided into two classes, 
 1, ordinary or encyclic liturgies (ey/cu/cXioi AeiToup- 
 71'ai, Demosth. c. Lept. p. 463), and 2, extraordi- 
 nary liturgies. The former were called encyclic, 
 because they recurred every year at certain festive 
 seasons, and comprised the xopijy'f, yvfj-vaffiapx^'^, 
 Ka/nraSapxia, dpx'Sfoipia, and eaTiacis, which are 
 all described in separate articles. [Ciiobagus ; 
 GvMN.iSU M, p. 4(i2 ; AAMnAAH<i>OPI'A ; GE- 
 nPI'A ; 'E2TI'A2I2.] Every Athenian who 
 possessed three talents and above, was subject 
 to them (Demosth. c. Aphoh. p. 833; Isaeus, Dc 
 Pyrrh. Itered. c. 80), and they were undertaken 
 •in turns by the members of every tribe who posses- 
 sed the property qualification just mentioned, un- 
 less some one volunteered to undertake a liturgy 
 for another person. But the law did not allow 
 any one to be compelled to undertake more than 
 one liturgy at a time (Demosth. c. Lcpit. p. 462 ; 
 c. Polyckt. p. 1209), and he who had in one year 
 performed a litiu-gy, was free for the next (iviam&v 
 StaKiTvav eKaffros \eiTovpyei, Demosth. c. Lcpt. p. 
 45!)), so that legally a person had to perform a 
 liturgy only every other year. Those whose turn 
 it was to undertake any of the ordinary liturgies, 
 were always appointed by their own tribe (De- 
 mosth. c. Mid. p. 510. 519), or in other words, by 
 the eVi^eATjTal Tuf tpvKwv (Tittmann, Griecli. 
 
 Staatsv. p. 296, &c. ; Bockh, Pub. Ecoti., &c. i. 
 p. 211), and the tribe shared praise as well as 
 blame with its Kfirovpyos. 
 
 The persons who were exempt from all kinds of 
 liturgies were the nine archons, heiresses, and 
 orphans until after the commencement of the 
 second year of their coming of age. (Lysias, c. 
 Diof/eit. p. 908; Demosth. De Si/mmor. p. 182.) 
 Sometimes the exemption from liturgies («T€A.6i'a) 
 was granted to persons for especial merits towards 
 the republic. (Demosth. c. Lcpt. p. 466, &c.) 
 
 The only kind of extraordinary liturgy to which 
 the name is properly applied, is the trierarchy 
 (rpiTipapxia) ; in the earlier times, however, the 
 service in the annies was in reality no more than 
 an extraordinary liturgy. (See 'EI2*OPA' and 
 TPIHPAPXI'A.) In later times, during and after 
 the Peloponnesian war, when the expenses of a 
 liturgy were found too heavy for one person, we 
 find that in many instances two persons combined 
 to defray the expenses of a liturgy {avvTeKda). 
 Such was the case with the choragia and the trier- 
 archy. (Hemiann, Polit. Ant. § 161. n. 12 and 
 13.) 
 
 Liturgies in regard to the persons by whom 
 they were performed were also divided into AeiToup- 
 7(01 noKiTiKai, such as were incumbent upon 
 citizens, and \eiTovpy'iai rwv fieTo'iKaiv. (De- 
 mosth. c. Lcpt. p. 462.) The only liturgies which 
 are mentioned as having been performed by the 
 fieroiKoi, are the choregia at the festival of the 
 Lenaea (Schol. ad Aristoph. Pint. 954), and the 
 iuriacris (Ulpian, ad Demosth. Lcpt. § 15), to 
 which may be added the hydriaphoria and skiade- 
 phoria. ['TfAPIA<J>OPI'A.] 
 
 That liturgies were not peculiar to Athens, has 
 been shown by Bockh {Pub. Econ., &c. ii. p. 4, 
 &c.), for choregia and other liturgies are men- 
 tioned at Siphnos (Isocrat. Aajinct. c. 17); cho- 
 regia in Aegina even before the Persian wars 
 (Herod, v. 83); in Mitylene during the Pelopon- 
 nesian war (Antiph. De Coed. Herod, p. 744); at 
 Thebes in the time of Epaminondas (Plut. Aristid. 
 1 ) ; at Orchomenos, in Rhodes, and in several 
 towns of Asia Minor. (Compare Wolf, Prolajom. 
 in Demosth. Lcpt. p. Ixixvi., &c. ; Wachsmuth, 11. 
 i. p. 130, &c.) [L. S.] 
 
 LEMNISCLTS (X-niiviffKos). This word is said 
 to have originally been used only by the Syracu- 
 sans. (Hesych. s. v.) It signified a kind of colour- 
 ed ribbon which hung down from crowns or dia- 
 dems at the back part of the head. (Eest. s. v.) 
 The earliest crowns are said to have consisted of 
 wool, so that we have to conceive the lemniscus as 
 a ribbon woimd around the wool in such a manner 
 that the two ends of the ribbon, where they met, 
 were allowed to hang down. See the representa- 
 tions of the corona obsidionalis and civica in p. 
 287, where the lemnisci not only appear as a means 
 to keep the little branches of the crowns together, 
 but also serve as an omament. From tlie remark 
 of Servius [ad Aen. v. 269) it appears that coronae 
 adorned with lemnisci were a greater distinction 
 than those without them. This serves to explain 
 an expression of Cicero {pro Rose. Am. c. 35 : 
 palma leinniscata) where palma means a victory, 
 and the epithet lemniscata indicates the contrary 
 of infamis, and at the same time implies an honour- 
 able as well as a lucrative victory. (Compare Auson. 
 Episi. XX. 5.) 
 
 It seems that lemnisci were also worn alone and 
 
5.58 
 
 LERNAEA. 
 
 LEX. 
 
 without being connected with crowns, especially 
 by ladies, as an ornament for the head. (Plin. xxi. 
 3.) To show honour and admiration for a person, 
 flowers, garlands, and lemnisci were sometimes 
 showered upon him while he walked in public. 
 (Casaubon ad Suet. Net: 25 ; Liv. xxxiii. 19.) 
 
 Lemnisci seem originally to have been made of 
 wool, andafterwards of the finest kindsof bast(jo/H'?j/- 
 rae, Plin. //. A'', xv. 14); but during the latter 
 period of the republic the wealthy Crassus not only 
 made the foliage or leaves of crowns of thin sheets 
 of gold and silver, but the lemnisci likewise; and 
 P. Claudius Pulchcr embellished the metal-lemnisci 
 with works of art in relief and with inscriptions. 
 (Plin. //. A^. xxi. .3.) 
 
 The word lemniscus is used by medical writers 
 in the signification of a kind of liniment applied to 
 wounds. (Celsus, vii. 28 ; Veget. De He Veter. ii. 
 14 and 48; iii. 18.) [L. S.] 
 
 LEMURA'LIA or LEMU'RIA, a festival for 
 the souls of the departed, which was celebKited at 
 Rome every j'ear in the month of May. It was 
 said to have been instituted by RoraiJus to ap- 
 pease the spirit of Remus whom he had slain 
 (Ovid, Fast. V. 473, &c.), and to have been called 
 originally Remuria. It was celebrated at night 
 and in silence, and during three alternate days, 
 that is, on the ninth, eleventh, and thirteenth of 
 May. During this season the temples of the gods 
 were closed, and it was thought unlucky for women 
 to marry at this time and during the whole month 
 of May, and those who ventured to marrj' were 
 believed to die soon after, whence the proverb, 
 tnetisi; Mtiio malae mihctit. Those who celebrated 
 the Lenmralia, waUced barefooted, washed tlieir 
 hands three times, and threw nine times black 
 beans behind their backs, believing by this cere- 
 mony to secure themselves against the Lemures. 
 (Varro, Vita. pop. Mom. Fragm. p. 24L ed. 
 Bipont ; Servius, ad Aen. i. 276.) As regards 
 the solemnities on each of the three days, we only 
 know that on the second there were games in the 
 circus in honour of Mars (Ovid, Fast. v. 597),and 
 that on the third day the images of the thirty 
 Argei, made of rushes, were thrown from the pons 
 sublicius into the Tiber by the Vestal virgins. 
 (Ovid, Fast. V. G21 ; Fest. s. v. Depontani; com- 
 pare Argei.) On the same day there was a festi- 
 val of the merchants (festum mereatorum, Ovid, 
 Fast. V. G70, &c.), probably because on this day 
 the temple of Mercury had been dedicated in the 
 year 495 B. c. (Liv. ii. 21.) On this occasion the 
 merchants offered up incense, and by means of a 
 laurel-branch sprinkled themselves and their goods 
 with water from the well of Mercurj' at the Porta 
 Capena, hoping thereby to make their business 
 prosper. [L. S.] 
 
 LENAEA. [Dionysia, p. 341, 342.] 
 
 AHNO'2. [TORCULAR.] 
 
 AEONIAErA were solemnities celebrated every 
 
 year at Sparta in honour of Leonidas, who, with ' 
 
 his 3U0 Spartans, had fallen at Thermopylae. Op- | 
 
 posite the theatre at Sparta there were two sepul- i 
 
 chral monmnents, one of Pausanias and another of ' 
 
 Leonidas, and hero a funeral oration was spoken i 
 
 every year, and a contest was held, in which none ' 
 
 but Spartans were allowed to take part. (Paus. iii. 1 
 
 14. g 1.) [L. S.] I 
 
 LEPTA. [Aes, p. 21.] 1 
 
 LE'RIA. [LiMBus ; Tunica.] 
 
 LERNAEA (Aepvala), were mysteries (xeAeTrf) | i 
 
 celebrated at Lema in Argolis, in honour of Deme- 
 . ter. (Paus. ii. 3fi. § 7.) They were said to have 
 , been instituted by Philammon. (Paus. ii. 37. § 3.) 
 ; In ancient times the Argives carried the fire from 
 , the temple of Artemis Pyronia, on Mount Crathis, 
 to the Lernaea. (Paus. viii. 15. § 4.) These 
 ■ mysteries were probably a remnant of the ancient 
 religion of the Pelasgians, but further pjirticulars 
 ' arc not known. [L. S.] 
 
 LEX. Lex is thus defined by Papinian (Dig. 
 1. tit. 3. s. 1): — " Lex est commune praeceptum, 
 virorum prudentium consultum, delictorum, quae 
 sponte vel ignorantia contrahuntur, coercitio, com- 
 munis reipublicae sponsio." Cicero {Leij. i. 6) de- 
 fines it thus : — " Quae scripto sancit quod vult, 
 aut jubendo, aut vetando." The fault of these 
 definitions consists in their referring to the object 
 of a Lex, which is an accident, rather than to that 
 which constitutes the essential character of a Lex. 
 A Law is a rule or command of the sovereign 
 power in a state addressed to and enforced upon 
 the members of such state ; and this is tlie sense 
 of Lex in the Roman writers. 
 
 In the Institutes (i. tit. 2. s. 4) there is a defi- 
 nition of a Le.x, which approaches nearer to the 
 truth, because it has a more direct reference to 
 that power which is the source of law : — " Lex est 
 quod Populus Romanus senatorio magistratu inter- 
 rogante, veluti Consule, constituebat." The defim- 
 tion of Capito (Gell. x. 20) is " Cienerale jussum 
 populi aut plebis rogante magistratu ;" but this 
 definition, as Gellius observes, will not apply to 
 such cases as the Lex about the Imperium of 
 Pompey, or that about the return of Cicero, which 
 related only to individuals, and were therefore 
 properly called Privilegia. 
 
 (_)f Roman Leges, viewed" with reference to the 
 mode of enactment, there were properly two kinds. 
 Leges Curiatae and Leges Centuriatae. Plebiscita 
 are improperly called Leges, though they were Laws, 
 and in the course of time had the same eflFect as Leges. 
 
 Originally the Leges Curiatae wore the only 
 Leges, and they were passed by the poi)ulus in the 
 Comitia Curiata. After the establishment of the 
 Comitia Centuriata, the Comitia Curiata fell al- 
 most into disuse ; but so long as the Republic 
 lasted, and even under Augustus, a shadow of the 
 old constitution was preserved in the formal con- 
 ferring of the Imperium by a Lex Curiata only, 
 and in the ceremony of adrogation being effected 
 only in these Comitia. [Adoption.] 
 
 Those Leges, properly so called, with which we 
 are acquainted, were passed in the Comitia Centu- 
 riata, and were proposed {rogahantur) by a magi- 
 stratus of senatorial rank, after the Senate had 
 approved of them by a Decretum. Such a Lex was 
 also designated by the name Populi Scitum. 
 (Festus, s. V. Scitum Pop.) 
 
 A Plebiscitum was a law made in the Comitia 
 Tributa, on the rogation of a Tribune : " Plebis- 
 citum est quod plebs plebeio magistratu interro- 
 gante, veluti Tribuno, constituebat." (Inst. L 
 tit. 2. s. 4.) " Accordingly," says Gains (i. 3), 
 " formerly the patricii used to say that they were 
 not bound by Plebiscita, because they were made 
 without their sanction (sine auctoritate coriim) ; 
 but afterwards the Lex Hortensia was carried 
 (b. c. 288), which provided that Plebiscita should 
 bind the whole populus (in the larger sense of the 
 word), and thus they were made of equal force 
 with Leges." (Liv. viii. 12 ; Gell. xv. 27.) 
 
LEX. 
 
 LEX. 
 
 559 
 
 Consistently with this statement we find that 
 Cicero, in his enumeration of the sources of Roman 
 law {Tfij^. 5), does not mention Plebiscita, which 
 he undoubtedly comprehended under " leges." 
 Various Plebiscita also are quoted as leges, such 
 as the Lex Falcidia (Gains, ii. 227) and Lex 
 Aquilia. (Cic. Pro Tallio, 8. 11.) In the Table of 
 Heraclea the words " lege plebisvescito " appear 
 to refer to the same enactment ; and in the Lex 
 Rubria there occurs the phrase " ex lege Rubria 
 sive id plebisvescitum est;" both which expres- 
 sions are probably only a way of designating a 
 Plebiscitum. (Savagny, Zcitschrift, Sec. ix. 355.) 
 
 The word Rogatio (from the verb rorjo) properly 
 means any measure proposed to the legislative 
 body, and therefore is equally applicable to a pro- 
 posed Lex and a proposed Plebiscitum. Accord- 
 ingly there occur the expressions "populum ro- 
 gare," to propose a lex to the populus ; and " legem 
 rogare," to propose a lex. (Festus, s. v. Royatio.) 
 A Rogatio then is properly a proposed lex or a 
 proposed plebiscitum. The foi-m of a Rogatio, in 
 the case of Adrogatio, which was effected at the 
 Comitia Curiata {per pripuli i-ngatioticm), is pre- 
 served by Gellius (v. 19): it begins with the 
 words " Velitis, jubcatis, &c.," and ends with the 
 words " ita vos Quirites rogo." The correspond- 
 ing expression of assent to the Rogatio on the part 
 of the sovereign assembly was, Uti Rogas. The 
 term Rogatio therefore included every proposed 
 Lex, Plebiscitum, and Privilegium, for without a 
 Rogatio there could be no command (Jussu7h) of 
 the Populus or Plcbs. But the words Lex, Plebis- 
 citum, and Privilegium were often improperly 
 used as equivalents ; and Rogationes after they 
 had become laws, were still sometimes called Ro- 
 gationes. (Gell. XV. 27.) The term Rogationes is 
 often applied to measures proposed by the Tri- 
 bunes, and afterwards made Plebiscita: hence 
 some writers (improperly) view Rogatio as simply 
 equivalent to Plebiscitum. Besides the phrase 
 " rogare legem," there are the equivalent phrases 
 " legem ferre," and " rogationem promulgare," as 
 applied to the proposer ; the phrase " rogationem 
 accipere" applies to the enacting body. " Lex Ro- 
 gata " is equivalent to " Lex Lata." (Dig. 35. 
 tit. 2. s. 1. Ad kyem Fcdcidiam.) The terms re- 
 lating to legislation are thus explained by Ulpian 
 (tit. 1. s. 3): — "A Lex is said either ror/ari or 
 ferri; it is said ahrurjari, when it is repealed ; it is 
 said deroijari, when a part is repealed ; it is said 
 suLroijari, when some addition is made to it ; and 
 it is said ohroi/ari, when some part of it is chang- 
 ed." It follows from these terms being used in 
 Roman law, independent of direct evidence, which 
 is not wanting, that a subsequent lex alwaj's re- 
 pealed or altered a prior lex which was inconsist- 
 ent with it. 
 
 As to their form, we can judge of the Roman 
 style of legislation by the fragments which exist. 
 The Romans seem to have alwaj-s adhered to the 
 old expressions, and to have used few superfluous 
 words. Great care was taken with such clauses as 
 were proposed to alter a former lex, and great care 
 was also used to avoid all interference with a 
 former lex, when no change in it was intended. 
 The Leges were often divided into chapters, each 
 of which concluded with the sanction or punish- 
 ment which was intended to secure the observance 
 of the lex. The title of the lex was generally de- 
 rived from the gentile name of the magistratus who 
 
 proposed it, as the Lex Hortensia from the Dicta- 
 tor Hortensius. Sometimes the lex took its name 
 from the two consuls or other magistrates, as the 
 Acilia Calpumia, Aelia or Aelia Sentia, Papia or 
 Papia Poppaea, and others. It seems to have been 
 the fashion to omit the word et between the two 
 names, though instances occur in which it was 
 used. [JaLiA Le.k et Titia.] A lex was also 
 Mten designated, with reference to its object, as 
 the Lex Cincia de Donis et Muneribus, Lex 
 Furia Testamentaria, Lex Julia Municipalis, and 
 many others. Leges which related to a common 
 object, were often designated by a collective 
 name, as Leges Agrariae, Judiciariae, and others. 
 Sometimes a chapter of a lex was referred to under 
 the title of the lex, with the addition of a reference 
 to the contents of the chapter, as Lex Julia de 
 Fundo Dotali, which was a chapter of the Lex 
 Julia de Adulteriis. A lex sometimes took its 
 name from the chief contents or its first chapter, as 
 Lex Jidia de Maritandis Ordinibus. Sometimes a 
 lex comprised very various provisions, relating to 
 'matters essentially different, and in that case it 
 was called Lex Satura. [Lex Caecilia Didia, 
 Lex Julia Municipalis.] 
 
 The number of Leges was greatly increased in 
 tlie later part of the republican period (Tacit. Ann. 
 in. 25 — 28), and J. Caesar is said to have con- 
 templated a revision of the whole body. Under 
 him and Augustus numerous enactments were 
 passed, which are known under the general name 
 of Juliae Leges [Juliae Leges]. It is often 
 stated that no Leges, properly so called, or Plebis- 
 cita were passed after the time of Augustus ; but 
 this is a mistake. Though the voting might be a 
 mere form, still the fonn was kept; and if this 
 were not so, the passage of Gains (i. 2, &c.), in 
 which he speaks of leges and plebiscita as forms 
 of legislation still in use, would be hardly correct. 
 Besides, various leges are mentioned as having 
 been passed under the Empire, such as the Lex 
 Junia under Tiberius, the Lex Visellia, the Lex 
 Mamilia under Caligiila, and a Lex Claudia on the 
 tutela of women. (Gains, i. 157. 171.) It does not 
 appear when the ancient forms of legislation were 
 laid aside, but they certainly long survived the 
 popular elections to which alone the passage of 
 Tacitus {Ann. i. 15) refers. 
 
 In the Digest a Senatusconsultura is sometimes 
 rcfen-ed to as a Lex (14. tit. 6. s. 9. § 4 ; s. 14) ; 
 in which there was no great impropriety if we 
 have regard to the time, for Senatusconsulta were 
 then laws. Still a Senatusconsultum, properly so 
 called, must not be confounded with a Lex properly 
 so called ; and there is no reason for supposing 
 that the Lex Claudia of Gains was a Senatuscon- 
 sidtum, for when he speaks of a Senatusconsultum 
 of the time of Claudius, he calls it such (i. 84. 91). 
 
 It remains further to explain the words Rogatio 
 and Privilegium. 
 
 Rogatio is defined by Festus to be, a command 
 of the Populus relating to one or more persons, but 
 not to all persons ; or relating to one or more 
 things, but not to all. That which the Populus 
 has commanded (scivit) with respect to all per- 
 sons or things is a Lex ; and Aelius Gallus says, 
 Rogatio is a geiuis legis ; that which is Lex is not 
 consequently (conlinao) Rogatio ; but Rogatio must 
 be Lex, if it has been proposed (rotjatu) at legal 
 comitia (Justis coiniiiis). According to this defini- 
 tion a rogatio, when enacted, is Lex ; there is also 
 
560 
 
 LEX. 
 
 LEX. 
 
 Lex which is not rogatio : therefore we must 
 assume a General name Lex, comprehending Lex 
 Proper and Rogatio. The passage of Aelius Cal- 
 lus is emctided by Goettling {Gcschichte der Rom. 
 Staatsv. &c. p. .310), whose emendation is founded 
 on his usual felicity in mistaking the sense of a 
 passage, and converts the clear meaning of Gallus 
 into nonsense. According to the definition of 
 Gallus, Rogatio was ecmivalcnt to Pri\'ilegium,_ a 
 tenn which occurred in the Twelve Tables (Cic. 
 Lcij. iii. 19), and it signified, according to Gallus 
 (Festus, s.v.Roi/u/w),im enactment that had for its 
 object a single person, which is indicated by the 
 form of the word {privi-leyium) " privae res," 
 being the same as " singulae res." The word 
 privilegium, according to tlie explanation of Gel- 
 lius, did not convey any notion of the character of 
 the legislative measures : it might be beneficial to 
 the party to whom it referred or it might not. It 
 is generally used by Cicero in the unfavourable 
 sense {Pro Domo, 17 ; Pro SeMio, 30 ; rogationem 
 privikf/ii similan. Brut. 23). Under the Empire, 
 the word is used in the sense of a special grant 
 proceeding from the imperial favour. 
 
 The meaning of Lex, as contrasted with Jus, is 
 stated in the article Jus. 
 
 Some other significations of Lex, which are not 
 its proper significations, are easily explained ; for 
 instance. Lex is used to express the terms or con- 
 ditions of a contract, apparently with reference to 
 the binding force of all legal contracts. In English 
 instruments of contract, it is often expressed that 
 it shall be " lawful " for one or more of the parties 
 to do a certain act, by which is simply meant that 
 the parties agree about something, which is legal, 
 aiid which therefore makes a valid contract. Ac- 
 cordingly we find the expression Leges Censoriae 
 to express the conditions on which the censors let 
 the public property to farm ; and perhaps the term 
 also signified certain standing regulations for such 
 matters, which the censors were empowered to 
 make. {Fruf/. dc jure Find, s. 18 ; Dig. 50. tit. IG. 
 s. 203.) In both the cases just referred to, the 
 phrase Lex Censoria is used (in the singular num- 
 ber), and this Lex, whether a Lex proper or not, 
 seems to have been divided into chapters. 
 
 Lex simply sometimes signifies the laws of the 
 Twelve Tables. 
 
 A particular enactment is always referred to by 
 its name. The following is a list of the principal 
 Lees, properly so called ; but the list includes also 
 various Plebiscita and Privilcgia. 
 
 ACI'LIA. [Repetundae.] 
 
 ACI'LIA CALPU'RNIA or CALPU'RNIA. 
 [Ambitus.] 
 
 AEBU'TIA, of uncertain date, which with two 
 Juliae Leges put an end to the Legis Actiones, 
 except in certain cases. [Judex ; Actio, p. 7.] 
 
 This or another Lex of the same name, pro- 
 hiljited the proposer of a lex, which created any 
 office or power {curatio ac potcstas), from having 
 such ofiice or power, and even excluded his col- 
 legae, cognati and affines. (Cic. i/i Hull. ii. 8.) 
 
 AE'LIA. This Lex and a Fufia Lex passed 
 about the end of the sixth century of the city, gave 
 to all the magistrates the obnunciatio or power of 
 preventing or dissolving the comitia, by observing 
 the omens and declaring them to be unfavourable. 
 (Cic. Phil. ii. 32; Pro SeMio, 15. 26; ad Atl. 
 ii. 9.) 
 
 AE'LIA SE'NTIA. This Lex contained vari- 
 
 ous provisions as to the manumission of slaves. 
 [Aelia Sentia Lex ; Manumissio.] 
 
 AEMI'LIA. A Lex passed in the Dictator- 
 ship of Mamercus Aemilius (b. c. 433), by which 
 the Censors were elected for a year and a half, in- 
 stead of a whole lustrum. (Liv. iv. 24; ix. 33.) 
 After this Lex they had accordingly only a year 
 and a half allowed them for holding the census and 
 letting out the p\iblic works to farm. 
 
 AEMI'LIA BAE'BIA. [Cornelia Baebia.] 
 AEMI'LIA LE'PIDI, AEMI'LIA SCAURI. 
 [Sumtuariae Lboes.] 
 
 AGRA'RIAE. [Apuleia ; Cassia ; Corne- 
 lia ; Flaminia ; Flavia ; Julia ; LiciNiA ; Ma- 
 MILIA ; Sempronia; Servilia; Thoria.] 
 A'MBITUS. [Ambitus.] 
 ANNA'LIS or VILLIA. [Aediles.] 
 A'NTIA. [Sumtuariae Leges.] 
 ANTO'NIAE, the name of various enactments 
 proposed or passed by the influence of M. Antonius, 
 after the death of the Dictator J. Caesar, such as 
 the Judiciaria. [Judex, p. 532.] Another lex that 
 was promulgated allowed an appeal to the populus 
 after conviction for Vis orMajestas. (Cic. J'hiLi.9.) 
 Various other measures proposed by M. Antonius 
 are mentioned by Cicero (Phil. i. 1 ; ii. 43 ; v. 3. 
 5), Dion Cassius (xhv. 51 ; xlv. 9. 20. 25. 34; 
 xlvi. 23, 24), and Appian {Bell. Civ. iii. 27. 30). 
 
 APULE'IA, gave a surety an action against 
 his co-sureties for whatever he had paid above his 
 share. [Intercessio.] 
 
 APULE'IA AGRA'RIA, proposed by the tri- 
 bune L. Apuleius Saturninus, b. c. 101. (Liv. 
 Epit. 69 ; Appian, Bell. Civ. i. 29 ; Cic. pro Seitio, 
 16. 47.) 
 
 APULE'IA FRUMENTA'RIA, proposed 
 about the same time by the same tribime. (Auct. 
 ad Hcren. i. 12.) 
 
 APULE'IA MAJESTA'TIS. [Majestas.] 
 AQUI'LIA. [Damni In.turia Actio.] 
 ATE'RNIA TARPE'IA, b. c. 441. This Lex 
 empowered all magistratus to fine persons who re- 
 sisted their authority ; but it fixed the highest fine 
 at two sheep and thirty cows, or two cows and 
 thirty sheep, for the authorities varj' in this. (Cic. 
 de Rep. ii. 35 ; Dionys. x. 50 ; Gcll. xi. i. ; Festus, 
 s.v. Multam ; Ocibus ; Peculatus ; Niebuhr, Hist, of 
 Rojtw, ii. p. 300.) 
 
 A'TIA DE SACERDO'TIIS (b. c. 63), pro- 
 posed by the tribune T. Atius Labienus, repeal- 
 ed the Lex Cornelia de Saccrdotiis. (Dion Cass, 
 xxxvii. 37.) 
 
 ATI'LIA. [Julia Lex et Titia ; Tutor.] 
 ATI'NIA, allowed no usucapion in a stolen 
 thing. (Gell. xvii. 7 ; Instit. 2. tit. 6. s. 2.) 
 [Furtum.] 
 
 ATI'NIA, of uncertain date, was a plebiscitum 
 which gave the rank of senator to a tribune. (Gell. 
 xiv. 8.) The measure probably originated with C. 
 Atinius, who was tribune u. c. 130. (Plin. //. N. 
 vii. 45 ; Cic. pro Domo, 47.) 
 
 AUFI'DIA. [Ambitus.] 
 
 AURE'LIA. [Tribuni.] 
 
 AURE'LIA JUDICIA'RIA. [Judex, p. 532.] 
 
 BAE'BIA (b.c. 1.92 or 180), which enacted 
 that four praetors and six praetors should be chosen 
 alternately (Liv. xl. 44) ; but the law was not ob- 
 served. 
 
 CAECI'LIA DE CENSO'RIBUS or CEN- 
 SO'RI A (b. c. 54), proposed by Metellus Scipio, 
 repealed a Clodia Lex (b.c. 58), which had pre- 
 
LEX. 
 
 LEX. 
 
 561 
 
 scribed certain regular forms of proceeding for the 
 Censors in exercising their functions as inspectors 
 of Mores, and had required the concurrence of both 
 Censors to inflict the nota censoria. When a 
 senator had been already convicted before an ordi- 
 nary court, the lex permitted the Censors to re- 
 move liim from the senate in a summary way. 
 (Dion Cass. xl. 57 ; xxxviii. \ 'A; Cic. pro Scxtio, 
 25 ; Dig. 50. tit. s. -203. IJc Portorio.) 
 
 CAECl'LIA DE VECTIGA'LIBUS (b. c. 
 62), released lands and harbours in Italy from the 
 paj-ment of taxes and dues (porloria). The only 
 vectigal remaining after the passing of this lex was 
 the V'icesima. (Dion Cass, xxxvii. 51 ; Cic. ad Ait. 
 
 ii. 16 ; ud Qiiinl. i. 10.) 
 
 CAECl'LIA DI'DIA (b.c. 98) forbade the 
 proposing of a Lex Satura, on the ground that the 
 people might be compelled either to vote for some- 
 thing which they did not approve, or to reject some- 
 thing which thej' did approve, if it was proposed 
 to them in this manner. This lex was not always 
 operative. (Cic. Phil. v. 3; pro Domo, 16. 20; ad 
 Att. ii. 9.) [Lex.] 
 
 CALPU'RNIA DE A'MBITU. [Ambitus.] 
 CALPU'RNIA DE CONDICTIO'NE. [Per 
 
 CONDICTIONEM.] 
 
 CALPU'RNIA DE REPETUNDIS. [Repe- 
 
 TUNDAE.] 
 
 CANULE'IA (b. c. 445) established connu- 
 bium between the Patres and Plebs, which had 
 been taken away by the law of the Twelve Tables. 
 (Liv. iv. 1. 4 ; Cic. Rep. ii. 37.) 
 
 CA'SSIA (B.C. 104), proposed by the tribune 
 L. Cassius Longinus, did not allow a person to re- 
 main a senator who had been convicted in a Judi- 
 cium Populi, or whose Imperium had been abro- 
 gated bv the populus. (Ascon. in Cic. Cor/iel.p. 78. 
 ed. Oreili.) 
 
 CA'SSIA (Tacit. Ann. xi. 25) which empower- 
 ed the Dictator Caesar to add to the number of 
 the Patricii, to prevent their extinction. 
 
 CA'SSIA AGRA'RIA, proposed by the consul 
 Sp. Cassius, B.C. 486. (Liv. ii. 41 ; Dionys. viii. 
 76.) 
 
 CA'SSIA TABELLA'RIA. [Tabellariae 
 Leges.] 
 
 CA'SSIA TERE'NTIA FRUMENTA'RIA 
 (b. c. 73) for the distribution of corn among the 
 poor citizens and the purchasing of it. (Cic. Ferr. 
 
 iii. 70; V. 21.) 
 
 CI'NCIA DE DONIS ET MUNE'RIBUS. 
 [CiNciA Lex.] 
 
 CLAU'DIA, a Lex passed in the time of the 
 emperor Claudius, took away the agnatorum tutela 
 in the case of women. (Gains, i. 171.) 
 
 CLO'DI AE, the name of various plebiscita, pro- 
 posed by Clodius when tribune, B. c. 59. 
 
 Clodia DE Auspiciis prevented the magis- 
 tratus from dissolving the Comitia Tributa, 
 by declaring that the auspices were unfavour- 
 able. This lex therefore repealed the Aelia and 
 Fufia. It also enacted that a lex might be passed 
 on the Dies Fasti. (Dion Cass, xxxriii. 13; Cic. 
 in Vatin. 17; in Pison. 4. 6.) [Aelia Lex.] 
 
 Clodia de Censoribus. [Caecilia.] 
 
 Clodia de Civibus Romanis Interemptis, 
 to the effect that " qui civem Romanum inderana- 
 tum interemisset ei aqua et igni interdiceretur." 
 (Veil. ii. 45.) It was in consequence of this lex 
 that the interdict was pronounced against Cicero, 
 who considers the whole proceeding as a privi- 
 
 legium. {Pro Domo, 18, &:c. ; Pusl liedit. in 
 Sen. 2. 5, &c.) 
 
 Clodia Frumentaria, by which the corn, 
 which had formerly been sold to the poor citizens 
 at a low rate, was given. (Dion Cass, xxxviii. 13 ; 
 Cic. pro Domo, 10.) 
 
 Clodia de Sodalitatibus or de Collegiis 
 restored the Sodalitia which had been abolished by 
 a senatus-consultum of the j-ear B. c. 80, and per- 
 mitted the formation of new sodalitia. (Cic. in 
 Pis. 4 ; pro Sejet. 25; ad Att. iii. 15 ; Dion Cass, 
 xxxviii. 1 3.) 
 
 There were other so-called Leges Clodiae, which 
 were however Privilegia. 
 
 COE'LIA. [Tabellariae Leges.] 
 
 CORNE'LIAE. Various leges passed in the 
 dictatorship of SuUa and by his influence, are so 
 called. 
 
 Agraria, by which many of the inhabitants of 
 Etruria and Latium were deprived of the complete 
 civitas and retained only the commercium, and a 
 large part of their lands were made Publicum and 
 given to military colonists. 
 
 De Falsis. [Falsum.] 
 
 De Injurils. [Injurl^.] 
 
 JuDiciARiA. [Judex, p. 532.] 
 
 Majestatis. [Majestas.] 
 
 NuMMARiA. [Falsum.] 
 
 De Proscriptione and Proscriptis. [Pro- 
 scriptio.] 
 
 De Parricidio. [Cor.melia Lex deSicariis.] 
 De Sacerdotiis. [Sacerdotia.] 
 De Sicariis. [Cornelia Lex de Sicariis.] 
 Sumtuariae. [Sumtuariae Leges.] 
 Testamentaria. [Falsum.] 
 Unciari.\ appears to have been a lex which 
 lowered the rate of interest, and to have been 
 passed about the same time with the Leges Sumtu- 
 ariae of Sulla. (Festus, s. r. Unciaria.) 
 De Vadimonio. [Vadimoniu.m.] 
 There were other Leges Corneliae, such as that 
 de Sponsoribus [Intercessio], which may be 
 Leges of L. C. Sulla. 
 
 There were also Leges Corneliae which were 
 proposed by the Tribune C. Cornelius about B. c. 
 67, and limited the Edictal power by compelling 
 the Praetors Jus dicere ex edictis suis perpetuis. 
 (Ascon. in Cie. Cornel, p. 58 ; Dion Cass, xxxvi. 23.) 
 [Edictum.] 
 
 Another Lex of the same Tribune enacted that 
 no one " legibus solveretur," unless such a measure 
 was agreed on in a meeting of the Senate at which 
 two hundred members were present and after- 
 wards approved by the people ; and it enacted 
 that no Tribune should put his veto on such a 
 Senatusconsultum. (Ascon. in Cic. Cornel, p. 57, 
 58.) 
 
 "There was also a Lex Cornelia concerning the 
 wills of those Roman citizens who died in cap- 
 tivity {apud hostes). [Legatum, p. 554.] 
 
 De Vi Publica. [Vis Publica.] 
 
 CORNE'LIA BAE'BIA DE AMBITU, 
 proposed by the consuls P. Cornelius Cethegus and 
 M. Baebius Tamphilus, b. c. 181. (Liv. xl. 19 ; 
 Schol. Bob. in Cic. pro Sulla, p. 361. ed Orelli.) 
 This law is sometimes, but erroneously, attributed 
 to the consuls of the preceding year, L. Aemilius 
 and Cn. Baebius. [Ambitus.] 
 
 DI'DIA. [Sumtuariae Leges.] 
 
 DOMI'TIA DE SACERDO'TIIS. [Sacer- 
 dotia.] 
 
 2 o 
 
562 
 
 LEX. 
 
 LEX. 
 
 DUI'LLA. (b. c. 449), a plebiscitum proposed by 
 the Tribune Duilius, which enacted " qui plebem 
 sine tribunis reliquisset, quique magistratum sine 
 provocatione creasset, tergo ac capita puniretur." 
 (Liv. iii. 55.) 
 
 DUI'LIA MAE'NL\ de unciario foenore B.C. 
 357. The same tribunes Duilius and Maenius 
 carried a measure which was intended in future to 
 prevent such unconstitutional proceedings as the 
 enactment of a Le.x by the soldiers out of Rome, 
 on the proposal of the Consul. (Liv. vii. 16.) 
 
 FA'BIA DE PLA'GIO. [Plagium.] 
 
 FALCI'DIA. [Legatum.] 
 
 FA'NNIA. [SuMTUARiAE Leges.] 
 
 FLAMI'NIA, was an Agraria Lex for the 
 distribution of lands in Piccniini, proposed by the 
 tribune C. Flaminius, in b. c. 228 according to 
 Cicero, or in B. c. 232 according to Polybius. The 
 latter date is the more probable. (Cic. Acad. ii. 5 ; 
 de Senect. 4 ; Polvb. ii. 21.) 
 
 FLA'VIA AGRA'RIA, b. c. 60, for the dis- 
 tribution of lands among Pompey's soldiers, pro- 
 posed by the Tribune L. Flavius, who committed 
 the Consul Caecilius Metellus to prison for op- 
 posing it. (Cic. ad Att. i. 18, 19; Dion Cass, 
 xxxvii. 50.) 
 
 FRUMENTA'RIAE, various leges were so 
 called which had for their object the distribution 
 of grain among the people either at a low price or 
 gratuitously. [Apuleia; Cassia Terentia ; 
 Clodia ; LiviA ; Octavia ; Sempronia.] 
 
 FU'FIA DE RELIGIO'NE, b. c. 61, was a 
 privilegium which related to the trial of Clodius. 
 (Cic. ad Att. i. 13. 16.) 
 
 FU'FIA JUDICIA'RIA. [Judex, p. 532.] 
 
 FU'RIA or FU'SIA CANI'NIA limited the 
 number of slaves to be manumitted by testament. 
 [Manumissio.] 
 
 FU'RIA DE SPONSU. [Intehcessio.] 
 
 FU'RIA or FUSIA TESTAMENTA'RIA. 
 [Legatum.] 
 
 GABI'NIA TABELLA'RIA. [Tabella- 
 
 RIAE.] 
 
 There were various Gabiniae Leges, some of 
 which were Privilegia, as that for conferring ex- 
 traordinary power on Cn. Pompeius for conducting 
 the war against the pirates. (Cic. jyro Leyc Maiiii. 
 17 ; Veil. Pat. ii. 31 ; Dion Cass, xxxvi. 6 ; Plut. 
 Pomp. 25.) 
 
 A Gabinia Lex, b. c. 58, forbade all loans of 
 money at Rome to legationes from foreign parts 
 (^Salamiiiii aim Romae versiirum fucere. vcllent, non 
 poterani, quod Lea' Oahinia rctuhut, Cic. ad Att. v. 
 21 ; vi. 1, 2). The object of the lex was to pre- 
 vent money being borrowed for the purpose of 
 bribing the senators at Rome. 
 
 GE'LLIA CORNE'LIA, b. c. 72, which gave 
 to Cn. Pompeius the extraordinary power, of con- 
 ferring the Roman civitas on Spaniards in Spain, 
 with the advice of his consilium (de consilii sen- 
 tentia, Cic pro Bulb. 8. 14). 
 
 GENU'CIA, B. c. 341, forbade altogether the 
 taking of interest for the use of money. (Liv. vii. 
 42.) Other Plebiscita of the same year are men- 
 tioned by Livv (vii. 42). 
 
 GA'LLIAE CISALPI'NAE. [Rubria.] 
 
 HIERO'NICA was not a Lex properly so 
 called. Before the Roman conquest of Sicily, the 
 payment of the tenths of wine, oil, and other pro- 
 duce had been Kxed by Hiero, and the Roman 
 quaestors in letting these tenths to farm, followed 
 
 the practice which thev found established. (Cic. 
 Verr. ii. 13. 26. 60; iii."6, &c.) 
 
 HORA'TIA, proposed by M. Horatius, made 
 the persons of the Tribunes, the Aediles, and others 
 sacrosancti. (Liv. iii. 55.) Another Lex Horatia 
 mentioned by Oellius (vi. 7) was a privilegium. 
 
 HORTE'iS'SIA DE PLEBISCI'TIS. [Ple- 
 biscitum.] 
 
 Another Lex Hortensia enacted that the nun- 
 din^e, which had hitherto been Feriae, should be 
 Dies Fasti. This was done for the purpose of ac- 
 commodating the inhabitants of the countiy. 
 (Macrob. i. 16; Plin. II. N. xviii. 3.) 
 
 HOSTI'LIA DE FASTIS is mentioned only 
 in the Institutes of Justinian (iv. tit. 10). 
 
 ICI'LIA, b. c. 456, by which the Aventinus 
 was assigned to the Plebs. This was the first in- 
 stance of the Ager Publicus being assigned to the 
 Plebs. (Liv. iii. 21. 32 ; Dionys. x. 32 ; Niebuhr, 
 Hist, of Rome, ii. p. 299.) 
 
 Another Lex Icilia, proposed by the Tribune Sp. 
 Icilius B. c. 470, had for its object to prevent all 
 interniption to the Tribunes while acting in the 
 discharge of their duties. In some cases the 
 penalty was death. (Dionys. vii. 17; Cic. pro 
 S&rtiu, 37; Niebuhr, ii. p. 231.) 
 
 JU'LIAE. [JuLiAE Leges.] 
 
 JU'NIA DE PEREGRI'NIS, proposed b. c. 
 126 by M. Junius Pennus a tribune, banished 
 peregrini from the city. 
 
 A lex of C. Fannius, consul B. c. 1 22, contained 
 the same provisions respecting the Latini and 
 Itidici ; and a lex of C. Papius, perhaps B. c. 65, 
 contained the same respecting all persons who were 
 not domiciled in Itidy. (Cic. Dc Off. iii. 11 ; Brut. 
 26. 28 ; de Leg. Ayr. i. 4 ; Festus, s. v. Res- 
 publtcas.) 
 
 JU'NIA LICI'NIA. [LiciNiA JuNiA.] 
 JU'NIA NORBA'NA of uncertain date, but 
 probably about A. D. 17, enacted that when a Ro- 
 man citizen had manumitted a slave without the 
 requisite formalities, the manumission should not in 
 all cases be ineffectual, but tlie manumitted person 
 should have the status of a Latmus. (Gains, i. 16, 
 17. 22 ; iii. 56 ; Ulp. Fraij. tit. 1.) [Latinitas; 
 
 LlBEItTUS.] 
 
 JU'NIA REPETUNDA'RUM. [Repetun- 
 
 DAE.] 
 
 JU'NIA VELLE'IA, a. d. 8, allowed a pos- 
 timuis to be instituted heres, if he should be bora 
 in the lifetime of the testator. It also so far 
 modified the old law, that a person who by the 
 death of a heres institutus after the testator had 
 made his will, became a heres quasi agnascendo, 
 did not break the will, if he was instituted heres. 
 (Gaius, ii. 134; Ulp. /■'/■(ii/. xxii. 19.) 
 
 LAETO'RIA. [Curator.] 
 
 Sometimes the lex proposed by Volero for elect- 
 ing plebeian magistrates at the Comitia Tributa is 
 cited as a Lex Laetoria. (Liv. ii. 56, 57.) 
 
 LICI'NIA DE SODALI'TIIS. [Ambitu.s.] 
 
 LICI'NIA JU'NIA, or as it is sometimes 
 called .lunia et Licinia, passed in the consulship of 
 L. Licinius Murena and Junius Silanus, B. c. 62, 
 enforced theCaeciliaDidi!i,in connection with which 
 it is sometimes mentioned. (Cic. Pro Scj:tio, 64 ; 
 P/rU. V. 3 ; ad Att. ii. 9 ; iv. 16 ; in Vatin. 14.) 
 
 LICI'NIA MU'CIA DE CIVIBUS RE- 
 GUN DIS passed in the consulship of L. Licinius 
 Crassus and Q. Mucins Scaevola, B. c. 95, which 
 enacted a strict examination as to the title to 
 
LEX. 
 
 citizenship, and deprived of the exercise of civic 
 rights all those who could not make out a good 
 title to them. This measure partly led to the 
 Marsic war. (Cic. Da Off. iii. 11 ; Brut. 16 ; Pro 
 Ball,. 21. 24.) 
 
 LICI'NIA SUMTUA'RIA. [Sumtuari.^e 
 Lege.s.] 
 
 LICI'NIAE ROGA'TIONES. [Rocitiones 
 
 LiCINIAE.] 
 
 LI'VIAE were various enactments proposed by 
 the Tribune M. Livius Drusus, b. c. 91, for estab- 
 lishing colonies in Italy and Sicity, distributing 
 corn among the poor citizens at a low rate, and 
 admitting the foederatae civitates to the Roman 
 civitas. He is also said to have been the mover 
 of a law for adulterating silver by mixing with it 
 an eighth part of brass. (Plin. il. N. xxxiii. 3.) 
 Drusus was assassinated, and the Senate declared 
 that all his Leges were passed contra auspicia, and 
 were therefore not Leges. (Cic. Leg. ii. 6. 12 ; pro 
 Domo, 16 ; Liv. Ep. 71 ; Appian, Bell. Civ. i. 35; 
 Aseon. in Cic. Cornel, p. 62.) 
 LUTA'TIA DE VL [Vis.] 
 MAE'NIA LEX is only mentioned by Cicero 
 (Brutus, 14), who says that M. Curius compelled 
 the Patres " ante auctores fieri " in the case of the 
 election of a plebeian consul, " which," adds Cicero, 
 " was a great thing to accomplish, as the Lex 
 Maenia was not yet passed." 'I he Lex therefore 
 required the Patres to give their consent at least 
 to the election of a magistratus, or in other words 
 to confer or agree to confer the Imperium on the 
 person whom the comitia should elect. Livy (i. 
 17) appears to refer to this law. It was probably 
 proposed by the tribune Maenius B. c. 287. 
 MA J EST A'T IS. [ M a j est a.s. ] 
 MAMI'LIA DE COLO'NIIS. The subject 
 of this lex and its date are fully discussed by Ru- 
 dorff (Zeitschriff, vol. ix.), who shows that the Lex 
 Mamilia, Roscia, Peducaea, Alliena, Fabia is the 
 same as the " Lex Agraria quam Gaius Caesar 
 tulit" (Dig. 47. tit. 21. s. 3), and that this Gaius 
 Caesar is the Emperor Caligula. 
 
 jMANl'LlA, proposed by the tribune C. Mani- 
 lius B. c. 66, was a privilegium by which was con- 
 ferred on Pompey the command in the war against 
 Mithridates. The lex was supported by Cicero 
 when praetor. {De Le</e Mat/ilia; Plut. Pomp. 30 ; 
 Dion. Cass, xxxvi. 25.) 
 
 The Leges Manilianae, mentioned by Cicero (/)<! 
 Or. i. 58), were evidently not Leges Proper, but 
 probably forms which it was prudent for parties to 
 observe in buying and seUinu. 
 
 MA'NLIA, also called LICI'NIA, b. c. 196, 
 created the trumviri epulones. (Liv. xxxiii. 42 ; 
 Cic. De Or. iii. 1 9.) 
 MA'NLIA DE VICE'SIMA. [Vicesima.] 
 MA'RCIA probably about the year B. c. 352 
 " adversus feneratores." (Gaius, iv. 23 : Liv. vii. 
 21.) 
 
 MA'RCIA, an agrarian law proposed by the 
 tribune L. Marcius Philippus, b. c. 104. (Cic. de 
 Qf.ii.21.) 
 
 MA'RIA proposed by Marius when tribune 
 B. c. 11 9, for narrowing the pontes at elections. 
 (Cic. De Leg. iii. 17 ; Plut. Mar. 4.) 
 
 ME'MMIA or RE'MMIA. [Calumnia.] 
 ME'NSIA. This lex enacted that if a woman 
 who was a Roman citizen {civis Romana) married 
 a peregrinus, the offspring was a peregrinus. If 
 there was connubium between the peregrinus and 
 
 LEX. 
 
 563 
 
 the woman, the children, according to the principle 
 of connubium, were peregrin!, as the legal effect of 
 connubium was that children followed the condi- 
 tion of their father(ft4eri semper patrem sequuntur). 
 If there were no connubium, the children, ac- 
 cording to another rule of law, by which they fol- 
 lowed the condition of the mother, would have 
 been Roman citizens ; and it was the object of the 
 lex to prevent this. (Gaius, i. 78 ; UIp. Frag. v. 
 tit. 8.) 
 
 I MINU'CIA, B. c. 216, created the triumviii 
 I mensarii. (Liv. xxiii. 21.) 
 
 OCTA'VIA, one of the numerous leges Fru- 
 mentariae which repealed a Sempronia Frumen- 
 taria. It is mentioned by Cicero (Brut. 62 ; De 
 Off. ii. 21) as a more reasonable m^sure than the 
 Sempronia which was too profuse. 
 
 OGU'LNI A, proposed by the tribunes B.C. 300, 
 increased the number of Pontifices to eight and 
 that of the augurs to nine ; it also enacted that 
 four of the Pontifices and five of the augurs should 
 be taken from the plebes. (Liv. x. 6 — 9.) 
 O'PPIA. [Sumtuariae Leges.] 
 
 O'RCHIA. [Su.MTUARIAE Leges.] 
 
 OVI'NIA, of uncertain date, was a plebiscitum 
 which gave the censors ccrtiiin powers in regulat- 
 ing the lists of the senators (ordo senatorius): the 
 main object seems to have been to exclude all im- 
 proper persons from the senate, and to prevent 
 their admission, if in other respects qualified. 
 (Festus, s. V. Praeterili Senatorcs ; Cic. De Leg. iii. 
 12.) The Lex Ovinia of Gaius (iv. 109), if the 
 reading is right, was perhaps a different lex. 
 
 PA'PIA DE PEREGRI'NIS. [Junia de 
 Peregrinis.} 
 
 PA'PIA POPPAEA. [JiJLiAE Leges.] 
 A Lex Papia on the manner of choosing the 
 Vestal Virgins is mentioned by Gellius (i. 12); but 
 the reading appears to be doubtful, and perhaps it 
 ought to be called Lex Popilia. 
 
 PAPl'RIA, or JU'LIA PAPI'RIA DE 
 MULCTA'RUM AESTIMATIONE (b. c. 430) 
 fixed a money value according to which fines were 
 paid, which formerly were paid in sheep and cattle. 
 (Liv. iv. 30 ; Cic. de Rep. ii. 35.) Gellius (xi. 1) 
 and Festus (s. v. Peculatus) make this valuation 
 part of the Ater«ian law [Aternia Tarpeia], 
 but in this they appear to have been mistaken 
 according to Niebuhr. (HiU. of Rome., ii. p. 300.) 
 
 PAPI'RIA, by which the as was made semun- 
 cialis (Plin. H.N. xxxiii. 3), one of the various 
 enactments which tampered with the coinage. 
 
 PAPI'RIA, B. c. 332, proposed by the Praetor 
 Papirius, gave the Acerrani the civitas without the 
 sufi'ragiuni. It was properly a Privilegium, but is 
 useful as illustrating the history of the extension of 
 the Civitas Romana. (Liv. viii. 17.) 
 
 PAPI'RIA, of uncertain date, enacted that no 
 aedes should be declared consecratae without a 
 Plebiscitum (ir/Jussu Plebis, Cic. jiro Dom. 49). 
 
 PAPI'RIA PLAU'TIA, a Plebiscitum of the 
 year B. c. 89, proposed by the tribunes C. Papirius 
 Carbo and M. Plautius Silvanus, in the consulship 
 of Cn. Pompeius Strabo and L. Porcius Cato, is 
 called by Cicero (pro Archia, 4) a lex of Silvanus 
 and Carbo. (See Civitas; Foederatae Civi- 
 tates ; and Savigny, Volksschluss der Tufel von 
 Heraclea, Zeitschrift, ix.) 
 
 PAPI'RIA POETE'LIA. [Poetelia.] 
 PAPI'RIA TABELLARIA. [Tabellariab 
 Leges.] 
 
564 
 
 LEX. 
 
 LEX. 
 
 PEDUCAEA, B.C. 113, a Plebiscitum, seems I 
 to have been merely a Privilegium and not a gene- 
 ral law against Incestum. (Cic. de Nat, Deor. iii. 
 30 ; Ascon. in Cic. Mil. p. 46.) 
 
 PESULANIA provided that if an animal did 
 any damage, the owner should make it good or 
 give up the animal. (Paul. S. R. 1. 15. s. 1. 3.) 
 There was a general provision to this effect in the 
 Twelve Tables (Dirksen, Uchcrsicht, <Scc. p. 53"2, 
 &c.), and it might be inferred from Paulus that this 
 Lex extended the provisions of the old law to dogs. 
 
 PETRE'IA, a Lex under this title, de decinia- 
 tione militum, in case of mutiny, is mentioned by 
 Appian (de Bell. Civ. ii. 47). 
 
 PETRO'NIA, probably passed in the time of 
 Augustus, and subsequently amended by various 
 senatusconsulta, forbade a master to deliver up his 
 slave to fight with wild beasts. If, however, the 
 master thought that his slave deserved such a 
 punishment, he might take him before the autho- 
 rities (jiK/cd ) who might condemn him to fight if he 
 appeared to deserve it. (Dig. 48. tit. 8. s. 1 1 ; 18. 
 tit. 1. s. 42 ; Gell. v. 14.) 
 
 PINA'RIA (Gaius, iv. 15) related to the giving 
 of a Judex within a limited time. 
 
 PLAETO'RIA. [Curator.] 
 
 PLAU'TIA or PLO'TIA DE VL [Vis.] 
 
 PLAU'TIA or PLO'TIA JUDICIA'RIA is 
 mentioned by Asconius {in Cic. Cornel, p. 79) as 
 having enacted that fifteen persons should be an- 
 nually taken from each tribe to be placed in the 
 Album Judicum. 
 
 POETE'LIA, B. c. 358, a Plebiscitum, was the 
 first Lex against Ambitus. (Liv. vii. 15.) 
 
 POETE'LIA PAPI'RIA, b. c. 3-2(5, made an 
 important change in the liabilities of the Nexi. 
 (Liv. viii. 28.) [Ne.xi.] 
 
 POMPEIAE. There were various Leges so 
 called. 
 
 POMPEIA, proposed by Cn. Pompeius Strabo, 
 the father of Cn. Pompeius Magnus, probably in his 
 consulship B. c. 89, gave the Jus Latii or Latinitas 
 to all the towns of the Transpadani, and probably 
 the Civitas to the Cispadani. (Savigny, VolksscUuss 
 der Tafel von Heraclea, Zeitschrift, ix.) 
 
 POMPEIA DE A'MBITU. [Ambitus.] 
 POMPEIA JUDICIA'RIA. [Judex.] 
 POMPEIA DE JURE MAGISTRA'TUUM 
 (Sueton. J. Cues. 28 ; Dion Cass.xl. 56; dead Alt. 
 viii. 3) forbade a person to be a candidate for pub- 
 lic offices (petitio himorum) who was not at Rome; 
 but J. Caesar was excepted. This was doubtless 
 the old law, but it had apparently become obsolete. 
 POMPEIA DE PARRICl'DIIS. (Cornelia 
 
 DE SiCARIlS.] 
 
 POMPEIA TRIBUNI'TIA (b.c. 70) restored 
 the old Tribunitia Potestas which Sulla had nearly 
 destroyed. (Sueton. J. Cacs. 5 ; Veil. Pat. ii. 30.) 
 [Tribuni.] 
 
 POMPEIA DE VI was a Privilegium, and only 
 referred to the case of Milo. (Cic. Phil. ii. 9 ; 
 Ascon. and Schol. Bob. in Arguni. Milon.) 
 
 POPI'LIA. [Papia.] 
 
 PO'RCIAE DE CA'PITE CIVIUM or DE 
 PROVOCATIO'NE enacted that a Roman citizen 
 should not be scourged or put to death. (Liv. x. 9 ; 
 Cic. de Rep. ii. 31 ; pro Rahir. 3. 4.) 
 
 PO'RCIA DE PROVI'NCIIS (about b.c. 
 198). The passage in Livy (xxxii. 27. " Sumtus 
 quos in cultum praetorum,"&.c.) is supposed to re- 
 fer to a Porcia Lex, to which the Plebiscitum de 
 
 Thermensibus refers; and the words quoted by 
 Cicero ( Verr. ii. 4, 5. "Ne quis emat mancipium") 
 are taken, as it is conjectured, from this Porcia 
 Lex. 
 
 PUBLI'CIA permitted betting at certain games 
 which required strength, as nmning and leaping. 
 (Dig. 11. tit. 5.) 
 
 PUBLI'LIA DE SPONSO'RIBUS. [Inter- 
 
 CESSIO.] 
 
 PUBLI'LIAE of the dictator Q. Publilius Philo, 
 B.C. 339. (Liv. viii. 12.) [Publiliae Leges.] 
 
 PUBLI'LIAE LEGES of the tribune Q. Volero 
 Publilius, b. c. 472. [Publiliae Leges.] 
 
 PU'PIA, mentioned by Cicero {ad Quint, ii. 
 ad Fam. i. 4) seems to have enacted that the 
 senate could not meet on Comitiales Dies. 
 
 QUI'NTIA was a lex proposed by T. Quintius 
 Crispinus, consul B.C. 9, and enacted by the Populus 
 for the preservation of the Aquaeductus. The Lex 
 is preserved by Frontinus {de Aquaeduct. Rovian.). 
 RE'GIA. [Regia Lex.] 
 RE'GIAE. [Jus Civile Papirianum.] 
 RE'MMIA. [Calumnia.] 
 REPETUNDA'RUM. [Repetundae.] 
 RHO'DIA. The Rhodians had a maritime 
 code which was highly esteemed. Some of its 
 provisions were adopted by the Romans, and have 
 thus been incorporated into the maritime law of 
 European states. Strabo (p. 652. Casaub.) speaks 
 of the wise laws of Rhodes and their admirable 
 policy, especially in naval matters ; and Cicero 
 (pro Leij. Manil. c. 18) to the same effect. The 
 Digest (14. tit. 2) contains so much of the Lex 
 Rhodiorum as relates to jactus or the throwing 
 overboard of goods in order to save the vessel or 
 remainder of the cargo. This Lex Rhodiorum de 
 Jactu is not a Lex in the proper sense of the term. 
 
 RO'SCIA THEATRA'LIS, proposed by the 
 tribune L. Roscius Otho, B. c. 63, which gave the 
 Equites a special place at the public spectacles in 
 fourteen rows or seats {in (juaiuordecim gradihus 
 sivK ordiniljus) next to the place of the senators, 
 which was in the orchestra. This Lex also assigned 
 a certain place to spendthrifts (decoctores, Cic. 
 P/iil. ii. 18). The phrase " sedere in quatuor- 
 decium ordinibus," is equivalent to having the 
 proper Census Equestris which was required by 
 the Lex. There are numerous allusions to this Lex 
 (Dion, xxxvi. 25 ; Veil. Pat. ii. 32 ; Liv. £pii. 99 ; 
 Cic. joro Alurena, 19), which is sometimes simply 
 called the Lex of Otho (Juv. xiv. 23), or referred 
 to by his name. (Hor. Epod. iv. 16.) The en- 
 actment of this lex was attended with considerable 
 disturbance, and was supported by Cicero {ad Alt. 
 ii. 1). [Julia Lex Theatbalis.] 
 
 RU'BRLA.. The province of Gallia Cisalpina 
 ceased to be a Provincia, and became a part of Italia 
 about the year B. c. 43. When this change took 
 place, it was necessary to provide for the admini- 
 stration of justice, as the usual modes of provincial 
 administration would cease with the determination 
 of the provincial form of government. This was 
 effected by a Lex, the name of which is unknown, 
 but a large part of it, on a bronze tablet, is pre- 
 served in the Museum at Parma. This Lex ar- 
 ranged the judiciary establishment of the former 
 provincia, and appointed ii. viri and iv. viri juri 
 dicundo : a Praefectus Mutinensis is also men- 
 tioned in the lex. In two passages of this Lex (c. 
 XX. 1. 29. 38) a Lex Rubria is mentioned, which, 
 according to some, is an earlier lex by which Mu- 
 
LEX. 
 
 tina was made a Praefectura ; and according to 
 others the Lex Rubria is this very Lex de Cisal- 
 pina. This subject is discussed by Savigny {Zeits- 
 clirifi, ix) and by Puchta {Zeitschrifl x. Ueher den 
 Iiihalt der Le.v liidiria de Gallia Cisalpina). 
 
 This Lex has been published several times ; the 
 latest edition is " Tavola legislativa della GaUia 
 Cisalpina ritrovata in Veleia et restituita alia sua 
 vera lezione da D. Pietro de Lama, Parma 18'20." 
 We only possess the end of the nineteenth chapter 
 of this Lex, which treats of the Novi Operis Nuu- 
 tiatio ; the twentieth chapter on the Damnum In- 
 fectum is complete ; the twenty-first treats of Pe- 
 cunia Certa Credita, but only of Execution ; the 
 twenty-second treats in like manner of similar ac- 
 tions ; there is only the beginning of the twenty- 
 fourth, which treats of the division of an hereditas 
 (qvci de familia e^.rceiscunda deividitnda ivdicivin 
 sibei darei rcddeive, &c. postulaverint, &c.) The 
 matter of this lex therefore, so far as we know it, 
 purely concerns procedure, as Puchta remarks. 
 
 RUPI'LL'^E LEGES (b.c. 131) were the regu- 
 lations established by P. Rupilius, and ten legati, 
 for the administration of the province of Sicily, 
 after the close of the first servile war. They were 
 made in pursuance of a consultum of the senate. 
 Cicero (in Verr. lib. ii. 13. 16) speaks of these re- 
 gulations as a Decretum of Rupilius (quod is de 
 decern legatorum scnlentia statuit), which he says 
 they call Lex Rupilia ; but it was not a Lex proper. 
 The powers given to the commissioners by the Lex 
 Julia Municipalis were of a similar kind. 
 
 SACRA'TAE, mentioned by Livy (ii. 54) and 
 by Cicero (De Ojf. iii. 33). Leges were properly 
 so called which had for their object to make a 
 thing or person sacer, as in Livy (ii. 8, de sacrando 
 cum bonis capite ejus qui, &c.). The consecratio 
 was in fact the sanction by which a Lex was to be 
 enforced. (Liv. iii. 55.) In the latter case it was 
 the opinion of the jurisconsulti (juris interpreies) 
 that the Lex did not make " sacrosancti " the 
 persons for whose protection it was designed, but 
 that it made " sacer" (sacrum sanail) any one 
 who injured them ; and this interpretation is cer- 
 tainly consistent witli the terms of the Lex. 
 ( Festus, s. V. Sacratae leges.) 
 
 A Lex Sacrata Militaris is also mentioned by Livy 
 (vii. 41) ; but the sanction of the Lex is not stated. 
 SA'TURA. [Le.x, p. 55!).] 
 SCANTI'NIA, proposed by a tribune : the date 
 and contents are not known, but its object was to 
 suppress unnatural crimes. It existed in the time 
 of Cicero. (Auson. Epig. 89 ; Juv. ii. 44 ; Cic. ad 
 Fam. viii. 12. 14.) The Lex Julia de Adulteriis 
 considered this offence as included in Stuprum and 
 it was punishable with a fine ; but by the later 
 Imperial constitution the punishment was death. 
 (Sueton. Dom. 8 ; Paulus, S. R. ii. tit. 26. s. 13.) 
 
 SCRIBO NIA. The date and whole import of 
 this Lex are not known ; but it enacted that a 
 right tff servitutes should not be acquired by usu- 
 capion (Dig. 41. tit. 3. s. 4. § 29), from which it 
 appears that the law was once ditferent. A " li- 
 bertas servitutium " could be gained by usucapion 
 or rather disuse, for the Lex only applied to that 
 usucapion which established a servitus {servilutem 
 consiitueliat) and not to that so-called usucapion 
 which took away the right (sustulii servilutem). 
 It is perhaps doubtful if the passage of Cicero (Pco 
 Caecin. 26) should be alleged in proof of this usu- 
 capion formerly existing. 
 
 LEX. 5(iS 
 
 SEMPRO'NIAE. Various leges proposed by 
 the Gracchi were so named. [Semphoniae Leges.] 
 SEMPRO'NIA DE FOE'NORE, b. c. 193, 
 was a Plebiscitum proposed by a tribune M. Sem- 
 pronius (Liv. xxxv. 7), which enacted that the law 
 (7«s) about money lent (pecunia credita) should 
 be the same for the Socii and Latini (Socii ac 
 Nomen Lutinum) as for Roman citizens. The ob- 
 ject of the Lex was to prevent Romans from lending 
 money in the name of the Socii who were not 
 bound by the Fenebres Leges. The Lex could 
 obviously only apply within the jurisdiction of 
 Rome. 
 
 SERVI'LIA AGRA'RIA, proposed by the 
 tribune P. S. RuUus in the consulship of Cicero, 
 B. c. 63, was a very extensive Agraria Rogatio. 
 It was successfully opposed by Cicero (In liullum) ; 
 but it was in substance carried by J. Caesar B. c. 
 59 [Julia Le.x Agraria], and is the Lex called 
 by Cicero Lex Campana (ad Alt. ii. 18), from the 
 public land called Ager Campanus being assigned 
 under this Lex. 
 
 SERVI'LIA GLAU'CIA DE CIVITA'TE, 
 [Repetundae.] 
 
 SERVI'LIA GL.\U'CIA DE REPETUN- 
 DIS. [Repetundae.] 
 
 SERVI'LIA JUDICIA'RIA, b. c. 106. See 
 the article Judex, p. 532, and the various pas- 
 sages in Cicero (Brut. 43, 44. 63. 86.) It is 
 assumed by some writers that a Le.x of the tribune 
 Servilius Glaucia repealed the Servilia Judiciaria 
 two years after its enactment. (Cic. Brut. 62.) 
 
 SI'LIA. (Gains, iv. 19.) The Legis Actio 
 called Condictio was established by this Lex in 
 the case when the demand was a determinate sum 
 of money (certa pecunia). 
 
 SILVA'NI ET CARBO'NIS. [Papiria 
 Plautia.] 
 
 SULPI'CIAE, proposed by the tribune P. 
 Sulpicius Rufus, a supporter of Marius, b. c. 88, 
 enacted the recall of the exiles, the distribution of 
 the new citizens and the libertini among the thirty- 
 five tribes, that the command in the Mithridatic 
 war should be taken from Sulla and given to 
 Marius, and that a Senator should not contract 
 debt to the amount of more than 2000 denarii. 
 (Plut. Suit. 8.) The last enactment may have been 
 intended to expel persons from the sen;ite who 
 should get in debt. All these Leges were repealed 
 by Sulla. (App. Bell. Civ. i. 55 ; Liv. Epit. 77.) 
 
 SULPI'CIA SEMPRO'NIA, b. c. 304. No 
 name is given to this Lex by Livy (ix. 46), but it 
 was probably proposed by the consuls. It prevented 
 the dedicatio of a templum or altar without the 
 consent of the senate or a majority of the tribunes. 
 (Compare Gaius, ii. 5 — 7.) 
 
 SUMTUA'RIAE. [Sumtuariae Leges.] 
 TABELLA'RIAE. [Tabellariae Leges.] 
 TARPE'IA ATE'RNIA. [Aternia Tar- 
 
 PEIA.] 
 
 TERENTI'LIA, proposed by the tribune C. 
 Terentilius, B. c. 462, but not carried, was a roga- 
 tio which had for its object an amendment of the 
 constitution, though in form it only attempted a 
 limitation of the Imperium Consulare. (Liv. iii. 9.) 
 This rogatio probably led to the subsequent legis- 
 lation of the Decemviri. 
 
 TESTAMENTA'RIAE. Various leges, such 
 as the Cornelia, Falcidia, Furia, and Voconia, re- 
 gulated testamentary dispositions. 
 
 THO'RIA. The importance of this Lex requires 
 
 I 
 
566 
 
 LIBELLUS. 
 
 LIBELLUS. 
 
 that it should have a separate notice. [Thoria 
 Lex.] 
 
 TI'TIA, similar in its provisions to the Lex 
 Publicia. (Dig. 11. tit. 5. s. 3.) 
 
 TI'TIA DE TUTO'RIBUS (see Julia Lex 
 ET TiTiA, and Gains i. 195). 
 
 TREBO'NIA, a plebiscitum proposed by L. 
 Trebonius, b. c. 448, which enacted that if the ten 
 tribunes were not chosen before the Comitia were 
 dissolved, those who were elected should not fill 
 up the number {co-optare), but that the Comitia 
 should be continued till the ten were elected. (Liv. 
 ii. 64, 6.5.) 
 
 TRIBUNI'TIA. [Tribunitia Lex.] 
 
 TU'LLIA DE A'MBITU. [Ambitus.] 
 
 TU'LLIA DE LEGATIO'NE LI'BERA. 
 [Legatus, p. 556.] 
 
 VALE'RIAE of P. Valerius Publicola. [Vale- 
 riae Leges.] 
 
 VALE'RIA HORA'TIA. [Plebiscitum.] 
 
 VA'RIA. [M.westas.] 
 
 VATI'NIA DE PROVI'NCIIS was the en- 
 actment by which J. Caesar obtained the province 
 of Gallia Cisalpina with Illyricum for five years, 
 to which the senate added Ciallia Transalpina. 
 This Plebiscitum was proposed by the tribune 
 Vatinius. (Dion Cass, xxxviii. 8 ; Appian.fieZ/. CV. 
 ii. 1 3 ; Sueton. ./. Cacs. •22 ; Vellei. Paterc. ii. 44. ) 
 A Trcbonia Lex subsequently prolonged Caesar's 
 Imperium for five vears. 
 VATI'NIA. [Repetundae.] 
 VATI'NIA DE COLONIS, under which the 
 Latina Colonia [Latinitas] of Novnm-Comum in 
 Gallia Cisalpina was planted B. c. 59. (Sueton. J. 
 Ca<-s.2H.) 
 
 LEGES DE VL [Vis.] 
 VIA'RIA. A Viaria Lex which Cicero says 
 (ad Fam. viii.) the tribune C. Curio talked of ; 
 but nothing more seems to be known of it. 
 
 Some modern writers speak of Leges Viariae, 
 but there do not appear to be any Leges properly 
 so called. The provisions as to roads in many of 
 the Agrarian laws were parts of such leges, and 
 had no special reference to roads. (Frontinus, Dc 
 Coloniis Lihellus.) 
 
 VICESIMA'RIA. [VicEsiMARiA.] 
 VI'LLIA ANNA'LIS. [Aediles, p. 16.] 
 VISE'LLIA made a man liable to a criminal 
 prosecution who, being a Latinus, assumed to ex- 
 ercise the rights of an Ingcnuus. (Cod. ix. tit. 21.) 
 VOCO'NIA. [VocoxiA Lex.] 
 This list of Leges may not be quite complete, 
 and the dates of some of them may not be per- 
 fectly accurate. Still it contains all the Leges that 
 are of any importance for the understanding of 
 Roman History and Jurisprudence. Those which 
 are not specially noticed here, are referred to their 
 proper heads, particularly when there are many 
 Leges relating to one subject, as Ambitus, Repe- 
 tundae, &c. Several of the Roman Leges were 
 modified by Senatusconsulta. The Senatuscon- 
 sulta, which are properly laws, are enumerated 
 xmder Senatusconsultum. [G. L.] 
 
 AHHIAPXIKO'N. [Demus, p. 324.] 
 AHXIA'PXOI. ['EKKAHSI'A, p. 362.] 
 AH"EI2. [AI'KH, p. 335.] 
 LIBA'TIO. [Sacrificium.] 
 LIBELLA. [De.narius.] 
 LIBELLUS is the diminutive form of liber, and 
 signifies properly a little book. A libellus was 
 distinguished from other kinds of writings, by be- 
 
 ing written like our books by pages, whereas other 
 writings were written transversa charta. (Suet. 
 Cues. 66.) A libellus, however, did not necessarily 
 consist of several pages. It was used by the Ro- 
 mans as a technical term in the following cases : — 
 
 1. Libdli accusatorum or accusatorii were the 
 written accusations which in some cases a plaintiff, 
 after having received the permission to bring an 
 action against a person, drew uj), signed, and sent 
 to the judicial authorities, viz., in the city to the 
 praetor, and in a province to the proconsul. (Cod. 
 9. tit. 2. s. 8 ; Dig. 48. tit. 5. s. 2. 17. 29 ; 47. tit. 
 2. s. 74 ; compare Actio, p. 9.) The form in 
 which a libellus aecusatorius was to be written, is 
 described by Ulpian in a case of adultery. (Dig. 
 48. tit. 2. s. 3.) The accuser had to sign the libel- 
 lus, and if he could not write, he was obliged to 
 get somebody else to do it for him. If the libel- 
 lus was not written in the proper legal form, it 
 was invalid, but the plaintiff had still the right to 
 bring the same action again in its legal form. 
 (Juv. vi. 244, &c. ; Tacit. Ann. iii. 44 ; Plin. Epist. 
 vii. 27 ; compare Brisson. De Form. v. c. 187, &c.) 
 
 2. Libelli famosi were what we call libels or 
 pasquinades, intended to injure the character of 
 persons. A law of the Twelve Tables inflicted 
 very severe punishments on those who composed 
 defamatory writings against any person. (Cic. De 
 Re Pub. iv. 10 ; Arnob. iv. p. 151.) During the 
 latter part of the republic this law appears to have 
 been suspended, for Tacitus (Ann. i. 72) says that 
 previous to the time of Augustus libels had never 
 been legally punished (compare Cic. ad Fam. iii. 11), 
 and that Augustus provoked b}' the audacity with 
 which Cassias Severus brought into disrepute the 
 most illustrious persons of the age, ordained, by a 
 lex majestatis, that the authors of libelli famosi 
 should be brought to trial. On this occasion Au- 
 gustus, who was informed of the existence of seve- 
 ral such works, had a search made at Rome by the 
 aediles, and in other places by the local magis- 
 trates, and ordered the libels to be burnt ; some of the 
 authors were subjected to punishment. (Dion Cass. 
 Ivi. 27.) A law quoted by Ulpian (Dig. 47. 
 tit. 10. s. 5) ordained that the author of a libellus 
 famosus should be intestabilis, and during the 
 later period of the empire we find that capital punish- 
 ment was not only inflicted upon the author, but 
 upon those persons in whose possession a libellus 
 famosus was found, or who did not destroy it as 
 soon as it came into their hands. (Cod. 9. tit. 36.) 
 
 3. Libellus memorialis, a pocket or memorandum 
 book. (Suet. Cues. 56.) The libellus, from which 
 Cicero {ad Alt. vi. 1. §. 5) comnnmicatcs a memo- 
 randum of Brutus, appears to have been a book of 
 this kind. 
 
 4. The word libellus was also applied to a 
 varietj^ of writings, which in most cases probably 
 consisted of one page only : — 
 
 a. To short letters addressed to a person for the 
 purpose of cautioning him against some danger 
 which threatened his life (Sueton. Cues. 81 ; Califf. 
 15) ; and to any short letters or reports addressed 
 to the senate or private individuals. (Suet. Caes. 
 56 ; Auyust. 84 ; Cic. ad Fam. xi. 11.) 
 
 b. To the bills called libelli gladiatorii, or rmme- 
 rarii, which persons who gave gladiatorial exhibi- 
 tions distributed among the people. [Gladiatores, 
 p. 455.] 
 
 c. To petitions to the emperors. (Suet. .^z**?. S3; 
 Mart. viii. 31. 3 ; 82. 1.) The emperors had their 
 
LIBER. 
 
 especial officers or secretaries who attended to all 
 petitions {libellis praefectua. Dig. 20. tit. 5), and 
 who read and answered them in the name of the 
 emperor. (Suet. Domit. 14.) Such a libellus is 
 still extant. See Gruter, Inscript. p. Dcvir. 1. 
 
 d. To the bill of appeal called libellus appella- 
 lorius, which a person who did not acquiesce in a 
 judicial sentence, had to send in after the lapse of 
 two or three days. (Dig. 40. tit. 1.) 
 
 €. To the bills stuck up in the most frequented 
 parts of the city, in case of a debtor having ab- 
 sconded. (Cic. Pro Qtiinct. 6. 1.5. 19; Rein, Rom. 
 Privatr. p. 49.9.) Such bills were also stuck upon 
 the estates of such a debtor, and his friends who 
 wished to pay for him sometimes pulled down such 
 bills. (Senec. Du Benef. iv. 12.) 
 
 f. To bills in which persons announced to the 
 public that they had found things which had been 
 lost, and in which they invited the owner to claim 
 his property. (Plant. Rud. v. 2. 7. &c. ; Dig. 47. 
 tit. 2. s. 44.) The owner gave to the finder a re- 
 ward (evperpa) and received his property back. 
 Sometimes the owner also made known to the 
 public by a libellus what he had lost, stated his 
 name and residence, and promised to give a reward 
 to the person who found his property, and brought 
 it back to him. (Propert. iii. 21, 21, &c.) [L. S.] 
 
 LIBER (/SigAi'ov) a book. The most common 
 material on which books were written by the 
 Greeks and Romans was the thin coats or nnd 
 (liber, whence the Latin name for a book) of the 
 Egyptian papyrus. This plant was called by the 
 Egyptians Byblos {l3vg\os), whence the Greeks 
 derived their name for a book (ySiSAi'oc). It formed 
 an article of commerce long before the time of 
 Herodotus (v. 58), and was extensively used in 
 the western part of Europe, as is proved by the 
 number of roUs of papyri found at Herculaneum. 
 In the sixth century of the Christian aera the 
 duty on imported papyrus was abolished by Theo- 
 doric the Great, on which occasion Cassiodorus 
 wrote a letter (xi. 38), in which he congratulates 
 the world on the cessation of a tax so unfavoiu'able 
 to the progress of learning and of commerce. The 
 papyrus-tree grows in swamps to tlie height of 
 ten feet and more, and paper was prepared from 
 the thin coats or pellicles which surround the plant 
 in the following manner according to Pliny (xiii. 
 23). The dirt'erent pieces were joined together by 
 the turbid Nile water, as it has a kind of glutin- 
 ous property. A layer of papyrus (sclteda or 
 philyra) was laid flat on a board, and a cross layer 
 put over it ; and being thus prepared the layers 
 were pressed and afterwards dried in the sun. 
 The sheets were then fastened or pasted together, 
 the best being taken first and then the inferior 
 sheets. There were never more than twenty in a 
 scapus or roll. The papyri found in Egyptian 
 tombs differ very much in leng-th, but not much in 
 breadth, as the breadth was probably determined 
 by the usual length of the strips taken from the 
 plant. The length might be carried to almost any 
 extent by fastening one sheet to another. The 
 writing was in columns with a blank slip between 
 them. (Egyptian Antiquitifs, vol. ii. ch. 7. Lend. 
 1836.) The form and general appearance of the 
 papyri rolls will be understood from the following 
 woodcirt taken from paintings found at Pompeii. 
 (Gell. Pomp. ii. p. 187.) 
 
 The paper (charla) made from the papyrus was of 
 different qualities. The best was called after Au- 
 
 LIBER. 5(5 7 
 
 gustus, the second after Livia, the third, which was 
 originally the best, was named Hieratica, because 
 it was appropriated to the sacred books. The 
 finest paper was subsequently called Claudia, from 
 the emperor Claudius. The inferior kinds were 
 called Amphii/teairica, Saiiica, Leneotica from the 
 places in Egypt where it was made, and also 
 Famiiana, from one Fannius, who had a celebrated 
 manufactory at Rome. The kind called Emporetica 
 was not fit for writing, and was chiefly used by 
 merchants for packing their goods, from which cir- 
 cumstance it obtained its name. (Plin. xiii. 23, 
 24.) 
 
 Next to the papyrus, parchment (membrana) 
 was the most common material for writing upon. 
 It is said to have been invented by Eumenes II. 
 king of Pergamus, in consequence of the prohibi- 
 tion of the export of papynis from Egypt by 
 Ptolemy Epiphanes. (Plin. xiii. 21 .) It is pro- 
 bable, however, that Eumenes introduced only 
 some improvement in the manufacture of parch- 
 ment, as Herodotus mentions writing on skins as 
 common in his time, and says that the lonians had 
 been accustomed to give the name of skins (Si<p8e- 
 pai) to books (v. 58). Other materials are also 
 mentioned as used for writing on, but books appear 
 to have been almost invariably written either 
 upon papyrus or parchment. 
 
 The ancients wrote usually on only one side of 
 the paper or parchment, whence Juvenal (i. 5) 
 speaks of an extremely long tragedy as 
 
 " summi plena jam margine libri 
 Scriptus et in tergo necdum finitus Orestes." 
 
 Such works were called Opistographi (Plin. Ep. 
 iii. 5), and are also said to be written in aversa 
 dmria. (Mart. viii. 62.) 
 
 The back of the paper, instead of being written 
 upon, was usually stained with saffron colour or 
 the cedrus. (Lucian, wpos dnatS. 16. vol. iii. p. 
 113 ; croceae membrana tahellae, Juv. vii. 23 ; Pers. 
 iii. 10.) We learn from Ovid that the cedrus 
 produced a yellow colour. (Ovid, Trist. iii. 1. 13.) 
 
 As paper and parchment were dear, it was fre- 
 quently the custom to erase or wash out writing of 
 little importance, and to write upon the paper or 
 parchment again, which was then called Palim- 
 pnestus (iraAi^HpriffTos). This practice is mentioned 
 by Cicero (ad Earn. \W. 18), who praises his friend 
 Trebatius for having been so economical as to write 
 upon a palimpsest, but wonders what those writ- 
 ings could have been which were considered of less 
 importance than a letter. (Compare CatulL xxii. 
 5 ; Martial, xiv. 7.) 
 
 The paper or parchment was joined together so 
 as to form one sheet, and when the work was 
 finished, it was rolled on a staff, whence it was 
 called a volumen; and hence we have the expres- 
 sion evolvere libram.. (Cic. ad Ait. ix. 10.) When 
 
LIBERTUS. 
 
 LIBERTUS (GREEK). 
 
 an author divided a work into several books, it I 
 was usual to include only one book in a voluniL' or 
 roU, so that there were generally the same number 
 of volumes as of books. Thus Ovid {Trist. i. 1, 
 117) calls his fifteen books of Metamorphoses 
 "mutatae ter quinque volumina formae." (Com- 
 pare Cic. Tusc. iii. 3; ad Fam. xvii. 17.) When 
 a book was long, it was sometimes divided into 
 two volumes ; thus Pliny {Ep. iii. 5) speaks of a 
 work in three books " in sex volumina propter 
 amplitudinera divisi." 
 
 In the papyri rolls found at Herculaneum, the 
 stick on which the papyrus is rolled does not pro- 
 ject from the papyrus but is concealed by it. 
 Usually, however, there were balls or bosses, 
 ornamented or painted, called umbilici or coniua, 
 ■which were fastened at each end of the stick and 
 projected from the papyrus. (Martial, iii. 2 ; v. 6, 
 15 ; TibuU. iii. 1, 13; Ovid, Trist i. 1, 8.) The 
 ends of the roll were carefully cut, polished with 
 pumice-stone and coloured black ; they were called 
 the geminae f routes. (Ovid, /. f.) 
 
 To protect the roll from injury it was frequently 
 put in a parchment case, which was stained with a 
 purple colour or with the yellow of the Lutum. 
 Martial (x. 93) calls such a covering a purpurea 
 toga. Something of the same kind is meant by 
 the Greek sittybae {amvSai, Cic. ad Ait. iv. 5), 
 which Hesychius explains by Sep/xdrtvai aroKal. 
 
 The title of tlie book (titulus, index) was written 
 on a small strip of papyrus or parchment with a 
 light red colour {coccum or minium). Winkelmann ) 
 supposed that the title was on a kind of ticket 
 suspended to the roll, as is seen in the paintings 
 at Herculaneum (see woodcut), but it was most 
 probably stuck on the papyrus itself. (CorapiU'e 
 Tibull. /. c.) We leani from Seneca {de Tranq. 
 An. 9) and Martial (xiv. 186) that the portraits of 
 the authors were often placed on the first page of 
 the work. (Becker, Gallus, i. p. 163 — 174.) 
 Compare the articles AtramentCm, Bibliopola, 
 BiBLTOTHECA, Calamus, Capsa, Stylus. 
 LIBERA'LIA. [Dionvsia, p. 344.] 
 LIBERA'LIS CAUSA. [Assertor.] 
 LI'BERI. [Ingenui ; Libertus.] 
 LIBERO'RUM JUS. [Julia et Papia 
 PoppAEA Lex.] 
 
 LIBERTUS, LIBERTI'NUS. Freemen {!i- 
 heri) were either Ingenui [Ingenui] or Libertini. 
 Libertini were those persons who had been re- 
 leased from legal servitude (^a! ex justa servitute 
 manumissi stmt. Gains i. 11). A manumitted 
 slave was Libertus (that is, liberatus) with refer- 
 ence to his master ; with reference to the class to 
 which he belonged after manumission, he was 
 Libertinus. According to Suetonius, libertinus 
 was the son of a libertus in the time of the censor 
 Appius Claudius, and for some time after {Claud. 
 c. 24); but this is not the meaning of the word in 
 the extant Roman writers. 
 
 There were three modes of Legitima manumis- 
 sio, the vindicta, the census, and the testamentum ; 
 if the manumitted slave was above thirty years of 
 age, if he was the Quiritarian property of his 
 master, and if he was manumitted in proper fonn 
 (legitime, justa et legitima manumissiove } he became 
 a Civis Romanus : if any of these conditions were 
 wanting, he became a Latinus ; and in some cases 
 only a Dediticius. [Manumissio.] Thus there 
 were, as Ulpian observes, three kinds of Liberti : 
 Gives Roniani, Latini Juniani, and Deditieii. 
 
 The Status of a Civis Romanus and that of a 
 Dediticius, have been already described. [Civitas ; 
 Dediticii.] 
 
 Originally slaves who were so manumitted as 
 not to become Gives Romani, were still slaves ; but 
 the Praetor took thera under his protection, and 
 maintained their freedom, though he could not 
 make them Gives Romani, The Lex Junia gave 
 them a certain status, which was expressed by the 
 phrase Latini Juniani : they were called Latini, 
 says Gains (i. 22 ; iii. 56), because they were put 
 on the same footing as the Latini Coloniarii, and 
 Juniani because the Junia Lex gave thera freedom, 
 whereas before the}' were by strict law {ex Jure 
 Quiritium) slaves. Gains (iii. 56) says that the 
 Lex Junia declared such manumitted persons to be 
 as free as if they had been Roman citizens by 
 birth {cives Romani inge?iui), who had gone out 
 from Rome to join a Latin colony, and thereby 
 had become Latini Coloniarii : this passage, which 
 is not free from difficulty, is remarked on by 
 Savigny {Zeitsclirifl, ix. p. 320). 
 . A Latinus could attain the Civitas in several 
 ways. (Gains, i. 28, &c. ; Ulp. Frag. tit. 3 ; La- 
 TiNiTAs.) As the patria potestas was a Jus pecu- 
 liar to Roman citizens, it followed that a Latinus 
 had not the patria potestas over his children. If, 
 however, he had married either a Latina and had 
 begotten a child, who would of course be a Latinus, 
 or had married a Roniana civis, and had begotten 
 a child, which, by a senatusconsultma of Hadrian, 
 wpuld be a Romanus Civis, he might, by complying 
 with the provisions of the Lex Aelia Sentia, in the 
 former case obtain the civitas for himself, his wife, 
 and child, and in both cases acquire the patria 
 potestas over his child just as if the child had been 
 born in justae nuptiae. (Gains, i. 30. C6.) 
 
 In considering the legal condition of Libertini, 
 it is necessarj' to remember that even those who 
 were Cives Romani were not Ingenui, and that 
 their patroni had still certain rights with respect 
 to tliem. The Latini were under some special in- 
 capacities ; for the Lex Junia which determined 
 their status, neither gave them the power of mak- 
 ing a will, nor of taking property under a will, nor 
 of being named Tutores in a wUl. They could 
 not therefore take either as heredes or legatarii, 
 but they could take by way of fidei-commissum. 
 (Gaius, i. 24.) The sons of libertini were ingenui, 
 but they could not have gentile rights ; and the 
 descendants of libertini were sometimes taunted 
 with their servile origin. (Hor. Serm. i. 6, 46.) 
 
 The law which concerns the property {bona) of 
 Libertini may be appropriately considered under 
 Patronus : see also Ingenul [G. L.] 
 
 LIBERTUS (GREEK) ("AireAciJflepoj), a freed- 
 man. It was not unfrequent for a master at 
 Athens to restore a slave to freedom, or to allow 
 him to purchase it. The state into which a slave 
 thus entered was called airf\iu6(pia, and he was 
 said to be Kafl' iavrdv. (Demosth. jora /"/(orm. p. 
 945.) It is not quite certain whether those per- 
 sons who are termed oi X'^P'J olKovvTes (Demosth. 
 Philip, i. p. 50) were bkewise freedraen, as the 
 grannnarians assert, or whether they were persons 
 yet in slaver^', but living separated from their mas- 
 ters' household ; but in Demosthenes (c. Euerg. et 
 Mnesib. p. 1161) the expression X'^p's 'i''''^' ^vi- 
 dentlj- used as synonymous with " he has been 
 emancipated." A slave when manumitted entered 
 into the status of a ,ueToiK($s [METOIKO'2], and 
 
LIBRA. 
 
 LIBRA. 
 
 569 
 
 as such he had not only to pay the neTolmov, but 
 a triobolon in addition to it. This triobolon was 
 probiibly the tax which slave-holders had to pay to 
 the republic for each slave they kept, so that the 
 triobolon paid by freedmen was intended to in- 
 demnify the state, which would otherwise have 
 lost by every manumission of a slave. (Bcickh, 
 PuU. Econ. of Atliens, ii. p. 48.) The connection 
 of a freedman with his former master was however 
 not broken otf entirely on his manumission, for he 
 had throughout his life to regard him as his patron 
 ( TrpoCTToTTjs ), and to fultil certain duties towards 
 him. In what these duties consisted beyond the 
 obligation of showing gratitude and respect to- 
 wards his deliverer, and of taking him for his 
 patron in all his att'airs, is uncertain, though they 
 seem to have been fixed by the laws of Athens. 
 (Meyer and Schura. Ail. Proc. p. 473, &c. ; Petit. 
 Legg. Ait. ii. 6. p. 261 ; compare Plato, De Legg. 
 xi. p. 915.) Whether the relation existing be- 
 tween a person and his freedman descended to the 
 children of the latter, is likewise unknown. That 
 a master, in case his freedman died, had some 
 claims to his property, is clear from Isaeus {de Ni- 
 costrat. liered. c. 9 ; Rhetor, ad Alex. i. 16 ; com- 
 pare Bunsen, Da jur. liered. Ath. p. 51). The 
 neglect of any of the duties which a freedman had 
 towards his former master was prosecuted by the 
 OKoaToaiou Ukti). ['An02TA2rOT AI'KH.] 
 
 The Spartans likewise restored their slaves some- 
 times to freedom, but in what degree such fi'eed- 
 men partook of the civic franchise is not known. 
 That they could never receive the full Spartan 
 franchise is expressly stated by Dion Chrysosto- 
 mus (^Orat. xxxvi. p. 448. B.), but Miiller {Dor. 
 iii. 3. § 5) entertains the opinion that Spartan 
 ■ freedmen, after passing through several stages, 
 might in the end obtain the full franchise ; this 
 opinion however is more than doubtful. Spartan 
 freedmen were frequently used in the armies and 
 in the fleet, and were, according to Myro («ju. 
 Athen. vi. p. 271), designated by the names of 
 d<p(Tat, dSetTTTOToi, ipvKTrjpfs, SeiTirocnoi'avTai, 
 and vioSaixui^eis. [L. S.] 
 
 LIBITINA'RIL [Funus, p. 439.] 
 LIBRA, dim. LIBELLA {(TTad^uSs), a balance, 
 a pair of scales. The principal parts of this instru- 
 ment were, 1. The beam [Juhum], whence any- 
 thing which is to be weighed is said viro ^vyov 
 dva§A-^Sr)vat, literall}-, " to be thrown under the 
 beam." (Aelian, V. H. x. 6.) 2. The two scales, 
 called in Greek rdKavra (Honi. //. viii. 69 ; xii. 
 433 ; xvi. 659 ; xix. 223 ; xxii. 209 ; Aristoph. 
 Rame, 809) and ■nXacmyy^ (Aristoph. Raiiac, 
 1425), and in Latin lances (Virg. Aeii. xii. 725 ; 
 Pers. iv. 10 ; Cic. Acad. iv. 12). [Lanx.] Hence 
 the verb TaKavreva is employed as equivalent to 
 (TTaQudw, and to tlie Latin liiro, and is applied as 
 descriptive of an eagle balancing his wings in the 
 air. (Philostrat. Jun. bnag. 6 ; Welcker, ad loc.) 
 The beam was made without a tongue, being held 
 by a ring or other appendage {ligula, l>Ofia), fixed 
 in the centre. (See the woodcut.) Specimens of 
 bronze balances may be seen in the British iVIuseura 
 and in other collections of antiquities, and also of 
 the steel-yard [Statera], which was used for the 
 same purposes as the libra. The woodcut to the 
 article Catena shows some of the chains by which 
 the scales are suspended from the beam. In the 
 works of ancient art the balance is also introduced 
 emblematically in a great variety of ways. Cicero 
 
 {Tusc. V. 17) mentions the balance of Critolaus, 
 in which the good things of the soul were put into 
 one scale and those of the body and all external 
 things into the other, and the first was found to 
 outweigh the second, though it included both earth 
 and sea. In Egyptian paintings the balance is 
 often introduced for the sake of exhibiting the 
 mode of comparing together the amount of a de- 
 ceased man's merits and of his defects. The an- 
 nexed woodcut is taken from a beautiful bronze 
 patera, representing Mercury and Apollo engaged 
 in exploring tlie fates of Achilles and Memnon, by 
 weighing the attendant genius of the one against 
 
 that of the other. (Winckelmann, Mon. Ined.MZ; 
 Millin, Peintures de Vases Ant. t. i. pi. 19. p. 39.) 
 A balance is often represented on the reverse of the 
 Roman imperial coins ; and to indicate more dis- 
 tinctly its signification, it is frequently held by a 
 female in her right hand, while she supports a 
 cornucopia in her left, the words aeqvitas av- 
 GVSTi being inscribed on the margin, so as to de- 
 note the justice and impartiality with which the 
 emperors dispensed their bounty. 
 
 The constellation libra is placed in the Zodiac 
 at the equinox, because it is the period of the year 
 at which day and night are equally balanced. 
 (Virg. 6Wy."i.208 ; Plin. H.N. xviii. 25 ; Schol. 
 inArat.HD.) 
 
 The mason's or carpenter's level was called libra 
 or liMla ( wlience the English name) on account 
 of its resemblance in many respects to a balance. 
 (Varro, de Re Rust. i. 6 ; Columella, iii. 13 ; Plin. 
 H. N. xxxvi. 22.) Hence the verb lihro meant to 
 level as well as to weigh. The woodcut to the 
 article CiRCiNUs, which is inserted sideways, shows 
 a libclla fahrilis having the form of the letter A, 
 and the line and plummet { perpendicuhim) de- 
 pending from the apex. [J. Y.] 
 
 LIBRA or AS, a pound, the unit of weight 
 among the Romans and Italians. Many ancient 
 specimens of this weight, its parts and multiples, 
 have come down to us ; but of these some are im- 
 perfect, and the rest difter so much in weight that 
 no satisfactory conclusion can be drawn from them. 
 The difference between some of these specimens is 
 as much as two ounces. An account of some of 
 the most remarkable of them is given by Hussey 
 {Ancient Weights, &c. ix. § 3) and Biickh {Metro- 
 log. Untersuck. p. 170). This variety is to be ac- 
 counted for partly by the well-known carelessness 
 I of the Romans in keeping to their standards of 
 
570 
 
 LIBRA. 
 
 LIBRARII. 
 
 weight, and partly by the fact tliat many of the 
 extant weights are from provincial towns, in which 
 this carelessness was notoriously greater than in 
 the metropolis. 
 
 The Roman coins furnish a mode of calcidating 
 the weight of the libra, which has been more relied 
 on than any other by most modern writers. The 
 As will not help us in this calculation, because its 
 weight, though originally a pound, was very early 
 diminished, and the existing specimens differ from 
 each other very greatly. [As.] We must there- 
 fore look only to the silver and gold coins. Now 
 the average weight of the extant specimens of the 
 denarius is about 60 grains, and in the early ages 
 of the coinage 84 denarii went to the pound. 
 [Denarius.] The pound then, by this calcula- 
 tion, would contain 5040 grains. Again the 
 aurei of the early gold coinage were equal in weight 
 to a scn(jt)M^«7n and its multiples. [Aurum.] Now 
 the scrupulum was the 288th part of the pound 
 [Uncia], and the average of the scrupular aurei 
 has been found by Letronne to be about 17^ grains. 
 Hence the pound would be 288x 174 = 5040 
 grains, as before. The next aurei coined were, ac- 
 cording to Plinj', 40 to the pound, and therefore, 
 if the above calculation be right, =; 126 grains ; 
 and we do find many of this weight. But well as 
 these results hang together, there is great doubt 
 of their truth. For, besides the ■uncerfeiinty which 
 always attends the process of calculating a larger 
 quantity from a smaller on account of the multi- 
 plication of a small error, we have every reason to 
 believe that the existing coins do not come up to 
 their nominal weight, for tliere was an early ten- 
 dency in the Roman mint to make money below 
 weight (Plin. xxxiii. 13. 46 ; compare As, Aurum, 
 Denarius), and we have no proof that any extant 
 c ins belonged to the ven/ earliest coinage, and 
 therefore no security that they may not have been 
 depreciated. In fact, there are many specimens of 
 the denarius extant which weigh more than the 
 above average of 60 grains. It is therefore pro- 
 bable that the weight of 5040 grains, obtained 
 from this source, is too little. 
 
 Another mode of determining the pound is from 
 the relation between the Roman weights and 
 measures. The chief measures which aid us in 
 this inquiry are the amphora or quadrantal, and 
 the congius. The solid contents of the ampliora 
 were equal to a cube of which the side was one 
 Roman foot, and the weight of water it contained 
 was 80 pounds. Hence, if we can ascertain the 
 length of the Roman foot independently, it will 
 give us the solid contents of the amphora, from 
 which we can deduce the weight of the Roman 
 pound. But it may be obtained at once from the 
 congius of Vespasian, which holds 10 Roman 
 pounds, and was found by Dr. Hase (in 1721) to 
 contain 52037'69 grains, troy, of distilled water. 
 [Congius.] This would give for the pound 
 S203'769 grains, troj^, or very nearly 5204 grains 
 = 1I|^ ounces and 60'45 grains. By another ex- 
 periment (in 1680) Auzout found the congius to 
 contain 5I463'2 grains, troy. This would make 
 the pound 5I46"32 grains, troy, which is only 
 57'449 grains less than before. Hussey considers 
 that Dr. Hase's experiment is more to be relied on 
 than Auzout's as being more recent. The diiference 
 may be partly owing to another cause, which 
 throws doubt on the whole calculation. The in- 
 terior surface of the congius may have been injured 
 
 by time and other causes, and its capacity there- 
 fore increased. Wunn asserts this as a fact {De 
 Po?id., &c. p. 78). Again, the nature of the fluid 
 employed in the experiment, its temperature, and 
 the height of the barometer would all influence the 
 result, and the error from these sources must occur 
 twice, namely, at the original making of the con- 
 gius and at the recent weighing of its contents. 
 Still these errors are probably small, and therefore 
 we may take the weight of 5204 grains, troy, as 
 obtained from this experiment, to be the nearest 
 approximation to the weight of the Roman pound. 
 This result very little exceeds that obtained from 
 the coins ; and as we have seen that the latter 
 give too small a weight, the excess may be viewed 
 rather as a correction than a contradiction. For it 
 gives as the weight of the denarius of 84 to the 
 pound nearly 62 grains, and many denarii weigh 
 as much, or even more. The scruple would be 
 18'07 grains, which only exceeds the average of 
 extant specimens by about half a grain. (See 
 Hussey, Aiicient Weights, &c. chap, ix.) Wurm, 
 who depends solely on the coins, makes it 5053*635 
 grains, troy {De Pond., &c. p. 16), and Bockh 
 arrives at nearly the same result {Metroloff. Unter- 
 sueh. § 9). 
 
 The uncial division, which has been noticed in 
 speaking of the coin As, was also applied to the 
 weight. The following table shows the divisions 
 of the pound, with their value in ounces and grains, 
 avoirdupois weight. 
 
 As or Libra .... 
 
 Deunx 
 
 Dextans or Decuncis . 
 Dodrans .... 
 Bes or Bessis . . . 
 Septunx .... 
 Semis or Semissis . . 
 Quincunx .... 
 
 Triens 
 
 Quadrans or Teruncius 
 
 Sextans 
 
 Sescuncia or Sescunx 
 Uncia 
 
 The divisions of the ounce are given under 
 Uncia. Where the word pondo, or its abbrevia- 
 tions p. or POND., occur with a simple number, the 
 weight understood is the libra. 
 
 The name libra was also given to a measure of 
 horn, divided into twelve equal parts {undue) by 
 lines marked on it, and used for measuring oil. 
 (Suet. Cues. c. 38 ; Galen, de C'omp. Med. Gen. i. 
 17 ; vi. 8 ; Herat. Sat. n. ii. 5.9—61.) [P. S.] 
 
 LIBRA'RII, the name of slaves, who were em- 
 ployed by their masters in writing or copying in 
 any way. They must be distingiushed from the 
 Scribae publici, who were freemen [Scribae], and 
 also from the booksellers [Bibliopola], to both 
 of whom this name was also applied. The slaves, 
 to whom the name of librarii was given, may be 
 divided into three classes : — 
 
 1. Librarii who were employed in copying 
 books, called Scriptores Librarii by Horace (Ars 
 Poi-t. 354). These librarii were also called in later 
 times antiquarii. (Cod. 12. tit. 19. s. 10 ; Cod. 
 Theod. 4. tit. 8. s. 2 ; Isiod. Orig. vi. 14.) Isiodore 
 (/. c.) says that the librarii copied both old and 
 new books, while the antiquarii copied only old 
 
 Unciae. 
 
 Oz. 
 
 Grs. 
 
 12 
 
 Ill 
 
 60- 45 
 
 11 
 
 105 
 
 64- 54 
 
 10 
 
 H 
 
 38- 50 
 
 9 
 
 
 42- 57 
 
 8 
 
 
 76- 75 
 
 7 
 
 
 80- 88 
 
 6 
 
 5| 
 
 84- 95 
 
 5 
 
 ^ 
 
 89- 05 
 
 4 
 
 
 93- 14 
 
 3 
 
 2| 
 
 97- 21 
 
 2 
 
 
 101- 29 
 
 
 !| 
 
 103-624 
 
 1 
 
 n 
 
 105- 36 
 
 
 or 
 
 433-666 
 
 I 
 
LIBURNA. 
 
 LICTOR. 
 
 571 
 
 books. Becker {Oallus, i. p. 164), however, thinks 
 that when the cursive character came into general 
 use, the name of antiquarii was applied to the 
 copyists who transcriljed books in tbe old uncial 
 character. The name of librarii was also given to 
 those who bound books (Cic. ad Alt iv. 4), and to 
 those who had the care of libraries. 
 
 2. Librarii a sludiis were slaves who were em- 
 ployed b}' their masters when studying to make 
 extracts from books, &c, (Orell. Inscr. 719 ; Suet. 
 Claud. 28 ; Cic. ud Fam. xvi. 21.) To this class 
 the nutarii, or short-hand writers, belonged, who 
 
 habits of the Illyrian nation, from whose ships the 
 Romans affixed this terra to their own, are describ- 
 ed by Appian {De Dell. Ilhjr. 3), who also con- 
 firms Lucian in the statement that they were com- 
 monly biremes. From its resemblance in shape to 
 these vessels, the Liburnum or litter derives its 
 name. Its convenience is well described by Juve- 
 nal (lii. 240), though some commentators think 
 that this passage refers to Liburnian slaves who 
 carried the litter. The sharpness of the beak of 
 these ships, which was probably of also great weight 
 (Biickh conjectures in the trieres of nearly four 
 
 could write down rapidly whatever their masters j talents), is clearly indicated by Pliny (x. 32). The 
 
 dictated to them. (Piiu. Ep. iii. 5 ; Martial, xiv, 
 208.) ] 
 
 3. Librarii ah episiolis,'whose principal duty was 
 to write letters from their masters' dictation. 
 (Orelli, Inscr. 2437. 2997, &c. ; Becker, Galliis, i. ' 
 p. 180.) To this class belonged the slaves called ad 
 manum, a manu, or ama?>uenses. [Amanuen.sis.J 
 
 LIBRA'TOR is in general a person who ex- 
 amines things by a libr.\ ; but the name was, in 
 particular, applied to two kinds of persons. 
 
 1. Lihrator ai/uue, a person whose knowledge 
 was indispensable in the construction of aquae- 
 ducts, sewers, and other structures for the purpose 
 of conveying a fluid from one place to another. He 
 examined by a hj-drostatic balance (libra at/uarui) 
 the relative heights of the places from and to which 
 the water was to be conducted. Some persons at 
 Rome made this occupation their business, and 
 ■were engaged under the curatores aquarum, though 
 architects were also expected to be able to act as 
 libratores. (Plin. /ijois/. x. 50 ; Vrontm. De Aquaed. 
 105; compare Vitruv. viii. 6; Cod. 10. tit. 66. 
 
 1. ) 
 
 2. Libratores in the armies were probably sol- 
 diers who attacked the enemy by hurling with 
 their own hands (^(6r«/i(/o) lances or spears against 
 them. (Tacit. Ann. ii. 20; xiii. 39 ; in both these 
 passages some MSS. have libri tores.) Lipsius {ml 
 Tacit. Ann. I. c.) thinks that the libratores were 
 men who threw darts or stones against the enemy 
 by means of machines tormenta (compare his Po- 
 liorcet. iv. 3). But this supposition can scarcely' 
 be supported by any good authority. During thi 
 
 same writer also informs us that they were con- 
 structed sharp in the bows to offer the least pos- 
 sible resistance to the water. The Navis Rostrata 
 and Liburaica were the same. (Phn. ix. 5.) 
 
 The term Liburna became incorporated into the 
 Latin tongue simpl}' from the assistance rendered 
 to Augustus by the Liburni as a maritime power 
 at the battle of Actium. From this period, ex- 
 perience having shown their efficiency, this class of 
 vessels became generally adopted by the Romans. 
 (Veget. iv. 23.) In a similar manner many naval 
 terms, from the excellency of a foreign construc- 
 tion, have been introduced into our language 
 from the Dutch, French, Spanish, and Italian, as 
 brigantine, galleon, felucca, frigate, &c. After the 
 period of the naturalization of the word in the 
 Latin language, it lost its local and particular force 
 and became applied to other kinds of ships. 
 
 [J. VV. W.] 
 
 AIXA'2. [Pes.] 
 
 LICI'NIAE ROGATIO'NES. [Rogationes 
 
 LiCINIAE.] 
 
 LICTOR, a public officer, who attended on the 
 chief Roman magistrates. The number which 
 waited on the different magistrates is stated in t) e 
 article Fasces. 
 
 The office of lictor is said to have been derived 
 by Romidus from the Etruscans. (Liv. i. 8.) The 
 etymology of the name is doubtful ; Gellius (xii. 
 3) connects it with the verb lit/are, because the 
 lictors had to bind the hands and feet of criminals 
 before they were punished. The lictors went be- 
 fore the magistrates one by one in a line ; he who 
 
 time of the republic libratores are not mentioned j went last or next to the magistrate was called 
 
 in the Roman armies. [L. S.] 
 
 LI'BRIPENS. [Mancipatio.1 
 
 LIBURNA, LIBU'RNICA (Aigupm, Ai'gup- 
 vov), commonly a bireme with the mast a-midship. 
 
 proximus lictur, to whom the magistrate gave his 
 commands (Liv. xxiv. 44 ; Sail. Juq. 12 ; Cic. Verr. 
 2. Act. V. 54 ; dc Div. i. 28 ; Orelli, Inscr. 3218), 
 and as this lictor was always the principal one, we 
 as appears from Lucian (vol. v. p. 262. cd. Bip.), ' also find him called prinuts lictor (Cic. ad Quint, i. 
 
 but not unfrequently of larger bulk, as may be in 
 ferred from comparing Florus, iv. 2, with Suetonius, 
 Aug. 17, from which passages we learn that the 
 fleet of Augustus at Actium consisted of vessels 
 from the trieres, the lowest line of battle ship, to 
 the hexeres, and that the ships were Liburnicae 
 
 1. § 7), which expression some modern writers 
 have erroneously supposed to refer to the lictor 
 who went first. 
 
 The lictors had to inflict punishment on those 
 who were condemned, especially in the case of 
 Roman citizens (Liv. ii. 5; viii. 7) ; for foreig-ners 
 
 Horace {Epod. i. 1 ) alludes to the immense size of and slaves were punished by the Carnifex ; and they 
 the ships of Antony compared with these Liburni- 
 cae. From the description of them by Varro, as 
 quoted by A. Gellius (xvii. 3), they appear to have 
 been originally somewhat similar to the light In- 
 dian boats, literally sewn together, which ate now 
 used to cross the surf in Madras' roads. The 
 Liburni stitched the planks of their boats together 
 probably only in their earliest and rudest shape, as 
 is still the practice in Malabar. Pliny (xvi. 17) 
 informs us that the material of which these ves- 
 sels were constructed was pine timber as clear 
 from resin as could be obtained. The piratical 
 
 also probably had to assist in some cases in the 
 execution of a decree or judgment in a civil suit. 
 The lictors also commanded (animadvcrterunt) per- 
 sons to pay proper respect to a magistrate passing 
 by, which consisted in dismounting from horse- 
 back, uncovering the head, stiinding out of the 
 way, &c. (Liv. x.xiv. 44 ; Sen. Ep. 64.) 
 
 The lictors were originally chosen from the plebs 
 (Liv. ii. 55), but afterwards appear to have been 
 generally freedmen, probably of the magistrate on 
 whom they attended. (Compare Tacit. Ann. xiii. 
 27.) 
 
.572 LIMBUS. 
 
 Lictors were properly only granted to those ma- 
 gistrates who had the Imperium. Consequently 
 the tribunes of the plebs never had lictors (Plut. 
 Quaest. Rom. 81), nor several of the other magis- 
 trates. Sometimes, however, lictors were granted 
 to persons as a mark of respect or for the sake of 
 protection. Thus by a law of the Triumvirs every 
 vestal virgin was accompanied by a lictor, when- 
 ever she went out (Dion Cass, xlvii. 19), and the 
 honour of one or two lictors was usually granted 
 to the wives and other female members of the Im- 
 perial family. (Tacit. Ami. i. 14 ; xiii. 2.) 
 
 There were also thirty lictors called Lictores 
 Curiati., whose duty it was to summon the curiae 
 to the comitia curiata ; and when these meetings 
 became little more than a fonn, their suffrages 
 were represented by the thirty lictors. (Gell. xv. 
 27; Cic. Ayr. u. 12; Orelli, luscr. 2176. 2922. 
 3240.) 
 
 LIGO {SUiWa. or ^laK^KKa) was a hatchet 
 formed either of one broad iron or of two curved 
 iron prongs, which was used by the ancient hus- 
 bandmen to clear the fields from weeds. (Ovid, Er 
 Pont. i. 8. 59 ; Mart. iv. 64 ; Stat. Theh. iii. 589 ; 
 Colum. X. 89.) The ligo seems also to have been 
 used in digging the soil and breaking the clods. 
 (Hor. Carta, iii. 6. 38 ; Epist. L 14. 27 ; Ovid, 
 Amor. iii. 10. 31 ; compare Dickson, On the Hus- 
 handry of tlw Ancients, i. p. 415.) [L. S.) 
 
 Ll'GULA, a Roman measure of capacit_y, con- 
 taining one-fourth of the Cyathus, and therefore 
 equal to '0206 of a pint English. (Columella,/?. if. 
 xii. 21.) [P. S.] 
 
 LIMA, a file, was made of iron or steel, for the 
 purpose of polishing metal or stone, and appears to 
 have been of the same form as the instruments 
 used for simihir purposes in modern times. (Plin. 
 H. N. xxxvii. 8. 32 ; ix. 35. 54 ; xxviii. 9.41; 
 Plant. Menaedi. I. i. 9.) [L. S.] 
 
 LIMBUS (irapu^Tj), the border of a tunic 
 (Corippus, de Laud. Just. ii. 117) or a scarf. (V'irg. 
 Aen. iv. 137 ; Serv. in loc.) This ornament, when 
 displayed upon the tunic, was of a similar kind 
 with the CycLAS and Instita (Servius in Virg. 
 Aen. ii. 616), but much less expensive, more com- 
 mon and more simple. It was generally woven in 
 the same piece with the entire gannent of which it 
 formed a part, and it had sometimes the appear- 
 ance of a scarlet or purple band upon a white 
 ground ; in other instances it resembled foliage 
 (Virg. Aen. i. 649 ; Ovid, Met. vi. 127), or the 
 scrolls and meanders introduced in architex;ture. 
 A very elegant .effect was produced by bands of 
 gold thread interwoven in cloth of Tynan purple 
 (Ovid, Met. v. 51), and called Ajjpoi' or leria. 
 (Festus, s. v.; Brunck, Anal. i. 483.) Demetrius 
 Poliorcetes was arrayed in this manner (xpuco- 
 irapvipois dXovpflai, Plutarch, Deinet. 41). Virgil 
 {^Aen. v. 251 ) mentions a scarf enriched with gold, 
 the border of which was in the form of a double 
 meander. In illustration of this account examples 
 of both the single and the double meander are in- 
 troduced at the top of the annexed woodcut. The 
 other eight specimens of limbi are selected to show 
 some of the principal varieties of this ornament, 
 which present themselves on Etruscan vases and 
 other works of ancient art. The effect of the 
 limbus as a part of the dress is seen in the wood- 
 cuts at pages 18. 86. 173. 193. 208. 292. 
 
 The use of the limbus was almost confined to 
 the female sex among the Greeks and Romans ; 
 
 LINTER. 
 
 but in other nations it was admitted into the dress 
 of men likewise. 
 
 An ornamental band, when used by itself as a 
 fillet to surround the temples or the waist, was also 
 called limbus. (Stat. Theb. vi. 367 ; Aehill. ii. 176; 
 Claud. (/(' Cons. Mallii Theod. 118.) Probably the 
 limbolarii mentioned by Plautus {Aulul. iii. v. 45), 
 were persons employed in making bands of this 
 description. [J. Y.] 
 
 LIMEN. [Janua, p. 50.3, 504.] 
 
 LIMES. [Aguimensores.] 
 
 LIMITA'TIO. [A(;rimensore.s.] 
 
 LI'NEA, dim. LINE'OLA, a linen thread or 
 string (from Ummi, flax) ; a line. (Varro de Re 
 Rust. i. 23; Col. de Re Rust. viii. 11.) A string, 
 smeared with raddle {ruhrica, ^i'\toj) and drawn 
 tight, was used by carpenters and masons to im- 
 press a straight mark upon boards of wood, slabs 
 of marble, &c. (Cato de Re Rust. 14 ; (TTaBfii), 
 Horn. //. XV. 410 ; Od. v. 245 ; xvii. 341 ; Schol. 
 in II. ce.) Hence arose the proverb (TTa.0fj.ris dKpi- 
 Searepos, meaning " more exact than rectitude 
 itself." Since the string made no mark, unless 
 coloured, the pursuit of an object without discrimi- 
 nation and distinctness of purpose was called using 
 the linea alba, or Aciifcr; uTaQirq. (Gell. N, A. 
 Praef.; Plato, Char. p. 63. ed. Heindorf.) The 
 cup or box used to hold the raddle was called 
 fxiATiiov. (Brunck, Anal. i. 221.) 
 
 By an extension of the signification any straight 
 mark {'^paixji-rt), however produced, was called 
 iinea (Gell. A^. A.x.X); and hence the same terms 
 both in Latin and Greek {linea, ypaixpL-fi) were ap- 
 plied to a mathematical line. (Euclid ; Brunck, 
 Anal. ii. 195.) Hence also a narrow boundary of 
 any kind was denoted by these terms, and especi- 
 ally the boundary of human Hfe (Hor. Epist. i. 16. 
 79 ; Diod. Sic. xvii. 118; Eurip. Ion, 1514), and 
 the boundary in the stadium, from which the com- 
 batants started, or at which they stopped. (Schol. 
 in Pind. Pyth. ix. 208.) 
 
 Linea also meant a fishing-line ; the line used 
 in sounding [Catapirater] ; that employed in 
 agriculture and gardening (Col. de Re Rust. iii. 13); 
 and a measuring-line. (Col, ib. iii. 15 ; Cic. ad 
 Q. Frat. iii. 1.) [J. Y.] 
 
 LINTER, a boat similar to the fj.ov6^v\a 
 TrAoia used, according to Pliny (H. N. vi. 26), on 
 the Malabar coast. The ancient British boat, at 
 present in the court-yard of the Museum, formed 
 of one tree, gives an excellent exemplification of 
 the rudest form of the linter. Pliny (xvi. 76) 
 
LITIS CONTESTATIO. 
 
 LITIS CONTESTATIO. 
 
 573 
 
 tells us that the Germans had boats of this de- 
 scription that held thirt)' men, and the British 
 vessel just alluded to would certainly carr}' nearij- 
 this complement. The passage in Tacitus {Hist. 
 T. 23) is too corrupt to be admitted as any autho- 
 rity for a larger description of ships being included 
 under this term. In Ovid {Epiit. ad Liv. \. 428) 
 it is applied to Charon's bark, which was obviously 
 worked by a single man. Cae^ir separates the 
 linter from the navis (B. G. vii. (iO), and also re- 
 presents the former as one remove in early boat- 
 building from the ratis or raft. (Ibid. i. 12.) In 
 another passage {B. C. i. 28) he classes them with 
 the scaphae. Tibullus (ii. v. .33, 34) represents 
 them to have been of light draught of water, like 
 our wherries. 
 
 " Et qua Velabri regie p.atet ire solebat 
 Exiguus pulsa per vada linter aqua." 
 
 Ausonius (Grammat. 349) indicates that a chain 
 of them formed a pontoon, and also classes them 
 with the other light boats {Epist. Paul. 22. 31). 
 Horace {Sat. i. v. 20) describes the linter as a tow- 
 boat worked by a single mule, which differs from 
 the sense affixed to it by Propertius (i. xiv. 3), who 
 distinguishes between the swift linter and the slow 
 ratis or tow-boat. 
 
 " Et modo tam celeres mireris currere lintres 
 Et modo tam tardas funibus ire rates." 
 These passages give a twofold sense to linter of 
 wherry and tow-boat. 
 
 The name linter was also applied to a kind of 
 tab or trough made of one block of wood, which 
 was used by country people for various purposes, 
 such as for conveying and pressing the grapes. 
 (Virg. Ge.org. i. 262 ; Cato, de Re Rust. 1 1 ; 
 TibuU. I. v. 23.) [J. W. W.] 
 
 LITHOSTRO'TA. [House(Rom.\n), p. 499.] 
 
 LITIS CONTEST A'TIO. " Contestari " is 
 when each party^ to a suit (uterqm reus) says,- 
 " Testes estote." Two or more parties to a suit 
 (adversarii) are said contestari litem, because when 
 the .Judicium is arranged {ordinato Judicio) each 
 party is accustomed to say, " Testes estote." 
 (Festus, s. V. Cuntestari.) The Litis Contestatio 
 was therefore so called because persons were called 
 on by the parties to the suit to " bear witness," 
 " to be witnesses." It is not here said what they 
 were to be witnesses of, but it may be fairly in- 
 ferred from the use of the words contestatio and 
 tcstatio in a similar sense in other passages (Dig. 
 28. tit. 1. s. 20 ; Ulp. Fray. xx. s. 9) that this 
 contestatio was the formal termination of certain 
 acts of which the persons called to be witnesses 
 were at some future time to bear record. Accord- 
 ingly the Contestatio, spoken of in the passage of 
 Festus, must refer to the words ordinato judicio, 
 that is to the whole business that has taken place 
 In Jure and which is now completed. This in- 
 terpretation seems to be confirmed by the following 
 considerations. 
 
 When the Legis Actiones were in force, the 
 procedure consisted of a series of oral acts and 
 pleadings. The whole procediu-e, as was the case 
 after the introduction of the Fonnulae, was divided 
 into two parts, that before the Magistratus or In 
 Jure, and that before the Judex or In Judicio. 
 That before the Magistratus consisted of acts and 
 words by the parties, and by the Magistratus, the 
 result of which was the determination of the form 
 and manner of the future proceedings In Judicio. 
 When the piirties appeared before the Judex, it 
 
 would be necessary for him to be fully informed of 
 all the proceedings In Jure : this was effected in 
 later times by the FoiTnula, a written instrument 
 under the authority of the Praetor, which contained 
 the result of all the transactions In Jure in the 
 fonn of instructions for the Judex. But there is 
 no evidence of any such written instructions hav- 
 ing been used in the time of the Legis Actiones ; 
 and this must therefore have been effected in some 
 other way. The Litis Contestatio then may be 
 thus explained : the whole proceedings In Jure 
 took place before witnesses, and the Contestatio 
 was the conclusion of these proceedings ; and it 
 was the act by which the litigant parties called on 
 the witnesses to bear record before the Judex of 
 what had taken place In Jure. 
 
 This, which seems a probable explanation of the 
 original meaning of Litis Contestatio, may be com- 
 pared to some extent with the apparently original 
 sense of Recorder and Recording in English law. 
 (^Penny Ci/dopaedia. Art. Recorder.) 
 
 When the Formula was introduced, the Litis 
 Contestatio would be unnecessary, and tliere ap- 
 pears no trace of it in its original sense in the clas- 
 sical jurists. Still the expressions Litis Contestatio 
 and Lis Contestata frequently occur in the Pan- 
 dect, but only in the sense of tiie completion of the 
 proceedings In Jure, and this is the meaning of 
 the phrases Ante litem contestatam. Post litem 
 contestatam. (Gaius, iii. 180; iv. 114.) As the 
 Litis Contestatio was originally and properly the 
 termination of the proceedings In Jure, it is easily 
 conceivable that after this form had fallen into dis- 
 use, the name should still be retained to express 
 the conclusion of such proceedings. When the 
 phrase Litem Contestari occurs in the classical 
 jurists, it can mean nothing more than the pro- 
 ceedings by which the parties terminate the pro- 
 cedure In Jure and so prepare the matter in 
 dispute for the investigation of the Judex. 
 
 It appears from the passage in Festus that the 
 phrase Contestari litem was used, because the 
 words " Testes estote " were uttered by the parties 
 after the Judicium Ordinatum. It was therefore 
 the uttering of the words " Testes estote " which 
 gave rise to the phrase Litis Contestatio ; but this 
 does not inform us what the Litis Contestatio 
 properly was. Still as the name of a thing is de- 
 rived from that which constitutes its essence, it 
 may be that the name here expresses the thing, that 
 is, that the Litis Contestatio was so called, for the 
 reason which Festus gives, and that it also consist- 
 ed in the litigant parties calling on the witnesses 
 to bear record. But as it is usual for the whole of 
 a thing to take its name from some special part, so 
 it may be that the Litis Contestatio, in the time of 
 the Legis Actiones, was equivalent to the whole pro- 
 ceedings in Jure, and that the whole was so called 
 from that part which completed it. 
 
 The time when the proper Litis Contestatio fell 
 into disuse cannot be determined, though it would 
 seem that this must have taken place with the 
 passing of the Aebutia Lex and the two Leges 
 Juliae which did away with the Legis Actiones, 
 except in certain cases. It is also uncertain if the 
 proper Litis Contestatio still existed in those Legis 
 Actiones, which were not interfered with by the 
 Leges above mentioned ; and if so, whether it ex- 
 isted in the old form or in a modified shape. 
 
 This view of the matter is by Keller, in his well 
 written treatise " Ueber Litis Contestation und 
 
574 
 
 LITUUS. 
 
 LODIX. 
 
 Urtheil nach Classischem Romischem Recht," 
 Zurich 1827. Other opinions are noticed in his 
 work. ' The author labours particularly to show 
 that the expression Litis Contestatio always refers 
 to the proceedings In Jure and never to those In 
 Judicio. [G. L.] 
 
 AI'TPA, a Sicilian silver coin, which was equal 
 in value to the Aeginetan obol. [Drachma.] Since 
 the word has no root in the Greek language, but is 
 merely the Greek form of the Latin libra (Festus, 
 s. V. Lues, " Airpa enim libra est"), and since we 
 find it forming part of an uncial system similar to 
 that used in the Roman and Italian weights and 
 money [As ; Libra], its twelfth part being called 
 oyKia (the Roman uncia), and ■six, five, four, three, 
 and two of thesetwelfth parts being denominated re- 
 spectively r)iJ.i\npov, irivrdymov, T€Tpos, rpios, and 
 efos, it is evident that the Greeks of Sicil}', having 
 brought with them the Aeginetan obol, afterwards 
 assimilated their system of coinage to that used by 
 their Italian neighbours, making their obol to 
 answer to the libra, under the name of \'npa. In 
 the same way a Corinthian stater of ten obols was 
 called in Syracuse a S^KaKirpov, or piece of ten 
 litras. (Aristot. ap. Polliuc, iv. 24. 173; ix. 6. DO ; 
 Mliller, Dorians, iii. 10. § 12.) 
 
 The coti/la, used for measuring oil, which is 
 mentioned by Galen [Cotyla], is also called by 
 him Kirpa. Here the word is only a Greek fonn 
 o{ libra. [See Libra, sMi_^'«.] S.] 
 
 LI'TUUS. Miiller (Die Etrusker, iv. 1. 5) 
 supposes this to be an Etruscan word signifying 
 crooked. In the Latin writers it is used to denote 
 
 1. The crooked staff bonie by the augurs, with 
 which they divided the expanse of heaven when 
 viewed with reference to divination (templum) 
 into regions (ree/iones) ; the number of these, ac- 
 cording to the Etruscan discipline, being sixteen, 
 according to the Roman practice, four. (Miiller, iii. 6. 
 I ; Cic. Be Div. ii. 18.) Cicero {DeDiv. i. 7) de- 
 scribes the lituus as " incurvum et leviter a summo 
 inflexum bacillum;" and Livy (i. 18) as "baculum 
 sine nodo aduncum." It is very frequently ex- 
 hibited upon works of art. The figure in the 
 middle of the following illustrations is from a most 
 ancient specimen of Etruscan sculpture in the pos- 
 session of Inghirami {Monumenti Etruschi, torn, 
 vi. tav. P. 5. 1 ), representing an augur ; the two 
 others are Roman denarii. 
 
 2. A sort of trumpet slightly curved at the ex- 
 tremity. (Festus, s. ?>.; Gell. v. 8.) It differed both 
 from the tubaax\d. the conm (Hor. Carm. ii. i. 17 ; 
 Lucan, i. 237), the former being straight while the 
 latter was bent round into a spiral shape. Lydus {De 
 jV/pns.iv. ,50) calls the lituus the sacerdotal trumpet 
 
 (iepariKTii' aoAirtyya'), and says that it was em- 
 ployed by Romulus when he proclaimed the title 
 of his city. Aero {Ad Horat. Carm. i. i. 23) as- 
 serts that it was peculiar to cavalry, while the 
 tuba belonged to infantry. Its tones are usually 
 characterised as harsh and shrill (stridor lituutn, 
 Lucan, i. 237 ; souitus aculos, Ennius, aptid Fest, 
 s. V. ; Stat. T/mb. vi. 228, &c.). See Muller, Die 
 Etrusker, iv. 1. 5. The following representation 
 is from Fabretti. [W. R.] 
 
 LIXAE. [CalonesJ 
 
 LOCA'TI ET CONDUCTI ACTIO. [Lo- 
 catio.] 
 
 LOCA'TIO, CONDU'CTIO. This contract 
 exists when a certain sum of money {certa merces) 
 is agreed to be given by one person in considera- 
 tion of certain work and labour to be done by an- 
 other, or in consideration of such other person 
 allowing the use and enjoyment of a thing which 
 is to be returned. The parties to such a contract 
 were respectively the Lociitor and Conductor. The 
 rules as to Locatio and Conductio were similar to 
 those which concerned buying and selling (emtio 
 et venditio). This being the definition, a question 
 often arose whether the contract was one of Loca- 
 tio and Conductio ; as in the case where a thing 
 was given to a man to be used, and he gave the 
 lender another thing to be used. Sometimes it 
 was doubted whether the contract was Locatio and 
 Conductio or Emtio and Venditio ; as in the case 
 where a thing was let (locata) forever, as was done 
 with lands belonging to municipia, which were let 
 on the condition tliat so long as the rent (vedigal) 
 was paid, neither the conductor nor his heres could 
 be turned out of the land : but the better opinion was 
 in favour of this being a contract of Locatio and 
 Conductio. [Emphyteusis.] Other questions of a ' 
 like kind are proposed by Gains (iii. 142 — 147). 
 
 The Locator had his action for the Merces and 
 the restitution of the thing, and generally in re- 
 spect of all matters that formed a part of the con- 
 tract (lex locationis). The Conductor also had his 
 action for the enjoyment of the thing ; and if the 
 matter was something to be done (operae) there 
 was an actio ex conducto, and generally there was 
 an action in respect of all things that formed part 
 of the conductio (fcr comluctionis). (Dig. 19. tit. 
 2.) [G. L.] 
 
 AO'XOS. [Army (Greek), p. 88, 89. 91.] 
 
 LO'CULUS. [FuNus, p. 440.] 
 
 LODIX, dim. LODI'CULA ((rdyLOv), a small 
 shaggy blanket. (Juv. vii. 66.) Sometimes two 
 lodices sewed together were used as the coverlet of 
 a bed. (Mart. xiv. 148.) The Emperor Augustus 
 occasionally wrapt himself in a blanket of this de- 
 scription on account of its warmth. (Sueton. Aug. 
 83.) It was also used as a carpet (ancilla lodicur 
 lam in pavimento diligenter eseteyidit, Petron. Satyr. 
 20). The Romans obtained these blankets from 
 Verona. (Mart. xiv. 152.) Their lodix was nearly, 
 if not altogether, the same as the sagulum worn by 
 the Germans. (Tac. Germ. 6.) [Sagum.] [J. Y.] 
 
LORARII. 
 
 LORICA. 
 
 575 
 
 AOnSTAI'. ['ETer'NH.] 
 AOrorPA'*OI is a name applied by the Greeks 
 to two distinct classes of persons. 
 
 1. To the earlier Greek historians previous to 
 Herodotus, though Thucydidcs (i. 21) applies the 
 name logographer to all historians previous to him- 
 self, and thus includes Herodotus among the num- 
 ber. The lonians were the first of the Greeks 
 who cultivated history ; and the first logographer, 
 who lived about Olymp. (iO, was Cadmus, a native 
 of Miletus, who wrote a history of the foundation 
 of his native city. The characteristic feature of all 
 the logographers previous to Herodotus is, that 
 thej' seem to have aimed more at amusing their 
 hearers or readers than at imparting accurate 
 historical knowledge. They described in prose the 
 mythological subjects and traditions which had 
 previously been treated of by the epic and especi- 
 ally by the cjxlic poets. The omissions in the nar- 
 ratives of their predecessors were probably filled up 
 by traditions derived from other quarters, in order 
 to produce, at least in form, a connected history. 
 (Thirlwall, Hist, of Greece, ii. p. 127, &c.; MUUer, 
 Hist, of Greek Lit. i. p. 206, <SlC. ; Wachsrauth, 
 Hdlen. Alterth. ii. 2. p. 443, &c.) 
 
 2. To persons who wrote judicial speeches or 
 pleadings and sold them to those who were in 
 want of them. These persons were called \o- 
 yoTotoi as well as Xoyoypdcpoi. Antiphon, the 
 orator, was the first who practised this art at 
 Athens, towards the close of the Peloponnesian 
 war. (Pint. Vit. Dec. Orat. p. 832. ed. Fninkf ; 
 Aristot. Rliet. i. 33.) After this time the custom 
 of making and selling speeches became very general, 
 and though the persons who practised it were not 
 very highly thought of and placed on a par with 
 the sophists (Demosth. De FaLs. Lerj. p. 417. 420; 
 Plat. Plimdr. p. 2.57 c ; Anaxim. Rket. xxxvi. 22 
 and 24 ; compare Plat. Euthydem. p. 272 a ; 289 
 u ; 305 a), j'et we find that orators of great merit 
 did not scruple to write speeches of various kinds 
 for other persons. Thus Lysias wrote for others 
 numerous \6yovs eis SiKacrTTfpid. re Ka\ 0ov\as Koi 
 Trpis (KicK7]a'ias c-u06Tour, and besides wav-qyupi- 
 Kovs, ipuTtKOvs, and iinaToKtKovs. (Dionys. Hal. 
 Lii?. p. 82. ed. Sylbm-g ; compare Meier and 
 Schbm. Ait. Proc. p. 707.) [L. S.] 
 
 AOIAOPI'A2 AI'KH. [KAKHFOPI'AJS AI'KH.] 
 AO'rXH. [Hasta, p. 407.] 
 An'nH, An"n02, dim. An'niON, the ancient 
 Greek name of the Amictus, whether consisting 
 of the hide of an animal or of cloth. Having fallen 
 into disuse as a colloquial or prosaic term (Phryn. 
 Eel. p. 461. ed. Lobeck), it was retained, though 
 employed very sparingly, by the poets. (Hom.OA 
 xiii. 224 ; ApoU. Rhod. ii. 32 ; Schol. in loc; 
 Anacreon, Fnuj. 79 ; Theocrit. xiv. 66 ; Brunck, 
 Anal. i. 230 ; ii. 185.) We also find it retained 
 in AoiTToSuTTjs, literally, one who puis on the amirtiis, 
 a term properly applicable to those persons who 
 frequented the thermae in order to steal the clothes 
 of the bathers (Schol. in Horn. I. c.) [Baths, p. 
 138], but used in a more general sense to denote 
 thieves and highwaymen of all classes. From the 
 same root was formed the verb eKXunr'i^fiv, mean- 
 ing, to take off the amictus, to denude. (Soph. 
 M Trachin. 925.) [J Y ] 
 
 A0'*02. [Galea.] 
 LORA'RII. [Flagrum.] 
 LORI'CA (aojpal), a cuirass. 
 The epithet KivoSdp-n^, applied to two light- 
 
 armed warriors in the Iliad ( ii. 529. 830 ; Schol. 
 
 ad loc), and opposed to x^^KOX'Taii', the common 
 epithet of the Grecian soldiers, indicates the early 
 use of the linen cuirass. It continued to be worn 
 to much later times among the Asiatics, especially 
 the Persians (Xen. Cyrop. vi. 4. § 2 ; Plut. Alex. 
 p. 1254. ed. Steph.), the Egyptians (Herod, ii. 
 182 ; iii. 47), the Phoenicians (Paus. vi. 19. S 4), 
 and the Chalybes. (Xen. Aiialj. iv. 7. § 15.) 
 Iphicrates endeavoured to restore the use of it 
 among the Greeks (Nepos, Iphic. i. 4), and it was 
 occasionally adopted by the Romans, though con- 
 sidered a much less effectual defence than a cuirass 
 of metal. (Sueton. Galba, 19 ; Arrian, Tact. p. 14. 
 ed. Blancardi.) 
 
 A much stronger material for cuirasses was horn, 
 which was applied to this use more especially by 
 the Sarmatae and Quadi, being cut into small 
 pieces, which were planed and polished and 
 fastened like feathers upon linen shirts. (Amm, 
 Marcell. xvii. 12. ed. Wagner.) Hoofs were em- 
 ployed for the same purpose. Pausanias (i. 21. 
 § 8) having made mention of a thorax preserved 
 in the temple of Aesculapius at Athens, gives the 
 following account of the Sannatians : — Having 
 vast herds of horses, which they sometimes kill 
 for food or for sacrifice, they collect their hoofs, 
 cleanse and divide them, and shape them like the 
 scales of a serpent {(poKifftv) ; they then bore them 
 and sew them together, so that the scales overlap 
 one another, and in general appearance they re- 
 semble the surface of a green fir-cone. This author 
 adds, that the loricae made of these horny scales 
 are much more strong and impenetrable than 
 linen cuirasses, which are useful to hunters, but 
 not adapted for fighting. The annexed woodcut, 
 taken from Meyrick's Critical Inquiry into Ancient 
 Armour (plate iii.), exhibits an Asiatic cuirass ex- 
 actly corresponding to this description. It consists 
 of slices of some animal's hoof, which are stitched 
 together, overlapping each other in perpendicular 
 rows, without being fastened to any under gar- 
 ment. The projection nearest the middle must be 
 supposed to have been worn over the breast, and 
 tlie other over the back, so as to leave two vacant 
 spaces for the arms. 
 
 This invention no doubt preceded the metallic 
 scale armour. The Rhoxalani, a tribe allied to 
 the Sannatians, defended themselves by wearing a 
 dress consisting of thin plates of iron and hard 
 leather. (Tacit. Hist. i. 79.) The Persians wore a 
 tunic of the same description, the scales being 
 sometimes of gold (Herod, vii. 61 ; Boip-qKa XP"- 
 
576 
 
 LORICA. 
 
 LORICA. 
 
 aeov AtTriSdjToc, ix. 22) ; but they were commonly 
 of hvnnze (thoraca induius a'ivvs squamis, Virg. Aen. 
 xi. 487). The method of hooking them together, so 
 as to be imbricated, and to fit closely to the body, 
 at the same time not hindering its free motion, is 
 described by HeUodorus (ix. p. 431, 432. ed. 
 Comm.), who says that the Persians covered their 
 horses also with this kind of annour. The basis 
 of the cuirass was sometimes a skin, or a piece of 
 strong linen, to which the metallic scales, or 
 " feathers," as they are also called, were sewed. 
 (Virg. Aen. xi. 770; Serv. in loc; Justin, xli. 
 2. 10.) The warriors of Parthia, Dacia, and other 
 countries, armed in this species of mail, are com- 
 pared to moving statues of resplendent steel 
 (Heliodor. I.e. ; Claudian, in Rtifin. ii. 358—363); 
 and that this description was not the mere extra- 
 vagance of poetry is manifest from the representa- 
 tion of men so attired on the column of Trajan. 
 
 The epithet XeniSuTos, as applied to a thorax, 
 is opposed to the epithet (poXiluTos. (Arrian, 
 Tact. p. 13, 14.) The former denotes a similitude 
 to the scales of fish (AeTri'ffii/), the latter to the 
 scales of serpents {(poXiatv). The resemblance to 
 the scales of serpents, which are long and narrow, 
 is exhibited on the shoulders of the Roman soldier 
 in the woodcut at page 85. These scales were 
 imitated by long flexible bands of steel, made to 
 fold over one another according to the contraction 
 of the body. They appear very frequently on the 
 Roman monuments of the times of the emperors, 
 and the woodcut at the beginning of the next 
 column places in immediate contrast a Siwpa^ Actti- 
 SccTos on the right and (poAiSuiTos on the left, both 
 taken from Bartoli's Arciis Triumphales. 
 
 The Roman hastati wore cuirasses of chain-mail, 
 i. e. hauberks or habergeons (dAu(riScoToi)y dupa- 
 Kas, Polyb. vi. 21 ; A then. v. 22 ; Arrian, c). 
 Virgil several times mentions hauberks in which 
 the rings, linked or hooked into one another, were 
 o{ gold (loricam consertam hands, auroquc triticcm. 
 
 Virg. Aen. iii. 467 ; v. 259 ; vii. 639). According 
 to Val. Flaccus (Argun, vi. 232), the Sarmatae 
 covered both themselves and their horses with 
 chain-mail. 
 
 In contradistinction to the flexible cuirasses, or 
 coats of mail, which have now been described, that 
 commonly worn by tlie Greeks and Romans, more 
 especially in the earlier ages, was called dcopa^ 
 (TTaStos, or <TTaT6s, because, when placed upon the 
 ground on its lower edge, it stood erect. In con- 
 sequence of its firmness it was even used as a seat 
 to rest upon. (Pans. x. 27. § 2.) It consisted 
 principally of the two yvaAa, viz. the breast-plate 
 (pectorale) made of hard leather or of bronze, iron, 
 or sometimes the more precious metals, which 
 covered the breast and abdomen. (Hom. II. v. 99 ; 
 xiii. 507. 587 ; xvii. 314) ; and of the correspond- 
 ing plate which covered the back. (Paus. x. 26. 2; 
 Hom. //. XV. 530.) Both of these pieces were 
 adapted to the form of the body, as may be per- 
 ceived in the representation of them in the wood- 
 cuts at pages 85. 123. 397. The two figures 
 here introduced are designed to show the usual 
 
LORICA. 
 
 AOTTPO'N. 
 
 577 
 
 difference of form and appearance between the 
 antique Greek thorax and that worn by the Ro- 
 man emperors and generals. The right-hand figure 
 is from one of Mr. Hope's fictile vases (^Costumes 
 0/ tlie Ancients, i. 102), and bears a very strong 
 resemblance to a Greek warrior painted on one of 
 Sir W. Hamilton's (i. 4). The figure on the left 
 hand is taken from a marble statue of Caligula 
 found at Gabii. (Visconti, Mon. Gab. No. 38.) 
 The gorgon's head over the breast, and the two 
 griffins underneath it, illustrate the style of orna- 
 ment which was common in the same circumstan- 
 ces. (Mart. vir. i. 1—4.) [Aegis, p. 18.] The 
 e.xecution of these ornaments in relief was more 
 , especially the work of the Corinthians. (Cic. Vcrr. 
 I Ad. u. iv. 44.) 
 
 The two plates were united on the right side of 
 the body by two hinges [C.^rdo, p. 1.09], as seen 
 in the equestrian statue of the younger Balbus at 
 Naples, and in various portions of bronze cuirasses 
 still in existence. On the other side, and some- 
 times on both sides, they were fastened by means 
 of buckles (ireporai, Paus. ^. c). [Fibula.] In 
 the temple of Diana at Ephesus was a picture re- 
 presenting women emploj'cd in assisting Patroclus 
 to arm himself by buckling his cuirass. (Pans. I.e.) 
 In Roman statues we often observe a band sur- 
 rounding the waist and tied before. The breast- 
 plate and the back-plate were further connected 
 together by leathern straps passing over the shoul- 
 ders, and fastened in front by means of buttons 
 or of ribands tied in a bow. In the last woodcut 
 both of the connecting ribands in the right-hand 
 figure are tied to a ring over the navel. The 
 breast-plate of Caligula has a ring over each breast, 
 designed to fulfil the same purpose. 
 
 Bands of metal often supplied the place of the 
 leathern straps, or else covered them so as to be- 
 come very ornamental, being terminated by a lion's 
 head or some other suitable figure appearing on 
 each side of the breast, as in the preceding figure 
 of Caligula. The most beautiful specimens of en- 
 riched bronze shoulder-bands now in existence are 
 those which were found A. D. 1820, near the river 
 Sins in S. Ital}% and which are preserved in the 
 British Museum. They were originally gilt, and re- 
 present in very salient relief two Grecian heroes com- 
 bating two Amazons. They are seven inches in 
 length,andbelongto the description of bronzes called 
 6p7a o-^jupijXaTo, having been beaten into forni with 
 wonderful skiU by the hammer. The Chevalier 
 Briindsted (Bronzes of Siris, London 1836) has 
 illustrated the purpose which they served, by 
 showing them in connection with a portion of an- 
 other lorica, which lay upon the shoulders behind 
 the neck. This fragment was found in Greece. 
 Its hinges are sufficiently preserved to show most 
 distinctly the manner in which the shoulder-bands 
 were fastened to them (see woodcut). 
 
 " Around the lower edge of the cuirass," ob- 
 serves Brdndsted, " were attached straps, four or 
 five inches long, of leather, or perhaps of felt, and 
 covered with small plates of metal. These straps 
 served in part for ornament, and partly also to pro- 
 tect the lower region of the body in concert with 
 the belt (ftevr;) and the band (/xiVpa). They are 
 well shown in both the figures of the preceding 
 woodcut. (See also the woodcuts at pages 77. 245. 
 397.) 
 
 Instead of the straps here described, which the 
 Greeks called irrepiryes (Xen. de Re Equest. xii. 
 
 4), the Chalybes, who were encountered by Xeno- 
 phon on his retreat (A nab. iv. 7. § 15), had in the 
 same situation a kind of cordage. Appendages of 
 a similar kind were sometimes fastened by hinges 
 to the lorica at the right shoulder, for the purpose 
 of protecting the part of the body which was ex- 
 posed by lifting up the arm in throwing the spear 
 or using the sword. (Xen. de Re Equest. xii. 6.) 
 
 Of Grecian cuirasses the Attic were accounted 
 the best and most beautiful. (Aelian, V.H.'m.2i.) 
 The cuirass was worn universally by the heavy- 
 armed infantry and by the horsemen [Army, p. 
 98], except that Alexander the Great gave to the 
 less brave of his soldiers breast-plates only, in 
 order that the defenceless state of their backs 
 might decrease their propensity to flight. (P ilyaen. 
 iv. 3. 13.) These were called half-cuirasses (Tjfii- 
 0wp6.Kia). The thorax was sometimes found to be 
 very oppressive and cumbersome. (Tac. Ann. i. 
 64.) [J. Y.] 
 
 AOTTPO'N, AOETPO'N, a bath. The use of 
 the bath in the Homeric ages is explained on pages 
 133, 134 ; it remains to speak of the Greek baths in 
 the republican period. At Athens the frequent use 
 of the public baths was regarded in the time of 
 Socrates and Demosthenes as a mark of luxury 
 and effeminacy. (Demosth. c. Polycl. p. 1217.) 
 Accordingly Phocion was said to have never bath- 
 ed in a public bath (iv fiaKavfiifi Zi)ixoinfvovTi, 
 Pint. Plwc. 4), and Socrates to have made use of 
 it very seldom. (Plato, Sj/inp. p. 174.) It was, 
 however, only the warm baths (fia\ave7a, called 
 by Homer Bfpfiai \ovTpd) to which objection was 
 made, and which in ancient times were not allowed 
 to be built within the city. (Athen. i. p. 18. b.) 
 The estimation in which such baths were held, is 
 expressed in the following lines of Hermippus (ap. 
 Athen. I. c.) : — 
 
 Md Toc A", ou fiivToi ixeBveiv rdv avSpa xpjf 
 
 rdv dyaBov, ovSf dtpfJ-oXoxntiv, a av iroieij. 
 In the Clouds of Aristophanes the S^koios 
 wanis the young man to abstain from the baths 
 (^a\ave'uA>v direxfi^Bai, 1. 978), which passage, com- 
 pared with 1. 1028 — 1037, shows that warm baths 
 are intended by the word fia\av€ia. 
 
 The baths (|8o\a>'6ia) were either public (5ij- 
 fjAcria, SriiJ.o<ri€vovTa) or private (iSia, i'Siwtiko). 
 The former were the property of the state, but the 
 latter were built by private individuals, and were 
 opened to the public on the payment of a fee 
 (en'iKovTpov). Such private baths are mentioned 
 by Plutarch (Demetr. 24) and Isaeus (De I>icw3oy. 
 her. p. 101), who speaks of one which was sold for 
 3000 drachmae. (De Philoct. her. p. 140.) Baths 
 of this kind may also have been intended some- 
 
 2 p 
 
578 
 
 AOTTPO'N. 
 
 times for the exclusive use of the persons to whom 
 they belonged. (Xen. /fc/;. Ath. ii. 10.) A small 
 fee appears to have been also paid by each person 
 to the keeper of the public baths (^aAaycus), which 
 in the time of Lucian was two oboli. (Lucian, 
 Lf.ni,h. 2. vol. ii. p. ;V.>0.) 
 
 We know very little of the baths of the Atheni- 
 ans during the republican period ; for the account 
 of Lucian in his Hijipias relates to baths constiiict- 
 ed after the Roman model. On ancient vases, on 
 which persons are represented bathing, we never 
 find any thing corresponding to a modern bath in 
 which persons can stand or sit ; but there is always 
 a round or oval basin (AouTrjp or XouTTfpioi'), rest- 
 ing on a stand {virocTTarov'), by the side of which 
 those who are bathing are represented standing 
 undressed and washing themselves, as is seen in 
 the following woodcut taken from Sir W. Hamil- 
 ton's vases. (Tischbein, i. pi. 58.) The word 
 AHM05IA upon it shows that it belonged to a 
 public bath. 
 
 The next woodcut is also taken from the same 
 work (i. pi. 59), and represents two women bath- 
 ing. The one on the right hand is entirely naked, 
 and holds a looking-glass in her right hand ; the one 
 on the left wears only a short kind of xiTwciof. Eros 
 is represented hovering over the bathing vessel. 
 
 Besides the AouT^jpes and \ovT-/ipia there were 
 also vessels for l)athing, large enough for persons to 
 sit in, which are called dtrd/xivBoi by Homer and 
 TTiieAoi by the later Greeks (Schol. ad Aridupli. 
 Kijuit. 1055 ; Hesych. v. YlvaXos: Pollux, vii. 
 ICU. 1G8), and are described on page 133. In the 
 
 AT'KAIA. 
 
 baths there was also a kind of sudorific or vapour 
 bath called vvpla. or irupiaTrfpioy, which is men- 
 tioned as early as the time of Herodotus (iv. 75). 
 (Compare Pollux, vii. 168; Athen. v. p. "207. f. ; 
 xii. p. 519. e. ; Plut. Ciin. 1.) i he Lacedaemonians 
 also made use of a dry sudoriiic bath. [Baths, 
 p. 134.] 
 
 1 ho persons who bathed probably brought with 
 them strigils, oil, and towels. The strigil, which 
 was called by the Greeks aTKsyyis or Iva-rpa 
 was usually made of iron, but sometimes also 
 of other materials. (Plut. Insi. //<«■. 3"2 ; Aelian, 
 xii. 29.) One of the figm-es in the preceding 
 woodcut is represented with a strigil in his hand ; 
 several strigils are figured in page 141. The 
 Greeks also used dift'erent materials for cleansing 
 or washing themselves in the bath, to which the 
 general name of piixfia was given, and which were 
 supplied by the fiaXavivs. ( Aristoph. Lysistr. 377.) 
 This pv^ixa usually consisted of a lye made of lime 
 or wood-ashes (Kovia), of nitnmi, and of fuller's 
 earth (77; KipioiXta, Aristoph. Ban. 710 and Schol.; 
 Plat. Bep. iv. p. 430). 
 
 The bath was usually taken shortly before the 
 Sc^vvov orprincipal meal of the day. It was the prac- 
 tice to take first a warm or vapour, and afterwards 
 a cold bath (Plut. de pvimo friii. 10; Paus. ii. 3-1. 
 § 2), though in the time of Homer the cold bath 
 appears to have been taken first and the wann 
 afterwards. The cold water was usually poured 
 on the back or shoulders of the bathers by the 
 ^a\avevs or his assistants, who are called irapaxv- 
 Tat. (Plat. Rep. i. p. 344; Lucian, Demosth. En- 
 coni. 10. vol. iii. p. 503 ; Plut. de Invid. C ; Apophth. 
 Luc. 49.) The vessel, from which the water was 
 poured, was called apvTaiva. (Aristoph. Rjiiit. 
 1087 ; Theophr. Char. 9.) In the first of the pre- 
 ceding woodcuts a irapox"Tr)s is represented with 
 an apvTaiva in his hands. 
 
 Among the Greeks a person was always bathed 
 at birth, marriage, and after death [FuNUS, p. 
 435] ; whence it is said of the Dardanians, an 
 Illyrian people, that they bathe only thrice in their 
 lives, at birth, nuirriage, and after death. (Nicol. 
 Damasc. ap. Stub. v. 51. p. 152. Gaisf.) The 
 water in which the bride was bathed {\ovTpdv 
 vvfi<ptK6v, Aristoph. Li/aistr. 378) at Athens, was 
 taken from the fountain of Kallirrhoe, which was 
 called from the time of Peisistratus 'EvveaKpovvos. 
 (Thucyd. ii. 15.) Compare Pollux, iii. 43 ; Har- 
 pocrat. s. V. AovTpo<p6pos, who says that tlie water 
 was fetched by a boy, who was the nearest rela- 
 tion, and that this boy was called Xovrpocpopos. 
 He also states that water was fetched in the same 
 way to bathe the bodies of those who had died un- 
 married, and that on the monuments of such, a boy 
 was represented holding a water-vessel (05pia). 
 Pollux (/. c), however, states that it was a female 
 who fetched the water on such occasions, and De- 
 mosthenes (f. Leocliar. p. 1089. 23 ; compare p. 
 108G. 14, &c.) speaks of rj \ovTpo(p6pos on the 
 monument of a person who had died unmarried. 
 In remains of ancient art we find girls represented 
 as \ovTgo<p6poi, but never boys. ( Bronsted, Brief 
 Description of thirttf-hvo ancicni Greek fascs, pi. 27 ) 
 
 (Becker, 'Charikles, ii. p. 135 — 146; p. 459 — 
 462.) 
 
 A0TTP0*0'P02. [AOTTPO'N.] 
 
 LUCAR. [HisTRio, p. 485.] 
 AT'KAIA, a festival witli contests, celebrated by 
 tile Arcadians in honour of Zeus sumamed Avkoios. 
 
LUCERNA. 
 
 LUDI. 
 
 579 
 
 It was said to have been instituted by the ancient 
 hero Lycaon, the son of Pelasgus. ( Pans. viii. 2. 
 § 1.) He is also said, instead of tlie cakes which 
 had formerly been oft'ered to the god, to have 
 sacrificed a child to Zeus, and to have sprinkled 
 the altar with its blood. It is not improbable that 
 human sacrifices were offered in Arcadia to Zeus 
 Lycaeus down to a very late period in Grecian 
 historj'. (Porphyr. De Ahstin. ii. 27. ) No further 
 particulars respecting the celebration of the Lycaea 
 are known, with the exception of the stiitement of 
 Plutarch (Ckcs. (il), that the celebration of the 
 Lycaea in some degree resembled that of the Ro- 
 man Lupercalia. [L. S.] 
 
 LUCERES. [Tribus.] 
 
 LUCERNA (\vxvos) an oil lamp. The Greeks 
 and Romans originally used candles ; but in later 
 times candles were chiefly confined to the houses 
 of the lower classes. [Candela.] A great 
 number of ancient lamps has come down to us; 
 the greater part of which are made of terra cotta 
 (rpoxifA-aTOi, Aristoph. Ecd. 1 ), but also a con- 
 siderable number of bronze. Most of the lamps 
 are of an oval form, and flat upon the top, on which 
 there are frequently figures in relief. (See the 
 woodcuts, p. 104. 32(;. 386.) In the lamps there 
 are one or more round holes according to the num- 
 ber of wicks {elhjchnia) burnt in it ; and as these 
 lioles were called from an obvious analogy, /uw- 
 KTTjpes or /"w^ai, literally nostrils or nozzles, the 
 lamp was also called Monoim/ios, Dintt/aus, Tri- 
 my.ios, or Po/yHiJp'os, according as it contained one, 
 two, three, or a greater number of nozzles or holes 
 for the wicks. [Ellychnium.] The following 
 example of a dimyxos lucerna, upon which there is 
 a winged boy with a goose, is taken from the 
 Mteseo Borboiiico, iv. 14. 
 
 The next woodcut, taken from the same work 
 (i. 10), represents one of the most beautiful bronze 
 lamps which has yet been found. Upon it is the 
 figure of a standing Silenus. 
 
 The lamps sometimes 
 hung in chains from the 
 ceiling of the room (Virg. 
 Acn. i. 72b' ; Petron. 30), 
 but generall_y stood upon a 
 stand. [Candelabrum.] 
 Sometimes a figure holds 
 the lamp, as in the an- 
 nexed woodcut (^Museo 
 Borbun. vii. 15), which 
 also exhibits the needle or 
 instrument spoken of under 
 Ellychnium, which serv- 
 ed to trim the wick, and 
 is attached to the figure 
 by means of a chain. 
 
 We read of lucernae cu- 
 liiculares, halncares, tricli- 
 tiiarcs, sepulera/es, &c. ; but 
 these names were only 
 given to the lamps on ac- 
 count of the piu'poses to 
 which they were applied, 
 and not on account of a dift'erence in shape. The 
 lucernae cubicnlures burnt in bed-chambers all 
 night. (Mart. xiv. 39 ; x. 38.) 
 
 Perfiuned oil was sometimes burnt in the lamps. 
 (Petron. 70 ; Mart. x. 38. 9.) 
 
 (Passeri, Lucernae fidiles ; Biittiger Die Silenus- 
 lampen, Amalth. iii. p. 168, &c. ; Becker, C/iarikles, 
 ii. p. 215, &c. ; Gallus, ii. p. 201, &.c.) 
 
 LUDI is the common name for the whole 
 variety of games and contests which were held 
 at Rome on various occasions, but chiefly at the 
 festivals of the gods ; and as the ludi at certain 
 festivals formed the principal part of the solemni- 
 ties, these festivals themselves are called ludi. 
 Sometimes, however, ludi were also held in honour 
 of a magistrate or of a deceased person, and in this 
 case the games may be considered as ludi privati, 
 though all the people might take part in them. 
 
 All ludi were divided by the Romans into two 
 classes, viz. ludi ei7-ceni:es and ludi scenici (Cic. De 
 Letiri. ii. 15), accordingly as they were held in the 
 circus or in the theatre ; in the latter case they 
 were mostly theatrical representations with their 
 various modifications ; in the former they consisted 
 of all or of a part of the games enumerated in the 
 articles Circus and Gladiatores. Another divi- 
 sion of the ludi into static imperatiri, and vo/ii'i, is 
 analogous to the division of the feriae. [Feriae, 
 p. 414.] 
 
 The superintendence of the games and the so- 
 lemnities connected with them was in most cases 
 intnisted to the aediles. [Aediles.] If the law- 
 ful rites were not observed in the celebration of the 
 ludi, it depended upon the decision of the pontiffs 
 whether they were to be held again (instaurari) or 
 not. An alphabetical list of the principal ludi is 
 subjoined. [L. S.] 
 
 LUDI APOLLINA'RES were instituted at 
 Rome during the second Punic war, after the battle 
 of Cannae (212 b. c), at the command of an oracle 
 contained in the books of the ancient seer Marcius 
 {carmina Marciana, Liv. xxv. 12 ; Macrob. Sut. 
 i. 17). It was stated by some of the ancient 
 annalists that these ludi were instituted for the 
 purpose of obtaining from Apollo the protection of 
 human life during the hottest season of simimer ; 
 but Livy and Macrobius adopt the account founded 
 upon the most authentic document, the cannina 
 
 2 p 2 
 
580 
 
 LUDI. 
 
 LUDI. 
 
 Marciana themselves, that the Apollinariaii games I 
 were instituted partly to obtain the aid of Apollo 
 in expelling the Carthaginians from Italy, and 
 partly to preserve, through the favour of the god, 
 the republic from all dangers. The oracle suggested 
 that the games should be held every year under 
 the superintendence of the praetor urbanus, and 
 that ten men should perform the sacrifices ac- 
 cording to Greek rites. The senate complying 
 with the advice of the oracle made two senatus- 
 consulta ; one that, at the end of the games, the 
 praetor should receive 1 2,000 asses to be expended 
 on the solemnities and sacrifices, and another that 
 the ten men should sacrifice to Apollo, according to 
 Greek rites, a bull with gilt horns and two white 
 goats also with gilt horns, and to Latona a heifer 
 with gilt horns. The games themselves were held 
 in the Circus Maxinius, the spectators were adorn- 
 ed \vith chaplets, and each citizen gave a contribu- 
 tion towards defrajdng the expenses. (Festus, s. i\ 
 ApoUinares.) The Roman matrons performed sup- 
 plications, the people took their meals in the 
 propatuliun with open doors, and the whole day — 
 for the festival lasted only one day — was filled up 
 with ceremonies and various other rites. At this 
 first celebration of the ludi Apollinares no decree 
 was made respecting the annual repetition sug- 
 gested by the oracle, so that in the first year they 
 were simply ludi votivi or indictivi. The year 
 after (211 b. c.) the senate, on the proposal of the 
 praetor Calpurnius, decreed that they should be re- 
 peated, and that in future they should be vowed 
 afresh every year. (Liv. xxvi. 23.) The day on 
 which they were held varied every year according 
 to circumstances. A few years after, however (208 
 B.C.), when Rome and its vicinity were visited by 
 a plague, the praetor urbanus, P. Licinius Vanis, 
 brought a bill before the people to ordain that the 
 ApoUinarian games should in future always be vovv- 
 ed and held on a certain day (dies status), viz. on the 
 sixth of July, which day henceforward remained a 
 dies solennis. (Liv. xxvii. 23.) The games thus be- 
 came votivi et stativi, and continued to be con- 
 ducted by the praetor urbanus. (Cic. Phil. ii. 13.) 
 But during the empire the day of these solemnities 
 appears again to have been changed, for Julius 
 Capitolinus {Ulcuim. et Balbin. c. 1) assigns them 
 to the 26th of May. [L. S.] 
 
 LUDI AUGUSTA'LES. [Augustales.] 
 LUDI CAPITOLI'NI were said to have been 
 instituted by the senate, on the proposal of the 
 dictator M. Furius Camillus, in the year 387 b. c, 
 after the departure of tlie Gauls from Rome, as a 
 token of gratitude towards Jupiter Capitolinus, 
 who had saved the capitol in the hour of danger. 
 The decree of the senate at the same time intrust- 
 ed the superintendence and management of the 
 capitoline games to a college of priests to be chosen 
 by the dictator from among those who resided on 
 the capitol and in the cit;idel {in arce), which can 
 only mean that they were to be patricians. (Liv. 
 V. 50. 52.) These priests were called Capitolini. 
 (Cic. a(i Quint. Fmt. ii. 5.) One of the amuse- 
 ments at the capitoline games, which was observed 
 as late as the time of Plutiirch, was that a herald 
 offered the Sardiani for public sale, and that some 
 old man was led about, who, in order to produce 
 laughter, wore a toga praetexta, and a bulla puerilis 
 which hung down from his neck. (Plut. Quaest. 
 Itom. p. 277 ; Fest. n. Sardi venales, &c.) Ac- 
 cording to some of the ar '""nts this ceremony was 
 
 intended to ridicule the Veieiitines, who were sub- 
 dued, after long wars with Rome, and numbers of 
 them sold as slaves, while their king, represented 
 by the old man with the bidla (such was said to 
 have been the costume of the Etruscan kings), was 
 led through the city as an object of ridicule. 
 
 The Veientines were designated by the name 
 Sardiani or Sardi, because they were believed to 
 have come from Lydia, the capital of which was 
 Sardes. This specimen of ancient etymology, how- 
 ever, is set at nought by another interpretation of 
 the ceremony given by Sinnius Capito. Accord- 
 ing to this author, the name Sardiani or Sardi had 
 nothing to do wth the Veientines, but referred to 
 tlie inhabitants of Sardinia. When their island 
 was subdued by the Romans in b. c. 238, no spoils 
 were found, but a great number of Sardinians were 
 brought to Rome and sold as slaves, and these 
 proved to be slaves of the worst kind. ( Fest. I. c. ; 
 Aureh Vict. De Vir. Illustr. e.hl .) Hence arose 
 the proverb, Sardi venules ; alius alio neqtdor (Cic. 
 ad Fam. vii. 24), and hence also the ceremony at 
 the Capitoline games. When or at what intervals 
 these ludi were celebrated is not mentioned. Dur- 
 ing the time of the empire they seem to have 
 fallen into oblivion, but they were restored by 
 Domitian, and were henceforth celebrated every 
 fifth year under the name of agones Capitolini. 
 (See Jos. Sraliger, Ausm. Lecl. i. 10.) [L. S.] 
 ■ LUDI CIRCE'NSES,ROMA'NIorMAGNI, 
 were celebrated every year during several days, 
 from the foiu'th to the twelfth of September, in 
 honour of the three great divinities, Jupiter, Juno, 
 and Minerva (Cic. c. Verr. v. 14), or according to 
 others, in honour of Jupiter, Census, and Neptunus 
 Equestris. They were superintended by the cunile 
 aediles. For further particulars see Circus, p. 
 232, &c. [L. S.] 
 
 LUDI COMPITALI'CII. [Compitalia.] 
 LUDI FLORA'LES. [Floralia.] 
 LUDI FUNEBRES were games celebrated at 
 the funeral pyre of illustrious persons. Such games 
 are mentioned in the very early legends of the 
 history of Greece and Rome, and they continued 
 with various modifications until the introduction of 
 Christianity. It was at such a Indus funebris that 
 in the year 264 b. c. gladiatorial fights were ex- 
 hibited at Rome for the first time, which hence- 
 forwards remained the most essential part in all 
 ludi funebres. [Gladiatore.s, p. 454.] The 
 duration of these games varied according to cir- 
 cumstances. They lasted sometimes for three and 
 sometimes for four days, though it maybe supposed 
 that in the majority of cases they did not last more 
 than one day. On one occasion 120 gladiators 
 fought in the course of three days, and the whole 
 forum was covered with triclinia and tents, in 
 which the people feasted. (Liv. xxxi. 50 ; xxii. 
 30 ; xxxix. 46 ; Plin. H. N. xxxv. 7.) It was 
 thought disgraceful for women to be present at 
 these games, and Publius Sempronius separated 
 himself from his wife because she had been present 
 without his knowledge at ludi funebres. (Plut. 
 Quaest. Rom. p. 267. B; Valer. Max. vi. 3. § 12; 
 compare Suet. Aug. 44.) These ludi, though on 
 some occasions the whole people took part in them, 
 were not ludi pubUci, properly speaking, as they 
 were given by private individuals in honour of 
 their relations or friends. Compare FuNUS, p. 
 443. [L. S.] 
 
 LUDI HONORA'RII are expressly mention- 
 
LUDI. 
 
 LUDI. 
 
 581 
 
 ed only by Suetonius {Aug. 32), who states that 
 Augustus devoted thirty days, which had been 
 occupied till that time by ludi honorarii, to the 
 transaction of legal business. What is meant by 
 ludi honorarii, is not quite certain. According to 
 Festus (s. V. Honorarios ludos) they were the same as 
 the Liberalia. Scaliger,however,in his note on Sue- 
 tonius, has made it appear very probable that they 
 were the same as those which Tertullian {De Sped. 
 c. 21) says were given for the purpose of gaining 
 honours and popularity, in contradistinction to 
 other ludi which were intended either as an honour 
 to the gods, or as oaia. for the dead. At the time 
 of Augustus this kind of ludi which Tacitus 
 {Agric. 6) seems to designate by the name inania 
 honoris, were so common that no one obtained any 
 public office without lavishing a considerable por- 
 tion of his property on the exhibition of games. 
 Augustus therefore wisely assigned thirty of the 
 days of the year, on which such spectacles had 
 been exhibited previously, to the transaction of 
 business, i. c. he made these 30 days fasti. (Com- 
 pare Eniesti and F. A Wolf, ad Sueton. I. c.) 
 
 [L. S.] 
 
 LUDI LIBERA'LES. [Dionvsia, p. 344.] 
 
 LUDI MARTIALES were celebrated every 
 year on the first of August, in the Circus, and in 
 honour of Mars, because the temple of Mars had 
 been dedicated on this day. (Dion Cass. Ix. .5 ; 
 Sueton. Claud. 4.) The ancient calendaria men- 
 tion also other ludi martiales which were held in 
 the circus on the 12th of May. [L. S.] 
 
 LUDI MEGALE'NSES. [Megalesia.] 
 
 LUDI NATALI'TII are the games with which 
 the birth-day of an emperor was generally cele- 
 brated. They were held in the circus, whence 
 they are sometimes called circenses. (Capitol. 
 Antonin. Pius, 5 ; Spartian. Hadrian, 7.) They 
 consisted generally of fights of gladiators and wild 
 beasts. On one occasion of this kind Hadrian ex- 
 hibited gladiatorial combats for six days, and one 
 thousand wild beasts. [L. S.] 
 
 LUDI PALATI'NI were instituted by Livia 
 in honour of Augustus, and were held on the Pala- 
 tine. (Dion Cass. Ivi. mh fin.) According to Dion 
 Cassius they were celebrated during three days, 
 but according to Josephus(^«fj(/. Jad. xix. 1) they 
 lasted eight days, and commenced on the 27th of 
 December. (See Suet. Calig. 5G. with Scaliger's 
 note.) [L. S.] 
 
 LUDI PISCATO'RII were held every year on 
 the sixth of June, in the plain on the right bank 
 ot the Tiber, and were conducted by the praetor 
 urbanus on behalf of the fishermen of the Tiber, 
 who made the day a holiday. (Ovid, Fast. vi. 235, 
 &c.; Fcst. s. V. Piscat. ludi.'] [L. S.] 
 
 LUDI PLEBE'II were, according to Pseudo- 
 Asconius {ad Verr. i. p. 143. Orelli), the games 
 which had been instituted in commemoration of the 
 freedom of the plebeians after the banishment of 
 the kings, or after the secession of the plebcs to 
 the Aventine. The firstof these accounts is not borne 
 out by the history of the plebeian order, and it is 
 more probable that these games were instituted in 
 commemoration of the reconciliation between the 
 patricians and plebeians after the first secession 
 to the mons sacer, or, according to others, to the 
 Aventine. They were held on the 16th, 17th, 
 and 18tli of November, and were conducted 
 by the plebeian aediles. (Liv. xxviii. 10; xxxix. 
 7. ) It is sufficiently clear from the ancient calen- 
 
 daria that the ludi plebeii were not, as some have 
 supposed, the same as, or a part of, the ludi Ro- 
 mani. [L. S.] 
 
 LUDI PONTIFICA'LES were probably no- 
 thing but a particular kind of the ludi honorarii 
 mentioned above. They were for the first time 
 given by Augustus, when, after the death of Lepi- 
 dus, he obtained the office of pontifex maximus. 
 (Sueton. Au<i. 44.) [L. S.] . 
 
 LUDI QUAESTO'RII were of the same cha- 
 racter as the preceding games. They were insti- 
 tuted by the emperor Claudius (Suet. Claud. 24 ; 
 Tacit. Ann. ii. 22), who decreed that all who ob- 
 tained the office of quaestor should, at their own 
 expense, give gladiatorial exhibitions. Nero did 
 away with this obligation for newly appointed 
 quaestors (Tacit. Ann. xiii. 5), but it was revived 
 by Domitian. (Sueton. Dom.it. c.4.) [L. S.] 
 
 LUDI SAECULA'RES. If we were to judge 
 from their name, these games would have been 
 celebrated once in every century or saeculum ; but 
 we do not find that they were celebrated with this 
 regularity at any period of Roman history, and the 
 name ludi saeculares itself was never used during 
 the time of the republic. In order to understand 
 their real character we must distinguish between the 
 time of the republic and of the empire, since at 
 these two periods these ludi were of an entirely 
 different character. 
 
 During the time of the republic they were called 
 ludi Tarentini, Terentini, or Taurii, while during 
 the empire they bore the name of hidi saeculares. 
 (Fest. s. V. Saecul. ludi and Taurii ludi; Val. Max. 
 ii. 4. § 5.) Their origin is described by Valerius 
 Maximus, who attributes their institution to the 
 miraculous recovery of three children of one Vale- 
 rius, who hadbeen attacked by a plague raging at that 
 time in Rome, and were restored to health by drink- 
 ing some water warmed at a place in the Campus 
 Martins, called Tarentum. Valerius afterwards 
 otFered sacrifices in Tarentum to Dis and Proser- 
 pina, to whom the recovery of his children was 
 supposed to be owing, spread lectistemia for the 
 gods, and held festive games for three successive 
 nights, because his three children had been saved. 
 The account of Valerius Maximus agrees in the 
 main with those of Censorinus {De Die Nat. c. 17) 
 and of Zosiraus (ii. 3),and all appear to have derived 
 their information from the ancient annalist, Vale- 
 rius Antias. While according to this account the 
 Tarentine games were first celebrated by Valerius, 
 another legend seems to consider the fight of the 
 Horatians and Curiatians as connected with their 
 first celebration. A third account (Festus, s. v, 
 Taurii ludii ; Serv. ad Aen. ii. 140) ascribes their 
 first institution to the reign of Tarquinius Superbus. 
 A fearful plague broke out, by which all pregnant 
 women were affected in such a manner that the 
 children died in the womb. Games were then in- 
 stituted to propitiate the infernal divinities, to- 
 gether with sacrifices of sterile cows {iaurecie), 
 whence the games were called ludi Taurii. These 
 games and sacrifices took place in the Circus Fla- 
 minins, that the infernal divinities might not enter 
 the city. Festus (s. v- Saec. ludi) and Censorinus 
 ascribe the first celebration to the consul Valerius 
 Poplicola. This account admits that the worship 
 of Dis and Proserpina had existed long before, but 
 states that the games and sacrifices were now per- 
 formed for the first time to avert a plague, and in 
 I that part of the Camp'fV' Martins which had be- 
 
.58-2 
 
 LUDI. 
 
 LUPERCALIA. 
 
 longed to the last king Tarqiiinius, from whom 
 the place derived its name Tarentum. Valerius 
 Maximus and Zosimus, who knew of the celebra- 
 tion of these games by Valerius Poplicola, en- 
 deavour to reconcile their two accounts by repre- 
 senting the celebration of Poplicola as the second 
 in chronological order. Other less important tradi- 
 tions are mentioned by Servins {ad Aen, ii. 140) 
 and by Varro (ap C'ensoriit.). 
 
 As regards the names Tarenti orTaurii, they are 
 perhaps nothing but different forms of the same 
 word, and of the same root as Tarquinius. All the 
 accounts mentioned above, though diifering as to 
 the time at which and the persons by whom the 
 Tarentine games were first celebrated, yet agree in 
 stating that they were celebrated for the purpose 
 of averting from the state some great calamit}^ by 
 which it had been alHicted, and that they were 
 held in honour of Dis and Proserpina. From 
 the time of the consul Valerius Poplicola down to 
 tliat of Augustus, the Tarentine games were only 
 held three times, and again only on certain emer- 
 gencies, and not at any fixed time, so that 
 we must conclude that their celebration was in 
 no way connected with certain cycles of time 
 (saecula). The deities in whose honour they were 
 held during the republic, continued, as at first, to 
 be Dis and Proserpina. As to the times at which 
 these three celebrations took place, the commentarii 
 of the quindecimvLri and the accounts of the an- 
 nalists did not agree (Censorin. /. c), and the dis- 
 crepancy of the statements still extant shows the 
 vain attempts which were made in later times to 
 prove that during the republic the games had been 
 celebrated once in everj' sacculum. All these mis- 
 representations and distortions arose in the time of 
 Augustus. Not long after he had assumed the 
 supreme power in the republic, the quiiidecimviri 
 announced that according to their books ludi 
 saeculares ought to be held, and at the same time 
 tried to prove from history that in former times 
 they had not only been celebrated repeatedly, but 
 almost regidarly once in every century. The games 
 of which the quindecimviri made this assertion, 
 were the ludi Tarentini. 
 
 The celebrated jurist and antiquary A teius Capito 
 received from the emperor the command to deter- 
 mine the ceremonies, and Horace was requested to 
 compose the festive h}Tnn for the occasion (carmen 
 saeculare)^ which is still extant. (Zosim. ii. 4.) 
 But the festival which was now held, was in 
 reality very different from the ancient Tarentine 
 games ; for Dis and Proseipina, to whom formerly 
 the festival belonged exclusively, were now the last 
 in the list of the divinities in honour of whom the 
 ludi saeculares were celebrated. A description of 
 the various solemnities is given by Zosimus. Some 
 days before they commenced, heralds were sent 
 about to invite the people to a spectacle which no 
 one had ever beheld, and which no one would ever 
 behold again. Hereupon the quindecimviri dis- 
 tributed, upon the Capitol and the Palatine, among 
 the Roman citizens, torches, sulphur, and bitumen, 
 b)' which they were to purify themselves. In the 
 siinie places, and on the Aventine in the temple 
 of Diana, the people received wheat, barle)', and 
 beans, which were to be offered at night-time to 
 the Parcae, or, according to others, were given as 
 pay to the actors in the dramatic representations 
 which were performed during the festive days. 
 The festival took place in summer, and lasted for 
 
 three days and three nights. On the first day the 
 games commenced in the Tarentum, and sacrifices 
 were offered to Jupiter, Juno, Neptune, Minerva, 
 Venus, Apollo, Mercurj', Ceres, Vulcan, Mars, 
 Diana, Vesta, Hercules, Latona, the Parcae, and 
 to Dis and Proserpina. The solemnities began at 
 the second hour of the night, and the emperor 
 opened them by the river side with the sacrifice of 
 three lambs to the Parcae upon three altars erected 
 for the purpose, and which were sprinkled with 
 the blood of the victims. The lambs themselves 
 were burnt. A temporary scene like that of a 
 theatre was erected in the Tarentum, and illumi- 
 nated with lights and fires. 
 
 In this scene festive hymns were sung by a chorus, 
 and various other ceremonies, together with thea- 
 trical peri'omiances, took place. During the morn- 
 ing of the first day the people went to the capitol 
 to offer solemn sacrifices to Jupiter ; thence they 
 returned to the Tarentum, to sing choruses in 
 honour of Apollo and Diana. On the second day 
 the noblest matrons, at an hour fixed by an oracle, 
 assembled on the Capitol, performed supplications, 
 sang hymns to the gods, and also visited the altar 
 of Juno. The emperor and the quindecimviri 
 ottered sacrifices which had been vowed before, to 
 all the great divinities. On the third day Greek 
 and Latin choruses were sung in the sanctuary of 
 Apollo by three times nine boys and maidens of 
 great beauty whose parents were still alive. The 
 object of these hymns was to implore the protection 
 of the gods for all cities, towns, and officers of the 
 empire. One of these hymns was the carmen 
 saeculare by Horace, which was especially com- 
 posed for the occasion and adapted to the circum- 
 stances of the time. During the whole of the 
 three days and nights, games of every description 
 were carried on in all the circuses and theatres, 
 and sacrifices were ottered in all the temples. 
 
 The first celebration of the ludi saeculares in the 
 reign of Augustus took place in the summer of the 
 year 17 b. c. (Tacit. A/in. xi. 11.) The second 
 took place in the reign of Claudius, A. D. 47 (Suet. 
 Claud. "21); the third in the reign of Domitian, 
 A. n. 88 (Suet. Domit. 4. with Eniesti's note); and 
 the last in the reign of Philippus A. D. 248, and, 
 as was generally believed, just 1000 years after 
 the building of the city. (Jul. Capitol. Gord. Tert. 
 c. 33 ; compare Scaliger, Emend. Tempor, p. 
 486 ; Hartung, Die Reliyion der Router, ii. p. 92, 
 &c., and the commentiitors ad Horat. Carm. 
 SiKc.) [L. S.] 
 
 LUDI TARENTl'NI or TAURII. [Ludi 
 Saeculares.] 
 
 LUDUS [Gladiatores, p. 445.] 
 
 LUDUS DUO'DECIM SCRIPTO'RUM. 
 [Latrunculi.] 
 
 LUDUS LATRUNCULO'RUM. [Latrun- 
 culi.] 
 
 LUDUS TROJAE. [Circus, p. 234.] 
 
 LUPATUM. [Fren'um, p. 432.] 
 
 LUPERCA'LIA, one of the most ancient Ro- 
 man festivals, which was celebrated every year in 
 honour of Lupercus, the god of fertility. All the 
 ceremonies with which it was held, and all we 
 know of its historj-, shows that it was originally a 
 shepherd-festival. (Plut. Cara. b'l.) Hence its intro- 
 duction at Rome was connected with the names of 
 Romulus and Remus, the kings of shepherds. 
 Greek writers and their followers among the Ro- 
 mans represent it as a festival of Pan, and ascribe 
 
LUPERCALIA. 
 
 LUSTRATIO. 
 
 o83 
 
 its introduction to the Arcadian Evander. This 
 misrepresentation arose partly from the desire of 
 these writers to identify the Roman divinities with 
 those of Greece, and partly from its rude and 
 almost savage ceremonies which certainly are a 
 proof that the festival must have originated in the 
 remotest antiquity. The festival was held every 
 year, on the 15th of February, in the Lupercal, 
 where Romulus and Remus were said to have been 
 nurtured by the she- wolf ; the place contained an 
 altar and a grove sacred to the god Lupercus. ( Aurel. 
 Vict, dt Oriij. Gent. Rom. 22 ^ Ovid, Fast. ii. 267.) 
 Here the Luperci assembled on the day of the 
 Lupercalia, and sacrificed to the god goats and 
 young dogs, which animals are remarkable for their 
 strong sexual instinct, and thus were appropriate 
 sacrifices to the god of fertility. (Plut. Hum. 21 ; 
 Servius ad Aen. viii. 343.) Two youths of noble 
 birth were then led to the Luperci, and one of the 
 latter touched their foreheads with a sword dipped 
 in the blood of the victims ; other Luperci immedi- 
 ately after wiped off the bloody spots with wool dip- 
 ped in milk. Hereupon the two youths were obliged 
 to break out into a shout of laughter. This cere- 
 mony was probably a s3'mbolical purification of the 
 shepherds. After the sacrifice was over, the 
 Luperci partook of a meal, at which they were 
 plentifuUy supplied with wine. (Valer. Max. ii. 2. 
 9.) They then cut the skins of the goats which 
 they had sacrificed, into pieces ; with some of which 
 they covered parts of their body in imitation of the 
 god Lupercus, who was represented half naked and 
 half covered with goat-skin. The other pieces of 
 the skins they cut in the shape of thongs, and 
 holding them in their hands they ran with them 
 through the streets of the cit}', touching or strik- 
 nig with them all persons whom they met in their 
 way, and especially women, who even used to 
 come forward voluntarily for the purpose, since 
 they believed that this ceremony rendered them 
 fruitful, and procured them an easy delivery in 
 childbearing. This act of running about with 
 thongs of goatskin was a sjnnbolic purification of 
 the land, and that of touching persons a puritt- 
 cation of men, for the words by which this act is 
 designated are februare and lustrarc. (Ovid, Fast. 
 11. 31 ; Fest. s. v. Febraarius.) The goatskin itself 
 was called fcbruum., the festive day dies februata, 
 the month in which it occurred Fcbruarius, and 
 the god himself Februus. 
 
 The act of purifying and fertilizing, which, as we 
 have seen, was applied to women, was without 
 doubt originally applied to the flocks, and to the 
 people of the city on the Palatine. ( Varro, de Liny. 
 Lat. V. p. (iO. Bip.) J^estus (s. v. Crepos) says 
 that the Luperci were also aiUed crepi or crepjii, 
 from their striking with goatskins {a crepiia pelli- 
 cularuni), but it is more probable that the name 
 crepi was derived from crepa, which was the 
 ancient name for goat. (Fest. s. v. Caprae.) 
 
 The festival of the Lupercalia, though it neces- 
 sarily lost its original import at the time when the 
 Romans were no longer a nation of shepherds, was 
 yet always observed in commemoration of the 
 founders of the city. Antonius, in his consulship, 
 was one of the Luperci, and not only ran with 
 them half naked and covered with pieces of goat- 
 skin through the city, but even addressed the peo- i 
 pie in the forum in this rude attire. (Plut. Caes. ( 
 til.) After the time of Caesar, however, the Lu- 
 percalia seem to have been neglected, for Augustus 
 
 I is said to have restored it (Suet. Aug. 31 ), but he 
 :' forbade youths {imherbes) to take part in the ran- 
 ning. The festival was henceforth celebrated re- 
 gularly down to the time of the emperor Anasta- 
 sius. Lupercalia were also celebrated in other 
 towns of Italy and Gaul, for Luperci are mention- 
 ed in inscriptions of Velitrae, Praeneste, Nemausus, 
 and other places. (Orelli, Inscr. n. 2251, &c.) 
 (Compare Luperci ; and Hartung, DicRelig. der 
 Itonier, ii. p. 17b', &c.) [L. S.] 
 
 LUPERCI were the priests of the god Luper- 
 cus. They formed a college {sodalitas, eraipla) the 
 members of which were originally youths of patri- 
 cian families, and which was said to have been in- 
 stituted by Romulus and Remus. (Plut. Rom. 21.) 
 The college was divided into two classes, the one 
 called Fabii or Fabiani, and the other Quinctilii or 
 Quinctiliani. (Fest. s. vv. Quinctiliani Luperci and 
 Fabiani.) These names, which are the same as 
 those with which the followers of Romulus and 
 Remus were designated in the early Roman le- 
 gends, seem to show that the priesthood was origi- 
 nally confined to certain gentes. (Ovid, Fast.n. 378, 
 who, however, confounds thePotitii and Pinarii with 
 the Quinctilii and Fabii.) But if such were the 
 case, this limiUition does not seem to have existed 
 for a very long time, though the two classes re- 
 tained their original names, for Festus says, that 
 in course of time the number of Luperci increased, 
 "Quia honoris gratia multi in Lupercis adscribe- 
 bantur." What was the original number of Lu- 
 perci, and how long their office lasted, is unknown; 
 but it is stated in inscriptions (Orelli, n. 225G and 
 n. 4920) that a person held the office of Lupercus 
 twice, and another three times, and this fact shows 
 at least that the priests were not appointed for 
 life. Julius Caesar added to the two classes of the 
 college a third with the name of Julii or Juliani 
 (Dion Cass. xliv. 6 ; Suet. Caes. 7 fa"), and made 
 Antonius their high-priest. He also assigned to 
 them certain revenues (vectijalia) which were 
 afterwards withdrawn from them. (Cic. Philip, iii. 
 15, with the note of P. Manutius.) But it is un- 
 certain whether Caesar assigned these revenues to t 
 the whole college, or merely to the Julii. From 
 this time the two ancient classes of the Luperci are 
 sometunes distinguished from the new one by the 
 name Luperci veteres. (Orelli, n. 2253.) Although 
 in early times the Luperci were taken only from 
 noble families, their strange and indecent con- 
 duct at the Lupercalia was offensive to the more 
 refined Romans of a later age (Cic. Philip, ii. 34), 
 and Cicero {pro Coel. 11) characterises the college 
 as a " Fera quaedam sodalitas et plane pastoricia 
 atque agrestis, quorum coitio ilia silvestris ante est 
 instituta quam humanitas atque leges." Respect- 
 ing the rites with which they solemnised the Lu- 
 percalia see LuPERCAUA. [L. S.] 
 
 LUPUS FE'RREUS, the iron wolf used by 
 the besieged in repelling the attacks of the be- 
 siegers, and especially in seizing the battering-ram 
 and diverting its blows. [Aries, p. 83.] (Liv. 
 XXX viii. 3 ; Veget. de Re Alii. ii. 25 ; iv. 23.) 
 
 [J. Y.] 
 
 LUSTRA'TIO (/cafla^o-is), was originally a 
 piu-ification by ablution in water. But the lus- 
 trations, of which we possess direct knowledge, are 
 always connected with sacrifices and other religi- 
 ous rites, and consisted in the sprinkling of water 
 by means of a branch of laurel or olive, and at 
 Rome sometimes by means of the aspergillum 
 
584 
 
 LUSTRATIO. 
 
 LUSTRUM. 
 
 [XE PNIT], and in the burning of certain materials, 
 the smoke of which was thought to have a purify- 
 ing effect. Whenever sacrifices were offered, it 
 seems to have been customary to carry them around 
 the person or thing to be purified. Lustrations 
 were made in ancient Greece, and probably at Rome 
 also, by private individuals when they had polluted 
 themselves with any criminal action. Whole cities 
 and states also sometimes underwent purifications 
 to expiate the crime or crimes committed by a 
 member of the community. The most celebrated 
 purification of this kind was that of Athens, per- 
 formed by Epimenides of Crete, after the Cylonian 
 massacre. (Diog. Laert. i. 10. §. 3.) Purification 
 also took place when a sacred spot had been un- 
 hallowed by profane use, as by burying dead bodies 
 in it, such as was the case with the island of Delos. 
 (Thucyd. i. 8; iii. 104.) 
 
 The Romans perfonned lustrations on many 
 occasions, on which the Greeks did not think of 
 them ; and the object of most Roman lustrations 
 was not to atone for the commission of crime, but 
 to obtain the blessing of the gods upon the persons 
 or things wliich were lustrated. Thus fields were 
 purified after the business of sowing was over 
 (Ovid. Fast. i. CG9), and before the siclde was put 
 to the corn. [Arvales Fratre.s, p. 101.] The 
 manner in which sheep were lustrated every year 
 at the festival of the Palilia, is described by Ovid 
 {Fast. iv. 735, &c.). The shepherd towards even- 
 ing sprinkled his flock with water, adorned the 
 fold with branches and foliage, burnt pure sulphur 
 and various herbs, and offered sacrifices to Pales. 
 The object of this lustration was to preserve the 
 flock from disease, contagion, and other evils. 
 (Cato, de Re Bust. c. 141.) All Roman armies 
 before they took the field were lustrated (Dion 
 Cass, xlvii. 38 ; Appian, HUp. c. 19 ; Civil, iv. 89. 
 et passim), and as this solemnity was probably al- 
 ways connected with a review of the troops, the 
 word lustratio is also used in the sense of the mo- 
 dem review. (Cic. ad Att. v. 20. § 2.) The rites 
 customary on such occasions are not mentioned, 
 but they probably resembled those with which a 
 fleet was lustrated before it set sail, and which are 
 described by Appian {Civil, v. 96). Altars were 
 erected on the shore, and the vessels manned with 
 their troops assembled in order close to the coast. 
 Every body kept profound silence, and priests 
 standing close by the water killed the victims, and 
 carried the purifying sacrifices {KaQi^cria) in small 
 boats three times around the fleet. On these rounds 
 they were accompanied by the genenils, who pray- 
 ed to the gods to preserve the armament from all 
 dangers. Hereupon the priests divided the sacri- 
 fices into two parts, one of which was thrown into 
 the sea, and the other burnt upon the altars, while 
 the multitude around prayed to the gods. (Com- 
 pare Liv. xxxvi. 42, and xxix. 27, where also a 
 prayer is recorded such as generals used to perform 
 on these occasions.) When a Macedonian amy 
 was lustrated, a dog was cut in two pieces in the 
 place wliere the anny was to assemble, and one 
 half of the dog was thrown at a distance on the right 
 and the other to tiie left. The army then assem- 
 bled in the place between the spots where the 
 pieces had fiillen. (Liv. xl. C ; Curt. x. 9. § 12.) 
 But to return to the Romans. The establishment 
 of a new colony was always preceded by a lustra- 
 tio with solemn sacrifices. (Cic. dc Diviii. i. 45 ; 
 Barth, ad Slat. Theb. iv. p. 1073.) The city of 
 
 Rome itself, as well as other towns within its do- 
 minion, always underwent a lustratio, after they 
 had been visited by some great calamity, such as 
 civil bloodshed, awful prodigies, and the like. (Ap- 
 pian, Civil, i. 26 ; Liv. xxxv. 9 ; xlii. 20.) A 
 regular and general lustratio of the whole Roman 
 people took place after the completion of every lus- 
 trum, when the censor had finished his census and 
 before he laid down his oflice. This lustratio (also 
 called lustrum, Fest. s. v.) was conducted by one of 
 the censors(Cic. de Divin.i. 45), and held with sacri- 
 fices called Suovetauriha (Liv. i. 44 ; Varro, de Re 
 Rust. ii. 1 ), because the sacrifices consisted of a pig 
 (or ram), a sheep, and an ox. This lustratio which 
 continued to be observed in the days of Dionysius, 
 took place in the Campus Martins, where the peo- 
 ple assembled for the purpose. The sacrifices were 
 carried three times around the assembled multi- 
 tude. (Dionys. Ant. Rom. iv. p. 225.) Another 
 regular lustration which was observed every year 
 in the month of February, was said to have been 
 instituted because the god Februus was believed to 
 be polens lustrutioimm, and because in this month 
 the solemnities in honour of the dii manes took 
 place. (Macrob. Sat. i. 13.) (Compare Hartung, 
 Die Rdiij. d. Kt,m. i. p. 198, &c.) [L.S.] 
 
 LUSTRUM (from luo, Gr. Koiui) is properly 
 speaking a lustration or purification, and in parti- 
 cular the purification of the whole Roman people 
 perfonned by one of the censors in the Campus 
 Martins, after the business of the census was over. 
 [Census; Lustratio.] As this purification took 
 place only once in five years, the word lustrum 
 was also used to designate the time between two 
 lustra. Varro {de Liny. IaU. v. 54. Bip.) errone- 
 ously derives the word lustrum from luo (I pay), 
 because the vectigalia and tributa were paid 
 every five years to the censors. The first lus- 
 trum was performed in b. c. 566 by king Ser- 
 vius, after he had completed his census (Liv. 
 i. 44 ; Dionys. iv. 22), and afterwards it is said 
 to have taken place regularly every five years 
 after the census was over. The first censors were 
 appointed in 443 B. c, and from this year down to 
 294 B. c. there had, according to Livy (x. 47), 
 only been 26 pairs of censors, and only 21 lustra 
 or general purifications, although if all had been 
 regular, there would have been 30 pairs of censors 
 and 30 lustra. We must therefore conclude, that 
 sometimes the census was not held at all, or at 
 least not by the censors. We also learn from this 
 statement that the census might take place with- 
 out the lustrum, and indeed two cases of this kind 
 are recorded (Liv. iii. 22 ; xxiv. 43) which happened 
 in 459 and 214 b. c. In these cases the lustrum 
 was not performed on account of some gi'eat cala- 
 mities which had befallen the republic. 
 
 The time when the lustrum took place has been 
 very ingeniously defined by Niebuhr (//is/, of Rom. 
 i. p. 277). Six ancient Romulian years of 304 
 days each were, with the difference of one day, 
 equal to five solar years of 365 days each, or the 
 six ancient years made 1824 days, while the five 
 solar years contained 1825 days. The lustrum, or 
 the great year of the ancient Romans (Censorin. 
 de Die Nat. 18), was thus a cycle, at the end of 
 which, the beginning of the ancient year nearly 
 , coincided with tliat of the solar year. As the co- 
 incidence however was not perfect, a month of 24 
 days was intercalated in ovcry eleventh lustrum. 
 Now it is highly probable that the recurrence of 
 
LYRA. 
 
 such a cycle or great year was, from the earliest 
 times, solemnized with sacrifices and purifications, 
 and that Servius TuUius did not introduce them, 
 but merely connected them with his census, and 
 thus set the example for subsequent ages, which 
 however, as we have seen, was not observed with 
 regularity. At first the irregidarity may have 
 been caused by the struggles between the patri- 
 cians and plebeians, when the appointment of cen- 
 sors was pui^posely neglected to increase the dis- 
 orders ; but we also find that similar neglects took 
 place at a later period, when no such causes exist- 
 ed. (Sueton. Au(/. 37 ; Claud. 16.) The last lus- 
 trum was solemnized at Rome, in A. D. 74, in the 
 reign of Vespasian. (Censorin. /. c.) 
 
 Many writers of the latter period of the republic 
 and during the empire, use the word lustrum for 
 any space of five years, and without any regard to 
 the census (Ovid, Fast. ii. 183; iv. 701; Amor. 
 iii. 6. 27; Herat. Carm. ii. 4. 24 ; iv. 1. 0"), while 
 others even apply it in the sense of the Greek pen- 
 t;ieteris or an Ul_\nnpiad, which only contained four 
 years. (Ovid, E.r Pont. iv. 6. 5, &c. ; Mart. iv. 
 45.) Martial also uses the expression lustrum 
 iiigens for sacculum. 
 
 (Compare Scaliger, tie Emend. Tempor. p. 183; 
 Ideler, HanM. der Chronol. ii. p. 77, iScc.) [L. S.] 
 LYCHNU'CHUS. [Candelabrum.] 
 LYRA {^vpa, Lat. fides), a lyre, one of the 
 most ancient musical instruments of the stringed 
 kind. There can scarcely be any doubt that this 
 and similar instruments were used by the Eastern 
 nations and by the Egj-ptians, long before the 
 Greeks became acquainted with them, and that 
 they were introduced among the Greeks from Asia 
 Minor. (Wilkinson, Manners and Cunt, oftlui Anc. 
 liifiipt. ii. p. 272. 288, &c.) The Greeks them- 
 selves however attributed the invention of the lyre 
 to Hermes, who is said to have formed the instru- 
 ment of a tortoise-shell, over which he placed gut- 
 strings. {Horn. Hj/mn.in Mrrc. ; ApoUod. iii. 10. 2; 
 Diodor. v. 75 ; Serv. ad Viry. Gciircj. iv. 4G4.) As 
 regards the original number of the strings of a lyre, 
 the accounts of the ancients ditfer so widely, that it is 
 almost impossible to arriveat any definite conclusion. 
 Diodorus (i. IG) states that Hermes gave his lyre 
 three strings, one with an acute, the other with a 
 grave, and the third with a middle sound. Macro- 
 bius {Sal. i. 19) says that the lyre of Mercury had 
 four strings, which symbolically represented the 
 four seasons of the year; while Lucian {Dear. Dial. 
 /), Ovid (Fast. v. lOfi), and others, assume that 
 the lyre from the first had seven strings. All 
 ancient writers who mention this invention of 
 Hermes, apply to it the name lyra, though its 
 shape in the description of ApoUodorus and Servius 
 rather resembles that of the instrument which in 
 subsequent times was designated by the name 
 cithara (/ci'flapo or KCBapis), and in some degree re- 
 sembled a modem guitar, in as far as in the latter 
 the strings were dra\vTi across the sounding bottom, 
 whereas in the lyra of later times they were free on 
 both sides. In the Homeric poems the name AiJpa does 
 not occur, with the exception of the Homeric hymn 
 to Hermes ; and from the expression which occurs in 
 this hjnnn (423), Avpr) Kidapi^etv, it appears that 
 originally there was very little or no difference be- 
 tween the two instalments, that is to say, the in- 
 strument formerly used was a cithara in the later 
 sense of the word. 
 The instniments which Homer mentions as used 
 
 LYRA. 
 
 585 
 
 to accompany songs, are the (popfity^ and Ki'0apis. 
 (//. i. 603; Od. viii. 248 and 261.) Now that 
 the (pop/iiyi and the KiBapis were the same instru- 
 ment, appears to Ije clear from the expression (pop- 
 1U1771 Ki6apl^€iv, and KiBapi (popfti'f'eic. (Od. i. 15.3, 
 &c.) The lyra is also called x^'^^s^ "r X^^^"''!-' 
 and in Latin testudo, because it was made of a tor- 
 toise-shell. 
 
 The obscurity which hangs over the original 
 number of strings of the lyre, is somewhat removed 
 by the statement made by several ancient writers, 
 that Terpander of Antissa (about 650 B. c.) added 
 to the original number of four strings three new 
 ones, and thus changed the tetrachord into a hep- 
 tachord. (Euclid. Introd. Harm. p. 19 ; Strab. xiii. 
 p. 618 ; Clem. Alex. Strom, vi. p. 814. ed. Potter), 
 though it cannot be denied that there existed lyres 
 with only tliree strings. (Blanchini, De Tribus 
 Generibus Indrumentorum Musicae Veterum Or- 
 (janicae Duiscrtatio, tab. iv.) The following are 
 representations of a tetrachord and a heptachord ; 
 both are taken from the work of Blanchini. 
 
 The heptachord introduced by Terpander hence- 
 forth continued to be most commonly used by the 
 Greeks as well as subsequently by the Romans, 
 though in the course of time many additions and 
 improvements were 
 made which are de- 
 scribedbelow. Inthe 
 ancient tetrachord 
 the two extreme 
 strings stood to each 
 other in the relatimi 
 of a fourth (Sia tcit- 
 uapwv), i. e. the lower 
 string made three 
 vibrations in the 
 time that the upper 
 one made four. In 
 the most ancient 
 arrangement of the 
 scale, which was 
 called the diatonic, 
 the two middle 
 strings were strung 
 in such a manner, 
 that the three in- 
 tervals between the 
 four strings produc- 
 ed twice a whole 
 tone, and one semi- 
 tone. Terpander 
 
.586 
 
 LYRA. 
 
 in forming his heptachord, in reahty added a 
 new tetrachord to the ancient one, but left out 
 the third string of the latter, as there was between 
 it and the fourth only an interval of a serai-tone. 
 The heptachord thus had the compass of an octave, 
 or as the ancients called it, a diapason (5io iraauv). 
 The intervals between the seven strings in the 
 diatonic scale were as follow: — between one and 
 two a whole tone, between two and three a whole 
 tone, between three and four a whole tone and a 
 semi-tone ; between four and five and five and six 
 a whole tone each, between six and seven a semi- 
 tone. The seven strings themselves were called, 
 beginning from the highest, fiyrij, irapavrjT-q, 
 ■n-apafjLfcrri, /xto-Tj, X-ix^fos, irapuKaTt], VTvarn). 
 (iJockh, de Metris Pindari, p. 205, &c.) Pindar 
 himself made use of the heptachord, though 
 in his time an eighth string had been added. In 
 the time of Philip and Alexander the number of 
 strings was increased to eleven by Timotheus of 
 Miletus (Suidas, s. v. Ti/j.o8eos: MuUer, Dor. iv. 
 (i. § 3), an innovation which was severely censur- 
 ed by the Spartans, who refused to go beyond the 
 number of seven strings. (Cic. de Leyy. ii. 15; 
 Athen. xiv. p. 636.) It is however clear that the 
 ancients made use of a variety of lyres, and in the 
 representations which we still possess, the number 
 of strings varies from three to eleven. About the 
 time of Sappho and Anacreon several stringed in- 
 struments, such as maffadvi, harhiion, and others, 
 were used in Greece, and especially in Les- 
 bos. They had been introduced from Asia Minor, 
 and their number of strings far exceeded that of 
 the lyre, for we know that some had a compass of 
 two octaves, and others had even twenty strings, 
 so that they must have more resembled a modem 
 harp than a lyre. (Bode, Gesch. dtr Lyrisch. Dicld- 
 kmist der HeUcnen, i. p. 382, &c. ; compare Quinc- 
 til. xii. 10.) 
 
 It has been remarked above that the name lyra 
 occurs very seldom in the earliest Greek writers, 
 and that originally this instrument and the cithara 
 were the same. But about the time of Pindar in- 
 novations seem to have been introduced by which 
 the lyra became distinct from the cithara, the in- 
 vention of which was ascribed to Apnllo, and hence 
 the name of the former now occurs more frequent- 
 ly. (Pind. O?. X. 113; Nem. iii. 19; xi. 8 ; Pyth. 
 viii. 42, et passim.) Both however had in most 
 cases no more than seven strings. The difference 
 between the two instruments is described above ; 
 the lyre had a great and fuU-sounding bottom, 
 which continued as before to be made generally of 
 a tortoise-shell, from which, as Lucian {Dial. Mor. 
 1 ) expresses it, the homs rose as from the head of a 
 stag. A transverse piece of wood connecting the 
 two horns at or near their top-ends served to fasten 
 the strings, and was called ^vyov, and in Latin 
 trunstillum. The homs were called irTjxets or 
 corriiui. (Schol. Venet. ad Iliad, ii. 293 ; Hosych. 
 s. 4!. Zvya • Cic. De Nat. Deor. ii. 59.) These in- 
 stmments were often adorned in the most costly 
 manner with gold and ivoiy. (Cic. ad Heren. iv. 
 47 ; Ovid, Met. xi. 167.) The lyre was considered 
 as a more manly instrument than the cithara, 
 which, on account of its smaller-sounding bottom, 
 excluded full-sounding and deep tones, and was 
 more calculated for the middle tones. The lyre 
 when played stood in an upright position between 
 the knees, while the citliara stood upon the knees 
 of the player. Both instruments were held with | 
 
 MAGISTER. 
 
 the left hand, and played with the right. (Ovid, 
 Metam. xi. 168.) It has generally been supposed 
 that the strings of these instruments were always 
 touched with a little staff called plectrum (itAtj- 
 KTpov) (see woodcut, p. 173), but among the paint- 
 ings discovered at Herculaneum we find several in- 
 stances where the persons play the lyre with their 
 fingers. (See also Ovid, Ileroid. iii. 118.) The 
 lyre was at all times only played as an accompani- 
 ment to songs. 
 
 The Latin nanie_^es, which was used for a lyre 
 as well as a cithara, is probably the same as the 
 Greek (T(piSfS, which, according to Hesychius (s.«.), 
 signifies gut-string ; but Festus (s. v.) takes it to 
 be the same as fides (faith), because the lyre was 
 the symbol of harmony and unity among men. 
 
 The lyre (cithara or phorminx) was at first 
 used in the recitations of epic poetry, though it was 
 probably not plaj'ed during the recitation itself, 
 but only as a prelude before the minstrel com- 
 menced his story, and in the intervals or pauses 
 between the several parts. The lyre has given its 
 name to a species of poetry called lyric ; this kind 
 of poetry was originally never recited or sung with- 
 out the accompaniment of the lyre, and sometimes 
 also of an appropriate dance. (Compare the article 
 MiLsrcA ; Plutarch, de Miisica; Biichk, de Metris 
 Pindari; Drieberg, Musikulische Wissemchiflen der 
 Griix'lien; and by the same author ^ iisse uher 
 die Musik der Griecheu; Miiller, Hist, of Greek Lit. 
 i. p. 148, &c.) [L. S.] 
 
 M. 
 
 MACEDONIA'NUM SENATUSCONSUL- 
 TUM. [Senatusconsultum.] 
 
 MACCIIUS. [Atellanae Fabulae,p.108.] 
 MACELLUM {d^oirwXia, Athen. i. 9 ; d^imo)- 
 Ketov, KpeoTTuKf'iov), a provision-market, frequent- 
 ed l)y cooks, fishermen, poulterers, confectioners, 
 butchers, and men of similar occupations. (Varro, 
 de Re Rust. iii. 2. 17 ; de Ling. Lat. v. 32. p. 147, 
 148. ed. Spengel; Plaut. Aulul. ii. 8.3; Ter. 
 Eun. ii. 2. 24 ; Hor. Sat. ii. 3. 229 ; Epist. i. 15. 
 31 ; Seneca, Epist. 78.) [Forum, p. 431.] From 
 macellum, a provision-merchant was called mucel- 
 larius {o\^ioiTU>\y]s, KpeoirwAr)^). (Sueton, Jul. 26 ; 
 Veipas. 19; Varro, de Re Rust. iii. 2,4.) The 
 Athenians called their macellum eh rov'pov, just as 
 they called their slave-market fh rd dvSpdiroSa, 
 their wine-market els rov olvov, and other markets 
 by the names of the commodities sold in them. 
 (Poll. ix. 47 ; X. 19 ; Harpocr. .s. i\ Ae?7/uo.) [J. Y.] 
 MAGADIS. [Lyra ; Musica (Greek).] 
 MAGISTER, which contains the same root as 
 may-is and nia(/-7ins, was applied at Rome to per- 
 sons possessing various kinds of offices, and is thus 
 explained by Festus (s. v. Mai/isterare) : — " Ma- 
 (jistcrare, moderari. Unde muyistri non solum 
 doctores artium, sed etiam pagomm, societatum, 
 vicoram, collegiorum, equitum dicuntur ; quia 
 omnes hi magis ceteris possunt." Paulus (Dig. 50. 
 tit. 16. s. 57) thus defines the word: — " Quibus 
 praecipua cura rerum incumbit, et qui magis quam 
 ceteri diligentiani et sollicitudinem rebus, quibus 
 praesunt, debent, hi magistri appellantur." The 
 following is a list of the principal magistri : — 
 Magister Admi.s.sionum. [Admissionales.] 
 Magister Armorum appears to have been the 
 same officer as the Magister Militum. ( Amm. Marc, 
 xvi. 7 ; XX. 9.) 
 
MAGISTRATUS. 
 
 MAGISTRATUS. 587 
 
 Maqister Aoctionis. [Bonorum Emtio.] 
 Magister Bibbndi. [Symposium.] 
 Mauister Collegii was the president of a col- 
 legium or corporation. [Collegium.] 
 
 Magister Epistolarum answered letters on 
 behalf of the emperor. (Orelli, Imer. 2352.) 
 Magister Equitum. [Dictator, p. 338.] 
 Magister Libellorum was an officer or secre- 
 tary who read and answered petitions addressed to 
 the emperors. [Libellus, 4. c] He is called in 
 an inscription " Magister Libellorum et Cogni- 
 tionum Sacraruni." (Orelli, /. c.) 
 
 Magister Memoriae, an oliicer whose duty it 
 was to receive the decision of the emperor on any 
 subject and communicate it to the public or the 
 persons concerned. (Amm. Marc. xv. 5 ; xxvii. 6.) 
 Magister Militum. [Army (Roman), p. 98.] 
 Magister Navis. [E.xercitoria Actio.] 
 Magister Officiorum was an officer of liigh 
 rank at the imperial court, who had the superin- 
 tendence of all audiences with the emperor, and 
 also had extensive jurisdiction over both civil and 
 miHtary officers. (Cod. 1. tit. 31 ; 12. tit. 16; Cod. 
 Theod. 1. tit. 9 ; vi. tit. 9 ; Amm. Marc. xv. 5; 
 XX. 2 ; xxii. 3 ; Cassiod. Vanar. vi. 6.) 
 Maglster Popull [Dictator, p. 337.] 
 Magister Scriniorum had the care of all tlie 
 papers and documents belonging to the emperor. 
 (Cod. 12. tit. 9 ; Spartian. Ad. Ver. 4 ; Lamprid. 
 Alej: Sev. 26.) 
 
 Magister Societatis. The equites, who farm- 
 ed the taxes at Rome, were divided into certain 
 societies ; and he who presided in such a society 
 was called Magister Societatis. (Cic. Verr. u. ii. 
 74; ad Fam. xiii. 9 ; Pro PUmciu, 13.) 
 
 Magister Vicorum. Augustus divided Rome 
 into certain regiones and vici, and commanded that 
 the people of each vicus should choose magistri to 
 manage its affairs. (Suet.^lM(/. 30 ; TV/). 76 ; Orelli, 
 laser. 5. 813. 1530.) From an inscription on an 
 ancient stone referred to by Pitiscus (Le.ncon, s.v.) 
 it appears that there were four such magistri to each 
 vicus. They were accustomed to exhibit the Ludi 
 Compitalitii dressed in the praetexta. (Ascon. in 
 Cic. Pison. p. 7. ed. Orelli.) 
 
 MAGISTRA'TUS. A definition of Magistra- 
 tus may be collected from Pomponius, De Origine 
 Juris (Dig. 1. tit. 2). Magistratus are those " qui 
 juri dicundo praesunt." The King was originally 
 the sole Magistratus ; he had all the Potestas. On 
 the expulsion of the Kings, two Consuls were an- 
 nually appointed and they were Magistratus. In 
 course of time other Magistratus were appointed, 
 so that Pomponius enumerates as the Magistratus 
 of his time " qui in civitate jura reddebant," ten 
 tribuni plebis, two consuls, eighteen praetors, and 
 six aediles. He adds that the Praefecti Annonae 
 et Vigilum were not Magistratus. The Dictator 
 was also a Magistratus ; and the Censors ; and the 
 Decemviri litibus judicandis. The governors of 
 Provinces with the title of Propraetor or Proconsul 
 were also Magistratus. Gains attributes the Jus 
 Edicendi to the Magistratus Populi Romani, with- 
 out any restriction ; but he says that the chief 
 edictal power was possessed by the Praetor Urbanus 
 and the Praetor Peregrinus, whose jurisdictio in the 
 provinces was exercised by the Praesides of Pro- 
 vinces ; and also by the Curule Aediles whose juris- 
 diction in the Provinciae Populi Romani was 
 exercised by the Quaestors of those Provinces. 
 The word Magistratus contains the same element 
 
 as mag(ister) and mag(nus); and it signifies both 
 the person and the office, as we see in the phrase 
 " se magistratu abdicare." (Liv. xxiii. 23.) Ac- 
 cording to Festus, a magistratus was one who had 
 "• judicium auspiciumque." 
 
 According to M. Messala the augmr, quoted by 
 Gellius (xiii. 15), the Auspicia Maxima belonged 
 to the Consuls, Praetors, and Censors, and the 
 Minora auspicia to the other Miigistratus ; accord- 
 ingly the Consuls, Praetors, and Censors were 
 called Majores, and they were elected at the Co- 
 mitia Centmiata ; the other Magistratus were 
 called Minores. The Magistratus were also divid- 
 ed into Curules and those who were not Curules : 
 the Magistratus Curules were the dictator, consuls, 
 praetors, censors, and the curule aediles, who were 
 so called, because they had the Jus Sellae Cunilis. 
 The magistrates were chosen only from the Patri- 
 cians in the early Republic, but in course of 
 time the Plebeians shared these honours, with the 
 exception of that of the Interrex : the Plebeian 
 Magistratus properly so called were the Plebeian 
 Aediles and the Tribuni Plebis. 
 
 The distinction of Magistratus into Majores 
 who had the Iraperiuni, and the Minores who had 
 not, had a reference to Jurisdiction also. Tlie 
 former term comprised Praetors and governors of 
 Provinces ; the latter, in the Republican time, 
 comprised Aediles and Quaestors, and, under the 
 Empire, the numerous body of Municipal Magi- 
 strates. The want of the Imperium limited the 
 power of the Magistratus Minores in various mat- 
 ters which came under their cognizance, and the 
 want of it also removed other matters entirely from 
 their jurisdictio (taking the word in its general 
 sense). Those matters which belonged to Juris- 
 dictio in its limited sense were within the com- 
 petence of the Magistratus Minores [J urisdictio] ; 
 but those matters which belong to the Imperium, 
 were for that reason not within the competence of 
 the Magistratus Minores. As proceeding from the 
 Imperium we find enumerated the praetoriae 
 stipulationes, such as the cautio damni infecti, and 
 ex novi operis nunciatione ; and also the Missio in 
 possessionem, and the In integrum restitutio. 
 Thus it appears that the limited jurisdictio was 
 confined to the Ordo judiciormu privatorum, and 
 all the proceedings Extra ordinem were based on 
 the Imperium : consequently a Minor Magistratus 
 could not exercise Cognitio, properly so called, and 
 could not make a Decretuin. This consideration 
 explains the fact of two Praetors for questions as 
 to fideicommissa being appointed under Claudius : 
 they had to decide such matters for all Italy, inas- 
 much as such matters were not within the com- 
 petence of the municipal magistrates. The juris- 
 diction of the municipal magistrates of Cisalpine 
 Gaul was limited in many cases to a certain sum 
 of money ; and this limitation was afterwards ex- 
 tended to all Italy. Added to this, these magistrates 
 had not the Imperium, which, as already observed, 
 limited their Jurisdictio. 
 
 The Magistratus Minores could take cognizance 
 of matters which were not within their jurisdictio, 
 by delegation from a superior Magistratus. Thus 
 in the case of Damnum Infectura, inasmuch as 
 delay might cause irreparable mischief, the Praetor 
 could delegate to the Mmiicipal Magistratus, who 
 were under him, the power of requiring the Cautio. 
 (Dig. 39. tit. 2. s. 4.) 
 
 It became necessary to re-oi'ganize the admini- 
 
588 
 
 MAJESTAS. 
 
 MAJESTAS. 
 
 stration of Gallia Cisalpina, on its ceasing to be a 
 Province; and as the Jurisdictio was placed in the 
 hands of Municipal Magistratus, who had no Im- 
 perium, it was further necessary to determine what 
 should be the form of procedure before tliese Magi- 
 stratus in all matters that were extra ordinem, that 
 is, in such matters as did not belong to their com- 
 petence because they were Magistratus Minores, 
 but were specially given to them by a Lex. The 
 determining of this form of procedure was the ob- 
 ject of the Lex Rubria. [Lex RuBRiA.] (Puchta, 
 Zvitschrift, x. p. 195.) 
 
 The case of Adoption (properly so called) illus- 
 trates the distinction of Magistratus into Majores 
 and Minores, as founded on the possessing or not 
 possessing the Imperium. (Gains, i. 99.) This 
 adoption was effected " Imperio Magistratus," as 
 for instance before the Praetor at Rome : in the 
 Provinciae the same thing was ettected before a 
 Proconsul or Legatus, both of whom therefore had 
 the Imperium. The Municipal Magistratus, as 
 they had not the Imperium, coiJd not give validity 
 to such an act of adoption. [G. L.] 
 
 MAJESTAS is defined by Ulpian (Dig. 48. 
 tit. 4. s. 1 ) to be " crimen iUud quod ad versus 
 Populura Homanum vel adversus securitatem ejus 
 committitur." He then gives various instances of 
 the crime of Majestas, some of which pretty nearly 
 correspond to treason in English law ; but all the 
 offences included under Majestas comprehend more 
 than the English treason. One of the ofliijnces in- 
 cluded in Majestas was the effecting, aiding in, or 
 planning the death of a nuigistratus Populi Ro- 
 man! or of one who had Imperium or Potestas. 
 Though the phrase " crimen majestatis" was used, 
 the complete expression was " crimen laesae, im- 
 minutae, diminutae, minutae, majestatis." 
 
 The word Majestas consistently with its relation 
 to may {ima) signifies the magnitude or greatness 
 of a thing. " Majestas," says Cicero (Puii. 30), 
 " est quaedam magnitudo Populi Romani ;" " Ma- 
 jestas est in Imperii atque in nominis Populi Ro- 
 mani dignitate." Accordingly the phi'ases " Ma- 
 jestas Populi Romani," " Imperii Majestas" (Hor. 
 Carni. iv. 15) signify the whole of that which 
 constituted the Roman State ; in other words the 
 sovereign power of the Roman State. Tlie expres- 
 sion minuere majestatem consequently signifies 
 any act by which this majestas is impaired ; and 
 it is thus defined by Cicero {I)e Invent, ii. 1 7), 
 " Majestatem minuere est de dignitate, aut arapli- 
 tudine, aut potestate Populi aut eorum quibus 
 Populus potestatem dedit, aliquid derogare." (See 
 Cic. Ad Fam. iii. 11. " Majestatem auxisti.") 
 The phrase Majestas Publica in the Digest is 
 equivalent to the Majestas Populi Romani. In 
 the Republican period the term Majestas Laesa or 
 Minuta was most commonly applied to cases of a 
 general betraying or surrendering his army to the 
 enemy, exciting sedition, and generally by his bad 
 conduct in administration impairing the Majestas 
 of the State. (Tacit. Ami. i. 7"2.) 
 
 The Laws of the Twelve Tables pimislied with 
 death a person who stirred up an enemy against 
 Rome or surrendered a Roman citizen to an enemy. 
 (Dig. 48. tit. 4. s. 3.) The Leges Majestatis 
 seem to have extended the offence of Majestas 
 generally to all acts whicli impaired the Majestas 
 Publica ; and several of the special provisions of 
 tile Lex ,Iulia are enumerated in the passage just 
 referred to. 
 
 It seems difficult to ascertain how far the Lex 
 Julia carried the offence of Majestas with respect 
 to the person of the Princeps. Like many other 
 leges it was modified by Senatusconsulta and Im- 
 perial Constitutions ; and we cannot conclude from 
 the title in the Digest, " Ad Legem Juliam Ma- 
 jestatis," that aU the provisions enumerated under 
 that title were comprehended in the original Lex 
 Julia. It is stated by Marcianus, as there cited, 
 that it was not Majestas to repair the statues of 
 the Caesar which were going to decay ; and a Re- 
 script of Severus and his son Antoninus Caracalla 
 declared that if a stone was thrown and accident- 
 ally struck a statue of the Emperor, that also was 
 not Majestas ; and they also graciously declared 
 that it was not Majestas to sell the statues of the 
 Caesar before they were consecrated. Here then 
 is an instance under the title Ad Legem Juliam 
 Majestatis of the Imperial rescripts declaring what 
 was not Majestas. But there is also an extract 
 from Saturninus De Judiciis, who says that if a 
 person melted down the statues or imayines 
 of the Imperator which were already consecrated, 
 or did any similar act, he was liable to the penal- 
 ties of the Lex Julia Majestatis. But even this 
 does not prove that this provision was a part of 
 the Julia Lex, as originally passed, for a Lex after 
 being amended by Senatusconsulta or Imperial 
 Constitutions still retained its name. 
 
 The old punishment of Majestas was perpetual 
 Interdiction from fire and water ; but now, says 
 Paulus {S. R. V. 39), that is in the later Imperial 
 period, persons of low condition are thrown to wild 
 beasts, or burnt alive ; persons of better condition 
 are simply put to death. The property of the 
 offender was confiscated and his memory was in- 
 famous. 
 
 In the early times of the Republic every act of 
 a citizen which was injurious to the State or its 
 peace was called Perduellio, and the offender (per- 
 daellis) was tried before the populus (populi judi- 
 cio), and, if convicted, put to death. (Liv. ii. 41. 
 vi. 20.) Cn. Fulvius (Liv. xxvi. c. 3.) was charged 
 with the offence of perduellio for losing a Roman 
 army. According to Gaius " perduellis " originally 
 signified "hostis" (Dig. 50. tit. 16. s. 234); and 
 tiuis the old offence of perduellio was equivalent to 
 making war on the Roman State. The trial for 
 perduellio { pcrdiu:Uio?iis judicium) existed to the 
 later times of the Republic ; but the name seems 
 to have almost fallen into disuse, and various leges 
 were passed for the purpose of determining more 
 accurately" what shoiddbe Majestas. These were a 
 Lex Apuleia, probably passed in the fifth consul- 
 ship of Marius, the exact contents of which are un- 
 known (Cic. de Or. ii. 25. 49), a Lex Varia B. c. 
 91, a Lex Cornelia passed by L. C. Sulla (Cic. in 
 Pis. 21, pro Clucnt 35), and the Lex Julia already 
 mentioned, and which, as we have seen, continued 
 under the Empire to be the fundamental enact- 
 ment on this subject. This Lex Julia is by some 
 attributed to C. J. Caesar, and assigned to the 
 year B. c. 48, and this may be the Lex referred to 
 in the Digest ; some assume a second Lex Juli.a, 
 under Augustus, but perhaps without sufficient 
 grounds. 
 
 Under the Empire the term Majestas was applied 
 to the person of the reigning Caesar, and we find 
 the phrases Majestas Augusta, Imperatoria, and 
 Regia. It was however nothing new to apply the 
 term to the Emperor, consideied in some of liis 
 
MALLEUS. 
 
 MALLEUS. 
 
 589 
 
 various capacities, for it was applied to the magis- 
 tratus under the Republic, as to the consul and 
 praetor. (Cic. Philipp. xiii. 9, in Pkoiiein, 11.) 
 Horace even addresses Augustus (Ej). ii. i. 288) 
 in the tenns " majestas tua," but this can hardly be 
 viewed otherwise than as a personal compliment, 
 and not as said with reference to any of the 
 offices which he held. The extension of the penal- 
 ties to various new offences against the person of the 
 Emperor belongs of course to the Imperial period. 
 Augustus availed himself of the Lex for prosecut- 
 ing the authors of famosi libelli {coipiitionem dc 
 famosis Hhellis, specie legis ejus, tractavit,Tacit.Ann. 
 i. 72 ; Dion Cass. Ivi. 27 ; Sueton. Odav. 55): the 
 proper inference from the passage of Tacitus is 
 that the Leges Majestatis (for they all seem to be 
 comprised under the term " Legem Majestatis,") 
 did not apply to words or writings, for these were 
 punishable otherwise. The passage of Cicero {ad 
 Fam. iii. 11) is manifestly corrupt, and as it 
 stands, inconsistent with the context ; it cannot be 
 taken as evidence that the Lex Majestatis of Sulla 
 contained any provisions as to libellous words, as 
 to which there were other sufficient provisions. 
 [Injuria.] Sigonius has attempted to collect the 
 capita of the Lex Majestatis of Sidla. Under 
 Tiberius the offence of Majestas was extended to 
 all acts and words which might appear to be dis- 
 respectful to the Princeps, as appears from various 
 passages in Tacitus {Ann. i. 73, 74, ii. 50. iii. 38. 
 66, 67, &c.). The term Perduellio was in use 
 under the Empire, and seems to have been equiva- 
 lent to Majestas at that period. 
 
 An inquiry might be made into an act of Majes- 
 tas against the Imperator even after the death of 
 the offender ; a rule which was established (as we 
 are informed by Paulus) by M. Aurelius in the 
 case of Druncianus, a senator who had taken part 
 in the outbreak of Cassius, and whose property was 
 claimed by the fiscus after his death. (Perhaps 
 the account of Capitolinus, M. Ant. Phil. c. 26, 
 and of Vulcatius Gallicanus, AvuHus Cassius, c. 9, 
 is not inconsistent with the statement of Paulus.) 
 A constitution of S. Severus and Antoninus Cara- 
 calla declared that from the time that an act of 
 Majestas was committed, a man could not alienate 
 his property or manumit a slave, to which the 
 great {magnus) Antoninus (probably Caracalla is 
 still meant), added that a debtor could not after 
 that time lawfully make a payment to him. Li 
 the matter of Majestas slaves could also be examin- 
 ed by tortMe in order to give evidence against their 
 master : this provision, though comprehended in the 
 Code under the title Ad Legem Juliam Majestatis, 
 was perhaps not contained in the original law, for 
 Tiberius sold a man's slaves to the actor publicus 
 {Ann. iii. 67) in order that they might give evi- 
 dence against their master, who was accused of 
 Repetundae and also of Majestas. Women were 
 admitted as evidence in a case of Laesa Majestas, 
 and the case of Fulvia is cited as an instance. 
 (Dig. 48. tit. 4 ; Cod. ix. tit. 8.) 
 
 As to the phrase Patria Majestas, see Patria 
 POTESTAS. [G. L.] 
 
 MA'LLEUS, dim. MALLE'OLUS (paiffrrip: 
 (jcpvpa, dim. acpvpiov), a hammer ; a mallet. Li 
 the hands of the farmer the mallet of wood served 
 to break down the clods {occare) and to pulverize 
 them. (Colum. de Re Rust. ii. 13 ; xi. 2 ; Virg. 
 Oeorg. i. 105 ; Bmnck, Anal. ii. 53. 215 ; iii. 44 ; 
 Aristoph. Par, 566 ; Poll. i. c. 12, x. c. 29.) 
 
 The butcher used it in slaying cattle by striking 
 the head. (Ovid, Met. ii. 627.) We often read of 
 it as used by the smith upon the anvil. (Horn. //. 
 xviii. 477; Od. iii. 434; ApolL Rhod. iii. 1254; 
 Herod, i. 68 ; Callim. Hymn, in Dian. 59 ; Aristot. 
 de Gen. Anim. v. 8.) When several men were 
 employed at the same anvil, it was a matter of 
 necessity that they should strike in time, and 
 Virgil accordingly says of the Cyclopes, " Inter se 
 brachia tollunt iyi numerum.''^ {Georg. iv. 174; Aen. 
 viii. 452.) The scene which he describes is repre- 
 sented in the annexed woodcut taken from an 
 ancient bas-relief, in which Vulcan, Brontes, and 
 Steropes, are seen forging the metal, while the 
 third Cyclops, Pyracmon, blows the bellows. {Aen. 
 viii. 425.) Beside the anvil-stand [Incus] is seen 
 the vessel of water, in which the hot iron or bronze 
 was immersed. {lb. v. 450, 451.) 
 
 But besides the empIo5Tnent of the hammer 
 upon the anvil for making all ordinary utensils, 
 the smith (xa^feus) wro\ight with this instnnnent 
 figures called ipya (XfpvprjXdra (or 6\o(r<pvprira, 
 Brunck, Anal. ii. 222), which were either small 
 and fine, some of their parts being beaten as thin 
 as paper and being in very high relief, as in the 
 bronzes of Siris [Lorica, p. 577], or of colossal 
 proportions, being composed of separate plates, 
 rivetted together : of this the most remarkable ex- 
 ample was the statue of the sun of wrought bronze 
 {(jipvp^Karos KoKoaaos, Theocrit.xxii. 47 ; ^aiffTij- 
 poKoiria, Philo, de 7 Spcciac. 4. p. 14. ed. Orell), 
 seventy cubits high, which was erected in Rhodes. 
 Another remarkable production of the same kind 
 was the golden statue of Jupiter (Strabo, viii. 6. 
 20 ; Plat. P/iaedr. p. 232. Ileindorf), which was 
 erected at Olympia by the sons of Cypselus. The 
 right-hand figure of Hercules in the woodcut at 
 page 84 is taken from the remains of a very ancient 
 bronze candelabrum, found in 1812 near Perugia 
 and now preserved in the Glyptotek at Munich. 
 It consists of embossed plates, finely wrought with 
 the hammer, and the small rivets for holding them 
 together are still visible. 
 
 By other artificers the hammer was used in con- 
 junction with the chisel [Dolabra], as by the 
 carpenter(;)^<&a?^s malleus, Coripp. deLaud.Jastini, 
 iv. 47 ; woodcut, p. 51) and the sculptor. 
 
 The term malleolus denoted a hammer, the 
 transverse head of which was formed for holding 
 pitch and tow ; which, having been set on fire, was 
 projected slowly, so that it might not be extin- 
 guished during its flight, upon houses and other 
 I buildings in order to set them on fire ; and which 
 
.590 
 
 MANCIPI RES. 
 
 MANCIPII CAUSA. 
 
 was therefore commonly used in sieges together 
 with torches and falaricae. [Hasta, p. 469.] 
 (Liv. xxx7iii.6 ; Non. Marcellus, p. 556. ed. Lips.; 
 Festus, s.v. ; Cic. pro Mil. 24 ; Veget. de Be Mil. 
 iv. 18; Vitruv. x. 16. 9. ed. Schneider.) 
 
 When the shoot of a vine was cut in order to be 
 set in the ground, part of the stem was also cut 
 away with it and bore a resemblance to the head 
 of a hammer : hence such cuttings were called 
 malko/i. (Cic. de Sen. 15 ; Col. de Re JRitttt. iii. 6; 
 xi. 2.) [J. Y.] 
 
 MALUS ('IffTo'j). The ancients had vessels 
 with one, two, and three masts. The inscriptions 
 recentl}' discovered at Athens contain a perfect in- 
 ventory of all the gear issued to trieres and tetre- 
 res, and they have been illustrated and deciphered 
 by Biickh {Urkunden das Seeu-eesen des At/ischen 
 iSiaates, Berl. 1840). From this work we perceive 
 that two masts were issued from the veiipiov for 
 every trieres, and are enabled to correct Hesychius, 
 who calls the fi rat or mainmast cikotcios, whereas 
 this is unquestionably the foremast. The other 
 lexicographers either omit the word or give an 
 imperfect sense to it. These inscriptions enable 
 us to give it an exact signification. In ii. 92, they 
 give iCTTou fif-yakou and iutuv dKarelov as distinct 
 gear. The masts of the tetreres are similarly tenn- 
 ed iVtous, XI. e. For a triakonter two masts, both 
 termed l(TToi, appear, xvii. sub. init. In two- 
 masted ships the smaller mast was usually near 
 the prore. In three-masted ships the size of the 
 masts decreased as they approached the stem, the 
 largest was the nearest to the stem. The mast 
 was of one entire piece. Pliny (xvi. 76) tells lis 
 the mast and the yards were usually of fir. Re- 
 specting the mode in which the yard was affixed 
 to the mast, see the article Antenna. We do not 
 find in the inscriptions alluded to, and which are 
 mostly of the aera of Demosthenes, who is named 
 in them, any terms by which parts of the mast are 
 described. It seems to have been always issued 
 to the trierarch as a piece of solid gear. The price 
 of the large mast is given in these inscriptions 
 (probably, as Biickh conjectures, with hoops, &c.) 
 at 37 drachmae. Pliny (vii. 57) attributes the 
 invention of the mast to Daedalus. [J. W. W.] 
 
 MALUS OCULUS. [Fascinum.] 
 
 MANCEPS has the same relation to Mancipium 
 that Auspex has to Auspicium. It is properly qui 
 manu capit. But the word has several special 
 significations. Mancipes were they who bid at the 
 public lettings of the censors for the purpose of 
 farming any part of the public property. ( Festus, 
 s. V. J\fiiiiC4'ps ; Cic. Pro Plane. 13.) Sometimes 
 the chief of the Publicani generally are meant by 
 this term, as they were no doubt the bidders and 
 gave the security, and then they shared the under- 
 taking with others or underlet it. (Ascon. in Dir. 
 Verr. c. 10.) The Mancipes would accordingly 
 have distinctive names according to the kind of 
 revenue which they took on lease, as Decumani, 
 Portitores, Pecuarii. Suetonius ( Vcsp. 1 ) says that 
 the father of Petro was a manccps of labourers 
 (operae) who went yearly from Umbria toSabinum 
 to cultivate the land ; that is, he hired them from 
 their masters and paid so much for the use of them; 
 as is now often done in slave countries. The terms 
 Mancipes Thermamm et Salinanim occur in the 
 Theodosinn Code (xiv. tit. 5. s. 3). [G. L.] 
 
 MANCIPA'TIO. [Mancipium.] 
 
 MA'NCIPI RES. [Dominium.] 
 
 MANCI'PII CAUSA. The three expressions 
 by which the Romans indicated the status in 
 which a free person might be with respect to an- 
 other, were In Potestate, In Manu, and In Man- 
 cipio ejus esse. (Ciaius, i. 49.) In consequence 
 of his Potestas a father could mancipate his child 
 to another person, for in the old times of the re- 
 public his Patria Potestas was hardly distinguish- 
 ed from property ; the act of begetting was equiva- 
 lent to the acquisition of ownership. A husband 
 had the same power over a wife In Manu, for she 
 was " filiae loco." Accordingly a child in Potestate 
 and a wife in Manu were properly Res Mancipi ; 
 and they were said to be In Manciple. Still 
 such persons when mancipated, were not exactly 
 in the relation of slaves to the persons to whom 
 they were mancipated ; but they occupied a status 
 between free persons and slaves, which was ex- 
 pressed hy the words Mancipii causa. Such per- 
 sons as were in Mancipii causa were not Sui juris 
 (Gains, i. 48 — 50) ; and all that they acquired, 
 was acquired for the persons to whom they were 
 mancipated. But they differed from slaves in not 
 being possessed ; they might also have an injuria- 
 rum actio for ill treatment from those who had 
 them In Mancipio, and they did not lose the rights 
 of Ingenui, but these rights were only suspended. 
 As to contracts, the person with whom they con- 
 tracted might obtain the sale of such property 
 (Jjova) as would have been theirs, if they had not 
 been in mancipii causa; as Gains expresses it (iv. 
 80). Persons In mancipii causa might be manu- 
 mitted in the same way as slaves, and the limita- 
 tions of the Lex Aelia Sentia and Furia Caninia 
 did not apply to such manumissions. The person 
 who effected the manumission, thereby acquired a 
 kind of patronal right, which was of some impor- 
 tance in the matters of hereditas and tutela. 
 
 The strict practice of Mancipatio had fallen into 
 disuse in the time of Gains, and probably still 
 earlier, and it had then become a mere legal form 
 by which the Patria Potestas was dissolved 
 [Emancipatio] ; except a person was mancipated 
 ex noxali causa. In ease of delicts by the son, the 
 father could mancipate him {ex noaali eavsa 
 VHHieipio dare), and one act of mancipatio was con- 
 sidered sufficient (Gains, iv. 75 — 78 ; Liv. viii. 
 28) ; but the son had a right of action for recover- 
 ing his freedom, when he had worked out the 
 amount of the damage. (Mos. et Rom. Leg. Coll. 
 ii. 3.) Justinian put an end to the noxae datio 
 in the case of children, which indeed before his 
 time had fallen into disuse. (Inst. iv. tit. 8. s. 7.) 
 
 In his time, Gaius remarks (i. 141), that men 
 were not kept in mancipii causa {in eo jure) for 
 any long time, the form of mancipatio being only 
 used (except in the case of a noxalis causa) for the 
 purpose of emancipation. But questions of law 
 still arose out of this form ; for the three mancipa- 
 tioncs, which were necessaiy in the case of a son, 
 might not always have been observed. Accord- 
 ingly a child begotten by a son who had been 
 twice mancipated, but born after the third manci- 
 patio of his father, was still in the power of his 
 grandfather. A child begotten by a son who was 
 in his third mancipatio, came into his father's power 
 if he was manumitted after that mancipation ; but 
 if the father died in mancipio, the child became 
 sui juris. (Gaius, i. 135.) 
 
 Coemptio, by wiiich a woman came in manum, 
 was efi'ccted by mancipatio, and the coemptio might 
 
MANCIPIUMv 
 
 MANCIPIUM. 
 
 .591 
 
 be either matrimonii causa, or fiduciae causa. The 
 fiduciae causa coemptio was a ceremony which was 
 necessary when a woman wished to change her 
 tutores, and also when she wished to make a will ; 
 but a senatusconsultum of Hadrian dispensed with 
 the ceremony in the latter case. (Gaius, i. 115, &c.) 
 
 Dion Cassius (xlviii. 44) says that Tiberius Nero 
 transferred or gave (eltSw/ce) his wife to Octavianus, 
 as a father would do ; and the transfer of his wife 
 Marcia by the younger Cato to Quintus Hortensius 
 (Plut. Cat. Mill. c. 25) is a well known story. It 
 is probable that in both these cases the wife was In 
 Manu, and accordingly might be mancipatcd, and 
 her children born to her new husband would be in 
 his power. 
 
 The situation of a debtor who was adjudicated 
 to his creditor resembled that of a person who was 
 In mancipii causa. [G. L.] 
 
 MANCI'PIUM. The etymology of this word 
 is the same as that of the word Mancipatio, of 
 which Gaius (i. 121) says, " Mancipatio dicitur 
 quia manu res capitur." The term Mancipium 
 then is derived from the act of corporeal appre- 
 hension of a thing ; and this corporeal apprehen- 
 sion is with reference to the transfer of the owner- 
 ship of a thing. It was not a simple corporeal 
 apprehension, but one which was accompanied with 
 certain forms described by Gaius (i. 119): — 
 " Mancipatio is eflected in the presence of not less 
 than five witnesses, who must be Roman citizens 
 and of the age of puberty (puheres), and also in 
 the presence of another person of the same status, 
 who holds a pair of brazen scales and hence is call- 
 ed Libripens. The purchaser (qui mancipio accipit), 
 taking hold of the thing says : I aifinn that this 
 slave {homo) is mine Ex Jure Quiritium, and he 
 is purchased by me with this piece of money {aes) 
 and brazen scales. He then strikes the scales with 
 the piece of money, and gives it to the seller as a 
 sjTnbol of the price {quasi pretii loco)." The same 
 account of the matter is given more briefly by 
 Ulpian {Frat/. xix). This mode of transfer ap- 
 plied to all Res Mancipi whether free persons or 
 slaves, animals or lands. Lands {praedia) might 
 be thus transferred, though the parties to the 
 mancipatio were not on the lands ; but all other 
 things, which were objects of mancipatio, were only 
 transferable in the presence of the parties, because 
 corporeal apprehension was a necessary part of the 
 ceremony. Gaius calls Mancipatio " imaginaria 
 qiiaedam venditio," for though the law required 
 this form for the transfer of the Quiritarian owner- 
 ship, the real contract of sale consisted in the agree- 
 ment of the parties as to the price. The party 
 who transferred the ownership of a thing pursuant 
 to these forms was said " mancipio dare he who 
 thus acquired the ownership was said " mancipio 
 accipcrc." The verb " mancipare" is sometimes 
 used as equivalent to " mancipio dare." Horace 
 {Ep. ii. 2, 159) uses the phrase " mancipat usus," 
 which is not an unreasonable license : he means to 
 say that " usus" or usucapion has the same effect 
 as mancipatio, which is true ; but usus only had 
 its effect in the case of Res Mancipi, where" there 
 had been no Mancipatio or In Jure Cessio. 
 
 Mancipatio is used by Gaius to express the act 
 of transfer, but in Cicero the word Mancipium is 
 used in this sense. (Cic. De Off. iii. 16 ; De Orat. 
 i. 39.) 
 
 The division of things into Res Mancipi and 
 Nec Mancipi, had reference to the formalities re- 
 
 quisite to be observed in the transfer of ownership. 
 It is stated in the article Dominium, what things 
 were things Mancipi. To this list may be added 
 children of Roman parents, who were according to 
 the old law Res Mancipi. [Mancipii Causa.] 
 The Quiritarian ownership of Res Mancipi could 
 only be immediately transferred by Mancipatio or 
 In Jure Cessio ; transfer by tradition only made 
 such things In bonis. The Quiritarian ownership 
 of Res nec mancipi was acquired by tradition only. 
 Quiritarian ownership is caUed mancipium by the 
 earlier Roman writers : the word dominium is first 
 used by later writers, as for instance Gaius. Manci- 
 patio could only take place between Roman citizens 
 or those who had the Commercium ; which in- 
 deed appears from the words used by the purchaser. 
 (Gaius, i. 119; Ulp. Frag. xix. 3.) 
 
 The old word then by which this formal transfer 
 of ownership was made was Mancipium, which 
 occurs in the Twelve Tables. (Dirksen, Ucl/enicht, 
 &c. p..395.) The word nexum or nexus is also 
 sometimes used in the same sense. Cicero {Top. 
 5) defines " Abalienatio" to be " ejus rei quae 
 mancipi est ;" and this is effected either by " tra- 
 ditio alteri nexu aut in jure cessio inter quos ea 
 jure civili fieri possunt." According to this defini- 
 tion " Abalienatio" is of a Res Mancipi, a class of 
 things determinate ; and the mode of transfer is 
 either by " traditio nexu" or by " in jure cessio." 
 These two modes correspond respectively to the 
 " mancipatio" and " in jure cessio" of Gaius (ii. 
 41), and accordingly mancipatio or the older term 
 mancipium is equivalent to " traditio nexu :" in 
 other words mancipium was a nexus or nexum. 
 Cicero {De Harusp. respo-iis. c. 7) uses both words 
 in the same sentence, where he speaks of various 
 titles to property, and among them he mentions 
 the Jus mancipii and Jus nexi. He may mean 
 here to speak of the Jus mancipii in its special 
 sense as contrasted with the Jus nexi which had a 
 wider meaning ; in another instance he uses both 
 words to express one thing. {Ad Fum. iv. 30.) Ac- 
 cording to Aelius Gallus, everything was "nexum" 
 " quodcunque per aes et libram geritur ;" and as 
 mancipatio was effected per aes et libram, it was 
 consequently a nexum. The form of mancipatio 
 by the aes and libra continued probably till Jus- 
 tinian abolished the distinction between Res 
 Mancipi and Res Nec Mancipi. It is alluded to 
 by Horace {Ep. ii. 2. 158), and the libra, says 
 Pliny (xxxiii. 3), is still used in such forms of 
 transfer. 
 
 When things were transferred mancipio the 
 vendor was bound to warranty in double of the 
 amount of the thing sold. (Paul. S. R. '\\. s. 16.) A 
 vendor therefore who had a doubtful title would 
 not sell by mancipium, but would merely transfer 
 by delivery, and leave the purchaser to obtain the 
 Quiritarian ownership of the thing by usucapion. 
 (Plant. Cure. iv. 2. 9 ; Persa, iv. 3. 55.) Accord- 
 ingly Varro observes {De Re Rusiica, ii. 10) that 
 if a slave was not transferred by mancipium, the 
 seller entered into a stipulatio dupli to be enforced 
 by the buyer in the case of eviction ; when the 
 transfer was by mancipium, this stipulation was 
 not necessary. The terms of the contract were 
 called Lex Mancipii, but it is not necessary to in- 
 fer from the passage of Cicero {De Or. i. 39), that 
 the Lex contained the penalty, but merely that 
 it contained what the seller warranted. (See Pro 
 Murena, c. 2.) 
 
592 MANDATUM. 
 
 It will easily result from what has been said 
 that mancipiiim may he used as equivalent to com- 
 plete ownership, and may thus be opposed to usus 
 as in a passage of Lucretius that has been often 
 quoted (iii. 985), and to fnictus (Cic. ad Fam. 
 vii. 29, 30). Sometimes the word mancipium 
 signifies a slave, as being one of the Res mancipi : 
 this is probablj' the sense of the word in Cicero 
 {Top. 5) and certainly in Horace {Ep. i. 6. 39). 
 Sometimes raancipia is used generally for Res 
 mancipi (Ulp. tit. xi. s. 2), unless Rem mancipi 
 is the right reading in that passage. 
 
 The subject of Mancipium and Mancipatio is 
 discussed by Com. Van BjTikershoek, Opusculuin 
 de Rehus Mancipi et Ncc Mancipi. [G. L.] 
 MANDA'TI ACTIO. [Mandatum.] 
 MANDA'TUM exists when one person com- 
 missions another to do something without reward, 
 and that other person undertakes to do it : and 
 generally it may be stated that whenever a man 
 gives a thing to another to do, which, if the thing 
 were to be done for pay {mems), would make the 
 transaction a contract of locatio and conductio, the 
 right to the actio mandati arises ; as if a man 
 gives clothes to a fuUo to be furbished up and 
 cleaned, or to a tailor {sarcinalor') to mend. The 
 person who gave the commission was the manda- 
 tor : he who received it, was the mandatarius. 
 The mandatum might be either on the sole account 
 of the mandator, or on another person's account, or 
 o;i the account of the mandator and another person, 
 or on account of the mandator and mandatarius, 
 or on the account of the mandatarius and another 
 person. But there could be no mandatum on the 
 account ((jratui) of the mandatarius only; as if a 
 man were to advise another to put his money out 
 to interest, and it were lost, the loser would have 
 no mandati actio against his adviser. If the advice 
 were to lend the money to Titius, and the loan 
 had the like result, it was a question whether this 
 was a case of mandatum ; but the opinion of Sa- 
 binus prevailed, that it was. It was not mandatum, 
 if the thing was contra bonos mores, or in other 
 words, if the object of the mandatum was an illegal 
 act. A mandatum might be general or special ; 
 and the mandatarius was bound to keep within 
 the limits of the mandatum. The mandator had 
 an utilis actio against such persons as the mandata- 
 rius contracted with ; and such persons had the 
 like action against the mandator ; and a directa 
 actio against the mandatarius. The mandator and 
 mandat;irius had also respectively a directa actio 
 against one another in respect of the mandatum : 
 the actio of the mandatarius might be for in- 
 demnity generally in respect of what he had done 
 bona fide. If the mandatarius exceeded his com- 
 mission, he had no action against the mandator ; 
 but the mandator in such case had an action for 
 the amount of damage sustained by the non-execu- 
 tion of the mandatum, provided it could have been 
 executed. The mandatum might be recalled, so 
 long as no part of it was performed {clmn adhuc 
 inter/ra res est). In the like case, it was also dis- 
 solved by the death of either party ; but if the 
 mandatarius executed the mandatum after the 
 death of the mandator, in ignorance of his death, 
 he had his action, of course, against the heres. 
 According to Cicero a mandati judicium was " non 
 minus turpc quam furti " (Pro Rose. Amer. c. 38); 
 which however would obviously depend on cir- 
 cumstances. [Inpamia.] 
 
 MANIPULUS. 
 
 Mandatum is sometimes used in the sense of a 
 command from a superior to an inferior. Under 
 the empire the Mandata Principum were the com- 
 mands and instructions given to governors of pro- 
 vinces and others. Frontinus {De Aquaeduct.) 
 classes the Mandata Principum, with Lex and 
 Senatusconsulta. 
 
 (Gaius, iii. 155—162, iv. 83, 84 ; Dig. 17. 
 tit. 1.) [G. L.] 
 
 MANDRAE. [Latrunculi.] 
 MANATfAS. [Lacerna.] 
 MA'NICA, a sleeve. Besides the use of sleeves 
 sewed to the tunic, which, when so manufactured, 
 was called Chiriiiota, or " manicata tunica," 
 (Ciu't. iii. 7. p. 12. ed. Zumpt), sleeves were also 
 worn as a separate part of the dress. Palladius 
 {de Re Rust. i. 43) mentions the propriety of pro- 
 viding " ocreas manicasque de pellibus," i. e. leg- 
 gins and sleeves made of hides, as useful both to 
 the huntsman and to the agricultural labourer. The 
 Roman gladiators wore, together with greaves, a 
 sleeve of an appropriate kind on the right ann and 
 hand (Juv. vi. 255), as is exhibited in the wood- 
 cuts at pages 45G, 457. 
 
 These parts of dress are mentioned together 
 even as early as the Homeric age (see Od. xxiv. 
 228, 229). In this passage the manicae (xc'p'Scj) 
 seem to be mittens, woni on the hands to protect 
 them from briars and thorns : and Eustathius, in 
 . his commentary on the passage, distinguishes be- 
 tween simple mittens, such as our labourers use in 
 hedging, and gloves, which he calls x^'p'Ses Sa/c- 
 TuAtoToi (p. IDGO. init.). 
 
 Gloves with fingers (diffHalia, Varro, de Re Rust'. 
 i. 55) were worn among the Romans for the per- 
 formance of certain manual operations. Pliny the 
 younger refers also to the use of manicae in winter 
 to protect the hands from cold {Epist. iii. 5). 
 Those used by the Persians were probably made 
 of fur, perhaps resembling muffs ; the Persians also 
 wore gloves in winter (SoKTuA7)6pas, Xen. Cyr(yp. 
 viii. 8. § 17). In an enumeration of the instru- 
 ments of torture used in the fourth centiuy of the 
 Christian era we observe "the glove" (Sjnies. 
 Epist. 58); but its construction or material is not 
 described. 
 
 Handcuffs were called manieae. ( Virg. Georq. iv. 
 439 ; Aen. ii. 146 ; Plant. Asin. ii. 2. 38 ; Capt. 
 iii. 5. I; Most. v. 1. 17; Non. MarceUus, s. v. 
 Manicae.) 
 
 Besides the tunica manicata with sleeves 
 reaching either to the elbow or to the wrist, of 
 which a description is given under Chiridota, 
 there was another variety, in which the sleeves 
 came down only a little below the shoulder (see 
 woodcut, page 309). The 'EHnMI'2 had a short 
 sleeve for the left arm only. The sleeves of the 
 Persian tunic [KA'NATS] were exceedingly wide. 
 
 [J. Y.] 
 
 MANI'PULUS. The original meaning of the 
 word, which is clearly derived from manus, was a 
 luindful or wisp of hail., straiv, /'em, or the like 
 (Virg. Georg. i. 400 ; iii. 297), and this, according 
 to Roman tradition, affixed to the end of a pole 
 formed the primitive military standard in the days 
 of Romulus (Ovid, Fast.m. 117; compare Plut. 
 Rom. 8 ; Aurel. Vict. Orig. gent. Rom.. 22 ; Donat. 
 in Terent. Eun. iv. vii. 61 ; Isidor, xviii. 3); hence 
 it was applied to a detachment of soldiers serving 
 under the same ensign (see Varro, Ling. hat. 
 v. 88; vi. 85, who connects it in this sense directly 
 
MANIPULUS. 
 
 MANIPULUS. 
 
 593 
 
 with manus) ; and when the ponderous mass of 
 the phalanx was resolved into small battalions 
 marshalled in open order these were termed 
 maiupuli (Niebuhr, Hid. of Rome, i. 460), and 
 varied in numbers at ditterent periods according to 
 the varying constitution of the legion. 
 
 1. The earliest account of their formation is 
 given in Livy (viii. 8), where the narrative is in 
 itself sufficiently intelligible, although the whole 
 chapter has been elaborately corrupted by Lipsius 
 and others, who were determined to force it into 
 accordance with the statements of Polybius, which 
 refer to the Roman army as it existed 200 years 
 later. According to the plain sense of the passage 
 in question, the legion in the year B. c. 377 was 
 drawn up in three lines as described on page 95. 
 
 The front line or hasiati consisted of 15 raanipuli, 
 each manipulus containing 62 soldiers, a centurion 
 and a vexillarius. The second line or prvicipes 
 consisted in like manner of 15 manipuli, this com- 
 bined force of 30 manipuli being comprehended 
 under the general appellation of antepilani. The 
 third line or triarii was also drawn up in IS divi- 
 sions, but each of these was triple, containing 3 
 manipuli, 3 vexilla, and 186 men. In these triple 
 manipuli the veterans or triarii proper formed the 
 front ranks; innnediately behind them stood the 
 rorarii inferior in age and renown, while the 
 acccnsi, less trustworthy than either, were posted 
 in the extreme rear. The battle array may be 
 thus represented. 
 
 I — 
 
 1 
 
 I 15 Manipuli 
 I of Hastati. 
 
 15 Manipuli 
 of Principes. 
 
 Triarii proper 
 
 Rorarii 
 
 Accensi . 
 
 1 — 
 
 1 
 
 1 
 
 1 
 
 
 r 
 
 n 
 
 L. 
 
 1 
 
 If the Hastati and Principes were successively 
 repulsed they retired through the openings left be- 
 tween the maniples of the triarii, who then closed 
 up their ranks so as to leave no space between 
 their maniples, and presented a continuous front 
 and solid column to the enemy: the heavy-armed 
 veterans in the foremost ranks with their long pila 
 now bore the bnmt of the onset, while the rorarii 
 and accensi behind gave weight and consistency to 
 the mass, an arrangement bearing evidence to a 
 lingering predilection for the principle of the pha- 
 lanx, and representing, just as we might expect at 
 that period, the Roman tactics in their transition 
 state. The only change made in the common 
 reading of Livy according to the above explana- 
 tion, is the substitution suggested by Stroth of 
 Ordo sexagenos miliies et duos, ceniurionem et venl- 
 larium unum for Ordo seccagenos militcs, duos ceiitu- 
 riones, &c., an emendation the truth of which seems 
 to be demonstrated by the context in the subse- 
 quent paragraph, where the triple vexillum or 
 manipuhis is said to have contained 1 86 men, i. e. 
 3 X 62. It must be observed that the words ordo, 
 manipidns, vexillum, are throughout the chapter 
 e;iiployed as synonymous, and they continued to be 
 used indifferently even in the time of Polybius (vi. 
 20), Ka! TO fxh fiepoi eicao-Toc iKaXfirav real 
 rayfia koI aireipav Kal ar]ij.aia.v. The numbers of 
 the legion thus described are stated by Livy at 
 5000 ; the calculation will stand as follows -.^ — 
 Hastati . . 15 x 62 = 930 
 Principes . 15 x 62 = 930 
 Triarii . . 15 x 186 = 2790 
 Centuriones et Vexiharii = 150 
 
 4800 
 
 The remaining 200 may have been skirmishers 
 not included in the manipular battalions ; or we 
 may suppose that Livy spoke in round numbers, 
 in which case instead of Scribebantur autem, quatuor 
 fere legiones quints millibus peditum, we should 
 
 I 1.5 triple 
 I ^Manipuli of 
 J Triarii. 
 
 —I / 
 
 adopt the almost necessary correction, Scribebantur 
 autem quatuor leyioncs quiuis fere millibus peditum- 
 
 2. In the thne of Polybius (b. c. 150) the legion 
 contained 2400 men, except in cases of great 
 emergency, when it was augmented to 5000. 
 (Polyb. vi. 20.) It was divided into 1200 hastati, 
 1200 principes, 600 triarii, the remaining 1200 
 being velitcs, who were distributed equally among 
 the three lines. When the legion exceeded 2400, 
 the numbers of the hastati, principes, and velites 
 were increased in proportion, the number of triarii 
 remaining always the same (GOO). The hastati, 
 principes, and triarii were subdivided eacli into 10 
 manipuli or ordincs, and in each manipulus there 
 were two centuriones, two opliones, and two signi- 
 feri : hence, when the legion consisted of 4200, a 
 manipulus of the hastati or of the principes would 
 contain 120 men including officers, and a manipidus 
 of the triarii in all cases 60 men onlj'. 
 
 3. At a subsequent period, probably during the 
 wars of Marius, certainly before the time of Caesar, 
 the practice of marshalling an army in three lines 
 was changed, and the terms hastati, principes, and 
 triarii fell into disuse. The legion, as explained 
 under Army, p. 95, was now divided into 10 
 coliortes, each cohors into 3 manipuli, and each 
 manipulus into 2 centuriae, the manipulus thus 
 constituting —th part of the whole. It ought to 
 be remarked that the locus classicus on this subject 
 (see p. 95) is a quotation by Aulus GcUius from 
 " Cincius de Re Militari." This Cincius is gener- 
 ally supposed to be the same person as Cmcius 
 Alimentus the annalist ; but this is manifestly 
 impossible, for Alimentus served during the second 
 Punic war, and Polybius, who flourished full fifty 
 years later, gives no hint of any such arrangement 
 of the Roman troops. 
 
 4. We may infer that manipulus maintained its 
 last-mentioned signification under the first em- 
 perors from Tacit. Ann. i. 34, where Gemianicus 
 when haranguing the mutipouslegions "adsistentem 
 
 2 Q 
 
.594 
 
 MANSIO. 
 
 MANUMISSIO. 
 
 contionem. f|uia pcniiixta videbatiir, disccdere in 
 manipulos jubet, . . . vexilla praeferri, ut id saltern 
 diseemeret coliortes but in A?in.xiv. 58 tho word 
 is applied more loosely to a detachment of 60 men 
 who were despatched under the command of a 
 centurion to Asia for the purpose of putting 
 Plautus to death. 
 
 .5. Vegetius (ii. 13) (a. d. 37.5) employs ?Bam- 
 palus as an antiquated term equivalent to contiiber- 
 7iium, indicating a company of 10 soldiers who 
 messed together in the same tent. 
 
 Isidonis (ix. 3) defines a manipulus to be a 
 body of 200 soldiers, which will apply to the 
 period when the legion contained 6000 men. See 
 on the whole of this subject Le Beau, Metnoire du 
 Maniple et ses parties in the Memoires de f Academic 
 des InscriptioTis, &c. T. xxxii. p. 279. The views, 
 however, of this writer are far from being unifonnly 
 correct. [ W. R.] 
 
 MA'NSIO (o-Tafl/wJs), a post-station at the end 
 of a day's journey. 
 
 The great roads, which were constructed first by 
 the kings of Persia and afterwards by the Romans, 
 were provided, at intervals corresponding to the 
 length of a day's journey, with establishments of 
 the same kind with the khans or caravanseras 
 which are still found in the East. There were 1 1 1 
 such stations on the road from Sardes to Susa 
 (Herod, v. .52, .53; vi. 118), their average distance 
 from one another being something less than 20 
 English miles. The khan, erected at the station 
 for the accommodation of travellers, is called by 
 Herodotus KardXvms and KaTaya>-yi\. To stop for 
 the night was KaraXveiv. (\en. Ariah. i. 8 ; Aelian, 
 V. H. i. 32.) As the ancient roads made by the 
 kings of Persia are stUl followed to a considerable 
 extent (Heeren, Idecn, i. 2. p. 193 — 203. 713 — 
 720), so also there is reason to believe that the 
 modern khan, which is a square building, enclosing 
 a large open court, surrounded by balconies with a 
 series of doors entering into plain unfurnished 
 apartments, and having a fountain in the centre of 
 the court, has l)een cojiied by uninterrupted custom 
 from the Persic KaraXvais, and that, whether on 
 occasion of the arrival of armies or of caravans, they 
 have always served to aiford a shelter during the 
 night both to man and beast. 
 
 The Latin term iminsio is derived from manerc, 
 signifying to pass the night at a place in travelling. 
 On the great Roman roads the mansiones were at 
 the same distance from one another as on those of 
 the Persian empire. They were originally called 
 casira, being probably mere places of encampment 
 fonncd by making earthen entrenchments. In 
 process of time they included not only barracks 
 and magazines of provisions (liorrca) for the troops, 
 but commodious buildings adapted for the reception 
 of travellers of all ranks, and even of the emperor 
 himself, if he should have occasion to visit them. 
 At these stations the cisiarii kept gigs for hire and 
 for conveying government dispatches. [CisiUM.] 
 The maiisio was under the superintendence of an 
 officer called mansionarius. 
 
 Besides the post-stations at the end of each 
 day's journey, there were on the Roman military 
 ways others at convenient intervals, which were 
 used merely to change horses or to take refresh- 
 ment, and which were called mukUiones{dK\aycd). 
 There were four or five mutationes to one mansio. 
 The Itincrariiim a Burdiyala Hicrusakm uscjuc, 
 which is a road-book drawn up about the time of 
 
 Constantine, mentions in order the mansiones from 
 Bourdeaux to Jerusalem with the intervenmg 
 mutaiioncs, and other more considerable places, 
 which are called either cmfafcs, vici,ov castella. The 
 number of leagues (leu(/ac) or of miles between one 
 place and another is also set do\vn. [J. Y.] 
 
 MANTE'LE {x^'-P^t''°-'^'''P'>^i X^'pf''/"°7"<"')> ^ 
 napkin. The circumstance, that forks were not 
 invented in ancient times, gave occasion to the 
 use of napkins at meals to wipe the fingers (Xeiu 
 Cyrop. i. 3. § 5 1 ) ; also when the meal was finish- 
 ed, and even before it commenced, an apparatus 
 was carried round for washing the hands. A basin, 
 called in Latin malluvium{Ye&tu&,s.v.),m^A in Greek 
 Xtpciif, x^P'"^<"'t or x^'P*'"'""''?'"' [XE'PNIV], 
 was held under the hands to receive the water, 
 wliich was poured upon them out of a ewer 
 (urccohts). Thus Homer describes the practice, 
 and according to the account of a recent traveller, 
 it continues unchanged in the countries to which 
 his description referred. (Fellows's Joimial, 1838, 
 p. 153.) The boy or slave who poured out the 
 water, also held the napkin or towel for wiping 
 the hands dry. The word mappa, said to be of 
 Carthaginian origin (Quintil. i. 5. 57), denoted a 
 smaller kind of napkin, or a handkerchief, which 
 the guests carried with them to table. (Hor. Sat. 
 II. iv. 81 ; II. viii. 63.) The mantele, as it was 
 larger than the mapqxi, was sometimes used as a 
 table-cloth. (Martial, xii. 29 ; xiv. 138.) [Coena, 
 p. 251.] An anecdote is preserved of Lucilius 
 the satirist, stating that, after he had been dining 
 with Laelius, he ran after him in sport with a 
 twisted napkin, or handkerchief, as if to strike 
 him {ohtorta mappa, Heindorf ad Hor. Sat. ii. i. 
 73). 
 
 The napkins thus used at table were commonly 
 made of coarse unbleached linen (wftoAiVcf), Athen. 
 ix. 79). Sometimes, however, they were of fine 
 linen (iKTplij.ij.aTa Ka/xirpd aivSovvtjnj, Philoxenus, 
 ap. Atk-n. ix. 77). Sometimes they were woollen 
 with a soft and even nap {to7isis majitelia rillis, 
 Virg. Georg. iv. 377 ; Aen. i. 702). Those made 
 of Asbestos must have been rare. The Romans 
 in the time of the emperors used linen napkins 
 embroidered or interwoven with gold (Lamprid. 
 Al. Sevcrus, c. 40), and the traveller already 
 quoted informs us that this luxury still continues 
 in the East. Napkins were also worn by women 
 as a head-dress, in which case they were of fine 
 materials and gay colours. (Athen. ix. 79-) These 
 were no doubt put on in a variety of elegant ways, 
 resembling those which are in use among the 
 females of Italy, Greece, and Asia Minor, at the 
 present day. [J. Y.] 
 
 MANTIKH'. [DiviNATio.] 
 MANU'BIAE. [Spolia.] 
 MANULEA'TUS. [Chiridota.] 
 MANUM, CONVENTIO IN. [Marriage 
 (Roman).] 
 
 MANUMI'SSIO was the form by which slaves 
 and persons In Mancipii causa were released from 
 those conditions respectivel)'. 
 
 There were three modes of effecting a Justa et 
 Legitima Manumissio, namely, Vindicta, Census, 
 and Testamentum, which are enumerated both by 
 Gains and Ulpian {Frag, i.) as existing in their 
 time. (Compare Cic. Top. 2, and Plautus Cas. ii. 
 8. 68.) Of these the Manumissio by Vindicta is 
 probably the oldest, and perhaps was once the only 
 mode of manumission. It is mentioned by Livy 
 
MANUMISSIO. 
 
 MANUMISSIO. 595 
 
 as in use at an early period (ii. 5), and indeed he 
 states that some persons refer the origin of the 
 . Vindicta to the event there related, and derive its 
 name from A' indicius ; the latter part, at least, of 
 the supposition is of no value. 
 
 The ceremony of the Manumissio by the Vin- 
 dicta was as follows : — The master brought his 
 slave before the magistratus, and stated the grounds 
 (miisa) of the intended manumission. Tlie lictor 
 of the magistratus laid a rod (fcstuca) on the head 
 of the slave, accompanied \vith certain formal words, 
 in which he declared that he was a free man ex 
 Jxue Quiritium, that is, " vindicavit in libertatem." 
 The master in the meantime held the slave, and 
 after he had pronounced the words " hunc ho- 
 rainom liberum volo," he turned him round (mo- 
 menlo turhinii eorit JSInrcus Duma, Persius, Sat. v. 
 78) and let him go (emisit e manu), whence the 
 general name of the act of manumission. The 
 magistratus then declared him to be free, in refer- 
 ence to which Cicero (ad Alt. vii. 2) seems to use 
 the word " addicere." The word Vindicta itself, 
 whicii is properly the res rimlu'aia, is used for fes- 
 tuca by Horace (Sat. ii. 7. 76). Plautus {Mil. Glor. 
 iv. 1. 15) uses festuca. 
 
 It seems highly probable that this form of Manu- 
 missio was framed after the analogy of the In jure 
 vindicationes (Gains, i v. 16); and that the lictor 
 in the case of manumission represented the opposite 
 claimant in the vindicatio. (See Unterholzner, 
 Von den formen dcr JMaJiuniissio per Vindidam uml 
 Emancipatio, Zeitschrift, ii. 1 39.) 
 
 As for the explanation of the word Vindicta see 
 ViNDiciAE and Vindicatio. 
 
 The Manumissio by the Census is thus briefly 
 described by Ulpian : " Slaves were formerly 
 mammiitted by census, when at the lustral census 
 (lustrali censu) at Rome they gave in their census 
 (some read nomen instead of census) at the bidding 
 of their masters." Persons In mancipio might also 
 obtain their manumission in this way. (Gaius, i. 
 140.) 
 
 In the absence of decisive testimony as to the 
 origin of these two modes of manumissio, modem 
 writers indulge themselves in a variety of conjec- 
 tures. It may be true that originally the manu- 
 mission by Vindicta only gave libertas and not 
 civitas ; but this opinion is not probable. It maj^ 
 easily be allowed that in the earliest period the 
 ci\-itas could only be conferred by the sovereign 
 power, and that therefore there could be no effec- 
 tual manumission except by the same power. But 
 the form of the Vindicta itself supposes, not that 
 tlie person manumitted was a slave, but that he 
 was a free person, against whose freedom his 
 master made a claim. The proceeding before the 
 magistratus was in form an assertion of the 
 slave's freedom (manu asserere liberali causa, 
 Plaut. Pncn. iv. 2. 83, &c.), to which the owner 
 made no defence, but he let him go as a free man. 
 The proceeding then resembles the In Jure Cessio, 
 and was in fact a fictitious suit in which freedom 
 Qiherias) was the matter in issue. It followed as 
 a consequence of the fiction, that when the magis- 
 tratus pronounced in favour of freedom Ex jure 
 Quiritium, there could be no dispute about the 
 Civitas. 
 
 In the case of the Census the slave was register- 
 ed as a citizen with his master's consent. The 
 assumption that the Vindicta must have originally 
 preceded the Census, for wliich there is no evi- 
 
 dence at all, is inconsistent with the nature of the 
 proceeding, which was a registration of the slave, 
 with his master's consent, as a citizen. A question 
 might arise whether he should be considered free 
 immediately on being entered on the censors' roll, 
 or not untU the lustrum was celebrated (Cic. de Or. 
 i. 40) ; and this was a matter of some importance, 
 for his acquisitions were only his own from the 
 time when he became a free man. 
 
 The law. of the Twelve Tables confirmed free- 
 dom which was given by will (tcstamentuni). Free- 
 dom (lilicrtas) might be given either dirccio, that 
 is, as a legacy, or by way of fideicommissum. The 
 slave who was made free directo, was called orcinus 
 libcrtus (or horcinus, as in Ulp. Frag.), for the 
 same reason perhaps that certain senators were 
 called Orcini. (Sueton. Octav. 35.) He who re- 
 ceived his libertas by way of fideicommissum, was 
 not the libertus of the testator, but of the person 
 who was requested to manumit him (manumissor) : 
 if the heres, who was requested to manumit, re- 
 fused, he might be compelled to maniunit on appli- 
 cation being made to the proper authority. Liber- 
 tas might be given by fideicommissum to a slave of 
 the testator, of his heres, or of his legatee, and also 
 to the slave of any other person (extraiwun). In 
 case of libertas being thus given to the slave of 
 any other person, the gift of libertas was extin- 
 guished, if the owner would not sell the slave at a 
 fair price. A slave who was made conditionally 
 free by testament, was called Statu liber, and he 
 was the slave of the heres until the condition was 
 fulfilled. If a Statu liber was sold by the heres, 
 or if the ownership of him was acquired by usu- 
 capion, he had still the benefit of the condition : this 
 provision was contained in the Law of the Twelve 
 Tables. If a slave was made free and heres by 
 the testator's will, on the death of the testator he 
 became both free and heres, whether he wished it 
 or not. [Heres.] 
 
 The Lex Aelia Sentia laid various restrictions on 
 manimiission. Among other things it enacted that 
 a slave under thirty years of age should not be- 
 come a Roman citizen b}' manumission, unless the 
 grounds of manumission were approved before a 
 body called Consilium, and the ceremony of vin- 
 dicta was observed. This consilium at Rome con- 
 sisted of five senators and five equites, all pubercs ; 
 and in the provinces of twenty Recuperatores, who 
 were Roman citizens. If an insolvent master 
 manumitted by testament a slave under thirty 
 years, and at the same time made him his heres, 
 the lex did not apply. This lex also annulled all 
 manumissions made for the purpose of cheating 
 creditors and defrauding patrons of their rights. 
 The ceremony of manumitting slaves above thirty 
 years of age had become very simple in the time of 
 Gaius (i. 20): it might be in the public road (in 
 transihi), as when the praetor or proconsid was go- 
 ing to the bath or the theatre. In fact it was not 
 the place which detennined the validity of such 
 an act, but it was the circumstance of its being 
 done before a competent authority : hence it could 
 take place before municipal magistratus who had 
 the legis actio. The Romans never lost sight of 
 the real ground-work of their institutions, what- 
 ever changes might be made in mere forms. The 
 Lex Aelia Sentia also prevented persons under 
 twenty years of age from manumitting slaves, ex- 
 cept by the vindicta, and with the approbation of 
 the consilium. [Aelia Sentia.] 
 
 2 Q 2 
 
596 MANUMISSIO. 
 
 MANUS INJECTIO. 
 
 The Lex Furia or Fusia Caninia fixed limits to 
 the number of slaves who could be manumitted by 
 will. The number allowed was a half, one third, 
 one fourth, and one fifth of the whole number that 
 the testator possessed, aecordinf; to a scale fixed by 
 the lex. As its provisions only applied to cases 
 where a man had more than two slaves, the owner 
 of one slave or of two slaves was not affected by 
 this lex. It also provided that the slaves to whom 
 freedom was given, should be named. This lex 
 only applied to manumission by testament. It 
 was passed about A. D. 7, and several senatuscon- 
 sulta were made to prevent evasions of it. (Sueton. 
 Odav. 40; Gaius, i. 4().) This lex was repealed 
 by Justinian. (Cod. v. tit. 3. De kyc Fus. Can. tol- 
 lenda.) 
 
 A form of manumission " inter amicos " is allud- 
 ed to by Gaius. This was in fact no legal manumis- 
 sion, but it was a mere expression of the master's 
 wish, which woidd have been sufficient in the ab- 
 sence of all positive law. This might be done by 
 inviting the slave to table, writing hira a letter, or 
 in any other less formal way. It is stated that 
 originally such a gift of freedom could be recalled, 
 as to which there can be no doubt, as it was not 
 legal freedom ; but ultimately the praetor took per- 
 sons who liad been made free in tliis manner under 
 his protection, and the Lex Junia Norbana gave 
 them the status called Latinitas. 
 
 A Manumissio sacrorum causa, is sometimes 
 mentioned as a kind of manumission, whereas the 
 words Sacrorum causa point rather to the grounds 
 of the manumission : the form might be the usual 
 form. (Fes.tus,s.v.Ma)iumitti,Puri; Savigny, Zfii- 
 sc/irl/l, iii. 402.) 
 
 Besides the due observance of the legal forms, it 
 was necessary in order to etfect a complete manu- 
 mission that the manumissor should have the Qui- 
 ritarian ownership of the slave. If the slave was 
 merely In bonis, he only became a Latinus by 
 mammiission. A woman in tutela, and a pupillus 
 or pupilla could not manumit. If several persons 
 were joint owners (socii) of a slave, and one of them 
 manumitted the slave in such form as would have 
 eft'ected complete manumission, if the slave had 
 been the sole property of the manumissor, such 
 manumissor lost his share in tlie slave which ac- 
 crued to the other joint owner or joint owners. 
 Justinian enacted that if only one joint owner was 
 willing to manumit a slave, the others might be 
 compelled to manumit on receiving the price fixed 
 by law for their shares. If one person had the 
 Hsusfructus and another the property of a slave, 
 and the slave was manumitted by him who had 
 the property, he did not become free till the usus- 
 fructus had expired ; in the meantime, however, he 
 had no legal owner {domiuus). 
 
 The act of manumission established the relation 
 of Patronus and Libertus between the manmnissor 
 and the manumitted. When manumitted by a 
 citizen, the Libertus took the praenomen and the 
 gentile name of the manumissor, and became in a 
 sense a member of the Gens of his patron. To 
 these two names he added some other name as a 
 cognomen, cither some name by whicli he Avas pre- 
 viously known, or some name assumed on the occa- 
 sion : thus we find the names M. TuUius Tiro, P. 
 Terentius Afer, and other like names. If he was 
 manumitted by tlie state as a Servus publicus, he 
 received the civitas and a praenomen and gentile 
 name, or ho took that of tlie magistratus before 
 
 whom he was manumitted. The relation between 
 a Patronus and Libertus is stated under Pa- 
 tronus. 
 
 At the time when Gaius wrote, the peculiar 
 rights of Roman citizens were of less importance 
 than they had been under the republic. He states 
 that all slaves who were manumitted in the proper 
 form and under the proper legal conditions, became 
 complete Roman citizens. But this could not have 
 been so in the earliest ages. The liljerti of the 
 plebeians, for instance, before their masters obtain- 
 ed the lionores, could not be in a better condition 
 than those who manumitted them, and their mas- 
 ters had not then the complete civitas. The want 
 of ingenuitas also affected their status ; but this 
 continued to be the case even under the empire. 
 [Ingbnui.] 
 
 Before the year B.C. 311, the libertini had not 
 the suffragium, but in that year the censor Appius 
 Claudius gave the libertini a place in the tribes, 
 and from this time the libertini had the suffragium 
 after they were duly admitted on the censors' roll. 
 (Plut. Poplkol. 7 ; Liv. ix. 46 ; Diod. xx. 36.) 
 In the year B. c. 304, they were placed in the 
 tribus urbanae, and not allowed to perfonn military 
 service. In the censorship of Tiberius Gracchus, 
 B. c. 169, they were placed in one of the tribus 
 urbanae detennined by lot (Liv. xlv. 15), or as 
 Cicero (de Or. i. 9) expresses it, the father of 
 Tiberius and Caius Sempronii transferred the liber- 
 tini (mdu atffic verho) into the tribus urbanae. 
 Subsequently by a law of Aemilius Scaurus, about 
 B. c. 116, they were restored to the four city tribes, 
 and this remained their condition to the end of the 
 republic, though v.irious attempts were made to 
 give them a better suffrage. 
 
 A tax was levied on manumission by a Lex 
 Manila, b. c. 357 : it consisted of the twentieth 
 part of the value of the slave, hence called Vicesi- 
 ma. (Liv. vii. 16 ; xxvii. x. ; Cic. ad Att. ii. 16.) 
 
 [G. L.] 
 
 MANUS FERREA. [Harpago.] 
 MANUS INJE'CTIO is one of the five modi 
 or forms of the Legis Actio according to Gaius (iv. 
 ] 2). It was in eftect, in some cases, a kind of 
 execution. The judicati manus injectio was given 
 by the Twelve Tables. The plaintiff {ador) laid 
 hold of the defendant, using the formal words 
 " Quod tu mihi judicatus sive damnatus es sester- 
 tium X milia quae dolo malo non solvisti ob earn 
 rem ego tibi sestertium x milia judicati manus 
 injicio." The defendant who had been condemned 
 in a certain sum, had thirty days allowed him to 
 make payment in, and after that time he was liable 
 to the manus injectio. The defendant was not 
 permitted to make any resistance, and his only 
 mode of defence was to find some responsible per- 
 son [vindfx) who would undertake his defence (]>ro 
 eo Icye ai/ere). If he found no ■s'index, the plaintiff 
 or creditor, for such the judgment really made him, 
 might carry the defendant to his house and keep 
 him in confinement for sixty days, during which 
 time his name and the amount of his debt were 
 proclaimed at three successive nundinae. If no 
 one paid the debt, the defendant might bo put to 
 death or sold. (Gell. xx. 1.) According to the 
 words of the Twelve Tables, the person nmst be 
 brought before the Praetor (mjui), which of course 
 means that he must be seized first : if when 
 brought before the praetor, he did not pay the 
 money (>«' judkulum solvit) or find a vindcx, he 
 
MARRIAGE (GREEK). 
 
 might be carried off and put in chains, apparently 
 without the fonnality of an addictio. The Lex 
 Publilia, evidently following the analogy of the 
 Twelve Tables, allowed the manus injcctio in the 
 case of mone}' paid by a sponsor, if the sponsor was 
 not repaid in six months. The Lex Furia de 
 Sponsu allowed it against him who had exacted 
 from a sponsor more than his just proportion 
 (virilis pars). These and other leges allowed the 
 manus injectio/jro judicato, because in these cases 
 the claim of the plaintiff was equivalent to a claim 
 of a res judicata. Other leges granted the manus 
 injectio pura, that is, non pro judicato, as the Lex 
 Furia Testamentaria and the Marcia adversus 
 feneratores. But in these cases the defendant might 
 withdraw himself from the manus injectio {mumim 
 sibi depellcrc), and defend his cause ; but it would 
 appear that he could only relieve himself from this 
 seizure, by actually inidertaking to defend himself 
 by legal means. Accordingly, if we follow the 
 analogy of the old law, it was in these cases an 
 execution if the defendant chose to let it be so ; 
 if he did not, it was the same as serving him 
 with process to appear before the Praetor. A lex, 
 the name of which is obliterated in Gains, allowed 
 the person seized to defend his own cause except 
 in the case of a " judicatus," and " is pro quo 
 depensum est ;" and consequently in the two latter 
 cases even after the passing of this lex, a man was 
 bound to find a vindex. This continued the practice 
 so long as the Legis Actiones were in use ; 
 " whence," says Gains (iv. 25), " in our time a 
 man ' cum quo judicati depensive agitur' is com- 
 pelled to give security 'judicature solvi.'" From 
 this we may conclude that the vindex in the old 
 time was liable to pay, if he could find no good de- 
 fence to the plaintiff's claim ; for as the vindex 
 could " lege agere," though the defendant could not, 
 we must assume that he might show, if he could, 
 that the plaintiff had no ground of complaint ; as, 
 for instance, that he had been paid ; and that if 
 he had no good defence, he must pay the debt I 
 himself. [G. L.] 
 
 MAPPA. [Mantele.] 
 
 MA'PIS or MA'PHS (Hesych. fidpiaTuv), a 
 Greek measure of capacity, which, according to 
 Pollux (i. 10) and Aristotle {Hist. An. viii. 9), 
 contained 6 cotylae, = •2-973 pints. Polyaenus 
 mentions a much larger measure of the same name, 
 containing 10 congii, = 7 galls., 3-471 pints. 
 (Wurm, p. 134.) [P. S.] 
 
 MARRIAGE (GREEK) (raVo?). The ancient 
 Greek legislators considered the relation of marriage 
 as a matter not merely of private, but also of public 
 or general interest. This was particularly the case 
 at Sparta, where the subordination of private in- 
 terests and happiness to the real or supposed exi- 
 gencies of the state was strongly exemplified in the 
 regulations on this subject. For instance, by the 
 laws of Lycurgus, criminal proceedings might be 
 taken against those who married too late (ypacfn) 
 o'f/tya/j.iov) or unsuitably {ypa<prl KaKoya/Miou), as 
 well as against those who did not marry at all 
 (ypaipri dyafi'iov). ( Pollux, viii. 40 ; Plut. Lijcur. 
 c. 15.) These regulations were founded on the 
 generally recognised principle, that it was the duty 
 of every citizen to raise up a strong and healthy 
 progeny of legitimate children to the state. (Mul- 
 ler, Dorkiiis, iv. 4. § 3.) So entirely, in fact, did 
 the Spartans consider the T6/fi/07roi(o, or the pro- 
 duction of children, as the main object of marriage. 
 
 MARRIAGE (GREEK). 597 
 
 and an object which the state was bound to pro- 
 mote, that whenever a woman had no children by 
 her own husband, she was not only allowed, but 
 even required by the laws, to cohabit with another 
 man. (Xen. de Rep. Lac. i. 8.) On the same 
 principle, and for the purpose of preventing 
 the extinction of his family, the Spartan king, 
 Anaxandrides, was allowed to cohabit with two 
 wives, for whom he kept two separate establish- 
 ments : a case of bigamy, which, as Herodotus 
 (vi. 39, 40) observes, was not at all consistent 
 with Spartan nor indeed with Hellenic customs. 
 Thus the heroes of Homer appear never to have 
 had more than one KovpiSlri dKoxos (Butmann, 
 Lcj-il, 73) ; though they are frequently repre- 
 sented as living in concubinage with one or more 
 iraWaKu'i. Solon also seems to have viewed mar- 
 riage as a matter in which the state had a right to 
 interfere, for we are told that his laws allowed of a 
 ypa<pij dyafjLwv, though the regulation seems to 
 have grown obsolete in later times ; at any rate 
 there is no instance on record of its application. 
 (Platner, Process, &c. ii. p. 248.) Plato too may- 
 be quoted to prove how general was this feeling, 
 for according to his laws {Leg. iv. p. 721), any one 
 who did not marry before he was thirty-five was 
 punishable not only with drifiia, but also with 
 pecuniary penalties; and he expressly states that 
 in choosing a wife every one ought to consult the 
 interests of the state, and not his own pleasure. 
 {Leg. vi. 773.) 
 
 But independent of any public considerations 
 there were also private or personal reasons (peculiar 
 to the ancients) which made marriage an obliga- 
 tion. Plato (/. c.) mentions one of these, viz., 
 the duty incumbent upon every individual to pro- 
 vide for a continuance of representatives to succeed 
 himself as ministers of the l)ivinity (t^ ©esJ uTrrj- 
 peraj dv6' avToS TrapaSiSdfat). Another was the 
 desire felt by almost every one, not merely to per- 
 petuate his own name, but also to prevent his 
 *' heritage being desolate, and his name being cut 
 off " {onus |Ut) (^ep7ifiu(rtoai rods <T<p€Tepwp avTwv 
 OiIkovs), and to leave some one who might make 
 the customary offerings at his grave (oAV lo-rat 
 Tis Kat 6 ivayidv, Isaeus, de Apoll. Hcred. p. 66. 
 Bek.). We are told that with this view childless 
 persons sometimes adopted children. 
 
 The choice of a wife among the ancients was 
 but rarely grounded upon affection, and scarcely 
 ever could have been the result of previous ac- 
 quaintance or familiarity. In many cases a father 
 chose for his son a bride whom the latter had 
 never seen, or compelled him to marry for the 
 sake of checking his extravagances. Terence {An- 
 dria, i. 5) thus illustrates the practice: — 
 " Pater praeteriens modo 
 Mihi apud fomm, uxor tibi ducenda est, Pamphile, 
 hodie inquit : para." 
 
 In Plautus {Trmum.Y. 2.59) a son promises 
 his father that he will marry in these words : — 
 " Ego ducam, pater : etiam si quam aliam jubebis." 
 Representations of this sort may indeed be con- 
 sidered as exaggerations, but there must have been 
 scenes in real life to which they in some measure 
 correspond. Nor was the consent of a female to a 
 match proposed for her generally thought neces- 
 sary : she was obliged to subtnit to the wishes of 
 her parents, and receive from them, it might be a 
 stranger for her husband and lord. Sophocles 
 
598 MARRIAGE (GREEK). 
 
 MARRIAGE (GREEK). 
 
 thus describes the lot of women in this respect : — 
 " When we are grown up (he makes a female say) 
 we are driven away from our parents and paternal 
 gods," 
 
 Koi ravT, eireiSac €v<f>poi'Tj feulj) f^iot, 
 Xpecai' fTTatveiv, Kai Sokcic Ka\as ex^f. 
 
 Fray. Tercus. 
 So also in Euripides {Androm. 951) Hermione de- 
 clares that it is her father's business to provide a 
 husband for her. The result of marriages con- 
 tracted in this manner would naturally be a want 
 of confidence and mutual understanding between 
 husband and wife, until they became better ac- 
 quainted with, and accustomed to, each other. 
 Xenophon (Occo7(. 7. 10) illustrates this with much 
 naivete in the person of Ischomachus, who says of 
 his newly married wife : — " When at last she was 
 manageable (xeipoTjflTjs), and getting tame so that 
 I could talk witli her, I asked her," &c., &c. By 
 the Athenian laws a citizen was not allowed to 
 marry with a foreign woman, nor conversely, under 
 very severe penalties(Demosth.cA''e(«;/-. 1350); but 
 proximity by blood (d7Xi<''T6i'o), or consanguinity 
 {^criryyivfia), was not, with some few exceptions, 
 a bar to marriage in any part of Greece ; direct 
 lineal descent was. (Isaeus, de Ciron. Iter. p. 72.) 
 Thus brothers were permitted to marry with sisters 
 even, if not o/j.ofx'^Tpiot, or born from the same 
 mother, as Cimon did with Elpinice, though a 
 connection of this sort appears to have been looked 
 on with abhorrence. (Becker, C/iuri/des, ii. 448.) 
 In the earlier periods of society, indeed, we can 
 easily conceive that a spirit of caste or family pride, 
 and other causes, such as the difficulties in the 
 way of social intercourse, would tend to make mar- 
 riages frequent amongst near relations and connec- 
 tions. (Compare Numbers, c. xxxvi.) At Athens, 
 however, in the case of a father dying intestate, and 
 without male children, his heiress had no choice in 
 marriage ; she was compelled by law to marry her 
 nearest kinsman not in the ascending line ; and if 
 the heiress were poor (S^cira) the nearest unmar- 
 ried kinsman either married her or portioned her 
 suitably to her rank. When there were several 
 coheiresses, they were respectively married to their 
 kinsmen, the nearest ha^^ng the first choice. 
 ['Eni'KAHPOS.] The heiress in fact, together 
 with her inheritance, seems to have belonged to 
 the kinsmen of the family, so that in early times 
 a father could not give his daughter (if an heiress) 
 in marriage without their consent. (Miiller, Do- 
 rians, ii. 10. § 4.) But this was not the case accord- 
 ing to the later Athenian law (Demosth. c. Sleph, 
 p. 1134), by which a father was empowered to 
 dispose of his daughter by will or otherwise ; just 
 as widows also were disposed of in marriage, by 
 the will of their husbands, who were considered 
 their rightful guardians (Kvptot). (Demosth. c. 
 Ap/iob. 814.) 
 
 The same practice of marrying in the family 
 (oTkos), especially in the ease of heu'esses, prevail- 
 ed at Sparta ; thus Leonidas married the heiress of 
 Cleomenes,as being her dyx'<'^'''(iii, or next of kin, 
 and Anaxandrides his own sister's daughter. 
 Moreover, if a father had not determined himself 
 concerning his daughter, it was decided by the 
 king's court, wlio among the privileged persons or 
 mcmbersof the same fauuly should marry the heiress. 
 (Herod, vi. 57 ; Miiller, I. c.) A striking resem- 
 blance to the Athenian law respecting lieiresses 
 is also found in the Jewish code, as detailed in 
 
 Numbers (c.xxvii. 1 — 11), and exemplified in Ruth 
 (c. iv). 
 
 But match-making among the ancients was not, 
 in default of any legal regulations, entirely left to 
 the care and forethought of piurents, for we read of 
 women who made a profession of it, and who were 
 therefore called ■npofivfiurpiai or irpofj-vritTrpiZes. 
 (PoUux, iii. 31.) The profession, however, does 
 not seem to have been thought very honourable 
 nor to have been held in repute, as being too 
 nearly connected with, or likely to be prostituted 
 to, irpoaywye'ia. (Plato, Tliecu-t. 2. p. 150.) 
 
 Particular days and seasons of the year were 
 thought auspicious and favourable for marriage 
 amongst the Greeks. Aristotle {Pulit. vii. 15) 
 speaks of the winter generally as being so consi- 
 dered, and at Athens the month TaiJ.t\\idiv, partly 
 corresponding to our January, received its name 
 from marriages being frequently celebrated in it. 
 Hesiod (Opcr. 800) recommends marrying on the 
 fourth day of the month, 
 
 'Ev Se Terdprri fxt)vd% ay€(r8at is oIkov &koitiv. 
 but whether he means the fourth from the begin- 
 ning or end of the month is doubtful. Euripides 
 {Iphiy. in Aul. 707) speaks as if the time of the 
 full moon were thought favourable, 
 
 orav aeKvvris evTvxn^ '^^p kvk\os. 
 in which he is confirmed by the expression Sixo- 
 /uiji'i'Scs €(77r€poi, or the fuU-moon nights in Pin- 
 dar. (Isth. vii. 45.) That this prepossession, how- 
 ever, was not general and permanent appears from 
 Proclus (ad Hesiod. Oper. 782), who informs us 
 that the Athenians selected for marriages the times 
 of new moon (ras irpos ffvvoSou tj/xipas), i. e. 
 when the sun and moon were in conjunction. 
 
 There was also some difference of opinion, on 
 which it is not worth while to dilate, about the 
 proper age for marrying ; but generally speaking 
 men were expected to marry between 30 and 35, 
 and women about 20 or rather before. (Plato, Leg. 
 vi. p. 785.) 
 
 We proceed now to explain the usual prelimi- 
 naries and accompaniments of marriage in various 
 parts of Greece. The most important preliminary 
 at Athens was the eyyvritrts or betrothal, which 
 was in fact indispensable to the complete validity 
 of a marriage contract. It was made by the natural 
 or legal guardian (o Kiipios ) of the bride elect, and 
 attended by the relatives of both parties as wit- 
 nesses. The law of Athens ordained, that all 
 children bom from a marriage legally contracted in 
 this respect should be yv{\aio\. (Demosth. c. Stepli. 
 1134), and consequently, if sons, laofxoiput, or 
 intitled to inherit equally or in gavelkind. 
 It would seem, therefore, that the issue of a mar- 
 riage without espousals would lose their heritable 
 rights, which depended on their being bom 
 durrjs Kal 4yyvriTrjs ywaiKos : i. e. from a citizen 
 and a legally betrothed wife. The wife's dowry 
 was also settled at the espousals. (Meier and Schii- 
 man, p. 415.) 
 
 But there were also several ceremonies observed 
 either on or immediately before the day of mar- 
 riage. The first of these were the TrporeAeia 70- 
 /j-iDV or Tvpoydfj-eia (Pollux, iii. 38), and consisted 
 of sacrifices or offerings made to the ©eoi ya/xrlKini 
 or divinities who presided over marriage. They 
 are generally supposed to have been made on the 
 day before the ydixos or marriage ; but there is a 
 I passage in Euripides {/pkig. in Aul. 0'42) which 
 
MARRIAGE (GREEK). 
 
 makes it probable that this was not always the 
 case. The sacrificer was the father of the bride 
 elect ; the divinities to whom the offeiing was made 
 were, according to Pollux (iii. 381), Hera and 
 Artemis, and the Fates, to whom the brides elect 
 then dedicated the dirapxal of their hair. Accord- 
 ing to Diodorus Siculus (v. 73) they were Zeus 
 and Hera reAei'a (Juno pronuba) ; but they pro- 
 bably yaried in different countries, and were some- 
 times the @eo\ iyx<«pioi or local deities. The 
 offerings to Artemis were probably made with a 
 view of propitiating her, as she was supposed to 
 be averse to marriage. [See BPATPnNl'A, p. lO'O.] 
 We may also observe that PoUux uses ■npoya.jj.eia 
 as synonymous with TrporeAeio, making ydfj-os 
 identical with reKos, as if marriage were the TtAos 
 or perfection of man's beLiig : whence TeXeios con- 
 nected with or presiding over marriage or a mar- 
 ried person, and Sofios rifineKtfs a house without a 
 husband or incomplete. (Horn. //. ii. v. 701.) 
 Another ceremony of almost general observance on 
 the wedding day, was the bathing of both the bride 
 and bridegroom in water fetched from some par- 
 ticular fountain, whence, as some thiidi, the 
 custom of placing the figure of a KovTpo(f)6pos or 
 " water-carrier" over the tombs of those who 
 died unman-ied. [AOTTPO'N, p. 578.] After 
 these preUrainaries the bride was generally con- 
 ducted from her father's to the house of the bride- 
 groom at nightfall, in a chariot (e(p' dfid^ris) drawn 
 by a pair of mules or oxen, and furnished with a 
 K\ivis or kind of couch as a seat. On either side 
 of her sat the bridegroom, and one of his most in- 
 timate friends or relations, who from his office was 
 called irapdvvfupos or >'Ujit</)euTrfs ; but as he rode 
 in the carriage (oxw) with the bride and bride- 
 groom, he was sometunes called the Trdpoxos 
 (6 fK Tp'nov 6 trapoxovfiivos irdpoxos eVAtJOt), 
 Harpocr. s. v.). Hence Aristophanes (Aves, 17 '65) 
 speaks of the " blooming Love guiding the supple 
 reins," when Zeus was wedded to Hera, as the 
 Ztjtos Trdpoxo! ydp-uv Trjs t evSaifiovos "Upas. 
 
 The nuptial procession was probably accom- 
 panied, according to circumstances, by a number of 
 persons, some of whom carried the nuptial torches 
 (So5es i'vj.i.<piKa'i, Aristoph. Pux, 1318) ; and in 
 some places, as in Boeotia, it was customary to 
 bum the axle of the carriage on its arrival at the 
 bridegroom's house, as a symbol that the bride was 
 to remain at home and not go abroad. (Plutarch, 
 Quaest. Mom. p.] 11.) If the bridegroom had been 
 married before, the bride was not conducted to 
 his house by himself, but by one of his friends, 
 who was therefore called vujupaywyos. (Hesych. 
 s. v.; Pollux, iii. 40.) 
 
 Both bride and bridegroom (the former veiled) 
 were of course decked out in their best attire, with 
 chaplets on their heads (Becker, Cliarikhs, ii. 
 467), and the doors of their houses were hung 
 with festoons of ivy and bay. (Plut. Aniat. 10. 
 p. 27.) As the bridal procession moved along, the 
 Hymenaean song was sung to the accompaniment 
 of Lydian flutes, even in olden times, as beautifully 
 described by Homer (//. xviii. 490 ; Hes. Scut. Hun: 
 •273, and Chorus, p. 225), and the married 
 pair received the greetings and congratulation 
 of those who met them. (Aristoph. /Vr, 131().) 
 After entering the bridegroom's house, into which 
 the bride was probably conducted by his mother 
 bearing a lighted torch (Eurip. Plioenis, v. 311), 
 it was custom;u-y to shower sweetmeats upon thorn 
 
 MARRIAGE (GREEK). 599 
 
 (/caTaxu(TA"i[To) as emblems of plenty and pro- 
 sperity. (Schol. ml Ariskipk. Plicl. 70"8.) 
 
 After this came the ydjxos or nuptial feast, the 
 doivri yaixLK-/i, which was generally (Becker, Chari- 
 Idrs, ii.4C9) given in the house of the bridegroom or 
 his parents ; and besides being a festive meeting, 
 served other and more important purposes. There 
 was no public rite whether civil or religious con- 
 nected with the celebration of marriage amongst 
 the ancient Greeks, and therefore no public record 
 of its solemnisation. This deficiency then was sup- 
 plied by the marriage feast, for the guests were of 
 course competent to prove the fact of a marriage 
 having taken place ; and Demosthenes (c. Onet. 
 p. 869) says they were invited partly with 
 such views. To this feast, contraiy to the 
 usual practice amongst the Greeks, women were 
 invited as well as men ; but they seem to have 
 sat at a separate table, with the bride still veil- 
 ed amongst them. (Lucian, Coiiviv. 8 ; Athen- 
 aeus, xiv. p. G44.) At the conclusion of this feast 
 she was conducted by her husband into the bridal 
 chamber ; and a law of Solon (Plutarch, in vit. 
 c. 20) required that on entering it they should eat 
 a quince together, as if to inilicate that their con- 
 versation ought to be sweet and agreeable. The 
 song called the Epithalamium was then sung before 
 the doors of the bridal chamber, as represented by 
 Theocritus in his 18th Idyl, where, speaking of 
 the marriage of Helen, he says — 
 
 Twelve Spartan virgins, the Laconian bloom. 
 Choired before fair Helen's bridal room — 
 To the same time with cadence true they beat 
 The rapid round of many twinkling feet, 
 One measure tript, one song together sung. 
 Their hymenean all the palace rung. 
 
 Chapman. 
 
 On which passage the Scholiast remarks that Epi- 
 thalaniia are of two kinds ; some sung in the even- 
 ing, and called KaraKoiix-qTiKa, and others in the 
 morning (Spdpia), and called SieyepriKa. 
 
 The day after the marriage, the first of the 
 bride's residence in her new abode, was called the 
 iira6\ia : on which their friends sent the customary 
 presents to the newly married couple. On another 
 day, the uTvavKia, perhaps the second after mar- 
 riage, the bridegroom left his house to lodge apart 
 from his wife at his father's-in-law, and the bride 
 presented him with a garment called diravXicTTTtpia, 
 in connection with which, Pollux (iii. 39) observes, 
 that the gifts made to the bride after the marriage 
 were called diravKia. Some of the presents made 
 to the bride by her husband and friends were 
 called dvaKaAviTTTjpLa, as being given on the occar 
 sion of the bride first appearing unveiled (Harpocr. 
 s. v.); they were probably given on the evavKia, or 
 day after the marriage. 
 
 Another ceremony observed after marriage was 
 the sacrifice which the husband offered up on the 
 occasion of his bride being registered amongst his 
 own phratores {yafxniKiav scil. dva'iav tois (ppdrop- 
 (TLv el<T-r\veyK(v, Demosth. c. Eubal. 1312. 1320; 
 Isaeus, dc Pijrr. hci: p. 45). 
 
 The statement above made of the solemnities 
 connected with man'iage cannot of course be con- 
 sidered as applicable to all ages and circumstances, 
 but rather as a representation of the customs gene- 
 rally observed at Athens in later times. 
 
 At Sparta the betrothal of the bride by her 
 father or guardian (ku/jios) was requisite as a pre- 
 liminary of marriage, as well as at Athens. (Miil- 
 
O'OO MARRIAGE (GREEK). 
 
 ler, Dorians, ii. 4. § 2.) Another custom pecu- 
 liar to the Spartans, and a relic of ancient times, 
 was tlie seizure of the bride by her intended 
 liusband (see Herod, vi. G5), but of course with 
 the sanction of her parents or guardians. (Plut. 
 Lycur. 1 5 ; Xen. de Rip. Lac. i. .5.) She was 
 not, however, immediately domiciled in her hus- 
 band's house, but cohabited with him for some 
 time clandestinely, till he brought her, and fre- 
 quently her mother also, to his home. (Mliller, 
 Dorians, I. c.) A similar custom appears to have 
 prevailed in Crete, where, as we are told ( Strabo, 
 X. p. 482), the young men when dismissed from the 
 dyfXri of their fellows, were immediately married, 
 but did not tiike their wives home till some time 
 afterwards. MUller suggests that the children of 
 this furtive kind of intercourse were called ■jrapflci'ioi. 
 
 We subjoin some particulars concerning the re- 
 lation between man and wife amongst the ancient 
 Greeks, prefacing them with a description of do- 
 mestic married life, from Lj'sias (rfe Cuede Eratos. 
 p. 92). The speaker there says, " I have a small 
 two-story house, of equal dimensions on the base- 
 ment and first floor, both in the male and female 
 apartments (kotc! r-qv yvvaiKwvlrtv K. T. A.). Now 
 after our little .boy was born, his mother used to 
 suckle it, and that she might not meet with any 
 accident in going down the ladder (t) KKiixa^), 
 whenever she wanted to wash, I lived up stairs, 
 and the women below. And it was usual for my 
 wife to leave me very frequently and sleep down 
 stairs with the child, to give it the breast and keep 
 it from crying. And one day after dinner the 
 little fellow cried and fretted, and I told my wife 
 to go and suckle it ; now at first she would not, 
 but at last I got angry with her, and ordered her 
 to go: 'yes,' said she, ' that you may play with 
 the servant-maid,'" &c. 
 
 Now, though the wife, as appears by this tale, 
 usually took her meals with her husband, she did 
 not go out with liim to dinner, nor sit at table with 
 his guests when he had company. (Isacus, de 
 J'//n: licr. 39; Demosth. c. Neaer. 1362.) 
 
 The duties of a good housewife are summed up 
 Ijy Plato (Levies, vii. p. !U)5) uiuler the heads of 
 TOfxida, depaire'ta, and TraiSoTpo^i'a. The first of 
 these included the domestic aiTangements of the 
 house and superintendence of the furniture, provi- 
 sions, cookery, and servants ; in fact every thing 
 that came under the name of housekeeping. 
 (Becker, Charikles, ii. 476'.) But a trust of this 
 kind was not reposed in a young wife till she had 
 gained some experience ; for what, says Xcnophon 
 {Oecon. 7. 4), could a wife, married at fifteen, be 
 likely to know, who had lived in complete seclusion, 
 and had only been taught by her mother to conduct 
 licrself virtuously (aaicppoveTv)? The ^epairci'a in- 
 cluded the attendance upon the sick inmates of the 
 house, whether free or slaves. (Xcn. Ocmit. vii. 37.) 
 Tlie ■KaiSoTpo(pia was the physiciil education of the 
 children, on which P\utari:)i{de Educat.Puer.5.]).9) 
 observes that mothers ought themselves to nurture 
 and suckle their children, though frequently female 
 citizens were hired as wet-nurses. (Demosth. c. 
 Euhid. 1309.) The Spartan nurses were so fa- 
 mous, that they were engaged even in foreign 
 states ; thus Alcibiades we are told was suckled by 
 a Laconian nurse. {VXwX. Lt/ciir. Ki.) It is scarcely 
 necessary to remark that we have been speaking of 
 the household of a citizen in good circumstances, 
 to which only our observations can apply. 
 
 MARRIAGE (GREEK). 
 
 The consideration in which women were held by 
 their husbands, and the respect paid to them in an- 
 cient Greece, would naturally depend, in some de- 
 gree, on their intellectual and moral character ; but 
 generally speaking the Greeks enteitained compara- 
 tively little regard for the female character. They 
 considered women, in fact, as decidedly inferior to 
 men, qualified to discharge only the subordinate 
 functions in life, and rather necessary as help- 
 mates, than agreeable as companions. To these 
 notions female education for the most part con-e- 
 sponded, and in fact confirmed them ; it did uot 
 supply the elegant accomplishments and refinement 
 of manners which permanently engage the affec- 
 tions, when other attractions have passed away. 
 Aristotle {dc Rep. i. cap. 2) states, that the 
 relation of man to woman is that of the governor 
 to the subject ; and Plato {Meno, p. 71), that 
 a woman's virtue may be summed up in a few 
 words, for she has only to manage the house well, 
 keeping what there is in it, and obeying her 
 husband. Nor is it imimportant to remark, that 
 Athenians, in speaking of their wives and child- 
 ren, generally said reKva koI yvvcuKas, putting 
 their wives last : a phrase which indicates very 
 clearly what was the tone of feeling on this sub- 
 ject. Moreover, before marriage Grecian women 
 were kept in a state of confinement, which amount- 
 ed to little short of a deprivation of liberty, so that 
 they are even said to have been watched and 
 guarded in strong apartments, 
 
 oxvpolm Trapdevwai (ppovpovvrat Ka\us 
 (Eurip. Iphi;;. in Aidid.), nor was it thought be- 
 coming in them to be seen in public (Eurip. Orcst. 
 108), except on some particular occasions, when 
 they appeared as spectators of, or participators in, 
 rehgious processions; of which, young men desir- 
 ous of being married, would naturally avail them- 
 selves to determine the object of their choice. 
 Even after marriage the restrictions imposed upon 
 3'oung women of the middle and higher classes 
 were of a very jealous and almost Oriental charac- 
 ter. They occupied, as is well known, a separate 
 part of the house, and in the absence of their hus- 
 band it was thought highly improper for a man 
 even to enter where they were. (Demosth. c.Euerg. 
 11.57 and 1150.) From various passages of the 
 Attic comedians it woidd also seem that married 
 women were required to keep at home {o'lKovpitv), 
 and not allowed to go out of doors without the 
 pemiission of their husbands. Thus, in a fragment 
 of Menander (Meineke, p. 87), we are told that 
 married women are not allowed to pass the gate of 
 the court-yard of the hiuise, 
 
 TTfpas ydp ailKios &upa 
 
 'E\fv6epa ywaiKi vevo/xiaT' oiKlas. 
 and Aristophanes {T/icsin. p. 790) speaks of their 
 husbands forbidding them to go out. Again, on 
 occasions of great public alarm (e. i/., when the 
 news of the defeat at Chaeroneia reached Athens), 
 the women are spoken of, not as leaving their 
 houses, but standing at their doors and inquiring 
 after the fate of their husbands, a circumstance 
 which is described as being discreditable to them- 
 selves and the city [dva^iuv avruv koI ttjs iroAews, 
 Lt/airp. c. Leocr. p. .53. Bek.). From a passage in 
 Plutarch (dc Gen. Socr. 33) it appears that on this 
 subject there was the same feeling at Thebes, as 
 well asat Athens; and the same writer(6'rjfow.21 )in- 
 foiTus us that one of Solon's laws specified the con- 
 
MARRIAGE (GREEK). 
 
 MARRIAGE (ROMAN). 601 
 
 ditions and occasions upon which women were to 
 be allowed to leave their houses. In later times 
 there were magistrates at Athens (the yvvaiKO^/d- 
 juoi), charged, as their name denotes, with the 
 superintendence of the behaviour of women. 
 [rXNAIKONO'MOI.] 
 
 But we must observe that the description given 
 above of the social condition and estimation of 
 women in Greece, does not apply to the Heroic 
 times as described by Homer, nor to the Dorian 
 state of Sparta. With respect to the former, we 
 have only space to remark, that the women of the 
 Homeric times enjoyed much more freedom and 
 consideration than those of later ages, and that the 
 connection between the sexes was then of a more 
 generous and affectionate character than after- 
 wards. For another important distinction see Dos 
 (Greek). (Becker, Churikles, ii. 415.) 
 
 Among the Dorians generallj% and in Sparta 
 especially, the relation of the wife to the husband, 
 and the regard paid to women, was for the most 
 part the same as that represented by Homer to 
 have prevailed universally amongst the ancient 
 Greeks ; and as such, presented a strong contrast 
 to the habits and principles of the Ionic Athenians, 
 with whom the ancient custom of Greece, in this 
 respect, was in a great measure supplanted by that 
 of the East. At Sparta, for instance, the wife was 
 honoured with the title of iiairoiva or " mistress," 
 an appellation not used unmeaningly or ironically, 
 and which was common amongst the Thessalians, 
 and other nations of northern Greece. (Muller, ii. 
 4. § 4.) Moreover, the public intercourse per- 
 mitted by the Dorians between the sexes was 
 (comparatively at least) of so free and unre- 
 stricted a character, as to have given occasion 
 for the well known charges of licentiousness 
 (dvtats) against the Spartan women. (Eurip. 
 Androm. 5!i().) The influence, too, which the 
 Lacedaemonian women enjoyed was so great that 
 tlie Spartans were blamed for submitting to the 
 yoke of their wives; and even Aristotle {Pol. 
 ii. 6) thought it necessary to account for the cir- 
 cumstance, by the supposition that Lycurgus had 
 failed in his attempt to regulate the life and con- 
 duct of the Spartan women as he had wished. In 
 short there was a great contrast and difference be- 
 tween the treatment of women in the Dorian and 
 Ionian states of Greece, which is well describ- 
 ed by Muller {I.e.) in the following words:— 
 "■ Amongst the lonians women were merely con- 
 sidered in an inferior and sensual Ught, and though 
 the Aeolians allowed their feelings a more exalted 
 tone, as is proved by the amatory poetesses of 
 Lesbos, the Dorians, as well at SpartJi as in the 
 south of Italy, were almost the only nation who 
 considered the higher attributes of the female mind 
 as capable of cultivation." In Sparta, too, the un- 
 married women lived more in public than the mar- 
 ried. The foi-mer appeared with their faces un- 
 covered, the latter veiled ; and at Sparta, in Crete, 
 and at Olympia, virgins were permitted to be spec- 
 tators of the gymnastic contests, and married 
 women only were excluded. The reverse of this 
 was the case in Ionia. (Miiller, ii. 2. § 2.) 
 
 The preceding investigation will have prepared 
 the reader for the fact, that the strictest conjugal 
 fidelity was required under very severe penalties 
 from the wife [Adulterium], while great laxity 
 was allowed to the husband. The general practice 
 is thus illustrated by Plautus (A/erca<. iv. 6.2): — 
 
 " Nam si vir scortum duxit clam uxorera suara. 
 
 Id si rescivit uxor, impune est viro. 
 
 Uxor viro si clam dome egressa est foras, 
 
 Viro fit causa, exigitur matrimonio." 
 
 In cases of adultery by the wife, the Athenian 
 law subjected the husband to aTiixia if he con- 
 tinued to cohabit with her ; so that she was i]>so 
 facto divorced. (Demosth. c. Ncaer. p. 1374.) But 
 a separation might be effected in two different 
 waj-s : by the wife leaving the husband, or the 
 husband dismissing the wife. If the latter sup- 
 posed her husband to have acted without sufficient 
 justification in such a course, it was competent for 
 her after dismissal, or rather for her guardians, 
 to bring an action for dismissal (Siktj a.iTOTTiiiT^iws 
 OY ditoTTOfiTTTis): the corresponding action, if brought 
 by the husband, was a Siki( dirokei^eas. If, 
 however, a wife were ill-used in any way by her 
 husband, he was liable to an action called a Si/ci) 
 KaKWjfas (p. 17f<), so that the wife was not en- 
 tirely unprotected by the laws : a conclusion justi- 
 fied by a fragment in Athenaeus (xiii. p. 559) in 
 which married women are spoken of as relying on 
 its protection. But a separation, whether it origi- 
 nated from the husband or wife, was considered to 
 reflect discredit on the latter (d yap S'iav\6s iarii/ 
 aiaxuvqv exwc, Frarj. apud Stob. p. 67. Gaisford) 
 independent of the difficulties and inconveniences 
 to which she was subjected by it. At Sparta 
 barrenness on the part of a wife seems to have 
 been a ground for dismissal by the husband 
 (Herod, vi. 61); and from a passage inChrysostora 
 {Oral. XV. p. 447. r) it has been inferred that 
 women were in the habit of imposing suppositi- 
 tious children with a view of keeping {Karaax^^") 
 their husbands : not but that the word admits of, 
 if indeed it does not (from the tense) require, a 
 different interpretation. 
 
 This article has been mainly composed from 
 Becker's Charikhs (ii. p. 415). The duties of an 
 Athenian wife are stated somewhat in detail by 
 Xenophon {Oeconom. ad init.). [R. W — N.] 
 
 MARRIAGE (ROMAN), MATRIMO'- 
 NIUM, NU'PTIAE. A legal Roman marriage 
 was called Justae Nuptiae, Justum Matrimonium, 
 as being confonnable to Jus {Civile) or to Law. 
 A legal marriage was either Cum conventione 
 uxoris in manum viri, or it was without this con- 
 ventio. But both forms of marriage agreed in this : 
 there must be connubium between the parties, and 
 consent: the male must also be pubes, and the 
 woman viri potens. The legal consequences as to 
 the power of the father over his childi-en were the 
 same in both. 
 
 A Roman marriage may be viewed. First with 
 reference to the conditions required for a Justum 
 Matrimonium ; Secondly, with reference to the 
 forms of the marriage ; Thirdly, with reference to 
 its legal consequences. 
 
 Unless there was connubium there could be no 
 Roman marriage. Connubium is defined by Ul- 
 pian {Frat). v. 3) to be " uxoris jure ducendae 
 facultas," or the faculty by which a man may make 
 a woman his lawful wife. But in truth this is no 
 definition at all, nor does it give any infomiation. 
 Connubium is merely a term which comprehends 
 all the conditions of a legal marriage. Accordingly, 
 the term is explained by particular instances: 
 " Roman men citiaens," says Ulpian, " have con- 
 nubium with Roman women citizens {Romanae 
 cives) ; but with Latiiiae and Peregrinae, only in 
 
602 MARRIAGE (ROMAN). 
 
 MARRIAGE (ROMAN). 
 
 those cases where it has been permitted. With 
 slaves there is no connubium." 
 
 Sometimes connubium, that is the faculty of 
 contracting a Roman marriage, is viewed with re- 
 ference to one of its most important consequences, 
 namely, the Patria Potcstas : " for," says Gains, 
 " since it is the effect of Connubium that the chil- 
 dren follow the condition of their father, it results 
 that when Connubium exists, the children are not 
 only Roman citizens, but are also in the power of 
 their father." Generally, it may be stated that 
 there was only connubium between Roman citi- 
 zens : the cases in which it at any time existed 
 between parties, not both Roman citizens, were 
 exceptions to the general rule. Originally, or at 
 least at one period of the Republic, there was no 
 Connubium between the Patricians and the Ple- 
 beians ; but this was altered by the Lex Canuleia 
 which allowed Connubium between persons of those 
 two classes. 
 
 There was no connubium between many persons 
 with respect to one another, who had severally 
 connubium with respect to other persons. Thus 
 there were various degrees of consanguinity within 
 which there was no connubium. There was no 
 connubium between parent and child, whether the 
 relation was natural or by adoption ; and a man 
 could not marry an adopted daughter or grand- 
 daughter, even after he had emancipated her. 
 There was no connubium between brothers and 
 sisters, whether of the whole or of the half blood : 
 but a man might marry a sister by adoption after 
 lier emancipation, or after his own emancipation. 
 1 1 became legal to marry a brother's daughter after 
 Claudius had set the example by marrying Agrip- 
 pina ; but the rule was not carried further than 
 the example, and in the time of Gaius it remained 
 unlawful for a man to marry his sister's daughter. 
 (Gaius, i. 62 ; Tacit. A/m. xii. 5 ; Sueton. Claud. 
 26.) 
 
 There was no connubium also between persons 
 within certain relations of affinity, as between a 
 man and his socnis, nurus, privigna, and noverca. 
 
 Any illegal union of a male and female, though 
 affecting to be, was not a marriage : the man had 
 no legal wife, and the children had no legal father; 
 consequently they were not in the power of their 
 reputed father. These restrictions as to marriage 
 were not founded on any enactments : they were 
 a part of that large mass of Roman Law which be- 
 longs to Jus Moribus Constitutum. 
 
 The marriage of Domitius, afterwards the em- 
 peror Nero, with Octavia the daughter of Claudius, 
 seems at first sight somewhat in'egular. Nero was 
 adopted by Claudius by a Lex Curiata (Tacit. 
 A/in. xii. 26), but he was already his son-in-law ; 
 at least the sponsalia are mentioned before the 
 adoption. (Tacit. A7ui. xii. 9.) There seems to be 
 no rule of law which would prevent a man from 
 adopting his son-in-law ; though if the adoption 
 took place before the marriage, it would be illegal, 
 as stated by Gaius. 
 
 Persons who had certain bodily imperfections, as 
 eunuchs, and others who from any cause could 
 never attain to puberty, could not contract mar- 
 riage ; for though pubertas was in course of time 
 fixed at a positive age [Impubes], yet as the 
 foundation of the notion of pubertas was physical 
 capacity for sexual intercourse, there could be no 
 pubertiis if there was a physical incapacity. 
 
 The essence of mai"riage was ci'^sent, and the 
 
 consent, says Ulpian, " both of those who come 
 together and of those in whose power they are ;" 
 and " maniage is not effected by sexual union, but 
 by consent." Those then who were not sui juris, 
 had not strictly speaking, connubium, or the 
 " uxoris jure ducendae facultas ;" though in an- 
 other sense, they had connubium, by virtue of the 
 consent of those in whose power they were, if 
 there was no other impediment. According to the 
 old Law, there is no doubt that a father could give 
 his child in marriage, unless the child was emanci- 
 pated, without asking the child's consent. 
 
 The Lex Julia et Papia Poppaea placed certain 
 restrictions on marriage as to the parties between 
 whom it could take place. [Julia et Papia 
 Poppaea ; Infamia.] 
 
 A man could only have one lawful wife at a 
 time ; and consequently if he were married, and 
 divorced his wife, a second marriage would be no 
 marriage, unless the divorce were effectual. 
 
 The marriage Cum conventione differed from 
 that Sine conventione, in the relationship which it 
 effected between the husband and the wife ; the 
 marriage Cum conventione was a necessary con- 
 dition to make a woman a materfarailias. By 
 the marriage Cum conventione, the wife passed in- 
 to the familia of her husband, and was to him in 
 the relation of a daughter, or as it was expressed, 
 " in manum convenit." (Cic. Top. 3.) In the mar- 
 riage Sine conventione, the wife's relation to her 
 own familia remained as before, and she was 
 merely Uxor. " Uxor," saj'S Cicero (Top. 3), " is 
 a genus of which there are two species ; one is 
 materfamilias, ' quae in manum convenit ;' the 
 other is uxor only." Accordingly a materfamilias 
 is a wife who is in manu, and in the familia of her 
 husband, and consequently one of his sui heredes ; 
 or in the manus of him in whose power her husband 
 is. A \vife not in manu was not a member of her 
 husband's familia and therefore the term could not 
 apply to her. Gellius (xviii. 6) also states this 
 was the old meaning of materfamilias. Matrona 
 was properly a wife not in manu, and equivalent 
 to Cicero's " tantummodo uxor ;" and she was 
 called matrona before she had any children. But 
 these words are not always used in these their 
 original and proper meanings. (See Ulp. Fnii/. iv.) 
 
 It does not appear that any forms were requisite 
 in the marriage Sine conventione ; and apparently 
 the evidence of such marriage was cohabitation 
 matrimonii causa. The matrimonii causa might be 
 proved by various kinds of evidence. 
 
 In the case of a marriage Cum conventione, 
 there were three forms, Usus, Farreum, and Co- 
 emptio. 
 
 Marriage was effected by Usus, if a woman 
 lived with a man for a whole year as his wife ; 
 and this was by analogy to Usucapion of movables 
 generally, in which usus for one year gave owner- 
 ship. The Law of the Twelve Tables provided 
 that if a woman did not wish to come into the 
 manus of her husband in this manner, she should 
 absent herself from him aimuiiUy for three nights 
 (trmodium) and so break the usus of the year. 
 The Twelve Tables probably did not introduce the 
 usus in the case of a woman cohabiting with a man 
 matrimonii causa, any more than they probably 
 did in the case of other things ; but as in the case 
 of other things they fixed the time within wliicli 
 the usus should have its full effect, so tliey estab- 
 lished a positive rule as to what time should be a 
 
MARRIAGE (ROMAN). 
 
 MARRIAGE (ROMAN). 
 
 603 
 
 sufficient interruption of usus in the case of matri- 
 monial cohabitiition, and such a positive rule was 
 obviously necessary in order to determine what 
 should be a sufficient legal interruption of usus. 
 
 Farreum was a form of miirriage, in which cer- 
 tain words were used in the presence of ten wit- 
 nesses, and were accompanied by a certain religious 
 ceremony in which panis farreus was employed ; 
 and hence this form of marriage was also called 
 Confarreatio. This fonu of marriage must have 
 fallen generally into disuse in the time of Gains, 
 who remarks (i. 112) that this legal fonn of mar- 
 riage (/toe Jus) was in use even in Ids time for the 
 marriages of tlie FlaminesMajores and some others. 
 This passage of Gains is defective in the M. S., but 
 its general sense may be collected from comparing 
 it with Tacitus (Arm. iv. 16) and Servius (ad 
 Aencid. iv. 104. 374). It appears that certain 
 priestly offices, such as that of Flamen Dialis, could 
 only be held by those who were born of parents 
 who had been married by this ceremony (con/ar- 
 reaii parentes). Even in the time of Tiberius, the 
 ceremony of confarreatio was only observed by a 
 few. As to divorce between persons married by 
 confarreatio, see Divortium. 
 
 Coemptio was effected by Mancipatio, and con- 
 sequently the wife was in mancipio. (Gains, i. 118.) 
 A woman who was cohabiting with a man as uxor, 
 might come into his manus by this ceremony, in 
 which case the coemptio was said to be matrimonii 
 causa, and she who was formerly uxor became 
 apud maritum filiae loco. The other coemptio 
 which was called fiduciae causa and which was 
 between a woman and a man not her husband, is 
 considered under Testambntum andTuTELA. If 
 however an uxor made a coemptio with her hus- 
 band, not matrimonii causa, but fiduciae causa, the 
 consequence was that she was in manu, and there- 
 by acquired the rights of a daughter. It is stated 
 by a modem writer, that the reason why a woman 
 did not come in mancipiura by the coemptio, but 
 only in manum, is this, that she was not mancipated, 
 but mancipated herself, under the authority of her 
 father if she was in his power, and that of her 
 tutors, if she was not in the power of her father ; the 
 absurdity of which is obvious, if we have regard to 
 the fonn of mancipatio as described by Gains (i. 
 119), who also speaks (i. 118) of mancipatio as 
 beuig the form by which a parent released his daugh- 
 ter from the patria potestas (e sua jure), which he 
 did when he gave his daughter in manum viri. 
 The mancipatio must in all cases have been consi- 
 dered as legally effected by the father or the tutors. 
 
 Sponsalia were not an unusual preliminary of 
 marriage, but they were not necessarj-. " Spon- 
 salia," according to Florentinus (Dig. 23. tit. I. 
 s. 1 ) " sunt mentio et repromissio nuptiarum futu- 
 rarum." Gellius has preserved (iv. 4) an extract 
 from the work of Servius Sulpicius Rufus De 
 Dotibus, which, fi-om the authority of that great 
 jurist, may be considered as unexceptionable. 
 (Compare V:irro dc Limj. Lat. vi. 70.) Sponsali;i, 
 according to Servius, was a contract by stipula- 
 tiones and sponsiones, the former on the part of the 
 future husband, the latter on the part of him who 
 gave the woman in marriage. The woman who 
 was promised in marriage was accordingly called 
 Sponsa, which is equivalent to Promissa ; the man 
 who engaged to marrj- was called Sponsus. The 
 Sponsalia then were an agreement to marry, made 
 in such form as to give each party a right of action 
 
 in case of non-performance, and the offending party 
 was condemned in sucli damages as to the Judex 
 seemed just. This was the law (jus) of SponsaUa, 
 adds Servius, to the time when the Lex Julia gave 
 the Civitas to all Latium ; whence we may con- 
 clude that alterations were afterwards made in it. 
 The Sponsalia were of course not binding, if the 
 parties consented to wave the contract ; and either 
 party could dissolve the contract, as either could 
 dissolve a marriage, subject, however, to the right 
 of action which the non-consenting party might 
 have. If a person was in the relation of double 
 sponsalia at the same time, he was liable to In- 
 famia. [Infamia.] Sometimes a present was 
 made by the future husband to the future wife by 
 way of earnest (arrlta, arrka sponsalilia), or as it 
 was called propter nuptias donatio. (Cod. v. tit. 3.) 
 Sponsalia might be contracted by those who were 
 not under seven years of age. [See Inpans; Im- 
 
 PUBES.] 
 
 The consequences of marriage were — 
 
 1. The power of the father over the children of 
 the maniage, which was a completely new relation, 
 an effect indeed of marriage, but one which had no 
 influence over the relation of the husband and wife. 
 [Patria Potestas.] 
 
 2. The liabilities of either of the parties to the 
 punishments affixed to the violation of the mar- 
 riage union. [Adultbrium ; Divortium.] 
 
 3. The relation of husband and wife with respect 
 to property, to which head belong the matters of 
 Dos, Donatio inter virum et uxorem. Donatio propter 
 nuptias, &c. Many of these matters, however, 
 are not necessary consequences of marriage, but 
 the consequence of certain acts which are rendered 
 possible by marriage. 
 
 In the later Roman history we often read of 
 marriage contracts which have reference to Dos, 
 and generally to the relation of husband and wife 
 viewed with reference to property. A title of the 
 Digest (23. tit. 4) treats De Pactis Dotalibus, 
 which might be made either before or after mar- 
 riage. 
 
 The Roman notion of marriage was that of a 
 complete personal unity of the husband and wife 
 (consortium omnis vilac) as shown by a continuous 
 cohabitation, the evidence of continuing consent ; 
 for the dissent of either party, when formally ex- 
 pressed, could dissolve the relation. [Divortium.] 
 Neither in the old Roman law nor in its later 
 modifications, was a community of property an 
 essential part of the notion of marriage ; unless we 
 assume that originally all marriages were accom- 
 panied with the conveutio in manum, for in that 
 case, as already observed, the wife became filiae- 
 familias loco, and passed into the familia of her 
 husband ; or if her husband was in the power of 
 liis father, she became to her husband's father in 
 the relation of a granddaughter. The legal deduc- 
 tion from this is, that her legal personality was 
 merged in. that of her husband, all her property 
 passed to him by a universal succession (Gains, ii. 
 96. 98), and she could not thenceforward acquire 
 property for herself. Thus she was entirely re- 
 moved from her former family as to her legal status 
 and became as the sister to her husband's children. 
 In other words, when a woman came in manum, 
 there was a blending of the matrimonial and the 
 filial relation. It was a good marriiige without the 
 rehition expressed by in manu, which was a rela- 
 tion of parent and child superadded to that of hus- 
 
604 MARRIAGE (ROMAN). 
 
 band and wife. It is a legitimate consequence that 
 she could not divorce her husband, though her 
 husband might divorce her, and if we assume that 
 the marriage cum conventione was originally the 
 only form of marriage (of which however, we be- 
 lieve, there is no proof) the statement of Plutarch 
 [Divortium] that the husband alone had origi- 
 nally the power of eft'ectiug a divorce, will consist 
 with this strict legal deduction. It is possible, 
 however, that, even if the marriage cum conven- 
 tione was once the only form, there might have 
 been legal means by which a wife in manu could 
 effect a dissolution of the marriage, just as a person 
 in mancipii causa had still certain personal rights 
 against his legal owner. But conjecture is beyond 
 our province, which is confined to matters of which 
 there are evidence. 
 
 When there was no conventio, the woman re- 
 mained a member of her own faniilia : she was to 
 her husband in the same relation as any other Ro- 
 man citizen, differing only in this that her sex 
 enabled her to become the mother of children who 
 were the husband's children and citizens of the 
 state, and that she owed fidelity to him so long as 
 the matrimonial cohabitation continued by mutual 
 consent. But her legal status continued as it was 
 before : if she was not in the power of her father, 
 she had for all purposes a legal personal existence 
 independently of her husband, and consequently 
 her property was distinct from his. It must have 
 been with respect to such marriages as these, that 
 a great part at least of the rules of law relating to 
 Dos were established ; and to such marriages all 
 the mles of law relating to marriage contracts must 
 have referred, at least so long as the marriage cum 
 conventione existed and retained its strict cha- 
 racter. 
 
 When marriage was dissolved, the parties to it 
 might marry again ; but opinion considered it more 
 decent for a woman not to marry again. A woman 
 was required by usage (mos) to wait a year before 
 she contracted a second marriage, on the pain of 
 Infamia. [Infamia.] 
 
 The above is only an outline of the Law of 
 Marriage, but it is sufficient to enable a student to 
 carry his investigations farther. [G. L.] 
 
 It remains to describe the customs and rites 
 which were observed by the Romans at marriages 
 (ritiis mip/mles or mi/ptiarum solemnia Jusfa, to 
 vofii^ofJLeva Twv yd/xav). After the parties had 
 agreed to marry and the persons in whose potestas 
 they were had consented, a meeting of friends was 
 sometimes held at the house of the maiden for the 
 purpose of settling the marriage-contract, which 
 was called sponsalia, and written on tablets {tabu- 
 lae k(fitimae), and signed by both parties. (Juven. 
 Sat. ii. 119, &c. ; vi. 25. 200 ; Gcllius, iv. 4.) The 
 woman after she had promised to become the wife 
 of a man was called sponsa, pacta, dicta, or sperata. 
 (Gell. /. c; Plant. Trinum. ii. 4, 99 ; Nonius, iv. 
 p. 213.) From Juvenal (5u?. vi. 27) it appears 
 that, at least during the imperial period, the man 
 put a ring on the finger of his betrothed, as a 
 pledge of his fidelity. This ring was probably, like 
 all rings at this time, worn on the left hand, and on 
 the finger nearest to the smallest. (Macrob. Sat. 
 vii. 13.) The last point to be fixed was the day 
 on which the marriage was to take place. To- 
 wards the close of the republic it had become cus- 
 tomary to betroth young girls when they were yet 
 children ; Augustus therefore limited the time dur- 
 
 MARRIAGE (ROMAN). 
 
 ing which a man was allowed to continue betroth- 
 ed to a girl (Suet. Aug. 34), and forbade men 
 to be betrothed to girls before the latter had com- 
 pleted their tenth year, so that the age of pubertas 
 being twelve years, a girl might not be compelled to 
 be betrothed longer than two years. (Dion Cass, 
 liv. p. 609. Steph.) 
 
 The Romans believed that certain days were 
 unfortunate for the perfonnance of the marriage 
 rites, either on account of the religious character of 
 those days themselves, or on account of the days 
 by which they were followed, as the woman had 
 to perform certain religious rites on the day after 
 her wedding, which could not take place on a dies 
 ater. Days not suitable for entering upon matri- 
 mony were the Calends, Nones, and Ides of every 
 month, all dies atri, the whole months of May (Ovid, 
 Fast.v. 490 ; ^hxt. Quaest. Rom. p. 284) and Febru- 
 ary, and a great number of festivals. (Macrob. Sat. i. 
 15 ; Ovid, Fast. ii. 557.) Widows, on the other 
 hand, might marry on days which were inauspici- 
 ous for maidens. (Macrob. Sat. I. c; Plut. Quaest. 
 Rom. p. 289.) 
 
 On the wedding-day, which in the early times 
 was never fixed upon without consulting the au- 
 spices (Cic. de Dm. i. 16; Val. Max. ii. 1. § 1), 
 the bride was dressed in a long white robe with a 
 purple fringe or adorned with ribands. (Juv. ii. 
 124.) This dress was called tunica recta (Plin. 
 H. N. viii. 48), and was bound round the waist 
 with a girdle (corona., cinyulum, or Kona, Fest. s. v. 
 Ciiigtilo), which the husband had to untie in the 
 evening. The bridal veil, called flammeum, was 
 of a bright-yellow colour (Plin. //. A'^ xxi. 8 ; 
 Schol. ad Juv. vi. 225), and her shoes likewise. 
 (CatuU. Ixii. 10.) Her hair was divided on this 
 occasion with the point of a spear. ( Ovid, Fast. ii. 
 560 ; Aniob. adv. Gent. ii. p. 91 ; Plut. Quaest. 
 Rom. p. 285.) 
 
 The only form of marriage which was celebrated 
 with solemn religious rites, was that by confarrea- 
 tio ; the other forms feeing mere civil acts, were 
 probably solemnised without any religious cere- 
 mony. In the case of a marriage by confarreatio, 
 a sheep was sacrificed, and its skin was spread 
 over two chairs, upon which the bride and bride- 
 groom sat down with their heads covered. (Serv. 
 ad Aen. iv. 374.) Hereupon the marriage was 
 completed by pronouncing a solemn formula or 
 prayer, after which another sacrifice was offered. 
 A cake was made of far and the mola salsa pre- 
 pared by the vestal virgins (Serv. ad Virg. Eclog. 
 viii. 82), and carried before the bride when she 
 was conducted to the residence of her husband. It 
 is uncertain whether this cake is the same as that 
 which is called mustaceum (Juv. Sat. vi. 201), and 
 which was in the evening distributed among the 
 guests assembled at the house of the young hus- 
 band. 
 
 The bride was conducted to the house of her 
 husband in the evening. She was taken with ap- 
 parent violence from the arms of her mother, or of 
 the person who had to give her away. On her 
 way she was accompanied by three boys dressed in 
 the praetexta, and whose fathers and mothers were 
 still alive {patrimi ct matrimi). One of them car- 
 ried before her a torch of white thorn (spina) or, 
 according to others, of pine wood ; the two others 
 walked by her side supporting her by the arm. 
 (Fest. s. ?!. Patrimi ct matrimi; VaiTO, ap. C'hari- 
 sium, i. p. 117 ; Plin. H. N. xvi. 18.) The bride 
 
MARRIAGE (ROMAN). 
 
 herself carried a distaff and a spindle with wool. 
 (Plin. H. N. viii. 48; Plut. Qmiest. Rom. p. 271.) 
 A boy called camillus carried in a covered vase 
 (camera, cumeriim, or camillum) the so called uten- 
 sils of the bride and playthings for children 
 (^crepundia. Fast. s. v. Ctimeram ; Plant. Cistel. iii. 
 1. 5). Besides these persons who officiated on the 
 occasion, the procession was attended by a nume- 
 rous train of friends both of the bride and the bride- 
 groom, whose attendance was called ojfieium and 
 ad officium venire. (Suet. Calig. 25 ; Claud. 26.) 
 Plutarch (Quacst. Rom. init.) speaks of five wax- 
 candles which were used at marriages ; if these 
 were borne in the procession, it must have been to 
 light the company which followed the bride ; but 
 it may also be that they were lighted during the 
 marriage ceremony in the house of the bride. 
 
 When the procession arrived at the house of the 
 bridegroom, the door of which was adorned with 
 garlands and flowers, the bride was carried across 
 the threshold by pronubi, i. e. men who had only 
 been married to one woman, that she might not 
 knock against it with her foot, which would have 
 been an evil omen. (Plut. Qmiest. Rom. p. 271. c ; 
 Plant. Cos. iv. 4. 1.) Before she entered the 
 house, she wound wool around the door-posts of 
 her new residence, and anointed them witli lard 
 {adeps suillus) or wolfs fat (adeps lupiiius, Serv. 
 adAen. iv. 19; Plin. H.N. xxviii. 9). The 
 husband received her with fire and water, which 
 the woman had to touch. This was either a 
 symbolic purification (for Serv. ad Ae.n. iv. 104, 
 says that the newly married couple washed their 
 feet in this water), or it was a symbolic expression 
 of welcome, as the interdicere aqua et igni was the 
 formula for banishment. The bride saluted her 
 husband with the words : uhi tu Cuius, ego Caia. 
 (Plut. Quaest. Rom. I. c.) After she had entered 
 the house with distaff and spindle, she was placed 
 upon a sheep-skin, and here the keys of the house 
 were delivered into her hands. (Fest. s. v. Clavis.) 
 A repast {rocna nuptialis) given by the husband to 
 the whole train of relatives and friends who ac- 
 companied the bride, generally concluded the so- 
 lemnity of the day. (Plant. Ciirc. v. 2. 61 ; Suet. 
 Calig. 25.) Many ancient writers mention a very 
 popular song, Talasius or Talassio, which was sung 
 at weddings (Plut. Quaest. Rom. I. c. ; Liv. i. 9 ; 
 Dionys. Anl. Rom. ii. 31 ; Fest. s. v. Talassionetn) ; 
 hut whether it was sung during the repast or 
 during the procession is not quite clear, though we 
 may infer from the story respecting the origin of 
 the song, that it was sung while the procession 
 was advancing towards the house of the husband. 
 
 It may easily be imagined that a solemnity like 
 that of man'iage did not take place among the 
 merry and humorous Italians without a variety of 
 jests and railleries, and Ovid {Fast. iii. 675) men- 
 tions obscene songs which were sung before the 
 door of the bridal apartment by girls, after the 
 company had left. These songs were probably the 
 old Fescennina [Fescennin.\], and are frequently 
 called Epitha/umia. At the end of the repast the 
 bride was conducted by matrons who had not had 
 more than one husband ( pronubae), to the lectus 
 genialis in the atrium, which was on this occasion 
 magnificently adorned and strewed with flowers. 
 On the following day the husband sometimes gave 
 another entertainment to his friends, which was 
 called repotia (Fest. s. v.; Herat. Sat. ii. 2. 60), 
 and the woman who on this day undertook the 
 
 MAPTTPI'A. 
 
 605 
 
 management of the house of her husband, had to 
 perform certain religious rites (Macrob. Sat. i. 16), 
 on which account, as was observed above, it was 
 necessary to select a day for the marriage which 
 was not followed by a dies ater. These rites pro- 
 bably consisted of sacrifices to the dii Penates. 
 (Cic. De Rejruhl. v. 5.) 
 
 The rites and ceremonies which have been men- 
 tioned above, are not described by any ancient 
 writer in the order in which they took place, and 
 the order adopted above rests in some measure 
 merely upon conjecture. Nor is it, on the other 
 hand, clear which of the rites belonged to each of 
 the three forms of marriage. Thus much only is 
 certain, that the most solemn ceremonies and those 
 of a religious nature belonged to confarreatio. 
 
 The position of a Roman woman after marriage 
 was very different from that of a Greek woman. 
 The Roman presided over the whole household ; 
 she educated her children, watched over and pre- 
 served the honour of the house, and as the mater- 
 farailias she shared the honours and respect shown 
 to her husband. Far from being confined like the 
 Greek women to a distinct apartment, the Roman 
 matron, at least during the better centuries of the 
 republic, occupied the most important part of the 
 house, the atrium. (Compare Lipsius, Elect, i. 17; 
 Wotiigev, Aldohrandiii. Hochzcit, p. 124, &c.) 
 
 [L. S.] 
 
 MARSU'PIUM {napa-virmv, /SaAatTiof), a 
 purse. (Non. Marcellus, s. v.; Varro, de Re Rust. 
 iii.l7; Plant. Afe. II. i.29 ; n.iii.33. 35 ; v.vii.47 ; 
 Poc)!. III. V. 37 ; Riid. V. ii. 26 ; Xen. Conviv. iv. 2.) 
 
 The purse used by the an- 
 cients was commonly a small 
 leathern bag, and was often 
 closed by being drawn together 
 at the mouth (^avavanTa fia- 
 \dvTia, Plat. Conviv. p. 404. cd. 
 Bekker). Mercury is com- 
 monly represented holding one 
 in his hand, of which the an- 
 nexed woodcut from an intag- 
 lio in the Stosch collection at 
 Berlin presents an example. 
 
 MARTIA'LIS FLAMEN. 
 
 MARTIA'LES LUDI. [Ludi Martiales.] 
 
 MAPTTPI'A, signifies strictly the deposition of a 
 witness in a court of justice, though the word is 
 applied metaphorically to all kinds of testimony. 
 We shall here explain — 1, what persons were 
 competent to be witnesses at Athens ; 2, what was 
 the nature of their obligation ; 3, in what manner 
 their evidence was given ; 4, what was the punish- 
 ment for giving false evidence. 
 
 None but freemen could be witnesses. The in- 
 capacity of women may be inferred from the gene- 
 ral policy of the Athenian law, and the absence of 
 any example in the orators where a woman's evi- 
 dence is produced. The same observation applies 
 to minors. 
 
 Slaves were not allowed to give evidence, unless 
 upon examination by tortui'e (pdaavos). There 
 appears to have been one exception to this rule, 
 viz., that a slave might be a witness against a free- 
 man in case of a charge of murder. (Antiph. de 
 Morte Her. 728), though Platner {Att. Proc. p. 
 215) thinks this only applied to the giving infor- 
 mation. The party who wished to obtain the evi- 
 dence of a slave belonging to his opponent chal- 
 lenged him to give up the slave to be examined 
 
 [J. Y.J 
 
 [Flamen.] 
 
G06 
 
 MAPTTPI'A. 
 
 MAPTTPI'A. 
 
 (e^^Tci TOP SovKov). The cliallonge was called 
 ■irpiK\i)(Tis. The owner, if he gave him up, was 
 said iKSovvai or irapaSovvai. But he was not ob- 
 liged so to do, and the general practice was to re- 
 fuse to give up slaves, which perhaps arose from 
 humanit}', though the opponent always ascribed it 
 to a fear lest the tnith should be elicited. The 
 orators affected to consider the evidence of slaves, 
 wrung from them by torture, more valuable and 
 trustworthy than that of freemen ; but it must be 
 observed, they always use this argument when the 
 slave had not been examined. (Demosth. c. Apfiob. 
 848 ; c. Orwt. 874 ; Hudtwalcker, Ucber die Di'd- 
 U-Um, p. 44, &c.) 
 
 Citizens who had been disfranchised (tjti'jUw- 
 fiivoi) could not appear as witnesses (any more 
 than as jurors or plaintiffs) in a court of justice ; 
 for they had lost all honourable rights and privi- 
 leges. (Demosth. c. Ncacr. 1353; Wachsmuth, il. 
 i. p. 244.) But there was no objection to alien 
 freemen. (Demosth. c. Lacr. 927. 92.9 ; Aeschin. dc 
 Fals. Leg. 49. ed. Steph.^ We learn from Harpo- 
 cration (s. v. Aia/iaprvpia) that in actions against 
 freedmen for neglect of duty to their patrons 
 (dirotTTaffiov Si'koi) foreigners were not allowed to 
 put in an affidavit, that the action was not main- 
 tainable {iJ.il flaaywytfxov ehai). But this can 
 hardly be considered an exception, for such affida- 
 vits gave an undue advantage to the party for 
 whom they were made. 
 
 Neither of the parties to a cause was competent 
 to give evidence for himself, though each was com- 
 pelled to answer the questions put by tbe other. 
 The law declared to7i' dvrtSiKoiv eirdvayKes fhai 
 diroKpluaadai aAA7)\oi5 to ipwTwixevov, fxapTvpflv 
 U ni. (Demosth. c.5fe^-//. 1131.) That the friends 
 of the party, who pleaded for him (called avvrjyo- 
 poi), were not incompetent to give evidence, ap- 
 pears from the fragment of Isaeus, pro Euphil., and 
 also from Aeschines, who, on his trial for miscon- 
 duct in the embassy, calls Phocion to assist him 
 both as a ^vitness and an advocate. {De Fals. Ley. 
 p. 51. 53. ed. Steph.) 
 
 The obligation to attend as a witness, both in 
 civil and criminal proceedings, and to give such 
 e\'idence as he is able to give, arises out of the 
 dutv which every man owes to the state ; and 
 there is no reason to believe that any persons (ex- 
 cept the parties themselves) were exempted from 
 this obligation. The passages which Platner {Aft. 
 Proc. p. 217) and Schiimarm {Att. Proe. p. 671) 
 cite in support of the contrary view, prove nothing 
 more than that the near relations of a party were 
 reluehint to give evidence against him ; whereas the 
 fact that they were bound by law to give evidence 
 may be inferred from Demosthenes (c. Aphob. 849, 
 850. 855). 
 
 The party who desired the evidence of a wit- 
 ness, sunmioned him to attend for that purpose. 
 The summons was called irpJ(7KA.i)crij. (Demosth. 
 c. Timoth. 1194.) If the witness promised to 
 attend and failed to do so, he was liable to an 
 action called Z'ikt) Kniroixaprvpiov. Whether he 
 promised or not, he was bound to attend, and if 
 his absence caused injury to the party, he was 
 liable to an action (Si'kj; /3Aagi)s). This is the 
 probable distinction between these forms of action, 
 as to which there has been much doubt. (Meier 
 and Schomann, Att. Proe. p. 387 ; Platner, Att. 
 Proc. p. 221.) 
 
 The attendance of the witness was first required 
 
 [at the dvaKptaris, where he was to make his deposi- 
 tion before the superintending magistrate {^yf/xdv 
 SiKaa-Tiipiov). The party in whose favour he ap- 
 peared, generally wrote the deposition at home 
 upon a whitened board or tablet (A.eXeuKw^ei'oi/ 
 ypafiiMT^lou), which he brought with him to the 
 magistrate's office, and, when the witness had de- 
 posed thereto, put into the box (exifos) in which all 
 the documents in the cause were deposited. If the 
 deposition was not prepared beforehand, as must 
 always have been the case when the party was not 
 exactly aware what evidence would be given, or 
 when any thing took place before the magistrate 
 which could not be foreseen, as for instance a chal- 
 lenge, or question and answer by the parties ; in 
 such a case it was usual to write down the evi- 
 dence upon a waxen tablet. The difference be- 
 tween these methods was much the same as be- 
 tween writing with a pen on paper, and with a 
 pencil on a slate ; the latter could easily be rubbed 
 out and WTitten over again if necessary. (Demosth. 
 e. Stepk. 1132.) If the witness did not attend, 
 his evidence was nevertheless put into the box 
 that is, such evidence as the party intended him 
 to give, or thought he might give, at the trial. For 
 aU testimonial evidence was required to be in writ- 
 ing, in order that there might be no mistake about 
 the tenns, and the witness might leave no subter- 
 fuge for himself when convicted of falsehood. (De- 
 mosth. c. Steph. 1115. 1130.) The dvo.Kpicns might 
 last several days, and, so long as it lasted, fresh 
 evidence might be brought, but none could be 
 brought after the last day, when the box was 
 sealed by the magistrate, and kept so by him till 
 the day of trial. (Demosth. c. Aphob. 836 ; c. Boeot. 
 de Nom. 999 ; e. Eioerg. ct Mnes. 1143 : c. Conon. 
 1265.) 
 
 The form of a deposition was simple. The fol- 
 lowing example is from Demosthenes (e. Laer. 
 927):— " Archenomides son of Archedamas of 
 Anagy-rus testifies, that articles of agreement were 
 deposited with him by Androcles of Sphettus, 
 Nausicrates of Carj-stus, Artemon and Apollodorus 
 both of Phaselus, and that the agreement is still in 
 his hands." Here we must observe, that when- 
 ever a document was put in evidence at the trial, 
 as an agreement, a will, the evidence of a slave, a 
 challen^'e, or an answer given by either party at 
 the duaKptais, it was certified by a witness, whose 
 deposition was at the same time produced and 
 read. (Demosth. pro Phorm.. 946. 949. 957; c. 
 Pkicnvpp. 1046; c. Steph. 1120.) 
 
 The witness, whether he had attended before 
 the magistrate or not, was obliged to be present at 
 the trial, in order to confirm his testimony. The 
 only exception was, when he was ill or out of the 
 countrj', in which case a commission might be sent 
 to examine him. ['EKMAPTTPI'A.] All evidence 
 was produced by the party during his own speech, 
 the K\ei^Zpa being stopped for that purpose. 
 (Isaeus, de Pt/rr. her. 39. ed. Steph. ; Demosth. c. 
 Eulml. 1305.) The witness was caUed by an 
 officer of the court, and mounted on the raised 
 platform {^rtixa) of the speaker, while his deposi- 
 tion was read over to him by the clerk ; he then 
 signified his assent, either by express words, or 
 bowing his head in silence. (Lys. de Eratos. Mort. 
 94. ed. Steph. ; Aesch. de Fals. Leg. 49. ed. Steph.; 
 Demosth. c. Mid. 560; c. Phorni. 913; c. Steph. 
 1109 ; r. Eubid. 1305.) In the editions that we 
 have of the orators we see sometimes Haprvpia 
 
MAPTTPl'A. 
 
 written (wlicn evidence is produced) and 6oine- 
 timca Mdprvpes. Tiie student must not be de- 
 ceived by this, and suppose that sometimes the 
 deposition only was read, sometimes the witnesses 
 themselves were present. The old editors merely 
 followed the language of the orators, who said 
 " call the witnesses," or " mount up witnesses," or 
 " the clerk shall read you the evidence," or some- 
 thing to the same effect, varying the expression 
 according to their fancy. (See Lys. pro Afaniith. 
 147. ed. Steph. ; Isaeus, <le Pi/rr. her. 4.5. ed. 
 Steph. ; Demosth. c. CalUpp. 123G ; c. Ncaer. 
 1352.) 
 
 If the witness was hostile, he was required 
 either to depose to the statement read over to him, 
 or to take an oath that he knew nothing about it 
 (ftapTupeif rj 6|0juvueii'). One or the other he 
 was compelled to do, or, if he refused, he was sen- 
 tenced to pay a fine of a thousand drachms to the 
 state, which sentence was immediately proclaimed 
 by the officer of the court, who was commanded 
 icAT)T6ufiJ' or eKicAi7T6U€ic auToV, i. e. to give him 
 notice that he was in contempt and had incurred 
 the fine. (Demosth. c. Aphob. 850 ; c. Ncaer. 1373 ; 
 c. Theocr. 1324 ; Acsch. c. Timarch. 10. ed. Steph.; 
 Isaeus, de. Astyph. her. 76. ed. Steph. ; c. Leocr. 
 1 50. ed. Steph. ; Meier and Schomann, Ati. Proc. 
 p. 672 ; Platn. Att. Proc. p. 21 9.) 
 
 An oath was usually taken by the witness at 
 the oroKpifris, where he was sworn by the opposite 
 party at an altar (trpos toc ^tuixuv i^apKiaBri). If 
 he had not attended at the dvaKpicris, he might be 
 sworn afterwards in court ; as was always the case 
 when a witness took the oath of denial (ejco/xotre). 
 In the passage just cited from Lycurgus, the ex- 
 pression \a€6vTas to Upoi means nothing more 
 than touching the altar or its appurtenances, and 
 has no reference to victims. (Valckenaer, Ojiusc. 
 Phi/ol. vol. i. p. 37 — 39.) Whether the witness 
 was always bound to take an oath, is a doubtful 
 point. (See Demosth. c. Coron. 1265 ; c. Steph. 
 1119; c. EM. 1305; Acsch. de Pais. Ley. 49. 
 cd. Steph. ; Schomann, Att. Proc. p. 675.) 
 
 The oath of the witness (the ordinary v6ixijios 
 opKos) must not be confounded with the oath 
 taken by one of the parties, or by some friend or 
 other person, out of court, with a view to decide 
 the cause or some particular point in dispute. This 
 was taken by the consent of the adversary, upon a 
 challenge given and accepted ; it was an oath of a 
 more solemn kind, sworn by (or upon the heads of) 
 the children of the party swearing (kutoL toSv 
 Trai'Sttjf), or by perfect or full-grown victims (wafl' 
 Upaiv TcAei'tov), and often with curses upon himself 
 or his family (kot' e|ci)A.eios), and sometimes was 
 accompanied with peculiar rites, such as passing 
 through fire (Stti Toi; iruprfj). The mother, or 
 other female relation of the party (who could not 
 be a witness) was at liberty to take this oath. 
 (Demosth. c. ApJMb. 852 ; c. Boeot. de Dote, 1011; 
 c. Timoth. 1203 ; c. CuUipp. 1240 ; c Conon. 1269 ; 
 c. Ncaer. 1365; Wachsmuth, ii. i. 335 ; Hudt- 
 walcker, 52 — 57.) 
 
 On some extraordinarj' occasions we find that 
 freemen were put to the torture by a special de- 
 cree of the people or the senate ; as on the occasion 
 of the mutilated Hermes busts (Thirlwall, Hint, of 
 Greece, c. 25. p. 393) ; and they were less scrupul- 
 , ous about aliens than about citizens; but (as a 
 general rule) it is certain that freemen could not 
 be tortured in courts of justice, and even an eman- 
 
 MAPTTPI'A. 
 
 607 
 
 cipated slave, Demosthenes says, it would be an 
 act of impiety (ou5' oJiov) to give up for such a 
 purpose. (Demosth. c. Aph/>!>. 856 ; c. Timoth. 
 I2U0; Meier, Att. Proc. p. 684.) 
 
 With respect to hearsay evidence see 'EKMAP- 
 TTPI'A: and \vith respect to the affidavit called 
 Sianaprvpia, see Heres (Greek), p. 471. 
 
 We have hitherto spoken only of causes which 
 came before the dicasts in the ordinary way,and have 
 said nothing of those which were decided by the 
 public arbitrators. The above remarks, however, 
 will equally apply to the latter, if the reader will 
 bear in mind that the arbitrator performed the 
 duties of the magistrate at the avaKpicns as well as 
 those of the ZiKaarai at the trial. He heard the 
 witnesses and received the depositions from day to 
 day, as long as he sat, and kept the 4xivos open 
 until the last day (Kupiav -q/jLepau). (See Demosth. 
 c. Mid. 541 ; c. Timoth. 1190 ; Meier and Scho- 
 mann, Att. Proc. 676.) 
 
 If the witness in a cause gave false evidence, 
 the injured party was at liberty to bring an action 
 against him (Si'ktj il/evSo/j.apTvpiav') to recover com- 
 pensation. The proceeding was sometimes called 
 €Tri(r/c7)i)/is, and the plaintiff was said 67ri(rKi)irT€0-- 
 dai Tjj ij.apTvpia or 7o> fidpTvpi (Isaeus, de Pyrr. 
 lier. 39 ; de Difacoj. her. 52. ed. Steph. ; Demosth. 
 c. Aphol). 846. 856 ; Harpoc. s. v. 'EneaKrj'paTo). 
 This cause was probably tried before the same pre- 
 siding magistrate as the one in which the evidence 
 was given. (Meier, Att. Proc. p. 45.) The form 
 of the plaintiff's bill, and of the defendant's plea in 
 denial, will be found in Demosthenes (c.Stcph. 1115). 
 From the same passage we also learn that the 
 action for false testimony was a tijUtjtos dywi', in 
 which the plaintiff laid his own damages in the 
 bill ; and from Demosthenes (c. Aphol). 849. 859), 
 it appears that the dicasts had power not only to 
 give damages to the plaintiff, but also to inflict the 
 penalty of oriftia by a irpotrTi'/xr/ffir. (See also Isaeus, 
 dc Dicaeof/. Iicr. 52.) A witness who had been a 
 third time convicted of giving false testimony was 
 ipso jure disfranchised. (Meier, Proc. p. 383.) 
 The main question to be tried in the cause against 
 the witness was, whether his evidence was true or 
 false ; but another question commonly raised was, 
 whether his evidence was material to the decision 
 of the previous cause. (Demosth. c, Eiuin/. ci 
 Mnes. 11,39. 1)61 ; c. ApM,. 853—856 ; c. Steph. 
 II17 ; Platner. Att. Proc. i. 400, &c.) 
 
 When a witness, by giving false evidence against 
 a man upon a criminal trial, had procured his con- 
 viction, and the convict was sentenced to such a 
 punishment (for instance, death or banishment) as 
 rendered it impossible for him to bring an action, 
 any other person was allowed to institute a public 
 prosecution against the witness, either by a 7pa<|)^, 
 or perhaps by an ilaayf^Kla. or npuSoX-ft. (Andoc. 
 dc Mysl. 4 ; Platner, Att. Proc. 411 ; Meier, AU. 
 Proc. 382.) 
 
 After the conviction of the witness, an action 
 might be maintained against the party who sub- 
 orned him to give false evidence, called Si'/crj 
 KaKOTexviiiv. (Demosth. c. Timoth. I20I ; c. Euerg. 
 and Mnes. 1139.) And it is not improbable that a 
 similar action might be brought against a person, 
 who had procured false evidence to be given of a 
 defendant having been summoned, after the con- 
 viction of the witness in a ypcfprj )|/6i;5okXi)T€i'os. 
 (Meier, /•roc. 759.) 
 
 It appears that in certain cases a man who had 
 
608 
 
 MATRALIA. 
 
 MEDICINA. 
 
 lost a cause was enabled to obtain a reversal of the 
 judgment (SIktj dvdSiKos), by convicting a certain 
 number of the adverse witnesses of false testimony. 
 Thus in inheritance causes the law enacted idv 
 tt\<fi Tis Twp '^evSonapTvpiaiv, irdXiv dpxv^ 
 wat 7rep\ avTwv rds \Ti^eis. (Isaeus, de Ha<i/!. 
 f<er.S8. ei.StQph.;de Dkaeoff.her. o0,5\.) This was 
 the more necessary, on account of the facility afford- 
 ed to the parties to stop the progress of these causes 
 by affidavits [AIAMAPTTPrA],and also because no 
 money could compensate an Athenian for the loss 
 of an inheritance. The same remedy was given 
 by the law to those who had been convicted in a 
 Si'/cij jfievSo/j-apTvpiaiv or in a ypaprj ^evias. In the 
 last case the convicted person, who proceeded 
 against tlie witness, was compelled to remain in 
 prison until the determination of his suit. (De- 
 mosth. c. Timocr. 741.) We are informed that 
 these are the only cases in which a judgment was 
 allowed to be reversed in this way ; but whether 
 there were not more cases than these has been 
 justly doubted by Schomann {Att. Proc. 761). 
 The Scholiast on Plato {Leg. xi. 14) is evidently 
 ■i\Tong in supposing that it was necessary under the 
 Athenian law to convict more than half the num- 
 ber of the witnesses. This appears from the passage 
 above cited from Isaeus on the estate of Hagnias. 
 
 We conclude by noticing a few expressions. 
 MapTvpuf rivi is to testify in favour of a man, 
 KarafiapTvpeiv tivos to testify against. Maprv- 
 peaOai to call to witness (a word used poetically), 
 Sia/xapTvpecrBai and sometimes iirtfiaprvpeaBai, 
 Toi)5 irapovTas, to call upon those who are pre- 
 sent to take notice of what passes, with a 
 view to give evidence. (Demosth. c. Euerg. et 
 Alnes. 1150.) ^euSo/uopruDerv and fTftopKeiv are 
 never used indifferently, which affords some proof 
 that testimony was not necessarily on oath. The 
 /uoprus (\\-itne6S in the cause) is to be distinguish- 
 ed from the kXtjttJp or KKrirap, who merely gave 
 evidence of the summcms to appear. [C. R. K.] 
 MA2THTE2. [ZHTHTAl'.] 
 MASTI'GIA. [Flagrlm.] 
 MATERFAilI'LIAS. [Marriage (Ro- 
 man), p. 602.] 
 
 JIATRA'LIA, a festival celebrated at Rome 
 even,- year on the 11th of June, in honour of the 
 goddess Mater Matuta, whose temple stood in the 
 Fonun Boarium. It was celebrated ordy bj' Ro- 
 man matrons, and the sacrifices offered to the god- 
 dess consisted of cakes baked in pots of earthen- 
 ware. (Varro de Ling. Lat. iv. p. 31. Bip. ; Ovid, 
 Fast. vi. 475, 6lc.) Slaves were not allowed to 
 take part in the solemnities or to enter the temple 
 of the goddess. One slave, however, was admitted 
 by the matrons, but only to be exposed to a humi- 
 liating treatment, for one of the matrons gave her 
 a blow on the cheek and then sent her away from 
 the temple. The matrons on this occasion took 
 with them the children of their sisters, but not 
 theii- own, held them in their arms, and prayed for 
 their welfare. (Plut. Camil. 5 ; Quaesi. Rom. p. 
 267.) The statue of the goddess was then crown- 
 ed with a garland, by one of the matrons who had 
 not yet lost a husband. (TertuU. Monogam. c. 17.) 
 The Greek writers and their Roman followers, 
 who identify the Mater Matuta with Leucothea or 
 Ino, explain the ceremonies of the Matralia by 
 means of the m\-tliological stories which relate 
 to these Greek goddesses. But the real import of 
 the worship of the Mater Matuta appears to have | 
 
 been to inculcate upon motliers the principle, 
 that they ought to take care of the children of 
 their sisters as much as of their ovm, and that 
 they should not leave them to careless slaves, the 
 contempt for wliom was symbolically expressed by 
 the infliction of a blow on the cheek of the one ad- 
 mitted into the temple. (Compare Hartung, Die 
 Rcliii. der R'thner, ii. p. 75.) [L. S.] 
 
 MATRIMO'NIUM. Marriage (Roman).] 
 MATRO'NA. [Marriage (Roman), p. 602.] 
 MAUSOLE'UM. [Funi's, p. 441.] 
 JIAZO'NO^MUS {pLa^ovofios, dim. fm^ovofuov, 
 Athen. V. 30. 34), from fid^a, a loaf, or a cake ; 
 properly a dish for distributing bread : but the 
 term is applied also to any large dish used for 
 bringing meat to table. (Varro, rfe Re Rust. iii. 4.) 
 [CoENA, p. 252.] These dishes were made either 
 of wood (PoUux, vii. 87), of bronze (Athen. iv. 
 31), or of gold (Athen. v. 27). [J. Y.] 
 
 MEDIASTI'NI,the name given to slaves, used 
 for any common purpose, and are said by the 
 Scholiast upon Horace {Ep. i. 14, 14) to be those 
 '■ qui in medio slant ad quaevis imperata parati." 
 The name is chiefly given to certain slaves belong- 
 ing to the familia rastica (Cic. Cat. ii. 3 ; Colum. 
 i. 9 ; ii. 13), but is also applied sometimes to slaves 
 in the city. (Dig. 4. tit. 9. s. 1. § 5 ; 7. tit. 7. s. 6.) 
 
 MEDICI'NA ('larpiKij), the name of that 
 science which, as Celsus says {de Alctlic. lib. i. 
 Praefat.), " Sanitatem aegris promittit," and whose 
 object Hippocrates defines {de Arte, tom. i. p. 7. 
 ed. KUhn) to be " the delivering sick persons from 
 their diseases, and the diminishing the force of 
 sicknesses, and the not undertaking the treat- 
 ment of those who are quite overcome by sick- 
 ness, as we know that medicine is here of no 
 avail." For other definitions of the art and 
 science of Medicine given by the ancients, 
 see Pseudo-Galen {Introduct. Seu Mediais, c. 6. 
 tom. xiv. p. 686 — 8. ed. Kiihn). The invention 
 of medicine was almost universally attributed by 
 the ancients to the gods. (Hippocr. de Prisca 
 Medic, tom. i. p. 39 ; Pseudo-Galen, Introd. cap. i. 
 p. 674 ; Cic. Tusc. Dis. iii. 1 ; Plin. H. N. xxix. 
 1.) Another source of information was the ob- 
 serving the means resorted to by animals when 
 labouring under disease. Pliny {H. N. viii. 41) 
 gives many instances in which these instinc- 
 tive efforts taught mankind the properties of vari- 
 ous plants, and the more simple surgical operations. 
 The wild goats of Crete pointed out the use of the 
 Dictamnus and vidnerary herbs ; dogs when in- 
 disposed sought the Triticum repens, and the same 
 animal taught to the Eg\'ptians the use of purga- 
 tive, constituting the treatment caUed Syrraai'sm. 
 The hippopotamus introduced the practice of bleed- 
 ing, and it is affirmed that the employment of 
 clysters was shown by the ibis. (Compare Pseudo- 
 Galen, Introd. c. 1. p. 675.) Sheep with worms in 
 their liver were seen seeking saline substances, and 
 cattle affected with dropsy anxiouslj' looked for 
 chalybeate waters. We are told (Herod, i. 197 ; 
 Strabo, x\-i. c. 1. ed. Tauchn. ; Pseudo-Galen, In- 
 trod. I. c.) that the Babylonians and Chaldeans had 
 no physicians, and in cases of sickness the patient 
 was earned out and exposed on the highway, that 
 any persons passing by who had been affected in a 
 similar manner, might give some information re- 
 specting the means that had afforded them re- 
 lief. Shortl}' afterwards, these observations of 
 cures were suspended in the temples of the 
 
MEDICINA. 
 
 MEDICINA. 
 
 609 
 
 gods, and we find that in Egypt the walls of 
 their sanctuaries were covered with records of 
 this description. The priests of Greece adopt- 
 ed the same practice, and some of the tablets 
 suspended in their temples are of a curious charac- 
 ter, which will illustrate the custom. The following 
 votive memorials are given by Hieron. Mercurialis 
 (de Arte Gymnast. Arastel. 4to. 1672, p. 2, 3) : — 
 " Some days back a certain Caius, who was blind, 
 learned from an oracle that he should repair to the 
 temple, put up his fervent prayers, cross the sanc- 
 tuary from right to left, place his five fingers on the 
 altar, then raise his hand and cover his eyes. He 
 obeyed, and instantly his sight was restored amidst 
 the loud acclamations of the multitude. These 
 signs of the omnipotence of the gods were shown 
 in the reign of Antoninus." " A blind soldier 
 named Valerius Apes, having consulted the oracle, 
 was informed that he should mix the blood of a 
 white cock with honey, to make up an ointment 
 to be applied to his e3'es, for three consecutive 
 days : he received his sight, and returned public 
 thanks to the gods." " Juhan appeared lost be- 
 yond all hope from a spitting of blood. The god 
 ordered him to take from the altar some seeds of 
 the pine, and to mix them with honey, of which 
 mixture he was to eat for three days. He was 
 saved, and came to thank the gods in presence of 
 the people." 
 
 The whole science of medicine was divided 
 into five parts (Pseudo-Galen, Inlrod. c. 7. p. 689), 
 viz. : — ^vaioKoyiKrj, Physiology and Anatomy 
 [Physiologia] ; 'AiTioAoyi/cTj, Aetiology, or the 
 doctrine of the causes of disease ; naQoXcryiKri, 
 Pathology [Pathologia] ; 'Tyieivoc, Hygiene, or 
 the art of preservinp health ; 2tjfifi<iiTiKrj, Semeiolo- 
 gy, or the knowledge of the sjTnptoms of disease, 
 including Diagnosis [Semeiotica] ; and Qepainu- 
 Tiicrj, Therapeutics, or the art of healing [Thera- 
 peutica]. With regard to the medical literature 
 of the ancients, " When " (says Littr^, Oeuvres 
 Completes cl'Hippocrate, torn. L Introd. ch. 1. p. 3) 
 " one searches into the history of medicine and the 
 commencement of the science, the first body of 
 doctrine that one meets with is the collection of 
 writings known under the name of the works of 
 Hippocrates. The science mounts up directly to 
 that origin and there stops. Not that it had not 
 been cultivated earlier, and had not given rise to 
 even numerous productions ; but every thing that had 
 been made before the physician of Cos has perish- 
 ed. We have only remaining of them scattered 
 and uncoimected fragments; the works of Hippo- 
 crates have alone escaped destruction ; and by a 
 singular circumstance there exists a great gap after 
 them, as well as before them. The medical works 
 from Hippocrates to the establishment of the school 
 of Alexandria, and those of that school itself, are 
 completely lost, except some quotations and pas- 
 sages preserved in the later writers ; so that the 
 writings of Hippocrates remain alone amongst the 
 ruins of ancient medical literature." The Ascle- 
 piadae, to which family Hippocrates belonged, 
 ■were the supposed descendants of Aesculapius 
 ('Ao-kA^'ttios), and were in a manner the heredi- 
 tary physicians of Greece. They professed to have 
 among them certain secrets of the medical art, 
 which had been handed down to them from their 
 great progenitor, and founded several medical 
 schools in different parts of the world. Galen men- 
 tions (De Meth. Med. i. 1. tom. x. p. .5, 6) three 
 
 viz., Rhodes, Cnidos, and Cos. The first of these 
 appears soon to have become extinct, and has left 
 no traces of its existence behind. From the second 
 proceeded a collection of observations called Kvl- 
 Stai Tvaiimi, " Cnidian Sentences," a work of much 
 reputation in early times, which is often mentioned 
 by Hippocrates {de Rut. Vict, in Morh. A cut.), and 
 which appears to have existed in the time of Galen. 
 (Comment, in Hipprjcr, lib. cit. tom. xv. p. 427.) 
 The school of Cos, however, is by far the most 
 celebrated, on account of the greater number of emi- 
 nent physicians that sprang from it, and especially 
 from having been the birth-place of the great Hip- 
 pocrates. We learn from Herodotus (iii. 131) that 
 there were also two celebrated medical schools at 
 Crotona in Magna Graecia, and at Cyrene in 
 Africa, of which he says that the former was in 
 his time more esteemed in Greece than any other, 
 and in the next place came that of Cyrene. But 
 neither of these require any particular notice here, 
 nor will it be necessary to do more than mention 
 the more celebrated medical sects, referring for fur- 
 ther particulars to their names in this work. The 
 oldest, and perhaps the most influential of these, 
 was that of the Dogmatici, founded about b. c. 
 400 by Thessalus, the son, and Polybus, the son- 
 in-law of Hippocrates, and thence called also the 
 Hijijiocratici. These retained their influence till 
 the rise of the Emplrici, founded by Serapion of 
 Alexandria,and PhUinus of Cos, in the third century 
 B. c. ; after which time every member of the medi- 
 cal profession during a long period ranged himself 
 in one of these two sects. In the first century 
 B. c, Themison founded the sect of the Metho- 
 Dici, wlio held doctrines nearly intermediate be- 
 tween those of the two sects already mentioned. 
 About two centuries later the Methodici were 
 divided into numerous sects, as the doctrines of 
 particular physicians became more generally re- 
 ceived. The chief of these sects were the Pneu- 
 •MATici and EcLECTici; the former founded by 
 Athenaeus about the middle or end of the first 
 century A. d. ; the latter about the same time 
 either by Agathtnus of Sparta, or his pupil Archi- 
 genes. The Episynthetici (called also Hectici) 
 are supposed to have agreed very nearly in their 
 tenets with those of the Eclectici. 
 
 It only remains to mention the principal 
 medical authors after Hippocrates whose works 
 are still extant, referring for more particulars re- 
 specting their writings to the articles on Chi- 
 
 RURGIA, DlAETETICA, PaTHOLOGIA, PhARMA- 
 
 ceutica, Physiologia, Semeiotica, and Thera- 
 PEirxiCA. Celsus is supposed to have lived in the 
 Augustan age, and deserves to be mentioned more 
 for the elegance of his style, and the neatness 
 and judiciousness of his compilation, than for any 
 original contributions to the science of Medicine.* 
 Dioscorides of Anazarba, who lived in the first 
 century after Christ, was for many centuries the 
 greatest authority in Materia Medica, and was 
 almost as much esteemed as Galen in Medicine 
 and Physiology, or Aristotle in Philosophy. Are- 
 
 * Indeed many persons have doubted whether 
 Celsus were really a professional man, or whether 
 he only wrote his work " De Medicina " as a sort 
 of rhetorical exercise. See Mich. Christ. Just. 
 Eschenbach, Epistola, &c. ubi " De Celso non Me- 
 dico Practice disseritur," Lips. 4to. 1772 ; also Le 
 Clerc's, and SprengePs Histories of Medicine. 
 
 2 R 
 
610 
 
 MEDICUS. 
 
 taeus, who probably lived in the time of Nero, is 
 an interesting and stril<ing writer, both from tlie 
 beauty of his language, and from the originality of 
 his opinions. The next in chronological order, and 
 perhaps the most valuable, as he is certainly the 
 most voluminous, of all the medical writers of anti- 
 quity, is Galen, who reigned supreme in all mat- 
 ters relating to his art till the commencement of 
 modem times. He was bom at Pergamus A. D. 
 131, came early in life to Rome, where he lived in 
 great honour, and passed great part of his daj's, and 
 died A. D. 'iOl. After him the only writers de- 
 serving particular notice are Oribasius of Pergamus, 
 physician to the emperor Julian in the fourth cen- 
 tury after Christ ; Aetius of Amida, who lived 
 probably in the sixth century ; Alexander Tralli- 
 anus, who lived something later ; and Paulus Aegi- 
 neta who belongs to the end of the seventh. 
 
 [W. A. G.] 
 
 ME'DICUS ('loTpJs), the name given by the 
 ancients to every professor of the healing art, 
 whether physician or surgeon, and accordingly both 
 divisions of the medical profession will here be 
 included under that term. In Greece and Asia 
 Minor physicians seem to have been held in high 
 esteem ; for, not to mention the apotheosis of 
 Aesculapius, who was considered as the father of 
 it, there was a law at Athens that no female or 
 shire should practise it (Hyginus, Fab. 274) ; 
 Aelian mentions one of the laws of Zaleucus 
 among the Epizephyrian Locrians, by which it was 
 ordered that if any one during his illness should 
 drink wine contrary to the orders of his physician, 
 even if he should recover, he should be put to 
 death for his disobedience ( Var. Hist. ii. 37); and, 
 according to Mead, there are extant several 
 medals* struck by the people of Smyrna in honour 
 of different persons belonging to the medical pro- 
 fession. (^Dissertalio dc Nuiiimis quibusdam a 
 Sinyniueis in Medicorum Honorem pcrcussis, 4to. 
 Lond. 1724.) If the decree of the Athenians 
 (published among the letters of Hippocrates) be 
 genuine, and if Soranus {i/i Vita Hijipocr.) can be 
 depended on, the same honours were conferred 
 upon that physician as liad before been given to 
 Hercules ; he was voted a golden crown, pubUcly 
 initiated into the Eleusinian mysteries, and main- 
 tained in the Prvtaneum at the state's expense. 
 (Compare Plin. H. N. vii. 37.) 
 
 As there were no hospitals among the ancients, 
 the chief places of study for medical pupils were 
 the 'Afl-KArjTrieia, or temples of Aesculapius, where 
 the votive tablets furnished them with a collection 
 
 * The following observation concerning these 
 medals is given by Kuhn (Additam. ad Elencli. 
 Medicor. Veier. a lo. A. Fahricio in Biblioth. 
 G-radca Exliilnium, 4to. Lips. 1826 — 9): — 
 " Alii, idque hand dubie rectius, verosimilius 
 existimabant nomina in hisce nummis obvia mi- 
 nime signihcare medicos, qui de Smymaeis suae 
 medicae artis cognitione bene meruerint, sed 
 potius summos illius urbis magistratus. Vid. 
 partim CI. Wise in Mus. Bodlei, p. 140. qui 
 Meadianae sententiae acerbus exstitit censor, 
 partim Jos. Eckhel. in Dortr. Num. Vetcr. To. II. 
 p. 639. ct Jo. Cph. Rasche in Lex Univ. Rei 
 Num. Vet.To.W. p. 2. Lips. 1790,8. quip. 1219. 
 plures scriptores de Smyrnaeorum nummis ad- 
 duxit."(In voce " Apollophanes.") 
 
 MEDICUS. 
 
 of cases. The Asclepiadae [Medicina] were very 
 strict in examining into and overlooking the 
 character and conduct of their pupils, and the 
 famous Hippocratic oath (which, if not drawn up 
 by Hippocrates himself, is certainly almost as 
 ancient*) requires to be inserted here as being the 
 most curious medical monument of antiquity. " I 
 swear by Apollo the physician, by Aesculapius, by 
 Hygeia, and Panaceia, and all the gods and god- 
 desses, calling them to witness that I will fulfil 
 religiously, according to the best of my power and 
 judgment, the solemn promise and the written 
 bond which I now do make. I will honour as 
 my parents, the master who has taught me this 
 art, and endeavour to minister to all his neces- 
 sities. I will consider his children as my o^vn 
 brothers, and will teach them my profession, should 
 they express a desire to follow it, without re- 
 muneration or written bond. I will admit to 
 my lessons, my discourses, and all my other 
 methods of teaching, my own sons, and those of 
 my tutor, and those who have been inscribed as 
 pupils and have taken the medical oath ; but no 
 one else. I will prescribe such a course of 
 regimen as may be best suited to the condition of 
 my patients, according to the best of my power 
 and judgment, seeking to preserve them from any- 
 thing that might prove injurious. No induce- 
 ment shall ever lead me to administer poison, nor 
 will I ever be the author of such advice : neither 
 will I contribute to an abortion. I will maintain 
 religiously the purity and integrity both of my 
 conduct and of my art. I will not cut any one 
 for the stone, but will leave that operation to those 
 who cultivate it. + Into whatever dwellings I 
 may go, I will enter them with the sole view of 
 succouring the sick, abstaining from all injurious 
 views and corruption, especially from any immodest 
 action, towards women or men, freemen or slaves. 
 If during my attendance, or even unprofessionaUy 
 in common life, I happen to see or hear of any 
 circumstances which should not be revealed, I will 
 consider them a profound secret, and observe on 
 the subject a religious silence. May 1, if I 
 rigidly observe this my oath, and do not break it, 
 enjoy good success in life, and in [the practice of] 
 my art, and obtain general esteem for ever ; should 
 I transgress and become a perjurer, may the reverse 
 be my lot." 
 
 Some idea of the income of a physician in those 
 times may be formed from the fact mentioned by 
 Herodotus (iii. 131) that the Aeginetans (about 
 the year B. c. 532) paid Democedes from the 
 public treasury one talent per annum for his ser- 
 vices, i. e. (if we reckon, with Hussey, Ancient 
 
 * It is generally considered to be spurious (see 
 J. C. Ackennann, Ilist. Liter. Hi)ipocr., in Fabr. 
 Bibl. G)-., cd. Harles, or in Kuhn's cd. of Hippocr.), 
 but M. Littrc, the editor of the new Paris edition 
 of Hippocrates, believes it to be genuine. For a 
 copious and learned explanation of every clause 
 of the Oath, see Meibom's edition, Gr. and Lat., 
 Lugd. Bat., 4to. 1643. 
 
 f 'E/cxwpijiTa) Sc ipydrrKTiv duSpdiri Trpiq^ios 
 T-rjaSe, Though the writer has translated this pas- 
 sage as above, both here and also in page 220, he 
 does not feel at all sure that the other construction, 
 viz. making irpTf^ios TrjaSe depend on (Kx<^priffu, 
 is not preferable. 
 
MEDICUS. ^ 
 
 Weigltis and Money, ^c, the Aeginetan drachma 
 to be worth Is. \^d.) not quite 344^.; he after- 
 wards received from the Athenians one hundred 
 minae, i. e. (reckoning, with Hussey, the Attic 
 drachma to be worth 9^rf.) rather more than 40(i/., 
 and he was finally attracted to Samos by being 
 offered by Polycrates a salary of two talents, i. c. 
 (if the Attic standard be meant) 487/. 10s. It 
 should however be added that Valckenaer doubts 
 the accuracy of this statement of Herodotus with 
 respect to the Aeginetans and Athenians (and ap- 
 parently with reason) on the ground that the latter 
 people, at the time of their greatest wealth, only 
 allowed their ambassadors two drachmae (or Is. 
 y-irf.) per day, i. c. somewhat less than thirty 
 pounds per annum. (Aristoph. Acharn. v. 66.) A 
 physician, called by Pliny both Erasistratus(i/. 
 xxix. 3) and Cleombrotus(//.iV. vii. 37), is said by 
 him to have received one hundred talents for 
 curing king Antiochus, which (if we suppose the 
 Attic talents of the standard of Alexander's coin- 
 age to be meant, which, accordUig to Hussey, was 
 worth 243/. 15s.) would amount to 24,375/.* It 
 seems to have been not uncommon among the 
 Greeks in those times (as afterwards in the later 
 Roman empire, see Archiater) for states to 
 maintain physicians, who were paid at the public 
 cost (Xen. Mem. iv. 2. § 5 ; Plato, Gory. § 23; 
 Strabo, iv. p. 125 ; Died. Sic. xii. 13); and these 
 again had attendants, for the most part slaves, who 
 exercised their calling among people of low condi- 
 tion. (Plato, De Ley. iv. p. 720. ed. Stcph.; Bcickh, 
 Puhl. Econ. of Alliens, vol. i. p. 160.) 
 
 The Romans derived their knowledge of medi- 
 cine at first from the Etrurians and afterwards 
 from the Greeks. In the most ancient times the 
 haruspices practised medicine in connection with 
 the augurs, and in the opinion of Sprengel {Hist, 
 de la Med.), who regarded the ancient Roman 
 legends as historical facts, it was probably some of 
 these that Araulius sent to Rhea Silva, when she 
 was pregnant, to examine the nature of her myste- 
 rious disease. (Dionj's. Halicarn. i. 78.) One of 
 the most ancient customs at Rome in order 
 to ward oif epidemic diseases, and to appease the 
 anger of the gods, was the interrogating the books 
 bought by Tarquin of the Sibyl. In the earlier 
 times of the Roman republic physicians are said 
 by Pliny to have been unknown (If.JV. xxix. 5) ; and 
 for some time afterwards the exercise of the pro- 
 fession was in a great measure confined to persons ' 
 of servile rank ; for the richer families having 
 skves who were skilled in all sorts of trades, &c., 
 generally possessed one or more that understood 
 medicine and surgery. (Middleton's Essay, De • 
 Medicoriim apud Romanos deyentium Conditione, '■ 
 Cantab. 1 726, 4to. and the various answers to it 
 that appeared on its publication.) To this practice, 
 however, there were many exceptions : e. g. the 
 physician who was taken prisoner with Julius 
 Caesar by the pirates at the island of Pharmacusa 
 (Siieton. J. Cues. 4), and who is called his fi'iend 
 I'V Plutarch (see Casaubon's note on Sueton.); 
 Archagathus, who being the first foreign surgeon 
 tliat settled at Rome, had a shop bought for him 
 
 * If, however, the Alexandrian standard, which 
 is found in the coins of the Ptolemies, be meant, 
 it would amount (reckoning the drachma as Is. 
 3^/.) to 39,375/. ; an almost incredible sum. 
 
 MEDIMNUS. 611 
 
 at the public expense, and was presented with the 
 Jus Quiritium B. c. 219 (Cassius Hemina up. Plin. 
 II. X. xxix. 6) ; Artorius, who is known to have 
 been a physician (Cael. Aurel. De Morii. Acui. iii. 
 1 4. p. 224), and who is called the friend of Au- 
 gustus (Plutarch, Brut. cap. 41. ed. Tauchn., where, 
 however, it should be noticed that some editions 
 read 'AcTtucioj instead of 'ApTcupios) ; Asclapo, 
 whom Cicero calls his fiiend ((«/ Fam. xiii. 20); 
 Asclepiades, the friend of Crassus the orator (Cic. 
 de Ortit. i. 14) ; Eudenuis, who is called by Tacitus 
 {Annul, iv. 3) the friend and physician of Livia ; 
 and others. The hatred borne by Cato the censor 
 against the Greek physicians as well as the Greek 
 philosophers at Rome is well known, but it is not 
 true that he caused them to be expelled from Rome. 
 (See Sprengel, Ilkt. de la Med.) With respect 
 to the income made by eminent physicians in 
 ! the early times of Rome, the writer is not 
 aware of any data for ascertaining it ; at the be- 
 ginning of the empire, we learn from Pliny (i/.iV. 
 xxix. 5) that Albutius, Arruntius, Calpetanus, 
 Cassius, and Rubrius gained 250,000 sesterces 
 per annum, i. e. (reckoning with Hussey the 
 mille nummi (sestertiuut) to be worth, after the 
 reign of Augustus, 7/. 16s. 3</.) 1953/. 2s. M.; 
 that Quintus Stertinius made it a favour that 
 he was content to receive from the emperor 
 500,000 sesterces per annum (or 3906/. 5s.), as 
 he might have made 600,000 sesterces (or 
 4687/. 10s.) by his private practice ; and that he 
 and his brother, who received the same annual in- 
 come from the emperor Claudius, left between 
 them at their death, notwithstanding large sums 
 that they had spent in beautifying the city of 
 Naples, the sum of thirty millions of sesterces (or 
 234,375/.). 
 
 Of the previous medical education necessary to 
 qualify a physician at Rome for the legal practice of 
 his profession in the early times, we know nothing ; 
 afterwards, however, this was nnder the superin- 
 tendence of the archiatri. [Archiater.] 
 
 Two other medical titles that we meet with un- 
 der the emperors were latrosophista (see the word) 
 and Aetaurius, 'AKTovdpios. The latter was a title 
 at the court of Constantinople, given apparently 
 only to phj'sicians, and quite distinct from the use 
 of the word found in the earlier Latin authors. 
 (See Du Cange, Gloss. Grace., torn. i. p. 46, and 
 Possini, Gloss, ad Pachymcr, Hist. Andronici, 
 tom. i. p. 366, seq., and tom. ii. p. 468, 469.) 
 Besides Joannes the son of Zacharias, who is better 
 known by his title of Actuarius than by his real 
 name, several other physicians are recorded as 
 having arrived at this dignity. [W. A. G.] 
 
 MEDIMNUS (ixiiiixvos or /xeSifMVos fftrripds), 
 the principal dry measure of the Greeks. It was 
 used especially for measming corn. It had dif- 
 ferent sizes in the different states of Greece. The 
 Attic medimnus was equal to six Roman modii. 
 (Nepos, Vit. Alt. c. 2 ; Cic. in Verr. ii. iii. 45, 46, 
 where Cicero explains 50,000 medimni by 300,000 
 modii, and 36,000 medimni by 216,000 modii ; 
 Suidas, s. v.; Rhemn. Faun. v. 64. 
 
 " Hujus dimidimn fert urna, ut et ipsa medimni 
 Amphora, terque capit medium.") 
 
 Suidas makes the medimnus = 108 litrae, con- 
 founding it apparently with the metretes. The 
 medimnus contained 11 galls. 7"1456 pints. Eng. 
 It was divided into the following parts: — 
 
612 
 
 MEGALESIA. 
 
 6 eKToi, 
 
 12 I'ifi'teKTa 
 
 48 x^'^'fcj 
 
 96 leVrai 
 
 192 KOTvAai 
 
 each 
 
 Galls. 
 
 Pts. 
 7-8676 
 7-9288 
 1-9822 
 •9911 
 -4955 
 
 of which the x"'"''?! ^^'^'^V^, and Kori\-r\ and their 
 further subdivisions were common to the dry and 
 fluid measures, but the X""''? was of different sizes. 
 [Metretes ; XOrNlH ; HE'2TH2 ; Cotyla.] 
 
 [P. S.] 
 
 MEDITRINA'LIA was one of the festivals 
 connected with the cultivation of vineyards. It 
 took place on the eleventh of October, on which 
 day the people of Latium began to taste their new 
 wine (mustum), and to offer libations of it to the 
 gods. In drinking the new wine it was customary 
 to pronounce the words : " vetus novum vinum 
 bibo, veteri novo morbo medeor." (Varro de Ling. 
 Lut.v. p. 57. Bip. ; Festus, s. v. MedilrinaHa.) Varro 
 derives the name of the festival from the healing 
 power of the new wine, but Festus speaks of a 
 goddess Meditrina. [L. S.] 
 
 MEGALE'SIA, MEGALENSIA, or MEGA- 
 LENSES LUDl, a festival with games celebrated 
 at Rome in the month of April and in honour of 
 the great mother of the gods. (Cybcle, fxeydXri ^e6s, 
 whence the festival derived its name.) The statue 
 of the goddess was brought to Rome from Pessinus 
 in the year 203 b. c, and the day of its arrival 
 was solemnised with a magnificent procession, Iccti- 
 steniia, and games, and great numbers of people 
 carried presents to the goddess on the Capitol. 
 (Liv. xxix. 14.) The regular celebration of the 
 Megalesia, however, did not begin till twelve years 
 later (191 B. c), when the temple which had been 
 vowed and ordered to be built in 203 b. c, was 
 completed and dedicated by M. Junius Brutus. 
 (Liv. xxxvi. 36.) But from another passage of 
 Livy (xxxiv. 54) it appears the Megalesia had 
 already been celebrated in 193 b. c. The festival 
 lasted for six days, beginning on the 4th of April. 
 The season of this festival, like that of the whole 
 month in which it took place, was full of general 
 rejoicings and feasting. It was customary for the 
 wealthy Romans on this occasion to invite one 
 another mutually to their repasts, and the extra- 
 vagant habits and the good living during these 
 festive days were probably carried to a very high 
 degree, whence a senatusconsultum was issued in 
 161b. c, prescribing that no one should go beyond 
 a certain extent of expenditure. (Gellius, ii. 24 ; 
 compare xviii. 2.) 
 
 The games which were held at the Megalesia 
 were purely scenic, and not eircenses. They were 
 at first held on the Palatine in front of the temple 
 of the goddess, but afterwards also in the theatres. 
 (Cic. de Haruxp. Besp. 11, &c.) The first ludi 
 scenici at Rome were, according to Valerius An- 
 tias, introduced at the Megalesia, i. e. either in 193 
 or 191 B.C. The day which was especially set 
 apart for the performance of scenic plays was the 
 third of the festival. (Ovid, Fast. iv. 377 ; Ael. 
 Spartian. Antonin. Carae. c. 6.) Slaves were not 
 permitted to be present at the games, and the ma- 
 gistrates appeared dressed in a purple toga and 
 praetexta, whence the proverb, 7)«>7«(ra Megaknsis. 
 The games were under the superintendence of the 
 curule aediles (Liv. xxxiv. 54), and wo know that 
 four of the extant plays of Terence were performed 
 at the Megalesia. Cicero {de Harusp. Reap. 12), 
 
 ^ MENSA. 
 
 probably contrasting the games of the Megalesia 
 with the more rude and barbarous games and ex- 
 hibitions of the circus, calls them nuu-imc msli, 
 solemms, religiosi. (See Ovid, Fast. iv. 179 — 372 ; 
 P. Manutius, ad Cic. ad Fumil. ii. 11.) [L. S.] 
 
 MEAI'A. [Hasta, p. 467.] 
 
 MEMBRA'NA. [Liber.] 
 
 MENEAA'EIA, a festival celebrated at Therapnae 
 in Laconia, in honour of Menelaus and Helena, 
 who were believed to be buried there. (Paus. iii. 
 19. § 9.) Menelaus was to the Lacedaemonians 
 what Nestor was to the Messenians, a model of a 
 wise and just king, and hence they raised him to 
 the rank of one of the great gods (Isocrat. Panath. 
 p. 247. B.), and honoured him and Helena with 
 annual and solemn sacrifices at Therapnae, which 
 continued to be offered in the days of Isocrates. 
 {Helen. Encom. p. 218. D.) These solemnities are 
 sometimes called 'EAei'ia. (See Creuzer, St/mbol. 
 iii. p. 38.) [L.'S.] 
 
 MENSA (rpaircfa), a table. The simplest 
 kind of table wae one with three legs, round, 
 called cUliha (Festus, s.%\; Varro, de Lim). Lat. v. 
 25. p. 123. ed. Spengel ; Hor. Sat. I. iii. 13 ; Ovid, 
 Alet. viii. 662), and in Greek rplirovs. {Hen.Attab. 
 vii. 3. § 10; Athcn. iv.21. 35; v.28.) It is shown in 
 the driuking-scene painted onthe wall of a wine-shop 
 at Pompeii. (Gell's Pompeiana, 1832. vol.ii. p. 11.) 
 (See woodcut.) The termTpoirefajthoughcommonly 
 
 used in Greek for a table of any kind, must have 
 denoted one which indicated a higher degree of 
 luxury and refinement, since it meant according to 
 its etymology a four-legged table. (See woodcut, 
 p. 173.) Horace used at Rome a dining-table of 
 white marble, thus combining neatness with 
 economy {Sat. i. vi. 116). For the houses of the 
 opulent, tables were made of the most valuable 
 and beautiful kinds of wood, especially of maple 
 {(TcpevSanuivri, Athen. ii. 32; acerna, Hor. Sot. u. 
 viii. 10 ; Mart. xiv. 90), or of the citrus of Africa, 
 which was a species of cypress or juniper {Citrea, 
 Cic. Verr. Act. II. iv. 17 ; Mart. ii. 43 ; xiv. 89 ; 
 Plin. H. N. xiii. 29). For this purpose the Ro- 
 mans made use of the roots and tubers of the 
 tree, which, when cut, displayed the greatest 
 variety of spots, beautiful waves, and curling veins. 
 The finest specimens of tables so adorned were 
 sold for many thousand pounds. (Plin. H.N. xiii. 
 29 ; xvi. 26. 84 ; Tertull. de Pal/io, sii/tfin. ; A. 
 Aikin, On Ornamental Woods, p. 23, 24.) Besides 
 the beauty of the boards (eTriflrj/uoTa) the legs of 
 these tables were often very tasteful, being carved 
 in imitation of lion's or tiger's feet, and made of 
 ivory. (Athen. t. c. ; Mart. ii. 43. 9.) 
 
 One of the principal improvements was the in- 
 vention of the monopodium, a round table support- 
 ed by a single foot; this, with other elegant kinds 
 of furniture, was introduced into Rome from Asia 
 Minor by Cn. Manlius. (Plin. H. N. xxxiv. 8.) 
 
MENSARII. 
 
 MENSIS. 
 
 613 
 
 Under the Roman emperors semi-circular tables 
 were introduced, called mensac lunatae from com- 
 paring them to the half-moon, and siymata, because 
 they had the form of that letter, (]. (Lamprid. 
 Hd. 25. 29.) This lunate table was surrounded 
 by a sofa of the same form, called stiUulium, which 
 was adapted to hold seven or eight persons. (Mart. 
 X. 48; xiv. H7.) 
 
 As the table was not very large, it was usual to 
 place the dishes and the various kinds of meat upon 
 it, and then to bring it thus furnished to the place 
 where the guests were reclining. (Athen. ii. 55 ; 
 iv. 28.) On many occasions, indeed, each guest 
 either had a small table to himself, or the company 
 was divided into parties of two or three, with a 
 separate table for each party, as is distinctly repre- 
 sented in the woodcut at page 302. Xenophon 
 describes a great entertainment given by Seuthes, 
 king of the Thracians, at which the guests fonned 
 a large circle, a small three-legged table being 
 placed before each person. {Anab. vii. 3. § 21.) 
 Although it is certain that dishes were in many 
 cases brought to be laid before the guests upon the 
 table, yet the common practice of bringing to them 
 the board, already supplied, gave origin to such 
 phrases as meiisam appoiwre or opponere. (Plant. 
 Asin. V. i. 2 ; Most. i. iii. 150 ; Cic. Ait. xiv. 21 ; 
 Ovid, Met. viii. 570), and nw/isam aufirre or re- 
 rnovere. (Plant. Amphit. ii. ii. 175 ; Virg. Aeu. i. 
 216.) As the board of the table is called hy a 
 distinct name imdr)fia (Athen. /. c. ; Pollux, x. ill), 
 it appears that it was very frequently made separate 
 from the tripod or other stand {KiXAiSas) on which 
 it was fixed. 
 
 Among the Greeks the tables were not covered 
 with cloths at meals, but were cleansed by the use 
 of wet sponges (Hom. Od. i. Ill; xx. 151; Mart, 
 xiv. 144) or of fragrant herbs. (Ovid. Met. viii. 
 665.) 
 
 Under the influence of the ideas of hospitality, 
 which have prevailed universally in the primitive 
 states of society, the table was considered sacred. 
 (Juv. ii. 110.) Small statues of the gods were 
 placed upon it. (Arnob. contra Gentes, lib. ii.) On 
 this account Hercules was worshipped under the 
 title Tpairefios and iirnpaTTe^ios. The Cretans 
 ate ill public; and in the upper part of their 
 dviftiiov, or public dining-room, there was a con- 
 stant table set apart for strangers, and another 
 sacred to Jupiter, called Tpairefo |€ci'a, or Aios 
 Jeyiou. (Athen. iv. 22; Hock's Kreta, iii. p. 120 
 —128.) 
 
 The two principal courses of a Z^tirvov and coena, 
 or a Greek and Roman dinner, were called respect- 
 ively ■nparr\ Tgo'-jrefo, Seurega rqawe^a, and mensa 
 prima, metifa secunda. [Coena ; AErilNON.] 
 
 A stone tablet, supported by four other stones, 
 was sometimes used, as it is in modem times, to 
 cover a grave. (Becker, Charikles, ii. p. 191. 193.) 
 [FuNus, p. 447.] [J. Y.] 
 
 MENSA'RII, MENSULA'RII, or NUMU- 
 LA'RII, were a kind of public bankers at Rome 
 ■who were appointed by the state ; they were dis- 
 tinct from the argentarii, who were common 
 bankers and did business on their own account. 
 (Dig. 2. tit. 13. s. 6.) The mensarii had their 
 banks (mcnsae) like ordinary bankers in the formn, 
 and in the name of the aerarium they offered ready 
 money to debtors who could give security to the 
 state for it. Such an expediency was devised by 
 the state only in times of great distress. The first | 
 
 time that mensarii {<piinqueviri mensarii) were ap- 
 pointed was in 352 b. c, at the time when the 
 plebeians were so deeply involved in debt, that 
 they were obliged to borrow money from new 
 creditors in order to pay the old ones, and thus 
 ruined themselves completely. (Liv. vii. 21 ; com- 
 pare Interest of Money and Argentarii.) 
 On this occasion they were also authorized to or- 
 dain that cattle or land should be received as pay- 
 ment at a fair valuation. Such bankers were 
 appointed at Rome at various times and whenever 
 debts weighed heavily upon the people, but with 
 the exception of the first time they appear during 
 the time of the repubhc to have always been 
 triumviri mensarii. (Liv. xxiii. 21 ; xxvi. 36.) 
 One class of mensarii, however (perhaps an inferior 
 order), the moisularii or 7iumularii, seem to have 
 been permanently employed by the state, and 
 these must be meant when we read that not only 
 the aerarium but also private individuals deposited 
 in their hands smns of money which they had to 
 dispose of. (Tacit. Annul, vi. 17 ; Dig. 16. tit. 3. 
 s. 7 ; 42. tit. 5. s. 24.) As Rome must have often 
 been visited by great numbers of strangers, these 
 public bankers had also, for a certain percentage, 
 to exchange foreign money and give Roman coinage 
 instead, and also to examine all kinds of coins 
 whether they were of the proper metal and genu- 
 ine or not. (Dig. 46. tit. 3. s. 39.) During the 
 time of the empire such permanent mensarii were 
 under the control of the praefectus urbi and fonned 
 a distinct coi-poration. (Dig. 1. tit. 12. s. 1 ; Cod. 
 Theod. 16. tit. 4. s. 5.) 
 
 Bankers appointed by the state also existed in 
 other ancient towns, and Cicero {pro Flacc. 19) 
 mentions mensarii at Teninos iu Asia Minor who 
 were appointed by the people. [L. S.] 
 
 MENSIS ( yu'J" ), a month. The division 
 of the year into twelve lunar months must 
 have been kno\vii to the Greeks from very early 
 times, for in the Homeric poems the lunar months 
 appear quite familiar to them. The day of the 
 new moon, or the first day of every month (vov/jlti- 
 vla), was sacred to Apollo. {Od. xx. 156, with the 
 Schol. ; xxi. 258 ; compare x. 14 ; xii. 325 ; 
 Hesiod. Op. et D. 770.) The month itself, how- 
 ever, does not seem to have been subdivided into 
 any other periods than those of the increase and 
 decrease of the moon (toO fikv <p6ivovros jj.f)vds, 
 Tov S' laraixivoio, Od. xiv. 162). In the time of 
 Hesiod (/. c.) the lunar month was reckoned as 
 containing 30 days, although it must have been 
 known to have contained in reality less than 30 
 days. [Calendar, p. 175. J Tlie discrepancy be- 
 tween the lunar and solar year rendered it neces- 
 sary every other year to intercalate a thirteenth 
 month {iJ-itv i/xSoAifios), which, however, is not 
 mentioned either in Homer or Hesiod, and the 
 time of its introduction is unknown. (Ideler, 
 Handh. dcr Clironot. i. p. 263, &c.) This neces- 
 sarily produced confusion in the number of days of 
 a year, to avoid which Solon established the rule 
 that at Athens months of 30 and 29 days should 
 alternate with each other (Geminus, c. 6), and 
 called the thirtieth day (Tpio/cas) of a month evri 
 Koi C60, as such a di^y partly belonged to the 
 month which was ending, and partly to the new 
 month. (Plut. Sol. 25 ; Diog. Laert. i. 2. 9 and 
 11.) Thus arose a regular lunar year of 354 days, 
 and in order to make this agree with the solar 
 year, a month was intercalated every third year 
 
614 
 
 MENSIS. 
 
 MH'NT2I2. 
 
 (rpieTjjpis, Censoriii. c. 18). Respecting the names 
 of the Attic months and their division into decads 
 see Calendar {I. c.) and Clinton {Fad. Hell. i. 
 append, xix.). The Hecatombacon or first month 
 of the Attic j'ear coincides very nearly with our 
 July, and Scirrophorion, or the last, with our June. 
 (Idcler, /. c. p. 28G.) While in Attica the 12 
 lunar months were established for religious pur- 
 poses, the various kinds of business of ordinaiy 
 life were here, as in other parts of Greece, regu- 
 lated according to various other phenomena, such 
 as the rising and setting of certain stars (Aesch. 
 Prometh. 453), the arrival and departure of the 
 birds of passage (Aristoph. Av. 710 ; Hesiod. Op. 
 et D. 448), and the like. 
 
 The months of the other Greek states differed 
 from those of the Athenians not only in their 
 names, but also in the time of their commencement 
 (Aristo.x. Harmon. Elem. ii. p. 30. ed. Meurs. ; 
 Plut. Arisiid. 19. suhfin.), and it was only in very 
 few instances that the beginning of the months in 
 another Greek state perfectly coincided with the 
 Attic months. This is the more surprising as they 
 were all lunar months, and should consequently 
 have all commenced on the first day of a new 
 moon ; but this difference arose from the different 
 modes of intercalation to make the lunar year agree 
 with the solar one, so that the difference was not 
 very great. In all parts of Greece, however, the 
 division of a month into decads, and the mode of 
 stating the day of a month, were the same as those 
 customary in Attica. 
 
 Among the Spartan months we only know the 
 names of five, viz. Gerastius, Artemisius, Phlyasius, 
 llecatombeus, and Canieus. The last of these 
 answered to the Attic Metagcitnion (Plut. Nic. 
 28), and the Artemisius to the Attic Elaphebolion. 
 (Thucyd. v. 1.9.) The others are uncertain. That 
 the Spartan months in their commencement differ- 
 ed by two days fi'om the Attic ones, is clear from 
 Thucydides (iv. 118 and 119; v. 19). 
 
 The chronology of the Boeotians seems to have ] 
 been very irregular in earlj' times, and the time of 
 the commencement of their months differed from 
 that of the Attic months (Plut. Arhtkl. 19); but 
 in 371 B. c. their months appear to have perfectly 
 coincided with those of Attica. (Plut. Camill. 19.) 
 The first month of the Boeotian year was called 
 Bucatius, and coincided with the Attic Gamelion. 
 (Plut. Pelop. 2.5.) Besides this first month the 
 names of six others are known, viz. Hermaeus 
 (Attic Anthesterion), Prostaterius (Attic Elaphe- 
 bolion), Hippodromius (Attic Hecatombaeon, Plut. 
 Camill. 19), Panemus (Attic Metageitnion, Plut. 
 I. c), Alalcomenius (Attic Maimacterion), and 
 Damatrius (Attic Pyanepsion). 
 
 Among the months of the Eleans only the name 
 of one is known with certdinty, viz., the Elaphius, 
 which is described as the month in which the ver- 
 nal eijuinox took place. But there are two other 
 names. Parthenius and Apollonius, wliich arc like- 
 wise believed to be names of Elean months. 
 (Ideler, Hnvdh. i. p. 366.) 
 
 The first of the Delphian months seems to have 
 been the Bysius, which coincided with the Attic 
 Munychion. It fell at the time of the venial equi- 
 nox, and in it the Pythian games were celebrated. 
 Besides this the names of eight others are known, 
 viz., Theoxenius, llaeus, Domus, Synelius, Thelu- 
 tius, Bucatius, lleracliiis (Aft. Thargelion), and 
 Dionysius. (Corsini, I'\ist. At/, ii. p. 437.) 
 
 Of the months of the CorcjTaeans only three are 
 known, viz., Machaneus, Artemitius, and Eucleius, 
 which was the twelfth. 
 
 The Cretan months arc Imalius, Artamitius, 
 Themiolaeus, Dromaeus, &c. 
 
 The Sicilian months were Carneius (Att. Meta- 
 geitnion), Panemos, &LC. (See Corsini, I. c.) 
 
 The Cyprian months are all known, but most of 
 their names seem to belong to the time of the Ro- 
 man empire. They are: — Aenicus, Junius (an- 
 ciently Adonis), Caesareus, Sebastus, Autocra- 
 toricus, Demarchexasius, Plethypatus, Archiereus, 
 Hesthius, and Romaeus. 
 
 The Macedonians, like the Greeks, divided their 
 year into 12 lunar months, and their names 
 and order of succession may be gathered from 
 Josephus and Suidas. Their year began in the 
 autumn, and their first month feU partly in our 
 October and partly in our November. The names 
 and the order of their months were as follow : — 
 Dius, ApellaeuB, Audpiaeus, Peritius, Dystnis, 
 Xanthicus, Artemisius, Daesius, Panemus, Lous, 
 Gorpiaeus, and Hyperberetaeus. The Macedo- 
 nian months, after the time of Alexander, were 
 adopted by the Syro-Macedonian cities, and by the 
 Greek cities of Asia generally, and were retained 
 xuitil the refomiation of the Roman calendar by J. 
 Caesar ; after which time all the Greeks, both in 
 Europe and in Asia, gradually began to adopt the 
 new Roman calendar, though the ancient names of 
 their months, as well as the ancient time of the 
 commencement of their year remained in most 
 cases as they had been before. (Compare Clinton, 
 Fast. Hell. ii. Append, iv.) For an account of 
 the Roman months, see Calendar (Roman). 
 
 [L. S.] 
 
 MENSO'RES, measurers or surveyors. This 
 name was applied to various classes of persons 
 whose occupation was the measurement of things. 
 
 1. It was applied to land-surveyors who mea- 
 sured and defined the extent of fields, and appear 
 to have been the same as the agrimensores. (Colum. 
 v. 1 ; compare Agrimensores.) 
 
 2. To persons who measured in the Roman 
 camps the space to be occupied by the tents. They 
 must be distinguished from the metatores, who 
 selected the place for a camp. (Veget. de lie Milit. 
 ii. 7.) 
 
 3. To a class of officers during the time of the 
 empire who provided quarters for the soldiers in 
 the towns through which they passed and where 
 they made a temporary sUij'. They not onl}' as- 
 signed to each soldier the house in which he was 
 to be quartered, but also wrote the name of the oc- 
 cupant upon the door-post, and he who effaced or 
 destroyed this name was punished as a falsi reus. 
 (Cod. Theod. 7. tit. 8. s. 4.) 
 
 4. Mensor aedificiorum is sometimes applied to 
 architects, or more especially to such architects as 
 conducted the erection of public buildings, the plans 
 of which had been drawn up by other architects. 
 (Plin. Epist. X. 28 and 29.) 
 
 5. Mcnsores frumentarii was the name of officers 
 who had to measure the corn which was conveyed 
 up the Tiber for the public granaries. (Dig. 27. 
 tit. 1. s. 26 ; Cod. Theod. 14. tit. 9. s. 9 ; and 
 tit. 15. s. 1.) They were stationed in the port 
 near Ostia, and were employed under the praefectus 
 annonae. Tlieir name is mentioned in various 
 ancient inscriptions. [L. S.] 
 
 MH'NT212. ['EKKAH2I'A, p. 365.] 
 
METHODIC!. 
 
 ME'TOIKOI. 
 
 615 
 
 MEPKHAO'NIOS or MEPKI'AINOS. [Calen- 
 dar (Roman), p. DiO.] 
 
 MERENDA. [Coena, p. 251.] 
 
 MERIDIA'NI. [Uladiatores, p. 455.] 
 
 METAE. [Circus, p. 230.] 
 
 METAFEI'TNIA, a festival celebrated by the 
 Attic demos Melite, in honour of Apollo Metageit- 
 nion. The chief solemnities consisted in offering 
 sacrifices, and the festival was believed to connne- 
 morate the emigration (yeiTviaais irpbs ir^povs) 
 of the inhabitants of Melite to Diomis. (Plut. De 
 Exil. ]). 601. B.; compare Suidas and Harpocra- 
 tion, s. f. MfTayfiTviwv.) [L. S.] 
 
 METHO'DICI {MMiHol), an ancient medical 
 sect, whose history begins with Theniison, a pupil 
 of Asclepiades in the first century B. c. (Plin. H. 
 N. xxix. 5.) He differed from his master in many 
 respects, condemned his errors (Gael. Aural. Chron. 
 i. 1. p. 287. c. 4. p. 323. ed. Amman), contributed 
 much to rectify his principles, and introduced a 
 greater precision into his system. (Galen, lutrod. 
 c. 1. torn. xiv. p. 683, 684. ed. Kuhn.) He 
 was the first who chose the middle way be- 
 tween the tenets of the Dogmatici and Empirici, 
 the traces of which he believed he discovered 
 in the theory of Iiis master. Their doctrines are 
 thus summed up by Celsus {de Medic. Ub. i. Prae- 
 fat.) : — " They assert, that the knowledge of no 
 cause whatever bears the least relation to the 
 method of cure ; and that it is sufficient to observe 
 some general sjnnptoms of distempers ; and that 
 there are three kinds of diseases, one bound, an- 
 other loose,* and the third a mixture of these. 
 For that sometimes the excretions of sick people 
 are too small, sometimes too large ; and sometimes 
 one particular excretion is deficient, while another 
 is excessive. That these kinds of distempers are 
 sometimes acute, and sometimes chronic ; some- 
 times increasing, sometimes at a stand, + and some- 
 times abating. As soon, then, as it is known to 
 which of these classes a distemper belongs, if the 
 body be bound, it must be opened ; if it labours 
 under a fiux, it must be restrained ; if the distem- 
 per be complicated, then the most urgent malady 
 must be first opposed. And that one kind of treat- 
 ment is required in acute, another in inveterate 
 distempers ; another, when diseases are increasing; 
 another, when at a stand ; and another, when in- 
 clining to health. That the observation of these 
 things constitutes the art of medicine, which they 
 define as a certain way of proceeding, which the 
 Greeks call metliod (MefloSos), and affirai it to be 
 employed in considering those things that are com- 
 mon to the same distempers : nor are they willing 
 to have themselves classed either with the ration- 
 aUsts (('. c. the Dogmatici) or with those who re- 
 gard only experiments (i. e. the Empirici); for 
 they dissent from the first sect, in that they will 
 not allow medicine to consist in forming con- 
 jectures about the occult things ; and also from the 
 other, in this, that they hold the observation of 
 experiments to be a very sm;dl part of the art." 
 (Futvoye's Translation.) 
 
 As the seeking after the causes of diseases seemed 
 to him to rest on too uncertain a foundation, for 
 this reason he wished to establish his system upon 
 
 * The word in the original is fluens, that is, a 
 disorder attended with some discharge. 
 
 t Oiir author means here the aK^t?) of a disease, 
 after which it increases no more. 
 
 the analogies and indications common to many dis- 
 eases (koito'ttjj), without reflecting that these 
 analogies are as often occult, and even oftener than 
 all the causes of the Doyinatici. However this 
 idea of the common analogies of the morbid state 
 had the great advantage of contributing afterwards 
 to the perfection of the science of Seraeiology. If, 
 says Sprengel {Hint, de la Med.), Themison had 
 chosen for his basis analogies that were easy to 
 be recognised, or really morliid states, instead of 
 simple maladies of the solid parts, of which he only 
 admitted a very small number, the system of the 
 Methodic! would have been the best of all ; but 
 deceived by the Corpuscular Philosophy of his 
 master Asclepiades, he would not admit any other 
 common symptoms than those given by the Stric- 
 iitiii and the Lojcmn, the being confined or relaxed, 
 and the intemediate state. Thus he was com- 
 pelled to contradict himself, and commit the more 
 errors the more he tried to escape by the fiidoSos 
 the tenets both of the Empirici and Dogmatici. 
 Themison appears to have written several works, 
 which arc now lost, but of which the titles are 
 preserved by Caelius Aurelianus {de Murh. Citron. 
 i. 1. p. 285 ; i. 4. p. .323 ; ii. 7. p. 387, &c.). His 
 followers were very numerous, but the following only 
 deserve notice here : — Soranus, the author of several 
 works, of which two only are still extant, \lepX Srj- 
 Heiuiv KarayfiaTccv, " De Signis Fracturarum," and 
 YlipX Mrjrpcis Koi TvvaiKeiou 'AiSo'wv, " De Utero et 
 Pudendo !Muliebri:" Caelius Aurelianus, the prin- 
 cipal writer of this sect, whose work, " De Morbis 
 Acutis et Clironicis," is one of the most valu- 
 able of antitiuity : Moschion, author of the work 
 Ufpl Tuv rwaiKe'iwv no6c5c, "■ De Mulieram Pas- 
 sionibus : " Thessalus of Tralles, of whom nothing 
 remains, but who was in a manner the second 
 founder of the sect, and who (if we may trust 
 Galen, who always mentions him with the greatest 
 contempt) conferred no honour on the medical pro- 
 fession either by his talents or his character. 
 
 [W. A. G.] 
 
 ME'TOIKOI, is the name by which, at Athens 
 and in other Greek states, the resident aliens were 
 designated, and these must be distinguished from 
 such strangers as made only a transitory stay in a 
 place, for Harpocration (s. v.) expressly mentions 
 as a characteristic of a fxiroiKos, that he resided 
 permanently in the place. No city of Greece per- 
 haps had such a number of resident aliens as 
 Athens, as none afforded to strangers greater ad- 
 vantages and conveniences, or a more agreeable 
 mode of living. In the census instituted by De- 
 metrius Phalereus (309 B.C.), the number of resi- 
 dent aliens at Athens was 10,000, in which num- 
 ber women and children were proljably not includ- 
 ed. (Athen. vi. p. 272.) These aliens were per- 
 sons from all parts of Greece, as well as from bar- 
 barous countries, such as Lydians, Phiygians, and 
 Syrians, or Attic freedmen [Libertus (Greek)], 
 and these people had chosen Athens as their adop- 
 tive country, either on account of its resources for 
 amusement and instruction, or on account of the 
 facilities it afforded for carrying on mercantile 
 business. The latter class of persons seems to 
 have been by far tlie most numerous. The jealousy 
 with which the citizens of the ancient Greek re- 
 publics kept their body clear of intruders, is also 
 manifest in their regulations concerning aliens. 
 However long they might have resided in Athens, 
 they were always regarded as strangers, whence 
 
616 
 
 ME'TOIKOI. 
 
 they are sometimes called I^Voi, and to remind 
 them of their position they had on some occasions 
 to perform certain degrading services to the Athe- 
 nian citizens. The services ['TAPIA*OPl'A] were 
 however, in all probability not intended to hiirt 
 the feelings of the aliens, but were simply acts 
 symbolical of their relation to the citizens. 
 
 Ahens were not allowed to acquire landed pro- 
 perty in the state they had chosen for their resi- 
 dence, and were consequently obliged to live in 
 hired houses or apartments (Demosth. pro Phorm. 
 p. 946 ; Xen. de Vectig. ii. 2 ; Aristot. Occon. ii. 
 2, 3 ; compare Biickh's, PM. Econ. i. § 24), and 
 hence the letting of houses was a subject of much 
 speculation and profit at Athens. As the aliens 
 did not constitute a part of the state, and were yet 
 in constant intercourse and commerce with its 
 members, every alien was obliged to select a citizen 
 for his patron (irpocrTOT7)s), who was not only the 
 mediator between them and the state, through 
 whom alone they could transact any legal business 
 whether private or public, but was at the same 
 time answerable (eyyuijTTjj) to the state for the 
 conduct of his client. (Etymol. M. s.v. 'Airpoo-ra- 
 aiov.) On the other hand, however, the state 
 allowed the aliens to carry on all kinds of industry 
 and commerce under the protection of the law ; in 
 fact at Athens nearly all business was in the hands 
 of aliens, who on this account lived for the most 
 part in the Piraeeus. (Xen. de Veclig. c.2;de Rep. 
 Ath. i. 12.) 
 
 Each family of aliens, whether they availed them- 
 selves of the privilege of carrying on any mercantile 
 business or not, had to pay an annual tax (lUeroi- 
 Kiov or lei/imi) of twelve drachmae, or if the head 
 of the family was a widow, of only six drachmae. 
 (Bockh, Puljl. Econ. iii. § 7; Isaeas ap. Harpo- 
 crat. s. V. VliTolKwv. ) If aliens did not pay this 
 tax, or if they assumed the right of citizens, and 
 probably also in case they refused to select a pa- 
 tron, they not only forfeited the protection of the 
 state, but were sold as slaves. ['AnP02TA2l'OT 
 rPA^H'.] In some cases, however, though they 
 are of rare occun'ence, aliens without having the 
 isopolity, might become exempt from the nfro'iKiov 
 (areAeio jueToiici'ou) as well as from other obliga- 
 tions. (Demosth. c. Aristocrat, p. 691 ; Plut. Vit. 
 d<:c. Orat. p. !U2 ; Demosth. c. Aristtig. p. 787; 
 Suidas, s. r. Mctoikioc) Extraordinary taxes and 
 liturgies [elarcpopa'i and Aeirovpyiai) devolved upon 
 aliens no less than upon citizens (Demosth. c. 
 Androt. p. 612), though there must have been a 
 difference between the liturgies performed by citi- 
 zens and those performed by aliens. In what this 
 difference consisted is nowhere expressly mention- 
 ed, V)ut we have reason to believe that with the 
 exception of the tricrarchy and gymnasiarchy, all 
 other litui'gies might devolve upon aliens, though 
 perhaps only on certain occasions, as the choregia 
 at the festival of the Lenaea. (Schol. ad ArisUijih. 
 Plut. 954; compare Bockh, PM. Eco?i. iv. § 10.) 
 The extraordinary taxes {fliT<popal) which aliens 
 had to pay, seem also in some degree to have dif- 
 fered from those paid by citizens ; and it is clear 
 from Demosthenes (c. Androt. p. 609 and 612), 
 that they were taxed higher than citizens of the 
 same census. The aliens were also obliged, like 
 citizens, to serve in the regular armies and in the 
 fleet, both abroad and at home, for the defence of 
 the city. (Xen. de Vectig. I. c; Tlmcyd. ii. \ 'A ; iv. 
 90 ; Demosth. c. Philip, i. p. 50 ; Thucyd. i. 143 ; 
 
 MILLIARE. 
 
 iii. 16.) Respecting those jhctoikoi who had ob- 
 tained the (VoTe'Aeia, see CiviTAS (p. 235). The 
 heirs of a p-iToMos who died in Attica, were under 
 the jurisdiction of the polemarch. (Demosth. c. 
 Stcpii. ii. p. 1135.) 
 
 The preceding account of the condition of the 
 aliens at Athens will apply with very few modifi- 
 cations to most other parts of Greece. (Compare 
 Petitus, Legg. Att. ii. 5. p. 246, &c. ; F. A. Wolf, 
 Proleg. ad Lepiin. p. Ixvi. &c. ; Hermann, Polit. 
 Ant. % 115.) [L. S.] 
 
 METRE'TES (/icrprjTjjs), the principal Greek 
 liquid measure. The Attic metretes was equal in 
 capacity to the amphora, containing 8 galls. 7 '36 5 
 pints, English. [A.mphora.] It was divided into 
 Galls. 
 
 each 
 
 Pts. 
 7- 577 
 5-9471 
 1-4867 
 •9911 
 •4955 
 
 COTVLA.] 
 
 li Kfpdfiia, 
 12 x°"^ 
 48 x"'''"^^^ 
 72 lefrrai 
 144 KOTv\ai 
 [See XOTS : XOrNIE ; EE'STHS ; 
 The smaller liquid measures were of very variable 
 sizes ; their names were p-iaTpov [Mystrum], 
 6(,vSa4>ov [Oxybaphum], KvaSos [Cyathus], K6y- 
 XV [Concha], XHMH', Kox^^'apiov [Cochlear]. 
 
 In other places the metretes had a different size. 
 Galen {Frag. c. 7) says that the Syrian metretes 
 contained 120 i,iarai. The Macedonian metretes 
 is inferred to have been much smaller than the 
 Attic,from the circumstance mentioned by Aristotle 
 {Hist. Anim. viii. 9) of an elephant's drinking 14 
 of them at once. [P. S.] 
 
 METRO'NOMI {fierpovofioi) were officers at 
 Athens belonging to that class which we might 
 term police-officers. They were, like all officers of 
 this kind, appointed by lot. Their number is stated 
 differently : some say that there were fifteen (ten 
 for the Piraeeus and five for the city) ; some say 
 twenty-four (fifteen for the Piraeeus, and nine for 
 the city); and others state that there were only ten, 
 five for the Piraeeus and five for the city. (Har- 
 pocrat. Suidas, Phot, and Lex. Seg. s. v. Merpo- 
 vSpLoi.) Bockh {Pull. Earn. i. §. 9. n. 193) would 
 alter all these passages of the grammarians so as to 
 make them say, that the whole number of metro- 
 nomi was fifteen, and that ten were for the city and 
 five for the Piraeeus, because the sitophylaces were 
 distributed in the same manner. But there does 
 not appear sufficient ground for such a bold altera- 
 tion, and it seems at any rate probable that the 
 number of these officers, as the grammarians state, 
 was necessarily greater in the port-town than in 
 the cit)', for there must have been more business 
 for them in the Piraeeus than at Athens, which 
 was not the case with the sitophylaces. The duties 
 of the metronomi were to watch that the weights 
 and measures used by tradesmen and merchants 
 should have the size and weight prescribed by the 
 laws, and either to punish offenders or to receive 
 complaints against them, for the real nature of the 
 jurisdiction of the metronomi is not known. (Meier 
 and Schiimann, Att. J'roc. p. 93, &c. ) [L. S.] 
 METROPOLIS. [CoLONU, p. 261.] 
 MILLIA'RE, MILLIA'RIUM, or MILLE 
 PASSUUM {p'lKtof), the Roman mile, consisted 
 of 1000 paces {passus) of 5 feet each, and was 
 therefore ~ 5000 feet. Taking the Roman foot at 
 11-6496 English inches [Pes], the Roman mile 
 would be 1618 English yards, or 142 yards less 
 than the English statute mile. By another calcu- 
 
MIMUS 
 
 lation, in which the foot is taken at 11 "62 inches, 
 the mile would be a little more than l(il4 yards. 
 The number of Roman miles in a degree of a large 
 circle of the earth is a very little more than 7.^. The 
 most common term for the mile is mille passuum^ 
 or only the initials M. P. ; sometimes the word 
 jHissuum is omitted. (Cic. ad All. iii. 4 ; Sallust, 
 Ju<t. c. 1 1 4.) The Roman mile contained 8 Greek 
 stadia. 
 
 The mile-stones along the Roman roads were 
 called miUiaria. They, were also called lapides ; 
 thus we have ad iertium lapideni (or with- 
 out the word kipidem) for 3 miles from Rome. 
 Augustus erected a gilt pillar in the Forum, where 
 the principal roads terminated, which was called 
 'iiii/tuiriim aureiim ; but the miles were not reckon- 
 ed from it, but from the gates of the city. Such 
 central marks appear to have been common in the 
 principal cities of the Roman empire. The " Lon- 
 don stone" in Cannon-street is supposed to have 
 marked the centre of the Roman roads in Britain. 
 (Plin. //. N. iii. 5; xv. 18; Tacit. Hht. i. 73 ; 
 Suet. OtJi. (j.) [P. S.] ^ 
 
 MIMUS [jxiixos) is the name by which, in 
 Greece and at Rome, a species of the drama was 
 designated, though the Roman mimus diifered 
 essentially from the Greek fufios. 
 
 The Greek mimus seems to have originated 
 among the Greeks of Sicily and southern Italy, 
 and to have consisted originally of extempory re- 
 presentations or imitations of ridiculous occurrences 
 of common life at certain festivals, like the Spartan 
 deicelistae. At a later period these rude repre- 
 sentations acquired a more artistic form, which was 
 brought to a high degree of perfection by Sophron 
 of Syracuse (about 420 B. c). He wrote his pieces 
 in the popular dialect of the Dorians and a kind of 
 rythmical prose. (Quinctil. i. 8.) The mimes of 
 Sophron are designated as liifj-ot (rnovSaioi, which 
 were probably of a more serious and ethical cha- 
 mcter, and fj.tiJ.oi yeKoioi, in which ridiculous buf- 
 foonery preponderated. Such mimes remained after 
 the time of Sophron a favourite amusement of the 
 Greeks, and Philistion of Magnesia, a cotemporary 
 of Augustus, was a celebrated actor in them. (See 
 MiiUer, JJcir. iv. 7. § 5.) 
 
 Among the Romans the word mimus was ap- 
 plied to a species of dramatic plays as well as to 
 the persons who acted in them. It is certain that 
 tlie Romans did ijot derive their mimus from the 
 ( i reeks in southern Italy, but that it was of native 
 growth. The Greek mimes were wxitten in prose, 
 and the name (Hi/iios was never applied to an actor, 
 but if used of a person it signified one who made 
 grimaces. The Roman mimes were imitations of 
 foolisli and mostly indecent occurrences (Ovid, 
 TrL-it. ii. .515 ; Valer. Max. ii. 6. § 7), and scarcely 
 differed from comedy except in consisting more of 
 gestures and mimicry than of spoken dialogue, 
 which was not the case in the Greek mimes. The 
 dialogue was, indeed, not excluded from the Ro- 
 man mimes, but was only interspersed in various 
 parts of the representation, while the mimic acting 
 continued along with it and uninterruptedly from 
 the beginning to the end of a piece. At Rome such 
 mimes seem originally to have been exhibited at 
 funerals, where one or more persons (iniiui) repre- 
 sented in a burlesque manner the life of the de- 
 ceased. If there were several mimi, one of them, or 
 their leader, was called archiniimus. (Suet, Vespas. 
 19 ; Gruter, Liscript. 1089. 6.) 
 
 MISSIO. 617 
 
 During the latter period of the republic such 
 farces were also represented in theatres ; but it 
 appears that they did not attain any high degree 
 of perfection before the time of Caesar, for it is not 
 until then that writers of mimes are mentioned : 
 Cn. Matins, Decius Laberius, and Publ. Sj-rus 
 were the most distinguished among them. (Gellius, 
 XV. 25 ; Suet. Cues. 39 ; Cic. ad Fam. xii. 18.) 
 These coarse and indecent performances, of which 
 Sulla was very fond, had greater channs for the 
 Romans than the regular drama : hence they were 
 not only performed on the stage, but even at re- 
 pasts in the houses of private persons. On the 
 stage they were perfonned as farces after tragedies, 
 and diuing the empire they gradually supplanted 
 the place of the Atellanae. The exact time, how- 
 ever, when the Atellanae yielded to the mimes is 
 uncertain. It was peculiar to the actors in these 
 mimes, neither to wear masks, nor the cothurnus, 
 nor the soccus, whence they are sometimes called 
 planipedes. (Diomed. iii. 487 ; Gellius, i. 11 ; 
 Macrob. Sat. ii. 1.) As the mimes contained 
 scenes taken from common life, such as exhibited 
 its most striking features, their authors are some- 
 times called biologi or ethologi (Cic. pro Eabir.\2 ; 
 ds Orat. ii. 59), and the works themselves were 
 distinguished for their richness in moral sentences. 
 That distinguished and living persons were some- 
 times exposed to ridicule in these mimes, is clear 
 from J. Capitolinus {AI. Ant.Philos. c. 29). (Com- 
 pai'e Reuvens, Colkcian, Literar. i. p. 51, &c. ; 
 Osann, AnalecL crit. i. p. 0'7, &c. ; Zieglcr, De 
 Mimis Homaiiorum, Gutting. 1788.) [L. S.] 
 
 MINA. [Talentum.] 
 
 MINOR. [Curator; Infan.s.] 
 
 MIRMILLO'NES. [Glauiatores, p. 456.] 
 
 MI'SSIO was the technical tenn used by the 
 Romans to express the dismissal of soldiers from 
 service in the army. Such a dismissal might take 
 place for three reasons, and there were consequent- 
 ly three kinds of missio : — 1, missio honcsta, which 
 was given to soldiers who had served the legiti- 
 mate number of years ; 2, missio causaria, which 
 was granted to soldiers who could no longer bear 
 the fatigue of military service on account of ill 
 health ; and 3, missio ir/nominiosa, by which a man 
 was excluded from the service in the army for 
 crime or other bad conduct. (Dig. 3. tit. 2. s. 2 ; 
 49. tit. 16. s. 13.) 
 
 As regards the missio honcsta, it was granted by 
 the law to every soldier who had attained the age 
 of 46, or who had taken part in 20 campaigns, and 
 to every horseman who had served in ten cam- 
 paigns. The legitimate time of service was called 
 legitima stipendia. (Liv. xxiii. 25.) Sometimes, 
 however, soldiers obtained the missio honesta 
 through the favour of their general, before they 
 had served the legitimate time. But this missio is 
 distinguished from the real missio honesta, and 
 was called mi'isio cx/'avore or missio (jratiosa. Per- 
 sons who had obtained it, might, if it was dis- 
 covered, be called upon by the censors to re-enter 
 the amy. (Liv. xliii. 14, 15.) The same must 
 have been the case with persons who had obtained 
 the missio causaria, and who after their return 
 home had recovered from their illness and had not 
 yet attained the age at wluch they were altogether 
 exempt from service. 
 
 The missio iynominiosa or cum ignominia was in- 
 flicted as a punishment not only upon individuals, 
 but upon whole divisions and even whole legions 
 
fil8 
 
 Misen'SE.as ai'kh. 
 
 of an array (Liv. vii. 39 ; xxvi. 1 ; Suet. Cues. 69 ; 
 Atiy. 24), and it might be applied to the highest 
 officers no less than to common soldiers. (Hii't. ile 
 Bell. Afr. 54; Suet. Calk/. 44 ; Val. Max. ii. 7. § 
 3 ; Dig. 3. tit. 2. s. 2.) In dismissing soldiers for 
 bad conduct, it was generally expressed that they 
 were sent away cum ignominia, but sometiiues tlie 
 ignominia was not expressly mentioned, though it 
 was understood as a matter of course. All soldiers 
 sent away in disgrace were stripped of their arms 
 and every thing which characterised them as sol- 
 diers, and they were neither allowed to remain in 
 the camp nor to return to Rome ; they were in 
 fact labouring under perfect infamia, and compelled 
 to live in exile. In some cases, however, the sen- 
 tence might be withdrawn, especially if the gene- 
 ral discovered that he had been led by a mistake 
 to pronounce it. (Suet. Caes. 69.) 
 
 In all cases of missio it was necessary to release 
 the soldiers from the military oath (sacramentum) 
 which they had taken on entering the service. 
 This act was called eaaudoratio. During the time 
 of the republic and the early period of the empire, 
 the word exauetorare simply signified to release from 
 the military oath, without implying that this was 
 done cum ignominia (Liv. viii. 34 ; xxxvi. 40 ; 
 Tacit. Annul, i. 36), but during the later period of 
 the empire, it is almost exclusively applied to sol- 
 diers dismissed cum ignominia. (Suet. Vit. 10; 
 Lamprid. Alea: Sev. 12. 52.) From the passage 
 of Tacitus above referred to, it is clear that at least 
 in his time exauctoratio was sometimes used as 
 synonymous with missio, with this difference, that 
 exauctoratio was granted to those who had only 
 served in sixteen campaigns and consequently had 
 no claims to the advantages which were reserved 
 for those who had served in twenty campaigns. 
 
 The military oath was taken by all the soldiers 
 of an aniiy at the beginning of every new cam- 
 paign ; and at the end of it when the troops were 
 disbanded and sent home, they were released from 
 their oath (Liv. xli. 5) ; in cases where the general 
 enjoyed a triumph, the dismissal of the anny, and 
 consequently the exauctoratio also, did not take place 
 until this solemnity was over. (Liv. xxxvi. 40.) 
 (Compare Lipsius, de Milit Rum. v. 19.) [L. S.] 
 
 MISSIO. [Gladiatores, p. 454.] 
 
 MI20n'2En2 Al'KH,orMI20n'2En2 "OIKOT 
 ai'kh, is the action brought against a guardian 
 for either having neglected to make profitable use 
 of the property of his ward, or for having made no 
 use of it at all. Use might be made of such pro- 
 perty either by letting it, if it consisted of lands or 
 houses, or by putting it out to interest, if it con- 
 sisted of money. The Sikt) fiiaBuaeas must have 
 been of a twofold character, either public or pri- 
 vate, that is, it might be brought against the 
 guardian, during the minoritj' of his ward, by any 
 person who took an interest in the welfare of the 
 orphan, or it was brought by the orphan himself 
 after his coming of age. Complaints of this kind 
 were brought before the first archon. In cases 
 where the guardian would not or could not occupy 
 himself with the administration of tlie property of 
 his ward, he might request the archon to let the 
 whole substance of his ward's property to the 
 highest bidder, provided the testator had not ex- 
 pressly forbidden this mode of acting in his will. 
 (Demosth. c. Aphoh. p. 837; compare 853. 857; 
 Lys. c. Diiji/U. p. 906.) The letting of such ))ro- 
 perty took place by auction, and probably in the 
 
 MODIUS. 
 
 presence of a court of justice, for we read that the 
 court decided in cases where objections were made 
 against the terms of letting the property. (Isaeus, 
 de Pliiloetcm. licrcd. p. 141, &c.) The person who 
 took the property had to pay an annual per- 
 centage for the right of using it, and this percent- 
 age frequently amounted to more than 12 percent, 
 per annum. If one man alone was unwilling to 
 take the whole property on such conditions, it 
 might be divided and let to several persons sepa- 
 rately. (Isaeus, de Meneel. hcred. p. 13.) The 
 tenant or tenants of the property of an orphan had 
 to give security (airoTi'jCtij^a) for it, and to mort- 
 gage (aiTOTiixav) his own estate, and the archon 
 sent especial persons, diroTifnjTai, to value his pro- 
 perty, and to ascertain whether it was equivalent 
 to that of the orphan. (Suidas, s. v. 'A7roTi;u.r)TOi.) 
 The technical tenii for letting the property of an 
 orphan, whether it was done by the guardian him- 
 self or by the archon, was fxiaQovv, and those who 
 took it were said fiicrdova-Bai tov oIkov {oIkos here 
 signifies the whole substance of the property). The 
 tenants of the estate of an orphan had the right 
 and perhaps the obligation to protect it against any 
 other person. (Isaeus, rfe //a^n. feret?. p. 289.) It 
 is not clear what resource was open to an orphan 
 against a tenant who did not fulfil his obUgations, 
 but it is probable, that if any disputes arose, the 
 guardian or the archon alone were answerable and 
 had to procure j ustice to the orphan. 
 
 (Meier and Schomann, Att. Proc. p. 295. 532 ; 
 Bockh, Publ. Eeoii. voL ii. p. 78, &c.) [L. S.] 
 
 MUeOTT AI'KH, or MI2©n'2En2 AI'KH, is 
 the name of a private action which might be 
 brought against persons who refused to pay for 
 services which had been perfonned for them, pro- 
 vided it had been agreed that they should be paid 
 for ; and secondly against persons who either had 
 not or had imperfectly performed the services for 
 which they were paid. It made no dift'erence 
 whether the service was perfonned by physical or 
 intellectual powers, as teachers, sophists, actors 
 authors, and similar persons were paid at Athens 
 (Bockh, PiM. Econ. i. g. 21 ), and it is natural t 
 suppose that these persons, like others, made agree 
 ments, either written or by word of mouth, re 
 specting the remuneration to be given to them. In 
 case either party thought themselves wronged they 
 might bring the fii(T0ov S'ikt^ against the ofi'ender 
 Protagoras had written a book called 6i/cr) liwep 
 fuadov, and an instance is recorded of an action of 
 this kind in which he demanded payment of one 
 of his pupils. (Diog. Laert. ix. 8. g 8.) It is not 
 improbable that his work contained an account of 
 this law-suit. (Meier and Schumann, Att. Proc. p 
 534, &c.) [L. S.] 
 
 MITRA. [Calantica ; Zona.] 
 
 MIXTA ACTIO. [Actio, p. 7.] 
 
 MNA". [Talentum.] 
 
 MNH'MATA, MNHMErA. [FuNUS, p. 436.] 
 MNOI'A. [Cosmi, p. 294.] 
 MOXAO'2. f Janua, p. 505.] 
 MO'DIUS, the principal dry measure of th 
 Romans, was equal to one-third of the amphor 
 (Volusius Maecianus, Festus, Rhemn. Faun, ap 
 Warm, g 67), and therefore contained 1 gall 
 7'8576 pints English. It was divided into 
 
 Pints. 
 
 2 Scmimodii, or Semodii, eachr= 
 16 Sextarii .... „ 
 32 Heminae .... „ 
 
 7-9288 
 •9911 
 •4955 
 
MOLA. 
 
 I Pints. 
 
 64 Quartarii .... each — ' "2477 
 128 Acctabula . . . „ j -1238 
 iy2Cvatlii . . . . „ I -0825 
 768 Ligulae . . . . „ 1 -0206 
 
 The modius was one-sixth of the Medimnus. [Ace- 
 tabulum, CVATHUS, LiGULA, MeDIMNUS, SbX- 
 TARIUS.] [P. S.] 
 
 MOIXEl'A2 rPA*H'. [Adulterium.] 
 MOLA (/uuAoj), a mill. All mills were an- 
 ciently made of stone, the kind used being a vol- 
 canic trachyte or porous lava [pi/ritcs, Plin. //. A'", 
 xxxvi. 30 ; sUices, Virg. Moret. 23 — 27 ; pumiceas, 
 Ovid, Fast. vi. 318), such as that which is now 
 obtained for the same purpose at Mayen and 
 other parts of the Eifel in Rhenish Prussia. This 
 species of stone is admirably adapted for the pur- 
 pose, because it is both hard and cavernous, so 
 that, as it gradually wears away, it still presents 
 an infinity of cutting sui-faces. 
 
 Every mill consisted of two essential parts, the 
 upper niill-stone, which was moveable (cutil/us, 
 ovos, TO i-mfivXiov, Deut. xxiv. (i), and the lower, 
 which was fixed and by much the larger of the two. 
 (Wemsdorf, Fuclae Lat. Minor, vi. 2. 51.) Hence 
 a mill is sometimes called molae in the plural. The 
 mills mentioned by ancient authors are the follow- 
 ing:— 
 
 I. The hand-mill, or quern, called mold mana- 
 aria, versatilis, or irusatilis. (Plin. //. A^. xxxvi. 
 29; Gell. iii. 3; Cato de Re Rust. 10.) 
 
 The islanders of the Archipelago use in the pre- 
 sent day a mill, which consists of two Hat round 
 stones about two feet in diameter. The upper 
 stone is turned by a handle [Konrri, Schol. iit 
 T/ieocrii. iv. 58) inserted at one side, and has a 
 hole in the middle into which the corn is poured. 
 By the process of grinding the corn makes its way 
 from the centre, and is poured out in the state of 
 flour at the rim. (Tournefort, Io^u(/c, ictf. 9.) The 
 description of this machine exactly agrees with 
 that of the Scottish quern, formerly an indispensable 
 part of domestic furniture. (Pennant, Tour in Scot- 
 land, 1709, p. 231 ; and 1772, p. 328.) There can 
 be no doubt that this is the Hour-mill in its most 
 ancient form. In a very improved state it has 
 been discovered at Pompeii. The annexed wood- 
 cut shows two which were found standing in the 
 ruins of a bakehouse. In the left-hand figure the 
 lower millstone only is shown. The most essential 
 part of it is the cone, which is surmounted by a 
 projection containing originally a strong iron pivot. 
 The upper millstone, seen in its place on the right 
 hand of the woodcut, approaches the form of an 
 
 MOLA. 619 
 
 hourglass, consisting of two hollow cones, joined 
 together at the apex, and provided at this point 
 with a socket, by which the upper stone was sus- 
 pended upon the iron pivot, at the same time 
 touching on all sides the lower stone, and with 
 which it was intended to revolve. The upper 
 stone was surrounded at its narrowest part with a 
 strong band of iron ; and two bars of wood were 
 inserted into square holes, one of which appears in 
 the figure, and were used to turn the upper stone. 
 The uppermost of the two hollow cones served the 
 purpose of a hopper. The corn, with which it was 
 filled, gradually fell through the neck of the upper 
 stone upon the summit of the lower, and, as it pro- 
 ceeded down the cone, was ground into flour by 
 the friction of the two rough surfaces, and fell on 
 all sides of the base of the cone into a channel 
 formed for its reception. The mdll here represented 
 is five or six feet high. 
 
 The hand-mills were worked among the Greeks 
 .and Romans by slaves. Their pistrinum was con- 
 sequently proverbial as a place of painful and de- 
 grading labour ; and this toil was imposed princi- 
 pallj' on women. (Horn. Od. vii. 104; Exod. xi. 
 5 ; Matt. xxiv. 41.) 
 
 In every large establislfment the hand-mills were 
 numerous in proportion to the extent of the family. 
 Thus in the palace of Ulysses there were twelve, 
 each turned by a separate female, who was obliged 
 to grind every day the fixed quantity of corn befi)re 
 she was permitted to cease from her laboiu-. (Od. 
 XX. 105 — -IIJ) ; compare Cato de Re Rust. 56.) 
 
 II. The cattle-mill, mola asinaria (Cato de Re 
 Rust. 10; Matt, xviii. 0), in which human labour 
 was supplied by the use of an ass or some other 
 animal. (Ovid, Fast.yi. 318.) The animal devot- 
 ed to this labour was blind-folded. ( Apul. Met. ix.) 
 The mill did not ditter in its construction from the 
 larger kinds of hand-mill. 
 
 III. The water-mill (tnola aquaria, uSpoAcrr/s). 
 The first water-mill, of which any record is pre- 
 served, was connected with the palace of Mithri- 
 dates in Pontus. (Strabo, xii. 3. g 30.) That 
 water-mills were used at Rome is manifest from 
 the description of them by Vitruvius (x. 5. ed. 
 Schneider). A cogged wheel, attached to the axis 
 of the water-wheel, turned another which was 
 attached to the axis of the upper millstone : the 
 corn to be ground fell between the stones out of a 
 hopper (iiifuiidibulum), which was fixed above 
 them. (See also Brunck, Anal. ii. 119 ; Pallad. de 
 Re Rust. i. 42.) Ausonius, as quoted below, 
 mentions their existence on the Ruwer near Treves; 
 and Venantius Fortunatus, describing a castle 
 built in the sixth century on the banks of the Mo- 
 selle, makes distinct mention of a tail-race, by 
 which "the tortuous stream is conducted in a 
 straight channel." {Poem. iii. 10.) In Ireland 
 water-miUs were introduced even some centuries 
 before this date. (Transactions of the Royal Irish 
 Academy, xviii. pt. 3. p. 163 — 165.) 
 
 IV. The floating-mill. 
 
 When Rome was besieged by the Goths, a. d. 
 536, and when the stoppage of the aqueducts 
 rendered it impossible to use the public corn-mills 
 i^oi Ti}s iri^AecDj fxiiXaves) in the Janiculum, so that 
 the citizens were in danger of sUirvation, Belisa- 
 rius supplied their place by erecting floating-mills 
 upon the Tiber. Two boats being moored at the 
 distance of two feet from each other, a water-wheel, 
 suspended on its axis between them, was turned 
 
620 
 
 MONET A. 
 
 by the force of the stream, and put in motion the 
 stones for grinding the com, by which the lives of 
 the besieged were preserved. (Procop. de Bello 
 Gutliico, i. 15.) 
 
 V. Tlie saw-mill. 
 
 Ausonius mentions mills situated on some of the 
 streams falling into the Moselle, and used for cut- 
 ting marble into slabs. {MosMa, 3G2, 363.) 
 
 VI. The pepper-mill. A mill for grinding pep- 
 per, made of boxwood, is mentioned by Petronius 
 {imla biurea piper trivit. Sat. 74). ' [J. Y.] 
 
 MONE'TA, the mint or the place where money 
 ■was coined. The mint of Rome was a building on 
 the CapitoKne, and attached to the temple of Juno 
 Monet;i, as the aerarium was to the temple of 
 Saturn. (Liv. vi. -20.) This temple was vowed by 
 CamiUus, and dedicated in 344 b. c. on the spo't 
 where the house of M. Manlius Capitolinus had 
 once been standing. Some writers describe the art 
 of coinnig as having been known to the Italians 
 from the earliest times, and assign its invention to 
 Janus(Macrob.&/.i.7; Athen.xv. p. 692); but this 
 and similar accounts are nothing more than fables. 
 The statement of Pliny {H. N. xxxiii. 3), who as- 
 signs the invention of coining to ScrriusTullius, has 
 somewhat more of an historical aspect ; and he de- 
 rives the name pecunia from the circumstance that 
 the coins were originally marked with the image 
 ot some animal. The earliest Roman coins were of 
 aes [Aes], and not stnick, but cast in a mould. 
 (See the representation of such a mould on page 
 429.) 1 he moulds, however, were sometimes with- 
 out any figure and merely shaped the metal, and 
 in this case, the image as well as the name of the 
 gens, &c., were struck upon it by means of a ham- 
 mer upon an anvil on which the form was fixed. 
 As the strokes of the hamuior were not always 
 equal, one coin though equal in value with another 
 might differ from it in thickness and shape. 
 Greater equality was produced at the time when 
 the Romans began to strike their money; but 
 when this custom became general, is not known. 
 Respecting the changes which were introduced at 
 Rome at various times in the coinage see the arti- 
 cles Aes, Argsxtum, and Aurum. 
 
 In the eariy times of the republic we do not 
 read of any officers who were charged with the 
 superintendence of the mint ; and respecting the 
 introduction of such officers we have but a very 
 vague statement of Pomponius. (Dig. 1. tit. 2. "§ 
 30.) Their name was triumviri monetales, and 
 Niebuhr {Hist, of Rome, iii. p. 646) thinks that 
 they were introduced at the time when the Ro- 
 mans first began to coin silver, i. e. 269 B. c. The 
 triumviri monetales had the whole superintend- 
 ence of the mint, and of the money tliat was coined 
 in it. A great number of coins, both of gold and 
 silver, is signed Ijy one of these triumvirs in the 
 following manner:— III. VIR. AAAFF, that is, 
 iriumvir auro, argento, acre flando feriundo (Cic. 
 dc Legg. iii. 3 ; p. Manut. ud Cic. ad Fam. vii. 
 13) or III. VIR. A.P.F. that is, ad peeunium 
 feriuiidam. Other coins on the other hand do not 
 bear the signature of a triumvir monetalis, but the 
 inscription CUR. X. FL. S. C. e., curator dena- 
 riorum Jianduruiii ex senatuseonsulto, or are signed 
 by praetors, aediles, and quaestors. J. Caesai- not 
 only increased the number of the triumviri mone- 
 tales to four ; whence some coins of his time boar 
 the signature IIII. VIR. A.P.F., but entrusted 
 certain slaves of his own with the superintendence 
 
 MONETA. 
 
 of the mint. (Suet. Caes. 76; compare Cic. Philip. 
 vii. 1.) The whole regulation and management of 
 the Roman mint and its officers during the time of 
 the republic is involved in very great obscurity. 
 
 The coining of money at Rome was not a privi- 
 lege belonging exclusively to the state, but from 
 the coins still extant we must infer that every Ro- 
 man citizen had the right to have his own gold and 
 silver coined in the public mint, and under the 
 superintendence of its officers. The individual or 
 gens who had their metal coined, stated its name 
 as well as the value of the coin. This was a kind 
 of guarantee to the public, and nearly all the coins 
 of the republican period coined by a gens or an in- 
 dividual bear a mark stating their value. As long 
 as the republic herself used pure silver and gold, 
 bad monej^ does not seem to have been coined by 
 any one ; but when, in 90 B. c, the tribune Livius 
 Drusus suggested the expediency of mixing the 
 silver which was to be coined with one-eighth of 
 copper, a temptation to forgery was given to the 
 people, and it appears henceforth to have occurred 
 frequently. As earlj' as the year 86 B. c. forgery 
 of money was carried on to such an extent, that no 
 one was sure whether the money he possessed was 
 genuine or false, and the praetor M. Marius Grati- 
 dianus saw the necessity of interfering. (Cic. de 
 Off. iii. 20.) He is said to have discovered a 
 means of testing money and of distinguishing the 
 good from the bad denarii. (Plin. H. N. xxxiii. 
 46.) In what this means consisted is not clear ; but 
 some method of examining silver coins must have 
 been known to the Romans long before this time. 
 (Liv. xxxii. 2.) Sulla intiicted heavy punishment 
 upon the coiners of false money. All Rouiaii money 
 was generally coined at Rome, but in some parti- 
 cular cases the mints of other Italian towns, as in 
 tlie provinces, were used ; for we must remember, 
 that during the time of the republic subject coun- 
 tries and provinces were not deprived of the right 
 of coining their own money. This right they even 
 retained under the empire for a long time, though 
 with some modifications ; for while some places 
 were allowed to coin their money as before, others 
 were obliged to have upon their coins tiie head of 
 the emperor, or of some member of his family. 
 Silver and gold, however, were only coined in 
 places of the first rank. When all Italy received 
 the Roman franchise, all the Italians used the Ro- 
 man money, and in consequence lost the right to 
 coin their own. 
 
 It has been stated above that probably every 
 Roman citizen had the right to have his gold and 
 silver coined, but none had the right to put his 
 own image upon a coin, and not even Sulla 
 ventured to act contrary to this custom. The 
 coins apparently of the republican period with 
 the portraits of individuals, were, according to 
 Eckhel, coined at a later time, and by the de- 
 scendants of those persons whose portraits are 
 given. Caesar was the first to whom this privi- 
 lege was granted, and his example was followed 
 by many others as we see from the coins of Sext. 
 Ponipeius. The emperors assumed the right to 
 put either their own images or those of members of 
 their families upon their coins. 
 
 From the time of Augustus the triumviri, gene- 
 rally speaking, no longer put their name on any 
 coin, and it became the exclusive privilege of the 
 emperor to coin silver and gold. The senate en- 
 trusted with the administration of the aerarium 
 
MONILE. 
 
 retained the right of only coining copper, whence 
 almost nil copper coins of this period are marked 
 with S. C. or EX S. C. But this lasted only till 
 the time of Gallicnus, when the right of coining all 
 money became the exclusive privilege of the em- 
 perors. As, however, the vast extent of the em])ire 
 rendered more than one mint necessary, we find 
 that in several provinces, such as Gaul and Spain, 
 Roman money was coined under the superin- 
 tendence of quaestors or proconsuls. Roman colo- 
 nies and provinces now gradually ceased to coin 
 their own money. In the western parts of the 
 empire this must have taken place during the first 
 century of our aera, but in the East the Roman 
 money did not become universal till after the time 
 of Gallicnus. From the time of the emperor 
 Aurelian a great number of cities of the empire 
 possessed mints in which Roman money was coin- 
 ed, and during the latter period of the empire the 
 superintendents of mints are called procuraLores or 
 praepositi numctae. 
 
 The persons who were employed as workmen in 
 a mint were called mnnctarii. Their number at 
 Rome appears to ha ve been very great during the 
 latter period of the empire, for in the reigu of 
 Aurelian they nearly produced a most dangerous 
 rebellion. (Aurel. Vict, de Cues. 35 ; Vopisc. 
 Aure/. 38.) They seem generally to have been 
 freedmen. (Murat. Inscripl. 968. )i. 5.) 
 
 In Greece every free and independent city had 
 the right to coin its own money. Sparta and 
 Byzantium are said to have only coined iron money 
 (Pollux, vii. lot)), but no ancient iron coin has 
 ever been found. Respecting the time when money 
 was first coined in Greece, see Argentum, p. 81. 
 The Greek term for money was voiiiafia, from 
 vojxos, liecause the determination of its value was 
 fixed by law or contract. (Aristot. Ethic, v. 8.) 
 
 The mint at Athens was called dpyvpoKOTtfiov. 
 f 'APrrPOKOnErON.] We do not hear of any 
 nfficers connected with the management or the 
 superintendence of the Athenian mint. How far 
 the right of coining money was a privilege of the 
 central government of Attica is unknown. But 
 tiie extant coins show that at least some domes of 
 Attica had the right of coining, and it is probable 
 that tlie government of Athens only watched over 
 the weight and the purity of the metal, and that 
 the people in their assembly had the right of regu- 
 lating everything conceniing the coining of money. 
 (Aristoph. Efdes. 810, &c.) The Attic gold and 
 silver coins were always of very pure metal, and 
 we have only one instance in which the state at a 
 time of great distress used bad metal. This was in 
 the archonship of Antigenes and Callias, B. c. 407 
 and 406. (Aristoph. Ran. 673, with theSchol., and 
 678.) Individuals who coined bad money were 
 punished with death. (Demosth. cLc/ji!. p. 508 ; NO- 
 MI'2MAT02 AIA-teOPA'S AI'KH.) The place 
 where money was coined is always indicated on 
 Greek coins ; either the name of the place is stated, 
 or some symbolical representation of the place, as 
 the owl on Athenian and a peacock on Samian 
 coins. These symbols are generally of a religious 
 nature, or connected with the worship of the gods 
 or heroes. 
 
 For further information on this subject see 
 Eckhel, Doctrina Numorum Vetermu, and especially 
 the Prolegomena generalia in vol. i. [L. S.] 
 
 MONETA'RII. [MoNETA.] 
 
 MONI'LE (opfios), a necklace. Necklaces were 
 
 MONILE. 
 
 621 
 
 worn by both sexes among the most polished of 
 those nations which the Greeks called barbarous, 
 especially the Indians, the Egyptians, and the Per- 
 sians. [Armilla.] Greek and Roman females 
 adopted them more particularly as a bridal orna- 
 ment. (Lucan, ii. 361 ; Claud, de vi. cons. Honor. 
 5-27.) 
 
 The simplest kind of necklace was the monih 
 baccaium, or bead necklace (Virg. Aen. i. 657 ; 
 Lamprid. Al. Sev. 41), which consisted of berries, 
 small spheres of glass, ameth3'st, &c., strung to- 
 gether. Tliis is very commonly shown in ancient 
 paintings. (See woodcuts, p. 86. 240.) The right- 
 hand figure in the woodcut at page 240, and the 
 head of Minerva at page 447, exhibit a fre(|uent 
 modification of the bead necklace, a row of drops 
 hanging below the beads. These drops, wiien 
 worn, arrange themselves upon the neck like rays 
 proceeding from a centre. To this class of ncek- 
 hices belongs one in the Egj-ptian collection of the 
 British Museum (see the next woodcut), in which 
 small golden lizards alternate with the drops. The 
 figure in the woodcut immediately underneath this 
 exhibits the central portion of a very ancient and 
 exquisitely wrought necklace, which was found at 
 S. Agatha, near Naples, in the sepulchre of a 
 Greek lady. It has 71 pendants. Above them is 
 a band consisting of several rows of the close chain- 
 work, which we now call Venetian. [Catena.] 
 
 We also give here the central portions, exhibiting 
 the patterns of three splendid gold necklaces, pur- 
 chased from the Prince of Canino for the British 
 Museum. These were found in Etruscan tombs. 
 The ornaments consist of circles, lozenges, rosettes, 
 ivy-leaves, and hippocampi. A heart depends from 
 the centre of one of the necklaces. 
 
 The necklace was sometimes made to resemble a 
 serpent coiled about the neck of the wearer, as was 
 the case with that given as a nuptial present by 
 Venus to Harmonia, which was ornamented in so 
 elaborate a manner, that Nonnus devotes 50 lines 
 
C,2-2 
 
 MORTARIUM. 
 
 of his Dionysiaca (v. 125, &c.) to its descrip- 
 tion. This same necklace afterwards appears in 
 the mythology as the bribe b)^ which Eriphyle was 
 tempted to betray her husband. (ApoUodor. iii. 4. 
 2 ; 6. 2 — 6 ; Diod. Sic. iv. 65 ; v. 49 ; Serv. in 
 Aen. vi. 445.) 
 
 The beauty and splendour, as well as the value 
 of necklaces were enhanced by the insertion of 
 pearls and precious stones, which were strung to- 
 gether by means of linen thread, silk, or wires and 
 links of gold. For this purpose emeralds, or other 
 stones of a greenish hue {smuracjdi), were often 
 employed (vir'ules f/eminui', Juv. vi. 363). Amber 
 necklaces are mentioned in the Odyssey (xv. 459 ; 
 xviii. 295). Some account of the various kinds of 
 links is given in the article Catena. The hooks 
 or clasps for fastening the necklace behind the neck 
 were also various, and sometimes neatly and in- 
 geniously contrived. Besides a band encircling the 
 neck, there was sometimes a second or even a third 
 row of ornaments, which hung lower down, passing 
 over the breast. (Horn. Hymn. ii. in Ven. 11; 
 loni/a monilia, Ovid, Met. x. 264 ; Bottiger, Sabina, 
 ii."p- 129.) 
 
 Very valuable necklaces were sometimes placed, 
 as dedicated oft'erings, upon the statues of Minerva, 
 Venus, and other goddesses (Sueton. Gallj. 18), 
 and this was in ;iccordance with the description of 
 their attire given by the poets. (Horn. Hymn. i. 171 
 Ven. 88.) Horses and other favourite animals 
 were also adorned with splendid necklaces {anrca, 
 Virg. Aen. vii. 278 ; c/emmaia monilia, Ovid, Met. 
 X. 113; Claudian, Epiij. xxxvi. 9 ; A. Gell. v. 5.) 
 [TOKQUES.] [J. Y.] 
 
 MONOPO'DIUM. [Mensa, p. 612.] 
 MONOXYLON. [Linter.] 
 MONUMENTUM. [Funus, p. 441.] 
 MO'PA. [AiiMV (Greek), p. 88, 89.] 
 MORTA'RIUM, also called PI LA and PI- 
 LUM (Plin. H. N. xviii. 3; xxxiii. 26), (oAjuos : 
 tySri, Schol. iji Has. Op. ct Dies, 421 ; iySir, ap- 
 parently from the root of icerc, to strike), a mortar. 
 
 Before the invention of mills [Mola] corn was 
 pounded and rublx'd in mortars (pisfuin), and 
 hence the place for making bread, or the liake- 
 house, was caXhd jii-itrinum. (Servius, 2« Viiy.Aen. 
 i. 179.) Also long after the introduction of mills 
 this was an indispensable article of domestic furni- 
 ture. (Plaut. Au/. I. ii. 17; Cato de Re Hiist. 74 
 — 76 ; Colum. de Re Rust. xii. 55.) Hesiod {I. c), 
 enumerating the wooden utensils necessary to a 
 farmer, directs him to cut a mortar three feet, and 
 a pestle {ytrtpov, Ko-ndvov, pisiillum) three cubits 
 long. Both of these were e\'idently to be made 
 from straight portions of the trunks or branches of 
 trees : and the thicker and sliorter of them was to 
 be hollowed. They might then be used in the 
 manner represented in a painting on the tomb of 
 Remeses III. at Thebes (see woodcut, right-hand 
 figure, taken from Wilkinson, ii. p. 383) ; for there 
 is no reason to doubt that the Egyptians and the 
 Greeks fashioned and used their mortars in the 
 same manner. (See also Wilkinson, iii. p. 181, 
 showing three stone mortars with metal pestles.) 
 In these paintings we may observe the thickening 
 of the pestle at both cuds, and that two men pound 
 in one mortar, raising their pestles alternately as is 
 still the practice in Egypt. Pliny (//. A''. xxx\-i. 
 43) mentions the various kinds of stone selected 
 for making mortars, according to the purposes 
 which they were intended to serve. Those used 
 
 M0r2EIA. 
 
 in pharmacy were sometimes made, as he says, " of 
 Egyptian alabaster." The annexed woodcut shows 
 
 the forms of two preserved in the Egyptian collec- 
 tion of the British Museum, which exactly answer 
 to this description, being made of that material. 
 They do not exceed three inches in height : the 
 dotted lines mark the cavity within each. The 
 woodcut also shows a mortar and pestle, made of 
 baked white clay, which were discovered A. D. 
 1831, among numerous specimens of Roman pot- 
 tery in making the northern approaches to London- 
 bridge. (Archaeologia, vol. 24. p. 199. plate 44.) 
 
 Besides the uses already mentioned, the mortar 
 was employed in pounding charcoal, rubbing it 
 with glue, in order to make black paint {atramcn- 
 tum, Vitrav. vii. 10. ed. Schneider); in making 
 plaster for the walls of apartments (Plin. H. N. 
 xxxvi. 55) ; in mixing spices and fragrant herbs 
 and flowers for the use of the kitchen (Athen. ix. 
 70 ; Brunck, Anal. iii. 51) ; and in metallurgy, as 
 in triturating cinnabar to obtain mercury from it 
 by sublimation. (Plin. H. N. xxxiii. 41': xxxiv. 
 22.) 
 
 The philosopher Anaxarchus was pounded to 
 death with iron pestles in a mortar. (Uiog. Laert. 
 ix. 59 ; Menag. ad loc; TertuU. Apol. p. 39. ed. 
 Kigalt.) [J. Y.] 
 
 MOS. [Jus, p. 540.] 
 
 MO'0AKE2, MO'enNES. [Civitas (Greek), 
 p. 236.] 
 
 MOTNT'XIA, a festival celebrated in honour of 
 Artemis Munychia. Plutarch {de Glor. Alh. p. 
 349. F.) says that it was instituted to commemo- 
 rate the victorj' over the Persians at Salamis, and 
 that it was held every year on the sixteenth of 
 Munychion. (Compare Suidas and Harpocrat. s. v. 
 Uovvvxi-<iv.) The sacrifices which were oflFered to 
 the goddess on this day consisted of cakes called 
 dncpi^avT€s, cither because at this season the full 
 moon was seen in the west at the moment the sun 
 rose in the east, or, as is more probable, and also 
 confinned by most authorities, because these cakes 
 were adorned all round with burning candles. 
 (Athen. xiv. p. 645; Suidas, s. v. 'AvdcrraToi: 
 Hesych. and Etymol. Mag. s.v. 'hn<pi^(ov.) Eusta- 
 thius {ad Iliad, xviii.) .says that these cakes were 
 made of cheese. [L. S.] 
 
 MOT'2EIA, a festival with contests celebrated at 
 Thespiae in Boeotia in honour of the Muses. 
 (Paus. ix. 31. 3.) It was held every fifth j-ear 
 and with great splendour. (Plut. Amator.-p. 748. f.) 
 From Aeschines (c. Timurch.) it appears that there 
 was also a festi\ al called Museia, which was cele- 
 brated in schools. [L. S.] 
 
MUSCULUS. 
 
 MUSIC (GREEK). 623 
 
 MUCIA'NA CAUTIO. [Cautio.] 
 i MUNERA'TOR. [Gladiatores, p. 454.] 
 ; MU'NICEPS, MUNICI'PIUM. [Colonia, 
 
 1 p. 259 ; FOEDERATAE CiVITATES.] 
 MUNUS. [HONORES.] 
 
 MUNUS. [Gladiatores, p. 454.] 
 MURA'LIS CORO'NA. [Corona, p. 2H8.] 
 MU'RRIIINA VASA,orMU'RREA VASA 
 I were first introduced into Rome by Pompey, who 
 ' dedicated cups of this kind to Jupiter Capitolinus. 
 (Plin. //. A''. x.xxvii. 7.) The material, of which 
 these vases were made, is much disputed ; but their 
 vahie was very great. (Sen. de Bttwf. vii. 9 ; Epist. 
 119; Martial, iii. 82. 25; Dig. 33. tit. 10. s. 3. 
 § 4.) Pliny (/. v.) says that 70 talents were given 
 for one holding three sextarii, and speaks of a 
 murrhine trulla, which cost 300 talents. Nero 
 gave even 300 talents for a capis or drinking cup. 
 
 Pliny (xxxvii. 8) says that these murrliine 
 vessels came from the East, principally from places 
 within the Parthian empire, and chieiJy from Cara- 
 mania. He describes them as made of a substance 
 formed by a moisture thickened in the earth by 
 heat, and says that they were chiefly valued on 
 account of their variety of colours. Modern writers 
 difler much respecting the material of which they 
 were composed. Some think that they were vari- 
 egated glass,and others that they were made of onyx, 
 since that stone presents a variety of colours ; but 
 I the latter conjecture is overthrown by a passage of 
 Lampridius {IMioyah. 32), who speaks of onyx 
 and murrhine vases. Most recent writers, how- 
 ever, are inclined to think that they were true 
 Chinese porcelain, and quote in support of their 
 opinion the words of Propertius (iv. 5. 26) : — 
 " Murreaque in Parthis pocula cocta focis." 
 This opinion would be rendered still more probable 
 if we could place dependence on the statement of 
 Sir W. Gell {Pompeiana, vol. i. p. 98, 99), " that 
 the porcelain of the East was called Mirrha di 
 Smyrna to as late a date as 1555." (Becker, 
 (/al/us, i. p. 143.) 
 
 MU'SCULUS was, according to the description 
 of Vegetius {De lie Milit. iv. 16), one of the 
 smaller military machines, by which soldiers in 
 besieging a town were protected while engaged in 
 filling up the ditches round the besieged place, so 
 that the moveable towers {turres aniJjulatoriae') of 
 the besiegers might be able to approach the walls 
 without obstacle. A more minute description of a \ 
 iiuisculus is given by Caesar (Z>f Bell. Civ. ii. 10, 
 iVc). The one which he describes was nine feet | 
 Icing, and was constructed in the following man- j 
 ner : — Two beams of equal length were placed 
 upon the ground at the distance of four feet from 
 each other, and upon them were fixed little pillars 
 five feet high. Their top-ends were joined by 
 I transverse beams, which formed a gentle slope on 
 either side of the roof of which they formed the 
 frame-work. The roof was then entirely covered 
 with pieces of wood, two feet broad, which were 
 fastened with metal plates and nails. Around the 
 edge of this roof square pieces of wood, four cubits 
 broad, were fixed for the purpose of keeping to- 
 gether the bricks and mortar with which the 
 musculus was then covered. But that these mate- 
 rials, which were intended to protect the musculus 
 against fire, might not sufi'er from water, the bricks 
 and mortar were covered \vith skins ; and that 
 these skins again might not suifer from the fire or 
 stones which the besieged might throw upon the 
 
 musculus, the whole was covered with rags of cloth. 
 The whole of this machine was constructed under 
 the cover of a vinea, and close by the Roman 
 tower. At a moment when the besieged were least 
 expecting any attack, the musculus was moved on 
 against the wall of the town. The men engaged 
 under it immediately began to undermine the wall 
 and thus to make a breach in it ; and while this 
 work was going on, the besiegers kept up a lively 
 fight with the besieged in order to prevent them 
 from directing their attacks against the musculus. 
 (Compare Caes. De Bell. Civ. iii. 80 ; De Bell. Alej', 
 1.) The musculus described by Caesar was evi- 
 dently designed for difterent pui'poses than the one 
 mentioned by Vegetius, and the former appears to 
 be only a smaller but a more indestructible kind of 
 vinea than that commonly used. [L. S.] 
 
 MUSE'UM {Mova-i7ov) was the name given to 
 an institution founded by Ptolemy Pliiladelphus, 
 about B. c. 280, for the promotion of learning and 
 the support of learned men. ( Athenaeus, v. p. 203.) 
 We learn from Strabo (xviii. p. 794) that the 
 museum formed part of the palace, and that it con- 
 tained cloisters or porticos {irepmaTos), a public 
 theatre or lecture-room (e^eSpa), and a large hall 
 (oIkos fiiyas), where the learned men dined to- 
 gether. The museum was supported by a common 
 fund, supplied apparently from the public treasury; 
 and the whole institution was under the superin- 
 tendence of a priest, who was appointed by the 
 king, and after Egypt became a province of the 
 Roman empire, by the Caesar. (Strabo, /. c.) 
 Botmical and zoological gardens appear to have 
 been attached to the museum. (Philostr. Apolloii. 
 vi. 24 ; Athen. xiv. p. 654 ) The emperor 
 Claudius added another museum to this institu- 
 tion. (Suet. Claud. 42. with Casaubon's note.) 
 
 MT'SIA, a festival celebrated by the inhabitants 
 of Pellene in Achaia, in honour of Demeter Mysia. 
 The worship of this goddess was introduced at 
 Pellene from a place called Mysia in the neigh- 
 bourhood of Argos. (Paus. ii. 18. § 3.) The 
 festival of the Mysia near Pellene lasted for seven 
 days, and the religious solemnities took place in a 
 temple surrounded by a beautiful grove. The first 
 two days men and women took part in the celebra- 
 tion together; on the third day the men left the 
 sanctuary, and the women remaining in it perfonn- 
 ed during the night certain mysterious rites, during 
 which not even male dogs were allowed to remain 
 within the sacred precincts. On the fourth day 
 the men returned to the temple, and men and wo- 
 men now received each other with shouts of 
 laughter and assailed each other with various 
 railleries. (Paus. vii. 27. § 4.) Other particulars 
 are not known. [L. S.] 
 
 MUSIC (GREEK). In compiling the follow- 
 ing article little more has been attempted than to 
 give an outline of facts which rest upon positive 
 evidence, and at the same time to present them in 
 such a fonn as to serve for an introduction to the 
 original sources. Hence it necessarily consists in 
 a great measure of technical details, which, how- 
 ever, can present no difficulty to persons acquaint- 
 ed with the first elements of the modern theory ; 
 and nothing has been said in the way of deduction, 
 except in one or two cases where the interest of 
 the subject and the apparent probability of the 
 conclusions seemed to permit it. 
 
 The tcnn 'ApixovtKi) was used by the Greek 
 writers to denote what is now called the Science of 
 
624 MUSIC (GREEK). 
 
 Music ; novatKri having, as is well known, a much 
 wider sigiiifieation. 'Apfxavmri icrnv 6iri(rT7)/ur) 
 dfupriTiKrj Kal irpaKTiKri rijs tow Tipp.o<T ixivov 
 (pticrews. 'Hpfxoafievov Se icniv T<J in <p66yya>v 
 Kal SiauTTjuaTuv, iroid.v rd^iu ix^"''''^''^ uvyKfi- 
 fxevov. (Euclid. Int. Harm. p. 1.) 
 
 The following sevenfold division of the subject, 
 which is adopted by the author just quoted, as well 
 as by others, will be partlj' adhered to in the pre- 
 sent article : — I. Of Sounds (xepl <p66yyuv). II. 
 Of Intervals (TTcpl SmiTTTjiuaTwv). III. Of Genera 
 (irepl y4vuv). IV. Of Systems (irepl avaTfiixd- 
 ■tdiv). V. Of Modes (irepl rovuv).* VI. Of 
 Transition (Trcpl ix(TaSo\7\s). VII. Of Composi- 
 tion {yrepX fieAoiToitas). 
 
 A sound is said to be musical when it has a de- 
 terminate pUch (rafris). When two sounds diifer 
 in pitch, one is said to be more (u-ute (o|us), the 
 other more c/ravo (^apvs): or, in common language, 
 one is called higher and the other lower. The 
 term e/i^teArjs applied to a sound either s.igTiities 
 siiiipli/, that it is capable of being used in a melody; 
 or relatively, that it is capable of being used in the 
 same melody with some other sound or system of 
 sounds ; the latter is its most common meaning. 
 
 An Interval is the ditference or rather distance 
 between two sounds of different pitch. When we 
 compare the intervals between two pairs of sounds, 
 we judge them in certain cases to be similar, or 
 equal. If the more acute sound of one of them be 
 tlien raised, that interval is said to become greater 
 than the other. It is this property of intervals 
 (their being comparable in respect of magnitude) 
 which enables us to classify them, and enumerate 
 their several kinds. 
 
 Intervals are either consonant (crv/j-tpiava) or dis- 
 sotiant (Siacjxtfi/a), according as the two sounds may 
 or may not be heard at the same time without 
 oifcnding the ear. (Eucl. p. 8.) Strictly speaking 
 it is impossible to define the limit between the two 
 classes, and this seems to be acknowledged by the 
 later writers, who distinguish various degi'ees of 
 consonance and dissonance. Originally, the only 
 inters'als reckoned consonant were the Octave or 
 eighth (5ia TracrcDi'), the Fifth (Sid nevre or Si' 
 d^etaiv), the Fourth (Sid naadpuiv or cuAAaSri), 
 and any interval produced by adding an octave to 
 one of these. But all intervals less than the fourth, 
 or intermediate between any two of those just 
 enumerated (as the sixth, tenth, &c.). were con- 
 sidered as dissonant. The principal intervals, less 
 than the fourth, employed in Greek music were 
 the double tone {h'lTovov), nearly equal to the 
 modem major third ; the tone and half {rpirinno- 
 viov), nearly the same as the minor third ; the 
 tone {r6vos), equal to the modem major tone ; the 
 half tone {ripLirSviov) and the quarter tone (S/ecris). 
 (Eucl. p. 8.) Other writers speak of Ofiotpwvia or 
 unison, dvri(puivia or the consonance of the octave, 
 and ■irapa<pwv'ia or the consonance of the fourth and 
 fifth. See Arist. Probl. xix. 39, and Gaudentius, | 
 p. II. The latter author considers irapa<pa>v[a to be 
 
 MUSIC (GREEK). 
 
 intermediate between consonance and dissonance, 
 and mentions the tritone or sharp fourth as an ex- 
 ample of it. 
 
 If two strings, perfectly similar except in length, 
 and stretched by equal tensions, be made to vi- 
 brate, the number of vibrations perfomed in a 
 given time by each is inversely proportional to 
 its length ; and the interval between the sounds 
 produced is found to depend only on the rati/j of 
 tlie hnyths, i. e. of the numbers of vibrations. Thus 
 if the ratio be -J the interval is an octave, 
 if „ I „ a fifth, 
 
 if « f » a fourth, 
 
 if „ ^ „ a major tone. 
 
 The discovery of these ratios is attributed, pro- 
 bably with truth, to Pythagoras. But the accounts 
 of the expei'iments by which he established them 
 (see Nicomachus, p. 10) are plainly false, since 
 they contradict the known fact that when similar 
 and equal strings are stretched by different tensions, 
 the numbers of vibrations are as the square roots of 
 the tensions. (See Whewell's Dynamics, part. ii. 
 p. 331. ed. 1834.) 
 
 The T&vos or tone was defined to be the dif- 
 ference between the fourth and fifth ; so that the 
 corresponding ratio would be detemiined either by 
 experiment, or bj- simply dividing -j by f. 
 
 It is remarkable that each of the four ratios 
 enumerated above is superparticular ;* i. e. the two 
 terms of each diifer from one another by unity. 
 And all the intervals employed in the modem 
 theory are either such as correspond to superpar- 
 ticular ratios, or are produced from such by com- 
 pounding them with the octave. Thus the ratio 
 corresponding to the 
 
 major third is -J 
 minor third „ 4 
 
 * T6vos is used in several different senses. First 
 it signifies det/rcc of tension, and so pitch, whence 
 its application to denote mode, the modes being 
 scales which differed in pitch : and then it is taken 
 for result of tension ; whence its meaning as the 
 name of an interval, tone, because a tone is the in- 
 terval through which the voice is- most naturally 
 raised at one effort. (See Aristid. p. 22 ; Eucl. 19.) 
 
 major semitone „ 
 It seems therefore extraordinary that analogy 
 should not have led at once to the discovery at 
 least of the major and minor third, as soon as the 
 connection between intervals and ratios had been 
 observed. However no such discovery was then 
 made, or if made it was neglected ; and this affords 
 at once an explanation of the fact that intervals 
 less than the fourth were reckoned dissonant : for 
 the ZItovov, or double major tone, is greater than 
 the true consonant major third (which consists of 
 a major and minor tone) by an interval expressed 
 by the ratio |-a ; a difference quite sufficient to de- 
 stroy the consonance of the interval. In fact when 
 a keyed instrument is tuned according to the equal 
 temperament, the major thirds are too great by an 
 interval little more than half of this (-j^ nearl}-), 
 and yet are only just tolerable. This subject is 
 important, because it bears immediately upon the 
 question whether harmony was used in the Greek 
 music. 
 
 An aggregate of two or more intervals, or rather 
 a series of sounds separated from one another by 
 intervals, constituted a system. Systems were 
 
 * Euclid seems to consider no intervals conso- 
 nant except such as con'espond to superparticular 
 {lirifwpios) or multiple (iroWavKaa'iwi') ratios ; 
 the latter being such as -f, ^, -i, &c. On this 
 theory the octave and fourth (^) would be dis- 
 sonant, but the octave and fifth (y) consonant. 
 (See Eucl. Sect. Can. p. 24.) 
 
MUSIC (GREEK). 
 
 named from the number of sounds which they com- 
 preliended. Thus an octachord was a system of 
 eight sounds, a pentachord of five, and so on : and 
 usually, though not necessarily, the number of 
 sounds corresponded to the interval between the 
 two extreme sounds. 
 
 The fundamental system in ancient music was 
 the tetracliord, or system of four sounds, of which 
 the extremes were at an interval of a fourth. In 
 modem music it is the octachord, and comprehends 
 an octave between the extremes. The important 
 and peculiar property of the latter system, namely, 
 the completeness of its scale, was fully understood, 
 as the name of the interval Sio iraauv sufficiently 
 indicates (see also Aristides, p. 16, 17), but it was 
 not taken in theory for the foundation of the scale ; 
 or at any rate was considered as made up of two 
 tetrachords. 
 
 The Germs of a system depended upon the dis- 
 tribution of the two intermediate sounds of the 
 tetrachord. The Greek musicians used three Ge- 
 nera : — 
 
 I. The Diatonic, in which the intervals between 
 the four sounds were (ascending), semitone, tone, 
 tone : — 
 
 II. The Chromatic ; semitone, semitone, tone 
 and half: — 
 
 :1=F 
 
 III. The Enharmonic ; diesis, diesis, double 
 tone : — 
 
 (The second note is meant to represent a sound 
 half way between E and F, for which the modern 
 system supplies no notation.) 
 
 Of these genera the Diatonic was allowed to be 
 the most ancient and natural, and the Enharmonic 
 the most modern and diflicult ; the latter however 
 seems soon to have become the favourite with 
 theorists at least, for Aristoxenus complains that all 
 writers before his time had devoted their treatises 
 almost entirely to it, to the neglect of the two 
 others. (Aristox. p. 2 and 19.) 
 
 The only ditt'erence between the ancient and 
 modem Diatonic is that in the former all the tones 
 are major tones, whereas in the latter, according to 
 the theory generallj' admitted, major and minor 
 tones occur alternately. (See Crotch's Eleinenis of 
 Mnsical Composition, chap, ix.) The interval 
 called a semitone in the above descriptions is 
 therefore strictly neither equal to the modern major 
 semitone, nor to half a major tone, but the ear 
 would hardly appreciate the ditt'erence in melody. 
 
 Besides these Genera, certain Colours (xpo'oi) or 
 specific modifications of them are enumerated. 
 (Eucl. p. 10.) 
 
 The Enharmonic had only one XP^^'i namely, 
 the genus itself as described above : it is commonlj' 
 called simplj' dpfiov'ia. 
 
 The Chromatic had three: 1st. XP^H-"^ ToyiaToi/, 
 
 MUSIC (GREEK). 625 
 
 or simply xp^f^'^i t'l^ same as the genus; 2nd. 
 XP^I^<* viJ-'<i^'ov, in which intervals of three-eighths 
 of a tone were substituted for the two semitones ; 
 3d. xpi^A"* fiaXaKoy, in which intervals of one 
 third of a tone were similarly employed. 
 
 The Diatonic had two XP°°-'' Smtovov 
 avvTovov, or simply imTovov, the same as the 
 genus ; '2nd. Smroyoc fiaKaKov, in which an inter- 
 val of three-fourths of a tone was substituted for 
 the second semitone (ascending). 
 
 The following table will exhibit at one view the 
 intervals between the sounds of the tetrachord,taken 
 in tlie ascending order, according to each of these 
 Xpooi, the tone being represented by unity, and 
 two tones and a half being supposed to make up a 
 fourth, a supposition which is not exactly true, but 
 is commonly adopted by the ancient writers as 
 sufficiently accurate for their purpose. (See Eucl. 
 Sectio Canonis. Theor. xv.) 
 
 I. Diatonic. ... 1. Smtovou (fftlvrovov) ^, I, 1. 
 
 2. SlUTOVOV fM\aK6v -J, -5, f . 
 
 II. Chromatic . . 1. xP'^f^'^ (roviaiov) . ^, ^, 
 
 2. XP^I^"' "flf-i-i^iov . ~, ^, J. 
 
 3. XP'^I^"- . ^5 ^5 V • 
 
 III. Enhamionic . dp/xovla -5, ^, 2. 
 
 There seems to be little evidence that any of 
 
 these XP^"-' were practically used, except the three 
 principal ones, Siarocoj/, XP'^I^-' dpfxavia. But it 
 would be wrong to conclude hastily that the others 
 would be impossible in practice, or necessarily un- 
 plcasing. In the soft Diatonic for instance, the 
 interval which is rouglily described as five-fourths 
 of a tone would be greater than a major tone, but 
 less than a minor third ; now there are two inter- 
 vals of this kind corres])fliiding to the snperpartimi^ 
 lar ratios f- and -J, which ought therefore by ana- 
 logy to be consonant, or at any rate capable of 
 being employed as well as the tone and semitone ; 
 and although they are not used in modern music, or at 
 least not admitted ni theory,* nothingbut experiment 
 can determine how far the ear might become ac- 
 customed to them. If this view be correct, the in- 
 tervals of the tetrachord in the hiaTovov fm\aK6u 
 would probably correspond to the ratios J-J, ij, |, 
 and similar considerations might be applied to 
 the other XP""'- 
 
 The four sounds of the tetrachord were distin- 
 guished by the following names : uTrarr; (sc. xopS?}) 
 was the lonvst; vriTi) or cftxTT) the liigliest; vapv- 
 vdTT] the lowest but one, and -jrapavriTri the highest 
 but one. TlapavriTri was also frequently called 
 Kixavos, probably because in some ancient instra- 
 ment the corresponding string was stmck by the 
 forefinger; and iraptmdrri was afterwards called 
 Tplrri in certain cases. These names were used in 
 all the genera ; but the name of the genus was 
 commonly added to Aixafos (thus Aixacos Siarofoj, 
 Xpu)p.aTiK-^ or ivapixovios), perhaps because the 
 position of this sound with respect to Ottott) and 
 vriTT] is what chiefly determines the character of 
 the genus. When the two lowest intervals of the 
 
 * See Smith's Harmonics, sect. iv. art. 1 0. These 
 intervals exist in the natural scales of the hom, 
 trumpet, &c., and are in fact used, instead of the 
 minor third and tone, in the harmony of the domi- 
 nant seventh, both by stringed instruments and 
 voices when unaccompanied by tempiered instru- 
 ments. 
 
 2 s 
 
626 MUSIC (GREEK). 
 
 tetrachord taken together were less than the re- 
 maining one, those two were said to fonn a cim- 
 densed interval (TrvKv6i'). Thus the interval be- 
 tween VTrdrr] and Aixaco's is irvKvov in the En- 
 harmonic and Chromatic genera. The three sounds 
 of the irvKvov were sometimes called /SopuTroKvos, 
 fifaoirvKvos and 6i,virvKv6s, and sounds which did 
 not belong to a -kvkvov were called dirvKvoi. 
 
 It is not to be supposed that the tetrachord 
 could long continue to furnish the entire scale used 
 in practice, though it was alwaj's considered as the 
 element of the more comprehensive systems which 
 gradually came into use. The theory of the genera, 
 as has been seen, required only the tetrachord for 
 its full developement, though it certainly could not 
 have been invented till after the enlargement of 
 the scale. 
 
 Terpander is said to have invented the seven- 
 stringed lyre (Eucl. p. 19), which seems not to 
 have been obsolete in Pindar's time {Pi/tli. ii. 70) ; its 
 scale consisted of an octave with one sound omitted. 
 (Arist. Prob. xix. 7. 25. 32.) The addition of this 
 omitted sound (attributed to Lycaon or Pythago- 
 ras), would give an octachordal lyre with a com- 
 plete octave for its scale. And an instrament 
 called maffodis, which must have liad a still greater 
 compass, was very early known, and is said to 
 have had twenty strings as used by Anacreon. 
 (See Biickh, de Aletr. Piiid. lib. iii. cap. 7. 11.) 
 
 MUSIC (GREEK). ' 
 
 When two tetrachords were joined so that the 
 highest sound of one served also for the lowest of 
 the other, they were said to be conjunct (auvqii- 
 fj-4va). But if the highest sound of one were a 
 tone lower than the lowest of the other, they were 
 called disjunct (Sie^ev/fxefo), thus 
 
 BC^EFGA conjunct. 
 
 eFgA Bc1)E disjunct. 
 
 In the latter case the tone (between A and B) 
 which separates them was called rSvos Siafei/KTi- 
 k6s. (Eucl. p. 17.) 
 
 A hendecachordal system, consisting of three 
 tetrachords, of which the middle one was conjunct I 
 with the lower but disjunct from the upper, thus 
 
 b^eFgabcdI:, 
 
 is supposed to have been used about the time of 
 Pericles. (Bdckh.) In such a system the lowest 
 tetrachord was called (rerpaxopSov) v-iraTwv, the 
 middle fi^awv, and the highest Zn^^vyn^vuv. 
 Afterwards a single sound (called -irpoa-KafiSavd- 
 fieyos) was added at an interval of a tone below 
 the lowest of OiraTtui', and a conjunct tetrachord 
 (called virepSoXaiai/) was added above. And thus 
 arose a system of two complete octaves, 
 
 > / t—Ol- • 
 
 which was called the (/reater -perfect system. An- 
 other system, called the smaller perfect si/slem, was 
 composed of three conjunct tetrachords, called 
 
 iiraruv, fi^ffav, and cvvrjfjifjLivuv, with irpoaKa/i- 
 Sav6)ievos, thus. 
 
 Ml 
 
 W 
 
 and these two together constituted the immutahle 
 system (aiar-qfxa anfrdSoXov) described by all the 
 writers later than Aristoxenus, and probably known 
 to him. (Eucl. p. 17.) 
 
 The sounds in these systems were named in the 
 way before described, the names of the tetrachords 
 only being added, and fxiat] and ■napafx^crr] be- 
 ing substituted for i/tjttj fi^croiv and liTrarr; 5<€- 
 ^evyixlvojv respectively. Thus, taking the sounds 
 in the ascending order. 
 
 iTpo(T\afi§a.v6ixfVos 
 VTra/TT] virarav 
 TrapvTraTT] vnariou 
 
 KlX''-''OS UTTOTa/V 
 
 Trapmra.Tq fxicraiv 
 
 } 
 
 TerpaxopSov 
 
 So far the sounds are connnon to the greater and 
 smaller systems. Then follow, in the greater, 
 B irapafiia-q 
 
 tdi'tt) hi^^^vyfjiivuiv i ^ s. / 
 ^apav-h-r-n^ Sie^evy/,^ 5'f^"7M^''">'. 
 
 TDiTT) VTrepSoAaiuiv \ > a i 
 
 irapairqrif vTrepSoAalwv ' r ~ 
 
 vnrr) inrepSoXaiuv 
 
 The interval between fiifff) and TrapajXiffT) is a 
 tone. But in the smaller system juetri; serves also 
 for the lowest sound of the tetrachord avvr]ixixfvwv, 
 which terminates the scale, thus 
 A /U€(nj 
 
 iB TpiTTj avvi)ixixfvuv. 
 C irapav^TT] (Tvvrififj.(vwv. 
 
 D VT^TTJ (TX>Vr)p.fi4v(ilU. 
 
 In adapting the modem notation to these scales, 
 we have represented them in the Diatonic genus ; 
 but the same arrangement of the tetrachords was 
 adopted in the others. Those sounds of the im- 
 nnitable system which were the same in all the 
 genera, namely, TrpoaKafiSavoufVOS, vTrdrri vvaTwv, 
 vndTT] fieuiDV, fifcrri, Trapaixlu-q, vi^tt) <rvvT)iJ.fifvaiv, 
 vrjTt) Sif^fvy/ifvoiv, and vt^tt) vTep§o\a'iwv, were 
 called fixed (eUTtSTfj), being in fact, except the 
 first, the extreme sounds of the several tetrachords. 
 The rest, being the intermediate sounds, on the 
 position of which the genus depended, were called 
 movable (KiVovfj.evoi). 
 ■ Mfffr) was certainly considered a sort of key note 
 to tlie whole system (see Arist. Probl. xix. 20), 
 and irpoaXa/iSai'Sfieyos was added to complete the 
 octave below juetrij. (Aristides, p. 10.) This ad- 
 dition is supposed to have been made later than 
 
MUSIC (GREEK). 
 
 the time of Plato, but earlier than Aristoxenus. 
 (BiJckh.) 
 
 The greater of the two systems thus described 
 appears to have superseded the other in practice ; 
 in fact it is evidently the most natural of the two. 
 But it must not be supposed that it was necessarily 
 used in its complete form as the scale of any in- 
 strument ; it was rather a theoretical canon by 
 which the scales really employed were constructed. 
 With regard to its Jilness for use, it may be ob- 
 served that in the Diatonic genus the effect of such 
 a system would not perceptibly differ, so long as 
 melody only was required, from that of the corre- 
 
 MUSIC (GREEK). 
 
 627 
 
 spending notes (given above) as played on a mo- 
 dern instrument with or without temperament. 
 The Chromatic scale is quite unlike* anything now 
 employed; and though it was not considered- the 
 most difficult, was certainly the least natural. 
 (T6X''"c<<5TaT0i' 56 TO XP'^I^"-! Aristidcs, p. 1.9.) 
 But it is impossible to fonn a decided judgment of its 
 merits, without a much greater knowledge of the 
 rules of composition than seems now attainable. 
 The effect of the Enharmonic nuist have been 
 nearly the same as that of the Diatonic, supposing 
 \ixav6s to be left out in each tetrachord, thus : 
 
 ■ « »— '-| 1 ^ W-j-j-TT-*^ 
 
 Indeed Plutarch relates, on tlic authority of Aris- 
 toxenus, that Olympus was led to the invention of 
 this genus by observing that a peculiar and beauti- 
 ful character was given to melody when certain 
 notes of the scale, and particularly Aixorar, were 
 left out. (See Plutarch's Z)i«/o</«e on Musk; Mtm. 
 deVAcad. des hiscriptions, vol. x. 12C.) It is there- 
 fore most probable that this was the original form 
 of the Enhannonic scale, and that it was more an- 
 cient than the highly artificial Chromatic. In this 
 form it would be both natural and easy. But 
 afterwards, when additional sounds were inter- 
 posed between B and C, E and F, it would of 
 course become, as it is always described, the most 
 difficult of all the Genera, without however ceasing 
 to be natiu-al : for these additional sounds could 
 certainly be neither used by a composer nor exe- 
 cuted by a singer as essential to the melodj', but 
 must rather have been introduced as passing or orna- 
 mental notes, so that the general effect of the genus 
 would remain much the same as before. The as- 
 sertion of Aristoxenus (see p. 28. 53) that no voice 
 could execute more than two quarter tones in suc- 
 cession, evidently supports this view.* Thus the 
 Enharmonic would derive its distinctive character 
 more from the largeness of the highest interval of 
 the tetrachord than from the sm:dlness of the two 
 others. Aristoxenus (p. 2,3) expresslj' mentions 
 the important influence which the magnitude of the 
 interval between Kixavos and v/it-i) had upon the 
 character of the genus, and blames the musicians 
 of his own time for their propensity to diminish 
 this interval for the sake of sweetness (to6tov S' 
 atriov TO fiovKfaSat yXvKaiv^iv aei). That a pecu- 
 liar character really is given to a melody by the 
 occurrence of a larger interval than usual between 
 certain sounds of the scale, is a well known fact, 
 exemplified in many national airs, and easily proved 
 by the popidar experiment of playing on the black 
 keys only of a pianoforte.+ 
 
 The Genus of a system was determined, as has 
 been explained, by the nuignitude of certain of its 
 intervals. The species (elSos) depended upon the 
 order of their succession. Hence, supposing no 
 system to be used which was not similar to some 
 part of the av(rTi)ixa dfieraSoKov, every system 
 would have as many species as it had intervals, 
 and no more. (Eucl. 'p. 14.) 
 
 * Compare what is said (Aristid. p. 28) of the 
 rare use of intervals of three and five quarter tones. 
 
 + See Bumey, vol. i. p. 27, on the Old Enhar- 
 monic, 
 
 kJ -9- 
 
 The tetrachord for example had three species in 
 each genus thus (Diatonic), 
 
 1st. i, 1, 1. 2nd. 1,^, 1. 3rd. 1, 1,^. 
 
 (where 1 stands for a tone). 
 
 The species of a system was often described by 
 indicating two sounds of the <rii(rT7)/iO d/xeTciSoKov 
 between which a similar one might be found. Of 
 the seven species of the Octachord, the first was 
 exemplified by the octave comprehended between 
 viraTi] uTraTwv and vapafj.ear] : the second by that 
 between TrapvirdTr) vnaTwv and rplriq Ste^evyfie- 
 vu>v : and so on. The order of the intervals in 
 these seven species would be as follows in the Dia- 
 tonic genus (ascending) : 
 
 1st. 
 2nd. 
 3rd. 
 4th. 
 5th. 
 6th. 
 7th. 
 
 This distinction of species is important, because 
 it formed originalhi the chief difference between the 
 modes (j6vol). Unfortunately there are no means 
 of determining what was the real difference be- 
 tween melodies wAten in these several scales ; and 
 the difficulty of forming any probable hypothesis 
 on this subject is increased by what is said of fxeai) 
 in the passage quoted above from the Aristotelic 
 Problemata. Ylavra -yaQ to, xgi7'''Ta Mt^l voK\a- 
 Kiy Tp tJ.4(TTi p^g^Toi, Kal irdvTiS ot ayadol irotriraL 
 TrvKvd wgos rriv fieariv drravTaai, Kciv dneK- 
 BuiTi, Taxii iiravfgxov'ai, irgos 5e dkXTiv ovTuis 
 ovSe/xiav. For since the position of /it(n) was de- 
 termined (Euclid, p. 18) by the intervals adjacent 
 to it, any series of sounds ieyinning or ending with 
 fifcrri would give a system always of the same 
 species. Possibly the author of the Problemata 
 does not use the tenn fJ-^Tri in the same sense as 
 Euclid. 
 
 However it is certain that the seven species of 
 the Octachord above described were anciently 
 
 * The modem minor scale. A, B, C, D, E, || F, 
 JG, A, can hardly be considered an exception to 
 this assertion, for its essential character, as now 
 used, depends so little upon the Chromatic interval 
 between F and that this peculiarity is usually 
 got rid of in melody by raising tlie F or lowering 
 the JG, according to circumstances. Hence the 
 popular but incorrect way of representing the 
 ascending and descending minor scales. (See Dehn 
 Theoreiisch-praktisclie Harmonielehre, p. 67, 68.) 
 
 2 s 2 
 
"t J- 
 
 J. 1 o 
 
 4' Z' 
 
 1 > 1 
 3. 
 
 628 MUSIC (GREEK). 
 
 {vTzd Twv dgxalav, Eucl. p. 15) denoted by the 
 names Mixolydian, Lydian, Phrygian, Dorian, 
 Hj-polydian, Hypophrj'gian, and Hypodorian ; and 
 it seems likely that they always differed in pitch 
 as well as species, the Mixolydian being the highest, 
 and the Hypodorian the lowest. Hence it is con- 
 jectured that there were originally only three 
 modes, corresponding to the three species of tetra- 
 chord, and that tliese were the Dorian, Phrygian, 
 and Lydian ; because the Octachord in each of 
 these three modes is made up of two similar dis- 
 junct tetrachords, which are of the first species in 
 the Dorian, the second in the Phrygian, and the 
 third in the Lydian. 
 
 Aristides describes also six enJiarmonic modes 
 of very ancient origin {ais ol Trdw iraAaioToroi 
 vQos rds dgfj-ovias Kexerji/rai, p. 21) consisting of 
 different species of octachords, and quotes the well 
 known passage in Plato {Kej). in. c. 10) as refer- 
 ring to them. The order of the intervals is given 
 as follows (see the notes of Meibomius upon the 
 passage): — 
 
 Lydian . . ^, 2, 1, i, ^, 
 
 Dorian . . 1, i, i, 2, 1, 
 
 Phrygian . 1, i, i, 2, 1, 
 
 lastian . . ^, i, 2, 1^, 1. 
 
 Mixolydian . |, 1, 1, a, ^, 
 
 Syntonolydian ^, ^, 2, 1^, 2. 
 
 It will be observed that these scales do not all 
 comprehend exactly an octave ; and none of them 
 except the Lydian is coincident with any part of 
 the avcnrifxa dfieTaSoKov.* None of them is de- 
 cidedly unnatural, except perhaps the Mixolydian. 
 Of course it is impossible to recognise their charac- 
 ters as described by Plato, in the absence of exam- 
 ples of their application in actual melody. Their 
 principal interest therefore consists in the evidence 
 which they afford of the antiquity of enharmonic 
 systems, i. e. of systems formed by omitting certain 
 sounds of the diatonic scale. For unless we take 
 this view of them, and consider the quarter tones 
 as unessential additions, it seems quite impossible 
 to understand how thej' could be used at all. 
 
 The difference of species, considered as the 
 characteristic distinction of modes, is evidently 
 spoken of as a thing antiquated and obsolete, not 
 only by Aristides (who was certainl}' later than 
 Cicero, see p. 70), but also by Euclid. As to 
 Aristoxenus, the fragments which remain of his 
 writings contain no allusion to such a distinction at 
 all. In his time it appears that the number of 
 modes was thirteen ; and later writers reckon 
 fifteen. (Eucl. p. 19 ; Aristid. p. 23, 24.) The 
 descriptions of these fifteen modern modes are very 
 scanty, but they indicate pretty plainly that they 
 were nothing more than transpositions of the 
 greater perfect spstein ; their names were Hj'podo- 
 rian, Hypoiastian, Hypophrygian, Hypoaeolian, 
 Hypolydian, Dorian, lastian, Phrygian, Aeolian, 
 Lydian, Mixolydian, Hyperiastian,flj-perphrj'gian, 
 Hyperacolian, Hyperlydian. The Hypodorian was 
 the lowest in pitch, and the TrpoaKaixSavd/Mevot of 
 the others were successively higher by a semitone ; ! 
 and only that part of each scale was used which 
 was within the compass of the voice. It seems 
 
 * That systems were not ahcays restricted to 
 the immutable fonn is proved by what Euclid says 
 of compomiH systems, with more than one ^eV?;. 
 
 •music (GREEK). 
 
 I likely that the ancient modes mentioned by EucUd 
 and described above, consisting of octachords taken, 
 j as regards their species, from different parts of the 
 j avaTT]fia d/xiTdSoKvp, would, as regards 'pitch, be 
 ; each so placed as to lie between uttott) fn^aav and 
 vTirr) 5lef€ll7/U€^'cDI' of the modem mode of the 
 same name. For they certainly did always differ 
 ! in pitch, as the name tovos shows ; and there is no 
 i reason to believe that their relative position was 
 ever changed : the system of notation, moreover, 
 confirms this supposition. But for details on this 
 subject we must refer to the dissertation of Bcickh 
 (iii. 8), where it is treated at length. The only 
 important results, however, are, first, that the 
 modes did anciently differ in species ; secondly, 
 that in process of time this difference either disap- 
 peared entirely, or ceased to be their distinguishing 
 mark ; and, thirdly, that their general pitch was 
 alwaj's different. The ideas conveyed by these 
 general assertions of the real character and effect 
 of the Greek music are excessively vague and un- 
 satisfactory ; but an examination into particulars 
 docs not tend to make them at all more definite 
 or clear. 
 
 There can be little doubt that different rhythms 
 and degrees of slowness or quickness, as well as 
 different metres and styles of poetry, would soon 
 be appropriated to the modes, so as to accord with 
 their original musical character ; and these dif- 
 ferences would in time naturally supersede the old 
 distinction of species, and come to be looked on as 
 their characteristic marks ; so that at length all 
 the species might even be used in each mode, for 
 the sake of additional variety. With regard to 
 the poetry, indeed, it is certain that particular 
 measures were considered appropriate to different 
 modes (Plat. Legg. ii. p. C70), and it has even 
 been attempted to divide Pindar's Odes into 
 Dorian, Aeolian, and Lydian. (Bdckh, iii. 15.) 
 j The rhythm of the music must have depended 
 chiefly, if not entirely, upon that of the words, or 
 else have been of a very simple and uniform 
 character, since there is no mention of a notation 
 for it as distinct from the metre of the poetry, 
 j Probably, therefore, nothing like the modern 
 system of musical rhythm existed ; and if so, this 
 must have formed one of the most essential points 
 of difference between the ancient and modem 
 music. How the rhythm of mere instrumental 
 music was regulated, or what variety it admitted, 
 docs not appear. There is no reason, however, to 
 believe that music without words was practised to 
 any extent, though it was certainly known ; for 
 . Plato speaks with disapprobation of those who 
 used fjiikos koX ^v8jxdv dvev ^rjudTwv, <j/i'A^ 
 KiBapia'fi T6 Kal avAi^<T€i ■n-go<TXg<^l^f''oi [Legg. ii. 
 p. 669), and others mention it. (Bockh, iii. 11.) 
 
 On the two last of the heads enumei"ated in 
 dividing the whole subject, very little real in- 
 fomiation can be obtained. In fact they could not 
 be intelligibly discussed without examples, a method 
 of illustration which unfortunately is never em- 
 ploj'ed by the ancient writers. MeraSoAT? was the 
 transition from one genus to another, from one 
 system to another (as from disjunct to conjunct or 
 vice versa), from one mode to another, or from one 
 style of melodj' to another (Eucl. 20), and the 
 change was made in the same way as in modem 
 modulation (to which fieTaSoXT^ partly corresponds), 
 viz. by passing through an intermediate stage, or 
 using an element common to the two extremes be- 
 
MUSIC (GREEK). 
 
 tween which the transition was to take place. (See 
 Eucl. 21.) 
 
 MeAoffoiia, or composition, was the application 
 or use of all that has been described under the pre- 
 ceding heads. This subject, which ought to have 
 been the most interesting of all, is treated of in 
 such a ver_v unsatisfactory way that one is almost 
 forced to suspect that only an exoteric doctrine is 
 contained in the works which have come down to 
 us. On composition properly so called, there is 
 nothing but an enumeration of different kinds of 
 seqM-ncc of notes, viz.: — 1. dywyr), in which the 
 sounds followed one another in a regular ascending 
 or descending order ; 2. ■kKokt/i, in which intervals 
 were taken alternately ascending and descending ; 
 3. ■jreTT€io, or the repetition of the same sound se- 
 veral times successively ; 4. tov/i, in which the same 
 sound was sustained continuously for a consider- 
 able time. (Eucl. 22.) Besides this division, there 
 are several classifications of melodies, made on dif- 
 ferent principles. Thus they are divided accord- 
 ing to (jvnus, into Diatonic, &c. ; according to mode, 
 into Dorian, Phrygian, &c. ; according to system, 
 into grave, acute, and intermediate (uiroToeiSijs, 
 VTjToeiS^s, jUeo-oeiSTfs). This last division seems 
 merely to refer to the general pitch of the melody ; 
 yet each of the three classes is said to have a dis- 
 tmct turn {rpo-Kos), the grave being trariic, the 
 acute 7iomic (vo/j.ik6s), and the intcnnediate di- 
 thyrambic. Again melody is distinguished by its 
 character {■qSos), of which three principal kinds are 
 mentioned, SiaaraKTiKov, avtrTaKriKov, and tjitu- 
 XocTiKiSv, and these terms are respectively explain- 
 ed to mean aptitude for expressing a magnaminous 
 and heroic, or low and effeminate, or calm and re- 
 fined character of mind. Other subordinate classes 
 are named, as the erotic, epithalamian, comic, and 
 encomiastic. (Eucl. 21 ; Aristid. 29.) No account 
 is given of the formal peculiarities of the melodies 
 distinguished by these different characters, so that 
 %\ liat is said of them merely excites our curiosity 
 without tending in the least to satisfy it. 
 
 The most ancient system of notation appears to 
 have consisted merely in the appropriation of the 
 letters of the alphabet to denote the different 
 sounds of the scale ; and the only alteration made 
 in it was the introduction of new signs formed by 
 accenting letters, or inverting, distorting, and muti- 
 lating them in various ways, as the compass of the 
 scale was enlarged. A great, and seemingly un- 
 necessary, complexity was caused by the use of 
 two diti'erent signs for each sound ; one for the 
 voice, and the other for the instrument. These 
 two signs were written one above the other imme- 
 diately over the syllable to which they belonged. 
 They are given by several of the Greek writers, 
 but most fully by Al^-pius. The instnimental 
 signs appear to have been chosen arbitrarily ; at 
 least no law is now discoverable in them : but the 
 vocal (which were probably more ancient) follow 
 an evident order. The sounds of the middle part 
 of the scale are denoted by the letters of the Ionian 
 alphabet (attributed to Simonides) taken in their 
 natural order ; and it is remarkable that these 
 signs would be just sufficient for the sounds com- 
 prised in the six modes supposed to be the most 
 ancient, if the compass of each were an octave, and 
 they were pitched at intervals of a semitone above 
 one another. Accented or otherwise altered letters 
 are given to the higher and lower sounds. To 
 learn the system perfectly must have required con- 
 
 MUSIC (GREEK). ^ 629 
 
 siderable labour, though its difficulty has been 
 much exaggerated by some modem writers. (See 
 Bcickh, iii. 9.) A few specimens of Greek melody 
 expressed in the ancient notation have come down 
 to us. An account of them may be found in Bar- 
 ney (vol. i. p. 83), where they are given in modem 
 notes with a conjectural rhythm. The best of 
 them may also be seen in Bdckh (iii. 12) with a 
 different rhythm. It is composed to the words of 
 the first Pythian, and is supposed by Bockh to be 
 certainly genuine, and to belong to a time earlier 
 than the fifteen modes. Its merits have been very 
 variously estimated ; probably the best that can be 
 said of it is that no certain notion can now be ob- 
 tained of its real effect as anciently performed. 
 
 It has long been a matter of dispute whether 
 the ancients practised harmony, or music in parts. 
 We believe there are no sufficient grounds for sup- 
 posing that they did. The following are the facts 
 usually appealed to on each side of the question. 
 In the first place, the writers who professedly treat 
 of music make no mention whatever of such a 
 practice ; this omission constitutes such a very 
 strong prima facie evidence against it, that it must 
 have settled the question at once but for supposed 
 positive evidence from other sources on the other 
 side. It is true that /ieAoTroiia, which might have 
 been expected to hold a prominent place in a theo- 
 retical work, is dismissed very summarily ; but 
 still when the subjects which ouyht to be explain- 
 ed are enumerated, ixiXo-noiia is mentioned with as 
 much respect as any other, whilst luirmony is en- 
 tirely omitted. In fact there seems to be no Greek 
 word to express it ; for apixov'ia signifies a well or- 
 dered successimi of sounds (see Burney, i. 131), and 
 (TvfMpcovta only implies the concord between a single 
 pair of sounds, without reference to succession. 
 That the Greek musicians were acquainted with 
 crvii<pa>via is proved by many passages, though we 
 are not aware that they ever mention the concord 
 of more than two sounds. But the subject of con- 
 cord, so long as succession is not introduced, be- 
 longs rather to acoustics than to music. There is, 
 however, a passage (Arist. Prohl. xix. 18), where 
 succession of concords is mentioned : — Aia t( tJ 
 Sio ■naaiv (TviKpoivia aSerai jj.6nT\ ; fiayaSl^ovtri 
 yap TouTTjc, dWrjv Se ovSe/xiav. MayaS'i^€t;> 
 signified the singing or playing in two parts at an 
 interval of an octave ; and the word is derived from 
 fjLuyaSis, the name of a stringed instrument which 
 had sufficient compass to allow a succession of 
 octaves to be played on it. (This practice of 
 magadizing could not fail, of course, to arise as 
 soon as men and women attempted to sing the 
 same melody at once.) The obvious meaning of 
 the passage then is, that since no interval except 
 the octave could be magadized (the eflFect of any 
 other is well known to be intolerable), therefore no 
 other interval was employed at all ; implying that 
 no other kind of counterpoint than magadizing was 
 thought of. But the words are certainly capable 
 of a somewhat milder interpretation. 
 
 In the next place, the constitution of the scale 
 was, as has been seen, very unfit for harmony, the 
 beauty of which depends so essentially upon the 
 use of thirds. The true major third was either not 
 discovered or not admitted to be consonant till a 
 very late period, Ptolemy being the earliest extant 
 author who speaks of the minor tone (see Burney, 
 i. 448) ; a fact which is so extraordinarj- and so 
 contrary to all that could have been anticipated. 
 
C30 MUSIC (ROMAN). 
 
 as to destroy all confidence in any a priori reason- 
 ings on the subject, and to exclude all but actual 
 evidence on either side. The positive evidence in 
 Javour of the existence of counterpoint consists 
 chiefly in certain indications of two modes having 
 been sometimes used at once. Thus the expres- 
 sion in Horace {Epod. ix. 5), 
 
 " Sonante mistum tibiis carmen lyra 
 Hac Dorium, illis barbarum," 
 is interpreted to mean that the lyre was played in 
 the Dorian mode, and the tibiae in the Lydian; so 
 that if the aiifient Dorian and Lydian octave 
 were employed, the former being of the fourth 
 species, while the latter was of the second, and 
 pitched two tones higher, the series of intervals 
 heard would consist of fourths and major thirds, or 
 rather double tones. 
 
 Again, tliere are passages such as — 
 AloKevs fSaive Awp'iau K€\ev0ov vfjLVuv 
 (quoted from Pindar by the Scholiast on Pyth. ii. 
 127), which are supposed to indicate that poetry 
 written in one mode and sung accordingly, was ac- 
 companied by instruments in another. For a view 
 of the most that can be made of such arguments, 
 see Bockh, iii. 10. Our knowledge of the real 
 use of the modes is so very impeifect, that not 
 much reliance can be placed on them ; and at any 
 rate they would only prove the existence of a kind 
 of magadizi7ig, modified by taking scales of differ- 
 ent (instead of the same) species for the two parts, 
 so as to avoid the succession of intervals absolutely 
 the same. This would certainly be the very lowest 
 kind of counterpoint; but if anything more had 
 been practised, it would be absolutely impossible 
 to account for the utter silence of the theoretical 
 writers, which is all but fatal even to such a limit- 
 ed hypothesis. It is only necessary to add th.at 
 the influence of insiruments upon the developement 
 of the art ought to be kept in view in considering 
 this question. The Greeks had only two kinds of 
 instrumental music, auATjiris and KiOdptais. The 
 ailKos was always a pipe pierced with holes, so as 
 to have an artificial scale. The simple tube or 
 trumpet does not appear to have been used as a 
 musical instrument, so that the scale of natural har- 
 monics was probably unknown ; and this may partly 
 account for the major third escaping observation. 
 And anything like the modern system of harmony 
 could probably no more have been invented with- 
 out the assistance of keyed instruments, than the 
 Elements of Euclid could have been composed in 
 the total absence of drawing materials. For a 
 fuller account of ancient musical instruments see 
 Biickh, iii. 11. 
 
 The chief authorities on the subject of this arti- 
 cle are the " Antiquae Musicae Auctores Septem," 
 viz.: Aristoxenus, Euclid, Nicomachus, Alypius, 
 Gaudentius, Baccliius, Aristides Quintilianus, and 
 Martianus Capella, edited by Meibomius, in one 
 volume (Amsterdam, 1G52), to the pages of which 
 the preceding quotations refer ; the Hannonics of 
 Ptolemy (with an Appendix by Wallis, Op. Ma- 
 t/iemut. torn, iii.); the Dialogue of Plutarch; and 
 a section of the Aristotelic Problemata; Burney, 
 Iluiturii of Musk; ^6ck\\ de Metris Pindari; Drie- 
 berg, JMusiliulisdie Wissenscluiflen der Gnechcn ; and 
 Aufichlussc iiber die Musik der Griechen; Bode, 
 Gesch. der Lyrisch. Dichtkunst der Hellenen. (Lips. 
 1811.) [W.F.D.] 
 MUSIC (ROMAN). It may well be believed 
 
 MUSIC (ROMAN). 
 
 that in music as in the other arts, the genius of 
 Greece had left little for Romans to do, but ad- 
 mire and imitate. Yet we must not forget that 
 another element had been introduced into the arts 
 of Rome, as well as into her language and govern- 
 ment; one which was derived from Etruria, and 
 partook of an Oriental character. Every species of 
 musical instrument found on Greek works of art is 
 found also on Etruscan. No doubt the early Ro- 
 man music was rude and coarse, still from the 
 most ancient times mention is made of hymns and 
 flutes in their triumphal processions : so Servius in 
 his comitia made two whole centuries of cornieines 
 and tibicines; and the Twelve Tables allowed at 
 funerals ten players on the flute, and enjoined that 
 " the praises of great men should be sung in mourn- 
 ful songs (ne7tiae) accompanied by the flute." 
 
 The year b. c. 365 marks an era in Roman 
 music by its adaptation to theatrical amusements. 
 It is in this year we find mention of a lectisternium, 
 at which actors were first brought from Etmria, 
 who, without verses, danced in dumb show to the 
 sound of the flute. Some time later Livy (ix. 30) 
 mentions a curious tale of the desertion of certain 
 Roman flute-players, who were only brought back 
 by an amusing stratagem. We learn from Valerius 
 Maximus (ii. 5) that the Roman flute-players were 
 incorporated into a college, and Ovid {Fast. vi. GS7), 
 speaking of their ancient importance, says — 
 " Temporibus veterum tibicinis usus avorum 
 Magnus, et in magno semper honore fuit : 
 Cantabat fanis, cantabat tibia ludis, 
 Cantabat moestis tibia funeribus." 
 Nero, as Suetonius {Nero, 24) tells us, played 
 on the flute, and came in a sort of triumphal pro- 
 cession through Italy, bearing the spoils he had 
 won in 1800 musical contests. The same writer 
 informs us, that the emperor, to preserve his voice, 
 used to lie on his back with a thin plate of lead on his 
 stomach ; that he took frequent emetics and cathar- 
 tics, and at last transacted all business in writing. 
 
 There does not appear to be any trace of a Ro- 
 man musical system entirely distinct from the 
 Greek. A passage in Cicero would lead us to sup- 
 pose that the laws of contrast, of light and shade, 
 of loud and soft, of swelling and diminishing, were 
 understood by the Romans {de Orat. iii. 44), 
 and another passage from Apideius decidedly 
 proves that the Romans had instrumental music 
 distinct from their vocal ; on both of which points 
 there is no clear evidence to decide the question 
 with reference to the Greeks. Still the Roman 
 musical writers, as St. Augustin, Macrobius, Mar- 
 tianus Capella, Cassiodorus, and Boethius (all of 
 whom flourished between the fourth and sixth 
 centuries of the Christian era), did nothing to im- 
 prove the science of music, and were little more 
 than copj'ists of their Greek predecessors. The 
 great improvement which the Romans introduced 
 (rather a practical than a theoretical one) was a 
 simplification of the musical nomenclature, efi'ected 
 by rejecting the arbitrary signs in use among the 
 Greeks, and substituting for them the first fifteen 
 letters of the Roman alphabet. (Hawkins, vol. i. 
 27!).) This simplification they were enabled to 
 make by a reduction of the modes : indeed it seems 
 very probable that this complicated system had in 
 practice entirely fallen into disuse, as we know 
 that the diatonic f;emis had usurped the place of 
 the two other ^rae)Y(. [See Music (Greek).] 
 Of all Latin authors Boethius gives the most 
 
MUTUUM. 
 
 MYSTERIA. 
 
 631 
 
 profound account of the subject. His work is a 
 carrj'ing out of the old Pythagorean system, and is 
 a mere abstract speculation on the nature of music, 
 which, viewed as one of the quadriviuiii or four 
 mathematical sciences, has its foundation in num- 
 ber and proportion. A full analysis of the 
 work may be seen in Hawkins (i. p. 338). It 
 contains, 1st, an investigation into the ratios of 
 consonances ; 2nd, a treatise on several kinds of 
 proportion; 3rd, a declaration of the opinions of 
 different sects with respect to the division of the 
 monochord and the general laws of harmony. 
 
 Before this time St. Ambrose had introduced 
 the practice of antiphonal singing in the church at 
 Milan. Of the nature of the Ambrosian chant we 
 only know that it consisted in certain progressions, 
 corresponding with different species of the diapason. 
 It is described as a kind of recitation, more like 
 reading than singing. 
 
 It was by St. Gregory the Great that the octave 
 was substituted for the tetrachord as the funda- 
 mental division of the scale. The first octave he 
 denoted by capital letters A, B, C, &c., the second 
 by small letters a, b. c, &c., and when it became 
 necessary to extend the system, marked the third 
 by small letters doubled, aa, bb, &c. There is no 
 proof that the Romans, any more than the Greeks, 
 had any notation with reference to time. Where 
 vocal music was united with instrumental, the time 
 was marked by the metre of the song : the want 
 of a notation of time would make us doubt whether 
 any but a very simple style of merely instrumental 
 music prevailed among them. (Hawkins's History 
 of Music, vol i. ; BuTney''s Histori/ of Music, Yol. i.) 
 
 For a general account of ancient music the 
 reader is referred to the previous article. [B. J.] 
 MUSI'VUM OPUS. [House (Roman), p. 
 499.] 
 
 MT'STAI. [Eleusinia.] 
 
 MrSTAa, moustaches. The different parts of 
 the beard [Barba] had different names, which 
 also varied with its age and appearance. The 
 young beard, first appearing on the upper lip, was 
 called vtrqi/n, or iwrii/ri irpturr) (Diod. Sic. v. 28 ; 
 Philostr. Sen. Iin. i. 30 ; ii. 7. 9), and the youth 
 just arrived at puberty, who was graced with it, 
 was vpoirov virrivriTris. (Hom. //. xxiv. 348 ; Od. 
 X. 279 ; Schol. in loc. ; Brunck, Atial. iii. 44 ; 
 Aelian, V. H. x. 18; Plat. Protag.) By its 
 growtli and developement it produced the mous- 
 taches, which the Greeks generally cherished as a 
 manly ornament. (Theocrit. xiv. 4 ; Antiphanes 
 ap. Ailien. iv. 21 ; Pollux, ii. 80 ; x. 120.) To 
 this practice, however, there seems to have been one 
 exception. The Spartan Ephori, when they were 
 inducted, made a proclamation requiring the peo- 
 ple " to shave their moustaches and obey the 
 laws." For what reason they gave the fonner 
 command does not appear. (Plut. rfe Sera Num. 
 Vind. p. 976. ed. Stcph. ; Proclus in lies. Op. ct 
 Dies, 722 ; MuUer, Dor. iii. 7. § 7 ; iv. 2. § 5 ; 
 Becker, C/mri/des, ii. p. 391.) [J. Y.] 
 
 MUTATIO'NES. [Mansio.] 
 
 MU'TUUM. The Mutui datio is mentioned 
 by Gains as an instance of an obligatio " quae re 
 contrahitur." It exists when things " quae pon- 
 dere numero mensurave constant," as coined money, 
 ivine, oil, corn, aes, silver, gold, are given by 
 one man to another so as to become his, but on 
 the condition that other things of a like kind shall 
 be returned. If the condition is that the same 
 
 I thing shall be returned, it is not Mutuum. [Com- 
 I MODATUM.] Inasmuch as the thing was in this 
 j case so given as to become the property of the 
 I receiver, the Roman jurists were led to the ab- 
 surdity of saying that mutuum was so called for 
 this reason {ijuod ex meo tuum fit). This contract 
 was the foundation of a Certi condictio to the 
 lender, provided he was the owner of the things, 
 and had the power of alienation : otherwise he 
 had no action till the things were consumed. If 
 the borrower lost the things by any accident as fire, 
 shipwreck, &c., he was still bound : the reason of 
 which clearly was, that by the Mutui datio the 
 things became his own. The lender could have no 
 interest from the borrower, unless interest had been 
 agreed on, or unless there was delay in returning 
 the thing. The borrowing by way of Mutuum, 
 and at interest are opposed by Plautus {Asin. i. 3, 
 95). The Senatusconsultum Macedonianum did 
 not allow a right of action to a lender against a 
 filiusfamilias to whom he had given money 
 "mutua," even after the death of the father. (Gaius, 
 iii. 90; Dig. 12. tit. 1. De Rehus Creditis.) [G.L.] 
 MYSTE'RIA. As each m3'stery or mystic 
 festival is described in a separate article, a few 
 general observations will only be reqidred under 
 this head. The names by which they were de- 
 signated in Greece, are ixvar-Zipia, reKerai, and 
 opyia. The name opyia (from fopya) originally 
 signified only sacrifices accompanied by certain 
 ceremonies, but it was afterwards applied especially 
 to the ceremonies observed in the worship of Dio- 
 nysus, and at a still later period to mysteries in 
 general. (Lobeck, Aglaopliam. i. p. 30,5.) TeA.€T7| 
 signifies in general a religious festival (Aristot. 
 Rluit. ii. 24 ; Pind. Neni. x. 63), but more particu- 
 larly a lustration or ceremony perfoi-med in order 
 to avert some calamity either public or private. 
 (Plato, de Rep. ii. p. 264. E.) Mvar/ipiov signifies, 
 properly speaking, the secret part of the worship, 
 but it was also used in the same sense as reAerr;, 
 and for mystic worship in general. 
 
 Mysteries in general may be defined as sacrifices 
 and ceremonies which took place at night or in 
 secret within some sanctuary, which the uninitiated 
 were not allowed to enter. What was essential 
 to them, were objects of worship, sacred utensils, 
 and traditions with their interpretation, which were 
 withheld from all persons not initiated. We must 
 however distinguish between mysteries properly so 
 called, that is, such in which no one was allowed 
 to partake unless he had undergone a formal initia- 
 tion, and the mystic ceremonies of certain festivals, 
 the performance of which, though confined to par- 
 ticular classes of persons, or to a particular sex, yet 
 did not require a regular initiation. Our attention 
 in this article ^viU be confined to the mysteries 
 properly so called. 
 
 It appears to have been the desire of all nations 
 of antiquity to withhold certain parts of their re- 
 ligious worship from the eyes of the multitude in 
 order to render them the more venerable. (Strabo, 
 p. 717.) But that the ancient mysteries were 
 nothing but impositions of priests, who pla3'ed upon 
 the superstitious and ignorant, is an opinion, which, 
 although entertained by Lirabui'g-IJrouwer, the 
 latest writer on the subject {Histoire de la Civilisa- 
 tion Morale ct Relii/. des (Jrecs, torn. iv. p. 199), 
 certainly cannot satisfy those who are accustomed 
 to seek a more solid and vital principle in all re- 
 ligious institutions that have ever had any lasting 
 
632 
 
 MYSTERIA. 
 
 NAVARCHUS. 
 
 influence upon mankind. The persons united 
 and initiated to celebrate the mysteries in Greece 
 were neither all priests, nor did they belong to the 
 ignorant and superstitious classes of society, but 
 they were on the contrary frequently the most dis- 
 tinguished statesmen and philosophers. It has 
 been remarked under Eleusinia (p. 374) that it 
 is far more probable that the mysteries in the vari- 
 ous parts of Greece were remains of the ancient j 
 Pelasgian religion. The associations of persons for 
 the purpose of celebrating them must therefore 
 have been formed at the time when the over- 
 whelming influence of the Hellenic religion began 
 to gain the upper hand in Greece, and when per- 
 sons who stiU entertained a reverence for the wor- 
 ship of former times, united together with the in- 
 tention of presendng and upholding among them- 
 selves, as much as possible of the religion of their 
 forefathers. It is natural enough that they formed 
 themselves for this purpose into societies, analogous 
 to the brotherhoods in the church of Rome (Por- 
 phyr. de Abstin. iv. 5), and endeavoured to preserve 
 against the profanation of the midtitude that which 
 was most dear to them. Hence the secrecy of all 
 the Greek mysteries, and hence the fact that the 
 Greek mysteries were almost invariably connected 
 with the worsliip of the old Pelasgian divinities. 
 The time when mysteries were established as such, 
 must have been after the great changes and dis- 
 turbances produced by the Dorian migration, 
 although tradition referred their institution to 
 Orpheus, the Curetes, the Idaean Dactyles, Dio- 
 nysus, &c., who belong to a much earlier period. 
 These traditions, however, may in so far be re- 
 garded as true, as the mysteries were only a con- 
 tinuation and propagation of the ancient religion. 
 It must, however, be admitted that in subsequent 
 times new elements were added to the mysteries 
 which were originally foreign to them. The de- 
 velopment of philosophy, and more especially the 
 intercourse with the East and with EgA'pt, appear 
 to have exercised a considerable influence upon 
 their character. 
 
 The most celebrated mysteries in Greece were 
 those of Samothrace and Eleusis. [KABEI'PIA, 
 Eleusinia.] But several other places and divini- 
 ties had their peculiar mysteries, e. c/. the island of 
 Crete those of Zeus (Strabo, p. 718; Athen. ix. 
 18); Argolis those of Hera (Pans. ii. 38. § "2); 
 Athens those of Athena and Dionysus (Plut. Ah-ib. 
 34; Dionvsia); Arcadia those of Artemis (Pans, 
 viii. 23. § 3); Aegina those of Hecate. (Paus. ii. 
 30. § 2.) But not only the worship of the great 
 gods, but also that of some ancient heroes was con- 
 nected with mvsteries. (Paus. iv. 34. § 6 ; ii. 1 ; 
 ii. 30. § 5 ; Herod, v. 83.) 
 
 The benefits which the initiated hoped to obtain 
 were security against the vicissitudes of fortune, 
 and protection from dangers both in this life and 
 in the life to come. The principal part of the ini- 
 tiation, and that which was thought to be most 
 efficacious in producing the desired effects, were 
 the lustrations and purifications whence the mys- 
 teries themselves are sometimes called KaBdpata or 
 KaBapfioi. 
 
 Offences against and violations of the mysteries 
 were at Athens under the jurisdiction of the archon 
 king, and the court in such cases only consisted of 
 persons who were themselves initiated (^te^uTj^ne- 
 voi), and were selected from the heliastae for the 
 purpose. (Pollux, viii. 141.) Even in cases which 
 
 were brought before an ordinary court, the judges 
 were only initiated persons, if the case had any 
 connection with the mysteries. (Andocid. de Myst. 
 p. 14.) That no one but the initiated might hear 
 the transactions in such a case, the court was sur- 
 rounded by public slaves to keep all profane per- 
 sons at a distance. (Pollux, viii. 123.) 
 
 The Roman religion had no such mysteries as 
 that of the Greeks, but only mystic rites and cere- 
 monies connected with the celebration of certain 
 festivals. The Bacchanalia were of foreign origin, 
 and of short duration. [Dion'YSIA.] 
 
 A very full account of the Greek mysteries is 
 given by Limburg-Brouwer, Hist, de la Civilisat. 
 Moi: ei Rtlig. des Grecs. torn. iv. p. 180 — 415, 
 and chapter xxvi. of the same work contains a use- 
 ful survey of the various opinions upon the subject 
 which have been entertained by modern scholars 
 and philosophers. [L. S.] 
 
 MYSTRUM (iJ-vcTTpov), a Greek liquid mea- 
 sure, of which there were two sizes, called the 
 large and small mystrum. The small, which was 
 the more common of the two, was of the cotyla, 
 and ^ of the cyathus, and therefore contained 
 •0208 of an English pint. (Galen, Fray. c. 15.) 
 Galen adds that the smaller mystrum contained 2-i 
 drachms, that the larger was -^a of the cotyla, and 
 contained 3g- drachms ; but that the most exact 
 mystrum (to SiKaiSraTov fivarpov) held 8 scruples, 
 that is, 2f drachms. According to this, the small 
 mystrum would be -f of the larger. But in the 
 13th chapter of the same fragment he makes the 
 large mystrum iz -g- of the cotjda and the small 
 mystrum i of the large. In c. 4 he makes the 
 large mystnim — 3 oxybapha, and the smaller l-J-. 
 Cleopatra makes the large ~ of the cotyla, the 
 smaU=^. (Warm, de Pond. p. 130.) [P. S.] 
 
 N. 
 
 NAE'NIA. [FuNus, p. 439.] 
 NATALI'TII LUDI. [Lum Natalitii.] 
 NATA'LIBUS RESTITU'TIO. [Ingbnui.] 
 NATA'TIO, NATATO'RIUM. [Baths, p. 
 138.] 
 
 NAVA'LIA were docks at Rome where ships 
 were buUt, laid up, and refitted. They were at- 
 tached to the emporium outside of the Porta 
 Trigemina, and were connected with the Tiber. 
 (Liv. XXXV. 10; xl. 51 ; xlv. 2.) The emporium 
 and navalia were first included within the walls of 
 the city by Aurelian. (Vopisc. Aun-l. 21.) 
 
 The docks (vewiToiKoi or vewpia) in the Peiraeeus 
 at Athens cost 1000 talents, and having been 
 destroyed in the anarchy by the contractors for 
 three talents, were again restored and finally com- 
 pleted by L3'curgus. {liocr. Areopufj. 25; Biickh, 
 Piibl. Econ. ii. § 10.) They were under the super- 
 intendence of regular officers called tTri/xeArjral 
 T£uv Viwpiwv. ['EniMEAHTAl', 5.] 
 
 NAVA'LIS CORO'NA. [Corona, p. 288.] 
 
 NAVARCHUS {vavapxos) is the name by 
 which the Greeks designated both the captain of a 
 single ship, and the admiral of a fleet. The office 
 itself was called vavapx'"-. The admiral of the 
 Athenian fleet was always one of the ten generals 
 (^<jTpaTi}yoi) elected every year, and he had either 
 the whole or the chief command of the fleet. (Plut. 
 The.mist. 18.) The chief officers who served under 
 him were the trierarchs and the pentecontarchs, 
 
NATKPAPI'A. 
 
 NAUMACHIA. 
 
 633 
 
 each of whom commanded one vessel ; the inferior 
 officers in the vessels were the KvSepi/ijTai or 
 helmsmen, the /ccAeuirToi or commanders of the 
 rowers, and the irpaiparai who must have been em- 
 ployed at the prow of the vessels. (Xenoph. de Rc- 
 jnihl. Ath. 1, 2. -20 ; compare STPATHfO'S.) 
 
 Other Greek states who kept a navy had like- 
 \\ ise their navarchs. A Spartan navarchus is 
 mentioned by Xenophon {Ildtcii. ii. 1. § 7), and 
 under him served an otticer called eiritrroAcus. 
 (Pollux, i. 96 ; Sturz, Lex. Xeiioph. ii. p. 321.) 
 The navarchia of Sparta however was an innova- 
 tion of later times, when the Spartans had acquired 
 a fleet and possessions in foreign countries. The 
 otiice was distinct from that of the kings, and 
 Aristotle [Polit. ii. 6. p. 69. ed. Guttling) calls it 
 (TxeSov €Te/)a ^aaiKtla. (See Weber, De Gijtlieo 
 et Lacedaeniujiiorum reb. Navalib. p. 73, &c.) 
 
 The navarchus in Rhodes seems to have been 
 their chief military officer. We find him autho- 
 rized to conclude treaties with foreign nations 
 (Polyb. xvii. 1), and sent on embassies in the name 
 of the republic. (Polyb. xxx. 8 ; Liv. xlv. 25.) 
 
 [L. S.] 
 
 NATKPAPI'A is the name of a division of the 
 inhabitants of Attica. The four Attic phylae were 
 each divided into three phratries, and each of these 
 twelve phratries into four naucraries, of which 
 there were thus forty-eight. This division is 
 ascribed to Solon (Photius, s. v. NavKpapla), but 
 Herodotus (v. 71) in relating the insurrection of 
 Cylon mentions magistrates at Athens called 
 irpurdvis tup vavKpdpuu, so that the naucraries 
 must have existed long before Solon. There is, 
 however, some difficulty connected with this pas- 
 sage of Herodotus, inasmuch as Tliucydides (i. 
 126) in relating the same event mentions the nine 
 archons instead of the prytanes of the naucraries. 
 Wachsmuth (IMieii. Alt. i. 1. p. 246) endeavours 
 very ingeniously to reconcile Herodotus and 
 Thucydides, by supposing that the prytanes of the 
 naucraries were the same as the trittyarchs, the 
 assessors of the first archon, and were thus identi- 
 fied by Thucydides with the archons themselves. 
 What the naucraries were previous to the legisla- 
 tion of Solon is not stated anj-where, but it is not 
 improbable that they were political divisions 
 similar to the denies in the constitution of Cleis- 
 thenes, and were made perhaps at the time of the 
 institution of the nine archons for the purpose of 
 regulating the liturgies, taxes, or financial and 
 military affairs in general. (Bockh, PiiU. Econ. ii. 
 § 21.) Tittmann {CIrkch. StaaUv. p. 269) more- 
 over supposes with some probability, tluit they 
 were, like the domes of Attica, local divisions. 
 Hence the grammarians inform" us that vavKpapos, 
 or the chief officer of every naucrary, was the same 
 as the demarch. At any rate, however, the nau- 
 craries before the time of Solon can have had no 
 connection with the navy, for the Athenians then 
 had no navy, and the word vavKpapos cannot be 
 derived from vau's, a ship, but from vaia, and 
 vavKpapos is only another form for vavKA.t}pos in 
 the sense of a householder, as vavKov was used for 
 the rent of a house. (Pollux, x. 20 ; Wachsmuth, 
 Hellen. Alt. i. 1. p. 239 ; Thirlwall, Hist, of (Jr. 
 ii. p. 52.) 
 
 Solon in his legislation thus only retained the 
 old institution of the naucraries. His innovation 
 probably was that he charged each of them with 
 the equipment of one trireme and with the mount- 
 
 ing of two horsemen. (Pollux, viii. 108.) All 
 military affairs, as far as regards the defraying of 
 expenses, probably continued as before to be regu- 
 lated according to naucraries. Cleisthenes in his 
 change of the Solonian constitution retained the 
 division into naucraries for military and financial 
 purposes (Phot. /. f.), but he increased their num- 
 ber to fifty, making five of each of his ten tribes, 
 so tliat now the number of their ships was in- 
 creased from forty-eight to fifty, and that of horse- 
 men from ninety-six to one hundred. The state- 
 ment of Herodotus (vi. 89) that the Athenians in 
 their war against Aegina had only fifty ships of 
 their own, is thus perfectly in accordance with the 
 fifty naucraries of Cleisthenes. The functions of 
 the former vauKpapoi, as the heads of their respective 
 naucraries, were now transferred to the demarchs. 
 [Demarchi.] (Harpocrat. «.■!!. ATjjuapxos-) The 
 obligation of each naucrary to equip a ship of war 
 for tlie service of the republic may be regarded as 
 the first form of trierarchy. (Lex. Rhetor, p. 283.) 
 As tlie system of trierarchy became developed and 
 established, this obligation of the naucraries ap- 
 pears to have gradually ceased and to have fallen 
 into disuse. (Compare TiiiERAiit HiA.) [L. S.] 
 
 NA^KPAPO^. [NATKPAPI'A.] 
 
 NAVES. [Ships.] 
 
 NAUjMA'CHIA was the name given to the re- 
 presentation of a sea-fight among the Romans, and 
 also to the place where such engagements took 
 place. These fights were sometimes exhibited in 
 tlie Circus or Amphitheatre, sufficient water being 
 introduced to float ships, but more generally in 
 buildings especially devoted to this purpose. The 
 first representation of a sea-fight on an extensive 
 scale was exhibited by Julius Caesar, who caused 
 a lake to be dug for the purpose in a part of the 
 Campus Martius, called by Suetonius the " Lesser 
 Codeta" (Dion Cass, xliii. 23; Suet. Jul. C'aes. 
 39) ; this lake was afterwards filled up in the time 
 of Augustus on account of the malaria arising from 
 the stagnant water in it. (Dion Cass. xlv. 17.) 
 Augustus also dug a lake (stai/rium) near the Tiber 
 for the same purpose, and planted around it a grove 
 of trees (nemus). (Suet. Aikj. 43; Tacit. Ann. xii. 
 56 ; xiv. 15.) This nauniachia was the first per- 
 manent one ; it continued to be used after others 
 had been made, and was subsequently called the 
 " vetus nauniachia." (Suet. Tit. 7 ; Dion Cass. 
 Ixvi. 25 ; Ernesti ad Suet. Tib. 72.) Claudius ex- 
 hibited a magnificent sea-fight on the lake Fucinus. 
 (Tacit. Ann. xii. 56 ; Suet. Claud. 21 ; Dion Cass. 
 Ix. 33.) Nero appears to have preferred the am- 
 phitheatre for these exhibitions. (Dion Cass. Ixi. 
 9 ; Ixii. 15.) Domitian made a new naumachia, 
 and erected a building of stone around it, in which 
 the spectators might sit to see the engagement. 
 (Dion Cass. Ixvi. 8 ; Suet. Dom. 4, 5.) Representa- 
 tions of nauniachiae are sometimes given on the 
 coins of the emperors. (Schefi'er, de Militia Navali, 
 iii. 2. p. 189. 191.) 
 
 'The combatants in these sea-fights, called Nau- 
 machiarii (Suet. Claud. 21), were usually captives 
 (Dion Cass, xlviii. 19) or criminals condemned to 
 death (Dion Cass. Ix. 33), who fought as in gladia- 
 torial combats, until one party was killed, unless 
 preserved by the clemency of the emperor. The 
 ships engaged in the sea-fights were divided into 
 two parties, called respectively by the names of 
 different maritime nations, as Tyrians and Egyp- 
 tians (Suet. Jul. 31), Rhodians and Sicilians (Suet. 
 
634 
 
 NAYTOAI'KAI. 
 
 NEBRIS. 
 
 Claud. 21 ; Dion Cass. Ix. 33), Persians and 
 Athenians (Dion Cass. Ixi. 9), Corcyraeans and 
 Corinthians, Athenians and Syracusans, &c. (Id. 
 Ixvi. 25.) These sea-fights were exhibited with 
 the same magnificence and lavish expenditure of 
 human life as characterised the gladiatorial combats 
 and other public games of the Romans. In Nero's 
 naumachia there were sea-monsters swimming 
 about in the artificial lake (Suet. Nero, 12; Dion 
 Cass. Ixi. 9), and Claudius had a silver triton 
 placed in the middle of the lake Fucinus, who was 
 made by machinery to give the signal for attack 
 with a trumpet. (Suet. Claud. 21.) Troops of 
 Nereids were also represented swimming about. 
 (Martial, de Sped. 26.) In the sea-fight exhibited 
 by Titus there were 3000 men engaged (Dion Cass. 
 Ixvi. 25), and in that exhibited by Domitian the 
 ships were almost equal in number to two real 
 fleets {paeyie juslae classes. Suet. Dont. 4). In the 
 battle on the lake Fucinus there were 19,000 com- 
 batants (Tacit. Ann. xii. 56), and fifty ships on 
 each side. (Dion Cass. Ix. 33.) 
 
 NAUTA. [ExERciTORiA Actio.] 
 NATTIKO'N. [Interest of Money, p. 524.] 
 NATTOAI'KAI, are called dpxa'i or magistrates 
 by most of the ancient grammarians (Harpocrat. 
 Suidas, Lex. Rhet. s. v. NauroSI/cai), while a few 
 others call them SiKaara'i. (Ilesych. s. i\) The 
 concurrent authority of most of them, together with 
 a passage of Lysias {dc Pecuti. Putil. p. 189. 
 Bremi), the only Attic orator who mentions the 
 nautodicae, render it more than probable that they 
 were a magistracy. This can be the less doubtful 
 as the words Si/cafeij' and OMaar/is are sometimes 
 used of magistrates in their capacity of ^laayuyus. 
 (Meier, Att.Proc. p. 28 ; see 'EISAmrErS.) AU 
 testimonies of the ancients however agree that the 
 nautodicae had the jurisdiction in matters belong- 
 ing to navigation and commerce, and in matters 
 concerning such persons as had entered their names 
 as members of a phratria without both their parents 
 being citizens of Athens, or in other words, in the 
 SiVai eixirSpiav and SiVai ^fvtas. The time when 
 nautodicae were first instituted is not mentioned, 
 but the fact that they had the jurisdiction in cases 
 where a person had assumed the rights of a phrator 
 without his father and mother being citizens, shows 
 that their institution must belong to a time when it 
 was sufficient for a man to be a citizen if only his 
 father was a citizen, whatever his mother might be, 
 that is, previous to the time of Pericles (Plut. Pericl. 
 37 ; compare Civitas, p. 235), and perhaps as 
 o<arly as the time of Cleisthenes. The n.autodicae 
 were appointed every year by lot in the month of 
 CJamelion, and probably attended to the SiVai 
 ifi-nSpuiv only during the winter, when navigation 
 ceased, whereas the 5//cai i^tvias might be brought 
 before them all the year round. 
 
 It is a well known fact that the two actions 
 (Si/cai ifjLTT6ptav and Si'koi |ei'i'ay) which we have 
 here assigned to the nautodicae, belonged, at least 
 at one time, to the thesmothetae. (Meier, Alt. 
 Proc. p. 64, &c.) Several modem writers such as 
 Biickh, Baumstark, and others, have therefore 
 been led to suppose that all the grammarians who 
 caU the nautodicae apx"' •i'''^ mistaken, and that 
 the nautodicae were not elaayctrytis in the cases 
 above mentioned, but hiKaarai. But this mode of 
 settling the question does not appear to us to be as 
 satisfiictory as that adopted by Meier and Schci- 
 mann. {Ait. Pruc. p. 85, &c.) In aU the speeches | 
 
 of Demosthenes no trace occurs of the nautodicae, 
 and in the oration against Lacritus (p. 940), where 
 all the authorities are mentioned before whom such 
 a case as that of Lacritus might be brought, the 
 orator could scarcely have failed to mention the 
 nautodicae, if they had stiU existed at the time. 
 It is therefore natural to suppose that the Si'/foi 
 ifiTrSpwv at the time of Philip of Macedonia, when 
 they became Si'koi e/u^ciTjroi ["EMMHNOI AI'KAI], 
 were taken from the nautodicae and transferred to 
 the thesmothetae. And as the republic could not 
 now think it any longer necessary to continue the 
 oifice of nautodicae, merely on account of the S'tKai 
 ^ei'ias, these latter were likewise transferred to the 
 thesmothetae, and the office of the nautodicae was 
 abolished. The whole period during which nauto- 
 dicae existed at Athens would thus comprehend 
 the time from the legislation of Cleisthenes or soon 
 after, to Philip of Macedonia. One difficulty how- 
 ever yet remains, for nautodicae are mentioned by 
 Lucian (ii. p. 203. ed. Bip.) in a dialogue which 
 the author represents as having taken place after 
 the death of Alexander. Those who are unwilling 
 to believe that Lucian here, as in other places, has 
 been guilty of an anachronism, must suppose that 
 the nautodicae were after their abolition restored 
 for a time, of which however there is no other evi- 
 dence. (Compare Biickh, Publ. Econ. i. § 9 ; Baum- 
 stark, De Curaiorihus Emporii et Nautodids apud 
 Athcnienses, p. 65 — 78.) [L. S.] 
 
 NEBRIS, a fawn's skin (from v(Sp6s, a fawn; 
 see Aegis), worn originally by hunters and others 
 as an appropriate part of their dress, and after- 
 wards attributed to Bacchus (Eurip. Bacc. 99. 125. 
 157. 790. ed. Matt; Aristoph. Ranae, 1209; 
 Dionys. Pcrieg. 702. 946 ; Rufus Festus Avion. 
 1129), and consequently assumed by his votaries 
 in the processions and ceremonies which they ob- 
 served in honour of him. (Seneca, Oedip. ii. 436 ; 
 Brunck, Anal. i. 483.) [Dionysia, p. 341. 343.] 
 The annexed woodcut, taken from Sir Wm. Hamil- 
 ton's Vases (i. 37), shows a priestess of Bacchus in 
 the attitude of offering a nebris to him or to one of 
 
NEMEAN GAMES. 
 
 NEMEAN GAMES. 635 
 
 his ministers. The works of ancient art often 
 show it as worn not only by male and female bac- 
 cTianals, but also by Pans and Satyrs. It was 
 conmionly put on in the same manner as the aegis, 
 or goat-skin, by tying the two fore legs over the 
 right shoulder so as to allow the body of the skin 
 to cover the left side of the wearer. (Ovid. Met. \i. 
 593.) In the Dionysiac processions the fawn's 
 skin worn by the god, besides its natural spots 
 which were greatly admired, was enriched with 
 gems. (Claud, de iv cons. Honor. 605.) [J. Y.] 
 NEKPO'AEinNON. [FuNus, p. 438.] 
 NEKPOe.VnXAI. [FuNUS, p. 439.] 
 NEKT'SIA. [FuNUS, p. 438.] 
 NEFASTI DIES. [Dies, p. 340.] 
 NEGATI'VA, NEGATO'RIA ACTIO. [Con- 
 FESSORIA Actio.] 
 
 NEGOTIO'RUM GESTO'RUM A'CTIO. 
 This was an action which a man might have 
 against another who had managed his aifairs for 
 liim in his absence, without being commissioned to 
 do so (sine jnandato). The action was not founded 
 either on contract or delict, but was allowed for 
 convenience' sake (utilitatis causa). The person 
 whose business was transacted by another, and the 
 person who transacted the business, might severally 
 have an action against one another in respect of 
 that which " ex bona fide alterum alteri praestare 
 oportet." The action of the self-constituted agent 
 was sometimes called Contraria, by analogy to simi- 
 lar actions in other cases. He was bound to make 
 good any loss that was incurred during his admi- 
 nistration by dolus or culpa, and in some instances 
 even loss that had been incurred by casus. On 
 the other hand, he had his action for all expenses 
 properly incurred, and in some cases, even if the 
 result was unfortunate to the absent person ; as if 
 he paid for medical attendance on a sick slave, and 
 the slave died notwithstanding all his care : but 
 various difficulties might easily be suggested as to 
 such cases as these (Dig. 3. tit. 5. s. 10), and the 
 rule must be qualified by the condition of the tiling 
 undertaken being a thing profitable (to the owner) 
 to be undertaken, though the result might be un- 
 profitable. 
 
 (Dig. 44. tit. 7. s. 5 ; Dig. 3. tit. 5. DeNegotiis 
 
 a,s/is.) [G. L.] 
 
 NEMEAN GAMES (feVea, fe/ieia, or vejuaTa), 
 one of the four great national festivals of the Greeks. 
 It was held at Nemea, a place near Cleonae in 
 Argolis. The various legends respecting its origin 
 are related in the argumenta of the Scholiasts to 
 the Nemea of Pindar, with which may be compared 
 Pausanias (ii. IS. § 2, &c.), and ApoUodorus (iii. 
 6. §4). All these legends, however, agree in stating 
 that the Nemea were originally instituted by the 
 Seven against Thebes in commemoration of the 
 death of Opheltes, afterwards called Archemorus. 
 When the Seven arrived at Nemea, and were very 
 thirsty, they met Hypsipyle, who was carrying 
 Opheltes, the child of the priest of Zeus and of 
 Eurydice. While she showed to the heroes the 
 way to the nearest well, she left the child behind 
 lying in a meadow, which during her absence was 
 killed by a dragon. When the Seven on their 
 return saw the accident, they slew the dragon 
 and instituted funeral games {dydiv iimdcpLOs) to 
 be held every third year {rpieTiijpiKos). Other 
 legends attribute the institution of the Nemean 
 games to Heracles, after he had slain the Nemean 
 lion ; but the more genuine tradition was that he 
 
 had either revived the ancient games, or at least 
 introduced the alteration by which they were from 
 this time celebrated in honour of Zeus. That Zeus 
 was the god in honour of whom the games were 
 afterwards celebrated is stated by Pindar (Nem. 
 iii. 114, &c.). The games were at first of a war- 
 like character, and only warriors and their sons 
 were allowed to take part in them ; subsequently, 
 however, they were thrown open to all the Greeks 
 (STt/ioTiKOV irATjflos crvveSpa/xf). The games took 
 place in a grove between Cleonae and Phlius. 
 (Strabo, viii. 6. p. 210. ed. Tauclmitz.) The va- 
 rious games, according to the enumeration of 
 ApoUodorus (/. c), were horse-racing, running in 
 armour in the stadium (Pans. ii. 15. § 2), wrest- 
 ling, chariot-racing and discus, boxing, throwing 
 the spear and shooting with the bow, to which we 
 may add musical contests. (Paus. viii. 50. § 3 ; 
 Plut. PJiilo]). 11.) The Scholiasts on Pindar de- 
 scribe the agon very imperfectly as Ittkikos and 
 yvfiviKos. The prize given to the victors was at 
 first a chaplet of olive-branches, but afterwards a 
 chaplet of green parsley. AVhen this alteration 
 was introduced is not certain, though it may be in- 
 ferred from an expression of Pindar {Nem. vi.71), 
 who calls the parsley (aeKivov) the ^orava \e6vros, 
 that the new prize was believed to have been in- 
 troduced by Heracles. The presidency at these 
 games and the management of them belonged at 
 different times to Cleonae, Corinth, and Argos, and 
 from the first of these places they are sometimes 
 called aydv KAetuvaios. The judges who awarded 
 the prizes were dressed in black robes, and an in- 
 stance of their justice, when the Argives presided, 
 is recorded by Pausanias (viii. 40. § 3). 
 
 Respecting the time at which the Nemean 
 games were held, the Scholiast on Pindar (^n/am. 
 ad Nem.) merely states that they were held on the 
 12th of the month of Panemus, though in another 
 passage he makes a statement which upsets this 
 assertion. Pausanias (ii. 15. § 2) spejiks of winter 
 Nemea, and manifestly distinguishes them from 
 others which were held in summer. It seems that 
 for a time the celebration of the Nemea was ne- 
 glected, and that they were revived in 01. 53. 2, 
 from which time Eusebius dates the first Nemead. 
 Henceforth it is certain that they were for a 
 long time celebrated regidarly twice in every 
 Olympiad, viz. at the commencement of every 
 second Olympic year in the winter, and soon 
 after the commencement of every fourth Olympic 
 year in the summer. This has been shown by 
 Bockh in an essay Tiber die Zeiiverh'dltnisse der 
 Demosth. Rede geycn Midias, in the transactions of 
 the Berlin Acad. 1818, 1819. Hislor. Philol. 
 Klasse, p. 92, &c. ; compare Ideler, Handb. tier 
 Clironol. ii. p. 606, &c. About the time of the 
 battle of Marathon it became customary in Argolis 
 to reckon according to Nemeads. 
 
 In 208 B. c. Philip of Macedonia was honoured 
 by the Argives with the presidency at the Nemean 
 games (Liv. xxvii. 30, &c. ; Polyb. x. 26), and 
 Quinctius Flaminius proclaimed at the Nemea the 
 freedom of the Argives. (Liv. xxxiv. 41; Polyb. 
 X. 26.) The emperor Hadrian restored the horse- 
 racing of boys at the Nemea, which had fallen into 
 disuse. But after his time they do not seem to 
 have been much longer celebrated, as they are no 
 longer mentioned by any of the writers of the sub- 
 sequent period. (See Villoison, Hisloire dc 
 PAcad. des Inscript. et Bell. Lett. vol. xxxviii. 
 
636 
 
 NEXUM. 
 
 NEXUM 
 
 p. 2!), &c.; Schumann, Plularchi A(/is et Cleomenes, 
 &c. § X.) [L. S.] 
 
 NE'NIA. [FuNus, p. 439.] 
 
 NEnKO'POI. [Aeditui.] 
 
 NEOAAMn'AEIS. [Ci VITAS (Greek), p. 236 ; 
 Helotes, p. 471.] 
 
 NEn'PIA, NEn'20IKOI. [Navalia.] 
 
 NEPTUNA'LIA, a festival of Neptune, cele- 
 brated at Rome, of which very little is known. 
 ( Varro, de Liny. Lett. v. p. 56. Bipont.) The day 
 on which it was held, was probably the 23d of 
 July. In the ancient ealendaria this day is mark- 
 ed as Nepi. lutli et ferine, or Nepi. hidi, from which 
 we see that the festival was celebrated with games. 
 Respecting the ceremonies of this festival nothing 
 is known, except that the people used to build 
 huts of branches and foliage {umbrae, Fest. s. v. 
 Umbrae), in which they probably feasted, drank, 
 and amused themselves. (Herat. Carm. iii. 28. 1, 
 &c. ; TertuU. Be Sped. 6.) [L. S.] 
 
 NEXI. [Nexum.] 
 
 NEXUM is defined by Manilius to be " omne 
 quod per libram et aes geritur, in quo sint Man- 
 cipi." Mucius Scaevola has a different definition : 
 " quae per aes et libram fiant ut obligentur, prae- 
 terquam quae mancipio dentur." Varro (de Ling. 
 Lal.Vi. 5), who has preserved both these definitions, 
 prefers the latter, as being consistent with the 
 etymology of the word : " quod obligatur per 
 libram, neque suum sit, inde Nexura dicitur." As 
 an illustration he adds : " Liber qui suas operas in 
 servitutem pro pecunia quam debeat dat, dum 
 Bolveret, nexus vocatur, ut ab acre obaeratus." 
 The difference in these definitions arises solely 
 from the different aspect under which the Nexum 
 is viewed. Every Nexum was in the form of a 
 sale, and consequently, viewed as to its formal 
 part, Nexum comprehended Mancipium. The 
 Testamenti factio was also included under Nexum. 
 Viewed as to its object and legal effect, Nexum 
 was either the transfer of the ownership of a thing, 
 or the transfer of a thing to a creditor as a secu- 
 rity : accordingly in one sense Nexum included 
 Mancipium, as explained in Mancipium ; in an- 
 other sense, Mancipium and Nexum are opposed 
 in the same way in which Sale and Mortgage or 
 Pledge are opposed. The formal part of both 
 transactions consisted in a transfer per aes et 
 libram. This explanation is consistent with the 
 definitions of the jurists, and the uses of these two 
 words. 
 
 The person who became Nexus by the effect of 
 a Nexum or Nexus (for this form of the word also 
 is used) was said Nexum inire. (Liv. vii. 19.) 
 The phrases Nexi datio, Nexi liberatio respectively 
 express the contracting and the release from the 
 obligation. 
 
 The Roman law as to the payment of borrowed 
 money (pecimia eerta credita; see Lex Gall. Cisalp. 
 21, 22) was very strict. A curious passage of 
 Gellius (xx. 1) gives us the ancient mode of legal 
 procedure in the ease of debt, as fixed by the 
 Twelve Tables. If the debtor admitted the debt, 
 or had been condemned in the amount of the debt 
 by a judex, he had thirty days allowed him for 
 payment. At the expiration of this time, he was 
 liable to the Manus Injectio [Manus In.iectio], 
 and ultimately to be assigned over to the creditor 
 {addictus) by the sentence of the praetor. The 
 creditor was required to keep him for sixty days 
 in chains, during which time he publicly exposed 
 
 the debtor on three nundinae, and proclaimed the 
 amount of his debt. If no person released the 
 prisoner by paying the debt, the creditor might 
 sell him as a slave or put him to death. If there 
 were several creditors, the letter of the law allow- 
 ed them to cut the debtor in pieces, and to take 
 their share of his boily in proportion to their debt. 
 GeUius saj-s that there was no instance of a credi- 
 tor ever having adopted this extreme mode of satis- 
 fying his debt. But the creditor might treat the 
 debtor, who was addictus, as a slave, and compel 
 him to work out his debt ; and the treatment was 
 often very severe. 
 
 It is remarkable that in this passage GeUius 
 does not speak of Nexi, but only of Addicti ; 
 which is sometimes alleged as evidence of the 
 identity of nexus and addictus, but it proves no 
 such identity. If a Nexus is what he is here sup- 
 posed to be, the Law of the Twelve Tables could 
 not apply ; for when a man had once become 
 Nexus with respect to one creditor, he could not 
 become Nexus to another ; and if he became Nexus 
 to several at once, in this case the creditors must 
 abide by their contract in taking a joint security. 
 This Law of the Twels'e Tables only applied to 
 the case of a debtor being assigned over by a 
 judicial sentence to several debtors, and it provided 
 for the settlement of their conflicting claims. The 
 distinction between a nexum and a res judicata 
 is obvious enough, though some writers have 
 missed it. 
 
 The precise condition of a Nexus has however 
 been a subject of much discussion among scholars, 
 and it is not easy to reconcile all the passages in 
 which the tenn occurs so as to deduce from them 
 a consistent view of the matter. Sometimes indeed 
 Nexus appears to be used in the same sense as 
 Addictus, which cannot cause any difficulty if we 
 consider that the eft'ect of being Nexus and Addictus 
 was the same, as will presently be made probable. 
 
 As a Nexum was effected per aes et libram, it 
 was in the form of a sale, and of course there was 
 an object of sale ; and this object of sale might be 
 a thing or a person. A free man could not properly 
 be the object of a sale, but it requires only a slight 
 acquaintance with Roman law to perceive that this 
 difficulty could be got over by a fiction. As in the 
 case of Manumission Per Vindictam there was a 
 fiction that the slave was free ; so there might here 
 be a fiction that the freeman was a slave. And if 
 this is not admitted as a probable solution, it 
 cannot be denied that there is as much difficulty 
 in understanding the co-emtio of a female, who 
 was sui juris, which as a legal fact is quite certain, 
 as the formal sale of a freeman with his consent. 
 The notion of a freeman giving himself into the 
 power of another, so far from being foreign to the 
 notions of Roman law, as some writers have assert- 
 ed, is perfectly consistent with them, as we see in 
 the instance of adrogation. The Nexum then being 
 in the form of a sale, the Nexus was in a servile 
 condition as a necessary consequence of the Nexura, 
 and the opinion that there must be an addictio to 
 give effect to the Nexum, is inconsistent with the 
 notion of the Nexum. According to this view, a 
 Nexus, as soon as the contract of Nexum was 
 made, was in the condition of an Addictus, and 
 both were treated as slaves. But it has been 
 urged, that " one cannot discover any reason for 
 this self-pledging (iiexum), since every insolvent, 
 even when there was no nexum, must become his 
 
NEXUM. 
 
 creditor's slave (addictus), and how can we under- 
 stand that the abolition of the nexum was such an 
 advantage gained by the Plebeians (Liv. viii. 28), 
 if the addictio still remained, which might be ob- 
 tained when there was no nexum ; and it cannot 
 be denied that it did remain?" The advantage 
 consists precisely in the difference between a con- 
 tract which cannot be enforced against a person 
 without the forms of legal proceeding, and a con- 
 tract which at once gives a man a power over 
 his debtor without any application to a court of 
 justice. The effect of the abolition of the Nexum, 
 in this its special sense, while the Addictio still 
 existed, may be illustrated by the supposed case of 
 a landlord's remedy for the recovery of liis rent by 
 distress being abolished, while his other remedies 
 under the contract for letting and hiring remained. 
 
 It is remarked by Gocttling {Ocsclidde der 
 Rom. Staatsi-er/ass!W(/), that " the comparison of 
 the Adrogatio and the Adoptio gives the clearest 
 proof of the correctness of Savigny's view, who re- 
 jects the notion of a freeman pledging himself. In 
 the case of the Adrogatio of a Roman, who is sui 
 juris, there was no niancipatio, whioh such person 
 could eifect of himself: but in the case of adop- 
 tion, a niancipatio occurs, and it is eftVcted by the 
 living father and the son together. In the case of 
 coemtio it certainly appears, as if the woman of 
 herself effected a self-mancipation ; she, however, 
 is not herself andor, but her guardian is auctor." 
 There may be some weight in this observation, the 
 point of which appears to be this : there was man- 
 cipatio in the case of adoption, where the adopted 
 person was in the power of another, but no manci- 
 patio in the case of Adrogation, where the 
 adopted person was not in the power of another. 
 The tacit conclusion then seems to be, that if 
 in one case, there was no niancipatio and yet a 
 person was brought into the power of another 
 with his own consent, there could be no niancipa- 
 tio when a person consented to put himself into 
 a servile relation to another ; for it is here 
 assumed that a nexum was voluntary. But this 
 is not a legitimate conclusion. It is easy to see 
 that mancipatio in the case of adoption, where the 
 son was in the power of the father, was a sufficient 
 form, considering that the person adopted was only 
 a filiusfamilias ; and that Adrogation, which was 
 of a person who was sui juris, was a very different 
 matter, and required other fonns to be observed, 
 because the person adrogated was not a fiUus- 
 familias. [Adoption.] A nexum effected no 
 change of familia like an adoption or adrogation, 
 and while its object was different from that of both 
 of these ceremonies, it is quite consistent for its 
 form to have been the same as the fomi of the one, 
 and different from the form of the other. 
 
 The mode in which Goettling (p. 123) explains 
 this matter of the nexum is as follows : " A free 
 citizen can come into a maiicipii causa when he 
 cannot pay a loan {aes confessum) out of his OT\'n 
 means. What in such case he has to give security 
 for, that to which he has bound himself, is called 
 nexum (namely aes) ; hence the phrases nexi datio, 
 nexi liberatio. The person who does such an act 
 is called nexum (from nexus nexus) iniens, nexum 
 fadens, but after he has received the loan in the 
 above solemn manner, he is nexu obligatus, nexu 
 vinctus : as soon as he has failed to fulfil his obli- 
 gation, and in consequence of such failure has been 
 addicted (culdictus), and given in mancipium by 
 
 NEXUM. 
 
 637 
 
 the magistrate, he is called nexus (adjective), qui se 
 nexum dedit " — a more confused account of the 
 thing, or one more remote from legal precision, can- 
 not be imagined. 
 
 The Lex Poetilia (b. c. 326) alleviated the con- 
 dition of the nexi. So fiir as we can understand 
 its provisions, it set all the nexi free or made them 
 soluti (Liv. viii. 28, nexi soluti),and it enacted that 
 for the future there should be no nexum {cauiumque 
 in posterum ne nederentur), and that no debtor 
 should for the future be put in chains. Addictio 
 however still continued in force after the Lex 
 Poetelia, as we see in several instances. (Liv. 
 xxiii. 14 ; Sail. Cat. 33 ; Cicero, Pro F/acco, 20.) 
 It appears from the Lex Galliae Cisalpinae (c. 21, 
 22) that in the ease of other actions there was 
 only a Possessio Bonorum, but in the case of pecu- 
 nia certa credita there was personal execution. 
 The enactment of the Lex Julia which introduced 
 the Bonorum Cessio, and gradual changes in so- 
 ciety, must have diminished the frequency of the 
 Addictio. [Bonorum Cessio.] 
 
 Neither the Addictus nor the Nexus was a slave, 
 and his ingenuitas was only in suspense. As to 
 the Nexum, it must have been necessary that the 
 effect of the legal act by which the ingenuus was 
 made a nexus should be done away with by another 
 legal act ; and this seems to be the Nexi liberatio 
 which was done per aes et libram. It also ap- 
 pears from a passage in Livy (vi. 14), that a 
 certain person, who was judicatus pecuniae, and is 
 not described as nexus, was released from his 
 obligation per aes et libram. In the time of Gains 
 an imaginary fonn of payment per aes et libram 
 was retained in cases where the obligation was 
 contracted either per aes et libram or was due ex 
 judicati causa. (Ciaius, iii. 173 — 175.) There 
 seems indeed no reason why this ceremony should 
 have been used in the case of an addictus who 
 wished to be restored to his former state, for the 
 Addictio was by implication only to have an effect 
 till the debt was paid. It might be contended that 
 such was the effect of the Nexum also, but we 
 must distinguish between the effect of a sentence 
 ! of the Praetor and a solemn act like that of the 
 j Nexum, which was in form a transfer of owner- 
 ^ ship. The addictus was protected against injuria 
 j from his master (Gains, i. 141), and it is said that 
 he retained his name and tribe ; but it is somewhat 
 difficult to understand how he retained his tribe, 
 since he had sustained Infamia. Upon the dis- 
 charge of his obligations the addictus, it seems, 
 returned to his former status. 
 
 It was Niebuhr's opinion that the Nexum, when 
 it became a form of giving security, had not its 
 complete effect until the debtor was unable to pay 
 and was brought into the condition of a debtor- 
 slave by the addictio. An answer to this is con- 
 tained in a passage already quoted. If it required 
 an addictio to make a person nexus, what was the 
 use of a Nexum when a man might become ad- 
 dictus, even when there was no Nexum ? The only 
 intelligible solution of all these difficulties is that 
 a Nexum had an immediate effect. 
 
 It seems to be a legal consequence of a Nexum 
 and an Addictio that the children, if they were in 
 the power of the parent, must follow his condition, 
 as in the case of adrogation. 
 
 In the case mentioned in Livy (viii. 28), 
 where the son is said to have been nexus for 
 his father's debt (cajn se nexum dedisset), it may 
 
638 NIMBUS VITREUS. 
 
 be that the father bound his son only, which 
 he could certainly do just in the same way as 
 he could mancipate him. If the son was not in 
 his father's power, he could still bind him- 
 self on behalf of his father. The expression in 
 Livy does not enable us to determine which of the 
 two possible cases was the real case, but it seems 
 probable that the son was in the power of the 
 father. 
 
 The meaning of the provision in the Twelve 
 Tables, as cited by Gellius, as to cutting the debtor 
 in pieces has been a subject of nrach discussion. 
 Taylor in his essay {Comment, ad L.Decemviralcm 
 de Inope Dehitore in jmrtis dissecando) attempts to 
 prove that Gellius misunderstood the old law, and 
 that the words of the Twelve Tables " partis 
 secanto : si plus minusve secuerint se fraude esto," 
 mean that the several creditors are intitled to have 
 the " partis," that is the " operae" of the addictus 
 divided or distributed among them ; and he goes on 
 to explain the rest of the law in these terms : 
 " Communis sit servus eonmi, qui quidem ad- 
 fuerint ; et sine fraude esto, si ceteri toties proci- 
 tati suas quoque partis in Debitore non vindica- 
 verint." But the arguments of Taylor are by no 
 means satisfactory. The conjecture that the 
 " partis " are the shares of the creditors arising 
 from the sale of the debtor, is also unsupported by 
 any proof. This monstrous enactment, if we take 
 it literally, shocks all our notions of humanity, but 
 it has been well observed that it is by no means 
 inconsistent with the spirit of the old Roman law ; 
 and the fact of an actual division of a debtor's body 
 not being on record, is no proof against, and hardly 
 furnishes a presumption against the existence of 
 such a law. The Romans had no prisons for 
 debtors. The creditor was the debtor's jailer, and 
 we know that in the oldest time he was often a 
 cruel keeper, '^hen there were several creditors 
 who claimed the body of a debtor, he might be 
 kept by any one for the benefit of himself and the 
 rest till the sixty days were over ; but after that 
 time, if the creditors could not agree among them- 
 selves, there was no possible mode of settling their 
 conflicting claims than that which the law of the 
 Decemviri gave them, and which they might adopt 
 if they chose. Such a law could never be carried 
 into effect in any country, as the legislators must 
 have well known, and thus while its terms fully satis- 
 fied the claims of the creditors, in practice it may 
 have turned out really favourable to the debtor. 
 (See the remarks of Gellius on this part of the 
 law, XX. 1.) But the solution of the difiiculty is 
 quite a different matter from the fact of its ex- 
 istence, which is in no way to be questioned 
 because we cannot explain it. 
 
 The various authorities on the subject of the 
 Nexum and Addictio are refeiTed to by Rein, Das 
 R'6m. Privatrecht, p. 313, &c. The writer of this 
 article has not had the advantage of seeing the 
 essay of Savigny, Ueber das altromisclie Schuldrecht, 
 Berlin, 1834, and is only generally acquainted 
 with it from other works. The whole subject is 
 still encumbered with difficultj', as will appear 
 from a reference to the various writers on this 
 subject. The note of Walter {Geschulite des Rmn. 
 Redds, p. G42. n. C) appears to contain the true 
 statement as to the diiference between the effect of 
 a Nexum and a Res Judicata ; but he rejects the 
 notion of a man selling or pledging himself. [G. L.] 
 
 NIMBUS VI'TREUS. [Nix.] 
 
 NOMEN (GREEK). 
 
 NIX {x^tiv), snow, was used by the Greeks 
 and Romans in various ways as an accompaniment 
 to their meals in warm weather. The great anti- 
 quity of the practice is shown by Athenaeus ( iii. 
 97—99). (See also Proverbs, xxv. 13.) They 
 drank water cooled by the admixture of snow. 
 (Mart. xii. 17; xiv. 117; Gell. xix. 5.) Also 
 when the wine was mixed in the vase [KPATH'P], 
 snow was poured into it instead of water, so as to 
 cool and to dilute it at the same time. (Mart. v. 
 66 ; Plin. Epist. i. 15.) Fragments of ice were 
 put into the cups of wine with the same view. 
 ( Athen. xiii. 43 ; Seneca, Epist. 79 ; Qu. Nat. iv. 
 13; Pacatus, Tlieodos. Pan. 14.) Another method 
 of applying the snow was by passing wine through 
 a strainer or colander filled with snow ; by this 
 process the wine was also rendered clear. (Mart, 
 ix. 23; xiv. 103, 104; Seneca, De dir. Prov. 3.) 
 The " Nimbus vitreus," mentioned by Martial 
 (xiv. 112), seems to have been a glass colander, 
 which was filled with snow so as to look like a 
 cloud, and from which the wine, after passing 
 through the snow, descended in a shower. More- 
 over, we learn that the water which was poured 
 upon the hands of the guests before a splendid 
 dinner, was sometimes cooled with snow. (Petron. 
 Sat. 31.) 
 
 In consequence of this abundant use of snow 
 and ice they became articles of traffic. (Euthydes 
 ap. AtJien. I. c. ; Plin. H. N. xix. 4. § 19.) They 
 were brought to Rome in carts and waggons, 
 kept in ice-houses (Seneca, 1. c), and surrounded 
 with chaff' and shaggy blankets to prevent them 
 from melting (Plutarch, Sj/mpos. vi. G), agree- 
 ably to the practice still adopted in many parts of 
 Europe and Asia. [Psyleter.] [J. Y.] 
 
 NODUS, in a special sense, was applied to the 
 following parts of dress : — I. The knot used in 
 tying on the scarf [Chlamys] or other article con- 
 stituting the Amictus. This was often effected 
 by the aid of a brooch [Fibula], a ring, or some 
 jewel (Virg. Aen. i. 320 ; vi. 301 ; xi. 776 ; Claud. 
 de Rapt. Pros. ii. 40) ; but frequently in the 
 method shown in the woodcut of Diana at p. 224. 
 II. The knot of hair (K6pvfj.§os, KpwSvAos), either 
 at the top or at the back of the head adopted by 
 both sexes in fastening their long hair, which was 
 turned upwards or backwards for the purpose 
 {crine rursus adduclo revocare nodo, Seneca, Oedip. 
 ii. ; Virg. Aen. iv. 1 38 ; Hor. Epod. xi. 28). Ex- 
 amples may be seen in the woodcuts at p. 268. 
 270. 292. 422. III. The knot of leather worn by 
 boys of the poorer classes at Rome instead of the 
 golden Bulla. [J. Y.] 
 
 NOMEN (GREEK) (ofOMa). The Greeks, as 
 is well known, bore only one name (Pans. vii. 7. 
 § 4), and it was one of the especial rights of a 
 father to choose the names for his children, and to 
 alter them if he pleased. (Demosth. e. Boeot. i. p. 
 1002. 1006; e. Macart. p. 1075, &c.) It was 
 customaiy to give to the eldest son the name of 
 the grandfather on his father's side. The history 
 of Greece contains many instances of this custom, 
 and Sositheus {ap. Demosth. c. Macart. I. c.) says, 
 " I gave to my eldest son, as is just ((SffTrcp /col 
 SlKai6v etTTi), the name of my father." (Compare 
 Eustath.arf v. 546.) What custom was generally 
 followed in regard to the other children may be in- 
 ferred from the same passage, for Sositheus goes on 
 to say, that he called his second son after the 
 name of his wife's father, tJie third after a relation 
 
NOMEN (GREEK). 
 
 of his wife, and the fourth son after his own 
 grandfather on his mother's side. Motliers seem 
 also sometimes to liave assumed tlie right of giving 
 the names to their children (Eurip. Phocn. 5ii), 
 and it may be that, as in the case described by 
 Aristophanes {Nah. 60, &c.), sometimes a quarrel 
 arose between the parents, if they could not agree 
 upon the name to be given to a child. A boy also 
 sometimes received the name of his father, as in 
 the cases of Demosthenes and Demades, or one 
 similar to that of his father. Nausinicus thus 
 called his son Nausiphilus, and Callicrates called his 
 son Callistratus. (Biickh, ad Find. Pi/th. iv. p. 
 265.) A similar method was sometimes adopted 
 in the names of several brothers ; thus two brothers 
 in the speech of Lysias against Diagiton are called 
 Diodotus and Diogiton. In some cases lastly, the 
 name of a son was a patronymicon, formed from 
 the name of the father, as Phocion, the son of 
 Phocos. 
 
 The day on which children received their names 
 was the tenth after tlieir birth. (Aristoph. Av. 
 922, &c.) According to some accounts a child re- 
 ceived its name as caAy as the seventh or even 
 fifth day after its birth, f AM*IAPO'MIA.] The 
 tenth day, called Se/carr?, however, was a festive 
 day, and friends and relations were invited to take 
 part in a sacrifice and a repast, whence the ex- 
 pressions Sc/caTi)!/ dmiv and heKaT-qv effriou. If 
 in a court of justice proofs could be adduced that a 
 father had held the SeKOTij, it was sufficient evi- 
 dence that he had recognised the child as his own. 
 (Deraosth. c. Boeot. i. p. 1001 ; c. Boeot. ii. p. 
 I017 ; Isaeus, Db Pyrrh. hemd. p. 60.) 
 
 The fact that every Greek had only one name 
 rendered it necessary to have an innmnerable 
 variety of names, and never has a nation shown 
 more taste, ingenuity, and invention in devising 
 them than the ancient Greeks. But however great 
 the number of names might be, ambiguity and con- 
 fusion could not be avoided, and in reading the 
 works of the Greeks we are not always certain 
 whether the same name in different passages or 
 writers belongs to one or to several persons. The 
 Greeks themselves were aware of this, and where 
 accuracy was of importance they used various 
 means to prevent mistakes. Sometimes they added 
 the name of the father in the genitive case, as 
 'A\/ci§io5)7s d KXiivtov, TlKtt.a'Toa.vd^ 6 Ylavaavlov: 
 sometimes they added the name of the place or 
 country in which a person was bom, in the fonn of 
 an adjective, as 0ouKu5i'5r)j 6 'ABrjuaTos, 'HpoSoros 
 'AKiKapvaffffivs, XapfiavTiSr^! UaLavievs^AiKa'iapxos 
 6 Vleffaijvios, &c. ; sometimes they added an epi- 
 thet to the name, expressing either the occupation 
 or profession which a person followed, or indicating 
 the school to which he belonged. Instances are of 
 such frequent occurrence that it is superfluous to 
 quote any. The custom of adding the father's 
 name was called ■waTpdOei' ovofid^eaBat. (Paus.vii 
 
 NOMEN (ROMAN). 
 
 G39 
 
 7. § 4 ; Xenoph. Oeco7iom. 7. § 3.) 
 
 In common life the Greeks had yet another 
 means of avoiding ambiguity, and this was the 
 frequent use of nicknames, expressive of mental or 
 bodily peculiarities and defects. Thus Demo- 
 sthenes was from his childhood called BaraAos. 
 (Aeschin. c. Timarch. p. 139. 142 ; Demosth. De 
 Coron. p. 288.) Aristophanes (,Av. 1291, &c.) 
 mentions several names of birds which were used 
 as nicknames ; other nicknames are preserved in 
 Athenaeus (vi. p. 242). 
 
 (Compare Becker, Charikles, i. p. 23, &c.) 
 
 [L. S.] 
 
 NOMEN (ROMAN). In the earliest history 
 of Rome there occur persons who are designated 
 by only one name, such as Romulus, Remus, 
 and others, while there are many also who bear 
 two names. The Romans of a later age were 
 themselves uncertain as to the legitimate number 
 of names borne by the earliest Romans ; and while 
 Varro {ap. Val. M(.a., E/niome de Nomiimm 
 liaiione), Appian {Rom. Hist, praef. 13), and 
 others, stated that the earliest Romans used only 
 to have one name, their opponents adduced a great 
 many instances in which persons had two. This 
 question will perhaps be placed in a more proper 
 light, and become more satisfactorily settled, if we 
 consider separately the three distinct elements of 
 which the Roman nation was composed in its 
 origin, and it will then be found that both Varro 
 and his opponents are right or wrong according 
 as their assertions ai'e applied to one or to all of 
 the three tribes. 
 
 The Sabines, from the earliest times down to the 
 end of their existence, had two names (Val. Max. 
 de Nomiiium Raiione), one indicating the individual 
 as such (pmenomen), e.g. Albus, Volesus, Pompus 
 (Val. Max. /. c). Talus (Fcst. s. v.), Cains, Titus, 
 Quintus, Appius, &c., and the second the gens to 
 which the individual belonged, which terminated 
 like the Roman nomina gentilicia in i us or eius,e.ff 
 Tatius, Pompilius, Claudius, &c. It is moreover a 
 feature peculiar to the Sabines that a person some- 
 times, instead of a praenomen and a nomen gentili- 
 cium, had two iinr.iina gentilicia, one indicating the 
 gens of his father and the other that of his mother. 
 The latter sometimes preceded and sometimes fol- 
 lowed the fonner. This custom is clear from Livy 
 (xxxix. 13. 17), who mentions a Campanian (Sa- 
 bine) woman, Pacidla Minia, who was married to 
 a man who bore the name of Cerrinius from his 
 gens, and one of the sons of these parents was 
 called Minius Ceninius. Another instance is the 
 name of the Sabine augur Attius Navius, where, 
 according to Dionysius (iii. p. 203), Attius is the 
 ovofia auyy€i>eTiK6v. Dionysius, however, must 
 be mistaken in making Navius an ovo/xa npocri)- 
 yopiKov, if he meant this to be the same as the 
 Roman praenomen, which the name Navius never 
 was. In all probability therefore both Attius and 
 Navius are nomina gentilicia. A third instance 
 seems to be Minatius Magius (Vellei. Pat. ii. 16), 
 the son of Decius Magius. This practice must have 
 been very common among the Sabines, for in most 
 cases in which the two names of a person have come 
 down to us, both have the termination ius, as 
 Marius Egnatius, Herius Asinius (Appian. Cknl. 
 i. 40), Statins Gellius (Liv. ix. 44), Ofilius Cala- 
 vius. A more complete list of such Sabine names 
 is given by Gtittling (Geseh. d. R'6m. Staatsv. p. 6. 
 note 3), who supposes that a son bore the two 
 nomina gentilicia of his father and mother only as 
 long as he was unmarried, and that at his marriage 
 he only retained the nomen gentilicium of his 
 father, and, instead of that of his mother, took that 
 of his wife. Of this, however, there is not suffi- 
 cient evidence. Thus much is certain that the 
 Sabines at all times had two names, one a real 
 praenomen, or a nomen gentilicium serving as a 
 praenomen, and the second a real nomen gentili- 
 cium, derived from the gens of the father. The 
 Sabine women bore, as we have seen in the case of 
 
640 NOMEN (ROMAN). 
 
 NOMEN (ROMAN). 
 
 PacuUa Minia, likewise two names, e. g. Vestia 
 Oppia, Faucula Cluvia (Liv.xxvi. 33), but whether 
 in case they both terminate in ia i\iey are nomina 
 gentilicia, and whether the one, as Giittling thinks, 
 is derived from the gens of the woman's father, 
 and the other from that of her husband, cannot be 
 decided. Many Sabines also appear to have had a 
 cognomen, besides their praenomen and nomen 
 gentilicium ; but wherever this occurs, the prae- 
 nomen is generally omitted, e. g. Herennius Bassus 
 (Liv. xxiii. 43), Calavius PeroUa (Liv. xxxiii. 8), 
 Vettius Cato (Appian. Ciril. i. 40), Insteius Cato, 
 Popaedius Silo, Papius Mutilus ( Vellei. Pat. ii. 16). 
 Such a cognomen must, as among the Romans, 
 have distingiiished the several familiae contained 
 in one gens. 
 
 The Latins in the earliest times had generally 
 only one name, as is seen in the instances adduced 
 by Varro (uj). Vol. Max. I. c), Romulus, Remus, 
 Faustulus, to which we may add the names of the 
 kings of the aborigines (Latins), Latinus, Ascanius, 
 Capetus, Capys, Procas, Numitor, Amulius, and 
 others. When, therefore, Varro and Appian say 
 that the earliest Romans had only one name, they 
 were probably thinking of the Latins. There oc- 
 cur indeed, even at an early period, Latins with 
 two names, such as Geminus Metius, Metius 
 SulFetius, Vitruvius Vaccus, Turnus Herdonius, 
 &c. ; but these names seem to be either two 
 nomina gentilicia, or one a nomen gentilicium and 
 the other a cognomen, and the Latins do not ap- 
 pear to have had genuine praenomina such as occur 
 among the Sabines and afterwards among the Ro- 
 mans. 
 
 The Etruscans in the Roman historians generally 
 bear only one name, as Porsenna, Spurinna, which 
 apparently confirms the opinion of Varro ; but on 
 many urns in the tombs of Etruria such names 
 tenninating in ?ia are frequently preceded by a 
 praenomen. Miiller [Etnts/c. i. p. 413, &.C.), and 
 Giittling (/. c. p. 31), who follows him, are of 
 opinion that no Etruscan ever bore a nomen genti- 
 licium, and that the names terminating in 7ia are 
 mere cognomina or agnomina. Niebuhr {Hist, of 
 Borne, i. p. 381, note 922, and p. 500, note 1107), 
 on the other hand, thinks, and with more proba- 
 bility, that the Etruscan fia corresponds to the 
 Sabine and Roman ius, and that accordingly such 
 names as Porsenna, Spurinna, Caecina, Perperna, 
 Vibenna, Ergenna, Mastarna, &c. are real nomina 
 gentilicia. 
 
 From this comparison of the three original tribes, 
 it is clear that when the Romans became united 
 into one nation, they chiefly followed the custom 
 of the Sabines, and perhaps that of the Latins. ( Val. 
 Max. /. c.) Originally every Roman citizen belong- 
 ed to a gens, and derived his name [nomen or nomen 
 genlih'cium) from his gens. This nomen gentili- 
 cium generally terminated in ius, or with a preced- 
 ing e, in eius, which in later times was often 
 changed into aeits, as Annius, Anneius and 
 Annaeus ; Appuleius and Appulaeus. Nomina 
 gentilicia terminating in ilius or elius, some- 
 times change their termination into the dimi- 
 nutive illus and elbis, as Opillus, Hostillus, Quin- 
 tillus, and Ofellus, instead of Opilius, Hostilius, 
 Quintilius, and Ufelius. (Horat. Sat. ii. 2, 3, et 
 passim.) Besides this nomen gentilicium every 
 Roman had a name, called praenomen, which pre- 
 ceded the nomen gentilicium, and which was pecu- 
 liar to him as an individual, e. g. Caius, Lucius, 
 
 I Marcus, Cneius, Sextus, &c. In early times this 
 name was given to boys when they attained the 
 age of pubertas, that is, at the age of fourteen, or, 
 according to others, at the age of seventeen (Gel- 
 lius, x. 28), when they received the toga virilis. 
 (Fest. s. V. Pubes; Scaevola ap. Val. Maor. I. c.) 
 At a later time it was customary to give to boys a 
 praenomen on the ninth day after their birth, and 
 to girls on the eighth day. This solemnity was 
 preceded by a lustratio of the child, whence the 
 da}' was called dies lustricus, dies nominum, or no- 
 minalia. (Macrob. Hat. i. 16; Tertull. de Idolol. 
 6.) The praenomen given to a boy was in most 
 cases that of the father, but sometimes that of the 
 grandfather or great-grandfather. Hence we fre- 
 quently meet wth instances like M. TuUius, M. F., 
 that is, Marcus Tullius, Marei filius, or C. Octa- 
 vius, C. F., C. N., C. P., that is, Caius Octavius, 
 Caii filius, Caii nepos, Caii pronepos. Sometimes, 
 however, the praenomen was given without any 
 reference to father or grandfather, &c. There exist- 
 ed, according to Varro, about thirty praenomina, 
 while nomina gentilicia were innumerable. These 
 two names, a praenomen and a nomen gentilicium 
 or simply nomen, were indispensable to a Roman, 
 and they were at the same time sufficient to de- 
 signate him ; hence the numerous instances of Ro- 
 mans being designated only by these two names, 
 even in cases wliere a third or fourth name was 
 possessed by the person. Plebeians, however, in 
 manj^ cases only possessed two names, as C. Ma- 
 rius, Q. Sertorius, Cn. Pompeius, &c. The prae- 
 nomen characterised a Roman citizen as an indivi- 
 dual, and gave him, as it were, his caput [Caput] 
 at the time when he received it. As women had 
 not the full caput of men, they only bore the 
 feminine fonn of the nomen gentilicium, as Corne- 
 lia, Sompronia, Tullia, Tercntia, Porcia, &c. In 
 later times, however, we find that women also 
 sometimes had a praenomen, which they received 
 when they married, and which was the feminine 
 form of the praenomen of their husbands ; such as 
 Caia, Lucia, Publia. (Scaevol. ap. Val. Max. I. c.) 
 Caia Caecilia, the wife of L. Tarquinius, if the 
 name be historical, is an exception to this nde. 
 (Val. Max. /. c; see Cic. pro Muren. 12.) When 
 Macrobius (I. c.) states that girls received their 
 name (he evidently means the praenomen) on the 
 eighth day after their birth, he alludes, as in the 
 case of boys receiving theirs on the ninth da}', to 
 an innovation of later times, and among the female 
 praenomina given at such an early age we may 
 reckon Prima, Sccimda, Tcrtia, Quarta, Postuma, 
 &c. (Varro, de Ling. Lot. ym. p. 141. Bipont ; 
 Suet. Caes. 50 ; J. ' Capitol. Mar. et Bath. 5.) 
 Vestal Virgins, at the appointment to their priest- 
 hood (eaptio), when they left the patria potestas, 
 received, like married women, a praenomen, e. g. 
 Caia Tarratia, or Caia Suflfetia. (Plin. H. N. 
 xxxiv. 11.) 
 
 Every Roman citizen, besides belonging to a 
 gens, was also a member of a familia, contained in 
 a gens, and, as a member of such a familia, he had 
 or might have a third name or cognomen. Such 
 cognomina were derived by the Romans from a 
 variety of mental or bodily peculiarities, or from 
 some remarkable event in the life of the person 
 who was considered as the founder of the familia. 
 Such cognomina are, Asper, Imperiosus, Magnus, 
 Maximus, Publicola, Brutus, Capito, Cato, Naso, 
 Labeo, Caecus, Cicero, Scipio, Sulla, Torquatus, 
 
NOMEN (ROMAN). 
 
 &c. These names were in most cases hereditary, 
 and descended to the latest members of a familia ; 
 in some cases they ceased with the death of the 
 person to whom they were given for special rea- 
 sons. Many Romans had a second cognomen 
 (cognomen secundum or ar/nomen), which was given 
 to them as an honorary distinction, and in comme- 
 ' moration of some memorable deed or event of their 
 life, e. g. Africanus, Asiaticus, Hispallus, Cretensis, 
 Macedonicus, Numantianus, &c. Such agnomina 
 were sometimes given by one general to another, 
 sometimes by the army and confirmed by the 
 chief-general, sometimes by the people in the co- 
 niitia, and sometimes they were assumed by the 
 person himself, as in the case of L. Cornelius Scipio 
 Asiaticus. Sometimes also a person adopted a 
 second cognomen which was derived from the name 
 of his mother, as M. Porcius Cato Salonianus or 
 Saloninus, who was the son of M. Cato Censorius 
 and of Salonia. (Gellius, xiii. 1 9 ; Plut. Cat. Mai. 
 24.) 
 
 The regular order in which these names follow- 
 ed one another was this : — 1. praenomen ; "2. nomen 
 gentilicium ; 3. cognomen primum ; 4. cognomen 
 secundum or agnomen. Sometimes the name of 
 the tribe to which a person belonged, was added 
 to his name, in the ablative case, as Q. Verres Ro- 
 milia (Cic. c. Verr. i. 8), C. Claudius Palatina 
 (Cic. c. Verr. ii. 43), Ser. Sulpicius Lcmonia (Cic. 
 Philip, ix. 7). No one was allowed to assume a 
 nomen gentilicium or a cognomen which did not 
 belong to him, and he who did so was guilty of 
 falsum. (Dig. 48. tit; 11. s. 13.) 
 
 It must have been in comparatively few cases 
 that persons had a fourth name or agnomen, but the 
 three others were, at least at a late period, when 
 the plebeian aristocracy had become established, 
 thought indispensable to any one who claimed to 
 belong to an ancient family. (Juvenal, v. 127.) In 
 the intercourse of common life however, and espe- 
 cially among friends and relatives, it was cus- 
 tomary to address one another only by the prae- 
 nomen or cognomen, as maj' be seen in the letters 
 of Cicero. It was but verj' seldom that persons 
 were addressed by their nomen gentilicium. The 
 most common mode of stating the name of a per- 
 son in cases where legal accuracy was not the ob- 
 ject, was that of mentioning the praenomen and 
 cognomen, with the omission of the nomen gentili- 
 cium, which was easily understood. Thus Caius 
 Julius Caesar would during the better ages of the 
 republic and in familiar address be called Caius, 
 otherwise Caius Caesar, or even Caius Julius, but 
 never Julius Caesar, which was only done daring 
 the latter period of the republic and under the em- 
 pire, as in Albius Tibullus, Cornelius Nepos, Me- 
 nenius Agrippa, &c. A very common mode of 
 stating the name of a person during these latter 
 times, was that of merely mentioning the cogno- 
 men, provided the person bearing it was sufficiently 
 kno-\vn or notorious, as we speak of Milton and 
 Johnson, without adding any other distinction, 
 although there are many persons bearing the same 
 name. The most common of these cases among 
 the Romans are Verres, Carbo, Cato, Caepio, 
 Cicero, Caesar, Sulla, &c. In the time of Augus- 
 tus and Tiberius it became very common to invert 
 the ancient order of nomen and cognomen, and to 
 say, e. g. Drasus Claudius, or Silvanus Plautius, 
 instead of Claudius Dnisus and Plautius Silvanus. 
 <VeUei. Pat. ii. 97. 112.) 
 
 NOMEN (ROMAN). 641 
 
 Roman women had likewise sometimes a cogno- 
 men, although instances of it are very rare. It 
 was sometimes like that of men, derived from per- 
 sonal peculiarities, such as Rufa and PusLlla 
 (Horat. Sat. ii. 3.216); sometimes from the nomen 
 gentilicium of their husbands, as Junia Claudilla, 
 Ennia Naevia (Suet. Calig. 12), Livia Ocellina 
 (Suet. Gulb. 3), and sometimes from the cognomen 
 of their husbands, as Caecilia Metella. 
 
 During the latter part of the republic, and the 
 early period of the empire, when the Roman fran- 
 chise was given to whole countries and provinces, 
 the persons who thus acquired the civitas fre- 
 quently adopted the praenomen and nomen of the 
 person through whose interest they had obtained 
 the distinction, or of the emperor himself. After 
 the time of Caracalla (a. d. 212), when all the free 
 inhabitants of the empire had obtained the Roman 
 franchise, and when the gentilician relations which 
 had already gradually fallen into oblivion were 
 totally forgotten, any person might adopt what 
 name he pleased, either ancient or newly invented, 
 and even change his name, if he did not like it 
 (Codex, 9. tit. 25); and henceforth the ancient 
 Roman names disappear from the history of the 
 empire with incredible rapidity. 
 
 If a person by adoption passed from one gens into 
 another, he assumed the praenomen, nomen, and 
 cognomen of liis adoptive father, and added to 
 these the name of his former gens, with the termi- 
 nation anus. Thus C. Octavius, after being adopt- 
 ed by his uncle C. Julius Caesar, was called C. 
 Julius Caesar Octavianus, and the son of L. Aemi- 
 Hus Paullus, when adopted by P. Cornelius Scipio, 
 was called P. Cornelius Scipio Aemilianus. [Adop- 
 tion (Roman).] There were, however, two 
 gentes, viz., the gens Antonia and the gens 
 Flaminia, which, in case of any of their gentiles 
 being adopted into another gens, took the termi- 
 nation inus instead of anus, as Antoninus and Fla- 
 mininus, instead of Antonianus and Flaminianus. 
 Sometimes also the cognomen of the former family 
 was retained and added without any alteration to 
 the name of the adoptive father, as in the case 
 of Q. Servilius Caepio Brutus. (Eckhel, Doctr. 
 Num. vol. V. p. .59.) This was only done in case the 
 cognomen was of great celebrity ; and it some- 
 times underwent a change in the termination. Thus 
 Claudius Marcellus, when adopted by Cornelius 
 Lentulus, was called Cornelius Lentulus MarceUi- 
 nus. (Eckhel, Boctr. Num. vol. v. p.59 and p. 187.) 
 If one man adopted two brothers, the adoptive 
 father might choose any praenomina at his discre- 
 tion in order to distinguish his adoptive sons from 
 each other. Thus when Augustus adopted the two 
 sons of Agrippa, he gave to the one the praenomen 
 Caius, and to the other the praenomen Lucius. 
 (Veil. Pat. ii. 96.) During the early period of the 
 empire it appears to have sometimes occwred that 
 a person when adopted into another gens, added 
 his o^vn nomen gentilicium without any alteration 
 to that of his adoptive father, as in the cases of C. 
 Plinius CaecUius Secundus, and L. Aelius Aure- 
 lius Commodus. (Dion Cass. Ejccerpt. lib. IxxiL c. 
 IS.) Besides this, many other irregularities oc- 
 curred in cases of adoption during the period of 
 the empire, but it is not necessary for our purpose 
 to enumerate them here. 
 
 Slaves had only one name, and usually retained 
 that which they had borne before they came into 
 slavery. If a slave was restored to freedom, he 
 
 2 T 
 
642 NOM04>rAAKE2. 
 
 received the praenomen and noinen gentiliciiim of 
 his former master, and to these was added the 
 name wliich he had had as a slave. He became 
 thus in some measure the gentilis of his former 
 master, in as far as he had the same nomon genti- 
 licium, but he had none of the other claims which 
 a freebom gentilis had. (Cic. Top. 6.) Instances 
 of such freedmen are, Titus Ampius Menander, a 
 freedman of T. Ampius Balbus (Cic. ad Fam. xiii. 
 70) ; L. Cornelius Chrysogouus, a freedman of L. 
 Comelius Sulla ( Q\c.]iro RoisC. yl ?h . 2, &c.), M . Tullius 
 Laurea, and M. Tullius Tiro, freedmen of M. Tul- 
 lius Cicero. It appears, however, that the eman- 
 cipator sometimes avoided giving to his freedman 
 his nomcn gcntiliciuni, for Dion Cassius (liv. 21) 
 mentions a freedman of J. Caesar whose nomcn 
 gentilicium is Licinius. If the state emancipated 
 a servus publicus, and gave him the franchise at 
 the same time, any praenomen and nomen were 
 given to him, or he took these names from the 
 magistrate who perfomied the act of emancipation 
 in the name of the state, and then received a cog- 
 nomen derived from the name of the city, as Ro- 
 manus or Roniancnsis. (Varro, de Liny. Lai. vii. 
 p. 124, cS:c. Bipont; Liv. iv. fil.) [L. S.] 
 
 NOMI'SMATOS AIA*eOPA"2 TPA-i-H' is the 
 name of the public action which might, at Athens, 
 be brought against any one who coined money 
 either too light in weight or not consisting of the 
 pure metal prescribed by the law. The lawful 
 punishment inflicted upon a person in case he was 
 convicted was death. (Demosth. c. lA"pt. p. 508 ; 
 c. Timacrat. p. 765, &c.) What action might be 
 brought against those who coined money without 
 the sanction of the republic, and how such persons 
 were punished, is not known. (See Petitus, Lctig. 
 Ail. p. 510.) [L. S.f 
 
 NOMO<i>T'AAKE2. This name denotes certain 
 magistrates or official persons of high authority, 
 who exercised a control over other magistrates, and 
 indeed over the whole bodj^ of the people, it being 
 their duty to see that the laws were duly ad- 
 ministered and obeyed. Mention is made of such 
 officers at Sparta and elsewhere, and some of the 
 Greek philosophers who wrote on legislation ap- 
 pear to have thought, that such a body of men was 
 essential to the well-being of a social community. 
 (Schiimann, Aid. Jur. Pub. Gr. p. 1 30 ; Plato, 
 Le<i. vi. p. 252 ; Xcn. Ocean, ix. 14.) No such 
 body existed at Athens, for tliey must have had a 
 power too great for the existence of a democracy. 
 The Senate of 500, or the Areopagitic council, 
 performed in some measure the office of law- 
 guardians (Arist. Pol. vi. 6. mh fin. ; Andoc. De 
 J\li/st. II) ; but the only persons designated by 
 this name appear to have been inferior function- 
 aries (a sort of police), whose business it was to 
 prevent irregularities and disturbances in the 
 public assemblies. Even their existence has been 
 doubted by modem writers ; some think they have 
 been confounded with the ftefffioOe'rai. Another 
 hypothesis is, that the office was never introduced 
 until the time of Demetrius Phalereus, who, when 
 he was invested with the authority of lawgiver by 
 Cassander, gave to the Eleven the additional duty 
 of watching the conduct of all the other magi- 
 strates, with a view to introduce a more aristo- 
 cratical govcniment. In favour of this opinion it 
 has been observed, that the office of vofiocpuKaKts 
 is only mentioned by grammarians, and tliey refer 
 to Dinarchus, who was the friend and contempo- 
 
 NO'MOS. , 
 
 rary of Demetrius. (See Schneider's note to Arist. 
 Pol. vi. 5. § 10 ; Wachsm. i. i. p. 209 ; Meier, 
 Aii. Prcc. p. 08—73.) [C. R. K.] 
 
 NO'MOS. This word comprehends the notion 
 not only of established or statute law, but likewise 
 of all customs and opinions to which long prescrip- 
 tion or natural feeling gives the force of laAV ; as Euri- 
 pides {Bacch. 893) expresses it, to iv xP^'^f fJ-o-xpv 
 i/Sfii/xov del (pvaei re irecpvKos. In the heroic 
 ages, before the period of authentic history begins, 
 we find in the Homeric and other poems traces 
 of a general belief among the Greeks that govern- 
 ment ought to be controlled by law. As even 
 the supreme God was supposed to be subject 
 to a higher power. Fate or 'AvajKri, so the 
 AioTpe(pris fiaaiXevs was bound to govern accord- 
 ing to the niles of justice, S'ikti, vSfios, cucofii'ij. 
 (Hom. Od. xvii. 487 ; Pind. Pi/i/i. 2. 157 ; Herod, 
 iii. 38; Hes. Op. et Dies. 274.) Government, 
 though monarchical and hereditary, was neverthe- 
 less limited, eVl pr)ro7s y^paai (Thuc. 1. 1 3). The 
 monarchs were -nyajropes rjSe /xeSovres, bound to 
 consult for the good of their people, and to listen 
 to the advice of their counsellors, or the chief men ' 
 of the state (^epoi/res, avoKTCs, &c.), and also to 
 administer justice, S'u(as, &4/j.i(7Tas, euSiKtas. (//. 
 ii. 660; xvi. 542; Od. xix. 3 ; iv. 689.) 
 
 These notions of law and justice were neces- 
 sarily vague. The regal power, though limited in 
 practice, appears to have been absolute in theory, 
 and, as such, was easily liable to be abused. We 
 find complaints of the abuse of power in Hesiod 
 (Op. ct Dies, 39. 258); and Wachsmuth {Llell. 
 Alt. I. i. c. 18) remarks that the Odyssey contains 
 indications of a struggle of the nobility against the 
 sovereign. That many beneficial concessions 
 were made by the kings to their people before the 
 age of authentic history, is not improbable. The 
 changes introduced by Theseus may be considered 
 in this light. But the first great step towards the 
 establishment of coiislituiirmal law appears to have 
 been taken by the Athenians, when they abridged 
 the power of the Medontidae, and rendered goveni- 
 ment responsible, Triv fiaaiKiiav fi^Tiarrjaav €is 
 dpxv" vvev6vvoi>, (Paus. iv. 5. § 10.) 
 
 The transition from customary or traditionary 
 law to fixed civil ordinances must have taken place 
 gradually. When people came to unite in cities 
 {(rvvuiKii^ovTo), and form compact societies, they 
 began to feel the necessity of having pennanent 
 laws to define and secure their civil rights. The 
 notion soon sprang up that society was formed for 
 the good of all classes. The expression rd kowSv, 
 formerly applied to national leagues and confede- 
 racies (Herod, v. 109), came to denote a united 
 body of citizens ; and equal laws were claimed for 
 all. From this body indeed were excluded all 
 such persons as came under the definition of irepi- 
 oiKoi, provincials (Herod, vi. 58 ; ix. 11), or serfs, 
 like the Helots ; and all slaves of every kind. It 
 was only the townsman {irn\trris) and the free- 
 man who could enjoy the privileges of a citizen. 
 The emigrant {dTif^-nros iJ.€ravacrTrjs) though, if he 
 became a resident (/ieroi/foy), he was upon certain 
 conditions admitted to the protection of the law. 
 was never jilaced on the same footing as the native. 
 
 Before any written codes appeared, law was pro- 
 mulgated by the poets or wise men, who sang the 
 great deeds of their ancestors, and delivered then 
 moral and political lessons in verse. Such was th( 
 pr^Tpa (declared law) of Sparta and Tarentum 
 
NO'MOS. 
 
 NOMOOE'THS. 
 
 643 
 
 The laws of Charondas were sung as crKoAia at 
 Athens. (Aflian, ii. 39 ; Arist. ProU. xix. 28 ; 
 Athenaeus, xiv. p. (;19 ; Wachsm. HcJl. Alt. i. i. p. 
 201. 208.) The influence exercised by these men 
 arose in a great measure from the Iielief that they 
 were divinely inspired ; a power which was ascrib- 
 ed to most of the ancient law-makers. Thus, the 
 laws of Minos were said to be a revelation from 
 Jupiter (Pausan. iii. 2. § 4); Lycurgus was tlie 
 confidant of the Delphic god ; Zaleucus of Pallas. 
 (Wachsm. i. i. p. 204.) Some have supposed that 
 the use of vo/j-os, in the sense of lau; was derived 
 from the circumst;ince of laws having first been in 
 verse, as the same word denotes measure or tu?ie. 
 But this is not suiin'ising, when we consider that 
 principles of harmony are necessary not only to 
 music and poetry, but to the adjustment of the 
 various relations of civil society ; and both mean- 
 ings may well be derived from veixeiv (dislribuere 
 suiim cuifjue). 
 
 As civilisation advanced, laws were reduced to 
 writing, in the shape either of regular codes or dis- 
 tinct ordinances, and afterwards publicly exhibited, 
 eiinraved on tablets, or hewn on columns. (Lj'C. c. 
 Line. 16.5. ed. Steph. ; Arist. Pol. v. 9. §2; Plato, 
 V. p. 738.) The first written laws we hear 
 of are those of Zaleucus. (Wachsm. i. i. 208.) The 
 first at Athens were those of Draco, called St^trixol, 
 and by that name distinguished from the vAfxoi of 
 Solon, f Andoc. f/fi iV/?/.rf. p. 11. ed. Steph.) From 
 the origin of this word one would suppose that it 
 signified ordained or statute law, reScls vofios : but 
 it is frequently used like Si^fJ-is, in the sense of 
 natural right or social usage. (Horn. 11. ix. 134; 
 xi. 778 ; Od. xxiii. 290.) The six inferior archons 
 were called dfcrfioBfrat, because a great variety of 
 causes fell under their cognizance, and, in the ab- 
 sence of a written code, those who declare and in- 
 terpret the laws may be properly said to make 
 them. (Thirlwall, Or. Hist. vol. ii. p. 17.) 
 
 The laws of Lj-curgus were not written. He 
 enjoined that they should never be inscribed on 
 any other tablet than the hearts of his country- 
 men. (Thirlwall, i. p. 336.) Those of Solon were 
 inscribed on wooden tablets, arranged in pjTamidal 
 blocks turning on an axis, called a^oj/es and KvpSeis. 
 (Harpocration and Suidas, s. v.; Plut. So!o?i. 25.) 
 They were first hung in the Acropolis, but after- 
 wards brought down to the Prytaneura. (Harpoc. 
 s. V. 'O KaTwdev v6fi09: Pausan. i. 18. § 3.) Ar- 
 chives were established for the custody of Athenian 
 laws in the temple of the mother of the ^ods (eV 
 jUTjTpww) with a public servant {Srjfiodws) to 
 take care of them. (Demosth. de Fa/s. Leg. 381 ; 
 c. Aristorj. 799.) Others were hung up in various 
 public places, so that any citizen might have access i 
 to them, to read or take extracts. For instance, i 
 laws which concerned the jurisdiction of the archon '• 
 were hung up in his office ; those which concerned 
 the senate {fiovKivriKol vofioi) in their council- i 
 room, and so on. (Demosth. c. Arisioc. 627. 643 ; ' 
 c. Tinioe. 706 ; Wachsm. i. i. p. 266 ; Meier and 
 Schiim. Ait. Proc. p. 170. 660.) After the expul- 1 
 sion of the thirty tjTants, in the archonship of Eucli- ( 
 des, a decree was passed by the assembly to re- i 
 store the ancient laws, and appoint a committee to ( 
 revise them, and propose any alterations or addi- i 
 tions that might seem necessary. The new and 1 
 old laws were all to be wi'itten out in the enlarged i 
 Ionian alphabet, which had not come into use in i 
 Solon's time ; and the whole code thus revised was '. 
 
 \ transcribed on the w;dls of the portico (eii r-fiv 
 ; aroav aVe'ypoifoc). At the same it was enacted 
 . that no magistrate should be allowed to use an un- 
 I written law {dypd(pa> 5e v6fUj> rds dpxds firi XPV<^- 
 0at firiSe trepl eVos, AnAoc. de Aft/st. 11 — 13. ed. 
 Steph.). 
 
 According to these statutes of Solon, and those 
 which were subsequently enacted at various times, 
 the magistrates and the judges at Athens were 
 bound to administer the law, executive and judi- 
 cial. The Heliastic body, acting in their capacity 
 of judges or jurors (as to their legislative see 
 NOMO0E'TH2) were sworn irepl /xev Siv v6fioi 
 elcT\, Kard tous vo/hovs ipTlipiuaBai, irepl S4 Sf jUT) 
 elat, yvw/xr} rfj SiKaioTarr). (Meier and Schiim. 
 Ati. Proe. p. 128.) In all causes, whether civil or 
 criminal, the parties procured copies or extracts of 
 such laws as were material to the questions to be 
 tried, and lirought them before the T^yefitov Si/ca<r- 
 Tnplov at the dvaKptcris, by whom they were con- 
 signed to the fxis")?, and produced at the trial, to 
 be read to the SiKaaTal by the ypap.p.aTe{>s. If 
 any man produced before the judges a fictitious 
 law {ovK ovra vo/xov), he was punishable with 
 death. (Demosth. c. Arist. 807.) 
 
 As the SiKa.<TTai (chosen as explained under 
 AIKA2TH'2) performed the fiinctions both of 
 judge and jury, it is evident that the important 
 question, how the laws of Athens worked, de- 
 pends on the discretion which in praetiee they 
 exercised in the interpretation of the written law. 
 This is only to be discovered by a careful perusal of 
 the Attic orators, and is too wide a question to be 
 discussed here. Much light is thrown on the sub- 
 ject by Aristotle (P/icf. i. 15), who, in treating of 
 judicial matters, always has in view the practice of 
 the Athenian courts. He reckons the vSfioi among 
 the drext'oi Tri'o-TCiy, and advises the orator, when 
 the law of the country is against him (idv 
 evdvTtos J) (! yeypa/j.fiivos rai irpdyiiari) to appeal 
 to the universal law of justice or equity (t^ Koivtf 
 v6ixu> Kal To7s (TTieiKfaii', us SiKaioTtpois). For 
 (says he) if the written law is contrary to justice, 
 it is not a law, ov ydp irotel rd ipyou rou v6ixov. 
 From this it may be seen, that the notions enter- 
 tained by the Athenians of the discretion to be ex- 
 ercised hy a judge were somewhat different from 
 our own. There existed at Athens no class of 
 persons corresponding to our counsel or attorneys, 
 whose business or profession it was to expound the 
 laws. The office of the 6|7)7T)Ta( related only to 
 religious observances. ['EHHrHTAI'.] Accord- 
 ing to the principle of the constitution, every 
 citizen was bound to watch over the preservation 
 of the laws, and to inform against and prosecute 
 any persons who transgressed them. The people, 
 either on the bench or in the assembly, were the 
 ultimate judges. (Lycurg. c. Leoc. 148. ed. Steph.) 
 
 As to the difference between fd/ios and ^ri<piafw., 
 and as to the manner in which laws were enacted 
 or repealed, see NOMO0E'TH2. [C. R. K.] 
 
 NOMOOE'THS, legislator, is a word which may 
 be applied to any person who causes laws to be 
 enacted. Thus, Pericles and Themistocles are 
 called i>op.o6dTai, movers or proposers of laws. 
 (Lys. c. A'icom. 186. ed. Steph.) It is, however, 
 more commonly given to those eminent men whose 
 laws have been celebrated for their intrinsic merit, 
 or for the important influence which they exercised 
 over the destinies of their country. Such were 
 Minos of Crete, Draco at Athens, Zaleucus at Locri 
 
 2 T 2 
 
644 
 
 NOMO0E'TH2. 
 
 NORMA. 
 
 and Charondas, whose laws were distingnislied 
 for their aKplSeia, and were received at Rhegimn, 
 Catana, and other Chalcidian states. (Aristot. I'ul. 
 ii. 9. § 8 ; Hermann. Po/. Ant. § 8fi, 89.) Many 
 other men have been honoured witli this title, either 
 for having improved the laws of their countrjTnen, 
 or as having by their writings, their counsel, and 
 good example, led to the introduction of a sound 
 moral discipline among them. These were the 
 sages or wise men, called by Diogenes Laertius 
 (i. 40) crvvfToi rices koI vofioB^TiKol. Pittacus of 
 Lesbos, Phidon of Argos, Thales of Miletus, Bias 
 of Priene, Chilon, who improved the laws of 
 Lycurgus, and Pythagoras, may be reckoned in this 
 class. (Wachsm. i. i. p. 21'2.) But the name 
 of vo/xo6(T7is is given (car' il^oxrlv to Solon and 
 Lycurgus ; for they not only introduced codes of 
 laws, but were the founders of miistiiidions (iroAi- 
 T€i'ai), which, though from time to time modified 
 and altered, and sometimes even suspended, re- 
 mained more or less in force, so long as Athens and 
 Sparta existed as republics. (Aristot. Pol. ii. 9. § 
 1.) So high was the esteem in which Solon was 
 held by the Athenians, as the founder of their 
 social polity, that although many important reforms 
 were effected at various periods, he still continued 
 to be regarded as ilie lawyiver (o' vofiodfrris), and 
 the whole body of laws passed under his name. 
 Wachsmuth (i. i. 268.) remarks that on this ac- 
 count, whenever a law of Solon is cited, wc may 
 suspect that it contains interpolation. On the other 
 hand, we should bear in mind that in all the 
 changes which took place in the Athenian consti- 
 tution, the refonners aimed at preserving the main 
 principles of Solon's policy. Clisthenes, who esta- 
 blished the Srjfioi, remodelled the <pv\ai, and made 
 other changes, is characterised by Aristotle {Pol. 
 ii. 6. § 11) as having for his object av^rjmt rriv 
 SriiJ.oKpaTiav. 
 
 There is this remarkable difference between the 
 legislation of Solon and that of other Greek law- 
 givers, that he did not (as they did) endeavour to 
 secure fixity and finality for his institutions. Za- 
 leucus and Charondas are said to have made it a 
 capital crime to propose new laws. Lycurgus for- 
 bade young men to censure the laws ; and when he 
 went on his last journey, from which he never re- 
 turned (the story says), he bound his countrymen 
 by an oath to observe all his laws till his return. 
 Solon exacted a similar oath of the Athenians for 
 only ten years. (Herod, i. 29 ; Wachsm. i. i. p. 
 211 ; Thiriwall, f^r. Hist. i. p. 295.) 
 
 But Solon also devised regulations by which the 
 laws might undergo periodical revision, and be 
 amended as occasion required. At the first Kvpia 
 iKK\i](ria in every year, any person was at liberty 
 to point out defects in the existing code or 
 propose alterations. If his motion was deemed 
 worthy of attention, the third assembly might 
 refer the matter to a legislative committee, called 
 vofioBerai. This committee was selected by lot 
 from the Ileliastic body ; it being the intention 
 of Solon to limit the power of the popular assembly 
 by means of a superior board emanating from itself, 
 composed of citizens of mature age, bound by a 
 stricter oath, and accustomed to weigh legal prin- 
 ciples by the exercise of their judicial functions. 
 The number of the committee, so appointed, varied 
 according to the exigency of the occasion. The 
 people appointed five advocates (<ruc5iKoi) to attend 
 before the board and maintain the policy of the 
 
 existing institution. If the proposed measure met 
 the approval of the committee, it passed into law 
 forthwith. Besides this, the Thesmothetae were 
 officially authorised to review the whole code, and 
 refer all statutes which they considered unworthy 
 of being retained to the voixoeirai. (Hennann. Pol. 
 Ant. § 131; Wachsm. i. i. p. 260; Thiriwall, ii. 
 p. 46 ; Demosth. c. Timnc. 706.) 
 
 Hence appears the difference between 4"?'P'<''M<' 
 and v6fios. The mere resolution of the people in 
 assembly was a )|/r{<pi(7^ia, and only remained in 
 force a year, like a decree of the senate. Nothing 
 was a law that did not pass the ordeal of the 
 voiio6erai. The democracy of Solon was therefore 
 one of that kind, in which (as Aristotle says), 
 Kvpiosijv 6 vS/xos, dW' ov to ttAtJAos. (Pol. iv. 4. 
 § 3; Hemiann, Pol. Ant. § 67. n. 8 ; Demosth. c. 
 Arh-ioc. 649. 651.) Pririlcyia required to be 
 passed by six thousand of the people in assembly, 
 giving their votes secretly. The naturalization of 
 a foreigner is an example of a privilegium ; for 
 which two votes of different assemblies were neces- 
 sary. (Demosth. c. A^cacr. 1375.) 
 
 Propositions to be submitted to the people, were 
 first approved by the senate of 500, and then 
 called irpoSuvKevfiaTa. The mover of a law was 
 said &eivai or ypdcpeiv vofiov, the people who passed 
 it be(Teai. To indict a man for proposing illegal 
 measures was called ypa(t>ea8a'i riva irapavS/xav. 
 As to the proceedings in such a case see HAPA- 
 NO'MnN rPA*H'. [C. R. K.] 
 
 NONAE. [Calendar (Roman).] 
 NORMA {yud/xoiv), a square, used by carpen- 
 ters, masons, and other artificers, to make their 
 work rectangular. ( Philo clc 7 orb. Sped. 2 ; Vi- 
 truv. vii. 3; Plin. //. xxxvi. 22. s. 51 ; Pru- 
 dent. Ps'i/chom. 828.) It was made by taking three 
 flat wooden nilers [Reoui.a] of equal thickness, 
 one of them being two feet ten inches long, the 
 others each two feet long, and joining them to- 
 gether by their extremities so as to assume the 
 form of a right-angled triangle. (Isid. Orirf. xix. 
 19.) This method, though only a close approxi- 
 mation, must have been quite sufiicient for all com- 
 mon purposes. For the sake of convenience, the 
 longest side, i. c. the hypotenuse of the triangle, 
 was discarded, and the instnmient then assumed 
 the form, in which it is exhibited among other 
 
 A 
 
 INSTRVMEN . TABR . TIGNAR. 
 
NOTA CENSORIA. 
 
 NOTA CENSORIA. 645 
 
 tools in the woodcut at p. 229. A square of a still 
 more simple fosliion, made by merely cutting a 
 rectangular piece out of a board, is shown on an- 
 other sepulchral monument, found at Rome and 
 published by Gruter(/. c. p. 229), and copied in the 
 • woodcut which is here introduced. 
 
 From the use of this instrument a right angle 
 
 ■ was also called a normal angle. (Quintil. xi. 3. p. 
 446. ed. Spalding.) Any thing mis-shapen was 
 called alnornm. (Hor. Sai. ii. 2, 3.) [J. Y.] 
 
 NOTA CENSO'RIA was the remark which 
 the censors in their lists wrote by the side of the 
 name of a Roman citizen who deserved censure for 
 misdemeanour or immoral conduct. For one im- 
 
 ■ portant branch of the power of the Roman censors 
 ' was the disciplina or cura morum, whence they are 
 I called by Cicero {jiro Clmnt. 26) praifecti morihus 
 
 et magvitri vcieris disciplinae ct scvcritatis. This 
 ! part of the censorial power appears at first to have 
 ' extended no further than to censure and to punish 
 the bad conduct of a citizen in so far as it had 
 an injurious influence on his census (Liv. iv. 
 8), but gradually it acquired the character of a 
 complete superintendence of the whole private and 
 public life of a citizen. This part of their office 
 invested them with a peculiar kind of jurisdiction, 
 which in many respects resembles that which in 
 modem times is exercised by public opinion ; for 
 there are innumerable actions which, though ac- 
 kuuwledged by every one to be bad and immoral, 
 yet do not come within the reach of the positive 
 i laws of a country. Even in cases of real crimes, tlie 
 j positive laws frequently punish only the particular 
 olfence, while in public opinion the ofl'ender, even 
 I after he has undergone punishment, is still incapa- 
 citated for certain honours and distinctions which 
 are granted only to persons of unblemished cha- 
 racter. Hence the Roman censors might brand a 
 man with their nota censoria in case he had been 
 convicted of a crime in an ordinary court of justice, 
 and had already suffered punishment for it. (Val. 
 Max. ii. 9. § 6.) The nota censoria, also called 
 animadversio or notulio censoria, together with the 
 punishment and the cause of its infliction, were 
 marked by the side of the name of the guilty 
 citizen {causam notae suhscrihcre, Gellius, xvii. 21 ; 
 Cic. pro Cljient. 42). The consequence of such a 
 nota was only iijnominia and not infamia (Cic. de 
 Rep. iv. 6) [Ini'-amia (Roman), p. 513], and the 
 j; censorial verdict was not a judicium or res judicata 
 I (Cic.^)ro Clueut. I. c), for its effects were not lasting, 
 but might be remedied by the improved conduct of 
 the guilty person, or removed by the following cen- 
 sors, by a judicial decision or byalex. Anotacensoria 
 was moreover not valid, unless both censors agreed. 
 Tlie ignominia was thus only a transitory capitis 
 diminutio, which does not even appear to have de- 
 prived a magistrate of his office (Liv. xxiv. 18), 
 and certainly did not disqualify persons labouring 
 under it for obtiiining a magistracy, for being ap- 
 pointed as judiees by the praetor, or for serving in 
 the Roman armies. Mam. Aemilius was thus, 
 notwithstanding the animadversio censoria, made 
 dictator. (Liv. iv. 31.) 
 
 A person might be branded with a censorial 
 nota in a variety of cases, which it would be impos- 
 sible to specify, as in a great many instances it de- 
 pended upon the discretion of the censors and the 
 view they took of a case ; and sometimes even one 
 set of censors would overlook an offence which was 
 se\'erely chastised by their successors. (Cic. Dc 
 
 Senect. 12.) But the offences which are recorded 
 to have been punished by the censors are of a 
 threefold nature. 
 
 L Such as occurred in the private life of indivi- 
 duals, c. y. 1. Living in celibacy at a time when a 
 person ouglit to be married to provide the state 
 with citizens. (Val. Max. ii. 9. § 1.) The obliga- 
 tion of marrying was frequently impressed upon 
 the citizens by the censors, and the refusal to fulfil 
 it was punished with a fine («cs ujtorium, Fest.s.ti. 
 LLvorium ; Liv. I'^pit. 59 ; Plut. Camill. 2 ; Gel- 
 lius, i. 0' ; iv. 20). 2. The dissolution of matri- 
 mony or betrotlnnent in an improper way, or for 
 insuthcient reasons. (Val. Max. ii. 9. § 2 ; Varro, 
 JJe Lint/. Lat. v. p. 70. Bipont.) 3. Improper 
 conduct towards one's wife or children, as well as 
 harshness or too great indidgence towards children, 
 and disobedience of the latter towards their pa- 
 rents. (Plut. Cat. Maj. 17 ; compare Cic. De Rep. 
 iv. 6 ; Dionys. xx. 3.) 4. Inordinate and luxuri- 
 ous mode of living, or spending more money than 
 was proper. A great many iirstances of tliis kind 
 are recorded. (Liv. Ejnt. 14; xxxix. 44; Plut. 
 Cat. Maj. 18 ; G(41ius, iv. 8 ; Val. Max. ii. 9. § 4.) 
 At a later time the leges sumtuariae were made to 
 check tlie growing love of luxuries. 5. Neglect 
 and carelessness in cultivating one's fields. (Gel- 
 lius, iv. 12 ; Plin. //. A^. xviii. 3.) 6. Cruelty 
 towards slaves or clients. (Dionys. xx. 3.) 7. The 
 carrying on of a disreputable trade or occupation 
 (Dionys. c), such as acting in the theatres. (Liv. 
 vii. 2.) 8. Legacy-hunting, defrauding orphans, 
 &c. 
 
 II. Offences committed in public life, either in 
 the capacity of a public ofticer or against magi- 
 strates. 1. If a magistrate acted in a manner not 
 befitting his dignity as an officer, if he was acces- 
 sible to bribes, or forged auspices. (Cic. De Senecl. 
 12 ; Liv. xxxix. 42; Val. Max. ii. 9. § 3 ; Plut. 
 Cat. Maj. 17 ; Cic. De Divin. i. 16.) 2. Impro- 
 per conduct towards a magistrate, or the attempt 
 to limit his power or to abrogate a law which the 
 censors thought necessary. (Liv. iv. 24 ; Cic. De 
 Orat. ii. 64 ; Val. Max. ii. 9. § 5 ; Gellius, iv. 20.) 
 3. Perjury. (Cic. De Off. i. 13; Liv. xxiv. 18; 
 Gellius, vii. 18.) 4. Neglect, disobedience, and 
 cowardice of soldiers in the army. (Val. Max. ii. 9. 
 § 7; Liv. xxiv. 18 ; xxvii. 11.) 5. The keeping of 
 the equus publicus in bad condition. [Equites.] 
 
 III. A variety of actions or pursuits, which 
 were thought to be injurious to public morality, 
 might be forbidden by the censors by an edict 
 (Gellius, XV. II), and those who acted contrary to 
 such edicts were branded with the nota and de- 
 graded. For an enumeration of the ottences that 
 might be punished by the censors with ignominia, 
 see Niebuhr, Hist, of Rome, ii. p. 399, &c. 
 
 The punishments inflicted by the censors gene- 
 rally differed according to the station which a man 
 occupied, though sometimes a person of the highest 
 rank might suffer all the punishments at once, by 
 being degraded to the lowest class of citizens. But 
 they are generally divided into four classes : — 
 
 1. JSlotio or ejcctio e senatu, or the exclusion of a 
 man from the number of senators. This punish- 
 ment might either be a simple exclusion from the 
 list of senators, or the person might at the same 
 time be excluded from the tribes and degraded to 
 the rank of an aerarian. (Liv. xxiv. 18.) The 
 latter course seems to have been seldom adopted ; 
 the ordinary mode of inflicting the punishment was 
 
646 NOTITIA DIGNITATUM. 
 
 NOVI HOMINES. 
 
 simply this : the censors in their new lists omitted 
 the names of such senators as they wished to ex- 
 clude, and in reading these new lists in public, 
 passed over the names of those who were no longer 
 to be senators. Hence the expression praetei-iti 
 sciialores is equivalent to e senatu ejecti. (Liv. 
 xxxviii. 28; xxvii. 11; x.xxiv. 44; Fest. s. v. 
 I'nieieriii.) In some cases, however, the censors 
 did not acquiesce in this simple mode of proceed- 
 ing, but addressed the senator whom they had 
 noted, and publicly reprimanded him for his con- 
 duct. (Liv. xxiv. 18.) As, however, in ordinarj^ 
 cases an ex-senator was not disqualified by his 
 ignominia for holding any of the magistracies which 
 opened the way to the senate, he might at the next 
 census again become a senator. (Cic. pro Cluent. 
 42 ; Pint. Cic. 1 7.) 
 
 2. The atlemptiu equi, or the taking away the 
 equus publicus from an eques. This punishment 
 might likewise be simple, or combined with the ex- 
 clusion from the tribes and the degradation to the 
 rank of an aerarian. (Liv. xxiv. 18. 43 ; xxvii. 
 11 ; xxix. 37 ; xliii. 16.) [Equitks, p. 395.] 
 
 3. The motio e trihu, or the exclusion of a person 
 from his tribe. This punishment and the degra- 
 dation to the rank of an aerarian were originally 
 the same ; but when in the course of time a dis- 
 tinction was made between the tribus rusticae and 
 the tribus urbanae, the motio e tribu transferred a 
 person from the rustic tribes to the less respectable 
 city tribes, and if the further degradation to the 
 rank of an aerarian was combined with the motio 
 e tribu, it was always expressly stated. (Liv. xlv. 
 15 ; Plin. A^. xviii. 3.) 
 
 4. The fourth punishment was called referre in 
 aerarios (Liv. xxiv. 18 ; Cic. pro Cliient. 43) or 
 fucere alujuem acrarium (Liv. xxiv. 43), and might 
 
 be inflicted on any person whom the censors 
 thought to deserve it. [Aerarii.] This degrada- 
 tion, properly speaking, included all the other 
 punishments, for an eques could not be made an 
 aerarius unless he was previously deprived of his 
 horse, nor could a member of a rustic tribe be made 
 an aerarius unless he was previously excluded from 
 it. (Liv. iv. 24 ; xxiv. 18, &c.) 
 
 A person who had been branded with a nota 
 censoria, might, if he thought himself wronged, 
 endeavour to prove his innocence to the censors 
 {caimam agere apud censores, Varro, de Re Rust. i. 
 7), and if he did not succeed, he might try to gain 
 the protection of one of the censors, that he might 
 intercede on his behalf. If neither of the censors 
 would intercede, he might appeal to the tribunes 
 or to the people itself. But cases in which this 
 last refuge was resorted to must have occurred very 
 seldom, and where they happened, they were 
 mostly imsuccessful attempts ; whence Dionysius 
 (xviii. 19) with some justice says, that the censor- 
 ship was an apx'i d^'virevBuvos. (Compare Gottling, 
 6'esc/i. d. R'lhii. Staatsv. p. 340, &c.) [L. S.] 
 
 NOTA'RII. [LiBRARii.] 
 
 NOTI'TIA DIGNITA'TUM, or more f^dly, 
 " Notitia Dignitatum et Administrationum omnium 
 tam Civilium (juam Militarium in partibus Orientis 
 et Occidentis," is the title of a work, containing 
 a list of the civil and military offices and dignities 
 of the Roman empire. It does not contain the 
 names of any otticers, but merely the titles be- 
 longing to them. The work is of very great 
 imj)ortance to those who wish to become ac- 
 quainted with the internal organisation and ad- 
 
 ministration of the Roman empire during its latter 
 period. At what time the book was written, or 
 by what author, is unknown, though it is gene- 
 rally supposed that it was composed between the 
 year a. d. 425 and 452. The last edition of it is 
 that by E. Biicking, in 2 vols. 8vo., Bonn, 1839 
 and 1840. [L. S.] 
 
 NOVA'LE. [Aratrum, p. 70.] 
 NOVA'TIO. [Obligationes, p. 655.] 
 NOVELLAE or NOVELLAE CONSTITU- 
 TIO'NES form a part of the Corpus Juris. Most 
 of them were published in Greek, and their Greek 
 title is AvTOKparopos 'lovariviavov AvyovcTTov 
 Ncapat Aiarafeij. Some of them were published 
 in Latin and some in both languages. The first of 
 these Novellae of Justinian belongs to the year 
 a. d. 535 (Nov. 1), and the latest to the year a. d. 
 565 (Nov. 137) ; but most of them were published 
 between the years 535 and 539. These Constitu- 
 tiones were published after the completion of the 
 second edition of the Code, for the purpose of supply- 
 ing what was deficient in that work. Indeed it ap- 
 pears that on the completion of his second edition of 
 the Code the Emperor designed to form any new 
 constitutions, which he might publish, into a body 
 by themselves so as to render a third revision of the 
 Code unnecessary, and that he contemplated giving 
 to this body of law the name of Novellae Constitu- 
 tiones. (Const. Cordi. s. 4.) It does not how- 
 ever appear that any official compilation of these 
 new constitutions appeared in the lifetime of Jus- 
 tinian. The Greek text of the Novellae as we 
 now have them, consists of 168 Novellae, of which 
 159 belong to Justinian, and the rest to Justin the 
 second and to Tiberius : they are generally divided 
 into chapters. 
 
 There is a Latin Epitome of these Novellae by 
 Julian a teacher of law at Constantinople, which 
 contains 125 Novellae. The Epitome was pro- 
 bably made in the time of Justinian, and the 
 author was probably Antecessor at Constantinople. 
 
 There is also another collection of 134 Novel- 
 lae, in a Latin version made from the Greek text. 
 This collection is generally called Liber Authen- 
 ticorum : the compiler and the time of the com- 
 pilation are unknown. This collection has been 
 made independently of the Greek compilation. It 
 is divided into nine CoUationes, and the Colla- 
 tiones are divided into tituli. 
 
 The most complete work on the history of the 
 Novellae is by Biener, GeschichUt der Novellen. See 
 also Beytrag zur Littcrar-Geschidde des Novellen- 
 Auszugs von Julian, Von Haubold, Zeitschrift, 
 ^c. iv. [G. L.] 
 
 NOVEMBER. [Calendar (Roman).] 
 NOVENDIA'LE (sc. sacrum) was the name 
 given to two dififerent festivals. I. It was the 
 name of a festival lasting nine days, which was 
 celebrated as often as stones rained from heaven. 
 It was originally instituted by TuUus Hostilius, 
 when there was a shower of stones upon theMons 
 Albanus, and was frequently celebrated in later 
 times. (Liv. i. 31; xxi. 62; xxv. 7; xxvi. 23; 
 xxvii. 37 ; xxix. 34.) II. This name was also 
 given to the sacrifice performed nine days after a 
 funeral. [Funus, p. 442.] 
 
 NOVI HO'MINES. After the senate and the 
 higher offices of the state were opened to the ple- 
 beians, a new order of nobiUty arose, and the term 
 NtMles was applied to those persons whose ances- 
 tors had been Magistratus Caiules. [Magistra- 
 
NOXALIS ACTIO. 
 
 NYM*Amro'2. 
 
 647 
 
 .TUS.] Those persons, on the contrary, whose 
 ancestors had not been so distinguished, were called 
 Ignubilca ; and when those who belonged to the 
 latter class obtained any of the higher magistra- 
 cies, they were called iVbi'i Homines or upstarts. 
 (Cic. c. Rail. ii. 1, 2 ; pro Cluent. 40 ; Appian, 
 de Bell. Civ. ii. 2 ; Plut. Goto Maj. 1.) The 
 Nobiles attempted to keep all the higher offices of 
 the state in their owb body, and Wolently opposed 
 all candidates who did not belong to their order. 
 (Liv. xxii. 34,35 ; xxxix. 41 ; Sallust. Bell. Jmj. 
 73.) Some of the most distinguished men in the 
 jtate were, however, Novi Homines, as T. Corun- 
 canius, who lived before the first Punic war, Sp. 
 Carvilius, M. Cato, Mmnmius, the conqueror of 
 Achaia, C. Marius, and Cicero. (Vellei. Pat. ii. 
 128 ; Walter, Oeseh. des Bom. Reckts, p. 125.) 
 
 NOVI O'PERIS NUNTIA'TIO. [Operis 
 Novi Nuntiatio.] 
 
 NOXA. [NoxALis Actio.] 
 
 NOXA'LIS ACTIO. If a filiusfamilias or a 
 slave committed theft or injuria, the person injured 
 had a Noxalis Actio, or a legal remedy for the Noxa 
 or wrong done to him, against the father (puter- 
 familias) or the owner of the slave, as the case 
 might be ; but he had no action against the son or 
 the slave. The word Noxa (from noc, eo) properly 
 signified injury done; in its legal sense it compre- 
 hended every delictum. (Dig. 50. tit. 16. s. 238.) 
 The father or the master might either pay damages 
 to the injured person, or surrender the offender to 
 him. The surrender of the oifender was expressed 
 by the phrase " noxae dare or dedere ;" and the 
 acceptance of the offender in satisfaction of the in- 
 jury was expressed by the phrase " noxae ac- 
 cipere : " in these expressions " noxa " does not 
 mean " punishment," as is sometimes supposed, 
 but the meaning of the expression is that the per- 
 son was surrendered in respect of or as a compen- 
 sation for his Noxa. In the Institutes (iv. tit. 
 8.) Noxa is defined to be the person or thing that 
 does the mischief, and Noxia the mischief that is 
 done. 
 
 Noxales Actiones were given both by Leges and 
 by the Edict. In the case of Furtum they were 
 given by the Twelve Tables ; and in the case of 
 Damni Injuria by the Lex Aquilia. In the case 
 of Injuriae and of Vi Bonorum Raptorima, they 
 were given by the Edict. This action was said 
 " caput sequi," which is thus explained by in- 
 stances : if a son or slave committed Noxa, the 
 action was against the father or owner, so long as 
 the oifender was in his power ; if the otfender be- 
 came sui juris, the injured party had a directa actio 
 against him ; and if he came into the power of an- 
 other person, that other person was liable to the 
 action. If a paterfamilias committed a Noxa, and 
 was adopted (adrogated), the actio which was 
 originally against him (directa), became an action 
 against the adopting person. A paterfamilias or 
 master could have no action against a son or slave 
 in respect of a Noxa done to him, the ground of 
 which was that no obligatio could be contracted 
 between such parties ; and as the foundation of all 
 obligatio was wanting in such case, it followed that 
 there could be no action against such son or slave, 
 if he became sui juris, nor against another person 
 into whose power he might come. If another per- 
 son's slave or son committed Noxa, and then came 
 into the power of the injured person, it was a ques- 
 tion between the two schools whether the right of 
 
 action was extinguished, or only suspended so as 
 to revive in case the otfending party was released 
 from the power of the injured person. The 
 opinion of the Proculiani, which was in favour of 
 the suspension only, appears more consistent with 
 the principles on which this right of action was 
 founded. 
 
 The mode of the " noxae deditio " was by man- 
 cipatio. The Proculiani contended that three man- 
 cipationes were required by the Law of the Twelve 
 Tables [Emancipatio] ; but the Sabiniani con- 
 tended that the Law only applied to the case of 
 voluntary mancipations, and that one mancipatio 
 was sufficient. 
 
 If the father or owner made no defence to a 
 noxalis actio, the offender was given up by a de- 
 cree of the praetor to the injured person, and thus 
 became his praetorian property {in bonis). If seve- 
 ral slaves committed theft, the Edict required the 
 master to pay only the amount of damage which 
 would be payable, in case a single freeman liad 
 committed the theft. 
 
 Justinian abolished the noxae datio in the case 
 of children ; observing that it appeared from the 
 ancient jurists, that there might be an action 
 against a filiusfamilias in respect of his delicts. 
 
 (Gains, iv. 75—79 ; InstU. iv. tit. 8 ; Dig. 9. 
 tit. 4.) [O. L.] 
 
 NUDIPEDA'LIA. [Calceus, p. 174.] 
 
 NUDUS {yvfj-uo^). These words, besides de- 
 noting absolute nakedness, which was to be avafx- 
 irixpvos KoX ax'Twt' (compare Moschus, iv. 98), 
 were applied to any one who, being without an 
 A.-MicTus, wore only his tunic or indutus. (Aris- 
 toph. Eccles. 409 ; John xxi. 7.) In this state of 
 nudity the ancients performed the operations of 
 ploughing, sowing, and reaping. (lies. Op. et Dies, 
 391 ; Proclus ad loc. ; Virg. Georg. i. 299 ; Servius 
 ad loc. ; Aelian, V. H. vi. 1 1 ; xiii. 27 ; Matt. xxiv. 
 18.) Thus Cmcinnatus was found naked at the 
 plough when he was called to be dicUitor, and 
 sent for his tot/a, that he might appear before the 
 senate. (Plin. //. N. xviii. 4; Aur. Victor </e Vir. 
 Illust. 17 ; Liv. iii. 26.) The accompanying wood- 
 cut is taken from an antique gem in the Florentine 
 Collection, and shows a man ploughing in his tunic 
 
 only. The light and thin clothing of 'ETAl'PAI 
 was denoted by the use of the same epithets. 
 (Athen. xiii. 24, 25.) [Coa Vestis.] 
 
 This tenn applied to the warrior expressed the 
 absence of some part of his armour. (Horn. II. xxi. 
 50 ; Jos. Ant. Jud. vi. 2. § 2 ; Cell. ix. 13 ; Xen. 
 de Rep. Lac. xi. 9.) Hence the light-anned were 
 called yvixvrjT^s. [.Vrm.4., p. 84.] [J. Y.] 
 
 NUMMULA'RII or NUMULA'RII. [Men- 
 
 SARII.] 
 
 NUMMUS or NUMUS. [Sestertius.] 
 NTM^Arnro'2. [Marriage (Greek), p.599.] 
 
G48 
 
 NUNDINAE. 
 
 NUPTIAE. 
 
 NUNCUPA'RE. [Testamentum.J 
 NU'NDINAE is invariably and justly derived 
 by all the ancient writers from novem and dks, so 
 that it literally signifies the ninth day. (Dionys. 
 Ant. Rom. vii. p. 463; Macrob. Sat. i. 16 ; Festus, 
 s. V. Numlinak'jn Cocu?n.) In ancient Calendaria 
 all the days of the year, beginning with the first of 
 January, are divided into what we may call weeks, 
 each containing eight days which are marked by 
 the letters A, B, C, D, E, F, G, H. Now it is 
 admitted on all hands that tliis division is made to 
 mark the nundinae, for every eighth day, accord- 
 ing to our mode of speaking, was a nundinae. There 
 were thus always seven ordinary days between 
 two nundinae. The Romans in their peculiar 
 mode of reckoning added these two nundinae to 
 the seven ordinary days, and consequently said 
 that the nundinae recurred every ninth day, and 
 called them nundinae, as it were novcmdinae. A 
 similar mode of stating the number of days in a 
 week is still customary in Gennany, where, in com- 
 mon Ufe, the expression ei(/ht days is used for a 
 week, and the French and Italians in the same 
 manner call a fortnight quinze jours and quindici 
 giorni. 
 
 The number of nundinae in the ancient year of 
 ten months was 38 ; and care was always taken 
 that they should not fall on the calends of January 
 nor upon the nones of any month (Macrob. Sat. i. 
 13 ; Dion Cass. xl. 47 ; xlviii. 33), and in order to 
 effect this, the 3.55th day of the lunar year (dies 
 i?itemdaris) was inserted in such a manner as to 
 avoid the coincidence of the nundinae with the 
 primae calendae or the nones. Macrobius says 
 that it was generally believed that if the nundinae 
 fell upon the primae calendae, the whole year 
 would be signalised by misfortunes ; the nones 
 were avoided because the birthday of king Servius 
 TuUius was celebrated on the nones of every 
 month, as it was known that he was born on the 
 nones of some month, though the month itself was 
 not known. Now, as on the nundines, the coun- 
 try-folk (plebeians) assembled in the city, the 
 patricians feared lest the plebeians assembled at 
 Rome on the nones might become excited and en- 
 danger the peace of the republic. These reasons 
 are indeed very unsatisfactory, as Gdttling (Gesch. 
 der Rom. Stuatstv. p. 183) has shown, and it is 
 more probable that the calends of January were ill 
 suited to be nundinae, because this day was gene- 
 rally spent by every father in the bosom of his 
 own family, and that the nones were avoided, be- 
 cause, as Ovid {Fast. i. 58) says, Nonarum tutcla 
 deo caret. But at the time when the Julian calen- 
 dar was introduced, these scniples, whatever they 
 may have been, were neglected, and in several 
 ancient calendaria the nundinae fall on the first of 
 January as well as on the nones. (See Graev. 
 Thesanr. viii. p. 7, and the Calendarium given in 
 the article Calendar.) Both before and after 
 the time of Caesar it was sometimes thought neces- 
 sary, for religious reasons, to transfer the nundinae 
 from the day on which they shoidd have fallen to 
 another one. (Dion Cass. Ix. 24.) The nundinae 
 themselves were, according to Plutarch {Quaest. 
 Rom. p. 275. b), sacred to Saturn, and, according 
 to Granius Licinianus {ap. Macrob. Sat. i. 16) the 
 Flaminica oifered at all nundinae a sacrifice of a 
 ram to Jupiter. 
 
 It is uncertiiin to whom the institution of the 
 nundinae is to be ascribed, for some say that it was 
 
 Romulus (Dionys. ii. p. 98. Sylb. ; Tuditanus, up. 
 Macrob. Sat. I. c), and others that it was Servius 
 TuUius (Cassius Hemina, up. Macrob. I. c), who 
 instituted them, while the nature of the things for 
 which they were originally set apart seems to show 
 that their institution was as old as the Romulian 
 year of ten months, or at least that they were in- 
 stituted at the time when the Roman population 
 extended beyond the precincts of the city itself. 
 For the nundinae were originally market-days for 
 the country foIl<;, on wliich they came to Rome to 
 sell the produce of their labour, and on which the 
 king settled the legal disputes among them. When, 
 therefore, we read that the nundinae were feriae, 
 or dies nefasti, and that no comitia were allowed 
 to be held, we have to understand this of the po- 
 pulus, and not of the plebes ; and while for the 
 populus the nimdinae were feriae, they were real 
 days of business (dies fasti or comitialcs) for the 
 plebeians, who on these occasions pleaded their 
 causes with members of their own order, and held 
 their public meetings (the ancient comitia of the 
 plebeians) and debates on such matters as concern- 
 ed their own order, or to discuss which they were 
 invited by the senate. (Dionys. vii. p. 463; Ma- 
 crob. I. c. ; Plin. H. N. xviii. 3 ; Festus, s. v. Nun- 
 dinas; compare Niebuhr, Hist, of Rome, ii. p. 213, 
 &c.) How long this distinction existed that the 
 nundinae were nefasti for the patricians and fasti 
 for the plebeians, is not quite clear. In the law of 
 the Twelve Tables they appear to have been re- 
 garded as fasti for both orders (Gellius, xx. 1. § 
 49), though, according to Granius Licinianus. {ap. 
 Macrob. I. c), this change was introduced at a 
 later time by the Lex Hortensia, 286 B. c. This 
 innovation, whenever it was introduced, facilitated 
 the attendance of the plebeians at the comitia cen- 
 turiata. In the ancient calendaria, therefore, the 
 nundinae and dies fasti coincide. The subjects 
 to be laid before the comitia, whether they were 
 proposals for new laws or the appointment of offi- 
 cers, were announced to the people three nundinae 
 beforehand (trinundino die proponere, Macrob. I. c; 
 Cic. ad Fam. xvi. 12 ; Philip, v. 3 ; pro Domo, 
 16 ; Liv. iii. 35.) 
 
 The nundinae being thus at all times days of 
 business for the plebeians (at first exclusively for 
 them, and afterwards for the patricians also), the 
 proceedings of the tribunes of the people were con- 
 fined to these days, and it was necessary that they 
 should be terminated in one day ( Dionys. ix. p. 598), 
 that is, if a proposition did not come to a decision 
 in one day it was lost, and if it was to be brought 
 again before the people, the tribunes were obliged 
 to announce it three nundines beforehand, as if it 
 were quite a new subject. 
 
 Instead of uu7idinae the form nmdinum is some- 
 times used, but only when it is preceded by a 
 numeral, as in trinundinum, or trinuni nimdinum. 
 (See the passages above referred to.) It is also 
 used in the expression internimdinum or inter 
 nundinum, that is, the time which elapses between 
 two nundinae. (Varro and Lucil. apud Nonium, 
 iii. 1 45.) The word nundinae is sometimes used 
 to designate a market-place or a time for marketing 
 in general. (Cic. dc Leg. Agr. ii. 33 ; Philip, v. 4.) 
 
 [L. S.] 
 
 NU'NDINUM. [Nundinae.] 
 NUNTIA'TIO. [Operis Novi Nuntiatio.] 
 NU'PTIAE. [Marriage (Roman).] 
 
OATH (GEEEK). 
 
 0. 
 
 OATH (GREEK). An oath (op/cos) is an ap- 
 peal to some superior being, calling on him to bear 
 witness that the swearer speaks the truth, or in- 
 tends to perform the promise which he makes. 
 Hence the expressions iffrw ZeOs, deov /uaprupo- 
 IJ-ai, and others of the same import, so frequently 
 used in the taking of oaths. (Soph. Track. 'i99 ; 
 Anli(/. 184 ; St. Paul, Oalat. i. 20.) It is obvious 
 that such an appeal implies a belief, not only in the 
 existence of the being so called upon, but also in 
 his power and inclination to punish the false 
 swearer ; and the force of an oath is founded on 
 this belief. Hence an oath is called &ecSf opKOS. 
 (Hom. Hi/m. ad Merc. 272. 515 ; Find. 01. vii. 
 119.) Zei)s opKios (Soph. Philoct. 13-24) is the 
 god who has regard to oaths, and punishes their 
 violation. Z-^c' c'xwi' eTru/j-OToy (Soph. Track. 
 1190) means (according to Suidas) opKou 4y- 
 •yvT\Tr\v. 
 
 We iind early mention in the Greek writers of 
 oaths being taken on solemn and important oc- 
 casions, as treaties, alliances, vows, compacts, and 
 agreements, both between nations and individuals. 
 Thus, when the Greeks and Trojans agree to de- 
 cide the fate of the war by a single combat between 
 Menelaus and Paris, they ratify their agreement 
 by an oath. {II. iii. 276.) The alliance between 
 Croesus and the Lacedaemonians is confirmed by 
 oath. (Herod, i. (i9.) So is the treaty between 
 the Medes and Lydians, whose rites in swearing 
 (as Herodotus tells us, i. 74) were the same as 
 those of the Greeks, with this addition, that they 
 made an incision in their arms and tasted each 
 other's blood. We may further notice the treaty 
 of peace between the Athenians and Peloponne- 
 sians, upon which every state was to swear 67ri- 
 Xc^ipiov opKov Tov fieytcTTov (Thucj'd. v. 47), the 
 vow of the Ionian women (Herod, i. 14b'), that of 
 the Phocaeans (Id. 10'5), and the promise of Circe 
 to Ulysses {Od. x. 345). The reliance placed in 
 an oath is specially shown in the dialogue between 
 Aegeus and Medea in Eurip. Med. 736 — 760 ; 
 and the speech of Minerva in Eurip. Suppl. 1196. 
 For other examples we refer the reader to Soph. 
 Oed.Tyr. 647, Oed. Col. 1637, Trachiii. II83; 
 Herod, vi. 74 ; Hom. //, ix. 1 32. 
 
 That the Greeks (as a nation) were deeply im- 
 bued with religious feeling, and paid high regard 
 to the sanctity of oaths, may be gathered from the 
 whole tenor of their early history, and especially 
 fi'om the writings of the poets, Homer, Aeschylus, 
 and Pindar. (See Thirlwall, Hist of Greece, vol. i. 
 c. vi. § 3.) They prided themselves on being supe- 
 rior in this respect to the bai'barians. (Aelian. xiv. 
 2.) The treacherous equivocation practised by the 
 Persians at the siege of Barca (Herod, iv. 201) 
 would have been repugnant to the feelings of a peo- 
 ple, whose greatest hero declared that he hated 
 like hell one 
 
 /Z. ix. 313. ' 
 
 The poets frequently allude to the punishment 
 of perjury after death, which they assign to the 
 infernal gods or furies (Hom. iv. 157, xix. 260 ; 
 Pind. Olymp. ii. 118 ; Aristoph. Ran. 274) ; and 
 we find many proofs of a persuasion that perjurers 
 
 OATH (GREEK). 649 
 
 would not prosper in this world. (Hom. II. iv. 
 67. 270, vii. 351 ; Hesiod. Op. et Dies, 280 ; 
 Thuc. vii. 18.) One of the most striking is the 
 story told by Leutychides to the Athenians, of 
 Glaucus the Spartan, who consulted the Pythian 
 oracle whether he should restore a deposit, or deny 
 on oath that he had ever received it ; and who, for 
 merely deliberating upon such a question, was cut 
 off with his whole family. (Herod, vi. 86; Pausan. 
 ii. 18. 149, viii. 7. 612 ; Juv. Sat. xiii. 202.) 
 
 Anciently the person who took an oath stood 
 up, and lifted his hands to heaven, as he would in 
 prayer ; for an oath was a species of prayer, and 
 required the same sort of ceremony. (Hom. II. 
 xix. 175. 254 ; Pind. 01. vii. 119.) Oaths were 
 frequently accompanied with sacrifice or libation. 
 (Hom. II. iv. 158 ; Aristoph. Ackarii. 148, Vap. 
 1048.) Both sacrifice and libation are used in the 
 compact of the Greeks and Trojans in II. iii. 276. 
 The victims on such occasions were not eaten, but, 
 if sacrificed by the people of the country, were 
 buried in the ground ; if by strangers, were thrown 
 into the sea or a river. [II. iii. 310 ; xix. 267.) 
 
 The parties used also to lay their hands upon 
 the victims, or on the altar, or some other sacred 
 thing, as if by so doing they brought before them 
 the deity, by whom the oath was sworn, and made 
 him witness of the ceremony. Hence the expres- 
 sions TTpos TOV fiwfxov e^opid^€ii-; ofxvvvai Kad' 
 iepwv, (See Reiske, Iiidex ad Dcin. s. v.' Ofxvvvai ; 
 Harpocr. s. v. Ai9os ; Thuc. v. 47 ; Goeller, ad loc, ; 
 Juv. Sat. xiv. 219 ; Ovid, Epist. Dido ad Acn. 
 129.) In Homer {II. xiv. 270), Juno, making a 
 solemn promise to Sleep, takes the Earth in one 
 hand and Heaven in the other, and swears by 
 Styx and the subterranean gods. To touch the 
 head, hand, or other part of the body, of the per- 
 son to whom the promise was made, was a common 
 custom. The hand especially was regarded as a 
 pledge of fidelity, and the allusions to the junction 
 of hands in making contracts and agreements 
 abound in the ancient writers. (Eurip. Medea, 
 496 ; Soph. Pkiioct.U2, Track. 1183 ; Ovid, ^;>. 
 Pkyllis odDcmopjk. 21, Briseis ad Ack. 107; Hom. 
 Ilyiii. ad Ven. 26.) Other superstitious rites were 
 often superadded, to give greater solemnity to the 
 ceremony (Aesch. Sejit. e. Tlich. 42 ; Soph. Aniiij. 
 264 ; Demosth. c. Con. 1269), which appear to be 
 ridiculed by Aristophanes {Lysist. 188). 
 
 The ditt'erent nations of Greece swore by their 
 own peculiar gods and heroes ; as the Thebans by 
 Hercules, lolaus, &c., the Lacedaemonians by 
 Castor and Pollux, the Corinthians by Neptune 
 (Aristoph. Ackarn. 774. 860. 867; E(juiics, 609: 
 Lysist. 81. 148.); the Athenians swore principally 
 by Jupiter, Minerva, Apollo (their irarpti/os i&eos), 
 Ceres, and Bacchus. 
 
 The otHce or character of the party, or the place, 
 or the occasion often suggested the oath to be 
 taken. Thus, Iphigenia the priestess swears by 
 Diana in Euiip. Ijdi. in Tauris. Menelaus bids 
 Antilochus swear by Neptune (the equestrian god), 
 the subject being on horses. (//. xxiii. 585.) So 
 Philippides, in Arist. Nub. 83, is made ridicu- 
 lously to swear cjj tov IlocreiScS rov 'Lmriov, 
 Achilles swears by his sceptre (//. i. 234), Tele- 
 machus by the sorrows of his father {Od. xx. 339). 
 Hence the propriety of the famous oath in Demo- 
 sthenes, by the warriors who fought at Marathon, 
 &c. Here we may observe, that as swearing be- 
 came a common practice with men upon trivial 
 
650 OATH (GREEK). 
 
 OATH (ROMAN). 
 
 occasions, and in ordinary conversation, they used 
 to take oaths by any god, person, or thing, as their 
 peculiar liabits or predilections, or the fancy of the 
 moment,dictated. Pythagoras on this account swore 
 by the number Four. (Lucian, I't/thag. 4 ; Plut. tie 
 Flac. Phil. i. 3. lUlO.) Socrates used to swear 
 vri Toc Kuco, in which he was absurdly imitated by 
 others. (Athen. ix. p. 370.) Aristophanes, so 
 keenly alive to all the foibles of his countrymen, 
 takes notice of this custom, and turns it into ridi- 
 cule. Hence he makes the sausage-dealer swear 
 vri Tov 'Epixijv tov dyopcuov [Eifut. 297), Socrates 
 fici T-riv 'Avairvorjv, &c. (Nidt. G'lT.) (See further 
 Vesp. 83 ; Avcs, 54. 1611 ; Ran. 330. 1 169.) 
 
 Women also had their favourite oaths. As the 
 men preferred swearing by Hercules, Apollo, &c., 
 so the other sex used to swear by Venus, Ceres 
 and Proserpine, Juno, Hecate, Diana ; and Athe- 
 nian women by Aglauros, Pandrosus, &c. (Lucian, 
 Dial. Mcretr. 7 ; Xen. Memor. i. 5. § 5 ; Aristoph. 
 Lvsist. 81. 148. 208. 439 ; Eccles. 70 ; Tliesm. 286. 
 383. 533; Theocr. Idrjll. xv. 14.) 
 
 The securitj' which an oath was supposed to 
 confer induced the Greeks, as it has people of mo- 
 dem times, to impose it as an obligation upon per- 
 sons invested with authority, or intrusted with the 
 discharge of responsible duties. (Plato, de Ijiij. xii. 
 p. 948.) The Athenians, with whom the science 
 of legislation was carried to the greatest perfection, 
 were, of all the Greek states, the most punctilious 
 in this respect. The youth, entering upon his 20th 
 year, was not permitted to assume tbe pri\'ileges of 
 a citizen, or to be registered in the \Tj^iapx'K6v 
 •ypaixfiwrfiov, without taking a solemn oath in the 
 temple of Aglauros to obey the laws and defend 
 his country. (The fonn of his oath is preserved in 
 Pollux, viii. 105.) The archon, the judge, and the 
 arbitrator, were required to bind themselves by an 
 oath to perform their respective duties. (See Pollux, 
 /. c; Hudtwalcker, hiber die Didt. p. 10; and 
 AIKA2TH'2.) As to the oath taken by the Senate 
 of Five Hundred, see Demosth. c. Timoc. 745. 
 As to the oath of the witness, and the voluntary 
 oath of parties to an action, see MAPTTPI'A. The 
 importance, at least apparently attached to oaths 
 in courts of justice, is proved by various passages 
 in the orators. (Andoc. dc Myst. 5 ; Lycurg. c. 
 Leocr. 157. ed. Steph. ; Antiph. de m.Herod. 139, 
 140. ed Steph.; Demosth. c. Aplioh. 860.) Demos- 
 thenes constantly reminds his judges that they are 
 on their oaths, and Lycurgus (/. c.) declares that 
 TO (Tvvfxo" TT^j' Sr}fj.oKpaT'iav opKos itTTiy. 
 
 The experience of all nations has proved the 
 dangerous tendency of making oaths too common. 
 The history of Athens and of Greece in general 
 furnishes no exception to the observation. While 
 in tlie popular belief and in common parlance oaths 
 continued to be highly esteemed, they had ceased 
 to be of much real weight or value. It is impos- 
 sible to read the plays of Aristophanes, the orators, 
 and other writers of that period, without seeing 
 that perjury had become a practice of ordinary oc- 
 currence. The poet who wrote that verse which 
 incm'red the censure of the comedian, v yKwcrd' 
 op-difiox, V (ppriv dvwfxoTos (Eur. Hippol. 612; 
 Aristoph. Thesm. 275), was not the only person who 
 would thus refine. The bold profligacy described 
 by Aristophanes (Nuh. 1232—1241 ; JSquit. 298) 
 was too often realized in action. To trace the de- 
 generacy of the Greek character belongs not to this 
 place. We conclude by reminding our readers 
 
 that in a later age the Greeks became a by-word 
 ■ among the Romans for lying and bad faith. (Cic. 
 : pro Flacco, 4 ; Juv. Sat. iii. 60, &c.) 
 
 A few expressions deserve notice. is used 
 
 by Attic writers in affirmative oaths, fj-d in nega- 
 ' tive. The old form of affirmation, still preserved 
 by the other Greeks, and used by Xenophon, was 
 vu-l ixoL. (Xen. Man. ii. 7. § 14 ; Apol. Sucr. 20.) 
 
 is nothing more than another form of ^'oi, used 
 with an accusative case, ;ua being omitted, as it 
 often is in negative oaths. (Soph. Ocd. Ti/r. 660. 
 1088 ; Elect. 758. 1063.) Nt), however, "is never 
 used by the tragedians, who ahvays employ a 
 paraphrase in affinnative oaths, such as deov 
 fiapTvpea-dat. 'Eno/xyvvat is used affirmatively, 
 d-irofjLvvvai negatively, according to Eustathius. 
 (Horn. Od. ii. 377.) AioixwaBat is to swear 
 stronglj', to protest. (Soph. Track. 378.) "OpKiov, 
 though often used synonimously with opfcoy, signi- 
 fies more strictly a compact ratified by oath ; opKia 
 ■raixvuv is to make a compact witii oaths and 
 sacrifice ; and through the frequent practice of 
 sacrificing on such occasions, it came that opKiov 
 was sometimes used for the victim itself. (Hoin. H. 
 iii. 245.) In the phrase optvuvai ko8' lepdv, the 
 original meaning of Kara, was, that the part}' laid 
 his hand upon the victims ; but the same phrase is 
 used metaphorically in other cases, where there 
 could be no such ceremony. Thus Kara x'^'"'*' 
 fvx'^v woniaaadat x't'-^P'^" (Arist. Equit. 660) is 
 to make a vow to offer a thousand kids ; as tlujugh 
 tlie party vowinrj layed his haiids ujion the kids at 
 the time, as a kind of stake. The same observation 
 applies to Ofj-vivai Kar' 4^a\e'ias. [C. R. K.] 
 
 OATH (ROMAN) (jusjurandum, juramen- 
 tum). The subject of Roman oaths may be treated 
 of under four different heads, viz.: — 1. Oaths 
 taken by magistrates and other persons who en- 
 tered the service of the republic. 2. Oaths taken 
 in transactions with foreign nations in the name of 
 the republic. 3. Oaths taken before the Praetor 
 or in the courts of justice. 4. Oaths, or various 
 modes of swearing in common Ufe. 
 
 I. Oaths taken by magistrates and otiwr persons 
 who entered tlic service of the rejmhlic. — After the 
 establishment of the republic the consuls, and sub- 
 sequently all the other magistrates, were obliged, 
 within five daj's after their appointment, to pro- 
 mise on oath that they would protect and observe 
 the laws of the republic {in leges jurare, Liv. xxxi. 
 50 ; compare Dionys. v. p. 277). Vestal virgins 
 and the flamen dialis were not allowed to swear 
 on any occasion (Liv. I. c.; Fest. s. v. Jurare; 
 Plut. Qitaest. Horn. p. 275), but whether they also 
 entered upon their sacred offices without taking an 
 oath analogous to that of magistrates is unknown. 
 When a flamen dialis was elected to a magistracy, 
 he might either petition for an especial dispensa- 
 tion {ut legibus solveretur), or he might depute 
 some one to take the oath for him. But this could 
 not be done unless the permission was granted by 
 the people. The first Roman consuls seem only 
 to have sworn that they would not restore the 
 kingly government, nor allow any one else to do 
 so (Liv. ii. 1 ; Dionys. 1. c), and this may have 
 been the case till all fears of such a restoration 
 having vanished, the oath was changed into a jus- 
 jurandum in leges. The consular oath was oc- 
 casionally taken under the empire. (Plin. 64.) 
 
 During the later period of the re]niblic we also 
 find that magistrates, when the time of theii' office 
 
OATH (ROMAN). 
 
 had expired, addressed the people and swore that 
 during their office they had undertalceii nothing 
 against tlie republic, but had done their utmost to 
 promote its welfare. (Cic. ad Fam. v. 2. g 7 ; pro 
 Stdla, 1 1 ; in Pison. 3 ; pro Dom. 35 ; Dion Cass. 
 
 I xxjcvii. p. 52 ; xxxviii. p. 7"2 ; liii. p.5(i8. ed. Steph.; 
 
 ' Liv. xxix. 37.) In some cases a tribune of the 
 people might compel the whole senate to promise 
 on oath that they would observe a plebiscitum, and 
 aUow it to be carried into effect, as was the case 
 with the lex agraria of Saturninus. The censor 
 Q. Metellus, who refused to swear, was sent into 
 exile. (Appian, Civil, i. 29 ; Cic. 2'>'o Scjct. 47 ; 
 Plut. Mar. 29.) During the time of the empire 
 all magistrates on entering their office were obliged 
 to pledge themselves by an oath that they would 
 observe the acta Caesarum (jururc in acta Cac- 
 sarum. Suet. Tiber. 67 ; Tacit. Aniial. i. 72 ; xiii. 
 2() ; xvi. 22 ; Dion Cass, xlvii. p. 38-t, &c.), and 
 tile senators had to do the same regularly every 
 year on the first of January. (Dion Cass. Iviii. p. 
 724; compare Lipsius, iSx'cars. A. ad Tacit. Annat, 
 xvi. 22.) 
 
 All Roman soldiers after they were enlisted for 
 a campaign, had to take the military oath (sucra- 
 meutuni), which was administered in the following 
 manner : — Each tribunus militum assembled his 
 legion, and picked out one of the men to whom he 
 put the oath, that he would obey the commands of 
 his generals and execute them punctually. The 
 other men then came forward one after another and 
 repeated the same oath, saying that they would do 
 like the first (idem in me, Polyb. vi. 21 ; Fest. s. v. 
 Praejuraliunes). Livy (xxii. 38) says that until 
 the year 21() b. c. the military oath was a real 
 sacramentum [Sacramentum], i. c. the soldiers 
 took it voluntarily, and promised (with impreca- 
 tions) that they woidd not desert from the amy, 
 and not leave their ranks except to fight against 
 the enemy or to save a Roman citizen. But in 
 the year 216 B. c. the soldiers were compelled by 
 the tribunes to take the oath, which the tribunes 
 put to them, that they would meet at the command 
 ef the consuls and not leave the standards without 
 their orders, so that in this case the military oath 
 became a jusjurandum. But Livy here forgets that 
 long before that time he has represented (iii. 20) 
 the soldiers taking the same jusjui-andum. A per- 
 fect formula of a military oath is preserved in Gel- 
 lius(xvi.4 ; compare Dionys. vi. p. 359 ; viii. p. 555. 
 
 ■ Sylburg.) It may here be remarked that any oath 
 niight be taken in two ways : the person who took 
 
 ' it, either framed it himself, or it was put to him in 
 a set form, and in this case he was said in verba 
 Jiirare, oxjurare verbis concepiis. Polybius (vi. 33) 
 ^I'l-aks of a second oath which was put to all who 
 biTved in the army, whether freemen or slaves, as 
 soon as the castrametatio had Uiken place, and by 
 which all promised that they would steal nothing 
 from the camp, and that they would take to the 
 tribunes whatever they might happen to find. The 
 military oath was, accordmg to Dionysius (xi. p. 
 723), the most sacred of all, and the law allowed 
 a general to put to death without a formal trial any 
 soldier who ventured to act contrary to his oath. 
 It was taken upon the signa, which were them- 
 selves considered sacred. In the time of the em- 
 pire a chiuse was added to tlie military oath, in 
 which the soldiers declared that they would con- 
 sider the safety of the emperor more important than 
 anything else, and that they loved neither them- 
 
 OATH (ROMAN). CSl 
 
 selves nor their children more than their sovereign. 
 (Ariian, Epict. iii. 14 ; Suet. Calig. 15 ; Ammian. 
 Marc. xxi. 5.) On the military oath in general, 
 compare Brissonius, Dc Formul. iv. c. 1 — 5. 
 
 II. Oatlis taken in transactions with foreign na- 
 tions in t/ie name o/tlie republic. The most ancient 
 form of an oath of this kind is recorded by Livy 
 (i. 24), in a treaty between the Romans and Albans. 
 The pater patratus pronounced the oath in the 
 name of his country, and struck the victim with a 
 flint-stone, calling on Jupiter to destroy the Roman 
 nation in like manner, as he (the pater patratus) 
 destroyed the animal, if the people should violate 
 the oath. The chiefs or priests of the other nation 
 then swore in a similar manner by their own gods. 
 The ceremony was sometimes different, inasmuch 
 as the fetialis cast away the stone from his hands, 
 saying. Si scie7is /alio, turn me Diespitcr salva urbe 
 arceqm bonis cjiciat, uti ego hunc lapidem. (Fest. 
 s. V. Lapidem.) Owing to the prominent part 
 which the stone {lapis sikvc) played in this act, 
 Jupiter himself was called Jupiter Lapis (Polyb. 
 iii. 25), and hence it was in aftertimes not 
 uncommon among the Romans in ordinary con- 
 versation to swear by Jupiter Lapis. (Gellius, i. 
 21 ; Cic. ad Fam. vii. 1. 12 ; Plut. Sulla, 10.) 
 In swearing to a treaty with a foreign nation, a 
 victim (a pig or a lamb) was in the early times al- 
 ways sacrificed by the fetialis (whence the expres- 
 sions fuedus icere, opma riiiv^iv), and the priest 
 while pronouncing the oath probably touched the 
 victim or the altar. (Virg. Acn. xii. 201, &c. ; 
 Liv. xxi. 45 ; compare Fetiales.) This mode of 
 swearing to a treaty through the sacred person of 
 a fetialis, was observed for a long time, and after 
 the second Punic war the fetiales even travelled to 
 Africa to perfonn the ancient ceremonies. ( Li v. xxx. 
 43.) The jus fetiale, however, fell into disuse as 
 the Romans extended their conquests ; and as in 
 most cases of treaties with foreign nations, the Ro- 
 mans were not the party that chose to promise 
 anything on oath, we hear no more of oaths on 
 their part ; but the foreign nation or conquered 
 party was sometimes obliged to promise with a so- 
 lemn oath {sacramentum) to observe the conditions 
 prescribed by the Romans, and documents record- 
 ing such promises were kept in the capitol. (Liv. 
 xxvi. 24.) But in cases where the Romans had 
 reason to mistrust, they demanded hostages as 
 being a better security than an oath, and this was 
 the practice which in later times they adopted 
 most generally. At first the Romans were very 
 scrupulous in observing their oaths in contracts or 
 treaties with foreigners, and even with enemies ; 
 but attempts were soon made by individuals, so- 
 phisticaUy to interpret an oath and explain away 
 its bmdiiig character (Gellius, vii. 18 ; Liv. iii. 20 ; 
 xxii. 61 ; Cic. De Of. iii. 27, &c.), and from the 
 third Punic war to the end of the republic, perjury 
 was common among the Romans in their dealinga 
 with foreigners as well as among themselves. 
 
 III. Oaths taken before the praetor or in courts 
 of Justice. In general it may be observed that, if 
 anything had been promised by a person on oath, 
 the promise had in a court of justice no more bind- 
 ing power than it would have had without the 
 oath, and the oath was in such case merely a 
 stronger promise as far as the conscience of the 
 person who took it was concerned. (Dig. 2. tit. 14. 
 s. 7. § 16.) But if a slave for the sake of ob- 
 taining his liberty had promised on oath to perform 
 
G52 OATH (ROMAN). 
 
 OBELISCUS. 
 
 certain services to liis master, the oath was con- 
 sidered binding. (Dig. 38. tit. 1. s. 7 ; compare 40. 
 tit. 12. s. 44.) The emperors also in some cases 
 considered a promise of a free citizen, when it was 
 continued by an oath, as binding. (Cod. 2. tit. 37. 
 s. 1.) 
 
 Sometimes when a case was brought before the 
 praetor, the plaintiff might put the defendant to his 
 oath (dcferre Jusjurandum) either in regard to the 
 whole case in question or to a part of it. If the 
 oath was taken, the whole question or that part of it 
 to which the oath applied, was settled at once, and 
 the litis contcstjitio or a formal judicium was 
 superfluous. But if tlie defendant refused to take 
 the oath, he might in return put the plaintiff to his 
 oath (re/erre jusjurandani) to make him declare 
 se noil calunmiae causa agere [Calumnia]. But if 
 the defendant neither swore himself, nor put the 
 plaintiff" to his oath of calumny, he admitted the 
 necessity of a judicium. If the oath merely referred 
 to a part of it, so that the defendant only acknow- 
 ledged part of what the plaintiff alleged, a judicium 
 was stiil necessary, but its formula was of course 
 modified. (Dig. 12. tit. 2. s. 34. § 6, &c. ; Quinctil. 
 V. G.) Respecting the oath of calumnia to which 
 the defendant might in all cases put the plaintiff, 
 and to which the latter also might be put by the 
 praetor, see Calumnia. The formula of an oath 
 before the praetor depended upon the person who 
 put it. (Dig. 12. tit. 2. s. 3. § 4, and s. 5.) 
 
 A judex or judices appointed by the praetor 
 were obliged to promise on oath to discharge their 
 duties according to the laws. (Cic. dc Invent, i. 
 39.) Rein {^K'6m Pnvatr. p. 477, &;c.) denies 
 that after a judex was given by the praetor, either 
 of the litigant parties had the right to put the 
 other to an oath ; but from the Digest (22. tit. 3. 
 s. 25. § 3) it is clear that it might be done by the 
 party cui onus prubationis incambebat, provided he 
 himself had before tiiken the jusjurandum calum- 
 niac. When dociunents in the trial of a cause 
 were laid before the judex, of which he doubted 
 the genuineness or correctness, he might make the 
 party who brought them forward establish their 
 correctness or genuineness by an oath. (Dig. 12. 
 tit. 2. s. 31 ; Cod. 4. tit. 1. s. 2.) 
 
 The witnesses who gave their evidence in civil 
 proceedings before a judex, sometimes confirmed 
 their testimony by an oath, which they either took 
 voluntarily or which was put to them by the judex. 
 In judicia publica the witnesses had always to 
 give their evidence on oath. (Cic. pro Rose. Com. 
 15; j)ro Sulla, 7; pro Font. 9; pro Bulb. 5; 
 Quinctil. V. 7 ; Val. Max. viii. 5. g 5.) We have 
 no means of ascertaining whether in all instances 
 of civil causes witnesses might be compelled to 
 take an oath, but it seems probable that in a civil 
 cause a witness generally did not give his evidence 
 on oath, unless he himself chose to do so, or the 
 judex for special reasons thought it advisable that 
 he should. 
 
 False swearing {pejerare, perjuriuni) was not re- 
 garded by the Romans as it is by us. Swearing was 
 merely a matter of conscience, and consequently the 
 person who was guilty of false swearing was respon- 
 sible to the Deity alone. Perjury does not appear to 
 have been punished more severely than false witness 
 in general given without an oath. When, therefore, 
 Valei'ius Maximus (viii. 5. 5) speaks of infamia 
 perjiirii, he uses infamia in a popular and not a 
 strictly legal sense. The manner in which the 
 
 Romans regarded perjury is implied in an expres- 
 sion of Cicero (de Legy. ii. 9), who says, " Perjurii 
 poena divina, exitium ; hiimana, dedecus." Hence 
 every oath was accompanied by an execration (Plot. 
 Quaesi. Grace, p. 275. Franc), and perjury there- 
 fore was an act which belonged more to the juris- 
 diction of the censors than to an ordinary court of 
 justice. (Cic. de Ojf.'i. 13; Liv. xxiv. 18; Gellius, 
 vii. 18.) Witnesses convicted of having given false 
 testimony, with or without oath, were punished. 
 (Dig. 22. tit. 5. s. 16 ; compare Falsum.) 
 
 IV. Oath or various modes of swearing in com- 
 mon life. The practice of swearing or calling up- 
 on some god or gods as witnesses to the truth of 
 assertions made in common life or in ordinary con- 
 versations, was as common among the Romans as 
 among the Greeks. The various forms used in 
 swearing may be divided into three classes: — 
 
 1. Simple invocations of one or more gods, as 
 Hercle or iMeherete, that is, ita me Hercules juvet, 
 amet, or servet (Fest. s. v. iMeeastor) ; Pol, Ferpol 
 or Aedepol, that is, per Pollucem ; per Jovem La- 
 pidem or simply jaer Jovem; per superos; per deos 
 immortales; medius fidius, that is, ita me Dius 
 (Ai'os) filius juvet (Fest. s. v.; Varro, de Ling. 
 Lat.'vi. p. 20. Bip.); ita me deus amet, or dii anient. 
 Sometimes also two or a great number of gods were 
 invoked bj' their names. (Plaut. Baccliid. iv. 8.51; 
 Terent. Andr. iii. 2. 25.) The genii of men were 
 regarded as divine beings, and persons used to 
 swear by their own genius, or by that of a friend, 
 and duinng the empire by that of an emperor. 
 (Herat. Epist. i. 7. 94 ; Suet. Calig. 27.) \Vomen 
 as well as men swore by most of the gods ; 
 but some of them were peculiar to one of the 
 sexes. Thus women never swore by Hercules, 
 and men never by Castor. Varro, moreover, said 
 that in ancient times women only swore by Castor 
 and Pollux, while in the extant writers we find 
 men frequently swearing by Pollux. (Gellius, xi. 
 6.) Juno and Venus were mostly invoked by 
 women, but also by lovers and ctfcmiiiate men in 
 general. (Plant. ^mp/iiV. ii. 2. 210 ; Tibull. iv. 13. 
 15; Juv.ii. 98; Ovid, Amor. ii. 7. 27; ii. 8. 18.) 
 
 2. Invocations of the gods, together with an 
 execration, in case the swearer was stating a false- 
 hood. Execrations of this kind are, Dii me per- 
 dant (Plaut. MU. Glor. iii. 2. 20 ; CUtell. ii. 1. 21 ); 
 dii me intcrficiant (Plaut. Mostell. i. 3. 35) ; dia- 
 pere.am (Herat. Sat. i. 9. 47) ; ne vivam (Cic. ad 
 Fam. vii. 23 ; Mart. x. 12. 3) ; ne salvus sini (Cic. 
 ad Ait. xvi. 13), &c. 
 
 3. Persons also used to swear by the individuals 
 or things most dear to them. Thus we have in- 
 stances of a person swearing by his own or another 
 man's head (Dig. 12. rit. 2. s. 3. § 4 ; Ovid, Trist. 
 V. 4. 45 ; Heroid: iii. 107 ; Juv. vi. IG), by his 
 eyes (Plaut. Alcnaech. v. 9. 1 ; Ovid, ^?no)-. ii. 16. 
 44), by his own welfare or that of his children 
 (Dig. 12. tit. 2. s. 5; Plin. Epist. ii. 20), by the 
 welfare of an emperor (Cod. 2. tit. 4. s. 41), &c. 
 
 Respecting the various forms of oaths and swear- 
 ing see Brisbonius, rfe /o?-«i«/. viii. c. 1 — 18. [L.S.J 
 
 OBAE. [TiiiBus (Ctheek).] 
 
 OBELISCUS {oSeXiaKos) is a diminutive of 
 Obelus {6€e\6s), which properly signifies a s/uirp- 
 ened thing, a skewer or spit, and is the name given 
 to certain works of Egyptian art. * A detailed 
 
 * Herodotus (ii. Ill) uses d§eA<<s in the sense 
 of an obelisk. 
 
OBLIGATIONES. 
 
 OBLIGATIONES. 653 
 
 I- description of such works would be inconsistent 
 ' with the plan of this work, but some notice of 
 them is required by the fact that several of them 
 were transported to Rome under the emperors. 
 Ammianus Marcellinus (xvii. 4) says "that an 
 obelisk is a very rough stone in the shape of a kind 
 of land-mark or boundary stone, rising with a small 
 inclination on all sides to a great height ; and in 
 order that it may imitate a solar ray by a gradual 
 diminution of its bulk, it terminates in a prolonga- 
 tion of four faces united in a sharp point. It is 
 very carefully smoothed." Most ancient writers 
 consider obelisks as emblematic of the sun's rays. 
 (Compare Plin. x.xxvi. 14.) 
 
 An obelisk is properly a single block of stone, 
 cut into a quadrilateral form, the sides of which 
 diminish gradually, but almost imperceptibly from 
 the base to the top of the shaft, but do not temii- 
 nate in an apex upon the top, which is crowned 
 by a small pyramid, consisting of four sides termi- 
 nating in a point. The Egyptian obelisks were 
 mostly made of the red granite of Syene, from 
 which place they were carried to the different parts 
 of EgN'pt. They were generally placed in pairs at 
 the entrance to a temple, and occasionally in the 
 interior, and were usually covered with hierogly- 
 phieal inscriptions. 
 
 Obelisks were first transported to Rome under 
 Augustus, who caused one to be erected in the 
 Circus and another in the Campus Martius. (Plin. 
 xxxvi. 14.) The former was restored in 1589, 
 and is called at present the Flaminian obelisk. 
 Its whole height is about 116 feet, and without 
 the base about 78 feet. The obelisk in the Campus 
 Martius was set up by Augustus as a sun-dial. It 
 stands at present on the Monte Citorio, where it 
 was placed in 179'2. Its whole height is about 
 110 feet, and without the base about 71 feet. 
 Another obelisk was brought to Rome by Caligida, 
 and placed on the Vatican in the Circus of Cali- 
 gula. (Plin. xxxvi. 15 ; xvi. 76. § 2.) It stands 
 at present in front of St. Peter's, where it was 
 placed in 1586, and its whole height is about 132 
 feet, and without the base and modern ornaments 
 at top about 83 feet. But the largest obelisk at 
 Rome is that which was originally transported 
 from Heliopolis to Alexandria by Constantino, and 
 conveyed to Rome by his son Constantius, who 
 placed it in the Circus Maximus. (Aram. Marc, 
 xvii. 4.) Its present position is before the north 
 portico of the Lateran church, where it was placed 
 in 1588. Its whole height is about 149 feet, and 
 without the base about 105 feet. 
 
 There are eight other obelisks at Rome besides 
 those mentioned above, but none of them are of 
 historical importance. There are also obelisks in 
 various other places, as at Constantinople, Aries, 
 Florence, Catana in Sicily, &c., some of which are 
 works of Egyptian art, and others only imitations. 
 
 There are two small obeUsks in the British 
 Museum, which were brought by the French from 
 Cairo. (Zoega, de Usu et Origine Obdiscoriim ; 
 Egyptian Antiquities, vol. i. c. 14, IS. London, 
 12mo, 1832.) 
 "OBEAOS. [Veru.] 
 
 OBLIGATIO'NES. Obligatio is defined {[nst. 
 iii. tit. 13) to be " a bond of law by which we are 
 under a necessity of paying (sohendae) any thing 
 according to the laws of our state." This defin- 
 ition has only reference to one part of an obligatio, 
 namely the right of action, which is inseparable 
 
 from the notion of a Roman obligation. According 
 to Paulus (Dig. 44. tit. 7. s. 3) the substance of 
 an obligation consists in another person binding 
 himself to give to us something, or to do some- 
 thing, or to secure or make good something (ad 
 dundum aliquid, vel faciendum, vel praestandum). 
 This " binding " must, however, be understood of 
 a " legal binding," that is, the party who fails to 
 perfonn what he has engaged to do, must be liable 
 to legal compulsion ; in other words, the duty which 
 he owes may be enforced by suit or action. Any 
 agreement, which is binding according to positive 
 moralit}', but which for any reason cannot be 
 legally enforced, is not properly an obligatio, but 
 still the Romans gave such agreement the name of 
 Obligatio, and added the term Naturalis,by which 
 it is opposed to Civilis and Praetoria or Honoraria. 
 The Obligationes Civiles were those which were 
 created by enactments {ler/iljus), or generally were 
 established by the Jus Civile ; Praetoriae or Hono- 
 rariae were those which owed their origin to the 
 jurisdiction of the Praetor. Viewed with refer- 
 ence to the events on which the law operated to 
 give Obligationes a binding force, Obligationes arose 
 either from Contract or Quasi Contract, and Delict 
 (malcfcium, delictum^, or Quasi delict, (hist. iii. 
 tit. 13.) According to Gains every Obligatio 
 arises either from Contract or Delict. 
 
 Contract {contract us) was made in four ways — 
 Re, Verbis, Litteris, and Consensu. 
 
 As an example of a contract Re, Gains mentions 
 Mutuum [Mutuum]. Also, if a man received what 
 was not due from a person who payed by mistake, 
 the payer had his remedy for the recovery just as 
 if it were a case of Mutimm. But " this kind of 
 obligation," observes Gains, " does not appear to 
 arise from contract, because he who gives with the 
 intention of payment, rather intends to dissolve or 
 put an end to {distrahcrc) a transaction (net/otium), 
 than to commence or to constitute (conirahere) a 
 transaction." In such a case, the English law has 
 a fiction of a promise to pay on the part of the per- 
 son who has received the mone}-. 
 
 To the contracts made Re, there also belong 
 
 COMMODATUM, DePOSITUM, and PiGNUS. 
 
 The Obligatio Verbis was contracted by oral 
 question and answer between the parties. The 
 form of words was :• — Dari Spondes ? Spondeo ; 
 Dabis ? Dabo ; Promittis ? Promitto ; Fidepro- 
 mittis.' Fidcpromitto ; Fidejubes? Fidejubeo; 
 Facies? Faciam. The words Dari Spondes? 
 Spondeo, were so peculiarly Roman that their legal 
 effect could not be preserved, if their meaning was 
 transferred into another language : nor could a 
 valid obligatio with a peregrinus be made by the 
 use of the word Spondeo. (Gains, iii. 93. 179.) The 
 evidence of such an obligatio must have been the 
 presence of witnesses. (Cic. pro Rrjsc. Com. 5.) 
 
 It is to this form of contract by question and 
 answer {ex interroyatione et responsione) that the 
 terms "stipulari" and "stipulatio" refer. The word 
 " stipulari " properly refers to him who asks the 
 question . si quis ita dari stipuletur ; Post mortem 
 meam dari spondes ; vel ita. Cum morieris, spon- 
 des ? The person who asked the question was Sti- 
 pulator ; he who answered the question was Pro- 
 missor,and he was said Spondere. (Gaius, iii. 100. 
 105; Dig. 45. tit. 1. s. 113. De Verborum Ohligw- 
 tioniius.) Sometimes the whole form of words which 
 comprises the question and the answer, is compre- 
 hended in the tenn Stipulatio (Dig. 45. tit. 1. s. S. 
 
654 
 
 OBLIGATIOXES. 
 
 § IX asd the paitkiple ~ Stipubta *' is sometimes 
 used in a pasare soise. (Cic. pro Hox, Cam. 5.) 
 
 A stipnlaiio wbidi omtamed an impossible con- 
 diti<Hi Tas inTalid (onrtfe). As the Stipnlatio iras 
 efiSeeted by wiwds, it was a necessarr consequence 
 that the parties ^onld hare pow^ to speak and bear, 
 and OB this grouDd vas fimnded the role of law 
 that a mntDS and a smdns could not be parties to a 
 St^olatio. As to the aUlitT of PnpiDi and In- 
 fantes with respect to OUigationes. see Iicpcbbs 
 and IxFAKS. The Stipulator might hare another 
 party to the contract on his behalf who was called 
 Adstipnlator. The Adstipolator had the eame 
 ^gfat of action as the Stipalator, and thoefore a 
 payment in reqiect of the Stipnlatio coold be made 
 to him as wdl as to the Stipalator ; and the Stipn- 
 htor had an actio Mandati gainst the Adstipolatf^ 
 for the recoyery of any thing that he had recerred. 
 
 There woe some peculiarities in the Adstipola- 
 tioL The right of action ,did not pass to the heres 
 of the Adstipolator, and the adstipnlation of a 
 dare for his master' had no effect, thongh in all 
 eases he could acquire for his master by stipolation. 
 The samemle of ]awa{^)eared to apply to him who 
 was In Mancipia, for he was serri loco. K a son 
 who was in the power of his father, became his 
 AdstipoktcH:, he did not acquire any thing for his 
 father, tho<^ he acqnired for him by stipnbtia 
 StiD his adstipnbtio gare the son a right of action, 
 proTided he was released from the father's power 
 withoot a capitis demiiiutio, as for instance br the 
 father's death or by beii^ inangmated Flamen 
 DiaHs. The same rale of law apfiSed to a filia- 
 and to a wife in mami. 
 
 Those who were boond far the Promissor were 
 called Sponaores, FidqpNmissiRes, Fidejnssores 
 [Intercessio]. 
 
 The case of an Obligatio Uteris is iOnstiated 
 by Gains (iiL 128) by the instance of Nomina 
 tramaiplieia, as whoi a creditor who has a debt 
 doe from a pnson in respect of a sale, or a letting, 
 or a partDodiip, enters it in his bocdc (eodica, or 
 toMae eapaai et aetepd) as a debt (erpemsam HU 
 fert: compare Cic fro Bom. Cam. 4. 5 ; fci pej w m 
 hdiae mm ikA, emm UJmlas mem rerUcd\ This 
 was called Nomentranscripticiam are in personam. 
 It was caDed transcriptio a persona in personam, 
 when a oeditcr cittaed in his books a debt as dne 
 from a third party, which was really dne from 
 another party, bat whicb that other party had 
 transferred {deUgarH) to the creditor. 
 
 Geent deaiH' alfaides to this Literarnm Obliga- 
 tio in his Oratim Roscio Comoedo. He says 
 (c 5), spesiaag of the plaintiff's donand: "hisj 
 daim is far a certain sum of nxmey (jxeamia eerta), I 
 and this mnst be ather ' data '' (a case of obligatio j 
 re), or ' espensa lata' (the Literarmn ObSgado), | 
 or Etipalata (an obKgatio Verbis).'' i 
 
 Some difiScohy arises about the mode of convert- 
 ii^ an obligatitHi «rf a different kind into an Obli- j 
 gatio litetis. The subject is discussed by Unter- 
 hokner (Ceier die Rede det Cieero fir dem Sdam- j 
 jfwsfer Q. Ratdmt, Zeitsdiiift, L 248) in an ingeni- j 
 oas essay, which, howerer, was written before the \ 
 paUieation of the MS. of Gains ; and it has since 
 been disco^ed by oth» writers. Unterholzner 
 conjectnrad that a third party, with the consent of 
 the debtOT and creditor made the entry in his own 
 bodes; but there is no evidence in support of this 
 aaaimipU on. Tbcophihis (Ad. tit. 1. DeLit. Otliff.) 
 represents the Literannn Obligatio as a Kovatio or 
 
 OBLIGATIOXES. 
 
 ' a diange of an obligation of one kind into an obli- 
 j gation of another kind, and this he says was efiect- 
 i ed both by words and writing (p^/uuj-f koI ypau- 
 t /uuri). It was effected, according to him, by the 
 j creditor writing to the debtor {ypdtp&r (r^furra 
 , xpos auTov) to ask his consent to the old obligation 
 being made into a new one of a difieient kind, and 
 by the debtor consenting. As stated by him the 
 Obligatio Uteris might be an obligatio contracted 
 by a letter of the creditor to the debtor and the 
 debtor's reply. In principle there would be no 
 objection to its being contracted by the debtor's 
 cmisent expressed by a snbscripdon in the credi- 
 tors' books. The Uterartnn Obligatio of Theo- 
 phDns, howerer, rather seems to correspond to the 
 other kinds of Uterartnn Obligatio referred to by 
 Gains (iiL 154) where he says "this oblieation 
 can be contracted by chirt^rapha and syncrr T r a, 
 that is, if a man writes that he owes a 5; r/. 
 money or will pay it; prorided, howerer, th: : '-f 
 no stipnlatio on the same account." It : - r : 
 impossible that Gains means that the creditor 
 convert an obligation of another kind into that of 
 pecmiia expensa by the bare entry of it in his 
 book: for it is no objection to this, asUnterr.- r 
 has it, "that a nnilateral writing on the r r-. :" 
 the creditor should hare the effect of puttir .: ar- 
 other person tmder an obHgatio,'' for an oll:,:.:;i 
 was already contracted, which the creditor v. ,: .lI 
 hare to prove, bnt if he could prove it, the law 
 gave him all the advantage of a creditor for pecunia 
 certa, if he had complied with certain forms. Gains 
 (iii. 137) certainly may be understood as asserting 
 that this obligatio was contracted simply " eiper s-m 
 ferendo :" bnt it seems to be the general ot ir ; t 
 that this Uteiarmn Obligatio required the cor.s^r t 
 of the debtor either orally in the presence of wit- 
 nesses or by letter (Cic pro Rose Com. 5 ; VaL 
 ilai. viii 2. 2) ; and this is not inconsistent with 
 Gains, for thongh he says that the debtor is bound 
 by the ^ expensnm ferendo." that does not esclnde 
 his consent, but merely shows what is necessary 
 in order to make the consent legally binding. 
 
 The Obligationes Consensu were Emtio and 
 Venditio, Locatio, Conductio, Societas, MandaturD. 
 AD Obligationes by contract of course required 
 omsent and the evidence of consent ; but " these 
 obligationes," says Gains (iiL 135), "are said to 
 be contracted cfmsemta, because no pecidiar form of 
 words or writing was required, bnt the consent of 
 the parties to the transaction was sufficient." Ac- 
 cordin^y such transactions could take place be- 
 tween persons at a distance from one another, but 
 a verbdvum obligatio reqtiired the presence of the 
 parties. The actions foimded on these Obligationes 
 consensu were Bonae fideL 
 
 A legal Obligatio implies a right of action against 
 the person who owes the duty {(pti oUigaiur). This 
 right of action (fi contrada) might be acquired by 
 any person who was sni juris. It might also be 
 acqnired for him by those who were in his Potes- 
 tas, Manns, and Mancipiinn ; and by free men and 
 staves whom a man possessed bona fide, with cer- 
 tain exceptions. This right of action might also 
 be acqnired by a man through the acts of a free 
 man who was his agent, so far that he could re- 
 qnire the cession of the obligatio so acquired. 
 
 An Obligatio was terminated {UJlUur) in vari- 
 ous ways. The most ctnnmon way was by pay- 
 ment (soluHo) of what was due A man with the 
 consent of the creditor might pay another's debt, 
 
OBLIGATIONES. 
 
 : the two schools differed as to the legal conse- 
 :;ce of such paymeiit. The Procnliani as usual 
 iljiering strictly to fundamental principles main- 
 ained that the debtor was still under his obligstio, 
 .ut if the monej" was demanded of him by the 
 reditor he had a good plea of dolus malus {ejccej/tio 
 ' i" mcdi). 
 
 An obligatio might be terminated by Accepti- 
 . An obligation contracted per aes et Ubram 
 _ -t be determined in the same way, and also one 
 iag. ex judicati causa,"' [Nexum.] An 
 jTitio might also be determined by NoTatio, 
 ;eh is the change of an existing duty {debitum) 
 another obligation, and the determination of 
 Le former obUgatiom (Dig. 46. tit. 2. De Xora- 
 -L'jnihus ei Deieoationilus.) This is explained by 
 foUowing instance (Gains, iiL 176). — If I 
 vJatfi that Titius shall give me what is due 
 ; m you, a new obligatio arises by the interren- 
 ion of a new person, and the former obligation is 
 ietermined by being replaced by the latter ; and 
 -ometimes a former obligatio may be determined 
 jv a subsequent stipulatio, though the subsequent 
 ,iipulatio may be inralid. — If the stipulation was 
 Tom the same person, it required the addition of 
 iiimething lo effect a Novatio, as the addition of a 
 .cmdition, or the circumstance of adding to or sub- 
 mciing from the time contained in the terms of 
 c oTenant. As to the case of a condition, it was 
 -aw in the time of Gains that there was no 
 atio until the condition was faMlled. and tiU 
 : time the former obligatio continued. The 
 : ion of the great jurist Serrins Sulpicius as to 
 condition immediately effecting a NoTatio, was 
 ; law in the time of Gains (a/ici Jure uiimur). 
 An obligatio was also determined bv the Litis 
 'ontestatio, if the proceedings had taken place in a 
 ' jitimum judicium. It is stated generally under 
 articles Litis contestatio and Lesitimum judi- 
 what is the import of these terms respectire- 
 The original obligation {princijxilis oUiaaiio) 
 ^ determined by the Litis contestatio, and the 
 ndant (reus) was then bound {tcnetur) by the 
 ::5 contestatio. If he was condemned, the Litis 
 -ontestatio ceased to have any effect, and he was 
 bound by the judgment (pj- causu judicati). It was 
 0 insequence of these doctrines that after a Litis 
 ■estatio in a Legitimum judicium, a man could 
 : bring his action on the original contract, for if 
 nis declaration or demand T\"as Dan mihi oportere, 
 it was bad {imitilii), for after the Litis contestatio 
 the Dari oportere had ceased. In the case of a 
 Judicium quod imperio continetur, the obligatio 
 existed and the action could be brought, but the 
 demand might be answered by a plea {c-Tcepiio) 
 of a res judicata or in judicium deducta. In the 
 judicia imperio continentia the exceptio rei judi- 
 c;itae corresponds to the condemnatio in the Lesri- 
 lima judicia. and the Exceptio rei in judicium 
 deductae to the Litis contestatio. On this subject 
 V e reader may consult Keller, Uvher Litis Con- 
 tion, p. 11, &c 
 iJbligationes arising from Contract passed by 
 xmirerail succession to the heres. There were no 
 means of transferring Obligationes from the credi- 
 : r to another person, except by a novatio, which 
 i effected by the assignee stipnliting with the 
 nor ^^ith the consent of the creditor, the effect 
 A hich was to release the debitor from his former 
 ■igatio and to bind him by a new one. If this 
 Luvatio was not effected, the assignee could only 
 
 OBLIGATIONES. 
 
 65.!; 
 
 sue as the cognitor or procurator of the assignor, 
 and not in his own name. (Gains, ii. 38, &c.) 
 
 From the consideration of Obligationes arising 
 from Contracts. Gains (iii. 182) passes to the con- 
 sideration of Obligationes qxiae ex delicto ori- 
 untur and these delicts which are the founda- 
 tion of these obligationes, are Fi'ktum, Bona 
 Rapta or Rapixa, Damnum and Injitiia. AU 
 these obligationes he considers to be comprised in 
 one genus, whereas the obligationes ex contractu 
 are distributed into four genera. 
 
 The arrangement by the Roman jurists of Obli- 
 gationes ex delicto with Obligationes ex contractu, 
 was founded on the circumstance that both classes 
 of Obligationes were the foundation of rights ia 
 personam or rights gainst a determinate individual 
 or determinate individuals ; but there is an im- 
 portant difference in the origin of the two rights. 
 The rights ex contractu are rights founded on law- 
 ful acts ; and rights ex delicto are rights founded 
 on infringements of other rights. 
 
 The Obligationes quasi ex contractu are not 
 enumerated by Gains, but they are discussed in 
 the Institutes of Justinian (iiL tit. 27). These 
 Obligationes do not properly arise either from 
 contract or delict, but inasmuch as they are found- 
 ed on acts, which are not delicts, they must be 
 considered as belonging to contract rather than to 
 delict, if we t\t11 refer them to one of these classes. 
 But in feet these quasi contracts belong to neither 
 class. Instances of these quasi contracts, enume- 
 rated in the Institutes, are '" absentis negotiorum 
 gestio" [Xegotiorum Gestortm Actio], the 
 " tutelae judicium," a " communis res sine socie- 
 tate," as when a thing has been bequeathed and 
 given to several persons ; and some other instances. 
 
 These quasi contracts are arranged in the Insti- 
 tutes of Justinian after Obligationes ex contractu ; 
 and the Obligationes quasi ex delicto are placed 
 immediately after the Obligationes ex delicto. 
 Instances of these Obligationes quasi ex delicto, 
 enumerated ia the Institutes (iv. rit. 5), are, ^ si 
 judex litem suam fecerit,"' and the case of " de- 
 jectum effiisumve," and others. 
 
 We may now examine more closely the meaning 
 of the term Obligatio. and other terms used in re- 
 lation to the law of contracts. Its etymology 
 (liff, o. to bind) points merely to the obligatory part 
 of a contract or to the duty owing by one of the 
 parries to the contract (dAitor) to the other party 
 (creditor), or to the duties mutually owing from 
 the one to the other. The word, which as opposed 
 to obligatio or binding."' expresses the determi- 
 nation of such binding, is " solutio and gene- 
 rally some form of the word " solvo " is the appro- 
 priate term to express the legal termination of the 
 obligatio. But inasmuch as duties owing by one 
 party to the contract, or duties mutually owing by 
 the parties to the contract, implies a right in the 
 other party to the contract, or imply mutual rights 
 in the parties to the contract, the word obligatio is 
 often used to express both the rights and the cor- 
 responding duties which arise out of the contract. 
 Consistently with this, we find the right of the 
 Creditor spoken of as his Obligatio, and the dutv 
 of the Debtor as his Obligatio. There is no special 
 name in the Roman law for a right against a de- 
 terminate person or determinate persons. The 
 name for ownership or property is Dominium, to 
 which is opposed the name Obligationes as de- 
 scriptive of rights against determinate persons. 
 
656 
 
 OBLTGATIONES. 
 
 OBLIGATIONES. 
 
 It is correctly remarked (Austin, An outline of 
 a cnnrse of Lcdures on General Jurispnulence) 
 " that in the writings of the Roman lawj'ers, 
 the term obligatio is never applied to a duty 
 which answers to a right in rem." But as the 
 duty answering to a right in rem is only the 
 duty of forbearance, that is of not doing any- 
 thing, there is no gi-eat inconvenience in the want 
 of a name : as soon as an act is done which is an 
 infringement of the right or in other words a 
 delictum (in one sense in which the Romans use 
 this word) an obligation arises by force of such act 
 {obligatio e.T delicto) and gives the injured person a 
 right of action against the wrong-doer. 
 
 A contractus, as it will appear from what has 
 been said, required the consent of all the parties to 
 it. Those Obligationes which were said to be 
 founded on " consent" {conse?isun) were said to be 
 so founded only because consent was sufficient 
 (Gains, iii. 136), and no peculiar form of words or 
 expression was required ; whereas in the Obliga- 
 tiones contracted " re," " verbis," and " Uteris," 
 certain acts, words, or writing were required. In 
 those contracts where particular forms were not 
 required in order to convert them into Obliga- 
 tiones, any words or acts were sufficient, which 
 were evidence of consent. What words and acts 
 are evidence of consent cannot of course be deter- 
 mined generally in any system of jurisprudence. 
 But certain acts or events exclude the notion of 
 consent, even if the fonnal parts of a contract have 
 been most scrupulously observed; constraint by force 
 or threats (vis, nietns), and fraud (dolus), and in 
 many cases error [error, irjnorantiu), either render 
 the agreement absolutely null, or give the party 
 who has been constrained, deceived, or in error, 
 various modes of defence against the claims of the 
 other party. 
 
 An Obiigatio supposes two persons ; the person 
 to whom the duty is due or the Creditor, and the 
 person from whom it is due or the Debitor. But 
 there may be more than two parties to an Obliga- 
 tio, cither as creditores or debitores or both, all of 
 whom maybe comprehended underthe general name 
 of Rei. (Cic. De Or. ii. 43.) With reference to a 
 person who is under the same obligatio, a person 
 may be called Correus. But when there are 
 several parties to an obligatio, there are properly 
 several Obligationes, and this is the case whether 
 the creditor is one and the debitores are several, or 
 the creditores are several and the debitor is one, or 
 both the creditores and debitores are several. In 
 the obligatio pro rata, the claims of the several 
 creditores, or the duties of the several debitores, are 
 determinate parts of a whole, which is made up by 
 the parts being united in one fonnal obligatio. 
 There are cases when several creditores may claim 
 the whole (solidmn), or several debitores may owe 
 tlie whole (solitlurn) : where a creditor claims the 
 whole against several debitores, there are in fact 
 several obligationes binding on the several debi- 
 tores. If he can only claim the whole once, he may 
 claim it from any of the debitores, but when he 
 has been satisfied by one debitor, his whole claim 
 is extinguished. 
 
 An Obligatio may be unilateral, that is may 
 only give a right of action to one of the parties to 
 it, as in the case of Mutuum, Stipulatio, and 
 others ; or it may be bilateral, that is it may give 
 a right to each party against the other, as emtio, 
 veiiditio, locatio, conductio. 
 
 It remains to explain some other terns which 
 are of frequent occurrence. 
 
 The most general name for any agreement is 
 Conventio, Pactio, Pactum Conventum, and its 
 essence is consent : " conventionis verbum generale 
 est, ad omnia pertinens, de quibus negotii contra- 
 hendi transigendique causa consentiunt, qui inter 
 se agunt." (Dig. ii. tit. 14.) Conventiones then 
 were juris gentium, and as a genus were divisible 
 into species. Those Conventiones which were the 
 foundation of a right of action were called Contrac- 
 tus, of which the Roman law acknowledged the four 
 kinds already mentioned. As these Contractus are 
 distinguished by particular names, they have been 
 named by modem writers Contractus Nominati, as 
 opposed to other contracts, presently to be men- 
 tioned, which they have named Innominati. Con- 
 tractus Nominati, as it has been shown, were con- 
 tracts made or accompanied by certain forms: if 
 these forms were wanting in the Conventio, it 
 could not belong to the class of Contractus Nomi- 
 nati, but if the matter of the conventio was a civile 
 negotium or a civilis causa, it formed an obligatio, 
 and was the foundation of an action " praescriptis 
 verbis " or " in factum ;" or as it is clearly expres- 
 sed by Julian (Dig. 19. tit. 5. De praescriptis 
 verbis. Sec), this is the actio " ad quam necesse 
 est confugcre, quoties contractus existunt, quoram 
 appellationes nullae jure civili proditae sunt." All 
 the events upon which these actions co>ild arise 
 may be reduced to the four following heads : " aut 
 do tibi ut des, aut do ut facias, aut facio ut des, 
 aut facio ut facias." An example of the first class 
 will show the difference between these innominate, 
 and nominate contracts : if I give a man money 
 for a thing, this is buying and selling, and is a no- 
 minate contract ; but if I give a man a thing for 
 another thing, this is exchange, and it is an inno- 
 minate contract, but still it is the foundation of a 
 civilis obligatio. These innominate contracts take 
 the name of contracts from their resemblance to 
 proper contracts in the Roman sense ; but as they 
 are not referrible to any one of such contracts, it is 
 necessary to form them into a separate class. 
 These contracts, as it will appear from the descrip- 
 tion just given of them, have their foundation in an 
 act (a giving or doing) by one of the parties, and 
 so far resemble contracts Re. Accordingly the 
 contract is not complete so long as a thing remains 
 to be given or done by the debitor ; and the credi- 
 tor may have his action (eondictio) for the recovery 
 of a thing which he has given, and for which the 
 debtor has not made the return (a giving or an act) 
 agreed upon. The creditor has also his action 
 generally (pracscriptis verbis) for the completion of 
 the contract or for compensation to the amount of 
 the injury sustained by its non-performance. 
 
 All other conventiones were simplj' Pacta, the 
 characteristic of which is that they were not origi- 
 nally the foundation of actions, but only of pleas or 
 answers (exc^jitiones) ; that is if an agreement 
 {conventio, pactio) could not be referred to the one 
 or other class of contracts, it did not give a right 
 of action. Now all conventiones were the foimda- 
 tion either of actiones or of exceptiones. Conven- 
 tiones were contractus, when they were made with 
 certain forms ; when they were not made with 
 these forms, but still on good consideration {causa), 
 they were the foundation of a civilis obligatio. 
 When there was no causa, there was no obligatio 
 created by such conventio, and it is added (Dig. 2. 
 
OBLIGATIONES. 
 
 OCREA. 
 
 657 
 
 tit. 14. s. 7. § 4) "therefore a nuda pactio does not 
 produce an obligatio but an exccptio :" whence it 
 follows t)iat a nuda pactio is a pactio sine causa, or 
 a pactio for the benefit of one party only. Some- 
 times Nuda cnnventio is used as equivalent to 
 Nuda pactio. (Dig. 15. tit. 5. s. 15.) It is a mis- 
 take to say that Pactum by itself means a one- 
 sided contract. Pactum is a term as general as 
 eonventio {paduyn a jmdiimc — est autem pactio 
 duorum pluriitmve in idem jjlacititm coiiacnsus. Dig. 
 2. tit. 14. s. 1) and is a part of all contracts as 
 eonventio is. There might be a Pactum or Pactio 
 n lating to marriage, the establishment of a sorvitus 
 ill ]irovincial lands (Gaius, ii. 31), and other mat- 
 ti rs. But P;*tum as included in the law of Obli- 
 i;:itiones, obtained a limited signification ; and it 
 was used to signify agi'eements not included among 
 the Contractus, but still binding agreements as 
 being founded on a causa. Some of these obliga- 
 tory pact<i were the foundation of an actio civilis 
 and some of them were protected by the Praetor : 
 ait Praetor : " Pacta conventa quae neque dole 
 malo neque adversus leges plebiscita senatus-con- 
 sulta edicta decreta principum neque quo fraus cui 
 eorum fiat facta erunt servabo." (Dig. 2. tit. 14. 
 s. 7.) The parties to a Pactiun were said 
 " pacisci." Anything might be the subject of a 
 " pactum" which did not involve an illegality. If 
 an illegal pactum was made, it was still illegal, 
 though it had been confirmed by a stipulatio or 
 any otlier fomi. The matter relating to Pacta is 
 not arranged in the Digest under the head of 
 Obligationes et Actiones (Dig. 44. tit. 7), but in 
 the s:ime book with the titles De Jurisdic- 
 tione, kc. 
 
 Savigny contends that the notion of Agreement, 
 or of Contract in its general sense (vcrtra</), is too 
 narrowly conceived by jurists in general. He de- 
 fines agreement to be the " union of several per- 
 sons in one concordant declaration of will whereby 
 their legal relations are determined." Conse- 
 quently the notion of contract or agreement must 
 be extended to other things than to contracts 
 which produce obligationes : for instance Tradition 
 is characterized by all the marks of an agreement ; 
 and the fact that the declaration of their will by 
 the parties to the tradition, is insufficient to efl'ect 
 complete Tradition without the external act by 
 which possession is acquired, does not in the least 
 attect the essence of the agreement. In like man- 
 ner easements [servitulcs) take their rise from 
 agreement. The imperfect conception of an agree- 
 ment has arisen from not separating in some cases 
 the obligatory agreement from those acts for which 
 such obligatory agreement is generally a prepara- 
 tion and of which it is an accompaniment. This 
 becomes more apparent if we consider the case of a 
 gift, which is a real agreement but without any 
 obligation : it is merely a giving and receiving by 
 mutual consent. This general notion of agreement 
 is cont;uned in the words of Ulpian already quoted, 
 in which he defines Pactio to be " duonim plu- 
 riumvc," &c. It does not seem however that the 
 liomans applied the terms Pactio, Pactum, and 
 C nnventio to any agreements except those which 
 the foundation of Obligationes. (Savigny, 
 Sijstcm des Heut. Rum. Recks, iii.) 
 
 PoUicitatio is a proffer or oft'er on the part of a 
 person who is willing to agree ( pollicitatio vJfcreiUis 
 solius promissum. Dig. 50. tit. 12. s. 3). A pol- 
 liciUitio of course created no obligatio. The word 
 
 is frequently used with reference to promises made 
 by a person to a state, city, or otlier body politic, 
 such as the promise to erect a building, to exhibit 
 public shows, &c. Such poUicitationes were bind- 
 ing, when there was a causa, as a promise made 
 with reference to a dignity {hu?ior) conferred or to 
 be conferred. A pollicitatio sine causa was also 
 obligatory, if the person began to do what he had 
 promised, as if he hiid the foundation of a building 
 or cleared the ground. (See PUn. Ep. x. 48. Iluic 
 tlieatro ex privaiorum pullicitatu/nihus multu de- 
 hentur ; and v. 12.) 
 
 A person who vowed anj'thing, was also bound 
 {voto obliyatus). 
 
 (Gaius, iii. 88, &c. ; Inst. iii. tit. 13, &c. ; Dig. 
 47. tit. 7. De OLIiijatiunihus et Actiunihus; Miihlen- 
 bnich, Doetrina I'andedariim, lib. iii. De OUiijar 
 tionilius ; Marezoll, lA'lirbueh, &c. The matter of 
 Obligationes is arranged by Gans, Siislem des 
 Romisclien Gmlreekts, p. GO. Vom OUiijalianen- 
 recht.) [G. L.] 
 
 OBOLUS. [Drachma.] 
 
 OBSIDIONA'LIS CORONA. [Couona, p. 
 287.] 
 
 OBSO'NIUM. [Opsonium.] 
 
 OCCUPA'TIO. The word is used by Cicero 
 {Off. i. 7) to express the acquisition of ownership 
 by occupation or the taking possession of that 
 which has no owner. Among the modes of acquir- 
 ing ownership " naturali ratione," that is, by 
 such means as are in all nations acknowledged to 
 be la\vful means of acquiring ownership, Gaius (ii. 
 G6, &c.) enumerates the taking possession of those 
 things quae nullius sunt, as animals of the chace, 
 birds and fishes, and such things are said " oc- 
 cupantis fieri." (Dig. 41. tit. 1. De acquircndo 
 rerum dominio.) [G. L.] 
 
 O'CREA (kvtj^i's), a greave, a leggin. A pair 
 of greaves {KvriixTSfs ) was one of the six articles of 
 armour which fonned the complete equipment of a 
 Greek or Etruscan warrior [Arma, p. 84], and 
 likewise of a Roman soldier as fixed by Servius 
 Tullius. (Liv. i. 43.) They were made of bronze 
 (Alcaeus, Fvmi. i. ed. Matthiae), of brass (lies. 
 Sent. 122), of tin (Hom. //. xviii. C12; xxi. 592), 
 or of silver and gold (Virg. Acn. vii. 634 ; viii. 
 G24 ; xi. 488), with a lining probably of leather, 
 felt, or cloth. Another method of fitting them to 
 the leg so as not to hurt it was by the mtcrposi- 
 tion of that kind of sponge which was also used for 
 the Lining of helmets [Galea, p. 44G], and which 
 Aristotle describes as being remarkable for thin- 
 ness, density, and finnness. The greaves, lined 
 \vith these materials, as they were fitted with great 
 exactness to the leg, probably required in many 
 cases no other fastening than their own elasticity. 
 Often, nevertheless, they were further secured by 
 two straps, as may be seen in the woodcut at 
 p. 84. Their form and appearance \vill be best 
 understood from the accompanying woodcut. The 
 upper figure is that of a fallen warrior represented 
 among the sculptures, now at Munich, belonging 
 to the temple in Aegina. In consequence of the 
 bending of the knees, the gi-eaves are seen to pro- 
 ject a little above them. This statue also shows 
 very distinctly the ankle-rings {iT!i<T<pvf>ia), which 
 were used to fasten the greaves immediately above 
 the feet. The lower portion of the same woodcut 
 represents the interior view of a bronze shield and 
 a pair of bronze greaves, which were found by 
 Signor Cainpanari in the tomb of an Etriuaui 
 
 2 u 
 
658 
 
 •OIKI'AS AI'KH. 
 
 OLLA. 
 
 warrior, and which are now preserved in the British 
 Museum. These greaves are made right and left. 
 
 That the Greelis took great delight in handsome 
 and convenient greaves may be interred from the 
 epithet evKvr)fud€S, as used by Homer, and from 
 his minuteness in describing some of their parts, 
 especially the ankle-rings, which were sometimes 
 of silver. (Hom. 11. iii. 331 ; xi. 18.) The modern 
 Greeks and Albanians wear greaves, in form re- 
 sembling those of their ancestors, but made of softer 
 materials, such as velvet, ornamented with gold, 
 and fastened with hooks and eyes. 
 
 Among the Romans greaves made of bronze, 
 and richly embossed, were worn by the gladiators. 
 Some such have been fourrd at Pompeii. (Gell, 
 Pompciana, 1817, plate 18; Donaldson, Pompeii, 
 vol. ii.) It appears that in the time of the em- 
 perors greaves were not entirely laid aside as part 
 of the armour of the soldiers. (Lamprid. Al. Sever. 
 40.) At an earlier period the heavy-armed wore 
 a single greave on the right leg. (Veget. de Re 
 Mil. i. 20.) Leggins of ox-hide or strong leather, 
 probably of the form already described and desig- 
 nated by the same names both in Greek and Latin, 
 were worn by agricultural labourers (Hom. Od. 
 xxiv. 228 ; Plin. //. N. xix. 7 ; PaUad. de Re Rust. 
 i. 43) and by huntsmen. (Hor. ii. 3. 234.) [.J. Y.] 
 OCTOBER. [Calendar (Roman).] 
 OCTO'PHORON. [Lectica, p. 550.] 
 OECUS. [House (Roman), p. 496.] 
 OENO'PHORUM (oiVo<()opoc),a basket, orother 
 contrivance for carrying bottles of wine ; a wine- 
 basket. This was sometimes used by those who took 
 their o^vn wine with them in travelling in order 
 to avoid the necessity of purchasing it on the road. 
 (Hor. Sat. I. vi. 1 09 ; Juv. Sat. vii. 1 1 ; Pers. Sat. 
 V. 140 ; Mart. vi. 88 ; Apuleius, Met. viii. ; TertuU. 
 de Jejun. 9.) A slave, called the wine-bearer 
 {oencyphorus, Plin.//. A'^ xxxiv. 8. s. 19), carried 
 it probably on his back. [J. Y.] 
 
 OFFENDIX. [Apex.] 
 OGULNIA LEX. [Lex, p. 563.] 
 'OIKI'AS AI'KH, an action to recover a house, 
 in which (as in any other action where property 
 was the subject of litigation) the dicasts decided 
 
 (SieS/'Katrs!/) to which of the parties the house 
 belonged, and adjudged it to him (eTreSircao-ei/). 
 Nothing further being requisite, the suit was 
 an drlfiriTos dywv. Certain speeches of Lysias, 
 Isaeus, and Hyperides, which are now lost, were 
 upon this subject. Tlie oiKiaj Si/cij was only to 
 recover the house itself ; the by-gone rents, or 
 mesne profits, were recoverable in an action called 
 evoiKiov S'lK-n. [See 'ENOIKI'OT AI'KH.] (Meier, 
 Att. Proc. p. 492.) [C. R. K.] 
 
 OFrrciUM ADMISSIO'NUM. [Admis- 
 sionalis.] 
 
 'OINOXO'OI. [Symposium.] 
 'OinNISTIKH'. [DiviNATio, p. 348.] 
 OLLA, ant. AULA (Plaut. Aidttl. passim), 
 dim. OLLULA (A6§7)s ; X"'''P''^5 X"''"/"") '^""^ 
 Xvrpls), a vessel of any material, round and plain, 
 and having a wide mouth ; a pot ; a jar. 
 
 Besides being made of earthenware ( Antiphanes 
 ap. At/ten. x. 70 ; dcrTpaKivq, testacea) and bronze 
 ( x«A'f'J, aenea, Aesop. Fab. 329 ; Cato de Re Runt. 
 81 ; aemim, Ovid, Met. vii. 318 — 321 ; KtS-qs 
 Xa\K(o^, Herod, i. 48), the ancients also made 
 these vessels of diiTerent kinds of stone, which 
 were turned upon the lathe. At Pleurs, a village 
 near Chiavenna to the north of the Lake of Como, 
 the manufacture of vessels from the potstone found 
 in a neighbouring mountain is still carried on, and 
 has probably existed there from the time of Pliny, 
 who makes express mention of it (//. A', xxxvi. 
 22. s. 44). Some of these vessels are nearly two 
 feet in diameter, and, being adapted to bear the 
 fire, are used for cooking. {Ocidis observare ollani 
 pultis, ne aduratur, Varro ap. Non. Marcel!, p. 543. 
 ed. Merceri ; Festus, s. v. Atdas.) 
 
 The preceding woodcut is taken from a vase in 
 the Bi-itish Museum, which was found at Canino 
 in Etruria. The painting upon it represents the 
 story of Medea boiling an old ram with a view to 
 persuade the daughters of Pelias to put him to 
 death. (Ovid, Met. vii. 318—321; Hygin. /M. 
 24.) Tlie pot has a round bottom, and is support- 
 ed by a tripod under which is a large fire. The 
 
OLYMPIAD. 
 
 ram, restored to youth, is just in the act of leaping 
 out of the pot. Instead of being supported by a 
 separate tripod, the vessel was sometimes made 
 with the feet all in one piece, and it was then 
 
 i called in Greek Tplirous [Tkipos], x^'^po'toi's (Hes. 
 Op. et Dies, 748; Schol. in Soph. Jj. 1405), and 
 
 I irup/ffTaTijj. 
 • Besides being placed upon the fire in order to 
 
 1 boil water or cook victuals, the ancients used pots 
 to carry fire, just as is now done by the modern 
 inhabitants of Greece, Italy, and Sicily. (Xen. 
 Hi'Uen. iv. 5. § 4.) They also used small pots con- 
 taining fire and pitch to annoy the enemy in sieges 
 by throwing them from slings and military engines. 
 
 A late traveller in Asia Minor informs us that 
 tlie Turks wash their hands in the following man- 
 ner : a boy, or servant, pours water upon the 
 hands, the water falling into a vessel which is 
 placed underneath to receive it. (Fellows's Excur- 
 sinii ill Asia Minor, p. 1.53.) So in the Odyssey 
 (i. 136) a servant brings water in a golden ewer 
 (irpoxif) and pours it upon the hands of the guest 
 cnrr ajar (Ae^Tfri) of silver. Numerous passages 
 of ancient autliors show that this practice has al- 
 ways prevailed in the same countries. 
 
 The Argivcs and Aeginetans drank out of small 
 coarse pots of their own manufacture rather than 
 purchase cups of superior quality from Athens. 
 (Herod, v. 80.) [Fictile, p. 419.] 
 
 OUae were also used to hold solids and keep 
 them in store, while amphorae rendered the same 
 service in regard to liquids. [Amphora.] Thus 
 grapes were kept in jars as at present. (Col. de Re 
 Rust. xii. 43.) Although pots were connnonly made 
 solely with a view to utility, and were therefore 
 destitute of ornament and ^vithout handles, yet 
 they were sometimes made with two handles 
 (Si'oiToi) like amphorae ; and, when they were well 
 turned upon the wheel, well baked, smooth and 
 neat, and so large as to hold six congii ( = 4^ gal- 
 lons nearly), they were, as we learn from Plato 
 {Hipp. Maj. p. 153, 154. ed. Heindorf), consider- 
 ed very beautiful. 
 
 ■ Pots were used, as with us, in gardening. (Cato 
 de Re Rust. 51.) 
 
 Another very remarkable use of these vessels of 
 earthenware among the Greeks was to put infants 
 into them to be exposed (Aristoph. Run. 1188; 
 Schol. ad loc; Moeris, s. 'Ey/cuTpifffios), or to 
 be carried anywhere. (Aristoph. Thesm. 512 — 
 516; Schol. ad he.) Hence the exposure of chil- 
 dren was called iyxv^pi^^f (Hesych. s. t\), and 
 the miserable women who practised it iyx'J'''p'Kr- 
 Tpioi. (Suidas, s. v.) 
 
 In monumental inscriptions the tenn olla is fre- 
 quently applied to the pots which were used to re- 
 ceive the ashes of the slaves or inferior members of 
 a family, and which were either exposed to view 
 ni the niches of the Coi.umbariuai, or immured 
 in such a manner as to show the lid only. Some 
 good specimens of cinerary oUae are preserved in 
 the British Museum in a small apartment so con- 
 structed as to exhibit accurately the manner of 
 arranging them. (See above, p. 264, 265. 442 ; and 
 numerous plates in Bartoli's Antichi Sepuleri.) 
 
 The lid of the olla was called MBrjixa and 
 nperculum. It generally corresponded in the ma- 
 terial and the style of ornament with the olla itself. 
 (Herod, i. 48; Col. I. c.) [.). Y.] 
 
 OLYMPIAD ("OAu/iTTios), the most celebrated 
 chronological aera among the Greeks, was tlie 
 
 OLYMPIAD. 
 
 659 
 
 period of four j^ears, which elapsed between each 
 celebration of the Olympic Games. The OljTiipiads 
 began to be reckoned from the victory of Coroebus 
 in the foot-race, which liappened in the year B. c. 
 776. (Paus. V. 8. § 3 ; viii. 26. § 3 ; Strabo, viii. 
 p. 355.) Timaeus of Sicily, however, who flourish- 
 ed B. c. 264, was the first writer wlio regularly 
 arranged events according to the conquerors in each 
 Olympiad, with which aera he compared the years 
 of the Attic Archons,the Spartan Ephors,and that of 
 the Argive priestesses. (Polyb. xii. 12. § 1.) His 
 practice of recording events l)y Olympiads was fol- 
 lowed by Polybius, Diodorus Siculus, Dionysius of 
 Halicamassus, and sometimes by Pausaiiias, Aelian, 
 Diogenes Lacrtius, Arrian, &c. It is twice adopted 
 by Thucydides (iii. 8 ; v. 4!)) and Xenophon {Hell. 
 i. 2. § I ; ii. 3. § 1). The names of the conquerors 
 in the foot-race were only used to designate the 
 ( Olympiad, not the conquerors in the other contests. 
 Thucydides {II. ce.), however, designates two 
 Olympiads by the name of the conquerors in the 
 Pancratium ; but this appears only to have been 
 done on account of the celebrity of these victors, 
 both of whom conquered twice in the Pancratium. 
 Other writers, however, adhere so strictly to the 
 practice of designating the Olympiad only by the 
 conqueror in the foot-race, that even when the 
 same person had obtained the prize in other con- 
 tests as well as in the foot-race, they only mention 
 the latter. Thus Diodorus (xi. 70) and Pausanias 
 (iv. 24. § 2) only record the conquest of Xenophon 
 of Corinth in the foot-race although he had also 
 conquered at the same festival in the Pentathlum. 
 
 The witers, who make use of the aera of the 
 Olympiads,' usually give the number of the Olym- 
 piad (the first corresponding to B.C. 776), and then 
 the name of the conqueror in the foot-race. Some 
 writers also speak of events as happening in the 
 first, second, third, or fourth year, as the case may 
 be, of a certain Olympiad; but others do not give the 
 separate years of each OljTiipiad. The rules for con- 
 verting Olympiads into the year B. c, and vice versa, 
 are given under Calendar (Greek), p. 176 ; but 
 as this is troublesome, we subjoin for the use of the 
 student a Ust of the Olympiads witii the years of 
 the Christian aera corresponding to thorn from the 
 beginning of the Olympiads to a. d. 301. To save 
 space the separate years of each Olympiad, with 
 the corresponding years B. c, are only given from 
 the 47th to the I2Gth Olympiad, as this is the 
 most important period of Grecian history ; in the 
 other Olympiads the first year only is given. In 
 consulting the following table it must be borne in 
 mind that the Olympic Games were celebrated 
 about Midsunnner[OLVMPic Games], and that the 
 Attic year commenced at about the same time. If, 
 therefore, an event happened in the second half of 
 the Attic year, the year B. c. must be reduced by 1. 
 Thus Socrates was put to death in the 1st year of the 
 95th Olympiad, which corresponds in the following 
 table to B. c. 400 ; but as his death happened in 
 Thargelion, the 11th month of the Attic year, the 
 year b. c. must be reduced by I, which gives us 
 B. c. 399, the true date of his death. 
 
 B. C. 
 
 01. 
 
 B. C. 
 
 01. 
 
 
 B. C. 
 
 01. 
 
 
 776. 
 
 1. 1. 
 
 752. 
 
 7. 
 
 1. 
 
 728. 
 
 13. 
 
 1. 
 
 772. 
 
 2. 1. 
 
 748. 
 
 8. 
 
 I. 
 
 724. 
 
 14. 
 
 1. 
 
 768. 
 
 3. I. 
 
 744. 
 
 9. 
 
 I. 
 
 720. 
 
 15. 
 
 I. 
 
 764. 
 
 4. 1. 
 
 740. 
 
 10. 
 
 1. 
 
 716. 
 
 16. 
 
 1. 
 
 760. 
 
 ,5. 1. 
 
 736. 
 
 11. 
 
 I. 
 
 712. 
 
 17. 
 
 1. 
 
 756. 
 
 6. 1. 
 
 73-2. 
 
 12. 
 
 1. 
 
 708. 
 
 18. 
 
 }. 
 
 
 
 
 
 
 •2 u 
 
 2 
 
 
660 
 
 OLYMPIAD. 
 
 OLYMPIAD. 
 
 B. C. 
 
 01. 
 
 B. C. 
 
 01. 
 
 B. C. 
 
 01. 
 
 B. C. 
 
 01. 
 
 B. C. 
 
 01. 
 
 B. C. 
 
 01 
 
 704. 
 
 19. 
 
 1. 
 
 550. 
 
 
 3. 
 
 480. 
 
 75. 
 
 1. 
 
 410. 
 
 
 3. 
 
 340. 
 
 110. 
 
 1. 
 
 264. 
 
 129. 
 
 700. 
 
 20. 
 
 1. 
 
 549. 
 
 
 4. 
 
 479. 
 
 
 2. 
 
 409. 
 
 
 4. 
 
 339. 
 
 
 2. 
 
 200. 
 
 130. 
 
 696. 
 
 21. 
 
 1- 
 
 548. 
 
 58. 
 
 1. 
 
 478. 
 
 
 3. 
 
 408. 
 
 93. 
 
 1. 
 
 338. 
 
 
 
 256. 
 
 131. 
 
 692. 
 
 22. 
 
 1. 
 
 547. 
 
 
 2. 
 
 477. 
 
 
 4. 
 
 407. 
 
 
 2. 
 
 337. 
 
 
 4. 
 
 252. 
 
 132. 
 
 688. 
 
 23. 
 
 1. 
 
 546. 
 
 
 3. 
 
 476. 
 
 76. 
 
 1. 
 
 406. 
 
 
 3. 
 
 336. 
 
 111. 
 
 1. 
 
 248. 
 
 133. 
 
 684. 
 
 24. 
 
 1. 
 
 545. 
 
 
 4. 
 
 475. 
 
 
 2. 
 
 405. 
 
 
 4. 
 
 335. 
 
 
 2. 
 
 244. 
 
 134. 
 
 680. 
 
 25. 
 
 1. 
 
 544. 
 
 59. 
 
 1. 
 
 474. 
 
 
 3. 
 
 404. 
 
 94. 
 
 1. 
 
 334. 
 
 
 3. 
 
 240. 
 
 135. 
 
 676. 
 
 26. 
 
 1. 
 
 543. 
 
 
 2. 
 
 473. 
 
 
 4. 
 
 403. 
 
 
 2. 
 
 333. 
 
 
 4. 
 
 236. 
 
 136. 
 
 672. 
 
 27. 
 
 1. 
 
 542. 
 
 
 3. 
 
 472. 
 
 77. 
 
 1. 
 
 402. 
 
 
 3. 
 
 332. 
 
 112. 
 
 1. 
 
 232. 
 
 137. 
 
 668. 
 
 28. 
 
 1. 
 
 541. 
 
 
 4. 
 
 471. 
 
 
 2. 
 
 401. 
 
 
 4. 
 
 331. 
 
 
 2. 
 
 228. 
 
 138. 
 
 664. 
 
 29. 
 
 1. 
 
 540. 
 
 60. 
 
 1. 
 
 470. 
 
 
 3. 
 
 400. 
 
 95. 
 
 1. 
 
 330. 
 
 
 3. 
 
 224. 
 
 139. 
 
 660. 
 
 30. 
 
 1. 
 
 539. 
 
 
 2. 
 
 469. 
 
 
 4. 
 
 399. 
 
 
 2. 
 
 329. 
 
 
 4. 
 
 220. 
 
 140. 
 
 656. 
 
 31. 
 
 1. 
 
 538. 
 
 
 3. 
 
 468. 
 
 78. 
 
 1. 
 
 398. 
 
 
 3. 
 
 328. 
 
 113. 
 
 1. 
 
 216. 
 
 141. 
 
 652. 
 
 32. 
 
 1. 
 
 537. 
 
 
 4. 
 
 467. 
 
 
 2. 
 
 397. 
 
 
 4. 
 
 327. 
 
 
 2. 
 
 212. 
 
 142. 
 
 648. 
 
 33. 
 
 1. 
 
 536. 
 
 61. 
 
 1. 
 
 466. 
 
 
 3. 
 
 396. 
 
 96. 
 
 1. 
 
 326. 
 
 
 3. 
 
 208. 
 
 143. 
 
 644. 
 
 34. 
 
 1. 
 
 535. 
 
 
 2. 
 
 465. 
 
 
 4. 
 
 395. 
 
 
 2. 
 
 325. 
 
 
 4. 
 
 204. 
 
 144. 
 
 640. 
 
 35. 
 
 1. 
 
 534. 
 
 
 3. 
 
 464. 
 
 79. 
 
 1. 
 
 394. 
 
 
 3. 
 
 324. 
 
 114. 
 
 1. 
 
 200. 
 
 145. 
 
 636. 
 
 36. 
 
 1. 
 
 533. 
 
 
 4. 
 
 463. 
 
 
 2. 
 
 393. 
 
 
 4. 
 
 323. 
 
 
 2. 
 
 196. 
 
 146. 
 
 632. 
 
 37. 
 
 1. 
 
 532, 
 
 62. 
 
 1. 
 
 462. 
 
 
 3. 
 
 392. 
 
 97. 
 
 1. 
 
 322. 
 
 
 3. 
 
 192. 
 
 147. 
 
 628. 
 
 38. 
 
 1. 
 
 531. 
 
 
 2. 
 
 461. 
 
 
 4. 
 
 391. 
 
 
 2. 
 
 321. 
 
 
 4. 
 
 188. 
 
 148. 
 
 624. 
 
 39. 
 
 1. 
 
 530. 
 
 
 3. 
 
 40 0. 
 
 80. 
 
 1. 
 
 390. 
 
 
 3. 
 
 320. 
 
 115. 
 
 1. 
 
 184. 
 
 149. 
 
 620. 
 
 40. 
 
 1. 
 
 529. 
 
 
 4. 
 
 459. 
 
 
 2. 
 
 389. 
 
 
 4. 
 
 319. 
 
 
 2. 
 
 180. 
 
 150. 
 
 616. 
 
 41. 
 
 1. 
 
 528. 
 
 63. 
 
 1. 
 
 458. 
 
 
 3. 
 
 388. 
 
 98. 
 
 1. 
 
 318. 
 
 
 3. 
 
 176. 
 
 151. 
 
 612. 
 
 42. 
 
 1. 
 
 527. 
 
 
 2. 
 
 457. 
 
 
 4. 
 
 387. 
 
 
 2. 
 
 317. 
 
 
 4. 
 
 172. 
 
 152. 
 
 608. 
 
 43. 
 
 1. 
 
 526. 
 
 
 3. 
 
 456, 
 
 81. 
 
 1. 
 
 386. 
 
 
 3. 
 
 316. 
 
 116. 
 
 1. 
 
 168. 
 
 153. 
 
 604. 
 
 44. 
 
 1. 
 
 525. 
 
 
 4. 
 
 455. 
 
 
 2. 
 
 385. 
 
 
 4. 
 
 315. 
 
 
 2. 
 
 164. 
 
 154. 
 
 600. 
 
 45. 
 
 1. 
 
 524. 
 
 64. 
 
 1. 
 
 454. 
 
 
 3. 
 
 384. 
 
 99. 
 
 1. 
 
 314. 
 
 
 3. 
 
 160. 
 
 155. 
 
 596. 
 
 46. 
 
 1. 
 
 623. 
 
 
 2. 
 
 453. 
 
 
 4. 
 
 383. 
 
 
 2. 
 
 313. 
 
 
 4. 
 
 156. 
 
 156. 
 
 592. 
 
 47. 
 
 1. 
 
 522. 
 
 
 3. 
 
 452. 
 
 82. 
 
 1. 
 
 382. 
 
 
 3. 
 
 312. 
 
 117. 
 
 1. 
 
 152. 
 
 157. 
 
 591. 
 
 
 2. 
 
 521. 
 
 
 4. 
 
 451. 
 
 
 2. 
 
 381. 
 
 
 4. 
 
 311. 
 
 
 2. 
 
 148. 
 
 158. 
 
 590. 
 
 
 3. 
 
 520. 
 
 65. 
 
 1. 
 
 450. 
 
 
 3. 
 
 380. 
 
 100. 
 
 1. 
 
 310. 
 
 
 3. 
 
 144. 
 
 159. 
 
 589. 
 
 
 4. 
 
 519. 
 
 
 2. 
 
 449. 
 
 
 4. 
 
 379. 
 
 
 2. 
 
 309. 
 
 
 4. 
 
 140. 
 
 160. 
 
 588. 
 
 48. 
 
 1. 
 
 518. 
 
 
 3. 
 
 448. 
 
 83. 
 
 1. 
 
 378. 
 
 
 3. 
 
 308. 
 
 118. 
 
 1. 
 
 130. 
 
 161. 
 
 587. 
 
 
 2. 
 
 517. 
 
 
 4. 
 
 447. 
 
 
 2. 
 
 377. 
 
 
 4. 
 
 307. 
 
 
 2. 
 
 132. 
 
 162. 
 
 586. 
 
 
 3! 
 
 516. 
 
 66. 
 
 1. 
 
 440. 
 
 
 3. 
 
 376. 
 
 101. 
 
 1. 
 
 306. 
 
 
 3. 
 
 128. 
 
 163. 
 
 585. 
 
 
 4. 
 
 515. 
 
 
 2. 
 
 445. 
 
 
 4. 
 
 375. 
 
 
 2. 
 
 305. 
 
 
 4. 
 
 124. 
 
 164. 
 
 584. 
 
 49. 
 
 1. 
 
 514. 
 
 
 3! 
 
 444. 
 
 84. 
 
 1. 
 
 374. 
 
 
 3. 
 
 304. 
 
 119. 
 
 1. 
 
 120. 
 
 165. 
 
 583. 
 
 
 2. 
 
 513. 
 
 
 4. 
 
 443. 
 
 
 2. 
 
 373. 
 
 
 4. 
 
 303. 
 
 
 2. 
 
 116. 
 
 166. 
 
 582. 
 
 
 3. 
 
 512. 
 
 67. 
 
 1. 
 
 442. 
 
 
 3. 
 
 372. 
 
 102. 
 
 1. 
 
 302. 
 
 
 3. 
 
 112. 
 
 167. 
 
 581. 
 
 
 4. 
 
 511. 
 
 
 2. 
 
 441. 
 
 
 4. 
 
 371. 
 
 
 2. 
 
 301. 
 
 
 4. 
 
 108. 
 
 168. 
 
 580. 
 
 50. 
 
 1. 
 
 510. 
 
 
 3. 
 
 440. 
 
 85. 
 
 1. 
 
 370. 
 
 
 3. 
 
 300. 
 
 120. 
 
 1. 
 
 104. 
 
 169. 
 
 579. 
 
 
 2. 
 
 509. 
 
 
 4. 
 
 439. 
 
 
 2. 
 
 369. 
 
 
 4. 
 
 299. 
 
 
 2. 
 
 loo. 
 
 170. 
 
 578. 
 
 
 3. 
 
 508. 
 
 68. 
 
 1. 
 
 438. 
 
 
 3. 
 
 368. 
 
 103. 
 
 1. 
 
 298. 
 
 
 3. 
 
 96. 
 
 171. 
 
 577. 
 
 
 4. 
 
 507. 
 
 
 2. 
 
 437. 
 
 
 4. 
 
 367. 
 
 
 2. 
 
 297. 
 
 
 4. 
 
 92. 
 
 172. 
 
 576. 
 
 51. 
 
 ]. 
 
 506. 
 
 
 3. 
 
 436. 
 
 86. 
 
 1. 
 
 366. 
 
 
 3. 
 
 296. 
 
 121. 
 
 1. 
 
 88. 
 
 173. 
 
 575. 
 
 
 2. 
 
 505, 
 
 
 4. 
 
 435. 
 
 
 2. 
 
 365. 
 
 
 4. 
 
 295. 
 
 
 2. 
 
 84. 
 
 174. 
 
 574. 
 
 
 3. 
 
 504. 
 
 69. 
 
 1. 
 
 434. 
 
 
 3. 
 
 364. 
 
 104. 
 
 1. 
 
 294. 
 
 
 3. 
 
 80. 
 
 175. 
 
 573. 
 
 
 4. 
 
 503. 
 
 
 2. 
 
 433. 
 
 
 4. 
 
 303. 
 
 
 2. 
 
 293. 
 
 
 4. 
 
 76. 
 
 176. 
 
 572. 
 
 52. 
 
 1. 
 
 502. 
 
 
 3. 
 
 432. 
 
 87. 
 
 1. 
 
 302. 
 
 
 3. 
 
 292. 
 
 122. 
 
 1. 
 
 72. 
 
 177. 
 
 571. 
 
 
 2. 
 
 501. 
 
 
 4. 
 
 431. 
 
 
 2. 
 
 361. 
 
 
 4. 
 
 291. 
 
 
 2. 
 
 68. 
 
 178. 
 
 570. 
 
 
 3. 
 
 500. 
 
 70. 
 
 1. 
 
 430. 
 
 
 3. 
 
 360. 
 
 105. 
 
 1. 
 
 290. 
 
 
 3. 
 
 64. 
 
 179. 
 
 569. 
 
 
 4. 
 
 499. 
 
 
 2. 
 
 429. 
 
 
 4. 
 
 359. 
 
 
 2. 
 
 289. 
 
 
 4. 
 
 60. 
 
 180. 
 
 568. 
 
 53. 
 
 1. 
 
 498. 
 
 
 3. 
 
 428. 
 
 88. 
 
 1. 
 
 358. 
 
 
 3. 
 
 288. 
 
 123. 
 
 1. 
 
 56. 
 
 181. 
 
 567. 
 
 
 2. 
 
 497. 
 
 
 4. 
 
 427. 
 
 
 2. 
 
 357. 
 
 
 4. 
 
 287. 
 
 
 2. 
 
 52. 
 
 182. 
 
 566. 
 
 
 3. 
 
 496. 
 
 71. 
 
 1. 
 
 426. 
 
 
 3. 
 
 356. 
 
 106. 
 
 1. 
 
 286. 
 
 
 3. 
 
 48. 
 
 183. 
 
 565. 
 
 
 4. 
 
 495. 
 
 
 2. 
 
 425. 
 
 
 4. 
 
 355. 
 
 
 2. 
 
 285. 
 
 
 4. 
 
 44. 
 
 184. 
 
 564. 
 
 54. 
 
 1. 
 
 494. 
 
 
 3. 
 
 424. 
 
 89. 
 
 1. 
 
 354. 
 
 
 3. 
 
 284. 
 
 124. 
 
 1. 
 
 40. 
 
 185. 
 
 563. 
 
 
 2. 
 
 493. 
 
 
 4. 
 
 423. 
 
 
 2. 
 
 353. 
 
 
 4. 
 
 283. 
 
 
 2. 
 
 36. 
 
 186. 
 
 562, 
 
 
 3.' 
 
 492. ' 
 
 72. 
 
 1. 
 
 422. 
 
 
 3. 
 
 352. 
 
 107. 
 
 1. 
 
 282. 
 
 
 3. 
 
 32. 
 
 187. 
 
 561. 
 
 
 4. 
 
 491. 
 
 
 2. 
 
 421. 
 
 
 4. 
 
 351. 
 
 
 2. 
 
 281. 
 
 
 4. 
 
 28. 
 
 188. 
 
 560. 
 
 55. 
 
 1. 
 
 490. 
 
 
 3. 
 
 420. 
 
 90. 
 
 1. 
 
 350. 
 
 
 3. 
 
 280. 
 
 125. 
 
 1. 
 
 24, 
 
 189. 
 
 559. 
 
 
 2. 
 
 489. 
 
 
 4. 
 
 419. 
 
 
 2. 
 
 349. 
 
 
 4. 
 
 279. 
 
 
 2. 
 
 20. 
 
 190. 
 
 558. 
 
 
 3! 
 
 488. 
 
 73. 
 
 1. 
 
 418, 
 
 
 3. 
 
 348. 
 
 108. 
 
 1. 
 
 278. 
 
 
 3. 
 
 16. 
 
 191. 
 
 557. 
 
 
 4. 
 
 487. 
 
 
 2, 
 
 417. 
 
 
 4. 
 
 347. 
 
 
 2. 
 
 277. 
 
 
 4. 
 
 12. 
 
 192. 
 
 556. 
 
 56. 
 
 1. 
 
 486. 
 
 
 3.' 
 
 410. 
 
 91. 
 
 1. 
 
 346. 
 
 
 3. 
 
 276. 
 
 126, 
 
 1. 
 
 8. 
 
 193. 
 
 555. 
 
 
 'O 
 
 485. 
 
 
 4. 
 
 415. 
 
 
 2. 
 
 345. 
 
 
 4. 
 
 275. 
 
 
 2. 
 
 4. 
 
 194. 
 
 554. 
 
 
 3. 
 
 484. 
 
 74. 
 
 I. 
 
 414. 
 
 
 3. 
 
 344. 
 
 109. 
 
 1. 
 
 274. 
 
 
 3. 
 
 
 
 553. 
 
 
 4. 
 
 483. 
 
 
 2. 
 
 413. 
 
 
 4. 
 
 343. 
 
 
 2. 
 
 273. 
 
 
 4. 
 
 A. D. 
 
 01. 
 
 552. 
 
 57. 
 
 1. 
 
 482. 
 
 
 3. 
 
 412. 
 
 92. 
 
 1. 
 
 342. 
 
 
 3. 
 
 272. 
 
 127. 
 
 1. 
 
 1. 
 
 195. 
 
 551. 
 
 
 0, 
 
 181. 
 
 
 4. 
 
 411. 
 
 
 2. 
 
 341. 
 
 
 4.1 
 
 268. 
 
 128. 
 
 1. 
 
 5. 
 
 196. 
 
OLYMPIC GAMES. 
 
 A. D. 
 
 01. 
 
 A. D. 
 
 01. 
 
 A. D. 
 
 
 9. 
 
 197. 
 
 1. 
 
 109. 
 
 2-22. 
 
 1. 
 
 
 917 
 
 13. 
 
 198. 
 
 1. 
 
 113. 
 
 223. 
 
 1. 
 
 
 
 17. 
 
 199. 
 
 1. 
 
 117. 
 
 224. 
 
 1. 
 
 Ol 1 
 J.i /. 
 
 Q \ 0 
 
 21. 
 
 200. 
 
 1. 
 
 121. 
 
 225. 
 
 1. 
 
 
 
 25. 
 
 201. 
 
 1. 
 
 125. 
 
 220'. 
 
 1. 
 
 J, So. 
 
 
 29. 
 
 202. 
 
 1. 
 
 129. 
 
 227. 
 
 1. 
 
 
 JO J. 
 
 33. 
 
 203. 
 
 1. 
 
 133. 
 
 228. 
 
 1. 
 
 Zoo. 
 
 JOO. 
 
 37. 
 
 204. 
 
 1. 
 
 137. 
 
 229. 
 
 1. 
 
 Jo/, 
 
 OKA 
 
 41. 
 
 205. 
 
 1. 
 
 141. 
 
 230. 
 
 1. 
 
 O ( 1 
 /4 1. 
 
 zoo. 
 
 45. 
 
 206. 
 
 1. 
 
 145. 
 
 231. 
 
 1. 
 
 Z-tn, 
 
 JOO. 
 
 49. 
 
 207. 
 
 1. 
 
 149. 
 
 232. 
 
 1. 
 
 
 
 53. 
 
 208. 
 
 1. 
 
 1 53. 
 
 233. 
 
 1. 
 
 
 Joo. 
 
 57. 
 
 209. 
 
 1. 
 
 157. 
 
 234. 
 
 1. 
 
 257. 
 
 Joy, 
 
 Gl. 
 
 210. 
 
 1. 
 
 161. 
 
 235. 
 
 1. 
 
 Zol. 
 
 JOU. 
 
 (i.j. 
 
 211. 
 
 1. 
 
 165. 
 
 23(). 
 
 1. 
 
 Joo. 
 
 Jol. 
 
 (i9. 
 
 212. 
 
 1. 
 
 169. 
 
 237. 
 
 1. 
 
 Joy. 
 
 9*19 
 
 73. 
 
 21.3. 
 
 1. 
 
 173. 
 
 238. 
 
 1. 
 
 li 6, 
 
 JOO. 
 
 77. 
 
 214. 
 
 1. 
 
 177. 
 
 239. 
 
 1. 
 
 J/ / . 
 
 9fi 1 
 J04. 
 
 81. 
 
 215. 
 
 1. 
 
 181. 
 
 240. 
 
 1. 
 
 
 9^; K 
 zoo. 
 
 85. 
 
 216. 
 
 1. 
 
 loo. 
 
 241. 
 
 1. 
 
 
 zu o. 
 
 80. 
 
 217. 
 
 1. 
 
 189. 
 
 242. 
 
 1. 
 
 209. 
 
 267. 
 
 93. 
 
 218. 
 
 1. 
 
 193*. 
 
 243. 
 
 1. 
 
 293. 
 
 268. 
 
 97. 
 
 219. 
 
 1. 
 
 197. 
 
 244. 
 
 1. 
 
 297. 
 
 269. 
 
 101. 
 
 220. 
 
 1. 
 
 201. 
 
 245. 
 
 1. 
 
 301. 
 
 270. 
 
 105. 
 
 221. 
 
 1. 
 
 205. 
 
 246. 
 
 1. 
 
 
 
 Many of the ancient writers did not consider 
 history to begin till the Olympiad of Coroebus, and 
 reijarded as fabulous the events said to have oc- 
 curred in preceding times. (Censorinus, Do Die 
 Natal, c. 21 ; African, apud Euseb. Praep. x. 10. 
 p. 487. D. ; Clinton, Fast. Hell. vol. ii. Introd. p. ii.) 
 
 The old Olympiad aera appears only to have 
 been used by writers, and especially by historians. 
 It does not seem to have been ever adopted 
 by any state in public documents. It is never 
 found on any coins, and scarcely ever on inscrip- 
 tions. There are only two inscriptions published 
 by Bockh in which it appears to be used. {Corp. 
 Inscr. n. 2682. 2999.) A new Olj-mpiad aera, 
 however, came into use under the Roman emperors, 
 which is found in inscriptions and was used in 
 public documents. This aera begins in 01. 227. 3. 
 (a. d. 131), in which year Hadrian dedicated the 
 Olympieion at Athens ; and accordingly we find 
 01. 227. 3. spoken of as the first Olympiad, 01. 
 228. 3. (a. d. 135) as the second Olympiad, &c. 
 (Biickh, Co>p. Inscr. n. 342. 446. 1345.) 
 
 (Krause, Olympia, p. 60, &c. ; Wurm de Pond., 
 § 94, &c.) 
 
 OLYMPIC GAMES ('OAumtio), the greatest 
 of the national festivals of the Greeks. It was 
 celebrated at Olympia in Elis, the name given to a 
 small plain to the west of Pisa, which was bounded 
 on the north and north-east by the mountains 
 Cronius and Olj-mpus, on the south by the river 
 Alpheus, and on the west by the Cladeus, which 
 Hows into the Alpheus. Olympia does not appear 
 to have been a town, but rather a collection of 
 temples and public buildings, the description of 
 which does not come within the plan of this work. 
 
 The origin of the Olympic Games is buried in 
 obscurity. The legends of the Elean priests attri- 
 buted the institution of the festival to the Idaean 
 II eracles, and referred it to the time of Cronos. Ac- 
 cording to their account, Rhea committed her new- 
 born Zeus to the Idaean Dactyli, also caUed Cure- 
 tes, of whom five brothers, Heracles, Paeonaeus, 
 Epimedcs, lasius, and Idas, came from Ida in 
 Crete, to Olympia, where a temple had been erect- 
 ed to Cronos by the men of the golden age ; and 
 
 OLYMPIC GAMES. G61 
 
 Heracles the eldest conquered his brothers in 
 a foot-race, and was crowned with the wild olive- 
 tree. Heracles hereupon established a contest, 
 which was to be celebrated every five J'ears, be- 
 cause he and his brothers were five in number. 
 (Pans. V. 7. §4.) Fifty years after Deucalion's flood 
 they said that Clymenus, the son of Cardis, a de- 
 scendant of the Idaean Heracles, came from Crete 
 and celebrated the festival ; but tliat Endymion, 
 the son of Aethlius, deprived Clymenus of the 
 sovereignty, and offered the kingdom as a prize to 
 his sons in the foot-race ; that a generation after 
 Endjnnion the festival was celebrated by Pelops to 
 the honour of the Olympian Zeus ; that when the 
 sons of Pelops were scattered through Pelopon- 
 nesus, Amythaon, the son of Cretheus and a rela- 
 tion of EndjTnion, celebrated it ; that to him suc- 
 ceeded Pelias and Nelcus in conjunction, then 
 Augeas, and at last Heracles, the son of Amphi- 
 tryon, after the taking of Elis. Afterwards Oxy- 
 lus is mentioned as presiding over the games, and 
 then they are said to have been discontinued till 
 their revival by Iphitus. (Paus. v. 8. § 1. 2.) Most 
 ancient writers, however, attribute the institution 
 of the games to Heracles, the son of Amphitryon 
 (ApoUod. ii. 7. § 2 ; Diod. iv. 14 ; compare Strabo, 
 viii. p. 355), while others represent Atreus as their 
 founder. (Veil. Pat. i. 8 ; Hermann, Pol. Ant. § 
 23. n. 10.) 
 
 Strabo (viii. p. 354, 355) rejects all these legends, 
 and says that the festival was first instituted after 
 the return of the Heraclidae to the Peloponnesus 
 by the Aetolians, who united themselves with the 
 Eleans. It is impossible to say what credit is to be 
 given to the ancient traditions respecting the in- 
 stitution of the festival ; but they appear to show 
 that religious festivals had been celebrated at 
 Olympia from the earliest times, and it is difficult 
 to conceive that the Peloponnesians and the other 
 Greeks would have attached such importance to 
 this festival, unless OljTiipia had long been re- 
 garded as a hallowed site. The first historical fact 
 connected with the Olympian Games is their re- 
 vival by Iphitus, king of Elis, who is said to have 
 accomplished it with the assistance of Lj'curgus, 
 tlie Spartan lawgiver, and Cleosthenes of Pisa ; and 
 the names of Iphitus and Lycurgus were inscribed 
 on a disc in commemoration of the event ; which disc 
 Pausanias saw in the temple of Hera at Oljmpia. 
 (Paus. V. 4. § 4, V. 20. 1 ; Plut. Li/c. 1.23.) It would 
 appear from this tradition, as Thirhvall {ffkt. of 
 Greece, ii. p. 386) has remarked, that Sparta con- 
 curred with the two states most interested in the 
 establishment of the festival, and mainly contri- 
 buted to procure the consent of the other Pelopon- 
 nesians. The celebration of the festival may have 
 been discontinued in consequence of the troubles 
 consequent upon the Dorian invasion, and we are 
 told that Iphitus was commanded by the Delphic 
 oracle to revive it as a remedy for intestine com- 
 motions and for pestilence, with which Greece was 
 tlien afflicted. Iphitus thereupon induced the 
 Eleans to sacrifice to Heracles, whom they had 
 formerly regarded as an enemy, and from this time 
 the games were regularly celebrated. (Paus. /. c.) 
 Different dates are assigned to Iphitus by ancient 
 writers, some placing his revival of the Olympiad 
 at B. c. 884, and others, as Callimachus, at b. c. 
 828. (CUnton, F^ist. Hell. p. 409. t.) The inter- 
 val of four years between each celebration of the 
 festival was called an Olympiad ; but the Olym- 
 
662 
 
 OLYMPIC GAMES. 
 
 OLYMPIC GAMES. 
 
 piads were not employed as a chronological aera 
 till the victory of Coroebus in the foot-race B. c. 
 776. [Olympiad.] 
 
 The most important point in the renewal of the 
 festival by Iphitus was the establishment of the 
 e/ceX^'P'S sacred armistice, the formula for pro- 
 claiming which was inscribed in a circle on the 
 disc mentioned above. The proclamation was 
 made by peace-heralds (airov?o<p6pot), first in Elis 
 and afterwards in the other parts of Greece; it put 
 a stop to all warfare for the month in which the 
 games were celebrated, and which was called 
 iepofj-riv'ia. The territoiy of Elis itself was con- 
 sidered especially sacred during its continuance, 
 and no anned force could enter it without incur- 
 ring the guilt of sacrilege. When the Spartans on 
 one occasion sent forces against the fortress Phyr- 
 cum and Lepreum during the existence of the 
 OljTnpic truce [tv rais 'OAn/iTria/coir airovSa7s), 
 they were fined by the Eleans, according to the 
 Olympic law, 2000 minae, being two for each 
 Hoplite. (Thucyd. v. 49.) The Eleans, however, 
 pretended not only that their lands were inviolable 
 during the existence of the tnice, but that by the 
 original agreement with the other states of Pelo- 
 ponnesus their lands were made sacred for ever, 
 and were never to be attacked by any hostile force 
 (Strabo, viii. p. 358) ; and they further stated that 
 the first violation of their territory was made by 
 Pheidon of Argos. But the Eleans themselves did 
 not abstain from arms, and it is not probable that 
 such a privilege would have existed without im- 
 posing on them the corresponding duty of refrain- 
 ing from attacking the territory of their neighbours. 
 The later Greeks do not appear to have admitted 
 this chum of the Eleans, as we find many cases in 
 which their country was made the scene of war. 
 (Xen. Hell. iii. 2. § 23, &c. ; vii. 4, &c.) 
 
 The Olympic festival was probably confined at 
 first to the Peloponnesians ; but as its celebrity 
 extended, the other Greeks took part in it, till at 
 length it became a festival for the whole nation. 
 No one was allowed to contend in the games but 
 persons of pure Hellenic blood : barbarians might 
 be spectators, but slaves were entirely excluded. 
 AU persons who had been branded by their own 
 states with Atimia, or had been guilty of any 
 oft'ence against the divine laws were not permitted 
 to contend. (Compare Demosth. c. Aristocrat, p. 
 631, 632.) When the Hellenic race had been ex- 
 tended by colonies to Asia, Africa, and other parts 
 of Europe, persons contended in the games from 
 very distant places ; and in later times a greater 
 number of conquerors came from the colonies than 
 from the mother country. After the conquest of 
 Greece by the Romans, the latter were allowed to 
 take part in the games. The emperors Tiberius 
 and Nero were both conquerors, and Pausanias 
 (v. 20. § 4) speaks of a Roman senator who gained 
 the victory. During the freedom of Greece, even 
 Greeks were sometimes excluded, when they had 
 been guilty of a crime which appeared to the Eleans 
 to deserve this punishment. The horses of Hieron 
 of Syracuse were excluded from the chariot-race 
 through the influence of Tlieraistocles, because he 
 had not taken part with the other Greeks against 
 the Persians. (Pint. Tlicm. 25 ; Aelian, V. H. ix. 
 .5.) All the Lacedaemonians were excluded in the 
 90th Olympiad, because they had not paid the fine 
 for violating the Elean territory, as mentioned 
 above (Tliuc. v. 49, 50 ; Paus. iii. 8. ^ 2) ; and 
 
 similar cases of exclusion are mentioned by the an- 
 cient writers. 
 
 No women were allowed to be present or even 
 to cross the Alpheus during the celebration of the 
 games under penalty of being hurled down from 
 the Typaean rock. Only one instance is re- 
 corded of a woman having ventured to be present, 
 and she, although detected, was pardoned in con- 
 sideration of her father, brothers, and son having 
 been victors in the games. (Paus. v. 6. § 5 * ; Ael. 
 V. H. X. 1.) An exception was made to this law 
 in favour of the priestess of Dcmeter ChamjTic, 
 who sat on an altar of white marble opposite to 
 the Hellanodicae. (Paus. vi. 20. § 6 ; compare 
 Suet. A'c)'. c. 12.) Women were, however, allow- 
 ed to send chariots to the races ; and the first 
 woman, whose horses won the prize, was Cj'nisca, 
 the daughter of Archidamus, and sister of Agesi- 
 laus. (Paus. iii. 8 § 1.) The number of spectators 
 at the festival was vcr\' great ; and these were 
 drawn together not merely by tlie desire of seeing 
 the games, but partly through the opportunity it 
 afforded them of carrying on commercial transac- 
 tions witli persons from distant places (Veil. i. 8; 
 mercatus Olympiacus, Justin, xiii. 5), as is the case 
 with the Mohammedan festivals at Mecca and Me- 
 dina. Many of the persons present were also depu- 
 ties (Sewpol) sent to represent the various states 
 of Greece ; and we find that these embassies vied 
 with one another in the number of their offerings, 
 and the splendour of their general appearance, in 
 order to support the honour of their native cities. 
 The most illustrious citizens of a state were fre- 
 quently sent as S-eojpoi'. (Thuc. vi. 16 ; Andoc. c. 
 Ale. p. 126, 127. Reiske.) 
 
 The OljTnpic festival was a Pentaeteris (Tt^vraf- 
 T-qpis), tliat is, according to the ancient mode of 
 reckoning, a space of four years elapsed between 
 each festival, in the same way as there was only a 
 space of two years between a TpicTTjpi'y. According 
 to the Scholiast on Pindar (ad 01. iii. 35. Bockh), 
 the Olympic festival was celebrated at an interval 
 sometimes of 49, sometimes of 50 months ; in the 
 fonner case in the month of ApoUonius, in the 
 latter in that of Parthenius. This statement has 
 given rise to much difference of opinion from the 
 time of J. Scaliger ; but the explanation of Bdckh 
 in his commentary on Pindar is the most satisfac- 
 tory, that the festival was celebrated on the first 
 fuU moon after the summer solstice, which some- 
 times fell in the month of ApoUonius, and some- 
 times in Parthenius, both of which he considers to 
 be the names of Elean or Olympian months : con- 
 sequently the festival was usually celebrated in the 
 Attic month of Hecatombaeon. It lasted, after all 
 the contests had been introduced, five days, from 
 the 11th to the I5th days of the month inclusive. 
 (Schol. ad Pivd. 01. V. 6.) The fourth day of the 
 festival was the 1 4th of the month, which was the 
 day of the full-moon and wliich divided the month 
 into two equal parts (Sixo/Uijfis /iTjVa, Pind. 01. iii. 
 19 ; Schol. ad loc). 
 
 The festival was under the immediate superin- 
 
 * It would appear from another passage of Pau- 
 sanias that virgins were allowed to be present, 
 though married women were not (TropfieVous 
 ovK eigyovm d€a<7a(T6ai, vi. 20. § 6) ; but this 
 statement is opposed to all others on the subject, 
 and the reading of the passage seems to be doubt- 
 ful. (See Valckenar, ad T/teoer. Adoii. p. 196, 197.) 
 
OLYMPIC GAMES. 
 
 tendence of the Olympian Zeus, whose temple at 
 Olympia, adorned with the statue of the god made 
 by Phidias, was one of the most splendid works of 
 art in Greece. (Pans. v. 1 0, &c.) There were also 
 temples and altars to most of the other gods. The 
 festival itself may be divided into two parts, the 
 games or contests (dywu 'OKvuwiukos, aeSAuv 
 afiiWai, Kpicris d(6Xo>v, TfO/j-ds dedAcop, viKa(po- 
 p'ai), and the festive rites (eoprrj) connected with 
 the sacrifices, with the processions and with the 
 public banquets in honour of the conquerors. Thus 
 Pausanias distinguishes between the two parts of 
 the festival, when he speaks of toc dyava iv 
 'OXv/Miria iravqyvpiu t6 'OKvp.'^iaKi^i' (v. 4. § 4). 
 The conquerors in the games, and private indivi- 
 duals, as well as the tlieori or deputies from the 
 various states, offered sacrifices to the different 
 gods ; but the chief sacrifices were offered by the 
 Eleans in the name of the Elean state. The order 
 in which the Eleans offered their sacrifices to the 
 different gods is given in a passage of Pausanias 
 (v. 14. § .5). There has been considerable dispute 
 among modern writers, whether the sacrifices were 
 offered by the Eleans and the Theori at the com- 
 mencement or at the termination of the contests : 
 our limits do not allow us to enter into the contro- 
 versy, but it appears most probable that certain 
 sacrifices were offered by the Eleans as introductory 
 to the games, but that the majority were not offered 
 till the conclusion, when the flesh of the victims 
 N\ as required for the public banquets given to the 
 viLtors. 
 
 The contests consisted of various trials of strength 
 and skill, which were increased in number fi-om 
 time to time. There were in all twenty-four con- 
 tests, eighteen in which men took part, and six in 
 which boys engaged, though they were never all 
 exhibited at one festival, since some were abolished 
 almost immediately after their institution, and 
 others after they had been in use only a short time. 
 We subjoin a list of these from Pausanias (v. 8. 
 § 2, 3 ; !). § 1, 2 ; compare Plut. Si/nip. v. 2), with 
 the date of the introduction of each, commencing 
 from the Olympiad of Coroebus : — 1. The foot-race 
 (Sprf/tioj), which was the only contest during the 
 first 13 OlJ^npiads. 2. The SiavKos, or foot-race, 
 in which the stadium was traversed twice, first in- 
 troduced in 01. 1 4. 3. The 56\ixos, a still longer 
 foot-race than the SiauAos, introduced in 01. 15.* 
 For a more particular account of the SiavXos and 
 SoAixos see Stadium. 4. Wrestling (irdKri), and, 
 5. The Pentathlum (Trei>Ta6\ov), which consisted 
 of five exercises [Pentathlum], both introduced 
 in 01. 18. 6. Boxing (irvyfiT)), introduced in 01. 23. 
 [PuGiLATUs.] 7. The chariot-race, with four full- 
 grown horses {'iiriroiv reXe'iwi' Spofios, apixa), intro- 
 duced in 01. 25. 8. The Pancratium (JlayKpar lov) 
 [Pancratium], and 0. The horse-race ('/Triros 
 j KtKris), both introduced in 01. 33. 10 and 11. 
 
 * Some words appear to have dropped out of the 
 passage of Pausanias. In every other case he 
 mentions the name of the first conqueror in each 
 new contest, but never the name of the conqueror 
 in the same contest in the following 01. In this 
 passage, however, after giving the name of the first 
 conqueror in the Diaulos, he adds, 4^fjs 
 "AkuvSos. There can be little doubt that this must 
 be the name of the conqueror in the Dolichos ; 
 which is also expressly stated by Africanus (apud 
 Eus. XP""- I- E^'^. o\. p. 39). 
 
 OLYMPIC GAMES. 663 
 
 The foot-race and wrestling for boys, both intro- 
 duced in 01. 37. 12. Tlie Pentathlum for boys, 
 introduced in 01. 38, but immediately afterwards 
 aboUshed. 1 3. Boxing for boys, introduced in 01. 
 41 . 14. The foot-race, in which men ran with the 
 equipments of heavy-armed soldiers (rdv ottAituv 
 SpSfios), introduced in 01. 65, on account of its 
 training men for actual service iu war. 15. The 
 chariot-race with mules (ciTrijcT)), introduced in 01. 
 70 ; and 16. The horse-race with mares (/caA.'rr)), 
 described by Pausanias (v. 9. § 1,2), introduced 
 in 01. 71, both of which were abolished in Oh 84. 
 
 17. The chariot-race with two full-gi'own horses 
 ('lirirav TiKeiwv avvwpis), introduced in 01. 93. 
 
 18, 19. The contest of heralds (ktIpukej) and 
 trumpeters ((ra\7ri7)CToi), introduced in 01. 96. 
 (African, ap. Eiiseb. XP""- i- 'E^A. oA.. p. 41 ; 
 Pans. V. 22. § 1 ; compare Cic. ad Fam. v. 12.) 
 20. The chariot- race with four foals (ir<o\uv 
 apjxauiv)^ introduced in 01. 99. 21. The chariot- 
 race with two foals {irdiKwv (rvvu>ph), introduced 
 in 01. 128. 22. The horse-race with foals (truKos 
 KfXris), introduced in 01. 131. 23. The Pancra- 
 tium for boys, introduced in 01. 145. 24. There was 
 also a horse-race (iV-Tror (ceA.r)s) in which boys rode 
 (Paus. vi. 2. g 4 ; 12. § 1 ; 13. § 6), but we do 
 not know the time of its introduction. Of these 
 contests, the greater number were in existence in 
 the heroic age, but the following were introduced 
 for the first time by the Eleans : — all the contests 
 in which boys took part, the foot-race of Hoplites, 
 the races in which foals were employed, the chariot- 
 race in which mules were used, and the horse-race 
 with mares (KoATr?)). The contests of heralds and 
 trumpeters were also probably introduced after the 
 heroic age. 
 
 Pausanias (v. 9. § 3) says that up to the 77th 
 
 Olympiad all the contests took place in one day ; ' 
 but as it was found impossible in that OljTnpiad to 
 finish them all in so short a time, a new arrange- 
 ment was made. The number of days in the whole 
 festival, which were henceforth devoted to the 
 games, and the order in which they were cele- 
 brated, has been a subject of much dispute among 
 modern writers, and in many particulars can be 
 only matter of conjecture. The following arrange- 
 ment is proposed by Krause {Ohjmpia, p. 106) : — 
 On the first day the initiatory sacrifices were 
 oftered, and all the competitors classed and arrang- 
 ed by the judges. On the same day the contest 
 between the trumpeters took place ; and to this 
 succeeded on the same day and the next the 
 contests of the boys, somewhat in the following 
 order : the Foot- Race, Wrestling, Boxing, the 
 Pentathlum, the Pancratium, and lastly the Horse- 
 Race. On the third day, which appears to have 
 been the principal one, the contests of the men took 
 place, somewhat in the following order : the simple 
 Foot-Race, the Diaulos, the Dolichos, Wrestling, 
 Boxing, the Pancratium, and the Race of Hoplites. 
 On the fourth day the Pentathlum, either before or 
 after the Chariot and Horse-Races, which were 
 celebrated on this day. On the same day or on 
 the fifth, the contests of the Heralds may have 
 taken place. The fifth day appears to have been 
 devoted to processions and sacrifices, and to the 
 banquets given by the Eleans to the conquerors in 
 the Games. 
 
 The judges in the Olympic Games, called Hel- 
 lanodicae ('EWavoSi'/coi), were appointed by the 
 \ Eleans, who had the regulation of the whole festi- 
 
664 OLYMPIC GAMES. 
 
 OLYMPIC GAMES. 
 
 val. It appears to have been originally under the 
 siiperintonden<;e of Pisa, in the neighbourhood of 
 wliich Oljanpia was situated, and accordingly we 
 find in the ancient legends the names of Oenomaus, 
 Pelops, and Augeas as presidents of the Games. 
 But after the conquest of Peloponnesus by the Do- 
 rians on the return of the Hemclidae, the Aetolians, 
 who had been of great assistance to the Heraclidae, 
 settled in Elis, and from this time the Aetolian 
 Elcans obtained the regidation of the festival, and 
 appointed tlie presiding officers. (Strabo, viii. p. 
 357, 358.) Pisa, however, did not quietly re- 
 linquish its claim to the superintendence of the 
 festival, and it is not improbable that at first it had 
 an equal share with the Eleans in its administra- 
 tion. The Eleans themselves only reckoned three 
 festivals in which they had not had the presidency, 
 namely, the 8th, in which Pheidon and the Piseans 
 obtained it ; the 34th, which was celebrated under 
 the superintendence of Pantaleon, king of Pisa; and 
 the 104th, celebrated under the superintendence of 
 the Piseans and Arcadians. These Olympiads the 
 Eleans called dvoKv/xiriciSes, as celebrated contrary 
 to law. (Pans. vi. •2-2. § 2 ; 4. § 2.) 
 
 The Hellanodicae were chosen by lot from the 
 whole body of the Eleans. Pausanias (v. 9. § 4, 5) 
 has given an account of their numbers at different 
 periods ; but the commencement of the passage 
 is unfortunately cornipt. At first, he says, there 
 were only two judges chosen fi-om all the Eleans, 
 but that in the 25th 01. (75th 01?) nine Hel- 
 lanodicae were appointed, tlirce of whom had the 
 superintendence of the horse-races, three of the 
 Pentathlum, and three of the other contests. Two 
 Olympiads after, a tenth judge was added. In 
 the 103rd 01. the number was increased to 12, as 
 at that time there were 12 Elean Phylae, and a 
 judge was chosen fi-om each tribe; l)ut as the 
 Eleans afterwards lost part of their lands in war 
 with the Arcadians, the number of Phylae was re- 
 duced to eight in the l()4th 01., and accordingly 
 there were then onl}' eight IleUanodicae. But in 
 the lOtith 01. the number of Hellanodicae was in- 
 creased to 10, and remained the same to the time 
 of Pausanias. (Pans. /. c.) 
 
 The Hellanodicae were instructed for ten months 
 before the festival by certain of the Elean magis- 
 trates, called NoiJ.O(pv\aKei,m a building devoted to 
 the pm-pose near the market-place, which was called 
 'EAKavoStKauiv. (Paus. vi. 24. § 3.) Their office 
 probaUy only lasted for one festival. They had 
 to see tliat all the laws relating to the games were 
 oljserved by the competitors and others, to deter- 
 mine the prizes, and to give them to the con- 
 querors. An appeal lay from their decision to the 
 Elean senate. (Paus. vi. 3. § 3.) Their office was 
 considered most honourable. They wore a purple 
 robe (TTopcpup'is). and had in the Stadium special 
 seats appropriated to them. (Paus. vi. 20. § 5, (>, 
 7; Bekker p. 249. 4.) Under the direc- 
 
 tion of the Hellanodicae was a certain number of 
 eiAuToi with an dAvrdpxVi at their head, who 
 fonned a kind of police, and carried into execution 
 the commands of the Hellanodicae. (Lucian,//t;/7«. 
 C.40. vol. i. p. 738. Reitz ; Etym. Mag. p. 72. 13.) 
 There were also various other minor officers under 
 the control of the Hellanodicae. 
 
 All free Greeks were allowed to contend in the 
 games, who had complied with the rules prescribed 
 to candidates. The equestrian contests were neces- 
 sarily confined to the wealthy ; but the poorest 
 
 I citizens could contend in the athletic contests, of 
 I which Pausanias (vi. 10. § 1) mentions an exam- 
 ple. This, however, was far fi'om degrading the 
 games in public opinion ; and some of the noblest 
 as well as meanest citizens of the state took part 
 in these contests. The owners of the chariots and 
 horses were not obliged to contend in person ; and 
 the wealthy vied with one another in the number 
 and magnificence of the chariots and horses which 
 they sent to the games. iVlcibiades sent seven 
 chariots to one festival, a greater number than had 
 ever been entered by a private person, (Thuc. vi. 
 16'), and the Greek kings in Sicily, Macedon, and 
 other parts of the Hellenic world contended with 
 one another for the prize in the equestrian contests. 
 
 All persons, who were about to contend, had to 
 prove to the Hellanodicae that they were freemen, 
 of pure Hellenic blood, had not been branded with 
 Atimia, nor guilty of any sacrilegious act. They 
 fui'ther had to prove that they had undergone the 
 preparatory training [wpoyvfiudafiara) for ten 
 months previous, and the tmth of this they were 
 obliged to swear to in the BovXivrripiov at 
 OljTnpia before the statue of Zeus "OpKios. 
 The fathers, brothers, and gymnastic teachers of 
 the competitors, as well as the competitors them- 
 selves, had also to swear that they would be guilty 
 of no crime (KaKovpyrifj.a) in reference to the con- 
 tests. (Paus. V. 24. § 2.) AU competitors were 
 obliged, thirty days previous to the festival, to 
 undergo certain exercises in the Gymnasium at 
 Elis, under the superintendence of the Hellano- 
 dicae. (Paus. vi. 2G. g 1—3 ; 24. § 1.) The different 
 contests, and the order in which they would follow 
 one another, were written by the Hellanodicae 
 upon a tablet (Aeu/cwiua) exposed to public view. 
 (Compare Dion Cass. Ixxix. 10.) 
 
 The competitors took their places by lot, and 
 were of course differently arranged accoi-ding to the 
 different contests in which they were to be engaged. 
 The herald then proclaimed the name and country 
 of each competitor. (Compare Plato, Le;/. viii. p. 
 833.) When they were all ready to begin the 
 contest, the judges exhorted them to acquit them- 
 selves nobly, and then gave the signal to com- 
 mence. Any one detected in bribing a competitor 
 to give the victory to his antagonist was heavily 
 fined ; the practice appears to have been not ini- 
 comnion from the many instances recorded by Pau- 
 sanias (v. 21). 
 
 The only prize given to the conqueror was a 
 garland of wild olive {kotivos), which according to 
 the Elean legends was the prize originally insti- 
 tuted by the Idaean Heracles. (Paus. v. 7. g 4.) 
 But according to Phlegon's account (T\epl tuv 
 'OAv/iviav, p. 140), the olive crown was not given 
 as a prize upon the revival of the games by Iphitus, 
 and was first bestowed in the seventh Olympiad 
 with the approbaticni of the oracle at Delphi. This 
 garland was cut from a sacred olive tree, called 
 e'Aafa KaWiarecpauos, which grew in the sacred 
 grove of Altis inOlympia, near the altars of Aphro- 
 dite and the Hours. (Paus. v. 15. § 3.) Heracles 
 is said to have brought it firom the country of the 
 Hyperboreans, and to have planted it himself in 
 the Altis. (Pind. 01. iii. 14; MuUer, Dor. ii. 12. 
 § 3.) A boy, both of whose parents were still 
 alive (dfxcpi8a\-/is irais) cut it with a golden sickle 
 (xpuo-ij; Speirdi/tji). The victor was originally 
 crowned upon a tripod covered over with bronze 
 (TpiVous eJn'xKAicoj), but afterwards, and in the 
 
OLYMPIC GAMES. 
 
 OLYMPIC GAMES. 665 
 
 time of Pausanias, upon a table made of ivory and 
 gold. (Pans. V. la § 20. § 1, 2.) Palm 
 branches, the common tokens of victory on other 
 occasions, were placed in tlieir hands. The name 
 of the victor, and that of his father and of his 
 country, were then proclaimed by a herald before 
 the representatives of assembled Greece. The 
 festival ended with processions and sacrifices, and 
 with a public banquet given by the Eleans to the 
 conquerors in the Prytaneum. (Paus. v. 15. § 8.) 
 
 The most powerful states considered an OljTnpic 
 victory, gained by one of their citizens, to confer 
 honour upon the state to which he belonged ; and 
 a conqueror usually had immunities and privileges 
 conferred upon him by the gratitude of his fellow- 
 citizens. The Eleans allowed his statue to be 
 placed in the Altis, or sacred grove of Zeus, which 
 was adonied with numerous such statues erected 
 by the conquerors or their families, or at the ex- 
 pence of the states of wliich they were citizens. 
 On his return home the victor entered the city in 
 a triumphal procession, in which his praises were 
 celebrated frequently in the loftiest strains of 
 poetry. (Compare Athlbtae, p. 10.0, 110.) 
 
 Sometimes the victory was obtained without a 
 contest, iji which case it was said to be aKoviri. 
 This happened cither when the antagonist, who 
 was assigned, neglected to come or came too late, 
 or when an Athletes had obtained such celebrity 
 by former conquests or possessed such strength and 
 skill that no one dared to oppose him. (Paus. vi. 
 7. § 2.) When one state conferced a crown upon 
 another state, a proclamation to this effect was fre- 
 quently made at the great national festivals of the 
 Greeks. (Uemosth. de Cor. p. 205.) 
 
 As persons from all parts of the Hellenic world 
 Were assembled together at the Olympic Games, it 
 was the best opportunity which the artist and the 
 writer possessed of making their works known. It 
 in fact, to some extent, answered the same purpose 
 as the press does in modern times. Before the in- 
 vention of printing, the reading of an author's 
 works to as large an assembly as could be obtained, 
 was one of the easiest and surest modes of publish- 
 ing them ; and tliis was a favourite practice of the 
 Greeks and Romans. Accordingly we find many 
 instances of literary works thus published at the 
 OIym])ic festival. Herodotus is said to have read 
 his history at tliis festival ; but though there are 
 some reasons for doubting tlie correctness of this 
 statement, there are numerous other writers who 
 thus published tiieir works, as the sophist Hippias, 
 Prodicus of Ceos, Anaximenes, the orator Lysias, 
 Dion Chrysostom, &c. (Compare Lucian, Herod. 
 c. 3, 4. vol. i. p. 834. Reitz.) It must be borne 
 in mind that these recitations were not contests, 
 and that they formed properly no part of the 
 festival. In the same way painters and other 
 artists exhibited their works at Olympia. (Lucian, 
 I. c.) 
 
 The Olympic Games continued to be celebrated 
 with much splendour under the Roman emperors, 
 by many of whom great privileges were awarded 
 to the conquerors. [Athletae, p. 110.] In the 
 sixteenth year of the reign of Theodosius, a.d. 394 
 (01. 2,')3), the Olympic festival was for ever 
 abolished ; but we have no account of the names 
 of the victors from 01. 249. 
 
 Our limits do not allow us to enter into the 
 question of the influence of the Olympic Games 
 upon the national character; but the reader will 
 
 find some excellent remarks on this subject in 
 Thirl wall's Hist, of Greece, vol. i. p. 390, &c. 
 
 There were many ancient works on the subject 
 of the Olympic Games and the conquerors tiierein. 
 One of the chief sources from which the writers 
 obtained their materials, must have been tlio re- 
 gisters of conquerors in the games, which were 
 diligently preserved by the Eleans. ('HAei'wv ej 
 Tous'OKvjXTnoviKas ypd/j.iJ.aTa, Paus. iii. 21. § 1 ; v. 
 21 . §5 ; vi. 2. § 1 ; rd'HAeiaf ypafifiara dp;(ota,v.4. 
 § 4.) One of the most ancient works on tliis sub- 
 ject was by the Elean Hippias, a contemporary of 
 Plato, and was entitled di'aypa<pT\ 'OKvjnnoviKuv. 
 (Pint. Niima, I.) Aristotle also appears to have 
 written a work on the same subject. (Diog. v. 26.) 
 There was a work by Timaeus of SicUy, entitled 
 'OKvfu-iriovTKai t) xf'"'""' irpa^lSia, and another by 
 Eratosthenes (born B. c. 275) also called 'OKvfi- 
 Trioi/iicai. (Diog. viii. 51.) The Athenian Stesi- 
 cleides is mentioned as the author of an avaypaiprj 
 Tuv dpx6vT0)v Koi 'OKuiJLinoviKuv (Diog. ii. 56), 
 and Pliny (H. N. viii. 34) speaks of Agriopas as a 
 writer of Ohiinpinnicae. 
 
 There were also many ancient works on the 
 Greek festivals in general, in which the Oljinpic 
 Games were of course treated of. Thus the work 
 of Dicaearchus ritpl 'P^ywvuiv (Diog. v. 47), con- 
 tained a division entitled d 'OAU|U7riKc(y. (Athen. 
 xiv. p. G20. d.) 
 
 One of the most important works on the Olym- 
 pic Games was by Phlegon of Tralles, who lived 
 in the reign of Hadrian ; it was entitled Ylepl tuu 
 'OA.u^uTn'toi' or 'OKv/xiriaii' Kol XpoviKoiv ^vi'ayaiy^, 
 was comprised in 1 (i linoks, and extended from the 
 first Olympiad to 01. 229. We still possess two 
 considerable fragments of it. The important work 
 of Julius Africanus, 'EAX^foiv 'OKu/xindSes oiro 
 T-rjs irpiiTT]s, &c., is preserved to us by Eusebius ; 
 it comes down to 01. 249. Dexippus of Athens in 
 his xP<»'"f^ itrropia, carried down the Olympic 
 conquerors to 01. 262. 
 
 In modem works much useful infonnation on 
 the Olympic games is given in Corsini's Dissert. 
 Ayonuiticae, and in Biickh's and Dissen's editions 
 of Pindar. See also Meier's article on the Olym- 
 pic Games, and Rathgeber's articles on Olympia, 
 Oljnnpieion, and Olympischer Jupiter in Ersch and 
 Oruher's Ei/f i/rtii/i'ddie ; Dissen, Ueber die Aitord- 
 Huiiij der Uhjinphclwii Spie/e, in his Kleim Schriften, 
 p. 185; and Krause Olt/mpia odcr Darstellung (k.r 
 (jrossen Olyinpinclicii Spiek, Wicn, 1838. 
 
 In course of time festivals were estiiblished in 
 several Greek states in imitation of the one at 
 Olympia, to which the same name was given. 
 Some of these are only known to us by inscrip- 
 tions and coins ; but others, as the Olympic festi- 
 val at Antioch, obtained great celebrity. After 
 these Olympic festivals had been established in 
 several places, the great OljTnpic festival is some- 
 times designated in inscriptions by the addition of 
 "in Pisa," eV neiVj;. (Compare Biickh, /;iS6r. n. 
 247. p. 361, 362. n. '1068. p. 564.) We subjoin 
 from Krause an alphabetical list of these smaller 
 Olympic festivals. They were celebrated at : — 
 
 Aeyae in Macedonia. This festival was in exist- 
 ence in the time of Alexander the Great. (Airian, 
 Anab. i. 1 1.) 
 
 Alexandria. (Gruter, hiscr. p. cccxiv. n. 240.) 
 In later times the number of Alexandrian con- 
 querors in the great Olympic Games was greater 
 than from any other state. 
 
666 
 
 OLYMPIC GAMES. 
 
 OPERIS NOVI NUNTIATIO. 
 
 Anaxarhus in Cilicia. This festival was not in- 
 troduced till a late period. (Eckhel, Doctr. Num. 
 iii. p. 44.) 
 
 Aidioch in Syria. This festival was celcl)rated 
 at Daphne, a small place, 40 stadia from Antioch, 
 where tliere was a large sacred grove watered by 
 many fountains. The festival was originally called 
 Daphnea, and was sacred to Apollo and Artemis 
 (Strabo, xvi. p. 750; Athenaeus, v. p. 1.94), but 
 was called Olympia, after the inhabitants of An- 
 tioch had purchased from the Eleans, in A. D. 44, 
 the privilege of celebrating Olympic games. It 
 was not, however, regularly celebrated as an Olym- 
 pic festival till tlie time of the emperor Commodus. 
 It commenced on the first day of the month Hy- 
 perberetaeus (October), with which the year of 
 Antioch began. It was under tlie presidency of 
 an Alytarches. The celebration of it was abolish- 
 ed bj' Justin, X. D. 5"21. The writings of Libanius, 
 and of Chrysostom, the Christian Father, who lived 
 many years at Antioch, give many particulars re- 
 specting this festival. 
 
 Atliens. There were two festivals of the name 
 of Olympia celebrated at Athens, one of which was 
 in existence in the time of Pindar ( Pind. Ncm. 
 ii. 23, &c. ; Schol. ad loc), who celebrates the 
 ancestors of the Athenian Timodemus as conquerors 
 in it, and perhaps much earlier (Schol. ad T/iuc. i. 
 126). It was celebrated to tlie honour of Zeus, in 
 the spring between the great Dionysia and the 
 Bendidia. (Bockh, Liscr. p. 53; p. -250— 252.) 
 The other Olympic festival at Athens was insti- 
 tuted by Hadrian A. D. 131 ; from which time a 
 new Olympic aera commenced. (Cormm, Fust. Ait. 
 Tol. ii. p. 105. 110, &c. ; Spartian. Hadr. 13.) 
 [Olympiad.] 
 
 Attalia in Pamphylia. This festival is only 
 known to us b}' coins. (Rathgeber, I. c. p. 326.) 
 
 Cyzicus. (Bockh, Insci: n. 2810.) 
 
 Ci/rene. (BOckh, Ejidicut. PimL p. 328.) 
 
 Dium in Macedonia. These games were insti- 
 tuted by Archelaus, and lasted nine days, corre- 
 sponding to tlie number of the nine Muses. They 
 were celebrated with great splendour by Philip II. 
 and Alexander the Great. (Diodor. xvii. 16 ; Dion 
 Chrysost. vol. i. p. 73. Reiske ; Suidas, s. v. 
 'Apa^avSpiSris.) 
 
 Epliestis. This festival appears by inscriptions, 
 in which it is sometimes called 'ASpiora 'OAufxTrio 
 eV 'E(p4(rco, to have been instituted by Hadrian. 
 (Bcickh, Ivscr. n. 2810 ; compare n. 2987. 3000.) 
 
 Elis. Besides the great Olympic Games, there 
 appear to have been smaller ones celebrated yearly. 
 (^Anecdot. Gr. ed Siebenk. p. 95.) 
 
 Magnesia in Lydia. (Rathgeber, ^. c. p. 326, 327.) 
 
 Neapolis. (Corsini, Diss. A(./on. iv. 14. p. 103.) 
 
 Nlcaea in Bithynia. ( Eustath. ad Diom/s. Periey. 
 p. 172, 173, in Geogr. Min. ed. Beinhnrdy.) 
 
 Nicopo/is in Epirus. Augustus, after the con- 
 quest of Antony, off Actium, founded Nicopolis, 
 and instituted games to be celebrated every five 
 years {dywi' TrecreTrjpi/cJs) in commemoration of 
 his victory. These games are sometimes called 
 OljTiipic, but more frequently bear the name of 
 Actia. Thej' were sacred to Apollo, and were 
 under the care of the Lacedaemonians. (Strabo, 
 vii. p. 325.) ['AKTIA.] 
 
 Olympus in Thessalj', on the mountain of that 
 name. (Schol. ad Apott. Rlmd. Anjonaut. i. 599.) 
 
 Pcrgamos in Mysia. (Bcickh, Inser. n. 2810 ; 
 Mionnet, ii. 610. n! 626.) 
 
 Side in Pamphylia. (Rathgeber, p. 129.) 
 
 Siiitp-na. Pausanias (vi. 14. § 1) mentions an 
 Agon of the Smymaeans, which Corsini {Diss. 
 Arj07i. i. 12. p. 20) supposes to be an Olympic 
 festival. The Marmor Oxoniense expressly men- 
 tions Olympia at Smyrna, and they also occur in 
 inscriptions. (Gruter, Inscr. p. 314. 1 ; Biickh, 
 Inscr. ad n. 1720.) 
 
 Tarsus in Cilicia. This festival is only known 
 to us by coins. (Krause, p. 228.) 
 
 Tegea in Arcadia. (Bockh, Inscr. n. 1513. p. 
 700.) 
 
 Tliessalonica in Macedonia. (Krause, p. 230.) 
 Thyatira in Lydia. (Rathgeber, p. 328.) 
 Tralles in Lydia. (Krause, p. 233.) 
 Ti/rus in Phoenicia. (Rathgeber, p. 328.) 
 ONYX. [Alabaster.] 
 
 OPA'LIA, a Roman festival in honour of Opis, 
 which was celebrated on the 14th day before the 
 Calends of January (Dec. 19th), being the third 
 day of the Saturnalia, which was also originally 
 celebrated on the same day, when only one day 
 was devoted to the latter festival. It was believed 
 that Opis was the wife of Saturnus, and for this 
 reason the festivals were celebrated at the same 
 time. (Macrob. Sat. i. 12; Varro, de Ling. Lat. 
 vi. 22. ed. MuUer; Festus, s. v. Opulia.) The 
 worshippers of Opis paid their vows sitting, and 
 touched the earth on purpose, of which she was. 
 the goddess. (Macrob. /. c.) 
 
 O'PERIS NOVI NUNTIA'TIO was a sum- 
 mary remedy provided by the Edict against a per- 
 son who was making an Opus Novum. An Opus 
 Novum consisted in either adding something in the 
 way of building {(ccdificando) or taking away some- 
 thing so as to alter the appearance of a thing 
 (fades operis). The object of tlie nuntiatio was 
 either the maintenance of a right (Jus) or to pre- 
 vent damage (damnum), or to protect the public 
 interest ( publicum jus). The owner of the pro- 
 perty which was threatened with damage by the 
 Opus Novum or he who had an easement (servitii^) 
 in such property, had the Jus nunciandi. (Dig. 43. 
 tit. 25.) Nuntiatio consisted in protesting against 
 and forbidding the progress of the Opus Novum, on 
 the spot where the work was proceeding and in 
 the presence of the owner or of some person who 
 was there present on his account. The Nuntiatio 
 did not require any application to or interfei-ence 
 on the part of the Praetor. It was a rule of law 
 that the Nuntiatio must take place before the 
 work was completed : after it was completed, the 
 Operis Novi Nuntiatio had no effect, and redress 
 could only be obtained by the Interdict Quod vi 
 aut clam. 
 
 If the Opus Novum consisted in building on the 
 complainant's ground, or inserting or causing any- 
 thing to project into his premises, it was better to 
 apply at once to the praetor, or to prevent it per 
 manum, that is, as it is explained " jactu lapilli," 
 which was a symbol of the use of force for self- 
 protection. 
 
 The Edict declared that after a Nuntiatio no- 
 thing should be done, until the Nuntiatio was de- 
 clared illegal (nuntiatio missa or remissa fiat) or a 
 security (satisdatio de opere restituendo) was given. 
 If the person to whom the notice was given per- 
 severed, even if he had a right to do what he was 
 doing ; yet as he was acting against the praetor's 
 edict, he might be compelled to undo what he had 
 done. By the Nuntiatio, the parties were brought 
 
OPSONIUM. 
 
 OPTIMATES. 
 
 667 
 
 within the jurisdiction of the praetor. In cases 
 where there was danger from the interruption of 
 the work, or the person who was making the Opus 
 Novum, denied the right of the nuntians, he was 
 allowed to go on upon giving a cautio or security 
 for demolition or restoration, in case the law was 
 against him. When the cautio was given or the 
 nuntians waved it, the party was intitled to an 
 interdiotum prohibitorium for his protection in 
 prosecuting the work. 
 
 The eifect of the nuntiatio ceased, when the 
 cautio was given ; when the nuntians died ; when 
 he alienated the property in respect of which he 
 claimed the ,Ius nuntiandi ; or when the praetor 
 permitted the work to go on (operis nnvi nuntio/- 
 iionem .... remcisseril. Lex Gull. Cis. x. ; Dig. 3!) ; 
 tit. 1. s. 2"2, ante reiuissam nuntiaiionem ; Dig. 39. 
 tit. 1). [G. L.J 
 
 OPI'MA SPO'LTA. [Spolia.] 
 OPINATU'PvES were officers under the Ro- 
 man emperors, who were sent into the provinces to 
 obtain provisions for the army. The provisions 
 had to be supplied to them within a year. The 
 i| etymology of the name is uncertain. (Cod. 12. tit. 
 38. s. 11 ; Cod. Theod. 7. tit. 4. s. 26 ; 11. tit. 7. 
 s. 16.) 
 
 f OPISTOGRAPHI. [Liber.] 
 \ O'PPIA LEX. [SuMTUARiAE Leges.] 
 f OPSO'NIUM, or OBSO'NIUM {o^ov, dim. 
 1 o^apiov ; d>|/))/io, Plut. Sympos. Pruh. iv. 1), de- 
 I noted everything which was eaten with bread. 
 Among the ancients loaves, at least preparations 
 of corn in some form or other, constituted the 
 principal substance of every meal. But together 
 with this, which was the staff of their life, tliey 
 I partook of numerous articles of diet called opsonia 
 . OT pulmcntaria (Cato de Re Rusl. 58 ; Mor. f>al. II. 
 ii. 20), designed also to give nutriment, but still 
 more to add a relish to their food. Some of these 
 i; articles were taken from the vegetable kingdom, 
 but were much more pungent and savoury than 
 bread, such as olives, either fresh or pickled, 
 radishes, and sesamum. (Plato, De Repub. ii. 
 p. 85. ed. Bekker ; Xen. Oecon. viii. 9.) Of 
 animal food by much the most common kind was 
 fish, whence the terms under explanation were in 
 j the course of time used in a conhned and special 
 1 sense to denote fish only, but fish variously pre- 
 I pared, and more especially salt fish, which was most 
 I extensively employed to give a relish to the vege- 
 table diet either at breakfast (Menander, p. 70. 
 j ed. Meineke), or at the principal meal. (Plaut. 
 Aulul. II. vi. 3.) For the same reason 6tpo(j>d'yos 
 meant a gourmand or epicure, and 6if/o<payia glut- 
 tony. (Athen. ix. 24 — 37.) 
 
 Of the different parts of fishes the roe was the 
 most esteemed for this purpose. It is still pre- 
 pared from the fish in the very same waters adjoin- 
 ing Myus in Ionia, which wore given to Themis- 
 tocles by the King of Persia. (Thucyd. i. 1 38 ; 
 Corn. Nepos, T/iem. x. 3 ; Diod. Sic. xi. 57.) A 
 jar was found at Pompeii, containing caviare made 
 from the roe of the tunny. {GeW, Pompeiam, 1832, 
 vol. i. p. 178.) 
 
 Some of the principal rapix^tai, or establish- 
 ments for curing fish, were on the southern coast 
 of Spain (Strabo, iii. 4) : but the Gregks obtained 
 their chief supply from the Hellespont (Hermippus 
 ap. Athcn. i. 49. p. 27 e) ; and more especially 
 Byzantium first rose into importance after its 
 establishment bj- the Milesians in consequence of 
 
 the active prosecution of this branch of industrj'. 
 Of all seas the Euxiue was accounted l)y the an- 
 cients the most abundant in fish, and the catching 
 of them was aided by their migratory habits, as in 
 the autumn they passed through the Bosporus 
 towards the South, and in spring returned to the 
 Euxine in order to deposit tfieir spawn in its tri- 
 luitary rivers. At these two seasons they were 
 caught in the greatest quantity, and, having been 
 cured, were shipped in Milesian bottoms and sent 
 to all parts of Greece and the Levant. The princi- 
 pal ports on the Euxine engaged in this traffic 
 were Sinope and Panticapaeum. (Hegewisch, Co- 
 loiiicen drr Grieelien, p. 80.) 
 
 Among the fish used for curing were different 
 kinds of sturgeon (dvraKaios, Herod, iv. 53 ; 
 Schneider, Eel. P/ii/s. i. p. 65 ; ii. p. 48), tunny 
 [a-KofiSpos, Hermippus, ?. c. ; scomher ; irriKafivs, 
 a name still in use with some modification among 
 the descendants of the ancient Phocaeans at Mar- 
 seilles, Passow, Handn'orterhueh, s. c), and nniUet. 
 A minute discussion of their qualities, illustrated 
 by quotations, may be seen in Athenaeus. (iii. 84 
 —93.) 
 
 Plato mentions the practice of salting eggs, 
 which was no doubt intended to convert them into 
 a kind of opsonium {Symp. p. 404. ed. Bekker). 
 The treatise of Apicius, De Opsoniis, is still extant 
 in ten books. 
 
 The Athenians were in the habit of going to 
 market (^ds tovi\iov) themselves in order to pur- 
 chase their opsonia (di|/ai!/€ii', Theophrast. Cliar. 
 28 ; opsonare). [Macellum ; Tixtinnabulum.] 
 But the opulent Romans had a slave, called opso- 
 nutur {o-^wvus), whose office it was to purchase for 
 his master. It was his duty, by learning what 
 flavours were most acceptable to him, by observing 
 what most delighted his eyes, stimulated his ap- 
 petite, and even overcame his nausea, to satisfy as 
 much as possible all the cravings of a luxurious 
 palate. (Sen. Epiist. 47 ; compare Hor. Sat. i. ii. 
 9 ; II. vii. 106 ; Plaut. Menaceh. Ii. ii. 1, Mil. iii. 
 ii. 73.) We may also infer from an epigram of 
 Martial (xiv. 217), tliat there were opsrmutores, or 
 purveyors, who furnished dinners and other enter- 
 tainments at so much per head according to the 
 means and wishes of their employers. Spon 
 (jl/isc. Enid. Ant. p. 214) has published two in- 
 scriptions from monuments raised to tlie memory 
 of Romans who held the office of purveyors to the 
 Imperial family. At Athens both the sale and the 
 use of all kinds of opsonia were superintended by 
 two or three special officers, appointed by the 
 senate, and called d\\/ov6iJ.ot. (Athen. vi. 12.) 
 
 [J. Y.] 
 
 OPTIO. [Centlirio.] 
 
 OPTIMA'TES is synonymous with Optimi, 
 and accordingly signifies the best men in the state, 
 whetlier of noble or plebeian origin. But at Rome, 
 where the reverence for the Mores et Instiiuta 
 Majorum fonned such a prominent feature of the 
 national character, the name Optimates was applied 
 to a political party which we may call the conser- 
 vative or aristocratic party, in contradistinction 
 to the popular party with its desire for change 
 and improvement. As long as the patricians and 
 plebeians were the only two parties in the repuljlic 
 there was no occasion for the appellation of Opti- 
 mates, though Livy (iii. 39), applying expressions 
 very common in his own days, makes M. Horatius 
 Barbatus distinguish between Populares and Opti- 
 
ORACULUM. 
 
 ORACULUM. 
 
 mates instead of between patricians and plebeians. 
 But at the time when a new nobility, consisting 
 of wealthy plebeians as well as patricians, had been 
 fonned, and occupied the place formeriy held by 
 the patricians, the term Optimates began to be ap- 
 plied frequently to persons belonging to this new 
 order of nobiles, and mostly comprehended the 
 Ordo Senatorius and the Ordo Equestris. When 
 at a still later period the interests of the senators 
 and equites became separated, the name Optimates 
 was used in a narrower sense, and only comprised 
 the party consisting of the senate and its cham- 
 pions, in opposition to the popular party, which 
 was now sometimes designated hy the name of 
 Plebs. (Tacit. Amial. iv. 32.) There is a locus 
 classicus on Optimates in Cicero {pro Sext. 45), 
 but in defining the classes of persons to which he 
 applies the term Optimates, he rather follows the 
 etymological than the conventional meaning which 
 the word had assumed in his days. His object in 
 so doing was to remove from the party of the Opti- 
 mates, to which he himself belonged, the odium 
 attached to it by the popular party. (Compare Cic. 
 arf^lW. i. 17, 18, 19.) [L. S.] 
 
 ORA'CULUiM (|UocT€ioi', xfyqtrTi/ipwv) was 
 used by the ancients to designate both the revela- 
 tions made by the deity to man, as well as the 
 place in which such revelations were made. The 
 deity was in none of these places believed to appear 
 in person to man and to communicate to him his 
 will or knowledge of the futui-e, but aU oracular 
 revelations were made through some kind of me- 
 dium, which, as we shall see hereafter, was diffe- 
 rent in the different places where oracles existed. 
 It may, on first sight, seem strange that there 
 were, comparatively speaking, so few oracles of 
 Zeus, the father and ruler of gods and men. But 
 although, according to the belief of the ancients, 
 Zeus himself was the first source of all oracular re- 
 velations, yet he was too far above men to enter 
 with them into any close relation ; other gods 
 therefore, especially Apollo, and even heroes, acted 
 as mediators between Zeus and men, and were, as 
 it were, the organs through which he communi- 
 cated his will. (Soph. Oed. Col. 629 ; Aesch. Eiim. 
 19. 611, &c.) The fact that the ancients consulted 
 the will of the gods on all important occasions of 
 pulilic and private life, arose parti}' from the gene- 
 ral desire of men to know the issue of what they 
 are going to undertake, and paitly from the great 
 reverence for the gods, so peculiar to the ancients, 
 by which they were led not to undertake any- 
 thing of importance without their sanction ; for 
 it should be borne in nfind that an oracle was not 
 merely a revelation to satisfy the curiosity of man, 
 but at the same time a sanction or authorisation by 
 the deity of what man was intending to do or not to 
 do. We subjoin a list of the Greek oracles, clas- 
 sed according to the deities to whom they belonged. 
 I. Oracles of Apollo. 
 
 1. TTie oracle of Delphi was the most celebrated 
 of all the oracles of Apollo. Its ancient name was 
 Pytho, which is either of the same root as irufletr- 
 8ai, to consult, or, according to the Homeric hymn 
 on Apollo (185, &c.), derived from TrvdeaBai, to 
 putrify, with reference to the nature of the loca- 
 lity. Respecting the topography of the temple of 
 Apollo see Pausanias (x. 14. § 7) and MUUer (in 
 Dissents Pindar, ii. p. 628). In the innermost 
 sanctuary (the dSvrov or /u-eyapov), there was the 
 statue of Apollo, which was, at least in later times. 
 
 of gold ; and before it there burnt upon an altar an 
 eternal fire, which was fed only with fir-wood. 
 (Aesch. Choeph. 1036; Pint. De Ei ap. Delph.) 
 The inner roof of the temple was covered all over 
 with laiu'el garlands (Aesch. Eum. 39), and upon 
 the altar laurel was burnt as incense. In the centre 
 of this temple there was a small opening (xofi^o) 
 in the ground from which, from time to time, an 
 intoxicating smoke arose, which was believed to 
 come from the well of Cassotis, which vanished 
 into the ground close by the sanctuary. (Paus. x. 
 24. § 5.) Over this chasm there stood a high tripod, 
 on which the Pythia, led into the temple by the 
 prophetes (irpoifrjTrjj), took her seat whenever the 
 oracle was to be consulted. The smoke rising from 
 under the tripod afifected her brain in such a man- 
 ner that she fell into a state of delirious intoxica- 
 tion, and the sounds which she uttered in this 
 state were believed to contain the revelations of 
 Apollo. These sounds were carefully written 
 down by the prophetes and afterwards communi- 
 cated to the persons who had come to considt the 
 oracle. (Diodor. xvi. 26 ; Strabo, ix. 3. p. 277, &c. 
 Tauchnitz ; Plut. de Orac. Def.) 
 
 The Pythia (the irpocpijris) was always a native 
 of Delphi (Eurip. Ion. 92), and when she had once 
 entered the service of the god she never left it, and 
 was never allowed to marry. In early times she 
 was always a young girl, but after one had been 
 seduced by Echecrates the Thessalian, the Del- 
 phians made a law that in future no one should 
 be elected as prophetess who had not attained the 
 age of fifty years, but in remembrance of former 
 days the old woman was always dressed as a 
 maiden. (Diod./.c.) The Pythia was generally taken 
 from some family of poor country-people. At first 
 there was only one Pythia at a time, but when 
 Greece was in its most flourishing state, and when 
 the number of those who came to consult the oracle 
 was very great, there were always two Pythias 
 who took their seat on the tripod alternately, and 
 a third was kept in readiness in case some accident 
 should happen to either of the two others. (Plut. 
 QuaeM. Gntec. c. 9.) The effect of the smoke on 
 the whole mental and physical constitution is said 
 to have sometimes been so great, that in her deli- 
 rium she leaped from the tripod, was thrown into 
 convulsions, and after a few days died. (Plut. de 
 Orac. Drf. c. 51.) 
 
 At first oracles were only given once every 
 year, on the seventh of the month of Bysius (pro- 
 bably the same as XlvSws, or the month for con- 
 sulting), which was believed to be the birthday of 
 Apollo (Plut. Qmest. Gr. c. 9), but as this one 
 day in the course of time was not found sufficient, 
 certain days in every month were set apart for the 
 purpose. {Pint. Ah\r. 14.) The order, in which 
 the persons who came to consult were admitted, 
 was determined by lot (Aesch. Eum. 32 ; Eurip. 
 Ion, 422); but the Delphian magistrates had the 
 power of granting the right of Upofj-avre'ia, i. e. the 
 right of consulting first, and without their order 
 being determined by lot, to such individuals or 
 states as had acquired claims on the gratitude of 
 the Delphians, or whose political ascendancy seem- 
 ed to give them higher claims than others. Such 
 was the case -with Croesus and the Lydians 
 (Herod, i.54), with the Lacedaemonians ( Plut. Pec. 
 21), and Philip of Macedonia. (Demosth. c. Ptiil- 
 iii. p. 119.) It appears that those who consulted 
 the oracle had to pay a certain fee, for Herodotus 
 
ORACULUM. 
 
 ORACULUM. 
 
 669 
 
 states that the Lydians wore honoured with 
 oTcAeio by the Delphiaus. The Pythia always 
 spent three days, before she ascended the tripod, 
 in preparing herself for the solemn act, and 
 during this time she fasted, and bathed in the Cas- 
 talian well, and dressed in a simple manner ; she 
 also burnt in the temple laurel leaves and flour of 
 barley upon the altai' of the god. (Schol. odEarip. 
 Plmen. 230 ; Plut. dc Pi/th. Or. c. 6.) Those who 
 consulted the oracle had to sacrifice a goat, or an 
 ox, or a sheep, and it was necessary that these 
 victims should be healthy in body and soul, 
 and to ascertain this they had to undergo a pecu- 
 liar scrutiny. An ox received barley, and a sheep 
 chick-peas to see whether they ate them \vith 
 appetite ; water was poured over the goats, 
 and if this put them into a thorough tremble the 
 victim was good. (Plut. de Or. Dof. 49.) The 
 victim which was thus found eligible was called 
 oaui>TT\p. (Plut. Quacst. Or. 9.) Wachsmuth 
 {Hdlen. Alt. ii. 2. p. 264) states that all who 
 came to consult the oracle wore laurel-garlands sur- 
 rounded \vith ribands of wool, but the passages 
 from which this opinion is derived, only speak of 
 such persons as came to the temple as suppliants. 
 (Herod, vii. 14; Aesch. Choeph. 1035.) 
 
 The Delphians, or more properly speaking the noble 
 families of Delphi, had the superintendence of the 
 oracle. Among the Delphian aristocracy, however, 
 there were five families which traced their origin to 
 Deucalion, and from each of these one of the five 
 priests, called oVioi, was taken. (Eurip. Ion, 411 ; 
 Plut. Quaest. Gr. c. 9.) Three of the names of 
 these families only are known, viz., the Cleo- 
 mantids, the Thracids (Diod. xvi. 24 ; Lj'curg. c. 
 Leocrut. p. 158), and the Laphriads. (Hesych. 
 
 The oVioi, together with the high priest or pro- 
 phetes, held their offices for life, and had the con- 
 trol of all the atfairs of the sanctuary and of the 
 sacrifices. (Herod, viii. 136.) That these noble 
 families had an immense influence upon the oracle 
 is manifest from numerous instances, and it is not 
 improbable that they were its very soul, and that 
 it was they who dictated the pretended revelations 
 of the god. (See especially, Lycurg. e. Leocrat. p. 
 158; Herod, vii. 141 ; vi. 66; Plut. Pericl. 21; 
 Eurip. 1219. 1222. 1110.) 
 
 Most of the oracular answers which are extant, 
 are in hexameters and in the Ionic dialect. Some- 
 times, however, Doric forms also were used. (Herod, 
 iv. 157. 159.) The hexameter was, according to 
 some accounts, invented by Phemonoe, the first 
 Pythia. This metrical form was chosen, partly 
 because the words of the god were thus rendered 
 more venerable, and partly because it was easier to 
 remember verse than prose. ( Plut. dc Pytli. Or. 1 9.) 
 Some of the oracular verses had metrical defects, 
 which the faithful among the Greeks accounted for 
 in an ingenious manner. (Plut. c. c. 5.) In the 
 times of Theopompus, however, the custom of 
 giving the oracles in verse seems to have gradually 
 ceased ; they were henceforth generally in prose, 
 and in the Doric dialect spoken at Delphi. For 
 when the Greek states had lost their political 
 liberty, there was little or no occasion to consult 
 the oracle on matters of a national or political 
 nature, and the afiairs of ordinary life, such as the 
 sale of slaves, the cultivation of a field, marriages, 
 voyages, loans of money, and the like, on whicli 
 tlie oracle was then mostly consulted, were little 
 
 calculated to be spoken of in lofty poetical strains. 
 (Plut. de Pijth. Or. 28.) When the oracle of 
 Delphi lost its importance in the eyes of the an- 
 cients, the number of persons who consulted it 
 naturally decreased, and in the days of Plufcirch 
 one Pythia was, as of old, sufficient to do all the 
 work, and oracles were only given on one day in 
 every month. 
 
 The divine agency in Pytho is said to have first 
 been discovered by shepherds who tended their 
 flocks in the neighbourhood of the chasm, and 
 whose sheep, when approaching the place, were 
 seized with convulsions. (Diodor. xvi. 26 ; Plut. 
 de Defect. Or. c. 42.) Persons who came near 
 the place showed the same symptoms and re- 
 ceived the power of prophecy. This at last in- 
 duced the people to build a temple over the sacred 
 spot. According to the Homeric hymn on Apollo, 
 this god was himself the founder of the Delphic 
 oracle, but the local legends of Delphi stated that 
 originally it was in the possession of other deities, 
 such as Gaea, Themis, Phoebe, Poseidon, Night, 
 Cronos, and that it was given to ApoUo as a pre- 
 sent. (Aeschyl. Eum. 3, &c. ; compare Pans. x. 5; 
 Ovid, Metum. i. 321 ; Argiuu. ad Find. Pylh.; 
 Tzetzes, Lya/phr. 202.) Other traditions again, 
 and these perhaps the most ancient and genuine, 
 represented Apollo as having gained possession of 
 the oracle by a struggle, which is generally de- 
 scribed as a fight, with Python, a di'agon, who 
 guarded the oracle of Gaea or Themis. 
 
 The oracle of Delphi, during its best period, was 
 believed to give its answers and advice to every 
 one who came with a pure heart and had no evil 
 designs ; if he had committed a crime, the answer 
 was refused until he had atoned for it (Herod, i. 
 19. 22), and he who consulted the god for bad pur- 
 poses was sure to accelerate his own ruin. (Herod, 
 iv. 86; Pans. ii. 18. § 2.) No religious institu- 
 tion in all antiquity obtained such a paramount in- 
 fluence, not only in Greece, but in all countries 
 around the Mediterranean, in all matters of im- 
 portance, whether relating to religion or to politics, 
 to private or to public life, as the oracle of Delphi. 
 When consulted on a subject of a religious nature, 
 the answer was invariably of a kind, calculated 
 not only to protect and preserve religious institu- 
 tions, but to command new ones to be established 
 (Demosth. c. Mid. 15 ; Herod, v. 82 ; i. 165, «&;c.), 
 so that it was the preserver and promoter of reli- 
 gion throughout the ancient world. Colonies were 
 seldom or never founded without having obtained 
 the advice and the directions of the Delphic god. 
 (Cic. de Dir. i. 1.) Hence the oracle was consult- 
 ed in all disputes between a colony and its metro- 
 polis, as well as in cases where several states claim- 
 ed to be the metropolis of a colony. (Thucyd. i. 
 25. 28 ; Diodor. xv. 18.) The Delphic oracle had 
 at all times a leaning in favour of the Greeks of 
 the Doric race, but the time when it began to lose 
 its influence must be dated from the period when 
 Athens and Sparta entered upon their stniggle for 
 the supremacy in Greece ; for at this time the par- 
 tiality for Sparta became so manifest, that the 
 Athenians and their party began to lose all reve- 
 rence and esteem for it (Plut. Demosth. 20), and 
 the oracle became a mere instrument in the hands 
 of a political party. In the times of Cicero and 
 Plutaixh many believed that the oi-ade had lost the 
 powei's which it had possessed in former days, but 
 it still continued to be consulted down to the times 
 
670 
 
 ORACULUM. 
 
 ORACULUM. 
 
 of the emperor Julian, until at last it was entirely 
 done away with by Theodosius. 
 
 Notwithstanding the general obscurity and am- 
 biguity of most of the oracles given at Delphi, 
 there are many also which convey so clear and 
 distinct a meaning, that thej' could not possibly be 
 misunderstood, so that a wise agency at the bottom 
 of the oracles cannot be denied. The manner in 
 which this agency has been explained at different 
 times, varies greatlj' according to the spirit of the 
 age. During the best period of their history the 
 Greeks, generally speaking, had undoubtedly a 
 sincere faith in the oracle, its counsels and direc- 
 tions. When the sphere in which it had most 
 benefitted Greece became narrowed and confined to 
 matters of a private nature, the oracle could no 
 longer command the veneration with which it had 
 been looked upon before. The pious and believing 
 heathens, however, thought that the god no longer 
 bestowed his former care upon the oracle, and that 
 he was beginning to withdraw from it ; wliile free- 
 thinkers and unbelievers looked upon the oracle as 
 a skilful contrivance of priestcraft which had then 
 outgrown itself. This latter opinion has also been 
 adopted by many modem writers. The early 
 Christian writers, seeing that some extraordinary 
 power must in several cases have been at work, re- 
 presented it as an institution of the evil spirit. In 
 modern times opinions are very much divided, 
 fllillmann, for example, has endeavoured to show 
 that the oracle of Delphi was entirely managed and 
 conducted by the aristocratic families of Delphi, 
 which thus are described as forming a sort of hier- 
 archical senate for all Greece. If so, the Delphic 
 senate surely was the wisest of all in the history of 
 the ancient world. Klausen, on the other hand, 
 seems to be inclined to allow some truly divine in- 
 fluence, and at all events thinks that even in so far 
 as it was merely managed bj' men, it acted in most 
 cases according to lofty and pure moral principles. 
 
 The modern literature on the Delphic oracle is 
 very rich ; the most important works are:' — C. F. 
 Wilster, De Reliyionc et Oraculo Ajmlliuis Ddphki, 
 Hafniae, 1827 ; H. Piotrowski, />(■ Gravitate Oia- 
 culi Delpliici, Lipsiae, 1829 ; R. H. Klausen, in 
 Krsch mid Oridier^s Encyclop'ddie, s. v. Orakcl; K. 
 D. HiiUmann, W'urdigung des Delplmclien Orakels, 
 Bonn, 1837 ; W. Giitte, Das Delphisdie Orakel, in 
 aeiueni poliii$chcn^ rclu/i'6sc?i und sittlicken Kin- 
 fliiss auf die. alte Welt, Leipzig, 1839. 
 
 2. Grade at Abae in Pliocis. An oracle was be- 
 lieved to have existed here from very early times 
 (Pans. X. 35. § 2), and was held in high esteem by the 
 Phocians. (Soph. Oed. Tyr. 899 ; Herod, viii. 33.) 
 Some years before the Persian invasion, the Pho- 
 cians gained a victory over the Thessalians, in which 
 they obtained among other spoils, four thousand 
 shields, half of which they dedicated in the temple 
 of Apollo at Abae, and half in that of Delphi. 
 (Herod, viii. 27.) The oracle was like many others 
 consulted by Croesus, but he does not seem to have 
 found it agreeing with his wishes. (Herod, i. 46.) 
 In the Persian invasion of Xerxes the temple of 
 Abae was burnt down, and like all other temples 
 destroyed in this invasion it was never rebuilt. 
 The oracle itself, however, remained, and before 
 the battle of Leuctra it promised victory to the 
 Thebans ; but in the Phocian or sacred war, when 
 some Phocian fugitives had taken refuge in the 
 ruins, they were entirely destroyed by the Thebans. 
 (Paus. I. r.) But even after this calamity the 
 
 oracle seems to have been consulted, for the Ro- 
 mans, from reverence for the oracle, allowed the 
 inhabitants of Abae to govern themselves. Hadrian 
 built a small temple by the side of the old one, some 
 walls of which were still standing as ruins in the 
 time of Pausanias (x. 35. § 2, 3). 
 
 3. Grade on tlie liill of Ptooii, in the territory of 
 Thebes. The oracle was here given through the 
 medium of a man called irpo^avris, and the first 
 promantis was said to have been Teneros, a son of 
 Apollo. (Strab. ix. 2. p. 207. Tauchnitz ; Paus. ix. 
 33. § 3.) The oracles were usuallj' given in the 
 Aeolian dialect, but when Mys, the Carian, con- 
 sulted the god, the answer was given in the Carian 
 language (Paus. /. c), so that instead of the three 
 Thebans who generally wrote down the oracles, 
 the Carian was obliged to do it himself. (Herod, 
 viii. 135.) When Alexander the Great destroyed 
 Thebes, the oracle also perished. (Paus. ix. 33 § 3.) 
 In the time of Plutarch the whole district was 
 completely desolate. {IJe Grac. Def. c. 8.) 
 
 4. Grade of Apollo at lavietiion, in Boeotia, 
 south of Thebes. The temple of Apollo Ismenios 
 was the national sanctuarj- of the Thebans. The 
 oracle was .here not given by inspiration, as in 
 other places, but from the inspection of the victims. 
 (Herod, viii. 134.) On one occasion it gave its 
 prophecy from a huge cobweb in the temple of 
 Demeter. (Diodor. xvii. 10 ; compare Paus. ix. 10. 
 § 2, &c.) 
 
 5. Grade of Apollo at Hi/siae, on the frontiers 
 of Attica. This place contained an oracle of Apollo 
 with a sacred well, from which those drank who 
 wished to become inspired. In the time of Pausa- 
 nias the oracle had become extinct. (Paus. ix. 2. § 1.) 
 
 6. Grade (f Apollo cd Tegijra, was an ancient 
 and much frequented oracle, which was conducted 
 by prophets. The Pythia herself on one occasion 
 declared this to be the birth-place of Apollo. In 
 the time of Plutarch the whole district was a wil- 
 derness. (Plut. de Grac. Def. c. 8; Pelap. 16; 
 Steph. Byz. s. v. Teyvpa.) 
 
 7. Grade of Apollo in tlie. villarie (f Eufresis, in 
 the neighbourhood of Leuctra. (Steph. Bj'z. s. c. 
 EuTpriais; Eustath. ad Iliad, ii. 502.) This oracle 
 became extinct during the Macedonian period. 
 (Plut. de Grac. Def. c. 5.) 
 
 8. Orach of Apollo at Grohiac, in Euboea. 
 Apollo here bore the surname of the Selinuntian. 
 (Strab. X. 1. p. 320. Tauch.) 
 
 9. Grade of Apollo in the Lycetmi at Argos, 
 The oracle was here given by a prophetess. (Plut. 
 Pyrrh. 31.) 
 
 10. Grade, of Apollo Deiradiotes, on the acropo- 
 lis of Larissa. The oracle was given b}' a pro- 
 phetess, who was obliged to abstain from matri- 
 monial connexions, once in everj^ month. She was 
 believed to become inspired by tasting of the blood 
 of a lamb which was sacrificed during the night. 
 This oracle continued to be consulted in the days 
 of Pausanias (ii. 24. § 1). 
 
 1 1 . Grade of Ajiollo at Didyma, usually called 
 the oracle of the Branchidae, in the territory of 
 Miletus. This was the oracle most generally con- 
 sulted liy the lonians and Aeolians. (Herod, i. 
 158.) The temple, however, was said to have been 
 founded previously to the arrival of the lonians on 
 the coast of Asia (Paus. vii. 2. § 4), and the altar 
 was said to have been built by Heracles, and the 
 temple by Branchos, a son of Apollo, who had 
 come from Delphi as a purifying priest. (Paus. v. 
 
ORACULUM. 
 
 ORACULUM. 
 
 671 
 
 ; 13. § 6 ; Strab. xiv. 1. p. 1 65.) Hence this oracle, 
 ! like that of Delphi, combined purifying or atoning 
 • rites with the practice of prophesying. (MUUer, 
 Dor. ii. 2, § 6.) The real antiquity of the oracle, 
 , however, cannot be traced further back than the 
 latter half of the 7th century before our aera. 
 (Soldan,p.553,&c.) The priests called Branchidae, 
 I who had the whole administration of the oracle, 
 iwere said to be the descendants of Bi-anchos. 
 The high priest bore the name Stephanephorus. 
 ; Among them was one family which possessed the 
 hereditary gift of prophecj', and was called the 
 1 family of the Euangelidae. (Conon, 44.) The 
 I oracle was under the especial management of a 
 prophet, whose office did not last for life. The 
 . oracles were probably inspired in a manner similar 
 I to that at Delphi. (Pans. v. 7. § 3.) Croesus made 
 \ to this oracle as munificent presents as to that of 
 Delphi. (Herod, i. 46, &c.) The principles which 
 it followed in its counsels and directions were also 
 the same as those followed by the Delphians. The 
 Persians burnt and plundered the temple as had 
 . been predicted by the Pythia of Delphi (Herod, vi. 
 , 19) ; but it was soon restored and adorned with a 
 fine brazen statue of Apollo (Pans. ii. 10. § 4 ; i.x. 
 : 10. § 2; compare M'liller, Arcliaeol. d. Kuuai. § 
 86), which Xerxes on his retreat carried with him 
 'i to Ecbatana. A part of the Branchidae had sur- 
 , rendered to Xerxes the treasures of the temple and 
 I were at their own request transplanted to Bac- 
 triana (Strabo, 1. c), where their descendants are 
 said to have been severely punished by Alexander 
 , for their treachery. (Curt. vii. 5.) Seleucus sent 
 1 the statue of Apollo back to Didyma, because the 
 oracle had saluted him as king. (Pans. i. 16. § 3; 
 Diodor. ix. 90.) The oracle continued to be con- 
 sulted after the faithlessness of its ministers. Some 
 ruins of the temple at Didyma are still extant. 
 (Compare the Commentators on Herod, i. 92 ; 
 Suid. s. V. Bgayx'^Sai ; Droysen, Gesch. A lex. des 
 \ Grossen, p. 307 ; and an excellent essay by W. G. 
 
 Soldan, Das Orakei der Dranchulcn., in Ziinmer- 
 \ manri's Zeitschrift fur die Altcrthumsiviss. 1841. 
 ' No. 66, &c.) 
 
 12. Oracle of Apollo at Claros, in the territory 
 of Colophon. It was said to have been founded by 
 Cretans under Rhacius, previous to the settlement 
 of the lonians in Asia Minor. The early legends 
 put this oracle in connection with Delphi, from 
 whence Manto, the daughter of Teiresias, came to 
 Claros, married Rhacius and gave birth to Mopsos, 
 from whom the prophets of Claros were probably be- 
 lieved to be descended. (Paus.vii. 3. § 1,2.) This 
 
 1 oracle was of great celebrity, and continued to be 
 j consulted even at the time of the Roman emperors. 
 [ (Pans. vii. 5. § l,&c. ; Strabo, xiv. l.p. 1 7«. Tauch. ; 
 ': Tacit. Annal. xii. 22.) The oracles were given 
 through an inspired prophet, who was taken from 
 1 certain Milesian families. He was generally a 
 i man without any refined education, had only the 
 i names and the number of the persons who consult- 
 ed the oracle stated to him, and then descended 
 into a cavern, drank of the water from a secret 
 , well, and afterwards pronounced the oracle in verse. 
 (Tacit. Annal. ii. 54.) 
 
 13. Oracle of Apollo at Gr?/nea, in the tei-Yitovy 
 of the Myrinaeans. (Hecat. Fragm. 211.) 
 
 14. Oracle of Apollo Gommpaeus, in Lesbos. 
 (Schol. Arisioph. Ntd>. 145.) 
 
 15. Orcwlc of Apollo at Abdera. (Pindar, a.p. 
 T^etzes Li/cophr. 445.) 
 
 16. Oracle of Apollo in Delos, which was only 
 consulted in summer. (Callim. Hymn, in Del. i. ; 
 Serv. ad Virg. Aen. iv. 143.) 
 
 17. Oracle of Apollo at Patara, in Lycia, was 
 only consulted in winter. The prophetess (nrpS- 
 IMVTis) spent a night in the temple to wait for the 
 communications which the god might make to her. 
 (Herod, i. 182 ; Serv. ad Virg. Aen. iv. 143.) 
 
 18. Oracle of Apollo at Telmessus. The priests 
 of this institution did not give their answers by 
 inspiration, but occupied themselves chiefly with 
 the interpretation of dreams, whence Herodotus 
 (i. 78 ; compare Cic. De Div. i. 41 ; Arrian, ii. 3) 
 calls them elrjyTjTai. But they also interpreted other 
 marvellous occurrences. Near Telmessus there was 
 another oracle of Apollo, where those who con- 
 sulted it had to look into a well, which showed 
 them in an image the answer to their questions. 
 (Paus. vii. 21. § 6.) 
 
 19. Oracle of Apollo at Mallos, in Cilicia. 
 (Strabo, xiv. 5. p. 231, &c. ; Arrian, ii. 5.) 
 
 20. Oracle of the Sarpcdonian Apollo, in Cilicia. 
 (Diodor. Eire, xxxviii. 12.) 
 
 21. Oracle of Apollo at Hyhla, in Caria. (Athen. 
 XV. p. 672.) 
 
 22. Orach of Apollo at Hiera Kome, on the 
 Maeander, a celebrated oracle which spoke in good 
 verses. (Liv. xxxviii. 13; Steph. Byz. s. v.) 
 
 II. Oracles of Zeus. 
 
 1. Oracle of Zeus at Olympia. In this as in the 
 other oracles of Zeus the god did not reveal him- 
 self by inspiration, as Apollo did in almost all of 
 his oracles, but he merely sent signs which men 
 had to interpret. Those who came to consult the 
 oracle of Olympia offered a victim, and the priest 
 gave his answers from the nature of the several 
 parts of the victim, or from accidental circumstances 
 accompanying the sacrifice. (Herod, viii. 134 ; 
 Strabo, viii. 3. p. 171.) The prophets or inter- 
 preters here belonged to the family of the lamids. 
 In early times the oracle was much resorted 
 to, and Sophocles (OcJ. Tyr. 900) mentions it 
 along with the most celebrated oracles ; but in 
 later times it was almost entirely neglected, pro- 
 bably because oracles from the inspection of victims 
 might be obtained anywhere. The spot, where the 
 oracles were given at Olympia, was before the altar 
 of Zeus. (Find. 01. vi. 70.) It was especially 
 those who intended to take part in the 01}Tnpic 
 games that considted the oracle about their success 
 (Pind. 01. viii. 2), but other subjects were also 
 brought before it. 
 
 2. Oracle of Zeus at Dodona. Here the oracle 
 was given from sounds produced by the wind. 
 The sanctuary was situated on an eminence. 
 (Aeschyl. Prom. 830.) Although in a barbarous 
 country, the oracle was in close connection with 
 Greece, and in the earliest times apparently much 
 more so than afterwiu'ds. (Hom. II. xvi. 233.) 
 Zeus himself, as well as the Dodonaeans, were 
 reckoned among the Pelasgians, wliich is a proof 
 of the ante-hellenic existence of the worship of 
 Zeus in these parts, and perhaps of the oracle also. 
 (Hesiod. and Ephor. ap. Strab. vii. 7. p. 124, &c.) 
 The oracle was given from lofty oaks covered with 
 foliage (Hom. Od. xiv. 328; xix. 297), whence 
 Aeschylus {Prom. 832 ; compare Soph. Track. 1170) 
 mentions the speaking oaks of Dodona as great 
 wonders. Beech-trees, however, are also men- 
 tioned in connection 'with the Dodonaean oracle, 
 which, as Hesiod {Frugm. 39 ; Soph. Track. 169 ; 
 
672 
 
 ORACULUM. 
 
 ORACULUM. 
 
 Herod, ii. 55) said, dwelled in the stem of a beech- 
 tree. Hence we may infer that the oracle was not 
 thought to dwell in any particular or single tree, 
 but in a grove of oaks and beeches. The will of 
 the god was made manifest by the rustling of the 
 wind through the leaves of the trees, which are 
 therefore represented as eloquent tongues. In 
 order to render the sounds produced by the winds 
 more distinct, brazen vessels were suspended on 
 the branches of the trees, which being moved by 
 the wind came in contact with one another, and 
 thns sounded till they were stopped. (Suid. s. r. 
 AoSwcT) ; Philostrat. Imaij. ii.) Another mode of 
 producing the sounds was this :■ — There were two 
 columns at Dodona, one of which bore a metal 
 basin, and the other a boy with a scourge in his 
 hand ; the ends of the scourge consisted of little 
 bones, and as they were moved by the wind they 
 knocked against the metal basin on the other 
 column. (Steph. Byz. s. v. t^oZiLvt] ; Suid. s. v. 
 t^o^uivoLiov xiAKcior ; Strabo, Excerpt, e.c lib. vii. 
 fin. p. 128. Tauchn.) According to other accounts 
 oracles were also obtained at Dodona through 
 pigeons, which sitting upon oak-trees pronounced 
 the will of Zeus. (Dionys. Hal. i. p. 12. Sylburg.) 
 The sounds were in early times interpreted bj' men 
 (Strab. vii. 7. p. 126. Tauchn.), but afterwards, 
 when the worship of Dione became connected with 
 that of Zeus, by two or three old women who 
 were called ireAeioSes or ircAami, because pigeons 
 were said to have brought the command to found 
 the oracle. (Soph. Track. 169, with the Schol. ; 
 Herod. I. c. ; Pans. x. 12. $ 5.) In the time of 
 Herodotus(i'.c.)the names of the three prophetesses 
 were Promencia, Tiniarete and Nicandra. They 
 were taken from certain Dodonaean families, who 
 traced their pedigree back to the mythical ages. 
 There were, however, at all times priests called 
 TOfj-uvpoi (Strab. /. c.) connected with the oracle, 
 who on certain occasions interpreted the sounds ; 
 but how the functions were divided between them 
 and the Pelaeae is not clear. In the historical 
 times the oracle of Dodona had less influence than 
 it appears to have had at an earlier period, but it 
 was at all times inaccessible to bribes and refused 
 to lend its assistance to the Doric interest. (Com. 
 Nep. Lysand. 3.) It was chiefly consulted by the : 
 neighbouring tribes, the Aetolians, Acarnanians, 
 and Epirotae (Pans. vii. 21. § 1 ; Herod, ix. 93), 
 and by those who would not go to Delphi on ac- ' 
 count of its partiality for the Dorians. There ' 
 appears to have been a very ancient connection i 
 between Dodona and the Boeotian Ismenion. 1 
 (Strab. ix. 1. p. 250. Tauchn. ; compare MiiUer, i 
 Orchtjm. p. 397.) J 
 
 The usual form in which the oracles were given 
 at Dodona was in hexameters ; but some of the I 
 oracles yet remaining are in prose. In 219 B. c. 
 the temple was destroyed b5' the Aetolians, and i 
 the sacred oaks were cut down (Polyb. iv. 67), but < 
 the oracle continued to exist and to be consulted, < 
 and docs not seem to have become totally extinct ] 
 until the third century of our acra. In the time 1 
 of Strabo the Dodonaean prophetesses are expressly ( 
 mentioned, though the oracle was already decaying ( 
 like all the others. (Strab. vii. 7. p. 124.) ( 
 
 Compare Cordes, Du Oraculo Doikmaco, Gro- t 
 ningen, 1820 ; J. Arneth, Ucbc.r das Tatibctiorakal ( 
 von Dodona, Wien, 1840; L. von Lassaulx, iias i 
 I\las</ische Orakel dcs Zeus zu JJudoi/a, cin Bciiray < 
 zm- RcligionsjMlosojMc,\\ 'uri\)\\Yg, 1840. i 
 
 3. Oracle of Zeus Amnion, in an oasis in Libya, 
 not for from the boundaries of Egj'pt. According 
 to the traditions current at Dodona and Thebes in 
 Egypt, it was founded by the latter city (Herod. 
 
 ii. 42 ; 54, &c.), and the fonn in which the god 
 was represented at Thebes and in the Ammonium 
 was the same ; he had in both places the head of a 
 ram. (Herod, iv. 181.) The Greeks became ac- 
 quainted with this oracle through the Cyreneaus, 
 and Spai-ta was the first city of Greece which 
 formed connections with it. (Paus. iii. 18. § 2.) 
 Its example was followed by the Thebans, Olym- 
 pians, Dodonaeans, Eleans, and others, and the 
 Athenians sent frequent theories to the Ammo- 
 nium even before 01. 91 (Bockh, Staalsh. ii. p. 
 258), and called one of their sacred vessels Animo- 
 nis. (Hesych. and Suid. s. v. " hfiixtev ; Harpocrat. 
 >. V. 'AntmovLS.) Temples of Zeus Ammon were 
 now erected in several parts of Greece. His oracle 
 in Libya was conducted by men who also gave the 
 answers. (Diodor. xvii. 51.) Their number ap- 
 pears to have been very great, for on some occasions 
 when they carried the statue about in a procession, 
 their number is said to have be(!n eighty. (Diodor. 
 
 iii. 50.) In the time of Strabo (xvii. I. p. 458) 
 the oracle was very much neglected and in a 
 state of decay. The Cireek writers who are accus- 
 tomed to call the greatest god of a barbarous 
 nation Zeus, mention several oracles of this divinity 
 in foreign countries. (Herod, ii. 29 ; Diodor. iii. 6.) 
 
 III. Oraclks of other gods. 
 The other gods who possessed oracles were con- 
 sulted only conceniing those particular departments 
 of the world and human life over which they pre- 
 sided. Dcmeter thus gave oracles at Patrae in 
 Achaia, but only concerning sick persons, whether 
 their suft'erings would end in death or recovery. 
 Before the sanctuary of the goddess there was a 
 well surrounded by a wall. Into this well a mir- 
 ror was let down by means of a rope, so as to swim 
 upon the surface. Prayers were then performed 
 and incense offered, whereupon the image of the 
 sick person was seen in the miiTor either as a 
 corpse or in a state of recovery. (Paus. vii. 21. § 
 5.) At Pharae in Achaia, there was an oracle of 
 Hermes. His altar stood in the middle of the 
 maiket-place. Incense was offered here, oil-lamps 
 were lighted before it, a copper coin was placed 
 upon the altar, and after this the question was j]Ut 
 to the god by a whisper in his ear. The person 
 who consulted him, shut his own cars and imme- 
 diately left the market-place. The first remark 
 that he heard made by any one after leaving the 
 market-place was believed to imply the answer of 
 Hennes. (Paus. vii. 22. § 2.) 
 
 There was an Oracle of Pluto and Cora at 
 Charax, or Acharaca, not far from Nj'sa, in Caria. 
 The two deities had here a temple and a grove, 
 and near the latter there was a subteiTaneous 
 cave of a miraculous nature, called the cave of 
 Chanm ; for persons suffering from iUiiess, and 
 placing confidence in the power of the gods, travel- 
 led to this place and stayed for some time with 
 experienced priests who lived in a place near the 
 cave. These priests then slept a night in the 
 cavern, and afterwards prescribed to their patients 
 the remedies revealed to them in their dreams. 
 Often, however, they took their patients with them 
 into the cave, where they had to stay for several 
 days in quiet and without taking any food, and 
 were sometimes allowed to fall into the prophetic 
 
ORACULUM. 
 
 ORACULUM. 
 
 673 
 
 ■ sleep, I)ut were prepared for it and received tlie 
 ( advice of the priests ; for to all other persons the 
 place was inaccessible and fatal. There was an 
 .innual panegyi'is in this place, probably of sick 
 p<'rsons who sought relief from their sufferings. 
 On the middle of the festive day the young men 
 of the gymnasium, naked and anointed, used to 
 drive a bull into the cave, which, as soon as it had 
 '-ntcred, fell down dead. (Stnibo, xiv. 1. p. 189; 
 rnmpare xii. 8. p. 75. Tauchn.) 
 
 At Kpidaurus Limera oracles were given at the 
 I'rstival of Ino ['INfTAJ. The same goddess had 
 an oracle at Octylon, in which she made revela- 
 'tions in dreams to persons who slept a night in her 
 sanctuary. (Paus. iii. 26. § 1.) Hera Aciaca had 
 'an oracle between Lechaeon and Pagae. (Strab. 
 viii. G. p. 213.) 
 
 IV. Oracles of Heroes. 
 
 1. Oracle of Amphkiraus, between Potniae and 
 I Thebes, where the hero was said to have been 
 i swallowed up by the earth. His sanctuary was 
 surrounded by a wall and adorned with columns, 
 'upon which birds never settled, and buds or 
 ; cattle never took any food in the neighbourhood. 
 I (Paus. Lx. 8. § 2.) The oracles were given to per- 
 sons in their dreams, for they had to sleep in the 
 itemple (Herod, viii. 134) after they had prepared 
 ' themselves for this iin-abatio by fasting one day, and 
 ,' by abstaining from wine for three days. ( Philostrat. 
 
 Vit. ApolL ii. 37.) The Thebans were not allowed 
 ■ to consult this oracle, having chosen to take the 
 •hero as their ally rather than as their prophet. 
 ■(Herod. /. c.) Another oracle of Ampliiaraus was 
 at Oropus, between Hoeotia and Attica, which was 
 .'most frequently consulted by the sick about the 
 • means of their recovery. Those who consulted it, 
 I had to undergo lustrations, and to sacrifice a ram, 
 •on the skin of which they slept a night in the 
 I temple, where in their dreams they expected the 
 I means of their recovery to be revealed to them. 
 (Pans. i. 34. § 2, &c.) If they recovered, they 
 had to throw some pieces of money into the well 
 of Amphiaraus in his sanctuary-. 'The oracle was 
 said to have been founded by the Thebans. (Strab. 
 ix. 1. p. 252. Tauchn.) 
 
 2. Oniclc of Amphilochus. He was the son of 
 Amphiaraus, and had an oracle at Mallos in Cilicia, 
 which Pausanias calls the most trustworthy of his 
 time. (Paus. i. 34. § 2 ; Dion Cass. kxii. 7.) 
 
 3. Orach of Troplioniuit at Lebadeia in Boeotia. 
 (Paus. ix. 37. § 3.) Those who wished to con- 
 sidt this oracle had first to purify themselves by 
 spending some days in the sanctuary of the good 
 spirit and good luck {oyaBov Aa'ifiovos Ka\ dyaB'^s 
 Twxis), to live sober and pure, to aljstain from 
 warm baths, but to bathe in the river Hercyna, to 
 offer sacrifices to Trophonius and his children, to 
 Apollo, Cronos, king Zeus, Hera Heniocha, and to 
 Uemeter Europe, who was said to have nursed 
 Trophonius ; and during these sacrifices a sooth- 
 sayer e-xplained fi^om the intestines of the victims 
 whether Trophonius would be pleased to admit the 
 consultor. In the night in which the consultor 
 was to be allowed to descend into the cave of Tro- 
 phonius, he had to sacrifice a ram to Agamedes, 
 and only in case the signs of this sacrifice were 
 favourable, the hero was thought to be pleased to 
 admit the person into his cave. What took place 
 after this was as follows : — Two boys, 13 years old, 
 led him again to the river Hercyiia, and bathed 
 
 and anointed him. The priests then made him 
 drink from the well of oblivion (At^Bt]) that he 
 might forget all his former thoughts, and from the 
 well of recollection {Mvrifioa-vyTi) that he might re- 
 member the visions which he was going to have. 
 They then showed him a mysterious represen- 
 tation of Trophonius, made him worship it, 
 and led him into the sanctuary, dressed in linen 
 garments with girdles around his body, and wear- 
 ing a peculiar kind of shoes (KpriTr'tSes) which 
 were customary at Lebadeia. Within the sanc- 
 tuary, which stood on an eminence, there was 
 a rave, into which the person was now allowed 
 to descend by means of a ladder. Close to the 
 bottom, in the side of the cave, thei'e was an open- 
 ing into which he put his feet, whereupon the other 
 parts of the body were likewise drawn into the 
 opening by some invisible power. What the persons 
 here saw was different at different times. They 
 returned through the same opening at which they 
 had entered, and the priests now placed them on the 
 throne of Mnemosyne, asked them what they had 
 seen, and led them back to the sanctuary of the good 
 spirit and good luck. As soon as they had recover- 
 ed from their fear, they were obliged to write down 
 their ■vision on a little tablet which was dedicated 
 in the temple. This is the account given by Pau- 
 sanias, who had himself descended into the cave, 
 and writes as an eye-witness. (Paus. ix. 39. § 3, 
 &c. ; compare Philostr. I'it. ApolJ. viii. 19.) The 
 answers were probably given by the priests accord- 
 ing to the report of what persons had seen in the 
 cave. This oracle was held in very great esteem 
 and did not become extinct until a very late period, 
 and though the army of Sulla had plundered the 
 temple, the oracle was much consulted by the Ro- 
 mans {Griff, c. Ceh. vii. p. 355), and in the time of 
 Plutarch it was the only one among the numerous 
 Boeotian oracles, that had not become silent. (Plut. 
 de Orac. Di f. c. 5.) 
 
 4. Oracle of Calchas, in Daunia in southern 
 Ital}'. Here answers were given in dreams, for 
 those who consulted the oracle had to sacrifice a 
 black ram, and slept a night in the temple, lying 
 on the skin of the victim. (Strabo, vi. 3. p. 53.) 
 
 5. Oracles of Ascli'pius (Aesculapius). The 
 oracles of Asclepius were very numerous. But the 
 most important and most celebrated was that of 
 Epidaurus. His temple here was covered with votive 
 tablets, on which persons had recorded their re- 
 covery by spending a night in the temple. In the 
 temples of Aesculapius and Serapis at Rome, 
 recovery was likewise sought by incubatio in 
 his temple. (Suet. Claiul. 25.) F. A. Wolf 
 has written an essay, Beitraff zur Gench. ties 
 SomiiambulisDius aus dem Alterthum ( Vcnnvichte 
 Selirftcu, p. 382, &c.), in which he endeavours 
 to show that what is now called Mesmerism, 
 or animal magnetism, was known to the priests of 
 those temples where sick persons spent one or more 
 nights for the purpose of recovering their health. 
 Other oracles of the same kind are mentioned in 
 that essay, together with some of the votive tablets 
 still extant. 
 
 6. Oracle of Heracles at Bura in Achaia. Those 
 who consulted it, prayed and put their questions to 
 the god, and then cast four dice painted with 
 figures, and the answer was given according to the 
 position of these figures. (Paus. vii. 25. § G.) 
 
 7. Oracle of Pasipliac, at Tlialamiae in Laconia, 
 where answers were given in dreams while persons 
 
 2 .X 
 
674 
 
 ORACULUM. 
 
 ORATIONES PRINCIPUM. 
 
 spent the night in the temple. (Phit. Clcom. 7, I 
 Agis, 9 ; Cic. De Div. i. 43.) 
 
 8. Oracle of Phrivus, in Iberia near Mount 
 Caucasus, where no rams were allowed to be sacri- 
 ficed. (Strab. xi. 3. p. 410 ; Tacit. Annal. yi. 34.) 
 V. Oracles of thk Dead. 
 
 Another class of oracles are the oracles of tlw 
 dead [veKvo/xai'Teiov or ^pvxoiToiiiretov) in which 
 those who consulted, called up the spirits of the 
 dead and offered sacrifices to the gods of the lower 
 world. One of the most ancient and most cele- 
 brated places of this kind was in the country of 
 the Thesprotians near lake Aomos. (Diodor. iv. 
 22 ; Herod, v. 92. § 7 ; Paus. Lx. 30. § 3.) An- 
 other oracle of this kind was at Heraclea on the 
 Propontis. (Plut. C'im. 6.) 
 
 Respecting the Greek oracles in general see 
 Wachsmuth, Hellen. Alterth. ii. 2. p. 260, &c. ; 
 Klausen, in Ersch und Gruber''s Encyclop. s. v. 
 Orakd. 
 
 VI. Italian Oracles. 
 Oracles in which a god revealed his will through 
 the mouth of an inspired individual did not exist 
 in Italy. The oracles of Calchas and Aesculapius 
 mentioned above were of Greek origin, and the 
 former was in a Greek heroum on mount Garganus. 
 The Romans, in the ordinary course of things, did 
 not feel the want of such oracles as those of Greece, 
 for they had numerous other means to discover 
 the will of the gods, such as the Sibylline books, 
 augiirj', haruspices, signs in the heavens, and the 
 like, which are partly described in separate articles 
 and partly in Divinatio. (Strabo, xvii. 1. p. 459, 
 &c.) The only Italian oracles known to us are 
 the following : — 
 
 1. Oracle of Faunus. His oracles are said to 
 have been given in the Satuniian verse, and collec- 
 tions of his vaticinia seem to have existed at an 
 early period. (Aurel. Vict. Dc oriji.i/ent. Rom. c. 4.) 
 The places where his oracles were given, were two 
 groves, the one in the neighbourhood of Tibur, 
 round the well of Albunea, and the other on the 
 Aventine. (Virg. Aen. vii. 81, &c. ; Ovid, Fas/, iv. 
 650, &c.) Those who consulted the god in the 
 grove of Albunea, which is said to have been re- 
 sorted to by all the Italians, had to observe the 
 following points : — The priest first offered a sheep 
 and other sacrifices to the god. The skin of the 
 victim was spread on the ground, and the consul- 
 tor was obliged to sleep upon it during the night, 
 after his head had been thrice sprinkled with pure 
 water from the well, and touched with the branch 
 of a sacred beech-tree. He was, moreover, obliged 
 several days before this night to abstain from ani- 
 mal food and from matrimonial connections, to be 
 clothed in simple garments, and not to wear a ring 
 on his fingers. After he fell asleep on the sheep- 
 skin he was believed to receive his answer in 
 wonderful visions and in converse with the god 
 himself. (Virg. I.e.; Isidor. viii. 11. 87.) Ovid 
 (/. c.) transfers some of the points to be observed 
 in order to obtain the oracle on the Albunea, to 
 the oracle on the Aventine. Both may have had 
 much in common, but from the story which he re- 
 lates of Numa it seems to be clear that on the 
 Aventine certain different ceremonies also were 
 observed. 
 
 2. Oracles of Foriuna existed in several Italian 
 towns, especially in Latium, as at Antium and 
 Praeneste. In the fomer of these towns two 
 sisters Fortimae were worshipped, and their 
 
 statues used to bend forward when oracles were 
 given. (Macrob. i. 23 ; compare Horat. Carm. 
 i. 35. 1 ; Suet. Caluj. 57 with Eniesti's note ; 
 Domii. 15.) At Praeneste the oracles were de- 
 rived fi'om lots (sork's), consisting of sticks of oak 
 with ancient characters graven upon them. These 
 lots were said to have been found by a noble Prae- 
 nestine of the name of Numerius Suffucius, inside 
 of a rock which he had cleft open at the command 
 of a dream by which he had been haunted. The 
 lots, when an oracle was to be given, were shaken 
 up together by a boy, after which one was drawn 
 for the person who consulted the goddess. (Cic. de 
 Divin. ii. 41.) The lots of Praeneste were, at 
 least with the vulgar, in great esteem as late as 
 the time of Cicero, while in other places of Latium 
 they were mostly neglected. The Etruscan Caere 
 in early times had likewise its sortes. (Li v. xxi. 
 62.) 
 
 3. An Oracle of Mars was in very ancient times, 
 according to Dionysius (i.p. 12), atTiora Matiena, 
 not far from Teate. The manner in which oracles 
 were here given resembled that of the pigeon- 
 oracle at Dodona, for a woodpecker (jiiciis), a bird 
 sacred to Mars, was sent by the god and settled 
 upon a wooden column, whence he pronounced the 
 oracle. 
 
 On Roman oracles in general see Niebuhr, Hist, 
 of Borne i. p. 508, &c. [L. S.] 
 
 ORA'RIUM was a small handkerchief used for 
 \\nping the face, and appears to have been employed 
 for much the same purposes as our pocket-handker- 
 chief. It was made of silk or linen. In the Eti/m.Mag. 
 (p. 804. 27. ed. Sylb.) it is explained by irpoa-wirov 
 iKfM-yeTov. Aurelian introduced the practice of 
 giving Oraria to the Roman people to use ad fa- 
 vorcm, which appears to mean for the purpose of 
 waving in the ])ublic games in token of applause, 
 as we use our hats and handkerchiefs for the same 
 purpose. (Vopisc. Aurel. 48 ; Casaubon ad loc; 
 Augustin. de Civ. Dei, xxii. 8 ; Prudent. Uepi 
 2t€(J). i. 86 ; Hieron. ad Nepoiian. Ej). 2.) 
 
 ORATIO'NES PRI'NCIPUM. Tlie Ora- 
 tiones Principum are frequently mentioned by the 
 Roman writers under the Empire ; but those which 
 are discussed under this head have reference to 
 legislation only, and were addressed to the Senate. 
 Under the Christian Emperors particularly, these 
 Orationes were only a mode of promulgating Law 
 as constituted by the Emperor; and we have an 
 instance of this even in the reign of Probus 
 (" Leges, quas Probus ederet, Senat\isconsultis 
 propriis consecrarent," Prob. Imp. ap. Flar. Vo^nsc. 
 13.) Under the earlier Emperors, the Orationes 
 were in the form of propositions for laws addressed 
 to the Senate, who had still in appearance, though 
 not in reality, the legislative, that is the sovereign 
 power. This second kind of Orationes are often 
 cited by the Classical Jurists, as m the foUowiug 
 instance from Gains (ii. 285) — "ex oratione Divi 
 Hadriani Senatusconsultum factum est." 
 
 Many of the Orationes of the Roman emperors, 
 such as are quoted by the Augustae Historiae 
 Scriptores, are merely communications to the 
 Senate, such for instance as the announcement of a 
 victory. (Maxim. Duo. ap. ■/. Capitol. 12, 13.) 
 Tliese Orationes are sometimes called Litterae or 
 Epistolae by the non-juristical writers; but the 
 juristical writers appciur to have generally avoided 
 the use of Epistola in this sense, in order not to 
 confound the Imperial Orationes with the Rescripta 
 
ORATOR. 
 
 ORATOR. 
 
 which were often called Epistolae. It appears that 
 the Roman jurists used the tenns Libellus and 
 Oratio Principis as equivalent, for the passajjes 
 which have been referred to in support of the 
 opinion that these two words had a dilferent sense 
 (Dig. 5. tit. 3. s. 20. GS), show that Libellus and 
 Oratio Principis are the same, for the Oratio is 
 here spoken of by both names. These Orationes 
 were sometimes pronounced by the Emperor him- 
 self, but apparently they were connnonly in the 
 form of a written message, which was read by the 
 Quaestors (Dig. i. tit. 13): in the passage last 
 referred to, these Imperial messages are called in- 
 ditferently Libri and Epistolae. Accordingly we 
 read of Litterae and Orationes being sent by the 
 Emperor to the Senate. (Tacit. An>iAu.o2 ; xvi. 7.) 
 The mode of proceeding upon the receipt of one of 
 these Orationes may be collected from the preamble 
 of the Senatusconsultum contained in the Digest 
 (■). tit. 3). These Orationes were the foundation 
 111 the Senatusconsulta which were framed upon 
 them, and when the Orationes were dra^vn up 
 with much regard to detail, they contained in fact 
 the provisions of the subsequent Senatusconsultum. 
 This appears from the fact that the Oratio and the 
 Senatusconsultimi are often cited indifferently by 
 the classical jurists, as appears from numerous 
 passages. (Dig. 2. tit. 15. s. 8 ; 5. tit. 3. s. 20. 22. 
 40; 11. tit. 4. s. 3, &c.) The Oratio is cited as 
 containing the reasons or grounds of the law, and 
 the Senatusconsultum for the particular provisions 
 and words of the law. To the time of Sep. Seve- 
 nis and his son Caracalla, numerous Senatuscon- 
 sidta, founded on Orationes, are mentioned ; and 
 numerous Orationes of these two Emperors are 
 cited. But after this time they seem to have fallen 
 into disuse, and the fonii of making and promul- 
 gating Law by Imperial constitutiones was the 
 nidinary mode of legislation. 
 
 There has been much discussion on the amount 
 of the influence exercised b}' the Orationes Princi- 
 pum on the legislation of the Senate. But it seems 
 to be tolerably clear from the evidence that we 
 h.nc, and from the nature of the case, that the 
 (Jiatio might either recommend generally some 
 li Liislative measure and leave the details to the 
 Sriiate ; or it might contain all the details of the 
 proposed measure, and so be in substance, though 
 not in form, a Senatusconsultum ; and it would 
 become a Senatusconsultum on being adopted by 
 the Senate, which, in the case supposed, would be 
 merely a matter of fonn. In the case of an Oratio, 
 expressed in more general terms, there is no reason 
 to suppose that the recommendation of the Emperor 
 was less of a command ; it was merely a command 
 in more general terms. 
 
 (Zunmem, Gcschivhte des Rom. Privatrcchts, i. p. 
 79 ; and Dirksen, Ueber die Rcden dcr R\',m. Kaiser 
 und deren Einflms auf die GeseUtjchumj, Rhdii. 
 Mus. fur Jurisprudent, ii.) [G. L.] 
 
 ORA'TOR. Cicero remarks {Or. Part. c. 28) 
 that a " certain kind of causes belong to Jus Civile, 
 and that Jus Civile is conversant about Laws 
 (Ze,r) and Custom [mos) appertaining to things 
 public and private, the knowledge of which, though 
 neglected by most orators, seems to me to be neces- 
 sary for the purposes of oratory." In his treatise 
 on the Orator, and particularly in the first book, 
 Cicero has given his opinion of the duties of an 
 orator and his requisite qualifications, in the form 
 of a dialogue, in which Lucius Licinius Crassus and 
 
 M. Antonius are the chief speakers. Crassus was 
 himself a model of the highest excellence in ora- 
 tory : and the opinions attiibuted to him as to the 
 qualifications of an orator were those of Cicero him- 
 self, who in the introductory part of the first book 
 (c. 6) declares that " in his opinion no man can 
 deserve the title of a perfect orator, unless he has 
 acquired a knowledge of all important things and 
 of all arts : for it is out of knowledge that oratory 
 must blossom and expand, and if it is not founded 
 on matter which the orator has fully mastered and 
 understood, it is idle talk, and may almost be 
 called puerile." According to Crassus the province 
 of the Orator embraces ever)'thing: he must be 
 enabled to speak well on all subjects. Conse- 
 quently he must have a knowledge of the Jus 
 Civile (i. 44, &c.), the necessity for which Crassus 
 illustrates by instances; and he should not only 
 know the Jus Civile as being necessary when he 
 has to speak in causes relating to private matters 
 and to privata Judicia ; but he should also have a 
 knowledge of the Jus Publicum which is conver- 
 sant about a State as such, and he should be fami- 
 liar with the events of history and instances de- 
 rived from the experience of the past. Antonius 
 (i. 49) limits the qualifications of the orator to the 
 command of language pleasant to the car and of 
 arguments adapted to convince in causes in the 
 forum and on ordinary occasions. He further re- 
 quires the orator to have competent voice and 
 action and sufficient grace and ease. Antonius 
 (i. 58) contends that an orator does not require a 
 knowledge of the Jus Civile, and he instances the 
 case of himself, for Crassus allowed that Antonius 
 could satisfactorily conduct a cause, though Anto- 
 nius, according to his own admission, had never 
 learned the Jus Civile, and had never felt the want 
 of it in such causes as he had defended (in jure). 
 
 The profession then of the orator, who with re- 
 ference to his undertaking a client's ciise is also 
 called patronus {De Or. i. 56 ; Bnd. 38) was 
 quite distinct from that of the Jurisconsultus 
 [JuRisroNSULTl], and also from that of the 
 Advocatus, at least in the time of Cicero (ii. 74), 
 and even later {De Orat. Dial. 34). An orator 
 who possessed a competent knowledge of the Jus 
 Civile, would however have an advantage in it, as 
 Antonius admits (i. 59); but as there were many 
 essentials to an orator, which were of difficult at- 
 taimnent, he sa^-s that it would be unwise to dis- 
 tract him with other things. Some refjuisites of 
 oratory, such as voice and gesture, could only be 
 acquired hy discipline ; whereas a competent know- 
 ledge of the law of a case {juris uiilitas) coidd be 
 got at any time from the jm-isconsulti (periti) or 
 from books. Antonius thinks that the Roman 
 orators in this matter acted more wisely than the 
 Greek orators, who being ignorant of law had the 
 assistance of practitioners called Pragmatici : the 
 Roman orators entrusted the maintenance of th(? 
 law to the high character of their professed Jurists. 
 
 So far as the profession of an advocate consists 
 in the skilful conduct of a cause, and in the sup- 
 porting of his own side of the question by proper 
 argument, it must be admitted with Antonius that 
 a very moderate knowledge of law is sufficient ; and 
 indeed even a purely legal argument requires not so 
 much the accumulation of a vast store of legal know- 
 ledge as the power of handling the matter when it 
 has been collected. The method in which this con- 
 summate master of his art managed a cause is stated 
 
 2 .X 2 
 
676 
 
 ORATOR. 
 
 ORNATRIX. 
 
 by himself (rfc Oa ii. 72) ; and Cicero in another 
 passage {Brutus, 37) has recorded his merits as an 
 orator. Serviiis Sulpiciiis, who was the greatest 
 lawyer of his age, had a good practical knowledge 
 of the law, but others had this also, and it was 
 something else which distinguished Sulpicius from 
 all his contemporaries — " Many others as well as 
 Sulpicius had a great knowledge of the law ; he 
 alone possessed it as an art. But the knowledge 
 of law by itself would never have helped him to 
 this, without the possession of that art which 
 teaches us to divide the whole of a thing into its 
 parts, by exact definition to develope what is im- 
 perfectly seen, by explanation to clear up what is 
 obscure ; first of all to see ambiguities, then to dis- 
 entangle them, lastl,y to have a nde by which 
 truth and falsehood are distinguislied,and by which 
 it shall appear what consequences follow from pre- 
 mises and what do not." (Bnd. 41.) With such 
 a ])ower Sulpicius combined a knowledge of letters 
 and a pleasing style of speaking. As a forensic 
 orator then he must have been one of the first that 
 ever lived ; but still among the Romans his re- 
 putation was that of a jurist, while Antonius, who 
 had no knowledge of the law, is put on a level as 
 an orator (palronun) with L. Crassus, who of all the 
 eloquent men of Rome had the best acquaintance 
 with the law. 
 
 Oratory was a serious study among the Romans. 
 The master of the art, Cicero, tell us by what 
 painful labour he attained to excellence. {Brut. 01, 
 &c.) Roman oratory reached its perfection in the 
 century which preceded the Christian aera. Its 
 decline dates from the establishment of the Impe- 
 rial power under Augustus and his successors ; for 
 though there were many good speakers, and more 
 skilful rhetoricians under the empire, the oratory 
 of the republic was rendered by circumstances un- 
 suitable for the senate, for the popular assemblies, 
 or for cases of crimes and high misdemeanours. 
 
 In the Dialogue De Oratoribus, which is attri- 
 Inited to Tacitus, Messala, one of tlie speakers 
 (c. 2f!, &c.), attempts to assign the reasons for the 
 low state of oratory in the time of Vespasian, when 
 the Dialogue was written, compared with its con- 
 dition in the age of Cicero and of Cicero's prede- 
 cessors. He attributes its decline to the neglect of 
 the discipline under which children were fonnerly 
 brought up, and to the practice of resorting to 
 rhetoricians {rJietorcs) who professed to teach the 
 oratorical art. This gives occasion to speak more 
 at length of the early discipline of the old orators 
 and of Cicero's course of study as described in the 
 ISrutus. The old orators (c. 34) learned their art 
 by constant attendance on some eminent orator 
 and by actual experience of business: the orators 
 of Messala's time were fomied in the schools of 
 Rhetoric and their powers were developed in exer- 
 cises on fictitious matters. These however, it is 
 obvious, were only secondary causes. The imme- 
 diate causes of the decline of eloquence appear to 
 be indicated by Maternus, another speaker in the 
 Dialogue, who attributes the former tlourisliing 
 condition of eloquence to the political power which 
 oratory conferred on the orator under the Republic, 
 and to the party stinggles and even the violence 
 that are incident to such a state of society. Tlie 
 allusion to the effect produced by tlie establish- 
 ment of the Imperial power is clear enough in the 
 following words, which refer both to the Imperial 
 and the Republican periods : " cum mixtis omnibus 
 
 ct moderatore uno carentibus, tantum quisque 
 orator saperet, quantum erranti populo persuaded 
 poterat." [G. L.] 
 
 ORBUS. [JuLiAE Leges, p. 536.] 
 
 ORCA. [SiTELLA.] 
 
 'OPXH2I2. [Saltatio.] 
 ORCHESTRA. [Theatrum.] 
 ORCHIA LEX. [SuMTUARiAE Leges.] 
 ORCINUS LIBERTUS. [Manumi.ssio, p. 
 595.] 
 
 ORCINUS SENATOR. [Senatus.] 
 ORDINA'RIUS JUDEX. [Judex Pedat 
 
 NEUS.] 
 
 ORDO is applied to anj' body of men, who form 
 a distinct class in the commimity, either by posses- 
 sing distinct privileges, pursuing certain trades or 
 professions, or in any other way. Thus Cicero (c. 
 Veri: ii. ii. 6) speaks of the " Ordo aratonmi, sive 
 pecuariorum, sive mercatorum." In the same way 
 the whole body of sacerdotes at Rome is spoken of 
 as an ordo (Festus, s. v. Ordo Saccrdotiim), and 
 separate ecclesiastical corporations are called by the 
 same title. {Ordo collcyii nostri, Orelli, I?/scr. n. 
 2417 ; Ordo Snnralium, Id. n. 2229.) The liber- 
 tini and scribae also formed separate ordines. (Suet. 
 de Grammat. lii; Cic. c. Virr. II. i. 47; iii. 79.) 
 The Senate and the Equites are also spoken of re- 
 spectively as the Ordo Senatorius and Ordo Eques- 
 tris [Senatus ; Equites, p. 396] ; but this name 
 is never applied to the Plebes. Accordingly we 
 find the expression "■ Uterque Ordo " used without 
 any further explanation to designate the Senatorial 
 and Equestrian ordines. (Suet. Auij. 15 ; Veil. Pat. 
 ii. 100.) The Senatorial Ordo, as the highest, is 
 sometimes distinguished as " amplissimus Ordo." 
 (Plin. Ep. X. 3 ; Suet. 0//m), 8 ; Vcsp. 2.) 
 
 The senate in colonies and municipia was called 
 Ordo Decurionum (Dig. 50. tit. 2. s. 2. § 7 ; Orelli, 
 Inscr. n. 1167 ; C'olonia, p. 259), and sometimes 
 simply Ordo (Tacit. Ilkt. ii. 52 ; Dig. 50. tit. 2. 
 s. 2. § 3; Orelli, n. 3734), Ordo amplissimus (Cic. 
 pro C(u:l. 2), or Ordo splendidissimus (Orelli, n. 
 1180, 1181). 
 
 The tenn Ordo is also applied to a' company 
 or troop of soldiers, and is used as equiva- 
 lent to Centuria : thus centurions are sometimes 
 called " qui ordines duxerunt " (Cic. Phil. i. 8 ; 
 Caes. Bdl. Civ. i. 13), and the first centuries in a 
 legion " primi ordines." (Caes. Bdl. Gall. v. 28. 
 44.) Even the centurions of the first centuries are 
 occasionally called " Primi Ordines." (Caes. Bfll. 
 Gull. V. 30 ; vi. 7 ; Liv. xxx. 4 ; Gronov ad loc). 
 
 O'RGANUM. [HvDRAULA.] 
 
 O'RGIA. [Mvsteria.] 
 
 ORNAMENTA TRIUMPIIA'LIA. [Tri- 
 
 UMPHUS.] 
 
 ORNA'TRIX {KofffMTpta), a female slave, 
 who dressed and adorned ladies' hair. (Ovid, de 
 Art. Amat. iii. 239 ; Suet. Claud. 40.) So much 
 attention was paid by tlie Roman ladies to the 
 dressing of their hair, tliat they kept slaves speci- 
 ally for this purpose, and also had them iiistnicted 
 by a master in the art. (Dig. 32. tit. 1. s. 65.) 
 These slaves were frequently the confidants of 
 their mistresses, and were sometimes highly prized, 
 whence we find them mentioned in inscriptions. 
 (Orelli, /««■/•. 11. 2878. 2933. 4715. 4443.) Some 
 attiiiiu'd great skill in their art, as Cypassis, whom 
 Ovid {Amor. ii. 8) addresses, 
 
 " Ponendis in iiiille modos peifecta capillis, 
 Coinere sed solas digna Cypassi dcas ;" 
 
OSCILLUM. 
 
 ^ and Nape, whom Ovid (Amor. i. 9) also describes 
 li as skilled 
 
 " Colligere incertos et in ordine ponere crines." 
 
 (Compare Juv. vi. 48G ; Tertull. tic cult. Fern. G.) 
 
 ;| 'fiSXO'tO'PIA, or '02X04>0'PIA, an Attic 
 
 ! festival, which according to some writers was cele- 
 brated in honour of Athena and Dionysus (Phot. 
 
 ■ p. 32"2. Bekk.), and according to others in honour 
 of Dionysus and Ariadne. (Pint. T/ies. 23.) The 
 time of its celebration is not mentioned by any 
 ancient writer, but Corsini {Fast. Alt. ii. p. 354) 
 
 ^ supposes with great probability that it was held at 
 the commencement of the Attic month Pyanepsion. 
 It is said to have been instituted by Theseus. Its 
 name is derived from wirxoj, otrxo^, or tlcxv, a 
 branch of vines with grapes, for it was a vintage 
 festival, and on the day of its celebration two 
 youths, called d(rxo(p6(/oi, whose parents were alive 
 and who were elected from among the noblest and 
 wealthiest citizens (Schol. ad Nuwid. Alcrijik. 
 109), carried, in the disguise of women, branches 
 of vines with fresh grapes from the temple of 
 Dionysus in Athens, to the ancient temple of 
 Athena Skiras in Phalerus. These youths were 
 followed by a procession of persons who likewise 
 carried vine-branches, and a chorus sang hymns 
 called (iaxa'popiKoL fi^Kr), which were accompanied 
 by dances. (Athen. xiv. p. 631.) In the sacrifice 
 which was offered on this occasion, women also 
 took part ; tiu>y were called Senrvo<p6poi, for they 
 represented the mothers of the youtlis, carried the 
 provisions (o\pa koI criTi'a) for them, and related 
 stories to them. During the sacrifice the staff of 
 the herald was adorned with garlands, and when 
 the libation was performed the spectators cried 
 out iKe\e5, lod, lov. (Plut. Thcs. 22.) The ephebi 
 taken from all the tribes had on this day a contest 
 in racing from the city to the temple of Athena 
 8kiras, during which they also carried the o<txV, 
 and the victor received a cup filled with five dif- 
 ferent th'mgs, {ir€VTa.TrAoos,Tr(VTairA6a oTTrevraTrKij'), 
 viz. wine, honey, cheese, flour, and a little oil. 
 (Athen. xi. p. 495.) According to other accounts 
 the victor only drank from this cup. The story 
 which was sjanbolically represented in the rites 
 and ceremonies of this festival, and which was said 
 to have given rise to it, is related by Plutarch 
 {Thes. 22, 23) and by Proclus (p. 388. ed. Ciais- 
 ford). (Compare Bekker's Aiicalut. p. 318 ; Ety- 
 niol. Magn. and Hesych. s. v. ^ntrxoi ; Suidas, s. v. 
 naxo(p6pia and diTxo<p6pos.) [L. S.] 
 
 OSCILLUM, a diminutive through oscuimn 
 from OS, meaning " a little face," was the term 
 applied to faces or heads of Bacchus, which were 
 suspended in the vineyards to be turned in every 
 direction by the wind. Whichsoever way they 
 looked, they were supposed to make the vines in 
 that quarter fruitful. (Virg. Gcor,j. ii. 388—392.) 
 The left-hand figure in the annexed woodcut is 
 taken from an oscillum of white marble in the 
 British Museum. The back of the head is want- 
 ing, and it is concave within. The mouth and 
 pupils of the eyes are perforated. It represents 
 the countenance of Bacchus with a beautifid, mild, 
 and propitious expression {moUe, lujnestam, Virg. 
 1. c). A fillet, spirally twisted about a kind of 
 wreath, surrounds the head, and descends by the 
 ears towards the neck. The metallic ring, by 
 which the marble was suspended, still remains. 
 The other figure is from an ancient gem (Matfei, 
 
 OVATIO. 6/7 
 
 Gem. Atil. iii. (!4), representing a tree with four 
 oscilla hung upon its branches. A Syrinx and a 
 Pedum are placed at the root of the tree. 
 
 From this noun came the verb osciUo, meaning 
 " to swing." Swinging {oscillatiu) was among the 
 bodily exercises practised by the Romans. (Festus, 
 s. V. ; Hygin. Fab. 130.) [J. Y.] 
 
 OSTIA'RIUM was a tax upon the doors of 
 houses, which appears to have been sometimes levied 
 in the provinces. (Caes. Bell. Civ. iii. 32.) Cicero 
 (ful Fam. iii. 8) calls it acerhissima eocactio. There 
 was a similar tax, called columnarium, imposed upon 
 every pillar that supported a house. (Caes. /. c. ; 
 Cic. ad Alt. xiii. 6 ; Bunnann, dc Vect. c. 12. p. 
 20.5.) 
 
 O'STIUM. [Janua.] 
 
 OSTRACISMUS. [Banishment (Greek), 
 p. 125.] 
 
 "OSTPAKON. [Fictile.] 
 
 OVA'TK ), a lesser triumph ; the terms emplo}'- 
 ed by the Greek writers on Roman history are 
 euo, cuaffTijs, irefos dpiafiSos. The circumstances 
 by which it was distinguished from the more im- 
 posing solemnity [Triumphu.s] were the follow- 
 ing : — The general did not enter the city in a 
 chariot drawn by four horses, but on foot ; he was 
 not arraj'ed in the gorgeous gold embroidered robe, 
 but in the simple tog-a praetext;i of a magistrate ; 
 his brows were encircled \vith a wreath not of 
 laurel but of myrtle ; he bore no sceptre in his 
 hand ; the procession was not heralded by trum- 
 pets, headed bj' the senate and thronged with vic- 
 torious troops, but was enlivened by a crowd of 
 fiute-players, attended chiefly by knights and ple- 
 beians, fi'cquently without soldiers ; the ceremonies 
 were concluded by the sacrifice not of a bull but 
 of a sheep. (Plut. Marcell. c. 22 ; Dionys. v. 
 47 ; Gell. v. C ; Liv. iii. 10 ; xxvi. 21.) The word 
 ovatio seems clearly to be derived from the kind of 
 victim offered, and we need pay little respect to 
 the opinion of Festus (.y. v. Ovanlcs), who supposes 
 it to have been formed from the glad shout 0 ! O ! 
 frequently reiterated, nor to that of Dionj'sius, 
 whose system required him to trace every custom 
 to a Grecian origin, and who therefore maintains 
 that it is corrupted from the Bacchanalian euoi. 
 Dionysius makes another mistake in assigning a 
 laurel chaplet to the conqueror on these occasions, 
 since all the Roman writers agree with Plutarch 
 in representing that the mjTtle crown, hence called 
 Omtlis Corona, was a characteristic of the ovation. 
 (Festus, s. i\ Ovalis Corona; Plin. H. N. xv. 29 ; 
 Plut. ; Gell. //. cc.) Compare Corona, p. 289. 
 
 In later times the victor entered upon horse- 
 back (Serv. in Viry. Acn. iv. 543), and the ova- 
 tions celebrated by Octavianus, Drusus, Tiberius, 
 kc, are usually recorded by Dion Cassius by a 
 
G78 
 
 PAEAN. 
 
 PAEDAGOGUS. 
 
 reference to this circumstance. (Dion, xlviii. .31 ; 
 xlix. 15; liv. 8. 33 ; Iv. 2.) 
 
 An ovation was granted when tlie advantage 
 gained, although considerable, was not sutlicient to 
 constitute a legitimate claim to the higher distinc- 
 tion of a triumph, or when tlic victory had been 
 achieved with little bloodshed, as in the case of 
 Posturaius Tubertus, who first received this honour 
 (Plin. H. N. XV. 29); or when hostilities had not 
 been regularly proclaimed (Festus; Gell. tt. cc.) ; 
 or when tlie war had not been completely termi- 
 nated, which was one of the ostensible reasons for 
 refusing a triumph to Marcellus on liis return from 
 Sicily (Plut. I.e.; Liv. xxvi. 21); or when the 
 contest had been carried on against base and un- 
 worthy foes, and hence when the servile bands of 
 Athenion and Spartacus were destroyed by Pei-perna 
 and Crassus, these leaders celebrated ovations only 
 (Florus, iii. 19; Plin. Gell. I. c.) although the 
 latter by a special resolution of the senate was per- 
 mitted to wear a laurel crown. [W. K.] 
 UVI'LE. [CoMiTiA, p. 274.] 
 OVI'NIA LEX. [Lex, p. .5(i3.] 
 'OTAAMOI'. [Army ((Jreek), p. H9.] 
 'OTSI'AS AI'KH. ['EHOTfAHS AI'KH.] 
 OXY'BAPHUM. [Acetabulum.] 
 
 P. T. 
 
 PACTIO, PACTUM. [Obligationes, p. 
 eSK, G,57.] 
 
 PAEAN (TraiTjajc, iraidv, vaioSv), a hymn or 
 song, which was originally sung m honour of 
 Apollo, and seems to be as old as the worship of 
 this deity. The etymology of the word is doubt- 
 fiU. Some suppose that it obtained its name from 
 Paeon, the god of healing ; but in the Homeric 
 poems Paeon is always spoken of as a separate 
 divinity, distinct from Apollo. Other writers, 
 with still less probability, connect it with Trai'w, to 
 strike. 
 
 The paean was always of a joyous nature, and 
 its tune and sounds expressed hope and confidence. 
 The sound of iri appears to have been invariably con- 
 nected with it. (Athen. xv. p. 696. e. f. 701. b.c.) 
 It was sung by several persons, one of whom pro- 
 bably led the others, and the singers either march- 
 ed onwards or sat together at table. Thus Achilles 
 after the death of Hector calls upon his compan- 
 ions to return to the ships, singing a paean on 
 account of the glory they had gained (//. xxii. 
 391); and the Achaeans, after restoring Chryseis 
 to her father, are represented as singing a paean to 
 Apollo at the end of the sacrificial feast in order to 
 appease his wiath. {II. i. 473.) From these pas- 
 sages it is clear that the paean was a song of 
 thanksgiving, when danger was passed, and also a 
 hymn to propitiate the god. It was sung at the 
 solemn festivals of Apollo, and especially at the 
 Hyacinthia (eh rd 'ToiciVflict cttI tuv vaidva, Xen. 
 IIi'll. iv. 5. g 11 ; A(/es. ii. 17), and was also sung 
 from very early times in the Pythian temjiles. 
 (Hom. Hymn, ad ApoU. 514 ; Eurip. lun, 125, 
 &c.) 
 
 The paean was also sung as a battle-song, botli 
 before au attack on the enemy and after the battle 
 was finished. (Thucyd. i. 50 ; iv. 43 ; ii. 91 ; vii. 
 44 ; Xon. Aiiub. i. V>. § 17, &c.) This practice 
 seems to have chiefly prevailed among the Dorians, 
 l)ut was also common among the other Greek states. 
 
 The origin of it is said to have arisen from the fact, 
 tliat Apollo sung it after his victory over the Pythian 
 dragon. The paean sung previous to an engage- 
 ment was called by the Spartans iramv (ixSar-qpios. 
 (Plut. Li/c. 22.) The Scholiast on Thucydides (i. 
 50) says, that the paean which was sung before 
 the battle was sacred to Ares, and the one sung 
 after to Apollo ; but there are strong reasons for 
 believing that the paean as a battle-song was in 
 later times not particularly connected with the 
 worship of Apollo. (Bode, Gcsch. der lyrisch. 
 DiHithiinst dcr IMIcncn, vol. i. p. 9, 10, &c.) It 
 is certain that the paean was in later times sung 
 to the honour of other gods besides Apollo. Thus 
 Xenoplion relates that the Lacedaemonians on one 
 occasion sung a paean to Poseidon, to propitiate 
 him after an earthquake (IIcU. iv. 7. S 4), and also 
 that the Greek army in Asia sung a paean to Zeus. 
 {Aimb. iii. 2. § 9.) 
 
 In still later times paeans were sung in honour 
 of mortals. Thus Aratus sung paeans to the 
 honour of the Macedonian Antigonus (Plut. C'leoin. 
 I'l) ; a paean composed by Alexinus was sung at 
 Delphi in honoiu'of the Macedonian Craterus; and 
 the Uhodians celebrated Ptolemaeus I., king of 
 Egypt, in the same manner. (Athen. xv. p. 696. 
 e. f.) The Chalcidians in Plutarch's time still 
 continued to celebrate in a paean the praises of 
 their benefactor, Titus Flaminius. (Plut. Ftain. 16.) 
 
 The practice of singing the paean at banquets, 
 and especially at the end of the feast, when liba- 
 tions were poured out to the gods, was very an- 
 cient. It is mentioned by Alcman, who lived iu 
 the seventh century b. c. (Strab. x. p. 4f!2.) The 
 paean continued to be sung on such occasions till a 
 late period. (Xen. Hi/mp. ii. I ; Plut. Hi/mp. vii. 8. 
 §4.) 
 
 (Miiller, Hist, of Greek Literature, p. 19, 20 ; 
 Dorians, ii. 6. § 4 ; Bode, Gcsch. der lyrisch., tj-c. 
 vol. i. p. 7 — 77.) 
 
 PAEDAGO'GIA. [Paedagoous.] 
 
 PAEDAGO'GUS (7raiSo7ai7'o's), a tutor. The 
 office of tutor in a Grecian family of rank and 
 opulence (Plato, de Uepuh. i. p. HI. ed. Bekker ; de 
 Lc(j. vii. p. 41, 42) was assigned to one of the most 
 trustworthy of the slaves. The sons of his master 
 were connuitted to his care on attaining their sixth 
 or seventh year, their previous education having 
 been conducted by females. They remained with 
 the tutor (maijisier) until they attained the age of 
 puberty. (Ter. Aiidr. i. i. 24.) His duty was 
 rather to guard them from evil, both jihysical and 
 moral, than to conununicate instruction, to cultivate 
 their minds, or to impart accomplishments. He 
 went with them to and from the school or the 
 Gymnasium (Plato, Lysis, p. 118); he accom- 
 panied them out of doors on all occasions ; he was 
 responsible for their personal safetj', and for their 
 avoidance of bad company. (liato, up. At/ten. vii. p. 
 279.) The foniiation of their morals by direct su- 
 perintendence belonged to the irai5ow,uoi as public 
 officers, and their instruction in the various branches 
 of learning, i. c. in grammar, music, and gymnas- 
 tics, to the SiSatTKaAoi ox jnwa-jitores, whom Plato 
 (U. ec), Xenoplion (</<; Lac. Rep. n. 1 ; III. 2), 
 Plutarch {de Lib. Ed. 7), and Quintilian {lust. Or. 
 I. i. 8, 9) expressly distinguish from the paedayoi/i. 
 These latter even carried the books and instru- 
 ments which were requisite for their young mas- 
 ters in studying under the sophists and professors. 
 
 This account of the office is sufficient to explain 
 
PAENULA. 
 
 why the naiSayuiyds so often appears on the 
 Greek stage, both in tragedy, as in the Medea, 
 Phoeuissiw, and Ion of Euripides, and in comedy, 
 as in the Bacchulcs of Plautus. The condition of 
 slavery accounts for the circumstance, that the 
 tutor was often a Thracian (Plato, Akib. i. p. 341. 
 ed. Beklter), an Asiatic, as is indicated by such 
 names as Lydus (Plaiit. /. c), and sometimes a 
 eunuch. (Herod, viii. / •'>; Corn. Nep. Tlmnist. iv. 
 3; Polyaen. i. 30. 2.) Hence also we see why 
 these persons spoke Greek with a foreign accent 
 (yiToSapSapi^ovTes, Plato, ////sis, p. 14 o. ed.Bekker). 
 On rare occasions the tutor was admitted to the 
 presence of the daughters, as when the slave, sus- 
 taining this office in the royal palace at Thebes, 
 accompanies Antigone while she surveys the be- 
 sieging army from the tower. (Eurip. Pliueii. iJ7 — 
 210.) 
 
 Among the Romans the attendance of the tutor 
 on girls as well as boys was much more frequent, 
 as they were not confined at home according to the 
 Grecian custom. (Val. Max. vi. 1. 3.) As luxury 
 advanced under the emperors, it was strikingly 
 manifested in the dress and training of the beauti- 
 lul young slaves who were destined to become 
 I'lirdayoiji, or, as they were also termed, paedayoffia 
 ami ji/ici-i jiaedat/oyiard. (Plin. //. A^. xxxiii. 12. 
 ^. .j4 ; Sen. Bjiist. 124 ; £>e vita heala, 17 ; TertuU. 
 ^Ijiul. 13.) Augustus assigned to them a separate 
 place, near his own, at the public spectacles. 
 (Sueton. Auy. 44.) Nero gave otfence by causing 
 free boys to be brought up in the delicate habits of 
 paedagogi. (Sueton. Ncr. 28.) After this period 
 numbers of them were attached to the imperial 
 family for the sake of state and ornament, and not 
 only is the modern word paye a corruption of the 
 ancient appellation, but it aptly expresses the na- 
 ture of the service which the paedagogia at this 
 later era atforded. 
 
 I n palaces and other great houses the pages slept 
 :nid lived in a separate apartment, which was also 
 i:d\k-A jxu'daynyium. (Plin. vii. 27.) [J. Y.] 
 
 I'AE'NULA was a thick cloak, chiefly used by 
 the Romans in travelling instead of the toga, as a 
 ]iiotection against the cold and rain. (Cic. pro Alil. 
 '-'II ; Quintil. vi. 3. § 60'.) Hence we find the ex- 
 pression of scinde.re pacnuhim (Cic. arf.i4ft.xiii. 33) 
 used in the sense of greatly pressing a traveller to 
 stay at one's house. The paenula was worn by 
 women as well as by men in travelling. (Dig. 34. 
 tit. 2. s. 23.) It appears to have been a long cloak 
 without sleeves, and with only an opening for the 
 head, as is shown in the following figure taken from 
 Bartholini. If this is a real example of a paenula, 
 it would seem that the dress was sewed in front 
 about half way down, and was divided into two 
 parts, which might be thrown back by the wearer 
 so as to leave the anns comparatively free : it 
 must have been put on over the head. This 
 figure explains the expression of Cicero {pro Alil. 
 1. 1:), " paenula irretitus;" and of the author of the 
 Dialogus de Oratoribus (c. 39), " paenidis adstricti 
 et velut inclusi." 
 
 Under the emperors the paenula was worn in 
 the city as a protection against the rain and cold 
 (Juv. V. 79), but women were forbidden by Alex- 
 ander Severus to wear it in the city. (Lamprid. 
 Alex. Scv. 27.) At one time, however, the paenula 
 appears to have been commonly worn in the city 
 instead of the toga, as we even find mention of 
 orators wealing it when pleading causes {Dial, dc 
 
 PAGI. 679 
 
 Oral. 39), but this fashion was probably of short 
 duration. 
 
 The paenula was usually made of wool (Plin. 
 //. jV. viii. 4(J. s. 73), and particularly of that kind 
 which was called Gausapa [Gausap.\] {jiaeimki, 
 yausapina. Mart. xiv. 143). It was also some- 
 times made of leather. (^Pae?iitl<i scortea, Mait. xiv. 
 130.) Seneca (Qiuwid. N(tt. iv. tl) speaks of 
 " paenidae aut scorteae," but he appears only to 
 use this expression because paenulae were usually 
 made of wool. (Bartholini, de Paenula; Becker, 
 Gallus, ii. p. 93.) 
 
 PAGANA'LIA. [Pagi.] 
 
 PAGA'NI. [Pagi]. 
 
 PAGA'NICA. [PiLA.] 
 
 PAGI, were fortified places, to which the coun- 
 try-people might retreat in case of an hostile in- 
 road, and are said to have been instituted by Ser- 
 vius TuUius (Dionys. iv. 15) ; though the division 
 of the country-people into pagi is as old as the 
 time of Numa (Dionys. ii. 7()). Each of the coun- 
 try tribes was divided into a certain number of 
 pagi ; which name was given to the country ad- 
 joining the fortified village, as well as to the village 
 itself. There was a magistrate at the head of each 
 pagus, who kept a register of the names and of the 
 property of all persons in the pagus, raised the 
 taxes, and summoned the people, when necessary, 
 to war. Each pagus had its own sacred rites, and 
 an annual festival called Payanalixi. (Dionys. iv. 
 1.5; Varro, de Liny. Lat. vi. 24. 2G. ed. Mliller; 
 Macrob. Saturn, i. 16 ; Ovid, Fad. i. 669.) The 
 Payani, or inhabitants of the pagi, had their regular 
 meetings, at which they passed resolutions, many 
 of which have come down to us. (Orelli, Inscr. n. 
 3793. 4083. 106. 202. 2177.) The division of the 
 country-people into pagi continued to the latest 
 times of the Roman empire, and we find frequent 
 mention of the magistrates of the pagi under the 
 names of Magistri, Praefecti, or Praepositi pagorum. 
 (Orelli, Inscr. n. 121. 3795. 3796 ; Cod. Theod. 2. 
 tit. 30. s. 1 ; 8. tit. 15. s. I ; Walter, Gcschiclde 
 des K6m. Redds, p. 30. 384.) ^ . 
 
 The term Pagani is often used in opposition to 
 milites, and is applied to all who were not soldiers, 
 even though they did not live in the country. 
 (Milites et payani, Plin. Ep. x. 18 ; Juv. xvi. 32 ; 
 Suet. Auy. 27 ; Galb. 19; Dig. II. tit. 4. s. I ; 48. 
 
680 
 
 PAINTING. 
 
 PAINTING. 
 
 tit 19. s. 14,&c.). Hence we find Pagani or citizens 
 applied as a term of reproach to soldiers wlio 
 did not perform their duty (Tacit. Hid. iii. 24), 
 in the same waj' as Julius Caeser addressed liis 
 rebellious soldiers on one occasion as Quirites. 
 The Christian writers gave the name of Pagani to 
 those persons who adhered to the old Roman re- 
 ligion, because the latter continued to be gene- 
 rally believed by the country-people, after Chris- 
 tianity became the prevailing religion of the in- 
 habitants of the towns. 
 
 IIAIAONO'MOS was a magistrate at Sparta, who 
 had the general superintendence of the education 
 of the boys. His office was considered very honour- 
 able, and he was always chosen from the noblest 
 citizens. He had to make a general inspection of 
 the boys, and to punish severely all those who had 
 been negligent or idle ; for which purpose fiariyo- 
 (pSpoi were assigned to liim Ijy Lycurgus. Those 
 who were refractory he might bring before the 
 Ephors. The more immediate inspection of the 
 gymnastic exercises of the boys belonged to magis- 
 stnites called /StSiaioi. [Bidiaei.] {Xm. Rep. Lac. 
 U.-2; iii. 10; iv. C; F\ut. Li/c. 17; Hesychius, 
 s. v.; Krause, Gi/mnastik U7id Ayon. der Hellencn, 
 p. 2,54. G77.) 
 
 nAIAOTPlBAI'. [Gymnasium, p. 4(53.] 
 PAINTING {Pktura ; Ars dditwandi ; Tpcupi^, 
 rpa<piK-n, Zwyparpia). I. The art of imitating the 
 appearances of bodies upon an even surface, by means 
 of light and shade or colour, was an art most ex- 
 tensively cultivated by the ancients, but especially 
 by the Greeks, amongst whom it was cert;iinly 
 carried to the highest degree of technical develop- 
 ment. 
 
 II. Authorities. The principal original sources of 
 infomation upon the history of ancient art, are Pau- 
 sanias,the elder Pliny, and Quintilian ; the writings 
 also of Lucian, Aclian, Aristotle, Athenaeus, Plu- 
 tarch, the elder and youngerPhilostratus,and Cicero, 
 contain many hints and maxims invaluable to the 
 historian of art. The best modern works on the 
 subject are : Junius, " De Pictura Veterum" and 
 the " Catiilogus Artificum," Roter. 1694, folio, 
 which contidn abnost all the passages in ancient 
 authors relating to the arts ; but the Catalogue is 
 the more valuable portion of the work; Sillig, 
 " Catalogus Artificum," Dresden 1827, 8vo., an 
 indispensable supplement to the Catalogue of 
 J unius ; this excellent work, written equally for 
 the scholar and the artist, has been translated" into 
 English under the title of a " Dictionary of the 
 Artists of Antiquity," 1 !i;!7 ;* Mliller, " Handbuch 
 der Archiiologie der Kunst," Breslau 1835, 8vo. 
 2nd ed., a most useful work, but written more 
 for the antiquary than the artist ; Biittiger, 
 " Ideen zur Archaologie der Malerei," Dresden 
 1811, 8vo., first part, from the earliest times 
 until Polygnotus and his contemporaries, inclusive ; 
 Durand, "• Histoire de la Peinture Ancienne," 
 London 172.5, folio, a translation of book xxxv. 
 of Pliny, with copious notes ; Carlo Dati, " Vite 
 dei Pittori Antichi," Florence 1667, 4to., the 
 lives of Zeuxis, Parrhasius, Apelles, and Proto- 
 genes ; Thiersch, " Ueber die epochen der bil- 
 denden Kunst unter den Griechen," Munich 1 829, 
 8vo. 2nd ed. ; Raoul Rochette, " Recherches 
 
 * An important error, however, in this transla- 
 tion demands notice ; th(> tcnn rmoiicl is through- 
 out erroneously used in tlie place of encaustic. 
 
 sur I'emploi de la Peinture," &c., Paris 1836, 4to.; 
 and the lectures of Fuseli upon ancient painting, 
 and of Flaxman upon sculpture. Other works 
 have been written upon general and particular 
 subjects bearing more or less upon painting, such 
 as those of Heyne, Meyer, Hirt, Hermann, 
 Kugler, Volkel, Jacobs, Creuzer, Grund, Caylus, 
 Levesque, Millin, D'Hancarville, Quatremere de 
 Quincj', Inghirami, Visconti, Millingen, and 
 others, too nianerous to mention here. Of the 
 celebrated work of Winckelmann, " Geschichte der 
 Kunst des Alterthums,"only a very small portion 
 is devoted to painting. 
 
 III. Painting in its earliest state. The legends 
 relating to the origin of painting in Greece, 
 though they may have no real historical value, are 
 at least interesting to the lovers of art. One 
 legend, which is recorded by Pliny (xxxv. 43) and is 
 adverted to by Athenagoras [Lei/at. pro Christ. 14. 
 p. 59. ed. Dechair), relates the origin of the deli- 
 neation of a shadow or shade (o-ki'o, (T(C(a7pa<^/, 
 Pollux, vii. 128), which is the essential principle 
 of design, the basis of the imitative and plastic 
 arts. The legend runs as follows : — The daughter 
 of a certain Dibutades, a potter of Sicyon, at 
 Corinth, struck with the shadow of her lover who 
 was about to leave her, cast by her lamp upon the 
 wall, drew its outline {uml>rum ej' faeUi lineis cir- 
 cuinscripsit) with such force and fidelity, that her 
 father cut away the plaster within the outline, and 
 took an impression from the wall in clay, which he 
 baked with the rest of his pottery. This singular 
 production, according to tradition, was still pre- 
 served in Corinth until the destruction of the city 
 by Mummius. There seem to be, however, other 
 claimants to the honour of having invented skui- 
 graphy (ffKiaypaipia). Athenagoras (/. c.) mentions 
 Saurias of Samos, who traced his horse's shadow 
 in the sun with the point of his spear, and Crato 
 of Sicyon, whom he styles tlie inventor of drawing 
 or outline [ypacpiKi^), for he was the first to practise 
 the art upon tablets with prepared grounds (ey 
 TTiVaKi \eAevKa>ij.ivcf). Pliny (vii. 57) mentions, 
 upon the testimony of Aristotle, that Euchir 
 (E£!x«ip), a relation of Daedalus, invented paintinj 
 in Greece. Although Pliny's account (xxxv. 5) 
 of the origin and progress of painting in Greece is 
 somewhat circumstantial, his information can still 
 not be considered as authentic matter of history ; 
 and the existence of several of the most ancient 
 artists, mentioned by Pliny and many Greek 
 writers, is very questionable. Besides those al- 
 ready spoken of, we find mention of Philocles of 
 Egypt ; Cleanthes, Ardices, and Cleophantus, of 
 Corinth ; Telephanes of Sicyon, Eugrammus, and 
 others. (Upon the meanings of some of these 
 names see Biittiger, Idccn zur Archaului/ie, p. 138, 
 and Thiersch, Ephvch, &c., note 22.) 
 
 Sculpture is generally supposed to be a more 
 ancient art than paintiny; but this arises from an 
 imperfect comprehension of the nature of the two 
 arts, which are ime in origin, end, and principle, 
 and differ only in their development. Design is 
 the basis of both, colour is essential to neither, nor 
 can it be said to belong more particularly to the 
 latter {ypa<piKi^) than to the former (nKaaTiKTi). 
 Coloured works in plastic, in imitation of nature, 
 were in ancient times as connnon, and probably 
 more so, than coloured designs : tlie majority of the 
 illustrations upon the vases are colourless. The 
 staining of the human body, or the colouring of 
 
PAINTING. 
 
 PAINTING. 
 
 681 
 
 images, is the common notion of the origin of paint- I 
 ing ; but simple colouring^ and painting, strictly | 
 speaking, are quite distinct ; the distinction be- 
 tween " to colour," xp<"ff colorem irulucere, and 
 " to paint," ^wypa(p€7v, pingere, diditieare. (Pollux, 
 vii. 126.) The colouring of the early wooden 
 images, the ancient ^Aava, or the fpf-a?, the ira\- 
 \dSta, and the Sa/SoAa, must have certainly pre- 
 ceded any important essays in painting, or the 
 representation of fonns upon an even surface by 
 means of colour and light and shade combined. 
 But this is no stage in the art of painting, and 
 these figures were most probably coloured by the 
 artists who made them, by the old vKdarai or 
 4pfioy\v(pai themselves ; the existence, however, 
 of the art of design is esbiblished by the existence 
 of the plastic art. It is perhaps to this species of 
 |iainting that Pliny alludes, when he says (xxxv. 
 l '">), " Plastae laudatissimi fuere Daraophilus et 
 ( lurgasus iidemque pictores." 
 
 We will now as briefiy as possible consider the 
 gradual development of painting, and the informa- 
 tion relating to its progressive steps, preserved in 
 ancient writers. The simplest forai of design or 
 drawing {ypa(piK-^) is the outline of a shadow, with- 
 out any inteniiediate markings, or the shape of a 
 shadow itself (a silhoitcite), in bhick, white, or in 
 colour (umlira lujminis lincis circiiindiicta) ; this 
 kind of dra'iving was termed aKiaypa(pia. But this 
 simple figure or shade, (TKia (aKiaypafifxa), when 
 in colour, was also essentially a monochrom {/xopo- 
 Xpupi-aTov). The next step was the outline, the 
 " pictura Unearis," the monogram [fj.ov6ypaix/j.ou) ; 
 this is said to have been invented by Philocles of 
 Mgypt or Cleanthes of Corinth, but first practised 
 by Ardices of Corinth and Telephanes of Sicyon ; 
 it was the complete outline with the inner mark- 
 ings, still without colour, such as we find upon the 
 ancient vases, or such as the celebrated designs of 
 Flaxman, which are perfect monograms. These 
 outlines were most probably originally practised 
 upon a white groinid {iv Tri'caKi \€\€VKufx4vw), 
 for Pliny remarks that they were first coloured by 
 Cleophantus of Corinth, who used " testa trita," 
 by which we should perhaps understand that he 
 was the first to draw them upon a coloured or red 
 ground, such as that of the vases. (Plin. xxxv. 5.) 
 
 The next step is tlie more perfect form of the 
 monochrom, alluded to above ; in this, light and 
 shade were introduced, and in its most perfect state 
 it was, in everything that is essential, a perfect 
 picture. These " monochromata" were practised 
 iu all times, and by the greatest masters. Pliny, 
 speaking of Zeuxis (xxxv. 3()), says, " pinxit et 
 monochromata ex albo est' albu, that is, in gray 
 and gi-ay, similar to the chiariscuri of the Italians. 
 They are described by Quintilian (xi. 3. § 4G), 
 " qui singulis pinxerunt coloribus, alia tamen 
 i inincntiora, alia rcductioru fecerunt." They were 
 painted also red in red. Pliny (xxxiii. 39) tells 
 us that the old masters painted them in vermilion, 
 " Cinnabari veteres, (juae ctiam nunc meant mono- 
 chromata, pingebant," and also in red lead, but 
 that afterwards the rubrica or red ochre was sub- 
 stituted for these colours, being of a more delicate 
 and more agreeable tint. 
 
 Hygiemon, Dinias, and Charmadas, are men- 
 tioned by Pliny (xxxv. 34) as having been famous 
 ancient monochromists ; their age is not known, 
 but they most probably jiractised the simpler form, 
 such as we find upon the most ancient vases. 
 
 Four monochroms in the latter style, red in red, 
 were discovered in Ilerculaneum. {Lc Antichita 
 d^Ercolano, vol. i. plates 1, 2, 3, 4.) They are 
 paintings of a late date and are of considerable 
 merit in every respect, but the colours have been 
 nearly destroyed by the heat, and the pictures are 
 in some places defaced ; they are painted upon 
 marble. They were probably all executed by the 
 same artist, Alexander of Athens. AAEHANAPOS 
 A0HNAIO2 ErPA<j>EN, is an inscription upon one 
 of them (pi. 1), which represents five females, with 
 their names attached, two of whom are playing at 
 the ancient game with the tali {a,(rTpaya\ia-fj.6s). 
 These tablets are in the collection of ancient paint- 
 ings of the Museo-Borbonico at Naples, Nos. 408, 
 409, 410, 411. 
 
 The next and last essential step towards the 
 full development or establishment of the art of 
 painting [^wypa(p'ta) was the proper application of 
 local colours in accordance with nature. This is, 
 however, quite a distinct process from the simple 
 application of a variety of colours before light and 
 shade were properly understood, although each ob- 
 ject may have had its own absolute colour. The 
 local colour of an object is the colour or appearance 
 it assumes in a particular light or position, which 
 colour depends upon,and changes with, the light and 
 the surrounding objects ; this was not thoroughly 
 understood until a very late period, but there will 
 be occasion to speak of this hereafter. Probably 
 Eumarus of Athens, and certainly Cimon* of 
 Cleonae, belonged to the class of ancient tetra- 
 chromists or polychromists, for painting in a variety 
 of colours, without a due or at least a partial ob- 
 servance of the laws of light and shade, is simply 
 polychromy ; and a picture of this latter descrip- 
 tion is a much more simple effort than the rudest 
 forms of the monochrom in chiaroscuro. There are 
 a few examples of this kind of polychrom upon the 
 most ancient vases. In the works of Eimiarus of 
 Athens, however, there must have been some at- 
 tention to light and shade, and in those of Cimon 
 of Cleonae still more. 
 
 IV. Painting in Asia Minor andin Magna Grac- 
 
 * These two names are generally connected 
 with each other, but Eumarus must have preceded 
 Cimon some time. He was the first, according to 
 Pliny (xxxv. 34), who distinguished the male from 
 the female in painting : " qui primus in pictura 
 marem feminamque discreverit, . . . figuras omnes 
 imitari ausum." The most obvious distinction 
 which here suggests itself can scarcely be alluded 
 to by Pliny, or Eumarus must belong to a very 
 early period, for we find that distinction very de- 
 cidedly given on even the most ancient vases, 
 whenever the figure is naked. That Eumanis 
 dared or ventured to imitate all figures, may imply 
 that he made every distinction between the male 
 and the female, giving also to each sex a character- 
 istic style of design, and even in the compositions, 
 draperies, attitudes, and complexions of his figures, 
 clearly illustrating the dispositions and attributes 
 of each, exhibiting a robust and vigorous form in 
 the males, and making the females slighter and 
 more delicate. These qualities are all perfectly 
 compatible with the imperfect state of the art of 
 even so early a period, and they may also be very 
 evident, notwithstanding ill-arranged composition, 
 defective design, crude colour, and a hard and 
 tasteless execution. 
 
682 PAINTING. 
 
 cia. It is singular that the poems of Homer do not 
 contain any mention of painting as an imitative 
 art, nor is tliere mention of any artist similar to 
 Daedalus, or Hephaestus or Vulcan, who might 
 represent the class of painters. This is the more 
 remarkable, since Homer speaks of rich and ela- 
 borate embroidery as something not uncommon ; it 
 is sufficient to mention the splendid Diplax of 
 Helen (//. iii. 126), in which were worked many 
 battles of the Greeks and Trojans fought on her 
 account. This embroidery is actual painting in 
 principle, and is a species of painting in practice, 
 and it was considered such by the Romans, who 
 termed it ")iictura textilis" (Cic. Veri: n. iv. 1), 
 " textili stragulo, magnificis operibus picto" (Id. 
 Twsc.v. 21); that is, painted with the needle, 
 embroidered, acu pkio. (^Pinyehiit acu, Ovid, J\Ict. 
 vi. 23 ; pic/us acu, Virg. Aeii. ix. 582.) The va- 
 rious allusions also to other arts, similar in nature 
 to painting, are sufficient to prove that painting 
 must have existed in some degree in Homer's 
 time, although the only kind of painting he notices 
 is the " red-cheeked and " purple-cheeked ships" 
 (f-^es (UiAToTrapjjoi, //. ii. 637 ; "^as (fiOLVtKoirap-tl- 
 ovs, Od. xi. 123), and an ivoiy ornament for the 
 faces of horses, which a Maeonian or Carian wo- 
 man colours with purple. (//. iv. 141.) The de- 
 scription of the shield of Achilles, worked by 
 Vulcan in various-coloured metals, satisfactorily 
 establishes the fact that the plastic art nuist have 
 attained a considerable degree of development in 
 the time of Homer, and therefore determines also 
 tiie existence of the art of design, (ylrs ddiiieundi ; 
 ypafpiK'/j.) 
 
 Painting seems to have made considerable 
 progress in Asia Minor, while it was still in its 
 infancy in Greece, for Candaules, king of Lydia 
 (u. c. 716), is said to have purchased at a high 
 price a painting of Bularchus,* which represented 
 a battle of the Magnetes. (Plin. xxxv. 34.) It 
 would appear from the expression of Pliny (vii. 39) 
 that Candaules paid the painter as much gold 
 coin as would cover the picture. This painting 
 of Bularchus is not an isolated fact in evidence of 
 the early cultivation of painting in Asia ; there is 
 a remarkable passage in Ezekiel, who prophesied 
 about 600 B. c, relating to pictures of the Assy- 
 rians (xxiii. 14, 15): " Men pourtrayed upon the 
 waU, the images of the Chaldeans puuHraycd with 
 vvnnili(i/i, girded with girdles upon their loins, ex- 
 ceeding in 'h/c'd attire upon their heads, all of them 
 princes to look to, after the manner of the Babylo- 
 nians of Chaldea, the land of their nativity." 
 
 The old Ionic or Asiatic painting, the " genus 
 picturae Asiaticum,"as Pliny (xxxv. 36. g 75) terms 
 it, most probalily flom'ishcd at the same time with 
 
 * This tradition is rejected hy Miiller {Archiio- 
 loffie, S)'c. § 74), for tlie insufficient reason that 
 Pliny, in the second passage quoted, uses the ex- 
 pression " Magnctum exitii, or ejcidii" instead of 
 " Miignetum prudimn " as in the first ; since the 
 only known destruction of Magnesia took place, 
 according to Archilochus, through the Treres, un- 
 der Ardys the successor of Gyges, after Ulym. 20 
 (b. c. 677), about 40 years after the death of 
 Candaules. This date is, however, doubtful ; but 
 supposing the contrary, the expression " in qua 
 erat Magnetum proelium" is sufficiently clear and 
 decisive, independently of it. (See Clniton, Fad. 
 Ildlcn. tab. 712. 3.) | 
 
 PAINTING. 
 
 the Ionian architecture, and continued as an inde- 
 pendent school until the sixth century a. c, when 
 the lonians lost their liberty, and with theu liberty 
 their art. Herodotus (i. 164) mentions that when 
 Harpagus besieged the town of Phocaea(B. c.544), 
 the inhabitants collected all their valuables, their 
 statues and votive offerings from the temples, 
 leaving only their paintiiiys, and such works in 
 metal or of stone as could not easily be removed, 
 and fled with them to the island of Chios ; from 
 which we may conclude that paintings were not 
 only valued by the Phocaeans, but also common 
 amongst them. Herodotus (iv. 88) also informs 
 us that Mandrocles of Samos, who constructed for 
 Darius Hystaspes the bridge of boats across the 
 Bosporus (b. c. 508), had a picture painted, repre- 
 senting the passage of Darius's army, and the king 
 seated on a throne reviewing the troops as they 
 passed, vvhich he dedicated in the temple of Hera 
 at Samos. 
 
 After the conquest of Ionia, Samos became the 
 seat of the arts. (Herod, iii. 60.) The Heraeum 
 at Samos, in which the picture of Mandrocles was 
 placed, was a general depository for works of art, 
 and in the time of Strabo appears to have been 
 particularly rich in paintings, for he terms it a 
 "picture-gallery" (TTivaKodriKt], xiv. p. 637). 
 Consecrated or votive pictures on panels or tablets 
 {irivaKiS dvaKeifxeuoi, or ypacpal dvaKd/j.ei'ai') con- 
 stituted a considerable portion of the dvadri/iaTa or 
 votive offerings in the temples of Greece, most of 
 which in a later period had a distinct building or 
 gallery {oiK-rifia) attached to them disposed for the 
 reception of pictures and works of this class. (Paus. 
 i. 22. § 4 ; X. 25. § 1, 2 ; Athenaeus, xiii. p. 606 
 b. ; Strabo, ix. p. 396.) 
 
 After the decline of the Ionian art, it flourished 
 amongst the Greeks in Italy and Sicily, and espe- 
 cially in Crotona, Sybaris, and Tarentum. Aris- 
 totle {De iMirab. Auscntt. c. 9.9) speaks of a magni- 
 ficent cloth or pallium {Ifidriov) of Alcisthenes of 
 Sybaris, which measm'ed 15 cubits, was of the 
 richest purple, and in it were worked the repre- 
 sentations of cities, of gods, and of men. It came 
 afterwards into the possession of the tyrant 
 Dionysius the elder, who sold it to the Carthagi- 
 nians for 120 talents. This is sufficient evidence 
 of the existence of painting among the ItaLiots, 
 and even of painting of a high degree. 
 
 Pliny would induce us to believe that painting 
 was established throughout Italy as eai-ly as the 
 time of Tarquinius Priscus (xxxv. 6). He men- 
 tions some most ancient paintings at Caere ; and a 
 naked group of Helen and Atalanta, of beautiful 
 forms, painted upon the wall of a temple at 
 Lanuvium, and some paintings by the same artist 
 in the temple of Juno at Ardea, accompanied with 
 an inscription in ancient Latin characters, record- 
 ing the name of the artist and the gratitude of 
 Ardea. (Plin. xxxv. 6. 37.) 
 
 V. Paintinj in Greece. Cimon of Cleonae is 
 the first important character we meet with in 
 the history of painting in Greece. His exact 
 period is verj^ xmcertain, but he was probably a 
 contcm])orary of Solon, and lived at least a century 
 before Polygnotus. It is not at all necessary, as 
 Pliny supposes, that he must have preceded Bu- 
 larchus, which would place him two centuries 
 earlier ; as lie may have easily acquired the art in 
 one of the Ionian cities, for in the time of Solim 
 there was a very extensive intcrcom'se between 
 
PAINTING. 
 
 PAINTING. 
 
 G83 
 
 Greece and the Asiatic colonies. Tlie superior I 
 quality of the works of Cimon, to which Pliny and 
 i Aeliaii bear sufHcient testimony, is a strong reason 
 f for assigning him a later date ; but his having been 
 ) contemporary with Dionj'sius of Colophon, who 
 copied the works of Polygnotus, is quite out of the 
 question. This has been inferred from the occur- 
 ' rence of the name Cimon in connection with that 
 1 of Dionysius in Simonides (AiithoL Pat. ix. Ittii, 
 ■ and in Append, ii. p. 648) ; but as Miiller (Arch'd- 
 ' ulogie, § 99. I) has observed, Mikuiv ought to be 
 tlicre most probably substituted for Ki'jucov. 
 
 Cimon improved upon the inventions of Eumarus ; 
 lie was tile first who made foreshortenings {cata- 
 </n/p/ia), and drew the figure in a variety of atti- 
 tudes ; lie first made muscular articulations, indi- 
 cated the veins, and gave natural folds to drapery, 
 (xxxv. 34.) The term " catagrapha," which Phny 
 uses, evidently signifies any oblique view of the 
 figure or countenance whatever, whether in profile 
 or otherwise ; in technical language, fhrcskurtcn- 
 I ings. 
 
 We learn from Aelian ( V. H. viii. 8) that Cimon 
 I was much better paid for his works than any of his 
 predecessors. This alone implies a great superiority 
 p in liis works and a vast improvement in art. He 
 appears to have emancipated painting from its 
 f archaic rigidity ; and his works probably occupied 
 a middle place between the productions of the 
 * earlier school and those of Polygnotus of Thasos. 
 At the time of Polygnotus (b. c. 4b'0), partly on 
 account of the changes which took place in the 
 Greek character subsequent to the Persian invasion, 
 and partly in consequence of his o'wn great works 
 in Athens and at Delphi, painting attracted the at- 
 tention of all Greece; but previous to this time, 
 the only cities that had paid any considerable at- 
 tention to it, were Aegina, Sicyon, Corinth, and 
 Athens. Sicyon and Corinth had long been famous 
 for their paintings upon vases and upon articles of 
 j furniture ; the school of Athens was of much later 
 I date than the others, and had attained no celebrity 
 whatever, until the arrival of Polygnotus from 
 Thasos raised it to that preeminence which, 
 through various circumstances, it continued to 
 maintain for more than two centuries, although 
 very few of the great painters of Greece were na- 
 tives of Athens. 
 
 It has been attempted hitherto, as far as our 
 ^ace would admit of, to trace the progressive steps 
 of Grecian painting from its infancy, until it attain- 
 ed that degree of development requisite to entitle 
 it to the name of an independent art ; but before 
 entering upon the consideration of the painting of 
 the Greeks in its complete development, it will be 
 well to examine both their technic systems and 
 their mechanical means. 
 
 VI. Tcclinic. — Vehicles, Materials, S^c. {<pdp- 
 /MKa, uAai, &C., Pollux, vii. 128). The Greeks 
 painted with wax, resins, and in water colours, to 
 which they gave a proper consistency, according to 
 tlie material upon which they painted, with gum 
 (yummi), glue (f/lutiiium), and the white of egg 
 {uvi alliunieti) ; gmn and glue were the most com- 
 mon. It does not appear that they ever painted 
 I in oil ; the only mention of oil in ancient writers 
 i in connection with painting, is the small quantity 
 which entered into the composition of encaustic 
 varnish, to temper it. (Vitravius, vii. 9 ; Plin. 
 xxxiii. 40.) They painted upon wood, clay, plaster, 
 stone, parchment, and canvass ; the last was, ac- 
 
 cording to one account (Plin. xxxv. 33), not used 
 till the tune of Nero ; and though this statement 
 appears to be doubtful ( " depictam in tabula 
 sipariove imaginem rei," Quint, hist. Or. vi. 1. § 
 32 ; see Raoul Rochette, p. 331), the use of can- 
 vass must have been of late introduction, as there 
 is no mention of it having been employed by the 
 Greek painters of the best periods. They generally 
 painted upon panels or tablets (TriVaittj, ivivaKia, 
 tabulae, tabellae), and very rarely if ever upon 
 walls ; and an easel similar to what is now used, 
 was common among the ancients, who called it 
 oKplSas or KaKvSas. (Pollux, vii. 129.) Even iu 
 the time of Pliny, when wall-painting was com- 
 mon, those only who painted easel-pictures {talm- 
 tae) were held in esteem : " sed nulla gloria 
 artihcum est nisi eorum qui tabulas pinxere" 
 (xxxv. 37); that is, those who painted history or 
 fable upon panels, in what is termed the historic 
 or great style, the meyaloyrapihia of Vitruvius ( vii. 
 4, 5), and the xpV<^'''oypa-'p'°' of Plutarch. (Aral. 
 13.) These panels, when finished, were fixed 
 into frames of various descriptions and materials 
 (Plin. xxxv. 4.5), and encased in walls. (Pliji. 
 xxxv. 10; Cic. in Vcrr. iv. 55; Dig. 19. tit. 1. 
 s. 17. § 3 ; Mliller, Arch. § 319. 5 ; see Raoul 
 Rochette, Stir Cciiiploi dc la Fciiitiire, ^c, a work 
 devoted to the discussion of this subject.) The 
 ornamenbil panel-painting in the houses of Pom- 
 peii, is evidently an imitation of this more ancient 
 and more costly system of decorating walls. The 
 wood of which these panels or tablets were gene- 
 rally made was Larch {Abies Larix, Larix femina, 
 'EAdrri, Theophr. //. Ft. iii. 9. 7 ; Plin. xvi. 
 73), and they were grounded or prepared for 
 painting witli chalk or white plaster ; this prepared 
 ground was termed AaJKcofza, which term was ap- 
 plied also to the tablet itself when thus prepared. 
 (Suidas, s. v. ; ey irii/aKi AeXiVKu/xevcp, Athenag. 
 /. c.) 
 
 The style or cestrum used in drawing, and for 
 spreading the wax colours, pointed at one end and 
 broad and flat at the other, was termed ypacpls by 
 the Greeks and cestrum by the Romans ; it was 
 genei'ally made of metal. There is a representa- 
 tion of an instrument of this description in one of 
 the paintings of Herculaneum. (Antic/tita d''Ercu- 
 lano, vol. iii. pi. 45.) The hair-pencil (peuicillus, 
 penicilluni) was termed vwoypa<pls, and apparently 
 also paSSiop (xp'wf'eii' Sici tou paSSiov, Timaeus, 
 Lex. Plat. s. v. Xpaiveiv : see Letronne, Encaustic, 
 .Juiirn. des Sav. Sept. 1835, on the meaning of 
 paSSlop). 
 
 The ancients used also a palette very similar to 
 that used by the moderns, although it appears that 
 there is no absolute mention of the palette in any 
 ancient author. The fact, however, is sufficiently 
 attested by the figure of Painting discovered in the 
 so-called Pantheon at Pompeii, which holds the 
 palette and brushes in her left hand. (Zahn, Die 
 schonMeri ornamente und merkwurdiijstcn ycm'dlde 
 aus Pompeii Herkulanum und Stabiae, Berlin 1828.) 
 In the same work (plate 98) a female who is 
 painting is represented holding something in her 
 left hand which appears to be a palette, but it is 
 not well defined even in the origiiial. (Museum of 
 Naples, No. 383. " La femme Peintre," Pompei. 
 In the Antic/iita d''Ercolano, it is given as a female 
 copying a Hermes, vol. vii. pi. I.) In the grotesque 
 drawing of a portrait-painter at work, copied by 
 I Mazois (ies Raines dc Puiiqm, part ii. p. b8) from a 
 
684 PAINTING. 
 
 picture in the Casa Carolina at Pompeii, a small 
 table serves as a palette and stands close to his right 
 hand ; it appears to have seventeen different tints 
 upon it. It is most probable that the " tabeUa" of 
 Pliny and the invaKiov of Pollux (or even the 
 ■Kvi^iov, X. 59) signified also palette as well as 
 tablet. 
 
 The ancient authors have left us less information 
 concerning the media or vehicles {(pdpfiaKa) used 
 by the painters of antiquity than on any other 
 matter connected with ancient painting. Gum 
 and glue, commis, gummi, glutinum, glutinum 
 taurinum, were evidently in common use. (Plin. 
 XXXV. 25 ; Vitruv. vii. 10.) Pliny (xiii.20) speaks 
 of sarcocolla {Pciiaea Sarcocolla, Linnaeus) as a 
 gum most useful to painters. The Greeks received 
 it from Persia. (Diosc. iii. 99.) Its substance has 
 been analyzed by M. Pelletier. (See Merat, Diet. 
 Mid. Scien.) 
 
 Mastich, a resin of the Pistacia Lentiscus, now 
 much used by painters, is also mentioned by Greek 
 and Roman writers (Plin. xii. 30 ; xxiv. 28 ; 
 Diosc. i. 96 ; Theophr. H. PI. vi. 4) ; the best was 
 produced in the island of Chios. It was termed 
 puiTivi] trx^uivT] and /xacTTixVi also aKavBivrj fiaa- 
 rixVi resina lentiscinu, inasiidie. There were va- 
 rious kinds ; Pliny mentions a kind from Pontus 
 which resembled bitumen. This resin was not 
 improbably mixed with the Punic wax prepared 
 for painting in encaustic, for the Abate Requeno, 
 who made many experiments in encaustic {Sugyi 
 sul ristahilimcnio dcW antka arte dei Grcci e Ito- 
 vriani piiiuri, Parma 1787), asserts that it amalga- 
 mates well with wax ; the same writer is also of 
 opinion that the ancient encaustic painters used 
 also amber [succiniim) and frankincense or oli- 
 banum ( Tlius masculum) in the preparation of their 
 colours. Pliny (xxxiv. 20), speaking of verdigris, 
 remarks that it was sometimes mixed with frank- 
 incense. He also mentions (.xiv. 25) other resins 
 and substances which are useful to painters, and 
 (xxiv. 22) particularly turpentine (Tcrebiiithina), 
 of which, as now, there were formerly various 
 kinds. (See Geoffroy, Rlatcr. Med. ; and Excurs. 
 vi. ad Plin. xxiv. 22. ed. Lemaire.) 
 
 The method of preparing wax, or Punic wax 
 {cera Punica),ei& it was termed, is preserved in Pliny 
 (xxi. 49) and Dioscorides (ii. 105). It was the 
 ordinary yellow wax, purified and bleached, by 
 being boiled three distinct times in sea-water, with 
 a small quantity of nitre, ajiplying fresh water cacli 
 time. When taken out of the water the third 
 time, it was covered with a thin cloth and placed 
 in the sun to dry. Wax thus purified was mixed 
 with all species of colours and prepared for paint- 
 ing ; but it was applied also to many other uses, as 
 polishing statues, walls, &c. 
 
 Pliny speaks of two kinds of bitumen or 
 asplialtum (atrcfjaAros), the ordinary, and a white 
 Babylonian bitumen (xxxv. 51). It was used as 
 a varnish for bronze statues. For an account of 
 the colours used by the ancient painters, see the 
 article Colores. 
 
 VII. Methods of Painting. There were two 
 distinct classes of painting practised by the an- 
 cients ; in water colours, and in wax ; both of 
 which were practised in various ways. Of the 
 foimer the principal were fresco, al fresco ; and the 
 various kinds of distemper (a tempera), with glue, 
 witli the white of egg, or with gums (a guazzo) ; 
 and with wax or resins when these were rendered 
 
 PAINTING. j 
 
 by any means vehicles that could be worked with 
 water.* Of the latter the principal was tlirougli 
 fire (5io TTupds) termed encaustic (fy/cai/ffTi/cj;, 
 encuustica). The painting in wax, K7ipoypa<p'ia, or 
 ship painting, incemmenta ?/aviiim (hiv . xxviii.45), 
 was distinct from encaustic. (Compare Athenaeus, 
 V. p. 204. b. ; K7]poypa<pta KaTeirtTvoiKtXTO, whicli 
 is distinct from (Xkov^s . ... if iyKavfia<n ypacf>6- 
 fj-ivai 8id vvpos. Pint. Mur.AtHutor. 10.) 
 
 Fresco was probably little employed by the 
 ancients for works of imitative art, but it appears [ 
 to have been the ordinary method of simply colour- ' 
 ing walls, especially amongst the Romans. The 
 walls were divided into compartments or panels, 
 which were termed abaci, dSaKes ; the composition 
 ot the stucco and the method of preparing the walls 
 for painting is described by Vitruvius (vii. 3). 
 They first covered the wall with a layer of ordi- , 
 nary plaster, over which, when dry, were succes- ! 
 sively added three other layers of a finer quality, 
 mixed witii sand ; above these were placed still 
 three layers of a composition of chalk and marble 
 dust, the upper one being laid on before the under 
 one was quite dry, and each succeeding coat being 
 of a finer quality tlian the preceding. By this pro- 
 cess the dirterent layers were so bound together, 
 that the whole mass fonned one solid and beautiful 
 slab, resembling marble, and was capable of being 
 detached from the wall and transported in a wooden 
 frame to any distance. (Vitruv. ii. 8 ; Plin. xxxv. 
 49.) Yitruvius remarks that the composition of 
 the ancient Greek walls was so excellent, that per- 
 sons were in the habit of cutting away slabs from 
 them and converting them into tables, which had 
 a very beautiful appearance. This colouring al 
 fresco, in which the colours were mixed simply in 
 water, as the term implies, was applied when the 
 composition was still wet. (ii(/o fcc/orio), and on that 
 account was limited to certain colours, for no 
 colours except earths can be employed in this way, 
 that have not already stood the test of fii'e. Pliny 
 (xxxv. 31) mentions those colours which could not 
 be so employed : Purpurissum, Indicum, Caeru- 
 leum, Melinum, Auiipiginentum, Appianum, and 
 Cerussa ; instead of Melinum they used Paraeto- 
 niuni, a white from Egypt, which was by the Ro- 
 mans considered the best of whites. [Colores.] 
 
 The care and skill required to execute a work in 
 fresco, and the tedious and expensive process of 
 preparing the walls, must have etfectually excluded 
 it from ordinary places. The majority of the walls 
 in Pompeii are in common distemper ; but those of 
 the better houses, not only in Pompeii but in Rome 
 and elsewhere, especially those which constitute 
 the grounds of pictures, are in fresco. AU the 
 pictures, however, are apparently in distemper of a 
 superior kind, or a guazzo, but the impasto is of va- 
 rious qualities ; in some it appears to have the con- 
 sistency of oil painting without its defects, in others 
 it is very inferior. 
 
 Ordinary distemper, that is, with glue or size, is 
 
 * Wax becomes a water colour medium, when 
 boiled with sarcocolla or mastich, according to the 
 Abate Requeno, who mixed five ounces of mastich 
 with two of wax, which when boiled he cooled in 
 a basin of cold water ; turpentine becomes such 
 when well mixed with the white of egg and water. 
 The yolk of egg, when mixed with vinegai', also 
 makes a good worknig vehicle for this species of 
 painting, but it does not require water. 
 
PAINTING. 
 
 1, probably the most ancient species of painting ; | 
 ■ many of the ancient ornamental friezes and [jainted 
 bassi-rolievi in the temples and ruins in Egypt, and 
 also many of the most ancient remains in Italy, are 
 . painted in this manner. 
 
 i, The fresco walls, when painted, were covered 
 I with an encaustic varnish, both to heighten the 
 colours and to preserve them from the injurious 
 effects of the sun or the weather. Vitruvius(vii. 9) 
 describes the process as a tircek practice, which 
 they termed Kavcris. When the wall was coloured 
 and dry, Punic wax, melted and tempered with a 
 I' little oil, was rubbed over it with a hard brush 
 (seta); this was made smooth and even by apply- 
 ing a cauterium ( KauTijpio;/), or an iron pan, tilled 
 with live coals, over the surface, as near to it as 
 was just necessary to melt the wax: it was then 
 i| rubbed with a candle (wax!'') and a clean linen 
 ) cloth, in the v/ay that naked marble statues were 
 ( done. (Compare Plin. xxxiii. 40.) Tlie Abate 
 Rcqueno supposes that the candles were used as a 
 I species of delicate cauterium, simply to keep the 
 I wax soft, that it might receive a polish from the 
 I' friction of the linen ; but it is a subject that pre- 
 I sents considerable difticidty. 
 
 This kind of varnish was applied apparently to 
 ; plain walls only, for Sir Humjjliry Davy discov- 
 ered no remains wliatever, in the Baths of Titus, 
 of an encaustic v;iniish upon paintings, although 
 till' i)lain walls had generally traces of a red varnish 
 of this description. Neither Pliny nor Vitnivius 
 mention anything about colour, but this is evidently 
 a most simple addition, and does not interfere at 
 nil either with the principle or the application of 
 the vaniish. Paintings may have possibly been 
 executed upon the walls after they were thus 
 varnished. 
 
 A method apparently very generally practised 
 liy the Roman and later Greek painters was En- 
 caustic, which, according to Plutarch (1. c), was 
 tlic most durable of all methods ; it was in very 
 little use by the earlier painters, and was not 
 generally adopted until after the time of Alexander. 
 Pliny (xxxv. 3!)) defines tlie tenu thus : " ceris 
 pingere ac picturam inurere," to paint with wax or 
 wax colom's, and to burn in the picture afterwards 
 with the cauterium ; it appears therefore to hiive 
 Ih'cu the simple addition of the process of buruini/ 
 ill to the ordinary method of painting vnih wax 
 ciiloiu's.* Cerae (waxes) was the ordinary term 
 fnr painters' colours amongst the Romans, but more 
 chpccially encaustic colours, and they kept tliem in 
 ])artitioned boxes, as painters do at present. 
 (" Pictores locidatas magnas habent arculas, ubi 
 (liscolores sint cerae," Varro, tic lie Rust. iii. 17.) 
 They were most probably kept dry in these boxes, 
 and the wet brush or pencil was rubbed upon them 
 
 • There were various kinds of encaustic, with 
 the pencil and with the cestrum ; but the difference 
 Ijetween them caimot have been very great, for 
 Pausias, whose style was in encaustic with the 
 cestrum, nevertheless undertook to repair the 
 paintings of Polygnotus at Thespiae, which were 
 j painted in the ordinary manner in water colours 
 t with the pencil. Pliny (xxxv.) in enumerating 
 the most celebrated painters of antiquity speaks 
 separately of those who excelled in either class ; 
 I chap. 3G is devoted to those who painted in the 
 ordinary method with the pencil, and chap. 40 
 principally to those who painted in encaustic. 
 
 PAINTING. 685 
 
 when colour was required, or they were moistened 
 by the artist previous to commencing work. From 
 the tenn cerae, it would appear that wax consti- 
 tuted the principal ingredient of the colouring 
 vehicle used, but this does not necessarily follow, 
 and it is very improbable that it did ; there must 
 have been a great portion of gum or resin in the 
 colours, or they could not have hardened. Wax 
 was undoubtedly a most essential ingredient, since 
 it apparently prevents the colours from cracking : 
 cerae therefore might originally simpl}- mean colours 
 which contained wax, in contradistinction to those 
 which did not, but was afterwards applied gene- 
 rally by the Romans to the colours of painters, as 
 for inst<ance by Statins {Si/h: i. i. 100), " Apelleae 
 cuperent te scribere cerae." The sponge [airoyyia, 
 spontiia), spoken of by Pliny and other writers in 
 connection with painting, affords some proof that 
 painting in water-colours was the method generally 
 practised by the ancient painters ; which is also 
 corroborated by the small vessel placed close to the 
 palette or fcible of the portrait-painter of the Casa 
 Carolii.a of Pompeii, evidently for the purpose of 
 wasliing his single bnish in. Seneca (/;.}*. 121. 5) 
 notices the facility and rapidity with which a paint- 
 er takes and lays on his colours. 'I'hat wax or 
 resins may be used as vehicles in water-colours has 
 been already mentioned. 
 
 The origin of encaustic painting is unknown. It 
 was practised in two ways with the cestrum, 
 namel}', in wax and on ivory ; and in a third man- 
 ner with the pencil. The last method, according 
 to Pliny, was applied chiefly to ship-painting ; the 
 colours were laid on hot. His words are, — " En- 
 causto pingendi duo fuisse antiquitus genera con- 
 stat, cera, et in ebore, cestro id est viriculo, donee 
 classes pingi coepere. Hoc tertium accessit, reso- 
 lutis igni ceris penicillo utendi, quae pictura in 
 navibus nec sole nec sale ventisque cornimpitur." 
 (xxxv. 41.) This passage, from its conciseness, 
 presents many difKculties. " Cera, cestro," that 
 is, in wax with the cestrum ; this was the method 
 of Pausias : " in ebore, cestro ;" this must have 
 been a species of drawing with a hot point, upon 
 ivoiy, for it was, as is distinctly said, without wax, 
 " cera, et in ebore." The third method, " resolutis 
 igni ceris penicillo utendi," tliough first employed 
 on ships, was not necessarily confined to ship- 
 painting ; and if the assertion of Pliny is coriect, 
 it must have been a very different style of painting 
 from the ship-colouring of Homer, since he says it 
 was of a later date than the preceding methods. 
 The " inceramenta navium" of Livy, and the KTipo- 
 ypacpta of Athenaeus, mentioned above, may have 
 been executed in this third method of Pliny ; the 
 use of the cauterium, or process of birrning in, is- 
 here not alluded to, but since he defined encaustic to 
 be " ceris pingere ac picturam inurere" (xxxv. 3!)), 
 its emplojTiient may be understood in this case also. 
 It is difhcult, however, to understand what effect the 
 action of the cauterium could have in the second 
 method {in chore, cestro), which was without wax. 
 It would appear, therefore, tliat the definition al- 
 luded to is the explanation of the first mentioned 
 method only ; and it is probable that the ancient 
 methods of painting in encaustic were not only 
 three, but several ; the Kavms of Vitruvius, men- 
 tioned also by himself, is a fourth, and the various 
 modes of ship painting add others to the number. 
 Pliny (xvi. 23) himself speaks of " zopissa," a 
 composition of wax and pitch, which was scraped 
 
686 
 
 PAINTING. 
 
 PAINTING. 
 
 from ships ; and it is difficult to suppose that the 
 higher class of encaustic was practised with the 
 ccstnun only, since tlie pencil is such an infinitely 
 more efficient instrument for the proper mixing 
 and application of colours. (KepdaaaBai to xP""" 
 /tOTO, KoievKaipov iroie'tadai Trjv linSoX-Ziv avTwu, 
 Lucian, Inuy. 7. vol. ii. p. 4G.5. n.) The wax 
 painting on the fictile vases, mentioned by Athen- 
 aeus (v. p. 200. (i), can have been scarcely exe- 
 cuted with the ccstrum ; and it is also unlikely 
 that it was done with hot colours, as the painting 
 of the " figUnum opus" mentioned by Plin}' (xxxvi. 
 64 ) may have lieen. But as there were various 
 methods of painting in encaustic, it follows that 
 the colours designed for this species of painting 
 were also variously prepared, and those which 
 were suited for one stj'le may have been quite un- 
 fit for another. All these stj'lcs, however, are 
 comparatively simple, compared with that of Pau- 
 sias, in wax with the cestnmi, " cera, cestro ;" and 
 it is difficult for a modem practitioner to under- 
 st;md how a large and valuable picture could be 
 produced by such a method ; unless these colours 
 or ccrae, which painters of this class, according to 
 Varro (L c), kept in partitioned boxes, were a 
 species of wax crayons, which were worked upon 
 the panel with the broad end of the cestnim 
 (which may have had a rough edge) within an out- 
 line or monogram, previously drawn or cut in, with 
 the pointed end, and were afterwards fixed, and 
 toned or blended by tlie action of the cauterium. 
 Painters were in the habit of inscribing the word 
 4viKau(Tev, " burnt it in," upon pictures executed 
 in encaustic, as 'Nimas tviKavatu, AvcriiTnos eVe- 
 Kavnev. (Plin. xxxv. 10. 39.) 
 
 VIII. Poh/clirnmy. The practice of varnishing 
 and polishing marble statues has been already inci- 
 dentally noticed. The custom was very general ; 
 ancient statues were also often painted, and what 
 is now termed polychrome sculpture was very com- 
 mon in Greece, for the acrolithic and the chrj's- 
 elephantine statues were both of this description. 
 Many works of the latter class, which were of ex- 
 traordinary magnificence and costliness, are de- 
 scribed by Pausanias. The tenn polychromy, thus 
 applied, was apparently unknown to the ancients ; 
 this species of painting is called by Plutarch 
 {Dc Glor. Aihen. (!) ayaXixaruiv iyKavuis, and ap- 
 pears to have been executed by a distinct class of 
 artists {dyaXfidruv eyKavuTcCl). They are men- 
 tioned also b\' Plato {Dc Rejmhl. iv. 420. c), ol 
 avSpiivras ypd<povTes : and if it is certain that 
 Plato here alludes to painting statues, it is clear 
 that they were occasionally entirely painted, in 
 exact imitation of nature ; for he expressly re- 
 marks, that it is not by applying a rich or beautiful 
 colour to any particular part, but by giving its 
 local colour to each part, that the whole is made 
 beautiful (o\\' aSpei d to Trpoa-t^KovTa eKdarois 
 OTToSiSrfvTey, to oKov Ka\6v Troiovfiev). That this 
 was, however, not a general practice, is evident 
 from the dialogue between Lycinus and Polystratus, 
 in Lucian {Iiitdfj.H — 8), where it is clearly, though 
 indirectly, stated, that the Venus of Cnidus by 
 Praxiteles, and other celebrated statues, were not 
 coloured, although they may have been ornamented 
 in parts and covered with an encaustic vamish. 
 
 The practice of colouring statues is undoubtedly 
 as ancient as the art of statuary itself; although 
 they were perhaps originally coloured more from a 
 love of colour than from any design of improving 
 
 the resemlilance of the representation. Tlie .lupiter 
 of the Capitol, placed by Tarquinius Priscus, was 
 coloured with minium. (Plin. xxxv. 45.) In later 
 times the custom seems to have been reduced to a 
 system, and was practised with more reserve. 
 Considerable attention also seems to have been 
 paid to the effect of the object as a work of art. 
 Praxiteles being asked which of his marble works 
 he most admired, answered, those which Nicias had 
 had a hand in, " quibus Nicias manum admovisset," 
 so much, says Pliny (xxxv. 40), did he attribute to 
 his circumLitio. Nicias, therefore, who painted in 
 encaustic, seems i/i /lis youth to have been an 
 dyaKij.drwv ry/cauCTTjs, or painter of statues, and 
 from the approval of Praxiteles,exceUed apparently 
 in this description of painting or colouring. 
 
 This view differs very materially from those 
 which have been hitherto advanced upon this sub- 
 ject, but it has not been adopted without mature 
 consideration. 
 
 In the " circumlitio" of Nicias, the naked form 
 was most probably merely varnished, the colouring 
 being applied only to the eyes, eyebrows, lips, and 
 htiir, to the draperies, and the various ornaments of 
 dress ; and there can be little doubt that fine 
 statues, especially of females, when carefully and 
 tastefully coloured in this way, must have been ex- 
 tremely beautiful ; the encaustic varnish upon the 
 white marble must have had very much the effect 
 of a pale transparent flesh. Gold was also abund- 
 antly employed upon ancient statues ; the hair of 
 the Venus de Medicis was gilded, and in some, glass 
 eyes and eyelashes of copper were inserted, examples 
 of which are still extant. 
 
 The practice also of colouring architecture seems 
 to have been imiversal amongst the Greeks, and 
 very general amongst the Romans. It is difficult 
 to define exactly what the S3'stem was, for there is 
 scarcely any notice of it in ancient writers ; a few 
 casual remarks in Vitruvius and Pausanias are all 
 we possess of any value. Our information is drawn 
 chiefly from the observations of modem travellers ; 
 for traces of colour have been found upon most of 
 the architectural ruins of Greece, and upon the 
 ancient monuments of Italy and Sicily ; but with 
 the exception of the Doric mins at Corinth and the 
 temple of Aegina, which are not of marble, the 
 colouring was confined to the mouldings and other 
 ornaments, the friezes, the metopes, and the tym- 
 pana of the pediments. The exterior of the wall 
 of the cella of the Aegina temple, and the columns 
 of the Corinthian ruins, were covered with stucco 
 and coloured red. It does not appear that the ex- 
 terior walls when of marble were ever coloured, 
 for no traces of colour have been found upon them. 
 At an early age, before the use of marble, when 
 the temples and public edifices were constracted 
 mostly of wood, the use of colour must have been 
 much more considerable and less systematic ; but 
 during the most refined ages, the colouring, other- 
 wise quite arbitrary, appears to have been strictly 
 confined to the ornamental parts. From the traces 
 found upon ancient monuments we are enabled to 
 fomi a very tolerable idea of the ancient system of 
 decorating mouldings. They were painted in va- 
 rious ways and in a great variety of colours, and a 
 tasteful combination of colours must have added 
 greatly to the cfi'ect of even the richest mouldings. 
 The ordinary decorations were foliage, ova, and 
 beads; but upon the largermouldingson which foliage 
 was jiaintcd, tiie outlines of the leaves were first 
 
PAINTING. 
 
 engraved in the stone. GiWino; and metal work 
 were also introduced, particularly in the Doric 
 order ; the architrave of the Parthenon at Athens 
 was decorated with gilded shields. Friezes that 
 were adorned with sculpture appear to have been 
 invariably coloured, as also the tympana of the 
 pediments ; in the Parthenon these parts were of a 
 pale blue, in some of the Sicilian monuments red 
 has been found. Some interior polychrome cornices 
 of Pompeii are given in the work of Zahn {Vie 
 nclwiiste/i Ornamente, <^r., pi. 91). 
 
 Ii! later times, amongst the Romans, the practice 
 of colouring buildings seems to have degenerated 
 into a mere taste for gaudy colours. Pliny and 
 Vitruvius both repeatedly deplore the corrupt taste 
 of their own times. Vitruvius (vii. 5) observes 
 that the decorations of the ancients were taste- 
 lessly laid aside, and that strong and gaudy colour- 
 ing and prodigal expense were substituted for the 
 beautiful effects produced by the skill of the ancient 
 artists. Pompeii, with much that is chaste and 
 beautiful, has many traces also of wliat Vitmvius 
 and Pliny complain of. Plate 99 of Zahn affords a 
 I t)eautiful specimen of the ancient wall-painting of 
 Pompeii, in courts and interiors. For a fm-ther 
 ;i( rount of this subject, see Kugler, " Ueber die 
 I'Mlvchromie der Griechischen Architectiu* und 
 Sculptur und ihre Greuzen," Berlin 1!)35. 
 
 IX. Vcusi- I'aintinff. The fictile- vase painting 
 of the Greeks was an art of itself, and was prac- 
 tis.'d by a distinct class of artists (Aristoph. EccL 
 !).').), 99(). Bekker), who must have required a 
 . peculiar instruction, and probably exercised their 
 art according to a prescribed system. It is, how- 
 1 ever, impossible to say anything positive regarding 
 the history of this branch of ancient painting, as 
 scarcely anything is known. The designs upon 
 these vases (which the Greeks termed Arj/cufloi) 
 have been variously intei-preted, but they have been 
 generally considered to be in some way connected 
 with the initiation into the Eleusinian and other 
 mysteries. (Lanzi, -De' Kasj Aidichi dijrin/i; 
 Cliristie, Dis(juisitions upon the pai/ifed Greek 
 Vases ; Bcittigor, Ideeri, ^-c.) They were given as 
 prizes to the victors at the Panathenaea and other 
 games, and seem to have been always buried with 
 their owners at their death, for they have been 
 discovered only in tombs. 
 
 Vase painting cannot be adduced to determine 
 
 PAINTING. 
 
 687 
 
 The words Ka\6s and KoA.jj, found frequently 
 upon the ancient vases, are explained to be simple 
 acclamations of praise or approval, supposed to be 
 addressed to the person to whom the vase was pre- 
 sented ; the words are frequently preceded or fol- 
 lowed by a name, evidently that of the person for 
 whom the vase was designed. The inscripticui 
 also 17 Traiy KaA.17 has been found on some vases, 
 which have probably been designed as presents for 
 young females. D'llancarville {Cullection 0/ Vases, 
 cje. Introd.) supposes that vase painting had en- 
 tirely ceased about the time of the destruction of 
 Corinth, and that the art of manufacturing vases 
 began to decline towards the reign of Trajan, and 
 arrived at its hist period about the time of the Anto- 
 nines and Septimius Severas. Vase painting had 
 evidently ceased long before the tune of Pliny, for 
 in his time the painted vases were of immense 
 value and were much sought after ; but the manu- 
 facture of the vases themselves appears to have been 
 still extensive, for he himself mentions sixteen 
 celebrated potteries of his own time, eight in Italy 
 and six elsewhere. The vases, however, appear to 
 have been merely remarkable for the fineness or 
 durability of the clay and the elegance of their 
 shapes, (xxxv. 46.) For the composition of the 
 cla}', with which these fictilia were made, see 
 Fictile. 
 
 Even in the time of the empire painted vases 
 were tenned " operis antiqui," and were then 
 sought for in the ancient tombs of Campania and 
 other parts of Magna Graecia. Suetonius [Jul. 
 Cues. 81) mentions the discovery of some vases of 
 this description in the time of .Julius Caesar, in 
 clearing away some very ancient tombs at Capua. 
 It is also remarkable that not a single painted 
 vase has been yet discovered in either Pompeii, 
 Ilerculaneum, or Stabiae, which is of itself alnmst 
 sufficient to prove that vase painting was not 
 practised, and also that painted vas<:s were ex- 
 tremely scarce. We may form some idea of their 
 immense value from the statement of Pliny (xxxv. 
 40'), that they were more valuable than the 
 Murrhine vases. [Muriihina Vasa.] The paint- 
 ings on the vases, considered as works of art, vary 
 exceedingly in the detail of the execution, although 
 in style of design they may be arranged in two 
 principal classes, the black and the yellow ; for 
 those which do not come strictly under either of 
 the general nature or chm'acter of ancient painting ' these heads, are either too few or vary too slightly 
 as a liberal or imitative art ; though the rude de- j to re(iuire a distinct classification. The majority 
 ^i^ns upon the vases throw considerable light upon of the vases tliat have been as yet discovered have 
 the progressive development of the art, as relates been found, in ancient tombs, about Capua and 
 to style of design, and in some degree upon the i Nola. 
 
 principles of Grecian composition of the early times ; | The black vases, or those with the black figures 
 but their chief interest and value consist in the ! upon the stained reddish-yellow terra cotta, the 
 faithful pictures they afford of the traditions, cus- ] best of which were found at Nola, are the most 
 toms, and habits of the ancients. ] ancient, and their illustrations consist principally 
 
 The ancient vase-painters were probably attach- ■ of representations IVoia the early mythological tra- 
 ed to the potteries, or the establishments in which ditiims ; but the style of these vases was some- 
 tlie vases were made ; or themselves constituted times imitated by later artists. (Plate 56, vol. iv. 
 distinct bodies, which from the general similarity | of D'llancarville is an example.) The inferior cx- 
 of style and execution of the designs upon the amples of this class have some of them traces of the 
 \ases, is not improbable. They do not seem to graphis or ccstrum upon them, which appear to 
 
 have been held in any esteem, for their names have 
 not been preserved by any ancient writer; and we 
 only know the names of four, from their being in- 
 scribed upon the vases themselves, viz. Taleides, 
 Assteas, Lasimos, and Calliphon. (Millin, Pciii- 
 iiii-es i/e Vases Antiijiics, vol. i. pi. 3. pi. 44, vol. ii. 
 pi. 37. pi. O'l ; MilUngcn, Anc.Uned.Mon. pi. 27.) 
 
 have been made when the clay was still soft ; some 
 also have lines or scratches upon the figures, which 
 have been added when the painting was completed. 
 The style of the design of these black figures, or 
 skiagrams, is what has been termed the I'lgyptian 
 or Daedalian style. The varieties in this style 
 are, occasionally a purple tint instead of the black ; 
 
C88 
 
 PAINTING. 
 
 PAINTING. 
 
 or the addition of a red sash, or a white vest, and 
 sometimes a white face and white hands and 
 feet. A curious and interesting example of tliis 
 kind of polj'chroni, in black, red, and white, was 
 discovered near Athens in 1813, representing on 
 one side a Minerva with a spear and shield, in tlie 
 Daedalian style ; and on the reverse, in a some- 
 what better style, a young man driving a biga 
 of most ancient constniction ; it is supposed to 
 represent Erichthonius. Near the Minerva is 
 the following inscription, written from right to 
 left: TON A0ENEON A0AON EMI, rav 'ABt]- 
 veoiv d6\ov elft'i, "• I am the prize of the Athe- 
 naea" (Panathenaea). It is supposed to be of 
 the time of Solon. (Millingen, Anc. Utied. Mon. 
 pi. 1.) 
 
 The vases with the yellow monograms, or rather 
 the black monograms upon the j-ellow grounds, 
 constitute the mass of ancient vases. Their illus- 
 trations are executed with various degrees of merit: 
 those of inferior execution, also of this class, have 
 traces of the graphis upon them, which appear to 
 have been drawn upon the soft clay ; the only 
 colour upon these, independent of that of the clay, 
 is the dark back-ground, generally black, which 
 renders the figures very prominent. The designs 
 upon the better vases are also merely monograms, 
 with the usual dark back-grounds, but there is a 
 very great difference between the execution of 
 these and that of those just alluded to ; there are 
 no traces whatever of the graphis upon them, their 
 outlines are drawn with the hair pencil, in colour, 
 similar to that of the back-ground, which is a 
 species of black varnish, probably asphaltum ; or 
 perhaps rather prepared with the gagates lapis 
 (jet?) (7070x7)5) of Pliny, for he remarks that it 
 is indeliWe when used on this kind of earthenware, 
 (xxxvi. 34.) 
 
 The best of these vases, which probably belong 
 to about the time of Alexander, are conspicuous 
 for a very correct style of design, although they 
 are invariably carelessly executed, especially in the 
 extremities, but exhibit at the same time a surpiis- 
 iiig facility of hand. The celebrated vase of Sir 
 W. Hamilton's collection, now in the British Mu- 
 seum, the paintings of which represent Hercules 
 and his companions in the gardens of the Hespe- 
 rides, and the race of Atalanta and Hippomenes, 
 exhibits, for design, composition, and execution, 
 perhaps the finest specimen of ancient vase paint- 
 ing that has been yet discovered ; the style of design 
 is perfect, but the execution, though on the whole 
 Laborious, is in many parts very careless. (D'Han- 
 carville, plates 127, 128, 129, 130.) 
 
 There appears to be no example of the more 
 perfect monoehrom (see No. III. p. G81) upon an- 
 cient vases, and examples of the polychrom are very 
 rare. In Sir W. Hamilton's collection there are a 
 few examples in which various colours have been 
 added after the ordinary monogram has been com- 
 pleted, for they are not incoiporated with the vase, 
 as the black and ground tints are, but are subject 
 to scale and are easily rubbed olf. They consist of 
 white, red, yellow, and blue colours. These vases 
 are apparently of a later date than the above ; for 
 tlie style of design is very inferior. 
 
 The Museums of Naples, Paris, London, and 
 other cities allord abundant examples of these an- 
 cient vases ; the Museo Borbonico at Najiles 
 contains alone upwards of 2500 specimens. The 
 sidijects of the illustrations arc almost always con- 
 
 nected with ancient mythology, and the execution 
 is generally inferior to the composition. 
 
 No opinion of the style of the designs upon 
 ancient vases can be formed from the generality of 
 the great works purporting to illustrate them, which 
 have been published of late years. Very few are 
 at all accurate in the lines and proportions, especi- 
 ally of the extremities ; and in some, even the 
 composition is not faithfully imitated. This is 
 particularly the case with the splendid works pub- 
 lished by Dubois-Maissonneuve, Laborde, and some 
 others, in which the illustrations are drawn with a 
 care, precision, and unifonnity of character quite 
 foreign to the paintings on the vases. They all 
 appear to be drawn rather according to common 
 and perfect standards of the different styles, than 
 to be the fiiithful imitations of distinct original 
 designs. Plates 25 and 26 of the first volume of 
 Maissonneuve, purporting to be faithful imitations 
 of the design upon the celebrated Nola vase, 
 (in the Museum at Naples, No. 184(),) repre- 
 senting a scene from the destruction of Troy, bear 
 but little resemblance to the original. This remark 
 is applicable also to the work of D'Hancarville and 
 other earlier productions, but in a less degree. 
 Perhaps the work which illustrates most faithfully 
 the style of the designs upon ancient vases, as far 
 as it goes, is that in course of publication by 
 Gerhard {Ausciiesene Griec/iisclie Vasetihildei; Ber- 
 lin 1831)). The specimens also of ancient paintings, 
 published by Raoul Hochette {Peintures Antiri>ics), 
 have every appearance of being faithful imitations 
 of the originals. 
 
 X. Remains of Ancient Painting. There is a 
 general prejudice against the opinion that the 
 painting of the Greeks equalled their sculpture ; 
 and tlie earlier discoveries of the remains of ancient 
 paintings at Pompeii and Herculaneum tended 
 rather to increase this prejudice than to correct it. 
 The style of the paintings discovered in these cities 
 was condemned both Ijy Phny and Vitruvius, and 
 yet almost every species of merit may be discovered 
 in them. What therefore must have been the pro- 
 ductions which the ancients themselves esteemed 
 their immortal works, and which singly were esti- 
 mated equal to the wealth of cities ? (Plin. xxxv. 
 32.) 
 
 These remains of Pompeii and Herculaneum in- 
 duced Sir Joshua Re3Tiolds to form a decided 
 opinion upon ancient painting. He remarks {Notes 
 to Frcsn. 37), " From the various ancient paint- 
 ings which have come down to us we may fonu a 
 judgment with tolerable accuracy of the excellencies 
 and the defects of the arts amongst the ancients. 
 There can l)e no doubt but that the same correct- 
 ness of design was required from the painter as 
 from the sculptor ; and if what has happened in 
 the case of sculpture, had likewise happened in re- 
 gard to their paintings, and we had the good 
 fortune to possess what the ancients themselves 
 esteemed their masterpieces, I have no doubt but 
 we should find their figures as correctly drawn as 
 the Laocoon, and probably coloured like Titian." 
 This opinion has been further confinned by later 
 discoveries at Pompeii ; especially by the great 
 mosaic of the C'asa del Fauno discovered in 1831, 
 supposed to represent the battle of Issus. {ISfumii; 
 No. XV.) But the beauty of ancient sculpture 
 alone is itself a powerful advocate in favour of this 
 opinion ; for when art has once attained such a 
 degree of excellence as the Greek sculpture evinces, 
 
PAINTING. 
 
 PAINTING. 
 
 G89 
 
 r it is evident that nothing mediocre or even inferior 
 could be tolerated. The principles, which guide 
 the practice of both arts, are in design and propor- 
 
 , tion the same ; and the style of design in painting 
 
 ^ cannot have been inferior to that of sculpture. 
 Several of the most celebrated ancient artists were 
 both sculptors and painters ; Phidias and Eu- 
 phranor were both ; Zeuxis and Protogenes were 
 both modellers ; Polygnotus devoted some atten- 
 tion to statuary ; and Lysippus consulted Eupora- 
 
 ';pus upon style in sculpture. The design of Phidias 
 and Euphranor in painting cannot have been in- 
 ferior in style to that of their sculpture ; nor can 
 Eupompus have been an inferior critic in his own 
 art than in that of Lysippus. We have besides the 
 testimony of nearly all the Greek and Roman 
 writers of every period, who in general speak more 
 frequently and in higher tenns of painting than of 
 sculpture. " Si quid generis istius modi me de- 
 lectat, pictura delectat," says Cicero {ad Fam. vii. 
 23). 
 
 The occasional errors in perspective, detected in 
 some of the architectural decorations in Pompeii, 
 have been assumed as evidence that the Greek 
 painters generally were deficient in perspective. 
 This conclusion by no means follows, and is entirely 
 confuted by the mosaic of the battle of Issus, in 
 which the perspective is admirable ; in many other 
 works also of minor importance the perspective has 
 
 I been carefully attended to. We know, moreover, 
 that the Greeks were acquainted with perspective 
 
 ! at a very early period ; for Vitruvius (vii. praef.) 
 
 ! says, that when Aeschylus was teaching tragedy 
 at Athens, Agatharcus made a scene, and left a 
 treatise upon it. By the assistance of this, Denio- 
 critus and Anaxagoras wrote upon the same sub- 
 ject, showing how the extension of rays from a 
 fixed point of sight should be made to correspond 
 to lines according to natural reason : so that the 
 images of buildings in painted scenes might have 
 the appearance of reality, and although painted 
 
 ' upon flat vertical surfaces, some parts should seem 
 to recede and others to come forward. This class 
 of painting was tenned scenography {(TKrii>oypa<pia) 
 by the Greeks, and appears to have been sometimes 
 practised by architects. CKsthenes of Eretria is 
 mentioned as architect and scenograph {(TKi]voypu- 
 <pos). (Diog. ii. 125.) Serapion, Eudorus, and 
 others, were celebrated as scene-painters. (Plin. 
 XXXV. 37. 40.) Scene-painting was perhaps not 
 generally practised until after the time of Aeschylus, 
 for Aristotle (Poet. 4) attributes its introduction to 
 Sophocles. 
 
 The most valuable and the most considerable of 
 ancient paintings, that have been yet discovered, 
 are : — The so-called Aldobrandini Marriage, Nozze 
 Aldobraudine, originally the property of the Aldo- 
 brandini family, which was found on the Esquiline 
 Mount during the pontificate of Clement VIII., 
 Ippolito Aldobrandini, and was placed by Pius 
 VII. in the Vatican ; this painting, which is on 
 stucco and contains ten rather small figures in three 
 groups, is a work of considerable merit in composi- 
 tion, drawing, and colour, and is executed with 
 I great freedom (Bijttiger and Meyer, Die Aldo- 
 ' hrandinkclie Ilockzeit, Dresden 1810) ; and the 
 following paintings of the Museo Borbonico at 
 Naples, which are conspicuous for freedom of exe- 
 cution and general technical excellence : the two 
 Nereids found in Stabiae, Nos. 561 and 562, Cat.; 
 I Telephus nourished by the roe, &c., from Hercu- 
 
 laneum. No. 495 ; Chiron and Achilles, also from 
 Herciilaneum, No. 730 ; Briseis delivered to the 
 heralds of Agamemnon, from Pompeii (Sir W. 
 Gell, Pompeiana, pi. 39 and 40), No. 684 ; and 
 the nine Funambuli or Rope-dancers, which are 
 executed with remarkable skill and facility. (Mus. 
 Borb., Ant. d'Ercol., and Zahn contain engravings 
 from these works ; for facsimiles of ancient paint- 
 ings, see " Recueil de Peintures antiques, imitees 
 fidelement pour les couleurs et pour le trait, 
 d'apres les desseins colories faits parP. S. Bartoli," 
 &c. Paris 1757, folio.) 
 
 XI. Period of Development. — Essential Style. 
 With Polygnotus of Thasos (b. c. 463) painting 
 was fully developed in all the essential principles 
 of imitation, and was established as an independent 
 art in practice. The works of Polygnotus were 
 conspicuous for expression, character, and design ; 
 the more minute discriminations of tone and local 
 colour, united with dramatic composition and effect, 
 were not accomplished until a later period. The 
 limited space of this article necessarily precludes 
 anything like a general notice of all the various 
 productions of Greek painters incidentally men- 
 tioned in ancient writers. With the exception, 
 therefore, of occasionally mentioning works of ex- 
 traordinary celebrity, the notices of the various 
 Greek painters of whom we have any satisfactory 
 knowledge will be restricted to those who, by the 
 quality or peculiar character of their works, have 
 contributed towards the establishment of any of 
 the various styles of painting practised by the an- 
 cients. 
 
 Polygnotus is frequently mentioned by ancient 
 writers, but the passages of most importance re- 
 lating to his style are in the Poctica of Aristotle 
 (c. 2 and 6) and the Imagines of Lucian (c. 7). 
 The notice in Pliny (xxxv. 35) is very cursory ; 
 he mentions hira amongst the many before Olymp. 
 90, from which time he dates the commencement of 
 his history, and simply states that he added much 
 to the art of painting, such as opening the mouth, 
 showing the teeth, improving the folds of draperies, 
 painting transparent vests for women, or giving 
 them various coloured head-dresses. Aristotle 
 speaks of the general character of the design and 
 expression of Polygnotus, Lucian of the colour ; in 
 which respects both writers award him the highest 
 praise. Aristotle (c. 2), speaking of imitation, 
 remarks that it must be either superior, inferior, or 
 equal to its model, which he illustrates by the cases 
 of three painters : " Polygnotus," he says, " paints 
 men better than they are, Pauson worse, and 
 Dionysius as they are." This passage alludes evi- 
 dently to the general quality of the design of 
 Polygnotus, which appeiirs to have been of an exr 
 alted and ideal character. In another passage (c. 
 6) he speaks of him as an ayaSos r\Qoyfa<pos, or 
 an excellent delineator of moral character and ex- 
 pression, and assigns him in this respect a com- 
 plete superiority over Zeuxis. From the passage 
 in Lucian, we may infer that Polygnotus, Euphra- 
 nor, Apelles, and Aetion, were the best colourists 
 among the ancients according to the general opinion 
 (apicTTOi iykvaVTo Kepdaacrdai to, xptu/xaTa, Kal eil- 
 Kaipov irote'ia'Bai Tr\v 4iri§o\r}v avTcHv'). He notices 
 also in the same passage the truth, the elegance, and 
 the flovving lightness of the draperies of Polygnotus. 
 
 Pausanias mentions several of the works of 
 Polygnotus, but the most important were his two 
 great paintings, or series of paintings, in the Lesche 
 
 2 Y 
 
690 
 
 PAINTING. 
 
 PAINTING. 
 
 of the temple of Apollo at Delphi, to a description 
 of which Pausanias devotes six chapters, (x. '25 — ■ 
 31.) On the right as you entered was the over- 
 throw of Troy, and the Greeks sailing to their 
 native land ; on the other side was painted the de- 
 scent of Ulysses to Hades, to consult the soul of 
 Tiresias concerning his safe return to his native 
 country. These paintings, in tlie composition of 
 which Polygnotus seems to have illustrated every 
 existing poem upon the subjects, were termed the 
 mad and Odyssey of Polygnotus. They excited 
 the wonder and admiration of Pausanias, although 
 they had been already painted six hundred years 
 when he saw them. Polj-gnotus has been tenned 
 the Michel Angelo of antiquity. From the method 
 adopted by Pausanias in describing these pictures, 
 their composition has been generally condemned. 
 It is, however, by no means certain that they were 
 not a series of pictures painted upon panels of wood, 
 and inserted into the wall, according to the ancient 
 practice ; but even supposing them to have been 
 distinct groups painted upon the walls themselves, 
 as they have been treated by the brothers Riepen- 
 hausen (^Peiiilures de Pohiynote a Ddplies dessiriees 
 el gravees d^aprh la dtscription de Pausanias), 
 their composition should not be hastily condemned. 
 
 The painting of the destruction of Troy (and the 
 other was similar in style) seems to have contained 
 three rows of figures, with the names of each written 
 near them, in distinct groups, covering the whole 
 ■vvall,each telling itsown story, but all contributing to 
 relate the tale of the destruction of Troj'. It is evident 
 from this description that we cannot decide upon 
 either the merits or the demerits of the composition, 
 from the principles of art which guide the rules of 
 composition of modem times. Neither perspective 
 nor composition, as a whole, are to be expected in 
 such works as these, for they did not constitute 
 single compositions, nor was any unity of time or 
 action aimed at ; they were painted histories, and 
 each group was no further connected with its con- 
 tiguous groups, than that they all tended to illus- 
 trate difi'erent facts of the same story. 
 
 The style of Polygnotus was strictly ethic, for 
 his whole art seems to have been employed in 
 illustrating the human character ; and that he did 
 it well, the surname of Ethograph ('H9o7pa<^os) 
 given to him by Aristotle and others sufficiently 
 testifies. His principles of imitation may be de- 
 fined to be those of individual representation inde- 
 pendently of any accidental combination of acces- 
 sories ; neither the picturesque, nor a general and 
 indiscriminate picture of nature, fonned any part 
 of the art of Polygnotus or of the period. Whatever, 
 therefore, was not absolutely necessarj' to illustrate 
 the principal object, was indicated merely by 
 symbol : two or three warriors represented an army; 
 a single hut, an encampment ; a ship, a fleet ; and 
 a single house, a city : and, generally, the laws of 
 basso-rUievo appear to have been the laws of 
 painting, and both were stiQ to a great extent sub- 
 servient to architecture. 
 
 The principal contemporaries of Poh'gnotus were 
 Dionysius of Colophon, Plistaenetus and Panaenus, 
 of Athens, brothers of Phidias, and Micon, also of 
 Athens. 
 
 Dionysius was apparently an excellent portrait- 
 painter, the Holbein of antiquity ; for besides the 
 testimony of Aristotle, quoted above, Plutarch 
 (Timol. 3G) remarks that the works of Dionysius 
 wanted neither force nor spirit, but that they had 
 
 the appearance of being too much laboured. Po- 
 lygnotus also painted portraits, for Plutarch (Ci'mon, 
 4) mentions that he painted his mistress Elpinice, 
 the sister of Cimon, as Laodicea, in a picture in the 
 IloiKiAr) (TTOo or Poecile at Athens, which received 
 its name from the paintings of Polygnotus, Micon, 
 Panaenus, and others, executed in the periods of 
 Cimon and Pericles ; this colonade was previously 
 called aroa neiaiavaKTLOS. (Plut. I. c.) What 
 these paintings were we learn from Pausanias (i. 
 13), viz. the battle of the Athenians and Spartans 
 at Oenoe ; the painter of this piece is not known, 
 but it was probably Plistaenetus, who is mentioned 
 by Plutarch {de Glor. Aiken. 2) as a famous battle- 
 painter ; the battle of Theseus and the Athenians 
 with the Amazons, by Micon (Plin. xxxv. 35) ; 
 the battle of Marathon, by Panaenus (Plin. xxxv. 
 34) ; and the rape of Cassandra, &e., by Polygno- 
 tus. (Plin. xxxv. 35.) These paintings, after 
 adorning the Poecile for about eight centuries, were 
 removed from Athens in the time of Arcadius. 
 (Synesius, Epist. 54 and 135.) Raoul Rochette 
 (p. 154) infers from this that they were upon 
 panels. 
 
 Panaenus is tenned by Strabo (viii. p. 354) the 
 nephew of Phidias : he assisted Phidias in decorat- 
 ing the statue and throne of the Olympian Jupiter. 
 Micon was particularly distinguished for the skill 
 with which he painted horses. Aelian {de Animat. 
 iv. 50) relates that he was once ridiculed by a 
 certain Simon, skilled in such matters, for having 
 painted eyelashes to the under eyelids of one of 
 his horses — a critical nicety scarcely to have been 
 expected in so early an age. 
 
 Prize contests also were already established, in 
 this early period, at Corinth and at Delphi. Pliny 
 (xxxv. 35) mentions that Panaenus was defeated 
 in one of these at the Pythian games, by Timagoras 
 of Chalcis, who himself celebrated his own victory 
 in verse. 
 
 The remarks of Quintilian {Inst. Orator, xii. 10) 
 respecting the style of this period are very curious 
 and interesting, although they do not accord en- 
 tirely with the testimonies from Greek writers 
 quoted above. He says, that notwithstanding the 
 simple colouring of Polygnotus, which was little 
 more than a rude foundation of what was after- 
 wards accomplished, there were those who even 
 preferred his style to the styles of the greatest 
 painters who succeeded him ; not, as Quintilian 
 thinks, without a certain degree of affectation. 
 
 XII. Estahtkhnetit of Painting. — Dramatic style. 
 In the succeeding generation, about 420 B. c, 
 through the efforts of Apollodoms of Athens and 
 Zeuxis of Heraclea, dramatic effect was added to 
 the essential style of Polygnotus, causing an epoch 
 in the art of painting, which henceforth compre- 
 hended a unity of sentiment and action, and the 
 imitation of the local and accidental appearances of 
 objects, combined with the historic and generic re- 
 presentations of Polygnotus. The contemporaries 
 of ApoUodoi-us and Zeuxis, and those who carried 
 out their principles, were, Parrhasius of Ephesus, 
 Eupompus of Sicyon, and Timanthes of Cythnus, 
 all painters of tlie greatest fame. Athens and 
 Sicyon were the principal seats of the art at this 
 period. 
 
 ApoUodorus, says Plutarch (rfe Glor. Athcn. 2), 
 invented tone {<p6opa,v Kal dTv6xp'>>c^>' c/aas), which 
 is well defined by Fuseli {Lec. 1) as " the element 
 of the ancient 'hpixoyri, that imperceptible trans- 
 
PAINTING. 
 
 PAINTING. 
 
 691 
 
 ' ition, which, without opacity, confusion, or hardness, 
 united local colour, demitint, shade, and reflexes." 
 This must, however, not be altogether denied to 
 the earlier painters ; for Plutarch himself ( Timol. 
 36) attributes the same property to the works of 
 Dionysius {irrxvv exovra koX tovov), though in a 
 less degree. The distinction is, that what in the 
 works of Dionj'sius was really merely a gradation 
 of lii/ht and shade, or gradual diminution of light, 
 . was in those of Apollodorus a gradation also of 
 ' tints, the tint gi'adually changing according to the 
 . degree of light. The former was termed tovos, the 
 ' latter dp/xoyi^ ; but the English term tone, when ap- 
 ! plied to a coloured picture, comprehends both ; it is 
 
 ■ equivalent to the " splendor" of Pliny. (,xxxv. 11.) 
 
 Apollodorus first painted men and things as they 
 
 ■ really appeared ; this is what Pliny (xxxv. 36) 
 f means by " Hie primus species exprimere insti- 
 
 ■ tuit." The rich effect of the combination of light 
 and shade with colour is also clearly expressed in 
 
 ■ the words which follow : " primusque gloriam 
 pcnicillo jure contulit also, " neque ante eum 
 
 ' tabula uUius ostenditur, quae teneat oculos," We 
 may almost imagine the works of a Rembrandt to 
 be spoken of ; his pictures rivetted the eye. 
 Through this striking quality of his works, he was 
 surnamed the shadower, aKiaypoKpos. (Hesychius, 
 s. i:) He was in the habit of writing upon his 
 
 ' works, " it is easier to find fault than to imitate," 
 
 f fiwfj.-ij(Terai tis /xaKKov rj ni/xi^aeTai (Plut. de Glor. 
 
 ; Atlien. 2), which Pliny (/. f.) relates of Zeuxis. 
 Zeuxis combined a certain degree of ideal form 
 with the rich effect of Apollodorus. Quintilian 
 {1. c.) says that he followed Homer, and was 
 
 ' pleased with powerful forms even in women. 
 
 ' Cicero {Brut. 18) also praises his design. Zeuxis 
 
 ' painted many celebrated works, but the Helen of 
 Croton, which was painted from five of the most 
 
 ' beautiful virgins in the city, was the most renown- 
 ed, and under which he inscribed three verses (156 
 — 158) in the third book of the Iliad. ( Valer. Max. 
 iii. 7. § 3 ; Cic. de Invent, ii. 1 ; Aelian, F.//. iv. 
 12, &c.) Stobaeus {Serm. 61) relates an anecdote 
 of the painter Nicomachus and this Helen, where 
 
 ' the painter is reported to have observed to one 
 who did not understand why the picture was so 
 much admired, " Take my eyes and you will see 
 a goddess." We learn from another anecdote, 
 recorded by. Plutarch (^Pericl. 13), that Zeuxis 
 painted very slowly. 
 
 Parrhasius is spoken of by ancient writers in 
 terms of the very highest praise. He appears to 
 have combined the magic tone of Apollodorus, and 
 the exquisite design of Zeuxis, with the classic in- 
 
 ' vention and expression of Polygnotus ; and he so 
 circumscribed all the powers and ends of art, says 
 Quintilian (l. c), that he was called the " Legis- 
 lator." He was himself not less aware of his 
 abilit}', for he termed himself the prince of painters. 
 ('EXATjcoic TTpuTa (j)epovTa t^x^V^i Athen. xii. p. 
 543. c.) He was, says Pliny (xxxv. 36), the most 
 insolent and most arrogant of artists. (Compare 
 Athen. XV. p. 687. b.) 
 
 Timanthes of Cythnus or Sicyon, was distin- 
 guished for invention and expression ; the par- 
 ticular charm of his invention was, that he left 
 much to be supplied by the spectator's own fancy ; 
 and although his productions were always admir- 
 able works of art, still the execution was surpassed 
 by the invention. As an instance of the ingenuity 
 of his invention, Pliny (xxxv. 36. § 6) mentions a 
 
 sleeping Cyclops that he painted upon a small 
 panel, yet conveyed an idea of his gigantic form by 
 means of some small satyrs who were painted 
 measuring his thumb with a thyrsus. He was 
 celebrated also for a picture of the sacrifice of 
 Iphigenia. (See the admirable remarks of Fuseli 
 upon this picture. Lecture i.) Timanthes defeated 
 Parrhasius in a professional contest, in which the 
 subject was the combat of Ulysses and Ajax for tlie 
 arms of Achilles. (Aelian, /. c. ; Plin. /. c) 
 
 Eupompus of Sicyon was the founder of the 
 celebrated Sicyonian school of painting which was 
 afterwards established by Pamphilus. Such was 
 the influence of Eupompus's style, that he added a 
 third, the Sicj-onic, to the only two distinct styles 
 of painting then recognized, the Helladic or Grecian 
 and the Asiatic, but subsequently to Eupompus 
 distinguished as the Attic and the Ionic ; which 
 with his own style, the Sicyonic, henceforth 
 constituted the three characteristic styles of Grecian 
 painting. (Plin. xxxv. 36. § 7.) We may judge, 
 from the advice which Eupompus gave Lysippus, 
 that the predominant characteristic of this style was 
 individuality ; for upon being consulted by Lysip- 
 pus whom of his predecessors he should imitate, he 
 is reported to have said, pointing to the surrounding 
 crowd, " Let nature be your model, not an artist." 
 (Plin. xxxiv. 19. § 6.) This celebrated maxim, 
 which eventually had so much influence upon the 
 arts of Greece, was the first professed deviation 
 from the principles of the generic style of Polygno- 
 tus and Phidias. 
 
 XIII. Period of Refinement. The art of this 
 period, which has been termed the Alexandrian, 
 because the most celebrated artists of this period 
 lived about the time of Alexander the Great, was 
 the last of progression or acquisition ; but it only 
 added variety of effect to the tones it could not im- 
 prove, and was principally characterised by the 
 diversity of the styles of so many contemporary 
 artists. The decadence of the art immediately 
 succeeded ; the necessary consequence, when, in- 
 stead of excellence, variety and originality became 
 the end of the artist. " Floruit circa Philippum, 
 et usque ad successores Alexandri," says Quinti- 
 lian {1. c), " pictura prajcipue, sed diversis virtuti- 
 bus ;" and he then enumerates some of the princi- 
 pal painters of this time, with the excellencies for 
 which each was distinguished. Protogenes was 
 distinguished for high finish ; Pamphilus and Me- 
 lanthius for composition ; Antiphilus for facility ; 
 Theon of Samos for his prolific fancy ; and for 
 grace Apelles was unrivalled ; Euphranor was in 
 all things excellent; Pausias and Nicias were re- 
 markable for chiaroscuro of various kinds; Nico- 
 machus was celebrated for a bold and rapid pencil ; 
 and his brother Aristides surpassed all in the depth 
 of expression. There were also other painters of 
 great celebrity during this period : Philoxenus of 
 Eretria, Asclepiodorus of Athens, Athenion of 
 Maronea, Echion, Cydias, Philochares, Theomnes- 
 tus, Pyreicus, (Sec. 
 
 This general revolution in the theories and 
 practice of painting appears to have been greatly 
 owing to the principles taught by Eupompus 
 at Sicyon. Pamphilus of Amphipolis succeeded 
 Eupompus in the school of Sicyon, which from 
 that time became the most celebrated school 
 of art in Greece. Pamphilus had the reputation 
 of being the most scientific artist of his time ; and 
 such was his authority, says Pliny (xxxv. 36), 
 
 2 Y 2 
 
692 PAINTING. 
 
 that cbiefly through his influence, first in Sicyon, 
 then throughout all Greece, noble youths were 
 taught the art of drawing before all others.* It 
 was considered amongst the first of liberal arts, 
 and was practised exclusively by the free-born, for 
 there was an especial edict, prohibiting slaves from 
 exercising it. The course of study in this school 
 occupied ten years, and the fee of admission was 
 an Attic talent : Pliny mentions that Apelles and 
 Melanthius both paid this fee. Apelles studied 
 under Ephorus of Ephesus, before he became the 
 pupil of Pamphilus : Pausias also studied encaustic 
 under Pamphilus. The course of study compre- 
 hended instruction in drawing, arithmetic, geome- 
 try, anatoni}', and painting in all its branches. 
 Pamphilus was the first painter, sa3's Pliny, who 
 was skilled in all the sciences, particularly arith- 
 metic and geometry, without which he denied that 
 art could be perfected. By these sciences as ap- 
 plied to painting, we must probably understand 
 those principles of proportion and motion which 
 can be reduced to rule : by arithmetic the system 
 of the construction and the proportions of the parts 
 of the human body ; by geometry, perspective and 
 the laws of motion, that is, so much of them as is 
 necessary to give a correct representation of and a 
 proper balance to the figure. Pamphilus seems to 
 have painted but few pictures, but they were all 
 conspicuous for beauty of composition. 
 
 Nicomachus of Thebes was, according to Pliny 
 (Z. c), the most rapid painter of his time ; but 
 he was as conspicuous for the force and power 
 of his pencil as for its rapidity; Plutarch {Timol. 
 36) compares his paintings with the verses of 
 Homer. Nicomachus had many scholars, of whom 
 Philoxenus of Eretria, was celebrated as a painter 
 of battles ; a battle of Alexander and Darius, 
 by him, is mentioned by Pliny (xxxv. 36) as one 
 of the most celebrated paintings of antiquity ; 
 but they were all surpassed by his own brother 
 Aristides, who appears to have been the greatest 
 master of expression among the Greeks. We must, 
 however, apply some modification to the expression 
 of Pliny (/. c), that Aristides first painted the 
 mind and expressed the feelings and ])assions of 
 man, since 1767), as it is explained l)y Pliny in this 
 passage, cannot be denied to Polygnotus, Apollo- 
 dorns, Parrhasius, Timanthes, and nianj' others. 
 
 The picture of Aristides, which represented an 
 infant at the breast of its wounded and dying 
 mother at the sack of a city, was one of the most 
 celebrated paintings of the ancients. It was re- 
 markable for the expression of the agony of the 
 mother lest the child should suck blood in- 
 stead of milk from her failing breast. It was sent 
 by Alexander to Pella. (Plin. /. r.) 
 
 The works of Aristides were in such repute that 
 Attains, king of Pergamus, gave a hundred talents 
 for only one of his pictures. This was nearly two 
 centuries after his death, but he also received great 
 prices himself. Pliny mentions that a certain 
 Mnason, tyrant of Elatea, paid liim for a battle of 
 the Persians in which were a hundred figtires 
 (most probably of a small size), at the rate of ten 
 
 * " Graphice, hoc est, pictura in buxo," that is, 
 drawing, in which the elementar}' process consist- 
 ed in drawing lines or outlines, with the graphis, 
 upon tablets of box ; the first exercise was probably 
 to draw a simple line. (rpaixfi-!\v eA/cutroi, Pollux, 
 vii. 128.) 
 
 PAINTING. I 
 
 minae for each figtu'e. The same prince, who api- i 
 pears to have been a great patron of the arts, gave 
 Asclepiodorus, for pictures of the twelve gods, 300 
 minae each : and he gave also to Theomnestus 
 (otherwise unknown) for every picture of a hero, 
 iOO minae. Asclepiodorus was a native of Athens; 
 he was celebrated for composition or grouping; 
 Plutarch {dc Glor. Aili£n. 2) classes him with 
 Euphranor and Nicias. 
 
 Pausias of Sicyon, painted in encaustic, with the 
 cestrum, and seems to have surpassed all others in 
 this method of painting; Pliny (xxxv. 40) terms 
 him " primus in hoc genere nobilis," from which it 
 would appear that he distinguished himself earlier 
 than either Euphranor or Nicias, who both excelled 
 in this style ; he was, however, the pupil of Pam- 
 philus, and the contemporary of Apelles. Pausias 
 was conspicuous for a bold and powerful effect of 
 light and shade, which he enhanced by contrasts 
 and strong foreshortenings. A large picture, of a 
 sacrifice of a bidl, of this description, was very 
 celebrated ; he painted a black bull upon a light 
 ground ; the animal was powerfully foreshortened, 
 and its shadow was thrown upon a part of the sur- 
 rounding crowd, by which a remarkable eflect was 
 produced. (Plin. /. c) 
 
 Apelles was a native of Ephesus or of Colo- 
 phon (Suidas, s. ■!).), according to the general 
 testimony of Greek writers, although Pliny (/. c.) 
 terms him of Cos. Pliny asserts that he sur- 
 passed all who either preceded or succeeded him; 
 the quality, however, in which he surpassed 
 all other painters will scarcely bear a definition ; it 
 has been termed grace, elegance, beauty, X"/"^; 
 venustas. Fuseli (/^c. 1) defines the style of 
 Apelles thus : — " His great prerogative consisted 
 more in the unison than the extent of his powers ; 
 he knew better what he could do, what ought to 
 be done, at what point he could arrive, and what 
 lay beyond his reach, than any other artist. Grace 
 of conception and refinement of taste were his ele- 
 ments, and went hand in hand with grace of exe- 
 cution and taste in finish ; powerful and seldom, 
 possessed singly, irresistible when united." 
 
 The most celebrated work of Apelles was per- 
 haps his Venus Anadyomene, Venus rising out of 
 the waters. (^Propert. iii. 9. II.) 
 
 " In Veneris tabula summam sibi ponit Apelles." 
 The beautiful goddess was represented squeezing 
 the water with her fingers from her hair, and her 
 only veil was the silver shower which fell from her 
 shining locks. Ovid elegantly alludes to it in the 
 following lines (Trist. ii. 527): — 
 
 " Sic madidos siccat digitis Venus uda capillos, 
 Et modo maternis tecta videtur aquis." 
 So great, indeed, was the admiration of the ancients 
 for this picture, that, according to the same poet 
 {Art. A mat. iii. 401), Venus chiefly owed to it her 
 great reputation for beauty. 
 
 " Si Vcnerem Cous nunquam pinxisset Apelles, 
 Mersa sub aequoreis ilia lateret aquis." 
 Apelles excelled in portrait, and indeed all his 
 works appear to have been portraits in an extend- 
 ed sense ; for his pictures, both historical and alle- 
 gorical, consisted nearly all of single figures. He 
 enjoyed the exclusive privilege of painting the por- 
 traits of Alexander. (Hor. Ep. u. i. 239.) One 
 of these, which represented Alexander wielding 
 the thunderbolts of Jupiter, termed the Alexander 
 K(pavvo(p6pos, so pleased the monarch that he 
 ordered twenty talents of gold to be given to him. 
 
PAINTING. PAINTING. 693 
 
 Plutarch {Fort. Alex. Mag. 2, 3) says that this 
 picture was the origin of the saying, that there 
 were two Alexanders, the one of Philip, the invin- 
 cible, the other of Apelles, the inimitable. It ap- 
 pears to have been a masterpiece of etfect ; the 
 hand and lightning, says Plin)', seemed to start 
 fi'om the picture, and Plutarch [Alca:. 4) informs 
 us that the complexion was browner than Alex- 
 ander's, thus making a finer contrast with the tire 
 in his hand, which apparently constituted the light 
 of the picture. Pliny (/. c.) tells us that Apelles 
 glazed his pictures in a manner peculiar to himself, 
 and in which no one could imitate him. When his 
 works were finished he covered them with a dark 
 transparent varnish (most probably containing as- 
 phaltum), which had a remarkable eftect in har- 
 monizing and toning the colours, and in giving 
 brilliancy to the shadows. Sir J. Reynolds dis- 
 covered in this account of Pliny " an artist-like 
 ili'^cription of the effect of glazing or scumbling, 
 
 Mich as was practised by Titian and the rest of the ; he declined to sell to Ptolemy I. of Egypt, who 
 V e netian painters." {Notes to Fresn. 37.) There had oflfered 60 talents for it, and preferred pre- 
 a valuable though incidental remark in Cicero j senting to his native city, Athens, as he was then 
 {de Nat. Deor. i. -27), relating to the colouring of sufficiently wealthy. Nicias also painted some of 
 
 were apparently more divine, those of Euphranor 
 more human. We have examples of both these 
 styles in the Apollo and the Laococin, and in the 
 Meleager and the Gladiator, or the Antinous and 
 the Discobolus. It was to this distinction of style 
 which Euphranor apparently alluded, when he said 
 that the Theseus of Parrhasius had been fed upon 
 roses, but his own upon beef. (Plut. de Glor. Atlien. 
 2 ; Plin. /. c.) Euphranor painted in encaustic, 
 and executed many famous works; the principal 
 were a battle of Mantinea, and a picture of the 
 twelve gods. (Plin. /. c; Plut. I. c. ; Pans. i. 3; 
 Lucian, Imar/. 7 ; Valer. Max. viii. II. § 5; Eu- 
 stath. ad II. i. 529, &c.) 
 
 Nicias of Athens was celebrated for the delicacy 
 with which he painted females, and for the rich 
 tone of chiaroscuro Avhich distinguished his paint- 
 ings, lie also painted in encaustic. His most 
 celebrated work was the veKvia, or the region of 
 the shades, of Homev {7iccroma7itia Homeri), which 
 
 Apelles, where he says, that the tints of the Venus 
 Anadyomene were not blood, but a resemblance of 
 blood. The females, and the pictures generally, of 
 ApeUes, were most probably simple and unadorn- 
 ed ; their absolute merits, and not their ejfect, con- 
 stituting their chief attraction. Clemens Alexan- 
 drinus {Paedai/. ii. 12) has preserved a memorable 
 reproof of Apelles to one of his scliolars, who, in a 
 picture of Helen, had been lavish of ornament : — 
 " Youth, since you could not paint her beautiful, 
 you have made her rich." 
 
 Protogenes of Caunus, a contemporary of Apel- 
 les, was both statuary and painter ; he was re- 
 markable for the high finish of his works. Petro- 
 nius {Sat. 83) remarks that the excessive detail 
 and finish of the works of Protogenes, vieing with 
 nature itself, inspired him with a certain feeling of 
 horror (" non sine quodam liorrore tractavi "). His 
 most celebrated work was his figure of lalysus 
 with his dog ; Pliny {I. c.) and Plutarch {Demet. 
 22) both mention that Protogenes was occupied 
 seven years with this picture ; and Pliny says he 
 painted it over four times ("■ huic picturae quater 
 
 the marble statues of Praxiteles. (Plin. xxxv. 40 ; 
 Plut. Mor. Epieur. c. 11 ; see No. VIII.) 
 
 Athenion of Maronea, who painted also in en 
 caustic, was, according to Pliny {I. c), compared 
 with, and even preferred by some to Nicias ; he 
 was more austere in colouring, but in his austerity 
 more pleasing, and if he had not died young, says 
 Pliny, he would have surpassed all men in paint 
 ing. He appears to have looked upon colours as a 
 mere means, to have neglected pictorial effect, and, 
 retainiug individuality and much of the refinement 
 of design of his contemporaries, to have endeavour- 
 ed to combine them with the generic style of 
 Polygnotus and Phidias {nt in ipsa pictura eruditio 
 eluceat). His picture of a groom with a horse is 
 mentioned by Pliny as a remarkable painting. 
 
 Philochares, the brother of the orator Aeschines, 
 was also a painter of the greatest merit, according 
 to Pliny (xxxv. 10), although he is contemptuously 
 termed bj' Demosthenes ( Fats. Legal, p. 4 1 5. Reiske) 
 "a painter of perfume-pots and tambours" {a\a- 
 SaaT poBriKas Kol tvp.nava). 
 
 Echion also, of uncertain country, is mentioned 
 
 colorem induxit"): from which it would appear j by Cicero {Brut. 18) and Pliny (xxxv. 36) as a 
 that the way in which the ancients embodied their j famous painter. Pliny speaks of a picture of a 
 colours in then' pictures can have differed little, if bride by him as a noble painting, distinguished for 
 
 at all, from the manner practised by the majority 
 of the artists of the modern schools of painting. 
 The four times of Protogenes most probably were 
 the dead colouring, a first and a second painting, 
 and lastly, scumbling with glazing. Plutarch {I. e.) 
 says that when Apelles saw this picture, he was at 
 
 its expression of modesty. A great compliment is 
 also incidentally paid to the works of Ecfiion by 
 Cicero {Parad. v. 2), where he is apparently 
 ranked with Polycletus. 
 
 Theon of Samos was distinguished for what the 
 Greeks termed (pauracr'iai, according to Quintilian 
 
 first speechless with astonishment, but presently ! {I. c), who also ranks him with the painters of the 
 
 remarked, that it was a great and a wonderful 
 work, but that it was deficient in those graces for 
 which his own pictures were so famous. 
 
 Euphranor, the Isthmian, was celebrated equally 
 as painter and statuary ; he was, says Pliny (xxxv. 
 40), in all things excellent, and at all times equal 
 to himself. He was distinguished for a peculiarity 
 of style of design; he was fond of a muscular 
 limb, and adopted a more decided anatomical dis- 
 play generally, but he kept the body light, in pro- 
 portion to the head and limbs. Pliny says that 
 Euphranor first represented heroes with dignity. 
 Parrhasius was said to have estabHshed the canon 
 of art for heroes; but the heroes of Parrhasius 
 
 highest class. Pliny (xxxv. 40), however, classes 
 him with those of the second degree. Aelian gives 
 a spirited description of a young warrior painted 
 by Theon. {V. H. ii. 44.) 
 
 XIV. Deeline. The causes of the decline of 
 painting in Greece are very evident. The political 
 revolutions with which it was convulsed, and the 
 various dynastic changes which took place after the 
 death of Alexander, were perhaps the principal 
 obstacles to any important efforts of art ; the in- 
 telligent and higher classes of the population, upon 
 whom painters chiefly depend, being to a great ex- 
 tent engrossed by jiolitics or engaged in war. An- 
 other influential cause was, that the public build- 
 
 li 
 
694 
 
 PAINTING. 
 
 PAINTING. 
 
 ings were already rich in works of art, almost even 
 to the exhaustion of the national mythology and 
 history ; and the new nilers found the transfer of 
 works already renowned a more sure and a more 
 expeditious method of adorning their public halls 
 and palaces, than the more tardy and hazardous 
 alteniative of requiring original productions from 
 contemporary artists. 
 
 The consequence was, that the artists of those 
 times were under the necessity of trying other 
 fields of art ; of attracting attention by novelty and 
 variety: thus rhj-parographj- (pvirapoypaKpia), por- 
 nography, and all the lower classes of art, attained 
 the ascendancy and became the characteristic styles 
 of the period. Yet during the early part of this 
 period of decline, from about B. c. 300, until the 
 destruction of Corinth by Mummius, B. c. 146, 
 there were still several names which upheld the 
 ancient glory of Grecian painting, but subsequent 
 to the conquest of Greece by the Romans, what 
 was previously but a gradual and scarcely sensible 
 decline, then became a rapid and a total decay. 
 
 In the lower descriptions of painting which pre- 
 vailed in this period, Pyreicus was pre-eminent ; 
 he was temed Rhyparographos {pv!rapoypd(pos), 
 on account of the mean quality of his subjects. He 
 belonged to the class of genre-painters, or " peintres 
 du genre bas," as the French temi them. The 
 Greek pvvapo'ypa<p'ia therefore is, apparently equi- 
 valent to our expression, the Dutch style. Pyreicus, 
 says Pliny (xxxv. 37), painted barbers' shops and 
 coblers' stalls, shell-fish, eatables of all sorts, and 
 the like ; and although a humble walk, he excelled 
 so greatly that he obtained the liighest fame ; and 
 Jiis small pictures were more valuable than the 
 greatest works of many masters ; in execution few 
 surpassed him. 
 
 " Pyreicus* parva vindicat arte locum," 
 says Propertius (iii. 9. 12). Pornography, or 
 obscene painting, which, in the time of the Ro- 
 mans, was practised with the grossest licence 
 (Propert. ii. C ; Sueton. Til,. 43 ; and Vif. Hor.), 
 prevailed especially at no particular period in 
 Greece, but was apparently tolerated to a con- 
 siderable extent at all times. Parrhasius, Aristides, 
 Pausanias, Nicophanes, Chaerephanes, Arellius, 
 and a few other iropvoypd(poi are mentioned as 
 having made themselves notorious for this species 
 of licence. (Athen. xiii. p. 567. b ; Plut. de aud. 
 Poet. 3; Plin. xxxv. 37.) 
 
 Of the few painters who still maintained the 
 dignitj*of the dying art, the following may be men- 
 tioned : Mydon of Soli ; Nealces, Leontiscus, and 
 Tinianthes, of Sicyon ; Arcesilaus, Erigonus, and 
 Pasias, of uncertain country ; and Metrodonis of 
 Athens, equally eminent as painter and as philo- 
 sopher. The school of Sicyon, to which the ma- 
 jority of the distinguished painters of this period 
 belonged, is expressly mentioned by Plutarch 
 {Aral. 12) as the only one which still retained any 
 traces of the purity and the greatness of style of 
 the art of the renowned ages. It appears to have 
 been still active in the time of Aratus, about 250 
 B. c, who seems to have instilled some of his own 
 enterprising spirit into the artists of his time. 
 Aratus was a great lover of the arts, but this did 
 
 * Pyrekus is the emendation of Welcker {ad 
 PUlostr. 396) on the authority of Cod. Vat. i. iv. 
 With the common reading Parrhasius the line is 
 unintelhgible. 
 
 not hinder him from destroying the portraits of the 
 Tyrants of Sicyon ; one only, and that but par- 
 tially, was saved. (Plut. Arat. 13.) 
 
 It was already the fashion in this age to talk of 
 the inimitable works of the great masters ; and the 
 artists generaUy, instead of exerting themselves to 
 imitate the mastei'pieces of past ages, seem to have 
 been content to admire them. All works bearing 
 great names were of the very highest value, and 
 were sold at enormous prices. Plutarch mentions 
 that Aratus bought up some old pictures, but par- 
 ticularly tliose of Melanthus and Pamphilus, and 
 sent them as presents to Ptolemy III. of Egypt, 
 to conciliate his favour, and to induce him to join 
 the Achaean league. Ptolemy, who was a great 
 admirer of the arts, was gratified with these pre- 
 sents, and presented Aratuswith 1 50 talents in con- 
 sideration of them. (Plut. yl /'a/. 12.) These were, 
 however, by no means the first works of the great 
 painters of Greece, which had found their way into 
 Egypt. Ptolemy Soter had employed agents in 
 Greece to purchase the works of celebrated masters. 
 (Plut. Mor. Ejiicur. c. 11.) Athenaeus also (v. 
 p. 196. e.) expressly mentions the pictm'es of Si- 
 cyonian masters which contributed to add to the 
 pomp and display of the celebrated festival of 
 Ptolemy Philadelphus at Alexandria. 
 
 From the time of Alexander the spirit of the 
 Greeks animated Egyptian artists, who adopted 
 the standard of Grecian beauty in proportion and 
 character. Antiphilus, one of the most celebrated 
 painters of antiquity, was a native of Egypt, per- 
 haps of Naucratis, and appears to have lived at the 
 court of Ptolemy Soter. Many other Greek painters 
 also were establislied in Egypt, and both the popu- 
 lation and arts of Alexandria were more Greek 
 than Egyptian. (Quint, xii. 10; Plin. xxxv. 37 
 and 40; Athen. v. 196. seqq.) 
 
 Amongst the most remarkable productions of 
 this period were, the celebrated ship of Iliero II. 
 of Syracuse, which had Mosaic floors, in which 
 the whole history of the fall of Troy was worked 
 with admirable skill (Athen. v. 207- c), and the 
 immense ship of Ptoleni}' Philopator, on the prow 
 and stern of which were carved colossal figiires, 
 eighteen feet in height ; and the whole vessel, 
 both interior and exterior, was decorated with 
 painting of various descriptions. (Athen. v. 204. a.) 
 
 Nearly a century later than Aratus we have still 
 mention of two painters at Athens of more than 
 ordinary distinction, Heracleides a Macedonian, 
 and Metrodorus an Athenian. The names of 
 several painters, however, of these times are pre- 
 served in Pliny, but he notices them only in a 
 cursorj' manner. When Paulus Aemilius had con- 
 quered Perseus, b. c. 168, he commanded the 
 Athenians to send him their most distinguished 
 painter to perpetuate his triimiph, and their 
 most approved philosopher to educate his sons. 
 The Athenians selected Metrodorus the painter, 
 professing that he was pre-eminent in both 
 respects. Heracleides was a Macedonian, and 
 originally a ship-painter; he repaired to Athens 
 after the defeat of Perseus. (Plin. xxxv. 40.) Plu- 
 tarch in his description of the triumph of Paulus 
 Aemilius {in Vit. 32) says, that the paintings and 
 statues brought by him from Greece were so nume- 
 rous that they required 250 waggons to carry tiiem 
 in procession, and tliat the spectacle lasted the 
 entire day. P. Aemilius appears at all times to 
 have been a great admirer of the arts, for Plutarch 
 
PAINTING. 
 
 (in Vit. 6) mentions that after his first consulship 
 ( he took especial care to have liis sons educated in 
 I the arts of Greece, and amongst others in painting 
 ; and sculpture ; and that he accordingly entertained 
 I masters of tliose arts (TrAocrToi koI ^uypd<poi) in 
 > his family. From which it is evident that the 
 i migration of Greek artists to Rome had already 
 : commenced before the general spoliations of Greece. 
 ; Indeed Livy (xsxix. 22) expressly mentions, that 
 : nuiny artists came from Greece to Rome upon the 
 occasion of the ten days games appointed by Ful- 
 viii? Nobilior, B.C. 186. But Rome must have 
 had its Greek painters even before this time ; for 
 tlie picture of the feast of Gracchus's soldiers after 
 tlii- battle of Beneventum, consecrated by him in 
 the temple of Liberty on the Aventine, B. c. 213 
 (Liv. xxiv. 1()), was in all probability the work of 
 :i Greek artist. 
 
 The system adopted by the Romans of plunder- 
 , ing Greece of its works of art, reprobated by 
 ; Polybius (ix. 3), was not without a precedent. 
 I Tlic Carthaginians before them had plundered 
 [ all tlio coast towns of Sicily ; and the Persians, 
 and even the Macedonians, carried off all works 
 ol art as the lawful prize of conquest. (Diodor. 
 .■^ic. xiii. 90; Polyb. ix. 6. § 1 ; Liv. xxxi. 26; 
 Piin. xxxiv. 19; xxxv. 36.) The Roman con- 
 ■ querors, however, at first plundered with a cer- 
 . tain degree of moderation (Cic. in Verr. v. 4); as 
 1 MarccUus at Syracuse, and Fabius Maximus at 
 Tarentum, who carried away no more works of art 
 [ than were necessary to adorn their triumphs, or 
 decorate some of the public buildings. (Cic. t« Verr. 
 V. 52. seqq. ; Pint. Fat. Mujc. 22, Marcel. 30.) 
 The works of Greek art brought from Sicily by 
 Marcellus, were the first to inspire the Romans 
 with the desire of adorning their public edifices 
 with statues and paintings; which taste was con- 
 verted into a passion when they became acquainted 
 with the great treasures and almost inexhaustible 
 resources of Greece ; and their rapacity knew no 
 bounds. Plutarch says that Marcellus (in Vit. 21) 
 was accused of having corrupted the public morals 
 through the introduction of works of art into 
 Rome ; since from that period the people wasted 
 uuich of their time in disputing about arts and 
 artists. But Marcellus gloried in the fact, and 
 boasted even before Greeks, that he was the first 
 to teach the Romans to esteem and to admire the 
 exquisite productions of Greek art. We leani from 
 Livy (xxvi. 21) that one of the ornaments of the 
 triumph of Marcellus, 214 B. c, was a picture of 
 the capture of Syracuse. 
 
 These spoliations of Greece, of the Grecian king- 
 doms of Asia, and of Sicily, continued uninterrupt- 
 edly for about two centuries; yet, according to 
 Mucianus, says Pliny (xxxiv. 17), such was the 
 inconceivable wealth of Greece in works of art, that 
 Rhodes alone still contained upwards of 3000 
 statues, and that there could not have been less at 
 Athens, at Olympia, or at Delphi. The men who 
 contributed principally to fill the public edifices 
 and temples of Rome with the works of Grecian 
 art, were Cn. Manlius, Fulvius Nobilior, who plun- 
 dered the temples of Ambracia (Liv. xxxviii. 44), 
 Mummius, Sulla, LucuUus, Scaurus, and Verres. 
 (Liv. xxxix. 5, 6, 7 ; Plin. xxxiii. 53 ; xxxiv. 17 ; 
 xxxvii. 6.) 
 
 Mummius, after the destruction of Corinth, B. c. 
 146, carried off or destroyed more works of art 
 than all his predecessors put together. Some of his 
 
 PAINTING. 695 
 
 soldiers were found by Polybius playing at dice 
 upon the celebrated picture of Dionysus by Aristi- 
 des. (Strabo, viii. p. 381.) Manj' valuable works 
 I also were purchased upon this occasion by Attalus 
 ; III., and sent to Pergamum ; but they all found 
 their way to Rome on his death, B. c. 133, as he 
 bequeathed all his property to the Roman people. 
 (Plin. xxxiii. 53.) Scaurus in his aedileship, B. c. 
 58, had all the public pictures still remaining in 
 Sicyon transported to Rome on account of the debts 
 of the fomier citj% and he adonied the great tem- 
 porary theatre which he erected upon that occa- 
 sion with 3000 bronze statues. (Plin. xxxv. 40; 
 xxxvi. 24.) Verres ransacked Asia and Achaia, 
 and plundered almost every temple and public 
 edifice in Sicily of whatever was valuable in it. 
 Amongst the numerous robberies of Verres, Cicero 
 (in Verr. iv. 55) mentions particulai'ly twenty-seven 
 beautiful pictures taken from the temple of Mi- 
 nerva at Syracuse, consisting of portraits of the 
 kings and tjTants of Sicily. 
 
 F'rom the destruction of Corinth by Mummius, 
 and the spoliation of Athens by Sulla, the higher 
 branches of art, especially in painting, experienced 
 so sensible a decay in Greece, that only two pain- 
 ters are mentioned who can be classed with the 
 great masters of former times : Tiraomachus of 
 Byzantium, contemporary with Caesar (Plin. xxxv. 
 40, &c.), and Action, mentioned by Lucian (Imag. 
 7 ; Herod. 5), who lived apparently about the time 
 of Hadrian. (MUller, ylrcW. § 21 1. 1.) Yet 
 Rome was, about the end of the republic, full of 
 ])ainters, who appear, however, to have been chiefly 
 occupied in portrait, or decorative and arabesque 
 painting : painters must also have been very nu- 
 merous in Egypt and in Asia. Paintings of vari- 
 ous descriptions stiU continued to perform a con- 
 spicuous part in the triumphs of the Roman con- 
 querors. In the triumph of Pompey over Mithri- 
 dates the portraits of the children and family of 
 that monarch were carried in the procession (Ap- 
 pian, de Bell. Mithrid. 117); and in one of Caesar's 
 triumphs the portraits of his principal enemies in 
 the civil war were displayed, with the exception of 
 that of Pompey. (Id. dc Bell. Civil, ii. 101.) 
 
 The school of art at Rhodes appears to have been 
 the only one that had experienced no great change ; 
 for works of the highest class in sculpture were still 
 produced there. The course of painting seems to 
 have been much more capricious than that of sculp- 
 ture ; in which masterpieces, exhibiting various 
 beauties, appear to have been produced in nearly 
 every age from Phidias to Hadrian. A decided 
 decay in painting, on the other hand, is repeatedly 
 acknowledged in the later Greek and in the best 
 Roman writers. One of the causes of this decay 
 I may be that the highest excellence in painting re- 
 I quires the combination of a much greater variety of 
 qualities ; whereas invention and design, identical 
 in both arts, are the sole elements of sculpture. Pain- 
 ters also are addicted to the pernicious, though 
 lucrative, practice of dashing off or despatching 
 their works, from which sculptors, from the very 
 nature of their materials, are exempt : to paint 
 ([uickly was all that was required from some of the 
 Roman painters. (Juv. ix. 146.) Works in sculp- 
 ture also, through the durability of their material, 
 are more easily preserved than paintings, and they 
 serve therefore as models and incentives to the 
 ai'tists of after ages. Artists, therefore, who may 
 have had ability to excel in sculptm'e, would na- 
 
696 
 
 PAINTING. 
 
 PAINTING. 
 
 turally choose that art in preference to painting. It | 
 is only thus that we can account for the production 
 of such works as the Antinous, the Laocoon, the 
 Torso of ApoUonius, and many others of surpassing 
 excellence, at a period when the art of painting was 
 comparatively extinct, or at least principally prac- 
 tised as mere decorative colouring, sucli as the 
 majority of the paintings of Rome, Hei'culaneum, 
 and Pompeii, now extant ; though it must be re- 
 membered that these were the inferior works of an 
 inferior age. 
 
 XV. Roman Painthig. The early painting of 
 Italy and Magna Graecia has been already noticed, 
 and we know nothing of a Roman painting inde- 
 pendent of that of Greece, though Pliny (xxxv. 
 7) tells us that it was cultivated at an early 
 period by the Romans. The head of the noble 
 house of the Fabii received the surname of Pictor, 
 which remained in his family, through some paint- 
 ings which he executed in the temple of Salus at 
 Rome, B. c. 304, which lasted until the time of the 
 emperor Claudius, when they were destroyed by 
 the fire that consumed that temple. Pacuvius also 
 the tragic poet, and nephew of Ennius, distinguish- 
 ed himself by some paintings in the temple of Her- 
 cules in the Fonun Boarium, about 180 B. c. 
 Afterwards, says Pliny (I. c), painting was not 
 practised by polite liamls (Jionestis manibus) amongst 
 the Romans, except perhaps in the case of Turpi- 
 lius, a Roman knight of his own times, who exe- 
 cuted some beautiful works with his left hand at 
 Verona. Yet Quintus Pedius, nephew of Q. Pedius, 
 coheir of Caesar with Augustus, was instructed in 
 painting, and became a great proficient in the art, 
 though he died when young. Antistius Labeo also 
 amused himself with painting small pictures. 
 
 Julius Caesar, Agrippa, and Augustus were 
 among the earliest great patrons of artists. Sue- 
 tonius {Jul. Caes. 47) informs us that Caesar ex- 
 pended great sums in the purchase of pictures by 
 the old masters ; and Pliny (xxxv. 40) mentions 
 that he gave as much as 80 talents for two pictures 
 by his contemporary Timomachus of Byzantium, 
 one an Ajax, and the other a Medea meditating 
 the murder of her cliildrcn. These pictures, which 
 were painted in encaustic, were very celebrated 
 works; they are alluded to by Ovid {Irist. ii. 
 525), and are mentioned by many other ancient 
 writers. 
 
 There are two chcumstances connected with the 
 earlier history of painting in Rome which deserve 
 mention. One is recorded by Livy (xli. 28), who 
 infoims us that the Consul Tib. Sempronius Grac- 
 chus, dedicated in the temple of Mater Matuta, 
 upon his return from Sardinia, B. c. 174, a picture 
 of apparently a singular description ; it consisted of 
 a plan of the island of Sardinia, with representa- 
 tions of various battles he had fought there, painted 
 upon it. The other is mentioned by Pliny (xxxv. 
 7), who says that Lucius Hostilius Mancinus, B. c. 
 147, exposed to view in the forum a picture of the 
 taking of Carthage, in which he had perfonncd a 
 conspicuous part, and explained its various inci- 
 dents to the people. Whether these pictures were 
 the productions of Greek or of Roman artists is 
 doubtful ; nor have we any guide as to their rank 
 as works of art. 
 
 The Romans generally have not the slightest 
 claims to the merit of having promoted the fine 
 arts. We have seen that before the spoliations of 
 Greece and Sicily, the arts were held in no consi- 
 
 deration in Rome ; and even afterwards, until the 
 time of the emperors, painting and sculpture seem 
 to have been practised very rarely by Romans ; and 
 the works which were then produced were chiefly 
 characterised by their bad taste, being mere mili- 
 tary records and gaudy displays of colour, although 
 the city was crowded with the finest productions 
 of ancient Greece. 
 
 There are three distinct periods observable in the 
 history of painting in Rome. The first, or great 
 period of Graeco-Roman art, may be dated from 
 the conquest of Greece until the time of Augustus, 
 when the artists were chiefly Greeks. The second, 
 from the time of Augustus to the so-called thirty 
 Tyrants and Diocletian, or from the beginning of 
 the Christian era until about the latter end of the 
 third century ; during which time the great ma- 
 jority of Roman works of art were produced. The 
 third comprehends the state of the arts during the 
 exarchate ; when Rome, in consequence of the 
 foundation of Constantinople, and the changes it 
 involved, suffered similar spoliations to those which 
 it had previously inflicted upon Greece. This was 
 the period of the total decay of the imitative arts 
 amongst the ancients. 
 
 The establishment of Christianity, the division 
 of the empire, and the incursions of barbarians, 
 were the first great causes of the important revolu- 
 tion experienced by the imitative arts, and the sen- 
 ous check they received ; but it was reserved for 
 the fanatic fury of the iconoclasts effectually to de- 
 stroy all traces of their former splendour. 
 
 Of the first of these three periods sufiicient has 
 been already said ; of the second there remain still 
 a few observations to be made. About the begin- 
 ning of the second period is the earliest age in 
 which we have any notice of portrait painters 
 {imaffinicm pictores), as a distinct class. Plmy 
 mentions particidarly Dionysius and Sopolis, as the 
 most celebrated at about the time of Augustus, or 
 perhaps earlier, who filled picture galleries with 
 their works ; the former was sumamed the anthro- 
 pograph, because he painted nothing but men. 
 About the same age also Lala of Cyzicus was very 
 celebrated; she painted, however, chiefly female 
 portraits, but received greater prices than the other 
 two. (Plin. xxxv. 37. 40.) 
 
 Portraits must have been exceedingly numerous 
 amongst the Romans ; Varro made a collection of 
 the portraits of 700 eminent men. (Plin. xxxv. 2.) 
 The portraits or statues of men who had performed 
 any public service were placed in the temples and 
 other public places ; and several edicts were passed 
 by the emperors of Rome respecting the placing of 
 them. (Sueton. Tiber. 26 ; Calig. 34.) The por- 
 traits of authors also were placed in the public 
 libraries ; they were apparently fixed above the 
 cases which contained their writings, below which 
 chairs were placed for the convenience of readers. 
 (Cic. ml Attic, iv. 10; Sueton. Tiber. 70; Cidig. 
 34.) They were painted also at the beginning of 
 manuscripts. (Martial, xiv. 186.) Respecting the 
 imagines or wax portraits, which were preserved m 
 " armaria " in the atria of private houses (Plin. 
 xxxv. 2 ; Senec. de Benef. iii. 28), there is an in- 
 teresting account in Polybius. (vi. 53.) With the 
 exception of Action, as already mentioned, not a single 
 painter of this period rose to eminence : although 
 some were of course more distinguished than others; 
 as the profligate Arellius ; Fabullus, who painted 
 Nero's golden house ; Dorotheas, who copied for 
 
PAINTING. 
 
 I Nero the Venus Anadyomene of Apelles ; Corne- 
 lius Pinus, Accius Priscus, Marcus Ludius, Mal- 
 lius, and others. (Plin. xxxv. 37, &c.) Portrait, 
 decorative, and scene painting seem to have en- 
 grossed the art. Pliny and Vitruvius regret in 
 strong terms the deplorable state of painting in 
 their times, which vi'as but the commencement of 
 the decay ; Vitruvius has devoted an entire chapter 
 (vii. 5) to a lamentation over its fallen state; and 
 Pliny speaks of it as a dying art. (xxxv. 1 1.) The 
 latter writer instances (xxxv. 33) as a sign of the 
 madness of his time {t!Ostrac aclatis itminiam), the 
 colossal portrait of Nero, 120 feet high, which was 
 l>ainted upon canvass, a thing unknown till that 
 time. 
 
 Marcus Ludius, in the time of Augustus, became 
 very celebrated for his landscape decorations, which 
 were illustrated with figures actively employed in 
 occupations suited to the scenes ; which kind of 
 painting became universal after his time, and ap- 
 parently with every species of licence. Vitruvius 
 contrasts the state of decorative painting in his own 
 age with what it was formerly, and he enumerates 
 the various kinds of wall painting in use amongst 
 the ancients. They first imitated the arrangement 
 and varieties of slabs of marble, then the variegated 
 frames and cornices of panels, to which were after- 
 wards added architectural decorations ; and finally 
 in the exedrae were painted tragic, comic, or saty- 
 ric scenes, and in the long galleries and corridors, 
 various kinds of landscapes, or even subjects from 
 the poets and the higher walks of history. But 
 these things were in the time of Vitruvius taste- 
 lessly laid aside, and had given place to mere gaudy 
 display, or the most phantastic and wild concep- 
 tions, such as many of the paintings which have 
 been discovered in Pompeii. 
 
 Painting now came to be practised by slaves, 
 and painters as a body were held in little or no 
 esteem. Respecting the depraved application of 
 the arts at this period see Phn. xxxv. 33 ; Petron. 
 .Vk/. 88 ; Propert. ii. 6 ; Sueton. Tib. 43 ; Juven. 
 ix. 145 ; xii. 28. 
 
 Mosaic, or pictura de musivo, opv^ musivum, was 
 very general in Rome in the time of the early em- 
 perors. It was also common in Greece and Asia 
 Minor at an earlier period, but at the time of 
 which we are now treating it began to a great ex- 
 tent even to supersede painting. It was used 
 chiefly for floors, but walls and also ceilings were 
 sometimes ornamented in the same way. (Plin. 
 xxxvi. 60. 64 ; Athenaeus, xii. p. 542. d. ; Senec. 
 Ep. 86; Lucan, x. 116.) There were various 
 kinds of mosaic ; the litltostrota were distinct from 
 the picturae de musivo. There were several kinds 
 of the former, as the sectile, the tcssellaium, and the 
 vermiculatiim, which are all mechanical and orna- 
 mental styles, unapplicable to painting, as they 
 were worked in regular figures. As a general dis- 
 tinction between musivum and lithostrotum, it may 
 be observed that the picture itself was de musivo or 
 opus musii'um, and its frame, which was often very 
 large and beautiful, was lithostrotum. The former 
 was made of various coloured small cubes {tesserae 
 or iessellae), of different materials, and the latter of 
 small thin slabs, crustae, of various marbles, &c. ; 
 the artists were termed musivarii, and quadratarii 
 or tessellarii respectively. Pliny (xxxvi. 60) attri- 
 butes the origin of mosaic pavements to the Greeks. 
 He mentions the "asarotus oecus" at Pergamum, 
 by Sosus, the most celebrated of the Greek musi- 
 
 PALA. 
 
 697 
 
 varii, the pavement of which represented the rem- 
 nants of a supper. He mentions also at Perga- 
 mum the famous Cantharus with the doves, of 
 which the ' Doves of the capitol' is supposed to be a 
 copy. {Mus. Cap. iv. 69.) Another musivarius of 
 antiquity was Dioscoridcs of Samos, whose name 
 is found upon two mosaics of Pompeii. (Afus. 
 Bor/i. iv. 34.) Five others are mentioned by 
 Muller. (ArclMol. § 322. 4.) There are still 
 many great mosaics of the ancients extant. (See 
 the works of Ciampini, Furietti, and Laborde.) 
 The most interesting and most valuable is the one 
 lately discovered in Pompeii, which is supposed to 
 represent the battle of Issus. This mosaic is cer- 
 tainly one of the most valuable relics of ancient 
 art, and the design and composition of the work 
 are so superior to its execution, that the original 
 has evidently been the production of an age long 
 anterior to the degenerate period of the mosaic it- 
 self. The composition is simple, forcible, and beau- 
 tiful, and the design exhibits in many respects 
 merits of the highest order. (See Nicolini, Quadra 
 in musaico scoperto in Pompeii; Mazois, Pompii, 
 iv. 48 and 49 ; and Miiller, Denkmdler der alien 
 Kunst, i. 55.) [R. N. W.] 
 
 PALA (tttuov), a spade. (Cato de lie Ruxt. 10 ; 
 Plin. H. N. xvii. 17. s. 27 ; 22. s. 35.) The spade 
 was but little used in ancient husbandry, the 
 ground having been broken and turned over by 
 the plough, and also by the use of lai'ge hoes and 
 rakes. [LiGO ; Rastrum.] But in some cases a 
 broad cutting edge was necessary for this purpose, 
 as, for example, when the ground was full of the 
 roots of rushes or other plants. (Plin. H. N. xviii. 
 8.) Also in gardening it was an indispensable 
 instrument, and it was then made on the same 
 principle as the plough-share, viz. by casing its 
 extremity with iron. (Colum. x. 45.) The annexed 
 woodcut, taken from a fimereal monument at Rome 
 (Fabretti, Inscrip. Ant. p. 574), exhibits a deceased 
 countryman with his falx and bidens, and also 
 with a pala, modified by the addition of a strong 
 cross-bar, by the use of which he was enabled to 
 drive it nearly twice as deep into the ground as he 
 could have done without it. In this form the in- 
 
 strument was called hipalium, being employed in 
 trenching (pastinatio), or, when the ground was 
 
698 PALAESTRA. 
 
 nA'AH. 
 
 full of roots to a considerable depth, in loosening 
 them, turning them over, and extirpating them, so 
 as to prepare the soil for planting vines and other 
 trees. By means of this implement, which is still 
 used in Italy and called vam/a, the ground was 
 dug to the depth of two spades, or nearly two feet. 
 (Plin. H. N. xviii. 26. s. 62 ; Cato de Be Rust. 6. 
 45. 151 ; Varro de Be iif/s^. i. 37 ; Col. de Be Bust. 
 V. 6. p. 214 ; XI. 3. p. 450. ed. Bip.) 
 
 Cato (Ilnd. 11) mentions wooden spades {pahs 
 Uyneas) among the implements necessary to the 
 husbandman. One principal application of them 
 was in winnowing. The winnowing-shovel, also 
 called in Latin vcniilahrum, is still generally used 
 in Greece, and the mode of employing it is ex- 
 hibited by Stuart in his "Antiquities of Athens." 
 The com which has been threshed lies in a heap 
 upon the floor, and the labourer throws it to a dis- 
 tance with his shovel, whilst the wind, blowing 
 strongly across the direction in which it is thrown, 
 drives the chaff and refuse to one side. (Theocrit. 
 vii. 156 ; Matt. iii. 12; Luke, iii. 17.) The fruit of 
 leguminous plants was purified and adapted to be 
 used for food in the same manner. (Horn. II. v. 
 499—502 ; xiii. 588—592.) 
 
 The term jwa/a was applied anciently, as it is in 
 modem Italian, to the blade or broad part of an oar. 
 [Remus.] In a Ring the broad part, which held 
 the gem, was called by that name. [J. Y.] 
 
 PALAESTRA {-rraAa'.aTpa) properly means a 
 place for wrestling {■waAaieiv, iraAT)), and appears 
 to have originally formed a part of the gymnasium. 
 The word was, however, used in different senses at 
 various periods, and its exact meaning, especially 
 in relation to the g^'mnasium, has occasioned much 
 controversy among modem writers. It first occurs 
 in Herodotus (vi. 126. 128), who says that Clis- 
 thenes of Sicyon built a dromos and a palaestra, 
 both of which he calls by the general name of 
 palaestra. At Athens, however, there was a con- 
 siderable number of palaestrae, quite distinct from 
 the gymnasia, which were called by the names 
 either of their founders, or of the teachers who gave 
 instmction there ; thus, for example, we read of 
 the palaestra of Taureas. (Plat. Charmid. init.) 
 Krause [Gi/nwastUi imd Agonistik der Hellcnen, p. 
 117, &c.) contends that the palaestrae at Athens 
 were appropriated to the gj'ranastic exercises of 
 boys and youths (TraiSes and fiftpuKia), and the 
 gj'mnasia to those of men ; but Becker {ChariMes, 
 i. p. 31 1. 335, &c.) has shown that this cannot be 
 the tme distinction, although it appears that cer- 
 tain places were, for obvious reasons, appropriated 
 to the exclusive use of boys. (Aesch. c. Timarch. 
 p. 35. Reiske.) But that the boys exercised in 
 the gymnasia as well, is plain from many passages 
 (Antiph. dx Coed, invol. p. C61. Reiske ; ■nais 
 (ipalos dird yv^vaa'iov, Aristoph, Av. 138. 140); 
 whOe, on the other hand, we read of men visiting 
 the palaestrae. (Lucian, Navig. 4. vol. iii. p. 251. 
 Reitz.) 
 
 It appears most probable that the Palaestrae 
 were, during the flourishing times of the Greek re- 
 publics chiefly appropriated to the exercises of 
 wrestling and of the pancratium, and were princi- 
 pally intended for the athletae, who, it must be re- 
 collected, were persons that contended in the public 
 games, and therefore needed special training. This 
 is expressly stated by Plutarch {Symp. ii. 4), who 
 saj's, "that the place in which all the athletae ex- 
 ercise is called a palaestra ; " and we also learn 
 
 from Pausanias (v. 15. § 5 ; vi, 21. § 2), that ther 
 were at Olympia palaestrae especially devoted t 
 the athletae. In Athenaeus (x. p. 417. f) we reai 
 of the great athletes Damippus coming out of th' 
 palaestra ; and Galen (itepl tov Sid /xiKpas <r(palpa 
 yvfivaa-'iov, c. 5) places the athletae in the palaestra 
 (Krause, Ibid. p. 115.) 
 
 The Romans had originally no places correspond 
 ing to the Greek gymnasia and palaestrae ; am 
 when towards the close of the republic, wealth} 
 Romans, in imitation of the Greeks, began to built 
 places for exercise in their villas, they called then 
 indifferently gymnasia and palaestrae. {Cic. ad Ait 
 i. 4. 8, 9, 10; ad Qii. Fr. iii. 1. § 2 ; c. Verr. u 
 V. 72.) The words were tlius used by the Roman; 
 as synonymous ; and accordingly we find thai 
 Vitmvius (v. 11) gives a description of a Greei 
 gj'mnasium under the name of palaestra. 
 PALA'RIA. [Palus.] 
 PALATI'NI LUDI. [Ludi Palatini.] 
 nA'AH (ndKaiiTfia, TraXaicr/xocrui'Tj, or KaraSA?)- 
 T(/c?f, /ucta, luctaiio), wrestling. The word iraA?] 
 is sometimes used in a wider sense, embracing all 
 gymnastic exercises with the exception of dancing, 
 whence the schools of the athletae were called 
 palaestrae, that is, schools in which the iraAri in its 
 widest sense was taught. (Plat, de Leg. vii. p. 795 ; 
 Herod, ix. 33.) [Palaestra.] There are also 
 many passages in ancient writers in which ttoAt; 
 and vaXaUiv are used to designate any particular 
 species of athletic games besides wrestling, or a 
 combination of several games. (See Krause, p. 400. 
 note 2.) 
 
 The Greeks ascribed the invention of wrestUng 
 to mythical personages, such as Palaestra, the 
 daughter of Hennes (ApoUod. ii. 4. § 9), Antaeus 
 and Cercj'on (Plat, de Legg. vii. p. 796),Phorbas of 
 Athens, or Theseus. (Schol. ad Find. Nem. v. 49.) 
 Hermes, the god of all gjonnastic exercises, also 
 presided over the iraKi]. Theseus is said by Pau- 
 sanias (i. 39. § 3) to have been the first who re- 
 duced the game of wrestling to certain rules, and 
 to have thus raised it to the rank of an art ; where- 
 as before his time it was a rude fight, in which 
 bodily size and strength alone decided the victory. 
 The most celebrated wrestler in the heroic age was 
 Heracles. In the Homeric age wrestling was much 
 practised, and a beautiful description of a wrest- 
 ling match is given in the Iliad (xxiii. 710, &c. ; 
 compare Od. viii. 103. 126. 246 ; Hesiod,5«;i. Here. 
 302, where fidx^iv c'AKTjSocsignifies the ttoAt;). Dur- 
 ing this period wrestlers contended naked, and only 
 the loins were covered witli the irept^cofia {11. xxiii. 
 700), and this custom probably remained through- 
 out Greece until 01. 15, from which time the peri- 
 zoma was no longer used, and wrestlers fought en- 
 tirely naked. (Thucyd. i. 6, with the Schol. ; Paus. 
 i. 44. § I ; Dionys. Hal. vii. 72.) In the Homeric 
 age the custom of anointing the body for the pur- 
 pose of wrestling does not appear to have been 
 known, but in the time of Solon it was quite gene- 
 ral, and was said to have been adopted by the 
 Cretans and Lacedaemonians at a very early period. 
 (Thucyd. I. c; Plat, de Be FM. v. p. 452.) After 
 the body was anointed, it was strewed over with 
 sand or dust, in order to enable the wrestlers to 
 take a fimi hold of each other. At the festival of 
 the Sthenia in Argos the ■TraArj was accompanied by 
 flute-music. [SBE'NIA.] 
 
 When two athletae began their contest, each 
 might use a variety of means to seize his antagonist 
 
I nA'AH. 
 
 in the most advantageous manner, and to throw 
 him down without exposing himself (Ovid, Met. ix. 
 33, &c. ; Stat. T/ieh.vl 831, &c. ; Heliodor.^t'^/^jo/). 
 X. p. 235) ; but one of the great objects was to 
 make every attack with elegance and beauty, and 
 the fight was for this as well as for other purposes 
 regulated by certain laws. (Plat, de Lcgg. viii. p. 
 834; Cic. Orat. 68; Lucian, Anach. 24 ; Aolian. 
 . V. H. xi. 1.) Striking, for instance, was not 
 I allowed, but pushing an antagonist backward 
 I (w9i(7/<((i) was frequently resorted to. (Plut. Si/mp. 
 ii. 5; Lucian, Aiiac/i. 1. 24.) It is probably on 
 I account of the laws by which this game was regu- 
 1 lated, and the great art which it required in con- 
 I sequence, that Plutarch (Si/mp. ii. 4) calls it the 
 TexftKiuTaTov Koi TravovpyoTUTOV rcuv dBXTtiMTtav. 
 But notwithstanding these laws, wrestling admit- 
 ted of greater cunning and more tricks and strata- 
 gems than any other game, with the exception of 
 the pancratium (Xen. Cyrop. i. 6. § 32) ; and the 
 , Greeks had a great many technical terms to express 
 the various stratagems, positions, and attitudes in 
 which wrestlers might be placed. Numerous scenes 
 , of wrestlers are represented on ancient works of 
 j art. (Krause, i. p. 412, &c. ; see woodcut in Pan- 
 
 ( CRATIUM.) 
 
 The contest in wrestling was divided by the an- 
 
 , cients into two parts, viz., the TraArj dp6r) or dpQia 
 {dp8o(TraSr]v vaKaieiv), that is, the fight of the 
 athletae as long as they stood upright, and the 
 aKiv^T\<Tis or KvKiais {luda vobiiatoria), in which 
 
 J the athletae struggled with each other while lying 
 on the ground. Unless they contrived to rise again, 
 
 V the dK'ii/STia-is was the last stage of the contest, 
 which continued until one of them acknowledged 
 himself to be conquered. The iraA.ij dpflrf appears 
 
 , to have been the only one which was fought in the 
 times of Homer, as well as afterwards in the great 
 
 . national games of the Greeks ; and as soon as one 
 athlete fell, the other allowed him to rise and con- 
 
 , tinue the contest if he still felt inclined. (Plat, de 
 Lcgg. vii. p. 796 ; Com. Nep. Epam. 2 ; Lucian, 
 
 . Lexiph. 5.) But if the same athlete fell thrice, the 
 victory was decided, and he was not allowed to go 
 on. (Senec. de Benef. v. 3 ; Aeschyl. Agam. 171 ; 
 An/hol. Gr. torn. ii. p. 406. ed. Jacobs.) The 
 dA.i'i'5r)(ris was only fought in later times, at the 
 smaller games, and especially in the pancratium. 
 The place, where the wrestlers contended, was 
 generally soft ground, and covered with sand. (Xen. 
 
 , Attah. iv. 8. § 26 ; Lucuin, Auach. 2.) Efteminate 
 persons sometimes spread large and magnificent 
 carpets on the place where they wrestled. (Athen. 
 xii. p. 539.) Each of the various tribes of the 
 Greeks seems to have shown its peculiar and na- 
 tional character in the game of wrestling in some 
 particular trick or stratagem, by which it excelled 
 
 [ the others. 
 
 In a dietetic point of view the aAiVSijtrij was 
 
 , considered beneficial to the interior parts of the 
 body, the loins, and the lower parts in general, 
 but injurious to the head ; whereas the Trdht) dpSi^ 
 was beUeved to act beneficially upon the upper 
 parts of the body. It was owing to these salutary 
 effects that wrestling was practised in all the gym- 
 nasia as well as in the palaestrae, and that in 01. 
 37 wrestling for boys was introduced at the 
 OljTupic games, and soon after in the other 
 great games, and at Athens in the Eleusinia, and 
 Thesea also. (Pans. v. 8. § 3 ; iii. 11 § 6 ; Pind. 
 01. viii. 68 ; Gell. xv. 20 ; Plut. Symp. ii. .5.) The 
 
 PALILIA. 699 
 
 most renowned of all the Greek wrestlers in the 
 historical age was Milon of Croton, whose name 
 was known throughout the ancient world. (Herod. 
 
 iii. 137; Strab. vi. p. 262, &c. ; Diodor. xii. 9.) 
 Other distinguished wrestlers are enumerated by 
 Krause (p. 135, &c.), who has also given a very 
 minute account of the game of wi'estling and every 
 thing connected with it, in his Gymnastik und Agon, 
 </. //e//. p. 400— 439. [L. S.] 
 
 PALl'LIA, a festival celebrated at Rome every 
 year on the 21st of April, in honour of Pales, the 
 tutelary divinity of shepherds. Some of the ancient 
 writers called this festival Parilia, deriving the 
 name from pario, because sacrifices were offered on 
 that day /)ro/)artM/)ecor(s. (Fest.s.i'.P<efe; compare 
 Poptdaria sacra; Varro, de Ling. Lat. v. p. 55. 
 Bip. ; Dionys. i. p. 75. Sylburg.) The 21st of 
 April was the day on which, according to the 
 early traditions of Rome, Romidus had commenced 
 the building of the city, so that the festival was at 
 the same time solemnised as the dies natalitius of 
 Rome (Fest. s. v. Parilihvs; Cic. de Divin. ii. 47 ; 
 Varro, de Re Rust. ii. 1 ; Plin. //. N. xviii. 66); 
 and some of the rites customary in later times were 
 said to have been first performed by Romulus when 
 he fixed the pomoeriura. (Dionys. /. c.) Ovid (i^asi. 
 
 iv. 731, &c.) gives a description of the rites of the 
 Palilia, which clearly shows that he regarded it as 
 a shepherd-festival, such as it must originally liave 
 been when the Romans were real shepherds and 
 husbandmen, and as it must have continued to be 
 among countrypeople in his own time, as is ex- 
 pressly stated by Dionysius ; for in the city itself 
 it must have lost its original character, and have 
 been regarded only as the dies natalitius. The 
 connection, however, between these two characters 
 of the festival is manifest, as the founders of 
 the city were, as it were, the kings of shepherds, 
 and the founders of a religion suited to shepherds. 
 
 The first part of the solemnities, as described by 
 Ovid, was a public purification by fire and smoke. 
 The things burnt in order to produce this purify- 
 ing smoke were the blood of the October-horse, the 
 ashes of the calves sacrificed at the festival of Ceres, 
 and the shells of beans. The people were also 
 sprinkled with water, they washed their hands in 
 spring-water, and drank milk mixed with must. 
 (Ovid. Fast. I. c. ; compare Propert. iv. 1. 20.) As 
 regards the October-horse {equus October) it must be 
 observed that in early times no bloody sacrifice 
 was allowed to be offered at the Palilia, and the 
 blood of the October-horse, mentioned above, was 
 the blood which had dropped from the tail of the 
 horse sacrificed in the month of October to Mars 
 in the Campus Martins. This blood was preserved 
 by the vestal virgins in the temple of Vesta for the 
 purpose of being used at the Palilia. (Solin. p. 2. d; 
 Fest. s.v. October C(/utis ; ¥lut. Romul. 12.) When 
 towards the evening the shepherds had fed their 
 flocks, laurel-branches were used as brooms for 
 cleaning the stables, and for sprinkling water 
 through them, and lastly the stables were adonied 
 with laurel-boughs. Hereupon the shepherds burnt 
 sulphur, rosemary, fir- wood, and incense, and made 
 the smoke pass through the stables to purify them ; 
 the flocks themselves were likewise purified by this 
 smoke. The sacrifices which were offered on this 
 day consisted of cakes, millet, milk, and other kinds 
 of eatables. The sliepherds then offered a prayer 
 to Pales. After these solemn rites were over, the 
 cheerful part of the festival began : bonfires were 
 
700 
 
 PALLIUM. 
 
 PALLIUM. 
 
 made of heaps of hay and straw, and under the 
 sounds of cymbals and flutes the sheep were again 
 purified by being compelled to run three times 
 through the fire, and the shepherds themselves did 
 the same. The festival was concluded by a feast in 
 the open air, at which the people sat or lay upon 
 benches of turf, and drank plentifidly. (TibuU. ii. 
 5. 87, &c. ; compare Propert. iv. 4. 75.) 
 
 In the city of Rome the festival must, at least 
 in later times, have been celebrated in a different 
 manner; its character of a shepherd-festival was 
 forgotten, and it was merely looked upon as the 
 day on which Rome had been built, and was cele- 
 brated as such with great rejoicings. (Athen. viii. 
 p. 361.) In the reign of Caligula it was decreed 
 that the daj', on which this emperor had come to 
 the throne, should be celebrated under the name of 
 Palilia, as if the empire had been revived by him, 
 and had commenced its second existence. (Suet. 
 Calig. 16.) Athenaens {I. c.) says, that before his 
 time the name Palilia had been changed into Ro- 
 iiiana {'Pufj.aia). Whether this change of name 
 was occasioned by the decree in the reign of Cali- 
 gida just mentioned, is unknown. (Compare Har- 
 tung. Die Reliq. der Romer, ii. p. 150, &c.) [L. S.] 
 PALIMPSESTUS. [Liber.] 
 PALLA. [Pallium.] 
 nAAAAKH'. [CoNcuBiNA (Greek).] 
 PALLIA'TA FA'BULA. [Comoedia, p. 278.] 
 PA'LLIUM, dim. PALLIOLUM, jwoe*. PAL- 
 LA (Plant. Men. n. iii. 41 — 47 ; Ovid, Aynor. iii. 
 i. 12; ii. 25) { 'ifidTioi', dim. i/xaTtSiov ; Ion. and 
 poet, (papos), a blanket or whittle; a sheet ; a pall. 
 The English cloak; though commonly adopted as 
 the proper translation of these terms, conveys no 
 accui'ate conception of the form, material, or use of 
 that which they denoted. The article designated 
 by them was always a rectangular piece of cloth, 
 exactly, or at least nearly, square {rerpdyocva 
 tfidria, Posidonius ap. Athen. v. p. 213 ; quadran- 
 gulus, TertuU. de Pallio, 1). Hence it could easily 
 be divided without loss or waste eitherinto four parts 
 (John, xix. 23), or into twelve. (1 Kings, xi. 30.) 
 It was indeed used in the very form in which it 
 was taken from the loom [Tela], being made en- 
 tirely by the weaver (to ifidTiov vprivai, Plato, 
 Chana. p. 86. 98. ed. Ileindorf ; Hipp. Min. p. 
 210. ed. Bekker), mthout any aid from the tailor 
 except to repair {sarcire, aK€i(70ai) the injuries 
 which it sustained by time. Although it was 
 often ornamented, more especially among the 
 northern nations of Europe, with a fringe [Fim- 
 briae], yet this was commonly of the same piece 
 with the pall or blanket itself. Also whatever 
 additional richness and beauty it received from the 
 art of the dyer, was bestowed upon it before its 
 materials were woven into cloth or even spun into 
 thread. Most commonly it was used without 
 having undergone any process of this kind. The 
 raw material, such as wool, flax, or cotton, was 
 manufactured in its natural state, and hence 
 blankets and sheets were commonly white (Acu/ca 
 ifxdria, Artemidorus, ii. 3), although from the 
 same cause brown, drab, and grey were also pre- 
 vailing colours. The more splendid and elegant 
 tints were produced by the application of the 
 murex [muricata, concliyliata, purpurea., vestis ; 
 ■!rop<pvpovy, d\ovpyrj f/oaTia, Heraclides Pont, ap 
 A then. xii. p. 5 1 2), the kermes {cocdneus, kokkivov), 
 the argol (fucatus), and the saffron (erocciis, 
 KpoKuriv). [Crocota.] Pale green was also 
 
 worn {d/j.<j)dKivov, Pollux, Onom. vii. 56). Black 
 and grey pallia were either made from the wool of 
 black sheep (Theocrit. v. 98) or were the result of 
 the art of the dyer. They were worn in mourning 
 {n4\ava tfidrta, Xen. Hist. Qr. i. 7. § 8 ; Arte- 
 midor. /. c. ; fatav ea-8fjTa, Inscription in Fellows's 
 Journal, 1838, p. 31), and by sorceresses. (Hor. 
 Sat. I. viii. 23.) The pallium of one colour (iSiJ- 
 Xpoov iiidrwv, literally " the self-coloured blanket," 
 Artem. I. c.) was distinguished fi-om the variegated 
 (iroi/ciAoc) ; and of this hitter class the simplest 
 kinds were the striped {paSSwrSv, Xen. O/to/). viii. 
 3. §8), in which the effect was produced by insert- 
 .ing alternately a woof of different colours, and the 
 check or plaid {scutulatum, tesselalum), in which 
 the same colours were made to alternate in the 
 warp also. Zeuxis, the painter, exhibited at the 
 Olympic games a plaid having his name woven in 
 the squares [tesserae, irKivdia) in golden letters. 
 (Plin. //. iV. xxxv. 9. s. 36. 2.) An endless va- 
 riety was produced by interweaving sprigs or 
 flowers in the woof {avdecri ireiroiKiKfiii'OV, Plato, 
 Repidil. viii. p. 401. ed. Bekker). By the same 
 process carried to a higher degree of complexity 
 and refinement, whole figures and even historical 
 or mythological subjects were introduced, and in 
 this state of advancement the weaving of pallia was 
 the elegant and worthy employment of females of 
 the first distinction (Hom. //."iii. 125 — 128 ; xxii. 
 440, 441), and of Minerva, the inventress of the 
 art, herself. (Apollon. Rhod. i. 721—768.) The 
 greatest splendour was imparted by the use of gold 
 thread. (Virg. Acn. iv. 262—264; Plin. H. N. 
 viii. 48; xxxiii. 19; Anson. Epig. 'hi ; Themist 
 Oral. 21 ; Q. Curt. iii. 3. 17.) Homer represents 
 Penelope weaving a purple blanket for Ulysses, 
 which also displayed a beautiful hunting-piece 
 wrought in gold. (Od. xix. 225—235.) The 
 epithet SiVAa^, which is commonly applied by the 
 poets to these figured palls, probably denoted 
 that they were made on the principle of a 
 quilt or a Scotch carpet, in which two cloths of 
 different colours are so interlaced as to form one 
 double cloth, which displays a pattern of any kind 
 according to the fancy of the artist. 
 
 Although pallia were finished for use without 
 the intervention of the tailor, they were submitted 
 to the embroiderer(P/;ry(;io; iroiKiAT7)s,irAou^ag(ds: 
 Aesch. c. Timarch. p. 118. ed. Reiske ; Schol. ad 
 loc.) ; and still more commonly to the fuller [FuL- 
 Lo], who received them both when they were new 
 from the loom and when they were sullied through 
 use. Hence it was a recommendation of this arti- 
 cle of attire to be well-trodden {(vaTiirTov, Apol- 
 lon. Rhod. ii. 30) and well washed {eiiirKwh, 
 Hom. Od. viii. 42.5). The men who performed the 
 operation, are called ol irXvvfis, i. e. the washers, in 
 an inscription found in the stadium at Athens. 
 Another appellation which they bore, viz., oi ari- 
 Sets, the trcaders (Schol. in Apoll. Rhod. I. c), is 
 well illustrated by the woodcut, representing them 
 at their work, in p. 432. 
 
 Considering pallium and paUa, i/idTiov and 
 (pdpos, as generic terms, we find specific terms 
 included under them, and denoting distinctions 
 which depended on the materials of which the 
 cloth was made. Among the Greeks and Romans 
 by far the most common material was wool. 
 (Plant. Mil. iii. i. 93; Xen. Oecon. vii. 36; 
 Theocrit. c.) The blanket made of it {laneuni 
 pallium, Cic. de N. Dear. iii. 36), was called (from 
 
PALLIUM. 
 
 PALLIUM. 
 
 701 
 
 . the root of lana, wool), in Latin Laena, in Greek 
 : X^"'^'''' : and as the blanket varied, not only in 
 colour and ornament, but also in fineness, in close- 
 I ness of texture ilfuniuiv \67rTOT7)Toj, Aelian, V.H. 
 iv. 3), and in size, some of these differences were 
 expressed by the diminutives of x^o'""! such as 
 X^atviov, x^ff'S (Herod, iii. 139; Athcn. xii. pp. 
 545. a ; 541i. a; 553. a), X'^'"''^""' (Herod, i. 
 195, compared with Strabo, xvi. I. § 20; Plut. 
 Si/mp. Probl. vi. 6 ; Uionys. Ant. Rom. vii. 9), 
 XAoficTKioc (Aristoph. Acharn. 518; Aesch. c. 
 Timarch. p. 142 ; Alciphron, i. 38), and x^a>''<Tf'- 
 I Ziov. (Aristoph. Pa.r, 1002.) In like manner we 
 find the sheet not only designated hy epithets 
 added to the general tenns in order to denote that 
 it was made of flax, c. g. IfioiTiov Kivovv, 
 , V(6n\vTa (pdpfa (Orpheus, ile Lupid. 702), pulliiim 
 I li/ieum (Isid. Hisp. Orii/. xix. 25), but also dis- 
 . tinn;uished by the specific terms linteam, Hnieamen ; 
 siiiiddit (Mart. Epig. iv. 12); aivSdv (Herod, ii. 
 ; Mark, xiv. 51, 52) ; and its diminutive (Tivho- 
 I viov. (Palladii, Vita Scrap.) A coarse linen sheet 
 , was also called (pwarwi/ (Pollux, vii. c. 16), and a 
 . fine one oBovr), dim. 686uiov. (Hom. //. iii. 141 ; 
 j xviii. 595; Brunck, Anal. iii. 81.) These specific 
 terras are no doubt of Egyptian origin, having been 
 introduced among the Hebrews, the Greeks, and 
 the Romans, together with the articles of merchan- 
 dize to which they were applied. On the same 
 princi])le a cotton sheet is called palla airlMiscta 
 (Prudent. Psi/c/imn. \ 8G, 187), and a silk shawl is 
 , denominated pal/iiini Sericum (Stat. Si/h: iii. iv. 
 ; 89),and oQoviov 2,TiptK6v. ( Arrian, Per. Mar. Eryth. 
 
 p. 164. 170. 173. 177. ed. Blancardi.) 
 [ The following instances of the application of 
 , sheets and blankets to the purposes of common life, 
 show that their uses were still more various among 
 I the Greeks and Romans than with us ; and al- 
 I though in some of these cases the application may 
 , have been accidental, it serves not the less on that 
 j account to demonstrate the form and properties of 
 I the thing spoken of, and the true meaning of the 
 i various names by which it was called : — 
 
 I. They were used, as we use them, to spread 
 I over beds and couches, and to cover the body dur- 
 1 ing sleep (ijuotiov, Aelian, V. H. viii. 7 ; xii. 1 ; 
 
 Detit. xxiv. 13; liiaTia-fws, Theophrast. Char. 23; 
 ■ tpdpos. Soph. Trach. 916, compare 537; x^"'™? 
 I Theocrit. xviii. 19 ; xxiv. 25 ; Hom. OJ. xiv. 500 
 I —521 ; xvii. 86. 179 ; xx. 4. 95. 143 ; Hym)i. in 
 I Van. 159 — 184 ; x\aviaKiov, Alciphron, /. c; pal- 
 lium, Juv. vi. 202 ; Spartian, Hadr. 22). In many 
 of these cases it is to be observed, that the same 
 blanket which was worn as a garment by day 
 served to sleep in at night, in exact agreement 
 with the practice which to the present day prevails 
 among the Bedouin Arabs, who constantly use 
 their large hykes for both purposes. [Lectus ; 
 LoDix ; Tapes.] 
 
 II. They were spread on the ground and used 
 for carpets. Clitus, the friend of Alexander, when 
 he held a levee appeared walking cttI iTopcpvpwv 
 llxaTtaiv. (Athen. xii. p. 539. c.) This was an 
 affectation of eastern luxurj'. When the people 
 at Jerusalem spread their hykes upon the ground 
 
 I (as recorded in St. Matt. xxi. 8 ; St. Mark, xi. 8 ; 
 St. Luke, xix. 36) they intended thereby to recog- 
 nise Jesus as a king. [Tapes.] 
 
 III. They were hung over doors (Prudent, adv. 
 Sym. ii. 726), and used as awnings or curtains. 
 (Athen. xii. p. 518. a.) Thus Antigonus, sitting 
 
 in his tent, heard two common soldiers reviling 
 him, a blanket or sheet (palla) being interposed ; 
 he shook it a little and said, " Go further off, lest 
 the king should hear you." (Sen. de Ira, iii. 22.) 
 
 IV. At the bath persons wiped and rubbed 
 themselves not only with linen sheets (lintcis), but 
 with very soft blankets (pidliis er niollissima lana 
 /uctis, Petron. Sat. 28). The coarse linen cloth 
 used for this purpose was called sahanum (adSavov). 
 
 V. Agamemnon (Horn. II. viii. 221) holds in 
 his hand " a great purple (papos " to serve as a 
 banner floating in the air. 
 
 VI. Pallia, especially of linen and cotton, were 
 used for sails {(piiaaaves, Lycophron, v. 26 ; Kiv6- 
 KpoKov (pdpos, Eurip. IIcc. 1080 ; Hom. Od. v.258). 
 
 VII. When Anthony's ships were on fire, his 
 soldiers, having failed to extinguish it by water, 
 which they could not obtain in sufficient quantity, 
 threw upon it their thick blankets (i/xoTia avruv 
 7d Tvaxda, Dio Cass. 1. 34). 
 
 VIII. Thick coarse blankets, which had not 
 been to the fuller (//iaria dyvdirTa, Plut. St/mp. 
 Prohl. vi. 6), were wrapped round ice and snow to 
 keep them from melting. [Nix.] 
 
 IX. A fine white blanket was sometimes used 
 as a shroud {(papos Ta<pTi'iov, Hom. //. xviii. 353 ; 
 Od. ii. 94 — 100; i/jAtiov, Xen. Cyrop. vii. 3. 
 § 13). 
 
 X. In Asia horses and other animals used to 
 ride upon, were covered wth beautiful pallia, espe- 
 cially upcm occasions of ceremonj' or of rejoicing. 
 Cyrus had 200 horses covered with striped cloths. 
 (Xen. Cyrop. viii. 3. § 1 6.) When the Persian am- 
 bassador, a few years ago, went to the levee in 
 London, his horses were in like manner covered 
 l>a€SwTo7s luaTiots. Compare St. Matt. xxi. 7 ; 
 St. Mark, xi. 7 ; St. Luke, xix. 35. [Tapes.] 
 From this we must distinguish the use of woollen 
 liorse-cloths in Europe. (Veget. Art. Veteiin. i. 
 42 ; ii. 5,0.) 
 
 XI. The newly bom infant was wrapt in a 
 blanket ((pdpos, Hom. Hymn, in Apoll. 121). [In- 
 cunauula.] 
 
 XII. Lastl}', the blanket was the most common 
 article of the AiMictus. [Chlamvs.] Hence we 
 find it continually mentioned in conjunction with 
 the Tunica, which constituted the indutus. Such 
 phrases as " coat and waistcoat," or " shoes and 
 stockings," are not more common with us than 
 such as those which follow, in ancient authors ; 
 tmiifa patliiim(jiie (Cic. in Verr. ii. v. 52 ; Plant. 
 Epid. V. ii. 61); ifidrtov Koi x'twi' in the will of 
 a certain philosopher (Diog. Laert. v. 72) ; to 
 IfidTtov Koi Tov x'''"'^"'^'^'^"!' ; (bapos 7j8e x'''"'^'' 
 (Hom. II. xxiv. 588 ; Od. viii. 425) ; x^"^"'"' 
 t' rjSe x^''''^"'^ (Hom. 11, ii. 262; Od. iv. 50; 
 v. 229; viii. 455; x. 365. 451; xiv. 132. 154. 
 320. 341; xv. 330; xvii. 89); x-^tu-'s Ka\ 
 XiToivi'dKos. (Antiphanes ap. Ailicn. xii. p. 545. 
 a.) The following passages also exemplify the 
 practice of naming these two articles of dress to- 
 gether: A. Gell.\'i. 10; Plant. Trin. v. 2. 30; 
 Athen. v. p. 198. c, d, f. ; Theophrast. Char. 21 ; 
 St. Matt. V. 40 ; St. John, xix. 23—25. 
 
 But although the pallium and tunica were al- 
 ways regarded as essential parts of an entire dress, 
 yet each of them might be worn without tlie other. 
 Cases in which the tunic was retained and the 
 blanket laid aside, are explained under the article 
 NuDUS. It is also evident that the pallium would 
 not be the most convenient kind of dress when the 
 
702 
 
 PALLIUM. 
 
 PALLIUM. 
 
 wearer of it had occasion to run ; and we find tliat 
 in such circumstances he either put it away entire- 
 ly (Horn. //. ii. 18;i; Od. xiv. 500), or folded it 
 up as a Scottish Highlander folds his plaid, and 
 threw it round his neck or over his shoulder. 
 (Plant. Capt. iv. i. V2; iv. 2. 9; Ter. Phor. v. vi. 
 4.) Telemachns in like manner puts off his purple 
 pallium, together with his sword-belt, when he is 
 preparing to try his father's bow. (Horn. Od. xxi. 
 118; see also ylrfs vii. 58.) On the other hand, 
 to wear the blanket without the under-clothing 
 indicated poverty or severity of manners, as in the 
 case of Socrates (Xen. j\[eni. i. 6. § 2), Agesilaus 
 (Aelian, V. H. vii. 13), and Gelon, king of Syra- 
 cuse. (Diod. Sic. xi. 2b'.) 
 
 The blanket was no doubt often folded about the 
 body simply with a view to defend it from cold, 
 and without any regard to gracefulness of appear- 
 ance. It is thus seen on the persons of Polynices and 
 Parthenopaeus in the celebrated intaglio, now pre- 
 served at Berlin, representing five of the heroes who 
 fought against Thebes, and copied on an enlarged 
 scale in the annexed woodcut. The names of the 
 
 several heroes are placed beside them in Etruscan 
 letters. Tliis precious relic was found at Perugia. 
 Winckehnann {Disc, dcs pierres gravees de Stosch, 
 p. 344 — 347) reckons it the most ancient of all the 
 works of art, and says that " it holds among in- 
 taglios the same place which Homer occupies 
 among poets." It shows, therefore, how from the 
 remotest periods of antiquity a man " swathed " 
 himself in his blanket {airapyavuv eavrdv rois 
 rpiSaiviois, Athen. vi. p. 258). By a slight adapt- 
 ation the mode of wearing it was rendered both 
 more graceful and more convenient. It was first 
 passed over the left shoulder, then drawn behind 
 the back and under the right arm, leaving it bare, 
 and then thrown again over the left shoulder. Of 
 this we see an example in a bas-relief engraved by 
 Dodwell. (Tour through Greece, voL i. p. 243.) 
 Another very connnon method was to fasten the 
 blanket with a brooch [FiBUL.\] over the right 
 shoulder (diJ.(pnrepovaaSai, Hom. 11. x. 131 — 136 ; 
 Stat. Theh. vii. 058, (;59 ; Apul. F/or. ii. 1), leav- 
 ing the right arm at liberty, and to pass the middle 
 of it either under the left arm so as to leave that 
 arm at liberty also, or over the left shoulder so as 
 to cover the left arm. We see Phocion attired in 
 the last-mentioned fashion in the admired statue of 
 him preserved in the Vatican at Rome. {JMus.Pio- 
 Clenwnt. tom. i. tav. 43.) (See woodcut.) The 
 attachment of the blanket by means of the brooch 
 caused it to depend in a graceful manner (demissa 
 
 ex lumeris, Virg. Aen, iv. 203), and contributed 
 mainly to the production of those dignified and 
 elegant forms which we so much admire in ancient 
 sculptures. When a person sat he often allowed 
 his l)lanket to fall from his shoulder, so as to en- 
 velope the lower part of his body only. 
 
 The sagum of the northern nations of Europe 
 (see woodcut, p. 160) was a wooUen pallium, fas- 
 tened, like that of the Greeks, by means of a 
 brooch, or with a large thorn as a substitute for a 
 brooch. (Tacit. Germ. 17 ; Strabo, iv. iv. 3.) The 
 Gauls wore in summer one which was striped and 
 chequered, so as to agree exactly with the plaid 
 which still distinguishes their Scottish descendants ; 
 in winter it was thick and much more simple in 
 colour and pattern. (Diod. Sic. v. 30.) The Greeks 
 and Romans also wore different pallia in summer 
 and in winter. The thin pallium made for sum- 
 mer wear was called Aj/Sof, dim. \-pSdpiov (Aris- 
 toph. Aves, 713 — 717) and crwc^pov dim. (nreipiov 
 (Horn. Od. ii. 102; vi. 179; Xen. Hist Gr. iv. 
 5. § 4) in contradistinction from the warm blanket 
 with a long nap, which was worn in winter (laetia, 
 Mart. xiv. 1 36 ; x'^"'"'*! Moeris, s. v. ; Hom. II. 
 xvi. 224; Od. xiv. 529; Plut. de Aud. p. 73. ed. 
 Steph. ; ox^afo!, Callim. ////m?i. in Dian. 115). This 
 distinction in dress was, however, practised only by 
 those who could afford it. Socrates wore the same 
 blanket both in summer and winter. (Xen. Mem. 
 1. 6. § 2.) 
 
 One kind of blanket was worn by boys, another 
 by men (to ttoiSikoi', t3 avip^lov liidrtov, Plut. de 
 Aud. init.). Women wore this garment as well as 
 men. " Phocion's wife," says Aelian ( V. H. vii. 
 9), " wore Phocion's blanket:" but Xanthippe, as 
 related by the same author (vii. 10), would not 
 wear that of her husband Socrates. (See also Hom. 
 Od. V. 229, 230 ; x. 542, 543 ; Plant. Mem. IV. 
 ii. 36 ; Herod, v. 87.) When the means were not 
 wanting, women wore blankets, which were in 
 general smaller, finer, and of more splendid and 
 beautiful colours than those of men (dot/xdria 
 dvSpeia, Aristoph.£^crf(;s.26.75. 333), although men 
 also sometimes displayed their fondness for dress 
 
PALLIUM. 
 
 by adopting in these respects the female costume. 
 Thus Alcibiades was distinguished by his purple 
 blanket which trailed upon the ground (Plut.J/ci'i. 
 p. 350. 3()2. ed. Steph.); for a train was one of 
 [the ornaments of Grecian as well as Oriental dress 
 (I'lUOTiW €A|eir, Vlato, A Icib. i. p. 341. ed. Bekker; 
 Ovid, I\lef. xi. 166; Quintil. xi. 3), the general 
 rule being that the upper garment should reach the 
 knee, but not the ground. ( Aelian, V. H. xi. 10; 
 ;Theophrast. Char. 4.) AVhen a marriage was cele- 
 brated the bridegroom was conspicuous from the 
 gay colour of this part of his dress. (Aristoph. 
 Plut. 530. 714; Schol. in he.) The works of an- 
 ; cient art show that weights ((/landes) were often 
 attached to the corners of the pallium to keep it in 
 its proper place and fonn. 
 
 Philosophers wore a coarse and cheap blanket, 
 which from being exposed to much wear was 
 called rp'iSu>v and TpiSooviov. (Aristoph. FliU. 897 ; 
 Athen. v. p. 2n. e ; Themist. Orat. x. p. 155. ed. 
 Dindorf ; palliastrum, Apul. Florid, i.) The same 
 was worn also by poor persons (Isaeus de Die. 
 . p. 94. ed. Reiske ; Polyaen. Strut, vii. 35), by the 
 : Spartans (Athen. xii. p. 535. e ; Aelian. V.H. vii. 
 1 13), and in a later age by monks and hermits 
 (^(paiov rpiSiiviov, Synes. Epist. 147 ; saffum rusti- 
 cum, Hieron. Vita Hiiiir.). These blanketeers 
 (rpiSoivoipopoi, Palladii, Hist. Laus. in vita Scrap.) 
 often went without a tunic, and they sometimes 
 supplied its place by the greater size of their pal- 
 1 lium. It is recorded of the philosopher Antisthenes, 
 ' that " he first doubled his blanket," (Diog. Laert. 
 Ti. 6. 13), in which contrivance he was followed by 
 his brother Cynics (Brunck, Anal. ii. '2'2; Hor. 
 Epist. I. vii. 25), and especially by Diogenes, who 
 also slept and died in it, and who according to 
 some was the first inventor of this fashion. (Diog. 
 Laert. vi. 22. 77.) The large pallium, thus used, 
 was called 5nr\oij (diplois, Isid. Hisp. Orii/. xix. 
 ; 24), and also 'ESflMl'S, because, being worn with- 
 out the fibula, it left the right shoulder bare, as 
 seen in the preceding figure of Polj-nices, and in 
 the bas-relief in Dodwell's Tour already referred 
 ' to (Plant. Mil. iv. iv. 43 ; Aelian, V. H. ix. 34); 
 and, when a girdle was added round the waist, it 
 approached still more to the appearance of the 
 single-sleeved tunic, the use of which it superseded. 
 
 In addition to the ordinary modes of wearing 
 the pallium, mentioned above, it was on particidar 
 occasions woni over the head and sometimes so as 
 ; to cover the face, more especially, I. In concealing 
 grief, or any other violent emotion of the mind 
 (Horn. II. xxiv. 163 ; Od. viii. 83—95 ; Xen. Cyr. 
 v. 1. §4—8 ; Eurip. Sappl. 284 ; Ion. 984 ; Q. 
 1 Curt. iv. 10. § 34 ; v. 12. § 8 ; Ovid, Fast. ii. 
 
 824 ; 2 Sam. xv. 30 ; xix. 4 ; Ezek. xii. 6) ; II. 
 ' In case of rain (Aristoph. Nab. 268) ; III. In 
 , offering sacrifices, and in other acts of religion. 
 
 (Ovid, Met. i. 382. 398.) Of this custom Timan- 
 ! thes availed himself in his famous picture ofthesacri- 
 I fice of Iphigenia. (Plin. //. A^. xxxv. 10. s. 36. § 6 ; 
 Val. Max. viii. 11. 6 ; Quintil. ii. 13 ; Cic. Orat. 
 22.) It is obvious how convenient the pallium was 
 for concealing weapons or poison. The use of this 
 garment to envelope the whole person gave origin 
 to the metaphorical application of the verb pallia re, 
 meaning to hide or dissemble. [Abolla.] 
 
 Under the Roman republic and the early Em- 
 perors the Toga was worn by men instead of the 
 pallium. They were proud of this distmction, and 
 1 therefore considered that to be iMlliutus or sagatus 
 
 PALUDAMENTUM. 
 
 703 
 
 instead of being toi/atus indicated an affectation of 
 Grecian or even barbarian manners. {Oraeco pallio 
 amictus, Plin. Epist. iv. 11; Graeci palliati, Plaut. 
 Cure. II. iii. 9 ; Cic. Fhil. v. 5 ; xiv. 1 ; Sucton, 
 Jid. 48; Val. Max. ii. vi. 10.) Caecina, on his 
 return from the north of Europe, offended the Ro- 
 mans (iot/uios) by addressing them in a plaid {vcrsi- 
 colore bui/ulo) and trowsers. [Braccak.] (Tacit. 
 Hist. ii. 20.) A small stpiare cloth { pulliulum) 
 was however worn by the Romans on their heads 
 instead of a hat, when they were sickly or infirm. 
 (Sueton. Claud. 2 ; Quintil. xi. 3) ; and some of 
 them even adopted the Greek pallium instead of 
 the Roman toga. (Sueton. Tiber. 13.) 
 
 Among the Greeks as among ourselves the manu- 
 facture of sheets, blankets, and other kinds of cloth, 
 employed different classes of work-people. The 
 coarser kinds of blankets were made in Megaris, 
 where this was the staple trade of the country, the 
 work being perfonned by slaves. (Xen. Mem. ii. 
 
 vii. 6.) At Athens there was a general cloth- 
 market called (jaaTi07r<iA.is dySpa, (Pollux, vii. 
 
 18.) [J. y.] 
 
 PALMA. [Pes.] 
 PALMIPES. [Pes.] 
 
 PALUDAMENTUM, according to Varro (/.. 
 L. vii. 37) and Festus (s.v.), originally signified 
 any military decoration ; but the word is always 
 used to denote the cloak worn by a Roman general 
 commanding an army, his principal officers and 
 personal attendants, in contradistinction to the 
 sagum [Sagum] of the common soldiers and the 
 toga or garb of peace. It was the practice for a 
 Roman magistrate after he had received imperium 
 from the Comitia Curiata and offered up his vows 
 in the Capitol, to march out of the city arrayed in 
 the paludamentum [edire paliulafus, Cic. ad Fam. 
 
 viii. 10) attended by his lictors in similar attire 
 [paludatis licloribus, Liv. xii. 10 ; xlv. 39), nor 
 could he again enter the gates until he had formally 
 divested himself of this emblem of military power, 
 a ceremony considered so solemn and so indispens- 
 able that even the emperors observed it. (Tacit. 
 Hist. ii. 89 ; compare Sueton. Vitell. c. 11.) Hence 
 Cicero declared that Verres had sinned " contra 
 auspicia, contra omnes divinas et huraanas religi- 
 ones," because, after leaving the city in his paluda- 
 mentum (cum paliulatus exisset), he stole back in a 
 litter to visit his mistress, [hi Vcrr. II. v. 13.) 
 
 The paludamentum was open in front, reached 
 down to the knees or a little lower, and hung 
 loosely over the shoulders, being fastened across 
 the chest by a clasp. A foolish controversy has 
 arisen among antiquaries with regard to the posi- 
 tion of this clasp, some asserting that it rested on 
 the right shoulder, others on the left, both parties 
 appealing to ancient statues and sculptures in sup- 
 port of their several opinions. It is evident from 
 the nature of the garment, as represented in the 
 illustrations on the following page, that the buckle 
 must have shifted from place to place according to the 
 movements of the wearer ; accordingly in the first 
 cut, which contains two figures from Trajan's column, 
 one representing an officer, the other the emperor 
 with a tunic and fringed paludamentum, we ob- 
 serve the clasp on the right shoulder, and this 
 would manifestly be its usual position when the 
 cloak was not used for warmth, for thus the right 
 hand and arm would be free and unembawassed ; 
 but in the second cut, copied from the Raccolta 
 Maffei, representing also a Roman emperor, we 
 
704 PALUDAMENTUM. 
 
 perceive that the clasp is on the left shoulder ; 
 while in the third, the noble head of a warrior 
 from the great Mosaic of Pompeii, we see the 
 paludamentum fl^'ing back in the charge, and the 
 clasp nearly in front. It may be said that the last 
 is a Grecian figure ; but this, if true, is of no im- 
 portance, since the chlamys and the paludamentum 
 were essentially, if not absolutely, the same. Nonius 
 MarceUus considers the two terms synonymous, 
 and Tacitus (Ann. xii. 56) tells how the splendid 
 naumachia exhibited by Claudius was viewed by 
 Agrippina dressed clihnnt/c/e aurata, while Pliny 
 {H. N. xxxiii. 3) and Dion Cassius (Ix. 33) in 
 narrating the same story use respectively the ex- 
 pressions italiidaviicnto aurotea:tili, and x^^M^S' 
 Sicixpu'crijj. 
 
 The colour of the paludamentum was commonly 
 white or purple, and hence it was marked and re- 
 
 PANATHENAEA. 
 
 raembered that Crassus on the morning of tlie 
 fatal battle of Carrhae went forth in a dark-colour- 
 ed mantle. (Val. Max. i. 6. § 11 ; compare Phn. 
 H. N. xxii. 1 ; Plirtius, de bello Africano, c. 57.) 
 
 [W. R.] 
 
 PALUS, a pole or stake, was used in the mili- 
 tary exercises of the Romans. It was stuck into 
 the ground, and the tirones had to attack it as if it 
 had been a real enemy ; hence this kind of exer- 
 cise is sometimes called Palaria. (Veget. i. 11.) 
 Juvenal (vi. 247) alludes to it when he says, 
 " Quis non vidit vulnera pali?" and Martial (vii. 
 32. 8) speaks of it under the name of stipes, " Aut 
 nudi stipitis ictus hebes." (Becker, GaWMS,i.p.278.) 
 
 riAMBOin'TIA, a festive panegyris of all the 
 Boeotians, which the grammarians compare with 
 the Panathenaea of the Atticans, and the Pan- 
 ionia of the lonians. The principal object of the 
 meeting was the common worship of Athena 
 Itonia, who had a temple in the neighbourhood of 
 Coronea, near which the panegyris was held. 
 (Strabo, ix. p. 411 ; Paus. ix. 34. § I.) From 
 Polybius (iv. 3 ; ix. 34) it appears that during this 
 national festival no war was allowed to be carried 
 on, and that in case of a war a truce was always 
 concluded. The panegyris is also mentioned by 
 Plutarch. (Amaf. Narmt. p. 774. F.) It is a dis- 
 puted point whether the Pamboeotia had anything 
 to do with the political constitution of Boeotia, or 
 with the relation of its several towns to Thebes 
 which was at their head. The question is discussed 
 in Sainte Croix, Des gouvernements federat. p.211, 
 &c. ; Raoul Rochette, Sur la forme et Vadministr, 
 de Vttat federatif des Beoiiens, in the Mem. de 
 TAcad. des Inscript. vol. ^^ii. (1827) p. 214, &c.; 
 Wachsmuth, Hell. Alt. i. i. p. 128, &c. [L. S.] 
 
 PANATHENAEA {UavaSriuaia), the greatest 
 and most splendid of the festivals celebrated in 
 Attica in honour of Athena, in the character of 
 Athena Polias, or the protectress of the city. It 
 was said to have been instituted by Erichthonius 
 (Harpocrat. s. v. YlavaB-qvaia ; Marm. Par. Ep. 10), 
 and its original name, down to the time of Theseus, 
 was believed to have been Athenaea ; but when 
 Theseus united all the Atticans into one body, this 
 festival, which then became the common festival of 
 all Atticans, was called Panathenaea. (Paus. viii. 
 2. § 1 ; Plut. Thes. 24 ; ApoUod. iii. 14. § C ; 
 Hygin. Poet. Astron. ii. 13 ; Suid. s. v. TlavaBrjuaia.) 
 According to this account it would seem as if the 
 name of the festival were derived from that of the 
 city; but the original name Athenaea was un- 
 doubtedly derived from that of the goddess, and 
 the subsequent appellation Panathenaea merely sig- 
 nifies the festival of Athena, common to or cele- 
 
PANATHENAEA. 
 
 PANATIIENAEA. 705 
 
 brated by all the Attic tribes conjointly. Pana- 
 j thenaea are indeed mentioned as having been cele- 
 [ brated jjrevious to the reign of Thesens (ApoUod. 
 I iii. 15. § 7; Diodor. iv. (JO), but these writers 
 merely transfer a name common in their own days 
 to a time when it was not yet applicable. The 
 ' Panathenaca, which, as far as the character implied 
 m the name is concerned, must be regarded as an 
 [institution of Theseus, were celebrated once in 
 • every year. (Harpocrat. Suid. s. v.) All writers 
 (Uvho have occasion to speak of this festival agree in 
 distinguishing two kinds of Panathonaea, the 
 greater and the lesser, and in stating that the 
 former were held every fourth year (irecTaeTTjpi's), 
 while the latter were celebrated once in every 
 year. Libanius {Aiyum. ad. Demosth. Mid. p. 
 510), by mistake calls the lesser Panathenaea a 
 I Tpierrtpis, 
 
 I The time, when the lesser Panathenaea (which 
 are mostly called Panathenaea, without any epithet, 
 while the greater are generally distinguished by 
 the adjective tJ.fyd\a) were celcljrated, is described 
 by Produs (ad Plat. Tim. p. 26, &c.) in a vague 
 \ manner as following the celebration of the Bendi- 
 dia ; from which Meursius infers that the Pana- 
 thenaea were held on the day after the Bendidia, 
 that is, on the 20th of Thargelion. Petitus {Lcff. 
 ,Alt. p. 18), on the other hand, has shown from 
 Iti'inosthenes (c. Timocrat. p. 708), that the Pana- 
 thenaea must have fallen in the month of Heca- 
 tombaeon, and Corsini {Fast. Alt. ii. 357, &c.) 
 I has further proved from the same passage of Demo- 
 sthenes, that the festival must have commenced 
 before the 20th of this month, and we may add 
 that it was probably on the 17th. Clinton {Fust. 
 If'H. ii. p. 332, &c.) has revived the opinion of 
 -Mrursius. (Compare H. A. MiiUer, PanalUnaica, 
 
 '■• ■:■) 
 
 The great Panathenaea were, according to the 
 unanimous accounts of the ancients, a pentaeteris, 
 and were held in the third year of every Olympiad. 
 ( Bockh, Stuutsh. ii. p. 1 (Jo, &c.) Proclus {ad Plat, 
 'i'lin. p. 9) states that the great Panathenaea were 
 licld on the 28th of Hecatorabaeon. This state- 
 ment, however, must not lead us to suppose that 
 the great Panathenaea only lasted for one day, but 
 Proclus in mentioning this particular day was pro- 
 bably thinking of the most solemn day of the festi- 
 val on which the great procession took place 
 (Thucyd. vi. 5G), and which was in all probability 
 the last day of the festival, for it is expressly stated 
 that the festival lasted for several days. (Schol. 
 FAirip. Hecuh. 464 ; Aristid. Panath. p. 147.) We 
 have, moreover, every reason to suppose with 
 Bockh, that the great Panathenaea took place on 
 :the same days of the month of Hecatombaeon, on 
 which the lesser Panathenaea were held, and-that 
 the latter were not held at all in those years in 
 which the former were cAebrated. Now if, as we 
 have supposed, the lesser Panathenaea commenced 
 on the 1 7th, and the last day of the greater festi- 
 val fell on the 28th of Hecatombaeon, we may per- 
 haps be justified in believing that the lesser as well 
 as the greater Panathenaea lasted for twelve days, 
 ithat is, from the 17th to the 28th of Hecatora- 
 baeon. This time is not too long, if we consider 
 that the ancients themselves call the Panathenaea ^ 
 the longest of all festivals ( Schol. ad A ristoph. Nub. 
 385), and if we bear in mind the great variety of 
 2;ames and ceremonies that took place during the 
 ioason. When the distinction between the greater 
 
 . and lesser Panathenaea was introduced, is not certain, 
 but the former are not mentioned before 01. 66. 3. 
 (Thucyd. vi. 56 ; i. 20 ; Herod, v. 50), and it may 
 therefore be supposed that they were instituted a 
 short time before 01. 66, perhaps by Pisistratus, 
 for about his time certain innovations were made 
 in the celebration of the Panathenaea, as is mentioned 
 below. The principal difference between the two 
 festivals only was, that the greater one was more 
 solemn, and that on this occasion tlie peplus of 
 Athena was carried to her temple in a most magni- 
 ficent procession which was not held at the lesser 
 Panathenaea. 
 
 The solemnities, games, and amusements of the 
 Panathenaea were : rich sacrifices of bulls, foot, 
 horse, and chariot races, gymnastic and musical 
 contests, and the lanipadephoria ; rhapsodists re- 
 cited the poems of Homer and other epic poets, 
 philosophers disputed, cock-fights were exhibited, 
 and the people indulged in a variety of other 
 amusements and entertainments. It is, however, 
 not to be supposed that all these solemnities 
 and games took place at the Panathenaea from 
 the earliest times. Gymnastic contests, horse and 
 chariot races and sacrifices are mentioned in the 
 legends belonging to the period anterior to the 
 reign of Theseus. (Apollod. and Diodor. cc; 
 Plut. T/ics. 24.) The prize in these contests was 
 a vase filled with oil from the ancient and sacred 
 olive tree of Athena on the Acropolis. (Pind. Nem, 
 X. 35, &c. ; Schol. ad Soph. Oed. Col. 698.) A 
 great many of such vases, called Panathenaic vases 
 {aiKpop^ls Ylava&T)vaiKoi, Athen. v. p. 199) have in 
 late years been found in Etmria, southern Italy, 
 Sicily, and Greece. They represent on one side 
 the figure of Athena, and on the other the various 
 contests and games in which these vases were 
 given as prizes to the victors. The contests them- 
 selves have been accurately described from these 
 vases by Ambrosch {Annul, dell'' Instil. 1833. p. 64 
 — 89), and the probable order in which they took 
 place has been defined by Muller (/. c. p. 80, &c.). 
 
 The poems of Homer were only read by rhapso- 
 dists at the great Panathenaea (Lycurg. c. Leocrat. 
 p. 161), and this custom commenced in the time of 
 Pisistratus or of his son Hipparchus, after these 
 poems had been collected. Afterwards the works 
 of other epic poets were also recited on this occa- 
 sion. (Plat. Hipparch. p. 228. B ; Aelian, V. H. 
 viii. 2.) Songs in praise of Harmodius and Aristo- 
 giton appear to have been among the standing 
 customs at tlie Panathenaea. Musical contests in 
 singing and in playing the flute and the cithara 
 were not introduced at the Panathenaea until the 
 time of Pericles ; they were held in the Odeum. 
 (Plut. Pcrid. 13.) The first who gained the 
 victory in these contests was Phrynis, in 01. 81. 1. 
 (Schol. ad Aristoph. NiiL. 971 ; Marm. Par. JSp. 
 64.) The prize for the victors in the musical con- 
 tests was, as in the gymnastic contests, a vase, but 
 with an additional chaplet of olive branches. 
 (Suid. s.?\ Hai/adrivMa.) Cyclic choruses and other 
 kinds of dances were also performed at the Pana- 
 thenaea (Lys. De Muner. accept, p. 161), and the 
 pyrrhic dance in armour is expressly mentioned. 
 (Aristoph. Nuh. 988, with the Schol.) Of the dis- 
 cussions of philosophers and orators at the Pana- 
 thenaea we still possess two specimens, the XSyns 
 TlavaO-qvcuKds of Isocrates, and that of Aristides. 
 Herodotus is said to have recited his history to the 
 Athenians at the Panathenaea. The management 
 
 2 z 
 
706 PANATHENAEA. 
 
 PANATHENAEA. 
 
 of the games and contests was entrusted to persons 
 called ciflXofleToi, whose number was ten, one being 
 taken from every tribe. Their office lasted from 
 one great Panathenaic festival to the other. (Pol- 
 lux, viii. 8. 6.) It was formerly believed, on the 
 statement of Diogenes Laertius (iii. 56 ; compare 
 Suidas, s. V. TerpaXoyia), that dramatic representa- 
 tions also took place at the Panathenaea, but this 
 mistake has been clearly refuted by Bijckh. (6Vaec. 
 Trai). Princip. p. 207.) 
 
 The lampadephoria or torch-race of the Pana- 
 thenaea has been confounded by many writers, and 
 even by Wachsmuth {Hell. Alt. ii. 2. p. 246), with 
 that of the Bendidia. On what day it was held, 
 and in what relation it stood to the other contests, 
 is unknown, though it is clear that it must have 
 taken place in the evening. It has been supposed 
 by some writers that the lampadephoria only took 
 place at the great Panathenaea, but this rests upon 
 the feeble testimony of Libanius (Argum. ad De- 
 mosth. Mid. p. 510), while all other writers who 
 mention this lampadephoria, speak of it as a part 
 of the Panathenaea in general, without the epithet 
 fieyaXa, which is itself a sufficient proof that it 
 was common to both festivals. The same is implied 
 in a statement of the author of the Etymologicum 
 Magnum (s. v. KepafieiK6s). The prize of the vic- 
 tor in the lampadephoria was probably the lampas 
 itself, which hededicated to Hermes. (Biickh, Corp. 
 hm-ript. i. n. 243. 250.) 
 
 It is impossible to determine the exact order in 
 which the solemnities took place. We may, how- 
 ever, believe that those parts which were the most 
 ancient preceded those which were of later intro- 
 duction. Another assistance in this respect are the 
 sculptures of the Parthenon (now in the British Mu- 
 seum), in which a series of the solemnities of the 
 Panathenaea is represented in the great procession. 
 But they neither represent all the solemnities — 
 for the lampadephoria and some of the gjTnnastic 
 contests are not represented — nor can it be sup- 
 posed that the artists should have sacrificed beauty 
 and symmetry merely to give the solemnities in 
 precisely the same order as they succeeded one an- 
 other at the festival. In fact we see in these sculp- 
 tures the flute and cithara players represented as 
 preceding the chariots and men on horseback, 
 though the contests in chariot and horse racing 
 probably preceded the musical contests. But we 
 may infer from the analogy of other great festivals 
 that the solemnities commenced with sacrifices. 
 The sacrifices at the Panathenaea were very muni- 
 ficent ; for each town, of Attica, as well as every 
 colony of Athens, and, during the time of her great- 
 ness, every subject town, had to contribute to this 
 sacrifice by sending one bull each. (Schol. Aristoph. 
 Niib. 385.) The meat of the victims appears to 
 have been distributed among the people ; but be- 
 fore the feasting commenced, the public herald 
 prayed for the welfare and prosperity of the re- 
 public. After the battle of Marathon the Plataeans 
 were included in this prayer. (Herod, vi. III.) 
 
 The chief solemnity of the great Panathenaea 
 was the magnificent procession to the temple of 
 Athena PoUas, which, as stated above, probably 
 took place on the last day of the festive season. 
 The opinion of Creuzer (Symbol, ii. p. 810) that 
 this procession also took place at the lesser Pana- 
 thenaea, is opposed to all ancient authorities with 
 the exception of the Scholiasts on Plato {RcpuU. 
 init.) and on Aristophanes {Equit. 5G6), and these 
 
 scholiasts are evidently in utter confusion about 
 the whole matter. The whole of this procession is 
 represented in the frieze of the Parthenon, the 
 work of Phidias and his disciples. The description 
 and explanation of this magnificent work of art, 
 and of the procession it represents, would lead us 
 too far. (See Stuart, A?iiiq. of Athens, vol. ii.; 
 Leake, Topogr. of Athens, p. 215, &c. ; C. 0. 
 Miiller, Handb. dcr Archaeol. d. Kunst, § 118 ; H. 
 A. MuUer, Panath. p. 98, &c.) The chief object 
 of this procession was to carry the peplus of the 
 goddess to her temple. This peplus was a cro- 
 cus-coloured garment for the goddess, and made 
 by maidens, called ipyaarivai. (Hesych. s. v.; 
 compare "APPH^O'PIA.) In it were woven En- 
 celadus and the giants, as they were conquered by 
 the goddess. (Eurip. Hecuh. 466 ; Schol. ad Aris- 
 toph. Dquii. 566; Suid. s. v. YleirKos ; Virg. dr. 
 29, &c. ; compare Plat. Euthyd. p. 6.) Proclus {ad 
 Plat. Tim.) says that the figures on the peplus re- 
 presented the Olympic gods conquering the giants, 
 and this indeed is the subject represented on a 
 peplus worn by an Athena preserved in the Mu- 
 seum of Dresden. On one occasion in later times, 
 when the Athenians overwhelmed Demetrius and 
 Antigonus with their flatteries, they also decreed 
 that their images, along with those of the gods, 
 should be woven into the peplus. (Plut. Demcir. 
 10.) The peplus was not carried to the temple by 
 men but suspended from the mast of a ship (Schol. 
 Horn. II. V. 734 ; Philostr. Vit. Soph. i. 5. p. 550; 
 compare Bockh, Graec. Trag. Princ. p. 193, &c.; 
 Schol. ad Aristoph. Paic, 418); and this ship, 
 which was at other times kept near the Areopagus 
 (Pans. i. 29. § 1), was moved along on land, it is 
 said, by subterraneous machines. What these ma- 
 chinesmay have been is involved in utter obscurity. 
 The procession proceeded from the Ceramicus, near 
 a monument called Leocorium (Thucyd. i. 20), to 
 the temple of Demeter at Eleusis, and thence along 
 the Pelasgic wall and the temple of Apollo Pythius 
 to the Pnyx, and thence to the Acropolis, where 
 the statue of Minerva Polias was adorned with the 
 peplus. 
 
 In this procession nearly the whole population 
 of Attica appears to have taken part, either on foot, 
 on horseback or in chariots, as may be seen in the 
 frieze of the Parthenon. Aged men carried ohve 
 branches, and were called &aK\o<p6poi (EtjTnol. M. 
 and Hesych s. v.) ; young men attended, at least 
 in earlier times, in armour (Thucyd. vi. 56), and 
 maidens who belonged to the noblest families of 
 Athens carried baskets, containing offerings for the 
 goddess, whence they were called Kavri(p6pot. (Har- 
 pocrat. s. V. Kavrif Spos ; compare Thucyd. I. c.) 
 Respecting the part which aliens took in this pro- 
 cession, and the duties they had to perform, see 
 'TAPIA4>OPrA. 
 
 Men who had deserved well of the republic were 
 rewarded with a gold crown at the great Pana- 
 thenaea, and the herald had to announce the event 
 during the gymnastic contests. (Demosth. de Coron. 
 p. 265 ; compare Meurs. Panath. p. 43.) Prisoners 
 also were allowed to enjoy freedom during the 
 great Panathenaea. (Ulpian, ad Demosth. c. Timo- 
 crat. p. 740 ; compare Demosth. de Fats. Leg. p. 
 394.) 
 
 (Compare J. Meursii, Panatlienam, liber singa- 
 laris, Lugd. Bat. 1619; C. Hoffinann, Panaihe- 
 naihos, Cassel, 1835, 8vo. ; H. A. MUUer, Pana- 
 tlienaica, Bonn, 1837, 8vo. ; C. 0. Muller's Disser- 
 
PANCRATIUM. 
 
 PANCRATIUM. 
 
 707 
 
 tation, Quo anni tempore Panatlienaea minora cele- 
 hrata sint, which is reprinted in the Philological 
 Museum, vol. ii. p. 227 — 235.) [L. S.] 
 
 PANCRATIASTAE. [Pancratium.] 
 PANCRA'TIUM {irayKpanov) is derived from 
 irciv and Kpdros, and accordingly signifies an 
 athletic game, in which all the powers of the 
 fighter were called into action. The pancratium 
 Tvas one of the games or gymnastic contests which 
 were exhibited at all the great festivals of Greece ; 
 it consisted of boxing and -wTestlirg (wirynrj and 
 waAT)), and was reckoned to be one of the heavy or 
 liard exercises (a'7a)i'iV(UOTa 0apea or 0apvTepa), 
 on account of the violent exertions it required, and 
 for this reason it was not much practised in tlie 
 gynuiasia ; and where it was practised, it was pro- 
 bably not without modifications to render it easier 
 for the boys. According to the ancient physicians 
 it had very rarely a beneficial influence upon health. 
 (H. Mercurial. De Art. Gymnast, v. 7.) 
 
 At Sparta the regular pancratium was forbidden, 
 but the name was there applied to a fierce and 
 irregular fight not controlled by any rules, in which 
 even biting and scratching were not uncommon, 
 and in which, in short, everything was allowed by 
 which one of the parties might hope to overcome 
 the other. In Homer we neither find the game 
 nor the name of the pancratium mentioned, and as 
 it was not introduced at the Olympic games until 
 <Jl. 33 (Paus. V. 8. § 3), we may presume that the 
 game, though it may have existed long before in a 
 rude state, was not brought to any degree of per- 
 fection until a short time before that event. It is 
 scarcely possible to speak of an inventor of the 
 pancratium, as it must have gradually arisen out of 
 a rude mode of fighting, which is customary among 
 aU uncivilized nations, and which was kept up at 
 Sparta in its original state. But the Greeks re- 
 garded Theseus as the inventor of the pancratium, 
 who for want of a sword was said to have used 
 this mode of fighting against the Minotaurus. 
 (Schol. ad Find. Nem. v. 89.) Other legends re- 
 presented Heracles as having been victor in the 
 pancratium (Paus. v. 8. § 1 ; Hygin. Fab. 273), 
 and later writers make other heroes also fight the 
 pancratium (Lucan, Fharsal. iv. 613, &c.); but 
 these are mere fictions. After the pancratium was 
 once introduced at Olympia, it soon found its way 
 also into the other great games of Greece, and in 
 the times of the Roman emperors we also find it 
 practised in Italy. In 01. 145 the pancratium for 
 boys was introduced at the Olympic games, and 
 the first boy who gained the victory was Phaedimus, 
 a native of a town in Troas. (Paus. v. 8. in fin.) 
 This innovation had been adopted before in others 
 of the national games, and in the 61st Pj'thiad (01. 
 108) we find a Theban boy of the name of Olaides 
 as victor in the pancratium in the Pythian games. 
 (Paus. X. 7. § 3.) At the Isthmian games the 
 pancratium for boys is not mentioned till the reign 
 ofDomitian {Comim, Dksert. Ago7i. ^. 101); but 
 this may be merely accidental, and the game may 
 have been practised long before that time. 
 _ Philostratus {Imag. ii. 6) says that the pancra- 
 tium of men was the most beautiful of all athletic 
 contests ; and the combatants must certainly have 
 shown to the spectators a variety of beautiful and 
 exciting spectacles, as aU the arts of boxing and 
 wrestling appeared here united. (Aristot. Rhet. i. 
 5 ; Plut. Sympos. ii. p. 638. c.) The combatants 
 in the pancratium did not use the cestus, or if 
 
 I they did, it was the 'Ifiaures fiaXaKiorepoL [Ces- 
 tus], so that the hands remained free, and wounds 
 were not easily inflicted. 
 
 The name of these combatants was pancratiastae 
 (irayKpaTiaiTTai) or Trdnfiaxoi. (PoUux iii. 30. 5.) 
 They fought naked, and had their bodies anointed 
 and covered with sand, by which they were en- 
 abled to take hold of one another. (Philostr. I. c. ; 
 Aristoph. Fair, 848.) In cases where the con- 
 tests of the pancratiastae were not regulated by 
 strict rules, it might, as at Sparta, sometimes 
 happen, that the fighters made use of their teeth 
 and nails (Philostr. /. c; Lucian, Demonoit, c. 49 ; 
 Plut. Lac. Apophth. p. 234. D. ed. Franc.) ; but 
 such irregularities probably did not occur at any 
 of the great public games. 
 
 When two pancratiastae began their contest, 
 the first object which each of them endeavoured 
 to accomplish, was to gain a favourable posi- 
 tion, each trying to make the other stand so that 
 the sun might shine in his face, or that other 
 inconveniences might prevent his fighting with 
 success. This struggle {aywv wepl Trjs (xracrem, 
 Aeschin. c. Ctesiph. p. 83. ed. Steph.) was only the 
 introduction to the real contest, though in certain 
 cases this preparatory struggle might terminate the 
 whole game, as one of the parties might wear out 
 the other by a series of stratagems, and compel 
 him to give up further resistance. Sostratus of 
 Sicyon had gained many a victory by such tricks. 
 (Paus. vi. 4. § 1.) When the real contest began, 
 each of the fighters might commence by boxing or 
 by wrestling, accordingly as he thought he should be 
 more successful in the one than in the other. The 
 victory was not decided until one of the parties 
 was killed, or lifted up a finger, thereby declaring 
 that he was unable to continue the contest either 
 from pain or fatigue. (Faber, Agonist, i. 8.) It 
 usually happened that one of the combatants, by 
 some trick or other, made his antagonist fall to the 
 ground, and the wrestling, which then commenced, 
 was called dvaKKivoirdKr}, and continued until one 
 of the parties declared himself conquered or was 
 strangled, as was the case at Olympia with Arrhi- 
 chion or Arrachion of Phigalia, in 01. 54. (Paus. 
 viii. 40. § 1, &c. ; Euseb. Chron. p. 150. Scalig.) 
 A lively description of a struggle of this kind is 
 given by Philostratus (/. c). Sometimes one of 
 the fighters fell down on his back on purpose that 
 he might thus ward off the attacks of his antago- 
 nist more easily, and this is perhaps the trick called 
 uiTTiacr/uoy. The usual mode of making a person 
 fall was to put one foot behind his, and then to 
 push him backward, or to seize him round his 
 body in such a manner that the upper part being 
 the heavier the person lost his balance and thus 
 fell. Hence the expressions ixeuov XanSdveiv, 
 lj.f(ro\a§eiv, ixlaov a'lpeiv, rd n^aa excii', Sia /xrjpav 
 (Tvav, &c. (Scalig. ad Euseb. Chron. p. 48.) The 
 woodcut on the following page represents two pairs 
 of Pancratiastae ; the one on the right hand is 
 an example of the dvaKXivoirdKt], and that on 
 the left of the iJ.€croXaS€7v. They are taken from 
 Krause's Gymyiastik und Agonistik d. HelUn. Taf. 
 xxi. b. Fig. 35 b. 31 b., where they are copied 
 respectively from Grivaud, ifec. d. Man. Ant. 
 vol. i. pi. 20, 21, and Kraus, Signorum. vet. 
 icones, tab. 10. 
 
 At Rome the pancratium is first mentioned in 
 the games which Caligula gave to the people. (Dion 
 Cass. lis. 13.) After this time it seems to 
 
 2 z 2 
 
708 
 
 PANDECTAE. 
 
 PANDECT AE. 
 
 have become extremely popular, and Justinian 
 {Novell, cv. c. 1, provided irdyKapirov be, as some 
 suppose, a mistake for irayKpanov) made it one of 
 the seven solcnniities (irpi^oSoi) which the consuls 
 had to provide for the amusement of the people. 
 
 Several of the Greek pancratiastae have been 
 immortalised in the epinician odes of Pindar, 
 namely Timodenms of Athens [Nem. ii.), Melissus 
 and Strepsiades of Thebes {/sth. iii. and vi.), Aris- 
 toclides. Oleander and Phylacides of Aegina {Nem. 
 iii.; Isth. iv. v. and vi.), and a boy Pytheas of 
 Aegina. {Ncm. v.) But besides these the names 
 of a great many other victors in the pancratium 
 are known. (Compare Fellows, Discoveries in Lycia, 
 p. 313. Lond. 1H41.) 
 
 The diet and training of the pancratiastae was 
 the same as that of other Athletae. [Athletak.] 
 
 (Compare Hieron. Mercurialis, rfe Arte Gi/mnas- 
 iica; J. H. Krause, Die Gyimmdik tend Aijoiiidik 
 der Hellenen, vol. i. p. 534 — 556.) [L. S.] 
 
 PANDECTAE or DIGESTA. In the last 
 month of the year A. D. 530, Justinian by a Con- 
 stitution addressed to Tribonian empowered him 
 to name a commission for the purpose of forming a 
 Code out of the writings of those Jurists who had 
 enjoyed the Jus Respondendi, or, as it is expressed 
 by the Emperor, " antiquorum prudentium quibus 
 auctoritatem conscribendarum interpretandarum- 
 que Icgum sacratissimi principes praebuerunt." 
 The compilation however comprises extracts from 
 some writers of the Republican period. (Cottst. 
 Deo Auctore.) Ten years were allowed for the 
 completion of the work. The instructions of the 
 Emperor were, to select what was useful, to omit 
 what was antiquated or superfluous, to avoid un- 
 necessary repetitions, to get rid of contradictions, 
 and to make such other changes as should produce 
 out of the mass of ancient Juristical writings a 
 useful and complete body of law (Jus antiquum). 
 The compilation was to be distributed into Fifty 
 Books and the Books were to be subdivided into 
 Titles (Titiili). The work was to be named 
 Digesta, a Latin tcmi indicating an arrangement 
 of materials, or Pandectac?, a Greek word expres- 
 sive of the comprehensiveness of the work. It was 
 also declared that no commentaries should be writ- 
 ten on this compilation, but permission was given 
 to make Paratitla or references to parallel passages 
 with a short stjitement of their contents. (Const. 
 Deo Auctore, s. 12.) It was also declared tluit 
 abbreviations (siijla) should not be used in forming 
 the text of the Digest. The work was completed 
 in three years (17 Cal. Jan. 533) as appears by a 
 Constitution both in Greek and Latin which con- 
 firmed the work and gave to it legal authority. 
 (Const. Tanta, &c., and AkhwKiv.) 
 
 Besides Tribonian, who had the general conduct 
 of the imdertaking, sixteen other persons are men- 
 tioned as having been employed on the work, 
 among whom were the Professors Dorotheus and 
 Anatolius who for that purpose had been invited 
 from the law-school of Berytus, and Theophilus 
 and Cratinus who resided at Constantinople. The 
 compilers made use of about two thousand different 
 treatises, which contained above 3,000,000 lines 
 (versus, (Tti'^oi), but the amount retained in the 
 compilation was only 150,000 lines. Tribonian 
 procured this large collection of treatises, many of 
 which had entirely fallen into oblivion, and a list 
 of them was prefixed to the work, pursuant to the 
 instructions of Justinian. (Const. Tanta, &c. s. 1 6.) 
 Such a list is at present only found in the Floren- 
 tine M.S. of the Digest, but it is far from being 
 accurate. Still it is probably the Index mentioned 
 in the Constitution, Tanta, &c. (Puchta, Bemcr- 
 kunyen uchcr den Index Floreniinus, liliein. Mus. 
 iii.) 
 
 The work is thus distributed into Fifty Books, 
 which are subdivided into Titles, of which there 
 are said to be 422. Under each Title are placed 
 the extracts from the several jurists, numbered 1, 
 2, 3, and so on, with the writer's name and the 
 name and division of the work from which the ex- 
 tract is made. These extracts are said to amount 
 to 9123. No name, corresponding to Liber or 
 Titulus, is given to these subdivisions of Tituli 
 which are formed by the extracts from the several 
 writers, but Justinian (Const. Tanta, &c. s. 7) has 
 called them " leges," and though not " laws " in 
 the strict sense of the tenn, they were in fact 
 " law ;" and in the same sense the Emperor calls 
 the jurists "legislatores." (Const. Tanta, &c. s. 16.) 
 The Fifty Books differ materially both in bulk, 
 number of titles, and number of extracts. The 
 Glossatores and their followers in referring to the 
 Digest, sometimes indicate the work by P, p, or 11, 
 and sometimes by D or ?i, which according to some 
 writers represents D, and according to others re- 
 presents n. 
 
 There was also a division of the whole Fifty 
 Books into Seven larger masses, called Partes, 
 which corresponded to the seven main divisions of 
 the works on the Edict, and had also a special 
 reference to the course of instruction then estab- 
 lished. Thus the first Pars comprises Four Books, 
 the second Pars comprises Seven Books, and so on. 
 (Const. Tanta, &c. s. 2. " Igitur prima quidem 
 pars," &c.) 
 
 The number of writers from whose works ex- 
 tracts were made is thirty-nine, comprehending 
 those Jurists from whom e.xtracts were made at 
 second hand, as Qu. Mucins Scaevola, the Pontifex, 
 from whom four fragiucnts, .and Aelius Gallus 
 from whom one fraguient is taken ; but omitting 
 Servius Sulpicius Rufus, who is represented by 
 Alfeims, distinguishing Aelius Gallus from Julius 
 Aquila, Venuleius from Claudius Satui'ninus ; as- 
 suming that there is only one Pomponius, and 
 omitting Sabinus whose name is erroneously in- 
 serted in the Florentine Index. (Zimmern, Ges- 
 chichte des Rom. Privatreclits, p. 224.) 
 
 The following is the list of Jurists from whose 
 writings the Digest was constructed, as it is given 
 in the Palingcncsia of Honunelius, who has 
 arranged the matter taken from each writer under 
 his name, and placed the names in alphabetical 
 order. The dates of the Jurists are chiefly founded 
 
PANDECTAE. 
 
 PANDECTAE. 709 
 
 ; on the authoi-ity of Zimmern. The figures in the 
 ! third coluinn indicate tlie proportions contributed 
 to the Digest by each Jurist, estimated in the 
 pages of Hommelius : (a) denotes that the contri- 
 I bution is under one page of the Palingencsia. 
 : This list includes Sabinus. The extracts from 
 . many of the writers are few and short : those from 
 I Ulpian, which are more than a third of the whole, 
 , Paulus, Papinian, Julianas, Pomponius, Q. Cervi- 
 , dius Scaevola, and Gaius, are the largest. 
 
 DATE. 
 
 ^cxtas Caecilius Africantis . Hadrian and the 
 
 Antonini . 24 
 Al/inus Varus, a pupO of 
 Servius Sulpi- 
 ciusRufusand 
 contemporary 
 witii Cicero 9 
 l-'iu'ius Anthianus . Unknown . . (a) 
 
 j Julius Aquila . . perhaps about the 
 
 time of Sep. 
 Severus . . (a) 
 Aurelius Arcadius Charisius, Constan- 
 
 tine the Great 2-^ 
 Callistratm Caracalla . .17^ 
 Juventius Celsus . . . Domitian and 
 
 Hadrian . 23 
 Florcntiniis Alex. Severus 4 
 Gaius . . . Hadi'ian and the 
 
 Antonini . 72 
 C. Aelius* Gallus ... a contemporary 
 
 of Cicero . (a) 
 Claudius Hermogeniamis, Constantine 
 
 the Great . 9^ 
 Priscus Javolenus . Nerva and Ha- 
 
 drian . . .23^ 
 Salvius Julianas . . a pupil of Javo- 
 
 lenus ... 90 
 
 M. Antistius Laheo . . . Augustus . .12 
 Aemilius Macer . . . Alex. Severus 10 
 
 LuciusVolusius Maecianus Antoninus Pius 8 
 Lucius Ulpius Marcellus . The Antonini . 32^ 
 Aelius Marcia7ius Caracalla and 
 
 Alex. Severus 38 
 Junius Mauricianus AniowmM!, Pius 1^ 
 
 Rutilius MaMiHits . Unknown . . (a) 
 
 Arrius Menamler . Caracalla . . 3 
 
 Herennius Modestinm a pupil of D. 
 
 Ulpianus . . 41^ 
 Quintus Mucius Scaevola, Pontifex 
 
 Maximus, con- 
 sul B. c. 95 . 1 
 
 Priscus Neratitts . Trajan . . .10 
 
 Lucius Aemilius Pupinianus S. Sevenis and 
 
 CaracaUa 104 
 Justus Papirius . M. Aurelius . 2| 
 
 Julius Pautus . . . Alex. Severus 297 
 
 Pomponius Antoniiuis Pius 80 
 Licinius? Proculus . . Otho? ... 6 
 
 Licinius Rufinus . . Caracalla . . 1^ i 
 
 Massurius Sabinus . . Tiberius . . 1^ | 
 
 Claudius Saturninus The Antonini . 1 
 
 Qu. Cervidius Scaevola . . The Antonini . 78^ 
 Paternus Tarrcntenus Commodus . (a) 
 
 Clemens Tereniius . Hadrian and the 
 
 Antonini . . 3i 
 
 * Ho must not be confounded with C. Aquilius 
 Gallus, one of the masters of Servius Siilpicius, 
 fi'om whom there is no extract in the Digest. 
 
 DATE. 
 
 Q. Sep. Florens Tertullianus S. Severus and 
 
 Caracalla. . 1^ 
 Claudius Tryplioninus S. Severus and 
 
 Caracalla . 22 
 Salvius Aburnus Valens . . . Hadrian and An- 
 toninus Pius 3 
 Venuhius . The Antonini . 10 
 Domitius Ulpianus . S. Severus and 
 
 Alex. Severus GIO 
 
 It follows from the instructions of the Emperor 
 and the plan of the work that the extracts from 
 the Jurists are not always given in their exact 
 words. It is probable that many short passages 
 were interpolated, or altered, as a matter of neces- 
 sity, though there seems to be no reason for sup- 
 posing that these changes were carried farther than 
 the nature of the case required. Still there is no 
 doubt that the changes are such that the extracts 
 from the old Jurists cannot be used for many pur- 
 poses without some caution and judgment. 
 
 The distribution of the matter of the Digest into 
 Books and Titles has evidently been made accord- 
 ing to a plan, as will be obvious on inspecting the 
 list of Tituli prefixed to the editions. Thus the 
 28th book treats of testaments, of the institution 
 of a heres, &c., and the 29th of military testaments, 
 and of codicils, &c. ; in fact of matters appertaining 
 to universal succession by testament : the 30th, 
 31st, and 32d books treat of legacies and fiduciary 
 bequests. There is a method of arrangement 
 therefore so far as generally to bring things of the 
 same kind together, but the compilation has no 
 claims to being considered as a scientific arrange- 
 ment of the matter of law. And indeed the com- 
 pilers were evidently fettered in this respect by 
 the Emperor's instructions, which required them to 
 arrange (digerere) the whole body of the law com- 
 prised in the Digest, according to the Code and 
 the Edictum Perpetuum. 
 
 It has long been a matter of dispute whether 
 the compilers of the Digest were guided by any, 
 and if any, by what principle in the arrangement 
 of the several extracts under the respective Titles. 
 This subject is examined in a verj' learned essay by 
 Bluhme, entitled " Die Ordnung der Fragmente 
 in den Pandektentiteln." (Zcitsckrift, iv.) The in- 
 vestigation is of course founded on the titles of the 
 several works of the Jurists, which as already ob- 
 served are given at the head of each extract : thus, 
 fur instance, in the beginning of {he 3d book, the 
 first seven extracts are headed as follows : " Ulpi- 
 anus Libro sexagesimo quarto ad Edictum 
 " Idem Libro prime Fideicommissorum ;" " Idem 
 Libro quarto ad Sabinum " Idem Libro quinto 
 ad Sabinum " Paulus Libro prime ad Sabinum 
 " Julianus Libro trigesimo tertio Digestorum ;" 
 " Paulus Libro secundo ad Sabinum." These will 
 serve as samples of the whole and wUl explain 
 the following remarks from Bluhme, whose con- 
 clusions are these : " The compilers separated all 
 the writings from which extracts were to be made, 
 into three parts, and formed themselves into three 
 committees. Each committee read through in order 
 the books that had fallen to its lot, yet so that 
 books which were closely related as to their con- 
 tents, were extracted at the same time. The books 
 were compared with the Code of Justinian, and 
 what was selected for the new compilation, was 
 placed under a Title taken cither from the Code, 
 
710 
 
 PANDECTAE. 
 
 PANDECTAE. 
 
 the Edict, or in case of necessity from the work < 
 itself which was extracted. What came under the i 
 same title was compared ; repetitions were erased, 
 contradictions were got rid of, and alterations were ( 
 made, when the contents of the extracts seemed to ; 
 require it. When the three committees had finished ' 
 their labours, the present Digest was formed out of i 
 the three collections of extracts. In order to ac- 
 complish this, they made that collection the founda- 
 tion of each Title which contained the most 
 numerous or at least the longest extracts. With 
 these they compared the smaller collections, strik- 
 ing out, as they had done before, repetitions and 
 contradictions, making the necessary additions, and 
 giving more exact definitions and general princi- 
 ples. What remained over of the smaller collections 
 without having had an appropriate place assigned 
 to it, was placed after the first collection, and its 
 place in the series after the first collection was 
 generally determined by the number of extracts. 
 
 " The Digest does not seem to have been subject- 
 ed to any further revision." 
 
 Bluhme remarks that,although the Constitutions, 
 Deo Auctore, Imperatoriam, Tania, and Corrfi, con- 
 tain much infonnation on the economy of the 
 Digest and the mode of proceeding of the compilers, 
 only the two following facts are distinctly stated : 
 1. That the extracts from the writings of the 
 Jurists were arranged according to the titles of the 
 Code and the Edict. 2. That the extracts were 
 compared with the Code. Accordingly everything 
 else must be proved from an examination of the 
 work itself, and this is the object of Bluhme's 
 laborious essay. He observes that if a person will 
 examine the extracts in the titles De Verborum 
 Significatione and De Regulis Juris (50. tit. 16,17) 
 he will find a regular order observable in the titles 
 of the juristical works from which the extracts are 
 taken. Generally, the series of the books quoted 
 shows that the original order of the works from 
 which the extracts were to be made, has not been 
 altered ; and the several works generally follow in 
 both these titles in the same order. A similar re- 
 mark applies to the title De Verborum Obliga- 
 tionibus (Dig. 45. tit. 1), though there is a varia- 
 tion in all the three titles as to the relative order 
 of the three masses, which are presently to be 
 mentioned. " In the remaining titles of the Di- 
 gest," adds Bluhme, " at first sight it appears as 
 if one could find no other distinction in the titles 
 of the extracts than this, that one part of them has 
 a certain kind of connection, and another part 
 merely indicates a motley assemblage of books out 
 of which the extracts have been made. But on a 
 closer comparison not only are three masses clearly 
 distinguishable, but this comparison leads to the 
 certain conclusion, that all the writings which were 
 used in the compilation of the Digest, may be re- 
 ferred to three classes. The Commentaries on Sa- 
 binus (Ad Sabinum), on the Edict (Ad Edictum), 
 and Papinian's writings are at the head of these 
 three classes. We may accordingly denote these 
 three masses respectively by the names Sabinian, 
 Papinian, and the Edict. In each of these classes 
 the several works from which extracts are made, 
 always follow in regular order." This order is 
 shoivn by a table which Bluhme has inserted in 
 his essay. 
 
 This article, if read in connection with the arti- 
 cles Codex and Institutionbs, will give some 
 general notion of the Legislation of Justinian, the 
 
 objects of which cannot be expressed better than 
 in the following words : — 
 
 " Justinian's plan embraced two principal works, 
 one of which was to be a selection from the Jurists 
 and the other from the Constitutiones. The first, 
 the Pandect, was very appropriately intended to 
 contain the foundation of the law ; it was the first 
 work since the date of the Twelve Tables, which in 
 itself and without supposing the existence of any 
 other, might serve as a central point of the whole 
 body of the law. It may be properly called a Code, 
 and the first complete Code since the time of the 
 Twelve Tables, though a large part of its contents 
 is not Law, but consists of Dogmatic and the in- 
 vestigation of particular cases. Instead of the in- 
 sufficient rules of Valentinian III., the excerpts in 
 the Pandect are taken immediately from the writ- 
 ings of the Jurists in great numbers, and arranged 
 according to their matter. The Code also has a 
 more comprehensive plan than the earlier codes, 
 since it comprises both Rescripts and Edicts. These 
 two works, the Pandect and the Code, ought pro- 
 perly to be considered as the completion of Jus- 
 tinian's design. The Institutiones cannot be viewed 
 as a third work, independent of both : it serves as 
 an introduction to them or as a manual. Lastly, the 
 Novellae are single and subsequent additions andal- 
 terations,and it is merely an accidental circumstance 
 that a third edition of the Code was not made at 
 the end of Justinian's reign, which would have 
 comprised the Novellae that had a permanent ap- 
 plication." (Savigny, Geschkhte des Kom. Rechts im 
 Miitelalier, i. p. 14.) 
 
 There are numerous manuscripts of the Digest, 
 both in libraries of the Continent and of Great 
 Britain. A list of the M.SS. of the Corpus Juris 
 in the libraries of this country, which are princi- 
 pally in the colleges at Oxford and Cambridge, 
 is 'given by Dr. Hach in the Zeitschrift (vol. v). 
 But the M.SS. of the Digest generally contain 
 only parts of the work and are not older than 
 the twelfth century. The M.S. called the Flo- 
 rentine is complete and probably as old as the 
 seventh century. It had been kept at Amalfi time 
 out of mind, and was given to the Pisans by Lo- 
 tharius the Second, after the captm'e of Araalii 
 A. D. 11 37, as a memorial of his gratitude to them 
 for their aid against Roger the Norman. The 
 Pisans kept it till their city was taken by the 
 Florentines under Gino Caponi a. d. 1 406, who 
 carried this precious M.S. to Florence where it it 
 still preserved. An exact copy of this M.S. was 
 published at Florence in 1553, folio, with the title 
 " Digestorum sen Pandectarum Libri QuinquaginUi 
 Ex F'lorentinis Pandectis repraesentati ; Florentiai 
 InOfflcina Lauren tii Tarrentini Ducalis Typograph: 
 MDLIII Cum Summi. Pontif. Car. V. Imp 
 Henrici II Gallorum Regis, Eduardi VI Angliao 
 regis, Cosmi Medicis Duels Florent. II PrivUegio.' 
 The facts relating to the history of the M.S. 
 appear from the dedication of Franciscus Taurel- 
 lius to Cosmo Duke of Florence. This splendid 
 work is invaluable to a scholar. The ortho- 
 graphy of the M.S. has been scrupulously ob- 
 served. Those who cannot consult this work maj 
 be satisfied with the edition of the Corpus Juri: 
 by Charondas, which the distinguished printer ol 
 that edition, Christopher Plantinus, affinns to bt 
 as exact a copy of the Florentine edition as it could 
 be made. As to the other editions of the Digest 
 see Corpus Juris. [G. L.] 
 
PANEGYRIS. 
 
 ITANOnAI'A. 
 
 711 
 
 riA'NAIA, an Attic festival, the real character 
 (i of which seems to have been a subject of dis- 
 \ pute among the ancients themselves ; for accord- 
 I ing to the EtjTnoIogicum M. (s. v. UdvSia), some 
 t derived it from Pandia, who is said to liave been 
 a goddess of the moon (this is also Wachsmutli's 
 : opinion, ii. '2. p. 140) ; others from the Attic king 
 1 Pandion ; others again from the Attic tribe Dias, 
 I so that the Pandia would have been in the same 
 ij relation to this tribe as the Panathenaea to Athens ; 
 i and others from Airfj, and call it a festival of Zeus. 
 Welcker {Aescliyl. Trilog. p. 303) considers it to 
 have been originally a festival of Zeus celebrated 
 by all the Attic tribes, analogous to the Panathe- 
 I naea, and thinks that when the confederacy, of 
 ; which this festival was as it were the central point, 
 became dissolved, the old festival remained, though 
 its character was changed. It was celebrated at 
 Athens in the time of Demosthenes (c. Mkl. p. 5 1 7). 
 I Taylor in his note on this passage strangely con- 
 founds it with the Diasia, though it is well known 
 that this festival was held on the 19th of Muny- 
 chion, while the Pandia took place on the 14th of 
 Elaphebolion. (Compare Suidas and Hesych. s. v. 
 noj/Sia ; Btickh, Abliandl. der Berli/i. Akademie, 
 1818, p. 65, &c.) [L. S.] 
 
 nANAOKEPON. [CauponA.] 
 PANE'GYRIS (irav-fiyvpts) signifies a meeting 
 or assembly of a whole people for the purpose of 
 worshipping at a common sanctuary. But the 
 word is used in three ways : — 1. For a meeting of 
 the inhabitants of one particular town and its 
 vicinity ['E*E'2IA] ; 2. For a meeting of the in- 
 habitants of a whole district, a province, or of the 
 whole body of people belonging to a particular 
 tribe [AH'AIA ; OAMBOm'TIA ; HANin'NIA] ; 
 and 3. For great national meetings, as the Olympic, 
 Pythian, Isthmian, and Nemean games. Although 
 in all panegyreis which we know, the religious 
 character forms the most prominent feature, other 
 subjects, political discussions and resolutions, as 
 A\ i-ll as a variety of amusements, were not exclud- 
 ed, though tliey were perhaps more a consequence 
 of the presence of many persons than objects of the 
 meeting. As regards their religious character, the 
 panegyreis were real festivals, in which prayers 
 were performed, sacrifices otfered, processions held, 
 &c. The amusements comprehended the whole 
 variety of games, gjmnastic and musical contests, 
 and entertainments. Every panegyris, moreover, 
 was made by tradespeople a source of gain, and it 
 may be presumed that such a meeting was never 
 held without a fair, at which all sorts of things 
 i\ ere exhibited for sale. (Pans. x. 32. § 9 ; Strabo, 
 X. 5. p. 388 ; Dio Chr3'sost. Orat. xxvii. p. 528.) 
 In later times, when the love of gain had become 
 stronger than reUgious feeling, the fairs appear to 
 have become a more prominent characteristic of a 
 panegjTis than before ; hence the Olympic games 
 are called itiercatus Oli/mpiams or liuii et mercutus 
 Objmpiorum. (Justin, xiii. 5 ; Vellej. i. 8.) Festive 
 orations were also frequently addressed to a panegy- 
 ris, whence they are called Koyoi TravriyvpLKo'i. The 
 Panegyricus of Isocrates, though it was never de- 
 livered, is an imaginary discourse of this kind. In 
 later times anyoration in praiseof a person was called 
 panegyricus, as that of Pliny on the emperor Trajan. 
 
 Each panegyris is treated of in a separate article. 
 For a general account see Wachsmuth, Hell. Alt. 
 i. 1. p. 104, &c. ; Bockh, ad Find. 01. vii. p. 175, 
 &c. ; Hermann, Polit. Ant. § 10. [L. S.] 
 
 riANEAAH'NIA, a festival, or perhaps rather a 
 panegyris of all the Greeks, which seems to have 
 been instituted by the emperor Hadrian, with the 
 well meant but impracticable view of reviving a 
 national spirit among the Greeks. (Philostr. Vit. 
 Soph. ii. 1. 5 ; Bockh, Corp. Inscrip. i. p. 789 ; ii. 
 p. 580.) [L. S.] 
 
 IIANin'NIA, the great national panegyris of 
 the lonians on mount Mycale, where their na- 
 tional god Poseidon Heliconius had his sanctuary, 
 called the Panionium. (Herod, i. 148 ; Strab. viii. 
 7. p. 220. Tauchn. ; Pans. vii. 24. § 4.) One 
 of the principal objects of this national meet- 
 ing was the common worship of Poseidon, to whom 
 splendid sacrifices were offered on the occasion. 
 (Diodor. xv. 49.) As a chief-priest for the con- 
 duct of the sacrifices, they alwa3's appointed a 
 young man of Piiene, with the title of king, and 
 it is mentioned as one of the peculiar superstitions 
 of the lonians on this occasion, that they thought 
 the bidl which they sacrificed to be pleasing to the 
 god if it roared at the moment it was killed. 
 (Strabo, I. c.) But religious worship was not the 
 only object for which they assembled at the Pan- 
 ionium ; on certain emergencies, especially in case 
 of any danger threatening their country, the loni- 
 ans discussed at their meetings political questions, 
 and passed resolutions which were binding upon 
 alL (Herod, i. 141. 170.) But the polirical union 
 among the lonians appears nevertheless to have 
 been very loose, and their confederacy to have been 
 without any regular internal organisation, for the 
 Lydians conquered one Ionian town after another, 
 without there appearing anything like the spirit of 
 a political confederacy ; and we also find that single 
 cities concluded separate treaties for themselves, 
 and abandoned their confederates to their fate. 
 (Herod, i. 1U9.) 
 
 Diodorus (xv. 49) says that in later times the 
 lonians used to hold their meeting in the neigh- 
 bourhood of Ephesus instead of at Mycale. Strabo, 
 on the other hand, who speaks of the Panionic 
 panegyris as still held in his own time, does not 
 only not mention any such change, but appears to 
 imply that the panegyris was at all times held on 
 the same spot, viz., on mount Mycale. Diodorus 
 therefore seems to consider the Ephesian panegyris 
 r'E*E'2IA] as having been instituted instead of 
 the Panionia. But both panegyreis existed simul- 
 taneously, and were connected with tlie worship of 
 two distinct divinities, as is clear from a comparison 
 of two passages of Stiabo, viii. 7. p. 220 ; xiv. i. 
 p. 174. 
 
 (Compare Tittmann's Griech. Stmisv. p. 668, 
 &c. ; Thiriwall, Hi^t. of Greece, ii. p. 102.) [L. S.] 
 nANOnAl'A, a panoply or suit of armour. 
 (Herod, i. 60 ; Aelian, V. H. xiii. 37 ; Athen. v. 
 p. 208. d.) The articles of which it consisted 
 both in the Greek and in the Roman army, are enu- 
 merated under Arma. Josephus, in a passage 
 where he mentions all the essential parts of the 
 Roman heavy armour except the spear (viz. uiroSrj- 
 juaTa, SiJpcaj, ^i<pos, Kpavos, ^oipa^. Bell. Jud. vi. I. 
 §8), applies to them collectively the term iravo-nXla. 
 (See also Polyb. vi.21.) AccordingtoPlutarch(/)c»j£- 
 trius, p. 1646. ed. Steph.) the ordinary weight of a 
 panoply was a talent, i. e. about 70 lbs. ; but he 
 states that the suit worn by one soldier of uncom- 
 mon strength, viz. Alcimus, the Epirote, weighed 
 two talents, or about a hundred-weight. In esti- 
 mating the military force of any country, the 
 
712 PANTOMIMUS. 
 
 PANTOMIMUS. 
 
 number of panoplies which it had in readiness was a 
 most important item. Polybius mentions (iv. 66) 
 that tlie citizens of Sinope, expecting to be attack- 
 ed by Mithridates, obtained among other prepara- 
 tions athousand suits of annour{ira!'0'7rAiaj x'^^'^s)- 
 When one man slew another in battle, he was en- 
 titled to receive the panoply of the fallen. (Plutarch, 
 Alcib. p. 355. ed. Stcph.) [J. Y.] 
 
 PANTOMI'MUS is the name of a kind of 
 actors peculiar to the Romans, who very nearly re- 
 sembled in their mode of acting the modern dancers 
 in the ballet. They did not speak on the stage, 
 but merely acted by gestures, movements, and atti- 
 tudes. All movements, however, were rhythmical 
 like those in the ballet, whence the general term 
 for thcni is sallalio, saliurc ; the whole art was 
 called mudca miita (Cassiodor. Var. i. 20) ; and to 
 represent Niobe or Lcda was expressed by saltarc 
 Niohcn and saliare Ledum. 
 
 Mimic dances of this kind are common to all 
 nations, and hence we find them in Greece and 
 Italy ; in the former country they acquired a degree 
 of perfection of wliich we can scarcely form an idea. 
 But pantomimes in a narrower sense were peculiar 
 to the Romans, to whom we shall therefore confine 
 ourselves. During the time of the republic the 
 name pantomimus does not occur, though the art 
 itself was known to the Romans at an early period ; 
 for the first histriones said to have been introduced 
 from Etruria were in fact nothing but pantomimic 
 dancers [IIisTitio, p. 484], whence we find that 
 under the empire the names liistrio and pantominms 
 were used as synonymous. The pantomimic art, 
 however, was not carried to any degree of perfec- 
 tion until the time of Augustus; whence some 
 writers ascribe its invention to Augustus himself, 
 or to the great artists who flourished in his reign. 
 (Suidas, s. V. "Opxricris iravTSfiifios.) The greatest 
 pantomimes of this time were Bathyllus, a freedman 
 and favourite of Maecenas, and Pylades and Hylas. 
 (Juv. vi. 63 ; Suet. Au(j. 45 ; Macrob. Sat. ii. 7; 
 Athen. i. p. 70.) The great popularity which the 
 pantomimes acquired at Rome in the time of 
 Augustus through these distinguished actors, was 
 the cause of their spreading not only in Italy but 
 also in the provinces,and Tiberius found it necessary 
 to put a check upon the great partiality for them : 
 he forbade all senators to frequent the houses of 
 such pantomimes, and the equites were not allowed to 
 be seen walking with them in the streets of Rome, or 
 to attend their performances in any other place than 
 the pubUc theatres, for wealthy Romans frequently 
 engaged male and female pantommies to amuse 
 their guests at their repasts. (Tacit. Amial. i. 77.) 
 But Caligula was so fond of pantomimes that one 
 of them, M. Lepidus Mnester, became his favou- 
 rite ; and through his influence the whole class of 
 pantomimes again recovered their ascendancy. 
 (Suet. Culy. 36. 55. 57 ; Tacit. Amial. xiv. 21.) 
 Nero not only patronised them, but acted himself 
 as pantomime (Suet. Nero, IG. 26), and from 
 this time they retained the highest degree of 
 popularity at Rome down to the latest times of the 
 empire. 
 
 As regards their mode of acting, we must first 
 state that all pantomimes wore masks, so that the 
 features of the countenance were lost in their act- 
 ing. All the other parts of their body, however, 
 were called into action, and especially the arms and 
 hands, whence the expressions manus loquacissimae, 
 diyiii damosi, xt'C'* irafjLcpai'oi, &.C. Notwith- 
 
 standing their acting with masks, the ancients | 
 agree that the pantomimes expressed actions, feel- ' 
 ings, passions, &c., more beautifully, correctly, and 
 intelligibly than it would be possible to do by 
 speaking or writing. They were, however, assist- 
 ed in their acting by the circumstance that they 
 only represented mythological characters, which 
 were known to every spectator. (Juv. vi. C3 ; v, 
 121 ; Herat. J^pist. ii. 2. 125 ; Sueton. Nero, 54 ; 
 Veil. Pat. ii. 83.) There were, moreover, certain 
 conventional gestures and movements which every 
 body understood. Their costume appears to have 
 been like that of the dancers in a ballet, so as to 
 show the beauty of the human form to the greatest 
 advantage ; though the costume of course varied 
 ' according to the various characters which were re- 
 ' presented. See the manner in which Plancus is 
 described by Velleius (ii. 83) to have danced the 
 character of Glaucus. In the time of Augustus 
 there was never more than one dancer at a time on 
 the stage, and he represented all the characters of 
 the story, both male and female, in succession. 
 (Lucian, de Saltat. c. 67 ; Jacobs, ud Antliol. ii. 1. 
 p. 308.) This remained the custom till towards 
 the end of the second century of our aera, when 
 the several parts of a story began to be acted by 
 several pantomimes dancing together. Women, 
 during the earlier period of the empire, never ap- 
 peared as pantomimes on the stage, though they 
 did not scruple to act as such at the private parties 
 of the great. During the latter time of the empire 
 women acted as pantomimes in public, and in some 
 cases they threw aside all regard to decency, and 
 appeared naked before the public. The Christian 
 writers therefore represent the pantomimic exhibi- 
 tions as the school of every vice and licentiousness. 
 (Tertull. de ^^crf. p. 269. ed. Paris; see also Senec. 
 Qjiaest. Nut. vii. 32 ; Plin. Ejmt. v. 24 ; Ammian. 
 Marcel, xiv. 6 ; Procop. Aneedot. 9.) 
 
 Mythological love-stories were fi'om the first the 
 favourite subjects of the pantomimes (Ovid,/^e»!erf. 
 Am. 753), and the evil effects of such sensual re- 
 presentations upon women are described in strong 
 colours by Juvenal (vi. 63, &c.). Every represen- 
 tation was based upon a text written for the purpose. 
 This text was called the cunticum (Macrob. Sat. 
 ii. 7 ; VYm. Epist. vii. 24), and was mostly written 
 in the Greek language. Some of them may have 
 represented scenes from, or the whole subjects of, 
 Greek dramas ; but when Arnobius {mh. gent. 4 ; 
 compare Antholog. i. p. 249) states, that whole 
 tragedies of Sophocles and Euripides were used as 
 texts for pantomimic representations, he perhaps 
 only means to say that a pantomimus sometimes 
 represented the same story contained in such a 
 tragedy, without being obliged to act or dance 
 every sentiment expressed in it. The texts of the 
 pantomimes or cantica were sung by a chorus 
 standing in the background of the stage, and the 
 sentiments and feelings expressed by this chorus 
 were represented by the pantomimus in his dance 
 and gesticulation. The time was indicated by the 
 scuhellum, a peculiar kind of sole made of wood or 
 metal, which either the dancer or one of the chorus 
 wore. The whole performance was accompanied 
 by musical instruments, but in most cases by the 
 flute. In Sicily pantomimic dances were called 
 fiaWiaixoi, whence perhaps the modern words ball 
 and ballet. (Compare Lessing, Ahhundlany von den 
 Pantomimcn dcr Allen ; Grysar, in Ersch and 
 Gruber^s Encyclop. s. v. Pantomimische Kunat dei 
 
nAPAKATA©H'KH. 
 
 AUertlmms ; Welcker, Die gricchischen TrwjMien, 
 p. 13)7, &c. 1409, &c. 1443. 1477, &c.) [L. S.] 
 PA'PIA POPPAEA LEX. [Juliae Leges, 
 p. 535.] 
 
 PAPI'RIA LEX. [Lex, p. 563.] 
 
 PAPY'IIUS. [Liber.] 
 
 PAR IMPAR LUDERE {ipriaafds, dprid- 
 feti', dpTia r] ircpiTTcJ iral^eiv), the game at odd 
 and even, was a favourite game among the Greeks 
 and Romans. A person held in his hand a certain 
 number of astragali or other things, and his op- 
 ponent had to guess whether the number was odd 
 or even. (Pollux, ix. 101 : Plato, Lys. p. 207 ; Hor. 
 Sat. II. iii. 248; Suet. Au<j. 71; Nux Ekg. 79; 
 Becker, Gal/tis, ii. p. 233.) 
 
 PARA'BASIS. [Comoedia.] 
 
 nAPA'BOAON, or nAPABO'AION, a small fee 
 paid by the appellant party, on an appeal (l<J)e(ris) 
 from an inferior to a superior tribunal ; as for in- 
 stance, from an arbitrator or a magistrate, or from 
 the court of the Srifiorat, or from the Senate of Five 
 Hundred, to the jury or Heliastic court. As to 
 the sum to be paid, and other particulars, we are 
 uninformed. (Pollux, viii. 63, 63 ; Meier, Att.Froc. 
 767. 772.) [C. R. K.] 
 
 IIAPAKATABOAH', a sum of money required of 
 a plaintiff or petitioner in certain cases, as a secu- 
 rity that his complaint or demand was not frivo- 
 lous, or made on slight and insufficient grounds. 
 Such was the deposit made in certain inheritance 
 causes, viz. a tenth part of the value of the property 
 sought to be recovered. [Heres (Greek).] So 
 also in the proceeding termed iv^TziaKriixna, which 
 was a suit instituted against the public treasury b}' 
 a creditor to obtiiin pajTneiit out of his debtor's 
 confiscated goods, a fifth part of the value was de- 
 posited. It was returned to the petitioner, if suc- 
 cessful ; otherwise it went to the state. (Suidas,s. v. 
 'EvericrKT)txfj.a.) The money was deposited either 
 at the dvaKpicn!, or on the commencement of the 
 cause. The word irapaKaraSoKri signifies both the 
 paying of the deposit, and the money deposited ; 
 and, being a word of more general import, we find 
 it used to denote other kinds of deposits, as the 
 ■KpvTavua. and irapauTams. (PoUiLX, viii. 32 ; 
 Meier, Alt. Pmc. 604. 616—621.) [C. R. K.] 
 
 nAPAKATAQH'KH generally signifies a deposit 
 of something valuable with a friend or other per- 
 son, for the benefit of the owner. Thus, if I de- 
 liver my goods to a friend, to be taken care of for 
 me ; or if I deposit money with a banker ; such 
 delivery or bailment, or the goods bailed or de- 1 
 livered, or the money deposited, may be called i 
 irapaKOTaQriKt) (Herod, vi. 86 ; Demosth. pro ' 
 Pliorm. 946); and the word is often applied me- 
 taphorically to any important trust committed b}' : 
 one person to another. (Demosth. c. Aphob. 840 ; [ 
 Aesch. c. Timarch. 26. ed. Steph. ; de Fals. Leg. I 
 47.) As every bailee is bound to restore to the 
 bailor the thing deposited ; either on demand (in 
 case of a simple bailment), or on performance of the 
 conditions on which it was received ; the Athenians 
 gave a irapaKaTaBriKris S'iki) against a bailee who 
 unjustly withheld his property from the owner, 
 cbreaTepria^ Triv TrapaKara9-/jK7]v. (PoUux, vi. 154.) 
 An example of such an action against a banker is 
 the Tpaist^LTiKds \6yos of Isocrates. A pledge 
 given to a creditor could not be recovered, except 
 on pa3'ment of the money owed to him ; but, after 
 selling the article, and satisfying his debt out of 
 the proceeds, he would of course be bound to re- 
 
 PARAGAUDA. 
 
 713 
 
 store the surplus (if any) to the pledgor. It fol- 
 lows from the nature of the irapaK. S'ikti that it was 
 drifn^Tos, but it is not improbable that the addi- 
 tional penalty of drifjiia might be inflicted on a de- 
 fendant who fraudulently denied that he had ever 
 received the deposit. 
 
 The difficulty of procuring safe custody for 
 monej', and the general insecurity of movable pro- 
 perty in Greece, induced many rich persons to 
 make valuable deposits in the principal temples, 
 such as that of Apollo at Delphi, Jupiter at Olym- 
 pia, and others. (Meier, ^Ift. Proc. p. 512 — 515.) 
 It may be observed that TifleffSai, vapaKara- 
 rlB^adat, in ilu> middle voice, are always used of a 
 person making a deposit for his own benefit, with 
 the intention of taking it up again. Hence the 
 expression Setrflai xdpiv, to confer an obligation, 
 which gives the right (as it were) of drawing upon 
 the obliged party for a return of the favour at some 
 future time. Kofii^eaBai is to recover your pro- 
 perty or right. (Isocrat. e.Euthyn. 400. ed. Steph.) 
 
 [C. R. K.] 
 
 nAPAKATA0H'KH2 AI'KH. [OAPAKATA- 
 eH'KH.] 
 
 nAPAXT'TH2. [AOTTPO'N, p. 578.] 
 PARADI'SUS {irapdh^Laos), was the name 
 given by the Greeks to the park^ or pleasure- 
 groimds, which surrounded the country residences 
 of the Persian kings and satraps. They were 
 generally stocked with animals for the chace, were 
 full of all kinds of trees, watered by numerous 
 streams, and enclosed with walls. (Xen. Anal. i. 
 4. § 10 ; Cijr. i. 3. § 14 ; 4. § 5 ; Hell. iv. 1. § 33 ; 
 Oec. iv. 13; Diod. Sic. xvi. 41 ; Curt. viii. i. § 11, 
 12 ; Gell. ii. 20.) These paradises were frequently 
 of great extent ; thus Cyrus on one occasion re- 
 viewed the Greek army in his paradise at Cekenae 
 (Xen. Anab. i. 2. § 9), and on another occasion 
 the Greeks were alarmed by a report that there 
 was a great army in a neighbouiung paradise. {Id. 
 ii. 4. § 16.) 
 
 Pollux (ix. 13) says that 7ropa5ei(ror was a 
 Persian word, and there can be no doubt that the 
 Greeks obtained it from the Persians. The word, 
 however, seems to have been used by other eastern 
 nations, and not to have been peculiar to the Per- 
 sians. Gesenius (Lexicon Hebraieiim, p. 838. 
 Lips. 1833) and other writers suppose it to be the 
 same as the Sanskrit Tf^^ {paradesa), but this 
 
 word does not mean a laud elevated a?id cultivated, 
 as Gesenius and others say, but merely a foreign 
 
 country, whence is derived tj^f^lrfl (paradtsirn), 
 
 a foreigner. The word occurs in Hebrew 
 
 ( D'^"n2, paredes) as early as the time of Solomon 
 
 {Ecclcs. ii. 5 ; Cant. iv. 13), and is also found in 
 
 Arabic {^^j^^t}jS,firdaus),and. Armenian (pardes, 
 
 Schroeder, Dissert. Tliesaur. Ling. Armen. praemiss. 
 p. 56). 
 
 PARAGAUDA {trapayuZris), the border of a 
 tunic [LiMBUs], enriched with gold thread, worn 
 by ladies, but not allowed to men except as one of 
 the insignia of office. These borders were among 
 the rich presents given by Furius Placidus a. d. 
 343, when he was made consul. (Fl. Vopisc. yl?</-ei. 
 p. 2146. ed. Salmas.) Under the later emperors 
 the manufacture of them was forbidden except in 
 their own gynaecea. (Cod. 11. tit. 8. s. 1,2.) The 
 term parugauda, which is probably of Oriental 
 
714 
 
 nAPArPA*H'. 
 
 nAPANOI'AS rPA*H'. 
 
 origin, seems also to have been converted into an 
 adjective, and thus to have become the denomina- 
 tion of the tunic, which was decorated with such 
 borders. (Lydus de Mag. i. 17 ; ii. 4. 13.) [J. Y.] 
 nAPArPA*H'. This word does not exactly 
 correspond with any term in our language, but may 
 without much impropriety be called a plea. It is 
 an objection raised by the defendant to the admis- 
 sibility of the plaintiff's action : " exceptio rei 
 adversus actorem, actionerave, querentis aut de foro 
 baud conipetente, aut de tempore, modove proce- 
 dendi illegitimo." (Reiske, Index Gr. in Oral.) Sir 
 William Jones, in the preface to his translation of 
 Isaeus, compares it with a demurrer. But this is 
 not so correct ; because a demurrer is an objection 
 arising out of the adversary's own statement of his 
 case ; whereas the Trapa-ypa(pri was an objection 
 depending on facts stated by the defendant him- 
 self, and therefore rather resembles a plea, or 
 (more strictly) a special plea. This appears from 
 the napaypaipiKoi K6yoi of Demosthenes, in which 
 we find the defendant introducing new allegations 
 into the cause, and supporting them by proof. 
 Thus, in the speech against Nausimachus and 
 Xenopithes, the ground of objection is, that the 
 father of the defendants having obtained a release 
 from the plaintiffs, it was no longer open to the 
 plaintiffs to bring an action for the same cause. 
 But the first mention of this release is made by 
 the defendants in their plea. In the speech against 
 Zenothemis the defendant objects, that the 6/iiro- 
 piKTj SIkti does not lie, because there was no writ- 
 ten contract between him and the plaintiff on a 
 voyage to or from Athens ; and this (says he) ap- 
 pears from the declaration itself (cc eyKKiq/xaTi). 
 As parties could not be defeated at Athens by a 
 technical objection to the pleadings, the defendant 
 in the above case, notwithstanding the defective 
 statement of the plaintiff in the declaration, was 
 compelled to bring forward his objection by plea, 
 and to support it before the jury. In the speech 
 against Phormio, the plaintiff says that as the de- 
 fendant only denies that he has committed a breach 
 of the contract, there was no occasion for a irapa- 
 ypa<p-^ : the question merely was, whether the 
 plaintiff's charge was true. It seems that a irapa- 
 ypa(pi^ might be put in, not only when the defend- 
 ant could show that the cause of action was dis- 
 charged, or that it was not maintainable in point 
 of law ; but also when the form of action was mis- 
 conceived, or when it was commenced at a wrong 
 time, or brought before the wrong magistrate 
 (■qyeficui' 5iKO(7T7)pi'ou). In the last case the irapa- 
 ypa(pT) would answer to our plea to tlie Jurisdiction. 
 (Demosth. c. Pantacn. 976 ; Suidas, i. v. Hapa- 
 ypa(f>nj and evBuZiKia.) 
 
 The irapaypacpi^, like every other answer (dvri- 
 ypacpTi) made by the defendant to the plaintiff's 
 charge, was given in writing ; as the word itself 
 implies. (Demosth. c. Phorm. 912.) If the de- 
 fendant merely denied the plaintiff's allegations, or 
 (as we might say) pleaded t/ie general issue, he was 
 said fOduSiKiav or ri/jv evdfiav eicrie'vai, or orro- 
 Koyeiadai rriv evdvStK'iav eiVitur. In this case a 
 court was at once held for the trial of the cause. 
 If, however, he put in a irapaypa(pri, he maintained 
 that the cause was not eicrayooyiiios (^Trapeypd^^aro 
 tiTj AtTayiiyifxov dvai Tqv Sikt^v), and in that case 
 a court was to be held to try the preliminary 
 question, whether the cause could be brought into 
 court or not. Upon this previous trial the defend- 
 
 ant was considered the actor, and hence is said by 
 Demosthenes (c. Phorm. 908) Kcmiyopetv toO 
 SioiKovTos. He began, and had to maintain the 
 ground of objection which he relied upon. (Demosth. 
 c. Steph. 1103.) If he succeeded, the whole cause 
 was at an end ; unless the objection was only to the 
 form of action, or some other such technicality, in 
 which case it might be recommenced in the proper 
 manner. If, however, the plaintiff succeeded, the 
 jury merely decided el(rayciyiij.ov elvat tyiv SiVr)!/, 
 and then the original action, which in the mean- 
 time had been suspended, was proceeded with. 
 (Demosth. c. Zenoih. 888 ; Lys. de Publ. Pec. 148. 
 ed. Steph.) Both parties on the trial of the 
 irapu.ypa<pi] were liable to the liraiSiKia, on failure 
 to obtain a fifth part of the votes. 
 
 The course of proceeding on a irapaypa(p'^ was 
 obviously calculated to delay the progress of the 
 cause, and was therefore not looked on with favour 
 by the dicasts. lipuipdcrets, inTwixoaiat, irapaypa- 
 <pa\, TO, iK t£,v v6)iu>v, excuses, delays, pleas, legal 
 objections, are classed together by the orator as 
 being the manoeuvres of defendants to defeat 
 justice. Hence we find in the extant ■irapaypa<pi- 
 Kol \6yot, that the defendant, in order to remove 
 the prejudice of the dicasts against himself, not only 
 supports the ground of the napaypa(pTj, but dis- 
 cusses the general merits of the cause, and en- 
 deavours to show that there is no foundation for 
 the plaintiff's complaint. And there is no doubt 
 that the dicasts were materially influenced by suck 
 discussion, however in strictness irrelevant. (De- 
 mosth. c. Mid. 541, c. Lacr. 924, c. Steph. 1117, 
 pro Phorm. 944, Argum. Or. c. Zetioth.) The 
 same observation applies to the Stafmprupia. [See 
 Heres (Greek).] (Isaeus, de Philoet. her. 60, 
 de Ajioll. Iter. 63. ed. Steph. ; Demosth. c. Leoch. 
 1097.) 
 
 There was no such thing as this proceeding by 
 ■>rapaypa<p7j, mitil after the expulsion of the thirty 
 tyrants, when a law was passed on the proposal of 
 Archinus, dv rts 8i/cafr)Tai irapd roiis opKovs, e{- 
 (ivai (pevyovTi irapaypd^l/aaBat, Toiis Si dp- 
 XovTas irepl tovtov irpiirov elaayttv, Xiydv S( 
 Tvporepov rov ■napaypw^fdjj.evov, 6v6repos S' dv 
 riTrr)8y, Trjp iirwSeKtav d(pe'i\fit'. The object of 
 this law appears to have been, to enable any person 
 against whom an infonnation or prosecution might 
 be brought, or action commenced, for any matter 
 arising out of the late political troubles, to obtain 
 the benefit of the general anmesty, by specially 
 pleading the same, and so bringing his defence in 
 a more solemn manner before the court. The same 
 privilege was afterwards extended to other grounds 
 of defence. (See the opening of the speech of Iso- 
 crates against CaUimachus.) Before this time all 
 special objections to the adversary's course of pro- 
 ceeding seem to have been called dvTiypaipdl, and 
 sometimes k^ufioa-'iai, because an oath was tiiken 
 by the party who tendered them. (Lysias, c. 
 Panel. ed. Steph.; Aristopli. Eccles. 1026 ; 
 Schol. ad loc. ; Suidas, s. v. 'E^ai/j-oaia ; Meier, 
 Att. Proc. p. 644--650.) [C. R. K.] 
 
 nAPANOI'AS rPA*H'. This proceeding may 
 be compared to our coimnission of lunacy, or writ 
 de lunatico im/uirendo. It was a suit at Athens 
 that might be instituted by a son or other near re- 
 lation against one who, by reason of madness 
 or mental unbecility, had become incapable of 
 managing his own affairs. If the complaint was 
 well grounded, the court decreed that the next 
 
IIAPANO'MnN rPA*H'. 
 
 heir should take possession of the lunatic's pro- 
 perty, and probably also made some provision for his 
 l>eiiig put in confinement, or under proper care and 
 guardianship. (Suidas, s. v. Tlapavoia : Xen. Afcm. 
 i. 2. § 49 ; Aristoph. Nub. 844 ; Aesch. c. Ctes. 89. 
 ed. Steph.) It is related of Sophocles, that having 
 continued to write tragedies to an advanced ago, 
 and by reason thereof neglected his family afiairs, 
 he was brought before the court by his sons, and 
 accused of lunacy ; that he then read to the judges 
 his Oedipus Coloneus, which he had just composed, 
 and asked them if a man out of his mind could 
 write sucli a poem as that ; whereupon they ac- 
 quitted him. (Cic. de Sencd. 7.) The story is told 
 differently by the anonjTnous author of the life of 
 Sophocles ; who speaks of the suit as taking place 
 between lophon and his father, and seems to inti- 
 mate that it was prefeiTed before the (ppdrofies. 
 In tliis last point he is supported by the Scholiast 
 on Aristophanes, but it can hardly be correct ; as 
 we have no other authority for supposing that the 
 (ppdropes had such a jurisdiction, and Pollux (viii. 
 89) expressly says that the vapavotas ypa(prj came 
 before the archon ; to whom indeed it peculiarly 
 belonged, as being a matter connected with family 
 rights; and, if so, we are to understand that it 
 came before the archon in the regular way, as 
 i)76|U«f SiKacrrriplov. (Meier, AU. Proc. 296 — 
 298.) It is highly probable that there was some 
 foundation for this anecdote of Sophocles. He 
 might perhaps have given offence to his sons by 
 that penuriousness which is said to have crept upon 
 him in his old age ; and lophon being a poet, and 
 lying under the suspicion of being assisted by his 
 father, might possibly be induced by a mean jea- 
 lousy to bring this charge against him. (See Aris- 
 toph. Ran. 78 ; Pew, 697.) The play of Oed. Col. 
 appears to exhibit the wounded feelings of the 
 WTiter. (See more especially v. 337. 441.) 
 
 [C. R. K.] 
 
 nAPANO'MnN rPA<I>H'. An indictment for 
 propounding an illegal, or rather unconstitutional 
 measure or law. We have seen [NOMO0E'TH2] 
 that any Athenian citizen was at liberty to make 
 a motion in the popular assembly, to pass a new 
 law, or amend an old one. In order to check rash 
 and hasty legislation, the mover of any law or de- 
 cree, though he succeeded in causing it to be passed, 
 was still amenable to criminal justice, if his enact- 
 ment was found to be inconsistent with other laws 
 that remained in force, or with the public interest. 
 (Demosth. c. Timoc. 710, 711.) Any person might 
 institute against him the ypa^rj irapavoixwv within 
 a year from the passing of the law. If he was 
 convicted, not only did the law become void, but 
 any punishment might be inflicted on him, at the 
 discretion of the judges before whom he was tried ; 
 for it was a ti/xijtos aywv. A person thrice so 
 convicted lost the right of proposing laws in future. 
 The cognizance of the cause belonged to the Thes- 
 mothetae. (Schomann, Ant. jur. pub. Gr. p. 244.) 
 The prosecutor was compelled to take an oath, 
 called by the same name as that taken to obtain 
 delay in courts of justice (Jmoiixorrla), because it 
 had the effect of delaying the operation of the pro- 
 posed measure, which otherwise might have come 
 into force immediately. (Schomann, Id. p. 224.) 
 Examples of such prosecutions are the speech of 
 Demosthenes against Timocrates, and that of Aes- 
 chines against Ctesiphon. They both comment on 
 the importance of the prosecution, as tending to 
 
 nAPAnPESBEI'A. 
 
 715 
 
 preserve the existing laws, and maintain constitu- 
 tional liberty. (Demosth. c. Tim. 748, 749 ; Aesch. 
 c. Ctes. .54. 82. ed. Steph.) Notwithstanding this 
 check, the mania for legislation appears to have in- 
 creased so greatly at Athens in later times, that 
 Demosthenes (c. Leptin. 485) declares that <|«/(J)i<r- 
 ixdrwv ou5' otmvv Sia(pepov<Tii' ol vofxoi. This 
 arose from the relaxation of that precautionary law 
 of Solon, which required every measure to be ap- 
 proved by the vofio64Tai, before it could pass into 
 law. [NOMO0E'TH2, and Schomann, Id. p. 229.) 
 It is obvious that, while the people in assembly 
 had the power of making decrees which could re- 
 main in force for a year, if they wished to evade 
 the law of Solon, all they had to do was to renew 
 their decree from year to year, and thus in practice 
 the ifTj^itT/uo became vofios. 
 
 If the year had elapsed, the propounder of the 
 law could not be punished, though the law itself 
 might be repealed in the ordinary way by the in- 
 stitution of proceedings before the vo/xoderai, before 
 whom it was defended by the five (TvvSlkoi. The 
 speech against Leptines was made in a proceeding 
 against the law itself, and not against the mover. 
 As the author of the second ar^ment says, irapcA- 
 d6pTos Tov xp^'"'^^ i'' 4' vTT^vBvvns /cpiVei Kol 
 Tt/Jtupia ypd(pwv Tir vo/J-ov, ((paivero AeTrTiVrjr 
 d/ciVSi/fos. oBev wpds avrov, dW' oi5 Kar' avrov 
 d Kdyoi. (Hennann, Pol. Ant. § 132.) [C. R. K.] 
 nAPA'NTM^OS. [Marriage (Greek), p. 
 599.] 
 
 OAPAnE'TASMA. [Velum.] 
 PARAPH ERNA. [Dos (Roman.)] 
 IIAPAnPESBEl'A signifies any corrupt conduct, 
 misfeasance, or neglect of duty on the part of an am- 
 bassador ; for which he was liable to be called to 
 account and prosecuted on his return home. (De- 
 mosth. c. Mid. 515 ; de Fats. I^p. 342.) Ambas- 
 sadors were usually elected by the people in as- 
 sembly ; they either had instructions given to 
 them, or not ; in the latter case they were called 
 avTOKparopes, envoys with full powers, or pleni- 
 potentiary. (Thucyd. v. 45 ; Aesch. c. Ctes. 62. ed. 
 Steph.) To act contrary to their instructions 
 (irapd TO \pT'j(pi(TiJui irpecrSeveii') was a high mis- 
 demeanour. (Demosth. de Fids. Lecj. 346.) On 
 their return home they were required immediately 
 to make a report of their proceedings {d-Ka.yyeXKw 
 •rriv irpeaSeiav) first to the Senate of Five Hun- 
 dred, and afterwards to the people in assembly. 
 (Aesch. de Fids. Ler). 30. ed. Steph. ; Aristoph. Ach. 
 61 ; Schomann, Ant. jur. pub. Gr. p. 234.) This 
 done, they were funeti officio ; but still, like all other 
 persons who had held an office of trust, they were 
 liable to render an account [evQivas) of the manner 
 in which they had discharged their duty. (De- 
 mosth. de Fats. Leg. 367. 406.) The persons to 
 whom such account was to be rendered were the 
 Xoyunai, and the officers associated with them, 
 called ev&uvoi. A jtecuniary account was only 
 rendered in cases where money had passed through 
 the hands of the party ; in other cases, after stating 
 that he had neither spent nor received any of the 
 public money, the accounting party was discharged, 
 unless there was reason for thinking that he de- 
 served to be proceeded against for misconduct. 
 The Xoyiajai themselves had power to summon 
 the party at once to appear as a criminal, and 
 undergo the dvdKpiais in their office (Ao7i(rT7jpioy), 
 upon which they would dii-ect the crvv^yopoi to pro- 
 secute ; and this probably was the ordinary course 
 
716 PARASANG. 
 
 in case of any pecuniary malversation. Accusations, 
 however, of a more general nature were commonly 
 preferred by individuals, giving information to the 
 hoyiaral, who, for the purpose of giving any citizen 
 an opportunity of so doing, caused their /f?jpu| to 
 make proclamation in public assembly, that such a 
 person was about to render his account, and to 
 ask if any one intended to accuse hiin. If an ac- 
 cuser appeared, his charge would be reduced to the 
 form of a ypa<l>rj, and the prosecution would be 
 conducted in the usual way, the Xoyiurai being 
 the superintending magistrates. (Pollux, viii. 40. 
 45 ; Schomann, /(/. p. 240 ; Meier, Att. Proc. 214 
 ' — 224.) Magistrates, who were annually elected, 
 rendered their accounts at the end of the olRcial 
 year ; but ambassadors, who were extraordinary 
 functionaries, had no time limited for tliis purpose. 
 Aeschines delayed giving an account of his em- 
 bassy' to Philip for three years. (Demosth. de Fals. 
 Ley. 374; Thirlwall, Gr. Hid. vol. vi. p. 26.) We 
 can hardly suppose, however (as Thirlwall states), 
 that the time of rendering the account was optional 
 with the ambassador himself ; since, not to men- 
 tion the power of the Xnyitnai, it was open to any 
 man to move for a special decree of the people, that 
 the party should be called to account immediately. 
 The ypatpiij irapavpecrSelas was a Tiiurjrds d-yaii' 
 (Meier, Att. Proc. 193) ; and as it might comprise 
 charges of the most serious kind, such as treachery 
 and treason against the state, the defendant might 
 have to apprehend the heaWest punishment. Aes- 
 chines {de Fals. Leg. 28. 52) reminds the dicasts 
 of the great peril to which he is exposed, and 
 makes a merit of submitting to his trial without 
 fear. Besides the ypaipri, an (laayyeXia might be 
 brought against an ambassador ; upon which the 
 accused would be committed to prison, or compelled 
 to give bail for his appearance. This course was 
 taken by Hyperides against Philocrates, who 
 avoided his trial by voluntary exUe. (Aeschin. c. 
 Ctcs. 65. ed. Steph.) [C. R. K.] 
 
 nAPAnPESBEl'AS rPA*H'. [nAPAnPES- 
 BEI'A.] 
 
 PARASANG {6 -trapaffdyyris), a Persian 
 measure of length, frequently mentioned by the 
 Greek writers. It is still used by the Persians, 
 
 who call it i ^ 1 i...,Ji (^ferseng), which has been 
 
 changed in Arabic into {/arsakh). 
 
 According to Herodotus (ii. 6 ; v. 53 ; vi. 42) 
 the parasang was equal to 30 Greek stadia. 
 Suidas (s. V.) and Hesychius {$. v.) assign it the 
 same length ; and Xenophon must also have cal- 
 culated it at the same, as he says {Anah. ii. 2. § 6) 
 that 16,050 stadia are equal to 535 parasangs. 
 (lfa-,050-;- 535 = 30.) Agathias (ii. 21), how- 
 ever, who quotes the testunony of Herodotus and 
 Xenophon to the parasang being 30 stadia, says 
 that in his time the Iberi and Persians made it 
 only 21 stadia. Strabo (xi. p. 518) also states, 
 that some writers reckoned it at 60, others at 40, 
 and others at 30 stadia ; and Pliny {H.N. vi. 30) 
 infoi-ms us, that the Persians themselves assigned 
 ditferent lengths to it. Modem English travellers 
 estimate it variously at from 3i to 4 English miles, 
 which nearly agrees with the calculation of Hero- 
 dotus. 
 
 The etjonology of parasang is doubtftd. Rodi- 
 ger {in Ersch und Cruhcr^s Eiict/clop'ddie, s. v. 
 Paras.) supposes the latter part of the word to be 
 
 PARASITI. 
 
 the same as the Persian t^JJUu (seyig), " a 
 
 stone," and the former part to be connected with 
 
 the Sanskrit •qj^^ {para), " end," and thinks 
 
 that it may have derived its name from the stones 
 placed at the end of certain distances on the pubHc 
 roads of Persia. 
 
 nAPA'SHMON. [Insigne.] 
 
 PARASI'TI (TragacriToi) properly denotes per- 
 sons who dine with others. In the early history 
 of Greece the word had a very different meaning 
 from that in which it was used in later times. Ti 
 Se Tou ■naqaa'nov oyo/xa TraAai ^ev a^jxvov (cal 
 Ud6v, says Athenaeus (vi. p. 234), and he proves 
 from various decrees {i\rr)<pi<xiJ.ara) and other autho- 
 rities that anciently the name iragdinros was given 
 to distinguished persons, who were appointed as 
 assistants to certain priests and to the highest ma- 
 gistrates. As regards the priestly and civil parasites 
 the accounts of their office are so obscure that we are 
 scarcely able to form any definite notion of it. An 
 ancient law (Athen. /. c.) ordained that each of the 
 priestly parasites should select from the jSou/coXlo 
 the sixth part of a medimnus of barley, and supply 
 with it the Athenians who were present in the 
 temple, according to the custom of their fathers; 
 and this sixth of a medimnus was to be given by 
 the parasites of Acharnae. The meaning of this 
 very obscure law is discussed by Preller. {Polemonis 
 Fragm. p. 115, &c.) Thus much, however, is 
 clear, that the parasites were elected in the demes 
 of Attica from among the most distinguished and 
 most ancient families. We find their nmnber to 
 have been twelve, so that it did not coincide with 
 that of the demes. This may be accounted for by 
 supposing that in one demos two or more gods were 
 worshipped, whose service required a parasite ; while 
 in another there was no sucli divinity. The gods 
 in whose service parasites are mentioned, are He- 
 racles, ApoUo, the Anaces, and Athena of Pallene. 
 Their services appear to have been rewarded with 
 a third of the victims sacrificed to their respective 
 gods. Such officers existed down to a late period 
 of Greek history, for Clearchus, a disciple of Ari- 
 stotle, said that parasites in his own days conti- 
 nued to be appointed in most Grecian states to the 
 most distinguished magistrates. (Athen. xx. p. 235.) 
 These, however, must have been ditferent from the 
 priestly parasites. Solon in his legislation called 
 the act of giving public meals to certain magis- 
 trates and foreign ambassadors in the prytaneum, 
 iraqaan^v (Plut. Sol. 24), and it may be that the 
 parasites were connected with tliis institution. (Com- 
 pare PoUux, vi. c. 7.) 
 
 The class of persons whom we call parasites was 
 very numerous in ancient Greece, and appears to 
 have existed from early times, though they were 
 not designated by this name. The comedies of 
 Aristophanes contain various allusions to them, and 
 Philippus, who is introduced in the SjTnposium of 
 Xenophon, as well as a person described in some 
 verses of Epicharmos preserved in Athenaeus, are 
 perfect specimens of parasites. But the tirst writer 
 who designated these persons by the name of 
 naqdavToi was Alexis in one of his comedies. 
 (Athen. vi. p. 235.) In the so caUed middle and 
 new Attic comedy, and in their Roman imitations, 
 the parasites are standing characters, and although 
 they are described in very strong colours in these 
 comedies, yet the description does not seem to be 
 much exaggerated, if we may judge from other ac- 
 
nA'PEAPOI. 
 
 founts of real parasites. Wc shall not therefore be 
 (luch mistaken in borrowing our description of 
 arasites chiefly from these comedies. 
 
 The characteristic features common to all para- 
 , ites are importunity, love of sensual pleasures, and 
 bore all the desire of getting a good dinner with- 
 ut paying for it. According to the various means 
 hey employed to obtain this object, they may be 
 ilivided into three classes. The first are the 
 /eXuTOTToio'i or jesters ; who, in order to get some 
 nvitation, not only tried to amuse persons with 
 heir jokes, but even exposed their own person to 
 :')dicule, and would bear all kinds of insult and ab- 
 ise if they could only hope to gain the desired ob- 
 icct. Among these we may class Philippus in the 
 Symposium of Xenophon, Ergastilus in the Cap- 
 iivi, and Gelasimus in the Stichus of Plautus. The 
 isecond class are tlie K6\aKss or flatterers {iissenta- 
 ores), who, by praising and admiring vain persons, 
 ■ Mideavoiired to obtain an invitation to their house. 
 3natho in the Eunuchus of Terence, and the Arto- 
 a'ogus in the Miles Gloriosus of Plautus, are ad- 
 iiiirable delineations of such characters. The third 
 ■lass are the ^(gaTfivTiKoi or the ofticious, who by a 
 i.uii'ty of services even of the lowest and most de- 
 grading description endeavoured to acquire claims 
 to invitations. (Pint, de Adul. 23 ; de Educat. 17.) 
 Characters of this class are the parasites in the 
 Asinaria and Menaechmi of Plautus, and more 
 ."■speciallj' the Curcuho and Saturio in the Persa of 
 Plautus, and the Phormio of Terence. From the 
 various statements in comedies and the treatise of 
 .Plutarch, De Aditlatoris et Amki Discriinine, we 
 Isee that parasites alwaj's tried to discover where a 
 .good dinner was to be had, and for this purpose 
 ,they lounged about in the market, the palaestrae, 
 ,the baths, and other public places of resort. After 
 they had fixed upon a person, who was in most 
 cases probably an inexperienced young man, they 
 used every possible means to induce him to invite 
 them. No humiliation and no abuse could deter 
 them from pursuing their plans. Some examples 
 I of the most disgusting humiliations which parasites 
 endured, and even rejoiced in, are mentioned by 
 Athenaeus (vi. p. 249) and Plutarch. {I)e Occult, 
 viv. 1 ; St/mpos. vii. 6 ; compare Diog. Laert. ii. 
 67.) During the time of the Roman emperors a 
 parasite seems to have been a constant guest at the 
 tables of the wealthy. (Lucian, da Parasit. 58.) 
 
 (Compare Becker, Chai-ikles, i. p. 490, &c. ; Le 
 Beau, in the Hisloire de VAcad. dcs Inscript. vol. 
 xxxi. p. 51, &c. ; M. H. E. Meyer, in Ersch und 
 GruJjer^s Enci/clop'ddie., s. v. Parasiten.) [L. S.] 
 nAPA2TA'AE5. [Antae.] 
 nAPA'2TA2I2. A fee of one drachm paid to 
 an arbitrator by the plaintiflF, on bringing his cause 
 before him ; and by the defendant, on putting in 
 1 his answer. The same name was given to the fee 
 ! (perhaps a drachm) paid by the prosecutor in most 
 public causes. (Harpocr. s. v. YlapdsTacris ; Meier, 
 Att. Proc. 614, 615.) [Compare AIAITHTAI', 
 p. 330.] [C. R. K.] 
 
 nAPASTA'TAI. [Eleven, The.] 
 PARAZO'NIUM. [Zona.] 
 nA'PEAPOI. Each of the three superior archons 
 was at liberty to have two assessors (irapeSpoi) 
 chosen by himself, to assist him by advice and other- 
 wise in the performance of his various duties. The 
 assessor, like the magistrate himself, had to under- 
 go a SoKtixaala in the Senate of Five Hundred and 
 before a judicial tribunal, before he could be per- 
 
 PARIES. 717 
 
 mitted to enter upon his labours. He was also to 
 render an account (cufluVij) at the end of the year. 
 The office is called an dpxv by Demosthenes (c. 
 Neaer. 1369). The duties of the archon, magis- 
 terial and judicial, were so numerous, that one of 
 the principal objects of having assessors must have 
 been to enable them to get through their business. 
 We find the vdpeSpos assisting the archon at the 
 Xij^is 5i'/ci)j. (I)emosth. c. /"//eoc. 1332.) He had 
 authority to keep order at public festivals and thea- 
 tres, and to impose a fine on the disorderly. (De- 
 mosth. c. Mid. 572.) As the archons were chosen 
 by lot (kAtjpcotoi'), and might be persons of inferior 
 capacity, and not very well fitted for their station, 
 it might often be useful, or even necessary for 
 them, to procure the assistance of clever men of 
 business. (Demosth. c. jVcofT. 1372.) And per- 
 haps it was intended that the irdpeSpoi should not 
 only assist, but in some measure check and control 
 the power of their principals. They are spoken of 
 as being /Sorjflol, avfxSovXoi koI (pvKaicss. Demo- 
 stlienes accuses Stephanus of buying his place of 
 the "Apxoiv fiaffiXevs. (c. Neaer. 1369.) It was 
 usual to choose relations and friends to be asses- 
 sors ; but they might at any time be dismissed, at 
 least for good cause. (Demosth. c. Necwr. 1373.) 
 The Thesmothetae, though they had no regular 
 ■ndpeSpoi, used to have counsellors (truftgouAoi), 
 who answered the same purpose. (Demosth. c. T/ieoc. 
 1330 ; Schiimann, A?it.jur. pub. Gr. p. 245 ; Meier, 
 Att. Proc. p. 57 — 59.) The oflice of irdpeSpos 
 was called TrapeSpi'a, and to exercise it irapeSpeueii'. 
 
 From the TrdpeSpoi of the archons we must dis- 
 tinguish those who assisted the evBvvoi in examin- 
 ing and auditing magistrates' accounts. The eiiflucoi 
 were a board of ten, and each of them chose two 
 assessors. (Schbmann, Ant. Jur. Pub. Gr. 240; 
 Meier, Att. Proc. 102.) ['ETerNH.] [C. R. K.] 
 nAPEI2rPA<i>H' signifies a fraudulent enrol- 
 ment in the register of citizens. For this an in- 
 dictment lay at Athens called |6Ci'aj •ypa<prj : and, 
 besides, the SrjiUoTai might by their Sia>{/rf(|)i(riy 
 eject any person who was illegally enrolled among 
 them. From their decision there might be an 
 appeal to a court of dicasts ; of which the speech 
 of Demosthenes against Eubulides furnishes an ex- 
 ample. If the dicasts confirmed the decision of the 
 5r)/i(STa(, the appellant party was sold for a slave. 
 Spurious citizens are sometimes called irapiyypa^ 
 TTTot, TTap^yyeypa/x/Mivoi. (Aesch. de Fals. Leg. 38. 
 51. ed. Steph.) The expression ■wapeicrypacfirjs 
 ypa(prj is not Attic. (Schiimann, Ant. Jur. Pah. Gr. 
 206 ; Meier, Ati. Proc. 347—349.) [C. R. K.] 
 nAPEI2rPA*H"2 rPA*H'. [nAPEI2rPA*H'.] 
 PARENTA'LIA. [Funus, p. 443.] 
 PA'RIES (reixi'o!/, Horn. Od. xvi. 165. 343, 
 whence the epithet Teixioccrira, " full of houses,"' 
 applied to cities, II. ii. 559. 046 ; tolxos, 11. ix. 
 219 ; xvi. 212 ; Od. ii. 342 ; vii. 86. 95 ; xx. 302. 
 354, whence ToixopinTTis and Toix^puxoy, " a 
 house-breaker, a thief," and Toixwpuxi'a, " burg- 
 lary"), the wall of a house in contradistinction 
 from mums, the wall of a city. Among the nume- 
 rous methods employed by the ancients in con- 
 structing walls we find mention of the following : — 
 I. The parks cratitius, i. e. the wattled or the 
 lath-and-plaster wall, made of canes or hurdles 
 [Crates], covered with clay. (PHn. H. N. xxxv. 
 1 4. s. 48 ; Festus, s. i\ Solea.) These were used 
 in the original city of Rome to form entire houses 
 (Ovid, Fust. iii. 183; vi. 261 Vitruv. ii. 1); 
 
 1 
 
718 
 
 PARIES. 
 
 PARIES. 
 
 afterwards thoy were coated with mortar instead 
 of clay, and introduced like our lath-and-plaster 
 walls in the interior of houses. 
 
 II. Vitruvius c) mentions as the next step, 
 the practice, common in his time among the Gauls, 
 and continued to our own in Devonshire, of drying 
 square lumps of clay and building them into walls, 
 which were strengthened by means of horizontal 
 bond-timbers {jugamenta) laid at intervals, and 
 which were then covered with thatch. 
 
 III. The paries form<Kens, i. e. the pise wall, 
 made of rammed earth. [Forma.] 
 
 IV. In districts abounding with wood, log-houses 
 were common, constructed, like those of the Sibe- 
 rians and of the modem Americans in the back 
 settlements, of the trunks of trees, which were more 
 or less squared, were then laid upon one another 
 in an horizontal position, and had their interstices 
 filled with chips (schidiis), moss, and clay. After 
 this manner the Colchians erected houses several 
 stories high. (Vitruv. I. c. ; compare Herod, iv. 
 108 ; Vitniv. ii. 9.) 
 
 v. The paries laieritius, i. e. the brick wall. 
 [Later.] Among the Romans the ordinary thick- 
 ness of an outside wall was 18 inches (^sesquipes), 
 being the length of the common or Lydian brick ; 
 but, if the building was more than one story high, 
 the walls at the bottom were either two or three 
 bricks thick (^dip/hit/iii aid tripUnihii) according to 
 circumsfcmces. The Egj-ptians sometimes exhibit- 
 ed a chequered pattern, and perhaps other devices, 
 upon the walls of their houses by the alternation 
 of white and black bricks. (Athen. v. p. 208. c.) 
 The Romans, probably in imitation of the Etru- 
 rians, often cased the highest part of a brick wall 
 with a range of terra-cottas {structura and loriea 
 iestacm, Vitniv. ii. 8; Pallad. de Re Rust. i. 11), 
 eighteen inches high, with projecting cornices, and 
 spouts for discharging the water from the roof. 
 [Antefixa.] 
 
 VI. The rcliculaia slrudura (Plin. H. N. xxxvi. 
 22. s. 51), i. e. the reticulated, or resembling net- 
 work. This structure consists in placing square or 
 lozenge-shaped stones side by side upon their 
 edges, the stones being of small dimensions and 
 cemented by mortar {materia ejc calce et arena). In 
 many cases the mortar has proved more durable 
 than the stone, especially where volcanic tufa is 
 the material employed, as at Baiae in the Bay of 
 Naples, and in the viUa of Hadrian near Tivoli. 
 This kind of building is very common in the an- 
 cient edifices of Italy. Vitruvius says (ii. 8), that 
 it was universally adopted in his time. Walls 
 thus constructed were considered more pleasing to 
 the eye, but less secure than those in which the 
 stones lay upon their flat surfaces. The front of 
 the wall was the only part in which the structure 
 was regular, or the stones cut into a certain form, 
 the interior being rubble-work or concrete {/ar- 
 tura), i. e. fragments and chippings of stone (cae- 
 menia, X^'^'l) imbedded in mortar. Only part of 
 the wall was reticulated : to give it firmness and 
 durability the sides and base were buOt of brick or 
 of squared stones, and horizontal courses of bricks 
 were laid at intervals, extending through the 
 length and thickness of the wall. These circum- 
 stances are well exemplified in the annexed wood- 
 cut, which is copied from the drawing of a wall at 
 Pompeii, executed on the spot by Mr. Mocatta. 
 
 VII. The structura aniii[ua, or incerta, i. e. the 
 wall of irregular masonrj', built of stones, which 
 
 were not squared or cut into any exact form. The 
 necessary consequence of this method of construc- 
 tion was, that a great part of the wall consisted of 
 mortar and rubble-work. (Vitruv. /. c.) 
 
 VIII. The emptedon, i. e. the complicated wall, 
 consisting in fact of three walls joined together. 
 Each side presented regular masonry or brickwork ; 
 but the interior was filled with rubble (faiiura). 
 To bind together the two outside walls, and thus 
 render the whole firm and durable, large stones or 
 courses of brickwork (coagmenta) were placed at 
 intervals, extending through the whole thickness 
 of the waU, as was done also in the Structura Re- 
 ticulata. Walls of this description are not uncom- 
 mon, especially in buildings of considerable size. 
 
 IX. The paries e lapidc quadrato, i. e. the aslilar 
 wall, consisting entirely of stones cut and squared 
 by the chisel. [Dolabra.] This was the most 
 perfect kind of wall, especially when built of mar- 
 ble. The construction of such walls was carried to 
 the highest perfection by the architects of Greece ; 
 the temples of Athens, Corinth, and many cities of 
 Asia Minor still attesting in their ruins the ex- 
 treme skill bestowed upon the erection of walls. 
 Considerable excellence in this art must have been 
 attained by the Greeks even as early as the age of 
 Homer, who derives one of his similes from the 
 " nicely fitted stones " of the wall of a house. (//. 
 xvi. 212.) But probably in this the Cireeks only 
 copied the Asiatics ; for Xenophon came to a de- 
 serted city in Mesopotamia, the brick walls of 
 which were capped by a parapet of " polished shell 
 marble." (Anal/, iii. 4. §. 10.) Instead of using 
 mortar, as in the four last kinds, the ancients gave 
 solidity to their ashlar walls by cutting the stones 
 so exactly as to leave no perceptible space between 
 their contiguous smfaces. A tenon and mortice 
 often united a stone to that which was above it, 
 and the stones which were placed side by side 
 were fastened together with iron cramps (ansis 
 /erreis, Vitruv. I. c.) and lead. (Herod, i. 186; 
 Thucyd. i. 93.) Hence the Coliseum at Rome, 
 and the other grand remains of ancient architec- 
 
PARIES 
 
 PARILILIA. 
 
 719 
 
 are throughout Europe, have been regarded by 
 me moderns as iron and lead mines, and we see 
 "hem mutilated by the pick-axe over all those 
 'loints where cramps and tenons were known to be 
 nserted. As a further method of making the walls 
 inn and compact the Greeks placed at intervals 
 )ond-stones, which they called 5ioT<Jfoi, because 
 lu'y extended through the whole thickness of the 
 vail. The walls of the temple of Jupiter at Cyzi- 
 ■us, built of the marble (the Proconnesian), for 
 vhich that locality has always been renowned, 
 ^.vere ornamented with a gold thread placed over 
 1 ill the seams of the stones. (Plin. H. N'. xxxvi. 
 1'5. s. 22.) Besides conferring the highest degree 
 if beaut}' and solidity, another important recom- 
 mendation of ashlar walls was, that they were the 
 most secure against fire, an advantage, to which 
 St. Paul alludes, when he contrasts the stones, 
 valuable both for material and for workmanship 
 [\i6ovs rtfiiovs), and the gold and silver, which 
 were exhibited in the walls of such a temple as 
 that just mentioned, with the logs of wood, the 
 i thatch, the straw and cane, employed in building 
 .walls of the four first kinds. (1 Cor. iii. 10 — \5.) 
 
 ■ Vitnivius also strongly objects to the paries crati- 
 tiiia on account of its great combustibility (ii. 8. ad 
 
 Cicero, in a single passage of his Topica (§ 4) 
 uses four epithets which were applied to walls. He 
 ^ opposes the paries solidus to the fornimtus, and 
 ' the communis to the diredus. The passage at the 
 same time shows, that the Romans inserted arches 
 '[Fornix] into their "common" or party walls. 
 The annexed woodcut, representing a portion of 
 
 ■ the supposed Thermae at Treves (Wyttenbach's 
 Guide, p. 60) exemplifies the frequent occurrence 
 
 : of arches in all Roman buildings, not only when 
 
 ■ they were intended for windows or doorwaj's, but 
 ' also when they could serve no other use than to 
 
 strengthen the wall. In this " paiies fomicatus " 
 each arch is a combination of two or more concen- 
 
 tric arches, all built of brick. This specimen also 
 shows the alternation of courses of brick and stone, 
 which is a common characteristic of Roman ma- 
 sonry. The ^'■paries solidus," i. e. the wall without 
 openings for windows or doorways, was also called 
 " a blind wall " (Virg. Aen. v. 589) ; and the 
 paries communis (Ovid, Met. iv. 66 ; koivos to7xos, 
 Thucyd. ii. 3), which was the boundary between 
 
 two tenements and common to them both, was 
 called iidergcrinua, al. iutergenrus (Festus, s. v.; 
 Plin. H. N. XXXV. 14. s. 49), and in Greek fiead- 
 Toixos (Athen. vii. p. 281. d),or fie<r6Totxov. {Eph. 
 ii. 14.) The walls, built at right angles to the 
 party-wall for the convenience of the respective 
 families, were the parietcs direxti. 
 
 Walls were adorned, especially in the interior of 
 buildings, in a great variety of ways. Their plane 
 surface was broken by panels. [Abacus.] How- 
 ever coarse and rough their construction might be, 
 every unevenness was removed by a coating, two 
 or three inches thick, of mortar or of plaster with 
 rough-cast, consisting of sand together with stone, 
 brick, and marble, broken and ground to various 
 degrees of fineness. (Vitruv. vii. 3 ; Acts, xxiii. 
 3.) Gypsum also, in the state which we call 
 plaster of Paris, was much used in the more 
 splendid edifices, and was decorated with an 
 endless variety of tasteful devices in bas-relief. 
 Of these ornaments, wrought in stucco (opm 
 all/arium), specimens remain in the " Baths of 
 Titus " at Rome. When the plasterer {lector, 
 Koyidrris) had finished his work {truUissatio, i. e. 
 trowelling ; opus tedorium), in all of which he was 
 directed by the use of the square [Norma], the 
 rule, and the line and plummet [Perpendicu- 
 lum], and in which he aimed at producing a sur- 
 face not only smooth and shining, Init as little as 
 possible liable to crack or decay (Vitruv. vii. 3), 
 he was often succeeded by the painter in fresco 
 {mlo tedorio, Vitruv. I. c). In many cases the 
 plaster or stucco was left without any additional 
 ornament ; and its whiteness and freshness were 
 occasionally restored by washing it with certain 
 fine calcareous or aluminous earths dissolved in 
 milk {paraetotiium, Plin. H. N. xxxv. 6. s. 18; 
 terra Selinusia, 16. s. 5G). A painted wall was 
 commonly divided by the artist into rectangular 
 compartments, which he filled according to his 
 taste and fancy with an endless variety of land- 
 scapes, buildings, gardens, animals, &c. (Vitruv. 
 vii. 5.) [Painting, p. 697.] 
 
 Another method of decorating walls was by en- 
 cnisting them with slabs of marble {crustae). The 
 blocks, designed for this purpose, were cut into 
 thin slabs by the aid of saw-mills. [Mola.] Vari- 
 ous kinds of sand were used in the operation, ac- 
 cording to the hardness of the stone, emery (noma, 
 Plin. H. N, xxxvi. 6. s. 9) being used for the 
 hardest. This art was of high antiquity, and pro- 
 bably Oriental in its origin. The brick walls of 
 the Mausoleum at Halicarnassus, built as early as 
 35.5 B. c, were covered with slabs of Proconnesian 
 marble (Plin. II. N. xxxvi. 6); and this is the 
 most ancient example upon record. In the time 
 of Pliny {H. N. xxxv. 1 ) slabs of a uniform colour 
 were sometimes inlaid with variously coloured ma- 
 terials in such a way as to represent animals and 
 other objects. In short the beautiful invention 
 now called Florentine Mosaic, was then in use for 
 the decoration of the walls of apartments. [Em- 
 blema.] The common kind of Mosaic was also 
 sometimes used in walls as well as in floors and 
 ceilings. The greatest refinement was the attempt 
 to produce the effect of mirrors, which was done 
 by inserting into the wall pieces of black glass 
 manufactured in imitation of obsidian. (Plin. II. 
 N. xxxvi. 26. s. 67.) [House (Roman), p. 495, 
 500 ; Painting, p. 697.] [J. Y.] 
 
 I PARILI'LIA. [Palilia.] 
 
720 PAROPSIS. 
 
 PARMA, dim. PARMULA (Hor. Carm. u. 
 vii. 10), a round shield, three feet in diameter, 
 earned by the t^e/ifes in tlie Roman army (see p. 
 95). Though small, compared with the Clipbus, 
 it was so strongly made as to be a very eft'ectual 
 protection. (Polyb. vi. 20.) This was probably 
 owing to the nse of iron in its frame-work. In 
 the Pyrrhic dance it was raised above the head 
 and struck with a swoi'd so as to emit a loud ring- 
 ing noise. (Claud, de vi. Cons. Honor. 628.) The 
 parma was also worn by the Equites (Sallust, 
 Frag. Hist. L. iv.) ; and for the sake of state and 
 fashion it was sometimes adorned with precious 
 stones. (Propert. iv. ii. 21.) 
 
 We find the term parma often applied to the 
 target [Cetra], which was also a small round 
 shield, and therefore very similar to the parma. 
 (Propert, iv. ii. 40 ; Mela, i. 5. § 1 ; Virg. Ae7i. 
 X. 817.) Virgil, in like manner, applies the term 
 to the clipeiis of the Palladium, because, the statue 
 being small, the shield was small in proportion. 
 {Aen. ii. 175.) 
 
 The annexed woodcut represents a votive parma. 
 
 embossed (ff(l>vp-^\aTov) [Malleus] and gilt, re- 
 presenting on its border, as is supposed, the taking 
 of Rome by the Gauls under Brennus and its re- 
 covery by Camillus. It belonged fomierly to the 
 Woodwardian Museum, and is supposed by anti- 
 quaries to have been made in the time of Claudius 
 or Nero. The boss {umbo) is a grotesque face, 
 surrounded with ram's-horns, foliage, and a twisted 
 beard. (Dodwell, de Parma Woodivardiana, Oxon. 
 1713.) Compare Bernd, Das Woppe7iwesen der 
 G-riechen and R'umer, Bonn, 1841. [J. Y.] 
 
 PARO'PSIS (irapoipi's). Two diiferent mean- 
 ings are given to this word by the Greek gramma- 
 rians ; some intei'pret it as meaning any food eaten 
 with the ot]iov [Opsonium], as the /"ofa, a kind 
 of frumenty or soft cake, broth, or anj' kind of con- 
 diment or sauce (Pollux, vi. 56 ; x. 87 ; Hemsterh. 
 ad loc.) ; and others a saucer, plate, or small dish. 
 (Hesych. and Suidas, s. v.) It is plain, however, 
 from the numerous passages collected by Athenaeus 
 (ix. p. 367, 368), that the word was used in both 
 significations, and was the name of the dish or 
 plate as well as of its contents. (Compare Xen. Q/r. 
 i. 3. § 4 ; Plut. de Add. et Amie. 9 ; St. Matth. 
 xxiii. 26.) The Roman writers seem always to 
 use it in the sense of a dish or plate (Juv. iii. 142 ; 
 
 PASTOPHORUS. 
 
 Mart. xi. 27. 5) ; and according to Charisius it was 
 so called, " quia in eo reponuntur obsonia, et ex eo 
 in mensa comeduntur." The word is also written 
 Parapsis. (Hesych. s. v.; Suet. Gatb. 12 ; Petron. 
 34 ; Dig. 34. tit. 2. s. 19. § 9.) 
 
 PARRICI'DA. [Cornelia Lex de Sicariis.] 
 nAP0ENl'AI or nAPeENErAI are, according 
 to the literal meaning of the word, children bom 
 by umnarried women {ivapBevoi, Horn. 11. xvi. 180). 
 Some writers also designated by this name those 
 legitimate children at Sparta who were born before 
 the mother was introduced into the house of her 
 husband. (Hesych. s. v. ; MiiUer. Dor. iv. 4. § 2.) 
 The partheniae, however, as a distinct class of citi- 
 zens, appear at Sparta after the first Messenian war 
 and in connection with tlie foundation of Tarentum ; 
 but the legends as to who they were differ from 
 one another. Hesychius says that they were the 
 children of Spartan citizens and female slaves ; 
 Autiochus {ap. Strab. vi. 3. p. 43, &c.) states, that 
 they were the sons of those Spartans who took no 
 part in the war against the Messenians. These 
 Spartans were made Helots, and their children 
 were called partheniae, and declared dTip-oi. When 
 they grew up, and were unable to bear their de- 
 grading position at home, they emigrated, and be- 
 came the founders of Tarentum. Ephoms {ap. 
 Strab. vi. 3. p. 45) again related the story in a 
 different manner. When the Messenian war had 
 lasted for a considerable number of years, the 
 Spartan women sent an embassy to the camp of 
 their husbands, complained of their long absence, 
 and stated that the republic would suffer for want 
 of an increase in the number of citizens if the war 
 should continue much longer. Their husbands, 
 who were bound by an oath not to leave the 
 field until the Messenians were conquered, sent 
 home all the young men in the camp, who 
 were not bound by that oath, and requested them 
 to cohabit with the maidens at Sparta. The chil- 
 dren thus produced were called partheniae. On 
 the return of the Spartans from Messenia, these 
 partheniae were not treated as citizens, and accord- 
 ingly united with the Helots to wage war against 
 the Spartans. But when this plan was found im- 
 practicable, they emigrated and founded the colony 
 of Tarentum. (Compare Theopomp. ap. Allien, vi. 
 p. 271 ; 'EnETNAKTAl'.) These stories seem to 
 be nothing but distortions of some historical fact. 
 The Spartans at a time of great distress had per- 
 haps allowed marriages between Spartans and 
 slaves or Laconians, or had admitted a number of 
 persons to the franchise, but afterwards endeavoured 
 to curtail the privileges of these new citizens, which 
 led to insurrection and emigration. (See Thirlwall, 
 Hist, of Greece, i. p. 352, &C.) [L. S.] 
 
 PASSUS, a measure of length, which consisted 
 of five Roman feet. (Colum. v. 1 ; Vitruv. x. 14.) 
 [Pes.] The passus was not the step, or distance 
 from heel to heel, when the feet were at their 
 utmost ordinary extension, but the distance from 
 tlie point which the heel leaves to that in which it 
 is set down. The inilk passuum, or thousand 
 paces, was the common name of the Roman mUe. 
 
 [MiLLIARB.] 
 
 PASTO'PHORUS {Tra(Tro<p6gos). The shawl, 
 richly interwoven with gold (xgucoTaiTToy), and 
 displaying various symboUcal or mythological 
 figures, was much used in religious ceremonies to 
 conduce to their splendour, to explain their signifi- 
 cation, and also to veil their solemnity. The 
 
PATERA. 
 
 PATERA. 
 
 721 
 
 maidens, who carried the figured peplus in the 
 Panathenaea at Athens, were called dpl)rj(p6goi. 
 In Eg-ypt the priests of Isis and Osiris, who pro- 
 halily fulfilled a similar office, were denohiinated 
 ,ira(TTO(p6yoi, and were incorporated. (I)iod. Sic. i. 
 |29 ; Porphyr. de Ahstiii. iv. 8 ; Apul. MH. xi. p. 
 |124. 108. ed. Aldi.) They appear to have ex- 
 ■ tended tliemselves together with the extension of 
 fthe Eg^vptian worship over parts of Greece and 
 Italy, so that " the College of the Pastophori of 
 Industria," a city of Liguria, is mentioned in an 
 ^inscription found near Turin. (Maff'ei, il/«s. Veron. 
 ip. 230.) The Egyptian college was divided into 
 minor companies, each containing ten pastophori, 
 and each having at its head a leader who was 
 called dcciirio fjuinqucnnalis, because he was ap- 
 .poiiited for five years. (Apul. Met. xi. ad fin.) 
 ^Besides carrying the Tracrrrfs, or sacred ornamental 
 shawl, they pei-fonned other duties in connection 
 with the worship of the temple. It was the office 
 of this class of priests to raise the shawl with the 
 perfonnance of an appropriate chaunt, so as to dis- 
 cover the god seated or stiinding in the adytum 
 .(Clem. Alex. Puedag. iii. 2), and generally to show 
 (ithe temple with its sacred utensils, of which, like 
 modern sacristans, the}' had the custody. (Hora- 
 pollo, Hier. i. 41.) In consequence of the sup- 
 posed influence of Isis and her priesthood in 
 |healing diseases, the pastophori obtained a high 
 rank as physicians. (Clem. Alex. Strom, vi. 4. 
 |P. 7.58. ed. Potter.) 
 
 It must be observed, that according to another 
 [interpretation of Trao-To'y, the pastophori were so 
 [denominated from carrying, not a shawl, but a 
 slirine or small chapel, containing the image of the 
 Igod. Supposing this etymology to be correct, it is 
 no less true that the pastophori sustained the va- 
 [rious offices which have here been assigned to 
 ithem. 
 
 [ It was indispensably requisite, that so numerous 
 pnd important a body of men should ha.ve a resi- 
 fdence appropriated to them in the temple to which 
 they belonged. This residence was called -nadTo- 
 (pooiov. The common use of the term, as applied 
 by the Greeks to Egyptian temples, led to its ap- 
 plication to the corresponding part of the temple at 
 Jerusalem bj- Josephus {/ic/l. Jud. iv. 12), and by 
 the authors of the Alexandrine version of the Old 
 Testament. (1 Cliron. ix. 26. 33 ; xxiii. 28 ; Jer. 
 xxxv. 4; 1 Mace. iv. 38. 57.) [J. Y.] 
 
 PATER FAMl'LIAE. [Familia ; Mar- 
 riage (Roman) ; Patria Potestas.] 
 PATER PATRA'TUS. [Fetiales.] 
 PA'TERA, dim. PATELLA (<|)iaAr)), a round 
 dish; a plate; a saucer. Macrobius {Sat. v. 21), 
 explaining the difference between the patera and 
 the Carchesium, says that the former received its 
 name from its flat expanded fonn {planum ac pa- 
 tens). The paterae of the most common kind are 
 thus described by Festus (s. r. Patellae), " Vasa 
 picata parva, sacrifieiis faciendis apta." {Nigra 
 patella. Mart. v. 120; Ruhicunda testa, xiv. 114.) 
 They were small plates of the common red earthen- 
 ware, on which an ornamental pattern was drawn 
 in the manner described under the article F"ictile 
 (p. 418), and which were sometimes entirely black. 
 Numerous specimens of them may be seen in the 
 British Museum, and in other collections of ancient 
 fictile vases. The more valuable paterae were 
 metallic, being chiefly of bronze : but every family, 
 raised above poverty, possessed one of silver 
 
 {dpyvpls), together with a silver salt-cellar. [Sali- 
 NUM.] (Plin. Jf. N. xxxiii. 12. s. ,54.) In opulent 
 houses there was a plate of gold {xpvtris, Athen. 
 xi. p. 497. .502 ; Pind. 01. vii. 1—3 ; Virg. Georg. 
 ii. 1.12). These metallic plates were often adorned 
 with figures, engraved or embossed upon tliem. 
 (Cic. Verr. ii. iv. 21 ; Xen. Anuh. iv. 7. § 27 ; vii. 
 3. § 27.) A beautiful specimen is presented in the 
 woodcut to the article Libra ; and the accompany- 
 ing woodcut exhibits a highly ornamented dish, 
 also of bronze, designed to be used in the worship 
 of Mars, and found at Pompeii. (Donaldson's 
 Pomp. V. ii. pL 78.) The view of the upper sur- 
 face is accompanied by a side-view, showing the 
 
 form and depth of the vessel. The ornamental 
 paterae sometimes represented leaves of fern, which 
 probably diverged from the centre { filicatae, Cic. 
 Parad. i. § 2). Gems were set in others. (Cic. 
 Verr. ii. iv. 24 ; Virg. Aen. i. 728. 739 ; Treb. Poll. 
 Claud, p. 208. ed. Salinas.) We read also of an 
 amber dish {eleetritiam), having in the centre the 
 countenance of Alexander the Great, and his his- 
 tory represented on the border. (Treb. Poll. Triif. 
 Tyr. 13.) The annexed woodcut contains a view 
 and section of a plate of white marble in the British 
 Museum, which was found in tlie ruins of Hadrian's 
 Villa, and purchased by Mr. Townley. It is 14 
 inches in diameter, and 1| high. It is cut with 
 
 3 A 
 
722 
 
 PATHOLOGIA. 
 
 PATHOLOGIA. 
 
 skill and delicacy, the marble not being much more 
 than a quarter of an inch thick. In the centre 
 is sculptured a female bacchante in a long 
 tunic and with a scarf [Chlamvs] floating over 
 her head. This centre-piece is encircled by a 
 wreath of ivy. The decorations indicate the ap- 
 propriation of the plate to the worship of Bacchus. 
 
 Plates were sometimes made so as to be used 
 with either side downward, and were then distin- 
 guished by the epitliet djj.(pl6eTos. (Horn. II. xxiii. 
 270. GIG.) In these the under surface was orna- 
 mented as well as the upper. The Massilians and 
 other Ionic Greeks commonly placed the under 
 surface uppermost. Plates were further distin- 
 guished from one another by being either with or 
 without a base (;ru0jur)i'), a boss in the middle 
 (ofi*oAii)TJj, fi€(r6fi(paXos, <p6ois), feet (/SoAaroiTTj ), 
 and handles. (Athen. xi. p. .'iOl, 502.) In the 
 preceding woodcuts the bronze patera has one 
 handle : both the paterae are made to stand upon 
 a low base. 
 
 Small plates were sometimes used in cooking 
 (Plin. H. N. XXX. 8. s. 21 ), an operation more com- 
 monly performed in pots [Olla] and basins or 
 bowls. [Patina.] They were used at meals to 
 eat upon as we use them (Varro, Eumcn. ap. Nmi. 
 Mure. XV. 6 ; Hor. Epist. 1. v. 2), although it ap- 
 pears that very religious persons abstained from 
 this practice on account of the customary employ- 
 ment of them in sacrificing to the gods. (Cic. Fin. 
 ii. 7.) A larger plate, in fact a round dish, was 
 used to bring to table such an article of food as a 
 flat fish. (Mart. xiii. 81.) Mustard (Plin. //. A^. 
 xix. 8. s. 54) and ointments (Xcnophanes, p. 68. 
 ed. Karsten) were brought in saucers. The Greeks 
 also drank wine out of plates or saucers (Xen. 
 Conv. ii. 23), as we see in the woodcut on p. 302, 
 which represents a symposium, and in which the 
 second and third figures from the right hand have 
 each a saucer. It was, however, one of the refine- 
 ments of luxury among the Asiatics, that the cup- 
 bearer used the plate as a waiter to hold the cup 
 into which he poured the wine ; and, as the plate 
 was without a handle (af6u wtcdj'), he took hold of 
 it adroitly with three oAiis fingers. (Xen. Cyi: i. 
 3. § 8, 90 
 
 The use of paterae at meals no doubt gave origin 
 to the employment of them in sacrifices. On 
 these occasions they held either solid food (niKpov 
 Kpias, Varro, Mim. ap. IVon. Marc. I. c. ; ci/ios, 
 Ovid, Fast. vi. 310), or any liquid intended to be 
 poured out as a libation. (Virg. Aeji. iii. 67 ; iv. 
 60 ; V. 98 ; vi. 249 ; vii. 133 ; xii. 174 ; Ovid, 
 Met ix. 160; Fast. ii. 634 ; iv. 934 ; Val. Flacc. 
 v. 192 ; Juv. iii. 26 ; Heliodor. Act/nop. ii. p. 98 ; 
 Athen. xi. p. 482.) We find them continually 
 represented in conjunction with the other instru- 
 ments of sacrifice upon coins, gems, altars, bas- 
 reliefs, and the friezes of temples. In the ancient 
 Doric temple at Rome, now dedicated to St. 
 Adrian, the tasteful patera and the cranium of the 
 bull are alternately sculptured on the metopes. 
 (Labacco, Atit. di Roma, 16, 17.) 
 
 Plates of the most precious materials and of the 
 finest workmanship were sometimes given as prizes 
 at the public games. (Horn. //. xxiii. 270 ; Pind. 
 hth. i. 20.) [.I. Y.] 
 
 PATHOLO'GIA (naeoAoyiicr}), one of the five 
 parts into which, according to some authors, the 
 science of Medicine among the ancients was di- 
 vided [Medicina], which, as its name implies 
 
 (iroSor, disease, and A070J, a discourse), had for its 
 especial object the whole doctrine of disease, in 
 what it consists, from what it springs, what changes 
 it effects in the human frame, &c. It would be 
 impossible here to attempt anything like a complete 
 analysis of the opinions of the ancients on this 
 subject ; it will perhaps be sufficient to notice the 
 doctrines of the two principal phj-sicians of anti- 
 quity, Hippocrates and Galen, and to give a 
 list of such of their treatises on the subject, 
 as are still extant, referring the reader for a 
 more detailed account to the Histories of Medi- 
 cine by Le Clerc and Sprengel, and especially 
 to a little work by Sophocles ab Oeconomus, 
 entitled " Specimen Pathologiae Generalis Veterum 
 Graeconim," Berol. 8vo. 1833. Hippocrates, says 
 Sprengel {Hist, de la Med.), in his pathology oc- 
 cupied himself much less about the immediate than 
 the remote causes of diseases. It is true that he ad- 
 mitted the theory of elementary humours, but he 
 very rarely makes use of it in the explanation of 
 the causes of dilFerent aifections, and always in an 
 indirect and obscure manner. We find in his 
 writings very few speculations upon the essence of 
 diseases. In the treatise Ilepl tcSv K((paKf 
 TpavjxaTwv, " De Capitis Vulneribus" (torn. iii. 
 p. 362. ed. Kuhn), he explains inflammation by 
 the blood's flowing into parts into which it had not 
 penetrated before. In another passage (Aphor. 
 Sect. V. § 62. tom. iii. p. 747) he has recourse to 
 the elementary qualities to account for barrenness. 
 He points out two general causes of spasms, ful- 
 ness and emptiness (Aplior. sect. vi. § 39. p. 754), 
 and refers all e.xternal irritations to these two 
 causes. He explains the formation of urinary 
 calculi in a very simple manner : these extraneous 
 bodies are owing to the accumulation of sandy 
 particles contained in the urine. {Ajihor. sect. ii. 
 § 71. p. 738.) Galen in a very important "passage 
 {Comment, i. in Li/j. de Artie, p. 312. tom. xviii. A. 
 ed. Kiihn) says that " Hippocrates never deigned 
 to admit the causes of diseases according to his 
 imagination ; he was convinced that it was always 
 safer to refer them to phenomena that were plainly 
 recognised. Thus he never proposes his own 
 method of cure, but when he behoves it founded 
 on experience." He rendered a great service to 
 Patl'.ology by not multipl^-ing to infinity, like the 
 physicians of the Cnidian school [Medicina, p. 
 609], the number of the sorts of diseases, and by 
 observing with scrupulous attention the essential 
 difterence which exists between the same symptoms 
 according as they arise from different causes. 
 (Galen, De Mcth. Med. lib. i. p. 15. tom. x.) It 
 is upon these principles that he founded his excel- 
 lent axioms of diagnosis, and complained that 
 physicians had not sufficient experience to recog- 
 nise whether weakness in diseases was the conse- 
 quence of the emptiness of the vessels, of some 
 other imtation, or of pain and the intensity of the 
 malady ; nor could they discern the accidents oc- 
 casioned hy the constitution of the individual. 
 Thus he established between active and passive 
 symptoms a distinction which he believed to be 
 much more important than the classification of dis- 
 eases according to species founded upon pure 
 subtleties. He devoted his whole attention to the 
 remote causes of disease, particularly to the air 
 and winds. He began by explaining the action of 
 heat and cold upon the human body {Aplior. v. 
 sect. V. § 15. tom. iii. p. 740, 741), and then 
 
PATHOLOGIA. 
 
 pointed out the changes that the influence of the 
 If season and weather occasions in the general con- 
 stitution. He thought a dry atmosphere more 
 healthy than a very damp one.{Ap?inr. sect. iii. §15. 
 p. 722.) He regarded the variations of the weather 
 in the different seasons as a sufficient cause for a 
 number of diseases peculiar to each part of the 
 \ > ar. Many of these principles have perhaps only 
 liri.li founded upon a single observation ; indeed 
 sometimes his observations were incorrect, because 
 they were based upon insufficient reasonings. 
 , When, for example, he met with a disease in a 
 town, situated opposite to such or such a quarter 
 of the heavens, he did not fail to attribute it to the 
 ■ influence of the climate. For this reason he attri- 
 'buted abortion and hydrocele to the north ■wind, 
 ' and the fecundity of women to the east wind. He 
 'even went so far as to think that water possessed 
 particular qualities according to the ditt'crent coun- 
 'tries where it was met with and the winds to 
 'which it was exposed. The Humoral Pathology, 
 as it is called, or the theory according to which aU j 
 maladies are explained b}' the mixtiu'e of the four 
 'cardinal humours, viz. Blood, Bile, Mucus or I 
 'Piilegm {^Xeyfia), and Water, is found in the 
 'writings of Hippocrates, and is still more develop- 
 'ed by Plato. The common source of all these 
 'humours is the stomach, from whence they are 
 attracted by different organs when diseases de- 
 ■velope themselves. {De Morb. lib. iv. tom. ii. p. 
 32.5.) To each of these four humours was assigned 
 .a particular source ; the bile is prepared in the 
 liver, the mucus in the head, and the water in the 
 spleen. (Ibid.) The bile causes all the acute dis- 
 ?ases ; the mucus contained in the head occasions 
 ;it;iniis and rheumatism (Z)c Loc. in Hum. tom. ii. 
 >. 11!)); dropsy depends upon an affection of the 
 -pleen. {Dc Affect, tom. ii. p. 399, 400.) The 
 'piantity of the bile determines the type of the 
 :Vver, which is cojtiimted (otjcoxos) if the mass of 
 liU fluid is as considerable as it can be ; quotidiati 
 t it is less abundant ; tertian if it is still less ; and 
 piarta?i if there is mixed with it a certain propor- 
 ition of viscous black bile, or atrabile. {De Nat. 
 Horn. tom. i. p. 369, 370.) This theory of the 
 Humours is also exposed in a much more simple 
 manner in another work, in which the author attri- 
 butes all diseases to the mucus and bile. (Dc Morb. 
 lib. i. tom. ii. p. 167.) The Humoral Pathology 
 ■was developed by the pupils of Hippocrates with 
 'much greater precision than it had been before ; it 
 'formed the most essential part of the system of the 
 Dogmatici, and has been the basis of all those 
 ' nvented since. [Dogmatici.] 
 
 The following is Sprengel's analysis of the 
 Pathology of Galen. He defines health to be that 
 state in which the body is exempt from pain, and 
 performs its usual functions without obstacle ; and 
 lisease to be the contrary to this, viz. that state of 
 hi; Ijody (Sidfleo-is, KaraaK^vq,) in which the func- 
 iims are disturbed. {De Dif. Sympt. lib. iii. p. 
 13, 44. tom. vii. ed. Kuhii ; Meth. Med. lib. i. p. 
 11. lib. ii. p. 81. tom. x. ; De Diff. Morb. c. ii. 
 ). 837. torn, vi.) One must not confound with 
 his state the affeetio?i, (iroSos,) that is to say, 
 he effect of this disturbance of the functions. ( Dc 
 Diff. Si/mpi. I. c. ; De Locis Affect, lib. i. c. 3. 
 om. viii. p. 32.) That which determines this in- 
 ury is the cause of the disease, the sensible effects 
 )f which are the ^irt'yevvriij.aTa, or symptoms. 
 De Diff: Si/mpi. lib. iii. p. 43 ; Meth. Med. lib. ii. 
 
 PATHOLOGIA. 
 
 723 
 
 p. 81. tom. X.) Diseases (S<a0e(ris) are unnatural 
 states either of the similar parts (iij.utofi€prj), or of 
 the organs themselves (dpyaviicd). (Ibid. lib. ix. 
 p. 6'4(i.) Those of the similar parts proceed in 
 general from the want of proportion among the 
 elements (De Diff. 3Iorb. c. ii. p. 840. tom. vi.), 
 of which one or two predominate. (Meth. McjI. 
 lib. ix. p. 646. tom. x.) In this manner arise 
 eight different SvaKpdcriai. (De Anomal. Dyseras. 
 p. 739. tom. vii.) The affections of the organs 
 themselves depend upon the number, the figure, 
 the quantity, or the situation of the parts. (Meth. 
 Med. I. c.) Symptoms consist either in the derange- 
 ment of a function or in the vicious state of the 
 secretions. (Meth. Med. lib. xii. p. 811. tom. x.; 
 De Diff. Si/mpt. p. 50. tom. vii.) The causes of 
 disease are remote or proximate : the former con- 
 tribute, up to a certain point, to the development 
 of diseases ; but they must agree perfectly with 
 each other to give rise to a proximate cause. Thej' 
 may be external or internal ; Galen calls the latter 
 u7/teccde>it, Trporiyovfieyai, and the former primitive, 
 irpoKaTapKTiKal. (Dc Taeiida Valet, lib. iv. p. 236. 
 tom. vi.) Those which are internal depend almost 
 always on the superabundance (TrA-iJAos) or the de- 
 terioration of the humours (KczvoxuM't). (De Tu- 
 enda Vahd. lib. vi. p. 407. torn, vi.) When the 
 blood is in too great a quantity, it is of import- 
 ance to determine whether this superabundance is 
 absolute, or only with reference to the strength 
 of the patient. Hence arise two kinds of plethora 
 which the modern schools have adopted. (De 
 Pkiiitudine, cap. 3. p. 522. tom. vii.) Galen 
 gives to every disorder of the humours the name of 
 putridity, which takes place every time that a 
 stagnant humour is exposed to a high temperature 
 without evaporating. (Meth. Med. lib. ix. cap. 10. 
 p. 763. tom. X.) For this reason suppuration and 
 even the sediment of urine are proofs of putridity. 
 (Comm. 3 in Lib. iii. Hippocr. Epidem. p. 740. 
 tom. xvii. a.) In every fever there is a kind of 
 putridity which gives out an unnatural heat, which 
 becomes the cause of fever, because the heart and 
 afterwards the arterial system takes part in it. 
 (De Venae Sect. Therap. p. 264. tom. xi.) All 
 fevers arise from a deterioration of hmnours,with the 
 exception of the ephemeral fever, which proceeds 
 from a particular affection of the TryeOjua. (De 
 Differ, luiir. Kb. i. p. 295, 296. tom. vii.) Among 
 the intermittent fevers, Galen attributes the quoti- 
 dian to the disorder of the phlegm, the tertian to 
 that of the bile, and the i/uartan to the putrefaction 
 of the black bile, or atrabile. This last humour 
 being the most difficult to set in motion, requires 
 also the most time to bring on the attack. A vcrj- 
 extraordinarj' thing, says Sprengel, is, that this 
 arbitnirj' hypothesis is reaUy supported by a great 
 number of facts ; and hence it has found even in 
 modem times man}' supporters of no common 
 merit. (De Diff. Febr. lib. ii. p. 336. tom. vii. ; 
 compare Eisner's " Bej-trage zur Fieberlehre," 
 Kijnigsb. 1789. 8vo.) Galen, like Hippocrates, 
 explains inflammation very simply by the intro- 
 duction of the blood into a part which did not before 
 contain any. (Meth. Med. lib. xiii. p. 870. tom. x.) 
 If the pinciuna insinuates itself at the same time, 
 the inflammation is then pneumatic, vvevpiaTCiiSrjs : 
 it is on the other hand pure, <p\eyixovcuSris, when 
 the blood penetrates alone ; ocdematous, olorifiaTui- 
 5r;?, if it is accompanied by phlegm ; erysipelatous, 
 ipvcnir^KaroiSris, when bile is joined with it, 
 
 3 A 2 
 
724 
 
 PATINA. 
 
 and scJiirrous, <r/ci(5p(u5rjs, if accompanied hy atra- 
 bile. {Ibid. p. 879. torn, x.) lie made the same 
 division of hemorrhage as is admitted in the pre- 
 sent day ; he divides it into that which is produced 
 by anastomosis, dilatation, &c. {Aleih, Med. lib. v. 
 p. 31 1. tom. X.) 
 
 The following are the titles of the works relating 
 to Pathology that are found in the collection of 
 writings that bear the name of Hippocrates, but 
 of these none are undouljtedly genuine (see 
 Choulant, " Ilandbuch der Biicherkunde flir die 
 Aeltere Medicin," Leipzig 1841) : — 1. U(pl Nou- 
 0-0)1', " De Morbis 2. Depl UaOuv, " De Affec- 
 tionibus .S. rifpl rav 'Ei-tos Ua6ijiv, " De lu- 
 temis Atfectionibus 4. Uepl Uafieevioiu, " De 
 Virginum Morbis 5. ITepl rwaiKeiris i>dcnos, 
 " De Natura Muliebri ;" 6. Ilepl rwMKe'ioiv, " De 
 Mulierum Morbis 7. Ilepl 'Acpopwv, " De Steri- 
 libus and 8. Ilepl "Ovf/ios, " De Visu." The 
 principal Pathological works of Galen are, 1. his 
 six books Ilepi twv TIcttopBot av Tottwu, " De Locis 
 Affectis "2. riepl Aia<popai t^oarifidrcDV, " De 
 DifFerentiis Morborum ;" 3. Tlepl rav iv toTs 
 NoailfiaiTtv 'AiTicui', " De Morborum Causis." 
 There is also much matter relating to the subject 
 of Pathology to be found in several other parts of 
 his works. [W. A. O.] 
 
 PATI'BULUM. [FuRCA.] 
 
 PA'TINA (\eKdvri, dim. KiKaviov al. XfKcipiov, 
 \eKavL(rK7), Athcn. vi. p. 2()8, Ae/cacls, second dim. 
 Ae/cai'i'Sioc, Bckker, Anec. 794), a basin or bowl of 
 earthenware, rarely of bronze (Pallad. de Re Riist. 
 i. 40; Plin. //. A'^ xxxiv. II. s. 25) or silver. 
 (Treb. Poll. Claud, p. 208. c.) 
 
 A patina, covered witli a lid {operculum), was 
 sometimes used to keep grapes instead of a jar 
 (Col. dc lie Rust. xii. 43), a proof that this vessel 
 was of a form intemiediate between the Patera and 
 the Olla, not so flat as the former, nor so deep as 
 the latter. Hence it is compared to the outer. 
 (Schol. in Aristoph. Acharn. 1109.) [KPATH'P.] 
 This account of its shape accords with a variety of 
 uses to which it was applied, viz., to hold water 
 and a sponge for washing (Aristoph. Vesp. .598), 
 and clay for making bricks {Ares, 1143. 11 4()), in 
 vomiting {Nuh. 904), and in smelting the ore of 
 quicksilver. (Plin. H. N. xxxiii. 8. s. 41.) But 
 its most frequent use was in cookery and phar- 
 macy. (Plin. H. N. xxiii. 2. s. 33.) Although the 
 patera and the olla were also used, the articles of 
 diet were commonly prepared, sometimes over a 
 fire (Plaut. Pseud, iii. ii. 51 ; PUn. H. N. xviii. 
 11. s. 26 ; xxii. 25. s. 80), and sometimes without 
 fire, in a patina, and more especially when they 
 were accompanied with sauce or fluid. (Hor. Sat. 
 I. iii. 80.) Hence the word occurs in almost 
 every page of Apicius De Opsoniis [Opsonium] ; 
 and hence came its synonym, o^'oSo/ct;. (Photius, 
 Zer. s. V.) In the same bowl the food was com- 
 monly brought to table (Xen. Ct/rop. i. 3. § 4 ; 
 Athen. iv. p. 149. f. ; Plaut. Mil. iii. i. 164 ; Ter. 
 Eun. IV. viL 46 ; Hor. Sat. n. viii. 43), an example 
 of which is KiKaviov twv \aytiuv Kpeav, i. e. " a 
 basin of stewed hare." (Aristoph. Acharn. 1109.) 
 But it is to be observed, that dishes [Lanx, Pa- 
 tera] were used to bring to table those articles of 
 food, the form and solidity of which were adapted 
 to such vessels. 
 
 The silver howl was sometimes ornamented, as 
 with ivy-leaves {liederaia, Trcb. Poll. /. c), or by 
 the insertion of mirrors {specillata, Fl. Vopisc. Pto- 
 
 PATRIA POTESTAS. 
 
 bus, p. 234. ed. Salmasii). These bowls weighed 
 from 10 to 20 lbs. each. Vitellius, wishing to olj- 
 tain an earthenware bowl of immense size, had a 
 furnace constructed on purpose to bake it. (Plin. 
 H. N. XXXV. 12. s. 46 ; Juv. iv. 130—134.) 
 
 A method of divination by the use of a basin 
 {KfKavofiavTe'ia) is mentioned by Tzetzes on Lyco- 
 phron, V. 813. [J. Y.] 
 
 PATRES. [Patricii.] 
 
 PA'TRIA POTESTAS. Potestas signifies 
 generally a power or faculty of any kind by 
 which we do Any thing. " Potestas," says 
 Pauhis (Dig. 50. tit. 16. s. 225), " has several 
 significations : when applied to IMagistratus, it is 
 Imperium ; in the case of Children, it is the Patria 
 Potestas ; in the case of Slaves, it is Dominium." 
 According to Paulus then, Potestas, as applied to 
 Magistratus, is equivalent to Imperium. Thus we 
 find Potestas associated with the adjectives Prae- 
 toria, Consularis. But Potestas is ajiplied to Ma- 
 gistrates who had not the Imperium, as for in- 
 stance to Quaestors and Trilmni Plel)is (Cic. pro 
 Cluent. c. 27); and Potestas and Imperium are 
 often opposed in Cicero. Thus it seems that this 
 word Potestas, like many other Roman tenns, had 
 both a wider signification and a narrower one. In 
 its wider signification it might mean all the power 
 that was delegated to any person by the State, 
 whatever might be the extent of that power. In 
 its narrower significations, it was on the one hand 
 equivalent to Imperium ; and on the other, it ex- 
 pressed the power of those functionaries who had 
 not the Imperium. Sometimes it was used to ex- 
 press a Magistratus, as a person (Sueton. Chml. 
 13; Juv. Sat. x. 100); and hence in the Italian 
 language the word Podesta signifies a Magistrate. 
 
 Potestas is also one of the words by which is ex- 
 pressed the power that one private person has ovei 
 another, the other two being Manus and Mancipium 
 The Potestas is either Dominica, that is, owner- 
 ship as exhibited in the relation of Master and 
 Slave [Servus] ; or Patria as exhibited in thi 
 relation of Father and Child. The Mancipium 
 was framed after the analogy of the Potestas Do 
 minica. [Manxipium.] 
 
 Patria Potestas then signifies the power 
 which a Roman father had over the persons of hi; 
 children, grandchildren, and other descendant; 
 {filii/ami/ias, filiacfamilias), and generally all thi 
 rights which he had by virtue of his paternity 
 The foundation of the Patria Potestas was a lega 
 marriage, and the birth of a child gave it ful 
 effect. [Marriac;e (Roman).] 
 
 It does not seem that the Patria Potestas wa 
 ever viewed among the Romans as absolutel; 
 equivalent to the Dominica Potesti)s, or as involv 
 ing ownership of the child ; and yet the origma 
 notion of the Patria came very near to that of tin 
 Dominica Potestas. Originally the father had thi 
 power of life and death over his son as a membe 
 of his familia : he could sell him and so bring hin 
 into the mancipii causa ; and he had the jus noxai 
 dandi as a necessary consequence of his bein; 
 liable for the delicts of his child. He could als' 
 give his daughter in marriage, or give a wife t< 
 his son, divorce his child, give him in adoption, am 
 emancipate him at his pleasure. 
 
 The father could exheredate his son, he couli 
 substitute another person as heir to him [IIeres] 
 and he could by his will appoint him a tutor. 
 
 Tlie general rights and disabilities of a filiu.' 
 
PATRIA POTESTAS. 
 
 PATRIA POTESTAS. 725 
 
 irailias may bo tlius briefly expressed — " The 
 'hild is incapable, in his private rights, of any 
 ! lower or dominion; in every other respect he is 
 t apable of legal rights." (Savigny, Si/stciii, &c., ii. 
 ! )2.) The incapacity of the child is not really an 
 ■Incapacity of acquiring legal riglits, for the child 
 il^ould acquire by contract, for instance ; but every 
 hing that he acquired, was acquired for his father, 
 i As to matters that belonged to the Jus Publi- 
 lum, the son laboured under no incapacities: he 
 ponld vote at the Coniitia Tributa, he could fill a 
 fnagistratus ; and he could be a tutor: for the 
 Sfutela was considered a part of Jus Publicum. 
 I The child had Conuubiura and Comniercium, 
 ]ike any Roman citizen who was sui juris, but 
 i;hese legal capacities brought to him no present 
 Ijiower or ownership. His maniage was legal 
 justum), but if it was accompanied with the In 
 Manum conventio, his wife came into the power of 
 lis father and not into tlie power of the son. The 
 ion's children were in all cases in the power of 
 ' heir grandfather, when the son was. 
 \ Inasmuch as he had Conmiercium, he could be 
 I witness to Mancipationes and Testaments ; but 
 I le could not have property nor servitutes. He 
 ( lad the testamenti factio, as already stated, so far 
 is to be a witness to a testament ; but he could 
 not make a testament, for he had nothing to dis- 
 pose of ; and he could not have a heres. 
 
 He could, as alreadj' observed, acquire rights for 
 "his father by contract, but none for himself, except 
 m the case of an Adstipulatio, an instance which 
 ishows the difference between a son and a slave. 
 ([Obligationes.] But he could incur obligations 
 'md could be sued, like a paterfamilias. The 
 foundation of these rules of law was the maxim 
 'hat the condition of a master could be improved 
 by the acts of his slaves, but not made worse ; and 
 this maxim applied equally to a son and a slave. 
 Between the father and the son no civiles obliga- 
 tioncs could exist; neither of them consequently 
 ciiiild have a right of action against the other. 
 Some writers have supposed that there was a dif- 
 ference between the capacities and incapacities of 
 a filiusfamilias and a filiafamilias as to obligationes ; 
 but the reasons alleged by Savigny seem conclu- 
 sively to show that there wms no difference at aU. 
 
 The incapacity of the child to acquire for him- 
 self and his capacity to acquire for his father, as 
 well as their mutual incapacity of aciiuiring rights 
 ' of action against one another, are viewed by some 
 modern writers as a consequence of a legal unity 
 of person, while others affirm that there is no trace 
 of such a fiction in the Roman law, and that the 
 :t"Uinption is by no means necessary to explain 1 
 thr rule of law. Indeed the fiction of such a unity 
 is quite unnecessary, for the fundamental maxim, 
 already referred to, that a man may be made richer 
 but not poorer by his slaves and children is a 
 simple positive rule. Though the child could not 
 acquire for himself, yet all that he did acquire for 
 his father, might become his own in the event of his 
 father's death, a circumstance which materially dis- ] 
 tinguished the acquisitions of a son from those of a i 
 slave ; and accordingly the son is sometimes, though 
 not with strict propriety, considered as a kind of 
 joint owner with his father. 
 
 The rule as to the incapacity of a filiusfamilias 
 foracquiring property was first varied about the time 
 of Augustus, when the son was empowered to ac- 
 quire for himself and to treat as his own whatever 
 
 he got in military service. This was the Castrense 
 Peculiuni, with respect to which the son was con- 
 sidered as a person sui juris. (Juv. Sut. xvi. 
 51.) But if the filiusfamilias died without having 
 made any disposition of this pcculium, it came to 
 the father, and this continued to be the law till 
 Justinian altered it ; but in this case the pro- 
 perty came as Peculium, not as Hefeditas. The 
 privileges of a filiusfamilias as to the acquisi- 
 tion of property were extended under Constantine 
 to his acquisitions made during the discharge of 
 civil offices, and as this new privilege was framed 
 after the analogy of the Castrense Peculium, it was 
 designated by the name Quasi Castrense Peculium. 
 Further priwleges of the same kind were also given 
 by Constiintine and extended under subsequent 
 emperors (jmiw ijuue pairi nun a'/<jiiiruii!iir). 
 
 The Patria Potestas began with the birth of a 
 child in lawful marriage. If a Roman had by mis- 
 take married a woman with whom he had no con- 
 nubium, thinking that connubium existed, he was 
 allowed to prove his case {causae erroris prohatio), 
 upon doing which the child that had been bom and 
 the wife also became Roman citizens, and from 
 that time the son was in the power of the father. 
 This causae probatio was allowed by a Senatus 
 consultum (Gaius, i. 07), which, as it appears from 
 the context, and a comparison with Ulpian's Frag- 
 ments (vii. 4), was an amendment of the Lex 
 Aelia Sentia. Other instances of the causae pro- 
 batio are mentioned by Gaius. 
 
 It was a condition of the Patria Potestas that 
 the child should be bom in marriage. By the old 
 law then the subsequent marriage of the parents 
 did not legitimate a child born before the marriage. 
 But it seems to have early become the fashion for 
 the Emperor, as an act of grace, to place such child 
 on the same footing as legitimate children. The 
 legitimation per subsequens matrimoniiun only be- 
 came an established rule of law under Constantine, 
 and was introduced for the advantage of children 
 who were born in concubinage. [Con'CUBIna.] In 
 the time of Theodosius II., the rule was esta- 
 blished by which a child was legitimated per obla- 
 tionem curiae. To these two modes of legitima- 
 tion Justinian added that per rescriptum principis. 
 The child thus legitimated came into the familia 
 and the potestas of his father, as if he had been 
 born in lawful marriage. 
 
 The Patria Potestas could also be acquired by 
 either of the modes of Adoption. [Adoption (Ro- 
 man).] 
 
 The Patria Potestas was dissolved in various 
 ways. It was dissolved by the death of the father, 
 upon which event, the grandchildren, if there were 
 any, who had hitherto been in the power of their 
 grandfather, came into the power of their father 
 who was now sui juris. It could also be dissolved 
 in various ways during the lifetime of the father. 
 A maxima or media capitis diminutio either of 
 the parent or chUd dissolved the Patria Potestas ; 
 though in the case of either party sustaining a 
 capitis diminutio by falling into the hands of an 
 enemy, the relation might be revived by Post- 
 liminium. A father who was adrogated, and conse- 
 quentlj' sustained a minima capitis diminutio came 
 together with his children, who had hitherto been 
 in his power, into the power of his adoptive father. 
 The emancipation of the child by the father was a 
 common mode of dissolving the Patria Potestas, 
 and was accompanied by the Minima Capitis dimi- 
 
726 PATRICII. 
 nutio. If a son was elected Flamen Dialis or a 
 daughter was chosen a Vestal, the Patria Potestas 
 ceased; and in the later period it was also dis- 
 solved by the son's attaining certiun civil or eccle- 
 siastical honours. The Potestas of the father 
 might cease without the son becoming sui juris, as 
 in the case of the son being given in adoption. 
 
 The tei-m Patria Potestas strictly expresses the 
 power of the father, as such, which arises from the 
 paternal relation; but the tcnn also imports the 
 rights of the child as a filiusfamilias or filiafamilias. 
 Of these rights the most important was the capa- 
 city of being the suus heres of the father. Gene- 
 rally the parent could emancipate his child at his 
 pleasure, and thus deprive him of the rights of 
 agnation ; but the law in this respect was altered 
 by Justinian (Nov. 89. c. 11), who made the con- 
 sent of the child necessary. [G. L.] 
 
 PATRPCII. This word is evidently a deriva- 
 tive from pater, which frequently occurs in the 
 Roman writers as equivalent to senator. Patricii 
 therefore signifies those who belonged to the patres 
 " rex patres eos (scnatores) voluit nominari, patri- 
 ciosque eorum liberos" (Cic. de Re Pull. ii. 12; 
 Liv. i. 8 ; Dionys. ii. p. 83. ed. Sylburg.) ; though 
 it seems to be a mistake in these writers to 
 suppose that the patricii were only the offspring 
 of the patres in the sense of senators, and neces- 
 sarily connected with them by blood. The con- 
 nection was, as we shall see hereafter, a much 
 wider one, but in consequence of it patres and 
 patricii are sometimes used as convertible terms, 
 so that patricii stands for senators. (Plut. 
 lininul. 13 ; Lydus, dc Mens. i. 20 ; de May. i. 16 ; 
 Niebuhr, Hid. of Rome, i. p. 336.) The words 
 patres and patrkii have thus radically the same 
 meaning, and some of the ancients believed that 
 the name patres was given to that particular class 
 of the Roman population from the fact that they 
 were fathers of families (Plut. Diomjs. I. e.) ; others 
 that they were called so from their age (Sallust, 
 Catil. 6) ; or because they distributed land among 
 the poorer citizens, as fathers did among their chit- 
 dren. (Fest. s. v. Patres Senatores; Lyd. de Mens. 
 iv. 50.) But most writers refer the name to the 
 patrocinium which the patricians exercised over the 
 whole state, and over all classes of persons of whom 
 it was composed. (Plut. and Sallust, I. c; Zonaras, 
 vii. 8 ; Suidas, s. v. UaTpiKioi.) 
 
 In considering who the patricians were, we have 
 to distinguish three periods in the history of Rome. 
 The first extends from the foundation of the city 
 down to the establishment of the plebeians as a 
 second order : the second, from this event down to 
 the time of Constantine, during which time the 
 patricians were a real aristocracy of birth, and as 
 such formed a distinct class of Roman citizens op- 
 posed to the plebeians, and afterwards to the new 
 plebeian aristocracy of the nobiles : the third period 
 extends from Constantine down to the middle ages, 
 .during which the patricians were no longer an 
 aristocracy of birth, but were persons who merely 
 enjoyed a title, first granted by the emperors and 
 afterwards by the popes also. 
 
 First Period: from the foundation of the city, to 
 the establishment of the plebeian order. Niebiihr's 
 researches into the eariy history of Rome liave 
 established it as a fact beyond all doubt, that dur- 
 ing this period the patricians were the whole body 
 of Roman citizens, that they were the popidns Ro- 
 muiius, and that there were no other real citizens 
 
 PATRICII. 
 
 besides them. (Niebuhr, Hist, of Rome, ii. p. 224, 
 225. note 507 ; Cic. jbto Caecin. 35.) The other 
 parts of the Roman popidation, namely clients and 
 slaves, did not belong to the populus Romanus, 
 and were not burghers or patricians. The sena- 
 tors or patres (in the narrower sense of the word) 
 were a select body of the populus or patri- 
 cians, which acted as their representative. The 
 burghers or patricians consisted originally of three 
 distinct tribes, which afterwards became united 
 into the sovereign populus. These tribes had 
 founded settlements upon several of the hills which 
 were subsequently included within the precincts of 
 the city of Rome. Their names were Ramnes, 
 Tities, and Luceres, or Ramnenses, Titienses and 
 Lucerenses. Each of these tribes consisted of ten 
 curiae, and each curia of ten gentes, and of the 
 same number of decuries, which were established 
 for representative and military purposes. [Sena- 
 Tus.] The first tribe, or the Ramnes, were a 
 Latin colony on the Palatine hill, said to have been 
 founded by Romulus. As long as it stood alone, 
 it contained only one hundred gentes, and had a 
 senate of one hundred members. When the Tities, 
 or Sabine settlers on the Quirinal and Viminal 
 hills, under king Tatius, became united with the 
 Ramnes, the number of gentes as well as that of 
 senators was increased to 200. These two tribes 
 after their union continued probably for a consider- 
 able time to be the patricians of Rome, until the 
 third tribe, the Luceres, which chiefly consisted 
 of Etruscans, who had settled on the Caelian 
 HUl, also became united with the other two 
 as a third tribe. When this settlement was made 
 is not certain : some say that it was in the time of 
 Romulus (Fest. s. v. Caelins Afons and Lueeres; 
 Varro, de Liny. Lat. iv. p. 17) ; others that it took 
 place at a later time. (Tacit. Annal. iv. 65 ; Fest. 
 s. V. Tuscuin vieum.) But the Etruscan settlement 
 was in all probability older than that of the Sabines 
 (see Giittling, Gesch. der Rom. Staatsverf. p. 54, 
 &c.), though it seems occasionally to have received 
 new bands of Etruscan settlers even as late as after 
 the establishment of the republic. 
 
 The amalgamation of these three tribes did not 
 take place at once : the union between Latins and 
 Sabines is ascribed to the reign of Ronmlus, though 
 it does not appear to have been quite perfect, since 
 the Latins on some occasions claimed a superiority 
 over the Sabines. (Dionys. ii. p. 123.) The Luceres 
 existed for a long time as a separate tribe without 
 enjoying the same rights as the two other tribes, 
 until Tarquinius Priscus, himself an Etruscan, 
 caused them to be placed on a footing of equality 
 with the others. For this reason he is said to 
 have increased the number of senators to 300 
 (Dionys. iii. p. 1,0,0 ; Liv. i. 35 ; Cic. de Re Publ. 
 ii. 20 ; compare Sen.4TUs), and to have added two 
 vestal virgins to the existing number of four. 
 (Dionys. I. c. ; Fest. s. v. Sex Vestae sacerdotes; 
 Niebuhr, Hist, of Rome, i. p. 302, &c.) The Lu- 
 ceres, however, are, notwithstanding this equalisa- 
 tion, sometimes distinguished from the other tribes 
 bj' the name patres or patriiii minorum yeutium. ; 
 though this name is also applied to other members 
 of the patricians, e.fi. to those plebeian families who 
 were admitted by Tarquinius Priscus into the three 
 tribes, and in comparison with these, the Luceres 
 are again called jialres majurnm (/entiitm. (Compare 
 Niebuhr, i. p. 304, and Giittling, p. 226, &c.) 
 That this distinction between patricii majonun and 
 
PATRini. 
 
 minorum gentium was kept up in private life, at a 
 i time when it had no value whatever in a political 
 • point of view, is clear from Cicero {ad Fani. ix. 
 
 •21 ). TuDus Hostilius admitted several of the 
 t noble gentcs of Alba among the patricians (in 
 ) palres hyil, Liv. i. 30), viz., the TuUii (Julii?), 
 1 Servilii, (^uinctii, Geganii, Curiatii, and Cloclii, to 
 I which Dionysius (iii. p. 1 70) adds the gens Metilia. 
 p Aneus Martius admitted the Tarquinii (Uionys. 
 ! iii. p. 18()), Tarquinius Priscus the Tullii (Dionys. I 
 I iv. p. "208), Serviiis TuUius the Octavii (Sueton. j 
 [ Aug. 1, &c.), and even Tarquinius Superbus seems ■ 
 (j to have had similar intentions. (Dionys. iv. p. 255; | 
 ij Sueton. Vitcll. 1.) We do not hear that the num- j 
 \ ber of gentes was increased by these admissions, 
 ; and must therefore suppose that some of them had | 
 
 I alreadj' become extinct, and that the vacancies 
 ; which thus arose were filled up with these new 
 ) burghers. (Gottling, p. 222.) During the time of 
 ^ the republic, distinguished strangers and wealthy 
 
 II plebeians were occasionally made Roman patricians, 
 \ e. g. Appius Claudius and his gens (Liv. x. 8 ; 
 
 i compare ii. 16 ; Dionys. v. p. 308 ; Sueton. Tib. 1), 
 and Domitius Aenobarbus. (Suet. A'ero, 1.) As 
 regards the kingly period the Roman historians 
 I speak as if the kings had had the power of raising 
 a gens or an individual to the rank of a patrician ; 
 I but it is evident that the king could not do this 
 •! without the consent of the senate and the curies ; 
 f! and hence Livy (iv. 4) makes Canuleius say, " per 
 I cooptationem in patres,aut ab regibus lecti," which 
 ; lectio, of course, required the sanction of the body 
 > of patricians. In the time of the republic such an 
 'i elevation to the rank of patrician could only be 
 I granted by the senate and the populus. (Liv. iv. 
 j 4; X. 8.) 
 
 _ Since there were no other Roman citizens but 
 the patricians during this period, we cannot speak 
 of any rights or privileges belonging to them ex- 
 clusively ; they are all comprehended underClviTAS 
 (Roman) and Gens. Respecting their relations to 
 the kings see Comitia CtrRi.iTA and Senatus. 
 During this early period we can scarcely speak of 
 the patricians as an aristocracy, unless we regard 
 their relation to the clients in this light. [Cliens.] 
 Second Period : from the. establishment of tlie 
 plebeian order to the time of Cunstantine. At the 
 time when the plebeians became a distinct class of 
 citizens, who shared certain rights with the patri- 
 cians, the latter lost in so far as these rights no 
 longer belonged to them exclusively. But by far 
 the greater number of rights, and those the most 
 important ones, still remained in the exclusive 
 possession of the patricians, who alone were 
 cives Optimo jure., and were the patres of the nation 
 in the same sense as before. All civil and religious 
 offices were in their possession, and they continued 
 as before to be the populus, the nation now con- 
 sisting of the populus and the plebes. This dis- 
 tinction, which Livy found in ancient documents 
 (xxv. 12), seems however in the course of time to 
 have fallen into oblivion, so that the historian 
 seems to be scarcely aware of it, and uses populus 
 for the whole body of citizens including the ple- 
 beians. Under the Antonines the term populus 
 signified all the citizens, with the exception of the 
 patricii. (Gaius, i. 3.) In their relation to the 
 plebeians or the conmionalty, the patricians now 
 were a real aristocracy of birth. A person born of 
 a patrician family was and remained a patrician, 
 whether lie was rich or poor, wliether he was a 
 
 PATRICK. 727 
 
 member of the senate, or an eques, or held any of 
 the great offices of the state, or not : there was no 
 power that could make a patrician a plebeian. As 
 regards the census, he might indeed not belong to 
 the wealthy classes, but his rank remained the 
 same. Listances of reduced patricians in the latter 
 period of the republic are, the father of M. Aemi- 
 lius Scauras and the family of the Sullas previous 
 to the time of the great dictator of that name. The 
 only way in which a patrician might become a ple- 
 beian, was when of his own accord he left his gens 
 and curia, gave up the sacra, &c. (Suet. Aug. 2; 
 Liv. iv. IG; Plin. H. N. xviii. 4; Zonar. vii. 15 ; 
 Ascon. Ped. in Scaur, p. 25. ed. Orelli.) A plebeian, 
 on the other hand, or even a stranger, might, as we 
 stated above, be made a patrician by a lex curiata. 
 But this appears to have been done very seldom ; 
 and the- consequence was, that in the course of a 
 few centuries the number of patrician families be- 
 came so rapidly diminished, tliat towards the close 
 of the republic there were not more than fifty such 
 families. (Dionys. i. p. 72.) .lulius Caesar by the 
 lex Cassia raised several plebeian families to the 
 rank of patricians, in order that they might be able 
 to continue to hold the ancient priestly offices 
 which still belonged to their order. (Suet. Caes. 
 41 ; Tacit. Annul, xi. 25 ; Dion Cass, xliii. 47 ; 
 xlv. 2.) Augustus soon after found it necessary 
 to do the same by a lex Saenia. (Tacit. /. c.; Dion 
 Cass. xlix. 43 ; Iii. 42.) Other emperors followed 
 these examples : Claudius raised a number of sena- 
 tors and such persons as were born of illustrious 
 parents to the rank of patricians (Tacit. I.e.; Suet. 
 0th. 1 ), Vespasian, Titus, and other emperors did 
 the same. (Tacit. Agric. 9 ; Capitol. M. Antonin. 
 1 ; Lamprid. Commod. 6.) The expression for this 
 act of raising persons to the rank of patricians was 
 in jMtriciiis or in familiam patriciam adligcre. 
 
 Although the patricians throughout this whole 
 period had the character of an aristocnicy of birth, 
 yet their poUtical rights were not the same at all 
 times. The first centuries of this period are an 
 almost uninternipted struggle between patricians 
 and plebeians, in which the fonuer exerted every 
 means to retain their exclusive rights, but which 
 ended in the establishment of the political equality 
 of the two orders. [Plebs.] Only a few insigni- 
 ficant priestly offices, and the performance of certain 
 ancient religious rites and ceremonies, remained 
 the exclusive privilege of the patricians ; of which 
 they were the prouder, as in former days their re- 
 ligious power and significance were the basis of 
 their political superiority. (See Ambrosch, Sttidien 
 und. Andeuiunyen, Sfc. p. 58^ &c.) At the time 
 when the struggle between patricians and plebeians 
 ceased, a new kind of aristocracy began to arise 
 at Rome, which was partly based upon wealth and 
 partly upon the great offices of the republic, and 
 the term Nobiles was given to all persons whose 
 ancestors had held any of the cm-ule offices. (Com- 
 pare Novi Homines.) This aristocracy of nobiles 
 threw the old patricians as a body still more into 
 the shade, though both classes of aristocrats united 
 as far as was possible to monopolise all the great 
 offices of the state. (Liv. xxii. 34; xxxix. 41); 
 but although the old patricians were obliged in 
 many cases to make common cause with the nobiles, 
 yet they could never suppress the feeling of their 
 own superiority ; and the veneration wliich histori- 
 cal antiquity alone can bestow,ahvays distinguished 
 them as individuals from the nobiles. How much 
 
728 
 
 PATRICII. 
 
 PATRONOMI. 
 
 wealth gradually gained the upper hand, is seen 
 from the measure adopted about the first Punic 
 war, by which the expenses for the public games 
 were no longer given from the aerarium, but were 
 defrayed by the aediles ; and as their office was 
 the first step to the great offices of the republic, 
 that measure was a tacit exclusion of the poorer 
 citizens from those ofiices. Under the emperors 
 the position of the patricians as a body was not 
 improved ; the filling up of the vacancies in their 
 order by the emperors began more and more to as- 
 sume the character of an especial honour, conferred 
 upon a person for his good services or merely for 
 personal distinction, so that the transition from this 
 period to the third had been gradually preparing. 
 
 Respecting the great political and religious privi- 
 leges which the patricians at first possessed alone, 
 but afterwards were compelled to share with the 
 pleljeians, see Plebs and the articles treating of 
 the several Roman magistracies and priestly offices. 
 Compare also Gens ; Curia ; Senatus. 
 
 In their dress and appearance the patricians 
 were scarcely distinguished from the rest of the 
 citizens, unless they were senators, curule magis- 
 trates, or equites, in which case they wore like 
 others the ensigns peculiar to these classes. The 
 only thing by which they appear to have been dis- 
 tinguished in their appearance from other citizens, 
 was a peculiar kind of shoes, which covered the 
 whole foot and part of the leg, though they were 
 not as high as the shoes of senators and curule 
 magistrates. These shoes were fastened with four 
 strings {corrirjiae or lora patricia) and adorned with 
 a lunula on the top. (Senec. De Tranquil, aiiiin. 
 11 ; Plut. Qumst. Rom. 75 ; Stat. Silv. v. '2. -27 ; 
 Martial, i. 50 ; ii. -29.) Festus (s. v. Midkos) 
 states that raullcus was the name of the shoes 
 worn by the patricians ; but the passage of Varro 
 whicli he adduces only shows that the muUei (shoes 
 of a purple colour) were worn by the curole magis- 
 trates. (Compare Dion Cass, xliii. 43.) 
 
 Third Period : from tlie time of Constanline to 
 the middle ages. From the time of Constantine the 
 dignity of patricius was a personal title, which 
 conferred on the person, to whom it was granted, a 
 very high rank and certain privileges. Hitherto 
 patricians had been only genuine Roman citizens, 
 and the dignity had descended from the father to 
 his children ; ljut the new dignity was created at 
 Constantinople, and was not bestowed on old Ro- 
 man famihes ; but it was given, without any regard 
 to persons, to such men as had for a long time dis- 
 tinguished themselves by good and faithfid services 
 to the empire or the emperor. This new dignity 
 was not hereditary, but became extinct with tlie 
 death of the person on whom it was conferred ; 
 and when during this period we read of patrician 
 families, the meaning is only that the head of such 
 a family was a patricius. (Zosim. ii. 40 ; Cassiodor. 
 Vuriar. vi. 2.) The name patricius during this 
 periiid assumed the conventional meaning of father 
 of the emperor (Ammian. Marcellin. xxix. 2 ; Cod. 
 12. tit. .'3. i;5),and thosewhowere thusdistinguished 
 occupied the highest rank among the illustrcs ; the 
 consuls alone ranked higher than a patricius. 
 (Isidor. ix. 4. 1. 3 ; Cod. 3. tit. 24. s. 3 ; 12. tit. 
 3. s. 3.) The titles by which a patricius was dis- 
 tinguished were magnifieentia, celsitudo, emiuentia, 
 and niagnitiido. Tliey were either engaged in 
 actual service (for they generally held the highest 
 offices in the state, at the com't and in the pro- 
 
 vinces), and were then called patricii praesetdales, 
 or they had only the title and were called patricii 
 codicillares or lionorarii. (Cassiod. viii. 9 ; Savaron 
 ad Siflon. Apoll. i. 3.) All of them, however, were 
 distinguished in their appearance and dress from 
 ordinary persons, and seldom appeared before the 
 public otherwise than in a carriage. The emperors 
 were generally very cautious in bestowing this great 
 distinction, though some of the most arbitrary 
 despots conferred the honour upon young men and 
 even on eunuchs. Zeno decreed that no one should 
 be made patricius who had not been consul, prae- 
 fect, or magister militum. (Cod. 3. tit. 24. s. 3.) 
 Justinian, however, did away with some of these 
 restrictions. The elevation to the rank of patricius 
 was testified to the person by a writ called diploma. 
 (Sidon. Apollin. v. 16 ; Suidas, s. v. rpafi/xuTeiSiov ; 
 compare Cassiodor. vi. 2 ; viii. 21, &c.) 
 
 This new dignity was not confined to Romans 
 or subjects of the empire, but was sometimes grant- 
 ed to foreign princes, such as Odoacer, the chief of 
 the Heruli, and others. When the popes of Rome 
 had established their authoritj', they also assumed 
 the right of bestowing the title of patricius on 
 eminent persons and princes, and many of the 
 German emperors were thus distinguislied by the 
 popes. In several of the Gennanic kingdoms the 
 sovereigns imitated the Roman emperors and popes 
 by giving to their most distinguished subjects the 
 title of patricius, but these patricii were at all 
 times much lower in rank than the Roman patricii, 
 a title of which kings and emperors themselves 
 were proud. 
 
 (Rein, in Ersch und Graber''s Enct/clopaedie, s.v. 
 PatrUier.) [L. S.] 
 
 PATRIMI ET MATRIMI, also called Par 
 trimes et Matrimes, were those children who^e 
 parents were both alive (Festus, s.v. Flamitiia ; 
 Matrimes ; called by Dionysius, ii. 22, a.fi(piSa\e7s); 
 in the same way as pater patrimus signifies a 
 father, whose own father is still alive. (Festus, s.v. 
 Pater Patr.) Servius {ad Virg. Georg. 3 1 ), how-< 
 ever, confines the term patrimi et matrimi to chil- 
 dren bom of parents, who had been married by 
 the religious ceremony called confarreatio : it ap- 
 pears probable that this is the correct use of the 
 tenii, and that it was only applied to such children 
 so long as their parents were alive. We know 
 that the flamines majores were obliged to have 
 been born of parents who had been married b}' confar- 
 reatio (Tac. Ann. iv. 16; Gains, i. 112); and as 
 the children called patrimi et nmtrimi are almost 
 always mentioned in connection with religious 
 rites and ceremonies (Cic. de Har. resp. 1 1 ; Liv. 
 xxxvii. 3 ; Gell. i. 12 ; Tacit. Hist. iv. 53 ; Macrob. 
 Saturn. (\ ; Vopisc. Aurel. 19 ; Orelli, Inscr. n. 
 2270), the statement of Servius is rendered more 
 probable, since the same reason, which confined 
 the office of the flainines majores, to those born of 
 parents who had been married by confarreatio, 
 would also ap[)lj- to the children of such marriages, 
 who would probably be thought more suitable for 
 the service of the gods than the offspring of other 
 marriages. (Rein, Das ram. Privatrccht. p. 177; 
 Gottliiig, Geseli. d. rom. Siuutsv. p. 90.) 
 
 PATRO'NOMI {TTarpoiiofioi), were magistrates 
 at Sparta, who exercised, as it were, a paternal 
 power over the whole state. Pausanias (ii. 9. § 1) 
 says, that they were instituted by Cleonieiies, who 
 destroyed tlie power of the yfpovata by establish- 
 ing, patronomi in their place. The yepovaia 
 
PATRONUS. 
 
 however, was not abolislieil by Cleoraenes, as it is 
 again spoken of by Pausanias (iii. 1 1. § "'), ani also 
 in inscriptions. The patronomi are mentioned by 
 Philostratus {Vil. Apollon. iv. 3-2) among the 
 principal magistrates along with the gj'mnasiarchs 
 and ephori ; and their office is also spoken of by 
 Plutarch. {An seni sit resp. ger. c. 24.) Their 
 ! number is uncertain ; but Bcickh (Corp. Inscrip. 
 [ vol. i. p. 605) has shown, that they succeeded to 
 i the powers which the ephori fonnerly possessed, 
 « and that the first patronomus was the eiruvvfios of 
 t the state, that is, gave his name to the year as the 
 . first ephor had formerly done. (Compare MUller, 
 ( Dor. iii. 7. § 8.) 
 
 I PATRO'NUS. The act of manumission cre- 
 j ated a new relation between the manumissor and 
 ji the slave, which was analogous to that between 
 ! father and son. The manumissor became with re- 
 I spect to the manumitted person his Patronus, and 
 1 the manumitted person became the Libertus of the 
 r manumissor. The word Patronus (from Pater) 
 i indicates the nature of the relation. If the manu- 
 f missor was a woman, she became Patrona ; and 
 i the use of this word instead of Matrona, appears 
 i to be explained by the nature of the patronal 
 ( rights. Viewed with reference to the early ages 
 f of Rome, this patronal relation must be considered 
 
 ■ a part of the ancient Clientela ; but from the time 
 of the Twelve Tables at least, which contained 
 legislative provisions generally on the subject of 
 
 |, patronal rights, we may consider the relation of 
 i Piitronus and Libertus as the same both in the 
 ! case of Patrician and Plebeian manumissores. 
 f The Libertus adopted the Gentile name of the 
 I' Manumissor. Cicero's freedman Tiro was called 
 i M. TuUius Tiro. The Libertus owed respect and 
 
 ■ gratitude to his patron, and in ancient times the 
 patron might punish him in a summary way for 
 neglecting those duties. This obligation extended 
 to the cliildren of the Libertus, and the duty was 
 due to the children of the patron. In later times 
 tlie patron had the power of relegating an ungrate- 
 ful freedman to a certain distance from Rome, a 
 law probably passed in the time of Augustus. 
 (Tacit. Ann. xiii. 26 ; Dion, Iv. 13.) In the 
 time of Nero it was proposed to pass a Senatus- 
 
 ' consultum which should give a patron the power 
 of reducing his freedman to slavery, if he miscon- 
 , ducted himself towards his patron. The measure 
 I was not enacted, but this power was given to the 
 I patron under the later emperors. The Lex Aelia 
 Sentia ^ave the patrona right of prosecuting his 
 f freedman for ingratitude {ul iiKjralum aecusare). 
 
 (Dig. 40. tit. 9. s. 30. ) An ingratus was also called 
 I Libertus Impius, as being deficient in Pietas. 
 I If the Libertus brought an action against the 
 I Patronus (in jtis vocarit), he was himself liable to 
 a special action on the case (Gains, iv. 46) ; and 
 I he could not, as a general rule, institute a capital 
 I charge against his patron. The Libertus was 
 bound to support the patron and his children in 
 case of necessity, and to undertake the manage- 
 ment of his property and the tutela of his children: 
 if lie refused, he was ingratus. (Dig. 37. tit. 14. 
 
 ly.) 
 
 If a slave were the property of several masters 
 and were manumitted by all of them, and became a 
 Roman citizen, all of them were his Patroni. 
 
 The manumissor could secure to himself further 
 rights over his libertus by a stipulatio or by taking 
 an oath fi-om him. The subjects of such agree- 
 
 PATRONUS. 729 
 
 ments were gifts from the libertus to the patronus 
 (dona et munera) and services (opcriie). The oath 
 was not valid, unless the person was a libertus 
 when he took it. If then he took the oath as a 
 slave, he had to repeat it as a freeman, which seems 
 to be the meaning of the passage of Cicero in which 
 he speaks of his freedman Chrysogonus. (Ad Att. 
 vii. 2 ; compare Dig. 38. tit. 1. s. 7.) These Operae 
 were of two kinds, Officiales which consisted in 
 respect and alfection ; and Fabriles which are ex- 
 plained by the term itself. The officiales deter- 
 mined by the death of the Patronus, unless there 
 was an agreement to the contrary ; but the fabriles 
 being of the nature of money or monej-'s worth 
 passed to the heredes of the Patronus, like any 
 other property. The Patronus, when he commanded 
 the operae of his libertus was said " ei operas in- 
 dicere or imponere." (Gaius, iv. 162 ; Dig. 38. tit. 
 2. s. 29.) 
 
 The Patron could not command any services 
 which were disgi-aceful(<ii/7)t"s) or dangerous to life, 
 such as prostitution or fighting in the amphithea- 
 tre ; but if the libertus exercised any art or calling 
 (artijieium), even if he learned it after his manu- 
 mission, the operae in respect of it were due to the 
 patron. 
 
 The Lex Julia et Papia Poppaea released freed- 
 men (except those who followed the ars ludicra or 
 hired themselves to fight with beasts) from all ob- 
 ligation as to gifts or operae, who had begotten two 
 children and had them in their power, or one child 
 five years old. (Dig. 38. tit. 1. Opcris Lihcr- 
 torum, s. 37.) 
 
 If liberty was given directly by a testament, the 
 testator was the manumissor, and his patronal 
 rights would consequently belong to his children : 
 if it was given indirectly, that is, per fideicommis- 
 sum. the person who perfonned the act of manu- 
 mission was thepatrcmus. In those cases where a 
 slave obtained his freedom under the Senatuscon- 
 sultum . Silanianum, the Praetor could assign him 
 a Patronus ; and if this was not done, that person 
 was the Patron of whom the libertus had last been 
 the slave. (Dig. 38. tit. 16. s. 3.) 
 
 The patronal rights were somewhat restricted, 
 when the act of manumission was not altogether 
 the free act of the Manumissor. For instance, the 
 Manumissor per fideicommissum had aU the patro- 
 nal rights, except the power to prosecute for ingra- 
 titude, the right to be supported by the libertus, 
 and to stipulate for munera and operae : his rights 
 against the property of the libertus were however 
 the same as those of any other manumissor. (Frag. 
 Vat. § 225 ; Dig. 38. tit. 2. s. 29.) If a slave 
 had given money to another person in order that 
 this other person might purchase and manumit 
 him, the manumissor had no patronal rights, and 
 he lost even the name of patron, if he refused to 
 pcrfonn the act for which he had received the 
 money and allowed the slave to compel him to per- 
 form his agreement, which the slave could do by a 
 constitution of M. Aureliusand L. Verus. (Dig. 40. 
 tit. 1. s. 4, 5.) If a master manumitted his slave 
 in consideration of a sum of money, he retained all 
 patronal rights, but he could not stipulate for operae. 
 A person who purchased a slave, and on the occa- 
 sion of the purchase agreed to manumit him, had 
 all patronal rights, except the right of prosecuting 
 for ingratitude, in case the slave compelled him to 
 manumit pursuant to tlie constitution of M. Aure- 
 I lius and L. Verus. (Dig. 40. tit. 9. s. 30.) 
 
730 
 
 PATRONUS. 
 
 PATRONUS. 
 
 It was the duty of the patron to support his 
 freedman in case of necessity, and if he did not, he 
 lost his patronal rights : the consequence was the 
 same if he brought a capital charge against him. 
 The Lex Aelia Sentia, among its various provi- 
 sions, contained several that related to the rights 
 and duties of the patron. 
 
 A capitis diminutio, either of the Patron or the 
 Libertus, dissolved the relation between them. 
 (See Tacit. Hist. ii. 92, where " jura libertorum " 
 means "jura patronorum," or "jura in libertos.") 
 The relation was dissolved when the Libertus 
 obtained Ingenuitas by the Natalium Restitutio, 
 but not when he merely obtained the jus aureorum 
 annuloruni. [Ingenuus.] 
 
 The most important of the Patronal rights re- 
 lated to the property of Liberti who died intestate 
 or having made a testament. 
 
 The subject, so far as concerns the Ante-Justi- 
 nian period, may be distributed under the two fol- 
 lowing heads: — 1, the ordinary ndes of law, and 
 2, the extraordinary : the former comprehend the 
 rules of the old civil law, and the Edict on the 
 Bonorum Possessio; and the latter, the Bonorum 
 Possessio contra tabulas liberti and contra sues 
 non naturales, the Bonorum Possessio contra tabu- 
 las libertae, and the right to a virilis pars which 
 was given by the Lex Papia Poppaea. 
 
 By the law of the Twelve Tables if a freedman 
 died intestate, without sui heredes, the patronus 
 was his heir. This right was viewed as a right of 
 Agnation. The Legitima patronorum tutela was 
 not expressly mentioned in the Twelve Tables, 
 but it was a legal consequence of the rule as to in- 
 heritance. (Ulp. Fray. xi. 3.) In the case of an 
 intestate liberta, who could not have a suus heres, 
 the patron was heres. The Senatusconsultum Orfi- 
 tianum, which was passed after Gaius wrote (iii. 
 51), and in the last year but one of the reign of 
 M. Aurelius, made an alteration in this respect. 
 The passage of Ulpian {Frag. xxix. 2), which was 
 written when this Senatusconsultum was in force 
 says that if a liberta died intestate, the patron suc- 
 ceeded to her property, because a mother could not 
 have sui heredes ; yet Ulpian himself (lib. 12. ad 
 Sahinuni; Dig. 38. tit. 17. s. I) says that whether 
 the mother was Ingenua or Libertina, the children 
 could succeed to her inheritance by the Senatus- 
 consultum Orfitianum. This apparent contradic- 
 tion is removed by the supposition that the Sena- 
 tusconsultum gave the children in such cases an 
 equal right with the patron. 
 
 These patronal rights belonged both to a Patro- 
 nus and a Patrona, and to the liberi of a Patronus. 
 (Ulp. Frag, xxvii.) The male children of the pa- 
 tronus had the same rights as the patronus himself ; 
 but the females had only the rights which the 
 Twelve Tables gave to the males, and they had not 
 the Bonorum Possessio contra tabulas testamenti 
 liberti aut ab intestato contra suos heredes non 
 naturales, until these rights were given them by 
 the Lex Papia Poppaea. (Ulp. Frarj. xxix. 4, 5.) 
 A difficulty which is raised by a passage in Jus- 
 tinian's legislation on the patronal rights is dis- 
 cussed by Unterholzner. (Zeitsc/iri/t, v. p. 37.) It 
 seems that the children of a Patrona had not by 
 the Twelve Tables the same rights as the children 
 of a Patronus, but the Lex Papia Poppaea probably 
 made some change in this respect. (2eitsdiri/i, v. 
 p. 43. &c.) 
 
 In order that these patronal rights should exist, 
 
 it was necessary that the libertus must have been 
 made free by a Roman citizen, and have become a 
 Roman citizen by the act of manumission. Ac- 
 cordingly if a person obtained the citizenship, it 
 was necessary that he should have a special grant 
 of the jus patronatus in order that he might have 
 patronal rights against his then freedmen, who 
 must also at the same time become Roman citizens. 
 (Plin. Fp. X. 6.) A capitis diminutio, as already 
 observed, either of the patron or the libertus, de- 
 stroyed tlie patronal rights to the inheritance. 
 (Gaius, iii. 51.) 
 
 If there were several patroni or patronae, they 
 divided the inheritance equally, though their shares 
 in the libertus when a slave might have been un- 
 equal. These patronal rights resembled a joint- 
 tenancy in English Law, for the survivor or survi- 
 vors of the patroni had all the patronal rights 
 to the exclusion of any children of a deceased 
 patronus. A son of a patron also claimed the in- 
 heritance to the exclusion of the grandson of a 
 patron. If the patroni were all dead leaving seve- 
 ral children, the hereditas was divided among all 
 the children equally {in capita), pursuant to the 
 law of succession in the case of Agnation. (Gaius, 
 iii. 16. 59, &c.) 
 
 A Senatusconsultum, which was passed in the 
 time of Claudius, allowed a patron to assign his 
 patronal rights to the inheritance of a libertus, to 
 any of his children whom he had in his power, to 
 the exclusion of the rest. (Dig. 38. tit. 4.) 
 
 The Edict extended the Bononira Possessio to 
 Patroni. The Patronal rights of the Civil Law 
 were founded on an assumed Agnatio : tliose of the 
 Edict were founded on an assumed Cognatio. The 
 Edict called to the Bonoram Possessio of Liberti, 
 1. their children ; 2. their heredes legitimi ; 3. their 
 cognati, who must of course be descendants ; 4. the 
 familia of the Pati'onus ; 5. the patronus and pa- 
 trona, and their children and parents, by which 
 provision was made in case the Patronus or Pa- 
 trona had sustained a capitis diminutio, and so 
 could not be called in the fourth order ; 6. the 
 husband or wife of the freedwoman or freedman ; 
 7. the cognati of the manumissor. 
 
 Originally if the freedman made a will, he could 
 pass over {praeterirc) the patron. But by the 
 Edict, unless he left him as much as one half of 
 his property, the patron or his male children could 
 obtain the Bonorum possessio contra tabulas of 
 one half of the property. If the libertus died 
 intestate, leaving no suus heres except an adopted 
 child, or a wife in manu, or a nurus in the 
 manus of his son, the patron had a bonorum 
 possessio of one half against these sui heredes. 
 But if the libertus had cliildren of his own blood 
 {naturales) either in his power at the time of his 
 death or emancipated or given in adoption, and if 
 these children were made heredes by his testament 
 or being praeteriti claimed the Bonorum possessio 
 contra tabulas, the patron had no claim on the 
 freedman's property. The patron was not excluded, 
 if the children of the freedman were exheredatcd. 
 
 By the Lex Papia Poppaea, if a freedman had a 
 property amounting to a hundred thousand sestertii 
 and fewer than three children, the patronus had an 
 equal share {virilis ]>ars) with the children, whether 
 the freedman died testate or intestate ; and a 
 patrona ingenua, who had three children, enjoyed 
 the same privilege. Before the Lex Papia, Patronae 
 had only the rights wliich the Twelve Tables gave 
 
PATRONUS. 
 
 PECTEN. 
 
 731 
 
 'ithcm ; hut tliis Lex put Ingenuae patronae who had 
 .two cliildren,aiidLibertiiiae patronae who had three 
 children, on the same footing with respect to the 
 Bonoruni possessio contra tiibulas and with respect 
 jto an adopted son, a wife in manu, or a nurus in 
 '.manu filii, as the Edict had placed Patroni. The ' 
 Lex did the same for daughters of the Patronus 
 who had three children. The Lex also gave to 
 ja Patrona ingenua, but not to a Libertina, who 
 had three children, the same rights that it gave to 
 a I'atronus. 
 
 According to the old law, as the liberta was 
 in the legitima tutela of her patron, she eoidd make 
 (no disposition of her property without his consent 
 ( patruiio aiictore). The Lex Papia freed a liberta 
 ;from this tutela, if she had four children, and she 
 ■could consequently then make a will without the 
 :consent of her patronus, but the law provided that 
 .the patronus should have an equal share with her 
 (surviving children. 
 
 In the case of a liberta dj'ing intestate, the 
 I Lex Papia gave no further rights to a Patrona, 
 . who had children {liberis /irmoratae) than she had 
 before ; and therefore if there had been no capitis di- 
 jniinutio of the Patrona or the Liberta, the Patrona 
 inherited the propcrt}-, even if she had no children, 
 to the exclusion of the children of the liberta. 
 I If the liberta made a will, the Lex Papia gave to 
 : the Patrona, who had the number of children re- 
 I quired by that law, the same rights which the 
 Edict gave to the Patronus contra tabulas liberti. 
 I The same Lex gave to the daughter of a patrona, 
 -I who had a single child, the same rights that the 
 I patronus had contra tabulas liberti. (Gains, iii. .53 ; 
 a passage which Unterholzner proposes to correct, 
 but on very insufficient grounds, /^ci/schrift,v. 45.) 
 
 The rules of law as to the succession of the 
 I Patronus to the property of Latini Liberti differed 
 j in various respects from those that have been ex- 
 i plained. Being viewed as a peculium, it had the 
 incidents of such property. It came to the extranei 
 I heredes of the manumissor, but not to his exhere- 
 dated children, in both which respects it differed 
 from tlie property of a Libertus who was a Civis 
 Romanus. If there were several patrons, it came 
 to them in proportion to their interests in the 
 former slave, and it was consistent with this doe- 
 trine that the share of a deceased patronus should 
 go to his heres. The Senatusconsultum Largianum, 
 which was passed in the time of Claudius, enacted 
 that the property of Latini should go first to those 
 who had manumitted them, then to their liberi 
 were not expressly exheredated, according to 
 ]iiiiximity, and then according to the old law, to 
 the heredes of the manumissor. The only effect 
 of this Senatusconsultum was to prefer liberi, who 
 were not expressly exheredated, to extranei heredes. 
 Accordingly an emancipated son of the patronus, 
 who was praeteritus, and who could not claim the 
 Bonorum possessio of his father's property contra 
 tabulas testamenti, had a claim to the property of 
 a Latinus prior to the extranei heredes. 
 
 As to the Dediticii under the Lex Aelia Sentia, 
 there were two rules. The property of those who 
 on their manumission would have become Roman 
 citizens, but for the impediments thereto, came 
 to their patroni as if they had been Roman citizens: 
 tlu'y had not however the testamenti factio. The 
 property of those, who on their manumission would 
 have become Latini, but for the impediments there- 
 to, came to their patroni as if they had been Latini : 
 
 on this Gaius remarks that in this matter the 
 legislator had not very clearly expressed his in- 
 tentions. He had already made a similar remark 
 as to a provision of the Lex Papia (iii. 47). 
 
 As to the other meanings of the word Patronus, 
 see Cliens and Orator. 
 
 The subject of the Patronatus is one of con- 
 siderable importance towards a right understanding 
 of many parts of the Roman polity. This imperfect 
 outline may be filled up by referring to the follow- 
 ing authorities. (Gaius, iii. 39 — 70 ; Vidian, Frcy. 
 tit. xxvii.xxix. ; Dig. 37. tit. 14, 15 ; 38. tit. 1, 
 2, 3, &c. ; the Index to Paulus, Sent. Recepf. ; and 
 for Justinian's legislation, Inst. iii. 8, &c. ; Unter- 
 holzner, Uehcr das paironatisclie Erhreclit, Zcit- 
 schrit't v., and the article Gen'S, -with the references 
 in Rein, Das R'6m. Privatrecht, p. 285, and in 
 Walter, Gesclm-Me des R6m. Rechts, pp. 507 — 516, 
 and 684—689.) [G. L.] 
 
 PA VIMENTUM. [House (Roman), p. 499.] 
 PAUPE'RIE, ACTIO DE. [Pauperies.] 
 PAUPE'RIES was the legal term for mischief 
 done by an animal (fjuadrupcs) contrary to the 
 nature of the animal, as if a man's ox gored an- 
 other man. In such cases the law of the Twelve 
 Tables gave the injured person an action against 
 the owner of the animal for the amount of the 
 damage sustained. The owner was bound either 
 to pay the full amount of damages or to give up 
 the animal to the injured person {iioocae dare). 
 Pauperies excluded the notion of Injuria ; it is de- 
 fined to be " damnum sine injuria facientis factum," 
 for an animal could not be said to have done a 
 thing " injuria." The actio de pauperie belonged 
 to the class of Noxales Actiones. (Dig. 9. tit. 1.) 
 
 [G. L.] 
 
 PAUSA'RII, was the name given to the priests 
 of Isis at Rome, because they were accustomed in 
 the processions in honour of Isis to make pauses 
 (jiausae) at certain chapels or places, called titan- 
 siones, by the road's side, to sing hjTnns and per- 
 form other sacred rites. (Orelli, Inscr. n. 1885 ; 
 Spartian. Pescen. Nig. 6 ; Carucall. 9 ; Salm. ad 
 loc.) 
 
 The poriiscidus, or commander of the rowers in 
 a vessel, was sometimes called puusarius (Sen. Ep. 
 50), because the rowers began and ceased {pausa) 
 their strokes according to his commands. [PoRTls- 
 
 CULUS.] 
 
 nH'XTS. [Cubitus.] 
 
 PECTEN (kt6i's), a comb. The Greeks and 
 Romans used combs made of box-wood (Brunck, 
 Anal. i. 221 ; Ovid, Fast. vi. 23; Mart. xiv. 25), 
 which they obtained, as we do, from the shores of 
 the Euxine sea. The mountain ridge of Cytorus 
 in Galatia was particularly celebrated for this pro- 
 duct. (Ovid, Aht. iv. 311.) [Buxum.] The 
 Egyptians had ivory combs (Apul. Md. xi. p. 121. 
 ed. Aldi), wliich also came into use by degrees 
 among the Romans. (Claudian, dc Nupt. Honor. 
 102.) The golden comb, ascribed to the goddesses, 
 is of course imaginary. (Callira. in Lav. Pall. 31.) 
 The wooden combs, found in Egyptian tombs, ai'e 
 toothed on one side only ; but the Greeks used 
 them with teeth on both sides, as appears from the 
 remains of combs found at Pompeii (Donaldson's 
 Pompeii, vol. ii. pi. 78), and from the representa- 
 tion of three combs, exactlj' like our small-tooth 
 combs, on the Amyclaean marbles. (^Memoirs relat- 
 ing to Turkrii, edited by Walpole, p. 452.) 
 
 The principal use of the comb was for dressing 
 
732 PECULIO, ACTIO DE. 
 
 PEDUM. 
 
 the hair (Ovid, Amor. i. xiv. 1.5 ; Met. xii. 409), 
 in doing which the Greeks of both sexes were re- 
 marliably careful and diligent. (Herod, vii. 208; 
 Strabo, X. 3. § 8.) [Coma, p. 270.] To go with 
 uncombed hair was a sign of affliction. (Soph. Ocd. 
 Col. 1257.) The use of the comb in cutting the 
 hair is alluded to by Plautus. {Capf. ii. ii. 18.) 
 
 A comb with iron teeth was used in corn-fields 
 to separate the grain from the straw, whilst it was 
 yet standing. (Col. dc lie Rust. ii. 21.) This 
 method of reaping was called peeti7mre serjeiem. A 
 painting in the sepulchral grotto of El Kab in 
 Egypt represents a man combing flax for the pur- 
 pose of separating the linseed from the stem. The 
 rake used in making hay is called rarus pccten 
 (Ovid, Rem. Amor. 192), because its teeth are far 
 apart ; but this may be only a poetical use of the 
 term. 
 
 Two portions of the Greek l3rre were called the 
 combs (Eratosth. Cutaster. 24); they may have 
 been two rows of pegs, to which the strings were 
 tied. In a figurative or metaphorical sense the 
 term was applied to the fingers of a man (Aeschyl. 
 Agam. 1584), and to the ribs of a horse. (Oppian, 
 Ci/neij. i. 296.) The use of the comb in weaving, 
 and the transference of its name to the plectrum, 
 are explained under Tela. [J. Y.] 
 
 PECUA'RIl, were a class of the publicani, who 
 farmed the public pastures [pecua puhlica, Pseudo- 
 Ascon. in Cic. Divin. Verr. p. 113. ed. Orelli ; 
 Liv. X. 47 ; xxxiii. 42). 
 
 PECULA'TUS is properly the misappropriation 
 or theft of public property. Labeo defines it thus, 
 " pecuniae publicae aut sacrae furtum, non ab eo 
 factum, cujus periculo est." The person guilty of 
 this offence was Peculator. Cicero {Off. iii. 18) 
 enumerates Peculatores with sicarii, venefici, testa- 
 mentarii and fures. The origin of the word ap- 
 pears to be Pecus, a term which originally denoted 
 that kind of movable property which was the chief 
 sign of wealth. Originally trials for Peculatus were 
 before the Populus or the Senate. (Liv. v. 32 ; xxxvii. 
 57 ; xxxviii. 54.) In the time of Cicero matters of 
 peculatus had become one of the Quaestiones per- 
 petuae, which imply some Lex de Peculatu, and 
 such a Lex is by some witers enumerated among 
 the Leges SuUanae, but without stating the autho- 
 rity for this assertion. Two Leges relating to 
 Peculatus are cited in the Digest, Lex Julia Pecu- 
 latus and Lex Julia de Residuis (Dig. 48. tit. 
 13); but these may be the same Lex, though 
 quoted as two Leges, just as the Lex Julia de 
 Adulteriis comprised a provision De Fundo Dotali, 
 whicli chapter is often quoted as if it were a sepa- 
 rate Lex. Matters relating to sacrilege were also 
 comprised in the Lex Julia Peculatus (?;e quis cx 
 pecimia sacra, reliyiosa ptiblicave aii/'erat, &c.) ; 
 matters relating to the debasement of the coinage ; 
 the erasing or cancelling of tabulae pulilicae, &c. 
 The Lex de Residuis applied to those who had re- 
 ceived pubHc money for public purposes and had 
 retiiined it [apml (/iiem pecu/iia jmblk'a resedit). The 
 penalty under this Lex, on conviction, was a third 
 part of the sum retained. The punishment which 
 under the Lex Julia Peculatus, was originally 
 aquae et ignis interdictio, was changed into Depor- 
 tatio : the offender lost all his rights and his pro- 
 perty was forfeited. Under the Empire sacrilege 
 was punished with death. A " Sacrilegus" is one 
 who plunders public sacred places. [G. L.] 
 
 PECU'LIO, ACTIO DE. [SERVtrs.J 
 
 PECU'LIUM. [Sbrvus.] 
 
 PECU'LIUM CASTRENSE. [Patria Pc 
 
 TBSTAS, p. 725.] 
 
 PECU'NIA. [Aes ; Argentum ; Aurum. 
 
 PECU'NIA. [Heres (Roman), p. 475.] 
 
 PECU'NIA CERTA. [Obligationes, p. 654. 
 
 PEDA'NEUS JUDEX. [Judex Pedaneus. 
 
 PEDA'RII. [Senatus.] 
 
 PE'DICA, fonned from pes on the same analog; 
 with Manica (Tr6eio-/c6A.ij, loti. et Att. iffhri 
 Moeris, Attic.), a fetter ; an ankle-ring. 
 
 Fetters were worn for the sake of restraint b; 
 lunatics (Mark, v. 4 ; Luke, viii. 29), criminals 
 and captives (Herod, i. 86 — 90 ; iii. 23 ; v. 77 
 Xen. Anah. iv. 3. § 8), and by horses instead of; 
 halter. (Hom. II. xiii. 36.) Another kind of fette 
 was the noose {kujueiis curroj; Gratii Cyiiet). 89 
 used to catch birds, which was the appropriatt 
 employment of winter. (Virg. Genry. i. 307.) Fo} 
 the sake of ornament, fetters, or ankle-rings, were 
 worn by females. [Periscehs.] [J. Y.] 
 
 PEDI'SEQUI, were a class of slaves, whosf 
 duty it was to follow their master when he went 
 out of his house. This name does not appear to 
 have been given to any slave, who accompanied 
 his master ; but the pedisequi seem to have formed 
 a special class, which was almost the lowest of all, 
 (Nep. Attic. 13; Plant. Mil. Glor. iv. ii. 18.) 
 There was a similar class of female slaves, called 
 pedisequac. (Plant. Asin. I. iii. 31.) Compare 
 Becker, Giilhis,i. p. 101. 
 
 PEDUM {KoguvTi, \ayaS6\os, Theocrit. vii. 43. 
 128), a crook. Its curved extremity was used bj 
 the shepherds to lay hold of the sheep or goats, 
 principally by their legs, so as to preserve them 
 from running into danger or to rescue them when 
 they were in want of assistance. (Virg. Biic. v. 88; 
 Servius, ad loc. ; Festus, s. v.) The accompanying 
 woodcut is taken from a painting found at Civita 
 Vecchia. {Ant. d^Erculano, t. iii. tav. 53.) It 
 shows the crook in the hand of a shepherdess, who 
 sits upon a rock, tending sheep and other cattle, 
 (See also woodcut to Oscillum.) 
 
 The herdsman also used a crook, but less curved 
 with a heavy head, and hence called Kakavgoi^ 
 he threw it at any of the herd which strayed fron 
 the rest. (Horn. //. xxiii. 844 — 846; Eustath. at 
 he.; Apoll. Rhod. iv. 974.) 
 
 On account of its connection with pastoral lifi 
 the crook is continuallj' seen in works of ancien 
 art in the hands of Pan (Sil. Ital. Pun. xiii. 334) 
 and of satyrs, fauns, and shepherds. It was als< 
 
1 PELLIS. 
 
 the usual attribute of Thalia, as the muse of 
 Pastoral poetry. (Combe, Anc. Marbles of Br. 
 I Museum, Part iii. pi. 5.) [J. Y.] 
 
 iPEGJ'IA {irijy/ia), a pageant, i. e. an edifice of 
 wood, consistinn- of two or more stages (Jahulata), 
 ', which were raised or depressed at pleasure by 
 . means of balance-weights (ponderihus rnlnciis, 
 Claudian. dc Mallii Thc,„l. Cons. 323— 328 ; Sen. 
 , E/iisf. 89). These great machines were used in 
 I the Roman amphitheatres (Juv. iv. 121 ; Mart. i. 
 
 2.2; Sueton. Claud. 34), the gladiators who fought 
 I upon them being called pet/mares. {Caliy. 2().) 
 i They were supported upon wheels so as to be 
 ■ drawn into the circus, glittering with silver and a 
 I profusion of wealth. (Plin. //. N. xxxiii. 3. s. 16.) 
 At other times they exhibited a magnificent though 
 dangerous (Vopisc. Carin. 1.5), display of fire- 
 works. (Claudian, I. c.) Accidents sometimes 
 happened to the musicians and other perfonners 
 who were carried upon them. (Phaedr. v. 7. 7.) 
 When Vespasian and Titus celebrated their tri- 
 umph over the Jews, the procession included pa- 
 geants of extraordinary magnitude and splendour, 
 consisting of three or four stages above one an- 
 otiier, hung with rich tapestry, and inlaid with 
 ivory and gold. By the aid of various contrivances 
 tliey represented battles and their numerous in- 
 cidents, and the attack and defence of the cities of 
 Judaea. (Joseph. Bell. Jud. vii. c. 24.) 
 
 The pageant was also used in sacrifices. A bull 
 having been slain on one of the stages, the high 
 priest placed himself below in a cavern so as to re- 
 ceive the blood upon his person and his garments, 
 and in this state he was produced by the Hamines 
 before the worshippers. (Prudent. Pcristeph. Rom. 
 Mart. 1008—1052.) 
 
 The pegmata mentioned by Cicero {ad Alt. iv. 
 8) may have been movable book-cases. [J. Y.] 
 riEAA'TAI, are defined by Pollux (iii. 82) and 
 other authorities to be free labourers working for 
 hire, like the &7)t€s, in contradistinction to the 
 Helots and Penestae, who were bondsmen or serf's, 
 having lost their freedom by conquest or otherwise. 
 Aristotle (ap. Phot. .«. v. neAdrai) thus connects 
 their name with ir^Aas : neAarai, he says, from 
 irtAos, olov eyyiCTa Sia irfviay irpoa(ovT(s : i. e. 
 persons who are obliged by poverty to attach them- 
 selves to others. Timaeus (Zcj Plat. s. v.) gives 
 the same explanation. neAorrjs, d avrX Tpo<puv 
 in-qpeTuv Kal irpoaviXd^av. In the later Greek 
 writers, such as Dionysius of Halicamassus, and 
 Plutarch, the word is used for the Latin cliens, 
 though the relations expressed by the two terms 
 are by no means similar. Plutarch {Ages. c. 6) 
 also uses the word rather loosely for Helots, and 
 we are told of a nation of Hlyrians (the Ardiaei) 
 who possessed 300,000 Prospelatae, compared by 
 Theopompus {ap. Atli. vi. 271. d. e.) with the 
 Helots of Laconia. (MuUer, Dor. iii. 4. § 7 ; 
 Wachsnuith, i. i. p. 322.) [R. W— N.] 
 
 PELLEX. [C'oNCUBiNA (Roman).] 
 PELLIS {S4pij.a, Sopa), the hide or skin of a 
 quadruped. 
 
 Before weaving was introduced into Europe 
 there is reason to believe that its inhabitants were 
 universally clothed in skins. The practice con- 
 tinued among the less civilised nations (Virg. 
 Gcor(,. iii. 383 ; Tacit. Germ. 17. 46 ; Ovid, Trist. 
 iii. 10. 1!)), and is often ascribed by the poets to 
 heroes and imaginary beings. The following is an 
 enumeration of the skins which were thus em- 
 
 PELLIS. 
 
 733 
 
 ploj'ed either in fiction or in real life : — 1. The 
 lion's skin (Acovri)). The story of the Nemean 
 lion may have been founded in fact. The existence 
 of these animals in northern Greece, Thessaly, and 
 Macedonia, is attested by Herodotus (vii. 126) and 
 Aristotle {H. A. vi. 31) ; and that they were 
 comparatively abundant in Asia Minor is manifest 
 from the descriptions in the Homeric poems. 
 Hence Agumemnon, preparing to walk out from 
 his tent by night, puts on, instead of a blanket 
 [Pallium], the hide of a great lion, whilst Mene- 
 laus clothes himself in that of a leopard. (//. x. 22 
 — 30.) For this purpose the claws of the lion 
 were carefully retained, and sometimes covered 
 with thin plates of gold. (Virg. Acn. viii. 553.) 
 The manner of wearing the skin is described in 
 the article Arma, p. 84. (Compare Died. Sic. i. 
 24; xvi. 44; Virg. Ae7t. viii. 177; ix. 306.) 2. 
 The skin of the tigress was worn in the same man- 
 ner as the lion's, covering the back from head to 
 foot (Virg. Aeu. xi. 577), and with the claws gilt. 
 (Claudian, de Rapt. Proserp. i. 16—18.) 3. The 
 leopard's or panther's skin (TrapSaAn) is repre- 
 sented in the Iliad as worn, not only by Menelaus 
 as above quoted, but by Paris, who adorns himself 
 with it in the day and in sight of the two armies. 
 {II. iii. 17.) It is also attributed to Jason. (Pind. 
 Pi/th. iv. 81.) It was greatly admired on account 
 of its spots, and was thrown over the left shoulder 
 like a pallium. (Virg. Acn. viii. 460.) [Dionysia, 
 p. 343.J The high priest of the Egj'ptians wore a 
 leopard's skin on grand occasions. (Wilkinson, 
 Man. and Cast. vol. i. p. 279.) 4. Pan wore the 
 skin of the lynx. (Hom. Hymn, in Pana, 23, 24.) 
 5. The wolf-skin (Au/cij) seems to constitute the 
 dress of Amphiaraus, who is the middle figure in 
 the woodcut at p. 702. It was adopted as a de- 
 fence from the nightly cold by Dolon. (Hom. //. x. 
 334. 459 ; Schol. in II. iii. 17.) 6. The fox-skin 
 is attributed only to barbarous nations, such as the 
 Scythae. {Sen. Epist. 0\.) 7. The ermine derives 
 its name from Armenia, with which countr}- the 
 ancients, especially the lonians, carried on a trade 
 in furs. Ermine-skins were greatly admired for 
 their delicacy and softness, and were taken to 
 Persia to make robes for the grandees by being 
 sewed together. (Aelian, //. A. xvii. 17 ; Sen. I. c. ; 
 pellihus muriuis, Justin, ii. 2. 9 ; Amm. Marcell. 
 xxxi. 3.) 8. The doe-skin, worn by Pan over his 
 left side. (Sil. Ital. Pun. xiii. 329—335.) [Ne- 
 BRis.] 9. The bear's skin was constantly worn 
 instead of the blanket (x^a<»'a) by Ancaeus, one 
 of the Argonauts. (Orpheus, Aryo?i. 201, 202; 
 compare Virg. Acn. v. 37.) 10. The bull's hide 
 was employed in like manner [Arma, p. 84], 
 especially that of the young bull {jiivencus, 
 Aen. xi. 679). 11. The goat-skin {alyXs, vd- 
 Kos) is mentioned, not only as the attribute of 
 divine and mythological beings (Sil. Ital. I. c.) 
 [Aegis], but as the common clothing of the 
 goat-herd (Theocrit. vii. 15), and the labouring 
 man. (Virg. Morci. 22.) Nevertheless the lan- 
 guage of Varro {de Re Rust. ii. sub fin.) implies 
 that his countrymen had ceased to clothe them- 
 selves in goat-skins, which were abandoned to the 
 less refined inhabitants of Getulia and Sardinia. 
 The uncouth goat-skin garment of the Sardinians was 
 called mastruca. The tenn afiatipa or (jiavpva de- 
 noted an article of domestic furniture, which was 
 made by sewing together several goat-skins with 
 the hair on. {^c\\o\. in Arisloph. Aves, 122.) 12. 
 
734 
 
 PELTA. 
 
 nENE'STAI. 
 
 The sheep-skin (oia, volkos, SicpB^pa) was worn not 
 only by the Lacedaemonian helots, but frequently 
 by the laborious poor, as is still the case in many 
 parts of Europe. The lamb-skin was called dp- 
 vuKts, and a dress, supposed to have had a sheep- 
 skin sewed to it below, KaTtevaKTi). 
 
 The preceding statement shows that, as civiliza- 
 tion advanced among the Greeks and Romans, the 
 use of hides for clothing was gradually abandoned, 
 the pallium, or blanket, being substituted for them 
 and worn very much after the same fashion. Skins, 
 however, continued to be used as coverings for 
 beds and couches (Theocrit. v. 2 — 13. 50 — 58), 
 and as clothing for slaves and the poor, especially 
 in the country. The northern nations of Europe 
 retained the use of them in the highest ranks of 
 society (Tacit. U. cc; pdlita Getarum curia, Clau- 
 A\a.n, Bell. Get. 481), whilst the Greeks and Ro- 
 mans constantly regarded it as a sign of rusticity 
 and savage barbarism to be so clothed. Hence it 
 was matter of censure and indignation, when Ru- 
 finus, prime minister of the Emperor Honorius, 
 first occupied the seat of justice in a furred robe 
 (^mocrcni captivac pellito judice leges, Claudian, in 
 Rtifin. ii. 82 — 86). « Nevertheless the taste which 
 now prevails for the beautiful furs of the north of 
 Europe and Asia, as is shown by Mr. Aikin in his 
 admirable essay on this subject {I llustrationK of 
 Arts avd Manufactures, Lond. 1841. p. 130,131), 
 made at this time a rapid progress throughout the 
 Roman empire. [J. Y.] 
 
 PELTA (WXtt)), a small shield. Iphicnites, 
 observing that the ancient Clipehs was cumbrous 
 and inconvenient, introduced among the Greeks 
 a much smaller and lighter shield, from which 
 those who bore it took the name of pdtaslac. 
 (Diod. Sic. XV. 44 ; Com. Nep. Iiikic. i. 3.) 
 [Arma, p. 85 ; Army, p. !)0.] It consisted prin- 
 cipally of a frame of wood or wickerwork (Xen. 
 Anuh. ii. 1. § fi), covered with skin or leather, 
 ■without the metallic rim. ["ANTTH.] (Timaeus, 
 Lex. Plat. s. v.) Light and small sliields of 
 a gi-eat variety of shapes were used by numer- 
 ous nations before the adoption of them by the 
 Greeks. The round target [Cetra] was a species 
 of the Pelta, so that the ancient Spaniards were 
 all, as Strabo says (iii. 3. p. 436. ed. Siebenkees), 
 peltastae. The pelta is also said to have been 
 quadrangular. (Schol. in Thucyd. ii. 29.) The 
 Mosynoeci, on the southern shore of the Euxine sea, 
 used peltae (76p(5a) made of the hides of white 
 oxen with the hair on, and in shape resembling an 
 ivy-leaf. (Xen. AnaJj. v. 4. § 12 ; Plin. H. N. xii. 
 6. s. 11.) A light shield of similar construction 
 was part of the national anuour of Thrace (Thucyd. 
 ii. 29; Eurip. Alces. 516; lihes. 407 ; Max. fyr. 
 Diss, vii.) and of various parts of Asia, and was on 
 this account attributed to the Amazons, in whose 
 hands it appears on the works of ancient art some- 
 times elliptic, as in the bronzes of Siris (woodcut, 
 p. 577), and at other times variously sinuated on 
 the margin, but most commonly with a semicircu- 
 lar indentation on one side (tunutis pcliis, Vng. 
 Aen. i. 490 ; xi. 663). An elegant form of the 
 pelta is exhibited in the annexed woodcut, taken 
 from a sepulchral urn in the Capitoline Museum at 
 Rome, and representing Penthiselea, Queen of the 
 Amazons, in the act of offering aid to Priam. 
 
 Notwithstanding the general absence of metal, 
 the pelta was sometimes ornamented. (Virg. Acii. 
 vii. 743.) That borne by Telamon in the attack 
 
 on the Calydonian boar was adorned with a golden 
 eagle. (Eurip. AMcuy. Fr. 3.) [J. Y.] 
 
 nENE'STAI, probably from TriveaBai, operari. 
 (Dionys. ii. 9.) The Pcnestae of Thessaly are 
 generally conceived to have stood in nearly the 
 same relation to their Thessalian lords as the 
 Helots of Laconia did to the Dorian Spartans, 
 although their condition seems to have been on the 
 whole superior. (Plat. Laj. vi. p. 776.) They were 
 the descendants of the old Pelasgic or Aeolian in- 
 habitants of Thessaly proper, and the following 
 account is given of them by an author called Arc- 
 hemachus in his Euboica. {Athcn. vi. p. 264.) " The 
 Aeolian Boeotians who did not emigrate when their 
 country Thessal}', was conquered by theThessalians 
 (compare Thuc.i. 12), surrendered themselves to the 
 victors on condition that they should not be carried 
 out of the country (whence, he adds, they were 
 formerly called M€;'6crTai,but afterwards IleyeiTToi), 
 nor be put to death, but should cultivate the land 
 for the new owners of the soil, paying by way of 
 rent a portion of the produce of it : and many of 
 them are richer than their masters." They were 
 also called Actrpeiy. It appears then that they oc- 
 cupied an intermediate position between freemen 
 and purchased slaves, being reduced to servitude 
 by conquest, and resembling, in their fixed pay- 
 ments, the 'EKTrifiSpioi of Attica. Moreover, they 
 were not subject to the whole community but be- 
 longed to particular houses, whence also they were 
 called @e(Tcra\oiK€Tai. They were very numerous, 
 for instance, in the families of the Aleuadae and 
 Scopadac. (Theoc. xvi. 35 ; M'uller, Dor. iii. 4. 6.) 
 We may add that amongst the Thessalian Penestae 
 Theopompus includes the descendants of the con- 
 quered Magnesians and Perrhaebians (Athen. vi. 
 p. 265), a statement which can only apply to a 
 part of these nations, as, tliough reduced to de- 
 pendence, they were not made entirely subject. 
 (Herod, viii. 132; MUll. I.e.) 
 
 From a passage in Demosthenes (c. Arisi. 687. 
 1 ) it appears that the Penestae sometimes accom- 
 panied their masters to battle, and fought on horse- 
 back, as their knights or vassals : a circumstance 
 which need not excite surprise, as Thessaly was so 
 fiimous for cavalry. The Penestae of Thessaly 
 also resembled the Laconian Helots in another re- 
 
PENTATHLON. 
 
 pect: for they often rose up in arms against their 
 ords. (Arist. Pol. ii. 6.) There were Penestae 
 jimongst the M.accdonians also. (Miiller, /. c; 
 llvVachsmuth, i. i. 1G8 ; Thirlwall, Hist.<fGreece,\. 
 \yil ; Clinton, Fas. IM. App. c. -22.) [R. W— N.] 
 |! PENETRA'LE. [Templum.] 
 
 PENICILLUS. [Painting, p. 683.] 
 PENTACOSIOMEDIMNI. [Census.] 
 nENTA'AI0O2. [Gymnasium, p. 4G3.] 
 PENTATHLON (vevTadXov, quimjuertium) 
 was next to the pancratium the most beautiful of 
 liU athletic perfonnances. (Herod, ix. 33 ; Paus. 
 iii. U. § 6.) It does not appear to have been 
 Ijknown in the heroic ages of Greece, although 
 'ApoUodorus (ii. 4. § 4), according to the usual 
 'practice of later times, describes Perseus as killing 
 'Acrisius in the pentathlon, and although its inven- 
 tion was attributed to Peleus. (Schol. ad Pind. 
 Nan. vii. 1 L) These accounts are fabulous ; the 
 pentathlon was not practised until the time when 
 the great national games of Greece began to flourish. 
 The persons engaged in it were called pentathli 
 (vevra&Koi, Herod, ix. 75 ; Paus. i. 29. § 4). The 
 pentathlon consisted of five distinct kinds of games, 
 J viz. leaping (oA/io), foot-race {Sp6fj.os), the throw- 
 ing of the discus (SitrKos), the thro%ving of the spear 
 
 falyvvvos or aKduriov), and wrestling (ircsATj) 
 Schol. ad Plat. Amat. p. 135; Simonides in 
 Anthul. Palai. tom. ii. p. 62G. ed. Jacobs), which 
 j were all performed in one day and in a certain 
 ; order, one after the other, by the same athletae. 
 (Schol. ad Soph. El. 691 ; Paus. iii. IL § 6.) The 
 pentathlon was introduced in the Ol^nupic games 
 in 01. 1 8, and we may presume that soon after this 
 it was also introduced at the other national games, 
 as well as at some of the less important festivals, 
 , such as the Erotidia in Thespiae. (Bockh, Cwp. 
 , Insrript. n. 1590.) 
 
 , The order in which the different games of the 
 pentathlon followed one another has been the sub- 
 ; ject of much discussion in modem times. The most 
 probable opinion, however, is Bockh 's (Comment. a</ 
 ^ Piml. Nem. vii. 7 l,&c.), which has been adopted by 
 I Dissen, Krause, and others, although G. Hermann 
 I has combated it in a little work called De Soyenis 
 I Aeginetae, victoria ipiinquert. Lipsiae 1822. The 
 1 order adopted by Bcickh is as follows: — 1. The 
 aKfia. This was the most prominent part of the 
 pentathlon, and was sometimes used to designate 
 the whole game. It was accompanied by fiute- 
 ■ music. (Paus. v. 7. § 4 ; v. 17. § 4.) Other 
 writers, as Pausanias himself (vi. 14. § 5) and 
 Plutarch [Dc AIus. c. 26) speak as if the whole 
 l)entathlon had been accompanied by the ffute, but 
 in these passages the whole game seems to be men- 
 tioned instead of that particular one which formed 
 the chief part of it. 2. The foot-race. 3. The 
 discus. 4. The throwing of the spear. 5. Wrest- 
 ling. In later times, probably after 01. 77, the 
 foot-race may have been the fourth game instead of 
 tlie second, so that the three games which gave to 
 the pentathlon its peculiar character, viz. leaping, 
 discus, and the spear, preceded the foot-race and 
 wrestling, and thus formed the so-called Tpiayfxos. 
 The foot-race of the pentathlon was probably the 
 simple stadion or the diaulos, and not a race in 
 armour as has been supposed by some ; for the 
 statues of the victors in the pentathlon are never 
 seen with a shield but only with the lialteres, be- 
 sides which it should be remembered that the race 
 ill armour was not introduced at Olympia until 
 
 PENTATHLON. 
 
 735 
 
 01. 65 (Paus. v. 8. § 3), while the pentathlon had 
 been performed long before that time. It is more- 
 over highly improbable that even after 01. 65 the 
 race in armour should have formed a part of the 
 pentathlon. In 01. 38 the pentathlon for boys was 
 introduced at Olympia, but it was only exhibited 
 this one time and afterwards abolished. (Paus. 
 V. 9. § 1.) 
 
 In leaping, racing, and in throwing the discus 
 or spear, it was easy enough to decide who won 
 the victory, even if several athletae took part in it 
 and contended for the prize simultaneously. In 
 wrestling, however, no more than two persons 
 could be engaged together at a time, and it is not 
 clear how the victory was decided, if there were 
 several pairs of wTestlers. The arrangement pro- 
 bably was, that if a man had conquered his antago- 
 nist, he might begin a fresh contest with a second, 
 third, &c., and he who thus conquered the greatest 
 number of adversaries was the victor. It is diffi- 
 cult to conceive in what manner the prize was 
 awarded to the victor in the whole pentathlon ; for 
 an athlete might be conquered in one or two games 
 and be victorious in the others, whereas it can 
 have occurred but seldom that one and the same 
 man gained the ^•ictory in all the five. Who of 
 the pentathli then was the victor ? Modern writers 
 have said that the prize was either awarded to him 
 who had been victorious in all the five games, or to 
 the person who had conquered his antagonist in at 
 least three of the games ; but nothing can be de- 
 termined on this point with any certainty. That 
 the decision as to who was to be rewarded was 
 considered difficult by the Greeks themselves, 
 seems to be implied by the fact that at 01_vmpia 
 there were three hellanodicae for the pentathlon 
 alone. (Paus. v. 9. § 5.) 
 
 As regards the rpiay/ids mentioned above, several 
 statements of ancient writers suggest, that the 
 whole of the pentathlon was not always performed 
 regularly and from beginning to end ; and the 
 words by which they designate the abridged game, 
 Tpiay/xds, diroTpid^etv, and Tpial trfpie'ivai, lead us 
 to suppose that the abridged contest only consisted 
 of three games, and most probably of those three 
 which gave to the pentathlon its peculiar character, 
 viz. leaping and throwing the discus and the spear. 
 (Dion Chrysost. Aioy. i. p. 279. ed. Reiske ; Schol. 
 ad Arisfid. ap. Phot. Cod. p. 409. Bekker; MuUer, 
 Archacol. d. KiiTist. § 423. 3.) The reason for 
 abridging the pentathlon in this manner may have 
 been the wish to save time, or the circumstance 
 that athletae who had been conquered in the first 
 three games were frequently discouraged, and de- 
 clined continuing the contest. When the triagmos 
 was introduced at Olympia is not mentioned any 
 where, but Krause infers with great probability 
 from Pausanias (v. 9. § 3) that it was in 01. 77. 
 
 The pentathlon required and developed very 
 great elasticity of all parts of the body, whence it 
 was principally performed by J'oung men (Schol. 
 ad Plat. Amat. p. 135. d, &c.) ; and it is probably 
 owing to the fact, that this game gave to all parts 
 of the body their harmonious development, that 
 Aristotle (Rliei. i. 5) calls the pentathli the most 
 handsome of all athletae. The pentathlon was for 
 the same reason also regarded as very beneficial in 
 a medical point of view, and the Elcan Hysmon, 
 who had from his childhood suffered from rheuma- 
 tism, was cured by practising the pentathlon, and 
 became one of the most distinguished athletae. 
 
736 
 
 PEPLUM. 
 
 (Paus. vi. 3. § 4.) (Compare G. Fr. Philipp, De 
 
 peniathlo sive quiiiqiKrlio commentaiiii, Berlin 1 827 ; 
 Krause, Gymnastik uiid Ai/onisiik der Hdlcuen, p. 
 476—407.) [L. S.] 
 
 nENTHK02TH', a duty of two per cent, levied 
 upon all exports and imports at Athens. (Harpocr. 
 s. V. nei/TijKoiTT?/.) Thus, it was levied on corn 
 (Demosth. c. Neacr. 1353) ; which, however, could 
 only be imported, exportation being prohibited by 
 law (Demosth. c. Lacr. 941); and also on woollen 
 cloth, and other manufactured goods. (Demosth. c. 
 Mul. 538.) On imports the duty was payable on 
 the unloading (Demosth. c. Lacr. 932) ; on exports, 
 probably, when they were put on board. The 
 money was collected by persons called irecT?;- 
 KoaroAoyoi, who kept a book in which they entered 
 all customs received. Demosthenes refers to their 
 entry {dTi-oypa<pri), to prove that a ship was not 
 laden with more than a certain quantity of goods. 
 (c. Pliorin. 909.) The merchant who paid the 
 duty was said Tr€VTr]K0VTeve<7dai. All the cus- 
 toms appear to have been let to fann, and probably 
 from year to year. They were let to the highest 
 bidders by the ten ir&iArjTa/, acting under the au- 
 thority of the senate. The fanners were called 
 TcAcScai, and were said dve^uBai rrjc TrcvTrjKocrTTjf, 
 They might either collect the duty themselves, or 
 employ others for that purpose. Several persons 
 often joined together in the speculation, in which 
 case the principal, in whose name the bidding took 
 place, and who was responsible to the state, was 
 called o.px'i''V^ or TfXwvdpxvs. Sureties were 
 usually required. (Demosth. c. Timoc. 713; Andoc. 
 de Mild. 17. ed. Steph. ; Wachsmuth, ii. i. 152.) 
 Whether the customs on different articles of mer- 
 chandise were farmed altogether, or separately, 
 does not appear. The corn-duty at least was kept 
 distinct (Demosth. c. Ncacr. 1353): and this was 
 the case with another tax. (Aesch. c. Timarch. 16.) 
 With respect to the amount of the revenue derived 
 from this source, the reader may consult Biickh, 
 Siaaislunish. der Ath. i. 337 — 342. The Trecrr) 
 KOCTTj) has been thought by some to be the same with 
 the e^^i/j-fviov, mentioned by Pollux (viii. 132; ix. 
 30), but this was more probably a duty paid for 
 the use of the harbour, whether goods were im- 
 laden or not ; and was perhaps the same as the 
 eKaroffTi], mentioned by Xenuphon (de Rep. Ath. 
 i. 17) as being paid by foreign ships entering the 
 Piraeus, and alluded to by Aristophanes. ( Vesp. 
 658.) Bockh's conjecture, that, besides a personal 
 harbour due, a duty was levied of one per cent, on 
 all the goods on board, appears less probable ; for 
 it woidd be unreasonable to exact a customs duty 
 on goods not landed ; and, if they were to be land- 
 ed, why should the TrecTijKoffT?;' be required in ad- 
 dition to the e/caroffT^ ? (See Biickh, /rf. 343 — 
 346.) [C. R. K.] 
 
 nENTHKOSTrs. [Army (Greek), p. 88.] 
 PEPLUM (weirKos), a shawl, differing from 
 the scarf [Chlamys] in being much larger, and 
 from the blanket [Pallium] in being finer and 
 thinner and also considerabl)' larger. It was some- 
 times used as a cover to protect valuable articles of 
 furniture (Hom. //. v. 194) or to adorn a throne 
 {Od. vii. 9G), but most commonly as a part of the 
 dress of females (Horn. //. v. 315. 734, 735; viii. 
 384 ; Od. XV. 123—128; eWs, //. xiv. 178; 
 Eurip. Hcc. 1013, Med. 791; Theocrit. i. 33); 
 although instances occur, even among the Greeks, 
 in which it is worn by the other sex, unless we 
 
 PEPLUM. 
 
 suppose the term to be in these instances improperly 
 put for (pSpos. (Eurip. Ion, 1033; Theocrit. vii. 
 17.) In Persia and other Eastern countries the 
 shawl was no doubt worn anciently, as it is at the 
 present day, by both sexes. (Aeschyl. Pers. 204. 
 474. 1030. l6(il.) Also in Bacchanalian proces- 
 sions it was worn by men both in allusion to 
 Oriental h;d)its, and because they then avowedly 
 assumed the dress of females. (Eurip. /i/ccA. 783 — 
 791.) This was commonly the garment which the 
 Orientals rent as an expression of rage or grief. 
 (Aeschyl. 11. cc. ; Eurip. Hec. 553 — 555; Xen. 
 Q/rop. 'iii. 1. § 13 ; iii. 3. § 67 ; v. 1. § 6.) Wo- 
 men of high rank wore their shawls so long as to 
 trail upon the ground. {TpwdSas eXKeaiireitKovs, 
 Hom. II. vi. 442 ; 'EKhv irauvireiTAos, Od. iv. 305.) 
 A shawl was sometimes wrapt about the head 
 during sleep. (ApoUon.Rhod.iv. 1294. 1314. 1351.) 
 Like all other pieces of cloth used for the Amictus, 
 it was often fastened by means of a brooch [Fi- 
 bula] (Soph. Track. 920; Callim. Lav. Pall. 70; 
 Apollon. Rhod. iii. 833), and was thus displayed 
 U|jon the statues of female divinities, such as Diana 
 (Brunck, Amd. iii. 206) and the goddess Rome. 
 (Apollin. Sidon. Carm. v. 18.) It was, however, 
 frequently worn without a brooch in the manner 
 represented in the annexed woodcut, which is 
 
 copied from one of Sir Wm. Hamilton's vases 
 (vol. iii. pi. 58). Each of the females in this group 
 wears a shift falling doAvn to her feet [Tunica], 
 and over it an ample shawl, which she passes en- 
 tirely round her body and then throws the loose 
 extremity of it over her left shoulder and behind 
 her back, as is distinctly seen in the sitting figure. 
 The shawl was also often worn so as to cover the 
 head while it enveloped the body, and more espe- 
 cially on occasion of a funeral (see woodcuts, p. 
 438), or of a marriage, when a very splendid shawl 
 (ttoittJs, 1 Macctdj. i. 27) was worn by the bride. 
 The following woodcut (from Bartoli, Adinir.Rom. 
 Ant. pi. 57) may be supposed to represent the mo- 
 ment when the bride, so veiled, is delivered to her 
 husband at the door of the nuptial cham.ber. He 
 wears the Pallium only; she has a long shift be- 
 neath her shawl, and is supported by the pronuba. 
 
PER CONDICTIONEM. 
 
 Thus veiled the poets represented Aurora and 
 Night, but with tliis difference, that the one arose 
 I expandinn- a shawl dyed with saffron {KpoKoirarAos 
 ' "Hois, Horn.//, viii. 1 ; xxiii. S'^T), whereas a black 
 I one enveloped the other (jieXd/xirewXas Ni)|, Eurip. 
 I /on, 1150). In reference to the bridal shawl the 
 I epithet ■narrT6<popos was given to Venus. (Brunck, 
 Anal. iii. 4.) 
 
 Of all the productions of the loom shawls were 
 those on which the greatest skill and labour were 
 bestowed. So various and tasteful were the sub- 
 jects which they represented, that poets delighted 
 to describe them. The art of weaving them was 
 entirely Oiientiil {^apgdpuv V(pd.(rfiaTa, Eurip. lun, 
 II 5.9) ; those of the most splendid dyes and curious 
 workmanship were imported from Tyre and Sidon 
 (Horn. II. vi. 289 — 294) : a whole book was 
 written by Polemo " Conceriiinij the S/iaids at 
 Carthage.'''' (Athen. xii. p. 541.) Hence "Shawls" 
 (■ir6VA.oi, Clem. Alex. Strom, vi. 1. p. 736. ed. Pot- 
 ter) was one of the titles of works of an imagina- 
 tive or descriptive character, and was adopted to 
 intimate the variety of their subjects and the beau- 
 tiful mode of displaying them. A book, intended 
 to depict some of the characters in the Iliad, and 
 denominated " The Shawl," was ascribed to Aris- | 
 totle. (Eustath. in II. ii. 557.) As a specimen of [ 
 the subjects delineated a shawl may be mentioned, I 
 which exhibited the frame of the world. (Mart, i 
 Capella, L. vi. in Maittaire's Corpus Podarum, | 
 vol. ii. p. 1440.) Euripides describes one which 
 represented the sun, moon, and stars, and which, 
 with various others containing hunting-pieces and ; 
 a great variety of subjects, belonged to the temple i 
 ol Apollo at Delphi, and was used to fonu a magni- ' 
 ficent tent for the purpose of an entertainment 
 {Ion, 1141- — 1162); for it is to be observed, that ; 
 stores of shawls were not only kept by wealthy in- 
 dividuals (Hom. Od. XV. 104—108), but often 
 constituted a very important part of the treasures 
 of a temple (Eurip. Ion, 329, 330), having been 
 presented to the divinity on numerous occasions by 
 suppliants and devotees. (Horn. II. vi. 271 — 304 ; 
 Virg. Acn. i. 480, Cir. 21—35.) [Donaria, p. 
 355; Panathenaea ; Pastophorus.] [J.Y.I 
 PER CONDICTIO'NEM. This Legis Actio, 
 says Gains, was so called because the plaintiff gave 
 notice to the defendant to be present on the 
 thirtieth day after the notice in order that a judex 
 might be appointed. It was an actio in personam 
 and applicable to those cases in which the plaintiff' 
 
 PERA. 737 
 
 required the defendant to give something {qna 
 intendit dari oportere). This Legis Actio was in- 
 troduced by a Lex Silia in the case of a tixed sum 
 of money {ccrta peci/.ni</), and by a Lex Sempronia 
 in the case of any definite thing. Gaius observes 
 that it does not appear why this fonn of action 
 was needed, for in a case of dari oportere there 
 was the Sacramcntum, and the Per Judicis postu- 
 lationem. The name Condictio was applied to 
 actiones in personam, after the legis actiones fell 
 into disuse, though improperlj', for the notice (de- 
 nuutiatio) whence the legis actio took its name was 
 discontinued. (Gaius, iv. 18, &c.) [G. L.] 
 
 PER JUDICIS POSTULATIO'NEM was 
 one of the Legis Actiones. The passage in Gaius 
 is wanting in which this form of action is described. 
 It was applicable to a great variety of cases, and 
 to some cases the same as the sacramentmn was 
 applicable. [Per Condictionem.) [G. L.] 
 
 PER MANUS INJECTIO'NEM. [Manu.s 
 Injectio.] 
 
 PER PI'GNORIS CAPIO'NEM or CAP- 
 TIO'NEM. This was one of the Legis Actiones 
 or old Fonus of procedure, which in some cases 
 was founded on custom (mos), in others on enact- 
 ments {lex). It was founded on military usage in 
 the following cases. A soldier might seize as a 
 pledge ( piffnus aiparc) anything belonging to the 
 person who had to distribute the aes militare, in 
 case he did not make the proper payments ; he 
 might also make a seizure in respect of the money 
 due to hun for the purchase of a horse {aes equestre) ; 
 and also in respect of the allowance for the food of 
 his horse {aes liordiarium). The Law of the 
 Twelve Tables allowed a pignoris capio in respect 
 of pay due for the hire of a beast, when the hire 
 money was intended for a sacrifice. By a special 
 law (the name is not legible in the M.S. of Gaius) 
 the publicani had the right pignoris capionis in re- 
 spect of vectigalia publica which were due by any 
 lex. The thing was seized ( pignus cajnehatur) 
 with cert;iin fonnal words, and for this reason it 
 was by some considered to be a legis actio. Others 
 did not allow it to be a legis actio, because the 
 proceeding was extra jus, that is, not before the 
 Praetor, and generally also in the absence of the 
 person whose property was seized. The pignus 
 could also be seized on a dies nefastus, or one on 
 which a legis actio was not permitted. 
 
 It appears from a passage of Gaius, in which he 
 speaks of the legal fiction that was afterwards in- 
 troduced into the Fonnula by which the publicani 
 recovered the vectigalia, that the thing seized was 
 only taken as a security and was redeemed by 
 payment of the sum of money in respect of which 
 it was seized. In case of non-payment there must 
 however have been a power of sale, and accordingly 
 this pignoris capio resembled in all respects a 
 pignits proper, except as to the want of consent on 
 the pai-t of the person whose property was seized. 
 It does not appear whether this legis actio was the 
 origin of the law of pledge, as subsequently de- 
 veloped ; but it seems not improbable. (Gaius, iv. 
 2(), <S;c. ; Cic. Vcrr. iii. 1 1 ; I'iynoris capio, Gell. 
 vii. 10.) [G. L.] 
 
 PERA, dim. PE'RULA (irjjpa), a wallet, made 
 of leather, worn suspended at the side by rustics 
 and by travellers to carry their provisions (Mart, 
 xiv. 81), and adopted in imitation of them by the 
 Cynic philosophers. (Diog. Laert. vi. 13; Brmick, 
 Anal. i. 223; ii. 22. 28; Auson. Epig. 53. 
 
 3 u 
 
738 PERDUELLIONIS DUUMVIRI. 
 
 [Baculus.] The cup for drinking was carried in 
 the wallet. (Senec. Epist. 91.) The sower carried a 
 wallet, depending from his right shoulder, to hold 
 his seed. (Rrunck, Anal. ii. 21.').) The annexed 
 woodcut is the representation of a goat-herd with 
 his stai? and wallet from tiie column of Theodo- 
 sius, formerly at Constantinople. (Menestrier, 
 Descr. de la Col. Hist. Par. \1 02. pi. Ifi.) [J. Y.] 
 
 PERDUE'LLIO. [Ma.testas, p. 588.] 
 PERDUELLIO'NIS DUU'MVIRI were two 
 officers or judges appointed for the purpose of try- 
 ing persons who were accused of the crime of 
 perducllio. Niebuhr believes that they were the 
 same as thequaestores parricidii, and Walter (6V«7«. 
 dca Horn. IM/ts, p. 24. note 19) agrees with him, 
 though in a later part of his work (p. 8,55. note 
 20) he admits tliat they were distinct. It ap- 
 pears from a comparison of the following pas- 
 sages,— Li v. i. 26 ; Dig. i. tit. 2. s. 2. § 23 ; Fcst. 
 s. V. Parici and Sororium, either that some of 
 the ancient writers confound the duumviri pcr- 
 duellionis and the quaestores parricidii, or that, 
 at least during the kingly period, they were the 
 same persons; for in giving an account of the same 
 occurrence, some writers call the judges quaes- 
 tores parricidii, while others call them duumviri 
 perduellionis. After the establishment of the re- 
 public, however, there can be no doubt that they 
 were two distinct offices, for the quaestores were 
 appointed regularly every year, whereas the duum- 
 viri were appointed very rarely and only in cases 
 of emergency, as had been the case during the 
 kingly period. (Liv. ii. 41; vi. 20; Dion Cass, 
 xxxvii. 27.) Livy (i. 26) represents the duumviri 
 perduellionis as being appointed by the kings, but 
 from .lunius Gracchanus (Dig. i. tit. 13. 1 ; com- 
 pare Tacit. Annal. xi. 22) it appears that they 
 were proposed by the king and appointed by the 
 populus (m/cs popidi siiffraijiu crealjuui). During 
 the early part of the republic they were appointed 
 by tiie comitia curiata, and afterwards by the 
 coraitia centuriata, on the proposal of the consuls. 
 
 PEREGRINUS. 
 
 (Dig. i. tit. 2. s. 2. § 23 ; Cic. pro Rahir. 4, &c.) 
 In the case of Rabirius (b. c. 63), however, this 
 custom was violated, as the duumviri were appoint- 
 ed by the praetor instead of by the comitia centu- 
 riata. (Dion Cass. /. c; Cic. /. c; Suet. Cacs. 12.) 
 In the time of the emperors no duumviri perduel- 
 lionis were ever appointed. 
 
 The punishment for those who were found guilty 
 of perduellio was death ; they were either hanged 
 on the arbor iiifcliv or thrown from the Tarpeian 
 rock. But when the duumviri found a person 
 guilty, he might appeal to the people (in early times 
 the populus, afterwards the comitia centuriata), as 
 was done in the first case which is on record (Liv. 
 i. 26 ), and in the last, which is that of Rabirius, 
 whom Cicero defended before the people in the 
 oration still extant. Marcus Horatius who had 
 slain his sister, was acquitted, but was neverthe- 
 less obliged to undergo some symbolical punish- 
 ment, as he had to pass under a yoke with his 
 head covered. The house of those who were exe- 
 cuted for perduellio, was razed to the ground, and 
 their relatives were not allowed to mourn for them. 
 (Dig. .3. tit. 2. s. 11. § 3.) [L. S.] 
 
 PEREGRI'NUS, a stranger or foreigner. In an- 
 cient times the word peregrinus was used as sjniony- 
 mous with hostis (Varro, de Ling.Lat.'vi. p. 4. Bip.; 
 Cic. de Off. i. 12), but in the times of which we 
 have historical records, a peregrinus was any per- 
 son who was not a Roman citizen, though he might 
 belong to an allied people, for the allied Latins and 
 Hernicans are called peregrini (Liv. iii. 5; v. 19; 
 viii. 5), and even the plebeians are sometimes de- 
 signated by this name. All peregrini were either 
 connected with Rome by ties of hospitality, or 
 they were not. Respecting the former see Hospi- 
 TIUM. The latter, if they had any business to 
 transact at Rome, required a patronus, who under- 
 took the management of their causes in the coiu-ts 
 of justice. When the dominion of Rome became 
 extended over a great part of Italy, whole towns 
 and nations sometimes entered into the relation of 
 client to some influential Roman who then acted 
 as their patronus. But in B. c. 247 a second prae- 
 tor (praetor pereffrviiis) was appointed for the pur- 
 pose of administering justice in matters between 
 Romans and peregrini, and in matters between 
 such peregrini as had taken up their abode at 
 Rome. [Praetor.] Whether a peregrinus had 
 commercium or connubium with Rome depended 
 upon the relation of his native country or town to 
 Rome. The number of such peregrini who lived 
 in the city of Rome appears to have had an injuri- 
 ous influence upon the poorer classes of Roman 
 citizens, whence on some occasions they were 
 driven out of the city. The first example of this 
 kind was set in b. c. 127, by the tribune M. Ju- 
 nius Pennus. (Cic. de Of. iii. 11 ; Brut. 28 ; Fest. 
 s. V. RespaUica.) They were expelled a second 
 time by the tribune C. Papius, in B. c. 66. (Cic. de 
 Off. iii. 11; Dion Cass, xxxvii. 9.) The same 
 measure was sometimes also adopted by the early 
 emperors. (Suet. Auc;. 42.) As peregrini were not 
 citizens, they had none of the rights of citizens ; 
 their existence at Rolne was merely an act of tole- 
 ration on the part of the Romans. 
 
 During the last period of the republic and the 
 first centuries of the empire, all the free inhabitants 
 of the Roman world were, in regard to their political 
 rights, either Roman citizens, or Latins, or pere- 
 grini, and the latter had, as before, neither com- 
 
PERGULA. 
 
 merciiim nor connubium with the Romans. They 
 were either free provincials, or citizens who had 
 forfeited their civitas, and were dejrraded to the 
 rank of peregrini (Suet. Claud. 16 ; Dig. 2. tit. 4. 
 s. 10. § 6), or a certain class of frcedmen, called 
 peregrini dediticii. (Plin. Epist. x. 4 ; DEniTicii.) 
 The most numerous class was of course that con- 
 sisting of free provincials, many of whom also lived 
 at Rome and in Italy. In matters concerning their 
 own families or their property they enjoyed in 
 Roman courts of justice all those rights which the 
 jus gentium claimed for them (Gains, iii. .03. 132, 
 133), and even parts of tlie Roman law were trans- 
 ferred and iipplied to them. (Gains, i. 47 ; iv. 87.) 
 If a peregrinus died at Rome, his property went 
 ; either to the aerarium, or if he had had a patronus 
 I the latter succeeded to it jure applicationis. ( Cic. 
 ! dc Oral. i. 39.) In the provinces also the pere- 
 grini were allowed to live according to their own 
 laws and customs. (Gains, i. .92 ; iii. .96. 120. 134.) 
 It appears that from the time of the ]\Iarsic war 
 i the peregrini were allowed to serve in the Roman 
 I armies. The Jews alone seem to have formed an ! 
 ij exception on account of their religious duties, i 
 I (Joseph. .\iv. 10, II — 19.) This service 
 
 j in the Roman armies was in many cases the first 
 i| step towards the civitas, for many were made citi- 
 i zens after the time of tlieir service had elapsed ; 
 tand in the reign of M. Aurelius provincials are 
 1 even said to have obtained the civitas immediately 
 J on their enlisting in the armies. (Walter, Cesch.d. 
 i Roni. Rechts, p. 330. note 91.) Since in the reign 
 (of Antoninus Caracalla (211 — 217), all the free 
 : inhabitants of the empire were made cives Roraani, 
 peregrini henceforth no longer existed within tlie 
 boundaries of the empire, except in cases when 
 (barbarians, not subject to it, entered the Roman 
 . amies, or when new conquests were made, and in 
 ;the case of peregrini dediticii. But on the whole 
 I it may be said that the Romans at that time divid- 
 I ed the inhabitants of the whole world into Romans 
 land barbarians. (Sidon. ApoU. Epist. i. 6.) 
 ; [L-S.] 
 I PE'RGULA, appears to have been a kind of 
 I booth or small house, which afforded scarcely any 
 I protection except by its roof, so that those who 
 I passed by could easily look into it. It served 
 I both as a workshop (Dig. 5. tit. 1. s. 1,0) and a 
 stall where things were exhibited for sale. We 
 ■ find, for insUmce, that painters exhibited their 
 : works in a pergula that they might be seen by 
 , those who passed by (Lucil. ap. Ladarit. i. 22), 
 i and Apelles is said to have concealed himself in 
 his pergula behind his pictures that he might over- 
 hear the remarks of those who looked at them. 
 (Plin. H. N. XXXV. 36. § 12.) Such places were 
 occupied by persons, who, either by working or 
 sitting in them, wished to attract the attention of 
 the public. (Salmas. ad Script. Hist. Aug. p. 458, 
 4.59.) Hence we find them inhabited by poor 
 philosophers and grammarians who gave instruction 
 and wished to attract notice in order to obtain 
 pupils. (Suet. Aug. 94 ; de Illustr. Grammat. 18 ; 
 Flav. Vopisc. Saturnin. 10; Juven. xi. 137.) 
 
 It should be observed that scholars do not agree 
 as to the real meaning of pergula : Scaliger {ad 
 Plant. Pseud, i. 2. 79) describes it as a part of a 
 house built out into the street, as in some old 
 houses of modem times; Ernesti {ad Smi. Aug. 
 94) thinks that a pergula is a little room in the 
 upper part of a house which was occasionally used 
 
 nEPl'OIKOI. 
 
 739 
 
 by poor philosophers as an observatory. But neither 
 of these two definitions is so applicable to all the 
 passages in which the word occurs as that which 
 we have proposed. [L. S.] 
 
 nEPl'AEinNON. [FuNUS, p. 438.] 
 nEPl'OIKOI. This word properiy denotes the 
 inhabitants of a district lying around some parti- 
 cular localitj-, but is generally used to describe a 
 dependent population, living without the walls or 
 in the country provinces of a dominant city, and 
 although personally free, deprived of the enjoyment 
 of citizenship, and the political rights conferred by 
 it. Tlie words avvoiKoi and jikroMoi have an 
 analogous meaning. 
 
 A political condition such as that of the iregloiKoi 
 of Greece, and like the vassalage of the Germanic 
 nations, could hardly have originated in anything 
 else than foreign conquest, and the wegloiicoi of 
 Laconia furnish a striking illustration of this. 
 Their origin dates from the Dorian conquest of the 
 Peloponnesus, when the old inhabitants of the 
 I country, the Achaians, submitted to their con- 
 ! querors on certain conditions, by which, according 
 I to Ephoms (Strabo, viii. p. 364), they were left 
 in possession of their private rights of citizenship 
 (iVoTi/iia), such as the right of intermarriage with 
 the Dorians, and also of their political franchise. 
 They suffered indeed a partial deprivation of their 
 lands, and were obliged to submit to a king of 
 foreign race, but still they remained equal in 
 law to their conquerors, and were eligible to 
 all oflices of state except the sovereignty. 'IcrS- 
 vofxoi fiiTexovTd Kal TroKiTflas Kal apx^'^'^"- 
 (Arnold, TJiuei/d. i. p. 641.) But this state of 
 things did not last long: in the next generation 
 after the conquest, either from the lust of increased 
 dominion on the part of the Dorians, or from an 
 unsuccessful attempt by the Achaians to regain 
 their independence, the relation between the two 
 parties was changed. The Achaians were reduced 
 from citizens to vassals ; they were made tributary 
 to Sparta (cucTeAeis), and their lands were sub- 
 jected to a tax, perhaps not so much for the sake 
 of revenue as in token of their dependence ( Ephor. 
 I. c.y, they lost their rights of citizenship (itro- 
 Ti/iia), such as that of intermarriage with the Do- 
 rians, the right of voting in the general assembly, 
 and their eligibility to important offices in the 
 state, such as that of a senator, &c. It does not, 
 however, appear that the Perioeci (especially in the 
 Historic times) were generally an oppressed peo- 
 ple, though kept in a state of political inferiority 
 to their conquerors. On the contrary, the most 
 distinguished amongst them were admitted to offices 
 of trust (Thucyd. viii. 61), and sometimes invested 
 with naval command (Id. viii. 22), but probably 
 only because they were better suited for it than the 
 Spartans themselves, who did not set a high value on 
 good sailorship. Moreover, the Perioeci sometimes 
 served as heavy-armed soldiers or troops of the line : 
 at the battle of Plataea, for instance, they supplied 
 10,000 men, 5000 hoplites and 5000 light-armed 
 (Ilerod. ix. 61), a circumstance which seems to 
 imply a difference of rank connected with a dif- 
 ference of occupation amongst the Perioeci them- 
 selves. Again, at Sphacteria 292 prisoners were 
 taken, of whom 120 were Spartans and the rest 
 iregioiKot. (MlUler, iii. 2. § 3.) We also read of 
 Ka\ol Kayadol, " or accomplished and well-born " 
 gentlemen, amongst the Perioeci serving as 
 volunteers in the Spartan service. (Xen. Hell. v. 
 
 3 B 2 
 
740 
 
 nEPl'OIKOI. 
 
 nEPl'OIKOI. 
 
 3. § 9.) But still it is not to be expected, it is 1 
 not natural, that men competent to the discharge 
 of high functions in a state, and bearing its 
 burdens, should patiently submit to an exclusion 
 from all political rights. Accordingly we find, that 
 on the rising of the Helots in B. c. 4()4, some of 
 the Perioeci joined them. (Thucyd. i. 101.) When 
 the Thebans invaded Lacouia (b. c. 3(!9), the 
 Perioeci were ready to help them. (Xen. Hdl. vi. 
 ,5. "2.5.) In connection witli the insurrection of 
 Cinadon we are told that the: Perioeci were most 
 bitter against the ruling Spartans. (Id. iii. 3. fi.) 
 From these and other facts (Clin. F. 11. Apjien. 
 xxii.) it appears that the Perioeci of Laconia, if 
 not an oppressed, were sometimes a disaffected and 
 disconteuted class ; though in cases of strong ex- 
 citement, or of general danger to the whole of 
 Greece, they identified themselves with their con- 
 querors. The very relation indeed which subsisted 
 between them was sufficient to produce in Sparta 
 a jealousy of her subjects, witli corresponding feel- 
 ings on their part. Nor can we suppose that the 
 Dorians would willingly permit the Perioeci to ac- 
 quire strength and opulence, or even to settle in 
 large towns. (Thirlwall, Hid. of Greece, i. 307.) In 
 fact it is stated by Isocratcs {Faiial/i. p. 307), that 
 the Dorians intentionally weakened the Acliaians 
 by dispersing them over a great number of hamlets, 
 which they called iroAeir, though they were less 
 powerful than the country parishes of Attica, and 
 were situated in the most unproductive parts of 
 Laconia, tlie best land of which was reserved for the 
 Spartans. It is not, however, necessary to under- 
 stand the orator as speaking of a uniform practice ; 
 and another of his statements, to the effect that the 
 Ephori coidd put any of the Perioeci to death (p. "27 1 ) 
 without trial, is eitlier a perversion of the truth, or 
 arose from his confounding the Perioeci with the 
 Helots. 
 
 Still the grievances of the Perioeci were not 
 after all intolerable, nor do they seem to have been 
 treated with wantonness or insolence. The distance 
 at which many of tliem lived from S])arta,must have 
 rendered it impossible for them to share in the ad- 
 ministration of the state, or to attend the public 
 assemblies ; a circumstance which nuist in some 
 measure have blunted their sense of tlieir political 
 inferiority. Nor were they sulijectcd to the re- 
 straints and severe discipline which the necessity 
 of maintaining their political sujiremacy imposed 
 upon the Spartans, making them more Uke an 
 " army of occupation in a conquered country" or a 
 " beleaguered garrison" than a society of men 
 united for civil government and mutual advantage. 
 By way of compensation, too, the Perioeci enjoyed 
 many advantages (tliough not considered as privi- 
 leges) which tlie Spartjins did not. The trade and 
 manufactirres of the country were exclusively in 
 their hands, and carried on by them with the more 
 facility and profit as they occupied maritime towns. 
 The cultivation of the arts also, as well in the 
 higher as in the lower departments, was confined 
 to the Perioeci, tlie Spartans considering it beneath 
 themselves ; and many distinguished artists, such 
 as embossers and brass-founders, were found in the 
 Laconian schools, all of whom were probably 
 Perioeci. (MuUer, Dnr. iii. 2. § 3.) Nor is there 
 wanting otlier evidence, thougii not altogether free 
 from doubts, to show that the Spartan provincials 
 were not in the least cliecked or shackled in the 
 development of theii- intellectual powers. (Tliirl. 
 
 and Mull. /. c.) Moreover, it seems natural tosu))- 
 pose that they enjoyed civil rights in the coui- 
 luunities to which they belonged, and wliicli other- 
 wise would scarcely have been called TroAeis ; but 
 whether or no these cities had the power of elect- 
 ing their own chief magistrate is a matter of conjec- 
 ture. Ephorus, indeed, (I.e.) informs us that on the 
 contpiest of the Peloponnesus by the Dorians, tliey 
 divided the country of Laconia into six districts, 
 four of wliich were left in the possession oF tlic 
 Achaians, and governed by magistrates sent from 
 Sparta ; but we do not know how long this prac- 
 tice lasted, nor can we draw any conclusions with 
 respect to the government of Laconia in general 
 from the example of Cytliera, to which a Spartan 
 officer was annually sent under the peculiar title 
 of KuflrjpoSiKTis, or the " Justice of Cytliera." 
 
 The number of Laconian (as they arc called) 
 or subject cities, is said to have fonnerly amounted 
 to 100. (Strabo, viii. p. 3(;2.) Several of them lay 
 on the coast, as Gythium the port of Sparta; 
 whence the whole coast of Laconia is called i) 
 irepioi/fi's. (Thucyd. iii. IG.) Many, however, lay 
 more inland, as Thuria (Thucyd. i. 101) and 
 Cardarayle, which seems to have belonged to the 
 old Messenia. The inhabitants of the district nf 
 Sciros (rj Ski/jitis), on the confines of Arcadia, seem 
 to have been distinct from the other ireploim 
 (Xen. Hell. v. 2. 24), and in battle were posted by 
 themselves on the left wing. (Thucyd. v. 07.) An 
 enumeration of the principal of these cities is given 
 in Clinton. (Fast. Hell. App. c. 22.) The Perioeci 
 also occupied the island of Cythera, at the port of 
 which the Lacedaemonian merchants usually put 
 in, on their voyages home from Egypt and Lihyo. 
 (Thucyd. iv. S3 ; vii. .57.) We 'have said that 
 the Perioeci living in these to^vns were the de- 
 scendants of the old inhabitants of the country, hiit 
 we must not suppose they were exclusively so. 
 Some of them on the contrary were foreigners, 
 wlio had either accompanied the Dorians on their 
 invasion of Laconia, or been afterwards invited by 
 them to supply the place of the dispossessed 
 Achaians. One of these cities, Boia, is even said 
 to have been founded by a Ileracleid chief (Stralin, 
 p. 3(!4) ; and another, Geronthrae, was peopled by 
 colonists sent from Sparta, after it was evacuated 
 by the old inhabitants. (Paus. iii. 22. .5.) 
 
 Tlie number of Perioeci in the Persian war is 
 thus determined by Clinton {I.e.): — "At the 
 battle of Plataea in i). c. 47.'), the Perioeci supplied 
 10,000 men. ]f we assume this proportion to lie 
 the same as that winch tlie Spartan force bore to 
 the whole nunilier on the same occasion, or five- 
 eighths of tlie whole number of citizens, this 
 would give 16,000 for the males of full age. 
 and the total population of this class of the 
 inhabitants of Laconia would amount to aboul 
 (j(i,000 persons." 
 
 In the later times of Spartan history, tht 
 Perioecian towns of the coast (Laconicae orae cas- 
 teUa et vici) were detached from Sparta by T 
 Quintius Flaniininus, and placed under the protec 
 tion of the Acliaian league. (MliU. iii. 2. § 1 
 Liv. xxxiv. 29 and 30 ; xxxviii. 31.) Subsequentb 
 to this the emperor Augustus released 24 town: 
 from their subjection to Sparta, and formed then 
 into separate communities, under laws of their owr 
 They were consequently called Eieuthcro-Lacones 
 (Paus. iii. 21. C.) But even in tlie time of Pausa 
 ! nias some of the Laconian towns were not avn 
 
PERISCELIS. 
 ■vofiot, but dependent upon Spui'ta (trvmeKoCirai es 
 
 A class of Perioeci, and also of Helots, lias been 
 said by Milller to be the basis of the Dorian form of 
 govennncnt : we may therefone expect to find I'eri- 
 oeci amongst other Dorian communities, as well as at 
 Sparta, as, for instance, Elis and Argos,and the Boeo- 
 tian Thebes : the dependent towns of which sUites 
 formed separate commmiities, as Thespiae under 
 Thebes, the Tryphylian cities in Elis, and Orneae 
 mider Argos, though they could not be called av- 
 Tov6noi. (Wachs. I. i.p. IGl.) From the last men- 
 tioned town, which was long independent, but re- 
 duced about B. c. 580, all the Argive Perioeci 
 derived their name of Urneatae. About the time 
 of the Persian war, however, the inhabitants of tlie 
 towns surrounding Argos were received into the 
 city as (Tuvoikoi, and admitted to the rights of 
 citizenship ; a change which was attended with a 
 revolution in the constitution of Argos, aiul gave 
 additional force to its democracy. (Midler, iii. 4. § 
 2.) The Dorian cities of Crete also liad their Peri- 
 oeci (Arist. Pd. ii. 7), as well as the colonies of 
 Cyrene and Thera. (Herod, iv. 161.) 
 
 The Perioeci of antiquity have been compared 
 to other bodies, such as the plebS of Rome, and the 
 communities of the Athenian demi or parishes. 
 But the only resemblance they bore to the latter 
 was in the simihirity of their position relative to 
 the chief city of their country, nor did the former 
 body stand in tlie same relation to the Patricians 
 as the Laconian provinciids did to the Spartan 
 citizens. Modern history furnishes fitter objects 
 of comparison in the Nomian conquest of England 
 and the city of Augsburg. (Arnold, Thuciid. vol. i. 
 App. 1 and 2.) The burghers or free citizens of 
 Augsburg lived in the city, while there grew up 
 about them a distinct and large community living 
 without the city, chieily formed of the eman- 
 cipated vassals of the dominant class, and called 
 " Pfahlbiirgcr," or citizens of the "pale," the 
 suburbs in which they lived being surrounded by 
 palisades. The Norman conquest of England pre- 
 sents a striking parallel to the Dorian conquest of 
 Laconia, both in its achievement and consequences. 
 The Saxons, like the old Achaians, were deprived 
 of their lands, excluded from all offices of trust and 
 dignity, and reduced, though personally free, to a 
 state of political slavery. The Nonnans on the 
 contrary, of whatever rank in their own country, 
 were aU nobles and warriors, compared with the 
 conquered Saxons, and for a long time enjoj-ed ex- 
 clusively the civil and ecclesiastical administration 
 of the land. 
 
 For further details see Arnold, Thucyd. lib. i. c. 
 101, and Appendix ii. ; Thierrj', Hintoire dc la 
 Conquiic de VAiiytiderre par les Nuniuinds, Livres 
 iv.— vii. [R. W— N.] 
 
 nEPl'nOAOI. ['E'I'HBOS, p. 385.] 
 PERPSCELIS {TTipi^KeMs, Long. Pant. i. 2 ; 
 Menander, cip. Pnlluc. ii. 194 ; v. 100 ; Hor. Ep. 
 I. xvii. 56 ; Patron. 67). Much controversy has 
 arisen with regard to the true meaning of this word. 
 The et)-mology points out merely that it was some- 
 thing worn round the leg (ircpl (tkcAoj), but from 
 the context of the passage in Horace where it 
 is found we must at once infer that it was a 
 trinket. The Scholiast explains it as " omamentum 
 pedis circmn crura," and hence we can scarcely 
 doubt that it denotes an anklet or bangle, especially 
 since we know that these were commonly worn 
 
 PERO. 
 
 741 
 
 not only by the Orientals, the Egyptians, and the 
 Greeks, but by tlie Roman ladies also. (Plin. H.N. 
 xxxiii. 3. s. 12 ; compare Wilkinson's A/icie/itErjt/p- 
 tiam, vol. iii. p. 374.) Tliis explanation perfectly 
 accords with the expressions of Tertullian {De 
 Cultii Feminarum, ii. sub fin.), where the p>erLscelutm 
 is spoken of as decorating the h-g in the same 
 manner as the bracelet adorns the wrist and the 
 necklace the throat. The anklet is frequently re- 
 presented in the paintings of Greek figures on the 
 walls of Pompeii, as in the following representa- 
 tion of a Nereid. {Muneo Burbunko, tom. vi. 
 tav. xxxiv.) 
 
 It must be observed, however, that the Greek 
 lexicographers Hesychius, Photius, and Suidas, in- 
 terpret irepiir/ceAr) and TrepiffKeAta by QpaKKia, 
 (pefuvdXia, and St. Jerome (Episi. ad FahvA.) ex- 
 pressly states that the Cireek wepiaKeXij were the 
 same with the Latin fi-.minalia, that is, drawers 
 reaching from the navel to the knees. In the 
 Septuagint we find Trepiir/feAes (sc. tv^vfia) in 
 Exod. xxviii. 42, xxxix. 28, Levit. vi. 10, and 
 TreptdKeMov in Levit. xvi. 4, which our translators 
 uniformly render, and apparently with accuracy, 
 linen hreechen. [W. R.] 
 
 PERISTRO'MA. [Tapes; Velum.] 
 
 PERISTY'LIUM. [House (Roman), p. 496.] 
 
 PERJU'RIUM. [Oath (Roman), p. 652.] 
 
 riEPl'ZnMA. [Suui.icaculum.] 
 
 PERO (dpguAr), dim. dpSvXis), a low boot of 
 untanned hide(c7'«</i(s, Virg. ylcw.vii. 690 ; Brunck, 
 Anal. i. 230), worn by ploughmen (pcrunatus 
 aralor, Pers. v. 102) and shepherds, as exemplified 
 in the woodcuts at pp. 122. 647, and by others 
 employed in rural occupations. (Jnv. xiv. 186.) 
 It had a strong sole (Theocrit. vii. 26), and was 
 adapted to the foot with great exactness. (Galen, 
 in Hippoc. Lib. iv.) It was also called tttjAoitc^tis 
 on account of its adaptation for walking tlirough 
 clay and mire. This convenient clothing for the 
 foot was not confined to the laborious and the 
 poor. Sigismer, a royal youth of Gaul, and his 
 companions, had such boots, or high shoes, with 
 the hair remaining upon them {perone seioso), 
 bound about the ankles, the knees and calves of 
 the legs being entirely bare. (Sid. ApoUin. Epist. 
 iv. 20.) In the Greek mythology Perseus was re- 
 presented wearing boots of this description with 
 wings attached to them. (Lycophron, 839.) Diana 
 wore them, when accoutred for the chace. (Brunck, 
 Anal. iii. 206.) [Cothurnus.] 
 
 The term dp€v\Ti is applied to an appendage to 
 the Greek chariot. (Eiu'ip. Hijipol. 1179; Her. 
 Fur. 1275.) It seems to have been a shoe fast- 
 ened to the bottom of the chariot, into which the 
 
742 
 
 PERSONA. 
 
 PERSONA. 
 
 driver inserted his foot to assist him in driving and 
 to prevent him from being thrown out. [J. Y.] 
 nEPO'NH. [Fibula.] 
 
 PERPENDI'CULUM, the Une and plummet, 
 was used by bricklayers, masons, and plasterei-s, 
 in ancient times, as it has been ever since. (Cic. 
 ad Q. Frai. iii. 1 ; Vitruv. vii. 3. § 5 ; Plin. H. iV. 
 XXXV. 49 ; xxxvi. 22. s. 51 ; Apul. de Deo Socr. p. 
 150. ed. Aldi.) The etymology of the name is 
 obvious, and explains the construction of the in- 
 strument. With the addition of a frame fixing 
 two points equidistant from the apex, as it appears 
 on the tomb represented at p. 229, it also served 
 the purpose of a level. [Libra ; Paries.] [J. Y.] 
 PERPE'TUA ACTIO. [Actio, p. 8.] 
 PROSECUTO'RIA ACTIO. [Actio, p. 8.] 
 PERSO'NA (larva, irpoaonroy or ■n-poawTreioi''), 
 a mask. Masks were worn by Greek and Roman 
 actors in nearly all dramatic representiitions. This 
 custom arose undoubtedly from the practice of 
 smearing the face with certain juices and colours, 
 and of appearing in disguise, at the festivals of 
 Dionysus. [Dionvsia.] Now as the Greek drama 
 arose out of these festivals, it is highly probable 
 that some mode of disguising the face was as old as 
 the drama itself. Choeiilus of Sauios, however, is 
 said to have been the first who introduced regular 
 masks. (Suid. n. i\ XoiplWos.) Other writers 
 attribute the invention of masks to Thespis or 
 Aeschylus (Horat. ad Pis. 278), though the latter 
 had probably only the merit of perfecting and 
 completing the whole theatrical apparatus and 
 costume. Phrynichus is said to have first intro- 
 duced female masks. (Suid. s. v. ^pvvixos.) Aris- 
 totle (Poet. ii. 22) was unable to discover who had 
 first introduced the use of masks in comedy. Some 
 masks covered, like the masks of modern times, 
 onlj' the face, but they appear more generally to 
 have covered the whole head down to tlie shoul- 
 ders, for we find always the hair belonging to a 
 mask described as being a part of it ; and this 
 must have been the case in tragedy more especially, 
 as it was necessary to make the liead correspond 
 to the stature of an actor which was heightened 
 by the cothurnus. 
 
 I. Tr.\gic: Masks. It may at first seem 
 strange to us, that the ancients, with their refined 
 taste in the perception of the beautiful in form 
 and expression, should by the use of masks have 
 deprived the spectators in their theatres of the 
 possibility of observing the various expressions, of 
 which the human fiice is capable, and which with 
 us contribute so much to theatrical illusion. But 
 it must be remembered, that in the large theatres 
 of the ancients it would have been impossible for 
 the greater part of the audience to distinguish the 
 natural features of an actor. The features of the 
 masks were for this same reason very strong and 
 marked. Agciin, the di'amatis personae of most of 
 the ancient tragedies were heroes or gods, and 
 their characters were so well known to the specta- 
 tors, that they were perfectly tj-pical. Every one 
 therefore knew iimnediately on the appearance of 
 such a character on the stage, who it was, and it 
 would have been difficult to a Greek audience to 
 imagine that a god or hero should have liad a face 
 like that of an ordinary actor. The use of the 
 cothurnus also rendered a proportionate enlarge- 
 ment of the countenance absolutely necessary, or 
 else the figure of an actor would have been ridicul- 
 ously disproportionate. Lastly, the solemn charac- 
 
 ter of ancient tragedy did not admit of such a 
 variety of expressions of the countenance as modem 
 tragedies ; the object of which seems to be to ex- 
 hibit the whole range of human passions in all their 
 wild and self-devouring play. How widely dif- 
 ferent are the characters of ancient tragedy! It 
 is, as MUUcr {Hist, of Ike Lit.nf Anc. Greece, i. 
 p. 298) justly remarks, perfectly jwssible to imagine, 
 for example, the Orestes of Aeschylus, the Ajax of 
 Sophocles, or the Medea of Euripides, throughout 
 the whole tragedy with the s;uue countenance, 
 though it would be difficult to assert the same of a 
 character in any modern drama. But there is no 
 necessity for supposing that tlie actors appeared 
 throughout a whole piece with the same counte- 
 nance, for if circumstances required it, they might 
 surel}- change masks during the intervals between 
 the acts of a piece. Whether the open or half- 
 open mouth of a tragic mask also contributed to 
 raise the voice of the actor, as Gellius (v. 7) thinks, 
 cannot be decided here, though we know that all 
 circumstances united to compel a tragic actor to 
 acquire a loud and sonorous voice. 
 
 The masks used in ancient tragedies were thus, 
 for the most part, tj-pical of certain characters, and 
 consequently differed according to the age, sex, 
 rank, and other peculiarities of the beings who 
 were represented. Pollux, from wliom we derive 
 most of our information on this subject, enumerates 
 (iv. 133, &c.) 25 typical or standing masks of 
 tragedy, six for old men, seven for young men, 
 nine for females, and three for slaves. The number 
 of masks which were not typical, but represented 
 certain individuals with their personal peculiarities, 
 such as the blind Thamyris, the hundi-ed-eyed 
 Argus, &c., must have been nmch more numerous, 
 for Pollux by way of example mentions thirty of 
 such peculiar masks. The standing masks of tra- 
 gedy are divided by Pollux into five classes. 
 
 1. Trayia masks for old men. The mask for the 
 oldest man on the stage was called |upi'as avfip, 
 from the circumstance of the beard being smoothly 
 shaved. The hair, which was in most cases attached 
 to the masks, was white, and hung down with the 
 exception of a part above the forehead, which rose 
 in an acute angle, or in a round shape, and left the 
 temples uncovered. This rising part of the hair 
 was called ojkos. The cheeks of this mask were 
 flat and hanging downwards. A second mask for 
 old men, called Keimos acr)'p, had grey hair, floating 
 around the head in locks, a full beard and a promi- 
 nent forehead, above which the hair finmed a 
 small ojKos. The countenance was probably pale, 
 as the adjective Aeu/co's seems to indicate. A third 
 mask, called crirapromKios, had black hair inter- 
 spersed with grey, and was somewhat pale. It 
 probably represented a hero of from 40 to 50 years 
 of age, and in a suffering condition. The fourth 
 mask, /xeXas dv-qp, represented a hero in his full 
 vigour, with black and curly hair and beard, strong 
 features and a high 07KOS. This was probably the 
 mask for most of the tragic heroes who were not 
 very nuich advanced in age. For a secondary class 
 of heroes tliere were two other masks, the ^avBos 
 and the ^afBorepos dvrip : the former represented 
 a fair man with floating locks, a low oyKos, and a 
 good colour in his countenance ; the second or 
 fairer man, was pale and of a sickly appearance. 
 
 2. Tru</ic masks for young men. Among these 
 are mentioned, 1. The veaciV/cos 7ra7Xf"!''"''<'S) ^ 
 mask intended to represent a man who had just 
 
If PERSONA. 
 
 f entered the age of manhood, and was j-et unbeard- 
 \ ed, but of a blooming and brownish complexion, 
 and with a rich head of hair. The name Trdyxp't- 
 \ mos probably indicates that the mask might be used 
 If in a great variety of parts. 2. The veavitTKOs 
 ou\os, or |ac9dj or viripoyKos, a fair youth of a 
 liaughty or impudent character ; his hair was curly 
 and formed a high ojkos ; his character was indi- 
 cated by his raised eye-brows. 3. NeaficTKos 
 ! irdpovKos, resembled the preceding mask, but was 
 ', somewhat younger. The counterpart of these two 
 was 4. The dira\6s, a young man of a delicate and 
 
 ■ white complexion, with fair locks and a cheerful 
 ' countenance like that of a 3-outhful god. 5. IIi- 
 ' vapos. There were two masks of this name, both 
 
 representing young men of an irascible appearance, 
 of yellow complexion and fair hair ; the one, how- 
 ever, was taller and younger, and his hair was 
 I more curly than that of the other. 6. 'ilxpos, a 
 ; mask quite pale, with hollow cheeks and fair float- 
 • ing hair. It was used to represent sick or wound- 
 ed persons. 7. The irdpoixpos might be used for 
 the vd-yxPV'^'^os if this character was to be repre- 
 
 ■ scnted in a suft'ering or melancholy situation. 
 
 3. Tragic iiuis/:x /or male slaves. Pollux men- 
 
 ■ tions three, viz. the 5i<p0€oi'oj, which had no oyKos 
 and wore a band round the smooth Vifhite hair. 
 The countenance was pale, the beard graj', the 
 nose sharp, and the expression of the eyes melan- 
 choly. The a'<l>rivoirwy(i)i' or the pointed beard, re- 
 presented a man in his best years, with a high and 
 broad forehead, a high oy/coj, hardened features, 
 
 ; and a red face. The dvdai/x.os or the pug-nose, was 
 an impudent face with fair rising hair, of a red 
 colour and without beard. 
 
 4. Tragic masks fur female slaves. Of these five 
 specimens are mentioned, viz. the iroAid KaraKonos, 
 in earlier times called Trapdxpoifios, represented an 
 old woman with long white hair, with noble but 
 pale features, to indicate a person who had seen 
 better days; the ypaiSiov eK^udepov, an old freed- 
 ui.man; the ypal'Siov olKeriKov., the old domestic 
 ^liive; the oIk^tikov /xfaoKovpou, a domestic slave 
 of a middle age ; and lastly the SitpdeptrLs, a young 
 Icmale slave. 
 
 5. Tragic masks for free women. The first of these, 
 called KardKo/xos, represented a pale lady, with long 
 black hair and a sad expression in her countenance. [ 
 She generally shared the sutferings of the iirincipal I 
 hero in a play. The second, called fJ-iaoKovpos ! 
 ioxpa, resembled the former, with the exception 
 that her hair was half shorn. She was a woman ; 
 of middle age, and was probably intended to repre- 
 sent the wife of the chief hero, if he was not too 
 advanced in age. The third is the tieaoKoupos 
 irpocrcpoTos, representing a newly married woman 
 in full bloom with long and floating hair. The [ 
 fourth is the Kovpi/ios irapQho^, a maiden of mature 
 age, with short hair divided on the middle of the 
 forehead, and lying smoothly around the head. 
 The colour of her countenance was rather pale. 
 There was another mask of the same name, but it 
 differed from the former by the following circum- 
 stances : — the hair was not divided on the forehead 
 or curled, but wildly floating, to indicate that she 
 had had much suffering to go through. The last 
 is the kSpj], or young girl. This mask represented 
 the beauties of a maiden's face in their full bloom, 
 such as the face of Danae, or any other great 
 beauty was conceived to have been. 
 
 The account which Pollux gives of the tragic 
 
 PERSONA. 
 
 743 
 
 masks comprehends a great number, but it is 
 small in comparison with the great variety of 
 masks which the Greeks must have used in their 
 various tragedies, for every hero and every god 
 wlio was known to the Greeks as a being of a par- 
 ticular character, must have been represented by a 
 particular mask, so that the spectators were en- 
 abled to recognise him immediately on his appear- 
 ance. For this very reason the countenances of 
 the gods, heroes, and heroines, must, in point of 
 Ijeauty, have been as similar as possible to their 
 representations in statues and paintings, to which 
 the eyes of the Greeks were accustomed ; and the 
 distorted masks with widely open mouths, which 
 are seen in great numbers among the paintings of 
 Herculaneura and Pompeii (see the annexed wood- 
 cut from Muscu Dorhoii. vol. i. tab. 20) would 
 give but a very in- 
 adequate notion of 
 the masks used at 
 Athens d uring the 
 most flourishing pe- 
 riod of the arts. AH 
 the representations 
 of tragic masks be- 
 longing to this pe- 
 riod, do not show the 
 slightest trace of ex- 
 aggeration or distortion in the features of the coun- 
 tenance, and the mouth is not opened wider than 
 would be necessary to enable a person to pronounce 
 such sounds as oil or lia. In later times, however, 
 distortions and exaggerations were carried to a 
 very great extent, but more particularly in comic 
 masks, so that they in some degree were more car- 
 ricatures than representations of ideal or real coun- 
 tenances. (ApoUou. Vit. Apollon. v. 9. p. 195. ed. 
 Olear ; Lucian, de Saltat. 27 ; Anach. 23 ; Niyriii. 
 11 ; Somn. s. Gall. 2G.) 
 
 The annexed woodcut re- 
 presents some masks, one ap- 
 parently comic and the other 
 tragic, which are placed at the 
 feet of the choragus in the 
 celebrated Mosaic found at 
 Pompeii. {Museo Burhon. vol. 
 ii. tab. oG ; Gell, Pomp. vol. i. 
 pL 45.) 
 
 II. Comic Masks. — In the old Attic comedy, 
 in which living and distinguished persons were so 
 often brought upon the stage, it was necessary that 
 the masks, though to some extent they may have 
 been caricatures, should in the main points be 
 faithful portraits of the individuals whom thej' 
 were intended to represent, as otherwise the object 
 of the comic poets could not have been attained. 
 The chorus on the other hand, as well as certain 
 phantastic dramatis personae, rendered sometimes 
 a complete masquerade necessary ; as in those cases 
 when the choreutae appeared with the heads of 
 birds or of frogs. Sec. We may remark here, by 
 the way, that the chorus of tragedy appeared gene- 
 rally without masks, the Eumenides of Aeschylus 
 being probably only an exception to the general 
 rule. The masks of the characters in the old Attic 
 comedy were therefore, on the whole, faithful to 
 life,and free from the burlesque exaggerations which 
 we see in the masks of later times. A change was 
 made in the comic masks, when it was forbidden to 
 represent in comedy the archon by imitating his 
 person upon the stage (Schol. ad Aristoph. Nuh, 
 
447 
 
 PERSONA. 
 
 31), and still more, shortly after, by the extension 
 of this law to all Athenian citizens. (Schol. ad 
 Aristopli. Ach. 1 149 ; Av. 1297 ; Suid. s. v. 'hvri- 
 fxaxos.) The consequence of such laws was, that 
 the masks henceforth, instead of individuals, repre- 
 sented classes of men, i. e. they were masks typical 
 of men of certain professions or trades, of a particu- 
 lar age or station in life, and some were grotesque 
 caricatures. A number of standing characters or 
 masks was thus introduced in comedy. Pollux 
 gives a list of such standing masks, which are 
 divided, like those of tragedy, into five classes. 
 
 1. Comic mush for old men. Nine masks of 
 this class are mentioned. The mask representing 
 the oldest man was called naniros irpwro^ : his 
 head was shaved to the skin, he had a mild ex- 
 pression about his eyebrows, his beard was thick, 
 his cheeks hollow, and his eyes melancholy. His 
 complexion was pale, and the whole expression of 
 the countenance was mild. 2. The TraiviTos erepos 
 was of a more emaciated and more vehement ap- 
 pearance, sad and pale ; he had hair on his head 
 and a beard, but the hair was red and his ears 
 broken. 3. The r^yeiiol/v, likewise an old man, 
 with a thin crown of hair round his head, an aqui- 
 line nose, and a Hat countenance. His right eye- 
 brow was higher than the left. 4. The 7rp6cr§uT7)f 
 had a long and floating beard, and likewise a crown 
 of hair round his head ; his eyebrows were raised, 
 but his whole aspect was that of an idle man. 5. 
 The ipiJjiveios was bald-headed, but had a beard 
 and raised eyebrows, and was of angry appearance. 
 C. The TTopvoSocTKOs resembled the mask called 
 AuKOiiiTjSeios, but his lips were contorted, the eye- 
 brows contracted, and the head without any hair. 
 7. The epfxoiveios Seiirepos had a pointed beard, 
 but was otherwise without hair. 8. The (rtprjuo- 
 irdywv or pointed beard, was likewise bald-headed, 
 had extended eyebrows, and was looking ill-tem- 
 pered. 9. The Ai;K:o;ur(5€ios had a thick beard, 
 was conspicuous on account of his long chin, and 
 the fonn of his eyebrows expressed great curiosity. 
 
 The annexed comic 
 mask, representing an old 
 man, is taken from the 
 Museo Dorbon. vol. i. 
 tab. A. 
 
 2. Comic masks for 
 yoimg men. Pollu.x enu- 
 merates ten masks of this 
 kind. l.The7ra7'x^'')''"''os 
 formed the transition from 
 the old to the young 
 
 men ; he had but few wrinkles on his forehead, 
 showed a muscular constitution (70jiim(rTi/cds), was 
 rather red in the face, tlie upper part of his head 
 was bald, his hair was red, and his eyebrows raised. 
 2. The veacicT/cor fxeKas was younger than the pre- 
 ceding one, and with low eyebrows. He repre- 
 sented a young man of good education and fond of 
 gymnastic exercises. 3. The peaviaKos ov\os, or 
 the thick-haired young man, was young and hand- 
 some, and of a blooming countenance, his eyebrows 
 were extended, and there was only one wrinkle 
 upon his forehead. 4. The veaviaicos dvaAos, his 
 hair was like that of the 7rct7xgr)(rTos, but he was 
 the youngest of all, and represented a tender youth 
 brought up in seclusion from the world. 5. The 
 dygoMos or rustic young man, had a dark com- 
 plexion, broad lips, a pugnose, and a crown of hair 
 round his head. 6. The eiriCTeicrToj (ngartwrris 
 
 PERSONA. 
 
 or the formidable soldier, with black hair hanging 
 over his forehead. 7. The eTriVeiffTos S«uT6fos 
 was the same as the preceding, only younger and 
 of a fair complexion. 8. The koKu^ or the flatterer, 
 and 9. The iraoaffiToy or parasite were dark (com- 
 pare Athen. vi. p. 237), and had aquiline noses. 
 Both were apparently of a sympathising nature; | 
 the parasite, however, had broken ears, was merry- 
 looking, and had a wicked expression about his 
 eyebrows. 10. The eliwviKos represented a stran- 
 ger in splendid attire, his beard was shaved and 
 his cheeks pierced through. The c!ik^\m6s was 
 another parasite. 
 
 3. Comic masks for male slaves. Of this class 
 seven masks are mentioned. 1. The mask repre- 
 senting a very old man was called Trdirvos, and had 
 grey hair to indicate that he had obtained his 
 liberty. 2. The rjye/iwc depdiruiv had his red hair 
 platted, raised eyebrows, and a contracted forehead. 
 He was among slaves the same character as the 
 irpfuSvTrjs among freemen. 3. The koto) rpixlas, 
 or KctTO) TeTpixw/iecos, was half bald-headed, had 
 red hair and raised eyebrows. 4. The ovAos 
 depd-Kwv, or the thick-haired slave, had red hair 
 and a red countenance ; he was without eyebrows, 
 and had a distorted countenance. 5. The depdirm 
 jue'dos was bald-lieaded and had red hair. 6. The 
 hspdiTuv TeTTi| was bald-headed and dark, but ' 
 had two or three slips of hair on his head and on 
 his chin, and his countenance was distorted. 7. 
 The i-Kia^LUTos riyifuiii, or the fierce-looking slave, 
 resembled the Tjye/xoiv ^epdiriav with the exception 
 of the hair. 
 
 4. Comic musks for old women. Pollux men- 
 tions three, viz. the ypdtSiov iVxroc or Aukbi- 
 vtov, a tall woman with many but small wrinkles, 
 and pale but with animated eyes ; the naxfia 
 ypavs, or the fat old woman with large wrinkles, 
 and a band round her head keeping the hair toge- 
 ther ; and the ypdiStov oiKovpdv., or the domestic 
 old woman. Her cheeks were hollow, and she had 
 only two teeth on each side of her mouth. 
 
 5. Comic masks for yomuj icomcn. Pollux men- 
 tions fourteen, viz. — 1. The yvv-ri Ae/criK^, or the 
 talkative woman ; her hair was smoothly combed 
 down, the eyebrows rather raised, and the com- 
 plexion white. 2. The yvvri ouAij was only dis- 
 tinguished for her fine head of hair. 3. The Kop'? 
 had her hair combed smoothly, had high and black 
 eyebrows, and a white complexion. 4. The ;|/€i/5o- 
 Kopri had a whiter complexion than the former, her 
 hair was bound up above the forehead, and she was 
 intended to represent a young woman who had not 
 been married more than once. 5. Another mask of 
 the same name was only distingiiished from the 
 former by the irregular manner in which the hair 
 was represented. G. The (TirapTOTroAws Ae/cTiKi), 
 an elderly woman who had once been a prostitute, 
 and whose hair was partly grey. 7. The TraAAa/CTj 
 resembled the former, but had a better head of 
 hair. 8. The reAeioi' eTaipiKov was more red in 
 the face than the ^evSoKoprj, and had locks about 
 her ears. 9. The eVaipiSiov was of a less good ap- 
 pearance, and wore a band round the head. 10. 
 The Sidxpvaos ^Talpa derived the name from the 
 gold with which her hair was adorned. 11. The 
 5idfj.iTpos fTaiga, from the variegated band wound 
 around her head. 12. The Aa^tTraSiof, from the cir- 
 cumstance of her hair being dressed in such a man- 
 ner that it stood upright upon the head in the form 
 of a lampas. 13. The avya iregiKovgos represented 
 
PERSONA. 
 
 a female slave newly bought and wearing only a | 
 I white chiton. 1 4. Tlie irogo>|/T)c(<i<TToy was a slave 
 ' distingiiisiied by a pug-nose and her hair ; she i 
 
 attended upon lietaerae, and wore a crocus-coloured 
 1 chiton. 
 
 I Numerous as these masks are, the list cannot by 
 I any means be considered as complete, for we know 
 i that there were other standing masks for persons 
 i following particular kinds of trade, which are not 
 r mentioned in Pollux. Maeson of Megara, for ex- 
 ' ample, is said to have invented a peculiar mask 
 I called after his own name fiaiauv, another for a 
 slave, and a third to represent a cook. (Athen. xiv. 
 I p. (;59.) From this passage of Athenaeus we also 
 i learn that Stephanus of Byzantium wrote a work 
 
 III. Masks used in the Satyric Drama. 
 The masks used in this species of the Greek drama 
 ■i.' ie intended to represent Satyrs, Silenus, and 
 -iinilar companions of Dionysus, whence the ex- 
 pivssicms of the countenances and the form of their 
 In ads may easily be imagined. Pollux only men- 
 tions the grey-headed Satyr, the unbearded Satyr, 
 ^lll■nus, and the irctTnros, and adds that the charac- 
 ters of all the other Satyric masks either resembled 
 tlh se, or were sufficiently expressed in their names, 
 
 . the Papposilenus was an old man with a very 
 I'lvilominant animal character. (Compare Eichstiidt, 
 Dnimate Comico-Stttyrieo, p. 81.) A grotesque 
 iiKisk of a Satyr, together with one of the finest 
 s]n-cimens of a tragic mask, is contained in the 
 
 I "wnly (lallery in the British Museum, and is re- 
 piesented below. 
 
 As regards the earliest representations of the re- 
 gular dnuna among the Romans, it is expressly 
 stated by Diomedes (iii. p. 4!!G. ed. Putsch.), that 
 masks were not used, but merely the g;derus or 
 wig, and that Roscius Gallus, about the year 100 
 B. c, was the first who introduced the use of masks. 
 It should, however, be remembered that masks had 
 been used long before that time in the Atellanae 
 (Fest. s. v. Persrmata), so that the innovation of 
 Roscius must have been confined to the regular 
 drama, that is, to tragedy and comedy. As for the 
 forms of Roman masks, it might be presumed that, 
 being introduced from Greece at so late a period, 
 they had the same defects as those used in Greece 
 at the time when the arts were in their decline, 
 and tills supposition is confirmed by all works of 
 art, and the paintings of Herculaneum and Pompeii, 
 in which masks are represented ; for the masks 
 
 PES. 745 
 
 appear unnaturally distorted and the mouth always 
 wide open. The expressions of Roman writers 
 also support this supposition. (Gellius, v. 7 ; Juv. 
 iii. 175.) We may mention here that some of tiie 
 oldest MSS. of Terence contain representations of 
 Roman masks, and from these MSS. they have 
 been copied in several modern editions of that poet, 
 as in the edition published at Urbino in 17"2G. fob, 
 and in tliat of Dacier. The cut annexed contains 
 representations of four of these masks prefixed to 
 the Andria. 
 
 When actors at Rome displeased their audience 
 and were hissed, they were obliged to take olT their 
 masks ; but those who acted in the Atellanae were 
 not obliged to do so. (Fest. s. v. Personata fabida; 
 Macrob. ii. 7.) The Roman mimes never wore 
 masks. [MiMUS.j (Compare Fr. De Ficoroni, 
 Disscrtatio da larvis seeiiicis ct fiijuris comicis ant. 
 Rom.., Rom(! 1 7 30" and 1 750, 4to ; Fr. Stieve, Disser- 
 tatiu de rei sccnicae ajmd Rovianos Oriyinc.) [L. S.] 
 PE'RTICA, the pole, used by the AciRlMEN- 
 soREs, was also called Decempeda because it was 
 ten feet long. On account of its use in assigning 
 lands to the members of a colony, it is sometimes 
 represented on medals by the side of the augurial 
 plough. (Propert. iv. i. 30.) [J. Y.] 
 
 PES (iroOs), a foot. The Greeks and Romans, 
 like most other nations, took their standards of 
 length originally from the different parts of the 
 human body, and the names which were thus given 
 to the measures were retained after the measures 
 themselves had been determined with greater 
 nicety. The foot was the basis of their whole 
 system of measures of length, and as the value of 
 the Greek foot is easily obtained when that of the 
 Roman is known, it will be convenient to notice 
 the latter first. 
 
 I. TIu: Roman foot. There are five different 
 ways of determining the length of the Roman foot. 
 These are, 1. From ancient measures still in ex- 
 istence ; "2. From measurements of known disbmces 
 along roads ; 3. From measurements of buildings ; 
 4. From the contents of certain measures of capa- 
 city ; and 5. From measurements of a degree on 
 the earth's surface. 
 
 1. It might appear, at first thoughts, that an- 
 cient measures in actual existence would at once 
 give the required information. But these measures 
 are found to differ among themselves. They are 
 of two kinds, foot-measures cut upon grave-stones, 
 and brass or iron measures intended in all proI)a- 
 bility to be used as measures. From the nature 
 of the case the latter would probably be more 
 exact than the former, and in fact the measures on 
 the grave-stones are rudely cut, and their sub- 
 divisions are of unequal length, so that they have 
 no pretensions to minute accuracy ; but on the 
 other hand, it would be absui'd to suppose that 
 they would have been made very far wrong. We 
 may safely conclude that they would have about 
 as much accuracy as a measure hastily cut on 
 stone by a mason from the foot-rule used by him 
 
 I 
 
746 
 
 PES. 
 
 PES. 
 
 in working. Four such measures are preserved in 
 the capitol at Rome. Tliey are called the Statilian, 
 Cossutiaii, Aebutian, and Capponian feet. They 
 liave been repeatedly measured, but unfortunatelj' 
 the different measurements gave different results. 
 The brass and iron foot-rules, of which several 
 exist, do not precisely agree in length. There was 
 anciently a standard foot-measure kept in the 
 capitol, called the pes monetutu, which was pro- 
 bably lost at the burning of the capitol under 
 VitelHus or Titus. 
 
 2. The itinerary measurements are of two kinds, 
 according as they are obtained by measuring the 
 distance from one place to another, or the distance 
 from one niile-stone to another on a Roman road. 
 Both methods have the advantage of the diminu- 
 tion of error which always results from determin- 
 ing a lesser magnitude from a greater, but both are 
 subject to uncertainty from turnings in the road, 
 and from the improbability of the mile-stones hav- 
 ing been laid down with minute accuracy ; and 
 two other serious objections apply to the former 
 mode, namely, the difficulty of determining the 
 points where the measurement began and ended, 
 and the changes which may have taken place in 
 the direction of the road. Both methods, how- 
 ever, have been tried ; the fonner by Cassini, who 
 measured the distance from Nimes to Narbonne, 
 and by Riccioli and Grimaldi, who measured that 
 between Modena and Bologna, and the latter by 
 Cassini, between Aix and Aries. 
 
 3. The measurement of buildings is rather a 
 verification of the value of the foot as obtained from 
 other sources than an independent evidence. It 
 very seldom happens that we know the number of 
 ancient feet contained in the building measured. 
 We have one such example in the Parthenon, 
 which was called Hecatompedon (hundred-footed, 
 Plutarch, Pcrk-L 13, Catu, 5) from the width 
 of its front ; but even in this case we cannot tell 
 exactly, till we know something of the length of 
 the Greek foot, to what precise part of the front 
 this measurement applies. Again, there is the 
 ol)eIisk in the Piazza del Popolo at Rome, and the 
 Flaminian obelisk, the heights of which are given by 
 Pliny (//. N. xxxvi. 9). But the actual heights 
 of these obelisks, as compared with Pliny, would 
 give a value for the foot altogether different from 
 that obtained from other sources. Indeed the 
 numbers in Pliny are undoubtedly corrupt. An 
 ingenious emendation by Stuart would remove the 
 difficulty ; but it is obvious that a passage which 
 requii-es a conjectural emendation cannot be taken 
 as an independent authority. There is another 
 mode of deducing the value of the foot from build- 
 ings, of the dimensions of which we have no infor- 
 mation. The building is measured, and the length 
 thus obtained is divided by the supposed value 
 of the ancient foot (as derived from other evidence), 
 and if a remainder be left, this value of the foot is 
 corrected so that there may be no remainder. It 
 is assumed in this process that no fractions of feet 
 were allowed in the dimensions of the building, 
 and also that the plans were worked out with the 
 most minute exactness, both of which assumptions 
 are not very probable. In fact these measurements 
 have given different values for the foot. " Modern 
 architects," says Mr. Hussey, " do not allow that 
 such calculations could be depended on in modern 
 buildings, for detennining the tme length of the 
 measures by which they were planned. Nor are 
 
 the dimensions of the parts of buildings of the 
 middle ages in our own country, as Gothic churches 
 and cathedrals, found to agTee exactly, so as to 
 give whole numbers of the standard measure." On 
 the other hand, these measurements, like those on 
 roads, have the advantage of involving, in all pro- 
 bability, very small errors, and of the diminution 
 of the error by division. 
 
 4. Villalpando and Eisenschmidt have attempted 
 to deduce the length of the Roman foot from the 
 solid content of the congius of Vespasian. [CoN- 
 Gius.J Since the congius was the eighth of the 
 amphora, and the content of the amphora was a 
 cubic foot [Amphora], the process is to multiply 
 the content of the congius by 8, and extract the 
 cube root of the product. But this process is very 
 uncertain. First, there is a doubt about the con- 
 tent of the congms itself [Libra], then it is hardly 
 to be supposed that the content of the congius was 
 actually adapted with perfect accuracy to the length 
 of the foot, and lastly, there is a further risk of 
 error in reversing this process. 
 
 5. Some French geographers, and especially M. 
 Gosselin, have supposed that the ancient astrono- 
 mers were acquainted with the dimensions of a 
 great circle of the earth, and that they founded 
 their whole system of measures on the subdivisions 
 of such a circle. The results of M. Gosselin's cal- 
 culations agree well with those derived from other 
 sources. But we need better evidence than this 
 agreement to convince us that both the Greeks and 
 Romans, at a verjf early period, formed a system 
 of measures on such scientific principles ; and it is 
 incredible that, if such a system had really existed, 
 there should be no allusion to it in any of the an- 
 cient geographers. 
 
 The average values of the Roman foot, obtained 
 fi'om these various sources, in terms of the Enghsh 
 foot, are the following : — 
 
 1. From ancient measures .... "9718 
 
 2. From itinerary measurements . . •J)7082 
 
 3. From measurements of buildings . ■9G994 
 
 4. From the congius '9832 
 
 5. From the length of a degree . . . •!)724 
 of which the first three are the most to be depend- 
 ed on ; and of those three the average is '9708, or 
 11"G496 inches or ll-i '1490 inches; which we 
 may take as the probable value of the Roman foot. 
 
 Cagnazzi, whose researches are said bj' Niebuhr 
 to have placed the true value of the Roman foot 
 beyond a doubt {Hist, of Rom. ii. p. 407), gives it 
 a greater length than tlie above, namely "29624 of 
 a metre = "9722 of a foot: but this calculation is 
 objected to by Bockh, as being derived by a pro- 
 cess not perfectly true from the value of the pound, 
 and as being confirmed only by one existing mea- 
 sure, and also as being at variance with the value 
 of the Greek foot, obtained from independent 
 sources. {Mctroloy. Untersuch. p. 197.) i?ockh's 
 own calculation, which agrees with that of Wurm, 
 gives a value very little less than the above, namely 
 131-15 Paris linesr= -9704049 of the Enghsh foot 
 = 1 1-0450' inches. 
 
 The Romans applied the uncial division [As] to 
 the foot, which thus contained 12 undue, whence 
 our iiic/ies; and many of the words used to express 
 certain numbers of uneiae are applied to the parts 
 of the foot. (Veget. </c He Milit. i. 5 ; Plin. H. N. 
 xxvii. 5. 1 1 ; xiii. 15.) It was also divided into 
 10 diyiti (finger-breadths): this mode of division 
 vvas used especially by architects and land-sur- 
 
PES. 
 
 veyors, and is found on all the foot-nieasures that 
 have come down to us. Pol/ex (the thumb), which is 
 used in modern Latin for an i/wh is not found in the 
 ancient writers, but PUny (//. iV. xxvii. 9 ; xv. 24 ; 
 xiii. 23) uses the adjective poUicaru,- (of a thinub's 
 breadth orthickness). /'u/inus(a. hand-breadth) was 
 the fourth part of the foot, containing 4 digiti or 3 
 unciac. There seems also to have been a larger pal- 
 mus of 12 digiti, or 9 unciae. (Plin. H.X. xxi. 2(i.) 
 
 The following measures were longer than the 
 foot. Patmipes, that is, palmus et pes, 1^ foot, 
 or 15 inches ; Cubitus, 1^ foot, is seldom 
 used in Latin, except as a translation of the 
 Greek Trijxus. [Cubitus.] Ulna (the arm) is 
 used by later writers as equivalent to cubitus; but 
 it was properly tiic translation of the Greek 
 dgyvia : Pliny uses it for the whole length of the 
 outstretched arms from finger to finger. (//. N. xvi. 
 32. 40; compare Serv. wl Virg. Eel. iii. 105.) 
 From the analogy of the as we have also dtipon- 
 dium for 2 feet (Colum. iii. 15, &c.), and pes sester- 
 tius for 2A feet. (Leg. xii. Tab., Tab. viii.) Pas- 
 sus (a pace), 5 feet. (Vitruv. x. 14 ; Colum. v. 1.) 
 i\liUc passus, 5000 feet, or a mile. [Milliariuji.] 
 (/radus, = ^ passus. Leuga, or Leuca, was a Gallic 
 measure = 1500 passus or lA mile. (Aramian. 
 A/arc. xvi. 12. Itiii. Antonin.) Stones are still 
 found on the roads in France with distances 
 marked on them in Lew/ae. Deamtpeda, a pole 
 (jH'rtica) 10 feet long, was used in measuring land. 
 (Cic.;7/-o Mil. c. 27 ; Pallad. ii. Tit. 12.) Actus, 
 12 decemjwdae, or 120 feet. [Actus.] The fol- 
 lowing tables exhibit the Roman measures of length, 
 with their values in English feet and inches : — 
 1. Ordinary Measures. 
 
 Digitus 
 Uncia . 
 Palmus 
 Pes . . 
 
 Palmipes 
 C iibitus 
 
 PES. 
 
 747 
 
 Pedes. 
 
 Feet. 
 
 Inches. 
 
 I 
 
 Tg 
 
 59 
 
 ■7281 
 
 i ^ 
 
 99 
 
 •9708 
 
 4 
 
 99 
 
 2-9124 
 
 1 
 
 99 
 
 11-6496 
 
 
 1 
 
 2-5620 
 
 11 
 
 1 
 
 5-4744 
 
 2. Land Measures. 
 
 Pedes. 
 
 Yards. 
 
 Feet. 
 
 1 
 
 1? 
 
 
 "2 
 
 5 
 
 
 2 
 
 1 
 
 1 
 
 10 
 
 3 
 
 99 
 
 1-20 
 
 38 
 
 2 
 
 SOOO 
 
 1618 
 
 99 
 
 Inches. 
 11-6496 
 5- 124 
 10- 248 
 8- 496 
 5- 952 
 
 Pes . . . 
 Gradus . . 
 Passus 
 
 Decempeda . 
 jVctus . . . 
 ISIille Passus 
 or iMilliarimu 
 
 The square foot {pes qmrdratus) is called by 
 Frontinus constratus, and by Boethius contractus. 
 Frontinus applies the term quadratus to the cubic 
 foot. The principal square measure was the juge- 
 rum of 240 feet by 120. [Jugerum.] 
 
 Some have concluded from the measurements of 
 buildings that the foot was slightly reduced about 
 the time of Domitian, which Wunn accounts for 
 by supposing that the pes monctalis, after being de- 
 stroyed in the fire under Titus, was restored by Do- 
 mitian in a careless manner. Both the fact and the 
 explanation, however, appear to be very doubtful. 
 
 II. Tlie dreck foot. We have no ancient mea- 
 sures by which to determine the length of the 
 Greek foot ; but we have the general testimony of 
 ancient writers that it was to the Roman in the ratio 
 of 25 ; 24. The Greek stadium, which contained 
 600 Greek feet, is said by Roman writers to con- 
 tain 625 Roman feet ; and also a Roman mile, or 
 
 5000 feet, was reckoned equal to 8 Greek stadia, 
 or 4800 feet; both of these calculations give the 
 above ratio of 25 : 24. (Plin. //. N. ii. 23. 108; 
 Colum. V. 1 ; Polyb. iii. 39 ; Strabo, p. 322.) If 
 therefore the Roman foot was -9708 of the Eng- 
 lish, the Greek foot was equal to 1-01125 English 
 feet, or 1 2- 1 35 inches. 
 
 This value is confirmed by the measurement of 
 the Parthenon. "Stuart " {Aniiq. Ath. ii. p. 8), says 
 Mr. Iliissey, " measured the upper step of the base- 
 ment of the Parthenon, which is the platfonn on 
 which the pillars stand, and is exactly tliat part of 
 the building where we should expect that the measure 
 would have been taken, if the name Hecatompedon 
 was really given it on account of the dimensions. 
 He found the width of the front to be 101 feet 
 1-7 inches, the length of the side 227 feet 7-05 
 inches; and since these two quantities are very 
 nearly in the ratio of 100 to 225, he inferred that 
 the two sides really contained these two numbers, 
 of feet. From this he calculated the value of the 
 foot, from the front 12-137 inches, from the side 
 12-138 inches: of which the greatest exceeds the 
 value given above by only '003 of an inch." Other 
 measurements of the Parthenon and of other build- 
 ings at Athens tend to the same result. 
 
 Strabo, however (p. 322), quotes from Polybius 
 a calculation which would make the Greek and 
 Roman foot equal, but it is perfectly clear that 
 there is a mistake in this statement. Plutarch 
 iigain {C. Gracch. 7) says expressly that the mile 
 is a little less thin 8 stadia, which would give a 
 rather smaller ratio than that of 24 : 25 for the ratio 
 of the Roman to the Greek foot. It is on the autho- 
 ritj' of this passage that Biickh gives the value above 
 mentioned for the Roman foot. If, according to 
 the supposition alreadj' noticed, a slight diminu- 
 tion took place in the Roman foot, this would 
 ciccount for the ditferenee. But perhaps, we ought 
 not to consider this solitarj- passage of sufficient 
 weight to infiuence the calculation. 
 
 The Greeks used different standards at different 
 places and at different times. The foot which 
 generally prevailed over Cireece was that by which 
 the stadium at (Jlympia was measured [Stadium], 
 which was the one we have been speaking of, and 
 wliich was therefore the same as that used at 
 Athens in her best days. Hyginus (de Condit. 
 
 p. 210) mentions this foot as being used in 
 Cyrene under the name of Ptolemeius. 
 
 The following table represents the parts and 
 multiples of the Greek foot : — 
 
 5a/CTi;Ao5 
 kov^mKos 
 Tra\ai(TTrj 
 KiXas 
 dpdoSuPou 
 
 irous ... 1 
 
 TTU'y^^ ... Ij. 
 
 nuytCv ... 1_ 
 
 Trijxvs ... ll 
 
 &ni^a ... 2^ 
 
 ^liAov ... 4j 
 
 upyvtd ... 6' 
 
 Kd^a/jLos . . 10 
 
 d/j.fj.a ... 60 
 
 TrXeBgov . . 100 
 
 aTahiov . . . 600 
 
 8i'auA.os ... il200 
 
 Yards. 
 
 Feet. 
 
 Inches. 
 
 99 
 
 
 •7584 
 
 99 
 
 
 1-5168 
 
 99 
 
 15 
 
 3-0336 
 
 99 
 
 W 
 
 6-0672 
 
 
 )5 
 
 7-584 
 
 99 
 
 
 9^1008 
 
 
 1 
 
 0-135 
 
 
 1 
 
 1-6512 
 
 
 1 
 
 3^168 
 
 99 
 
 1 
 
 6^^2016 
 
 
 2 
 
 6-336 
 
 99 
 
 4 
 
 6-6048 
 
 
 6 
 
 0-81 
 
 
 10 
 
 1-35 
 
 20 
 
 
 8-1 
 
 33 
 
 •2 
 
 1-5 
 
 202 
 
 
 9 
 
 404 
 
 1 
 
 0 
 
 I 
 
748 
 
 PETAURUM. 
 
 PHALANGA. 
 
 The SoLKTvKos (a fingor-brcadth) answers to.the 
 Roman dujibis : tlie KiivSuAos (knuckfc) was "2 finger- 
 breadths, the Tra\ai(TT-i^, wliich was also called 
 iraAaKTTijs, SiSoov, SoxfJ-'ti, or SaKTv\oS6xiJ-Vi was a 
 hand-breadth. The dqdodwQov was the length of 
 the open hand. The Ai;^as was a span from the 
 thumb to the fore-tinger ; the crinSatii] a span from 
 the thumb to the little finger. The iru-yjujj was 
 the distance from the elbow to the knuckle-joints, 
 the ■nvyd/V from the elbow to the first joint of the 
 finger, the ir^x^s (cubit) from the elbow to the tips 
 of the fingers. Uf this measure there were two 
 sizes, the fiergtos and the royal ; the latter was 3 
 finger-breadths longer than the other, which would 
 make it nearly 20^ inches. 
 
 The square measures of the Greeks were the 
 TTOvs or square foot, the dgovga — 2.500 square 
 feet, and the nKeQpov — 4 arurae - 10,000 squiire 
 feet. 
 
 Certain peculiar foot-measures, differing from 
 the ordinary ones, are mentioned by ancient writers. 
 The Samian, which was the same as the Egyptian 
 foot, is known from the length of the Egyptian 
 cubit as derived from the Nilometer (namely 
 17-7427857(! inches) to have contained 11-82852384 
 inches or more than 11 f inches. A larger foot 
 than the common standard seems to have been 
 used in Asia Minor. Heron (t/e Mens. p. 30'8) 
 names the Royal or Philaeterian foot as being 1 (i 
 finger-breadtha, and the Italian as 13^, and he also 
 mentions a mile (^fi'iKioy) of ,5400 Italian or 4500 
 royal feet. Ideler supposes that the Italian foot 
 means the common Roman, and the royal a Greek 
 foot larger than the common standard, correspond- 
 ing to the stadium of 7 to the mile, which had 
 been introduced before Heron's time, namely, 
 the tenth century. The Pes Drusiamts or foot of 
 Drusus, contained 13-i Roman inches =13'1058 
 English inches. It was used beyond the bound- 
 aries of Itidy for nu\asuring land, and was the 
 standard among the Tungri in Lower Germany. 
 
 (Hussey, on Aveient Weights, &c.. Appendix; 
 Wurm, lie Pond, chaps. G and 7 ; Bockh's Metroloy. 
 Uutersach.]). 19G, &c. ; Ideler, ioHf/ere- und Fl'dehcn- 
 masse; Freret, Observations sar le nqijmrt des 
 mesures Gree<jiu<s et des mhiires Romaines, Mem. de 
 I'Acad. dTiiscrip. T. xxiv. p. 551, &c.) [P. S.] 
 
 PE'SSULUS. [J.iNU.i, p. 505.] 
 
 nE220l'. [Latrunculi.] 
 
 nETAAI2MO'2. [Banishment (Greek), p. 
 125.] 
 
 PE'TASUS. [PiLEus.] 
 PETI'TOR. [AcroK.] 
 PETAURISTAE. [Petaurum.] 
 PETAURUM (veTavpov, -rrerevpov) is said by 
 theGreek grammarians to have been a pole or board, 
 on which fowls roosted. (Hesych. s. v.; Pollux, x. 
 150.) We also find the name of Petaurum in the 
 Roman games, and considerable doubt has arisen 
 respecting its meaning. It seems, however, to 
 have been a board moving up and doAvn, with a 
 person at each end, and supported in the middle, 
 something like our see-saw ; only it appears to 
 have been much longer, and consequently went to 
 a greater heiLjhtli than is common amongst us. 
 Some writeis dcsciiljo it as a machine, fi-om which 
 those who exhibited were raised to a great heighth 
 and then seemed to fly to the ground ; but this in- 
 terpretation does not agree so well with the pas- 
 sages of the ancient authors as the one previously 
 mentioned. (Lucil. up. Fcst. s. v. Petaurist.; Juv. 
 
 xiv. 2G5 ; Mart. xi. 21. 3 ; Manil. v. 433.) The 
 persons, who took part in this game, were called 
 Petauristae or Petauristarii ; but this name seems 
 to have been also applied in rather a wider signifi- 
 cation. (Com])are Petron. 53.) 
 
 PETU'RRIIUM, a four-wheeled carriage, 
 which, like the Essbdum, was adopted by the 
 Romans in imitation of the Gauls. (Ilor. Sat. i. vi. 
 104.) It differed from the Harmamaxa in being 
 uncovered. Its name is obviously compounded of 
 petor, four, and rit, a wheel. Festus (s. r.) in ex- 
 plaining this etymology observes that pclor meant 
 four in Uscan and in Aeolic Greek. There is no 
 reason to question the truth of this remark ; but, 
 since Petor meant four in many other European 
 languages, it is more probable that the Romans de- 
 rived the name, together with the fashion of this 
 vehicle, from tlie Gaids. Gellius (xv. 30) expressly 
 says that it is a Gallic word. [J. Y.] 
 
 PHALANGA or PALANGA (Non. Marcell. 
 p. IG3. ed. Mercer), {(paKay^), any long cyhn- 
 drical piece of wood, but especially — 
 
 1. Tranks or branches of trees, or portions of 
 them, cut as articles of merchandise. The Aethio- 
 pians presented to the king of Persia SiriKoaias 
 (pa\ayyas iSevov, " 200 pieces of ebony." (Herod. 
 
 iii. !)7 ; Plin. H. N. xii. 4. s. 8.) 
 
 2. Truncheons, said to have been first used in 
 battle by the Africans in fighting against the Egyp- 
 tians. (Plin. H. N. vii. 56. s. 57.) 
 
 3. Poles used to carry burthens in the manner 
 represented in the woodcut, p. 47, or so as to com- 
 bine the strength of two or more individuals. The 
 carriers who used these poles were called plmlati- 
 yarii [Gloss. Ant. s. v.), and also inMuphtm, tctra- 
 phori, &c., according as they worked in parties of 
 six, four, or two persons. The poles were marked 
 at equal distances, and the straps which passed 
 over the shoulders of the workn\en were so fixed 
 at the divisions, that each man sust;uned an equal 
 sluire of the burthen. (Vitruv. x. 3. s. 8.) 
 
 4. Rollers placed under ships to move them on 
 dry land, so as to draw them upon shore or into the 
 water {tovpareoi KvX'wZpoi, Branck, Anal. iii. 89; 
 Apoll. Rhod. i. 375—389). This was effected 
 either by making use of the oars as levers, and at 
 the same time fastening to the stern of the ship 
 cables with a noose (ixriplvSos), against which the 
 sailors pressed with their breasts, as we see in our 
 canal navigation (Orph. Anion, 23.0 — 249. 270 
 — 273), or by the use of machines. (Hor. Carm. I. 
 
 iv. 2.) 
 
 The tnmk of the wild olive {kotIvos) served to 
 make sucli rollers (Apoll. Rhod. ii. 843 — 848; 
 Schol. ill /oe.) ; and on the occasion here referred 
 to a phalanx made of this tree was erected upon a 
 tomb instead of a stone colmnn. Rollers were em- 
 ployed in the same manner to move military en- 
 gines (Caesar, Bell. Civ. ii. 10); and we need not 
 hesitate to conclude, that columns of marble and 
 other enormous stones designed for building were 
 transported from the quarry by the same process. 
 
 If from the e;irliest period the Greeks were 
 familiar with the use of rollers ranged in long suc- 
 cession and moving parallel to one another, it might 
 be expected that the term phalanx would be used 
 by them metaphorically. We accordingly not only 
 find it applied to denote the bones of the hand and 
 foot, which are placed beside one another like 
 so many rollers; but in the Iliad (iv. 254. 281. 
 332. 427) the lines of soldiers ranged in close 
 
PHARETRA. 
 
 PIIARMACEUTICA. 
 
 r4!) 
 
 under the 
 f the iinn 
 
 arder, and following one another, arc often called by 1 and consequently, as Pindar says, " 
 the siunc expressive appellation, and hence arose the 1 elbow" (O/. ii. 150. s. !)1) or " unde 
 subse<|Hent established use of tlie term in reference 1 (viruKevtov, Theocrit. xvii. 30). It was worn tluis 
 to the Greek army. [Army (Grkek).] [J. Y.] by the Scythians (Schol. in Find. I. c.) and 
 
 PlIALA'RICA. [Hasta, p. 409.] Egyptians (Wilkinson, Man. and Cuiit. v. i. p.31 1 . 
 
 I'lIA'LERA ((foAapof ), a boss, disc, or crescent 391), and is so represented in the annexed figure 
 of metal, in many cases of gold (Herod, i. 215; of the Amazon Dinomache, copied from a Greek 
 Athen. xii. p. 550; Claudian, JJpi;/. 34) and beau- vase. (Hope, Cuslmiiu of Ancients, i. 22.) The 
 tifidly wrought so as to be highly prized. (Cic. i 
 IV/v. n. iv. 12.) Ornaments of this description, 
 being used in jiairs, are scarcely ever mentioned 
 exi c |it in the plural number. The names for them | 
 ure evidently fonued from the term tpa\os, which i 
 ].-. explained under Galea, p. 44(). (Compare I 
 I Horn. xvi. 106.) Resides the metallic orna- 
 ments of the helmet similar decorations were some- 
 times, though very rarely, worn by warriors on 
 ' other parts of their dress or armour, probably upon 
 the breast. (Virg. Am. ix. 35!). 458.) The negro 
 slaves who were kept by opulent Romans wore 
 tliriu suspended round their necks. (Sueton. Nero, i 
 ;!0.) Also the tiara of the king of Persia was thus 
 adorned. (Aeschyl. P<rs. tifiS.) But we most 
 coiinnonly read of phalerae as ornaments attached 
 li> the harness of horses (Xen. Hellrn. iv. 1. § 39 ; i 
 ' \'irg. Aen. v. 310 ; Gell. v. S ; Claudian, Epig. 36), \ 
 rspi-cially about the head (a/iiru/CTijpia tpaKapa, 
 Snph. Oed. Col. 1069; Eurip. Suppl. 5)iG ; Greg. 
 Cor. de Diah-ct. p. 508. ed.Schiifer), and often worn [ 
 as pendants (pcnsi/ia, Plin. H. N. xxxvii. 12. s. i 
 7i), so as to produce a terrific eft'ect when shaken 
 liy the rapid motions of the horse {turhmtur pha- \ 
 /. /•<((', Claudian, in iv. Cons. Honor. 548). These j 
 ornaments were often bestowed upon horsemen by 
 the Roman generals in the same manner as the left-hand figure in the same woodcut is from one 
 Arjiilla, the Torques, the hasta pura [Hasta, I of the Aegina marbles. It is the statue of an 
 
 _ , 469], and the crown of gold [Corona], in ord' 
 111 make a public and permanent acknowledgment 
 of liravcry and merit. (Juv. xvi. 60 ; A. Gell. ii. 
 11.) [J. Y.] 
 
 PIIARE'TRA {(papirpa, ap.IL rod. cpap^Tp^tiv), 
 a (juiver. A quiver, full of arrows, was tlie usual ac 
 
 Asiatic archer, whose quiver (fractured in the 
 original) is suspended equally low, but with the 
 opening towards his right elbow, so that it would 
 be necessary for him in taking the arrows to pass 
 his hand behind his body instead of before it. To 
 this fashion was opposed the Cretan method of 
 cimipaninient of the bow. [Arcus.] It was consc- , carrying the quiver, which is exemplified in the 
 qurntly part of the attire of every nation addicted i woodcut, p. 224, and is unifonnly seen in the 
 tn archery. Virgil applies to it the epithets Cressa, ; ancient statues of Diana. There was an obvious 
 Ljicia, Tlircissa (Geort/. iii. 345; Acn. vii. 816 ; | necessity that the quiver should be so hung that 
 xi. 858) ; Ovid mentions the pharclratns Gcta {De , the arrows might be taken from it ^vith ease and 
 I'onto, I. viii. 6) ; Herodotus represents it as part ; rapidity, and this end would be obtained in any 
 of the ordinary armour of the Persians (vii. 61). ! one of the three positions described. The warrior 
 Females also assumed the quiver together with the ' made the arrows rattle in his quiver as a method of 
 bow, as in the case of the Amazons (Virg. Aen. v. inspiring fear. (Anacr. xxxi. 11 ; Hesiod, /. c.) 
 311), and of those Spartan, Tyrian, and Thracian | [J. Y.] 
 
 virgins, who were fond of hunting and wore boots ! PHARMACEUTICA (^apiu-aKevriicri), some- 
 [CoTHURNUS ; Pero] and other appropriate times called ^apuaKc'ia (Pseudo-Gal. Introduet. 
 articles of dress. (Virg. Acn. i. 314 — 324.336.) c. 7. torn. xiv. p. 690. ed. Kiihn), is defined by 
 On the same principle the quiver is an attribute of : Galen {Comment, in Ilippocr. de Acut. Morh. Vietu, 
 certain divinities, viz. of Apollo (Horn. //. i. 45 ; § 5. toin. xv. p. 425) to be that part of the science 
 Virg. Acn. iv. 149), Diana (Virg. Aen. i. 500), i of medicine which cures diseases by means of 
 Hercules (Hes. Scut. Here. 129 ; ApoU. Rhod. i. drags, Sid (pap^iaictcv (compare Plato, ap. Di^>p. 
 1194), and Cupid. (Ovid, il/c<. i. 468.) The ! iocrt. iii. 1. sect. 50. § 85), and formed, according 
 quiver, like the bow-case [Corytos], was princi- to Celsus {De Medic, lib. i. Praefat. p. 3. ed. Bi- 
 pally made of hide or leather (Herod, ii. 141), and ! pont), one of the three divisions of the whole 
 was adorned with gold (Anacr. xiv. 6 ; auruta, ' science, or more properly (compare Pseudo-(jal. 
 Virg. Aen. iv. 138; xi. 858), painting (Ovid, ; //i^/'or/Kct /. c.) of that called Therapeutica. [The- 
 
 Epist. Her. xxi. 173), and braiding {mXup'paTnov, 
 Theocrit. xxv. 266). It had a lid {i^uiia, Iloin. 
 II. iv. 116 ; Od. ix. 314), and was suspended 
 from the right shoulder by a belt [Balteus], 
 passing over the breast and behind the back. (Hes. 
 I. c.) Its most common position was on the left 
 hip, in the usual place of the sword [Gladius], 
 
 rapeutica.] 
 
 With respect to the actual nature of the meili- 
 cines used by the ancients, it is in most cases use- 
 less to inquire ; the lapse of ages, loss of records, 
 change of language, and ambiguity of description 
 have rendered great part of the learned researches 
 on the subject unsatisfactory ; and indeed we are 
 
750 PHARMACEUTICA. 
 
 PHARMACEUTICA. 
 
 in doubt with regard to many of the medicines 
 emploj-ed even by Hippocrates and Galen. It 
 is however clearly shown by the earliest records 
 that the ancients were in possession of many 
 powerful remedies ; thus Melampus of Argos, one 
 of the most ancient Greek physicians with whom 
 we are acquainted, is said to have cured Iphiclus, 
 one of the Argonauts, of sterility by administering 
 the rust (or scsquiixride) of iron in wine for ten 
 days (ApoUodor. i. 9. § 12. ed. Heyne ; Schol. 
 in T/ieocr. Id. iii. 43) ; and the same physician 
 used the black hellebore as a purge on the daugh- 
 ters of king Proetus, who were afflicted with 
 melancholy. Opium, or a preparation of the 
 poppy, was certainly known in the earliest 
 ages ; it was probably opium that Helen mixed 
 with wine and gave to the guests of Menelaus, 
 under the expressive name of vT/jTreveis (Horn. Od. 
 iv. 221), to drive away their cares, and increase 
 their hilarity ; and this conjecture (says Dr. Paris 
 in his " Pharmacologia") receives much support 
 from the fact that the VT^vevBes of Homer was ob- 
 tained from the Egyptian Thebes, and the tincture 
 of opium (or laudanum) has been called " Thefxiic 
 Tincture."* 'J'here is reason to believe that the 
 pagan priesthood were under the influence of some 
 powerful narcotic during the display of tlieir 
 oracular powers. Dr. Darwin thinks it might be 
 the Lauro-Cerasus, but the effects produced (says 
 Dr. Paris) would seem to resemble rather tliose of 
 opium, or perhaps of stramonium, than of the 
 Prussic (or Hydrocyanic) acid. The sedative 
 powers of the Lactaca Sativa, or Lettuce, were 
 known also in the earliest times : among the fables 
 of antiquity, we read that after the death of Adonis, 
 Venus threw herself on a bed of lettuces to lull 
 her grief and repress her desires ; and we are told 
 that Galen in the decline of life suifered much from 
 morbid vigilance, until he had recourse to eating a 
 lettuce every evening, which cured him. (Cf. Cels. 
 De Medic, ii. 32.) The Scilla Mariiima (Sea 
 Onion or Squill) was administered in cases of 
 dropsy by the Egj'ptians, under the mystic title of 
 the Eye of Ti/phon. Two of the most celebrated 
 medicines of antiquity were Hemlock and Helle- 
 bore. With resj)ect to the former, it seems very 
 doubtful whether the plant which we denominate 
 Conium, Koiveiov, or Cicuta, was really the poison 
 usually administered at the Athenian executions ; 
 and Pliny informs us that the word Cicuia among 
 the ancients was not indicative of an}' particular 
 species of plant, but of vegetable poisons in general. 
 Dr. Mead {Mn-lian. Account of Poisons, Essay 4) 
 thinks that the Athenian poison was a combination 
 of active substances, — perhaps that described by 
 Theophrastus {Hist. Plant, ix. 17) as the invention 
 ofThrasyas, wliich was said to cause death without 
 pain, and into which Cicuta and Poppy entered as 
 ingredients. It was used as a poison by the people 
 of Massilia also. (Val. Max. ii. C. § 7.) Its 
 poisonous efiV'cts were thought to arise from its 
 extreme coldness, and therefore V\my {II. N. xxv. 
 95) says that they can be prevented by drinking 
 wine immediately after the hemlock has been 
 
 * Gorraeus, however, in his " Definitiones 
 Medicae" (s. 7-. Ni^TrevSes), thinks that the herb 
 alluded to was the " Enula Campana," or Ele- 
 campane, which is also called " Helenium" with 
 a traditional reference (as is supposed) to Helen's 
 name. 
 
 taken. Lucretius (v. 897), however, tells us tha 
 goats eat it with impunity and get fat upon it. 
 
 Of Hellebore there were two kinds, the whit 
 ( Vemtrum Alljiiin)mA the hhck {Helk-borus Niyer) 
 the former of whicli, as Galen tells us {Comment 
 ad Hippoci: Aphor. lib. v. aph. 1. tom. xvii. B 
 p. 781), is always meant by the word 'EWtSopo 
 when used alone without either of the above epi 
 thets. A description of both these medicines miij 
 be found in Theophrastus, Hist. Plant, ix. 11 " 
 Dioscorides, Ma/. Med. iv. 150, 151. 148, 149, 
 Phn. H. N. xxv. 21, &c. The former acted a.' 
 an emetic (Gell. xvii. 15), the latter as a purga- 
 tive. {I hid.) The plant was particularly cele- 
 brated for curing melancholy, insanity, &c., and 
 Anticyra was recommended to all persons afflicted 
 with these complaints, either because the black 
 hellebore grew there in greater plenty than else- 
 where, or because it could there be taken with 
 greater safety. Hence the frequent allusions to 
 this town among the ancient classical writers, and 
 Naviyet Anticifram meant to say that the person 
 was mad. (Ovid, ex Ponto, iv. 3. 53 ; Horat. Sat. ii. 
 iii. 82. 1G5 ; de Ai tePoet.300 ; Pers. iv. 16 ; Juven. 
 xiii. 97 ; Pint, de Cohib. Ira, &c.) Persons in good 
 health also took the white hellebore to clear and 
 sharpen their intellect, as Cameades is said (Gell. 
 I. c.) to have done when about to write a book 
 against Zeno. (Compare Plin. /. c; Val. Max. viii. 
 7. § 5 ; Petron. c. 88 ; Tertullian, dc Aninia, c. 6; 
 St. Jerome, Comment, i. in Epist. ad Galat. tom. iv. 
 P. i. p. 233. ed. Bened.) For many centuries it 
 was held in the highest estimation, and is praised 
 by Aretaeus {de Curat. Morb. Diuturn. i. c. 2. p. 
 302; c. 3. p. 304; c. 5. p. 317, &c. ed. Kuhn), 
 Celsus {de Medic, ii. 13 ; iii. 26, &c.), and several 
 other writers ; about the end of the fifth century, 
 however, after Christ, it appears to have fallen com- 
 pletely into disuse, as Asclepiodotus is mentioned 
 by Photius {BiUioth. cod. 500) as having pai'ticu- 
 larly distinguished himself by his success in reviy- 
 ing the employment of it. 
 
 Another celebrated medicine in ancient (and in- 
 deed in modern) times was the Theriaca, of 
 which a further account is given under that name. 
 Some of their medicines were most absurd ; we 
 have not room here to give specimens of them, but 
 they may be found not only in the works of Cato 
 and Pliny, but also in those of Celsus, Alexander 
 Trallianus, &c., and even Galen himself. Of these 
 errors, however, we ought to be the more indulgent 
 when we remember the ridiculous preparations that 
 kept their places in our own pharmacopoeias till 
 comparatively within a few j'ears. 
 
 Many of the ancient physicians have written on 
 the suljject of drugs ; the following list contains 
 probably the titles of all the treatises that are ex- 
 tant : — l.rief)! "tap^unicwc, " De Remediis Purganti- 
 bus ;" 2. riepl "EkXiSopiafxov, " De Veratri Usu ;" 
 (these two works are found among the collection 
 that goes under the name of Hippocrates, but are 
 both spurious : see Choulant, " Handbuch der 
 Biicherkunde fur die Aeltere Medicin," Leipz. 
 8vo. 1841.) 3. Dioscorides, UepV'XKifs 'larptKTjs, 
 " De Materia Medica," in five books (one of the 
 most valuable and celebrated medical treatises of 
 antiquity) ; 4. id. ITtpl 'Ewoplo'Taiv, 'Aiv\dv t6 koI 
 SwBeTuv, ^apfiaKuiv, " De Facile Parabilibus, tam 
 Simplicibus quam Compositis, Medicamentis," in 
 two books (perhaps spurious ; see Choulant, /. c.) ; 
 5. Marcellus Sideta, 'laTpiKO. irepl 'IxSvwv, "De 
 
*APMA'KnN rPA*H'. 
 
 PHASELUS. 
 
 751 
 
 Remediis cx Piscibiis 6.Galcn, Ilepl Kpd<Tfm koI '. 
 Awdfieois T£uv 'PlttXQu iapjxdKuv, *" De Siniplicium i 
 Medicamentorum Tcnipcramontis et Facultatibus," , 
 in eleven books; 7. i'l- Ilepl 2uc96(T6a)S ^apfidKoiv 
 tav Kara T6itovs, " Ue Conipositionc Medicamcn- 
 tormn secundum Locos," in ten books ; 8. id. Tlepi 1 
 SwfleffctDj '^apfxcLKav rav Kard rivT], " De Com- ; 
 , positione Medicamentorum secundum Genera," in i 
 seven books ; 9. id. Uepl rijs twv Ka6atp6vTioy "i>op- ( 
 I fiaKuv Awdfieuis, " De Purgantium jMedicamen- 
 ! toruni Facultate " (perhaps spurious : see Chou- ' 
 lant, 1. c.) ; 10. Oibasius, ^uvayayal 'laTpiKoi', 
 ! " Collecta Medicinalia," a compilation which con- 
 sisted originally of seventy books according to 
 Photius (liiUitit/i. cod. 217), or, as Suidas says, of 
 seventy-two: of these we possess at present rather 
 more than one-third, five of which (from the 
 rlrventh to the fifteenth) treat of Materia Medica ; 
 1 1. /</. "EinrdpitrTa, " Euporista ad Eunapium." or 
 " De fiicile Parabilibus," in four books, of which 
 the second contains an alphabetical list of dmgs ; 
 1"2. id. Surail/is, "Synopsis ad Eustathium," an 
 abridgement of his larger work in nine books, of 
 wliich the second, third, and fourth are upon the 
 s\il>ject of external and internal remedies; 13. 
 I'aulus Aegineta 'ETriTojurjs 'IoTp<(c7)S BigA.(a 
 "Ettto, " Compendii Medici Libri Septem," of 
 , which the last treats of Medicines; 14. Joannes 
 I Actuarius, " De Medicamentorum Compositione," 
 in two books (translated from the Greek, and onlj' 
 [ extant in Latin); 15. Nicolaus Myrepsus, "Anti- 
 dotarium " (also extant only in a Latin transla- 
 , tion) ; 16. Cato, " De Re Rustica," contains a good 
 deal of matter on this subject in various parts; 17. 
 Celsus, " De Medicina Libri Octo," of which the 
 ■ fifth treats of different sorts of medicines; 18. 
 twelve books of Pliny's " Historia Naturalis " 
 (from the twentieth to the thirty-second) are de- 
 viitod to Materia Medica ; 19. Scribonius Largus, 
 Cnnipositiones Medicamentonmi ;" 20. Apuleius 
 Barbaiiis, " Herbarium, sen de Mcdicaminibus 
 llorbarum ;" 21. Scxtus Placitus Papyriensis, 
 De Medicaraentis ex Animalibus 22. Marcel- 
 lus Empiricus, " De Medicamentis Empiricis, Phy- 
 sicis, ac Rationalibus." The works of the Arabic 
 physicians on this subject (though their contribu- 
 tions to Materia Medica and Chemistry are among 
 the most valuable part of their writings) it would 
 be out of place here to enumerate. [^V. A. G.] 
 *APMA'KnN, or *APMAKEI'A2 TPA^-H', an 
 indictment against one who caused the death of 
 another by poison, whether given with intent to 
 kill or to obtain undue influence. (Pollux, viii. 40. 
 117 ; Demosth. c. Aristocr. 627 ; An/um. in Or. 
 A/tliph. Karriy. rpap/x.) It was tried by the court 
 of Areopagus. That the malicious intent was a 
 necessary ingredient in the crime, may be gatliered 
 from the expressions ere -rrpovuias, €| iin§ov\rjs Kat 
 Trpogov^Tjs, in Antiphon (i.e. iii. 112. ed. Steph.). 
 The punishment was death, but might (no doubt) 
 be mitigated by the court under palliating circum- 
 stances. We have examples of such ypa<pal in 
 . the speech of Antiphon already cited, and that 
 entitled irepl tov xopeuroO. (Meier, All. Proc. p. 
 311.) Among the Greeks women appear to have 
 been most addicted to this crime, as we learn from 
 various passages in ancient authors. Such women 
 are called (papfxaKlSes and (paptiaKevrplai. Poison- 
 ous drugs were frequently administered as love 
 potions, or for other purposes of a similar nature. 
 I Men whose minds were affected by them were 
 
 said (papnaxdv. Wills made by a man under the 
 influence of drugs (iJwd (pap/j.aKwi') were void at 
 Athens. (Demosth. r. Sleph. 1133.) [C. R, K.] 
 
 PHAROS or PHARUS {<pdpos), a light-house. 
 The most celebrated light-house of antiquity was 
 that situated at the entrance to the port of Alex- 
 andria. It was built by Sostratus of Cnidos on an 
 island, which bore the same name, by command of 
 one of the Ptolemies, and at an expense of 800 
 talents. (Plin. //. jV. xxxvi. 12; Steph. Byz. s. i\ 
 4>apos; AchiU. Tat. v. 6.) It was square, con- 
 structed of white stone, and with admirable art; 
 exceedingly lofty, and in all respects of great 
 dimensions. (Caesar, Bdl. Civ. iii. 112.) It con- 
 tained many stories [iroKvopocpov., Strabo, xvii. 1. 
 § 6), which diminished in width from below up- 
 wards. (Herodian, iv. 3.) The upper stories had 
 windows looking seawards, and torches or fires 
 were kept burning in them by night in order to 
 guide vessels into the harbour. (Val. Flacc. vii. 
 84 ; see Bartoli, Luc. Aid. iii. 12.) 
 
 Pliny (;. c.) mentions the light-houses of Ostia 
 and Ravenna, and says that there were similar 
 towers at many other places. They are repre- 
 sented on the medals of Apamea and other mari- 
 time cities. The name of Pharos was given to 
 them in allusion to that at Alexandria, which was 
 the model for their construction. (Herodian, /. c; 
 Sueton. Claud. 20; Brunck, Anal. ii. 186.) The 
 Pharos of Brundusium, for example, was, like that 
 of Alexandria, an island with a light-house upon 
 it. (Mela, ii. 7. § 13 ; Steph. Byz. I. c.) Suetonius 
 [Ti/jer. 74) mentions another pharos at Capreae. 
 
 The annexed woodcut shows two phari remain- 
 ing in Britain. The first is within the precincts 
 of Dover Castle. It is about 40 feet high, octago- 
 nal externally, tapering from below upwards, and 
 built with narrow courses of brick and much wider 
 courses of stone in alternate portions. The space 
 within the tower is square, the sides of the octagon 
 without and of the square within being equal, viz., 
 each 15 Roman feet. The door is seen at the 
 bottom. (Stukely, Ilin. Curios, p. 129.) A similar 
 pharos formerly existed at Boulogne, and is sup- 
 posed to have been built by Caligula. (Sueton. Calig. 
 46 ; Montfaucon, Supplcm. v. iv. L. vi. 3,4.) The 
 round tower here introduced is on the summit of a 
 hill on the coast of Flintshire. (Pennant, Par. of 
 Whitcford and Hohjwell, p. 1 12.) [J. Y.] 
 
 <i>A"P02. [Pallium.] 
 
 PHASE'LUS {(pda-i]Kos), was a vessel rather 
 long and narrow, apparently so called from its re- 
 semblance to the shape of a phaselus or kidney- 
 bean. It was chiefly used by the Egyptians, 
 and was of various sizes, from a mere boat to a 
 
75-2 
 
 *A'2I2. 
 
 ^-O'NOS. 
 
 vessel adapted for long voyages. (V'irg. Geurq. iv. 
 289 ; CatuU. 4 ; Martial, x. 30. 13 ; Cic. ad Att. 
 i. 13.) Octavia sent ten triremes of tliis kind, 
 which she had obtained from Antony, to assist her 
 brother Octavianus ; and Appian {UM. Civ. v. 05) 
 describes them as a kind of medium between the 
 ships of war and the common transport or merchant 
 vessels. The phaselus was built for speed (CatuU. 
 l.c.pliaselus ille — navium celerriimcs), to which more 
 attention seems to have been paid than to its 
 strength ; whence the epithet frayilis is given to 
 it by Horace. {Carm. iii. 2. 27, 28.) These ves- 
 sels were sometimes made of clay { Jiclili/nis p/taselis, 
 ■luv. XV. 127), to which the epithet of Horace may 
 perhaps also refer. 
 
 <i>A 212, was one of the various methods by 
 which public offenders at Athens might be prose- 
 cuted ; but the word is often used to denote any 
 kind of information ; as Pollux (viii. 47) says, 
 KOivdiS <pa,iT€iS fKaXouVTO Trairai at ixrivvaeis roiu 
 \av6av6vTu>i> dSiKrtfxaTwv. (See Aristoph. £1/. 301), 
 and Ac/iaru. 823. 82(i, where the word (pavTa^ai is 
 used in the same sense as (paiVoi.) The word <tvko- 
 (pavrris is derived from the practice of laying in- 
 formation against those who exported figs. [2TK0- 
 4>A'NTH2.J 
 
 Though it is certain that the <pa.<ns was distin- 
 guished from other methods of prosecution (De- 
 mosth. c. Ai-istor/. 7.93; Isocr. c. C'allim. 375. ed. 
 Steph.), we are not informed in what its peculiari- 
 ties consisted. According to Pollux (I. c. ), it 
 might be brought against those who committed 
 olfences against the mine laws, or the customs, or 
 any other part of the revenue ; against any persons 
 who brought false accusations against others for 
 such offences ; and against guardians who injured 
 their wards. The charge, as in the ypaq>rl, was 
 made in writing {iv ypaufxariiw), with the name 
 of the prosecutor, and the proposed penalty [T'lixijfia) 
 affixed, and also the names of the K\r]Trjpes. The 
 same author says, etpaU'ovTo S4 vpos rov dpxofTa. 
 Here we mast either understand the word apxovra 
 to be used in a more general sense, as denoting 
 any magistrate to whom a jurisdiction belonged, or 
 read with Schoraann(r/(> Comil. 178)toi)s ApxovTas. 
 For it is clear that the archon was not the only 
 person before whom a ipdais might be preferred. 
 In cases where com had been carried to a foreign 
 port, or money lent on a ship which did not bring 
 a return cargo to Athens, and probably in all cases 
 of offence against the export and import laws, the 
 information was laid before the iTnfj,e\r]Tal rov 
 i/xiropiov. (Demosth. c. Tlieocr. 1323.) Where 
 public money had been embezzled, or illegally ap- 
 propriated, for which a (paais was maintainable, 
 the (Tuj/SiKoi were the presiding magistrates. (Isocr. 
 c. Caliiin. 372 ; Lys. de Puhl. Prcun. 149 ; de 
 Aristoph. bon, 154. ed. Steph.) Offences relating 
 to the mines came before the tliesmothetae. (Meier, 
 Att. Proc. 64.) Injuries done by guardians to their 
 wards or wards' (estate, whether a ]niblic prosecu- 
 tion or a civil action was resorted to, belonged to 
 the jurisdiction of the archon, whose duty it was to 
 protect orphans. (Suidas. s. v. ^dais ■ Demosth. c. 
 Onet. oG5, c. Z(ic>: 940, c. A'ausiiii. 991.) All 
 <j>a.(Teis were ti^uijtoI dywves, according to Pollux 
 (viii. 48), and he says to Ttfj.ri(lev iy'iyveTo rav 
 aZiKovfxtvwv, el Kal dWos vwep avTilv (prjveiev. 
 By this we are to understand that the Tifirjfia went 
 to the state, if the prosecution was one of a purely 
 public nature, that is, where the offence immedi- 
 
 ately affected the state ; but where it was of : 
 mixed nature, as where a private person was in 
 jured, and the state only indirectly, in such casi 
 compensation was awarded to the private person 
 This was the case in prosecutions against fraudulen 
 guardians. On the same ground, wherever th( 
 prosecutor had an interest in the cause, beyonc 
 that which he might feel as the vindicator of puhli( 
 justice ; as where he, or some third person or 
 whose behalf he interposed, was the party diroctlj 
 injured, and might reap advantage from the result : 
 he was liable to the itrwSeKia, and also to the pay 
 ment of the iTpvTavf7a, just as he would be in ; 
 private action. Probably this liability attachec 
 upon informations for carrying corn to a foreigr 
 port, as the infonner there got half the penalty i! 
 successful. (Demosth. c. TJifocr. 1325 ; Biickh 
 Slaatsh. der Aih. i. 93.) Where the <p6.ais was 
 of a purely public nature, the prosecutor would ht 
 subject only to the payment of the wapdaTaais, and 
 to the thousand drachms, if he failed to obtain ,n 
 fifth part of the votes, according to the common 
 practice in criminal causes. (Demosth. c. T/ieocr 
 1323.) Whether in those of a mixed nature he 
 was liable to these pajments, as well as to the 
 irpvTaptia and eiruSeKia, is a question which ha? 
 been much discussed, but cannot be settled. We 
 have no speech left us by the orators on the subject 
 of a (pdjis, but only mention of a lost speech of 
 Lysias irpos t7)c <pdinv tov opipaviKoS oIkov. (See 
 Biickh, Id. i. 37(;— 382. 394—39(5 ; Meier, All 
 Proc. 247 — 252. 732 ; Platner, Proe. und Kl. ii. 
 9—17.) [C. R. K.] 
 
 -J>EPNH'. [Dos (Greek).] 
 PHIALA. [Patera.] 
 
 N02, Homicide, was either iicovaios or 
 aKovaios, a distinction which corresponds in some 
 measure, but not exactlj', with our murder and mmi- 
 sluu(jhter; for the iponos eKouaios might fall witliin 
 the description of justifiable homicide, while <p6voi 
 aKovaioi might be excusable homicide. According 
 to the different circumstances under which the 
 homicide was committed, the tribunal to which the 
 case was referred, and the modes of proceeding at 
 Athens, varied. All cases of murder (with one cx- 
 j ception, to be hereafter noticed) were tried hy the 
 j court of Areopagus ; other cases of homicide were 
 (by the statutes of Draco) to be tried by the 
 ((perai. All (poviical S'lKai Ix'longed to the juris- 
 diction of the dpxt^v fiaciAevs as Tjyefioiv SiKacrrr]- 
 plov. He was anciently the sole judge in cases of 
 unintentional homicide ; for such an act was con- 
 sidered in a religious point of view, as being a pol- 
 lution of the city; and it became his duty, as 
 guardian of religion, to take care that the pollution 
 (o7oy) was duly expiated. Draco, however, esta- 
 blished the dcperat, first as a court of appeal from the 
 dpx<^v fiaaiXevs ; and soon after they began to 
 perfomi the office of StKatrral, he being the presid- 
 ing magistrate. (Suidas, s. v. 'Hyefiouia Si/cacrTT;- 
 plou ; Pollux, viii. 90. 125; Wachsmuth, il. i. 
 308.) In discussing this subject we ha\'e to con- 
 sider the various courts established at Athens for 
 the trial of homicide, the different species of crime 
 therein respectively prosecuted, the manner of pro- 
 ceeding against the criminal, and the nature of the 
 punishment to which he was liable. All these 
 jioints are full)' discussed bj' Mattliiae in his trea- 
 tise dejudiciis Allien, in the Aliscellanea PhUoloi/ica, 
 vol. i., to which more particular references are 
 given in this article. 
 
*0'N02. 
 
 Solon, who socms to have remodelled the court 
 of Areopagus, enacted that tiiis court should try- 
 cases of murder and malicious wounding, besides 
 arson and poisoning. (Demosth. c. Arktoc. 627.) 
 - One would he deemed a murderer, who instigated 
 'another to commit the deed, provided the purpose 
 were accomplished. (Demosth. c. Cimon. ]"J()4, l"2(i5; 
 Matth. 148.) Besides the court of Areopagus, 
 . there were four other courts, of which the ecpirai 
 (were judges ; to eiri riaAAaSi'ijt;, rd lirl A.eK^iviiy, to 
 leVl WpvTaviM, and to (P ^peaTToT. (Ilarpocr. et 
 Suid. s. V. 'E0€Tai.) To the court M TlaWaSicji 
 belonged cases of accidental honiicide, manslaughter, 
 and attempts to commit murder (fiovAitiafis). Such 
 a case as that mentioned by Ueniosthenes (c. Neacr. 
 1 34H) of an unlawful blow followed by death, ' 
 ■ would be manslaughter. It seems also that this 
 'court had a concurrent jurisdiction with the Areo- 
 pagus in charges of murderous conspiracy, which 
 I was carried into effect. The law perhaps allowed 
 the prosecutor to wave the heavier charge, and 
 ■proceed against the offender for the conspiracy [ 
 only. (Harpocr, s.r. ^ovXfvdfws ; Antiph. t€t/)o\. 
 1'2(1. ed. Steph. ; Matth. 150.) As to the sup- 
 p■>^.•d origin of this court, see Harpocr. s. v. 'Ett! 
 ntzAAaSiV; Pollux, viii. 118. To the court kn\ 
 ^(\<pivlcf) were referred cases where the party con- 
 fessed the deed, but justified it ; dv tis oixoKoy^ 
 ufv KTfTvai, evvonws 56 (pfj SeSpaKevai. Demo- 
 'Sthenes calls it dyiaTaroi' Kal (pfMKuSeaTaTou (c. 
 Aristocr. 644; Harpocr. s. v. 'Eirl Ae\(ptvlw; Pol- 
 lux, viii. 119). As to the origin of this court see 
 Matth. 152. In the to iv\ nptrraveitp the objects 
 of prosecution were inanimate things, as wood, 
 stone, or iron, which had caused the death of a 
 man by falling on him. (Harpoc. s.v. 'Em TlpvTav- 
 €;■(.- Pollux, viii. 120; Demosth. c. Aridwr. 645.) 
 I )raco enacted tliat the cause of death should be cast 
 "lit (if the boundaries of the land (uTrepopifeirflai), 
 in which ceremony the apxt^v jSatriAeus was assist- 
 I'd by the <;)i;Aogao-iAerf. (Meier, Att. Pnjc. 117 ; 
 Suidas, s. v. T^Ikuv; Aesch. c. Ctesiph. 88. ed. 
 Stepli.) TIlIs was a relic of very rude times, and 
 may be not inapth- compared with our custom of 
 giving dcodands. Matthiae (p. 154) thinks there 
 was an ulterior object in tlie investigation, viz., that 
 Ijy the production of tlie instrument by wliich 
 death was inflicted, a clue might be found to the 
 discovery of tlve real murderer, if any. The court 
 iv (ppeaTToi was reser\'ed for a peculiar case ; where 
 a man, after going into exile for an unintentional 
 .homicide, and before he had appeased the relations 
 of the deceased, was charged with having com- 
 mitted murder. He was brought in a ship to a 
 place in the harbour called (ppearroT, and there 
 pleaded his cause on board ship, while the judges 
 remained on land. If he was convicted, he suf- 
 fered the punishment of murder ; if acquitted, he 
 suffered the remainder of his former punishment. 
 Tlie object of this contrivance was to avoid pollu- 
 tion (for the crime of the first act had not yet been j 
 expiated), and at the same time to bring the second 
 offence to trial. (Demosth. c. Arishicr. 646 ; Har- 
 poc. s. V. 'Ev (ppmTToi; Pollux, \nii. 120; Matth. 
 155.) 
 
 To one or other of these courts all cpouiKoi SIkui 
 were sent for trial ; and it was the business of the 
 apxoiv 0aatXevs to decide which. The task of pro- 
 secution devolved upon the nearest relatives of the 
 deceased ; and in case of a slave, upon the master. 
 To neglect to prosecute, without good cause, was 
 
 *0'N02. 
 
 7.53 
 
 deemed an offence against religion, (that is in any 
 relation not further removed than a first cousin's 
 son (d«i|/io5oijs). Within that degree the law en- 
 joined the relations to prosecute, under penalty of an 
 d(T€€elas ypatpi\, if they failed to do so. (Demosth. 
 c. Am/rot. 593; i: Afacurt. 10(i9; c. Eiwiy. et 
 M/ies. 1160, 1161 ; Antiph. dc Her. mcd. 135. ed. 
 Steph.) They might, however, (\vithout incurring 
 any censure) forbear to prosecute, where the mur- 
 dered man had forgiven the murderer before he 
 died (Demosth. c. Pantaen. 983) ; or, in cases of 
 involuntary homicide, where the offender gave the 
 satisfaction which the law required ; unless the de- 
 ceased had given a special injunction to avenge 
 him. (Lysias, c. Aijui: 133. 138. ed. Steph.; 
 Matth. 170.) 
 
 The first step taken by the prosecutor was, to 
 give notice to the accused to keep away from all 
 public places and sacrifices. This was called irpop- 
 priiTis, and was given at the funeral of the de- 
 ceased. (Antiph. de Her. coed. 130. 139; de Chor. 
 141. ed.Steph. ; Demosth. c. Leptin. 505 ; e.Aristoc. 
 632 ; c. Euerij. 1 160.) After this, he gave a pub- 
 lic notice in the market-place, warning the accused 
 to appear and answer to the charge : here he was 
 said -Kpoimiiv 01 ■trpoayopeveiv (povov. (Demosth. c. 
 Macart. 1068 ; c. Neaer. 1348.) The next thing 
 was, to prefer the charge before the king-archon. 
 To such charge the term iviaia^TrTeadai or eire^- 
 levai was peculiarly applied. (Pollux, viii. 33. 118; 
 Harpoc. s. r. 'E7r€(rKr;!|/aT0 ; Antiph. Karriy. (papfi. 
 111. ed. Steph.) The charge was delivered in 
 writing ; the prosecutor was said diroypaipeaBai 
 Siicnv <p6vov. (Antiph. dc Chor. 145. ed. Steph.) 
 The king-archon having received it, after first 
 warning the defendant aTrexfo'^ai Tc5f ixvaT-qpliav 
 itaX TUP aK\iiiv vofi'ifiav (Pollux, viii. 66. 90), pro- 
 ceeded in due form to the dvoLKpuns. The main 
 thing to be inquired into was the nature of the 
 offence, and the court to which the cognizance ap- 
 pertained. The evidence and other matters were 
 to be prepared in the usual way. Three months 
 were allowed for this preliminary inquiry, and 
 there were three special hearings, one in each 
 month, called SiaSi/fatriai, or (according to Bekker's 
 reading) vpoSiKacriaL (Antiph. dc Chor. 146. ed. 
 Steph.) ; after which, in the fourth month, the 
 king-archon 6icr^7e TTiv SiVr)!/. (Alatth. 160.) The 
 defendant was allowed to put in a napaypacpri, if 
 he contended that the charge ought to be tried in 
 one of the minor courts. ^Pollux, viii. 57.) 
 
 All the (fioviKd SiKaffTTipia were lield in the open 
 air, in order that the judges might not be under 
 the same roof with one suspected of impurity ; nor 
 the prosecutor with his adversary. (Antiph de Her. 
 cacd. 130. ed. Steph.) The king-archon presided, 
 with his crown taken off. (Pollux, viii. 90.) The 
 parties were bound by the most solemn oaths; the 
 one swearing that the charge was true, that he 
 bore such a relationship to the deceased, and that 
 he would in conducting his case confine himself to 
 the question at issue ; the other declaring the 
 charge to be false. (Antiph. dc Her. caed. 130. 
 140 ; rfe Clior. 143. ed. Steph. ; Demosth. c. E'xerg. 
 1161 ; Matth. 163 ; Wachsmuth, ii. i. 336.) The 
 witnesses on both sides were sworn in like manner 
 (Antiph. dc Her. caed. 130, 131. ed. Steph. ; Meier, 
 Att. Proc. 675) ; and slaves were allowed to ap- 
 pear as witnesses. (Meier, ^ff. Pj-oc. 667.) Either 
 party was at liberty to make two speeches, the 
 prosecutor beginning, as may Be seen from the 
 
 3 c 
 
754 
 
 *0'N02. 
 
 *0'N02. 
 
 TerpaXoyla of Antiphon ; but both were obliged to 
 confine themselves to the point at issue. (Lys. c. 
 Simon. 100; Antiph. dc Chor. 143. ed. Steph.) 
 Advocates (ffuvriyopoi) were not admitted to speak 
 for the parties anciently, but in later times they 
 were. (Matth. 1(!4.) Two days were occupied in 
 the trial. After the first day the defendant, if 
 fearful of the result, was at liberty to fly the coun- 
 try, except in the case of parricide. Such flight 
 could not be prevented by the adversary, but the 
 property of the exile was confiscated. (Pollux, viii. 
 117 ; Demosth. c. Aristoc. 6'43 ; Matth. 1G7.) 
 On the third day the judges proceeded to give their 
 votes ; for which two boxes or urns were provided 
 (uSpi'ai or d.jxipopus), one of brass, the other of 
 wood ; the former for the condemning ballots, the 
 latter for those of acquittal. An equal number of 
 votes was an acquittal; a point first established 
 (according to the old tradition) upon the trial of 
 Orestes. (Aeschyl. Emncn. 753 ; Matth. 1G5.) 
 
 As the defence might consist either in a simple 
 denial of the killing, or of the intention to kill, or 
 in a justification of the act, it is necessary to in- 
 quire what circumstances amounted to a legal justi- 
 fication or excuse. We learn from Demosthenes 
 (c. Arisioe. ()37) that it was excusable to kill an- 
 other unintentionally in a gymnastic combat, or 
 to kill a friend in battle or ambuscade, mistaking 
 him for an enemy ; that it was justifiable to slay 
 an adulterer if caught in ipso delicto, or a paramour 
 caught in the same waj' with a sister or daugh- 
 ter, or even with a concubine, if her children would 
 be free. (As to an adulterer, see Lys. de Eratosih. 
 cacd. .')4. ed. Steph.) It was lawful to kill a rob- 
 ber at the time when he made his attack {^iQiis 
 d/iuvo'/xefoc) but not after. (Uemosth.ci^/'wtoc. (J"2y.) 
 By a special decree of the people, made after tlie 
 expulsion of the thirty tyrants, it was lawful to 
 kill any man who attempted to establish a tyranny, 
 or put down the democracy, or committed treason 
 against the state. (Lycurg. c. Leocr. 165 ; Andoc. 
 de Myst. 13. ed. Steph.) A physician was ex- 
 cused who caused the death of a patient bj' mis- 
 take or professional ignorance. (Antiph. rerpaA. 
 1"27. ed. Steph.) This distinction, however, must 
 be observed, justifiable homicide loft the perpe- 
 trator entirely free from pollution {^KaQapov). That 
 which, though unintentional, was not perfectly free 
 from blame, required to l)e expiated. See the re- 
 marks of Antiphon in the 'VerpaKoyla, B. 123. 
 
 It remains to speak of the punishment. 
 
 The courts were not invested with a discre- 
 tionary power in awarding punishment; the law 
 detennined this according to the nature of the 
 crime. (Demosth. c. AVw;-. 1372.) Wilful murder 
 was punished with death. (Antiph. dc Her. cued. 
 130. ed. Steph.; Demosth. c. Mid. 528.) It was 
 the duty of tlie Thesniothetae to see that the sen- 
 tence was executed, and of the Eleven to execute 
 it. (Demosth. c. Aristoc. 630 ; Meier, Att. Proc. 
 74 ; Schiiniann, Ant. jur. Pull. Gr. 246.) We 
 have seen that the criminal might avoid it by fly- 
 ing before the sentence was passed. Malicious 
 wounding was punished with banishment and con- 
 fiscation of goods. (Lys. c. Simon. 100; Matth. 
 148.) So were attempts to murder (/SouAei/treis). 
 But where the design was followed by the death 
 of him whose life was plotted against, and the 
 crime was treated as a murder, it might be punished 
 with death, at least if it was tried in the Are- 
 opagus ; for it is doubtful whether the minor courts 
 
 (except that iv <pp(arTo7) had the power of inflict 
 ing capital punishment. (Matth. 150; Schiimann 
 Ant. jur. Pidit. Or. 294; Meier, Att. Proc. 313. 
 If the criminal who was banished, or who avoidci 
 his sentence by voluntary exile, returned to th< 
 country, an ecSei^is might forthwith be laid agains 
 him, or he might be arrested and taken before tli. 
 Thesniothetae, or even slain on the spot. (Suidas 
 s. V. "EcSeilis ; Matth. 168.) The proceeding b; 
 ditayaynj (arrest) might perhaps be taken agains 
 a murderer in the first instance, if the murder wa 
 attended with robbery, in which case the prosecu 
 tor was liable to the penalty of a thousand drachm 
 if he failed to get a fifth of the votes. (Demosth. i 
 Aristoc. 647 ; Meier, Att. Proc. 231.) But n 
 murderer, even after conviction, could lawfully b' 
 killed, or even arrested, in a foreign countrj' 
 I (Demosth. c. Aristoc. 631, 632.) The humanit 
 of the Greeks forbade such a practice. It was 
 principle of international law, that tlie exile had 
 safe asylum in a foreign land. If an Athenian wa 
 killed by a foreigner abroad, the only method b; 
 which his relations could obtain redress, was t 
 seize natives of the murderer's country (not mor 
 than three), and keep them until the murderer wa 
 given up for judgment. (Demosth. c. Aristoc. 647 
 Pollux, viii. 50 ; Harpoc. and Suidas, s. v. 'Ai/8p( 
 
 Those who were convicted of unintention; 
 homicide, not perfectly excusable, were condemne 
 to leave the country for a year. Tiiey were obh{ 
 ed to go out (e'ltpx^f^"") by a certain time, an 
 by a certain route {raKTriv o5o'c), and to expiat 
 their ofi'ence by certain rites. Their tenn of absenc 
 was called dTreviaini<TiJ.6s. It was their duty aU 
 to appease (ai'Seitrflm) the relations of the decease( 
 or if he had none within a certain degree, th 
 members of his clan, either by presents or b 
 humble entreaty and submission. If the convii 
 could prevail on them, he might even return befoi 
 the year had expired. The word alSeTaOai is use 
 not only of the criminal humbling hims'df to tli 
 relations, but also of their forgiving bin. (Wacl 
 smuth, II. i.268 ; Ilarjmc. s. ?i. 'T-n-oip6pio.; DemostI 
 c. Pantaen. 983, c. Maeart. lOG.O, c. A ristoc. 643 
 Matth. 170.) The property of such a criminal Wi 
 not forfeited, and it was unlawful to do any injur 
 to him either on his leaving the country or duriii 
 his absence. (Demosth. c. Aristoc. 634.) 
 
 Such was the constitution of the courts, and tb 
 state of the law, as established by Solon, an 
 mostly indeed by Draco ; for Solon retained mo; 
 of Draco's (foviKoX v6ixot. (Demosth. c. Eucrg. 1 IG 
 c. Aristoc. ()3() ; Wachsmuth, li. i. 241.) But 
 appears that the jurisdiction of the dtperai in lat- 
 times, if not soon after the legislation of Solon, w; 
 greatly abridged ; and that most of the ipoviK 
 SiKai were tried by a common jury. It is probab 
 that the people preferred the ordinaiy method ' 
 trial, to which they were accustomed in oth' 
 causes, criminal as well as civil, to the more arist' 
 cratical constitution of the court of fiperoi. The 
 jurisdiction in the courts fv (ppfarroT and e- 
 npvTave'iw was, no doubt, still retained ; and the 
 seem to have been other peculiar cases reserved f 
 their cognizance. (PoUux, viii. 125 ; Matth. 158 
 Schomann, Ant. jur. pub. 296.) Whether tl 
 powers of the Areopagus, as a criminal court, wei 
 curtailed by the proceedings of Pericles and Eph 
 altes, or only their administrative and censori 
 authority as a council, is a question which h; 
 
*rAAPXOI. 
 
 *TAOBA2IAEr2. 
 
 755 
 
 been much discussed. The strong language of De- 
 mosthenes [c.Aristoc. 641) inclines one to the latter 
 opinion. See also Dinarchus {c. Ariitoj. init.), 
 
 : from which it appears there was no appeal from the 
 decision of that court. (Matth. 166' ; Platner, Pmc. 
 nnd Kluij. i. "27 ; Schiimann, Ant. jur. puh. 301 ; 
 Thirlwali, Gr. Hist. vol. iii. c. 17. p. 24 ; Wacli- 
 
 . smuth, II. 1. 310.) 
 
 .: No extraordinary punishment was imposed by 
 i the Athenian legislator on parricide. Suicide was 
 i not considered a crime in point of law, though it 
 
 ■ seems to have been deemed an offence against re- 
 
 • ligion ; for by the custom of the country the hand 
 , of the suicide was buried apart from his body. 
 
 (Aesch. <■. Ctcs. 88. ed. Steph.) [C. R. K.] 
 *0'NOT AI'KH. [<J>0'N02.] 
 *OPA"2 'A-tANOTS, ME0HMEPINH"2 AI'KH 
 is enumerated by Pollux (viii. 31) among the 
 I Athenian SiKcti, but we have no satisfactory ex- 
 1 planation of the meaning. K'lihn (see note to 
 
 ■ Dindorf 's edition) explains it thus : " Actio in 
 servos operarios, qui non praestabant domino 
 (fopav d.(pavov^, pensionem, mcrcedes de operis quae 
 erant a.(pa.vij, i. e. non incurrebant in oculos, uti 
 
 : facultates et opes manifestae. Erat et (popa neBr]- 
 I ix^pivri, raercedes diurnae. iopAv illam Ul. appel- 
 
 • lant, quia offerebatur domino a scrvis, vel conductor 
 ferebat conductis operariis. Dicitur et airoifopd,^^ 
 This can hardly be correct, as we have no authority 
 for supposing that an action could be brought by a 
 master against his servant. It might with greater 
 
 i probability be conjectured to be an action by the 
 owner of slaves emploj-ed in manufactui'es against 
 the person to whom they were let out, to recover 
 
 1 the resen'ed rent, which might be a certain portion 
 of the profits accruing from day to day, and would 
 
 I be aifair/is to the owner until he got an account 
 from the other party. As to the practice of lend- 
 
 ■ing slaves, see Demosth. c. Aphoh. 819. 839. 
 
 I Meier (^Att. Proc. 533) conjectures that the true 
 
 J reading might be <pwpas, tluft ; or (pdpas, search ; 
 in whicli case the action would be one for unlaw- 
 fully searching a person's house, either secretly 
 (d<pavovs) or openl}' in the day-time {fj.f6riixepivfjs). 
 The first conjecture at least is higlily improbable, 
 
 , as there was a Sikt] K\0Tvfjs. [C. R. K.] 
 
 I 4>OPBEI'A, was a strap fastened at the back of 
 the head with a hole in front, fitting to the mouth- 
 piece ; it was used by pipers and trumpeters to 
 compress their mouths and cheeks, and thus to aid 
 them in blowing. See the references under Ca- 
 risTRUM, and a woodcut on p. 219, which repre- 
 sents a woman with the (popS^ia. 
 *0'PMirH. [Lyra.] 
 *PATPI'A. [CiviTAs (Greek).] 
 PIIRY'GIO. [Pallium, p. 700.] 
 ■I-eOPA XrTN 'EAET0E'PnN, was one of the 
 offences that might be criminally prosecuted at 
 Athens. The word <pBopd may signify any sort of 
 corruption, bodily or mental ; but the expression 
 <pd. T. e. comprehends, if it is not limited to, a 
 crime too connnon among the Greeks, as appears 
 from a law cited by Aeschines. (c. Timurch. 2. ed. 
 Steph.) On this subject see UPOAmrEl'A, and 
 Schiimann, Ant. jur. pub. Gr. p. 335. 338. 
 
 [C. R. K.] 
 4>TrH\ [Banishment (Greek).] 
 *T'AAPXOI, generally the prefects of the tribes 
 in any state, as at Epidamnus, where the govern- 
 ment was formerly vested in the <pwAapx<", but 
 afterwards in a senate. (Arist. Polit. v. 1.) At 
 
 Athens the officers so called were (after the age of 
 Cleisthenes) ten in number, one for each of the 
 tribes, and were specially charged with the com- 
 mand and superintendence of the cavalry. (Hai-poc. 
 S.V.; Pollux, viii. 94.) There can be but little 
 doubt, that each of the Phylarchs commanded the 
 cavalry of his own tribe, and they were themselves 
 collectively and individually under the control of 
 the two Hipparchs, just as the Taxiarchs were 
 subject to the two Strategi. According to Pollux 
 (viii. 94), they were elected one from each tribe 
 by the Archons collectively ; but his authority can 
 hardly be considered as conclusive on this point. 
 Herodotus (v. 19) infonns us that when Cleisthenes 
 increased the number of the tribes from four to ten, 
 he also made ten Phylarchs instead of four. It has 
 been thought, however (Titmann, Staatsv. 274, 
 275), that the historian should have said ten 
 Phylarchs in the place of the old <pv\o^airi\e'is, 
 who were four in number, one for each of the old 
 tribes. (See Wachsmuth, Hd. Alt. i. 1. § 48. 
 p. 270.) [R. W— N.] 
 
 4>TAOBA2IAEr2. The origin and duties of 
 the Athenian magistrates, so called, are involved in 
 much obscurity, and the little knowledge we pos- 
 sess on the subject is derived almost entirely from 
 the grammarians. In the earliest times they were 
 four in nuraljer. representing each one of the four 
 tribes, and probably elected (but not for life) from 
 and by them, (llesych. s. v.) They were nomi- 
 nated from the Eupatridae, and during the con- 
 tinuance of royalty at Athens, these " kings of the 
 tribes " were the constant assessors of the sove- 
 reign, and rather as his colleagues than counsellors. 
 (Thirlwali, //isf. o/" 6Vem', vol. ii. p. 11.) From an 
 expression in one of the laws of Solon (Plut. i>i 
 Vit. c. 19), it appears that before his time the 
 kings of the tribes exercised a criminal jurisdiction 
 in cases of murder or high treason ; in which re- 
 spect, and as connected with the four tribes of the 
 city, they may be compared with the " duumviri 
 perduellionis " at Rome, who appeared to have 
 represented the two ancient tribes of the Ramnes 
 and Titles. (Niebuhr, I{. H. i. p. 304. Eng. transl.) 
 They were also intrusted (but perhaps in later 
 times) with the performance of certain religious 
 rites, and as they sat in the fiairi\(wv (PoU. viii. 
 Ill), they probably acted as assessors of the dpx<^'' 
 ^acriKevi, or " Rex sacrificulus," as they had for- 
 merly done of the king. Though they were origi- 
 nally connected with the four ancient tribes, still 
 they were not abolished by Cleisthenes when he in- 
 creased the number of tribes and otherwise altered 
 the constitution of Athens ; probably because their 
 duties were mainly of a religious character. 
 (Wachsmuth, ii. 1. 307.) They appear to have existed 
 even after his time, and acted as judges, but in un- 
 important or merely formal matters. They pre- 
 sided, we are told (PoU. viii. 120), over the court 
 of the Ephetae, held at the Prytaneium, in the 
 mock trials over instruments of homicide (ai toiV 
 dtpvx(>"' S'lKai), and it was part of their duty to re- 
 move these instruments beyond the limits of their 
 country (to ifi'ni<j6v a^vxov vmpop'iaai). We 
 may reasonably conclude that this jurisdiction was 
 a relic of more important functions, such as those 
 described by Plutarch {Solon, c. 19), from which, 
 and their connection with the Prytaneium, it has 
 been conjectured that they were identical with the 
 old Prytanes. (Wachsmuth, i. i. 246; Miiller, 
 Eumen. § 67.) Plutarch (I. c) speaks of them 
 
 3 c 2 
 
756 
 
 PIIYSIOLOGIA. 
 
 PHYSIOLOGIA. 
 
 both .13 0a(TiKeis and irpuTacciy. In a )|/7)<J)io'/ta, 
 quoted by Andocidcs ('/c AFi/st. p. 11), the title of 
 fiaatK(7i seems to be applied to them. [R. W — N.] 
 
 PHYSIOLO'GIA, (-!>i/<TioAo7Uf7{,) one of the 
 five divisions into which, according to some of the 
 ancient writers, the whole science of Medicine was 
 divided. [Medicina.] It treats, as its name im- 
 plies, (tpva'is, mdurc, and Koyos, a discourse,) of the 
 nature and functions of tlie hmnan body, wliich 
 agrees with the definitions found among Galen's 
 works {Introd. c. 7. torn. xiv. p. G89 ; Definit. Med. 
 c. 1 1. torn. xix. p. 351. ed. KUhn) ; and as a know- 
 ledge of the pniis of the human body {m Aitaiomii) 
 is a necessary step to a knowledge of its fuiidions, 
 it will be included here under the same head. 
 
 The first beginnings of anatomical knowledge 
 would arise from the inspection of the victims 
 oiTered in sacrifices, and from the dressing of 
 wounds and other bodily injuries ; the progress, 
 however, that was thus made would naturally be 
 very slow and imperfect, and it was soon found 
 that Anatomy could only be learned by a careful in- 
 spection of the internal parts of the animal frame, 
 or, in other words, by systematic dissection. The 
 Pythagorean Philosopher, Alcmaeon, is said by 
 Chalcidius (Comnu-nt. in Plat. Tiinaeum, p. 341). 
 ed. Meurs.) to have been the first person who dis- 
 sected animals (about u. c. 540) ; this was an im- 
 portant step, and with this anatomists remained 
 content for more than two hundred years. Alc- 
 maeon appears to have made considerable advances 
 on the knowledge of his predecessors. The most 
 important of his discoveries was that of the 
 Eustachian tube, or canal leading from the anterior 
 and inner part of the t3nnpanum to the fauces ; and 
 his mistake in saying that goats breathe through 
 the ear (which is corrected by Aristotle, Hist. 
 Anim. i. 9. § 1. ed. Tauchn.) may be easily ex- 
 plained by supposing that, in the animal that he 
 dissected, the memhrana tympani had been accident- 
 ally destroyed. * Empedocles of Agrigentum (in 
 the fifth century B. c.) was the first who noticed 
 the cochlea of the ear (ico;;(Xitu57)s x°''^P°^)i which 
 he thought was the immediate organ of hearing 
 (Plut. de Phjs. Philosojih. Deer. iv. dO.) ; and also 
 first gave the name amnios (^dfiviov, or dixvttov,') to 
 the innermost of the membranes surrounding the 
 foetus. (Pollux, ii. 223; Rufus Ephes. dc Corp. 
 Hum. Part. Appellat. p. 45. ed. Clinch.) His 
 contemporary Anaxagoras was perhaps the first 
 person who tried to explain the difference of the 
 sexes by the place occupied by the foetus in the 
 uterus ; the male, said he (Aristot. de General. 
 Anim. iv. 1), is on the right side, the female on 
 the left ; and this opinion (though without the least 
 foundation in fact) one is surprised to find received 
 and repeated by Hippocrates (Ap/tor. § 5. 48. 
 tom. iii. p. 745. ed. KUhn), Aristotle f (Ilisl. 
 Anim. vii. 3. g 3), and Galen (de Usu Part. Corp. 
 Hum. xiv. 4. tom. iv. p. 153, 154). The anecdote 
 of the way in which Anaxagoras by his knowledge 
 of comparative anatomy quieted a tumidt occa- 
 sioned at Athens by the sight of a goat with only 
 one horn, may be seen in Plutarch (Periel. c. 6). 
 Democritus of Abdera (b.c.460 — 357) wasparticu- 
 
 * Pliny notices this opinion of Alcmaeon 
 (though without correcting it), but attributes it to 
 ArcheLaus, (H. JV. viiL 70.) 
 
 f Aristotle, however, adds {ihid.) that this is 
 not certain, as sometimes the contrary takes place. 
 
 larly celebrated for his knowledge of anatomj', and 
 in the graphic description of his appearance and way 
 of living when visited by Hippocrates, the earth 
 around where he was sitting is noticed as being 
 covered with the carcases of animals that he had 
 dissected (Pseudo-IIippocr. Ejiist. tom. iii. p. 795, 
 79(1) ; luiwcver, none of his opinions require to be 
 particidarly specified here. 
 
 Tlie next great physiologist of antiquity, and the 
 first whose writings are still extant, is Hippocrates 
 (b. c. 460 — 357); though in fact it is not cert;iin 
 that any of the anatomical works that go under his 
 name were really written by him. (Choulant, Hand- 
 buck der Biic/terliunde fur die Aeltere Medecin, 
 Leipz. f!vo. 1841.) 
 
 It would be impossible Iiere to give anything 
 like a complete analysis of the Physiology of 
 Hippocrates (and the same apology applies also 
 to the other writers hereafter to be mentioned, 
 particularly Aristotle and Galen) ; the reader 
 must be content to find here a very brief ac- 
 count of some few facts and opinions, and to be 
 referred for further particulars to the difieront 
 histories of medicine. Hippocrates called both 
 arteries and veins indiscriminately by the name 
 of <t>^iipi the word dpn)pia in his writings being 
 used to designate the tnwlifa. [Arteria.] His 
 knowledge of the bones appears to have been 
 greater than that of the muscles, nerves, or 
 viscera. Tendons and nerves he cidled rovoi or 
 Vfvpa, without knowing that the latter convey 
 sensation and arise from the brain ; motion he 
 thought was caused by all the tendinous white 
 cords throughout the body without distinction. 
 His theory of generation is (as may be inferred 
 from the specimen alluded to above) very fanciful 
 and imperfect ; and his ignorance of human anatomy 
 appears in his speaking of the cotyledons of the 
 uterus (Ajihor.§ 5.45. tom. iii. p.745),the existence 
 of which in woman was for a long time taken for 
 granted on account of their being found in the in- 
 ferior animals. He says tluit the Scythians became 
 impotent from being bled l)ehind the ears (de Acre, 
 Aij. et Loc. tom. i. p. 561, 502), a theory which 
 may be explained and illustrated by the supposed 
 course of the spermatic vessels. (Compare Hipjjncr. 
 de lYat. Horn. t. i. p. 304 ; Nemes. de Nat. Horn. 
 C.25. p. 244. ed. Matth.) Upon the whole, though 
 the anatomical and physiological knowledge of Hip- 
 pocrates has been highly extolled by those who over- 
 rate the ancient physicians as much as others igno- 
 rantly depreciate them, this must be allowed to be 
 one of the most imperfect and unsatisfactory parts 
 of his writings. 
 
 Plato has inserted a good deal of physiological 
 matter in his " Timaeus," which, with the first 
 book of Xenophon's " Memorabilia," may be con- 
 sidered as the earliest specimens of what would 
 be now called " Natural Theology." One of 
 the most celebrated of Plato's anatomical opin- 
 ions was, that part of the fluids tluat are drunk 
 enters the trachea (c. 45. ed. StaUbaum), an asser- 
 tion which for a long time occasioned great dis- 
 putes among the anatomists of antiquity. (See 
 Ciuidot, Prolegnm. ad Thcoph. de Urin. p. 3. sq.) 
 The word Vivpuv in his writings means a lii/ameni 
 (c. 50, &c.), both arteries and veins are called 
 <pKiS(s (c. 50), and the word dprripia is applied to 
 the trachea (c. 45). He says the heart is the 
 origin of the veins and the fountain of tlio blood 
 (ibid.). It may be added that Cicero's fragment 
 
PHYSIOLOGIA. 
 
 PHYSIOLOGIA. 757 
 
 "De Universitate " is a translation of part of 
 I this dialogue, that Galen wrote a work " De iis 
 I quae iledice Scripta sunt in Platonis Timaeo," of 
 B which a Latin translation still exists (turn. v. ed. 
 I Chart.), and that there is also a Latin translation 
 I and commentary by Chalcidius. See J. K. Lich- 
 ■ tenstiidt, " Platon's Leliren auf dera Gebiete der 
 Naturforscluiiif; iind der Ilcilkunde. Nach den 
 Quellen l)earl)eitet." Leipz. U(2(i. 8vo. 
 
 Aristotle's knowledge of human anatomy was 
 iiiiicli superior to that of any of his predecessors: 
 w hi ther he acquired it by the dissection of animals 
 uiily, it is now impossible to decide. Aristotle 
 is the first author who gives the name dopr-q 
 j to the principal artery in the human body 
 !| {/list. Anim. i. 14. g ;i ; iii. 3. § 1); however he 
 
 ! calls it ^Aeifi, and never seems to suppose the veins 
 and arteries to be distinct and different from each 
 other : the word apT-rjpla in all his genuine writ- 
 ings means the irachca. {Ibid. i. 13. § 5, &c. ; 
 [ iii. 3. § 0", <)tc.) lie says the brain is entirely 
 
 !■ unsupplied witli blood {ibid. i. 13. § 3; iii. 3. § fi), 
 that the trachea receives neither Huid nor solid, but 
 only cm {ibid. i. 13. § 8), that man's brain is larger 
 than that of any other animal {^ibid. i. 13. § 2), 
 that the heart contains three ventricles {ibid. iii. 
 3. § 2 ; i. 14.i;2), though in another place he seems 
 I to say that there are only two {de Part. Anim. iii. 
 j 7. p. 86. cd. Tauchn.), and that tiicre are on each 
 
 side eight ribs. {Hift. Anim. i. 10. § fi.) 
 j Praxagoras, who was tlie preceptor of Herophi- 
 \ lus, contributed much to the science of Physiology; 
 but the honour of discovering that the arteries and 
 veins are distinct, and of being the first who applied 
 the word dpTijpla to the blood-vessels which now 
 bear that name, is disputed by K'lihn, " Commen- 
 tatio de Praxagora Coo," Opusc. Acad. Med. ct 
 I'liHolof). torn. ii. p. 128 sq. 
 
 Inferior to Hippocrates in medical skill, enjoy- 
 ing far less posthumous influence and renown, but 
 much above him as anatomists, were Herophi- 
 lus and Erasistratus, who were contemporaries and 
 lived in the third century before Christ. The 
 former is said expressly by Galen {dc Uteri Dissect. 
 c. 5. p. 895. torn, ii.) to have dissected human 
 Tjodies, and the latter in a fragment preserved by 
 Galen {dc Hippocr. et Plat. Decret. vii. 3. p. ()02. 
 (;4fi. torn, v.) speaks of himself as having dissected a 
 human brain. They were probably the first per- 
 sons who ventured to do this, and their example 
 was followed by very few (if any) of their succes- 
 ses. The writer is not aware of any passage even 
 ill (ialen's writings which proves that he dissected 
 Imnian bodies; while the numerous passages both 
 in Cialen's works and in those of other anatomists, 
 recommending the dissection of apes, bears, goats, 
 and other animals would seem indirectly to prove 
 that human bodies were seldom or never used for 
 that puqiose. (See Rufus Ephes. de Corp. Hum. 
 /'-■;■/. A/ipelltit. i. p. 33; Galen, de Anatom. Ad- 
 iiuuixtrat. iii. 5. p. 384. torn. ii. ; Id. dc Muse. Dis- 
 f l. c. 1. tom. xviii.B. p. 930; Theopliilus, rfc Coz-yj. 
 Hum. Fubr. lib. v. c. 11. 20.) llerophilus and 
 Erasistratus are said also to have dissected crimi- 
 nals alive (Celsus, de Medic, lib. i. Praef. p. 6. ed. 
 Bip. ; Tertullian, de Ajiima, c. 10. p. 757), but 
 whether tiiis was really the case, or whether the 
 story arose from their having been among the first 
 who dissected human bodies, it is not easy to de- 
 termine. They were the first persons who 
 considered the nerves to be the organs of 
 
 sensation (Rufus Ephes. p. ()5), though, like 
 Aristotle, Herophilus continued to call them 
 canals, irSpot, (Galen, de Lihr. Propr. c. 3. 
 p. 30. tom. xix.) However, he so far agreed 
 with the ancient opinion on the subject as 
 to say that some of the nerves arise from bones 
 and connect the articulations (Rufus Ephes. c), 
 thus confounding the nerves with the ligaments. 
 He gave the name ArjctJs to the common point to 
 which the sinuses of the dura mater converge 
 (Galen, de Usu Part. Corp. Hum. ix. c. 6". p. 708. 
 tom. iii.), which is still called .after him the torcular 
 Herojihili. He was also the author of the name 
 calamus scriptorius, which is still applied to the 
 angidar indentation in the posterior part of the 
 medulla oblongata. (Galen, de Admiiiisir. Anut. ix. 
 c. 5. p. 731. tom. ii.) That part of the intestines 
 which is called the duodenum {Sah^KaZaKTvXos) 
 derived its name from him. (Galen, ibi^l. p. 173 ; 
 de Locis A ffect, vi. p. 311. tom. viii. ; Theophilus, 
 dc Corp. Hum.. Fubr. lib. ii. c. 7. § 10.) For 
 further infonnation respecting Herophilus, see a 
 memoir by K. F. H. Marx, entitled " Herophilus ; 
 ein Beitrag Zur Geschichte der Medicin." Carlsr. 
 8vo. 1 838. Erasistratus was not less celebrated 
 as an anatomist than llerophilus, though his 
 name is connected with fewer discoveries. 
 The tricusjiid ralrcs {rpiyXdxf^s'), placed to 
 guard the communication between the right auricle 
 and ventricle, received their name from him. 
 (Galen, dc Hijrpiucr. et Plat. Deer. vi. p. 548. torn, 
 v.) The bile and the spleen he considered alto- 
 gether useless. (Galen, de Facult. Nutur. ii. p. 100. 
 tom. ii. lib. iii. p. 112.) The trachea derives its 
 name from him, as he was the first person who 
 added to the word dprrjpia, which had hitherto 
 designated the wind-pipe, the epithet rpax^io. to 
 distinguish it from the arteries, and he also correct- 
 ed the opinion of Plato mentioned above. (Plut. 
 St/mp. vii. I ; Macrob. Saturn, vii. 15.) 
 
 Eudemus, a contemporary of Herophilus, is 
 mentioned together with him by Galen {de Semine, 
 ii. G. tom. iv. p. fi4(J) as having discovered the 
 pancreas, though he does not give it any name. 
 
 Celsus (who is supposed to have lived in the first 
 century after Christ) in his work " De Medicina" 
 defends the necessity of the study of anatomy (lib. 
 
 i. Praef. p. G. 19), and seems to i-ecommend the 
 dissection of human bodies. He has inserted some 
 anatomical matter in different parts of his work, but 
 his language is not always technically correct, as the 
 trachea he calls arteriu (\. 5. p. 34 ; iv. 1. p. 1G9, 
 &c.), though in other places that word means an 
 artery (ii. 10. p. 77, &c.) ; rena sometimes means 
 an artery (lib. i. Praef. p. 5, &c.) ; uterus some- 
 times means the abdomen {ibid. p. 11 ; iv. 1. p. 
 169) ; ucrvus sometimes means a tendon (viii. 1. 
 p. 456), and sometimes even a muscle (vii. 18. p. 
 413). There is no anatomical discovery attached 
 to his name. 
 
 Marinus, in the second century after Christ, is 
 called by Galen {dc Hippocr. et Plat. Deer. viii. p. 
 G50. tom. V.) one of the restorers of anatomy, which 
 appears to have fallen into neglect. He describes 
 particularly the mesenteric glands(Galen,rfei'ewi!Ke, 
 
 ii. 6. tom. iv. p. 647), fixed the number of the 
 pairs of the cerebral nerves at seven, and first 
 noticed the palatine nerves, which he considered 
 as the fourth pair (Id. dc Nercor. Dissect, p. 837. 
 tom. ii.) ; the auditory and facial nerves he reck- 
 oned as the fifth pair {ibid. p. 838), the lingual as 
 
758 PHYSIOLOGIA. 
 
 PHYSIOLOGIA. 
 
 the sixth. (Id. de Usu Part. Corp. Hum. xvi. 6. 
 torn. iv. p. 294.) 
 
 About the same time lived Rufus Ephesius, the 
 author of a useful work entitled Ilcpi ^Ovojjaaias 
 tSv tov 'Avdpanrov Vlopiuiv, " De Appellationibus 
 Partium Corporis Ilumani." This, as its name 
 implies, is not so much a treatise on Anatomy as 
 on anatomical terms ; and it may be mentioned 
 that the second Book of the ''Ovofj.aaTiKSv, 
 " Onomasticon," of Julius Pollux contains also 
 a list of the words used in medicine. So- 
 ranus, although belonging to the sect of the 
 Methodici who neglected anatomy, has in the 
 fourth and fifth chapters of his work IlepJ ru;'ai- 
 Keiav Yla6uv, " De Arte Obstetricia Morbisque 
 . Mulierum," given one of the most accurate de- 
 scriptions of the uterus that remain from antiquity, 
 and appears to have derived his knowledge from 
 the dissection, not of animals, but of the human 
 body (c. 5. p. 13. ed. Dietz.). The description of 
 the uterus given by Moschion, his contemporary, in 
 the early chapters of his work ll^pl rdv rvuaiKeiaiu 
 naBwv, "• De Mulierum Passionibus," does not 
 much diifer from that by Soranus. 
 
 The next writer that we come to is 
 Galen (a. d. 131 — 201), the most celebrated 
 and at the same time the most accurate 
 and voliuninous anatomist and physiologist of 
 antiquity. Anatomy and Physiology seem to 
 have been always Galen's favourite study, 
 and his writings on these subjects continued 
 to be the standard works of reference for many 
 centuries. A verj' brief sketch of some of 
 his opinions and discoveries is aU that can be 
 given ; but it may be mentioned that there is " A 
 Cursory Analysis of the Works of Galen, so far as 
 they relate to Anatomy and Physiology," by Dr. 
 Kidd, in the sixth volume of the "Transactions of 
 the Provincial Medical and Surgical Association," 
 from which most of the following remarks are 
 taken. He considered the vatae cavae hepaticae of 
 modem anatomy as the commencement or root of the 
 venous system of the body at large. {De Usu Pari. 
 Corp.Hiiiii.'vi. c. G. tom.iii. p.272.) He gives a clear 
 description of the form and position of the tricuspid 
 and mitral rat res, and also of the si<iiiiaid valves of 
 the aorta and pulmonary artery. {De Usu Part. 
 Corp. Hum. vi. 13, 14. tom. iii. p. 469. 476. sq.) 
 He admitted that the arteries contain air {An in 
 Arier. Suiif/. Contin. tom. iv. p. 723), but asserted 
 at the s:ime that they naturally contain blood also 
 {itiid. p. 703, 704), and he remarked that it may 
 be known when an artery is wounded, not only by 
 the lighter colour of the blood which flows from it, 
 but also by the piJsative manner in which the 
 blood is projected from it. {Dc Loc. Ajfeet. lib. i. 
 tom. viii. p. 5.) He supposed that in all parts of 
 the body there is a free anastomosis between the 
 minute pores or channels which connect the arteries 
 with the veins {de Usu Part. Corp. Hum. vi. 10. 
 tom. iii. p. 455) ; but he C(mfesses that he is totally 
 unable to explain why Nature, which does nothing 
 uselessly or without design, should have made dif- 
 ferent vessels (viz. arteries and veins) to contain 
 the same fluid. {An in Arier. Sany. Contin. tom. iv. 
 p. 722.) In myology, says Sprengel, Galen made 
 some important discoveries, and boasts that he has 
 given a description of eight muscles that were 
 unknown before his time. {De Anatom. Administr. 
 i. 3. p. 231. tom. ii.) He first discovered certain 
 branches of the eighth pair of nerves (called by him 
 
 the sixtli) to which, from the peculiarity of the: 
 course, he gave the name itaKiv^poixom'Tis, or " ri 
 current," a name which they still bear. 
 
 The twenty-fourth and twenty-fifth books ( 
 the "ivvayuyaX 'larpiKai, " Collecta Medicinalia, 
 of Oribasius, contain a system of anatomy con 
 piled from Rufus Ephesius, Galen, and Soranus 
 there is in them (as far as the writer is aware 
 nothing new, but in another place (Hb. vii. c. ( 
 p. 310. ed. H. Staph.) he mentions having himse 
 dissected apes. 
 
 About the same time (the end of the fourt 
 century after Christ) lived Nemesius, the authc 
 of a work Ilepl Ouireais 'AvBgdirov, De Natura He 
 minis. This is a very interesting little treatise 
 but it has enjoyed more celebiity than perhaps i 
 deserves, on account of two curious passages; in on 
 of which (c. 24. p. 242. ed. Matth.) he is suppose- 
 by some of the most zealous admirers of the ar 
 cients to have discovered the circulation of th 
 blood, and in the other (c. 28. p. 260) the use ( 
 the bile. He plaiidy distinguishes the nerve 
 from the tendons, saying that the former posses 
 sensibility, which the latter do not (c. 27. p. 251] 
 An anonymous work, entitled 'Eiaayaiyn 'Avari 
 fiiK-q, "Isagoge(orlntroductio) Anatomica," is suf 
 posed to belong to the same age ; it is chiefly take 
 from Aristotle's works, and does not require mor 
 particular notice. 
 
 The next work we come to is by Theophilu 
 Protospatharius, who is generally supposed t 
 have lived in the seventh centuiy, but who probs 
 bly belongs to a later date. It is entitled Ilef 
 rrjs TOV 'AvBpunrov KaraaKevris, " De Corporis Hii 
 mani Fabrica," and is in five books. It is for th 
 most part taken word for word from Galen, " D 
 Usu Partium Corporis Humani," and Hippocrates 
 " De Genitura" and " De Natura Pueri," fror 
 whom, however, he sometimes differs. The worl 
 of Meletius (a monk who lived probably in th 
 eighth or ninth century), Ilepl Trjs tov 'AvBpavo 
 KaTaa-Kevijs, " De Hominis Fabrica," does no 
 require any particular notice ; nor that by Con 
 stantinus Afer ( who lived in the eleventh century] 
 " De Membris Principalibus Corporis Humani." 
 
 Besides these works, which may be considerei 
 as more especially anatomical and physiological 
 several of the early Christian Fathers have lef 
 treatises on Natural Theology, pointing out " th 
 wisdom and power and goodness of God," as dis 
 played in the structure of the human frame. Sucl 
 is St. Ambrose, De Nue et Area (c. 6 — 9) ; Ic 
 Hexacmeron (vi. 9) ; St. Basil, Ilepl rrJs tov 'A> 
 Bpiimov KaTaaKevrjs, " De Structura Hominis Ow 
 tiones Tres" (which, however, is probably no 
 genuine); St. Chrj-sostom, " HomiL XI. ad An 
 tiochenos ;" St. Gregory of Nyssa, De verbi 
 " Facianms Hominem, &c. " Orationes Duae ; Id 
 ITep! KaTaaKevfjs ' AvBpwirov, " De Hominis Opifi 
 cio" (written as a supplenuuit to his brother Si 
 Basil's unfinished work, entitled 'E|o^/xepoc, Hexae 
 meron); Theodore t, Ilepl Ilpo^'oioy, "• De Providen 
 tia," Omt. iii. iv. ; and Lactantius, " De Opifici 
 Dei." Some of these works are well worth readin; 
 for their scientific correctness as well as their piety 
 but some parts, it must be confessed, are ver 
 strange and fanciful. However they add nothin] 
 to the amount of anatomical knowledge already ii 
 the world, as probably every statement in tliei 
 writings that is not erroneous (and many of those 
 that are) may be found in the works of Galen 
 
PIGNUS. 
 
 PIGNUS. 
 
 769 
 
 I The same may be said of the Arabian writers, of 
 J whom several (c. y Alzahai'avius, Avicenna, Haly 
 : Abbas, Razes, &c.) liave prefixed to their medical 
 works a physiological introduction, which it would 
 be out of place to notice here more particularly. 
 
 [W. A. G.] 
 PIGNORATI'CIA ACTIO. [Pignus.J 
 PI'GNORIS CA'PIO. [Per Pignori.s Ca- 
 
 PIONEM.] 
 
 PIGN US, a pledge or security for a debt or de- 
 mand, is derived, says Gaius (Dig. ."jO. tit IG. s. 
 ! 238), from puyiius, "(|uia quae pignori dantur, 
 i nianu traduntur." This is one of several instances 
 i of the failure of the Roman Jurists when they 
 attempted etymological explanation of words, 
 i [jVIUTUUM.] The element of pignus {pi;)) is con- 
 tained in the word pa{n)</-o, and its cognate 
 fonus. 
 
 I A thing is said to be pledged to a man when it 
 is made a security to him for some debt or demand. 
 It is called Pignus when tlie possession of the 
 I thing is given to him to whom it is made a secu- 
 j rity, and Hypotlieca, when it is made a security, 
 : without being put in his possession. (L)ig. 13. tit. 
 I 7. s. 9 ; Isidor. Orii/. v. 25 ; see also Cic. ad Fum. 
 \ xiii. 56.) The law relating to Pignus and Hypo- 
 theca was in all essentials the same. The object 
 : of the pledging is that the pledgee shall in case of 
 necessity sell the pledge and pay himself his de- 
 j mand out of the proceeds. 
 
 A pledge may be given {res hi/pothvate dari 
 : potest) for any obligation, whether money borrowed 
 J (inutua jm-unki), dos, in a case of buying and selling, 
 j letting and hiring, or mandatum ; whether the ob- 
 j ligatio is conditional or unconditional ; for part of 
 I a sum of money, as well as for tiie whole. (Dig. 
 i 20. tit. 1. s. 5.) Any thing could be the object of 
 I pledge which could be an object of sale (Dig. 20. 
 
 tit. 1. s. !)): it might be a tiling coi-poreal or incor- 
 J poreal ; a single thing or a university of things, 
 j If a single thing was pledged, the thing with all 
 j its increase was the security, as in the case of a 
 , piece of land which was increased by alluvio. If 
 ( a shop (taberna) was pledged, all the goods in it 
 were pledged, and if some of them were sold and 
 others brought in, and the pledger died, the pled- 
 gee's security was the shop and all that it con- 
 tained at the time of the pledger's death. (Dig. 20. 
 tit. I. s. 34.) If all a man's property was pledged, 
 the pledge comprehended also his future property, 
 unless such property was clearly excepted. 
 
 The act of pledging required no particular form, 
 in which respect it resembled contracts made by 
 consensus. Nothing more was requisite to establish 
 the validity of a pledge than proof of the agree- : 
 ment of the parties to it. It was called Contrac- 
 tus pigneratitius, when it was a case of Pignus, 
 and Pactum hypothecae, when it was a case of I 
 Hypotheca: in the former case, tradition was : 
 necessary. A man might also by his testament ; 
 make a Pignus. The intention of a man to pledge ' 
 could in any case be deduced either from his words i 
 or from any acts whicli admitted of no other inter- j 
 pretiitioii than an intention to pledge. 1 
 A man could only pledge a thing when he was I 
 the owner and had full power of disposing of it ; i 
 but a part owner of a thing could pledge his share. 
 A man could pledge another man's property, if the 1 
 other consented to the pledge at the time or after- 1 
 wards; but in either case this must properly be 1 
 considered the pledge of the owner for the debt of 1 
 
 another. If a man pledged a thing, which was not 
 his, and afterwards became the owner of it, the 
 pledge was valid. (Dig. 13. tit. 7. s. 20; 20. tit. 
 2. s. 5.) 
 
 The amount for whicli a pledge was security de- 
 pended on the agi'eemeiit : it might be for principal 
 and interest, or for either ; or it might comprehend 
 principal and interest, and all costs and expenses 
 which the pledgee might be put to on account of the 
 thing pledged. For instance a creditor would be 
 entitled to his necessary expenses concerning a 
 slave or an estate which iiad been pignerated. 
 
 Pignus might be created by a judicial sentence, 
 as for instance by the decree of the praetor giving 
 to a creditor power to take possession of his debtor's 
 property {inissio credKoris in bona dcbitoris), either 
 a single thing, or all his property, as the case might 
 be. But the permission or command of the magis- 
 tratus did not eifect a pledge, unless the person 
 actually took possession of the thing. The follow- 
 ing are instances : — the imniissio damni infecti 
 causa [Damnum Infectum]: legatoruni servan- 
 dorum causa, which had for its object the securing 
 of a legacy which had been left sub conditione or 
 die (Dig. 36. tit. 4): missio ventris in pos- 
 sessionem, when the pregnant widow was allowed 
 to take possession of the inheritance for the pro- 
 tection of a posthumus : and the missio rei servan- 
 dae causa. The right which a person obtained by 
 such Inimissio was called Pignus Praetoriura. It 
 was called Pignoris capio, when the Praetor allow- 
 ed the goods of a person to be taken who was be- 
 having in contempt of the court, or allowed his 
 person to be seized after a judgment given against 
 him (c,<' causa jiulkuii). 
 
 There was also among the Romans a tacita 
 hypotheca, which existed not by consent of the 
 parties, but by rule of law ( ipso Jure), as a conse- 
 quence of certiiin acts or agreements, which were 
 not acts or agreements pertaining to jiledging. 
 (Dig. 20. tit. 2. Ill (juibiis causis pignus vel hypo- 
 tlwca iacite couirahitur.) These Hypothecae were 
 general or special. The following are instances of 
 what were General Hypothecae. The Fiscus had a 
 general hypotheca in respect of its claims on the 
 property of the subject, and on the property of its 
 agents or officers ; tiie husband, on the property 
 of him who promised a Dos ; and legatees and 
 fideiconimissarii in respect of their legacies or fidei- 
 conimissa, on that portion of the hereditas of him 
 who had to pay the legacies or fideicommissa. 
 There were other cases of general hypothecae. 
 
 The following are instances of Special hypo- 
 thecae : — The lessor of a Praedium urbanum had 
 an hypotheca in respect of his claims arising out 
 of the contract of hiring on every thing which the 
 lessee brought upon the premises for constant use 
 {invccta et illata). The lessor of a Praedium rusticum 
 had an hypotheca on the fruits of the farm as soon 
 as they were collected. (Dig. 20. tit. 2. s. 7 ; 19. 
 tit. 2. s. 24.) A person who lent money to repair 
 a house, had an hypotheca on the house and the 
 ground on which it stood, provided the money were 
 laid out on it. Pupilli and minores had an hypo- 
 theca on things which were bought with their 
 money. 
 
 The person who had given a pledge, was still 
 the owner of the thing that was pledged. He could 
 therefore use the thing, and enjoy its fruits. But 
 the agreement might be that the creditor should 
 have the use or profit of the thing instead of in- 
 
760 
 
 PIGNUS. 
 
 PIGNUS. 
 
 terest, wliich kind of contract was called Anti- 
 chresis or mutual use : and if there was no agree- 
 ment as to use, the creditor could not use the 
 thing. The pledger could also sell the thing 
 pledged, unless there were some agreement to the 
 contrary, but such sale did not aft'ect the right of 
 the pledgee. If the pledger sold a movable thing 
 that was pignerated, without the knowledge and 
 consent of the creditor, he was guilty of furtum. 
 If the pledger at the time of a pignus being given 
 was not the owner of the thing, but had the pos- 
 session of it, he could still acquire the property of 
 the thing by usucapion. [PosSESSio.] 
 
 The creditor could keep possession of a pigner- 
 ated thing till his demand was fully satisfied, and 
 he coidd maintain his right to the possession against 
 any other person who obtidned possession of the 
 thing. He could also pledge the thing that was 
 pledged to him. He had also the right, in case 
 his demand was not satisfied at the time agreed 
 on, to sell the thing and satisfy his demands out of 
 the proceeds (Jus tlistnihvndi sice vendendi piynus). 
 Gains (ii. 64) illustrates the maxim that he who 
 was not the owner of a thing, could in some cases 
 sell it, by the example of the pledgee selling a 
 thing pledged ; but he properly refers the act of 
 sale to the will of the debtor, as expressed in the 
 agreement of pledging ; and thus in legal effect, it 
 is the debtor who sells by means of his agent, the 
 creditor. An agreement that a pledge should be 
 forfeited in case the demand was not paid at the 
 time agi-eed on, was originally very common ; but 
 it was declared by Constantino to be illegal. 
 [CoMMissoRiA Lk.x.] In case of a sale the cre- 
 ditor, according to the later law, must give the 
 debtor notice of his intention to sell, and after such 
 notice he must wait two years before he could 
 legally make a sale. If any thing remained over 
 after satisfying the creditor, it was his duty to 
 give it to the debtor ; and if tlie price was insuffi- 
 cient to satisfy the creditor's demand, his debtor 
 was still his debtor for the remainder. If no pur- 
 chaser at a reasonable price could be found, the 
 creditor might become the purchaser, but still the 
 debtor had a right to redeem the thing within two 
 years on condition of lully satisfying the creditor. 
 (Cod. viii. tit. 34. s. 3.) 
 
 If there were several creditors to whom a thing 
 was pledged which was insufficient to satisfy them 
 all, he whose pledge was prior in time had a pre- 
 ference over the rest (potior est in pignore qui prim 
 credidil pcciiiilum et uccc-pit hypothfcam. Dig. 20. 
 tit. 4. s. 11 ). There were some exceptions to this 
 nile ; for instance, when a subsequent pledgee had 
 lent his mone}^ to save the pledged thing from de- 
 struction, he had a preference over a prior pledgee. 
 (Dig. 20. tit. 4. 8. 5, 6.) This rule has been 
 adopted in tlie English Law as to money lent on 
 ships and secured by bottomry bonds. 
 
 Certain hypothccae, both tacitae and founded on 
 contract, had a preference or fnoritj ( privileyium) 
 over all otlier claims. The Fiscus had a preference 
 in respect of its claims ; the wife in respect of 
 her dos ; the lender of money for the repair or re- 
 storation of a buildmg ; a pupillus with whose 
 money a thing had been bought. Of those hypo- 
 thccae which were founded on contnict, the fol- 
 lowing were privileged : the hypothecae of those 
 who had lent money for the purchase of an immov- 
 able thing, orof a shop, or for the building,maintain- 
 ing, or improving of a house, &c., and had contracted 
 
 for an h3'potheca on the thing ; there was also 
 the hypotheca which the seller of an immovable 
 thing reserved by contract until he was paid the 
 purchase-money. Of these claimants, the Fiscus 
 came first ; then the wife in respect of her dos ; 
 and then the other privileged creditors, according 
 to their priority in point of time. 
 
 In the case of unprivileged creditors, the gene- 
 ral rule as already observed was, that priority in 
 time gave priority of right. But an hy])otheca 
 which could be proved by a writing executed in a 
 certain public foi-m (inslru»u>ntitiii piiUice con- 
 fectmn), or which was proved by the signatures 
 of three reputable persons {instriancidum (/msi 
 pulilice coi/fedian), had a priority over all those 
 which could not be so proved. If several hypo- 
 thecae of the same kind were of the same date, he 
 who was in possession of the thing had a priority. 
 
 The creditor who had for any reason the priority 
 over the rest, was intitled to be satisfied to the 
 full amount of his claim out of the proceeds of the 
 thing pledged. A subsequent creditor could ob- 
 tain the rights of a prior creditor in several ways. 
 If he furnished the debtor with money to pay off 
 thedebt,on thecondition of standing inhis place,and 
 the money was actually paid to the prior creditor, 
 the subsequent creditor stepped into the place of 
 the prior creditor. Also, if he purchased the thing 
 on the condition that the purchase-money should 
 go to satisfy a prior creditor, he therebj' stepped 
 into his place. A subsequent creditor could also, 
 without the consent either of a prior creditor or of 
 the debtor, pay off a prior creditor, and stand in 
 his place to the amount of the sum so paid. This 
 arrangement, however, did not affect the rights of 
 an intei-mediate pledgee. (Dig. 20. tit 4. s. 16.) 
 
 The creditor had an actio hj'pothecaria in re- 
 spect of the pledge against every person who was 
 in possession of it and had not a better right than 
 himself. This right of action existed indifferently 
 in the case of Pignus and Hypotheca. A lessor 
 had this action for the recovery of the possession 
 of a praedium, when the rent was not paid accord- 
 ing to agi-eement. A creditor who had a Pignus, 
 had also a right to the Interdictum retinendae et 
 recuperandae possessionis, if he was disturbed in 
 his possession. 
 
 The pledgee was bound to restore a pignus on 
 payment of the debt for which it had been given ; 
 and up to that time he was bound to take proper 
 aire of it. On payment of the debt, he might be 
 sued in an actio piguoraticia by the pledger, for 
 the restoration of the thing, and for any damage 
 that it had sustained through his neglect. Tlie 
 remedy of the pledgee against the pledger for his 
 proper costs and charges in respect of the pledge, 
 and for any dolus or culpa on the part of the 
 pledger relating thereto, was by an actio pigno- 
 ratitia contraria. 
 
 The law of pledges at Rome was principally 
 founded on the Edict. Originally the only mode 
 of giving security was by a transfer of the Quiri- 
 tarian ownership of the thing by Mancipatio or In 
 jure cessio, if it was a Res Mancipi, on the condi- 
 tion of its being re-conveyed, when the debt was 
 paid (sh/j Iri/c remanvipationis or suh Jiducia). [Finu- 
 ciA.] But in this case the debtor had no security 
 against the loss of his property. Afterwards it 
 seems that a thing was merely given to the credi- 
 tor with the condition that he might sell it in case 
 his demand was not satisfied. But so long as the 
 
PILA. 
 
 PILA. 
 
 761 
 
 creditor could not protect his possession by legal 
 'means, this was a very insufficient security. Ulti- 
 iiiatfly the Praetor gave a creditor a right of action 
 (iirtiij ill rent) under the name Serviana actio for 
 till' recovery of tlie propertj' of a colonus which 
 \\ ;is liis security for his rent {pro vicrccdil>us fundi)-, 
 and this right of action was extended under the 
 'name of quasi Serviana or hypothecaria generally 
 ilto creditors who had things piguerated or hypothe- 
 cated to them. {lust. iv. tit. (i. s. 7.) As to the 
 ^Interdictum Salvianum, see Interdictum. 
 
 The Roman Law of Pledge was gradually de- 
 \ eloped, and it would be rather difficult to show in 
 uiuy satisfactoi'y way the various stages of its 
 jgrowth. Some of the rules of law as to pledges 
 jmcnticmed in this article belong to a later period, 
 j The Roman Law of Pledge has many points of 
 I resemblance to the English Law, but more is com- 
 Iprehended under the Roman Law of Pledge than 
 ithe English Law of Pledge, including in that term, 
 i Mortgage. Many of the things comprehended in 
 'the Roman Law of Pledge belong to the English 
 Law of Lien and to other divisions of English 
 I Law which are not included under Pledge or 
 Mortgage. 
 
 (Dig. -20. tit. 1, 2, 3, &c. ; Cod. viii. tit. 14, 1.5, 
 
 iVc. : tliere is an English treatise intitled " The 
 ! Law of Pledges or Pawns as it was in use among 
 5 the Romans, &c., by John Aylifte, London, 173"2," 
 i which appears to contain all that can be said, but 
 I the author's method of treating the subject is not 
 ^ perspicuous.) [G. L.] 
 
 i PILA {(j<paipa), a. ball. The game at ball 
 ^ {(T(paipi(TT iK-/i) was one of the most favourite 
 I gymnastic exercises of the Greeks and Romans 
 
 from the earliest times to the fall of the Roman 
 ■ empire. As the ancients were fond of attributing 
 ( the invention of all games to particular persons or 
 \ occasions, we find the same to be the case with re- 
 i spect to the origin of this game (Herod, i. 94 ; 
 i Athen. i. p. 14. d. e. ; Plin. vii. 56), but 
 
 I such statements do not deserve attention. What 
 is more to the piu'pose in reference to its 
 antiquity is, that we find it mentioned in tlie 
 I Odyssee (vi. 100, &c. ; viii. 370, &c.), where it is 
 I played by the Phaeacian damsels to the sound of 
 music, and also by two celebrated perfonners at 
 the com t of Alcinous in a most artistic manner ac- 
 i companied with dancing. 
 
 The various movements of the body required in 
 the game of ball gave elasticity and grace to the 
 figure ; ,wlience it was highly esteemed by the 
 Greeks. The Athenians set so high a value on it, 
 tliat they conferred upon Aristonicus of Carystus 
 the right of citizenship, and erected a statue to 
 his honour, on account of his skill in this game. 
 (Athen. i. p. 19. a ; compare Suidas, s. v. ''Opxritr.) 
 It was equally esteemed by the other states of 
 Greece ; the young Spartans, when they were 
 leaving the condition of ephebi, were called <rcpai- 
 peis (Pans. iii. 14. § G ; Bockh, Corji. Inner, n. 
 1386. 1432), probably because their chief exercise 
 wa-s the game at ball. Every complete Gymnasium 
 had a room {(T<paipi(rr/ipiov, (TtpaipiaTpa) devoted to 
 this exercise [Gymnasium], where a special 
 teacher {a-<paipi(jTiK6s) gave instruction in the art ; 
 for it required no small skill and practice to play 
 it well and gracefully. 
 
 The game at ball was as great a favourite with 
 the Romans as the Greeks, and was played at 
 Rome by persons of all ages. Augustus used to 
 
 play at ball. (Suet. Aug. 83.) Pliny {Ep. iii. 1) 
 relates how much his aged friend Spurinna exer- 
 cised himself in this game for the purpose of ward- 
 ing off old age ; and under the empire it was 
 generally played at by persons before taking the 
 bath, in a room {sphaeristerium) attached to the 
 baths for the purpose ; in which we read of the 
 pilicrepiis or player at tennis. (Sen. Ep. 57 ; 
 Urelli, Jnser. n. 2591.) 
 
 The game at ball was plaj'ed at in various ways : 
 the later Greek writers mention five different 
 modes, ovpav'ia, imrrKvpos, (paivivSa, dpivatTT6vy 
 aTro^pa^is, and there were probably many other 
 varieties. 1. Ovpav'ia was a game, in which the 
 ball was thrown up into the air, and each of the 
 persons wlio played strove to catcli it, before it fell 
 to the ground. (Pollu.x, ix. 106; Hesych. and 
 Phot. s. V. ; Eustath. ad Od. viii. 372. p. 1601.) 
 2. 'EiriVKupoj, also called i(py]SiKTi and eTri'/coii/os, 
 was the game at foot-baD, played in much the 
 same way as with us, by a great innnber of per- 
 sons divided into two parties opposed to one an- 
 other. (Pollux, ix. 104.) This was a favourite 
 game at Sparta, where it was played with great 
 emulation. (Siebelis, ad Pans. iii. 14. § 6.) 3. 
 ^aivivla, called ((perivSa by Hesychius (s. v.), was 
 played by a number of persons, who threw the 
 ball from one to another, but its peculiarity con- 
 sisted in the person who had tlie ball pretending 
 to throw it to a certain individual, and while the 
 latter was expecting it, suddenly turning and 
 throwing it to another. Various etj'mologies of 
 this word are given by the grammarians. (Pollux, 
 ix. 105; Etym. Magn. ^(vy'is ; Athen. i. p. 
 15. a.) 4. 'ApTra(Tr6v, which was also played at 
 by the Romans, is spoken of under Harpastum. 
 5. 'Airoppa^is, was a game in wliicli the player 
 threw the ball to the ground with such force as to 
 cause it to rebound, when he struck it down again 
 witli the palm of his hand and so went on doing 
 many times : the number of times was counted. 
 (Pollux, ix. 105.) We learn fnmi Plato {Theact. 
 p. 146) that in one game of ball, plaj'ed at by 
 boys, tliough we do not know what kind it was, 
 the boy wlio was conquered was called ass (ows) ; 
 and the one who conquered was named king 
 (jSatriAeus). 
 
 Among the Romans the game at ball was also 
 played at in various ways. Pila was used in a gene- 
 ral sense for any kind of ball : but the balls among 
 the Romans seem to have been of three kinds; 
 the jiila in its narrower sense, a small ball ; the 
 follvi, a great ball filled with air [FollksJ ; and 
 the patjank'a, of which we know scarcely anything, 
 as it is only mentioned in two pass;iges by Martial 
 (vii. 32. 7 ; xiv. 43), but from the latter of which 
 we may conclude that it was smaller than the 
 follis and larger than the pila. Most of the games 
 at ball among the Romans seem to have been 
 played at with the pila or small ball. One of the 
 simplest modes of playing the ball, where two per- 
 sons standing opposite to one another threw tlic 
 ball from one to the other, was called datatim 
 luderc. (Plaut. Cure. ii. 3. 17.) But the most 
 favourite game at ball seems to have been the 
 tru/DH or pila tri</i>natis, which was played at by 
 three persons, who stood in the form of a triangle, 
 if rpiytuv(f. We have no particulars respecting 
 it, but we are told that skilful players prided 
 themselves upon catching and throwing the ball 
 with their left hand. (Mart. xiv. 46 ; vii. 72. 9.) 
 
762 
 
 PILEUS. 
 
 PILEUS. 
 
 The ancient physicians prescribed the game at 
 ball, as well as other kinds of exercise, to their 
 patients ; Antyllus {ap. Orihas. \\. 32) gives some 
 interesting information on this subject. 
 
 The persons playing with the pila or small ball 
 in the annexed woodcut are taken from a painting 
 in the baths of Titus (Desci: des bains de Titus, 
 pi. 17); but it is difficult to say what particidar 
 kind of game they are playing at. Three of the 
 three players have two balls each. 
 
 (Burette, Dc la Sphhistique, p. 214, &c., in 
 Mim, de rAcad. des Inscr. vol. i. ; Krause, Ch/m- 
 
 nastik u. Agon. d. Hell. p. 299, &c. ; Becker, 
 Gallus, vol. i. p. 268, &c.) 
 
 PILA. [MORTARIUM.] 
 
 PILA'NI. [Army (Roman), p. 95.] 
 
 PILENTUM,a splendid four-wheeled carriage, 
 furnished with soft cushions, which conveyed the 
 Roman matrons in sacred processions and in going 
 to the Circensian and other games. (Virg. Atn. viii. 
 666 ; Hor. Epist. ii. i. 192 ; Claudian, Dc Nupt. 
 Houor. 285 ; Isid. Hisp. Oriij. xx. 12.) This 
 distinction was granted to them by the Senate on 
 account of their generosity in giving their gold and 
 jewels on a particular occasion for the service of 
 the state. (Liv. v. 25.) The Vestal virgins were 
 conveyed in the same manner. (Prudentius contra 
 Si/m. ii. stdj fin.) The pilentum was probably 
 very like the Harmamaxa and Carpentum, but 
 open at the sides, so that those who sat in it might 
 both see and be seen. [J. Y.] 
 
 PI'LEUS or P'lLEUM (Non.Marc. iii. ; pilea 
 virorum sunt, Serv. in Viry. Acn. ix. 616), dim. 
 PILE'OLUS or PILE'OLUM (Colum. de Arbor. 
 25) ; (iriAos, dim. ■wiKiov, second dim. iri\i'5ioy ; 
 iri'Aijjua, TriAuiTOf ), any piece of felt ; more especi- 
 ally, a skull-cap of felt, a hat. 
 
 There seems no reason to doubt that felting {t] 
 iriAijTiK^, Plato, Po/fV. ii. 2. p. 296. ed. Bekker) is 
 a more ancient invention than weaving [Tela], nor 
 that both of these arts came into Europe from Asia. 
 
 From the Greeks, who were acquainted with 
 this article as early as the age of Homer (II. x. 
 265) and Hesiod (Op. et Dies, 542, 546), the use 
 of felt passed together with its name to the Ro- 
 mans. Among them the emplojTnent of it was 
 always far less extended than among the Greeks. 
 Nevertheless Pliny in one sentence, " Lanae et 
 per se coactae vestem faciunt," gives a very exact 
 account of the process of felting. (//. A'^ viii. 48. 
 s. 73.) A Latin sepulchral inscription (Gruter, 
 p. 648. n. 4) mentions " a manufacturer of wool- 
 len felt" (lanariiis coudiliurius), at the same time 
 indicating that he was not a native of Italy 
 {Liaiseus). I 
 
 The principal use of felt among the Greeks and 
 Romans was to make coverings of the head for the 
 male sex, and the most common kind was a simple 
 skull-cap. It was often more elevated, though still 
 round at the top. In this shape it appears on 
 coins, especially on those of Sparta, or such as ex- 
 hibit the symbols of the Dioscuri ; and it is thus 
 represented, with that addition on its summit, 
 which distinguished the Roman flamines and salii, 
 in three figures of the woodcut to the article Apex. 
 But the apex, according to Dionysius of HaUcar- 
 nassus, was sometimes conical ; and conical or 
 pointed caps were certainly very common. One 
 use of this form probably was to discharge the 
 rain and wet, as when they were worn by fisher- 
 men (Theocrit. xxi. 13; Brunck, Atial. ii. 212), 
 and by mariners. In the case of agricultural 
 labom-ers (Hesiod, Op. et Dies, 545 — 547) the ad- 
 vantages of this particular shape are less obvious, 
 and accordingly the bonnet worn by the plough- 
 man in the woodcut, page 208, is very different 
 from that of the reaper at page 407. A remark- 
 able specimen of the pointed cap is that worn by 
 the Desultor at page 327. Private persons also 
 among the Romans, and still more frequently 
 among the Greeks, availed themselves of the com- 
 forts of the felt cap on a journey, in sickness, or in 
 case of unusual exposure. (Mart. xiv. 132; Sueton. 
 Nero, 26.) On returning home from a party a 
 person sometimes carried his cap and slippers un- 
 der his arm. (Hor. Ejiist. i. xiii. 15.) 
 
 In the Greek and Roman mythology caps were 
 sjTnbolically assigned in reference to . the customs 
 above related. The painter Nicomachus first re- 
 presented Ulysses in a cap, no doubt to indicate 
 his sea-faring Ufe. (Plin. H. N. xxxvi. § 22.) The 
 annexed woodcut shows him clothed in the Exomis, 
 
 I I 
 
 and in the act of offering wine to the Cyclops. 
 ( Winckelmann, Mon. lucd. ii. 154 ; Homer, Od. 
 ix. 345 — 347.) He here wears the round cap; 
 but more commonly both he and the boatmau 
 
PILEUS. 
 
 foharon (see woodcut, p. 404) have it pointed, 
 i Vulcan (see woodcut, p. 589) and Daedalus wear 
 ;he caps of common artificers. 
 
 A cap of very frequent occurrence in the works 
 of ancient art is that now generally known by the 
 name of " the Phrygian bonnet." The Mysian 
 pileus, mentioned by Aristophanes (Ackirn. 429), 
 ■must have been one of this kind. For we find it 
 continually introduced as the characteristic sj-mbol 
 iof Asiatic life in paintings and sculptures of Priam 
 ■(see woodcut, p. 734) and Mithras (woodcut, p. G), 
 ;and in short in all the representations, not only of 
 iTrojans and Phrygians, but of Amazons (woodcut, 
 ip. 749), and of all the inhabitants of Asia Minor, 
 land even of nations dwelling still further east. The 
 Irepresentations of this Phrygian, or Mysian, cap 
 in sculptured marble show that it was made of a 
 strong and stiff material and of a conical form, 
 • though bent forwards and downwards. By some 
 Asiatic nations it was worn erect, as by the Sacae, 
 'whose stiff peaked caps Herodotus describes under 
 •the name of KupSaa'iai. The form of those worn 
 bv the Armenians {■mko(p6pot 'Ap/xevioi, Brunck, 
 ji/ai. ii. 14(5) is shown on various coins, which 
 \WTe struck in the reign of Verus on occasion of 
 the successes of the Roman army in Armenia, A. D. 
 I(j1. It is sometimes erect, but sometimes bent 
 doOTiwards or truncated. The same variety may 
 I be observed in the Dacian caps as exhibited on the 
 coins of Trajan, struck a. d. 103. (Compare the 
 woodcut, p. 357.) The truncated conical hat is 
 most distinctly seen on two of the Sarmatians in 
 ? the group at page 160. Strabo observes that caps 
 ' of felt were necessary in Media on account of the 
 ■ cold (xi. p. 563. ed. Sieb.). He calls the Persian 
 cap ttIAtiim TTvpyuTov, i. e. " felt shaped like a 
 tower" (xv. p. 231). 
 
 Another singular variety of the Asiatic pileus 
 was that of the Lycians, which was surrounded 
 with feathers (Herod, vii. 92) and must have re- 
 sembled the head-dresses of some of the North- 
 American Indians. 
 
 Among the Romans the cap of felt was the 
 emblem of liberty. When a slave obtained his 
 freedom he had his head shaven, and wore instead 
 of his hair an undyed pileus (ir/Aeoy XeuKov, Diod. 
 Sic. Eccc. Leg. 22. p. 625. ed. Wess. ; Plant. 
 ' Ampliit. I. i. 306 ; Persius, v. 82). This change 
 of attire took place in the temple of Feronia, who 
 was the goddess of freedmen. (Servius in Viry. 
 Aen. viii. 564.) The figure of Liberty on some of 
 the coins of Antoninus Pius, struck A. D. 145, holds 
 this cap in the right hand. 
 1 In contradistinction to the various forms of the 
 I felt cap now described, we have to consider others 
 more nearly corresponding with the hats worn by 
 Europeans in modern times. The Greek word 
 ireTaaos, dim. Treraaiov, derived from -neTavvvfu, 
 " to expand," and adopted by the Latins in the 
 form pekisits, dim. petasancidus, well expressed the 
 distinctive shape of these hats. What was taken 
 from their height was added to their width. Those 
 already described had no brim : the petasus of 
 every variety had a brim, which was either exactly 
 or nearly circular, and which varied greatly in its 
 width. In some cases it is a circular disk without 
 any crown at all, and often there is only a depres- 
 sion or slight concavity in this disk fitted to the 
 top of the head. Of this a beautiful example is 
 presented in a recimibent statue of Endymion, 
 habited as a hunter, and sleepijig on his scaif 
 
 PILEUS. 763 
 
 [Chlamys, p. 224] : this statue belongs to the 
 Townley Collection in the British Museum, and 
 shows the mode of wearing the petasus tied under 
 the chin. In other instances it is tied behind the 
 neck instead of being tied before it. (See the next 
 woodcut.) Very frequently we observe a boss on 
 the top of the petasus, in the situation in which it 
 appears in the woodcuts, pages 51. 209. 308. In 
 these woodcuts and in that here introduced the 
 brim of the petasus is surmounted by a crown. 
 Frequently the crown is in the form of a skull-cap; 
 we also find it surrounded with a very narrow 
 brim. The Greek petasus in its most common 
 form agreed with the cheapest hats of undyed felt, 
 now made in England. On the heads of rustics 
 and artificers in our streets and lanes we often see 
 forms the exact counterpart of those which we most 
 admire in the works of ancient art. The petasus 
 is also still commonly worn by agricultural laboiu-ers 
 in Greece and Asia Minor. In ancient times it 
 was preferred to the skull-cap as a protection 
 from the sun (Sueton. Awj. 82), and on this ac- 
 count Caligula permitted the Roman senators to 
 wear it at the theatres. (Dio Cass. lix. 7.) It was 
 used by shepherds (Callim. Fmy. 125), hunters, 
 and travellers. (Plaut. Amphiti: Prol. 143; i.i.287; 
 Pseud, 11. iv. 45 ; iv. vii. 90 ; Brunck, Anal. ii. 
 
 170.) The annexed woodcut is from a fictile vase 
 belonging to Mr. Hope (^Costume, i. 71), and it re- 
 presents a Greek soldier in his hat and blanket. 
 [Pallium.] The ordinary dress of the Athenian 
 ephebi, well exhibited in the Panathenaic Frieze 
 of the Parthenon, now preserved in the British 
 Museum, was the hat and scarf. [Chl.a.mvs.] 
 (Brunck, Anal. i. 5; ii. 41; Philemon, p. 367. 
 ed. Meineke ; Pollux, x. 164.) Among imaginary 
 beings the same costume was commonly attributed 
 to Mercury ( Arnob. adv. Gent. vi. ; Martianus 
 Capella, ii. 176 ; Ephippus ap, Atlten. xii. 537. f ), 
 and sometimes to the Dioscuri. 
 
 Ancient authors mention three varieties of the 
 petasus, the Thessalian (Dio Cass. /. c. ; Callira. 
 Fray. 124 ; SchoL in Soph. Oed. Col. 316), the 
 Arcadian (Brunck, Anal. ii. 384 ; Diog. Laert. vi. 
 102), and the Laconian (Arrian. Tact. p. 12. ed. 
 
764 
 
 PISTOR. 
 
 PLAUSTRUM. 
 
 Blancardi) ; but they do not say in what the dif- 
 ference consisted. In like manner it is by no 
 means clear in what respects tlie Cai sia ditfered 
 from the petasus, although they are distinctly op- 
 posed to one another by a writer in Athenaeus 
 (xii. ,537. e). Moreover in the later Greek authors 
 we find TTiAoj used to denote a hat of other mate- 
 rials besides felt. (Athen. vi. "274.) 
 
 On the use of felt in covering the feet see Udo. 
 
 Felt was likewise used for the lining of helmets. 
 [Galea.] Being generally thicker than common 
 cloth, it presented a more effectual obstacle to mis- 
 sile weapons. Hence, when the soldiers under 
 Julius Caesar were much annoyed by Pompey's 
 archers, they made shirts or other coverings of 
 felt, and put them on for their defence. (Caes.iJ. C. 
 iii. 41.) Thucydidos refers to the use of similar 
 means to protect the body from arrows (iv. 34 ; 
 Schol. ad Inc.) ; and even in besieging and defend- 
 ing cities felt was used together with hides and 
 sack-clotli to cover the wooden towers and military 
 engines. (Aeneas Tacticus, 33.) [J. Y.] 
 
 PILI'CREPUS. [PiLA.] 
 
 PILUM. [IIasta, p. 4(in.] 
 
 PINACOTHE'CA (-n-iVa?, Strix-n), a picture- 
 gallery. Marcellus, after the capture of Syracuse, 
 first displayed the works of Greek painters and 
 sculptors to his countrymen, whose taste for the fine 
 arts was gradually matured by tlie contjucsts of L. 
 Scipio, Flamininus, and L. I'auUus. and grew into 
 a passion after the spoils of Achaia had been trans- 
 ported liy IMumniius to Rome. Objects of this 
 description were at first employed exclusively for 
 the decoration of temples and places of public resort, 
 but private collections were soon foniied ; and to- 
 wards the close of the republic we find that in the 
 houses of the more opulent a room was devoted to 
 the reception of paintings and statues. (VaiTo, 
 R. H. i. 2. 59 ; Cic. hi For. u. i. 21.) In the 
 time of Augustus, Vitruvius includes the pinaco- 
 theca among the ordinary apartments of a complete 
 mansion, and gives directions that it should be of 
 ample size and facing the north, in order that the 
 light might be equable and not too strong. (Vitmv. 
 i. 2 ; vi. .5. 7 ; compare Plin. //. N. xxxv. 2. 7. 
 II ; Mazois, Le Palais ile Scaurua, cap. ix. ; 
 Becker, GaZ/us, vol. i. p. 92.) [W. R.] 
 
 PISCATO'RII LUDI. [Ludi Pi.scatorii.] 
 
 PISCI'NA. [Baths, p. 138.] 
 
 PISTILLUM. [MoRTAUiuM.] 
 
 PISTOR [dpTOTToios), a baker, from pitiscre to 
 pound, since com was pounded in mortars be- j 
 fore the invention of mills. [Mola.] At Rome 
 bread was originally nuide at home by the women 
 of the house ; and there were no persons at Rome 
 who made baking a trade, or any slaves specially 
 kept for this purpose in private houses, till B. c. 
 173. (Plin. H. N. xviii. 11. s. 28.) In Varro's 
 time, however, good bakers were highly prized, 
 and great sums were paid for slaves who excelled 
 in this art. (Gel!, xv. 19.) The name was not 
 confined to those who made bread only, but was 
 also given to pastry-cooks and confectioners, in 
 which case however they were usually called 
 piston's (lulciarii or candiilarii. (Mart. xiv. 222 ; 
 Orelli, Iiiscr. n. 4263.) The liakers at Rome, like 
 most other tradespeople, formed a collegium. (Dig. 
 3. tit. 4. s. I ; 27. tit. I. s. 4G.) 
 
 Bread was often baked in moulds called artopiae, 
 and the loaves thus baked were tenned artopiicii. 
 (Plin. H. N. xviii. 1 1, s. 27. 28 ; Plaut. AuluL ii. 
 
 9, 4.) In one of the bakehouses discovered at 
 Pompeii, several loaves have been found apparently 
 baked in moulds, which may therefore be regarded 
 as artopiicii ; they are represented below. They 
 are flat and about eight inches in diameter. 
 
 Bread was not generally made at home at 
 Athens, but was sold in the market-place chiefly 
 by women, called aproirwAiScs. (Compare Aristnph. 
 Vesp. 1389, &c.) These women seem to have 
 been what the fish-women of London are at pre- 
 sent ; they excelled in abuse, whence Aristophanes 
 (Kan. 85G) says, \oiSope7a8ai Siaitip dpTOTvaiAiSas. 
 (Becker, Cliarildcs, vol. i. p. 284.) 
 
 PISTRI'NUM. [Mola; Mortarium.] 
 PLAETO'RIA LEX. [Curator.] 
 PLAGA. [Rete.] 
 PLAGIA'RIUS. [Plagium.] 
 PLA'GIUil. This offence was the subject of 
 a Fabia Lex, which is mentioned by Cicero [Pro 
 Hahirio, c. 3), and is assigned to the consulship of 
 Quintus Fabius and M. Claudius Marcellus, B. c. 
 183. The chief provisions of the Lex are collected 
 from the Digest (48. tit. 14. s. 6): " if a freeman 
 concealed, kept confined, or knowingly with dolus 
 mains purchased an ingenuus or libertinus against 
 his will, or participated in any such acts ; or 
 if he persuaded another person's male or fe- 
 male slave to run away from a master or mistress, 
 or without the consent or knowledge of the master 
 or mistress concealed, kept confined, or pur- 
 chased knowingly with dolus mains such male or 
 female slave, or participated in anj- such acts, ho 
 was liable to the penalties of the Lex Fabia." The 
 penalty of the Lex was pecuniary ; but this fell 
 into disuse, and persons who offended against the 
 lex were punished according to the nature of their 
 offence ; and were generally condemned to the 
 mines. A Senatusconsultum ad Legem Fabiam 
 did not allow a master to give or sell a runaway 
 slave, which was technically called " fiigani ven- 
 dere but the provision did not apply to a 
 slave who was merely absent, nor to the case of 
 a runaway slave when the master had com- 
 missioned any one to go after him and sell 
 him : it was the object of the provision to en- 
 courage the recovery of runaway slaves. The 
 name of the Senatusconsultum, by which the Lex 
 Fabia was amended, does not appear. The word 
 Plagium is said to come from the Greek TrSd/yios, 
 oblique, inilirect, dolosus. He who committed 
 plagium was plagiarius, a word which ISIartial {Ep. 
 i. 53) applies to a person who falsely gave himself 
 out as the author of a book ; and in tliis sense the 
 word has come into common use in our language. 
 (Dig. 48. tit. 15; Cod. ix. 20; Paulus, S. Ii. i. 
 tit. G A.) [G. L.] 
 
 PLAUSTRUM or PLOSTRUM, dim. PLOS- 
 TELLUM {ajxaifl,, dim. a.fjLa^is), a cart or waggon. 
 
PLAUSTRUM. 
 
 PLEBES. 
 
 765 
 
 his vehicle had commonly two wlicols, I)ut some- 
 iraes four, and it was then called the plaustnim 
 '.aj)cs. The invention of four-wheeled waggons is 
 Itributed to the Phrygians. (Pliii. //. iV. vii. .%.) 
 Besides the wlieels and axle the plaustrum con- 
 sted of a strong pole (tr/mi), to the hinder part of 
 i'hich was fastened a tabic of wooden planks, 
 "he blocks of stone, or other things to be carried, 
 fere either laid upon this table without any other 
 iupport, or an additional security was obtained 
 y the use either of boards at the sides (uTrepTe^i'o, 
 iom. 0(1. vi. 7(1 ; Plato, T//ract. p. iiil. Heindorf.) | 
 r of a largo wicker basket tied upon the cart 
 jir€(pii/5, Horn. //. xxiv. 267; Od. xv. 131). The 
 Innexed woodcut, taken from a bas-relief at Rome, 
 ■xhibits a cart, the body of which is supplied by a 
 lasket. Similar vehicles are still used in many 
 iiarts of Europe, being employed more especially 
 lo carry charcoal. 
 
 f In many cases, though not universally, the 
 'wheels were fastened to the axle, which moved, as 
 in our children's carts, within wooden rings adapt- 
 ed for its reception and fastened to the body. 
 'These rings were called in Greek dfia^6ivoSes, in 
 Latin arhtisculae. The parts of the axis, which re- 
 volved within them, were sometimes cased with 
 iron. (Vitruv. x. 20. s. 14.) The commonest kind 
 of cart-wheel was that called h/mpaimm, " the 
 |dmm,'" from its resemblance to the musical instru- 
 ment of the same name. ( Varro de lie Rust, iii. 5 ; 
 Virg. Georij. ii. 444.) It was nearly a foot in 
 thickness, and was made either by sawing the 
 trunk of a tree across in an horizontal direction, or 
 hy nailing together boards of the recpiisite shape 
 and size. It is exemplified in the precedhig 
 woodcut, and in the sculptures on the arch of 
 Scptimius Soverus at Rome. Although these 
 wheels were excellent for keeping tile roads in re- 
 pair and did not cut up the fields, yet they 
 rendered it necessary to take a long circuit in 
 turning. They advanced slowly. (Virg. Gcniy. i. 
 138.) They also made a loud creaking, which 
 was heard to a great distance {stridentia plaustra, 
 Virg. Georg. iii. 536 ; getru'titia, Aen. xi. 138). 
 ' Their rude constmction made them liable to be 
 overturned with their load of stone, timber, 
 manure, or skins of wine (.Tuv. iii. 241 — 243), 
 whence the Emperor Hadrian prohibited heavily 
 loaded waggons from entering the city of 
 Rome. (Spartian, Hudr. 22.) The waggoner 
 was sometimes required to aid the team with 
 his shoulder. Accidents of this kind gave 
 origin to the proverb " Plaustrum perculi," 
 meaning " I have had a misfortune." (Plant. 
 Epid. IV. ii. 22.) Carts of this description, having 
 solid wheels without spokes, are still used in 
 Greece (Dodwell's Toicr, v. ii. p. 102, 103) and 
 in some parts of Asia. (Sir R. K.Porter's Travels, 
 vol.ii. p. 533.) [J. Y.] 
 
 PLEBE'II LUDI. [LuDi Plebeii.] 
 PLEBES or PLEBS. PLEBEII. This word 
 contains the same root as iin-pleo, com-pleo, &c., 
 and is therefore etymologically connected with 
 ir\^6oy, a term which was applied to the plebeians 
 by the more correct Greek writers on Roman liis- 
 tory, while others wrongly called them Zrifxos or ol 
 SrjfiOTiKoi. 
 
 The plebeians were the body of commons or the 
 commonalty of Rome, and thus constituted one of 
 the two great elements of which the Roman nation 
 consisted, and which has given to the earlier periods 
 of Roman history its peculiar character and in- 
 terest. Before the time of Niebulir the most in- 
 consistent notions were entertained by scholars with 
 regard to the plebeians and their relations to the 
 patricians ; and it is one of his peculiar merits to 
 have pointed out tire real position which they oc- 
 cupied in the history of Rome. 
 
 The ancients themselves do not agree respecting 
 the time when the plebeians began to form a part 
 of the Roman population. Dionysius and Livy 
 represent them as having formed a part of the Ro- 
 mans as early as the time of Romulus, and seem 
 to consider them as the low multitude of outcasts 
 who flocked to Rome at the time when Romulus 
 opened the asylum. (Dionys. i. 8 ; Liv. i. 8.) If 
 there is any truth at all in these accounts of the 
 early existence of the plebeians, we can only con- 
 ceive them to have been the original inhabitants of 
 the districts occupied by the new settlers (Romans), 
 who, after their territory was conquered, were kept 
 in that state of submission in which conquered na- 
 tions were so frequently held in early times. 
 There are also some other statements referring to 
 such an early existence of the plebeians ; for the 
 clients, in the time of Romulus, are said to have 
 been formed out of the plebeians. (Dionys. ii. 9 ; 
 Plut. Rom/U. 13; Cic. de Re PuU. ii. 9 ; Fcst. 
 s. V. Patrociiiia.) In the early times of Rome the 
 position of a client was in many respects undoubt- 
 edly far more favourable than that of a plebeian, 
 and it is not improbable that some of the plebeians 
 may for this reason have entered ii\to the relation 
 of clientela to some patricians, and have given up 
 the rights which they had as free plebeians ; and 
 occurrences of this kind may have given rise to the 
 story mentioned by the writers just referred to. 
 
 Whatever may be thought of the existence of 
 plebeians at Rome in the earliest times, their num- 
 ber at all events cannot have been very great. The 
 time when they first appear as a distinct class of 
 Roman citizens in contradistinction to tlie patri- 
 cians, is in the reign of Tullus llostilius. Alba, 
 the head of the Latin confederacy, was in his reign 
 tiiken by the Romans and razed to the ground. 
 The most distinguished of its inhabitants were 
 transplanted to Rome and received among the patri- 
 cians ; but the great bulk of Alban citizens, who 
 were likewise transferred to Rome, received settle- 
 ments on the Caelian hill and were kept in a state 
 of submission to the populus Romanus or the patri- 
 cians. This new population of Rome, which in 
 number is said to liave been equal to the old in- 
 habitants of the city or tlie patricians, were the ple- 
 beians. They were Latins, and consequently of 
 the same blood as the Ramnes, the noblest of the 
 three patrician tribes. (Liv. i. 30; Dionys. iii. 
 29. 31 ; Val. Max. iii. 4. § 1.) After tlie con- 
 quest of Alba, Rome, in the reign of Ancus Mar- 
 tins, acquii'ed possession of a considerable extent of 
 
766 
 
 PLEBES. 
 
 PLEBES. 
 
 country containing a munbei-of dependent Latin 
 towns, as Mediillia, Fidenae, Politorium, Tellenae, 
 and Ficana. Great numbers of the inhabitants of 
 these towns were again transplanted to Rome, and 
 incorporated with the plebeians already settled 
 there, and the Aventine was assigned to them as 
 their habitation. (Liv. i. 33; Dionys. iii. 31. 37.) 
 Some portions of the land which these new citizens 
 had possessed were given back to them by the 
 Romans, so that they remained free land-owners 
 as much as the conquerors themselves, and thus 
 were distinct from the clients. 
 
 The order of plebeians or the commonalty, which 
 had tlius been fonued, and which far exceeded the 
 populus in number, lived partly in Rome itself in 
 the districts above mentioned, and partly on their 
 former estates in the country subject to Rome, in 
 towns, villages, or scattered farms. The plebeians 
 were citizens, but not optimo jure ; they were per- 
 fectly distinct from the patricians, and were neither 
 contained in the three tribes, nor in the curiae nor 
 in the patrician gentes. They were consequently 
 excluded from the comitia, the senate, and all civil 
 and priestly offices of the state. Dionysius is 
 greatly mistaken in stating that all the new citi- 
 zens were distributed among the patrician curies, 
 and under this error he labours throughout his 
 history, for he conceives the patricians and ple- 
 beians as having been united in the comitia curiata 
 (iv. 12; ix. 41). That the plebeians were not 
 contained in the curies, is evident from the follow- 
 ing facts: — Dionysius himself (iv. 76. 78) calls the 
 curies a patrician assembly; Livy (v. 40) speaks 
 of a lex curiata, which was made without any co- 
 operation on the part of the plebeians ; and those, 
 who confinn the election of kings or magistrates 
 and confer the imperinm, are in some passages called 
 patricians, and in others curiae (Dionys. ii. 60 ; vi. 
 90 ; X. 4 ; Liv. vi. 42 ; compare Niebuhr, Hist, of 
 Rome, ii. p. 120), which shows that both were 
 synonjTnous. That the plebeians did not belong 
 to the patrician gentes, is expressly stated by Livy 
 (x. 8). The only point of contact between the 
 two estates was the armj', for after the inhabitants 
 of Alba had been transplanted to Rome, Tullus 
 Hostilius doubled the number of legions of the 
 Roman army. (Liv. i. 30.) Livy also states that 
 Tullus Hostilius formed ten new tnrmae of equites, 
 but whether these new turmae consisted of Albans, 
 as Livy says, or whether they were taken from the 
 three old tribes, as Gottling(Gese7j. d. Rom. Staatsv. 
 p. 225) thinks, is only matter of speculation. The 
 plebeians were thus obliged to fight and shed their 
 blood in the defence and support of their new fel- 
 low-citizens without being allowed to share any of 
 their rights or privileges, and without even the 
 right of intemiarriage {commhium). In all judi- 
 cial matters they were cntirelj' at the mercy of the 
 patricians, and had no right of appeal against any 
 unjust sentence, though they were not, like the 
 clients, bound to have a patronus. They continued 
 to have their own sacra which they had had before 
 the conquest, but they were regulated by the pa- 
 trician pontiffs. (Fest. s. v. Munkipalia sacra.) 
 Lastly, they were free land-owners, and had their i 
 own gentes. That a plebeian, when married to a : 
 plebeian woman had the patria potestas over his ' 
 children, and that if he belonged to a plebeian I 
 gens, he shared in the jura and sacra gentiKcia of i 
 that gens, are points which appear to be self-evi- 
 dent. 
 
 The population of the Roman state thus con- 
 sisted of two opposite elements ; a ruling class or 
 an aristocracy, and the commonalty, which, though 
 of the same stock as the noblest among the rulers, 
 and exceeding them in numbers, yet enjoyed none 
 of the rights which might enable them to take a 
 part in the management of public affairs, religious 
 or civil. Their citizenship resembled the relation 
 of aliens to a state, in which they are merely tole- 
 rated on condition of perfonning certain services, 
 and they are, in fact, sometimes called peregrini. 
 While the order of the patricians was perfectly 
 organized by its division into curiae, decuriae, 
 and gentes, the commonalty had no such organiza- 
 tion, except its division into gentes ; its re- 
 lations to the patricians were in no way defined, 
 and it consequently had no means of protecting 
 itself against any arbitrary proceedings of the 
 rulers. That such a state of things could not last, 
 is a truth which must have been felt by every one 
 who was not blinded by his own selfishness and love 
 of dominion. Tarquinius Priscus was the first who 
 conceived the idea of placing the plebeians on a 
 footing of equality with the old burghers, by divid- 
 ing them into three tribes, which he intended to 
 call after his own name and those of his friends. 
 (Verrius Flaccus, ap. Fest. s. v. Naria ; Liv. i. 36, 
 kc. ; Dionys. iii. 71 ; Cic. de Re PM. ii. 20.) But 
 this noble plan was frustrated by the opposition of 
 the augm- Attus Navius, who probably acted the 
 part of a representative of the patricians. All that 
 Tarquinius could do was to effect the admission of 
 the noblest plebeian families into the three old 
 tribes, who were distinguished from the old patri- 
 cian families by the names of Ramnes, Titles, and 
 Luceres secundi, and their gentes are sometimes 
 distinguished by the epithet minores, as they en- 
 tered into the same relation in which the Luceres 
 had been to the first two tribes, before the time of 
 Tarquinius. (Fest. s. Sex Vestac Sacerdotes; Ck. 
 de Re Puhl. ii. 20 ; Liv. i. 35. 47.) This measure, 
 although an advantage to the most distinguished 
 plebeian families, did not benefit the plebeians as 
 an order, for the new patricians must have become 
 alienated from the commonalty, while the patri- 
 cians as a body were considerably strengthened by 
 the accession of the now families. 
 
 It was reserved to his successor, Servius Tullius, 
 to give to the commonalty a regular internal organ- 
 ization and to detennine their relations to the 
 patricians. The intention of this king was not to 
 upset the old constitution, but only to enlarge it so 
 as to render it capable of receiving within itself 
 the new elements of the state. He first divided 
 the city into four, and then the subject country 
 around, which was inhabited by plebeians, into 
 twenty-six regions or local tribes. (Liv. i. 43 ; 
 Dionys. iv. 14, &c.), and in these regions he 
 assigned lots of land to those plebeians who were 
 yet without landed propertj-. Niebuhr (ii. p. 162) 
 thinks that these allotments consisted of seven 
 jugera each, an opinion which is controverted by 
 Giittling (p. 239, &.C.). As regards the four city- 
 tribes, it should be observed that the Aventine 
 and the Capitol were not contained in them : the 
 former fonning a part of the country tribes, and 
 the latter being, as it were, the city of the gods. 
 ( Varro, de Liny. Lat. iv. p. 14, &c. ed. Bip.) The 
 twenty-six country tribes are not mentioned by 
 Livy in his account of the Servian constitution, and 
 where he first speaks of the whole nmnber of tribes 
 
[ii. 21 ; compare Dionys. vii. 64), he only men- 
 
 itions twenty-one instead of thirty. Niebuhr (i. 
 
 fp. 418) is undoubtedly right in reconciling this 
 number with the thirty tribes of Servius bj' the 
 
 isupposition, that in the war with Porsenna Rome 
 lost one tliird of lier tcrritorj-, i. e. ten tribes, so 
 
 :that there were only twenty left. As, there- 
 fore, after the immigration of the Claudii and their 
 
 jclients, a new tribe was fonned (Liv. ii. 16), 
 
 iLivy is right in only mentioning twenty-one tribes. 
 These thirty Servian tribes did not, at least origi- 
 
 ■ nally, contain any patricians, and even after the 
 
 • Claudii had come to Rome, it is not necessary to 
 
 ' suppose that the gens Claudia, which was raised to 
 the rank of patrician, was contained in the new 
 tribe, but the new tribe probably consisted of their 
 (.lifiits to v/hom lands were assigned be3-ond the 
 Aiiio. (Liv. /. c. ; compare Trihi s.) Some of the 
 clients of the patricians, however, were probably 
 contained in the Servian tribes. (Dionys. iv. 22, 
 
 l&c.) Each tribe had its praefect called tribunus. 
 
 |(Dionys.iv. 14; Appian, OVi iii. 23; Tribunus.) 
 The tribes had also their own sacra, festivals, and 
 
 \ meetings (com ilia tributa), which were convoked 
 
 I by their tribunes. 
 
 I This division into tribes with tribunes at their 
 ' heads was no more than an internal organization 
 I of the plebeians, analogous to the division of the 
 patricians into thirty curiae, without conferring 
 I upon them the right to interfere in any way in the 
 management of public affairs, or in the elections, 
 which were left entirely to the senate and the 
 curiae. These rights, however, they obtained by 
 another regulation of Servius Tullius, which was 
 made wholly independent of the thirty tribes. For 
 this purpose he instituted a census, and divided 
 the whole body of Roman citizens, plebeians as 
 well as patricians, into five classes, according to 
 the amount of their property'. Taxation and the 
 military duties were arranged according to these 
 classes in such a manner, that the heavier burdens 
 fi il upon the wealthier classes. The whole body 
 111' citizens thus di\'ided was formed into a great 
 national assembly called comitiatus maximus or 
 comitia centuriata. [Comitia, p. 27.'?, &:c.] In 
 this assembly the plebeians now met the patricians 
 apparently on a footing of equality, but the votes 
 were distributed in such a way that it was always 
 in the power of the wealthiest classes, to which the 
 patricians naturally belonged, to decide a question 
 before it was put to the vote of the poorer classes. A 
 great number of such noble plebeian families, as 
 after the subjugation of the Latin towns had not 
 been admitted into the curies by Tarc[uinius Pris- 
 cus, were now constituted by Servius into a num- 
 lirr of equites, with twelve suffragia in the comitia 
 ci nturiata. [EciUiTES, p. 393, &c.] Lastly, Ser- 
 vius Tullius is said to have regulated the commer- 
 ciuni between the two orders by about fifty laws. 
 (Dionys. iv. 1 3 ; Nrf/tiour tous ^kv avvaWaKTi- 
 Kovs KoL rovs vfpi raiv dSiKi)fidTa>v ; compare v. 2 ; 
 vi. 22 ; Gottling, p. 240.) 
 
 In this constitution the plebeians, as such, did 
 not obtain admission to the senate,nor to the highest 
 magistracy, nor to any of the priestly offices. To 
 all these offices the patricians alone thought them- 
 selves erititled by divine right. The plebeians 
 also continued to be excluded from occupying any 
 portion of the public land, which as yet was only 
 possessed by the patricians, and were only allowed 
 to keep their cattle upon the common pasture, for 
 
 PLEBES. 767 
 
 which they had to pay to the state a certain sum. 
 It is true that by the acquisition of wealth ple- 
 beians might become members of the first property 
 class, and that thus their votes in the comitia 
 might become of the same weight as that of the 
 patricians, but the possibility of acquiring such 
 wealth was diminished by their being excluded 
 from the use of the ager publicus. Niebuhr (i. p. 
 430, &c.) infers from the nature of the Servian 
 constitution that it must have granted to the ple- 
 beians greater advantages than those mentioned by 
 our historians : he conceives that it gave to them 
 the right of appeal to their own assembly, and to 
 pass sentence upon such as grossly infringed their 
 liberties, in short that the Servian constitution 
 placed them on the same footing in regard to the 
 patricians, as was afterwards permanently effected 
 by the laws of C. Licinius and L. Sextius. There 
 is no doubt that such might and should have been 
 the case, but the arguments which he brings for- 
 ward in support of his h3'pothesis do not appear to 
 be convincing, as has been pointed out by Gtittling 
 (p. 2G5, &c.). AU that we know for certain is, 
 that Servius gave to the body of the plebeians an 
 inteiTial organization by the establishment of the 
 thirty plebeian tribes, and that in the comitia cen- 
 turiata lie placed them, at least apparently, on a 
 footing of equality with the populus. Whether he 
 intended to do more, or would have done more if 
 it had been in his power, is a different question. 
 But facts, like those stated above, were sufficient 
 at a later period, when the benefits actually con- 
 ferred upon the plebeians were taken away from 
 them, to make the grateful commonalty look upon 
 that king as its great patron, and even regard him 
 as having granted all those rights which subse- 
 quently they acquired after many years of hard 
 straggle. Thus what he actually had done, was 
 exaggerated to what he possibly might have done, 
 or would have wished to do. In this light we 
 have to regard the story that he intended to lay 
 down his royal dignity and to establish the govern- 
 ment of two consuls, one of whom was to have 
 been a plebeian. 
 
 During the reign of the last king the plebeians 
 not only lost all they had gained by the legislation 
 of his predecessor (Dionys. iv. 43, 44) ; but the 
 tyrant also compelled them to work like slaves in 
 his great architectural works, such as the cloacae 
 and the circus. 
 
 On the establishment of the republic, the comi- 
 tia centuriata, and perhaps the whole constitution, 
 such as it had been before the reign of the last Tar- 
 quinius, were restored, so that the patricians alone 
 continued to be eligible to all the public offices. 
 (Liv. iv. 6 ; vi. 40, &c. ; x. 8.) That the comitia 
 centuriata were restored immediately after the 
 banishment of the Tarquins, may be inferred from 
 the words of Livy (i. 60), who says, that the first 
 consuls were elected ex commcniariis Servii 
 Tullii, for these words probably refer to the 
 comitia centuriata, in which, according to the re- 
 gulations of king Servius, the elections were to be 
 held. There was still no connubium between the 
 two orders, and the populus was still in every re- 
 spect distinct from the plebs. Considering the fact 
 that the patricians reserved for themselves all the 
 powers which had formerly been concentrated in 
 the king, and that these powers were now given to 
 a number of patrician officers, we must admit that 
 the plebeians at the commencement -of the republic 
 
768 
 
 PLEBES. 
 
 PLEBES. 
 
 were worse off than if the kinglj' rule had con- 
 tinued under the institutions introduced by Ser- 
 vius. They, however, soon gained some advantages. 
 The vacancies which had occurred in the senate 
 during the reign of the last king were filled up 
 with the most distinguished among the plebeian 
 ef[uites [patres coiii<crijiii, Liv. ii. 1 ; Dionys. v. 13 
 Fest. s.v. Qui patres; Vlut. I'ul/lic. 11 ; Senati's), 
 and Valerius Publicok carried a number of /t/ics by 
 which the relations between patricians and ple- 
 beians were more accurately defined than they had 
 hitherto been, and which also atibrded some ]iro- 
 tection to the plebeians. [Valeriae Lei;es.] Both 
 orders acted in common only in the army and the 
 comitia centuriata, in which, however, tiie patri- 
 cians exercised an overwhelming influence through 
 the number of their clients who voted in them ; 
 and in addition to this all decrees of the centuries 
 still required the sanction of the curiae. Notwith- 
 standing these disadvantages, the plebeians occu- 
 pied a position which might soon have enabled 
 them to rise to a perfect equality with the patri- 
 cians, had not a great calamity thrown them back, 
 and put an end to their political progress. This 
 was the unfortunate war with Porsenna, in which 
 a great number (a third) of the plebeians lost their 
 estates, became impoverished, and perhaps for a 
 time subject to the Etruscans. 
 
 In the meanwhile, the patricians, not satisfied, 
 with the exercise of all the authority in the state, 
 appear not seldom to have encroached upon the 
 rights granted to the plebeians by the Valerian 
 laws. (Liv. ii. 27.) Such proceedings, and the 
 merciless harshness and oppression on tlie part of 
 the rulers, could not fail to rouse the indignation 
 and call forth the resistance of the plebeians, who 
 gi'aduaUj' became convinced that it was impossi- 
 ble to retain what they possessed without acquir- 
 ing more. The struggle which thus originated be- 
 tween the two parties, is, as far as the commonalty 
 is concerned, one of the noblest that has ever been 
 carried on between oppressors and oppressed. On 
 the one hand we see a haughty and faithless oli- 
 garchy applying all means that the love of dominion 
 and seltisliness can devise ; on the other hand, a 
 commonalty forbearing to the last in its opposition 
 and resistance, ever keeping within the bounds of 
 the existing laws, and striving after power, not for 
 the mere gratification of ambitiun, but in order to 
 obtain the means of protecting itself against fraud 
 and tyranny. The details of this straggle belong 
 to a history of Rome and cannot be given here ; we 
 can only point out in what manner the plebeians 
 gradually gained access to all the civil and religi- 
 ous offices, until at last the two hostile elements 
 became united into one great body of Koman citi- 
 zens with equal rights, and a state of things arose 
 totally different from what had existed before. 
 
 After the first secession, in B. c. 494, the ple- 
 beians gained several great advantages. First, a 
 law was passed to prevent the patricians from 
 taking usurious interest of money which they fre- 
 quently lent to impoverished plebeians (Dionys. 
 vi. 83); secondly, tribunes were appointed 
 for the protection of the plebeians [Tribuni] ; 
 and lastly, plebeian aediles were appointed. [Ae- 
 DiLES.] Shortly after, they gained the right to 
 summon before their own comitia tributa any one 
 who had violated the rights of their order (Fest. 
 s.v. Sacer mons; Giittling, p. 300, &c.), and to 
 make decrees (plebisdta), which, however, did not 
 
 become binding upon the whole nation until the 
 year b. c. 449. [Plebiscitum.] A few years 
 after this (445, b. c), the tribune Canuleiiis esta- 
 blished, by his rogations, the connubium between 
 patricians and plebeians. (Liv. iv. 44 ; v. 11, 12; 
 Dionys. x. 60 ; xi. 28 ; Cic. de He PuU. ii. 37.) 
 lie also attempted to divide the consulship between 
 the two orders, but the patricians frustrated the 
 realisation of this plan by the appointment of six 
 military tribunes, who were to be elected from 
 both orders. [Tribuni.] But that the ple- 
 beians might have no share in the censorial 
 power, with which the consuls had been invested, 
 the military tribunes did not obtain that power, 
 and a new curale dignity, the censorship, was esta- 
 blished, with which patricians alone were to be in- 
 vested. [Censor.] Shortly after the taking of 
 Rome by the Gaids, we find the plebeians again in 
 a state little better than that in which they had 
 been before their first secession to the mons sacer. 
 In b. c. 421, however, they were admitted to the 
 quaestorship, which opened to them the way into 
 the senate, where henceforth their number con- 
 tinued to increase. [Quaestor : Sbnatu.s.] In 
 b. c. 367, the tribunes L. Licinius Stole and L. 
 Sextius placed themselves at the head of the com- 
 monalty, and resumed the contest against the 
 patricians. After a fierce struggle, which lasted 
 for several years, they at length carried a rogation, 
 according to which decemvirs were to be appointed 
 for keeping the Sibylline books instead of duum- 
 virs, of whom half were to be plebeians. (Liv. vi. 
 37. 42.) The next great step was the restoration of 
 the consulship, on condition that one consul should 
 always be a plebeian. A third rogation of Licinius, 
 which was only intended to afford momentary re- 
 lief to the poor plebeians, regulated the rate of in- 
 terest. From this time forward the plebeians also 
 appear in the possession of the right to occupy parts 
 of the ager pubiicus. (Livy, vii. IC ; Niebuhr, iii. 
 p. 1, &c.) In B. c. 366, L. Sextius Lateranus was 
 the first plebeian consul. The patricians, however, 
 who alwaj'S contrived to yield no more than what 
 it was absolutely impossible for them to retain, 
 stripped the consulship of a considerable part of its 
 power and transferred it to two new curale offices, 
 viz., that of praetor and of curule aedile. [Aediles; 
 Praetor.] But after such great advantages liad 
 been once gained by the plebeians, it was impossi- 
 ble to stop them in their progress towards a perfect 
 equality of political rights with the patricians. In 
 B. c. 356 C. Marcius Rutilus was the first plebeian 
 dictator ; in B. c. 35 1 the censorship was thrown 
 open to the plebeians, and in B. c. 336 the praetor- 
 ship. The Ogulnian law, in B. c. 300, also opened 
 to them the offices of pontifex and augur. These 
 advantages were, as might be supposed, not gained 
 without the fiercest opposition of the patricians, 
 and even after they were gained and sanctioned by 
 law, the patricians exerted every means to obstruct 
 the operation of the law. Such fraudulent attempts 
 led, in b. c. 286, to the last secession of the ple- 
 beians, after which, however, the dictator Q. Hor- 
 tensius successfully and permanently reconciled the 
 two orders, secured to the plebeians all the rights 
 they had acquired until then, and procured for their 
 plebiscita the full power of leges binding upon the 
 whole nation. 
 
 In a political point of view the distinction be- 
 tween patricians and plebeians now ceased, and 
 Rome, internally strengthened and united, entered 
 
PLEBES. 
 
 PLEBISCITUM. 
 
 769 
 
 |ipon the happiest period of her history. How 
 pompletely the old distinction was now forgotten, 
 s evident from the fact that henceforth botli coii- 
 puls were frequently plebeians. The government 
 )f Rome had thus gradually changed from an oj)- 
 jressive oligarchy into a moderate democracy, in 
 'which each party had its proper influence and the 
 ipower of cliecking the other, if it should venture to 
 
 iissume more than it could legally claim. It was 
 this constitution, the work of many generations, 
 ithat excited the admiration of the great statesman 
 jPolyhius. 
 
 ij We stated above that the plebeians during their 
 l^trnggle with the pati-icians did not seek power for 
 jthe mere gratification of their ambition, but as a 
 inecessary means to protect themselves from oppres- 
 jsion. The abuse which they, or rather their tri- 
 jbunes, made of their power, belongs to a much 
 later time, and no traces of it appear until more 
 jthan half a century after the Ilortensian law ; and 
 Jeven then, this power was only abused by indivi- 
 jduals, and not on behalf of the real plebeians, but 
 jof a degenerating democratieal party, which is un- 
 jfortunately designaU^d bj' later writers by the name 
 [of plebeians, and thus has become identified with 
 jthem. Those who know the immense influence 
 I which religion and its public ministers had upon 
 lithe whole management of the state, will not wonder 
 ;that the plebeians in their contest with the aristo- 
 Scracy exerted themselves as much to gain access to 
 tthe priestly offices as to those of a purely political 
 j character ; as the latter in reality would have been 
 ^'of little avail without the former. The office of 
 I curio maximus, which the plebeians sought and ob- 
 tained nearly a century after the Ogulnian law 
 (Liv. xxvii. C. 8), seems indeed to afford ground, 
 for supposing that in this instance the plebeians 
 sought a distinction merely for the purpose of ex- 
 tending their privileges ; but Ambrosch (Studicn 
 II. Andpiiliinijcn, p. 95) has rendered it more than 
 liriiliable that the office of curio maximus was at 
 that time of greater political importance than is 
 generally believed. It is also well known that 
 such priestly offices as had little or no connection 
 with the management of public affairs, such as that 
 I'f tlie rex sacrorum, the flamines, salii, and others, 
 u ( re never coveted by the plebeians, and continued 
 til lie held by the patricians down to the latest 
 times. (Dionys. v. 1; Cic. pro Dom. 14; Fest. 
 s. V. Major. Jknn.) 
 
 After the passing of the Hortensian law, the 
 political distinction between patricians and ple- 
 beians ceased, and with a few unimportant excep- 
 tions, both orders were placed on a footing of per- 
 fect equality. Henceforth the name populus is 
 sometimes applied to the plebeians alone, and some- 
 times to the whole body of Roman citizens, as as- 
 sembled in the comitia centuriata or tributa. (Liv. 
 xxvii..5 ; Cic. ad Att. iv.-2 ; GeU. x. ^O.) Tlie tei-m 
 plebs or plebecula, on the other hand, was applied 
 in a loose manner of speaking to the multitude or 
 populace, in opposition to the nobiles or the sena- 
 torial party. (Sallust, Jiiri. G3 ; Cic. ad Alt. i. If) ; 
 Hor. Epist. ii. 1. 158 ; Hirt. Bell. Ak.i: 5, &c.) 
 
 A person, who was bom a plebeian, could only 
 be raised to the rank of a patrician by a lex curiata, 
 as was sometimes done during the kingly period, 
 and in the early times of the republic. Caesar was 
 the first who ventured in his own name to raise 
 plebeians to the rank of patricians, and his example 
 was followed by the emperors. [Patricii.] 
 
 It frequently occurs in the history of Rome that 
 one and the same gens contains plebeian as well 
 as patrician families. In the gens Cornelia, for 
 instance, we find the plebeian families of the Balbi, 
 Mammulae, Merulae, &c., along with the patrician 
 Scipiones, Sullae, Lentuli, i&o. The occurrence of 
 this phenomenon may be accounted for in different 
 ways. It may have been, that one branch of a 
 plebeian family was made patrician, while the 
 others remained plebeians. (Cic. liruf. 16 ; de Leijri. 
 
 ii. 3; Sueton. A'i;)-. 1.) It may also have hap- 
 pened that two families had the same nonien gen- 
 tilicium without being actual members of the same 
 gens. (Cic. 16 ; Tacit. iii. 48.) Again, 
 a patrician family might go over to the plebeians, and 
 as such a family continued to bear the nameof its pa- 
 triciangens, this gens apparently contained aplebeian 
 family. (Liv. iv. 16 ; Plin. H.N. xviii. 4.) At the 
 time when no connubium existed between the two 
 orders, a marriage between a patrician and a ple- 
 beian had the consequence, that the same nomen 
 gentilicium belonged to persons of the two orders. 
 (Niebuhr, ii. p. 337. n. 756 ; Suet. Aug. 2.) When 
 a peregrinus obtained the civitas through the in- 
 fluence of a patrician, or when a slave was emanci- 
 pated by his patrician master, they generally 
 adopted the nomen gentilicium of their benefactor 
 (Cic. ad Fam. xiii. 35,36 ; c. Vcrr. iv. 17 ; Appian, 
 Civil, i. 100), and thus appear to belong to the 
 same gens with him. [L. S.] 
 
 PLEBISCI'TUM, a name properly applied to 
 a law passed at the Comitia Tributa on the roga- 
 tion of a Tribune. According to Laelius (Gellius, 
 XV. 27) he who had authority to convene not the 
 universus populus, but only a part, could hold a 
 Concilium, but not Comitia ; and as the Tribunes 
 could not summon the Patricii nor refer any matter 
 to them, what was voted upon the proposal of the 
 tribunes was not a Lex, but a Scitum. But in 
 course of time Plebiscita obtained the force of 
 Leges, properly so called, and accordingly they are 
 sometimes included in the term Leges. [Lex, p. 
 558.] 
 
 Originally, a Plebiscitum required confirmation. 
 The progress of change as to this matter appears 
 from the following passages. A Lex Valeria, 
 passed in the Comitia Centuriata B. c. 449 (Liv. 
 
 iii. 55. 67) enacted that the Populus should be 
 bound (tcneretur) by that which the Plebs voted 
 tribntim ; and the same thing is expressed in other 
 words thus : " Scita plebis injuncta patribus." 
 This Lex was passed to settle the disputed ques- 
 tion whether the Patres were bound by Plebiscita. 
 A Lex Publilia, 339 b. c. (Liv. viii. 12), was 
 passed to the effect that Plebiscita should bind all 
 the Quirites ; and a Lex Hortensia B. c. 286, to 
 the effect that Plebiscita should bind all the 
 populus {^universus puptilus) as Gaius (i. 3) ex- 
 presses it ; or, " ut eo jui'e, quod pleljes statuisset, 
 omnes Quirites tenerentur," according to Laelius 
 Felix, as quoted by Ciellius ; and this latter is also 
 the expression of Pliny (xv. 10). The Lex 
 Hortensia is always referred to as the Lex which 
 put Plebiscita as to their binding force e,xactly on 
 the same footing as Leges. 
 
 If we might judge of the effect of the two pre- 
 ceding Leges by the tenns in which they are ex- 
 pressed, as above quoted, they were the same as 
 the Hortensian Lex. From the tenns in which 
 Livy speaks of the Lex Valeria, it is clear that in 
 that passage Populus and Patres are the same, and 
 
 3 D 
 
770 
 
 nAI'N0O2. 
 
 PNEUMATICI. 
 
 tlie only question in dispute was whether the 
 Plebiscita bound the rest of the State besides the 
 Plebs. Consistently with this, we read of the 
 rogation of an Agrarian Plebiscitum shortly after, 
 the carrying of which was only prevented by the 
 Senate prevailing on part of tlie Tribunes to put 
 their Veto on the measure. (Liv. iv. 48.) No 
 allusion is made to any power of the Senate to 
 prevent the carrying of such a measure ; but the 
 want of such power must lie supposed in order that 
 the narrative may be intelligible. In the case of 
 the Lex Canuleia (Liv. iv. 1, &c.) it is said that 
 the Patres were at last prevailed upon to give 
 their consent to the rogatio on the connubium of 
 the Patres and the Plebs being proposed. In this 
 case the consent of the Patres was considered 
 necessary ; but as this was a Plebiscitum, which 
 duninished, as they supposed, their rights, it is not 
 inconsistent to say the Lex Valeria made the 
 Plebiscita binding on the Populus, and yet that a 
 Plebiscitum could not alter the privileges of the 
 Populus. A Plebiscitum might appertain to a 
 matter which indifferently concerned all, and such 
 a Plebiscitum would consistently with Livj-'s ex- 
 pression be a Lex. It is however stated by several 
 modem writers that the effect of the Valeria Lex 
 was to put Plebiscita on the footing of Legos 
 Centuriatae, when they had been first approved by 
 the Senate or were subsequently approved by 
 the Senate and confirmed by the Curiae. It 
 is Niebuhr's opinion that the effect of the Lex 
 Publilia was to render a Senatusconsultum a suffi- 
 cient confirmation of a Plebiscitum, and to make 
 the confiniiation of the Curiae unnecessary; and 
 that the effect of the Lex Hortcnsia was to render 
 unnecessary even the confirmation of the Senate 
 and to give to the Tributa Comitia complete legis- 
 lative force. Thus by the Lex Publilia the Senate 
 succeeded to the place of the Curiae, and the 
 Tribes to that of the old burghers (iii. 490, &c.). 
 According to this view the Lex Publilia was not a 
 mere repetition of the Lex Valeria, as it would 
 seem to be from the terms of Livy. Numerous 
 passages of Livy are cited by modern writers in 
 confirmation of their views as to the first two of 
 these Leges, but on the whole it is not easy to 
 come to any certain conclusions for them. It 
 would be no improbable hypothesis that our ac- 
 counts of all early Roman legislation should be ex- 
 ceedingly confused ; and that they are so, is ap- 
 parent enough. It would also be no improbable 
 hj'pothesis to suppose that much of early Roman 
 legislation was irregularly conducted, of which fact 
 also there is evidence. It further appears to be 
 clear enough that without further information we 
 must remain ignorant of the precise effect of the 
 two leges, hereinbefore mentioned, which preceded 
 the Lex Hortensia. It cannot be a matter of 
 doubt that the objects which a Plebiscitum might 
 embrace must have been as important to determine 
 as the forms which should give it validity ; and 
 that these objects which could be comprised in 
 a Plebiscitum were more limited in number and 
 extent before the passing of the Lex Hortensia 
 than after, is easily shown. 
 
 The principal Plebiscita are mentioned under 
 the article Lex. [G. L.] 
 
 PLECTRUM. [Lyra, p. 586.] 
 
 nAHMOXO'AI. [Eleusinia, p. 374.] 
 
 nAE'QPON. [Pes, p. 747. 748.] 
 
 nAl'NeoS. [Later.] 
 
 PLUMA'RII, a class of persons, mentioned bj 
 Vitruvius (vi. 7. p. 177. ed. Dip.), Varro 
 Noniutii,i\. p. 71 fi), and in inscriptions. It can 
 not be decided witli certainty what their exact oc 
 cupation was : their name would lead us to supposi 
 that it had something to do with feathers (;)?«»?,ac) 
 Salmasius (ad Vopisc. Carin. c. "20) supposes tha 
 they were persons who wove in gannents golden oi 
 ] purple figures made like feathers. The word, how 
 , ever, probably signifies all those who work in feathers 
 as lanarii those who work in wool, and aryentari 
 those who work in silver. Seneca {Ep. 90) speak; 
 of dresses made of the feathers of birds. (Becker 
 Gallus, i. p. 44—48.) 
 
 riATNTH'PIA (from TrAureii', to wash) was i 
 festival celebrated at Athens every year, on the 
 2oth of Thargelion, in honour of Athena, sumaraed 
 Aglauros (Plut. Alcib. 34 ; Ilarpocrat. Suid. s.v.). 
 whose temple stood on the Acropolis. (Ilerod. viii 
 53 ; Hesych. s. v. Tlhwrrigia.) The day of tbif 
 festival was at Athens among the d-n-o(pgi},S(:S or 
 dies nefasti ; for the temple of the goddess was sur- 
 rounded by a rope to preclude all communication 
 with it (Pollux, viii. 141); her statue was strip- 
 ped of its garments and ornaments for the purpose 
 of cleaning them, and was in the meanwhile covered 
 over to conceal it from the sight of man. (Plut. /.c. 
 Xcn. HcUen. i. 4. § 12.) The persons who per- 
 formed this service were called 7rga|ie^J7i'5ai. 
 (Plut. /. c. ; Hesych. s. The city was there- 
 fore, so to speak, on this day without its protect- 
 ing divinity, and any undertaking commenced on 
 it was believed to be necessarily unsuccessful. A 
 procession was also held on the day of the Plynteria, 
 in which a quantity of dried fias, called rfymoqia, 
 were carried about. (Etymol. Magn. ; Hesych. s. v. 
 'iiyi]Topia.) Other particulars are not known. 
 
 [L. S.] 
 
 PLU'TEUS, was applied in military affairs to 
 two difi'erent ol)jects. 1. A kind of shed made of 
 hurdles and covered with raw hides, which could 
 be moved forward by small wheels attached to it, 
 and under which the besiegers of a town made 
 their approaches. (Festus, s. v. ; Veget. iv. 15 ; 
 Liv. xxxiv. 1 7.) 2. Boards or planks placed on 
 the vallum of a camp, on movable towers or other 
 military engines, as a kind of roof or covering for 
 the protection of the soldiers. (Festus, s. v. ; Caes. 
 BelL Gall. vii. 25.41. 72.) 
 
 The word pluteus was also applied to any board 
 used for the purpose of protection or enclosure, as 
 for instance to the board at the head of a bed. (Suet. 
 Col. 2fi.) 
 
 PNEUMA'TICI (nvev/mTiKo'i), a medical sect, 
 founded at Rome by Athenaeus of Cilicia in the 
 time of Nero and Vespasian, about a.d. CO. (Galen, 
 de Different. Puis. iv. 10. p. 749. torn. viii. ed. 
 Kiihn.) This was at the time when the Methodic! 
 enjoyed their gi'eatest reputation, from whom the 
 Pneumatici differed principally in that instead of 
 the mixture of primitive atoms (07K01). they ad- 
 mitted an active principle of immaterial nature, to 
 which they gave the name of iryeuixa, spirit. Tliis 
 principle was the cause of health or disease, and 
 from this word they derived their name. It is 
 from Galen alone that we learn the doctrines of 
 the founder of the Pnemnatici, for of his numerous 
 writings only a few fragments remain preserved by 
 Oribasius. The theory of Plato had already laid the 
 foundations of the doctrine of this ethereal sub- 
 stance, of which Aristotle was the first who gave a 
 
PNEUMATICI. 
 
 POENA. 
 
 771 
 
 clear idea, in describing the ways by which the torn, v.) The Pneumatici did not occnpy them- 
 wvev/m is introduced into the body and the san- ! selves at all with the causes which produced the 
 guineous system. The Stoics developed it still , changes in the pulse, but confined themselves to 
 more, and ai)plied it to the explanation of the , collecting observations to serve as a basis for their 
 f functions of the body; and Erasistratus and his prognostic. (Id. de Differ . Pah. ii. p. 22. tom.viii.) 
 * successors had made the irvivfxa act a great part in { The following is a list of the pliysicians that be- 
 lt the animal economy, whether in health or disease, i longed to the sect of the Pneumatici : — Archigenes 
 This doctrine, therefore, of the Pneumatici could [ (Pseudo-Galen, Inirodwi. c. 9. p. 699. torn. xiv. 
 not be regarded as new. Galen, who gives the I ed. KUhn), Herodotus (Id. de Simplk. Medicam. 
 above history of it, asserts (de Facullut. Natural, j Temper, ac FacnUal. i. 29. p. 432. tom. xi. ; and 
 ii. c. 4. p. 92. tom. ii.) that the Stoics followed the ! f/p hijf'ereiit. Puis. iv. 11. p. 751. tom. viii.), 
 steps of Aristotle with respect to physiology. The ' Aegthinus (Id. dc Diijnosc. Puis. i. 3. p. 787. 
 foimdation, however, of tlie sect of the Methodici i torn, viii.), Magnus (Id. de Difil'rnii. Puis. iii. 2. 
 appears to have done away witli mucli of the con- | p. 646. tom. viii.), Theodorus (Uiog. Laert. ii. 
 sideration which the theory of the irecC^ia had | 104). To these the name of Aretaeus has been 
 formerly enjoyed. Those physicians who would added by Le C'lerc (Hist, dc la Med. p. 50!!, &c. 
 
 ' not follow the sect of the Methodici, chose that 
 which revived the weS/xa, in order to oppose to 
 the former sect a finnly established principle, and 
 1 agreed in that, as upon various other points, with the 
 Stoics. (Galen, de Difereiit. Puis. iii. p. 642. tom. 
 \ viii.) They thought especially that logic was indis- 
 I pensable to the perfection of science ; for in many 
 1 cases they disputed simply about names, and Galen 
 1 tells us (dcDi/fercnt.Puls. ii. p. 630 ) that the Pneu- 
 I matici would rather have betrayed their country 
 than abjured their opinions. Like the greater part 
 j of the Stoics of his time, Athenaeus had adopted 
 J all the doctrines of the Peripatetics. (Galen, de 
 \ Se7nine,i\. c. 2. p.612sq. tom.iv.) AVhat undeniably 
 ' proves it is, that besides the doctrine of the pneuma, 
 he developed the theory of the elements, much more 
 at least than the Methodici were in the habit of 
 doing. He recognized in the four known elements 
 the positive qualities (iroidTr/i) of the animal body; 
 but he often regarded them as real substances, and 
 gave to the whole of them the name of Nature of 
 Man. (Id. <lc Eleynetit.i. p. 457. tom.i.) Although 
 the followers of this doctrine attributed in general 
 the greater number of diseases to the pneurna 
 (Pseudo-Galen, Iniroduet. p. 699. tom. xiv.) never- 
 theless they paid at the same time great attention 
 to the mixture of the elements. The union of 
 heat and moisture is the most suitable for the pre- 
 sen'ation of health. Heat and dryness give rise to 
 acute diseases, cold and moisture produce phleg- 
 matic affections, cold and dryness give rise to 
 melancholy. Everything dries up and becomes 
 cold at the approach of death. (Galen, de Temper- 
 amcntis, i. c. 3. p. 522. tom. i.) It cannot be 
 denied, says Sprengel (HL^t. de la Med.), that the 
 Pneumatici rendered great services to pathology, 
 and discovered several new diseases. It is only to 
 Vic regretted, that they carried their subtleties too 
 tar. Thus for instance they established many 
 more kinds of fever than there really exist in 
 nature. (Id. de Different. Fehr. ii. p. 370. tom. vii.) 
 Put their taste for subtleties shows itself nowhere 
 more than in their doctrine of the pulse, which 
 was more complex than that of any other sect. 
 They commonly defined it to be an alternate con- 
 traction and dilatation of the arteries; and attributed 
 this latter motion to the attraction and separation 
 of tlie pneuma, or spirit, which, according to the 
 opinion of Aristotle, passes from the heart into 
 the__ great arteries. (Id. de Differ. Puis. iv. p. 756, 
 757. tom. viii.) The diastole, or dilatation, pushes 
 forward the spirit, and the si/stole, or contraction, 
 draws it back, in the same way as the respiratory 
 organs contract in drawing in the breath, and di- 
 late in letting it out. (Id. de Usu Puis. p. 162. 
 
 ed. 1723), AV'igan (Prax-fat. in Aret.), Barchusen 
 (Hist. Medic, p. 269), Schulze (Cwnpend. Hist. 
 Medic., Halae 1774, p. 332), and Ihilln (BiUioth. 
 Medic. Pract. tom. i. p. 192, &c.) ; but the pas- 
 sages brought forward in support of this opinion 
 (for it rests only on internal evidence) are coh- 
 .sidered to be insufficient to prove the point by Petit 
 (Praefat. ad Comment, in Aret.) ; Osterhausen 
 (Dissert. Inauyur. de Scctuf Piieumaticorum Medi- 
 corum Histiiria, Altorf, 1791, 8vo.), and Acker- 
 mann (de Aretaeo, in edit. Kiibn). Sprengel (Hist, 
 de la Med. tom. ii. p. 82) thinks that he was 
 brought up in the principles of the Pneumatici, and 
 afterwards embraced those of the Eclectici, as it 
 is impossible to overlook the traces of the doctrines 
 of the former sect that exist in his works. For 
 further infonnation respecting this sect the reader 
 is referred to Wigan, Ackermann, Le Clerc, and 
 Sprengel (from whom the above account is princi- 
 pally abridged), and especially Osterhausen, loe. eit. 
 
 [W. A. G.] 
 PNYX. ['EKKAHSI'A, p. 362.] 
 PO'CULUM was any kind of drinking-cup. It 
 must be distinguished from the Crater or vessel in 
 which the wine was mixed [KPATH'P], and from 
 the Ct/atlius, a kind of ladle or small cup, which 
 was used to convey the wine from the Crater to 
 the Poculum or drinking-cup. [Cyathus.] Thus 
 Horace (Carm. iii. 19. 11) — " tribus aut novem 
 Miscentnr cyathis pocula commodis." 
 PO'DIUAL [Amphitheatri'm, p. 43.] 
 POENA (Greek, ttoivt;). The Roman sense of 
 this word is explained by Ulpian (Dig. 50. tit. 16. 
 s. 13) at the same time that he explains Frausand 
 iMulta. Fraus is generally an offence, Noxa ; and 
 Poena is the punishment of an offence, Noxae 
 vindicta. Poena is a general name for an}' punish- 
 ment of any offence : Malta is the penaltj^ of a 
 particular offence, which is now (in Ulpian's time) 
 pecuniary. Ulpian says in his time because by 
 the Law of the Twelve Tables, the Malta was 
 pecuaria or a certain number of oxen and sheep. 
 (Plin. xviii. 3; Festua, IMultam, Peeulatus.) [Le.\ 
 Aternia TARPEiA,_p. 560.] Ulpian proceeds to 
 say that Poena may afiect a person's caput and 
 existimatio, that is. Poena may be loss of citizen- 
 ship and Infamia. A Malta was imposed accord- 
 ing to circumstances and its amount was determin- 
 ed by the pleasure of him who imposed it. A 
 Poena was only inflicted when it was imposed by 
 some lex or some other legal authority (quo alio 
 Jure). \A'hen no poena was imposed, then a multa 
 or penalty might be inflicted. Every person who 
 had jurisdictio (this seems to be the right reading 
 instead of judicatio) could impose a multa ; and 
 
 3 D 2 
 
772 
 
 nnAH'TAi. 
 
 POMOERIUM. 
 
 these were iiiagistratus and praesides provinciarum. I 
 A Poena might be inflicted by any one who was 
 intrusted with the judicial prosecution of the oi^'ence 
 to which it was affixed. The legal distinction be- 
 tween Poena and Multa is not always observed by 
 the Roman writers. [G. L.] 
 
 nOAE'MAPXOS. An account of the functions 
 of tlie Athenian magistrate of this name is given 
 under Archon. Athens, however, was not the 
 only state of Greece which had officers so called. 
 We read of tliem at Sparta, and in various cities 
 of Boeotia. As their name denotes, they were 
 originally and properly connected with military 
 affairs, being entnistcd either with the command 
 of armies abroad, or the superintendence of the war 
 department at home : sometimes with both. The 
 polemarchs of Sparta appear to have ranked next 
 to the king, when on actual service abroad, and 
 were generally of the royal kindred or house 
 (yivos). (Herod, vii. 173.) They commanded 
 single morae (Xen. Bcp. Lac. xi. 4), so that they 
 would appear to have been six in numlicr (MUUer, 
 Dorians, iii. 12. 4), and sometimes whole annies. 
 (Herod. /. c.) They also formed part of the king's 
 council in war, and of tlie royal escort called 
 Zafxoaia (Xen. Hell. vi. 4. 14), and were supported 
 or represented by the officers called trv/jiipopus. 
 (Midler, iii. 12. .5.) The polemarchs of Sparta 
 had also the superintendence of the public tables : 
 a .circumstance which admits of explanation from 
 the fact that Ljxurgus is said to have instituted 
 the syssitia for the purposes of war, and therefore 
 as military divisions ; so that the Lacedaemonians 
 would eat and fight in the same company. (MiiUer, 
 iii. 12. 4.) But in addition to their military functions, 
 and the duties connected therewith, the polemarchs 
 of Sparta had a civil as well as a certain extent of 
 judicial power (Id. iii. 7. 8), in which respect they 
 resembled the apx^i' iroXeiJtapxos at Athens. In 
 Boeotia also there were magistrates of this name. 
 At Thebes, for instance, there appears to have 
 been two, perhaps elected annually, and from what 
 happened when Phoebidas, the Lacedaemonian 
 commander, seized the Cadmeia or citadel of 
 Thebes (b. c. 3(i2), we may infer that in times of 
 peace they were invested with the chief executive 
 power of the state, and the command of the city, 
 having its military force under their orders. (Xen. 
 IJc'U. V. c. 2. 30.) They are not, however, to be 
 confounded with the Boeotarchs. At Thespiae also 
 (Plut. Demctr. c. 39) there were officers of this 
 name, and likewise in Oetolia (Polyb. iv. 79) 
 and Arcadia. At Cynaetha in the latter country 
 the gates of the city were entrusted to the special 
 care of the Polemarchs : they had to keep guard 
 by them in the day-time, and to close them at 
 night, and the keys were always kept in their 
 custody. (Id. iv. 18.) [R. W— N.] 
 
 nnAH'TAI, a board of ten officers, or magis- 
 trates (for they are called apxi by Harpocration), 
 whose duty it was to grant leases of the puljlic laiuls 
 and mines, and also to let the revenues arising 
 from the customs, taxes, confiscations, and for- 
 feitures. Of such letting the word irtuAeTc (not 
 (iiaQovv) was generally used, and also the correla- 
 tive words luvtlrrBat and irplatrHat. Their official 
 place of business was called irwKrjTiipiov. One was 
 chosen from each tribe. A chairman presided at 
 their meetings [iirpvTaveve). In the letting of the 
 revenue they were assisted by the managei s of the 
 theoric fund (to ^eaipiKSv), and they acted under 
 
 the authority of the Senate of Five Hundred, who 
 exercised a general control over the financial de- 
 partment of the administration. Resident aliens, 
 who did not pay their residence-tax (fieToCfciov), 
 were summoned before them, and if found to have 
 committed default, were sold in a room called 
 Tra3\.r)Tqpiov Tov fxiToiKiov. (Demosth. c. Aristog. 
 787.) Other persons who had forfeited their free- 
 dom to the state were also sold by the iroiA'^Toi, 
 as foreigners who had been convicted of usurping 
 the rights of citizenship. (Harpoc. and Suid. s. r. 
 n<ii\riTal and /xerotKiov; Pollux, viii. 99; Biickh, 
 Siauh/i. der Ait. i. 167. 338. 353; Meier, t/e Imii. 
 duwn.iX.) [C. R. K.] 
 
 nOAITEl'A, nOAl'TH2. [CiviTAs (Greek).] 
 POLLICA'RIS. [Pes, p. 747.] 
 POLLICITA'TIO. [(.iHi.iiiATioNES, p. 657.] 
 POLLINCTO'RES. [Funus, p. 439.] 
 
 nO'AOS. [HOROI.OGIUM.] 
 
 POLY'MITA. [Tela.] 
 POMOE'RIUM. This word is compounded of 
 post and moeriam (tnurus), in the same manner 
 as pomeridiem of post and meridiem, and thus sig- 
 nifies a line running by the walls of a town {pom 
 or post mtiros). I5ut the walls of a town here 
 spoken of are not its actual walls or fortifications, 
 but sjnnbolical walls, and the course of the pomoe- 
 rium itself was marked by stone pillars {ci/ypi 
 pomoerii, Varro, de. Ling. Lat. iv. p. 40. ed. Bip.), 
 erected at certain intervals. The custom of making 
 a pomoerium was common to the Latins and Etrus- 
 cans, and the manner in which it was done in the 
 earliest times, when a town was to be founded, 
 was as follows : — A bullock and a heifer were 
 yoked to a plough, and a furrow was drawn around 
 the place which was to be occupied by the new 
 to\vn, in such a manner that all the clods fell in- 
 ward. The little mound thus formed was the 
 symbolical wall, and along it ran the pomoerium, 
 within the compass of wliich alone the city-auspices 
 (atispicia urha.na) could be taken. (Varro, de Ling. 
 Lat. I. c.) That the actual walls or fortifications 
 of a town ran near it, may naturally be supposed, 
 though the pomoerium might either be within or 
 without them. This custom was also followed in 
 the building of Rome, and the Romans afterwards 
 observed it in the establishment of their colonies. 
 The sacred line of the Roman pomoerium did not 
 I prevent the inhaliitants from building upon or 
 taking into use any place beyond it, but it was 
 necessiiry to leave a certain space on each side of 
 it unoccupied so as not to unhallow it by profane 
 use. (Liv. i. 44.) Thus we find that the Aven- 
 tine, although inhabited from early times, was for 
 many centuries not included within the pomoe- 
 rium. (Gell. xiii. 14.) The whole space included 
 in it was called offer effaliis or fines effati. The 
 pomoerium of Rome was not the same at all times ; 
 as the city increased the pomoerium also was ex- 
 tended, but this extension could, according to an- 
 cient usage, oidy be made by such men as had bv 
 their victories over foreign nations increased the 
 boundaries of the empire (Tacit. Annal. xii. 23), 
 and neither could a pomoeriimi be formed nor 
 altered without the augurs previously consulting 
 the will of the gods by augury, whence the jub 
 jiomoerii of the augurs. (Dionys. iv. 13 ; Cic. dt 
 Di'O. ii. 35.) The fommla of the prayer which the 
 augurs perfomied on such occasions, and which was 
 repeated after them by the people wlio attended, 
 is preserved in Festus (s. v. Prosimurium,). 
 
PONTIFEX. 
 
 PONTIFEX. 
 
 773 
 
 The original pomoeriura of Romulus ran, accord- 
 ing to Gellius (/. c), around the foot of the Pala- 
 tine, but the one which Tacitus [Annul, xii. 24) 
 describes as the ponioerium of Romulus comprised 
 a much wider space, and was, as Nicbulir thinks 
 (Hist, of Rom. i. p. 288 ; compare Bunscn, IScs- 
 liireih. d. Stadt Rom. i. p. 1 38 ; Sachse, lieschreib. 
 'roll Rom. i. p. .50), an enlargement of the original 
 (compass, taking in a suburb or borough. Niebuhr 
 Salso believes that ponioerium properly denotes a 
 ^suburb taken into the city. The Roraulian pomoe- 
 frium, according to Tacitus, ran from the Forum 
 Jioai'ium (the arch of Septimius Severus) through 
 ;the valley of the Circus so as to include the ara 
 'maxima Herculis ; then along the foot of the Pala- 
 tine to the ara Consi, and thence from the Septi- 
 zonium to the curiae veteres (a little below the 
 baths of Trajan), along the top of the Velia to the 
 Sacellum Larium, and lastly by the via sacra to 
 iIm- Forum. From the eastern side of the Fonim 
 t" the Velabrum there was a swamp, so that 
 Tacitus does not mention the line of the pomoerium 
 lii ir. Servius TuUius again extended the pomoe- 
 l i M (Liv. i. 44; Dionys. iv. 13), but the Aventine 
 not included, either because the auspices here 
 II by Remus had been unfavourable, or, which 
 Is more probable, because there stood on this hill 
 f the temple of Diana, the common sanctuary of the 
 '(Latins and Romans. (Gell. /. c. ; Varro, dc Liny. 
 \Lal. iv. p. 14. ed. Bip.) The Aventine did not 
 [become included within the pomoerium until the 
 (time of the Emperor Claudius. (Gell. /. c. ; Tacit. 
 }Annul. xii. 23.) Dionysius (/. c.) states that down 
 'to his time nobody had extended the pomoerium 
 'since the time of King Servius, although we know 
 ■from authentic sources that at least Augustus en- 
 larged the pomoerium (Bunsen, /. c. p. 139), and 
 tthe same is said of Sulla and J. Caesar. (Tacit. 
 [Annul. I.e.; Gell. I.e.; Fest. s.v. Prosimurium ; 
 jCic. ad Alt. xiii. 20; Dion Cass, xliii. 50; xliv. 
 149.) The last who extended the pomoerium of 
 iRome was the Emperor Aurelian, after he had en- 
 ;larged the walls of the citv. (Fl. Vopisc. Div. 
 lAurel. 21.) ^ " [L. S.] 
 
 POMPA (iro/iTTT;), a solemn procession, as on 
 Ithe occasion of a funeral, triumph, &c. (Cic. j)ro 
 \MU. 13 ; Suet. .Jul. Cues. 37, <*^c.) It is, how- 
 iever, more particularly applied to the grand 
 Iprocession with which the games of the Circus com- 
 Imenced (Pompa Cirecnsis). [Circus, p. 233.] 
 i POMPEIAE LEGES. [Lex, p. 564.] 
 I PONS. [Bridge.] 
 
 PO'NTIFEX. The origin of this word is ex- 
 Iplaincd in various ways. Q. Scaevola, who was 
 I himself pontifex maximus, derived it from pjssc 
 I and faccn; and Varro from pons, because the pon- 
 tiffs, he says, had built the pons sublicius, and 
 lafterwards frequently restored it, that it might be 
 (possible to perform sacrifices on each side of the 
 iTiber. (Varro, de Ling. Lat. iv. p. 24, &c. Bipont; 
 Dionys. ii. 73.) This statement is, however, con- 
 jtradicted by the triidition which ascribes the build- 
 Img of the pons sublicius to Ancus :\Lartius (Liv. i. 
 133), at a time when the pontiffs had long existed 
 and borne this name. Giittling {Ueseh. d. Rom. 
 \Staatsv. p. 173) thinks that pontifia U onlyanother 
 form for pompi/ca; which would characterise the 
 pontiffs only as the managers and conductors of 
 public processions and solemnities. But it seems 
 Ifar more probable tliat the word is formed from 
 pons and jiteciv (in the signification of the Greek 
 
 pf^fiv, to perform a sacrifice), and that consequently 
 it signifies the priests who offered sacrifices upon 
 the bridge. The ancient sacrifice to which the 
 name thus alludes, is that of the Argeans on the 
 sacred or sublician bridge, which is described by 
 Dionysius (i. 38 ; compare Argei). Greek writers 
 sometimes translate the word, and call the pontiffs 
 yecpvpoTTutoi. 
 
 The Roman pontiffs formed the most illustrious 
 among the great colleges of priests. Their insti- 
 
 1 tution, like that of all important matters of reli- 
 gion, was ascribed to Numa. (Liv. i. 20 ; Dionys. 
 
 i ii. 73.) The number of pontiffs appointed by this 
 king was four (Liv. x. 6), and at their head was 
 the pontifex maximus, who is generally not included 
 
 i when the number of pontiff's is mentioned. Cicero 
 (de Re PiM. ii. 14), however, includes the pontifex 
 
 I maximus when he says that Numa appointed five 
 pontiffs. Niebulir (/7/,s<. of Rome, i. p. 302, &c. ; 
 compare iii. p. 410 ; Liv. x. 6 ; Cic. dc Re PuU. 
 ii. 9) supposes with great probability, that the ori- 
 ginal number of four pontiffs (not including the 
 pontifex maximus) had reference to the two 
 earliest tribes of the Romans, the Ramnes and 
 Titles, so that each tribe was represented by two 
 pontiffs. In the year B. c. 300, the Ogiilnian 
 law raised the number of pontiffs to eight, or, in- 
 cluding the pontifex maxinuis, to nine, and four of 
 them were to be plebeians. (Liv. x. G.) The 
 pontifex maximus, however, continued to be a 
 patrician down to the year B. c. 254, when Tib. 
 Coruncanius was the first plebeian who was invest- 
 ed with this dignity. (Liv. Epit. 18.) This 
 number of pontiff's remained for a long time un- 
 altered, until in 81 B.C. the dictator Sulla increas- 
 ed it to fifteen (Liv. JCpit. 89), and J. Caesar to 
 sixteen. (Dion Cass. xlii. 51.) In both these 
 changes the pontifex maximus is included in the 
 number. During the empire the number varied, 
 though on the whole fifteen appears to have been 
 
 I the regular number. 
 
 The mode of appointing the pontiffs was also 
 
 j different at different times. It ajipears that after 
 their institution by Numa, the college had the 
 
 I right of co-optation, that is, if a member of the col- 
 
 [ lege died (for all the pontiffs held their office for 
 life), the members met and elected a successor, 
 
 ' who after his election was inaugurated by the 
 augurs. (Dionys. ii. 22. 73.) This election was 
 sometimes called captio. (Gellius, i. 12.) In the 
 ye;ir 212 B. c. Livy (xxv.5) speaks of the election 
 
 [of a pontifex maximus in the comitia (probably 
 the comitia tributa) as the ordinary mode of ap- 
 pointing this high-priest. But in relating the 
 
 ' events of the year 181 B.C. he again states that 
 
 I the appointment of the chief pontiff' took place by 
 the-co-optation of the college. (Liv. xl. 42.) How 
 these anomalies arose (unless Livy expresses him- 
 self carelessly) is uncertain (see Giittling, /. e. p. 
 375) ; for, as far as we know, the first attempt to 
 dej)rive the college of its right of co-optation, and to 
 transfer the power of election to the people, was 
 not made until the year B.C. 145, by the tribune 
 C. Licinius Crassus ; but it was frustrated by the 
 praetor C. Laelius. (Cic. de Am. 25; Brut. '21; 
 de Nat. Ucoi: iii. 2.) In 104 B. c. the attempt 
 was successfully repeated by the tribune Cn. 
 Domitius Ahenobarbus ; and a law (LexDomitia) 
 was then passed, which transferred the right of 
 electing the members of the great colleges of priests 
 to the people (probably in the comitia tributa) ; 
 
774 
 
 PONTIFEX. 
 
 PONTIFEX. 
 
 tliat is, the people elected ;i candidate, who was 
 then made a member of the college by the co-opta- 
 tio of the priests themselves, so that the co-optatio, 
 although still necessary, became a mere matter of 
 fonn. ( Cic. de Le(i. Ayr. ii. 7 ; Epist. ad Brut. i. 
 5; Vellei. Pat. ii. 12 ; Sueton. Nero, 2.) The lex 
 Domitia was repealed by Sulla in a lex Cornelia 
 de Sacerdotiis (81 B.C.), which restored to the 
 great priestly colleges their fidl right of co-optatio. 
 (Liv. Bpit. 89 ; Pseudo-Ascon. in Divinat. p. 102. 
 ed. Orelli ; Dion Cass, xxxvii. 37.) In the year 
 63 B. c. the law of Sulla was abolished, and the 
 Domitian law was restored, but not in its full ex- 
 tent ; for it was now determined, that in case of a 
 vacancy the college itself should nominate two 
 candidates, and the people elect one of them. This 
 mode of proceeding is expressly mentioned in re- 
 gard to the appointment of augurs, and was conse- 
 quently the same in that of the pontiffs. (Cic. 
 Philip, ii. 2.) Julius Caesar did not alter this 
 modified lex Domitia, but M. Antonius again re- 
 stored the right of co-optatio to the college. (Dion. 
 Cass. xliv. 53.) 
 
 The college of pontiffs had the supreme superin- 
 tendence of all matters of religion, and of things 
 and persons connected with public as well as pri- 
 vate worship. A general outline of their rights 
 and functions is given by Livy (i. 20) and Diony- 
 sius (ii. 73). This power is said to have been 
 given to them by Numa ; and he also entrusted to 
 their keeping the books containing the ritual or- 
 dinances, together with the obligation to give in- 
 formation to any one who might consult them on 
 matters of religion. They had to guard against 
 any irregularity in the observance of religious rites 
 that might arise from a neglect of the ancient 
 customs, or from the introduction of foreign rites. 
 They had not only to determine in what manner 
 the heavenly gods should be worshipped, but also 
 the proper form of burials, and how the souls of the 
 departed (manes) were to be appeased ; in like 
 manner what signs either in lightning or other 
 phenomena were to be received and attended to. 
 They had the judicial decision in all matters of re- 
 ligion, whether private persons, magistrates, or 
 priests were concerned, and in cases where the ex- 
 isting laws or customs were found defective or in- 
 sufficient, they made new laws and regulations 
 {decrda pontificum) in which they always followed 
 their own judgment as to what was consistent 
 with the existing customs and usages. (Cell. ii. 
 28 ; X. 1.5.) They watched over the conduct of 
 all persons who had anything to do with the 
 sacrifices or the worship of the gods, that is, over 
 all the priests and their servants. The forms of 
 worship and of sacrificing were determined by the 
 pontiffs, and whoever refused to obey their injunc- 
 tions was punished by them, for they were " rerum 
 cjuae ad sacra et religiones pertinent, judices et 
 vindices." (Fest. .i. v.Maximus pontifcce ; compare 
 Cic. de Leyfj. ii. 8. 12.) The pontiffs themselves 
 were not subject to any court of law or punish- 
 ment, and were not responsible either to the senate 
 or to the people. The details of these duties and 
 functions were contained in books called libri 
 pontificii or pontificales, commentarii sacrorum or 
 sacrorum pontificalium (Fest. s. v. Aliuta and 
 Occi^uin), which tliey were said to have received 
 from Numa, and which were sanctioned by Ancus 
 Marlins. This king is siiid to have made public 
 that piu't of these regulations which had reference 
 
 i to the sacra publica (Liv. i. 32) ; and when at the 
 I commencement of the republic the wooden tables 
 I on which these published regulations were written 
 had fallen into decay, they were restored by the 
 pontifex maximus C. Papirius. (Dionys. iii. 36.) 
 One part of these libri pontificales was called Indi- 
 gitamenta, and contained the names of the gods as 
 well as the manner in which these names were to 
 be used in public worship. (Serv. ad Virij. Georij. 
 
 i. 21.) A second part must have contained the 
 formulas of the jus pontificium. (Cic. de Re Publ. 
 
 ii. 31.) The original laws and regulations con- 
 tained in these books were in the course of time 
 increased and more accurately defined by the de- 
 crees of the pontiffs, whence perhaps their name 
 commentarii. (Plin. H. N. xviii. 3 ; Liv. iv. 3 ; 
 Cic. Brut. 14.) Another tradition concerning these 
 books stated that Numa communicated to the 
 pontiff's their duties and rights merely by word of 
 mouth, and that he had buried the books in a 
 stone chest on the Janiculum. (Plut. Num. 22; 
 Plin. H. N. xiii. 27 ; Val. Max. i. i. 12 ; August. 
 de Civit. Dei, vii. 34.) These books were found 
 in 181 B. c, and one half of them contained ritual 
 regulations and the jus pontificium, and the other 
 
 j half philosophical enquiries on these same subjects, 
 i and were written in the Greek language. The 
 books were brought to the praetor urbanus Q. 
 Petilius, and the senate ordered the latter half to 
 be burnt, while the former was carefully preserved. 
 Respecting the nature and authenticity of this 
 story, see Hartung, Die Relig. d. R'tim. i. p. 214, 
 &c. Concerning the annales maxirai which were 
 kept by the pontifex maximus, and to which Livy 
 (vi. 1) applies the name commentarii pontificum, 
 see Annale.s. 
 
 As to the rights and duties of the pontiffs, it must 
 first of all be borne in mind that the pontiffs were 
 not priests of anj- particular divinity, but a college 
 which stood above all other priests, and superin- 
 tended the whole external worship of the gods. 
 (Cic. de Legg. ii. 8.) One of their principal duties 
 was the regulation of the sacra both publica and 
 privata, and to watch that they were observed at 
 the proper times (^for which purpose the pontiffs had 
 the whole regulation of the calendar, see Calen- 
 dar, p. 180, &c.), and in their proper form. In 
 the management of the sacra publica they were in 
 later times assisted in certain performances by the 
 triimiviri epulones [Epulones], and had in their 
 keeping the funds from which the expences of the 
 sacra jniblica were defrayed. [Sacra.] 
 
 The pontiffs convoked the assembly of the curies 
 (comitia calata or curiata) in cases where priests 
 were to be appointed, and flamines or rex sacrorum 
 were to be inaugurated ; also when wiUs were to be 
 received, and when a detestatio sacrorum and 
 adoption by adrogatio took place. (GcU. v. 19; 
 XV. 27 ; Adoptio.) Whether the presence of the 
 pontiffs together with that of the augurs and two 
 flamines was necessary in the comitia curiata also 
 in cases when other matters were transacted, as 
 Niebuhr thinks (i. p. 342 ; ii. p. 223), does not 
 appear to be quite certain. The curious circum- 
 stance that on one occasion the pontifex maximus 
 was commanded by the senate to preside at the 
 election of tribunes of the people, is explained by 
 Niebuhr (ii. p. 359, &;c.). 
 
 As reg-ards the jurisdiction of the pontiffs, 
 magistrates and priests as well as private individ- 
 uals were bound to submit to their sentence, pro- 
 
PONTIFEX. 
 
 PONTIFEX. 
 
 775 
 
 vided it had the sanction of three members of the 
 Icollege. (Cic. de Harussp. Itc.sp. 6.) In most cases 
 ithe sentence of the pontiffs only inflicted a fine 
 iupon the offenders (Cic. Philip, xi. 8 ; Liv. xxxvii. 
 '51 ; xl. 42), but the person fined had a right to 
 (appeal to the people, who might release him from 
 [the fine. In regard to the Vesud virgins and the 
 'persons wha connnitted incest with them, the 
 [pontiffs had criminal jnrisdiction and might pro- 
 ^nounce the sentence of death. (Diunys. ix. 40 ; 
 ILiv. xxii. 57 ; Fest. s. v. I'ruliruin.) A man who 
 had violated a Vestal virgin was according to an 
 I ancient law scourged to death by the pontifex 
 iinaximus in the comitium, and it appears tliat 
 I originally neither the Vestal virgins nor the male 
 olfenders in such a case had any right of appeal. 
 ■Giittling (p. 185) considers that they had the 
 right of appeal, but tlie passage of Cicero (de Re 
 U'lM. ii. 31 ) to which he refers, does not support 
 his opinion. Incest in general belonged to the 
 ljurisdiction of the pontiffs, and might be punished 
 jwith death. (Cic. de Legrj. ii. 19.) In later times 
 Hve find that even in the case of the pontiffs having 
 passed sentence upon Vestal virgins, a tribune in- 
 terfered and induced the people to appoint a 
 i|uacstor for the purpose of making a fresh inquiry 
 into the case ; and it sometimes happened that 
 ■I Iter this new trial the sentence of the pontiffs 
 was modified or annulled. (Ascon. ad Miluii. p. 
 4(1. cd. Orelli.) Such cases, however, seem to have 
 bi en mere irregidarities founded upon an abuse of 
 the tribunitian power. In the early times the 
 ])ontifts were in the exclusive possession of the 
 civil as well as religious law, until the former was 
 made public by C. Flavius. [Actio, p. 7.] The 
 i regulations which served as a guide to the pontiffs 
 : in their judicial proceedings, formed a large coUec- 
 ftion of laws, which was called the jus pontificium, 
 • and formed part of the libri pontificii. (Cic. de 
 i Oral. i. 43 ; iii. 33 ; pro Dumo, 13 ; compare Ju.s, 
 I p. 539, &c.) The new decrees which the pontiffs 
 i made either on the proposal of the senate, or in 
 I cases belonging to the sacra privata, or that of pri- 
 l vate individuiils, were, as Livy (xxxix. 16) says, 
 I innumerable. (Compare Cic. de Leyy.vi. 23; Ma- 
 crob. Sat. iii. 3 ; Dionys. ii. 73.) 
 
 The meetings of the college of pontiffs, to which 
 in some instances the flamines and the rex sa- 
 crorum were summoned (Cic. de Hurusp. Resp. 6), 
 were held in the curia regia on the via Sacra, to 
 which was attached the residence of the pontifex 
 maximus and of the rex sacrorum. (Suet. Cues. 46; 
 Serv. ad Acn. viii. 363 ; Plin. Epist. iv. 11.) As 
 the chief pontiff was obliged to live in a domus 
 publica, Augustus, when he assumed this dignity, 
 changed part of his own house into a domus pub- 
 lica. (Dion Cass. liv. 27.) All the pontiffs were 
 I in their appearance distinguished by the conic cap 
 called tutulus or galerus, with an apex upon it, and 
 t the toga praetcxta. 
 
 The pontifex mnximus was the president of the 
 college and acted in its name, whence he alone is 
 frequently mentioned in cases in which he must be 
 considered only as the organ of the college. He 
 was generally chosen from among the most dis- 
 tinguished persons, and such as had held a curule 
 magistracy, or were already members of the col- 
 lege. (Liv. XXXV. 5 ; xl. 42.) Two of his especial 
 duties were to appoint (capere) the vestal virgins 
 and the flamines [Vestales ; Flamen], and to 
 be present at every marriage by confarreatio. 
 
 When festive games were vowed or a dedication 
 made, the chief pontiff had to repeat over before 
 the persons who made the vow or the dedication, 
 the fonnula in which it was to be performed 
 (praeire verba, Liv. v. 40 ; ix. 46 ; iv. 27). 
 During the period of the republic, when the people 
 exercised sovereign power in every respect, we 
 find that if the pontiff on constitutional or re- 
 ligious grounds refused to perform this solemnity, 
 he might be compelled by tlie people. 
 
 A pontifex might, like all the members of the 
 great priestly colleges, hold any other military, 
 civd or priestly office, provided the different oflices 
 did not interfere with one another. Thus we find 
 one and the same person being pontiff, augur, and 
 decemvir sacrorum (Liv. xl. 42); instances of a 
 pontifex maximus being at the same time consul, 
 are verj' numerous. (Liv. xxviii. 38 ; Cic. De 
 Harusp. Resp. 6 ; compare Ambrosch, Sludien und 
 Aiideulungen, p. 229. note 105.) But whatever 
 might be the civil or military office which a ponti- 
 fex maximus held beside his pontificate, he was 
 not allowed to leave Italy. The first who violated 
 this law was P. Licinius Crassus, in B.C. 131 
 (Liv. Epit. lib. 59 ; Val. Max. viii. 7. 6 ; Oros. 
 V. 10) ; but after this precedent, pontiffs seem to 
 have frequently transgressed the law, and Caesar, 
 though pontifex maximus, went to his province of 
 Gaul. 
 
 The college of pontiffs continued to exist until 
 the overthrow of paganism (Arnob. iv. 35 ; Sym- 
 mach. Epit. ix. 128, 129) ; but its power and in- 
 fluence were considerably weakened as the em- 
 perors, according to the example of J. Caesar, had 
 the right to appoint as many members of the great 
 colleges of priests as they pleased. (Dion. Cass, 
 xlii. 51; xliii. 51; li. 20; liii. 17; Suet. Caes. 
 31.) In addition to this, the emperors themselves 
 were always chief pontiffs, and as such the presi- 
 dents of the college ; hence the title of pontifex 
 maximus (P. M. or PON. M.) appears on several 
 coins of the emperors. If there were several em- 
 perors at a time, only one bore the title of pontifex 
 maxinnis ; but in the year A. D. 238, we find that 
 each of the two emperors Maximus and Balbinus 
 assumed this dignity. (Capitol. Maj-im. et Balb. 
 8.) The last traces of emperors being at the 
 same time chief pontiffs, are found in inscriptions 
 of Valentinian, Valens, and Gratianus. (Orelli, 
 Inscrijit. n. 1117, 1118.) From the time of 
 Theodosius the emperors no longer appear in the 
 dignity of pontiff' ; but at last the title was as- 
 sumed by the Christian bishop of Rome. 
 
 There were otlier pontiff's at Rome who were 
 distinguished by the epithet minores. Various 
 opinions have been entertained as to what these 
 : pontifices minores were. Niebuhr (i. p. 302. n. 
 ! 775) thinks that they were originally the pontiffs 
 of the Luceres ; that they stood in the same re- 
 lation to the other pontiifs as the patres minorum 
 gentium to the patres niajorum gentium ; and that 
 subsequently, when the meaning of the name was 
 , forgotten, it was applied to the secretaries of tlie 
 great college of pontiff's. In another passage (iii. 
 p. 411) Niebuhr himself demonstrates that the 
 Luceres were never represented in the college of 
 pontiffs, and his earlier supposition is contradicted 
 j by all the statements of ancient writers who men- 
 tion the pontifices minores. Livy (xxii. 57 ; 
 j compare Jul. Capitol. Opil. Macrin. 7 ), in speak- 
 I ing of the secretaries of the college of pontiifs, 
 
77H nopisTAi'. 
 
 adds, " quos nunc minores poiitilices appellant ;" 
 from which it is evident that tlie name pontifices 
 minores was of later introduction, and that it was 
 given to persons who originally had no claims to it, 
 that is, to the secretaries of the pontiffs. The 
 only natural solution of the question seems to be 
 this. At the time when the real pontiifs began to 
 neglect their duties, and to leave the principal 
 business to be done by their secretaries, it became 
 customary to designate these scribes by the name 
 of pontifices minores. Macrobius {Sat. i. 15), in 
 speaking of minor pontifl's previous to the time of 
 Cn. Flavins, makes an anachronism, as he transfers 
 a name customary in his own days to a tune 
 when it could not possibly exist. The number of 
 these secretaries is uncertain ; Cicero {Dc Harusp. 
 Resj). 0) mentions the names of three minor pontitt's. 
 The name cannot have been used long before the 
 end of the republic, when even chief pontiffs began 
 to show a disregard for their sacred duties, as in 
 the case of P. Licinius Crassus and Julius Caesar. 
 Another proof of their falling off in comparison 
 with former days, is that about the same time the 
 good and luxurious living of the pontiffs became 
 proverbial at Rome. (Horat. Cann. ii. 14. 20, 
 &c. ; Mart. xii. 48. 12; Macrob. Sat. ii. 9.) 
 
 [L. S.] 
 
 PONTIKI'CIUM JUS. [Ji s, p. 539, 540.] 
 PONTIFICA'LES LUDI. [Ludi Pontifi- 
 
 CALES.] 
 
 PONTO, a pontoon, was a vessel used for trans- 
 porting troops across rivers. We are told that it 
 was a kind of Gallic vessel ; but we have no further 
 particulars respecting it. (Cacs. Bell. Civ. iii. 29 ; 
 Gell. X. 25.) 
 
 POPA. [Sacrificium.] 
 
 POPI'NA. rCAuroNA, p. 209.] 
 
 POPULA'RIA. [Amfhitheatbum, p. 43.] 
 
 PO'PULUS. [Patricii.] 
 
 POPULIFU'GIA or POPLIFU'GIA, the 
 day of the people's flight, was celebrated on the 
 Nones of July, according to an ancient tradition 
 preserved by Varro {iJc Limj. Lid. vi. 18. ed. 
 IMiillcr), in commemoration of the flight of the 
 pfiiplf, when the inhabitants of Ficulca, Fidenae, 
 and other places round about, appeared in arms 
 against Rome shortly after the departure of the 
 Gauls, and produced such a panic that the Romans 
 suddenly fled before them. Macrobius {Saturn. 
 iii. 2), however, says that the Pcqiulifiigia was cele- 
 brated in commemoration of the flight of the people 
 before the Tuscans, while Dionysius (ii. 7(i) refers 
 its origin to the flight of the people on the death of 
 Romulus. Niebuhr [Hist, of Home, ii. p. 573) 
 seems disposed to accept the tradition preserved 
 by Varro ; but the different accounts of its origin 
 given by Macrobius and Dionysius render the story 
 uncertain. (Compare Arnold, Hist, of Rome, ii. 
 p. 10.) 
 
 nO'PNAI. ['ETAI'PAI.] 
 
 nOPNIKO'N TE'AOS, nOPNOTEAn'NAI. 
 ['ETAIPAI, p. 480.] 
 
 riOPISTAl', were magistrates at Athens, who 
 probably levied the extraordinary supplies. (IIo- 
 piarai ilariv dpxv Tts'Aii^vipiv, "itis irdpovs efj/rei, 
 Bekker, A nee. p. 294. 19.) Antij)hon [De aior. 
 p. 791. Reiske) classes them with the Poletae and 
 Practores ; and Demosthenes [I'liitijy. i. p. 49. 15) \ 
 joins Tav XPVF-^'^'^'' "raixiai koI TropiaTai, from 
 which it would appear that tliey were public I 
 officers in his time, although the words do not ' 
 
 PORTA. 
 
 necessarily prove this. (Bijckh, FuU. Econ. of 
 At/wns, i. p. 223.) 
 
 no'PnH. [Fibula.] 
 
 PORTA (ttuXij, dim. TrvKii), the gate of a city, 
 citadel, or other open space inclosed by a wall, in 
 contradistinction to Janua, which was the door of 
 a house or any covered edifice. The terms porta 
 and ttvAt] are often found in the plural, even when 
 applied to a single gate, because it consisted of 
 two leaves. (Thucyd. ii. 4 ; Virg. Aen. ii. 330.) 
 
 The gates of a city were of course various in 
 their number and position. The ancient walls of 
 Paestum, Sepianum, and Aosta, still remain and 
 inclose a square : the centre of each of the four 
 walls was a gate. If, instead of being situated on 
 a plain, a city was built on the summit of a pre- 
 cipitous hill, there was a gate on the sloping de- 
 clivity which afforded the easiest access. If, in 
 consequence of the unevenness of the ground, the 
 fonn of the walls was irregular, the number and 
 situation of the gates varied according to the cir- 
 cumstances. Thus Megara had 5 gates (Rein- 
 ganura, Me(/aris, p. 125, 12()) ; Thebes, in Boeotia, 
 had 7 ; Athens had 8 (Ersch u. Gruber, Ericyi: 
 s. V. Attica, p. 240, 241 ) ; and Rome 20, or per- 
 haps even more. 
 
 The jambs of the gate were surmounted, 1. by a 
 lintel, which was large and strong in proportion to 
 the width of the gate. The lintel of the centre 
 gate leading into the Athenian Acropolis, is 17 
 feet long. 2. by an arch, as we see exemplified 
 at Pompeii, Paestum, Sepianum, Volterra, Autun, 
 Bezancon, and Treves. 3. At Arpinum, one of 
 the gates now remaining is arched, whilst another 
 is constructed with the stones projecting one be- 
 yond another, after the manner represented in the 
 wood-cut, at p. 76. (Keppel Craven, Eacursions in 
 the Ahruzzi, vol. 1. p. 108.) 
 
 At Como, Verona, and other ancient cities of 
 Lombardy, the gate contains two passages close to- 
 gether, the one designed for carriages entering, and 
 the other for carriages leaving the city. The 
 same provision is observed in the magnificent ruin 
 of a gate at Treves. (See the following wood-cut, 
 showing a view of it, together with its plan.) In 
 other instances we find only one gate for carriages, 
 but a smaller one on each side of it (Ttapa-nvKis, 
 lleliodor. viii. p. 394) for foot-passengers. (See 
 the plan of the gate of Pompeii, p. 207.) Each of 
 the fine gates which remain at Autun has not 
 only two carriage-ways, but exterior to them two 
 sideways for pedestrians. (Millin, Voyage dans 
 les Departemens, &c. tom. i. ch. 22. Atlas, PI. 18. 
 Figs. 3, 4.) When there were no sideways, one 
 of the valves of the large gate sometimes containeJ 
 a wicket {piortula, irvK'is : pivoirvKT]), large enough 
 to admit a single person. The porter opened it 
 when any one wished to go in or out by night. 
 (Polyb. viii. 20. 24 ; Livy, xxv. 9.) 
 
 The contrivances for fastening gates were in 
 general the same as those used for doors [Ja- 
 nua], but larger in proportion. The wooden Iwi 
 placed across them in the inside (fxoxAos) was kept 
 in its position by the following method. A hok'. 
 passing through it perpendicularly (/3aAaco5oK7). 
 Aen. Tad. 18), admitted a cylindrical piece of iron, 
 called fidXavos, which also entered a hole in the 
 gate, so tliat, until it was taken out, the bar could 
 not be removed cither to the one side or the other. 
 (Thucyd. ii. 4; Aristoph. Vesj). 200 ; ^iSaXdvonai, 
 Arcs, 1 159.) Another piece of iron, fitted to the 
 
PORTA. 
 
 piXavos and called PaKavdypa, was used to ex- 
 tract it. (Aen. Tad. I.e.) When the besiegers, tor 
 want of this key, the fiaKavdypa, were unable to 
 remove the bar, thcv cut it through with a hatchet 
 (Thucyd. iv. Ill ; "Polyb. viii. 23, 24), or set it 
 on fire. (Aen. Tact. 19.) 
 
 The gateway had commonly a chamber, either 
 on one side or on both, which served as the resi- 
 dence of the porter or guard. It was called iruXuv 
 (Polyb. viii. 20, 23, 24). Its situation is shown 
 in the following plan. (See wood-cut.) But the 
 gateway was also, in many cases, surmounted by a 
 tower, adapted either for defence {portis iurres im- 
 posuU, Caes. B. G. viii. 9 ; Virg. Aen. vi. 5.52— 
 .554) or for conducting the general business of go- 
 vernment. In the gates of Como and Verona this 
 edifice is 3 stories high. At Treves it was 4 
 stories high in the Hanks, although the 4 stories 
 remain standing in one of them only, as may be 
 observed in the amiexed wood-cut. The length 
 
 PORTICUS. 
 
 777 
 
 of this building is 115 feet ; its depth 47 in the 
 middle, G7 in the flanks ; its greatest height, 92. 
 All the 4 stories are ornamented in every direc- 
 tion with rows of Tuscan columns. The gateways 
 are each 14 feet wide. The entrance of each ap- 
 pears to have been guarded, as at Pompeii (see 
 p. 207), first by a portcullis, and then by gates of 
 wood and iron. The barbican, between the double 
 portcullis and the pair of gates, was no doubt 
 open to the sky, as in the gates of Pompeii. This 
 edifice was probably erected by Constantino. 
 ( Wyttenbach's Roman Ant. of Treves, p. 9 — 39.) 
 Its rows of ornamental windows and the general 
 style of its architecture, afford sufficient indica- 
 tions, that although very strong, it was not intended 
 solely, nor princip;dly, for the purposes of defence, 
 but to be applied in time of peace to the various 
 objects of civil government. To these latter pur- 
 |)uses the gate-house (iruAwj') was commonly de- 
 vnted, more especially in eastern countries. Hence 
 Polybius (xv. 29) calls a building at Alexandria 
 
 Tov xfyqjMTiariKov irvKwva Tuv 0a<nKeiwv, i. e. 
 " the gate-house of the palace, used for the trans- 
 action of public business." In the Old Tes- 
 tament the references to this custom are very fre- 
 quent. By metonomy " the gates" meant those 
 who administered justice at the gates and wielded 
 the powers of goveniment. (Hem. II. ix. 312 ; 
 Matt. xvi. 18.) 
 
 Statues of the gods were often placed near the 
 gate, or even within it in the barbican, so as to be 
 ready to receive the adoration of tliose who en- 
 tered the city. (Pans. iv. 33. § 4 ; Lucret. i. 
 314 ; Acts xiv. 13.) The probable position of the 
 statue was the point S in the above plan. The 
 gate was sometimes much ornamented. Sculp- 
 tured elephants, for example, were placed upon the 
 Porta Aurea at Constantinople. [J. Y.] 
 
 PO'RTICUS ((TToa), a walk covered with a 
 roof, which is supported by columns, at least on 
 one side. A porticus was either attached to 
 temples and other public buildings, or it was built 
 independent of any other edifice. Such shaded 
 walks and places of resort are almost indispensable 
 in the southern countries of Europe, where people 
 live much in the open air, as a protection from the 
 heat of the sun and from rain. This was the case 
 in ancient times to a much greater extent than at 
 present. The porticos attached to the temples 
 were either constnicted only in front of them, or 
 went round the whole building, as is the case in 
 the so-called Temple of Theseus at Athens. They 
 were originally intended as places for those per- 
 sons to assemble and converse in who visited the 
 temple for various purposes. As such temple- 
 porticoes, however, were found too small or not 
 suited for the various purposes of private and pub- 
 lic life, most Grecian towns had independent 
 porticoes, some of which were very extensive ; and 
 as the Greeks, in all their public works, soon went 
 beyond the limits of mere utility, these public 
 walks were not only built in the most magnificent 
 style, but were adorned with pictures and statues 
 by the best masters. Of this kind were the 
 poecUe and (nod. PaaiXeios at Athens (Athen. 
 xiii. p. 577 ; Paus. i. 3. § 1, &c.), and the o^roa 
 nepa-iKrj at Sparta. (Paus. iii. 11. § 3.) The 
 Skias at Sparta, where the popular assemblies 
 were held, seems to have been a building of the 
 same kind. (Paus. iii. 12. § 8.) In most of 
 these stoae, seats {crcdrae) were placed, that those 
 who were tired might sit down. Tliey were fre- 
 quented not only by idle loungers, but also by 
 philosophers, rhetoricians, and other persons fond 
 of intellectual conversation. The Stoic school of 
 philosophy derived its name from the circumstance, 
 that the founder of it used to converse with his 
 disciples in a stoa. The Romans derived their 
 great fondness for such covered walks from the 
 Greeks ; and as luxuries among them were carried 
 in everything to a greater extent than in Greece, 
 wealthy Romans had their private porticoes, some- 
 times in the city itself, and sometimes in their 
 country-seats. In the public porticoes of Rome, 
 which were exceedingly numerous and very ex- 
 tensive (as that around the Forum and the Campus 
 Martins), a variety of business was occasionally 
 transacted : we find that law-suits were conducted 
 here, meetings of the senate held, goods exhibited 
 for sale, &c. (See Pitiscus, Leoncon, s. v. Porticus, 
 who has given a complete list of all the porticoes 
 of Rome.) [L. S.] 
 
778 
 
 PORTORIUM. 
 
 n02EIAn'NIA. 
 
 PORTI'SCULUS (Ke\6u(rT7is), an officer in a 
 ship, who gave the signal to the rowers, that they 
 might keep time in rowing. The same name was 
 also given to the pole or hammer, by the striking 
 of which he regulated the motion of the oars. (Fes- 
 tus, s. D.) The duties of this officer are thus 
 described by Silius Italicus (vi. 360, &c.) : — 
 " Mediae stat margine puppis, 
 
 Qui voce alternos nautarum temperet ictus, 
 
 Et rerais dictet sonitum, pariterque relatis 
 
 Ad sonitum plaudat resonantia caerula tonsis." 
 
 This officer is sometimes called Hortator (Ovid, 
 Met.'-m. 618; Plant. ATerc iv. 2. 5; Virg. ^e?i, 
 iii. 128) or Pausabiu.s. (Compare Blomfield, ad 
 Aesch. Pcrs. 403.) 
 
 PORTITO'RES. [PuBLicANi.] 
 
 PORTO'RIUM was one branch of the regular 
 revenues of the Roman state, consisting of the 
 duties paid on imported and exported goods : 
 sometimes, however, the name portorium is also 
 applied to the duties raised upon goods for being 
 carried through a country or over bridges. (Plin. 
 H.N. xii. 31 ; Sueton. Vitell. 14.) A portorium, 
 or duty upon imported goods, appears to have 
 been paid at a very early period, for it is said that 
 Valerius Publicola exempted the plebes from the 
 portoria at the time when the republic was threat- 
 ened with an invasion by Porsenna. (Li v. ii. 9; 
 compare Dionys. v. 22.) The time of its intro- 
 duction is uncertain ; but the abolition of it as- 
 cribed to Publicola can only have been a temporary 
 measure ; and as the expenditure of the republic 
 increased, new portoria must have been intro- 
 duced. Thus the censors M. Aemilius Lepidus 
 and M. Fulvius Nobilior instituted portoria et vec- 
 iigalia nmlta (Liv. xl. 51), and C. Gracchus again 
 increased the number of articles which had to pay 
 portoria. (Vellei. Pat. ii. 6.) In conquered places 
 and in the provinces the import and export duties, 
 which had been paid there before, were generally 
 not only retained, but increased, and appropriated 
 to the aerarium. Tims wc read of portoria being 
 paid at Capua and Puteoli on goods which were 
 imported by merchants. (Liv. xxxii. 7.) Sicily, 
 and above aU, Asia furnished to the Roman trea- 
 sury large sums which were raised as portoria. 
 (Cic. c. Verr. ii. 7t> ; pro leg. Manil. 6.) In some 
 cases, however, the Romans allowed a subject 
 nation, as a particular favour, to raise for them- 
 selves whatever portoria they pleased in their 
 ports, and only stipulated that Roman citizens 
 and socii Latini should be exempted from them. 
 (Liv. xxxviii. 44 ; Gruter, Iiiscript. p. 500.) In 
 the year 60 B. c. all the portoria in the ports of 
 Italy were done away with, by a lex Caecilia 
 carried by the praetor Q. Metelhis Nepos. (Dion 
 Cass, xxxvii. 51 ; Cic. ad Ati. ii. 16.) It appears, 
 however, that the cause of this abolition was not 
 any complaint by the people of the tax itself, but 
 of the portitores, i. e. the persons who collected it, 
 and who greatlj' annoyed the merchants by their 
 unfair conduct and various vexations. [Publi- 
 CANi.] Thus the republic for a time only levied 
 import and export duties in the provinces, until 
 J. Caesar restored the duties on commodities im- 
 ported from foreign countries. (Suet. Cues. 43.) 
 During the last triumvirate new portoria were in- 
 troduced (Dion Cass, xlviii. 34), and Augustus 
 partly increased the old import duties and partly 
 instituted new ones. The subsequent emperors 
 increased or diminished this branch of the 
 
 revenue as necessity required, or as their own dis- 
 cretion dictated' 
 
 As regards the articles subject to an import 
 duty, it may be stated in general terms, that all 
 commodities, including slaves, which were im- 
 ported by merchants for the purpose of selling 
 them again, were subject to the portorium ; 
 whereas things which a person brought with him 
 for his own use, were exempted from it. A long 
 list of such taxable articles is given in the Digest 
 (39. tit. 4. s. 16 ; compare Cic. c. Verr. ii. 72. 74). 
 Many things, however, which belonged more to 
 the luxuries than to the necessaries of life, such as 
 eunuchs and handsome youths, had to pay an 
 import duty, even though they were imported by 
 persons for their own use. (Suet. De dar. Rhei. 
 
 1 ; Cod. 4. tit. 42. s. 2.) Things which were im- 
 ported for the use of the state were also exempt 
 from the portorium. But the governors of pro- 
 vinces (praesides), when they sent persons to pur- 
 chase things for the use of the public, had to write 
 a list of such things for the publicani (portitores) 
 to enable the latter to see whether more things 
 were imported than what were ordered (Dig. 39. 
 tit. 4. s. 4.) ; for the practice of smuggling appears 
 to have been as common among the Romans as ii^ 
 modern times. Respecting the right of the porti- 
 tores to search travellers and merchants, see Pub- 
 licani. Such goods as were duly stated to the 
 portitores were called scripta, and those which 
 were not, inscripta. If goods subject to a duty 
 were concealed, they were, on their discovery, con- 
 fiscated. (Dig. 39. tit. 4. s. 16.) 
 
 Respecting the amount of the import or export 
 duties we have but very few statements in the 
 ancient writers. In the time of Cicero the por- 
 torium in the ports of Sicily was one-twentieth 
 (vicesima) of the value of taxable articles (Cic. 
 c. Vei-r. ii. 75) ; and as this was the customary 
 rate in Greece (Bockh, Staatsh. i. p. 348), it is 
 probable that this was the average sum raised in 
 all the other provinces. In the times of the em- 
 perors the ordinary rate of the portorium appears 
 to have been the fortieth part {qiiadrafiesimfx) of 
 the value of imported goods. (Suet. Vespas. 1 ; 
 Quintil. Dedam. 359 ; Symmach. Epist. v. 62. 65.) 
 At a late period the exorbitant sum of one-eighth 
 {odava. Cod. 4. tit. 61. s. 7) is mentioned as the 
 ordinary import duty ; but it is uncertain whether 
 this is the duty for all articles of commerce, or 
 merely for certain things. 
 
 The portorium was, like all other vectigalia, 
 fanned out by the censors to the publicani, who 
 collected it through the portitores. [Vectigalia ; 
 Publicani.] (Burmann, De Vectigalihus Populi 
 Rom. p. 50 — 77 ; R. Bosse, Gnindzuge des Fivanz- 
 K-esens im R'6m, Siaat, Braunschweigh, 1803, 
 
 2 vols. ; Hegcvvish, Versuch uher die Rom. Fi- 
 iianzen, Altona, 1804.) [L. S.] 
 
 PGRTUMNA'LIA, or PORTUNA'LIA, a 
 festival celebrated in honour of Portumnus, or 
 Portunus, the god of harbours. (Varro, De Ling. 
 Lot. vii. 19. ed. Muller.) It was celebrated on the 
 17th day before the Calends of September. {Calen- 
 dar ium MaJJ'.) 
 
 POSCA, vinegar mixed with water, was the 
 common drink of the lower orders among the 
 Romans, as of soldiers when on service (Spart. 
 Hadr. 10), slaves (Plaut. Mil. iii. 2. 23). &c. 
 
 nOSEIAfl'NIA, a festival held every year in 
 Aeginain honour of Poseidon. (Athen. xiii. p. 588.) 
 
POSSESSIO. 
 
 t seems to have been celebrated by all the in- 
 abitaiits of the island, as Atlienaeus (xiii. p. 590) 
 alls it a pani'gyris, and mentions that during one 
 'elebratiou Pliiyno, the celebrated hetaera, walked 
 uiked into the sea in the presence of the assem- 
 ■iled Greeks. The festival is also mentioned by 
 ^'heodoretus {T/ierajj. 7), but no particulars are 
 |;no\vn. [L. S.] 
 
 i POSSE'SSIO. Paulus (Dig. 41. tit. 2. s. 1) 
 j'bscrves, " Possessio appellata est, ut et Labeo 
 kit, a pedibus,* quasi positio : quia naturaliter 
 fenetur ab eo qui insistit." The absurdity of the 
 '■tyraology and of the reason are equal. The ele- 
 'uents of Possidere are cither jiui (pot-is), and 
 rdrre ; or the hrst part of the word is related to 
 7"',/, and the cognate Greek form of ttotI (irpSs). 
 
 I'ossessio, in its primary sense, is the condition 
 >r power by virtue of which a man has such a 
 nastery over a corporeal thing as to deal with it 
 it his pleasure and to exclude other persons from j 
 IK ildling with it. This condition or power is De- 
 ' ution, and it Lies at the bottom of all legal senses 
 >t the word Possession. This Possession is no 
 li ;^a! state or condition, but it may be the source 
 il riyhts, and it then becomes Possessio in a juris- 
 mal or legal sense. Still even in this sense, it is 
 II' it in any way to be confotmded with Property 
 , i idprietas). A man may have the juristical pos- 
 ^o>sii)n of a thing without being the proprietor, 
 1 aid a man may be the proprietor of a thing with- 
 'out having the juristical possession of it and 
 consequently without having the Detention of 
 it. (Dig. 41. tit. 2. s. 12.) Ownership is the 
 llegal capacity to operate on a thing according to a 
 iman's pleasure and to exclude everybody else from 
 •doing so. Possession, in the sense of Detention, 
 lis the actual exercise of such a power as the owner 
 ihas a right to exercise. 
 
 \ Detention becomes juristical possession and the 
 •foundation of cerUiin rights, when the Detainer 
 ill IS the intention (animus) to deal with the thing 
 .as his own. If he deal with it as the property of 
 lanother, as exercising over it the rights of another, 
 'he is not said " possidere" in a juristical sense ; 
 but he is said " alieno nomine possidere." This 
 lis the case with the Conunodatarius and with him 
 |who holds a deposit. (Dig. 41. tit. 2. s. 18. 30.) 
 
 When the Detention is made a juristical Pos- 
 : sessio by virtue of the animus, it lays the found- 
 lation of a right to the Interdict, and by virtue of 
 ■ Usucapion it becomes ownership. The right to 
 the Interdict is simply founded on a juristical pos- 
 - session, in whatever way it may have originated, ex- 
 cept that it must not have originated illegally with 
 respect to the person against whom the Interdict 
 is claimed. [Interdictum.] Simply by virtue of 
 being possessor, the possessor has a better right 
 than any person who is not possessor. (Dig. 43. 
 tit. 17. s. I, 2.) Usucapion requires not only a 
 juristical possessio, but in its origin it must have 
 been bona fide and founded on a justa causa, that 
 is, there must be nothing illegal in the origin of the 
 I Possessio. [UsuCAPio.] 
 
 I The right which is founded on a juristical pos- 
 sessio is a Jus possessionis, or right of possession, 
 i that is, a right arising from a juristical posses- 
 ; sion. The expression Jus possessionis is used by 
 ' the Roman Jurists. The right to possess, called 
 
 POSSESSIO. 
 
 779 
 
 " Sedibus."— Ed. Flor. 
 
 by modern Jurists, Jus possidendi, belongs to the 
 theory of Ownership. 
 
 All Jm-istical Possessio then, that is, Possessio 
 in the Roman Law, as a source of rights, has 
 reference only to Usucapion and Interdicts ; and 
 all the rules of law which treat Possession as a 
 thing of a juristical nature have no other object 
 than to determine the possibility of Usucapion and 
 of the Interdicts. (Savigny, Das Redd des Besitzes, 
 p. 24, &e.) 
 
 In answer to the question to which class of 
 Rights Possession belongs, Savigny observes (§ 0), 
 — So far as concerns Usucapion, one cannot sup- 
 pose tlie thing to be the subject of a question. No 
 one thinks of asking, to what class of rights a justa 
 causa belongs, without which tradition cannot give 
 ownership. It is no right, but it is a part of the 
 whole transaction by which ownership is acquired. 
 So is it with Possession in respect to Usucapion. 
 
 I'he right to Possessorial Interdicts belongs to 
 the Law of Obligationes ex maleficiis. " The 
 right to possessorial Interdicts then belongs to the 
 Law of Obligationes, and therein possession is only 
 so far considered, as containing the condition 
 without whicli the Interdicts cannot be supposed 
 possible. The Jus Possessionis consequently, that 
 is the right, which mere possession gives, consists 
 simply in the claim which the Possessor has to the 
 Interdicts, as soon as his possession is disturbed in 
 a definite form. Independent of this disturbance, 
 bare possession gives no rights, neither a Jus Obli- 
 gationis, as is self-evident, nor yet a right to the 
 thing, for no dealing with a thing is to be consid- 
 ered as a legal act simply because the person so 
 dealing has the possession of the thing." (Savigny, 
 p. 34.) 
 
 The term Possessio occurs in the Roman jurists 
 in various senses. There is Possessio generally, 
 and Possessio Civilis, and Possessio NaturaUs. 
 
 Possessio denoted originally bare Detention. 
 But this Detention under certain conditions be- 
 comes a legal state, inasmuch as it leads to owner- 
 ship through Usucapion. Accordingly the word 
 Possessio, which required no qualification so long as 
 there was no other notion attached to Possessio, 
 requires such qualification when Detention becomes 
 a legal state. This Detention then when it has 
 the conditions necessary to Usucapion, is called 
 Possessio Civilis ; and all other Possessio as op- 
 posed to Civilis is Naturalis. But Detention may 
 also be the foundation of Interdicts, which notion 
 of possession is always expressed by Possessio 
 simply, and this is the meaning of Possessio, when 
 used alone, and in a technical sense. As opposed 
 to this sense of Possessio all other kinds of Deten- 
 tion are also called Naturalis Possessio, the oppo- 
 sition between the Natural and the Jmistical 
 Possession ( possessio) being here expressed just in 
 the same way as this opposition is denoted in the 
 case of the Civilis Possessio. There is therefore a 
 twofold Juristical Possessio : Possessio Ciciiis or 
 Possession for the purpose of Usucapion, and Pos- 
 sessio or Possession for the pui'pose of the Interdict. 
 It follows that Possessio is included in Possessio 
 Civilis, which only requires more conditions than 
 Possessio. If then a man has Possessio CiviUs, 
 he has also Possessio, that is the right to the In- 
 terdict ; but the converse is not true. Possessio 
 Naturalis, as above observed, has two significa- 
 tion^, but tliey cU'e both negative, and merely ex- 
 press in each case a logiad opposition, that is, they 
 
780 
 
 POSSESSIO. 
 
 POSSESSIO. 
 
 are respectively not Possessio Civilis, or Possessio. 
 The various expressions used to denote bare De- 
 tention are " tenere," " corporaliter possidere," 
 " esse in possessione." 
 
 In the case of a thing being pignorated, the per- 
 son who pledges it has still the possessio ad usu- 
 capioneni, but the pledgee alone has the possessio 
 ad interdicta. It is not a Possessio Civilis which 
 is the foundation of the pledger's title by usu- 
 capion ; but by a special fiction he is considered to 
 have such Possession, and so the case is a special 
 exception to the general rule, " sine possessione 
 usucapio contingere non potest." 
 
 Possessio Justa is every Possessio that is not 
 illegal in its origin, whether such Possessio be 
 mere Detention or Juristical Possessio. The word 
 Justa is here used, not in that acceptation in 
 which it has reference to Jus Civile and is equiv- 
 alent to Civilis or Legitima ; but in another sense, 
 which is more indefinite and means " rightful" 
 generally, that is, nut wrongrful. The creditor who 
 is in possession of a pledge, has a Justa Possessio, 
 but not a Civilis Possessio : he has, however, a 
 Juristical Possessio, that is, I'oiysessio, and con- 
 setpiently a right to the Interdicts. The Missio 
 in Possessionem is tlie foundation of a Justa Pos- 
 sessio, but, as a general rule, not of a Juristical 
 Possessio. Possessio Injusta is the logical opposite 
 of Justa, and in the case of Possessio Injusta there 
 are three special Vitia possessionis, that is when 
 the Possession has originated Vi, Clam or Prccario. 
 (Terentius, Eunuch, ii. 3. Hanc iii mild vel vi, 
 vel clam, vel prccario fac tradas : Dig. 43. tit. 17. 
 s. 1, 2.) 
 
 With respect to the causa Possessionis, there 
 was a legal maxim : Nemo sibi ipse causam pos- 
 sessionis nuitarc potest. This rule is explained by 
 Savigny by means of Gains (ii. 5"2, &ic,) as having 
 reference to the old usucapio pro herede, and the 
 meaning of it was that if a person had once begun 
 to possess for any particular cause, he could not at 
 his pleasure change such Possessio into a Possessio 
 pro herede. (Savigny, p. SU.) 
 
 A Possessor bonae fidci is he who believes that 
 no person has a better right to possess than him- 
 self. A Possessor malae fidei is he who knows 
 that he has no right to possess the thing. (Savigny, 
 p. 84.) 
 
 Besides these various meanings of Possessio, Pos- 
 sessor, Possidere, at the bottom of all which lies 
 the notion of Possession, there are some other 
 meanings. " To have ownership" is sometimes ex- 
 pressed by Possidere, the thing, which is the ob- 
 ject of ownership, is sometimes Possessio, and the 
 owner is Possessor. This use of the word occurs 
 frequently in the Code and Pandect, and also in 
 Cicero, QuintiHan, Horace, and other writers. But 
 it is remai'ked by Savigny that tliese meanings of 
 Possidere, Possessio, (See, always refer to land as 
 their object. 
 
 Possessio also denotes the relation of a defend- 
 ant with respect to a plaintiff. For instance, when 
 ownership is claimed, the demand must be against 
 a person in possession ; but this does not mean 
 that such person must have a juristical possession. 
 In a Vindicatio accordingly the plaintiff is called 
 Petitor, and the defendant is named Possessor, be- 
 cause in fact he has the possession of that which 
 the plaintiff claims. The procedure by the Vindi- 
 catio was also adapted to the case of an hereditas ; 
 and here also the term possessor was applied to 
 
 the defendant. In many cases the possessor was 
 really such, and one object of the hereditatis 
 petitio was to recover single things which the de- 
 fendant possessed pro herede or pro possessore. 
 But tlie tenn possessor was not limited to such 
 cases, for the defendant is called possessor when 
 the petitio is not about a matter of possession. He 
 is called Juris possessor, because he refuses to do 
 something which the heres claims of him, or be- 
 cause he asserts his right to a portion of tlic 
 hereditas. 
 
 The juristical notion of Possession unplies a 
 thing which can be the object of ownership : it 
 also implies that the Possessor can be no other 
 than a person who has a capacity for ownership. 
 
 The notion of possession is such that only one 
 person at a time can possess the whole of a thing 
 ( plures candem rem in solidum possidere non pos- 
 su7tt). When several persons possess a thing in 
 common, so that their possession is mutually limited, 
 each in fact possesses only a definite part of the 
 thing, but does not possess the other parts, and 
 though the division into parts is only ideal, this 
 does not affect the legal consideration of the matter. 
 Persons may also possess the same thing in dif- 
 ferent senses, as in the case of the debtor and his 
 creditor who has received from him a pignus. 
 
 Though tilings incorporeal are not strictly oV 
 jects of possession, yet there is a Juris quasi pos- 
 sessio of them, as for instance in the case of 
 servitutcs {casements). The exercise of a right of 
 this kind is analogous to the possession of a corpo- 
 real thing : in other words, as real possession con- 
 sists in the exercise of ownership, so this kind of 
 possession, which is fashioned from analogy to the 
 other, consists in the exercise of a jus in re or of 
 one of the component parts of ownership. In the 
 case of Possession, it is the thing (corpus) which is 
 possessed, and not the property : by analogy then 
 we should not say that the servitus or the jus in 
 re is possessed. But as in the case of a jus in re 
 there is nothing to which the notion of possession 
 can be attached, while in the case of ownership 
 there is the thing to which we apply the notion of 
 possession, we are compelled to resort to the ex- 
 pression Juris Quasi Possessio, by which nothing 
 more is meant than the exercise of a jus in re, 
 which exercise has the same relation to tlie jus in 
 re, that proper possession has to ownership. (Sa- 
 vigny, p. 16().) 
 
 In order to the acquisition of juristical Possessio, 
 apprehension and animus are necessary. The ap- 
 prehension of a coi-poreal thing is such a dealing 
 with it as empowers the person who intends to 
 acquire the possession to operate on the tiling to 
 the exclusion of all other persons. But actual 
 corporeal contact with the thing is not necessary to 
 apprehension : it is enough if there is some act on 
 the part of the person who intends to acquire pos- 
 session, which gives him the physical capacity to 
 operate on the thing at his pleasure. Thus in the 
 case of a piece of ground, he who enters upon part 
 is considered to have entered upon the whole. A 
 man may acquire possession of what is contained 
 in a thing by delivery of the key which gives him 
 access to the contents, in the presence of (apudj 
 the tiling. The case mentioned in the Digesl 
 .(Dig. 18. tit. I. s. 74) is that of the key of a 
 granary being delivered in sight of the granarj 
 (apiid liorrca). The delivery of the key is not a 
 symbolical delivery, as some liave supposed, but ii 
 
POSSESSIO. 
 
 s the delivery of the means of getting at the 
 hing. (Compare Lord Hardwicke's remarks on 
 vhis matter, \Vard v. Turner, 2 Vez.) 
 Ij The animus consists in the w-ill to treat as one's 
 imn the tiling that is the object of our apprehen- 
 sion. All persons therefore who are legally in- 
 l;ompetent to will, are incompetent to acquire a 
 juristical possession. Children and lunatics are 
 ir'xaniplcs of such persons. If a man has the de- 
 'tention of a thing, he can acquire the Possessio by 
 the animus alone ; for the other condition has 
 'been already complied with. 
 
 In order that juristical possession may be ac- 
 i'(iuired, there must always be the animus on the part 
 •of him who intends to accpiire the possession ; but 
 'the act of apprehension (cdr/ms) may be effected 
 :by another as his representative, if that other does 
 'the necessary acts, and with the intention of ac- 
 quiring the possession for the other, and not for 
 (himself. (Paulns, 5. It. v. tit. 2. s. 1.) There 
 must be a certain relation between the person for 
 I whom possession is thus acquired and the person 
 I who acquires it for him, either of legal power ( po- 
 lifslas). or of agency : the former is the case of a 
 slave or filius familias who obeys a command, and 
 the latter is the case of an agent who follows in- 
 structions {jmitiildlitin). A person, who is the re- 
 ' presentative of another, and has the Possessio of a 
 thing, may by tlie aninuis alone cease to have the 
 Possessio, and transfer it to that other, retaining 
 only the bare detention. 
 
 Possessio, that is the Right of Possession, is 
 however a thing that can be transferred, without 
 the transfer of ownership. In this case of deriva- 
 tive Possessio the apprehension is the same as in 
 the case of acquiring a juristical possessio ; but the 
 I animus with which the thing is apprehended, can- 
 not be the " animus doniini," but merely the 
 aninms possidendi," that is, the will to acquire 
 th.- .lus Possessionis, which the Possessor transfers, 
 aiul nothing more. The Detention of a thing may 
 1)1- transferred without the ownership, but the 
 transfer of the detention is not always accom- 
 panied by a transfer of the Jus Possessionis. 
 There are three classes into which all acts may be 
 distributed which are accompanied with a transfer 
 of Detention : 1, those which are never the foun- 
 dation of a derivative Possessio, 2 those which 
 always are, and 3, those which are sometimes. 
 The First class comprehends such cases as those 
 H hen the detention of a thing is transferred to an 
 au.nt ( procurulor), and the case of a Comniodatum. 
 I ( 'ii.MMODATUM.] The Second class comprehends 
 tlip case of the Emphyteuta, which is a Possessio, 
 liut only a derivative one, as the Emphyteuta has 
 lait the animus domini ; it also comprehends the 
 case of the creditor who receives the detention of 
 a pignus by a contractus pignoris, but it does not 
 comprehend the case of a Pignus praetorium, 
 Pignus in causa judicati captum, nor a Pactum 
 hypothecae. In the case of a contractus Pignoris, 
 when the thing was delivered to the creditor, he 
 had Possessio, that is, a right to the Interdicts, but 
 not Possessio Civiiis, that is the Right of Usu- 
 capion. The debtor had no Possessio at all, but 
 by virtue of an exception to a general rule 
 he continued the usucapion that had been com- 
 menced. [PiGNl-s.] The Third class comprehends 
 Depositum and Precarium. 
 
 The Right of Possession consists in the right to 
 the protection of the Interdict [Interdictuim], and 
 
 POSSESSIO. 7!!1 
 
 this protection is also extended to Jura in re. The 
 relation of the Juris quasi possessio to Possessio has 
 been already explained. The objects of this Juris 
 quasi possessio are Personal servitutes. Real servi- 
 tutes, and Jura in re which do not belong to the class 
 of Servitutes, of which Superficies is the onl)- proper 
 instance. In all the cases of Juris quasi possessio, 
 the acquisition and the continuance of the right of 
 possession depend on the corpus and animus ; and 
 the animus is to be viewed exactly in the sanu- 
 way as in the case of possession of a corporeal 
 thing. The exercise of Personal servitutes (par- 
 ticularly tisus and ususfructus) is inseparable from 
 the natural possession of the thing, and the posses- 
 sion of them is consequently acquired in the same 
 waj' as the possession of a corporeal thing. As to 
 the Juris quasi possessio of Real Servitutes, there 
 are two cases : either he who has a right to the 
 Servitus, must do some act, which if he had not 
 the right, he might be forbidden to do (scrri/)is 
 quae in paliemlo coiisis/il) ; or the owner of property 
 has no right to do some particular thing, which, if 
 the right did not exist, he might do (servitus ijuae 
 in non facivndo consistit). As to the first class, 
 which may be called Positive Servitutes, the 
 acquisition of the Juris quasi possessio consists 
 merely in doing some act, which is the object of 
 the right, and the doing of this act must be for the 
 purpose of exercising the right. (Dig. 8. tit. (i. 
 s. 25.) This rule applies to the Jus Itineris, 
 Actus, Viae, and others, which are independent of 
 the possession of any other propert}'. Such an act 
 as the Jus tigni iramittendi, or the driving a beam 
 into the wall of one's neighbour's house, is a right 
 connected with the possession of another piece of 
 property, and the possession of this right consists 
 in the exercise of it. As to the second class which 
 may be called Negative Servitutes, the Juris quasi 
 possessio is acquired in consequence of the person 
 whose right is thereby limited, attempting to do 
 some act contrary to the right of the person who 
 claims the servitus, and meeting with opposition to 
 such act and acquiescing in the opposition. (Dig. !t. 
 tit. 5. s. 6.) This Juris quasi possessio may also 
 be founded on a legal title, that is, on any juristi- 
 cal act which can give such right. 
 
 Every possession continues so long as the corpus 
 and the animus continue. If both cease or either 
 of them ceases, the possession is gone. (Dig. 41. 
 tit. 2. s. 3. 40'.) As to the corpus, the possession 
 is lost, when in consequence of any event the pos- 
 sessor cannot operate on the thing at his pleasure, 
 as before. In the case of moveable things, the 
 possession is lost, when another person has got 
 hold of them, either by force or secretly : in the 
 case of immoveable things, it is lost when a man 
 has turned another out of the possession ; but if in 
 the absence of the possessor, another occupies his 
 land without his knowledge, he does not lose the 
 possession till he attempts to exercise ownership 
 over the land and is prevented by the person then 
 in possession of it, or through fear does not attempt 
 to recover his possession. The possession thus ac- 
 quired by the new possessor is a violenta possessio. 
 If the fonner possessor knows the fact and acquiesces 
 by doing nothing, he loses the possession by the ani- 
 mus alone. In the case of possession being lost by the 
 animus alone, it may be effected either expressly or 
 tacitly ; the only thing necessar}- is that there must be 
 an intention to give up the possession. The posses- 
 sion is lost corpore et aniuio, when the possessor 
 
782 
 
 POSSESSIO. 
 
 POSTLIMINIUM. 
 
 gives up a thing to another to possess as his own. 
 In the' case of a Juris quasi possessio, as well as 
 in that of Possessio proper, the continuance of the 
 possessio depends on the corpus and animus to- 
 gether. Thei'e can be no Juris quasi possessio 
 without tlie animus possidendi ; and if there be 
 merely the animus possidendi, the Juris quasi pos- 
 sessio must cease. 
 
 Possessio can be lost by a person who repre- 
 sents the Possessor. Such person may himself 
 acquire the possession by exercising the animus 
 possidendi, when it is accompanied with a sufficient 
 coqjoreal act : in the case of moveable things, this 
 is fiirtuni ; in the case of immoveable things, it is 
 violent dispossession. The possession can be lost 
 through the representative, in all cases in which it 
 would have been lost by the possessor, if there had 
 been no representation. 
 
 In many of the systematic expositions of Roman 
 Law, the theory of Possessio is treated as intro- 
 ductory to the theory of Ownership {Dominium). 
 The view which has been here given of it, is also 
 not imiversally acquiesced in. For instance, Gans 
 in his chapter on Possession (,9)/sfem rfcs/Jb'm. Civil- 
 rcclits im OnwJrisse, ^c.) begins with the two fol- 
 lov\dng sections : — 
 
 § 103. Darstellung dcr verschiedenen hersch- 
 enden Meinungen uber den Besitz. — Der Besitz 
 ist kein blesses Factum, und ensteht nicht als 
 Recht, durch den umweg des Unrechts. 
 
 § 104. Der Besitz als das Eigenthum nach der 
 Seite des bloss besonderen willens. — Anfangendes, 
 priisumtives Eigenthum. 
 
 Savigny's view on the contrary is briefly this : 
 " Possession is a Fact (Factum), so far as a mere 
 factish [unj?irisfica/) relation (deleidiou) is the 
 foundation of it. But Possession is also a Right, 
 so far as rights are connected with the bare exist- 
 ence of the relation of Fact. Consequently Posses- 
 sion is both Fact and Right." 
 
 Also — " The only Right arising from bare Pos- 
 session is a Right to the Interdicts" — and " the 
 Right to the Interdicts is founded on the fact of 
 the Exercise of Ownership being obstructed wrong- 
 fully, as for instance, by force." 
 
 It is shown in the article Agrariae Leges that 
 the origin of the Roman doctrine of Possession may 
 probably be traced to the Possessio of the Ager 
 Publicus. Possessio, Possessor, and Possidere are 
 the proper technical tonus used by the Roman 
 writers to express the possession and the enjoy- 
 ment of the Public Lands. These tenus did not 
 express ownership {cr Jure Quiritium) : they had 
 in fact no more relation to ownership than the 
 Possessio of which this article treats. Still the 
 notion of this kind of use and enjoyment was 
 such, that one may easily conceive how the term 
 Possessio became applicable to various cases in 
 which tliere was no Quiritarian ownership, but 
 something that had an analogy to it. Thus in the 
 case of Damnum infectum, with reference to the 
 second missio in possessionem (ej' seeundo dccreto), 
 the Praetor says " possidere jubebo," which is 
 equivalent to giving bonitarian ownership with the 
 power of usucapion. A ususfructus which could 
 only be maintained by the Jus Praetorium, was a 
 Possessio ususfructus as opposed to Dominium 
 ususfructus. The expressions Hcreditatis or bo- 
 norum possessio do not mean the actual possession 
 of the things, but the peculiar character of the 
 Praetoria hereditas ; for this Bonorum possessio 
 
 has the same relation to the Hereditas that Boi 
 tarian has to Quiritarian ownership, [Dominiui 
 Heres.] Now there is a clear analogy in 
 these instances to the Possessio of the Aj 
 Publicus, which consists in this, that in both cas 
 an actual exclusive enjoyment of a particular pi 
 son to a particular thing is recognized. Tliis w 
 also explain how property in provincial grou; 
 came to be called Possessio : such property w 
 not Quiritarian ownership, but it was a right 
 the exclusive enjoyment of the land, a right whi 
 the word Possessio sufficiently expressed. Tli 
 the name Possessio was transferred from the Rig 
 to its Object ; and Ager and Possessio were th 
 opposed : Ager was a piece of land which w 
 the object of Quiritarian ownership, and Possess 
 a piece of land which was either accidentally ; 
 object only of Bonitarian ownership, as a fundi 
 Italicus of which there had been merelj- traditioi 
 or it was land that could not be the object of (^uii 
 tarian ownership, such as Provincial land (Jav 
 lenus, Dig. 50. tit. 16. s. 11.5), and the old Ag 
 Publicus. 
 
 Other matters relating to Possessio appear to 1 
 explained by this view of its historical origin. Tl 
 Interdictum recuperandae possessionis relates on 
 to land, a circumstance which is consistent wi 
 the hypothesis of tlie origin of Possessio. Tl 
 nature of the Precarium also is explained, wh( 
 we know that it expressed originally the relatii 
 between the Patronus and the Cliens who occupii 
 the Possessio of the Patronus as a tenant at w 
 and could be ejected by the Interdictum de pi 
 carlo, if he did not quit on notice. Further, \ 
 may thus explain the apparent inconsistency in t 
 case of a lessee of Ager Vectigalis, who though 
 had only a jus in re, had yet juristical Possessi 
 the Ager Vectigalis was in fact fashioned accor 
 ing to the analogy of the old Ager Publicus, and 
 was a simple process to transfer to it that noti 
 of Possessio which had existed in the case of t 
 Ager Publicus. [Emphyteusis.] 
 
 This article read in connection with the artii 
 on the Agrariae Leges, and the Licinian Roj. 
 tions [RocATioNES Liciniae], will give t 
 reader an outline of the law of Possession both 
 relation to the Ager Publicus and Privatus. 
 
 The preceding view of possession is frc 
 Savigny, Das Recht des Besilzes, fifth ed. 18l 
 There is an analysis of this excellent work 
 Wamkonig, " Analyse du traite de la possessi 
 par M. de Savigny, Liege 1824 ;" and a summa 
 view of Savigny's Theory is given by Mackeldc 
 Lehrbueh, i^-c. ii. p. 7. See also Gaius, iv. 1 38 
 170 ; Inst. iv. tit. 15 ; Dig. 41. tit. 2, 3 ; 43. 1 
 16—23. 26. 31 ; Cod. vii. tit. 32 ; viii. tit. 4, 
 6. 9 ; Cod. Theod. iv. tit. 22, 23. [G. L.] 
 
 POSSE'SSIO BONO'RUM. [Bonorum P( 
 
 SE.SSIO.] 
 
 POSSE'SSIO CLANDESTI'NA. [Inti 
 
 DICTU.M, p. 523.] 
 
 POSTICUM. [Janua, p. 503.] 
 POSTLIMl'NIUM, JUS POSTLIMIN 
 " There are," says Pompimius (Dig. 49. tit. 
 s. 14), " two kinds of Postliminium, for a ni 
 may either return himself or recover somcthin; 
 Postliuiinium is further defined by Paulus (D 
 I 49. tit. 15. s. 19) to be the " right of recoverinj 
 I lost thing from an extraneus and of its being 
 stored to its former status, which right has be 
 established between us (the Romans) and free p' 
 
POSTLIMINIUM. 
 
 lie and kings by usage and enactments {moribiis ac 
 in'/ii/s) ; for what we have lost in war or even out 
 f war, if we recover it, we are said to recover 
 jostliminio ; and this usage has been introduced 
 jy natural equity, in order tliat he who was 
 TongfuUy detained by strangers, should recover 
 is former rights on returning into his own terri- 
 .iries ((■« fines sttos)." Again Paiilus says, " a 
 lan seems to have returned Postliminio, wlien he 
 ■as entered our territory (iii Jimts iiostros iiitra- 
 ■^■rit) ; as a foundation is laid for a Postliminium 
 [■iicutiudmillHur*) (?) when he has gone beyond our 
 I'prritories {tihi fines nndros caccasil). Rut if a man 
 \as come into a state in alliance (suciir) or friend- 
 ahip with Rome, or has come to a King in alliance 
 jr friendship with Rome, ho a])pears to have forth- 
 Wth retmiied by Postliminium, l)ocaus(! he then 
 Irst begins to be safe under the name of the Ro- 
 han state." These extracts are made for the pur- 
 pse of clearing up the Fltymology of this word, as 
 h which there was a dift'erence of opinion. (Cic. 
 Top. 8.) The explanation of Saievola, as given 
 ly Cicero, has reference to the etymology of the 
 j'ovi, post and limen : " what has been lost by us 
 jnd has come to an enemy and as it were has gone 
 ii'om its own limen, and then has afterwards (post) 
 
 S?turned to the same limen, seems to have returned 
 y Postliminium." According to this explanation, 
 le limen was the boundary or limit within which 
 Ipe thing was under the authority of Rome and 
 p object of the Roman law. A recent writer 
 ^Goettling, Gesckichtc der Rom. Stuuisvc.ifassanii, 
 |. 117) suggests that Postliminium must be view- 
 ed in a sense analogous to Pomerium. There is a 
 ^mciful explanation of the matter by Plutarch 
 IQiiaesi. Horn. 5) in his answer to the question, 
 iVhy are those who have been falsely reported to 
 lave died in a foreign land, not received into the 
 |0use through the door, in case of their return, but 
 j!t down through an opening in the roof ? 
 j If a Roman citizen during war came into the 
 ■ossession of an enemy, he sustained a diminutio 
 ^apitis maxima, and all his civil rights were in 
 jbeyance. Being captured by the enemy, he be- 
 jame a slave ; but his rights over his children, if 
 e had an}', were not destroyed, but were said to 
 e in abeyance (pemJere) by virtue of the Jus 
 ,'ostliminii : when he returned, his children were 
 igain in his power ; and if he died in captivity, 
 ihey became sui juris. Whether their condition 
 ;s sui jiu'is dated from the time of the captivity or 
 f the death, was a disputed matter (Gaius, i. 129) ; 
 j ut Ulpian, who wrote after Gaius, declares that 
 1 such case he must be considered to have died, 
 |/hen he was made captive ; and this is certainly 
 jhe tme deduction from the premises. In the case 
 f a filius or nepos being made captive, the parental 
 ower was suspended {in suspenso). If the son 
 ^turned he obtained his civic rights, and the 
 l|ither resumed his parental powers ; which is the 
 :|ise mentioned in the Digest (49. tit. 1.5. s. 14). 
 is to a wife, the matter was diflferent : the hus- 
 .||and did not recover his wife jure postUminii, but 
 Ijhe marriage was renewed by consent. This rule 
 f law involves the doctrine, that if a husband was 
 iptured by the enemy, his marriage, if any then 
 I 'xisted, was dissolved. If a Roman was ransomed 
 y another person, he became free, but he was in 
 ■^he nature of a pledge to the ransomer, and the 
 
 * " Sicuti amittitur," Flor., Geb. et Spang. 
 
 POSTLIMINIUM. 783 
 
 Jus PostUminii had no effect till he had paid the 
 ransom money. 
 
 Sometimes by an act of the state a man was 
 given up bound to an enemy, and if the enemy 
 would not receive him, it was a question whether 
 he had the Jus PostUminii. This was the case 
 with Sp. Postumius who was given up to the 
 Samnites, and with C. Hostilius Mancinus who 
 was given up to the Numantines ; but the better 
 opinion was that they had no Jus PostUminii (Cic. 
 />(! Or. i. 40 ; Dk O/K iii. 30 ; Top. 8 ; Pro Caecum, 
 c. 34 ; Dig. 49. tit. 15. s. 4 ; 50. tit. 7. s. 17) : 
 and Mancinus was restored to his civic rights by a 
 Lex. (Dig. 50. tit. 7. s. 17.) 
 
 Cicero {Pro lialho, c. 12) uses the word Postli- 
 minium in a different sense ; for he applies it to 
 the case of a man who had, by his own voluntary 
 act, ceased to be a citizen of a state, and subse- 
 quently resumed his original civic rights by Postli- 
 minium. 
 
 It appears that the Jus PostUminii was founded 
 on the fiction of the captive having never been 
 absent from home ; a fiction which was of easy ap- 
 plication, for as the captive during his absence 
 could not do any legal act, the interval of captivity 
 was a period of legal non-activity, which was ter- 
 minated by his showing himself again. 
 
 The Romans acknowledged capture in war as 
 the source of ownership in other nations, as they 
 claimed it in their own case. Accordingly things 
 taken by the enemy lost their Roman owners ; but 
 when they were recovered, they reverted to their 
 original owniers. This was the case with land that 
 had been occupied by the enemy, and with the fol- 
 lowing moveables, which are enumerated by Cicero 
 as Res PostUminii ( Top. 8), " homo (that is slaves), 
 navis, mulus clitellarius, eqnus. equa quae fraena 
 rccipere solet." (Compare ¥esX\\s,s. v. Postliminium.) 
 Arms were not Res Postliminn, for it was a maxim 
 that they could not be honourably lost. 
 
 The recovery above referred to seems to mean the 
 recovery by the Roman state or by the original 
 owner. If an individual recaptured fi'om an enemy 
 what had belonged to a Roman citizen, it would be 
 consistent that we should suppose that the thing 
 recaptured was made his own hy the act of cap- 
 tm'e ; but if it was a res postUminii, this might 
 not be the case. If a thing, as a slave, was 
 ransomed by a person not the owner, the owner 
 could not have it till he had paid the ransom: but it 
 does not appear to be stated how the matter was 
 settled, if a Roman citizen recaptured property (of 
 the class res postUminii) that had belonged to 
 another Roman citizen. But this apparent diffi- 
 culty ma}' perhaps be solved thus : in time of war 
 no Roman citizen could individually be considered 
 as acting on his own behalf under any circum- 
 stances, and therefore whatever he did was the act 
 of the State. It is a remark of Labeo (Dig. 4.9. 
 tit. 1 5. s. 28), " Si quid bello captum est, iu 
 praeda est, non postliminio redit ;"and Pomponius 
 (Dig. 49. tit. 1 5. s. 20) states, that if the enemy 
 is expelled from Roman lands, the lands return to 
 their former owners, being neither considered pub- 
 lic land nor praeda ; in making which remark he 
 evidently assumes the ycneral doctrine laid down by 
 Labeo. Paulus also in his remark on Labeo's rule 
 I of law, merely mentions an exception to the rule, 
 I which is of a peculiar kind. If then anything taken 
 I in war was booty {praeda), to what did the Jus 
 I PostUminii apply ? It applied at least to all that 
 
7«4 
 
 nPA'KTOPES. 
 
 PRAECONES. 
 
 was restored hy treaty or was included in the terms 
 of suiTender, and slaves no doubt were a very im- 
 portant part of all such things as were captured or 
 lost in time of war ; and they were things that 
 could be easily identiticd, and restored to their 
 owners. It also applied to a slave who escaped 
 from the enemy and returned to his master. The 
 maxim " quae res hostiles apud nos sunt, occu- 
 pantinm fiunt" (Dig. 40. tit. 1. s. 51) has no 
 reference to capture from the enemy, as it some- 
 times seems to be supposed. (MUhlenbruch, Doct. 
 Pand. p. 242.) 
 
 It may be objected that the explanation of one 
 difficulty, that has been already suggested, raises 
 another. According to this explanation, if a man 
 in time of war recaptured his own slave, it would 
 be praeda, and he would not at once recover the 
 ownership, as above supposed. The answer is, 
 that it may be so, and that this matter of Postli- 
 minium, particularly as regards things, waits for a 
 careful investigation. As a general rule all 
 moveables belonging to an enemy, which were cap- 
 tured by a Roman army, were Praeda, apparently 
 not the property of the individual soldier who 
 happened to lay his hands on them, Init the pro- 
 perty of the state or at least of the army. Now 
 the difficulty is to ascertain whether all moveables 
 so taken were Praeda, r.n-ifit Res Postlimiuii ; or 
 whether all things so tub'ti were Praeda, Res 
 Postlimiuii included. In the fonner case, the 
 Res Postlimiuii would be the property of the 
 » owner when he could prove them to have been 
 
 his : in the latter, when a thing had become 
 Praeda, it had lost its capacity (if we may so 
 speak) of being a Res Postlimiuii. The distinction 
 here made is a fundamental one. The difficulty 
 partly arises from the expression of Labeo above 
 quoted. Si quid &c., where the Florentine reading 
 has been followed. But Bynkcrshoek (Op. Omn. 
 i. p. 7G) amends the reading into Si quod &c., 
 the propriety of which may be doubted. 
 
 If a man made a will before he was taken cap- 
 tive, and afterwards returned, the will was good 
 jure postlimiuii. If he died in captivity, the will 
 was good by the Lex Cornelia. The law of 
 Postliminium applied to time of peace as well as 
 war, when the circumstances were such that the 
 person or the thing could become the property of 
 another nation (Dig. 49. tit. 1.5. s. 5), as for 
 instance of a nation that had neither an amicitia, 
 hospitium, nor a foedus with Rome ; for such 
 might be the relation of a nation to Rome, and yet 
 it might not be Hostis. A nation was not Ilostis, 
 in the later acceptation of that term, till the Ro- 
 mans had declared war against it, or the nation had 
 declared war against Rome. Robbers and Pirates 
 were not hostes, and a person who was captured by 
 them did not become a slave, and therefore had no 
 need of the .Jus Postlimiuii. [G. L.] 
 
 PO'STUMUS. [Heres (Roman), p. 478.] 
 POTESTAS. [Patria Potestas.] 
 nPA'KTOPES, subordinate officers(o«'0;Ua uirrjpc- 
 ffias, says Pollux, viii. 114) who collected the 
 fines and penalties (iTriguAa? and Tijaij^ara) im- 
 posed by magistrates and courts of justice, and 
 payable to the state. The magistrate who imposed 
 the fine, or the riye/iuv SiKacrTrjpiou, gave notice 
 thereof in writing to the ivpdKTopes. He was then 
 said (Viypd(p€iv to Tifx-qua rots irpaKTopcrij', and the 
 debtor's name irapa&oBrivai rols irpaKTopaiv. If 
 the fine, or any part thereof was to go to a temple, 
 
 the like notice was sent to the rafxiai of the god 
 or goddess to whom the temple belonged. (Aesch., 
 c. Timarch. 5; Andoc. de Mi/si. II. ed. Steph. ; 
 Demosth. c. Theoa: 1328.) 'The name of the 
 debtor, with the sum which he was condemned to 
 pay, was entered by the ■n-pa.KTopes in a tablet in the 
 Acropolis. Hence the debtor was said to be 
 eyyfypafifjLtvos rip Srffioaiai, or iv rfj aKpowoAei. 
 It was the business of the irpaKropfs to demand 
 payment of this sum, and, if they received it, to 
 pay it over to the aT^oSeKrai, and also to erase the 
 name of the debtor in the register (efaXei'tfeic or 
 a7raAei<f)eic). Such erasure usually took place in 
 the presence of some members of the senate. An 
 cfSeiliy lay against any man who made or caused 
 to be made a fraudulent entry or erasure of a debt. 
 (Harpoc. and Suidas, s. i: 'Aypa<pioi/, dvoSiicrat, 
 ^evSeyypa<prj : Andoc. de Miint. 11. ed. Steph.; 
 Demosth. c. Aridoy. 778; c' Tlieoc. 1338.) The 
 collectors took no steps to enforce pajmient ; but 
 after the expiration of the ninth irpvraveia. from 
 the registering of the debt, (or in case of a penalty 
 hnposed on a ypa<pri uSpetoy, after the expiration of 
 eleven days), if it still remained unpaid, it was 
 doubled, and an entry made accordingly. (Aesch. 
 c. Timarch, 3. ed. Steph. ; Demosth. c. I'uiit. 973 ; 
 c. Theocr. 1322; c. Ncacr. 1347.) Thereupon im- 
 mediate measures might be taken for seizure and 
 confiscation of the debtor's goods ; but here the 
 ■wpaKropis had no further duty to perform, except 
 perhaps to give information of the default to the 
 senate. (Jiockh, Staatsh der Ath. i. I(i7. 171. 418. 
 421.) [C. R. K.] 
 
 PRAECI'NCTIO. [Amphithbatrum, p. 43.] 
 PRAECO'NES, criers, were employed for va- 
 rious purposes : I. In sales b_y auction, they fre- 
 quently advertised the time, place, and conditions 
 of sale : they seem also to have acted the part of 
 the modern auctioneer, so far as calling out the 
 biddings and amusing the company, though tlie 
 propertj' was knocked down by the magister auc- 
 tionis. (Hor. Ars Po'iit. 419 ; Cic. ad Att. xii. 40; 
 de Of. ii. 23.) [AucTlo.] 2. In all public as- 
 semblies they ordered silence. (Li v. iii. 47 ; 
 Plant. Poen. prol. II.) 3. In the comitia 
 they called the centuries one by one to give 
 their votes, pronounced the vote of each century, 
 and called out the names of those who were 
 elected. (Cic. c. Veir. ll. v. 15; pro Mil. 
 35.) They also recited the laws that were to be 
 passed. 4. In trials, they summoned the accuser 
 and the accused, the plaintiff and defendant. (Suet. 
 Tib. 11.) ,5. In the public games, they invited 
 the people to attend, and proclaimed the victors. 
 (Cic. ad Fam. v. 12.) G. In solemn funerals tliey 
 also invited people to attend by a certain form ; 
 hence these funerals were called Funera Indictiva. 
 (Festus, s. ti. Qfiirites ; Suet. ./m^. 84.) 7. When 
 things were lost, they cried them and searched for 
 them. (Plant. Merc. iii. 4. 78 ; Petron. 57.) 8. 
 In the infliction of capital punishment, they some- 
 times conveyed the commands of the magistrates 
 to the lict(jrs. (Liv. xxvi. 15.) 
 
 Their office, called jyruceominn, appears to have 
 been regarded as rather disreputable : in the time 
 of Cicero a law was passed preventing all persons 
 who had been praecones from becoming decurioues 
 in the municipia. (Cic. ad Fam. vi. 18.) Under 
 the early emperors, however, it became verj^ pro- 
 fitable (Juv. iii. 157; vii. 6; Martial, v. 5(5. 11 ; 
 vi. 8. 5), which was no doubt partly owing to 
 
PRAEDIUM. 
 
 fees, to which they were entitled in the courts of 
 justice and on other occasions, and partly to the 
 bribes which they received from the suitors, &c. 
 PRAECO'NIUM. [Praeconbs.] 
 PRAEDA. [Postliminium.] 
 PRAEDIA'TOR., [Praes.] 
 PRAEDIATO'RIUM JUS. [Praes.] 
 PRAE'DIUM. This word originally signified 
 according to VaiTO {L. L. v. 40. cd. Miiller) any 
 piiiperty which was made a security to the State 
 liy a Praes: " Praedia dicta, item ut praedes, a 
 praestando, quod ea pignori data publice mancupis 
 tidem praestent." Subsequently the word was 
 limited to signify land generally. In this sense 
 Praedia were divided into Rustica and Urbana, 
 of which the following definition has been 
 uiven : Rustica are those on which there are no 
 iii'des or which are in the country (Jii at/ro) ; and 
 I ibana are those which are in the city and com- 
 prise buildings. Those incorporeal things which 
 c iusisted not in the ownership of Praedia, but in 
 ivi tain rights with respect to them, were called 
 ■ lura Praediorum. As to a difference in the mode 
 "f transferring such Jura in the case of Praedia 
 liustica and Urbana see Gaius (ii. 29). A Prae- 
 iliura which was liable to a servitus was said 
 " servire," and was " a praedium serviens." 
 
 Provincialia Praedia were either stipendiaria or 
 triljutaria : the former were in those provinces 
 which were considered to belong to the Populus 
 Romanus ; and the latter in those provinces which 
 were considered to belong to the Caesar. (Gaius, 
 ii.21.) 
 
 Under the word Colonus a reference was made 
 to Praedium for an explanation of the term Coloni 
 of the later Imperial period. 
 
 These Coloni were designated by the various 
 names of Coloni, Rustici, Originarii, Adscriptitii, 
 Inquilini, Tributarii, Censiti. A person might be- 
 come a Colonus by Difl/i, with reference to which 
 the term Originarius was used. When both the 
 parents were Coloni and belonged to the same 
 master, the children were Coloni. If the father 
 was a Colonus and the mother a slave, or con- 
 versel}', the children followed the condition of the 
 mother. If the father was free and the mother a 
 Colona, the children were Coloni and belonged to 
 the master of the mother. If the father was 
 a colonus and the mother free, the children before 
 the time of Justinian followed the condition of the 
 father : afterwards Justinian declared such chil- 
 dren to be free, but finally he reduced them to the 
 condition of Coloni. If both parents were Coloni 
 and belonged to different masters, it was finally 
 settled that the masters should divide the children 
 
 PRAEDIUM. 
 
 785 
 
 The Coloni were not slaves, though their con- 
 dition in certain respects was assimilated to that 
 of slaves, a circumstance which will explain their 
 being called servi terrae, and sometimes being con- 
 trasted with liberi. They had, however, connu- 
 bium, which alone is a characteristic that dis- 
 tinguishes them clearly from slaves. (Cod. xi. tit. 
 47. s. 24.) But, like slaves, they were liable to 
 corporal punishment, and they had no right of 
 action against their master, whose relation to 
 them was expressed by the term Patronus. (Cod. 
 Theod. v. tit. II.) The colonus was attached 
 to the soil, and he could not be permanently 
 separated from it by his own act, or by that 
 of his patronus, or by the consent of the two. 
 The patronus could sell the estate with the coloni, 
 but neither of them without the other. (Cod. xi. 
 tit. 47. s. 2. 7.) He could, however, transfer 
 superabundant coloni from one to another of his 
 own estates. Wiien an estate held in common 
 was divided, married persons and relations were 
 not to be separated. Tlie ground of there being 
 no legal power of separating the coloni and the 
 estate was the opinion that such an arrangement 
 was favourable to agriculture, and there were also 
 financial reasons for this rule of law, as will pre- 
 sently appear. The only case in which the colonus 
 could be separated from the land was that of his 
 becoming a soldier, which must be considered to 
 be done with the patron's consent, as the bm-den 
 of recruiting the army was imposed on him, and in 
 this instance the state dispensed with a general 
 rule for reasons of public convenience. 
 
 The colonus paid a certain yearly rent for the 
 land on which he lived : the amount was fixed by 
 custom and coidd not be raised ; but as tlie land- 
 owner might attempt to raise it, the colonus had in 
 such case for his protection a right of action 
 against him, which was an exception to the gene- 
 ral rule above stated. (Cod. xi. tit. 47. s. 5.) 
 There were, however, cases in which the rent was a 
 money payment, either by agreement or by custom. 
 
 A further analogy between the condition of 
 Servi and Coloni appears from the fact of the pro- 
 perty of Coloni being called their Peculium. It is 
 however distinctly stated that they could hold pro- 
 perty (Cod. Theod. v. tit. II) ; and the expressions 
 which declare that they could have nothing " pro- 
 pria" (Cod. xi. tit. 49. s. 2) seem merely to de- 
 clare that it was not propria in the sense of their 
 having power to alienate it, at feast without the 
 consent of their patroni. It appears that a co- 
 lonus could make a will, and that if he made 
 none, his property went to his next of kin : for if 
 a bishop, presbyter, deacon, &c., died intestate and 
 between them, and if there was an odd one, it l without kin, his property went to the church or 
 
 should go to the owner of the mother. If a man 
 lived for thirty years as a Colonus, he became the 
 colonus of the owner of the land on which he 
 lived ; and though he was still free, he could 
 not leave the laud : and a man who had pos- 
 sessed for thirty years a colonus belonging to 
 another, could defend himself against the claims of 
 the former owner by the Praescriptio triginta an- 
 norum. A constitution of Valentiniau III. de- 
 clared how free persons might become Coloni by 
 Agreement, and though there is neither this nor 
 any similar regTilation in the Code of Justinian, 
 there is a passage which apparently recognizes 
 that persons might become coloni by such agree- 
 ment. (Cod. xi. tit. 47. s. 22.) 
 
 convent to which he belonged, except such as he 
 had as a colonus, which went to his patronus, who 
 with respect to his ownership of the land is called 
 Dominus possessionis. (Cod. Theod. v. tit. 3.) 
 Some classes of Coloni had a power of alienating 
 their property. (Cod. xi. tit. 47. s. 2.3.) 
 
 The hind-tax due in respect of the land occupied 
 by the colonus was paid by the dominus ; but tlie 
 coloni were liable to the payment of the poll-tax, 
 though it was paid in the first instance by the 
 dominus who recovered it from the colonus. The 
 liability of tlie colonus to a poll-tax explains why 
 this class of persons was so important to the state, 
 and why their condition could not be changed 
 without the consent of the state. It was only 
 
 3 E 
 
786 
 
 PRAEFECTUS ANNONAE. 
 
 PRAEFECTUS PRAETORIO. 
 
 when the colonus had lived as a free man for | tendence of the corn-market throughout tlie whole 
 thirty years that he could maintain his freedom by republic was at a later period entmsted to Pompey 
 
 a praescriptio, but Justinian abolished this prae- 
 scriptio and thus empowered the doininus to assert 
 his right after any lapse of time. (Cod. xi. tit. 47. 
 s. 23.) With respect to their liability to the poll- 
 tax, the coloni were called iributarii, ceiisiti or 
 censibus obnoxii, adscriptitii, adscripiitiae condilimis, 
 and censibus adscripii. This term adscriptio ap- 
 pears to have no reference to their being attached 
 to the land, but it refers to their liability to the 
 poll-tax as being rated in the tax-books, and ac- 
 cordingly we hnd that the Greek term for Ad- 
 scriptitius is 'EvaTriypa<bos. 
 
 As the Coloni were not servi, and as the class of 
 Latini and percgrini hardly existed in the later 
 ages of the Empire, we must consider the Coloni to 
 
 for a period of five years (Dion Cass, xxxix. 9 ; 
 Cic. ad Alt. iv. 1 ; Liv. Epit. 104); and in ac- 
 cordance with this example Augustus took the 
 same superintendence upon himself, and command- 
 ed that two persons, wlio had been praetors five 
 years before, should be appointed every year for 
 the distribution of the corn. (Dion Cass. liv. 1 ; 
 ciiram frumenli populo dividuiidi^ Suet. Aui), 37.) 
 Subsequently Augustus assigned this duty to two 
 persons of consular rank (Dion Cass. Iv. '26. 31) ; 
 but he also created an officer under the title of 
 Praeficius Atnioitae, who must be distinguished 
 from the above mentioned officers. This office was a 
 permanent one, and appears to have been only 
 held by one person at a time : he had jurisdiction 
 
 have had the Civitas, such as it then was ; and it is | over all matters appertaining to the corn-market, 
 a consequence of this, that they had connubium ] and, like the Praef'ectus Vigilum, was chosen from 
 generally. A Constitution of Justinian however I the Equites, and was not reckoned among the 
 (A'or. 22. c. 17) declared the marriage of a colonus, | ordinary magistrates. (Dion Cass. lii. 24 ; Dig. 1. 
 
 who belonged to another person, and a free woman 
 to be void. The Constitution does not seem to 
 mean anything else than that in this case the 
 Emperor took away the Connubium, whether for 
 the reasons stated by Savigny, or for other reasons, 
 is immaterial. This special exception however 
 proves the general rule as to Connubium. 
 
 The origin of these Coloni seems absolutely 
 uncertain. They appear to be referred to in one 
 passage of the Pandect (Dig. 30. s. 112) under the 
 name of Inquilinus, a tenn which certjiinly was 
 sometimes ap])lied to the whole class of Coloni. 
 The passage just referred to states, that if a man 
 bequeaths as a legacy the in(|uilini without the 
 praedia to which they adhere {sine praediis quibus 
 udhacrciii) it is a void legacy. Savigny conceives 
 tliat this passage may be explained without con- 
 sidering it to refer to the Coloni of whom we are 
 speaking ; but the explanation that he suggests 
 seems a very forced one, and the same remark ap- 
 plies to his explanation of another passage in the 
 
 tit. 2. s. 2. § 33 ; 14. tit. 1. s. 1. §18 ; tit. 5. s. 8 ; 
 48. tit. 2. s. 13.) The Praefectus Annonae con- 
 tinued to exist till the latest times of the empire : 
 respecting his duties in later times see Walter, 
 6V.sc//. des R'tim. licchis, p. 373, 374. 
 
 PRAEFECTUS At^UA'RUM. [Aquae 
 Ductus, p. 66.] 
 
 PRAEFECTUS CASTRO'RUM, praefect of 
 the camp, is first mentioned in the reign of 
 Augustus. There was one to each legion. (Veil, 
 ii. 119 ; Tac. Ann. i. 20; xiv. 37.) We learn 
 from Vegetius (ii. 10) that it was his duty to at- 
 tend to all matters connected witli the making of 
 a camp, such as the vallum, fossa, &c., and also to 
 the internal economy of it. 
 
 PRAEFECTUS' CLASSIS, the commander of 
 a fleet. This title was frequently given in the 
 times of the republic to the commander of a fleet 
 (Liv. xxvi. 48 ; xxxvi. 42) ; but Augustus ap- 
 pointed two permanent officers with this title, one 
 of whom was stationed at Ravenna on the Hadri- 
 
 Digcst (50. tit. 15. s. 4). The condition of the i atic and the other at Misenum on the Tuscan sea, 
 old Clients seems to bear some relation to that of each having the command of a fleet. (Suet. Au(;. 
 the Coloni, but all historical traces of one class : 49 ; Veg. iv. 32 ; Tac. Ifisi. iii. 12.) 
 
 gi'owmg out of the other are entirely wanting ; 
 and indeed all evidence of the real origin of the 
 Coloni seems to fail altogether. 
 
 Savigny observes that he does not perceive any 
 
 PRAEFECTUS FABRUiM. [Fabri.] 
 PRAEFECTUS JURI DICUNDO. [Co- 
 
 LONIA, p. 259.] 
 
 PRAEFECTUS PRAETO'RIO, was the corn- 
 
 historical connection between the villeins [rillatii) mander of the troops who guarded the emperor's 
 of modem Europe and the Coloni, though there is jjorson. [Praetokiani.] This office was insti- 
 a strong resemblance between their respective con- tuted by Augustus, and was at first only military, 
 ditions. There were however many imporUmt and had comparatively small power attached to it 
 distinctions ; for instance the villein services due (Dion Cass. Iii. 24; Iv. 10 ; Suet. Au(/. 49) ; but 
 to the lord had nothing corresponding to them in under Tiberius, who made Sejanus commander of 
 the case of the coloni, so far as we know. Little- i the praetorian troops, it became of much greater 
 ton's Tenures, section 172, &c., and Bracton , importance, till at length the power of these prae- 
 
 (fol. 6. 24), may be consulted as to the incidents of 
 Villeinage. 
 
 This view of the condition of the Coloni is from 
 Savigny 's Essay on the subject, which is translated 
 in the Philological Museum, vol. ii. [G. L.] 
 PRAEFECTUS. [Army (Roman), p. 94.] 
 PRAEFECTUS AERA'RIL [Aerarium.] 
 PRAEFECTUS ANNO'NAE, the praefect of 
 the provisions, especially of the corn-market, was 
 not a regular magistrate under the republic, but 
 was only appointed in cases of extraordinary 
 scarcity, when he seems to have regulated the 
 prices at which com was to be sold. (Liv. iv. 12 ; 
 JMifibuhr, Hist, of Hume, ii. p. 418.) The superin- 
 
 fects became only second to that of the emperors. 
 (Tac. Ann. iv. 1, 2 ; Aurel. Vict, de Cues. 9.) The 
 relation of the praefectus praetorio to the emperor 
 is compared to that of the magister equitum to the 
 dictator under the republic. (Dig. 1. tit. 11.) From 
 the reign of Severus to that of Diocletian, the 
 praefects, Uke the vizirs of the east, had the super- 
 intendence of all departments of the state, the 
 palace, the army, the finances, and the law : they 
 also had a court in which they decided cases. (Dig. 
 12. rit. 1. s. 40.) The office of praefect of the 
 praetorium was not confined to military officers ; it 
 was filled by Uljiian and Papinian, and other dis- 
 tinguished jurists. 
 
PRAEFECTUS URBI. 
 
 PRAEFECTUS URBI. 787 
 
 Originally there were two praefects ; afterwards 
 sometimes one and sometimes two ; from the time 
 of Commodus sometimes three (Lamprid. Commod. 
 6), and even four. They were as a regular rule 
 chosen only from the equites (Dion Cass. lii. 24 ; 
 Suet. Tit. 6' ; Lamprid. Commod. 4) ; but from the 
 time of Alexander Severus the dignity of senator 
 was always joined with their office. (Lamprid. 
 Aka: Scv'll.) 
 
 Under Constantine the praefects were deprived 
 of all military command, and changed into go- 
 vernors of provinces. lie appointed four such 
 praefects : the one, who commonly attended on the 
 imperial court, had the command of Thrace, the 
 whole of the east, and Egypt ; the second had the 
 command of Illyricum, Macedonia, and Greece, 
 and usually resided first at Sinnium, afterwards at 
 Thessalonica ; the third of Italy and Africa ; the | 
 fourth, who resided at Treves, of Gaul, Spain, and 
 Britain. (Zosimus, ii. 33.) These praefects were 
 the proper representatives of the emperor, and 
 their power extended over aU departments of the 
 state : the army alone was not subject to their 
 jurisdiction. (Walter, Gcsch. des Rom. Ifeclits, p. 
 21)4. 3G1 ; Gibbon, Bi'cliue and Full, c. 17.) 
 
 PRAEFECTUS VI'GILUM, the commander 
 of the city guards. To protect the state against 
 fires at night, robbery, housebreaking, &c., Augus- 
 tus foi-med seven cohorts of watch-soldiers ( Vic/i/ttf), 
 originally consisting of freedmen but afterwards of 
 others, one for each of the two regiones into which 
 the city was divided ; each cohort was commanded 
 by a tribune, and the whole were under a Prae- 
 iectus Vigilum, who had jurisdiction in all ordinary 
 cases of incendiaries, thieves, &c. ; but if anything 
 extraordinaiy occurred, it was his duty to report 
 it to the Praefectus Urbi. This praefect was 
 chosen from the Equites, and was not reckoned 
 among the ordinary magistrates. (Suet. Auff. 25. 
 30 ; Appian, de Bell. av. v. 132 ; Dion Cass. lii. 
 24. 33 ; Iv. 2C ; Dig. 1. tit. 2. s. 2. § 33 ; I. 
 tit. 15.) We read of the Praefectus Vigilum under 
 the reigns of Theodosius and Arcadius, at which 
 time he had to refer all capital crimes to the prae- 
 fect of the city. (Cod. 1. tit. 48.) 
 
 PRAEFECTUS URBI, praefect or warden of 
 the city, was originally called Custos Urbis. (Ly- 
 dus, De Mayistr. i. 34. 38.) The name Pnic/cctus 
 Urbi does not seem to have been used till after 
 the time of the Decemvirs. The dignity of Cus- 
 tos Urbis, being combined with that of Princeps 
 Scnatus, was conferred by the king, as he had to 
 appoint one of the decem prirai as princeps sena- 
 tus. (Liv. i. 59, 60 ; Dionys. ii. 12.) The func- 
 tions of the custos urbis, however, were not ex- 
 ercised except in the absence of the king from 
 Rome ; and then he acted as the representative of 
 the king : he convoked the senate, held the co- 
 mitia, if necessary, and on any emergency, might 
 take such measures as he thought proper ; in 
 short, he had the imperium in the city. (Tacit. 
 Annal. vi. 11 ; Liv. i. 59.) Romidus is said to 
 have confen-ed this dignity upon Denter Romu- 
 lius, Tullus Hostilius upon Numa Martins, and 
 Tarquinius Superbus upon Sp. Lucretius. During 
 the kingly period the office of warden of the city 
 was probably for life. Under the republic the 
 office and its name of custos urbis remained un- 
 altered ; but in 487 B. c. it was elevated into a 
 magistracy, to be bestowed by election. (Lydus, 
 De Mtiyistr. i. 38.) The custos urbis was, in all 
 
 probability, elected by the curiae, instead of 
 whom Dionj'sius (viii. 64) mentions the senate. 
 Persons of consular rank were alone eligible ; and 
 down to the time of the Deccmvirate every prae- 
 fect that is mentioned occurs previously as consul. 
 The only exception is P. Lucretius in Livy (iii. 
 24), whose name, however, is probably wrong. 
 (Niebuhr, ii. p. 120. note 255.) In the early 
 period of the republic the warden exercised within 
 the city all the powers of the consuls, if they were 
 absent : he convoked the senate (Liv. iii. 9 ; Gell. 
 xiv. 7. § 4), held the comitia (Liv. iii. 24), and, 
 in times of war, even levied civic legions, which 
 were commanded hy him. 
 
 When the office of praetor urbanus was insti- 
 tuted, the wardenship of the city was swallowed 
 up in it (Lydus, De Mens. \d ; De Magistr. ii. 
 6) ; but as the Romans were at all times averse to 
 dropping altogether any of their old institutions, a 
 praefectus urbi, though a mere shadow of the former 
 office, was henceforth appointed every year, only 
 for the time that the consuls were absent from 
 Rome for the purpose of celebrating the Feriae 
 Latinae. This praefectus had neither the power 
 of convoking the senate nor the right of speaking 
 in it ; as in most cases he was a person below the 
 senatorial age, and was not appointed by the 
 people, but by the consuls. (Gell. xiv. 8.) When 
 Varro, in the passage of Gellius here referred to, 
 claims for the praefectus urbi the right of con- 
 voking the senate, he is probably speaking of the 
 power of the praefect such as it was previously to 
 the institution of the office of praetor urbanus. 
 Of how little importance the office of praefect of 
 the city had gradually become, may be inferred 
 from the facts, that it was always given to young 
 men of illustrious families (Tacit. Annal. iv. 36), 
 and that J. Caesar even appointed to it several 
 youths of equestrian rank under age. (Dion Cass, 
 xlix. 42; xliii. 29. 48.) During the empire such 
 praefects of the city continued to be appointed so 
 long as the Feriae Latinae were celebrated, and 
 were even invested with some kind of jurisdiction. 
 (Tacit. Atmal. vi. 11 ; Suet. Nero, 7; Claud. 4; 
 Dion Cass. liv. 17; J. Capitol. Antonin. Phil. 4.) 
 On some occasions, however, no praefectus urbi 
 was appointed at all ; and then his duties were 
 perfonued by the praetor m'banus. (Dion Cass, 
 xli. 14; xlix. 16.) 
 
 An office very different from this, though bear- 
 ing the same name, was instituted by Augustus on 
 the suggestion of Maecenas. (Dion Cass. lii. 21 ; 
 Tacit. /. c; Suet. Aug. 37.) This new praefectus 
 m-bi was a regular and permanent magistrate, 
 whom Augustus invested with all the powers 
 necessary to maintain peace and order in the city. 
 He had the superintendence of butchers, bankers, 
 guardians, theatres, &c. ; and to enable him to 
 exercise his power, he had distributed throughout 
 the city a niunber of milites stationai'ii, whom we 
 may compare to a modem police. He also had 
 jurisdiction in cases between slaves and their 
 masters, between patrons and their freed men, and 
 over sons who had violated the pietas towards 
 their parents. i^Dig. I. tit. 12. s. I. § 5 — 14; 
 37. tit. 15. s. 1. § 2.) His jurisdiction, however, 
 became gradually extended ; and as the powers of 
 the ancient republican praefectus urbi had been 
 swallowed up by the office of the praetor urbanus, so 
 now the power of the praetor urbanus was gradu- 
 all}- absorbed by that of the praefectus urbi ; and 
 
788 PRAEJUDICIUM. 
 
 PRAES. 
 
 at last there was no appeal from liis sentence, ex- 
 cept to the person of the princeps himself, while 
 anj-body might appeal from a sentence of any 
 other city magistrate, and, at a later period, even 
 from that of a governor of a province, to the tri- 
 Innial of the praefcctus urbi. (Vopis. Ftorian. 5, 
 G ; Suet. Ami. 33 ; Dion Cass. lii. 21. 33 ; Dig. 
 4. tit. 4. s. 38.) His jurisdiction in criminal mat- 
 ters was at first connected with the quaestiones 
 (Tacit. Annul, xiv. 41. with the note of Lipsius) ; 
 but from the third century he exercised it alone, 
 and not only in the city of Rome, but at a distance 
 of one hundred miles from it, and he might sen- 
 tence a person to depnrtatio in insulam. ( Dig. i. 
 tit. 12. s. 1. § 3 and 4.) During the first period 
 of the empire and under good emperors, the office 
 was generally held for a number of years, and in 
 many cases for life (Dion Cass. lii. 21. 24; 
 Ixxviii. 14 ; J. Capitol. Atitrmin. Pius, 8 ; Lam- 
 prid. Commod. 14 ; Vopisc. Carin. 16); but from 
 the time of Valerian a new praefect of the city oc- 
 curs almost every year. 
 
 At the time when Constantinople was made the 
 second capital of the empire, this city also received 
 its praefectus urbi. The praefects at this time 
 were the direct representatives of the emperors, 
 and all the other officers of the administration of 
 the city, all corporations, and all public institu- 
 tions, were under their control. (Cod. 1. tit. 28. 
 s. 4; Symmach. Einst. x. 37. 43; Cassiod. Va- 
 riar. vi. 4.) They also exercised a superinten- 
 dence over the importation and the prices of pro- 
 visions, though these subjects were under the more 
 immediate regulation of other officers. (Cod. i. 
 tit. 28. s. 1 ; Orelli, Inscripf. n. 3116.) The prae- 
 fects of the city had eveiy month to make a report 
 to the emperor of the transactions of the senate 
 (Symmach. Epist. x. 44), where they gave their 
 vote before the consulares. They were the medium 
 through which tlie emperors received the petitions 
 and presents from their capital. (Symmach. 
 Episl. X. 26. 29. 3.5 ; Cod. 12. tit. 49. ) At the 
 election of a pope the praefect of Rome had the 
 care of all the external regulations. (Symmach. 
 X. 71— 83.) [L. S.] 
 
 PRAEFECTU'RA. [Colonia, p. 259,260.] 
 PRAE'FICAE. [FuNUS, p. 439.] 
 PRAEFU'RNIUM. [Baths, p. 142.] 
 PRAEJUDI'CIUM. This word, as appears 
 from its etymology, has a certain relation to Judi- 
 cium, to which it is opposed by Cicero [Divinitt. 4) : 
 "■ de quo non praejudicium, sed plane jam judicium 
 factum." The commentator, who goes under the 
 name of Asconius, observes on this passage, 
 that a praejudicium is something, which when 
 established, becomes an eremplum for the judices 
 {Juilicatiiri) to follow ; but this leaves us in doubt 
 whether he means something estiiblished in the 
 same cause, by way of preliminary inquirj', or 
 something established in a diil'erent, but a like, 
 cause, which would be what we call a precedent. 
 Quintilian (/«s/. Orat. v. 1,2) states that it is used 
 both in the sense of a precedent, in which case it 
 is laihex emmjihim t\\an praejudicium{res ex pari/nis 
 causif Judicatue) ; and also in the sense of a preli- 
 minary inquiry and determination about something 
 which belongs to the matter in dispute {jitdk-iis ad 
 i]>sum causam periinfn(ibus),{xoVi\ whence also comes 
 the name Praejudicium. This latter sense is in con- 
 fonnity with the meaning of Praejudiciales Ac- 
 tiones or Praejudicia in which there is an Intentio 
 
 onl)' and nothing else. (Gains, iv. 44.) [Actio.] 
 These accordingly were called Praejudiciales Ac- 
 tiones which had for their object the determination 
 of some matter, which was not accompanied by a 
 condemnatio. For instance, the question might be. 
 Whether a man is a father or not, or Whether he 
 has a Potestas over his child : these were the sub- 
 ject of Praejudiciales Actiones. If a father denied 
 that the child who was bom of his wife, or with 
 which she was then pregnant, was his child, this 
 was the subject of a " Praejudicium cum patre de 
 partu agnoscendo."" If a Judex should have de- 
 clared that the child must be maintained by the 
 reputed father, there must still be the Praejudicium 
 to ascertain whether the reputed father is the true 
 father. If it was doidjtful whether the mother 
 was his wife, there must be a praejudicium on this 
 matter before the praejudicium de partu agnos- 
 cendo. These praejudical actions then, were, as it 
 appears, actions respecting Status ; and they were 
 either Civiles or Praetoriae. It was a Civilis Ac- 
 tio when the question was as to libertas ; the rest 
 seem to have been Praetoriae Actiones. Quintilian 
 makes a third class of Praejudicia, "cum dc cadem 
 causa pronuntiatum est," &c. 
 
 Sometimes Praejudicium means inconvenience, 
 damage, injury, which sense appears to arise from 
 the notion of a thing being prejudged, or decided 
 without being fiiirly heard ; and this sense of the 
 word seems to be very nearly the same in which 
 it occurs in our law in the phrase " without pre- 
 judice to other matters in the cause." 
 
 (Gaius, iii. 123 ; iv. 44 ; Dig. 25. tit. 3 ; Dig. 22. 
 tit. 3. s. 8 ; Inst. 4. tit. 6. s. 13 ; and Theophilus, 
 Paraphr. ad Inst. 4. tit. 6. s. 13.) [G. L.] 
 PRAELU'SIO. [Gladiatores, p. 455.] 
 PRAENO'MEN. [Nomen (Roman).] 
 PRAEPO'SITUS, which means a person 
 placed over, was given as a title in the later times 
 of the Roman empire to many officers : of these 
 the most important was the PniapjosUus Sacri Cu- 
 bical!, or chief chamberlain in the emperor's palace. 
 (Cod. 12. tit. 5 ; Cod. Theod. 6. tit. 8.) Under 
 him was the Primicerius, together with the Cubi- 
 cularii and the corps of Silentarii, commanded by 
 three decuriones, who preserved silence in the in- 
 terior of the palace. (Cod. 12. tit. 16 ; Walter, 
 Gescli. des Pom. Redds, p. 360.) 
 
 PRAEROGATI'VA CENTU'RIA. [Comitia, 
 p. 274.] 
 
 I PRAES. If we might tnist a definition by 
 Ausonius (Idijll. xii. 9), he was called Vas who 
 gave security for another in a Causa Capitalis ; and 
 he who gave security for another in a civil action 
 was Praes. But this autliority cannot be trusted, 
 and the usage of the words Vas and Praes was 
 i certainly not always conformable to this definition. 
 According to Varro {Liny. Lat. T\. 74. ed. MUller), 
 any person was Vas, who promised Vadimoniuni for 
 another, that is, gave security for another in any 
 legal proceeding. Festus (s. v. Vadem) says that 
 Vas is a Sponsor in a res capitalis. If Vas is genus, 
 of which V^as in its special sense, and Praes are 
 species, these definitions will be consistent. Un- 
 der Maticeps Festus remarks, that Manccps signifies 
 him who buys or hires any public property {ijui a 
 pcypido emit cundticitvc), and that he is also called 
 Praes because he is bound to make good his con- 
 tract {pnicstare. quod proriiiiit), as well as he 
 who is his Praes. (See also Varro, /. c.) Ac- 
 cording to this, Praes is a surety for one who 
 
PRAESCRIPTIO. 
 
 PRAESCRIPTIO. 789 
 
 buys of the state, and so called because of 
 his liability (pnwslare). But the etjnnology at 
 least is doubtful, and we are inclined to think, 
 false. The passage of Festus explains a passage in 
 the Life of Atticus (C. Nep. (i) in which it is said 
 that he never bought anytliing at public auction 
 (a(i haMam ptiOlicani) and never was cither Manceps 
 or Pracs. A case is mentioned by Oellius (vii. 19) 
 in whicli a person was connnitted to prison wlio 
 could not obtain Praedes. The goods of a Praes 
 were called Praedia (Pseudo-Ascon. in Verr. 
 II. i. 54), and in Cicero (/. c.) and Livy (xxii. 
 60) " praedibus et praediis " come together. The 
 phrase " praedibus cavere," to give seciuity, occurs 
 in the Digest (10. tit. 3. s. (J), where some editions 
 have " pro aedibus cavere." (See the various read- 
 ings ed. Gebauer and Spangenherg.) The plirase 
 " praedes vendere" means to sell, not the praedes 
 properly so called, but the things which are given 
 as a security. 
 
 Praodiatores are supposed by Brissonius to 
 be the same as Praedes (Cic. pro Balb. c. 20 ; 
 ad Att. xii. 14. 17; Sueton. Claud, c. 9 ; Val. 
 Max. viii. 12), at least so far as they were sureties 
 to the State. But praediator is delincd by Gaius 
 (ii. 6 1 ) to be one " who buys from the people," and 
 from tlie context it is clear that it is one who buys 
 a Praedium, which is further defined to be a thing 
 pledged to tlie populus " res obligata populo." 
 The Praediator then is lie who buys a Praediuiu, 
 that is a thing given to the populus as a security 
 by a Praes ; and the whole law relating to such 
 matters was called Jus Praediatorium. [G. L.] 
 PRAESCRI'PTIO, or rather TEMPORIS 
 PRAESCRIPTIO, signifies the Excoptio or 
 answer which a defendant has to the demand of a 
 plaintitf, founded on the circumstance of the lapse 
 of time. The word then has properly no reference 
 to the plaintiff 's loss of right, but to the defend- 
 ant's acquisition of a right by which he excludes 
 the plaintiff from prosecuting his suit. This right 
 of a defendant did not exist in the old Roman 
 Law. ^V'hen the Praetors gave new actions by 
 their Edict, they attached to them the condition 
 that those actions must be brought within a year 
 (intra annum judicium daho), that is a year from 
 the time when the right of action accrued. These 
 actions then were exceptions from the old rule, 
 that all actiones were perpetuae. This rule became 
 extended by the Longi temporis prajscriptio, which 
 estabhshed that in actions about ownership, or 
 jiu'a in re, ten, or in some cases twenty years, 
 woidd give a praescriptio, when the Possessor 
 could show that he had complied with the main 
 conditions of Usucapion, without having acquired 
 ownership by Usucapion, for if he had, he had no 
 need of any Exceptio. This rule was further ex- 
 tended by Constuntine, and a period of 30 or 40 
 years, for it seems that the time was not quite 
 settled, was to be considered as sutiicient for a 
 praescriptio, though the defendant had not com- 
 plied with the conditions of Usucapion. A ge- 
 neral constitution was made by Theodosius, a. d. 
 424, which with some variations appears in both 
 the Codes (Cod. Theod. iv. tit. 14; Cod. vii. 
 tit. 39. s. 3) ; and it enacted that, as in tlic 
 ease of the actiones already mentioned, there 
 should be no hereditatis petitio after 30 years, and 
 that after the same time no personal action should 
 be brought. The actio finium regundonim was ex- 
 cepted, and also the action of a creditor for his pig- 
 
 nus or hypotheca against the debtor, but not against 
 others. Praejudiciales actiones as to Status are not 
 enumerated among those against which there was 
 a Praescriptio, but they seem to be included in the 
 general words of the law. Justinian, by a consti- 
 tution of the }'ear530 (Cod. vii. tit. 40. s. I), esta- 
 blished the general rule of 30 years for all actions, 
 with the exception of the actio hypothec-aria, for 
 which he required 40 years. Ilis constitution 
 enumerates the following actions to which the 
 praescriptio of 30 years would apply : Familiae 
 herciscundae, Communi dividundo, Einiuui regundo- 
 rum, Pro Socio, Furti et Vi Bonorura Raptorum ; 
 and it adds, " neque alterius cujuscunque perso- 
 nalis actio vitam longiorem esse triginta annis, &c., 
 sed ex quo ab initio competit, et semel nata est, 
 j &c., post memuratum tempos finiri." It tlius ap- 
 pears that all actions were originally perpetuae, 
 then some were made subject to Praescriptio, and 
 finally all were made so. In consequence of this 
 change the term Perpetuae, originally applied to 
 actions that were not subject to praescriptio, was 
 used to signify an actio in which 30 years were 
 necessary to give a Praescriptio, as opposed to ac- 
 tiones in which the rigiit to a Praescriptio accrued 
 in a shorter time. (Inst. iv. tit. 12.) 
 
 The conditions necessary to establish a Prae- 
 scriptio were, 1. Actio Nata, for there must be a 
 right of action in order that a praescriptio may 
 have an oiigin, and the date of its origin must be 
 fixed by ^he date of the right of action. 2. There 
 must bo a continuous neglect on the part of the 
 person entitled to bring the action, in order that 
 the time of the Praescriptio may be reckoned 
 uninterruptedly. 3. Bona fides was not a neces- 
 sary ingredient in a Praescriptio, as such, because 
 it was the neglect of the plaintiff which laid the 
 foundation of the Praescriptio. But the longi tem- 
 poris praescriptio was made like to Usucapion as 
 to its conditions, of which bona fides was one. 
 Justinian (Cod. vii. tit. 39. s. 8.) required a bona 
 fides in the case of a thirty year Praescriptio, but 
 this was no new rule except so far as the Pos- 
 sessor claimed the benefit of Usucapio ; and as the 
 longi temporis praescriptio, as an independent rule 
 of law disappeared from the legislation of Justinian, 
 the bona fides as a condition of praescriptio, went 
 with it. 4. The lapse of time, which was 30 years: 
 but to this there were many exceptions. 
 
 Tile sources on the subject of Praescriptio are 
 referred to in Brinkmann's Imtitutioiies Juris 
 Hmiuini, and Miihlenbruch's Dodriiia Paiideda^ 
 rum, g 2()1, and § 481, on the distinctiim being 
 ultimately abolished between Praescriptio and 
 Usucapio ; Savigny, System des Imuliijen Horn. 
 Rcchts. vol. v., from whom this outline is taken. 
 See also Usucapio. 
 
 Praescriptio had a special sense in Roman plead- 
 ings, which Gaius has explained as existing in his 
 time (iv. 130). These Praescriptiones were pro 
 actore, and not pro reo ; and an example will ex- 
 plain the term. It often happens that an obligatio 
 is such that a man is bound to another to do cer- 
 tain acts at certain times, as for instiince, yearly, 
 half yearly, or monthly. The payment of interest 
 on money would be an example. At the close of 
 any of these certain periods, the party to whom 
 tlie obligatio was due might sue for what was 
 due, but not for what was not due, though an ob- 
 ligatio was contracted as to future tune. ^Vhen 
 a debt had become due in consequence of an 
 
I'M 
 
 PRAETOR. 
 
 PRAETOR. 
 
 called Praetorium. (Li v. viii. 11.) Praetor was 
 also a title of office among the Latins. 
 
 The first praetor specially so called was appoint- 
 ed in the year B. c. 3t)(j, and he was chosen only 
 from the Patricians, who had this new office 
 created as a kmd of indemnification to themselves 
 for being compelled to share the consulship with 
 the Plebeians. (Liv. vi. 4-2 ; vii. 1.) No Plebeian 
 praetor was appointed till the year B. c. 337. The 
 Praetor was called coUega consulibus, and was 
 elected with the same auspices at the Comitia 
 Centuriata. 
 
 The Praetorship was originally a kind of third 
 consulship, and the chief functions of the praetor 
 {jus in urhe direrc, Liv. vi. 4"2 ; Jura reddciv, Liv. 
 vii. 1 ) were a portion of the functions of the con- 
 suls, who according to the passage of Cicero above 
 referred to, were also called judices a judicando. 
 The praetor sometimes commanded the armies of 
 the state ; and while the consuls were absent with 
 the armies, he exercised their functions within the 
 city. He was a Magistratus Curulis and he had 
 the Imperium, and consequently was one of the 
 Magistratus Majores : but he owed respect and 
 obedience to the consuls. (Polyb. xxxiii. 1.) His 
 insignia of office were six lictors, whence he is 
 called by Polybius Tj-yeixdv or (rrpaT-nyds e|a7reAc- 
 KUJ, and sometimes simply ^laireAeKus. At a later 
 period the Praetor had only two lictors in Rome. 
 (Censorinus, c. 24.) The praetorship was at first 
 given to a consul of the preceding year as appears 
 from Livy. 
 
 In the year b. c. 246 another Praetor was ap- 
 pointed, whose business was to administer justice 
 in matters in dispute between peregrini, or pere- 
 grini and Roman citizens ; and accordingly he was 
 adled Praetor Peregrinus. (Dig. 1. tit. 2. s. 28.) 
 The other Praetor was then called Praetor Urbanus 
 " qui jus inter cives dicit," and sometimes simply 
 Praetor Urbanus and Praetor Urbis. The two 
 Praetors detennined by lot which functions they 
 should respectively exercise. If cither of them 
 was at the head of the army, the other performed 
 all the duties of both within the city. Some- 
 times the military imperium of a Praetor was pro- 
 longed for a second year. When the territories of 
 the state were extended beyond the limits of 
 Italy, new praetors were made. Thus two prae- 
 tors were created B. c. 227, for the administration 
 of Sicily and Sardinia, and two more were added 
 when the two Spanish provinces were fonned B. c. 
 197. When there were six praetors, two stayed 
 in the city, and the other four went abroad. 
 The Senate determined their provinces, which 
 were distributed among them by lot. (Liv. 
 xxxii. 27, 28.) After the discharge of his ju- 
 dicial functions in the city, a Praetor often had 
 the administration of a province with the title of 
 Propraetor. Sulla increased the number of Prae- 
 tors to eight, which Julius Caesar raised succes- 
 sively to ten, twelve, fourteen, and sixteen. 
 Augustus after several changes fixed the niunber 
 at twelve. Under Tiberius there were sixteen. 
 Two praetors were appointed by Claudius for mat- 
 ters relating to Fideicommissa, when the business 
 in this department of tiie law had become con- 
 siderable, but Titus reduced the number to one ; 
 and Nerva added a Praetor for the decision of 
 matters between the Fiscus and individuals. 
 
 obligatio, there was said to be a Praestatio, 
 or it was said, " aliquid jam praestari oportet :" 
 when the obligatio existed, but the Praestatio was 
 not due, it was " futura praestatio," or it was said, 
 " praestatio adhuc nulla est." If then the plaintiff 
 wished to limit his demand to what was due, it 
 was necessary to use the following Praescriptio : 
 " Ea res agatur cujus rei dies fuit." (Compare Cic. 
 de Or. i. 37.) The name of Praescriptiones, ob- 
 serves Gaius, is manifestly derived from the cir- 
 cumstance of their being prefixed (pnescribuntur) 
 to the formulae, that is, they came before the In- 
 tentio. In the time of Gaius the Praescriptiones 
 were only used by the actor ; but formerly they 
 were used also in favour of a defendant (reus), 
 as in the following instance ; " Ea res agatur quod 
 praejudicium hereditati non fiat," which in the 
 time of Gaius was turned into a kind of exceptio 
 or answer, when the petitor hereditatis, by using 
 a difierent kind of actio, was prejudging the ques- 
 tion of the hereditas {cum petitur, ^'c. . . . praeju- 
 dicium Itcrcdiiati faciat). Compare Gaius (Dig. 
 10. tit. 2. s. 1 ; and see Praejudicium). 
 
 S<avigny shows that in the legislation of Jus- 
 tinian, Praescriptio and Exceptio are identical and 
 tliat either term can be used indifterently. He 
 observes that the Praescriptiones which in the old 
 fonn of procedure were introduced into the formula 
 for the benefit of the defendant, were properly Ex- 
 ceptiones, and it was merely an accidental matter 
 that certain Exceptiones were placed before the 
 intentio instead of being placed at the end of the 
 formula, as was the usual practice. Subsequently, 
 as appears from Gaius, only the Praescriptiones 
 pro actore were prefixed to the formula ; and those 
 pro reo were placed at the end, and still retained, 
 though improperly, the name of Praescriptiones. 
 Thus Exceptio and Praescriptio came to be used as 
 equivalent terms, a circumstance to which the disuse 
 of the Ordo judiciorum contributed. Yet in the 
 case of particular exceptiones, one or other of the 
 names was most in use, and the indiscriminate 
 employment of them was an exception to the 
 general rule. The prevalence of one or the other 
 name in particular cases is easily explained : thus, 
 the Doli and Rei Judicatae Exceptiones were al- 
 ways at the end of the Formula, and the Temporis 
 and Fori Praescriptiones in earlier times were 
 placed at the beginning. Savigny adds that in 
 modem times Praescriptio has acquired the sense 
 of Usucapion, but this is never the sense of the 
 word Praescriptio in the Roman Law. Though 
 Exceptio and Praescriptio came to be used as 
 equivalent, yet neither Exceptio nor Praescriptio 
 is used in the sense of Temporis praescriptio with- 
 out the addition of the words Temporis, Temporalis, 
 triginta annomm, &c. (Savigny, Si/ntem, c|'c. iv. 
 sub ; V. 163.) [G. L.] 
 
 PRAESES. [Provincia.] 
 
 PRAESUL. [Salu.] 
 
 PRAETE'RITI SENATO'RES. [Nota 
 Cen-soria, p. 646.] 
 
 PRAETEXTA. [Toga.] 
 
 PRAETEXTA'TA FA'BULA. [Comoedia, 
 p. 278.] 
 
 PRAETOR. According to Cicero {Ley. iii. 3) 
 Praetor was a title which designated the consuls 
 as the leaders of the armies of the state ; and he 
 considers the word to cont:un the same elemental 
 ])arts as the verb pracire. The period and office of j " Thus," says Pomponius, speaking of his own 
 the command of the consuls might appropriately be time, " eighteen praetors administer justice {jus 
 
PRAETOR. 
 
 PRAETORIANI. 
 
 791 
 
 dicuni) in the State." (Dig. 1. tit. 2. s. 34.) M. 
 
 Aurelius according to Capitolinus (AT. Ant. c. 10), 
 appointed a Practur for matters relating to tutela, 
 which must Lave taken place after Pomponius 
 wrote. [Pandkctae.] The main duties of the 
 Praetors were judicial, and it appears that it was 
 found necessary from time to time to increase tlicir 
 number, and to assign to them special departments 
 of tlie administration of justice. 
 
 The Praetor Urbanus was specially named 
 Praetor, and he was the first in rank. His duties 
 confined him to Rome, as is implied by the name, 
 and he could only leave the city for ten daj's at a 
 time. It was part of his duty to superintend the 
 Ludi ApoUinarcs. He was also the chief magi- 
 strate for the administration of justice, and to the 
 I'ldicta of the successive praetors the Roman Law 
 "wes in a great degree its developement and im- 
 l)rovement. Both the Praetor Urbanus and the 
 Praetor Peregrinus had the .Jus Edicendi (Gaius, 
 i. 2), and their functions in this respect do not ap- 
 pear to have been limited on the establishment of 
 the Imperial power, though it nmst have been 
 gradually restricted as tlie practice of Imperial 
 Constitutions and Rescripts became common. 
 [ Edictum.] 
 
 The chief judicial functions of the Praetor in 
 civil matters consisted in giving a judex. [.Judex.] 
 It was only in the case of Interdicts, that he de- 
 cided in a summary way. [Interdictum.] Pro- 
 ceedings before the Praetor were technically said 
 to he injure. 
 
 The Praetors also presided at trials of criminal 
 matters. These were the Quaestiones perpetuae 
 (Cic. Bnit. c. "27), or the trials for Ropetundae, 
 Ambitus, Majestas, and Peculatus, which, when 
 there were six praetors were assigned to four out 
 of the number. Sulla added to these Quaestiones 
 those of Falsuni, De Sicariis et Veneficis, and De 
 Parricidis, and for this purpose he added two or 
 according to some accounts four praetors, for the 
 accounts of Pomponius and of other writers do not 
 agree on this point. (Sueton. Caesar, 41 ; Dion 
 Cass. xlii. 51.) On these occasions the Praetor 
 presided, but a body of judices determined by a 
 majority of votes the condemnation or acquittal of 
 the accused. [.Judicium.] 
 
 The Praetor when he administered justice sat 
 on a sella Curulis in a Tribunal, which was that 
 part of the court which was appropriated to the 
 Praetor and his assessors and friends, and is op- 
 posed to the Subscllia, or part occupied by the 
 Judices, and others who were present. (Cic. Urut. 
 84.) Rut the Praetor could do many ministerial 
 acts out of court, or as it was expressed c pla?io, or 
 ex- aequo loco, which terms are opposed to e irihiuiali 
 or ex auperiore loco : for instance, he could in cer- 
 tain cases give validity to the act of manumission 
 when he was out of doors, as on his road to the 
 bath or to the theatre. (Gaius, i. 20.) 
 
 The Praetors existed with varying numbers to 
 a late period in the Empire, and they had still 
 jurisdictio. (Cod. vii. tit. 62. s. 17; v. tit.'71. s. Ifi.) 
 
 The functions of the Praetors, as above observ- 
 ed, were chiefly judicial, and this article should be 
 completed by a reference to Edictum, Imperiuji, 
 Judex, Jurisdictio, Magistratus, Provincia. 
 To the authorities referred to under Edictum may 
 be added, " Die Pnitorischen Edicte der Riimer, 
 &c., von D. Eduard Schrader, Weimar, 1815." 
 
 [G. L.] 
 
 PRAETO'RIA A'CTIO. [Actio, p. ».] 
 PRAETO'RIA COHORS. [Praetoriani.] 
 PRAETORIA'NI, sc. milites, or Praetoriae 
 ColioHes, a body of troops instituted by Augustus 
 to protect his person and his power, and call- 
 ed by that name in imitation of the Praetoria 
 Cohort!, or select troop, which attended the person 
 of tiie praetor or general of tlie Roman anny. (Sal- 
 lust, Cat. (iO ; Cic. Cat ii. 11; Caes. JicU. Call. 
 i. 40.) This cohort is said to have been first 
 formed by Scipio Africanus out of the bravest 
 troops, whom he exempted from all other duties 
 except guarding his person, and to whom he g;ive 
 sixfold pay (Festus, s. v.) ; but even in the early 
 times of the republic the Roman general seems to 
 have been attended by a select troop. (Liv. ii. 20.) 
 In the time of the civil wars the number of the 
 praetorian cohorts was greatly increased (Appiaii, 
 Bell. Civ. iii. 67 ; V. 3) ; but the establishment of 
 them as a separate force was owing to the policy 
 of Augustus. They originally consisted of nine 
 (Tiic. A/m. iv. 5; Suet. Au(j. 4!)) or ten cohorts 
 (Dion Cass. Iv. 24), each consisting of a thousand 
 men, horse and foot. They were chosen only 
 from Italy, chiefiy from Etruria and Umbria, or 
 ancient Latiura, and the old colonies (Tac. c. 
 Hist. i. 84), but afterwards from Macedonia, Nori- 
 cum, and Spain also. (Dion Cass. Ixxiv. 2.) 
 Augustus, in accordance with his general policy 
 of avoiding the appearance of despotism, stationed 
 oidy three of these cohorts in the capital, and dis- 
 persed the remainder in the adjacent towns of 
 Italj'. [Suet. Any. -19.) Tiberius, however, under 
 pretence of introducing a stricter discipline among 
 them, assembled them all at Rome in a permanent 
 camp, which was strongly fortified. (Tac. ^ti/n. 
 iv. 2 ; Suet. Tiber. 37 ; Dion Cass. Ivii. 19.) Their 
 number was increased by Vitellius to sixteen co- 
 horts or 16,000 men. (Tac. I/ist. ii. 93.) 
 
 The Praetorians were distinguished by double 
 pay and especial privileges. Their term of service 
 was originally fixed by Augustus at twelve years 
 (Dion Cass. liv. 25), but was afterwards increased 
 to sixteen years ; and when they had served their 
 time, each soldier received 20,oOO sesterces. (Id. 
 Iv. 23; Tac. A/i?t. i. 17.) All the Praetorians 
 seem to have had the same rank as the centurions 
 in the regular legions, since we are told by Dio 
 (Iv. 24) that they had the privilege of carrying a 
 vitis (paSSos) like the centurions. The Praetorians, 
 however, soon became the most powerful body in 
 the state, and like the janissaries at Constantin- 
 ople, frequently deposed and elevated emperors 
 according to their pleasure. Even the most power- 
 ful of the emperors were obliged to court their 
 favour ; and they always obtained a liberal do- 
 nation upon the accession of each emperor. After 
 the death of Pertinax (a. d. 193) they even 
 ort'ered the empire for sale, which was purchased 
 by Didius Julianus (Dion Cass. Ixxiii. 11; Sp;ir- 
 tian. .Julian. 2 ; Herodian. ii. 7) ; but upon the 
 accession of Severus in the same year they were 
 disbanded, on account of the part they had taken 
 in the deatli of Pertinax, and banislied from the 
 city. (Dion Cass. Ixxiv. 1.) The emperors, how- 
 ever, could not dispense with guards, and accord- 
 ingly the Praetorians were restored on a new 
 model by Sevenis, and increased to four times 
 their ancient number. Instead of being levied in 
 Italy, Macedonia, Noricuin or Spain, as formerly, 
 tlie best soldiers were now draughted from all the 
 
792 
 
 PRELUM. 
 
 nPOBOAH', 
 
 legions on the frontiers ; so that the praetorian ! 
 cohorts now formed the bravest troops of the I 
 empire. (Dion Cass. Ixxiv. 2 ; Herodian. iii. 13.) 
 Dioclesian reduced their numbers and abolished 
 their privileges (Aurel. Vict, de Caes. 39) ; they 
 were still allowed to remain at Rome, but had no 
 longer the guard of the emperor's person, as he 
 never resided in the capital. Their numbers were 
 again increased by Maxentius, but after his defeat 
 by Constantine, a.d. 312, they were entirely sup- 
 pressed by the latter, their fortified camp de- 
 stroyed, and those who had not perished in the 
 battle between Constantine and Maxentius, were 
 dispersed among the legions. (Zosinus, ii. 17; 
 Aurel. Vict, de Cues. 40.) The new form of 
 government established by Constantine did not 
 require such a body of troops, and accordingly 
 they were never revived. The emperor's body 
 guards now only consisted of the Domestici, horse 
 and foot under two comites, and of the Protectores. 
 (Cod. 12. tit. 17 ; Cod. Theod. 6. tit. 24.) 
 
 The commanders of the Praetorians were called 
 Praefecti Praetorio, whose duties, powers, 
 &c. are mentioned in a separate article. 
 
 PRAETO'RIUM was the name of the gene- 
 ral's tent in the camp, and was so caUed because 
 the name of the chief Roman magistrate was 
 originally praetor, and not consul. [Castra, 
 p. 203.) The officers who attended on the gene- 
 ral in the Pmelorium, and formed his council of 
 war, were called by the same name. (Liv. xxx. 
 S.) The word was also used in several other sig- 
 nifications, which were derived from the original 
 one. Thus the residence of a governor of a pro- 
 vince was called the Praelorium (Cic. c. Verr. 
 II. iv. 28, V. 35 ; St. John, xviii. 28. 33) ; and 
 the same name was also given to any large house 
 or palace. (Suet. Au^). 72, Cal. 37 ; Juv. i. 75; 
 praetoria votuptati taniuin descrvicntia. Dig. 50. 
 tit. 16. s. 198.) Tlie camp of the Praetorian 
 troops at Rome, and frequently the Praetorian 
 troops themselves, were called by this name. 
 [Praetoriani.] 
 
 PRA'NDIUM. [CoENA, p. 251.] 
 PRECA'RIUM. [Interdictum, p. 523.] 
 PRELUM, or PRAELUM, is a part of a press 
 used by the ancients in making wine, olive-oil, 
 and paper. The press itself was called torcular ; 
 and the prelum was that part which was either 
 screwed or knocked down upon the things to be 
 pressed, in order to squeeze out the last juices. 
 (Serv. ad Viig. Geonj. ii. 242 ; Vitruv. vi. 9.) 
 Sometimes, however, prelum and torcular are used 
 as convertible terms, a part being named instead 
 of the whole. As regards the pressing of the 
 grapes, it should be remembered that they were 
 first trodden with the feet ; but as this process did 
 not press out all the juice of the grapes, they were 
 afterwards, with their stalks and peels {sccypi et 
 foUicuH), put under the prelum. (Varro, f/e Re 
 Rust. i. 54 ; comp. Coliun. xii. 38.) Cato (f/e Re 
 Rust. 31) advised his countrj-men always to make 
 the prelum of the wood of black maple {carpinus 
 atra). After all the juice was pressed out of the 
 grapes, they were collected in casks, water was 
 poured upon tlioni, and after standing a night they 
 were pressed again. The liquor thus obtained 
 was called lora ; it was preserved in casks, and 
 was used as a drink for workmen dming the win- 
 ter. (Varro, c.) Respecting the use of the pre- 
 lum in making olive-oil, and in the manufacture of 
 
 paper, see Plin. H. N. xv. 1. ; xiii. 25 ; Colimi. 
 xii. 50. [L. S.] 
 
 PRIMICE'RIUS, a name given to various of- 
 ficers and dignitaries under the later Roman em- 
 pire, is explained by Suidas (s. r.) to be the per- 
 son who holds the first rank in any thing. The 
 etymology of the word is doubtful : it is supposed 
 that a person was called Primieerius because his 
 name stood first in the wax (ccra), that is, the 
 tablet made of wax, which contained a list of per- 
 sons of any rank. 
 
 The word Primieerius does not seem to have 
 been always applied to the person who was at the 
 head of any department of the state or amy, but 
 also to the one second in command or authoritj' ; 
 as, for instance, the Primieerius Sacri Cuhieuli, 
 who was under the Praepositus Sacri Culiculi. 
 [Praepositus.] Various Primicerii are men- 
 tioned, as the Primieerius Domesticorum and Pro- 
 tectorum (Cod. 12. tit. 17. s. 2), Fuhricue (Cod. 
 11. tit. 9. s. 2), Metisorum (Cod. 12. tit. 28. s. 1), 
 Nutarioru/n (Cod. 12. tit. 7), &c. 
 
 PRIMIPILA'RIS. [Centurio.] 
 
 PRIMIPI'LUS. [Centurio.] 
 
 PRINCEPS JUVENTU'TIS. [Equites, p. 
 397.] 
 
 PRINCEPS SENATUS. [Senatus.] 
 PRINCIPES. [Army (Roman), p- 95.] 
 PRINCI'PIA, PRINCIPA'LIS VIA. [Cas- 
 tra.] 
 
 PRIVILE'GIUM. [Lex, p. 560.] 
 nPOArnrEl'A2 rPA<I>H', a prosecution against 
 those persons who perfonned tlie degrading office 
 of pimps or procurers (irpoaywyoi). By the law of 
 Solon the heaviest punishment (to fiiyiaTa eiri- 
 Tiftia) was inflicted on such a person (eac rir 
 i\(v6epov vaiSa yvvaiKa ■rrpoffyoyyevcrr), Aesch. 
 c. Timarch. 3. 26. ed Steph.). According to Plu- 
 tarch {Sol. 23) a penalty of twenty drachms was 
 imposed for the same otfence. To reconcile this 
 statement with that of Aeschines, we may suppose 
 with Platner {Proe. und Kla<j. ii. 216) that the 
 law mentioned by Plutarch applied only to prosti- 
 tutes. An example of a man put to death for 
 taking an Olynthian girl to a brothel (o-TTjffas eir' 
 oiKi'iiJ.aTos) occurs in Dinarchus (c. Dciiwst!/. 93. 
 cd. Steph.). A prosecution of a man by llyperides 
 €7rl irpoayuy'ia is mentioned by Pollux (iii. 27). A 
 charge (probably false) was brought against Aspasia 
 of getting freebom women into her house for the 
 use of Pericles. (Plut. Periel. 32 ; Aristoph. Acharn. 
 527.) In connection with this subject see the 
 ypa(pa\ 'ETAIPH'2En2, and *0OPA"2 TiTN 
 'EAET0E'PnN. (Meier, Att. Proc. 332.) 
 
 [C. R. K.] 
 
 nPOBOAH', an accusation of a criminal natui-e, 
 preferred before the people of Athens in assembly, 
 with a view to obtain their sanction for bringing 
 the charge before a judicial tribunal. It may be 
 compared in this one respect (viz., that it was a 
 preliminary step to a more fnnnal trial) with our 
 application for a criminal infonnation ; though in 
 regard to the object and mode of proceeding there 
 is not much resemblance. The irpoSoX-q was re- 
 served for those cases where the public had sus- 
 tained an injurj', or where, from the station, power, 
 or infiuence of the delinquent, the prosecutor might 
 deem it hazardous to proceed in the ordinary way 
 without being authorised by a vote of the sovereign 
 assembly. In this point it differed from the €10-07- 
 7eAio, that in the latter the people were called 
 
nPOBOAH'. 
 
 nPOBOAH'. 
 
 793 
 
 upon either to pronounce final judgment, or to 
 [i direct some peculiar method of trial ; whereas in 
 the irpoSoAij, after the judgment of the assembly, 
 the parties proceeded to trial in the usual manner. 
 I The court before whom they appeared, however 
 [ influenced they might be by the praejiidicium of 
 t the people, were imder no legal compulsion to 
 abide by their decision ; and on the other hand it 
 I is not improbable that if the people refused to give 
 1 judgment in favour of the complainant, he might 
 still proceed against his adversary by a ypaipi^, or 
 a private action, according to the nature of the 
 case. (Platner, Proc. u/id Kl. i. Siii.) 
 
 The cases to which the irpogoA?) was applied 
 wore compliiints against magistrates for official mis- 
 conduct or oppression ; against those public in- 
 fonners and mischief-makers who were called avKo- 
 (pavrai ; against those who outraged public decency 
 at the religious festivals ; and against all such as 
 by evil practices exhibited disaffection to the state. 
 (Harpoc. and Suidas, s.v. KaraxeipoTov'ia ; Pollu.t, 
 viii. 46 ; Aesch. de Fals. Ley. 47 ; Isocr. ir^pi ai/riS. 
 344. ed. Steph.) 
 
 With respect to magistrates, Schomann {deComit. 
 231 ) thinks that the irpoSoKai could only be brought 
 against them at those iirixfipoToviai which were 
 h. ld at the first Kvpia iKKKria'ia in every Prytanea, 
 when the people inquired into the conduct of ma- 
 gistrates, with a view to continue them in office or 
 depose them, according to their deserts. An ex- 
 ample of magistrates being so deposed occurs in 
 Demosth.e. Tluiocr. 1330. The people (says Scho- 
 mann) could not proceed to the iirixeipoTOi'la ex- 
 cept on the complaint (7rpogo\ij) of some individual; 
 the deposed magistrate was afterwards brought to 
 trial, if the accuser thought proper to prosecute the 
 matter further. There appears, however, to be no 
 authority for limiting the vgoSoKal aganist magi- 
 strates to these particular occasions; and other 
 writers have not agreed with Schomann on this 
 point. (Platner, Fioc. uiul Kl. i. 385 ; Meier, Att. 
 Proc. -273.) 
 
 An example of a ir^o&oATf against Sycophants is 
 that which the people, discovering too late their 
 error in putting to death the generals who gained 
 the battle of Arginusae, directed to be brought 
 against their accusers. (Xen. Hell. i. 7. § 39.) 
 Another occurs in Lysias (c. Ae/urat. 135. ed. 
 Steph.), where the words (TvAKtiSStiv airavTes Kal 
 tv S^fiip Koi if TC? 5ifca<TTT}p'iui (rvKocpavrias 
 KaTeyvoire, describe the course of proceeding 
 in this method of prosecution. (Schom. de Com. 
 234.) 
 
 Those who worked the public mines clandes- 
 tinely, and those who were guilty of peculation or 
 embezzlement of the public money, were liable to 
 a iTpn§o\ri. A case of embezzlement is referred to 
 by Demosthenes c. Mid. 584. (Schom. c; Plat- 
 ner, Froc. u-iid Kl. i. 381.) 
 
 But the irpogo\rj which has become most cele- 
 brated, owing to the speech of Demosthenes against 
 Midias, is that which was brought for misbelia- 
 viour at public festivals. We learn from the laws 
 cited in that speech (517, 518. 571) that -KpoSoKai 
 were enjoined against any persons who, at the 
 Dionysian, Thargelian, or Eleusinian festival (and 
 the same enactment was probably extended to 
 other festivals,) had been guilty of such an offence 
 as would fall within the description of drreSaa 
 irepl ioQTTiv. A riot or disturbance during the 
 ceremony, an assault, or other gross insult or out- 
 
 rage, committed upon any of the performers or 
 spectators of the games, whether citizen or foreigner, 
 and even upon a slave, much more upon a magistrate 
 orofiicerengaged in superintending the performance; 
 an attempt to imprison by legal process, and even 
 a levying of execution upon the goods of a debtor, 
 dm-ing the continuance of the festival, was held to 
 be a profanation of its sanctity, and to subject the 
 offender to the penalties of these statutes. For 
 any such offence complaint was to be made to the 
 Prytanes (i. e. the Proedri), who were to bring for- 
 ward the charge at an assembly to be held soon 
 after the festival in the theatre of Bacchus. The 
 defendant was to be produced before tiie assembly. 
 Both parties were heard, and tlien the people pro- 
 ceeded to vote by show of hands. Those who 
 voted in favour of the prosecution were said /cara- 
 X^tQOTovuv, those who were against it aTrox^igo- 
 Tovuv. The complainant was said vgoSaKMoBat 
 rov dSiKovvra, and the people, if they condemned 
 him, wgoKaTayvovvai. (Demosth. c. Mid. 578. 583 
 58(;.) 
 
 Some difficulty has arisen in explaining the fol- 
 lowing words in the law above referred °to : rds 
 
 irooSoAis TragaSt56To>aau oaai av firj iKTfTi(T/j.€vai 
 ua-iv. Platner {Proi: uiul Kl. i. 384) and Schu- 
 mann {de Com. 238) suppose that by these words 
 the Prytanes are commanded to bring before the 
 people those complaints, for which satisfaction has 
 not been made by the offender to the prosecutor- 
 and, to show that a compromise would be Icral 
 Platner refers to Demosthenes, c. Mid. 563. 583 • 
 to which we may add the circumstance that De- 
 mosthenes is said to have compromised his charge 
 against Midias for a sum of money. Meier {Att. 
 Proc. 21 o) explains it thus: that the Prytanes (or 
 rather Proedri) were to bring before the people all 
 the irgoSoAai, except those of a trifling charac- 
 ter, for which they were themselves empowered 
 to impose a fine. (As to the power of fining see 
 Ait. Proc. 34.) If we suppose the complaint to 
 take the name of ivoo§o\-/i upon its being presented 
 to the Proedri, the expression iKT^TianivT) irpoSoK-fi 
 will cause no difiiculty ; for as Si'/oji/ rivuv si.aiifies 
 to pay the damages awarded in an action, so ngo- 
 SoArlv Tif€ic may signifj-, to pay the fine imposed 
 by the magistrates before whom the charge was 
 brought ; and ngoSoAriv is not used improperly for 
 evrigoArjc, any more than SiK-qv is for ri/xTifia in the 
 otlicr case. I'erhaps there is more force in another 
 objection urged by Platner, viz., that (according to 
 this interpretation) the not bringing tlie case before 
 the assembly is made to depend on the non-pai/- 
 maiit, and not (as might have been e.xpected) on 
 the iinpomtion of the fine. 
 
 The people having given their sentence for the 
 prosecution, the case was to be brought into the 
 court of Heliaca. In certain cases of a serious 
 nature the defendant might be required to give 
 bail for his appearance, or (in default thereof) go 
 to prison. (Meier, Aft. Proc. 276.) The persons 
 on whom devolved the Tjye/ioi/ia SiKaarrte'i-ov were 
 according to Pollux (viii. 87), the Thcs^mothetae! 
 Meier [1. c.) think-s this would depend on the 
 nature of the cause, and that upon a charge for the 
 profanation of a festival, the cognizance would be- 
 long to such of the three superior arclions as had 
 the superintendence thereof. This would (no 
 doubt) follow from the ordinary principles of Athe- 
 nian jurisprudence ; but it may be conceived that 
 the extraordinary nature of the complaint by trgo- 
 
794 
 
 nPO'BOTAOI. 
 
 PROCONSUL. 
 
 €oA7j might take it out of the common course of 
 practice. (Plainer, 385.) The dicasts had to pro- 
 nounce their verdict on the guilt of the part}', and 
 to assess the penalty, which might be death, or 
 only a pecuniary fine, according to their discretion. 
 The trial (it seems) was attended with no risk to 
 the prosecutor, who was considered to proceed under 
 the authority of the popular decree. (Meier, ^ ft. 
 I'roc. -277.) [C. R. K.] 
 
 nPOBOT'AETMA. [BOTAH', p. 15G, 157.] 
 nPO'BOTAOl, a name applicable to any persons 
 who are appointed to consult or take measures for 
 ■ the benefit of the people. Thus, the delegates who 
 were sent by the twelve Ionian cities to attend 
 the Panionian council, and deliberate on the affairs 
 of the confederacy, were called irpuSovKoi. (Ilerod. 
 vi. 7.) So were the deputies sent by the several 
 Greek states to attend the congress at the Isthmus, 
 on the occasion of the second Persian invasion 
 (Herod, vii. 172) ; and also the envoys whom the 
 Greeks agreed to send annually to Plataea. (Plu- 
 fcirch, Arist. 21.) The word is also used, like 
 vofi<><pv\aK€S, to denote an oligarchical body, in 
 whom the government of a state was vested, or 
 who at least exercised a controlling power over the 
 senate and popular assemblies. Such were the 
 sixty senators of Cnidus ; and a similar body ap- 
 pears to have existed at Megara, where, although 
 democracy prevailed at an earlier period, the go- 
 vernment became oligarchical before the beginning 
 of the Peloponnesian war. (Arist. J'ul. iv. 12. 8; 
 vi. 5. 13; Mailer, Dur. iii. 9. § 1 0 ; Wachsmuth, 
 Altcrih. I. ii. 91 ; Schomaini, Aiiti<j.Jur. puU. 82.) 
 A body of men called icpoSovkoi were appointed at 
 Athens, after the end of the Sicilian war, to act as 
 a committee of public safety. Thucydides (viii. 1 ) 
 calls them dpx^v riva. irpiaSurepuv dv5puu, oUtvis 
 irepi Toiv Tiapovrav av KaipSs jj irpoSouX^vo'uvai. 
 They were ten in number. (Suidas, s.r. UptiSovAoi.) 
 Whether their appointment arose out of any con- 
 certed plan for overturning the constitution, is 
 doubtful. The ostensible object at least was dif- 
 ferent ; and the measures which they took for de- 
 fending their country, and prosecuting the war, 
 appear to have been prudent and vigorous. Tlieir 
 authority did not last much longer than a year ; 
 for a year and a half afterwards Pisander and his 
 coUeagnies established the council of Four Hundred, 
 by which the democracy was overthrown. (Thucyd. 
 viii. 07 ; Wachsmuth, I. ii. 197.) The first step 
 which had been uken by Pisander and his party, 
 was to procure the election of a body of men, 
 called ^vyypa(lieis avTOKparopes, who were to draw 
 uj) a plan, to be submitted to the people, for 
 remodelhng the constitution. Thucydides says 
 they were ten in number. Harpocration (s. v. 
 Sio^pa^eis) cites Androtion and Pliilochorus as 
 liaving stated that thirty were chosen, and adds, 
 'O 5e QuvKuSiS-qs rwu Sena i ixn)fj.6i'evae fi6vov rwv 
 ■npoSovXav. This and the language of Suidas {s.v. 
 npdgouAol) have led Schomann to conjecture that the 
 irpoSouKoi were elected as avyypajpels, and twenty 
 more persons associated with them, making in all 
 the thirty mentioned by Androtion andPhilochorus. 
 {A>it. jur. pub. 181.) Others have thought that 
 tlie (Tiiyypa<p(7s of Thucydides have been con- 
 founded by grammarians with the thirty tyrants, 
 wlio were first chosen oi roi/s irar^iour v6p.ovs 
 (rvyygoff/uxn Ka6' ous irokinvfTovm. (Xen. Uell. 
 ii. 3. § 2 ; Goeller, ad Thuc. viii. 0'7.) These 
 Athenian irgdSuvKui are alluded to by Aristophanes 
 
 in the Lysistrata (4G7), wliich was acted the year t 
 after tile Sicilian defeat, and by Lysias, c. Eratosth. 
 12b'. ed. Steph. [t;. R. K.] 
 
 nPOXElPOTONl'A. [BOTAH', p. 157.] 
 nPO'KAHSlS. [AIAITHTAI', p. 330.] 
 PROCONSUL is an officer who acts in the 
 place of a consul without holding the office of con- 
 sul itself ; tliough the proconsul was generally one 
 who had held the office of consul, so that the pro- 
 consulship was a continuation, though a modified 
 one, of the consulship. The first time that we 
 meet with a consul, whose imperium was prolonged , 
 after the year of his consulship, is at the com- 
 mencement of the second Samnite war, at the end 
 of the consular year 327 b. c, when it was thought 
 advisable to prolong the imperium (iinperiutii pro- 
 ro(/are) of (j. Publilius Philo, whose return to Rome 
 would have been followed by the loss of most of 
 the advantages that had been gained in his cam- 
 paign. (Liv. viii. 23. 20'.) The power of proconsvd 
 was conferred by a senatusconsultum and plebis- 
 citum, and was nearly equal to that of a regular 
 consul, for he had the imperium and jurisdictio, 
 but it differed inasmuch as it did not extend over 
 the city and its immediate vicinity (see Niebuhr, 
 Koiii. Gcm/i. iii. p. 214, who infers it from CJaius, iv. 
 104, 105), and was conferred without the auspicia 
 by a mere decree of the senate and people, and not 
 in the comitia for elections. (Liv. ix. 42 ; x. 22 ; 
 xxxii. 28 ; xxiv. 13.) Hence whenever a procon- 
 sul led liis army back to Rome for the purpose of 
 holding a triumph, the imperium (in iiriic) was 
 especially granted to him by the people, which 
 was, of course, not necessary when a consul tri- 
 umphed during the year of his office. Livy (iii, 
 4), it is true, mentions men appointed with pro- 
 consular power at a much earlier period than the 
 time of Publilius Philo ; but there is this difference, 
 that in this earlier instance the proconsidar power 
 is not an imperium proroyatum, but a fresh ap- 
 pointment as commander of the reserve, and 
 Niebuhr (y/zil of Rome, ii. p. 123) justly remarks 
 that Livj' here probably applies the phraseology of 
 a much later time to the commander of the reserve ; 
 and this is the more probable as Dionysius (ix. 12) 
 speaks of this avriijTparT\y6s as having been ap- 
 pointed by the consuls. Nineteen years after the 
 proconsulship of Publilius Philo, 308 B. c, Livy 
 (ix. 42) relates that the senate alone, and without 
 a plebiscituin, prolonged the imperium of the consul 
 Q. Fabius Maximus RuUianus ; but it is manifest 
 that here again Livy transfers a later institution to 
 a time when it did not yet exist ; for it was only 
 by the lex Maenia (230 B. c.) that the Senate ob- 
 tained the right to prolong the imperium. 
 
 When the number of Roman provinces had be- 
 come great, it was customary for the consuls, who 
 during the latter period of the republic spent the 
 year of their consulship at Rome, to undertake at 
 its close the conduct of a war in a province, or its 
 peaceful administration. (Cic. dc Nat. Dear. ii. 3 ; 
 Liv. xxxiii. 25 ; Cic. ad Fum. viii. 5. 13.) There 
 are some extraordinary cases on record in which a 
 man obtained a province with the title of proconsul 
 without having held the consulship before. The 
 first case of this kind occurred in B. c. 211, when 
 young P. Cornelius Scipio was created proconsul of 
 Spain in the comitia centuriata. (Liv. xxvi. 18.) 
 During the last period of the republic such cases 
 occurred more frequently. (Plut. Aeinil. Paul. 4; 
 Cic. dc L(iij(j. i. 20.) Respecting the powers and 
 
PRODIGIUM. 
 
 nPOAOSl'A. 
 
 79a 
 
 jurisdiction of the proconsuls in the provinces, see j 
 Provincia. 
 
 After the administration of the empire was 
 newly regulated by Constantine, parts of certain 
 dioceses were under the administration of pro- 
 consuls. Thus a part of the diocese of Asia, called 
 Asia in a narrower sense, Achaia in the diocese 
 of Macedonia, and the consular province in the 
 diocese of Africa, were governed by proconsuls. 
 (Walter, GescU. des Rom. Jiechts, p. 382, &c.) 
 
 [L. S.J 
 
 PROCURA'TOR is the person who has the 
 mana'rement of any business committed to him by 
 aiiiither. Thus it is applied to a person who main- 
 tains or defends an action on behalf of another, or, 
 us we should say, an attorney [Actio, p. 10] : to 
 a steward in a family [Calculator] : to an officer 
 in the provinces belonging to the Caesar, who at- 
 tended to the duties discharged by the quaestor in 
 the other provinces [Provincia]: to an officer en- 
 "aaed in the administration of the Fiscus [Fis- 
 cus, p. 423] : and to various other officers under 
 the empire. 
 
 PRODI'GIUM in its widest acceptation de- 
 notes any sign by which the gods indicated to men 
 a future event, whether good or evil, and thus in- 
 cludes omens and auguries of every description. 
 (Virg. Acii. V. 038; Servius ad loc; Plin. H. N. 
 xi. 3^7; Cic. in, Verr. u. iv. 49.) It is, however, 
 generally employed in a more restricted sense to 
 signify some strange incident or wonderful appear- 
 ance which was supposed to herald the approach 
 of misfortune, and happened under such circum- 
 stances as to announce that the calamity was im- 
 pending over a whole community or nation rather 
 than private individuals. The word may be con- 
 sidered synonymous with odeuium, monsirum, por- 
 ienium. " Quia enim ostendunt, portendunt, mons- 
 trant, praedicunt ; ostenta, portenta, monstra, pro- 
 digia dicuntur." (Cic. de Div. i. 42.) It should 
 be observed, however, that prodigiam must be de- 
 rived from ago, and not from dko, as Cicero would 
 liave it. 
 
 Since prodigies were viewed as direct manifesta- 
 tions of the wrath of heaven, and warnings of 
 coming vengeance, it was believed that this wrath 
 might be appeased, and consequently this venge- 
 ance averted, by prayers and sacrifices duly olfered 
 
 1 to the otfended powers. This being a matter which 
 deeply concerned the public welfare, the necessary 
 
 ! rites were in ancient times regularly performed, 
 under the direction of the pontifices, by the consuls 
 before they left the city, the solemnities being 
 called procuratio prodiyiorum. Although from the 
 very nature of the occurrences it was unpossible to 
 anticipate and provide for every contingency, we 
 have reason to know that rules for expiation, ap- 
 plicable to a great variety of cases, were laid down 
 in the Ostentaria, the Liltri Rituahs, and other 
 sacred books of the Etrurians (Cic. de Div. i. 33 ; 
 MuUer, Etruskei; i. p. 33. 3G. 343 ; ii. 30. 99. 
 122. 131. 14G. 337), with the contents of which 
 the Roman priests were well acquainted ; and when 
 the prodigy was of a very terrible or unprecedent- 
 ed nature it was usual to seek counsel from some 
 renowned Tuscan seer, fi'om the Sibylline books, or 
 even from the Delphic oracle. Prodigies were fre- 
 quently suft'ered to pass unheeded when they were 
 considered to have no direct reference to public 
 aifaii-s, as, for example, when the marvel reported 
 had been observed in a private mansion or in some 
 
 town not closely connected with Rome, and in tMs 
 case it was said tion suscipi, but a regular record of 
 the more important was carefully preserved in the 
 Annals, as may be seen from the numerous detiiils 
 dispersed throughout the extant books of Livy. 
 (See Liv. ii. 42 ; iii. 10 ; xxiv. 44 ; xxxvii. 3 ; xliii. 
 13 ; Miiller, die Etruskei; ii. p. 191 ; Ilartung, die 
 Rclitjioii der Romer i. p. 96 ; and for an interesting 
 essay on the illustrations of Natural History to be 
 derived from the records of ancient prodigies, 
 Heyne, Opusc. Acad. iii. p. 198. 255.) [ W. R.] 
 
 nPOAOSI'A. Under this term was included 
 not only every species of treason, but also every 
 such crime as (in the opinion of the Greeks) woidd 
 amount to a betraying or desertion of the interests 
 of a man's country. The highest sort of treason 
 was the attempt to establish a despotism {jvgavvls), 
 or to subvert the constitution (KaTa^ueif Ti)v ttoXi- 
 rdav), and in democracies KaTaXveiv tov Sijfiov 
 or TO Tr\rj6os. Other kinds of treason were a 
 secret correspondence with a foreign enemy ; a 
 betraying of an important trust, such as a fleet, 
 anny, or fortress ; a desertion of post ; a disobe- 
 dience of orders, or any other act of treachery, or 
 breach of duty in the public service. (Demosth, 
 pro Cor. 242; c. Lept. 481; c. Timoc. 745; c. 
 Timoth. 1204 ; pro Cor. Trierarch. 1230 ; Lj's. c. 
 Agor. 130, 131. ed. Steph. ; Lycurg. c. Leocr. 155. 
 ed. Steph.) It would be a betrayal of the state, to 
 delude the people by false intelligence or promises ; 
 or to disobey any special decree, such as that (for 
 instance) which prohibited the exportation of arms 
 or naval stores to Philip, and that which (after 
 Philip had taken possession of Phocis) forbade 
 Athenian citizens to pass the night out of the city. 
 (Demosth. c. Lept. 487. 498 ; pro Cor. 238 ; de 
 Fals. Leg. 433.) But not only would overt acts of 
 disobedience or treachery amount to the crime of 
 •jrgoSoffia, but also the neglect to perform those 
 active duties which the Greeks in general expected 
 of every good citizen. Cowardice in battle (SeiAi'a) 
 would be an instance of this kind ; so would any 
 breach of the oath taken by the t<pr]§oi at Athens ; 
 or any line of conduct for which a cliarge of dis- 
 affection to the people (fxitroSTifjia) might be suc- 
 cessfully maintained. (Xen. Cj/rup. vi. 4. § 14; 3. 
 § 27 ; Eurip. Phoeniss. 1003 ; Andoc. c Alcib. 30. 
 ed. Steph.; Lycurg. c. Lcoc. 157. ed. Steph.; De- 
 mosth. jiro Cor. 242.) Thus, we find persons, 
 whose offence was the propounding unconstitu- 
 tional laws, or advising bad measures, or the like, 
 charged by their political opponents with an at- 
 tempt to overthrow the constitution. (Demosth. 
 Tregl (TvvTal. 170 ; Aesch. c. Tiiiuirch. 1 ; e. Ctcs. 
 82. ed. Steph. ; Lys. pro Foli/st. 159. ed. Steph.) 
 Of the facility with which such charges might be 
 made at Athens, especially in times of political ex- 
 citement, when the most eminent citizens were 
 liable to be suspected of plots against the state, 
 history atfords abundant proof; and Greek history, 
 no less than modern, shows the danger of leaving 
 the crime of treason midefined by the law, and to 
 be interpreted by judges. (Aristoph. E(j. 23b'. 475. 
 862; Vesp. 483. 953; Wachsra. Hc/l. Alt. 1. ii. 
 154; II. i. 178.) One of the most remarkable 
 trials for constructive treason at Athens was that 
 of Leocrates, who left the city after the defeat at 
 Chaeronea, and was prosecuted by Lycurgus for 
 desertion of his country. The speech of Lycurgus. 
 is preserved to us, and is a good specimen of his 
 eloquence. The facts of the case are stated in p. 
 
796 
 
 nPOAOSl'A. 
 
 nPOMH'GEIA. 
 
 150. ed. Steph. Th<! nature of the charge may be 
 seen from various expressions of the orator, such as 
 ■jrgoSovs TOi)j veiHi koI rd eS?) /ca! toj 4v toij 
 vofiots dvcrias (147), /J-ri ^o-r\9-^cjas rots Trarglois 
 legois, t7KaTaAi7rt<;)' Trjv ttoKiv (148), oO avfiSe- 
 SArjixevos ovSiV els rriv rijs ir6\eois auTTjolav 
 (1.53), (petiyuu rov vveg rrjs irar^i'Sos KivSvuov 
 (154), and the like. The defence of the accused 
 was, that he did not leave Athens with a traitor- 
 ous intention (iirl vgoSoa'ia), but for the purposes 
 of trade (irrl ifiirog'ia). See Argument, and p. 155. 
 
 The ordinarj- method of proceeding against those 
 who were accused of treason or treasonable prac- 
 tices was by elaayyeKia, as in the case of Leo- 
 crates. (Pollux, viii. 5'2.) In some cases a yga<t>i^ 
 might be laid before the Thesniothetae. (Demosth. 
 c. iitcph. 1 1 37.) We read of an old law, by which 
 the jurisdiction in trials for high treason was given 
 to the archon /SaciAeiis. (Meier, Att. Proc. 50.) 
 But it could hardly be exj>ected that in a Greek 
 cit}- state offences would alwaj's be prosecuted ac- 
 cording to the forms of law ; and we find various 
 instances in which magistrates, generals, and 
 others, took a summary method for bringing 
 traitors and conspirators to justice. Thus a ccrtiiin 
 person, named Antiphon, who had promised Philip 
 to burn the Athenian arsenal, was seized by the 
 council of Areopagus, and afterwards put to the 
 torture, and condemned to death by the people. 
 (Demosth. pro Cor. 271 ; Aesch. c. Ctes. 89. ed. 
 Steph.) As to the power of the Areopagus, see 
 further Lycurg. c. Leoc. 154. The people in as- 
 sembl}' might of course direct anj' extraordinary 
 measures to be taken against suspected persons, as 
 they did in the affair of the Hermes busts(Thucyd. 
 vi. GO, 61), and by their ^fnjcpia-fia might supersede 
 even the fonn of a trial. So fearful were the 
 Athenians of any attempt to esfciblish a tyranny 
 or an oligarchy, that anj' person who conspired for 
 such purpose, or any person who held an office 
 under a government which had overthrown the 
 constitution, raiglit be slain with impunity. Every 
 citizen indeed was under an obligation to kill such 
 a person, and for so doing was entitled by law to 
 honours and rewards. (Andoc. de Mi/si. 12, 13. 
 ed. Steph. ; Lys. AT)/t. KaraK. dno\. 172. ed. 
 Steph.) 
 
 Tlie regular punishment appointed by the law 
 for most kinds of treason appears to have been 
 death (Xen. llellen. i. 7. § 22 ; Demosth. pro 
 Cor. 238; Lycurg. c. Leoc. 148. 152. ed. Steph.), 
 which, no doubt, might be mitigated by decree of 
 the people, as in the case of Miltiades (Herod, vi. 
 13(i) and many others. The less heinous kinds of 
 ngutoaia were probably punished at the discretion 
 of the court which tried them. (Demosth. c. Timoc. 
 740, t'. Tlieocr. 1344.) The goods of traitors, who 
 suffered death, were confiscated, and their houses 
 razed to the ground ; nor were they permitted to 
 be buried in the country, but had tlieir bodies cast 
 out in some place on the confines of Attica and 
 Megara. Therefore it was that the bones of The- 
 mistocles, who had been condemned for treason, 
 were brought over and buried secretly by his 
 friends. (Thucyd. i. 138.) The posterity of a 
 traitor became ari/ioi, and those of a tyrant were 
 liable to share the fate of their ancestor. (Meursius, 
 Tlictn. Ait. ii. 2. 15 ; Platner, Proc. und Ktu(j. ii. 
 82; Meier, Att. Proc. 341, De hon. damn. 11 — 
 13. 136.) Traitors might be proceeded against 
 even after their death, as we have seen done in 
 
 modem times. Thus, the Athenians resolved to 
 prosecute Phr^aiichus, who had been most active 
 in setting up the oligarchy of the Four Hundred 
 (toc veKgov Kgiveiv irgoSotrtas), and also to sub- 
 ject his defenders to the punishment of traitors, in 
 case of a conviction. This was done. Judgment 
 of treason was passed against Phrynichus. His 
 bones were dug up, and cast out of Attica ; his de- 
 I fenders put to death ; and his murderers honoured 
 with the freedom of the city. (Thuc. viii. 92 ; 
 Lysias, c. A<jor. 130 ; Lvcurg. c. Leocr. 164. ed. 
 Steph.) " [C. R. K.] 
 
 nP0A02l'A2 rPA*H'. [nP0A05I'A.] 
 nPO'EAPOI. [BOTAH', p. 156. 158.] 
 nPOHAPO'2IA, or nPOHAPOSI'AI, were sacri- 
 fices (or, according to other writers, a festival) 
 offered to Demeter at the time when the seeds 
 were sown, for the purpose of obtaining a plentiful 
 harvest. (Suidas, Hesych., Etymol. Slag. x. v. ; 
 Arrian in Ejmiet. iii. 21.) According to Suidas 
 the Athenians performed this sacrifice in 01. 5. on 
 behalf of all the Greeks ; but from all the other 
 accounts it would appear that the Athenians did 
 so at all times, and that the instance mentioned by 
 Suidas is only the first time that proerosia were 
 offered by the Athenians for all the Greeks. They 
 are said to have been instituted on the command 
 of some oracle at a time when all the world was 
 suffering from scarcity or from the plague. (Suid. 
 s. V. Elpecrtwfri • compare Lj'curg. Fragm. c. AIi- 
 7iesacvJi .) [L. S.] 
 
 nPOEI2*OPA'. ['EI2<l>OPA', p. 371.] 
 nPOEI2<i'OPA*2 AI'KH, an action brought by 
 a member of a Syramoria, to recover a rate paid on 
 account of another. The Symmoriae being so 
 arranged, that three hundred of the richest men 
 were selected to form a superior board, responsible 
 to the state in the first instance for the collection 
 of a property tax ; the people passed a decree, in 
 case of need, commanding them to pay the whole 
 tax in advance. These then were entitled to be 
 reimbursed by the remaining nine hundred of the 
 Symmoriae, and each of them probably had a cer- 
 tain number assigned to him by the Strategi for 
 that purpose ; against whom he might bring actions 
 for contribution according to their respective assess- 
 ments. To recover money so advanced was called 
 vgoei(T<pogd.v Koni^ecrdai. [Demosth.c. Pantaeti. S77 ; 
 c. Phavnipp. 1046; c. Poli/cl. 1208.) This cause, 
 like others relating to the property tax and the 
 trierarchy, belonged to the jurisdiction of the Stra- 
 tegi. (Bockh, Staatsh. der Ath. ii. 70, 71 ; IMeier, 
 Att. Proc. 107. 550.) [C. R. K.j 
 
 PROELIA'LES DIES. [Die.s, p. 340.] 
 PROFESTI DIES. [Dies, p. 340.] 
 nPOFA'MEIA. [Maiiiuagb(Gkeek), p.598.J 
 nPOI'E. [Dos ((Jreek).] 
 PROLETA'RII. [Caput.] 
 nPOMH'QEIA, a festival celebrated at Athens 
 in honour of Prometheus. (Xenoph. dc Rc PuU. 
 Ath. 3. § 4 ; Harpocrat, s. v. AafxTrds.) The time 
 at which it was solemnised is not known, but it 
 was one of the five Attic festivals, which wore 
 held with a torch-race in the Ceramicus (Harpo- 
 crat. /. c. ; Schol. ud Aristoph. Han. 131 ; comj). 
 AAMnAAH*0'PIA), for which the gyranasiarchs 
 had to supply tlie youths from the gj-mnasia. Pro- 
 metheus himself was believed to have instituted 
 this torch-race, whence he was called the torch- 
 bearer. (Hygin. Poet. Aslr. ii. 15 ; Eurip. Plwenit-s. 
 1139 ; Phiiostrat. Fit. Sop/iist. ii. 20.) The torch- 
 
PROSCRIPTIO. 
 
 npoTPT'riA. 
 
 797 
 
 race of the Prometheia commenced at the so-called 
 altar of Prometheus in the academia (Pans. i. 30. 
 § 2.), or in the Ceramicus, and thence the youths 
 with their torches raced to the city. (Welcker, 
 Die Aeschi/l. TnUig. p. 120, &c.) [L. S.] 
 
 ! PROMISSOR. [Oblioationes, p. 653.] 
 PROMULSIS. [CoBNA, p. 251.] 
 I'RO'NUBAE, PRO'NUBI. [Marriage 
 (K(i.-man), p. (J05.] 
 PROPNIGE'UM. [Baths, p. 142.] 
 PROPRAETOR. [Provincia.] 
 PROPRI'ETAS. [Dominium.] 
 PROQUAESTOR. [Quaestor.] 
 PRORA. [Ships.] 
 PROSCE'NIUM. [Thbatrum.] 
 nPO':SKAH5I2. [AI'KH, p. 335.] 
 I PROSCRIPTIO. The verb proscrihcre pro- 
 I perly signihes to exhibit a thing for sale by means 
 of a bill or advertisement : in this sense it occurs 
 I in a great many passages. But in the time of 
 i Sulla it assumed a very ditferent meaning, for he 
 applied it to a measure of his own invention (Vel- 
 lei. ii. 28.), namely, to the sale of the property of 
 those who were put to death at his command, and 
 who were themselves called proscrlpii. Towards 
 tlie end of the year 82 B.C. Salla, after his return 
 from Praeneste, declared before the assembly of 
 the people that he would improve their condition, 
 and punish severely all those who had supported 
 the party of Marius. (Appian. Cii-il. i. 95.) The 
 i people appear tacitly to have conceded to him all 
 the power whicli he wanted for the execution of 
 i his design, for the lex Cornelia de proscriptione et 
 proscriptis was sanctioned afterwards when he was 
 I made dictator. (Cic. De Li'iiy. i. 15 ; de Leg.Agr. 
 iii. 2, &c. : Appian, Civil, i. 98.) This law, which 
 was proposed by the interrex L. Valerius Flaccus 
 at the command of Sulla, is sometimes called lex 
 Coniclia (Cic. c. Verr. i. 47.), and sometimes lex 
 A'aleria. Cicero (p;'o Rose. Am. 43.) pretends not 
 to know whether he should caU it a lex Cornelia 
 or Valeria. (Corap. Schol. Gronov. p. 435, ed. 
 Orelli.) 
 
 Sulla drew up a list of the persons whom he 
 wished to be killed ; and this list was exhibited 
 in the fonnn to public inspection. Every person 
 contained in it was an outlaw, who might be 
 killed by any one who met him with impunity, 
 even by his slaves and his nearest relatives. AU 
 his property was taken and publicly sold. It may 
 naturally be supposed that such property was sold 
 at a very low price, and was in most cases pur- 
 chased by the friends and favourites of Sulla ; in 
 some instances only a part of the price was paid 
 at which it had been purchased. (Sallust, Fraym. 
 p. 238, ed. Gerlach.) The property of those who 
 had fallen in the ranks of his enemies was sold in 
 the same manner. (Cic. ^;j-o Ruse. Am. 43.) Those 
 who killed a proscribed person, or gave notice of 
 his place of concealment, received two talents as a 
 reward ; and whoever concealed or gave shelter to 
 a proscribed, was punislied with death. (Cic. e. 
 Verr. i. 47 ; Pint. Sull 31 ; Suet. Caas. 11.) But 
 this was not all ; the proscription was regarded as 
 a corruption of blood, and consequently the sons 
 and grandsons of proscribed persons were for ever 
 excluded from all public offices. (Plut. I. c. ; Vellei. 
 ii. 28 ; Quinctil. xi. 1. 85.) 
 
 After this example of a proscription had once 
 been set, it was readily adopted by those in power 
 during the civil commotions of subsequent years. 
 
 This was the case during the triumvirate of An- 
 t(mius, Caesar, and Lepidns. (43 B. c.) Their 
 proscription was not less formidable than that of 
 Sulla, for 2000 equites and 300 senators are said 
 to have been murdered. (Appian, Civil, iv. 5 ; 
 Vellei. ii. 66 ; Suet. Aitg. 27 ; Liv. Epit. lib. 120.) 
 
 [L. S.] 
 
 nPOSTi'MHMA. [TI'MHMA.] 
 nPOSTA'THS. [LiBERTUS (Greek) ; ME'- 
 TOIKOI.] 
 
 nP02TA'TH2 TOT" AH'MOT, a leader of the 
 people, denoted at Athens and in other demo- 
 cratical states, a person who by his character and 
 eloquence placed himself at the head of the people, 
 and whose opinion had the greatest sway amongst 
 them (Plato, Rep. viii. p. 565. c): such was 
 Pericles. It appears, however, that iTpourart]s 
 ToO Srifiou was also the title of a public officer in 
 some Doric states. (Muller, Dor. iii. 9. § 1 ; 
 Wachsmuth, i. 2. p. 435, &c. ; G. C. Muller, de 
 Corci/r. Rep. p. 49; K. F. Heuna,nn, Lehrbueh, 
 &c. § 69. 3. 4.) 
 
 nPO'0E2I2. [FuNus, p. 435.] 
 
 nPO0E2Ml'A, the term limited for bringing 
 actions and prosecutions at Athens. In all systems 
 of jurisprudence some limitation of this sort has 
 been prescribed, for the sake of quieting possession, 
 and affording security against vexatious litigation. 
 The Athenian expression ngoBiafMias vo/ios corre- 
 sponds to our statute of limitations. The time for 
 commencing actions to recover delits, or compensa- 
 tion for injuries, appears to have been limited to 
 five years at Athens. Tois aSiKovfievois 6 2o'Aa)V 
 Ta TreVre eri) iKavoy •qyijaar' ilvai (l(Tivgd^a(Tdai, 
 (Demosth. pro P/iorni. 952 ; c. Nausim. 989 ; Har- 
 poc. s. 'V. UgoBeafiias cd/xos.) Inheritance causes 
 stood on a peculiar footing. When an estate had 
 been adjudged to a party, he was still liable to an 
 action at the suit of a new claimant for the whole 
 period of his life ; and his heir for five years after- 
 wards. This arose from the anxiety of the Athe- 
 nians to transmit inheritances in the regular line 
 of succession. [Heres (CiREEk).] The liability 
 of bail continued only for a year (^eyyiai iwereiot 
 ntrac), and of course no proceeding could be taken 
 against them after the expiration of the year. (De- 
 mosth. c. Apaitir. 901.) It is doubtful whether 
 any period was prescribed for bringing criminal pro- 
 secutions, at least for oifences of the more serious 
 kind, though of course there would be an indispo- 
 sition in the jury to convict, if a long time had 
 elapsed since the offence was committed. (Lys. c. 
 Simon. 98; ircgl tou (ttikoG, 109; c. Agor. 137. 
 ed. Steph.) Certain cases, however, must be ex- 
 cepted. The ygafv ■naQav6fiwv could only be 
 brought within a year after the propounding of the 
 law. (Tlagavop-uv '/ga{pri, and Schcim. de Comit, 
 278.) And the eidvvai against magistrates were 
 limited to a certain period, according to Pollux 
 (viii. 45). Amnesties or pardons, granted by spe- 
 cial decrees of the people, scarcely belong to this 
 subject. (See Aesch. c. Timareh. 6. ed. Steph.) 
 The term irgodfafj-ia is applied also to the time 
 which was allowed to a defendant for paying da- 
 mages, after the expiration of which, if he had not 
 paid them, he was called VTrepTi/J-^gos, vviOTrgoBea-- 
 TTos, or tKTTgoSeafios. (Meier, Att. Proe. 636. 746.) 
 
 [C. R. K.] 
 nPO'eXPA. [House (Greek), p. 492.] 
 nPOTPT'riA, a festival celebrated in honour of 
 Dionysus, surnamed Protryges, and of Poseidon. 
 
798 
 
 PROVINCIA- 
 
 PROVINCIA. 
 
 (Hesych. s. i\ ; Aelian. V. H. iii. 41.) The origin 
 and mode of celebration of this festival at Tyre 
 are described by Achilles Tatius (ii. init.). 
 
 [L. S.] 
 
 PROVI'NCIA. The original meaning of this 
 word seems to be " a duty " or " matter entrusted 
 to a person," as we see in various passages ; though 
 some writers, apparently not correctly, consider 
 this sense of " provincia" to be derived from that 
 ordinary acceptation of it which will presently be 
 mentioned. The etymology appears to be un- 
 certain ; but if the usual orthography be correct, 
 it is dirticult to assign any other meaning to the 
 verb than to " push forward," " to drive before 
 one," and in this sense Provincia is the com- 
 mission which a Roman general received to di'ive 
 the enemy from tlie Roman state. (Goettling, 
 Gcschicktc (kr Horn. Staatsv. p. 413.) But this 
 sense of the word, if it was the original one, be- 
 came changed in the course of time, or perhaps it 
 received additions to its meaning. Thus for in- 
 stance in the age of Cicero, Provincia denoted a 
 part of the Roman dominion beyond Italy which 
 had a regular organization and was under Roman 
 administration. This is the ordinary sense of the 
 word, that of a foroigii tcn'itory in a certain rela- 
 tion of subordination to Rome. It is clear how- 
 ever from Livy (ii. 40 ; iii. 2) that the word was 
 also used, before the establishment of any pro- 
 vincial governments, to denote a district or enemy's 
 country which was assigned to a general as the 
 field of his operations ; a cu'cumstance which con- 
 firms the correctness of the primary meaning of 
 the word as above explained. 
 
 The Roman State in its complete developement 
 consisted of two parts with a distinct organization, 
 Italia and the Provinciae. There were no Pro- 
 vinciae in this sense of the word till the Romans 
 had extended their conquests beyond Italy ; and 
 Sicily (Cic. Vcrr. ii. ii.) was the first country that 
 was made a Roman Province : Sardinia was made 
 a Province B. c. 235. The Roman province of 
 Gallia Ulterior in the time of Caesar was sometimes 
 designated simply by the term Provincia (Caesar, 
 BM. O'dlt. i. 1.7, &c.), a name which has been 
 perpetuated in the modern Provence, 
 
 A conquered country received its provincial 
 organization either from the Roman commander, 
 whose acts required the approval of the Senate ; 
 or the government was organized by the com- 
 mander and a body of commissioners appointed by 
 the Senate out of their own number. The mode of 
 dealing with a conquered country was not uniform. 
 Wlien constituted a Provincia, it did not become 
 to all purposes an integral part of the Roman 
 State ; it retained its national existence, though it 
 lost its sovereignty. The organization of Sicily 
 was completed by P. Rupilius with the aid of ten 
 legates, and his constitution is sometimes referred 
 to under the name of Leges Rupiliae. [Lex, p. 
 5G5.] The island was formed into two districts, 
 with Syracuse for the chief town of the eastern 
 and Lilybaeum of the western district : the whole 
 island was administered by a governor annually 
 sent from Rome. He was assisted by two Quaes- | 
 tors and was accompanied by a train of praecones, | 
 scribae, haruspices, and other persons, who fonned 
 his Cohors. The Quaestors received from the Ro- 
 man aerarium the necessary sums for the adminis- 
 tration of the island, and thej' also collected the | 
 taxes, except tliosc which were farmed by the j 
 
 Censors at Rome. One quaestor resided at Lily- 
 baeum, and the other with the governor or Praetor 
 at SjTacuse. The governor could dismiss the 
 quaestors from the province, if they did not con- 
 form to his orders, and could appoint Legati to do 
 their duties. The whole island was not treated 
 exactly in the same way. Seventeen conquered 
 towns forfeited their land, which was restored 
 on condition of the payment of the decimae and 
 the scriptura. But this restoration must not be 
 understood as meaning that the ownership of the 
 land was restored, for the Roman State became the 
 owner of the land, and the occupiers had at most a 
 Possessio. These taxes or dues were let to farm 
 by the censors at Rome. Three cities, Messana, 
 Tauromenium, and Netum, were made Foederatae 
 Civitates, and retained their land. The duties of 
 Foederatae Civitates towards the Roman State are 
 explained in anotlier place. [Foederatae Civi- 
 tates.] Five other cities, among which were 
 Panonnus and Segesta, were Lil)erae et Immunes, 
 that is they paid no decimae ; but it does not ap- 
 pear whetlier they were free from the burdens to 
 which the Foederatae Civitates as such were sub- 
 ject by virtue of their Foedus with Rome. Before 
 the Roman conquest of Sicily, the island had been 
 subject to a papnent of the tenth of wine, oil, and 
 other products, the collecting of which had been - 
 determined with great precision by a law or regu- 
 lation of King lliero {Lea' Hicroiika). The 
 regulations of Hiero were preserved and these 
 tenths were let to farm by the Quaestors in Sicily 
 to Sicilians and Romans settled in Sicily : the 
 tenths of the first-mentioned towns were let to farm 
 to Romans in Rome. The towns which paid the 
 tenths were called by the general name of Sti- 
 pendiariae. 
 
 For the administration of justice the island was 
 divided into Fora or Conventus, which were terri- 
 torial divisions. Sicilians who belonged to the 
 same town had their disputes settled according to 
 its laws ; citizens of different towns had their 
 disputes decided by judices appointed by lot 
 by the governor ; in case of disputes between 
 an indi\-idual and a community, the Senate of 
 any Sicilian town might act as judices, if the 
 parties did not choose to have as judices the 
 Senate of their own towns ; if a Roman citizen 
 sued a Sicilian, a Sicilian was judex ; if a 
 Sicilian sued a Roman citizen, a Roman was judex ; 
 but no person belonging to the Cohors of a Praetor 
 could be judex. Thitse were the provisions of the 
 Rupiliae Leges. Disputes between the lessees of 
 the tenths and the Aratores were decided according 
 to the rules of Hiero. (Cic. Verr. ii. ii. 13.) The 
 settlement of the Municipal constitution of the 
 to\vns was generally left to the citizens ; but in 
 some instances, as in the case of C. Claudius Mar- 
 cellus and the town of Alesa, a constitution was 
 given by some Roman at the request, as it appears, 
 of the town. The Senate and the People still con- 
 tinued as the component parts of the old Greek 
 cities. Cicero mentions a body of 130 men called 
 censors who were appointed to take the census of 
 Sicily every five years, after the fashion of the 
 Roman census (in Vcrr. Ii. ii. .55, &c.). The island 
 was also bound to furnish and maint;un soldiers 
 and sailors for the service of Rome, and to pay tri- 
 butum for the carrying on of wars. The governor 
 could take provisions for the use of himself and 
 his cohors on condition of paying for them. The 
 
PROVINCIA. 
 
 PROVINCIA. 
 
 799 
 
 Roman State had also tlie Portoria which were let 
 to farm to Romans at Rome. 
 
 The governor had complete Jurisdictio in the 
 island with the Impcrium and Potestas. He could 
 delegate these powers to his quaestors, but there 
 was always an appeal to him, and for this and 
 other purposes he made circuits through the dif- 
 ferent Conventus. 
 
 Such was the organization of Sicilia as a pro- 
 ' vince, which may be taken as a sample of the 
 f;eneral character of Roman provincial government. 
 Sicily obtained the Latinitas from Julius Caesar, 
 and the Civitas was given after his death (Cic. ad 
 ! Alt. xiv. 12); but notwithstanding this there re- 
 mained some important distinctions between Sicily [ 
 and Italy, as hereafter explained. The chief | 
 aiuliority for this account of the Provincial organi- 
 zation of Sicily is the Verrine orations of Cicero. 
 
 Ilispania was formed into two Provinces, Citerior 
 or Tarraconensis between the Iberus and the 
 Pyrenees, and Ulterior or Baetica south of the 
 Iberus. Hispania Citerior was divided into seven 
 ('"iiventus, — Carthaginiensis, Tarraconensis, Cae- 
 sar. uig-ustanus, Cluniensis, Asturum, Lucensis, and 
 I'liacarum. The diversity of the condition of the 
 M \('ral parts of the Province appears from the 
 . enumeration of Coloniae, ( )ppida Civium Roman- 
 orum, Latini veteres, Foederati, Oppida stipen- 
 diaria. Hispania Baetica was divided into 
 four Juridici conventus, — Gaditanus, Cordu- 
 beusis, Astigitanus, Ilispalensis. The oppida con- 
 
 ■ sistcd of Coloniae, Municipia, Latio antiquitus 
 
 ■ donata, which appear to be equivalent to Latini 
 I veteres, Libera, Foederata, Stipendiaria. (Plin. iii. 
 ■1.3.) The Provincia of Lusitania was divided 
 
 into three Conventus, — Emeritensis, Pacensis, and 
 Scalobitauus. The classes of Oppida enumerated 
 
 I are Coloniae, Municipia Civium Romanorum, Op- 
 pida Latii antiqui or vcteris, Stipendiaria. (Plin. 
 iv. 22.) This example will give some idea of the 
 Roman mode of administering a province for judi- 
 
 ' cial purposes. AH Hispania received the Latinitas 
 from Vespasian. (Plin. ii. 3.) The province paid 
 a fixed vectigal or land-tax in addition to the tri- 
 butum which was collected by Praefecti, and in 
 addition to being required to deliver a certain 
 quantit}' of corn. And the Praetor had originally 
 the right to purchase a twentieth part at what 
 price he pleased. (Liv. xliii. 2 ; compare Tacit. 
 Afii-k: 19 ; and Cic. in Ven: iii. 81, du acstimato 
 J'/ii Diento.) 
 
 This organization was not confined to the West- 
 ern Provinces. In Asia, for instance, there was a 
 1 Smymaeus Conventus which was frequented by 
 a great part of Aeolia ; the term conventus was 
 applied both to the territorial division made for 
 the administration of justice and also to the chief 
 city or place " in quern conveniebant." Ephesus 
 LMve name to another Conventus. As the Con- 
 vi'iitus was mainly formed for judicial purposes, 
 tlio term Jurisdictio is sometimes used as an equi- 
 valent. Thus Pliny (v. 29) speaks of the Sar- 
 diana Jurisdictio, which is the same as Sar- 
 diauus conventus. The object of this division is 
 further shown by such phrases as " eodem discep- 
 tant foro," " Tarracone disceptant populi xliii." 
 
 Strabo remarks (xih. p. G29) that the boundaries 
 of Phrygia, Lydia, Caria, and Mysia were con- 
 fused, and that tlie Romans had added to the 
 confusion, by not intending to the subsisting na- 
 tional divisions, but making the administrative 
 
 divisions different {ras SioiK-qaeis), in which are the 
 Fora {dySpas M.S.) and the administration of 
 justice. The word dyopa probably represents 
 Conventus (as to the reading, see Casaubon's note). 
 The Conventus, it appears, were sometimes held 
 {coinv?ifus acti) in the winter (Caesar, Hell. Gall. i. 
 54 ; vi. 44) ; but in Caesar's case this might Ije a 
 matter of convenience. Cicero proposed to do the 
 same in his province {ad Alt. v. 14). The ex- 
 pression " forum agere" is equivalent to " con- 
 ventum agere." 
 
 The Conventus were attended by the Romans 
 who were resident in the province, among whom 
 were the publicani, and generally by all persons 
 who had any business to settle there. The judices 
 for the decision of suits were chosen from the per- 
 sons who attended the conventus. Other acts 
 were also done there, which were not matters of 
 litigation but which required certain forms in order 
 to be legal. In the case of manumission by per- 
 sons under thirty years of age certain forms were 
 required by the Lex Aelia Sentia, and in the pro- 
 vinces it was effected on the last day of the Conven- 
 tus (Gains, i. 20) ; from which it appears that Con- 
 ventus means also the time during which bnsiness 
 was transacted at the place " in quem conveniebant." 
 
 The governor upon entering on his duties pub- 
 lished an edict, which was often framed upon the 
 Edictum Urlianum. Cicero when Proconsul of 
 Cilicia says that on some matters he framed an 
 edict of his own, and that as to others he referred 
 to the Edicta Urbana. {Ad Ail. vi. 1.) Though 
 the Romans did not fonnally introduce their law 
 into the provinces, and so much of it as applied to 
 land and the status of persons was inapplicable to 
 Provincial land and Provincial persons, great 
 changes were gradually introduced by the edictal 
 power both as to the forms of procedure and all 
 other matters to which the Roman Law was ap- 
 plicable ; and also by special enactments. (Gains, 
 i. 11(3. 185 ; iii. 122.) 
 
 There was one great distinction between Italy 
 and the Provinces as to the nature of property in 
 land. Provincial land could not be an object of 
 Quiritarian ownership, and it was accordingly ap- 
 ])ropriately called Possessio. The ownership of 
 Provincial land was either in the Populus or the 
 Caesar : at least this was the doctrine in the time 
 of Gaius (ii. 7). Provincial land could be trans- 
 ferred without the forms required in the case of 
 Italian land, but it was subject to the pay- 
 ment of a land-tax (vectigal). Sometimes the 
 Jus Italicum was given to certain provincial 
 towns, by which their lands were assimilated to 
 Italian land, for all legal purposes. With the Jus 
 Italicum such towns received a free consti- 
 tution like that of the towns of Italy, with magi- 
 strates, as decemviri, quinquennales (censores) and 
 aediles ; and also a jurisdictio. It was a ground 
 of complaint against Piso that he exercised juris- 
 dictio in a Liljera Civitas. (Cic. de Prov. Com. 
 3.) Towns possessing the Jus Italicum in Hispania, 
 Gallia and other countries are enumerated. The 
 Latinitas or Jus Latii also, which was conferred on 
 many provincial towns, appears to have carried with 
 it a certain jurisdictio ; and those who filled certain 
 magistratus in these towns thereby obtained the Ro- 
 man Civitas. (Strabo, p. 186. Casaub.) It is not 
 easy to state what was the precise condition of the 
 Coloniae Romanac and Latinae which were esta- 
 blished in the Provinces : if the name is a certain 
 
800 
 
 PROVINCIA. 
 
 PROVINCIA. 
 
 indication of tlieir political condition, that is pretty 
 well ascertained. 
 
 It has been stated that the terms Italia and 
 Provinciae are opposed to one another as the com- 
 ponent parts of the Roman State, after it had re- 
 ceived its complete developement. Under the Em- 
 perors we find Gallia Cisalpina or Citerior an integral 
 part of Italy and without a governor, the Provincial 
 organization having entirely disappeared. In the 
 year b.c. 49 when Caesar crossed the Rubicon on 
 his march towards Rome, it was a Province of 
 which he was Proconsul, a circumstance which 
 gives a distinct meaning to this event. Cicero still 
 calls it Provincia Gallia at the epoch of the battle 
 of Mutina. In the autumn of B.C. 43 D. Brutus 
 the Proconsul of the Provincia Ciallia was mur- 
 dered, and from that time we hear of no more 
 Proconsuls of this Province, and it is a reasonable 
 conjecture that those who then had all the poli- 
 tical power were unwilling to allow any person to 
 have the command of an amy in a district so near 
 to Rome. The name Italia was however applied 
 to tills part of Italia before it became an integral 
 portion of the Peninsula by ceasing to be a Pro- 
 vincia. (Caesar, Bell. Gall. i. 54 ; v. 1 ; vi. 44, &c. ; 
 Cic. Phil. v. 12.) On the determination of the Pro- 
 vincial form of government in Gallia Cisalpina, it 
 was necessary to give to this part of Italy a new 
 organization suited to the change of circumstances, 
 particularly as regarded the administration of jus- 
 tice, which was effected by the Lex Rubria de 
 Gallia Cisalpina. Tile Proconsul of Gallia Cis- 
 alpina had tlie Imperium, but on his functions 
 ceasing, tlie Jurisdictio was placed in the hands of 
 local mugistratrs who had not the Imperium. These 
 magistratus could give a jude.x; in some cases 
 their jurisdiction was unUmited ; in others it did 
 not extend to cases above a certain amount of 
 money ; they could remit a novi opcris nuntiatio, 
 require a Cautio in case of Damnum Infectum, and 
 if it was not given, they could grant an action for 
 damages. 
 
 The Roman provinces up to the battle of Actiura 
 as enumerated by Sigonius are : Sicilia ; Sardinia 
 et Corsica ; Hispania Citerior et Ulterior ; Gal- 
 lia Citerior ; Gallia Narbonensis et Comata ; U- 
 lyricum ; Macedonia ; Achaia ; Asia ; Cilieia ; 
 Syria ; Bithj-nia et Pontus ; Cyprus ; Africa ; Cy- 
 renaica et Creta ; Numidia ; Mauritania. Those 
 of a subsequent date which were either new, or 
 arose from division are according to Sigonius : 
 Rhaetia ; Noricum ; Pannonia ; Moesia ; Dacia ; 
 Britannia ; Mauritania Caesariensis and Tingi- 
 tana; Aegjq)tus; Cappadocia; Galatia ; Rhodus ; 
 Lycia ; Comniagene ; Judaea ; Arabia ; Mesopo- 
 tamia ; Armenia ; Assyria. The accuracy of this 
 enumeration is not warranted. It will appear that 
 it does not contain Lusitania, which is one of tlie 
 two divisions of Hispania Ulterior, the other being 
 Baetica : Lusitania may however not have had a 
 separate governor. Originally the whole of Spain, 
 so far as it was organized, was divided, into the two 
 provinces Citerior and Ulterior ; the division of 
 Ulterior into Baetica and Lusitania belongs to a 
 later period. Under Augustus, (iallia was divided 
 into four provinces : Narbonensis, C'eltica or Lug- 
 dunensis, Belgica, and AquiUinia. The Provincia 
 of Caesar's Commentaries, from which term the 
 modern name Provence is derived, appears to have 
 corresponded to the subsequent province Narbon- 
 ensis. He had also the Province of Gallia Cis- 
 
 alpina, or Citerior (Caesar, Bell. Gall. i. 54) which, 
 as already explained, was subsequently incorpo- 
 rated with Italia as an integral part of it. Cicero 
 speaks of the two Galliae, as then united in one 
 Imperium under C. Julius Caesar, and he further 
 distinguishes them by the names of Citerior and 
 Ulterior. [De Prov. Com. ii. 15, 16.) The same 
 expressions are used by Caesar in his Commen- 
 taries. (Bell. Gall. i. 7. v. I, 2.) 
 
 Strabo (xvii. p. 840. Casaub.) gives the division 
 into Provinces (iirdpxiai) as constituted by Augus- 
 tus. The provinces of the Populus(S^/Uos) were two 
 consular provinces (uTraTiKcu'), and ten praetorian 
 provinces {a-TpaTrjyiai). The rest of the eparchies, 
 he saj's, belong to the Caesar. Lusitania is not 
 enumerated among the eparchies of the Populus, 
 and if it was a distinct eparchy, it must have be- 
 longed to the Caesar according to the principle of 
 the division of the provinces, as stated by Strabo. 
 The list of provinces in the " Demonstratio Pro- 
 vinciarum" (Ali/t/wi/. Vat. Bode) mentions the 
 Province of Astoria et Galloeca Lusitania. Dion 
 Cassius (liii. 12) states the distribution of the 
 Provinces by Augustus as follows : the Provinces 
 of Africa, Numidia, Asia, Hellas (Achaea) with 
 Epirus, Dahnatia, Macedonia, Sicilia, Creta with 
 the Cyrenaica, Bith3niia with the adjacent Pontus, 
 Sardinia, and Baetica belonged to the Senate and 
 the people (Sijfios and yepovaia). Tarraconensis, 
 Lusitania, all Gallia, Coele Syria, Phoeuice, Cilieia, 
 Cyprus, and Aegyptus, belonged to Augustus. He 
 afterwards toolt Dalmatia from the Senate, and 
 gave to them Cyprus and Gallia Narbonensis, and 
 other changes were made subsequently. 
 
 At hrst Praetors were appointed as governors of 
 provinces, but afterwards they were appointed to 
 the government of provinces, upon the expiration 
 of their year of office at Rome, and with the title 
 of Propraetores. In the later times of the re- 
 public, the consuls also after the expiration of their 
 year of office, received the government of a province 
 witli the title of Proconsules : such provinces were 
 called Consulares. Cicero was Proconsul of Cilieia 
 B. c. 55, and his colleague, in the consulship, C. 
 Antonius, obtained the proconsulship of Macedonia 
 immediately on the expiration of his consular office. 
 The provinces were generally distributed by lot, 
 but the distribution was sometimes arranged by 
 agreement among the persons entitled to them. 
 By a Sempronia Lex the proconsular provinces 
 were annually determined before the election of 
 the consuls, the object of which was to prevent all 
 disputes. A Senatusconsultum of the year 55 
 B. c, provided that no consul or praetor should 
 have a province till after the expiration of five 
 years from the time of his consulship or praetor- 
 ship. A province was generally held for a year, 
 but the time was often prolonged. When a new 
 governor arrived in his province, his predecessor 
 was requii-ed to leave it within thirty days. 
 
 The governor of a province had originally to ac- 
 count at Rome (ad urbem) for his administration 
 from his own books and those of his Quaestors ; 
 but after the passing of a Lex Julia B. c. (il, he 
 was bound to deposit two copies of his accounts 
 (ratiotws) in the two chief cities of his province 
 and to forward one{totidem w;i2s)to the Aerarium. 
 (Cic. ad Fam. ii. 17; v. 20.) If the governor 
 misconducted himself in the administration of the 
 province, the provincials applied to the Roman 
 Senate, and to the powerful Romans who were 
 
PROVINCIA. 
 
 PROVINCIA. 
 
 801 
 
 tli.^ir Patroni. Tlie offences of Repetiindae and 
 I'eciilatiis were tlie usual grounds of complaint b}" 
 the provincials ; and if a governor had betrayed the 
 interests of the State, he was also liable to the 
 penalties attached to Majestas. Quaestiones were 
 established for inquiries into these offences ; yet it 
 was not always an easy matter to bring a guilty 
 governor to the punishment that he deserved. 
 
 With the establishment of the Imperial power 
 under Augustus, a considerable change was made 
 in the administration of the provinces. Augustus 
 took the charge of those provinces where a large 
 military force was required ; the rest were left to 
 tlii^ care of the Senate and the Roman people. 
 (Strabo, xvii. p. f)40.) Accordingly we find in 
 the older jurists (Gains, ii. 2\) the division of 
 provinciae into those which were " propriae Populi 
 R.omani," and those which were " propriae Cae- 
 s;iris," and this division with some modifications 
 continued to the third century. The Senatorian 
 ]iriivinces were distributed among consulares and 
 till 1^0 who had filled the office of Praetor, two pro- 
 vinces being given to the consulares and the rest to 
 till' Praetorii : these governors were called Pro- 
 cniisules, or Praesides, which latter is the usual 
 ti'i iii employed by the old jurists for a provincial 
 •^iivernor. The Praesides had the jurisdictio of 
 till' Praetor Urbanus and the Praetor Pcregrinus ; 
 .mil their Quaestors had the same jurisdiction that 
 the Curnle Aediles had at Rome. (Gaius, i. 0.) 
 The Imperial provinces were governed bj' Legati 
 Caesaris with Praetorian power, the Proconsvdar 
 power being in the Caesar himself, and the 
 Legati being his deputies and representatives. The 
 Legati were selected ii'om those who had been 
 consuls or praetors, or from the Senators. They 
 held their office and their power at the pleasure of 
 the Emperor ; and he delegated to them both 
 military command and jurisdictio, just as a Pro- 
 iniisul in the Republican period delegated these 
 pDwers to his Legati. These Legati had also Legati 
 under them. No quaestors were sent to the pro- 
 vinces of the Caesar, and for this reason ob- 
 serves Gaius, il/is edict {hoc edirtiiiii) is not published 
 in those provinces, by which he appears, from the 
 context, to mean the edict of the Curule Aediles. 
 In place of the quaestors, there were Procuratores 
 Caesaris, who were either Equites or freedraen of the 
 Caesar. Egyjit was governed by an Eques with 
 the title of Praefectus. The Procuratores looked 
 after the taxes, paid the troops, and generally 
 were intmsted with the interests of the Fiscus. 
 Judaea, which was a part of the Province of Syria, 
 was governed by a Procurator who had the powers 
 of a Legatus. It appears that there were also 
 Procuratores Caesaris in the Senatorian provinces, 
 who collected certain dues of the Fiscus, which 
 were independent of what was due to the Aera- 
 rium. The regular taxes, as in the Republican 
 period, were the poll-tax and land-tax. The 
 taxation was founded on a census of persons and 
 property, which was established by Augustus. The 
 Portoria and other dues were fanned by the Publi- 
 cani, as in the Republican period. 
 
 The governors of the Senatorial provinces and 
 the legati of the Caesar, received their instnictions 
 from him, and in all cases not thus provided for 
 they had to apply to the Caesar for special direc- 
 tions. The Rescripta of the Emperors to the pro- 
 vincial governors are numerous. Justice was ad- 
 ministered in the provinces according to the laws 
 
 of the Provinces, and such Roman laws as were 
 specially enacted for them, and according to Im- 
 perial Constitutiones, Senatusconsulta and the 
 Edict of the governors. In some instances the 
 provisions of Roman laws were extended to the 
 provinces. (Gaius, i. 47 ; Ulp. Frag. xi. 20.) 
 
 The organization of the Italian towns under the 
 Empire has been alrcadj' ex])laincd in the article 
 Colonia ; and the same observati')ns apply in 
 general to the Senates of Provincial towns which 
 have been made with respect to the functions of 
 the Senates of Italian towns. Even in the pro- 
 vinces the names Senate and Senator occur in the 
 sense respectively of Curia and Decuriones. But 
 there was a great distinction between the Magis- 
 tratus of Provincial and those of Italian towns. 
 The functions of these personages in the Provincial 
 towns were generally Munera {burdens) and not 
 Honores. [Honores.] Such Honores as have 
 reference to religious functions they certainly had, 
 and probably others also ; but they had nothing 
 corresponding to the Duumviri Juri dicundo of the 
 Italian towns, that is, no functionary " qui jus 
 dicebat." The only exception were such towns 
 as had received the Jus Italicum, the effect of 
 which, as elsewhere explained, appears to have 
 been, in brief, to give to a certain city and district 
 tile same character that it would have had, if 
 it had been a part of the Italic soil ; but only so 
 far as affected the whole district : it did not affect 
 the status of individuals. Freedom from the land- 
 tax, and a free constitution in Italian form, with 
 Duumviri J. D., Quiiiquennales, Aediles, and 
 Jurisdictio were essential ingredients of this Jus 
 Italicum. Sicily received the Civitas after the 
 death of Julius Caesar, and from the occurrence 
 of the mention of Duumviri in the inscriptions of 
 a Sicilian town, Savigny draws the prolialik- in- 
 ference that the Sicilian towns received the Jus 
 Italicum also : at least if in any case, we can 
 sliow that any provincial city had Duumviri, we 
 may conclude that such city had the Jus Italicum 
 and consequently Magistratus with Jurisdictio. 
 The regular Jurisdictio in all the provinces was 
 vested in the governor, who exercised it personally 
 and by his legati : with reference to his circuits in 
 the provincia the governor in the later ages of the 
 Empire was called Judex Ordinarius and some- 
 times simply Judex. The towns which had the 
 Jus Italicum were, as already observed, not under 
 his innnediate Jurisdictio, though a right of ap- 
 peal to the governor from the judgment of the 
 Duumviri must be considered as alwaj-s existing. 
 The provincial towns had the management of their 
 own revenue ; and some of the principal towns could 
 coin money. It does not appear that the religion of 
 the provincials was ever interfered with, nor had 
 it been put under any restraint in the Republican 
 period. 
 
 The constitution of Caracalla, which gave the 
 Civitas to all the provinces and towns of the Empire, 
 merely affected the personal status of the people. 
 The land remained Provincial land, when the Jus 
 Italicum had not been communicated to it, and the 
 cities, which had not received the .Ins Italicum, 
 were immediately under the Jurisdictio of the 
 goveniors. This constitution however must have 
 made considerable changes in the condition of the 
 provincials, for when they all became Roman citi- 
 zens, the Roman incidents of marriage, such as the 
 Patria Potestas, and tlie Roman Law of succession 
 
 3 F 
 
802 
 
 PROVINCIA. 
 
 PROVINCIA. 
 
 in case of intestacy would seem to he inseparable 
 consequents of this change, at least so far as the 
 want of the Jus Italicum did not render it in- 
 applicable. 
 
 The constitution of the provincial towns was 
 materially affected by the establishment of De- 
 fensores, whose complete title is " Defensores Civi- 
 tatis Plebis Loci." Until about the time of Con- 
 stantine, so far as the Pandect shows. Defensor 
 was the title of persons who were merely em- 
 ployed in certain municipal matters of a temporary 
 kind. In the year A. D. 365, the Defensores ap- 
 pear as regularly established functionaries. (Cod. 
 i. tit. .55. De De/ensori/jiis.') They were elected 
 by the Decuriones and all the city ; but, unlike 
 the magistratus, they could not be elected out of 
 the body of Decuriones. The office was originally 
 for five years, but after the time of Justinian only 
 for two years. The principal business of the De- 
 fensor was to protect his town against the op- 
 pression of the Governor. (Cod. i. tit. 55. s. 4.) 
 He had a limited Jurisdictio in civil matters, 
 which Justinian extended from matters to the 
 amoimt of (iO solidi to matters to the amount of 
 300 solidi. There was an appeal from him to the 
 Governor. (Nov. 15. c. 5.) He could not impose 
 a Multa ; but he could appoint a Tutor. In cri- 
 minal matters, he had only Jurisdictio in some of 
 the less important cases. 
 
 The number of Senators both in the Italic and 
 pro\"incial to^vns seems to have been generally one 
 hundred ; and this was the mnnber in Capua. (Cic. 
 ■in Rull. ii. 35.) But the number was not in all places 
 the same. Besides the actual members, the Album 
 Decurionum comprised others who were merely ho- 
 norary members. The Album of the town of Canu- 
 sium,of the}'ear A.D.2"23,which has been preserved, 
 consists of 148 members, of whom 30 were Pa- 
 troni, Roman Senators, and 2 were Patroni, Roman 
 Equites ; the remainder were 7 quinquennalicii, a 
 term which is easily explained by referring to the 
 meaning of the term Quinquennales [Colonia, 
 p. 259], 4 allecti inter quinquennales, 22 duumvi- 
 ralicii, 19 aedilicii, 21 pedani, 34 praetextati. 
 The distinction between Pedani and Praetextati 
 Savigny professes himself unable to explain. In 
 many towns the first persons in the list of actual 
 senators were distinguished from the rest, and 
 generally the first Ten, as Decemprimi ; of which 
 there is an example in Livy (xxix. 15. magistratus 
 denosque principes) ; and in the case of Ameria, 
 and of Centuripae in Sicily (Cic. /»o. Ros. Amer. 
 c. 9 ; In Verrcni, ii. 67). 
 
 It has been previously shown that at the time 
 when the Roman Respublica had attained its com- 
 plete developement, Italia and the Provinciae 
 were the two great component parts of the Em- 
 pire ; and one great distinction between them was 
 tiiis, that in Italia the towns had magistratus with 
 Jurisdictio ; in the provinces, except in places 
 which had received the Jus Italicum, the governor 
 alone had Jurisdictio. But with the growth and 
 developement of the Imperial power, a greater uni- 
 formity was introduced into the administration of 
 all parts of the Empire ; and ultimately Italy itself 
 was under a Provincial form of government. [Co- 
 lonia.] As above shown, the relation of the Go- 
 vernor to the province was not the same, when a 
 city had magistratus, and when it had not ; and 
 consequently it was in this respect not the same in 
 Italy as in the Provin.ces. 
 
 The constitution of Constantino was based 
 on a complete separation of the Civil and 
 Military power, which were essentially united 
 in the old system of pro\-incial government: 
 Justinian however ultimately re-united the 
 civil and military power in the same person. 
 The governor who had Civil power was called 
 Rector, Judex, Judex Ordinarius ; and of these 
 governors there were three classes, Consulares, 
 Correctores, Praesides, among whom the only dis- 
 tinction was in the extent and rank of their 
 government. In the writings of the older jurists, 
 which are excerpted in the Pandect, the Praeses is 
 a general name for a Provincial governor. (Dig. 
 8. tit. 18.) The military power was given to 
 Duces who were under the general superintendence 
 of the Magistri Militum. Some of these Duces 
 were called Comites, which was originally a title of 
 rank given to various functionaries and among them 
 to the Duces ; and when the title of Comes was 
 regidarly given to certain Duces, who had im- 
 portant commands, the name Dux was dropped, 
 and Comes became a title. This was more par- 
 ticularly the case with important commands on 
 the frontier. (Cod. Theod. vii. tit. 1. s. 9.) The 
 Comes is mentioned in Imperial Constitutions be- 
 fore the Dux, whence we infer his higher rank. 
 (Cod. Theod. viii. tit. 7. s. 11. Ad mayislros mili- 
 tum, ft comites, et duces omnes.) 
 
 It remains to add a few remarks on the exercise 
 of the Jurisdictio, so far as they have not been an- 
 ticipated in speaking of the functionaries them- 
 selves. In Italy, and in the towns which had 
 the privileges of Italian towns, all matters as a 
 general rule came before the magistratus in the 
 first instance ; but in certain excepted matters, 
 and in cases where the amount in question was 
 above a certain sum (the precise amount of which 
 is not known), the matter came before the go- 
 vernor of the province in the first instance, or in 
 Italy before the Roman Praetor. Until the middle 
 of the fourth century a. d. all matters in the Pro- 
 vincial towms, which had not magistratus, came 
 before the governor in the first instance ; but 
 about this time the Defensor acquired a power, 
 like that of the magistratus of the privileged 
 towns, though more limited. The old form of 
 proceeding in civil matters has been explained 
 elsewhere [Judex] : the magistratus empowered 
 the Judex to make a condemnatio ; and this 
 institution was the Ordo Judiciorum Priva- 
 torum. That which the magistratus did without 
 the aid of a Judex was Extra Ordinem. [Inter- 
 dictum.] The same institution prevailed in those 
 towns which had a magistratus, for it was of the 
 essence of a Magistratus or of Jurisdictio to name 
 a Judex. {Lex Gall. Cisalp. c. 20.) Under the 
 emperors, it gradually became common for the 
 magistratus to decide various cases without the 
 aid of a Judex, and these are the Extraordinariae 
 C'ognitiones spoken of in the Digest (50. tit. 13). 
 In the reign of Diocletian the Urdo Judicioram, 
 as a general rule, was abolished in the provinces 
 and the pedanei judices (hoc est qui negotia 
 humiliora disceptent) were only appointed by the 
 praeses when he was very much occupied with 
 business, or for some trifling matters [Judex 
 Pedaneus] ; (Cod. 3. tit. 3. s. 2.) ; and in the 
 time of Justinian the institution had entirely dis- 
 appeared {Inst. iv. tit. 15. s. 8), and, as it is con- 
 jectured, both in Rome and the Municipia. 
 
PROVINCIA. 
 
 rrPTTANErON. 
 
 803 
 
 By the aid of the Judices, two Praetors were 
 able to conduct the whole judicial business between 
 citizens and PiTej;rini at Rome ; and by the aid 
 of the same institution, the judicial business was 
 conducted in the Jurisdictiones out of Rome. In 
 no other way is it conceivable how the work could 
 have been got through. But when the Ordo 
 Judiciorum was abolished, the difficulty of trans- 
 acting the business must have been apparent. 
 How this was managed, is explained by Savigny, 
 by referring to the growth of another institution. 
 y.n-n in the time of the Republic, the Praetors 
 had their legal advisers, especially if they were not 
 jurists themselves ; and when all the power be- 
 came concentrated in the Caesars, they were soon 
 . obliged to form a kind of college, for the dispatch 
 ; of business of various kinds and particularly judi- 
 cial matters which were referred to tiie Caesar. 
 , This college was the Caesar's Consistorium or 
 Auditorium. The Provincial governors had their 
 biidy of assessors, which were like the Caesar's 
 Auditorium (Dig. 1. tit. 22); and it is a conjec- 
 ture of Savign}', which has the highest probability 
 ill its favour, that the new institution was esta- 
 blished in the municipal towns and in the provincial 
 towns, so that here also the magistratus and the 
 Defensor had their assessors. 
 
 Besides the Jurisdictio, which had reference to 
 Litigation, the so-called Contentiosa Jurisdictio, 
 there was the Voluntaria. Matters belonging to 
 I this Jurisdictio, as Manumission, Adoption, Eman- 
 cipation, could only be transacted before the Magi- 
 stratus Populi Romani, and, unless these powers 
 were specially given to them, the Municipal Magi- 
 strates had no authority to give the legal sanction 
 to such proceedings ; though in the old Miuiicipia 
 it is probable that the power of the magistratus 
 was as little limited in the Voluntaria as in the 
 Contentiosa Jurisdictio. In the Imperial period it 
 was usual to perform many acts before the public 
 authorities, and in the three cases of large Gifts, 
 the making of a Will, and the Opening of a Will, 
 it was necessary for these acts to be done before 
 a public authority. Such acts could be done before 
 , a provincial governor ; and also before the Curia 
 of a city in the presence of a Magistratus and 
 other persons. (Compare the Constitution of Hono- 
 rius. Cod. Theod. 12. tit. 1. s. 151, and a Novel of 
 Valentinian, Nov. Theod. tit. 23, with Savigny's 
 remarks on them.) 
 
 Though the general administration of the Roman 
 provinces is adequately understood, there are dif- 
 ferences of opinion as to some matters of detail ; one 
 cause of which lies in the differences which actually 
 e.xisted in the administration of the provinces and 
 which had theirorigin in the different circumstances 
 of their conquest and acquisition, and in the diver- 
 sity of the native customary law in the different 
 pro\-inces, with a large part of which the Romans 
 originally did not interfere. A general view of the 
 Provinces shoidd therefore be completed and cor- 
 rected by a view of the several provinces. 
 
 _ The authorities for this imperfect view of the Pro- 
 vincial government have been generally referred to. 
 They are, more particulariy, Sigonius, De Antiquo 
 Jure Provinciarum, Lib. I — iii. ; Goettling, Gcs- 
 chklde der Romisclicn Staatsvcrfasstmy ; Walter, 
 Geschichte dcs Romisclien Eccli/s, where the autho- 
 rities are very conveniently collected and aiTanged, 
 and chap. xxxi. Notes 76. 7.0, wherein he differs 
 from Savigny as to the Jus Italicum ; in chapter | 
 
 xxxvii. Walter lias described the provincial divi- 
 sions of the Empire, which existed about the 
 middle of the fifth century A. D. ; Savigny, Ges- 
 chicJde des Rom. R. im Mittclaltcr, vol. i. ; Puchta, 
 Ueher den hihalt der Lex Ruhria, Zeitschrift, &c., 
 vol. X. [G.L.] 
 PROVOCA'TIO. [Appbllatio (Roman).] 
 PROVOCATO'RES. [Gladiatores, p. 456.] 
 nPOHENl'A, nP0'HEN02. [IIo.spitium.] 
 PRUDENTES. [Jurisconsulti.] 
 nPTTANErON. The Upinav^'ia of the ancient 
 Greek states and cities were to the communities 
 living around them, the common houses of which 
 they in some measure represented, what private 
 houses were to the families which occupied them. 
 Just as the house of each family was its home, so 
 was the Trpmanflov oi e\exy state orcitythe common 
 home of its members or inhabitants, and was con- 
 sequently called the earia ir6\iw^, the " focus" or 
 " penetrale urbis." (Cic. do. Ley. ii. 12 ; Liv. xli. 
 20 ; Dionys. ii. 23. 65.) This correspondence be- 
 tween the TrpvTaueioi', or home of the city, and the 
 private home of a man's family, was at Athens 
 very remarkable. A perpetual fire or ttCp daStarov 
 was kept continually burning on the public altar 
 of the city in the Prytaneium, just as in private 
 houses a fire was kept up on the domestic altar in 
 the inner court of the house. (Pollux, i. 7; Arnold, 
 ad Tlmeyd. ii. 15.) 
 
 The same custom was observed at the Prj'- 
 taneium of the Eleans, where a fire was kept burn- 
 ing night and day. (Pans. v. 15. § 5.) Moreover the 
 city of Athens exercised in its Prytaneium the 
 duties of hospitality, both to its own citizens and 
 strangers. Thus foreign ambassadors were enter- 
 tained here, as well as Athenian envoys on their 
 return home from a successful or well conducted 
 mission. (Aristoph. Aehar. 125 ; Pollux, ix. 40.) 
 Here, too, were entertained from day to day (Bcickh, 
 Pidd. Eeon. i. p. 329) the successive Prytanes or 
 Presidents of the Senate, together with those citi- 
 zens who, whether from personal or ancestral 
 services to the states, were honoured with what 
 was called the (Tittjctis iv ITpurai'ef&j, the " victus 
 quotidianus in Prytaneo" (Cic. de Orai.\. 54), or 
 the privilege of taking their meals there at the 
 public cost. This was granted sometimes for a 
 limited period, sometimes for life, in which latter 
 case the parties enjoying it were called ddanoi. 
 The custom of conferring this honour on those who 
 liad been of signal service to the state and their 
 descendants, was of so a;reat antiquity that one in- 
 stance of it was referred to the times of Codrus ; 
 and in the case to which we aUude the individual 
 thus honoured was a foreigner, a native of Delphi. 
 (Lycur. c. Lcocr. p. 158.) Another illustration of 
 the uses to which the PrTy'taneiuni was dedicated, 
 is found in the case of the daughters of Aristeides, 
 who on the death of their father were considered 
 as the adopted children of the state, and married 
 from (efcSoflerffat) that common home of the city, 
 just as they would have been from their father's 
 home had he been alive. (Plut. ^ri.<;. c. 27.) 
 Moreover, from the ever burning fire of the Pry- 
 taneium, or home of a mother state, was carried 
 the sacred fire which was to be kept burning in 
 the prytancia of her colonies ; and if it happened 
 that this was ever extinguished, the flame was 
 rekindled from the prytaneium of the parent city. 
 (Duker, ad Thuci/d. i. 24.) Lastly, a Prytaneium 
 was also a distinguishing mark of an independent 
 
 3 F 2 
 
804 
 
 ^H"<|.02. 
 
 'l'H"*OS. 
 
 state, and is meiitioiiL'd as sucli by Thncj'dides (ii. 
 15), who infbrras us that before the time of 
 Theseus, every city or state (tto'Ais) of Attica pos- 
 sessed a prytaneium. The Achaeaiis, we are told 
 (Herod, vii. 197), called their prytaiiciimi Atjitoc 
 (from Aeciis, populus), or the "town-hall," and exclu- 
 sion from it seems to have been a sort of civil ex- 
 communication. 
 
 The Prytaneium of Athens lay under the 
 Acropolis on its northern side (near the dyopd), 
 and was, as its name denotes, originally the place 
 of assembly of the npxrrai'(7s : in tlie earliest times 
 it probably stood on tiie Acropolis. Officers called 
 XlpvTavA wore eiitnistcd with the chief magi- i 
 stracy in several states of Greece, as Corcyra, 
 Corinth, Miletus (Wachsmuth, i. i. 1!)4), and the 
 title is sometimes synonymous with fiaaiA^^s, or 
 princes, having apparently the same root as irpaiTos 
 or irpSraTos. At Athens they were in early times 
 probably a magistracy of the second rank in the 
 state (next to the Archon), acting as judges in 
 various cases (perhaps in conjunction with him), 
 and sitting in the prytaneium. That this was the 
 case is rendered probable by tl)e fact, that even in 
 aftertimcs the fees paid into court by plaintiff and 
 defendant, before they could proceed to trial, and 
 received by tlic dicasts, were called TrpvTaveia. 
 (Polhix,viii.;i!l.) Tliis court of the Prytaneium, 
 or tlie TO eTTi ripvTai/etai, is said (Pollux, viii. 
 120) to have been presided over by the (j>v\o- 
 SaffiAeij, who perhaps were the same as the Trpv- 
 
 In later ages, however, and after the establish- 
 ment of the courts of the Heliaea, the court of the 
 Prytaneium liad lost what is supposed to have been 
 its original importance, and was made one of the 
 courts of the Kphetae, who held there a species of 
 mock trial over the instruments by which any indi- 
 vidual had lost his life, as well as over persons who 
 had committed murder, and wei'e not forthcoming 
 or detected. 
 
 The tablets or droves, otherwise Kvpgeis, on 
 which Solon's laws were written (Plut. Sol. 25) 
 were also deposited in the Prytaneium (Paus. i. 
 18. § 3) ; they were at first kept on the Acropolis, 
 probably in the old Prytaneium, but afterwards 
 removed to the Prytaneium in the dyopd, that 
 they might be open to public inspection. (Pollux, 
 viii. 1 2!i.) Ephialtes is said to have been the author 
 of this measure ( 1 larpocrat. s. t'. 'O KarwOev vofj-os), 
 but their n-ni(iv;il may have been merety the con- 
 sequence of thi' erection of a new Prytaneium on 
 the lower site in the time of Pericles. (ThirlwaU, 
 Hist, ofam-cr, ii. p. 54.) • [R. W— N.] 
 
 nPTTANErS. [nPTTANErON ; BOTAH', 
 p. 15fi. 15!i.] 
 
 *H'*I2MA. [BOTAH', p. 157; NOMO0E'TH2, 
 p. (i44.] 
 
 I'H'^OS. The Athenian dicasts, in giving 
 their verdict, voted by ballot. For this purpose 
 they used either sea-shells, x"'?''''" (Aristoph. 
 Vfsp. 333. 34.9. yjr/. 1332), or beans (hence the 
 Srjiuos is called Kvafiorgd^ by Aristophanes, Eij. 
 41 ), or balls of metal (<nr6vSv\oi) or stone (J/-ncj>oi). 
 These last were the most common : hence >(/7)(f)i'- 
 feirfloi, and its various derivatives, are used so 
 often to signify miiiit/, determimng, &c. The balls 
 were cither pierced (T6Tgu7n);uefai) and whole 
 (irAijgcTs), the former for condemnation, the latter 
 for acquittal (Aesch. c. Thiuirch. 11. cd. Ste])h. ; 
 llarpoc. s. V. Tergvirijuevri) ; or they were black 
 
 and white, for the same purposes, respectively, as 
 the following lines show (Ovid, AM. xv. 41 ) : — 
 
 " Mos erat antiquus niveis atrisque lapillis. 
 His damnare rcos, illis absolvere culpa." 
 
 There might be three methods of voting. First, 
 the secret method, called KQiSS-qv i|/7)(J)i'f'6(T6ai, 
 when each dicast had two balls given him (say a 
 black and a white) ; two boxes (ko5oi, (caSiVicoi, 
 or dfiipogus) were prepared, one of brass, called 
 the judgment-box (kv^ios), into which the dicast 
 put the ball by which he gave his vote, and the 
 other of wood, called dnugos, into which he put 
 the other ball, and the only object of which was 
 to enable him to conceal his vote. Each box had 
 a neck or funnel {ktihos, i.e. eTriBrj/xa juias -.p-qipou 
 Xugav exov), into whic^h a man could put his hand, 
 but only one ball could pass through tlie lower part 
 into the box. (Aristoph. Cc^). !),'). 751.) Secondly, 
 there might be only one liox, in which the dicast 
 put which of the two lialls he pleased, and return- 
 ed the other to the officer of the court. Thirdly, 
 there might be two boxes, one for condemnation, 
 the other for acquittal, and onl}' one ball. (Harpoc. 
 s. V. KaS(<TKOs.) The first method was most com- 
 monly practised at Athens. Where, however, 
 there were several parties before the court, as in 
 inheritance causes, to one of whom an estate or 
 other thing was to be adjudged, it was customary 
 to have as many ballot-boxes as there were parties, 
 or at least parties in distinct interests ; and the 
 dicast put the white or whole ball into the box of 
 that person in whose favour he decided. [Herb.s 
 (Greek).] The same system of balloting was 
 employed when the dicasts voted on the question 
 of damages. Hence the verdict on the question, 
 (/uil/r/ or not ffiiil/i/, or /or t/ie pliiiuti/f' or ilrfhul<(/it 
 (to distinguish it from the other), is called ngcuTii 
 ^Irij^os. (Aesch. c. Ctcs. 82. ed. Steph. ; Demosth. 
 de Fals. Leg. 434, c. Arintner. 67(5, c. Aristog. 795, 
 c. Neaer. 1347.) A curious custom was in vcgue 
 in the time of Aristophanes. Each dicast had a 
 waxen tablet, on which, if the heavier penalty was 
 aw'arded, he drew a long line (lengthway on the 
 tablet) ; if the lighter penalty, he drew a short 
 line (breadthway on the tablet). We must sup- 
 pose, not that the voting took place in this way, 
 but that, on the votes being counted, the jurors 
 took a note of the result for their own satisfaction ; 
 unless we resort to this hypothesis, viz. that the 
 drawing lines on the tablets was an act preliminary 
 to the di\dsion, whereby tlie jury intimated to the 
 parties how the matter was likely to go, unless 
 they came to a compromise. Such intimation 
 might be necessary in those cases, where, the esti- 
 mates of the parties being widely different, the 
 one propdsinn too high a penalty, the other too low 
 a one, the jury wished to inform the more un- 
 reasonable party, that, unless he offered them some 
 better alteniative, they should adopt the estimate 
 of his adversary. (As to this point, see Meier, 
 Att. Proe. 181.) The tablet is called by Aristo- 
 phanes invdiuov TifjLTfTiKov. Ill the expression 
 Tifiav Tjji' fiaKgdv, we understand yqafifi-qv or 
 Ti'/n7)(Tii/. {Vet'p. 101). lH/. 850.) See Pollux, viii. 
 Ifi, 17. 123 ; Meier, Att. Proc.7-20. 72() ; Platner, 
 Proc. und Klag. i. 188 ; Wachsmuth, ii. i. 344. 
 
 In the popular assemblies the common method 
 of voting was by show of hands. [XEIPOTONI'A.] 
 There were some occasions, however, when the 
 ballot was employed ; as where it was deemed im- 
 portant that the voting should bo secret, or that 
 
^I'ETAErrPA'I.H^S rPA<I>H'. 
 
 M'lAOl'. 
 
 805 
 
 the lumiliers should be accurately counted. Thus, 
 to pass a law for the naturalization of a foreigner, 
 or for the release of a state debtor, or for tlie resto- 
 ration of a disfranchised citizen, and indeed in 
 every case of a privileyiam, it was necessary that 
 six thousand persons should vote in the majority, 
 and in secret. (Andoc. de Alt/si. 12. ed. Steph. ; 
 Demosth. c. Timoc. 715. 719, c. Neaer. 1375.) 
 On the eondenniation of the ten generals who 
 gained the battle of Arginusae, the people voted 
 by ballot, but openl}-, according to the second of 
 the plans above mentioned. The voting was then 
 by tribes, Kara (pvKas. (Xen. Hell. i. 7. § 9.) 
 Secret voting by the Senate of Five Hundred is 
 mentioned in Aeschines {c.Timarch,5. ed.Steph.); 
 and in ostracism the voting was conducted in secret. 
 (Schumann, fJe Coinif. 121 — 12)i. 245.) 
 
 The people or jury were said ■■ln}<pi^e(T6ai, ^rjcpov 
 ^(getv or ^€(T$ai, to vute, or i/ive t/teir vote or 
 judymeiii. 'Vijipov riQivai, to cast accounts, is used 
 with a dift'crcnt allusion. (Demosth. pro Cur. 304.) 
 The presiding magistrate or officer, who called on 
 the people to give their votes, was said €7r(i|/7)(f if'tic, 
 t^rj<pov iirdyeiv or SiSoVai, though the last expres- 
 sion is also used in the sense of volimj in favour of 
 a person. ^Tjcfifetrflai, to vote, to resolve, airo- 
 rjni<pi^ecr6ai, to ucqtiit, and other derivations from 
 ^fi<pos, are often used metaphoricallj', where the 
 method of voting was x^VToci'a, and conversely. 
 XeigoToveiv, however, is not used, like j^tj^ I'fco-eai, 
 with the accusative of the thing voted. As to 
 this see Schiimann, de Com. 123. [C. R. K.] 
 
 *ETAErrPA4>H"2 rPA*H'. It is shown un- 
 der nPA'KTOPE2 that the name of every state 
 debtor at Athens was entered in a register by tJie 
 praotores, whose duty it was to collect the debts, 
 and (^rase the name of the party when he had paid 
 it. The entry was usually made \ii)on a return 
 by some magistrate, to whom the incurring of 
 the debt became othcially known ; as, for instance, 
 on a return by the vwKiiTai, that such a person 
 had become a lessee of public lands, or farmer of 
 taxes, at such a rent or on such terms. In case, 
 however, the authorities neglected to make the 
 proper retum, any individual might, on liis own 
 responsibility, give information to the registering 
 officers of the existence of the debt ; and thereupon , 
 the officers, if they thought proper, might make an , 
 entry accordingly, though it would probably be 
 theii' duty to make some inquiry before so doing, j 
 If they made a false entry, either wilfully, or upon 
 the suggestion of another person, the aggrieved 
 party might institute a prosecution against them, ; 
 or against the person upon whose suggestion it was 
 made. Such prosecution was called ypaif)-^ \pev- j 
 56yyga<f7)y. It would lie also, where a man was 
 registered as debtor for more than was really due 
 from him. And the reader must understand the like 
 remedy to be open to one, who was falsely recorded 
 as a debtor bv the TafXLai Tojv ^^cuv. \\ hether 
 this fonu of proceeding could be adopted against 
 magistrates for making a false return, or whether 
 the remedy against them could only be at the 
 fvix^igOToviai or (vOvyai, we cannCt say. The 
 7ga(^T; \pevSeyyga(pfis was brought before the 
 Thesmothetae. If the defendant was convicted, 
 the name of the complainant was struck out of tlie 
 register, and that of the defendant was entered in 
 his stead, as debtor for the same amount. The 
 yy^'Pn PovA^vaeus was similar to this ; only it lay 
 in those cases where a man, who had been a state 
 
 debtor, had paid all tiiat was due, but his name 
 was not erased, or, having been erased, was re- 
 entered. We may presume, that fraudulent or 
 malicious motives were necessary to be proved on 
 such a charge; but it is reasonable also to suppose, 
 that in any case of gross negligence, fraud or 
 malice might (as matter of course) be presumed by 
 the dicasts. (Pollux, viii. 40. 43 ; Harpoc. and 
 Suid. s. V. Bov\eviTeas, \f/ev5eyyga(j>'q, ^f/evSeyyoa- 
 ct>os SiK-n : Bijckh, Staats/i. i/cr Alt. i. 41U ; Meier, 
 Att.Proc. 337 ; Platner, Proc. mid KUuj. ii. 117.) 
 
 [C. R. K.] 
 
 H'ETAOKAHTEI'AS rPA*H', a prosecution 
 against one, who had appeared as a witness (/cAij- 
 Tjjg or /cATjTwg) to prove that a defendant had 
 been duly summoned, and thereby enabled the 
 plaintiff to get a judgment by default. To prevent 
 fraud, the Athenian law directed that the names 
 of the witnesses who attended the summons should 
 be subscribed to the bill of plaint or indictment 
 (eyK\rifia), so that the defendant, if he never had 
 been summoned, and judgment had nevertheless 
 been given against him by default, might know 
 against whom to proceed. The false witness 
 (K\7]Tiig) was liable to be criminally prosecuted, 
 and punished at the discretion of the court. Even 
 death might be inflicted in a case of gross con- 
 spiracy. (Demosth. c. A^k-ost. 1252.) A person 
 thrice convicted of this offence was, as in the case 
 of other false testiraonj', ipso Jure disfranchised ; 
 and even for the first offence the jury might, if 
 they pleased, by a irgoffT^ttrjtriy inflict the penalty 
 of disfranchisement upon him. (jVndoc. de JMi/st. 
 10. ed. Steph. ; Meier de Bon. Damn. 125.) Here 
 we may observe this distinction, that the proceed- 
 ing against the false witness to a summons was of 
 a criminal nature, while the witness in the cause 
 (juagTi;^) was liable only to a civil action. The 
 cause might be that the fonner offence was more 
 likely to do mischief The magistrate, before 
 whom the defendant neglected to appear, when by 
 the evidence of the witness it was shown that he 
 had been duly summoned, had no discretion buf to 
 pronounce judgment against him ; whereas the 
 dicasts, to whom the witness gave false evidence at 
 the trial, might disbelieve hira and find their 
 verdict according to the truth. If the fraud was 
 owing to a conspiracy between the plaintiff and 
 the witness, it is probable that an action at the 
 suit of the defendant would lie against the former, 
 to recover compensation ; for, though the convic- 
 tion of the witness would lead to a reversal of the 
 judgment, still he (the defendant) might have 
 suffered damage in the meantime, which the set- 
 ting aside of the judgment would not repair. Such 
 action (it has been conjectured) might be a 5/kij 
 orvKo(j)avTtas, or perhaps Ka«;oT6x>'"««'. If the 
 name of the witness had been fraudulently used 
 by the plaintiff', and the witness had thereby been 
 brought into trouble, we may conclude, by analogy 
 to the case of other witnesses, that he had a Si/crj 
 /8Aa§7jj against the plaintiff. (Demosth. c. Apltoi. 
 849.) The ypa<pri ipfuSoKAijrci'as came tiefore the 
 Thesmothetae, and the question at the trial simply 
 was, whether the defendant in the former cause 
 had been summoned or not. (Platner, Proc. und 
 Klag. i. 417 ; Meier, Att. Proc. 33G. 577. 758.) 
 
 [C. R. K.] 
 
 H'ETAOMAPTTPirrN AIKH'. [IWAPTTPI'A, 
 p. (i07.] 
 
 NflAOl'. [Arm A, p. 84 ; AaMY(GREEK),p.90.] 
 
806 
 
 PUBLICANI. 
 
 PUBLICANI. 
 
 ^TKTH'P, dim. ^f/vKTripiSiov, a wine-cooler. 
 (Plato, Cuticii: 332. d ; Tim. Lejc. Flat. s. !'. ; Me- 
 nander, p. 177. ed. Meiuelte ; Athen. xi. 469. 
 502, 503.) Respecting the general use of ice and 
 snow among the ancients for cooling wine, see 
 Nix. The vessel specially adapted for this opera- 
 tion, was sometimes made of bronze (Athen. iv. 
 142) or silver (v. 199). One of earthenware is 
 preserved in the Museum of Antiquities at Copen- 
 hagen. It consists of one deep vessel for holding 
 ice, which is fixed within another for holding 
 wine. The wine was poured in at the top. It 
 thus surrounded the vessel of ice and was cooled 
 by the contact. It was drawn off so as to fill the 
 drinking-cups by means of a cock at the bottom. 
 Thus the i^ivkttIp was a kind of KPATH'P ; and 
 accordingly, where Phylarchus (up. Athen. iv. 
 142) in describing the mode of life of Cleomenes, 
 King of Sparta, uses the former term, Plutarch 
 (Cleom. p. 14fK;, ed. Steph.) adopts the latter. 
 
 The size of the ^uKT-qp was very various. It 
 contained from 2 quarts (Plato, I. c.) to a great 
 number of gallons. (Athen. v. 199. d. f.) It was 
 sometimes given as a prize to the winners in the 
 game of the KO'TTABOS. [J. Y.] 
 
 nTANE'-^flA, a festival celebrated at Athens 
 every year on the seventh of Pyanepsion, in 
 honour of Apollo. (Ilarpocrat. Hesych. Suidas. 
 s.v. Tlvai/etpia.) It was said to have been insti- 
 tuted by Theseus after his return from Crete. 
 (Plut. Thes. 22.) The festival, as well as the 
 month in which it took place, are said to have de- 
 rived their names from irvafius, another form for 
 Kvafxos, I.e. pulse or beans, which were cooked at this 
 season and carried about. (Harp, and Snid. I. c; 
 Athen. ix. p. 408.) A procession appears to have 
 taken place at the Pyanepsia,in which the eipetricovT) 
 was carried about. Tiiis elpunufij was an olive- 
 branch surrounded with wool and laden with the 
 fruits of the year ; for the festival was in reality a 
 harvest-feast. It was carried by a boy whose parents 
 were still living, and those wlio followed him sang 
 certain verses, which are preserved in Plutarch. 
 (/. c; compare Clem. Alex. Strom, iv. p. 474; 
 Eustath. ad II. xxii. ; Suid. s. v. 'Eip^ffuivq ; and 
 Etymol. Mag. where a different account is given.) 
 The procession went to a temple of Apollo, and 
 the olive-branch was planted at its entrance. Ac- 
 cording to others, every Athenian planted, on the 
 day of the Pyanepsia, such an olive-branch before 
 his own house, where it was left standing till the 
 next celebration of the festival, when it was ex- 
 changed for a fresh one. (Schol. ail Aristopli. 
 Plat. 1050.) [L. S.] 
 
 PUBES, PUBERTAS. [Curator; Im- 
 PUBBS ; Infans.] 
 
 PUBLICA'NI, farmers of the public revenues 
 of the Roman state (veciiyalia). Their name is 
 fonned from puhiicum, which signifies all that be- 
 longs to the state, and is sometimes used by 
 Roman writers as synonymous with vectigal. (Dig. 
 39. tit. 4. s. 1. § 1 ; 50. tit. IG. s. 16 ; Suet. 
 Nero, 1 ; Cic. pro Rahir. Post. 2 ; Val. Max. vi. 
 9. § 7.) The revenues which Rome derived from 
 conquered countries, consisting chiefly of tolls, 
 tithes, harbour duties, the scriptura or the tax 
 which was paid for the use of tlie public pastui-e 
 lands, and the duties paid for the use of mines and 
 salt-works (sa/iiiue), were let out, or, as the Ro- 
 mans expressed it, were sold by the censors in 
 Rome itself to the highest bidder. (Cic. de Ley. 
 
 Agr. ii. 21 ; c. Verr. iii. 7.) This sale generally 
 took place in the month of Quinctilis and was made 
 for a lustrum. (Macrob. iS'ati. 12.) The terms on 
 which the revenues were let, were fixed by the cen- 
 sors in the so-called Icyes ceusorkie. (Cic. ad Quint, 
 Frat. i. 1 ; Varro, de He Rust. ii. 1 ; Fest. s. v. Fro- 
 duit.) The people or the senate however sometimes 
 modified the terms fixed by the censors in order to 
 raise the credit of the publicani (Plut. Flamin. 19 ; 
 Polyb. vi. 17 ; Liv. xxxix. 44), and in some cases 
 even the tribunes of the people interfered in this 
 branch of the administration. (Liv. xliii. 16.) The 
 tithes raised in the province of Sicily alone, with 
 the exception of those of wine, oil, and garden 
 produce, were not sold at Rome, but in the dis- 
 tricts of Sicily itself, according to a practice estab- 
 lished by Hiero. (Cic. c. Kc/t. ii. 3.64. 33,&o.) The 
 persons who undertook the farming of the public 
 revenue of course belonged to the wealthiest Ro- 
 mans. Their wealth and consequent influence may 
 be seen from the fact, tliat as early as the second 
 Punic war, after the battle of Cannae, when the 
 aerarium was entirely exhausted, the publicani ad- 
 vanced large sums of money to the state, on condi- ■ 
 tion of repayment after the end of the war. ( Val. 
 Max. V. 6. § 8 ; Liv. xxiv. 18 ; compare xxiii. 
 48, But what class of Romans the publicani 
 
 were at this time is not stated ; scarcely half a ' 
 century later however we find that they were 
 principally men of the equestrian order (Liv. xliii. 
 16) ; and down to the end of the republic, as well 
 as during the early part of the empire, the farming 
 of the public revenues was almost exclusively in 
 the hands of the equites ; whence the words equites 
 and publicani are sometimes used as synonymous. 
 (Cic. c. Verr. i. 51 ; ii. 71 ; ad Att. ii. 1 ; Suet. 
 Auy. 24 ; Tacit. Aitnal. iv. 6.) 
 
 The publicani had to give security to the state 
 for the sum at which they bought one or more 
 branches of the revenue in a province ; but as for 
 this reason the property of even the wealthiest in- 
 dividual must have been inadequate, a number of 
 equites generaUj^ united together and formed a 
 company (socii, societas or corpus), which was re- 
 cognized by the state (Dig. 3. tit. 4. s. 1), and by 
 which they were enabled to carry on their under- 
 takings upon a large scale. Such companies ap- 
 pear as early as the second Punic war. (Liv. 
 xxiii. 48, 49.) The shares which each partner of 
 such a company took in the business, were called 
 partes, and if they were small, particulae. (Cic. 
 pro Rabir. Post. 2 ; Val. Max. vi. 9. § 7.) The 
 responsible person in each company, and the one 
 who contracted with the state, was called manceps 
 (Fest. s. V. JSIamvps ; Pseudo-Ascon. in Dioinat. p. 
 113. ed. Orelli.) [Manceps] ; but there was also a 
 magister to manage the business of each society, who 
 resided at Rome, and kept an extensive corre- 
 spondence with the agents in the provinces. (Cic. 
 ad Ait. v. 15 ; c. Verr. ii. 74.) He seems to have 
 held his otHce only fur one j'ear ; his representa- 
 tive in the provinces was called sub magistro, who 
 had to travel about and superintend the actual 
 business of collecting the revenues. The apx^T^- 
 Xiivr)^ in St. Luke (xix. 2) is probably such a 
 sub magistro. The magister at Rome liad also to 
 keep the accounts which were sent into him (tabu- 
 lae accepii et e-rpensi). The credit of these com- 
 panies of publicani and the flourishing stiite of 
 their finances were of the utmost importance to 
 the state, and in fact its very foundation ; and of 
 
PUBLICANI. 
 
 PUBLICIANA IN REM ACTIO. 807 
 
 this the Romans were well aware (Cic. pro lei/. 
 iManiL 6), and Cicero therefore calls them the 
 " ornaraeiitum civitatis et firniamentum reipub- 
 licae." (Pro Plane. 9.) It has been already 
 
 I, mentioned that the publicani, in case of need, 
 acted as a kind of public bank and advanced sums 
 of money to the stiite (compare Cic. ad Fam. v. 
 20), which therefore thought them worthy of its 
 
 . especial protection. But they abused their power 
 at an early period, in the provinces as well as at 
 Rome itself; and Livy (xlv. 18) says, " ubi pub- 
 licanus est, ibi aut jus publicum vaiium, aut liber- 
 tas sociis nulla." (Compare Liv. xxv. 3, 4.) 
 
 Nobody but a Roman citizen was allowed to 
 become a member of a company of publicani ; freed- 
 
 , men and slaves were excluded. (Pseudo-Ascon. in 
 
 , Divinai. p. 113; Cic. c. Vcrr. iii. 39.) No 
 Roman magistrate however, or governor of a pro- 
 vince, was allowed to take any share whatever in 
 a company of publicani (Cic. c. Vcrr. iii. 57), a regu- 
 
 I lation which was chiefly intended as a protection 
 against the oppression of the provincials. During 
 the later period of the empire various changes 
 were introduced in the fanning of the public reve- 
 nues. Although it was, on the whole, a rule that 
 no person should be compelled to take any share 
 in a company of publicani, yet such cases some- 
 times occurred. (Burmann, Vedig. Poj>. Rom. 
 p. 1 38, &c.) From the time of Constantine the 
 
 ' leases of the publicani were generally not longer 
 than for three years. (Cod. 4. tit. 61. s. 4.) 
 Several parts of the revenue which had before been 
 let to publicani, were now raised by especial offi- 
 cers appointed by the emperors. ( Burmann, /. c. 
 p. 141, &c.) 
 
 All the persons hitherto mentioned as members 
 of these companies, whether they held any office 
 in such a company or not, and merely contributed 
 their shares and received their portions of the 
 profit (Cic. ad Alt. i. 1!) ; Nepos, Att. b'), did not 
 themselves take any part in the actual levying or 
 collecting of the taxes in the provinces. This part 
 of the business was performed by an inferior class 
 of men, who were said operas pulilicanis dare, or 
 esse in operis soeietatis. (Val. Max. vi. 9. § 8 ; 
 Cic. c. Verr. iii. 41; ad Fam. xiii. 9; compare 
 c. Verr. 'u. 70; pro Plane. 19.) They were en- 
 gaged by the publicani, and consisted of freemen 
 as well as slaves, Romans as well as provincials. 
 (Cic. c. Verr. ii. 77 ; de Prov. Cons. 5.) This 
 body of men is called familia puhlieanorum, and 
 comprehended, according to the praetor's edict 
 (Dig. 39. tit. 4. s. 1 ), all persons who assisted the 
 publicani in collecting the vectigal. Various laws 
 were enacted in tlie course of time, which were 
 partly intended to support the servants of the 
 publicani in the perfonnauce of their duty, and 
 partly to prevent them fi-om acts of oppression. 
 (See Digest. 39. tit. 4: De Puhlkanis et veeti- 
 galih. el eommissis; Gains, iv. "28.) 
 
 The separate branches of the public revenue in 
 the provinces (deeumae, portoria, scriptura, and 
 the revenues from the mines and saltworks) were 
 mostly leased to separate companies of publicani ; 
 whence they were distinguished by names de- 
 rived from that particular branch which they had 
 taken in fann ; e. g. decumani, pecuarii or scrip- 
 turarii, salinarii ormancipes salinarum,&c. (Pseudo- 
 Ascon. Z. c. ; compare Decumae, Portobium, 
 Salinae, Scriptura.) On some occasions, how- 
 ever, one company of publicani farmed two or 
 
 more branches at once ; thus we have an instance 
 of a societas farming the portorium and the scrip- 
 tura at the same time. (Cic. c. Verr. ii. 70.) 
 The commentator, who goes by the name of 
 Asconius, asserts that the portitores were publi- 
 cani who fanned the portorium ; but from all 
 the passages where they are mentioned in ancient 
 writers, it is beyond all doubt that the portitores 
 were not publicani properly so called, but only 
 their servants engaged in examining the goods 
 imported or exported, and levying the custom- 
 duties upon them. They belonged to the same 
 class as the publicans of the New Testament. 
 (St. Luke, V. '27. 29.) Respecting tl.e impudent 
 way in which these inferior officers sometimes be- 
 haved towards travellers and merchants, see Plaut. 
 Menaec/i. i. 2. 5, &c. ; Cic. ad Quint. Fr. i. 1 ; 
 Plut. de Curiosit. p. 518. e. (Compare Burmann, 
 de Vec/ig. c. 9.) ' [L. S.] 
 
 PUBLICIA'NA IN REM ACTIO, was given 
 to him who had obtained possession of a thing ex 
 justa causa, and had lost the Possession before he 
 had acquired the ownersliip by Usucapion. This 
 was a Praetorian action, so called from a Praetor 
 Publicius, and the fiction by which the Possessor 
 was enabled to sue, was that he had obtained the 
 ownership by Usucapion. (Gains, iv. 3(j.) This 
 actio was an incident to every kind of possessio 
 which was susceptible of Usucapion (the thirty 
 years' excepted). In the old Roman Law, this 
 Actio resembled the Vindicatio, and in the newer 
 Roman Law, it was still more closely assimilated 
 to it, and consequently in this actio, mere Pos- 
 session was not the only thing considered, but the 
 matter was likened to the case where ownership 
 and Possession were acquired at the same time by 
 Occupatio or Traditio. Accordingly Possessio for 
 the purposes of Usucapion may be viewed in two 
 ways : viewed with respect to the ownership of 
 which it is the foundation, it is a subject of juris- 
 prudence as bare Possession ; viewed with re- 
 ference to the Publiciana Actio, which is incident 
 to it, it is viewed as ownership. The owner of a 
 thing might also avail himself of this action, if he 
 had any difficulty in proving his ovniership. 
 
 This action was introduced for the protection of 
 those who had a civilis possessio, but that only, 
 and consequently could not recover a thing by the 
 Rei vindicatio, an action which a man could only 
 have, when he had the Quiritarian ownership of a 
 thing. According to the definition a man could have 
 this actio both for a thing which he had in bonis 
 and for a thing of which he had a civilis possessio, 
 without having it in bonis ; and his action was 
 good even against the Quiritarian owner, for if 
 such owner pleaded his ownership, the plaintitf 
 miglit reply that the thing had been sold and de- 
 livered and therefore was his in bonis. The Publiciana 
 actio of the plaintift' who had a civilis possessio, 
 without having the thing in bonis, was not good 
 against the owner, who had the riglit of owner- 
 sliip, in fact, while the plaintitf had it oiilj' in 
 fiction ; nor was it good against another who had 
 a Civilis possessio, for that possessio was as good 
 as his own. His action was good against a Pos- 
 sessor who had not a civilis possessio. In this 
 action the plaintiff had to prove that he possessed 
 civiliter, before the tune when he lost the 
 possession. [Possessio.] 
 
 The object of the action was the recovery of the 
 thing and all that belonged to it. In the legisla- 
 
808 PUBLILIAE LEGES. 
 
 PUGILATUS. 
 
 tion of Justinian, the distinction between Res 
 Manciiii and Nec Mancipi was abolislied, and 
 ownersllip could in all cases be transferred by tradi- 
 tion. The Publiciana actio therefore became use- 
 less for any other purpose than a case of bonae 
 fidei possessio, and this seems to explain why the 
 words " non a domino" appear in the Edict as 
 cited in the Digest (G. tit. 2. s. 1), while they do 
 not appear in Gaius (iv. 3(5). 
 
 The Publiciana actio applied also to Servitutes, 
 the right to which had not been transferred by 
 Mancipatio or In jure cessio, but which had been 
 enjoyed with the consent of the owner of the 
 land. As the legislation of Justinian rendered 
 the old forms of transfer of servitutes unnecessary, 
 the Publiciana actio could then only apply to a case 
 of Possessio. 
 
 (Dig. 6. tit. 2 ; Inst. iv. tit. 6 ; Sa\-igny, Das 
 Redd ties Besitzes.) [G. L.] 
 
 PU'BLICUM. [PUBLICANI.] 
 
 PUBLICUM, PRIVATUM JUS. [Jus, p. 
 540.] 
 
 PU'BLICUS AGER. [Agrariab Leges.] 
 PUBLI'LIA LEX. In the consulship of L. 
 Pinarius and P. Furius, u. c. 472, the tribune 
 Puldilius Volero proposed in the assembly of the 
 tribes, that the tribunes should in future be ap- 
 piiiiited in the comitia of the tribes {ut plebcii 
 maijiatrulus trihuiis comUiis fierent), instead of by 
 the centuries, as had formerly been the case ; since 
 the clients of the patricians were so numerous in 
 the centuries, that the plebeians could not elect 
 whom they wished. (Liv. ii. SG.) This measure 
 was violently opposed by the patricians, who pre- 
 vented the tribes from coming to any resolution 
 respecting it throughout this year ; but in the fol- 
 lowing year, b. c. 471, Publilius was re-elected 
 tribune, and together with him C. Lactorius, a man 
 of still greater resolution than Publilius. Fresh 
 measures were added to the former proposition : 
 the aediles were to be chosen by the tribes, as well 
 as the tribunes, and the tribes were to be compe- 
 tent to deliberate and determine on all matters 
 aftecting the whole nation, and not such only as 
 might concern the plebes. (Dionys. ix. 43; Zonaras, 
 vii. 17.) This proposition was still more violently 
 resisted by the patricians than the one of the pre- 
 vious year ; and although the consid Apjjius used 
 force, the tribes could not be prevented from pass- 
 ing the proposition. It was then laid before the j 
 senate to receive the assent of that body ; and j 
 through the advice of the other consul T. Quinctius, 
 it received the sanction of the senate and after- [ 
 wards of the curiae, and thus obtained the force of i 
 a law. Some said tliat the number of tribunes was j 
 now for the first time raised to five, having been 
 only two previously. (Liv. ii. 58.) (Niebuhr, 
 Hist, of Rome, ii. p. 211,&c.) 
 
 PUBLI'LIAE LEGES, proposed by the dic- 
 tator Q. Publilius i'hilo, B. c. 339. Niebuhr (ifo- 
 miselu; GcseJi. iii. p. 1()7 — 173) thinks, that the 
 main object of these laws was to abolish the power 
 of the patrician assembly of the curies, and that 
 they were carried with the approbation of the 
 senate, which was opposed to the narrowminded- 
 iiess of the great body of tlie patricians. Great op- 
 position, however, seems to have been expected ; 
 and accordingly the consul Ti. Aemilius named his 
 own colleague Q. Publilius Philo dictator, in order 
 that the reforms might be carried witli the autho- 
 rity of the highest magistracy in the state. 
 
 According to Livy (viii. 12) there were three 
 Publiliae Leges. The first is said to have enacted, 
 that plebiscita should bind all Quirites {ut plebisdla 
 oiniies Quirites te.nerent), which is to the same pur- 
 port as the Lex Ilortensia of B. c. 286. [Plebis- 
 ciTUM.] Niebuhr, however, thinks that the object 
 of this law was to render the approval of the senate 
 a sufficient confirmation of a plebiscitum, and to 
 make the confinnation of the curiae unnecessary. 
 The second law enacted : " ut legum quae comitiis 
 centuriatis ferrerentur ante initum suifragium pa- 
 tres auctores fierent." By patres Livy here means 
 the curiae ; and accordingly this law made the 
 confirmation of the curiae a mere formality in 
 reference to all laws submitted to the comitia cen- 
 turiata, since every law proposed by the senate to 
 the centuries was to be considered to have the 
 sanction of the curiae also. The third law enacted 
 that one of the' two censors should necessarily be a 
 plebeian. Niebuhr supposes that there was also a 
 fourth, which applied the Licinian law to the prae- 
 torship as well as to the censorship, and which pro- 
 vided that in each alternate year the praetor 
 should be a plebeian. (Compare Arnold, Hist, of 
 Rome, ii. p. 154, &c.) 
 
 nrEAOI. [FuNUs, p. 436.] 
 
 PUGILA'TUS (iri!|, nvyfjLri, Trvy)xa.-xia,Trvyixo- 
 (Tvvri), boxing. The fist {pugiius, iru|) being the 
 simplest and most natural weapon, it may be 
 taken for granted that boxing was one of the 
 earliest athletic games among the Greeks. Hence 
 gods and several of the earliest heroes are de- 
 scribed either as victors in the irvyiJiri, or as dis- 
 tingmished boxers, such as Apollo, Heracles, Ty- 
 deus, Polydeuces, iScc. (Pans. v. 7. § 4 ; Theocrit. 
 xxiv. 113 ; Apollod. iii. C. § 4 ; Pans. v. 8. § 2.) 
 Tile Scholiast on Pindar {Nem. v. 89) says that 
 Theseus was believed to have invented the art of 
 boxing. The Homeric heroes are well acquainted 
 with it. (Horn. //. xxiii. 0'91, &c. ; compare Odyss. 
 viii. 103, &c.) The contest in boxing was one of 
 the hardest and most dangerous, whence Homer 
 gives it the attribute aK^y^ivi/i. (//. xxiii. G53.) 
 Boxing for men was introduced at the Olympic 
 games in 01. 23, and for boys in 01. 37. (Paus. 
 V. 8. § 3.) Contests in boxing for boys are also 
 mentioned in the Ncmea and Isthmia. (Paus. vi. 
 4. §C.) 
 
 In the earliest times boxers (pugiles, iru/cToi) 
 fought naked, with the exception of a ^ufM round 
 their loins (Hom. II. xxiii. 683; Virg. Aen. v. 
 421) ; but this was not used when boxing was in- 
 troduced at Olympia, as the contests in wrestling 
 and racing had been carried on here by persons 
 entirely naked ever since 01. 15. Respecting the 
 leathern thongs with which pugilists surrounded 
 their fists, see Cestus, where its various forms are 
 illustrated by wood-cuts. 
 
 The boxing of the ancients appears to have re- 
 sembled the practice of modern times. Some piU'- 
 ticulars, however, deserve to be mentioned. A 
 peculiar method, which required great skill, was 
 not to attack the antagonist, but to remain on the 
 defensive, and thus to wear out the opponent, 
 until he was obliged to acknowledge himself to be 
 conquered. (Uio Chrysost. Meltuic. ii. oral. 29; 
 Eustath. ad 11. p. 1322. 29.) It was considered 
 a sign of the greatest skill in a boxer to conquer 
 without receirini] any wounds, so that tlie two 
 great points in this game were to infiict blows, 
 and at the same time not to expose oneself to 
 
I'UGILATtTS. 
 
 any danger (irA.»jy^ koI (pvKaKi^, J. Chrysost. 
 If iierm. vii. 1 ; Plut. S;/mpos. ii. 5 ; compare Pans. 
 i vi. 12. § 3). A pugilist used his right ami chiefly 
 I for fighting, and the left as a protection for his 
 j head, for all regular blows were directed against 
 1. the upper parts of the body, and the wounds in- 
 ! flicted upon the head were often very severe and 
 ■ fatal. In some ancient representations of bo.xers 
 1 the blood is seen streaming from theii' noses, and 
 t their teeth were frequently knocked out. (Apol- 
 I Ion. Rhod. ii. 7fJ5; Theocrit. ii. 126; Virg. 
 Aen. V. 4G9 ; Aelian. V. H. x. 19.) The ears 
 f especially were exposed to great danger, and 
 with regular pugilists they were generally much 
 nuitilated and broken. (Plat. Uonj. p. 510'; 
 Protag. p. 342 ; Martial, vii. 32. .5.) Hence in 
 works of art the ears of the pancratiasts always 
 appear beaten tlat, and although swollen in some 
 parts, are yet smaller than ears usually are. In 
 order to protect the ears from severe blows, little 
 covers, called ajxtpui'ihts, were invented. (Pol- 
 lux, ii. 82 ; Etymol. Mag. s. v.) But these ear- i 
 covers which, according to the Etymologist, were 
 made of brass, were undoubtedly never used in 
 the great public games, but only in the gymnasia 
 and palaestrae, or at most in the public contests of 
 boxing for boys ; they are never seen in any 
 ancient work of art. 
 
 The game of boxing was, like aU the other gym- 
 nastic and athletic games, regulated by certain 
 rules. Tiius pugilists were not allowed to take 
 hold of one another, or to use their feet for the 
 purpose of making one another fall, as was the 
 case in the ])ancratium. (Plut. Si/iiip. ii. 4 ; Ln- 
 cian, Aiiacli. 3.) Cases of death either during the 
 tight itself or soon after, appear to have occurred 
 rather frequently (Schol. ud Piiid. 01. v. 34), but 
 if a fighter wilfully killed his antagonist, he was 
 severely punished. (Pans. viii. 40. § 3; vi. 9. 
 vj 3.) If both the combatants were tired without 
 wishing to give up the fight, they might pause 
 a u hile to recover their strength ; and in some 
 lascs they are described as resting on their knees. 
 (Apnllon. Rhod. ii. iiG ; Stat. 7y«.'4. vi. 796.) If 
 the fight lasted too long, recourse was had to a 
 plan called KAi/xa^, that is, both parties agreed not 
 to move, but to stand still and receive the blows 
 without using any means of defence, except a cer- 
 tain position of the hands. (Eustath. ad II. xxiii. 
 p. 1324; Pans. viii. 40. § 3.) The contest did 
 not end until one of the combatants was compelled 
 by fatigue, wounds or despair, to declare him- 
 self conquered {dvayupevdv. Pans. vi. 10. § I), 
 which was generally done by lifting up one hand. 
 (Plut. Li/atn,. 19.) 
 
 The lonians, especially those of Samos, were at 
 all times more distinguished pugilists than the 
 Dorians, and at Sparta boxing is said to have 
 been fi)rbidden by the laws of Lycurgus. (Pans, 
 vi. 2. § 4; Plut. Li/cuiy. 19.) -But the ancients 
 generally considered boxing as a useful training 
 for militiiry purposes, and a part of education no 
 less important than any other gymnastic exercise. 
 (Lucian, vl«</(7(. 3; Plut. Cat. Muj. 20.) Even in 
 a medical point of view, boxing was recom- 
 mended as a remedy against giddiness and chronic 
 headaches. (AreUieus, De Morb. diut. cur. i. 2.) 
 
 In Itiily boxing appears likewise to have been 
 practised from early times, especially among the 
 Etruscans. (Liv. i. 35; Uionys. vii. 72.) It 
 continued as a popular game during the whole 
 
 PUGIO. 
 
 809 
 
 period of the republic as well as of the empire. 
 (Suet. ylM^. 45 ; Cic. De Legy. ii. 15. 18; Tacit. 
 Aiuml. xvi. 21; Suet. Caliy. 18.) See Krause, 
 Die Ominaslik und Agon. d. Hdlenen, p. 497 — 
 534. [L. S.] 
 
 PUGILLA'RES. [Tabulae.] 
 
 PU'GIO (ficcxaipa, dim. naxaipiov ■ e'yxeip'- 
 Sioj/), a dagger ; a two-edged knife, commonly of 
 bronze, with the handle in many cases variously 
 ornamented or enriched, sometimes made of the 
 hard black wood of the Syrian terebinth. (Theo- 
 plir. //. P. V. 3. § 2.) The accompanying wood- 
 cut shows three ancient daggers. The two upper 
 figures are copied from Beger (T/ies. Brand, v. iii. 
 p. 398. 419): the third represents a dagger about 
 a foot long, which was found in an Egyptian 
 tomb, and is preserved in the Museum at Leyden. 
 The middle figure is entirely of metal. The 
 handles of the two others were fitted to receive a 
 plate of wood on each side. The lowennost has 
 also two bosses of ivory or horn, and shows the 
 remains of a thin plate of gilt metal, with which 
 the wood was covered. 
 
 In the heroic ages the Greeks sometimes wore 
 a dagger suspended by the sword on the left side 
 of tlie body [Gladius], and used it on all oc- 
 casions instead of a knife. (Hom. //. iii. 271 ; 
 Athen. vi. 232. c.) Thus Theseus draws his dag- 
 ger to cut his meat at table. (Plut. T/ies. p. 10. 
 ed. Steph.) The custom is continued to the pre- 
 sent day among the Arnauts, who are descended 
 from the ancient Greeks. (Dodwell, Tour, i. 
 p. 133.) The Romans (see wood-cuts, pp. 2. 434), 
 wore the dagger as the Persians did [Acin.vces] 
 on the right side, and consequently drew it with 
 the thumb at the upper part of the hilt, the position 
 most effective for stabbing. The tenns pugio and 
 tyxeip'Siof denote both its sraallness and the man- 
 ner of grasping it in the hand (irul, puguus). In 
 the same way we must understand " the two 
 swords" (f/«os ^/(«/ms, Gell. ix. 13) worn by the 
 Gallic chieftain, slain by Manlius Torquatus ; and 
 the monuments of the middle ages prove that the 
 custom long continued in our own and in adjoin- 
 ing countries. (See Stothard, Mon. Effigies of 
 Gt. Britain.) Among some of the northern nations 
 of Europe, a dirk was constantly worn on the 
 side, and was in readiness to be drawn on every 
 occasion. (Ovid, Trid. v. 8. 19, 20.) The Cha- 
 lybes emploj'ed the same weapon, stabbing their 
 enemies in the neck. (Xen. Amdj. iv. 7. § 16.) 
 For the Greek horsemen the dagger was considered 
 preferable to the long sword as a weapon of offence. 
 (Xen. dc fie JEijuest. xii. 11.) For secret purposes 
 it was placed under the ann-pit. (Plato, (/org. 
 p. 71, 72. Heindorf.) [J. Y.] 
 
810 
 
 PUTEAL. 
 
 PYTHIAN GAMES. 
 
 nrrivTH', nrrn'N. [Pes, p. 747, 748.] 
 
 nTAArO'PAI. [Amphictyons, p. 39.] 
 
 PULLA'RIUS. [AuspiciUM, p. 121.] 
 
 PU'LPITUM. [Theatriim.] 
 
 PULVI'NAR. A representation of the mode 
 of using cushions or pillows (jiulvini), to recline 
 upon at entertainments, is given in the wood-cut 
 at p. 302. The most luxurious of such cushions 
 were stuffed with swan's-down. (Mart. xiv. l(jl.) 
 An ancient Egj-ptian cushion, filled with feathers, 
 is preserved in the British Museum. In reference 
 to this practice, the Romans were in the habit of 
 placing the statues of the gods upon pillows at the 
 lectistemia. [Epui.ones; Lecti.stbr.vil'm.] The 
 couches provided for this purpose in the temples 
 were called puh-iiiaria. (Hor. Cariii. i. 37. 3; 
 Ovid, Met. xiv. 827 ; Cic. in Cat. iii. 10 ; Harusp. 
 5 ; Dom. 53 ; Tusc. iv. 2 ; Val. Max. iii. 7. § 1 ; 
 Servius, in. Virg. Geory. iii. 533.) There was also 
 a pulvinar, on which the images of the gods were 
 laid, in the Circus. (Sueton. August. 45 ; Claud. 
 4.) [J. Y.] 
 
 PULVI'NUS. [Pulvinar.] 
 
 PUPILLA, PUPILLUS. [Impubes ; In- 
 
 FANS ; TUTELA.] 
 
 PUPILLA'RIS SUBSTITU'TIO. [IIeres 
 (Roman), p. 477.] 
 PUPPIS. [Ships.] 
 
 PU TEAL, properly means the enclosure sur- 
 rounding the opening of a well, to protect persons 
 from falling into it. It was either round or square, 
 and seems usually to have been of the height 
 of three or four feet from the ground. There is a 
 round one in the British Museum, made of marble, 
 which was found among the ruins of one of 
 Tiberius's villas in Capreae ; it exhibits five groups 
 of fauns and bacchanalian nymphs ; and around 
 the edge at the top may be seen the marks of the 
 ropes used in drawing up water from the well. 
 Such putealia seem to have been common in the Ro- 
 man villas : the putealia signata, which Cicero [ad 
 Att. i. 10) wanted for his Tusculan villa, must 
 have been of the same kind as the one in the 
 British Museum ; the siguata refers to its being 
 adorned with figures. It was the practice in some 
 aises to surround a sacred place with an enclosure 
 open at the top, and such enclosures from the 
 great similarity they bore to Putealia were called 
 by this name. There were two such places 
 in the Roman forum : one of these was called 
 Putial Libonis or Serihonianum, because a chapel 
 (aacelluiii) in that place had been struck by 
 lightning, and Scribonius Libo expiated it by 
 proper ceremonies and erected a puteal around it 
 open at the top, to preserve the memory of the 
 place. {Festiis, s.v. Scril/onianmn.) The form of 
 this puteal is preserved on several coins of the 
 Scribonian gens. (See woodcut, and compare 
 Spanheim, de Praest. et Usu Numism. ii. p. 190.) 
 
 This puteal seems to have been near the Atrium 
 of Vesta(Sachse, fiescAreii.rfcr Stadt.Rom i. p.l34) 
 and was a common place of meeting for usurers. 
 (Ovid, Rem. Am. 561; Cic. pro Sea: 8 ; Pers. 
 Sal. iv. 49 ; Hor. Ep. i. 19. 8.) The other puteal 
 was in the comitium, on the left side of the senate- 
 house, and in it were deposited the whetstone and 
 razor of Attus Navius. (Cic. de Div. i. 17 ; com- 
 pare Liv. i. 3G.) Compare MiiUer, JStrusker, ii. 
 p. 171. 
 
 IlT'eiOI, called TloiBioi in the Lacedaemonian 
 dialect (Photius, s. r.), were four persons appoint- 
 ed by the Spartan kings, two by each, as messen- 
 gers to the temple of Delphi. (©eoTrpovroi h 
 Ae\<f,ovs.) Their office was highly honourable 
 and important : they were always the messmates 
 of the Spartan kings. (Herod, vi. 57 ; Xen. Jiep. 
 Lae. XV. 5 ; Mliller, Dur. iii. 1. § 9.) 
 
 PUTI'CULAE, PUTI'CULI. [Funus, p. 
 441.] 
 
 PYRA. [Funus, p. 436. 440.] 
 
 PY'RRHICA. [Saltatio.] 
 
 PYTHIAN GAMES (Ouflia), one of the four 
 great national festivals of the Greeks. It was 
 celebrated in the neighbourhood of Delphi, an- 
 ciently called Pytho, in honour of Apollo, Artemis, 
 and Leto. The place of this solemnity was the 
 Crissaean plain, which for this purpose contained 
 a hippodromus or race-course (Pans. x. 37. § 4), 
 a stadium of 1000 feet in length (Censorin. de 
 Die Nut. 13), and a theatre, in which the musical 
 contests took place. (Lucian, adv. induct. 9.) A 
 gymnasium, prytaneum, and other buildings of 
 this kind, probably existed here, as at Olympia, 
 although they are not mentioned. Once the Py- 
 thian games were held at Athens, on the advice 
 of Demetrius Poliorcetes (01. 122. 3 ; see Plut. 
 Demetr. 40; Corsini, Fast. Alt. iv. p. 77), be- 
 cause the Aetolians were in possession of the 
 passes around Delphi. 
 
 The Pythian games were, according to most 
 legends, instituted by Apollo himself (Athen. xv. 
 p. 701; Schol. Arijum. ad Pind. J'l/th.): other 
 traditions referred them to ancient heroes, such as 
 Amphictyon, Adrastus, Diomedes, and others. 
 They were originally perhaps nothing more than 
 a religious panegyris, occasioned by the oracle of 
 Delphi, and the sacred games are said to have 
 been at hrst only a musical contest, which con- 
 sisted in singing a hymn to the honour of tiie 
 Pythian god with the accompaniment of the cith- 
 ara. (Paus. x. 7. § 2; Strab. ix. p. 421.) Some 
 of the poets, however, and mythographers repre- 
 sent even the gods and the early heroes as en- 
 gaged in gymnastic and equestrian contests at the 
 Pythian games. But such statements, numerous 
 as they are, can prove nothing ; they are ana- 
 chronisms in wiiich late writers were fond of in- 
 dulging. The description of the Pythian games 
 in which Sophocles, in the Electra, makes Orestes 
 take part, belongs to this class. The Pythian 
 games must, on account of the celebrity of the 
 Delphic oracle, have become a national festival for 
 all the Greeks at a very early period ; and when 
 Solon fixed pecuniary rewards for those Athenians 
 who were victors in the great national festivals, 
 the Pythian agon was luidoubtedly included in 
 the number, though it is not expressly mentioned. 
 (Diog. Laert. i. 55.) 
 
 Whether gymnastic contests had been perfonned 
 at the Pythian games previous to 01. 47, is uu- 
 
PYTHIAN GAMES. 
 
 certain. Biickli supposes that these two kinds 
 of games had been connected at the Pytbia from 
 early times, but that afterwards the g^nnnastic 
 games were neglected : but however this may be, 
 it is certain that about 01. 47 they did not exist 
 at Delphi. Down to 01. 48 the Delphians them- 
 selves had been the agonothetae at the Pythian 
 games, but in the third year of this Olympiad, 
 when after the Crissaean war, tlie Amphictyons 
 took the management under their care, they natur- 
 ally became the agonothetae. (Strab. ix. p. 421 ; 
 Pans. X. 7. § 3.) Some of the ancients date the 
 institution of the Pythian games from this time 
 (Phot. Cod. p. .533. ed. Bekker), and otliers say 
 that henceforth they were called I'l/thian yames. 
 Owing to their being under the management of 
 the Amphictyons they are sometimes called 'A/x- 
 (pMTvovMo. df)\a. (Heliod. Aei//. iv. 1.) From 01. 
 48, 3, the Pythiads were occasionally used as an 
 aera, and the Hrst celebration under the Amphic- 
 tyons was the first Pythiad. Pausanias (l. c.) 
 expressly states that in this year the original 
 nnisical contest in KiBapcjiS'ia was extended by the 
 addition of avKwS'ia, i. e. singing with the ac- 
 companiment of the flute, and by that of flute- 
 playing alone. Strabo (/. c.) in speaking of these 
 innovations does not mention the av\aSia, but 
 states that the contest of cithara-players (KiBapicr- 
 Ta'i) was added, while Pausanias assigns the in- 
 troduction of this contest to the eighth Pythiad. 
 One of the musical contests at the Pythian games 
 in which only flute and cithara-players took part, 
 was the so-called fo/xos VIijBlkos, wliich, at least in 
 suljsequent times, consisted of Ave parts, viz. 
 dvaKpovtris, a^ireipo, KaraiceKeva'iJ.os, laf^Soi Kal 
 SaKTvAoi, and avpi-yyes. The whole of this vSfios 
 was a musical description of the fight of Apollo 
 with the dragon and of his victory over the 
 monster. (Strabo, 1. c.) A somewhat different ac- 
 cijunt of the parts of this vofios is given by the 
 Scholiast on Pindar {Argum. ad Fyth.) and by 
 Pollux (iv. 79. 81. 84). 
 
 Besides these innovations in the musical cou- 
 ; tests wliich were made in the first Pythiad, such 
 gymnastic and equestrian games as were then 
 customary at Olympia, were either revived at 
 Delphi or introduced for the first time. The 
 cliariot-race with four horses was not introduced 
 till the second Pythiad. (Pans. x. 7. § 3.) Some 
 games on the other hand were adopted, which had 
 not yet been practised at Olympia, viz. the 
 hoMx6s and the Si'auAoj for boys. In the first 
 Pythiad the victors received xp')V'"'''« their 
 prize, but in the second a chaplet was established 
 as the reward for the victors. (Paus. and Schol. 
 (ul Pind. I. c.) The Scholiasts on Pindar reckon 
 the first Pythiad from this introduction of the 
 chaplet, and their system has been followed by 
 most modern chronologers, though Pausanias ex- 
 pressly assigns this institution to the second 
 Pythiad. (See Clinton, F. /f. p. 195; Krause, 
 iJie Prjth. Nam., &c. p. 21, &c.) The ai5A.a.5i'a, 
 which was introduced in the first Pythiad, was 
 omitted at the second and ever after, as only 
 elegies and dprji/oi had been sung to the flute, 
 wliich were thought too melancholy for this so- 
 lemnity. The TeSplirvvs or chariot-race with four 
 horses however was added in the same Pythiad. 
 In the eighth Pythiad (01. 55, 3) the contest in 
 playing the cithara without singing was introduced; 
 in Pythiad 23 the foot-race in arms was added ; 
 
 PYTHIAN GAMES. 811 
 
 in Pythiad 48 the chariot-race with two full- 
 grown horses ((rufojpiSos Spd/xos) was performed for 
 the first time ; in Pytiiiad 53 the chariot-race with 
 four foals was introduced. In Pythiad CI the 
 pancratium for boys, in Pythiad 0'3 the horse-race 
 with foals, and in Pythiad 69 the chariot- race 
 with two foals were introduced. (Paus. /. c.) 
 Various musical contests were also added in the 
 course of time, and contests in tragedy as well as 
 in other kinds of poetry and in recitations of his- 
 torical compositions are expressly mentioned. 
 (Philostr. VU. Soph. ii. 27.2; Plut. Si/iiipos. ii. 
 4.) Works of art, as paintings and sculptures, 
 were exhibited to the assembled Greeks, and 
 prizes were awarded to those who had produced 
 the finest works. (Plin. xxxv. 35.) The musical 
 and artistic contests were at all times the most 
 prominent feature of the Pythian games, and in 
 this respect they even excelled the Olympic 
 games. 
 
 Previous to 01. 48 the Pythian games had been 
 an ifmerripis, that is, they had been celebrated 
 at the end of every eighth year ; but in 01. 48, 3, 
 they became like tlie Olympia a irevTa^rqpii, i. e. 
 they were held at the end of every fourth year, and a 
 Pythiad therefore ever since the time that it was 
 used as an aera, comprehended a space of four years, 
 commencing with the third year of every Olympiad. 
 (Paus. /. c. ; Diod. xv. (iO ; compare Clinton, F. H. 
 p. 195.) Others have, in opposition to direct 
 statements, inferred from Thucydides (iv. 117; 
 V. 1) that the Pythian games were held towards 
 the end of the second year of every Olympiad. 
 Respecting this controversy, see Krause, /. c. p. 29, 
 &c. As for the season of the Pj'thian games, they 
 were in all probability held in the spring, and 
 most writers believe that it was in the month of 
 Bysius, which is supposed to be the same as the 
 Attic Munychion. Bockh {^ad Corp. Inncript. 
 n. 1088), however has shown that the games took 
 place in the month of Bucatius, whicli followed 
 after the month of Bysius, and that this month 
 must be considered as the same as the Attic Mu- 
 nychion. The games lasted for several days, as is 
 expressly mentioned by Sophocles {^Eled. 690, &c.), 
 but we do not know how many. When ancient 
 writers speak of the day of the Pythian agon, they 
 are probably thinking of the musical agon alone, 
 which was the most important part of the games, 
 and probably took place on the 7th of Bucatius. 
 It is quite impossible to conceive that all the nu- 
 merous games should have taken place on one day. 
 
 The concourse of strangers at the season of this 
 panegyris must have been very great, as un- 
 doubtedly all the Greeks were allowed to attend. 
 The states belonging to the amphictyony of Delphi 
 had to send their theori in the month of Bysius, 
 some time before the commencement of the festival 
 itself. (Biickh, Corp. Inscr. I. c.) All theori sent 
 by the Greeks to Delphi, on this occasion, were 
 called YlvQaXaTai (Strab. ix. p. 404), and the the- 
 ories sent by the Athenians were always particu- 
 larly brilliant. (Schol. ad Arisioph. Av. 1585.) As 
 regards sacrifices, processions, and other solemni- 
 ties, it may be presumed that tiiey resembled in a 
 great measure those of Olympia. A splendid, 
 though probably in some degree fictitious, descrip- 
 tion of a theoria of ThessaUans may be read in 
 Heliodorus {Adh. ii. 34). 
 
 As to the order in which the various games 
 were performed, scarcely anything is known, with 
 
812 PYTHIAN GAMES. 
 
 the exception of some allusions in Pindar and a 
 few remarks of Plutarch. The latter {Si/mj}. ii. 4 ; 
 comp. Philostr. ApuU. Tijan. vi. 10), says that the 
 musical contests preceded the gymnastic contests, 
 and from Sophocles it is clear that the gymnastic 
 contests preceded the horse and chariot races. 
 Every game, moreover, which was performed by 
 men and by boys, was always first performed by 
 the latter. (I'liit. Si/mp. ii. 5.) 
 
 We have stated above that, down to 01. 48, the 
 Delphians had the management of the Pythian 
 games ; but of the manner in which they were 
 conducted previous to that time nothing is known. 
 When they came under the care of the Amphic- 
 tyons, especial persons were appointed for the pur- 
 pose of conducting the games and of acting as 
 judges. Tliey were called 'Eirtii^Ki)rai (Plut. 
 Sytiiji. ii. 4; vii. 5) and answered to the Olym- 
 pian lU'lhiuddicae. Their number is unkno\vn. 
 (Krause, 1. c. p. 44.) In later times it was decreed 
 by the Amphictyons that king Philip with the 
 Thessalians and Boeotians should undertake the 
 management of the games (Diod. xvi. CO), but 
 afterwards and even under the Roman emperors 
 the Amphictyons again appear in the possession of 
 this privilege. (Philostr. Vil. So-ph. ii. 27.) The 
 e7ri(U€\T)Toi had to maintain peace and order, and 
 were assisted by /xaaTiyoipopoi, who executed any 
 punishment at their command, and thus answered 
 to the Olympian d\vTai. (Luc. adv. im/ocf. 9, &c.) 
 
 The prize given to the victors in the Pythian 
 games was fi-om the time of the second Pythiad a 
 laurel chaplet ; so that they then became an dyuv 
 aTecpay'tTTis, while before they had been an dywc 
 XpriiMTlrns. (Pans. x. 7. g 3 ; Schol. in Aryum. 
 ad Find. I'ljlh.) In addition to this chaplet, the 
 victor here, as at < )lvnipia, received the symbolic 
 » palm-branch, and was allowed to have his own sta- 
 tue erected in the Crissaean plain. (Plut. Symp. 
 
 4; Paus. vi. 15. § 3; 17. § 1 ; Justin, xxiv. 
 7. 10.) 
 
 The time when the Pythian games ceased to be 
 solemnised is not certain, but they probably lasted 
 as long as the OljTnpic games, i. c. down to the 
 year A.D. 394. In A.D. 191 a celebration of the 
 Pythia is mentioned by Philostratus ( I'A Soph. 
 ii. 27), and in the time of the emperor Julian they 
 still continued to be held, as is manifest from his 
 own words. (Jul. Epht. pro Arijiv. p. 35. A.) 
 
 Pythian games of less importance were celebrat- 
 ed in a great many other places where the worship 
 of ApoUo was introduced ; and the games of Del- 
 phi are sometimes distinguished from these lesser 
 Pythia by the addition of the words eV AeA<|)OTr. 
 But as by far the greater number of the lesser 
 Pythia are not mentioned in the extant ancient 
 writers, and are only knowTi from coins or inscrip- 
 tions, we shall only give a list of the places where 
 they were held : — ^\ncyra in Galatia, Aphrodisias 
 in Caria, Antiochia, Caithaea in the island of Ceos 
 (Athen. x. p. 45G. 467), Carthage (TertuU. Smrp. 
 6), Cibyra in Phrygia, Delos (Dionys. Perieg. 
 527), Emisa in Syria, Hierapolis in Phrygia, 
 Magnesia, Megara (Schol. ad Find. Ncm. v. 84; 
 01. xiii. 155; Philostr. Vit.Soph. i. 3), Miletus, 
 Neapolis in Italy, Nicaea in Bithynia, Nicomedia, 
 Pergauuis in Mj-sia, Perge in Pamphylia, Perin- 
 thus on the Propontis, Philippopolis in Thrace, 
 Side in Pamphylia, Sicyon (Pind. Ol. xiii. 105, 
 with the Schol.; Nem. ix. 51), Taba in Caria, 
 Thessalonice in Macedonia, in Thrace, Thyatira, 
 
 QUADRANS. 
 
 and Tralles in Lydia, Tripolis on the Maeandei 
 in Caria. (Krause, Die Pythian, Nemeen uiid Isth- 
 mien, p. 1 — 106.) [L. S.] 
 
 PYXIS, dim. PYXIDULA, (TnJfis, dim. ttv^I- 
 Stov), a casket ; a jewel-box. (Mart. ix. 38.) 
 Quintilian (viii. 6. § 35) produces this term as an 
 exiunple of catachresis, because it properly denoted 
 that which was made of box (iruloj), but was ap- 
 plied to things of similar form and use made ol 
 any other material. In fact, the caskets in which 
 the ladies of ancient times kept their jewels and 
 other ornaments, were made of gold, silver, ivory, 
 mother-of-pearl, tortoise-shell, &c. They were also 
 much enriched with sculpture. A silver cotFer, 
 2 feet long, 1^ wide, and 1 deep, most elaborately 
 adonied with tigures in bas-relief, is described by 
 Bottiger. {Sabina, i. p. 64 — 80. plate iii.) The 
 annexed woodcut (from Ani. d''Ercolauo, vol. 
 ii. tab. 7) represents a very plain jewel-box, 
 out of which a dove is extracting a riband or 
 
 fillet. Nero deposited his beard in a valuable 
 pyxis, when he shaved for the first time. [Barba, 
 p. 128.] 
 
 The same term is applied to boxes used to con- 
 tain drugs or poison (Cic. pro Caelio, 25 — 29 ; 
 Quintil. vi. 3. § 25) ; and to metallic rings em- 
 ployed in machinerj-. (Plin. H.N. xviii. 1 1. s.29.) 
 
 [J. Y.] 
 
 Q. 
 
 QUADRAGE'SIMA, the fortieth part of the 
 imported goods, was the ordinary rate of the 
 Portoriura. (Suet. Vcsjjas. i. ; Quintil. Dcclam. 359; 
 SjTnmach. Epiist. v. 62. 65.) Tacitus {Ann. xiii. 
 51) says that the (Quadragesima was abolished by 
 Nero and had not been imposed again (manet 
 ahulitio </uadrof/esi>uat>) ; but it appears most pro- 
 bable that this Quadragesima abolished b}' Nero 
 was not the Portoriuni, but the tax imposed by 
 Caligula (Suet. Co/. 40) of the fortieth part of the 
 value of all property, respecting which there was 
 any law-suit. That the latter is the more probable 
 opinion appears from the fact, that we never read 
 of this tax upon law-suits after the time of Nero, 
 while the fonncr one is mentioned to the latest 
 times of the empire. Considerable difficulty, how- 
 ever, has arisen in consequence of some of the 
 coins of Galba having Quadratjedma Rcmissa upon 
 them, which is supposed by some writers to con- 
 tradict the passage of Tacitus, and by others to 
 prove that CJalba aholislied the Quadragesima of 
 the portoriura. The words, however, do not neces- 
 sarily imply this ; it was connnon in seasons of 
 scarcity and want, or as an act of special favour, for 
 the emperors to remit certain taxes for a certain 
 period, and it is probable that the coins of Galba 
 were struck in commemoration of such a remission, 
 and not of an abolition of the tax. (See Burraann, 
 de Vcctiyal. p. 64, &c., who controverts the 
 opinions of Spanheim, de Praest. et Usu Ntimism. 
 voL ii. p. 549.) 
 
 QUADRANS. [As, p. 102.] 
 
QUAESTOR. 
 
 QUADRANTAL. [KTB02.] 
 QUADRI'GA. [BiGA ; Currus.] 
 i QUADRIOA'TUS. [Bioatus.] 
 |i QUA'DRUPES. [Paiperies.] 
 i QUA'DRUPLATO'RES, public informers or 
 i accusers, were so called, either because they re- 
 [' ceived a fourth part of the crimiiiars property, or 
 ; because those who were convicted were condemned 
 |j to pay fourfold (ffiadrupli ilamiiari), as in cases of 
 j violation of the laws respecting gambling, usury, 
 S &c. (Pseudo-Ascon, in Ck: Divin. §24. p. 110. 
 |ed. Orelli; in Verr. ii. ii. § 21. p. 208 ; 
 i Festus, s. V.) We know that on some occa- 
 i sions the accuser received a fourth part of the 
 
 1 property of the accused (Tac. Ann. iv. 21) ; 
 but the other explanation of the word may also 
 I be correct, because usurers, who violated the 
 f law, were subjected to a penalty of four times 
 ( the amount of the loan. (Cato, de Be Rust. 
 \ init.) When the general right of accusation 
 was given, the abuse of which led to the springing 
 up of the Quadniplatores, is uncertain ; bnt origin- 
 ally all fines went into the common treasury, and 
 while that was the case the accusations no doubt 
 vcre brought on behalf of the state. (Nicbuhr, 
 Hum. Gcscli. iii. p. 44.) Even under the republic 
 :in accusation of a public officer, who had merited 
 it bv his crimes, was considered a service ren- 
 (Iried to the state ; the name of Quadi'uplatores 
 M i nis to have been given bj' way of contempt to 
 iiM'ivenary or false accusers. (Cic. Div. ii. 7, f. \'ei r. 
 II. ii. 7 ; Plant. Pers. i. 2. 10 ; Liv. iii. 72.) 
 Si'iieca {dc licnef. vii. 2.5) calls those who sought 
 great returns for small favours, Quadrupluiorcs 
 III III fidorum suorum. 
 
 (jUADRUPLICA'TIO. [Actio, p. 10.] 
 (JUAESTIONES, QUAESTIUNES PER- 
 PETUAE. [Juuex, p. 531 ; Praetor, p. 791.] 
 QUAESTOR is a name which was given to 
 two distinct classes of Roman officers. It is de- 
 rived from qmcro, and Varro {De Ling. Lat. iv. p. 
 24. Bip.) gives a definition which embraces the 
 principal functions of both classes of officers : 
 '■" (^uaestores a quaercndo, qui conquirerent publi- 
 cas pecunias et maleficia." The one class there- 
 fore had to do with the collecting and keeping of 
 the public revenues, and the others were a kind of 
 pul)lic accusers. The fonuer bore the name of 
 7,7, (( .stores classici, the latter of quaestores par- 
 rii'iilii. (Dig. 1. tit. 2. s. 2. § 22. 23.) 
 
 The quaestores jiarricidii were, as we have said, 
 public accusers, two in number, who conducted the 
 accusation of persons guilty of murder or any other 
 capital offence, and carried the sentence into exe- 
 cution. (Festus, s. V. Parici and Quaestores ; Liv. 
 I II. 41 ; Dionys. viii. p. .54(». ed. Sylb.) Respect- 
 ' ing their confusion with the duumviri perduellionis 
 see Perduellionis Duumviri. All testimonies 
 I agree that these public accusers existed at Rome 
 , during the period of the kings, though it is impos- 
 sible to ascertain by which king they were insti- 
 , tuted (Fcst. /. c; Tacit. Anna/, xi. 22 ; Dig. 1. 
 1 tit. 13), as some mention them in the reign of 
 i Romulus and others in that of Numa. When 
 I Ulpian takes it for certain that they occurred in 
 I the time of TuUus Hostilius, he appears to con- 
 found them, like other m-iters, with the duumviri 
 perduellionis, who in this reign acted as judges in 
 , the case of Horatius, who had slain his sister. 
 During the kingly period there occurs no instance 
 in which it could be said with any certainty, that 
 
 QUAESTOR. 813 
 
 the quaestores parricidii took a part. As thus 
 everything is so uncertain, and as late writers are 
 guilty of such manifest confusions, we can say no 
 more than that such public accusers existed, and 
 infer from the analogy of later times that they 
 were appointed by the populus on the presentation 
 of the king. In the early period of the republic 
 the quaestores parricidii appear to have become a 
 standing office, which, like others, was held only 
 for one year. (Liv. iii. 24, 2.5.) They were ap- 
 pointed by the populus or the curies on the presen- 
 tation of the consuls. (Dig. 1. tit. 2. s. 2. g 23 ; 
 Tacit. /. c.) When these quaestores discovered 
 that a capital offence had been committed, they 
 had to bring the charge before the comitia for trial. 
 (Liv. iii. 24; Dionys. viii. p. ,544.) They con- 
 voked the comitia through the person of a trum- 
 peter, who proclaimed the day of meeting from the 
 capitol, at the gates of the city, and at the house 
 of the accused. (Varro, de Ling. Lut. v. p. 75, &c. 
 Bip.) When the sentence had been pronounced by 
 the people, the quaestores parricidii executed it ; 
 thus they threw Spurius Cassias from the Tarpeian 
 rock. (Dionys. viii. p. 546; Liv. ii. 41 ; Cic. de 
 Re Lentil, ii. 35.) They were mentioned in the 
 laws of the Twelve Tables, and after the time of 
 the decemvirate they still continued to be appoint- 
 ed, though probably no longer by the curies, but 
 either in the comitia centuriata or tributa, which 
 they therefore must also have had the right to as- 
 semble in cases of emergency. (Varro, de Ling. 
 Lut. V. p. 70.) This appears to be implied in the 
 statement of Tacitus, that in the year 447 B. c. 
 they were created by the people without any pre- 
 sentation of the consuls. From the year 3()'() B. c. 
 they are no longer mentioned in Roman historj^, 
 as their functions were gradually transferred to 
 the triumviri capitales (Varro, iv. p. 24; Val. 
 Max. V. 4. § 7 ; viii. 4. § 2 ; Sallust, Cat. 55 ; 
 Triu.mviri Capitales), and partly to the aediles 
 and tribunes. (Aediles, Tribuni; Niebuhr, i/is<. 
 of Rome, iii. p. 44; Zacliariae, Sulla, als Ordncr, 
 &c. ii. p. 147, &c.) The quaestores parricidii have 
 not only been confounded with the duumviri per- 
 duellionis, but also with the quaestores classici 
 (Tacit. I. c. Zonar. vii. 13, &c.), and this probably 
 owing to the fact, that they ceased to be ajjpointed 
 at such an early period, and that the two kinds of 
 quaestors are seldom distinguished in ancient writ- 
 ers by their characteristic epithets. 
 
 The quaestores classici were officers entrusted 
 with the care of the public money. Their distin- 
 guishing epithet classici is not mentioned by any 
 ancient writer, except Lydus (De iMag. i. 27), 
 who however gives an absurd interpretation of it. 
 Niebuhr (ii. p. 430) refers it to their having been 
 elected by the centuries ever since the time of Va- 
 lerius Publicola, who is said to have first instituted 
 the office. (Plut. Puljl. 12.) They were at first 
 only two in number, and of course taken only from 
 the patricians. As the senate had the supreme 
 administration of the finances, the quaestors were 
 in some measure only its agents or paymasters, for 
 they could not dispose of any part of the public 
 money without being directed by the senate. Their 
 duties consequently consisted in making the neces- 
 sary pajTuents from the aerarium, and receiving 
 the public revenues. Of both they had to keep 
 correct accounts in their tabulae puhlicae. (Polyb. 
 vi. 13.) Demands which any one might have on 
 the aerarium, and outstanding debts were likewise 
 
814 QUAESTOR. 
 
 registered by them. (Pseudo-Ascon. in Verrin. p. 
 158. Orelli; Pint. Cat. Mm. 27.) Fines to be 
 paid to the public treasury were registered and ex- 
 acted by them. (Liv. xxxviii. 60 ; Tacit. Avi/al. 
 xiii. 28.) Another branch of their duties, which 
 however was likewise connected with the trea- 
 sury, was to provide the proper accommodations 
 for foreign ambassadors and such persons as 
 were connected with the republic by ties of pub- 
 lic hospitality. Lastly they were charged with 
 the care of the burials and monuments of distin- 
 guished men, the expenses for which had been de- 
 creed by the senate to be defrayed by the treasury. 
 In the aerariimi, and consequently under the su- 
 perintendence of the quaestors, were kept the 
 books in which the senatus-consulta were register- 
 ed (Joseph. Avt. Ju,/. xiv. 10. 10; Plut. Cat. 
 Mill. 17 \ while the original documents were in 
 the keeping of the aediles, until Augustus trans- 
 ferred the care of them also to the quaestors. 
 (Dion. Cass. liv. 36.) 
 
 In the j-ear B. c. 421 the number of quaestors 
 was doubled, and the tribunes tried to effect by an 
 amendment of the law that a part (probably two) 
 of the quaestores should be plebeians. (Liv. iv. 43; 
 Niebuhr, ii. p. 430, &c.) This attempt was indeed 
 frustrated, but the interrex L. Papirius eft'ected a 
 compromise, that the election should not be re- 
 stricted to either order. After this law was car- 
 ried, eleven years passed without any plebeian 
 being elected to the office of quaestor, until in B. c. 
 409, three of the four quaestors were plebeians. 
 (Liv. iv. 54 ) A person who had held the office 
 of quaestor had undoubtedly, as in later times, the 
 right to take his seat in the senate, unless he was 
 excluded as unworthy by the next censors. And 
 this was probably the reason why the patricians so 
 detcnuinately opposed the admission of plebeians 
 to this office. [Senatiis.] Henceforth the con- 
 suls, whenever they took the field against an ene- 
 raj, were accompanied by one quaestor each, who 
 at first had only to superintend the sale of the 
 booty, the produce of which was either divided 
 among the legion, or was transferred to the acra- 
 rium. (Liv. iv. 53.) Subsequently however we 
 find that these quaestors also kept the funds of the 
 array, which thej' had received from the treasury 
 at Rome, and gave the soldiers their pay ; they 
 were in fact the pay-masters in the army. (Polyb. 
 vi. 39.) The two other quaestors, who remained 
 at Rome, continued to discharge the same duties 
 as before, and were distinguished from those who 
 accompanied the consuls by the epithet urbani. In 
 the year B. c. 265, after the Romans had made 
 themselves masters of Italy, and when, in conse- 
 quence, the administration of the treasury and the 
 raising of the revenues became more laborious and 
 important, the number of quaestors was again dou- 
 bled to eight (Lyd. ile Mag. i. 27 ; Liv. Epit. lib. 
 15 ; Niebuhr, iii. p. 645) ; and it is .probable that 
 henceforth their number continued to be increased 
 in proportion as the empire became extended. One 
 of the eiglit quaestors was appointed by lot to the 
 quaestura ostii'/isis, a most laborious and important 
 post, as he had to provide Rome with com. (Cic. 
 pro. Murcv. 8; pro SeM. 17.) Besides the quaes- 
 tor ostiensis, who resided at Ostia, three other 
 quaestors were distributed in Italy to raise those 
 parts of the revenue whicli were not farmed by the 
 publicani, and to control the latter. One of them 
 resided at Cales, and the two others probably in 
 
 towns on the Upper Sea. (Cic. in Vat. 5.) The 
 two remaining quaestors, who were sent to Sicily, 
 are spoken of below. 
 
 Sulla in his dictatorship raised the number of 
 quaestors to twenty, that he might have a large 
 number of candidates for the senate {senatui ca- 
 piendo. Tacit. Amial. xi. 22), and J. Caesar even 
 to forty. (Dion. Cass, xliii. 47. 51.) In the year 
 B. c. 49 no quaestors were elected, and Caesar 
 transfeiTed the keeping of the aerarium to the 
 aediles. From this time forward the treasury was 
 sometimes entrusted to the praetors, sometimes to 
 the praetorii, and sometimes again to quaestors. 
 [Aerarium.] Quaestors however, both in the 
 city and in the provinces, occur down to the latest 
 period of the empire. Some of them bore the 
 title of ca7ididati principis, and their only duty was 
 to read in the senate the communications which 
 the princeps had to make to this assembly {iibri 
 principalcs, episiolac principis. Dig. 1. tit. 13. § 2 
 and 4 ; Lyd. de Ma;i. i. 28 ; Lamprid. Alcie. Sev. 
 43 ; Plin. Ejnst. vii. 16). From the time of the 
 emperor Claudius all quaestors, on entering their 
 office, were obliged to give gladiatorial games to 
 the people, at their own expense, whereby the 
 office became inaccessible to any one except the 
 wealthiest individuals. (Suet. Claud. 24 ; Tacit. 
 Aimal. I.e. xiii. 5; Suet. Domit. 4; Lamprid. 
 AUx. Sev. 43.) When Constantinople had be- 
 come the second capital of the empire, it received 
 like Rome its quaestors, who had to give games to 
 the people upon entering upon their office ; but 
 they were probably, like the praetors, elected by 
 the senate and only announced to the emperor. 
 (Walter, GeseJi. des Rom. Hee/ils, p. 371.) 
 
 The proconsul or praetor, who had the adminis- 
 tration of a province, was attended by a quaestor. 
 This quaestor had undoubtedly to perform the 
 same functions as tliose wlio accompanied the 
 armies into the field ; they were in fact the same 
 officers, with the exception that the former were 
 stationary in their province during the time of 
 their office, and had consequentlj' rights and duties 
 which those who accompanied the armies could 
 not have. In Sicily, the earliest Roman province, 
 there were two quaestors answering to the two 
 fonner divisions of the island into the Carthaginian 
 and (ireek territory. The one resided at Lilybae- 
 uni, the other at Syracuse. Besides the duties 
 which they had in common with the pay-masters 
 of the armies, they had to levy those parts of the 
 public revenue in the province which were not 
 fanned by the publicani, to control the publicani, 
 and to forward the sums raised, together with the 
 accounts of them, to the aerarium. (Pseudo-Ascon. 
 in Verrin. p. 167. Orelli.) In the provinces the 
 quaestors had the same jurisdiction as the 
 cunile aediles at Rome. (Gaius. i. 6.) The rela- 
 tion existing between a praetor or proconsul of a 
 province and his quaestor was according to ancient 
 custom regarded as resembling that between a 
 father and his son. (Cic. Divin. 19; c Verr. ii. 1. 
 
 15; pro Plane. 11 ; ad Fam. iii. 10.) When a 
 quaestor died in his province, the praetors had the 
 right to appoint a proquaestor in his stead (Cic. c. 
 
 Verr. I. c), and when the praetor was absent, the 
 quaestor supplied his place, and was then attended 
 by lictors. (Cic. ad Fam. ii. 15 ; pro Plane. 41.) 
 
 In what manner the provinces were assigned to 
 the quaestors after their election at Rome, is not 
 mentioned, though it was probably by lot, as in 
 
QUINQUATRUS. 
 
 QUINQUERTIUM. 815 
 
 till' case of thi' quaestor osticnsis. Rut in tlio con- 
 Milship of Dccimus Drusus and Porcina it was de- 
 i ivcd that the provinces should be distributed 
 among the quaestors by lot c.v sei/atuji conmlto. 
 (Difl. 1. tit. 13. § 2; Cic. c. Verr. ii. 1. 13.) 
 During the time of tlie empire this practice con- 
 tinued, and if the number of quaestors elected was 
 nut sufficient for the number of provinces, those 
 i|iKiostors of the preceding year, who had had no pro- 
 \ iiKe, might be sent out. Tliis was, however, the 
 , case only in the provinces of tlie Roman people, 
 t for in those of the emperors there were no quaes- 
 tors at all. In the time of Constantino the title 
 I'l i/rtaestor sacri palatii was given to a minister 
 I'f great importance, whose office probably origi- 
 . nated in that of the candidati principis. Respect- 
 '. inn his power and influence see Walter, Gesch. d. 
 Row. Ji. p. 365. [L. S.] 
 
 (^UAESTO'RII LUDI. [Ludi Quae.storii.] 
 
 (^UAESTO'RIUM. [Castra.] 
 
 <,)UALUS. [Calathus.] 
 
 (^)UANTI MINO'RIS is an actio which a 
 liiiyi-r had against the seller of a thing, in respect 
 111' faults or imperfections with which the bu3'er 
 ought to have been made acquainted ; the object of 
 the actio was to obtain an abatement in the pur- 
 chase-money. This action was to be brought 
 ^\ itliin a year or within six months, according as 
 tli.ic was aCautio or not. [Emtio et Venditio.] 
 (Diu'. 21. tit. 1 ; 44. tit. 2.) [G. L.J 
 
 QUARTA'RIUS. [Sextarius.] 
 
 (lUASILLA'RIAE. [Calathu.s.] 
 
 (,)UASILLUM. [Calathus.] 
 
 (.)UATUORVIRI JURI DICUNDO. [Co- 
 : TA, p. 259.] 
 
 <,)UATUORVIRI VIARUM CURANDA- 
 RI VM, four officers who had the superintendence 
 of tile roads (viae), were first appointed after the 
 war with Pyrrhus, when so many public roads 
 wire made b)' the Romans. (IHg. 1. tit. 2. s. 2. 
 ?^ ; OreUi, Itiscr. n. 773.) They appear to be 
 the same as the Viocuri of Varro {de Ling. Lat. y. 
 7. ed. MUller). 
 
 (^UERE'LA INOFFICIO'SI TESTAMEN- 
 TI. [Testamentum.] 
 
 QUINA'RIUS. [Den'arius.] 
 
 (QUINCUNX. [A.s, p. 102.] 
 
 (JUINDECIMVIRI. [Decemviri, p. 316.] 
 
 ( jUlNQUAGE'SIMA, the fiftieth or a tax of 
 two per cent, upon the value of all slaves, that 
 wore sold, was instituted by Augustus according 
 to Dion Cassius (Iv. 31). Tacitus (xiii. 31), 
 however, mentions the twenty-fifth or a tax of 
 four per cent, upon the sale of slaves in the time of 
 Nero : if both passages are coiTcct, this tax must 
 \v.\\c been increased after the time of Augustus, 
 ] in il lably by Caligula, who, we are told by Suetonius 
 ('« vita, c. 40), introduced many new taxes, 
 (liurmann, de Vedig, p. (i!), &c.) 
 
 We are also told by Tacitus {Ann. xiii. 51) that 
 Nero abolished the Quinquagesima ; this must 
 have been a different tax from the abovementioned 
 one, and may have been similar to the Quinqua- 
 gesima mentioned by Cicero (c. Verr. ii. iii. 49) 
 in connection with the Aratores of Sicilj-. 
 
 A duty of two per cent, was levied at Athens 
 upon exports and imports. [FIENTHKOSTH' ] 
 
 QUINQUATRUS or QUINQUA'TRIA, a 
 festival sacred to Minerva, which was celebrated 
 on the 19th of March (a. d. xiv. Kal. Apr.), and 
 was so called according to Varro {de Ling. Lat. vi. 
 
 14. ed. Miillor), because it was the fifth day after 
 the Ides, in the same way as the Tusculans called 
 a festival on the sixth day after the Ides Se.mirus, 
 and one on the seventh Septimatrm. Gellius (ii. 
 21 ) and Festus (s. v.) also give the same etjinology, 
 and the latter states that the F aliscans too called a 
 festival on the tenth day after the Ides Decimatrus. 
 (Compare Miiller, Etrusker, ii. p. 49.) Both Varro 
 and Festus state tliat the Quinquatrus was cele- 
 brated for only one day, but Ovid {Fast. iii. 809. 
 i5ce.) says that it was celebrated for five days, and 
 was for this reason called by this name : that on 
 the first day no blood was shed, but that on the 
 last four there were contests of gladiators. It 
 would appear however from the abovementioned 
 authorities that the first day was only the festival 
 properly so called, and that the last four were 
 merely an addition made perhaps in the time of 
 Caesar to gratify the people, who became so pas- 
 sionately fond of gladiatorial combats. The ancient 
 Calendars too assign only one day to the festival. 
 
 Ovid {1. c.) says that this festival was celebrat- 
 ed in commemoration of the birth-day of Minerva, 
 but according to B'estus it was sacred to Minerva 
 because her temple on the Aventine was conse- 
 crated on that day. On the fifth day of the festival 
 according to Ovid (1. 849), the trumpets used in 
 sacred rites were purified ; but this seems to have 
 been originallya separate festival called Tubilustrium 
 (Festus, s. i-.; Varro, /. c), which was celebrated 
 as we know from the ancient Calendars on the 
 23d of March {a. d. x. Cat. Apr.), and would of 
 course, when tlie Quinquatrus was extended to five 
 days, fall on the last day of that festival. 
 
 As this festival was sacred to Minerva, it seems 
 that women were accustomed to consult fortune- 
 tellers and diviners upon this day. (Plaut. Mi/, 
 iii. 1. 98.) Domitian caused it to be celebrated 
 every year in his Alban Villa, situated at the 
 foot of the hills of Alba, and instituted a 
 collegium to superintend the celebration, which 
 consisted of the hunting of wild beasts, of the ex- 
 hibition of plays, and of contests of orators and 
 poets. (Suet. IJom. 4.) 
 
 There was also another festival of this name 
 called Q/iinqitatnis jVliuusctilae or Quinquatrus Mi- 
 nores, celebrated on the Ides of June, on which 
 the tibicincs went through the city in procession 
 to the temple of Minerva. ( \'arro, de Ling. Lat. 
 vi. 17 ; Ovid. Fust. vi. 651, &c. ; Festus, p. 149. 
 ed. Midler.) 
 
 QUINQUENNA'LIA, were games instituted 
 by Nero a. d. GO, in imitation of the Greek festi- 
 vals, and celebrated like the Greek Trfi/raeTripiSfs 
 at the end of every four years : they consisted of 
 musical, gymnastic, and equestrian contests, and 
 were called Neroniana. (Suet. Ner. 12 ; Tac.Jnn. 
 xiv. 20 ; Dion Cass. Ixi. 21.) Suetonius and 
 Tacitus {It. cc.) say, that such games were first in- 
 troduced at Rome b}- Nero, by which they can 
 only mean, that games consisting of the three con- 
 tests were new ; since Quinqttennalia had been 
 previously instituted both in honour of Julius 
 Caesar (Dion Cass. xliv. 6) and of Augustus. {Id. 
 li. 19 ; Suet. Aug. 59.) The Quinquennalia of 
 Nero appear not to have been celebrated after his 
 time, till they were revived again by Domitian in 
 honour of the Capitoline Jupiter. (Suet. Dom. 4.) 
 
 QUINQUENNA'LIS. [Colonia, p. 259.] 
 
 QUINQUERE'MIS. [Ship.s.] 
 
 QUINQUERTIUM. [Pentathlon.] 
 
816 QUORUM BONORUM. 
 
 QUORUM BONORUM. 
 
 QUINQUEVIRI, or five commissioners, were 
 frequently appointed under the republic as extra- 
 ordinarj' magistrates to carry anj' measure into 
 eflect. Thus Quinqucriri Afeiisurii, or public 
 bankers, were sometimes appointed in tmies of 
 great distress [Mensarii] ; the same number of 
 commissioners was sometimes appointed to superin- 
 tend the fonuation of a colony, though three [trium- 
 viri) was a more common number. [Colonia, 
 p. 256.] We find too that Quinqueviri were 
 created to superintend the repairs of the walls and 
 of the towers of the city (Liv. xxv. 7), as well as 
 for various other purposes. 
 
 Besides the extraordinary commissioners of this 
 name, there were also pemianent officers, called 
 Quinqueviri, who were responsible for the safety 
 of the city after sunset, as it was inconvenient for 
 the regular magistrates to attend to this duty at 
 that time : they were first appointed soon after the 
 war with Pyrrlius. (Dig. 1. tit. 2. s. 2. § .'U.) 
 QUINTA'NA. [Castra.] 
 QUINTI'LIS. [Calendar (Roman).] 
 QUIRINA'LIA, a festival sacred to Quirinus, 
 which was celebrated on the 17th of February 
 ((/. d. XIII. Cal. Mart.), on which day Romulus 
 (Quirinus) was said to have been carried up to 
 heaven. (Ovid, Fast. ii. 475 ; Festus, s. v.; Varro, 
 dc Ling. Lat. vi. 13. ed. Muller.) This festival 
 was also called Stuliorum feriae, respecting the 
 meaning of which see Fornacalia. 
 
 QUIRINA'LIS FLAMEN. [Flamen.] 
 QUIRI'TIUM JUS. [CiviTAS (Roman) ; 
 Jus, p. 540.] 
 
 QUOD JUSSU, ACTIO. [Jussu, Quod, 
 Actio.] 
 
 QUORUM BONORUM, INTERDICTUM. 
 
 The object of this interdict is to give to the Prae- 
 torian heres the possession of anything belonging 
 to the hereditas which another possesses pro he- 
 rede or pro possessore. The name of this Interdict 
 is derived from the introductory words, and it runs 
 as follows : " Ait Praetor : Quonim bonoiiun ex 
 edicto meo illi possessio data est : quod de his 
 bonis pro herede aut pro possessore possides, possi- 
 deresve si nihil usucaptum csset : quod quidem 
 dolo malo fecisti, uti desineres possidere : id illi 
 restituas." The plaintift' is entitled to this Inter- 
 dict when he has obtained the Bonomm Possessio, 
 and when any one of the four following conditions 
 apply to the defendant. 
 
 1. Quod de his bonis pro herede, 
 
 2. Aut pro possessore possides, 
 
 3. Possideresve si nihil usucaptum esset. 
 
 4. Quod quidem dolo malo fecisti, uti desineres 
 
 possidere. 
 
 The two first conditions are well understood, 
 and apply also to the case of the hereditatis petitio. 
 The fourth condition also applies to the case of the 
 hereditatis petitio and the rei vindicatio ; but in- 
 stead of "quod quidem" the reading "quodque" 
 has been proposed, which seems to be required, 
 for No. 4 has no reference to No. 3, but is itself a 
 new condition. The words of No. 3 have caused 
 some difficulty, which may be explained as follows. 
 
 In establishing the Bonorum Possessio, the 
 Praetor intended to give to many persons, such as 
 emancipated children and Cognati, the same rights 
 that the heres had ; and his object was to accom- 
 plish tliis cft'ectually. Tlu- Roman heres was the 
 representative of the person who had died and left 
 an hereditas, and by virtue of this representative 
 
 or juristical fiction of the person of the dead having 
 a continued existence in the person of the heres, 
 the heres succeeded to his property and to aU his 
 rights and obligations. In the matter of rights 
 and obligations the Praetor put the bonorum pos- 
 sessor in the same situation as the heres by allow- 
 ing him to sue in respect of the claims that the 
 deceased had, and allowing anj' person to sue him 
 in respect of claims against the deceased, in an 
 actio utilis or fictitia. (Ulp. Fra<j. tit. 28. s. 12; 
 Gaius, iv. 34.) In respect to the property, accord- 
 ing to the old law any person might take posses- 
 sion of a thing belonging to the hereditas, and ac- 
 quire the ownership of it in a certain time by usuca- 
 pion. (Gaius, ii. 52 — 58.) The persons in whose 
 favour the Praetor's edict was made could do this 
 as well as any other person ; but if they found any 
 other person in possession of anything belonging 
 to the hereditas, they could neither claim it by the 
 vindicatio, for they were not owners, nor by the 
 hereditatis petitio, for they were not heredes. To 
 meet this difficulty the Interdictum Quorum Bono- 
 rmn was introduced, the oliject of which was to 
 aid the Bonorum Possessor in getting the possession 
 (whence the title of the Interdictum adipiscendae 
 possessionis) and so commencing the usucapion. 
 If he lost the possession before the usucapion was 
 complete, he could in most cases recover it by the 
 Possessorial Interdicts, properly so called, or by 
 other legal means. This, according to Savigny, is 
 the origin of the Bonorum Possessio. 
 
 In course of time when Bonitarian ownership 
 (in bonis) was fully established and co-existed with 
 Quiritarian ownership, this new kind of ownership 
 was attributed to the Bonorum Possessor, after he 
 had acquired the Bonorum Possessio, and thus all 
 that belonged to the deceased ex jure Quii'itium be- 
 came his in bonis and finally by Usucapion, ex jure 
 Quiritium ; though in the mean time he had most 
 of the practical advantages of (juiritarian ownership. 
 Ultimately the Bonorum Possessio came to be con- 
 sidered as a species of hereditas, and the like forms 
 of procedure to those in the case of the real hereditas 
 were applied to the case of the Bonorum Possessio: 
 thus arose the possessoria hereditatis petitio, wluch 
 is mentioned by Gaius, and cannot therefore be of 
 later origin than the time of Marcus Aurelius. 
 Thus the new form of procedure, which would 
 have rendered the Interdict Quorum Bonorum un- 
 necessary, if it had been introduced sooner, co- 
 existed with the Interdict, and a person might 
 avail himself of either mode of proceeding, as he 
 found best. (Gaius, iii. 34.) In the legislation of 
 Justinian, we find both fonns of procedure men- 
 tioned, though that of the Interdict had altogether 
 fiiUen into disuse. (Inst. iv. tit. 15.) 
 
 According to the old law, any possessor, without 
 respect to his title, could Ijy usucapion pro herede 
 obtain the ownership of a thing belonging to 
 the hereditas ; and of course the Bonorum Pos- 
 sessor was exposed to this danger as much as 
 the Heres. If the time of Usucapion of the pos- 
 sessor was not interiiiptcd by the first claim, the heres 
 had no title to the Interdict, as appears from its 
 terms, for such a possessor was not included in No. 
 1 or 2. Hadrian (Gaius, ii. 57) by a senatus- 
 consultum changed the law so far as to protect the 
 heres against the complete usucapion of an Impro- 
 bus Possessor, and to restore the thing to him. 
 Though the words of Gaius are general, there can 
 be no doubt that the Senatusconsultum of Hadrian 
 
RASTER. 
 
 RECEPTA ACTIO. 
 
 817 
 
 I did not apply to the Usucapion of the Bonorura 
 j Possessor nor to that of the Bonae fidei possessor. 
 Now if wo assume that the Seuatusconsultura of 
 Hadrian applied to the Bonorum Possessor also, 
 its provisions must have been introduced into the 
 i formula of the Interdict, and thus the obscure pas- 
 f sage No. 3 receives a clear meaning, which is this : 
 You shall restore that also which you no longer 
 possess pro possessore, but once so possessed, and 
 the possession of which has only lost that qualit}' 
 in consequence of a lucrativa usucapio. According 
 to this explanation the passage No. 3 applies oidy 
 I to the new rule of law established by the Senatus- 
 consultum of Hadrian, which allowed the old usu- 
 ! eapion of the improbus possessor to have its legal 
 ! effect, but rendered it useless to liim by compelling 
 ! restitution. In the legislation of Justinian conse- 
 j quently these words have no moaning, since that 
 I old usucapion forms no part of it ; yet the words 
 i have been retained in the compilation of Justinian, 
 J like many others belonging to an earlier age, 
 ji though in their new place they arc entirely devoid 
 |i of meaning. 
 
 i (Savigny, Ueher das Inierdki Quorum lionorum, 
 Xeitschrift, &c. vol, v. ; Dig. 43. tit. 2 ; Gains, iv. 
 144.) [G. L.] 
 
 R. 
 
 RAMNES, RAMNENSES. [Patricii.] 
 RAPI'NA. [Bona Rapta ; Furtum.] 
 RASTER or RASTRUM, Am.RASTELLUS, 
 RALLUS, RALLUM, (Iuitt^/),) a spud [KA'- 
 i TPIN02] ; a rake, a hoe. 
 
 Agreeably to its derivation from rado, to scrape, 
 "Raster" denoted a hoe which in its operation 
 and in its simplest form resembled the scrapers 
 usrd by our scavengers in cleansing the streets. 
 I!y the division of its blade into tines or prongs, it 
 assumed more of the form of our garden- rakes, and 
 it was distinguished by the epithets hiilens and 
 (jiiudridens (Cato de Re Rust. 10.) according to 
 the number of the divisions. 
 
 Tlie raster bidens was by far the most common 
 species, and \\apce we frequently find it niontioned 
 under the simple name bidens. (Juv. iii. 2'i)i.) 
 This term corresponds to the Greek h'lKiWa, for 
 which fffxivvT] was substituted in the Attic dialect. 
 ; (Xen. Ci/rop. vi. 2. § 34. 36 ; Aristoph. Nub. 
 i 1488. 1502 ; Ares, 601 ; Phryn. Eeiifl. p. 302. ed. 
 j Lobeck ; Plato, Repub. p. 426 f ; Tim. Le.r. Plat. 
 
 s. 1'.) The bidens was used to turn up the soil, 
 j and thus to perform on a small scale the part of a 
 I plough. (Plin. N. H. xvii. 9. s. 6.) But it was 
 much more commonly used in the work called 
 j occatio and ^wKoKovla, i. e. the breaking do\vn of 
 i the clods after ploughing. (Virg. 6'eo;y/. i. 94.15.5.) 
 I [Malleus.] Hence it was heavy. (Ovid. Met. 
 j xi. 101.) The prongs of the bidens held by the 
 I rustic in the woodcut at p. 697 are curved, which 
 I agrees with the description of the same implement 
 I in Catullus (vi. 39). Vine-dressers continually 
 I used the bidens in hacking and breaking the 
 I lumps of earth, stirring it, and collecting it about 
 the roots of the vines. (Virg. Geory. ii. 355. 400 ; 
 ' Col. de Re Rust. iii. 13 ; iv. 14 ; Geopnn. v. 25.) 
 j In stony land it was adapted for digging trenches, 
 I whilst the spade was better suited to the purpose 
 I when the soil was fidl of the roots of rushes and 
 other plants. (Plin. N. H. xviii. 6. s. 8 ; Sueton. 
 
 A'ero, 19.) [Pala.] Wooden rakes were some- 
 times used. (Col. de Re Rust. ii. 13.) [J. Y.] 
 
 RATIO'NIBUS DISTRAHENDIS ACTIO. 
 [Tutela.] 
 
 RECEPTA ; DE RECEPTO, ACTIO. The 
 Praetor declared that he would allow an action 
 against Nautae, Caupones, and Stabularii, in re- 
 spect of any property for the security of which 
 they had undertaken (receperiut, whence the name 
 of the action) if they did not restore it. The 
 meaning of the term Nauta has been explained 
 [ExERciTORiA Actio] : the meaning of Caupo 
 follows from tlie description of the business of a 
 Caupo. (Dig. 4. tit. 9. s. 5.) " A Nauta, Caupo, 
 and Stabularius are paid not for the care which 
 they take of a tiling ; but the Nauta is paid for 
 carrying passengers ; the Caupo for permitting 
 travellers to stay in his Caupona ; the Stabularius 
 for allowing beasts of burden to stay in his stables, 
 and yet they are bound for the security of the 
 thing also (^custodiae nomine tenentur).'''' The two 
 latter actions are similar to such actions as arise 
 among us against innkeepers, and livery stable 
 keepers, on whose premises loss or injury has been 
 sustained ^vith respect to the property of persons 
 which they have by legal implication undertaken 
 the care of. At first sight there seems no reason 
 for these Praetoriae actiones, as the person who 
 had sustained loss would either have an actio 
 locati and conduct!, in cases where payment had 
 been agreed on, or an actio depositi, where no paj'- 
 ment had been agreed on ; but Pomponius suggests 
 that the reason was this : in a matter of Locatum 
 and Conductum, the receiver was only answerable 
 for loss in case he was guilty of Culpa ; and in a 
 matter of Depositum, only in case he was giulty of 
 Dolus Malus ; but the receiver was liable to these 
 Praetoriae actiones, if the thing was lost or injured 
 even without any Culpa on his part, and he was 
 only excused in case of Damnum fatale, such as 
 shipwreck, piracy, and so forth. 
 
 These praetorian actions in factum were either 
 " rei persecutoriae " for the recovery of the thing, 
 or " poenales" for damages. The former action 
 might be maintained against the heres of the 
 Nauta, Caupo, or Stabularius. The Exercitor of a 
 ship was answeraljle for any loss or damage caused 
 to property, which he had received in the legal 
 sense of this term, by any person in his employ- 
 ment. The actio against him was in duplum. The 
 liability on the part of Caupones and Stabularii 
 was the same : a caupo for instance was answer- 
 able for loss or damage to the goods of any traveller 
 who lodged in his house, if caused by those who 
 were dwelling in the caupona, but not if caused 
 by other travellers. The actio for damages could 
 not be maintained against the heres. (Dig. 4. tit. 
 9 ; Peckii In Titt. Dig. et Cod. Ad rem nauti- 
 cam pertinentes Commcntarii, &c. Amstel. 1668.) 
 
 When parties who had a matter to litigate, had 
 agreed to refer it to an arbitrator, which reference 
 was called Compromissuni, and a person had ac- 
 cepted the office of arbitrator (^arbitrium receperit), 
 the praetor woidd compel him to pronounce a 
 sentence, unless he had some legal excuse. The 
 Praetor could compel a person of any rank, as a 
 Consularis for instance, to pronounce a sentence 
 after taking upon him the office of arbitrator ; but 
 he could not compel a person who held a Magis- 
 tratus or Potestas, as a Consul or Praetor, for he 
 had no Imperium over them. The parties were 
 
 3 G 
 
818 
 
 REGIA LEX. 
 
 REGULA. 
 
 bound to submit to the award of the arbitrator; 
 and if either part}' refused to abide hy it, the 
 other had against liim a poenae petitio, if a poena 
 was agreed on in the comproraissum ; and if there 
 was no poena in the compromissura, he had an 
 Incerti actio. (Dig. 4. tit. 8.) [G. L.] 
 
 RECISSO'RIA ACTIO. [Intercessio, p. 
 521.] 
 
 RECUPERATO'RES. [Actio, p. 9 ; Judex, 
 p. 529.] 
 
 REDEMPTOR, the general name for a con- 
 tractor, who undertook the building and repairing 
 of public works, private houses, &c., and in fact of 
 any kind of work. (Festus, s. v. ; Hor. Carm. iii. 
 1. 35 ; Ep. ii. 2. 72 ; Cic. tfe I)iv. ii. 21.) The 
 fanners of the public taxes were also called Re- 
 demptnres. (Dig. 19. tit. 2. s. fiO. § 8.) 
 
 REDHiniTO'RlA ACTIO was an actio 
 which a buyer had against a seller for rescinding 
 the bargain of sale on account of any defect in the 
 thing purchased, which the buyer was not ac- 
 quainted with and which according to the Edict 
 of the Curule Aediles, he ought to have been 
 acquainted with. " Redhibere," says Ulpian, " is 
 so to act that the seller shall have back what he 
 had, and because this is done by restoration, for 
 that reason it is cdled ' Kcdhibitio,' which is as 
 much as to say 'Redditio.'" The eifect of the 
 redhibitio was to rescind the bargain and to put 
 both parties in the same condition, as if the sale 
 had never taken place. The time allowed for pro- 
 secuting the actio redhibitoria was " sex menses 
 utiles," which were reckoned from the day of sale 
 or from the time when any statement or promise 
 had been made relating to the matter (dictum pro- 
 missumve, the words of the Edict). (Dig. 21. tit. 1.) 
 
 [G. L.] 
 
 REDI'MICULUM ((taecrrfp), a fillet attached 
 to the Cal.\ntica, Diadem A, mitra, or other head- 
 dress at the occiput, and passed over the shoul- 
 ders, so as to hang on each side over the breast. 
 (Virg. Aeti. ix. 616 ; Ovid, Met. x. 265.) Redinn- 
 cula were properly female ornaments (Festus, s. v. ; 
 Ovid, Epist. ix. 71 ; Juv. ii. 70 ; Prudcnit. Psycliom. 
 448) ; and in the statues of Venus they were imi- 
 tated in gold. (Ovid, Fast. iv. 135—137.) [J. Y.] 
 
 RE'GIA LEX. A lex regia during the kingly 
 period of Roman history might have a twofold 
 meaning. In the first place, it was a law which 
 had been passed by the comitia under the presi- 
 dency of the king, and was thus distinguished 
 from a lex tribunicia, which was passed by the 
 comitia under the presidency of the tribunus cele- 
 rum. In later times all laws, the origin of which 
 was attributed to the time of the kings, were called 
 leges regiae, though it by no means follows that 
 they were all passed under the presidency of the 
 kings, and much less, as some modem scholars 
 have supposed, that they were enacted by the 
 kings without the sanction of the curies. Some of 
 these laws were preserved and followed at a very 
 late period of Roman history. Livy (vi. 1 ) teUs 
 us, that after the city was burnt by the Gauls, the 
 leges regiae still extant were coDected. That they 
 were followed at a much later period, is clear from 
 Livy (xxxiv. 6). Fragments of such laws are 
 preserved in Festus (s. v. Plorare and occisum), 
 Pliny (A''. H. xxxii. 10), and others. (Compare 
 Dionys. ii. 10 ; Tacit. Annul, iii. 26 ; xii. 8 ; Dig. 
 1. tit. 2. s. 2. § 2.) The minute detail, into which 
 some of them appear to have entered, allows us to 
 
 infer that their number was not small. The exist- 
 ence of such leges belonging to the period of the 
 kings cannot be doubted, though it may be uncer- 
 tain whether they were written at so early a pe- 
 riod. (Dirksen, Ucbersiclit d. hisherigen Versudie zur 
 Kritik tmd Herstellung des Tejies der UAerUcihsd 
 von den Gesetzen der limn. Kmiige, p. 234, &c.) 
 [Jrs Civile ; Papirianum.] 
 
 The second meaning of lex regia during the 
 kingly period was undoubtedly the same as that of 
 the le.x curiata de imperio. [Imi'ERIUM.] This 
 is indeed not mentioned by any ancient writer, but 
 must be inferred from the lex regia which we meet 
 with under the empire, for the name could scarcely 
 have been invented then ; it must have come do wit 
 from early times, when its meaning was similar, 
 though not by far as extensive. During tlie em- 
 pire the curies continued to hold their meetings, 
 though thej' were only a shadow of fonner times ; 
 and after the election of a new emperor, they con- 
 ferred upon him the imperium in the ancient form by 
 a lex curiata de imperio, which was now usually 
 called lex regia. The imperium, however, which 
 this regia lex conferred upon an emperor, was of a 
 very ditferent nature from that which in former 
 times it had conferred upon the kings. It now 
 embraced all the rights and powers which formerly 
 the populus Romanus had possessed, so that the 
 emperor became what formerly the popidus had 
 been, that is, sovereign. Hence he could do all 
 those things on his own authority which had for- 
 merly been done by the populus Romanus, or at 
 least only with its sanction. (Dig. 1. tit. 4. s, 1 ; 
 Cod. 1. tit. 17. s. 1.) A fragment of such a lex 
 regia, conferring the imperium upon Vespasian, 
 engraved upon a brazen table, is still extant in the 
 Lateran at Rome. It is generally called, though 
 wrongly, Senatusconsultum de Vespasiani imperio. 
 It is copied in Ernesti, Excurs. ii. on Tacitus, vol. ii. 
 p. G04, &c., ed. Bekker ; comp. Tacit. Hist. iv. 3. 
 6 ; Niebuhr, Hist, of Rome, i. p. 343. [L. S.] 
 
 REGIFU'GIUM or FUGA'LIA, the king's 
 flight, a festival which was held by the Romans 
 every year on the 24th of February, and according 
 to Verrius (ap. Fest. s. v. Regifw/ium) and Ovid 
 (Fast. ii. 685, &c.) in commemorat^tpn of the flight 
 of king Tarquinius Superbus from Rome. The 
 day is marked in the Fasti as nefastus. In some 
 ancient calendaria the 24th of May is likewise 
 called Regifugium, and in others it is described as 
 Q. Rex. C. F., that is, "Quando Rex comitiavit, 
 fas," or "Quando Rex comitio fugit." Several 
 ancient as well as modem writers have denied that 
 either of these days had anj'thing to do with the 
 flight of king Tarquinius (Cincius, ap. Fest. I. e.). 
 and are of opinion that these two days derived 
 their name from the symbolical flight of the Rex 
 Sacromm from the comitium ; for this king-priest 
 was generally not allowed to appear in the comi- 
 tium, which was destined for the transaction ol 
 political matters in which he could not take part. 
 But on certain days in the year, and certainly or 
 the two days mentioned above, he had to go to tin 
 comitium for the purpose of oflfering certain sacri 
 fices, and immediately after he had performed hi' 
 functions there, he hastily fled from it ; and thi.- 
 sjTnbolical flight was called Regifugium. (Fest 
 I.e.; Plut. Quacst. Rom. 63; Ovid, Fast. v. 727.) 
 
 [L. S.] 
 
 REGULA {Kavwv), the ruler used by scribe 
 for drawing right lines with pen and inlt (Bruuck 
 
REPETUNDAE. 
 
 REPETUNDAE. 
 
 819 
 
 Anal. iii. 69. 87) ; also the nile used by carpen- 
 , ters, masons, and other artificers, either for drawing 
 
 • straight lines or making plane surfaces. (Aristoph. 
 Bun. 798 ; Vitruv. vii. 3. § 5.) That it was 
 
 ' marked with equal divisions, like our carpenter's 
 rules, is manifest from the representations of it 
 among the " Instrumenta fabrorum tignariorum," 
 in the woodcuts at pages "229. G44. The substance, 
 ' with which the lines were made, was raddle or 
 I red ochre (fitXros, Brunck, Anal. i. 22\). [Linea.] 
 f The scale-beam is sometimes called Kavwv in- 
 I stead of ^vyov. [Jugum.] Two rulers were 
 : sometimes fixed crossways in the form of the letter 
 X, as a support for a piece of machinery. (Col. 
 -/< He Rust. iii. 13.) [J. Y.] 
 
 REI UXO'RIAE or DOTIS ACTIO. [Dos.] 
 RELATIO. [Senatlis.] 
 RKLEGA'TIO. [Banishment (Roman).] 
 IIK.MANCIPA'TIO. [Emanciiutio.] 
 RE.MMIA LEX. [Calumnia.] 
 RKMU'RIA. [Lemuria.] 
 REMUS. [Ships.] 
 REPA'GULA. [Janua, p. SOS.] 
 REPETUNDAE, or PECUNIAE REPE- 
 Tl'NDAE. Repetundae Pecuniae was the term 
 ^l^od to designate such sums of money as the Socii 
 of the Roman State or individuals claimed to re- 
 cover from Magistratus, Judices or Publici Cura- 
 tcii'es, which they had improperly taken or received 
 in tlie Provinciae, or in the Urbs Roma, either in 
 
 • the discharge of their Jurisdictio, or in their capa- 
 1 city of Judices or in respect of any other public 
 
 function. Sometimes the word Repetundae was 
 used to express the illegal act for which compensa- 
 : tion was sought, as in the phrase "Repetundarum 
 : insimulari, damnari ;" and Pecuniae meant not 
 only money, but anything that had value. Origi- 
 nally inquiry was made into this offence extra or- 
 1 dinem ex Senatusconsulto as appears from the case 
 . of P. Furius Philus and M. Matienus, who were 
 accused of this offence by the Hispani. (Li v. xliii. 
 2.) The first Lex on the subject was the Calpur- 
 nia, which was proposed and carried by the Tri- 
 . bunus Plebis, L. Calpumius Piso (b. c. 149), who 
 also distinguished himself as an historical writer. 
 
 ■ By this Lex a Praetor was appointed for trying 
 persons charged with this crime. (Cic. de Off. ii. 21, 
 Brut 27.) This Lex only applied to Provincial 
 Magistratus, because in the year B. c. 141 accord- 
 
 ■ ing to Cicero {da Fin. ii. IC) the like ott'enco in a 
 
 • Magistratus Urbanus was the subject of a Quaestio 
 extKi ordinem. It seems tiiat the penalties of the 
 
 ' Lex Calpurnia were merely pecuniary, and at least 
 ' did not comprise exsilium, for L. Lentulus who 
 1 was Censor b. c. 147, had been convicted on a 
 [ charge of Repetundae in the previous year. The 
 ; pecuniary penalty was ascertained by the litis aesti- 
 niatio, or taking an account of all the sums of money 
 which the convicted party had illegally received. 
 
 Various leges de repetundis were passed after 
 the Lex Calpurnia, and the penalties were continu- 
 ally made heavier. The Lex Junia was i)assed 
 ) probably about b. c. 126 on the proposal of M. Ju- 
 I nius Penims, Tribunus Plebis. It is probable that 
 this was the Lex under which C. Cato Proconsul 
 of Macedonia was living in exile at Tarraco (Cic. 
 pro Balho, 11 ; Veil. Pat. ii. 8); for at least cxsi- 
 I lium was not a penalty imposed by the Calpurnia 
 I Lex, but was added by some later Lex. This 
 Lex Junia and the Lex Calpurnia are mentioned 
 j in the Lex Servilia. 
 
 I The Lex Servilia Glaucia was proposed and car- 
 ried by C. Servilius Glaucia, Praetor, in the sixth 
 consulship of Marius B. c. 100. This Lex applied 
 to any magistratus who had improperly taken or 
 received money from any private person ; but a 
 magistratus could not be accused during the term 
 of office. The Lex enacted that the Praetor Pere- 
 grinus should annually appoint 450 judices for the 
 trial of this offence : the judices were not to be 
 senators. The penalties of the Lex were pecuniary 
 and exsilium ; the law allowed a comperendinatio. 
 (Cic. ia I'cir. u. i. 9.) Before the Lex Servilia, 
 the pecuniary penalty was simply restitution of 
 what had been wrongfully taken ; this Lex seems 
 to have raised the penalty to double the amount of 
 what had been wrongfullj- taken ; and subsequently 
 it was made quadruple. Exsilium was only the 
 punishment in case a man did not abide his trial, 
 but withdrew from Rome. (Savigny, Von dem 
 Sc/iuiz der Mind., Xcitsc/irift, x.) Under this Lex 
 werff tried M' Aquillius, P. Rutilius, M. Scaurus, 
 and Q. Metellus Numidicus. The Lex gave the Ci- 
 vitas to any person on whose complaint a person was 
 convicted of Repetundae. (Cic. pro Balho, 23, 24.) 
 When Sigonius was Professor at Padua, he found 
 in the library of Cardinal Bembo two fragments 
 of a Roman law on bronze, which for reasons 
 apparently sufficient, he considers to be fragments 
 of this Lex Servilia. The inscription, which is 
 greatly mutilated, is given in the work of Sigonius 
 De Judiciis, and has also been published by Klenze, 
 Berol. 1 825, but the writer has not seen the work 
 of Klenze. 
 
 The Lex Acilia, which seems to be of uncertain 
 date, was proposed and carried by M' Acilius Gla- 
 brio, a Tribunus Plebis, wliich enacted that there 
 should be neither ampliatio nor comperendinatio. 
 It is conjectured that this is the Lex Caecilia men- 
 tioned by Valerius Maximus (vi. 9, 10), in which 
 passage If the conjecture is correct, we should read 
 Acilia for Caecilia. (Cic. in Verr. Act. Pr. 17 ; in 
 Verr. ii. i. 9.) It has been doubted whether 
 the Acilia or Servilia was first enacted, but it ap- 
 pears that the Acilia took away the comperendina- 
 tio which the Servilia allowed. 
 
 The Lex Cornelia was passed in the dictatorship 
 of Sulla and continued in force to the time of C. 
 Julius Caesar. It extended the penalties of Repe- 
 tundae to other illegal acts committed in the pro- 
 vinces, and to judices who received bribes, to those 
 to whose hands the money came, and to those who 
 did not give into the Aerarium their Proconsular 
 accounts (proconsulares rationes). The Praetor who 
 presided over this quaestio chose the judges by lot 
 from the senators, whence it appears that the Ser- 
 vilia Lex was repealed by this Lex, at least so far 
 as related to the constitution of the court. This 
 Lex also allowed ampliatio and comperendinatio. 
 The penalties were pecuniary (litis aestimatio) and 
 the aquae et ignis interdictio. Under tliis Lex 
 were tried L. Dohibella, Cn. Piso, C. Verres, C. 
 Macer, M. Fonteius, and Lucius Flaccus, the two 
 last of whom were defended by Cicero. In the 
 Vcrrine Orations Cicero complains of the compe- 
 rendinatio or double hearing of the cause, which 
 the Lex Cornelia allowed, and refers to the practice 
 under the Lex Acilia, according to which the ease 
 for the prosecution, the defence, and the evidence 
 were only heard once, and so the matter was de- 
 cided. {In Verr. ii. i. 9.) 
 
 The last Lex de Repetundis was the Lex .lulia 
 
 3 G 2 
 
820 RESTITUTIO IN INTEGRUM. 
 
 RESTITUTIO IN INTEGRUM. 
 
 passed in the first coiisulsliip of C. Julius Caesar 
 D. c. 59. (Cic. ill Vat. 12.) This Lex consisted 
 of numerous Iieads (capita) which have been col- 
 lected by Sigonius. Tliis Lex repealed the penalty 
 of exsiliura, but in addition to the litis acstimatio, 
 it enacted that persons convicted under this Lex 
 should lose their rank, and be disqualified from 
 beijig witnesses, judices, or senators. This is the 
 Lex which was commented on by the Jurists, 
 whose expositions are preserved in the Digest (48. 
 tit. 11), and in the Code (!». tit. 27). This Lex 
 adopted some provisions that existed in previous 
 Leges, as for instance that liy which tlie money 
 that had been improperly retained could be reco- 
 vered from those into whose liands it could be 
 traced. (Cic. jim C. RaJiir. Post. 4.) The Lex 
 liad licen passed when Cicero made his oration 
 against Piso, b. c. 55. {In Pis. 21.) A. Gabinius 
 was convicted under this Lex. Many of its provi- 
 sions may be collected from the oration of Cicero 
 against Piso. Cicero boasts that in his proconsul- 
 sliip of Cilicia there was no cost caused to the peo- 
 ple liy himself, his legati, quaestor, nor any one 
 else; he did not even demand from the people 
 what the Lex (Julia) allowed him. {Ad Att. v. 10". ) 
 
 Under the Empire the offence was punishable 
 with exile. (Tacit. A iinal. xiv. 28, and the note of 
 Lij)sius.) 
 
 In Clinton's Fasti IMlcnici^ the Lex Calpurnia 
 is incorrectlj' stated to be the first law at Rome 
 against Bribery at Elections. Bribery is Ambitus. 
 
 (Sigonius <ie Jmliciis, ii. c. 27, to which subse- 
 quent writers have added very little.) [G. L.] 
 REPLICA'TIO. [Actio, p. 10.] 
 REPOSITO'RIA. [CoENA, p. 262.] 
 REPO'TIA. [Marriage (Roman), p. 605.] 
 REPU'DIUM. [DivoRTiuM.] 
 RES. [Dominium.] 
 RES MA'NCIPI. [Dominium.] 
 RESCRIPTUM. [Con.stitutiones.] 
 RESPONSA. [Jurisconsulti.] 
 RESTITU'TIO IN INTEGRUM, in the 
 sense in which the term will here be used, signifies 
 the rescinding of a contract or transaction so as to 
 place the parties to it in the same position with re- 
 spect to one another which they occupied before 
 the contract was made or the transaction took 
 place. The Restitutio here spoken of is founded 
 on the Edict. If the contract or transaction is such 
 as not to be valid according to the Jus Civile, this 
 Restitutio is not needed ; and it only applies to 
 cases of contracts and transactions which are not 
 in their nature or form invalid. In order to intitle 
 a person to the Restitutio, he must have sustained 
 some injury capable of being estimated, in conse- 
 quence of the contract or transaction, and not 
 through any fault of his own ; except in the case of 
 one who is minor xxv annomm, who was protected 
 by the Restitutio against the consequences of his 
 own carelessness. The injury also must be one 
 for which the injured person has no other remedy. 
 
 The Restitutio may either be effected on the 
 complaint of the injured party, which would gene- 
 rally be made after the completion of the transac- 
 tion, or when he is sued by the other party in re- 
 spect of the transaction and defends himself by an 
 Exceptio. The complaint as a general rule must 
 be made within four years of the time of the injury 
 heing discovered, and of the party being capable of 
 bringing his action; in the case of Minores the 
 four years were reckoned from tlie time of their 
 
 attaining their majority. In the case of an Excep- 
 tio there was no limitation of time. (Cod. 2. tit. 53. 
 s. 7.) According to the old law the complaint must 
 be made within one year. 
 
 The application for a Restitutio could only be 
 made to one who had Jurisdictio, either original 
 or delegated, which flowed from the possession 
 of the Imperium ; and it might according to the 
 circumstances, be decreed by the Magistratus ex- 
 tra ordinem, or the matter might be referred to 
 a Judex. When a Restitutio was decreed, each 
 party restored to the other what he had received 
 from him with all its accessions and fruits, except 
 so far as the fruits on one side might be set off 
 against the interest of money to be returned on 
 the other side. All proper costs and expenses in- 
 curred in respect of the thing to be restored were 
 allowed. If the object of the Restitutio was a 
 right, the injured party was restored to liis right; 
 or if he had incurred a duty, he was released from 
 the duty. 
 
 The action for Restitutio might be maintained 
 by the person injured, by his heredes, cessionarii, 
 and sureties ; but as a general rule it could only 
 be maintained against the person with whom the 
 contract had been made, and not against a third 
 person who was in possession of the thing which 
 was sought to be recovered, except when the actio 
 for restitutio was an actio in rem scripta, or the in- 
 jured party had an actio in rem, or when the right 
 which he had lost was a right in rem. 
 
 The grounds of Restitutio were either those ex- 
 pressed in the Edict, or any good and sufficient 
 cause : " item si qua alia milii justa causa esse vi- 
 debitur in integnim restituam, quod ejus per Leges 
 Plebiscita, Senatusconsulta, Edicta, Decreta Prin- 
 cipum licebit." (Dig. 4. tit. 6. s. 1.) 
 
 The ground of the Restitutio was that the party 
 wlio had just cause of complaint, had not bona fide 
 consented to the contract or transaction by which 
 he was injured. Tlie following are the chief cases 
 in which a Restitutio might be decreed. 
 
 The case of Vis et Metus. When a man had 
 acted under the influence of force, or reasonable 
 fear caused by the acts of the other party, he had 
 an actio quod metus causa for restitution against 
 the party who was the wrongdoer, and also against 
 an innocent person who was in possession of that 
 which had thus illegally been got from him, and 
 also against the heredes of the wrongdoer if they 
 were enriched by being his heredes. If he was 
 sued in respect of the transaction, he could defend 
 himself by an exceptio quod metus causa. The 
 actio Quod Metus was given by the Praetor L. 
 Octavius, a contemporary of Cicero. (Compare Cic. 
 i7i Verr. II. iii. ()5, and Dig. 4. tit. 2. s. I.) 
 
 The case of Dolus. When a man was fraudu- 
 lently induced to become a party to a transaction, 
 which was legal in all respects, saving the fraud, 
 he had his actio de dolo malo against the guilty 
 person and his heredes, so far as they were made 
 richer by the fraud, for the restoration of the thing 
 of which he had been defrauded, and if that was 
 not possible, for compensation. Against a third 
 party who was in bona fide possession of the thing, 
 he had no action. If he was sued in respect of the 
 transaction, he could defend himself by the excep- 
 tio doli mali. (Culpa, and compare Dig. 4. tit. 3.) 
 
 The case of Minores xxv. annorum. A Minor 
 could by himself do no legiil act for which tlie 
 assent of a Tutor or Cui'ator was required, and 
 
RESTITUTIO IN INTEGRUM. 
 
 RETIS. 
 
 821 
 
 therefore if he did such act by himself, no Resti- 
 tutio was necessary. If the Tutor had given his 
 i Auctoritas, or the Curator his assent, the trans- 
 ;actiou was legally binding, but yet the Minor 
 |: could claim Restitutio if he had sustained injury 
 by the transaction. Gaius (iv. 57) gives an exam- 
 ple, when he says that if too large an amount was 
 inserted in the Condemnatio of the Formula, the 
 , matter is set right by the Praetor, or in other 
 I words " reus in integrum restituitur," but if too 
 f little was inserted in the fonnula, the Praetor would 
 I not make anj' alteration; "for," he adds, "the 
 I Praetor more readily relieves a defendant than a 
 (plaintiff; but we except the case of Minores xxv 
 i annorum, for the Praetor relieves persons of this 
 class iu all cases wherein they have committed 
 ri r.ir (in omnibus rebus lapsis)." 
 
 There were liowever cases iu which Minores could 
 ubtain no Restitutio ; for instance, when a iVIinor 
 i\itli fraudulent design gave himself out to be 
 r^Iajor; when he continued the transaction after 
 cjiiiing of age; and in other cases. The benefit of 
 this Restitutio belonged to the heredes of the Mi- 
 ii'ir, and generally also to sureties. The deuumd 
 miikl only be made, as a general rule, against the 
 person with wliom the Minor had the transaction 
 and Ids heredes. Tlie Mincu' had four years after 
 attaining his majorit}-, in which he could sue. The 
 older law allowed only one year. If the time had 
 ipit elapsed when he died, his heres had the benefit 
 iH the remaining time, which was reckoned from 
 till' time adeundi hereditatem ; and if the heres 
 uas a Minor, from the tnne of his attaining his 
 majority. [Ci'RATOii.] 
 
 The case of Absentia : which comprehends not 
 merely absence in tlic ordinary sense of the word, 
 but absence owing to madness or imprisonment, 
 and the like causes. (Dig. 4. tit. (i. s. 28.) If a 
 man had sustained injury by his own absentia, he 
 \\as generally intitled to restitutio, if the absentia 
 was unavoidable : if it was not unavoidable, he 
 was intitled to Restitutio, cither if he could have 
 no redress from his Procurator, or was not blam- 
 able for not having appointed one. If a man found 
 that he might sustain damage on account of the 
 absence of his adversary, he might avoid that by 
 entering a protestation in due form. 
 
 The case of Error, Mistake, comprehends such 
 error as cannot be imputed as blame ; and in such 
 case, a man could always have restitutio when 
 another was enriched by his loss. The erroris 
 causae probatio somewhat resembles this case. 
 (Gaius, i. 67 — 75.) 
 
 The case of Capitis dimiimtio through adrogatio 
 or in manum conventio, which was legtdly followed 
 by the extinction of all the obligationes of the per- 
 son adrogated or in manu. The Praetor restored 
 to the creditors of such persons their former rights. 
 (Gaius, iii. 83; iv. 38.) 
 
 The case of alienatio judicii mutandi causa facta 
 is hardly a case of restitutio, though sometimes 
 considered such. It occurs when a man alienates 
 a thing for the purpose of injuring a claimant by 
 substituting for himself another against whom 
 the claimant cannot so easily prosecute his right. 
 In the case of a thing which the Possessor h;id 
 thus alienated, the Praetor gave an actio in factum 
 against the alienor to the full value of the thing. If 
 a man assigned a claim or right with the view of 
 injuring his adversary by giving him a harder 
 claimant to detd with, the adversary could meet the 
 
 assignee, when he sued, with an cxceptio judicii 
 mutandi causa. 
 
 The case of alienatio in fraudera creditorum 
 facta. (Dig. 42. tit. 8.) When a man was insol- 
 vent (non solvendo), and alienated his property for 
 the purpose of injuring his creditors, the Praetor's 
 Edict gave the creditors a remedy. If for instance 
 a debt was paid post bona possessa, it was abso- 
 lutely void, for the effect of the Bononun Possessio 
 in the case of insolvency was to put all the credi- 
 tors on the same footing. If any alienation was 
 nuide before the Bonorum Possessio, it was valid 
 in some cases. A debtor might reject any thing 
 which was for his advantage, for the Praetor's 
 edict related only to the diminution of his property, 
 and not to its increase. If the act was such as to 
 diminish liis property (fraudationis causa) the cre- 
 ditors, as a general rule, were intitled to have the 
 act Uiidone. A creditor who exacted his just debt, 
 was intitled to retain it. The actio by which the 
 creditors destroyed the effect of an illegal aliena- 
 tion was called Pauliana, which was brought by 
 tlie Curator bonorum in the name of the creditors, 
 for the restoration of the thing which had been im- 
 properlj' aliened, and all its fruits. The creditors 
 were also intitled to an Interdictuin fraudatorium 
 in order to get possession of the thing that had 
 been improperly aliened. (.Dig. 36. tit. 1. s. 67.) 
 
 In the Imperial times, Restitutio was also ap- 
 plied to the remission of a punishment (Tac. An/i. 
 xiv. 12 ; Plin. L'j>. x. 04, (i5 ; Dig. 48. tit. 1 9. s. 27) 
 which could only be done by the Imperial grace. 
 
 (Dig. 4. tit. 1—7 ; 44. tit. 4 ; Paulus, S. R. i. 
 tit. 7 — 9 ; Cod. 2. tit. 20 — 55 ; Cod. Tl.eod. ii. 
 tit. 15, 1() ; Miihlenbruch, />oc<. I'aiuh-.d. ; Mac- 
 keldey, Lehrhucli, 6ic. ; Rein, Uas Rumisciic Pri- 
 vatnclit.) [G. L.] 
 
 RESTITUTO'RIA ACTIO. [Intekcessio, 
 p. 521.] 
 
 RETIA'RII. [Gladiatores, p. 45G.J 
 
 RETl'CULUM. [Calantica.] 
 
 RETIS and RETE ; dim. RETICULUM 
 {ZiKTvov), a net. Nets were made most commonly 
 of flax from Egyj)t, Colchis, the vicinity of the 
 Cinyps in North Afinca, and some other places. 
 Occasionally they were of hemp. (Vai'ro, de Re 
 Rust. iii. 5.) They are sometimes called Una 
 (AiVa) on account of the material of which they 
 consisted. (Hom. II. v. 487 ; Brunck, Anal. ii. 
 4.')4, 495.) The meshes {maculae, Ovid, Episl. v. 
 19 ; Varro, dc Re Rust. iii. 11 ; Nemesiani, Ci/my, 
 302; fipuxot, dim. jSpox'Ses, lleliodor. vi. p. 231. 
 ed. Comnielin.) were great or small according to 
 the purposes intended ; and these purposes were 
 very various. But by far the most important appli- 
 cation of net-work was to the three kindred arts of 
 fowling, hunting, and fishing : and besides the ge- 
 neral tenns used alike in reference to all these em- 
 ployments, there are special tenns to be explained 
 under each of these heads. 
 
 I. In fowling the use of nets was comparatively 
 limited (Aristoph. Ac. 528); nevertheless thrushes 
 were caught iu them (Ilor. Ejiod. ii. 33, 34); and 
 doves or pigeons with their limbs tied up or fas- 
 tened to the ground, or with their eyes covered or 
 put out, were confined in a net, in order that their 
 cries might allure others into the stuire. (Aristoph. 
 Al: 1083.) Tlie ancient Egyptians, as we learn 
 from the paintings in their tombs, caught birds in 
 clap-nets. (Wilkinson, Man. ami Cud. v. iii. p. 35 
 —38. 45.) 
 
822 
 
 RETIS. 
 
 RETIS. 
 
 II. In hunting it was usual to extend nets in a 
 curved line of considerable length, so as in part to 
 surround a space into whicli the beasts of chace, 
 such as the hare, the boar, the deer, the lion, and 
 the bear, were driven through the opening left on 
 one side. (Aelian, H. A. xii. 46 ; Tibullus, iv. 3. 
 12 ; Plin. //. iV. xix. 2. § 2.) This range of nets 
 was flanked by cords, to which feathers dyed scar- 
 let and of other bright colours were tied, so as to 
 flare and flutter in the wind. The hunters then 
 sallied forth with their dogs, dislodged the animals 
 from their coverts, and by shouts and barking 
 drove them first within the formido. as the appa- 
 ratus of string and feathers was called, and then, 
 as they were scared with this appearance, within 
 the circuit of the nets. Splendid descriptions of 
 this scene are given in some of tlie following pas- 
 sages, all of which allude to tlie spacious enclosure 
 of net- work : (Virg. Gearr/. iii. 411 — 413; Acti. iv. 
 121. 151—159; X. 707— 715; Ovid, £pjs/. iv. 41, 
 42; V. 19,20; Oppian, iv. 120— 123; Eurip. 
 Bacchac, 821 — 1)32.) The accompanying woodcuts 
 are taken from two bas-reliefs in the collection of 
 ancient marbles at Ince-Blundell in Lancashire. 
 In the uppermost figure three servants with slaves 
 carry on their shoulders a large net, which is in- 
 
 tended to be set up as already described. (Tibullus, 
 i. 4. 4!), 50 ; Sen. Hippo!, i. 1.44; Propert. iv. 2. 
 32.) The foremost servant holds by a leash a dog, 
 which is eager to pursue the game. In the middle 
 figure the net is set up. At each end of it stands 
 
 a watchman holding a staif. (Oppian, Cyncff. iv. 
 124.) Being intended to take such large (juadru- 
 peds as boars and deer (which are seen within it), 
 the meshes are very wide (reiM vara, Virg. Aeri. 
 iv. 131; Hor. Ejiod. ii. 33). The net is supported 
 by three stakes ((TTaXiKes, Oppian, Cijncy. iv. ()7, 
 &c. ; Pollux, V. 31 ; aiicoiics, Gratius, Cyncij. 87 ; 
 i-an, Lucan, iv. 439). To dispose the nets in this 
 manner was called rctia pomrc (Virg. Geory. i. 
 307), or ntia tcmlere (Ovid, Art. Amat. i. 45). 
 Comparing it with the stature of the attendants, 
 ■we perceive the net to be between five and six feet 
 high. The upper border of the net consists of a 
 strong rope, which was called (XapSuv. (Xen. de 
 Vctuit. vi. 9.) The figures in the following woodcut 
 
 represent two men carrying the net home after 
 the chace ; the stakes for supporting it, two of 
 which they hold in their hands, are forked at the 
 top, as is expressed by the terms for them already 
 quoted, anconcs and I'ari. 
 
 Besides the nets used to inclose woods and co- 
 verts or other large tracts of country two additional 
 kinds are mentioned by those authors who treat on 
 hunting. All the three arc mentioned together by 
 Xenophon {S'lKTva, iv6Sia, apKves, ii. 4), and by 
 Nemesianus {Cyncy. 299, 300). 
 
 The two additional kinds were placed at inter- 
 vals in tlie same circuit with the large hunting-net 
 or haye. The road-net (j'laya, emStov) was much 
 less than the others, and was placed across roads 
 and narrow openings between bushes. The purse- 
 or tunnel-net {cunsis, apKvs) was made with a hag 
 {KEKpv(pa\os, Xen. dc Vo.nat. vi. 7), intended to 
 receive the animal when chased towards the extre- 
 mity of the inclosure. Within this bag, if we may 
 so call it, were placed branches of trees, to keep it 
 expanded and to decoy the animals by making it 
 invisible. The words &pKvs or cassis are used me- 
 taphorically to denote some certain method of de- 
 stniction, and are more particularly applied, as 
 well as aixipiSK-qaTpov, which will be explained 
 immediately, to the large shawl in which Clytem- 
 nestra enveloped her husband in order to murder 
 him. (Acschyl. Ayam. 1085. 1346. 1353; Coeph. 
 485 ; Eumcn. 1 12.) 
 
 III. Fishing-nets (oAieuri/cd Si'/crua, Diod. Sic. 
 xvii. 43. p. 193. Wess.) were of six different 
 kinds, which are enumerated by Oppian {Hal. iii. 
 80—82) as follows : 
 
 Twv TO. fitv dfi<piS\-n(TTpa,rot Se ■yp7<poi KaAeovrai, 
 
 rdyyana r, rjS' vivoxal TrepiTjyecj, ^Se aayfjvai, 
 
 'AAAa KiKK-^tTKOvcTi Ka\vfx.fmra. 
 
 Of these by far the most common were the 
 
 0. fupiSK'qdTpov, or casting-net {fu7ida, jaadiim, 
 rctiiictdum) and the aayijw, i- e. the drag-net, or 
 sean (trayum, Isid. Hisp. Oriy. xix. 5 ; irayula, 
 vc.rricidum). Consequently these two are the only 
 kinds mentioned by Virgil in Georg. i. 141, 142. 
 and by Ovid in Ar. Amat. i. 763, 764. Of the 
 KaKvfjLixa we find nowhere any further mention. 
 W e are also ignorant of the exact form and use of 
 the yp^Kpos, although its comparative utility may 
 be inferred from the mention of it in conjunction 
 with the sean and casting-net by Artemidorus (ii. 
 14) and Plutarch {irepi €u9u^j. v. v. p. 838. ed. 
 Steph.). The ydyyafxav was a small net for catch- 
 ing oysters. (Hesych. s.v. Aeschyl. Ayam. 352 ; 
 Arrian, Iiid. i. p. 525. ed. Blancardi.) The viroxv 
 was a landing-net, made with a hoop (kvk'ms) 
 fastened to a pole, and perhaps provided also with 
 the means of closing the circular aperture at the 
 top. (Oppian, Hal. iv. 251.) The metaphorical 
 use of the term dficplSX-naTpov has been already 
 mentioned. That it denoted a casting-net may be 
 concluded both from its etymology and from the 
 circumstances in wliich it is mentioned by various 
 authors. (Hesiod, &■«/. //cm 213— 215 ; Herod. 
 
 1. 141 ; Ps. cxli. 10; Is. xix. 8; Hab. i. 15—17. 
 (Ixx. and Vulgate versions); St. Matt. iv. 18; 
 St. Mark, i. 16.) More especially the casting-net, 
 being always pear-shaped or conical, was suited to 
 the use mentioned under the article Conopeum. 
 Its Latin names are found in the passages of Vir- 
 gil's Oeorgics, and of the Vulgate Bible above re- 
 ferred to, in Plautus, Asinar. i. i. 87 ; True. l. i. 
 14 ; and in Isid. Hisp. Oriy. xix. 5. 
 
REX SACRIFICULUS. 
 
 'PHTOPIKH' rPA*H'. 823 
 
 The English term sean (which is also in the 
 south of England pronounced and spelt seine, as in 
 Frendi), lias been brought into our language by a 
 corruption of the Greek aayifii/T) througli the Vul- 
 gate Bible (smjetia) and the Anglo-Saxon. (Ezek. 
 xxvi.5.14; xlvii.lO; St.Matt. xiii. 47, 48; St.John 
 xxi. G — 11.) This net, which, as now used both 
 by the Arabians and by our own fishennen in 
 Cornwall, is sometimes half a mUe long, was pro- 
 bably of equal dimensions among the ancients, for 
 they speak of it as nearly taking in the compass 
 of a whole bay. (Hom. Od. xxii. 384—387 ; Alci- 
 phron, i. 17, 18.) This circumstance well illus- 
 trates the application of the term to describe the 
 besieging of a city : to encircle a city by an unin- 
 terrupted line of soldiers was .called (Ta'yr)vevsiv. 
 (Herod, iii. 145 ; vi. 31 ; Plato, ilc Lug'j. iii. -propc 
 fin.; Heliodoi-us, vii. p. 304. ed Conunelini.) The 
 use of corks ((pcAAol, cortices sul«irini, Sidon. 
 Apollin. Episl. ii. 2; Plin. H.N. xvi. 8. § 13) 
 to support the top, and of leads (^toAigSi'Sej) to 
 keep down the bottom, is frequently mentioned by 
 ancient writers (Ovid. Trist. m. iv. 11, 12 ; Aelian, 
 H.A. xii. 43 ; Pausan. viii. 12. § 1), and is clearly 
 exhibited in some of the paintings in Egyptian 
 tombs. Leads, and pieces of wood serving as floats 
 instead of corks, still remain on a scan wliich is 
 preserved in the fine collection of Egyptian anti- 
 quities at Berlin. [J. Y.] 
 REUS. [Actor ; Obligationes, p. 0.58.] 
 REX SACRIFI'CULUS, REX SACRl'FI- 
 CUS, or REX SACRO'RUM. When the civil 
 and military powers of the king were transferred 
 to two praetors or consuls, upon the establishment 
 of the republican government at Rome, these ma- 
 gistrates were not invested with that part of the 
 royal dignity by virtue of which he had been the 
 high priest of his nation and had conducted several 
 of the sacra publica, but this priestly part of his 
 office was transferred to a priest called Rex Sacri- 
 ficulus or Rex Sacroram. (Liv. ii. 2 ; Dioiiys. iv. 
 74; v. 1.) The first rex sacrorum was designated, 
 at the command of the consuls, by the college of 
 pontiffs, and inaugurated by the augiu-s. He was 
 always elected and inaugurated in the comitia ca- 
 lata under the presidency of the pontiffs (Gell. xv. 
 27), and as long as a rex sacrificulus was appoint- 
 ed at Rome, he was always a patrician, for as he 
 had no iaiHuence upon the management of political 
 affairs, the plebeians never coveted this dignity. 
 (Liv. vi. 41 ; Cic. pro Dom. 14.) But for the 
 same reason the patricians too appear at last to 
 have attributed little importance to the office ; 
 whence it sometimes occurs that for one or even 
 for two successive years no rex sacrorum was ap- 
 pointed, and during the civil wars in the last pe- 
 riod of the republic, the office appears to have 
 fallen altogether into disuse. Augustus however 
 seems to have revived it, for we find frequent 
 mention of it during the empire, until it was pro- 
 bably abolished in the time of Theodosius. (Orelli, 
 Iwcr. n. 2280 ; 2282 ; 2283.) 
 
 Considering that tliis priest was the religions 
 representative of the kings, he ranked indeed 
 higher than all other priests, and even higher than 
 the pontifex maxiiuus (Festus, s. v. Ordo sacerdo- 
 tU7u), but in power and influence he was far infe- 
 rior to him. {Id sacerdolium po7itifici suhjecere, Liv. 
 ii. 2.) He held his office for life (Dionys. iv. 74), 
 was not allowed to hold any civil or military dig- 
 nity, and was at the same time exempted from all 
 
 military and civil duties. (Dionys. I. c; Plut. 
 QuaesL Rom. 60 ; Liv. xl. 42.) His principal func- 
 tions were : 1. To perform those sacra publica 
 which had before been performed by the kings ; 
 and his wife, who bore the title of reyina sacrorum, 
 had like the queens of former days also to perform 
 certain priestly functions. These sacra publica he 
 or his wife had to perform on all the Calends, Ides, 
 and the Nundines; he to Jupiter, and she to Juno, 
 in the regia. (Varro, de Ling. Lat. v. p. 54. Bip. ; 
 Macrob. Sat. i. 15.) 2. On the days called regi- 
 fugium he had to offer a sacrifice in the comitium. 
 [Regifugium.] 3. When extraordinary portenta 
 seemed to announce some general calamity, it was 
 his duty to try to propitiate the anger of the gods. 
 (Fest. i: Keyiae /criae.) 4. On the nundines 
 when the people assembled in the city, the rex sa- 
 crorum announced (ediccbcd) to them the succession 
 of the festivals for the month. This part of his 
 functions however must have ceased after the time 
 of Cn. Flavins. (Varro, de Ling. Lat. v. p. 54; 
 Serv. ud Aen. viii. 654.) He lived in a domus 
 publica on the via sacra, near the regia and the 
 house of the vestal virgins. (Ambrosch, Studien u. 
 Andeufmigcfi, p. 41 — 76.) [L. S.] 
 
 RHEDA or REDA was a travelling carriage 
 with four wheels. Like the Covinus and the 
 EssEDUM it was of Gallic origin, (Quintil. List. 
 Oral. i. 5. §68; Caes. Bell. Gall. i. 51,) and 
 may perhaps contain the same root as the Gennan 
 rcitcn and our ride. It was the common carriage 
 used by the Romans for travelling, and was fre- 
 quently made large enough not only to contain 
 many persons, but also baggage and utensils of va- 
 rious kinds. (Cic. pro Mil. 10. 20 ; Juven. iii. 10 ; 
 Mart. iii. 47.) The word Epirlicdium, which was 
 formed by the Romans from the Greek preposition 
 M and the Gallic rlmla (Quint. I. c), is explained 
 by the Scholiast on Juvenal (viii. 66) as : " Orna- 
 mentum rhedarum aut plaustrnm." 
 'PHXn'P. ['PHTOPIKH" rPA*H'.] 
 'PHTOPIKH^ rPA4>H'. The best interpretation 
 of this expression is perhaps that given by Harpo- 
 cratioii and Suidas, s. v. rj koto (ii'iTopos yevofiivij, 
 ypd^avT6s ti r} (iitovros ri 7rpct|ayTor irapdvo/Mov. 
 There was not any particular class of persons 
 called prjTopes, invested with a legal character, or 
 intrusted with political duties, at Athens. For 
 every citizen, who did not labour under some spe- 
 cial disability, was entitled to address the people 
 in assembly, make motions, propose laws, &c. 
 The name of pi^Topes, however, was given in com- 
 mon parlance to those orators and statesmen, who 
 more especially devoted themselves to the business 
 of public speaking ; while those who kept aloof 
 from, or took no part in, the business of popular 
 assemblies, were called iStiuTai. Hence ^riTwp is 
 explained by Suidas, s. v. 'O 877^101 avfxSovKevwv 
 Koi 6 tv Zrffia dyopeuwv. The pTjTopi/cr) ypa<f>ri 
 might be either the same as the Tsapavop-uv ypacprj, 
 or a more special prosecution, attended with 
 heavier penalties, against practised demagogues, 
 who exerted their talents and influence to deceive 
 the people and recommend bad measures. Others 
 have conjectured this to be a proceeding similar to 
 the iirayyeX'ta SoKip-acrias, directed against those 
 persons who ventured to speak in public, after 
 having been guilty of some misdemeanour which 
 would render them liable to drifi'ia. Of this nature 
 was the charge brought against Timiirchus by 
 Aescliines, whose object was to prevent the latter 
 
824 
 
 RINGS. 
 
 RINGS. 
 
 from appearing as prosecutor against him on the 
 subject of the emhassy to Philip. (Schomann, de 
 Comit. 108 ; Meier, Att. Proc. 209.) [C. R. K.] 
 'PH'TPA. [NO'MOS.] 
 
 'PTTO'N, a drinking-horn ((ce'pos), by which 
 name it was originally called, is said by Athenaeus | 
 (xi. p. 497. b) to have been first made under 
 Ptolemy Philadelphus ; but it is even mentioned 
 in Demosthenes (c. Mid. p. 5G5. 29), as Athenaeus 
 himself also remarks. The oldest and original 
 form of this drinking-hom was probably the 
 horn of the ox, but one end of it was afterwards 
 ornamented with the heads of various animals and 
 birds. We frequently find representations of the 
 pxn6v on ancient vases depicting symposia. [See 
 woodcut, p. 302.] Several specimens of these 
 drinking-honis have also been discovered at Pom- 
 peii {Musco Boi-honku, vol. viii. 14, v. 20) : two of 
 these are given in the annexed cut. 
 
 The pvTov had a small opening at the bottom, 
 which the person who drank put into his mouth, 
 and allowed the wine to run in : hence it derived 
 its name {wvofjuxaQai re diro ttJs putrcws, Athen. 
 xi. p. 497. e). We see persons using the pvrdv in 
 this way in ancient paintings. (Pitt, d' Ercol. v. t. 
 46 ; Zahn, Ornam. und Wandyem. t. 90.) Martial 
 (ii. 35) speaks of it under the name of BJiyliuni. 
 (Becker, CJuirildes, i. p. 505.) 
 
 RICA. [Flamen, p. 42.5.] 
 
 RICI'NIUM. RECI'NIUM or RECINUS, an 
 article of dress. The name was according to Festus 
 (s. V.) applied to any dress consisting of a square 
 piece of cloth. It occurs in a fragment of the 
 Twelve Tables (Cic. de Lcyg. ii. 23), and the an- 
 cient commentators according to Festus explained 
 the word there as a toga for women (if the reading 
 Ver. tof/am be right instead of virilem toyam), with 
 a purple stripe in front. That it was an article of 
 female dress, and more especially a small and short 
 kind of pallium, is stated by Nonius (xiv. 33) on 
 the autiiority of Varro. It was worn in grief and 
 mourning, and in such a manner that one half of it 
 was thrown back (Varro, de Liny. Lut. iv. p. 37. 
 Bip. ; Serv. ad Acii. i. 286 ; Isidor. Or. xix. 25), 
 whence the ancient grammarians derive the word 
 from rcjiccre, although it is manifestly a derivative 
 from rim, which was a covering of the head used 
 by females. (Varro, /. c; Fest. *■ v. Rica.) The 
 grammarians appear themselves to have had no 
 clear idea of the ricinium ; but after careful exami- 
 nation of the passages above referred to, it appears 
 to have been a kind of mantle, with a sort of cowl 
 attached to it, in order to cover the head. It was 
 also worn by mimes upon the stage (Fest. I. c. and 
 s. v. Orclwsira), and the mavortium, mavorte, or 
 mavors of later times w:is thought to be only an- 
 other name for what had formerly been called rici- 
 nium. [L. S.] 
 
 RINGS (SoictJAio, anmdi). Every freeman in 
 Greece appears to have used a ring ; and at least 
 
 in the earlier times, not as an ornament, but as an 
 article for use, as the ring always served as a seal. 
 How ancient the custom of wearing rings among 
 the Greeks was, cannot be ascertained ; though it 
 is certain, as even Pliny (//. xxxiii. 4)observes, 
 that in the Homeric poems there are no traces of 
 it. In works of fiction, however, and those legends 
 in which the customs of later ages are mixed up 
 with those of tlie earliest times, we find the most 
 ancient heroes described as wearing rings. (Paus. 
 
 i. 17. § 3 ; X. 30. § 2 ; Eurip. Ipliiy. Aid. 154; 
 Hippul. 859.) But it is highly probable that the 
 custom of wearing rings was introduced into 
 Greece from Asia, where it appears to have been 
 almost universal. (Herod, i. 195; Plat, de Re 
 Pull. ii. p. 359.) In the time of Solon seal-rings 
 ((TcppayiScs), as well as the practice of counterfeit- 
 ing them, appears to have been ratlier common, for 
 Diogenes Laertius (i. 57) speaks of a law of Solon 
 which forbade the artists to keep the form of a seal 
 {crcppayis) which he had sold. (Instances of 
 counterfeited seals are given in Becker's Charikles, 
 
 ii. p. 217.) Vl^hether, however, it was customary 
 as early as the time of Solon to wear rings with 
 precious stones on which the figures were engrav- 
 ed, may justly be doubted ; and it is much more 
 probable that at that time the figures were cut in 
 the metal of the ring itself, a custom which was 
 never abandoned altogether. Rings without pre- 
 cious stones were called d^cpoi, the name of the 
 gem being ^rj<l>os or (T<ppayis. (Artemidor. 0/ieiro- 
 cril. ii. 5.) In later times rings were worn more 
 as ornaments than as articles for use, and persons 
 now were no longer satisfied with one, but wore 
 two, three, or even more rings ; and instances are 
 recorded of those who regularly loaded their hands 
 with rings. (Plat. Hipp.Miii. p. 36fi ; Aristoph. 
 Eccles. 632 ; A'ub. 332, with the Schol. ; Dinarch. 
 in Demos)//, p. 29 ; Diog. Laert. v. 1.) Greek 
 women likewise used to wear rings, but not so fre- 
 quently as men ; the rings of women also appear 
 to have been less costly than those of men, for 
 some are mentioned which were made of amber, 
 ivory, &c. (Arteinid. /. c.) Rings were mostly 
 worn on the fourth finger (iropa'juciros, Plut. S^/m- 
 pos. fruym. lib. iv. ; Gellius, x. 10). The Lace- 
 daemonians are said to have used iron rings at all 
 times. (Plin. //. A'^ xxxiii. 4.) With the excep- 
 tion perhaps of Sparta, the law does not appear to 
 have ever attempted in any Greek state to counter- 
 act the great partiality for this luxury ; and no- 
 where in Greece does the right of wearing a golden 
 ring appear to have been confined to a particular 
 order or class of citizens. 
 
 The custom of wearing rings was believed to 
 have been introduced at Rome by the Sabines, 
 who were described in the early legends as wear- 
 ing golden rmgs with precious stones (getmnati 
 uiinuli) of great beauty. (Liv. i. 11 ; Dionys. ii. 
 38.) Florus (i. 5) states that it was introduced 
 from Etruria in the reign of Tarquinius Priscus, 
 and Pliny (/. c.) derives it from Greece. The 
 fact that among the statues of the Roman kings 
 in the capitol, two, Numa and Servius Tullius, 
 were represented with rings, can scarcely be ad- 
 duced as an argument for their early use, as later 
 artists would naturally represent the kings with 
 such ensigns as were customary for the highest 
 magistrates in later times. But at whatever time 
 rings may have become customary at Rome, thus 
 much is certain, that at first they were always of 
 
RINGS. RINGS. 8-25 
 
 on, that they were destined for the same purpose 
 in Greece, namely, to be used as seals, and that 
 ery free Roman had a right to use such a ring. 
 
 his iron ring was used down to the last period 
 K the republic by such men as loved the simplicity 
 If the good old times. Marius wore an iron ring 
 
 1 his triumph over Jugurtiui, and several noble 
 
 uuilics adhered to the ancient custom, and never 
 
 /ore golden ones. (Plin. H.N. xxxiii. 6.) 
 ^\'llen senators in the early times of the republic 
 
 vere sent as ambassadors to a foreign state, they 
 I vore during the time of their mission golden rings, 
 
 vhich they received from the state, and which 
 
 vere perhaps adorned with some symbolic repre- 
 
 entation of the republic, and might serve as a 
 
 tate-seal. But ambassadors used their rings 
 
 inly in public ; ui private they used their iron 
 
 mes. (Plin. xxxiii. 4.) In the course of time it be- 
 came customary for all the senators, chief magis- 
 
 rates, and at last for the equites also, to wear a 
 
 ;i)lden seal-ring. (Liv. ix. 7. 40" ; xxvi. 36 ; Cic. 
 
 ■. i'err. iv. 2.5 ; Liv. xxiii. V2 ; Flor. ii. 6.) This 
 
 iglit of wearing a golden ring, which was subse- 
 
 lueutly called the jus annuli aurei, or the jus 
 
 uimdorum,vcmaxne& for several centuries at Rome 
 
 ihe exclusive privilege of senators, magistrates, 
 • ind equites, while all other persons continued to 
 [ use iron ones. (Appian. i/c ifei. Pun. 104.) Ma- 
 gistrates and governors of provinces seem to have 
 
 ihad the right of conferring upon inferior officers, or j a libertus with the annulus might be tortured, if, 
 such persons as had distinguished themselves, the c. (j. his patron died an unnatural death, as in case 
 privilege of wearing a golden ring. Verres thus of such a libertus dying, his patron might succeed 
 presented his secretary with a golden ring in the ! to his property. The freedman had thus during 
 assembly at Syracuse. (Cic. e. Verr. iii. 76. 80 ; | his lifetime only an imago libertatis, he was a 
 (((/ Fam. X. 32 ; Suet. C'acs. 39.) During the quasi ingenuus but had not the status of an in- 
 empire the right of granting the annulus aureus genuus (Cod. 6. tit. 8. s. 2 ; Dig. 40. tit. 10. s. 5), 
 belonged to the emperors, and some of them were and he died quasi libertus. In the reign of Jus- 
 not very scrupulous in conferring this privilege, tinian these distinctions were done away with. 
 Aujjustus gave it to Mena, a freedman, and to Isidorus (xix. 32) is probably alluding to the pe- 
 
 equestrian census, who therefore for this reason 
 alone could not become equites ; nay, the jus 
 annuli at this late period did not even raise a 
 freedman to the station of ingenuus : he only be- 
 came, as it were, a half ingenuus {qmisi inijciLuus), 
 that is, he was entitled to hold a public office, and 
 might at any future time be raised to the rank of 
 eques. (Jul. Capitol. Macrin. 4.) The Lex Visel- 
 lia (Cod. 9. tit. 21 ) punished those freedmen, who 
 sued for a public office without having the jus 
 annuli aurei. In many cases a libertus might 
 through the jus annuli become an eques, if he liad 
 the requisite census, and the princeps allowed it ; 
 but the annulus itself no longer included this 
 honour. This difference in the character of the 
 annulus appears to be clear also from the fact, that 
 women received the jus annuli (Dig. 40. tit. 10. 
 s. 4), and that Alexander Severus, though he 
 allowed all his soldiers to wear the golden ring, 
 yet did not admit any freedmen among the equites. 
 (Lamprid. Al. Sev. 9.) The condition of a libertus 
 who had received the jus annuli was in the main 
 as follows. Hadrian had laid down the general 
 maxim, that he should he regarded as an ingenuus, 
 salvo jure paironi. (Dig. 40. tit. 10. s. 6.) The 
 patronus had also to give his consent to his freed- 
 man accepting the jus annuli, and Commodus took 
 the annulus away from those who had received it 
 without this consent. (Dig. 40. tit. 10. s. 3.) Hence 
 
 Antoninus Musa, a physician. (Dion Cass, xlviii, 
 48 ; liii. 30.) In A. D. 22 the emperor Tiberius 
 ordained that the golden ring should only be worn 
 by those ingenui whose fathers and grandfathers 
 had had a property of 400,000 sestertia, and not 
 by any freedman or slave. (Plin. H. N. xxxiii. 8.) 
 But this restriction was of little avail, and the 
 ambition for the annulus aureus became greater 
 tlian it had ever been before. (Plin. Epist. vii. 26; 
 viii. 6 ; Suet. Galh. 12. 14 ; I'acit. Hist. i. 13 ; 
 Suet. ViM. 12 ; Stat. Silv. iii. 143, &c.) The 
 emperors Severus and Aurelian conferred the right 
 of wearing golden rings upon all Roman soldiers 
 (Herodian. iii. 8; Vopisc. Aurd. 7); and Jus- 
 tinian at length allowed all the citizens of the em- 
 pire, whether ingenui or libertini, to wear such 
 rings. 
 
 The status of a person who had received the jus 
 annuli appears to have differed at different times. 
 During the republic and the early part of the em- 
 pii'e the jus annuli seems to have made a person 
 ingenuus (if he was a libertus), and to have raised 
 him to the rank of eques, provided he had the 
 requisite equestrian census (Suet. Galb. 10. 14 ; 
 Tacit. HuH. i. 13; ii. 57), and it was probably 
 never granted to any one who did not possess this 
 census. Those who lost their property, or were 
 found guilty of a criminal offence, lost the jus an- 
 nuli. (Juv. Sat. xi. 42 ; Mart. viii. 5; ii. ,57.) 
 Afterwards, especially from the time of Hadrian, 
 the privilege was bestowed upon a great many 
 freedmen, and such persons as did not possess the 
 
 riod preceding the reign of Justinian, when he 
 says, that freemen wore golden, freedmen silver, 
 and slaves iron rings. 
 
 The practical purposes, for which rings or rather 
 the figures engraved upon them were used at all 
 times, were the same as those for which we use 
 our seals. Besides this, however, persons, when 
 they left their houses, used to seal up such parts 
 as contained stores or valuable things, in order to 
 secure them from thieves, especially slaves. (Plat. 
 de Le(j(j. xii. p. 954 ; Aristoph. Tlicsmojili. 414, 
 &c. ; Plant. Cas. ii. 1. 1 ; Cic. ad Fam. xvi. 26 ; 
 de Oral. ii. 61 ; Mart. ix. 88.) The ring of a Ro- 
 man emperor was a kind of state-seal, and the em- 
 peror sometimes allowed the use of it to such 
 persons as he wished to be regarded as his repre- 
 sentatives. (Dion Cass. Ixvi. 2.) The keeping of 
 the imperial seal-ring was entrusted to an especial 
 officer {eura unnidi. Just. Hist, xliii. 5). The 
 signs engraved upon rings were very various, as wo 
 may judge from the specimens still extant : they 
 were portraits of ancestors, or friends, subjects con- 
 nected with the mythology, or the worship of the 
 gods ; and in many cases a person had engraved 
 upon his seal symbolical allusions to the real or 
 mythical history of his family. (Cic. m Catil. iii. 
 5 ; Val. Max. iii. 5. 1 ; Cic. de Finib. v. 1 ; Suet. 
 m. 58. 63 ; Plin. H.N. ii. 7, &c. &c.) Sulla 
 thus wore a ring with a gem, on which Jugurtha 
 was represented at the moment he was made 
 prisoner. (Plin. //. A'', xxxvii. 4 ; Plut. Alai: 10.) 
 Pompey used a ring on which three trophies were 
 
826 ROGATIONES LICINIAE. 
 
 ROGATIONES LICINIAE. 
 
 represented (Dion Cass, xliii. 18), and Augustus 
 at first sealed with a sphinx, afterwards with a 
 portrait of Alexander the Great, and at last with 
 his own portrait, which was subsequently done by 
 several emperors. (Plin. //. N. xxxvii. 4 ; Suet. 
 Aug. 50 ; Dion Cass. li. 3 ; Spartian. Hiulr. 26.) 
 The principal value of a ring consisted in the gem 
 framed in it, or rather in the workmanship of the 
 engraver. The stone most frequently used was 
 the onyx {aapiwvos, (FapHvv^), on account of its 
 various colours, of which the artists made the 
 most skilful use. In the art of engraving figures 
 upon gems, the ancients in point of beauty and 
 execution far surpass everything in this depart- 
 ment that modern times can boast of. The ring 
 itself {(Ttpevhopri), in which the gem was framed, 
 was likewise in many cases of beautiful workman- 
 ship. The part of the ring which contained the 
 gem was called pala. [Pala.] In Greece we find 
 that some persons fond of show used to wear hoi-, 
 low rings, the inside of which was filled up with 
 a less valuable substance. (Artemid. I.e.) 
 
 With the increasing love of luxury and show, 
 the Romans, as well as the Greeks, covered their 
 fingers with rings. Some persons also wore rings 
 of immoderate size, and otliers used different rings 
 for summer and winter. (Quinctil. xi.3 ; Juv. i. 28 ; 
 Mart. xi. 5£) ; xiv. V2X) 
 
 Much superstition appears to have been con- 
 nected with rings in the ancient as well as in more 
 modem times ; but this seems to have been the 
 case in the east and in Greece more than at Rome. 
 Some persons made it a lucrative trade to sell 
 rings, whicli were believed to possess magic powers, 
 and to preserve those who wore them from external 
 dangers. Such persons are Eudamus in Aristo- 
 phanes (Plut. 883, with the Schol.), and Phertatus 
 in Antiphanes («/). Alhni. iii. p. 123). These 
 rings were for the most part worn by the lower 
 classes, and then not of costly material, as may be 
 inferred from the price (one drachma) in the two 
 instances above referred to. There are several 
 celebrated rings with magic powers mentioned 
 by the ancient writers, as that of Gyges which 
 he found in a grave (Plat, de Re Pnhl. ii. 
 p. 359, &c. ; Plin. //. A^. xxxiii. 4), that of Chari- 
 cleia (Heliod. Acih. iv. 8), and the iron ring of 
 Eucrates. (Lucian, /■/«■%)«. 17.) Compare Becker, 
 C1iarikles,\\. p. 398, &c. ; Kirchmann, </c ^«««/is, 
 Slesvig. 1657 ; P. Burmann, de. Jure Annulorum. 
 Ultraject. 1734. [L. S.] 
 
 ROBIGA'LIA, a public festival in honour of 
 the god Robigus to preserve the fields from mil- 
 dew, is said to have been instituted by Numa, and 
 was celebrated a. d. vii. Kal. Mai. (April 25th). 
 (Plin. //. N. xviii. 29. s. 69; Varro, Ke Rud. i. 
 1. p. 90. ed. Bip. ; Lat. Ling. vi. 16. ed. MUU.; 
 Festus, s. ?>.) The sacrifices ottered on this occa- 
 sion consisted of the entrails of a dog and a sheep, 
 accompanied with frankincense and wine : a prayer 
 was presented by a flanien in the grove of the an- 
 cient deity, whom Ovid and Columella make a 
 goddess. (Ovid, Fast. iv. 907 — 942 ; Coluni. x, 
 342.) A god Robigus or a goddess Robigo is a 
 mere invention from the name of this festival, for 
 the Romans paid no divine honours to evil deities. 
 (Hartung, Die Reluiion der Rwiier, ii. p. 148.) 
 ROGA'TIO. [Lkx, p. 559.] 
 ROGATIO'NES LICI'NIAE. In the year 
 B. c. 375 C. Licinius Stolo and L. Sextiiis being 
 elected two of the Tribuni Plgbis, promulgated va- 
 
 rious Rogationes the object of which was to weaken 
 the power of the Patricians and for the benefit of 
 the Plebs. One Rogatio related to the debts, with 
 which the Plebs was incumbered (Liv. vi. 34) : 
 and it provided that all the money which had 
 been paid as interest should be deducted from the 
 principal sum, and the remainder sliould be paid 
 in three years by e(|ual payments. The Second 
 related to the Ager Publicus, and enacted that no 
 person should occupy ( possideret) more than 500 
 jugera. The Third was to the effect that no more 
 Tribuni militum should be elected, but that con- 
 suls should be elected and one of them should be a 
 Plebeian. The Patricians prevented these Roga- 
 tiones from being carried by inducing the other 
 tribunes to oppose their intercessio. C. Licinius 
 Stolo and L. Sextius retahated in the same way 
 and woidd not allow any coraitia to be held except 
 those for the election of Aediles and Tribuni 
 Plebis. They were also re-elected Tribuni Plebis, 
 and they persevered for five years in preventing 
 the election of any Curule Magistratus. 
 
 In the year 368, the two tribunes were still 
 elected, for the eighth time, and they felt their 
 power increasing with the diminution of the op- 
 position of their colleagues, and by having the aid 
 of one of the Tribuni Militum, M. Fabius, the 
 father-in-law of C. Licinius Stolo. After violent 
 agitation, a new Rogatio was promulgated to the 
 effect that instead of Duumvii'i sacris faciundis. 
 Decemviri should be elected and that half of them 
 shoidd be Plebeians. In the year B. c. 366, when 
 Licinius and Sextius had been elected Tribuni for 
 the tenth time, the law was passed as to the De- 
 cemviri, and five plebeians and five patricians were 
 elected, a measure which prepared the way for the 
 plebeians participating in the honours of the con- 
 sulship. The Rogationes of Licinius were finally 
 carried, and in the year B. c. 365 L. Sextius was 
 elected consul, being the first Plebeian who at- 
 tained that dignity. The Patricians were com- 
 pensated for their loss of the exclusive right to the 
 consulship by the creation of the office of Curule 
 Aedile and of Praetor. 
 
 The law as to the settlement between debtor 
 and creditor was, if Livy's text is to be literally 
 understood, an invasion of the established rights of 
 property. Niebuhr's explanation of this law is 
 contained in his third volume, pp. 23, &c. 
 
 Besides the Imiitation fixed by the second Lex 
 to the number of jugera which an individual might 
 jjossess in the public land, it declared that no indi- 
 vidual should have above 100 large and 500 
 smaller animals on the public pastures. Licinius 
 was the first who fell under the penalties of his 
 own law. The statement is that " he together 
 with his son possessed a thousand jugera of the 
 ager (publicus), and by emancipating his son had 
 acted in fraud of the law." (Liv. vii. 16.) From 
 this story it appears that the Plebeians could now 
 possess the pubhc land, a right which they may 
 have acquired by the Law of Licinius, but there is 
 no evidence on this matter. The story is told 
 also by Columella (i. 3), Pliny {Hist. Nat. xviii. 
 3), and Valerius Maximus (viii. 6. § 3). The 
 last writer not understanding what he was record- 
 ing, says that in order to conceal his violation of 
 the law, Licinius emancipated part of the land to 
 his son. The facts as stated by Livy are not put 
 in the clearest light. The son when emancipated 
 would be as nmch intitled to possess 500 jugera as 
 
ROSTRA. 
 
 RUDENS. 
 
 827 
 
 the father, and if he bona fide possessed that 
 quantity of the Agcr publicus, there was no fraud 
 i on the law. From the expression of Pliny {su/j- 
 s/it/ita filii pcrsu/ia) the fraud appears to have con- 
 si-ited in the emancipation of the son being effected 
 Milcly that he might in his own name possess 500 
 jugera while his father had the actual enjoyment. 
 But the details of this Lex are too imperfectly 
 known to enable us to give more than a probable 
 solution of the matter. As the object of the Lex 
 was to diminisli the possessiones of the patricians, it 
 may be assmned that the surplus land thus arising 
 was distributed (ussit/natus) among the plebeians, 
 n ho otherwise would have gained nothing by the 
 oliange ; and such a distribution of land is stated 
 to have been part of the Lex of Licinius by Varro 
 (./(■ Keliusf. i. 2) and Columella (i. 3). 
 
 According to Livy (vi. 42) the Rogatio dcDecem- 
 viris sacrormn was carried first B. c. 366. The 
 three other rogationes were included in one Lex, 
 which was a Lex Satuia. (Liv. vii. 39 ; Dion 
 Cass. Fruy. 33.) 
 
 besides the passages referred to, the reader m.ay 
 - I- Niebuhr, vol. iii. p. 1 — 36, for his view of the 
 l.icinian Rogations ; and Goettling, Gcschii-hfe dcr 
 Ui'iin. Staaisver/assu7iff, p. 354, and the note on 
 the corrupt passage of Varro (dc Re Rust. i. 2). 
 
 [G. L.] 
 
 ROGATO'RES. [Diribitores.] 
 
 KOGUS. [FuNUs, p. 440.] 
 
 KOMPHEA. [Hasta, p. 468.] 
 
 RORA'RIL a class of light-armed Roman sol- 
 diers. According to Niebuhr (Hint, of Rome, iii. 
 p. 117) rorarii must originally have been the name 
 for slingers, who were taken from the fifth class of 
 the Servian census. The grammarians, probably 
 with justice, derive the word from ros and rorarc, 
 as their attacks upon the enemy with their slings 
 and stones were regarded as a prelude to the real bat- 
 tle, in the same manner that rorcs or solitary drops 
 of rain precede a heavy shower. The literal trans- 
 lation of rorarii therefore would be dripjKrs or 
 sprinklers. (Varro, de Linf/.Lat.y'i. p.92. Bip.; Fest. 
 s. V. Rorarios.) In later times, and even as early 
 as the time of Plautus, the name was applied to 
 the light-armed hastati (Plaut. in his Frivolaria, 
 ajj. Varr. I. c; Liv. viii. 8, 9), and as this latter 
 name supplanted that of rorarii, who according to 
 the later constitution of the array, no longer existed 
 ill it in their original capacity, the rorarii are not 
 mentioned in later times. [Compare Armv, Ro- 
 man, p. 95.] [L. S.] 
 
 ROSTRA, or The Beaks, was the name applied 
 to the stage (sur/geslus) in the Forum, from which 
 the orators addressed the people. This stjige was 
 originally called tciiiphim (Liv. ii. 56), because it 
 was consecrated by the augurs, but obtained its 
 name of Rostra at the conclusion of the great Latin 
 war, when it was adorned with the beaks (rostra) 
 of the sliips of the Antiates. (Liv. viii. 14 ; Flor.i. 
 11 ; Plin. xxxiv. 5. s. 11.) The Greeks also 
 mutilated galleys in the same way for the purpose 
 of trojihies : this was called by them aKpurrip- 
 
 id^etu. [AcUOTERIUM.] 
 
 The Rostra lay between the Comitium or place 
 of meeting for the curies, and the Forum or place 
 of meeting for the tribes, so that the speaker might 
 tuni either to the one or the other ; but down to the 
 time of Cains Cxracchus, even tlie tribunes in 
 speaking used to front the Comitium ; he first 
 turned his back to it and spoke with his face to- 1 
 
 wards the forum. C^iebuliT, Hist, of Rome, i. p 
 426. note 990.) The form of the Rostra has 
 been well described by Niebuhr (iii. p. 166. note 
 268) and Bunsen (quoted by Aniold, Ilisi.of Rome, 
 ii. p. 164): the latter supposes " that it was a 
 circular building, raised on arches, with a stand or 
 platform on the top bordered by a parapet ; the ac- 
 cess to it being by two flights of steps, one on each 
 side. It fronted towards the comitium, and the 
 rostra were affixed to the front of it, just under 
 the arches. Its form has been in all the main 
 points preserved in the ambones, or circular pulpits, 
 of the most ancient churches, which also had two 
 fliglits of steps leading up to them, one on the east 
 side, by which the preacher ascended, and another 
 on the west side, for his descent. Specimens of 
 these old churches are still to be seen at Rome in 
 the churches of St. Clement and S. Lorenzo fuori 
 le mure." The speaker was thus enabled to walk 
 to and fro, while addressing his audience. 
 
 The suggestus or Rostra was transferred by 
 Julius Caesar to a comer of the Forum, but the 
 spot, where the ancient Rostra had stood, still con- 
 tinued to be called Rostra Vetera, while the other 
 was called Rostra Nova or Rostra Julia. (Ascon. 
 in Cic. Mil. % 12. p. 43. ed. Orelli ; Dion Cass, 
 xliii. 49; Ivi. 34; Suet. Au^. 100.) Both the 
 Rostra contained statues of illustrious men (Cic. 
 Philip, ii. 61); the new Rostra contained eques- 
 trian statues of Sulla, Pompey, J. Caesar, and 
 Augustus. (Paterc. ii. 61.) Niebuhr [I.e.) dis- 
 covered the new Rostra in the long wall, that 
 runs in an angle towards the three columns, 
 which have for a very long time borne the name of 
 Jupiter Stator, but which belong to the Curia 
 J ulia. The substance of the new Rostra consists 
 of bricks and casting-work, but it was of course 
 cased with marble : the old Rostra Niebuhr sup- 
 poses were constructed entirely of peperino. 
 
 The following cut contains representations of 
 the Rostra from Roman coins, but they give little 
 idea of theii- form : the one on the left hand is 
 from a denarius of the LoUia Gens, and is supposed 
 to represent the old Rostra, and the one on the 
 right is from a denarius of the Sulpicia Gens, and 
 supposed to represent the new Rostra. (Spanheim, 
 
 Prmst. et Usu Numism. ii. p. 191.) 
 
 ROSTRA'TA COLUMNA. [Columna, p. 
 267.] 
 
 ROSTRA'TA CORO'NA. [Corona, p. 288.] 
 ROSTRUM. [Ships.] 
 ROTA. [CuRRus, p. 307.] 
 RU'BRIA LEX. [Le.x, p. 564.] 
 RUDENS {Kd\o>s, dim. Ka\t»5lov, Synes. Epist. 
 4. p. 28. cd. Par. 1605), any rope used to move or 
 fix the mast or sail of a vessel (Juv. vi. 102 ; Ovid, 
 Met. iii. 616 ; Achilles Tatius, ii. 32); more espe- 
 cially: — 1. The ropes used to elevate or depress 
 the mast, and to keep it firm and steady when 
 elevated, were called riidentcs, in Greek irpoTuvoi. 
 
828 
 
 RUTRUM. 
 
 SACERDOS. 
 
 (Horn. //. i. 434; Od. ii. 425; xii. 409; Apoll. 
 Rhod. i. 5(54. 1204 ; Aeschyl. Arjam. 870; Eurip. 
 //«•. 109 ; Brunck, Aital. i. 22 ; ii. 210.) These 
 ropes extended from the higher part of the mast 
 towards the prow in one direction and the stern in 
 the other. (Woodcut, p. 52.) II. Those used to 
 raise or lower the yard [Antenna]. (Catullus, 
 Aryon. 235.) According to the ancient scholia 
 these ropes are the KaKoi mentioned in Od. v. 260. 
 III. Those fastened to the bottom of the sail at its 
 two corners, and therefore called 7r(<5es. (Horn. Od. 
 I. c. X. 32; ApolL Rhod. ii. 725. 932.) Before 
 setting sail tliese ropes, which our seamen call t/ie 
 s/ieets, would lie in a coil or bundle. In order 
 therefore to depart, the first thing was to unrol or j 
 untie them {crcutcrc, Virg. Acn. iii. 267, 683), 
 the next to adjust them according to the direction j 
 of the wind and the aim of the voyage (v. 7 5 3). With 
 a view to fill the sail and make it expose the largest j 
 suiiace, they were let out, which was called immit- 
 tere or laaare. (Virg. Aeii. viii. 708 ; x. 229.) 
 "Laxate rudentes" among the Romans (Ovid, de 
 Ponto, IV. ix. 73) was equivalent to " Ease the 
 sheets" with us. IV. Those used in towing 
 (vXovs diTo KoiAa), as when the oars became use- 
 less in cimsetiuciice of the proximity of the shore. 
 (Thucyd. iv. 25 ; irapdKKos, Schol. ad loc.) 
 
 In a more extended sense the terms radens and 
 KaKws were applied to ropes of any description. 
 (Herod, ii. 28. 96 ; Diod. Sic. xvii. 43.) In the 
 comedy of Plautus (Riideiis, iv. 3. 1. 76. 92) it is 
 applied to the rope with which a fisherman drags 
 his net. [J. Y.] 
 
 RUDERA'TIO. [House (Roman), p. 499.] 
 RUDIA'RII. [Gladiatores, p. 455.] 
 RUDIS. [Gladiatores, p. 455.] 
 RUNCI'NA (fivKaffi), a plane (TertuU. ApoL 
 12 ; Brunck, Anal. i. 227). 
 
 The plane, which is delineated among joiner's j 
 tools (Iinitniiiicii. FaJjr. Tiynar.) in the woodcut at | 
 p. 044, showing the stock with two holes for the 
 hands, and the iron (|i<|n/, Hesych.) very long, 
 but inclined as in our planes, seems to be of that 
 narrow kind which is adapted to make grooves, 
 rebates, or beads. The square hole in the right 
 side of the stock seems intended for the passage of 
 the shavings {ramciita). It is certain that the 
 shavings of firwood, produced by such a plane as 
 that here exhibited, would precisely answer to 
 Pliny's descrijition of them, likening them to curls 
 of human hair and to the tendrils of the vine. 
 (//. N. xvi. 42. s. 82.) The Latin and Greek 
 names for this instrument gave origin to the cor- 
 responding transitive verbs nincino and (ivKavdu, 
 meaning to (Min. Felix, 23.) They seem 
 to be allied etymologically with pvyxos, referring 
 to the operation of those beasts and birds which 
 use their snout or beak to plough up the ground. 
 
 [J. Y.] 
 
 RUPI'LIAE LEGES. [Lex, p. 564.] 
 RUTILIA'NA ACTIO was a Praetorian actio 
 introduced by the Praetor Publius Rutilius, by vir- 
 tue of which the bonorum emptor could sue in the 
 name of the person whose goods he had bought and 
 claim the condemnatio to be made in his own favour 
 and in his own name. (Gaius, iii. oO, 81 ; iv. 35.) 
 
 [G. L.] 
 
 RUTRUM, dim. RUTELLUM, a kind of hoe, 
 which had tlic handle fixed perpendicidarly into 
 tlie middle of the blade, thus diifcring fiom the 
 Raster. It was used before sowing to level the 
 
 ground, by breaking down any clods which adhered 
 too long together. (Non. Marc. p. 18, ed. Merceri.) 
 This operation is described by Virgil in the follow- 
 ing terms, which also assign the derivation of the 
 name : " Cumulosque rttit male pinguis arenae." 
 (Oeory.i. 105.) See Festus, s.v.; Varro, de L. 
 Lat. V. p. 137, ed. Spengel. The same implement 
 was used in mixing lime or clay with water and 
 straw to make plaster for walls. (Cato, de lie Rust. 
 10. 128 ; Pallad. de Re Rust. i. 15 ; Plin. H. N. 
 xxxvi. 23. s. 55.) 
 
 The word rutahulum ought to be considered as 
 another fonn of rutrum. It denoted a hoe or rake 
 of the same construction, which was used by the 
 baker in stirring the hot ashes of his oven. (Festus, 
 s. ii.) A wooden nitabulum was employed to mix 
 the contents of the vats in which wine was" made. 
 (Colum. de Re Rust. xii. 20.) [J. Y.] 
 
 S. 
 
 SACELLUM is a dimhmtive of sacer, and sig- 
 nifies a small place consecrated to a god, containing 
 an altar, and sometimes also a statue of the god to 
 whom it was dedicated. (Gcllius, vi. 12.) Fes- 
 tus (s. r.) completes the definition by stating that a 
 sacellum never had a roof. It was therefore a 
 sacred enclosure surrounded by a fence or wall to 
 separate it from the profane ground around it, and 
 answers to the Greek irepiSoKos. The form of a 
 sacellum was sometimes square and sometimes 
 round. The ancient sacellum of Janus which was 
 said to have been built by Romulus, was of a 
 square form, contained a statue of the god, and had 
 two gates. (Ovid. I'ast. i. 275 ; Terent. Maur. in 
 Wenisdo/f^s Poet. Min. ii. p. 279.) Many Romans 
 had private sacella on their own estates; but the 
 city of Rome contained a great number of public 
 sacella such as that of Caca (Serv. ud Aen. viii. 
 190), of Hercules in the Formn Boariura (Solin. i; 
 Plin. H. N. X. 29), of the Lares (Solin. 2), of 
 Naenia (Fest. s. v. Naeiiiae deae), of Pudicitia 
 (Liv. X. 23), and others. [L. S.] 
 
 SACERDOS, SACERDO'TIUM. Cicero {de 
 Let/i/. ii. 8) distinguishes two kinds of sacerdotes; 
 those who had the superintendence of the forms of 
 worship (a(C';-i)«o/ii'(t(') and of the sacra, and those who 
 interpreted signs and what was uttered by seers and 
 prophets. Another division is that into priests 
 who were not devoted to the service of any parti- 
 cidar deity, such as the pontift's, augurs, fetialcs, 
 and those who were connected with the worship of 
 a particular diviiiitj', such as the fiamines. The 
 priests of the ancient world did not consist of men 
 alone, for in Greece as well as at Rome certain 
 deities were only attended by priestesses. At 
 Rome the wives of particular priests were regarded 
 as priestesses, and had to perform certiiin sacred 
 functions, as the regina sacrorum and the flaminica. 
 [Flamen ; Re.x Sacrorum.] In other cases 
 maidens were appointed priestesses, as the vestal 
 virgins, or boys, with regard to whom it was always 
 requisite that their fathers and mothers should be 
 alive {jtatrimi et matrinu). As all the ditferent 
 kinds of priests are treated of separately in this 
 work, it is only necessary here to make some ge- 
 neral remarks. 
 
 In comparison with the civil magistrates all 
 priests at Rome were regarded as homines privati 
 (Cic. c. Catil. i. I ; de Off. i. 22 ; c«/ Alt. iv. 2 ; 
 
SACERDOS. 
 
 PMip. V. 17), though all of them as priests were 
 iacerdotes publici, in as far as their office {sacerdo- 
 mm) was connected with any worship recognised 
 jy the state. The appellation of sacerdos piMiciis 
 wds however given principally to the chief-pontiff 
 mil the flamen dialis (Cic. dc Leyg. ii. 9 ; Serv. 
 /'/ Acn. xii. 534), who were at the same time the 
 Mily priests who were members of the senate by 
 virtue of their office. All priestly offices or sacer- 
 dotia were held for life without responsibility to 
 my civil magistrate. A priest was generally al- 
 lowed to hold any other civil or military office be- 
 sides liis priestly dignity (Liv. xxxviii. 47 ; xxxix. 
 45; Epit.lih. If); xl.45; Epif.59,&c.); some priests 
 however formed an exception, for the duumviri, the 
 rex sacrorum and the flamen dialis were not allowed 
 to hold any state office, and were also exempt 
 from service in the armies. (Dionys. iv. 8.) Their 
 priestly character was, generally speaking, insepa- 
 rable from their person, as long as they lived (PUn. 
 Epist. iv. 8) : hence the augurs and fratres arvales 
 retained their character even when sent into exile, 
 or when they were taken prisoners. (Plin. //. A^. 
 xviii. 2 ; Pint. Qiiaest. Rom. 99.) It also occurs 
 that one and the same person held two or three 
 priestly offices at a time. Thus we And the three 
 dignities of pontifex maximus, augur, and decemvir 
 sacrorum united in one individual. (Liv. xl. 42.) 
 But two persons belonging to the same gens were 
 not allowed to be members of the same college of 
 priests. This regulation however was in later 
 times often \-ioIated or evaded by adoptions. (Serv. 
 ad Aeii. vii. 303; Dion Cass, xxxix. 17.) Bodily 
 defects rendered, at Rome as among all ancient 
 nations, a person unfit for holding any priestly 
 office. (Dionys. ii. 21 ; Senec. Contirjv. iv. 2; Plut. 
 Qiiucst. Rom. 73; Plin. H. N. \-ii. 29.) 
 
 All priests were originally patricians, but from 
 the year B. c. 3()7 the plebeians also began to take 
 part in the sacerdotia [Plebes, p. 768], and those 
 priestly offices which down to the latest times re- 
 mained in the hands of the patricians alone, such 
 as that of the rex sacrorum, the flamines, salii and 
 others, had no influence upon the aftairs of the 
 state. 
 
 As regards the appointment of priests, the an- 
 cients unanimously state that at first they were 
 appointed by the kings (Dionys. ii. 21, &c. 73 ; 
 Liv. i. 20), but after the sacerdotia were once in- 
 stituted, each college of priests — for nearly all 
 priests constituted certain coi'porations called col- 
 legia — had the right of filling up the occurring va- 
 cancies by cooptatio. [Pontife.x, p. 773.] Other 
 priests, on the contrary, such as the vestal virgins 
 and the flamines, were appointed {capiehaiitar) by 
 the pontifex maximus, a rule which appears to 
 have been observed down to the latest times ; 
 others again, such as the duumviri sacrorum, were 
 elected by the people (Dionys. iv. 62), or by the 
 curiae, as the curiones. But in whatever manner 
 they were appointed, all priests after their appoint- 
 ment required to be inaugurated by the pontiffs 
 and the augurs, or by the latter alone. (Dionys. ii. 
 22.) Those priests who formed colleges had ori- 
 ginall}', as we have already observed, the right of 
 cooptatio ; but in the course of time they were 
 deprived of this right, or at least the cooptatio was 
 reduced to a mere form, by several leges, called 
 leges de sacerdotiis, such as the lex Domitia, Cor- 
 nelia, and Julia ; their nature is described in the 
 article Pontifex, p. 773, &c., and what is there 
 
 SACRA. 
 
 829 
 
 said in regard to the appointment of pontiffs ap- 
 plies equally to all the other colleges. The leges 
 annales, which fixed the age at which persons be- 
 came eligible to the different magistracies, had no 
 reference to priestly offices ; and on the whole it 
 seems that the pubertas was regarded as the time 
 after which a person might be appointed to a sa- 
 cerdotium. (Liv. xlii. 28 ; Plut. Tib. Gracdi. 4.) 
 
 All priests had some external distinction, as the 
 apex, tutulus, or galcrus, the toga praetexta, as 
 well as honorary scats in the theatres, circuses and 
 amphitheatres. They appear however to have 
 been obliged to pay taxes like all other citizens, 
 but seem occasionally to have tried to obtain ex- 
 emption. See the case related in Livy, xxxiii. 42. 
 
 Two interesting questions yet remain to be an- 
 swered : first whether the priests at Rome were 
 paid for their services, and secondly whether they 
 instiiicted the j^oung, or the people in general, in 
 the principles of their religion. As regards the 
 first question, we read that in the time of Romulus 
 lands were assigned to each temple and college of 
 priests (Dionys. ii. 7), and when Festus (s. v. 
 Oscum.) states that the Roman augurs had the 
 enjoyment { fnd solehaid) of a district in the terri- 
 tory of Veil, we may infer that all priests had the 
 usus of the sacred lands belonging to their respec- 
 tive colleges or divinities. This supposition is 
 strengthened by the fact that such was actually 
 the case in the Roman colonies, where, besides the 
 lots assigned to the coloni, pieces of land are men- 
 tioned which belonged to the colleges of priests, 
 who made use of them bj' letting them out in farm. 
 (Sicculus Flaccus, de comlit. ayror. p. 23. ed. Goes.; 
 Hyginus, de Limit. Constit. p. 205. ed. Goes.) It 
 appears however that we must distinguish between 
 such lands as were sacred to the gods themselves 
 and could not be taken from them except by exau- 
 guratio, and such as were merely given to the 
 priests as possessio and formed part of the ager 
 publicus. Of the latter the state remained the 
 owner, and might take them from the priests in any 
 case of necessity. (Dion Cass, xliii. 47 ; Oros. v. 18 ; 
 K'p^Am, de Bell. ]\[ithr.'21.) Besides the use of such 
 sacred or public lands some priests also had a regular 
 annual salary (stipendium), which was paid to them 
 from the public treasurj'. This is expressly stated 
 in regard to the vestal virgins (Liv. i. 20), the 
 augurs (Dionys. ii. 6), and the curiones (Fest. s. v. 
 Citrioiiium), and may therefore be supposed to have 
 been the case with other priests also. The ponti- 
 fex maximus, the rex sacrorum, and the vestal 
 virgins had moreover a domus publica as their 
 place of residence. In the time of the emperors 
 the income of the priests, especially of the vestal 
 virgins, was increased. (Suet. Aug. 31 ; Tacit. 
 A)uiaL iv. 16.) 
 
 As regards the second question, we do not hear 
 either in Qreece or at Rome of any class of priests 
 on whom it was incumbent to instruct the people 
 j respecting the nature and in the principles of reli- 
 \ gion. Of preaching there is not the slightest 
 \ trace. Religion with the ancients was a thing 
 which was handed down by tradition from father 
 , to son, and consisted in the proper performance of 
 I certain rites and ceremonies. It was respecting 
 these external forms of worship alone that the pon- 
 tiffs were obliged to give instructions to those who 
 consulted them. [Pontifex.] [L. S.] 
 
 SACRA. This word in its widest sense ex- 
 presses what we call divine worship. In ancient 
 
830 
 
 SACRA. 
 
 SACRIFICIUM. 
 
 times the state as well as all its siiljdivisions had 
 their own peculiar forms of worship, whence at 
 Rome we find sacra of the whole Roman people, of 
 the curies, gentes, families, and even of private in- 
 dividuals. All these sacra, however, were divided 
 into two great classes, the public and private sacra 
 {scum pMim ct privdta), that is, they were per- 
 formed either on behalf of the whole nation and at 
 the expense of the state, or on behalf of indivi- 
 duals, families, or gentes, which had also to defray 
 their expenses. (Fest. s. v. I'Mica sacra ; Liv. i. 
 20, X. 7 ; Plut. Num. 9 ; Cic. <Ic Harusp. Resp. 
 7.) This division is ascribed to Numa. All sacra, 
 publica as well as privata, were superintended and 
 regulated by the pontiifs. We shall first speak of 
 the sacra publica. 
 
 Sacra pullica. Among the sacra publica the 
 Romans reckoned not only those which were per- 
 formed on behalf of the whole Roman people, but 
 also those performed on behalf of the great subdivi- 
 sions of the people, viz. the tribes and the curiae, 
 which Festus (/. c) expresses : pro 7)io>ila?tw, par/is, 
 cufiis, saceUis. (See Dionvs. ii. 21. 23 ; Appian, 
 Hkt. Rom. viii. 138 ; de Bell. Civ. ii. 100 ; Plut. 
 Quuest. Rom. 89.) The sacra pro montibus ct 
 pagis are undoubtedly the sacra montanalia and 
 paganalia. which although not sacra of the whole 
 Roman people, were yet publica. (Varro, ite Liiiff. 
 Lat. V. p. 58. Bip. ; comp. Fest. s. v. Septimon- 
 tium.) The sacella in the expression of Festus, 
 sacra pro saceUis, appear onlj' to indicate the places 
 where some sacra publica were |)erfonned. (Giitt- 
 ling, Gescli. d. Rom. Uta/itsv. p. 17(j.) What was 
 common to all sacra publica, is that they were per- 
 formed at the expense of certain public funds, 
 which had to provide the money for victims, liba- 
 tions, incense, and for the building and mainten- 
 ance of those places, where thcv were performed. 
 (Fest. I. c; Dionys. ii. 23 ; LiV. x. 23 ; xlii. 3.) 
 The funds set apart for the sacra publica were in 
 the keeping of the pontiffs, and the sacramentimi 
 formed a part of them. [Sacramentum.] They 
 were kept in the domus publica of the pontifex 
 maximus, and were called aerarium pontificum. 
 (Varro, dc Lituf.Lat. iv. p. 49. Bip. ; Gruter,/«icnyrf. 
 413. 8 ; 496. 6 ; 452. 6.) When these funds did 
 not suffice, the state treasury supplied the defi- 
 ciency. (Fest. s. V. Saerumeidum.) In the solem- 
 nization of the sacra publica the senate and the 
 whole people took part. (Plut. Num. 2.) This 
 circumstance however is not what constitutes their 
 character as sacra publica, for the sacra popularia 
 (Fest. s. V. Popul. sacr.) in which the whole people 
 took part, might nevertheless be sacra privata, if 
 the expenses were not defrayed out of the public 
 funds, but by one or more individuals, or by ma- 
 gistrates. The pontiffs in conducting the sacra 
 publica were assisted by the epulones. [Epulones.] 
 
 Sacra privata embraced, as we have stated, 
 those which were performed on behalf of a gens, a 
 family, or an individual. The characteristic by 
 which they were distinguished from the sacra pulj- 
 lica, is that they were made at the expense of 
 those persons or person on whose behalf they were 
 performed. Respecting the sacra of a gens, called 
 sacra gentilicia, see Gens, p. 449. The sacra con- 
 nected with certain families were, like those of a 
 gens, perf'onned regularl}' at fixed times, and de- 
 scended as an inheritance from father to son. As 
 they were always connected with expenses, and 
 were also troublesome in other respects, such an in- 
 
 heritance was regarded as a burden rather than 
 anything else. (Macrob. Sat. i. 16.) They may 
 generally have consisted in sacrifices to the Pe- 
 nates, but also to other divinities. They had 
 usually been vowed by some ancestor of a family 
 on some particular occasion, and then continued 
 for ever in that family, the welfare of which was 
 thought to depend upon their regular and proper 
 performance. Besides these periodical sacra of a 
 family there were others, the performance of which 
 must have depended upon the discretion of the 
 heads of families, such as those on the birthday, or 
 on the death of a member of a family. Saviguy 
 [Zeitschrift, ii. 3) denies the existence of sacra 
 famibarum. 
 
 An individual might perform sacra at any time, 
 and whenever he thought it necessary ; but if he 
 vowed such sacra before the pontiffs and wished 
 that they should be continued after his death, his 
 heirs inherited with his property the obligation to 
 perform them, and the pontiffs had to watch that 
 they were performed duly and at their proper time. 
 Fest. s. V. Sacer mons; Cic. pro Dom. 51 ; comp. 
 Cic. ad Att. xii. 19, &c.) Such an obbgation was 
 in later times evaded in various ways. 
 
 Among the sacra privata were reckoned also the 
 sacra municipalia, that is, such sacra as a commu- 
 nity or town had been accustomed to perform lie- 
 fore it had received the Roman franchise. After 
 this event, the Roman pontiffs took care that they 
 were continued in the same manner as before. 
 Fest. s. V. Municipalia sacra; comp. Ambrosch, 
 Stud. u. Andeut. p. 215. 
 
 (See GijttHng, p. 175, &c. ; Walter, Gescli. d. 
 Rum. Redds, p. 178 ; Hartung, Die Relig. d. Rom. 
 i. p. 226, &c. ; compare Sacrificium.) [L. S.] 
 
 SACRAMENTUM. [Vindiciae.] 
 
 SACRA'RIUM was according to the definition 
 of Ulpian (Dig. 1. tit. 8. s. 9. § 2) any place in 
 which sacred things were deposited and kept, whe- 
 ther this place was a part of a temple or of a pri- 
 vate house. (Comp. Cic. c. Verr. iv. 2 ; pro Milan. 
 31; Suet. Til>. 51.) A sacrarium therefore was 
 that part of a house in which the images of the pe- 
 nates were kept. Respecting the sacrarium of the 
 lares see Lararium. Public sacraria at Rome 
 were : one attached to the temple of the Capitoline 
 .Jupiter, in which the tensae or chariots for public 
 processions were kept (Suet. Vesp. 5 ; Grat. Falisc. 
 534) ; the place of the Salii in which the ancilia 
 and the lituus of Romulus were kept (Val. Max. 
 i. 8. 11 ; Serv. ad Acn. vii. C03), and others. In 
 the time of the emperors, the name sacrarium was 
 sometimes applied to a place in which a statue of 
 an emperor was erected. (Tacit. Annal. ii. 41; 
 Stat. Silv. V. 1. 240.) Livy (i. 21) uses it as a 
 name for a sacred retired place in general. [L, S.] 
 
 SACRA'TAE LEGES. [Lex. p. 565.] 
 
 SACRIFI'CIUM {Upi'iov). Sacrifices or of- 
 ferings formed the chief p;u't of the worship of the 
 ancients. They were partly signs of gratitude, 
 partly a means of propitiating the gods, and partly 
 also intended to induce the deity to bestow sonic 
 favour upon the sacrificer, or upon those on whose 
 behalf the sacrifice was offered. Sacrifices in a 
 wider sense would also embrace the Donaria ; in 
 a nan'ower sense sacrificia were things offered to 
 the gods, which merely afforded momentary gra- 
 tification, which were burnt upon their altars, 
 or were believed to be consumed by the gods. 
 We shall divide all sacrifices into two great divi- 
 
SACRIFICIUM. 
 
 ms, bloody sacrifices and unbloody sacrifices, and, 
 here it is necessary, consider Greek and Roman 
 ' orifices separately. 
 
 ■ Blood;/ sacrifiivs. As regards sacrifices in the 
 rlicst times, the ancients themselves sometimes 
 lagined that unbloody sacrifices, chietlj' ofierings 
 
 ■' fruit, had been customary long before bloody 
 crifices were introduced among thAn. (Plat, de 
 riifi. vi. p. 782; Paus. viii. 2. § 1 ; i. 2G. § (i ; 
 !acn}b. Sai. i. 10, &c.) It cannot indeed be de- 
 ed, that s,acrifices of fruit, cakes, libations, and 
 
 ■ le like existed in very early times ; but bloody 
 icrifices, and more than this, human sacrifices, are 
 ';ry frequently mentioned in early story ; in fact 
 
 le mythology of Greece is full of instances of hu- 
 lan sacrifices being offered and of their pleasing 
 le gods. Wachsmuth {Hell. Alt. ii. 2. p. 224) 
 as given a list of the most celebrated instances. 
 It may be said that none of them has come down 
 . ) us with any degree of historical evidence ; but 
 • ■jrely the spirit which gave origin to those legends 
 sufficient to prove that human sacrifices had no- 
 liii^' repulsive to the ancients, and must have ex- 
 tril to some extent. In the historical times of 
 
 i recce we find various customs in the worship of 
 'overal gods, and in several parts of Greece, which 
 
 an only be accounted for by supposing that tiiey 
 . (i i' introduced as substitutes for human sacrifices. 
 II other cases where civilisation had shown less of 
 is softening influences, human sacrifices remained 
 iistiiinary throughout the historical periods of 
 .ireece, and down to the time of the emperors. 
 Thus in the worship of Zeus Lycaeus in Arcadia, 
 Vvhore himian sacrifices were said to have been in- 
 ruduced bj' Lycaon (Paus. viii. 2. § 1), they ap- 
 
 ii ar to have continued till the time of the Roman 
 ■ni|,i'rors. (Theophrast. ap. Porpliyr. de Ahstin. ii. 
 -7 ; Plut. Quaest. Gr. 39.) In Leucas a person 
 A as every year at the festival of Apollo thrown 
 Vom a rock into the sea (Strab. x. p. 452) ; and 
 i'hcmistocles before the battle of Salamis is said to 
 have sacrificed three Persians to Dionysus. (Plut. 
 '/'//< M. 13; Arist. 11; Pelop. 21.) Respecting an 
 uiiuial sacrifice of human beings at Athens, see 
 
 iTh.^rgelia. With these few exceptions however 
 'human sacrifices had ceased in the historical ages 
 of Greece. Owing to the influences of civilisation, 
 in many cases animals were substituted for human 
 beings, in others a few drops of human blood were 
 thought sufficient to propitiate the gods. (Paus. 
 viii. 23. § 1 ; ix. 8. § 1.) The custom of sacrificing 
 human life to the gods arose undoubtedly from the 
 belief, which under different forms has manifested 
 itself at all times and in all nations, that the nobler 
 the sacrifice and the dearer to its possessor, the 
 more pleasing it would be to the gods. Hence the 
 frequent instances in Grecian story of persons sa- 
 crificing their own children, or of persons devoting 
 themselves to the gods of the lower world. In 
 later times, however, persons sacrificed to the gods 
 were generally criminals who had been condemned 
 to death, or such as had been taken prisoners in 
 war. 
 
 That the Romans also believed human sacri- 
 fices to be pleasing to the gods, might be inferred 
 from the story of Curtius and from the self-sacrifice 
 of the Decii. The symbolic sacrifice of human 
 figures made of rushes at the Lemuralia [Lemu- 
 
 SACRIFICIUM. 
 
 831 
 
 Sacrum. One awful instance also is known, which 
 belongs to the latest period of the Roman republic. 
 When the soldiers of J. Caes;ir attempted an insur- 
 rection at Rome, two of them were sacrificed to 
 Mars in the campus Martius by the pontifices and 
 the flamen Martialis, and their heads were stuck 
 up at the regia. (Dion. Cass. xlii. 24.) 
 
 A second kind of bloody sacrifices were those of 
 animals of various kinds, according to the nature 
 and character of the divinity. The sacrifices of 
 animals were the most common among the tireeks 
 and Romans. The victim was called lepcTov, and 
 in Latin hoaiia or victima. In the eariy times it 
 appears to have been the general custom to burn 
 the whole victim (oKoKavTflv) upon the altirs of 
 the gods, and the same was in some cases also ob- 
 served in later times (Xenoph. Anal. vii. 8. g .5), 
 and more especially in sacrifices to the gods of the 
 lower world, and such as were offered to atone for 
 some crime that had been committed. (ApoUon. 
 Rhod. iii. 1030. 1309.) But as eariy as the time 
 of Homer it was the almost general practice to 
 bum only the legs {lJ-i]po\, fiefiia, firjpa) enclosed in 
 fat, and certain parts of the intestines, while the 
 remaining parts of the victim were consumed by 
 men at a festive meal. The gods delighted chiefly 
 in the smoke arising from the burning victims, and 
 the greater the number of victims, the more pleas- 
 ing was the sacrifice. Hence it was not unconnnon 
 to offer a sacrifice of one hundred bulls {4KaT6p.§7i) 
 at once, though it must not be supposed that a 
 hecatomb always signifies a sacrifice of a hundred 
 bulls, for the name was used in a general way to 
 designate any great sacrifice. Such great sacrifices 
 were not less pleasing to men than to the gods, for 
 in regard to the former they were in reality a do- 
 nation of meat. Hence at Athens the partiality 
 for such sacrifices rose to the highest degree. 
 (Athen. i. p. 3 ; comp. Bockh. Staatsh. i. p. 226, 
 &c.) Sparta, on the other hand, was less extrava- 
 gant in saciifices, and while in other Greek states 
 it was necessary that a victim should be healthy, 
 beautiful, and uninjured, the Spartans were not 
 very scnipulous in this respect. (Plat. AL-ib. ii. p. 
 149.) The animals which were sacrificed were 
 mostly of the domestic kind, as bidls, cows, sheep, 
 rams, lambs, goats, pigs, dogs, and horses ; but 
 fishes are also mentioned as pleasing to certain 
 gods. (Athen. vii. p. 297.) Each god had his 
 favourite animals which he liked best as sacrifices ; 
 but it may be considered as a general rule, that 
 those animals which were sacred to a god were not 
 sacrificed to him, though horses were sacrificed to 
 Poseidon notwithstanding this usage. (Paus. viii. 
 7. § 2.) The head of the victim before it was 
 killed was in most cases strewed with roasted bar- 
 lej' meal {ov\6xvTa or ouAoxutoi) niLxed with 
 salt {niola salsa). The Athenians used for this 
 purpose only barley grown in the Rharian plain. 
 (Paus. i. 38. § 6.) The persons who of?'ered the 
 sacrifice wore generally garlands round their heads 
 and sometimes also carried them in their hands, 
 and before they touched anything belonging to the 
 sacrifice they washed their hands in water. The 
 victim itself was likewise adorned with garlands, 
 and its horns were sometimes gilt. Before the 
 animal was killed, a bunch of hair was cut from its 
 forehead, and thrown into the fire as priniitiae. 
 Ralia] also shows that in the eariy history of [ {/Had, xix. 2.54 ; Od. xiv. 422.) In the heroic 
 Italy human sacrifices were not uncommon. For ages the princes, as the high priests of their people, 
 another proof of this practice, see the article Ver 1 killed the victim ; in later times this was done by 
 
832 
 
 SACRIFICIUM. 
 
 SAECULUJI. 
 
 the priests themselves. When the sacrifice was to 
 be offered to the Olympic gods, the head of the 
 animal was drawn heavenward (see the woodcut 
 in p. 6: comp. Eustath. ad Iluid. i. 459); when to 
 the gods of the lower world, to heroes, or to the 
 dead, it was drawn downwards. While the flesh 
 was burning upon the altar, wine and incense were 
 thrown upon it [J/kcil, i. 264 ; xi. 774, &c.), and 
 prayers and music accompanied the solemnity. 
 
 The most common animal sacrifices at Rome 
 were the suovetaurilia, or solitaurilia, consisting of 
 a pig, a sheep, and an ox. They were perfonned 
 in all cases of a lustration, and the victims were 
 carried around the thing to be lustrated, whether 
 it was a city, a people, or a piece of land. [Lus- 
 TRATio.J 'J'he Greek rpiTTva, which likewise 
 consisted of an ox, a sheep, and a pig, was the 
 same sacrifice as the Roman suovetaurilia. (Calli- 
 mach. ap. Phut. sa\ TpiTTuof ; Aristoph. J'/iit. 8"20.) 
 The customs observed before and during the sacri- 
 fice of an animal were on the wliole the same as 
 those observed in Greece. (Virg. Acii. vi. 245 ; 
 Serv. ad Acn. iv. 57; Fest. s. i\ Immolare; Cato, 
 de Re Rust. 134. 132.) But the victim was in 
 most cases not killed by the priests who conducted 
 the sacrifice, but by a person called jiojia, who 
 struck the animal with a hammer before the knife 
 was used. (Serv. arf y)(-«. xii. 120 ; Suet. CaVuj. 
 32.) The better parts of the intestines (cxta') 
 were strewed with barley meal, wine, and incense, 
 and were burnt upon the altar. Those parts of 
 the animal which were burnt were called prosccta, 
 prosiciue, or a/i/eifmma. When a sacrifice was of- 
 fered to gods of rivers or of tlie sea, these parts 
 were not burnt, but thrown into the water. (Cato, 
 de Re Rust. 134; Macrob. Sat. ii. 2 ; Liv. xxix. 
 27 ; Virg. Aeit. v. 774.) Respecting tiie use which 
 the ancients made of sacrifices to leani the will of 
 the gods, see Haruspex and Divinatio. 
 
 Unbhody sacrifices. Among these we may first 
 mention the libations (lihatioiies, KoiSaX or (TttoVSoi). 
 We have seen above that bloody sacrifices were 
 usually accompanied by libations, as wine was 
 poured upon them. Libations always accompanied 
 a sacrifice which was offered in concluding a treaty 
 with a foreign nation, and that here they formed a 
 prominent part of the solemnity, is clear from the 
 fact that the treaty itself was called o-TrwSrj. But 
 libations were also made independent of any other 
 sacrifice, as in solemn prayers (//««/, xvi. 233), 
 and on many other occasions of public and private 
 life, as before drinking at meals, and the like. 
 Libations usually consisted of unmixed wine 
 (efcrirocSoj, meruin), but sometimes also of milk, 
 honey, and other fluids, either pure or diluted with 
 water. (Soph. Oed. Col. 159. 481 : Plin. //. N. 
 xiv. 19; Aeschyl. Euni. 107.) Incense was like- 
 wise an oftering which usually accompanied bloody 
 sacrifices, but it was also burned as an offering for 
 itself. Real incense appears to have been used 
 only in later times (Phn. //. A^. xiii. 1), but in the 
 early times, and afterwards also, various kinds of 
 fragrant wood, such as cedar, fig, vine, and mj'rtle- 
 wood, were burnt upon tlie altars of the gods. 
 (Suid. s. V. Nri(pdKta ^v\a.) 
 
 A third class of unbloody sacrifices consisted of 
 fruit and cakes. Tlie former were mostly offered 
 to the gods as primitiae or tithes of the harvest, 
 and as a sign of gratitude. They were sometimes 
 offered in their natural state,sometimes also adorned 
 or prepared in various ways. Of this kind were tlie 
 
 dpeffidpT), an olive branch wound around with wool 
 and hung with various kinds of fraits ; the x"'''?'" 
 or pots filled with cooked beans [nTANE''«'IA]; 
 the idpvov or Kepva, or dishes with fruit ; the ocxai 
 or dVxa ['02X0*0'PIA]. Other instances may he 
 found in the accounts of the various festivals. 
 Cakes (vfKavoi, Tvififiara, iroirava, Ulmni) were pe- 
 culiar to the worship of certain deities, as to that 
 of Apollo. They were either simple cakes of flour, 
 sometimes also of wax, or they were made in the 
 shape of some animal, and were then offered as 
 symbolical sacrifices in the place of real animals, 
 either because they could not easily be procured or 
 were too e.xpensive for the sacrificer. (Suid. s. v. 
 Bouj t§8o^os; Serv. ad Aen. ii. 116.) This ap- 
 pearance instead of reality in sacrifices was also 
 manifest on other occasions, for we find that sheep 
 were sacrificed instead of stags, and were then 
 called stags ; and in the temple of I sis at Rome the 
 priests used water of the river Tiber instead of 
 Nile water, and called the former water of the 
 Nile. (Fest. s. v. Cervaria oi-is; Serv. c.) 
 
 See Wachsmuth, HelU-u. Alt. ii. 2. p. 222—234 ; 
 Hartung, Die Relig, der Rwiier, i. p. 160, &c. 
 
 [L. S.] 
 
 S ACRILE'GIUM is the crime of stealing things 
 consecrated to the gods, or things deposited in a 
 consecrated place. (Quinctil. vii. 3. 21, &c.; Cic. 
 de Le(/(/. ii. 16; Liv. xlii. 3.) A lex Julia referred 
 to in the Digest (48. tit. 13. s. 4) appears to have 
 placed the crime of sacrilegium on an equality with 
 peculatus. [Peculatu.s.] Several of the imperial 
 constitutions made death the punishment for a 
 sacrilegus, which consisted according to circum- 
 stances either in being given up to wild beasts, in 
 being burned alive, or hanged. (Dig. 48. tit. 13. s. 
 6.) Paulus saj's in general that a sacrilegus was 
 punished with death, but he distinguishes between 
 such persons who robbed the sacra publica,and such 
 as robbed the sacra privata, and he is of opinion that 
 the latter, though more than a common thief, yet 
 deserves less punishment than the former. In a 
 wider sense, sacrilegium was used by the Romans 
 to designate anj' violation of religion (Com. Nep. 
 Alcilj. 6), or of anything which should be treated 
 with religious reverence. (Ovid. Met. xiv. 539 ; 
 Rem. Am. 367 ; Fast. iii. 700.) Hence a law in 
 the Codex (9. tit. 29. s. 1) states that any person 
 is guilty of sacrilegium who neglects or violates the 
 sanctity of the divine law. Another law (Cod. 9. 
 tit. 29. s. 2) decreed that even a doubt as to whe- 
 ther a person appointed by an emperor to some 
 oflice was worthy of this ofl^ce, was to be regarded 
 as a crime equal to sacrilegium. [L. S.] 
 
 SACRO'RUM DETESTA'TIO.[GENS,p.449.] 
 SAECULA'RES LUDL [Ludi Saeculares.] 
 SAE'CULUM. A saeculum was of a twofold 
 nature, that is, either civil or natural. The civil 
 saeculum, according to the calculation of the Etnis- 
 cans, which was adopted by the Romans, was a 
 space of time containing 1 1 0 lunar years. The 
 natural saeculum, upon the calculation of which 
 the former was founded, expressed the longest 
 term of human life, and its duration or length was 
 ascertained according to the ritual books of the 
 Etruscans, in the following manner : the life of a 
 person, which lasted the longest of all those who 
 were born on the day of the foundation of a town, 
 constituted the first saeculum of that town ; and 
 the longest liver of all who were born at the time 
 when the second saeculum began, again determined 
 
SAGITTA. 
 
 SAGITTA. 
 
 83.3 
 
 the duration of the second saeculum, and so on. 
 !(Censorin. de Die N<it. 17.) In the same manner 
 : that the Etruscans thus called the longest life of a 
 . man a saeculum, so they called the longest cxist- 
 I ence of a slate, or the space of 1100 years, a sae- 
 ^ cular day ; the longest existence of one human 
 jrace, or the space of 8800 years, a saecular week, 
 [;&c. (Plut. Sulla, 7 ; Niebuhr, Ilkt. of Uume, i. p. 
 I 137.) It was believed that the return of a new 
 ^ saeculum was marked by various wonders and 
 signs, which were recorded in the history of the 
 I'ti'uscans. The return of each saeculum at Rome 
 was announced by tlie pontiff's, who also made the 
 ^ necessary' intercalations in sucli a manner, that at 
 I the commencement of a new saeculum the begin- 
 . ning of the ten months' year, of the twelve months' 
 year, and of the solar year coincided. But in 
 \ these arrangements the greatest arbitrariness and 
 irregularity appears to have prevailed at Rome, as 
 ' may be seen from the unequal intervals at which 
 I the ludi saeculares were celebrated. [LuDi Sae- 
 CULARKS.] This also accounts for the various 
 I ways in which a saeculum was detined by the an- 
 i! cients : some believed that it contained thirty 
 \ (Censorin. /. c), and others that it contained a hun- 
 dred years (Varro, de Ling. Lat. v. p. 54. Bip. ; 
 Fest. s. u. Saeculares ludi) ; the latter opinion ap- 
 pears to have been the most common in later times, 
 sn that saeculum answered to our century. (See 
 Niebuhr, Hist, of Rome, i. p. 275, &c.) [L. S.] 
 
 SAGITTA {diuros. Us ; Herod. To|€u/ia), an 
 arrow. The account of the arrows of Hercules 
 (Hesiod, Scut. 130 — 135,) enumerates and describes 
 three parts, viz. the head or point, the shaft, and 
 the feather. 
 
 I. The head was denominated ApZis (Herod, i. 
 215 ; iv. 81), whence the instrument, used to ex- 
 tract arrow-heads from the bodies of the wounded, 
 was called dpZioB-^ipa. [Forceps.] Great quan- 
 tities of flint arrow-heads are found in Celtic bar- 
 rows throughout tlie north of Europe, in form ex- 
 actly resembling those which are still used by the 
 Indians of North America. (Hoare's Anc. Wilt- 
 shire, South, p. 183.) Nevertheless, the Scythians 
 and Massagetae had them of bronze. (Herod. //.cc.) 
 Mr. Dodwell found flint arrow-heads on the plain 
 of Marathon, and concludes that they had be- 
 longed to the Persian army. ( Tour through Greece, 
 vol. ii. p. 159.) Those used by the Greeks were 
 commonly bronze, as is expressed by the epithet 
 Xa\Ki^pris, " fitted with bronze," which Homer ap- 
 plies to an arrow. (//. xiii. 650. 662.) Another 
 Homeric epithet, viz. " three-tongued" (TpiyXux'", 
 II. v. 393), is illustrated by the forms of the arrow- 
 heads, all of bronze, which are represented in the 
 annexed woodcut. That which lies horizontally 
 was found at Persepolis, and is drawn of the size 
 of the original. The two smallest, one of which 
 shows a rivet-hole at the side for fastening it to 
 the shaft, are from the plain of Marathon. (Skelton^ 
 Illust. of Armour at Goodrich Court, i. pi. 44.) 
 The fourth specimen was also found in Attica. 
 (Dodwell, /. c.) 
 
 Theuse o{'ha.TheA.{aduncae,hamatae\ and poison- 
 ed arrows {yeiietiatae sagittae) is always represented 
 by the Greek and Roman authors as the charac- 
 teristic of barlmrous nations. It is attributed to 
 the Sauromatae and Getae (Ovid, Trist. iii. 10.63, 
 64 ; dePonto,\v. 7. 11, 12) ; to the Servii (Arnoldi, 
 Chron. Slav. 4, § 8) and Scythians (Plin. H. A\ x. 
 53. s. 115), and to the Arabs (Pollux, i. 10) and 
 
 Moors. (Hor. Carm. i. 22, 3.) When Ul)-sses 
 wishes to have recourse to this insidious practice, 
 he is obliged to travel north to the country of the 
 
 I Tliesprotians (Horn. Od. i. 261—263) ; and the 
 classical authors who mention it do so in terms of 
 
 I condemnation. (Homer, Pliny, II. cc. ; Aelian, 
 
 H. A. V. 16.) Some of the northern nations, who 
 I could not obtain iron, barbed their arrow-heads with 
 
 bone. (Tacitus, Germ. 46.) The poison applied 
 to the tips of arrows having been called fo.ricum 
 (^To^iKov), on account of its connection with the 
 use of the bow (Plin, //. N. xvi. 10 s. 20 ; Festus, 
 s. v.; Uioscor. vi. 20), the signification of this term 
 was afterwards extended to poisons in general. 
 (Plaut. Merc. ii. 4. 4; Hor. J-Jjmd. xvii. 61; 
 Propert. i. 5, 6.) 
 
 II. The excellence of the shaft consisted in 
 being long and at the same time straight, and, if 
 it was of light wood, in being well polished. (Hes. 
 S(-ut. 133.) But it often consisted of a smooth 
 cane or reed [Aruudo doiiax or phragmites. Linn.), 
 and on this account the whole arrow was called 
 either arundo in the one case (Virg. Aen. iv. 6.9 
 —73 ; V. 525 ; Ovid, Met. i. 471 ; viii. 382), or 
 calamus in the other. (Virg. Buc. iii. 12, 13 ,• Ovid, 
 Met vii. 778 ; Hor. Carm. i. 15. 17; Juv. xiii. 
 80.) In the Egyptian tombs reed-arrows have been 
 found, varying from 34 to 22 inches in length. 
 They show the slit {yKv(pis, Hom. //. iv. 122 ; 
 Od. xxi. 419) cut in the reed for fixing it upon 
 the string. (Wilkinson, Afa?z. and Cast. ^c. i. 309.) 
 
 III. The feathers are shown on ancient monu- 
 ments of all kinds, and are indicated by the terms 
 alae (Virg. Ae7i. ix. 578 ; xii. 319), pennatae sa- 
 gittae (Prudentius, Hamart. 498), and nTepofVTes 
 u'iaroi. (Hom. II. v. 171.) The arrows of Hercu- 
 les are said to have been feathered from the wings 
 of a black eagle. (Hes. /. c.) 
 
 Besides the use of arrows in the ordinary way, 
 they were sometimes employed to carry fire. Julius 
 Caesar attempted to set Antony's ships on fire by 
 sending /3tA.T) irvptpopa from the bows of his archers. 
 (Dion. Cass.l. 34.) A head-dress of small arrows is 
 said to have been worn by the Indians (Prudentius, 
 
 I. e.), the Nubians and Egyptians, and other orien- 
 tal nations. (Claudian, de Nupt. Honor. 222 ; de 
 3 Cons. Honor. 21 ; de Laud. Stil. i. 254.) 
 
 In the Greek and Roman armies the sagittarii, 
 more anciently called urquites, i. e. archers, or 
 bowmen (Festus, s. v.), formed an important 
 part of the light-armed infantry. (Caesar, Bell. 
 j Civ. i. 81 ; iii. 44 ; Cic. ad Fam. xv. 4.) They 
 I belonged, for the most part, to the allies, and were 
 
 3 H 
 
834 
 
 SALAMINIA. 
 
 SALARIUM. 
 
 principally Cretans. (Q. Curt. iv. 50.) [Arciis;! 
 
 CORYTUS ; PhARETRA ; TOKJIENTUM.] [J. Y.] 
 
 SAOMINA were the same as the Vcrhenac, 
 naniL'ly, herbs torn up by their roots from within 
 the inclosure of the Capitolinc, which were always 
 carried by the Fetiales or ambassadors, when they 
 went to a foreign people to demand restitution for 
 wrongs connnitted ayainst the Romans, or to make 
 a treaty. [Fetiai.es.] They served to mark the 
 sacred character of the ambassadors, and answered 
 the same purpose as the Greek /crjpujceia. (Plin. 
 //. N. xxii. 2. s. 3 ; Liv. i. 24 ; xxx. 43 ; Dig. 
 1. tit. 8. s. 8.) Pliny (/. c.) also says that saijmiva 
 were used in nnni'ilmt puhlicis, by which we must 
 understand ex[ii:itii)iis and lustrations. The word 
 Verhi'iia seems to have been applied to any kind of 
 herbs, or to the boughs and leaves of any kind of 
 tree, gath.cred from a pure or sacred place. (Serv. 
 ad Villi. J,,,, xii. 120.) 
 
 According to Pestus (s.v.), the verbena£ v/ere 
 called sagiiiina, that is, pure herbs, because they 
 were taken by the consul or the praetor from a 
 sacred (sancio) place, to give to legati when setting 
 out to make a treaty or declare war. He connects 
 it with the words saiiclus and savcirc, and it is not 
 at all impossible that it may contain the same root, 
 which appears in a simpler form in sac-cr {sag-men, 
 sa{n)c-tiis) : Marcian (Dig. I. c.) however makes a 
 ridiculous mistake, when he derives sanctus from 
 sagmina. 
 
 MuUer (adFesium, p. 320) thinks, that samcntum 
 is the same word as sagnmi, although used respect- 
 ing another thing by the Anagnienses. (M. Aure- 
 lius, ill cjiid. Ill/ Fnmton. iv. 4.) 
 
 SAGUM was the cloak worn by the Roman sol- 
 diers and inferior officers, in contradistinction to the 
 Paludameiitnm of the general and superior officers. 
 [Pau'dajientum.] It is used in opposition to the 
 toga or garb of peace, and we accordingly find that 
 when there was a war in Italy, all citizens put on the 
 sagum even in the city, with the exception of those 
 of consular i;ink {saga siiinere, ad saga ire, in 
 sagis- ivsr, ( :c. I'/iil. viii. II ; v. 12 ; xiv. 1): hence 
 in the Italic win- the sagum was worn for two 
 years. (Liv. J'Jjiil. 72, 73 ; Veil. Paterc. ii. 16.) 
 
 The sagum was open in the front, and usually 
 fastened across the shoulders by a clasp, though 
 not always (Trebell. Poll. Trig. Tijranii. 10); it 
 resembled in form the Paludamentum (see wood- 
 cuts, p. 704), as we sec from the specimens of it 
 on the column of Trajan and other ancient moini- 
 ments. It was thick and made of wool (Mart, 
 xiv. 159), whence the name is sometimes given to 
 the wool itself. (Varro, L. L. v. 167. ed. Miiller.) 
 The cloak worn by the general and superior officers 
 is sometimes called sagum {Punicum sagum, Hor. 
 Ep. ix. 28), but the diminutive Saguliim is more 
 commonly used in such cases. (Compare Sil. Ital. 
 iv. 519 ; xvii. 528 ; Liv. xxx. 17 ; xxvii. 19.) 
 
 The cloak woni by the northern nations of 
 Europe is also called sagum : see woodcut, p. 1 60, 
 where three Samatians are represented with saga, 
 and compare Palluui, p. 702. The Gennan 
 sagum is mentioned by Tacitus {Germ. 17): that 
 worn by the Gauls seems to have been a species of 
 plaid {versicolor saguhim, Tac. Hist. ii. 20). 
 
 The outer gannent worn by slaves and poor 
 persons is also sometimes called sagum. (Columcll. 
 I. 8 ; compare Dig. 34. tit. 2. s. 23. § 2.) 
 
 SALAMI'NIA CSaXaixivia). The Athenians 
 from very early times kept for public purposes two 
 
 sacred or state vessels, the one of which was called 
 TiapaAos, and the ot\ier 'S.o.Kafui/'ta : the crew of the 
 one bore the name of napaKlra.i or TiapaXoi, and 
 that of the other (TaXaixlinoi. (Phot. s. '(•. lldpaXos 
 and -rrdpaAoi.) In the former of these two articles 
 Photius erroneously regards the two names as be- 
 longing to one and the same ship. (Pollux, viii. 116; 
 Hesych. s. v. TlapaAnris. ) The Salaniinia was 
 also called Al)A^a or ©ewpi's, because it was used to 
 convey the Seoipol to Delos, on wliich occasion the 
 ship was adorned with garlands by the priest of 
 Apollo. (Plat. Phacd. p. 58. c.) Both these ves- 
 sels were quick-sailing triremes, and were used for 
 a variety of state-pm'poses : they conveyed theories, 
 despatches, &c. from Athens, carried treasures 
 from subject countries to Athens, fetched state-cri- 
 minals from foreign parts to Athens, and the like. 
 (Thucyd. vi. 53. 61.) In battles they were fre- 
 quently used as the ships in which the admirals 
 sailed. These vessels and their creAV were always 
 kept in readiness to act, in case of any necessity 
 arising ; and the crew, although they could not for 
 the greater part of the year be in actual service, 
 received their regular pay of four oboli per day all 
 the year round. This is expressly stated only of 
 the Paralos (Harpocrat. and Phot. s. v. UdpaAos), 
 but may be safely said of the Salaminia also. Tlie 
 statement of the scholiast on Aristophanes {Av. 
 147 ; comp. Suidas, s. v. 'ZaKayuvia vavs), that the 
 Salaminia was only used to convey criminals to 
 Athens, and the Paralos for theories, is incorrect, 
 at least if applied to the earlier times. When 
 Athens had become a great maritime power, 
 and when other ships were employed for purposes, 
 for which before either the Salaminia or the Paralos 
 had been used, it is natural to suppose that these 
 two vessels were chiefly employed in matters con- 
 nected with religion, as theories, and in extraordi- 
 nary cases, such as when a state criminal like 
 Alcibiades was to be solemnly conveyed to Athens. 
 The names of the two ships seem to point to a 
 very early period of the history of Attica, when 
 there was no navigation except between Attica 
 and Salamis, for which the Salaminia was used, 
 and around the coast of Attica, for which purpose 
 the Paralos was destined. In later times the 
 names were retained although the destination of 
 the ships was principally to serve the purposes of 
 religion, whence they are frequently called the 
 sacred ships. (See Biickh, Staaish i. p. 258 ; Gtil- 
 ler, ad Tliueyd. iii. 33 ; Schbmann, ad Jsacum, p. 
 296.) [L. S.] 
 
 SALA'RIUM, a salary. The ancients derive 
 the word from su/, i. c. salt (Plin. //. A^. xxxi. 41 ); 
 the most necessary thing to support human life 
 being thus mentioned as a representative for all 
 others. Salarium therefore comprised aU the pro- 
 visions with which the Roman officers were sup- 
 plied, as well as their pay in money. In the time 
 of the republic the name salarium does not appear 
 to have been used ; it was Augustus who in order 
 to place the governors of provinces and other mili- 
 tary officers in a greater state of dependence, gave 
 salaries to them or certain sums of money, to which 
 afterwards various supplies in kind were added. 
 (Suet. Avg. 36 ; Tacit. Jgric. 42 ; Treb. Poll. 
 Claud. 14 and 15 ; Flav. Vopisc. ProL 4.) Before 
 the time of Augustus, the provincial magistrates 
 had been provided in their provinces witli every- 
 thing they wanted, through the medium of redemp- 
 torcs {-irdpoxoi), who undertook, for a certain sum 
 
SALII. 
 
 SALINAE. 
 
 835 
 
 ! paid by the state, to provide the govemnrs with all 
 i that was necessary to them. During the empire 
 ' we find instances of the salarium being paid to a 
 \ person who had obtained a province, but was nc- 
 \ vertheless not allowed to govern it. In this case. 
 
 the salarium was a compensation for the honour 
 ' and advantages which he might have derived from 
 ' the actual government of a province, whence we 
 can scarcely infer that the sura of 10,000 sesterces, 
 A\-|iich was offered on such an occasion (Dion Cass. 
 Ixxviii. 22), was the regular salarium for a pro- 
 consul. 
 
 Salaria were also given under the empire to 
 other officers, as to military tribunes (Plin. H. A', 
 xxxiv. 6 ; Juv. iii. 132), to asscssores [Assessor], 
 t(i senators (Suet. Nero, 10), to the comites of the 
 |irinceps on his expeditions (Suet. Till. 46), and 
 otliers. Antoninus Pius fixed the salaries of all 
 
 ' the rhetoricians and philosophers throughout the 
 
 j empire (Capitol. Aiif. I'ius, 11), and when persons 
 did not fulfil their duties he punislied them by 
 deducting from their salaries. (Capitol, iliid. 7.) 
 Alexander Severus instituted fixed salaries for 
 
 [ rhetoricians, grammarians, physicians, haruspices, 
 mathematicians, mechanicians and architects (Lam- 
 prid. Ale^r. Set: 44) ; but to how much these sala- 
 ries amounted we are not informed. Respecting 
 the pay which certain classes of priests received, 
 see Sacerdos. [L. S.] 
 
 SA'LII were priests of Mars Gradivus, and are 
 said to have been instituted by Numa. They 
 were twelve in number, chosen from the patricians 
 even in the latest times, and formed an ecclesiasti- 
 
 ! cal corporation. (Liv. i. 20 ; Dionys. ii. 70 ; Cic. 
 
 , Rep. ii. 14 ; leda juventus patriciu, Lucan, ix. 
 478.) They had the care of the twelve Ancilia 
 [ Ancile], which were kept in the temple of Mars 
 on the Palatine hill, whence these priests were 
 sometimes called Salii Palatini to distinguish them 
 from the other Salii mentioned below. The dis- 
 tinguishing dress of the Salii was an embroidered 
 tunic bound with a brazen belt, the trabea, and the 
 i\pex, also worn by the Flamines. [Ai'EX.] Each 
 had a sword by his side, and in his right hand a 
 spear or staff. (Dionys. /. c.) 
 
 The festival of Mars was celebrated by the 
 Salii on the 1 st of March and for several successive 
 days ; on which occasion they were accustomed to 
 go through the city in their official dress carrj'ing 
 the ancilia in their left hands or suspended from 
 
 - then' shoidders, and at the same time singing and 
 dancing (Liv. c. ; Dionys. /. c. ; Hor. Cann. i. 
 3G. 12 ; iv. 1. 28), whence Ovid, apparently 
 "with correctness, . derives their name (^Fasi. iii. 
 387). The songs or hymns, which they sang on 
 this occasion (Sr(/j«n(t carmina, Hor. Ep. il. 1. 86; 
 Tac. Ann.u.Vi'd), were caWedi Asamen(a,Assamenia, 
 or A.ramcnta, of which the etymology is uncertain. 
 Gbttling {Gesch. dcr Rom. Slaaisv. p. 192) thinks 
 they were so called because they were sung with- 
 out any musical accompaniment, assa voce ; but 
 this etymology is opposed to the express statement 
 of Dionysius (iii. 32). Some idea of the subject of 
 these songs may be obtained from a passage in 
 Virgil (Aeu. viii. 286), and a small fragment of 
 
 ' them is preserved by Varro {L. L. vii. 26. ed. 
 Muller). In later times they were scarcely un- 
 derstood even by the priests themselves. ( \'arro, 
 L. L. vii. 2 ; Hor. Ep. ii. 1. 86 ; Quint, i. 6. p. 54. 
 
 ; Bipont.) The praises of Manuirius Veturius 
 
 ' formed the principal subject of these songs, though 
 
 who Mamnrius Viturius was, the ancients them- 
 selves were not agreed upon. (Varro, L. L. vi. 45.) 
 He is generally said to be the annourer, who made 
 eleven ancilia like the one that was sent from 
 heaven [Ancile] (Festus, .v. i'. jI/'/j/j. VcL; Dionys. 
 ii. 71 ; Ovid, Fast. iii. 384), but some modern 
 writers suppose it to be merely another name of 
 Mars. Besides, however, the praises of Mamurius, 
 the verses, which the Salii sang, appear to have 
 contained a kind of theogony, in which the praises 
 of all the celestial deities were celebrated, with 
 the exception of Veims. (Macrob. Sat. i. 12.) The 
 verses in honour of each god were called by the re- 
 spective names of each, as Januli, Junonii, Minervii. 
 (Festus, s. V. Axainetita.) Divine honour was 
 paid to some of the emperors by inserting their 
 names in the songs of the Salii. This honour was 
 first bestowed upon Augustus (Monum. Ancyr.), 
 and afterwards upon Germanicus (Tac. Anyi. ii. 
 83) ; and when Verus died, his name was inserted 
 in the song of the Salii by command of M. Anto- 
 ninus. (Capitol M. Ant. Phil. 21.) 
 
 At the conclusion of the festival the Salii were 
 accustomed to partake of a splendid entertainment 
 in the temple of Mars, which was proverbial for 
 its excellence. (Suet. Claud. 33 ; Cic. ad Alt. v. 
 9 ; Hor. Carm. i. 37.) The members of the col- 
 legium were elected by co-optation. We read of 
 the dignities of praesul, vates, and magister in the 
 collegium. (Capitol. Iliil. 4.) 
 
 TuUus Hostilius established another collegium 
 of Salii in fulfilment of a vow which he made in a 
 war with the Sabines. Tliese Salii were also 
 twelve in number, chosen from the patricians, and 
 appear to have been dedicated to the service of 
 Quirinus. They were called the Salii CoUini, 
 Agonalcs or Agonenses. (Liv. i. 27 ; Dionys. ii. 
 70 ; iii. 32 ; Varro, L. L. vi. 14.) Niebuhr (j?o«j. 
 Gesch. iii. p. 410) supposes, that the oldest and 
 most illustrious college, the Palatine Salii, were 
 chosen originally from the oldest tribe, the Ramnes, 
 and the one instituted by TuUus Hostilius or the 
 Quu'inalian from the Titles alone : a third college for 
 the Luceres was never established. (Compare 
 Hartung, Die Reliiiio7i der R'unicr, ii. p. 163, &c.) 
 
 SALI'NAE {dKal, d\oTrifiyiot'), a salt-work. 
 (Varro, de L. Lai. viii. 25. ed. Spengel.) Al- 
 though the ancients were well acquainted with 
 rock-salt (Herod, iv. 181 — 185 ; a\es opvKTol, 
 i. e. " fossil salt," Arrian, Etped. Alex. iii. 4. p. 
 161, 162. ed. Blan.), and although they obtained 
 salt likewise from certain inland lakes (Herod, vii. 
 30) and from natural springs or brine-pits (Cic. 
 Ned. Dcm: ii. 53 ; Plin. //. N. xxxi. 7. s. .39— 
 42), and found no small quantity on certain shores 
 where it was congealed by tlie heat of the sun 
 without human labour (a\6s avrofiaToi, Herod, iv. 
 53 ; Plin. /. c), yet they obtained by far the 
 greatest quantity by the management of works 
 constructed on the sea-shore, where it was natur- 
 ally adapted for the purpose by being so low and 
 flat as to be easily overflowed by the sea (^mari- 
 timae areas salinarum. Col. dc Re Rust. ii. 2), or 
 even to be a brackish marsh (a\i>/tls) or a marine 
 pool (A.i;uvo8aAaTTa, Strabo, iv. 1. § 6 ; vii. 4. § 7; 
 Caesar, Bell. Civ. ii. 37). In order to aid the 
 natural evaporation, shallow rectangular ponds 
 (multijidi hu-iis) were dug, divided from one an- 
 other by earthen walls. The sea-water was ad- 
 mitted through canals, which were opened for the 
 purpose, and closed again by sluices. [Cataracta.J 
 
 3 n 2 
 
836 
 
 SALTATIO. 
 
 The water was more and more strongly impregnat- 
 ed with salt as it flowed from one pond to another. 
 (Rutilii, Itin. i. 475—490.) When reduced to 
 brine {coaHo liumore), it was called by the Greeks 
 oA^T), by the Latins scdsugo or sahilatio, and by 
 the Spaniards murki. (Plin. /. c.) In this state it 
 was used by the Egyptians to pickle fish (Herod, 
 ii. 77), and by the Romans to presei-ve olives, 
 cheese, and flesh likewise. (Cato, de Re Rust. 1. 
 88. 105 ; Hor. Sat. ii. 8. 53.) From muria, 
 which seems to be a corruption of akfivpos, 
 " briny," the victuals cured in it were called salsa 
 muriatica. (Plaut. Poen. i. ii. 32. 3!).) As the 
 brine which was left in the ponds crystallized, a 
 man entrusted with the care of them, and there- 
 fore called salinator [aKoi!7\y6s), raked out the salt 
 so that it lay in heaps {tumuli) upon the ground to 
 drain. (Manilius, v. prope fin. ; Nicander, Alex. 
 518,519.) In Attica (Steph. Byz.), in Britain 
 (Ptol.), and elsewhere, several places, in conse- 
 quence of the works established in them, obtained 
 the name of 'AAai or SiJinae. 
 
 Throughout the Roman empire the salt-works, 
 having been first established by the early kings of 
 Rome, were commonly public property, and were 
 let by the government to the highest bidder. The 
 publicans who farmed them, and often maintained 
 upon them a great number of servants (Cic. pro 
 Lej/e Man. G), were called mamipes salinarum. 
 [Ma.vceps.J Malefactors of both sexes were em- 
 ployed in them, as they were in the mines. (Bu- 
 lenger, Je Trib.et Fed. xxi.) [J. Y.] 
 
 SALI'NUM, dim. SALILLUM, a salt-cellar. 
 Among the poor a shell served for a salt-cellar 
 (Hor. Sat. i. 3. 14 ; Schol. adloc): but all who were 
 raised above poverty had one of silver, which de- 
 scended from father' to son (Hor. Carm. ii. 16. 13, 
 14), and was accompanied by a silver plate, which 
 was used together with the salt-cellar in the do- 
 mestic sacrifices. (Pers. iii. 24, 25.) [Patera.] 
 These two articles of silver were alone compatible 
 with the simplicity of Roman manners in the early 
 times of the republic. (Plin. //. A^. xxxiii. 12. s. 
 54; Val. Max. iv. 4. 3 ; Catull. xxiii. 19.) The 
 salt-cellar was no doubt placed in the middle of the 
 table, to which it connnunicated a sacred character, 
 the meal partaking of the nature of a sacrifice. (Ar- 
 nob. adv. Gent. ii. p. 91. ed. Maire. L. Bat. 1651.) 
 [Focu.s ; Mensa.] These circumstances, together 
 with the religious reverence paid to salt and the 
 habitual comparison of it to wit and vivacity, ex- 
 plain the metaphor by which the soul of a man is 
 called his salillum. (Plaut. Trin. iL 4. 90, 91.) 
 
 [J. Y.] 
 
 SALTA'TIO (opx')0''s, opx^'i'i^s), dancing. 
 The dancing of the Greeks as well as of the Ro- 
 mans had very little in common with the exercise 
 which goes by that name in modern times. It may 
 be divided into two kinds, gymnastic and mimetic ; 
 that is, it was intended either to represent bodily 
 activity, or to express by gestures, movements and 
 attitudes certain ideas or feelings, and also single 
 events or a series of events, as in the modern 
 ballet. All these movements, however, were ac- 
 companied by music ; but the terms opxVffis and 
 saltatio were used in so much wider a sense than 
 our word dancing, that they were applied to de- 
 signate gestures, even when the body did not move 
 at all. (Ovid, Art. Am. I 595 ; ii. 305; saltare 
 solis oculis, Apul. Met. x. p. 251. ed. Bip.) 
 
 We find dancing prevalent among the Greeks 
 
 SALTATIO. 
 
 from the earliest times. It is frequently mentioned 
 in the Homeric poems : the suitors of Penelope de- 
 light themselves with music and dancing {Od. i. 
 152. 421; xviii. 304); and Ulysses is entertained 
 at the court of Alcinous with the exhibitions of very 
 skilful dancers, the rapid movements of whose feet 
 excite his admiration. (Od. viii. 265.) Skilful 
 dancers were at all times highly prized by the 
 Greeks : we read of some who were presented with 
 golden crowns, and had statues erected to their 
 honour, and their memory celebrated by inscrip- 
 tions. (Plut. de Pyth. Oruc. 8; Anthol. Plan. iv. 
 n. 283, &c.) 
 
 The lively imagination and mimetic powers of 
 the Greeks found abundant subjects for various 
 kinds of dances, and accordingly the names of no 
 less than 200 dift'erent dances have come down to 
 us. (Meursius, Orchvstr.; Athen. xiv. p. 627 — 630 ; 
 Pollux, iv. 9.5 — 111 ; Liban. UTrcp tcuc dpx-) It 
 would be inconsistent with the nature of this work 
 to give a description of all that are known : only 
 the most important can be mentioned, and such as 
 will give some idea of the dancing of the ancients. 
 
 Dancing was originally closely connected with 
 religion : Plato {Leij. vii. 798, 799) thought that 
 all dancing should be based on religion, as it was, 
 he says, among the Egyptians. In has been shown 
 under Chorus, that the Chorus in the oldest times 
 consisted of the whole population of a city, who 
 met in a public place to offer up thanksgivings to 
 the god of their country, by singing hymns and 
 performing dances. These dances, which like all 
 others were accompanied by music, were therefore 
 of a strictly religious nature ; and in all the public 
 festivals, which were so numerous among the 
 Greeks, dancing formed a very prominent part. 
 We find from the earliest times that the worship 
 of Apollo was connected with a religious dance, 
 called 'TnO'PXHMA. All the religious dances, 
 with the exception of the Bacchic and the Cory- 
 bantian, were very simple, and consisted of gentle 
 movements of the body with various turnings and 
 windings around the altar : such a dance was the 
 ytpavos, which Theseus is said to have performed 
 at Delos on his return from Crete. (Plut. TIiks. 21.) 
 The Dionysiac or Bacchic and the Corybantian 
 were of a very different nature. In the former the 
 life and adventures of the god were represented by 
 mimetic dancing [Dionvsia] : the dance called 
 BaKX'Kri by Lucian (de Salt. 79), was a Satyric 
 dance and chiefly prevailed in Ionia and Pontus ; 
 the most illustrious men in the state danced in it, 
 representing Titiins, Corybanti;uis, Satyrs, and 
 husbandmen, and the spectators. were so debghted 
 with the exhibition, that they remained sitting the 
 whole day to witness it, forgetful of everything 
 else. The Corybantian was of a very wild cha- 
 racter : it was chiefly danced in Phrygia and in 
 Crete ; the dancers were armed, struck their 
 swords against their shields, and displayed the 
 most extravagant fury ; it was accompanied chiefly 
 by the flute. (Lucian, lb. 8 ; StraJj. x. p. 473 ; 
 
SALTATIO. 
 
 SALTATIO. 
 
 837 
 
 Plat. Crit. p. 54.) The preceding woodcut from 
 the Museo Pio-Clementino (vol. iv. pi. 9) is sup- 
 posed to represent a Corybantian dance. Respect- 
 ing the dances in the theatre, see Chorus. 
 
 Dancing was applied to gymnastic pui'poses and 
 to training for war, especially in the Doric states, 
 and was believed to have contributed very much 
 to the success of the Dorians in war, as it enabled 
 them to perfonn their evolutions simultaneously 
 and in order. Hence the poet Socrates (Athen. 
 xiv. 6'29. f.) says, 
 
 oi Se xopo's KaWiara SeoOs Tip-waiv, apicrroi 
 
 There were various dances in early times, which 
 served as a preparation for war : hence Homer 
 {II. xi. 49 ; xii. 77) calls the Hoplites TrpuAees, a 
 war-dance having been called irpvKis by the Cre- 
 tans. (Miiller, iJor. iii. 12. § 10.) Of such dances 
 the most celebrated was the Pj'rrhic (r; ITuppix'?), 
 of which tiie irpuAis was probably only another 
 name: this Plato {Let/, vii. p. 815) takes as the 
 representative of all war dances. The invention of | 
 this dance is placed in the mythical age, and is 
 usually assigned to one Pyrrhicos, but most of the 
 accounts agree in assigning it a Cretan or Spartan 
 origin ; though others refer it to Pyrrhus or Neo- 
 ptolemus, the son of Achilles, apparently misled by 
 the name, for it was undoubtedly of Doric origin. 
 (Athen. xiv. p. 630. e ; Strab. x. p. 4()6 ; Plat. 
 Leg. -p. "96; Lucian, //;. 9.) It was danced to 
 the sound of the flute, and its time was very quick 
 and light, as is shown by the name of the Pyrrhic 
 foot (--), which must be connected with this 
 dance : and from the same source came also the 
 
 Proseleusmatic ( ) or challenging foot. (Miiller, 
 
 Hist, of tlx Ldcrat. of Greece, i. p. 161.) The 
 Pyrrhic dance was performed in different ways at 
 various times and in various countries, for it was 
 by no means confined to the Doric states. Plato 
 {Leg. vii. p. 815) describes it as representing by 
 rapid movements of the body the way in which 
 missiles and blows from weapons were avoided, 
 and also the mode in which the enemy were 
 attacked. In the non-Doric states it was pro- 
 bably not practised as a training for war, but 
 only as a mimetic dance : thus we read of its being 
 danced by women to entertain a company. (Xen. 
 Anab. vi. 1. § 12.) It was also performed at 
 Athens at the greater and lesser Panathenaea by 
 Ephebi, who were called Pyrrhichists {Tlvp'pixKna'i) 
 and were trained at the expense of the Choragus. 
 (Schol. ad Aristoph. Nub. 988 ; Lysias, diro\. 
 SapoSoK. p. 698. Ileiske.) In the mountainous 
 parts of Thessaly and Macedon dances are per- 
 formed at the present day by men armed with 
 muskets and swords. (Dodwell, Tour through 
 Greece, ii. p. 21, 22.) 
 
 The following woodcut, taken from Sir. W. 
 Hamilton's vases (ed. Tischbein, vol. i. pi. 60), 
 represents three Pyrrhichists, two of whom with 
 shield and sword are engaged in the dance, while 
 the third is standing with a sword ^ Above them 
 is a female balancing herself on the head of one, 
 and apparently in the act of performing a somerset ; 
 she no doubt is taking part in the dance, and per- 
 forming a very artistic kind of ku§i'(Ttt)(Tis or 
 tumbling, for the Greek performances of this kind 
 surpass any thing we can imagine in modern times. 
 Her danger is increased by the person below, who 
 holds a sword pointing towards her. A female spec- 
 tator sitting looks on astonished at the exhibition. 
 
 The Pyrrhic dance was introduced in the public 
 games at Rome by Julius Caesar, when it was 
 danced by the children of the leading men in Asia 
 and Bithynia. (Suet. Jul. Cues. 39.) It seems 
 to have been much liked by the Romans ; it was 
 exhibited both by Caligula and Nero (Dion Cass. 
 Ix. 7 ; Suet. Ner. 12), and also frequently by 
 Hadrian. (Spartian. //arfr. 19.) Athenaeus (xiv. 
 p. 631. a) says that the Pyrrhic dance was stiU 
 practised in his time (the third century a. d.) at 
 Sparta, where it was danced by boys from the age 
 of fifteen, but that in other places it had become a 
 species of Dionysiac dance, in which the history of 
 Dionysus was represented, and where the dancers 
 instead of arms carried the thyrsus and torches. 
 
 Another important gymnastic dance was per- 
 formed at the festival of 7i/(Uco7raiSi'a at Sparta in 
 commemoration of the battle at Thyrea, where the 
 1 chief object according to Miiller {Dor. iv. 6. § 8) 
 was to represent gymnastic exercises and dancing 
 in intimate union : respecting the dance at this 
 festival, see TTMNOnAIAl'A. 
 
 There were otiier dances, besides the Pyrrhic, in 
 which the performers had arms, but these seem to 
 have been entirely mimetic, and not practised with 
 any view to training for war. Such was the 
 Kapiraia peculiar to the Aeuianians and Magnetes, 
 which was performed by two armed men in the 
 following manner: one lays down his arms, sows 
 the ground, and ploughs with a yoke of oxen, fi-e- 
 quently looking around as if afraid ; then comes a 
 robber, whom as soon as the other sees, he snatches 
 up his anns and fights with him for the o.xen. All 
 these movements are rhythmical, accompanied by 
 the flute. At last the robber binds the man and 
 drives away the oxen, but sometimes the husband- 
 man conquers. (Xen. Anab. vi. 1. § 7, 8 ; Athen. i. 
 p. 1 5. f. 16. a ; Maxim. Tyr. Diss, xxviii. 4.) Similar 
 dances by persons with arms are mentioned by 
 Xenophon on the same occasion. These dances 
 were frequently performed at banquets for the en- 
 tertainment of the guests (Athen. iv. p. 155. b) : 
 where also the /ci/SitrT^pej were often introduced, 
 who in the course of their dance flung themselves 
 on their head and alighted again upon their feet. 
 See KTBI2TH"PE2, where the remarks which are 
 made respecting the KoSiarav ds juoxatpis are 
 well illustrated by the following woodcut from the 
 Museo Borbonico, vol. vii. tav. 58. We learn from 
 Tacitus {Germ. 24) that the German youths also 
 used to dance among swords and spears pointed at 
 them. 
 
838 
 
 SALTATIO. 
 
 SAMBUCA. 
 
 If 
 
 Other kinds of dances were frequently performed 
 at entertainments, in Rome as well as in Greece, 
 by courtezans, many of which were of a very inde- 
 cent and lascivious nature. (Macrob. Sat. ii. 10 ; 
 Plaut. Stick. V. 2. 11.) The dancers seem to have 
 frequently represented Bacchanals : many such 
 dancers occur in the paintings found at Herculaneum 
 and Pompeii in a variety of graceful attitudes. (See 
 Museo Borbmico, vol. vii. tav. 34 — 40 ; vol. ix. tav. 
 17 ; vol. X. tav. 5, 6. 54.) 
 
 Among the dances performed without arms one 
 of the most important was the opfxos, which was 
 danced at Sparta bj' youths and maidens together; 
 the youth danced first some movements suited to 
 his age, and of a military nature ; the maiden fol- 
 lowed in measured steps and with feminine ges- 
 tures. Lucian (</e Salt. 1"2) says that it was simi- 
 lar to the dance perfonned at the GjTunopaedia. 
 (Compare Miiller, Dor. iv. 6. § 5.) Another com- 
 mon dance at Sparta was the Biba.sls, which is 
 described in a separate article. 
 
 In many of the Greek states the art of dancing 
 was carried to great perfection by females, who 
 were frequently engaged to add to the pleasures 
 and onjojnnent of men at their symposia. These 
 dancers always belonged to the hetaerae. Xeno- 
 phon (Symp. ix. 2 — 7) describes a mimetic dance 
 which was represented at a symposium, where 
 Socrates was present. It was performed by a 
 maiden and a youth, belonging to a SjTacusian, 
 who is called the 6pKy)<TTo^iia.<rKa\os, and repre- 
 sented the loves of Dionysus and Ariadne. 
 
 Respecting the dancers on the tight-rope see 
 
 FUNAMBULUS. 
 
 Dancing was common among the Romans in an- 
 cient times in connection with religious festivals 
 and rites, and was practised according to Servius 
 («(/ Viiy. Ed. v. 73), because the ancients thought 
 that no part of the body should l^e free from the 
 influence of religion. The dances of the S.alii, 
 which were perfonned by men of patrician families, 
 are described elsewhere. [Ancile.] Dionysius 
 (vii. 72) mentions a dance with arms at the Ludi 
 Magni, which, according to his usual plan of re- 
 ferring all old Roman usages to a Greek origin, he 
 calls the Pyrrhic. There was another old Roman 
 dance of a military nature, called ISdlicrepa Satta- 
 tio, which is said to have been instituted by Ro- 
 mulus, after he had carried off the Sabine virgins, 
 in order that a like misfortune might not befall his 
 state. (Festus, s. v.) Dancing, however, was not 
 performed by any Roman citizens except in con- 
 nection with religion ; and it is only in reference 
 
 to such dancing that we are to understand the 
 statements, that the ancient Romans did not con- 
 sider dancing disgraceful, and that not only free- 
 men, but tlie sons of senators and noble matrons 
 practised it. (Quintil. Inst. Orat. i. 11. § 18; 
 Macrob. Sat. ii. 10.) In the later times of the 
 republic we know that it was considered highly 
 disgraceful for a freeman to dance : Cicero re- 
 proaches Cato for calling Murena a dancer (salta- 
 tor)^ and adds "nemo fere sal tat sobrius, nisi forte 
 insanit." {Pro Murcri. 6; compare in Pison. 10.) 
 
 The mimetic dances of the Romans, which were 
 carried to such perfection under the empire, are 
 described under Pantomimus. 
 
 (Meursius, Orchestra ; BUrette, de la Danse des 
 Ajiciens ; Krause, Gynuiastik uml Aijon. d. Hell. 
 p. 807, &c.) 
 
 SALVIA'NUM INTERDICTUM. [Inter- 
 
 DICTOM, p. 522.] 
 
 SALUTATO'RES was the name given in the 
 later times of the republic and under the empire to 
 a class of men who obtiiined their living by visiting 
 the houses of the wealthy early in the morning to 
 pay their respects to them (salutare), and to accom- 
 pany them when they went abroad. This arose 
 from the visits which the clients were accustomed 
 to pay to their patrons, and degenerated in later 
 times into the above-mentioned practice ; and such 
 persons seem to have obtained a good living among 
 the great number of wealthj' and vain persons at 
 Rome, who were gratified by this attention. {Mer- 
 cenarius Salutator, Colum. Prai'f. i ; Martial, x. 
 74 ; Becker, O'atlus, i. p. 14().) [Sportula.] 
 
 SAMBUCA ((Ta/xSvKTi), or ffaSvKri, Arcadius de 
 Accent, p. 107), a harp. 
 
 The preceding Latin and Greek names are with 
 good reason represented by Bochart, Vossius, and 
 other critics, to be the same with the Hebrew 
 J«J32lD (sabeca), which occurs in Daniel (iii. 5. 7. 
 
 T ; - 
 
 10). The performances of sambucistriae ((ro//§u- 
 KitTTpiai) were only known to the early Romans as 
 luxuries brought over from Asia. (Plaut. Stich. ii. 
 3. 57 ; Liv. xxxix. 6.) The Athenians consider- 
 ed them as an exotic refinement (Philemon, p. 
 370. ed. Meineke) ; and the Rhodian women who 
 plaj'ed on the harp at the marriage-feast of Caranus 
 in Macedonia, clothed in very thin tunics, were 
 introduced with a view to give to the entertain- 
 ment the highest degree of splendour. Some Greek 
 authors expressly attributed the invention of this 
 instrument to the Syrians or Phoenicians. (Athe- 
 naeus, iv. 175 d.) The opinion of those who 
 ascribed it to the Lyric poet, Ibycus, can only 
 authorize the conclusion, that he had the merit of 
 inventing some modification of it, the instrument 
 as improved by him being called 'ISvKivov. (Athen. 
 I.e.; Suidas, s. v. 'ISvKiuov: 'ISvkos : Sa/xSuKai.) 
 Strabo, moreover, represents aaixSvKi) as a " bar- 
 barous" name (x. 3. § 17). 
 
 The sambuca is several times mentioned in con- 
 junction with the small triangular harp {rplywi'oi'), 
 which it resembled in the principles of its con- 
 struction, though it was much larger and more 
 complicated. The trigonum, a representation of 
 which from the Museum at Naples is given in the 
 annexed woodcut, was held like the lyre in the 
 hands of the peribnner (Spon, Mvsc. Erud. Ant. 
 p. 21), whei'eas the harp was sometimes consider- 
 ably liigher than the stature of the performer, and 
 was placed upon the ground. The harp of the 
 
SANDALIIIxM. 
 
 Parthians and TroglodyUie had only four strings. 
 (Athen. xiv. 033 f.) Those which are painted on 
 the walls of I'Igyptian tombs (see Denon, Wilkin- 
 son, &c.) have from 4 to 38. One of them, taken 
 from 13rucc's travels, is here introduced. From 
 the allusions to this instrument in Vitruvius (vi. 
 1) we find that the longest string was called tlie 
 proslambanomenon," the next " hypate," the 
 shortest but one " paranete," and the shortest, 
 which bad consequently the highest tone, was 
 called "nete." (See Music, p. G2o, 626.) 
 Under the Roman emperors the harp appears to 
 have come into more general use (Pers. v. 95 ; 
 Spartian. lliulr. ifi), and was played by men 
 {aafiSuKiaTai) as well as women. (Athen, iv. 
 182. e.) 
 
 SARRACUM. 
 
 839 
 
 Samhuca was also the name of a military en- 
 gine, used to scale the walls and towers of be- 
 sieged cities. It was called by this name on 
 account of its general resemblance to the form of 
 the harp. Accordingly we may conceive an idea 
 of its construction by turning to the woodcut and 
 supposing a mast or upright pole to be elevated in 
 the place of the longest strings, and to have at its 
 summit an apparatus of pulleys, from which ropes 
 proceed in the direction of tlie top of the harp. 
 We must suppose a strong ladder, 4 feet wide, and 
 guarded at the sides with palisades, to occupy the 
 place of the sounding-board, and to be capable of 
 being lowered or raised at pleasure by means of 
 the ropes and pulleys. At the siege of Syracuse 
 Marcellus had engines of this description fixed 
 upon vessels, which the rosvers moved up to the 
 walls so that the soldiers might enter the city by 
 ascending the ladders. (I'olyb. viii. 5 ; Plut. Mure. 
 p. 558. ed. Steph. ; Athen. xiv. ()34. b ; Onosandr. 
 Sirat. 42 ; Vitruv. x. 1 (i. § 9 ; Festus, s. v. Sam- 
 huca ; Athenaeus, de Much, ap. Math. Vet. p. 7.) 
 When an inlandcity was beleaguered, the Sambuca 
 was mounted upon wheels. (Bito, a/j. Math. Vet. 
 p. 110, 111 ; Veget. iv. 21.) [J. Y.] 
 
 SAMNI'TES. [Gladiatores, p. 45G.] 
 SANDA'LIUM (craviaXiov or ua.vaaKov,) a 
 kind of shoe worn only by women. In the Homeric 
 age however it was not confined to either sex, and 
 consisted of a wooden sole fastened to the foot 
 with thongs. (Horn. hymn, in Merc. 79. 83. 139.) 
 In later times the sandalium must be distinguished 
 from the UTrdSTjfta, which was a simple sole bound 
 under the foot (Pollux, viii. 84, with Kuhn's 
 emendation), whereas the sandalium, also called 
 fiAavrta or PKavTri, was a sole with a piece of 
 
 leather covering the toes, so that it fonned the 
 transition from the viroSrjfia to real shoes. The 
 piece of leather over the toes was called ^uyos or 
 fuydv. (Arist'opli. Li;sis/r. 390, with tlie Scliol. ; 
 Hesych. s. r. Zvyos; Pollux, vii. o! ; I'lint. /^i.i, ]i. 
 54. ed. Dobr.) The aavZaXia a^vya in Strabo 
 (vi. 1. p. 13. Tauchn.) are however not sandalia 
 without the ^0701', but, as Becker {Charildes, ii. p. 
 3G7, &c.) justly remarks, sandalia which did not 
 belong to oiie :\iii)tliL'r, or did not form a pair, and 
 one of which was larger or higher than the other. 
 The ^uy(iu was frequently adorned with costly em- 
 broidery and gold (Cephisodor. ap. Pull. vii. 87 ; 
 Clem. Alex. Paedag. ii. 11), and appears to have 
 been one of the most luxurious articles of female 
 dress. (Aelian, I'. II. i. 1 8.) This small cover of 
 the toes however was not sufiicient to fasten the 
 sandalium to the foot, wherefore thongs hkewise 
 beautifidly adorned were attached to it. (Pollux, 
 vii. 92.) Although sandalia, as we have stated, 
 were in Greece and subsequently at Rome also 
 worn by women only, yet there are traces that at 
 least in the East they were also worn by men. 
 (Herod, ii. 91 ; St. Mark, vi. 9.) 
 
 The Roman ladies, to whom this ornament of 
 the foot was introduced from Greece, wore sandalia 
 which appear to have been no less beautiful and 
 costly than those worn by the Greeks and the 
 oriental nations. (Tarpibus, ap Non. v. 24 ; Terent. 
 Eunuch. V. 7. 4.) [L. S.] 
 
 SAND API LA. [FuNus, p. 439.] 
 SARCO'PHAGUS. [Funu.s, p. 440.] 
 SA'RCULUM, a sarriendo, Varro, de L. Lai. 
 V. 31 {(rKa\LS, (TKaKia'T-^pioi'), a hoe, chiefly used in 
 weeding gardens, cornfields, and vineyards. (Hor. 
 Carm. i. 1. 11 ; Ovid, Met. xi. 36 ; Fast. i. 699 ; 
 iv. 930 ; Plant. True. ii. 2. 21 ; Cato de Re Past. 
 10 ; Columella, x. 21 ; Pallad. i. 43.) It was also 
 sometimes used to cover the seed when sown (Co- 
 lumella, ii. 11), and in mountainous countries it 
 served instead of a plough. (PHn. xviii. 19. s. 49.) 
 Directions for using it to clear the surface of the 
 ground ( (TKaA.Xeii', Ilerod. ii. 1 4 ; aKaXeieiv, Schol. 
 in Tlieocnt. x. 14) are given by Palladius {de Re 
 Rust. ii. 9). [J. Y.] 
 
 SARISSA. [Hast.4, p. 468.] 
 SAHRA'CUM, a kind of common cart or wag- 
 gon, which was used by the country-people of 
 Italy for conveying the produce of their fields, 
 trees, and the like from one place to another. (Vi- 
 truv. X. 1 ; Juv. iii. 254.) Its name as well as 
 the fact that it was used by several barbarous na- 
 tions, show that it was introduced from them into 
 Italy. (Sidon. ISpist. iv. 18; Ammian.Marc.xxxi. 2.) 
 Tliat persons also sometimes rode in a sarracum, is 
 clear from a passage of Cicero quoted by Quinctilian 
 (viii. 3. 21), who even regards the word sarracum 
 as low and vulgar. Capitolinus [Anttm. Phitos. 13) 
 states, that during a plague the mortality at Rome 
 was so great, that it was found necessary to carry 
 the dead bodies out of the city upon the common 
 sarraca. Several of the barbarous nations with 
 which the Romans came in contact used these 
 waggons also in war, and placed them around their 
 camps as a fortification (Sisenna, ap Non. iii. 35), 
 and the Scythians used them in their wanderings, 
 and spent almost their whole lives upon them with 
 their wives and children, whence Ammianus com- 
 pares such a caravan of sarraca with all that was 
 conveyed upon them to a wandering city. The 
 Romans appear to have used the word sarracum 
 
840 
 
 SATURA. 
 
 SATURNALIA. 
 
 as synonymous with plaustrum, and Juvenal (v. 
 22) goes even so far as to apply it to the constella- 
 tion of stars which was generally called plaustrnm. 
 (Scheffer, de Re. Vehicul. ii. 31.) [L. S.] 
 
 SARTA'GO {rriyavov), was a sort of pan which 
 was used in the Roman kitchens for a variety of 
 purposes, such as roasting, melting fat or butter, 
 cooking, &c. (Plin. H.iV. xvi. 22; Juv. x. 63.) 
 Frequently also dishes consisting of a variety of 
 ingredients seem to have been prepared in such a 
 sartago, as Persius (i. 79) speaks of a surtago 
 loquendi, that is, of a mixture of proper and impro- 
 per expressions. Some commentators on this pas- 
 sage, and perhaps with more justice, understand the 
 sartago loquendi as a mode of speaking in which 
 hissing sounds are employed, similar to the noise 
 produced when meat is fried in a pan. [L. S.] 
 
 SATISDA'TIO. [Actio, p. 10.] 
 
 SA'TURA, or in the softened fom SATIRA, 
 is the name of a species of poetry, which we call 
 satire. In the history of Roman literature we 
 have to distinguish two different kinds of satires, 
 viz. the early satura, and the later satira which 
 received its perfect development from the poet C. 
 Lucilius (148 — 103 b. c). Both species of poetry, 
 liowever, are altogether peculiar to the Romans. 
 I'he literal meaning of satura, the root of which is 
 saU comes nearest to what the French call pot- 
 pourri, or to the Latin farnitfo, a mixture of all 
 sorts of things. The name was accordingly applied 
 by the Romans in many ways, but always to 
 things consisting of various parts or ingredients, 
 e. g. l(i?ijc satura, an offering consisting of various 
 fruits, such as were offered at harvest festivals and 
 to Ceres (Acron. «</ IJarui. Sat. i. 1 ; Diomed. iii. 
 p. 483. ed. Putsch ) ; /. ,i y<. r saturam lata, a law 
 which contained se\eral distinct regulations at 
 once. (Fest. s. i: Satura.) It would appear from 
 the etymology of the word, that the earliest Ro- 
 man satura, of which we otherwise scarcely know 
 anything, must have treated in one work on a va- 
 riety of subjects just as they occurred to the 
 writer, and perhaps, as was the case with the 
 satires of Varro, half in prose and half in verse, or 
 in verses of different metre. Another feature of 
 the earliest satura, as we learn from the celebrat- 
 ed passage in Livy (vii. 2), is that it was scenic, 
 that is, an improvisatory and irregular kind of 
 dramatic performance, of the same class as the 
 versus Fescennini. [Fe.scenmna.] When Livius 
 Andronicus introduced the regular drama at Rome, 
 the people, on account of their fondness for such 
 extempore jokes and railleries, still continued to 
 keep up their former amusements, and it is not 
 improbable that the exodia of later times were the 
 old saturae merely under another name. [E.xodia.] 
 Ennius and Pacuvius are mentioned as the first 
 writers of satires, but we are entirely unable to 
 judge whether their works were dramatic like the 
 satura of old, or whether they resembled the 
 satires of Lucilius and Horace. At any rate, how- 
 ever, neither Ennius nor Pacuvius can have made 
 any great improvement in this species of poetry, 
 as (juinctilian (x. 1. 93) does not mention either 
 of them, and describes C. Lucilius as the first great 
 writer of satires. It is Lucilius who is universally 
 regarded by the ancients as the inventor of the 
 new kind of satira, which resembled on the whole 
 tliat species of poetry which is in modem times 
 designated by the same name, and which was no 
 longer scenic or dramatic. The character of this 
 
 new satira was afterwards empiiatically called 
 elmrader Lucilianus. (Varro, dc Re Rust. iii. 2.) 
 These new satires were written in hexameters, 
 which metre was subsequently adopted by all the 
 other satirists, as Horace, Persius, and Juvenal, 
 who followed the path opened by Lucilius. Their 
 character was essentially ethical or practical, and 
 as the stage at Rome was not so free as at Athens, 
 the satires of the former had a similar object to 
 that of the ancient comedy at the latter. Tlie 
 poets in their satires attacked not only the follies 
 and vices of mankind in general, but also of such 
 living and distinguished individuals as had any 
 influence upon their contemporaries. Such a species 
 of poetry must necessarily be subject to great 
 modifications, arising partlj' from the character of 
 the time in which the poet lives, and partly from 
 the personal character and temperament of the 
 poet himself, and it is from these circumstances 
 that we have to explain the differences between 
 the satires of Lucilius, Horace, Persius, and 
 Juvenal. 
 
 After Lucilius had already by his own example 
 established the artistic principles of satires, Teren- 
 tius Varro in his youth wrote a kind of satires, 
 which were neither like the old satura nor like 
 the satira of Lucilius. They consisted of a mixture 
 of verse and prose, and of verses of different 
 metres, but were not scenic like the old saturae. 
 They were altogether of a peculiar character ; they 
 were therefore called satirae Varronianae, or Me- 
 nippeae or Cynicae, the latter because he was said 
 to have imitated the works of the Cynic philoso- 
 pher Menippus. (Gellius, ii. 18.) 
 
 (See Casaubon, de Satyrica Graccorum poesi et 
 Romanoruiii Satira, libri ii. Halae 1774, with 
 notes bv Rambach.) [L. S.J 
 
 SATURA LEX. [Lex, p. 559.] 
 SATURNA'LIA, the festival of Satumus, to 
 whom the inhabitants of Latium attributed the in- 
 troduction of agriculture and the arts of civilized 
 life. Falling towards the end of December, at the 
 season when the agricultural labours of the year 
 were fully completed, it was celebrated in ancient 
 times by the rustic population as a sort of joyous 
 harvest-home, and in every age was viewed by all 
 classes of the community as a period of absolute 
 relaxation and unrestrained merriment. During 
 its continuance no public business could be trans- 
 i acted, the law courts were closed, the schools kept 
 ' holiday, to commence a war was impious, to punish 
 I a malefactor involved pollution. (Macrob. Sat. i. 
 i 10. 16 ; Martial, i. 86 ; Suet. Aug. 32 ; Plin. £p. 
 I viii. 7.) Special indulgences were granted to the 
 slaves of each domestic establishment ; they were 
 relieved from all ordinary toils, were permitted to 
 wear the pilcus the badge of freedom, were granted 
 full freedom of speech, and partook of a banquet 
 attired in the clothes of their masters, and were 
 waited upon by them at table. (Macrob. Sat. i. 7 ; 
 Dion Cass. Lx. 19 ; Hor. Sat. ii. 7- 5 ; Martial, 
 xi. 6. xiv. 1 ; Athenaeus, xiv. 44.) 
 
 All ranks devoted themselves to feasting and 
 mirth, presents were interchanged among friends, 
 cerei or wax tapers being the common offering of 
 the more humble to their superiors, and crowds 
 thronged the streets, shouting lo Saturnalia (this 
 was termed clamare Saturnalia), while sacrifices 
 were offered with uncovered head, from a convic- 
 tion that no ill-omened sight would interrupt tlie 
 rites of such a happy day. (Catull. 14; Scncc. 
 
SATURNALIA. SCALAE. 841 
 
 Ep. 18 ; Suet. Amj. 75 ; Martial, v. 18, 19 ; vii. 
 53 ; xiv. 1 ; Pliu. Ep. iv. 9 ; Macrob. Sat. i. 8, 
 10 ; Serv. ad Virg. Aen. iii. -107.) 
 
 Many of the peculiar customs exhibited a re- 
 markable resemblance to the sports of our own 
 Christmas and of the Italian Carnival. Thus on 
 the Saturnalia public gambling was allowed by the 
 aediles (Martial, v 84; xiv. 1; xi. G), just as in 
 the days of our ancestors the most rigid were wont 
 to countenance card-playing on Christmas-eve ; 
 
 the whole population threw off the toga, wore is.\th\'cA-{secundisSatunialihus,adAtt.sy.?i'2; Satur- 
 loose gown, called syiiiliesis,?L\\A. walked about with i nalibus tertiis, ad Ait. v. 20) ; and it would seem 
 the pileus on their" heads (Martial, xiv. 141 ; vi. I that the merry-making lasted during seven days, 
 24 • xiv. I • xi. (j ; Senec. Ep. 18), which re- ■ for Novius, the writer of Atellanae, employed the 
 minds us of the dominos, the peaked caps, and i expression sepiem ISatanailia, a phrase copied in 
 other disguises worn by masques and mummers ; : later times by Memmius (Macrob. i. 10), and 
 the cerei were probably employed as the moccoli 1 even Martial speaks of ISaturiii septem dies (xiv. 
 now are on the last night of the Carnival ; and j 72), although in many other passages he alludes 
 lastly, one of the amusements in private society ' to the tive days observed in accordance witli the 
 
 (Dion Cass. lix. 6; Sueton. Cat. 17), an arrange- 
 ment which, after it had fallen into disuse for some 
 years, was restored and continued by Claudius. 
 (Dion. Cass. Ix. 2.) 
 
 But although, strictly speaking, one day only, 
 during the republic, was consecrated to religious 
 observances, the festivities were spread over a 
 much longer space. Thus while Livy speaks of 
 the first day of the Satumalia {Saturnalihus primis, 
 Liv. XXX. 3t)), Cicero mentions the second and 
 
 edicts of Caligula and Claudius (ii. 89; xiv. 79. 
 141). In reality, under the empire, three different 
 festivals were celebrated during the period of seven 
 days. First came the Saturnalia proper, com- 
 mencing on XVI. Kal. Dec, followed by the Opalia, 
 anciently coincident with the Saturnalia (Macrob. 
 i. 10), on XIV. KaL Jan. ; these two together 
 lasted for five days, and the sixth and seventh were 
 occupied with the Sii/itlaria, so called from little 
 earthenware figures {siyilla, oscUla) exposed for 
 sale at this season, and given as toys to children. 
 
 [W. R.] 
 
 SCALAE [K\iim^), a ladder. The general con- 
 struction and use of ladders was the same among 
 the ancients as in modem times, and therefore re- 
 quires no explanation, with the exception of those 
 used in besieging a fortified place and in making 
 an assault upon it. The ladders were erected 
 against the walls {adiiwccre, pimere, apponcrc, or 
 eriycre scalas), and the besiegers ascended them 
 under showers of darts and stones thrown upon 
 them by the besieged. (Sallust. Jiiy. 6. 64 ; Caes. 
 de Bell. Civ. i. 28. G3 ; Tacit. Ilisl. iv. 29, &c. ; 
 Veget. de Re Milit. iv. 21 ; Polyb. ix. 18.) Some 
 of these ladders were fonned like our common 
 ones ; others consisted of sever.d parts (/cA/fto/ces 
 TTTj/trai or hiaMnaX) which miglit be put together 
 so as to fonn one large la-lder, and were taken to 
 pieces wlien the}- were not used. Sometimes also 
 they were made of ropes or leather with large iron 
 hooks at the top, by which they were fastened to 
 the walls to be ascended. The ladders made 
 wholly of leather consisted of tubes sowed up air- 
 tight, and when they were wanted, these tubes 
 were filled with air. (Heron, c. 2.) Heron also 
 mentions a ladder which was constructed in such a 
 manner, that it might be erected with a man 
 standing on the top, whose object was to observe 
 what was going on in the besieged town. (Heron, 
 c. 12.) Others again were provided at the top 
 with a small bridge, which might be let down 
 upon the wall. (Heron, 19.) In ships small lad- 
 ders or steps were likewise used for the purpose of 
 ascending into or descending from them. (Virg. 
 Aen. X. (554; Heron, c. 11.) 
 
 In the houses of the Romans the name Scalae 
 was applied to the stairs or staircase, leading from 
 the lower to the upper parts of a house. The 
 steps were either of wood or stone, and, as in mo- 
 dern times, fixed on one side in tlie wall. (Vitruv. 
 
 was the election of a mock king (Tacit. Ann. xiii, 
 1 .") ; Arrian. Diss. Epictct. i. 2o ; Lucian. Saturn, i 
 4), which at once calls to recollection the charac- 
 tciistic ceremony of Twelfth-niglit. 
 
 Saturuus being an ancient national god of La- 
 tium, the institution of the Saturnalia is lost in the 
 most remote antiquity. In one legend it was as- 
 cribed to Janus, wlio, after the sudden disappear- 
 ance of his guest and benefactor from the abodes 
 of men, reared an altar to him, as a deity, in the 
 forum, and ordained annual sacrifices ; in another, 
 as related by Varro, it was attributed to the wan- 
 dering Pelasgi, upon their first settlement in Italy, 
 and Hercules, on his return from Spain, was said 
 to have reformed the worship, and abolished the 
 practice of immolating human victims ; while a 
 third tradition represented certain followers of the 
 last named hero, wliora he had left behind on his 
 return to Greece, as the authors of the Saturnalia. 
 (Macrob. Sat. i. 7.) Records approaching more 
 iiL-arly to history referred the erection of temples 
 and altars, and the first celebration of the festival, 
 to epochs comparatively recent, to the reign of 
 Tatius (Dionys. ii. 50), of TuUus HostUius (Dio- 
 nys. iii. 32 ; Macrob. Sat. i. 8), of Taniuinius 
 Superbus (Dionys. vi. I ; Macrob. I. c), to the 
 consulship of A. Senipronius and M. Minutius, 
 B. c. 497, or to that of T. Lartius in the preceding 
 year. (Dionys. vi. 1 ; Liv. ii. 21.) These conflict- 
 ing statements ma}^ be easily reconciled, by sup- 
 posing that the appointed ceremonies were in these 
 I rude ages neglected from time to time, or corrupted, 
 and again at different periods revived, purified, ex- 
 tended, and performed with fresh splendour and 
 greater regularity. (Compare Liv. xxiii. 1. sub. 
 fin.) 
 
 During the republic, although the whole month 
 of December was considered as dedicated to Sa- 
 turn (Macrob. i. 7), only one day, the xiv. Kal. 
 Jan. was set apart for the sacred rites of the divi- 
 nity : when the month was lengthened by the ad- 
 dition of two days upon the adoption of the Julian 
 Calendar, the Saturnalia fell on the xvi. Kid. Jan., 
 winch gave rise to confusion and mistakes among 
 the more ignorant portion of the people. To ob- 
 viate this inconvenience, and allay all religious 
 scruples, Augustus enacted that three whole days, 
 the 17th, 18th, and I9th of December, should in 
 all time coming be hallowed, thus embracing both 
 the old and new style. (Macrob. i. 10.) A fourth 
 
 day was added, we know not when or by whom, ix. I. § 7, &.c.) It appears that the staircases iu 
 and a fifth, with the title Jimnalis, by Caligula | Roman houses were as dark as those of old houses 
 
842 
 
 SCEPTRUM. 
 
 SKO'AOV. 
 
 in modem times, for it is very often mentioned, 
 that a person concealed himself in scalis or in scor 
 larum tcnchris (Cic. pro Mil. IS ; Philip, ii. 9; 
 Horat. Epint. ii. 2. 15), and passages like these 
 need not be interpreted, as some commentators 
 liave done, by the supposition that irt scalis is the 
 same as sub scalis. The Koman houses had two 
 kinds of staircases : the one were the common 
 scalae, which were open on one side ; the others 
 were called scalae Graecae or kKiimk^s, which were 
 closed on both sides. Massurius Sabinus (ap Ocll. 
 X. 15. § 29) states, that the Flaminica was not al- 
 lowed to ascend higher than three steps on a com- 
 mon scala, but that she might make use of a climax 
 like every other person, as here she was concealed 
 when going up. (Serv. ad Acn. iv. 664.) [L. S.] 
 SCALPTURA'TUM. [House (Roman), p. 
 449.] 
 
 SCAMNUM, dim. SCABELLUM, a step which 
 was placed before the beds of the ancients in order 
 to assist persons in getting into them, as some 
 were very high : others which were lower required 
 also lower steps, which were called scabella. (Varro, 
 de Liny. Lai. iv. p. 46 ; Isidor. xx. 11 ; Ovid, 
 Ars Am. ii. 211.) A scamnum was sometimes 
 also used as a foot-stool. (Ovid, Ar. Am. i. 162.) 
 A sainmum extended in length becomes a bench, 
 and in this sense the word is frequently used. 
 The early Romans, before couches were introduced 
 among them, used to sit upon benches {scamna) 
 before the hearth when they took their meals. 
 (Ovid, Fast. vi. 305.) The benches in ships were 
 also sometimes called scamna. In the technical 
 language of the agrimensores a scamnum was a 
 field which was broader than it was long, and one 
 that was longer than broad was called stnya. 
 (Varii Auctor. Rei Agr. p. 46. 125. 198. ed. Goes.) 
 In the language of the Roman peasantry a scam- 
 num was a large clod of earth which had not been 
 broken by the plough. (Colura. ii. 2.) [L. S.] 
 
 SCANTI'NIA LEX. [Lex, p. 565.] 
 
 SCAPHA, a skiff or boat, usually rowed by 
 two oars {hircmis scop/ia, Hor. Carm. iii. 29. 62), 
 which was frequently taken with merchant vessels 
 in case of shipwreck or other accidents. (Cic. dc 
 Inv. ii. 51.) 
 
 2KA*H<J>OPI'A. ['TAPIA*OPl'A.] 
 
 SCENA. [Theatrum.] 
 
 SCEPTRUM is a latinised form of the Greek 
 ffKrjnTpou, which originally denoted a simple stjiff 
 or walking-stick. (Horn. II. xviii. 416 ; Aeschyl. 
 Ayam. 74 ; Herod, i. 195.) [Baculus.] The cor- 
 responding Latin tenn is scij^io, springing from the 
 same root and having the same signification, but 
 of less frequent occurrence. 
 
 As the staff was used not merely to support the 
 steps of the aged and infirm, but as a weapon of 
 defence and assault, the privilege of habitually car- 
 rying it became emblematic of station and autho- 
 rity. The straight staves which are held by two 
 of the four sitting figures in the woodcut at p. 51, 
 while a third holds the curved staff, or LiTUUS, in- 
 dicate no less than their attitude and position, that 
 they are exercising judicial functions. In ancient 
 authors the sceptre is represented as belonging 
 more especially to kings, princes, and leaders of 
 tribes (Hom. ii. 186. 199. 265. 268. 279 ; xviii. 
 557; Od. ii. 37. 80 ; iii. 412) : but it is also borne 
 by judges (Horn. Oil. xi. 568), by heralds (//. iii. 
 218- vii. 277 ; xviii. 505), and by priests and 
 Teers. (Hom. //. i. 15 ; Oil. xi. 91 ; Aeschyl. Ayam. | 
 
 1236.) It was more especially characteristic of 
 Asiatic manners, so that among the Persians whole 
 classes of those who held high rank and were in- 
 vested with authority, including eunuchs, were 
 distinguished as the sceptre- bearing classes {o'l 
 a-Kvrrovxoi, Xen. Ci/r. vii. 3. § 17 ; viii. 1. § 38; 
 3. § 15). The sceptre descended from father to 
 son (Hom. //. ii. 46. 100—109), and might be 
 committed to any one in order to express the 
 transfer of authority. (Herod, vii. 52.) Those 
 who bore the sceptre swore by it (Hom. Tl. i. 234 
 — 239), solemnly taking it in the right hand and 
 raising it towards heaven. (Hom. JL vii. 412 ; x. 
 321. 328.) 
 
 The original wooden staff, in consequence of its 
 application to the uses now described, received a 
 variety of ornaments or emblems. It early became 
 a truncheon, pierced with golden or silver studs. 
 (II. i. 246 ; ii. 46.) It was enriched with gems 
 (Ovid, Met. iii. 264), and made of precious metals 
 or of ivorj'. (i. 178; Fast. vi. 38.) The annexed 
 woodcut, taken from one of Sir Wm. Hamilton's 
 fictile vases, and representing Aeneas followed by 
 Ascanius and carrj-ing off his father Anchises, who 
 holds the sceptre in his right hand, shows its form as 
 
 worn by kings. The ivory sceptre (cLurnois scipio, 
 Val. Max. iv. 4, § 5) of the kings of Rome, wliich 
 descended to the consuls, was smmounted by an 
 eagle. (Virg. Aen. xi. 238 ; Serv. ad loc; Juv. x. 
 43; Isid. Ori;/. xviii. 2.) [Insigne.] Jupiter 
 and Juno, as sovereigns of the gods, were repre- 
 sented with a sceptre. (Ovid, //. cc.) [J. Y.] 
 2KETO'*OP02. ['TOHPE'THS.] 
 SCIIOENUS (d, t}, o-xoifos), an Egyptian and 
 Persian measure, the length of which is stated by 
 Herodotus (ii. 6. 9) at 60 stadia, or 2 parasangs ; 
 by Eratosthenes at 40 stadia, and by others at 32. 
 (Plin. H.IV.xu. 30; v. 10.) Strabo and Pliny 
 both state that the schoenus varied in different 
 parts of Egypt and Persia. (Strabo, p. 803 ; Plin. 
 H. N. vi. 30 ; comp. Athenaeus iii. p. 122. A.) 
 The schoenus was used especially for measuring 
 land. (Herod, i. 66.) [P. S.] 
 
 SCHOLA. [Baths, p. 138.] 
 SKIA'AEION. [Umbraculum.] 
 2KIAAH*0PI'A. ['TAPIA<i>OPI'A.] 
 SCIOTIIE'RICUM. [HoROLOGiuM, p. 487.] 
 
 SCI'PIO. [ScEPTRUM.] 
 
 2KO'AOi|'. [Crux.] 
 
SCRIPTURA. 
 
 SCO'RPIO. [TORMENTUM.] 
 
 SCRIBAE. The Scribae at Rome were public 
 notaries or clerks, in the pay of the state. They 
 were chiefly employed in making up the public 
 accounts, copying out laws, and recording the pro- 
 ceedings of tlie different functionaries of the state. 
 The phrase " scriptum facere" (Liv. ix. 46 ; Gcl- 
 lius, vi. 9) was used to denote their occupa- 
 tion. Being very numerous, they were divided 
 into companies or classes (dccuriae), and were as- 
 signed by lot to different magistrates, whence they 
 were named Quacstorii, AediUcii, or Practorii, from 
 the officers of state to whom they were attached. 
 (Cic. c. Verr. ii. iii. 79 ; c. Cat. iv. 7 ; p>'o Cluent. 
 45; Plin.i/.A^.xxvi. 1. s. 3.) Wealsoreadof aNavar 
 lis Scriba, whose occupation was of a very inferior 
 order. (Festus, s. v. Navalis.) The appointment 
 to the office of a " scriba" seems to have been either 
 made on the nominatio of a magistrate, or pur- 
 chased. Thus Livy (xl. 29) tells us that a scriba 
 A\'as appointed by a quaestor : and we meet with 
 the phrase "decuriam emere," to "purchase a com- 
 pany," i. e. to buy a clerk's place. Horace, for in- 
 stance, bought for himself a "patent place as clerk 
 in the treasury" (scriptmn quaistorium comparavit, 
 Tate's Horace, ed. i. p. 58). In Cicero's time, in- 
 deed, it seems that any one might become a scriba or 
 public clerk, by purchase (Cic. ii. iii.e. Vc?-r. 79),and 
 consequently, as freedmen and their sons were eli- 
 gible, and constituted a great portion of the public 
 clerks at Rome (Tacit. A/ui. xiii. 27), the office 
 was not highly esteemed, though frequently held 
 by ingenui or freebom citizens. Cicero {1. c.) 
 liowever informs us that the Scribae formed a re- 
 spectable class of men, but he thinks it necessary 
 to assign a reason for calling them such, as if he 
 were conscious that he was combating a popular 
 prejudice. Very few instances are recorded of the 
 Scribae being raised to the higher dignities of the 
 state : Cn. Klavius, the scribe of Appius Claudius, 
 was raised to the office of curule aedile in gratitude 
 for his making public the various forms of actions, 
 which had previously been the exclusive property 
 of the patricians [Actio, p. 7.], but the returning 
 officer refused to acquiesce in liis election till he 
 had given up his books (tabulas posuit) and left 
 his profession. (UeUius, I. c.) The private secreta- 
 ries of individuals were called Libraru, and some- 
 times Scribae ab epistoUs. In ancient times, as 
 Festus (s. V.) informs us, scriba was used for a poet. 
 (Ernesti, Claris Ciccron, s. v. ; Gcittling, Gcsch. der 
 R6m. Staatsverf. p. 374.) [R. W— n.] 
 
 SCRIBO'iNIA LEX. [Lex, p. 565.J 
 
 SCRI'NIUM. [Capsa.] 
 
 SCRIPLUM. [ScRupuLUM.] 
 
 SCRIPTA DUO'DECIM. [Latrunculi.] 
 
 SCRIPTU'RA was that part of the revenue of 
 the Roman republic which was derived from letting 
 out those portions of the ager publicus which were 
 not or could not be taken into cultivation as pas- 
 ture land. (Varro, de Liitij. Lat. iv. p. 10. Bip.; 
 Fest. s. I'. SaUum.) The name for such parts of 
 the ager publicus was : pascua puUica, salt/is, or 
 silnu:. Tliey were let by the censors to the pub- 
 licani, like aU other vectigalia ; and the persons 
 who let their cattle graze on such public pastures, 
 had to pay a certain tax or duty to the publicani, 
 which of course varied according to the number 
 and qiuility of the cattle which they kept upon them. 
 To how much this duty amounted is nowhere stated, 
 but the revenue which the state derived from it 
 
 SCULPTURA. 
 
 843 
 
 appears to have been very considerable. The publi- 
 cani had to keep the lists of the persons who sent 
 their cattle upon the public pastures, togetlier with 
 the number and quality of the cattle. From this 
 registering (scribere) the duty itself was called 
 scrijiium, the public pasture land oyer scripUirarius 
 (Fest. s. V. Scripturarius ager), and the publicani 
 or their agents who raised the tax, scripturarii. 
 Cattle, not registered by the publicani, were called 
 peciidcs iiiscrijiiae, and those who sent such cattle 
 upon the pubKc pasture were punished according 
 to the lex censoria (Varro, de Re Rust. ii. 1 ), and 
 the cattle was taken by the publicani and forfeited. 
 (Plant. Trucul. i. 2. 42, &c.) The lex Thoria 
 (Appian, de Bell. Civ. i. 27 ; Cic. Brut. 3(j) did 
 away with the scriptura in Italy, where the public 
 pastures were very numerous and extensive, espe- 
 cially in Apulia (Varro, de Re Rust. I. c. ; Liv. 
 xxxix. 29), and the lands themselves were now 
 sold or distributed. In the provinces, where the 
 i public pastures were also let out in the same man- 
 ner (Cic. c. Verr. ii. ii. 3 ; pro ley. Man. 6 ; ail Fam, 
 xiii. G5 ; Plin. H. N. xix. 15), the practice con- 
 tinued until the time of the empire ; but afterwards 
 the scriptm'a is no longer mentioned. (Compare 
 Niebuhr, Hist, of Rome, iii. p. 15, &c. ; Burmann, 
 Vectiy. Pop. Rom. c. 4.) [L. S.] 
 
 SCRU'PULUM, or more properly Scripulum 
 or ScRiPLUM (ypdix/j-a), the smallest denomination 
 of weight among the Romans. It was the 24th 
 part of the Uncia, or the 28oth of the Libra, 
 and therefore = 18'06 grains English, which is 
 about the average weight of the scmpular aurei 
 still in existence. [Aurum.] 
 
 As a square measure it was the smallest division 
 of the Jugerum, which contained 288 scrupula. [ Ju- 
 GERUM.] Pliny (//. A^. ii. 7) uses the word to 
 denote small divisions of a degree. It seems in 
 fact to be applicable to any measure. 
 
 Though the scrupulum was the smallest weight 
 in common use, we find divisions of it sometimes 
 mentioned, as the oljolus = -J of a scruple, the scmi- 
 oholus = i of an obelus, and the siliqiia — -i of an 
 obelus, of a scruple, which is thus shown to 
 have been originally the weight of a certain num- 
 ber of seeds. (Rhem. Fann. de Pond. v. 8 — 13 : — 
 " Semioboli duplum est obelus, quem pondere 
 duplo 
 
 Gi-amma vocant, scriplum nostri dixere priores. 
 Semina sex alii siliquis latitantia curvis 
 Attribuunt scriplo, lentisve grana bis octo, 
 Aut totidem speltas niunerant, tristesve lupines 
 Bis duo.") [P..S.] 
 SCULPTU'RA {y>^v<pri) properiy means the 
 art of engraving figures upon metal, stone, wood, 
 and similar materials, but is sometimes improperly 
 applied by modern writers to the statuary art, 
 which is explained in a separate article. [Statu- 
 ary.] There are two different forms of the word 
 both in Greek and Latin, viz. sealpo, scalpiura, 
 and sculpo, sculptura (in Greek yAd<pw and y\v<pai). 
 The general opinion is, that both sculpo and 
 sculpo with their derivatives signify the same 
 thing, only different in degree of perfection, so 
 that scalptura would signify a coarse or rude, 
 sculptura an elaborate and perfect engraving. This 
 opinion is chiefly based upon the following pas- 
 sages : Herat, i^ai. ii. 3. 22 ; Ovid, Alct. x. 248 ; 
 Vitruv. iv. 6. (Compare the commentators on 
 Suet. Oallt. 10.) Others again believe thai sculpo 
 {yKd(pw) signifies to cut figures into the material 
 
844 
 
 SCULPTURA. 
 
 SCUTUM. 
 
 (intaglio), and scidpo (yAv(pa}) to produce raised 
 figures as in cameos. But it is very doubtful 
 whether the ancients themselves made or observed 
 such a distinction. 
 
 It may be expedient, however, in accordance 
 with this distinction to divide sculptura into two 
 departments : 1. the art of cutting figures into the 
 material (intaglios), which was chiefly applied to 
 producing seals and matrices for the mints ; and 
 2. the art of producing raised figures (cameos), 
 which served for the most part as ornaments. 
 
 The former of these two branches was much 
 more extensively practised among the ancients 
 than in modem times, which arose chiefly from 
 the general custom of every free man wearing a 
 seal-ring. [Rings ] The first engravings in metal 
 or stone, which served as seals, were simple and 
 rude signs without any meaning, sometimes merely 
 consisting of a round or square hole. (Meyer, 
 Kiaift(/:'schic/iie, i. 10.) In the second stage of tlie 
 art certain symbolical or conventional forms, as in 
 the worship of the gods, were introduced, until at 
 last, about the age of Phidias and Praxiteles, this 
 like the other branches of the fine arts had com- 
 ])leted its free and unrestrained career of develope- 
 iiicnt, and was carried to such a degree of perfec- 
 tion that in the beauty of design as well as of exe- 
 cution, the works of the ancients remain unrivalled 
 down to the present day. But few of the names 
 of the artists, who excelled in this art, have 
 come down to us. Some intaglios, as well as 
 cameos, have a name engraved upon them, but it 
 is in all cases more prol)able that such are the 
 names of the owners than of the artists. The first 
 artist who is mentioned as an engraver of stones is 
 Theodorus, the son of Telecles, the Samian, who 
 engraved the stone in the ring of Polycrates. 
 (Herod, iii. 41.) The most celebrated among 
 them was Pj-rgoteles, who engraved the seal-rings 
 for Alexander the Great. (Winckelmann, vi. p. 
 107, &c.) The art continued for a long time after 
 Pyrgoteles in a very high state of pci-fection, and 
 it appears to have been applied about this period 
 to ornamental works. For several of the successors 
 of Alexander and other wealthy persons adopted 
 the custom, which was and is still very prevalent 
 in the East, of adorning their gold and silver ves- 
 sels, craters, candelabras, and the like, with pre- 
 cious stones on which raised figures (cameos) were 
 worked. (Athen. xi. p. 781 ; Cic. c. Verr. il. iv. 27, 
 &c.) Among the same class of ornamental works 
 we may reckon such vessels and paterae as con- 
 sisted of one stone, upon which there was in many 
 cases a whole series of raised figures of the most ex- 
 quisite workmanship. (Appian, il/iYArit/. 115 ; Cic. 
 I.e.; Plin. //. A'^ xxxvii. 3.) Respecting the various 
 precious and other stones which the ancient artists 
 used in these works, see Miiller, ArchaeoL § 313. 
 
 As regards the technical part of the art of work- 
 ing in precious stones, we only know the following 
 particulars. The stone was first polished by the 
 politer, and received either a plane or convex sur- 
 face ; the latter was especially preferred, when the 
 stone was intended to serve as a seal. The sculp- 
 tor himself used iron or steel instruments moisten- 
 ed with oil, and sometimes also a diamond framed 
 in iron. These metal instruments were either 
 sharp and pointed, or round. (Plin. H. N. xxxvii. 
 76 ; Miiller, Airk. § 314. 2.) The stones which 
 were destined to be framed in rings, as well as 
 those which were to be inlaid in gold or silver 
 
 vessels, then passed from the hands of the sculptor 
 into those of the goldsmith (annularius, compositor). 
 
 Numerous specimens of intaglios and cameos 
 are still preserved in the various museums of Eu- 
 rope, and are described in numerous works. For 
 the literature of the subject, see Miiller, ArchaeoL 
 § 31,5, &c. [L. S.] 
 
 SKTPI'A AI'KH is thus explained by Pollux : 
 ^Kupiau S'lKrjv ovofM^ovffii' oi /ca)jUrf)5o5i5o(Tifa\oi 
 TTju Tpaxe^oiv o'l ydp (fivyoSiKovures effKrlnrovTo els 
 'ZKvpov T) its Arjfivov diroSr)pi.e7u. By rpaxeta Si'kt; 
 is meant one beset with difficidties, in which the 
 plaintiff had to encounter every sort of trickery 
 and evasion on the part of the defendant. On the 
 appointed day of trial both parties were required 
 to be present in court, and if either of them did 
 not appear, judgment was pronounced against him, 
 unless he had some good excuse to offer, such as 
 illness or inevitable absence abroad. Cause was 
 shown by some friend on his behalf, supported by 
 an affidant called vTvtvfioa'ia, in answer to which 
 the opponent was allowed to put in a counter-affi- 
 davit (dvBimwfioa'ia), and the court decided whe- 
 ther the excuse was valid. It seems to have be- 
 come a practice with persons who wished to put 
 off or shirk a trial, to pretend that they had gone 
 to some island in the Aegean sea, either on busi- 
 ness or on the public service ; and the isles of 
 Scyras (one of the Cyclades), Lemnos, and Imbrus 
 were particularly selected for that purpose. Sham- 
 mers of this kind were therefore nicknamed Lem- 
 nians and Imbrians. (Pollux, viii. (iO. 81 ; Kiihn. 
 arl Inc.; Suidas, s. v. ^Ktiplav SiKrjv. Hesj'ch. s. r. 
 "l^Spios ; Steph. Tliesaur. 8484. c. s. v. Xicvpos: 
 Demosth. c. Olympiod. 1174; Meier, Att. Proc. 
 696.) [C. R. K.] 
 
 SKreAI. [AHMO'SIOI.] 
 
 SCUTUM (ftupeo's), the Roman shield, worn 
 by the heavy-armed infantry, instead of being 
 round like the Greek Clipeus, was adapted to the 
 form of the human body, by being made either 
 oval or of the shape of a door (^vpa,) which it also 
 resembled in being made of wood or wicker-work, 
 and from which consequently its Greek name was 
 derived. Two of its forms are shown in the upper 
 woodcut at p. 576. That which is here exhibited 
 is also of frequent occurrence, and is given on the 
 same authority : in this case the shield is curved 
 
 so as in part to encircle the body. The teniii- 
 clipeus and scutum are often confounded ; but that 
 they properly denoted different kinds of shields i: 
 
SECURIS. 
 
 2EI2A'X0EIA. 
 
 845 
 
 ! nanifest from tlie passages of Livy and other au- ! 
 ' hors which are quoted in pp. 93. "24(3. In like ' 
 nanner Plutarch distinguishes the Roman AupeSs \ 
 from the Greek da-iris in his life of Titus Flaminius 1 
 I 'p. 688. ed. Steph.). In Ep/i. vi. 16. St. Paul uses 
 ■.he term Bvpeds rather than d(nr'is or ffOKoy, be- ' 
 •Mise he is describing the equipment of a Roman 
 ioldier. (See .'^r.ma, p. 85 ; Josephus as quoted in 
 ip. 711, art. HANOnAI'A; Floras, iii. 10.) These 
 fRoman shields arc called sciila longa. (Virg. Aen. 
 h\\\. 662 ; Ovid, Fiist. vi. 393 ; dupeous tTrinrJiccis, 
 I'joseph. Ant.Jml. viii. 7. §2.) Polybius (vi. 21 ) says 
 'their dimensions were 4 feet by 2^. The shield 
 iwas held on the left arm by means of a handle, 
 'and covered the left shoulder. [J. Y.] 
 
 SCY'TALE {(TKVTaKri) is the name applied to 
 'a secret mode of writing by which the Spartan 
 'ephors communicated with their kings and generals 
 ■when abroad. (Plut. Li/saiii/. 19 ; Schol. ail Thicq/d. 
 li. 131; Suidas, s. v.) When a king or genera! 
 ■left Sparta, the ephors gave to him a staff of a defi- 
 nite length and thickness, and retained for them- 
 I selves another of precisely the same size. When 
 'they had any communications to make to him, 
 ;J they cut the material upon which they intended to 
 write into tlie shape of a narrow riband, wound it 
 round their staff, and then wrote upon it the mes- 
 1 sage which they liad to send to him. When the 
 strip of writing material was taken from the staff, 
 I nothing but single letters appeared, and in this 
 I state the strip was sent to the general, who after 
 1 having wound it around his staff, was able to read 
 the communication. This rude and imperfect mode 
 
 ■ of sending a secret message must have come down 
 ' from early times, although no instance of it is re- 
 corded previous to the time of Pausanias. (Corn. 
 Nep. Paus. 3.) In later times the Spartans used 
 
 J the scj-tale sometimes also as a medium through 
 ; which they sent their commands to subject and 
 . allied towns. (Xenoph. Hell. v. 2. § 37.) [L. S.] 
 SE'CTIO. " Those are called Sectores who buy 
 property pzitfe." (Gaius, iv. 146; Festus, s. v. 
 
 , tores.) Property was said to be sold publico 
 (rciiire jjiiblice), when a man's property was sold 
 \iy the state in consequence of a condemnatio and 
 for the purpose of repayment to the State of such 
 
 ■ sums of money as the condemned person had im- 
 properly appropriated ; or in consequence of a pro- 
 scriptio. (Liv. xxxviii. 60 ; Cic. in Verr. ii. i. 20.) 
 Sucli a sale of all a man's property was a Sectio 
 
 ' {C'\c. pro S. Roscio Amer. 36, 4i5, &c.); and some- 
 times the things sold were called Sectio. (Tacit. 
 Hist. i. 90.) The sale was effected by the Praetor 
 giving to the Quaestors the Bonorum Possessio, in 
 reference to which the phrase "bona publice possi- 
 deri" is used. The property was sold sub hasta 
 and the sale transferred Quintarian ownership, to 
 I which Gaius probably alludes in a mutilated pas- 
 j sage (iii. 80 ; compare Varro, de Re Rust. ii. 10. 
 
 s. 4 ; Tacit. Hist. i. 20). The Sector was intitled 
 I to the Interdictum Sectorium for the purpose of 
 I obtaining possession of the property (Gaius, iv. 
 I 146) ; but he took the property with all its liabi- 
 lities. An hereditas that had fallen to the Fiscus 
 was sold in this way, and the Sector acquired the 
 hereditatis petitio. [G. L.] 
 
 SECTOR. [Sectio.] 
 
 SECTQ'RIUM INTERDICTUM. [Inter- 
 dictum, p. 522 ; Sectio.] 
 
 ^SECU'RIS, dim. SECURICULA {a^lv-q, ire- 
 KfKvs), an axe or hatchet. The axe was either 
 
 made with a single edge, or with a blade or liead 
 on each side of the haft, the latter kind being de- 
 nominated hipeniiis (vi\eKvs 5i<rT6iJ.os, or dfitpitrro- 
 f»os, Agathias, Hist. ii. 5. p. 73, 74). As the axe 
 was not only an instrument of constant use in tlie 
 hands of the carpenter and the husbandman, but 
 was moreover one of the earliest weapons of attack 
 (Hom. 11. XV. 711; Sueton. Galha, 18), a constitu- 
 ent portion of tlie Roman fasces, and a part of the 
 apparatus when animals were slain in sacrifice, we 
 find it continually recurring under a great variety 
 of forms upon coins, gems, and bas-reliefs. In the 
 woodcut to the article Sceptrum, the young As- 
 canius holds a battle-axe in his hand. Also real 
 axe-heads, both of stone and metal, are to be seen 
 in many collections of antiquities. Besides being 
 made of bronze and iron, and more rarely of silver 
 (Virg. Aen. v. 307 ; Wilkinson, iV/a«. awrf Cast, of 
 Eijlipt. i. p. 324), axe-heads have from the earliest 
 times and among all nations been made of stone. 
 They are often found in sepulchral tumuli, and are 
 arranged in our museums together with chisels, 
 both of stone and of bronze, under the name of 
 cdts [Dol.abra]. 
 
 The prevalent use of the axe on the field of 
 battle was generally characteristic of the Asiatic 
 nations (Curt. iii. 4), whose troops are therefore call- 
 ed securif/erae catervae. (Val. Flacc. Anion, v. 138.) 
 As usual, we find the Asiatic custom propagating 
 itself over the north of Europe. The bipeniiis and 
 the spear were the chief weapons of the Franks. 
 (Agathias, /. c.) 
 
 In preparing for a conflict the metallic axe was 
 shaqiened with a whetstone {suhiijunt in cole, secu- 
 res, Virg. Aen. vii. 627). [J. Y.] 
 SECUTO'RES. [Gladiatores, p. 456.] 
 2EI2A'X0EIA, a disburdening ordinance, was 
 the first and preliminary step in the legislation of 
 Solon. (Plut. Sol. 15 ; Diog. Laert. i. 45.) The 
 real nature of this measure was a subject of doubt 
 even among the ancients themselves, for while 
 some state that Solon thereby cancelled all debts, 
 others describe it as a mere reduction of the rate 
 of interest. But from the various accounts in 
 Plutarcli and the grammarians it seems to be clear 
 that the (xeiaaxSeia consisted of four distinct mea- 
 sures. The first of these was the reduction of the 
 rate of interest, and if this was, as it appears, re- 
 trospective, it would naturally in many cases wipe 
 off a considerable part of the debt. The second 
 part of the measure consisted in lowering the stand- 
 ard of the silver coinage, that is, Solon made 73 
 old drachmas to be worth 100 new ones; so that 
 the debtor, in paying off his debt, gained rather 
 more than one fourth. Bijckh (Slaatsh. i. p. 17) 
 supposes that it was Solon's intention to lower the 
 standard of the coinage only by one fourth, that is, 
 to make 75 old drachmas equal to 100 new ones, 
 but that the new coin proved to be lighter than he 
 had expected. The third part consisted in the 
 release of mortgaged lands from their incumbrances 
 and the restoration of them to their owners as full 
 property. How this was effected is not clear. 
 Lastly, Solon abolished the law which gave to the 
 creditor a right to the person of his insolvent 
 debtor, and he restored to their full liberty those 
 who had been enslaved for debt. 
 
 This great measure, when carried into effect, 
 gave general satisfaction, for it conferred the great- 
 est benefits upon the poor, without depriving the 
 rich of too much, and the Athenians expressed 
 
846 
 
 SELLA. 
 
 SELLA. 
 
 their thankfiilnpss by a public sacrifice, which they 
 called ffei(rdxO(ia, and by appointing Solon to legis- 
 late for them with unlimited power. (Plut.6'0/. IG; 
 compare Suidas, Hesych, p]tym. Mag. s. v.; Cic. 
 de lie Puhl. ii. 34 ; Wachsmuth, Hdten. Alt. i. i. 
 p. 249.) [L. S.] 
 
 SELLA. The general term for a seat or chair 
 of any description. The varieties most deserving 
 of notice are : — 
 
 L Sella Curijlis, the chair of state. Curulis 
 is derived by the ancient writers from ciirriis 
 (Aul. Gell. iii. 18 ; Festus, s. t\ C'lindcs ; Servius, 
 ud Virij.Aen. xi. 334 ; Isidor. xx. 11, 11) ; but it 
 more probably contains the same root as atria, 
 which is also found in Quirites, curixites, the Greek 
 Kiipios, Koipavos, &c. [CoMiTiA, p. 27'2.] The 
 sella curulis is said to have been used at Rome 
 from a very remote period as an emblem of kingly 
 power (hence curuli rcgia sella adorriavU, Liv. i. 20), 
 having been imported, along with various other in- 
 signia of royalty, from Etruria (Liv. i. 8), according 
 to one account by Tullus Hostilius (Macrob. Sat. 
 i. fi) ; according to another by the elder Tarquinius 
 (Flor. i. 5) ; while Silius names Vetulonii as the 
 city from which it was immediately derived (viii. 
 487)- Under the republic the right of sitting 
 upon this chair belonged to the consuls, praetors, 
 cunile aediles, and censors (Liv. ii. 54 ; vii. 1 ; ix. 
 4G ; X. 7 ; xl. 45 ; Aul. Gell. vi. 9, &c.) ; to the 
 Flamcn Dialis (Liv. i. 20 ; xxvii. 8) [Flamkn] ; 
 to the dictator, and to those whom he deputed to 
 act under himself, as the maj/ister cijuiium, since he 
 might be said to comprehend all magistracies with- 
 in himself. (Dion. Cass, xliii. 48 ; Liv. ii. 31. 
 Festus, s. V. Scllae curulis). After the downfal of 
 the constitution it was assigned to the emperors 
 also, or to their statues in their absence (Tacit. 
 Ann. XV. 29 ; Ilisl. ii. 59 ; Servius, c.) ; to the 
 Augustales (Tacit. Ann. ii. 83), and, perhaps, to the 
 prai'fectus urbi. (Spanheim, de Pruest. ct Usu Nu- 
 mism. X. 3, § 1.) It was displayed upon all great 
 public occasions, especially in the circus and theatre 
 (Liv. ii. 31 ; Suet. Ovtav. 43 ; Dion. Cass. Iviii. 
 4), sometimes, even after the death of the person 
 to whom it belonged, a mark of special honour, be- 
 stowed on Marcellus, Germanicus, and Pertinax 
 (Dion. Cass. liii. 30 ; Ixxiv. 4 ; Tacit. Ann. ii. 83 ; 
 and Comm. of Lips.; Spanheim, x. 2. § 1) ; and it 
 was the seat of the praetor when he administered 
 justice. (Cic. in Vcrr. u. ii. 38 ; Val. Max. iii. 5. § 1 ; 
 Tacit. Ann. i. 75 ; Martial, xi. 98. 18.) In the 
 provinces it was assumed by inferior magistrates, 
 when they exercised proconsxdar or propractorian 
 authority, as we infer from its appearing along with 
 fasces on a coin of the Gens Pupia, struck at Ni- 
 caea in Bitliynia, and bearing the name AVAOC 
 nOvniOC t'aMIAC. We find it occasionally ex- 
 hibited on the medals of foreign monarchs likewise, 
 on those of Ariobarzanes II. of Cappadocia, for 
 it was the practice of the Romans to present a 
 curule chair, an ivory sceptre, a toga praetexta, 
 and such like ornaments, as tokens of respect and 
 confidence to tliose rulers whose friendship they 
 desired to cultivate. (Liv. xxx. 11; xlii. 14; 
 Polyb. E.rc. Legg. cxxi ; Cic. ad Fam. xv. 2 ; 
 Spanheim, Ibid. x. 4.) 
 
 The sella cunilis appears from the first to have 
 been ornamented with ivory, and this is com- 
 monly indicated by such expressions as curule 
 eli/ir; Niimidue sculptile dentis opus ; and tKe(pav- 
 TiVos SL(j>pos (Hor. Ep. i. 6, 53 ; Ovid, ex Pant. iv. 
 
 9, 27) ; at a later period it was overlaid with gold 
 and consequently we find Sicppovs iirixpiicrovs 
 S-pofovs Karaxpvcrovs, rov Si<ppov rov /c6xpiictO|Ue 
 J'Of, recurring constantly in Dion Cassius, who fre 
 quently, however, employs the simple form Si<t>po 
 dpxtKol. In shape it long remained extremelj 
 plain, closely resembling a common folding {plica- 
 tills) camp stool with crooked legs. These lasi 
 gave rise to the name dyKvKSwovs S'appos, found in 
 Plutarch (Marius, 5) ; they strongly remind us o) 
 elephant's teeth, which they may have been in- 
 tended to imitate, and the emperor Aurelian pro- 
 posed to construct one in which each foot was to 
 consist of an enormous tusk entire. (Vopiscus, 
 Firm. 3.) 
 
 The form of the sella curalis, as it is commonly 
 represented upon the denarii of the Roman fa- 
 milies, is given in p. 409. In the following cut are 
 represented two pair of bronze legs, belonging to a 
 sella curulis, preserved in the museum at Naples 
 (^Miiseo Bortimiicu, vol. vi. tav. 28) ; and a sella 
 curidis, copied from the Vatican collection. 
 
 II. BiSELLiuM. The word is found in no clas- 
 sical author except Varro {L. L. v. 128. ed. MViller), 
 according to whom it means a seat large enough to 
 contain two persons. We leam from various in- 
 scriptions that the right of using a seat of this 
 kind, upon public occasions, was granted as a mark 
 of honour to distinguished persons by the magis- 
 trates and people in provincial towns. There are 
 
SELLA. 
 
 SEMEIOTICA. 
 
 847 
 
 examples of this in an iiiscriptinn found at Pisa, 
 vliich called forth thr long, learned, rambling dis- 
 lertation of Cliiinentelli(Oraev. T/ics. A7i/uj'/. Jiomm. 
 ro\. vii. p. 2030), and in two others found at Poni- 
 )eii. (Orell. Iiisci: n. 4048. 4044.) In another 
 nscription we have Biselliatus Honor (UrcU. 
 1043) ; in another (Orell. 40.5.5), containing the 
 •oil of an incorporation of cai'pentors, one of the 
 office-bearers is styled CoI-Leg. I Bi.sellbarius. 
 Compare OreU. 4046, 4047.) 
 
 Two bronze bisellia were discovered at Pompeii, 
 and thus all uncertainty with regard to the fonn of 
 lie seat has been removed. One of these is en- 
 ■nivrd above. {Mus. Borhon. vol. ii. tav. 3L) 
 
 111. Sella Gestatoria (Suet. Ncr. 26 ; 
 Vilclt. 1() ; Ammian. xxi.x. 2) or Fertoria (Cae- 
 ius Aureian. i. 5 ; ii. 1), a sedan used both in 
 own and countrj' (Tacit. Ann. xiv. 4 ; Suet. Claud. 
 .',)), by men (Tacit. Hist. i. 35 ; iii. 85 ; Juven. 
 ii. 141 ; Martial, ix. 23), as well as by women. 
 Tacit. Ann. xiv. 4 ; Juv. i. 124 ; vi. 532; hence 
 Diilicbris sella. Suet. Otitn, (J.) It is expressly dis- 
 inguished from the Lectic^ (Suet. Claud. 25 ; 
 Partial, x. 10 ; xi. 98 ; Senec. brev. vii. 12), a 
 Hji table bed or sofa, in which the person carried 
 ay in a recumbent position, while the sella was a 
 iiirtable chair in which the occupant sat npright, 
 jut they are sometimes confounded, as by Martial 
 iv. 51). It differed from the cathedra also, but in 
 vliat the difference consisted it is not easy to de- 
 criiiine. [Cathedra.] The sella was sometimes 
 iitirely open, as we infer from the account given 
 ly Tacitus of the death of Galba {Hist. i. 35, &c.), 
 lilt more frequently shut in. (Juven. i. 126 ; Suet. 
 W/ . 26; Vitcll.lC) \ Oth>,G.) Dion Cassius (Ix. 
 ' ) ]ii I'tends that Claudius first employed the 
 ivrii'd sella, but in this he is contradicted by 
 Mh tiinius {Odav. 53), and by himself (xlvii. 23 ; 
 \ i. I'.i). It appears, however, not to have been 
 iiti nduced until long after the lectica was common, 
 iiici- we scarcely, if ever, find any allusion to it 
 mil the period of the empire. The sellae were 
 I hi ■ sometimes of plain leather, and sometimes 
 n lamented with bone, ivory, silver (Lamprid. 
 '.'' /((/;. 4), or gold (Claud. Honor. Cons. iv. 583), 
 ling to the rank or fortune of the proprietor. 
 . were furnished with a pillow to support the 
 111 and neck {cervkul, Juv. vi. 532, and SchoL), 
 ilii 11 made roomy the epithet liLxa was applied 
 ~- : c. tie Const. 14), when smaller than usual 
 were termed sellidue ( I'acit. Hist. iii. 85) ; 
 notion was so easy that one might study with- 
 ;;convenience (Plin. Ep. iii. 5), while at the 
 time it afforded healthful exercise. (Senec. 
 , . r. i-it. 12 ; Galen, de Tu/iud. Val. vi.4 ; Caelius 
 Vun lian. /. c.) 
 
 1\'. Sellae of different kinds are mentioned 
 KiiU'Utally in ancient writers, accompanied by 
 iiitliets which serve to point out generally the 
 lurposes for which they were intended. Thus we 
 ead of sellae halneares, sellae tojisoiiae, sellae ob- 
 tetriciae, sellae familiaricue v. pertiisae, and many 
 'thers. Both Varro (i. L. v. 128) and Festus 
 s. V.) have preserved the word seliqiiastruui. 'The 
 ormor classes it along with serfes, scdile, solium, 
 •jllae, the latter calls them '■^ sedilia anliqui (je.ne- 
 and Arnobius includes them among common 
 rticles of furniture. No hint, however, is given 
 (y any of these a\ithorities which could lead us to 
 onjecture the sha])e, nor is any additional light 
 hrown upon the question by Hyginus, who tells 
 
 us, when describing the constellations, that Cassio- 
 [)eia is seated " in siliqmistro.'''' 
 
 Of chairs in ordinary use for domestic purposes, 
 a great variety, many displaying great fciste, have 
 been discovered in excavations or are seen repre- 
 sented in ancient frescoes. The first cut annexed 
 represents a bronze one from the Museum at 
 
 Naples {Mus. Borh. vol. vi. tav. 28) : the second, 
 two chairs, of which the one on the right hand is 
 in the Vatican and the other is taken from a paint- 
 ing at Pompeii. {Mus. Borh. vol. xii. tav. 3.) A 
 chair of a very beautiful fonn is given in the Mus. 
 Dorb. vol. viii. tav. 20. 
 
 V. Sellae Equestres. [Ephippium.] 
 
 [W. R.] 
 
 SH'MATA. [FuNUS, p. 436.] 
 
 SEMEIO'TICA, (to ^Z■n^leL<JlTlKov,) one of the 
 five parts into which, according to some authors, 
 the ancients divided the whole science of medicine. 
 [Mbdicina.] The more ancient name for this 
 branch of medicine was Diapnostica (to Siayvojcm- 
 Kov), but in Galen's time the more common name 
 appears to have been Semeiotica. Its particular 
 province was the studying the spnptoms of dis- 
 eases, so as to be able to form a correct judgment 
 as to their precise nature, and also to foretell with 
 tolerable accuracy their probable tennination. It 
 was divided into three parts, comprehending I. the 
 knowledge of the past accidents and history of the 
 disease, II. the inspection and studj- of the pa- 
 tient's actual condition, and III. the prognosis of 
 the event of his illness. As perhaps this branch of 
 medicine depends less on the state of science, and 
 more on observation and natural acuteness than 
 any other, this is the part in which the ancients 
 laboured under the fewest disadvantages, and ap- 
 proached most nearly to ourselves. They seem 
 also to have paid particular attention to the study 
 of it, and their writings on this subject are still 
 well worth consulting. Its necessity is insisted on 
 by Galen and Alexander Trallianus ; and the au- 
 thor of the treatise De Arte, in the Hippocratic 
 collection seems to think the knowing the nature 
 of a disease ahnost the same as curing it. There 
 arc so many anecdotes of tlie skill and acuteness of 
 
848 
 
 SEMEIOTICA. 
 
 SEMPRONIAE LEGES. 
 
 the ancients in diagnosis and prognosis, that it is 
 difficult to select the most striking. That of Era- 
 sistratus is well known, who discovered that the 
 secret disease of which Antiochus, the son of Se- 
 leucus Nicator, was dying, was in fact nothing but 
 his love for his step-mother Stratonice. (Appian. 
 de Rah. Stir. 59, &c. ; Plutarch. Dcmeli: c. 38. 
 p. 907 ; Suidas, r. 'Epatr. ; Valer. Max. v. 1.) 
 Many instances are recorded of Galen's extraordi- 
 nary penetration, in so much that he ventured to 
 say that, by the assistance of the Deity, he had 
 never been wrong in his prognosis. {Comment, 
 in Hifypocr. lib. i. " De Morh. Vuli/ar.''^ § 2. '20. 
 torn, xviii. p. i. p. 383.) Asclepiades is said to 
 have gained a great reputation by discovering that 
 a man who was supposed to be dead, and was on 
 the point of being buried, was in fact alive (Plin. 
 H. N. vii. 37; xxvi. 8 ; Cels. de Med. ii. 6; 
 
 land, on which they had frequently made improve- 
 ments, tliat the former possessors should have the 
 full ownersliip of 500 jugcra, and each of their 
 sons, if they had any, half that quantity (Appian, 
 i. 9. 11): finally, that three connnissioners (trium- 
 viri) should be appointed every year to carry the 
 law into effect. (Appian, i. 9 ; Liv. I. c. ; Veil. 
 Pat. ii. 2 ; Aurel. \'ict. de vir. ill. 64.) This 
 law naturally met with the greatest opposition, 
 but was eventually passed in the 3-ear in which it 
 was proposed, and Tib. Gracchus, C. Gracchus, and 
 Appius Claudius were the three commissioners ap- 
 pointed under it. It was however never carried 
 fullj- into effect in consequence of the murder of 
 Tib. Gracchus. The other measures contemplated 
 by Tib. Gracchus (Liv. /. c.) do not require to be 
 mentioned here, as they were never brought for- 
 ward. (Compare Plut. Tih. Gnwc/ius, 8 — 14.) In 
 
 Apuleius, Florid, iv. p. 362), and several similar ' consequence of the difficulties which were experi- 
 
 instanccs are upon record. It must not, however, 
 be supposed that the natural acuteness of the an- 
 cients enabled them in this branch of medicine to 
 overcome the force of vulgar prejudices, which so 
 distinctly appear in other parts of their writings ; 
 on the contrary, on some subjects (as, for example, 
 every thing connected with generation, ) their pro- 
 gnosis was formed on the most ridiculous and super- 
 stitious grounds. 
 
 In the Ilippocratic collection the following 
 works are found on this subject, of which, how- 
 ever, only the first is considered as undoubtedly 
 genuine. (See Choulant, Handb. der Biiclierhaide 
 fiir die Aeltere Medirin, Lerpzig, 8vo. 1841.) 1. 
 npoyvuxTTiKov, Pnienotirmes ; 2. KiuaKol Tlpoyvu- 
 0-611, Praeuotiones Coacae, supposed to be more 
 ancient than Hippocrates; 3. npopprjTiKof, Prae- 
 dictinnes, in two books, of which the former is pro- 
 bably anterior to Hippocrates, the second cannot 
 be older than Aristotle and Praxagoras (see Littre's 
 Hippocr. Introduction) ; 4. ITepl Xi/juwv, De Hu- 
 morihus ; 5. Ilcp! Kpiaiwv, De J udicalionihus ; 6. 
 ITepl Kpuri'/taic, De Dietms Judicatoriis. Aretaeus 
 has left four valuable books Ilfp! 'hiTiwv ko! 2t)- 
 ixeitav '0|ea)c koX Xpoi'i'toi' TlaSav, De Causis ei Sig- 
 nis Acutorum et Diutnrimrum Morliorum. Galen's 
 
 enced in carrying his brother's agrarian law into 
 effect, it was again brought forward bv C. Grac- 
 chus, B. c. 123. (Liv. Epil. 60 ; Veil. Pat. ii. 6 ; 
 Plut. C. Gracc/iiis, 5 ; Florus, iii. 15.) 
 
 De Capite Civium Romanorum, proposed by 
 C. Gracchus b. c. 123, enacted that the people only 
 should decide respecting the caput or civil condi- 
 tion of a citizen (ne de capite civium Romatiorum 
 i?iju.'>s!i vestro Jiidicaretu?; Cic. pro Rahir. 4 ; in 
 Cati/.W. 5 ; in Verr. II. v. 63 ; Plut. C.Gracchus, 
 4). This law continued in force till the latest 
 times of the republic. 
 
 Frumentari.a, proposed by C. Gracchus b. c. 
 123, enacted that corn should be sold b}' the state 
 to the people once a month at jths of an as for 
 each modius {ut nemisse et trienie frumentum plebi 
 dareiur, Liv. JSpit. 60) : Livy says semissis 
 trie?ui, that is 6 oz. and 4 oz. = 10 oz., because 
 there was no coin to represent the dextans. [As, p. 
 102.] Respecting this law, see also Appian, BeU. 
 Civ. i. 21 ; Plut. a Gracchus, 5 ; Veil. Pat. ii. 6 ; 
 Cic. Tttsc. iii. 20 ; pro Seed. 48 ; Schol. Bob. pro 
 Scit p. 300. 303. ed. Orelli. 
 
 JuDiciARiA. [Judex, p. 532.] 
 Militari.s, proposed by C. Gracchus b. c. 1 23, 
 enacted that the soldiers should receive their cloth- 
 
 six books, rifpl Twv rLiirovBoTwv Toiraiv, De Locis i ing gratis, and that no one should be enrolled as a 
 AJTectis, are not unfrequently quoted by the title I soldier under the age of seventeen. (Plut. C. Grac- 
 
 of AwryvuxTTiKr^, Diagnostica (see note on Theophr. 
 Protospath. de Corp. Hum. Fabr. p. 186. ed. 
 Oxon.), and treat chiefly of this subject. (See Ga- 
 len, ibid, in init. tom. viii. p. 1.) We liave also 
 various other works by Galen on the same subject. 
 Stephanus Atheniensis has written a Commentary 
 
 chus, 5.) Previously a fixed sum was deducted 
 from the pav for all clothes and arms issued to the 
 soldiers. (Polyb. vi. 39. § 15.) 
 
 Ne qui.s Judicio circumveniretur, proposed 
 by C. Gracchus B. c. 123, punished all who con- 
 spired to obtain the condemnation of a person in a 
 
 on the Praenotiones of Hippocrates ; and these (as judicium publicum. One of the provisions of the 
 
 far as the writer is aware) are all the works of the 
 
 ancients that remain upon this subject. [\V. A. G.] 
 SEMENTIVAE FERIAE. [Feria, p. 415.] 
 SEMIS, SEMISSIS. [As, p. 102.] 
 SEMPRO'NIAE LEGES, the name of various 
 
 laws proposed by Tiberius and Caius Sempronius 
 
 Gracchus. 
 
 Agraria. In B. c. 133 the tribune Tib. Grac- 
 chus revived the Agrarian law of Licinius [Rog.a- 
 TIONES Liciniae] ; he proposed that no one should 
 possess more than 500 jugera of the public land 
 (ne quis ei publico agro plus quam ipiingenta juyera 
 possideret, Liv. Epit. 58), and that the surplus 
 land should be divided among the poor citizens, 
 who were not to have the power of alienating it 
 (Appian, Bell. Civ. i. 10. 27) : he also proposed 
 as a compensation to the possessors deprived of the 
 
 Lex Cornelia de Sicariis was to the same effect. 
 (Cic. pro Clueiit. 55, 56.) [Cornelia Lex, p. 
 286.] 
 
 De Provinciis Consularibus, proposed by C. 
 Gracchus b. c. 123, enacted that the senate should 
 fix each year, before the coraitia for electing the 
 consuls were held, the two provinces which were 
 to be allotted to the two new consuls. (Sallust, 
 Jug. 27 ; Cic. de Prov. Cons. 2 ; pro Domo, 9.) 
 
 There was also a Sempronian law concerning 
 the province of Asia, whicn probably did not form 
 part of the Lex de Provinciis Consularibus, which 
 enacted that the taxes of this province should be 
 let out to farm by the censors at Rome. (Cic. in 
 Verr. II. iii. 6; ad Att. i. 17.) This law was 
 afterwards repealed by J. Caesar. (Dion Cass. xlii. 
 6 ; Appian, Bell. Civ. v. 4.) 
 
SENATUS. 
 
 SENATUS. 
 
 849 
 
 SEMU'NCIA. [Uncia.] 
 SEMUNCIA'RIUM FUNUS. [Interest of 
 MoN-EY, p. 526.] 
 
 yENA'TUS. In all the republics of antiquity 
 tho government was divided between a senate and 
 a popular assembly ; and in cases where a king 
 stood at the head of affairs, as at Sparta and in 
 early Rome, the king had little more than the exe- 
 'cutive. A senate in the early times was always 
 regarded as an assembly of elders, which is in fact 
 the meaning of the Roman senatus as of the Spar- 
 tan -/Bf>ov(j'ia, and its members were elected from 
 among the nobles of the nation. The number of 
 senators in the ancient republics always bore a dis- 
 tinct relation to the number of tribes of which the 
 nation was composed. [BOTAH' ; TEPOTSI'A, p. 
 4.5'_!.] Hence in the earliest times, when Rome 
 ( 'insisted of only one tribe, its senate consisted of 
 "lir hundred members {scmalores or nulres; compare 
 I'atricii), and when the Sabine tribe or the Titles 
 f became united with the Latin tribe or the Ramnes, 
 I the number of senators was increased to two hun- 
 dred. (Dionys. ii. 47 ; Plut. /Jom. 20.) This num- 
 ! her was again augmented by one hundred, when 
 f the third tribe or the Luceres became incorporated 
 [ with the Roman state. Dionysins (iii. G7) and 
 [' Livy (i. 35) place this last event in the reign of 
 f Tarquinius Priscus ; Cicero (de Re Puhl. ii. 20), 
 ■ who agrees -ivith the two historians on this point, 
 states that Tarquinius doubled the number of se- 
 nators, according to which we are obliged to sup- 
 |N)v,r that before Tarquinius the senate consisted 
 (inly of 150 members. This difference however 
 may be accounted for by the supposition, that at 
 ' the time of Tarquinius Priscus a number of seats 
 :' in the senate had become vacant, which he filled 
 [up at the same time that he added 100 Luceres to 
 \ the senate, or else that Cicero regarded the Luceres, 
 f in opposition to the two other tribes, as a second 
 i or a new half of the nation, and thus incorrectly 
 i considered their senators likewise as the second or 
 new half of that body. The new senators added 
 by Tarquinius Priscus were distinguished from 
 ! those belonging to the two older tribes by the ap- 
 ' pellation patres minoruvi gentium, as previously 
 • those who represented the Titles had been distin- 
 guished, by the same name, from those who repre- 
 sented the Ramnes. (Dionys. ii. 57.) Scrvius 
 Tullius did not make any change in the composi- 
 tion of the senate ; but under Tarquinius Superbus 
 the immber of senators is said to have become 
 very much diminished, as this tyrant put many to 
 death and sent others into exile. This account 
 however appears to be greatly exaggerated, and it 
 is a probable supposition of Niebuhr {Hist, of 
 Rome, i. p. 526), that several vacancies in the se- 
 nate arose from many of the senators accompanying 
 the tyrant into his exile. The vacancies which 
 had thus arisen were filled up immediately after 
 the establishment of the republic, by L. Junius 
 Brutus, as some writers state (Liv. ii. 1), or accord- 
 ing to Dionysins (v. 13), by Bnitus and Valerius 
 Publicola, and according to Plutarch {Puhl. 1 1 ) 
 and Festus (s. v. Qui patres) by Valerius Publicola 
 alone. All however agree that the persons who 
 were on this occasion made senators were noble 
 plebeians of equestrian rank. Dionysins states, 
 that the noblest of the plebeians were first raised 
 to the rank of patricians, and that then the new 
 senators were taken from among them. But this 
 appears to be incompatible with the name by 
 
 which they were designated. Had they been 
 made patricians, they would have been patres like 
 the others, whereas now the new senators are said 
 to have been distinguished from the old ones by 
 the name of coitscripti. (Liv. ii. 1 ; Fest. s. r. Con- 
 scripti and adlecii.) Hence the customary mode of 
 addressing the whole senate henceforth always 
 was : patres conseripti, that is, palrcs et cotiscripti. 
 There is a statement that the number of these new 
 senators was 164 (Plut. PiM. 11 ; Fest. s. v. Qui 
 patres) ; but this, as Niebuhr has justly remarked, 
 is a fabrication, perhaps of Valerius of Antium, 
 which is contradicted by all subsequent history. 
 
 Henceforth the number of 300 senators appears 
 to have remained unaltered for several centuries. 
 (Liv. Epit. 60.) C. Sempronius Gracchus was 
 the first who attempted to make a change, but in 
 what this consisted is not certain. In the epitome 
 of Livy it is expressly stated, that he intended to 
 add 600 equitcs to the number of 300 senators, 
 which would have made a senate of 900 members, 
 and would have given a great preponderance to the 
 equites. This appears to be an absurdity. (Giittling, 
 Gesch. d. Rom. Staatsv. p. 437.) Plutarch (C. 
 Graccli. 5, &c.) states, that Gracchus added to the 
 senate 300 equites, whom he was allowed to select 
 from the whole body of equites, and that he trans- 
 ferred the judicia to this new senate of 600. This 
 account seems to be founded upon a confusion of 
 the lex judiciaria of C. Gracchus with the later 
 one of Livius Drusus (Walter, Gesch. d. Rum, 
 Reckts, p. 244), and all the other writers who men- 
 tion the lex judiciaiia of C. Gracchus do not allude 
 to any change or increase in the number of sena- 
 tors, but merely state that he transferred the judi- 
 cia from the senate to the equites, who remained in 
 their possession till the tribuneship of Livius Dru- 
 sus. The latter proposed, that as the senate con- 
 sisted of 300, an equal number of equites shoidd 
 be elected (dpio-TiVSijc) into the senate, and that in 
 future the judices should be taken from this senate 
 of 600. (Appian. Civil, i. 35 ; Aurel. Vict, de vir. 
 illustr. 66 ; Liv. Epit. 71.) After the death of 
 Livius Drusus, however, this law was abolished by 
 the senate itself, on whose behalf it had been pro- 
 posed, and the senate now again consisted of 300 
 members. During the civil war between Marius 
 and Sulla many vacancies must have occurred in 
 the senate. Sulla in his dictatorship not only filled 
 up these vacancies, but increased the number of 
 senators. All we know of this increase with cer- 
 tainty is, that he caused about 300 of the most 
 distinguished equites to be elected into the senate 
 (Appian. Civil, i. 100), but the real increase which 
 he made to the number of senators is not mention- 
 ed anywhere. It appears, however, henceforth to 
 have consisted of between five and six hundred. 
 (Cic. ad Att. i. 14.) J. Caesar augmented the 
 number to 900, and raised to this dignity even 
 common soldiers, freedmen, and peregrini. (Dion 
 Cass, xliii. 47; Suet. Caes. 80.) This arbitrari- 
 ness in electing unworthy persons into the senate, 
 and of extending its number at random, was imi- 
 tated after the death of Caesar, for on one occasion 
 there were more than one thousand senators. (Suet. 
 Au/j. 35.) Augustus cleared the senate of the un- 
 worthy members, who were contemptuously called 
 by the people Orciui senalores, reduced its number 
 to 600 (Dion Cass. liv. 14), and ordained that a list 
 of the senators should always be exhibited to pub- 
 lic inspection. (Dion Cass. Iv. 3.) During the first 
 
850 
 
 SENATUS. 
 
 SENATUS. 
 
 centuries of the empire, this number appears, on the 
 whole, to have remained the same ; but as every- 
 thing depended upon the will of the emperor, we 
 can scai'cely expect to find a regular and fixed 
 number of them. (Dion Cass. liii. 17.) During the 
 latter period of the empire their number was again 
 \ery much diminished. 
 
 With respect to the eligibility of persons 
 for the senate, as well as to the manner in 
 which they were elected, we must distinguish be- 
 tween the several periods of Roman history. It 
 was formerly a common opinion, founded upon 
 Livy (i. 8) and Festus (s. v. Pnwtcriti scnafores), 
 which has in modem times found new supporters 
 in Huschke and Rubino, that in the early period 
 of Roman history the kings appointed the members 
 of the senate at their own discretion. It has how- 
 ever been sho™ by Niebuhr and others, with in- 
 controvertible arguments, that the pnpulus of Rome 
 was the real sovereign, that all the powers which 
 the kings possessed were delegated to them by the 
 populus, and that the senate was an assembly 
 formed on the principle of representation : it repre- 
 sented the populus, and its members were elected 
 by the populus. Dionysius (ii. 14) is therefore 
 right in stating, that the senators were elected by 
 the populus, but the manner in which he describes 
 the election is erroneous, for he believes that the 
 three tribes were already united when the senate 
 consisted of only one hundred members, and that 
 the senators were elected by the curies. Niebuhr 
 (i. p. 338) thinks, that each gens sent its decurio, 
 who was its alderman, to represent it in the senate; 
 Gottling (p. 151. comp. p. C2) on the other hand 
 believes, with somewhat more probability, that 
 each decury (the Sewaj of Dionysius), which con- 
 tained either a part of one or parts of several 
 smaller gentes, had to appoint one old man by 
 whom it was represented in the senate, and a 
 younger one as eques. This supposition removes 
 the difficulty respecting the decurio, which has ] 
 been pointed out by Walter [Gesck. d. Rom. Rechts, 
 p. 23. n. 12) ; for the decurio was the commander [ 
 of a division of the anny, and as such could not 
 well have been of the age of a senator. As each 
 decury or gens appointed one senator, each cury 
 was represented by ten, each tribe by one hundred, 
 and the whole populus by three hundred senators, 
 all of whom held their dignity for Hfe. The plebe- 
 ians as such were not represented in the senate, for 
 the instances in which plebeians are mentioned as 
 being made senators, as in the reign of Tarquinius 
 Priscus and after the abolition of the kingly power, 
 cannot be regarded in any other light than mere 
 momentary measures, which the government was 
 obliged to adopt for several reasons, and without 
 any intention to appoint representatives of the 
 plebes. (Niebuhr, i. p. 52(5, &c.) The numbers of 
 such plebeian senators at any rate, must have been 
 much smaller than they are stated by our authori- 
 ties, for there is no instance of any plebeian sena- 
 tor on record untU the year 439 B. c, when Spurius 
 Maelius is mentioned as senator. The senate it- 
 self appears to have had some influence upon the 
 election of new members, inasmuch as it might raise 
 objections against a person elected. (Dionys. vii. 55.) 
 The whole senate was divided into decuries, each 
 of which corresponded to a curia. When the 
 senate consisted of only one hundred members, 
 there were accordingly only ten decuries of sena- 
 tors ; and ten senators, one being taken from each 
 
 decury, formed the decern primi who represented 
 the ten curies. When subsequently the represen- 
 tatives of the two other tribes were admitted into 
 the senate, the Ramnes with their decom primi re- 
 tained for a time their superiority over the two 
 other tribes (Dionys. ii. 58 ; iii. 1 ; Plut. Nutn. 3), 
 and gave their votes first. (Dionys. vi. 84.) The 
 first among the decern primi was the princeps 
 seiiatm, who was appointed by the king (Dionys. 
 ii. 12 ; Lyd. de Alcns. i. 19), and was at the same 
 time custos urbis. [Praefectus urbi.] Respect- 
 ing the age at which a person might be elected 
 into the senate during the kingl}' period, we know 
 no more than what is indicated by the name sena- 
 tor itself, that is, that they were persons of ad- 
 vanced age. 
 
 It can scarcely be imagined, that immediately! 
 after the establishment of the republic the election 
 of senators should at once have passed from the 
 decuries or gentes into the hands of the magis- 
 trates, and we must therefore suppose that at least 
 for a time the senators were appointed by the 
 gentes, decuries, or perhaps by the cm'ics. After- 
 wards however the right to appoint senators be- 
 longed to the consuls, considar tribunes, and sub- 
 sequently to the censors. (Liv. ii. 1 ; Fest. s. v. 
 Praeteriti seiialores.) This fact has been alleged 
 in support of the opinion that formerly the kings 
 had the same privilege, especially as it is stated 
 that the republican magistrates elected their per- 
 sonal friends to the senatorial dignity {conjuiictissi- 
 mos sihi quisque patrkiorum le(jebant), but this 
 statement is, as Niebuhr justly remarks, founded 
 upon a total ignorance of the nature of the Roman 
 senate. It should not be forgotten that the power 
 of electing senators possessed by the republican 
 magistrates was by no means an arbitrary power, 
 for the senators were always taken from among 
 those who were equites, or whom the people had 
 previously invested with a magistracy', so that in 
 realitj the people themselves always nominated 
 the candidates for the senate, which on this ac- 
 count remained as before a representative assem- 
 bly. From the j'ear 487 b. c. the princeps senatus 
 was no longer appointed for life, but became a 
 magistrate appointed by the curies, and the patres 
 minorum gentium were likewise eligible to this 
 dignity'. (Niebuhr, ii. p. 119.) It moreover ap- 
 pears, that all the curule magistrates and also the 
 quaestors had by virtue of their office a seat in the 
 senate, which they retained after the year of their 
 office was over, and it was from these ex-magis- 
 trates that the vacancies occurring in the senate 
 were generally filled up. 
 
 After the institution of the censorship, the cen- 
 sors alone had the right to elect new members into 
 the senate from among the ex-magistrates, and to 
 exclude such as they deemed unworthy. (Zonar. 
 vii. 19; compare Cic. dc Leyij. iii. 12.) [Nota 
 Censoria.] The exclusion was effected by 
 simply passing over the names and not enteruig 
 them into the lists of senators, whence such men 
 were called pruetcriti se/iatores. (Fest. s. v.) On 
 one extraordinary occasion the eldest among the 
 ex-censors was invested with dictatorial power to 
 elect new members into the senate. (Liv. xxiii. 
 22.) The censors were thus, on the one hand, 
 confined in their elections to such persons as had 
 already received the confidence of the people, and 
 on the other, they were expressly directed by the 
 lex Ovinia tribunicia to elect "ex omni ordine op- 
 
SENATUS. 
 
 SENATUS. 
 
 851 
 
 um quemque curiatim." (Fest. 1. c.) This ob- 
 scure lex Ovinia is referred by Niebuhr (i. p. M7) 
 ■to the time anterior to the admission of tlie con- 
 scripti into the senate, but it evidently belongs to 
 ■1 much later period, and was meant to be a guid- 
 ance to the censors, as he himself afterwards ac- 
 knowledged (ii. p. 408. n. 85,5 ; compare Walter, 
 p. 100. n. 68). The ordo mentioned in this lex is 
 fthe ordo senatorius, i. e. men who were eligible for 
 'the senate from the office they had held. (Liv. 
 'xxii. 49.) The expression curiatim is very difficult 
 to explain ; some believe that it refers to the fact 
 'that the new senators were only appointed with the 
 sanction of the senate itself (Dionys. vii. 55 ; Cic. 
 Philip. V. 17), and in the presence of the lictors, 
 who represented the curies. 
 
 From the time that the cumle magistrates had 
 the right to take their seats in the senate, we must 
 distinguish between two classes of senators, viz., 
 (real senators, or such as had been regularly raised 
 'to their dignity by the magistrates or the censors, 
 and such as had, by virtue of the office which they 
 held or had held, a right to take their seats in the 
 senate and to speak (sc«fe?i/i«»j dicerc,Jas sciitentiac), 
 but not to vote. (GelUus,iii. 18 ; Fest. s.v.Se?iatores,) 
 ■To this ordo senatorius also belonged the ponti- 
 ■fex maximus and the flamen dialis. The whole 
 ,-of these senators had, as we have stated, no right 
 'to vote, but when the others had voted, they might 
 step over or join the one or the other party, whence 
 they were called scnatores pedarii, an appellation 
 which had in former times been applied to those 
 ■juniores who were not consulars. (Gell. 1. c; com- 
 'pare Niebuhr, ii. p. 114; Walter, p. 144.) A 
 singular irregularity in electing members of the 
 'senate was committed by Appius Claudius Caecus, 
 ■who elected into the senate sons of freedmen (Liv. 
 ^ix. 29. 46 ; Aur. Vict, de Vir. illustr. 34) ; but 
 'this conduct was declared illegal, and had no fur- 
 ther consequences. 
 
 Wiien at length aU the state offices had become 
 equally accessible to the plebeians and the patri- 
 cians, and when the majority of offices were held 
 by the former, their number in the senate naturally 
 increased in proportion. The senate had gradually 
 become an assembly representing the people, as 
 formerly it had represented the populus, and do%vn 
 to the last century of the republic the senatorial 
 dignity was only regarded as one confeiTed by the 
 people. (Cic.pro Scxt. 65 ; dc Letjg. iii. 12 ; c Verr. 
 II. iv. 11; pru Cluent. 56.) But notwithstanding 
 this apparently popular character of the senate, it 
 was never a popular or democratic assembly, for 
 now its members belonged to the nobiles, who 
 were as aristocratic as the patricians. [Nov: 
 Homines.] The office of princeps senatus, which 
 had become independent of that of praetor urbanus, 
 was now given by the censors, and at fast always 
 to the eldest among the ex-censors (Liv. xxvii. 11), 
 but afterwards to any other senator whom they 
 thought most worthy, and unless there Avas any 
 charge to be made against him, he was re-elected 
 at the next lustrum. This distinction, however, 
 great as it was, afforded neither power nor advan- 
 tages (Zonar. vii. 19), and did not even confer the 
 privilege of presiding at the meetings of the senate, 
 which only belonged to those magistrates who had 
 the right to convoke the senate. (Gell. xiv. 7 ; Cic. 
 'de Legg. iii. 4.) 
 
 \ It has been supposed by Niebuhr (iii. p. 406), 
 that a senatorial census existed at Rome at the 
 
 commencement of the second Punic war, but the 
 words of Li'vy (xxiv. 1 1) on which this supposition 
 is founded seem to be too vague to admit of such an 
 inference. Gottling (p. 346) infers from Cicero (ad 
 Fam. xiii. 5), that Caesar was the first who insti- 
 tuted a senatorial census, but the passage of Cicero 
 is still more inconclusive than that of Livy, and 
 we may safely take it for granted that during the 
 whole of the republican period no sucli census 
 existed (Plin. H. N. xiv. 1), although senators 
 naturally always belonged to the wealthiest classes. 
 The institution of a census for senators belongs 
 altogether to the time of the empire. Augustus 
 first fixed it at 400,000 sesterces, afterwards in- 
 creased it to double this sum, and at last even to 
 1,200,000 sesterces. Those senators whose pro- 
 perty did not amount to this sum, received grants 
 from the emperor to make it up. (Suet. Aug. 41 ; 
 Dion Cass. liv. 17. 26. 30 ; Iv. 13.) Subsequently 
 it seems to have become customary to remove from 
 the senate those who had lost their property 
 through their own prodigality and vices, if they 
 did not quit it of their own accord. (Tacit. Annal. 
 ii. 48 ; xii. 52 ; Suet. 77i. 47.) Augustus also, 
 after having cleared the senate of unworthy mem- 
 bers, introduced a new and reanimating element 
 into it by admitting men from the municipia, the 
 colonies, and even from the provinces. (Tacit. 
 Aniial. iii. 55 ; xi. 25 ; Suet. Vesp. 9.) When 
 an inhabitant of a province was honoured in this 
 manner, the province was said to receive the jus 
 senatus. Provincials who were made senators of 
 course went to reside at Rome, and with the ex- 
 ception of such as belonged to Sicily or to Gallia 
 Narbonnensis, they were not allowed to visit their 
 native countries without a special pennission of 
 the emperor. (Tacit. Annal. xii. 23 ; Dion Cass. 
 Iii. 46 ; Ix. 25.) In order to make Rome or Italy 
 their new home, the provincial candidates for the 
 senate were subsequently always expected to ac- 
 quire landed property in Italy. (Plin. Epist. vi. 19.) 
 On the whole, however, the equites remained dur- 
 ing the first centuries of the empire the seminarium 
 senatus, which they had also been in the latter 
 period of the republic. 
 
 As regards the age at which a person might be- 
 come a senator, we have no express statement for 
 the time of the republic, although it appears to 
 have been fixed by some custom or law, as the 
 aetas senatoria is frequently mentioned, especially 
 during the latter period of the republic. But we 
 may by induction discover the probable age. We 
 know that according to the lex annalis of the tri- 
 bune Villius, the age fixed for the quaestorship 
 was 31. (OreUi, Onom. iii. p. 133.) Now as it 
 might happen that a quaestor was made a senator 
 immediately after the expiration of his office, we 
 may presume that the earliest age at which a man 
 could become a senator was 32. Augustus at last 
 fixed the senatorial age at 25 (Dion Cass. Iii. 20), 
 which appears to have remained unaltered through- 
 out the time of the empire. 
 
 No senator was allowed to carry on any mer- 
 cantile business. About the commencement of the 
 second Punic war, some senators appear to have 
 violated this law or custom, and in order to pre- 
 vent its recurrence a law was passed with the ve- 
 hement opposition of the senate, that none of its 
 members should be permitted to possess a ship of 
 more than 300 amphorae in tonnage, as this was 
 thought sufficiently large to convey to Rome the 
 
 3 I 2 
 
852 
 
 SENATUS. 
 
 SENATUS. 
 
 produce of their estates abroad. (Liv. xxi. G3.) It 
 is clear however from Cicero (c. Verr. il. v. 18), 
 that this law was frequently violated. 
 
 Regular meetings of the senate {scnatus Ict/ttimns) 
 took place during the republic, and probably dur- 
 ing the kingly period also, on the calends, nones, 
 and ides of everj' month (Cic. aJ (J. Frai. ii. IJ!): 
 extraordinary meetings {scmdus imlidtis) might be 
 convoked on any other day, with the exception of 
 those which were atri, and those on which comitia 
 were held. (Cic. ad Q. Frut. ii.2.) The right of con- 
 voking the senate during the kingly period be- 
 longed to the king, or to his vicegerent, the custos 
 urbis. (Dionys. ii. 8 ; PKAEfECTUS i rbi.) This 
 right was during the republic transferred to the 
 cumle magistrates, and at last to the tribunes also. 
 Under the empire the consuls, praetors, and tri- 
 bunes continued to enjoy the same privilege (Dion 
 Cass. Ivi. 47 ; lix. 24 ; Tacit. Hht. iv. 3.0), although 
 the emperors had the same. (Dion Cass. liii. 1 ; 
 liv. 3.) If a senator did not appear on a day of 
 meeting, he was liable to a fine for which a pledge 
 was taken (jminoris cajdio) until it was paid. 
 (Gellius, xiv. 7 ; Liv. iii. 28 ; Cic. <le Lcgg. iii. 4 ; 
 Philip, i. 5 ; Pint. Cic. 43.) Under the empire 
 the penalty for not appearing without sufficient 
 reason was increased. (Dion Cass. liv. 18; Iv. 3; 
 Ix. 11.) Towards the end of the republic it was 
 decreed, that during tlie wliole month of February 
 the senate should give audience to foreign ambas- 
 sadors on all days on which the senate could law- 
 fully meet, and that no other matters sliould be 
 discussed until these affairs were settled. (Cic. ad 
 Q. Firit. ii. 1 3 ; ad. Fum. i. 4.) 
 
 The places where the meetings of the senate 
 were held {cariai; scnamla ) were always inaugu- 
 rated by the augurs. [Templum.] The most an- 
 cient place was the Curia Hostilia, in which alone 
 originally a senatusconsultum could be made. Af- 
 terwards however several temples were used for 
 this purpose, such as the temple of Concordia, a 
 place near the temple of Bellona [Lecatu.s], and 
 one near the porta Capena. (Fest. v. Scnacu/a ; 
 Varro, de Ling. Lai. iv. p. 43. Bip.) Under the 
 emperors the senate also met in other places : un- 
 der Caesar the curia Julia, a building of immense 
 splendour was commenced ; but subsequently meet- 
 ings of the senate were not seldom held in the 
 house of a consul. 
 
 When in the earliest times the king or the cus- 
 tos urbis, after consulting the pleasure of the gods 
 by auspices, had convoked the senate (sciiatum 
 edicere, ccmi-ocare), he opened the session with the 
 words : " Quod bonum, faustum, felix fortunatum- 
 que sit populo Romano Quiritibus," and then laid 
 before the assembly {nferre, relatiij) what he had 
 to propose. The president then called upon the 
 members to discuss the matter, and when the dis- 
 cussion was over, every member gave his vote. 
 The majority of votes always decided a question. 
 The majority was ascertained either by numeralio 
 or by disccssio, that is, the president either counted 
 the votes (Fest. s. r. Numera), or the members 
 who voted on the same side joined together, and 
 thus separated from those who voted otherwise. 
 This latter method of voting appears in later times 
 to have been the usual one, and according to 
 Capito (ap GeU. xiv. 7), the only legitimate me- 
 thod. [Senatusconsiii.tum.] 
 
 The subjects laid before the senate partly be- 
 longed to the internal aifairs of the state, partly to 
 
 legislation, and partly to the finance ; and no mea- ■ 
 sure could be brought before the populus without 
 having previously been discussed and prepared by 
 the senate. The senate was thus the medium 
 through which aU att'airs of the whole government 
 h.ad to pass : it considered and discussed whatever 
 measures the king thought proper to introduce, 
 and had, on the other hand, a perfect control over 
 the assembly of the populus, which coidd only ac- 
 cept or reject what the senate brought before it 
 When a king died, the royal dignity, until a suc- 
 cessor was elected, was transferred to the decern 
 primi (Liv. i. 17), each of whom in rotation held 
 I this dignity for five days. The candidate for the 
 royal power was first decided upon by the inter- 
 reges, who then proposed him to the whole senate, 
 and if the senate agreed with the election, the 
 interrex of the day, at the command of the senate, 
 proposed the candidate to the comitia and took 
 their votes respecting him. (Dionys. ii. 58 ; iii. 36; 
 iv. 40. 80 ; comp. Walter, p. 25. n. 28.) The will 
 of the gods was then consulted by the augurs, and 
 when the gods too sanctioned tlie election (Liv. i. 
 18), a second meeting of the populus was held, in 
 which the augurs announced the sanction of the 
 gods. Hereupon the king was invested with the 
 powers belonging to his office. 
 
 Under the repnldic the right of convoking the 
 senate was at first only possessed by the dictators, 
 praetors, or consuls, interreges, and the praefectus 
 urbi, who also, like the kings of former times, laid 
 before the senate the subjects for deliberation. 
 The power of the senate was at first the same as 
 under the kings, if not greater : it had the general 
 care of the public welfare, the superintendence ot 
 all matters of religion, the management of all af- 
 fairs with foreign nations ; it commanded the levies 
 of troops, regulated the taxes and duties, and had 
 in short the supreme control of all the revenue and 
 expenditure. The order in which the senators 
 spoke and voted was determined by their rank as 
 belonging to the majores or minores. (Cic. de. Re 
 Pull ii. 20 ; Dionys. vi. G9 ; vii. 47.) This dis- 
 tinction of rank however appears to have ceased 
 after the decemvirate, and even imder the decera- 
 virate we have instances of the senators speaking 
 without any regidar order. (Dionys. vi. 4. Ki. 1!). 
 21; Liv. iii. 3!). 41.) It is also probable that after 
 the decemvirate vacancies in the senate were gene- 
 rally fiUed with ex-magistrates, which had now 
 become more practicable as the number of magis- 
 trates had been increased. The tribunes of the 
 people likewise obtained access to the deliberations 
 of the senate (Liv. iii. U!) ; vi. 1) ; but they had no 
 seats in it yet, but sat before the opened doors of 
 the curia. ( Val. Max. ii. 2. § 7.) The senate had 
 at first had the right to propose to the comitia the 
 candidates for magistracies, but this right was now 
 lost : the comitia centm-iata had become quite free 
 in regard to elections and were no longer dependent 
 upon the proposal of the senate. The curies only 
 still possessed the riglit to sanction the election ; 
 but in the year li. c. 29!) they were compelled to 
 sanction any election of magistrates which the 
 comitia might make, before it took place (Cic. 
 Brut. 14,; Aurel. Vict, de Vir. Illastr. 33), and 
 this soon after became law by the lex Maenia. 
 (Orelli, Onom. iii. p. 215.) When at last the 
 curies no longer assembled for this empty show ot 
 power, the senate stept into their place, and hence- 
 forth in elections, and soon after also in matters of 
 
SENATUS. 
 
 SENATUS. 
 
 853 
 
 egislation the senate had previously to sanction 
 whatever the comitia might decide. (Liv. i. 17.) 
 After the lex Ilortensia a decree of the comitia 
 Uributa became law even without the sanction of 
 tlic .senate. The original state of things had thus 
 ■.;radualiy become reversed, and the senate had lost 
 '.veiy important bninclies of its power, which had 
 •ill been gained by the comitia tributa. [Tribunus 
 I'l Ems.] In its relation to the comitia centu- 
 ■iata, however, the ancient rules were still in force, 
 IS laws, declarations of war, conclusions of peace, 
 treaties, &c. were brought before them and decided 
 liv them on the proposal of the senate. (W^alter, 
 : i:f2.) 
 
 1 lie powers of the senate after both orders were 
 placed upon a perfect equality may be thus brieHy 
 I'sunniied up. The senate continued to have the 
 supreme superintendence in all matters of religion 
 [(iellius, xiv. 7); it determined upon the manner 
 ill which a war was to be conducted, what legions 
 wrre to be placed at the disposal of a commander, 
 111(1 whether new ones were to be levied ; it decreed 
 ill' what provinces the consuls and praetors were 
 • I lie sent [Phovincia], and whose imperium was 
 •to be prolonged. The commissioners who were 
 nenerally sent out to settle the administration of a 
 icw ly conipiered country, were always appointed 
 iv the senate. (Liv. xlv. 17 ; Aff'nm, de Jid/.Hisji. 
 I'.l ; i/e Rcl). Pun. 135 ; Sallust. Jui). 10.) All 
 ■ml lassies for the conclusion of peace or treaties 
 with foreign states were sent out by the senate, 
 iind such ambassadors were generally senators 
 uhemselves and ten in number. (Polyb. vi. 13 ; 
 l.iv. pujisiiH.) The senate alone carried on the ne- 
 Hitiations with foreign ambassadors ( Poly b. c. ; 
 
 r. Valin. 15), and received the complaints of 
 .iiliject or allied nations, who always regarded the 
 -cnate as their common protector. (Liv. xxix. Ki ; 
 \xxix. 3 ; xlii. 14 ; xliii. 2 ; Polyb. c.) By 
 virtue of this office of protector it also settled all 
 lisputes which might arise among the municipia 
 iiid colonies of Italy (Dionys. ii. 1 ; Liv. ix. 20 ; 
 V'linn, (le He Rust. iii. 2 ; Cic. ad Att. iv. 15 ; du 
 <>//'. i. 10), and punished all heavy crimes com- 
 iiittcd in Itidy, which might endanger the public 
 leace and security. (Polyb. /. c.) Even in Home 
 itself the jiidices to whom the praetor referred im- 
 iinrtant cases, both public and private, were taken 
 Iriim among the senators (Polyb. vi. 17), and in 
 ■xtranrdinary cases the senate appointed especial 
 Dinniissions to investigate them (Liv. xxxviii. 54 ; 
 wxix. 14 ; xl. 37. 44, &c.) ; but such a commis- 
 sion, if the case in question was a capital oti'ence 
 .iiimiiitted by a citizen, required the sanction of 
 the people. (Polyb. vi. l(i ; Liv. xxvi. 33, &c.) 
 When the republic was in danger the senate might 
 -cinfer unlimited power upon the magistrates by 
 'the formula, " videant consides, ne quid respublica 
 (letrimenti capiat" (Sallust. Cat. 29 ; Cues, dc 
 Ikll. Civ. i. 5. 7), which was equivalent to a de- 
 -•laration of martial law within the city. This 
 .;encial care for the internal and external welfare 
 if the republic included, as before, the right to dis- 
 lose over the finances requisite for these purposes. 
 Hence all the revenue and expenditure of the re- 
 public were under the direct administration of the 
 senate, and the censors and quaestors were only 
 its ministers or agents. [Censor ; Quaestor.] 
 All the expenses necessary fur the maintenance of 
 the armies required the sanction of the senate, be- 
 lore anything could be done, and it might even 
 
 prevent the triumph of a returning general, by re- 
 fusing to assign the money necessary for it. (Polyb. 
 vi. 15.) There are, however, instances of a general 
 triumphing without tlie consent of the senate. (Liv. 
 iii. (13 ; vii. 17 ; ix. 37.) 
 
 How many members were required to be present 
 in order to constitute a full assembly is uncertain, 
 though it appears that there existed some regula- 
 tions on this point (Liv. xxxviii. 44 ; xxxix. 4 ; 
 Cic. ad Fam. viii. 5 ; Fest. s. v. Numera), and 
 there is one instance on record, in which at least 
 one hundred senators were required to be present. 
 (Liv. xxxix. 18.) The presiding magistrate open- 
 ed the business, and as the senators sat in the 
 following order, — princeps senatus, consulares, cen- 
 sorii, praetorii, aedilicii, tribunicii, quaestorii, — it 
 is natural to suppose, that they were asked their 
 opinion and voted in the same order. (6'«o loco 
 seiitentiam dicrrc, Cic. Philip, v. 17 ; xiii. 13, &c. ; 
 ad Att. xii. 21.) Towards the end of the republic 
 the order in which the question was put to the 
 senators, appears to have depended upon the dis- 
 cretion of the presiding consul (Varro, ap. G'cU. xiv. 
 7), who called tqjon each member by pronouncing 
 his name (//umiiiatiin, Cic. c. Verr. iv. 0'4), but he 
 usually began with the princeps senatus (Cic. pro 
 Hot. 32), or if consules designati were present, 
 with them. (Sallust, Cat. 50; Appian, tZe /fcW. tVu. 
 
 ii. 5.) The consul generally observed all the year 
 round the same order in which he had commenced 
 on the first of January. (Suet. Cues. 21.) A 
 senator when called upon to speak might do so at 
 full length, and even introduce subjects not directly 
 connected with the point at issue. (Cic. de Lei/j. 
 
 iii. 18 ; Gellius, iv. 10 ; Tacit. Annul, ii. 38 ; xiii. 
 49 ; compare Cic. Pliili]>. vii.) It depended 
 upon the president which of the opinions expressed 
 he woidd put to the vote, and which he would pass 
 over. (Polyb. xxxiii. 1 ; Cic. ad Fam. i. 2; x. 12; 
 Caes. de Ikll. Civ. i. 2.) Those men who were not 
 yet real senators, but had only a seat in the senate 
 on account of the office they held, or had held, had 
 no right to vote, but merely stept over to the party 
 they wished to join, and they were now called 
 stcmilorcs ju darii. (Gellius, xiii. 8.) When a Se- 
 natusconsultum was passed, the consids ordered it 
 to be written down by a clerk in the presence of some 
 senators, especially of those who had been most 
 interested in it or most active in bringing it about. 
 (Polyb. vi. 12 ; Cic. de Oral. iii. 2 ; ad Fain. viii. 
 8.) [Senatusconsultum.] a senate was not 
 allowed to be held before sunrise or to be prolonged 
 after sunset (Varro, up. C'cll. I.e.): on extraor- 
 dinary emergencies, however, this regulation was 
 set aside. (Dionys. iii. 17 ; Macrob. i. 4.) 
 
 During the latter part of the republic the senate 
 was degraded in various ways by Sulhi, Caesar, 
 and others, and on many occasions it was only an 
 instrument in the hands of the men in power. In 
 this way it became prepared for the despotic go- 
 vernment of the emperors, when it was altogether 
 the creature and obedient instrument of the prin- 
 ceps. The emperor himself was generally also 
 princeps senatus (Dion Cass. liii. I ; Ivii. 8 ; 
 Ixxiii. 5), and had the power of convoking both 
 ordinary and extraordinary meetings (Dion Cass, 
 liv. 3 ; Lex de imperio Vespas.), although the con- 
 suls, praetors, and tribunes, continued to have the 
 same right. (Tacit. Hist. iv. 39 ; Dion Cass. hi. 
 47 ; lix. 24 ; Ix. 16, &c.) The ordinary meetings 
 according to a regulation of Augustus were held 
 
854 
 
 SENATUS. 
 
 SENATUS. 
 
 twice in every month. (Suet. Aug. 35 ; Dion Cass. 
 Iv. 3.) A full assembly required the presence of at 
 least 400 members, but Augustus himself after- 
 wards modified this rule according to the difference 
 and importance of the subjects which might be 
 brought under discussion. (Dion Cass. liv. 35 ; Iv. 
 3.) At a later period we find that seventy or 
 even fewer senators constituted an assembly. 
 (Lamprid. AL Sever. 16.) The regular president 
 in the assembly was a consul, or the emperor 
 himself, if he was invested with the consulship. 
 (Plin. J-Jpist. ii. 11; Puncgijr. 76.) At extraor- 
 dinary meetings, he who convoked the senate was 
 at the same time its president. The emperor, 
 however, even when he did not preside, had by 
 virtue of his office of tribune, the right to introduce 
 any subject for discussion, and to make the senate 
 decide upon it. (Dion Cass. liii. 32 ; Lex de im- 
 perio Vespas.) At a later period this right was 
 expressly and in proper form conferred upon the 
 emperor under the name of jus relatioins, and ac- 
 cordingly as he obtained the right to introduce 
 three or more subjects, the jus was called jus 
 tertiae, quaiiae, ipdntae, S^c. relationis. (Vopisc. 
 Prub. 1"2 ; J. Capitol. Pertin. 5 ; M. Antonin. 6 ; 
 Lamprid. Al. Sei\ 1.) The emperor introduced 
 his proposals to the senate by writing (uratio, li- 
 bellus, epistola pri?ii-ipis), which was read in the 
 senate by one of his quaestors. (Dion Cass. liv. 
 25 ; Ix. 2 ; Suet. Aug. ; Tit. G ; Tacit. Animl. 
 xvi. 27 ; Dig. 1. tit. 13. s. 1. § 2 and 4.) [Ora- 
 TioNES Principum.] The praetors, that they 
 might not be inferior to the tribmies, like- 
 wise received the jus relationis. (Dion Cass. Iv. 
 3.) The mode of conducting the business, and 
 the order in which the senators were called upon 
 to vote, remained on the whole the same as under 
 the republic (Plin. Epist. viii. 14; ix. 13); but 
 when magistrates were to be elected, the senate, 
 as in former times the comitia, gave their votes in 
 secret with little tablets. (Plin. Epjist. iii. 20 ; xi. 5.) 
 The transactions of the senate were from the 
 time of Caesar registered by clerks appointed for 
 the purpose, under the superintendence of a senator. 
 (Suet. Cacs. 20 ; Aug. 36 ; Tacit. Afuial. v. 4, &c. ; 
 Spart. Hadrian, 3 ; Dion Cass. Ixxviii. 22.) In 
 cases which reqiured secrecy (senatusconsiiltum 
 taeihim), the senators themselves officiated as 
 clerks. (.1. Capitol. Gord. 20.) 
 
 As the Roman emperor concentrated in his o^vn 
 person all the powers which had formerly been 
 possessed by the several magistrates, and without 
 limitation or responsibility, it is clear that the 
 senate in its administrative powers was dependent 
 upon the emperor, who might avail himself of its 
 counsels or not, just as he pleased. In the reign 
 of Tiberius the election of magistrates was trans- 
 ferred from the people to the senate (Veil. Pat. ii. 
 124 ; Tacit. Amial. i. 15 ; Plin. Epist. iii. 20 ; vi. 
 19), which, however, was enjoined to take especial 
 notice of those candidates who were recommended 
 to it by the emperor. This regulation remained, 
 with a short interruption in the reign of Caligula, 
 down to the third century, when we find that the 
 princeps alone exercised the right of appointing 
 magistrates. (Dig. 48. tit. 14. s. 1.) At the de- 
 mise of an emperor the senate had the right to 
 appoint his successor, in case no one had been 
 luiminated by the emperor himself ; but the senate 
 had in very rare cases an opportunity to exercise 
 this right, as it was usurped by the soldiers. The 
 
 aerarium at first still continued nominally to be 
 under the control of the senate (Dion Cass. liii. 16. 
 22), but the emperors gradually took it under their 
 own exclusive management (Dion Cass. Ixxi. 33 ; 
 Vopisc. Azirei 9. 12. 20), and the senate retained 
 nothing but the administration of the funds of the 
 city {area publica), which were distinct both from 
 the aerarium and from the fiscus (Vopisc. ^ are/. 
 20. 45), and the right of giving its opinion upon 
 cases connected ^vith the fiscal law. (Dig. 49. tit. 
 14. s. 15 and 42.) Its right of coining money 
 was limited by Augustus to copper coins, and 
 ceased altogether in the reign of Gailienus. (Eck- 
 hel, D. N. Prolcg. c. 1 3.) Augustus ordained that 
 no accusations should any longer be brought before 
 the comitia (Dion Cass. Ivi. 40), and instead of 
 them he raised the senate to a high court of justice, 
 upon which he conferred the right of taking cog- 
 nizance of capital oftences committed by senators 
 (Dion Cass. Iii. 31, &c. ; Suet. Calig. 2 ; Tacit. 
 Annul, xiii. 44 ; Capitol. M. Antonin. 10), of 
 crimes against the state and the person of the em- 
 perors (Dion Cass. Ivii. 15. 17. 22 ; Ix. 16 ; Ixxvi. 
 8 ; Suet. Aiig. 66 ; Tacit. Annul, iii. 49, &c.), and 
 of crimes committed by the provincial magistrates 
 in the administration of their provinces. The 
 senate might also receive appeals from other courts 
 (Suet. Nero, 17 ; Tacit. Annul, xiv. 28 ; J. Capitol. 
 M. Antonin. 10 ; Vopisc. Prob. 13), whereas, at 
 least from the time of Hadrian, there was no ap- 
 peal from a sentence of the senate. (Dion Cass, 
 lix. 18 ; Dig. 49. tit. 2. s. 1. § 2.) The princeps 
 sometimes referred cases which were not contained 
 in the above categories, or which he might have 
 decided himself, to the senate, or requested its co- 
 operation. (Suet. Claud. 14, 15 ; Nero, 15 ; 
 Domii. 8, &c.) Respecting the provinces of the 
 senate see Provincia. 
 
 When Constantinople was made the second 
 capital of the empire, Constantine instituted also a 
 second senate in this city (Sozomen, ii. 2 ; Excerpt, 
 de gest. Const. 30), upon which Julian conferred all 
 the privileges of the senate of Rome. (Zozim. iii. 
 11 ; Liban. Oral, ad Tlieodos. ii. p. 393. ed. 
 iVIorell.) Both these senates were still sometimes 
 consulted by the emperors in an oratio upon mat- 
 ters of legislation (Cod.Theod. vi. tit.2. s. 14 ; Sym- 
 mach. Ejiist. x.2.28 ; Cod.i. tit. 14.S.3): the senate 
 of Constantinople retained its share in legislation 
 down to the ninth centurj'. (Nov. Leon. 78.) Each 
 senate also continued to be a high court of justice 
 to which the emperor referred important criminal 
 cases. (Ammian. Marcel, xxviii. 1. 23 ; Symmach. 
 Epist. iv. 5 ; Zozim. v. 11. 38.) Capital offences 
 committed by senators, however, no longer came 
 under their jurisdiction, but either midcr that of 
 the governors of provinces, or of the prefects ot the 
 two cities. (Walter, p. 367, &c.) Civil cases of 
 senators likewise belonged to the forum of the 
 praefectus urbi. (Cod. iii. tit. 24. s. 3 ; Symmach. 
 Epist. X. 69.) The senatorial dignity was now ob- 
 tained by descent (Cod. Theod. vi. tit. 2. s. 2 ; 
 xii. tit. 1. s. 58 ; Cassiodor. Variur. iii. 6), and by 
 having held certain offices at the court, or it was 
 granted as an especial favour by the emperor on 
 the proposal of the senate. (Cod.Theod. I.e. ; Hym- 
 mach. Epist. x. 25. 118.) To be made a senator 
 was indeed one of the greatest honours that could 
 be conferred, and was more valued than in the 
 times of the republic ; but its burdens were very 
 heavy, for not only had the senators to give pubUc 
 
SENATUSCONSULTUM. 
 
 SENATUSCONSULTUM. 
 
 855 
 
 ynmcs (Symmach. Epist. x. 25. 28), to make rich 
 |i:vseiits to the emperors (Cod. Theod. vi. tit. 2. 
 s. 5 ), and in times of need extraordinary donations 
 til the people (Zozini. v. 41 ; Symmach. Ejj. vi. 14. 
 -'> ; vii. (i8), but in addition they had to pay a 
 IK'ciiliar tiix upon their landed property, which was 
 i.iilc'd /b/lis or </le//a. (Zozim. ii. 32 ; Cod. Theod. 
 vi. tit. 2 ; Symmach. £j)isl. iv. fil.) A senator who 
 liad no landed property was taxed attwofolles. (Cod. 
 Theod. vi. tit. 2. s. 2 ; vi. tit.4. s.21.) It was there- 
 lure only the wealthiest persons of the empire, no 
 matter to what part of it they belonged, that could 
 aspire to the dignity of senator. A list of them, 
 tiiuetiier with an accomit of their property, was 
 laid before the emperor everj' three months by the 
 prefect of the city. (Symmach. x. (j'G, &c.) Down 
 ,- to the time of Justinian the consuls were the 
 presidents of the senate, but from this time the ; 
 piaefectus urbi always presided. (Cod. Theod. vi. 
 tit. G. s. 1 ; Nov. Instit. U2.) 
 
 It now remains to mention some of the distinc-. 
 itlnns and privileges enjoyed by Roman senators: I 
 1. The tunica with a broad purple stiipe [/attis 
 c/iinis) in front, which was woven in it, and not as ' 
 is commonly believed sewed upon it. (Acron. ad j 
 J/nnil. Sat. i. 5. 35 ; compare i. 6. 28 ; Quinctil. 
 xi. 3.) 2. A kind of short boot with the letter C 
 OH the front of the foot. (Juv. vii. 192 ; Cic. P/iil. 
 xiii. 13.) This C is generally supposed to mean 
 '■r/ttuiH, and to refer to the original number of 100 
 (ci iiliim) senators. 3. The right of sitting in the 
 iirchestra in the theatres and amphitheatres. This 
 klistiuction was first procured for the senators by 
 Scipio Africanus Major, 194 B.C. (Liv. xxxiv. 54 ; 
 Cic. jiro Clucnt. 47.) The same honour was grant- 
 ed to the senators in the reign of Claudius at the 
 games in the circus. (Suet. Clciiid. 21 ; Dion Cass. 
 Ix. 7.) 4. On a certain day in the year a sacrifice 
 was offered to Jupiter in the capitol, and on this 
 occasion the senators alone had a feast in the 
 capitol ; the right was called the jus puUwe epti- 
 l.iiiili. (Gellius, xii. 8 ; Suet. Aiy. 35.) 5. The 
 jus libera^. Icgaiionis. [Leuatus, p. 55().] [L. S.] 
 SENATUSCONSULTUM. In his enumera- 
 tion of the parts of the Jus Civile, Cicero includes 
 Senatusconsulta ( Top. 5), from which it appears that 
 in his time there were Senatusconsulta which were 
 laws. Numerous Leges properly so called were 
 enacted in the reign of Augustus, and Leges pro- 
 perly so called were made even after his time. It 
 was under Augustus however that the Senatus- 
 considta began to take tlie place of Leges properly 
 so called, a change which is also indicated by the 
 fact that until his time the Senatusconsulta were 
 not designated by the names of the Consuls or by any 
 other personal name, so fiu' as we have evidence. 
 But from that time we find the Senatusconsulta 
 designated either by the name of the Consuls, as 
 Apronianum, Silanianum, or from the name of the 
 Cae sar, as Claudianum, Neroniantnn ; or they are 
 designated as made " auctore " or " ex auctoritate 
 Hadriani," &c., or " ad orationem Hadriani," &c. 
 The name of the Senatusconsidtum Macedoiiianum 
 is an exception, as will afterwards appear. 
 
 Senatusconsulta were enacted in the Republican 
 period, and some of them were laws in the proper 
 sense of the term, though some modern writers have 
 denied this position. But the opinion of those who 
 deny the legislative power of the Senate during the 
 Republican period is opposed by facts. An ttttempt 
 has sometimes been made to support it by a pas- 
 
 sage of Tacitus (" tum primum e campo Comitia ad 
 patres translata sunt," Ann. i. 15), which only 
 refers to the elections. It is difficult however to 
 determine how far the legislative power of the Se- 
 nate extended. A recent writer (Walter, Ges- 
 chichte dcs Horn. Redds, 437) observes " that the 
 Senatusconsulta were an important soiu'ce of law 
 j for matters which concerned administration, the 
 maintenance of Religion, the suspension or repeal 
 of laws in the case of urgent public necessity, the 
 rights of the Aerarium and the Publicani, the 
 j treatment of the Italians and the Provincials. (Liv. 
 xxvi. 34 ; xxxix. 3 ; xli. 9.)" The following are 
 j instances of Senatusconsulta under the Republic : 
 a Senatusconsultiim " ne quis in urbe sepeliretur 
 the Senatusconsultum de Bacchanalibus hereafter 
 more particularly mentioned ; a Senatusconsultum 
 de Libertinorum tribu (Liv. xlv. 15); a Senatus- 
 considtum de Sumtibus at the Megalenses ludi 
 (Uell. ii. 24) ; a Senatusconsidtum " ne homo im- 
 molaretur" (Plhi. //. N. xxx. 1); a Senatuscon- 
 sultum de provinciis Quaestoriis ; a Senatuscon- 
 sultum made iVI. TuUio Cicerone referente to the 
 effect, " ut legationum liberarum tempus annuum 
 esset ; " various Senatusconsulta de collcgiis dissol- 
 vendis ; an old Senatusconsultum, " Senatuscon- 
 sultum vetus ne liceret Africanas (hcsiias) in 
 Italiam advehere," which was so far repealed by a 
 Plebiscitum proposed by Cn. Auiidius, Tribunus 
 Plebis, that the importation for the purpose of the 
 Circenses was made legal (Plin. //. A', viii. 17) ; 
 an old Senatusconsultum by which " quaestio (ser- 
 vorum) in caput domirii prohibebatur" (Tacit. Ann. 
 ii. 30), a rule of law which Cicero ( jiro iMilon. 
 22) refers to Mores as its foundation. Erom these 
 instances of Senatusconsulta made in the Republi- 
 can period we may collect in a general way the 
 kind of matters to which this form of legislation 
 applied. The constitution of the Senate was such 
 as to gradually bring within the sphere of its legis- 
 lation all matters that pertained to religion, police, 
 administration, provincial matters, and all foreign 
 relations. And it seems that the power of the 
 Senate had so far increased at the time of the ac- 
 cession of Augustus that it was no great change to 
 make it the only legislating body. Pomponius (Dig. 
 1. tit. 2. s. 2), though his historical evidence must 
 be received with caution, states the matter in a way 
 which is generally consistent with what we other- 
 wise know of the progress of Senatorial legislation : 
 " As the plebs found it difficult to assemble, &c., 
 it was a matter of necessity that the administra- 
 tion of the State came to the Senate : thus the 
 Senate began to act, and whatever the Senate had 
 determined {coiistitiiisset) was observed [obscrva- 
 hatur), and law so made is called Senatuscon- 
 sultum." 
 
 The Senatusconsultum was so named because 
 the Consul (</««' rctidit) was said " Senatiim cou- 
 sulere :" "• Marcivs L. F. S. Postvmivs L. F. Cos. 
 Senatvm Consolvervnt." (Senatusconsultum de 
 Bacchanalibus.) In the Senatusconsultum De 
 Philosophis et De Rhetoribus (Gell. xv. 11), the 
 Praetor " consuluit." In the enacting part of a Lex 
 the Populus were said "jubere," and in a Plebis- 
 citum " scire in a Senatusconsultum the Senate 
 was said censcre :" " De Bacchanalibvs, &c., ita 
 exdeicendvm censvere." (S. C. de Bacch.) In the 
 Senatusconsulta of the time of Augustus cited by 
 Frontinus {do Aquacduclibus Romae, ii.), the plirase 
 which folio ws " censuere " is sometimes " placere 
 
856 SENATUSCONSULTUM. 
 
 SENATTTSCONSULTUM. 
 
 huic ordini." In Tacitus the verb "censere" is 
 also applied to the person who made the motion for 
 a Senatusconsultura. (Ann. iv. 20.) Sometimes 
 the term "arbitrari" is used (Dig. KJ. tit. 1. s. 2); 
 and Gains (i. 4), writing under the Antonines 
 applies to the Senate, the terms which originally 
 denoted the legislative power of the Populus : 
 " Senatus jubct atque constituit ; idque legis vicem 
 optinet, quamvis fuit quaesitum." 
 
 The mode in which the legislation of the Senate 
 was conducted in the Imperial period is explained 
 in the article Oratioxes Princii'Um. 
 
 Certain fonns were observed in drawing up a 
 Senatusconsultum, of which there is an example in 
 Cicero {Ep. ad Div. viii. 8) : " S. C. Auctoritates 
 (for this is the right reading) Pridie. Kal. Octob. 
 in Aede ApoUinis, scribendo adfuerunt L. Uomi- 
 tius Cn. Filius Ahenobarbus, &c. (^uod M. Marcel- 
 lus Consul V. F. (verba feat) de prov. Cons. D. E. 
 R. I. C. {jle ca re ita ccjisuerunt Uti, "-J'c)" The 
 preamble of the Senatusconsultum de Bacchanalibus 
 is similar, but the names of the consuls come at the 
 beginning and the word is "■ consolvervnt :" the 
 date and place are also given ; and the names of 
 those qui scribendo adfuerunt (SC. ARF. in the 
 Inscription). The names of the persons who were 
 witnesses to the drawing up of the Senatuscon- 
 sultum were called the " auctoritates," and these 
 auctoritates were cited as evidence of the fact of 
 the persons named in them having been present 
 at the drawing up of the S. C. (" id quod in auc- 
 toritatibus praescriptis extat," Cic. De Or. i. 2) ; 
 from which passage, and from another (Cic. Ep. ad 
 Div. v. 2 ; " illud S. C. ea praescriptione est") in 
 which Cicero refers to his name being found among 
 the auctoritates of a S. C. as a proof of his friend- 
 ship to the person whom the S. C. concerned, it is 
 certain that " praescribo" in its various forms is 
 the proper reading in these SenatusConsulta. 
 (Compare the similar use of Praescriptio in Ro- 
 man Pleadings, TPk-aescriptio].) There can be 
 no doubt that certain persons were required to be 
 present " scribendo," but others might assist if 
 they chose, and a person in this way might testify 
 his regard for another on behalf of whom or with 
 reference to whom the S. C. was made. (" Cato 
 autem et scribendo adfuit," &:c. Cic. Bp. ad Att. 
 vii. 1.) Besides the phrase " scribendo adesse," 
 there are "• esse ad scribenduni" (Cic. ad Att. i. 19), 
 and " poni ad scribendum" (as to which see the 
 curious passage in Cicero, ad Div. ix. 15). When 
 a S. C. was made on the motion of a person, it was 
 said to be made " in sententiam ejus." If the 
 S. C. was carried, it was written on tablets and 
 placed in the Aenuium : the S. C. de Bacchanalibus 
 provides that it shall be cut on a bronze tablet, but 
 this was for the purpose of its being put up in a 
 public place wliere it could be read (vbci /acilivmed 
 ynoseier potisii). 
 
 A measure which was proposed as a Senatuscon- 
 sultum might be stopjjed by the Intercessio of the 
 Tribunes, and provision was sometimes made for 
 further proceeding in such case : "si quis huic 
 senatusconsulto intercesserit senatui placere auctori- 
 tatera perscribi (praescribi) et de ea re ad senatum 
 populumque referri." (Cic. ad Div. \m. 8.) This 
 explains one meaning of Senatus auctoritas, which 
 is a Senatusconsultum which has been proposed 
 and not carried, and of whidi a record was kept 
 with the "auctoritates eoruni qui scribendo ad- 
 fuerunt." In one passage Cicero calls a S. C. which 
 
 had failed owing to an Intercessio, an Auctoritas 
 (ad Div. i. 7 ). One meaning of Auctoritas in fact 
 is a S. C. proposed, but not yet earned ; and this 
 agrees with Livy (iv. 57): "Si quis intercedat Sto, 
 auctoritate se fore contentum." If Senatus auctoritas 
 occasionally appears to be used as equivalent to 
 Senatusconsidtum, it is an improper use of the 
 word, but one which presents no difficulty if we 
 consider that the names which denote a tiling in 
 its two stages are apt to be confounded in popular 
 language, as with us the words Bill and Act. In 
 its general and original sense Senatus Auctoritas 
 is any measure to which a majority of the Senate 
 has assented. (See the note of P. Manutius on 
 Cic. ad Div. v. 2.) 
 
 The proper enacting word in the Senatusconsulta 
 is "censeo," but the word "decemo" was also 
 used in ordinary language to express the enacting 
 of a Senatusconsultum. (Cic. ud Div. viii. 8 ; Senor 
 ius decrevit ut S(c. ad Att. i. 19.) But a Senatus- 
 consultum, which was a law in the proper sense of 
 the term, is not called a Decretum, which was a 
 rule made by the Senate as to some matter which 
 was strictly within its competence. The words 
 Decretum and Senatusconsultum are often used 
 indiscriminately and with little precision. (Gell. ii. 
 24.) (See AeUus Uallus, apiul Festum, s. v. Senatus 
 Deeretum, and Decretum.) 
 
 The fonns of the Senatusconsulta are the best 
 evidence of their character. The following are 
 some of the principal Senatusconsulta which are 
 preserved : the Senatusconsultum de Tiburtibus, 
 printed by Gruter and others ; the Senatusconsul- 
 tum de IJacchanalibus ; the Senatusconsultmu in 
 the Letter of Cicero already referred to ; Cic. J'lii- 
 lipji. V. 13; Gelhus, xv. 11 ; the six Senatuscon- 
 sidta about the Roman Aqueducts in the second 
 book of Frontinus de Aquaeductibus ; the Senatus- 
 consultum about the Aphrodisienses (Tacit. Ann. 
 lii. G2 ; Tacit. Oberlin. ii. 835) ; the oration of 
 Claudius (Tacit. Atm. xi. 24 ; Tacit. OberUn. ii. 
 80(i); the various Senatusconsulta preserved in 
 the Digest, which are mentioned in a subsequent 
 part of this article. See also the Senatusconsultum 
 printed in Sigonius, " De Antique Jure Provincia- 
 rum," i. 288. 
 
 The following list of Senatusconsulta contains 
 perhaps all of them which are distinguished by 
 the name of a consul or other distinctive name. 
 Numerous Senatusconsulta under the Empire are 
 referred to in the Latin writers, for which we find 
 no distinctive name, though it is probable that all 
 of them had a title like the Leges, but many of 
 them being of Uttle importance were not "auch re- 
 ferred to or cited, and thus their names were for- 
 gotten. Tacitus, for instance, often speaks of S. C. 
 without giving their names, and in some cases we 
 are able to affix the titles from other authorities. 
 Many of the Imperial Senatusconsulta were merely 
 amendments of Leges ; but they were laws in the 
 proper sense of the word. 
 
 Some of the Senatusconsulta of the Republican 
 period were laws, as already observed, but others 
 were only determinations of the Senate, which 
 became Leges by being carried in the comitia. 
 Such S. C. were really only auctoritates. One 
 instance of this kind occurred on the occasion of 
 the trial of Clodius for violating the mysteries of 
 the Bona Dea. A rogatio on the subject of the 
 trial was proposed to the Comitia ex Senatuscon- 
 sulto (Cic. aU Att. i. 14) ; which is also spoken of 
 
I 
 
 SENATUSCONSULTUM. 
 
 as the Auctoritas of the Senate, and as " quod ab 
 Senatu Constitutiun " (the word of Gains, i. 4). 
 Apronianum, probably enacted in the time of 
 ' Hadrian, empowered all Civitates which wore 
 within the Roman Imperium to take a hdeicom- 
 missa hereditas. This Senatusconsultum is cited 
 by Ulpian {Fra<j. tit. 22) without the name, but 
 
 ■ it appears from comparing Ulpian with the Digest 
 (30. tit. 1. s. 2(i) to be the Senatusconsidtum 
 
 I Apronianum. A Senatusconsultum also allowed 
 Civitiites or Municipia, which were legally con- 
 - sidered as Universitates, to be appointed heredes 
 , by their liberti or libertae. Ulpian speaks of this 
 
 ■ Senatusconsultum in the passage referred to, im- 
 mediately before he speaks of that Senatuscon- 
 sidtum which we know to be the Apronianum, 
 and it appears probable that the two Senatus- 
 
 ! consulta were the same, for their objects were 
 : similar and they are mentioned together without 
 
 ■ any indication of their being different. This last 
 ; mentioned provision is also mentioned in the 
 I Digest (3H. tit. 3) as being contained in a Sena- 
 I tusconsultmii which was posterior to the Trebelli- 
 
 • anum, but the name is not given in the Digest. 
 I Under this provision a Municipium could obtain 
 •, the Bonorum Possessio. Bachius {Hisioria Juris- 
 •■ prmlentiac Romanac) assigns this Senatusconsultum 
 
 to the reign of Trajan. But it appears to belong 
 I to the time of Hadrian, and to be the same S. C. 
 ' which allowed Civitates to take a legacy. (Ulp. 
 Fnuj. tit. 24.) 
 
 AuTicuLEiANUM gave the Praeses of a Province 
 jiuisdiction in the case of fideicomraissa libertas, 
 I even when the heres did not belong to the Pro- 
 vince. The heres could be compelled to give the 
 
 • libertas which was the subject of the fideicommis- 
 I sum. (Manumissio, p. 595; Dig. 40. tit. 5. s. 44. 
 
 51.) 
 
 De Bacchanalibus. This Senatusconsultum, 
 which is sometimes ciiUed Marcianmn, was passed 
 . in the year B.C. lUb'. The terms of it are stated 
 1 generally by Livy (xxxix. 18), and may be com- 
 : pared with the original Senatusconsultum which is 
 I printed in the edition of Livy by Drakenborch, and 
 in that by J. Clericus, Amsterdam, 1710. There 
 is a dissertation on this Senatusconsultum by 
 Bynkershoek {Da Cultu, lidiymnis Pereyrinae apud 
 Viiercs Ronuiiios, Oji. i. 412), who has pruited the 
 Senatusconsultum and commented upon it at some 
 length. The provisions of this Senatusconsultum 
 are stated generally under Diunysia, p. 344. 
 There is no ancient authority, as it appears, for the 
 name Marcianum, which has been given to it from 
 the name of one of the Consuls who proposed it, 
 and in accordance with the usual titles of S. C. in 
 the Imperial period. 
 
 Calvitianum. (Ulpian, Fra<j. tit. xvi ; Julia 
 ET Pai'ia Poppaea Lex, p. 53G.) 
 
 Claudianum passed in the time of the Emperor 
 Claudius, reduced a free woman to the condition of 
 a slave (auciUa) if she cohabited with the slave of 
 anotlier person, after the master had given her no- 
 tice that he would not permit it. But if a woman, 
 who was a Roman citizen, cohabited with a slave 
 . with the consent of the slave's master, she might 
 ' by agreement with the master remain free and yet 
 any child bom from this cohabitation would be a 
 
 ■ slave ; for the Senatusconsultum made valid any 
 agreement between the free woman and the slave's 
 master, and by such agreement the woman was re- 
 lieved from the penalty of tlie Senatusconsultum. 
 
 SENATUSCONSULTUM. 857 
 
 But Hadrian, being moved thereto by a considera- 
 tion of the hardship of the case and the incongruity 
 of this rule of law (^mcleijantki jaris) restored the 
 old nde of the Jus Gentium, according to which 
 the woman continuing free was the mother of a 
 free child. 
 
 A difficulty arose on the interpretation of this 
 Senatusconsultum for which the words of the law 
 had not provided. If a woman, who was a Roman 
 citizen, was with child, and became an ancilla 
 pursuant to the Senatusconsultum in consequence 
 of cohabiting with a slave contrary to the master's 
 wish, the condition of the child was a disputed 
 matter : some contended that if the woman had 
 become pregnant in a legal marriage, the child was 
 a Roman citizen, but if she had become pregnant 
 by illicit cohabitation, the child was the property 
 of the person who had become the master of the 
 mother. [Servus (Roman).] 
 
 There is an apparent ambiguity in a passage of 
 Gains (i. 8()) in which he says, "but that rule 
 of the same Lex is still in force, by which the issue 
 of a free woman and another man's slave is a slave, 
 if the mother knew that the man with whom she 
 cohabited, was a slave." The Lex of which he 
 speaks, is the Lex Aelia Sentia. The exception 
 in the Senatusconsultum of Claudius applied to the 
 case of a compact between a free woman and the 
 master of the slave, which compact implies that 
 the woman must know the condition of the slave, 
 and therefore according to the terms of the Lex 
 the issue would be slaves. But Gains says (i. 84) 
 that under this Senatusconsultum the woman might 
 by agreement continue free and yet give birth to a 
 slave ; for the Senatusconsultum gave validity to 
 the compact between the woman and the master of 
 the slave. At hrst sight it appears as if the 
 Senatusconsultum produced exactly the same effect 
 as the Lex with respect to the condition of the 
 child. But this is explained by referring to the 
 chief provision of the Senatusconsultum, which 
 was that cohabitation with a slave " invito ct de- 
 nuntiante domino" reduced the woman to a servile 
 condition, and it was a legal consequence of this 
 change of condition that the issue of her cohabita- 
 tion must be a slave. The Lex Aelia Sentia had 
 already declared the condition of children born of 
 the union of a free woman and a slave to be ser- 
 vile. The Senatusconsultum added to the penalty 
 of the Lex by making the mother a slave also, un- 
 less she cohaljited with the consent of the master, 
 and thus resulted that " inelegantia juris" by 
 which a free mother could escape the penalty of 
 the Senatusconsultum by her agreement and yet 
 her child must be a slave pursuant to the Lex. 
 Hadrian removed this inelegantia by declaring that 
 if the mother notwithstanding the cohabitation es- 
 caped from the penalties of the Senatusconsultum 
 by virtue of her compact, the child also should 
 have the beneht of the agreement. The Senatus- 
 consultum only reduced the cohabiting woman to 
 a servile state when she cohabited with a man's 
 slave "invito et denuntiante dommo: " if she co- 
 habited with him, knowing him to be a slave, 
 without the knowledge of the master, there could 
 be no denuntiatio, and this case, it appears, was 
 not affected by the Senatusconsultum, for Gains 
 observes, as above stated (i. 86), that the Lex had 
 still effect and the offspring of such cohabitation 
 was a slave. The fact of this clause of the Lex 
 renuiining in foi'ce after the enacting of the Sena- 
 
 ll 
 
858 SENATUSCONSULTUM. 
 
 SENATUSCONSULTUM. 
 
 tuscoiisultum, appears to be an instance of the 
 strict interpretation which the Roman Jurists ap- 
 plied to positive enactments ; for the Senatuscon- 
 sultum of Hadrian as stated by Uaius only applied 
 to the case of a contract between the master's 
 slave and the woman, and therefore its terms did 
 not comprehend a case of cohabitation when there 
 was no compact. Besides this if a free woman 
 cohabited with a man's slave either without the 
 knowledge of the master or with his knowledge, 
 but without the "denuntiatio," it seems that this 
 was considered as if the woman simply indulged in 
 promiscuous intercom'se {ruhjo concepit), and the 
 mother being free, the child also was free by the 
 Jus Gentium till the Lex attempted to restrain 
 such intercourse by working on the parental affec- 
 tions of the mother, and the Senatusconsultum by 
 a direct penalty on herself. There was a "juris 
 inelegantia" in a free woman giving birth to a 
 slave, but this was not regarded by Hadrian, who 
 was struck by the inelegantia of a woman by com- 
 pact being able to evade the penaltj- of the Sena- 
 tusconsultum while her child was still subject to 
 the penalty of the Lex. 
 
 This Senatusconsultum was passed A. D. 52, and 
 is mentioned by Tacitus, but the terms in which 
 he expresses himself do not contain the true mean- 
 ing of the Senatusconsultum, and in one respect, 
 "sin consensisset dominus, pro libertis haberentur," 
 they differ materially fi-om the text of Uaius, unless 
 the reading "libertis" should be " liberis." (See 
 the notes onTacitus,yl;;n.xii.53. ed.Uberlin.) It ap- 
 pears however from a passage in Paulus {S. R. iv. 
 tit. 10), that a woman, in some cases which are not 
 mentioned by him, was reduced to the condition of 
 a liberta by the Senatusconsultum ; a circumstance 
 which continns the accuracy of the text of Tacitus, 
 but also shows how very imperfectly he has stated 
 the Senatusconsultum. Suetonius ( le.^). 11) at- 
 tributes the Senatusconsultum to the reign of Ves- 
 pasian, and expresses its eil'ect in tenns still more 
 general and incorrect than those of Tacitus. Such 
 instances show how little we can rely on the 
 Roman historians for exact infoi-mation as to 
 legislation. 
 
 It appears from Paulus that the pro\-isions of 
 this Senatusconsultum are stated very imperfectly 
 even by Gains, and that they applied to a great 
 number of cases of cohabitation between free wo- 
 men, whether Ingenuae or Libertinae, and slaves. 
 
 This Senatusconsultum was entirely repealed by 
 a Constitution of Justinian. Some writers refer 
 the words " ea lege "' (Gaius, i. 85) to the Senatus- 
 consultum Claudianum, and they must consequently 
 refer the words "ejusdcm legis" (Gaius, i. 86) also 
 to this Senatusconsultum; but the word "lex" in 
 neither case appears to refer to the Senatusconsul- 
 tum, but to the Lex Aelia Sentia. 
 
 "(Gains i. 84. 86. 91. 160 ; Ulp. Frag. tit. xi; 
 Cod. 7. tit. 24 ; Paulus, S. R. ii. tit. 21.) 
 
 There were several other Senatusconsulta Clau- 
 diana, of which there is a short notice in Jo. Au- 
 gusti Bachii Historia Jurisprudentiae Romanae. 
 
 Dasuiuianum, passed in the reign of Trajan, 
 related to Fideicommissa Ubertas. (Dig. 40. tit. 5. 
 s. 51.) 
 
 Hadriani Senatusconsulta. Numerous se- 
 natusconsulta were passed in the reign of Hadrian, 
 but there does not appear to be any which is called 
 Hadrianum. Many Senatusconsulta of this reign 
 are referred to by Gains as " Senatusconsulta auc- 
 
 toro Iladriano facta," i. 47, &c., of which there is 
 a list in the Index to Gaius. The Senatusconsulta 
 made in the reign of Hadrian are enumerated by 
 Bachius, and some of them are noticed here under 
 their proper designations. 
 
 J UNCI AN UM, passed in the reign of Coramodus, 
 related to Fideicommissa Libertas. (Dig. 40. tit. 5. 
 s. 28. 51.) This Senatusconsultum is preserved in 
 one of the passages of the Digest referred to. 
 
 JuNiANUM, passed in the time of Domitian, in 
 the tenth consulship of Domitian, and in the con- 
 sidsliip of Ap. Junius Sabinus, A. D. 84, had for its 
 object to prevent collusion between a master and 
 his slave, by which the slave should be made to 
 appear to be as a free man. The person who dis- 
 covered the collusion obtained the slave as his pro- 
 perty. (Dig. 40. tit. 16.) 
 
 Largianum, passed in the first year of the Em- 
 peror Claudius, A. D. 42, gave to the children of a 
 Manumissor, if they were not exheredated by name, 
 a right to the bona of Latiui in preference to 
 Extmnei heredes. (Patronus, p. 731 ; Gaius, iii. 
 63 — 71 ; /«>■<. 3. tit. 7. s. 4 ; Cod. vii. tit. 6.) 
 
 LiBONiANUM, passed in the reign of Tiberius, in 
 the consulship of T. Statilius Taurus and L. Scribo- 
 nius Libo, a. d. 16, contained various provisions, 
 one of which was to the effect that if a man wrote 
 a will for another, every thing which he wrote in 
 his own favour was void : accordingly he could not 
 make himself a tutor (Dig. 26. tit. 2. s. 29), nor 
 heres or legatarius (Dig. 34. tit. 8). This Senatus- 
 consultum contained other provisions and it ap- 
 pears to have been an extension of the Lex Cornelia 
 de Falsis. [Falsum.] See also Cull. Ley. M. & 
 R. viii. 7. 
 
 Macedonianum, enacted a. d. 46, provided 
 that any loan of money to a filiusfamilias could not 
 be recovered even after the death of the father. 
 The Senatusconsultum took its name from Macedo, 
 a notorious usurer, as appears from the terms of 
 the Senatusconsultum which is preserved (Dig. 
 14. tit. 6). Theophilus {Paniphr. Inst.) states in- 
 correctly that the Senatusconsultum took its name 
 from a filiusfamilias. The provision of the Senatus- 
 considtum is cited by Tacitus {Ann. xi. 13), but 
 in such tenns as might lead to ambiguity in the 
 interpretation of the law. Suetonius {J'csp. 11) 
 attributes this Senatusconsultum to the time of 
 Vespasian ; but he states its provisions in less 
 ambiguous terms than Tacitus. 
 
 Memmianu.m. This name is soraetims given to 
 the Senatusconsultum, passed in the time of Nero, 
 the tenns of which are preserved by Tacitus {Ann. 
 XV. 19) : " ne sinudata adoptio in uUa parte 
 muneris publici juvaret, ac ne usurpandis quidem 
 hereditatibus prodesset." The object of this Se- 
 natusconsultum was to prevent the evasion of the 
 Lex Julia et Papia Poppaea. [Julia kt Pap. 
 Pop. Lex.] It is sometimes referred to the con- 
 sulship of C. Memmius Regulus and Vii'ginius 
 Rufus A. D. 63, but it appears to belong to the 
 preceding year. See Dig. 31. s. 51, and 35. tit. 1. 
 s. 76. 
 
 Neronianum de Legatis, the provisions of 
 which are stated in the article Legatuji. (Gaius, 
 ii. 157, 198. 212. 218. 220. 22 ; Ulp. Frag. 
 xxiv.) 
 
 Neronianum, also called Pisonianum, from 
 being enacted in the considship of Nero and L. 
 Calpurnius Piso, A. u. 57. It contained various 
 provisions: " Ut si quis a suis servis interfectus 
 
SENATUSCONSULTUM. 
 
 SENATUSCONSULTUM. 859 
 
 ll esset, ii quoque, qui testamciito manumissi sub 
 
 » eodem tecto iiiansisscnt, inter servos supplicia 
 
 [ penderent" (Tacit. Ann. xiii. 32) : "Ut occisa 
 
 t uxore etiam de familia viri quaestio habeatur, 
 
 J: idemque ut juxta uxoris faiuiliam observetur, si 
 
 'i vir dicatur occisus" (Paulus, S. R. iii. tit. 5, who 
 
 \ gives in sul)stance also tlie provision mentioned by 
 
 \ Tacitus, but adds : " Sed et hi torcjuentur, qui 
 
 i cum occiso in itinera fuerunt") : " Ut, si poenae 
 
 • obnoxius servus venisset, quandoque in eum ani- 
 
 i inadversum esset, venditor pretium praestaret." 
 
 I (Dig. ■29. tit. 5. s. 8.) 
 
 i Okphitianum enacted in the time of M. Aure- 
 
 I lius (Capitol, in vita, 1 1 ) that the legitima hereditas 
 
 I of a mother who had not been in manu, might 
 
 , come to her sons to the exclusion of the consan- 
 
 I guinei and other agnati. The name Orphitianum 
 
 j is supplied by Paulus {S. R. iv. tit. 10), and the 
 Digest (38. tit. 17); the enactment was made in 
 
 j the consulship of V. Rufus and C. Orphitus. (Inst. 
 
 I 3. tit. 4.) 
 
 I Paulus (iv. tit. 14) speaks of rules relating to 
 manumission being included in a Senatusconsul- 
 
 j turn Orphitianum. [Hekes.] This Senatuscon- 
 
 i sultum was made in the joint reign of M. Aui-elius 
 
 I and Commodus. (Impp. Anton, et Commodi ora- 
 
 I tione in senatu recitata, Ulp. Frag. tit. xxvi.) See 
 
 ; OrATIONES PrINCII'UM. 
 
 ; Pegasianum was enacted in the reign of Vespa- 
 i sian, Pegasus and Pusio being Consules (Suffecti?) 
 '. in the year of the enactment. (Inst. ii. tit. 23 ; 
 J Gaius, ii. 254, &c.) The provisions of this Sena- 
 ; tusconsultum are stated under Fidbicommissa 
 and Legatum. This Senatusconsnltum, or an- 
 other of the same name, modified a provision of 
 the Lex Aelia Sentia as to a Latinus becoming a 
 Uomanus. (Gaius, i. 31.) 
 
 Persicianum, which may be the correct form 
 instead of Pernicianum, was enacted in the time of 
 Tiberius a. d. 34, and was an amendment of the 
 Lex Julia et Papia Poppaea. (Compare Julia et 
 Pai'. Pop. Lex ; Ulp. tyag. tit. xvi. ; Sueton. 
 
 <:/««(/. 23.) 
 
 PlSONIANUM. [NeRONIANUM.] 
 
 Plancianum, of uncertain date, is by some 
 writers assigned to the time of Vespasian. The 
 Lex Julia Papia et Poppaea apparently contained 
 a provision by which a tideiconnuissum was forfeit- 
 ed to the Fiscus, if a heres or legatarius engaged 
 himself by a written instrument or any other secret 
 mode to pay or give the tideicommissum to a person 
 wlio was legally incapable of taking it. (Dig. 30. 
 s. 103 ; 34. tit. 9. s. 10. 18 ; 49. tit. 14. s. 3.) 
 Such a Fideicomraissum was called Taciturn, and 
 when made in the way described was said to be 
 " in fraudcm legis," designed to evade the law. If 
 it was made openly (paluni), this was no fraus, 
 and though the hdeicommissum might be invalid 
 on account of the incapacity of the tideicommis- 
 sarius to take, the penalty of the lex did not apply. 
 It does not appear certain whether this provision 
 as to the confiscation was contained in the original 
 Lex or added by some subsequent Senatusconsnl- 
 tum. However this may be, the fiduciarius still 
 retained his Quarta. But a Senatusconsultmn men- 
 tioned by Ulpian (Frag. tit. xxv.s. 17) enacted that 
 if a man undertook to perform a tacitum tideicom- 
 missum, he lost the Quadrans or Quarta [Fidei- 
 cojimissum], nor could he claim what was 
 Caducum under the Testiuuenta, which as a general 
 rule he could claim if he had children. [Legatum ; 
 
 Bona Caduca.] This Senatusconsnltum, it ap- 
 pears from an extract in the Digest (35. tit. 2. 
 s. 59), was the Plancianum, or Plautianum, for 
 the reading is doubtful ; and in this passage it is 
 stated that the Fourth, which the Fiduciarius was 
 not allowed to retain was claimed for the Fiscus 
 by a Rescript of Antoniiuis Pius. Tile penalty for 
 the fraud only applied to that part of the property 
 to which the fraud extended, and if the heres was 
 heres in a larger share of the hereditas than the 
 share to which the fraus extended, he had the 
 benefit of the Falcidia for that part to wliich the 
 fraus did not extend, which is thus expressed by 
 Papinian (Dig. 34. tit. 9. s. 11), " sed si major 
 modus institutioiiis quam fraudis fuerit quod ad 
 P^alcidiam attinet, de superfluo quarta retinebitnr." 
 The history of legislation on the subject of Tacita 
 fideicommissa is not altogether free from some 
 doubt. 
 
 Plautianum. [Plancianum.] 
 Rubrianum, enacted in the time of Trajan, in 
 the consulship of Rubrius Gallus and Q. Coelius 
 Hispo, a. D. 101, related to fideicommissa libertas. 
 Its terms are given in the Digest (40. tit. 5. s. 26): 
 " Si hi a quibus libertatem praestari oportet evocati 
 a Praetore adesse noluissent, Si causa cognita Prae- 
 tor pronuntiasset libertatem his deberi, eodem jure 
 statum servari ac si directo manumissi essent." 
 Compare Plin. Ep. iv. 9. ad Ursum with the pas- 
 sage in the Digest. 
 
 Sabinianum, of uncertain date, but apparently 
 after the time of Antoninus Pius. It related to 
 the rights of one of three brothers who had been 
 adopted, to a portion of the hereditas contra tabulas 
 testamenti. (Cod. 8. tit. 48. s. 10 ; Inst. iii. tit. 1.) 
 
 Silanianum, passed in the time of Augustus in 
 the consulship of P. Cornelius Dolabella and C. 
 Junius Silanus a. d. 1 0, contained various enact- 
 ments. It gave freedom to a slave who discovered 
 the murderer of his master. If a master was mur- 
 dered, all the slaves who were under the roof at the 
 time, if the murder was connnitted under a roof, or 
 who were with him in any place at the time of the 
 murder, were put to the torture, and, if they had 
 not done their best to defend him, were put to 
 death. Tacitus (Ann. xiv. 42) refers to this provi- 
 sion of the Senatusconsultum, and he uses the 
 phrase " vetere ex more." Lipsius (note on this 
 passage) refers to Cicero. (Fp. ad iJiv. iv. 12.) 
 Servi Impuberes were excepted from this pro- 
 vision of the Senatusconsultum. (Dig. 29. tit. 
 5. s. 14.) The heres who took possession of 
 the hereditas of a murdered person before the 
 proper inquiry was made, forfeited the hereditas, 
 which fell to the Fiscus : the rule was the same 
 whether being heres ex testamento he opened the 
 will (tabulae iedamcuti) before the inquiry was 
 made, or whether being heres ab intestato, he 
 took possession of the hereditas (adiit /leredi- 
 laiem) or obtained the Bonomm Possessio ; he 
 was also subjected to a heavy pecuniary penalty. 
 A Senatusconsultum passed in the consulship of 
 Taurus and Lepidus A. D. II, enacted that the 
 penalty for opening the will of a murdered person 
 could not be inflicted after five years, except it was 
 a case of parricide to which this temporis praescrip- 
 tio did not apply. (Paulus, .S. R. iii. tit. 5 ; Dig. 
 29. tit. 5 ; Cod. vi. tit. 35.) 
 
 Tertullianuji is stated in the Institutes of 
 Justinian (iii. tit. 3) to have been enacted ui the 
 time of Hadrian, in the consulship of TertuUus and 
 
SCO SENATUSCONSULTUM. 
 
 SERICUM. 
 
 Sacerdos; but some critics, notwithstanding this, 
 would refer it to the time of Antoninus Pius. 
 Tliis Senatusconsultum empowered a motlier, whe- 
 ther Ingenua or Libertina, to talvc the Logitinia 
 heredit;is of an intestate son ; the Ingenuii, if she 
 was or luid been the mother of three children ; the 
 Libertina, if she was or had been the mother of 
 four children. They could also take, though they 
 neither were nor had been mothers, if they had 
 obtained the Jus Liberorum by Imperial favour. 
 Several persons however took precedence of the 
 mother ; the sui heredes of the son, those who 
 were called to the Bonorum Possessio as sui 
 heredes, the father, and the fniter consanguineus. 
 If there was a soror consanguine!i, she shared with 
 her mother. The Senatusconsultum Orpliitianura 
 gave the children a claim to the hereditas of the 
 mother. 
 
 (Ulp. Fniy. tit. xxvi ; Paulus, S. R. iv. tit. 9 ; 
 Dig. 3«. tit. 17.) 
 
 Tkebellianum, enacted in the time of Nero 
 in the consulship of L. Annaeus Seneca and Tre- 
 bellius Maximus A. D. (j2, related to Fideiconmiis- 
 sae hereditates. 
 
 (FiDEicoMMissuM ; Gaius, ii. 251. 253; Dig. 
 3G. tit. 1 ; Paulus, R. iv. tit. 2.) 
 
 TuRPiLiANUM, enacted in the time of Nero in 
 the consulship of Caesonius Paetus and Petronius 
 Turpillus A. D. 61, was against praevaricatio or the 
 collusive desisting from prosecuting a criminal 
 charge. The occasion of this Senatusconsultum 
 and the terms of it are stated by Tacitus {Ann. 
 xiv. 14): "qui talem operam emptitasset, vendi- 
 dissetvc, perinde poena teneretur ac publico judicio 
 calumniae condemnaretur." The definition of a 
 praevaricator is given in the Digest (4!!. tit. IG. s. 
 1. Ad Senatusconsultum TurjiU 'uinuin). 
 
 Vblleianum rendered void all intercessiones by 
 women, whether they were on behalf of males or 
 females. This Senatusconsultum was enacted in 
 the consulship of Marcus Silanus and VcUeius 
 Tutor, as appears from the preamble of the Sena- 
 tusconsultum (Dig. 1(). tit. 1), and it appears most 
 probably to have been passed in the reign of Claudius 
 from the words of Ulpian in his comment upon 
 it. In the article Intercessio, where this Se- 
 natusconsultum is mentioned, A. D. 10 seems to 
 be a misprint for A. D. 19. The name of Velleius 
 Tutor does not occur in the Fasti Consulares, and 
 he may be a consul sutfectus. The name of M. 
 Silaims occurs as consul in the reign of Claudius, 
 and the colleague of Valerius Asiaticus, a. d. 40. 
 (Dion Cass. Ix. 27.) [Intercessio.] In the year 
 A. D. 19, according to the Fasti a M. Silanus was 
 also consul; his colleague according to the Fasti 
 was L. Norbanus Bidbus, and this agrees with 
 Tacitus {Ann. ii. 59). 
 
 ViTRASiANUM is assigned to the reign of Ves- 
 pasian, but the time is very uncertain. It re- 
 lated to F'ideicommissa Libertas. (Dig. 40. tit. 5. 
 s. 30.) 
 
 VoLUSiANliM, enacted in the reign of Nero in 
 the consulship of Q. Volusius Saturninus and P. 
 Cornelius Scipio, A. D. SO. It contained a provi- 
 sion against pulling down a doraus or villa for the 
 sake of profit; but tlie object of this law seems 
 rather obscure : it is referred to, without the name 
 being given, in the Digest (18. tit. 1. s. 52. Scnatus 
 cciisuii, diK.). Tacitus (Ann. xiii. 2!i) mentions a 
 Senatusconsultum in this consulship which limited 
 the power of the Aediles : " quantum curules. 
 
 quantum plebeii pignoris caperent, vel poenae 
 irrogarent." A Senatusconsultum Volusianum (if 
 the name is right) enacted that persons should be 
 liable to the penalties of the Lex Julia de vi privata, 
 who joined in the suit of another person with the 
 barg-jun that they should share whatever was ac- 
 quired by the condemnatio. (Dig. 48. tit. 7. s. 6.) 
 
 [G. L.] 
 
 SENIO'RES. [CoMiTiA, p. 273.] 
 SEPTEMBER. [Calendar (Roman).] 
 SEPTEMVIRI EPULO'NES. [Epulones.] 
 SEPTIMO'NTIUM, a Roman festival which 
 was held in the month of December. It lasted 
 only for one day {dies Septimontiuni, dies Scptinton- 
 iialis). According to Festus, {s. v. Septimontium), 
 the festival was the same as the Agonalia; but 
 Scaliger in his note on this passage has shown 
 from Varro {de Ling. Lai. v. p. 58. Bip.) and from 
 , Tertullian {de Idolol. 10), that the Septimontium 
 must iiave been held on one of the last days of 
 December, wliereas the Agonalia took place on the 
 tenth of this month. The day of the Septimontium 
 was a dies feriatus for the montani, or the inhabit- 
 ants of the seven ancient hiUs or rather districts of 
 Rome, who offered on this day sacritices to the 
 gods in their respective districts. These sacra 
 {saem pro mmdibus, Fest. s. v. PtMica sacra) were, 
 like the paganalia, not sacra publica, but privata. 
 (Varro, I.e.; compare Sacra.) They were believ- 
 ed to have been instituted to commemorate the en- 
 closure of the seven hills of Rome within the walls 
 of the cit}', and must certainly be referred to a 
 time when the Capitoline, Quirinal, and Viminal 
 were not yet incorporated with Rome. (Compare 
 Columella, ii. 10 ; Haet. Domit. 4 ; Pint. Quaesl. 
 Rom. 68; Niebuhr, Hint, uf Rome, i. p. 389, &c.) 
 
 [L. S.] 
 
 SEPTUM. [CoMiTiA, p. 274.] 
 SEPTUNX. [As, p. 102.] 
 SEPULCRUM. [FuNus, p. 44].] 
 SERA. [Janua, p. 505.] 
 SE'RICUM {'XripiKov), silk, also called bom- 
 hyeinum. The first ancient author who attiirds 
 any evidence respecting the use of silk, is Aristotle 
 (//. A.y. 19). After a description, partially cor- 
 rect, of the metamoi-jfhoses of the silkworm {hrmliyx. 
 Martial, viii. 33), he intimates that the produce of 
 the cocoons was wound upon bobbins by women 
 for the purpose of being woven, and that Pamphilc, 
 daughter of Plates, was said to have first woven 
 silk in Cos. This statement authorizes the conclu- 
 sion, that raw silk was brought from the interior 
 of Asia and manufactured in Cos as early as the 
 fourth century B. c. From this island it appeiirs that 
 the Roman ladies obtained their most splendid 
 garments [Coa Vestis], so that the later poets 
 of the Augustan age, TibuUus (ii. 4), Propertius 
 (i. 2 ; ii. 1 ; iv. 2 ; iv. 5), Horace {Carm. iv. 1 3. 1 3 ; 
 Sat. i. 2. 101), and Ovid (Art. Amat. ii. 298), 
 adorn their verses with allusions to these elegant 
 textures, which were remarkably thin, sometunes 
 of a fine purple dye (Hor. //. cc), and variegated 
 with transverse stripes of gold. (Tibidl. ii. 6.) 
 About this time the Parthian conquests opened a 
 way for the transport into Italy of all the most 
 valuable productions of central Asia, which was 
 the supposed territory of the Seres. The appear- 
 ance of the silken flags attached to tlie gilt staiul- 
 ards of the Parthians in the battle fought in 54 
 B. c. (Floms, iii. 11 ), must have been a very strik- 
 ing sight for the army of Crassus. The inquiries 
 
SERICUM. 
 
 SERRA. 
 
 861 
 
 of the Romans respecting the nature of this beau- 
 tiful manufacture led to a very general opinion that 
 silk in its natural state was a thin fleece found on 
 trees. (Virg. Oeorg. ii. 1'21; Petron. 119; Seneca, 
 Hippol. 38() ; Festus A\ienus, 936 ; Sil. Ital. Pxm. 
 
 vi. 4 ; xiv. 664 ; xvii. 596.) An author, nearly 
 contemporary with those of the Augustan age 
 already quoted (Dionysius Periegetes, 755), cele- 
 brates not only tlie extreme fineness and the high 
 value, but also the flowered texture of these pro- 
 ductions. The circumstances now stated suffi- 
 ciently account for the fact, tliat after the Augustan 
 age we find no further mention of Coan, but only 
 of Svric webs. The rage for the latter increased 
 more and more. Even men aspired to be adorned 
 with silk, and hence the senate early in the reign of 
 Tiberius enacted " Ne vestis Serica viros foedaret." 
 (Tac. Ami. ii. 33 ; Dion Cass. Ivii. 15 ; Suidas, s. v. 
 
 In the succeeding reigns, we find the most 
 vigorous measures adopted by those emperors 
 who were characterized by severity of manners, 
 to restrict the use of silk, whilst Caligula and 
 others, notorious for luxury and excess, not only 
 encouraged it in the female sex, but delighted to 
 display it in public on their own persons. (Sueton. 
 CuHij. 52 ; Dion Cass. lix. 12 ; see also Jos. B. J. 
 
 vii. 5. § 4.) Shawls and scarves, interwoven 
 with gold and brought from the remotest East, 
 were accumulated in the wardrobe of the Empress 
 during successive reigns (Martial, xi. 9), until in 
 the year 176 Antoninus, the philosopher, in conse- 
 quence of the exhausted state of his treasury, sold 
 them by public auction in the Forum of Trajan 
 with the rest of the imperial ornaments. (Capitol. 
 in vita, n.) At this period we find that the 
 silken texture, besides being mixed with gold 
 (xpwfoTrao'Tos, xpwo'""^"?'), was adonied with em- 
 broidery, this part of the work being executed 
 either in Egypt or Asia Minor. {NUoiis, Maconia, 
 aciis, Lucan, x. 141 ; Seneca, Here. Oet. 664.) The 
 Christian authors from Clemens Alexandrinus 
 {Pacday. ii. 10) and Tertullian (</e PalUo, 4) 
 downwards discourage or condemn the use of silk. 
 Plutarch also dissuades the virtuous and prudent 
 wife from wearing it {Conj. Prace. p. 550. vol. vi. 
 ed. Reiske), although it is probable that ribands 
 for dressing the hair (Martial, xiv. 24) were not 
 uncommon, since these goods (Serica) were pro- 
 curable in the vicus Tuscus at Rome (xi. 27). 
 Silk thread was also imported and used for various 
 purposes. (Galen, IlepJ Aiayv. p. 533. vol. vi. ed. 
 Chartier.) 
 
 Although Commodus in some degree replenished 
 the palace with valuable and curious effects, in- 
 cluding those of silk (Capitol. Pcrtui. 8), this arti- 
 cle soon afterwards again becaine very rare, so that 
 few writers of the third century make mention of 
 it. When finely manufactured, it sold for its 
 weight in gold, on which account Aurelian would 
 not allow his empress to have even a single shawl 
 of purple silk (pallio hkdtco scrico, Vopisc. Aurcl. 
 45). The use of silk with a warp of linen or wool, 
 called traiofjscrica and subserica, as distinguished 
 from Iwloserica, was permitted under many restric- 
 tions. About the end, however, of the third cen- 
 tury, silk, especially when woven with a warp of 
 inferior value, began to be much more generally 
 worn both by men and women ; and the conse- 
 quence was that, in order to confine the enjoyment 
 of this lu.xury more entirely to the imperial family 
 
 and court, private persons were forbidden to en- 
 gage in the manufacture, and gold and silken bor- 
 ders (paraijandae) were allowed to be made only 
 in the imperial gj'uaecea. [Paragauda.] 
 
 The production of raw silk (juera^a) in Europe 
 w.as first attempted under Justinian, a. d. 530. 
 The eggs of the silkworm were conveyed tii liyzan- 
 tiuni i)i the hollow stem of a plant from "Serinda," 
 which was probably Khotan in Little Bucharia, by 
 some monks, who had learnt the method of hatch- 
 ing and rearing them. The wonns were fed with 
 the leaf of the Black or Common Mulberry ((ru/ca- 
 lUivoj. Procop. B. Grdh. iv. 17; Glycas, Ann. iv. p. 
 209 ; Zonar. Ann. xiv. p. 69. ed. Du Cange ; Phot. 
 ISil)l. p. 80. ed. Roth.). The cultivation both of 
 this species and of the White Mulberry, the breeding 
 of silk-worms, and the manufacture of their pro- 
 duce, having been long confined to Greece, were at 
 length in the twelfth century transported into 
 Sicily, and thence extended over the south of Eu- 
 rope. (Otto Frisingen, Hist. Imp. Fredcr. i. 33 ; 
 Man. Comnenus, ii. 8.) The progress of this im- 
 portant branch of industry was however greatly 
 impeded even in Greece both by sumptuary laws 
 restricting the use of silk except in the church ser- 
 vice or in the dress and ornaments of the court, 
 and also by fines and prohibitions against private 
 silk-mills, and by other attempts to regulate the 
 price both of the raw and manufactured article. It 
 was at one time determined that the business 
 should be carried on solely by the imperial trea- 
 surer. Peter Barsames held the office, and con- 
 ducted himself in the most oppressive manner, so 
 that the silk trade was ruined both in Byzantium 
 and at Tyre and Berytus, whilst Justinian, the 
 empress Theodora, and their treasurer amassed 
 great wealth by the monopoly. (Procop. Hist. 
 Arcan. 25.) The silks woven in Eiu'ope previously 
 to the thirteenth century were in general plain in 
 their pattern. Many of those produced by the 
 industry and taste of the Seres, i. e. the silk manu- 
 facturers of the interior of Asia, were highly ela- 
 borate, and appear to have been very similar in 
 their patterns and style of ornament to the Persian 
 shawls of modem times. [J. Y.J 
 
 SERRA, dim. SERRULA {^pluv), a saw. It 
 was made of iron {ferrea, Non. Marc. p. 223. 
 ed. Merceri ; de ferro lamina, Isid. Orig. xix. 
 19 ; Virg. Gexiry. i. 143). The form of the 
 larger saw used for cutting timber is seen 
 in the annexed woodcut, which is taken from 
 a miniature in the celebrated Dioscorides writ- 
 ten at the beginning of the sixth century. 
 (Montfaucon, Pal. Grace, p. 203.) It is of the 
 kind which we caU the frame-saw, because it is 
 fixed in a rectangular frame. It was held by a 
 workman (scrrarius. Sen. Epist. 57) at each end. 
 The line [Linea] was used to mark the timber in 
 order to guide the saw (Sen. E]ii»t. 90) ; and its 
 movement was facilitated by driving wedges with 
 a hammer between the planks {tenucs tabulae) or 
 rafters {truhes). (Corippus, de Laud. Jtist. iv. 45 — 
 48.) A similar representation of the use of the 
 frame-saw is given in a painting found at Hercula- 
 nemn, the operators being winged genii, as in this 
 woodcut {Ant. d''Ere(>l. t. 1. tav. 34) ; but in a bas- 
 relief published by Micali (Ital. av. il dam. dei 
 Hum. tav. 49) the two sawyers wear tunics gixt 
 round the waist like that of the ship-builder in the 
 woodcut at p. 103. The woodcut here introduced 
 also shows the blade of the saw detached from its 
 
8G-2 
 
 SERTA. 
 
 frame, with a ring at each end for fixing it in the 
 frame, and exhibited on a funereal monument pub- 
 lished by Gruter. On each side of the last-men- 
 tioned figure is represented a hand-saw adapted 
 to be used by a single person. That on the left is 
 from the same funereal monument as the blade of 
 the frame saw : that on the right is the figure of 
 an ancient Egyptian saw preserved in the Britisli 
 Museum. These saws [serridae mannhriutae) were 
 used to divide the smaller objects. Some of them, 
 called lu]ii, had a particular shape, by which they 
 were adapted for amputating the branches of trees. 
 (Pallad. dc Re Runt. i. 43.) 
 
 St. Jerome (in Is. xxviii. 27) seems clearly to 
 allude to the circular saw, which was probably 
 used, as at present, in cutting veneers (laminae 
 praetcnues, Plin. H. N. xvi. 43. s. 84). We have 
 also intimations of the use of the centre-bit, and 
 we find that even in the time of Cicero (j)ro Clucitt. 
 64) it was employed by thieves. 
 
 Pliny (H. N. xxxvi. 22. s. 44) mentions the use 
 of the saw in the ancient Belgium for cutting 
 white building-stone : some of the oolitic and cre- 
 taceous rocks are still treated in the same manner 
 both in that part of the continent and in the south 
 of England. In this case Pliny must be understood 
 to speak of a proper or toothed saw. The saw 
 without teeth was then used, just as it is now, by 
 the workers in marble, and the place of teeth was 
 supplied, according to the hardness of the stone, 
 either by emery or by various kinds of sand of in- 
 ferior hardness. (Plin. //. A^. xxxvi. 6. s. 9.) In 
 this manner the ancient artificers were able to cut 
 slabs of the hardest rocks, which consequently 
 were adapted to receive the highest polish, such as 
 granite, porphyry, lapis-lazuli, and amethyst. 
 [Mola; Paries.] 
 
 The saw is an instniment of high antiquity, its 
 invention being attributed either to Daedalus 
 (Plin. //. N. vii. 56 ; Sen. Ejdsl. !)0), or to his 
 nephew Perdix (Hygin. Fab. 21 A ; Ovid, Met. viii. 
 246) [CiRclNUs], also called Tains, who, having 
 found the jaw of a serpent and divided a piece of 
 wood with it, was led to imitate the teeth in iron. 
 (Diod. Sic. iv. 76; Apollodor. iii. 15.) In a bas- 
 relief published by Winckelmann (RIon. Incd. ii. 
 fig. 94), Daedalus is represented holding a saw 
 approaeliing very closely in form to the Egj-iitiaii 
 saw above delineated. [J. Y.] 
 
 SERTA, used only in the plural, (o-TeV/Uo, 
 (TTscpdvwfia), a festoon or garland. 
 
 The art of weaving wreaths [Corona], garlands, 
 and festoons, employed a distinct class of persons 
 (coroiiarii and coronariae ; (TTVpavriTrAuKOi, Theo- 
 phrast. //. P. vi. 8. § 1 ; Pliny, H. N. xxi. 2. s. 3, 
 or <TTe<pai'0TrK6K0i), who endeavoured to combine 
 all the most beautiful varieties of leaves, of flowers, 
 
 SERTA. 
 
 and of fruits, so as to blend their forms, colours, 
 and scents (Virg. C'opu, 14. 35) in the most agree- 
 able manner. The annexed woodcut, taken from 
 a sarcopliagus at Rome (Millin, Oal. Mi/th. ii. 1 DO), 
 shows a festoon adapted to be suspended by means 
 of the fillets at both ends. Its extremities are 
 skilfully encased in acanthus-leaves : its body 
 consists apparently of laurel or bay, together with 
 a profusion of fruits, such as apples, pears, pome- 
 granates, bunches of grapes, and fir-cones. At 
 Athens there was a market, called <m(pavoTrK6Ktov. 
 
 for the manufacture and sale of this class of pro- 
 ductions, the work being principally performed by 
 women and girls. (Aristoph. Tlwsm. 455.) 
 
 When a priest was preparing a sacrifice, he often 
 appeared with a festoon intended to be placed on 
 the door of the temple (fcsta frondc, Virg. Aen. ii. 
 249 ; variis seriis, iv. 202 ; Juv. xii. 84; Lucan, ii. 
 354), on the front of the altar (Virg. Aen. i. 417) 
 [Ara, p. 67, 68], or upon the head of the victim. 
 Thus in the Iliad (i. 14. 28), Chryses besides the 
 gilded sceptre which denoted his office and authority 
 [ScEPTRUM], carries a garland in honour of Apollo, 
 which was probably wound about the sceptre. (See 
 also Aristoph. Av. 894 ; Paa-, 948; CaWim. Hymn, 
 in Cer. 45.) The act here described is seen iii the 
 annexed woodcut, which is taken from a bas-relief 
 in the collection of antiques at Ince-Blundell, and 
 represents a priestess carrying in her two hands a 
 festoon to suspend upon the circular temple which 
 is seen in the distance. As the festoons remained 
 
 on the temples long after their freshness had de- 
 parted, they became veiy combustible. The tem- 
 ple of Juno at Argos was destroyed in consequence 
 of their being set on fire. (Thucyd. iv. 1 33. § 2 ; 
 Pans. ii. 17. § 7.) The garlands on funereal mo- 
 numents hum; there for a year, and were then re- 
 
SERVITUTES. 
 
 SERVITUTES. 
 
 863 
 
 liewed. (Tibull. ii. 4. 4!5 ; 7. 32 ; Propert. iii. 16. 
 '3.) The funeral pile was also decorated in a 
 imilar manner, but with an appropriate choice of 
 
 'hints and flowers. (Virg. ^en. iv. S06.) [FuNUS, 
 . 438. 440.J 
 
 I Festoons were placed upon the door-posts of 
 ■rivate houses in token of joy and affection (Tibull. 
 . "2. 14) [Janua, p. ,506], more especially on oc- 
 . asion of a wedding. (Lucan, ii. 354.) They were 
 iiung about a palace in compliment to the wealthy 
 i/ossessor [inscriaho coronis atria. Prudent, in Si/iiim. 
 i. 726): and on occasions of general rejoicing 
 he streets of a city were sometimes enlivened 
 S'ith these splendid and tasteful decorations. (Mar- 
 iial, vi. 79. 8.) 
 
 ;! The smaller garlands or crowns, which were 
 ijvom by persons on the head or round the neck, 
 jje sometimes called serta. (Tibull. i. 7. 52.) The 
 lashion of wearing such garlands suspended from 
 I he neck, was adopted by the early Christians. 
 Min. Felix. 30.) [J. Y.] 
 
 SERVILIA LEX. [Lex, p. SOS.] 
 SERVIA'NA ACTIO. [Piunus, p. 700.] 
 SE'RVITUS. [Servus(Rom.\n).] 
 SERVITU'TES, are considered by the Roman 
 -.aw as parts of ownership which are opposed to 
 ■wnership as the totality of all those rights which 
 ' re included in the term ownership. The owner of 
 'i thing can use it in aU ways consistent \vith his 
 ')wnership, and he can prevent others from using it 
 •n any way that is inconsistent with his full enjoy- 
 'nent of it as owner. If the owner's power over 
 he thing is limited either way, that is, if his 
 ■njoyment of it is subject to the condition of not 
 loing certain acts in order that some other per- 
 ;on may have the benefit of such forbearance, 
 )r to the condition of allowing others to do 
 •ertain acts, which limit his complete enjoy- 
 nent of a thing, the thing is said " servire" 
 ;o be subject to a " servitus." Hence when a 
 ,;hing was sold as " optima maxima," this was 
 egally understood to mean that it was warranted 
 i-ee from Servitutes. (Dig. 50. tit. 16. s. 90. 169 ; 
 ;;ompare Cic. de Leg. Ayr. iii. 2.) Servitutes are 
 dso expressed by the terms " Jura," and " Jura in 
 Re," and these terms are opposed to Dominium or 
 ;omplete ownership. He who exercises a Servitus 
 ;herefore has not the animus domini, not evenin the 
 :ase of ususfructus, for the Ususfructuai'ius is never 
 recognized as owner in the Roman Law. The 
 technical word for ownership, when the ususfructus 
 is deducted from it, is Proprietas. 
 
 A man can only have a right to a servitus in 
 another person's property : the notion of the term 
 las no direct relation to his own property. Also, 
 1 servitus can only be in a corporeal thing. 
 Viewed with respect to the owner of the thing, a 
 Servitus either consists in his being restrained from 
 doing certain acts to his propert)', which otherwise 
 he might do {servitus quae in non facicndo consistil; 
 Servitus ncfjativa) ; or it consists in his being bound 
 to allow some other person to do something to the 
 property, which such person might otherwise be 
 prevented from doing (servitus quae in patiemlo con- 
 ■sistit; Servitus affirmativa). A Servitus never con- 
 sists in the owner of the servient property being 
 obliged to do any act to his property, though he 
 may be obliged to do acts which are necessary to- 
 wards the enjoyment of the Servitus. (Dig. 8. tit. 
 1. s. 15.) 
 
 There were two classes of Servitutes. Either 
 
 they had for their subject a definite person, who 
 could exercise the right, in which case they were 
 called Personal, Personarum. Or they had for 
 their subject another piece of propert}', or a liouse 
 or land, and the person who exercised the Servitus 
 exercised it in respect of his right to the house or 
 land, which was its subject. Servitutes of the latter 
 kind were called Praedial, Servitutes Praediorura 
 or Rerum, or Jura Praediorum (Gains, ii. 17. 29) ; 
 and with reference to their speciid kinds, Jura 
 aquarum, &c. (Cic. pra Caecin. 26.) 
 
 The exercise of Personal Servitutes, of which 
 Usus and Ususfructus were the principal, was al- 
 ways connected with the natm'al possession of the 
 thing ; and consequently the Quasi Possessio of 
 such Servitutes had a close resemblance to Posses- 
 sio. [Possessio.] Servitutes of this class consisted 
 solely " in patiendo." 
 
 Praedial servitutes consisted both in " patiendo," 
 and " in non faciendo." Those which consisted in 
 " patiendo" were either acts which a person might 
 do, by virtue of his right, upon the property of 
 another, as the Jus Itineris, &c. ; or they were 
 acts which he could do to or upon the property of 
 another, by virtue of possessing another piece of 
 property, as the Jus tigni inmiittendi. Tliose 
 which consisted " in non faciendo" were acts 
 which, as the possessor of a piece of property, he 
 could require the owner of another piece of property 
 not to do, but which except for the servitus, the 
 owner might do. 
 
 Personal servitutes were Usus, Ususfructus, 
 Habitatio, and Operae servorum et AnimaUum. 
 
 Habitatio or the right of living in another per- 
 son's house resembled the ususfructus or usus 
 aedium. But it was not lost as ususfructus and 
 usus were, by capitis diminutio or neglect to exer- 
 cise the right. Also, it consisted in the right to 
 inhabit some definite part of a house only, and not 
 the whole ; the habitatio could be sold or let. If 
 it was a donatio inter vivos, it could be set 
 aside by the heredes of the giver. (Dig. 7. tit. 8. 
 De Usu et Hidjitutione ; Dig. 39. tit. 5. s. 27. 32 ; 
 Inst. ii. tit. 5.) 
 
 Operae servorum et animalium consisted in a 
 man having a right to the use and services of 
 another person's slave or beast, so long as the slave 
 or beast lived. The servitus continued after the 
 death of the person entitled to it, and was not lost 
 by a capitis deminutio nor by neglect to exercise it. 
 This is called by Gaius (ii. 32) the " Ususfi-uctus 
 hominum et ceterorum animalium." 
 
 Praedial Servitutes imply the existence of two 
 pieces of land ( praedia), one of which owes a ser- 
 vitus to the other (servitutem deliet, praedium, 
 fundus serviens) ; and the servitus is said to be due 
 (deheri) from the one to the other. The name of 
 praedium dominans which is now often used to 
 designate the praedium to which the servitus is 
 due, is modem. It is of the nature of a Servitus 
 to be an advantage to the land to which it be- 
 longs : it must be something that in some way 
 increases its value. It must also be a thing that 
 is permanently to the advantage of the dominant 
 praedium. The Servitus is considered as belonging 
 to the dominant praedium in such a sense that it 
 cannot be alienated without the praedium nor 
 pledged nor let. 
 
 Praedial Servitutes were either Praediorum 
 Urbanorum or Rusticorum. But the word Servitus 
 has a double meaning, according as we view it as a 
 
864 
 
 SERVITUTES. 
 
 SERVITUTES. 
 
 right or a duty. The Sorvitiisof a Praedium Riisti- 
 cum or Urbanum is, in the former sense, tlie 
 servitus which Itelongs tn a particular Praedium, as 
 a right : in the latter sense it is the servitus which 
 some particular Praedium owes, as a duty. When 
 the two Praedia are contemplated together in their 
 mutual relations of right and duty, the word Ser- 
 vitus expresses the whole relation. Servitutes 
 Urbanae appear to be those which are for the ad- 
 vantage of an edifice as such, and Rusticae those 
 which are for the advantage of a piece of ground, 
 as such, and mainly for the benefit of agriculture. 
 
 The following are the principal Servitutes Ur- 
 banae : — 1. Oneris ferendi, or the right which a 
 man has to use the edifice or wall of his neighbour 
 to support his own edifice. The owner of the 
 servient property was consequently boimd to keep 
 it in repair so that it should be adequate to dis- 
 charge its duty. (Dig. )f. tit. 5. s. 6.) 2. Tigni 
 immittendi, or the right of planting a beam in or 
 upon a neighbour's wall. 3. Projiciendi, or the 
 right of adding something to a man's edifice though 
 it shall project into the open space which is above 
 his neighbour's grounds. 4. Stillicidii, or fluminis 
 recipiendi or immittendi. This servitus was either 
 a right which a man had for the rain water to run 
 from his house upon and through his neighbour's 
 premises, or a right to draw such water from his 
 neighbour's premises to his own. The technical 
 meaning of Stillicidium is rain in drops ; when 
 collected in a flowing body it is Flumen. (Varro, 
 (Ic Liny. Lid. v. 27. ed Miiller ; Cicero, dc Or. 
 
 i. 3fi.) 5. Altius non toUendi, or the duty which 
 a man owed not to build his house higher than its 
 present elevation, or the duty of the owner of a 
 piece of land not to raise his edifice above a cer- 
 tain height, in order that the owner of some 
 other house might have the advantage of such 
 forbearance. If a man was released from this 
 duty by his neighbour, he obtained a new right, 
 which was the Jus altius tollendi. In like man- 
 ner, a man whose ground was released from 
 the Servitus Stillicidii, was said to have the ser- 
 vitus stillicidii non recipiendi. This was not 
 strictly accurate language, for if a servitus is de- 
 fined to be some limitation of the usual rights of 
 ownership, a recovery of these rights or a release 
 from the duties which is implied by the possession 
 of these riglits by another, merely gives the com- 
 plete exercise of ownership and so destroys all 
 notion of a Servitus. Still such was the language 
 of the Roman Jurists, and accordingly we find 
 enumerated among the Urbanae Servitutes (Dig. fi. 
 tit 2. s. 2) " Stillicidium avertendi in tectum vel 
 aream vicini aut non avertendi." 7. Servitus ne 
 Luminibus, and ne Prospectui officiatur, or the 
 duty which a man owes to his neighbour's land 
 not to obstruct his light or his prospect (see Gains, 
 
 ii. 31 ; Cic. de Or. i. 3!)); and Servitus Luminum 
 or Prospectus, or the duty of a man to allow his 
 neighbour to make openings into his premises, as 
 in a common wall for instance, to get light or a 
 prospect. It was a Servitus tlie object of which 
 was to procure light, whereas the ne officiatur was 
 to prevent the destroying of light. (Dig. 8. tit. 2. 
 s. 4. 40.) But there are ditt'erent opinions as to 
 the meaning of Servitus Luminum. fS. Servitus 
 Stercolinii, or the right of placing dung against a 
 neighbour's wall, &c. 9. Servitus fumi immittendi, 
 or the right of sending one's smoke through a 
 neighbour's chimne}'. 
 
 The follo\ving are the principal Servitutes Rv 
 ticae : — 1. Servitus Itineris, or the right to a foi 
 path through another man's ground or to ri 
 through on horseback or in a sella or lectica, foi 
 man in such cases was said ira and not aye 
 Viewed with reference to the person who exercis 
 the right, this Servitus was properly called J 
 eundi. ( Gaius, iv. 3.) 2. Actus or Agendi, ort 
 right of driving a beast or carriage through anotf 
 man's land. 3. Viae or the right eundi et agen 
 et ambulandi. Via of course included the oth 
 two Servitutes ; and it was distinguished from th( 
 by its width, which was defined liy the Twel 
 fables. (Dig. 8. tit. 3. s. 8.) The width of ; 
 Iter or Actus might be a matter of evidence, ai 
 if it was not determined, it was settled by i 
 arbiter. If the width of a Via was not determi 
 ed, its width was taken to be the legal wid 
 (tutiludo h-yitiina). In the work of Frontin 
 De Coloniis, the phrase " iter populo debetar or m 
 debetur" frequently occurs. VVhen " iter debetu.i 
 occurs, the width of the iter is given in feet, 
 seems that in the assignment of the lands in the 
 instances, the lands were made " servire populo 
 for the purposes of a road. 4. Servitus pascen 
 or tlie right of a man in respect of the ground 
 which his cattle are attached, to pasture them i 
 another's ground. 5. Servitus aquaeductus or tl 
 ducendi aquam per fundum alienum. There we 
 also other Servitutes as Aquae haustus, Pecoi 
 ad aquam appulsus, Calcis coquendae, and Arcni 
 fodiendae. If a Publicus locus or a Via publii 
 intervened, no servitus aquaeductus could be ir 
 posed, but it was necessary to apply to the Prii 
 ceps for pennission to form an aquaeductus aero 
 a public road. The intervention of a Sacer - 
 religiosus locus was an obstacle to imposing f 
 Itineris servitus, for no Servitus could be due ' 
 any person on ground which was sacer or re) 
 giosus. 
 
 A Servitus Negativa could be acquired by me; 
 contract ; and it seems the better opinion that 
 Servitus Afiirmativa could be so acquired and th; 
 Traditio, at least in the later periods, was ni 
 necessary in order to establish the Jus Servituti 
 but only to give a right to the Publiciana in re: 
 actio. (Gaius, ii. 30, 31 ; Savigiiy, Das Redd rf 
 Jiesilzes.) The phrases "aquae jus constituere. 
 " servitutem fundo imponere," occur (Cic. ud Q/dii 
 iii. I. c. 2). According to Gaius, Servitutes U 
 banae could only be transferred by the In jui 
 cessio : Servitutes Rusticae could be transferred b 
 Mancipatio also. (Gaius, ii. 29.) 
 
 A Servitus might be established by Testamer 
 (Servitus Leyuta, Dig. 33. tit. 3), and the right t 
 it was acquired when the " dies legati cessit 
 [Legatum] ; but tradition was necessary in ordi 
 to give a right to the Publiciana in rem actio, j 
 Servitus could be established by the decision of 
 judex in the Judicium Familiae erciscundae. Com 
 muni dividundo, and in a case where the Jude 
 adjudicated the Proprietas to one and the Usus 
 fnictus to another (Dig. 7. tit. 1. s. G). Servitute 
 could also be acquired by the Praescriptio long 
 temporis. (Cod. 7. tit. 33. s. 12.) An obscure au' 
 corrupt passage of Cicero (Ad Ait. xv. 2()) seem 
 to allude to the possibility of acquiring a right to ; 
 Servitus by use ; as to which a Lex Scribonia mad^ 
 a change. [Lex Scribonia.] Quasi servitudes wer 
 sometimes simply founded on positive enactments 
 which limited the owner of a property in its enjoy 
 
 1 
 
SERVITUTES. 
 
 SERVITUTES. 
 
 865 
 
 mcnt (Nov. 22. c. 4(). s. 2) ; and others were con- 
 tiiidered as "vehit jure impositae" (Dig. 39. tit. 3. 
 fs. 1. § 23; and Dig. 43. tit. 27, De Arbwikis 
 iCaedendui.) 
 
 s A Ser\'itus might be released (remitti) to the 
 iawner of the Fundus serviens (Dig. 8. tit. 1. s. 14) ; 
 for it might be surrendered by allowing the owner 
 r,of the Fundus Serviens to do certain acts upon it, 
 (which were inconsistent with the continuance of 
 ithe Servitus. (Dig. 8. tit. 6". s. 8.) If both the 
 j dominant and the servient land came to belong to 
 \\cme owner, the Servitutes were extinguished; 
 (there was a Confusio. (Dig. 8. tit. G. s. 1.) If the 
 Separate owners of two separate estates, jointly 
 icquired an estate which was servient to the two 
 ^ 'paiate estates, the Servitutes were not e.xtin- 
 ;iiislied; but they were extinguished if the joint 
 , )wiiers of a dominant estate, jointly acquired the 
 I servient estate. (Dig. 8. tit. 3. s. 27.) The Ser- 
 vitus was also extinguished when the Usufructua- 
 ■ius acquired the Proprietas of the thing. A 
 -lervitus was extinguished by the extinction of the 
 pbject, but if the servient object was restored, the 
 'servitus was also restored. (Dig. 8. tit. 2. s. 20; 
 -it. (J. s. 14.) A servitus was extinguished by the 
 xiiiiction of the subject, as in the case of a Per- 
 ,>i>i]al Servitude with the death of the person who 
 (iwas intitled to it, and in the case of Praedial Scr- 
 ■ v'itutes with the destruction of the dominant sub- 
 ret, Init they were revived with its revival. A 
 •ii'i\itus might be extinguished by not using it. 
 According to the old law, Ususfructus and Usus 
 ,itvere lost, througli not exercising the right, in two 
 vears in the case of things immoveable, and in one 
 1 cai- in the case of things moveable. In Justinian's 
 r;4i>.lation Ususfructus and Usus were only lost 
 )y not exercising the right, when there had been a 
 L'sucapio libertatis on the part of the owner of the 
 :hing or the ownership had been acquired by Usu- 
 •apion. (Cod. 3. tit. 33. s. IC. § 1, and tit. 34. s. 
 
 Servitutes might be the subjects of Actiones in 
 em. An Actio Confessoria or Vindicatio Servi- 
 ,utis had for its object the establishing the right to 
 I Servitus, and it could only be brought by the 
 nvner of the dominant land, when it was due 
 i;o land. The object of the action was the 
 jstablishment of the right, damages, and security 
 igainst future disturbance in the exercise of the 
 •ight. The plaintift' had of course to prove his 
 litli' to the Servitus. The Actio Negatoria or 
 \'iiiJicatio libertatis, might be brought by the 
 nvner of the property against any person who 
 -'laimed a Servitus in it. The object was to esta- 
 ')lish the freedom of the property from the servitus, 
 111' ilamages, and for security to the owner against 
 uture disturbance in the exercise of his ownership. 
 The plaintiff had of course to prove his ownership 
 md the defendant to prove his title to the Ser- 
 I'ltus. (Gains, iv. 3 ; Dig. 8. tit. 5.) 
 
 In the case of Personal Servitudes, the Inter- 
 nets were just the same as in the case of proper 
 i'osscssion ; the Interdict which was applied in 
 Im' rase of proper Possession, was here applied as 
 I t'tile Interdictum. {Frag. Fa<. 90, as emended 
 >y Savigny.) 
 
 In the case of Praedial Servitudes, we must 
 ir!>t consider the Positive. In the first class, the 
 ici]uisition of the Juris Quasi Possessio is elfected 
 u' an act which is done simply as an exercise of 
 ill- Right, independent of any other right. The 
 
 interference with the exercise of the right was pre- 
 vented by Interdicts applicable to the several cases. 
 A person who was disturbed in exercising a Jus 
 Itineris, Actus, Viae by any person whatever, 
 whether the owner of the servient land or any 
 other person had a right to the Interdict : the 
 object of this Interdict was protection against the 
 disturbance, and compensation ; its effect was ex- 
 actly like that of the Interdict Uti possidetis. 
 Another Interdict applied to the same objects as 
 the preceding Interdict, but its object was to 
 protect the person intitled to the servitude from 
 being disturbed by the owner while he was putting 
 the way or road in a condition fit for use. 
 
 There were various other Interdicts as in the 
 case of the Jus aquae quotidianae vel aestivae 
 ducendae (Dig. 43. tit. 20) ; in the case of the re- 
 pair of water passages (43. tit. 21, rfe n')-is) ; in 
 the case of the Jus aquae hauriendae (43. tit. 22). 
 
 The second class of Positive Servitudes consists 
 in the exercise of the servitude in connection with 
 the possession of another piece of property. The 
 Interdicts applicable to this case are explained un- 
 der the next class, that of Negative Servitudes. 
 
 In the case of Negative Servitudes there are only 
 two modes in which the Juris (juasi Possessio can 
 be acquired: 1, when the owner of the servient 
 property attempts to do some act, which the owner 
 of the dominant property considers inconsistent 
 with his Servitus, and is prevented ; 2, by any 
 legal act which is capable of transferring the Jus 
 Servitutis. The possession is lost when the owner 
 of the servient property does an act which is con- 
 trary to the Right. The Possession of the Servi- 
 tudes of the second and third class was protected 
 by the Interdict Uti possidetis. There was a 
 special Interdict about sewers (Z)e Chads, Dig. 
 43. tit. 23). 
 
 It has been stated that Quasi-servitudes were 
 sometimes founded on positive enactments. These 
 were not Servitutes properly so called, for they 
 were limitations of the exercise of ownership made 
 for the public benefit. The only cases of the limi- 
 tation of the exercise of ownership by positive 
 enactment, which are mentioned in the Pandect, 
 are reducible to three principal classes. The first 
 class comprehends the limitation of ownership on 
 religious grounds. To this class belongs Finis, or 
 a space of five feet in width between adjoining es- 
 tates, which it was not permitted to cultivate. 
 This intermediate space was sacred and it was 
 used by the owners of the adjoining lands for sa- 
 crifice. To this class also belongs the rule, that if 
 a man had buried a dead body on the land of an- 
 other without his consent, he could not as a general 
 rule be compelled to remove the body, but he was 
 bound to make recompence. (Dig. 11. tit. 7. s. 2. 
 7, 8.) The second class comprehends rules relat- 
 ing to police. According to the Twelve Tables 
 every owner of land in the city was required to 
 leave a space of two feet and a half vacant all 
 round any edifice that he erected : this was called 
 legitimum spatiiun, legitimus modus. Conse- 
 quently between two adjoining houses there must 
 be a vacant space of five feet. This law was no 
 doubt often neglected, for 'after the fire in Nero's 
 reign (Tacit. Ann. xv. 43), it was forbidden to 
 build houses with a common wall (comvmnio parie- 
 tum) ; and the old legitimum spatiimi was again 
 required to be observed ; and it is referred to in a 
 rescript of Antoninus and Verus. (Dig. 8. tit. 2. 
 
 3 K 
 
866 
 
 SERVITUTES. 
 
 SERVUS (GREEK). 
 
 s. 14.) This class also comprehends rules as to the 
 height and form of buildings. Augustus (Sueton. 
 Octav. 8.9) fixed the height at seventy feet ; Nero 
 also after the great fire made some regulations 
 with the view of limiting the height of houses. 
 Trajan fixed the greatest height at sixty feet. 
 These regulations were general, and had no refer- 
 ence to the convenience of persons who possessed 
 adjoining houses : they had therefore no relation at 
 all to the Servitutes altius toUendi and non toUendi 
 as some writers suppose. Tlie nile of the Twelve 
 Tables which forbade the removing a " tignum 
 furtivum aedibus vel vinius junctum," had for its 
 object the preventing of accidents. (Dig. 47. tit. 3.) 
 Another rule declared that the o\vners of lands 
 which were adjoining to public aquacducts should 
 permit materials to be taken from their lands for 
 these public purposes, but should receive a proper 
 compensation. The Twelve Tables forbade the 
 burning or interring of a dead body in the city ; 
 and this rule was enforced by a Lex Duilia. In 
 the time of Antoninus Pius this rule prevailed 
 both in Rome and other cities. 
 
 The third class of limitations had for its object 
 the promotion of Agriculture. It comprised the 
 rules relating to Aqua Pluvia, and to the Tignum 
 .lunctum in the case of a vineyard ; and it gave a 
 man permission to go on his neighbour's premises 
 to gather the fruits wliich had fallen thereon from 
 his trees ; with this limitation that he could only 
 go every third day. (Dig. 4.3. tit. 28. De Glandu 
 Iciicmla.) The Twelve Tables enacted that if a 
 neighbour's tree hung over into another person's 
 land, that person might trim it to the height of 
 fifteen feet from the ground (f/inndccim, pedes altius 
 earn sMacator). The rule was a limitation of 
 ownership, but not a limitation of the ownership 
 of the tree-owner : it was a limitation of the owner- 
 ship of the land-owner ; for it allowed his neigh- 
 bour's tree to overhang his ground, provided there 
 were no branches less than fifteen feet from the 
 ground. 
 
 With these exceptions, some of which were of 
 great antiquity, ownership in Roman Law must be 
 considered as unlimited. These limitations also 
 had no reference to the convenience of individuals 
 who had adjoining houses or lands. With respect 
 to neighbours the law allowed them to regidate their 
 mutual interests as they pleased, and accordingly a 
 man could agree to allow a neighbour to derive 
 a certain benefit from his land wliich their proxi- 
 mity rendered desirable to him, or he could agree 
 to abstain from certain acts on his land for the 
 benefit of his neighbour's land. The law gave 
 force to these agreements under the name of Servi- 
 tutes, and assimilated the Ijenefits of them to the 
 right of ownership by attaching to them a right of 
 action like that which an owner enjoyed. 
 
 This view of the limitation of ownership 
 among the Romans by positive enactment is from 
 a valuable essay by Dirksen, Ucber die. yesetzlichcn 
 hescUrankunycn des Eiyciithmns, ^c. Zeitschrift, vol. 
 ii. 
 
 This imperfect sketch may bo completed by 
 reference to the following works and the authori- 
 ties quoted in them : Mackeldey, Lchrbuch, ^c. ; 
 Muhlenbruch, Dodrina Pandectarum, p. 2C8, &c. ; 
 Savigny, Das liccht des liesitzes. Juris Quasi Pos- 
 sessio, p. 525. 5th ed. ; Von der BestdhuKj der 
 Servituten durch simple VcHraj und Slijmlatiun, 
 von Hasse, Rhein. Mus. fiir Jurisprudenz, Erstcr 
 
 Jalirgang; Von dein Verh'dltuiss des Eigentlium 
 zu den Servituten, von Puchta, Rlusin. Mm. 
 Erst. Jahrq. [G. L.] 
 
 SERVUS (Greek). The Greek SoSA.oy, like 
 the Latin serrus, corresponds to the usual meaning 
 of our word slave. Slavery existed almost through- 
 out the whole of Greece ; and Aristotle {I'lAit. i. 3) 
 says that a complete household is that, which con- 
 sists of slaves and freemen (oiVia Se riKeios eK 
 SovKav Kal e\ev6(pa>v), and he defines a slave to 
 be a living working-tool and possession. ('O SovKos 
 ifi^vxov opyavov. Ethic. Nicom. viii. 1 3 ; o SovXos 
 KTTjfid Ti eixipuxov, Pulit. i. 4.) None of the Greek 
 philosojiiiers ever seem to have objected to slavery 
 as a thing morally wrong ; Plato in his perfect 
 state only desires that no Greeks should be made 
 slaves by Greeks {de Rep. v. p. 46!) ), and Aristotle 
 {Polit. i. ) defends the justice of the institution on 
 the ground of a diversity of race, and divides man- 
 kind into the free (eAeuflepoi) and those who are 
 slaves by nature (o( (pvaei SovAoi) : under the lat- 
 ter description he appears to have regarded all bar- 
 barians in the Greek sense of the word, and there- 
 fore considers their slavery justifiable. 
 
 In the most ancient times there are said to have 
 been no slaves in Greece (Herod, vi. 137 ; Phere- 
 crat. ap. Athen. vi. p. 263. b.), but we find them in 
 the Homeric poems, though by no means so gene- 
 rally as in later times. They are usually prisoners 
 taken in war (^opiaXonoi), who serve tlieir con- 
 querors : but we also read as well of the purchase 
 and sale of slaves. {Od. xv. 483.) They were 
 however at that time mostly confined to the houses 
 of the wealthy. 
 
 There were two kinds of slavery among the 
 Greeks. One species arose when the inhabitants 
 of a country were subdued by an invading tribe and 
 reduced to the condition of serfs or bondsmen : they 
 lived upon and cultivated the land which their 
 masters had appropriated to themselves, and paid 
 them a certain rent. They also attended their 
 masters in war. They could not be sold out of the 
 country or separated from their families, and coidd 
 acquire property. Such were the Helots of S]iarta 
 [IIelotes], the Penestae of Thessaly [HENE'S- 
 TAI], the Rithynians at Ryzantium, the Callicp-ii 
 at Syracuse, the Mariandyni at Heraclea in Pon- 
 tus, the Aphamiotae in Crete. [Cosmi, p. 294.] 
 The other species of slavery consisted of domestic 
 slaves acquired by purchase (apyvpdvqToi or 
 XpuffaJi'TjToi, see Isocr. Plalae. p. 300. cd Steph.), 
 who were entirely the property of their masters, 
 and could be disposed of like any other goods and 
 chattels : these were the SovKoi properly so called, 
 and were the kind of slaves that existed at Athens 
 and Corinth. In commercial cities slaves were 
 very numerous, as they perfonned the work of the 
 artizans and manufacturers of modem towns. In 
 poorer republics, which had little or no capital, and 
 which subsisted wholly by agriculture, they would 
 be few : thus in Phocis and Locris there are said 
 to have been originally no domestic slaves. (Athen. 
 vi. p. 264. c. ; Clinton, F. II. ii. p. 411, 412.) The 
 majority of slaves was purchased ; few compara- 
 tively were bom in the family of the master, partly 
 because the number of female slaves was very 
 small in comparison with the male, and partly be- 
 cause the cohabitation of slaves was discouraged, 
 as it was considered cheaper to purchase than to 
 rear slaves. A slave born in the house of a master 
 was called umSTpitj/, in contradistinction to one 
 
SERVUS (GREEK). 
 
 purchased, who was tailed oikc'tijs. (Amnion, and 
 Suid. s. V.) If both the father and mother were 
 slaves, the offspring was called dfuplSovKos (Eus- 
 tath. ad Od. ii. '2iH)) : if the parents were oi- 
 . KorpiS^s, the offspring was called oiKorpiSaios. 
 (Pollux, iii. 76.) 
 
 It was a recognized rule of Greek national law 
 that the persons of those who were taken piisoners 
 fin war became the property of the conqueror (Xen. 
 ■ Ci/r. vii. 5. § 73), but it was the practice for 
 : Greeks to give liberty to those of their own nation 
 on payment of a ransom. Consequently almost all 
 .slaves in Greece, with the exception of the serfs 
 , abovementioned, were bsirbarians. It appears to 
 ■follow from a passage in Timaeus (ap. Ailien. vi. 
 :p. 265. b.) that the Chians were the first who car- 
 ried on the slave trade, where the slaves were more 
 numerous than in any other place, except Sparta, 
 that is in comparison with the free inhabitants. 
 (Thucyd. viii. 40.) In the early ages of Greece, a 
 .great number of slaves was obtained by pirates, 
 . who kidnapped persons on the coasts, but the chief 
 .supply seems to have come from the Greek colonies 
 in Asia Minor, who had abundant opportunities of 
 obtaining them from their own neighbourhood and 
 -the interior of Asia. A considerable number of 
 slaves also came from Thrace, where the parents 
 lrr(|uently sold their children. (Herod, v. 6.) 
 
 At Athens, as well as in other states, there was 
 a regular slave market, called the kvk\os (Harpo- 
 crat. 4'. ?•.), because the slaves stood round in a 
 circle. They were also sometimes sold by auction, 
 and appear then to have been placed on a stone 
 called the vparrip Kidos (Pollux, iii. 78), as is also 
 done when slaves are sold in the United States of 
 . North Ameriai : the same was also the practice in 
 I Rome, whence the phrase /lomo de lajnde emtus. 
 [ AucTio.] The slave market at Athens seems to 
 I have been held on certain fixed days, usually the 
 I last day of the month ( the tvi] koI vea or vovixi\vla, 
 Aristoph. Equit. 43, with Schol.). The price of 
 slaves naturally differed according to their age, 
 strt iigth, and acquirements. " Some slaves," says 
 .Xenophon {Mem. ii. 5. § 2) "are well worth two 
 minas, others hardly half a mina ; some sell for 
 five minas and others even for ten ; and Nicias the 
 son of Niceratus is said to have given no less than 
 a talent for an overseer in the mines." Biickh 
 (PulA. Econ. of Alliens, i. p. 92, &c.) has collected 
 many particulars respecting the price of slaves ; he 
 calculates the value of a common mining slave at 
 from 125 to 150 drachmas. The knowledge of any 
 art had a great influence upon the value of a slave. 
 Of the thii'ty-two or thirty-three sword-cutlers 
 who belonged to the father of Demosthenes, some 
 were worth five, some six, and the lowest more 
 than three minas ; and his twenty couch-makers 
 together were worth 40 minas {in Apluili. i. p. 816). 
 Considerable smns were paid for courtezans and 
 female players on the cithara ; twenty and thirty 
 minas were common prices for such (Ter. Addpk. 
 iii. 1. 37 ; 2. 15 ; iv. 7. 24 ; I'hnrm. iii. 3. 24) : 
 Neaera was sold for thirty minas. (Demosth. 
 c. A'eacr. p. 1354. 16.) 
 
 The number of slaves was very great in Athens. 
 According to the census made when Demetrius 
 Phalereus was archon (li. c. 309), there ai'e said 
 to have been 21,000 free citizens, 10,000 Metics, 
 and 400,000 slaves in Attica (Ctesicles, up. Alh-u. 
 \ vi. p. 272. c.) : according to which the slave popu- 
 lation is so immensely large in proportion to the 
 
 SERVUS (GREEK). 867 
 
 free, that some writers have rejected the account alto- 
 gether (Niebuhr, Hist.uf lioinc, ii. p.69. note 143), 
 and others have supposed a corniption in the nimi- 
 bcrs and that for 400,000 we ought to read 40,000. 
 (Hume, Essin/s, vol. i. p. 443.) I5tickh {///it/, i. p. 
 52, &c.) and Clinton (F. II. ii. p. 391), however, 
 remark with some justice, that in computing the 
 citizens .and metics the object was to ascertain 
 their political and military strength, and hence the 
 census of only males of full age was taken ; while 
 in enumerating slaves, which were property, it 
 would be necessary to compute all the individuals 
 who composed that property. Biickh takes the 
 proportion of free inhabitants to slaves as nearly 
 one to four in Attica, Clinton as rather more than 
 three to one ; but whatever may be thought of 
 these calculations, the main fact, that the slave 
 population in Attica was much larger than the 
 free, is incontrovertible : during the occupation of 
 Decelea by the Lacedaemonians, more than 20,000 
 Athenian slaves escaped to this place. (Thucyd. 
 vii. 27.) In Corinth and Aegina their number 
 was equally large : according to Timaeus, Corinth 
 had 460,000, and according to Aristotle Aegina 
 470,000 slaves (Athcn. c), but these large num- 
 bers, especially in relation to Aegina, must be un- 
 derstood only of the early times, before Athens 
 had obtained possession of the commerce of Greece. 
 
 At Athens even the poorest citizen had a slave 
 for the care of his household (Aristoph. I'lut. init.), 
 and in every moderate establishment many were 
 employed for all possible occupations, as bakers, 
 cooks, tailors, Ace. The number possessed by one 
 person was never so great as at Rome during 
 the later times of the republic and under the em- 
 pire, but it was still very considerable. Plato {de 
 Rep. ix. p. 578) expressly remarks, that some per- 
 sons had fifty slaves and even more. This was 
 about the number which the father of Demosthenes 
 possessed {in Apltob. i. p. 823) ; Lysias and Pole- 
 marchus had 120 (Lys. in Eratusth. p. 395), 
 Philemonides had 300, Hipponicus 600, and Nicias 
 1000 slaves in the mines Edone. (Xen. de Vcct. iv. 
 14, 15.) It must be borne iii mind, when we read 
 of one person possessing so l;u-ge a number of 
 slaves, that they were employed in various work- 
 shops, mines, or manufactories : the number which 
 a person kept to attend to his own private wants or 
 those of his household, was probably never very 
 large. And this constitutes one great distinction 
 between Greek and Roman slaves, that the labour 
 of the former was regarded as the means by which 
 an owner might obt;un profit for the outlay of his 
 capital in the purchase of the slaves, while the lat- 
 ter were chiefly employed in ministering to the 
 wants of their master and his family, and in grati- 
 fying his luxury and vanity. Thus Athenaeus 
 (vi. p. 272. e.) remarks, that many of the Romans 
 possess 10,000 or 20,000 slaves and even more, 
 but not, he adds, for the sake of bringing in a 
 revenue, as the wealthy Nicias. 
 
 Slaves either worked on their masters' account 
 or their own (in the latter case they paid their 
 masters a certiiin sum a day) ; or they were let 
 out by their master on hire either for the mines or 
 any other kind of labour', or as hired servants for 
 wages {d.iro(popd). 'I he rowers on board the ships 
 were usually slaves (Isocrat. de Pace p. 169. ed. 
 Steph.); it is remarked as an unusual circumstance, 
 that the seamen of the Paralos were freemen. 
 (Thucyd. viii. 73.) These slaves either belonged 
 
 3k2 
 
!i68 SERVUS (GREEK). 
 
 SERVUS (ROMAN). 
 
 to the state or to private persons, wlio let tliem out 
 to the state on payment of a certain sum. It ap- 
 pears tliat a considerable number of persons kept 
 large gangs of slaves merely foi; the pui'pose of 
 letting out, and found this a proiitable mode of in- 
 vesting their capital. Great numbers were required 
 for the mines, and in most cases the mine-lessees 
 would be obliged to hire some, as they would not 
 have sufficient capital to purcliase as many as they 
 wanted. We learn from a fragment of Ilypcrides 
 preserved by Suidas (s. r. 'A7rei|/7)(J<iVaTo), that there 
 were at one time as many as 150,000 slaves, who 
 worked in the mines and were employed in coun- 
 try labour. Generally none but inferior slaves 
 were confined in these mines : they worked in 
 chains, and numbers died from the effects of the 
 unwholesome atmosphere. (Bcickh, On tlie Silver 
 Mines of Laurioii, p. 4(i9, 470. transl.) We can- 
 not calculate with accuracy what was the usual 
 rate of profit which a slave- proprietor obtained. 
 The thirty-two or thirty-three sword-cutlers be- 
 longing to the father of Demosthenes ammally pro- 
 duced a net profit of 30 minas, their purchase 
 value being 190 minas, and the twenty coucli- 
 makers a profit of 12 minas, their purchase value 
 being 40 minas. (Deniosth. in Aphnh. i. p. 816 ; 
 Bockh, PM. Econ. i. p. 100.) The leather- 
 workers of Timarchus produced to their masters 
 two, the overseers three, oboli a day (Aeschin. in 
 Tim. p. 118): Nicias paid an obolus a day for 
 each mining slave which lie hired. (Xen. l^eet. 
 iv. 14.) 'Ihe rate of profit upon the purchase- 
 money of the slaves was naturally high, as their 
 value was destroyed by age, and those who died 
 had to be replaced by fresh purcliases. The pro- 
 prietor was also exposed to the great danger of 
 their running away, when it became necessary to 
 pursue thein and offer rewards for their recapture 
 ((Tcea-Tpa, Xen. ]\fem. ii. 10. § 1.'2 ; Plat. Protiir/. 
 p. 310). Antigenes of Rhodes was the first that 
 established an insurance of slaves. For a yearly 
 contribution of eight drachmas for each slave that 
 was in the anny, he undertook to make good the 
 value of the slave at the time of his running away. 
 ( Pseud o-Arist. Oecon. c. 3.5.) Slaves that worked 
 in the fields were under an overseer {iiriTpowos), to 
 whom the whole management of the estate was 
 frequently entrusted, while the master resided in 
 the city ; the household slaves were under a 
 steward (ra/iios), the female slaves under a 
 stewardess (ran'ia). (Xen. Oecon. xii. 2 ; ix. 11.) 
 
 The Athenian slaves did not, like the Helots of 
 Sparta and the Penestae of Thessalj', serve in the 
 armies ; the battles of Marathon and Arginusae, 
 when the Athenians armed their slaves (Pausan. 
 i. 32. § 3 ; Schol. ad Aridopli. Han. 3i5), were 
 exceptions to the general rule. 
 
 The rights of possession with regard to slaves 
 differed in no respect from any other property ; 
 they could be given or taken as pledges. (Dem. in 
 Pantacnet. p. 9(57 ; in Aphoh. p. 821 ; in Onelor. i. 
 p. 871.) The condition, however, of Greek slaves 
 was upon the whole better than that of Roman 
 ones, with the exception perhaps of Sparta, where, 
 according to Plutarch (Z;/c. 28), it is the best 
 place in the world to be a freeman, and the worst 
 to be a slave (ec AaKeSai'iUovi koI tov iK^iQ^pov 
 fidAicrra eA.6u6epoc (Tvai, Kai tov SoOAov fxaMoTa 
 hovKov). At Athens especially the slaves seem to 
 have been allowed a degree of liberty and indul- 
 gence, which was never granted to them at Rome. 
 
 (Compare Plut. de Garrul. 18; Xenoph. de Rep 
 At]i. i. 12.) On the reception of a new slave intc 
 a house at Athens, it was the custom to scattei 
 sweetmeats ( icaTaxwn'MOTa), as was done in tht 
 case of a newly married pair. (Aristoph. Plut. 7fi8 
 with Schol.; Demosth. in Steph. p. 112.3. 29 
 Pollux, iii. 77 ; Hesych. and Suidas, s. v. Kara 
 
 The life and person of a slave were also pro- 
 tected by the law : a person who struck or mal- 
 treated a slave was liable to an action {v'Spiw. 
 •ypatp-q, Dem. in Mid. p. 529 ; Aeschin. in Tim. p 
 41 ; Xen. de Rep. Ath. i. 10 ; Athen. vi. p. 267 
 f. ; Meier, Ait. Proc. p. 322, &c.) ; a slave too could 
 not be put to death without legal sentence. (Eurip. 
 Heculj. 287, 288 ; Antiph. de coed. Herod, p. 728.) 
 He could even take shelter from the cruelty of 
 his master in the temple of Theseus, and there 
 claim the privilege of being sold by him (Trpoo-it 
 aire^ffOai, Plut. T/ies. 36 ; Pollux, v'ii. 13 ; Meier, 
 Aft. Proc. p. 403, &c.). The person of a slave, 
 however, was not considered so sacred as that of a 
 freeman : his offences were punished with corporal 
 chastisement, which was the last mode of punish- 
 ment inflicted on a freeman (Dem. in Tiniocr. p. 
 752) ; he was not believed upon his oath, but his 
 evidence in courts of justice was always taken with 
 torture. [BA'2AN02.] 
 
 Notwithstanding the generally mild treatment 
 of slaves in Greece, their insurrection was not un- 
 frequent (Plat. Leg. vi. p. 777): but these insM- 
 rections in Attica were usually confined to the 
 mining slaves, who were treated with more severity 
 than the others. On one occasion they nnirdered 
 their guards, took possession of the fortifications of 
 Sunium, and from this point ravaged the country 
 for a considerable time. (Athen. vi. p. 272. f.) 
 
 Slaves were sometimes manumitted at Athens, 
 though not so frequently as at Rome ; but it seems 
 doubtful whether a master was ever obliged to 
 liberate a slave against his will for a certain sum of 
 money, as some writers have concluded from a pas- 
 sage of Plautus. [Casin. ii. 5. 7.) Those who were 
 manumitted (aTreAeufle^oi) did not become citizens, 
 as they might at Rome, but passed into the condi- 
 tion of Metics. They were obliged to honour their 
 former master as their patron (irpoaTaTris), and to 
 fulfil certain duties towards him, the neglect of 
 which rendered them liable to the SIkti aTroa-Tairiov, 
 by which they might again be sold into slavery. 
 [LiBERTUS (Greek) ; 'AnOSTASl'OT AI'KH.] 
 
 Respecting the public slaves at Athens see 
 AHMO'SIOI. 
 
 It appears that there was a tax upon slaves at 
 Athens (Xen. de Vect.iv. 25), which IJockh {Piibl. 
 Econ. ii. p. 47, 48) supposes was three oboli a year 
 for each slave. 
 
 Besides the authorities quoted in the course of 
 this article, the reader may refer to Petitus, Leg. 
 Alt. ii. 6. p. 254, &c. ; Reitermeier, Gcsch. der 
 Sclaverei in Griedw.nland, Berl. 1789 ; Liraburg- 
 Brouwer, Histoire de la Civilisation des Grecs, iii. 
 p. 267, &c. ; Wachsmuth, Hell. Alt. I. i. p. 171 ; 
 Gottling, de Noiione Servitutis apud Aristotelem, 
 Jen. 1821 ; Hennann, Lehrhuchder yriech. StaatsaU. 
 § 114 ; Becker, CItarikles, ii. p. 20, &c. 
 
 SERVUS (Roman). SE'RVITUS. " Servitus 
 est constitutio juris gentium qua quis dominio 
 alieno contra naturam subjicitur." (Florent. Dig. 
 1. tit. 5. s. 4.) Gaius also considers the potestas of 
 a master over a slave as " jitfis gentium" (i. 52). 
 
SERVUS (ROMAN). 
 
 e Romans viewed Liberty as the Natural State, 
 •md Slavery as a Status or condition wliich was 
 ' contrary to the Natural State. The mutual rela- 
 ,iion of Slave and Master among the Romans was 
 V'xpressed by the terms Servus and Domiiuis; and 
 :he power and interest whicli the dominus had 
 'ivcr and in the slave was expressed by Dominium. 
 The tenu Dominium or ownership, with reference 
 
 II L slave, pointed to the slave merely as a thing 
 11' liliject of ownership, and a slave as one of the 
 
 ! '| ~ Mancipi was classed with other objects of 
 > m rsliip. The word Potcstas was also applied 
 II tiie master's power over his slave, and the same 
 'ivord was used to express the father's power over 
 lis children. The boundaries between the Patria 
 md Dominica Potcstas were originally very nar- 
 'ow, but the child had certain legal capacities 
 A hiili were altogether wanting to the condition of 
 lie slave. The master had no Potestas over the 
 lave, if he had merely a "nudum jus Quiritium in 
 ■ervo :" it was necessary that the slave should be 
 lis In bonis at least, ((iaius, i. 54.) 
 
 Aicording to the strict principles of the Roman 
 jaw, it was a consequence of the relation of Mas- 
 er and Slave that the Master could treat the Slave 
 IS he pleased : he could sell him, punish him, and 
 lilt him to death. Positive morality however and 
 lir M)cial intercourse that must alwaj's subsist 
 I 'tween a master and the slaves, who are immedi- 
 .1 1. about hira, ameliorated the condition of 
 
 III ry. Still we read of acts of great cruelty 
 
 iiiitted by masters in the later Republican and 
 
 .11 lii r Imperial periods, and the Lex Petronia was 
 iiacted in order to protect the slave. [Lex 
 
 '^ETRONIA, p. ,5()4.] The original power of life 
 ml death over a slave, which Gains considers to 
 le a part of the Jus Gentium, was Ihuited by a 
 'iiiistitution of Antoninus, which enacted that if a 
 iKui put his slave to death without sufficient rca- 
 1111 (si/ie cuuKu), he was liable to the same penalty 
 ^ it' he had killed another man's slave. The 
 iiiistitution applied to Roman citizens and to all 
 lin were under the luiperium Romanum. (Gaius, 
 . " &c.) The same Constitution also prohibited 
 lu' cruel treatment of slaves by their masters, liy 
 iiacting that if the cruelty of the master was into- 
 ■rable, he might be compelled to sell the slave ; 
 nd the slave was empowered to make his com- 
 ilaint to the proper authority. (Senec. de Beiuf. 
 ii. 22.) A Constitution of Claudius enacted that 
 ■f a man exposed his slaves, who were intirm, they 
 hoidd become free ; and the Constitution also de- 
 lared that if they were put to death, the act 
 hould be murder. (Sueton. Claud. 25.) It was 
 Iso enacted (Cod. 3. tit. 38. s. II) that in sales 
 1' division of property, slaves, such as husband 
 lid wife, parents and children, brothers and sis- 
 ers should not be separated. 
 
 A slave could not contract a marriage. His 
 "lui'iiitation with a woman was Contubernium ; 
 ml no legal relation between hun and his children 
 vas recognized. Still nearness of blood was con- 
 idi'ied an impediment to marriage after manumis- 
 iiin : thus a manumitted slave could not marry his 
 uaiuimitted sister. (Dig. 23. tit. 2. s. 14.) 
 
 A slave could have no property. He was not 
 ncapable of ac(iuiring property, but his acquisi- 
 tions belonged to his master; which Gaius consi- 
 lers to be a rule of the .Jus Gentium (i. 52). A 
 lave could acciuire for his master by Mancipatio, 
 'raditio, Stipulatio, or in any other way. In this 
 
 SERVUS (ROMAN). 8G9 
 
 capacity of the slave to take, thougii he could not 
 keep, his condition was assimilated to that of a 
 filiusfamilias, and he was regarded as a person. If 
 one person had a Nudum Jus (juiritium in a slave, 
 and he was another's In bonis, his acquisitions be- 
 longed to the person whose he was In bonis. If a 
 man bona tide possessed another man's slave or a free 
 person, he only acquired through the slave in two 
 cases : he was entitled to all that the slave acquired 
 out of or by means of the property of the possessor 
 {e,r re ejus) ; and he was entitled to all that the 
 slave acquired by his own labour (fa' opcris auii) ; 
 the law was the same with respect to a slave of 
 whom a man luid the Ususfnictus only. All other 
 acquisitions of such slaves or free persons belonged 
 to their owner or to themselves, according as they 
 were slaves or free men. (Ulp. Frai/. tit. 19.) If 
 a slave was appointed heres, he could only accept 
 the hereditas with the consent of his master, and 
 he acquired the hereditas for his master : in the 
 same way, the slave acquired a legacy for his mas- 
 ter. (Gaius, ii. 87, &c.) 
 
 A master could also acquire Possessio through 
 his slave, and thus have a commencement of Usu- 
 capion (Gaius, ii. 80); but the owner must have 
 the possession of the slave in order that he might 
 acquire possession through him, and consequently 
 a man could not acquire possession by means of a 
 pignorated slave. [PiGNUS.] A bonae fidei pos- 
 sessor, that is, one who believed the slave to be 
 his own, could acquire possession through him in 
 such cases as he could acquire property ; conse- 
 quently a pledgee could not acquire possession 
 through a pignorated slave, though he had the pos- 
 session of him bona fide, for this bona fides was 
 not that which is meant in the phrase bonae fidei 
 possessor. The Usufructuarius acquired posses- 
 sion through the slave in the same cases in which 
 the bonae fidei possessor acquired it. (Savigny, 
 Das Recht dcs Besitzes, p. 314. ed. 5.) 
 
 Slaves were not only employed in the usual do- 
 mestic offices and in the labours of the field, but 
 also as factors or agents for their masters in the 
 management of business [Institoria Actio, &c.], 
 and as mechanics, artisans, and in every branch of 
 industrj'. It may easily be conceived that inider 
 these circumstances, especially as they were often 
 intrusted with property to a large amount, there 
 must have arisen a practice of allowing the slave to 
 consider part of his gains as his own : this was his 
 Peculium, a term also applicable to such acquisi- 
 tions of a filiusfamilias as his father allowed him to 
 consider as his own. [P.^tria Potestas.] Ac- 
 cording to strict law, the Peculium was the pro- 
 perty of the master, but according to usage it was 
 considered to be the property of the slave. Some- 
 times it was agreed between master and slave, 
 that the slave should purchase his freedom with 
 his Peculium when it amounted to a certain sum. 
 (Tacit. A/nt, xiv. 42. and the note of Lipsius.) If 
 a slave was manumitted by the owner in his life- 
 time, the Peculium was considered to be given 
 together with Libertas, unless it was expressly 
 retained. (Dig. 15. tit. 1. s. 53, </e /"eraZio.) Trans- 
 actions of borrowing and lending could take place 
 between the master and slave with respect to the 
 Peculium, though no right of action arose on either 
 side out of such dealings, confonnably to a general 
 principle of Roman Law. (Gaius, iv. 78.) If after 
 the slave's manumission, the master paid him a 
 debt which had arisen in the manner above men- 
 
870 SERVUS (ROMAN). 
 
 tioned, he could not recover it. (Dii;. 12. tit. G. s. 
 64.) In case of the claim of creditors on the 
 slave's Peculium, the debt of the slave to the mas- 
 ter was first taken into the account, and deducted 
 from the Peculium. So far was the law moditied, 
 that in the case of the naturales obligationes, as 
 the Romans called tliem, between master and 
 slave, a fidejussor could bo bound for a slave, whe- 
 ther the creditor was an extraneus, or a dominus to 
 wliom the slave was indebted. 
 
 A naturalis obligatio might also result from the 
 dealings of a slave with other persons than his 
 master ; but the master was not at aU affected by 
 such dealings. The master was only bound by the 
 acts and dealings of the slave, when the slave was 
 employed as his agent or instrument, in which 
 case the master might be liable to an Actio Exer- 
 ciTORiA or Institoria. (Gains, iv. 71.) There 
 was of course an actio against the master, when the 
 slave acted by his orders. [Jussu, Quod, &c.] If 
 a slave or hliusfamilias traded with his peculium 
 witli the knowledge of the dominus or father, the 
 peculium and all tiiat was produced by it were divi- 
 siljle among the creditors and master or father in due 
 proportions (pro rata portio/tc), and if any of the 
 creditors complained of getting less than his share, 
 he had a tributoria actio against the master or 
 father, to whom the law gave the power of distri- 
 bution among the creditors. (Gaius, iv. 7'2, <Scc.) 
 The master was not liable for anything beyond 
 the amount of the peculimn, and his own demand 
 was payable first. (Dig. 14. tit. 4. de Trilmtona 
 Aduiue.) Sometimes a slave would have another 
 slave under hi)n, who had a peculium with respect 
 to the first slave, just as the first slave had a pecu- 
 lium with respect to his master. On this practice 
 was fomided the distinction between Servi Ordi- 
 iiarii and Vicarii. (Dig. 15. tit. 1. s. 17.) These 
 subordinate peculia were however legally consi- 
 dered as included in the principal peculium. In 
 the case of a slave dying, being sold or manumitted, 
 the Edict required that any action in respect of the 
 Peculium must be brought within a year. (Dig. 15. 
 tit. 2. s. 1. which contains the words of the Edict.) 
 If a slave or filiusfamilias had carried on dealings 
 without the knowledge and consent of his master 
 or father, there might be an action against the 
 master or father in respect of such dealings, so far 
 as it could be proved that he had derived advan- 
 tage from them. This was called the Actio de in 
 rem Verso (Dig. 15. tit. 3), and it was in fact the 
 same actio as that De Peculio. That was said 
 "in rem patris dominive versum," which turned 
 out for his advantage. For instance if a slave bor- 
 rowed ten sestertia and paid them to the master's 
 creditors, the master was bound to paj' the loan, 
 and the lender had an actio against him De in rem 
 verso. If the slave paid any part of the borrowed 
 sum to his master's creditors, the master was liable 
 to the lender for the amount so applied, and if the 
 slave had wasted the other part, the master was 
 bound to make that good to the amount of the 
 slave's pecidium ; but still with this provision, 
 that the amount of the slave's peculium could only 
 be ascertained by first deducting from it what he 
 owed to the master. The case was the same with 
 the peculimn of a son and a slave. Thus, as Gaius 
 observes (iv. 73, and the notes on c. 72), tiie Actio 
 De peculio and De in rem verso was one actio, but 
 contained two condemnationes. 
 
 It is a consequence of the relation of Slave and 
 
 SERVUS (ROMAN). 
 
 Master, that the Master acquired no rights against 
 the slave in consequence of his Delicts. Othei 
 persons might obtain rights against a slave in con- 
 sequence of his delicts, but their right could not be 
 prosecuted by action until the slave was manu- 
 mitted. (Gaius, iv. 77.) They had however a 
 right of action against the slave's master foi 
 damages, and if the master would not pay th( 
 damages, he must give up the slave. [NoxA.] Th( 
 slave was protected against injury from other per 
 sons. If the slave was killed, the master mighi 
 either prosecute the killer for a capital offence, oi 
 sue for damages under the Lex Aquillia. (Gaius 
 iii. 213.) [AciUiLLiA Lex ; Injuria.] The mas 
 ter had also a praetoria actio in duplura againsi 
 those wlio corrupted his slave {servus, serva) and 
 led him into bad practices (Dig. 11. tit. 3. s. 1 
 where the words of the Edict are given) : the ii 
 duplum was to twice the amount of the estimated 
 damage. He had also an action against a persoi 
 who committed stuprum with his female slave 
 (Dig. 47. tit. 10. s. 25.) 
 
 A runaway slave (/u</itivus) could not lawfuU) 
 be received or harbom'ed ; to conceal him was 
 Furtum. The master was intitled to pursue hin 
 wherever he pleased ; and it was the duty of all au 
 thorities to give him aid in recovering the slave. I 
 was the object of various laws to check the runnin; 
 away of slaves in every way, and accordingly ; 
 runaway slave coidd not legally be an object o 
 sale. A class of persons called Fugitivarii made i 
 their business to recover runaway slaves. The right, 
 of the master over the slave were in no way affect 
 ed by his running away. (Dig. 11. tit. 4. i)i 
 faijiticis : there was a Lex Fabia on this subject 
 and apparently two Senatusconsulta at least ; sei 
 also Varro, de Re Rust. iii. 14; Florus, iii. 1!).) 
 
 A person was a slave either Jure Gentium o: 
 Jure Civili. A person was bom a slave Jure Gen 
 tium, whose mother was a slave when she gavi 
 him birth (Gaius, i. 82) ; for it was a legal princi 
 pie that the status of those who were not begottei 
 in Justae Nuptiae was to be reckoned from the mo 
 ment of the birth. A slave bom in the master'i 
 house was Verna. But it was also a principle o 
 Roman Law that the status of a person who wa 
 begotten in Justae Nuptiae was reckoned from thi 
 time of conception. At a later period the rule o 
 law was established, that though a woman at thi 
 time of the birth might be a slave, stiU her child wa 
 free, if the mother had been free at any time reck 
 oning backwards from the time of the birth to th^ 
 time of the conception. (Paulus, S. K. ii. tit. 24 
 Dig. I. tit. 5. s. 5.) There were various cases o 
 children the offspring of a free parent and a slav- 
 as to which positive law provided whether th' 
 children shoidd be free or slaves. (Gaius, i. 83, &c. 
 [Senatusconsultum Claudianum.] 
 
 A person became a slave by capture in war, als 
 Jure Gentium. Captives in war were sold as bt 
 longing to the Aerarium or distributed among th 
 soldiers by lot. (See Walter's G'esehichli-', &,c. p. 50 
 note 35.) In reference to the practice of selUn 
 prisoners with a crown on their heads, we find tli 
 expression " sub corona venii-e, vendere." (Gel 
 vii. 4 ; Liv. v. 22 ; Caesar, Bell. Gall. iii. IG.) 
 
 A free person might become a slave in variou 
 ways in consequence of positive law. Jure Civili 
 This was the case with Incensi [Caput], and thos 
 who evaded military service. (Cic. pru C'(U'cimi 
 34.] In certiiin cases, a man became a slave, if h 
 
' SERVUS (ROMAN). 
 
 i allowed himself to be sold as a slave in order to 
 : defraud the ])iirchaser ; and a iiee woman who co- 
 
 habited with a slave might be reduced to the same 
 S condition. [Senatuscon.sultu.m Claudianum.J 
 
 ii Under the empire the rule was estiiblished that 
 persons coudcniMed in death, to tiie mines, and to 
 
 1 tight with wild l)easts, lost their freedom and their 
 I property was eonriscatod, whence, concludes Gaius, 
 I it appears that they lose the Testanienti factio. 
 i (Dig. "28. tit. 1. s. f!.) But this was not the earlier 
 I law. A person so condemned, though he lost his 
 i freedom, had no master, and consequently the 
 J hereditates and legacies which were left to him, 
 'J were simply void ; for such a person was " poenae 
 j servus, non Cacsaris." (Uig. 34. tit. 8. s. 3.) A 
 I man never lost his freedom by usucapion. (Gaius, 
 j ii. 48.) According to the old law a manifestos 
 i fur was liable to a capitalis poena and was ad- 
 j dieted {iMldm'Jjattir) to the person whose property 
 \ he had stolen ; but it was doubted whether the 
 1 effect of the addictio was to make him a servus or 
 to put him in the condition of an adjudicatus. 
 (Gaius, iii. 189.) 
 
 By a Constitutio or Senatusconsultum of Clau- 
 dius (Sueton. Claud. 25) a freedman who miscon- 
 ducted himself towards his patron, was reduced to 
 I his fonuer state of slavery. But this was not the 
 I rule of law in the time of Nero. (Tacit. A iin. xiii. 
 I 27 ; see the notes of Ernesti and Lipsius on this 
 I passage: and Patbonus, Libertus.) 
 1 The State of Slavery was terminated by Manu- 
 I Missio. It was also terminated by various positive 
 enactments, either by way of reward to the slave 
 or punishment to the master. The Sbnatuscon- 
 ■ SULTUM SiLANlANUM is an example of the fonner ; 
 and various subseipient Constitutions gave freedom 
 tn slaves who discovered the perpetrators of certain 
 c rimes. (Cod. Theod. tit. 21. s. 2.) Liberty might 
 :iku be acquired by the Jraescriptio Teraporis. 
 After the establishment of Christianity, it might 
 lie acquired subject to certain liniitiitions by becom- 
 ing a monk or a spiritual person (Nov. 5. c. 2 ; 
 and 123. c. 17. 35); but if the person left his 
 HKJuastery for a secular life, or rambled about in 
 the towns or the country, he might be reduced to 
 his former servile condition. 
 
 There were slaves that belonged to the state 
 and were called Servi Publici : they had the testa- 
 I menti factio to the amount of one half of their 
 i property (Ulp. Fra^. tit. 20), from which circum- 
 ji stance it appears that they were viewed in a 
 light somewhat different from the slaves of private 
 persons. [G. L.] 
 
 The preceding account treats of the legal con- 
 dition of slaves in their relation to their masters. 
 ( It remains to give an account of the history of 
 I slavery among the Romans, of the sale and value 
 I of slaves, of the ditferent classes into which they 
 were divided, and of their general treatment. 
 
 Slaves existed at Rome in the earliest times of 
 which we have any record ; but they do not ap- 
 pear to have been numerous under tlie kings and 
 in the earliest ages of the republic. The ditferent 
 trades and the mechanical arts were chiefly carried 
 on by the clientcs of the patricians, and the small 
 fanns in the country were cidtivated for the most 
 part by the hibours of the proprietor and of his 
 own family. But as the territories of the Roman 
 state were extended, the patricians obtained pos- 
 session of large estates out of the ager piiblicus, 
 since it was the privcticc of the Romans to deprive 
 
 SERVUS (ROMAN). 871 
 
 a conquered people of part of their land. These 
 estiites probaljly required a larger number of hands 
 for their cultivation tlian could readily be ob- 
 tained among the free population, and since the 
 freemen were constantly liable to be called away 
 from their work to serve in the armies, the 
 lands began to be cultivated almost entirely by 
 slave labour. (Compare Liv. vi. 12.) Through 
 war and connnerce slaves could easily be obtained, 
 and at a cheap rate, and their number soon became 
 so great, that the poorer class of freemen was 
 thrown almost entirely out of employment. This 
 state of things was one of the chief arguments 
 used by Licinius and the Gracchi for limiting the 
 quantity of public land which a person might pos- 
 sess (Appian, B. C. i. 7. 9, 10) ; and we know that 
 there was a provision in the Licinian Rogations 
 that a certain number of freemen should be em- 
 ployed on every estate. (Appian, B. C. i. 8.) This 
 regulation, however, was probably of little avail : 
 the lands still continued to be almost entirely cul- 
 tivated by slaves, although in the latest times of 
 the republic we find that Julius Caesar attempted 
 to remedy this state of things to some extent by 
 enacting, that of those persons who attended to 
 cattle a third should always be freemen. (Suet. 
 Jitl. 42.) In Sicily, which supplied Rome with 
 so great a quantity of corn, the number of agri- 
 cultural slaves was immense : the oppressions to 
 which they were exposed drove them twice to 
 open rebellion, and their numbers enabled them 
 to defy for a time the Roman power. The first of 
 these Servile wars began in B.C. 134 and ended in 
 B.C. 132, and the second commenced in B.C. 102 
 and lasted almost four years. 
 
 Long however after it had become the custom to 
 employ large gangs of slaves in the cultivation of 
 the land, the number of those who served as per- 
 sonal attendants still continued to be small. Per- 
 sons in good circiunstances seem usually to have 
 had one only to wait upon them (Plin. //. 
 xxxiii. 1. s. (i), who was generally called by the 
 name of his master with the word pur (that is, 
 jimr) affixed to it, as Caipor, Lucipur, Alarcipor, 
 Puldipoi; Qaiidipor, &.C. ; and hence Quintiliaii 
 (i. 4. § 2(J) says, long before whose time luxury 
 had augmented the number of personal attend- 
 ants, that such names no longer existed. Cato 
 when he went to Spain as consul, only took three 
 slaves with him. (Apul. Ap<d. p. 430. ed. Ouden.) 
 But during the latter times of the republic and mi- 
 der the empire the number of domestic slaves 
 greatly increased, and in every family of import- 
 ance there were separate slaves to attend to all the 
 necessities of domestic life. It was considered a 
 reproach to a man not to keep a considerable nmn- 
 ber of slaves. Thus Cicero, in describing the 
 meanness of Piso's housekeeping, says " Idem 
 coquus, idem atriensis : pistor domi nuUus" {hi Pis. 
 27 ). The first question asked respectnig a person's 
 fortune was "(juot pascit servos?" (Juv. iii. 141): 
 Horace {Sat. i. 3. 12) seems to speak of ten slaves 
 as the lowest number which a person in tolerable 
 cu'cumstances ought to keep, and he ridicules the 
 praetor Tullius for being attended by no more 
 than hve slaves in going from his Tiburtine viUa to 
 Rome. {Sat. i. 6. 107.) The immense number of 
 prisoners taken in the constant wars of the repub- 
 lic, and the increase of wealth and luxury aug- 
 mented the number of slaves to a prodigious extent. 
 The sUitement of Athenaeus (vi. p. 272. e), that 
 
872 SERVUS (ROMAN). 
 
 very many Romans possessed 10,000 and 20,000 
 slaves and even more, is probably an exaggeration, 
 but a freedman under Augustus, who had lost 
 much property in the civil wars, left at his death 
 as many as 4,116. (Plin. xxxiii. 10. s. 47.) Two 
 hundred was no uncommon number for one person 
 to keep (Ilor. Sat. i. 3. 11), and Augustus per- 
 mitted even a person that was exiled to take 
 twenty slaves or freednien with him. (Dion Cass. 
 Ivi. 27.) The mechanical arts, which were for- 
 merly in the hands of the Clientes, were now en- 
 tirely exercised by slaves (Cic. de Off. i. 42) : a 
 natural growth of things, for where slaves perform 
 certain duties or practise certain arts, such duties 
 or arts will be thought degrading to a freeman. It 
 must not be forgotten that the games of the amphi- 
 theatre required an immense number of slaves 
 trained for the purpose. [Gladiatorbs.] Like 
 the slaves in Sicily, the gladiators in Italy rose in 
 B. c. 73 against their oppressors, and under the 
 able generalship of Spartacus, defeated a Roman 
 consular army, and were not subdued till B. c. 71, 
 when 60,000 of them are said to have fallen in 
 battle. (Liv. Epit. 97.) 
 
 Under the empire various enactments, men- 
 tioned above (p. 869), were made to restrain the 
 cruelty of masters towards tlieir slaves ; but the 
 spread of Christianity tended most to ameliorate 
 the condition of slaves, thougli the possession of 
 them was for a long time by no means condemned 
 as contrary to Christian justice. The Christian 
 writers, however, inculcate the duty of acting to- 
 wards them as we would be acted by (Clem. Alex. 
 Paeda(jn(j. iii. 12), but down to the age of Theodo- 
 sius wealthy persons still continued to keep as many 
 as two or three thousand. (Chrysost. vol. vii. p. 633.) 
 Justinian did much to promote the idtimate extinc- 
 tion of slavery ; but the number of slaves was 
 again increased by the invasion of the barbarians 
 from the north, who not oidy brought with them 
 tlieir own slaves who were chiefly Sclavi or Sdavo- 
 nians (whence our word Slave), but also reduced 
 many of the inhabitants of the concjuered provinces 
 to the condition of slaves. But aU the various 
 classes of slaves became merged in course of time 
 into the Adscripti Olebae or serfs of the middle ages. 
 
 The chief sources from which the Romans ob- 
 tained slaves have been pointed out above. Under 
 the republic one of the chief supplies was prisoners 
 taken in war, who were sold by the quaestors 
 (Plaut. Capt. i. 2. 1, 2) with a crown on their 
 heads (see above, p. 870), and usually on the spot 
 where they were taken, as the care of a large num- 
 ber of captives was inconvenient. Consequently 
 slave-dealers usually accompanied an army, and 
 frequently after a great battle had been gained 
 many thousands were sold at once, when the 
 slave-dealers obtained tlu^m for a mere nothing. In 
 the camp of Lucullus on one occasion slaves were 
 sold for four drachmae each. The slave trade was 
 also carried on to a great extent, and after the fall 
 of Corintli and Carthage Delos was the chief mart 
 for this trartic. Wlien the Cilician pirates had 
 possession of tlie Mediterranean as many as 10,000 
 slaves are said to have been imported and sold 
 there in one day. (Strabo, xiv. p. 668.) A large 
 number came ii-om Thrace and the countries in the 
 north of Europe, but the chief supply was from 
 Africa, and more especially Asia, whence we fre- 
 quently read of Phrygians, Lycians, Cappadociaus, 
 &c. as slaves. 
 
 SERVUS (ROMAN). 
 
 The trade of slave-dealers (manrjones) was consi- 
 dered disreputaljle, and expressly distinguished 
 from that of merchants (iiiai/iioi/es noii mercaiores 
 si'il. rrinilkiarii apjivllitiitiir. Dig. 50. tit. 16. s. 207; 
 Plaut. Tiin. ii. "i. 51); but it was very lucrative, 
 and great fortunes were frequently realized from 
 it. The slave-dealer Thoranius, who lived in the 
 time of Augustus, was a well-known character. 
 (Suet. Awj. 69 ; Macrob. Sat. ii. 4 ; Plin. H. N. 
 vii. 12. s. 10.) Martial (viii. 13) mentions another 
 celebrated slave-dealer in his time of the name of 
 Gargilianus. 
 
 Slaves were usually sold by auction at Rome. 
 They were placed either on a raised stone (hence 
 de lapide emtus, Cic. in Pis. 15 ; Plaut. Bacch. iv. 
 7. 17), or a raised platform (catusta, TibuU. ii. 3. 
 60 ; Persius, vi. 77, Casaubon, ad loc), so that 
 every one might see and handle them, even if they 
 did not wish to purchase them. Purchasers >isu- 
 ally took care to have them stript naked (Senec. 
 Ep. 80 ; Suet. Aug. 69), for slave-dealers had re- 
 course to as many tricks to conceal personal defects 
 as the horse-jockeys of modem times : sometimes 
 purchasers called in the advice of medical men. 
 (Claudian, in Eutrop. i. 35, 36.) Slaves of great 
 beauty and rarity were not exhibited to public 
 gaze in the common slave-market, but were shown 
 to purchasers in private {arcana iahuUda catajstae. 
 Mart. ix. 60). Newly imported slaves had their 
 feet whitened with chalk (Plin. H. N. xxxv. 17. 
 s. 58 ; Ovid, Am. i. 8. 64), and those that came 
 from the East had their ears bored (Juv. i. 104), 
 which we know was a sign of slavery among mauy 
 eastern nations. The slave-market, like all other 
 markets, was under the jurisdiction of the aediles, 
 who made many regulations by edicts respecting the 
 sale of slaves. The character of the slave was set 
 forth in a scroll {titulus) hanging around his neck, 
 which was a warranty to the purchaser (Gell. iv. 
 2; Propert. iv. 5. 51) : the vendor was bound to 
 announce fairlj' all his defects (Dig. 21. tit. 1. s. 1; 
 Ilor. Sat. ii. 3. 284), and if he gave a false account 
 had to take him back within six months from the 
 time of his sale (Dig. 21. tit. I. s. 19. § 6), or make 
 up to the purchaser what the latter had lost 
 through obtaining an inferior kind of slave to 
 what had been wiirranted. (Dig. 19. tit. 1. s. 13. 
 § 4; Cic. de Off. iii. 16, 17, 23.) The vendor 
 might however use general terms of commendation 
 without being bound to make them good. (Dig. 
 18. tit. I. s. 43 ; 21. tit. I. s. 19.) The chief points 
 which the vendor had to warrant, was the health 
 of the slave, especially freedom from epilepsy, and 
 that he had not a tendency to thievery, running 
 avi'ay, or committing suicide. (Cic. de Off', iii. 
 17.) The nation of a slave was considered impor- 
 tant, and had to be set forth by the vendor. (Dig. 
 21. tit. 1. s. 31. § 21.) Slaves sold without any 
 warranty wore at the time of sale a cap (piL'iis) 
 upon their head. (Gell. vii. 4.) Slaves newly im- 
 ported were generally preferred for common work : 
 those who had served long were considered artful 
 {rcte rata res, Ter. Ileaut. v. 1. 16); and the pert- 
 ness and impudence of those born in their master's 
 house {vej-nae, see above, p. 870) were proverbial. 
 ( Vernae procaces. Hot. Sit. ii. 6. 66 ; Mart. i. 42. 
 X. 3.) 
 
 The value of slaves depended of course upon 
 their qualifications ; but under the empire the in- 
 crease of luxury and the corruption of morals led 
 pm'chasers to pay innnense sums for beautitiil 
 
SERVUS (ROMAN). 
 
 - slaves, or such as ministered to the caprice or whim 
 8 of the purchaser. Eunuchs always fetched a very 
 > high price (PHn. vii. 3.<). s. 40), and Martial (iii.G2 ; 
 ; xi. 70) speaks of beautiful boys who sold for as much 
 i as 100,000 or •200,000 sesterces each (885/. f!.s. 4./. 
 ( and 1770/. Ids. i)rL). A vinrio or fool somcthnes 
 I sold for 20,000 sesterces. (Mart. viii. 13.) Slaves 
 who possessed a knowledge of any art which might 
 I bring in profit to their owners, also sold for a large 
 •- sura. Thus literary men and doctors frequently 
 :, fetched a high price (Suet, de III. Grain.; Plin. 
 
 H. N. vii. 39. s. 40), and also slaves fitted for the 
 ; Stage, as we see from Cicero's speech on behalf of 
 i Q. Roscius. Female slaves who might bring in 
 , gain to their masters by prostitution were also 
 i dear : sometimes 60 minae were paid for a girl of 
 j this kind. (Plant. Pers. iv. 4. 113.) Five hun- 
 1 dred drachmae (perhaps at that time about Ifi/.) 
 j seem to have been a fair price for a good ordinary 
 j slave in the time of Horace. {Sat. ii. 7. 43.) In 
 3 the fourth century a slave capable of bearing arms 
 1 was valued at 25 solidi or aurei. [Auru.m, p. 11!J.] 
 (Cod. Theod. 7. tit. 13. s. 13.) In the time of 
 .1 ustinian the legal valuation of slaves was as fol- 
 l"u s : common slaves, both male and female, were 
 valued at 20 solidi a piece, and under ten years of 
 a^e at half that sum ; if they were artificers they 
 \\\ re worth 30 solidi, if notarii 50, if medical men 
 or midwives HO ; eunuchs under ten years of age 
 were worth 30 solidi, above that age 50, and if 
 they were artificers also, as much as 70. (Cod. G. 
 tit. 44. s. 3.) Female slaves, unless possessed of 
 personal attractions, were generally cheaper than 
 1 male. Six hundred sesterces (about 5/.) were 
 , thought too much for a slave girl of indifferent 
 character in the time of Martial (vi. CO) ; and two 
 aurei or solidi were not considered so low a price 
 for a slave girl (ancilla) in the time of Hadrian as 
 to occasion doubt of her having come honestly into 
 the hands of the vendor. (Dig. 47. tit. 2. s. 7l).) 
 We have seen that in the time of Justinian the 
 value of female slaves was equal to that of 
 males ; this may probably have arisen from the 
 circumstance that the supply of slaves was not so 
 abundant then as at eai'lier times, and that there- 
 fore recourse was had to propagation for keeping 
 up the number of slaves. But under the republic 
 and in the early times of the empire this was done 
 to a very limited extent, as it was found cheaper 
 to purchase than to breed slaves. 
 
 Slaves were divided into many various classes : 
 the first division was into public or private. The 
 former belonged to the state and public bodies, 
 and their condition was preferable to that of the 
 '. common slaves. They were less liable to be sold, 
 and under less control than ordinary slaves : they 
 also possessed the privilege of the testamenti factio 
 to the amount of one half of their property (see 
 above, p. 871), which shows that they were re- 
 garded in a different light from other slaves. Sci- 
 pio, tlierefore, on the taking of Nova Carthago, 
 promised 2000 artizans, who had been taken pri- 
 soners and were therefore to be sold as common 
 slaves, that they shoidd become public slaves of 
 the Roman people, with a hope of speedy manu- 
 mission, if they assisted him in the war. (Liv. 
 xxvi. 47.) Public slaves were employed to take 
 care of the public buildings (compare Tacit. Hint. 
 i. 43), and to attend upon magistrates and priests. 
 Thus the Aediles and Quaestors had great numbers 
 of public slaves at their command (Uell. xiii. 13), 
 
 SERVUS (ROMAN). 873 
 
 as had also the Triumviri Nocturni, who employed 
 them to extinguish fires by night. (Dig. 1. tit. 15. 
 s. I.) They were also employed as lictors, jailors, 
 executioners, watermen, &c. 
 
 A body of slaves belonging to one person was 
 called familki, but two were not considered suffi- 
 cient to constitute a familia. (Dig. 50. tit. IG. s. 
 40.) Private slaves were divided into urban 
 ( f'aniilia iirhana) and rustic {familia rustica) ; but 
 the name of urban was given to those slaves who 
 served in the villa or country residence as well as 
 in the town house ; so that the words urban and 
 rustic rather characterized the nature of their oc- 
 cupations than the place where they served. ( Ur- 
 hana familia et rustica non loco^ seel (/eiicrc distiiir 
 guitur., Dig. 50. tit. IG. s. 1G6.) The familia 
 urbana could therefore accompany their master to 
 his villa without being ciiUed rustica on account of 
 their remaining in the country. When there was 
 a large number of slaves in one house, they were 
 frequently divided into decuriae (Petron. 47) : but 
 independent of this division they were arranged in 
 certain classes, which held a higher or a lower rank 
 according to the nature of their occupation. These 
 classes are : Ordi/iarii, Vulyares, Mediastiiii, and 
 Qmilcs-Qicalcs (Dig. 47. tit. 10. s. 15), but it is 
 doubtful whether the Literati or literary slaves 
 were included in any of these classes. Those that 
 were called Vicarii are spoken of above (p. 870). 
 
 Ordinarii seem to have been those slaves who 
 had the superintendence of certain parts of the 
 housekeeping. They were always chosen from 
 those who had the confidence of their master, and 
 they generally had certain slaves under them. To 
 this class the adores, jirocaratnres and dispeiisatores 
 belong, who occur in the familia rustica as well as 
 the familia ui'bana, but in the former are almost 
 the same as the villici. They were stewards or 
 bailiffs. (Colum. i. 7, 8 ; Plin. Ep. iii. 1!) ; Cic. ad 
 ^1«. xi. 1; Suet. (rWi. 12 ; Cc-y/. 22.) To the same 
 class also belong the slaves who had the charge of 
 the different stores, and who correspond to our 
 housekeepers and butlers : they are called cellarii, 
 promi, mndi, pnicuru.lores pe.ni, &c. [Cella.J 
 
 Vulgarcs included the great body of slaves in a 
 house who had to attend to any particuhir duty in 
 the house, and to minister to the domestic wants 
 of their master. As there were distinct slaves or 
 a distinct slave for almost every department of 
 household economy, as bakers {pistures), cooks 
 {coijui), confectioners {didciarii), picklcrs {salincn- 
 tarii), &c. it is unnecessary to mention these more 
 particularly. This class also included the porters 
 {Ostiarii), the bed-chamber slaves [Cubicularii], 
 the litter-bearers {leeticarii) [Lectica], and all 
 personal attendants of any kind. 
 
 Mediastini. [Mediastini.] 
 
 Quales-Qimles are only mentioned in the Digest 
 (/. c), and appear to have been the lowest class of 
 slaves, but in what respects they differed from the 
 Mediastini is doubtful : Becker {Oallus, i. p. 125) 
 imagines they may have been a kind of slaves, 
 qualiquali cmiditione vivenles, which however does 
 not give us any idea of their duties or occupations. 
 
 Literati, literary slaves, were used for various 
 purposes by their masters, either as readers {aua- 
 g/instae) [Acroama], copyists or amanuenses [Li- 
 BRARii ; Amanuensis], &c. Complete lists of all 
 the duties perfonned by slaves are given in the 
 works of Pignorius, Popma, and Blaii', referred to 
 at the close of this article. 
 
874 SERVUS (ROMAN). 
 
 SESTERTIUS. 
 
 The treatment of slaves of course varied greatly 
 according to the disposition of their masters, but 
 they appear upon the whole to have been treated 
 with greater severity and cruelty than among the 
 Athenians. Originally the master could use the 
 slave as he pleased : under the republic the law 
 does not seem to have protected the person or life 
 of the slave at all, but the cruelty of masters was 
 to some extent restrained under the empire, as has 
 been stated above (p. i)6'9). The general treat- 
 ment of slaves, however, was probably little affect- 
 ed by legislative enactments. In early times, when 
 the number of slaves was small, they were treat- 
 de with more indulgence, and more like mem- 
 bers of the family : they joined their masters in 
 offering up prayers and thanksgivings to the gods 
 (Hor. Ep. ii. I. 142), and partook of their meals 
 in common with their masters (Plut. Coriol. 24), 
 though not at the same table with them, but upon 
 benches {xuhsdliu) placed at the foot of the lectus. 
 But with the increase of numbers and of luxury 
 among masters, the ancient simplicity of manners 
 was changed : a certain quantity of food was allow- 
 ed them {dimemum or deiiwnsuin), which was 
 granted to them either monthlj* {^iiu: nstnmiii, Y\a,u.t. 
 Stick, i. 2, 3), or daily (^diui'iui/i, ilor. J£ji. i. 14. 41 ; 
 Mart. xi. 10!i). Tlieir chief food was the corn, 
 called far, of which eitlier four or Hvo modii were 
 granted them a month (Doiiat. in Tcr. I'horni.i. 1. 
 S); Sell. yy<. or one Roman pound (liliru) a day. 
 (Hor. .Si(/.i..'i.(i!).) They also obtained an allowance 
 of salt and oil : Cato (^H. It. 58) allowed his slaves 
 a sextarius of oil a month and a modius of salt a 
 year. They also got a small quantity of wine with 
 an additional allowance on the Satmnalia and 
 Compitalia (Cato, N. Ii. 57), and sometimes fruit, 
 but seldom vegetables. Butcher's meat seems to 
 have been hardly ever given them. 
 
 Under the republic they were not allowed to 
 serve in the anny, though after the battle of Can- 
 nae, when the state was in such imminent danger, 
 oUOO slaves were purchased by the state for the 
 army, and subsequently manumitted on account of 
 their bravery. (Liv. xxii. 57 ; xxiv. 14 — I fa'.) 
 
 The offences of slaves were punished with 
 severity and frequently the utmost barbarity. One 
 of the mildest punibhments was the removal 
 from the familia urbana to the rustica, where 
 they were obliged to work in chains or fetters. 
 (Plant. Most. i. 1. 18 ; Ter. Pkonn. ii. 1. 20.) 
 They were frequently beaten with sticks or scoui'g- 
 ed with the whip (of which an accoimt is given 
 under Flagrum), but these were such every day 
 punishments, that many slaves ceased almost to 
 care for them : thus Chrysalus says (Plaut.iictcc/iwi. 
 ii. 3. 131), 
 
 " Si illi sunt virgae nu'i, at mihi tergum est domi." 
 
 Runaway slaves {fuijitivi) and thieves {/ures) 
 were branded on the forehead with a mark(sZi(/7Ha), 
 whence they are said to be notuii or inscripti. 
 (Mart. viii. 75. J).) Slaves were also punished by 
 being hung up by their hands with weights sus- 
 j)ended to their feet (Plant. Asin. ii. 2. 37, 38), or 
 by being sent to work in the Ergastulum or Pistri- 
 num. [Erga.stulum ; Mula.] The carrying of the 
 furca was a very common mode of punishment. 
 [FuRCA.] The toilet of the Roman ladies was a 
 dreadful ordeal to the female slaves, who were often 
 barbarously punished by their udstresses for the 
 slightest mistake in the arriingeuieut of the hair or a 
 
 part of the dress. (Ovid, Am. i. 14. 15 ; Ar. Am, 
 iii. 235 ; Mart. ii. Gfa' ; Juv. vi. 498, &c.) 
 
 Masters might work their slaves as many horns 
 in the day as they pleased, but they usually allow- 
 ed them holidays on the public festivals. At the 
 festival of Satm-uus in particular, special indulgen- 
 ces were granted to all slaves, of which an account 
 is given under Saturnalia. 
 
 There was no distinctive dress for slaves. It 
 was once proposed in the senate to give slaves 
 a distinctive costume, but it was rejected since it 
 was considered dangerous to show them their 
 number. (Sen. de Clem. i. 24.) Male slaves were 
 not allowed to wear the toga or bulla, nor females 
 the stola, but otherwise they were di-essed nearly 
 in the same way as poor people, in clothes of a dark 
 colour {pidlati) and slippers {crepidae). ( rcslis 
 scrvilis, Cic. in Pis. 38.) 
 
 The rights of burial, however, were not denied 
 to slaves, for as the Romans regarded slavery as an 
 institution of society, death was considered to put 
 an end to the distinction between slaves and free- 
 men. Slaves were sometimes even buried with 
 their masters, and we find fuueral inscriptions ad- 
 dressed to the Dii Manes of slaves {Dis Maiiibus). It 
 seems to have been considered a duty for a master 
 to buiy his slave, since we hud that a person, who 
 buried the slave of another, had a right of action 
 against the master for the expenses of the funeral. 
 (Dig. II. tit. 7. s. 31.) In 1720 the bmial vaults 
 of the slaves belonging to Augustus and Livia were 
 discovered near the Via Appia, where numerous 
 inscriptions were found, which have been illustrat- 
 ed by Bianchini and Gori and give us considerable 
 information respecting the different classes of slaves 
 and their various occupations. Other scpuLclireta 
 of the same time have been also discovered in the 
 neighbourhood of Rome. 
 
 (Pignorius, dc Servis d cunim apud VetcresMmis- 
 iei-iis ; Popma, de Upcris Serruruin ; Blair, An En- 
 tpiirij into ilui State of Slarcri) umonyst tlie Roniam, 
 Edinbm-gh, 1833 ; Becker, Uallus, i. p. 103, &.c.) 
 
 SESCUNX. [As, p. 102.] 
 
 SESTE'RTIUS, a Roman coin, which properly 
 belonged to the silver coinage, in which it was one- 
 fourth of the denarius, and therefore equal to 2^ 
 asses. Hence the name, which is an abbreviation 
 of semis tertias (sc. numnius), the Roman mode of 
 expressing 2-i. (Varro, L. L. v. 173. ed. MUller; 
 Festus, s. V. ; Plin. //. A^. xxxiii. 13.) Tlie word 
 Niimmus is often expressed with sestertius, aud 
 often it stands alone, meaning sestertius. 
 
 Hence the symbol H S or IIS, which is used 
 to designate the sestertius. It stands either for 
 L L S {Libra Liiira ct Semis), or for II S, the two 
 I's merely fomiing the numeral two (sc. asses or 
 librae), wd the whole being in either case equi- 
 valent to dupondius et semis. (Priscian, de Ponder. 
 p. 1347 ; Festus, p. 347, MUller.) 
 
 When the as was reduced to half an ounce, and 
 the number of asses in the denarius was made 
 sixteen instead of ten [As, Denarius], the ses- 
 tertius was still ^ of the denarius, and therefore 
 contained no longer 2^, but 4 asses. The old reck- 
 oning of 10 asses to the denarius was kept, how- 
 ever, in paying the troops. (Plin. xxxiii. 13.) 
 After this change the sestertius was coined in brass 
 as well as in silver ; the metal used for it was that 
 called auriehulcum, which was much finer than the 
 comnuin aes, of which the asses were made. (Plin. 
 //. N. xxxiv. 2.) 
 
SESTERTIUS. 
 
 SHIPS. 
 
 875 
 
 The sum of 1000 sestertii was called sestertimn. ' 
 jiThis was also denoted by the symbol H S, the 
 iiobvious explanation of which is "IIS ('i^) mil- 
 lia but Gronovius understands it as 2-^ pounds 
 ill silver {sesieiiimit poinlus artjc/iti), which he con- ' 
 siders to have been worth originally 1 000 sestertii, 
 and therefore to have represented this value ever 
 after. {Fct: Ci-/. i. 4. 1 1.) The scste/-/H«K was al- 
 ys a sum of money, never a coin ; the coin used 
 in the payment of large sums was the denarius. 
 
 According to the value we have assigned to the 
 Oknakius, up to the time of Augustus, we have 
 s. d. farth. 
 the sestertius =^0 0 2 "5 
 the sestertium= 8 17 I 
 writer the reign of Augustus 
 
 the sestertius =00 1 .3".5 
 tiie sestertium = 7 IG 3 
 Tlie sestertius was the denomination of money 
 iliiiost always used in reckoning considerable 
 amounts. There are a very few examples of the 
 iiM' of the denarius for this purpose. The mode of 
 i> ckoniiig was as follows : — 
 
 Sestertius ~ sestertius nummns = nummus. 
 yams below lOOO sestertii were expressed by the 
 numeral adjectives joined with either of these forms. 
 
 Tile sum of 1000 sestertii = millc sestertii — 
 M sestertiiiM (for sesiertioruin) =M numiid — M 
 ■iiiimmuiii (for numiiiorum) = M sestertii 7iummi=z 
 M sestertium numiiium = sestertimn. These forms 
 arc used with the numeral adjectives below 1000 . 
 sometimes millia is used instead of sestertia : some- 
 times both words are omitted : sometimes nummum 
 or sestertium is added. For example, 600,000 
 ■i' stertii = seseenta sestertia — scscenta miliiu — 
 sr^^eeiita = seseenta sestertia nummum. 
 
 For sums of a thousand sestertia {i. e. a million 
 sestertii) and upwards, the numeral adverbs in ies 
 {ilceies, miiiecies, viiies, ^c.) are used, with which 
 the words centena millia (a hundred thousand) 
 must be understood. With these adverbs the 
 neuter singular sestertium is joined in the case re- 
 (|uired by the construction. (Nepos, Att. xiv. 2, 
 L;i\es sestertiu vicies and sestertii/ ceiities.) Thus, 
 t/ceies sestertium — decies centena millia sestertium ~ 
 ten times a hundred thousand sestertii — 1,000,000 
 sestertii = 1000 sestertia : millies H S —inillies cen- 
 tena millia sestertium — a tliousand times one him- 
 dred thousand sestertii = 100,000,000 sestertii — 
 1 00,000 sestertia. When an amount is described 
 by more than one of these adverbs in ies, they must 
 be added together if the larger numeral stands first, 
 but multiplied when the smaller is first ; care how- 
 ever being taken not to reckon the centeua millia 
 which is understood more than once in the whole 
 amount. Thus, Suetonius (Oetav. 101) has 'millies 
 et quimieiities for 150,000 sestertia, i. e. 100,000,000 
 + 50,000,000 = 150,000,000 sestertii, and imme- 
 diately after quaterdecies millies for 1,400,000 ses- 
 terti;^ ^. e. 14 X 1000 X 100,000 (= 1,400,000,000) 
 sestertii. A variety was allowed in these tonus : 
 thus Cicero uses decies et octhujenta millia for UiOO 
 sestertia, /. e. 1,000,000 + 800,000 sestertii, and 
 ijmderdeeies for 1400 sestertia, i. e. 14 X 100,000 
 sestertii. {In Ver. ii. i. 39.) 
 
 When the numbers are written in cypher, it is 
 often difficult to know whether sestertii or sestertia 
 arc meant. A distinction is sometimes made by a 
 line placed over the numeral wlien sestertiu are in- 
 tended, or in other words, when the numeral is an 
 adverb in ies. Thus 
 
 HS . M.C. = 1100 sestertii, but 
 
 HS . M.C. = HS millies centics 
 
 = 110,000 sestertia = 110,000,000 
 
 sestertii. 
 
 Wuriu (p. 24) gives the following rule : When 
 the numbers are divided into three classes by 
 points, tlie right-hand division indicates units, the 
 second thousands, the third hundreds of thousands. 
 Thus, III. XII. DC =1300,000 + 12,000 + 600 = 
 312,000 sestertii. But these distinctions arc by 
 no means strictly observed in the manuscripts. 
 
 Like other parts and multiples of the as, the 
 sestertius is applied to other kinds of magnitude, 
 e. g. jies sestertius for 2^ feet. [Pes.] 
 
 It has been assumed throughout this article that 
 the forms of sestertium, as a neuter simjidar, are 
 genuine, a fact whicli may admit of doubt. 
 
 Sesterce is sometimes used as an English word. 
 If so, it ought to be used only as the translation of 
 sestertius, never of sestertium. [P. S.] 
 
 SEVIR. [EtiUiTKs, p. 397.] 
 SEX SUFFRA'GIA. [Equitbs, p. 395.] 
 SEXTANS, [As, p. 102.] 
 SEXTA'RIUS, a Roman dry and liquid mea- 
 sure, which may be considered one of the principal 
 measures in the Roman system and the connecting 
 point between it and that of the Greeks, for it was 
 equal to the leo-Trjs of the latter. It was one-sixth 
 of the coiigius, and hence its name. It was di- 
 vided, in the same manner as the As, into parts 
 named uncia, seaians, qumlrans, tricns, (/uincmu; 
 se missis, Sfc. The uncia, or twelfth part of the 
 sextarius, was the Cv.\thus ; its sedans was 
 tlierefore two cyathi, its quadrans three, its triem 
 four, its quincunx five, &c. (Wurm, de Pond. &c. 
 p. 118.) 
 
 The following table exhibits the principal Roman 
 liquid measures, with their contents in the English 
 imperial measure. The dry measures, which are 
 nearly the same, have been given under MoDius. 
 
 
 Sextarii. 
 
 Calls. 
 
 Pints. 
 
 Culeus, coutaiiiing 
 Amphora „ 
 
 9(10 
 
 118 
 
 7-54G 
 
 48 
 
 5 
 
 7-577 
 
 Urna „ 
 
 24 
 
 2 
 
 7-788 
 
 Congius „ 
 
 6 
 
 ^9 
 
 5-9471 
 
 Sextarius „ 
 
 1 
 
 !9 
 
 •9911 
 
 Hemina ,, 
 
 1 
 
 2 
 
 19 
 
 -4955 
 
 Quartarius ,, 
 
 1 
 
 
 •2477 
 
 Acetabulum „ 
 
 1 
 
 8 
 
 « 
 
 •1238 
 
 Cyathus „ 
 
 I 
 
 1 2 
 
 
 •0825 
 
 Ligida ,, 
 
 TS 
 
 99 
 
 •0-20(i 
 
 [P. «■] 
 
 SEXTULA, the si.xth part of the uncia, was 
 the snuiUest denomination of money in use among 
 the Romans. (Varro, L. L. v. 171. ed. Muller.) 
 It was also applied, like the uncia, to other kinds 
 of niagnitude. [Uncia.] [P. S.] 
 
 SHIPS (yaus, ir\o7ou, navis, naviijium). The 
 beginning of the art of ship-building and of naviga- 
 tion aiiumg the (ireeks must be referred to a time 
 mucli anterior to the ages of which we have any 
 record. Even in tlie earliest mytliical stories long 
 voyages are mentioned, wliich are certainly not 
 altogether poetical fabrications, and we have every 
 reason to suppose that at this early age ships were 
 used which were far superior to a simple canoe, 
 and of a much more complicated structure. The 
 time, therefore, when boats consisted of one hollow 
 tree (Aluuojyla), or wlien sliips were merely rafts 
 (/{ales, (7x«5i'ai) tied together with leathern thongs. 
 
876 
 
 SHIPS. 
 
 SHIPS. 
 
 ropes, and other substamos (Plin. //. A'', vii. 57), 
 belongs to a period of which not thi- slightest re- 
 cord has reached lis, althouifh such rude ;ind sim- 
 (jle boats or rafts continued occasionally to be used 
 down to the latest times, and appear to have been 
 very common among several of the barbarous na- 
 tions with which the Romans came in contact. 
 (Codex, Linter ; compare (juintil. x. 2 ; Flor. iv. 
 2 ; Fest. s. v. Schcdia ; Liv. xxi. 26.) Passing 
 over the story of the ship Argo and the expedition 
 of the Argonauts, we shall proceed to consider the 
 ships as described in the Homeric poems. 
 
 The numerous fleet, with which the Greeks 
 sailed to the coast of Asia Minor, must on the 
 whole be regarded as sufficient evidence of the 
 extent to which navigation was carried on in those 
 times, however much of the detail in the Homeric 
 description may have arisen from the poet's own 
 imagination. In the Homeric catalogue it is stated 
 that each of the fifty Boeotian ships carried 120 
 warriors (//. ii. 510), and a ship which carried so 
 many cannot have been of small dimensions. 
 What Homer here states of the Boeotian vessels 
 applies more or less to the ships of other Greeks. 
 These boats were provided with a mast (iVtcJs) 
 which was fastened bj* two ropes [irpSTWoi) to the 
 two ends of the ship, so that when the rope con- 
 necting it with the prow broke, the mast would fall 
 towards the stern, where it might kill the helms- 
 man. (Od. xii. 409, &c.) The mast could be 
 erected or taken down as necessity required. They 
 also had sails (iVT/a), but only a half-deck ; each 
 vessel however appears to have had only one sail, 
 which was used in favourable wind ; and the prin- 
 cijial means of propelling tlie vessel lay in the 
 rowers, who sat upon benches (/cXiji'Ses). The 
 oars were fastened to the side of the ship with 
 leathern thongs (rpowul Sfpfidrivoi, Oil. iv. 7!i2), in 
 which they were turned as a key in its hole. The 
 ships in Plomer are mostly called black (yUe'Aaicai), 
 probably because they were painted or covered 
 with a black substance, such as pitch, to protect the 
 wood against the influence of the water and the 
 air ; simietinies other colours, such as fi'iKros, 
 •iniiiiiiiii (a red colour), were used to adorn the sides 
 of the ships near the prow, whence Homer occa- 
 sionally calls ships jiiKTOTtaprioi, i. c. red-cheeked 
 (//. ii. 637; 0<l. ix. 125); they were also painted 
 occasionally with a purple colour ((poiviKuvappoi, 
 Od. xi. 124). When the Greeks had landed on 
 the coast of Troy, the ships were drawn on land, 
 and fastened at the poop with a rope to large 
 stones, which served as aiielinrs (Ancora, Mo- 
 schopul. ad II. i. 43G). The ( ireeks then surround- 
 ed the fleet with a fortiticalion to secure it against 
 the attacks of the enemy. This custom of draw- 
 ing the ships upon the shore, when they were not 
 used, was followed in later times also, as every 
 one will remember from the accounts in Caesar's 
 Commentaries. There is a celebrated but difficult 
 passage in the Odyssey (v. 243, 6cc.), in wliich 
 the building of a boat is described, although not 
 with the minuteness which an actual ship-builder 
 might wish for. Odj'sscus first cuts down with 
 his axe twenty trees, and prepares the wood for 
 his purpose by cutting it smooth and giving it the 
 projier shape. He then bores the Iioles for nails 
 and hooks, and fits the jjlanks together and fastens 
 them with nails. He rounds the bottom of the 
 ship like tliat of a broad transport vessel, and 
 raises the bulwark {inpia), iitting it upon the nu- 
 
 merous ribs of the ship. He afterwards covers the 
 whole of the outside with planks, which are laid 
 across the ribs from the keel upwards to the bulwark; 
 next the mast is made, and the sail-yard attached 
 to it, and lastly the rudder. When the ship is thus 
 far completed, lie raises the bulwark still higher 
 by wicker-work which goes all around the vessel, 
 as a protection against the waves. This raised 
 bulwark of w'ickerwork and the like was used in 
 later times also. (Eustath. ad Od. v. 256.) For 
 ballast Odysseus throws into the ship vKi), whicii 
 according to the Scholiast consisted of wood, stones, 
 and sand. Calypso then brings him materials to 
 make a sail of, and he fastens the viripai or ropes 
 which ran from the top of the mast to the two 
 ends of the yard, and also the KaXoi with which 
 the sail is drawn up or let down. The iroSes men- 
 tioned in this passage were undoubtedly, as in 
 later times, the ropes attached to the two lower 
 comers of the square sail. (Comp. Nitzsch. An- 
 iiier/i. z. Odyss. vol. ii. p. 35, &c. ; Ukert, Beruerk. 
 iilicr Hum. Umijr. p. 20.) The ship of which the 
 building is thus described was a small boat, a 
 (rX^Sia as Homer calls it ; but it had like all the 
 Homeric ships a round or flat bottom. Greater 
 ships must have been of a more complicated struc- 
 ture, as ship-builders are praised as artists. (//. v. 
 60, &c.) In the article Ceruchi, p. 215, a repre- 
 sentation of two boats is given which appear to 
 bear great resemblance to the one of which the 
 building is described in the Odyssey. (Comp. 
 Thiriwall, Ilkt. of Greece, i. p. 219.) 
 
 It is a general opinion, that in the Homeric age 
 sailors did not venture out into the open sea, but that 
 such was really done is clear from the fact, that 
 Homer makes Odysseus say that he had lost sight 
 of land, and saw nothing but the sky and water 
 (Od. xii. 403; comp. xiv. 302 ; Virg. Aeti. m. 
 192, (Stc), although on the whole it may be ad- 
 mitted, that even down to the later historical times 
 tlie navigation of the ancients was conlined to 
 coasting along the shore. Homer never mentions 
 engagements at sea. The Greeks most renowned 
 in the heroic ages as sailors were the Cretans, 
 whose king Minos is said to have possessed a large 
 fleet, and also the Phaeacians. (Thucyd. i. 4 ; 
 Hom. Od. viii. 110, &c.) 
 
 After the times of the Trojan war, navigation, 
 and with it tlie art of ship-building, must have be- 
 come greatlj' improved, on account of the establish- 
 ment of the numerous colonies on foreign coasts, 
 and the increased commercial intercourse with 
 these colonies and other foreign countries. The 
 practice of piracy, which was during this period 
 carried on to a great extent not only between 
 Greeks and foreigners, but also among the Greeks 
 themselves, must likewise have contributed to the 
 improvement of ships and of navigation, although 
 no particulars are mentioned. In Greece itself the 
 Corinthians were the first who brought the art of 
 ship-building nearest to the point at which we find 
 it in the time of Thucj'dides, 'and they were the 
 first who introduced ships with three ranks of 
 rowers (Tpirip^is, Triremes). About the year 700 
 li. c. Ameinocles the Corinthian, to whom this in- 
 vention is ascribed, made the Samians acquainted 
 with it (Tliucyd. i. 13 ; Plin. H. N. vii. 57) ; hut 
 it must have been preceded by that of the Biremcs, 
 that is, ships with two ranks of rowers, which 
 Pliny attributes to the Erythraeans. These inno- 
 vations however do not seem to have been gene- 
 
SHIPS. 
 
 SHIPS. 
 
 877 
 
 rally adopted for a long time; for we read that 
 about the time of Cyrus the Phocaeans introduced 
 long sharp-kc^eled ships called ■nevTriKovTopoi. (He- 
 rod, i. 1(!3.) These belon^'ed to the class of long 
 war-sliips (v-ijes //.aicpai), and had fifty rowers, 
 twenty-five on each side of the ship, who sat in 
 tone row. It is further stated that before this 
 • time vessels called arpoyyvKai, with large round 
 or rather flat bottoms, had been used exclusively 
 Ijy all the lonians in Asia. At this period most 
 Greeks seem to have adopted the long shi])S with 
 ; only one rank of rowers on eacli side ; their name 
 varied accordingly as tliey had fifty, or thirty 
 {rpiaKOVTopos), or even a smaller number of row- 
 ers. A ship of war of this class is represented in 
 the annexed woodcut, which is taken from Mont- 
 faucon, VAniiq. Ejpliq. vol. iv. part 2. pi. 142. 
 
 The following woodcut contains a beautiful frag- 
 ment of a Blrerae with a complete deck. (Winck- 
 • elmann, Monum. Antich. incdit. pi. 207.) An- 
 other speaimen of a small Bii'eme is given in p. 48. 
 
 The first Greek people who acquired a navy of 
 importance were the Corinthians, Samians, and 
 Pliocaeans. About the time of Cyrus and Cam- 
 lixses the Corinthian Tru'emes were generally 
 :iiliipted by the Sicilian tyrants and by the Corcy- 
 raeans, who soon accjuired the most powerful na- 
 vies among the Greeks. In other parts of Greece 
 and even at Athens and in Aegina the most com- 
 mon vessels about this time were long ships with 
 only one rank of rowers. Athens, although the 
 foundation of its maritime power had been laid by 
 Solon [NATKPAPI'A], did not obtain a fleet of any 
 importiince until the time of Themistocles, who 
 persuaded them to build 200 Triremes for the pur- 
 pose of carrying on the war against Aegina. But 
 even then ships were not provided with complete 
 decks (xaToiTTpeiSjuaTo) covering the whole of the 
 vessel. (Thucyd. i. 14 ; Herod, vii. 144.) A com- 
 plete deck appears to have been an invention of 
 later times ; Pliny ascribes it to the Thasians, and 
 before this event the ships had only small decks at 
 the poop and the prow. At the same time when 
 Themistocles induced the Athenians to build a 
 fleet of 200 sails, he also carried a decree, that 
 
 every year twenty new Triremes should be built 
 from the produce of the mines of Laurium. (Po- 
 lyaen. i. 30 ; Plut. T/wiiusi. 4 ; comp. Biickh, 
 Sttiat.-://. i. p. 2()8.) After the time of Themisto- 
 cles as many as twenty Triremes must liave been 
 built every year both in times of war and of peace, 
 as the average number of Triremes which was 
 always ready was from three to four hundred. 
 Such an annual addition was the more necessary, 
 as the vessels were of a light structure and did not 
 last long. The whole superintendence of the build- 
 ing of new Triremes was in the hands of the senate 
 of the Five Hundred (Deraosth. c. Ami rot. p. .598), 
 but the actual business was entrusted to a commit- 
 tee called the rpiripotroiol, one of whom acted as 
 tlieir treasurer, and had in his keeping the money 
 set apart for the purpose. In the time of Demos- 
 thenes a treasurer of the Tf)ir)po7roioi ran away with 
 the money, which amounted to two talents and a 
 half. During the time after Alexander the Great 
 the Attic navy appears to have become considerably 
 diminished, as in 307 u. c. Demetrius Poliorcetes 
 promised the Athenians timber for 100 new Tri- 
 remes. (Diod. XX. 46; Plwt. Dmnetr. 10.) After 
 this time the Rhodians became the most important 
 maritime power in Greece. The navy of Sparta 
 was never of great importance. 
 
 Navigation remained for the most part what it 
 had been before : the Greeks seldom ventured out 
 into the open sea, and it was generally considered 
 necessary to remain in sight of the coast or of some 
 island, which also served as guides in daytime : in 
 the night the position, the rising and setting of the 
 different stars also answered the same purpose. In 
 winter navigation generally ceased altogether. In 
 cases where it would have been necessary to coast 
 around a considerable extent of country, which was 
 connected with the main land by a narrow neck, 
 the ships were sometimes drawn across the neck of 
 land from one sea to the other, by machines called 
 6\Koi. This was done most frequently across the 
 isthmus of Corinth. (Herod, vii. 24 ; Thucyd. viii. 
 1; iii. 15, with the Schol. ; Strab. viii. p. 380 ; 
 Polyb. iv. 19; v. 101.) 
 
 Now as regards the various kinds of ships used 
 by the Greeks, we might divide thcra with Pliny 
 according to the number of ranks of rowers em- 
 ployed in them, into Moneres, Biremes, Triremes, 
 Quadrireraes, Quinqueremes, &c., up to the enor- 
 mous ship with forty ranks of rowers, built by Pto- 
 lemaeus Philopator. (Plin. c; Athen. v. p. 20-3, 
 &c.) But all these appear to have been constructed 
 on the same principle, and it is more convenient to 
 divide them into shipa of tear and ships of Imrdeii 
 {^ipopTLKO., (poprriyo], oA/caSes, TrAoTa, arpoyyvKai, 
 7iaves onerariae, iiaivs aiiiiuruit ). Ships of the 
 latter kind were not calcidated for quick move- 
 ment or rapid sailing, but to carry the greatest 
 possible quantity of goods. Hence their structure 
 was bulky, their bottom round, and although they 
 were not without rowers, yet the chief means by 
 which they were propelled were their sails. 
 
 The most common ships of war, after they had 
 once been generally introduced, were the Triremes, 
 and they are frequently designated only by the 
 name c^es, while all the others are called by the 
 name indicating their peculiar character. Triremes 
 however were again divided into two classes : the 
 one consisting of real men-of-war, which were 
 quick-sailing vessels (rax^^ai), and the other of 
 I transports either for soldiers ((TTpoTicuTiSey or 
 
878 
 
 SHIPS. 
 
 SHIPS. 
 
 OTrKnayuyoi) or for horses {'nTirrtyoi, tirrraywyoi). 
 Ships of this class were more heavy and awkward, 
 and were therefore not used in battle except in 
 cases of necessity. (Thucyd. i. 1 The ordi- 
 
 nary size of a war gfalley may be inferred from the 
 fact that the average number of men engaged in it, 
 including the crew and marines, was two hundred, 
 to whom on some occasions as much as thirty 
 epibatae were added. (Herod, viii. 17; vii. 184. 
 OR; comp. Epibatae and Bikkh, Staafsh. i. p. 
 298, &c.) The rapidity with which these war- 
 galleys sailed mav be gathered from various state- 
 ments in ancient writers, and appears to have been 
 so great, that even we cannot help looking upon it 
 without astonishment, when we find that the 
 quickness of an ancient trireme nearly equalled 
 that of a modem steamboat. Among the war-ships 
 of the Athenians their sacred state-vessels were 
 always included (Salaminia; comp. Biickh, 
 Urkunilcn uber d. Seeirescn dcs Afl. Staatcs. p. 70, 
 &c.); but smaller vessels, such as the TtevT-qKvvTOpoi 
 or rpiaKouTopoi, are never included when the sum 
 of men-of-war is mentioned, and their use for 
 military purposes appears gradually to have ceased. 
 
 Vessels with more than three ranks of rowers 
 were not constructed in Greece till about the year 
 400 B. c, when Dionysius I., tyrant of Syracuse, 
 who bestowed great care upon his navy, built the 
 first Quadriremes (TerpTjpeiy), with which he had 
 probably become acquainted through the Carthagi- 
 nians, since the invention of these vessels is ascrib- 
 od to them. (Plin. //. A''. viL 57 ; Diodor. xiv. 
 41, 4'2.) Up to this time no Quinqueremes (vev- 
 TTjpcij) had been built, and the invention of them 
 is likewise ascribed to the reign of Dionysius. 
 Mnesigeiton {ap. Plin. I. c.) ascribes the invention 
 of Quinqueremes to the Salaminians, and if this 
 statement is correct, Dionysius had his Quin(|ue- 
 rcmes probably built by a Salaminian ship-builder. 
 In the reign of Dionysius II. Hexeres (e|r)p€iy) 
 are also mentioned, the invention of which was 
 ascribed to the Syracusans. (Aelian, V. H. vi. 12, 
 with the note of Perizonius ; Plin. I.e.) After the 
 time of Alexander the Great the use of vessels with 
 four, five, and more ranks of rowers became very 
 general, and it is well knowTi from Polybius (i. 0'3, 
 <S;c.) that the first Punic war was chiefly carried on 
 with Quinqueremes. Ships with twelve, thirty, or 
 even forty ranks of rowers (Plin. I. c. ; Athen. v. 
 p. 204, &c.), such as they were built by Alexander 
 and the Ptolemies, appear to have been mere curi- 
 osities, and did not come into common use. The 
 Athenkns at first did not adopt vessels larger than 
 Triremes, probabh' because they thought that with 
 rapidity and skill they could do more than with 
 large and unwieldy ships. In the year B. c. 356 
 they continued to use nothing but Triremes ; but 
 in 330 B. c. the republic had already a number of 
 Quadriremes, which was after\v;ii'ds increased. The 
 first Quinqueremes at Athens are mentioned in a 
 document (in Bockh's Urhuiden, N. xiv. litt. K.) 
 belonging to the j-ear B. c. 325. Herodotus (vi. 
 87), according to the common reading, calls the 
 theoris, which in 01. 72 the Aeginetajis took from 
 the Athenians, a ircrTTfprjs : but the reading in this 
 passage is corrupt, and irevreTyjpLS should be writ- 
 ten instead of Trecr^pij?. (Biickh, Urkundcri, p. 
 76.) After the year 330 the Athenians appear to 
 have gradually ceased building Triremes, and to 
 have constructed Quadriremes intsead. 
 
 Every vessel at Athens, as in modem times, had 
 
 a name given to it, which was generally of the 
 feminine gender, whence Aristophanes (£</. 1313) 
 calls the Triremes irapfleVous, and one vessel the 
 name of which was Nauphante, he calls the daugh- 
 ter of Nauso. (Biickh, Urk. p. 81, &c. ; and a list 
 of names in p. 84, &c.) The Romans sometimes 
 gave to their ships masculine names. The Greek 
 names were either taken from ancient heroines such 
 as Nausicaa, or they were abstract words such as 
 EuttAoio, 0€po7r€i'ci, Ilpovoia, SaSfouira, 'H7€yUoVij, 
 Sic. In many cases the name of the builder also 
 was added. 
 
 We now proceed to describe some of the parts 
 of ancient vessels. 
 
 1. T/iC jirow (wpdpa or fxeTuinov, prora) was 
 generally ornamented on both sides with figures, 
 which were either painted upon the sides or laid 
 in. It seems to have been very common to repre- 
 sent an eye on each side of the prow. (Bockli, Urk. 
 p. 102 ; Becker, Chaiik/cs, ii. p. 60, &c.) Upon 
 the prow or fore-deck there was always some emblem 
 (TTapi(ir]iiOV,insiiim\fiiJura) by which the ship was 
 distinguished from others. [Insigne.] Just below 
 the prow and projecting a little above the keel was 
 the Rostrum (iiiSoXos, ejj^oKov) or beak, which 
 consisted of a beam, to which were attached sharp 
 and pointed irons, or the head of a ram and the 
 like. This ijxSoXos was used for the purpose of 
 attacking another vessel and of breaking its sides. 
 It is said to have been invented by the Tyrrhenian 
 Pisaeus. (Phn. c.) These beaks were at first 
 always above the water and visiljle ; afterwards 
 they were attached lower, so that they were in- 
 visible, and thus became still more dangerous to 
 other ships. (Diodor. xi. 27 ; xiv. 60. 75 ; Polyb. 
 i. 26 ; xvi. 5 ; viii. 6.) The annexed woodcuts, 
 taken from Montfaucon (L'Anlu/. E.iplu/. iv. 2. 
 tab. 133), represent three different beaks of ships. 
 
 I' .' V J — s:- — ^ = 
 
 Connected with the efiSoKos was the Trpoe/igoAi'j, 
 which according to Pollux (i. 85) must have been 
 
SHIPS. 
 
 SHIPS. 
 
 879 
 
 I wooden part of the vessel in the prow above the 
 jeak, and was probably the same as the eirwn'Sey, 
 ind intended to ward oiT the attack of the tfiSoKu! 
 )f a hostile ship. The command in the prow of a 
 •essel was exercised by an oflicer called Trptopeus, 
 .vho seems to have been next in rank to the stcers- 
 .nan, and to have had the care of the gear, and tlie 
 ■ommand over the rowers. (Xenoph. Oecon. yii. 
 
 2. Tlie. stern (irfivfivrt, ptippis) was generally 
 diove the other parts of the deck, and in it the 
 lelmsman had his elevated seat. It is seen in the 
 ■epresentations of ancient vessels to be ronnder 
 jchan the prow, thongh its extremity is likewise 
 (jharp. The stem was, like the prnw, adonied in 
 I'various ways, but especially with the image of the 
 itutelary deity of the vessel (tulela). In some re- 
 presentations a kind of roof is formed over the 
 lead of the steersman (see woodcut, p. 48), and 
 the upper part of the stem has the elegant form of 
 1 swan's neck. [Cheniscifs.] 
 
 '.'>. The rpdipT]^ is the bulwark of the vessel, or 
 rather the uppemiost edge of it. (Hesych. n.v.) In 
 small boats the pegs (aKaXfiol, scahni) between 
 which the oars move, and to which they are fast- 
 ened by a thong (rpo-rrwrrip), were upon the rpd(pTi^. 
 (Bockh, Urkunil. p. 103.) In all other vessels the 
 ioars passed through holes in the side of the vessel 
 '[6(pSaKnoi, rp^jxaTa, or rpvTnjfiara). (Schol. 
 Ari.-<loph. Achirn. 97, &c.) 
 
 4. The middle part of the deck in most ships of 
 war appears to have been raised above the bulwark 
 or at least to a level with its upper edge, and thus 
 enabled the soldiers to occupy a position from 
 which they could see far around and hurl their 
 'darts against the enemy. Such an elevated deck 
 appears in the annexed woodcut representing a 
 Mnneris. In this instance the flag is standing 
 upon the hind-deck. (Mazois, Pomp. Part. I. tab. 
 xxii. fig. 2.) 
 
 5. One of the most interesting, as well as im- 
 portant parts in the arrangements of the Biremes, 
 Triremes, &c., is the position of the ranks of 
 rowers, from which the ships themselves derive 
 their names. Various opinions have been enter- 
 tained by those who have written upon this sub- 
 ject, as the information which ancient writers give 
 upon it is extremely scanty. Thus much is certain, 
 that the difforeut ranks of rowers, who sat along 
 the sides of a vessel, were placed one above the 
 other. This seems at first sight very improbable, 
 as the common ships in later times must have had 
 five ordines of rowers on each side, and since even 
 the lowest of them must have been somewhat 
 raised above the surface of the water, the highest 
 
 ordo must have been at a considerable height 
 above it and consequently required very long oars : 
 the apparent improbability is still more increased, 
 when we hour of vessels with thirty or forty ordines 
 of rowers aliove one another. But tliat such must 
 liave been the arrangement is proved by the fol- 
 lowing facts: First, Un works of art, in which 
 more than one ordo of rowers is represented, they 
 appear above one another, as in the fragment of a 
 Bireme given above, and in several others figured 
 by Montfaucon. Secondly, The Scholiast on Aris- 
 tophanes (Acliarn. 11 (KJ ; compare Aristoph. Jiaii. 
 110.)) states that the lowest rank of rowers having 
 the shortest oars and consequently the easiest 
 work, received the smallest pay, while the highest 
 ordo had the longest oars, and consequently had 
 the heaviest work and received the highest pay. 
 Thirdly, In the monstrous reaffapaKovTripris of 
 Ptolemaeus Philopator, the description of which 
 by Callixenus (ap. Atlwn. v. p. 203, &c.) is as 
 authentic as it well can be, the height of tlie ship 
 from the surface of the water to the top of the 
 prow [dKpo(TT6\iou) was 48 cubits, and fi'om the 
 water to the top of the stem (a<p\a<jTa) 53 cubits. 
 This height aflforded sufficient room for forty ranks 
 of rowers, especially as they did not sit perjien- 
 dicularly above one another, but one rower, as may 
 be seen in the above representation of a Bireme^ 
 sat behind the other, only somewhat elevated above 
 him. The oars of the uppermost ordo of rowers in 
 this huge vessel were 38 cubits long. 
 
 In ordinary vessels from the Moneris up to the 
 Quinquereniis each oar was managed by one man, 
 which cannot have been the case whore each oar 
 was 38 cubits long. The rowers sat upon little 
 benches attached to the ribs of the vessel, and 
 called eScoAia, and in Latin fori and tnmstra. The 
 lowest row of rowers was called da\dixos, the 
 rowers themselves S-aKa/xiTai or SaAci/Uioi. (Schol. 
 ad A risiii/ih. AcJuirti. 1 1 0(j.) The uppennost ordo of 
 rowers was called &p«cos,and the rowers themselves 
 ^pai'Trai. (Thucyd. vi. 31.) The middle ordo or or- 
 dines of rowers were called f u7<i, ^vywt, or ^vyTrai. 
 (Pollux, i. 9.) Each of this last class of rowers 
 had likewise his own seat, and did not, as some 
 have supposed, sit upon benches running across 
 the vessel. (Biickh, Urhmd. p. 103, <Scc.) 
 
 We shall pass over the various things, which 
 were necessary in a vessel for the use and main- 
 tenance of the crew and soldiers, as weU as the 
 machine* of war which were conveyed in it, and 
 confine ourselves to a brief description of things 
 belonging to a ship as such. All such utensils are 
 divided into wooden and hantjiny (jear (criceuTj 
 {uAiTO, and (TKfvy) Kp^ixaajd, Pollux, x. 13 ; Athen. 
 i. p. 27). Xenophon {Oecon. viii. 12) adds to 
 these the cr/ceuTj irAcKTa, or the various kinds of 
 wickerwork, but these are more properly compre- 
 hended among tlie Kpejxarrrd. 
 
 I. 2K€ur) ^uAiva. 
 
 1. Oars (Kwrni, remi). The collective tenn for 
 oars is rappo?, which properly signified nothing but 
 the blade or Hat part of the oar(Herod. viii. 1 2; Pol- 
 lux, i. yO), but was afterwards used as a collective 
 expression for all the oars with the exception of 
 the rudder. (Eurip. Iph. Taur. 1340" ; IJel. 1.5,54 ; 
 Polyb. xvi. 3.) The oars varied in size accordingly 
 as they were used by a lower or higher ordo of 
 rowers, and from the name of the ordo by which 
 they were used, they also received their especial 
 names, viz. /ctoTrai, daAafxtat, ^vyiai, and ^pavi- 
 
880 
 
 SHIPS. 
 
 SHIPS. 
 
 TiSes. Biickh {Lfi-k. p. 119) has calculated, that 
 each Trireme on an average had 170 rowers. In 
 a Quinquereine during the first Punic war, the 
 average number of rowers was 300 (Polyb. i. 
 2G) ; in later times we even find as many as 400. 
 (Plin. xx.xii. 1.) The great vessel of Ptolemaeus 
 Philopator had 4000 rowers (Athcn. v. p. 204), 
 and the handle of each oar (e7xeipi'Sioi') was partly 
 made of lead, that the shorter part in the vessel 
 might balance in weight the outer part, and thus 
 render the long oars manageable. Tlie lower part 
 of the holes through which the oars passed, appear 
 to have been covered with leather (^o-Kcu^ua), which 
 also extended a little way outside the hole. (x\ns- 
 toph. Acharii. 97, with the Schol. ; Schol. ad Ran. 
 3fi7 ; Suidas, s. 'AaKoifMara and ii<pS^pa: com- 
 pare Biickh, Urk. 106, &c.) The rappos also con- 
 tained the TrepLV€(u, which must consequently be a 
 particular kind of oars. They must have derived 
 their name, like other oars, from the class of 
 rowers by whom they were used. Bockh sup- 
 poses that they were oars whicli were not regu- 
 larly used, but only in case of need, and then by 
 the Epibatae. Their length in a Trireme is stated 
 at from 9 to 9i cubits, but in what part of the 
 vessel they were used is unknown. Respecting 
 oars in general see the Appendix in Arnold's 
 Thucijd. vol. ii. p. 461, &.C. 
 
 2. The rudder. [Gubernaculum.] 
 
 3. Ladders (KKi/xaKiSes, sca/ae). Each Trireme 
 had two wooden ladders, and the same seems to 
 have been the case in rpiaKOVTopoi. (Bcickh, p. 125.) 
 
 4. Poles or punt poles (koctoi, conti). Three of 
 these belonged to every Trireme, which were of 
 different lengths, and were accordingly distinguish- 
 ed as KovTos fxtyas, kovtos /j.iKp6s, and kovtos 
 Hecros. Triacontores had probalily always four 
 punt poles. (CoNTUS ; Biickh, p. 125, &c.) 
 
 5. TlapaaTdrai or supports for the masts. They 
 seem to have been a kind of props placed at the 
 foot of the mast. (Isidor. Orig. xix. 2. 11.) The 
 mast of a Trireme, as long as such props were 
 used, was supported by two. In later times they 
 do not occur any longer in Tiiremes, and must have 
 been supplanted by something else. The Triacon- 
 tores on tlie other hand retained their Tropoo-TaTai, 
 (Buckh, p. 126, &c.) 
 
 G. The mast and ijards. [Malus and Antenna.] 
 II. 5/f6u7) Kpefiaard. 
 I. 'Viro'^ii/xaTa. This part of an ancient vessel 
 was formerly quite misunderstood, as it was be- 
 lieved to be the boards or planks covering the out- 
 side of a ship and running along it in the direction 
 from poop to prow. But Schneider (ad Viiriiv. x. 
 15. 6) has proved that the word means cordage or 
 tackling, and this opinion, which is supported by 
 many ancient authors, is continued by tiie docu- 
 ments published by Bockh, where it is reckoned 
 among the aKevrj KpeixaaTa. The viro^wfrnra were 
 thick and broad ropes which ran in a horizontal 
 direction around the ship from the stern to the 
 prow, and were intended to keep the whole fabric 
 together. They ran round the vessel in several 
 circles, and at certain distances from one another. 
 The Latin name for i/Tro'^wixaiiiormentum. (Isidor. 
 Orig. xix. 4. 4 ; Plato, de Re Pidil. x. p. 616.) 
 The length of these tonnenta varied accordingly as 
 they ran around the higher or lower part of the 
 ship, the latter being naturally shorter than the 
 former. Tlu'ir number varied according to the 
 size of the ship. The Tessaracontores of Ptolemaeus 
 
 Philadelphus had twelve viro^diiara, each 600 cu 
 bits long. (Athen. v. p. 204.) Such uTrofoSftoT. 
 were always ready in the Attic arsenals, and wer 
 only put on a vessel when it was taken into us( 
 Sometimes also they were taken on board when 
 vessel sailed, and not put on till it was thought nc 
 cessary. (^Act. Ajiosf. xxvii. 17 .) The act of put 
 ting them on was called VTro^wvvvvai or Siafaiwutai 
 or fwcrai. (Poh'b. xxvii. 3 ; Appian, Ciinl. v. 91 
 ApoU. Rhod. Argon, i. 368.) A Tru-eme require( 
 four vTTo^wfiaTa, and sometimes this number wa, 
 even increased, especially when the vessel had t( 
 sail to a stormy part of the sea. (Bockh, p. 133— 
 138.) 
 
 2. 'larlov [veluiii), sail. Most ancient shipi 
 had only one sail, which was attached with th( 
 yard to the great mast. In a Trireme too one sai 
 might be sufficient, but the tricrarch might never- 
 theless add a second. As each of the two masts o 
 a Trireme had tw.o sail-yards, it further follows 
 that each mast might have two sails, one of which 
 was placed lower than the other. The two be- 
 longing to the main-mast were probably called 
 (Vtio fjLfydKa, and those of the fore-mast iVn'o 
 OKctTeio. (Xenoph. HeUcn. vi. 2. § 27 ; Bekker. 
 Anecdot. p. 19. 10.) The former were used on 
 ordinarj' occasions, but the latter probably only in 
 cases when it was necessary to sail with extraordi- 
 nary speed. The sails of the Attic war-galleys, 
 and of most ancient ships in general, were of a 
 square foiin, as is seen in numerous representations 
 on works of art. Whether triangulw sails were 
 ever used by the Greeks, as has been frequently 
 supposed, is very doubtful. The Romans however 
 used triangular sails, which they called Si'ppara, 
 and which had the shape of an inverted Greek A 
 (v), the upper side of which was attached to the 
 yard. Such a sail had of course only one iroiis (j>es) 
 at its lower extremity. (Schol. ad Luca?i. Pliars. 
 V. 429 ; Isidor. Orig. xix. 3, 4; Bockh, p. 138— 
 143.) 
 
 3. Toireia, cordage. This word is generally ex- 
 plained by the grammarians as identical with 
 ax"^"^'"' or KaXoi : but from the documents in 
 Bockh it is clear that they must have been two 
 distinct classes of ropes, as the TOTreia are always 
 mentioned after the sails, and the axoivia before 
 the anchors. The trxoivi'a {funcs) are the strong 
 ropes to which the anchors were attached, and by 
 which a ship was fastened to the land ; while the 
 Toireia were a lighter kind of ropes and made with 
 gi-eater care, which were attached to the masts, 
 yards, and sails. Each tope of this kind was 
 made for a distinct purpose and place {t6tos, 
 whence the name Toireio). The following kinds 
 are most worthy of notice : a. KaAcpSia or Ktt\oi. 
 What they were is not quite clear, though Bockh 
 thinks it probable that they belonged to the stand- 
 ing tackle, /. e. that they were the ropes by which 
 the mast was fastened to both sides of the ship, so 
 that the vp6Tovoi in the Homeric ships were only 
 an especial kind of KaKuita, or the KnAciSta them- 
 selves differently placed. In later times the 
 irpoTovos was the rope which went from the top of 
 the mainmast {Kapxvffiov) to the prow of the ship, 
 and tlms was what is now called the main-stay. 
 h. IjiavT^s and Kepovxoi are probably names for the 
 same ropes which ran from the two ends of the sail- 
 yard to the top of the mast. In more ancient ves- 
 sels the i|UOS consisted of only one rope ; in later 
 times it consisted of two, and sometimes four. 
 
SHIPS. 
 
 SHIPS. 
 
 881 
 
 which uniting at the top of the mast and there 
 ! passing through a ring, descended on the other 
 i. side, where it formed the iirirovos, by means of 
 'which the sail was drawn up or let down. (Biickh, 
 ip. 148 — 152.) Compare the woodtut at p. 52, 
 wliicli shows a vessel witla two coinchi, and the 
 ^>■'|(ldcut p. 215, which shows one with four ceru- 
 clii. c. o7Koii'a, Latin a/ir/uuia (Isid. OnV/. xix. 4. 
 ; 7), was the rope which went from the middle of a 
 (yard to the top of the mast, and was intended to 
 facilitate the drawing up and letting do\^^l of the 
 sail. The dyKoiva SiirArj of Quadriremes undoubt- 
 edly consisted of two ropes Whether Triremes 
 also had them double, is uncertain. (Pollux, /. c; 
 !Bbckh, p. 152.) d. UoSes (pedes) were in later 
 Uimes as in the poems of Homer the ropes attached 
 •to the two lower comers of a square sail. These 
 'TTo'Sej ran from the ends of the sail to the sides of 
 ijtlie vessel towards the stern, where they were 
 (fastened with rings attached to the outer side of the 
 'bulwark. (Herod, ii. 3G.) Another rope is called 
 • TrpoTTovs, propes, (Isidor. Orit/. xix. 4. 3), which was 
 J probably nothing else than the lower and thinner 
 ^end of the irods, which was fastened to the ring. 
 fC. 'TTrepai were the two ropes attached to the two 
 (ends of the sail-yard, and thence came down to a 
 'part of the ship near the stern. Their object was 
 to move the j'ard in a horizontal direction. In 
 I.atin they are called opi/era, which is perhaps 
 jouly a corruption of htpera. (Isidor. Orif/. xix. 4. 
 f6.) The last among the TOTreia is the x"^'"'^^! "r 
 bridle, the nature of which is quite unknown. 
 (In.rkh, p. 154, &c.) 
 
 4. Uapappv/iaTa. The ancients as early as the 
 jtime of Homer had various preparations raised 
 labove the edge of a vessel, which were made of skins 
 land wicker-work, and which were intended as a 
 ; protection against high waves, and also to serve as 
 
 a kind of breast- work behind which the men might 
 t be safe against the darts of the enemy. These eleva- 
 [ tions of the bulwark are called irapa^^vfrnra, and 
 in the documents in Biickh they are either called 
 Tplx'ya, made of hair, or Aeu/fa, white. They 
 were probably fixed upon the edge on both sides 
 ' of the vessel, and were taken off when not wanted. 
 Each galley appears to have had several Trapapfiv/xara, 
 I two made of hair and two white ones, these four 
 being regularly mentioned as belonging to one ship. 
 ; (Xenoph. Hcilcn. i. G. § 19 ; Bcickh, p. 159, &c.) 
 
 5. KaragAjJiUO and VTroSKrifia. The former of 
 ' these occurs in Quadriremes as well as in Triremes, 
 
 the latter only in Triremes. Their object and 
 nature are very obscure, but they appear to have 
 been a lighter kind of 7rapap^W|UO. (Polyaen. Sirat. 
 jiv. 11. 13; Biickh, p. 1(!0, &c.) 
 
 6. 2x0"''" are the stronger and heavier kinds of 
 ropes. There were two kinds of these, viz. the 
 iTxoivla oyKvptia, to which tlie anchor was attach- 
 ed, and axoivia. imyva. or iiriy^ia {rdinacukt), by 
 which the ship was festened to the shore or drawn 
 upon the shore. Four ropes of each of these two 
 kinds is the highest number that is mentioned as 
 brloiiging to one ship. The thick ropes were made 
 of several thinner ones. (Aristoph. Pcu; 36 ; 
 Varro, Da Re Rust i. 135 ; Biickh, p. 161— ICG.) 
 
 The Romans in the earlier periods of their his- 
 tory never conceived the idea of increasing their 
 liower by the formation of a fleet. The time when 
 tlii'v first appear to have become aware of the 
 importance of a fleet, was during the second 
 ■Sunmite war, in the year B. u. 311. Livy (ix. 30), 
 
 where he mentions this event, says : diimin-iri 
 navales dassis ornandae re1u'ienJ(i<'(jiie causa were 
 then for the first time appointed by the people. 
 This expression seems to suggest that a fleet had 
 been in existence before, and tliat the duumviri 
 navales had been previously ap|)ointed by some 
 other power. [Duumviri.] Niebuhr [Hist, of 
 Rome, iii. p. 282) thinks that the expression of 
 Livy only means, that at this time the Romans 
 resolved to build their first fleet. The idea of 
 founding a navy was probably connected with the 
 establishment of a colony in the Pontian islands, 
 as the Romans at this time must have felt that 
 they ought not to be defenceless at sea. The 
 ships which the Romans now built were undoubt- 
 edly Triremes, which were then very common 
 among the Greeks of Italy, and most of them were 
 perhaps furnished by the Italian towns subject to 
 Rome. This fleet, however insignificant it may 
 have been, continued to be kept up until the time 
 when Rome became a real maritime power. This 
 was the time of the first Punic war. That their 
 naval power until then was of no importance, is 
 clear from Polybius (i. 20), who speaks as if the 
 Romans had been totally imacipiainted with the 
 sea up to that time. In the year B. c. 2G0, when 
 the Romans saw that without a navy they could 
 not carry on the war against Carthage with any 
 advantage, the senate ordained that a fleet should 
 be built. Triremes would now have been of no 
 avail against the high-bulwarked vessels (Quinque- 
 rcmes) of the Carthaginians. But the Romans 
 would have been miable to build others had not 
 fortunately a Carthaginian (^iiinquereme been 
 wrecked on the coast of Bruttium, and fallen into 
 their hands. This wreck the Romans took as 
 their model, and after it built 120 (Polyb. /. c), or 
 according to others (Oros. iv. 7) 130 ships. Ac- 
 cording to Polybius one hundred of them were 
 TreyTijpeis, and the remaining twenty rpujpeis, or 
 as Niebuhr proposes to read, Tcrprfpeis. This 
 large fleet was completed within sixty daj's after 
 the trees had been cut down. (Plin. II. N. xvi. 
 74.) The ships, budt of green timber in this hur- 
 ried way, were very clumsily made, and not likely 
 to last for any time ; and the Romans themselves, 
 for want of practice in naval aft'airs, proved very 
 unsuccessful in their first maritime undertaking, 
 for seventeen ships were taken and destroj'ed by 
 the Carthaginians oflF Messana. (Polyb. i. 21 ; 
 Polyaen. Strat. vi. 16; Oros. iv. 7.) C. Duilius, 
 who perceived the disadvantage with which his 
 countrymen had to straggle at sea, devised a plan 
 which enabled tliem to change a sea fight, as it 
 were, into a fight on land. The machine, by which 
 this was effected, was afterwards called corvus, 
 and is described by Polybius (i. 22 ; comp. Nie- 
 buhr, iii. p. 678, &c. ; CoRVU.s). From this time 
 forward the Romans continued to keep up a pow- 
 erful navy. Towards the end of the republic they 
 also increased the size of their ships, and built war 
 vessels of from six to ten ordines of rowers. (Flo- 
 ras, iv. 11 ; Virg. Aeii. viii. 691.) The construc- 
 tion of their ships, however, scarcely dififered from 
 that of Greek vessels ; the only great difference 
 was that the Roman galleys were provided with a 
 greater variety of destructive engines of war than 
 those of the (ireeks. They even erected turres 
 and tabula ta upon the decks of their great men-of- 
 war {naves turrilue), and fought upon them in tile 
 same manner as if they were standing upon the 
 
 3 L 
 
882 SIBYLLINI LIBRI. 
 
 SICA. 
 
 walls of a fortress. Some of such naves turritae 
 occur in the woodcuts given above. (Flor. I. c; 
 Plut. Anton. 33 ; Dion Cass, xxxii. 33 ; Plin. //. N. 
 xxxii. 1 ; comp. Caes. de Bell. Gall. iii. 14 ; Dion 
 Cass, xxxix. 43 ; Veget. de Re Rlilit. v. 14, &e.) 
 
 For a more detailed account of the ships and 
 navigation of the ancients, see Scheffer, De Militia 
 Navali, Upsala, 1654; Berghaus, GcschicMe der 
 Sdiifffalirtskunde der vornehmsten Volker des Al- 
 tertlmms ; Benedict, Gesch. der Schiffahri und des 
 Handeh der Alien; Howell, On the War-galleys of 
 tli6 Ancients; A. Jal, Arckeolof/ie Naralt; Paris, 
 1840 ; and for the Attic navy especially, Biickh's 
 Urkunden iiber das Seewese7i des Attisclien Stctates, 
 Berlin, 1840. [L. S.] 
 
 SIBYLLl'NI LIBRI. These books are said 
 to have been obtained in the reign of Tarquinius 
 Priseus, or according to other accounts in that of 
 Tarquinius Superbus, when a Sibyl (2/euAAa), or 
 prophetic woman, presented herself before the king, 
 and offered nine books for sale. Upon the king 
 refusing to purchase them she went and burnt 
 three, and then returned and demanded the same 
 price for the remaining six as slie had done for the 
 nine. The king again refused to purchase them, 
 whereupon she burnt three more and demanded the 
 same sum for the remaining three, as she had done at 
 first for the nine : the king's curiosity now became 
 excited, so that he purchased the books, and then 
 the Sibyl vanished. (Dionys. iv. 62 ; Varro, ap. 
 Lactant. i. 6 ; Gell. i. 19 ; Plin. H. N. xiii. 27 : 
 respecting the different Sibyls mentioned by an- 
 cient writers see Divinatio, p. 347.) These books 
 were probably written in Greek, as the later ones 
 undoubtedly were, and if so consequently came 
 from a Greek source, thougli it is doubtful from 
 what quarter: Niebuhr {Hist, of Rome., i. p. 506) 
 supposes them to have come from Ionia, but they 
 were more probably derived from Cumae in Cam- 
 pania. (Gdttling, Gesch. der R'vm. Staatsv. p. 212.) 
 They were kept in a stone chest under ground in the 
 temple of Jupiter Capitolinus, under the custody of 
 certain officers, at first only two in number, but 
 afterwards increased successively to ten and fifteen, 
 of whom an account is given under Decemviri, p. 
 316. The public were not allowed to inspect the 
 books, and they were only consulted by the officers, 
 who had the charge of them, at the special com- 
 mand of the senate (ad lihros ire, Cic. de Div. i. 
 43; Liv. xxii. 57). They were consulted in the 
 case of prodigies and calamities, but it is difficult 
 to ascertain whether they contained predictions, or 
 merely directions as to what was to be done for 
 conciliating or appeasing the gods, in consequence 
 of the mysterj' which enveloped them from the 
 time that one of their keepers was put to death for 
 divulging their secrets. (Dionys. I. c. ; Valer. Max. 
 i. 1. § 13.) Niebuhr remarks from the instances 
 in Livy, that the original books were not consult- 
 ed, as the Greek oracles were, for the purpose of 
 getting light concerning future events ; but to learn 
 what worship was required by the gods, when they 
 had manifested their wrath by national calamities 
 or prodigies. Accordingly we find that the in- 
 struction they give is in the same spirit ; prescrib- 
 ing what honour was to be paid to the deities 
 already recognized, or what new ones were to be 
 imported from abroad. They were probably writ- 
 ten on palm-leaves (Serv. ad Viry. Aen. iii. 444 ; 
 vi. 74), and it is not unlikely that the leaves of 
 the Cumaean Sibyl described by Virgil were de- 
 
 signed as an allusion to the form of the Sibylline 
 books. Their nature being such, Niebuhr sup- 
 poses that they were referred to in the same way 
 as eastern nations refer to the Koran and to Hafiz ; 
 they did not search for a passage and apply it, but 
 probably only shuffled the palm leaves and then 
 drew one. 
 
 When the temple of Jupiter Capitolinus was 
 bunit in B. c. 82, the Sibj41ine books perished in 
 the fire ; and in order to restore them, ambassadors 
 were sent to various towns in Italy, Greece, and 
 Asia Minor, to make fresh collections, whicli on 
 the rebuilding of the temple were deposited in the 
 same place that the former had occupied. (Dionys. 
 I. c.) But as a great many prophetic books, many 
 of them pretending to be Sibylline oracles, had got 
 into general circulation at Rome, Augustus com- 
 manded that all such books should be delivered up 
 to the praetor urbanus by a certain day and burnt, 
 and that in future none should be kept by any 
 private person. More than 2000 prophetic books 
 were thus delivered up and burnt, and those which 
 were considered genuine and were in the custody 
 of the state were deposited in two gilt cases at 
 the base of the statue of ApoUo, in the temple of that 
 god on the Palatine, and were entrusted as before 
 to the Quindecemvu'i. (Suet. Aug. 31 ; Tacit. Ann. 
 vi. 12.) The writing of those belonging to the 
 state had faded by time, and Augustus commanded 
 the priests to write them over again. (Dion Cass, 
 liv. 17.) A fresh examination of the Sibylline 
 books was again made by Tiberius, and manj' re- 
 jected, which were considered spurious. (Dion 
 Cass. Ivii. 18.) A few years afterwards, also in 
 the reign of Tiberius, it was proposed to add a new 
 volume of Sibylline oracles to the received collec- 
 tion. (Tacit. I. c.) 
 
 The Christian writers frequently appeal to the 
 Sibylline verses as containing prophecies of the 
 Messiah ; but these in most cases are clearly 
 forgeries. A complete collection of Sibylline 
 oracles was published by GaUaeus, Amst. 1689: 
 fragments of them have also been published by 
 Mai, Milan 1817, and Struve, Regiomont. 1818. 
 (Compare Heidbreede, de Sibyllis Disseiiat., Berol. 
 1835.) 
 
 The Sibylline books were also called Fata Sil»/l- 
 lina (Cic. Cat. iii. 4), and Libri Fatales. (Liv. v. 
 15 ; xxii. 57.) Those that were collected after 
 the burning of the temple on the Capitol, were 
 undoubtedly written in Greek verses, and were 
 acrostics (aKpouTix!?, Cic. de Div. ii. 54 ; Dionys. 
 I. c.). Along with the Sibylline books were pre- 
 served under the guard of the same officers the 
 books of the two prophetic brothers, the March 
 (Serv. ad Virg. Aen. vi. 72 ; Cic. de Div. i. 40 ; 
 ii. 55), the Etruscan prophecies of the nymph 
 Bygoe, and those of Albuna or Albunea of Tibur. 
 (Lactant. i. 6.) Those of the Marcii, which had 
 not been placed there at the time of the battle of 
 Cannae, were written in Latin : a few remains of 
 them have come down to us in Livy (xxv. 12) and 
 Macrobius {Sat. i. 17). See Niebuhr, i. p. 507; 
 Gottling, Gesch. d. Rmn. Siaatsi^. p. 213; Hartimg, 
 Die Religion d. Romer, i. p. 12.9, &c. 
 
 SICA, dim. SICILA, whence the English sickle, 
 and SICILICULA (Plant. Rud. iv. 4. 125), a 
 curved dagger, adapted by its form to be concealed 
 under the clothes, and therefore carried by robbers 
 and murderers. [Acinaces, p. 5.] (Cic. Cat. iii. 
 3.) Sica may be translated a scimitar to distin- 
 
SIGNA MILITARIA. 
 
 SIGNA MILITARIA. 
 
 883 
 
 guish it from PuGio, which denoted a dagger of 
 the common kind. Simrius, though properly 
 meaning one who murdered with the sica, was ap- 
 plied to murderers in general. (Quintil. x. i. § 12.) 
 Hence the forms de sicariis and inter skai-ios were 
 used in the criminal courts in reference to murder. 
 Thus judicium inter sicarios, " a trial for murder" 
 (Cic. pro Rose. 5) ; defcndere inter sicarios, " to 
 defend against a charge of murder" (Phil. ii. 4). 
 [Judex, p. 531.] [J. Y.] 
 
 SICA'RIUS. [Sica; Cornelia Lex dbSicar.] 
 
 SIGILLA'RIA. [Saturnalia, p. 841.] 
 
 SIGMA. [Mensa, p. 613.] 
 
 SIGNA MILITA'RIA ((Tweia, (xnnaiai), 
 military ensigns or standards. The most ancient 
 standard employed by the Romans is said to have 
 ibeen a handfid of straw fixed to the top of a spear 
 jor pole. Hence the company of soldiers, belonging 
 jto it, was called Manipulus. The bundle of hay 
 3r fern was soon succeeded by the figures of ani- 
 mals, of which Pliny {H.N. x. 4. s. 5) enumerates 
 five, viz. the eagle, the wolf, the minotaur (Festus, 
 t.v. Minotaur.), the horse, and the boar. These 
 ippear to have corresponded to the five divisions 
 5f the Roman army as shown on page 593. The 
 oagle (cujtdla) was carried by the aquilifer in the 
 ^nidst of the hastati, and we may suppose the wolf 
 ;o have been carried among the principes, and so 
 [in. In the second consulship of Marius, B. c. 104, 
 |;he four quadrupeds were entirely laid aside as 
 standards, the eagle being alone retained. It was 
 nade of silver, or bronze, and with expanded 
 .vings, but was probably of a small size, since a 
 itandard-bearer [signifer) under Julius Caesar is 
 iaid in cii'cumstances of danger to have -wrenched 
 ;he eagle from its staff and concealed it in the folds 
 )f his girdle. (Flor. iv. 12.) The bronze horse 
 lere represented belonged to a Roman standard, 
 jind is delineated but a little less than the original ; 
 t is preserved in the collection at Goodrich Court. 
 Skelton, Engraved lUust. i. pi. 45.) 
 
 Under the later emperors the eagle was carried, 
 as it had been for many centuries, with the legion, 
 :a legion being on that account sometimes called 
 ■j(juila (Hirt. Bel/. Hisjh 39), and at the same time 
 each cohort had for its own ensign the serpent or 
 
 dragon {draco, SpaKuiv), which was woven on a 
 square piece of cloth {textilis unguis, Sidon. ApoU. 
 Carm. v. 409), elevated on a gilt staff, to which a 
 cross-bar was adapted for the purpose (Themist. 
 Orat. i. p. 1 ; xviii. p. 267. ed. Dindorf ; Clau- 
 dian, iv. Com. Honor. 646; vi. Cons. Honor. 566), 
 and carried by the draconarius. (Veget. deRcMil. 
 ii. 13 ; compare Tac. Ann. i. 18.) 
 
 Another figure used in the standards was a ball 
 (pihi), supposed to have been emblematic of the 
 dominion of Rome over the world (Isid. Orig. 
 xviii. 3) ; and for the same reason a bronze figure 
 of Victory was sometimes fixed at the top of the 
 staff, as we see it sculptured, together with small 
 statues of Mars, on the Column of Trajan and the 
 Arch of Constantino. (See the next woodcut, and 
 Causeus de Siif. in Graevii Thes. v. x. p. 2529.) 
 Under the eagle or other emblem was often placed 
 a head of the reigning emperor, which was to the 
 army the object of idolatrous adoration. (Josephus, 
 B. J. ii. 9. § 2 ; Sueton. Tider. 48 ; Calig. 14 ; 
 Tac. Aym. i. 39. 41 ; iv. 62.) The name of the 
 emperor, or of hira who was acknowledged as em- 
 peror, was sometimes inscribed in the same situa- 
 tion. (Sueton. Vespas. 6.) The pole, used to carry 
 the eagle, had at its lower extremity an iron point 
 (ciispis) to fix it in the ground, and to enable the 
 aquilifer in case of need to repel an attack. (Sueton. 
 Jul. 62.) 
 
 The minor divisions of a cohort, called centuries, 
 had also each an ensign, inscribed with the num- 
 ber both of the cohort and of the century. By this 
 provision, together with the diversities of the crests 
 worn by the centurions [Galea], every soldier was 
 enabled with the greatest ease to take his place. 
 (Veget. I. c.) Compare Army, p. 95, and Mani- 
 pulus, p. 593 ; Tac. A7m. i. 20. 
 
 The standard of the cavalry, properly called 
 vexillum, was a square piece of cloth expanded 
 upon a cross in the manner already indicated, and 
 perhaps surmounted by some figure. (TertuU. 
 Apol. 16.) 
 
 In the Arch of Constantine at Rome there are 
 four sculptured panels near the top, which exhibit 
 a great number of standards, and illustrate some of 
 the forms here described. The annexed woodcut 
 
884 
 
 STGNA MILITARIA. 
 
 is copied from two out of the four. The first panel 
 represents Trajan giving a king to the Parthians : 
 seven standards are held by the soldiers.* The 
 second, containing five standards, represents the 
 performance of the sacrifice called suovetaurilia. 
 (Bartoli. Arc. Triumph.) 
 
 When Constantino had embraced Christianity, 
 a figure or emblem of Christ, woven in gold upon 
 purple cloth, was substituted for the head of the 
 emperor. This richly ornamented standard was 
 called luharum. (Prudentius cont. St/mm. i. 46G. 
 488 ; Niceph. //. £. vii. 37.) 
 
 Since the movements of a body of troops and of 
 every portion of it were regidated by the standards, 
 all the evolutions, acts, and incidents of the Ro- 
 man army were expressed by phrases derived 
 from this circumstance. Thus sif^na in/erre meant 
 to advance (Caesar, B. G. i. 25 ; ii. 25), rcferre to 
 retreat, and convcrtere to face about ; cjfcrre, or 
 eastris vellere, to march out of the camp (Virg. 
 Georff. iv. 108) ; ad sigiia cuyii'cnire, to re-assemble. 
 (Caesar, D. G. vi. 1. 37.) Notwithstanding some 
 obscurity in the use of terms, it appears that, 
 whilst the standard of the legion was properlj' 
 called aquihi, those of the cohorts were in a special 
 sense of the term called siijiia, their bearers being 
 signiferi, and that those of the manipuli or smaller 
 divisions of the cohort were denominated vcxilla, 
 their bearers being vaiLlarii. Also those who 
 fought in the first ranks of the legion before the 
 staiKiards of the legion and cohorts were called 
 antcsignani. (Caesar, B. C. i. 43, 44. 5G.) A pe- 
 culiar application of the teims venillarii and sub- 
 sigyiani is explained in page 94. 
 
 In military stratagems it was sometimes neces- 
 sary to conceal the standards. (Caesar, B. G. vii. 
 45-) Although the Romans commonly considered 
 it a point of honour to preserve their standards, yet 
 in some cases of extreme danger the leader himself 
 threw them among the ranks of the enemy in 
 order to divert their attention or to animate his 
 own soldiers. (Floriis, i. 11.) A wounded or dying 
 standard-bearer delivered it, if possible, into the 
 hands of his general (Floras, iv. 4), from whom he 
 had received it {aiyttis acajjtis, Tac. Ann. i. 42). 
 
 SISTRUM. 
 
 In time of peace the standards were kept in th 
 Akrarium under the care of the Quaestor. 
 
 We have little infonnation respecting the stand 
 ards of any other nation besides the Roman! 
 The banners of the Parthians appear to have had 
 similar form to that of the Romans, but were mor 
 richly decorated with gold and silk. [Sericum. 
 A golden eagle with expanded wings was the roy; 
 standard of Persia. (Xen. Cyrop. vii. 1. § 4 ; Anat 
 i. 10. § 12.) The military ensigns of the Egyptian 
 were very various. Their sacred animals were re 
 presented in them (Diod. Sic. i. 8G), and in th 
 paintings at Thebes we observe such objects as 
 king's name, a sacred boat, or some other emblcn 
 applied to the same purpose. (Wilkinson.il/rt; 
 avd Gift. i. p. 294.) The Jewish army was prr 
 bably marshalled by the aid of banners (/'s. xx. 5 
 Cant. vi. 4 ; Is. xiii. 2) ; but not so the Greek 
 although the latter had a standard, the elevation c 
 which served as a signal for joining battle, eithc 
 by land (Polyaen. iii. 9. § 27 ; Com. Nepos. xi. S 
 § 2) or by sea. (Thucyd. i. 49.) A scarlet fla, 
 (<t>oiviK'is) was sometimes used for this purpose 
 (Polyaen. i. 48. § 2.) [J. Y.] 
 
 SIGNINUM OPUS. House (Roman), ( 
 499.] 
 
 SILENTIA'RII. [Praepositus.] 
 
 SILICE'RNIUM. [FuNUs, p. 442.] 
 
 SILVA'NI ET CARBO'NIS LEX. [Le; 
 Papiria Plautia, p. 563.] 
 
 SINDON. [Pallium, p. 700.] 
 
 SIPA'RIUM, a piece of tapestry stretched on. 
 frame, which rose before the stage of the theatr 
 (Festus, s.i\; Cic. Prov. Co?is. 6 ; Juv. viii. 186) 
 and consequently answered the purpose of th' 
 drop-scene with us, although, contrary to our prac 
 tice, it was depressed when the play began, so a 
 to go below the level of the stage (uulaea premun 
 iiir. Hot. Epid. Ii. i. 189), and was raised agaii 
 when the performance was concluded {loUmdur 
 Ovid, il/ri. iii. Ill — 114). From the last-cite( 
 passage we learn that human figures were repre 
 sented upon it, whose feet appeared to rest upoi 
 the stage when this screen was drawn up. Fron 
 a passage of Virgil {Geon/. iii. 25) we furthei 
 learn, that the figures were sometimes those ol 
 Britons woven in the canvass and raising theii 
 arms in the attitude of lifting up a purple curtain 
 so as to be introduced in the same manner a; 
 Atlantes, Pcrsae, and Caryatides. 
 
 In a more general sense sipariiiiii denoted anj 
 piece of cloth or canvass stretched upon a frame 
 (Quintil. vi. 1. § 32 ; Painting, p. 683.) [J. Y.l 
 
 SISTRUM (a^ttrrpov), a mystical instnuneni 
 of music, used by the ancient Egyptians in theii 
 ceremonies, and especially in the worship of Isis, 
 (Ovid, Met. ix. 784 ; Amor. ii. 13. II ; iii. 9. 34: 
 de Po)do, i. 1. 38.) It was held in the righl 
 hand (see woodcut), and shaken, from which cir- 
 cumstance it derived its name {m-ra repulsa nuitiu. 
 TibuU. i. 3. 24). Its most common form is seen in 
 the right-hand figure of the annexed woodcut 
 which represents an ancient sistrum formerly he- 
 longing to the library of St. Genovefa at Paris. 
 Plutarch (de Is. et Oair. p. C70, 671. ed. Steph.) 
 says, that the shaking of the four bars within the 
 circular apsis represented the agitation of the four 
 elements within the compass of the world, by which 
 all things are continually destroyed and repro- 
 duced, and that the cat sculptured upon the apsis 
 was an emblem of the moon. Apuleius {Met. xi. 
 
2ITOi>rAAKE2. 
 
 . 119. 121. ed. Aldi) describes the sistrum as a 
 ronze rattle l^acrcum crcpitaculum), consisting of a 
 aarrow plate curved like a sword-belt (Jialteiis), 
 hroHirli which passed a few rods, that n^ndered a 
 iHid shrill sound. He says that these instruments 
 vrrc sometimes made of silver or even of gold. lie 
 Uso seems to intimate, that the shakes were three 
 xigether (ien/emiiios ictus), which would make a 
 jiort of rude music. 
 
 ' The introduction of the worship of Isis into 
 ,It;ily shortly before the commencement of the 
 Christian aera made the Romans familiar with this 
 i nstrument. The " linigeri calvi, sistrataque tur- 
 la'' (Mart. xii. 29) are most exactly depicted in 
 
 wo paintings found at Portici (Ant. iT Ercolano, 
 :. ii. p. 30y — 320), and containing the two figures 
 i)f a priest of Isis and a woman kneeling at her 
 dtar, which are introduced into the preceding wood- 
 ■iit. The use of the sistrum in Egypt as a military 
 
 ii^tniraent to coDect the troops is probably a fiction. 
 [Virg. Aeu. viii. (SOU ; Propert. iii. II. 43.) 
 i Sistrum, which is in fact, like Sceptrum, a 
 Trei'k word with a Latin tennination, the proper 
 L.itiii term for it being crepitacutum, is sometimes 
 for a child's rattle. (Martial, xiv. 54 ; PoUux, 
 
 X. 127.) [J. Y.] 
 
 yiTELLA. [SiTULA.] 
 2ITn~NAI. [SfTOS.] 
 
 2ITO*T'AAKE2, a board of oflicers, chosen by 
 <>t, at Athens. They were at first three, after- 
 ivards increased to fifteen, of whom ten were for 
 ,;lie city, five for the Piraeus. Their business was 
 .partly to watch the arrival of the com ships, take 
 iccount of the quantity imported, and see that the 
 mport laws were duly observed ; partly to watch 
 ;lie sales of corn in the market, and take care that 
 :he prices were fair and reasonalile, and none but 
 I egal weights and measures used by the factors ; in 
 ivhich respect their duties were much the same as 
 li'i^e of the Agoranorai and Metronomi with re- 
 ■ ird to other saleable articles. [2rT02.] De- 
 iiosthenes refers to the entry in the books of the 
 Mtophylaces {jr\v itapd. tois aiTO<pvKa^iv diro- 
 Ypaip-qv) to prove the quantity of corn imported 
 Vnni Pontus, which (he says) was equal to all that 
 ■;uiie from elsewhere, owing to the liberality of 
 Leucon, king of the Bosporus, who allowed corn 
 ;;o be exported from Theudosia to Athens free of 
 luty. (Deniosth. c. Djilin. iijii, AHI .) These books 
 .vere probably kept by the five who acted for the 
 I'iraeus, whose especial business it would be to Ln- 
 
 2rT02. 88.5 
 
 spect the cargoes that were unladen. (Harpocr. .s. »\ 
 2iT0(piJAaKes : Buckh, Staatsh. di-r Atheii. i. 52. 
 88—91.) [C. R. K.] 
 
 2rT02. The soil of Attica, though favourable 
 to the production of figs, olives, and grapes, was 
 not so favourable for corn ; and the population 
 being very considerable in the flourishing period of 
 the Athenian republic, it was necessary to import 
 com for their subsistence. According to the calcu- 
 lation of Buckh, which does not materially ditt'er 
 from that of other writers, there were 135,000 
 freemen and 3()5,000 slaves residing in Attica. 
 The country, which contained an area of 0-1,000 
 stadia, produced annually aliout two millions of 
 mediinni of com, chiefly barley. The medimnus 
 was about I bushel, 3 gallons, and 5'75 pints, or 
 48 Attic xo'i'iKfJ. A X"'"'! wis considered a fair 
 daily allowance of meal (rjiueprjiri'o rpo^Tj) for a 
 slave. The consumption of the whole population 
 was three million niedimni, and one-third therefore 
 was imported. It came from the countries border- 
 ing on the Euxine Sea (Pontus, as it was called by 
 the Greeks), and more especially from the Cimme- 
 rian Bosporus and the Thracian Chersonese ; also 
 from Syria, Egypt, Libya, Cypms, Rhodes, Sicily, 
 and Euboea. The necessities of the Athenians 
 made them exceedingly anxious to secure a plenti- 
 ful supply, and every precaution was taken for 
 that purpose by the government as well as by the 
 legislator. Sunium was fortified, in order that the 
 corn vessels (^uiTaywyol oAjcaSes) might come safely 
 round the promontory. Ships of war were often 
 employed to convoy the cargo (irapaTcefnreiv rov 
 otTov) beyond the reach of an enemy. (Demosth. 
 de Coron. 250, 251; c. Polycl. 1211.) When 
 PoUis, the Lacedaemonian admiral, was stationed 
 with his fleet off Aegina, the Athenians embarked 
 in haste, under the command of Chabrias, and 
 oflered him battle, in order that the corn-ships, 
 which had arrived as far as Geraestus in Euboea, 
 might get into the Piraeus. (Xenoph. HdU-ii. v. 4. 
 § 61.) One of the principal objects of Philip in 
 his attack on Byzantium was that, by taking that 
 city he might command the entrance to the Euxine, 
 and so liave it in his power to distress the Athe- 
 nians in the com trade. Hence the great exer- 
 tions made by Demosthenes to relieve the Byzan- 
 tines, of the success of which he justly boasts {de 
 Coron. 254. 307. 32U). 
 
 The measures taken by the legislature to obtain 
 supplies of com may appear harsh, and their policy 
 is at least doubtful, but they strongly evince the 
 anxiety of the people on the subject. Exportation 
 was entirely prohibited, nor was any Athenian or 
 resident alien allowed to carry com to any other 
 place than Athens [airriyeiv d.\K6a-e rj 'AOrfyafe). 
 Whoever did so, was punishable with death. (Ue- 
 mosth. c. PhoriiL. 918 ; Lycurg. c. Lcocr. 151. ed. 
 Steph.) Of the corn brought into the Athenian 
 port two-thirds was to be brought into the city 
 and sold there. (Harpocr. s. v. 'ETrefteArjTTjs tfiiro- 
 piov.) No one might lend money on a sliip that 
 did not sail with an express condition to bring a 
 return cargo, part of it com, to Athens. If any 
 merchant, capitalist, or other person advanced 
 money or entered into any agreement in contra- 
 vention of these laws, not ordy was he liable to 
 the penalty, but the agreement itself was null and 
 void, nor could he recover any sum of money, or 
 bring any action in respect thereof. (Demosth. c. 
 Lacrit. 941.) Information against tlie oftenders 
 
88G 
 
 SrTOT AI'KH. 
 
 SITULA. 
 
 was to be laid before the eirejUcAijral toC 4jxirofj'iov. 
 (Meier, Att. Proc. 87.) Strict regulations were 
 made with respect to the sale of com in the mar- 
 ket. Conspiracies among the corn-dealers (aiTo- 
 TTwKai) to buy up the corn (^crvvwve'iadai), or raise 
 tlie price {avvKxrcivai tos tijuoj), were punished 
 with death. They were not allowed to make a 
 profit of more than one obol in the medimnus ; and 
 it was unlawful to buy more than fifty (pop/Mol at a 
 time. It is not certain what the size of a rpopfids 
 was : Bockh supposes it to be about as much as a 
 medimnus. These laws remind us of our own sta- 
 tutes against engrossing and regrating; but they 
 appear to have been easily evaded by the corn- 
 dealers. (See the speech of Lysias Hard twv 
 aiTOTTuiKwv : Demosth. c Dionysod. 1285.) The 
 sale of corn was placed under the supervision of a 
 special board of officers called (r(TO(|)uAoK€s, while 
 that of all other marketable commodities was su- 
 perintended by the agoranomi. (Lys. ii], 163. ed. 
 Stepli.) It was their business to see that meal and 
 bread were of the proper quality, and sold at the 
 legal weight and price. They were bound to de- 
 tect the frauds of the factor and the baker, and (if 
 we may believe Lysias) they sometimes suffered 
 death for their want of vigilance. The mode of 
 proceeding against them was by ficayyeKia before 
 the senate. (Platner, Proc. tind Klay. ii. 149.) 
 
 Notwithstanding these careful provisions, scarci- 
 ties ((TiToSerai) frequently occurred at Athens, 
 either from bad harvests, the misfortunes of war, 
 or other accidental causes. The state then made 
 great efforts to supply the wants of the people by 
 importing large quantities of com, and selling it at 
 a low price. Public granaries were kept in the 
 Odeum, Pompeum, Long Porch, and naval store- 
 house near the sea. (Pollux, ix. 45 ; Demosth. c. 
 Phorm. 918.) SiTiSrai were appointed to get in 
 the supply and manage the sale. Demosthenes was 
 appointed on one occasion to that office, {de Coron. 
 310.) Persons called 'AiroSc/cTai received the 
 corn, measured it out, and distributed it in certain 
 quantities. (Pollux viii. 114.) Public-spirited indi- 
 viduals would sometimes import grain at their own 
 expense, and sell it at a moderate price, or distri- 
 bute it gratuitously. (Demosth. c. PJmrm. 918.) 
 We read of the Athenian state receiving presents 
 of com from kings and princes. Thus Leucon, 
 king of the Bosporas, sent a large present, for 
 which he had the honour of areAfia (exemption 
 from customs-duties) conferred on him by a decree 
 of the people. (Demosth. c. LcpHu. 467 ; see Isocr. 
 Tpaxeftr. 370. ed. Steph.) Psammetichus, an 
 Egyptian prince, sent a present in Olymp. 83. 4., 
 Demetrius in Olymp. 118. 2, Spartacus, king of the 
 Bospoms, a few years after. In later times, that 
 made by the Roman Atticus is well known. On 
 the whole of this subject the reader is referred to 
 Biickh {Stautslt. dcr Athcn. i. 84 — 107), where 
 also he will find the various prices of meal and 
 bread at Athens, and other details, copiously ex- 
 plained. As to the duty payable on the importa- 
 tion of com, see nENTHK02TH'. 
 
 SiTOj is strictly wlieat-fiuur, d\(piTa burlcii-floiir, 
 irvpol u-ltcat, KpiBal hurleij, dpros tcheat bread, fxa^a 
 barley bread. Sitos, however, is often applied to 
 all kinds of com, and even in a larger sense to pro- 
 wions in generaL See 21'TOT AI'KH. [C. R. K.] 
 2l'TOT AI'KH. The marriage portion (irpor^) 
 being intended as a provision for the wife, altliougli 
 it was paid to the liusband by her father, Ijrother, 
 
 or other natural guardian (/cuptos), if anything 
 happened to sever the marriage contract, the hus- 
 band or his representiitive was bound to repay it 
 or, if he failed to do so, he was liable to pay inte- 
 rest upon it at the rate of eighteen per cent, pei 
 annum (or' ivvia oSoXois ToKO(pop(7v). This wai 
 the law in case of a divorce (Demosth. c. Neaer 
 1362) ; and also when, after a contract of marriage 
 and after pa_^^nent of the marriage portion, the in- 
 tended husband refused to perform his engage 
 ment. (Demosth. c. .(lyi/ioi. 818.) Upon the deatl 
 of the husband without children, the wife and he; 
 money went back to the natural guardian (Isaeus 
 de Pyrr. Iter. 41. ed. Steph.); but if he died Icav 
 ing children, she had the option of staying will 
 them or going back to her Kvptos. If she did th( 
 latter, the children (or their guardian, if they wen 
 mider age) were bound to pay back the portion t( 
 the Kvpios, or eighteen per cent, interest in thi 
 meantime. (Isaeus, de Pyrr. her. 38. 46. ed. Steph. 
 And if she married again, her Kvpios was boimd h 
 honour to give the same sum to her new husband 
 (Demosth. c. Boeot. de dote, 1010.) Upon thi 
 transfer of a woman from one husband to another 
 which was not uncommon, the irp04| was trans 
 ferred with her. (Demosth. c. Otiet. 866.) A wo 
 man's fortune was usually secured by a mortgage 
 of the husband's property ; but whether this wai 
 so or not, her guardian, in any of the cases abov( 
 mentioned, might bring an action against the parti 
 who unjustly withheld it ; 5i'/ct) vpoiKos, to recove' 
 the principal, SiKr) cr'iTov, for the interest. Thi 
 interest was called (tItos (alimony or maintenance) 
 because it was the income out of which the womat 
 had to be maintained, oi dcfxiASiievai rpoipat, i 
 SiSojuevT) irpoaoSos els Tpocpriv tois yvvm^'iv. (Har 
 pocr. s. V. 2?ros : Pollux, viii. 33 ; Demosth. c 
 Aphob. 839. 854.) The word oItos is often used 
 generally for provisions, just as we use the word 
 bread. So in the law, which required the son o: 
 an fTr'iKAripos to maintain his mother when h( 
 came of age and took possession of her inheritance 
 the expression is tov oitov ix^Tpfiv t;; f^V'p'' 
 (Demosth. c. Sieph. 1135.) The allowance foi 
 rations given to soldiers was called anripiam 
 (Bockh, Staaish. der Allien, i. 293.) The Si'm 
 airou was tried before the archon in the Odeum 
 the same building in which the com granariei 
 were kept, which makes it not improbable that it 
 earlier times the defendant was called upon to pa} 
 the damages in kind, that is, in com or some othei 
 sort of provisions ; though it was soon found to bt 
 more convenient to commute this for a money pay 
 ment. This cause, like the Si'/cjj irpoi/cos, seems ti 
 have belonged to the e/u^iijfoi SiKai, as it was pre 
 sumed that the woman coidd not wait long for thi 
 means of her daily subsistence. It was oti'iUTItos 
 for the damages were clearly liquidated, being ; 
 mere matter of calculation, when the pajnuent ol 
 the marriage portion was proved. (Suidas, s. v 
 'n.Se7ov: Pollux, iii. 47; vi. 153; viii. 31.33 
 Meier, Att. Proc. 43. 423—427 ; Platner, Proc 
 und Klaq. ii. 266.) [C. R. K.] 
 
 SI'TULA, dim. SITELLA, (iJSpi'o) was pro 
 bably a bucket or pail for drawing and carryinf 
 water (Plaut. Amplt. ii. 2. 39), but was men 
 usually applied to the vessel from which lots wen 
 drawn : tiitdla, however, was more commonly usci 
 in this signification. (Plaut. Cas. ii. 5. 34.43 ; ii. 6, 
 7. 1 1 ; Liv. XXV. 3 ; xli. 18.) It appears thai 
 the vessel was filled with water (as among the 
 
soccus. 
 
 Greeks, whence the word uSpi'a), and that tlie 
 ; lots {sortes) were made of wood ; and as, though 
 ' increasing in size below, it had a narrow neck, 
 only one lot could come to the top of the water at 
 tlie same time, when it was shaken. {Sitidam hue 
 b rum affcrto cum (u/ua et sortes. Plant. Cas, ii. 4. 
 17 ; Cic. in Verr. ii. ii. 51 ; Vospisc. Proh. 8.) 
 Tlie vessel used for drawing lots was also called 
 II nm or orca as well as Situla or Sitella. (Cic. in 
 \'idi>i. 14; Val. Max. vi. 3. § 4 ; Virg. Acn. vi. 
 431, &c. ; Lucian, v. 394, with Schol. ; compare 
 Pers. iii. 48.) 
 
 It is important to understand the true meaning 
 ut Sitella, since almost all modern writers have 
 supposed that the name of Sitella or Cista was 
 ' given indifferently to the ballot-box, into which 
 5 those who voted in the comitia and courts of 
 i justice cast their tabeUae : but Wunder {Codex 
 I Erfutensis, p. dviii. &c.) has proved, that the 
 f opinion of Manutius (t/c Comitiis Romanis, c. 15. 
 |!p. 527. ed. Graev.) is correct, who maintained that 
 :'the Sitella was the urn, from which the names of 
 ' the tribes or centmies were drawn out by lot, so 
 f that each might have its proper place in voting, 
 ' and that the Cista was the box into which the 
 tabellae were cast. (Cistas sxiffra(jiorum in comiliis, 
 PHn. H. N. xxxiii. 2. s. 7 ; Auctor, ad Hereim. i. 
 I '- ; Pseud- Ascon. ad Cic. Div. 7. p. 108. ed. 
 Urolli.) The form of the Cista is preserved 
 ilon a coin of the Cassian gens, figured by 
 'Spanheim {de Pfoest. ei Usu Numism. p. 580. 
 ( I I. 1')'71 ), where a man is represented in the act of 
 phicing a tabella, marked with the letter A (i. e. 
 ubsolvo), in the cista. This cista, which is repre- 
 sented in the annexed cut, is evidently 
 made of wicker or similar work (to 
 I which TibuUus, i. 7. 48, alludes in the fe^ 
 ' line " Et levis occultis conscia cista 
 sacris"), and therefore could not possibly 
 111' used in the drawing of lots, since we know that 
 tlic vessels used for that purpose were filled with 
 wator. The form of the Sitella is also 
 given by Spanheim (/. f.), from another £i\ 
 ' coin of the Cassian gens. (See cut an- \J 
 ' nexed.) This account has been taken 
 ' from a very excellent dissertation by Wunder 
 
 * in the abovementioned work. 
 
 I SITTYBAE. [Liber, p. 568.] 
 
 SMI'AH. [D0LABR.\.] 
 
 ! soccus, dim. SO'CCULUS, was nearly if not 
 
 ' altogether equivalent in meaning to Crepid.4, and 
 denoted a slipper or low shoe, which did not fit 
 
 ' closely, and was not fastened by any tie. (Isid. 
 
 I Orig. xix. 33.) Shoes of this description w^ere 
 worn, more especially among the Greeks together 
 with the Pallium, both by men and by women. 
 But those appropriated to the female sex were 
 
 I finer and more ornamented (Plin. H.N.vk. 35. s.5() ; 
 
 ' Soccus muliebi-is, Sueton. Calir/. 52 ; Vitell. 2), al- 
 though those worn by men were likewise in some 
 
 ' instances richly adorned according to the taste and 
 
 • means of the wearer. (Plant. Bacch. ii. 3. 98.) 
 Caligida wore gold and pearls upon his slippers. 
 (Sen. de Be.n. ii. 12 ; Plin. H, N. xxxvii. 2. s. 6.) 
 
 r For the reasons mentioned under the articles 
 Baxa and Crepida the Soccus was worn by 
 1 comic actors (Hor. Ars Poet. 80. 90), and was in 
 ' this respect opposed to the Cothurnus. (Mart. 
 ; viii. 3. 13; Plin. Epist. ix. 7.) The annexed 
 I woodcut is taken from an ancient painting of a 
 buffoon [MiMUs], who is dancing in loose ycUow 
 
 SOCIETAS. 788 
 
 slippers {luteum soccum, CatuU. Ejiithal. Jul. 10). 
 This was one of their most common colours. (De 
 L'.^ulnaye, Salt Theat. pL iv.) [Solea.] [J. Y.] 
 
 SOCl'ETAS. Societas is classed by Gaius (iii. 
 135) among those obligationes which arise Consen- 
 su. When several persons unite for a common pur- 
 pose, which is legal, and contribute the necessary 
 means, such a union is Societas, and the persons 
 are Socii. The contract of Societas might either be 
 made in words or by the acts of the parties, or by 
 the consent of the parties signified through third 
 persons. A Societas might be fonned either for 
 the sake of gain to arise from the dealings and 
 labour of the Socii ((juaestus), or not. Societas 
 for the purpose of quaestus corresponds to the Eng- 
 lish Partnership. A Societas might be formed 
 which should comprise all the property of the Socii 
 (societas omnium bonorum) ; in which case as soon 
 as the Societas was formed, all the property of all 
 the Socii immediately became common ( res cocunfeanj 
 continuo comnumicantur). But the Societas might 
 be limited to a part of the property of the Socii or 
 to a single thing, as the buying and selling of 
 slaves, or to carrying on trade in a particular thing 
 in a particular place. (Cic. pro P. Quintio, c. 3.) 
 The communion of property in a Societas might 
 also be limited to the use of the things. 
 
 Each Socius was bound to contribute towards 
 the objects of the Societas according to the terms 
 of the contract. But it was not necessary that all 
 the Socii should contribute money : one might sup- 
 ply money and another might supply labour (ojocra), 
 and the profit might be divisible between them, 
 for the labour of one might be as valuable as 
 the money of the other. In the case of Roscius 
 the actor, Fannius had a slave Panurgus, who by 
 agreement between Roscius and Fannius was made 
 their joint property (conimu?ns). Roscius paid 
 nothing for his one half of the man, but he under- 
 took to instruct him in his art. Apparently they 
 became partners in the man in equal shares, for 
 Cicero complains of the terms of the Societas on 
 the part of Roscius whose instruction was worth 
 much more than the price of the slave before he was 
 taught his art. (Cic. pro Q. Roscio Com. \0.) The 
 agreement between the Socii might also be, that 
 one Socius should sustain no loss and should have 
 a share of the gain, provided his labour was so 
 valuable as to render it equitable for him to become 
 a partner on such terms. If the shares of the Socii 
 were not fixed by agreement they were considered 
 to be equal. One partner might Lave two or more 
 
R88 
 
 SOCIETAS. 
 
 SOCII. 
 
 shares, and another might have only one, if their 
 contributions to the Societas in money or in labour 
 were in these proportions. If the agreement was 
 merely as to the division of profit, it followed that 
 the Socii must bear the losses in the same propor- 
 tion. Each Socius was answerable to the others for 
 his conduct in the management of the business : he 
 was bound to use Diligentia and was answerable 
 for any loss through Culpa. The action which one 
 socius had against another in respect of the contract 
 of partnership was an actio directa and called Pro 
 Socio {arbiintm pro socio, Cic. pro Q. Roscio Com. 
 9). The action might be brought for any breach 
 of the agreement of partnership, for an account and 
 for a dissolution. A partner might transfer his in- 
 terest to another person, but this transfer did not 
 make that other person a partner, for consent of all 
 parties was essential to a Societas : in fact such a 
 transfer was a dissolution of the partnership and 
 the person to whom the transfer was made might 
 have his action De Communi dividundo. 
 
 Each socius had a right of action in proportion 
 to his interest against any person with whom any 
 of the socii had contracted, if the socii had com- 
 missioned him to make the contract or had approv- 
 ed of the contract ; or if it was an action arising 
 from a delict. Thus in the ease of Roscius and 
 Fannius, they had severally sued a third person in 
 respect of their several claims as partners, and yet 
 Fannius still claimed the half of what Roscius had 
 recovered in respect of his share in the partnership. 
 {Pro Q. Bosc. Com. 11. 17, 18.) In all other 
 cases the person who made the contract could alone 
 sue. All the socii could be sued if they had all 
 joined in the contract with a third person, and each 
 in proportion to his share. If one socius contracted 
 on behalf of all, being commissioned to do so, all 
 were liable to the full amount. If a socius borrow- 
 ed money, the other socii were in no case bound 
 by his contract, unless the money had been brought 
 into the connnon stock. In fact the dealings of 
 one partner did not bind the other partners, except 
 in such cases as they would be bound independent 
 of the existence of the Societas. Condenniatio in 
 an Actio Pro Socio was sometimes attended with 
 Infamia. 
 
 A Societas could be ended at the pleasure of any 
 one of the socii : any member of the body could 
 give notice of dissolution when he pleased (reiiun- 
 iiare societafi), and therefore the Societas was dis- 
 solved [so/ritiir). But in the case of a societas 
 omnium bonorum, if one socius had been appointed 
 heres, he could not by giving notice of dissolution 
 defraud his co-partners of their share of the here- 
 ditas. The death of a partner dissolved the Societas; 
 and a Capitis diniiuiitio was said to have the same 
 effect. If the pmiiert}' of any one of the socii was 
 sold either publice {/inminiiii jiuhliculin) or priva- 
 tim, the Societas was dissolved. It was also dis- 
 solved when the purpose for which it was formed 
 was accomplished ; or the things in which there 
 was a Societas, had ceased to exist. 
 
 If on the dissolution of a partnership there was 
 no profit, but a loss to sustain, the loss was borne, 
 as already stated, by the socii in proportion to their 
 shares. If one man contributed money and another 
 labour, and there was a loss, how was the loss 
 borne ? If the money and the labour were con- 
 sidered equivalent, it would seem to follow that 
 until the partnership pro|>erty were exhausted by 
 the payment of the debts, there should be no pe- I 
 
 cuniary contribution by the person who supplied 
 the labour. This principle is a consequence of 
 what Gains states that the capital of one and the 
 labour of another might be considered equal, and 
 the gain might be divided, and if there was a loss 
 the loss must be divided in the same proportion. 
 
 Societates were formed for the purposes of farm- 
 ing the public revenues. [Publicani.] 
 
 (Gaius, iii. 148 — 154 ; Dig. 17. tit. 2 ; Inst, ill 
 tit. 20 ; Cod. 4. tit. 37 ; MUhlenbruch, Dodrina 
 Pandedarum ; Mackeldey, Lehriiich, ^c. ; Hasse, 
 Die Culpa des R6m. Bechis, s. 46. i'X) [G. L.] 
 
 SO'CII (avjxixaxot). In the early times, when 
 Rome formed equal alliances with any of the sur- 
 rounding nations, these nations were called Socii. 
 (Liv. ii. 53.) After the dissolution of the Latin 
 league, when the name Laiini, or Nomcn Lutinum, 
 was artificially applied to a gi'eat number of Ital- 
 ians, few only of whom were real inhabitants of 
 the old Latin towns, and the majority of whom 
 had been made Latins by the will and the law of 
 Rome, there necessarily arose a difference between 
 these Latins and the Socii, and the expression 
 Socii Nomcn Latiimm is one of the old asjnideta, 
 instead of Socii et Nomcn Latinum. The Italian 
 allies again must be distinguished from foreign 
 allies. Of the latter we shall speak hereafter. 
 The Italian allies consisted, for the most part, of 
 such nations as had either been conquered by the 
 Romans, or had come under their dominion by 
 other circumstances. When such nations formed 
 an alliance with Rome, they generally retain- 
 ed their own laws; or if at first they were not 
 allowed this privilege, they afterwards received 
 them back again. The condition of the Italian 
 allies varied, and mainly depended upon the man- 
 ner in which they had come under the Roman do- 
 minion (Liv. viii. 25 ; ix. 20) ; but in reality they 
 were always dependent upon Rome. Niebuhr 
 {Hkt. of Rome, iii. p. CI (J) considered that there 
 were two main conditions of the Socii, analogous 
 or equal to those of the provincials, that is, that 
 they were either focdcrati or liheri {immunes, Cic 
 c. Vcrr. iii. (i). The former were such as had 
 fonned an alliance with Rome, which was swoni 
 to by both parties ; the Latter were those people 
 to whom the senate had restored their autonomy 
 after they were conquered, such as the Herniean 
 to\vns. (Liv. ix. 43.) But the condition of each 
 of these classes must again have been modified ac- 
 cording to circumstances. The cases in which 
 Rome had an equal alliance with nations or towns 
 of Italy became gradually fewer in niunber : alli- 
 ances of this kind existed indeed for a long time 
 with Tibur, Pracneste, Naples, and others (Polyb. 
 vi. 14 ; Liv. xHii. 2 ; Cic. pro Bulb. 8) ; but these 
 places were, nevertheless, in reality as dependent 
 as the other Socii. It was only a few people, such 
 as the Camertes and Heracleans, that maintJiined 
 the rights of their equal alliance with Rome down 
 to a very late time. (Liv. xxviii. 45 ; Pint. Mar. 
 28 ; Cic. pro Dalb. 20 ; pro Arch. 4.) With these 
 few exceptions, most of the Italians were either 
 Socii (in the later sense) or Latini. During the 
 latter period of the republic they had the conuu- 
 bimn with Rome (Diodor. Euverjii. Mai, xxxvii. 0"), 
 but not the suffrage of the Latins. It sometimes 
 happened, as in the case of the Macedonian (Jnesi- 
 mus, that a foreign individual was honoured by the 
 senate by being registered among the Italian Socii 
 (in sociurum formtdam rcfcrre), and in this case the 
 
SOCII. 
 
 ?ienate provided him witli a house and lands in 
 iome part of Italy. (Liv. xliv. 16'.) 
 
 Although the allies had their own laws, the 
 ienate, in cases where it appeared conducive to the 
 '.general welfare, miglit conunand them to submit to 
 :iny ordinance it might issue, as in the case of the 
 iSenatusconsultum de Bacchanalibus. (Liv. xxxix. 
 14.) Many regidations also, which were part of 
 ithe Roman law, especially such as related to 
 ^usury, sureties, wills, and innumerable other things 
 |i(Liv.xxxv. 7; Gains, iii. 121, &c. ; Cic. pro Balk 8), 
 :were introduced among the Socii, and nominally 
 •received by them voluntarily. (Cic. 1. c. ; Gell. xvi. 
 
 xix. 8.) The Romans thus gradually united 
 ;the Italians with themselves, by introducing their 
 !own laws among them ; but as they did not grant 
 ito them the same civic rights the Socii ultimately 
 .demanded them arms in their hands. 
 ( Among the duties which the Italian Socii had to 
 Sperform towards Rome the following are the prin- 
 cipal ones : they had to send subsidies in troops, 
 money, com, ships, and other things, whenever 
 Home demanded them. (Liv. xxvi. 3!) ; xxviii. 45 ; 
 XXXV. 16, &c.) The number of troops requisite 
 for completing or increasing the Roman armies was 
 decreed every year by the senate (Liv. passim), 
 and the consuls fixed the amount which each allied 
 [nation had to send, in proportion to its population 
 capable of bearing anns, of which each nation was 
 obhged to draw up accurate lists, called fonnu/ae. 
 (Liv. xxxiv. 56 ; Polyb. ii. 23, itc. ; Liv. xxii. 57 ; 
 ixxvii. 10.) The consul also appouited the place 
 and time at which the troops of the Socii, each part 
 under its own leader, had to meet him and his 
 legions. (Polyb. vi. 21. 26; Liv. xxxiv. 56; 
 -xxxvi. 3 ; xli. 5.) The infantry of the allies in 
 :a consular army was usually equal in niunbers 
 to that of the Romans ; the cavalry was generally 
 ithree times the number of the Romans (Polyb. iii. 
 108 ; vL 26. 30): but these numerical proportions 
 were not always observed. (Polyb. ii. 24 ; iii. 72.) 
 The consuls appointed twelve praefects as com- 
 manders of the socii, and their power answered to 
 ■that of the twelve military tribunes in the consular 
 legions. (Polyb. vi. 26. 37.) These praefects, who 
 were probably taken from the allies themselves, 
 and not from the Romans, selected a third of the 
 icavalry, and a hfth of the infantry of the Socii, 
 , who fonned a select detachment for extraordinary 
 ; cases, and who were called the citraonliiiani. 
 The remaining body of the Socii was then divided 
 into two parts, called the right and the left wing. 
 (Polyb. I.e.; Liv. xxxi. 21 ; xxxv. 5.) The in- 
 fantry of the wings was, as usual, divided into 
 cohorts, and the cavalry into turmae. In some 
 leases also legions were fonned of the Socii. (Liv. 
 xxxvii. 3.y.) Pay and clothing were given to the 
 allied troops by the states or towns to which they 
 belonged, and which appointed quaestors or pay- 
 i masters for this pui-pose ( Polyb. vi. 21 ; Cic. c. Verr. 
 V. 24) ; but Rome furnished them with provisions 
 ■ at the expense of the republic: the infantry re- 
 ceived the same as the Roman infantry, but the 
 icavalry only received two-thirds of what was given 
 ,to the Roman cavalry. (Polyb. vi. 39 ; C\c. pro 
 \Balb. 20.) In the distribution of the spoil and of 
 I conquered lands they frequently received the same 
 share as the Romans. (Liv. xl. 43; xli. 7. 13; 
 xlv. 43 ; xlii. 4.) The socii were also sometimes 
 sent out as colonists with the Romans. (Appian, 
 'Ic Bell. Civ. i. 24.) They were never .illowed to 
 
 SOLARIUM. 880 
 
 take up arras of their own accord, and disputes 
 among them were settled by the senate. Notwith- 
 standing all this, the socii fell gradually under the 
 arbitrary rule of the senate and the magistrates of 
 Rome ; and after the year B.C. 173, it even be- 
 came customary for magistrates, when they travel- 
 led through Italy, to demand of the authorities 
 of allied towns to pay homage to them, to pro- 
 vide them with a residence, and to furnish them 
 with beasts of burden when they contiimed their 
 journey. (Liv. xlii. I.) Gellius (x. 3) mentions 
 a number of other vexations, which the Roman 
 magistrates indicted upon the Socii, who coidd 
 not venture to seek any redress against them. 
 The only way for the allies to obtain any protection 
 against such arbitrary proceedings, was to enter 
 into a kind of clientela with some influential and 
 powerful Roman, as the Samnites were in the cHen- 
 tela of Fabricius Luscinus (Val. Max. iv. 3. § 6), 
 and the senate, which was at all times regarded as 
 the chief protector of the Socii, not only recognised 
 such a relation of clientela between socii and a 
 Roman citizen, but even referred to such patrons 
 cases for decision which otherwise it might have 
 decided itself. (Dionys. ii. II; Liv. ix. 20 ; Cic. 
 proSiill. 21.) Socii who revolted against Rome were 
 frequently punislied with the loss of their freedom, 
 or of the honour of serving in the Roman armies. 
 (Gell. I. c. ; Appian, dc Dell. Ilamiib. 6 1 ; Strab. v. p. 
 385 ; vi. p. 389 ; Fest. s. i\ Bradani.) Such punish- 
 ments however varied according to circumstances. 
 
 After the civitas had been granted to all the 
 Italians by the Lex Julia de Civitate, the relation 
 of the Italian Socii to Rome ceased. But Rome 
 had long before this event applied the name Socii 
 to foreign nations also which were allied with 
 Rome, though the meaning of the word in this 
 case differed from that of the Socii Italici. Livy 
 (xxxiv. 57 ; comp. xxxv. 46) distinguishes two 
 principal kinds of alliances with foreign nations : 
 l./oedus aequum, such as might be concluded either 
 after a war in which neither party had gained 
 a decisive victory, or with a nation wth which 
 Rome had never been at war ; 2. a /ocdiis iimjimm, 
 when a foreign nation conquered by the Romans 
 was obliged to enter the alliance on any terms pro- 
 posed by the conquerors. In the latter case the 
 foreign nation was to some extent subject to Rome, 
 and obliged to comply with anything that Rome 
 might demand. But all foreign socii, whether they 
 had an equal or an unequal alliance, were obliged 
 to send subsidies in troops when Rome demanded 
 them ; these troops, however, did not, like those of 
 the Italian socii, serve in the line, but were em- 
 ployed as light-armed soldiers, and were called 
 milites aiuiiiares, auxiliarii, auxilia, or sometimes 
 aiixilia externa. (Polyb. ii. 32; Liv. xxi. 46, &c. ; 
 xxii. 22 ; xxvii. 37 ; xxxv. 1 1 ; xlii. 29. 35.) 
 Towards the end of the republic all the Roman 
 allies, whether they were nations or kings, sank 
 down to the condition of mere subjects or vassals 
 of Rome, whose freedom and independence con- 
 sisted in nothing but a name. (Walter, Ocsch. d. 
 Rom. Reelds, p. 192, &c. ; compare Foeder.\tae 
 CiVITATBS.) [L. S.] 
 
 SO'CIO, PRO, ACTIO. [SociETAs.] 
 
 SO'CIUS. [SOCIETAS.] 
 
 SODA'LES AUGUSTA'LES. [Augu.stales.J 
 SODALITI'UM. [Ambitus.] 
 SOLA'RIUM. [lIoROLouiuw, p. 487; IIou.-,e 
 (Roman), p. 497.] 
 
890 
 
 SORTES. 
 
 SPECULUM. 
 
 SO'LEA was the simplest kind of sandal [San- 
 dalium], consisting of a sole with little more to 
 fasten it to the foot than a strap across the instep. 
 (GeUius, iii. 14; xiii. 21.) It was sometimes 
 made of wood (Isid. Orig. xix. 33), and worn by 
 rustics {KaXoveSiXa, Theocrit. xxv. 102, 103), 
 resembling probably the wooden sandals which 
 now form part of the dress of the Capuchins. The 
 solea, as worn by the upper classes, was adapted 
 chiefly for wearing in the house, so that when a 
 man went out to dinner, he walked in shoes 
 [Calceus], taking with him slippers [Soccus] or 
 soleae, which he put on when he entered the 
 house. Before reclining at table, these were taken 
 away by a servant ( See woodcut, p. 253 ; Plant. 
 True. ii. 4. IG; Ovid. Ar. Am. ii. 212; Mart, 
 viii. 59. 14); consequently when dinner was over 
 it was necessary to call for them. (Plant. Tnu:. ii. 
 4. 12 ; Most. ii. 1. 37 ; Hor. Sat. ii. 8. 77.) But, 
 according to the state of the roads or of the wea- 
 ther, the shoes or boots were again put on in order 
 to retiun home, the soleae being carried, as before, 
 under the arm. {Hoi. Epist. i. 13. 15.) When 
 circumstances were favourable, this change of the 
 shoes for slippers or soleae was not considered 
 necessary, the latter being worn in the streets. 
 (Mart. xii. 88.) 
 
 Soleae ligneae, soles or shoes of wood, were put 
 on, under the authority of the Roman law, either 
 for the purpose of torture, or perhaps merely to in- 
 dicate the condition of a criminal, or to prevent 
 his escape. (Cic. Invent, ii. 50 ; ad Herenn. i. 13.) 
 In domestic life the sandal, commonly worn by 
 females, was often used to chastise a husband and 
 to bring him into subjection. (Menander, p. 68. 
 186. ed. Meineke: solea ohjurgahere riihra, Pers. v. 
 169 ; sandalio, Ter. Eunuch, v. 8.4 ; Juv. vi. 516.) 
 
 Iron shoes {soleae ferreae) were put on the feet 
 of mules (Catull. xvii. 26) ; but instead of this, 
 Nero had his mides shod with silver (Sueton. 
 Nero, 30), and his empress Poppaea her's with 
 gold. (Plin. H. N. xxxiii. 11. s. 49.) [J. Y.] 
 
 SO'LIDUS. [AuRUM, p. 119.] 
 
 SOLITAURI'LIA. [Sacrificium, p. 823 ; 
 LusTRATio, p. 584 ; and woodcut on p. 884.] 
 
 SO'LIUM. [Baths, p. 140.] 
 
 SOPHRONISTAE. [Gymnasium, p. 463.] 
 
 20P0I'. [FuNUS, p. 436.] 
 
 SORTES, lots. It was a frequent practice 
 among the Italian nations to endeavour to ascertain 
 a knowledge of future events by drawing lots 
 {sortcs) : in many of the ancient Italian temples 
 the will of the gods was consulted in this way, as 
 at Praeneste, Caere, &c. [Oraculum, p. 647.] 
 Respecting the meaning of Sors see Cic. de Div. ii. 
 41. 
 
 These sortes or lots were usually little tablets or 
 counters, made of wood or other materials, and 
 were commonly thrown into a sitella or urn, filled 
 with water, as is explained under Sitella. The 
 lots were sometimes thrown like dice. (Suet. Tib. 
 14.) The name of Sortes was in fact given to any- 
 thing used to determine chances (compare Cic. de 
 Div. i. 34), and was also applied to any verbal re- 
 sponse of an oracle. (Cic. de Div. ii. 56 ; Virg. Aen. 
 iv. 346. 377.) Various things were written upon 
 the lots according to circumstances, as for instance 
 the names of the persons using them, &c. : it seems 
 to have been a favom-ite practice in later times to 
 write the verses of illustrious poets upon little tab- 
 lets, and to draw them out of the m'n like other lots. 
 
 the verses which a person thus obtained being su( 
 posed to be applicable to him : hence we read ( 
 Sortes Virgilianae, &c. (Laraprid. Alex. Sever. 14 
 Spartian. Hadr. 2.) It was also the practice t 
 consult the poets in the same way as the Mohan 
 medans do the Koran and Hafiz, and many Chris 
 tians the Bible, namely, by opening the book a 
 random and applying the first passage that struci 
 the eye to a person's own immediate circumstancei 
 (August. Con/ess. iv. 3.) This practice was ver 
 common among the early Christians, who substi 
 tuted the Bible and the Psalter for Homer an- 
 Virgil : many councils repeatedly condemned thes 
 Sortes Sanctorum, as they were called. (Gibbon 
 Decline and Full, c.xxxviii. note 51.) The Sibylhn 
 books were probably also consulted in this way 
 [SiBYLLiNi Librl] Those who foretold futur 
 events by lots were called Sortilcgi. (Lucan, ix 
 581.) 
 
 The Sortes Conviviales were tablets sealed u{ 
 which were sold at entertainments, and upon beinj 
 opened or unsealed entitled the purchaser to thing 
 of very unequal value : they were therefore a kin( 
 of lottery. (Suet. Octav. 75 ; Lamprid. Heliogal 
 22.) 
 
 SPARUS. [Hasta, p. 468.] 
 SPECULA'RIA. [House (Roman), p. 500, 
 SPECULA'RIS LAPIS. [House (Roman) 
 p. 500.] 
 
 SPECULA'TORES or EXPLORATO'RE^ 
 were scouts or spies sent before an army to recon 
 noitre the ground and observe the movements o 
 the enemy. (Caes. B. G. i. 12 ; ii. 11.) Festui 
 (s. Ei-plorat.) makes a distinction between thesi 
 two words, which is not sustained by the usage o 
 the ancient writers. As these Speculatores wen 
 naturally active men, they were frequently em- 
 ployed by the emperors to convey letters, news 
 &c." (Suet. Cal. 44 ; Tac. Hist. ii. 73.) 
 
 Under the emperors there was a body of troopi 
 called Speculatores, who formed part of the praeto- 
 rian cohorts, and had the especial care of the em- 
 peror's person. (Tac. Hist. ii. 1 1 ; Suet. Claud. 
 35 ; Otho, 5.) They appear to have been so called 
 from their duty of watching over the emperor's 
 safety. (Compare Spanheim, de Praest et Osu 
 Numism. ii. p. 234, &c.) 
 
 SPE'CULUM {KaTowrpov, ftroirTpov, evoTrrpov), 
 a mirror, a looking-glass. The use of mirrors is of 
 very high antiquity {Job, xxxvii. 18 ; Exodus. 
 xxxviii. 8), but they are not mentioned by Homer, 
 even when he describes in so circumstantial a man- 
 ner the toilet of Juno. In the historical times o! 
 Greece they are frequently spoken of (Xen. Ci/r. 
 vii. 1. § 2 ; Eurip.A/«/6'a,1161 ; Orest. 1112,&c.). 
 and they were probably known in Greece long be- 
 fore, since every substance capable of receiving a 
 fine polish would answer the purpose of a mirror. 
 Thus basins were employed instead of mirrors 
 (Artemiod. 0?ieir. iii. 30. p. 279. ed. Reiif ), and 
 also cups, the inside of which was sometimes so 
 disposed, that the image of the person who drank 
 from them was seen multiplied. (Plin. H.N. xxxiii. 
 9. s. 45 ; compare Vopisc. Prob. 4.) 
 
 The looking-glasses of the ancients were usually 
 made of metal, at first of a composition of tin and 
 copper, but afterwards more frequently of silver. 
 (Plin. /. c.) Pliny says that silver mirrors were 
 first made by Praxiteles in the time of Pompey 
 tlic Great, but tlicy are mentioned as early as that 
 ofPlautus. (il/os/. i. 3. II 1.) Under the empire 
 
SPECULUM. 
 
 2*PAri'2. 
 
 891 
 
 he use of silver mirrors was so common, that they 
 legan to be used even by maid ser\ ants(Plin.xxxiv. 
 i 7. s. 48) : they are constantly mentioned in the 
 Ipigest, when silver plate is spoken of (33. tit. 6 
 P. 3 ; 34. tit. 2. s. 19. § 8). At first they were 
 •nade of the purest silver, but metal of an inferior 
 [uality was afterwards employed. (Plin. xxxiii. 
 ,). § 45.) Frequently too the polished silver plate 
 ivas no doubt very slight, but the excellence of the 
 jniiTor very much depended on the thickness of the 
 ilate, since the reflection was stronger in propor- 
 iion as the plate was thicker. (Vitruv. vii. 3. p. 
 ,304. ed. Bip.) We find gold mirrors mentioned 
 !j)nce or twice by ancient writers (Eurip. Hecub. 
 ;)25 ; Senec. Qtuicst. Nat. i. 17; Aelian, V. H. 
 ,di. 58) ; but it is not impossible, as Beckmann 
 lias remarked, that the term golden rather refers to 
 .the frame or ornaments than to the mirror itself, 
 IS we speak of a gold watch, though the cases only 
 nay be of that metal. 
 
 I Icsides metals, the ancients also formed stones 
 iitM mirrors, but these are mentioned so seldom 
 li.it we may conclude they were intended for oma- 
 unit rather than for use. Pliny (xxxvi. 26. s. 67) 
 'iientions the obsidian stone, or, as it is now called, 
 the Icelandic agate, as particularly suitable for this 
 purpose. Domitian is said to have had a gallery 
 jlined with pliewjitcs, which by its reflection showed 
 ,'vcrythiiig that was done behind his back (Suet. 
 Dniit. 14), by which Beckmami understands a 
 alcareous or gypseous spar, or selenite, which is 
 indeed capable of reflecting an image ; but we can- 
 inot therefore conclude that the ancients formed 
 .mirrors of it. Mirrors were also made of rubies 
 :iccording to Pliny (xxxvii. 7. s. 25), who refers to 
 rheophrastus for his authority, but he seems to 
 have misunderstood the passage of Theophrastus 
 ['!(■ Iiipid. 61), and this stone is never found now 
 sufficiently large to enable it to be made into a 
 mirror. The emerald, it appears, also served Nero 
 for a mirror. (Plin. xxxvii. 5. s. 16 ; Isidor. xvi. 
 
 The ancients seem to have had glass mirrors 
 r.ilso like ours, which consist of a glass plate cover- 
 ed at the back with a thin leaf of metal. They 
 were manufactured as early as the time of Pliny at 
 the celebrated glass-houses of Sidon (Plin. xxxvi. 
 26. s. 66), but they must have been inferior to 
 those of metal, since they never came into general 
 use and are never mentioned by ancient writers 
 among costly pieces of furniture, whereas metal mir- 
 rors frequently are. Pliny seems to allude to them in 
 another passage (xxxiii. 9. s. 45), where he speaks 
 of gold being applied behind a mirror, which we 
 can understand, if we admit that Pliny was ac- 
 quainted with glass mirrors. 
 
 Of mirrors made of a mixtMe of copper and tin, 
 the best were manufactured at Brundisium. (Plin.' 
 ixxxiii. 9. s. 45 ; xxxiv. 17. s. 48.) This mixture 
 produces a white metal, which, unless preserved 
 with great care, soon becomes so dim that it can- 
 not be used until it has been previously cleaned 
 and polished. For this reason a sponge with 
 pounded pumice-stone was generally fastened to 
 the ancient mirrors. (Plat. Timae. p. 72. c. ; Vos- 
 sins, ad CatuU. p. 97.) 
 
 Looking-glasses were generally small and such 
 as could be carried in the hand. Most of those 
 which are preserved in our Museums are of this 
 kind ; they usually have a handle, and are of a 
 round or oval shape. Their general form is showTi 
 
 in the woodcut annexed. (Caylus, Recueil cTAn- 
 tiquitcs, vol. v. pi. 62.) 
 
 Instead of their being fixedsoastobehung against 
 the wall or to stand upon the table or floor, they 
 were generally held by female slaves before their 
 mistresses when dressing (Propert. iv. 7. 75, 76), 
 which office was also performed sometimes by the 
 lover, when admitted to the toilet of his mistress. 
 (Ovid, Ar. Am. ii. 216.) On ancient vases we 
 sometimes find female slaves represented holding 
 up mirrors to their mistresses. (Tischbein, Ejigrav. 
 from ancient Vases, \. pi. 10.) 
 
 Looking-glasses, however, were also made of the 
 length of a person's body {specula iotis paria cor- 
 poribus, Senec. Quaest. Nat. i. 17) : of which kind 
 the mirror of Demosthenes must have been. 
 (Quintil. Insi. Or. xi. 3. § 68.) They were 
 fastened to the walls sometimes (speculum parieii 
 affimm. Dig. 34. tit. 2. s. 19. § 8 ; Vitruv. ix. 
 6. (9.) p. 280. Bip.), though not generally. Sue- 
 tonius in his life of Horace speaks of an apartment 
 belonging to that poet, which was lined with mir- 
 rors (speculatum cubiculum), which expression, how- 
 ever, Lessing considers as contrary to the Latin 
 idiom, and therefore regards the whole passage as 
 a forger}-. That there were, however, rooms orna- 
 mented in this way, is probable from Claudian's 
 description of the chamber of Venus, which was 
 covered over with mirrors, so that whichever way 
 her eyes turned she could see her own image. 
 {Hymn, in Nupt. Honor, et Mar. 106, &c.) We 
 frequently find the mirror mentioned in connection 
 with Venus (Athen. xv. p. 687. c.), but Minerva 
 was supposed to make no use of it. (Callim. //y;n?^. 
 i7i Lavacr. Pallad. 17.) 
 
 (Spanheim, Observ. in CallimacJii Hymnum in 
 lava^um Palladis, p. 547. Ultraj. 1697 ; Menard, 
 Rccherches sur les Miroirs des Anciens in fHistoire 
 de r Acadtmie des Inscr. xxiii. p. 140 ; Caylus, 
 Recacil rf' Antiquil£s, iii. p. 331 ; v. p. 173 ; Beck- 
 mann, History of Inventions, vol. iii, p. 164. transl. ; 
 Bottiger, Sabina, i. p. 133. 152; ii. p. 145. 169 ; 
 GriechiscJien Vasengem'dhlden, iiL p. 46 ; Becker, 
 Gallus, i. p. 97 ; ii. p. 111.) 
 
 2nErP0N. [Pallium, p. 702.] 
 
 SPHAERISTE'RIUM. [Baths, p. 144 ; 
 Gymnasium, p. 463.] 
 
 24>AI'PI2I2. [Gymnasium, p. 463.] 
 
 2<J>ENAONH'TAI. [Funda.] 
 
 2<I>TPH'AATON. [Bronze, p. 166.] 
 
 24>PAri'2. [Rings, p. 824.] 
 
892 
 
 SPOLIA. 
 
 SPOLIA. 
 
 SPI'CULUM. [IIasta, p. 4(;8.] 
 SPINTER or SPINTHEH. [Armilla, p.8G.] 
 SPIRA, dim. SPIRULA (Sei vius in Viiy. Aen. 
 ii. 217), the base of a column. 
 
 This member did not exist in the Doric order of 
 Greek architecture [Column a], but was always 
 present in the Ionic and Corinthian, as well as in 
 the Attic [Atticurges], wliich may be regarded 
 as a variety of the Ionic. The term occurs fre- 
 quently in Vitruvius (iii. 3. § 2 ; 4. § 1. 5 ; 5. 
 § 1 — 4 ; iv. 1. § 7 ; V. 9. § 4. ed. Schneider) and 
 in Pliny (//. N. xxxvi. S. s. 4 ; 23. s. .56). They 
 adopted it from the writings of Greek architects, 
 whose works have perished. It is in fact the 
 Greek tcnn aireipa, which was applied to this 
 member of a column (Pollux, vii. 121) probably 
 on account of its resemblance to a coil of rope. In 
 ancient Greek inscriptions aiteipa denotes the base 
 both of Ionic and Corinthian pillars, being applied 
 to those of the temples of Minerva Polias at Athens 
 (C. 0. Muller, Mill. Pol. Sacra, p. 35. 50 ; Biickh, 
 Corp. Iiiscr. Gr. i. p. 2()1 — 280), and of Jupiter 
 at Labranda. (C. Fellows, &c. in Asia Minor, p. 
 262. 331.) 
 
 In the Tuscan and the Roman Doric the base 
 consisted of a single tonis (Festus, s. v. Spira), 
 sometimes surmounted by an astragal. In the 
 Ionic and Attic it commonly consisted of two tori 
 {torus snpi'rior and torus inferior) divided by a 
 scotiii (Tpo'xiA.os), and in the Corinthian of two 
 tori divided by two scotiae. The upper torus was 
 often fluted (pagScuToj), and sunnounted by an 
 astragal [Astragalus], as in the left-hand figure 
 of the annexed woodcut, which sliows the form of 
 the base in the Ionic or Attic temple of Panops on 
 the Ilissus. The right-hand figure in the same 
 woodcut shows the corresponding part in the tem- 
 ple of Minerva Polias at Athens. In this the 
 upper torus is wrought with a plaited ornament, 
 perhaps designed to represent a rope or cable. In 
 these two temples the spira rests not upon a plinth 
 
 (plinihus, irXivBos), but on a podium. In Ionic 
 buildings of a later date it rests on a square plinth 
 corresponding in its dimensions with the Abacus. 
 
 [J. Y.] 
 
 2ni0AMH'. [Pes, p. 747, 748.] 
 
 SPO'LIA. Four words are commonly employed 
 to denote booty tiiken in war, I'rueda, Ufanubiac, 
 Ejcuviae., Spotia. Of these, praeda bears the most 
 comprehensive meaning, being used for plunder of 
 every description. [Postllminium.] Manvhiae 
 would seem strictly to signify that portion of the 
 spoil which fell to the share of the commander-in- 
 chief (Cic. c. Hull. ii. 20 ; c. Vcrr. u. i. 5!), and 
 the note of the Pseudo-Asconius), the proceeds of 
 which were frequently applied to the erection of 
 some public building, (e. g. Cic. e. Verr. I.e.; Plin. 
 
 //. vii. 2G.) Aulus Gellius (xiii. 24), indeec 
 endeavours to prove that we must understand b 
 manutmw the money wliich the quaestor realise 
 from the sale of those objects which constitute 
 praeda, but the following passage adduced by hiui 
 self in a garbled fonn (for he omits the word 
 printed in italics), when quoted fairly is sufficien 
 to confute his views : Aurum, arycnium, e 
 praeda, ex manubiis, ex coronario, ad quoscunqu 
 pervenit." (Cic. c. iteW. ii. 22.) The term J^^.tatw 
 indicates anything stripped from the person of i 
 foe, while Spolia, properly speaking, ought to b 
 confined to annour and weapons, altliough hot! 
 words are applied loosely to trophies such as cha 
 riots, standards, beaks of ships and the like, whici 
 might be preserved and displayed. (See Doedei 
 lein, Lat. Si/n. vol. iv. p. 337 ; Ramshorn, Lat. Siju 
 p. 8()9 ; Habicht, Syri. Handwurterhuch, n. 758.) 
 
 In the heroic ages no victory was considers 
 complete unless the conquerors could succeed ii 
 stripping the bodies of the slain, the spoils thu 
 obtained being viewed (like scalps among th' 
 Nortli American Indians) as the only unquestion 
 able evidence of successful valour ; and we find ii 
 Homer that when two champions came forward ti 
 contend in single combat, the manner in which th' 
 body and arms of the vanquished were to be dis 
 posed of formed the subject of a regular compac 
 between the parties. (Hom. II. vii. 75, &c. ; xxii 
 254, &c.) Among the Romans, spoils taken ii 
 battle were considered the most honourable of al 
 distinctions ; to have twice stripped an enemy, ii 
 ancient times, entitled the soldier to promotioi 
 (Val. Max. ii. 7. § 14), and during the seconi 
 Punic war, Fabius when filling up the numerou: 
 vacancies in the senate caused by the slaughter a 
 Cannae and by other disastrous defeats, after hav 
 ing selected such as had borne some of the grea 
 ofHces of state, named those next " qui spolia e; 
 hoste fixa domi haberent, aut civicam coronan 
 accepissent." (Liv. xxiii. 23.) Spoils collected oi 
 the battle field after an engagement, or found in ; 
 captured town were employed to decorate the tem 
 pies of the gods, triumphal arches, porticoes, an( 
 other places of public resort, and sometimes in thi 
 hour of extreme need served to ann the peopli 
 (Liv. xxii. 57 ; xxiv. 21 ; x. 47 ; Val. Max. viii 
 C. § 1 ; Silius, X. 599), but those which wen 
 gained by individual prowess were considered the 
 undoubted property of the successful combatant 
 and were exhibited in the most conspicuous par 
 of his dwelhng (Polyb. vi. 39), being hung up ir 
 the atrium, suspended from tlie door-posts, or ar 
 ranged in the vestibulum, with appropriate inscrip 
 tions. (Liv. x. 7 ; xxxviii. 43 ; Cic. P/dlipp. ii. 28 
 Suet. Nero, 38; Virg. Acu. ii. 504; iii. 280 
 Tibull. i. 1. 54 ; Propert. iii. 9. 20 ; Ovid, Ar. Am 
 ii. 743; Silius, vi. 44G.) They were regarded at 
 peculiarly sacred, so that even if the house was 
 sold the new possessor was not permitted to re- 
 move them. (Plin. //. ^V. xxxv. 2.) A remarkable 
 instance of this occurred in the " rostrata domus" 
 of Pompey, which was decorated with the beaks 
 of ships captured in his war against the pirates; 
 this house passed into the hands of Antonius the 
 triumvir (Cic. Philipp. I. c), and was eventually 
 inherited by the emperor Gordiaii, in whose time 
 it appears to have still retiiined its ancient orna- 
 ments. (Capitolin. Gordian. 3.) Rut while on the 
 one hand it was uidawful to remove spoils, so it 
 was forbidden to rcjitacc or repair them when tliey 
 
SPORT UL A. 
 
 ad fallen down or become decayed through age 
 Plutarch, (juai-st. Rom. 37), the object of this 
 egiilation being doubtless to guard against the 
 rauds of false pretenders. 
 
 Of all spoils the most important were the Spnlia 
 "<)nnia, a tenn applied to those only which the 
 (iinmander-in-chief of a Roman army stripped in a 
 rill of battle from the leader of the foe. (Liv. iv. 
 '0.) Festus (s.r. Ojiiina) gives the same defini- 
 iou as Livy, but adds " M. Varro ait opima spolia 
 1 sse [etiam] si manipularis miles detraxerit dum- 
 'nodo duci hostium," a statement, if correctly 
 ;|uoted, directly at variance with the opinion 
 generally received and acted npon. Thus when 
 Crassus, in the fifth consulship of Octavianus 
 i:. r, 29), slew Peldn, king of the Bastamae, he 
 vas not considered to have gained spolia opima 
 ii'cause acting under the auspices of another (Dion 
 'ass. li. "24 ; compare Val. Max. iii. 2. § C), and 
 'lutarch [AhirccU. 8) expressly asserts that Roman 
 listory up to his own time afforded but three ex- 
 amples. The first were said to have been won by 
 .-{omulus fi-om Aero, king of the Caeninenscs, the 
 ccond by Aulas Cornelius Cossus from Lar Tolum- 
 lius king of the Veientes, the third by M. Claudius 
 vlarccllus from Viridomarus (or BpiTo/uapros as he 
 s called by Plutarch) king of the Gaesatae. In 
 II these cases, in accordance with the original 
 .nstitution, the spoils were dedicated to Jupiter' 
 '■'eretrius. The honours of spolia opima were voted 
 0 Julius Caesar during his fifth consulship (b. c. 
 4, the year of his death), but it was not even 
 iretended that he had any legitimate claim to this 
 listinction. (Dion Cass. xliv. 4.) (The question 
 vith regard to the true definition of spolia opima 
 s discussed with great learning by Perizonius, 
 'iiiimwl. Hist. c. 7.) [W. R.] 
 
 SPONDA. [Lectus, p. 5.52.] 
 SPO'NDEO. [Obligationes, p. 653.] 
 SPO'NGIA. [Painting, p. 685.] 
 SPONSA, SPONSUS. [Marriage (Roman), 
 COS.] 
 
 SPONSA'LIA. [Marriage(Roman), p. 603.] 
 SP(.»NSOR. [Intercessio, p. 520.] 
 SPO'RTULA. In the days of Roman freedom 
 lients were in the habit of testifying respect for 
 heir patron by thronging his atrium at an early 
 lour, and escorting him to places of public resort 
 vhen he went abroad. As an acknowledgment of 
 iliese courtesies some of the number were usually 
 invited to partake of the evening meal. After the 
 '?xtinction of liberty the presence of such guests, 
 ivho had now lost all political importance, was 
 ?oon regarded as an irksome restraint, while at the 
 same time many of the noble and wealthy were 
 lunwilling to sacrifice tlie pompous display of a nu- 
 merous body of retainers. Hence the practice was 
 ijitroduced under the empire of bestowing on each 
 :lient, when he presented himself for his morning 
 (Visit, a certain portion of food as a substitute and 
 compensation for the occasional invitation to a 
 regular supper (coena recta), and this dole, being 
 carried off in a little basket provided for the pur- 
 pose, received the name of sportula. Hence also it 
 is termed by Greek writers on Roman affairs 
 SeiTTvov OTo (TirvpiZos, which however mus£ not be 
 lonfounded with the hiiTrvou drro (rirupi'Soj of 
 earlier authors, which was a sort of pic-nic. ( Athen. 
 viii. c. 17.) For the sake of convenience it soon 
 became common to give an equivalent in money, 
 the sum established by general usage being a hun- 
 
 STADIUM. 893 
 
 dred quadrantes. (Juv. i. 120 ; Martial, x. 70. 75.) 
 
 Martial indeed often speaks of this as a shabby 
 pittance {centum miicl/i iiuui/niiilcs, iii. 7; compare 
 i. 60; iii. 14 ; x. 74), which, however, he did not 
 scorn himself to accept (x. 75), but at the same 
 time does not fail to sneer at an upstart who en- 
 deavoured to distinguish himself by a largess to a 
 greater amount on his birthday (x. 28). The do- 
 nation in money, however, did not entirely super- 
 sede the sportula given in kind, for we find in 
 Juvenal a lively description of a great man's vesti- 
 bule crowded with dependents, each attended by a 
 slave bearing a portaljle kitchen to receive the 
 viands and keep them hot while they were carried 
 home (iii. 249). If the sketches of the satirist 
 are not too highly coloured, we must conclude that 
 in his time great numbers of the lower orders de- 
 rived their whole sustenance and the funds for or- 
 dinary expenditure exclusively from this source, 
 while even the highborn did not scruple to increase 
 their incomes by taking advantage of the ostenta- 
 tious profusion of the rich and vain. (Juv. i. 95.) 
 A regular roll was kept at each mansion of the 
 persons, male and female, entitled to receive 
 the allowance ; the names were called over in or- 
 der, the individuals were required to appear in 
 person, and the almoner was ever on his guard to 
 frustrate the roguery of false pretenders (Juv. 1. c), 
 whence the proverb quoted by TertuUian (c. Afar- 
 cion. iii. 16), sportalam furunculus captat. The 
 raoniing, as we have seen above (Juv. i. 128), was 
 the usual period for these distributions, but they 
 were sometimes made in the afternoon. (Martial. 
 X. 70.) 
 
 Nero, imitating the custom of private persons, 
 ordained that a sportula should be substituted for 
 the public banquets {puUicae cocnae) given to the 
 people on certain high solemnities ; but this unpo- 
 pular regulation was repealed by Domitian. (Suet. 
 Ner. 16 ; Dom. 7; Martial, viii. 50.) 
 
 When the Emperor Claudius on one occasion 
 resolved unexpectedly to entertain the populace 
 with some games which were to last for a short 
 time only, he styled the exhibition a spcMula, and 
 in the age of the younger Pliny the word was 
 commonly employed to signify a gratuity, gift, or 
 emolument of any description. (Plin. Ej>. ii. 14; 
 X. 118.) 
 
 (Compare a dissertation on the Sportula by 
 Buttmann in the Kritisclie BiUivthek for 1821 ; see 
 also Becker, (lallus, i. p. 147.) [W. R.] 
 
 STABULA'RIUS. [Recepta Actio.] 
 STA'DIUM (d o-To5io5 and to araSiov), 1. A 
 Greek measure of length, and the chief one used 
 for itinerary distances. It was adopted by the 
 Romans also chiefly for nautical and astronomical 
 measurements. It was equal to 600 Greek or 
 625 Roman feet, or to 125 Roman paces ; and the 
 Roman mile contained 8 stadia. (Herod, ii. 149 ; 
 Plin. H. N. ii. 23, s. 21 ; Columell. R. R. v. 1 ; 
 Strabo, vii. p. 497.) Hence the stadium contained 
 606 feet 9 inches English. [Pes.] This standard 
 prevailed throughout Greece, under the name of 
 the Olympic stadium, so called because it was the 
 exact length of the stadiimi or foot-race course at 
 Olympia, measured between the pillars at the two 
 extremities of the course. The first use of the 
 measure seems to be contemporaneous with the 
 fonnation of the stadium at Olympia when the 
 Olympic games were revived by Iphitus (b. c. 884 
 or 828). This distance doubled formed the 5i'au\os, 
 
894 
 
 STADIUM. 
 
 the tTTTTiKov was 4 stadia, and the S6\ixos is diffe- 
 rently stated at 6, 7, 8. 12. 20, and 24 stiulia. 
 
 It has been supposed by some authors that there 
 were other stadia in use in Greece besides the 
 Olympic. The most ancient writers never either 
 say or hint at such a thing : but when we compare 
 the distances between places, as stated by them in 
 stadia, with the real distances, they are found 
 almost invariably too great if estimated by the 
 Olympic stadium, never too small. Hence the 
 conclusion has been drawn, that the Greeks used 
 for itinerary measurements a stade much smaller 
 than the Olympic. Major RenneU, who analyses 
 several of these statements, gives 50,5-j feet for the 
 value of the itinerary stade. {Gcoc/rap/ii/ of Hero- 
 dotus, sec. 2.) It is, however, scarcely credible 
 that these authors, some of whom expressly inform 
 us that the stade contained 600 feet, should reckon 
 distances by another stade, without giving any in- 
 timation of the fact ; especially as they usually 
 warn their readers when they speak of measures 
 differing from the common standard. (Herod, ii. 3. 
 17. 89. 95 ; PKn. //. N. vi. 30.) The real cause of 
 the excess in the itinerary distances of the Greeks 
 is explained by Ukert in a way which seems deci- 
 sive of the question. {Gcog. der Griech. und Burner, 
 I. ii. p. 56, &c. ; and Ueber die Art der Gr. und 
 Rom. die Entfernung zer bestimmen.) The most 
 ancient mode of reckoning distances among the 
 Greeks, as among most other nations, was by tlie 
 number of days required to perform the journey. 
 When the stadium was brought into use, the dis- 
 tances were still computed by days' journeys, but 
 transferred into stadia by reckoning a certain num- 
 ber of stadia to a day's journey. (Herod, iv. 85. 
 86.) It is evident that nearly aU the distances 
 given by the ancient Greek writers were computed, 
 not measured. The uncertainties attending this 
 mode of computation are obvious, and it is equally 
 obvious that, as a general rule, the results would 
 be above the truth. At sea the calculation was 
 made according to the number of stadia which 
 could be sailed over in a day by a good ship, in 
 good order, and with a fair wind. Any failure in 
 these conditions (and some such there must always 
 have been) would increase the number of days' 
 sail, and therefore the calculated distance when re- 
 duced to stadia. Similarly by land a day's journey 
 was reckoned equal to the number of stadia which 
 a good traveller (dt^p fv^oivos) could perform in a 
 day, which for obvious reasons would generally 
 exceed the space passed over under ordinary cir- 
 cumstances. Even the Greeks themselves are not 
 agreed as to the number of stadia in a day's jour- 
 ney. Herodotus (iv. 86) gives 700 stadia for the 
 voyage of a sailing ship by day, 600 by night. 
 Most commonly 1000 stadia were reckoned as a 
 24 hours' voyage, but under unfavourable circum- 
 stances scarcely 500 were performed. (Mar. Tyn. 
 ap. Ptolem. Geog. i. 17.) Allowance must also be 
 made for the windings of the coast, the difficulties 
 of the navigation, the currents of the sea, the skil- 
 fulness of the seamen, and other circumstances. 
 
 A day's journey by land was reckoned at 200 
 or 180 stadia (Herod, iv. 101 ; Pausan. x. 33; 
 Ptol. i. 9), or for an army 150 stadia. (Herod, v. 
 63 — 4.) And here also delays would often occur. 
 The ancients themselves differ widely in their ac- 
 counts of distances, not only as compared with the 
 true distances, but with one another, a fact which 
 the theory of a separate itinerary stade cannot ac- 
 
 STADIUM. 
 
 count for, but which is a natural result of thei' 
 mode of reckoning, as explained above. 
 
 The following testimonies are advanced in sup 
 port of the view of different stadia. Censoiinus 
 who lived in the time of Alexander Sevenis, afte: 
 speaking of the astronomical measurements o 
 Eratosthenes and Pythagoras, says that by th( 
 stadiimi used in them we must understand " the 
 stadium which is called Italic, of 625 feet, foi 
 there are others besides this, of different lengths, 
 as the Olympic, which consists of 600 feet, ano 
 the Pythian, of 1000." {De Die Natcdi, c. 13.; 
 This passage is evidently a complication of blun- 
 ders. The " Italic stadium," imknown elsewhere, 
 is manifestly the same as the Olympic, but reckon- 
 ed in Roman feet, of which it contained 625. The 
 " Olympic of 600 feet" is the same in Greek feet 
 The value given for the Pythian stadium is clearly 
 wrong, for the Olympic race-course was the longest 
 in Greece (as appears from the passage of Gelliui 
 quoted below), and besides Censorinus obviously 
 confounds the race-courses named stadia with tht 
 measure of the same name ; for it is not disputed 
 that the former were of different lengths, though 
 the latter never varied. 
 
 Aulus Gellius (i. 1 ) quotes from Plutarch to the 
 effect that Hercules measured out the stadiimi at 
 Olympia with his own feet, making it 600 feel 
 long ; and that when afterwards other stadia were 
 established in Greece, containing the same numbei 
 of feet, these were shorter than the Olympic in the 
 proportion by which the foot of Hercules exceeded 
 that of other men. But whatever there is of fact 
 in this story obviously refers to the courses them- 
 selves, not the measure, for what he speaks of is 
 " curriculum stadii." The statement that the other 
 stadia besides the Olympic were originally 600 
 feet long, is probably a conjecture of Plutarch's. 
 
 Attempts have been made, especially by Rome 
 de risle and Gosselin, to prove the existence and 
 to determine the lengths of different stadia from 
 the different lengths assigned by ancient writers to 
 a great circle of the earth. But surely it is far 
 more reasonable to take these different values as a 
 proof (among others) that the ancients did not 
 know the real length of a great circle, than, first 
 assiuning that they had such knowledge, to explain 
 them as referring to different standards. 
 
 On the whole, therefore, there seems no reason 
 to suppose that different stadia existed before the 
 third century of the Christian aera. 
 
 From this period, however, we do find varieties 
 of the stade, the chief of which are those of 7 and 
 7 2 to the Roman mile. (Wurm, de Pond. &c. 
 §58.) 
 
 The following table of supposed varieties of the 
 
 Inches. 
 
 2-26992 
 
 6 
 
 Stade assigned to Aristo- l 
 
 tie's measurement of , 
 
 the earth's surface 
 Mean geographical stade " 
 
 computed by Major 
 
 Rennell 
 Olympic Stade 
 Stade of 7^ to the Ro- } 
 
 man mile S 
 Stade of 7 to the Roman \ 
 
 mile S 
 
 2. It has been mentioned above that the Olym- 
 pic foot race-course was called a stadium, and the 
 
 1 Yards. 
 
 Feci. 
 
 1 
 
 I 109 
 
 1 
 
 1 
 
 1 
 
 168 
 
 1 
 
 1 
 
 202 
 
 0 
 
 215 
 
 2 
 
 231 
 
 0 
 
 2-4 
 
 5-124 
 
STADIUM. 
 
 STADIUM. 
 
 895 
 
 me name was used througliniit Greece wherever 
 mes were celebrated. It was originally intended 
 r the foot-race, but the other contests whicli were 
 ded to the games from time to time [Oi,ympic 
 AMBS] were also exhibited in the Stadium, ex- 
 pt the horse-races, for which a place was set 
 art, of a similar fonn with the stadium, but 
 ■ger: this was called the Hippodrome (I'wTrd- 
 o/ios). 
 
 The stadium was an oblong area terminated at 
 e end by a straight line, at the other by a serai- 
 :cle having the breadth of the stadium for its 
 le. Round this are* were ranges of seats rising 
 lOve one another in steps. 
 
 It was constructed in three different ways, ac- 
 rding to the nature of the ground. The simplest 
 mi was that in which a place could be found 
 liich had by nature the required shape, as at 
 inilicea. Most commonly, however, a position 
 11 ihosen on the side of a hill, and the stadium 
 
 II tni ined on one side by the natural slope, on 
 f "ther by a mound of earth (77)5 x^l^)-, as at 
 Ivmpia, Thebes, and Epidaurus. (Pausan. ii. 27. 
 ii ; vi. 20. § 5, (i ; ix. 23. § 1.) Sometimes, bow- 
 er, the stadium was on level ground, and mounds 
 
 cartli were cast up round it to form scats, and 
 M ird with stone or marble. We have two cele- 
 ati il examples of this construction in the P^-thian 
 adium at Delphi and the Panathenaic at Athens. 
 '10 former was originally constructed of Parnas- 
 
 III stone, and afterwards covered with Pentelic 
 niilc by Herodes Atticus (Paus. x. 32. § 1), who 
 ''inii<d in the same manner the stadium at Athens, 
 iiii li had been originally constructed on the banks 
 
 till' Ilissus by the orator Lycurgus. The mar- 
 r covering, which took four years to c(miplete, 
 IS iKiw disappeared, but the area is still left with 
 nil' ruins of the masonry. (Paus. i. 19. §7; 
 
 ikr's Tcypopraphy of Athens.) 
 
 I he stadium sometimes formed a part of the 
 iiMings of the gjTnnasimn [Gymnasii'm], at 
 lirr times it was placed in its neighbourhood, and 
 ii ii, as at Athens, stood entirely by itself. That 
 
 I llyrapia was in the sacred grove called Altis. 
 
 The size of the Stadium varied both in length 
 id breadth. The general length was, as above 
 
 ited, the geographical stadium of COO Greek 
 
 ■t. This was not, however, the total length, but 
 
 ly the distance between the pillars at the two 
 hIs, and it was exclusive of the semicircular end 
 
 the area. 
 
 Tlie accounts left by ancient writers of the ar- 
 ngcnient of the parts of the stadiiun are scanty. 
 It from a comparison of them with existing re- 
 aiiis of stadia we may collect the following parti- 
 
 At one end a straight wall shut in the area, and 
 re were the entrances, the starting place for the 
 niieis, and (at Olympia) an altar of Endymion. 
 t the other end, at or near the centre of the se- 
 ieiixle, and at the distance of a stadium from the 
 ai'tiiig-place, was the goal, which was the termi- 
 itiiin of the simple foot-race, the runners in which 
 ere called (TTaSio5p(i^ot : the race itself is called 
 oSiof and Sp6fios. In the SlavXos SpSfnos the 
 eels turned round this and came back to the 
 iirting-place. The starting-place and goal had 
 irious names. The former was called a<peaLs, 
 ^(m/iij, uo-ttAi)^, and j3a\gis : the latter ripiJ.a, 
 p, Tf\os, KajxTrTTip and viiraa. The term 
 w/i/u^ is explained as the line along which the 
 
 racers were placed before starting ; uo-irAij^, which 
 means the lash of a u-hip, is supposed to have been 
 a cord which was stretched in front of the racers 
 to restrain their impatience, and which was let fall 
 when the signal was given to start ; the name 
 Ka/iTTTrip was applied to the goal because the run- 
 ners in the SiauKos and S6\ixot turned round it to 
 complete their course. These terms are often ap- 
 plied inditi'erently to the starting-place and the 
 goid ; probably because the starting-place was also 
 the end of all races, except the simple (rrdSwv. 
 The starting-place and goal were each marked liy 
 a square pillar (o-TTjAai, Kwvei KvSoiiSfIs), and half 
 way between these was a tliird. On the first was 
 inscribed the word dpiiTTtve, on the second ffirevSe, 
 on the third Kdfi\l/ov. The So\ixoSp6fioi turned 
 round both the extreme pillars till they had com- 
 pleted the number of stadia of which their course 
 consisted. (Schol. ad Soph. Elcctr. 691.) 
 
 The semicircular end of the area, which was 
 called <T(p€ySovi^, and was not used in the races, 
 was probably devoted to the other athletic sports. 
 This acpevSov/i is still clearly seen in the Ephesian 
 and Messenian stadia, in the latter of which it is 
 surrounded by 1 (i rows of seats. The area of the 
 stadium was surrounded by the seats for spectators, 
 which were separated from it by a low wall or po- 
 dium. 
 
896 
 
 STATER. 
 
 STATER. 
 
 Opposite to the goal on one side of the stadium 
 were the seats of the Hellanodicae, for wlunu lliere 
 was a secret entrance into the stiidium (kputttt; 
 e(ToSos), and on the other side was an altar of 
 white marble, on which the priestesses of Demeter 
 ChamjTie sat to view the games. The area was 
 generally adorned with altars and statues. 
 
 Such was the general form and arrangement of 
 the Greek stadium. After the Roman conquest of 
 Greece the fonn of the stadium was often modified 
 so as to resemble the amphitheatre by making both 
 its ends semicircular, and by surrounding it with 
 seats supported by vaulted masonry, as in the 
 Roman amphitheatre. The Ephesian stadium still 
 has such seats round a portion of it. A restoration 
 of this stadium is given in the preceding woodcut, 
 copied from Krause. 
 
 A is the boundary wall at the Aphesis, 77 feet 
 deep, B C the sides, and D the semicircular end, 
 of the same depth as A ; F F the area, including 
 the a'<pei>ScjVT^ : // h pieces of masonry jutting out into 
 the area ; c e the entrances ; from o to p is the 
 length of an Olympic stadium ; from rj — z the 
 range of amphitheatrical seats mentioned above. 
 
 (Krause, Die Gyimmslik und Af/m/istik ilcr Hel- 
 Inicn, p. 131. § 14; MiiUer's .^rc/iiio/. der Kunst, 
 §290 ; Olvmpic Games.) [P. S.] 
 
 STALA'GMIA. [Inaiiris, p. 511.] 
 
 STATER ((TTOTrjp), which means simply a 
 standard (in this case both of weight and more par- 
 ticularly of money), was the name of the principal 
 gold coin of Greece, which was also called Chrysus 
 (xpfcowj). The general subject of Greek gold 
 money has been discussed under Aurum, where 
 it is stated that the Greeks obtained their principal 
 supply of gold from Asia. To the same quarter 
 we must look for the origin of their gold money. 
 The Daricus, which came to them from Persia, has 
 been already treated of. [Daricus.] The stater 
 is said to have been first coined in L3'dia by 
 Croesus. To this country, indeed, one tradition 
 ascribes the origin both of gold and silver money 
 (Herod, i. ,04) ; but be this as it may, the stater of 
 Croesus was the first gold coinage with which the 
 Greeks were acquainted. (Herod, i. 84 ; Pollux, 
 iii. 87 ; ix. 84.) Bijckh (^Mctroloy. Untcrstich. p. 
 129) asserts that these staters were undoubtedly 
 fomed of the pale gold or electrum which was 
 washed down from Tmolus by the Pactolus, and 
 which Sophocles speaks of as Sardian electrum. 
 {Antip. 1037.) Electmm, according to Pliny 
 (xxxiii. 23) was gold containing a mixture of 
 ;^th part of silver. There is, in the Hunterian 
 collection (Plate 66. fig. 1), a very ancient coin of 
 this pale gold, of an oval baU-like shape, impressed 
 with the figure of a man kneeling, holding a fish in 
 his left hand, and in his right a knife hanging 
 do\vn, which Pinkerton takes for a coin of Croesus, 
 but respecting which nothing more can be said 
 with safety than that it is a very ancient specimen 
 of Asiatic money. Its weight is 248-i English 
 grains, or about that of the Attic tetradraclim, 
 which was twice the weight of the stater. This, 
 therefore would be a double stater. (Bbckh, /. c.) At 
 all events, in the absence of certain specimens of 
 the Lydian stater and of any express statement of 
 its value, we may suppose from the very silence of 
 the Greek writers, that it did not differ materially 
 from the stater which was afterwards current in 
 Greece ; and which was equal in weiyht to tivo 
 drachmae, and in value to twoili). (Hesych. s. v. 
 
 Xpvaovs : Pollux, 
 
 iv. 173 ; Harpocration, s. 
 
 Macedonian Stater. British Museum. 
 
 The following were the principal Greek stater 
 1. The Attic st;iter, which has been spoken of u 
 der Aurum. The weights of the coins there me 
 tioned are 132-3, 132-7, 132-6, and 132-75 graii 
 the average of which is 132-5875 grains, \vhi( 
 only falls short of the weight of the Attic didrai 
 by a little more than half a grain. [Drachma 
 The gold of the Attic coins is remarkably pm-e. 
 
 2. The stater of Cyzieus was common in Greec 
 especially at Athens. We learn from Demosthen 
 (in. Phorm. p. 914) that at a particular period I 
 little after u. c. 335) this stater passed on the Be 
 porus for 28 Attic drachmae, which, by a compai 
 son with the then value of the daricus [Daricus 
 would give for its weight about 180 grains. S 
 veral Cyzicene staters exist, but none of the 
 come up to this weight. Hence we may conclu( 
 that the price of gold on the Bosporus was at th 
 time unusually high. Some of the existing coi 
 give 160 grains, and others not more than 120 f 
 the weight of the Cyzicene stater, so that the el 
 ment of this coinage seems to have been a piece 
 40 grains. Its value, calculated from the numb 
 of drachmae it passed for, would be 1 /. 2s. dd. 
 
 3. The Stater of Lampsacus is mentioned in ; 
 Attic inscription of u. c. 434. Several gold coi; 
 of Lampsacus are extant ; they may be known 1 
 the impression of a sea-horse upon them. The 
 are two in the British Museum of the weight 
 about 129 grains, which is just that of the darici 
 The weights of the Lampsacene staters are ve 
 unequal ; and both Lampsacus and Cyzieus appe 
 to have had gold coins which wore multiples 
 different standards. 
 
 4. The stater of Phocaea is mentioned by Th 
 C)-dides (iv. 52) and Demosthenes (wi Dueot. 
 1019) as in circulation in their times. Sesti 
 gives several of these, the largest of which, stampi 
 with a weighs 255-42 English grains. This i( 
 double stater, giving a single one of 127-71 graii 
 or 5 grains less than the Attic, and seems to foUr 
 the standard of the daricus. Most of the olhf 
 are thirds of the stater, and of a lighter comparati 
 weight. There was also at Athens a Phocaea 
 coin called t/crr; (Bockh, ferny). 150), which m, 
 have been either the sixth of the stater, or (J 
 Hussey conjectures) of the mina. Hesychius (s. 
 e'/CTjj) mentions the %ktt], rpirr;, and TeTapr?;, 
 coins of gold or silver or copper. There was a g(j 
 coin (of what state we are not told) called rj^u'eKTt 
 which was worth eight silver obols. (Crates, a 
 Poll. ix. 62, and Meinecke, Frag. Cumic. ii. p. 24 1 
 This stood in the same relation to the stater as t 
 obol to the didrachm, namely one-twelfth, and w 
 therefore probably equal to the obol in weight. 1 
 low value (giving the proportional worth of gold 
 silver as only 8 to 1 ) may be accounted for l)y su 
 posing that it was, like the Phocaean coins, of a lig 
 standard, or that the gold in it was not very pui 
 
STATI DIES. 
 
 STATUARY. 
 
 897 
 
 i>. The stater of Macedonia was coined by Phi- 
 ip II. and Alexander the Great after the st;mdard 
 f the Attic didrachm, and of very fine ^old. Un- 
 rr those princes it came into general circulation in 
 I'li i cc and throughout the Macedonian empire, 
 ill' extiint specimens of this coinage are very nu- 
 K'l'nus. 
 
 Mr. Hussey gives the following report of an assay 
 
 i liich was made for him of a stater of Alexander. 
 
 Gold II oz. 9 dwts. (i grs. 
 Silver „ „ IB „ 
 Alloy 0 
 he silver is an accidental admixture, or, if known 
 II lie present, was not allowed for, so that this 
 "in may be reckoned at 133 grains of fine gold. 
 Mil' sovereign, after deducting the alloy, contains 
 i •!i2 grains of fine gold. Therefore the Macedo- 
 133 
 
 lan stater = ^ ^ ^ ^ of the English sovereign, or 
 
 /■ 3s. OV. O'b'72 farthing. The average is however 
 ! little below this stater, but not more so than is 
 I ue to wear. The stater of Philip was very re- 
 lently current in Greece at the value of about 25 
 •hillings. This standard was preserved, or ver\' 
 
 I'.irly so, under the later Macedonian kings, and 
 
 l as adopted by other states, as Epirus, Aetolia, 
 
 \i iiiKuiia, and Syracuse, 
 i ii'sides the staters noticed above, most of the 
 
 Ill' s of Ionia had gold coins, but their value is 
 liiubtful. There are specimens in existence 
 I 'hios, Teos, Colophon, Smyrna, Ephesus, and 
 
 any other places. Samos, Siphnus, Thasos, the 
 ■ireek cities of Sicily, and Cyrene had gold money 
 
 t an early period. 
 I'lillux mentions a Corinthian stater as used in 
 
 ■u ily which he calls Se(caA(Tpos (naritp. and makes 
 
 i|nal to 10 Aeginetan obols. (Pollux, iv. 174 ; ix. 
 
 !•'.) The explanation of this statement is very 
 litficult, and depends in a great measure on the 
 :lisputed question whether the Corinthian money 
 
 ■lliuved the Attic or the Aeginetan standard. 
 
 ( iinijiare Hussey, c. iv. s. 2. with Bockh, Metroloy. 
 
 'iih i-fiu-li. vii. fi. ) 
 In calculating the value of the stater in our mo- 
 
 ii y the ratio of gold to silver must not be over- 
 I'lki'd. Thus the stater of Alexander, which we 
 avr valued, accordhig to the present worth of 
 ■I'lil, at \l. 3n. ()(/., passed for twenty drachmae, 
 > liicli, according to the presei\t value of silver, were 
 Mil til only IGs. 3(/. IJut the former is the true 
 VI 11 til of the stater, the difference arising from the 
 H ater value of silver in ancient times than now. 
 
 A lUlE.S'TUM.] 
 
 r Besides the stater itself, there were, as appears 
 rora the above remarks, double staters, and the 
 sialves {-fiiuxpvaovs, 7;MiTTaTr)p€s), quarters, thii'ds, 
 •ixths, and twelfths of the stater. The coins of 1 
 he last four denominations are, however, much less 
 ■ommon than the single, double, and half staters, j 
 
 The term (ttot-^P, in later times, was applied to 
 he silver tetradrachm, but whether it was so used 
 n the flourishing times of Athens is doubtful. 
 Drachma.] 
 
 It was also used in reference to weight, appa- 
 ■ently like the Hebrew sliekel and the Latin ;<o7«/o, 
 n a general sense. The Mina (Pollux, ix. (j) and 
 he Sicilian Litra (Pollux, iv. 24), are both called 
 itater. 
 
 {Sestini, degli Statcri A ntkhi; Hussey; Warm; 
 Jiickh.) [P. S.] 
 
 STATI DIES. [Dibs, p. 340.] 
 
 STATIO'NES. [Castra, p. 205.] 
 
 STATIO'NES FISCI. The Fiscus was di- 
 vided into viirious departments, called Slalio/tes, 
 according to the different revenues belonging to it. 
 (Cod. 4. tit. 31. s. 1 ; 10. tit. 5. s. 1.) Thus we 
 I read of a Statio XX. liereditatitim (Orelli, Inscr, 
 I n. 3332), a Sialio Ilereditatiiim (Orelli, n. 3207 ; 
 ' Gruter, p. 451, n. 3) ; a Statio Annonae. (Orelli, 
 n. 4107. 4420.) See Walter, Gescli. des Jiom. 
 Hcc/its, p. 350. 
 
 STAIIO'NES MUNICIPIO'RUM, mention- 
 ed by Pliny {II. N. xvi. 44. s. 80), are supposed 
 by Niebuhr {Hint, of /{uiiie, ii. p. 58. note IKi) to 
 be places by the side of the Comitium allotted to 
 municipals, that they might hear the debates, like 
 privileged seats in the hall of a parliamentiiry as- 
 sembly. The Grcu'costasis mentioned by Cicero 
 {ad Quint, ii. 1) and Varro {L. L. v. 155. ed 
 MUUer) was a similar place, as Niebulrr remarks, 
 on the right of the Comitium, allotted to the Greeks 
 from the allied states for the same purpose. 
 
 STATOR, a public servant, who attended on 
 the Roman magistrates in the provinces. The 
 Statores seem to have derived their name from 
 standing by the side of the magistrate, and thus 
 being at hand to execute all his commands ; they 
 appear to have been chiefly employed in carrying- 
 letters and messages. (Cic. ad Fam. ii. 17. 19; 
 X. 21 ; Dig. 4. tit. 6. s. 10.) Alexander Sevenis 
 forbade the use of statores in the provinces, and 
 commanded that their duties should be discharged 
 by soldiers. (Dig. 4. tit. 6. s. 10 ; Lamprid. Jdex. 
 Sev. 52.) 
 
 STATU LIBER. [Manumissio, p. 595.] 
 STATUARY {siatuaria ars) is in its proper 
 senSe the art of making statues or busts, whether 
 they consist of stone or metal, and includes the art 
 of making the various kinds of reliefs (alto, basso, 
 and mezzo relievo). The ancients accustomed to 
 trace all their arts and sciences to a single person, 
 who was generally believed to have been led to 
 his discovery by some accidental circumstance, re- 
 late several stories to account for the origin and 
 discovery of the arts of painting and statuary. 
 (Plin. //. A'^ xxxv. 5 and 43; compare Quintil. x. 
 2. § 7.) But arts such as these cannot, like those 
 which are the necessary result of particular local 
 circumstances, or are in their origin of a complicated 
 nature, be assigned to any particular nation or to 
 any particidar individual : they spring up naturally 
 in all countries, and take their origin alike every- 
 where in the imitative faculty of man. It is, 
 therefore, idle talk when modern writers gravely 
 repeat the stories about the invention of sculpture 
 or painting, or assign the invention of either of 
 them to the Egyptians or any other nation. These 
 arts in their infant state existed among the Greeks 
 from time immemorial, and if there are any resem- 
 blances between the earliest works of Grecian art 
 and those of Egypt, we have still no right to infer 
 that the Greeks leanit them from the Egyptians, 
 and we might as well assert that the Greeks leamt 
 their arts from the Gauls or from the Siamese, for 
 the works of these nations too resemble those of 
 early Greece. An art in its primitive state mani- 
 fests itself nearly in the same manner in all parts 
 of the world. But what is of real interest, is to 
 know the causes through which statuary, or to use 
 a more common but less appropriate term, sculpture, 
 became so pre-eminently tlie art of the Greeks, that 
 down to this day no other nation has produced ai- 
 
 3 M 
 
898 
 
 STATUARY. 
 
 STATUARY. 
 
 tists that can compete with tliein, and that all look 
 upon the Greeks as the great masters and models 
 for all ages. Winckelniann has pointed o'ut three 
 great causes, viz. their innate genius, their religion, 
 and their social and political institutions ; and these 
 tliree points, if accurately examined, will certainly 
 1)6 found to have singularly co-operated in making 
 the Greek artists what they were. There is another 
 point connected with the origin of Grecian sculpture 
 which appears to have led some modem writers to 
 form erroneous opinions. The pecujiar form of the 
 Herniae [Hkiimae] has given rise to the belief 
 that in the earliest statues the head only (bust) 
 was represented, and that the remaining part of the 
 body was expressed by a simple pillar or block. 
 This view is coiitrarj' to nature as well as to his- 
 torj', for neither a nation nor a child (which in this 
 case may be fairly taken as a representative of a 
 nation in its infancy), when they begin to exercise 
 their imitative faculty, will rest satisfied with 
 fonning the mere head of a human being, but en- 
 deavour to produce the whole as well as tliey can. 
 We may add, that no other nation presents such 
 a phenomenon in the earliest history of its arts. 
 The Hermae, therefore, cannot have arisen from an 
 incapability of forming a whole human figure. They 
 appear rather to point to the time when the Greeks 
 began to represent their gods in a human fonn. To 
 give to a god the entire form of a man would have 
 been irreverent, whereas the head was necessary 
 and at the same time sufficient to represent him as 
 a distinct individual being and endowed with 
 spiritual and thinking powers. The process of 
 humanizing the gods must have been preceded by 
 the custom of representing them in unnatural 
 forms, or such as were partly human and partly 
 animal. The earliest images of the gods were pure 
 images (not the gods tliemselves), and intended to 
 express some thought or idea: now as the natural 
 figure of man is only expressive of itself, the 
 significant parts of two or more beings were put 
 together to express the idea which men had formed 
 of their gods. Such monstrous figures were re- 
 tained as representations of some gods down to the 
 latest times. As instances of this we may men- 
 tion Glaucus with the tail of a fish (I'hilostr. Icuu. 
 ii. 15), the Arcadian Pan with goat's feet (Hirt. 
 Mi/ihfiL nUdvi-h. ii. p. Kil, &c.), and the Demeter 
 of Phigalia with the head and mane of a horse. 
 (Pans. viii. 4"2. § 'A.) Homer's silence on such 
 compound representations of the gods is no proof 
 tiiat they did not exist in early times. 
 
 Before proceeding to consider statuary in its 
 several stages of developenient, it is necessiiry to 
 make a few preliminary remarks respecting the 
 materials used by the Greeks in this art. On the 
 whole it nuiy be said that there is no material 
 applicable to statuary which was not used by 
 the (ireeks. As mift clai/ is capable of being 
 siiajied without difficulty into any form, and is 
 easily dried either hy being exposed to the sun or 
 by being baked, we may consider this substance to 
 have l)een the earliest material of which figures 
 were made. We have a trace of this in the story, 
 that Zeus in his anger at Prometheus having stolen 
 the fire, ordered Hephaestus to form Pandora of 
 earth moistened with tears. (Hesiod. T/uot/im. 
 .571, &c.; Stob. Scnii. 1.) The name plastic art 
 (jj irAaaTiKT}), by which the ancients sometimes 
 designate the art of sUituary, projierly signifies to 
 form or shape a thing of clay. But notwithstand- 
 
 ing the great facility of making figures of cla 
 they are not often mentioned in the early ages 
 Greece, while in Italy the Dii fictiles {Trr\\iv 
 dfoi) were very common from the earliest time 
 Clay figures, however, never fell into disuse e 
 tirely, and in later times we find not only statu 
 of clay, but the pediments in small or rural tempi 
 frequently contained the most beautiful reliefs 
 clay, which were copies of the marble reliefs 
 larger temples. When Pliny (//. A'', xxxv. 4 
 speaks of Rhoecus and Theodorus of Samos as t 
 inventors of the pladicc, he seems to labour und 
 a mistake and to confound the art of working 
 clay with that of working in metal, as in lat 
 times the latter of these two arts was common 
 called plastice. Some ancient figures of clay i 
 still preserved. 
 
 The second material was jvood, and figures ma 
 of wood were called ^6ava, from ^4o>, " polish" 
 " carve." Various kinds of wood were used 
 statuary ; we find mention of oak, cedar, cypre 
 sycamore, pine, fig, box, and ebony. It was chie 
 used for making images of the gods, and probal 
 more on account of tlie facility of working in 
 than for any other reason. It should, however, 
 remarked, that particular kinds of wood were u; 
 to make the images of particular deities : thus 1 
 statues of Dionysus, the god of figs, were made 
 fig-wood. The use of wood for statues of 1 
 gods continued to the latest times ; but statues 
 men, as, for example, some of the victors in i 
 public games, were likewise made of wood al 
 time when the Greeks were suflBciently acquaini 
 with the art of working in stone and metil. 
 
 Stone was little used in statuary during ' 
 early ages of Greece, though it was not altoget 
 unknown, as we may infer from the relief on 
 Lion-gate of Mycenae. In Italy, where the s 
 pepcrino afforded an easy material for worki 
 stone appears to have been used at an ear 
 period and more commonly than in Greece. Bui 
 the historical times the Greeks used all the princi 
 varieties of marble for their stiitues ; the most 
 lebrated kinds of which were the marbles of Pa 
 and of mount Pentelicus, both of which were o 
 white colour. Diiferent kinds of marble and 
 ditterent colours were sometimes used in one ; 
 the same statue, in which case the work is cal 
 Polylithic statuary. 
 
 Brunzc (xa'^Kos, «<■>), silver, and (/old were u 
 profusely in the state of society described in 
 Homeric poems, which is a sufficient proof t 
 works of art in these metids were not altoget 
 unknown in those times. Iron came into 
 much later, and the art of casting iron is ascri 
 to Rhoecus and to Theodorus of Samos. (Paut 
 38. §3.) [Bronzk.] 
 
 Ivoiy canu" into use at a later period than 
 of the before-mentioned materitds, and then 
 highly valued both fi)r its beauty and rarity, 
 its api)lication to statuary ivory was gener 
 combined with gold, and was used for the parts 
 presenting the fiesh. Winckelmami has calcul: 
 that about one hundred statues of this kind 
 mentioned by the ancients. 
 
 The history of ancient art and of statuary 
 particular may be divided into five periods. 
 
 I. First Perijd, from the earliest liiiu's till « 
 OL 50, or .580 u. v. 
 The real history of the arts is preceded b 
 
STATUARY. 
 
 STATUARY. 
 
 fJ99 
 
 ■liocl of a purely mythical character, which tradi- 
 111 has peopled with divine artists and most ex- 
 iiirclinary productions. Three kinds of artists, 
 ivi'ver, may be distinguished in this mythical 
 
 I i"d : the first consists of gods and daemons, such 
 Athena, Hephaestus, the Phrygian or Dardanian 
 
 II tyli, and the Cabiri. The second contains 
 imk- tribes of men distinguished from others by 
 
 mysterious possession of superior skill in the 
 ai tice of the arts, sucli as the Telchines and the 
 i cian Cyclopes. The third consists of individuals 
 lio are indeed described as human beings, but yet 
 e nothing more than personifications of particular 
 anclies of art, or the representatives of families 
 artists. Of the latter the most celebrated is 
 iinla/us, whose name indicates nothing but a 
 litli, or an artist in general, and who is himself 
 mythical ancestor of a numerous family of 
 lists {Daedalids), which can be traced from the 
 ■lie of Homer to that of Plato, for even Socrates 
 said to have been a descendant of this family, 
 r mis believed to be an Athenian, but Crete 
 , so claimed the honour of being his native coun- 
 y. The stories respecting him are sometimes 
 jore like allegorical accounts of the progress of 
 e arts than anything else. He was principally 
 nowned in antiquity for his lo'ara, and several 
 irts of Greece, as Boeotia, Attica, Crete, and 
 en Libya in later times, were believed to possess 
 lecimens of his workmanship. (Paus. vii. 5 ; 
 . 40. § 2 ; i. 18. § 5 ; Scylax, p. 53. ed. Huds.) 
 umerous inventions also, especially of instru- 
 ments used in carving wood, are ascribed to him. 
 e is said to have made his statues walking, 
 jhich appears to mean that before his time hmnan 
 (,'ures were represented with their legs close to- 
 lither, and that in his statues the legs were sepa- 
 ,ted, which was at once a great step forward, as it 
 aparted greater life and activity to a figure. 
 milis (from ajxiK-r), a carving-knife) exercised his 
 •t in Samos, Aegina, and other places, and some 
 markable works were attributed to him. (MuUer, 
 ^ei/itid. p. 97.) Eiidoeus of Athens is called a 
 |isciple of Daedalus. Various works were attri- 
 :uted to him by the ancients. One among 
 lem was a colossal ^6avov of Athena Polias 
 1 a temple at Erythrae in Ionia. She was re- 
 resented sitting upon a dpovos, holding a spindle 
 1 her hand, and with a ttSAhs on her head. Pau- 
 anias (vii. 5. § 4) saw this ^oavov himself. 
 
 According to the popular traditions of Greece, 
 bere was no period in which the gods were not 
 spresented in some form or other, and there is no 
 oubt tliat for a long time there existed no other 
 tatues in Greece, than those of the gods ; a round 
 tatue of a man appears for a long time to have 
 leen a thing unheard of in Greece. The earliest 
 epresentations of the gods, however, were by no 
 aeans regarded as the gods themselves or even as 
 aiages of them, but only as symbols of their pre- 
 ence ; and as the imagination of a pious primitive 
 ge does not require much to be reminded of the 
 resence of the deity, the simplest symbols were 
 ometimes sufiicient to produce this effect. Hence 
 'e find that in many places the presence of a god 
 'as indicated by the simplest and most shape- 
 ;ss symbols, such as unhewn blocks of stone (Ai- 
 01 dpyoi, Paus. ix. 27. § 1 ; 35. § 1 ; vii. 22. 
 
 3), and by simple pillars or pieces of wood. 
 Paus. vii. 22. § 3; Clem. Alex. Strom, i. p. 418, and 
 . 348. ed. Sylburg ; AO'KANA and AAl'AAAA.) 
 
 Many such sjnnbolic representations of gods were 
 held in the greatest esteem, even in the historical 
 ages, as sacred inheritances of former times, and 
 remained the conventional representations of the 
 gods notwithstanding the progress which the arts 
 had made. The general name for a representtition 
 of a god not consisting of such a rude symbol was 
 dyaA/xa. (Iluhnken, acl Tim. p. 2.) 
 
 In the Homeric poems, although the shield of 
 Achilles, the gold and silver dogs which kept 
 watch at the palace of Alcinous, and other similar 
 things may be pure fictions, there are sufficient 
 traces of the existence of statues of the gods ; but 
 it would seem that, as the ideas of the gods were 
 yet gigantic and undefined, the represenfcitions of 
 several superhuman beings were more calculated to 
 inspire awe than to display any artistic beauty. 
 (//. xi. 3(1', &c. ; Hesiod, Scut. Here. 144. 156. 
 248, &c.) This was however not always the case. 
 Temples are mentioned in several places (11. i. 39 ; 
 vii. 83, &c.), and temples presuppose the existence 
 of representations of the gods. A statue of Athena 
 is mentioned at I lion, npon whose knees the queen 
 places a magnificent peplus. (//. vi. 92; comp. 
 273.) The statue thus appears to have been in a 
 sitting position like the statues of Athena among 
 the lonians in general. (Strab. xiii. p. 601.) The 
 existence of a statue of Apollo must be inferred 
 from Iliad i. 28, for the aTefi/xa Seoio can only 
 mean the wreath or diadem with which his statue 
 itself used to be adorned. This statue must more- 
 over have been represented carrying a bow, for at- 
 tributes like dpyupoTo^os could have no meaning 
 unless they referred to something existing and 
 well-known. Other proofs of representations of 
 the gods in human form may be found in Iliad ii. 
 478, &c.; iii. 396, &c. These statues were un- 
 doubtedly all ^6ava, and, as we must infer from the 
 expressions of Homer, were far more perfect than 
 they are said to have been previously to the 
 time of Daedalus. A work still extant, which is 
 certainly as old as the time of Homer, if not much 
 older, is the relief above the ancient gate of iVIyce- 
 nae, representing two lions standing on their hind 
 legs, with a sort of pillar between them. (Paus. ii. 
 16. § 4 ; Sir W. Gell, Artjol. pi. 8—10 ; Guttling 
 in the Rlicinisch. Mus. 1841. part 2.) These facts 
 justify us in supposing, that at the time of Homer 
 the Greeks, but more especially the lonians of 
 Asia Minor, had made great progress in sculpture. 
 The lonians appear to have been far in advance of 
 the Greeks of the mothei'-country. The cause of 
 this must probably be sought in the influence which 
 some of the nations of western Asia, such as the 
 Lydians, Lycians, and Phoenicians had upon the 
 Ionian colonists, for that these nations excelled the 
 Greeks in various branches of the arts is abun- 
 dantly attested by numerous passages in the Ho- 
 meric poems. We must not however attribute too 
 much to this foreign influence, for there were many 
 other causes at work besides, by which the Greek 
 colonies not only of Asia, but of Sicily and Italy 
 also were enabled to be in advance of the mother- 
 country. The ancient coins of the Italian Greeks 
 too are much more beautiful and show more indivi- 
 duality than those of Greece proper ; we also find 
 that Learchus of Rhegium about 720 B. c. came to 
 Sparta and formed there t\e earliest bronze statue 
 of Zeus, which consisted of several pieces nailed 
 together. (Paus. iii. 17. § 6.) It appears to have 
 been shortly after this time that Gitiades of Sparta 
 
yOO STATUARY. 
 
 made a bronze statue of Athena. (Pans. iii. 17. § 
 13.) Another great work in bronze belonging to 
 this period is the colossal statue of Zeus wliich was 
 dedicated at OljTnpia by Cj-pselus or Periander of 
 Corinth, and for wliich the wealthy Corinthians 
 were obliged to sacrifice a considerable part of their 
 property. (Strab. viii. p. 353. 378 ; Phot, and Suid. 
 s. V. KuiJ/eXiSajf.) About G50 B. c. MjTon of Sicyon 
 dedicated two baXafioi of bronze at OljTupia, which 
 were still there in the days of Pausanias (vi. 19. 
 §2). 
 
 The time wliich elapsed between the composition 
 of the Homeric poems and the beginning of the fifth 
 century before our acra, may be termed the age of 
 discovery ; for nearly all the inventions upon the 
 application of which the developement of the arts is 
 dependent, are assigned to this period, which may 
 at the same time be regarded as the first historical 
 period in the history of art. Glaucus of Chios or 
 Samos is said to have invented the art of soldering 
 metal (criSTjpou Kuk\i)(Tts, Herod, i. 25). The two 
 artists most celebrated for their discoveries were 
 the two brothers Teleclesand Theodorus of Samos, 
 about the time of Polycrates. The most important 
 of them was the art of casting figures of metal. 
 This art appears to have been peculiar to the Greeks, 
 at least we do not find that it was ever made use 
 of by any other ancient nation. It is a singular 
 circumstance, that the very two artists to whom 
 this invention is ascribed are said to have made 
 their studies in Egypt ; and the curious story of 
 the two brothers executing a t^oavov of the Pythian 
 Apollo in such a manner, that while Teleclcs made 
 the one half of tlie statue at Delos, the other half 
 was made by Theodonis at Ephesus, and that when 
 the two halves were put together, they tallied as 
 accurately as if the whole had been the work of 
 one artist (Diodor. i. !)8), has been thought to sup- 
 port the Egyptian tradition that tliese artists were 
 greatly assisted in the exercise of their art by what 
 they had learnt in Egypt. But, in the first place, 
 the whole story has a very fabulous appearance, 
 and even admitting that the artists, as the Egyp- 
 tians asserted, had actually been in their country, 
 nobody will on this ground maintain that they 
 learnt their art there : the utmost they could have 
 leanit might have been some mechanical processes: 
 the art itself must be vindicated for the Greeks. 
 In the second place, Telecles and Theodorus are 
 called by Diodorus sons of Rhoecus, and Pausanias 
 himself, who was unable to discover a bronze work 
 of Theodorus, saw at Ephesus a bronze statue 
 which was the work of Rhoecus (x. 38. § 3). Hence 
 we have reason to suppose that Telecles and Theo- 
 doras leamt at any I'ate the art of casting metal 
 from their father, and not in a foreign country. 
 Respecting the various accounts of these two artists 
 and the time at which they lived, see Pliny [H.N. 
 XXXV. 53), Herodotus, and Pausanias. (Pliny (//. 
 A^. XXXV. 55) says, that Pasiteles called the art of 
 modelling clay tlie motlier of the art of casting 
 figures in metiil (sttitimria), and this passage has 
 been explained as if Pasiteles meant to say that in 
 Samos the former of these arts had given rise to the 
 latter. But this is manifestly wrong, for from the 
 words which follow in the text of Pliny it is clear 
 that the meaning is, that he never executed any 
 work in metal, mnrlij^, &c. without previously 
 making a model in day. 
 
 Statues of gods in baked clay, though in general 
 more used for domestic and private than for public 
 
 STATUARY. 
 
 worship, continued to be made as before. Man; 
 specimens of small dimensions and of very nid 
 workmanship have been discovered in Attic graves 
 (See Schol. lui Ariaioph. Ai\ 43(J.) Ornaments am 
 reliefs on houses, porticoes, and temples were like 
 wise very commonly made of clay, especially a 
 Corinth and in the Ceramicus. (Pans. i. 2. § 4! 
 i. 3. § 1.) 
 
 Representations of the gods in marble are no 
 mentioned in Homer, although they may have ex 
 isted in his time as well as statues of wood, whid 
 are likewise not expressly mentioned. Marble i 
 found in the ancient Thesaurus of Orchomenoi 
 Pliny [H. N". xxxvi. 4. 2) calculates that works i 
 marble were executed by Malas in Chios at th 
 beginning of the Olympiads ; and about 01. S' 
 (580 B. c). Uipoenus and Scyllis were renownei 
 for their works in marble. The most ancient spe 
 ciraen of a marble statue was seen by Pausania 
 (i. 43. § 7) in the market-place of Megara. Tli 
 work consisted of two figures, Coroebus killinj 
 Poene. There are still extant some works in mar 
 ble which may with certainty be ascribed to th 
 period previous to 01. 50. 
 
 Before we conclude our account of the work 
 produced dm'ing this period, we have to mentio; 
 the celebrated chest of Cypselus at Olympia, whicl 
 Pausanias saw and described (iv. 17. § 2, &c.). I 
 belonged perhaps to the year 733 B. c. The ches 
 was made of cedar-wood, which was thought mos 
 durable. It was adorned on its four sides and oi 
 the cover with figures, partly in ivory, partly ii 
 gold, and partly in the cedar-wood itself, which re 
 presented various scenes taken from the stories c 
 the heroic ages. Pausanias does not express hi 
 opinion as to their artistic merits, but the minute 
 ness with which he describes them is a sufficien 
 proof that he did not consider them as bad eithe 
 in design or execution. Quatremere de Quincy ha 
 attempted (in his Jupiter Olt/mpien) to restore thi 
 chest and its ornaments from the description o 
 Pausanias; but the restoration is so egregiousl; 
 bad, that an eye accustomed to the contemplatioi 
 of genuine works of art shrinks from it in disgust 
 
 During the whole of this period we scarcely hea 
 of any statues except those of the gods, and a] 
 though marble and bronze began to be extensivel; 
 applied, yet wood was much more generally use( 
 for representations of the gods. These statues wer 
 painted [Painting, p. iiSU], and in most case 
 dressed in the most gorgeous attire. The genera 
 character of the statues produced in the carlie 
 times of this period is on the whole the same a 
 among other nations at such an early period. Th' 
 style in which they are executed is called thi 
 arcliaic or the hieratic style. The figures are stif 
 and clumsy, the countenances have little or no in 
 dividuality, the eyes long and small, and the outel 
 angles turned a little upwai-ds, the mouth which ii 
 likewise drawn upward at the two corners, has i 
 smiling appearance. The hair is carefully worked 
 but has a stiff wiry appeimmce, and hangs gene 
 rally down in straight lines which are curled at th( 
 ends. The arms hang down the sides of the body 
 unless the figure carries something in its hands 
 The draper}' is likewise stiff, and the folds are verj 
 symmetrical and worked with little regard to na- 
 ture. As the arts during this period were chiefly 
 employed in the service of religion, they coidd, no^ 
 withstanding the many mechanical discoveries ot 
 the time, make but slow progress towards the 
 
STATUARY. 
 
 STATUARY. 
 
 .901 
 
 reduction of works of sublimity or beauty, for in 
 le representations of the gods for public worship 
 icient forms hallowed by time and custom were 
 ■tained and repeated without the artist bein<; al- 
 wed, even if he was able to do it, to depart from 
 I'so forms or to introdufe any material change, 
 rt therefore could not make any great progress, 
 itil it was applied to purposes in which the ar- 
 ■t - nonius was not restrained by religious custom, 
 hi lii't bound to conventional forms. Religion, 
 though the fostering mother of the arts in their 
 fancy, became a tedious restraint when they 
 (Mv up to manhood. But as soon as other spheres 
 
 a':tii>n were opened, religion, in her turn, could 
 it r^i ape from the influence of the advancement of 
 't-, and the old conventional fonus in many 
 ^ave way to works of real merit and genius. 
 
 ■ - ureal and important change took place about 
 111 alter 01. 50. 
 
 1 1. Second Period, from 01. 50 to 01. 75. 
 (580—480 B. c.) 
 
 This period, although comprising no more than 
 If irntuTj', developed all the elements which com- 
 iii il to make Grecian art what it became during 
 I- third and most flourishing period of its history, 
 leoce now came into close contact with the na- 
 5ns of the East and with Egypt ; commerce flou- 
 ihed at Corinth, Aegina, Samos, Miletus, Phocaea, 
 d other places ; gold became more abundant in 
 reece than it had been before, and the tyrants, 
 ho sprang up in several parts of Greece, surround- 
 1 themselves with splendour and maguiticcnce, 
 id acted as the patrons of art to palliate their own 
 iurpation. But all these were only external in- 
 lences, and coidd not have produced a nation of 
 tists like the Greeks. Epic poetry had gradually 
 eated in the minds of the people more defined 
 eas of their gods and heroes, while philosophy 
 :gan to make men look beyond what was conven- 
 mal and traditionar}'. The athletic and orchestic 
 ts attained about 01. 50 a high degree of perfec- 
 jn, and the circumstance that about the same 
 me the gymnastic and athletic contests at the great 
 iblic festivals began to be performed naked, di- 
 eted the attention of the artists as well as of the 
 iblic to nature, and rendered them familiar with 
 ,e beautiful forms of the human bodj'. But the 
 illation of nature was at first of a veiy hard and 
 vere character, and the influence of conventional 
 rms still acted in many cases as an obstacle. 
 
 The number of artists who flourished during 
 is period is truly astonishing. It has been said 
 at the close connection of father and son among 
 le artists ceased at this time, and that individual 
 tists worked free and according to the dictates of 
 leir own genius. But this is going too far, for it 
 ill continued to be the common practice for a son 
 
 be instructed by his father, and although this 
 ilation is usually expressed by the term ;io07)T'^s, 
 it on statues we only meet with the temi vl6s. 
 at along with these families of artists schools now 
 icame more general in which the arts were taught 
 id cultivated according to certain principles which 
 ere or became traditionary in each school ; the 
 hools thus acquired something of the spirit of 
 .stes or corporations. 
 
 The lonians of Asia Minor and the islanders of 
 e Aegean, who had previously been in advance 
 the other Greeks in the exercise of the fine arts, 
 id their last flourishing period from 01. 65 to 01. 
 
 63 (5G0 — 528 b. c). But this short period must 
 have been one of the greatest as well as one of the 
 most active and productive of numerous costly 
 works of art. The presents which Croesus sent to 
 Delphi, and some of which were said to have been 
 made by the Samian Tlieodorus, must have been 
 executed at the beginning of these forty years. 
 Our want of information respecting the lonians 
 must be ascribed to the circumstance that we have 
 no Pausanias to take us through their cities, and 
 to describe and explain the works of art with which 
 they were adorned. It is owing to the same cir- 
 cumstance that we know so little of Rhodes, Lein- 
 nos, Naxos, and Cyprus, althougli we may take fi)r 
 granted that these flourishing islands did not by 
 any means neglect the arts. Respecting Chios and 
 Samos we possess more information. Works in 
 metal were produced in high perfection in the lat- 
 ter island, in Aegina and Argos, while Chios gain- 
 ed the greatest reputation from its possessing tlie 
 earliest great school of sculptors in marble, in 
 which Bupalus and Anthermus were the most dis- 
 tinguished about 01. 60. Their works were scat- 
 tered over various parts of Greece, and their value 
 may be inferred from the fact that Augustus adorn- 
 ed with them the pediment of the temple of Apollo 
 on the Palatine. (Plin. //. N. xxxvi. 4.) These 
 works must be supposed originally to have belonged 
 to a Greek temple of the same god, and must cer- 
 tainly have been of superior beauty to the works 
 discovered in the island of Aegina, otherwise Au- 
 gustus would not have chosen them as ornaments 
 for the Palatine temple. Sicyon also possessed a 
 celebrated school of scidptors in marble, and about 
 01. SO Dipoenus and Scyllis, who had come from 
 Crete, were at the head of it, and executed several 
 marble statues of gods. (Plin. c.) In Aetolia, 
 whither they withdrew for a time, and at Argos, 
 there Kkewise existed works in marble by these 
 artists. Disciples of them, such as Dorycleidas, 
 Medon, and Theocles, were engaged at Sparta and 
 in other places. (Pans. v. 17. § 1; vi. 19.) Re- 
 specting Magna Graecia and Sicily we know few 
 particulars, though it appears that the arts here 
 went on improving and continued to be in advance 
 of the mother-country. The most celebrated artists 
 in southern Italy were Dameas of Croton and 
 Pythagoras of Rhcgium. 
 
 In Greece itself Sicyon continued from early 
 times to be the seat of a distinguished school of ar- 
 tists. Here Canachus and Aristocles flourished 
 about 01. 70 as sculptors in metal, though the for- 
 mer was also celebrated in the art of carving in 
 wood and in toreutic. Pliny (H. N. xxxvi. 4) 
 calls Sicyon : din officinarum omtiiuni metuUurum 
 patrva. Canachus, whose works Cicero {Brut. 18) 
 calls more rigid and hard than was consistent with 
 the truth of nature, was the most distinguished 
 among the Sicyonian artists, and his skill found 
 employment in other parts of Greece also. His 
 most celebrated work was a colossal bronze statue 
 of Apollo Philesius in the Didj-maeon, the descrip- 
 tion of which may give us an idea of the character 
 of temple-statues at this period. The whole figure 
 was stiff, very muscular, and without any elegance. 
 In his right hand, which was stretched out, the 
 god held a fawn, and in the left, which was some- 
 what lower, a bow. The features of the counte- 
 nance were hard and worked in the old hieratic 
 style ; the hair was divided and hung do\vn like wire 
 with little curls at the end.(Muller,.4j-c/iaeo/. p. 64.) 
 
902 
 
 STATUARY. 
 
 STATUARY 
 
 In Apgina the arts appear likewise tn have con- 
 tinued to flourish as before, and the most celebrated 
 among its artists was Callon, about 01. (>G. (Paus. 
 iii. 18. § ,5; iv. 14. § 2.) Athens, which at this 
 time rivalled Aegina in the fine arts, appears in a 
 short space to have made great progress, for great 
 artists as well as great works begin now to ap- 
 pear in the pages of Athenian histoiy. This was 
 in part owing to the influence of the Pisistratids. 
 After the death of Pisistratus himself, the first 
 quadriga of bronze was erected in front of the tem- 
 ple of Pallas. The most celebrated among the 
 Athenian sculptors were Critias and Hegias or 
 Hegesias, both distinguished for their works in 
 bronze. The foi-mer of them made in 01. 7S the 
 statues of Hannodius and Aristogiton. 
 
 Argos also distinguished itself, and it is a curious 
 circumstance, that the greatest Attic artists with 
 whom the third period opens, and who brought the 
 Attic art to its culminating point, are not disciples 
 of Critias or Hegias, but of the Argive Ageladas 
 (about 01. 66), which at once raises this city and 
 her other artists, such as Aristomedon, Glaucus, 
 Dionysius, and others to a greater importance than 
 we might otherwise be inclined to attribute to 
 them. 
 
 Among the numerous works produced during 
 this period we shall first mention the representa- 
 tions of the gods [dyaAixaTa). In all the statues 
 which were made for temples as objects of worship 
 the hieratic style was more or less conscientiously 
 retained, and it is therefore not in these st<itues 
 that we have to seek for proofs of the progress of 
 art. They were for the most part, as of old, made 
 of wood, and when an old statue was to be repkiced 
 by a new one, the latter was generally a faithful 
 copy of the former. Thus the wooden statue of 
 Demetcr at Phigalia with a horse's head from 
 which dragons and other monsters sprang forth, 
 and which bore a dolphin and a dove in its hands, 
 was imitated by 0nat;is in bronze after the wooden 
 figure had been burnt. (Paus. viii. 42.) The 
 same adherence to ancient forms of the gods was 
 also visible in other cases ; for when colonies were 
 sent out the images of the gods of the mother-city 
 were for the most part faithfully copied for the co- 
 lony, and such copies were called d/piSpvfiaTa. 
 (Dionys. Hal. ii. 22; viii. 56 ; Strab. iv. p. 179.) 
 The instances of the Apollo Philesius and of the 
 Demeter of Onatas show that even in temple-sta- 
 tues wood began to give waj' to other and better 
 materials. Besides bronze, marble also, ivory and 
 gold were now applied to statues of the gods, and 
 it was not very uncommon to form the body of a 
 statue of wood, and to make its head, arms, and 
 feet of stone (d/cpdAiSoi), or to cover the whole of 
 such a wooden figure with ivor}' and gold. (Paus. 
 ii. 4. § 1 ; vi. 25. § 4, &c. ; ii. 22. § 6 ; Eurip. 
 Troad. 1081.) The latter method, which about 
 this time became a distinct and much admired 
 branch of statuaiy, was practised by Dorycleidas, 
 Theocles, Medon, Canachus, Menaechmus, and 
 others, and appears to have been introduced by 
 Dipoenus and Scyllis. Quatremere de Quincy con- 
 sidered this kind of sculpture, which the modems 
 call chryselephantine sculpture, as a part of the art 
 which the ancients called toreutic (TOpevriK-q). 
 There are few errors more surprising than this, and 
 yet the opinion of the French critic has been re- 
 peated as if there could be no doubt about it. But 
 although it is easy enough to see that the toreutic 
 
 art is not what he thought, yet it would be difiicul: 
 to say what it was. [Bronze, p. 167.] 
 
 From the statues of the gods erected for worshi] 
 we must distinguish those statues which were de 
 dicated in temples as dcaflif/xaTO, and which now 
 became customary instead of craters, tripods, &c 
 But here too the change was not sudden, for thi 
 statues at first were frequently connected with tri 
 pods and similar ornaments. At Amyclae then 
 were tripods made by CaUon and Gitiadas will 
 small statues of goddesses under them. (Paus. iii 
 1 8.) In the execution of statues to be dedicated a 
 oraflT^/iOTa, even though they were representation, 
 of gods, the artists were not only not bound to an} 
 traditional or conventional forms, but were alsi 
 like the poets allowed to make free use of mytho 
 logical subjects, to add, and to omit, or to modif; 
 the stories so as to render them more adapted fo 
 their artistic purposes. 
 
 A third class of statues which were erected dur 
 ing this period in great nrunbers, were those of th 
 victors in the great national games and of othe 
 distinguished persons {dvSpidvTfs). The custom o 
 erecting statues of the victors in public appears ti 
 have commenced about 01. 58 (Paus. vi. 18. § 5) 
 but these statues soon became extremely numerous 
 and many of them were executed by the first artist 
 of the time. In some the influence of the hierati 
 style was visible, or were even made in that style 
 as the statue of Mylon by Dameas. (Pliilosti 
 ApoU. Tyan. iv. 28 ; comp. Paus. iv. 28 ; vi. \\ 
 § 2.) Although these statues were generally no 
 portraits, for Pliny {H. N. xxxiv. 9) states tha 
 only those who had gained the victory thrice wep 
 allowed to have an iconic statue erected, yet the; 
 were destined to preserve the memory of the parti 
 cidar physical powers and the bodily developemen 
 of the athletes, or even to show the peculiar skil 
 or the peculiar stratagems by which an athlete hai 
 excelled and overcome his adversary, and thus af 
 forded to the artists nmnerous opportunities of repre 
 senting figures in a variety of attitudes and actions 
 (Paus. vi. 10. § 1 ; viii. 40 ; Schol. ad Find. Oi 
 vii. init. ; Xenoph. Memor. iii. 10. § 6.) Statue 
 erected in public or dedicated in temples in honou 
 of other distinguished persons, are mentioned ver; 
 rarely during this period, but they appear generall; 
 to have been portraits {^iKives, statuae iconkxie) 
 The earliest statues of this kind we know of ai'^ 
 those of Cleobis and Biton of Argos, which wer 
 dedicated in the temple of Delphi about 01. SO 
 (Herod, i. 31.) The first iconic statues of Ilarmo 
 dius and Aristogiton were made by Antenor ii 
 509 B. c, and in 477 u. c. new statues of the sani' 
 persons were made by Critias. It is allowed on a'l 
 hands that nothing contributed more to the ad 
 vancement of statuary than the contests at tli 
 public games, as they not only rendered the artis.! 
 familiar with the greatest variety of attitudes, am 
 with the most beautifully developed fonns of tli' 
 bodies of the athletes, but also att'ordcd to tlieii 
 numerous opportunities to represent in their work 
 those same persons and attitudes which they liai 
 seen and admired. The widest field for study am 
 exercise was thus opened to the artists. 
 
 We have seen that at a very early period o 
 Grecian art attempts were made to adorn the out 
 side of temples and other public buildings, but i 
 was not till the period we are now describing tha 
 it became customary to adorn the pediments, friezes 
 &c. of temples with reliefs or groups of statues o 
 
STATUARY. 
 
 STATUARY. 
 
 903 
 
 iii lile. We still possess two <;roat works of tliis 
 lul which are suffici(uit to show their general 
 aracter during this period. 1. The Sdinuaiine 
 l,irhh's, or the metopes of two temples on the 
 nipolis of Selinus in Sicily, which were discover- 
 I in 1823 by W. Harris and Sam. Angell, and 
 V at present in the Miisenm of Palenno. Those 
 '^longing to the wi^stern temple appear to have 
 -fii m;ule at the beginning of this period, as they 
 iiw a very great resemblance to the works in the 
 . latic style. The figures of the other or middle 
 iiiplc show indeed a considerable .advancement of 
 !!■ art, but the execution is still h.ard and stiff; 
 ley may have possibly been executed a short time 
 ^efore (_)1. 7.'). (See S. Angell and Th. Evans, 
 '•■iilplurcd AlctnfU'S discun'ri'd amimi/st ilie ruins of 
 ' Lond. 1 8'2().) 2. The Adjincian Marbles 
 ' iv discovered in 1812 in the island of Aegin.a, 
 111 are now at Munich in the collection of the 
 111^ of Bavaria, They consist of eleven stiitues 
 liiih .adorned two pediments of a temple of Athe- 
 a, and represent the goddess leading the Aeacids 
 ,'ainst Troy, and contain manifest allusions to the 
 ar (if the Greeks with the Persians. Many small 
 kIcs in the marble render it probable that origi- 
 ally several parts of these statues, perhaps the 
 riiinur, were of bronze, and fixed to them with 
 liK. The general character of these Aeginetan 
 : atucs is a mixture of the archaic style and an 
 iixious'imitation of nature. The hair is wiry, 
 ml traces of paint are visible on all parts of the 
 tat IK'S with the exception of those representing 
 ir t]; sh. (See Edw. Lj'on, Oullines of the Eyina 
 
 :l.nl,lrs, 1829.) 
 
 • liesides these a great number of works in bronze 
 'lid marble of this period are still extant ; they are 
 'artly round figures or statues and partly reliefs. 
 M idler, Arcliaeol. p. 73, &c.) Some of the best 
 iliecimens in marble relief, which seem to form the 
 laiisitiim from this to the third period, are pre- 
 i iM- J in the British Museum. (See Combe, Vl/ar- 
 /( s (f the Brit. jMtis. ii. pi. G and 7 ; Sjiccimcns of 
 Inc. Sciiljiturc, pi. 11.) It is not always easy to 
 ay wliether a work made in the archaic style is 
 rally as old as the style indicates, as this style 
 las never entirely abandoned, and was retained 
 II trniple-statues even under the Roman emperors. 
 
 111. Third Period, from 01. l^toOl.lU. 
 (480—336 B. c.) 
 
 During this period Athens was the centre of the 
 me arts in Greece. The Persian wars awakened 
 n the hearts of the people the feeling and the con- 
 I'iction of their own power, and the Greeks who 
 lad at first only warded off the attacks of the bar- 
 jarians, now felt strong enough to ;ict on the offen- 
 sive. The fall of the Spartan Pausanias raised 
 Athens in 472 B. c. to the supremacy in the w;irs 
 igjunst Persia. Athens had now acquired a pow- 
 erful navy, and the tributes of the allies, which 
 imounted at different times from 4b'0 to 1200 
 tidents, and which from 462 B. c. were deposited 
 in the treasury at Athens, raised the city to a 
 beight of power such as few cities have ever pos- 
 sessed. Only a small portion of these treasures 
 was spent upon war ; the rest was applied at first 
 to the fortification of the city, and afterwards to 
 :he building of temples, porticoes, theatres, gym- 
 nasia, &c. Among them we need only mention 
 the Theseum, the Parthenon, the Propylaea, the 
 stone theatre, the Poecile, and the Odeum. After 
 
 the wars with Persia Athens appears by no meana 
 exhausted or broken down, but refreshed and 
 strengthened like nature after a heavy stoi-m. 
 
 Statuary during this period went hand in hand 
 with the other arts and witli literature : it became 
 emancipated from its ancient fetters, from the stiff- 
 ness and conventional fomis of former times. The 
 free and noble spirit of the Athenian democracy 
 showed its iniluence in all departments of litera- 
 ture and art, and among tlie latter statuary reached 
 its culminating point in the sublime and mighty 
 works of Phidias. The deniocratical spirit did not 
 however lead to any kind of extravagiince in the 
 arts : no vehement passions or actions were repre- 
 sented, and although the character of those which 
 belong to the latter half of this period differs very 
 much from those of the former half, yet on the 
 whole <ill show a calm dignity and an almost pas- 
 sionless tranquillity of mind, a feature so peculi.ar 
 to all the great masterworks of Grecian art. The 
 Peloponncsian war and the calamities which ac- 
 companied it produced a change in the state of 
 things ; a new generation now stepped into the 
 place of the heroic race which had partaken in or 
 witnessed tlie memorable events of the Persian 
 war. Sensuality and an indulgence of the passions 
 became the prominent features in the character of 
 the Athenian people ; and the prevailing desire 
 after pleasures and strong excitements could not 
 fail to produce an injurious infiuence upon the arts 
 also. In the works of art which were produced 
 after the year 380 b. c. there was no longer that 
 cahn and sublime majesty which characterised the 
 works of Phidias and his more immediate followers, 
 but the figures were more pathetic, and calculated 
 to have a greater effect upon the senses of the be- 
 holders. The different stages of the arts during 
 this period bears the most striking analogy with 
 the three phases of tragedy as they lie before us in 
 the works of the three great dramatists, Aeschylus, 
 Sophocles, and Euripides. 
 
 Argos was, next to Athens, the most distin- 
 guished seat of the arts during this period, and the 
 works of the Athenian and Argive artists spread 
 over all Greece, and became the models for other 
 Greek artists. 
 
 The developement of statuary at Athens and 
 Argos had been prepared by C.alaniis of Athens 
 and Pythagoras of llhegium, the former of whom, 
 although not quite free from the hardness of the 
 earlier style, yet produced a great variety of works, 
 among which are mentioned representations of gods 
 in a sublime style, graceful statues of women, and 
 spirited horses, in which he was unrivalled. (Plin. 
 xxxiv. 19. § 11; Quinctil. xii. 10. § 7 ; Cic. Brut. 
 18; Lucian, Iiiuig. G.) Pythagoras was distin- 
 guished for the perfection with which he expressed 
 the muscles, veins, and hair in his athletic statues, 
 for the beautiful proportions and the powerful ex- 
 pression of these statues which, as Pliny says, 
 made the beholders feel the pains which the indi- 
 viduals represented were suffering. (Plin. xxxiv. 
 19. § 4 ; Paus. vi. 6. § 1 ; 13. § 4.) Several of his 
 works are specified by Pausanias and Pliny. The 
 career of Phidias the Athenian begins about 01. 82. 
 The genius of this artist was so greiit and so gene- 
 rally recognised, that all the great works which 
 were executed in the age of Pericles were placed 
 under his direction, and thus the whole host of ar- 
 tists who were at that time assembled at Athens 
 were engaged in working out his designs and ideas. 
 
904 
 
 STATUARY. 
 
 STATUARY. 
 
 (Plut. Perk. 12.) He himself was chiefly engaged 
 in executing the colossal works in ivory and gold, 
 the expenses of which were supplied by the Greek 
 states with the greatest liberality, and other works 
 in bronze and marble. The tirst among these 
 works is the statue of Pallas Parthenos (made 
 about 01. 83. 3) of ivory and gold. The statue 
 was twentj--six cubits in height, and represented 
 the goddess in a long robe and in annour. She 
 made the impression of a most majestic and victo- 
 rious being. A description of the statue is given 
 by Pausanias (i. 24. § 5, &c. ; comp. Plin. II. N. 
 xxxvi. 4. § 4). It was frequently imitated in an- 
 tiquity in marble statues and upon coins, and from 
 these imitations and the descriptions we possess of 
 it Quatreraere de Quincy {iMonum. ct Oavray. tTArt, 
 Ant. rcstituh, i. p. 63) has made a very unsuccess- 
 fiil attempt at restoring the original statue. The robe 
 which Pallas wore was of gold, forty-four talents 
 in weight, though its thickness was not much above 
 aline. (Thucyd. ii. 1.3, with the connnent.) The gold 
 was taken oif and used for other purposes in the time 
 of Demetrius Poliorcetes. The style of this was, 
 like that of all the works of Phidias, extremely 
 simple, yet grand and sublime ; the helmet, sliield, 
 and the pedestal were beautifully adorned with 
 scenes belonging to the story of Attica. A second 
 work of Phidias, wliich was still more admired, 
 was the statue of the (Olympian Zeus (made in 01. 
 86), who was represented sitting upon a S>p6vos. 
 The statue was, like that of Pallas, made of ivory 
 and gold, and, without the pedestal, forty feet high. 
 The great richness with which tlie throne, sceptre, 
 and the pedestal of this simple but majestic repre- 
 sentation of tlie father of the gods were adorned, 
 the profound wisdom in the proportions of the co- 
 lossal work, and the sublime idea which the artist 
 had fonned and here embodied of the majesty of 
 Zeus, made this statue one of the wonders of the 
 ancient world. The idea of Zeus is said to have 
 been suggested to Phidias by the celebrated verses 
 of Homer {II. i. 528, &c.), and the impression 
 which the god in this work made upon the beholder 
 was that of a god ruling in omnipotence, and yei 
 graciously inclined to listen to the prayers of man 
 and to grant his wishes. (See the description of 
 Pausanias, V. 11 ; comp. Liv.xlv.28; Quinctil. xii.lO. 
 § 9 ; Quatremcre de Quincy, .Jupiter Oh/mjiien, ii. 
 11 ; Flaxman, Led. on Sndpt. pi. 1.') and'20.) The 
 statue of the Olympian Zeus existed till .\. n. 47.'), 
 when it was destro3-ed in a fire at Constantinople, 
 whither it had been transported Ijy the emperor 
 Theodosius 1. The most colossal statue of Phidias 
 was his Athena Promachos, of bronze, which was 
 fifty feet high without taking the pedestal into 
 account. (Strab. vi. p. 278.) It stood on the 
 Acropolis between the Parthenon and the Propy- 
 laea, rising above each of these buildings, so that 
 it was seen at a distance by the sailors when they 
 approached the coast of Attica. This work how- 
 ever was not completed when he died, and it was 
 finished nearly a generation later by Mys. (Paus. 
 i. 28. § 2.) Phidias was greatest in the represen- 
 tation of the gods, and especially in portraying 
 the character of Athena, which he represented 
 with various modifications, sometimes as a warlike 
 goddess, and sometimes as the mild and graceful 
 protectress of the arts. ( Plin. //. A'^ xxxiv. 1 9. § 1 ; 
 Paus. i. 28. § 2 ; Lucian. Irnay. 6.) 
 
 We do not read of many disciples of Pliiilias, 
 but the most distinguished among them were 
 
 Agoracritus of Samos and Alcamenes of Athen 
 Botli, though the latter with greater independenc' 
 applied their skill like their master to statues i 
 the gods ; both were especially renowned for tl 
 great beauty, softness, and calm majesty wit 
 which they represented goddesses, in the compos 
 tion of which they rivalled each other. Some i 
 the statues of Alcamenes were very highly value 
 in antiquity, especially his Hecate, Athena, Aphn 
 dite in the gardens, Hephaestus, and also th 
 groups in the pediment of the temple at Olympi: 
 The most celebrated statue of Agoracritus was th 
 Nemesis of Rhamnus, whicli had originally bee 
 intended as an Aphrodite to compete with that ( 
 Alcamenes, but was afterwards by the addition i 
 the proper attributes consecrated as a Nemesis s 
 Rhamnus. 
 
 We still possess a series of sculptured works i 
 marble which were made by the school of Phidias 
 and some of them undoubtedly by the great maste 
 himself. These works are : 
 
 1. Some parts of the eighteen sculptured metopes 
 together with the frieze of the small sides of th 
 cella of the temple of Theseus. Ten of the metope 
 represent tlie exploits of Heracles, and the cigh 
 others those of Theseus. Tlie figures in the friez 
 are manifestly gods, but their meaning is uncertahi 
 All the figures are full of life and activity, anr 
 worked in the sublime style of the school of Phi 
 dias. Some antiquarians value them even highe 
 than the sculptures of the Parthenon. Casts o 
 these figures are in the British Museum. (Compar 
 Stuart, Ant. iii. chap. 1.) 
 
 2. A considerable number of the metopes of thi 
 Parthenon which are aU adorned with reliefs ii 
 marble, a great part of the frieze of the cella, somi 
 colossal figures, and a number of fragments of thi 
 two pediments of this temple. The greater part o 
 these works is now in the British Museum, wlien 
 they are collected under the name of the Elgii 
 Marbles. They have been described and com 
 mented upon so often, that they require no furthei 
 mention here. (See Aleniunaidinn on the siihjcii q 
 t/ie Karl of EUihi's pursiiils in (irn'ir. 2nd. edit 
 181S ; Cockerel!, Marb/cs of thf Brit. Mas. p. vi. 
 The best work, as far as the explanation of thesi 
 sculptures is concerned, is Briindstcd's Reisen 
 vol. ii. 
 
 3. The marble reliefs of the temple of Nik( 
 Apteros belong indeed to a later age than that o 
 Phidias, but they are manifestly made in the spiri 
 of his school. They represent with great livelines 
 and energy contests of Greeks with Persians, anc 
 of Greeks among themselves. These also are a' 
 present in the British Museum. 
 
 All these sculptures breathe on the whole thi 
 same sublime spirit, though it would seem tlia 
 some, especially some figures of the metopes of thi 
 Parthenon, were executed by artists wlio had no 
 emancipated themselves entirely from the influenci 
 of an earlier age. With this exception and somi 
 other slight defects, which are probably the conse 
 quences of the place whicli the sculptures occupic< 
 in the temples they adorned, we find everywhere ; 
 truth in the imitation of nature, which withou 
 suppressing or omitting anything that is essential 
 and without any forced attempt to go beyond na 
 ture, produces the purest and sublimest beauty 
 these works show lively movements combined witi 
 calmness and ease, a natural dignity and grac 
 united with unaifected simplicity ; no striving afte 
 
STATUARY. 
 
 STATUARY. 
 
 905 
 
 Ifect or excitement of the passions. These sculp- i 
 j.res alone afford us ample means to justify the i 
 tucient critics, who state that the ixeya\e7ov and 1 
 >-:fiv6v, or the grand and sublime were the charac- i 
 ristic features of Phidias and his school. (Demetr. 
 Elociit. 14; Dion3's. Hal. de Isocrat. p. 542.) 
 I liidias was the Aeschylus of statiiarj', and it may 
 i> safely asserted that although the art subse- 
 lently made certain progress in the execution of 
 ..'tails, yet Phidias and his school were never ex- 
 'lled by subsequent generations. 
 Besides the sculptures of the three temples men- 
 oned above, there are also similar ornaments of 
 |i',her temples extant, which show the influence 
 ;lhich the school of Phidias must have exercised 
 111 various parts of Greece, though they are exe- 
 I ited in a different style. Of these we need only 
 piention two as the most important. 
 J 1. The Phigalian marbles, which belonged to 
 he temple of Apollo Epicurius, built about 01. 80' 
 [y Ictinus. They were discovered in 1812, and 
 ()nsist of twenty- three plates of marble belonging 
 jb the inner frieze of the cella. They are now in 
 he British Museum. The subjects represented in 
 hem are fights with centaurs and amazons, and 
 nc plate shows Apollo and Artemis drawn in a 
 lariot by stags. Many of the attitudes of the 
 L;urcs appear to be repetitions of those seen on 
 1 1.' Attic temples, but there are at the same time 
 rcat differences, for the Phigalian marbles seme- 
 mes show a boldness of design which almost bor- 
 iers on extravagance, while some figures are incor- 
 'Ctlv drawn and in forced attitudes. The best 
 i escriptions of them are those in Bassi rdkvi della 
 frecia, disegn. da G. M. Wagner (1814), and in 
 I'ltackelberg's Apollutempel zii Bassae in Arcadien 
 . lite dasdbst aasgegrah. Bildu-crke, 1828. 
 
 '2. Marbles of the temple of the Olympian Zeus, 
 vhkh were made by Paeoinus of Mende and Alca- 
 iienes of Athens. (Pans. v. 16.) Several frag- 
 uents of these sculptiu'es were discovered in 1829, 
 nd are at present at Paris. {E.ipedit. Scicnii/. de 
 ■I Moree, pi. 74 — 78.) The figures of these mar- 
 iiles are indeed free from the fetters of the ancient 
 .rtyle, and show a true imitation of nature, but do 
 lot nearly come up to the ideal simplicity of the 
 ..vorks of Phidias. 
 
 About the same time that the Attic school rose 
 II its highest perfection under Phidias, the school 
 >f Argos was likewise raised to its summit by 
 Polycletus, who was inferior to the former in his 
 statues of gods (Quinctil. xii. 10. § 7, &c. ; Cic. 
 Brut. 1 8), though he advanced the toreutic art in 
 lis colossal statue of Hera at Argos firrther than 
 Phidias. (Plin. H. N. xxxiv. 19. § 2.) But the 
 irt of making bronze statues of athletes was carried 
 3y him to the greatest perfection : ideal youthful 
 md manly beauty was the sphere in which he ex- 
 ■;elled. Among his statues of gods we only know 
 two, that of Hera and another of Hermes. Pliny 
 mentions several of his representations of human 
 beings, in which without neglecting to give them 
 individuality, he made j^outhful figures in their 
 purest beauty, and with the most accurate propor- 
 tions of the several parts of the human body. (Plin. 
 '. c. ; comp. Strab. viii. p. 372.) One of these sta- 
 tues, a youthful Doryphorus, was made with such 
 accurate observation of the proportions of the parts 
 of the body, that it was looked upon by the an- 
 cient artists as a canon of rules on this point. (Cic. 
 Brut. 8C; Orat. 2; Quinctil. v. 12. § 21; Lucian, 
 
 de Saliat. 75.) Polycletus is said to have written 
 a work on the same subject, and it may be that 
 his doryphoras was intended to give a practical 
 specimen of the rules he had laid down in his 
 treatise. He gained a victory over Phidias in the 
 representation of an Amazon, which must conse- 
 quently have been a figure in the greatest luxu- 
 riance of female beauty combined with a manly 
 character. (Miiller, Arc/iacol. p. 109.) Polycletus 
 was also distinguished in portrait statues, among 
 which that of Artemon Periphoretus, a mechani- 
 cian of the time of Pericles, is mentioned with es- 
 pecial praise. 
 
 Myron of Eleutherae, about 01. 87, was, like 
 Polycletus, a disciple of Ageladas, but adhered to a 
 closer imitation of nature than Polycletus, and as 
 far as the impression upon the senses was concern- 
 ed, his works were most pleasing, but aniwi scnsiis 
 jion e,i-prcssit, says Pliny {H.N. xxxiv. 19. § S). 
 The cow of Myron in bronze was celebrated in all 
 antiquity. (Tzetzes, C/iil. viii. 194, &c. ; Propert. 
 ii. 31. 7.) Pliny mentions a considerable number 
 of his works, among which a dog, a discobolus, 
 pentathli and pancratiasts were most celebrated ; 
 the last of them were especially distinguished for 
 their eurythmia and the animation displayed in 
 their movements, as well as for the most beautiful 
 athletic attitudes. Among his statues of gods we 
 find only mention of a colossal group representing 
 Heracles, Zeus, and Athena, which he made for 
 the Samians. (Plin. /. c. ; Cic. c. Verr. iv. 3 ; Strab. 
 xiv. p. G37.) In his execution of the hair he ad- 
 hered, according to Pliny, to the ancient style. 
 
 The deviation from the sublime ideality of the 
 Attic school of Phidias was still more manifest in 
 the works of Callimachus and Demetrius. The 
 former executed his statues with the utmost possi- 
 ble accuracy and attention to the minutest details, 
 'but was careless in the conception as well as in the 
 execution of the whole, which destroyed the value 
 of his works, whence he was designated by the 
 nickname of KaraTTj^iTexvos. Quinctilian (xii. 10. 
 § 9) says of him nimuis in reritate. (Conip. Lucian, 
 Philops. 18 ; Plin. Epist. iii. 6.) On the whole it 
 should be observed, that near the end of the Pelo- 
 ponnesian war and afterwards the greater part of 
 the artists continued to work in the spirit and 
 style of Polycletus, and that the principal produc- 
 tions in Peloponnesus were bronze statues of ath- 
 letes and statues erected in honour of other distin- 
 guished persons. (Pans. x. 9. § 4 ; vi. 2. § 4 ; 
 Plut. Lysmid. 1. 18 ; de Orac. Pi/th. 2.) 
 
 The change which took place after the Pelopon- 
 nesian war m the public mind at Athens could not 
 fail to show its infiuence upon the arts also ; and 
 the school of statuary, which had gradually become 
 developed, was as different from that of Phidias as 
 the then existing state of feeling at Athens was from 
 that which had grown out of the wars with Persia. 
 It was especially Scopas of Pares and Praxiteles 
 of Athens, about one generation after Myron and 
 Polycletus, who gave the reflex of their time in 
 their productions. Their works expressed the 
 softer feelings and an excited state of mind, such 
 as would make a strong impression upon and cap- 
 tivate the senses of the beholders. But the chief 
 masters of this new school still had the wisdom to 
 I combine these things, which were commanded by 
 the spirit of the age, with a noble and sublime con- 
 . ception of the ideas, which they embodied in their 
 , I works. Scopas and Praxiteles were both distin- 
 
006 
 
 STATUARY. 
 
 STATUARY. 
 
 guished as sculptors in marble, and both worked in 
 the same style ; the legendary circles to which 
 most of their ideal productions belong are those of 
 Dionysus and Aphrodite, which also shows the 
 character of the age. There was a time when this 
 school of statuary was considered superior even to 
 that of Phidias, and it is indeed true that its pro- 
 ductions are distinguished by exquisite beauty and 
 gracefulness, whence their female statues in parti- 
 cular are, in one sense, unrivalled ; but the effect 
 they produced upon the minds of the beholders 
 was by no means of the same pure and elevating 
 nature as that of the works of their predecessors. 
 Pliny {H. N. xxxvi. 4. § 7) mentions a number of 
 works of Scopas, some of which he himself saw at 
 Rome. Among them were Aphrodite, Pothos, 
 Phaeton, Apollo, a sitting Demeter, Poseidon, 
 Thetis, Achilles, the Nereids riding on dolphins, 
 and a number of other marine deities. (Compare 
 Pans. i. 43. § 6 ; vi. 25. § 2.) Whether the cele- 
 brated group of Niobe and her children, which in 
 the time of Pliny stood in a temple of Apollo at 
 Rome, was the work of Scopas or Praxiteles, was a 
 matter of doubt among the ancients themselves. 
 This group was discovered in 1583 near the Porta 
 S. Giovanni at Rome, and the greater number of 
 its fragments is at present in the Museum of 
 Florence, but some figures are in other museums ; 
 Munich possesses the finest head of all the Niobids. 
 It has been the subject of much discussion, whether 
 the group discovered in 15!i3 is the original work 
 of Scopas or Praxiteles, or only a copy ; but al- 
 though the latter is by far the more probable opi- 
 nion, these remains are the most beautiful relics of 
 ancient art : the mother Niobe herself especially is 
 unrivalled. (See Galeria di Firenze Stat. p. i. 4. 1, 
 &c) The works of Praxiteles were of the same 
 character as those of Scopas. The transition in all 
 departments of the arts from the ancient simplicity 
 to the representation of subjects exciting sensual 
 desires and appetites was exceedingly slow and 
 gradual ; and thus although in the works of Prax- 
 iteles youthful and female beauty appears naked, 
 and clothed with all the charms that art can be- 
 stow, and although many of his figures were repre- 
 sented in actions and situations peculiar to tlie 
 worship of Dionysus, yet we cannot say that 
 they displayed any kind of sensuahty. His most 
 celebrated works were : 1. Figures of Dionysus, 
 Satyrs, and Maenades. (Pans. vi. 26. § 1 ; Plin. 
 H. N. xxxiv. 19. § 10 ; xxxvi. 4. § 5 ; Pans, 
 i. 20. § 1 ; 43. § 5 ; Athen. xiii. p. 591.) 2. Sta- 
 tues of Eros for various parts of Greece. (PHn. 
 H. N. I. c; Lucian. Amor. 11. 17; Pans. ix. 
 27 ; Cic. c. Vcrr. iv. 2.) 3. Statues of Aphro- 
 dite. The most celebrated among these were the 
 Aphrodite of Cos (velata specie, Plin. I. c), and 
 above all the naked Aphrodite of Cnidus, which 
 stood in a chapel built expressly for the purpose, 
 and open on all sides. This stiitue was of such 
 extraordinary beauty that, as Pliny states, many 
 persons sailed to Cnidus merely for the purpose of 
 seeing it. (Comp. Lucian, Amor. 13 ; Iviay. 6.) 
 Some critics have asserted that the Venus known 
 under the name of the Medicean is the Cnidian 
 Venus of Praxiteles or a copy of it, but Visconti 
 has clearly proved that this is impossible. There is 
 much more sensuality in the Medicean Venus than 
 we have any reason to suppose existed in that of 
 Cnidus. Praxiteles had also great reputiition for 
 his statues of the most beautiful hetiicrae, and it is 
 
 said that he took the most charming among the 
 as models for his representations of Aphrodit 
 There was also a statue of Praxiteles represcntir 
 Apollo surnamed Sauroctonos, or the lizard-killt 
 which had great reputation in antiquity. (Mulle 
 Arch. p. 121.) 
 
 Cephissodorus and Timarchus were sons 
 Praxiteles. There were several works of the fn 
 mer at Rome in the time of Pliny ; he made h 
 art subservient to passions and sensual desire 
 Pliny [H. N. xxxvi. 4. § 6) mentions among h 
 works a celebrated Symplegma at Pergamus, whic 
 is the first instance of this kind that we hear of i 
 Grecian art. A similar spirit pervaded the worl 
 of Leoehares (a Ganymedes carried by an eagle ii 
 to Zeus), of Polycles who was the first that mac 
 the voluptuous statues of Hermaphrodites, and 
 Silanion who made a dying Jocaste. (Plin. H. 1 
 xxxiv. 19. § 17 and 20 ; Pint, de Aud. Poet, 'i 
 St/mpos. v. 1.) Leoehares also made a number i 
 portrait statues in ivory and gold of members i 
 the royal family of Macedonia, and of other pe: 
 sons. (Pans. v. 20.) Such portrait statues aboi 
 this time began to give much occupation to th 
 artists. About the year 350 b. c. several of ti 
 greatest artists of the age, such as Scopas, Lei 
 chares, Timothcus, and Rryaxis, were engaged i 
 Caria in making the magnificent mausoleum i 
 Mausolus, a general description of which is give 
 by Pliny (//. A^: xxxvi. 4. § 9). 
 
 Most of the above mentioned artists, howeye, 
 widely their works differed from those of the scho( 
 of Phidias, may yet be regarded as having onl 
 continued and developed its principles of art in 
 certain direction ; but towards the end of this p( 
 riod Euphranor and Lysippus of Sicyon carried ol 
 the principles of the Argive school of Polycletui 
 (Cic. Brut. 1)6.) Their principal object was to n 
 present the highest possible degree of physic; 
 beauty and of athletic and heroic power. Lysippu 
 was the greater of the two : he was one of th 
 most fi-uitful artists that have ever lived, for he i 
 said to have made no less than 1500 figure.' 
 Among the heroes Heracles appears to have been 
 favourite subject of Lysippus, for he made severs 
 stiitues of him representing him in various situa 
 tions (MuUer, A rch. p. 124), and his figures of thi 
 hero served as types for subsequent artists. W 
 still possess some representations of Heracles whic 
 are considered to be imitations of his works. Th 
 most celebrated among his portrait statues wer 
 those of Alexander the Great. (Plut. de hid. 24 
 dc Alex. virt. ii. 2; Ated'. 4; Plin. H. N. xxxiv 
 19. § 6.) The chief characteristic of Lysippii 
 and his school is a close imitation of nature, whic^ 
 even contrived to represent bodily defects in som 
 interesting manner ; its tendency is entirely rea', 
 istic. The ideal statues of former times disappea 
 more and more, and make way for mere portrait^ 
 Lysippus, it is true, made statues of gods ; hu 
 they did not properly belong to his sphere ; h 
 merely executed them because he had received oi 
 ders which he could not well refuse. His greates 
 care was bestowed upon the execution of the dc 
 tails (urffutiae operum), upon the correct propor 
 tions of the parts of the human body, and upoi 
 making portrait statues slender and tall above th 
 common standard. In short, all the features whicl 
 characterise the next period appear in the school c 
 Lysippus. 
 
STATUARY. 
 
 STATUARY. 
 
 907 
 
 IV. Fourth Period, from 01. \ \\ to 01. 158. 
 
 I (.33y— 146 B. c.) 
 
 S Within a few generations Grecian art had pass- 
 j through the various stages of developemeut, and 
 i;h of them had produced such an abundance of 
 isterpieces that it was difficult for a new genera- 
 II (if artists to produce new and original works, 
 ■nee the periods which followed could not do 
 icli more than imitate, and their productions are 
 ; tter or worse in proportion as they were founded 
 on the study of earlier works or not. But even 
 f[is period of eclecticism has nevertheless produced 
 iitues and groups worthy of the highest admira- 
 m, and wliich can be placed by the side of the 
 •St works of antiquity. The very slow decay of 
 le arts in comparison with the rapid decline of 
 .erature is indeed a strange phenomenon, 
 f During the first fifty years of this period the 
 hools of Praxiteles and that of Sicyon continued 
 ? flourish, especially in works of bronze ; but after 
 1' is time bronze statues were seldom made until the 
 
 I I was carried on with new vigour at Athens about 
 le end of the period. The school of Lysippus 
 i,ve rise to that of Rhodes, where his disciple 
 !iares formed the most celebrated among the liun- 
 cd colossal statues of the sun. It was seventy 
 bits high and partly of metal. It stood near the 
 iilHKir, and was thrown down by an earthquake 
 Hint '1'2S B. c. (Plin. //. A'^ xxxiv. 18 ; Meursius, 
 liuduK, i. 16.) Antiquarians assign to this part of 
 Ne fourth period several very beautiful works still 
 .'taut, as the magnificent group of Laocoon and 
 > Mills, which was discovered in 1506 near the 
 iths of Titus, and is at present at Rome. This 
 , next to Niobe, the most beautiful among the 
 vtiiut works of ancient art; it was according to 
 liny the work of three Rhodian artists : Agesan- 
 er, Polydorus, and Athenodorus. (Plin. H. N. 
 xxvi. 4. § II ; Lessiug's Laocoon.) The cele- 
 lated Farnesian bull is likewise the work of two 
 ihodian artists, ApoUonius and Taui'iscus. (Plin. 
 [.N. xxxvi. 4. § 10.) 
 
 ■ In the various kingdoms which arose out of the 
 mquests of Alexander the arts were more or less 
 dtivated, and not only were the great master- 
 'orks of former times copied to adorn the new ca- 
 litals, but new schools of artists sprang up in se- 
 eral of them. Alexandria, Pergamus and Seleucia 
 ivalled each other in art no less than in literature. 
 ■d Pergamus the celebrated groups were composed 
 /hich represented the victories of Attains and 
 iumenes over the Gauls. (Plin. xxxiv. 19. § 24; 
 'aus. i. 25. § 2 ; Plut. Anton. 60.) It is beUeved 
 y some (Mliller, Arch. p. 154) that the so-called 
 yiiig gladiator at Rome is a statue of a Gaul, 
 /hich originally belonged to one of these groups. 
 'Iphesus also had a flourishing school of art, which 
 .ppears to have followed in the main the style of 
 iVsippus, and excelled like that of Pergamus in 
 he representation of battle scenes. The Borghese 
 ghter in the Louvre is supposed to be the work of 
 n Ephesian Agasias, and to have originally formed 
 
 part of such a battle-scene. In Syi'ia too art 
 ourished at Antiochia until the time of Antiochus 
 v., before whose reign a number of statues had 
 Iready been carried away by Scipio. 
 
 In these new monarchies statues of the gods 
 vere seldom made, and when they were executed 
 hey were in most cases copies from earlier works, 
 s the ciiaracter in which the gods were repre- 
 ented liad gradually become fixed, and few artists 
 
 ventured to alter the forms, which had become 
 typical. Portrait-statues of kings increased, on 
 the other hand, to a gi'eat extent. The va- 
 nity of the kings and the flattery of the artists 
 created a new kind of statues : the princes wei'e 
 frequently identified with certain deities, and were 
 consequently represented as such with all the re- 
 quisite attributes. In many cases the mere bust 
 of a king was put upon the body of a statue of a 
 god. This was a most dangerous rock for artists ; 
 for the simple representation of a king in the shape 
 of a god, which connnenced as early as the time of 
 Alexander, was soon thought an insufficient mark 
 of veneration, and art degenerated into a mere in- 
 strument of the most vulgar flattery : pomp and 
 show and tasteless ornaments were mistaken for art. 
 Flattery towards the great was also shown in the 
 monstrous number of statues that were erected to 
 one and the same individual. Demetrius Phalereus 
 had 360, or according to others 1500 statues erected 
 to him. ( Athen. xii. p. 537 ; Pans. v. 24. § 3 ; 
 Clem. Alex. Protrcpt. iv. p. 16. ed. Sylb. ; Dion 
 Chrysost. Orat. 37. p. 122.) When the honour of 
 a statue ceased to be considered as a high distinc- 
 tion, and when it became necessary to produce 
 such numbers of statues, the workmanship natur- 
 ally became worse in proportion as the honour sank 
 in public estimation. During this time it became 
 customary to combine with the statues of kings 
 and generals sjTnbolical representations of towns, 
 which are called Tu^ai trS^euy. In Magna Graecia 
 art gradually fell into decay after the wars with 
 the Romans ; and the example of Capua, from 
 which all the statues were carried to Rome, aflFords 
 us an instance of the robberies and plunder which 
 were committed by the Romans in other towns of 
 Italy. But even after the Roman conquests the 
 cultivation of the plastic arts cannot have ceased 
 altogether, as we must infer from the nmnerous 
 works found at Pompeii, some of which possess a 
 higher degree of perfection and beauty than might 
 have been expected in works of so late a date. In 
 Sicily the activity of the artists appears to have 
 ceased after the Roman conquest, for the numerous 
 works with which Syracuse was adonied and with 
 which we are made acquainted by Cicero (e. Veir. 
 iv), mostly belong to an earlier period. 
 
 Shortly before the taking of Corinth by Mmn- 
 mius statues in bronze and marble were revived 
 at Athens ; and although the artists were far infe- 
 rior to those of former times, yet they still pro- 
 duced works of great excellence, as tliey showed 
 their good sense and 'taste by making the master- 
 works of their predecessors the subjects of study 
 and imitation. (Plin. //. A^. xxxiv. 19.) Among 
 those who contributed most to this revival of sta- 
 tuary were Cleomenes (who made the Medicean 
 Venus, an imitation of that of Cnidus, but inferior 
 in point of taste and delicacy), his son Cleomenes 
 (by whom there is a statue in the Louvre, which 
 shows an exquisite workmanship but little life), 
 Glycon, ApoUonius, and others. 
 
 About the close of this period and for more than 
 a century afterwards, the Romans, in the conquest 
 of the countries where the arts had flourished, 
 made it a regular practice to carry away the works 
 of art ; and as they were unable to appreciate their 
 value and merit, they acted in many cases no 
 better than rude barbarians, regarding the most 
 precious relics of art in no other light than that of 
 chairs and tables, which might be made again at 
 
908 
 
 STATUARY. 
 
 STATUARY. 
 
 pleasure and at any time. At first these robberies 
 were carried on with some moderation, as by Mar- 
 cellus at Syracuse and by Fabius Maximus at 
 Tarentum, and only with a view to adorn their 
 triumphs and the public buildings of Rome. The 
 triumphs over Philip, Antiochus, the Aetolians, 
 the Gauls in Asia, Perseus, Pseudo-Philip, and 
 above all the taking of Corinth, and subsequently 
 the victories over Mithridates and Cleopatra, filled 
 the Roman temples and porticoes with the greatest 
 variety of works of art. After the taking of Co- 
 rinth the Roman generals and governors of pro- 
 vinces began to show a kind of amateurship in 
 works of art, which was probablj' more owing to 
 the fashion prevailing among the Roman grandees 
 than to any real taste or love for the fine arts : 
 they now robbed whatever they could to adorn 
 their own residences. Sometimes either their ava- 
 rice or necessity induced them to melt down the 
 most precious works without any regard to artistic 
 worth. The sacrilegious plunder of temples and 
 the carrying away of the sacred statues from the 
 public sanctuaries, which had at first been pre- 
 vented to some extent by the pontiffs, became 
 afterwards a common practice. The manner in 
 which Verres acted in Sicily is but one of many 
 instances of the extent to wliich these robberies 
 were carried on. The emperors, especially Au- 
 gustus, Caligula, and Nero, followed these exam- 
 ples, and the immense number of statues which 
 notwithstanding all this remained at Rhodes, Del- 
 phi, Athens, and Olympia, is truly astonishing. 
 (See Vblkel, Ueher die Wi'tifiihrung der alten Kiiiist- 
 werke aus den eroherten L'dndern nacli Rom; MUl- 
 ler. Arch. p. 165, &c.) 
 
 Before we proceed to describe the state of statu- 
 ary during the last stage, in which Rome was the 
 centre of the ancient world, it will be necessary to 
 give an outline of the history of statuary among 
 the Etruscans and Romans down to the year 146 
 B. c. 
 
 Tiie Etruscans were on the whole an indus- 
 trious and enterprising people. Different hypo- 
 theses have been proposed to account for the cul- 
 tivation of the arts, in which this nation ex- 
 celled all others in central and northern Italy, as 
 well as for the pecuHar style in some of their pro- 
 ductions. Some wi'iters think that it was owing 
 to colonies from Lydia, which were established at 
 Caere and Tarquinii, others that the Etruscans 
 themselves were a Pelasgian tribe. With the 
 works of Grecian art they must have become ac- 
 quainted at an early time through their intercourse 
 with the Greeks of southern Italy, and their in- 
 fluence upon the art of the Etruscans is evident Lu 
 numerous cases. The East also appears to have 
 exercised some influence upon the Etruscans, as 
 many works of art found in Etruria contain pre- 
 cisely the same representations as those which we 
 find in Asia, especially among the Babylonians. 
 However this may have been effected, we know 
 for certain that the whole range of the fine arts 
 ■was cultivated by the Etruscans at an early period. 
 Statuary in clay (which here supplied the place of 
 wood, used in Greece) and in bronze ap- 
 
 pears to have acquired a high degree of perfection. 
 In 207 B. c. no less than 2000 bronze statues are 
 said to have existed at Volsinii (Plin. //. N. xxxiv. 
 16. 18 ; compare Vitruv. iii. 2), and numerous 
 works of Etruscan art are still extant, which show 
 great vigour and life, though they do not possess a 
 
 very high degree of beauty. Among them we m 
 mention the Chimaera of Arretium (at Florenc- 
 the Capitoline She-wolf (Dionys. i. 79 ; Liv. x.% 
 which was dedicated in B. c. 296 ; the Minerva 
 Arezzo (now at Florence), and others. Some 
 their statues are worked in a Greek style ; oth( 
 are of a character peculiar to themselves, and e 
 tirely different from works of Grecian art, bei 
 stiff and ugly ; others again are exaggerated a: 
 forced in their movements and attitudes, and i 
 semble the figures which we meet ■\vith in t 
 representations of Asiatic nations. Etruscan ute 
 sils of bronze, such as candelabra, paterae, cu] 
 thrones, &c., embellished with various ornamer 
 and figures, were very highly valued in antiquit 
 and even at Athens at a time when the arts we 
 still flourishing there. (Athen. i. p.28 ; xv. p.70( 
 Their works in stone, especially the alto and bass 
 relievos, which are found in considerable numbe 
 on chests containing the ashes of the dead, a 
 with few exceptions of very inferior merit. 
 
 The Romans previously to the time of the fii 
 Tarquin are said to have had no images of tl 
 gods ; and for a long time afterwards their statu 
 of gods in clay or wood were made by Etrusci 
 artists. (Plin. //. N. xxxv. 45 ; xxxiv. 16.) Du 
 ing the early part of the republic the wor! 
 executed at Rome were altogether of a useful ar 
 practical and not of an ornamental character ; ai 
 statuary was in consequence little cultivated. B 
 in the course of time the senate and the people, i 
 well as foreign states, which were indebted to son 
 Roman, began to erect bronze statues to distil 
 guished persons in the Forum and other place 
 (Plin. //. A^. xxxiv. 14.) The earliest works 
 this kind, which we can consider as really histoi 
 cal, are the statues of Attus Navius ( Plin. //. 1 
 xxxiv. II ; Cic. de Dirin. i. II ), of Minucius ou 
 side the Porta Trigemina, and of Pythagoras an 
 Alcibiades, which stood in the comers of tl 
 comitium from the year B. c. 314 down to the di 
 tatorship of Sulla. (PHn. H. N. xxxiv. 12.) Tl 
 last two statues were undoubtedly of Greek worl 
 manship. The earliest metal statue of a deit 
 was, according to Pliny, a Ceres which was mad 
 of the confiscated property of Spurius Cassia 
 about485 B. c. (Plin. xxxiv. 9.) Two other met; 
 statues of gods were the Capitoline Hercules, 30 
 B. c. (Liv. ix. 44), and the colossal statue of tli 
 Capitoline Jupiter, which, according to Livy, wf 
 made about 490 b. c. (Liv. ix. 40 ; x. 38 ; Plii 
 H. N. xxxiv. 18.) The number of statues of me 
 in the Forum appears soon to have become ver 
 great, and many persons seem to have had thei 
 erected there without any right : hence in 16 
 B. c. the censors P. Cornelius Scipio and M. Pop 
 lius removed from the Forum all statues of magi 
 trates, which had not been erected with tb 
 sanction of the senate or the people. (Plin. H. A 
 xxxiv. 14.) A statue of CorneUa, the mother ( 
 the Gracchi, stood in the porticus of Motellu; 
 The artists by whom these and other statues wer 
 executed, were undoubtedly Greeks and Etruscan: 
 
 V. Fifth Period, from 01. 158 (b. c. 146) to ilie 
 fall of the Western Empire. 
 
 During this period Rome was the capital ( 
 nearly the whole of the ancient world, not throug 
 its intellectual superiority, but by its military an 
 political power. But it nevertheless became th 
 centre of art and literature, as the artists resorte 
 
STATUARY. 
 
 STATUARY. 
 
 909 
 
 ither from all parts of the empire for the purpose 
 seeking employment in the houses of the great. 
 16 mass of the people, however, had as little taste 
 • and were as little concerned about the arts as ever, 
 [orat. adPis. 323; Petron. 88.) In addition to this 
 ere was stiD a strojig party of the Romans, who 
 her from an affected or an honest contempt for 
 |e Greeks, entertained the vain hope of being able 
 || restore the olden times. These circumstances 
 (count for the fact that a man like Cicero thought 
 necessary to conceal and disguise his love and 
 jiovvledge of the fine arts. It was, therefore, only 
 e most distinguished and intellectual Romans 
 ^at really lOved and cherished the arts. This was 
 jth a fortunate and an unfortunate circumstance : 
 ?d it not been so, art would have perished at 
 Ice ; now it continued in some degree to be culti- 
 tfd. but it experienced the same fate, which it 
 ^ mot with at all times, when it has contiiiued 
 l■\i^>tence without the sympathies of the people, j 
 d merely under the patronage of the great, 
 itwithstanding these unfavourable circumstances, 
 ! ■ were a number of distinguished artists at 
 !ih' (luring the latter period of the republic, who 
 il ivally imbibed the spirit of the ancient Greeks 
 (I produced works of great beauty and merit. 
 !■ need oidy mention such names as Pasiteles of 
 utlicrn Italy, who was a Roman citizen, and 
 an ivor}' statue of Jupiter for the temple of 
 i ti'lhis (Plin. H. N. xxxvi. 4. § 12); Arcesilaus, 
 nliom Pliny mentions several highly valued 
 'rl^s, and whose models were prized more than 
 ' ^t;ltues of others ; Decius, who even ventured 
 1 1\ :il Chares in the art of founding metal statues ; 
 axiU'les, Diogenes, and others. During the em- 
 r the arts declined, and, with some noble excep- 
 li^, merely administered to the vanity, luxuries, 
 '1 caprices of the emperors. (Senec. JEpitit. 88.) 
 la inertness of the times, says Pliny (//. N. 
 XV. 2), has destroyed the arts ; and as there 
 IV im more minds to be represented, the repre- 
 tatians of the bodies were likewise neglected, 
 aa-ianally, however, excellent and talented 
 iljitars still arose, and adorned the palaces of 
 ' emperors with beautiful groups. Pliny {H. jV. 
 xvi. 4. § 11 ) mentions as such Craterus, Pytho- 
 rus, Polydectes, Hermolans, a second Pythodo- 
 s, Artemon, and Aphrodisius of Trades. In the 
 lie of Nero, who did much for the arts, we 
 ■et with Zenodorus, a founder of metal statues, 
 10 was commissioned by the emperor to execute 
 colossal statue of 110 feet high, representing 
 ero as the Sun. The work- was not completely j 
 ecuted, as the art of using the metal had fallen 
 to oblivion. In A. D. 75 the statue was conse- 
 ited as a Sol, and was afterwards changed into a 
 itue of Commodus by altering the head. (Plin. 
 ■ A', xxxiv. 18 ; Herodian, i. 15.) The princi- 
 I ^1 alptured works that were produced during 
 ' empire, were, 1. Reliefs on public monuments, 
 l Ii as those adorning the triumphal arch of Titus, 
 iicli represented the apotheosis of the emperor, 
 d his triumph over Judaea. The invention and 
 luping of the figures are good and tasteful, but 
 ^' execution is careless. The same may be said 
 tile reliefs of the temple of Minerva in the Fo- 
 ni of Domitian, in which the drapery in particular 
 very bad. 2. Statues and busts of the emperors, 
 lese may again be divided into classes, and are 
 ^iest distinguished by the costumes in which they 
 : represented. They are (a) faithful portraits in 
 
 the costume of ordinary life (toga), or in the attire 
 of warriors (siatucui thoraaiiae) generally in an atti- 
 tude as if they were addressing a body of men, as, 
 e. (]. the colossal statue of Augustus in the palace 
 Grimani. To this class also belong the equestrian 
 statues, and the statues upon triumphal cars with 
 from two to six horses, and sometimes even with 
 elephants, which were frequently made for emperors 
 out of mere vanity, and without there having been 
 any real triumph to occasion such a work. (Dion 
 Cass. liii. 22 ; Stat. Silv. i. 1 ; Mart. ix. 69 ; Tacit. 
 <k< Orat. 8. 11 ; Juv. vii. 126; Plin. H. N. xxxiv. 
 10.) h. Such statues as were intended to show 
 the individual in an exalted, heroic or deified 
 character. Among those were reckoned the so- 
 called Achillean statues, which were first made in 
 the time of Augustus ; they were naked, and bore 
 a hasta in one hand (Plin. H. N. xxxiv. 10) : and 
 secondly, statues in a sitting position, with the 
 j upper part of the body naked, and a pallium cover- 
 ing the loins. These statues were intended to re- 
 present an emperor as Jupiter, but sometimes also 
 as an Apollo. (MUUer, Arch. p. 219.) This 
 method of representing an emperor as a god was 
 at first practised with much good taste. The 
 statues of the ladies of the imperial families are 
 likewise either simple and faithful portraits, or they 
 are idealized as goddesses : specimens of each kind 
 are still extant. The custom adopted in the Mace- 
 donian time, of combining allegorical representa- 
 tions of towns and provinces with the monuments 
 erected in honour of the sovereigns, was sometimes 
 followed bj' the Romans also, and some of them 
 were made by very distinguished artists. (Strab. 
 iv. p. 192; Midler, p. 220.) In the reign of 
 Trajan, the column of Trajan with sculptures re- 
 presenting the victory of this emperor over the 
 Dacians, and other similar works, were executed. 
 We also possess a beautiful colossal statue of Nerva 
 in the Vatican, and in the Louvre there is a beau- 
 tiful statua thoracata of Trajan, and several fine 
 busts of the same emperor. 
 
 Down to the reign of Hadrian statuary had be- 
 come more and more confined to the representation 
 of subjects of a common nature, so that at length 
 we scarcely find anything else but the records of 
 victories in the reliefs on the public monuments, 
 and the various kinds of statues of the emperors 
 and the members of their families. But in the 
 reign of Hadrian the arts seemed to begin a new 
 aera. He himself was undoubtedly a real lover 
 and connoisseur of art, and he encouraged it not 
 j only at Rome, but in Greece and Asia Minor. 
 The great Villa of Trajan below Tivoli, the ruins 
 of which cover an extent of ten Roman miles in 
 circumference, was richer in works of art than any 
 other place in Italy. Here more works of art have 
 been dug out of the ground than anywhere else 
 within the same compass. Hadrian was fond of 
 the ancient forms in art as well as in language, and 
 many works in the archaic style still extant may 
 have been executed at this time. Some statues 
 made at this time combine Egyptian stiffness with 
 Grecian elegance, and especially the representations 
 of Egyptian deities, such as that of Isis, are half 
 Greek and half Egyptian. But by the side of this 
 strange school, there existed another in which the 
 pure Greek style was cultivated, and which has 
 produced works worthy of the highest admiration. 
 Foremost among these stand the statues and busts 
 of Antinous, for whom the emperor entertained a 
 
910 
 
 STATUARY. 
 
 STATUARY. 
 
 passionate partiality, and who was represented in 
 innumerable works of art. The colossal bust of 
 Antinous in the Louvre is reckoned one of the 
 finest works of ancient art, and is placed by some 
 critics on an equality with the best works that 
 (i recce has produced. The two cent;uirs of black 
 marble on the Capitol probably belong to the reign 
 of Hadrian : one of them is executed in an old 
 and noble style, and is managed by a little Eros 
 riding on his back ; the other looks more like an 
 intoxicated Satyr. There are also some very 
 good works in red marble which are refeiTed to this 
 period, as it is not known to have been used before 
 the age of Hadrian. 
 
 As the arts had received such encom'agement 
 and brought forth such fruits in the reign of Ha- 
 drian, the effects remained visible for some tmie 
 during the reign of the Antonines. Antoninus 
 Pius built the great villa at Lanuvium, of which 
 ruins are stiU extant, and where many excellent 
 works of art have been discovered. But sophistry 
 and pedantic learning now began to regard tiie arts 
 with the same contempt as the ignorance of the 
 Romans had fonnerly done. The frieze of a tem- 
 ple, wliich the senate caused to be erected to 
 Antoninus Pius and Faustina, is adorned with 
 gritiins and vessels of very exquisite workmanship; 
 but the busts and statues of the emperors show in 
 many parts an affected elegance, while the features 
 of the countenance are tasteless and trivial copies 
 of nature. The best among the extant works of 
 this time are the equestrian statue of Marcus Aure- 
 lius of gilt bronze, which stands on the Capitol, 
 and the column of M. Aurelius with reliefs repre- 
 senting scenes of his war against the MiU'comanni. 
 The busts which we possess of M. Aurelius, Faus- 
 tina, and Lucius Verus, are executed with very 
 great aire, especially as regards the hair. The 
 number of ext:mt busts of the Antonines amounts 
 to above one hundred ; and the rate at which busts 
 of emperors were sometimes multiplied, may be 
 inferred from the fact, that the senate sometimes 
 ordained that the bust of an emperor should be in 
 the house of every citizen. 
 
 After the time of the Antonines'the symptoms 
 of decline in the arts became more and more visible. 
 The most numerous works continued to be busts 
 and statues of the emperors, but the best among 
 them are not free from alfectatiim and mannerism. 
 The hair, especiall}' in the rej)resentations of female 
 figiu'es, becomes gradually utterly tasteless, and 
 instead of the natural hair the artists made it a 
 point to show that it was a large peruque, which 
 in some cases might be put on and taken off at 
 pleasure. [Galerus.] In the time of Caracalla 
 many statues were made, especially of Alexander 
 the (ireat. Alexander Severas was a great ad- 
 mirer of statues, not from a genuine love of art, but 
 because he delighted in the representations of great 
 and good men. (Lamprid. Al. Sci\ 25.) The reliefs 
 on the triumphal arch of Septimius Severus, repre- 
 senting his victories over the Parthians, Arabs, 
 and the Adiabeuians, have scarcely any artistic 
 merits. During this time of deaiy the custom 
 arose of adorning the sarcophagi with figures in 
 high relief, representing scenes from the legends of 
 Demeter, Dionj-sus, and from the heroic ages of 
 Greece, sometimes also the fable of Eros and 
 Psyche : all these contained allusions to the im- 
 mortality of the soul. Art, however, now declined 
 with great rapidity : busts and statues were more 
 
 seldom made than before, and are awkwan 
 poor ; the hair is frequently indicated by no 
 else but holes bored in the stone. The relif 
 the sarcophagi gradually become monotonous, 
 less, and evidently executed without spirit, 
 reliefs on the arch of Constantine, which ar 
 taken from that of Trajan, are perfectly rudi 
 worthless, and those on the column of Theod 
 were not better. Art in the proper sense o 
 word ceased to exist ; statues of victors ii 
 public games continued to be erected down t 
 fourth, and statues of the emperors (at Const 
 nople) down to the eighth century ; but at R 
 as at Constantinople, those who were honourc 
 this way were more concerned about their 
 and dress being properly represented in 
 statues, than about the real artistic merit of 
 work. Statuary became mere manual labour, 
 required nothing but mechanical skiU. At 
 stantinople, however, where statues had been 
 lected from Rome, Greece, and Asia Minor, 
 events of history allowed the plastic arts to 
 away more gradually than in Italy. 
 
 Before concludiiig, it remains to say a few w 
 on the destruction of ancient works of art. Du 
 the latter part of the reign of Constantine ir 
 statues of the gods were destroyed and me 
 down, and not long after his time a systematic 
 struction began, which under Theodosius sp) 
 over all parts of the empire. This spirit of dest 
 tion, however, was not directed against work 
 art in general and as such, but only against 
 pagan idols. The opinion, therefore, which is 
 tertained by some, that the losses we have sust. 
 ed in works of ancient art, are mainly attribut; 
 to the introduction of Christianity, is too swee[ 
 and general. Of the same character is anoi 
 opinion, according to which the final decay of 
 cient art was a consequence of the spiritual na' 
 of the new religion. 'I'he coincidence of the gen 
 introduction of Christianity with the decay of 
 arts is merely accidental. That the early Christ; 
 did not despise the arts as such, is clear f 
 several facts. We know that they erected sta! 
 to their martyrs, of which we have a specimei 
 that of St. Hippolitus in the Vatican library ; 
 it is expressly stated that Christians devoted th 
 selves to the exercise of the arts. ( B;u'onius, ^1 « 
 ad A. 303.) The numerous works, lastly, wl 
 have been found in the Christian catacombs 
 Rome, might alone be a sufficient proof that 
 early Christians were not hostile towards the 
 presentation of the heroes of their religion in wc 
 of art. The hostility, such as it appears in 
 writings of Augustin, cannot therefore have l 
 general ; and in fact, Christianity during the r 
 die ages became as much the mother of the art 
 modem times, as the religion of Greece was 
 mother of ancient art. Another very general 
 yet incorrect notion is, that the northern barbar 
 after the conquest of Rome intentionally destro 
 works of art. This opinion is not supported 
 any of the contemporary historians, nor is it a 
 probable. The barbarians were only anxious 
 carry with them the most precious treasures 
 order to enrich themselves ; a statue must h 
 been an object of indifference to them. W 
 perished, perished naturally by the circumstai 
 and calamities of the times : in times of r 
 bronze statues were melted down and the mate 
 used for other purposes ; marble statues were 
 
STILUS. 
 
 STIPENDIUM. 
 
 911 
 
 'ently broken to pieces and used for building 
 t.terials. If wc consider the history of Rome 
 1 ring the first centuries after the conquest of Italy 
 I tlic Germans, we have every reason to wonder 
 
 it so many specimens of ancient art have come 
 ■Vn to our times. (Winckelmann, Gesch. dcr 
 ' '.ml ; Meyer, Gecch. der bildeiiden Kunstc hei den 
 \ieclien ; V. Thiersch, Uchi'.r die Epoclien dcr 
 ''lenden Kunst unlur den Grieclien ; K. 0. M'liller, 
 Hndhuch der Archmoloyie dcr Kmist, 2nd ed. 
 
 ';i5.) [L. S.] 
 
 '2TH"AAI. [FuNUS, p. 437.] 
 '20E'NIA, a festival with contests celebrated by 
 ; Argives in honour of Zeus surnamed Sthenius, 
 ' 10 had an altar consisting of a large rock in the 
 ' ighbourhood of Hennione. (Hesj'ch. s.v. Sflcvia : 
 npare Pans. ii. 32. § 7 ; 34. § 6.) Plutarch {de 
 us. p. 1140. c.) states that the iraKi) or wrestling, 
 Mich formed a part of the contests at this festival, 
 IS accompanied by the flute ; and he also mentions 
 radition according to which the festival had origi- 
 Uy been held in honour of Danaus, and that it was 
 erwards consecrated to Zeus Sthenius. [L. S.] 
 ISTIBA'DIUM. [Mens.i, p. 613.] 
 'STILLICI'DIUM. [Servitutes, p. 864.] 
 ^STILUS or STYLUS is in all probability the 
 jne word with the Greek (Ttv\os, and conveys 
 \: general idea of an object tapering like an 
 lihitectural column. It signifies, 
 I. An iron instrument (Ovid. Met. ix. 521 ; 
 irtial, xiv. 21), resembling a pencil in size and 
 ipe, used for writing upon waxed tablets. (Plant. 
 ■AxL iv. 4. 63 ; Plin. H. N. xxxiv. 14.) At one 
 '1 it was shai-pened to a point for scratching the 
 iracters upon the wax ((juintil. i. 1. § 27), while 
 ! other end being flat and circular served to 
 'ider the surface of the tablets smooth again, and 
 to obliterate what had been written. Thus, 
 •lere stiluni means to erase, and hence to correct, 
 in the well known precept saepc stilum vertas. 
 (or. Sat. i. 10. 72 ; Cic. c. Verr. ii. ii. 41.) The 
 'lus was also termed yraphium (Ovid. Amor, i. 
 . 23 ; Suet. Jul. 82), and the case in which it 
 IS kept yrapliiarium (Martial, xiv. 21 ) or grapliir 
 ia t/ieca. (Suet. Claud. 35.) The cut below is 
 m a picture found in Herculaneum. (Mus. 
 irbon. torn. vi. tav. 35.) 
 
 2. A sharp stake or spike placed in pitfalls be- 
 ■6 an eutrenchment to embarniss the progress of 
 
 attacking enemy. (Hell. African. 31 ; Silius, x. 
 
 5.) It was intended to answer the same pur- 
 |Se as the contrivances called cijrpi, lilia, and 
 mull by Caesar {B. G. vii. 73). 
 
 3. A bronze needle or rod for picking worms off 
 ut-trees (Pallad. iv. 10. § 20), also, a wooden 
 obe employed in gardening operations. (_Colu- 
 ell. XI, 3. § 53.) 
 
 It bears also the meaning of the stem of a tree 
 or vegetable (Columell. v. 10. § 21 ; xi. 3. § 46), 
 which is perhaps the primary signification of 
 (TTVKOS. [W. R.] 
 
 STIPENDIA'RII. The Stipendiariae urljes of 
 the Roman provinces were so denominated, as being 
 subject to the paj'ment of a fixed money tribute, 
 " stipendiura," in contradistinction to the vectiga- 
 les, who paid a certain portion, as a tenth or twen- 
 tieth of the produce of their lands, their cattle, or 
 customs. The word " stipendium" was used to 
 signify the tribute paid, as it was originally im- 
 posed for and afterwards appropriated to the pur- 
 pose of furnishing the Roman soldiers with pay 
 [stipendium, Liv. iv. 60; Tucii. Hist. iv. 74). The 
 condition of the urbes stipendiariae is genendly 
 thought to have been more honourable than that of 
 the vectigales, but the distinction between the two 
 terms was not always observed. (Liv. xxxvii. 35.) 
 The word stipendiarius is also applied to a person 
 who receives a fixed salary or pay, as a "■ stipen- 
 diarius miles" (Hirtius de Bell. Afrie, 43), a phrase 
 which is sometimes used to denote a veteran who 
 has received pay for many years, or served in many 
 campaigns. ( Veget. de Re Milit. i- 18.) Some 
 MSS. have stipendiosus in the passage last quoted, 
 which is perhaps a better reading. (Giittling, Gesch. 
 der Roin. Staatsverf. p. 418.) [R. W — n.] 
 
 STIPE'NDIUM, a pension or pay, from slipem 
 and / endo, because before silver was coined at 
 Rome the copper money in use was paid by weight 
 and not by tale. (Varro, L. L. v. 182. ed. Muller ; 
 Plin. H. N. XXX. 3.) According to Livy the prac- 
 tice of giving pay to the Roman soldiers {ut stipen- 
 dium miles de pahlico accij/eret) was not iutroduced 
 till B. c. 405, on the occasion of the taking of 
 Tarracina or Anxur. He represents tlie change as 
 the spontaneous and unsolicited act^of the senate, 
 but from another passage (iv. 36) we learn that in 
 the year 421 B. c. the tribunes had proposed that 
 the occupiers of the public land should pa}' their 
 vectiyal regularly, and that it should be devoted to 
 the paj'ment of the troops. The concession was pro- 
 bably accelerated by the prospect of the last war 
 with Veil, and made with a view of conciliating 
 the plebs, who without some such favour would in 
 their then humour have refused to vote for the war. 
 Livy also represents the funds for the payment to 
 have been raised by a tributum or general tax, but 
 as Arnold observes {/list, of Home, i. p. 369 ; com- 
 pare Niebuhr, ii. p. 440) "The vectigal, or tithe, 
 due from the occupiers of the public land, was to pro- 
 vide pay for the soldiers ; and if this were not sufli- 
 cient, it was to be made good by a tax or tribute 
 levied upon the whole peojjle. This tithe however 
 was probably paid very irregularly, and hence the 
 pay of the soldiers would in point of fact be provided 
 chiefly out of the tributum." A few years after 
 this concession (b. c. 403), and dm-ing the hostili- 
 ties against Veil, a certain amount of pay was 
 assigned (certus uumerus aeris est assiijnatus, Liv. v. 
 7) to the knights also or Equites, p. 394. Livy 
 however seems to be here speaking of the citizens 
 who possessed an equestrian fortune, but had no 
 horse (cjjuus puUicus) assigned to them by the state. 
 For it had always been customary for the knights 
 of the 18 centuries to receive pay out of the common 
 treasurj', in the shape of an allowance for the pur- 
 chase of a horse, and ayeai'ly pension of 2000 assc^s 
 for its keep. [Aes Euuestke; Aes Hi>rdearium.] 
 Hence Niebuhr (i. 474, and ii. p. 441) doubts the 
 
912 
 
 STIPENDIUM. 
 
 STOLA. 
 
 accuracy of the account which is given by Livy 
 (iv. 5!)), and observes that "the Veientine war 
 cannot have been the occasion on which the prac- 
 tice of giving pay to the troops was first establish- 
 ed : the aerarii must undoubtedly have always 
 continued to pay pensions {capita) to the infantry, 
 in the same way as single women and minors 
 did to the knights : and the change consisted in 
 tills, that every legionary now became entitled to 
 pay, whereas the number of pensioners had pre- 
 viously been limited by that of the persons hable 
 to be charged with them ; and hence the deficiency 
 was supplied out of the aerarium, from the produce 
 of the vectigal, and when this failed, by a tribute 
 levied even from those plebeians who were them- 
 selves bound to serve." Consequently the tribunes 
 raunmu'ed that the tribute was only imposed for 
 the sake of ruining the plebs. (Livy, iv. CO.) 
 In support of his opinion Niebuhr (/. c.) advances 
 arguments which at least make it very probable 
 that the "paternal legislation" of ServiusTullius pro- 
 vided for the pay of the infantry in the manner men- 
 tioned ; but even admitting this, the practice might 
 liave been discontinued so as to justify the state- 
 ment made on this subject by Livy. We have not 
 space to repeat or discuss those arguments here, 
 and therefore simply refer to them ui vol. i. p. 374, 
 and vol. ii. p. 441, of his History. According to 
 Polybius (vi. 37) the daily pay of a legionary 
 amounted, in his time, to two oboli, which, as he 
 makes a drachma equivalent to a denarius, and a 
 denarius in paying the soldiers was then estimated 
 at ten asses (Piin. I.e.), and not at sixteen, as was 
 usual in other money transactions, gives 3^ asses a 
 day, or 100 a month. Now the yearly pension of 
 the knights (1000 asses), observes Niebuhr, gives, 
 if we take the old year of 10 months, 200 asses a 
 month : just double the pay of the foot soldiers. 
 In later times the knights received triple pay {Iri- 
 plex siipendiiim merehant). This allowance was 
 first established by the military tribune Cn. Corne- 
 lius Cossus (400 B. c), and according to Niebuhr 
 was then designed as a compensation to those 
 who served with their own horses ; it did not 
 become the general custom till some time after- 
 wards. Polybius (vi. 37) thus speaks of the sti- 
 pendium of his day, which he calls o^pwvwv, as 
 St. Luke (iii. 14) also does. "The foot soldier 
 receives as pay two oboli a day : the centurion 
 twice as much : the horseman a drachma or dena- 
 rius. The foot soldiers also receive in com every 
 month an allowance {demensum) of •= of an Attic 
 medimnus or about 2 bushels of wheat : the horse- 
 men 7 medimni of barley and 2 of wheat. Tlie 
 infantry of the allies receive the same allowance 
 (iriTo/ieTpoucTai) as the Roman : the horsemen l-i 
 medinmi of wheat and 5 of barley. But there is 
 this difference, that the allied forces receive their 
 allowances as a gratuity ; the Roman soldiers, on 
 the contrary, have deducted from their pay the 
 money value of whatever they receive, in corn, 
 armour or clothes." There was indeed a law passed 
 by C. Gracchus (Plut. in vita ) which provided 
 tliat besides their pay the soldiers should receive 
 from the treasury an allowance for clothes ; but 
 from Tacitus {Am/, i. 17) this law seems either to 
 have been repealed or to have fallen into disuse. 
 Tlie two oboli of Polybius, which we make equal 
 to 3-i asses, are reckoned by Plautus in round num- 
 bers at 3 (wscs. Thus he says {Hlost. ii. L 10), 
 Isti qui trium nummorum causa subeunt sub 
 
 falas." This amount was doubled for the legion; 
 ries by Julius Caesar (Sueton. c. 20') before tl 
 civil war. He also gave them com whenever 1 
 had the means, without any restrictions {sine mot 
 iietisuraque). Under Augustus (Suet. Aug. c. 49 
 Tacit. I. c.) it appears to have been raised to 1 
 asses a day (three times the original sum), or 30 
 a month, or 1200 in four months. Now as tl 
 original amount of their pay had been tripled, tl 
 soldiers could not complain if the denarius wei 
 reckoned at 16 asses in papnents made to then 
 selves, as well as other persons ; and taking th 
 value, the 1200 asses amount to exactly 3 aun 
 or 3 X 400 asses. This sum then was considerc 
 as an unit, and called stipcndium, being paid thri 
 times a year. Hence Suetonius says of Domitia 
 (c. 7): " Addidit et quartum stipendium, terni 
 aureos:" a fact which Zonaras {Ann.u. p. 19( 
 otherwise expresses by stating, that instead of 7 
 drachmae (/. e. denarii) Domitian gave the soldie 
 100, i. e. he made an addition of 25 denarii or 
 aureus to their pay. The expression of Suetonii 
 supposes that 3 aurei were paid every quarter ii 
 stead of every four months, after the addition mac 
 by Domitian ; that of Zonaras implies, that 4 aur 
 instead of 3 were paid, as before, every thn 
 months, the annual amount being the same eith( 
 way, and the quarterly or four nujnths' instahnei 
 of 3 or 4 aurei being called a stipendium. Niebuhr 
 (ii. p. 443) statement on this subject is only pa 
 tially correct or else obscure : at any rate, if tl 
 soldiers received 10 asses a day they must ha\ 
 received more than 1200 a year. 
 
 The Praetorian cohorts received twice as muc 
 as the legionaries. (Tacit. 1. c.) The pay of tl 
 tribunes is not known ; but it was considered ver 
 great (Juven. iii. 132), and probably was not lei 
 than 48 aurei per annum, after the time of Uom 
 tian. We must not omit to mention that if h 
 pay were withheld the Roman soldier was allowe 
 by an old unwritten custom to distrain the gooi 
 {per 21 iy I/O}- is eupiuiiem) of the officer whose duty 
 was to supply it. The eques was allowed tl 
 same privilege against the persons who were boiui 
 to furnish him with the aes equestre, for the pu 
 chase of his horse, and the aes hordearimu for i 
 keep. (Gaius, lib. iv. § 20—28.) 
 
 From an expression which Livy (v. c. 4) pu 
 into the mouth of a patrician orator, it might I 
 supposed that the soldiers always received a fii 
 year's pay, independent of the length of their se 
 vice. This however seems so unreasonable, th; 
 we cannot but agree with Niebuhr in supposii: 
 that the historian was misled by the custom of h 
 own time, when a full year had long been the si 
 pulated term of a soldier's pay as well as of h 
 service. [R. W — N.] 
 
 STIPULA'TIO, STIPULA'TOR. [Oblig. 
 TioNES, p. 0"53, 654.] 
 
 STIVA. [Aratrum, p. 70.] 
 
 2TAErri'2. [AOTTPO'N, p. 578.] 
 
 2TOA'. [PORTICUS.] 
 
 STOXEPON. [HoROLOGiUM.] 
 
 STOLA, was a female dress worn over tl 
 tunic ; it came as low as the ankles or feet {ad tul 
 stola deiiiissa. Hot. Sat. i. 2. 99), and was fastenc 
 round the body by a girdle, leaving above tl 
 breast broad folds {ru</osiorem stola frontem, Mai 
 iii. 93. 4). The tunic did not reach mui 
 below the knee, but the essential distinction b 
 twcen the tunic and stola seems to have bee 
 
5TPATHrO'2. 
 
 2TPATHrO'2. 
 
 913 
 
 .at the latter always had an Instita or flounce 
 wed to the bottom and reaching to the instep, 
 lor. Sat. i. 2. 29 ; Ovid, Ai: Amat. i. 32.) Over 
 e Stola the Palla or Pallium was worn [Pal- 
 um], as we see in the cut annexed. (il/«s. 
 orbo?i. iii. tav. 7.) 
 
 The stola seems to have been usually fastened 
 it the shoulder by a Fibula or clasp, and usu- 
 y had sleeves, but not always. 
 The Stola was the characteristic dress of the 
 iman matrons as the toga was of the Roman 
 n. (Cic. Pliil. ii. 18.) Hence the meretrices 
 re not allowed to wear it, but only a dark- 
 oured toga (TibuU. iv. 10. 3 ; Mart. i. 36. 8) ; 
 a accordingly Horace {Sat. i. 2. G3) speaks of the 
 I'ltrona in contradistinction to the toi/ata. For 
 ' same reason women, who had been divorced 
 ni their husbands on account of adultery, were 
 t allowed to wear the Stola, but only the toga 
 ■liiil. ad Hor. I. c.) : to which Martial alludes 
 . 39 ; vi. 64. 4). See Becker, Gallus, i. p. 321, 
 
 STRA'GULUM. [Tapes.] 
 
 2TPATHrO'2. The office and title oi ffTparvySs, 
 
 General, seem to have been more especially pecu- 
 \ til the democratic states of ancient Greece : we 
 111 of them, for instance, at Athens, Tarentum, 
 racuse, Argos, and Thurii (Wachsmuth, i. ii. 
 ) ; and when the tyrants of the Ionian cities in 
 -iia Minor were deposed by Aristagoras, he esta- 
 shed tTTparriyo'i in their room, to act as chief 
 igistrates. (Herod, v. 38.) 
 
 The strategi at Athens were instituted after the 
 nodelling of the constitution by Clistheues, to 
 icharge the duties which had in former times 
 en performed either by the king or the Archon 
 
 . lemarchus. They were ten in number, one for 
 ;h of the ten tribes, and chosen by the suffrages 
 eipoToyi'a) of the people. (Pollux, viii. 87.) Be- 
 
 re entering on their duties, they were required to 
 bmit to a SoKi/xaata, or examination of their cha- 
 
 j:ter(Lysias, c.Alcih. 144); and no one was eligible 
 
 1 the office unless he had legitimate children, and 
 IS possessed of landed property in Attica. (Di- 
 rch. c. Demos. 99.) They were, as their name 
 
 I'liotes, entrusted with the command on military 
 
 t peditions, with the superintendence of all warlike 
 'parations, and with the regulation of all matters 
 any way connected with the war department of 
 ■ state. They levied and enlisted the soldiers 
 arcAelav), either personally or with the assis- 
 
 nce of the Taxiarchs. (Lysias, c. Aleib. 140 ; 
 0 J\fiHt. 114.) They were entrusted with the 
 
 collection and management of the tlcr(popa,i, or 
 property taxes raised for the purposes of war ; and 
 also presided over, or officiated as Ei'(ra7c<)767s in 
 the courts of justice in which any disputes connect- 
 ed with this subject or the trierarchy were decided. 
 (Wolf, ad Lcpt. p. 94 ; Demos, r. Lac: 940. 16.) 
 They also nominated from year to year persons 
 to serve as trierarchs (Demos, c. Boeoi. i. 997 ; 
 Xenoph. dc Hep. At/ien. 3), and took cognizance of 
 the cases of 'ANTI'AOSIS, arising out of the trie- 
 rarchy and property taxes {iiro'iovv rets acnSo- 
 <r€is, c. Phtenip. 1040). They also presided at 
 courts-martial and at the trials in cases of ac- 
 cusation for non- performance of military and naval 
 duties. ['A5TPATE1'A2 and 'ANATMAXI'OT 
 rPA4>Ar.] They Hkewise had the power of 
 convening extraordinary assemblies of the people 
 in cases of emergency ['EKKAHSI'A, p. 302], 
 and from the instance of Pericles it would al- 
 most seem that in critical times they had the 
 power of preventing an assembly being holden. 
 (Thucyd. ii. 22.) But their most important trust 
 was the command in war, and it depended upon 
 circumstances to how many of the number it was 
 given. At Marathon all the ten were present, and 
 the chief command came to each of them in turn. 
 The Archon Polemarchus also was there associated 
 with them, and according to the ancient custom, his 
 vote in a council of war was equal to that of any 
 of the generals. (Herod, vi. 109.) In the expedi- 
 tion against Samos, also, all the ten generals were 
 engaged (Thucyd. i. 116), the poet Sophocles 
 being one of the number (Miiller, Literature of 
 Ancieiit Greece, p. 338) ; but it is obvious that 
 in most cases it would be neither convenient nor 
 useful to send out the whole number on the same 
 undertaking, and during the course of a protracted 
 war it would be necessary for some of them to be 
 left at home, in charge of the war department 
 there. Accordingly, in the best times of Athens, 
 three only were for the most part sent out ; one of 
 these (rplTos aurffs) was considered as the com- 
 mander-in-chief, but his colleagues had an equal 
 voice in a council of war. Sometimes a strategus, 
 as Pericles, was invested with extraordinary pow- 
 ers (Thucyd. ii. 65) : in like manner, the three 
 generals engaged in the Sicilian expedition, Nicias, 
 Alcibiades, and Lamachus, were made avTOKpti- 
 Topes, or supreme and independent in all matters 
 connected, with it. (Thucyd. vi. 8, 26.) So also 
 was Aristides in his command at Plataea. But 
 even in ordinary cases the Athenian generals were 
 not fettered in the conduct of a campaign by any 
 council of war, or other controlling authority, as 
 the Spartan kings sometimes were ; still thej' were 
 responsible for it, and in the time of Demosthenes 
 {Philip. I. 53) exposed on the termination of their 
 command to capital indictment at the caprice of 
 the people, or from the malevolence of personal 
 einnity. {c. Mid. 535 ; c. Aristocr. 676.) Even 
 Pericles himself (Thucyd. ii. 65) was fined by the 
 people for imputed mismanagement, but really be- 
 cause the Athenians were disappointed in their 
 expectations. 
 
 In the times of Chabrias and Phocion, however, 
 the greater part of the generals regularly remained 
 at home to conduct the processions, &c., as the 
 citizens did to enjoy them, leaving their wars to 
 be conducted by mercenaries and their leaders. 
 (Wachsmuth, 11. 1. p. 410 ; Demos. Phil. i. 47. 
 12.) Some of them too were not commanders 
 
 3 N 
 
914 
 
 2TPATH'r02. 
 
 STRENA. 
 
 of all the troops, but only of the horse and foot 
 of separate armies (ffrpaTriyds 6 errl ruu oirKxv 
 or oirKnivV, and 6 eir\ tuv iinrloiv'): and one 
 of them, the general of the administration (6 €7rl 
 i-rjs 5ioiK7)iT6a)j), perfomied part of the judicial 
 labours of the strategi, and other civil services, 
 such as that of giving out the pay of the troops. 
 (I5ockh,.S'faafe/j.ii. c.7; Dfm.proC'oron. p. '20.5.11.) 
 We must also remember that the Athenian navy 
 as well as the army was commanded by the Stra- 
 tegi, whence the " praetoria navis" or flag-ship is 
 called (7TpoTr)7i's vavs. (Hermann, Lchrbiich, d. 
 grkch. Staafsall. § 1.52.) 
 
 The strategi at Athens were perhaps the most 
 important officers of the republic, especially during 
 war ; and amongst them are numbered some of her 
 most distinguished citizens, Miltiades,Theraistocles, 
 Pericles, Phocion, &c. But the generals of the 
 early times differed in many respects from the con- 
 temporaries of Demosthenes. Formerly the general 
 and the statesman were united in one person ; the 
 leader in the field was the leader in the assembly, 
 and thus acquired a double influence, accompanied 
 with a double responsibility. But in later times, 
 the general and the professed orator or statesman 
 were generally perfectly distinct (Isocr. rfe /Vk, 
 170), and the latter, as will always be the case 
 in free states, had by far the greater influence. 
 The last of the Athenian generals who was consi- 
 dered to unite the two characters, was Phocion, 
 who was general no less than forty-five times. 
 (Pint. rhoc. 5 ; Wachsmuth, i. ii. § 79.) Accord- 
 ingly the various parties into which the state was 
 then divided had each their orator and general, the 
 former acting as a recognized leader (Demos. Ob/n. 
 ii. ■2()) ; and a general, when absent on foreign 
 expeditions, was Uable to be maligned or misrepre- 
 sented to the people by an unfriendly and influen- 
 tial demagogue. (Demos, de Clicrson. 97. 12 ; Wach- 
 smuth, 1. c.) Hence we cannot wonder that the 
 generals of the age of Demosthenes were neither so 
 patriotic nor so distinguished as those of former 
 times, more especially when we call to mind, that 
 they were often the commanders of mercenary 
 troops, and not of citizens, whose presence might 
 have checked or animated them. Moreover, they 
 suffered in moral character by the contamination of 
 the mercenary leaders with whom they were asso- 
 ciated. The necessity they were under of provid- 
 ing their hired soldiers with pay, habituated them 
 to the practice of levying exactions from the allies; 
 the sums thus levied were not strictly accounted 
 for, and wluit should have been applied to the ser- 
 vice of the state was frequently spent by men like 
 Chares upon their own pleasures, or in the pur- 
 chase of a powerful orator. (Thirlwall, Hist of 
 Grcfcc, V. p. 214.) Another effect of the separa- 
 tion of the two characters, was that the responsi- 
 bility of the general and of the orator or minister 
 was lessened, and it was in most cases easy for a 
 general to purchase an apparently disinterested ad- 
 vocacy of his conduct. Tliere was this further 
 abuse connected with the system, that according to 
 Isocrates {dr. Pace, 108), militaiy command was 
 so much coveted, that the election of generals was 
 often detemiined by the most profligate bribery. 
 
 The most eminent generals of the time of De- 
 mosthenes were Timotheus, Chabrias, Iphicrates, 
 and Diopithes : Chares and Lysicles were inferior 
 to them both in loyalty and skill, but the former 
 and the mercenary Charidemus were frequently 
 
 employed. Towards the decline of the Rom; 
 empire the chief magistrate at Athens was call( 
 'S,TpaT7\y6^, or the Duke : Constantine bestow( 
 on him the title of Vliyas iTpartryos or the Grm 
 Duke. (Julian. Omt. i.) The military cliiefs 
 the Actolian and Achaean leagues were also calli 
 ^rpaTTiyoi. The Achaean 'S.rpariryoi had tl 
 power of convening a general assembly of t 
 league on extraordinary occasions. (Liv. xxxvi 
 11 ; Polyb. iv. 7. § 5.) [R. W— N.] 
 
 STRATO'RES. 1. Imperial Equerries subj( 
 to the Tribimus Stabuli. Their proper duty, 
 the name imports, was to saddle the horses ; th 
 also led them from the stable and assisted t 
 emperor to mount. Hence they were teniied 
 Greek avaSoK^ts. From the addition of miles 
 their title it appears that they were considered 
 part of the miUtary establishment. (Sparti. 
 Caracall. 7 ; Amm. Marcellin. xxx. 5 ; see E 
 cange, s. v.) Consuls and praetors had th' 
 stratores as we learn from inscriptions (Orell. Ins\ 
 n. 79!i. 3250. 3523), and perhaps aedUes al 
 (OreU. n. 1.584.) 
 
 2. Officers sent into the provinces to sel 
 horses for the stud of the prince or for the gene 
 ser\-ice of the st;ite. (Amm. Marcellin. xxix. 
 Cod. Theod. 8. tit. 8. s. 4 ; Cod. 12. tit. 2 
 Salmas. ad Capiiolin. M. Ardmiin. 8, ad. Treh 
 Poll. Valerian. 3.) These in all probability 1 
 longed to the same body with those mention 
 above ; the title stratores a publicis rationihus, 
 which they are usually distinguished in woi 
 upon Roman antiquities, rests upon no author 
 except the letters STR. A.P. R. in an inscripti 
 (Gruter, p. dlxix. n. 8), the interpretation 
 which is very doubtful. 
 
 3. Jailors under the orders of the Commen 
 ricasis or Chief Inspector of Prisons. (Cod. Thei 
 9. tit. 3. s. I.) To these Ulpian refers (Dig. 
 tit. 16. s. 4), " nemo proconsulum stratores si 
 habere potest, sed vice eonim milites ministe 
 in provinciis funguntur," although the passage 
 quoted in most dictionaries as bearing upon 1 
 stratores of the stable. (Compare the Noli 
 Dignitatuni Imperii Orientis, c. 13 and c. 101 
 Graevii T/tes. Rom. Ajdiq. torn. vii. p. 1375 a 
 p. 1G06.) 
 
 4. In the later Latin writers and especially 
 the monkish historians of the middle ages, strata 
 denote a chosen body of soldiers sent in advancf 
 an army to explore the country, to determiue 1 
 proper line of march, to select the spots best fit' 
 for encamping, and to make all the arrangcme 
 necessary for the safety and comfort of the trc 
 when they halted, their duties being in some 
 spccts analogous to those of the classical meiatoi 
 and in others to those of a modem corps-dc-r/ui 
 (Symmach. JSpiist. ad T/teod. et Vulcnl. 1 ; ] 
 cange, s. v.) 
 
 ,5. We find in an inscription the words D 
 MEDES Ap. Strator, which is generally und 
 stood to commemorate the labours of some Individ 
 in paving the Appian Way, and mention is m; 
 of stratores of this description in another insci 
 tion found at Mayence. (Orell. n. 1450 ; comp 
 Fuchs, Gescldchtc von Mainz.) [ W. R.J 
 
 STRENA, a present given on a festive day r 
 for the sake of good omen (Festus, s. v.), whenc 
 good omen is called by Plautus bona strena. {St 
 V. 2. 24.) It was however chiefly applied to a n 
 year's gift, to a present made on the Calends 
 
SUBSTITUTIO. 
 
 SUCCESSIO. 
 
 915 
 
 anuary. In accordance with a Senatusconsultum 
 ew year's gifts had to be presented ti) Augustus 
 1 the Capitol, even when he was absent. (Suet. 
 \vg. 57 ; comp. Dion Cass. liv. 35.) 'J'he person 
 no received such presents was accustomed to 
 "lake others in return (strenaram viiiiuniTcimii) ; 
 ut Tiberius, who did not like the custom on ac- 
 lunt of the trouble it gave him and also of the ex- 
 ■nso in making presents in rctnni, frequently left 
 (luic at the beginning of January, that he might 
 ,! out of the way (Dion Cass. Ivii. 8), and also 
 irictly forbade any such presents to be offered 
 sni after the first of January, as he used to be 
 inoyed by them during the whole of the month, 
 juet. Tib. 34; Dion Cass. Ivii. 17.) The custom, 
 [1 far as the emperor was concenied, tlius seems to 
 ive fallen almost entirely into disuse during the 
 ign of Tiberius. It was revived again by Caligula 
 iuet. Cal. 42 ; Dion Cass. lix. 24), but abolished 
 I ! Claudius (Dion Cass. Lx. 6) ; it nmst, however, 
 ive been restored afterwards, as wc find it men- 
 ined as late as the reigns of Theodosius and 
 rcadius. (Auson. Ep. xviii. 4 ; Symmach. Ep. 
 28.) 
 
 I STRIGIL. [Baths, p. 141 ; AOTTPO'N, p. 
 ■«■] 
 
 STRO'PHIUM (raivla, raivifiiov, aVo'Seff/tos) 
 las a girdle or belt woni \>y women round the 
 (east and over the inner tunic or chemise. (Non. 
 V. 8 ; i^reii strojihio bietuKies rinda pnpiUas, 
 itull. Ixiv. 65.) It appears from an epigram of 
 artial (xiv. 60) to have been usually made of 
 ither. (Becker, Gallus, i. p. 321.) 
 STRUCTOR. [CoENA, p. 252.] 
 STULTO'RUM FE'RIAE. [Fornacalia.] 
 STUPRUM. [Adultekium ; Concubina ; 
 
 I - I'UM.] 
 
 ^IVLUS. [Stilus.] 
 
 tSUBLIUA'CULUM or SUCCINCTO'RIUM 
 iafa)|Ua, irepi'fw/ia), drawers. (Josephus, A.J. iii. 
 
 1 .) This article of dress, or a bandage wound 
 'iiit the loins so as to answer the same purpose, 
 :s Kom by athletes at the public games of Greece 
 the earliest ages [Athletae] (faiaoi wr, Horn. 
 /. xviii. 30) : but the use of it was soon discon- 
 iuc il, and they went entirely naked. (Schol. in 
 mil. II. xxiii. 683; Isid. 0/-(V/. xviii. 17.) The 
 inians, on the contrary, and all other nations ex- 
 |it the Greeks, always adhered to the use of it in 
 '-■ir gymnastic exercises. (Thucyd. i. 6 ; Schol. 
 /'".,■ Clem. Alex. Pacrfaf/. iii. 9 ; Isid. OnV/. xix. 
 '.) It was also worn by actors on the stage (Cic. 
 
 . i. 35), by those who were employed in tread- 
 : ur.ipos [Torcular] {Geopon. vi. 11), and hy 
 ■ Unman popa at the sacrificijs, and it then re- 
 M'll the denomination ^i/H«s (Virg. xii. 120; 
 
 I viiis, in (or.), which name was also applied to it 
 u iii ii by Roman slaves. {Gell. N. A . x'u. 3.) 
 
 circumstance of the slaves in India wearing 
 N as their only covering (Strabo, xv. 1. § 73. p. 
 ii. rd. Sieb.) is agreeable to the practice of mo- 
 m slavery in the West Indies and other tropical 
 ' mtries. Some of the ancient Gauls had such a 
 ■ itcuipt for death as to descend into the field of 
 tl. naked with the exception of the subligaculum 
 '.Iniliing for the loins. (Diod. Sic. v. 2.0.) [J. Y.] 
 ■-nWCRl'PTIO CENSO'RIA. [Infamia ; 
 
 II A Cbnsoria.] 
 
 SIMSSECI'VA. [Leges Agrariae, p. 28.] 
 SUBSIGNA'NI. [Army (Roman), p. ,04.] 
 •^UBSTITU'TIO. [Heres (Roman), p. 476.] 
 
 SUBSTITU'TIO PUPILLA'RIS. [Heres 
 (Roman), p. 477.] 
 
 SUBTE'MEN. [Tela.] 
 SUBU'CULA. [Tunica.] 
 SUCCE'SSIO. This word is used to denote a 
 right which remains unchanged as such, but is 
 changed with reference to its subject. The change 
 is of such a nature that the right when viewed as 
 attached to a new person is founded on a preceding 
 right, is derived from it and depends upon it. The 
 right must accordingly begin to be attached to the 
 new person at the moment when it ceases to be at- 
 tached to the person who previously had it. Thus 
 in the case of the transfer of ownership by tradition, 
 the new ownership begins when the old ownership 
 ceases, and it only arises in case tlie former posses- 
 sor of the thing had the ownership, that is, prior 
 ownership is a necessary condition of subsequent 
 ownership. This kind of change in ownership is 
 called Successio. It follows from the definition of it 
 tliat Usucapion is not included in it. The successio 
 of a heres is included, for though there might be a 
 considerable interval between the death and the 
 aditio hereditatis when the hereditas was once taken 
 possession of, tlie act of aditio had by a legal fiction 
 relation to the time of the death. Thus whereas 
 we generally view persons who possess rights as the 
 pennanent substance and the rights as accidents, in 
 the case of Succession the right is the permanent 
 substance, which persists in a series of persons. 
 
 Tlie notion of Succession applies mainly though 
 not exclusively to property. With respect to the 
 law that relates to Familia, it applies so far as the 
 parts of the Familia partake of the nature of pro- 
 pertj', such as the power of a master over his slave, 
 and the case of Patronatus and Mancipii causa. 
 Thus the patria potestas and the condition of a wife 
 in manu may be objects of succession. It applies 
 also to the case of adoption. 
 
 Successio is divided into Singular Succession 
 and Universal Succession. These tenns conveni- 
 ently express the notion, but they were not Roman 
 terms. The Roman tenns were as follows : in 
 universum jus, in earn duntaxat rem succedere 
 (Dig. 21. tit. 3. s. 3) ; per universitatem, in rem 
 succedere (Gaius, ii. 97 ; Dig. 43. tit. 3. s. 1) ; in 
 omne jus mortui, in singuhrum renim dominium suc- 
 cedere (Dig. 29. tit. 2. s.37); in universa bona, in rei 
 tantum dominium succedere. (Dig. 39. tit. 2. s. 24.) 
 
 It is Singular succession when a single thing as 
 an object of ownership is transferred, or several 
 things together, when they are transferred as in- 
 dividual things and not as having relation to one 
 another in consequence of this accidental common 
 mode of transfer. 
 
 The object of Universal succession is property as 
 an ideal whole (imiversiias) without any reference 
 to its component parts. Yet the notion of succes- 
 sion applies as well to a fraction of this ideal whole 
 as to the unit which this ideal whole is conceived 
 to be ; for the whole property being viewed as a 
 unit, it may be conceived to be diWded into frac- 
 tional parts without any reference to the several 
 things which are included in the ideal whole. It 
 was also consistent with this species of succession 
 that many particular rights should be incapable of 
 being transferred : thus in the case of an hereditas 
 the ususfiuctus of the deceased did not pass to the 
 heres, and in the case of adrogation neither the 
 ususfructus nor the debts of the adrogated person, 
 according to the old law. 
 
 3 N 2 
 
916 
 
 2TK0*A'NTH2. 
 
 2TK0*A'NTH2. 
 
 The object of Universal succession is a Univer- ( 
 sitas as such, and it is by means of the words ( 
 Universitas and Universum, that the Romans de- i 
 note this kind of succession ; but it would be i 
 erroneous to infer from this use of the term that i 
 succession applies to all Universitates. . Its proper 
 appHcation is to propertj-, and the true character of 
 Universal succession is the immediate passing over 
 from one person to another of all the credits and 
 debts that belong or are attached to the property. 
 This happens in tlie case of an hereditas ; and in 
 the case of adrogation as to most matters. The 
 debts would be transferred by adrogation if this 
 were not accompanied with a capitis deminutio. 
 Credits and debts could not be transferred by 
 singular succession. 1 he cases of universal succes- 
 sion were limited and the notion could not be ap- 
 plied and made effectual at the pleasure of indivi- 
 duals. The most important cases of Universal 
 succession were the property of a deceased person ; 
 as hereditas, bonorum possessio, fideicommissaria 
 hereditas, and others of the like kind. The pro- 
 perty of a living person might be transferred in this 
 way, in the case of adrogatio, conventio in manum, 
 and the bonorum emtio. (Gains, ii. 98.) In many 
 other cases though the object is to transfer a whole 
 property, it is in fact effected by the transfer of 
 the several things: the following are instances of 
 this kind of transfer, the gift of a whole property, 
 or its being made a Dos, or being brought into a 
 Societas, or the sale of an hereditas by a hcres. 
 
 The notion of a Universal succession among the 
 Romans appears to have been derived from the 
 notion of the hereditas, to which it was necessary 
 to attach the credits and debts of the deceased and 
 the sacra. Other instances of Universal succession 
 such as the Bonorum Possessio grew out of the 
 notion of the hereditas ; and it was found con- 
 venient to extend it to otlier cases, such as Adro- 
 gation. But, as already observed, the extension of 
 the notion was not left to the pleasure of individ- 
 uals, and accordingly this doctrine was, to use a 
 Roman phrase. Juris Publici. 
 
 The words Succcssio, Successor, Succedere by 
 themselves have a general meaning and comprise 
 both kinds of Succession. Sometimes these words 
 by themselves signify universal succession, as ap- 
 pears from the context (Gaius, iii. 82), and by 
 such expressions as heredes ceterique successores. 
 In other cases the kind of succession is denoted by 
 appropriate words as per universitatem succedere, 
 acquirere, transire, in universum jus succedere, &c. 
 in the case of Universal Succession ; and in rem, 
 in rei dominium, in singularum rerum dominium 
 succedere, &c. in the case of Singidar Succession. 
 
 In the phrase "per universitatem succedere" the 
 notion of universal succession is not directly ex- 
 pressed ; for the phrase has immediate reference to 
 the acquisition of a single thing, and it is only bj' 
 means of the word Universitas that we express 
 the notion that the acquisition of the individual 
 thing is effected by means of the acquisition of the 
 whole. 
 
 (Savigny, System, (Jc. iii. p. 8 ; Grains, ii. 97, &c.; 
 Austin's Outline of a course of Lectures on General 
 Jurisprude7ice may also be consulted as to the sub- 
 ject of this article.) [G. L.] 
 
 SUCCESSOR. [Smccessio.] 
 
 SUCCINCTO'RIUM. [Subligaculum.] 
 
 2TK0*A'NTK5. At an early period in Attic 
 history a law was made prohibiting the exportation 
 
 of figs. Whether it was made in a time of deartl 
 or through the foolish policy of preserving to tl 
 natives the most valuable of their productions, w 
 cannot say. It appears, however, that the la 
 continued "in force long after the cause of its enac 
 mcnt, or the general belief of its utility, had cease 
 to exist; and Attic fig-growers exported their fru 
 in spite of prohibitions and penalties. To infer 
 against a man for so doing was considered bars 
 and vexatious ; as all people are apt to think th: 
 obsolete statutes may be infringed with impunit 
 Hence the term cruK;o(^oi'T6r>', which originally si 
 nified to lay an ivformation against anollier for e 
 porting figs, came to be applied to all ill-nature 
 malicious, groundless, and vexatious accusatior 
 It is defined by Suidas, ^/euSfos tivos KOTijYopei 
 ( Stephan. The'saur. 8873. b.) .\s to a differe 
 origin of the word, see Biickh, Staatsh. der A Ik 
 i. 46'. 
 
 'SvKO<pdvTris in the time of Aristophanes ai 
 Demosthenes designated a person of a peculi 
 class, not capable of being described Ijy any sinj 
 word in our language, but well understood and a 
 preciated by an Athenian. He had not much 
 common with our sycophant, but was a happy coi 
 pound of the common barretor, informer, pettifoggt 
 husyhody, rogue, liar, and slanderer. The Atheni 
 law permitted any citizen (rov fiovKoixevov) to gi 
 information against public offenders, and prosecu 
 them in courts of justice. It was the policy oft 
 legislator to encourage the detection of crime, a' 
 a reward (such as half the penalty) was frequent 
 given to the success."d accuser. Such a pow 
 with such a tcmptatiorf;^vas likely to be abus< 
 unless checked by the force of public opinion, 
 the vigilance of the judicial tribunals. Unfori 
 nately, the character of the Athenian democra 
 and the temper of the judges furnished additioi 
 incentives to the informer. Eminent statesm( 
 orators, generals, magistrates, and all persons 
 wealth and influence were regarded with jealou 
 by the people. The more causes came into cou 
 the more fees accrued to the judges, and fines a 
 confiscations enriched the public treasury. T 
 prosecutor therefore in public causes, as well as 1 
 plaintiff in civil, was looked on with a more favo 
 able eye than the defendant, and the chances 
 success made the emplojnncnt a lucrative one. 
 was not always necessary to go to trial or even 
 commence legal proceedings. The timid defend; 
 was glad to compromise the cause, and the c 
 scious delinquent to avert the threat of a prose' 
 , tion by paying a sum of money to his oppone 
 1 Thriving informers found it not very difficult 
 procure witnesses, and the profits were di\^ded 
 ! tween them. According to Theophrastus {up Ath 
 vi. 254 b.), Athens was full of AlOl'v(roKo^d^ 
 I Kol Kutto^vtHv koL ^evSofiapTvpuv Koi (TVKOcpav: 
 Ka\ <J/£uSoKAr)TT)pwc. The character of the ffti 
 \ (pdvTat will be best understood by the examp 
 I and descriptions found in the Attic writers. A 
 I tophanes directs the keenest edge of his sat 
 against them. (See particulariy Acharn. 81 
 ; Aves, 1410; Pint. 8.50.) Demosthenes sa; 
 ! TTovripov 6 avKo^dvTris koI fidaKavov Koi (piAah 
 ■ (de Coron. 307 ; compare c. Eubul. 1309). 
 (pavruv TpiaKovra /xvas in Lysias (c. Evand. 1 
 ed. Steph.) signifies "to extort thirty minas 
 Sycophant-like practices." (See further Lys. A 
 ; KoTfflA. AiroA. 171 ; Aesch. de Pais. Leg. 36. 
 1 Steph. ; Dem. de Cor. 291 ; Xenoph. Mem. ii. ! 
 
SUFFRAGIUM. 
 
 2TAAI. 
 
 917 
 
 ; de Rep. Aih. i. 4.) That the increase of liti- 
 Jition and perjury was in some measure owing to 
 'c establishment of clubs and political associations 
 III the violence of party spirit, may be gathered 
 111 various passages of the Attic writers. (Thu- 
 li. ^ iii. 54 ; Demosth. c. Boeot, de dote, 1010 ; 
 l'.uit„en. 978 ; c. Zcnoih. 885.) 
 The Atlienian law did indeed provide a remedy 
 aainst this mischievous class of men. There was 
 \-ypaip-t\ <TVKo(pavTtas tried before the Thesmothe- 
 Any person who brought a false charge 
 linst another, or extorted money by threat of 
 ; loceodings, or suborned false witnesses, or 
 .1 ill a conspiracy to ruin the character of an 
 ut man, was liable to this ypaipij. He might 
 ' proceeded against by (pdais, evSet^is, 
 ■•yi), TrpoSoKrj or etffayyiXla. (See articles 
 i &c.; Aesch. de Fals. Ley. 47. ed. Steph.; 
 111. c. T/icocr. 1325.) The trial was an dydv 
 i'?To's. The heaviest punishment might be in- 
 trd, together with arifiia and contiscation of 
 '[I Tty. Besides this, if any man brouglit a cri- 
 :m1 charge against another, and neglected to 
 - ' lite it (67re^6\9€?v), he was liable to a pe- 
 1' 1000 drachmas, and lost the privilege of 
 ling a similar proceeding in future, which 
 • "iisidered to be a species of aTifila. (Dem. 
 I I// /. 548; c. Tlivoci: 1323.) The same conse- 
 TiK r followed, if he failed to obtain a fifth part 
 I tin- votes at the trial. The iiriii§e\la in civil 
 i i'lns was a penalty of the same kind and having 
 1 ^aine object : viz., to prevent the abuse of 
 1 il |irocess, and check frivolous and unjust ac- 
 iii^. Such were the remedies provided by law, 
 1: iliry were found inetticacious in practice ; and 
 t wi.ids of Aristophanes (Piatus, 885) were not 
 1 IV M vere than true: "there is no charm against 
 I liitc of a (ruKo0os'Ti)5." (See Phitner, Proe. 
 i KInfi. ii. I(i4 ; Meier, Att. Proe. 335 ; Schii- 
 1 ail. Ant. .Jut: pub. Gr. 101. 185 ; Wachsmuth, 
 1 . i:.7; Pollux, viii. 31. 4G, 47. 88.) [C. H. K.] 
 iTKO*ANTI'A2 rPA^H'. [2rKO*A'NTH2.] 
 ^I DA'TIO, SUDATU'RIUM. [Baths, p. 
 I'.l 
 
 I KRA'GIA SEX. [Equites, p. 395.] 
 I'RA'GIUM, a vote. At Athens the 
 1 the popular assemblies and the courts of 
 \>as either by show of hands or by ballot, 
 I i> explained under XEIPOTONEFN and 
 '\ '1'02. It is commonly supposed that at Rome 
 1 pi 'iple were alwaj's polled in the comitia by 
 1 il I if mouth, till the passing of the Leges Tabel- 
 I 1 ■ almut the middle of the second century 
 ■ ' Clirist [T.iBELLARiAE Leges], when the 
 "1 liy means of tabellae was introduced. [Ta- 
 11-1 Wunder (CWcr i?/;/«te«s«, p. clxvii. &c.) 
 I ' \' i' has shown, that the popular assemblies 
 I d liy ballot, as well as by word of mouth, long 
 J H I- the passing of the Leges Tabellariae, but 
 ; t instead of using tabellae they employed stones 
 ) 'i lilih's (the Greek i|/r)(/)oi), and that each voter 
 ■ ui il two stones, one white and the other 
 ) 1;. the former to be used in the approval and 
 ; lattrr in the condemnation of a measure. The 
 11'.^ bj' word of mouth seems to have been 
 1 pti il in elections and trials, and the use of 
 ililr^ to have been confined to the enactment 
 1 I V I i.-al of laws. That the latter mode of voting 
 I'ljited in earl}' times is proved by many 
 I if Dionysius, and especially by x. 41 ; (is 
 1 i,.iui aTnjTei rds ^ri<pous, oi vewraTOi tuiv Trarpi- 
 
 kIwv — Tct dyyfia r£v tf/ijcpoiv rods €Xo'''''as d(p- 
 ppovvTo, and xi. 52 : (K^Kivcrav Ka^ldKov Teflrjcai 
 iirep rfjs TroAeois 'Pw/j-aiav, Kad' eKdaTriv fvKriu, els 
 ov dTToBijaovTai rds tf/rj<povs. It is also continned by 
 the common expressions used with respect to vot- 
 ing, as suJfrui/iuM /erre, mitlere in sujf'rayia, inire, 
 or ire in siiffra<jia, which lead us to suppose that 
 the suffragium probably signified something which 
 was put by the hand from one place into another. 
 For if the Romans had from the first been polled 
 only by word of mouth, it is scarcely possible that 
 such an expression as snff rayium ferre would have 
 been used, when they had nothing to carry; but 
 on the contrary, some such word as dicere would 
 have been employed, more especially as it is cer- 
 tain that in the most ancient times those who 
 voted by word of mouth did not go up one by one 
 to the officer who received the votes, but remained 
 in their places, and were asked for their votes by 
 tlie Royuiores, who thence derived their name. 
 Besides which the word siiffrayium can scarcely 
 signify the same as sententia or vox. The etymo- 
 logy is uncertain, for the opinions of those who 
 connect it with (ppd^eaBat or/rayor do not deserve 
 notice. Wunder thinks that it may possibly be 
 allied with sajfrciyn, and signified originally an 
 ankle-bone or knuckle-bone. (.)n the passing of 
 the Leges Tabellariae the voting with stones or 
 pebbles went out of use. For further particulars 
 with respect to the voting in the comitia, see 
 Comitia, p. 274 ; Diribitores ; Situla ; Ta- 
 bella ; Tabellariae Leges. 
 
 Those who had the Jus Suffrayii or the right of 
 voting in the comitia, as well as the capacity of 
 enjoying magistracies, were citizens optiiuo jure. 
 [CiviTAS (Roman), p. 287.] 
 
 SUGGESTUS means in general any elevated 
 place made of materials heaped up (sub and yero), 
 and is specially applied : 1. To the stage or pulpit 
 from which the orators addressed the people in the 
 comitia. [Rostra.] 2. To the elevation from 
 which a general addressed the soldiers. (Tacit. 
 Hist. i. 35.) 3. To the elevated seat from which 
 the emperor beheld the public games (Suet. Jul. 
 7() ; Plin. Paney. 51), also called cubiculum. [Cu- 
 
 BICULUM.] 
 
 SUGGRUNDA'RIUM. [Fu.vus, p. 440.] 
 SUI HERE'DES. [Heres (Roman), p. 476, 
 477.] 
 
 2T"AAI. When a Greek state, or any of its 
 members, had received an injury or insult from 
 some other state or some of its members, and the 
 former was unwilling, or not in a condition, to de- 
 clare open war, it was not unusual to give a com- 
 mission, or grant public authority to individuals to 
 make reprisals. This was called avKas, or auAa, 
 SiSo'rai. (Demosth. c. Lacrit. 931 ; Lysias, c.Nicom. 
 185. ed Steph.) Polybius (iv. 20. 3G. S3) calls it 
 Kd<pvpov or pvaia KarayyeWfiv. Thus, when the 
 Lacedaemonians thought the Athenians had broken 
 the treaty with them by making inciu'sions from 
 Pylus, they issued a proclamation that any of their 
 subjects might commit depredations on the Athe- 
 nians (A7)ifecr9ai tovs 'ABrjvaiovs, Thucyd. v. IIS). 
 Demosthenes [de Coron. Trierarck. 1232) declares 
 that the deputy captains of triremes so misbehaved 
 themselves in foreign countries, plundering every- 
 body they came near, that no Athenian could tra- 
 vel safel}' Sid rds u;ro TOVTuif dvSpoKri'p'ias Kal (TvKas 
 KareaKevaafievas, where avSpoKr/ipias refers to the 
 arrest of the person, trvKas to the seizure of goods. 
 
918 
 
 STMBO'AAION. 
 
 STMBO'AnN, 'AnO\ AI'KAI. 
 
 Suidas explains avAai by the synonym avWritpeis. 
 As to dc5poXr)i(/i'ai for another purpose, see <I>0'N02. 
 In the vavriKrl airyypa(pr) in the speech of Demos- i 
 thenes (c. Lacr. 927), one of the conditions is that 
 goods may be landed only ovov &v jur) avAai 3)<jiv 
 'ABrivalois, " where no hostilities are exercised 
 against Athenians." The people of Athens passed 
 a special decree to authorise privateering ; and 
 when any booty was taken by Athenian subjects, 
 they reserved to themselves the right of determin- 
 ing whether it was lawfully taken, whether it 
 ought to be kept or restored, and what should be 
 done with it. (Demosth. c. Timocr. 703 ; Argum. 
 694, 69.').) The ancient practice may be compared 
 with the modem one of granting letters of marque 
 and reprisal. (Harpocr. s. v. SuAas: Schumann, ilc 
 Comit. 284 ; Ant.Jur.Pub. Gr. 307.) [C. R. K.] 
 STAAOrErS, usually called :iv\Xoyiis rod 
 Si^fiov, or the Collectors of the People, were special 
 commissioners at Athens, who made out a list of 
 the property of the oligarchs previously to its con- 
 fiscation. (Le,r li/ici. p. 304. Bekkcr.) They form- 
 ed an dpxv (Harpocr. s.v. SuAAoyri), and seem to 
 have been introduced after the dominion of the 
 Thirty Tyrants. It appears from an inscription 
 that the cru\Koye7s had to attend to the sacred rites 
 connected with the worship of Athena and the 
 Olympian Zeus, whence Biickh conjectures that 
 they collected or summoned the citizens to certain 
 sacred rites, in which the people were feasted, and 
 that fi'om this circumstance they derived their 
 name : the property of the oligarchs, of wliich they 
 are said to have made out a list for the purpose of 
 confiscation, may have been applied to tliese public 
 banquets, since confiscated property was not unfre- 
 quently divided among the citizens. (Corjms Inscr. 
 Oraee. No. 99. p. 137, 138 ; No. 157. p. 250.) 
 
 SULPl'CIAE LEGES. [Lex, p. 565.] 
 
 2TMBO'AAION, STNA'AAAFMA, STNSH'KH, 
 are all words used to signify a contract, but are 
 distinguishable from one another. 'S.vfxSoKawv is 
 used of contracts and bargains between private 
 persons, and peculiarly of loans of money. Thus, 
 (T\)fiSa\itv els di'SpdiToSoi' is, to lend upon the 
 security of a slave. (Demosth. c. Aphoh. 822 ; c. 
 Zenulh. 884 ; c. Plmrm. 907 ; c. Timoth. 1185 ; c. 
 Dkinys. 1284.) 'S.vvo.KKayfxa signifies any matter 
 negotiated or transacted between two or more per- 
 sons, whether a contract or anything else. (De- 
 mosth. c. Onet. 867. 869 ; c. Timocr. 760.) Suv- 
 Gtikti is used of more solemn and important 
 contracts, not only of those made between private 
 individuals, but also of treaties and conventions 
 between kings and states. (Thucyd. i. 40 ; v. 18 ; 
 viii. 37 ; Xenoph. Hell. vii. 1. § 2 ; Demosth. de 
 Uhod. lib. 199 ; de Coron. 251 ; c. Aristog. 774 ; 
 Dinarch. c. Demosth. 101. ed. Steph.) 
 
 As to the necessity or advantage of having 
 written agreements between individuals, see 2Tr- 
 rPA4>H'. National compacts, on accoimt of their 
 great importance, and the impossibihty of other- 
 wise preserving evidence of them, were almost 
 always committed to writing, and commoidy in- 
 scribed on pillars or tablets of some durable mate- 
 rial. (Thucyd. v. 23. 47 ; see Aristoph. Adiarn. 
 727.) Upon a breach, or on the expiration, of 
 the treaty, the pillars were taken down. (Demosth. 
 pro Megalopol. 209.) 
 
 For breaches of contract actions were maintain- 
 able at Athens, called avixSoAa'iwv (or avv6r]Kwv) 
 TrapaSdaeus SiKai. (Pollux, vi. 153 ; viii. 31.) 
 
 Such actions, it is apprehended, applied only to e 
 press contracts, not to oUigations cj- di'licto, or t 
 aKovaia (TwaWdyfiara of Aristotle. (Ethic. Nice 
 V. 4.) Thus, if I had promised to pay a siun 
 money by a certain day, and failed to perfonn th 
 promise, an action for breach of contract wou 
 have lain at Athens. But if my cow had brok 
 my neighbour's fence, my obligation to repair t 
 damage would have given rise not to an action ! 
 breach of contract, but to a Si'icr) /3Aa§r)s. (Meier,.(l 
 Proc. 476, 477.) On the other hand, a SiKr; fixdi 
 would lie against a person who had committei 
 breach of contract ; for he was regarded as a wroi 
 doer, and liable to pay compensation to the pai 
 injured. Therefore Dionysodorus, who had fail 
 to perform the conditions of a vavriKT) avyypcu 
 had a S'ikti pxdSris brought against him by the p 
 sons who lent him money on his ship. (Demos 
 1282 ; see also^^ro Phunn. 950 ; c. ddlijrp. 124 
 The Athenian law frequently gave an option 
 tween various fonus of action. It is not, howev 
 improbable that the Si'/ctj auvBriKav irapaSdai 
 was only one species of the Sikt; fiKaS-qs, and I 
 name one of a less technical Irind. Wherevei 
 debt had become due to a man by reason of so 
 previous contract, we may suppose that he had ■ 
 option between an action of debt (xp^ous) a 
 one for breach of contract. Tlie same observat 
 will apply to the Si'/cai 7rapa/coTa9i)Kr)s, dpyvpi 
 and others of a similar kind. The main point 
 diiference might be this : that in a general act 
 for breach of contract, the plaintiff went for i 
 liquidated damages, which the court had to asse 
 whereas, upon a claim to recover a debt or s 
 certain, or a specific chattel, the court had noth 
 more to do than to determine whether the i)laiu 
 was entitled to it or not ; tlie dyiiv was aTiVrjT 
 All such actions were tried before the ©eer/ioOfi 
 (Meier, Att. Proc. 67. 184. 493—497. 510.) 
 
 'Op-oKoy'ia appears to be a word of less techni 
 nature than cruvflrjKr;, though (as we might exp 
 in words of this sort) they are often used indifl 
 , ently. Grammarians make them synonjTUO 
 (Harpocr. s. v. 'AavvdeTwraTov : Suidas, s. i'. 2 
 driKT].) Svv6-qKas iroieiaBai or TideaBai fxerd ti 
 . is, to make an agreement with any one ; tup-h 
 
 • Tois (TvvB-^Kais, to abide by it ; iirepSalviLV 
 
 ■ napaSaivfiv, to break or transgress. Here we n 
 
 ■ oljserve, that (Tvv6i)Kai is constantly used in 
 
 ■ plural, instead of avvB'/iKri, the only ditfere 
 ; being, that strictly the former signifies the tei 
 ! or articles of agreement, in the same manner 
 > Siofl^Koi, the testamentary dispositions., is put 
 ; SiaflrjKr), tlut will. 'S.v/j.SoAov also signifies a ci 
 ! pact or agreement, but had become (in Attic \. 
 ; lance) obsolete in this sense, except in the expi 
 
 sion Skai diro <TvfiS6\a>u. [See 2T'MBOAnN, & 
 ; [C. R. K. 
 
 2TMBOAAl'nN nAPABA'2En2 AI'KH. [21 
 - BO'AAION.] 
 
 2TMBO'AnN, 'AnO\ AI'KAI. The anci 
 t Greek states had no well defined intematio 
 
 ■ law for the protection of their respective m( 
 
 • bers. In the earlier times troops of robbers u 
 . to roam about from one country to anotl 
 f and commit aggressions upon individuals, v 
 . in their turn made reprisals, and took the 1 
 
 into their own hands. Even when the state ti 
 
 ■ upon itself to resent the injury done to its memh' 
 I a violent remedy was resorted to, sucli as 
 I giving authority to take ffuAa, or pucria, a sor 
 
STMBO'AnN, 'Ano', AI'KAI. 
 
 tmnal^ distress. As the Greeks advanced in 
 ■ ilization, and a closer intercourse sprang up 
 iimi^ them, disputes between the natives of dif- 
 VI it countries were settled (whenever it was 
 -ilile) l)y friendly negotiation. It soon began 
 I < \adent, that it would be much better, if, in- 
 't any interference on the p.vt of the state, 
 disputes could be decided by legal process, 
 in the one country or the other. Among 
 people, however, the laws were so framed, 
 render the administration of justice more 
 liile to a citizen than to a foreigner; and 
 le It would be disadvantageous, and often 
 ' 'US, to sue a man, or be sued by him, in his 
 ' ' Kuntry. The most friendly relation might 
 bsist between two states, such as fru/t/ioxfc or 
 liya/iio, and yet the natives of each be exposed 
 this disadvantage in their mutual intercourse. 
 ' "liviate such an evil, it was necessary to have a 
 11 lal agreement, declaring the conditions upon 
 iich justice was to be reciprocally administered, 
 iteniational contracts of this kind were called 
 i/xSoAa, defined !>y Suidas thus, a-vvdijKai as dv 
 \\riKats a'l wo\ets 3-tfi(vai TaTTam tois iroKtrais, 
 'rT€ SiSJrai Kal \a/i§dveiv to. S'lKaia : and the 
 uses tried in pursuance of such contracts were 
 lied SiKoi d-To (Tuti€6A(ap. The more constant 
 'I II. ore imporUtnt the intercourse between any 
 
 II nations, the more necessary would it be for 
 I 111 to establish a good system of international 
 i i^inudence. Commercial people would stand in 
 
 III "fit the most. Aristotle mentions the Tus- 
 iis and Carthaginians as having av/jLSoXa irepl 
 V M dSiKfTv. \PoLit. iii. 1. 3. and 5. 10.) No 
 l'i :i'_'reement has been preserved to us, and we 
 iiiw but little about the tenns that were usually 
 
 iescribed. The basis of them seems to have been 
 Pe principle that actor setimtar forum rei; but 
 is, as well as other conditions, must have varied 
 ,'cording to circumstances. Liberty of person, and 
 totection of property, woidd, no doubt, be secured 
 ' the foreigner, as far as possible ; and it would 
 J' the duty of the irp6t,(vos to see tliat these rights 
 bre respected. A common provision was, that 
 te party who lost his cause might appeal to the 
 libunal of the other country, or to that of some 
 'ird state mutually agreed upon. (Etym. Magn. 
 h. "EkkKtitos tto'Ais.) This was perhaps suggest- 
 
 SUMTUARIAE LEGES. 
 
 919 
 
 sent to be tried at Athens. (Pollux, viii. 0.3.) This 
 fact has been called in question by Biickh, but 
 there is not much reason for doubting it. It is 
 true that the expression is not strictly applicable 
 to causes, not between an Atlienian and a foreigoier, 
 but between two foreigners ; and it may be allow- 
 ed, that the object of the Athenians in bringing 
 such causes to Athens was, not to give the allies a 
 better or speedier means of obtaining justice, but 
 to secure certain advantages to the imperial city. 
 (Xenoph. (le JiepM. Aih. i. IG.) It is, however, 
 not improbable that the an'angement was called 
 (rvfi§o\a, for the very purpose of softening the 
 harshness of the measure, by giving an honourable 
 name to that which in realitj' was a mark of servi- 
 tude. For the same reason the confederate states 
 were called avufxaxoi, allies, while in point of fact 
 they were rather utt^kooi or subjects. 
 
 These causes were tried in the summer months, 
 when the voj'age to Athens was more convenient, 
 and (like all other SIkui otto ctvij.S6Ku>v) belonged 
 to the jurisdiction of the Thesmothetae. We have 
 but one example of such a cause preserved to us, 
 viz. the speech of Antiphon on the death of 
 Ilerodes, where both the prosecutor and the de- 
 fendant are natives of Mytilene. (Harpoc. s. v. 
 2v/j.So\a: Thucyd. i. 77. c. not. Goeller ; Platner, 
 I'roc. nnd Klaij. i. 105 — 114 ; Meier, Att. Proc. 
 C7. 773; Wachsmuth, i. i. !)3. 133; II. i. 194 ; 
 Schumann, Or. 370'.) 
 
 As to the avfiSoAa given to the jurors, see AI- 
 KA2TH'2. [C. R. K.] 
 
 SrMBOTAOI. [HA'PEAPOI.] 
 
 STMMOPI'A. ['EI2*0PA', p. 371 ; TPIHPAP- 
 XI'A.] 
 
 STMnO'SION. [Symposium.] 
 SUMTUA'RIAE LEGES, the name of various 
 laws passed to prevent inordinate expense {sitintics) 
 in banquets, dress, &c. (Gellius, ii. "24; xx. 1.) 
 In the states of antiijuity it was considered the 
 duty of government to put a check upon extra- 
 vagance in the private expenses of persons, and 
 among the Romans in particular we find traces 
 of this in the laws attributed to the kings and 
 in the Twelve Tables. The censors, to whom was 
 entrusted the disciplina or cura morum, punished 
 by the tioia censoria all persons guilty of what was 
 then regarded as a luxurious mode of livin<i : a 
 
 I by the practice which had grown up, of referring great many instances of this kind are recoi-ded. 
 
 ^itional ([uarrels to the arbitration of some indivi- 
 'lal or third state. (Thucj-d. i. 34. 78. 140 ; v. 
 ; vii. l!i ; Schumann, Ant. jur. jnih. Gr. 367.) 
 When the Athenians made any such treaty, 
 ey required it to be approved of and finally rati 
 
 [NoTA Censoria, p. G'45.] But as the love of 
 luxury greatly increased with the foreign conquests 
 of the republic and the growing wealth of the na- 
 tion, various Leges Sumtuariae were passed at dii- 
 ferent times with the object of restraining it. 
 
 'd by a jury of the Heliaea, under the direction of ; These however, as may be supposed, rarely accom- 
 
 e Tliesmothetae. Hence Pollux (viii. 88) says 
 those magistrates, to av/xSoAa to Trpos rds 
 'Aeis Kvpovaiv. The other contracting state was 
 erefore compelled to send an envoy to Athens, 
 ith power to conclude the treaty (if he thought 
 ) as it was drawn up and settled by the Thesmo- 
 etae and jurors. Most of the people with whom 
 e Athenians had to deal, were either subject or 
 ferior to them, and were content to acquiesce in 
 e above regulation. Philip, however, would not 
 binit to it, and demanded that the terms should 
 ceive final ratification in Macedonia. This de- 
 and is made the subject of complaint by Demos- 
 enes {tic Haloii. 78). 
 
 The name of Si'/coi diro aufiSoKuv was given also 
 the uauses which the allies of the Athenians 
 
 plished their object, and in the latter times of the 
 republic they were virtually repeided. Tlie follow- 
 ing is a list of the most important of them ar- 
 ranged in chronological order. 
 
 Oppia, proposed by the tribune C. Oppius in tlie 
 consulship of Q. Fabius and Ti. Semprouius in the 
 middle of the second Punic war B. c. 215, enacted 
 that no woman should have above half an ounce of 
 gold, nor wear a dress of different colours, nor ride 
 in a carriage in the city or in any town, or within 
 a mile of it, unless on account of public sacrifices. 
 This law was repealed twenty j'ears afterwards 
 (Liv. xxxiv. 1.8; Valer. Max. ix. 1. g 3), whence 
 we freipiently find the Lex Orchia mentioned as 
 the first Lex Sumtuaria. Tacitus {Ann. iii. 33, 34) 
 speaks of Gppiac Leges. 
 
920 SUMTUARIAE LEGES. 
 
 Orchia, proposed by the tribune C. Orchlus iu 
 tlie third year after the censorship of Cato B.C. 181, 
 limited the number of guests to be present at en- 
 tertainments. (Macrob. Saturn, ii. 13.) It appears 
 that M. Cato was at first opposed to this law, but 
 afterwards supported it. (Festus, s. v. Pcrcunctatum 
 and Ohsonitaccre.) 
 
 Fannia, proposed by the consul C. Fanniiis b.c. 
 161, limited the sums which were to be spent on 
 entertainments, and enacted that not more than 
 100 asses should be spent on certain festivals 
 named in the lex, whence it is called Centussis by 
 Lucilius, that on ten other days in each month not 
 more than 30 asses, and that on all other days not 
 more than 10 asses should be expended : also that 
 no otiier fowl but one hen should be served up, and 
 that not fattened for the purpose. (Gell. ii. 24 ; 
 Macrob. Saturn, ii. 13 ; Plin. H. N. x. 50. s. 71.) 
 
 DiDiA, passed b. c. 143, extended the Lex Fan- 
 nia to tlie whole of Italy, and enacted that not only 
 those who gave entertainments which exceeded in 
 expense what the law had prescribed, but also all 
 wlio were present at such entertainments, should 
 be liable to the penalties of the law. We are not 
 however told in what these consisted. (Macrob. 
 Saturn, ii. 13.) 
 
 LiciNiA agreed in its chief provisions with the 
 Lex Fannia, and was brought forward, we are told, 
 that there might be the authority of a new law 
 upon the subject, inasmuch as the Lex Fannia was 
 beginning to be neglected. It allowed 200 asses 
 to be spent on entertainments upon marriage days 
 and on other days the same as the Lex Fannia : 
 also, that on ordinary days there should not be 
 served up more than three pounds of fresh and one 
 pound of salt meat. (Gell. Macrob. II. tr.) Gellius 
 (/. f.) states, that this law was brought forward by 
 P. Licinius Crassus, but we do not know at what 
 time, probably however in his praetorship B. c. 103. 
 
 Cornelia, a law of the dictator Sidla b. c. 81, 
 was enacted on account of the neglect of the Fan- 
 nian and Licinian Laws. Like these it regulated 
 the expenses of entertainments. (Gell. Macrob. H. 
 cc.) Extravagance in funerals, which had been 
 forbidden even in the Twelve Tables (Cic. de Leg. 
 ii. 2.J — 2 j), was also restrained by a law of SuUa. 
 (Plut. Suit, oj.) It was probably the same law 
 which determined how much might be spent upon 
 monmnents, (Cic. ad Att. xii. 35, 36.) 
 
 Aemilia, proposed by the consul AcmUius Le- 
 pidus B. c. 78, did not limit the expenses of enter- 
 tainments, but the kind and quantity of food that 
 was to be used. (Gell. Macrob. U. cc.) Pliny (If. 
 N. viii. 57. s. 82) and Aurelius Victor (de Vir. III. 
 72) ascribe this law to the consulship of M. Aemi- 
 lius ycaurus B.C. 115. It is not impossible that 
 there may have been two Aemilian Leges on the 
 suVjject. 
 
 Antia, of imcertain date, proposed by Antius 
 Resto, besides limiting the expenses of entertain- 
 ments, enacted that no actual magistrate, or magis- 
 trate elect, should dine abroad anywhere except at 
 the houses of certain persons. This law however 
 was little oljservcd ; and we are told that Antius 
 never dined out afterwards, that he might not see 
 his own law violated. 
 
 Julia, proposed by the dictator C. Julius Caesar, 
 enforced the former sumptuary laws respecting en- 
 tertainments, which had fallen into disuse. (Dion 
 Cass, xliii. 25.) Julius Caesar adopted strong mea- 
 sures to carry this law into execution, but it was 
 
 SrNAIKOS. 
 
 violated when he was absent from Rome. (Cic. 
 Ati. xiii. 7.) He stationed ofKcers in the provisi 
 market to seize upon all eatables forbidden by I 
 law, and sometimes sent lictors and soldiers to b; 
 quets to take every thing which was not allow 
 by the law. (Suet. ./«/. 43.) Cicero seems to re 
 to this law in two of his epistles {ad Fam. vii. * 
 ix. 15). ' 
 
 Julia, a lex of Augustus, allowed 200 sesten 
 to be expended upon festivals on dies profes 
 300 upon those on the Calends, Ides, Non 
 and some other festive daj's, and 1000 upon m; 
 riage feasts. There was also an edict of Augus! 
 or Tiberius by which as much as from 300 to 20 
 sesterces were allowed to be expended upon ent 
 tainments, the increase being made with the ho 
 of secm'ing thereby the observance of the la 
 (Gell. /.c; Sueton. Octal'. 34.) 
 
 Tiberius attempted to check extravagance 
 banquets (Suet. Tilj. 34); and a senatusconsulti 
 was passed in his reign for the purpose of restrai 
 ing luxuiy, which forbade gold vases to be e. 
 ployed, except for sacred purposes, and -also p: 
 hibited the use of silk garments to men. (Ta( 
 Ann. ii. 33; Dion Cass. Ivii. 15.) This sumtua 
 law, however, was but little observed. (Tacit. Ai 
 iii. 52, 53.) Some regulations on the subject wf 
 also made by Nero (Suet. Ner. 16), and by si 
 ceeding emperors, but they appear to have been 
 little or no avail in checking the increasing love 
 luxury in dress and food. 
 
 (Platner, E.iercit. II. de Legihus Sumtuariis Ro 
 Lips. 1752; Boxmann, Dissert, antujuario-jnridi 
 dc Leg. Horn. Sumtuariis, Lugd. Batav. 18l6.) 
 
 STNA'AAAFMA. [STMBO'AAION.] 
 
 STTKAHTOS 'EKKAHSI'A. ['EKKAH2I' 
 p. 361.] 
 
 STfNAIKOS, an advocate, is frequently used 
 synonymous \vith the word avvriyopos, to deno 
 any one who pleads the cause of another, wheth 
 in a court of justice or elsewhere. 2vvSiKe7v al 
 is used indifferently with <Tvvriyop(LV or (rvvayo. 
 i^eaBai. (Andoc. de Myst. 19. ed. Steph. ; D 
 mosth. c. Aristocr. 689; c. Zenoth. 885; e. Stq. 
 1127.) Thus, the five public advocates, who wc 
 appointed to defend the ancient laws before tl 
 Court of Heliasts, when an amendment or a ne 
 law in abrogation thereof was proposed, are calli 
 both avvZiKoi and avvriyopoi. As to them, s 
 NOMO0E'TH2, and also Schomann, de Com 
 255, Ant. Jur. Puhl. Gr. 228. The name 
 (TUj'SiKoi seems to have been peculiarly applied 
 those orators who were sent by the state to pie; 
 the cause of their countrjTnen before a foreign ti 
 bunal. Aeschines, for example, was appointed 
 plead before the Amphictyonic council on the su' 
 ject of the Delian temple ; but a certam discove- 
 having been made not very creditable to his p 
 triotism, the court of Ai-eopagus took upon thei 
 selves to remove him, and appoint Hyperides 
 his stead. (Demosth. de Coron. 271, 272.) The 
 extraordinary advocates are not to be confound( 
 with the Pylagorae, or ordinary Amphictyonic d 
 puties. (Schomann, de Comit. 321 ; Ant. Jur. Pu 
 Gr. 257.) There were other crvvhiKoi, who act( 
 rather as magistrates or judges than as advocate 
 though they probably derived their name from tl 
 circumstance of their being appointed to protei 
 the interests of the state. These were extraord 
 nary functionaries, created from time to time, 
 exercise a jurisdiction in disputes concerning cm 
 
2TNHT0P02. 
 
 STNH'rOPOS. 
 
 921 
 
 ati'd propertj' ; as when, for instance, an infor- 
 ti"]i was laid against a man for iiaving in his 
 -^osion the goods of a condemned criminal, or 
 M !i were liable to be seized in execution on be- 
 I t' the state ; or when the goods of a convict 
 i iiig been confiscated, a claim was made by a 
 J rtgagee, or other creditor having a lien there- 
 to h;ive his debt satisfied out of the proceeds. 
 -!i a claim was called ivi-nlaKiiiina, and to pro- 
 iitr \liv(iTi(TKri^acFdai. (Harpoc. and Suidas, s.u.) 
 
 this subject the reader is referred to the 
 ^■(.lies of Lysias de Fubl. Peciin.,du Nic. Frati: 
 ' dc Aristoji/t. Pccun., and more especiaUy 
 1 i;). 151. 154. ed. Steph. The first appoint- 
 iit of these judicial auvSiKoi took place after the 
 
 ■ HiUion of the thirty tyrants; and one of their 
 nrs appears to have been to receive informations 
 .11 the ipvAapxoi against those persons who had 
 
 'I in the cavalry during the interregnum, and 
 ' i ly a special decree of the people were ordered 
 I I -tore to the treasury all the pay wliich they 
 I 1 vceived for that service, (hyums, 2»'o Mm- 
 ^ . IJ'J.-ed.Steph.) See 5TNHTOP02: Harpoc. 
 "iii.'SiKoi: McieT, Att. Pruc. 110; Schiimann, 
 v. 31(). [C. R. K.] 
 
 \'EAPOI, a name given to the members of 
 iicil, or any body of men who sat together 
 ilt or dehberate. The congress of Greeks 
 )iiis is called aweipiov. (Herod, viii. 75. 79.) 
 lit reference is made to the general assembly 
 ' I reeks, to koivov twv "EkKrivwv avvtSpiou, 
 < ninth, Thermopylae, or elsewhere. (Aesch. c. 
 ■''ph. (j2. ed. Steph. ; Demosth. Ilepl rwv irpos 
 Vs^at'Spoc, 215.) When the new alliance of the 
 H iiians was formed after B. c. 377, upon fairer 
 il innre equitable principles than the former, the 
 lal states who were included therein were ex- 
 --ly declared to be independent, and a congress 
 IN hi'ld at Athens, to which each of the allied 
 itcs sent representatives. The congress was 
 led aweSpiuv, and the deputies (cuceSpoi, and 
 
 ■ sums fiu-nished by the allies (rwTa|6is, in 
 ■f to avoid the old and hateful name of (p6pos 
 
 tiiliiite. (Harpocrat.si'. ; Plut. -*>W. 15.) Many 
 iii-i"iis to this new league are made by the 
 it"i^, especially Isocrates, who strongly urges 
 c.uiiitrymen to adhere to the principle on which 
 It ay ue was formed, and renounce all attempt to 
 v -tablish their old supremacy. {De Pace, 10'5. 
 . ."^teph.) Perhaps the avveSpoi mentioned in 
 ' iiath of the AiKacTTai are the Athenian mem- 
 I -- "f this congress. (Schiimann, Att. Proc. 130.) 
 T iuttlier information on the subject of this con- 
 li-'i acy, see Schumann, Ant. jur. piil/L Gi: 434 ; 
 ickh, ^iaatsk. der Ai/ie/i. i. 449 ; Thirlwall, Hint. 
 Greece, vol. v. p. 42. 203. 
 The name of cvviSptov was given at Athens to 
 y iiiagisterial or official body, as to the court of 
 '•"liagus (Aesch. c. Timarch. 13 ; Dinarch. c. 
 niustk. 91. ed. Steph.); or to the place where 
 ley transacted business, their board or council- 
 Jm. (Isocrat. Hepi 'Ai/TiSoVews, 318. ed. Steph.; 
 ■inosth. c. Theocr. 1324.) [C. R. K.J 
 
 STNHrOPIKO'N. [2TNH'rOP02.] 
 1 2TNHT0P02 may be translated an advocate or 
 lunsel, though such translation will convey to the 
 iighsh reader a more comprehensive meaning than 
 ■e Greek word strictly bears. 
 ■According to the ancient practice of the Athenian 
 ■v, pai-ties to an action were obliged to conduct 
 fvi own causes without assistance : but on the 
 
 increase of litigation the sciences of law and rheto- 
 ric began to unfold themselves ; and men, who had 
 paid no attention to these, were unable to compete 
 with more experienced opponents. To consult a 
 friend before bringing an action, or about the best 
 means of preparing a defence, were obvious expe- 
 dients. It was but another step to have a speech 
 prepared by such friend out of court, to be deliver- 
 ed by the party himself when the cause was brought 
 to trial. A class of persons thus sprang up, some- 
 what in the natm'e of chamber counsel, who re- 
 ceived money for writing speeches and giving legiil 
 advice to those who consulted them. Of this class 
 Antiphon was the first who acquired any celebrity. 
 Lysias, Isaeus, and Isocrates obtained considerable 
 incomes by speech-writing. Demosthenes followed 
 the same profiession for some time, until his engage- 
 ments in public business forced him to relinquish 
 it. (Uem. c. Zenoth. 890.) These persons were 
 called not avvriyopoi, but \oyoypd<poi, a name ap- 
 plied to Demosthenes reproachfully by his rival, 
 who accuses him also of betraying his clients by 
 showing the speeches which he had written to the 
 adversary. (Aesch. c. Ctesiph. 78; c. Timarch. 13. 
 ed. Steph.) Still, whatever assistance the party 
 might have received out of court, the law which 
 compelled hun to appear in person at the trial, re- 
 mained in force ; although the prohibition to speak 
 by counsel was so far relaxed, that if the party was 
 labouring under illness, or through any physical or 
 mental debility was unable to conduct his ovra 
 cause without manifest disadvantage, he might (by 
 permission of the court) procure a relation or friend 
 to speak for him. Thus, when Miltiades was im- 
 peached for treason, and by reason of a gangrene 
 in his hip was unable to plead his own cause, he 
 was brought on a litter into court, and his brother 
 Tisagoras addressed the people on his behalf. So, 
 when Isocrates was ill, his son Aphareus spoke for 
 him in the cause about the dvTiSocrts. And in the 
 speech of Demosthenes against Leochares we see 
 (p. 1081) that the son conducts his father's cause. 
 As a general rule, the party was expected to ad- 
 dress the court himself; for the judges liked to 
 form an opinion of him from his voice, look, and 
 demeanom' ; and therefore if a man distrusted his 
 own ability, he would open the case himself by a 
 short speech, and then ask pennission for his friend 
 to come forward. (Demosth. c. Phoriii. 922 ; c. 
 Ncacr. 1349.) This was seldom refused; and in 
 the time of the orators the practice was so well es- 
 tablished, that the principal speeches in the cause 
 were not unfrc(iuently made by the advocate. The 
 defences by Demosthenes of Ctesiphon against 
 Aeschines, and of Phanus against Aphobus, may 
 be cited as examples. In both of these it will be 
 seen that Demosthenes was as much interested as 
 the defendants themselves ; and it is further to be 
 observed, that the advocate was looked upon with 
 more favour on this very account ; for as no fees 
 were allowed to be taken, a speaker was regarded 
 with suspicion who had no apptu'cnt motive for un- 
 dertaking the cause of another person. Hence we 
 find in most, of the (Tuvrr/opiKol \6yoi, that the 
 speaker avows what his motives are ; as for in- 
 stance, that he is connected by blood or friendship 
 with the one party, or at enmity with the other, or 
 that he has a stake in the matter at issue between 
 them. (See the opening of the speeches of Isaeus, 
 de A'icutit. /let: and de Philoct. Iter. ; Isocrates c. Eu- 
 thyn. and Demosthenes c. Androt.) In the cause 
 
822 
 
 2TNH'rOP02. 
 
 2TNH'rOP02. 
 
 against Leochares above cited it is evident that the 
 son had an equal interest with his father in pre- 
 serving the inheritance, and therefore lie would be 
 considered in the light of a party. The law which 
 prohibited the advocate from taking fees, under pe- 
 ril of a ypcKpTi before the Thesmothetae (Demosth. 
 c. Stcpli. 1137), made no provision (and perhaps it 
 was impossible to make an effective provision) 
 against an influence of a more pernicious kind, viz. 
 that of political association, which induced men to 
 support the members of their club or party without 
 the least regard for the right or justice of the case. 
 Hence the frecjuent allusions by the orators to the 
 epyatrrrjpia avKucpavriav^ fiox^Vp'^'' avUpdiruv avv- 
 ((TTTtKOTOiu, TrapacTKivcis Xoywv, ixapTvpuv, avvw- 
 /iOTwv, all which expressions have reference to that 
 system of confederation at Athens, by which indi- 
 viduals endeavoured to influence and control the 
 courts of justice. (See''EPAN02, 2TKO'i>A'NTH2, 
 Reiske, hidcx in Onit. Aft. s. v. 'KpyaiXTTjpiov and 
 irapaaKevri.) That friends were often requested to 
 l)lead, not on account of any incapacity in the 
 party, but in order that by their presence they 
 might exert an influence on the bench, is evident 
 from an attentive perusal of the orators. In some 
 cases this might be a perfectly legitimate course, as 
 where a defendant charged with some serious crime 
 called a man of high reputation to speak in his be- 
 half, and pledge himself thereby that he believed 
 the charge was groundless. With such view Aes- 
 chines, on his trial for misconduct in the embassy, 
 prayed the aid of Eubulus and Piiocion, the latter 
 of whom he had previously called as a witness. 
 (Acsch. dc Fa/s. Lcij. 51, 52. ed. Steph.) 
 
 On criminal trials tlie practice with respect to 
 advocates was much the same as in civil actions ; 
 only that it seems to have been more common to 
 have several speakers on the part of the prosecu- 
 tion ; and in causes of importance, wherein the 
 state was materially interested, more especially in 
 those which were brought before the court upon an 
 €i(ra776Ai'a, it was usual to appoint puljlic advo- 
 cates (called avvriyopot, itvvSlkoi, or /caxTj'yopoi) to 
 manage the prosecution. Thus, Pericles was ap- 
 pointed, not at his own desire, to assist in the im- 
 peachment of Cimon. (Plut. Pcrki. 10.) Public 
 prosecutors were chosen by the people to bring to 
 trial Demosthenes, Aristogiton, and others charged 
 with having received bribes from Harpalus. (Di- 
 narch. c. Demosth. 90. 96. ed. Steph.) In ordinary 
 cases however the accuser or prosecutor (icoTrjyopos) 
 was a distinct person from the awfiyopos, who act- 
 ed only as auxiliary to him. It might be, indeed, 
 that the auvifiyopos performed the most important 
 part at the trial, as Anytus and Lycon are said to 
 have done on the trial of Socrates, wherein Melitus 
 was prosecutor; or it miglit be that he perfonned 
 a subordinate part, making only a short speech in 
 support of the prosecution, like those of Lysias 
 against Epicrates, Ergocles, and Pliilocrates, which 
 are called ivlhoyoi. But however this might be, 
 he was in point of law an auxiliary only, and was 
 neither entitled to a share of the reward (if any) 
 given by the law to a successful accuser, nor liable, 
 on the other hand, to the penalty of a thousand 
 drachms, or the aTi/i'ia consequent upon a failure 
 to get a fifth part of the votes. Here we must dis- 
 tinguish between an advocate and a joint prosecu- 
 tor. The latter stood precisely in the same situa- 
 tion as his colleague, just as a co-plaintiff in a civil 
 action. 'J'he names of both would appear in tiie 
 
 bill (^yK\T)na), both would attend the dvaKpi 
 and would in short have the same rights and li; 
 lities ; the elder of the two only having priorit;. 
 certain matters of form, such as the vpaToKo' 
 (Argum. Or. Dem. c. Am/rot. 592.) In tlie | 
 ceeding against the law of Leptines there were . 
 prosecutors, Aphepsion and Ctesippus the son 
 Chabrias; each addressed the court, Apheps 
 first, as being the elder ; each had his advoc 
 the one Phormio, the other Demosthenes, who t 
 us in the exordium that he had undertaken 
 speak, partly from a conviction of the impolicy 
 j tile law, and partly to oblige the son of Chabr 
 I who would have been deprived of certiiiii privile 
 inherited from his father, if the law had Uiken 
 feet. (See Argum. 453.) 
 
 There seems to have been no law which lirail 
 the number of persons who might appear as ad 
 cates, either in public or private causes. Th 
 was however this practical limitiition, that as ; 
 time allowed for speaking to either party was m 
 sured by the clepsydra, if either chose to e 
 ploy a friend to speak for him, he subtracted 
 much from the length of his own speech as 
 meant to leave for that of his friend, and the \vh 
 time allowed was precisely the same, whatever t 
 number of persons who spoke on one side. Be 
 parties were usually allowed to make two speech 
 the plaintitt' beginning, the defendant foUowii 
 then the plaintitf replying, and lastly the defends 
 again. These are often called A0701 irporepoi a 
 vTTfpoi respectively, but are not to be confound 
 with the cvvTiyopiai. or S^vrepoKoy'iai, which niig] 
 and usually did, immediately follow the speech 
 the party in whose favour they were made, thou 
 as a matter of arrangement it might be conveuie 
 sometimes to reserve the speech of the a<lvocate i 
 the reply, in which case the (TvuTiyopiicos \6yos ai 
 the vcTTepos \6yos would be the same. (Schdmai! 
 Att. Proc. 707—712. 715; Plainer, Pruc. v. 
 Klag. i. 91.) 
 
 With respect to the custom of producing frien 
 to speak in mitigation of damages or punishmei 
 see TI'MHMA. As to the public advocates a 
 pointed to defend the old laws before the Court 
 Heliasts, see 2T'NAIK02, NOMO©E'TH2. 
 
 The fee of a drachm (to (XwriyopiKSv) mention 
 by Aristophanes {Vespac, (>9\) was probably t 
 sum paid to the public advocate whenever he w 
 employed on behalf of the state. It has be 
 shown clearly by Schomann, that Petit was wro 
 in supposing that the orators or statesmen w 
 spoke in the assembly are called (TvvT^yopoi. Th 
 are always distinguished by the title of p-qropes 
 Snifiriyopoi, or if they possessed much influence wi 
 the peopli', SripLayuyo'i: and it is not to be su 
 posed that they constituted a distinct class of pe 
 sons, inasmuch as any Athenian citizen was at 
 berty to address the assembly when he please 
 though, as it was found in pradiiv that the possi 
 sion of the /SrJ/ia was confined to a few persons w 
 were best fitted for it by their fcilent and expe 
 ence, such persons acquired the title of ^7jTop6j,fi 
 {De Vomit. 107—109. 210.) There appears ho 
 ever to have been (at least at one period) a regu! 
 appointment of cvvriyopoi, ten in number, wi 
 whom the Scholiast on Aristophanes (L c.) co 
 founded the priropes or orators. For what purpc 
 such ten cvfi^yopot were appointed, is a matt 
 about which we have no certjiin information. Soi 
 think they were officers connected with the boa 
 
2TrrPA*H'. 
 
 2TN0IKI'A. 
 
 923 
 
 )l cnitators who audited magistrates' accounts. 
 A U>lk: { Polii. vi. (!) says the authorities to whom 
 V i-t;ates rendered their accounts were called iu 
 I I he Greek states eiiduvoi, in others A.07i(rTot, 
 ^ avvr\yopui or i^eraarai^ and the author 
 l.exicon Rhetoricum, published by Bekker 
 , i. 301), says that the Synegori were 
 ;S KKripuTol oi iSor/dovv Tois koyiinais 
 Ti . Tcis (Mvas. But what sort of assistance did 
 ti louder 'r' Is it not probable that they per- 
 I' n il the duty which their name imports, viz. 
 t , (if prosecuting such nmgistrates as, in the opi- 
 II i nf the Liigistae, Iiad rendered an unsatisfactory 
 ii iiuit ':• Any individual, indeed, might prefer 
 c I'urs against a magistrate when the time for 
 r Iciing his account had arrived; but the prose- 
 ( Mil Ijy a avvriyopos would be an ex offu-io pro- 
 I liii'4, such as the Logistae were bound to insti- 
 I .11 they had any reason to suspect tlieaccount- 
 1 I Illy of malversation or misconduct. If this 
 I lecture be well-founded, it is not unreasonable 
 I iipiiose that these ten avvnyopoi were no other 
 t II the public advocates who were employed to 
 1 liirt state prosecutions of a different kind. 
 
 rv iiiiglit be appointed annually, either by lot or 
 I ricction (according to Ilarpocration, s. v. ivvul- 
 ■ •'<\). Their duties would be only occasional, 
 ,• I they would receive a drachm as their fee when- 
 ' r ihi'y were employed. Biickh's conjoctui'e, that 
 .■ived a drachm a day for every day of bu- 
 is without much foundation. (Slaatsli. der 
 . . i. '255.) Tiie reader will find the authori- 
 
 ^ "ii this suljject referred to in Schumann (de 
 
 in. I.e.) and Bockh {id. 204— 207). [C. R. K.] 
 ,2TrrE'NEIA. [Herks (Greek), p. 473.] 
 
 STrrPA^H' signifies a written contract ; where- 
 ji (ruv9^Ki\ and avuSoXaiov do not necessarily im- 
 I rt that the contract is in writing ; and o/^oKoyla 
 
 strictly speaking, a verbal agreement. Pollux 
 
 plains the word, (TvvB-^kti eyy pa(pos, ofiuAoyia 
 
 ypa(pos (viii. 140). 
 
 At Athens important contracts were usually 
 luci d to writing ; such as leases (^io-0aJiTeis), 
 ||l^ of money, and all executory agreements, 
 heir certain conditions were to be perfomied. 
 
 rent, the rate of interest, with other condi- 
 iN. iind also the penalties for breach of contract 
 /riTiVua Tct eic Ti^s (xvyypacfnjs) were particularly 
 '■ntiiined. The names of the witnesses and the 
 iieties (if any) were specified. The whole was 
 iutiiined in a little tablet of wax or wood {^iSK'iov 
 YpajaftoTcioi', sometimes double, SItttvxov), 
 hich was sealed, and deposited with some third 
 jerson, mutually agreed on between the parties. 
 i[socrat. Trapcz. 3G2. ed Steph. ; Demos, c. Apat. 
 iD3, 904 : c. Dionysod. 1283.) An example of a 
 intract on a bottomry loan (vavrM-q <rvyypa<pri) 
 ill be found in Deraosth. c. Lacrii. 926, where 
 le terms are carefully drawn up, and there is a 
 echu'ation at the end, Kvpiumpov 5e vep\ tovtoiv 
 \Ko jxri^iv dvat Trjs <rvyypa(prjs, " which agree- 
 lent shall be valid, anything to the contrary not- 
 ■ithstanding." 
 
 Anything might form the subject of a written 
 ontract — a release {d(p((rts), a settlement of dis- 
 utes (SidAuiTis), the giving up of a slave to be ex- 
 muied by tortui'e, or any other accepted challenge 
 irpd/cAijuis) ; in short, any matter wherein the 
 ontracting parties thought it safer to have docu- 
 lentary evidence of tlie terms. 'EKSiSovai av- 
 piavra Kara auyypa^i\ii is, to give an order for the 
 
 making of a statue of certain dimensions, of a cer- 
 tain fashion, at a certain price, &c., as specified in 
 the agreement. (Demosth. dc Cur. 268.) No par- 
 ticular form of words was necessary to make the 
 instrument valid in point of law, the sole object 
 being to furnish good evidence of the parties' in- 
 tention. Tlie agreement itself was valid without 
 any writing ; and would form the ground of an ac- 
 tion against the party who broke it, if it could be 
 sufficiently proved. Hence it was the practice to 
 have witnesses to a parol agreement. The law 
 declared Kvp'ias dvai ras vpos dKKriKovs oixoKoyias, 
 OS av evavTLOL fiapTipav voiriawvrai. (Demosth. c. 
 Phacnipjy. 1042; c. Euerg. el Mnes. 11 ()2; c. 
 Dionys. 1283 ; c. Onelor. 869.) It seems that for 
 the maintenance of an i/nropiK-ij Siktj it was neces- 
 sary to have a written contract. (Demosth. c. Ze- 
 noth. 882.) 
 
 Bankers were persons of extensive credit, and 
 had peculiar confidence reposed in them. They were 
 often chosen as the depositaries of agreements and 
 otlier documents. Money was put into their hands 
 without any acknowledgment, and often without 
 witnesses. They entered these and also the loans 
 made by themselves to others in their books, mak- 
 ing memoranda {yTToii.vfiixo.Ta) of any important 
 particulars. Such entries were regarded as strong 
 evidence in courts of justice. Sureties were usu- 
 ally required by them on making loans. (Isocr. 
 Trapez. 369. ed. Steph. ; Demosth. c. Apat. 894; 
 pro Phorni. 950. 958; c. Timuth. 1185; c. Phorm. 
 908 ; Biickh. SktnUh. dcr Atli. i. 141. 14G.) 
 
 'S,vyypa<pri denotes an instrument signed by both 
 or all the contracting parties. XeipSypacpov is a 
 mere acknowledgment by one party. 2,vyypd'paa9ai 
 crvyypa(prii> or (ruyflijicr)!' is to draw up the contract, 
 crr\ix'/]vaaSaL to seal it, dvaipuv to cancel, dveK^aOai 
 to take it up from the person with whom it was 
 deposited, for the purpose of cancelling, when it 
 was no longer of any use. 'Tvavoiyeiy, to break 
 the seal clandestinely for some fraudulent purpose, 
 as to alter the tenns of the instrument, or erase or 
 destroy some materiiil part, or even the whole, 
 thereof {jXiTaypdtpnv or iuKpQiipeLv). [2TMBO'- 
 AAION.] [C. R. K.] 
 
 2TNOIKl'A, differs from oiVi'a in this : that the 
 latter is a dwelling-house for a single family ; the 
 former adapted to hold several families, a lodging- 
 house, iiistda, as the Romans would say. The 
 distinction is thus expressed by Aeschines (c. 
 Timarch. 17. ed. Steph.) : ottou (x^v yap iroAAol 
 ixujQaxTdixevoi fxiav otKricnv SieAo/xevot exov<Ti, 
 (TwoiKiav KaKovfxev, birov 5' els ivuiK€7, o'tKiav. 
 There was a great deal of speculation in the build- 
 ing and letting of houses at Athens. (Xenoph. 
 Oucoii. iii. 1.) The lodging-houses were let mostly 
 to foreigners who came to Athens on business, and 
 especially to the jxiroiKoi, whom the law did not 
 allow to acquire real property, and who therefore 
 could not purchase houses of their own. (Demosth. 
 pro Phorm. 946.) As they, with their families, 
 formed a population of about 45,000, the number 
 of awoiKiai must have been considerable. Pasion, 
 the banker,had a lodging-house valued atlOOminas. 
 Xenophon recommended that the ixeroiKoi should be 
 encouraged to invest their money in houses, and 
 that leave should be granted to the most respect- 
 able to build and become house-proprietors (oiko- 
 SoixTiaaiMivois 4yK€KTrj(Tdai, dc Vcciuj. ii. 6). The 
 l(TOT€Kth laboured under no such disability ; for 
 I Lysias and his brother Polcmarchus, who belonged 
 
924 
 
 SUPERFICIES. 
 
 to that class, were the owners of three houses. The 
 Viilue of houses must have varied according to the 
 size, the build, the situation, and other circum- 
 stjinces. Those in the city were more valuable 
 than those in the Piraeus or the country, caeteris 
 parihus. Two counting-houses are mentioned by 
 Isaeus {de HiPjn. her. 08. ed. Steph.) as yielding 
 a return of rather more than 8^ per cent, interest 
 on the purchase-money. But this probably was 
 much below the average. The summer season was 
 the most profitable for the letting of houses, when 
 merchants and other visitors flocked to Athens. 
 The rent was connnonly paid by the month. 
 Lodging-houses were frequently taken on specula- 
 tion by persons called vavKKftpoi or <rTa6fj.o0xoi, 
 who made a profit by underletting them, and some- 
 times for not very reputable purposes. (Isaeus, de 
 Philoct. Iwr. 58. ed. Steph.) Hesychius explains 
 the word vavKKrjpos, 6 (TwoiKias Trpoeixrws : see 
 also liarpocration, s. v. Some derive the word 
 from va'iw : but it is more probable that it was 
 given as a sort of nickname to the class, when they 
 first sprang up. (See Stephan. TItcsaur. G608 ; 
 Reiske, Indeoc in Or. Alt. s. v. SwoiKia : Biickh, 
 Stwihh. der Athcn. i. 71, 72. 1.54.) [C. R. K.] 
 
 2TNOI'KIA, a festival celebrated every year at 
 Athens on the 16th of Hecatonibaeon in honour of 
 Athena. It was believed to have been instituted 
 by Theseus to commemorate the concentration of 
 the government of the various towns of Attica and 
 Athens. (Thucyd. ii. 15 ; Steph. Byz. s.o.'A6rjvai.) 
 According to the Scholiast on Aristophanes {Pu.r, 
 962) an unbloody sacrifice was on this day otfered 
 to the goddess of peace (ejpijj'T)). This festival, 
 which Plutarch (TIws. 24) calls ,ueToiKia, is men- 
 tioned both by him and by Thucydides as still held 
 in their days. (Compare Meyer, de Bon. damnat. 
 p. 120.) [L. S.] 
 
 2TNTA'HEI2. [ST'NEAPOI.] 
 2TN0H'KH. [2TMBO'AAION.] 
 2TN0HKn"N nAPABA'2En2 Al'KH. [2TM- 
 BO'AAION.] 
 
 SUUVETAURI'LIA. [Sacripicium, p. 823 ; 
 Lu-STRATio, p. 584 ; and woodcut on p. 884.] 
 
 SUPERFI'CIES, SUPERKICIA'RIUS. — 
 " Those are aedes superficiariae which are built on 
 hired ground, and the property of which both by 
 the Jus Civile and Naturale belongs to him to 
 whom the ground {solum) also belongs." (Gains, 
 Dig. 43. tit. 18. s. 2.) Every building then was 
 considered a part of the ground on which it stood; 
 and the ownership and possession of the building 
 were inseparable from the ownership and pos- 
 session of the ground. The Superficies resem- 
 bles a Servitus and is classed among the Jura 
 in re. According to the definition, the Superfi- 
 ciarius had not the thing even In bonis ; and 
 as the animus Domini could not exist in the 
 case of Superficies, he consequently could not be 
 Possessor. He had however a Juris Quasi Pos- 
 sessio. The Superficiarius had the right to the 
 enjoyment of the Superficies : he could alienate 
 the Superficies and pledge it for the term of his 
 enjoyment ; he could dispose of it by testament ; 
 and it could be the object of succession ab intesta- 
 te ; he could also make it subject to a Servitus ; 
 and he could prosecute his right by a utilis in rem 
 actio. As he had a Juris Quasi Possessio, he was 
 protected against threatened disturbance by a spe- 
 cial Interdict, which is given in the Digest (43. 
 tit. 18), and in its eftect resembles the Interdictum | 
 
 SUPPLICATIO. 
 
 Uti possidetis. The explanation of the pa, 
 relating to this Interdict (Dig. 43. tit. 18. s. 
 given by Savigny {Das Recht des Besitzes, p. 
 5th ed.). If he was ejected, he could 
 the Interdictum de vi, as in the case of proper 
 session ; and if he had granted the use of 
 Superficies to another Precario, who refused ti 
 store it, he had tlie Interdictiun de precario. 
 A man could obtain the use of a Superficie 
 ! agreement with the owner of the land for per 
 [ sion to erect a building on it ; and he might 
 by agreement have the use of an existing Su 
 fieies. He was bound to discharge all the di 
 I which he owed in respect of the Superficies, an 
 make the proper payment in respect of it {sot 
 um), if any payment had been agreed on. 
 
 The rule of law that the Superficies belongei 
 the owner of the soil was expressed thus : Su' 
 ficies solo cedit. (Gaius, ii. 73.) If then a i 
 built on another man's land, the house became 
 property of the owner of the land. But if 
 owner of the land claimed the house, and W( 
 not pay the expense incurred by building it, 
 builder of the house coidd meet the claim 
 with a plea of dolus malus {exceptio doti mc 
 that is to say, if he was a Bonae fidei posses; 
 In any other case, he had of course no answei 
 the owner's claim. [G. L.' 
 
 SUPERNUMERA'RII. [Accensi.] 
 SU'PPARUM. [Ships, p. 880.] 
 SUPPLICA'TIO was a solemn thanksgiv 
 or supplication to the gods decreed by the sen; 
 when all the temples were opened, and the stat 
 of the gods frequently placed in pubhc upon coucl 
 { jiidriimrki), to which the people offered up tb 
 thanksgivings and prayers {ad omnia jmlvina 
 supplicalio dccreia est, Cic. in Cutil. iii. 10). [L; 
 TisTBiiNiUM.] A Supplicalio was decreed for t 
 different reasons. 
 
 I. As a thanksgiving, when a great victory i 
 been gained : it was usually decreed as soon 
 official intelligence of the victory had been receiv 
 by a letter from the general in command. T 
 number of days during which it was to last w 
 proportioned to the importance of the victo: 
 Sometimes it was decreed for only one day (L 
 iii. 63), but more commonly for three or five da; 
 A supplication of ten days was first decreed in I 
 nour of Pompey at the conclusion of the war wi 
 Mithridates {Cic. de Prov. Cons. 11), and one 
 fifteen days after the victory over the Belgae 
 Caesar, an honour which Caesar hmiself says ( 
 G. ii. 35) had never been granted to any one 1 
 fore. (Compare Cic. c.) Subsequently a supp 
 catio of twenty days was decreed after his co 
 quest of Vercingetorix. (Caes. B. G. vii. y( 
 From this time the senate seems to have frequent 
 increased the number of days out of mere comp 
 ment to the general. We thus find mention 
 thanksgivings for forty days (Dion Cass. xUii. 14 
 fifty days {Id. xliii. 42, and Cic. /'//(/. xiv. 14), ai 
 even sixty. (Dion Cass. xl. 50.) A supplicatio w 
 usually regarded as a prelude to a triumph, but 
 was not always followed by one, as Cato remini 
 Cicero, to whose honour a supplicatio had bei 
 decreed. (Cic. ad Fam. xv. 5.) This honour w 
 conferred upon Cicero on account of his suppressic 
 of the conspiracy of Catiline, which had never be( 
 decreed to any one before in a civil capacity {I 
 (jatus), as he frequently takes occasion to mentio; 
 (/« Cutil. iii. 6, 10; in Pis. 3 ; P/dl. ii. 6.) 
 
SYMPOSIUM. 
 
 SYMPOSIUM. 
 
 925 
 
 A Supplicatio, a solemn supplication and 
 tion, was also decreed in times of public 
 and distress, and on account of prodigies to 
 ti t the anger of the gods. (Liv. iii. 7 ; x. 23 ; 
 lii. 9 ; xxxvii. 3.) 
 URDUS. [Obligationes, p. G54.] 
 USPENSU'RA. [Baths, p. 141.] 
 T25I'TIA. [SvssiTiA.] 
 
 ' YMPO'SIUM {(rvixw6(Tiov, comissaiin, conri- 
 ni), a drinking- partj'. Tlie (rvfiiritnov, or the 
 n aj, must be distinguished from the Selirvov, for 
 i igh drinking almost always followed a dinner- 
 1 \\ Yot the former was regarded as entirely dis- 
 
 ) I tiiim the latter, was rejiulated by different 
 ;i oiiis, and frequently received the addition of 
 i iy guests, who were not presoit at the dinner. 
 B the Greeks did not usually drink at their din- 
 n , and it was not till the conclusion of the 
 3 1. tliat wine was introduced, as is explained 
 .1 rr AEUnNON, p. 321. Thus we read in the 
 ; i]iiisium of Plato (p. 17G. a.) that after the 
 i lor had been finished, the libations made, and 
 ;1 patan sung, they turned to drinking (Tpe- 
 
 Miiposia seem to have been very frequent at 
 i Their enjoyment was heightened by 
 
 1 cable conversation, by the introduction of music 
 I: dancing, and by games and amusements of 
 rious kinds: sometimes, too, philosophical sub- 
 is were discussed at them. The Symposia 
 
 * Plato and Xenophon give us a lively idea of 
 ! Ii entertainments at Athens. The name itself 
 - «■■-. tliat the enjo}-ment of drinking was the 
 
 I 11 object of the Symposia : wine from the juice 
 : Im' urape (ohos duTrtAivos) was the only drink 
 I taken of by the Greeks, with the exception of 
 1 trr. For palm-wine and beer [Cerevisia], 
 t null known to many of the Greeks from inter- 
 [ I'-e with foreign nations, were never introduced 
 ; iiiigst them ; and the extraordinary cheapness of 
 
 • ic at Athens [Vinum] enabled persons even in 
 t derate circumstances to give drinking-parties to 
 < ir friends. Even in the most ancient times the 
 ' iiyiiient of wine was considered one of the 
 1 ati st sources of pleasure, and hence Musaeus 
 : 1 lii^ son supposed that the just passed their 
 
 '■ 111 Hades in a state of pei'petual intoxication, 
 : a reward of their virtue (rlyTitTdiJ.ei'oi KaWiarov 
 tzTris ixiaBdv p.iBi]v aluviov. Plat. Z(y/. ii. p. 3G3. 
 "!.). It would appear from the Symposium of 
 no, that even the Athenians frequently con- 
 dod their drinking-parties in rather a riotous 
 inner, and it was to guard against this that such 
 rties were forbidden at Sparta and in Crete, 
 lat. Min. p. 320. a.) 
 
 The wine was almost invariably mixed with 
 iter, and to drink it unmixed (a/cpoToe) was 
 iisidered a characteristic of b<arbarians. (Plat. Lef/. 
 p. 637. e.) Zaleucus is said to have enacted a 
 v among the Locrians, by which any one who 
 IS ill and drank of unmixed wine without the 
 inmand of his physician, was to be put to death 
 lelian, V. H. ii. 37) ; and the Greeks in general 
 nsidered unmixed \vine as exceedingly prejudicial 
 physical and mental health. (Athen. ii. p. 3G. 
 ) The Spartans attributed the insanity of Cleo- 
 'nes to his indulging in this practice, which he 
 u-nt from the Scythians. (Herod, vi. 84.) So 
 liversal was it not to drink wine unless mixed 
 ith water, that the word olvos is always applied 
 such a mixture, and whenever wine is spoken of 
 
 in connection with drinking, we are always to un- 
 derstand wine mixed with water, unless the word 
 OKparos is expressly added (to Kpcifia, Kairoi 
 uSaros fieTex"" '"^^'ovos, oivov KaKuvfieu, Plut. 
 Coiijvp. I' race. 20). 
 
 The proportion, in which the wine and water 
 were mixed, naturally difi'ered on different occa- 
 sions. To make a mixture of even half wine and 
 half water {Xitov icru) was considered injurious 
 (Athen. /. c), and generally there was a much 
 greater quantity of water than of wine. It appears 
 from Plutarch (Sump, iii.9), Athenaeus (x. p. 426), 
 and Eustathius (ad Od. ix. 209. p. 1(324), that the 
 most connnon proportions were 3:1, or 2 : 1, or 
 3 : 2. Ilesiod (()p. 596) recommends the first of 
 these. 
 
 The wine was mixed either with warm or cold 
 water : the former, which corresponded to the C'ldula 
 or C(dda of the Romans [Calida], was by far the 
 less common. On the contrary, it was endeavoured 
 to obtain the water as cool as possible, and for this 
 purpose both snow and ice were frequently em- 
 ployed. [Nix ; I'TKTH'P.] Honey was sometimes 
 put in the wine (Athen. i. p. 32. a.), and also 
 spices (Id. p. 31. e.) : in the latter case it received 
 the name of Tpl/xfia, and is frequently mentioned 
 b)' the writers of the New Cornedy. (Pollux, vi. 
 18.) Other ingredients were also occasionally 
 added. 
 
 The mixture was made in a large vessel called 
 the Kparrip [KPATH'P], from which it was con- 
 vej'ed into the drinking-cups by means of olvoxoai 
 or KvaQoi. [Cyathus.] The cups usually employ- 
 ed were the ki;A.i|, <p:d\T], Kapxriaiov, and navQa- 
 pos, of which an account is given in separate 
 articles. The 'PTTO'N, or drinking-horn, was also 
 very commonly used. We find several craters on 
 vases representing drinking scenes. (See for ex- 
 ample Mus. Borhon. v. t. 51.) 
 
 The guests at a SjTnposium reclined on couches 
 and were crowned with garlands of flowers, as is ex- 
 plained under AErnNON. A master of the revels 
 (apxw T^s TToVews, (rvfnru(r'iapxos or ^acriKevs) was 
 usually chosen to conduct the Symposium (vaiSaya- 
 -yfiu (TvnTrScnov, Plat. Leij. i. p. 641. a. b.), whose 
 commands the whole company had to obey, and 
 who regulated the whole order of the entertain- 
 ment, proposed the amusements, &c. The same 
 practice prevailed among the Romans, and their 
 Symposiarch was called the Magisier or Rex Con- 
 fivii, or the Arbiter Bibendi. The choice was 
 generally determined by the thromng of Astragali 
 or Tali ; but we find in Plato (St/mp. p. 213. e.) 
 Alcibiades constituting himself Symposiarch. The 
 proportion in which the wine and water were 
 mixed was fixed by him, and also how much each 
 of the company was to drink. The servants 
 (olyoxooi and oly-qpol ScpaTrocTes), usually young 
 slaves, who had to mix the wine and present it to 
 the company, were also under his orders ; but if 
 there was no SjTnposiarch, the company called for 
 the wine just as they pleased. (Xen. Si/mj).ii.'27 .) 
 
 Before the drinking commenced, it was agreed 
 upon in what way they should drink (Plat. Si/mp. 
 p. 176. a. b.), for it was not usually left to the 
 option of each of the company to drink as much or 
 as little as he pleased, but he was compelled to take 
 whatever the Sjnnposiarch might order. At Athens 
 they usually began drinking out of small cups 
 (yuerpia woTrjgia, Athen. x. p. 431. e.), but as the 
 entertainment went on, larger ones were intro- 
 
92G 
 
 SYMPOSIUM. 
 
 SYRINX. 
 
 duced. (Diog. Laert. i. 104.) In the Symposium 
 of Plato (p. 21,'}, 21 4) Alcibiades and Socrates each 
 empty an immense cup, containing eight cotylae, or 
 nearly four English pints ; and frequently such 
 cups were emptied at one draught (diri/eixTTl or 
 dixvarl irivew, dfj-uaTi^eiy, Athen. x. p. 431. b. ; 
 Lucian, Lemph. 8 ; Suidas, s. v. 'Afiva-T'i). 
 
 The cups were always carried round from right 
 to left (cTTi Se^ia), and the same order was ob- 
 served in the conversation and in everything that 
 took place in the entertainment (iirl Se^id Stairivfiv, 
 Plat. Hep. iv. p. 420. e. ; ivl Se^id \6'yov dTre7v, 
 p. 214. b.; Athen. xi. p. 4()3. e.). The com- 
 pany frequently drank to the health of one another 
 (irpuiriueiv (piKornaias, Lucian, Gull. 12 ; Athen. 
 xi. 4!)!!. d.), and each did it especially to the one 
 to whom he handed the same cup. This seems to 
 have been the custom, which Cicero alludes to, 
 when he speaks of " drinking after the Greek 
 fashion." {Graeco more hihere, Verr. ii. i. 26 ; com- 
 pare Tusc. i. 40 ; Graeci in cojiviviis Solent nomi- 
 nare, cui poailum tradiiuri sunt.) 
 
 Music and dancing were usually introduced, as 
 already stated, at Symposia, and we find few re- 
 presentations of such scenes in ancient vases with- 
 out the presence of female players on tlic flute and 
 the cithara. Plato, indeed, decidedly objects to 
 their presence, and maintains that it is only men 
 incapable of amusing themselves by rational con- 
 versation, that have recourse to such means of en- 
 joyment {Protag. p. 347. c. d. ; Si/mp. p. 176. e.) ; 
 but this says nothing against the general practice, 
 and Xenophon in his Symposium represents So- 
 crates mightily pleased with the mimetic dancing 
 and other feats performed on that occasion. The 
 female dancers and the players on the flute and 
 the cithara were frequently introduced at the 
 Symposia of young men for another purpose, and 
 were oftentimes actually 6Tai'pai['ETAI'PAI,p.481], 
 as we see clearly represented on manj' ancient vases. 
 (See for example Alus. Borlmn. v. t. 51.) Respect- 
 ing the different kinds of dances performed at 
 Symposia, see Saltatio. 
 
 Respecting the games and amusements by which 
 the SjTnposia were enlivened, it is unnecessary to 
 .say much here, as most of them are described in 
 separate articles in this work. Enigmas or riddles 
 (aiVt7ftoTa or yp7(poi) were among the most usual 
 and favourite modes of diversion. Each of the 
 company proposed one in turn to his right-li.and 
 neighbour : if he solved it, he was revvarded with a 
 crown, a garland, a cake, or something of a similar 
 kind, and sometimes with a kiss ; if he failed, he 
 had to drink a cup of unmixed wine, or of wine 
 mixed with salt water, at one draught. (Athen. x. 
 p. 457.) The Cottidws was also another favourite 
 game at Svmposia, and was played at in various 
 ways. [k6'TTAB02.] 
 
 The other games at Symposia, which require 
 mention, are, the d(rTpaya\i<Tfws and KvSeia, ex- 
 plained under Tali and Tesserae, the verTela, 
 spoken of under Latrunculi, and the x^^t'o'MOS- 
 The latter consisted in turning round a piece of 
 money placed upright on its edges, and causing 
 it suddenly to stop while moving by placing a 
 finger on its top. (Pollux, ix. 118; Eustath. ad 
 //.xiv. 291. p.986.) 
 
 Representations of Symposia are very common 
 on ancient vases. Two giiests usually reclined on 
 each couch ((cAi'cr)), as is explained on p. 320, and 
 illustrated by the following cut from one of Sir W. 
 
 Hamilton's vases, where the couch on the i 
 hand contains two persons, and that on the le 
 represented with only one, which does not ap 
 to have been the usual practice. The guests v 
 garlands of flowers, and the two who are reclii 
 on the same couch hold a phiala each in the r 
 hand. Sometimes there were four or five pen 
 on one couch, as in the woodcut on p. 302. 
 
 A drinking-party among the Romans was so 
 times called C'onvimum, but the word Coiim 
 more nearly corresponds to the Greek (TvixTT6a 
 [CoMissATlo.] The Romans, however, usu: 
 drank during their dinner (coena), which tliey 
 quently prolonged during many hours in the 1; 
 times of the republic and under the empire. Tl 
 customs connected with drinking differed li 
 from those of the Greeks, and have been incide 
 ally noticed above. 
 
 The preceding account has been mainly comp 
 ed from Becker's ChuriUes (i. p. 451, &c.) ■ 
 Gallus (ii. p. 235, &c.), where the subject is trea 
 at length. 
 
 SY'NTHESIS, a garment frequently worn 
 dinner, and sometimes also on other occasions, 
 it was inconvenient to wear the toga at table 
 account of its many folds, it was customary to h; 
 dresses especially appropriated to this purpt 
 called Testes cncnatoriae, or cocnatoria (Mart. x. 
 12; xiv. 135; Petr. 21), accuUtorm (Petr. 3 
 or Si/ntlieses. The Synthesis is commonly explan 
 to be a loose kind of robe, like the Pallium, 1 
 Becker (Gallus, i. p. 37) supposes from a couip; 
 son of a passage of Dion Cassius (Ixiii. 13) w 
 one of Suetonius (A'cr. 51) describing the dress 
 Nero, that it must liave been a kind of tunic, 
 iiHliimctitum rather than an amidus. [Ajiictii 
 That it was however an easy and comfortable ki 
 of dress, as we should say, seems to be exidi 
 from its use at table above mentioned, and a 
 from its being worn by all classes at the Sati 
 NALIA, a season of universal relaxation and enji 
 ment. (Mart. xiv. 1, 141; vi. 24.) More tl 
 this respecting its form we cannot say; it v 
 usually dyed with some colour (Mart. ii. 46 ; 
 29), and was not white like the tog-.i. 
 
 The word Synthesis is also applied to a set 
 wearing apparel or a complete wardrobe. (Dig. ■ 
 tit. 3. s. 38.) This use of the word agrees bet 
 with its etymology (trwfietriy, avvTl6riiJ.i) than 1 
 one mentioned above. (Becker, /. c.) 
 
 SYRINX ((ru>7|), the Pan's Pipe, or Pandt 
 Pipe, was the appropriate musical instrument 
 the Arcadian and other Grecian shepherds, and v 
 regarded by them as the invention of Pan, th 
 tutelary god (Virg. Buc. ii. 32 ; viii. 24), who v 
 sometimes heard playing upon it (avp'i^ovTos : i 
 Thcocrit. i. 3. 14. 16 ; Schol. in ioc; Longus, 
 
SYRINX. 
 
 ), as they imagined, on mount Maenalus. (Pans. 
 
 I. 36. § 5.) It was of course attributed to Fau- 
 I !, who was the same with Pan. (Hor. Canii. i. 
 ! 10.) When the Roman poets had occasion to 
 
 ntion it, they caUed it fistula (Virg. Hue. ii.36 ; 
 22. 25 ; Hor. Carm. iv. 1-2. 10 ; Ovid, Met. 
 
 i. 192 ; xiii. 784 ; Mart. xiv. G3 ; Tibull. i. 5. 
 
 .) It was also variously denominated according 
 1 the materials of which it was constructed, 
 ■ lether of cane (tctmi arundine, Virg. Dm. vi. 8 ; 
 . )m. Hymn.in Paiia , 15; iroifievlcf SovotKi, Bnnick, 
 
 lal. i. 489), reed {ralaitio, Virg. Hue. i. 10 ; ii. 
 I ; V. 2 ; KaKauos, Theocrit. viii. 24 ; Longus, 
 : i), or hemlock (eicuta, Virg. Bite. v. 85). In 
 Jieral seven hollow stems of these plants were 
 led together by means of wax, having been pre- 
 jjusly cut to the proper lengths, and adjusted so 
 [to form an octave (Virg. Hue. ii. 32. 3G) ; but 
 pietimes nine were admitted, giving an equal 
 |mber of notes. (Theocrit. viii. 18 — 22.) Another 
 I'ineraent in the construction of this instrument, 
 liich, however, was rarely practised, was to ar- 
 
 l u ' the pipes in a curve so as to fit the form of 
 
 ' lip, instead of arranging them in a plane. 
 ' lit. i. 129.) A syrinx of eight reeds is 
 I ill the gem figured on page G77. The an- 
 I woodcut is taken from a bas-relief in the 
 !i rtion at Appledurcombe in the Isle of Wight. 
 Wurs/ej/aimiii, pi. 9.) It represents Pan 
 
 iliiiing at the entrance of the cave, which was 
 
 ilitatcd to him in the Acropolis at Athens. He 
 
 a.N in his right hand a drinking-hom ['PITO'N] 
 
 il in his left a syrinx, which is strengthened by 
 
 0 transverse bands. 
 
 The ancients always considered the Pan's Pipe 
 5 a rustic instrument, chiefly used by those who 
 inded flocks and herds (Ilom. It. xviii. 526 ; 
 ipoU. Rhod. i. 577 ; Dionys. Perieg. 99(i; Longus, 
 
 2 ; i. 14 — IG ; ii. 24 — '2G) ; but also admitted 
 I regulate the dance. (Hes. Scut. 278.) The in- 
 j-'odiiction of it on more solemn occasions was very 
 InusuaL Telephanes of Megara refused to go to 
 [he Pythian Games on account of the perfonnance 
 n Pandean pipes (^avpiy^iv, Plutiirch, de HI us. p. 
 '084. ed. Steph.) The Lydians, whose troops 
 [larched to militaiy music, employed this together 
 vith other instruments for the purj)Ose (Herod, i. 
 7.) This instniment was the origin of the organ 
 
 jHvDRAULA]. 
 
 ! The term avpty^ was also applied to levels, or 
 iiarrow subterranean passages, made either in 
 "earching for n^etals, in mining at th? siege of a 
 itv (Polyaen. v. 17), or in fonning catacombs for 
 he dead. (Aelian, //. ^. vi.43 ; xvi. 15.) [J. Y.] 
 
 SYSSITIA. 927 
 
 SYRMA {ffipfM), which properly means that 
 which is drawn or dragged (from trvpu), is applied 
 to a dress with a train. The long Peplos worn by 
 the Trajan matrons was consequently a dress some- 
 what of this kind. (//. vi. 442.) The Syrma, how- 
 ever, was more especially the name of the dress 
 worn by the tragic actors, which had a train to it 
 trailing upon the ground ; whence the word is ex- ■ 
 plained by Pollux (vii. 67), as a TpaytKiv (poprtfui 
 evKTvpop-^vov, and is alluded to by Horace (Ai: 
 Poet. 215), in the words, 
 
 traxitque vagus per pulpita vestem. 
 
 (Compare Juv. viii. 229.) Hence we find Si/rma 
 used metaphorically for tragedy itself. (Juv. xv. 
 30 ; Mart. iv. 49.) 
 
 SYSSI'TIA (a-vcrtrkia). The custom of taking 
 the principal meal of the day in public prevailed 
 extensively amongst the Greeks from very early 
 ages. It existed not only with the Spartans and 
 Cretans, amongst both of whom it was kept up till 
 comparatively recent times, but also atMegara in the 
 age of Theognis (v. 305), and at Corinth in the time 
 of Periander, who it seems abolished the practice as 
 being favourable to aristocracy. (Arist. Pol. v. 9. 2.) 
 Nor was it confined to the 1 1 i llciiic nation : for ac- 
 cording to Aristotle (Pol. vii. 9), it prevailed still 
 earlier amongst the Oenotrians in the south of 
 Italy, and also at Carthage, the political and social 
 institutions of which state resembled those of 
 Sparta and Crete. {Pol. ii. 8.) The origin of the 
 usage cannot be historically established ; but it 
 seems reasonable to refer it to infant or ])atriarchal 
 communities, the members of which being inti- 
 mately connected by the ties of a close political 
 union and kindred, may naturally be supposed to 
 have lived together almost as members of the same 
 family. But however and wherever it originated, 
 the natural tendency of such a practice was to bind 
 the citizens of a state in the closest union ; and 
 accordingly we find that at Sparta, Lycurgus avail- 
 ed himself of it for this purpose, though we cannot 
 determine with any certainty whether he intro- 
 duced it there, or merely perpetuated and regulated 
 an institution, which the Spartans brought with 
 them from their mother-country and retained at 
 Spaita as being suitable to their position and agree- 
 able to their national habits. The latter supposi- 
 tion is perhaps the more probable. The Cretan 
 usage Aristotle (Pol. vii. 9) attributes to Minos; 
 this, however, may be considered rather " the 
 philosopher's opinion than as an historical tradi- 
 tion : " but the institution was confessedly of so 
 high antiquity, that the Peloponnesian colonists 
 may well be supposed to have found it already 
 existing in Crete, even if there had been no Dorian 
 settlers in the island before them. (Thirlwall, Hist. 
 o/Greeee, i. p. 287.) 
 
 The Cretan name for the Syssitia was 'AvSp^ta 
 (Arist. Pol. ii. 7), the singular of which is used to 
 denote the building or public hall where they were 
 given. This title aftbrds of itself a suflicient indi- 
 cation that they were confined to men and youths 
 only : a conclusion justified and supported by all 
 the authorities on the subject. (Plat. Lee/, vi. p. 
 780. d.) It is not however improbable, as Hoeck 
 {Creta, iii. p. 123) suggests, that in some of the 
 Dorian states there were syssitia of the young un- 
 married women as well as of the men. (Comp. 
 Pindar, Pyth. ix. 18.) All the adult citizens 
 partook of the public meals amongst the Cretans, 
 
928 
 
 SYSSITIA. 
 
 SYSSITIA. 
 
 and were divided into companies or "messes," 
 called 'Eraipioi, or sometimes dvSpeia. (Athen. iv. 
 p. 143.) These divisions were perhaps originally 
 confined to persons of the same house and kindred, 
 but afterwards any vacancies in them were filled up 
 at the discretion of the members. (Hoeck, iii. p. 
 126.) The divinity worshipped under the name of 
 Z€i)s 'EraipeTor (Hesych. s. v.) was considered to 
 preside over them. 
 
 According to Dosiadas, who wrote a history of 
 Crete (Athen. /. c), there were in every tomi of 
 the island (iravTaxoO) two public buildings, one for 
 the lodging of strangers (ffoi|Ur)T7;pioi'), the other 
 a common hall (dvSpeiov) for the citizens. In 
 the latter of these the syssitia were given, and in 
 the upper part of it were placed two tables for the 
 entertainment of foreign guests (^tuiKai TpoTrefai), 
 a circumstance deserving of notice, as indicating 
 the extent to which the Dorians of Crete encou- 
 raged mutual intercourse and hospitality. Then 
 came the tables of the citizens. But besides these 
 there was also a third table on the right of the en- 
 trance dedicated to Zeis levios, and perhaps used 
 for the purpose of making oiFerings and libations to 
 that god. 
 
 The Syssitia of the Cretans were distinguished 
 by simplicity and temperance. They always sat at 
 their tables, even in later times, when the custom 
 of reclining had been introduced at Sparta. (Cic. 
 pro Aim: 35.) The entertainment began with 
 prayer to the gods and libations. (Athen. iv. p. 
 143. e.) Each of the adult citizens received an 
 equal portion of fare, with the exception of the 
 "Archon," or "Master of the Tables," who was 
 perhaps in ancient times one of the KorXfioi, and 
 more recently a member of tlie -yepuvla or council. 
 This magistrate received a fourfold portion; "one 
 as a common citizen, a second as President, a third 
 for the house or building, a fourth for the furni- 
 ture" [twv (TKfvav, Heraclid. Pont, iii): an ex- 
 pression from which it would seem that the care of 
 the building and the provision of the necessarj^ 
 utensils and furniture devolved upon him. The 
 management of all the tables was under the super- 
 intendence of a female of free birth (ri wpoearriKvia 
 Trjs cvffcrn'ias yvvq), who openly took the best 
 fare and presented it to the citizen who was most 
 eminent in council or the field. She had three or 
 four male assistants under her, e.ach of whom again 
 was provided with two menial servants [KaArtipS- 
 poi, or wood-carriers). Strangers were served 
 before the citizens, and even before the Archon or 
 President. (Heracl. Pon. /. c.) On each of the 
 tables was placed a cup of mixed wine, from which 
 the messmates of the same company drank. At 
 the close of the repast this was replenished, but all 
 intemperance was strictly forbidden by a special 
 law. (Plat. Mi7ios, p. 2f;.5.) 
 
 Till they had reached their eighteenth year, when 
 they were classed in the a/yiXai, the youths accom- 
 panied their fathers to the syssitia along with 
 the orphans of the deceased. (Hoeck. iii. p. 185.) 
 In some places the youngest of the orphans waited 
 on the men ; in others this was done by all the 
 boys. (Ephor. ap, Strah. x. p. 483.) When not 
 thus engaged, they were seated near to the men 
 on a lower bench, and received oidy a half portion 
 of meat : the eldest of the orphans appear to have 
 received the same quantity as the men, but of a 
 plainer description of fare. (Athen. iv. p. 143.) 
 The boys like the men had also a cup of mixed 
 
 wine in common, which however was not rej 
 nished when emptied. During the repast a gene 
 cheei-fulness and gaiety prevailed, which were ■ 
 livened and kept up by music and singing. (A 
 man, ap. Strah. I. c.) It was followed by conver 
 tion, which was first directed to the public aiTaii'; 
 the state, and afterwards turned on valiant deeds 
 war and the exploits of illustrious men, wh. 
 praises might animate the younger hearers to 
 honourable emulation. While listening to this ci 
 versation, the youths seem to have been arrant 
 in classes {dvSpeia), each of which was placed \ 
 der tiie superintendence of an officer {iraiSovofu 
 especiall}' appointed for this purpose ; so that 1 
 syssitia were thus made to serve important politi 
 and educational ends. 
 
 In most of the Cretan cities, the expenses of t 
 syssitia were defrayed out of the revenues of t 
 public lands and the tribute paid by the Periot 
 the money arising from which was applied par 
 to the sen'ice of the gods, and partly to the ma 
 tenance of all the citizens both male and fema 
 (Arist. Pol. ii. 7. 4) ; so that in this respect th( 
 might be no difference between the rich and t 
 poor. From the statement of Aristotle compar 
 with Dosiadas (Athen. /. c), it appears probal 
 that each individual received his separate share 
 the public revenues, out of which he paid his qu( 
 to the public table, and provided with the rest I 
 the support of the females of his family. Tl 
 practice however does not appear to have prevail 
 exclusively at all times and in all the cities 
 Crete. In Lyctus, for instance, a colony frc 
 Sparta, the custom was different : the citizens 
 that town contributed to their respective tables 
 tenth of the produce of their estates ; a practi 
 which may be supposed to have obtained in otli 
 cities, where the public domains were not sufficie 
 to defray the charges of the syssitia. But both 
 Lyctus and elsewhere, the poorer citizens were 
 all probability supported at the public cost. 
 
 In connection with the accounts given by t 
 ancient authors respecting the Cretan syssitia thf 
 arises a question of some dilRculty, viz. how cov 
 one building accommodate the adult citizens a 
 youths of such towns as Lyctus and Gortjn 
 The question admits of only two solutions : we i 
 either misinfonned with respect to there being oi 
 one building in each town used as a common h; 
 or the number of Dorian citizens in each toi 
 must have been comparatively very small. 
 
 The Spartan Syssitia were in the main so simi 
 to those of Crete that one was said to be borrow 
 from the other. (Arist. Pol. ii. 7.) In later tin 
 they were called (peiS'nia, or the " spare meals,' 
 tenn which is probably a corruption of (piKlna, 1 
 love-feasts, a word corresponding to the Crel 
 eraipeia. (Gbttling, orf^mi. Oeco». p. 190 ; M 
 Icr, D<}r. iv. 3. § 3.) Anciently they were cal. 
 acSpcia, as in Crete. (Pint. Lyciir. c. 12.) Tli 
 differed from the Cretan in the following respe( 
 Instead of the expenses of the tables being defraj 
 out of the public revenues, every head of a fam 
 was obliged to contribute a certain portion at 
 own cost and charge ; those who were not able 
 do so were excluded from the public tables. (Ar 
 Pol. ii. 7. 4.) The guests were divided into com 
 nies generally of fifteen persons each, and all 
 cancies were filled up by ballot, in which una 
 mous consent was indispensable for election, 
 persons, not even the kings, were allowed what \ 
 
SYSSITIA. 
 
 ailed an o^i'Sitoj rifiipa (Hesych. s. r.) or excused 
 •om attendancp at the public tables, except for some 
 .itisfactory reason, as when engaged in a sacrifice, 
 r a chase, in which latter'case the indiv-idual was 
 .xiuired to send a present to his table. (Plut. /. c. 
 [\(/is, c. 10.) Each person was supplied with a 
 'ip of mixed wine, which was filled again when 
 ■quired ; but drinking to excess was prohibited at 
 parta as well as in Crete. The repast was of a 
 ;'.ain and simple cliaracter, and the contribution of 
 'ich member of a mess or (paS'iTiq^ was settled by 
 'w. (Wachsmuth, ii. 2. 24 ; Plut. I. c.) The 
 ■ incipal dish was the fie\as ^uij.6s or black broth, 
 ith pork. (Athen. iv. p. 141.) The eiraiKXov or 
 il'termeal (from the Doric olCkKov, a meal) was how- 
 j'er more varied, and richly supplied by presents of 
 me, poultrj', fruit, <S:c.,and other delicacies wdiich 
 I one was allowed to purchase. ["AI'KAON.] 
 oreover, the entertainment was enlivened by 
 eerful conversation, though on pubUc matters. 
 Cen. Lacoii. v. 6.) Singing also was fre- 
 ently introduced, as we learn from Alcman 
 ■'rag. 31), that " at the banquets and drinking 
 tertainments of the men it was fit for the guests 
 Ising the paean." The arrangements were under 
 b superintendence of the Polemarchs. 
 !The use and purposes of the institutions de- 
 liMbed above are very manifest. They united 
 i'3 citizens by the closest ties of intimacy and 
 I'tion, making them consider themselves as mem- 
 Pi's of one family, and childi-en of one and the 
 |!^e mother, the state. They maintained a strict 
 (id perfect separation between the higher and the 
 (i'jject classes both at Sparta and in Crete, and 
 |]{)t up in the former a consciousness of their su- 
 ^rior worth and station, together with a strong 
 iling of nationality. At Sparta also they were 
 {"inently useful in a military point of view, for 
 !■ members of the syssitia were fonned into cor- 
 J ponding military divisions, and fought together 
 ijthe field, as they had lived together at home, 
 ■^th more bravery and a keener sense of shame 
 (|5ws), than could have been the case with merely 
 Oince comrades. (Herod, i. 65.) Moreover "they 
 ge an efficacy to the power of public opinion 
 vich must have nearly superseded the necessity 
 cpenal laws." (Thirl wall, i. p. 289.) With re- 
 set to their political tendencies, they were de- 
 c'idly arranged upon aristocratical principles, 
 tugh no individual of a company or mess was 
 I'ked upon as superior to his fellows. Plutarch 
 ( v(ws. Si/mpos. vii. p. 332) accordingly calls them 
 O'iSpta dpLaroKpaTiKa, or aristocratical meetings, 
 al compares them with the Prytaneium and Thes- 
 Dthesium at Athens. 
 
 The simplicity and sobriety, which were in early 
 t es the characteristic both of the Spartan and 
 ( tan Syssitia, were afterwards in Sparta at least 
 s planted by luxury and effeminate indulgence. 
 1^ change was probably gradual, but the kings 
 i'us and Acrotatus (b. c. 300) are recorded as 
 li ing been mainly instrumental in accelerating it. 
 l," reformer Agis endeavoured but in vain to re- 
 s 'e the old order of things, and perished in the 
 a'mpt. (Plut. A(/is wnd C/eoin.) In his days 
 S rta contained 4500 families, out of which he 
 p posed to make fifteen syssitia, whence Mliller 
 liTs that formerly, when the niunber of families 
 Ti . 9000, the number of syssitia was thirty ; and 
 C'sequently that Herodotus, when he spoke of 
 l urgus having instituted the "syssitia" for war. 
 
 TABELLA. 92.0 
 
 alluded to the larger divisions and not the single 
 banqueting companies ; a conclusion justified by 
 the context. MiiUer moreover supposes, that in 
 this sense the Syssitia at Sparta corresponded to 
 the divisions of the state called obae, and some- 
 times (ppaTpiai, which were also thirty in number. 
 {Dorians, iii. 5. § 6, and 12. § 4.) 
 
 (Hoeck, Crc/a, iii. p. 120—139; HUllman's 
 Anfdnge, § 138; Thiriwall, Hist, of Greece, i. p. 
 288 and 331 ; Hermann, Lehrhuck de.r Griech. 
 Stoats. § 22 and 28.) [R. W— N.] 
 
 T. 0. 
 
 TABELLA, dim. of TABULA, a bUlet or 
 tablet, with which each citizen and judex voted in 
 the comitia and courts of justice. In the comitia, 
 if the business was the passing of a law, each citi- 
 zen was provided with two Tabellae, one inscribed 
 V. R. i. c. Uii Hoffas, " I vote for the law," the 
 other inscribed A. i. e. Antiquo, " 1 am for the old 
 law." (Compare Cic. ad Att. i. 14.) If the busi- 
 ness was the election of a magistrate, each citizen 
 was supplied \vith only one tablet, on which the 
 names of the candidates were -vvritten, or the ini- 
 tials of their names, as some suppose from the ora- 
 tion pro Domo,c. 43 ; the voter then placed a mark 
 {punctuni) against the one for whom he voted, 
 whence puncia are spoken of in the sense of votes. 
 (Cic. pro Plane. 22.) For further particulars re- 
 specting the voting in the comitia, see Dlribitores 
 and SiTELLA. 
 
 The judices were provided with three Tabellae : 
 one of which was marked with A. i. e. Ahsolvo, 
 " I acquit ;" the second with C. i. e. Condemno, 
 " I condemn ;" and the third witli N. L. i. e. Nov. 
 Liqicet, " It is not clear to me." The first of these 
 was called Tahetla ahsalutoria and the second Ta- 
 bella damnatoria (Suet. Octav. 33), and hence 
 Cicero {pro Mil. 6) calls the former litera sulutaris, 
 and the latter litera iristis. It would seem that in 
 some trials the Tabellae were marked with the 
 letters L. D. respectively, i. e. Libera and Damno, 
 since we find on a denarius of the Caelian gens a 
 Tabella marked with the letters L. D. ; and as we 
 know that the vote by ballot in cases of Perduellio 
 was first introduced by C. Caelius Caldus [Tabel- 
 LARiAE Leges], the TabeUa on the coin undoubt- 
 edly refers to that event. There is also a passage 
 in Caesar {D. C. iii. 83), which seems to intimate 
 that these initial letters were sometimes marked 
 on the tabellae : " Unam fore tabellam, qui Uher- 
 andos omni periculo censerent ; alteram, qui capitis 
 damnareni," &c. (Compare Spanlieim, Numism. 
 ii. p. 199.) 
 
 The cut annexed contains a copy of a coin of the 
 Cassian gens, in which a man wearing a toga is re- 
 presented in the act of placing a tabella, marked 
 
 BRITISH MUSEUM. 
 
 3 o 
 
930 TABERNA. 
 
 with the letter A. (i. e. ahsoho), in the cista. The 
 letter on the tabella is evidently intended for A. 
 
 For the other meanings of Tabella see Tabula. 
 
 TABELLA'RIAE LEGES, the laws by which 
 the ballot was introduced in voting in the comitia. 
 As to the ancient mode of voting at Rome, see 
 SuFFRAGiUM. There were four enactments known 
 by the name of Tabellariae Leges, which are enu- 
 merated by Cicero (de Leg. iii. 10"). They are 
 mentioned below according to the order of time in 
 which they were passed. 
 
 L Gabinia Le.k, proposed by the tribune Ga- 
 binius B. c. 1 3.0, introduced the ballot in the elec- 
 tion of magistrates (Cic. I. c.) ; whence Cicero {Agr. 
 ii. 2) calls the tabella "vindex tacitae libertatis." 
 
 2. Cassia Lex, proposed by the tribune L. Cas- 
 sius Longinus b. c. 137, introduced the ballot in 
 the "Judicium Populi," with the exception of cases 
 of Perduellio. The "Judicium Populi" undoubt- 
 edly applies to cases tried in the comitia by the 
 whole body of the people [Judex, p. 530, 531], 
 although Ernesti {Index Le//.) wishes to give a 
 different interpretation to the words. This law 
 was supported by Scipio Africanus the younger, 
 for which he was censured by the aristocratical 
 party. (Cic. de Ley. iii. 16 ; Brut. 25. 27 ; pro 
 Se,Ttio, 4U ; Ascon. in Coriiel. p. 78. ed. Orelli.) 
 
 3. Pahiria Lex, proposed by the tribune C. 
 Papirius Carbo B.C. 131, introduced the ballot in 
 the enactment and repeal of laws. (Cic. de Ley. 
 iii. 
 
 4. Caelia Lex, proposed by C. Caelius Caldus 
 B. c. 107, introduced the ballot in cases of Perduel- 
 lio, which had been excepted in the Cassian law. 
 (Cic. l.c.) 
 
 There was also a law brought forward by Marius 
 B.C. 11!), which was intended to secure freedom 
 and order in voting. (Cic. de Ley. iii. 17 ; Plut. 
 Mar. 4.) 
 
 TABELLA'RIUS, a letter-carrier. As the 
 
 Romans had no public post, they were obliged to 
 employ special messengers, who were called Tahel- 
 larii, to convey their letters (tahellm., literae), when 
 they had not an opportunity of sending them other- 
 wise. (Cic. Phil. ii. 31 ; Cic. ad Fam. xii. 12; 
 xiv. 22.) 
 
 TABE'LLIO, a notary. (Suidas, s. v.) Under 
 the empire the Tabelliones succeeded to the busi- 
 ness of the Scribae in the times of the republic. 
 [Scribae.] They were chiefly employed in draw- 
 ing up legal documents, and for this purpose usu- 
 ally took their stations in the market-places of 
 towns. (Cod. 4. tit. 21. s. 17; Novell. 73. c. 5, 
 &c.) They formed a special order in the state. 
 (Gothofr. ad Cod. Theod. 12. tit. 1. s. 3.) 
 
 TABERNA is defined by Ulpian as any kind 
 of building fit to dwell in, " nempe ex eo, quod 
 to/)«/ti- clauditur"(Dig. 50. tit. 10. § 183), or accord- 
 ing to the more probable etymology of Festus, be- 
 cause it was made of planks. (Festus, s. v. Contu- 
 beriiales, Ta/jen/acula.) Festus (s. v. Adtibernalis) 
 asserts that this was the most ancient kind of 
 abode used among the Romans, and that it was 
 from the early use of such dwellings that the words 
 iuherna and iahernaeulum were applied to military 
 tents, though the latter were constructed of skins. 
 We know very little of the form and materials of 
 the ancient tents ; but we may infer from the no- 
 tices we have of them that they were generally 
 composed of a covering of skins partly supported 
 by wooden props, and partly stretched on ropes. 
 
 TABULAE. 
 
 Sometimes, in a pennanent camp, they may \a\ 
 been constructed entirely of planks ; and soiiii 
 times, in cases of emergency, garments and rushi 
 were spread over any support that could be o' 
 tained. (Lipsius, de Milil. Roman, in oper. iii. 
 154 — •155.) From taberna, when used in th 
 sense, are derived tabernaculum, the more comm( 
 name of a tent, and Contubernales. 
 
 The usual meaning of taberna is a ship. Neith 
 the ancient authors nor the remains of Pompe 
 lead us to suppose that tradesmen often had the 
 shops forming part of their houses, as with us. 
 few houses are indeed found at Pompeii entire 
 devoted to the purposes of trade, consisting, th 
 is, of the shop and the rooms occupied by tl 
 tradesman and his family. 
 
 Most commonly, the shops formed a part of 
 large house, to the owner of which they belonge 
 and were by him let out to tradesmen. [Ho us 
 (Roman), p. 498.] Some of the shops round 
 house were retained by the owner for the sale 
 the produce of his estates. This arrangement 
 the shops was probably an improvement on ; 
 older plan of placing them against the walls 
 houses. Even under the emperors we find tb 
 shops were built out so far into the street as to c 
 struct the thoroughfare. Martial (vii. 61) m( 
 tions an edict of Domitian by which this pract 
 was put down, and the shops were confined with 
 the areas of the houses. 
 
 The following are the most remarkable clas; 
 of shops of which we have notices or remains. 
 
 1. Shops for the sale of wine, hot drinks, a 
 ready-dressed meat. [Caupona.] 
 
 2. Bakers' shops. Of these several have be 
 found at Pompeii, containing the mill as well 
 the other implements for making bread. [MoL 
 Pistor.] 
 
 3. Booksellers' shops. [Bibliopola.] 
 
 4. Barbers and Hairdressers' shops. [Barb 
 
 [P. S.] 
 
 TABERNA'CULUM. [Taberna ; Templui 
 TABLl'NUM. [House (Roman), p. 496. 
 TA'BULAE. This word properly means plai 
 or boards, whence it is applied to several objc( 
 as gaming-tables (Juv. i. 9(3), pictures (Cic. de. I 
 V. 1 ; Propert. i. 2. 22), but more especially 
 tablets used for writing, of which alone we havt 
 speak here. The name of Tabulae was applied 
 any flat substance used for writing upon, whet 
 stone or metal, or wood covered with wax. L 
 (i. 24) indeed distinguishes between Tabulae ■■ 
 Cera, by the former of which he seems to iii 
 tablets of stone or metal ; but Tabulae and Tube 
 more frequentlj' signify waxen tablets {tabi. 
 ceratae), which were thin pieces of wood usu; 
 of an oblong shape, covered over with wax (cei 
 The wax was written on by means of the sti 
 [Stilus.] These tabulae were sometimes n> 
 of ivory and citron-wood (Mart. xiv. 3. 5), 
 generally of the wood of a more common tree, 
 the beech, fir, &c. The outer sides of the tab 
 consisted merely of the wood ; it was only 
 inner sides that were covered over with v 
 They were fastened together at the back by mt 
 of wires, which answered the purpose of hinges 
 that they opened and shut like our books; 
 to prevent the wax of one tablet rubbing aga 
 the wax of the other, there was a raised mai 
 around each, as is clearly seen in the woodcul 
 p. 911. There were sometimes two, three, 
 
TABULAE. 
 
 TABULARIUM. 
 
 931 
 
 ', or even more, tablets fastened together in the 
 
 I i iiicntioned manner. Two such tablets were 
 
 ■ I ]>iiitiicha (Si'iTTuxa), which merely means 
 u ici'-tblded" (from irTU(r(ra> "to fold"), whence 
 
 have TTTu/cTiW, or with the t omitted, vvkt'iov. 
 ,0 Latin word pnijil/ares, which is the name fre- 
 ently given to tablets covered with wax (]\Iart. 
 .'. 3 ; Gell. xvii. 9 ; Plin. Ep. i. G), may perhaps 
 
 connected with the same root, though it is usu- 
 y derived from piiffillus, because they were small 
 'ough to be held in the hand. Such tablets are 
 mtioned as early as the time of Homer, who 
 ..^aksof a irtva^ ttti/kto'j. (//. vi.l69.) [Diptvcha.] 
 'iree tablets fastened together were called Tripti/- 
 'i (TpiTTTiixo), which Martial (xiv. (i) translates 
 
 li-iplkef: (cenic) ; in the same way we also read of 
 7//(;/)(;/c/;«(ir€VTCtJrTuxa) called by Martial(xiv. 4) 
 luitiipliecs (cerae), and of Pub/pft/clia (ttoAutttuxo) 
 Miiltiplices {cerae). The pages of these tablets 
 iv ti-e(juently called by the name of airae alone ; 
 l^ ive read of prima cera, altera cera^ "first page," 
 
 CI Hid page." (Compare Suet. Ner. 17.) In ta- 
 t-. containing important legal documents, espe- 
 lly wills, the outer edges were pierced through 
 th holes (foramina), through which a triple 
 l iid (linum) was passed, and upon which a seal 
 1^ then placed. This was intended to guard 
 . linst forgery, and if it was not done such docu- 
 ■nts were null and void. (Suet. Ner. 17; Paulus, 
 
 /iVc. V. 25. § 6 ; Testamentum.) 
 Waxen tablets were used among the Romans 
 
 ;i In lost every species of writing, where great 
 uth was not required. Thus letters were fre- 
 i;ntly written upon them, which were secured 
 [ being fastened together with packthread and 
 ilod with wax. Accordingly we read in Plautus 
 'ih rlnd. iv. 4. 64) when a letter is to be written, 
 letter cito stilura, ceram, et tabellas, et linum." 
 
 le sealing is mentioned afterwards (1. 96). (Com- 
 re Cic. iu Catil. iii. 5.) Tabulae and tabellae are 
 lerefore used in the sense of letters. (Ovid. Mat. 
 . Love-letters were written on very small 
 
 lil ts called Vitelliani (Mart. xiv. 8, 9), of which 
 nil however we do not know the meaning. Ta- 
 ts nf this kind are presented by Amor to Poly- 
 I'liuis on an ancient painting. (Mus. Dorhon. i. 
 
 Legal documents, and especially wills, were al- 
 Dst always written on waxen tablets, as mention- 
 abrive. Such tablets were also used for accounts, 
 which a person entered what he received and ex- 
 uded [Tabulae or Codex aceepti et e.rpensi, Cic. 
 '■0 ifosf. Com. 2), whence Novae Tabulae mean an 
 Mition of debts either wholly or in part. (Suet. 
 ^d. 42 ; Cic. rfe Off. ii. 23.) The above are merely 
 stances of the extensive use of waxen tablets ; it 
 inmr-cessary to pursue the subject further. Re- 
 i i ting the Tabulae Puhlieae see T.\bularium. 
 fwi) ancient waxen tablets have been discovered 
 a jierfect state of preservation, one in a gold 
 ine iour or five miles from the village of Abrud- 
 inya in Transylvania, and the other in a gold 
 nie in the village itself. Of this interesting disco- 
 ry an account has been published by Massmann 
 a wurk intitled "Libellus Aurarius, sive Tabulae 
 I itai-, et antiquissimae et unice Roraanae in 
 iiliiia Auraria apud Abmdbanyam, oppidulum 
 ranssylvanum, nuper repertae." Lipsiae (1841.) 
 n account of these tablets, taken from Massmann's 
 ;scription, will serve as a commentary on what 
 
 has been said above. Both the tabulae are tripty- 
 cha, that is, consisting of three tablets each. One 
 is made of fir-wood, the other of beech-wood, 
 and each is about the size of what we call a smaU 
 octavo. The outer part of the two outside tablets 
 of each exhibits the plain surface of the wood, the 
 inner part is covered with wax, which is now al- 
 most of a black colour, and is surrounded with a 
 raised margin. The middle taljlet has wax on 
 both sides with a margin around each; so that 
 each of the two tabulae contains four sides or four 
 pages covered with wax. The edges are pierced 
 through, that they might be fastened together by 
 means of a thread passed tlirough them. The wax 
 is not thick in either ; it is thinner on the beechen 
 tabulae, in which the stilus of the writer has some- 
 times cut through the wax into the wood. There 
 are letters on both of them, but on the beechen ta- 
 bulae they are few and indistinct ; the beginning 
 of the first tablet contains some Greek letters, but 
 they are succeeded by a long set of letters in un- 
 known characters. The writing on the tabulae 
 made of fir-wood is both greater in quantity and in 
 a much better state of preservation. It is written 
 in Latin, and is a copy of a document relating to 
 some business connected with a collegium. The 
 name of the consuls is given, which determines its 
 date to be A. D. 169. One of the most extraordi- 
 nary things connected with it is, that it is written 
 from right to left. The writing begins on what we 
 should call the last or fourth page, and ends at the 
 bottom of the third; and by some strange good 
 fortune it has happened that the same document 
 is written over again, beginning on the second 
 page and ending at the bottom of the first ; so that 
 where the writing is effaced or doubtful in the one 
 it is usually supplied or explained by the other. 
 
 Waxen tablets continued to be used in Europe 
 for the purposes of writing in the middle ages ; but 
 the oldest of these with which we are acquainted 
 belongs to the year 1301 A. D., and is preserved in 
 the Florentine Museum. 
 
 The tablets used in voting in the comitia and 
 the courts of justice were also called tabulae as 
 well as tabellae. [Tabellae.] 
 
 TABULA'RII were notaries or accountants, 
 who are first mentioned under this name in the 
 time of the empire. (Sen. Ep. 88; Dig. 11. tit. 6. 
 s. 7 ; 50. tit. 13. s. 1. § 6.) Public notaries, who 
 had the charge of public documents, were also 
 called tabularii (Dig. 43. tit. 5. s. 3), and these 
 seem to have differed from the tabeUiones in the 
 circumstance that the latter had nothing to do 
 with the custody of the public registers. Public 
 tabularii were first established by M. Antoninus 
 in the provinces, who ordained that the births of 
 all children were to be announced to the tabularii 
 within thirty days from the birth. (Capitol. M. 
 Anton. 9.) Respecting the other duties of the 
 public tabularii, see Cod. Theod. 8. tit. 2, and 
 Gothrofr. ad loc. 
 
 TABULA'RIUM, a place where the public 
 records (tabulae publicae) were kept. {Cic. pro C. 
 Rabir. ?>; pro Arch, i.) These records were of 
 various kinds, as for instance Senatusconsulta, Ta- 
 bidae Censoriae, registers of births, deaths, of the 
 names of those who assumed the toga virilis, &c. 
 (See Abram. ad Cic. Mil. 27.) There were various 
 tabularia at Rome, all of which were in temples ; 
 we find mention made of tabularia in the temples 
 of the Nymphs (Cic. /*)o Mil. 27), of Lucina, of 
 
 3 o2 
 
932 
 
 TArO'2. 
 
 TArO'2. 
 
 Juvenilis, of Libitina, of Ceres, and more especially 
 in that of Satiim, which was also the public trea- 
 sury. (Serrius, ad Vin/. Geori/. ii. 502 ; Capitol. 
 M. Anton. PUl. 9.) [Aerarium.] 
 
 A tabularium was also called by other names, as 
 Grammaiophylacium, Archium, or Archivum. (Dig. 
 48. tit. 19. s. 9.) In a private house the name of 
 Tahlinum was given to the place where the family 
 records and archives were kept. [House (Roman), 
 p. 49G.] 
 
 TAEDA or TED A, (Sai's, Ait. Sas, dim. SaSi'ov), 
 a light of fir- wood, called on this account pinea 
 taeda. (CatuU. lix. 15 ; Ovid. Fast. ii. 558.) Be- 
 fore the adoption of the more artificial modes of 
 obtaining light, described under Candela, El- 
 LvcHN'iuM, Fax, Funale, and Lucern.\, the 
 inhabitants of Greece and Asia Minor practised 
 the following method, which still prevails in those 
 countries, and to a certain extent in Scotland and 
 Ireland, as well as in other parts of Europe, which 
 abound in forests of pines. (Fellows, Ej--c. in Asia 
 Minor, p. 140, 333-335.) A tree having been 
 selected of the species Pinus Maritima, Linn., 
 ■which was called TreuKr; by the ancient Greeks 
 from the time of Homer (//. xi. 494 ; xxiii. 328), 
 and which retains this name, with a slight change 
 in its termination, to the present day, a large in- 
 cision was made near its root, causing the turpen- 
 tine to flow so as to accumulate in its vicinity. 
 This highly resinous wood was called Sas, i. e. 
 torch-wood ; a tree so treated was called euSaSos, 
 the process itself ivSaSoiv or SaSovpyeTv, and the 
 workmen employed in the manufacture, SaSovpyoi. 
 After the lapse of twelve months the portion thus 
 impregnated was cut out and divided into suitable 
 lengths. This was repeated for three successive 
 years, and then, as the tree began to decay, the 
 heart of the trunk was extracted, and the roots 
 were dug up for the same purpose. (Theophrast. 
 //. P. i. 6. § ] ; iii. 9. § 3, 5 ; iv. Ifi. § I ; x. 2. 
 § 2, 3 ; Athen. xv. 700 f.) These strips of resin- 
 ous pine wood are now called SaSi'a by the Greeks 
 of Mount Ida. (Hunt and Sibthorp, in WalpoWs 
 Mem. p. 120. 235.) 
 
 When persons went out at night, they took these 
 lights in their hands (Aristoph. Ecdes. G88. 970), 
 more particularly in a nuptial procession. (Horn. //. 
 xviii. 492; Hes. Scut. 275 ; Aristoph. Pax, 1317 ; 
 Ovid, Met. iv. 320 ; Fast. vi. 223.) Hence taedae 
 /etices signified "a happy marriage" (Catull. 61. 
 25 ; compare Prudent, c. St/mm. ii. 165) ; and these 
 lights, no less than proper torches, are attributed 
 to Love and Hymen. (Ovid, Mel. iv. 758.) 
 
 It was usual to place these articles as offerings 
 in the temples, especially at the gi'eat festivals. 
 (Theophrast. Cliar. 5. s. 3.) 
 
 Having been previously burnt into charcoal, 
 they were used in the manufacture of lamp-black or 
 Atramentum. (Vitniv. vii. 10 ; Plin. H. N. 
 XXXV. G. s. 25.) [J. Y.] 
 
 TAENIA or TAINI'A. [Vitta ; Strophium.] 
 
 TArO'2, a leader or general, was more especially 
 the name of the militarj^ leader of the Thessalians. 
 Under this head it is proposed to give a short ac- 
 count of the Thessalian constitution. 
 
 The Thessalians were a Thesprotian tribe (Herod, 
 vii. 176; Veil. Pat. i. 3), and originally came 
 from the Thesprotian Ephyra. Under the guid- 
 ance of leaders, who are said to have been descen- 
 dants of Hercules, they invaded the western part 
 of the country afterwards called Thessaly, and 
 
 drove out or reduced to the condition of Penes 
 or bondsmen the ancient Aeolian inhabitants (i 
 T(iT6 fjikv Alo\'iSa, vvv S4 Q^TTaXiav KaKovfiiv 
 Diodor. iv. 57). The Thessalians afterwards sprt 
 over the other parts of the country, and took p 
 session of the most fertile districts, and compel 
 the Peraebi, Magnetes, Achaean Phthiotae, a 
 other neighbouring people to submit to their autl 
 rity and to pay them tribute. (Thucyd. ii. 10 
 iv. 78 ; viii. 3 ; Aristot. Pol. ii. G.) The popu 
 tion of Thessaly therefore consisted, like that 
 Laconica, of three distinct classes. 1. The Pen 
 tae, whose condition was nearly the same as tl 
 of the Helots. [HENE'STAI.] 2. The suhj. 
 people, who inhabited the districts which were i 
 occupied by the Thessalian invaders. They p; 
 tribute, as stated above, but were personally fr' 
 though they had no share in the governmei 
 They corresponded to the Perioeci of Laconica, 
 which name they are called by Xenophon. {Hi 
 vi. 1. § 19.) [nEPl'OIKOI.] 3. The Thessah 
 conquerors, who alone had any share in the pub 
 administration, and whose lands were cultivat 
 by the Penestae. 
 
 For some time after the conquest Thessaly seei 
 to have been governed by kings of the race of Hi 
 cules, who may however have been only the hea, 
 of the great aristocratical families, invested with t 
 supreme power for a certain time. Under one 
 these princes, named Aleuas, the country was i 
 vided into four districts, Phthiotis, Histiaeot 
 Thessaliotis, and Pelasgiotis. (Aristot. ap. Harj 
 crat. s. V. TeTpapx'^o,: Strab. ix. p. 430.) Tl 
 division continued till the latest times of Thessahi 
 history, and we may therefore conclude that it w 
 not merely a nominal one. Each district may pi 
 haps have regulated its affairs by some kind of pi 
 vincial council, but respecting the internal gover 
 ment of each we are almost entirely in the dar. 
 (Thiriwall, Hist, of Greece, i. p. 437.) 
 
 When occasion required a chief magistrate w, 
 elected under the name of Tagus (ray is), who 
 commands were obeyed by all the four district 
 He is sometimes called king {^cuxiKeis, Herod. 
 G3), and sometimes apxo^. (Dionys. v. 74.) H 
 command was of a military rather than of a cii 
 nature, and he seefas only to have been appointi 
 when there was a war or one was apprehendc 
 Pollux (i. 128) accordingly in his list of milita] 
 designations classes together the Boeotarchs of tl 
 Thebans, the King of the Lacedaemonians, tl 
 Polemarch of the Athenians (in reference to h 
 original duties), and the Tagus of the Thessalian 
 We do not know the extent of the power whii 
 the Tagus possessed constitutionally, nor the tin 
 for which he held the office ; probably neither w 
 precisely fixed, and depended on the circumstance 
 of the times and the character of the individu; 
 (Thiriwall, i. p. 438.) He levied soldiers fro: 
 the states in each district, and seems to have fix( 
 the amount of tribute to be paid by the aUit 
 (Xenoph. Hell. vi. I. § 19.) When Jason w; 
 tagus he had an army of more than 8000 cavah 
 and not less than 20,000 hoplites (Xenoph. I.e. 
 and Jason himself says that when Thessaly is ui 
 der a tagus, there is an amy of GOOO cavalry an 
 10,000 hoplites. {Id. vi. 1. § 8.) The tribui 
 which Jason levied from the subject towns w; 
 the same as had been previously paid by one i 
 the Scopadae, whom Buttmann supposes to be tli 
 same Scopas as the one mentioned by Aelian {V-l 
 
TArO'2. 
 
 TALARIA. 
 
 933 
 
 I. 1) as a contemporary of Cyrus the younger. 
 Tien Thessaly was not united under the govern- 
 snt of a tiigus the subject towns possessed more 
 dependence. (Xenoph. Hell. vi. 1. § 9.) In later 
 nes some states called their ordinary magistrates 
 Tof (Biickh, Corp. Inscr. n. 1770), which may 
 ,ve been done however, as Hermann suggests, 
 ly out of affectation. 
 
 Thessaly however was hardly ever united under 
 e government. The different cities administered 
 feir own affairs independent of one another, 
 lough the smaller towns seem to have frequently 
 en under the influence of the more important 
 > {ruv 6| vnuv (twv ^apaakloiv) ripTqixivuv 
 \ewv, Xenoph. Hell. vi. 1. g ti). In almost all 
 >■ cities the form of govcnnnent was aristocratiad 
 •jvaffrela fiaWov la'oi'Ofiia ixpiHyTO to iyxapiov 
 WerTiToAoi, Thucyd. iv. 78), and it was chiefly 
 till' hands of a few great families, who were 
 -.cruded from the ancient kings. Thus Larissa 
 IS subject to the Aleuadae, whence Herodotus 
 i i. (i) calls them kings of Thessaly; Cranon or 
 iiiiiiiu to the Scopadae, and Pharsalus to the 
 "iiilae. (Compare Theocr. xvi. 34, &c.) These 
 had vast estates cultivated by the Penestae; 
 I re celebrated for their hospitality and lived 
 ,1 i^rincely manner {(piK6t,(v6s re Kal ixeyaKo- 
 ■eirris rdv BeTraMKOi' rpoirov, Xenoph. Hull. vi. 
 ,?; 3), and they attracted to their courts many of 
 ■ iMii'ts and artists of southern Greece. The 
 ' •■-.viiiian commonalt}' did not however submit 
 iH tiy to the exclusive rule of the nobles. Con- 
 I Is lictween the two classes seem to have arisen 
 liy, and the conjecture of ThirlwaU (i. p. 438), 
 ■it the election of a tagus, like that of a dictator 
 i|Home, was sometimes used as an expedient for 
 ^ping the commonalty under, appears very pro- 
 )le. At Larissa the Aleuadae made some coii- 
 (jisions to the popular party. Aristotle (Po/. v. 5) 
 f'aks, tliough we do not know at what time he 
 l|ers to, of certain magistrates at Larissa, who 
 ye the name of vo\iTo<pu\aKes, who exercised a 
 ^jerintendence over the admission of freemen, 
 ^ were elected themselves out of the body of the 
 |>ple, whence they were led to court the people 
 ija way unfavourable to the interests of the aris- 
 l!racy. There were also other magistrates at 
 larissa of a democratical kind, called AaptaaoTrom. 
 
 Sristot. Pul.m. 1.) Besides the contests between 
 : oligarchical and democratical parties, there 
 Vre feuds among the oligarchs themselves ; and 
 fh was the state of parties at Larissa under the 
 t'emment of the Aleuadae two generations be- 
 le the Persian war, that a magistrate was chosen 
 1 nnitual consent, perhaps from the commonalt}^ 
 I uiediate between the parties (opx""' /J-^o'iStos, 
 
 ■ istut. Pol. V. 5). At Pharsalus too at the close 
 the Peloponnesian war the state was torn asmi- 
 
 ; ■ by intestme commotions, and for the sake of 
 ; et and security the citizens entrusted the acro- 
 I is and the whole direction of the government to 
 ^lydamas, who discharged his trust with the 
 
 ictest integrity. (Xenoph. Hell. vi. 1. § 2, 3.) 
 
 The power of the aristocratical families however 
 
 ■ ms to have continued with little diminution till 
 
 ■ ards the close of the Peloponnesian war, when 
 ■ided democratical movements first begin to ap- 
 
 :.ir. At this time the Aleuadae and the Scopadae 
 1 lost much of their ancient influence. Pherae 
 
 il Phars;dus then became the two leading states 
 
 I'hessaly. At Pherae a tyranny, probably aris- 
 
 ing from a democracy, was established by Lyco- 
 phron, who opposed the great aristocratical fami- 
 lies, and aimed at the dominion of all Thessaly. 
 (Xenoph. //e/Z.ii.S. §4; Diodor.xiv.82.) The latter 
 object was accomplished by Jason, the successor and 
 probably the son of Lycophron, who eft'ected an 
 alliance with Polydamas of Pharsalus, and caused 
 himself to be elected tagus about B. c. 374. Whde 
 he lived the whole of I'hessaly was united as one 
 political power, but after his murder in B. c. 370 
 his family was torn asunder by intestine discords 
 and did not long maintain its dominion. The 
 ofHce of tagus became a tyranny under his succes- 
 sors, Polydorus, Polyphron, Alexander, Tisiphonus, 
 and Lycophron ; till at length the old aristocraticd 
 families called in the assisttmce of Philip of Mace- 
 donia, who deprived Lycophron of his power in 
 B. c. 353, and restored the ancient government in 
 the different towns. At Pherae he is said to have 
 restored popular or at least republican government. 
 (Diodor. xvi. 38.) The country however only 
 changed masters ; for a few years later (b. c. 344) 
 he made it completely subject to Macedonia by 
 placing at the head of the four divisions of the 
 country, tetrarchies or tetradarchies, which he re- 
 established, governors devoted to his interests and 
 probably members of the ancient noble families, 
 who had now become little better than his vassals. 
 (Dem. /"/ttY!);. ii. p. 71; iii.p.ll7; Harpocrat. s. ji.) 
 Thessaly from this time remained in a state of de- 
 pendence on the Macedonian kings (Polyb. iv. 76), 
 till the victory of T. Flaminius at Cynoscephalae in 
 B. c. ] 97 again gave them a show of independence 
 under the protection of the Romans. (Liv. xxxiii. 
 34 ; xxxiv. 51 ; Polj b. xviii. 30.) 
 
 (Buttmann, Alyilioloyiis, No. xxiL Von dem 
 Gesddechi tier Aleuaden; Voemel, de Thessaliae 
 incolis anticju. Frankf. 1829; Horn, de Tliessalia 
 Macedonum imperio subjeda, Gryphiae, 1829 ; 
 Tittmann, Darstelltmg d. (irkdi. Staatsverf. p. 713, 
 ice; Schdmann, Antuj. Juris pvhl. Graec. p. 401, 
 &c.; Hennami, i-f//;-i;tt7i d.ijriedi.Staatsall. § 178.) 
 
 TALA'RIA, small wings, flxed to the ancles 
 of Mercury and reckoned among his attributes. 
 (ireSiAo, Athen. xii. 537 f. ; irrrjj'OTreSiAoy, Orph. 
 Hymn, xxvii. 4 ; Ovid. Met. ii. 73() ; Fulgent. 
 Atytlml. i.) In many works of ancient art they 
 are represented growing from his ancles, as if they 
 were a part of his bodily frame ; but more fre- 
 quently they are attached to him as a part of his 
 dress, agreeably to the description of the poets 
 (Hom. //. xxiv. 340 ; Od. v. 44 ; Virg. Aeji. iv. 
 239) ; and this is commonly done by representing 
 him with sandals, which have wings fastened to 
 them on each side over the ancles. But there is a 
 most beautiful bronze statue of this divinity in the 
 museum at Naples, in which the artist, instead of 
 the sole of a sandal, has made the straps unite in a 
 rosette under the middle of the foot (see the wood- 
 cut on the following page), evidently intending by 
 this elegant device to represent the messenger of 
 the gods as borne through space without touching 
 the ground. 
 
 Besides Mercury the artists of antiquity also 
 represented Perseus as wearing winged sandals 
 {j\Ion. Matth. iii. 28 ; Inghirami, Vasi Fiilili, i. 
 tav. 70; iv. tav. ICO); because he put on those 
 of Mercmy, when he went on his aerial voyage to 
 the rescue of Andromeda. (Ovid, Aid. iv. 6()S- 
 677; Hes. Scut. 216-220; Eratosth. Catad. 22; 
 Hygin. Pod. Astron. ii. 12.) [Falx.] The same 
 
934 
 
 TALENTUM. 
 
 TALENTUM. 
 
 123, § 4), the date of which is uncertain (iih 
 the 1.55th OljTiipiad, or B. c. ItiO, according 
 Biickh), as weighing 138 di'achniae, 'S.T^pavncpof 
 according to tlie standard weights in the silver mi 
 ['APPTPOKOnErON.] In this system, howe\ 
 the relative proportion of the weights was 
 same as in the other ; we have, therefore, 
 
 appendage was ascribed to Minerva, according to 
 one view of her origin, viz. as the daughter of 
 Pallas. {Cic. Nat. Deor. m. 23; Tzetzes, Sc/tol. 
 171 Liicoph. 355.) [J. Y.] 
 
 TA'AAPOS. [Calathus.] 
 
 TALA'SSIO. [Marriagk (Roman), p. 605.] 
 
 TALENTUM (raKavrov) meant originally a 
 baluTice [Libra], then the substance weighed, and 
 lastly, and commonly, a certain weight, l/ie talent. 
 The Greelc system of money, as well as the Ro- 
 man [As], and those of most other nations, was 
 founded on a reference to weight. A certain 
 weight of silver among the Greeks, as of copper 
 among tlie Romans, was used as a representative 
 of a value, which was originally and generally 
 that of the metal itself. The talent, therefore, and 
 its divisions, are denominations of money, as well 
 as of weight. 
 
 The Greek system of weights contained four 
 principal denominations, which, though difl'erent at 
 dift'erent times and places, and even at the same 
 place for different sul)stances, always bore the same 
 relation to each otlier. These were the talent 
 (TakavTov), which was the largest, then the 7nina 
 {fiva), the drachma (Spax/J-v), and the obolus 
 (o€ok6s). Their relative values are exhibited in 
 the following table : — 
 
 Obol 
 
 
 a 
 
 Drachma 
 
 600 
 
 100 Mina 
 
 36,000 
 
 GOO 1 GO 
 
 Talent. 
 
 The multiples and subdivisions of the Drachma 
 and Obolus have been noticed under Drachma. 
 
 1. T/ie, Attn: Talent. It appears from existing 
 coins, which we have every reason to trust, since 
 the Attic silver money was proverbially good, that 
 the drachma, which was the unit of the system, 
 weighed 66'S grains. [Drachma.] Hence we 
 get the following values for the Attic weights, 
 in English avoirdupois weight : — 
 
 
 lb. 
 
 oz. 
 
 grs. 
 
 Obol 
 
 
 
 11-08 
 
 
 
 
 66-5 
 
 
 
 15 
 
 83-7-5 
 
 
 56 
 
 15^ 
 
 100-32 
 
 
 lb. 
 
 OZ. 
 
 grs. 
 
 Obol 
 
 
 59 
 
 15-29 
 
 
 
 91 
 
 91-77 
 
 
 1 
 
 4| 
 
 93-69 
 
 Talent 
 
 75 
 
 H 
 
 14-69 
 
 These values refer to the time after Solon, for 
 we have no drachmae of an earlier date. We 
 may, however, arrive at a probable conclusion re- 
 specting the state of things before Solon's reform 
 of the currency, by referring to another standai'd 
 of the talent, which was used in commercial trans- 
 actions, and the mina of which was called the com- 
 iiwreial mina {); /xi'a r] ^jxiTopiKri). This mina is 
 mentioned in a decree (Bdckh, Cof]i. Ivsctip. i. 
 
 These weights were used for all commodities, , 
 cept such as were required by law to be weigl 
 according to the other standard, which was also 
 one always used for money, and is therefore cal 
 the silver standard. No date is mentioned for 
 introduction of this system : it was therefore ] 
 bably very old ; and in fact, as Biickh has she 
 there is every reason to believe that it was the 
 system of Attic weights, which was in use be! 
 the time of Solon. (Bdckh, Piihl. Econ. of Atlien 
 p. 193 ; Metroloij. JJntersitch. ix. 1. p. 115.) S( 
 is known to have lowered the standard of mo 
 in order to relieve debtors, and Plutarch (Solmi, 
 informs us, on the testimony of Androtion, t 
 " Solon made the mina of 100 drachmae, wl 
 had foi-merly contained 73." It is incredible I 
 a large prime number, such as 73, should h 
 been used as a multiplier in any system of weigl 
 but what Plutarch meant to say was, that Si 
 made a mina, or 100 drachmae, out of the » 
 qnantitij of st/i-er, which was formerly used foi 
 drachmae. The proportion, therefore, of the 
 cient weights to those fixed by Solon was 100 : 
 Now this was very nearly the proportion of 
 commercial mina to the silver mina, nam 
 138 : 100, = 100 : 72 f|. But why should & 
 have adopted so singular a proportion ? It 
 probably an accident. Biickh has shown that ii 
 probability Solon intended to reduce the mina i 
 fourth, that is, to make 100 drachmae of the 
 coinage equal to 75 of the old, but that by s 
 inaccuracy of manufacture the new coins i 
 found to be a little too light ; and as Solon's c 
 age furnished the standard for all subsequent o 
 the error was retained. In fixing upon one-fo 
 as the amount of the reduction, Solon seem 
 have been guided by the wish of assimilating 
 Attic system to another which was extensi 
 used, but the origin of which is unknown, nmv 
 the Euboi'c talent, which will be presently spr 
 of. 
 
 The commercial weights underwent a changi 
 the decree mentioned above, which orders tha 
 drachmae of the silver standard shall be adde^ 
 the mina of 1 38 drachmae ; that to every five i 
 mercial minae one commercial mina shall be ad( 
 and to every commercial talent five comme 
 minae. Thus we shall have — 
 
 the mina =150 drachmae (silver), 
 5 minae — 6 minae (commercial), 
 the talent — 65 minae (commercial). 
 
 The five-minae weight of this system was e 
 to 71b. 1 3^ oz. 1 4-96 grs. avoirdupois, and the ta 
 to 85 lbs. "2-^ oz. 70-7 gTs. 
 
 " The weights were kept with great can 
 Athens. The standards or models (ariKafM 
 were deposited in the Acropolis ; and there 1 
 others in the keeping of persons appointed to 
 
TALENTUM. 
 
 TALENTUM. 
 
 935 
 
 arge of them, in the Prytaneura, at Piraeus, and 
 Eleusis." (llussev, p. '26, wiio quotes Bockh, 
 'scrip, i. 150, § 24 151, § 40 ; 123, § 5. 8.) 
 I The other Greek weights are computed from 
 I'eir relation to the Attic, as stated by ancient 
 (riters, and from existing coins. Unfortunately, 
 
 e writers do not always agree with the coins, 
 f r with each other. 
 
 ' 2. The Eubo'ic Talent is often reckoned equivalent 
 the Attic. Herodotus (iii. 8!)J makes the Baby- 
 iinian talent equal to 70 Euboi'c minae, Pollux 
 \. 6) to 7000 Attic drachmae, i. e. to 70 Attic 
 inae. Comparing these two statements we find 
 Je Attic and Euboic weights equal. But it is 
 |;ely tliat Pollux is not quite right, and that the 
 'iboi'c standard was a little greater than the 
 'ttic : for Aelian ( Var. Hist. i. 22) gives 72 Attic 
 Inao for the value of this same Babylonian talent, 
 lii li would make the ratio of the Euboic to the 
 ttic 72 : 70, which is the same as 75 : 72-iJ-. 
 
 tills fact we have the ground of the supposition 
 itL-il above, that Solon intended to assimilate the 
 'ttic standard to the Euboi'c : for we have seen that 
 V old Attic talent was to Solon's as 1 00 : 72f |. 
 ^<imiing that Solon intended this ratio to have 
 ■II 100 : 75, we have the rate of Solon's 
 
 iMit to its cuiiud value as 75 : 72§§, which is 
 iKi^t identical with the ratio of the Euboic talent 
 tlir Attic talent of Solon. The Euboic talent 
 III Id therefore exceed tlie Attic merely by the 
 Ml- which was made in the formation of the 
 
 ttrr. 
 
 Aiinther computation of the Euboic talent is 
 veil by Appian (Ifist. Sic. v. 2), who makes it 
 itid to 7000 drachmae, i. c. 70 minae, of Alexan- 
 ia. (See below, on the Alexandrian talent.) 
 
 ' Festus, in the Excerpta of Paulus (». v. Eubdicum 
 Irittum), makes it equal to 4000 denarii. This is 
 :ii ly an error : very probably Paulus applied the 
 iti inent of Festus respecting the Rhodiaii talent 
 the Euboic. (See below, on tlie Rhodian 
 
 Ment.) 
 
 The Romans seem to have reckoned both the 
 'iiboi'c and Attic talents equal to 80 Roman 
 lunds. (Polyb. xxi. 14; Liv. xxxvii. 45, com- 
 ired with Polyb. xxii. 2() ; Liv. xxxviii. 38.) 
 3. The Talent of Aeijina has been almost always 
 -nsiilered to have borne to the Attic the ratio of 
 : ticcnrding to the statement of Pollux, that the 
 cgiuetan talent contained 10,000 Attic drachmae, 
 id the drachma 10 Attic obols. (Poll. ix. 70. 86.) 
 :[r. Hussey, however, observes that this value would 
 ^ ve an Aeginetan drachma of 110 grains, whereas 
 le existing coins give an average of only 9() ; and 
 h explains the statement of Pollux as referring 
 ot to the old Attic drachmae of the full weight, 
 lit to the lighter drachma which was current in 
 id after the reign of Augustus, and which was 
 jout eifual to the Roman denarius. [Drachma.] 
 I Taking then the value of the drachma given by 
 le coins, we have the following values for the 
 .eginetan weights : — 
 
 Obol . 
 Drachma 
 Mina . 
 Talent . 
 
 lb. 
 
 oz. 
 
 grs. 
 
 
 
 16 
 
 
 
 96 
 
 1 
 
 
 78-96 
 
 82 
 
 3| 
 
 30'46 
 
 On the other hand, Biickh adheres to the pro- 
 ortion of 5 : 3, as given by Pollux, who could not 
 lie contends) have meant by drachmae those equal 
 
 to the denarii, because he is not making a calcula- 
 tion of his owm, suited to the value of the drachma 
 in his time, but repeating the statement of some 
 ancient writer, who lived when the Attic and 
 Aeginetan currencies were in their best condition. 
 Mr. Hussey himself states (p. 34), and for a simi- 
 lar reason to that urged by Bnckh, that when 
 Pollux speaks of the value of the Babylonian 
 talent in relation to the Attic, he is to bo under- 
 stood as referring to Attic money of tlie full 
 weight : and Bockh adds the important remark, 
 that where Pollux reckons by the lighter draclimae, 
 as in the case of the Syrian and small Egyptian 
 talents, this only proves that those talents had but 
 recently come into circulation. Bockh thinks it 
 very probable that Pollux followed the authority of 
 Aristotle, whom he used mucli, and who had fre- 
 quent occasions for speaking of the values of money 
 in his political works. 
 
 Again, as the Aeginetan standard was that 
 which prevailed over the greater part of Greece in 
 early times, we should expect to find some definite 
 proportion between it and the old Attic before 
 Solon : and, if we take the statement of Pollux, 
 we do get such a proportion, namely, that of 6 : 5. 
 
 Biickh supports his view by the evidence of ex- 
 isting coins, especially the old Macedonian, before 
 the adoption of the Attic standard by Philip and 
 Alexander, which give a drachma of about 110 
 grains, which is to the Attic as 5 : 3. The iden- 
 tity of the old Macedonian standard with the 
 Aeginetan is proved by Biickh {Mctrol. p. 89: 
 compare MVdler, Dor. iii. 10. § 12. and Aeginci. 
 p. 54-58). There are also other very ancient 
 Greek coins of this standard, which had their 
 origin, in all probability, in the Aeginetan system. 
 
 The lightness of the existing coins referred to 
 by Hussey is explained by Btickh from the well- 
 known tendency of the ancient mints to depart 
 from the full standard. 
 
 Mr. Hussey quotes a passage where Herodotus 
 (iii. 131) states that Democedes, a physician, after 
 receiving a talent in one year at Aegina, obtained 
 at Athens the next year a salary of 100 minae, 
 which Herodotus clearly means was more than 
 what he liad before. But, according to Pollux's 
 statement, the two sums were exactly equal. But 
 Herodotus says nothing of different standards ; 
 surely then he meant the same standard to be ap- 
 plied in both cases. 
 
 From comparing statements made respecting the 
 pay of soldiers, Hussey (p. 61) obtains 4 : 3 as 
 about the ratio of the Aeginetan to the Attic 
 standard. Bockh accounts for this by supposing 
 that the pay of soldiers varied, and by the fact that 
 the AegineUm money was actually lighter than the 
 proper standard, while the Attic at the same period 
 was very little below the full weight. 
 
 There are other arguments on both sides, but 
 what has been said will give a sufficiently complete 
 view of the question. 
 
 It is disputed whether the standards of Corinth 
 and Sicily followed that of Athens or that of 
 Aegina. For the discussion of this question the 
 reader is referred to the works of Bockh and 
 Hussey. 
 
 4. The Babylonian talent had to the Attic the 
 ratio of 7 : 6 according to Pollux (ix. 86) and 
 Herodotus (iii. 89), or 72 : 60 according to Aelian 
 ( Var. Hist. i. 22). Biickh, understanding these 
 statements as referring to the old Attic, makes the 
 
936 
 
 TALIO. 
 
 TALUS. 
 
 Babylonian standard equal to the Aeginetan. This 
 standard was much used for silver in the Persian 
 empire. 
 
 5. The accounts of the Egyptian, Alexandrian, 
 or Ptolemaic Talent are very confused. On the 
 whole it seems to have been equal to twice the 
 Attic. 
 
 6. The Tyrian Talent appears to have been ex- 
 actly equal to the Attic. 
 
 7. A Rhodian Talent is mentioned by Festus in 
 a passage which is manifestly corrupt (s. v. Ta- 
 lentum). The most probable emendation of the 
 passage gives 4000 cistophori or 7500 denarii as 
 the value of this talent. 
 
 8. A S;/rian Talent is mentioned, the value of 
 which is very uncertain. There were two sizes of 
 it. The larger, which was si.x times that used for 
 money, was used at Antioch for weighing wood. 
 
 9. A Cilician Talent of 3000 drachmae, or half 
 the Attic, is mentioned by Pollux (ix. 6). 
 
 The above were used for silver, but the actual 
 coinage went no higher than the drachma and a 
 few multiples of it, the highest known with cer- 
 fciinty being the tetradrachm. The raiua and 
 talent were sums of money, not eoins. 
 
 A table of Attic money up to the tetradrachma 
 is given under Dilachma. The raina was il. Is. 
 'id., the talent 243^ 15s. The Aeginetan mina 
 was, according to the existing coins, 5^. 14s. Id., 
 the talent 343/. 15s.; but according to the state- 
 ment of Pollux mentioned above, the mina was 
 bV. 15s. 5^/., the talent 4007. 5s. 
 
 A much smaller talent was in use for gold. It 
 was equal to 6 Attic drachmae, or about ^ oz. and 
 71 grs. It was called the^o/'/ talent, or the Siciliati 
 talent from its being much used by the Greeks of 
 Italy and Sicily. This is the talent always meant 
 when the word occurs in Homer. The Italian 
 Greeks divided it into 24 minimi, and afterwards 
 into 12 (Pollux, ix. G ; Festus, s. v. Talentuni), each 
 nummus containing 2-j litrae. [Compare Litra and 
 Sestkrtius.] This talent was perhaps so cailed 
 from the weight of gold contained in it being equal 
 in value to a talent of copper, for the proportional 
 value of gold to copper was 1000 : 1. This talent 
 seems to have been divided into three minae, each 
 equal in weight to a didrachm or stater ; for tlie 
 talent of Thyatira is said to have been equal to 
 three gold staters (Lex. Seg. p. 30G), and Pollux 
 (ix. 57) states that the gold stater was equal in 
 value to a mina. 
 
 This small talent explains the use of the term 
 tircat talent (magmim talentum), which we find in 
 Latin authors, for the silver Attic talent was rjreat 
 in comparison with this. But the use of the word 
 b}' the Romans is altogether very inexact. 
 
 There are other fcilents barely mentioned by an- 
 cient writers. Hes\-chius (s. v.) mentions one of 
 100 pounds (X'lTpav), Vitruvius (x. 21) one of 
 120 ; Suidas (s. v.), Hesychius, and Epiphanius 
 {de Mens. etPond.) of 125 ; Dionysius of Halicar- 
 nassus (ix. 27) one of 125 asses, and Hesychius 
 three of 165, 400, and 1125 pounds respectively. 
 
 Where talents arc mentioned in the classical 
 writers without any specification of the standard, 
 we must generally understand the Attic. [P. S.] 
 
 TA'LIO, from Talis, signifies an equivalent, but 
 it is used only in the sense of a punishment or 
 penalty the same in kind and degree as the mis- 
 chief which the guilty person has done to the body 
 of another. A provision as to Talio occurred in 
 
 the Twelve Tables : Si membrum rupit ni cum 
 pacit talio esto. (Festus, s. v. Talionis.) This p 
 sage does not state what Talio is. Cato as quo! 
 by Priscian (vi. p. 710. Putsch) says : Si q 
 membmm rupit aut os fregit, talione proxia 
 cognatus ulciscatur. The law of Talio was probal 
 enforced by the individual or his friends : it is r 
 probable that the penalty was inflicted under 
 decision of a court of justice. It seems likely tb 
 it bore some analogy to the pennission to kill 
 adulterer and adultress in certain cases, which t 
 Julia Lex confirmed ; and if so, the law would ( 
 fine the circumstances under which an injured pi 
 son or his cognati might take this talio. T 
 punisliment of death for death was talio ; but it 
 not said that the cognati could inflict death i 
 deatli. Talio, as a punishment, was a part of t 
 Mosaic law : " breach for breach, eye for ej 
 tooth for tooth : as he hath caused a blemish in 
 man, so shall it be done to him again." {Lex 
 xxiv. 20.) _ [G. L.] 
 
 TALUS {a(TTp&ya.\os), a huckle-bone. T 
 huckle-bones of sheep and goats have often bei 
 found in Greek and Roman tombs, both real, ai 
 imitated in ivory, bronze, glass, and agate. Tho 
 of the antelope (SopKoScioi) were sought as objec 
 of elegance and curiosity. (Theoph. Char. ., 
 Athen. v. 193 f ) They were used to play wi 
 from the earliest times, principally by women ai 
 children (Plut. Alcib. p. 350), occasionally by o 
 men. (Cic. de Scnect. 16.) A painting by Ale, 
 ander of Athens, found at Resina, represents tv 
 women occupied with this game. One of thei 
 having thrown the bones upwards into the air, h; 
 caught three of them on the back of her lian 
 (Ant. d'' Ere. i. tav. I.) See the annexed wooi 
 cut, and compare the account of the game in Polli 
 (ix. cap. 7). 
 
 Polygnotus executed a similar work at Delphi, rc 
 presenting the two daughters of Pandarus thus eii 
 ployed {vai^ovaas darpa-yaKois, Paus. x. 30. § 1 
 But a much more celebrated production «vas tli 
 group of two naked boys, executed in bronze b 
 Polycletus, and called the Astra()alizontes. (Plii 
 H. N. xxxiv. 8. s. 19.) A fractui-ed marble grou 
 of the same kind, preserved in the British Museuii 
 exhibits one of the two boys in the act of bitin 
 the ann of his play-fellow so as to present a Uvel 
 illustration of the account in Homer of the fat: 
 quarrel of Patroclus. [11. xxiii. 87, 88.) To pla 
 at this game was sometimes called irecTaAiS/feii 
 because five bones or other objects of a similar kiu 
 were employed (Pollux, I. c.) ; and this number i 
 retained among ourselves. 
 
TAMI'A2. 
 
 TAMI'AS. 
 
 937 
 
 Whilst the tali were without artificial marks, the 
 nie was entirely one of skill ; and in ancient no 
 .s than in modem times, it consisted not merely 
 catching the five bones on the back of the hand 
 sho\VTi in the wood-cut, but in a great v;iriety of 
 ■ercises requiring quickness, agility, and accuracy 
 f sight. When the sides of the bone were 
 irked with difierent values, the game became 
 !■ if chance. [Alea ; Tessera.] The two ends 
 •re left blank, because the bone could not rest 
 iion either of them on account of its curvature, 
 lie foui' remaining sides were marked with the 
 unbers 1, 3, 4, (i, 1 and (! being on two oppo- 
 r sides, and 3 and 4 on the other two opposite 
 les. The Greek and Latin names of the nura- 
 rs were as follows. (Pollux, I. c; Eustath. 
 ffum. II. xxiii. 88; Sueton. ^1 71; Mart, 
 ii. 1. G) : — 1. Mocds, eir, Kvoif, XToj (Bmnck, 
 -/I'/, i. 33. 242); Ion. OXvi): Unm, Vidturiiis, 
 iii-i (Propert. iv. 9. 17; Ovid, Art.Amat.W. 
 !."> ; Fast. ii. 473): 3. Tpias: Tcrnio ; 4. Terpds: 
 'i:iii'niio ; 6. 'E|dj, e^iTijs, KaSos : Scnio. 
 
 the bone is broader in one direction than in 
 "ther, it was said to fall upright or prone 
 ('t'fis )} irpTivijs, rectus wit promts), according as it 
 -trd (m the narrow or the broad side. (Plutarch, 
 I'ipos. Prob. p. 1209, ed. Steph. ; Cic. Fin. iii. 
 
 Two persons played together at this game, using 
 ur bones, which they threw up into the air, or 
 iptied out of a dice-box [Fritillus], and ob- 
 irving the numbers on the uppermost sides. The 
 luubcrs on the four sides of the four bones admitted 
 ,' thirtj'-five different combinations. The lowest 
 ■ row of all was four aces {Jacit voltorios quatuor, 
 «laut. Cure. ii. 3. 78). But the value of a throw 
 s3o'Aos, jacius,) was not in all cases the sum of 
 i.e four numbers turned up. The highest in value 
 j as that called Venus, ox jactus Venereus (Plant. 
 \sin. V. 2. 5.5 ; Cic. Die. ii. 59 ; Sueton. I.e.), in 
 ^hich the numbers cast up were all different (Mart. 
 V. 14), tlie sum of them being only fourteen. It 
 as by obtaining this throw that the king of the 
 ast was appointed among the Romans (Hor. 
 \arm. i. 4. 18 ; ii. 7. 25) [Symposium], and 
 -Mice it was also called Basilieus. (Plant. Cure. ii. 
 
 80.) Ceitain other throws were called by par- 
 cular names, taken from gods, illustrious men and 
 omen, and heroes. Thus the throw, consisting 
 r two aces and two trays, making eight, which 
 imiher, like the jactus Venereus, could be obtain- 
 1 only once, was denominated Stcsidwrus. When 
 le object was simply to throw the highest num- 
 ers, the game was called irA€i(rTo§oAi'c5a. (Pollux, 
 !ii. 206; ix. 95. 110. 117.) Before a person 
 irew the tali, he often invoked either a god or his 
 listress. (Plant. Capt. i. 1. 5; Cure. ii. 3. 77- 
 9.) These bones, marked and thrown as above 
 escribed, were also used in divination. (Sueton. 
 Vjer. 14.) 
 
 In the Greek mythology Cupid and Ganymede 
 "ere supposed to play together at huckle-bones 
 u Mount Olvmpus (Apollon. Rhod. iii. 113-12(; ; 
 'hilostr. Jun. Imaf/. 8) ; and they are thus repre- 
 ented in some remaining specimens of ancient 
 ;ulpture. (Winckelmann, Mon. lucd. cap. 13; 
 icvezow, in Botti</er''s Amalth. i. p. 175-197.) 
 
 [J. Y.] 
 
 TAMI A2. This was a name given to any per- 
 on who had the care, managing, or dispensing of 
 loney, stock, or property of any description, con- 
 
 fided to him ; as a steward, butler, housekeeper, 
 storehousekeeper, or treasurer. And the word is 
 applied metaphorically in a variety of ways. But 
 the Tafiiai, who will fall under our notice in this 
 article, are certain officers entrusted with import- 
 ant duties by the Athenian government ; and more 
 especially the treasurers of the temples and the 
 revenue. 
 
 In ancient times every temple of any importance 
 had property belonging to it, besides its furniture 
 and oniaments ; and a treasury where such pro- 
 perty was kept. Lands were attached to the 
 temple, from which rents accrued ; fines were made 
 payable to the god ; trophies and other valuables 
 were dedicated to him by the public ; and various 
 sacred offerings were made by individuals. There 
 was a TUfilai Upuv xpl/it'Tw;', who, together with 
 eTrifTToToi and hpoiroioi, had the custody and 
 management of these funds. The wealthiest of aU 
 the temples at Athens was that of Minerva in the 
 Acropolis, in which were kept the spoils taken 
 from the Persians (rd dpiffrela rijs iT6\eas), be- 
 sides magnificent statues, paintings, and other 
 works of art. (Demosth. e. Timocr. 741.) To the 
 Goddess large fines were specially appropriated by 
 the law, or given by decree of the courts or the 
 assembly ; and besides this she received a tenth of 
 all the fines that went to the state, a tenth of all 
 confiscations and prizes taken in war. Her trea- 
 surers were called rafiiai Trji &eoC, or rHv ttJj 
 deov, or rafiiai lepuv xP'^t^^.Tosv rijs &eoC, and 
 sometimes simply ra/ilai. (Demosth. c. Amirot. 
 615.) They appear to have existed from an early 
 period. Herodotus (viii. 51. 53) relates that the 
 Ta/j.'iai ToO UpoO with a few other men awaited the 
 attack of Xer.xes upon the Acropolis, and perished 
 in its defence. They were ten in number, chosen 
 annually by lot from the class of Pentacosiome- 
 dimni, and afterwards, when the distinction of 
 classes had ceased to exist, from among the wealth- 
 iest of Athenian citizens. (Harpocr. and Siud. s. v. 
 Tafiiai.) The treasurers of the other gods were 
 chosen in like manner; but they, about the 90th 
 Olympiad, were all united into one board, whOe 
 those of Pallas remained distinct. (Demosth. c. 
 Timocr. 743.) Their treasury, however, was trans- 
 ferred to the same place as that of Minerva, viz. to 
 the Opisthodomus of the Parthenon, where were 
 kept not only all the treasures belonging to the 
 temples, but also the state treasure [oaia xpi^lJ-O'^a, 
 as contra-distinguished from lepd), under the care 
 of the treasurers of Pallas. ( Aristoph. I'lut. 1 1 94.) 
 All the funds of the state were considered as being 
 in a manner consecrated to Pallas ; while on the 
 other hand the people reserved to themselves the 
 right of making use of the sacred monies, as well 
 as the other property of the temples, if the safety 
 of the state should require it. (Thucyd. ii. 13.) 
 PajTOents made to the temples were received by 
 the treasurers in the presence of some members of 
 the senate, just as public monies were by the 
 Apodectae ; and then the treasurers became re- 
 sponsible for their safe custodj'. As to fines see 
 'EniBOAH', nPA'KTOPES, and on the whole of 
 this subject Biickh, Staatsh. der Ailten, i. 172 — 176. 
 
 The treasurer of the revenue, rafiias or 67ri- 
 /ieAi)T7)s riis Koivijs irpoirdSov. was a more import- 
 ant personage than those last mentioned. He was 
 not a mere keeper of monies, like them, nor a mere 
 receiver, like the Apodectae ; but a general pay- 
 master, who received tlirough the Apodectae all 
 
938 
 
 TAMI'AS. 
 
 TAPES. 
 
 money which was to be disbursed for the purposes 
 of the administration (except the property-taxes, 
 which were paid into the war-office, and the tri- 
 bute from the allies, which was at first paid to the 
 Hellenotaniiae, and afterwards to other persons 
 liereafter mentioned), and then distributed it in 
 sucli manner as he was required to do by the law ; 
 the surplus (if any) he paid into the war-office or 
 the Theoric fund. As this person knew all the chan- 
 nels in which the public money had to flow, and 
 exercised a general superintendence over the ex- 
 penditure, he was competent to give advice to the 
 people upon financial measures, with a view to im- 
 prove the revenue, introduce economy, and prevent 
 abuses ; he is sometimes called rafiias rrjs Sioiktj- 
 (Tcais, or d iirl t^j SiotKri<Teti>s, and may be re- 
 garded as a sort of minister of finance. To him 
 Aristophanes refers in Equit. 947. He was elect- 
 ed by x^'poTOd'a, and held his office for four years, 
 but was capable of being re-elected. A law, how- 
 ever, was passed during the administration of 
 Lycurgus, prohibiting re-election ; so that Lycur- 
 gus, who is reported to have continued in office 
 for twelve years, must have held it for the last 
 eight years under fictitious names. The power of 
 this officer was by no means free from control ; 
 inasmuch as any individual was at liberty to pro- 
 pose financial measures, or institute criminal pro- 
 ceedings for malversation or waste of the public 
 funds ; and there was an avTiypa<pi\)S tt\s Sioikti- 
 aeas appointed to check the accounts of his supe- 
 rior. Anciently there were persons called Hopiarai 
 who appear to have assisted the Ta/Miai in some part 
 of their duties. (Bdckh, 177.) [nO[-i2TAl'.] 
 The money disbursed by the treasurer of the 
 revenue was sometimes paid directly to the various 
 persons in the employ of the government, some- 
 times through subordinate pay offices. Many pub- 
 lic functionaries had their own paymasters, who 
 were dependent on the rafxias rijs irpoffoSov, re- 
 ceiving their funds from him, and then distributing 
 them in their respective departments. Such were 
 
 the TpiTjpOTTOloi, TClXOT'OLo!, oSoTTOloi, TCUppOTTULoi, 
 
 t7r6/i6Ar)Tai vewptuv, who received through tiieir 
 own TO/ui'ai such sums as they required from time 
 to time for the prosecution of their works. The pay- 
 ment of the judicial fees was made by the Colaeretae 
 (/caiAoKpeTat), which, and the providing for the 
 meals in the Prytaneum, were the only duties that 
 remained to them after the establishment of the 
 Apodcctae by Clisthenes. (Aristoph. I'c»p. 695. 
 724.) The raiiiai of the sacred vessels, t^s 
 nopo\ou and ttjs 2a\o;iic!as, acted not only as 
 treasurers, but as trierarchs ; the expenses (amount- 
 ing for the two ships together to about sixteen 
 talents) being provided by the state. They were 
 elected by x^'P""'"""'^"- (Demosth. c. Mid, 570 ; 
 Pollux, viii. ] IG.) Other trierarchs had their own 
 private rajxlai, for the keeping of accounts and 
 better dispatch of business. (Biickh, Id. 183 — 
 186. 196 ; Schomann, Ant. jur. piibl. Or. 230. 
 312.) 
 
 The duties of the 'EWrjVoran'iai are spoken of 
 in a separate article. [Hellenotamiae.] 
 
 The war fund at Athens (independently of the 
 tribute) was provided from two sources, 1st, the 
 property-tax ['EI24>OPA'j, and secondly, the sur- 
 plus of the yearly revenue, which remained after 
 defraying the expenses of the civil administration, 
 TO ■nipidvTa xpii^cTa t-^j ZioiKr\mws. Of the ten 
 2TpaTT)7oi, who were annually elected to preside 
 
 over the war department, one was called arparr} 
 6 eVi Tris 5ioiK-rj(T€ws, to whom the managem 
 of the war fund was entrusted. He had un 
 him a treasurer, called Ta/ii'os rav crTpaTiaiTiK 
 who gave out the pay of the troops, and defni; 
 all other expenses incident to the service. . 
 mosthenes, perhaps on account of some abu 
 which had sprung up, recommended that 
 generals should have nothing to do with the a 
 tary fund, but that this should be placed under 
 care of special officers, rapi'iai Koi 5rtp.6<Ttoi, v, 
 should be accountable for its proper applicatic 
 Tov fj.ev TtDf XPV/J-O-''''^'' ^6yov irapd tout 
 \afj.§dveiv, tov 5e tcuc ipywv irapA tov o'TpaT7)7 
 (IJe Cherson. 101.) The passage just cited C' 
 firms the opinion of those who think that in I 
 mosth. de Coron. 238. 265, the words ti M i 
 iioiKri<Te(iis refer to a ffTpaTrtyds so designat 
 and not to the Tafi'ias Tris irpo(r6^ov. (Schomai 
 A7it. jur. puU. Or. 252. n. 7 ; Bcickh, Id. 19 
 Meier, Ait. Proc. 105.) 
 
 So much of the surplus revenue, as was not 
 quired for the purposes of war, was to be paid 
 the treasurer of the revenue into the Theoric fur 
 of which, after the archonship of Euclides, spec 
 managers were created. [©EflPIKA'.] 
 
 Lastly, we have to notice the treasurers of t 
 demi, h^p-wv Tap.'iai, and those of the tribes, <pv\ 
 TafiLM, who had the care of the funds belonging 
 their respective communities, and performed dut 
 analogous to those of the state treasurers. T 
 demi, as well as the tribes, had their coram 
 lands, which were usually let to farm. The rei 
 of these fonned the principal part of their reveni 
 4>uAopxor, S-i^papxoi, and other local functionar 
 were appointed for various purposes ; but with i 
 spect to their internal economy we have but scan 
 information. (Schomann, de Comit. 371 — 371 
 Ant, jur. pull. Or. 203, 204.) [C. R. K.] 
 
 TAPES or TAPE'TE (Non. MarceU. p. % 
 ed. Merceri), Tt^Trijj, tottij, or SaTrts, dim. SottISh 
 a piece of tapestry, a carpet. 
 
 The use of tapestry was in very ancient tin 
 characteristic of oriental rather than of Europe 
 habits (Athen. ii. p. 48. d.) ; we find that t 
 Asiatics, including the Egyptians and also t 
 Carthaginians, who were of Asiatic origin, excell 
 in the manufacture of carpets, displayed them 
 festivals and other public occasions, and gave thi 
 as presents to their friends. (Xen. Anab. vii. 
 § 18. 27.) They were nevertheless used by t 
 Greeks as early as the age of Homer (//. xvi. 22 
 xxiv. 230. 645 ; 0</. iv. 298 ; vii. 337), and 
 some of the later Roman Emperors they were giv 
 as presents to the combatants at the Circensi 
 Games. (Sidon. ApoU. Carm. xxiii. 427.) T 
 places most renowned for the manufacture wi 
 Babylon (Anian, Exped. Alea: vi. p. 436. i 
 Blanc; Sidon. Apoll. /i'^)is<. ix. 13) [Babyloi 
 cum]. Tyre and Sidon (Heliodor. v. p. 252. ( 
 Commelin.), Sardes (Athen. ii. p. 48. b. ; vi. p. 21 
 e. ; xii. p. 514. c. ; Non. Marcell. p. 542), Milel 
 (Aristoph. Han. 542), Alexandria (Plant. Psend 
 2. 14), Carthage (Athen. i. p. 28. a.), and Corin 
 (Athen. i. p. 27. d.) In reference to the textu 
 these articles were distinguished into those whi 
 were light and thin with but little nap, chie 
 made at Sardes and called >|/i\oTo7ri5ej (Athen. 
 p. 255. e. ; xii. p. 514. c. ; Diog. Laert. v. 72),a 
 those in which the nap {fia\x6s) was more abui 
 ant, and which were soft and woolly (ouAoi, Ho 
 
TAEI'APXOI. 
 
 TEGULA. 
 
 939 
 
 ^ xvi. 224 ; /ioKaKoO ip'ioio, Od. iv. 124). The | 
 jjcker and more expensive kinds (fioWaiTOi) re- 
 Jnbled our baize or drugget, or even our soft and 
 ijirm blankets, and were of two sorts, viz. those 
 jiich had the nap on one side only (€TepO|Ua\Aoi), 
 I'd those which had it on both sides, called 
 y<f>lTaTtoi (Athen. v. p. 197. b. ; vi. 255. e. ; Diog. 
 lert. V. 72, 73), amphiiapae (Non. Marcell. p. 
 [:0 ; Lucil. Sal. i. p. 188. ed. Bip.), or dfj.<ptTa.TrriT€S 
 pustath. ill Hum. II. ix. 200), and also dfj.tpliJ.aWoi 
 J ampliimalla. (Plin. H. N. viii. 48. s. 73.) In- 
 Ijead 01 being always used, like blankets, in single 
 Jeces as they came from the loom [Pallium], 
 trpets were often sewed together. (Plaut. Sticli. 
 |i 2. 54.) They were frequently of splendid co- 
 urs, being dyed either with the kemies (Hor. 
 
 ii.'G. 102 — lOG) or with themurex (dAoupyeij, 
 j\.i7rop<^upoi), and ha\dng figures, especially hunt- 
 «g-pieces, woven into them. (Sidon. Apoll. /. c. ; 
 jlaut. Pseud, i. 2. 14.) Tliese fine specimens of 
 ipestry were spread upon thrones or chairs, and 
 bon benches, couches, or sofas at entertainments 
 Horn. //. ix. 200 ; Od.xx. 150; Virg. ^le«. i. 639. 
 p— 700 ; Ovid, Md. xiii. C38 ; €ic. ru^c. v. 21 ), 
 lore especially at the nuptials of persons of dis- 
 Enction. Catullus (Atyuii. 47 — 220) represents 
 ine to have been so employed, which exhibited the 
 . story of Theseus and Aria^e. They Vi'ere 
 I' ll used to sleep upon (Hom. It. x. 156 ; Anac. 
 aii. 1, 2 ; Theocrit. xv. 125 ; Aristoph. Plut. 540 ; 
 *irg. Ae7i. ix. 325. 358), and for the clothing of 
 Jorses. [Aoi. vii. 277.) The tapestry used to de- 
 torate the bier and catafalque at the Apotheosis 
 i'f a Roman Emperor was interwoven with gold. 
 |Herodian, iv. 2. p. 82. ed. Bekker.) The orientals 
 ijipon occasions of state and ceremony spread car- 
 jiets both over their floors and upon the ground, 
 r Aeschyl. Ayam. 879 — 936 ; Athen. iv. 131. b. ; 
 iii. 514. c.) 
 
 i Besides the terms which have now been explain- 
 ed, the same articles of domestic furniture had de- 
 nominations arising from the mode of using them [ 
 iL'ither in the Triclinium (trieliniana Bahijlonicu, 
 Plin. H.N. viii. 48. s. 74) or in the Cubiculum 
 [aibiciilana polt/mita, Mart. xiv. 150), and especi- 
 ally from the constant practice of spreading them 
 liUt (ti'jctile. sirugiilum, Cic. Tusc. v. 21; stratum, 
 Nopos, Ages. viii. 2 ; vestis strayala, Livy, xxxiv. 
 7; Hor. Sat. ii. 3. 118 ; arpiaixvai, Plut. Lycurg. 
 p. 86. ed. Steph. ; Athen. iv. p. 1 42. a. ; arpufiaTa, 
 p. ii. 48. d.). The Greek term peristruniu, which 
 was transferred into the Latin (Diog. Laert. /. c. ; 
 Plaut. Stick, ii. 2. 54 ; Cic. F/iil. ii. 27), had a special 
 signihcation, meaning probably a coverlet made so 
 large as to hang round the sides of the bed or 
 couch. [J. Y.] 
 
 TA'*OI. [FuNUS, p. 436.] 
 TARENTI'NI LUDI. [Ludi Saeculares.] 
 TA'P'PO'2. [Ships, p. 879.] 
 TAURII LUDI. [Ludi Saeculares.] 
 TAHI'APXOI were military otticers at Athens, 
 who were next in rank to the Strategi. [2TPATH- 
 rO'2.] They were ten in number like the strategi, 
 one for each tribe, and were elected in the same 
 way, namely by x^'poTocto. (Dem. Philip, i. p. 47; 
 Pollux, viii. 87.) In war each commanded the 
 infantry of his own tribe (Dem. in Hoeot. p. 999 ; 
 Aesch. dc Puis. Leg. p. 333), and they were fre- 
 quently called to assist the Strategi with their ad- 
 vice at the war-council. (Thucyd. vii. 60.) In 
 peace they assisted the Strategi in levying and 
 
 enlisting soldiers, as stated under 2TPATHro'2, 
 and seem to have also assisted the latter in the 
 discharge of many of their other duties. 
 
 The Taxiarchs were so called from their com- 
 manding Ta^eis, which were the principal divisions 
 of the hoplites in the Athenian amiy. Each tribe 
 (<|)uAr)) fonned a tix|is, whence we find <pv\i^ used 
 as sj'nonjmious with to|is. (Lys. in Agorat. p. 
 498. 501.) As there were ten tribes, there were 
 consequently in a complete Athenian army ten 
 Ta^€ir, but the number of men contiiined in each 
 would of course vary according to the importance 
 of the war. Among the other Greeks the Ta|is 
 was the name of a much smaller division of troops. 
 The k6xos among the Athenians was a subdivision 
 of the Ta|iF, and the Xoxo-yoi were probably ap- 
 pointed by the taxiarchs. (Schomann, Ant. Jur. 
 paU. Grace, p. 253, &c.) 
 TA'HI2. [TAHI'APXOI.] 
 TE'GULA (Kf'pa^uoj, rfiVn. Kfpafils, Y.en.Hellen. 
 vi. 5. § 9), a roofing-tile. Roofing-tiles were origi- 
 nally made, like bricks, of baked clay (yijs owttjs). 
 Byzes of Naxos first introduced tiles of marble 
 about the year 620 B. c. (Pans. v. 10. § 2.) Be- 
 sides the superior beauty and durability of the 
 material, these tiles could be made of a much 
 larger size than those of clay. Consequently when 
 they were employed in the construction of the 
 greatest temples, such as that of Jupiter at Olym- 
 pia (Paus. /. c), the Parthenon at Athens, and the 
 Serapeium at Puteoli, their dimensions were in 
 exact proportion to the other parts of the building ; 
 and the effect of the parallel rows of joint-tiles 
 descending from the ridge to the eaves, and termi- 
 nated by ornamental frontons, with which the lions- 
 heads {capita Iconitia, Vitruv. iii. 5. § 15 ; xo^'P^'i 
 Horapoll. Hier. i. 21) over the cornice alternated, 
 was exceedingly grand and beautiful. How highly 
 this invention was prized by the ancients is proved 
 by the attempt of the Roman censor Q. Fulvius 
 Flaccus to despoil the temple of the Lacinian Juno 
 1 of some of its marble tiles {tegtdae marniorcae), in 
 order to adorn another temple which he had vowed 
 to erect in Rome. (Livy, xlii. 4 ; Val. Max. i. 1. 
 § 20.) A still more expensive and magnificent 
 method of roofing consisted in the use of tiles made 
 of bronze and gilt. (Plin. //. A', x.xxiii. 3. s. 18.) 
 
 Tiles were originally made perfectly flat, or with 
 nothing more than the hook or nozle underneath 
 the upper border, which fulfilled the purpose of 
 fixing them upon the rafters. They were after- 
 wards formed with a raised border on each side, as 
 is shown in the annexed woodcut representing the 
 section of four of the tiles remaining at Pompeii. 
 
 In order that the lower edge of any tile might 
 overlap the upper edge of that which came next 
 
940 TEGULA. 
 
 below it, its two sides were made to converge 
 downwards. See the next woodcut representing 
 a tiled roof, from a part of which the joint-tiles are 
 removed in order to show the overlapping and the 
 convergence of the sides. It was evidently neces- 
 sary to cover the lines of junction between the 
 rows of flat tiles, and this was done by the use of 
 semicylindrical tiles called imbrices. The above 
 woodcut shows the section of three imbrices found 
 at Pompeii, and indicates their position relatively 
 to the flat tiles. This is also shown in the next 
 woodcut. The roof also, by the exact adapt 
 
 ation of the broad teguhie and the narrow iml/rices 
 throughout its whole extent, became like one 
 solid and compact frame-work. (Xen. Mem. iii. 
 1. § 7.) The rows of joint-tiles divided the 
 roof into an equal number of channels, down 
 which the water descended into the gutter 
 {canalis) to be discharged through openings made 
 in the lions-heads, the position and appearance of 
 which are shown in the woodcuts. The rows of 
 flat tiles terminated in a variously ornamented 
 front, which rose immediately above the cornice, 
 and of which four specimens are shown in the 
 first woodcut. The first and fourth patterns are 
 draivn from tiles found at Pompeii, and the two 
 internal fi'om tiles preserved in the British Museum 
 and brought thither from Athens. The lions-heads 
 upon the third and fourth are perforated. [Anti- 
 FIXA ; CoLUMNA, p. Stl?.] The frontons, which 
 were ranged along the coniice at the termination 
 of the rows of joint-tiles, were either painted or 
 sculptured so as to represent leaves, aplustria 
 [Aplustre], or masks. The first woodcut 
 shows three examples of such frontons, which be- 
 long to the Elgin collection in the British Museimi. 
 They are drawn on a much larger scale than the 
 other objects in the same woodcut. The invention 
 of these graceful ornaments is ascribed to Dibutades 
 of Corinth. (Plin. H.N. xxxv. 1-2. s. 43.) 
 
 Other highly curious details upon the tiled roofs 
 of Greek temples may be seen in the Utiedited 
 AnUquiiies o/Atiica, Lon. IVAT. 
 
 The same arrangement of tiles which was placed 
 round a temple was also to be found within a house 
 which was formed with an opening in the centre. 
 Hence any person who descended from the roof in- 
 to the open court or impluvium of a house [House, 
 p. 405. 4.')fi] was said to pass "through the tiles" 
 {per tegulus, Ter. Euii. iii. 5. 40 ; compare GeUius, 
 X. 15 ; Sia tSv Kepdfiuv, St. Luke, v. 1!)). 
 
 Pliny mentions a kind of tiling under the name 
 pavonaceum (II. N. xxxvi. 22. s. 44), so called pro- 
 bably because the tiles were semicircular at their 
 lower edge, and overlapped one another like the 
 feathers in the train of a peacock. [J. Y.] 
 
 TELA. 
 
 TEIXOnOIO'2. Among the various person; 
 whom was entmsted the management of pul 
 works at Athens (kiriaraTai SrjiMxriuv tpya 
 were those whose business it was to build ; 
 keep in repair the public walls. It is needless 
 observe how important to the city of Athens w 
 her walls and fortifications, more especially 
 I long walls, which connected the upper city w 
 I the Piraeus, which gave it the advantages of 
 j island. These were maintained at considem 
 expense. The raxovoio'i appear to have be 
 elected by xf'/'OTOj'i'c!, one from each tribe, a 
 probably for a year. They were considered to hi 
 a magisterial office (dpxii), and in that capac; 
 had an ■nyefiov'ia StKaaT-qplou. Aeschines ca 
 them iTTiaTarat rov fieyimov tUv (pyav. Fun 
 were put at their disposal, for which they h 
 their treasurer (ra/itaj) dependent on the treasui 
 of the revenue. They were liable to render . 
 account ((vBwti) of their management of the 
 funds, and also of their general conduct, like oth 
 magistrates. The office of reixoiroio'j has been i 
 vested with peculiar interest in modem times, i 
 account of its having been held by Demosthent 
 and its having given occasion to the famous pros 
 cution of Ctesiphon,who proposed that Demosthen 
 should receive the honour of a crown before he h: 
 rendered his account according to law. As to tl 
 nature of the office, and the laws thereto relatin; 
 we may probably rely upon the account given b 
 Aeschines. (Aesch. c. Cksiph. 55 — 57. ed. Stepb 
 Bockh, Staahh. derAtlwn. i. 1 83. 2 1 8.) [ C. R. K. 
 
 TELA (l<xr6s), a loom. Although weaving w; 
 amongst the Greeks and Romans a distinct trac 
 carried on by a separate class of persons (vcpavTa 
 t&xiores and tejririccs, liuieoma), who more partici 
 larly supplied the inhabitants of the towns wit 
 the productions of their skill (Cato, de He Rus 
 135) [Pallium, p. 703], yet every considerabl 
 domestic establishment, especially in the countrj 
 contained a loom (Cato, de He Rust. 10. 14) togi 
 ther with the whole apparatus necessary for th 
 working of ■woo\(lattijTciiim,TaXa(Tia,Ta\a(novpyia 
 (Hesiod, Op. ct Dies. 779 ; Virg. Gcory. i. 28.' 
 294 ; Ovid, Fast. 701.) [Calathus.] Thes 
 occupations were all supposed to be carried on un 
 der the protection of Minerva, specially denomi 
 nated 'Epydi/ri, who was always regarded in thi 
 character as the friend and patroness of industrj- 
 sobriety, and female decorum. (Serv. in Virg. Ea 
 vi. 3.) 
 
 When the farm or the palace was sufficientl; 
 large to admit of it, a portion of it called the iV™ 
 {histones, Varro, de Rc Rust. i. 2) or ic.Hrinum wa 
 devoted to this purpose. (Cic. Ie;v. ii. iv. 26. 
 The work was there principally carried on by fe 
 male slaves ((juasillariae, a'i SpiBoi, Theocrit. xv. 80 
 Hom. Od. i. 356—360 ; vii. 235 ; xxi. 350) unde 
 the superintendence of the mistress of the house 
 who herself also together with her daughters tool 
 part in the labour, both by instructing beginner 
 and by finishing the more tasteful and omamenta 
 parts. (Vitruv. vi. 7. p. 164. ed. Schneider; Hym 
 machus, Epist. vi. 40.) But although weaving wa: 
 employed in providing the ordinary articles o 
 clothing among the Greeks and Romans from th( 
 earliest times, yet as an inventive and decorativi 
 art, subservient to luxury and refinement, it was 
 almost entirely oriental. Persia, Babylonia, Eg}'pt. 
 Phoenicia, Phrygia, and Lydia are all celebrated 
 for the wonderful skill and magnificence displayed 
 
TELA. 
 
 TELA. 
 
 941 
 
 ii he manufacture of scarfs, shawls, carpets and 
 f stry. [Babvlonicum, Chlamys, Pallium, 
 r 'i.uM, Tapes.] 
 Linniig the jieculiarities of Eg^^tian manners 
 
 1 iidotus(ii. 35 ; compare Athen. ii. p. 48. b) mcn- 
 ti s that weaving was in that country the employ- 
 n it of the male sex. This custom still continues 
 z mg some Arab and negro tribes. (Welsted, 
 
 2 rcis, i. p. 123; Prichard, Rescarcliea, ii. p. CO. 
 
 3 . edit.) Throughout Europe, on the other hand, 
 J^. ving was in the earliest ages the task of women 
 b:l'. I'he matron, assisted by her daughters, 
 « e clothing for the husband and the sons. (Co- 
 il . He Rust. xii. Praef. ; Plin. //. .V. viii. 48. 
 ^ 1 : Ilcrod. ix. 109.) This domestic custom 
 
 ' rasion in the works of the epic and tragic 
 I some very interesting denoumeiis and cx- 
 p -jiDus of affection between near relations. In- 
 d d the recognition, or 'Auayvoipiais, as Aristotle 
 c s it (</e Art. Poet. 6. § 18 ; 14. § 21), often 
 d'ends on this circumstance. Thus Creusa proves 
 h ^elf to be the mother of Ion (Eurip. Ion, 1416, 
 17) by describing the pattern of a shawl which 
 5 had made in her j'outh, and in which she had 
 i< |i]ii;d her infant son. Iphigenia recognises her 
 biher Orestes on one occasion (Eurip. Ij'h. in 
 'in-. 814 — 817), and Electra recognises him on 
 B ther (Aeschyl. Coeph. 225) by the figin'ed 
 e hing which he wore, and which they had long 
 b nv woven for him. 
 
 iesides the shawls which were frequently given 
 I'the temples by private persons, or obtained by 
 B imerce with foreign nations, companies or col- 
 !• of females were attached to the more opulent 
 t i[ilrs for the purpose of furnishing a regular sup- 
 I . Thus the sixteen women, who lived together 
 i a building destined to their use at OljTnpia, 
 X . new shawl every five years to be displayed 
 rihe games which were then celebrated in honour 
 t llera,and to be preserved in her temple. (Pans. 
 ilG. g 2—4; vi. 24. § 8.) [Heraea.] A simi- 
 l college at Sparta was devoted to the purpose of 
 vaving a tunic every year for the sitting statue of 
 I Aniyclean Apollo, which was thirty cubits 
 1 h. (Paus. iii. Ifi. § 2 ; 19. § 2.) At Athens 
 1 company of virgins called ipyaa'T'ivat or epydvai, 
 : 1 dpl)i)cp6poi, who were partly of Asiatic extrac- 
 I n, wove the shawl which was carried in the Pa- 
 iihenaic procession, and which represented the 
 Utle between the gods and the giants. (Eurip. 
 ,r. 461— 409 ; Virg. Ciris, 21—35.) ['A'P'PH- 
 O'PIA : Panathenaea, p. 706.] A similar 
 I'-'upation was assigned to young females of the 
 ','hest rank at Argos. (Eurip. Iph. in Taur. 213 
 ■215.) In the fourth centurj- the task of weav- 
 
 began to be transferred in Europe from women 
 the other sex, a change which St. Chrysostom 
 [plores as a sign of prevailing sloth and eflFemi- 
 !cy. (Orai. 34. vol. iii. p. 470. ed. Saville.) Ve- 
 'tius {de Re Mil. i. 7), who wrote about the same 
 lie, mentions lintcones, or the manufacturers of 
 en cloth, in the number of those who were ineli- 
 Sle as soldiers. 
 
 Everything woven consists of two essential parts, 
 e wai-p and the woof, called in Latin Stamen and 
 'Llegmen, Subtemen, or Trama (Vitrav. x. 1 ; 
 rid. Met. iv. 397 ; Plin. H. N. xi. 24. s. 28 ; 
 ;rs. Sat. vi. 73), in Greek (Tt^i^wv and KpoKi^. 
 'lato, Polit. p. 297. 301, 302. ed. Bekker ; 
 elian, H. A. ix. 17 ; Pint, de Is. et Osir. p. 
 '2.) Instead of KpoKrj Plato (Leg. v. p. 386. 
 
 ed. Bekker) sometimes uses ((pvcptl, and in the 
 passages referred to he mentions one of the 
 most important differences between the warp and 
 the woof : viz. that the threads of the former are 
 strong and firm in consecjuence of being more 
 twisted in spinning, whilst those of the latter are 
 comparatively soft and yielding. This is in fact 
 the difference which in the modern silk manufac- 
 ture distingTiishes organzine from tram, and in the 
 cotton manufacture iii-ist from weft. Another name 
 for the woof or tram was poSavri. (Horn. Batr. 181 ; 
 Eustath. in Horn. II. xxiii. 762 ; Od. v. 121.) 
 
 The warp was called stamen in Latin (from 
 stare) on account of its erect posture in the loom. 
 (Varro, L. L. v. 113. ed. MUUer.) The correspond- 
 ing Greek term (Ttt^hoiv and likewise (Vrdr have 
 evidently the same derivation. For the same rea- 
 son the very first operation in weaving was to set 
 up the loom, Iittov ar-qcraadai (Horn. Od. ii. 94; 
 Hesiod, Op. et Dies, 779) ; and the web or cloth, 
 before it was cut down or "descended" from the 
 loom (KareSa dip' 1<ttw, Theocrit. xv. 35), was 
 called " Testis pendens," or "■pendula tela" (Ovid, 
 Met. iv. 395; Epist. i. 10), because it hung from 
 the transverse beam or Juguim. These particulars 
 are all clearly exhibited in the picture of Circe's 
 loom, which is contained in the very ancient illu- 
 minated MS. of Virgil's Aeneid preserved at Rome 
 in the Vatican Library. (See the annexed wood- 
 cut, and compare Aen. vii. 14 : apud majores stantes 
 tiwehant, Servius in loe.; Horn. Od. x. 222.) Al- 
 though the upright loom here exhibited was in 
 
 common use, and employed for all ordinary pur- 
 poses, the practice, now generally adopted, of plac- 
 ing the warp in an horizontal position was occa- 
 sionally resorted to in ancient times ; for the up- 
 right loom (stans tela, iVtos opSios), the manage- 
 ment of which required the female to stand and 
 move about, is opposed to another kind at which 
 she sat. (Artemidor. iii. 36 ; Servius, I. e.) 
 
 We observe in the preceding woodcut about the 
 middle of the apparatus a transverse rod passing 
 through the warp. A straight cane was well 
 adapted to be so used, and its application is clearly 
 expressed by Ovid in the words " stamen secemit 
 arundo." (Met. vi. 55.) In plain weaving it was 
 inserted between the threads of the warp so as to 
 divide them into two portions, the threads on one 
 side of the rod alternating with tliose on the other 
 side throughout the whole breadth of the warp. 
 The two upright beams supporting the jugum, or 
 transverse beam, from which the warp depends, 
 were called Ke\e6vTes (Theocrit. xviii. 34), and 
 iVroTToSej, literally, " the legs of the loom." (Eus- 
 tath. in Hoiu. Od. xiii. 1 07.) 
 
 Whilst the improvements in machinery have to 
 a great extent superseded the use of the upright 
 loom in all other parts of Europe, it remains almost 
 in its primitive state in Iceland. The following 
 
942 
 
 TELA. 
 
 TELA. 
 
 woodcut is reduced from an engraving of the Ice- 
 landic loom in Olaf Olafscn's Econumic Tour in 
 that island, published in Danish at Copenhagen, 
 A. D. 17f!0. We observe underneath the jugura a 
 roller {avTiov, Pollux, vii. x. § 36 ; Eustath. in 
 Horn. Od. xiii. 107) which is turned by a handle, 
 and on which the web is wound as the work ad- 
 vances. The threads of the warp, besides being 
 separated by a transverse rod or plank, are divided 
 into thirty or forty parcels, to each of which a 
 stone is suspended for the purpose of keeping the 
 warp in a perpendicidar position and allowing the 
 necessary play to the strokes of the spatha, which 
 is drawn at the side of the loom. The mystical 
 ode written about the eleventh century of our era, 
 with which Gray has made us familiar in his trans- 
 lation, and which describes the loom of " the Fatal 
 Sisters," represents warriors' skulls as supplying 
 the place of these round stones (pondera. Sen. 
 Epist. 91 ; Plin. H. N. I. c). The knotted bundles 
 of threads, to which the stones were attached, often 
 remained after the web was finislied in the form of 
 a fringe. [Fimbriae.] 
 
 Whilst the comparatively coarse, strong, and 
 much-twisted thread designed for the warp was 
 thus arranged in parallel lines, the woof remained 
 upon the spindle [Fusus], forming a spool, bohhitt, 
 or pen (v-f)vr), dim. itriviov, Horn. II. xxiii. 762 ; 
 Eurip. Hec. 466). This was either conveyed 
 through the warp without any additional con- 
 trivance, as is still the case in Iceland, or it was 
 made to revolve in a shuttle {iravovKKos, Hesych. 
 .t. U-qviov: ritdius, Lucret. v. 1352). This was 
 made of box brought from the shores of the Euxine, 
 and was pointed at its extremities, that it might 
 easily force its way through the warp. (Virg. Aen. 
 ix. 476 ; Ovid, nUi. iv. 27.5 ; vi. 56. 132 ; Fast. 
 iii. 879.) The annexed woodcut shows the form 
 in which it is still used in some retired parts of our 
 island for common domestic purposes, and which 
 may be regarded as a fonn of great antiquity. 
 An oblong cavity is seen in its upper sur- 
 face, which holds the bobbin. A small stick, 
 like a wire, extends through the length of this 
 cavity, and enters its two cxtrgmities so as 
 
 to turn freely. The small stick passes throug 
 hoUow cane, which our manufacturers call a qt 
 
 and which is siu-rounded by the woof. This 
 dra-ivn through a round hole in the front of 
 shuttle, and, whenever the shuttle is thrown, 
 bobbin revolves and delivers the woof through t 
 hole. The process of winding the yarn so as 
 make it into a bobbin or pen was called irr/f/fcff 
 (Theocrit. xviii. 32) or dvairrivi^^aQai. (ArisI 
 H. A. V. 19.) The reverse process, by whicl 
 was delivered through the hole in front of 
 shuttle (see the last woodcut) was called t/cTrr 
 feo-^ai. Hence the phrase c/fTrrivieiTai Tavra me: 
 " he shall disgorge these things." (Aristoph. R, 
 586 ; Schol. in loc.) 
 
 All that is effected by the shuttle is the ci 
 veyance of the woof across the warp. To ki 
 every thread of the woof in its proper place it 
 necessary that the threads of the warp should 
 decussated. This was done by the leashes, cat 
 in Latin licia, in Greek imWoi {ij-Itos, Horn, 
 xxiii. 762). By a leash we are to understand 
 thread having at one end a loop, through whid 
 thread of the warp was passed, the other end hei 
 fastened to a straight rod called Limitorium, and 
 Greek KOLvwv. (Aristoph. Tlicsm. 829.) The wa 
 having been divided by the arundo, as alrea 
 mentioned, into two sets of threads, all those of 1 
 same set were passed through the loops of the c 
 responding set of leashes, and all these leasl 
 were fastened at their other end to the same wood 
 rod. At least one set of leashes was necessary 
 decussate the warp even in the plainest and si 
 plest weaving. The number of sets was increas 
 according to the complexity of the pattern, whi 
 was called biliv or trilir (Mart. xiv. 143), hliiiri 
 rptjitTos (Crat. Jun. Frmj. p. 103. ed. Runkel), 
 TToKiiiLTOs {Per. Mar. Eryth. pp. 164. 170. li 
 ed. Blancardi), according as the number was tw 
 three, or more. 
 
 The process of annexing the leashes to the wa 
 was called ordiri telam (Plin. H. N. xi. 24. s. 21 
 also licia telae addere., or adnedere. (Virg. Georg 
 285 ; Tibull. i. 6. 78.) It occupied two women 
 the same time, one of whom took in regular succt 
 sion each separate thread of the warp and hand 
 it over to the other ; this part of the process w 
 called irapacpepetv, irapaSiSovat, or npocfiopeiaB' 
 (Schol. i7t A riiioph. Av.4:; Suidas, Hesychius, s. i 
 The other woman, as she received each threii 
 passed it through the loop in proper order, and tl 
 act, which we call " entering," was called in Grc 
 5iaf€(r0ai. (Schol. in Horn. Od. vii. 107.) 
 
 Supposing the warp to have been thus adjuste 
 and the pen or the shuttle to have been carri' 
 through it, it was then decussated by drawing fc 
 wards the proper rod so as to carry one sot of t 
 threads of the waip across the rest, after which tl 
 woof was shot back again, and by the continual i 
 petition of this process the warp and woof we 
 interlaced. (Plutarch, vii. sap. conv. p. 592. e 
 Reiske ; Ilom. //. xxiii. 760 — 763.) In the pi 
 ceding figure of the Icelandic loom we observe tv 
 staves, which are occasionally used to fix the roi 
 
TELA. 
 
 TELA. 
 
 943 
 
 jich a position as is most convenient to assist 
 ( /eaver in drawing lier woof across her warp, 
 t • the woof had been conveyed by the shuttle 
 jigh the warp, it was driven sometimes down- 
 i s, as is represented in the first woodcut, but 
 (; commonly upwards as in the second. (Isid. 
 r! xix. 22 ; Herod, ii. 3.5.) Two different in- 
 iients were used in this part of the process, 
 h simplest and probably the most ancient was in 
 i. onn of a large wooden sword {sjiat/ia, crirdOri, 
 ' a-n-aOiov, Bninck, Anal. i. 222 ; Plato, Li/sis. 
 
 i! ; Aesch. Cueph. 226). From the verb 
 niaw, to beat with the spatha, cloth rendered 
 I ;nid compact by this process was called (Tira- 
 r) V- (Athen. .xii. p. ,525. d.) This instrument 
 
 ill ll^ed in Iceland exactly as it was in ancient 
 1 and a figure of it copied from Olafsen, is 
 i I ill the second woodcut. 
 
 Iir spatha was, however, in a great degree 
 1 iM iled by the comb (peden, (cepfci's), the teeth 
 t lii. li were inserted between the threads of the 
 • 1 and thus made by a forcible impulse to drive 
 
 I i.liivads of the woof close together. (Ovid, Fast. 
 i :;."it ; Met vi. 58 ; Juv. ix. 26 ; Virg. Acn. 
 
 i 14 ; Horn. //. xxii. 448 ; Aristoph. Aves, 832; 
 : p. /.,«, 509. 760. 1418. 1492.) It is probable 
 
 ii tlir teeth were sometimes made of metal (Horn. 
 ) V. (;2); and they were accommodated to the 
 
 II iiiM' intended by being curved {ptdiiiis unci, 
 ' nliaii, in Eittrop. ii. 382), as is still the case in 
 1 (luibs which are used in the same manner by the 
 1 - ill, IS. Among us the office of the comb is exe- 
 1 d w ith greater ease and effect by the reed, lay, 
 
 <l:ltfr». 
 
 'he lyre [Lvra], the favourite musical instru- 
 1 it iif the Greeks, was only known to the Ro- 
 ■ a foreign invention. Hence they appear 
 • described its parts by a comparison with 
 1 l iuin, with which they were familiar. The 
 I lls jiKjum and stamina were transferred by an 
 
 0 ious resemblance from tlie latter to the former 
 0|-'ct ; and, although they adopted into their own 
 l;,niage the Greek word pledrum (Ovid, Met. xi. 
 r — 170), they used the Latin Pecten to denote 
 t same thing, not because the instrument used 
 
 1 striking the lyre was at all like a comb in shape 
 al appearance, but because it was held in the 
 r It hand and inserted between the stamina of the 
 I'e as tlie comb was between the stamina of the 
 Im. (Virg. Aen. vi. 647 ; Juv. vi. 290—293 ; 
 )rs. vi. 2.) 
 
 After enumerating those parts of the loom which 
 're necessary to produce even the plainest piece 
 I cloth, it remains to describe the methods of pro- i 
 ' cing its varieties, and more especially of adding 
 its value by making it either warmer and softer, 
 more rich and ornamental. If the object was to 
 iiluce a checked pattern {scutulis dividere, Plin. 
 . A', viii. 48. s. 74 ; Juv. ii. 97), or to weave 
 lat we should call a Scotch plaid, the threads of 
 ■ warp were arranged alternatel}' black and 
 liti', or of different colours in a certain series 
 curding to the pattern which was to be e.xhibit- 
 . On the other hand, a striped pattern (paeSw- 
 ?, Diod. Sic. V. 30 ; virgata s<u)ula, Virg. Aen. 
 ii. 660) was produced by using a warp of one 
 lour only, but changing at regular intervals the 
 lour of the woof. Of this kind of cloth the Ro- 
 an truhea (Virg. Aen. vii. 188) was an example, 
 lecked and striped goods were, no doubt, in the 
 St instance, produced by combining the natural 
 
 varieties of wool, white, black, brown, &c. [Pal- 
 lium, p. 7U0.] The woof also was the medium, 
 through whicli almost every other diversity of ap- 
 pearance and quality was effected. The warp as 
 mentioned above was generally more twisted, and 
 consequently stronger and finner than the woof: 
 and with a view to the same object different kinds 
 of wool were spun for the warp and for the woof. 
 The consequence was, that after the piece was 
 woven, the fuller drew out its nap by carding, so 
 as to make it like a soft blanket (Plato, Polit. 
 p. 302) [FuLLO, p. 433] ; and, when the inten- 
 tion was to guard against the cold, the warp was 
 diminished and tlie woof or nap (Kpof, KpoKvs) 
 made more abundant in proportion. (Hesiod, Op. 
 et Dies, 537 ; Proclus ad loe.) In this manner 
 they made the soft x^ai"'* or Labna [Pallium, 
 p. 702]. On the other hand a woof of finely 
 twisted thread {rirpiov) produced a thin kind of 
 cloth, which resembled our buntine {lacernae nimia 
 suhteminitm tenuUatc perf!abiles, Amm. Marcel!, xiv. 
 6). Where any kind of cloth was enriched by the 
 admixture of different materials, the richer and 
 more beautiful substance always formed part of the 
 woof. Thus the vesiis suhserica, or tranioserica, 
 had the tram of silk. [Sericum.] In other cases 
 it was of gold (Virg. Ae?>. iii. 483 ; Servius in he.) ; 
 of wool dyed with Tyrian purple (Ovid, Met. vi. 
 578; Tyrio suUeiimine, Tibull. iv. 1. 122; picto 
 subtegmine, Val. Flacc. vi. 228) ; or of beavers'-wool 
 (vestis fhrina, Isid. Oriy. xix. 22). Hence the 
 epithets (poiviKOKpoKos, " having a purple woof," 
 (Pind. 01. vi. 39. ed. Bockh ; Schol. in loe.), 
 dv6oKp6Kos, " producing a flowery woof" (Eurip. 
 Hec. 466), xP'"''^'>'''V''V'''o^, " made from bobbins 
 or pens of gold thread" (Eurip. Crest. 829), 
 €vir-nvos, "made with good bobbins" (Eurip. Jph. 
 in Taiir. 814, 1465), /cepKi'Si noiKiWovffa, "va- 
 riegating with the comb" (Eurip. Iph. in Taur. 
 215), &c. 
 
 But besides the variety of materials constituting 
 the woof, an endless diversity was effected by the 
 manner of inserting them into the warp. The 
 terms bilir and Si^xiros, the origin of which has 
 been explained, probably denoted what we call 
 diniity, or ticeeled cloth, and the Germans zieillich. 
 The poets apply trilir, which in Gennan has be- 
 come drillir/i, to a kind of armour, perhaps chain- 
 mail, no doubt resembling the pattern of cloth, 
 which was denoted by the same term. (Virg. 
 Aen. iii. 467 ; v. 259 ; vii. 639 ; xii. 375 ; Val. 
 Flaccus, iii. 199.) In the preceding figure of the 
 Icelandic loom the three rods with their leashes 
 indicate the arrangement necessary for this texture. 
 All kinds of damask were produced by a very com- 
 plicated apparatus of the same kind (plurimis 
 liciis), and were therefore called Polymila. (Plin. 
 H. N. viii. 48. s. 74 ; Mart. xiv. 150.) 
 
 The sprigs or other ornaments produced in the 
 texture at regular intervals were called flowers 
 (avdr), Philostr. Imag. ii. 28 ; ^pova, Horn. II. xxii. 
 440) or feathers (plumae). Another term, adopted 
 with reference to the same machinery, was e^ijui- 
 Tov or e^a^iToc, denoting velvet. In the middle 
 ages it became fo^tiror, and thus produced the 
 German swnniet. 
 
 The Fates are sometimes mentioned by classical 
 writers in a manner very similar to the description 
 of "the Fatal Sisters" above referred to. (Dira 
 sororum licia, Stat. Achill. i. 520 ; fatorum inex- 
 tricabiliter contarta licia, Apul. Met. xi.) 
 
944 
 
 TE'AOS. 
 
 TE'AOS. 
 
 As far as we can form a judgment from the lan- 
 guage and descriptions of ancient authors, the pro- 
 ductions of the loom appear to have fallen in an- 
 cient times very little, if at all, below the beauty 
 and variety of the damasks, shawls, and tapestry 
 of the present age, and to have vied with the 
 works of the most celebrated painters, representing 
 first mythological, and afterwards scriptural sub- 
 jects. In addition to the notices of particular 
 works of this class, contained in the passages and 
 articles which have been already referred to, the 
 following authors may be consulted for accounts of 
 some of the finest specimens of weaving : Eurip. 
 /oB, 190-202, 1141-11(),5; Anstot. Mir. Ausculi. 
 99 ; Athen. xii. p. 541 ; Asteri. Homilia de Die. 
 et Laz. ; Theod. Prodrora. Bhod. ct Dos. A inor. ad 
 fin.; YiTg.Ac7i. V. 250-257; Cir. 21-35; Ovid, 
 Met vi. (;i-128; Stat. T/icb. vi. 64, 540-547; 
 Auson. Ej)i<j. 26 ; Lamprid. Heliog. 28 ; Claudian, 
 de VI. Com. Honor. 561-577 ; i?i Stilich. ii. 330- 
 365. [J. Y.] 
 
 TELAMO'NES. [Atlantes.] 
 TEAETAI'. [Hysteria.] 
 TEAn'NHS. Most of the taxes at Athens were 
 farmed by private persons, who took upon them- 
 selves the task of collecting, and made periodical 
 payments in respect thereof to the state. They 
 were called by the general name of TcAeicai, while 
 the farmers of any particular tax were called ei- 
 Koa'Tumi, Tr€UT7)KO(rTo\6yot, &c., as the case might 
 be. The duties were let by auction to the highest 
 bidder. Companies often took them in the name 
 of one person, who was called apx'ivi]s or Te\u>v- 
 dpxv^i and was their representative to the state. 
 Sureties were required of the farmer for the pay- 
 ment of his dues. The office was frequently imder- 
 taken by resident aliens, citizens not liking it, on 
 account of the vexatious proceedings to which it 
 often led. The farmer was armed with consider- 
 able powers : he carried with him his books, 
 searched for contraband or imcustomed goods, 
 watched the harbour, markets and other places, to 
 prevent smuggling, or unlawful and clandestine 
 sales ; brought a (pdcns or other legal process 
 against those whom he suspected of defrauding the 
 revenue ; or even seized their persons on some oc- 
 casions, and took them before the magistrate. To 
 enable him to perform these duties, he was ex- 
 empted from military service. Collectors {eK\oye7s) 
 were sometimes employed by the farmers ; but fre- 
 quently the farmer and the collector were the same 
 person. (Bdckh, Staatsh. der At/i£ii. i. 359.) 
 
 The taxes were let by the Commissioners, acting 
 under the authority of the Senate. [nnAH'TAI.] 
 The payments (^KaraSoKal tcAouj) were made by 
 the farmer on stated Pi-ytaneias in the Senate- 
 house. There was usually one payment made in 
 advance, -npoKaTaSoX-fi, and one or more afterwards, 
 called irpo(TKaT6.SM]jjia. Upon any default of pay- 
 ment, the farmer became otijuos, if a citizen, and 
 he was liable to be imprisoned at the discretion of 
 the court, upon an information laid against him. 
 If the debt was not paid by the expiration of the 
 ninth Prytaneia, it was doubled ; and if not then 
 paid, his property became forfeited to the state, 
 and proceedings , to confiscation might be taken 
 forthwith. Upon! this subject the reader should 
 consult the speech of Demosthenes against Timo- 
 crates. (See Bockh, id. 362, &c. ; Schijmann, Ant. 
 jur. pM. Gr. 317.) [C. R. K.] 
 
 TE'AOS. The taxes imposed by the Athenians 
 
 and collected at home were either ordinary o 
 traordinary. The former constituted a regul; 
 permanent source of income; the latter were 
 raised in time of war or other emergency, 
 ordinary taxes were laid mostly upon prof 
 and upon citizens indirectly in the shape of ti 
 customs ; though the resident aliens paid a 
 tax, called fieTo'iKioi', for the liberty of residii 
 Athens under protection of the state. [M 
 OIKOI.] As to the customs and harbour ( 
 see nENTHK02TH'. An excise was paid o 
 sales in the market, called ivoivia, though 
 know not what the amount was. (Harpoc. 
 'Eiroii'ia.] And a' dutj' was imposed on alien 
 permission to sell their goods there. (Bii 
 Staatsh. der Athen. 336. 347.) Slave-owners 
 a duty of three ' obols for every slave they ki 
 and slaves who had been emancipated paid 
 same. (Bockh, /(/. 354-356.) This was a 
 productive tax before the fortification of Deci 
 by the Lacedaemonians. (Xenoph. de Vectig 
 25.) There was also a iropviKov reKos, and s 
 others of minor importance, as to which the re: 
 is referred to Bockh (/(/. 357). The justice 
 (npvraveTa, Uapdcrraais, &c.) were a lucrative 
 in time of peace. (Thucyd. vi. 91 ; Biickh, 
 369, &c.) 
 
 The extraordinary taxes were the property 
 and the compulsory services called Aeiroup- 
 Some of these last were regular, and recurred 
 nually ; the most important, the Tpatpapxia, 
 a war-service, and performed as occasion requi 
 As these services were all performed, whollj 
 partly, at the expense of the individual, they i 
 be regarded as a species of tax. ['EI2"i>01 
 AEITOTPn'A, TPIHPAPXI'A.] 
 
 The tribute (cpdpoi) paid by the allied state 
 the Athenians formed, in the floiu:ishing jserioi 
 the republic, a regular- and most important soi 
 of revenue. (Bdckh, Id. 427.) In Olymp. 91 
 the Athenians substituted for the tribute a dut 
 five per cent, (cikoo-tt)) on all commodities 
 ported or imported by the subject states, think 
 to raise by this means a larger income than 
 direct taxation. (Thucyd. vii. 28 ; Biickh, Id. 3' 
 This was terminated by the issue of the Pelo]: 
 nesian war, though the tribute was afterwards 
 vived on more equitable principles, under the n« 
 of crvvTo^is. (Biickh. Id. 451.) 
 
 A duty of ten per cent. (Se/caTTj) on merch 
 dize passing into and from the Euxine Sea ' 
 established for a time by Alcibiades and ot 
 Athenian generals, who fortified Chrysopolis, D 
 Chalcedon, and built a station for the collectio) 
 the duty called SeKaTevr-^piov. This occurred 
 01. 92. It was lost after the battle of Ae 
 Potamos, afterwards revived by Thrasybu 
 and probably ceased at the peace of Antalcic 
 (Xenoph. Hell. i. 1. § 22 ; iv. 8. § 27.) T 
 may be regarded as an isolated case. In gene 
 where Se/coTai are mentioned among the Greo 
 they denote the tithes of land ; such as the Pers 
 Satraps collected from conquered countries, or si 
 as tyrants exacted of their subjects for the use 
 land held under them as lord of the whole count 
 For instance, Pisistratus took a tithe of this ki 
 which was reduced by his sons to a twentie 
 The state of Athens held the tithe of some lam 
 other tithes were assigned to the temples or serv 
 of the Gods, having been dedicated by pious in 
 viduals, or by reason of some conquest or vc 
 
TEMPLUM. 
 
 TEMPLUM. 
 
 945 
 
 - Ii .13 that recorded by Herodotus (vii. 132; 
 J -kh. I(L 350-352). 
 
 Other sources of revenue were derived by the 
 iriiians iVora their mines and public lands, fines, 
 "iifiscations. The public demesne lands, 
 ■r pasture or arable, houses or other build- 
 i ere usually let by auction to private persons. 
 i:iditions of the lease were engraven on stone. 
 ' lent was payable by PryUmeias. If not paid 
 Elithe stipulated time, the lessee, if a citizen, be- 
 i 10 oTi|Uos, and subject to the same consequences 
 my other state debtor. (Bockh, Id. 329.) As 
 I iiirs and conliscations, see Ti/xr^fia. (Biickh, Id. 
 
 (23.) ^ 
 
 I nrse various sources of revenue produced, ac- 
 c (ling to Aristophanes, an annual income of two 
 t usand talents in the most fliiurishing period of 
 J lien ian empire. { Vfb'p. C>60.) See the calcula- 
 t 1^ nf Bockh, Id. 466. 
 
 reAeif signifies " to settle, complete, or perfect," 
 : I licnce " to settle an account," and generally 
 • I piiy." Thus TeKos coiues to mean any pay- 
 ) lit in the nature of a tax or duty. The words 
 ^ ciiimected with zahlcii in German, and the old 
 ^ I if fulji in English, and the modern word toll. 
 (in"l(l, ad T/tuc. i. 58.) Though Te\oj may 
 - lity any pajment in the nature of a tax or 
 ( \, it is more commonly used of the ordinary 
 t i as customs, &c. Te'A.or, reKeiv is used with 
 1 eivnce to the property-tax, in the sense of /teinr; 
 inl iu a certain proportifm, or, which is the same 
 lljng, hckmfiiiig to a particular class of rata pai/ers. 
 lus iViroSa or IviriKov reXetv, or ei'j lirirdSa 
 neiv, means, to belong to the class of knights. 
 Ad the same expression is used metaphorically, 
 tliout any immediate reference to the payment 
 a tax. Thus els dvSpas rf\c7v, is to be classed 
 Mong adults. So is Botwrovs reXeeiv, Herod, vi. 
 !!. (See Biickh, /(/. ii. 30.) 'ItroreAeia signifies 
 ■ right of being taxed on the same footing, and 
 viiig other privileges, the same as the citizens ; 
 
 right sometimes granted to resident aliens, 
 iIETOIKOI.] 'AreAeia signifies an exemption 
 im taxes, or other duties and services ; an honour 
 Irj' rarely granted by the Athenians. As to this 
 'e reader is referred to the speech of Demosthenes 
 ainst Leptines, with the commentaries of Wolf. 
 ^ to the farming of the taxes, see TEAn'NHS. 
 )r an epitome of the whole subject, see Schomann, 
 iit.jnr.pM. Or. 314, &c. [C. R. K.] 
 
 TE'MENOS. [Ager Sanctus ; Templum.] 
 TEMO. [CURRUS, p. 308.] 
 TEMPLUM is the same word as the Greek 
 iiivos, from Tifuvui to cut oiF, for templum, ac- 
 rding to Servius(ftrf Acn. i. 446), was any place 
 liich was circumscribed and separated by the au- 
 irs from the rest of the land by a certain solemn 
 nnuk. The technical terms for this act of the 
 gurs are liherare and ejfari, and hence a templum 
 ielf is a loom liberatus et tjf'atus. A place thus 
 t apart and hallowed by the augurs was always 
 tended to serve religious purposes, but chiefly for 
 king the auguria. (" Templum locus augurii aut 
 spicii causa quibusdani conceptis verbis finitus," 
 irro, de Ling. Lat. ri. p. 81. Bip.) When Varro 
 'e Ling. Lat. v. p. 65. Bip.) says that a locus ef- 
 ;us was always outside the city, we must remember 
 at this only means outside the pomoerium, 
 r the whole space included within the pomoe- 
 nn was itself a templum, i. e. a place in which 
 spices could be taken [Pomoerium] ; but when 
 
 tliey were to be taken in any place outside the 
 pomoerium, it was always necessary for such a place 
 to be first circumscribed and sanctified by the 
 augur {tilicrare et effari). The place in the heavens 
 within which the observations were to be made 
 was likewise called templum, as it was marked out 
 and separated from the rest by the staff of the 
 augur. When the augur had defined the templum 
 within which he intended to make his observ- 
 ations, he fixed his tent in it {tahernaculum capere) 
 and this tent was likewise called teniplwii, or more 
 accurately, temphim minus. To this minus tern-' 
 plum we must refer what Servius {ad Acn. iv. 200) 
 and Festus (s. i\ minora temj)/a) state, that a tem- 
 plum was enclosed with planks, curtains, ice, at- 
 tached to posts fixed in the ground, and that it 
 had only one door {ci-itus). The place chosen for 
 a templum was generally an eminence, and in the 
 city it was the arx where the fixing of a tent does 
 not appear to have been necessary, because here a 
 place called auguraculum was once for all conse- 
 crated for this purpose. (Paul Diac. s. v. Augura- 
 culum; comp. Liv. i. 18 ; iv. 18 ; Cic. de Off. iii. 
 16.) 
 
 Besides this meaning of the word templum in 
 the language of the augurs, it also had that of a 
 temple in the common acceptation. In this case 
 too, however, the sacred precinct within which a 
 temple was built, was alwaj'S a locus liberatus 
 et effatus by the augurs, that is, a templum or a 
 famim (Liv. x. 37; Varro, dc Ling. Lat. v. p. 65. 
 Bip.) ; the consecration was completed by the 
 pontiffs, and not until inauguration and consecra- 
 tion had taken place, could sacra be performed or 
 meetings of the senate be held in it. (Serv. ad Acn. 
 i. 446.) It was necessary then for a temple to be 
 sanctioned by the gods, whose will was ascertained 
 by the augurs, and to be consecrated or dedicated by 
 the will of man (pontiffs). Where the sanction of 
 the gods had not been obtained, and where the 
 mere act of m;in had consecrated a place to the 
 gods, such a place was only a scucrum, sacrarium, 
 or sacellum. [Sacrarium; Sacellum.] Varro 
 (ap. GcU. xiv. 7. § 7) justly considers the ceremony 
 performed by the augurs as essential to a temple, 
 as the consecration by the pontiii's took place also 
 in other sanctuaries which were not templa, but 
 mere sacra or aedes sacrae. Thus the sanctuary 
 of Vesta was not a templum, but an aedes sacra, 
 and the various curiae (Hostilia, Pompeia, Julia,) 
 required to be made templa by the augurs before 
 senatusconsidta could be made in them. In what 
 manner a templum differed from a dcluhrum, is more 
 diflicult to decide,and neitherthe ancient normodern 
 writers agree in their definitions. Some ancients 
 believed that delubrum was originally the name 
 given to a place before or at the entrance of a 
 temple, which contained a font or a vessel with 
 water, by which persons before entering the 
 temple performed a symbolic purification (Serv. ad 
 Aen. iv. 56 ; ii. 225 ; Com. Fronto quoted by 
 Dacier on Fest. s. v. Deluftrum) ; others state that 
 delubrum was originally the name for a wooden 
 representation of a god (£,6avov), which derived its 
 name from librum (the bark of a tree), which was 
 taken off (delibrare) before the tree was worked 
 into an image of the god, and that hence delubrum 
 was applied to the place where this image was 
 erected. (Fest. s-v. Delubrum; Massnr. Sab. ap. 
 Serv. ad Aen. ii. 225.) Hartuug (Die liel. d. Horn. 
 i. p. 143, &c.) derives the word delubrum from liber 
 
94fi 
 
 TEMPLUM. 
 
 TEMPLUM. 
 
 (anciently /«ter),and thinks that it originally meant 
 a locus lilieratus, or a place separated by the augur 
 from the profane land, in which an image of a 
 god might be erected, and sacred rites be perform- 
 ed. A delubrum would therefore be a sanctuary, 
 whose chief characteristic was its being separated 
 from the profane land. But nothing certain can be 
 said on the subject. (Comp. Macrob. Sal. iii. 4.) 
 
 After these preliminary remarks we shall pro- 
 ceed to give a brief account of the ancient temples, 
 their property, and their ministers, both in Greece 
 and Rome. We must however refer our readers 
 for a detailed description of the architectural struc- 
 ture of ancient temples to other works, such as 
 Stieglitz, Arch'dol ogie der liauhmst, and others, 
 especially as the structure of the temples varied 
 according to the divinities to whom they were 
 dedicated, and other circumstances. 
 
 Temples in Greece. Temples appear to have 
 existed in Greece from the earliest times. They 
 were separated from the profane land around them, 
 (T($Tros fieSv^os, or rci fie^Ti\a), because every one 
 was allowed to walk in the latter. (Schol. ad Soph. 
 Oed. Col. 1 0.) This separation was in early times 
 indicated by very simple means, such as a string or 
 a rope. (Pans. viii. 10. § 2.) Subsequently, how- 
 ever, they were surrounded by more efficient fences, 
 or even by a wall (ep/cos, -irep'tSoKos, Herod, 
 vi. 134 ; Pollux, i. 10 ; Paus. pass-im). The 
 whole space enclosed in such a irepiSoXos was 
 called rifievos, or sometimes Upov (Herod, ix. .36 ; 
 vi. 1!), with Valckenaer's note ; Thucyd. v. 18) ; 
 and contained, besides the temple itself, other 
 sacred buildings, and sacred ground planted with 
 groves, &c. Within the precincts of the sacred 
 enclosure no dead were generally allowed to be 
 buried, though there were some exceptions to this 
 rule, and we have instances of persons being buried 
 in or at least near certain temples. The religious 
 laws of the island of Delos did not allow any 
 coi'pses to be buried within the whole extent of 
 the island (Thucyd. iii. 104; comp. Herod, i. 64), 
 and when this law had been violated, a part of the 
 island was first purified by Pisistratus, and subse- 
 quently the whole island by the Athenian people. 
 
 The temple itself was called veds, and at its en- 
 trance fonts (irepippavTi^pia) yvore generally placed, 
 that those who entered the sanctuary to pray or to 
 oifer sacrifices might first purify themselves. (Pol- 
 lux, i. 10; Herod, i. .51.) In the earliest times 
 the Greek temples were either partly or whoUy 
 made of wood (Paus. v. 20. § 3 ; 16. § 1 ; viii. 10. 
 § 2), and the simplest of all appear to have been 
 the a-rjKo'i, which were probably nothing but hollow 
 trees in which the image of a god or a hero was 
 placed as in a niche (Hesiod. Frae/m. 54. ed. Giitt- 
 ling ; Schol. ad Soph. Trach. 1169), for a temple 
 was originally not intended as a receptacle for wor- 
 shippers, but simply as an habitaticm for the deity. 
 The act of consecration, by which a temple was 
 dedicated to a god, was called 'lhpv(ns. The charac- 
 ter of the early Greek temples was dark and mys- 
 terious, for they had no windows, and they 
 received light only through the door, which was 
 very large, or from lamps Inirning in them. Vitru- 
 vius (iv. 5) states that the entrance of Greek 
 temples was always towards the west, but most of 
 the temples still extant in Attica, Ionia, and Sicily 
 have their entrance towards the cast. Architecture 
 in tlie construction of magnificent temples, however, 
 made great progress even at an earlier time than 
 
 eitlier painting or statuary, and long before 
 Persian wars we hear of temples of extraordi 
 grandeur and beauty. All temples were 
 either in an oblong or round form, and were m 
 adorned with columns. Those of an oblong 
 had columns either in the front alone (prosti, 
 in the fore and back fronts (amphiprostiflus), ( 
 all the four sides {pcripterus., Vitruv. iii. 1). 
 spccting the original use of these porticoes 
 PoRTicus. The friezes and metopes were ado 
 with various sculptures, and no expense 
 spared in embellishing the abodes of the gods, 
 light which was fonnerly let in at the door, 
 now frequently let in from above through an o 
 ing in the middle which was called uVail 
 (Vitruv. /. c.) Many of the great temples con 
 ed of three parts : 1 . the irpovaos or irpoSojUos, 
 vestibule ; 2. the cella {va6s, ariK6s) ; and 3. 
 diri(r66toiJ.os. The cella was the most inipoi 
 part, as it was, properly speaking, the tempi 
 the habitation of the deity whose statue it 
 tained. In one and the same cella there i 
 sometimes the statues of two or more dinni 
 as in the Erechtheum at Athens the statue 
 Poseidon, Hephaestus, and Butas. The sta 
 always faced the entrance which was in the ce 
 of the prostylus. The place where the statue s 
 was called e'Sns, and was surrounded by a balust 
 or railings (ificpia, ipvuara, Paus. v. 11. § 2). S 
 temples also had more than one cella, in w 
 case the one was generally behind the other, a 
 the temple of Athena Polias at Athens. In 1 
 pies where oracles were given, or where the wor 
 was connected with mysteries, the cella was cf 
 dSvTou, fteyopoi', or dmKropou, and to it only 
 priests and the initiated had access. (Pollux, i 
 Paus. ix. 8. § 1 ; viii. (i2 ; 37. § 5 ; Herod. 
 53 ; ix. 65 ; Plut. Nu7n. 13 ; Caes. de Bell. 
 iii. 10.5.) In some cases the cella was not at 
 sible to any human being, and various stories \ 
 related of the calamities that had befallen per 
 who had ventured to cross the threshold. (P 
 viii. 52. § 3 ; 10. § 2 ; 38. § 2 ; Soph. Ocd. 
 37.) The oTriirfloSo/ioy was a building which 
 sometimes attached to the back front of a ten 
 and served as a place in which the treasures oi 
 temple were kept, and thus supplied the pla< 
 ^r)<Tavpo'i which were attached to some tem 
 (Compare Miiller, Arch'dol. d. Kunst, p. 372, 
 Stieglitz, Arch, der Bauhiud, ii. 10, &c. ; Bii 
 ad Corp. Inscript. p. 264, &c.) 
 
 Independently of the immense treasures conta 
 in many of the Greek temples, which were ei 
 utensils or ornaments, and of the tithes of sj 
 &c. (Herod, vii. 132; Diodor. xi. 3; Polj-l 
 33), the property of temples, from which thei 
 rived a regular income, consisted of lands (rejUi 
 either fields, pastures, or forests. In Attica 
 sometimes find that a demos is in possession o 
 estates of a particular temple : thus the Pen 
 possessed the lands belonging to the I'hese 
 in what their right consisted is not known ; b 
 whatever kind it may have been the reve 
 accming from such property were given to 
 temples, and served to defray the ex-pensei 
 sacrifices, the maintenance of the buiklings. 
 For this purpose all temple-property was gene 
 let out to farm, unless it was, liy some curse v 
 layon it, prevented from being taken intocultivj 
 (Harpocrat. s.v. 'Aird ixia6u>fxariA>v : comp. Isc 
 Areop. 11.) The rent for such sacred dor 
 
TEMPLUM. 
 
 TESSERA. 
 
 947 
 
 , according to Dcniosthoncs (m EulmJid. p. 
 8), received by the demarch. i)robal)ly the do- 
 ch of the demos by which tlie saci'ed domain was 
 pied ; for in other cases wo find that the rents 
 e paid to the authorities entrusted with the 
 linistration of the temples. (Bockh, Stautsk. i. 
 ■27, &e. ; ii. p. 33J).) The supreme control 
 • all propertj- of temples belonged to the popu- 
 issemblj-. (Demosth. hi Neacr. p. 1380.) 
 Respecting the persons entrusted with the super- 
 ndence, keeping, cleaning, etc., of temples we 
 cely possess any information. [.See Aeditui and 
 KOPOI.] We have mention of persons called 
 SoSxot, KXrjSovxot, and vio<j>v\aKes, who must 
 been employed as guards and porters (Aeschyl. 
 1>I. -94), although it is not cerli^iin whether 
 ■e functions were not performed by priests who 
 occasionally called by names derived from 
 e particular function. At Olympia (paiSpuyrai 
 e appointed who belonged to the family of 
 dias, and had to keep clean the statue of the 
 mpian Zeus. (Paus. v. 14. § .5.) 
 
 mjj/cs at Borne. In the earliest times there 
 ;ar to have been very few temples at Rome, [ 
 in many spots the worship of a certain divinity ; 
 been established from time immemorial, while j 
 hear of the building of a temple for the same i 
 nity at a comparatively late period. Thus the [ 
 idation of a temple to the old It;ilian divinity ^ 
 imus, on the capitoline, did not take place till j 
 c. (Liv. ii. 21 ; Dionys. vi. 1 ; Plut. FuOl. 
 In the same manner Quirinus and Mars had | 
 pies built to them at a late period. Jupiter 
 had no temple till the time of Ancus Mai'tius, 
 the one then built was certainly very insig- 
 ant. (Dionys. ii. 34 ; Liv. i. 33.) We may 
 "efore suppose that the places of worship among j 
 earliest Romans were in most cases simple 
 rs or sacella. The Roman temples of later 
 es were constnicted in the Greek style. The i 
 1 was here as in Greece the inner spacious part 
 ihe temple which contained the statue or statues 
 the gods, and an altar before each statue, 
 truv. iv. 5.) The roof which covered the cella 
 ailed testndo, but it was in most cases not 
 jlly covered in order to let the light in from 
 ve. (VaiTO, ap. Scrv. ad Acn. i. 50.5.) The 
 :ance of a Roman temple was, according to 
 ruvius, if possible, always towards the west, 
 ich side was at the same time faced by the 
 :ge of the divinity, so that persons offering 
 yers or sacrifices at the alt;ir looked towards 
 east. (Comp. Isidor. xv. 4. 7 ; Hygin. dc • 
 tit. p. 15.3. ed. Goes.) If it was not practicable I 
 build a temple in such a position, it was placed 
 such a manner that the greater part of the city 
 Id be seen from it ; and when a temple was 
 ;ted by the side of a street or road, it was al- 
 so situated that those who passed by could 
 c into it, and offer their salutations to the deity. 
 Vs regards the property of temples, it is stated 
 t in early times lands were assigned to each 
 iple, but these lands were probably intended for 
 maintenance of the priests alone. [Sacerdos.] 
 ; sacra publica were perfonned at the expense 
 the treasury, and in like manner we must sup- 
 e, that whenever the regular income of a temple, 
 ing from fees and fines, was not sufficient to keep 
 mple in repair, the state supplied the deficiency, 
 ess an individual volunteered to do so. 
 Hie supreme superintendence of the temples of 
 
 Rome, and of all things connected with them, be- 
 longed to the college of pontiffs. Those persons 
 who had the immediate care of the temples were 
 the Aepitui. [L. S.] 
 
 TEMPORA'LIS ACTIO. [Actio, p. 8.] 
 
 TENSAE. [Thensae.] 
 
 TEPIDA'RIUM. [Baths, p. 139.] 
 
 TF;RENTI'LIA lex. [Lex, p. 5(;,5.] 
 
 TERMINA'LIA, a festival in honour of the 
 god Terminus, who presided over boundaries. His 
 statue was merely a stone or post stuck in the 
 ground to distinguish between properties. On the 
 festival the two owners of adjacent property crown- 
 ed the statue with garlands and raised a rude altar, 
 on which they offered up some corn, honeycombs, 
 and wine, and sacrificed a lamb (Hor. Epud. ii. 59) 
 or a sucking pig. They concluded with singing 
 the praises of tlie god. (Ovid. Fast. ii. G39, &c.) 
 The public festival in honour of this god was cele- 
 brated at the sixth mile-stone on the road towards 
 Laurentum (/d. G82), doubtless because this was 
 originally the extent of the Roman territorj- in 
 that direction. 
 
 The festival of the Terminalia was celebrated 
 a. d. VII. Kal. ]\Iart., or the 23rd of February on 
 the day before the Regifugium. The Terminalia 
 was celebrated on the last day of the old Roman 
 year, whence some derive its name. We know 
 that Febmary was the last month of the Roman year, 
 and that when the intercalary- month Mercedonius 
 was added, the last five days of February were 
 added to the interailarj- month, making the 23rd 
 of February the last da}' of the j'ear. ( \'arro, L. L. 
 vi. 13. ed." Miiller ; Macrob. Sat. i. 13.) When 
 Cicero in a letter to Atticus (vi. 1) says, Acccpi 
 tuas littvras a. d. V. Terminalia (i. e. Feb. 19), he 
 uses this strange mode of defining a date, because 
 being then in Cilicia he did not know whether any 
 intercalation had been inserted that year, as is ex- 
 plained under Calendar (Roman), p. 180. 
 
 TERU'NCIUS. [As, p. 102.] 
 
 TESSERA, dim. TESSERULA and TESSEL- 
 LA {kvSos), a sciuare or cube ; a die ; a token. 
 
 The use of small cubes of marble, earthen-ware, 
 glass, precious stones, and mothcr-oi-pearl for mak- 
 ing tesselated pavements {iiaviinenta iessellata, 
 Sueton. ./«/. 46) is noticed under House (Rom.^n), 
 p. 499, and Painting, p. 697. 
 
 The dice used in games of chance [Alea], had 
 the same form, and were commonly made of ivory, 
 bone, or some close-grained wood, especially privet 
 (liiiu.<tm lessens utilissima, Plin. H.N. xvi. 18. s. 
 31). They were numbered on all the six sides 
 like the dice still in use (Ovid. Trist. ii. 473) ; and 
 in this respect as well as in their fonn they differed 
 from the tali, which are often distinguished from 
 tesserae by classical writers. (Gellius, xviii. 13 ; 
 Ck. de Sen. [Talu.s.] Whilst four tali were 
 used in playing, only three tesserae were anciently 
 employed. Hence arose the proverb, ij rpis 17 
 Tpeis KuSoi, i. e. " either three sizes or three aces," 
 meaning, all or none (Plat. Leg. xii. ad Jin. ; Schol. 
 i/i he; Piierccrates, p. 49. ed. Runkel) ; for /ciJgos 
 was used to denote the ace, as in the throw 5uo 
 KvSw Kai TiTTapa, i. c, 1, 1, 4,=6. (Eupolis,p. 174. 
 ed. Runkel ; Aristoph. Ran. 1447; Schol. in foe.) 
 Three sizes is mentioned as the highest throw in 
 the Agamemnon of Aeschylus (32). As early as 
 the time of Eustathius {in Od. i. 107) we find that 
 the modem practice of using two dice instead of 
 three liad been established. 
 
 3 P 2 
 
948 TESTAMENTUM. 
 
 TESTAMENTUM. 
 
 The ancients sometimes played with dice irAeiff- 
 TO§o\ivSa [Talus], when the object was simply 
 to throw the highest numbers. At other times 
 they played also with two sets of Latrunculi or 
 draughtsmen, having fifteen men on each side. 
 The board {alveiis lasor'ms, Plin. //. N. xxxvii. 2. 
 s. 6 ; alveolus, Gellius, i. 20 ; xiv. 1) was di- 
 vided by twelve lines, so that the game must have 
 been nearly or altogether the same with our back- 
 gammon. (Bninck, Anal. iii. 60 ; Jacobs, ad loc.) 
 Perhaps the duoilecim scripta of the Romans was 
 the same game. [Abacus.] 
 
 Objects of the same materials with dice, and 
 either formed like them or of an oblong shape, 
 were used as tokens for different purposes. The 
 tessera hosjntalis was the token of mutual hospita- 
 lity, and is spoken of under Hospitium, p. 490. 
 This token was probably in many cases of earthen- 
 ware, having the head of Jupiter Hospitalis stamp- 
 ed upon it. (Plaut. Poen. v. 1. 25; 2. 87—99.) 
 Tesserae frumentarkie and nuiutiiariae were tokens 
 given at certain times by the Roman magistrates 
 to the poor, in exchange for which they received a 
 fixed amount of corn or money. (Sueton. Auff. 40. 
 42 ; Nero, 11.) Similar tokens were used on va- 
 rious occasions, as they arose in the course of 
 events. For example, when the Romans sent to 
 give the Carthaginians their choice of peace or war, 
 they sent two tesserae, one marked with a spear, 
 the other with a Caduceus, requesting them to 
 take either the one or the other. (Gellius, x. 27.) 
 
 From the application of this term to tokens of 
 various kinds, it was transferred to Ihe tcord used 
 as a token among soldiers. This was the tessera 
 viilitaris, the avvBrina of the Greeks. Before join- 
 ing battle it was given out and passed through the 
 ranks, as a metliod by which the soldiers might be 
 able to distinguish friends from foes. (Virg. Aeii. 
 vii. 637.) Thus at the battle of Cunaxa the word 
 was " Zeus the Saviour and Victory," and on a 
 subsequent engagement by the same troops " Zeus 
 the Saviour, Heracles the Leader." (Xen. Anali. 
 i. 8. § 16 ; vi. 3. § 25.) The soldiers of Xenophon 
 used a verbal sign for the same purpose when they 
 were encamped by night (vii. 3. § 34). Aeneas 
 Tacticus (c. 24) gives various directions necessary 
 to be observed respecting the word. [J. Y.] 
 
 TESTA. [Fictile, p. 419.] 
 
 TESTAMENTUM is " mentis nostrae justa 
 contestatio in id solemniter facta ut post mortem 
 nostram valeat." (Ulp. Frai/. tit. 20 ; comp. Ulp. 
 Dig. 28. tit. 1. s. 1, where he has "justa senten- 
 tia.") In this passage the word Justa means 
 " jure facta," " as required by law." The word 
 Contestatio is apparently used with reference to the 
 origin of the term Testamentum, which is to be re- 
 ferred to " Testari," which signifies " to make a 
 solemn declaration of one's will." Testamentum is 
 not so named with reference to Testes. Gellius 
 (vi. 12) properly finds fault with Servius Sulpicius 
 for saying that the word is compounded " a mentis 
 contestatione." The person who made a Testa- 
 mentum was Testator. (Sueton. Ner. 17 ; Dig. 
 28. tit. 3. s. 17.) 
 
 In order to be able to make a valid Roman will, 
 the Testator must have the Testamentifactio, which 
 terra expresses the legal capacity to make a valid 
 will : the word has also another signification. 
 [Heres (Roman), p. 476.] The testamentifactio 
 was the privilege only of Roman citizens who were 
 patresfamilias. The following persons consequent- 
 
 ly had not the testamentifactio : those who v 
 in the Potestas or Manus of another, or in M 
 cipii causa, as sons and daughters, wives In m 
 and slaves ; but with respect to his Castrt 
 Pcculium [Patkia Potestas, p. 725] a fil 
 familias had the privilege of testamentary 
 position : Latini Juuiani, Dediticii : Pereg 
 could not dispose of their property according 
 the form of a Roman will : a person who 
 doubtful as to his status, as for instance if 
 father had died abroad and the fact was 
 ascertained, could not make a testament : an 
 pubes could not dispose of his property by 
 even with the consent of his Tutor ; when a i 
 was fourteen years of age, he obtained the te 
 mentifactio, and a female obtained the power, i 
 ject to certain restraints, on the completion of 
 twelfth year : muti, surdi, furiosi, and pro 
 " quibus lege bonis interdictum est" had not 
 testamentifactio ; the reasons why these sev 
 classes of persons had not the testamentifa 
 illustrate the Roman mode of deducing legal ■ 
 elusions from general principles : — the Mutus 
 not the Testamentifactio, because he could not u 
 the words of Nuncupatio ; the Surdus, bccausi 
 could not hear the words of the Emtor famili 
 the Furiosus, because he had not intellectual c: 
 city to declare his will (^testari) about his propc 
 and the Prodigus, because he was under a 1 
 restraint so that he had no commercium and 
 sequently could not exercise the formal act of 
 familiae mancipatio. (Ulp. Frag. tit. 20. s. 
 Curator ; Impubes.) 
 
 Women had originally no testamentifactio, 
 when they did acquire the power, they could i 
 exercise it with the auctoritas of a Tutor. Of co 
 a daughter in the power of her father, whether 
 was unmarried or married, and a wife in n 
 could never make a will. The rules therefore 
 to a woman's capacity to make a will, could a) 
 only to unmarried women after the death of t 
 father and to widows who were not in the pc 
 of a father. This subject requires explanation, 
 
 Cicero (Top. 4) observes " if a woman has n 
 a will, and has never undergone a capitis dim 
 tio, it does not appear that the Bonorum Possi 
 can be granted in pursuance of such will accor 
 to the Praetor's Edict ; for if it could, the F 
 must give the Possessio in respect of the wil 
 Servi, Exules, and Pueri." Cicero means to 
 that if a woman made a will without ha 
 sustained a capitis diminutio, the will could 
 no effect at all : and he derives his argument ' 
 adjunctis," for if such a will could have any el 
 then the wills of other persons, who had not 
 testamentifactio, might be effectual so far as to 
 the Bonorum Possessio. It is not a logical 
 ference from the language of Cicero that a wo 
 who had sustained a capitis diminutio could i 
 a will ; but this is the ordinary meaning of 
 language and it appears to be his. Consistt 
 with this, Ulpian says {Frag. tit. 20. s. 15), " 
 men after their twelfth year can make a will 
 the auctoritas of a Tutor, so long as they ai 
 tutela ;" and the comment of Boethius on the 
 sage of the Topica clearly shows that he unders 
 it in this way. A woman then could make a 
 with the auctoritas of her Tutor and iu)t witl 
 Now if a woman was in Tutela Legitinia, it n 
 be correctly said that she could not make a ' 
 for, if she was Ingenua, the tutela belong( 
 
TESTAMENTUM. 
 
 i .ht to the Agnati and Gentiles, and if she was a 
 Iberta, it belonged to the patron. In these cases 
 Ivonian could indeed make a valid will with the 
 'iscnt of her Tutores, but as her Tutores were 
 ''r heirs in case of intestacy, such consent would 
 'dora be given, and though a woman under 
 i-'h circumstances might be allowed to make a 
 ■111, it may be assumed that it was a circumstance 
 'ogether unusual, and thus the rule as to a wo- 
 ;m in Tutela Legitima, as above stated, might be 
 ■d down as generally true. The passiige of 
 fcero therefore does not apply to the Tutela 
 •gitima, but to something else. Since the 
 f^covery of the Institutes of Gains the diffi- 
 '!lty has been cleared up, though it had been 
 !lved in a satisfactory manner by Savigny before 
 lb publication of Gaius. {Bcritnxj ziir Geschicldc 
 'r Gescltlec/itstutc/, Zeitschrift, vol. iii. p. 328.) 
 lA woman could make a " coemptio fiduciae 
 jusa," in order to qualify herself to make a will ; 
 T " at that time women had not the power of 
 liking a will, except certain persons, unless they 
 fide a co-emptio and were remancipated and 
 'inumitted ; but on the recommendation of Ha- 
 !"ian the senate made the ceremony of coemptio 
 Jmecessary for this purjiose." (Gaius, 1 1 5. a.) The 
 ''emptio was accompanied with a capitis diminutio, 
 fid this is what Cicero alludes to in the passage of 
 I'e Topica. [Marriage(Ro]man).] A woman who 
 Ime in manura viri had sustiiined a capitis diminu- 
 ' ), but it must not be inferred from this that if she 
 '■came a widow she could make a will. The 
 ^pitis diminutio of Cicero means that the will 
 ust be made with the auctoritas of a tutor. 
 How if the husband died, when the wife had been 
 '1 raanu, and he appointed no tutor for her, she 
 'as in the legitima tutela of her nearest agnati, 
 ;ho would be her own children and step-children, 
 ' she had any. But the tutela legitima in such 
 
 case would seem something unnatural, and ac- 
 brdingly the magistratus would give a tutor to 
 Itie woman ; and such a tutor, as he had no inte- 
 •;st in the woman's property, could not prevent 
 er from making a will. The husband might by 
 'is will give the wife a power to choose a Tutor 
 'tutoris optio), and such a Tutor could not refuse 
 f,is consent to the woman making a will ; for in- 
 'tead of the woman being in the potestas of the 
 'utor, he was in the potestas of the woman, so far 
 s to be bound to assent to her testamentary dispo- 
 'itions. (Compare Liv. xxxix. and Cic. j/ro 
 MurcH. c. 17 ; Gaius, i. 150.) 
 
 The case of Silius (Cic. ad Dir. vii. 21) may be 
 I case of a woman's making a will, without the 
 'luctoritas of a tutor, for it appears that a woman 
 ' Turpilia) had disposed of property by will, and 
 Servius Sulpicius was of opinion that this was not 
 'i valid will, because the will-maker had not the 
 ' estamentifactio. There may however have been 
 )ther reasons why the will-maker had not the 
 estamentifactio, than the want of a capitis di- 
 ninutio (in the sense of Cicero, Top. 4), and con- 
 sequently the opinion of those critics who refer 
 :he case mentioned in this letter to the principle 
 jf the Capitis diminutio is not a certain truth. 
 
 The following references may be consulted as to 
 :his matter, Cic. pro Caecin. 6. 25, pro Flacc. 35, 
 oro Murcn. 12, ad Att.y'n. 8; Liv. xxxix. 19; 
 Gaius, i. 150, &c. 
 
 Libertae could not make a testament without the 
 luctoritas of thck patrouus, except so far as this 
 
 TESTAMENTUM. 
 
 949 
 
 rule was altered by enactments ; for they were in 
 the legitima tutela of their patronus. Libertae, 
 who had a certain number of children could make 
 a will without the auctoritas of their patronus. 
 [Patkonus.] 
 
 The Vestal Virgins had no tutor, and yet they 
 could make a Testament. The Twelve Tables re- 
 leased them fi-om all tutela " in honorem sacer- 
 dotii." (Cic. de Rep. iii. 10 ; Gaius, i. 145.) 
 
 In order to constitute a valid will, it was neces- 
 sary that a heres should be instituted, which might 
 be done in such terms as follow: — Titius heres 
 esto, Titiura hcredem esse jubeo. [Hbiies (Ro- 
 jUAS, p. 476.)] 
 
 All persons wlio had the commercium could be 
 heredes ; slaves also and others who were not 
 siu juris could be made heredes. [Heres ; 
 Servus (Roman), p.8()9.] But there were many 
 classes of persons who could not be heredes : 
 Peregrini, who had not received the commercium : 
 persons who were imperfectly described: Juris- 
 tical persons or universitates, except by their liberti, 
 a privilege granted by a Senatusconsultum ; Gods, 
 or the temples of Gods, except such as were except- 
 ed by a Senatusconsultum and Imperial Constitu- 
 tions, such as Jupiter Tarpeius, Apollo Didymaeus, 
 Mars in Gallia, Minerva Iliensis, Hercides Gadi- 
 tanus, and others enumerated by Ulpian {Frag. 
 tit. 22. s. C) : a Postumus alienus could not be 
 made a heres, for he was an incerta persona : it is 
 a disputed question whether, according to the old 
 law, women could be made heredes ; but the 
 question concerns only those who were sui juris, 
 as to whom there seems no sufhcient reason why 
 they could not be made heredes ; the capacity of 
 women to take under a will was limited by the 
 VocoNiA Lex : unmarried persons and persons 
 who had no children were limited as to their ca- 
 pacity to take under a wiU by the Papia Poppaea 
 Lex. [Julia Lex et Papia Poppaea.] 
 
 The first question as to the validity of a will 
 was the capacity of the testator: the next question 
 was as to the proper obser\'ance of the forms re- 
 quired by law, " except in the case of soldiers, 
 who, in consideration of their little acquaintance 
 with such matters were allowed to make their 
 wills as they pleased or as they could." (Gaius, 
 ii. 114.) This remark of Gaius seems to refer to 
 the Imperial period. 
 
 As to the Form of wills Gaius (ii. 101) and 
 Ulpian {Frurj. tit. xx.) are now the best authorities. 
 
 Originally there were two modes of making 
 wills ; for people made their wills either at Calata 
 Comitia, which were appointed twice a year for 
 the making of wills ; or they made wills in pro- 
 ci/ictu, that is, when they were going to battle ; for 
 an anny in movement and under aims is Procinctus. 
 A third mode of making wills was introduced, 
 which was effected per aes et libram, whence the 
 name of I'estamentum per aes et libram. If a man 
 had neither made his will at Calata Comitia nor In 
 procinctu, and was in imminent danger of death, 
 he would mancipate (inuiicipio dabat) his Familia, 
 that is, his Patrimonium to a friend and would tell 
 him what he wished to be given to each after his 
 death. The old form of making a will per aes et 
 libram was this. The Familiae emtor, that is the 
 person who received the Familia by mancipation, 
 filled the place of heres and accordingly the testator 
 instructed him what he wished to be given to each 
 after his death. In the time of Gaius the pnictice 
 
950 
 
 TESTAMENTUM. 
 
 was different. One person was instituted heres 
 (/teres testamento imtituiticr), who was charged with 
 the payment of the legacies, or, as it is expressed 
 in the phraseology of the Roman Law, " a quo 
 etiara Iegata> relinquebantur and another person 
 was present as familiae cnitor from a regiird to the 
 old legal form. The mode of proceeding was this. 
 I he testator, after having written his will {tabulae 
 teMamenti), called together five witnesses, who were 
 Koman citizens and puberes, and a libripens, as in 
 the case of other mancipationes, and mancipated 
 his familia to some person in compliance with 
 legal forms {dicis causa). The words of the Fa- 
 indiae emtor show clearly the original nature of 
 the transaction : "Famili;iin pecuniamque tuam endo 
 niandatam tutelam custodelamque meam recipio ea- 
 que quo tu jure testamcntum facere possis secundum 
 legein^ publicam hoc aere (aeneaque libra) esto mihi 
 emta." The Emtor then struck the scales with a 
 piece of money which he gave to the testator as the 
 pnce of the Familia. Then the testjitor taking the 
 will in his hand said : " Haec ita ut in his tabulis 
 tensque (or cerisve) scripta sunt ita do ita lego ita 
 testor itaque vos Quirites testimonium niihi perhi- 
 betote." This was called the Nuncui)atio or pub- 
 lishing of the will ; in other words the testator's 
 general confirmation of all that he had written 5" 
 iiis will. 
 
 TESTAMENTUM. 
 
 As the Familiae emtio was supposed to he a 
 real transaction between the Emtor and Testator, 
 the testimony of their several families was exclud- 
 ed, and consequently a person who was in the 
 power of the Familiae Emtor or in the power of 
 the Testiitor could not be a witness. If a man 
 who was in the power of another, was the familiae 
 emtor, it followed that his father could not be a 
 witness, nor his brother if the brother was in the 
 power of the father. A filiusfamilias who after his 
 Missio disposed of his Castrense peculium by testa- 
 ment, could not have his father as witness nor any 
 one who was in the power of his father. The same 
 rules applied to tlie libripens, for he was a witness. 
 A person who ^vils in the power of the heres or of 
 a legatee or in whose power the heres or legatee 
 was, or who was in the power of the same person 
 as the lieres or a legatee, and also the heres or a 
 legatee could all be witnesses ; for as Ulpian ob- 
 serves there is no objection to any number of wit- 
 nesses from the same family. But Gaius observes 
 that this ought not to be considered as law with 
 respect to the heres, and him who is in the power 
 of the heres and him in whose power the heres is. 
 
 According to Gaius, wills were originally made 
 only at Calata Comitia, and In Procinctu. The 
 Comitia were held twice a year for the pui-pose of 
 making wiJls, and a will not made there was in- 
 valid. It is sometimes assumed that these Comitia 
 were held in order that the Gentes might consent 
 to the testamentary disposition, in wiiich it is im- 
 plied that they might refuse their consent. But 
 there is no direct evidence for this opinion and it 
 derives no support from a consideration of the 
 mode of disposing of property per aes et libram. 
 The form per aes et libram was a fonu introduced 
 in cases when the will had not been made at the 
 Calata Comitia nor In Procinctu. It had etl'ect 
 because it was an alienation of property inter vivos 
 without the consent of any parties except the buyer 
 and seller, wliicli alienation must be assumed to 
 have been a legal transaction at the time when this 
 new fom of will was introduced. This new form 
 
 was a sale and the familiae emtor undertook 
 trust ; he resembled the heres tiduciaiius of la 
 times. It is probable enough that there w 
 originally no means of compelling him to exec 
 the trust, but opinion would be a sufficient giian 
 tee that the testator's will would be observed, a 
 thus would arise one of those parts of Law wh 
 had its soui'ce in ]\Ios. Now when the lioni; 
 introduced new legal forms, they alvvaj-s assimil 
 ed them to old forms, whence we have a proba 
 conclusion that the form of mancipatio was a 
 observed at the Calata Comitia ; and if so, theci 
 sent of the Gentes was not necessary, unless 
 was necessary to every alienation of proper 
 which in the absence of evidence must not 
 assumed, though such may have been the £ 
 The difference then between the will made at I 
 Calata Comitia and the will per aes et libram, ci 
 sisted in the greater solemnity and notoriety of l 
 former, and the consequent greater security tl 
 the testator's intentions would be observed. Wi 
 ten wills are not spoken of with reference to t 
 time, nor is it probable that wills were writte 
 it does not appear tliat a written will was ever ; 
 quired by law. The testator's disposition of j 
 property wotdd be short and simple in those eai 
 times, and easily remembered ; but there would 
 greater security for an unwritten will made at t 
 Comitia than for an unwritten will made per i 
 et bbnmi ; whence in course of time Tabulae 1 
 came a usual part of the ceremony of a will. 
 
 As we are ignorant of the true nature of priv; 
 property among the Romans, viewed with resp( 
 to its historical origin, we caiuiot determine wi 
 certainty such questions as these respecting tesi 
 mentary disposition, but it is of some uuportan 
 to exclude conjectures which are devoid of all e' 
 dence. Rein (Das Rom. Privatrecld, p. 373. nol 
 has referred to the modem writers who ha 
 discussed this subject : he has adopted the opinio 
 of Kiebuhr, according to which " as the proper 
 of an extinct house escheated to the cury, that 
 an extinct cury to the publicum of the citizens 
 large, the consent of the whole pojiulus was reqi 
 site ; and tills is the origin of the rule that test 
 ments were to be made in the presence of ti 
 pontiff and the curies." (Hist, uf Hume, ii. p. 33! 
 But there is no evidence of the assertion cuiit^iiiK 
 in the first part of this passage ; and if this ride 
 to escheat is admitted to be a fact, the rule th 
 testaments must be confinned by tlie pontiff ai 
 curies is no necessary conclusion. IS'iebuhr fm'th 
 observes tliat " the plebeian houses were not 
 connected ; but the whole order had a public coti 
 in the temple of Ceres : and when the army, lieii 
 assembled in centuries, either on the field of Mai 
 or before a battle, passed the last wiU of a soldi 
 into a law, it thereby resigned the claims of tl 
 whole body to the property." This assertion al 
 is not supported by evidence, and is therefore 
 mere conjecture against the probability of whii 
 there are sufficient reasons. 
 
 The Test;imentmii in procinctu is, for anythii 
 we know to the contrary, as old as the tcstiimei 
 at the Calata Comitia. In this case the funus 
 the Calata Comitia were of necessity dispense 
 with, or the soldier would often have died iutc 
 tate. This power of disposition in the case of 
 Testanieiitum in procinctu could not depend on ti 
 consent of the whole populus, in each pm'ticul; 
 instance ; for the nature of the circumstances e; 
 
TESTAMENTUM. 
 
 TESTAMENTUM. 
 
 951 
 
 •■nch consent. He had therefore full power 
 i^ition In Hrocinetu, a circumstance which 
 the prolialile conclusion that the will made 
 I alata Comitia ditt'ered onlj' from the other 
 Its foniis and not in its substance. Some 
 assert that the Testamentum in Procinctu 
 illy be made after the auspices were tiiken, 
 J I ve the testament the religious sanction, and 
 I -n the auspices ceased to be taken in the 
 liis kind of testament ceased to be made ; 
 It the military testaments mentioned about 
 .< r part of the republic (as by Caestir, Bell. 
 I. .'59 ; Velleius, ii. .5, &;c.) were not the same 
 k I I if testaments, but purely niilitarj' tesUuiients 
 
 I ■ u ithout any fomi, which in the Imperial pe- 
 
 ame in common use and of which J. Caesar 
 V introduced the practice. (Dit;. 29. tit. 1. 
 nnoito JMilitis.) Cicero however speaks 
 will In procinctu {de Or. i. 53) as then in 
 I he describes it as uiade " sine libra et ta- 
 ihat is, without the forms which were used 
 II' introducti<m of the testamentum per aes 
 111. Thus the Test;imeutum in Procinctu 
 i I'tained its characteristic of being exempted 
 jal /units., but as to the cajiaciti/ of the Tes- 
 was always subject to the same rules of 
 iither wills, so far as we know. 
 I'l liirm of Mancipatio owed its origin to posi- 
 t I iiactments [Usucapion] : it was a form of 
 ii nation accompanied with certiiin public cere- 
 11 lie--, the presumed object of which was to secure 
 B leiice of the transfer. The fonn of Mancipatio 
 a .ipplied to a will was exactly the same form as 
 I nciptitio applied to any other pm'pose : it was 
 B tilienation of the property, and according to 
 s ct principles it must have been irrevocable. It 
 1 >" lie concluded then that Roman wills were 
 I finally irrevocable. It is sometimes assumed 
 t t the five witnesses to the Testament {civcn Ru- 
 ■I lit jiuljcrcii) were representiitives of the five 
 (isses of Servius TuUus. If this is true (which 
 i i mere assumption) the classes were represented 
 Bwitnesses only, not as persons who gave their 
 t 5i'iit to the act. Engelbach states : " Mancipa- 
 tii was originally a formal sale in which the 
 J III l ess of the transaction constituted the essen- 
 1 i-liafacteristic. When the seller had transferred 
 1 tile ljuyer the ownership of a thing before the 
 I ■ representatives of the five classes of the Roman 
 liiple, this was as valid as any other Le.x which 
 ' ^ lii iiught before the assembly of the People and 
 -Mil into a Lex." [Ueber die. Usmapion zur Zeit 
 '/.ii 'i'Jf Tufeln, p. 80.) The whole meaning of 
 > is not clear, but so far as this it is clear and 
 I I- : ilie Testiunentum per aes et libram differed 
 HI ivspectsas to the capacity of the alienor, from 
 iitiu-r Mancipation. Now we must either sui>- 
 ••■ tluit the assumed consent of the populus to the 
 -taiiifutary disposition at the Calata Comitia, 
 s I'x pressed by a specitil enactment which shoidd 
 ii^trr the property according to the Testator's 
 ih, or that the consent only must have been 
 en to the transfer, and the transfer nnist htive 
 
 II mtule in the usual way : the latter is the only 
 ici i\tible case of the two. In assuming this 
 
 filial necessity of consent on the part of the 
 lulus to the testamentiiry disposition, we assume 
 
 ' t Roman property was originally inalienable at 
 
 I- will of the owner. This may be true, but it is 
 
 I yet shown to be so. 
 
 rhe Twelve Tables recognize a man's power to 
 
 dispose of his property by will as he pleased : " Uti 
 legassit super pecunia tutelave suae rei it;i jus esto." 
 (Ulp. Fnui. tit. xi. 14.) It is generally admitted, 
 and the extant passages are consistent with the 
 opinion, that the new testamentary form per aes 
 et libram existed while the two original forms were 
 still in use. Now in the tesUimentiun per aes et 
 libnun there is no pretence for saying that any 
 consent was required except that of the buyer and 
 seller ; and the Twelve Tables recognize the testa- 
 tor's power of disposition. If then the fonn of 
 testament at Comitia Calata subsisted after the 
 Twelve Tables, we have, according to the views of 
 some writers, a form of testamentum to which the 
 consent of the testator was sufficient and another 
 form In which it was not. There still remains to 
 those who support this opinion, the power of say- 
 ing that the consent of the sovereign people had 
 become a fonn, and therefore it was inditt'erent, so 
 far as concerns this consent, whether the will was 
 made at the Comitia where it woidd be fully wit- 
 nessed, or per aes et libram where it would be 
 witnessed by the five representitives. But it is 
 easy to suggest possibilities ; less easy to weigh 
 evidence accurately and to deduce its legitimate 
 consequences. 
 
 As already observed, there seems to have been 
 no rule of law that a testimient must be written. 
 The mancipatio required no writing, nor did the in- 
 stitution of a heres, and the number of witnesses was 
 probably required in order to secure evidence of 
 the testator's intentions. Thus it is said (Dig. 28. 
 tit. 1. s. 21) that the heres might either be made 
 by oral declaration {nmieiipalio) or by writing. 
 Written wills however were the common form 
 among the Romans at least in the later republican 
 and in the imperial periods. They were written 
 on tablets of wood or wax, whence the word "ce- 
 ra " is often used as eqiuvalent to " tabella ;" and 
 the expressions prima, secunda cera are equivalent 
 to prima, secunda pagina. The will might be writ- 
 ten either by the test;itor or any other person with 
 his consent, and sometimes it was made with the 
 advice of a lawj'er. It was written in the Latin 
 language, until a. d. 439 when it was enacted that 
 wills might be in Greek. (Cod. vi. tit. 23. s. 21.) 
 By the old law a legacy could not be given in the 
 Greek language, though a fideicommissum could be 
 so given. It does not appear that tliere was ori- 
 ginally any signature by the witnesses. The will 
 was sealed, but this might be done by the testator 
 in secret, for it was not necessary that the witnesses 
 should know the contents of the will ; they were 
 witnesses to the formal act of mancipatio, and to 
 tiie testator's declaration that the tabulae which he 
 held in his hand contained his last will. It must 
 however have been in some way so marked as to 
 be recognized, and the practice of the witnesses 
 (testes) sealing and signing the wiU became com- 
 mon. It was necessary for the witnesses both to 
 seal {sifinare), that is, to make a mark with a ring 
 [amniliis) or something else on the wax and to add 
 their names {iiHsrriliere). I'iie five witnesses signed 
 their names with their own h:uid,and their subscrip- 
 tion also declared whose will it was that they sealed. 
 (Dig. 28. tit. 1. s. 30.) The seals and subscriptions 
 appear to have been on the outside. A Senatuscon- 
 sultum, which applied to wills among other instru- 
 ments, enacted that they should be witnessed and 
 signed as follows : they were to be tied with a tri- 
 ple thread (linuin) on the u])per ptu't of the margin 
 
952 
 
 TEST AMENTUM. 
 
 TESTAMENTUM. 
 
 which was to be perforated at the middle part, and 
 the wax was to be put over the thread and sealed. 
 Tabulae which were produced in any other way had 
 no validity. (Compare Paulus, S. R. v. tit. 25. s. fi, 
 where inipositae seems to be the true reading, with 
 Sucton. N'er. 17.) A man might make several co- 
 pies of his will, which was sometimes done for the 
 sake of caution. (Sueton. Tib. 76.) When sealed, 
 it was deposited with some friend, or in a temple, 
 or with the Vestal Virgins ; and after the testator's 
 death it was opened (resignare) in due form. The 
 witnesses or the major part were present, and after 
 they had acknowledged their signatures, the thread 
 {/iiinia) was broken and the will was opened and 
 read, and a copy was made ; the original was then 
 sealed with the public seal and placed in the ar- 
 chium, whence a fresh copy could be got, if the 
 first cop}' should ever be lost. (Paulus, iv. G.) This 
 practice described by Paulus may have been of con- 
 siderable antiquity. The will of Augustus which had 
 been deposited with the Vestal Virgins was brought 
 into the Senate after his death : none of the wit- 
 nesses were admitted except those of Senatorian 
 rank ; the rest of the witnesses acknowledged their 
 signatures outside of the Curia. (Sueton. Tib. 23.) 
 
 A curious passage in a Novel of Thcodosius II. 
 (a. d. 439, IM Teataittentif) states the old practice 
 as to the signature of the witnesses. " In ancient 
 times a testator showed {ojferebat) his written 
 testament to the witnesses and asked them to bear 
 tcstiinouy that the will had so been shown to them 
 (iiblataruin tcthularum perhibere iestimmiiiim)" which 
 are almost the words of Gains. The Novel goes 
 on to state that the ignorant presumption of pos- 
 terity had changed the cautious nde of the ancient 
 law, and the witnesses were required to know the 
 contents of the will ; the consequence of which was 
 that manj' persons preferred dj'ing intestate to 
 letting the contents of their wiUs be kno™. The 
 Novel enacted what we may presume to have been 
 the old usage, that the testator might produce his 
 will sealed, or tied up, or only closed, and offer it 
 to seven witnesses, Roman citizens and puberes, 
 for their sealing and subscription, provided at the 
 same time he declared the instrument to bo his 
 will and signed it in their presence, and then the 
 witnesses affixed their seals and signatures at the 
 same time also. 
 
 A fragment of a Roman will, belonging to the 
 time of Trajan, was published by Pugge in the 
 Rhemisclie.s AJvsenm, i. 249, &c. 
 
 The penalties against fraud in the case of wills 
 and other instruments were fixed by the Lex 
 Cornelia. [Falshm.] 
 
 The Edict established a less formal kind of will, 
 since it acknowledged the validity of a will when 
 there had been no mancipatio, provided there were 
 seven witnesses and seven seals, and the testator had 
 the testamentifactio at the time of making the will 
 and at tlie time of his death. (Gains, ii. 147.) The 
 tonus of the Edict are given by Cicero (wi I c/r. c. 1. 
 46). The Edict only gave the Bononim Possessio 
 which is the sense of hereditas in the passage of 
 Cicero referred to, as well as in Gains (ii. 1 19). This 
 so-called Praetorian Testament existed in the Re- 
 puljlican period, and for a long time after. Thus 
 a man had his choice between two forms of making 
 his will ; the Civil form by Mancipatio, and the 
 Praetorian with seven seals and seven witnesses, 
 and without Mancipatio. (Savigny, Beytray zur 
 (JeschiMc dir Rom. Tedum., Zeitschrift, i. 78.) 
 
 Tlie Praetorian Testament prepared the ■' 
 for the abolition of Mancipatio, the essential c 
 acter of a wUl made according to the Jus Ci 
 and in the Legislation of Justinian the font 
 making a testament was simplified. It requ 
 seven male witnesses of competent age and 1 
 capacity, and the act must be done in the prcs( 
 of all, at the same place, and at the same time, 
 is, it must be continuous. The testator might 
 clare his last will orally {sine scriptis) before sc 
 witnesses, and this was a good will. If it W! 
 written will the testator acknowledged it be 
 the witnesses as his last will, and put his nam 
 it, and the witnesses then subscribed their n;i 
 and affi.xed their se.als. The testator might v, 
 his will or have it written by another person, 
 such other person could derive no advantage ui 
 the will. [Senatusconsultum Libonianum 
 
 The cases in which a will was not valid, bee 
 the heredes sui were not expressly exheredi 
 are stated in Heres (Roman). 
 
 A testament which was invalid from the 
 was Injustum and never could become valid 
 was Non jure factimi, when the proper fc 
 had not been observed ; it was Nullius Momi 
 as in the case of a filiusfamilias who is "p 
 teritus." A Testamentum Justum might bee 
 either Ruptum or Irritum in consequence of su 
 quent events. (Dig. 28. tit. 3. s. 1.) 
 
 A testament became Ruptum, if the test 
 made a subsequent testament in due form as 
 quired by law : and it made no matter, whetht 
 not there tunied out to be a heres under the 
 cond will ; the only question was whether t 
 could have been one. If then the heres name 
 the second will refused the hereditas, or died ei 
 in the lifetime of the testator, or after his de 
 and before the cretio, or failed to comply with 
 conditions of the will, or lost the hereditas ui 
 the Lex Julia et Papia Poppaea — in all t 
 cases the paterfamilias died intestate. 
 
 A valid will became Irritum if the testator 
 tained a capitis diminutio after the date of 
 will ; or if it failed of effect because there wa 
 heres. Thus a prior will which was invalid 
 by a subsequent will was Ruptum, and if there 
 no heres under the subsequent will, such will 
 Irritimi. 
 
 If a man who had made a will was taken 
 soner by the enemy, his will was good jure j 
 liminii if he returned -home ; if he died in 
 tivity, it was made as valid by the Lex Con 
 as if he had not been a captive. 
 
 Though a will might be Ruptum or Irrituir 
 the Jus Civile, it was not always without efl 
 for the Bonorum Possessio secundum tabulas m 
 be had by the scriptus heres, if the will was 
 nessed by seven witnesses, and if the testator 
 the testamentifactio. The distinction betv 
 the case of a will which was invalid Jure C 
 for want of due forms, and one which was in^ 
 for want of legal capacity to dispose of prop 
 by will was well recognized in the time of Cii 
 (Top. 1 1.) A will also became Ruptum by adgn; 
 that is, if a suns heres was bom after the ma^ 
 of the will who was not either instituted hen 
 exheredated, as the law required. A quasi adgi 
 also arose by adoption, or by the in manum con 
 tio, or by succession to the place of a suus hi 
 as in the instance of a grandson becoming a 
 heres in consequence of the death or the emam 
 
TESTAMENTUM. 
 
 TESTUDO. 
 
 953 
 
 ill of a son : a will also became ruptum by the 
 ilnumission of a son, that is, where the son after 
 slirst and second mancipation returned into the 
 jiver of his father. [ Emancipatio.] 
 |A testiiment was called Inofficiosum which was 
 :i de in legal fomi, " sod non ex officio pietatis." 
 tiT instance, if a man had exheredated his own 
 ildren, or passed over his parents, or brothers or 
 tins, the will was in form a good wiU, but if 
 . IT was no sufficient reason for this exheredation 
 • praeterition, the persons aggrieved might have 
 ii Inofficiosi querela. The ground of the com- 
 liint was the allegation that the testator was 
 (ion sanae mentis," so as to have capacity to 
 hke a will. It was not alleged that he was 
 liriosus or Demons, for these were technical words 
 Siich implied complete legal incapacity. The 
 i;tinction was a fine one, and worthy of the sub- 
 <ty of the Jurists, to whom it may be presumed 
 i owe its origin. By tlie legislation of Justinian 
 person could maintain a Querela inofficiosi beyond 
 iie degree of brothers and sisters ; and brothers 
 id sisters could only maintain their claim against 
 Iripti heredes" who were " turpes personae." 
 ic complaint also could only be maintained in 
 M S where the complaining parties had no other 
 Jit or means of redress. If any portion, how- 
 
 i r small, was loft by the will to the complaining 
 
 ii ty, he could not maintain a Querela inofficiosi, 
 nd he was only intitled to so much as would make 
 \ii his proper share. If the judex declared the 
 istamentum to be Inofficiosum, it was rescinded ; 
 lit if there were several heredes, the testament 
 rould only be rescinded as to him or them against 
 ihose institution the Judex had pronounced, 
 rhe portion of an hereditas which might be claim- 
 lil by the Querela inofficiosi was one-fourth, which 
 ! as divided among the claimants pro rata. (PUn. 
 p,/). v. I ; Inst. ii. tit. 18 ; Dig. v. tit. 2, De 
 ciofficioso Testamento.) 
 
 The Querela Inofficiosi is explained by Savigny 
 ■ith his usual perspicuity {Si/stein, ^r. ii. 127). 
 Vhen a testator passed over in his will any of his 
 earest kinsfolks, who in the case of intestacy 
 i.'ould be his heredes, this gave rise to the opinion 
 lat the person thus passed over had merited this 
 lark of the testator's disapprobation. If this 
 pinion was unfounded, the testator had done an 
 nmerited injury to the person, and his remedy 
 .'as by getting the will set aside, as made under 
 he influence of passion. If the will was set aside, 
 he testator was thereby declared to have died in- 
 estate, and the complainant obtained the hereditas 
 vhich was the nnmediate object of the Querela, or 
 lis share of it. But the ultimate object of the 
 Querela was the public re-establishment of the in- 
 ured honour of tlie complainant, who in this action 
 ippeared in a hostile position with respect to the 
 'f estator who had brought his character in question. 
 Consequently this action had for its ultimate object 
 Vindicta, and the peculiarity of the action consisted 
 •n the diiference between this ultimate object of 
 ;he action and the immediate object of it (pro- 
 ierty), which was merely a means to the ultimate 
 abject. [ViNDiCTA.] 
 
 There is no evidence to show when the Querela 
 Inofficiosi was introduced as a mode of setting aside 
 11 will. The phrase Testamentum Inofficiosum oc- 
 curs in Cicero, and in Quintiban {Inst. Or. ix. 2). 
 
 Codicilli werL! an infonnal will ; they may 
 be defined to be a testamentary disposition of 
 
 such a kind which does not allow the direct 
 appointment or exheredation of a heres, even 
 though the codicilli are confirmed by a testa- 
 ment ; but ho who was appointed heres by a 
 testament^ might be requested by codicilli to give 
 the hereditas to another altogether or in part, even 
 though the codicilli were not confinned by a Testa- 
 ment. A legacy could not be given by codicilli, 
 unless the codicilli were confirmed by a will ; and 
 this must be the case to which Pliny refers {I£p. 
 ii. IC). Acilianus had made Pliny " heres ex 
 parte," but he had also made codicilli in his own 
 handwriting, which as Pliny alleges were void 
 {pro non scrtptis hahendi), because they were not 
 confirmed by the will. Now, as already observed, 
 it appears from Gaius (ii. 273), that a person who 
 was appointed heres by a will, might be required 
 by codicilli to give the whole hereditas or a part to 
 another, even though the codicilli were not confirm- 
 ed by a wUl. But Pliny is speaking of codicilli 
 which were void for want of a testamentary con- 
 firmation ; and this, as we learn from Gaius, is the 
 case of a legacy given by codicilli which have not 
 been confirmed by a will. This confirmation might 
 be either prospective or retrospective {si in testa- 
 mento cavcrit testator, ut qnidqiiid in codicillis scrip- 
 serit, id ratum sit, Gaius, ii. 270 ; quos novissimos 
 fecero. Dig. 21). tit. 7. s. 8). This passage of Pliny 
 as to the confirmation of codicilli by a testament, 
 has sometimes been misunderstood. It is stated 
 (Dig. 29. tit. 7. s. 8), " Conficiuntur codicilli quar 
 tuor modis : aut enim in futurum confirmantur aut 
 in praeteritum, aut per fideiconiraissum testamento 
 facto aut sine testamento." These four modes are 
 referred to in Gaius : the first two are contained in 
 the words above quoted. Si in testamento, &c. : the 
 third is the case of the heres institutus being re- 
 quired to give the hereditas to another person by 
 codicilli non confinnati ; and the fourth is the case 
 of a fideicommissum given by codicilli of a person 
 who made no other testamentary disposition. It 
 was a rule of law that codicilli, when duly made, 
 were to be considered (except in a few cases) as 
 incorporated in the will at the time when the will 
 was made, a principle which led to various legal 
 conclusions, which the Roman jurists deduced with 
 their usual precision. (Dig. 27. tit. 7. s. 2.) 
 
 Originally there was probably no particular form 
 required for codicilli ; but there must have been 
 evidence of their containing the testator's intention. 
 Subsequently witnesses were required and five wit- 
 nesses were sufficient for codicilli made in writing, 
 if the witnesses subscribed their names to the codi- 
 cilli. (Cod. G. tit. 36.) But a man could with- 
 out writing and in the presence of five witnesses 
 impose a fideicommissum on his heres. A testa- 
 ment which was defective as such, might be effec- 
 tual as codicilli. The power to make codicilli was 
 the same as the power to make a testament. (Dig. 
 29. tit. 7. De Jure Codicillurum.) 
 
 The subject of Roman Testaments can only be 
 satisfactorily expounded in a large treatise, and it 
 would require to be treated historically. The pre- 
 ceding sketch may be useful, and generally true, 
 and it affects to be nothing more. [G. L.] 
 
 TESTIS. [Oath (Roman), p. G52.] 
 TESTU'DO (xe^«»'')), a tortoise, was the name 
 given to several other objects. 
 
 1. To the Lyra, because it was sometimes made 
 of a tortoise-shell. [Lyra.] 
 
 2. To an arched or vaulted roof. (Virg. Aeu. i. 
 
954 
 
 TESTUDO. 
 
 THARGELIA. 
 
 605 ; Cic. Brut. 22.) [Temi'LUM, p. 047-1 Thus 
 in a Roman house, when the Cavum Aediuni was 
 I'oofed all over and had no opening oi' compluviuni 
 in the centre, the Cavum Aedium was called Tes- 
 tudo. (VaiT. />. V. Kil. cd. Midler.) [House 
 (Roman), p. 495, 490.] 
 
 3. To a military machine moving upon wheels 
 and roofed over, used in besieging cities, under 
 which the soldiers worked in undermining the 
 walls or otherwise destroying them. (Caes. 13. G. 
 v. 42, 43; B.C. ii. 2.) It was usually covered 
 with raw hides or other materials wliich could 
 not easily be set on fire. The battering-rara 
 [Aries] was fre(|uently placed under a testudo of 
 this kind, which was then called Testudo Arielaria. 
 (Vitruv. X. 19. p. 322. Bip.) Vitruvius also men- 
 tions and explains the construction of several other 
 military machines to which the name of Testudines 
 was given (x. 20, 21 ; cmiipare Pulyli. ix. 41). 
 
 4. The name of Testudo was ;dso applied to the 
 covering made by a close body of soldiers who 
 I)laced their shields over their heads to secure 
 themselves against the darts of tlie enemy. The 
 shields fitted so closely together as to present one 
 unbroken siuface without any interstices between 
 them, and were also so finn that men could walk 
 upon them, and even horses and chariots be driven 
 over them. (Dion Cass. xlix. 30.) A testudo was 
 formed {jcdudimm facerc) either in battle to ward 
 oif the arrows and other missiles of the enemy, or 
 which was more frequently the case, to form a pro- 
 tection to the soldiers when they advanced to the 
 walls or gates of a town for the purpose of attack- 
 ing them. (Dion Cass. I.e.; Liv. x. 43; Caes. B. 
 G. ii. 6 ; Sail. Jug. 94 ; See cut annexed, taken 
 
 irom the Antonine column.) Sometimes the shields 
 were disposed in such a way as to make the testu- 
 do slo|ie. The soldiers in the first line stood up- 
 rigiit, those in the second stuojied a little, and each 
 line successively was a little lower than the pre- 
 ceding down to the last, where the soldiers rested 
 on one knee. Such a disposition of the shields 
 was called Fastigaiu Trsludo, on account of their 
 slojiing like tlie roof of a building. The advan- 
 tages of this plan were obvi<ms ; the stones and 
 missiles thrown upon the shields rolled off them 
 
 like water from a roof ; besides which, other s 
 diers frequently advanced upon them to attack t 
 enemy upon the vvalls. The Romans were ace 
 tomed to form this kind of testudo, as an exerci; 
 in the games of the Circus. (Liv. xliv. 9; Polj 
 xxviii. 12.) 
 
 TETRADRACHMUM. [Drachma.] 
 TETRARCHESorTETRARCHA(TeTp<£px7! 
 This word was originally used, according to 
 etymological meaning, to signify the governor of t 
 fourth part of a country (reTpapx'-a or TCTpaSapxii 
 We have an example in the ancient division 
 Thessaly into four tetrarchies, which was reviy. 
 by Philip. (Ilarpocrat. s. v. T^Tpapx'a: Stral 
 430 ; Demosth. J'/ii///ip. ii. p. 117 ; Eurip. Jlo: 
 1 154; Thirlwall's Grrca; vi. p. 13, 14.) [TAFO'I 
 Each of the three Gallic tribes which settled 
 Galatia was divided into four tetrarchies, eai 
 ruled by a tetnirch. (Strabo, 5GG-7 ; Plin. //. j 
 V. 42.) This arrangement subsisted till the latt 
 times of the Roman republic (Appian, Mithiid. 4 
 Sip: 50 ; Bdt. Civ. iv. 88), but at last the twel 
 tetrarchs of GaUogi'aecia were reduced to on 
 namely Deiotams. (Liv. Epii. Cic. pro Beii 
 15; Vlirtius, de Bell. Alex. 67 .) Some of the trib 
 of Syria were ruled by tetrarchs, and several of tl 
 princes of the house of Herod ruled in Palestii 
 with this title. (Plin. //. N. v. 16. 19; Josep 
 A/iliij. xiv. 13. § 1 ; xvii. 8. § 1 ; xi. 4. § li 
 xvii. 11, § 1 ; xi. 2. § 1 ; Vit. 11.) Niebu 
 {Hist, of Route, ii. p. 135) remarks that the t 
 trarchs in Syria were zemindars, who occupied tl 
 rank of sovereigns, in the same way as the zemi 
 dars of Bengal succeeded under Lord Cornwall 
 in gettmg themselves recognised as <lepende 
 princes and absolute i)roprietors of the soil. 
 
 In the later period of the republic and under tl 
 empire, the Romans seem to have used the tit 
 (as also those of et/mwch and j>ht/lare/t) to d 
 signate those tributary princes who were not ' 
 sufficient importiince to be called kings. (Compai 
 Lucan, vii. 227 ; Sallust, Catil. 20 ; Cic. j>ro M. 
 28, i« Va/iii.\-2; Herat. Sat. i. 3. 12; Vc 
 Paterc. ii. I ; T^icit. Amial. xv. 25.) [P. S.] 
 TETRO'liOLCS. [Drachma.] 
 TETTAPA'KONTA, 'OI. [Forty, The.] 
 TEXTOR. TEXTRINUM. [Tela, p. 940 
 ©AAAMrxOI, ©AAA'MIOI. [Shh-.s, p. 879 
 ©AAT'2IA, a festival celebrated in honour • 
 Dionysus and Demeter (Menand. Rhet. quoted h 
 Meursius), or according to others of Demeti 
 alone, as it is described by Theocritus in h 
 seventh idj-11, and by the grammarians who wrol 
 the argumenta to the same. It was held in ;mtumi 
 after the harvest, to thank the gods for the benefi 
 they had conferred u])on men. (Spanheim wl Cu 
 limach. hymn, in Cer. 20 and 137 ; Wuatemanu u 
 Tlieocrii. IdiiU. vii. 3.) [L. S.] 
 
 TH ARGE'LI A (bapy-qKia), a festival celebrate 
 at Athens on the (ith and 7th of Thargelion in h( 
 nour of Apollo and Artemis (Etymol. M. ; Suida 
 »•. V. fc)(2p7^Am), or according to the Scholiast c 
 Aristophanes {fji/iii/. 1405) in honour of Helii 
 and the llorae ; the latter statement however 
 in substance the same as the fcmner. The Apoll 
 who was honoured by this festival was the Delia 
 Apollo. (Athen. x. p. 424.) 
 
 The real festival, or the Thargelia in a narrowf 
 sense of the word, apjiears to have taken plat 
 on the 7th, and on the preceding day the cit 
 of Athens or rather its inhabitants were puiitiec 
 
THAKGELIA. 
 
 THEATRUM. 
 
 955 
 
 f It. S'l/iiiji. viii. 1 ; Diog. Laert. ii. 44 ; lliirpn- 
 r. <i>a^^oKrfs.) The manner in wliicli this 
 lion was effected is very extraordinary and 
 Illy a remnant of very ancient rites, tor two 
 were put to death on that day, and the 
 1 on belialf of the men and the other on be- 
 . lit the women of Athens. The name by which 
 I ■ \ ietims were designated was <papfj.aKOi : ac- 
 j to some accounts both of tliem were men, 
 iiding to others the one dying on behalf of 
 . 'inen was a woman and the other a man. 
 ( ■^\ ch, s. r. *apnaKoi'.) On the day when the 
 - I l l' was to be perfonned the victims were led 
 the city to a place ne.'ir the sea, witli the 
 iiiment of a peculiar melody, ctdled KpaSi'rjs 
 . [ihiyed on the flute. (Hesych. s. n.) The 
 1 k of the one who died for the men was sur- 
 ] nilcd with a gtirland of black figs, that of the 
 I u-ith ;i garland of white ones; and while 
 t \ wciv proceeding to the place of their destiny 
 I \ w ere beaten with rods of tig- wood, and figs and 
 I I' things were thrown at them. Cheese, figs, and 
 I r ivere put into their hands that thej- might eat 
 t 111. They were at last burnt on a funeral pile 
 1 ill' lit wild fig-wood, and their ashes were thrown 
 i I the sea and scattered to the winds. (Tzetzes, 
 ( '/. V. 25.) Some writers maintain from a pas- 
 ! ' I'f Ammonius (ile Diffeveut. Vocah. p. 142. ed. 
 ' Irk.) tliat they were tlirown into the seu alive, 
 1 this [lassage leaves the matter uncertain. We 
 i iM t informed whether this e.xpiatorj' and puri- 
 liig Nacritice was oifered regularly every year, 
 i trom the name of the victims ((papfiaKoi) 
 : Wi ll as from the whole account of Tzetzes, 
 ii h is founded on good authorities, it appears 
 I illy probable that this sacrifice only took place 
 : case of a heavy ctilamity having befallen the 
 ly (i/oo-oiiffTjr Trjs woAms), such as the plague, a 
 nine, &.c. ^\'hat persons were chosen as victims 
 ^iith occasions is not mentioned, and we only 
 1 11 trom Suidas (s. r. ^apfxaKoi) tliat they were 
 pt at the public expense (Sriiioala, rpecpSfievoi). 
 t they were in all probability criminals sentenced 
 death, and who were kept by the state from the 
 ue of their condemntition to be sacrificed at the 
 largeUa. In the earlier times however they 
 ■re not criminals, but either cripples (Tzetzes, 
 ■•; Schol. ad ArisUjpli. Ran. 733), or persons 
 1" offered to die voluntarily for the good of their 
 imtry. (Atheu. ix. p. 370 ; Suidas, s. v. Xlap- 
 
 I'Ol.) 
 
 The second day of the Thargelia was solemnized 
 ;ith a procession and an agon which consisted of a 
 Iclic chorus performed by men at the expanse of 
 Ichoragus. (Lysias, de Mmicr. accept, p. 255; 
 "ntiphon, de Ckurcut. c. 1 1 ; Demosth. iit Mid. p. 
 17.) The prize of the victor in tliis agon was a 
 ipod which he had to dedicate in the temple of 
 polio which hiid been built by Pisistratus. (Sui- 
 ts, s.i: Uvdwi/.) On this day it was customary 
 r persons who were adopted into a family to be 
 ilemnly registered and received into the genos 
 id the phratria of the ado|)tive parents. This 
 ileimiity v. as the stmie as that of registering one's 
 vn children at the apaturia. (Isaeus, dc Ajmllml. 
 ■red. c. 15 ; dc Aristarch. liered. c. ii.) [AdoI'TIoN 
 J reek).] 
 
 Respecting the origin of the Thargelia there are 
 vo accounts. According to Isti'us (ajj. Phut. Lex. 
 
 4()7 ; EtymoL M., and Harpocrat. s. v. ^apjMKos) 
 le (papfwiKo'i derived their name from one Phar- 
 
 macus, who having stolen the sacred phials of 
 Apollo and being caught in the act by the men of 
 Achilles, was stoned to death, and this event was 
 connnenionited by the awful sacrifice at the Thar- 
 gelia. Ilelladius (p. 534. 3), on the other hand, 
 states that at first these expiatory sacrifices were 
 offered for the purpose of purifying the city of con- 
 tagious diseases, as the Athenians after the death 
 of the Cretan Androgens were visited by the 
 plague. (See Meursius, Graccia Fci-iula, s. v. 
 QapYqKia : Bode, Oach. der li/rinc/i. Dichlhuiist 
 do- Hclh-H. i. p. 173, &c., where an account is also 
 given of the /cpaSirjs vofx-os.) [L. S.] 
 
 THEA'TRUM {^iarpov). The Athenians be- 
 fore the time of Aeschylus had only a wooden 
 scaifolding on which their dramas were perfonned. 
 Such <i wooden thetitre was only erected for the 
 time of the Dionysiac festivals, and was afterwards 
 pulled down. The first drama that Aeschylus 
 brought upon the .sttige was performed upon such a 
 wooden scaffold, iind it is recorded ;is a singular 
 and ominous coincidence that on that occasion 
 (500 B.C.) the sciitfolding broke down. To pre- 
 vent the recurrence of such an accident the build- 
 ing of a stone theatre was forthwith commenced on 
 the south-eastern descent of the acropolis, in the 
 Lenaea ; for it should be observed that throughout 
 Greece theatres were always built upon eminences, 
 or on the sloping side of a hiU. The new Athenian 
 theatre was built on a very large scale, and appears 
 to have been constructed with great skill in regard 
 to its acoustic and perspective arrangements, but 
 the name of the architect is not known. It is 
 highly probiible that dramas were performed in 
 this new tlieatre as soon as it was practicable, and 
 before it was completely finished, which did not 
 take place till about b. c. 340, unless we adopt the 
 untenable supposition thiit the completion of the 
 Attic theatre at this time refers to a second thea- 
 tre. (Pans. i. 29. § Ki ; Plut. Vit. x. oral. p. 841. 
 c ; 852. c.) During this long interval of forty 
 Olympiads theatres were erected in aU parts of 
 Greece and Asia Minor, although Athens was the 
 centre of the Greek drama and the only place 
 which produced great masterworks in this depart- 
 ment of literature. It should also be borne in 
 mind that theatres are mentioned in sevend parts 
 of Greece where the worship of Dionysus and the 
 drama connected with it did not exist, so that 
 these buUdings were devoted to other public exhi- 
 bitions. Thus at Athens itself there were in later 
 times, besides the theatre in the Leimea, two 
 others, viz. the ' Aypiirirdov and the if\ 'PrjyiAAT] 
 dearpov, which were not destined for dramatic 
 performances, but were only places in which the 
 sophists held their declamations. At Sparta there 
 was a theatre of white marble (Pans. iii. 14. § 1) 
 in which assemblies of the people were held, choral 
 dances performed, and the like (Athen. iv. p. 131) ;. 
 xiv. p. ()31), for the festive joy of Dionysus and 
 the regnhu" drama were foreign to the Spartans. 
 All the theatres however which were constructed 
 in Greece were probtddy built after the model of 
 that of Athens, ;ind with slight deviations and 
 modifictitions they all resembled one another in the 
 main points, as is seen in the numerous rums of 
 theatres in various parts of Greece, Asia Minor, 
 and Sicily. Some of them were of prodigious di- 
 mensions. The thetitre at Epidaurus in the grove 
 of Asclepius, of which considerable ruins are still 
 extant, excelled in beauty the Roman theatres 
 
956 ' THEATRUM. 
 
 THEATRUM. 
 
 (Pans. ii. 27. § 5), and in size even that of Mega- 
 lopolis, which was reckoned the largest theatre in 
 Greece. (Pans. viii. .32. § 1.) The great num- 
 ber of ruins of theatres may enable us to foim 
 an idea of the partiality of the Greeks for such 
 magnificent buildings, and of their gigantic 
 dimensions. The rains of the theatre of Argos 
 enclose a space of 450 feet in diameter ; the thea- 
 tre of Ephesus is even 66'0 feet in diameter. Upon 
 these ruins see the works of Clarke, Dodwell, 
 Leake, Hughes, Arundell, and the Supplement to 
 Stuart's Anliij'iilics o/At/iens. 
 
 The constraction of the Greek theatres has been 
 the subject of nuich discussion and dispute in mo- 
 dern times, and although all the best writers agree 
 
 on the great divisions of which a theatre consis 
 the details are in many cases mere matters of i 
 jecture. The Attic theatre was, like all the Gi 
 theatres, placed in such a manner that the p 
 for the spectators fonued the npper or no 
 western, and the stage with <all that belonged t 
 the south-eastern part, and between these 
 parts lay the orchestra. We shall consider eacl 
 these three divisions separately, together with 
 parts and subdivisions, referring the reader to 
 annexed plan which has been made from the 
 mains of Greek theatres stiU extjvnt, and froD 
 careful examination of the passages in anci 
 writers which describe the whole or parts of a t 
 atre, especially in Vitruvius and PoUux. 
 
 NW 
 
 © O ® O O O Q 
 
 @ © @ ® 
 
 1. The place for the spectators was in a nar- 
 rower sense of the word called 9-4arpov. The scats 
 for the spectators, which were in most cases cut 
 out of the rock, consisted of rows of benches rising 
 one above another ; the rows themselves (a) formed 
 parts (nearly three-fourths) of concentric circles, 
 and were at intervals divided into compartments 
 by one or more broad passages (b) ninning between 
 them and parallel with the benclies. These pas- 
 sages were called Sia^wfiara, or KaraTona't, Lat. 
 praecindioiu'S (Vitrav. v. 3 and 7 ; Bekker, Anco 
 dot. p. 270 ; Pollux, iv. 123 ; Harpocrat. and Suid. 
 s. x\ KaraToju?)), and when the concourse of people 
 was very great in a theatre, many persons might 
 stand in them. One side of such a j)assage fomied 
 towards the upper rows of benches a wall, in which 
 in some theatres, tliough perhaps not at Athens, 
 niches were excavated which contained metal ves- 
 sels (^X^"*) increase the sounds coming from the 
 stage and orchestra. (Vitrav. i. 1 . § 9 ; v. 4 ; 
 Stieglitz, Arvh'dul. der Bauhinst, &c. ii. 1. p. 150.) 
 Across the rows of benches ran stairs, by which 
 persons might ascend from the lowest to the higli- 
 est. But these sUiirs ran in straight lines only 
 
 I 
 
 from one praecinctio to another ; and the stairs 
 the next series of rows were just between the tv 
 stairs of the lower series of benches. By tl 
 course of the stairs the seats were divided into 
 number of compartments resembling cones fro 
 which the tops are cut off ; hence the}' were ten 
 ed K6p/ci6es, and in Latin cmiei. The whole of tl 
 place for the spectators (^earpov) was sometim 
 desigTiated by the name KoiKov, Latin cavcu, it b 
 ing in most cases a real excavation of the roc 
 Above the highest row of benches there rose a c 
 vered portico (c), which of course far exceeded 
 height the opposite buildings by which the sta| 
 was surrounded, and appears to have also contr 
 buted to increase the acoustic effect. (Apulei. Mi 
 iii. p. 49. Bip.) The entrances to the seats of tl 
 spectators were partly underground, and led to tl 
 lowest rows of benches, while the upper rows mui 
 have been accessible from above. (Pollux, iv. \'2'i 
 Athen. xiv. p. 622.) 
 
 2. The orchestra (6pxfl(TTpa) was a circular levi 
 space extending in front of the spectators, an 
 somewhat below the lowest row of benches. I!i 
 I it was not a complete circle, one segment of it hi 
 
THEATRUM. 
 
 THEATRUM. 
 
 957 
 
 i appropriated to the stage. The orchestra was ( 
 t. place for the chorus, where it performed its i 
 e lutions and dances, for whicli purpose it was : 
 ered witli boards. As tlie chorus was the ele- < 
 I it out of wliich the drama arose, so the orches- ( 
 t '.vas originally the most imporfcmt part of a ■ 
 t atio : it formed the centre around which all the ; 
 tjcr parts of the building were grouped. In the 
 c tre of the circle of the orchestra was the dvfiiAri, 
 tit is, the altar of Dionysus (d), which was of 
 (j|Tse nearer to the stage than to the seats of the 
 sjctators, the distance from which was precisely 
 t( length of a radius of the circle. In a wider 
 s.se the orchestra also comprised the broad pas- 
 s es (irdpoSot, e) on each side between the pro- 
 j ting wings of the stage and the seats of the 
 t ctators, through which the chorus entered the 
 ( hestra. The chorus generally arranged itself in 
 t' space between the thymele and the stage. The 
 ifmele itself was of a sejuare form, and was used 
 1 various purposes, according to the nature of the 
 rfferent plays, such as a funeral monument, an 
 iar, &c. It was made of boards and surrounded 
 
 I all sides with steps. It thus stood upon a 
 /^i'(t platform, which was sometimes occupied by 
 
 ■ Irader of the chorus, the flute-player, and the 
 iibdophori. (Miiller, Dissert, on the Eumcn. of 
 .•schyl. p. 249, &c. transl.) The flute-player as 
 [dl as the prompter (ifroSoXds, monitor) were 
 jnerally placed behind the thymele, so as to face 
 le stage and not to be seen by the spectators. 
 I'lut. Rei publ. gerend. pracc. p. iil3 E. ; Ath. xiv. 
 j 631.) The orchestra as well as the ^farpov lay 
 hder the open sky ; a roof is nowhere mentioned. 
 ' 3. The stage. Steps led from each side of the 
 chestra to the • sbige, and by them the chorus 
 obably ascended the stage whenever it took a 
 al part in the action itself. The back side of the 
 jage was closed by a wall called the aKi]vr\ or 
 \ina, from which on each side a wing projected 
 hich was called the irapaaK-Ziviov. The whole 
 ;pth of the stage was not very great, as it only 
 )mprised a segment of the circle of the orchestra, 
 he whole space from the scena to the orchestra 
 as termed the proscenium (irpoffKTjcioy), and was 
 ' hat we should call the real stage. That part of 
 , which was nearest to the orchestra, and where 
 (le actors stood when they spoke was the Koyeiov, 
 [iso called OKplSas or oKp'iSavres, in Latin pulpitum,, 
 "hich was of course raised above the orchestra 
 nd probably on a level with the thyniele. What 
 he vKouicriyiov was is not clear ; some think that 
 
 wa'i a place to which the actors withdrew when 
 liey had acted their parts, others think that it was 
 111' same as the Koviarpa (Suidas, s. v. 'S.K-qvrj); but 
 s it is stated that the vvocTKriviov was adorned 
 vith statues, it seems more probable that it was 
 he wall under the \oyetoy which faced the orches- 
 ra and the spectators. The (TKy]vri or scc7ia was, 
 IS we have already stated, the wall which closed 
 he stage {proscenium and lo</etim) from behind. 
 It represented a suitable background or the locality 
 
 II which the action was going on. Before the play 
 legan, it was covered with a curtain {irapaKeTacTixa, 
 'vpoaK-iji'iov, av\aiai, Latin aulaca or siparium; 
 Etymol. M. s. v. AuArfr : Athen. xiii. p. 587 ; Pol- 
 lux, iv. 122.) When the play began this curtain 
 was let down and was rolled up on a roller under- 
 peath the stage. The proscenium and logeum 
 were never concealed from the spectators. As re- 
 gards the scenery represented on the aKi)vrj, it was 
 
 different for tragedy, comedy, and the satyric dra- 
 ma, and for each of these kinds of poetry the 
 scenery must have been capable of various modifi- 
 cations according to the character of each indivi- 
 dual play ; at least that this was the case with the 
 various tragedies, is evident from the scenes de- 
 scribed in the tragedies still extant. In the latter 
 however the back-ground (o-jctji't;) in most cases 
 represented the front of a palace with a door in the 
 centre (i) which was called the roiiitl door. This 
 palace generally consisted of two stories {ii(myta, 
 Pollux, iv. 129). and upon its flat roof there ap- 
 pears to have been some elevated place from which 
 persons might observe what was going on at a 
 distance. (Eurip. Phoeniss. 88, &c.) The palace 
 presented on each side a projecting wing, each of 
 which had its separate entrance. These wings 
 generally represented the habitations of guests and 
 visitors. All the three doors must have been visi- 
 ble to the spectators. (Vitruv. v. 7.) The prota- 
 gonistes always entered the stage through the mid- 
 dle or royal door, the deuteragonistes and tritago- 
 nistes through those on the right and left wings. 
 In tragedies like the Prometheus, the Persians, 
 Philoctetes, Oedipus in Colonus, and others the 
 back-ground did not represent a palace. There 
 are other pieces again in which the scena must 
 have been changed in the course of the perform- 
 ance, as in the Eumenides of Aeschylus and the 
 Ajax of Sophocles. The dramas of Euripides re- 
 quired a great variety of scenery ; and if in addi- 
 tion to this we recollect that several pieces were 
 played in one day, it is manifest that the mechani- 
 cal parts of stage perfonnance, at least in the days 
 of Euripides, must have been brought to great per- 
 fection. The scena in the Satyric drama appears 
 to have always represented a woody district with 
 hills and grottos ; in comedy the scena represented, 
 at least in later times, the fronts of private dwell- 
 ings or the habitations of slaves. (Vitruv. v. 8. § I ; 
 Pollux, iv. 125.) The art of scene-painting must 
 have been applied long before the time of Sophocles, 
 although Aristotle (Poet. iv. IG) ascribes its intro- 
 ducrion to him. [Painting, p. (;89.] 
 
 The machines in the Greek theatres were ex- 
 tremely numerous, but we are in many cases una- 
 ble to fonn an exact idea of their nature and their 
 effects. We shall only mention the most important 
 among them. 1. The TreplaKToi (m) stood near 
 the two side entrances of the scena; their form 
 was that of a prisma, and by a single turn they 
 produced a change in the scenery. (Vitruv. v. 7 ; 
 Pollux, iv. 12(5.) 2. The x"f"^''«" Kki/xaKes, or 
 the Charonian steps, by which the shades ascended 
 from the lower world upon the stage. (Pollux, iv. 
 132.) 3. The iUTJxoj'tj, KpdSri or ^wp-qixa, a machine 
 by which gods or heroes were represented passing 
 through or floating in the air : hence the proverb, 
 deus ex machina. (Pollux, iv. 126. 128. 131 ; 
 Suidas, s. v. 'Eaprifia : Hesych.s. v. KpaSTj.) 4. The 
 €^«J(TTpa or iKKvicKritia. [See Exostra.] 5. The 
 &eoA.o76io>', an especial elevated place above the 
 scena for the Olympian gods when they had to ap- 
 , pear in their full majesty. (Pollux, iv. 130 ; Phot. 
 Lex. p. 597.) 6. The fipovTewu, a machine for imi- 
 tating thunder. It appears to have been placed 
 underneath tlie stage, and to have consisted of 
 ■ large brazen vessels in which stones were rolled. 
 I (Pollux, iv. 130; Suidas, s. v. BpovTTi : Vitruv. v. 
 
 7.) Respecting several other machines of less im- 
 i portance, see Pollux, iv. irepl ij.4pwv Bedrpov. 
 
958 
 
 THEATRUM. 
 
 THEATRUM. 
 
 It is impossible to enter hci'P upon the diffe- j Roman orcliestni contained no thymele, and w 
 
 rences, which are presented by many ruins of 
 theatres still extant, from the description we have 
 given above. It is onlj' necessary to mention, 
 that in the theatres of the great cities of the 
 Macedonian time the space between the thymele 
 and the logeum was converted into a lower stage, 
 upon which mimes, musicians, and dancers plaj-ed, 
 while the ancient stage (proscenium and logeum) 
 remained destined, as before, for tile actors in the 
 regular drama. This lower stage was sometimes 
 called thjnnele or orchestra. (Miiller, Hist, of 
 Greek Lit. i. p. 299.) 
 
 The Romans must have become acquainted with 
 the theatres of the Italian Greeks at an earlj' 
 period, whence they erected their own theatres in 
 similar positions upon the sides of hills. This is 
 still clear from the ruins of ver_y ancient theatres at 
 Tusculum and Faesulae. (Niebuhr, Ili^t. of Rome, 
 iii. p. 304, &c.) The Romans themselves however 
 did not possess a regular stone theatre until a verj' 
 late period, and although dramatic representations 
 were very popular in earlier times, it appears that 
 a wooden stage was erected when necessary, and 
 was afterwards pulled down again, and the plays 
 of Plautus and Terence were pcrfoniied on such 
 temporary scalfoldings. In the meanwhile many 
 of the iieiglibouring towns of Rome had their stone 
 theatres, as the introduction of Greek customs and 
 manners was less strongly opposed in them than 
 in the city of Rome itself. Wooden theatres, 
 adorned with the most profuse magnificence, were 
 erected at Rome even during the last period of the 
 republic. The first attempt to build a stone theatre 
 was made a short time before the consulship of 
 P. Cornelius Scipio Nasica. It was sanctioned by 
 the censors, and was advancing towards its com- 
 pletion, when Scipio, in 155 B.C., persuaded the 
 senate to command the building to l)e pulled down 
 as injurious to public morality. (Liv. Epit. 48.) 
 Respecting the magnificent wooden theatre which 
 M. Acmilius Scaunis built in his aedileship, 58 B.C., 
 see Pliny H. N. xxxvi. 24. § 7. Its scena consisted 
 of three stories, and the lowest of them was made 
 of white marlde, the middle one of glass, and the 
 upper one of gilt wood. The cavea contained 
 80,000 spectators. (Comp. Plin. II. N. xxxiv. 17.) 
 In 55 B. c. Cn. Pompey built the first stone theatre 
 at Rome near the Campus Mdrtius. It was of 
 
 great beauty, and is said to have been built after I general outline is also given, by Wa 
 the model of that of Mytilene ; it contained 
 40,000 spectators. (Plin. //. A^. xxxvi. 24. § 7 ; 
 compare Drumann, Geseh. Rom's, iv. p. 520, &c.) 
 C. Curio built in 50 B. c. two magnificent wooden 
 theatres close by one another, which might be 
 changed into one amphitheatre. (Plin. //. jV. 
 xxxvi. 24. § 8.) After the time of Pompey, how- 
 ever, other stone theatres were erected, as the 
 theatre of Marcellus, which was built by Augustus 
 and called after his nephew Marcellus (Dion Cass, 
 xliii. 49; Plin. II. N. xxxvi. 12); and that of 
 Balbus (Phn. /.»'.), whence Suetonius [Aug. Ai) 
 uses the expression per trina tlieatra. 
 
 The construction of a Roman theatre resembled, 
 on the whole, that of a Greek one. The principal 
 differences are, that the seats of the spectators, 
 which rose in the form of an amphitheatre around 
 the orchestra, did not form more than a semi- 
 circle ; and that the whole of the orchestra like- 
 wise formed only a semicircle, the diameter of 
 which formed the front line of the stage. The 
 
 not destined for a chorus, but contained the 
 for senators and other distinguished persons, 
 as foreign ambassadors, which are called " prim 
 suhsclliorum ordo." In the year fi8 b. r. the t 
 bune L. Roscius Otho carried a law which reg 
 lated the places in the tlieatre to be occupied by t 
 different classes of Roman citizens : it enacted tli 
 fourteen ordines of benches were to be assigned 
 seats to the equites. (Liv. Epit. 99 ; Ascon. 
 Cornel, p. 78. ed. Orelli.) Hence these quatut 
 decim ordines are sometimes mentioned witho 
 any further addition as the honorary seats of tl 
 equites. They were undoubtedly close behind tl 
 seats of the senators and magistrates, and thus co 
 sisted of the rows of Ijcnches immediately behin 
 the orchestra. Velleius (ii. 32) and Cicero {p 
 Muren. 19) speak of this law in a manner to le; 
 us to infer that it only restored to the equites 
 right which they had possessed before. Anothi 
 part of this law was that spendthrifts and persoi 
 reduced in their circumstances (rfecoc/fw-es), whethi 
 through their own fault or not, and whether the 
 belonged to the senatorian or equestrian orde 
 should no longer occupy the seats assigned to the 
 order, but occupy a separate place set apart for then 
 (Cic. Philip, ii. 18.) In the reign of Augustus th 
 senate made a decree, that foreign ambassadoi 
 should no longer enjoy the privilege nientione 
 above, as it had sometimes happened that freedme 
 were sent to Rome as ambassadors. The soldiers ah 
 were separated from the people by the same decree 
 the same was the case with women, praetextati an 
 paedagogi. (Suet. ^^/^r. 44.) This separation coi 
 sisted probably in one or more cunei being assigne 
 to a particular class of persons. The woodcut o 
 the following page contains a probable represent! 
 tion of the plan of a Roman theatre. 
 
 For a fuller account of the construction ( 
 Greek and Roman theatres see the commentatoi 
 on Vitmvius (/. <■.), J. Chr. Genelli, das Tlicatt 
 zu Athen, hinsiditlich auf Architeetiir, Scenerk' un 
 DarsteJIunys Kunst iibcrliaupt, Berlin, 1818, 8vo. 
 G. C. W. Schneider, Das AUise/ie Tlieateru-esen 
 ziim bessern Vurstehcn der Griech. Dramatiher 
 Stieglitz, Arehai)loi/ie der Haukunst der Griecl 
 u. Homer, ii. 1 ; g. Ferrara, Sturia e descrip. dt 
 priiuip. teatri ant. e nioderni, Miiano, 1830 
 the Supplement to Stuart's Antup of Athens, i 
 
 Ilist.c 
 
 Gr. Lit. i. p. 299, &c. ; and by Rode, Gesch. de 
 dramat. Diehtkunst d. Ilellen. i. p. 156, &c. 
 
 It remains to speak of a few points respcctin] 
 the attendance in the Greek theatres. Theatrica 
 representations at Athens began early in the morn 
 ing, or after breakfast (Aeschiu. e. Ctesiph. p. 466 
 Athen. xi. p. 464) ; and when the concourse o 
 people was expected to be great, persons would evei 
 go to occupy their seats in the night. The sui 
 could not be very troublesome to the actors, ai 
 they were in a great measure protected by thi 
 buildings surrounding the stage, and the spectator 
 protected themselves against it by hats with broa( 
 brims. (Suidas, s. rw. IleTafros and ApaKuy. 
 When the weather was fine, especially at thi 
 Dionj'siac festivals in spring, the people appearec 
 with garlands on their heads ; when it was cold 
 as at the Lenaea in Januarj-, they used to wra{ 
 themselves up in their cloaks. (Suidas, 1. c. 
 When a storm or a shower of rain came on sud- 
 denly, the spectators took refuge in the porticoes 
 
THEATRUM. 
 
 THENSAE. 
 
 050 
 
 hind the stage, or in those above the uppermost 
 w of benches. Those who wished to sit com- 
 ptably brought cushions with them. (Aeschin. 
 Ctesiph. I. c; Theophr. Cliar. 2.) As it was not 
 lusual for the theatrical perfoimanccs to last from 
 n to twelve hours, the spectators required re- 
 ;shments, and we find that in the intervals be- 
 reen the several plays, they used to take wine 
 id cakes. (Athen. xi. p. 464 ; Aristot. Eth. 
 ieom. X. 5.) 
 
 The whole of the cavea in the Attic theatre 
 ust have contained about 50,000 spectators. The 
 afies for generals, the archons, priests, foreign 
 obassadors, and other distinguished persons, were 
 the lowest rows of benches, and nearest to the 
 chestra (Pollux, iv. ; viii. 133; Schol. ml 
 ristoph. E<iuit. 572), and they appear to have 
 en sometimes covered with a sort of canopy. 
 Aeschin. I. c.) The rows of benches above these 
 ere occupied by the senate of 500, those next in 
 iccession by the ephebi, and the rest by the 
 iople of Athens. But it would seem that they 
 d not sit indiscriminately, but that the better 
 aces were let at a higher price than the others, 
 id that no one had a right to take a place for 
 hich he had not paid. (Plat. Apoiog. p. 26 ; 
 .elian. V. H. ii. 13 ; Demosth. in Mid. p. 572.) 
 he question, whether in Greece, and more especi- 
 ,ly at Athens, women were present at the per- 
 rmance of tragedies, is one of those which have 
 yen rise to much discussion among modern scho- 
 rs, as we have scarcely any passage in ancient 
 Titers in which the presence of women is stated 
 a positive fact. But Jacobs ( Vcrmischt. Schriften, 
 ■ p. 272), and Passow (in Zimmermann's Zeitsdir. 
 ir die Altciih. 1837. n. 29), have placed it almost 
 5yond doubt, from the various allusions made by 
 icient writers, that women were allowed to be 
 ■esent during the performance of tragedies. This 
 liJlion is now perfectly confirmed by a passage in 
 thenaeus (xii. p. 534), which has been quoted 
 |r Becker (Cliurikles, ii. p. 560), in corroboration 
 
 of the conclusion to which the above-mentioned 
 writers had come. In this passage we find that at 
 Athens, and at tlio time of the Peloponnesian war, 
 the spectators in the theatre consisted of men and 
 women. We have, however, on the other hand, 
 every reason to believe that women were not 
 present at comedies, while boys might be present 
 both at tragedy and comedy. (Theoph. Cliamct. 
 9 ; Isaeus, de Ciron. kered, p. 206 ; Aristoph. 
 Nub. 537, &c. : Lucian, de Gi/mnast. 22.) The 
 seats which women occupied in the Greek theatres 
 appear to have been separated from those of the 
 men. (Gottling, in the lilmnisch. Miis. 1834. 
 p. 103, &c.) 
 
 For the purpose of maintaining order and pre- 
 venting excesses, the ancients had a sort of theatre- 
 police ; the persons wlio held this oflice were called 
 in Greece pa€So(f>6poi or paSSovx"', and at Rome 
 Praecones. (Schol. ad Aristoph. Pax 718.) 
 
 Respecting the attendance at the Greek theatres, 
 and the conduct of the people, see a very good dis- 
 sertation of Becker, in his Cliurikles., ii. p. 249- 
 278. [L. S.] 
 
 0H"KAI. [FuNUs, p. 436.] 
 
 THENSAE or TENSAE (for the orthography 
 and etymology of the word are alike doubtful, al- 
 though the oldest MSS. generally omit the aspirate) 
 were highly ornamented sacred vehicles, which, in 
 the solemn pomp of the Circensian games, conveyed 
 the statues of certain deities with all their decora- 
 tions to the pulvinaria, and after the sports were 
 over bore them back to their shrines. (Cic. iii Verr. 
 ii. 1. 59, and note of Pseudo-Ascon. iii. 27 ; v. 72 ; 
 Serv. art. Virg.Aen. i. 21 ; Festus, s. v.; Diomedes, 
 i. p. 372. ed. Putsch. ; Dion Cass, xlvii. 40 ; 
 Tertull. de Sped. 7.) We ai'e ignorant of their 
 precise form ; for although we find several re- 
 presentations upon ancient medals and other 
 works of ai't, of gods seated in cars, and espe- 
 cially of the sun-chariot of Elagabalus (Herodian. 
 V. 6 ; see Vaillant, Nnmisnuda Imp. tom. ii. p. 
 260 ; Ginzrot, Die W'dycn und Fahru-erke, &c. 
 
960 
 
 THENSAE. 
 
 SEnPIKA'. 
 
 tab. xlii. fig. G) ; yet we have no means of deciding 
 which, if any, of these are tensae. We know that 
 they were drawn by horses (Pint. Coriolan. 25. who 
 calls them ^riaaas), and escorted {deduaire) by the 
 chief senators in robes of state, who, along with 
 pueri patrimi [Patrimi], laid hold of the bridles 
 and graces, or perhaps assisted to drag the carriage 
 (for ducere is used as well as dcdiicere, Liv. v. 41), 
 by means of thongs attached for the purpose (and 
 hence the proposed derivation from iendo). So sacred 
 was this duty considered, that Augustus, when la- 
 bouring under sickness, deemed it necessary to ac- 
 company the tensae in a litter. If one of the horses 
 knocked up or the driver took the reins in his left 
 hand, it was necessary to recommence the proces- 
 sion, and for one of the attendant boys to let go 
 the thong or to stumble was profanation. (Liv. v. 
 4 1 ; Plut. /. c. ; Ascon. 1. c. ; Arnob. adv. gent. iv. 31 ; 
 compared with the oration dc Harmp. resp. 11 ; 
 Tertull. dc cor. mil. 13. and de Spectac. 7 ; Suet. 
 Oduv. 43.) 
 
 The only gods distinctly named as carried in 
 tensae are Jupiter and Minerva (Suet. Vefpas. 5 ; 
 Dion. Cass, xlvii. 40; 1.8; Ixvi. 1), to which 
 number Mars is usually added on the autho- 
 rity of Dion Cassias (Lxxviii. 8), but, in the pas- 
 sage referred to, he merely states, that at the Cir- 
 censian games celebrated a.d. 216, the statue of 
 Mars, wliich was in the procession (iro,uire?oi'), fell 
 down, and it is very remarkable that Dionysius 
 (vii. 72), in his minute description of the Pompa 
 Circensis, takes no notice whatever of the Tensae, 
 but represents the statues of the gods as carried on 
 men's shoulders, i. e. on fcrcula. That a consider- 
 able number of deities however received this 
 honour seems probable from the expression of 
 Cicero, in his solemn appeal at the close of the 
 last Verrine oration, " omnesque dii, qui vehiculis 
 tensarum solemnes coetus ludorum initis ;" though 
 we cannot detennine who these gods were. We 
 frequently hear indeed of the chariot of Juno 
 (Virg. Gcory, iii. 531), of Cybele (^Acn. vi. 784), 
 and many others, but as these are not mentioned 
 in connexion with the Pompa Circensis, there is no 
 evidence that they were tensae. Among the im- 
 pious flatteries heaped on Caesar, it was decreed 
 tliat his ivory statue should accompany the images 
 of the gods to the circus in a complete chariot 
 (apua oKof, that is, a tetim, in opposition to a mere 
 Jhridiim), and tliat this chariot should stand in the 
 Capitol innnediately opposite to that of Jupiter. 
 (Dion Cass, xliii. 15. 21. 45 ; xliv. 6.) 
 
 Similar hom;ige was paid upon high festivals to 
 the images of their gods by other ancient nations. 
 Thus, in the curious ceremonies performed at 
 Papremis connected with the worship of the 
 Egyptian deity, whom Herodotus (ii. 63) imagined 
 to lie identical with Ares, the statue, enshrined in 
 a chapel made of gilded wood, was dragged in a 
 four-wheeled car by a body of priests. So also,' 
 in the account given by Athenaeus (v. c. 27, &c.), 
 after Callixenes of Rhodes, of the goigeous pageant 
 at Alexandria, during the reign of Ptolemy Phila- 
 delphus, we read of a car of Bacchus of prodigious 
 size, most costly materials, and most elaborate 
 workmanship, which was dragged by 180 men, 
 and to such customs we may find a parallel in 
 modem times in the usages which prevail at the 
 festival of S. Agatha at Catania, and S. Rosolia at 
 Palermo. 
 
 (Scheffer dr re rrjiifidari, c. 24 ; Oinzrot, Die | 
 
 W'dpen uiid Faliruvrke dcr Grieclicn und R6m 
 c. 55 ; but the latter author, both here and el 
 where, allows. his imagination to carry him fartl 
 than his authorities warrant.) 
 
 THEODOSIA'NUS CODEX. [Codex Thi 
 
 DOSIANUS.] 
 
 0EO<I>A'NIA, a festival celebrated at Delphi, 
 the occasion of which the Delphians filled the hu 
 silver crater which had been presented to t 
 Delphic god by Croesus. (Herod, i. 51.) Valckens 
 on Herodotus {I. c.) thought that the reading w 
 corrupt, and that 06o|ei'io should be read, as tl 
 festival is well known to have been celebrated 1 
 the Delphians. (Plut. de. his qui sero a 7m111.p1, 
 p. 557. F ; Polemon, ap. Ailien. ix. p. 372.) B 
 both festivals are mentioned together by Polli 
 (i. 34), and Philostratus ( Vit. Apollou. iv. 31). 1 
 agon called theoxenia was also celebrated at Pelle 
 in Achaia in honour of Hermes and Apollo. (Scb 
 ad Find. Ol. vii. 156 ; ix. 146.) But no partic 
 lars of any of these festivals are known. 
 
 [L. S.] 
 
 ©Enpi'A. [©Enpoi'.] 
 
 0EnPIKA'. Under this name at Athens we 
 comprised the monies expended on festivals, saci 
 fices, and public entertainments of various kind: 
 and also monies distributed among the people 
 tlie shape of largesses from the state. 
 
 There were, according to Xenophon, more fesi 
 vals at Athens than in all the rest of Greece. (1 
 re]}. Alh. iii. 8.) Besides those which were opc 
 to the whole body of the people, there were raai 
 confined to the members of each tribe, deme, ar 
 house. These last were provided for out of tl 
 private funds of the community who cclebrat( 
 them. At the most important of the public fesl 
 vals, such as the Dionysia, Panathenaea, Eleusini 
 ThargeUa, and some others, there were not on 
 sacrifices, but processions, theatrical exhibition 
 g3Tiinastic contests, and games, celebrated wii 
 great splendour and at a great expense. A porti( 
 of the expense was defrayed by the individual 
 upon whom the burden of KetTovpy'ia devolvec 
 but a considerable, and perhaps the larger, pa 
 was defrayed by the public treasury. Demo 
 thenes complains, that more money was spent on 
 single Paiiathenaic or Dionj-siac festival than onai 
 military expedition. {Philip, i. 50.) Tlie re: 
 gious embassies to Delos and other places, aii 
 especially those to the Olympian, Nemean, Isti 
 mian, and Pj'thian games, drew largely upon tb 
 public exchequer, though a part of the cost ft 
 upon the wealthier citizens who conducted ther 
 (Schtimann, Ant.jiir.puhl. Gr. 305.) 
 
 The largesses distributed among the people hf 
 their origin at an early period, and in a measii: 
 apparently harmless, though from a small begii 
 ning they afterwards rose to a height most ii 
 jurious to the commonwealth. The Attic dran 
 used to be perfomed in a wooden theatre, and tl: 
 entrance was free to all citizens who chose to g' 
 It was found, however, that the crushing to get i 
 led to much confusion and even danger. On 01 
 occasion, about i). c. 500, the scattblding whic 
 supported the roof fell in, and caused great alani 
 It was then detennined that the entrance shoul 
 no longer be gratuitous. The fee for a place w£ 
 fixed at two obols, which was paid to the lessee ( 
 the theatre, (called dfarpavris, ^faTpoirwKrii, ( 
 apX'"''^''''''^''?) who undertook to keep it in repai 
 and constantly ready for use, on condition of bein 
 
©EnPIKA'. 
 
 THERAPEUTICA. 
 
 961 
 
 owed to receive the profits. This payment con- 
 |iued to be exacted after the stone theatre was 
 f'ilt. Pericles, to relieve the poorer classes, 
 ssed a law which enabled them to receive the 
 .CO of admission from the state; after which all 
 3se citizens who were too poor to pay for their 
 ices applied for the money in the public assembly, 
 Mich was then frequently held in the theatre, 
 ichomann. Id. 219.) In process of time this 
 ''nation was extended to other entertainments be- 
 ' es theatrical ones ; the sum of two oboli being 
 ■en to each citizen who attended ; if the festival 
 ti ll two days, four oboli ; and if three, six oboli ; 
 1 not beyond. Hence all theoric largesses re- 
 
 • veil the name of SLwSeKta. The sums thus 
 : '11 varied at different times, and of course de- 
 
 iilnl on the state of the public exchequer. 
 iM' distributions of money, like those of grain 
 I Hour, were called Siavoixa'i, or SiaSSaeis. 
 ' ry were often made at the Dionysia, when the 
 i ii'^ were present, and saw the surplus of their 
 Hit.' distributed from the orchestra. The appe- 
 ■ "f the people for largesses grew by encourage- 
 ^timulated from time to time by designing 
 l;ucs ; and in the time of Demosthenes 
 •I rm not to have been confined to the poorer 
 I >M's. (jP/iiY;/). iv. 141.) Bockh calculates that 
 I 111 'lr> to 30 talents were spent upon them annu- 
 : ^ . (Staatsh. der Athen. i. 241.) 
 >(i Itirge an expenditure of the public funds 
 >n shows and amusements absorbed the re- 
 iirrs, which were demanded for services of a 
 ' II' important nature. By the ancient law the 
 'lie surplus of the annual revenue which re- 
 iiu'il after the expense of the civil administra- 
 ni (to nep'wi/Ta xpiijuara T-rj^ SioiK'^CTfat) was to 
 I carried to the military fund, and applied to the 
 itence of the commonwealth. Since the time of 
 .'rides various demagogues had sprung up, who 
 ihiced the people to divert all that could be 
 in il from the other branches of civil cxpendi- 
 
 i ' into the Theoric fund, which at length swal- 
 ' il up the whole surplus, and the supplies 
 ilril for the purpose of war or defence were 
 
 1 t i depend upon the extraordinary contribu- 
 1 lis. iir property-:ax ((l(r<popai). An attempt was 
 I lie hy the demagogue Eubulus, of whom Theo- 
 Ju|ius says, that rds trpocrdSovs KaTa/aaBocpopwv 
 i'T€A.ei, (Athenaeus, iv. 166,) to perpetuate this 
 1 -tern. He passed a law, which made it a capital 
 I ni l' to propose that the Theoric fund should be 
 ; jlied to military service. In B. c. 353 ApoUo- 
 I'us carried a decree empowering the people to 
 
 • ermine whether the surplus revenue might bo 
 ; )lied to the purpose of war ; for which he was in- 
 I ted by a ypcupri ■rrapai'6/j.wi', convicted and fined ; 
 .■ 1 the decree was annulled, as a matter of course. 
 
 ii niosth. c. Neacr. 134G-1348.) The law of 
 . Inilus was a source of great embarrassment to 
 ] mosthenes, in the prosecutions of his schemes 
 1 the national defence ; and he seems at last, but 
 1 c before B. c. 339, to have succeeded in repeal- 
 ! ; it. (Harpocr. and Suidas, s. v. BewpiKci and 
 ]SovKos: Bockh. Id. i. 232-240 ; Schcimann, Id. 
 
 • 7.) 
 
 In the earlier times there was no person, or 
 hrd of persons, expressly appointed to manage 
 1' Theoric fund. The money thus appropriated 
 ■ s disbursed by the Hellenotamiae. After the an- 
 : hy, the largess system having been restored by 
 
 yrrhius, a board of managers was appointed. 
 
 who are called apx'i '''V ■S^fwpiv^, ot irrl to 
 decDpiKoy nrayiii^voi or (cex^ipoToi'rjftecoi, Sewpijcrj 
 dpx>ii &c. They were elected by show of hands 
 at the period of the great Dionysia, one from each 
 tribe. In the time of Eubulus many other branches 
 of the administration were placed under the control 
 of this board ; as the management of the civil ex- 
 penditure, the office of the Apodectae, the building 
 of docks, arsenals, streets, &c. This was dictated 
 by an anxiety on the part of the people that no 
 part of the revenue should be improperly diverted 
 from the Theoric fund, which they thought would 
 be prevented by increasing the powers of its ma- 
 nagers. But these extraordinary powers appear 
 not to have been of long continuance. (Aeschin. 
 c. aesip/i. 57. ed Steph. ; Biickh, Id. i. 193-197 ; 
 Schomann, Id. 320 ; Wachsmuth, Helk?i. Alt. ii. 
 i. 124-127.) [C. R. K.] 
 
 ©EnPOl' were persons sent on special missions 
 I (B^eapiai) to perfonn some religious duty, as to con- 
 sult an oracle, or to offer a sacrifice, on behalf of the 
 state. It is thus explained by the grammarians : 
 &607rpo7roi, 7) o't Beu>iJ,evoi, rj ol (ppoVT'itovTes vepl 
 Tol ^eia" 01 eis ^v(TLav TrefiTTOfiivoi Kol eopras Kal 
 iravt)yiptis Kol xpVTi/jpia. ( Harpocr. Suidas and 
 Hesych. s. v. Seapoi : compare Pollux, ii. 5.5 ; 
 Sophocl. Oedip. Tijr. 114.) There were in some 
 of the Dorian states, as the Aeginetans, Troezeni- 
 ans, Messenians, and Mantineans, official priests 
 called S-iwpol, whose duty it was to consult oracles, 
 interpret the responses, &c., as among the Spartans 
 there were men called Pythii, chosen by the kings 
 to consult the oracle at Delphi. (Schomann, A>d. 
 jur. pull. Gr. 130. 395.) At Athens there were 
 no official persons called 9-(upoi, but the name was 
 given to those citizens who were appointed from 
 time to time to conduct religious embassies to 
 various places ; of whicli the most important 
 were those that were sent to the Olymjiian, 
 Pythian, Nemean, and Isthmian games, those 
 that went to consult the God at Delphi, and those 
 that led the solemn procession to Delos, where the 
 Athenians established a quadriennial festival, in 
 revival of the ancient Ionian one, of which Homer 
 speaks. (Thucyd. iii. 104.) The expense of these 
 embassies was defrayed partly by the state and 
 partly by wealthy citizens, to whom the manage- 
 ment of them was entrusted, called apx'^^'<'P'"» 
 chiefs of the embassy. This was a sort of 
 K^novpy'ia, and frequently a very costly one ; as 
 the chief conductor represented the state, and was 
 expected to appear with a suitable degree of 
 splendour ; for instance, to wear a golden crown, 
 to drive into the city with a handsome chariot, 
 retinue, &c. Nicias, who was very rich, is re- 
 ported to have incurred great expenses on his 
 embassy to Delos, beyond what was required of 
 him ; and Alcibiades astonished all the spectators 
 at Olympia by the magnificence of his horses, 
 chariots, &.C., and the profnseness of his expenditure. 
 (Bockh, Staats/i. der Atlwn. i. 230; Thirlwall, 
 Hist, of Greece, iii. p. 217. p. 330.) [Deli.\.] 
 
 The Salaminian, or Delian, ship was also called 
 ^ittipi% va\)%, and was principally used for convey- 
 ing embassies to Delos, though, like the Paralus, 
 it was employed on other expeditions besides. 
 (Suidas, c. ; Bockh, Id. i. 258.) [C. R. K.] 
 
 ©EOHE'NIA. [©EO't'A'NIA.] 
 
 THERAPEU'TICA (to acpoTreuTi/foV), one of 
 the five branches into which, according to some 
 authors, the whole art and science of Medicine 
 
 3 (J 
 
962 THERAPEUTICA. 
 
 THERAPEUTICA. 
 
 was divided among the ancients. (Pseudo-Gal. 
 Defin. Med. c. 11. torn. xix. p. 351 ; Id. Infrod. 
 c. 7. torn. xiv. p. 689.) It was defined to be that 
 branch which was conversant with the healing of 
 disease, or recalling and restoring ruined health 
 {Defin. Med. I. c), and was subdivided into three 
 parts, Di.\ETETicA, Chirurgia, Pharmaceutica 
 (Ititrod. I. c. etc. 8. p. 694). From the incidental 
 mention that is made by Homer and the old 
 Greek writers of the nature of the remedies that 
 were employed by medical practitioners in the 
 earliest times, it would appear that tlieir practice 
 was principally surgical, and almost confined to the 
 treatment of wounds ; and that, with respect to in- 
 ternal diseases, these were for the most part con- 
 ceived to be the immediate infliction of the Deity, 
 and therefore abandoned as incurable, or at least 
 were to be obviated only by charms and incanta- 
 tions, and that the arts of magic formed no incon- 
 siderable part even of their surgical practice. (Hom. 
 II. xi. 636, (Slc. ; Od. xix. 456, &c. ; see Gal. de 
 Homerica Medicatione, torn. x. p. 573. ed. Chart., 
 et ap. Alex. Trail, de Re Med. lib. ix. cap. 4.) 
 
 From the mode in which Hippocrates speaks of 
 certain practices, such as bleeding, and the admini- 
 stration of emetics, purgatives, and other analogous 
 medicinal agents, we may infer that they were in 
 common use among his contemporaries, and probably 
 had been so for a long time before him. The great 
 principle which directed all his indications was the 
 supposed operation of nature in superintending and 
 regulating all the actions of the system. The chief 
 business of the physician, in the opinion of Hippo- 
 crates, was to watch these operations, to promote or 
 suppress them according to circumstances, and per- 
 haps, in some rare cases, to attempt to counteract them. 
 The tendency of this mode of practice woidd be 
 to produce extreme caution, or rather inertness, on 
 the part of the practitioner ; and accordingly we 
 find that Hippocrates seldom attempted to cut 
 short any morbid action, or to remove it by any 
 decisive or vigorous treatment. Another principle 
 which very materially affected his practice was 
 the doctrine of critical evacuations. As diseases 
 were supposed to originate in the prevalence of 
 some morbid humour, so, when they are suffered to 
 run their course without interruption, they are 
 relieved by the discharge of the humour ; and con- 
 sequently the promotion of this discharge becomes 
 an important indication, which it is often eas}- to 
 accomplish, and which proves very effectual. Hence 
 an important part of his practice consisted in pro- 
 ducing evacuations of various kinds, and especially 
 by the employment of purgatives, of which he used a 
 great variety, and administered them with great 
 freedom. With the same intention he prescribed 
 diuretics and sudorifics ; he drew blood both by 
 the lancet and the scarificator ; he applied the 
 cupping-glasses ; he administered injections, and 
 inserted issues. He made very frequent use of 
 external applications, such as ointments, plaisters, 
 liniments, &c., and was familiarly acquainted with 
 the effects of external temperature. The disputes 
 of the DoGMATici and Emmrici do not appear to 
 have had so much influence on their mode of prac- 
 tice as we might have expected ; and, indeed, 
 whatever may have been the professed plan of the 
 supporters of the two sects, we shall always find 
 that the practice of the most eminent of either 
 party actually proceeded upon a judicious combina- 
 tion of the two systems. 
 
 Celsus, the next physician of sufficient impo 
 ance to require to be noticed here, adopted tc 
 certain extent the Hippocratic method of observ' 
 and watching over the operations of nature, a 
 regulating rather than opposing them ; a metl 
 which with respect to acute diseases (as was hin 
 above) may frequently appear inert. But th 
 are occasions on which he displays considerable 
 j cision and boldness, and particularly in the use 
 j the lancet, which he employed with more freed 
 ! than any of his predecessors. His regulations 
 I the employment of blood-letting and of purgati 
 are laid down with minuteness and precision ; £ 
 although he was in some measure led astray by 
 hypothesis of the crudity and concoction of 
 humours, the rules which he prescribed were 
 very dift'erent from those which were generf 
 adopted in the commencement of the present c 
 I tur}'. His description of the s^^nptoms of fc 
 and of the different varieties which it assun 
 either from the nature of the epidemic, or from 
 circumstances under which it takes place, are ( 
 j rect and judicious ; his practice was founded U| 
 the principle before referred to, of watching 
 operations of nature, conceiving that fever cons: 
 essentially in an effort of the constitution to thi 
 off some morbid cause, and that, if not unduly ■ 
 terfered with, the process would terminate ii 
 state of health. 
 
 Aretaeus also in his practice followed, for 
 most part, the method of Hippocrates, but he p 
 less attention to what have been styled the nati 
 actions of the system ; and, contrary to tlie pi 
 tice of the Father of Medicine, he did not hesit 
 to attempt to counteract them when they appea 
 to him to be injurious. The account which 
 gives of his treatment of various diseases indica 
 a simple and sagacious system, and one of m 
 energy than that of the professed Methodic!. T 
 he more freely administered active purgatives ; 
 did not object to narcotics ; he was much 
 averse to bleeding ; and upon the whole his mati 
 medica was both ample and efficient. It may 
 asserted generally (says Dr. Bostock), that tl 
 are few of the ancient physicians since the tim( 
 Hippocrates, who appear to have been less bias 
 by attachment to any peculiar set of opinions, ; 
 whose account of the jihenomena and treatmeii 
 disease has better stood the test of subsequent 
 perience. 
 
 The most famous physician of antiquity 
 Hippocrates was Galen, who is also the last t 
 can here be noticed. His practice in its gen' 
 character appears to have been similar to his pa' 
 logy (which depended on the four elements, 
 four humours, and the four qualities, connectt 
 all the variety of combinations), and indeci 
 have been strictly deduced from it. His ind 
 tions were in exact conformity to his theory, 
 the operation of medicines was reduced to t 
 power of correcting the morbid states of the fli 
 as depending upon their four primary qualitic 
 the various modifications of them. Many par; 
 his writings prove that he was a diligent obsei 
 of the phenomena of disease, and he possessed 
 acuteness of mind which well adapted him 
 seizing the most prominent features of a case, 
 tracing out the origin of the morbid affection, 
 his predilection for theory too frequently war 
 and biassed his judgment, so that he appears ii 
 anxious to reconcile his practice to his hj'poth 
 
THERAPEUTICA. 
 
 THERIACA. 
 
 I .n to his facts, and bestows miieli more labour on 
 ibtile and refined reasoning, tlian on tlie investi- 
 jiion of morbid actions, or the generalization of 
 
 II actual experience. (Bostock's Hist, of Med.) 
 'For the use of Gjinnastics, whicli fomicd an ira- 
 J'tant part of the ancient sj'stem of therapeutics, 
 f! reader must consult the article on that subject. 
 
 SYMNASIUM, p. 4G4.] The subject of charms or 
 ulets has been before alluded to, and this 
 ficle would be incomplete without some farther 
 1 ice of that very singular mode of cure. The in- 
 duces that are to be found in the works of ancient 
 ^' hors (particularly Cato and Pliny,) are very 
 ijinerous, and the famous Abracadabra occurs for 
 i first time in Serenus Samonicus. (De Medic. 
 (Jj. 52. V. 944. sq.) This amulet was particularly 
 I ommended for the cure of the species of inter- 
 j:tent fever called by tlie Greeks rnxirpnaios (or 
 I the modems double-tertian), and is described by 
 
 as follows : — • 
 "inscribis chartae, quod dicitur Abr.\cadabra, 
 lepius: et subter repetis, sed detrahe summae. 
 It magis atque magis desint elementa figuris 
 r.ngula, quae semper rapies, et cetera figes, 
 I'onec in angustum redigatur litera conum. 
 lis lino nexis collum redimire memento." 
 ' us forming an equilateral triangle in this man- 
 
 ABRACADABRA 
 ABRACADABR 
 ABRACADAB 
 ABRACADA 
 A B R A C A D 
 
 IA B R A C A 
 A B R A C 
 A B R A 
 A B R 
 A B 
 
 For further information respecting this magical 
 rd, see Du Cange, Glossar. Med. et Inf. Latin, 
 f Paris 1840 ; Hofmann, Lex. Univ. ; Sprengel, 
 i-/. '/(■ Ja Med. tom. ii. p. 147 ; C. Steph. Diet. 
 
 etc. p. 8. edit. N. Lloyd ; Ger. Jo. Voss. 
 ' . t. 5. p. 24. 
 
 One or two examples of this folly may be given 
 Jm Alexander Trallianus, especially as it is sur- 
 Jsing that an author, who displays so much 
 . Igment in other matters, should show so much 
 ~ akness in this. For Epilepsy he recommends a 
 j ce of an old sail-cloth, taken from a shipwrecked 
 ■•isel, to be tied to the right arm for seven weeks 
 (de Re Med..\{h.\. cap.20. p. 30. ed.Goup.); 
 i the Colic he orders the heart of a lark to be 
 Uened to the left thigh (ibid. lib. vi. cap. 6. p. 
 
 5) ; for a Quartan Ague a few hairs taken from 
 ■ ;nat's chin are to be carried about (ibid. lib. x. 
 ' 'i. p. 241): several other equally ridiculous 
 
 ;:iii<-cs might be given. By way of excuse he 
 •nil-, us that in his time many persons, particu- 
 
 ly tlx? rich, were very averse to medicine, and 
 
 uld by no means be persuaded to persist in a 
 Joper method ; which forced them, he says, to 
 Ive recourse to amulets, and such things as were 
 lidly imagined to effect a cure in a more expedi- 
 lus manner (ibid. lib. viii. cap. 7. 10. p. IGS. 198). 
 
 .mulkti;m.] 
 
 The following is probably a complete list of the 
 ancient treatises that remain on the subject of The- 
 rapeutics : — Hippocrates, 'ETriST/^iu'aii' Bi§Aia"EirTC!, 
 De Morbis Popularibui;, lib. vii., of which the first 
 and third books are considered as undoubtedly 
 genuine, the second, fourth, and sixth as doubtful, 
 and the fifth and seventh as certainly spurious ; 
 Id. ' hipofnafioi, Ap/uirismi, considered so certainly 
 genuine that Stephanas Atheniensis says (ap. Dietz, 
 Srho/. in Hippocr.et Gal. tom. ii. p. 239) they were 
 the touchstone by which to try the authenticity of 
 the other works that go under the name of Hippo- 
 crates ; Id. riepl ^ap/xoiKuv, De lieimdiis Puryanti- 
 bus, a spurious work, (see Choidant, Handh. der 
 Bucherkunde fur die Aeltere Mediein, 8vo. Leipzig 
 1841). Aretaeus, Ilepl e^panelas 'O^ew Kai 
 Xpovluv TlaSwv, De Curatione Acutorum et Dintiir- 
 norum Morljorum, in four books. Galen, Tex''') 
 'larpiKrj, Ars Medica ; Id. QipairevTiKri M60oSoi, 
 Methodus Medendi ; Id. To irpor TKavKoiva ©epaTreu- 
 TiKB, Ad Glauconein de Medendi Mctliodu ; Id. IIcpl 
 ^KeSoTOfiias vpos 'EpaalffTpaTov, De Venanxectione 
 adversiis Erasistratum ; Id. Hep! ^X^SoTOfiias irpos 
 'EpaauTTpaTeiovs rovs Iv 'PcSfirj, De Venaesectione 
 adi-ersits Erasistraleos Romac Dei/entes ; Id. Uepl 
 ^AegoTofi'ias QepairevTiKOV B^§\^ov, De Ciirandi 
 Ratione per Venaesecfimem ; Id. ITepi BSeAAtSi', 
 'AfTio-iroo-ecos, SiKuas, koI E7Xctpa|fwy, KoX Kara- 
 Xaff/xoO, De Hirudinibus, Revulsione, Ciicurbitula, 
 Incisione, et Scarifieatione. Alexander Aphrodi- 
 siensis, Ilepl Ylvp^Tiv, De Febribus. Great part 
 of the 'Znvayayal 'larpiKai, Ciiltecia Mediiinaliu, 
 of Oribasius, and also of his Suyoij/is, Si/iwpsis ad 
 Eustathium, treat of this subject. Palladius, Uepl 
 Tlvperwv 'S.ivTop.os Swotl/is, De Febriljiis Cuneisa 
 Synopsis. Aetius, BigAi'o 'loTpiKcs 'Efc/cai'Se/ca, 
 Libri Medicinales Sedeeiiii. Alexander Trallianus, 
 BiStda 'larpiKa AvoKalSeKU, Libri de Re Medica 
 Duodecim. Paulus Aegineta, 'EntTonrjs 'laTpiKrjs 
 BiSAia "EiTTO, Compendii Medici Libri Septcm, of 
 which great part relates to this subject. Theo- 
 phanes Nonnus, 'ETriTo/iij rij? 'larpiKTjr 'huaaris 
 Texi'is, Compendiuni Totius A riis Medicae. Syne- 
 sius, IlepJ ITupcTiSi', Dc Febribus. Joannes Actu- 
 arius, Methodus Mede??di. Demetrius Pepagomenus, 
 Tlepl UoSdypas, De Podutira. Celsus, De Medicina, 
 in eight books, of which great part treat of this 
 subject. Caelius Aurelianus, Celcrum Passionum 
 Libri iii. ; Id. Tardarum Passionum Libri v. 
 Serenus Samonicus, De Medidna Praecepta Salu- 
 berrima, a poem on the art of Healing. Theo- 
 dorus Priscianus, Rerum Medicarum Liljri iv. To 
 which list may be added (though somewhat later 
 than the period treated of in this work) the cele- 
 brated Regimen Sanitatis Salernitanum, of which 
 more than twenty editions were published in the 
 fifteenth century, and more than forty in the six- 
 
 Iteenth. [W.A.G.j 
 
 ! ©EPA'nnN. [Hblotes.] 
 
 i THERIACA (,&r)pia/C7]),a word properly applied, 
 
 I according to Galen (Comment, in Hippocr. Libr. 
 
 ' de Alim." § 7. tom. xv. p. 279. ed. Kiihn), to 
 preparations that would cure the bite of wild beasts, 
 (Sijpiwj',) as those which were meant as antidotes 
 to other kinds of poisons (toIs SrjAriTiip'iois) were 
 properly called oAeficfiapjUo/co. (Conf. Gal. Com- 
 ment, in Hippocr. Libr. vi. " de Mnrb. Vutf/ar." vi. 
 § 5. tom. xvii. p. ii. p. 337.) The most celebrated 
 of these preparations was the Theriaca Andromachi, 
 invented by the physician to the Emperor Nero, 
 which was verj- nearly the same as that which was 
 
 3 (i 2 
 
964 
 
 THERIACA. 
 
 THESMOPHORIA. 
 
 composed by Mithridates, king of Pontus, the re- 
 ceipt for which was said to have been found among 
 his papers after his deatli by Pompey. This was 
 published at Rome, under the title of Antidntmn 
 Mithridaimm. But as the various receipts for the 
 preparation of this famous remedy differ from each 
 other very widely, the probability is, says Dr. 
 Heberden, that Mithridates was as much a stranger 
 to his own antidote as several eminent pliysicians 
 have since been to the medicines that are daily 
 advertised under their names. It was asserted 
 that whoever took a proper quantity of this prepa- 
 ration in the morning was insured against the 
 effects of poison during the whole of that day, 
 and this we are told by Galen {de Antid. i. 1. 
 tom. xiv. p. 3) was regularly done by the Em- 
 peror Marcus Aurelius. It was further stated that 
 Mithridates himself was so fortified against all 
 baneful dnigs, that none would produce any effect 
 when he attempted to destroy himself (Gal. I. c. ; 
 Cels. de Med. v. 23. § 3 ; Gell. xvii. 16 ; Justin, 
 xxxvii. 2 ; Flor. iii. 5 ; Mart. v. 76 ; Dion Cass, 
 xxxvii. 1 3 ; Appian, de Bello M/lhr. c. 1 11 ; Aurel. 
 Vict, de Vir. Illustr. c. 76.) In the course of ages 
 it underwent numerous alterations. According to 
 Celsus, who first described it [l. c), it contained 
 only thirtj'-six simples ; Andromachus added the 
 flesh of vipers (Gal. de Tlicr. ad Pis. c. 5. tom. xiv. 
 p. 232), after cutting off the head and tail (id. 
 ihid. c. 9. p. 238 sq.), and increased the number of 
 the ingredients to seventy-five. These and the 
 method of putting them together he handed down 
 to posterity in a Greek poem, consisting of one 
 hundred and seventy-four hexameter and penta- 
 meter lines, which has been preserved by Galen, 
 (de Antid. i. 6. tom. xiv. p. 32 sq. ; de Titer, ad 
 Pis. c. 6, 7. torn. xiv. p. 233), and has several 
 times been published separately. When thus im- 
 proved, Andromachus called it yaXrivi] (Gal. /. c), 
 but in Trajan's time it obtained the name of Tlbcii- 
 aca, either from the vipers in it, or rather kut' 
 fffix^iv, from its supposed effects in curing the 
 bites of venomous animals. Damocrates differed 
 from Andromachus with respect to some of the 
 proportions (6'a/. de T/ier. ad Pis. c. 1 3. tom. xiv. 
 p. 266), and gave a receipt for it in one hundred 
 and sixty-five Greek iambics, which has also been 
 preserved by Galen (de Antid. i. 15. tom. xiv. 
 p. 90 sq. ), and has been published along with his 
 other poetical fragments at Bonne, 1833, 4to. ed. 
 C. F. Harless. The reputation which this medicine 
 enjoyed was immense ; it is mentioned by Abulfaraj 
 (Hist. Dynast, p. 63), and several Arabic physicians 
 wrote treatises in its praise. It even maintained 
 its ground in quite modern times, and it is only 
 within comparatively a few years that it has been 
 dismissed from the British Pharmacopoeia. This 
 was effected chiefly by the persuasion of Dr. 
 Heberden, who wrote a pamphlet on the subject, 
 entitled ^ m^iWenVwo!, 174.5. It consisted latterly of 
 seventy-two ingredients, which were arranged under 
 thirteen heads : viz. Acria., of which there were 
 five species ; Amara, of which there were eight ; 
 Siyptica (vulgo Astringentia), five in number ; Aro- 
 matica Exotica, fourteen ; A romatiea Indigena, ten ; 
 Aromatica ex Umhel/i/eris, seven ; Uesinosa ei Bal- 
 sama, eight ; Graveolentia, six ; Virosa (seu qnae 
 Nareosin inducunt,) under which head there was 
 but one species, viz. Opium; Terrea Insipida et 
 Inertia, which comprised only the celebrated Lem- 
 nian Earth ; Gummosa, Amiilnem, S;c. four species ; 
 
 Dulcia, viz. liquorice and honey ; and Vimim, \ 
 Spanish (or Sherrif). Upon no principle of co 
 bination could this heterogeneous farrago be vin 
 cated ; and the monstrous compound is well co 
 pared, hy Dr. Heberden, to the numerous und 
 ciplined forces of a barbarous king, made up o! 
 dissonant crowd collected from different countri 
 mighty in appearance, but, in reality, an ineffect 
 multitude, that only hinder each other. (See 1 
 Paris's Pkarmacohiiia, vol. i. p. 49.) [W. A. ( 
 THERMAE. [Baths, p. 14.3.] 
 THERMOPO'LIUM. [Calida.] 
 OHSErA, a festival celebrated by the Athenii 
 in honour of their national hero Theseus (Aristoi 
 Plut. 622, &c. with the Scliol. ; Suidas,s. v. ©Tjcrei'o 
 whom they believed to have been the author 
 their democratical form of government. In con 
 quence of this belief donations of bread and mi 
 were given to the poor people at the Thesea, wh 
 thus was for them a feast at which they felt 
 want and might fancy themselves equal to 1 
 wealthiest citizens. We learn from Gellius (: 
 20. § 3) that a contest also was held on this oc 
 sion, but we are not informed in what it consist 
 The day on which this festival was held was ' 
 eighth of every month (dySdoi), but more especia 
 the eighth of Pyanepsion (Schol. ad Aristoph. I. 
 Plut. Tlies. 36), whence the festival was sometin 
 called oySoStov. (Ilesych. s. i\) From the passaj 
 above referred to, compared with Diodorus (v. 5 
 it appears highly probable that the festival of I 
 Thesea was not instituted till B. c. 469, wh 
 Cimon brought the remains of Theseus from Scyi 
 to Athens. 
 
 (Meursius, Graec. Fer. s. v. Qrjaeia: Tliesem, 
 133 ; Corsini, Fast. Alt. ii. p. 330 ; Idelcr, Hist 
 Untersuclmn(/en uberdie Astronom, Beohachtung. i 
 Alien, p. 383, &c.) [L. S.] 
 
 THESMOPHO'RIA (0€(TAio<|)(<pia), a great f 
 tival and mysteries celebrated in honour of Deme 
 in various parts of Greece, and onlj' by woirn 
 though some ceremonies were also performed 
 maidens. The Attic Thesmophoria were held 
 the month of Pyanepsion and began on the eleven 
 Its introduction was ascribed by Demosthen 
 Diodorus Siculus, and Plutarch («/). T/ieodoi 
 Tlicrap. I) to Orpheus, while Herodotus (ii. II 
 states that it was introduced into Greece fp 
 Egypt by the daughters of Danaus, who made i 
 Pelasgian women of Peloponnesus acquainted w 
 the mysteries, that after the Dorian conquest tb 
 fell into disuse, and were only preserved by 1 
 Arcadians, who remained undisturbed in th 
 ancient seats. Thus much appears certain fr 
 the name of the festival itself, that it was intend 
 to commemorate the introduction of the laws a 
 regulations of civilized life, which was universa 
 ascribed to Demeter. (Diodor. v. 5.) Respecti 
 the duration of the Attic Thesmophoria, vari< 
 opinions are entertained both by ancient and n 
 dem writers. According to Hesychius (s. v. Tfu 
 @((Tfxo<pop'nDu) it lasted four days : it has been 
 ferred from Aristophanes (Thesmoph. 80) that 
 lasted for five days. Such discrepancies have i 
 doubtedly arisen from the circumstance tiat 1 
 women spent several days before the commen 
 ment of the real festival in preparations and pur 
 cations, during which they were especially bou 
 to abstain from sexual intercourse, and for t 
 purpose they slept and sat upon particular kinds 
 herbs which were believed to have a purifyi 
 
THESMOPHORIA. 
 
 ©H"TE2. 
 
 yb'5 
 
 ct. (Hesyeh. s. v. Kveupov : Etjinol. M. s. v. 
 Z'lpoSov: Aelian, Nut. An. ix. 2() ; Schol. ad 
 ; ncril. iv. 25 ; Dioscorid. i. 13") ; Plin. II. N. 
 
 v. 19 ; Stephan. Byz. s. v. Mi'ArjTos.) During 
 t . time the women of each demos appointed two 
 1 lied women from among themselves to con- 
 ( t the solemnities (dfixfiv fir to QecrpLOtpopta, 
 ' U-, de Ciron. liered. p. 208. ed. Reisk.), 
 tluir husbands who had received a dowry 
 i milting to three talents, had to pay the ex- 
 f ses for the solemnity in the form of a liturgy, 
 (leus, de Pyrrh. hered. p. 66.) The festival 
 )i If, which according to the most probable sup- 
 p'ition, also adopted by Wellaiier {de Thesino- 
 j ;■//<, p. 6), lasted only for three days, be- 
 u nil the 11th of Pyaiiepsion, which day was 
 I- 1(1 dvoSos or KctfloSos (Hesych. s. v. "AvoSos) 
 i II flie circumstance that the solemnities were 
 I lu'd by the women with a procession from 
 , ii'iis to Eleusis. In this procession they car- 
 1 i on their heads sacred laws (yo^i/noi j8i'§Aoi or 
 C'ftoi), the introduction of which was ascribed to 
 I ueter &eaixo(p6pos, and other symbols of civilised 
 I . (Schol. ad I'heocrit. xiv. 23.) The women 
 ^llt the night at Eleusis in celebrating the mys- 
 . of the goddess. (Aen. Tact. Poliorc. 4.) The 
 
 ■ 'iiJ day, called vqartia (Athen. vii. p. 307), 
 I - a day of mourning, during which the women 
 t on the ground around the statue of Demeter, 
 jl took no other food than cakes made of sesame 
 )i honey {a-naap.ovi, Aristoph. Tltesmnph. 53.5 ; 
 
 820). On this day no meetings either of 
 l| senate or the people were held. (Aristoph. 
 'l^m. 79.) It was probably in the afternoon of 
 ij^ day that the women held a procession at 
 ('lens, in which they walked barefooted behind a 
 I'^gon, upon which baskets with mystical sym- 
 :;i were conveyed to the Tliesraophorion. (Aris- 
 jh. Tliesiii. 276, &e.) The third day, called 
 kKiyiveta from the circumstance that Demeter 
 B invoked under this name (Aristoph. Tlicsm. 
 |)), was a day of merriment and raillery among 
 J women themselves, in commemoration of lambe 
 <o was said to have made the goddess smile 
 ring her grief. (Aristoph. Tliesiii. 792 ; Ran. 
 )) ; Hesych. s. v. 'Zrifivia : Phot. Le<r. p. 397 ; 
 foiled, i. 5. § 1.) Hesychius mentions a sacri- 
 1 called ^Tjfu'o, which was offered to the goddess 
 (an atonement for any excess or error which 
 ;ht have been committed during the sacred 
 <rs, and this sacrifice was probably offered at the 
 se of the third day. 
 
 There are several other particulars mentioned by 
 ient writers as forming part of the Thesmopho- 
 I, but we are not able to ascertain in what raan- 
 
 ■ they were connected with the festival, or on 
 rat day they took place. 
 
 rhesmophoria were also celebrated in many 
 er parts of Greece, as mentioned above. The 
 ncipal places where they are mentioned by an- 
 at authors are the following : — Sparta, where 
 festival lasted for three days (Hesych. s. v. 
 ■ntiepos); Drymaea in Phocis (Pans. x. 33. § 6; 
 ph. Byz. s. )i. Apulia) ; Thebes in Boeotia 
 :ut. Pelop. p. 2(!0 ; Xenoph. IMlen. v. 2. § 29); 
 letus (Steph. Byz. s. v. Mi'Atjtos : Diog. Laert. 
 § 43), Syracuse (Athen. xiv. p. 647), Eretria 
 Euboea (Plut. Quaed. Gr. p. 298. B. &c.), 
 los (Athen. iii. p. 109), Ephesus (Strab. xiv. 
 )33 ; Herod, vi. 16), Agrigentum (Polyaen. v. 
 1 ), and other places. But of their celebration 
 
 in these towns we know no more than a few iso- 
 lated particulars which are mentioned in the pas- 
 sages referred to. 
 
 (Meursius, Graecia Feriata, s. v. &e(TiJ.o(p6pia : 
 Wellauer, de T/iesiaop/ioriis, Wratislaviae 1820,8".; 
 Creuzer, Syinbol. iv. p. 440, &c. ; Preller in Zim- 
 mermami's Zeilsehrift, 1835. n. 98 ; and in general 
 Wachsmuth, HeUen. Alt. ii. 2. p. 248, &c.) [L.S.] 
 
 0E2MO'2. fN0'M02, p. 643.] 
 
 0E2MO0E'TAI. [Archon.] 
 
 0H"TE2. In earlier times this name denot- 
 ed any freemen who worked for hire (oi eVe/ca 
 Tpo(l>rjs SovAevofTis, Photius, s. v. ; i\iv6epwv 
 ovojxa hicL iTiviav iir' dpyvptw SovAevofTav, Pollux, 
 iii. 32). Homer (Od. iv. 644; xviii. 356) speaks 
 of &^T6s T6 Sfx.des Te, the latter properly signifying 
 those who became slaves by captivity. They are 
 to be distinguished not only from all common 
 slaves, but also from those persons who were in the 
 condition of the Penestae or Helots. (Wachsmuth, 
 Hell. Alt. I. i. 235. 255. 322 ; Schomann, Aid.jur. 
 pub. Gr. 70.) The persons best known by the 
 name of ^fjTis are the members of the fourth or 
 lowest class at Athens, according to the political di- 
 vision of Solon (b. c. 594). Among other changes, 
 he effected one of great importance, by abolishing, 
 or at least abridging, the distinctions of caste or 
 birth, and introducing in lieu of them distinctions 
 of property. He distributed the people of Attica 
 into four classes ; the first consisting of those whose 
 land afforded an annual income of 500 mediimti of 
 dry produce, or metreies of liquid, hence called 
 TTfVTaKojioiiihiixvoL : the second of those whose 
 annual profits were 300 ; the third, whose profits 
 were 150; the fourth consisting of those whose 
 incomes were less than 150. The fourth class, 
 comprehending all the poor and labouring part of 
 the citizens, were called ^TjTes. To each class 
 were assigned certain rights and privileges on the 
 one hand, and certain duties and liabilities on the 
 other. As to the mode of taxation see 'EI2*OPA'. 
 The highest civil offices and military commands 
 were reserved for the members of the first class. 
 The second and third were appointed to form the 
 national militia, the former constituting the cavalry, 
 the latter the heavy-armed infantry ; and certain 
 minor civil offices were open to them. The lowest 
 class was exempted from all direct taxation, and 
 also excluded from all honours and dignities. In 
 war they served as light troops (i|/iAoi'), and, when 
 naval service was required, as rowers in the ships. 
 They, however, were admitted to vote in the 
 efCKATjffi'o, or general assembly, where magistrates 
 were elected, and various other important matters 
 determined ; though the business of the assembly 
 was placed under the control of the senate of 400, 
 and could not be held without its authority. An- 
 other important privilege conferred on the lowest 
 class, was the right of sitting as dicasts in the 
 Heliastic Court, for which no further qualification 
 was requisite, than that the party should be thirty 
 years of age and possessed of his full legal fran- 
 chise. [AIKA2TH'2.] Before the time of Solon 
 all judicial power was vested in the superior ma- 
 gistrates. He first gave an appeal from their deci- 
 sions to a court composed of a large number of citi- 
 zens, which in process of time became the regular 
 tribunal for the hearing of all civil causes, the 
 superintendence or direction thereof (riyfp.ovia 
 SiKaaTTipiov) being alone reserved to the magis- 
 trate. Such was the political condition of the 
 
SSii 
 
 0I'A2O2. 
 
 lower classes at Athens as established by Solon. 
 After his time a variety of causes operated to in- 
 crease the power of the lower classes. Among 
 these we may reckon first, the reforms introduced 
 by Clisthenes, who created the Srjixoi, altered the 
 tribes, subdivided the Heliastic Court, broke the old 
 aristocratical connections, and increased the num- 
 ber of citizens by enfranchising aliens and slaves. 
 Secondly, the Persian war caused the downfal of 
 many wealthy families, who lost their possessions 
 by the capture and sacking of the city ; whereas 
 the lower order of people, who served in the fleet, 
 became elevated by their success, and rose in 
 estimation by the value of the services they had 
 rendered. This led to a measure which is said to 
 have been passed by Aristides, which enabled the 
 poorest citizen to aspire to the highest honours of 
 the state ; after which all distinction of classes was 
 gradually abolished ; though a certain fortune ap- 
 pears to have been still requisite for the office of 
 Archon, if the question asked at the examination 
 previous to his admission, ft to Tlfx-riixa avT<^ iariv, 
 had not become a mere fonn. (Pollux, viii. 8G.) 
 Trade and commerce increased the number of ope- 
 rative citizens, brought large crowds of seamen and 
 
 idlers into the Piraeus and the city, who turned ' white marble at Epidaunis, the inside of w 
 
 THORIA LEX. 
 
 word appears to be derived from (rios, the 1 
 for Each member of a ^iaaos was 
 
 9io(7<cT7)s. In the democratic states of Gi 
 there were religious associations called ^laaoi, 
 clubbed together, kept a common fund, purcli 
 land, &c., for religious purposes. (See ''EPANi 
 Bdckh, Staaish. der Athcn. i. 264 ; Schomann, 
 jur.jvM. Or. 305.) [C. R. K 
 
 0O'AO2 {o and ri, also called (TKias) is a 
 which was given to any round building whicli 
 minated at the top in a point, whatever migli 
 the purpose for which it was used. (Hesych. 
 Suidas, s.v. QoKos: Od. xxii. 442. 459. 466.) 
 Athens the name was in particular applied to 
 new round prytaneum near the senate-house, w 
 should not be confounded with the old prytan 
 at the foot of the acropolis. (Pans. i. 5. § 1 ; 
 § 13.) It was therefore the place in which 
 prytanes took their common meals and offered t 
 sacrifices. It was adorned with some small si 
 statues (Pollux, viii. 155 ; Demosth. de Fals. 
 p. 419), and near it stood the ten statues of 
 Attic eTToivu^oi. ['Enn'NTMOI : nPTTANErc 
 Other Greek cities had likewise their pi 
 &o'Ao( : thus we find that Polvcletus built on 
 
 their attention to the public assemblies, where their 
 numbers gave them a preponderance in the suffrage. 
 The attendance of the poorer people in the Ecclcsia 
 was still further encouraged by a law which was 
 introduced by Callistratus after the time of Pericles, 
 by which every person who attended received a 
 certain fee, first an obol, and afterwards raised to 
 three obols, called jxiaSos iKKKr\tna<TTiK6s. (BiiAh, 
 StaaUh. der Allien, i. 245.) The remuneration 
 given to the dica^ts (an obol by the law of Pericles, 
 but raised to three obols by Cleon) had the same 
 etfect as the assembly fee. The whole power of 
 the sbite, judicial and administrative, which ali'eady 
 resided in the nuiltitude in theory, soon came to be 
 exercised by them in practice, when (besides their 
 natural love of power) they were stimulated to take 
 upon themselves the performance of these duties by 
 the prospect of immediate reward. The establish- 
 
 was adorned with paintings by Pausias. It ' 
 originally surrounded by columns, of which ini 
 days of Pausanias six only were standing, 
 upon these were inscribed the names of such 
 sons as had been cured of some disease by A; 
 plus, together with the name of the disease i 
 and the manner in which they had obtained t 
 recovery. (Pans. ii. 17. § 3.] [L. S. 
 
 THORAX. [LoRicA.] 
 THO'RIA LEX. This Agraria Lex is 
 subject of a very elaborate essay by Rud 
 " Das Ackergesetz des Spurius Thorius, Zeitscb 
 vol. X." 
 
 This Lex was engraved on the back part of 
 same bronze tablet which contained the Ser 
 Lex Judiciaria, and on Repetundae. The ta 
 was broken at some unknown time, and the k 
 which was perhaps the larger part is now 
 Seven fragments of the upper part were preser 
 
 ment of the Theoric fund [©EflPIKA'] was another 
 
 measure of democratic tendency, as it helped to j which as the tablet is written on both sides, n 
 maintain the idle poor at the public expense, and fourteen inscriptions, which were published 
 enabled them to interfere in state business. That Fulvius Ursinus : the first five of the inscripti 
 the authority of the Court of Areopagus, as well as as they are numbered by him, belong to the 
 that of the Senate of Five Hundred, should be di- j Thoria, and the seven last to the Lex Sen 
 minished, was the natural consequence of the mea- j The largest and most important of the fragm 
 sures and changes above mentioned. To trace the j are now in the Museo Borbonico. Their his 
 events, political and moral, wliich ensued from the is traced and their present condition describe( 
 democratic movements of the Atlienians, belongs to j Rudorft' with great minuteness. Two of the 1 
 history. (Wachsmuth, i. ii. 26. 30. 150. 158; i ments were copied by Sigonius when they wei 
 Schomann, de Comit. Pref. x. xviii ; Antiq. jur. \ the Museum of Cardinal Bembo ; and the cof 
 pM. Cri: 174. 253 ; Thirl wall. Hist, of Greece, | the two fragments of the Lex Thoria, and alst 
 
 n. p. 37 — 44. 73. 374 ; iii. p. 67 ; Bockh, Siaatsh. 
 der Ailie)/. i. 250. 277 ; ii. 28 — 36 ; Harpocrat. 
 and Suidas, s. i\ QrjTiS and S-rjTiKoV. ) 
 
 Tlie name of drjaffa was also given to a poor 
 heiress at Athens, whom the next of kin was 
 obliged to marry, or give her a suitable portion. 
 See Suidas, I. c. and 'Eni'KAHP02. [C. R. K.] 
 ©rA202 signifies any company or assembly of 
 persons met together for a religious purpose ; such 
 as a choir of Bacchanals or dancers, a party met to 
 celebrate a festival, &c. (Upos x°P°^i '''"^ 
 Beeiv, rj otto rod e'i/6ov(Tiav • to dO|^Oi^6|J.il'Ol' irKrj- 
 6os €7rl TeKei Koi Tifi^ Seou, Suidas, Harpoc. and 
 Hesych. v. ; Compare Dio.nysia, p. 34 1 ). The 
 
 copy of the two fragments of the Lex Servili; 
 printed in the work of Sigonius, De Antique 
 Populi Romani, Libri Undccim, Bononiae, 15 
 The title of this Lex does not appear from 
 mutilated inscription, but Rudorif shows tha' 
 Lex belongs to the period between the consulsh 
 T'. Cornelius Sci])io Nasica and L. Calpurnius 
 Bestia, B.C. Ill, and that of L.Julius Ca 
 B. c. 90, within which space of twenty-two ; 
 five Agrarian laws were enacted, Boria, Th 
 Marcia, Apuleia, and Titia. It further app 
 from comparing two passages of Cicero {de 0 
 70; and Brutus, 36), in which he speaks ol 
 Lex Thoria, with the fragments of this Lex n 
 
THRONUS. 
 
 is lost, that the fragments are those of the 
 c Thoria. Now the date of the Lex Thoria is 
 id by Rudortf at the year of the city 643 or 
 ]11, which is consequently the date of the 
 on the bronze tablet, thus identified with 
 Lex Thoria. Proceeding on the assumption 
 : 1 1 the fragmentary Lex was the Plebiscitum, 
 v ed the Lex Thoria, Sigonius restored the begin- 
 I g of it according to the usual form of Roman 
 I'biscita : Sp. Thorivs . . . F. Tr. PI. Plebem ivre 
 I . Plebesque i\Te scivit Tribvs .... Principivm 
 t : pro tribv Q. Fabivs. Q. F priravs scivit. 
 
 The history of this inscription is curious. It 
 \s not cut on the rough back of the bronze tablet 
 t. after the other side, which is smooth, had been 
 (lupied by the Servilia Lex. The Servilia Lex 
 i lertainly not of earlier date than the year of the 
 t; 648, or B. c. 106, and consequently the Thoria 
 <, Id not have been cut on this tablet before the 
 jir 648. It seems that the tablet was large 
 Hugh for the Lex Servilia, for which it was in- 
 t ded, but much too small for the Agrarian Law . 
 Consequently, the characters of the Agrarian side 
 (ithe tablet are remarkably small, the lines nar- 
 IK, the abbreviations numerous, and the chapters 
 vy separated by two or three points, whereas on 
 other side the letters are unifonn, large, and 
 ■;11 made, the lines wide, the words written at 
 tl length, and the chapters of the Lex sepai'ated 
 1, superscriptions. Further, the lines (of the 
 ^raria Lex) are often so oblique that they cross 
 t; straight lines on the opposite side, which are 
 1. very deep and consequently are visible on the 
 l e on which the Agrarian Lex is cut." (Rudorii'.) 
 The subject matter of this Lex cannot be stated 
 Uhout entering into detail : the whole is examined 
 1 Rudorff with great care. The main subject of 
 i; Lex to which the first eighteen chapters or 
 : ty-three lines refer, is the Public land in Italy 
 : far as the rivers Rubico and Jlacra. The second 
 irt of the Lex begins with the nineteenth chap- 
 l- and the forty-fourth line, and extends to the 
 ieth chapter and the ninety-sixth line : this part 
 the Lex relates to the Public and Private land in 
 ; Province of Africa. The third and last part of 
 i Lex, from the fiftieth cliapter and the ninety- 
 .th line to the end of the inscription, relates to 
 i Roman Public land in the territory of Corinth. 
 Rudorff concludes that the Lex applied to other 
 id also ; and for two reasons. First, the Roman 
 jrarian Laws of the seventh century of the city, 
 iated to all the provinces of the empire, of which 
 I have an example in the case of the Lex Servilia 
 Rullus. Secondly, the fragment of the Lex 
 lona, which is preserved, is so broad compared 
 th the height that we may conclude that the 
 uplete tablet contained three times as much as it 
 BS now ; for nearly all the bronze tablets on 
 lich Roman laws are cut, are of an oblong form, 
 th the height nmch greater than their width, 
 the two-thirds of the tablet which it is con- 
 ded have been lost, not a trace has yet been 
 covered. 
 
 Ihe essay of Rudorff contains a copy of the in- 
 iption, with his restoration of the passages that 
 defaced. The value of this attempt can only 
 estimated by an investigation as complete as 
 t of the author. [G L ] 
 
 ■)PANrTAI. [Ships, p. 87!).] 
 fHRACES. [Gladiatores, p. 456.] 
 rmiONUS, the Greek Bp6i/os, for which the 
 
 THRONUS. 
 
 967 
 
 proper Latin term is solium; a throne. This did 
 not differ from a chair (/coSeSpa) [Cathedra ; 
 Sella] except in being higher, larger, and in all 
 respects more magnificent. (Athen. v. p. 192. c.) 
 On account of its elevation it was always neces- 
 sarily accompanied by a foot-stool (subsellium, 
 vwoTToSiov, Alt. dpaviov. Ion. ^prjyvs, Horn. xiv. 
 •J40; 0(/. i. 131; x. 315). Besides a variety of 
 ornaments, especially nails or studs of silver, be- 
 stowed upon the throne itself, it was often covered 
 with beautiful and splendid drapery. (Horn. Od. 
 XX. 150.) [Tape>.] The accompanying woodcut 
 shows two gilded thrones with cushions and dra- 
 pery represented on paintings found at Resina. 
 {Aiit. W Ere. i. tav. 'Id.) These were intended 
 to be the thrones of Mars and Venus, which is ex- 
 pressed by the helmet on the one and the dove on 
 the other. 
 
 All the greater gods were sometimes represented 
 as enthroned, especially Jupiter, Juno, Mars, Venus, 
 Minerva, Diana, Ceres, Cybele, Neptune,Aesculapius 
 and Apollo. This was in imitation of the practice 
 adopted by mortals, and more particularly in Asia, 
 as in the case of Xerxes (Philost. Imufj. ii. 31), 
 and of the Parthians. (Claud, in IV. Cons. Honor. 
 214.) When the sitting statue of the god was 
 colossal, the throne was of course great in propor- 
 tion, and consequently presented a very eligible 
 field for the display of sculpture and painting. As 
 early as the sixth century before Christ Bathycles 
 of Magnesia thus decorated the throne of the 
 Amyclaean Apollo. Instead of legs it was sus- 
 tained both before and behind by four statues re- 
 presenting two Graces and two Hours. It was 
 elevated upon a basement (/3a0poc). Being of the 
 size of a considerable temple and open all round so 
 that persons might walk under it, it was covered 
 with bas-reliefs both outside and inside. Not less 
 than fifty or sixty mythological subjects were thus 
 displayed in separate compartments, besides many 
 distinct figures placed about it. (Pans. iii. 18. § 6 
 — 19. g 4 ; Heyne, Aut. Aiifiatze, i. p. 1 — 114.) 
 The throne of the Olympian Jupiter, the work of 
 Phidias and Panaenus, was constructed and orna- 
 mented in a similar mamier, but was closed instead 
 of being open all round, and consisted of the most 
 valuable materials, viz., ivory, ebony, gold, and 
 precious stones. (Pans. v. 11. § 2 — 4.) As a chair- 
 for common use was sometimes made to hold two 
 persons (Horn. //. iii. 424 ; Od. xvii. 330) and a 
 throne shared by two potentates (Sicppov, Doris, ap. 
 Ailicn. i. p. 17. f.), so two divinities were sometimes 
 supposed to occupy the same throne. (Pans. viii. 
 37. § 2.) Besides those belonging to the statues 
 of the gods, the thrones of monarchs were some- 
 times deposited in the temples as Donaria. (Paus- 
 ii. 1.9. §4; V. 12. §3.) 
 
S'^'f THYRSUS. 
 
 The following woodcut, taken from a fictile vase 
 in the Museo Borbonico at Naples, represents Juno 
 seated on a splendid throne, which is elevated, like 
 those already descnbed, on a basement. She holds 
 in her left hand a sceptre, and in her right the 
 apple, which Mercury is about to convey to Paris 
 with a view to the celebrated contest for beauty 
 on Mount Ida. Mercury is distinguished by his 
 Talaria, his Cadi'ceus, and his petasus thrown 
 behind his back and hanging by its string. On 
 the right side of the throne is the representation of 
 a tigress or panther. 
 
 The elevated seat used by a schoolmaster was 
 called his throne. (Brunck, Anal. ii. 417.) [J. Y.] 
 ©TME'AH. [Theatrum, p. 9,5".] 
 THYRSUS (Supo-os), a pole carried by Bacchus, 
 and by Satyrs, Maenades, and others who engaged 
 in Bacchic festivities and rites. (Athen. xiv. p. 
 631. a ; Veil. Paterc. ii. 82.) [Dionysia, p. 341.] 
 It was sometimes terminated by the apple of the 
 pine, or fir-cone (^Ka>vo(p6pos, Brunck, Anal. i. 421), 
 that tree (ttcukt;) being dedicated to Bacchus in 
 consequence of the use of the turpentine which 
 flowed from it, and also of its cones, in making 
 wine. (Walpole, Mem. on Eur. and As. Turkey, 
 p. 235.) The monuments of ancient art, however, 
 most coramonlj- exhibit instead of the pine-apple a 
 bunch of vine- or ivy-leaves (Ovid, iV/cL xi. 27,28; 
 Propert. iii. 3. 35) with grapes or berries, arranged 
 into the form of a cone. The annexed woodcut, 
 taken from a marble ornament {Moit. Matth. ii. 
 
 TIARA. 
 
 tab. 8G), shows the head of a thyrsus composei 
 the leaves and benies of the ivy, and suiToun 
 by acanthus-leaves. Very frequently also a w 
 fillet was tied to the pole just below the head 
 the manner represented in the woodcut on p. 
 where each of the figures holds a thyrsus in 
 hand. See also the woodcut to Funambui 
 (Statins, Tlieb. vii. 654.) [Instita.] The 
 bulous history of Bacchus relates that he ( 
 verted the thyrsi carried by himself and his 
 lowers into dangerous weapons, by conceaUng 
 iron point in the head of leaves. (Diod. Sic 
 64 ; iv. 4 ; Macrob. Sat. i. 19.) Hence 
 thyrsus is called " a spear enveloped in v 
 leaves" (Ovid, Met. iii. 667), and its point 
 thought to incite to madness. (Hor. Carm. ii. 
 8 ; Ovid, Amor. iii. 1. 23 ; iii. 15. 17 ; Trist. 
 
 1. 43 ; Brunck, Atml. iii. 201 ; Orph. Hymn. 
 5 ; 1. 8.) [J. Y. 
 
 TIA'RA or TIA'RAS (ridpa or Ttdpas : 
 KvpSaaia, Moeris, s. v. ; Herod, v. 49 ; vii. 
 Aristoph. Aves, 487), a hat with a large 1 
 crown. This was the head-dress which charai 
 ized the north-western Asiatics, and more especi 
 the Armenians (Xen. Cyr. 1. § 13 ; Sueton. A 
 13), the Parthians, and the Persians (Herod. 
 12 ; Philostr. Sen. Imoff. ii. 31 ; Plaut. Pers 
 
 2. 2), as distinguished from the Greeks and 
 mans, whose hats fitted the head or had onl 
 low crown. The Mysian hat, or " Phrygian I 
 net," as it is now called [Pilbus, p. 7(i3], w 
 kind of tiara (Virg. Aen. vii. 247 ; Servius in i 
 Sen. T/iyest. iv. 1. 40, 41 ; Philostr. Jun. Imag 
 formed with lappets to be tied under the chin (, 
 vi. 516 ; Val. Flacc. vi. 700), and dyed puj 
 (Ovid. Met. xi. 181.) 
 
 The king of Persia wore an erect tiara, wl 
 those of his subjects were soft and flexible, fal 
 on one side. (Herod, vii. 61 ; Xen. Anab. i 
 § 23 ; Ct/rop. viii. 3. § 13 ; Schol. m Arktoph. , 
 He was also distinguished by the splendid col 
 of his tiara (Themist. Orat. 2. p. 36. c ; 2-J 
 306. c), and by a Diadema, which encirclei 
 and which was variegated with white spots up 
 blue ground. The Persian name for this r 
 head-dress was cidaris. (Curt. iii. 8 ; KtSapi 
 Kirapts, Strabo, xi. 12. § 9 ; PoUux, vii. § 
 The annexed woodcut shows the cidaris as i 
 
L TIBIA, 
 on a gem in the Royal Cabinet at Paris, 
 supposed by Caylus to be worn by a sovereign 
 jmenia. (^Recmtil (fAnt. t. ii. p. 124.) From 
 ly remote period (Aeschyl. /"(■;•»•. 068) down 
 pie present day the tiara of the king of Persia 
 h" been commonly adorned with gold and jewel- 
 1«. _ [J. Y.] 
 
 'IBIA (ai\6s), a pipe, the commonest musical 
 b ruraent of the Greeks and Romans. It was 
 frequently a hollow cane perforated with 
 the proper places. (Plin. H.N. xvi. 3G. 
 . Athen. iv. p. 182.) In other instances it 
 made of some kind of wood, especially box, 
 a was bored with a gimblet {tcrebrato buxo, Ovid, 
 i:t. Ti. 697). The Phoenicians used a pipe, call- 
 egingrus, or ouAor 7i77poiVos, which did not 
 coed a span in length, and was made of a small 
 rl or straw. (Athen. iv. p. 174. f ; Festus, s. v. 
 (. ijriator.) The use of the same variety in Egypt 
 iproved by specimens in the British Museum, 
 n ch were discovered in an Egyptian tomb, 
 l Yhen a single pipe was used by itself, the per- 
 tner upon it, as well as the instrument, was 
 Cied inonaulus. (Mart. xiv. 6"4 ; /aoVouAos, 
 I'inck, Anal. i. 484.) Thus used, it was 
 r;h in fashion at Alexandria. (Athen. iv. 
 }I74. b.) When its size became considerable, 
 flit was both strengthened and adorned by the 
 ilition of metallic or ivory rings (Hor. Art. Poet. 
 :2 — 205 ; Propei-t. iv. 0". 8), it must have been 
 I jparable to the flageolet, or even to the clarionet 
 I modem times. Among the varieties of the 
 ig.e pipe the most remarkable were the bag-pipe, 
 performer on which was called utrwularius 
 lieton. Nero, 54) or d(TKav\ris [Onomust.) ; and 
 cuAds TrAaytos or irKaylavAos (Theocrit. xx. 
 5l ; Longus, i. 2 ; Heliodor. Aethioji. v. ; Aelian, 
 4 A. vi. 19 ; Eustath. in Horn. II. xviii. 495), 
 ■-icii, as its name implies, had a mouth-piece in- 
 itej into it at right angles. Its form is shown 
 ia lestored terminal statue of Pan in the Town- 
 -• collection of the British Museum. Pan was 
 ; reputed inventor of this kind of tibia (Bion, 
 t T\ as well as of the fistula or Syrinx. 
 But among the Greeks and Romans it was much 
 ire usual to play on two pipes at the same time. 
 •IKE a performance on this instrument (tihkinium, 
 vUiis, iv. 13), even when executed by a single 
 ■ ■son, was called canere or caniare tihiis. (Gellius, 
 A. XV. 17 ; Corn. Nepos, xv. 2. § 1.) This 
 ; is exhibited in very numerous works of ancient 
 aid often in such a way as to make it manifest 
 at tae two pipes were perfectly distinct, and not 
 nneded, as some have supposed, by a common 
 Hitb-piece. We see this more especially in two 
 autiful paintings, which were found at Resina 
 d Qvita Vecchia, and which represent Marsyas 
 ichiiig the young OljTnpus to play on the double 
 ?e. {Ant. (T Ercolano, i. tav. 9 ; iii. tav. 19 ; 
 mpa-e Paus. x. 30. § 5.) The tibiae pares in 
 e British Museum, which were found with a lyre 
 a tanb at Athens, appear to be of cedar. Their 
 igth is about 15 inches. Each of them had a 
 wraie mouth-piece {yKuaffi^), and besides the 
 le a-, the end it has live holes along the top and 
 e uxderneath. The circumstance of these three 
 itrunents being found together, is in accordance 
 th tie fact, that they are very commonly mentioned 
 ;eth«r by ancient authors (Pind. 01. iii. 9 ; xi. 97, 
 ; Uh. iv. 30. ed. Bdckh ; 1 Cor. xiv. 7) ; and the 
 ison of this was, that performances on the double 
 
 TIBIA. 969 
 
 pipe were very frequently accompanied by the music 
 of the lyre. (Hor. EpoJ. ix. 5.) The mouth-pieces 
 of the two pipes often passed through aCAPiSTRUM. 
 [*OPBEI'A.] (See woodcut, p. 434.) 
 
 Three different kinds of pipes were originally 
 used to produce music in the Dorian, Phrygian, 
 and Lydian modes. [Music, p. 628.] About the 
 third century B. c, Pronomus, the Theban, in- 
 vented adjustments (apixovim) by which tlie same 
 set of pipes might be tttted to all the modes. (Paus. 
 ix. 12. § 4 ; Athen. xiv. p. 631. e.) In what 
 these adjustments consisted we are not clearly in- 
 fonned. Probably stopples or plugs (oAjUoi) were 
 used for this puri)Ose. ['ATAO'2.] It appears also, 
 that to produce the Phrygian mode the pipe had 
 only two holes above {lii/oris, Virg. Aen. ix. 617 — 
 620), and that it terminated in a horn bending 
 upwards. (Tibull. ii. 1. 86 ; Ovid, Met. iii. 533.) 
 It thus approached to the nature of a trumpet, and 
 produced slow, grave, and solemn tunes. The 
 Lj'dian mode was much quicker, and more varied 
 and animating. Horace mentions " Lydian pipes" 
 as a proper accompaniment, when he is celebrating 
 the praise of ancient heroes (Carm. iv. 13. 30). 
 The Lydians themselves used this instrument in 
 leading their troops to battle ; and the pipes, em- 
 ployed for the purpose, are distinguished by Hero- 
 dotus (i. 17) as " male and female," i. e. probably 
 bass and treble, corresponding to the ordinary 
 sexual difference in the human voice. The corre- 
 sponding Latin terms are tibia de.rtra and sinistra 
 (laeva, Plin. I. c.) : the respective instruments are 
 supposed to have been so called, because the for- 
 mer was more properly held in the right hand and 
 the latter in the left. The " tibia dejetra" was 
 used to lead or commence a piece of music, and the 
 " sinistra" followed it as an accompaniment. 
 Hence the former was called incentiva, the latter 
 succentiva. (Varro, </e Re Rust. i. 2.) The comedies 
 of Terence having been accompanied by the pipe, 
 the following notices are prefixed to explain the 
 kind of music appropriate to each : tibiis paribus, 
 i. e. with pipes in the same mode ; tib. imparibus, 
 pipes in different modes ; tib. duabus deitris, two 
 pipes of low pitch ; tib. jiar. deMris et sinistris, 
 pipes in the same mode and of both low and high 
 pitch. 
 
 The use of the pipe among the Greeks and Romans 
 was threefold, viz. at sacrihces {tibiae saerificae), en- 
 tertainments {ludicrae, Plin. I. c.; woodcut, p. 253), 
 and funerals. (Ovid, Fast. vi. 657 ; see p. 630.) 
 
 1. A sacrifice was commonly attended by a piper 
 {tibicen, Varro, de Re Ritst. iii. 1 7 ; woodcut, p. 884), 
 who partook of the food offered, so that " to live 
 Uke a piper" became a proverb applied to those 
 who maintained themselves at the expense of other 
 people. (Suidas, s. v. AvKriTrjs : Aristoph. Pace, 
 952.) The worshippers of Bacchus (Virg. Aen. xi. 
 737), and still more of Cybele, used the Phrygian 
 pipe, the music of which was on this account de- 
 nominated t6 MrfTpuov avKrifia. (Paus. x. 30. §5.) 
 
 2. At public entertainments the tibicines wore 
 tunics reaching down to their feet (Ovid, Fast. vi. 
 686), as is exemplified in the woodcut at p. 219. 
 In conformity with the use of this kind of music 
 at public festivals, a band of tibicines preceded a 
 Roman general when he triumphed. (Florus, ii. 2.) 
 
 3. The gravity and solemnity of the Phrj'gian 
 pipes, which adapted them to the worship of 
 Cybele, also caused them to be used at fimerals. 
 (Statins, T/icb. vi. 120 ; compare Jos. Ii. J. iii. 8. 
 
970 
 
 TI'MHMA. 
 
 TI'MHMA. 
 
 5 ; Matt. ix. 23.) The pipe was the instrument 
 principally used to regulate the dance [Saltatio], 
 whether at sacrifices, festivals, or private occasions 
 in domestic Life (Herod, vi. 129) ; by means of it 
 also the rowers kept time in a trireme. (Max. 
 Tyr. 23.) 
 
 Notwithstanding the established use of the pipe 
 for these important purposes, it was regarded, more 
 especially by the Athenians, as an inelegant in- 
 strument, greatly inferior to the lyre. (Plutarch. 
 Alcib. p. 351 ; Gellius, N. A. xv. 17 ; Aristot. 
 Polit. viii. 6.) Horace, however, represents Clio 
 as performing according to circumstances either on 
 the lyre or the pipe {Carni. i. 12. 2 ; compare 
 Philost. Sen. Imag. ii. 5); and it is certain that 
 the pipe was by no means confined anciently, as it 
 is with us, to the male sex, but that auArjTpi'Ses, or 
 female tibicines, were very common. (Xen. Symp. 
 ii. 1 ; Hor. Epist. i. 14. 25.) The Thebans al- 
 ways esteemed this instrument, and excelled greatly 
 in the use of it. {Anihol. ed. Jacobs, ii. 633.) 
 
 [J. Y.] 
 
 TIBI'CEN. [Tibia.] 
 
 TIGNI IMMITTENDI SERVITUS. [Ser- 
 
 VITUTES, p. 864.] 
 
 TI'MHMA. The penalty imposed in a court of 
 criminal justice at Athens, and also the damages 
 awarded in a civil action, received the name of 
 TlfiTifjia, because they were eniimated or assessed 
 according to the injury which the public or the in- 
 dividual might respectively liave sustained. Jhe 
 penalty was either fixed by the judge, or merely 
 declared by him according to some estimate made 
 before the cause came into court. In the first case 
 the trial was called dytlip rifi-qTos, in the second 
 case 07^^ aTi'iUTjTos, a distinction which applies to 
 civil as well as U> ciiminal trials. 
 
 It is obvious that on a criminal charge two 
 inquiries have to be made; first, whether the 
 defendant is guilty, secondly, if he be found 
 guilty, what punishment ought to be inflict- 
 ed upon him. It may be advisable to leave the 
 punishment to the discretion of the judge, or it 
 may not. In some cases the Athenian law-giver 
 thought that the judge ought to have no discretion. 
 Thus, in cases of murder and high treason sentence 
 of death was imposed by the law and only pro- 
 nounced by the judge [<i>0'N02, nPOAOisi'A], 
 and in many other cases the punishment was like- 
 wise fixed by the law. But where the exact na- 
 ture of the offence could not be foreseen by the 
 lawgiver, or it might so far vaiy in its character 
 and circumstances as to admit of many degrees of 
 culpability, it might be desirable or even necessary 
 to leave the punishment to the discretion of the 
 judge. The law then directed that the same court 
 which passed sentence on the culprit should forth- 
 with iiuiiose the penalty which his crime deserved. 
 Thus in the vo/xos v€p(ttis (Demosth. e. iMid. 529) 
 it is enacted : orov av Kara'yvifi 7j riKiaia, Tifidrw 
 irepl avTov wapaxp7jp.a, otov dv 5<S|7) a|ioj eivai 
 iroSeic T) aTroTidai, where diroT^aai refers to pecu- 
 niary penalties, TraQuv to any other sort of penalty, 
 as death, imprisonment, &c. Sometimes a special 
 provision was made as to the means of enforcing 
 the punishment ; as in the law last cited, and also 
 in the laws in Demosth. c Timocr. 733, it is de- 
 clared, that if a fine be imposed, the party shall 
 be imprisoned until it is paid. 
 
 In civil causes the sentence by which the Court 
 awarded redress to the injm'ed party woidd vary 
 
 according to the nature of his complaint. Wh 
 he sought to recover an estate in land, or a hoi 
 or any specific thing, as a ring, a horse, a sk 
 nothing fmther was required, than to determine 
 ,whom the estate, the house, or the thing demand 
 of right belonged. [Herbs (Greek) ; 'OIKI' 
 AI'KH.] The same would be the case in an act 
 of debt, XP^"^^ Si'/ct;, where a sum certain was 
 manded ; as for instance, where the plaintiff 1 
 lent a sum of money to the defendant, and at 
 trial no question was made as to the amoi 
 but the dispute was, whether it was a loan 0 
 gift, or whether it had been paid or not. So, in 
 action for breach of contract, if by the terms of 
 contract a certain penalty had been attached to 
 violation, it would be unnecessary to have an 
 quiry of damages, they being already iupiidated 
 the act of the parties themselves. (Demostl 
 Diom/s. 1291. 1296. et argum.) In these : 
 many other similar cases the trial was ari/iTi' 
 On the other hand, wherever the damages wen 
 their nature tt/i/ujiiidated, and no provision 
 been made concerning them either by the law 
 by the agreement of the parties, they were to 
 assessed by the dicasts. 
 
 The following was the course- of proceeding 
 the TifiT]Tol dyajvis. 
 
 Let us suppose that on a criminal prosecul 
 the defendant liad been found guilty. The su[ 
 intending magistrate then called upon the prose 
 tor to say, what punishment he proposed to 
 inflicted on him, and what he had to say the 
 upon. The bill of indictment [eyKXruxa) \ 
 always superscribed with some penalty by 
 person who preferred it. He was said eir.y 
 tpeaOai rlix-q/xa, and the penalty proposed is cal 
 iiriypafjLfjLa. (Demosth. c. Nausim. 985.) ^ 
 find also the expressions iirdyeiv rlfirifia, rtf^io 
 Tai (pivyoi/Ti, -rifxijaiv iroiei(r6ai. When a cha 
 was brought not by a private individual, but b 
 magistrate ex officio, the law required him i i 1 
 manner to write down the penalty which 
 thought the case merited. (Demosth. c. Mm 
 1076.) The prosecutor was now called upsn 
 support the allegation in the indictmimt, and 
 that purpose to mount the platform and addl 
 the dicasts (dvaSaiv^iv eis T'lfirj/xa). 
 
 Here he said whatever occurred to him as lik 
 to aggravate the charge, or incense the cicr 
 against his opponents. He was not bound, h( 
 ever, to abide by the proposal made in the bill, 
 might, if he pleased (with the consent of thecoi 
 ask for a lower penalty than he had demanded 
 fore. This was often done at the request of 
 defendant himself, or of his friends ; sonietu 
 from motives of humanity ; and sometimes fi 
 prudential considerations. If the accusel s 
 mitted to the pmiishment proposed on the ot 
 side, there was no further dispute ; if he tiou 
 it too severe, he made a counter proi)Osition, n; 
 ing the penalty (commonly some pecuniary fii 
 which he considered would satisfy the demand: 
 justice. He was then said avTmixduQai, 
 eavTip Tifioitrflai. (Demosth. c. Tiinoc. 743; c. . 
 cusii: 1252; Aesch. de Fuls. h-cj. 29. ed. Step 
 He was allowed to address the court in mit:gat 
 of punishment ; to say what he could in exten 
 tion of his offence, or to appeal to the mercy of 
 judges. This was frequently done for him by 
 relations and friends ; and it was not unutual 
 a man, who thought himself in peril of life or fi 
 
Tl'MHMA. 
 
 '•I produce his wife and children in court, 
 
 ■ compassion. (Demosth. c. Mid. 573. .575 ; 
 
 M(7-. 793 ; de Fats. Ley. 431. 434 ; c. 
 
 ::78 ; c. Aphoh. 834 ; Aristoph. Vesp. 560.) 
 
 itii parties had been heard, the dicasts were 
 
 Mon to give their verdict. 
 
 occurs a question, about which there has 
 ij. 1 much difference of opinion, and which it is 
 ir ossible to determine with any certainty ; viz. 
 « ther the dicasts, in giving this verdict, were 
 c ined to a choice between the estimates of the 
 0 isiug parties, or whether they had a discretion 
 t( lu ;ird what punishment they pleased. With- 
 
 0 entering upon any controversial discussion, the 
 fi iwiiig appears to the writer the most probable 
 \ \ "t the matter. 
 
 he dicasts had no power of discussing among 
 t II selves, or agreeing upon the fine or penalty to 
 b awarded. Such power was incompatible with 
 t \\ iiiode of voting by ballot. [4'H 'f'05.] At 
 t ^aiiie time it would be absurd to suppose thai 
 t Atliruian court had no means of controlling the 
 
 1 in the exercise of that privilege which the 
 1 ^;ave them, or that it was the common prac- 
 t for the parties to submit widely difterent esti- 
 I (OS to the dicasts, and leave them no altenia- 
 t ■ ljut the extreme of severity on the one side, 
 \ I the extreme of mercy on the other. Many 
 ] siiges in the orators are opposed to such a 
 Vw, and especially the words of Demosthenes, 
 ('A'motr. 737. 
 
 The course of proceeding seems to have been as 
 f ows. The prosecutor usually superscribed his 
 1 irtnient with the highest penalty which the law 
 ' tlu- nature of the case would admit of. In the 
 < Use of the trial there might be various indica- 
 tos on the part of the dicasts of a disposition to 
 four one side or the other. They often exhibit- 
 i their feelings by vehement gestures, clamour, 
 ierruption, and questioning of the parties. It 
 is not unusual for the speakers to make allusions 
 \ the punishment before the first verdict had been 
 Ven. (Aesch. c. Timarcli. 12 ; dc Fals. Leg. 48. 
 
 Steph. ; Demosth. c. Mkl. 523 ; c. Boeot. de 
 it. 1022. 1024; c. Spud. 1033; c. Macari. 1060; 
 I Steph. 1128 ; Plainer, Proc. uml Klarj. i. 384.) 
 1 this enabled both parties to feel the pulse of 
 b court before the time had arrived for the se- 
 'nd verdict. If the prosecutor saw that the 
 'msts were greatly incensed against his opponent, 
 d he himself was not mercifully inclined, he 
 buld persist in asking for the highest penalty. 
 ' he was himself disposed to be merciful, or 
 ought that the dicasts were, he would relax in 
 s demand. Similar views would prevent the de- 
 'ndant from asking for too small a penalty, or 
 ould induce him to effect a compromise (if pos- 
 ble) with his opponent. We may reasonably 
 ippose, that it was competent for the prosecutor 
 
 mitigate his demand at any time before the 
 agistrate called on the dicasts to divide ; but not 
 ter, without the consent of the court. (Demosth. 
 
 Nicoatrut. 1252, 1254; c. Theocrbi. 1343; c. 
 haer. 1347.) If the parties were endeavouring 
 ' come to an arrangement, the court would give 
 lem a reasonable time for that purpose ; and there 
 reason to believe, that the petitions addressed 
 y the defendant or his friends to the prosecutor 
 ere made aloud in the hearing of the dicasts. 
 s to the suggested explanation of rijiav rriv 
 ^Kpau, see SKH"*05. We cannot doubt that in 
 
 Tl'MHMA. 
 
 971 
 
 case of heinous otiences, or those which immedi- 
 ately concerned the state, the court would not per- 
 mit of a compromise between the opposing parties ; 
 but in ordinary cases, a public prosecuior was 
 looked on by the Athenians much in the light of a 
 plaintiff, especially where his object was to obtain 
 some penalty given by the law to an informer. 
 When the parties could not come to terms, the 
 dicasts, after hearing what each of them had to 
 say, divided on their respective propositions, and 
 the majority of votes detennined the penalty. 
 (Platner, Proc. and Klag. i. 198-202 ; Meier, Alt. 
 Proc. 178-182.) 
 
 The course thus pursued at Athens must have 
 led to injustice occasionally, but was, perhaps, the 
 only course that could be adopted with so large a 
 number of judges. Aristotle tells us, that Hippo- 
 daraus of Miletus (who, no doubt, perceived the 
 evils of this system,) proposed that the verdict 
 should not be given by ballot (5i(i tpricpotpopias), 
 but that each judge should bring in a tablet with 
 a special statement of his opinion ; upon which 
 proposal Aristotle remarks, that its effect would be 
 to make each judge a 5ioiT7)Trij: that it was an 
 object with most of the ancient lawgivers, that the 
 judges should not confer with each other [koipo- 
 \oywvTai), and then he comments on the confusion 
 that would arise, if the judge were allowed to 
 propose a penalty different from that submitted 
 to him by the parties. (Arist. Pulit. ii. c. 5. s. 
 3. 8. 9.) 
 
 As a general rule, only one penalty could be im- 
 posed by the court, though the law sometimes gave 
 more than one. (Demosth. c. Lept. 504 ; c. Neaer. 
 1363.) Sometimes the law expressly empowered 
 the jury to impose an additional penalty {irpotni- 
 fiVfJ-a) besides the ordinary one. Here the pro- 
 position emanated from the jury themselves, any 
 one of whom might move that the punishment al- 
 lowed by the law should be awarded. He was 
 said TtpoUTifiaadai, and the whole dicasts, if (upon 
 a division) they adopted his proposal, were said 
 irpoaTiixav. (Demosth. f. Zi;«ocv. 733 ; Meier, ^i/. 
 Proc. 183. 725.) We may observe, that the pro- 
 position Ttpos in the verb irpoirT tp-av does not 
 always imply that a second penalty is imposed, but 
 is sometimes used with reference to other matters, 
 as in Demosth. c. Arislog. 790. 
 
 In private actions the course of proceeding with 
 respect to the assessment of damages was much the 
 same as described above. In some cases, where 
 the plaintiff's demand was made up of several 
 charges, or arose out of various matters, he would 
 give in his bill of plaint a detailed account, specify- 
 ing the items, &c., instead of including them in 
 one gross estimate. This seems to have been con- 
 sidered the fairer method, and may be compared 
 to our bill of partk-ulars, which the plaintiff de- 
 livers to the defendant. (Demosth. c. Ap/iob. 853.) 
 The liability of the plaintiff to the iiriogeXia, which 
 was calculated upon the sum demanded, operated 
 as a check upon exorbitant demands, in addition 
 to that which we have already noticed. (Btickh. 
 Staatsh. der Allien, i. 388.) 
 
 The Trpo(TTipr](Tis rarely occurred in private ac- 
 tions, except in those where the wrongful act com- 
 plained of had the character of a public offence, as 
 in the S'tKn ^pevSofiapropMu. [MAPTTPI'A.] 
 
 As to the amount of revenue derived by the 
 Athenians from public I'.nes, see Bdckh, Staatsh. 
 der Atlicn. i. 402." (kc. 
 
972 TINTINNABULUM. 
 
 TITII SODALES. 
 
 As to Tifi-qtm in the sense of tlixt rateaUc valice 
 of property witli reference to the Athenian pro- 
 perty tax, see 'EI2<f>OPA'. [C. R. K.] 
 
 TINTINNABULUM {kwZwv), a bell. Bells 
 were used for a great variety of purposes amongthe 
 Greeks and Romans, which it is unnecessary to 
 particularize here. One use, however, of them, 
 for the purpose of keeping watch and ward in the 
 fortified cities of Greece, deserves mention. (Thucyd. 
 iv. 135 ; Aristoph. An-s, 843. 1159 ; Schol. in luc.) 
 A guard {(piiKa^) being stationed in every tower, a 
 ■jTepl-n-oKos (see p. 3fi5) walked to and fro on the 
 portion of the wall between two towers. It was 
 his duty to carry the bell, which he received from 
 the guard at one tower, to deliver it to the guard 
 at the next tower, and then to return, so that the 
 bell by passing from hand to hand made the circuit 
 of the city. By this arrangement it was discovered 
 if any guard was absent from his post, or did not 
 answer to the bell in consequence of being asleep. 
 Hence to prove or try a person was called KuSafi- 
 feif ( Aelian, H.A. xvi. 25) ; to perform the office 
 of patrole was Koi^wvo(j>opeiv. 
 
 The forms of bells were various in proportion to 
 the multiplicity of their applications. In the Mu- 
 seum at Naples are some of the form which we 
 call bell-shaped ; others are more like a Chinese 
 gong. The bell, fig. I in the annexed woodcut, is 
 a simple disk of bell-metal ; it is represented in a 
 painting as hanging from the branch of a tree. 
 ( Bartoli, Sep. Ant. 1 3.) Figure 2 represents a bell 
 of the same form, but with a circular hole in the 
 centre, and a clapper attached to it by a chain. 
 This is in the Museum at Naples, as well as the 
 bell, fig. 3, which in form is exactly like those still 
 commonly used in Italy to be attached to the necks 
 of sheep, goats, and oxen. Fig. 4 is represented 
 on one of Sir W. Hamilton's vases (i. 43) as car- 
 ried by a man in the garb of Pan, and probably 
 for the purpose of lustration. (Theocrit. ii. 36 ; 
 Schol. in he.) Fig. 5 is a bell, or rsvther a collec- 
 tion of twelve bells suspended in a frame, which is 
 preserved in the Antiquariura at Munich. This 
 
 jingling instrum_ent, as well as that represented 
 fig. 6 (from Bartoli, Lttc. Sep. ii. 23), may h 
 been used at sacrifices, in Bacchanalian processii 
 or for lustration. Fig. 7 is a fragment of anci 
 sculpture, representing the manner in which b 
 were attached to the collars of chariot-hor 
 (Ginzrot, iiher War/en, ii. pi. 57.) [J. Y. 
 
 TIRO'CINIUM. [Tiro.] 
 TIRO was the name given by the Romans i 
 newly enlisted soldier, as opposed to veteranus, 
 who had had experience in war. (Caesar, 
 iii. 28.) The mode of levying troops is descril 
 under Army, p. 93. The age at which the liabil 
 to military service commenced was 17. 
 
 From their first enrolment the Roman soldii 
 when not actually serving against an enemy, w 
 perpetually occupied in military exercises. Tl 
 were exercised every day (Veget. i. 1), the tiro, 
 twice, in the morning and afternoon, and the vc 
 rani once. The exercises included not only i 
 use of their weapons, and tactics properly so call 
 but also whatever could tend to increase th 
 strength and activity, and especially carrying h 
 thens and enduring toil. Vegetius (i. 9 — 27) ei 
 merates among the exercises of the tirones mar 
 ing, running, leaping, swimming, carrying i 
 shield, fighting at a post [Palus], thrusting w 
 the sword in preference to striking, using th 
 armour, hurling spears and javelins, shooting . 
 rows, throwing stones and leaden bullets, leapi 
 on and off their horses, carrying weights, fortifyi 
 the camp, and forming the line of battle. 
 
 Vegetius also gives rules for choosing tirones : 
 cording to their country, their being rustics 
 townsmen, their age, stature, personal appearani 
 and previous occupation (i. c. 2 — 8). But th( 
 rules refer almost exclusively to the state of thin 
 under the emperors, when the array was no long 
 recruited from the citizens of Rome, but from t 
 inhabitants of the provinces. 
 
 At this period the tiro, when approved as fit I 
 the army, was branded or tatooed in the hand wi 
 a mark {dirpnuta ; panda siynorum), which Lipsi 
 conjectures to have been the name of the empero 
 
 The state of a tiro was called tirocinium ; and 
 soldier who had attained skill in his profession w 
 then said tirocinium poncre, or deponere. (Justi 
 xii. 4 ; ix. I.) 
 
 ( Lipsius, de Milit. Roman, in Opcr. iii. p. 32, 3 
 184. 193—197.) 
 
 In civil life the terms tiro and tirocinium we 
 applied to the assumption of the toga virilis, whii 
 was called tirocinium fori [ToG.\], and to the fir 
 appearance of an orator at the rostrum, tirociniv 
 cloijuenliac. (Senec. Proem. 1. ii.) [P. S.] 
 
 TIQHNI'AIA, a festival celebrated at Sparta 1 
 the nurses who had the care of the male childn 
 of the citizens. On this occasion the nurses (titSo 
 carried the little boys out of the city to the tei 
 pie of Artemis surnaracd Corythalia, which w 
 situated on the bank of the stream Tiassus in tl 
 district of Cleta. Here the nurses sacrificed sue 
 ing pigs on behalf of the children, and then had 
 feast, probably of the meat of the victims, wi 
 which tliey ate bread baked in an oven (iTrfiTi 
 dpTovs, Athen. iv. p. 139; comp. Pint. Qmiest. C< 
 vii. p. 211. Wyttenb.). [L. S.] 
 
 TI'TII SODA'LES, a sodalitas or college 
 priests at Rome, who represented the second tril 
 of the Romans, or the Titles, that is, the Sabine 
 who after their union with the Ramnes or Latir 
 
TOGA. 
 
 TOGA. 
 
 973 
 
 nued to perform their o\vn ancient Sahine 
 ^^ . To superintend and preserve these, T.'I'atius 
 s id to iiave instituted the Titii sodak's. (Tacit. 
 I /'. i. 54.) In another passage {Hist. ii. 95) 
 . ;us describes this sacerdotium in a somewhat 
 i rent manner, inasmuch as he says that it was 
 1 tuted by Romulus in honour of king Tatius, 
 I after his death was worshipped as a god. But j 
 
 h, account seems only to mean that Romulus after 
 h k'ath of Tatius sanctioned the institution of his j 
 1 1 -nrague and made the worship of Tatius aj 
 ; ni the Sabine sacra. From Varro (<le Liu;;. 
 '. V. ii5. ed. Miiller), who derives the name , 
 • ilr- Titii from Titiae aves which were observed 
 I- hese priests in certain auguries, it appears that 
 f e priests also preserved the ancient Sabine au- 
 1 :>s distinct from those of the other tribes. Dur- 
 ; till- time of the republic the Titii sodales are 
 1 liii^iT mentioned, as the worships of the three 
 1 Ill-came gradually united into one common 
 
 i iii. (Ambrosch, 5terfic« ?(. .4 jk/c?;/. p. 192, &c.) 
 
 Il l' the empire we again meet with a college of 
 1 bearing the name of Sodales Titii or Titienses, 
 I acerdotes Titiales Flaviales ; but they had no- 
 l.g to do with the sacra of the ancient tribe of 
 J Titles, but were priests instituted to conduct 
 ] worship of an emperor, like the Augustales. 
 
 i. uter, Inscript. xix. 4; ccciv. 9; cccxcvi. 1; 
 
 i ;ript. ap. Murat. 299. 5 ; comp. Lucan. Phars. 
 
 .02.) [Augustales.] [L. S.] 
 
 'TTIES or TITIENSES. [Patricii, p. 726.] 
 '0'K02. [Interest of Money.] 
 "O'KOI NATTIKOl'. [Interest op Money, 
 
 .,.24.] 
 
 ifOGA (xTigevTOs), a gown, the name of the 
 »icipal outer garment worn by the Romans, is 
 lived by Varro from icgere, because it covered 
 whole body (v. 144. ed. Miiller). Gellius 
 [ . 12) states that at first it was worn alone 
 (hout the tunic. [Tunica.] Whatever may 
 I' liren the first origin of this dress, which some 
 r til the Lydians, it seems to have been re- 
 I'll by the Romans from the Etruscans, for it is 
 ^ n nil p^truscan works of art as the only covering 
 file body, and the toga praete-jeta is expressly 
 ■ i t I liave been derived from the Etruscans. I 
 : 1. 8 ; Plin. H. N. viii. 48 or 74 ; MUUer, 
 I '««/,<')•, i. p. 262.) 
 
 The toga was the peculiar distinction of the Rn- 
 I ns, who were thence called tofiati or gens togata. 
 ii-. Aen. i. 282; Martial, xiv. 124.) It was 
 finally worn only in Rome itself, and the use of 
 1 .vas forbidden alike to exiles and to foreigners. 
 Ilin. iv. 1 1 ; Suet. CVo(/rf. 15.) Gradually, 
 Iwever, it went out of common use, and was sup- 
 
 I nted by the Pallium and lacerna, or else it was 
 m in public under the lacerna. (Suet. Aug. 40.) 
 ACERNA.] But it was still used by the upper 
 ^se^. who regarded it as an honourable distinc- 
 
 II (I 'ic. Philip, ii. 30), in the courts of justice, 
 tlicnts when they received the Sportula 
 
 lanial, xiv. 125), and in the theatre or at the 
 iiies, at least when the emperor was present, 
 net. Claud. 6 ; Lamprid. Commod. 16.) Under 
 exander Severus guests at the emperor's table 
 ■re expected to appear in the toga. (Lamprid. 
 cer. 1.) 
 
 The form of the toga, and the manner of wear- 
 J it, are matters which are much disputed, and 
 out which indeed it seems almost impossible, 
 |th our present information, to arrive at certainty. 
 
 The form was, undoubtedly, in some sense round 
 (Quintil. xi. 3. § 137 ; Isid. Orig. xix. 24), semi- 
 circular according to Dionysius' (iii. 61), who calls 
 it vfpiSoKawv riixiKVKKiov. It seems, however, 
 impossible, from the way in which it was worn, 
 that it could have been always a semicircle. Such 
 may' perhaps have been its form as worn in the 
 most ancient times, when it had no great fulness ; 
 but to account for the numerous folds in which it 
 was afterwards worn, we must suppose it to have 
 had a greater breadth in proportion to its length, 
 that is, to have been a smaller segment than a 
 semicircle. Probably the size of the segment which 
 the toga formed (on which its fulness depended) 
 was determined by the fashion of the time or the 
 taste of the wearer. This appears to be the tnie 
 explanation of Quintilian's words (xi. 3. § 139), 
 " Ipsam togam rotundara, et apte cacsam velim," 
 which could have no meaning if nothing more were 
 required than to give the ganuent the very simple 
 form of a semicircle. The only other point to be 
 noticed respecting the form of the toga, is the 
 question whether, when it came to be worn in 
 many complicated folds, the art of the tailor may 
 not have been employed to keep these folds in 
 their position. This question, however, belongs 
 more properly to the mode of wearing the toga. 
 
 On this subject our principal information is de- 
 rived from Quintilian (xi. 3. § 137, &c.) and Ter- 
 tullian (rfe Pallio), whose statements, however, refer 
 to the later and more complicated mode of wearing 
 the garment, and from statues in Romaii costume. 
 
 Frequent reference is made to the Sinus of the 
 toga. This was a portion of the garment, which 
 hung down in front of the body, like a sling ; it 
 will be more fully explained presently. 
 
 We must make a clear distinction between the 
 more ancient and simpler mode of wearing the 
 toga, and the full form, with many complicated 
 folds, in which it was worn at a later period. 
 
 Quintilian (xi. 3. § 137) says that the ancients 
 had no aimis, and that afterwards the sinuses were 
 very short. The passage in Livy (xxi. 18. sinu ex 
 taga facto, iterum sinu ejfuso) seems to refer 
 not to thv sinus, technically so called, but a 
 sinus which Fabius made at the moment by gath- 
 ering up some part of his toga. 
 
 The ancient mode of wearing the toga is shown 
 in the following cut, which is taken from the 
 
974 
 
 TOGA. 
 
 TOGA. 
 
 Augusteum, pi. 117 (Becker, (raZ/as, vol. ii. p. 83), 
 and represents a statue at Dresden. 
 
 Let the toga, which in this case was probably 
 not far from an exact semicircle, be held behind 
 the figure, with the curved edge downwards. First, 
 one corner is thrown over the left shoulder ; then 
 the other part of the garment is placed on the right 
 shoulder, thus entirely covering the back and the 
 right side up to the neck. It is then passed over 
 the front of the body, leaving very little of the 
 chest uncovered, and reaching below nearly to the 
 feet (in the .figure, quite to one of them). The re- 
 maining end, or corner, is then thrown back over 
 the left shoulder, in such a manner as to cover the 
 greater part of the arm. By this arrangement the 
 right arm is covered by the garment, a circumstance 
 noticed by Quintilian (§ 138) ; but it was occa- 
 sionally released by throwing the toga oflf the right 
 shoulder and leaving it to be supported on the left 
 alone. The portion of the toga which, in the 
 figure, hangs down from the chest, if it be a sinus, 
 is certainly of the kind described by Quintilian as 
 pcrquam hrevis. 
 
 The next cut represents the later mode of wear- 
 ing the toga, and is taken from an engraving in 
 the M'lseo Borhonico (vi. tav. 41) of a statue found 
 at Herculaneum. 
 
 By comparing this and other statues with the 
 description of Quintilian, we may conclude that the 
 mode of wearing the toga was something like the 
 following : — 
 
 First, as above remarked, the form in this case 
 was a segment less than a semicircle. As before, 
 the curved side was the lower, and one end of the 
 garment was thrown over the left shoulder, and 
 hung down in front, but much lower than in the 
 former case. This seems to be the part which 
 Quintilian (§ 139) says should reach down half- 
 way between the knee and the ankle. In our 
 figure it reaches to the feet, and in some statues it 
 is even seen lying on the ground. The garment 
 was then placed over the back, as in the older 
 mode of wearing it, but instead of covering the 
 right shoulder, it was brought round under the 
 right arm to the front of the body. This is the 
 most difficult part of the dress to explain. Quin- 
 tilian says (g 140): — "Sinus decentissimus, si 
 aliquanto supra imam togam fuerit, nunquam certe 
 sit inferior. Ille, qui sub humero dextro ad sinis- 
 
 trura oblique ducitur velut balteus, nec strans 
 nee fluat." Becker's explanation of this ma 
 seems perfectly satisfactory. He supposes that 
 toga, when carried under the right arm, was t 
 folded in two parts ; one edge (namely, the lo 
 or round edge) was then brought almost close 
 der the arm, and drawn, but not tightly, across 
 chest to the left shoulder, forming the velut bal 
 of Quintilian, while the other part was allowei 
 fall gracefully over the lower part of the be 
 forming the sinus, and then the remaining em 
 the garment was thrown over the left sliouli 
 and hung down nearly as low as the other c 
 which was first put on. It is to this part t 
 Quintilian seems to refer when he says (§ 140) 
 " Pars togae, quae postea imponitur, sit inferi 
 nam ita et sedet melius, et continetur but 
 true application of these words is very doubt 
 By the bottom of the toga {imam togam) in 
 above quotation, he seems to mean the end of 
 toga first put on. Tlie part last thrown over 
 left shoulder, as well as the end first put on, co^ 
 ed the arm, as in the older mode of wearing 
 garment. The outer edge {extrema ora) of 1 
 part ought not, says Quintilian (§ 140), to 
 thrown back. He adds (§ 141 ), " Super quod (; 
 sinistrum brachium) ora ex toga duplex aequali 
 sedeat," by which he probably means that the ei 
 of this portion should coincide with the edge of 
 end which was first thrown over the left shoulc 
 and which is of course covered by this portion 
 the garment. He says (§ 141) that the shouli 
 and the whole of the throat ought not to be cot 
 ed, otherwise the dress will become narrow a 
 lose that dignity which consists in width of chi 
 This direction appears to mean that the p 
 brought across the chest {velut balteus) should i 
 be drawn too tight. 
 
 Tassels or balls are seen attached to the ends 
 the toga, which may have served to keep it in 
 place by their weight, or may have been men 
 ornaments. 
 
 There is one point which still remains to be i 
 plained. In the figure a mass of folds is seen 
 the middle of the part of the toga drawn across ( 
 chest {i^elut balteus). This is the umbo mentior 
 by Tertullian {tie Pallio, 5), and used by Pers 
 for the toga itself {Sat. v. 33). It was eithei 
 portion of the balteus itself, formed by allowing t 
 part of the garment to hang loose (which perhi 
 it must have done, as it is the curved, and thcref 
 longer edge that is thus drawn across the ches 
 and then gathering it up in folds and tucking thi 
 folds in, as in the figure, or else (which seems I 
 better explanation) the folds which composed 
 were drawn out from the sinus, and cither 
 themselves, or with the loose folds of the bulte 
 formed the umjio. It seems to have been secui 
 by passing the end of it under the girdle of t 
 tunic ; and perhaps this is what Quintilian mea 
 by the words (§ 140), " Subducenda etiam p£ 
 aliqua tunicae, ne ad lacertum in actu redeat." 
 
 The back of the figui'e, which is not seen in o 
 engravings, was simply covered with the part 
 the garment which was drawn across it, and whii 
 in the ancient mode of wearing it, reached down 
 the heels. (Quintil. § 143.) Quintilian states h( 
 low it was worn in his time, but the meaning 
 his words is very obscure (§ 139 : " pars ej 
 prior mediis cruribus optime terminatur, poster 
 eadem portione altius qua cinctura." See above) 
 
TOGA. 
 
 TOGA. 
 
 975 
 
 . garment of the supposed shape of the toga, 
 on according to the above description, has 
 I found bj' the writer of this article to present 
 ppearance exactly like that of the toga as seen 
 tatues, and Becker states that he has made simi- 
 Bfixperiments with equally satisfactory results. 
 
 ertullian [de Pullio, 5) contrasts the simplicity 
 ri'he Pallium with the complication of the toga, 
 u-i his remarks apply very well to the above de- 
 •■( iti"ii. It appears by his account that the folds 
 iinho were arranged before the dress was 
 ;ind fixed in their places by pins or hooks ; 
 ■rally speaking it does not seem that the 
 !^ held on by any fastening: indeed the 
 , may be inferred from Quintilian's direc- 
 i'. til an orator for the management of his toga 
 u -peaking (§ 144—14!)). ' 
 
 line is seen on many statues a mode of wear- 
 II tlio toga which resembles the more ancient 
 in having neither sinus nor ii7iibo, and the 
 in having the garment carried under in- 
 I over the right arm. This is in fact no- 
 imre than the ancient fashion with the right 
 I lilt out of the garment, a mode of wearing it 
 wch would naturally be often adopted for con- 
 r ience. 
 
 Another mode of wearing the toga was the 
 i; -Ins Gabinus. It consisted in forming a part of 
 toga itself into a girdle, by drawing its outer 
 e e round the body and tying it in a knot in 
 f It, and at the same time covering the head with 
 n ther portion of the garment. It was worn by 
 f -:)iis offering sacrifices (Liv. v. 46 ; Lucan, i. 
 
 i ), liy the consul when he declared war (Virg. 
 . /. vii. 612), and by devoted persons, as in the 
 L ■ of Decius. (Liv. v. 46.) Its origin was 
 1 UM-an, as its name implies (Servius iit Virg. I.e. ; 
 ^Mler, Etrusker, i. 265 ; Thiersch in Annal.Aead. 
 Jrtjr. i. p. 29, quoted by MUller, Annot. ad 
 J 'III III. p. 225). Festus (/. c.) speaks of an army 
 r lit to fight being girt with the cinctus Gabinus. 
 1 Miiis wearing this dress were said to be procindi 
 ( inciiicti) cinchi (or ritu) (lahino. 
 
 The colour of the toga worn by men {toga 
 iHis) was generalh' white, that is, the natural 
 cpur of white wool. Hence it was called pura or 
 I'imentuin purum, in opposition to the pnietexta 
 fintioned below. A brighter white was given 
 tthe toga of candidates for offices {ca/ididali from 
 ) ir ioga Candida) by rubbing it with chalk. 
 ' 1 re is an allusion to this custom in the phrase 
 I liiln amhitiM. (Pers. V. 177.) White togas are 
 ( Ml mentioned as worn at festivals, which does 
 I imply that they were not worn commonly, but 
 lit new or fresh-cleaned togas were first put on 
 ifi-itivals. (See Lipsius Elect, i. 13, in Oper. vol. 
 iji. 'J.iti, 257.) The toga was kept white and 
 I m by the fuller [Fullo]. When this was 
 
 alerted, the toga was called sordida, and 
 - ' who wore such garments sordidati. This 
 -~. (with disarranged hair and other marks 
 1 ii-iuiler about the person.) was worn by accused 
 
 ■.'i]i>. as in the case ofCicero. (Plut. Cic. 30, 31 ; 
 
 "/ Cass, xxxviii. 16 ; Liv. vi. 20.) The toga 
 I'I'i. which was of the natural colour of black 
 
 111. was worn in private mourning, and some- 
 
 ir- also by artificers and others of the lower 
 'li rs. (See the passages in Forcellini, s. r. P alius ; 
 
 illatus.) The toga picta, which was oma- 
 i-nted with Phrygian embroidery, was worn by 
 
 lerals in triumphs [Triumphus], and under the 
 
 emperors by the consuls, and by the praetors when 
 they celebrated the games. It was also called 
 Capitolina. (Lamprid. Alcr. Sever, c. 40.) The 
 toga palmata was a kind of toga picta. The 
 toga praeteaia had a broad purple border. It was 
 worn with the Bulla, by children of both sexes. 
 It was also worn by magistrates, both tiiose of 
 Rome, and those of the colonies and municipia ; by 
 the sacerdotes, and by persons engaged in sacred 
 rites or paying vows. (Liv. xxxiv. 7 ; Festus, v. 
 Praete-xta jmlla.) Among those who possessed the 
 jus togae praetextae habendae, the following may be 
 more particularly mentioned : the dictator, the 
 consuls, the praetors (who laid aside the praeti^xta 
 when about to coiuleran a Roman citizen to death), 
 the augurs (who, however, are supposed by some 
 to have woni the trabea), the decemviri sacris 
 faciundis [Decemviri], the aediles, the triumviri 
 epulones, the senators on festival daj's (Cic. Phil. 
 ii. 43), the magistri collegii, and the magistri 
 vicorum when celebrating games. [Magister.] 
 In the case of the tribuni plebis, censors, and 
 quaestors there is some doul)t upon the subject. 
 The praetcrta pulla might only be worn at the 
 celebration of a funeral. (Festus. I. c.) 
 
 Tlie toga praetexta, as has been above remarked, 
 is said to have been derived from the Etrascans. 
 It is said to have been first adopted, with the latus 
 clavus [Clavus Latus], by Tullus Hostilius as 
 the royal robe, whence its use by the magistrates 
 in the" republic. (Plin. //. A^. ix. 39. s. 63.) Ac- 
 cording to jNIacrobius (Sat. ii. 6) the toga intro- 
 duced b}' Hostilius was not only praete.vta but also 
 picta. Pliny states (H. N. viii. 48. s. 74) that the 
 toga regia imdulata (that is, apparentlj', embroi- 
 dered with waving lines or bands) which had been 
 worn by Servius TuUius was preserved in the tem- 
 ple of Fortune. The toga praetexta and the bulla 
 aurea were first given to boys in the case of the 
 son of Tarquinius Priscus, who at the age of four- 
 teen, in the Sabine war, slew an enemy with his 
 own hand. (Macrob. /. r., where other particulars 
 respecting the use of the toga praetexta may be 
 found.) Respecting the leaving oft' of tlie toga 
 praetexta and the assumption of the toga virilis, see 
 Impubes, Bulla, Clavus Latus. The occasion 
 was celebrated with great rejoicings by the friends 
 of the youth, who attended him in a solemn pro- 
 cession to the Forum and Capitol. (Valer. Max. v. 
 4. § 4.) This assumption of the toga virilis was 
 called tirocinium fori, as being the young man's 
 introduction to public life, and the solemnities at- 
 tending it are called by Pliny {Epist. i. 9) officium 
 togae. virilis, and by TertuUian {de Idolol. c. 16) 
 solemnitates togae. The toga virilis is called libera 
 by Ovid {Fasti, \ii. 771). Girls wore the praetexta 
 till their marriage. 
 
 The trabea was a toga ornamented with purple 
 horizontal stripes. Servius {ad Aen. vii. 612) men- 
 tions three kinds of trabea ; one wholly of purple, 
 which was sacred to the gods, another of purple 
 and white, and another of purple and saffron which 
 belonged to augurs. The purple and white trabea 
 was a royal robe, and is assigned to the Latin and 
 early Roman kings, especially to Romulus. (Plin. 
 viii." 49; ix. 39; Virg. Aen. vii. 187; xi. 334; 
 Ovid, Fast. ii. 504.) It was worn by the consuls 
 in public solemnities, such as opening the temple 
 of Janus. (Virg. vii. 612 ; Chudian, in Rufin. 
 i. 249.) The equites wore it at the tratisvectio and 
 in other public solemnities. (Valer. Max. ii. 2 ; 
 
976 
 
 TORCULUM. 
 
 TORMENTUM. 
 
 Tacit. Ann. iii. 2.) Hence the tmhea is mentione'd 
 as the badge of the equestrian order. Lastly, the 
 toga worn by the Roman emperors was wholly of 
 purple. It appears to have been first assumed by 
 Julius Caesar. (Cic. Philip, ii. .34.) 
 
 The material of which the toga was commonly 
 made was wool. It was sometimes thick and 
 sometimes thin. The former was the to<ja densa, 
 pimjuis, or hirta. (Suet. Auii. 82 ; Quintil. xii. 10.) 
 A new toga, with the nap neither worn off nor cut 
 close was called peaa, to which is opposed the trita 
 or rasa, which was used as a summer dress. (Mar- 
 tial, ii. 85.) On the use of silk for togas see 
 Sericum. 
 
 It only remains to speak of the use of the toga. 
 It was originally worn by both se.xes ; but when 
 the stola came to be worn by matrons, the toga was 
 only worn by the meretrices and by women who 
 had been divorced on account of adultery. [Stola.] 
 Before the use of the toga became almost restricted 
 to the upper classes, their toga was only distin- 
 guished from that of the lower classes by being 
 fuller and more expensive. In war it was laid 
 aside and replaced by the Paludamentum and 
 Sagum. Hence togatus is opposed to miles. The 
 toga was, however, sometimes used by soldiers, but 
 not in battle, nor as their ordinary dress ; but ra- 
 ther as a cloak or blanket. It was chiefly worn in 
 Rome, and hence togatus is opposed to rusticus. 
 The toga was often used as a covering in sleeping ; 
 and lastly, as a shroud for the corpse. 
 
 (Becker, Callus, ii. p. 78 — 88 ; Ferrarius, /l(t Re 
 Vestiaria; Rubenius, de Be Vest.) [P. S.] 
 
 TOGA'TA FA'BULA. [Comoedia, p. 278.] 
 
 TOMA'CULUM. [Botulus.] 
 
 TONSOR. [Barba.] 
 
 TOPIA'RIUS. [HoRTUS.] 
 
 TORA'LIA. [Torus.] 
 
 TO'RCULUMorTO'RCULAR(AWs),apress 
 for making wine and oil. When the grapes were 
 ripe {aTa<pvM}), the bunches were gathered, any 
 which remained unripe {6ij,(pa^) or had become dry 
 or rotten were carefullj' removed (Geopun. vi. 11) 
 [FoRFEx], and the rest carried from the vuieyard 
 in deep baskets {quali, Virg. Georg. ii. 241 ; 
 TaXdpoi, Hes. Scut. 296 ; dpfiixoi, Longus, ii. 1 ; 
 Kotptfot, Geopon. I. c.) to be poured into a shallow 
 vat. In this they were immediately trodden by 
 men, who had the lower part of their bodies naked 
 (Virg. Georg. ii. 7), except that they wore drawers 
 [StiBLiG.iCULUM]. At least two persons usually 
 trod the grapes together. 'I'o " tread the wine- 
 press alone" indicated desolation and distress. (Is. 
 Ixiii. 3.) The Egyptian paintings (Wilkinson, 
 Man. and Cust. ii. p. 1S2 — 1.57) exhibit as many 
 as seven treading in the same vat, and supporting 
 themselves by taking hold of ropes or poles placed 
 above their heads. From the size of the Greek 
 and Roman vats there can be no doubt that the 
 company of treaders was often still more numerous. 
 To prevent confusion and to animate them in their 
 labour they moved in time or danced, as is seen in 
 the ancient mosaics of the church of St. Constantia 
 at Rome, sometimes also leaning upon one another. 
 The preceding circumstances are illustrated in the 
 following woodcut, taken from a bas-relief. {Mon. 
 Matth. iii. tab. 45.) An antefixa in the British 
 Museum (Combe, Terra-coiias, No. 59) shows 
 a person by the side of the vat performing during 
 this act on the scahcllum and tibiae pares, for the 
 purpose of aiding and regulating the movements of 
 
 those in it. Besides this instrumental music i 
 were cheered with a song, called fiikos eviMi 
 (Athen. V. p. 199. a.) or v/ivos iviX-qvLOs, specie 
 of which may be seen in Anacreon (Ude xvii. 1. 
 Iii. and Tirunck, A9ial. ii. 239. See Jacobs, «</ 
 compare Theocrit. vii. 25). After the grapes 
 been trodden sufficiently, they were suljjectei 
 the more powerful pressure of a thick and ht 
 beam [Prelum] for the purpose of obtaininj 
 the juice yet remaining in them. (Vitruv. x 
 Virg. Georg. ii. 242 ; Servius iit loe. ; Hor. O. 
 i. 20. 9.) Instead of a beam acted on by wed 
 a press with a screw [Cochlea] was someti 
 used for the same purpose. (Vitmv. vi. 6; I 
 //. A'^ xviii. 31. s. 74.) A strainer or colar 
 [Colum] was employed to clear the must f 
 solid particles, as it flowed from the vat. 
 
 The preceding woodcut shows the aperturei 
 the bottom of the vat, by which the must {mud 
 yKevKOi) was discharged, and the method of 
 ceiving it, when the vat was small, in wide-mout 
 jars, which when full were carried away to he ci 
 tied into casks {doiia, ttlSoI, Longus, ii. 1, 
 [Dolium.] When the vinej'ard was exteii: 
 and the vat large in proportion, the must flo' 
 into another vat of corresponding size, which ' 
 sunk below the level of the ground, and there: 
 called UTroAijvioc (Mark, xii. 1 ; Geopon. vi. 1. 1 
 in Latin laeus. (Ovid, Fast. v. 888 ; Plin. Epist 
 20 ; Colum. de Re Rust. xii. 18.) 
 
 From \t]u6s Bacchus was called Z/(;?(««ms(At)1'oI 
 The festival of the Lenaea. was celebrated on 
 spot where the first Attic wine-press was said 
 have been constructed. [Dionysia, p. 341, 34': 
 
 Olives as well as gi'apes were subjected to 
 prelum for the sake of their oil (Plin. H. N. xv 
 s. 2) ; but instead of being trodden, they were 1 
 bruised, so as to express a great part of the oil 
 a mill called trapetum, which resembled our cic 
 mill. 
 
 The building- erected to contain all the ves: 
 and other implements {torcula vasa, Varro, de 
 Rust. iii. 2) for olitaining both wine and oil ' 
 called torcu/arium (Cato, de Re Rust. 12, 13. 
 Col. de Re Rust. xii. 1!!) and Krjv^dHv (Geopon. 
 I). It was situated near the kitchen and 
 wine-cellar. (Vitmv. vi. 6.) [J. Y., 
 
 TOPETTIKH'. [Bronze, p. 167.] 
 TORMENTUM {a.<pertlpia Spyava), a milit 
 engine. All the missiles used in war, except tli 
 thrown from the sling [FuNDA],are projected eit 
 by the hand alone or with the aid of elastic subst 
 ces. Of elastic instruments the bow [ Arcus] is s 
 
I TORMENTUM. 
 
 oil by many nations. But the tnrmentitm, so 
 c >d from the twistini; (iortj^icndo) of hairs, thongs 
 a vcfretable fibres (Polyb. iv. 5()), has fallen into 
 djise through the discovery of gunpowder. The 
 vid tiirmeutum is often used by itself to denote 
 efincs of various kinds. (Cic. Ep. wl Div. xv. 4 ; 
 C' sar, B. Civ. iii. 44, 45 ; B. A/ea: 10 ; Liv. xx. 
 1 ! VeU. Paterc. ii. 82 ; Curt. iv. !). 16.) Often 
 a'l these engines are specified separately under 
 tj names of Balistae and Ca?(//)«ft<'p, which names 
 b ^ever most commonly occur together in the ac- 
 c nts of sieges and otlier military operations, be- 
 c 56 the two kinds of engines denoted by them 
 (J e almost always used in conjunction. [IIele- 
 p'.is.] The balista (Trerpo&rfAos) Avas used to 
 s ot stones (Ovid. Trist. i. "2. 41i ; Lucan, \\. 198 ; 
 hi. Marc. p. 555. ed. Merceri), the catapulta 
 ( TaTreATT/r, /caToireATi/CTj) to project darts, espe- 
 c ly the Falarica [II.^sta, p. 4G9] and a kind of 
 Djsile, 4^ feet long, called trifa.r. (Festus, s. r.) 
 Vilst in besieging a city the ram [Ahies] was 
 f )loyed in destroying the lower part of the wall, 
 t balista was used to overthrow the battlements 
 {((jpuyiiucula, Plaut. Ilacch. iv.4.58-(il jeTraAjeis), 
 al the catapult to shoot any of the besieged who 
 a cared between them. (Died. Sic. xvii. 42. 45; 
 >, 48. 88.) The fonns of these machines being 
 B.pted to the objects which they were intended 
 t ;hrow, the catapult was long, the balista nearly 
 t,;u'e, which explains the following humourous 
 cpneration by Plautus (Cupt. iv. 2. IG) of the 
 t,ee /iijxai'ai', the application of which has just 
 li-n explained. 
 
 "Meus est balista pugnus, cubitus catapulta est 
 
 mihi, 
 'Humerus aries." 
 
 ) the same armament the number of catapults was 
 cnmonly much greater than the number of balistae. 
 ijon. Marc. p. 552. ed. Merceri ; Liv. xxvi. 47.) 
 .'so these two classes of machines were both of 
 ^■m distinguished into the greater and the less, 
 |! number of " the less" being much more consi- 
 (ifable than the number of " the greater." When 
 ^rthago Nova, which had served the Carthaginians 
 \ an arsenal, was taken by the Romans, the fol- 
 jving were found in it : 120 large and 28 1 small 
 uipults; 23 large and 52 small balistae. (Liv. 
 ).'.) Three sizes of the balista are mentioned by 
 .itorians, viz. that which threw stones weighing 
 If a hundred-weight [rpiaKuvTaiJ.i'alovs h'lBovs, 
 i\\h. ix. 84), a whole hundred-weight [hulista 
 
 A iiuria, Nou. Marc. I. c. ; Ai9o6oAos TaKavTia'ws, 
 lyb. /. c; Diod. Sic. xx. 8G), and three hundred- 
 .■ight [■!reTpoS6\oi TpiraKavros, Diod. Sic. xx. 48). 
 ■sides these Vitmvius (x. 11) mentions many 
 aer sizes, even down to the balista which threw 
 itoue of only two pounds weight. In like man- 
 ;r catapults were denominated according to the 
 [igth of the arrows emitted from them. (Vitniv. 
 ; 10 ; Schneider, ad loc.) According to .Josephus, 
 :io gives some remarkable instances of the de- 
 nctive force of the balista, it threw stones to the 
 itance of a quarter of a mile. {D. J. iii. 7. § 19. 
 S Compare Procop. Bdl. Goth. i. 21. 23.) Nci- 
 I'l' from the descriptions of authors nor from the 
 
 "iv-, on the column of Trajan (Uartoli, Col. TraJ. 
 
 ■ 4,'i — 47) are we able to fonu any exact idea of 
 construction of these engines. Still less are we 
 tunned on the subject of the Scorpio or Onager, 
 
 lith was also a tormentuni. (Vitruv. x. 10 ; Liv. 
 
 TORQUES. '977 
 
 xxvi. 6. 47 ; Amm. Marcell. xx. 7 ; xxiii. 4.) Even 
 the temis balista and catajnitta are confounded by 
 writers subsequent to .Jul. Caesar, and Diodorus 
 Siculus often uses KarajreATTjs to include both ba- 
 listae and catapults, distinguishing them by the epi- 
 thets TTfrpoSoKoi and o^uSeAeTj (xiii. 51 ; x.x. 48. 
 83. 8(j ; xxi. 4). 
 
 The various kinds of tormenta appear to have 
 been invented shortly before the time of Alexander 
 the Great. When horse-hair and other materials 
 failed, the women in several instances cut off their 
 own hair and twisted it into ropes for the engines. 
 (Caesar,ZJ.CVr.iii.9; Veget.(/f HcMil.iy.d.) These 
 machines, with those who had the management of 
 them, and who were called halistarii and dip^Tat 
 (Polyb. iv. 56), were drawn up in the rear of an 
 advancing anny, so as to throw over the heads of 
 the front ranks. [Army, p. 97.] In order to 
 attack a maritime city, they were carried on the 
 decks of vessels constructed for the purpose. (Diod. 
 Sic. XX. 83 — 86 ; Tacit. Ann. ii. 6.) 
 
 The meaning of tormoiium as applied to the 
 cordage of Ships is explained in p. 880. Compare 
 Veget. Mulom. ii. 46. 
 
 The torture or question (fjuaestio) as applied to 
 criminals or witnesses, was called tormcntum by 
 the Romans. (Sueton. Tiber. 20 ; Cic. Mil. 20— 
 22 ; Quintil. v. 4.) The executioner was called 
 iortor, and among the instruments employed for 
 the purfjose were the wheel {rota,rpoxis, Aristoph. 
 Pltd. 876) and the ccuhus. The Lydians had an 
 instrument of torture which, as we may infer fi-om 
 its name {Kvd(pos, Herod, i. 92), was full of points, 
 and applied to the bodj- of the sufferer like the card 
 used in combing wool. The Jews seem to have 
 used the harrow or threshing-machine in the same 
 manner (2 Sam. xii. 31 ; 1 Chroii. xx. 3) ; and the 
 /cAi'/ia| mentioned by Aristophanes {Han. 631), if 
 it resembled the ladder, which is still to be seen 
 among the instruments of torture in the dungeons 
 at Ratislion, must have produced a similar effect. 
 [BA'SANOS.] [J. Y.] 
 
 TORQUES or TORQUIS (o-rpeTrTo's), an orna- 
 ment of gold, twisted spirally and bent into a cir- 
 cular form, which was worn round the neck by 
 men of distinction among the Persians (Curt. iii. 3 ; 
 Themist. Oral. 24. p. 306. c), the Gauls (Floras, 
 i. 13; ii. 4), and other Asiatic and northern na- 
 tions. (Isid. Orig. xix. 30.) Tore was the name of 
 it among the Britons and ancient Irish. Virgil 
 {Aen. V. 558, 559) thus describes it as part of the 
 attire of the Trojan youths : 
 
 " It pectore summo 
 Flexilis obtorti per collum circulus auri." 
 
 Ornaments of this kind have been frequently 
 
 found both in France and in many parts of Great 
 Britain and Ireland (Petrie, Trans, of R. Irith 
 Aca<l. V. xviii. ; Antiq. p. 181 — 184), varying in 
 size and weight, but almost always of the form ex- 
 hibited in the annexed woodcut, which represents 
 a torquis found in Brecknockshu-e, and now pre- 
 served in the British Museum. The same wood- 
 cut contains a section of this torquis of the size of 
 the original. It shows, as Mr. Petrie observes con- 
 cerning some found in the county of Meath, " four 
 equidistant radiations from a common centre." The 
 torquis in the British Museum is four feet and a 
 half in length. Its hooks correspond well to the 
 following description of the fall of a Celtic wairior: 
 I "Torquis ab incisa decidit mca gula." (Propert. 
 
 3 R 
 
 I 
 
.')78 TORUS. 
 
 iv. 10. 44.) A torquis, which instead of boing 
 bent into a circular form was turned into a spiral, 
 became a bracelet, as is shown in the lowest figure 
 of the woodcut to Armilla, p. f')7. A torquis 
 contrived to answer this purpose, is called iorquis 
 hrachialis. (Vopisc. Aurel. 7.) Such bracelets and 
 torques are often found together, iiaving been worn 
 by the same people. 
 
 An inscription found in France mentions a tor- 
 quis, which was dedicated to Aesculapius, having 
 been made by twisting together two golden snakes. 
 (Montfaucon, Ant. Ejpl. iii. p. 53.) In this re- 
 spect also tlie torquis corresponded with the armilla, 
 which was sometimes made in the fonn of a ser- 
 pent. (See p. fi7.) The head in the preceding 
 woodcut is that of a Persian warrior in the mosaic 
 of the battle of Issus, mentioned in p. 4,09. It 
 illustrates the mode of wearing the torquis, which 
 in this instance terminates in two serpents-heads 
 instead of hooks. Three other Persians in the 
 same mosaic also wear the torquis, which is falling 
 from the neck of one of them, who has been van- 
 quished and thrown from his horse. It was by 
 taking this collar from a Gallic warrior in similar 
 circumstances that T. Manlius ol)tained the cogno- 
 men of Turijuutiis. (Cic. Fin. ii. 22 ; Off. iii. 31 ; Gel- 
 lius, ix. 13 ; Non. Marc. p. 227, 228. ed. Merceri.) 
 
 Torques, whether in the fomi of collars or brace- 
 lets, no doubt formed a considerable part of the 
 wealth of those who wore them. Hence they 
 were an important portion of the spoil, when any 
 Celtic or Oriental army was conquered, and they 
 were among the rewards of valour bestowed after 
 an engagement upon those who had most distin- 
 guished themselves. (Juv. xvi. 60 ; Plin. //. A'', 
 xxxiii. 2. s. 10 ; Sidon. ApoUin. Carm. xxiii. 424.) 
 The monuments erected to commemorate Roman 
 soldiers and to enumerate the honours which they 
 had obtained, often mention the number of torques 
 conferred upon them. (Maffei, ilfc. I'ei'OK. p.218.) 
 [Phalera.] [J. Y.] 
 
 TORUS, a bed ; originally made of straw 
 (Plin. //. A'^ viii. 48. s. 73), hay, leaves, woolly 
 plants (Mart. xiv. IfiO. 162), sea-weed {<Je ntol- 
 libus ulvis, Ovid, Met. viii. 656), also stuffed with 
 wool, and afterwards with fcatliers (xi. 611), or 
 swans-down (Mart. xiv. 161), so as to be as 
 much raised and as soft as possible. (Virg. Aeti. 
 vi. 603; Ovid, Amor. ii. 4. 14.) It was some- 
 times covered with the hide of a quadruped (Virg. 
 Aen. viii. 177) [Pellis, p. 734], but more com- 
 
 TRAGOEDIA. 
 
 monly with siieets or blankets, called T. 
 (Hor. Sat. ii. 4. 84; Epist. i. 5. 22.) The 
 may be observed on the sopha in the first woi 
 p. 253 ; and its appearance there may suft 
 explain the transference of its name to the 
 semi-circular mouldings in the base of coli 
 [Atticiirge.s ; Spira.] [J. ' 
 
 TOHO'TAI. [AHMO'SIOI.] 
 
 TRA'BEA. [Toga, p. 975.] 
 
 TRADI'TIO. [DoMi.viiiM.] 
 
 TRAGOEDIA {rpa'ywUa), tragedy. 
 
 I. Greek Traoedy. The tragedy of tin 
 cient Greeks as well as their comedy conffv 
 originated in the worship of the god Dionysu- 
 is proposed in this article (1) to explain from 
 element of that worship Tragedy took its rise. 
 (2) to trace the course of its dcvelopement, i 
 reached its perfect form and character in the d 
 of the Attic tragedians, Aeschylus, Sophocles, 
 Euripides. 
 
 The peculiarity wiiich most strikingly d: 
 guishes the Greek tragedy from that of mo 
 times, is the lyrical or choral part. This was 
 offspring of the dithyrambic and choral odes 
 which, as applied to the worship of Dinnj 
 Greek tragedy took its rise. This worshi]). 
 may observe, was of a twofold character, 
 responding to the ditfcrent conceptions which \ 
 anciently entertained of Dionysus as the change 
 God of flourishing, decaying, or renovated nal 
 and the various fortunes to whicli in that chara 
 he was considered to be subject at the diffe 
 seasons of the year. Hence Miiller observes ( 
 of Greece, p. 288), " the festivals of Dionysu 
 Athens and elsewhere were all solemnized in 
 months nearest to the shortest day, coincide 
 with the changes going on in the course of nat 
 and by which his worsliippers conceived the god I 
 self to be affected." His mournful or joyous forti 
 (iraflr;), his mystical death, symbolizing the d 
 of all vegetation in winter, and his birth (Pla 
 Le<). iii. p. 700 ; Proclus in Gaisfonrs Hepli 
 p. 383), indicating the renovation of all natm 
 the spring, and his struggles in passing from 
 state to another, were not only represented 
 sympathised in by the Dithyrambic singers 
 dancers, but they also carried their enthusiasi 
 far, as to fancy themselves under the influein 
 the same events as the god himself, and in i 
 attempts to identify themselves with him and 
 fortunes, assumed the character of the subordi 
 divinities, the Satyrs, Nymphs, and Panes {Nti 
 aruinijue leves cum Sati/ris chori), who formei 
 mythological train of the god. Hence, as i: 
 plained under Dionysia (p. 341), arose the cu 
 of tlie disguise of Satyrs being taken by the 
 shippers at the festivals of Dionysus, from 
 choral songs and dances of whom the Greciar 
 gedy originated, " being from its commence 
 connected with the public rejoicings and cei 
 nies of Dionysus in cities, while comedy was 
 a sport and merriment of the country festivals, 
 fact the very name of Tragedy [Tpa-ytfl'ia), far 
 signifying anything mournful or pathetic, is 
 probably derived from the goatlike appearance ( 
 Satyrs who sang or acted with mimetic gesti 
 tions {SpxtTis) the old Bacchic songs, with Sil 
 the constant companion of Dionysus, for their le 
 (Bode, Gesch. d. HaUcn. Dichikunst, iii. p. 31.) 1 
 their resemblance in dress and action to goats, 
 were sometimes called Tpa,-yoi,a.nA their songff) 
 
TRAGOEDIA. 
 
 TRAGOEDIA. 
 
 979 
 
 c Irhus Aeschylus in a fragment of tlie Prometheus 
 wopos calls a Satyr Tpdyot, anil the Satyric cho- 
 f II the Cyclops of Euripides (1. HO) appears in the 
 :i )f a goat (x^aiva rpdyov). The word Sarupoy 
 sf s apparently the same as r'trvpos, a kind of goat, 
 'jt. Lex. s. V.) According to another opinion, 
 drd, the " word Tragedy was first coined from 
 (; oat that was the prize of it, which prize was 
 s onstituted in Thespis' time."(Bentley,P/infac. 
 
 [9.) This derivation, however, as well as 
 i«iier, connecting it with the goat offered on the 
 t}f){ Bacchus (Miiller, Literal, of Greece, p. "291 ), 
 cjid which the chorus sang, is not equally sup- 
 iild either by the etymological principles of tlic 
 rjiage, or the analogous insUince of KwiJ.(ySla, the 
 iljel-song." {Ktt/moL Matpi. p. 7G4; Eurip. 
 (Jl31 ; Aclian, V. H. iii. 40.) 
 
 ;iit the Dionysian dithyrambs were not always 
 
 |,'ay and joyous character : they were capable 
 
 t:pressing the extremes of sadness and wild 
 rjfitation as well as the enthusiasm of joy ; and 
 
 lU from the Dithyrambic songs of a moumful 
 :f|probably sung originalh' in tlic winter months, 
 iiithe stately and solemn tragedy of the Greeks 
 cf. That there were Dithyrambs of such a 
 Acter, expressive of the sufferings of Dionysus 
 ■\tov ^mvvaov Traflij), appears from the state- 
 t! in Herodotus (v. ()7), that at Sicyon in the 
 aj of Clisthenes (b. c. GOO) it was customary to 
 ilrate {yipaipeiv) the sufferings of that god with 
 tgic choruses." But it must be remarked that 
 
 !|ie most ancient times the Dithyrambic song 
 not executed by a regular chorus. Thus 
 nilochus says in Trochaic verse, "■ I know how 
 Ifp my mind is inflamed witli wine to lead off' 
 ■iDithyrdmb, the beautiful song of Dionysus" 
 l|)RtJS, p. 2'2()], whence we may infer that in 
 ;jme (b. c. 700) the Dithyramb was sung by a 
 ij of revellers led by a flute-player. Lyrical 
 ilises, indeed, had been even then established, 
 ibially in the Dorian states of Greece, in con- 
 ;|on with the worship of Apollo, the cithara or 
 jii7| being the instrument to which the cho- 
 ile sang and danced. (Miiller, Literat. of Greece, 
 
 1)4 ; Dorkins, iv. 7. § fS.) In fact the eonnec- 
 : of the Dorian choral poetry with the worship 
 
 polio, the direct opposite to that of Dionysus, 
 1 its consequent subjection to established rules 
 1 forms, admitting too, from the Dorian character 
 i.little innovation, affords the most obvious ex- 
 :.ition of the striking circumstance that nothing 
 • 1 ed ly dramatic sprang from it, as from the dithy- 
 
 >K performances. (Bode, p. IG.) Still there were 
 i ■ points in which the Dorian worship of Apollo 
 : nbled that of Dionysus, c. g. the dances with 
 
 :h the former god was honoured, and the kind 
 ' limicry which characterised them. Other cir- 
 istances also, on which we cannot here dwell, 
 'Id probably facilitate the introduction of the 
 
 lysian Dithyramb amongst the Dorian states, 
 ;cial!y after the improvements made in it by 
 
 ■n (b. c. 600), which were so great, that 
 the invention of that species of poetry is 
 ■ bed to him, though it had been known in 
 
 'ce for a century before his time. The worship 
 t Dionysus was celebrated at his native place, 
 
 liymnae in Lesbos, with music and orgiastic 
 ; and as Arion travelled extensively in the 
 ' ail states of Hellas, he had ample opportunities 
 
 i^' i'ving the varieties of choral worship, and of 
 oducing any improvements which he might wish 
 
 tomakeinit. (Bode,p.22.) He is said to have been 
 the inventor of the " tragic turn" (jpayiKov Tpditov), 
 a phrase of doubtful signification, but which seem.s 
 to mean, that he was the inventor of a grave and 
 solemn style of music, to which his Dithyrambs 
 were danced and sung. (Hermann, Opusc. vol. vii. 
 p. "JIG ; Mtfsn; (Greek), p. 629.; Suidas (s.v.) 
 adds of him, Aryerai Kal irpuroj x°pov (TTrjtrai, 
 Kal SiBupafiSov oirai /col ovofxacai to di6ti(vov 
 •jnb Tov xopov, Kal ZaTvpovs flcfveyKfiv ifxixerpa 
 Xiyovras. From the first clause, in connection 
 with other authorities (Schol. in Arisiopli. Aves, 
 1403), we leani that he introduced the cyclic 
 chorus (a fact mythologically expressed by making 
 him the son of Ci/deus) ; i. e. the Dithyramb, in- 
 stead of being sung as before his time in a wild 
 irregular manner, was danced by a chorus of fifty 
 men around a blazing altar ; whence in the time of 
 Aristophanes, a dithyrambic poet and a teacher of 
 cyclian choruses were nearly synonymous. (Miiller, 
 p. 204.) As the alteration was made at Corinth, 
 we may suppose that the representation of the 
 Dithj-rambic was assimilated ia some respects to 
 that of the Dorian choral odes. The clause to the 
 effect that Arion introduced Satyrs, i. e. rpdyot, 
 speaking in verse {troclmic), is by some thought 
 anotlier expression for the invention of the "tra- 
 gic style." A simpler interpretation is, that he 
 introduced the Satyrs as an mlilitinn and contrast 
 to the dance and song of tlir i vilic chorus of the 
 I Dithyramb, thus presening to it its old character 
 ' as a part of tlie worship of Bacchus. The phrase 
 ; ovofidtrai, (compare Herod, i. 23) alludes to the 
 different titles given by him to his different Dithy- 
 rambs according to their subjects, for we need not 
 suppose that they all related directly to Bacchus. 
 (Welcker, Naclitraf/, p. 233.) As he was the first 
 cithara player of his age (Herod, i. 23), it is pro- 
 bable that he made the lyre the principal instru- 
 ment in the musical accompaniment. 
 
 From the more solemn Dithyrambs then, as im- 
 proved by Arion, with the company of Satyrs, who 
 probably kept up a joking dialogue, ultimately 
 sprang the dramatic tragedy of Athens, somewhat 
 in the following manner. The choruses which re- 
 presented them were under the direction of a 
 leader or exarchus, who, it may be supposed, came 
 ' forward separately, and whose part was sometimes 
 taken by the poet himself (Plato, Rep. iii. p. 394. 
 c.) We may also conjecture that the exarchus in 
 each case led oft' by singing or reciting his part in 
 a solo, and that the chorus dancing round the altar 
 then expressed their feelings of joy or sorrow at 
 ; his stor}', representing the perils and sufferings 
 of Dionysus, or some hero, as it might be. Ac- 
 cordingly some scholars have recognized in such 
 choral songs, or in a proximate deviation from 
 them, what has been called a " lyrical tragedy," 
 performed ^vithout actors cbstinct from the chorus, 
 and conceived to be a transition step between the 
 Dithyramb and the dramatic Tragedy. The title, 
 however, does not occur in ancient writers, and 
 therefore, if it means anything, can only refer to re- 
 presentations of the character we have just ascribed 
 to the Dithyrambs of Arion, modified from time to 
 time, according to circumstances or the fanc^- of 
 the writer. That the names Tpayt-it'ia and -rpaq/if- 
 Sos are applied, indeed, to works and writers before 
 the time of Thespis, and that tlie " tragedy" of 
 that age was entirely choral, without any regular 
 formal dialogue, is evident from many autho- 
 
 3 R 2 
 
980 
 
 TRAGOEDIA. 
 
 TRAGOEDIA. 
 
 rities. Thus Athenaeiis (xiv. p. 630. c.) ob- 
 serves that the whole satyrical poetrj' formerly 
 consisted of choruses, as did the " tragedy " of old 
 times (t) tote Tpay(fS'ia). Again Diogenes Laer- 
 tius (iii. .51)) states that fonnerly the chorus alone 
 acted (SieSpanari^ev) or performed a drama, on 
 ■which Hermann {Opusc. vii. "218) observes, "after 
 the Dithyramb was sung, some of the chorus in 
 the guise of SatjTs came forward and impro- 
 vised some ludicrous stories ; but in exhibitions of 
 this sort," he adds, " we see rather dramaticae 
 tragoediae initia,iiuam uUum IjTici cujusdam generis 
 vestigium." Lyric poets also seem to have been 
 spoken of as Tragedians ; thus according to Suidas 
 (s. V.) Pindar wrote 17 Spct^aro TpayiKo, ("but not 
 lyrical tragedies," Hennann, I. c), and Simonides 
 of Ceos wrote tragedies, or a tragedy, as some 
 manuscripts have it. But whatever may be in- 
 ftrred from this, it only proves that DithjTambic 
 poets were also called Tragedians, just as in the 
 Scholia on Aristophanes (Pbd. 290) a writer is 
 described as SiBvpaixSoivoios n rpayaiSiSda-KaAos. 
 For the arguments on both sides see Ilennann, I.e. ; 
 and Boeckh on the Orchomenian Inscriptions. 
 {Greek T/ieatre, p. 28.) 
 
 The choral Dithj-rambic songs, accompanied with 
 mimetic action (the lyrical tragedy ?), prevailed to 
 some extent, as all choral poetiy did, amongst the 
 Dorians of the Peloponnesus (Mliller, Dorians, ii. 
 1 0. § 0') ; whence their derivative, the choral element 
 of the Attic tragedy, was always written in the 
 Dorian dialect, thus showing its origin. The lyrical 
 poetry was, however, especially popular at Sicyon 
 and in Corinth. In the latter city Arion made 
 his improvements ; in the fonner " tragic choruses," 
 i. e. dithyrambs of a sad and plaintive character, 
 were very ancient (Herod, v. 67 ; ^Velcker, 
 Nachtrmi. p. 235), and the Sicyonians are also said 
 to have been the inventors of the rpa-yijiSia {rpa- 
 ^(fSias (vperai fx^v "Zikvuivmi, TeXeaiovpyol Se 
 'AttikoI iroirjTai', Themist. xxvii. p. 40(1. Dindorf ) ; 
 but of course this can only nu>an, that the dramatic 
 tragedy was a derivative, through many changes, of 
 the old satj'rical rpaywSia, i. c. of the songs sung 
 with mimetic dancing by the goatlike Satyrs, or as 
 others would say, round the altar, on which lay 
 the burnt sacrifice of a goat. It appears then that 
 there is a good and intelligible foundation for the 
 claims which, according to Aristotle (Pod. iii. 3), 
 were made by the Peloponnesians, and especially 
 by the Sicyonians, to the invention of " tragedy," 
 understiinding by it a choral performance, such as 
 has been described above. Now the subjects of this 
 Dithyrambic tragedy were not always, even in an- 
 cient times, confined to Dionysus. Even Arion wrote 
 Dithyrambs, relating to different heroes (Herod, i. 
 23), a practice in which he was followed by succeed- 
 ing poets, who wrote Dithyramb-like odes (whence 
 they were classed amongst tiie rpayiKol -iro^riTai), 
 which they called Centaurs, Ajaces, or Memnons, 
 as it might be. (Zenob. v. 40.) Thus, Epigenes 
 the Sicyonian is said to have written a tragedy 
 i. e. a piece of dithyrambic poetry on a subject un- 
 connected with Dionysus, which was consequently 
 received with the cry of ovi^v irpos tov Aiovvaov, 
 or " this has nothing to do with Bacchus." 
 (Apostolius, XV. 13.) If this anecdote be true, 
 and Epigenes preceded Arion, the introduction of 
 the Satyrs into the Dithyrambic chorus by the 
 latter, may possibly have been meant to satisfy the 
 wishes of the people ; but whether it was so or not, 
 
 there is scarcely any doubt that from the tim 
 Arion, the tragic dithj-ramb gradually became 
 satyrical and sportive in its character, till 
 creation of the independent Satyric drama and 
 Attic dramatic tragedy. (Bode, p. 23.) 
 
 As to the steps by which this was effei 
 Aristotle {Poet. iv. 14) says, "Tragedy was at 
 first an extemporaneous effusion {utt apxiis a 
 (rx€5ia(TTi/c4),and was derived dird tUv efapxoi 
 rou Ai6vpaixSov, i. e. from the leaders or the ( 
 singers of the Dithyramb, who probably sua; 
 recited their parts in the trochaic metre, while 
 main body of the ode was written in irreg 
 verse. It is easy to conceive how the introduc 
 of an actor or speaker independent of the ch 
 might have been suggested by the exarchs or c 
 phaei coming forward separately and making s 
 off-hand speeches (Welcker, Naelitruii, p. 2' 
 whether learnt by heart beforehand, or made on 
 spur of the moment. [CHORUS,p.227.] Butitis 
 possible, if not probable, that it was suggested 
 the rhapsodical recitations of the epic and gno 
 poets formerly prevalent in Greece : the gnc 
 poetry being generally written in Iambic verse, 
 metre of the Attic dialogue, and which Arist 
 {Poet. 4) says was used by Homer in his Marg 
 though its invention is commonly ascribed to 
 chilochus. In fact the rhapsodists themselves 
 sometimes spoken of as actors (uTroKpiTo!) of 
 pieces they recited, which they are also said to 
 (uTToxpii/offflai, Athen. xiv. p. 62.0. d ; Miiller, / 
 ratitrc, kc, p. 34). But if two or more rhapsc 
 were called upon to go through an episode of a po 
 a regulation which obtained at the Panathem 
 and attributed to Solon or Hipparchus {\\ 
 Prole;/, p. 97; Plato, Hippar. p. 228), it is C' 
 that the)' would present much of a dramatic ( 
 logue. In fact (Bode, p. 6) the principal scene 
 the whole Iliad might in this way have been 
 presented as parts of a drama. These recitati 
 then being so common, it was natural to com! 
 with the representiition of the Dithyramb, itse 
 mixture of recitative and choral song, the at 
 tional element of the dialogue, written in lani 
 verse, a measure suggested perhaps by the gnu 
 poetry, and used by Solon about the time of 
 origin of the dialogue (Solon, Fray. 28. Gaisfoi 
 more especially as it is the most colloquial of 
 Greek metres {K^ktikov) and that into which o 
 mon conversation most readily falls. It is ind 
 only a conjecture that the dialogue or the Ion 
 element of Attic tragedy was connected with 
 rhapsodical recitations, but it is confinned by 
 fact that Homeric rhapsodes were common 
 Sicyon (Herod, v. 67), the cradle of the Doi 
 tragedy, and also at Brauron in Attica, where 
 worship of Dionysus existed from ancient tin 
 (Hesych. s. r. Bpavpuviois.) This however isi 
 tain, that the union of the Iambic dialogue « 
 the lyrical chorus took place at Athens un 
 Pisist'ratus, and that it was attributed to Thespi 
 native of Icarus, one of the countrydemesor pari* 
 of Attica where the worship of Dionysus had I 
 prevailed. The introduction of this worship i 
 Attica, with its appropriate choruses, seems to li 
 been partly owing to the commands of the Doi 
 oracle (Dem. e. Mil. p. 531), in very eariy tin 
 Thus it is stated (Plato, Miitos, p. 321 ; Plut. ' 
 29), that tragedy {i. e. the old Dith^Tambic : 
 Satyrical tragedy) was very ancient in Attica,; 
 did not originate with Thespis or his catemp< 
 
TRAGOEDIA. 
 
 riJs The alteration made by liim, and wliich 
 to the old tragedy {apxofiivijiv tQv irepi 
 ij5»; rrjv Tpa7i{i'Si'a!' Kivi'tv) a new and dra- 
 i liaracter (making it an iijiiiAuni truyu ac ijcmix. 
 Art. Puel. 275), was very simple but very 
 tant. lie introduced an actor, as it is record- 
 
 (.li.Ji' the sake of giving rest to the chorus (Diog. 
 
 ri!h:. iii. 50) and independent of it, in whicli ca- 
 
 ■ lie probablj' appeared himself (Pint. .Sb/."29), 
 4 various parts in the same piece, under vari- 
 ^nuises, which he was enabled to assume by 
 - iif the linen masks, the invention of which 
 n bated to him. Now as a chorus, by means 
 
 ul leader, could maintain a dialogue with the 
 actJ, it is easy to see how with one actor only "a 
 itic action might be introduced, continued, 
 iicluded, by tlie speeches between the choral 
 repressive of the joy or sorrow of the chorus 
 \ arious events of the drama." Thus MiiUer 
 \cs that in the play of I'entheus, sujujosed to 
 lia, been composed by Thespis, "a single actor 
 milit appear successively as Dionysus, Pentheus, 
 I -.oiiger. Agave the mother of Pentheus, and 
 -r characters express designs and intentions, 
 
 ■ ii' events which could not be represented, as 
 Mider of Pentheus by her mother: by wliich 
 
 iie would represent the sulistance of the fable 
 i>|iears in the Bacchae of Euripides." (MUl- 
 
 ■jy ; Bode, p. 57.) With respect to the 
 irr of the drama of Thespis there has been 
 'liiubt : some writers, and especially Bentley 
 • p. "21!)), have maintained that his plays 
 all satyrical and ludicrous, i. e. the plot of 
 H as some stoiy of Bacchus, the chorus con- 
 jirincipally of satyrs, and the argmuent was 
 
 - an opinion indeed which is supported by 
 
 . ii act that in the early part of his time, the 
 BaVic drama had not acquired a distinctive cha- 
 •■■■<■' r. It may also appear to be conhnned by the 
 ' lit (Aristot. Poet, i) that at first the Trage- 
 iiiade use of the trochaic tetrameter, as being 
 ue r suited to the satyrical and saltatorial nature 
 ofiieir pieces. But perhaps the truth is that 
 I early part of his career Thespis retained 
 i vrical character of the older tragedy, but 
 aids inclined to more serious compositions, 
 wi,h would almost oblige him to discard the Sa- 
 ty from his choruses. That he did write serious 
 ^ is intimated by the titles of the plays 
 1 to him, as well as by the character of the 
 ■ ■ units of Iambic verse quoted by Plutarch as 
 hii;;Bentley, P/ialui: p. 214), and which even if 
 th are forgeries of Heradides Ponticus, at least 
 what was the opinion of a scholar of Aristo- 
 a the subject. Besides the assertion that 
 .'M lucles (Suidas, in r-it.) wrote against the chorus 
 of 'hespis seems to show that there was some si- 
 re rity of character between the productions of 
 th,two poets. (Bode, p. 47.) A summary of the 
 armients in favour of the serious character of the 
 tnody of Thespis is given by Welcker {Nachtrcui, 
 P-'57 — 276). The invention of the prologus 
 an rhesis of tragedy (an e.xpression clearly in 
 80 " measure identical with the introduction of an 
 aor) is also ascribed to Thespis by Aristotle. 
 {1-mist. p. 382. ed. Dind.) By the former word 
 is irant the first speech of the actor (Aristot. 
 1 ■-), or the prooemium with which he opened 
 t e ; the chorus then sang the first ode or 
 ~> viius, after which came the pijo-ij or dialogue 
 bfi-een the actor and the principal choreutae. 
 
 TRAGOEDIA ySl 
 
 The invention of this dialogue is also alluded to in 
 the phrase Aeleois •y^viiJ.evris. [Id. 4.) It is 
 evident that the introduction of the dialogue must 
 also have caused an alteration in the arrangement 
 of the chorus, wliich could not remain cyclic or 
 circular, but must have been drawn up in a rectan- 
 gular form about the thyinele or altar of Bacchus in 
 front of the actor, who was elevated on a platfomi 
 or table (eXeoy) the forerunner of the stage. The 
 statement in Pollux (iv. 123), that this was the 
 case before Thespis seems incorrect. (Welcker, 
 Akiddmg. p. 26U.) If we are right in our notion 
 of the general character of the Thespian drama, 
 the phrase ouSec irpoj £ii6vvaov, which was cer- 
 tainly used in his time, was first applied to his 
 plays at Athens, as being unconnected with the 
 fortunes of Dionysus, and as deviations from the 
 fxiKpoi fxvdoi Koi Ae|is ye\o(a of his predecessors. 
 Plutarch however {S't/mp. i. 5) supposes that its 
 first application was later : he says " when Phryni- 
 chus and Aeschylus continued to elevate tragedy 
 to legends and tales of sufi'erings {els fivSovs Kal 
 ■n-d6rj irpoayovTuv), the people missing and regret- 
 ting the old Satyric chonis, said, ' What is this to 
 Bacchus?' Hence the expression was used to sig- 
 nify what was mal- a-propos, or beside the ques- 
 tion. 
 
 The reader may have observed that we have not 
 noticed the lines of Horace {Ar. Poet. 27()) : 
 
 " Dicitur et plaustris vexisse poemata Thespis, 
 Quae canerent agerentque peruncti faecibus ora." 
 
 The fact is that they are founded on a misconcep- 
 tion of the origin of the Attic tragedy, and that the 
 tale about the wagons of Thespis probably arose out 
 of a confusion of the wagon of the comedian Susarion 
 with the platform of the Thespian actor. The first 
 representation of Thespis was in B. c. 535. His 
 immediate successors were the Athenian Choerilus 
 and Phrjaiichus, the former of whom represented 
 plays as earlj' as B. c. 524. He is said by Suidas 
 to have written 150 pieces: from the title of one 
 of them, the "Alope," its subject seems to have 
 been a legend of Attic origin. (Pans. i. 14. § 3; 
 Bode, p. ()0.) That he excelled in the Sat3'rical 
 drama invented by Pratinas, is indicated by the 
 line of an unknown author, 
 
 'Hv'iKa fieu ^acriAeuj Xoiplhos iv 'S.arvpois, 
 and if he wrote anything like the number of dra- 
 mas ascribed to him, it is also evident that the 
 custom of contending with Tetralogies must have 
 been of early origin, for there were only two dra- 
 matic festivals during the year. 
 
 Phrynichus was a pupil of Thespis, and gained 
 his first victory in the dramatic contests B. c. 511. 
 In his works, the lyric or choral element still pre- 
 dominated over the dramatic, and he was distin- 
 guished for the sweetness of his melodies, which 
 in the time of the Peloponnesian war were very 
 popular with the admirers of the old style of music. 
 The esteem in which his "ambrosial songs" were 
 then held is shown in several passages of Aristo- 
 phanes {Arcs, 748; Thesm. 1()4), and in the line 
 ( Vaqt. 219) where the dicasts are made to chaunt 
 the old Sidonian sweet songs of Phiynichus, 
 Ka! /iimpifovTes jxiKi) 
 ' Apxo.'oixtXi<nSiiii'0(ppwixvp''''''°- 
 " Sidonian " being an allusion to the play which he 
 wrote called the Phoenissae. The hrst use of fe- 
 male masks is also attributed to him (Suidas, in 
 
TRAGOEDIA. 
 
 TRAGOEDIA. 
 
 vil.), and he so far deviated from the general prac- 
 tice of the Attic tragedians as to write a drama on 
 a subject of cotemporary histoiy, the capture of 
 Miletus by the Persians, B. c. 494. (Herod, vi. '21.) 
 
 We now come to the first writer of Satyrical dra- 
 mas, Pratinas of Phlius, a town not far from Sicyon, 
 and which laid claim to the invention of tragedy as 
 well as comedy. (Bode, p. 35.) For some time 
 previously to this poet, and probably as early as 
 Thespis, tragedy had been gradually departing 
 more and more from its old characteristics, and in- 
 clining to heroic fables, to which the chorus of Sa- 
 tyrs was not a fit accompaniment. But the fun 
 and merriment caused by them were too good to 
 be lost, or displaced by the severe dignity of the 
 Aeschylean drama. Accordingly the Satyrical 
 drama, distinct from the recent and dramatic tra- 
 gedy, but suggested by the sportive element of the 
 old Dithyramb, was founded by Pratinas, who how- 
 ever appears to have been surpassed in his own in- 
 vention bj' Choerilus. It was always written by 
 tragedians, and generally three tragedies and (me 
 Satyrical piece were represented together, which in 
 some instances at least formed a connected whole, 
 called a tetralogy {TfTpaAoy'ta). The Satyrical piece 
 was acted last, so that the minds of the spectators 
 were agreeably relieved by a merry after-piece at 
 the close of an earnest and engrossing tragedy. The 
 distinguishing feature of this drama was the chorus 
 of Satyrs, in appropriate dresses and masks, and 
 its subjects seem to have been taken from the same 
 class of the adventures of Bacchus and of the heroes 
 as those of tragedy ; but of course they were so 
 treated and selected, that the presence of rustic 
 satyrs would seem appropriate. In their jokes 
 and drollery and naivete consisted the merriment 
 of the piece ; for the kings and heroes who were 
 introduced into their company were not of neces- 
 sity thereby divested of their epic and legendary 
 character (Horace, Ar. Poet. 222, speaks of the 
 "incolurai graviUite"), though they were obliged 
 to conform to their situation and suffer some 
 diminution of dignity, from their position. Hence 
 Welcker {Nachtrag, p. 331) observes, the Satyncal 
 drama, which, so to speak, was " the Epos turned 
 into prose, and interspersed with jokes made by 
 the choi'us," is well spoken of as a "playful tra- 
 gedy" (vai^ovaa Tpay^.Sm), being both in form 
 and materials the same as tragedy. Thus also 
 Horace {Ar. Pod. 231 ) says : 
 
 Eftutire leves indigna Tragoedia versus 
 Intererit Satyris paulum pudibunda protervis, 
 
 alluding in the first line to the mythic or epic element 
 of the Satyric drama, which he calls Tragoedia, and 
 in the second representing it as being rather ashamed 
 of its company. The scene was of course laid in 
 the supposed haunts of the Satyrs, as we learn 
 from Vitruvius (v. f.) : " Satyricae scenae omantur 
 arboribus, montibus reliquisque agrestibus rebus," 
 all in keeping with the incidents of the pieces, and 
 reminding the spectators of the old Dithyramb and 
 the god Dionysus, in whose honour the dramatic 
 contests were originally held. We must however 
 observe that there were some characters and le- 
 gends, which as not presenting any serious or pa- 
 thetic aspects, were not adapted for tragedy, and 
 therefore were natiffally appropriated to the Saty- 
 ric drama. Such were Sisyphus, Autolycus, Circe, 
 Callisto, Midas, Omphale, and the robber Skiron. 
 Hercules also, as he appears in Aristophanes 
 
 (Ramie) and the Alcestis of Euripides, wat 
 vourite subject of this drama, as being m 
 companion for a drunken Silenus and his 
 (MiiUer, 295.) The Odyssee also, says L 
 {Leben dcs Sofliocles, § 115), was in general 
 storehouse of the Satyrical plays ; but thou; 
 Cyclops of Euripides, the only satyrical pi; 
 tant, was taken from it, the list of Satyric 
 given by Welcker {Nachtrag, p. 284-322) 
 confirms this assertion. 
 
 We now come to the improvements m; 
 tragedy by Aeschylus, of which Aristotle 
 iv. § 1 G) thus speaks. " He first added a i 
 actor and diminished the parts of the choni 
 made the dialogue the principal part of the a 
 (T<)i' Koyov ■wpwrayaivtariiv -wapeaKevacre). 
 also availed himself of the aid of Agatharchi 
 scene-painter, and- improved the costume 
 actors by giving them thick-soled boots (e/xf 
 as well as the masks, which he made more e 
 sive and characteristic. Horace (Ar. Poet. 
 thus alludes to his improvements : 
 
 " personae pallaeque repertor honei 
 Aeschylus, et modicis instravit pulpita tign 
 Et docuit magnmnque loqui, nitiqiie cothui 
 
 The custom of contending with trilogies (rpiAi 
 or with three plays at a time, is said to hav( 
 also introduced by him. In fact he did so mi 
 tragedy, and so completely built it up to its "I 
 ing height," that he was considered the fathe; 
 The subjects of his drama, as we have befor 
 mated from Plutarch, were not connected wi 
 worship of Dionysus ; but rather with the 
 cycle of Hellenic legends and some of the my 
 the Homeric Epos. Accordingly he said of 
 self (Athen. viii. p. 347. e.) that his dramas 
 but scraps and fragments from the great fei 
 Homer. Another instance of his departme 
 the spirit and form of the old tragedy, as com 
 with Dionysus, is shown in his treatment i 
 Dithyrambic chorus of fifty men, which in li 
 logy of tlie Oresteia he did not bring on the 
 all at once, but di\ided it into separate parts 
 ing a different set of choreutae for each of the 
 pieces. (MUUer, Eiimeiiid.) In the latter p 
 his life Aeschylus made use of one of the im] 
 ments of Sophocles, namely the Tpnayuviar 
 third actor. This was the finishing stroke I 
 dramatic element of Attic tragedy, which S 
 cles is said to have matured by father im] 
 ments in costume and scene-painting. Unde 
 tragedy appears with less of sublimity and 
 ness than in the hands of Aeschylus, but 
 more of calm grandeur and quiet dignity and i 
 ing incident. His latter plays are the perf 
 of the Grecian tragic drama, as a work of ai 
 poetic composition in a thoroughly chastene 
 classic style, written when as he says of hims 
 had put away the boyish pomp of Aeschylus 
 AiVxuAou SiaTreTTOixois oyKov), and the harsh i 
 rity of his own too great refinements, and att 
 to that style which he thought the best, and 
 suited for portraying the characters of men. I 
 de l^ro. r. S. p. 79. b.) The introduction c 
 third actor enabled him to do this the more 
 tually, by showing the principal character on 
 rent sides and under different circumstances, 
 as excited by the opposition of one and d 
 out by the sympathies of another. [Histk 
 483.) Hence though the plays of Sophock 
 
TRAGOEDIA. 
 
 TRAGOEDIA. 
 
 983 
 
 mjt' than those of Aeschj'his, still there is not a 
 DHj ponding increase of action, but a more perfect 
 eli ation of character. Creon for instance in the 
 Ini one, and Ajax are more perfect and minutely 
 ra 1 characters than any in Aeschylus. The 
 arif the chorus is, on the other hand, considerably 
 imished in his plays. Another distinguishing 
 ?ato in them is their moral significance and 
 'I 1 teaching. Though tlie characters in them 
 i/n from the old subjects of national interest, 
 I y do not always appeiu' as heroes, or above 
 wl of common humanitj', but in such situa- 
 lud under the influence of such motives, pas- 
 ;ind feelings as fall to the lot of men in ge- 
 »o that "every one may recognise in them 
 ikeness of himself." 
 : lie hands of Euripides tragedy deteriorated not 
 : 11 dignity, but also in its moral and religious 
 ance. He introduces his heroes in rags and 
 , and busies them with petty aifairs, and 
 them speak the language of every-day life, 
 iiliocles said of him (Arist. Pod. "2,5), he re- 
 itod men not as they ought to be, but as they 
 \ itliout any ideal greatness or poetic charac- 
 liiiroughly prosaic personages. His dialogues 
 re little else than the rhetorical and forensic 
 of his day cleverly put into verse : full of 
 try and quibbling distinctions. One of the 
 arities of his tragedies was the irpd^oyos, an 
 ' I ictory monologue, with which some hero or 
 ' lis the play, telling who he is, what is the 
 t affairs, and what has happened up to the 
 it his address, so as to put the audience in 
 ■ --ion of every fact which it might be neces- 
 1 III- them to know : a very business-like pro- 
 r 1^ no doubt, but a poor make-shift for artis- 
 -kill. The " Deus ex machina," also, though 
 . aj's, in a " nodus, tali vindice dignus," was 
 itly employed by Euripides to effect the 
 ■rut of his pieces. The chorus too no 
 discharged its proper and high functions 
 IS a representative of the feelings of unpre- 
 I observers, or " as one of the actors, and a 
 the whole," joining in the developement of 
 ;e. Many of his choral odes in fact are but 
 Iv connected in subject with the action of 
 V. Another novelty of Euripides was the 
 the "monodies" or lyrical songs, in which 
 chorus, but the principal persons of the 
 ilcclare tlieir emotions and sufferings. They 
 iMingst the most brilliant parts of his pieces, 
 iig sung by persons on the stage, are some- 
 li-'scribed as ^ISai diro aKriviis. (Phot. Lex, 
 Aristophanes often parodied them, and 
 I - Euripides say of himself {Ranae, 944), that 
 ic uiu'tured tragedy with monodies, introducing 
 Jeiiisophon " his chief actor, to sing them. 
 
 E'' dverpitpov fioftfiS'iais, Kr](j)i(ro(pwi'Ta fiiyvvs. 
 
 jripides was also the inventor of tragi-comedy, 
 ivlh not improbably suggested, as it certainly re- 
 icjiled, the 'IKapoTpaywSia of the Alexandrian 
 »g the latter being a half-tragic, half-comic drama, 
 M ither a parody or travesty of tragical subjects. 
 Apecimen of the Euripidean tragi-comedy is still 
 ixlnt in the Alcestis, acted B. c. 438, as the last 
 of [)ur pieces, and therefore as a substitute for a 
 Sc^-rical drama. Though tragic in its form and 
 soj,' of its scenes, it has a mixture of comic and 
 sa^ic characters (c.(/. Hercules) and concludes 
 hilJily. 
 
 I It remains to make some remarks on the nature 
 and object of Greek tragedy in general, and on the 
 parts into which it was divided. According to 
 Plato {Ley. vii. p. 817) the truest tragedy is an 
 imitation of the noblest and best life : ^i/jtirjtris 
 rov Ka\Ai(TTOV koI dpiVrou 0'iov. Aristotle's defini- 
 tion is more comprehensive and perhaps perfect. 
 " Tragedy is an imitation of an action that is im- 
 portant ((TTroi/Soi'ay), and entire, and of a proper 
 magnitude, in pleasurable language, by means of 
 action, not of narration, and effecting through ter- 
 ror and pity the refinement and correction of such 
 passions" {ttiv toiovtwv Tradr)imTuiv Kadapatv). He 
 then adds. Tragedy contains six parts : the stoiy, 
 i. e. the combination of incidents or plot, manners, 
 expression, sentiment, decoration, and music (fivOos 
 Kal iiBr), Koi Af'^ij, koI Siacoio, Kol otpis, Kal /teAo- 
 ■noua). Of these the story is the principal part, 
 developing the character of agents, and being in 
 fact the very soul of tragedy. Tlie manners come 
 next, and manifest the disposition of the speakers. 
 The sentiments take the third place, and compre- 
 hend whatever is said, whether proving anything, 
 or expressing some general reflection. Afterwards 
 he adds. Fables are of two sorts, simple and com- 
 plicated {o'i fi€V aTTAoi, ot Sf TreirAeyfiePoi), the 
 catastrophe of the foniier produced without a revo- 
 lution or discovery, of the latter with one or both. 
 Now a revolution (Trepiirereia) is a change to the 
 reverse of what is expected from the circumstances 
 of the action : a discovery {dvaypiipims) is a change 
 from knowni to unknown, happening between cha- 
 racters whose happiness or unhappiness forms the 
 catastrophe of the drama. The best sort of disco- 
 very is accompanied by a revolution, as in the 
 Oedipus. Aristotle next enumerates the parts of 
 (juaidity ((Card to iroaov) or division in tragedy : 
 these are, the prologue, episode, exode, and choral 
 songs ; the last divided into the parode and stasi- 
 mou. The TrpoKoyos is all that part of a tragedy 
 which precedes the parodos of the chorus, i. e. the 
 first act. The eVeiao'Sioj' is all the part between 
 wliole choral odes. The 6|o5os that part which 
 has no choral ode after it. Of the choral part the 
 irdpoSoj is the first speech of the whole chorus (not 
 broken up into parts) : the stasimon is without 
 anapaests and trochees. These two divisions were 
 siuig by all the clioreutae {koivo. dirdvrwv), but 
 the "songs on the stage" and the Ku/j-fioi by a 
 part only (iSia Se rd diro rrjs (rKrii/fjs Kai KOfi/xoi). 
 The comnius, wliich properly means a wailing for 
 the dead, was generally used to express strong ex- 
 citement, or lively sympathy with grief and suffer- 
 ing, especially by Aeschylus. It was common to 
 the actors and a portion only of the choms (/co/ijuos 
 5e ^pijvos, KOLUos X"?""! ''"'o TKiqi/ij?), whence 
 its derivative Kofi/xaTiKa is usi'd to designate 
 broken and interrupted songs sung either by indi- 
 vidual choreutae or divisions of the chorus. (Miil- 
 ler, Liumcn. p. 84.) Again the irdpoSos was so 
 named as being the passage-song of the chorus 
 sung while it was advancing to its proper place in 
 the orchestra, and therefore in anapaestic or march- 
 ing verse : the ffTaai/xov, as being chaunted by the 
 chorus when standing still in its proper position. 
 [Siiid. and Elt/m. jMciyn.) 
 
 With respect to the ends or purposes of Tragedy, 
 Aristotle observes that they are best effected by 
 the representation of a change of fortune from 
 prosperity to adversity, happening to a person 
 neither eminently virtuous nor just, nor yet in- 
 
984 
 
 TRAGOEDIA. 
 
 TRAGOEDIA. 
 
 volved in misfortune by deliberate vice or villany, 
 but by some error of human frailty, and that he 
 should also be a person of high fame and eminent 
 prosperity, like Oedipus or Thyestes. Hence, he 
 adds, Euripides is not censurable, as is generally 
 supposed ; for tragedies with an unliappy termina- 
 tion like his, have always the most fnirjic eSect ; 
 and Euripides is the most tragic of all poets, i. c. 
 succeeds best in producing pity : an expression 
 especially true of some scenes in the Medea. In 
 Aeschylus, the feelings of pity and melancholy in- 
 terest are generally excited by the relation in 
 which his heroes stand to destiny. He mostly 
 represents them as vainly struggling against a 
 blind but irresistible fate, to whose power (ac- 
 cording to the old Homeric notion) even the father 
 of gods and men is forced to yield, and it is only 
 occasionally, as in the splendid chorus of the Eume- 
 nides (52"2), that we trace in him any intimations 
 of a moral and retributive government of the world. 
 Hence there is a want of moral lessons in his 
 works. In Sophocles, on the contrary, we see 
 indications of a different tone of thought, and the 
 superintendence of a directing and controlling 
 power is distinctly recognized : " the great Zeus 
 in heaven, who superintends and directs all things." 
 {Elcdr. 174; Tliirlwall, P/hY. il/«s. vol. ii. p. 492.) 
 
 The materials of Greek tragedy were the national 
 mythology, 
 
 " Presenting Thebes, or Pelops' line, 
 Or the tale of Troy divine." 
 
 The exceptions to this were the two historical 
 tragedies, the " Capture of Miletus," by Phrjoii- 
 chus, and the " Persians" of Aeschylus ; but they 
 belong to an early period of the art. Hence the 
 plot and story of the Grecian tragedy were of 
 necessity known to the spectators, a circumstance 
 which strongly distinguishes the ancient tragedy 
 froiB the modem, and to which is owing in some 
 measure the practical and quiet irony in the hand- 
 ling of a subject, described by TliirlwaU (P/iil. 
 Mm. ii. p. 483, &c.) as a characteristic of the 
 tragedy of Sophocles. 
 
 The functions of the Chorus in Greek Tragedy 
 were veiy important, as described by Horace {Ar. 
 Poet. 193), 
 
 " Actoris partes chorus officiumque virile 
 Dcfendat : ncu quid medios intercinat actus, 
 Quod noii proposito c()nducat,et haereatapte,"&c. 
 
 We must conceive of it, saj'S A. W. Schlegel, as 
 the personification of the thought inspired hy the 
 represented action ; in other words, it often ex- 
 presses the reflections of a dispassionate and right- 
 minded spectator, and inculcates the lessons of mo- 
 rality and resignation to the will of heaven, taught 
 by the occurrence of the piece in which it is en- 
 gaged. Besides this, the choins enabled a poet to 
 produce an image of the " council of elders," which 
 existed under the heroic governments, and under 
 whose advice and in whose presence the ancient 
 princes of the Greek tragedy generally acted. 
 This image was the more striking and vivid, inas- 
 much as the clionis was taken from the people at 
 large, and did not at all differ from the appearance 
 and stature of ordinary men ; so that the contrast 
 or relation between them and the actors was the 
 same as that of the Homeric Aaol and dVoKTej. 
 Lastly, the choral songs produced an agreeable 
 pause in the action, breaking the piece into parts, 
 while they presented to the spectator a lyrical 
 
 and musical expression of his own emotions, 
 or suggested to him lofty thoughts and great 
 argimients. As Schlegel says, the chorus was the 
 spectator idealised. With respect to the number 
 of the chorus, M'liller {Lit. of Greece, 300) thinks 
 that out of the dithyrambic chorus of 50 a quad- 
 rangular chorus of 48 persons was first formed, 
 and that this was divided into sets of 12, one for 
 each play of a tetraloge ; but in the time of Sopho- 
 cles, the tragic chorus amounted to 15, a number 
 which the ancient grammarians always presuppose 
 in speaking of its arrangements, though it might 
 be that the form of the Aeschylean tragedy after- 
 wards became obsolete. 
 
 The preceding account should be read in connec- 
 tion with the articles Chorus, Dionvsia, Histrio, 
 and Theatrum. 
 
 The explanation of the following phrases may 
 be useful. 
 
 llapaxop'n'yVf-'^ '■ this word was used in case 
 of a fourth actor appearing on the stage ; probably 
 because the choragus was required to be at an 
 extra expense in supplj'ing him with costume, 
 &c. ; sometimes actors so called spoke, as the 
 character of Pylades does (Aesch. C'/ioeph. 900 — 
 902) ; sometimes they were mutes. 
 
 llapaaKrivwv : this phrase was used when one 
 of the choreutae spoke in song, instead of a fourth 
 actor, probably near or behind the side-scenes. 
 Ylapriyup'^fiaTa were voices off the stage, and not 
 seen, as the frogs in the Ranae. (Pollux*, iv. 109 ; 
 Schol. itt Aristo])li. Ptu: 113.) 
 
 Tlapax^pv/J-aTa, persons who came forward hut 
 once, something like the irpoaaira TrpoTOTi/ca, or 
 introductory persons who open a drama and never 
 appear again ; as the watchman in the Againem- 
 mon, and Polydorus in the Hecuba. Terence also 
 frequently uses the persona protatica. (Donat. 
 Ter. Prolog, ml Aiidr.) 
 
 The 5ixopi'« was a double chorus, formed of the 
 choruses of two separate plays : thus at the end 
 of the Eumenides of Aeschylus the Furies of one 
 play and the festal train of another come on the 
 stage together. (M'uller, Literat. ^c. p. 300.) 
 
 The principal modem writers on the Greek 
 Tragedy are mentioned in the course of the article. 
 The reader may also consult Wachsmuth, ii. ii. p. 
 407 and 421 ; Gruppe, Ariadne, Die Tragisch 
 Kmist der Griechcn in Hirer Enlieichelung und in 
 i/rrem Ziisartime7diii nge mit der Vollisjioexie, Berl. 
 1834 ; Museum Criticum, ii. p. 09, &c.; Copleston, 
 Pruelectiones Academicae ; Schneider, Ueljcr das 
 Attische TIiea(erwese?i, an exceedingly valuable 
 book. 
 
 II. Roman Tragedy. The tragedy of the 
 Romans was, for the most part, an imitation of, or 
 rather a borrowing from, the Greek, the more im- 
 perfect and unnatural, as the construction of the 
 Roman theatre afforded no appropriate place for 
 the chorus, which was therefore obliged to appear 
 on the stage, instead of in the orchestra. The first 
 tragic poet and actor at Rome (Gellius, xxi. 17) was 
 Livius Andronicus, a Greek by birth, who began to 
 exhibit in B. c. 240. From the account in Livy 
 (vii. 2), it would seem that in his monodies (or 
 the lyrical parts sung, not by a chorus, but by 
 one person,) it was custoniai-y to separate tiie sing- 
 ing from the mimetic dancing, leaving the latter 
 only to the actor, while the singing was performed 
 by a boy placed near the flute-player [ante tilii- 
 ciiiem); so that the dialogue only (dicerOia) was 
 
TRAGOEDIA. 
 
 eft to be spoken by the actors. One of the plays 
 ivritten by him was an " Andronioda and he 
 ■ilso made a Latin prose translation of the Odyssec. 
 The next tragic poet at Rome was Naevius, who 
 ihowever appears to have written comedies as well 
 las tragedies (Hieron. in Euseh. (Mymp. 144. 3), 
 and a history of the first Punic war : so that the 
 ; writing of tragedies was not a distinct profession 
 ■at Rome, as at Athens. An " Alcestis" seems to ' 
 have been written by him. To the same epoch as [ 
 Livius Andronicus, and Naevius, belongs Ennius, 
 i who resembled the latter in being an epic poet as 
 ■ well as a tragedian. Amongst the plays written 
 by him are mentioned, a Medea, an Ajax, a Phoe- 
 nissae, an Iphigenia, an Andromache, and a ^ 
 ' Hecuba. Tlie metre used by him and Naevius 
 was iambic or trochaic in the dialogue, and ana- 
 paestic for the lyrical parts. (Gellius, xi. 4.) The \ 
 next distinguished tragedian was Pacuvius, a I 
 nephew of Ennius, and a painter also. His style 1 
 was more remarkable for spirit and vigour of ex- 
 pression than jiolish or rertnement, a deficiency 
 , attributable to his age and provincial origin, as he j 
 was born at Brandisium. Among his plays occur 
 an Antiope, a Chryses, and a Dulorestes (Quintil. 
 X. 1 ; Cicero, Orat. iii. 39), and his tragedies 
 found admirers even in the time of Persius. (i. 
 77.) Cicero {I. c.) quotes from him a spirited 
 translation of the concluding lines of the Prome- 
 theus Vinctus of Aeschylus. Attius or Accius the 
 yoimger was junior to Pacuvius by about fifty 
 years. His earlier plays were, as he himself ad- 
 mitted, harsh and obscure (GeUius, xiii. 2) ; but 
 liis style probably altered with increasing years. 
 Many fragments of his plays occur in Cicero and 
 the Latin grammarians, Diomedes, Nonius, and 
 Varro. He was also a writer of annals in hexa- 
 meter verses. (Macroh. Sat. i. 7.) The five poets 
 mentioned above belong to the earlier epoch of 
 Roman tragedy, in which little was written but 
 translations and imitations of the Greek, with occa- 
 sional insertions of original matter. How they 
 imitated the structure of the choral odes is doubt- 
 fiU, perhaps they never attempted it. Ennius, 
 Pacuvius, and Accius are contrasted by Cicero 
 {de Orat. iii. 7), with Aeschylus, Sophocles, and 
 Euripides; and of the two last Quintilian (x. 1, 
 §97) says, "Virium Accio plus tribuitiir ; Pacu- 
 vium videri doctiorem, qui esse docti aifectant, 
 volunt." 
 
 In the age of Augustus the writing of tragedies, 
 whether original or imitations, seems to have been 
 quite a fashionable occupation. The emperor himself 
 attempted an Ajax, but did not succeed ; and when 
 his friends asked him, " (^uidnam Ajax ageret?" 
 his reply was " Ajacem suum in spongiam incubu- 
 isse." (Suet. Atu/. 85.) One of the principal 
 tragedians of this epoch was Asinius Pollio, to 
 whom the line (Virg. Edoij. viii. 10) 
 
 " Sola Sophocleo tua carmina digna cothumo," 
 is supposed to apply : he also excelled in other 
 literary accomplishments. (Hor. Carm. ii. 1.) Ovid 
 {Trist. ii. 556) also wrote a tragedy, of which 
 Quintilian (x. 1. § 98) says, " Ovidii Medea vi- 
 detur niilii ostendere, quantum ille vir praestare 
 potuerit si ingenio suo temperare quam indulgere 
 maluisset." His " armorum judicium" (iUf*/)«o»-. 
 xiii.) between Ajax and Ulysses, on which Pacu- 
 vius and Accius also wrote dramas, proves that 
 he miglit have rivalled Euripides in rhetorical 
 skill. Quintilian also says of Varius, who was 
 
 TPAT'MATOS. 
 
 985 
 
 distinguished in epic as well as tragic poetry (Hor. 
 Carm. i. 6 ; Ar. Poet. 5a ; Tacit. Dial xii. I ), that 
 his Thyestes might be compared with any of the 
 Greek tragedies. Some fragments of this Thyestes 
 are extant, but we have no other remains of the 
 tragedy of the Augustan age. The loss perhaps is 
 not great ; for the want of a national and indi- 
 genous mythology must have disabled the Roman 
 poets from producing any original counterparts of 
 the Greek tragedy ; besides which, in the later 
 days of the republic, and under the empire, the 
 Roman people were too fond of gladiatorial shows, 
 and beast-fights, and gorgeous spectacles, to en- 
 courage the drama. Moreover, it is also manifest 
 that a tragedy like that of the Greeks could not 
 have flourished under a despotism. 
 
 The only complete Roman tragedies that have 
 come down to us are the ten attributed to the 
 philosopher Seneca. But whether he wrote any 
 of them or not is a disputed point. It is agreed 
 that they are not all from the same hand, and it is 
 doubtful whether they are all of the same age 
 even. In one of them, the Medea, the author 
 made his heroine kill her children on the stage, 
 " coram populo," in spite of the precept of Horace. 
 Schh'gel (Lect. viii.) thus speaks of them: "To 
 whatever age they belong, they are beyond de- 
 scription bombastic and frigid, utterly unnatural in 
 character and action, and full of the most revolting 
 violations of propriety, and barren of all theatrical 
 effect. With the old Grecian tragedies they have 
 nothing in common but the name, the exterior 
 form, and the matter. Their persons are neither 
 ideal nor real men, but misshapen giants of pup- 
 pets, and the wire that moves them is at one time 
 an unnatural heroism, at another a passion alike 
 unnatural, which no atrocity of guilt can appal." 
 Still they have had adndrers : Heinsius calls the 
 Hippolytus " divine," and prefers theTroades to the 
 Hecuba of Euripides : even Racine has borrowed 
 from the Hippolytus in his Phedre. 
 
 Roman tragedians sometimes wrote tragedies 
 on subjects taken from their national history. 
 Pacuvius, e. (/. wrote a Paiihis, L. Accius a 
 Brutus and a Decius. (Cic. dc Dir. i. "22.) Curia- 
 tins Matenius, also a distinguished orator in the 
 reign of Domitian, wrote a Douiitius and a Cato, 
 the latter of which gave offence to the rulers of 
 the state ( potentium animos ojf'euilit. Tacit. Dial. 2 ; 
 Lang. Viiid. Trag. Roman, p. 14). Tlie fragments 
 of the Thyestes of Varius are given bv Bothius, 
 Poet. Seen. Lat. Fraq. p. 279. [R. W— N.] 
 TRA'GULA. [Hasta, p. 469.] 
 TRANSA'CTIO IN VIA. [Actio, p. 9.] 
 TRA'NSFUGA. [Desertor.] 
 TRANSTRA. [Ships, p. ii79.] 
 TRANSVE'CTIO EQUITUM. [Equites, 
 p. 395.] 
 
 TPATfMATO^ 'EK nPONOI'AS TPA-i'H'. Our 
 principal information respecting this action is de- 
 rived from two speeches of Lysias, namely, irpos 
 'SXfxwva. and vtfl rpavfMTOs tK -n-povoias, though 
 they do not supply us with many particulars. It 
 appears however that this action could not be 
 brought by a)/>/ person who had been wounded or 
 assaulted by anotlier, but that it was necessary to 
 prove that there had been an intention to murder 
 the person who had been wounded ; consequently 
 the irpSvoia consisted in such an intention. Cases 
 of this kind were brought before the Areiopagus : 
 if the accused was found guilty, he was exiled 
 
986 
 
 TRIBULA. 
 
 TRIBUNUS. 
 
 fi-oin the state and his property confiscated. (Com- 
 pare Dera. c. Ariatocr. 627. 22 ; c. Boeot. 1018. 9 ; 
 Aesch. de Fals. Lef/. 270 ; c. Ctes. 440. 608 ; Lys. 
 c. Andoc. p. 212 ; Lucian, Timon, 46 ; Pollux, viii. 
 40 ; Meier, Att. Proc. p. 314.) 
 
 TREBO'NIA LEX. [Le.x, p. 556.] 
 
 TRESVIRI. [Triumviri.] 
 
 TRIA'RII is the name of a class of soldiers be- 
 longing to the infantry of the Roman legion. Nie- 
 buhr {Hist, of Rome, i. p. 479) supposes that the 
 name was derived from their being formed of all 
 the three heavy armed classes, and not from their 
 being placed in the third line of the battle array 
 (Liv. viii. 8), so that the triarians formed thirty 
 centuries, ten belonging to each class. Thus the 
 triarians would have existed from the institution of 
 the Servian centuries (Niebuhr, ii. n. 450 ; comp. 
 n. 569 and iii. p. 117, &c.), but so long as the bat- 
 tle array of a legion resembled that of a Macedo- 
 nian phalanx, the triarians coidd not be in the line 
 of battle. They may however nevertheless have 
 existed with their name as guards of the camp, 
 where they defended the walls and palisades, for 
 which purpose they were armed with javelins, 
 spears, and swords. Their javelin also may have 
 been the pilum at an early time, whence their 
 name Pilani. If the camp did not require a guard, 
 the triarii would of course stand by their comrades 
 in the phalanx. In the military constitution ascribed 
 to Camillus (Plut. Camil. 40) the triarii formed 
 part of the third ordo, consisting of fifteen maniples 
 and were arrayed behind the principes. ( Liv. viii. 
 8.) In the time of Polybius, when the 170 centu- 
 ries no longer existed, the soldiers of the infantry 
 were drawn up in four ranks, according to their 
 age and experience, and the triarii now were 600 
 of the oldest veterans of a legion, and foimed the 
 fourth rank, where they were a kind of reserve. 
 (Polyb. vi. 21, &c.) Their armour was the same 
 as that of the hastati and principes, and consisted 
 of a square shield, a short Spanish sword, two pila, 
 a brass helmet with a high crest, and metal plates 
 for the protection of the legs. (See Niebuhr, c. 
 compared with the account of Gottling, Gesch. der 
 Rom. Stuatsv. p. 365. 399; Army (Roman), p. 
 95.) [L. S.] 
 
 TRI'BULA or TRI'BULUM {rpiSdkos), a 
 corn-drag, consisting of a thick and ponderous 
 wooden board, which was armed underneath with 
 pieces of iron or sharp flints and drawn over the 
 corn by a yoke of oxen, either tlie driver or a heavy 
 weight being placed upon it, for the purpose of se- 
 parating the grain and cutting the straw. (Varro, 
 de Re Rust. i. 52 ; Ovid, Met. xiii. 803 ; Pliii. H. 
 A^. xviii. 30; Longus, iii. 22; Brunck, yl«a/. ii. 
 215 ; Amos, i. 3.) Together with the trihida an- 
 other kind of drag, called traha, was also some- 
 times used, which it is probable was either entirely 
 of stone or made of the trunk of a tree. (Virg. 
 Georg. i. 164; Servius, adloc; Col. de Re Rust. ii. 
 21.) These instruments are still used in Greece, 
 Asia Minor, Georgia, and Syria, and are described 
 by various travellers in those countries, but more 
 especially by Paul Lucas {Voi/ar/e, t. i. p. 182), 
 Sir R. K. Porter (Travels, v. i. p. 158), Jackson 
 (Journey from India, p. 249), and C. Fellows 
 (Journal, p. 70. 333). The corn is threshed upon 
 a circular floor (area, aKuiv), either paved, made of 
 hardened clay, or of the natural rock. It is first 
 heaped in the centre, and a person is constantly 
 occupied in throwing the sheaves under the drag 
 
 as the oxen draw it round. Lucas and Fellows 
 have given prints representing the tribula as now 
 used in the East. The verb tribulare (CsAQ,deRe 
 Rust. 23), and the verbal noun trihulaiio were ap- 
 plied in a secondary sense to denote affliction in 
 general. [J. Y.] 
 
 TRI'BULUS (rplSoKos), a caltrop, also called 
 mureoe. (Val. Max. iii. 7. § 2 ; Curt. iv. 13. § 36.) 
 When a place was beset with troops, the one party 
 endeavoured to impede the cavahy of the other 
 party either by throwing before them caltrops, 
 which necessarily lay with one of their four sharp 
 points turned upwards, or by burying the cal- 
 trops with one point at the surface of the ground. 
 ( Veget. de Re Mil. iii. 24 ; Jul. Afiic. 69 ; ap. Vet. 
 Math. Graec. p. 311.) The annexed woodcut is 
 taken from a bronze caltrop figured by Caylus 
 (Recueil, iv. pi. 98). [J- Y.j 
 
 TRIBU'NAL, a raised platform, on which the 
 praetor and judices sat in the Basilica. It is de- 
 scribed under Basilica (p. 131). 
 
 There was a tribunal in the camp, which was 
 generally formed of tmf, but sometimes in a station- 
 ary camp, of stone, fi-om which the general address- 
 ed the soldiers, and where the consul and tribunes 
 of the soldiers administered justice. When the 
 general addressed the army from the tribunal, the 
 standards were planted in front of it, and tlie army 
 placed round it in order. The address itself was 
 j called Allocutio. (Lipsius, de Milit. Rom. iv. 9 ; 
 Castra, p. 206.) 
 
 A tribunal was sometimes erected in honour of a 
 deceased imperator, as, for example, the one raised 
 to the memory of Gcrmanicus. (Tacit. Annal. ii. 83.) 
 
 Pliny (H. N. xvi. 1) applies the term to em- 
 bankments against the sea. [P. S.] 
 TRIBUNI'CIA LEX. [Tribunus, p. 987.] 
 TRIBU'NUS. This word seems originally to 
 have indicated an officer connected with a tribe 
 (trihus) or who represented a tribe for certain pur- 
 poses ; and this is indeed the character of the of- 
 ficers who were designated by it in the earliest 
 times of Rome, and ma.y be traced also in the later 
 officers of this name. We subjoin an account of 
 all the Roman officers known under this name. 
 
 Tribunes ov the three ancient tribes. At 
 the time when all the Roman citizens were con- 
 tained in the three tribes of the Ramnes, Titles, 
 and Luceres, each of them was headed by a tribune 
 ((pvKapxos, Dionys. ii. 7; Dig. 1. tit. 2. s. 2. § 20 ; 
 ^Gvv..ad Ae7i. v. 560), and these three tribunes 
 
TRIBUNUS. 
 
 TRIBUNUS. 
 
 987 
 
 presented their respective tribes in all civil, reli- 
 ous, and military affairs ; that is to say, they 
 ere in the city the magistrates of the tribes, and 
 ■rformed the sacra on their behalf, and in times 
 war they were their military commanders. (Liv. 
 59 ; Dionys. ii. 64 ; Varro, dc Lim/. Lat. iv. p. 
 •4. Bip.) "Niebiihr {Hist, of Rome, i. p. 331) 
 ipposes that the trihiinus i-clerum was the tribune 
 f the Ramnes, the oldest and noblest amono; the 
 iree tribes, and in this opinion he is followed by 
 riittling {(rcsc/i. d. Riiiii. Stautsrcrf, p. 160), though 
 . is in direct contradiction to Dionysius (ii. 13) and 
 'omponius [de Orig. Jur., Dig. 1. tit. 2. s. 2. § 15), 
 icording to whom the tribunns celerum was the 
 iimmander of the celcrcs, the king's body-guard, a 
 tateracnt which is rejected by Niebuhr without 
 ny ancient authority, except that Dionysius in one 
 lassage (ii. (S4) vaguely speaks of tribuni celeram 
 n the plural. That however the tribunns celerum 
 vas really distinct from the three tribunes of the 
 ribes, is acknowledged by Niebuhr liimself in a 
 .ubsequent part of his work (iii. p. 41). In what 
 aanner the tribunus celerum was appointed, is 
 uicertain, but notwithstanding the statement of 
 Dionysius, that Tarquinius Superbus gave this of- 
 ice to L. Junius Brutus, it is much more probable 
 ;hat he was elected by the tribes ; for we tind that 
 tvhen the imperium was to be conferred upon 
 -he king, the comitia were held under the presi- 
 lency of the tribunus celerum, and in the absence 
 i( the king, to whom this officer was next in rank, 
 lie convoked the comitia : it was in an assembly of 
 this kind that Brutus proposed to deprive Tarqui- 
 nius of the imperium. (Liv. i. 5,0.) A law passed 
 under the presidency of the tribunus celerum was 
 tailed a le.c triliui/icia, to distinguish it from one 
 passed under the presidency of the king. [Regia 
 Lex.] The tribunes of the three ancient tribes 
 ceased to be appointed wiicn these tribes them- 
 selves ceased to exist as political bodies, and when 
 the patricians became incorporated in the local 
 tribes of Servius Tullius. [Tribu.s (Roman).] 
 
 Tribunes of the Servian trihes. When 
 Scrvius Tullius di\-idcd the commoiialtj- into thirt_Y 
 local tribes, we again find that at the head of these 
 tribes there was a tribune, whom Dionysius calls 
 (pvAapxos, like those of the patrician tribes. (Dion, 
 iv. 14.) He mentions thern only in connection 
 with the city tribes, but there can be no doubt 
 that each of the rustic tribes was likewise headed 
 by a tribune. The duties of these tribunes, who 
 were without doubt the most distinguished per- 
 sons in their respective districts, appear to have 
 consisted at first in keeping a register of the in- 
 habitants in each district and of their property, 
 for purposes of taxation and for levying the troops 
 for the armies. When subsequently the Roman 
 people became exempted from taxes, the main part 
 of their business was taken from them, Init they 
 still continued to exist. Niebuhr (i. p. 421) sup- 
 poses that the tribiud acrarii who occur down to 
 the end of the republic were only the successors of 
 the tribunes of the tribes. Varro {de Lim/. Lut. v. 
 p. / 4. Bip.) speaks of ciirutni-cs omnium tnbiium. a 
 name by which he probably means the tribunes of 
 the tribes. When in the year 406 B. c. the custom 
 ot giving pay {stipciidium) to the soldiers was in- 
 troduced, each of the tribuni aerarii had to collect 
 the tributum in his own tribe, and with it to pay 
 the soldiers (Varro, (fe Linrj, Lat. iv. p. 4.9. Bip.), 
 and in case they did not fulfil this duty, the soldiers 
 
 had the right of pignoris capio against them. (Cato, 
 ap. Gell. vii. 10.) In later times their duties ap- 
 pear to have been confined to collecting the tribu- 
 tum, which they made over to the military quaes- 
 tors who paid the soldiers. [Qu.aestor.] The 
 lex Aurelia (70 B. c.) called the tribuni aerarii to 
 the exercise of judicial functions, along with the 
 senators and equites, as these tribunes represented 
 the body of the most respectable citizens. (OrcUi, 
 Onom. Tall. iii. p. 142 ; Appian, de Bell. Civ. iii. 
 23.) But of this distinction they were subse- 
 quently deprived by Jidius Caesar. (Suet. Caes. 
 41.) 
 
 Tribuni Plebis. The ancient tribunes of the 
 plebeian tribes had undoubtedly the right of con- 
 voking the meetings of their tribes and of main- 
 taining the privileges granted to them by king 
 Servius and suljsequently by the Valerian laws. 
 But this protection was very inadequate against 
 the insatiable ambition and usurpations of the 
 patricians. WJien the plebeians, impoverished by 
 long wars and cruelly oppressed by the patricians, 
 at last seceded in the year 494 B. c. to the Mons 
 Sacer, the patricians were obliged to grant to the 
 plebeians the right of appointing tribunes {tribuni 
 plebis) with more efficient powers to protect their 
 own order than those which were possessed by the 
 heads of the tribes. The purpose for which they 
 were appointed was only to afford protection against 
 any abuse on the part of the patrician magistrates ; 
 and that they might be able to afford such protec- 
 tion, their persons were declared sacred and invio- 
 lable, and it was agreed that whoever acted against 
 this inviolability should be an outlaw, and that his 
 property should be forfeited to the temple of Ceres. 
 (Liv. ii. 33; Dionys. vi. 89.) This decree seems to 
 contain evidence that the heads of the tribes in 
 their attempts to protect members of their own or- 
 der had been subject themselves to insult and mal- 
 treatment ; and that similar things occurred even 
 after the sanctity of the tribunes was established by 
 treaty, may be inferred from the fact that some time 
 after the tribuneship was instituted heavy punish- 
 ments were again enacted against those, who should 
 venture to annoy a tribune wlien he was making a 
 proposition to the assembly of the tribes. The law 
 by which these punishments were enacted ordained 
 that no one should oppose or interrupt a tribune 
 while addressing the people, and that whoever 
 should act contrary to this ordinance should give 
 bail to the tribunes for the payment of whatever 
 fine they should affix to his offence in arraigning 
 him before the commonalty ; if he refused to give 
 bail, his life and property were forfeited. (Dionys. 
 vii. 17.) It should however be observed that this 
 law belongs to a later date than that assigned to it 
 by Dionysius, as has been shown by Niebuhr (ii. 
 p. 98) ; it was in all probability made only a short 
 time before its first application in 4()1 B. c. in the 
 case of Caeso Quinctius. (Liv. iii. 13.) The tri- 
 bunes were thus enabled to afford protection to any 
 one who appealed to the assembly of the common- 
 alty or required any other assistance. They were 
 essentially tlie representatives and tlie organs of 
 the plebeian order, and their sphere of action was 
 the comitia tributa. With the patricians and their 
 comitia they had nothing to do. The tribunes them- 
 selves however were not judgesand could inflict no 
 punishments (Gellius, xiii. 12), but could only pro- 
 pose the imposition of a fine to the commonalty 
 {muliam irrogare). The tribunes were thus in 
 
988 
 
 TRIBUNUS. 
 
 TRIBUNUS. 
 
 their origin only a protecting magistracy of the 
 plebs, but in the course of time their power in- 
 creased to such a degree tliat it surpassed that of 
 all other magistrates, and the tribunes then, as 
 Niebuhr (i. p. 614) justly remarks, became a ma- 
 gistracy for the whole Roman people in opposition 
 to the senate and the oligarchical elements in 
 general, although they had nothing to do with 
 the administration or the government. Dur- 
 ing the latter period of the republic they became 
 true tyrants, and Niebuhr justly compares their 
 college such as it was in later times, to the 
 national convention of France during the first 
 revolution. But notwithstanding the great and 
 numerous abuses which were made of the tri- 
 bunitian power by individuals, the greatest histo- 
 rians and statesmen confess that the greatness of 
 Rome and its long duration is in a great measure 
 attributable to the institution of this office. 
 
 As regards the number of the tribunes of the 
 people, all the ancient writers agree (see the pas- 
 sages in Niebuhr, i. n. 1356), that at first they 
 were only two, though the accounts differ as to the 
 names of the first tribunes. Soon afterwards how- 
 ever the number of tribunes was increased to five, 
 one being taken from each of the five classes. (As- 
 con, in Cic. Corn. p. 56. ed. Orelli ; Zonar. vii. 15.) 
 When this increase took place is quite uncertain. 
 According to Dionysius (vi. 8!)) throe new tribunes 
 were added immediately after the appointment of 
 the first two. Cicero [Fnipm. Curiwt. p. 451. 
 Orelli) states, that the year after the institution of 
 the tribunes tlicir number was increased to ten ; 
 according to Livy (ii. 33) the first two tribunes 
 immediately after their appointment elected them- 
 selves three new colleagues ; according to Piso (aj). 
 Liv. ii. 5fi) there were only two tribunes down to 
 the time of the Publilian laws. It would be hope- 
 less to attempt to ascertain what was really the 
 case ; thus much only is certjiin, that the number 
 was not increased to ten till the year 457 b. c, 
 and that then two were taken from each of the 
 five classes. (Liv. iii. 30 ; Dionys. x. 30.) This 
 number appears to have remained unaltered down 
 to the end of the empire. 
 
 The time when the tribunes were elected was 
 according to Dionysius (vi. 89) always on the 10th 
 of December, although it iS evident from Cicero 
 (od Att. i. 1) that in his time at least the election 
 took place a. d. xvi. Kal. Sextil. (l/th of July.) 
 It is almost superfluous to state that none but ple- 
 beians were eligible to the office of tribune ; hence 
 when towards the end of the republic patricians 
 wished to obtain the office, they were obliged first 
 to renounce their own order and to become plebei- 
 ans [Patricii, p. 7-7] ; hence also under the em- 
 pire it was thought that the princeps should not 
 be tribune because he was a patrician. (Dion Cass, 
 liii. 17. 32.) But the influence which belonged to 
 this office was too great for the emperors not to 
 covet it. Hence Augustus was nKuU- triliune fur 
 life. (Suet. Aug. 27 ; Tacit. Amial. i. 2 ; compare 
 also Tiber. 9. "23; Kcs?;. 12; Tit. ii.) During 
 the republic, however, the old regulation remain- 
 ed in force even after the tribunes had ceased 
 to be the protectors of the plebs alone. The 
 only instance in which patricians were elected 
 to the tribuneship is mentioned by Li\'y (iii. 65), 
 and this was probably the consequence of an 
 attempt to divide the tribuneship between the 
 two orders. Although nothing appears to be more 
 
 natural than that the tribunes should originally 
 have been elected by that body of the Roman citi- 
 zens which they represented, yet the subject is in- 
 volved in considerable obscurity. Cicero {Fragm. 
 Curnel. I. c.) states that they were elected by the 
 comitia of tlie curies; the same is implied in the 
 accounts of Dionysius (I.e.) and Livy (ii. 56), ac- 
 cording to whom the comitia of the tribes did not 
 obtain this right till the Lex Publilia (472 B. c. ; 
 Liv. ii. 56 ; Dionys. x. 41). Niebuhr thinks (i. p. 
 618) that down to the Publilian law they were 
 elected by the centuries, the classes of which they 
 represented in their number, and that the curies as 
 Dionj'sius himself mentions in another place (vi. 
 90) had nothing to do with the election except to 
 sanction it. The election in the comitia of the 
 centuries however does not remove tlie difficulties, 
 whence Ciottling (p. 289) is inclined to think that 
 the tribunes before the expiration of their office 
 appointed their successors, after a previous consul- 
 tation with the plebeians. The necessity of the 
 sanction by the curies cannot be doubted, but it 
 appears to have ceased even some time before the 
 Publilian law. (Niebuhr, ii. p. 190.) After this 
 time it is never heard of again, and the election of 
 the tribunes was left entirely to the comitia tributa, 
 which were convoked and held fi)r this purpose by 
 the old tribunes previous to the expiration of their 
 office. (Liv. ii. 56, (Sec; Dionys. ix. 43. 49.) One 
 of the old tribunes was appointed by lot to preside 
 at the election. (Liv. iii. 64 ; Appian, dc Bell. Civ. 
 i. 14.) As the meeting could not be prolonged after 
 sunset, and the business was to be completed in one 
 day, it sometimes happened that it was obliged to 
 break up before the election was completed, and 
 tlien those who were elected filled up the legitimate 
 number of the college by cooptatio. (Liv. /. c.) But 
 in order to prevent this irregularity the tribune 
 L. Trebonius in 448 B. c. got an ordinance passed, 
 according to which the college of the tribimea 
 should never be completed by cooptatio, but the 
 elections should be continued on tlie second day, if 
 thej' were not completed on the first, till the num- 
 ber ten was made up. (Liv. iii. 64, 65; v. 10 ; 
 comp. Niebuhr, ii. p. 383.) The place where the 
 election of the tribunes was held was originally 
 and lawfully the Forum, afterwards also the Cam- 
 pus Martins, and sometimes the area of the Ca- 
 pitol. 
 
 We now proceed to trace the gradual growth of 
 the tribunitian power. Altliough its original cha- 
 racter was merely auxilium or /iojjfltm against pa- 
 trician magistrates, the plebeians appear early to 
 have regarded their tribunes also as mediators or 
 arbitrators in matters among themselves. This 
 statement of Lydus {<le A/u</i.^t. i. 38. 44 ; Dionys. 
 vii. 58) has been pointed out by Walter {O'esch. d. 
 Rum. Rcchts, p. 85). The whole power possessed 
 hy the college of tribunes was designated bj' the 
 name tribnnida jmtcslas, and extended at no time 
 furtlier than one mile bej'ond the gates of the city; 
 at a greater distance than this tliey came under 
 the imperium of the magistrates, like every other 
 citizen. (Liv. iii. 20; Dionys. viii. 87.) As they 
 were the public guardians, it was necessary that 
 every one should have access to them and at any 
 time ; hence the doors of their houses were open 
 day and night for all who were in need of help and 
 protection, which they were empowered to aflbrd 
 against any one, even against tlie highest magis- 
 trates. For the same reason a tribune was not 
 
TRIBUNUS. 
 
 ■lowed to be absent from the city for a wliole day, 
 scept during tlie Feriae Latinao, wlien tlie wliole 
 I'ople was assemljled on tlie Alban Mount. (Ma- 
 ■ob. Sat. i. 3.) 
 
 In the year 456 B. c. the tribunes, in opposition 
 5 the consuls, assumed the right to convoke the 
 cnate, in order to lay before it a rogation and dis- 
 iiss the same (Dionys. x. 31, 32) ; for until that 
 ime the consuls alone had had the right of laying 
 ■lebiscita before the senate for approbation. Some 
 ears after, 4.52 B. c., the tribunes demanded of the 
 onsuls to reqviest the senate to make a senatus- 
 imsultum for the appointment of persons to frame 
 I new legislation ; and during the discussions on 
 his subject the tribunes themselves were present 
 n the senate. (Dionys. x. .50. 52.) The written 
 egislation which the tribunes then wished can 
 )nly have related to their own order ; but as such 
 I legislation would only have widened the breach 
 letween the two orders, they afterwards gave way 
 :o the remonstrances of the patricians, and the new 
 egislation was to embrace both orders. (Liv. iii. 
 31 : Zonar. \\\. 18.) From the second decemvi- 
 rate the tribuneship was suspended, but was re- 
 stored after the legislation was completed, and now 
 issuraed a diiferent character from the change that 
 had taken place in the tribes. [Tribus (Roiuan.)] 
 The tribunes now had the right to be present at 
 the deliberations of the senate (Liv. iii. 69; iv. 1); 
 but they did not sit among the senators themselves, 
 but upon benches before the opened doors of the 
 lenate-house. (Val. Max. ii. 2. §7.) The in- 
 violability of the tribunes, which had before only 
 rested upon a contract between the two estates, 
 was now sanctioned and confirmed by a law of 
 M. Horatius. (Liv. iii. 55.) As the tribes now 
 also included the patricians and their clients, the 
 tribunes might naturally be asked to interpose on 
 behalf of any citizen, whether patrician or plebeian. 
 Hence the patrician ex-decemvir, Appius Claudius, 
 implored the protection of the tribunes. (Liv. iii. 
 56 ; comp. also viii. 33. 34 ; Niebuhr, ii. p. 374.) 
 About this time the tribunes also acquired the 
 right to take the auspices in the assemblies of the 
 tribes. (Zonaras, vii. 19.) They also assumed 
 again the right which they had exercised before 
 the time of the decemvirate, to bring patricians 
 who had violated the rights of the plebeians before 
 the comitia of the tribes, as is clear from several 
 instances. (Liv. iii. 56, &c.; iv. 44 ; v. 1 1, &c.) 
 Respecting the authority which a plebiscitum pro- 
 posed to the tribes by a tribune received through 
 the lex Valeria, see Plebiscitum. While the 
 college thus gained outwardly new strength every 
 day, a change took place in its internal organisa- 
 tion, which to some extent paralyzed its powers. 
 Before the year 394 B. c. everything had been 
 decided in the college by a majority (Liv. ii. 43, 
 44; Dionys. ix. 1. 2. 41 ; x. 31); but about this 
 time, we do not know how, a change was intro- 
 duced which made the opposition {iiitcrccssin) of 
 one tribune sufficient to render a resolution of his 
 colleagues void. (Zonar. vii. 15.) This new re- 
 gulation does not appear in operation till 394 
 and 393 b. c. (Liv. v. 25. 29) ; the old one was 
 still applied in B.C. 421 and 415. (Liv. iv. 42. 
 48; comp. Niebuhr, ii. p. 438.) From their right 
 of appearing in the senate, and of taking part in 
 its discussions, and from their being the repre- 
 sentatives of the whole people, they gradually 
 obtained the right of intercession against any 
 
 TRIBUNUS. 
 
 989 
 
 action which a magistrate might undertake during 
 the time of his office, and this even without giving 
 any reason for it. (Appian. iJcrt. i. 23.) 
 Thus we find a tribune preventing a consul con- 
 voking the senate (Polyb. vi. KJ), preventing the 
 proposal of new laws or elections in the comitia 
 (Liv. vi. 35; vii. 17; x. 9 ; xxvii. 6); and they 
 interceded against the official functions of the 
 censors (Dion Cass, xxxvii. 9; Liv. xliii. 16); 
 and even against a command issued by the praetor. 
 (Liv. xxxviii. 60; Gell. vii. 19.) In the same 
 manner a tribune might place his veto upon an 
 ordinance of the senate (Polyb. vi. 16 ; Dion Cass, 
 xli. 2) ; and thus either compel the senate to sub- 
 mit the subject in question to a fresh consideration, 
 or to raise the session. (Caes. de Biil. Civ. i. 2; 
 Appiaii, de Bell. Civ. i. 29.) In order to propose 
 a measure to the senate they might themselves con- 
 voke a meeting (Gellius, xiv. 7), or when it had 
 been convoked by a consul they might make their 
 proposal even in opposition to the consul, a right 
 which no other magistrates had in the presence of 
 the consuls. The senate, on the other hand, had 
 itself, in certain cases, recourse to the tribunes. 
 Thus, in 431 b. c. it requested the tribunes to 
 compel the consuls to appoint a dictator, in com- 
 pliance with a decree of the senate, and the tri- 
 bunes compelled the consuls, by threatening them 
 with imprisonment, to appoint A. Postumius 
 Tubertus dictator. (Liv. iv. 26.) From this time 
 forward we meet with several instances in which 
 the tribunes compelled the consuls to comply with 
 the decrees of the senate, si /loit essc/it in a uctoritate 
 senatiis, and to execute its comniands. (Liv. v. 9; 
 xxviii. 45.) In their relation to the senate a 
 change was introduced by the Phhiscitum Atinium, 
 wliicli ordained that a tribune, by virtue of his 
 office, should be a senator, ((iellius xiv. 8; Zonar. 
 vii. 15.) When this plebiscitum was made is un- 
 certain ; but we know that in 170 B. c. it was not 
 yet in operation. (Liv. xiv. 15.) It probably 
 originated with C. Atinius, who was tribune in 
 B.C. 132. (Liv. Epii. 59; Plin. H. iV. vii. 45.) 
 But as the quaestorship, at least in later times, 
 was the office which persons held previously to 
 the tribuneship, and as the quaestorship itself con- 
 ferred upon a person the right of a senator, the 
 law of Atinius was in most cases superfluous. 
 
 In their relation to other magistrates we may 
 observe, that the right of intercessio was not con- 
 fined to stopping a magistrate in his proceedings, 
 but they might even coumiand theii' viatores 
 [Viatoh] to seize a consul or a censor, to im- 
 prison him, or to throw him from the Tarpeian 
 rock. (Liv. ii. 56; iv. 26 ; v. 9 ; ix. 34; £pit. 
 48. 55. 59 ; Cic. dc Le//(/. iii. 9 ; in Vutin. 9 ; Dion 
 Cass, xxxvii. 50.) It is mentioned by Labeo and 
 Varro {<ip. Gell. xiii. 12) that the tribunes, when 
 they brought an accusation against any one before 
 the people, had the right of prehensio, but not 
 the right of vocatio, that is, they might command a 
 person to be dragged by their viatores before the 
 comitia, but not to summon him. An attempt to 
 account for this singularity is made by Gellius. 
 (l. c.) They might, as in earlier times, pro)iose a 
 fine to be inflicted upon tlie person accused before 
 the comitia, but in some cases they dropped this 
 proposal and treated the case as a capital one. 
 (Liv. viii. 33; xxv. 4; xxvi. 3.) The college of 
 tribunes had also the power of making edicts, as 
 that mentioned by Cicero (t« IWi: ii. 41 ; comp. 
 
990 TRIBUNUS. 
 
 GeU. iv. 14; Liv. xxxviii. 5"2). In cases in which 
 one member of the college opposed a resolution of 
 his colleagues nothing could be done, and the 
 measure was dropped ; but this useful check was 
 removed by the example of C. Tiberius Gracchus, 
 in which a precedent was given for proposing to 
 the people that a tribune obstinately persisting on 
 his veto should be deprived of his office. (Appian, 
 (/(' Dell. Civ. i. 12; Plut. Tib. Gracch. 11. 12. 15; 
 Cic. deLcgg. iii. 10; Dion Cass, xxxvi. 13.) 
 
 From the time of the Hortensian law the power 
 of the tribunes had been gradually rising to such a 
 height that there was no other in the state to equal 
 it, whence Velleius (ii. 2) even speaks of the ira- 
 perium of tribunes. They had acquired the right 
 of proposing to the comitia tributa or the senate 
 measures on nearly all the important affairs of the 
 state, and it would be endless to enumerate the 
 cases in which their power was manifested. Their 
 proposals were indeed usually made ex auctoritate 
 senatus, or had been communicated to and ap- 
 proved b\' it (Liv. xlii. 21 ) ; but cases in which the 
 people itself had a direct interest, such as a gene- 
 ral legal regulation (Liv. xxi. 63; xxxiv. 1), the 
 granting of the franchise (Liv. xxxviii. 315), the 
 alteration of the attributes of a magistrate (Liv. 
 xxii. 25, &c.), and others, might be brought before 
 the people, without their having previously been 
 communicated to the senate, though there are also 
 instances of the contrary. (Liv. xxxv. 7 ; xxvii. 
 5.) Subjects belonging to the administration 
 could not be brought before the tribes without the 
 tribunes having previously received through the 
 consuls the auctoritas of the senate. This how- 
 ever was done very frequently, and hence we have 
 mention of a number of plebiscita on matters of 
 administration. (See a list of them in Walter, 
 p. 132. n. 11.) It sometimes even occurs that the 
 tribunes brought the question concerning the con- 
 clusion of a peace before the tribes, and then com- 
 pelled the senate to ratify the resolution as ex- 
 pressing the wish of the whole people. (Liv. xxx. 
 43 ; xxxiii. 2.5.) Sulla, in his refonii of the con- 
 stitution on the early aristocratic principles, left to 
 the tribunes only the jus auxiliandi, but de- 
 prived them of the right of making legislative or 
 other proposals, either to the senate or the com- 
 itia, without having previously obtained the sanc- 
 tion of the senate. [Tribus (Roaian).] But 
 this arrangement did not last, for Pompey restored 
 to them their former rights. (Zachariae, L. Corn. 
 Sulla, ah Oniner des Rom. Freistaates, ii. p. 12, 
 &c., and p. 99, &c.) 
 
 During the latter period of the republic, when 
 the office of quaestor was in most cases held imme- 
 diately before that of tribune, the tribunes were 
 generally elected from among the senators, and 
 this continued to be the same under the empire. 
 (Appian, rfe Bell. Civ. i. 100.) Sometimes, how- 
 ever, equites also obtained the office, and thereby 
 became members of the senate (Suet. Arui. 10. 40), 
 where they were considered of equal rank with 
 the quaestors. (Vellei. ii. 111.) Tribunes of the 
 people continued to exist down to the fifth cen- 
 tury of our aera, though their powers became 
 naturally much limited, especially in the reign of 
 Nero. (Tacit. Anmd. iii. 28.) They continued 
 however to have the right of intercession against 
 decrees of the senate, and on behalf of injured in- 
 dividuals, (Tacit. Annul, xvi. 26 ; Hist. ii. 91 ; 
 iv. 9 ; Plin. Epist. i. 23 ; ix. 13.) 
 
 TRIBUS (GREEK). 
 
 Tribuni militum cum co.vsulari potestate. 
 When in 445 B. c. the tribune C. Canuleim 
 brought forward the rogation that the consulship 
 should not be confined to either order (Liv. iv. 1 ; 
 Dionys. xi. 52), the patricians evaded the attempt 
 by a change in the constitution ; the powers which 
 had hitherto been united in the consulship were 
 now divided between two new magistrates, viz. 
 the Tribuni militum cum co7isulari potestate and the 
 censors. Consequenth', in 444 B. c. three military 
 tribunes, with consular power, were appointed, 
 and to this office the plebeians were to be equally 
 eligible with the patricians. (Liv. iv, 7 ; Dionys. 
 xi. GO, &c.) For the years following, however, 
 the people were to be at liberty, on the propos.al of 
 the senate, to decide whether consuls were to he 
 elected according to the old custom, or consular 
 tribunes. Henceforth, for many j'ears, sometimes 
 consuls and sometimes consular tribunes were ap- 
 pointed, and the number of the latter varied from 
 three to four, until in 405 B. c. it was increased to 
 six, and as the censors were regarded as their col- 
 leagues, we have sometimes mention of eight tri- 
 bunes. (Liv. iv. 61 ; V. 1 ; Diodor xv. 50; Liv. 
 vi. 27 ; Diodor. xv. 51 ; Liv. vi. 30.) At last, 
 however, in 367 B. c. the office of these tribunes 
 was abolished by the Licinian law, and the consul- 
 ship was restored. These consular tribunes were 
 elected in the comitia of the centuries, and un- 
 doubtedly with less solemn auspices than the con- 
 suls. Concerning the irregularity of their number, 
 see Niebuhr, ii. p. 325, &c. ; p. 389, &c. ; comp. 
 Gottling, p. 326, &c. 
 
 Tribuni Militares, were officers in the Roman 
 armies. Their number in a legion was originally 
 four, or, according to Varro, three, and they were 
 appointed by the generals themselves. In the 
 year 363 b. c. it was decreed that henceforth six 
 of these military tribunes should always be ap- 
 pointed in the comitia, probably the comitia of the 
 centuries. (Liv. vii. 5 ; comp. Polyb. vi. 1 9. ) Those 
 who were appointed by the consuls were distinguish- 
 ed from those elected by the people (comitiuti) by 
 the name of Ruifuli. (Liv. /. c. ; Fest. s. v. liuffuli.) 
 The number of tribunes in each legion was sub- 
 sequently increased to six, and their appointment 
 was sometimes left altogether to the consuls and 
 praetors (Liv. xlii. 31), though subsequently we 
 find again that part of them were appointed ^y 
 the people. (Liv. xliii. 14; xliv. 21.) Their 
 duties consisted in keeping order among the soldiers 
 in the camp, in superintending their military exer- 
 cises, inspecting outposts and sentinels, procuring 
 provisions, settling disputes among soldiers, super- 
 intending their health, &c. Compare Ar.my, 
 (Roman). 
 
 Tribunus Voluptatum, was an officer who 
 does not occur till after the time of Diocletian, 
 and who had the superintendence of all public 
 amusements, especially of theatrical perfomuinces. 
 (Cassiodor. Variar. vii. 10.) [L. S.] 
 
 TRIBUS (GREEK). {^vXov, ^vXtI.) In the 
 earliest times of Greek history mention is made of 
 people being divided into tribes and clans. Homer 
 speaks of such divisions in tenns wliich seem to imply 
 that they were elements that entered into the com- 
 position of everj- community. Nestor advises Aga- 
 memnon to arrange his army Kara cpvAa, Kara 
 (ppriTpas, so that each may be encouraged by the 
 presence of its neighbours. (//, ii. 362.) A per- 
 son not included in any clan (dippriTup), was re- 
 
TRIBUS (GREEK). 
 
 IjardeJ as a va^'rant or outlaw. {[(. ix. b'3.) These 
 jlivisioiis were rather natural than political, de- 
 oending on family connection, and arising out of 
 hose times, wlien each head of a familj^ exercised 
 1 patriarchal sway over its members. The bond 
 was cemented liy religious communion, sacrifices 
 md festivals, which all the family or clansmen 
 ittended, and at which the chief usually presided. 
 The aggregate of such communities formed a po- 
 itical society. (Aristot. Pol. i. 1. g 7.) In the ages 
 succeeding the heroic tribes and clans continued to 
 .'xist, though in the progress of civilization they 
 became more extended, and assumed a territorial 
 jr political, rather than a fraternal character. The 
 tribes were not iji general distinctions between 
 nobles and commons, unless the people were of 
 litfercnt races, or unless there had been an acces- 
 sion of foreigners, who were not blended with the 
 original inhabitants. It is true, tliat in the com- 
 mon course of things, nobles, or privileged classes, 
 sprang up in vaiious countries, by reason either of 
 wealth, or of personal merit, or descent from the 
 ancient kings ; and that in some cases all the land 
 was possessed by them, as by the Garaori of Syra- 
 jcuse (Herod, vii. 15.5) ; sometimes their property 
 ik was inalienable, as under our feudal law (Arist. 
 '^ol. ii. 4. § 4) ; and the Bacchiadae are an in- 
 stance of a noble family, who intermarried only 
 among themselves. (Herod, v. 92.) Still, how- 
 ever, as a general rule, there was no decided sepa- 
 ration of tribe, much less of caste, between nobles 
 and commons of the same race. Nor was there 
 any such distinction of a sacerdotal order. The 
 priestly function was in early times united to that 
 of the king (Arist. Pol. iii." 9. § 7) ; afterwards 
 the priesthood of particular deities became here- 
 ditary in certain families, owing either to a sup- 
 posed transmission of proplietic power, as in the 
 case of the Eumolpidae, Branchidae, lamidae ; or 
 to accidental circumstances, as in the case of Telines 
 of Gela (Herod, vii. 153) ; but the priests were 
 not separated, as an order, from the rest of the 
 people. (Wachsmuth, Hell. Alt. i. i. 76. 149 ; 
 Schomann, Ant. jur. pub. Or. p. 79.) The most 
 important distinctions of a class-like nature, be- 
 tween people li^ng under the same government, 
 arose in those countries that were conquered by 
 the migratory hordes of Thessalians, Boeotians, and 
 Dorians, in the century subsequent to the heroic 
 age. The revolutions which they effected, though 
 varj'ing in ditferent places according to circum- 
 stances, had in many respects a uniform character. 
 The conquering body took possession of the coun- 
 try, and became its lords ; tlie original inhabitants, 
 reduced to subjection, and sometimes to complete 
 vassalage or servitude, remained a distinct people 
 or tribe from the conquerors. The former built 
 cities, usually at the foot of some citadel that had 
 helouged to the ancient princes, where they re- 
 sided, retaining their military discipline and mar- 
 tial habits ; while a rural popidation, consisting 
 principally of the former natives, but partly also of 
 the less warlike of the invaders, and partly of fresh 
 emigrants invited or permitted by them to settle, 
 dwelt in the surrounding villages, and received the 
 name of ITcpioifcoi. The condition of the Lacedae- 
 monian nepLoiKoi is spoken of under riEPi'OlKOI. 
 A similar class arose in most of the countries so colo- 
 nized, as in Argos, Corinth, Elis, Crete, &c. (He- 
 rod, viii. 73 ; Thucyd. ii. "25 ; Xonopli, Uc/L iii. 
 2. § 23. 30 ; Pausan. iii. 8. § 3 ; viii. 27. § 1 ; 
 
 TRIBTIS (GREEK). 
 
 991 
 
 Arist. Pol. ii. G. g 1 ; v. 0. §8.) But their con- 
 dition varied according to the manner in which the 
 invaders effected their settlement, and other cir- 
 cumstances and events prior or subsequent to that 
 time. In many places the new comer was received 
 under a treat)', or upon more equitable terms, so 
 that a union of citizenship would take place be- 
 tween them and the original inhabitants. This 
 was the case in Elis, Messenia, Phlius, Troezen. 
 (Pausan. ii. 13. § 1 ; 30. § 10 ; v. 4. § 1 ; Thirl- 
 wall, Hkt. of Greece, i. 342.) So the Cretans, who 
 invaded Miletus, mingled with the ancient Carians, 
 and the lonians with the Cretans and Carians of 
 Colophon. (Pausan. vii. 2. § 5 ; 3. § 1.) In Me- 
 gara, the i-uling class, after a lapse of some time, 
 amalgamated with the lower. (Thirlwall, i. 430.) 
 In other places the irepiotKoi were more degraded. 
 Thus, in Sicyon they were compelled to wear sheep- 
 skins, and called Karoii/aKorpopoi, (Atlienaeus vi. 
 271) ; in Epidaurus they were styled KoviiroZes, 
 diisty-footed, a name which denoted their agricul- 
 tm'al occupation, but was meant as a mark of con- 
 tempt. (Miiller, Dor. iii. 4. §2.) But in general 
 they formed a sort of middle order between the 
 ruling people aiul the serf or slave. Thus, in Ar- 
 gos, there was a class of persons called Gi/mnesii or 
 Gymnetes, corresponding to the Helots. [TTMNH'- 
 2IOI.] So in Thessaly, in the districts not im- 
 mediately occupied by the Thessalian invaders, 
 there dwelt a population of ancient Aeolians, who 
 were not serfs, like the Pencstae [ITENE'STAI], 
 but only triljutary subjects, who retained their 
 personal liberty, though not admitted to the rank 
 of citizens. (Thirlwall, i. 438 ; Schiimann, Id. 401.) 
 So also in Crete, there were the Dorian freemen, 
 the veplotKot, or old inhabitants, similar to the 
 Lacedaemonians, and the slaves [Cosiwi, p. 294]. 
 We may observe that the term irepiotKoi is some- 
 times used in rather a different sense ; as when 
 Xenophon gives that name to the Thespians, who 
 were not subjects of the Thebans, as the Achaeans 
 were of the Spartans. (HeJl. v. 4. § 46.) In 
 some of the maritime states the condition of the 
 subject classes was somewhat different ; they were 
 suffered to reside more in the town ; as in Corinth, 
 where they were artisans, at Tarentum, where 
 they were fishemicn. (Wachsmuth, i. i. 162 ; 
 Schomann, Id. 80. 107.) 
 
 The ruling people, thus remaining distinct from 
 the rest, were themselves divided into tribes and 
 other sections. Of the Dorian race there were 
 originally three tribes, traces of which are found in 
 all the countries which they colonized. Hence 
 they are called by Homer Aoipiees Tpixa'Kfs- {Od. 
 xix. 177.) These tribes were the 'TAAeij, nd/i- 
 <l>v\oi, and Av/xavdrai or Avfiaves. The first de- 
 rived their name from Hyllus, son of Hercules, the 
 two last from Pamphylus and Dpnas, who are said 
 to have fallen in the last expedition when the 
 Dorians took possession of the Peloponnesus. The 
 HyUean tribe was perhaps the one of highest dig- 
 nity ; but at Sparta there does not appeal- to have 
 been much distinction, for all the freemen there 
 were by the constitution of Lycurgus on a footing 
 of equality. To these three tribes others were 
 added in different places, either when the Dorians 
 were joined by other foreign allies, or when some 
 of the old inhabitants were admitted to the rank of 
 citizenship or equal privileges. Thus the Cadmean 
 Aegeids are said by Herodotus to have been a 
 great tribe at Sparta, descended (as he says) from 
 
992 TRIBUS (GREEK). 
 
 Aegeus, grandson of Theras (Herod, iv. 149), 
 though others have thought they were incoi-porated 
 with the three Doric tribes. (Thirhvall, i. "257. 
 268. 314.) At Argos, Acgina, and Epidaums 
 there was an Hyniethian tribe besides the three 
 Doric. (Miiller, yitf/iH. 140.) In Sicyon Clisthenes 
 having changed the names of the Doric tribes, to 
 degrade and insult their members, and given to a 
 fourth tribe, to which lie himself belonged, the 
 name of Archelai, sixty years after his death the 
 Doric names were restored, and a fourth tribe 
 added, called Alyia\ees, from Aegialeus, son of the 
 Argive hero Adrastus. (Herod, v. 68.) Eight 
 tribes are mentioned in Corinth (Suidas, s. v. 
 Tiavra oktw), four in Tegea. (Pausan. viii. .53. § 6.) 
 In Elis there were twelve tribes, that were after- 
 wards reduced to eight by a war with the Arca- 
 dians (Paus. V. 9. § 6), from which they appear to 
 have been geographical divisions. (Wachsmuth, II. 
 i. 17.) Sometimes we find mention of only one of 
 the Doric tribes, as of the Hylleans in Cydonia 
 (Hesych. s. r. 'TAAets), tile Dymanes in IlaUcar- 
 nassiis ; which probably arose from colonics having 
 been founded by the members of one tribe only. 
 (Waclisrauth, ii. i. 15.) 
 
 Of all the Dorian people the Spartans kept 
 themselves the longest unmixed with foreign blood. 
 So jealous were tliey to maintain their exclusive 
 privileges, that they had only admitted two men 
 into their body before the time of Herodotus. 
 (Herod, ix. 33. 35.) Afterwards their numbers 
 were occasionally recruited by the admission of 
 Laconians, Helots, and foreigners ; but this was 
 done very sparingly, until the time of Agis and 
 Cleomenes, who created large numbers of citizens. 
 But we cannot further pursue this subject. (Scho- 
 mann. Id. 114.) 
 
 The subdivision of tribes into cpparpiai or irarpai, 
 yevri, Tpirrves, 6cc. appears to have prevailed in 
 various places. (Wachsmuth, ii. i. 18.) At Sparta 
 each tribe contained ten wSai, a word, like Koifiat, 
 denoting a local division or district ; each ohe con- 
 tained ten Tpia/coSes, communities containing thirtj' 
 families. But very little appears to be known of 
 these divisions, how far they were local, or how far 
 genealogical. After the time of Cleomenes the old 
 system of tribes was changed ; new ones "were 
 created corresponding to the different quarters of 
 the town, and seem to have been five in niunber. 
 (Schomajin, Ant. Jur. Pub. p. 115; Miiller, Dor. 
 iii. 5.) 
 
 The four Ionian tribes, Teleontes or Geleontes, 
 Hopletes, Argadeiises, Aegicorenses, who are 
 spoken of below in reference to Attica, were found 
 also in Cyzicum. In Samos a (pvKrj AiVxpiwciT) is 
 mentioned by Herodotus (iii. 26), which was pro- 
 bably a Carian race that mingled with the lonians. 
 In Ephesus five tribes are mentioned, of different 
 races. With respect to these the reader is referred 
 to Wachsmuth, n. i. 16. 
 
 The first Attic tribes that we read of are said 
 to have existed in the reign, or soon after the reign, 
 of Cecrops, and were called Cecrcyiris (KcKpoiri's), 
 Auiochthon (AutoxSwi'), Adaea ('AicTaia), and 
 Paralia. {UapaKia). In the reign of a subsequent 
 king, Cranaus, these names were changed to 
 Cramik (Kparais), AtlJiif. ('AtOi'i), Mrstyimi (Me- 
 0-070(0), and Diui-rk (Aio/cpi's). Afterwards we 
 find a new set of names ; Ituis (Aids), Athenais 
 ('h6r}vdh\ Posichnias {Tlo(j€iSui'ids), and Ilephacs- 
 tias (^H<paiaTtds) ; evidently derived from the 
 
 TRIBUS (GREEK). 
 
 deities who were' worshipped in the country. 
 (Compare Pollux, viii. 109.) Some of those 
 secondly mentioned, if not all of them, seem to 
 have been geogi'aphical divisions ; and it is not 
 improbable that, if not independent communities, 
 they were at least connected by a very weak bond 
 of union. But all these tribes were superseded by 
 four others, which were probably founded soon 
 after the Ionic settlement in Attica, and seem (as 
 before observed) to have been adopted by other 
 Ionic colonies out of Greece. The names Gehimies 
 (reXeocres), Hopldas ("OttAtjtcs), Argcules ('Ap- 
 7oSeis), Ae(/icores (AiyiKopeis), are said by Hero- 
 dotus (v. 66) to have been derived from the sons 
 of Ion, son of Xuthus. (Compare Eurip. Ion, 1596, 
 &c. ; Pollux, I. c.) Upon this, however, many 
 doubts have been thrown by modern writers, who 
 have suggested various theories of their own, more 
 or less ingenious, to which reference will be found 
 in the books cited below. It is impossible within 
 our limits to discuss the question at any length. 
 The etj'mology of the tliree last names would seem 
 to suggest, that the tribes were so called from the 
 occupations which their respective members fol- 
 lowed ; the Hopletes being the armed men, or 
 warriors ; the Argades, laboiu-ers or husbandmen ; 
 the Aegicores, goatherds or shepherds. It is diffi- 
 cult, however, to discover in the first name any such 
 meaning, unless TeAeovres, and not r^KeovTes, be 
 the true reading, in which case it has been sup- 
 posed that this tribe might be a sacerdotal order, 
 from T6A61C, used in its religious sense ; or a 
 peasantry who paid rent to the lords of the soil, 
 from TeAci!/ in the sense of to pay. Against the 
 former of these interpretations it may be objected, 
 that no trace of a priestly order is to be found in 
 later times of Attic history ; and against the latter, 
 that the Argades and the Teleontes would denote 
 a similar class of people, unless we resort to another 
 intei-pretation of the word Argades, i-iz. artizaiis, 
 who would hardly constitute a distinct trilie in so 
 early a period of society. It may be observed, 
 however, that Argades and Aegicores may be taken 
 to signify a local distribution of inhabitants, the 
 fonner being the tillers of the ground, dwelling in the 
 plain, the latter mountaineers ; and this agrees 
 very well not only with the known character of 
 the country of Attica, but also with the division 
 above mentioned as having existed in the reign of 
 Cranaus, viz. Mesogaea and Diacris. There is no 
 more difficulty in the one case than in the other, 
 in supposing that some of the tribes were denomi- 
 nated from their localities or occupations, while 
 others owed their names to other circumstances. 
 Argades and Aegicores might be the old inhabit- 
 ants, according to their previous division, while the 
 other two tribes might be the Ionic settlers, 
 Hopletes the most warlike portion of them, Gele- 
 ontes the great body, so called from a son of Ion. 
 Or the last might, as Schiimann thinks, be the an- 
 cient nobility, as distinguished from the Ionic 
 settlers. Whatever be the truth with respect to 
 the orisin of these tribes, one thing is more certain, 
 that before the time of Theseus, whom historians 
 agree in representing as the great founder of the 
 Attic conimciiiwealth, the various people who in- 
 habited the country continued to be disunited and 
 split into factions. 
 
 Theseus in some measure changed the relations 
 of the tribes to each other, by introducing a 
 gradation of ranks in each ; dividing the people 
 
TRIBUS (GREEK). 
 
 into EuiroTpi'Sai, r€Ci)/iopoi,aiid Ar;^io5p7oi, of whom 
 the first were nobles, the second agrieultnrists or 
 yeomen, the tliird labourers and mechanics. At 
 the same time, in order to consolidate the national 
 unity, he enlarged the city of Athens, with which 
 he incorporated several smaller towns, made it the 
 seat of government, encouraged the nobles to reside 
 there, and surrendered a part of the ro3'al prero- 
 gative in their favour. The Tribes or Phylae 
 were divided, either in the age of Theseus or soon 
 after, each into three ipparplai (a temi equivalent 
 to fraternities and analogous in its political relation 
 to the Roman Curiae), and each (pparp'ta into 
 thirty yevT) (equivalent to the Roman Cenlcx), the 
 members of a yevos being called yevvrjTat or 
 duoyaAoiKTes. Each y4vos w-as distinguished by a 
 particular name of a patronjuiic form, which was de- 
 rived from some hero or mythic ancestor. We ieam 
 from Pollux (viii. Ill) that these divisions, though 
 the names seem to import family connection, were in 
 feet artificial ; which shows that some advance had 
 now been made towards the establishment of a 
 closer political union. The members of the <ppa- 
 rplat and y4i''i] had their respective religious rites 
 and festivals, which were ))rcserved long after 
 these communities had lost their political import- 
 ance, and perhaps prevented them from being alto- 
 gether dissolved. (Compare Niebuhr, //is/, o/'i^o»^c, 
 
 i. p. 311, &c.) 
 
 The relation between the four Ionic tribes and 
 the three classes, into which Theseus divided the 
 nation, is a difficult and perplexing cpiestion. It 
 would appear from the statements of ancient writers 
 on the subject that each of the four tribes was 
 divided into Eupatridae, Geomori, and Demiurgi ; 
 which is confirmed by the fact that the four 
 <pv\o€a<Ti\(7s, who were the assessors of the so- 
 vereign, were all taken from the Eupatridae, but 
 at the same time one from each tril)e. [<i>TAO- 
 BA2IAEr2.] This, as Thirl wall {Hist, of Greece, 
 
 ii. 10) has remarked, can only be conceived pos- 
 sible on the supposition, that the distinctions 
 which originally separated the tribes had become 
 merely nominal ; but Maiden (Hist, of Rome, p. 
 140), who rejects the notion that the four Ionic 
 tribes were castes deriving their name from their 
 employment, supposes that the Tribes or Pliylae 
 consisted of the Eupatridae alone, and that the latter 
 were dirided into four Phylae like the patricians 
 at Rome into three. The Geomori and Demiiirgi 
 had therefore, according to his supposition, nothing 
 to do with the tribes. This- view of the subject 
 would remove many difficulties and is most in ac- 
 cordance with the subsequent history and political 
 analogies in other states, but seems hardly sup- 
 ported by sufficient evidence to warrant us in re- 
 ceiving it. 
 
 After the age of Theseus, the monarchy having 
 been first limited and afterwards abolished, the 
 whole power of the state fell into the hands of the 
 Eupatridae or nobles, who held all civil offices, and 
 had besides the management of religious affairs, and 
 the interpretation of the laws. Attica became 
 agitated by feuds, and we find the people, shortly 
 before the legislation of Solon, di\aded into three 
 parties, rieSmroi or lowlandcrs, AioKpioi or high- 
 knders, and IlapciXoi or people of the sea coast. 
 The two first remind us of the ancient division of 
 tribes, Mesogaea and Diacris ; and the three 
 parties appear in some measure to represent the 
 classes established bv Theseus : the first being the 
 
 TRIBUS (GREEK). 993 
 
 nobles, whose property lay in the champaign and 
 most fertile part of the countrj- ; the second, the 
 smaller landowners and shepherds ; the third, the 
 trading and raining class, who had by this time 
 risen in wealth and importance. To appease their 
 discords, Solon was applied to ; and thereupon 
 framed his celebrated constitution and code of laws. 
 Here we have onlj' to notice, tliat he retained the 
 four tribes as he found them, but abolished the ex- 
 isting distinctions of rank; or at all events greatly 
 diminished their importance, by introducing his 
 property qualification, or division of the people into 
 Tlfi'TaKoaio/j.^Stfj.voi, 'l7nr€?s, Zfvy^rai, and 0^t€s. 
 The enactments of Solon continued to be the law 
 at Athens, though in great measure suspended by 
 the tyranny, until the democratic refonn effected 
 by Clisthenes. He aboUshed the old tribes, and 
 created ten new ones, according to a geograpliical 
 division of Attica, and named after ten of the an- 
 cient heroes : Erceliilieis, Aeffeis, Paiiilioiiis, Lcontis, 
 Aeajuaritis, Oc/icis, Cccropif, Hipputlioontk, Acan- 
 tis, Antiochis. These tribes were divided each 
 into ten Sij^toi, the number of which was afterwards 
 increased by subdivision ; but the arrangement was 
 so made, that several Sij/j-oi not contiguous or near 
 to one another were joined to make up a tribe. 
 [Dejius.] The object of this arrangement was, 
 that by the breaking of old associations a perfect 
 and lasting revolution might be effected, in the 
 habits and feelings, as well as the political organi- 
 zation of the people. He allowed the ancient 
 (l>paTplai to exist, but they were deprived of all 
 political importance. All foreigners admitted to 
 the citizenship were registered in a Phylc and 
 Demus, but not in a Phratria or Gonos ; whence 
 Aristophanes (Ramu; 419 ; Avcs, 7()5) says, as a 
 taunting mode of designating new citizens, that 
 they have no phrators, or only barbarous ones 
 (quoted b}' Niebuhr, i. p. 312). The functions 
 which had been discharged by the old tribes were 
 now mostly transferred to the StJ/xoi. Among 
 others, we may notice that of the forty-eight 
 vavKpaplai into which the old tribes had been 
 divided for the purpose of taxation, but which now 
 became useless, the taxes being collected on a 
 different system. The reforms of Clisthenes were 
 destined to be permanent. They continued to be in 
 force (with some few interruptions) until thedown- 
 fal of Athenian independence. The ten tribes 
 were blended with the whole machinery of the 
 constitution. Of the Senate of five hundi'ed, fifty 
 were chosen from each tribe. The allotment of 
 SiKocTTixi was according to tribes ; and the same 
 system of election may be observed in most of the 
 principal offices of state, judicial and magisterial, 
 civil and military ; as that of the SiotTjjTai', Koyicr- 
 ral, ir&)\ijTai', TUfiiat, TeixoTOioi', <pv\apxoi, arpa- 
 Trryol, &c. In B. c. 307 Demetrius Poliorcetes 
 increased the number of tribes to twelve b}^ creat- 
 ing two new ones, nameh' Aiitiyonias andDcmctrias, 
 which afterwards received the names of Plolemais 
 and Atlalis ; and a thirteenth was subsequently 
 added by Hadrian, bearing his own name. (Plut. 
 De.metr. 10 ; Paus. i. 5. § 5 ; Pollux, viii. 110.) 
 
 The preceding account is only intended as a 
 brief sketch of the subject, since it is treated of un- 
 der several other articles, which should be read in 
 connection with this. [Civitas (Greek) ; De- 
 mur ; 4>T'AAPX0I ; *TAOBA2IAEr2, &c.] 
 
 (See Wachsmuth, i. i. 224 — 240 ; Hermann, 
 Lchrhucl, d. Griech. Statits. § 24. '.)?,. 94. 111. 175. 
 
 3 s 
 
994 TRIBUS (ROMAN). 
 
 176 ; Schomarm, Ant jur. pill), p. 165. 178. 200. i 
 395 ; Thirlwall, ii. 1—14. 32. 73.) [C. R. K.] : 
 TRIBUS (ROMAN). The three ancient Ro- . 
 mulian tribes, the Raranes, Tities, and Luceres, or 
 the Ramnenses, Titienses, and Lucerenses, to which 
 the patricians alone liolonged, must be distinjruished 
 from the thii'ty plebeian tribes of Servius Tullius, 
 which were entirely local, four for the city, and 
 twenty-six for the country around Rome. The 
 history and organization of the three ancient tribes 
 is spoken of under Patricii. They continued of 
 political importance almost down to the time of the 
 decemviral legislation ; but after this time they no 
 longer occur in the history of Rome, e.xcept as an 
 obsolete institution. 
 
 The institution and organization of the thirty 
 plebeian tribes, and their subsequent reduction to 
 twenty by the conquests of Porsenna, are spoken 
 of under Plebes, p. 766, 767. The four city 
 tribes were called by the same name as the regions 
 which they occupied, viz. Suburatia, Esquilina, Col- 
 Una, and Palatina. (Varro, De Ling. Lut. iv. p. 
 17. Bip. ; Festus, s. ti. Urbanas trihm.) The names 
 of the sixteen country tribes which continued to 
 belong to Rome after the conquest of Porsenna, 
 are in their alphabetical order as follow : Aemilia, 
 Camilla, Cornelia, Fahia, Galeria, Horatia, Lemo- 
 nia, Menetiia, Papiria, Pallia (which Niebuhr, i. 
 n. 977, thinks to be the same as the Poblilia, 
 which was instituted at a later time), Papiria, Pu- 
 pinia, Romilia, Seryia, Veturia, and Voltinia. 
 (Compare Gottling, Gesch. d. R'6ni Staatsv. p. 238.) 
 As Rome gradually acquired possession of more of 
 the surrounding territory, the number of tribes also 
 was gradually increased. When Appius Claudius, 
 with his numerous train of clients, emigrated to 
 Rome, lands were assigned to them in the district 
 where the Anio fiows into the Tiber, and a new 
 tribe, the tribus Claudia, was formed. This tribe, 
 which Livy (ii. 16. if the reading is correct) calls 
 vetus Claudia trihus, was subsequently enlarged, 
 and was then designated by the name Crustumina 
 or Clustumina. (Niebuhr, i. n. 1236.) This name 
 is the first instance of a country tribe being named 
 after a place, for the sixteen older ones all derived 
 their name from persons or heroes who were in the 
 same relation to them, as the Attic heroes called 
 iirwvviJ.oi were to the Attic phylae. In B. c. 387, 
 the number of tribes was increased to twenty-five 
 by the addition of four new ones, viz. the Stellar 
 Una, Tromeniina, Sahulina, and Arniensis. (Liv. 
 vi. 5 ; Niebuhr, ii. p. 575.) In 358 b. c. two 
 more, the Pomptina and Publilia, were formed 
 of Volscians. (Liv. vii. 15.) In B.C. 332, the 
 Censors Q. Publilius Philo and Sp. Posturaius 
 increased the number of tribes to twenty-nine, by 
 the addition of the Mcwcia and ScapHa. (Liv. viii. 
 17.) In B. c. 318 the U/entinaand Falerina were 
 added. (Liv. ix. 20.) In b. c. 299 two others, the 
 Aniensis and Terentina were added by the censors 
 (Liv. X. 9), and at last, in b. c. 241, the number of 
 tribes was augmented to thirty-five, by the addition 
 of the Quirina and Velina. This number was never 
 afterwards increased, as none of the conquered 
 nations were after this incorporated with the so- 
 vereign Roman state. (Liv. Epit. 19 ; i. 43.) When 
 the tribes, in their assemblies, transacted any busi- 
 ness, a certain order {ordo trihuum) was observed, 
 in which they were called upon to give their votes. 
 The first in the order of succession was the Subu- 
 rana, and the last the Arniensis. (Cic. de Ley Agr. 
 
 TRIBUS (ROMAN). 
 
 ii. 29.) Any person belonging to a tribe had in 
 important documents to add to his own name that 
 of his tribe, in the ablative case. [Nombn (Ro- 
 m.\n), p. 641.] 
 
 Whether the local tribes, as they were established 
 by the constitution of Servius Tullius, contained 
 only the plebeians, or included the patricians also, 
 is a point on which the opinions of modem scholars 
 are divided. Niebuhr, Walter, and others, think 
 that the patricians were excluded, as they had al- 
 ready a regular organization of their own ; Wach- 
 smuth, Gerlach, Rein, and others, on the contrary, 
 maintain that the patricians also were incorporated 
 in the Servian tribes ; but they allow, at the same 
 time, that by far the majority of the people in the as- 
 semblies of the tribes were plebeians, and that hence 
 the character of these assemblies was essentially 
 plebeian ; especially as the patricians, being so few 
 in numbers, and each of them having no more influ- 
 ence in them than a plebeian, seldom attended the 
 meetings of thetribes. The passages,however, which 
 are quoted in support of this opinion, are partly 
 insufficient to prove the point (as Liv. ii. 56. 60 ; 
 Dionys. ix. 41), and partly belong to a later pe- 
 riod, when it certainly cannot be doubted that the 
 patricians belonged to the tribes. We must there- 
 fore suppose, with Niebuhr, that down to the de- 
 cemviral legislation the tribes and their assemblies 
 were entirely plebeian. 
 
 The assemblies of the tribes {comitia tributa), as 
 long as they were confined to the plebeians, can 
 scarcely have had any influence upon the affairs of 
 the state : aU they had to do was to raise the tri- 
 butum, to hold the levies for the annies, and to 
 manage their own local and religious affairs. [Tri- 
 bunus ; Plebes.] (Fest. s. vv. Jugariius, publim 
 sacra, sobrium ; Varro, de Ling. Lai. v. p. 58. Bip. ; 
 Cie.pro Dom. 28 ; Macrob. 'Sat. i. 4. 16.) Their 
 meetings were held in the forum, and their sphere 
 of action was not extended by the establishment of 
 the republic. The first great point they gained 
 was through the lex Valeria, passed by Valerius 
 Publicola. [Valeriae leges.] But the time 
 from which the increase of the power of the co- 
 mitia of the tribes must be dated, is that in which 
 the tribuni plebis were instituted. (494 b. c.) 
 During the time of the decemviral legislation the 
 comitia were for a short time deprived of their in- 
 fluence, but we have every reason to believe that 
 immediately after, probably by this legislation it- 
 self, the comitia tributa, instead of a merely ple- 
 beian, became a national assembly, inasmuch as 
 henceforth patricians and freebom clients were in- 
 corporated in the tribes, and thus obtained the 
 right of taking part in their assemblies. (Liv. iv. 
 24 ; V. 30 ; vi. 18 ; xxix. 37.) This new con- 
 stitution of the tribes also explains the otherwise 
 unaccountable phenomena mentioned in the article 
 Tribunus, that patricians sought the protection oi 
 the tribunes, and that on one occasion even two oi 
 the tribunes were patricians. From the latter fact 
 it has been inferred, with great probability, that 
 about that time attempts were made by the patri- 
 cians to share the tribuneship with the plebeians, 
 But notwithstanding the incorporation of the patri- 
 cians in the tribes, the comitia tributa remained 
 essentially plebeian, as the same causes, whicli 
 would have acted, had the patricians been included 
 in the tribes by Servius Tullius, were still in ope- 
 ration ; for the patiicians were now even fewer in 
 number than two centuries before. Hence the old 
 
I TRIBUS (ROMAN). 
 
 I name of plebisciturn, which means originally a re- 
 I solution of the plebes only, although in a strict 
 I sense of the word no longer applicable, was still 
 I retained, as a resolution of the comitia tributii was 
 "practically a resolution of the plebes, which the 
 patricians, even if they had voted against it unani- 
 mnusl}', could not have prevented. Moreover, 
 owing to this, the patricians probably attended the 
 lomitia tributa very seldom. 
 
 In order to give a clear insight into the charac- 
 ter and the powers which the comitia tributa gra- 
 dually acquired, we shall describe them under 
 separate heads, and only premise the general re- 
 mark, that the influence of the comitia tributa was 
 more directed towards the internal aifairs of the 
 state and the rights of the people, while the co- 
 mitia centuriata exercised their power more in re- 
 ference to the foreign and external relations of the 
 state, although towards the end of the republic this 
 distinction gradually vanished. 
 
 I. Tlif electioyi of mar/istrates. The comitia tri- 
 buta had only the right of electing the magistratus 
 minores. (Messala ap. Gell. xiii. 15.) The tribuni 
 plebis were elected by them from the time of the 
 Publilian law [Tribunus], and in like manner the 
 nediles, though the cunde aediles were elected un- 
 iler the presidency of the consuls, and also at dif- 
 ferent meetings from those in which the plebeian 
 aediles were elected. (Gell. I. c; comp. vi. 9 ; Cic. 
 nd Ait. iv. 3 ; ad Fam. viii. 4 ; Liv. ix. 4C ; xxv. 
 2 ; Fest. s. v. Plehei aediles.) In later times the 
 quaestors also, and a certain number of the tribuni 
 inilitares were elected by the tribes. (C\c.ad Fam. 
 vii. 30 ; in Vatin. 5; Liv. iv. 54 ; vii. 5 ; ix. 30 ; 
 Sallust. .Jug. 63.) It also frequently occurs that 
 the proconsuls to be sent into the provinces were 
 elected by the tribes, and that others who were 
 already on their posts had their imperium prolonged 
 by the tribes. (Liv. viii. 23. 26 ; ix. 42 ; x. 22 ; 
 xxvii. 22, &c.) In the course of time, the comitia 
 tributa also assumed the right to elect the members 
 of the colleges of priests. This custom, however, 
 was towards the end of the republic frequently 
 modified. [Pontifex, p. 773, &c.] 
 
 II. Legislative poirers. The legislation of the 
 tribes was at first confined to making plebiscita on 
 the proposal of the tribunes, which were only bind- 
 ing upon themselves, and chiefly referred to local 
 matters. Such plebiscita did not of course require 
 the sanction either of the curiae or of the senate. 
 (Gell. x. 20 ; Dionys. x. 3 ; xi. 45.) But when 
 the comitia tributa came to be an assembly repre- 
 senting the whole nation, it was natural that its 
 resolutions should become binding upon the whole 
 people ; and this was the case, at first with and 
 afterwards without the sanction of the curies, the 
 senate, or the centuries, which were originally the 
 real legislative assembly. [Plebiscitum.] It 
 should however be observed that even after the 
 time when plebiscita became binding upon the 
 whole nation, there occur many cases in which a 
 plebiscitum is based upon and preceded l)y a 
 senatusconsultum, and we have to distinguish be- 
 tween two kinds of plebiscita. 1. Those relating 
 to the administration of the republic, which consti- 
 tutionally belonged to the senate, such as those 
 which conferred the imperium, appointed extraor- 
 dinary commissions and quaestiones, dispensed or 
 exempted persons from existing laws, decided upon 
 the fate of conquered towns and countries, and up- 
 on the affairs of provinces in general, &c. These 
 
 TRIBUS (ROMAN). 995 
 
 were always based upon a senatusconsultum, which 
 was laid before the tribes by the tribunes. 2. Ple- 
 biscita relating to the sovereignty and the rights of 
 the people naturally required no senatusconsultum, 
 and in general none is mentioned in such cases. Ple- 
 biscita of this kind are, for example, those which 
 grant the ci vitas and the suffragium,and those which 
 concern a great variety of subjects connected with 
 social life and its relations. The tribes also had the 
 power of abolishing old laws. (Cic. ad Att. iii. 23 ; 
 de Invent, ii. 45, &c.) The permission to enter 
 the city in triumph was originally granted to a 
 general by the senate (Appian, de Bell. Civ. ii. 8), 
 but the comitia tributa began in early times to 
 exercise the same right, and at last they granted 
 such a permission even without a senatusconsultum. 
 (Liv. iii. G3 ; v. 35, &c. ; x. 37; xxW. 21; Dion 
 Cass, xxxix. 65 ; Plut. Aem. Paul. 31, &c. ; Ly- 
 cull. 37.) The right of deciding upon peace and 
 war with foreign nations was also frequently 
 usurped by the tribes or permitted to them by a 
 senatusconsultum. In the time of Sulla the legis- 
 lative powers of the comitia were entirely abolished; 
 but of this change we shall speak presently. 
 
 III. Tloe. Jurisdietioji of the Iri/ies was very 
 limited, as they had only jmisdiction over those 
 who had violated the rights of the people, while all 
 capital offences belonged to the comitia centuriata. 
 In case of a violation of the popular rights the tri- 
 bunes or aediles might bring any oiu', even patri- 
 cians, before the comitia tributa, but the punish- 
 ment which they inflicted consisted only in fines. 
 In course of time, however, they became a court 
 of appeal from the sentence of magistrates in any 
 cases which were not capital. Magistrates also and 
 generals were sometimes, after the term of their 
 office had elapsed, summoned before the tribes to 
 give an account of their conduct and their admini- 
 stration. Private individuals were tried by them 
 in cases for which the laws had made no provisions. 
 (Cic. de Rep. i. 40 ; ii. 36; de Lec/p. iii. 4. 19; pro 
 Sext. 30. 34 ; compare Aediles ; Tribunus.) 
 
 The place where the comitia tributa assembled 
 might be either within or without the city, although 
 in the latter case not more than a mile beyond the 
 gates, as the power of the tribunes did not extend 
 further. (Dion Cass, xxxviii. 17.) For elections 
 the campus Martins was the usual place of meeting 
 (Cic. ad Att. iv. 3. 16; i. 1 ; ad Fam. vii. 30; 
 Plut. C. Graecli. 3), but sometimes also the Forum 
 (Cic. ad Att. i. 16), the area of the capitol (Liv. 
 xxxiii. 10; xliii. 16; Cic. ad Att. iv. 3), or the 
 circus Flaminius. (Liv. xxvii. 21.) 
 
 The usual presidents at the comitia tributa were 
 the tribunes of the people, who were assisted in 
 their functions by the aediles. No matter could 
 be brought before the tribes without the knowledge 
 and the consent of the tribunes (Liv. xxvii. 22 ; 
 XXX. 40 ; Cic. de Leg. Agr. ii. 8), and even the 
 aediles were not allowed to make any proposal to 
 the comitia without the permission of the tribunes. 
 (Gell. iv. 4; Dionys. vi. 90.) The college of tri- 
 bunes appointed one of its members by lot or by 
 common consent to preside at the comitia (Liv. ii. 
 56; iii. 64; iv. 57; v. 17, (f:.), and the mem- 
 bers of the college usually signed the proposal 
 which their colleague was going to lay before the 
 assembly. (Cic. pro Seai. 33 ; de Leg. Agr. ii. 9.) 
 During the period when the comitia tributa were a 
 national assembly the higher magistrates too some- 
 times presided at their meetings, though probably 
 
 3 s 2 
 
99(3 TRIBUS (ROMAN). 
 
 not without the sanction of the tribunes. In legis- 
 lative assemblies, however, the liighcr magistrates 
 presided veiy seldom, and instances of this kind 
 which are kno\vn were probably extraordinary 
 cases. (Plin. H. N. xvi. 15 ; Cic. pro Ball). 24 ; 
 Dion Cass, xxxviii. 6 ; xxxix. 65 ; Appian, dc Bell. 
 Civ. iii. 7.) In the comitia tributa assembled for 
 the purpose of electing tribunes, aedilcs, quaestors, 
 sacerdotes, and others, the consuls frequently ap- 
 pear as presidents. (Liv. iii. 55. C>4 ; Dionys. ix. 
 41, &c.; Appian, de Bdl. Civ. i. 14 ; Dion Cass, 
 xxxix. 32 ; Cic. in Vul. 5 ; ad Fam. vii. 30 ; ad 
 Brut. i. 5.) On one occasion the pontifex maximus 
 presided at the election of tribunes. (Liv. iii. 54.) 
 When the comitia were assembled for judicial pur- 
 poses aediles, consuls, or praetors might preside as 
 well as tribunes. (Liv. xxv. 4 ; Appian, dc Bell. 
 Civ. i. 30; Dion Cass, xxxviii. 17.) 
 
 Tlie preparations preceding elective assemblies 
 were very simple : the candidates were obliged to 
 give notice to the magistrate who was to preside at 
 the comitia, and the latter took their names and 
 announced them to the people when assembled. 
 (Liv. iii. 64 ; Appian, de Belt. Civ. i. 14 ; comp. 
 Cic. (ul Brut. i. 5.) For legislative assemblies the 
 preparations were greater and lasted longer. A 
 tribune (roc/ator or jirinccps rogationis, Cic. pro 
 Caecin. 33. 35) announced the proposal {rogatio) 
 which he meant to bring before the comitia three 
 nundines before the general meeting. During this 
 interval condones were held, that is, assemblies of 
 the people for considering and discussing the mea- 
 sure proposed, and any one might at such meetings 
 canvass the people for or against the measure. But 
 no voting took place in a concio. (Gellius, xiii. 5.) 
 The auspices were at first not taken in the comitia 
 tributa, as patricians alone had the right to take 
 them (Liv. vi. 41 ; Dionys. ix. 41. 49 ; x. 4), but 
 subsequently the tribunes obtained the same right, 
 though commonly they only instituted the s])ectio. 
 (Cic. ad All. i. IC; iv. 3. 16; in Vatin. 7; Zonar. 
 vii. 15.) 
 
 As regards the convocation of tlie comitia tributa, 
 the tribune who was appointed to ])reside at the 
 meeting simply invited tiie people by his viatores 
 without any of the solemnities customary at the 
 comitia centuriata. (Appian, de Bell. Civ. i. 2.9.) 
 In the assembly itself the president took his seat 
 upon a tribunal, was surrounded by his colleagues, 
 (Liv. xxv. 3 ; Dion Cass, xxxix. '65 ; Plut. '^Caf. 
 Min. 28), and made the people acquainted with 
 the objects of the meeting {rogahal). The rogatio 
 however was not read by the tribune himselfj)ut 
 by a praeco. (Ascon. in Cie. Cornel, p. 58. Orelli.) 
 Then discussion took place, and private individuals 
 as well as magistrates miglit, with the permission 
 of the tribune, speak either for or against the pro- 
 posal. At last the president requested the people 
 to vote by the phrase, He in suffragiimi (Liv. xxxi. 
 7), or a similar one ; and when they stood in dis- 
 order, they were first called upon to arrange them- 
 selves according to their tribes {disccdite), which 
 were separated liy ropes until the time when the 
 septa were built in the campus Martius. (Liv. xxv. 
 2 ; Cic. pro Dom. 18 ; Appian, de Bell. Civ. iii. 30.) 
 The succession in which the tribes voted was de- 
 cided by lot (Cic. de Leg. Ayr. ii. 9 ; Liv. x. 24 ; 
 xxv. 3), and the one which was to vote first was 
 called trihus praerogativa or principium, the others 
 jure, voeatae. In the tribus praerogativa some man 
 of eminence usually gave his vote first, and his 
 
 TRIBUS (ROMAN). 
 
 I name was recorded in the resolution. (Cic. pro 
 I Plane. 14 ; Frontin. de Aqueved. p. 129. ed. Bip.) 
 Out of the votes of each tribe a sufFragivmi was made 
 up, that is, the majorit}' in each tribe fonned the 
 suifragium, so that on the whole there were thirty- 
 five sufFragia. (Dionys. vii. 64 ; Appian, de Bell. 
 Civ. i. 12 ; Liv. viii. 37, &c. ; comp. Diribitores.) 
 When the counting of the votes had tiiken place, 
 the renuntiatio followed, that is, the result of the 
 voting was made known. The president then 
 dismissed the assembly, and he himself had the 
 obligation to see that the resolution was carried 
 into effect. The business of the comitia tributa, 
 like that of the centuriata, might be interrupted 
 by a variety of things, such as obnuntiatio, sunset, 
 a tempest, the intercession or veto of a tribune, the 
 morbus comitialis, &c. In such cases the meeting 
 was adjourned to another day. (Dionys. x. 40 ; 
 Liv. xlv. 35 ; Appian, de Bell. Civ. i. 12 ; Plut. 
 Tib. draceh. 11, &c. ; Dion Cass, xxxix. 34.) If 
 the elections could not be completed in one day, 
 they were continued on the day following ; but if 
 the assemlily had met in a judicial capacity, its 
 breaking up before the case was decided was in 
 regard to the defendant equivalent to an acquittal. 
 (Cic. pro Dom. 17.) If everything had apparently 
 gone on and been completed regularly, but the 
 augurs afterwards discovered that some error had 
 been committed, the whole resolution, whether it 
 was on an election, on a legislative or judicial mat- 
 ter, was invalid, and the whole business had to be 
 done over ag;iin. (Liv. x. 47 ; xxx. 39 ; Ascon. 
 ad Cic. Cornel, p. 68. Orelli; Cic. de Legg. ii. 12.) 
 
 What we have said hitherto applies only to the 
 comitia tributa as distinct from and independent 
 of the comitia centuriata. The latter assembly 
 was from the time of its institution by Servius 
 TuUius in reality an aristocratic assembly, since 
 tlie cquites and the first class by the great number 
 of their centuries exercised such an influence, that 
 the votes of the other classes scarcely came into 
 consideration. (See Liv. ii. 64; vii. 18; x. 37; 
 Dionys. ix. 43, &c. ; Plebes, p. 757.) Now as 
 patricians and plebeians had graduallj' become 
 united into one body of Roman citizens with al- 
 most equal powers, the necessity must sooner or 
 later have become manifest that a change should 
 be introduced into the constitution of the comitia 
 of the centuries in favour of the deniocratical prin- 
 ciple, which in all other parts of the government 
 was gaining the upper hand. The object of this 
 change was perhaps to constitute the two kinds of 
 comitia into one great national assembly. But tliis 
 did not take place. A change however was intro- 
 duced, as is manifest from the numerous allusions 
 in ancient writers, and as is also admitted by all 
 modem writers. As this change was connected 
 witli the tribes, though it did not affect the comitia 
 tributa, we shall here give a brief account of it. 
 But this is the more difficult, as we have no dis- 
 tinct account either of the event itself or of the 
 nature of the change, or of the time when it was 
 introduced. It is therefore no wonder that nearly 
 every modem writer who has touched upon these 
 points entertains his own peculiar views upon them. 
 As regards the time when the change was intro- 
 duced, some believe that it was soon after the esta- 
 blishment of the republic, others that it was esta- 
 blished by the laws of the twelve tables or soon 
 after the deceniviral legislation, while from Livy 
 (i. 43) compared with Dionysius (iv. 21) it appears 
 
TRIBUS (ROMAN). 
 
 to be manifest that it did not take place till the 
 time when the number of the thirty-five tribes was 
 completed, that is, after the year B. c.241, perha])s 
 in the censorship of C. Flaminius (b. e. 220), who 
 according to Polybius (ii. 21) made the constitution 
 more deniocratical. This is also the opinion of 
 Gerlach {Die Vrrfaasnnii ih's Si'i-riiis 7'ii//ius, p. 32, 
 &c.), and of Giittliim {(,'cs<:/i. </. luhn. ,S/aatsv. p. 
 382.) In regard to the nature of the change, all 
 writers agree that it consisted in an amalgamation 
 of the centuries and the tribes, but in the explana- 
 tion of this general fact opinions are still more di- 
 vided than in regard to tlu^ time when tlie change 
 was introduced, and it would lead us much too far 
 if we only attempted to state the diiferent views of 
 the most eminent modern writers. The question 
 is one which still reipiires a careful and minute 
 examination, but which will perhaps renuiin a 
 mystery for ever. In the mean while we shall 
 confine ourselves to giving the results of the latest 
 investigations on the subject, which have been 
 made by Giittling (p. SiSO, &c.). 
 
 The five classes instituted by Servius Tullius 
 contiiuied to exist, and were divided into cen- 
 turies of seniores and juniores (Liv. xliii. 10 ; Cic. 
 Philip, ii. 33 ; pro Place. 7 ; dc Hep. iv. 2 ; Siillust, 
 Jtig. 86 ; de Ordin.Rep. 2. 8) ; but tlie classes are 
 in the closest connection with the thirty-five tribes, 
 while formerly the tribes existed entirely inde- 
 pendent of the census. In this amalgamation of 
 the classes and the tribes the centuries fonned 
 subdivisions of both ; they were parts of the tribes 
 as well as of the classes. (Cic. pro Plane. 20 ; 
 de Legg. ii. 2 ; de Petit. Cons. 8.) Gdttling assumes 
 350 centuries in the thirty-five tribes, and gives 
 to the senators and cquitos their suiiVagium in the 
 first class of each tribe, as seniores and juniores. 
 The centuries of fabri and cornicines are no longer 
 mentioned, and the capite censi voted in the fifth 
 class of the fourth city tribe. Each century in a 
 tribe had one suttraginm, and each tribe contained 
 ten centuries, two (seniores axiA juniores) of each of 
 the five classes. (Val. Max. vi. 5. § 3.) Giittling 
 fiurther supposes that the equites were comprised 
 in the first class, and voted with it, and that they 
 were even called the centuries of the first class. 
 (Liv. xliii. 16.) The mode of voting remained, 
 on the whole, the same as in the former comitia 
 centuriata. The etiuites voted with the senators, 
 but the former usually among the juniores, and 
 the latter among the seniores. (Cic. de Rep. iv. 2 ; 
 de Petit. Cons. 8.) The following particulars, how- 
 ever, are to be observed. We read of a praeroga- 
 tiva in these assemblies, and this might be under- 
 stood either as a tribns praerogativa, or as a cen- 
 turia praerogativa. If we adopt the fonner of 
 these possibilities, which is maintained by some 
 modem writers, the ten centuries contained in the 
 tribus praerogativa would have given their suiiragia 
 one after the other, and then the renuntiatio, or 
 the annomicement of the result of their voting, 
 would have taken place after it was ascertained. 
 The inconsistency of this mode of proceeding has 
 been practically demonstrated by Rein (in Pauly's 
 Real. Eneyelop. der Altcrthumsii'i^s. ii. p. 556, 
 &c.), and as we know, from the passages aliove re- 
 ferred to, that tlie votes were given according to 
 centiuies (comp. Ascon. in Cic. Ural, in Tog. Land. 
 p. 95. Orelli), and according to tribes only in cases 
 when there was no dift'erence of opinion among 
 the centuries of the same tribe, we are obliged to 
 
 TRIBUS (ROMAN). 097 
 
 suppose that the praerogativa was a century taken 
 by lot from all the seventy centuries of the first 
 class, two of which were ciintaincd in each of the 
 thirty-five tribes, and that all the centuries of the 
 first class gave their voti-s Hvht, that is, after the 
 praerogativa. From the plural funu iiriii-r(}g(itivae, 
 it is moreover inferred that it consistrd of two 
 centuries, and that the two ceiiturirs of tlic first 
 class contained in the same tribe voted together. 
 (Cic. I'hiliii. ii. Fcst. s. V. Prdcro./d/irae ; 
 
 l'seiido-A«dn. in Vie. Verr. p. 139. ed.' Orelli ; 
 Liv. X. 22.) If, as in the passage of the Psendo- 
 Asconins, a tribus praerogativa is mentioned in 
 the comitia centuriata, it can only mean the tribe 
 from which the praerogativa ccnturia is taken by 
 lot, for a real tribus praerogativa only occurs in 
 the comitia tributa. The century of the first class 
 drawn by lot to be the praerogativa was usually 
 designated by the name (if the tribe to which it 
 belonged, e.g. Cialoria juniorum (Liv. xxvii. 6), 
 that is, the jmuores of the first class in the 
 tiibus Galeria; Aniensis juniorum (Liv. xxiv. 
 7); Veturia juniorum (Liv. xxvi. 22), &c. C. 
 Gracchus wished to make the mode of appoint- 
 ing the centuria praerogativa more democratical, 
 and proposed that it should be drawn from all 
 the five classes indiscriminately ; but this proposal 
 was not accepted. (Pseudo-Sidlust, de Rep. Ordin. 
 2. 6.) When the praerogativa had voted, the 
 result was announced (renuntiarc), and the other 
 centuries then deliberated whether they should 
 vote the same way or not. After this was done 
 all the centuries of the first class voted simultane- 
 ously, and not one after another, as the sjiace of 
 one day woidd otherwise not have been sutficient. 
 Next voted in the same manner all the centuries 
 of the second, then those of the third class, and so 
 on, until all the centuries of all the classes had 
 voted. The simultaneous voting of all the cen- 
 turies of one class is sometimes for this very reason 
 expressed by prima, or seeunda classis vocaim: 
 (Cic. Philip. I.e.; comp. Pseudo- Ascon. iti Cic. 
 Verr. p. 139, Orelli.) "When all the centuiies of 
 one class had voted, the result was announced. 
 Respecting the voting of the centuries the follow- 
 ing passages may also be consulted : Cic. pro Plane. 
 20; in Verr. v. 15; post Rnl. in Senat. II; ad 
 Q.uirit. 7 ; Liv. x. 9. 22 ; xxiv. 7 ; xxvi. 22. It 
 seems to have happened sometimes that all the 
 centuries of one tribe voted the same way, and in 
 such cases it was convenient to count the votes ac- 
 cording to tribes instead of according to centuries. 
 (Cic. ad Jit. i. 16 ; iv. 15 ; de Leg. Agr. ii. 2 ; pro 
 Plane. 22; Polyb. vi. U; Liv. v. 18; xl. 42 ; 
 Epit. 49 ; Suet. Cues. 41. 48. 80, &c.) 
 
 These comitia of the centuries, with their altered 
 and more democratical constitution, continued to 
 exist, and preserved a great part of their fonner 
 power along with the comitia tributa, even after 
 the latter had acquired their supreme importance 
 in the rcqjuldic. During the time of the moral 
 corruption of the Romans, the latter appear to 
 have been chiefly attended by the populace, which 
 was guided by the tribunes, and the wealthier 
 and more respectable citizens h;id little infiiieiice 
 in them. When the libertiiii and all the Italians 
 were incorjiorated in the old thirty-five tribes, 
 and when the political corruption had reached its 
 height, no trace of the sedate and moderate charac- 
 ter was left by which the comitia tributa had been 
 distinguished in former times. (Sail. Cat. 37 ; 
 
998 TRIBUS (ROMAN). 
 
 Suet. Goes. 41 ; Cic. ml AU. i. 16.) Violence and 
 bribery became the order of the day, and the 
 needy multitude lent willing ears to any instiga- 
 tions coming from wealthy bribers and tribunes who 
 were mere demagogues. Sulla for a time did away 
 with these odious proceedings ; since, according to 
 some, he abohshed the comitia tributa altogether, 
 or, according to others, deprived them of the right 
 of electing the sacerdotes, and of all their legislative 
 and judicial powers. (Cic. in Vcrr. i. 13. 15 ; rfe 
 Leyg. iii. .9 ; Liv. Epit. 89 ; Appian, de Ball. Civ. i. 
 69. 98 ; comp. Thibunus.) I5ut the constitution, 
 such as it had existed before Sulla, was restored 
 soon after his death by Pompey and others, with 
 the exception of the jurisdiction, which was for 
 ever taken from the people by the legislation of 
 Sulla. The people suffered another loss in the 
 dictatorship of J. Caesar, who decided upon peace 
 and war himself in connection with the senate. 
 (Dion Cass. xlii. 20.) He had also the whole of 
 the legislation in his hands, through his influence 
 with the magistrates and the tribunes. The 
 people thus retained nothing but tlie election of 
 magistrates ; but even this power was much li- 
 mited, as Caesar had the right to appoint half of 
 the magistrates himself, with the exception of 
 the consuls (Suet. Goes. 41 ; Cic. Philip, vii. G ; 
 Dion Cass, xliii. 51), and, as in addition to this, 
 he reconmiended to tlie people those candidates 
 whom he wished to be elected : and who would 
 have opposed his wish? (Dion Cass, xliii. 47; 
 Appian, de Belt. Civ. ii. 18.) After the death 
 of Caesar the comitia continued to be lield, but 
 wei'e always more or less the obedient instruments 
 in the hands of the rulers, whose unlimited powers 
 were even recognised and sanctioned by them. 
 (Appian, de Bell. Gtv. iv. 7 ; Dion Cass. xlvi. 55 ; 
 xlvii. 2.) Under Augustus the comitia still sanc- 
 tioned new laws and elected magistrates, but their 
 whole proceedings were a mere farce, for they 
 could not venture to elect any other persons than 
 those recommended by the emperor. (Suet. Aug. 
 40, &c. ; Dion Cass. liii. 2. 21 ; Iv. 34 ; Ivi. 40.) 
 Tiberius deprived the people even of this delusive 
 power, and conferred the power of election upon 
 the senate, ('i'acit. Aiinal. i. 15. 81 ; ii. 36. 51 ; 
 Veil. Pat. ii. 126.) When the elections were 
 made by the senate the result was annoimced to 
 the people assembled as comitia centuriata or 
 tributa. (Dion Cass. Iviii. 20.) Legislation was 
 taken away from the comitia entirely, and was 
 completely in the hands of the senate and the em- 
 peror. Caligula placed the comitia again upon the 
 same footing on which they had been in the time 
 of Augustus (Dion Cass. lix. 9; Suet. Cal. 16); 
 but this regulation was soon abandoned, and every 
 thing was left as it had been arranged by Tiberius. 
 (Dion Cass. lix. 20.) Vvom this time the comitia 
 may be said to luive ceased to exist, as all the 
 sovereign power fonnerly possessed by the people 
 was conferred upon the emperor by the lex regia. 
 [Regia Lex.] The people only assembled in the 
 Campus Martins for the purpose of receiving in- 
 fomiation as to who had been elected or appointed 
 as its magistrates, until at last even this announce- 
 ment {reuuiiliatio) appears to have ceased. 
 
 In addition to the works mentioned in the 
 course of this article, the reader may consult 
 Unterholzner, De iMukda Centuriatorum Gumit. a 
 Servu) Tullio liege Iiis/ilutorum Raiione, Breslau, 
 1835 ; G. C. Th. Francke, De TrUjuum, de curi- 
 
 TRIBUTUM. 
 
 arum atque Centuriarum Raiione, Schleswig, 1824;' 
 Huschke, Die Verfassmig des Servius Tidlius, 
 1838; Hiillraann, Romische Grundverfassung ; 
 Rubino, Vntersucliunyen uher die Rom. Verfassung, 
 1839 ; Zumpt, Ueber die Abstimmmig des Rom. 
 Volkes in Genturiatcomitien. [L. S.] 
 
 TRIBU'TA COMl'TIA. [Tribus (Roman).] 
 TRIBUTO'RIA ACTIO. [Servus (Ro- 
 man), p. 870.] 
 
 TRIBU'TUM is a tax which, as Niebuhr {Hist, 
 of Rome, i. p. 468) supposes, was at first only paid 
 by the plebeians, since the name itself is used by 
 the ancients in connection with the Servian tribes ; 
 for Varro {de Ling. Lat. iv. p. 49) says " tributum 
 dictum a tribubus," and Livy (i. 43) " tribus ap- 
 pellatae a tributo." But this seems to be only par- 
 tially correct, as Livy (iv. 60) expressly states that 
 the j)atres also paid the same tax. It is indeed 
 true, that the patricians had little real landed pro- 
 perty, and that their chief possessions belonged to 
 the ager publicus, which was not accounted in the 
 census as real property, and of which only the 
 tithes had to be paid, until at a late period an al- 
 teration was attempted by the Lex Thoria. (Appian, 
 de Bell. Civ. i. 27.) But there is no reason for 
 supposing that the patricians did not pay the tri- 
 butum upon their real property, although the 
 greater part of it naturally fell upon the plebeians. 
 (Liv. iv. 60 ; v. 10.) The impost itself varied ac- 
 cording to the exigencies of the state, and was 
 partly applied to cover the expenses of war, and 
 partly those of the fortifications of the city. (Liv. 
 vi. 32.) The usual amount of the tax was one for 
 every thousand of a man's fortune (Liv. xxiv. 15 ; 
 xxxix. 7. 44), though in the time of Cato it was 
 raised to three in a thousand. The tributum was 
 not a property tax in the strict sense of the word 
 for the accounts respecting the plebeian debtors 
 clearly imply, that the debts were not deducted in 
 the valuation of a person's property, so that he had 
 to pay the tributum upon property which was not 
 his own, but which he owed, and for which he had 
 consequently to pay the interest as well. It was 
 a direct tax upon objects without any regard to 
 their produce, like a land or house-tax, which in- 
 deed formed the main part of it. (Niebuhr, i. p. 
 581.) That which seems to have made it most 
 oppressive, was its constant fluctuation. It was 
 raised according to the regions or tribes instituted 
 by Servius Tullius, and by the tribunes of these 
 tribes, subsequently called tribuni aerarii. (Dionys. 
 iv. 14, 15.) Dionysius, in another passage (iv. 19) 
 states that it was imposed upon the centuries ac- 
 I cording to their census, but this seems to be a mis- 
 take, as the centuries contained a number of jimi- 
 ores who were yet in their fathers' power, and 
 consequently could not pay the tributum. It was 
 not like the other branches of the public revenue, 
 let out to farm, but being fixed in money it was 
 raised by the tribunes, unless (as was the case 
 after the custom of giving pay to the soldiers wa« 
 introduced) the soldiers, like the knights, de- 
 manded it from the persons themselves who were 
 bound to pay it. [Aes equestre and horhe- 
 arium.] When this tax was to be paid, what 
 sum was to be raised, and what portion of every 
 thousand asses of the census, were nuitters upon 
 which the senate had to decide alone. But when 
 it was decreed, the people might refuse to pa)' it 
 when they thought it too heavy, or unfairly dis- 
 tributed, or hoped to gain some other ad vant;ige by 
 
TRICLINIUM. 
 
 TRICLINIUM. 
 
 999 
 
 the refusal. (Liv. v. 12.) In later times the 
 senate sometimes left its regulation to the censors, 
 who often iixcd it very arbitrarily. No citizen 
 was exempt from it, but we find that the priests, 
 augm's and pontiifs made attempts to get rid of it, 
 but this was only an abuse which did not last. 
 (Liv. xxxiii. 42.) In cases of great distress, when 
 the tributum was not raised according to the 
 census, but to supply the momentary wants of 
 the republic, it was designated by the name of 
 Tribulum Tcmrrarium. (Fest. s. v. Tribatorum col- 
 hiionem.) After the war with Macedonia (u. c. 
 147), when the Roman treasury was tilled with the 
 revenues accruing from conquests and from the 
 provinces, the Roman citizens became exempted 
 from paying the tributum (Cic. de Ojf'. ii. 22 ; Plin. 
 H.N. xxxiii. 17), and this state of things lasted 
 down to the consulship of Hirtius and Pansa (43 
 B.C. ; Plut. ^ew;. Puul. 38), when the tributum 
 was again levied on account of the exhausted state 
 of the aerarium. (Comp. Cic. ad Fam. xii. 30 ; 
 Philip, ii. 37.) After this time it was imposed 
 according to the discretion of the emperors. 
 
 Respecting the tributum paid by conquered 
 countries and cities, see Vectigalia. Comp. 
 Hegewisch, Versuch uber die K6m. Finanzen, Al- 
 tona, 1804 ; Bosse, Grundziiye des Finanzicesens 
 im Rom. Staat, Braunschweig, 1803. [L. S.] 
 
 TPl'BnN. [Pallium, p. 703.] 
 
 TRICLI'NIUM, the dining-room of a Roman 
 house, the position of which, relatively to the other 
 parts of the house, is explained in p. 498. It was 
 of an oblong shape, and according to Vitnivius (vi. 
 3. § 8) ought to be twice as long as it was broad. 
 The same author (§ 10) describes triclinia, e\-i- 
 dently intended to be used in summer, which were 
 open towards the north, and had on each side a 
 window looking into a garden. The " house of the 
 Tragic Poet" at Pompeii, and also that of Actaeon, 
 appear to have had summer dining-rooms opening 
 to the viridarium. The woodcut at p. 443 shows 
 the arrangement of the three couches {Iccti, KKlvai), 
 from which the triclinium derived its name. They 
 also remain in the " House of Actaeon," being built 
 of stone. 
 
 The articles Lbctus, Torus, Pulvinar, and 
 AccUBiTA contain accounts of the furniture used 
 to adapt these couches for the accubatio, i. e. for the 
 act of reclining during the meal. When so pre- 
 pared for an entertainment they were called iricli- 
 nia strata (Caes. B. Civ. iii. 92. Compare Athen. 
 ii. p. 47, 48), and they were made to correspond 
 with one another in substiince, in dimensions, and 
 in shape. (Varro, L. L. ix. 47. ed. MiiUer.) As each 
 guest leaned during a great part of the entertain- 
 ment upon his left elbow, so as to leave the right 
 arm at liberty, and as two or more lay on the same 
 couch, the liead of one man was near the breast of 
 the man wlio lay behind him, and he was therefore 
 said to lie in the bosom of the other. (Plin. Epist. 
 iv. 22.) Among the Romans, the usual number of 
 persons occupying each couch was three, so that the 
 three couches of a triclinium afforded 'accommoda- 
 tion for a party of nine. It was the rule of Varro 
 (Gellius xiii. 11), that the number of guests ought 
 not to be less than that of the Graces, nor to ex- 
 ceed that of the Muses. Sometimes, however, as 
 many as four lay on each of the couches. (Hor. Sett. 
 i. 4. 86.) The Greeks went beyond this number : 
 Cicero says, they lay crowded by fives (see wood- 
 cut, p. 302), or packed even still more closely. (tVi 
 
 Pis. 27.) The oixot TpiaKOVTOKAivot (Plut. Sym-r 
 pos. V. 5. p. 1207) may be supposed to have re- 
 ceived about ninety guests at a time, there being 
 ten triclinia, and nine guests to each. 
 
 In such works of ancient art as represent a sym- 
 posium, or di'inking-party, we always observe that 
 the couches are elevated above the level of the 
 table. This circumstance throws some light upon 
 Plutarch's mode of solving the problem respecting 
 the increase of room for the guests as they proceed- 
 ed with their meal. (Si/mpus. v. 6.) Each man in 
 order to feed himself lay flat upon his breast or 
 nearly so, and stretched out his hand towards the 
 table ; but afterwards, when his hunger was satis- 
 fied, he turned upon his left mde, leaning on his 
 elbow. To this Horace alludes in describing a 
 person sated with a particular dish, and turning in 
 order to repose upon his elbow. {fSat. ii. 4. 39.) 
 
 We find the relative positions of two persons 
 who lay next to one another, coromonly expressed 
 by the prepositions super or supra, and in/ra. A 
 passage of Livj' (xxxix. 43), in which he relates 
 the cruel conduct of the consul L. Quintius Flami- 
 ninus, shows that in/ra atitptcm cuhare was the 
 same as in sinu alicujus cuhare, and consequently 
 that each person was considered as heloiv him to 
 whose breast his own head approached. On this 
 principle we are enabled to explain the denomina- 
 tions both of the three couches, and of the three 
 places on each couch. 
 
 lectus medius 
 
 
 imus 
 medius 
 summus 
 
 
 summus 
 medius 
 imus 
 
 6 5 4 
 
 7 3 
 
 8 2 
 
 9 I 
 
 imus 
 medius 
 summus 
 
 Supposing the annexed arrangement to represent 
 the plan of a Triclinium, it is evident that, as each 
 guest reclined on his left side, the countenances of 
 aU when in this position were directed, first, fi'ora 
 No. I towards No. 3, then from No. 4 towards No. 
 6, and lastly, from No. 7 towards No. 9 ; that the 
 guest No. 1 lay, in the sense explained, ahove No. 
 2, No. 3 below No. 2, and so of the rest ; and that, 
 going in the same direction, the couch to the right 
 hand was above the others, and the couch to the 
 left hand behw the others. Accordingly the fol- 
 lowing fragment of Sallust {ap. Serv. in Virg. 
 Mil. i. C98) contains the denominations of the 
 couches as shown on the plan : " Igitur discu- 
 buere : Sertorius (i. e. No. 6) inferior in medio ; 
 super eum L. Fabius Hispaniensis senator ex pro- 
 scriptis (No. 5): in summo Antonius (A^o. 1) ; et 
 infra scriba Sertorii Versius (A^o. 2) : et alter scri- 
 ba Maecenas (No. 8) in imo, medius inter Tarqui- 
 nimn (No. 7) et dominum Perpemam (A'o. 9)." 
 On the same principle. No. 1 was the highest place 
 (Locus summus) on the highest couch ; No. 3 was 
 Locus imus in lecto summo ; No. 2 Locus medius 
 in lecto summo ; and so on. It will be found that 
 in the following passage (Hor. Sat. ii. 8. 20—23) 
 the guests are eniunerated in the order of their ac- 
 cubation — an order exhibited in the annexed dia- 
 gram. 
 
1000 
 
 TPIHPAPXI'A. 
 
 
 Vibidius 
 
 Maecenas 
 Servilius 
 
 
 Nomentonus 
 Nasidienus 
 Porcius 
 
 ^^en^^ 
 
 Varius 
 Viscus 
 Fundanius 
 
 Fundanius, one of the guests, who was at the 
 top relatively to all the others, says, 
 
 " Suniinus ego, et prope me Viscus Tlmrinus, et 
 infra, 
 
 Si memini, Varius : cum Servilio Balatrone 
 
 Vibidius, quos Maecenas adduxerat umbras. 
 
 Nomcntanus crat super ipsuni, Porcius infra." 
 
 It is possible that Maecenas ought to be in the 
 place No. 4 instead of No. 5, since tlie entertain- 
 ment was given more especially in honour of him, 
 and No. 4 was an honourable place. The host 
 himself, Nasidienus, occupies the place No. 8, 
 which was usually taken by the master of the feast, 
 and was a convenient situation for giving directions 
 and superintending the entertainment. Unless 
 there be an exception in the instimce of No. 4, it is 
 to be observed that at each talile the most honour- 
 able was the middle jilace. (Virg. Aen. i. 698.) 
 
 The general superintendence of the dining-room 
 in a great house was intrusted to a slave called tri- 
 c&!a/-cAa, who, through the instrumentality of other 
 slaves of inferior rank, took care that every thing 
 was kept and proceeded in proper order. [J. Y.] 
 
 TRIDENS. [FirsciNA.] 
 
 TRIDRACHMON. [Drachma.] 
 
 TRIENS. [As, p. 102.] 
 
 TPIHPAPXI'A. This was one of the extraordi- 
 nary war services or liturgies [AEITOTPri'A] at 
 Athens, the object of which was to provide for the 
 equipment and maintenance of the ships of war 
 belonging to the state. The persons who were 
 charged with it were called Tpi7)papx<"< or Trier- 
 archs, as being the captains of Triremes, tliough the 
 name was also applied to persons who bore the 
 same charge in other vessels. It existed from very 
 eai'ly times in connection with the forty-eight nau- 
 craries of Solon, and the fifty of Cleisthenes : each 
 of which coi-porations appears to have been ob- 
 liged to I'quip and man a vessel. (Compare 
 NATKPAPI'A : Lea lihet. p. 283.) Under the 
 constitution of Cleisthenes the ten tribes were at 
 first severally charged with five vessels. This 
 charge was of course superseded by the later forms 
 of the Trierarchy, explained in the course of this 
 article. 
 
 I. Tlie services to wliicli tlic Trierarchs were liable. 
 What these were previously to 358 B. c. there can 
 be no doubt ; the vessel was furnished by the state, 
 though sometimes a wealthy and patriotic indivi- 
 dual served in his own ship. Cleinias, for instance, 
 did so at Artemisuim (Herod, viii. 17), but as it is 
 particularly recorded that this ship was his own, 
 we may infer, that he supplied at his own cost, 
 what the state was bound to provide. The same 
 custom prevailed during the Peloponnesian war 
 also. The 100 sliips prepared and reserved at the 
 beginning of the war, for any critical emergency, 
 were supplied by the state. (Tluicyd. ii. 24.) In 
 the expedition against Sicily {Id. vi. 31) the state 
 furnished the huU of the vessel (vavv Keydv), and 
 
 TPIHPAPXI'A. 
 
 the pay of the crews, a drachma per day for each 
 man : but the equipment of the ships was at the 
 cost of tiio Trierarchs, who also gave ivKpcipal 
 (Pollux, iii. 94), or additional pay, to secure the 
 best men. The same conclusions are also deduci- 
 ble from the credit wliich a Trierarch takes to him- 
 self for saving his vessel, wlien the city lost her 
 ships at Aegospot;mii (isocr. c CuUim. 3!!2) : 
 and from the further statement that he paid 
 the sailors out of Ids own pocket. From the 
 threat of Cleon (Aristoph. Eijuit. 916) that he 
 would (as 2TpaTr)7(is) make an adversary a Trie- 
 rarch, and give him an old ship with a rotten 
 mast {iariov aaTrpuv), it appears that the state 
 furnished tlie hull and mast also, but that the Trier- 
 arch was bound to keep and return thera in good 
 repair : an obligation expressed in the inscriptions 
 quoted by Bockh (Ur/ciaulen iiber das Seewesen des 
 Attisck'n Stuates, p. 197), by the phrase, Set T^jy 
 vavv SoKi/jLov Kal ivTeArj irapaSovvai. Conse- 
 quently, the statement in the oration against Mi- 
 dias (p. 564. 22) that when Demosthenes was quite 
 young (b. c. 364) the Trierarchs paid all the ex- 
 penses themselves (to. avaKtiiiara e/c Ttoi' (5iui')only 
 implies that they defrayed the expenses which 
 were customary at that time, and which were after- 
 wards diminished by the regidation of the sym- 
 moriae; but not that they supplied the ship, or 
 pay and provisions for the crew. The whole ex- 
 penditure, says Biickh {Public Ecun. of Athens, ii. 
 p. 334) means nothing more than the equipment of 
 the vessel, the keeping it in repair, and the pro- 
 cui'ing the crew, which was attended with much 
 trouble and expense, as the Trierarchs were some- 
 times obliged to give bounties in order to induce 
 persons to serve, foreign sailors not being admissi- 
 ble. From the oration of Demosthenes against 
 Polycles (b. c. 361), we learn the following par- 
 ticulars about the Trierarchy of that time. The 
 Trierarchs were obliged to launch their ship ; the 
 sailors were supplied from particular parishes 
 (S^^oi), through the agency of the demarchi ; but 
 those supplied to Apollodonis the client of Deraosr 
 thenes were but few and inefficient, consequently 
 he mortgaged his estate (uTrofleivoi rri^v ovaiav), 
 and hired the best men he could get, giving great 
 bounties and premiums {irpoioaeis). He also 
 equipped the vessel with his own tackle and furni- 
 ture, taking nothing from the public stores (e/c -rwv 
 5r]ixol(nau ovSiv iAaSuv. Compare the Speech on 
 the Crown of th(^ Trierarchy, 1229). Moreover, 
 in consequence of his sailors deserting when he 
 was out at sea, he was put to additional and heavy 
 expenses in hiring men at different ports. The 
 provision money for the sailors {imripfaioy) was 
 provided by the state, and paid by the strategi, 
 and so generally speaking was the pay for the 
 marine (eTrigoTai): but Demosthenes' client only re- 
 ceived it for two months, and as he served for five 
 months more than his time, (from the delay of his 
 successor elect,) he was obliged to advance it him- 
 self for fifteen months, with but an uncertain pro- 
 spect of repayment. Other circurastimces are men- 
 tioned which made his Trierarchy very expensive, 
 and the whole speech is worth reading, as sliowing 
 the unfairness and hardship to which a rich man 
 was sometimes subjected as a Trierarch. The ob- 
 servation that he took no furniture from the public 
 stores, proves that at that time (b. c. 361), the 
 triremes were fitted out and equipped from the 
 public stores, and consequently by the state ; but 
 
TPIHPAPXI'A. 
 
 TPIHPAPXI'A. 
 
 1001 
 
 as we learn from other passages in Demosthenes, 
 and the inscriptions in Biickh {Urkttndcn, No.iii.), 
 the Trierarchs were obliged to return in good con- 
 dition any articles which they took ; in default of 
 doing so they were considered debtors to the state. 
 
 TIkU the ship's furniture was citlier wholly or in 
 pait supplied by the state, also appears from an- 
 other speech {c. Euery. et Mnesib. p. 1146): but 
 Trierarclis did not always avail themselves of their 
 privilege in tiiis respect, that they might have no 
 trouble in settling with the state. It is evident 
 then, that at the time n;ferredto (about B.C. 300), 
 the only expenses binding upon the Trierarchs wore 
 those of keeping in repair the ship and the ship's 
 furniture ; but even these might be very consider- 
 able, especially if the ship were old, or exposed to 
 hard service and rough weather. jMoreover, some 
 Trierarchs, whether from ambitious or patriotic 
 motives, put themselves to unnecessary expense in 
 htting out and rigging their ships, from which the 
 state derived an advantage. Sometimes, on the 
 other hand, the state suffered, by the Trierarchs 
 performing then- duties at the least possible ex- 
 pense, or letting out their Trierarchy {^fuaSaaai 
 rf)v KfiTovpy'iav) to the contractor who offered the 
 lowest tender. (Dem. de Coron. Trierar. p. 1230.) 
 One consequence of this was, that the duties were 
 inadequately performed ; but there was a greater 
 evil connected with it, namely, that the contractors 
 repaid themselves by privateering on their own 
 account, which led to reprisals and letters of marque 
 being granted against the state. (ST^AAI : Dem. 
 Id. p. 1231.) It seems strange that the Athenians 
 tolerated this, especially as they were sometimes 
 inconsistent enough to punish the Trierarchs who 
 had let out therr Trierarchy, considering it as a 
 desertion of post (A.ei7roTa|ioi', Id. p. 1230). 
 
 We may here observe, that the expression in 
 Isaeus ((A- Ajmll. Hcred. p. (17), that a Trierarch 
 " had his ship made himself" {rrjv vavv irotijaafie- 
 fov), does not mean that he was at the cost of 
 building it {vavT!T]yri<Tafi.iVos'), but only of fitting 
 it up and getting it ready for sea. That the ships 
 always belonged to the state, is ftu-ther evident 
 trom the fact, that the senate was intrusted with 
 the inspection of the sliiii-building (Dem. c. Androt. 
 p. 599. 13) ; and is placed beyond all doubt by 
 the " Athenian Navy List" of the inscriptions in 
 Biickh. (Urkumle/i, ki:.) Some of the ships there 
 mentioned are called a!'67n/cArjpwToi, whence it ap- 
 pears that the public vessels were assigned by lot 
 to the respective Trierarchs. A rpnqprjs iwiSoffi- 
 Mos was a ship presented to the state as a free gift, 
 just as Tptripri eiriSoOj/ai means to present the state 
 with a trireme (Dem. c. Mid. 5b'6. aUS.) The 
 duration of a Trierarchy was a year, and if any 
 Trierarch served longer than his legal time, he 
 could charge the extra expenses (to iiTnpiripdp- 
 XVI^) to his successor. To recover these expenses 
 an action (emTprnipapx^fJ-aTos S'ikt}) might be 
 brought against the successor, of which we have an 
 example in the speech of ApoUodorus against 
 Polycles, composed by Demosthenes for the former. 
 
 II. Oil the ccpenses of' the Tnerai'chi/. These 
 would of course depend upon circumstances ; but 
 except in extraordinary cases, they were not more 
 than (iO, nor less than 40 minae : the average was 
 about 50. Thus about the year u. c. 360, a whole 
 Trierarchy was let out for 40 minae ; in later 
 times the general amount of a contract was 60. 
 (Dem. c. Mid. 539. 564. 20 ; de Cormi. 260. 262.) 
 
 III. On tlie different forms of ilw. Trierarchy. 
 In ancient times one person bore the whole charge, 
 afterwards it was customary for two persons to 
 share it, who were then called Syntrierachs (avv- 
 •vpaipapxoi-)- AV'hen this practice was first intro- 
 duced is not known, liut IJockh conjectures that it 
 was about the year 412 B. c, after the defeat of the 
 Athenians in Sicily, when the union of two per- 
 sons for the Choregia was first permitted. The 
 most ancient account of a sjnitrierarchy is later 
 than 410 (Lys. c. Diugit. 907. 909), anil we meet 
 with one so late as B. c. 358, the year of the Athe- 
 nian expedition into Euboea. (Dem. c Alid. 5()(). 
 24.) The syntrierarchy to which we allude was 
 indeed a voluntary service (eTri'Socris), but there 
 can be little doubt that it was suggested by the 
 ordinary practice of that time ; and even under the 
 next form of the service, two Trierarchs were 
 sometimes employed for the immediate direction of 
 the Trierarchy. The syntrierarchy, however, did 
 not entii'ely supersede the older and single form, 
 being only meant as a relief in case of emergency, 
 when there was not a sufficient number of wealthy 
 citizens to bear the expense singly. Numerous 
 instances in fact occur of single Trierarchies, be- 
 tween 410 and 358 b. c, and in two passages of 
 Isaeus {de Dicacog. Her. 54 ; de Apoll.-^. 67), re- 
 ferring to this period, the single and double Trier- 
 archy are mentioned as cotemporaneous. ApoUo- 
 dorus also was sole Trierarch (Dem. c. Po/i/cl.) so 
 late as b. c. 361. In the case of a syntrierarchy 
 the two Trierarchs commanded their vessel in turn, 
 six months each (Id. 1219), according as they 
 agreed between themselves. 
 
 The third fonn of the Trierarchy was connected 
 with, or suggested by, the syntrierarchy. In B. c. 
 358, the Athenians were unable to procure a sufii- 
 cient number of legally appointed Trierarchs, and 
 accordingly they sununoned volunteers. This, 
 however, was but a temporary expedient ; and as 
 the actual system was not adequate to the public 
 wants, they determined to manage the Trierarchy 
 somewhat in the same way as the property taxes 
 ['EIS^OPA'], namely, by classes or synmnn'iae, 
 according to the law of Periander passed as Bockh 
 shows, in the year 358, and which was the pri- 
 mary and original enactment on the subject. With 
 this view 1200 avvTeKA or partners (Dem. c. 
 Mid. 504) were appointed, who were probably the 
 wealthiest individuals of the state, according to the 
 census or valuation. These v/ere divided into 20 
 crv/xixopiai, or classes ; out of which a number of 
 persons {(TcinaTa) joined for the equipment or ra- 
 ther the maintenance and management of a ship, 
 under the title of a avvrtXeia (llarpocr. s. i\) or 
 union. Sometimes, perhaps, by special enactment, 
 when a great number of ships was required, a 
 synteleia of this kind consisted of four or five 
 wealthy individuals, who bore jointly the ex- 
 penses of one trireme (Harpocr. s. v. 2u/i/topi'a) ; 
 but generally to every ship there was assigned a 
 synteleia of fifteen persons of different degrees of 
 wealth, as we may suppose, so that four only were 
 provided for by each syramoria of sixty persons. 
 
 These synteleiae of fifteen persons each seem to 
 have been also called symmoriae by Ilyperides. 
 ( Harpocr. s. r. ,• compare Dem. de Si/mmor. 183.) 
 It appears, however, that before Demosthenes 
 carried a new law on this subject (n. c. 340), it 
 had been customary for sixteen persons to unite in 
 1 a synteleia or company for a ship (Dem. pro 
 
1002 
 
 TPIHPAPXI'A. 
 
 TPIHPAPXI'A. 
 
 Cor. 261), who bore the burden in equal shares. 
 This being the case it follows, either that the 
 members of the sjnuraoriae had been b}' tliat time 
 raised from liOO to 1-280, or that some alterations 
 had taken place in their internal arrangements, 
 of which no account has come down to us. ( Biickh, 
 I'uU. Econ. ii. p. 346; Urhimlcn, &c. 1»1.) 
 From the phrase tK tuv iv rots Ao'xois avvTeXnwv, 
 used in the k;otoA.o7oj (de Cor. 261), it would 
 also seem that the word Ao'xoi was used of civil as 
 well as military divisions, and, in this instance, of 
 the symmoriae. The superintendence of the whole 
 system was in the hands of the 300 wealthiest 
 members, who were therefore called the " leaders 
 of the symmoriae," (rly(f:iAi>^s ruu (rvfifxapiaiu,) 
 on whom the burdens of the trierarchy chiefly fell, 
 or rather ought to have fallen. (Dem. pro Cor. 
 32!) ; c. Eiienj. et Mnesib. 1 ] 45.) The services 
 perfomied by individuals under this system appear 
 to have been the same as before : the state still pro- 
 vided the ship's tackle (/. c. the oBovia Kal crrvviria 
 Koi (Txoivia, and other things), and some stringent 
 enactments were made to compel the Trierarchs to 
 deliver it up according to the inventory taken of 
 it (to Sidypanfia t&v aKeuuv), either at Athens 
 or to their successors sent out by the symmoriae. 
 This conclusion, that the vessel was equipped by 
 the state, is confirmed by Demosthenes (tie ii/mmor. 
 Iff 3. 17), and in the oration against Midias c.) 
 he says, referring to the system of the symmoriae, 
 that the state provided the crews, and the furni- 
 ture. The only duty then of the Trierarchs under 
 this system was to keep their vessels in the same 
 repair and order as they received them. But even 
 from this tliey managed to escape : for the wealth- 
 iest members, who had to serve for their synte- 
 leia, let out their Trierarchies for a talent, and re- 
 ceived that amount from their partners ((rwrehfis), 
 so that in reality they paid next to nothing, or, at 
 any rate, not what they ought to have done, con- 
 sidering that the Trierarchy was a ground of exemp- 
 tion from other liturgies. It does not appear from 
 the orators how the different svnteleiae appointed 
 the T rierarchs who were to take charge of their 
 vessels; but it was probably left to themselves with- 
 out being regidated by any legal enactment. The 
 evils and irregularities of the s;s-mmoriae are thus 
 (rlietorically perhaps) described by Demosthenes : 
 " I saw your navy going to ruin, and the rich 
 escaping with little cost, and persons of moderate 
 income losing their property, and the city losing 
 the opportunities of action, and the triremes not 
 being equipped in sufficient time to meet an emer- 
 gency, and therefore 1 proposed a law, &c." The 
 changes he meant to effect by it are related in his 
 oi'ation concerning the symmoriae (b. c. 354), and 
 are as follow : he proposed to add 800 to the 1200 
 (TvvTeKus, making the whole 2000, so that, sul> 
 trading all those who could claim exemption as 
 jniiiui's, orphans, &c., there might always remain 
 1200 persons [adfiaTa) to serve. These were to 
 be divided into 20 symmoriae of 60 each, as 
 under tlie old sj-stem : each of these was to be 
 subdivided into five divisions of 12 persons each, 
 one-half rich and the other poor {dvravaTr\T)pQiu), 
 so as to fonn altogether 100 smaller symmoriae. 
 The number of triremes, according to this scheme, 
 was to be 300, classed in 20 divisions of 15 
 ships : each of these divisions was to be assigned 
 to one of the 20 larger symmoriae, so that each 
 of the smaller woidd receive 3 ; and in case of 
 
 300 ships being required, four Trierarchs would be 
 appointed to each. Moreover, each of the greater 
 symmoriae was to receive the same amount of the 
 public stores for equipment, in order that they 
 might apportion it to the smaller classes. With a 
 view to levying the crews, and for other purposes, 
 the generals were to divide the dockyards into 
 ten parts for 30 ships' stations (veda-oiKot) adjacent 
 to each other ; and to assign each of these parts 
 to a tribe, or two large symmoriae of 30 ships. Jj 
 These ten parts were to be subdivided into thirds, 
 each of which was to be assigned to a third part 
 (rpiTTUj) of the tribe to whom the whole wae 
 allotted, so that each third would receive ten ships. 
 Whether this scheme was put into practice does 
 not appear, but it seems that it was not, for the 
 mismanagement of the Trierarchy appears to have 
 continued till Demosthenes carried his law about 
 the " Trierarchy according to the Valuation." One 
 of the chief evils connected with it was, that the 
 triremes were never equipped in time ; and as 
 Demosthenes {Phil. 50) complains of this, in B. c. 
 352, we may conclude that his proposal fell to 
 the ground. But these evils were too serious to 
 remain without a remedy ; and therefore when the 
 orator was the iinoTaT^s roO vavTiKoO or the 
 superintendent of the Athenian navy, lie brought 
 forward and earned a law for altering and im- 
 proving the system of the symmoriae and com- 
 panies, the members of which no longer called 
 themselves Trierarchs, but partners (avviehfis) 
 (Id. de Cor. 260), thereby introducing the '■'■Fourth 
 form of the Trierarchy." The provisions of the law 
 were as follow. The naval services required from 
 every citizen were to depend upon and be pro- 
 portional to his property, or rather to his taxable 
 capital (Tifi-qfM, see 'EI2*OPA'), as registered for 
 the symmoriae of the property taxes, the rate being 
 one trireme for every ten talents of taxable capital, 
 up to three triremes and one auxiliary vessel 
 {iitripiaiov) for the largest properties ; i. e. no 
 person, however rich, could be required to furnish 
 more. Those who had not ten talents in taxable 
 capitid were to club together in sj'uteleiae till 
 they had made up that amount ; and if the valu- 
 ation of the year of Nausinicus (b. c. 379) was 
 still in force, the taxable capital (for the highest 
 class) was one-fifth of the whole. By this law 
 great changes were effected. All persons paying 
 fcixes were rated in proportion to their property, 
 so that the poor were benefitted by it, and the 
 state likewise : for, as Demosthenes (de Cor. p. 
 261) says, those who had formerly contributed 
 one-sixteenth to the Trierarchy of one ship were 
 now Trierarchs of two, in which case they must 
 either have served by proxy, or done duty in suc- 
 cessive years. He adds that the consequences 
 were highly beneficial. During the whole war, 
 carried on after the law was in force, no Trierarch 
 implored the aid of the people ('iKfTrtplav i9T)K(), 
 or took refuge in a temple, or was put into pri- 
 son by the persons whose duty it was to dis- 
 patch the fleet (ol diroaToXus), nor was any tri- 
 reme lost at sea, or lying idle in the docks for 
 want of stores and tackle, as under the old system, 
 when the service (to \enoiipyf7v) fell on the poor. 
 The duties and services to which the Trierarchs 
 were subject under the new law were probably i 
 the same as imder the thkd fonn of the Trierarchy, ' 
 the symmoriae. 
 
 On the relation which, in this system, the cost 
 
TPIHPAPXI'A. 
 
 TPIHPAPXI'A. 
 
 1003 
 
 of a Trierarchy bore to the property of a Trierarch 
 Bockh makes the following remarks, which may be 
 verified by a reference to 'EI24>OPA'. " If we 
 reckon that, as formerly, it cost about a talent, the 
 total expense of the Trierarchs, for 100, 200, or 300 
 triremes amounted to an equal number of talents, or 
 a sixtieth, a thirtieth, and a twentieth of the valua- 
 tion of Attica : i. e. for the first class one-third, 
 two-thirds, and one per cent, of their property : for 
 the poorer a proportionally less amount : and of 
 the annual incomes, tiiken as a tenth part of the 
 property, 3^, 6|, and 10 per cent, for the most 
 wealthj'. But we may reckon that Athens at that 
 time had not more than 100 or 200 triremes at 
 sea, very seldom 300 ; so that this war-tax did not 
 for the richest class amount on an average to more 
 than one-third, and two-thirds per cent, of their 
 property." 
 
 This arrangement of Demosthenes was calculated 
 for 300 triremes, for which number 300 persons 
 serving in person would be necessary ; so that the 
 chief burden must have fallen upon the leaders of 
 the former symmoriae. The year of passing this 
 law Biickh fixes at B. c. 340 or 339. How long it 
 remained in force is uncertain. In the speech for 
 the Crown (b. c. 330), where much is said on the 
 subject of the Trierarchy, it is neither mentioned 
 that the law was in existence, nor that it was 
 repealed ; but Demosthenes (p. 329) says that 
 Aeschines had been bribed by the leaders of the 
 symmoriae to nullify it. 
 
 It appears then that the Trierarchy, though the 
 most expensive of the liturgies, was not of neces- 
 sity oppressive, if fairly and economically managed, 
 though this, as has been before observed, was not 
 always the case. (Demos, c. Pulyc.) 
 
 With respect to the amount of property which 
 rendered a man liable to serve a Trierarchy or &yn- 
 trierarchy, Biickh (ii. 367) observes, " I am aware 
 of no instance of liability arising from a property of 
 less value than 500 minae, and as an estate of one or 
 two talents never obliged the possessor to the per- 
 formance of any liturgy (Demos, c. Aphob. p. 833), 
 the assertion of Isaeus (de Dicaeorj. Hered. p. 54) 
 that many had served the office of Trierarch whose 
 property was not more than 80 minae, obliges us 
 (if true) to suppose that public-spirited individuals 
 were sometimes found to contribute to a Trierarchy 
 (rather perhaps to a syn trierarchy) out of a very 
 small property." 
 
 The disadvantages which in later times resulted 
 from the Trierarchs not being ready for sea by the 
 time for sailing, were in earlj' times prevented by 
 their appointments being made beforehand ; as was 
 the case with the Trierarchs appointed to the 100 
 ships, which Were reserved at the beginning of the 
 Peloponnesian war against an attack upon Athens 
 by sea. 
 
 The appointment to serve under the first and 
 second forms of the Trierarchy was made by the 
 strategi (Demosth. c. Lacr. p. 940. 16), and in 
 case any person was appointed to serve a Trierarchy, 
 and thought that any one else (not called upon) 
 was better able to bear it than himself, he oftered 
 the latter an exchange of his property ['ANTI'- 
 A02I2] subject to the burden of the Trierarchy. 
 
 In cases of extreme hardsliip, persons became 
 suppliants to the people, or fied to the altar of Ar- 
 temis at Munychia. If not ready in time, they 
 were sometimes liable to imprisonment (efoxoi 
 ZtcfUf, Dem. dc Cor. 262. 15). Thus on one occasion 
 
 {Dem. de Cor. Triar. 1229. 6), the Trierarchs were 
 by a special decree subjected to imprisonment if 
 they were not oflF the pier (x^l^"-) f"*! 
 the month ; on the contrary, whoever got his ship 
 ready first, was to be rewarded with the " crown 
 of the Trierarchy;" so that in this way consider- 
 able emulation and competition were produced. 
 iMoreover, the Trierarchs were intdSwoi, or liable 
 to be called to account for their expenditure ; 
 though they applied their own property to the ser- 
 vice of the state. (Dem. c. Poli/c. 1222. 11 ; Aes- 
 chin. c. Ctesiph. 56.) But they also received 
 money out of the treasury for various disburse- 
 ments, as the pay of the soldiers and sailors, and 
 the extra hands {iir-qpirTia) : thus, on one occasion, 
 each Trierarch is stated to have received 30 minae, 
 6i's eiriVAouc. (Dem. de Cor. Trier. 1231. 14.) The 
 Trierarchs may also have been considered virevOv- 
 vot, from being required to show that they had 
 performed their duties properly. The Sacred Tri- 
 remes, the Paralus and the Salamis, had special 
 treasurers [TAMI'AI, p. 938] appointed to them 
 (Pollux, viii. 116); and on the authority of Ul- 
 pian (ad Dem. c. Mul. 686), it has beeii believed 
 that the state acted as Trierarch for each of them ; 
 but in the inscriptions quoted by Bockh ( Urkan- 
 dcn, &c. 169), no ditference is made between the 
 Trierarchs of the Paralus and other vessels, and 
 therefore it would seem that the state appomted 
 Trierarchs for them as well as for other vessels, and 
 provided out of the public funds for those expenses 
 only which were peculiar to them. 
 
 IV. On the exemptkins from tlie Trkrardiy. 
 By an ancient law, in fiirce B. c. 355 (Dem. c. 
 lypt.), no persons (but minors or females) could 
 claim exemption from the Trierarchy, who were of 
 sufficient wealth to perform it, not even the de- 
 scendants of Hannodius and Aristogiton. But 
 from Isaeus {De Apoll. Hered. 67) it appears that 
 in the time of the single Trierarchy no person 
 could be compelled to serve a second time within 
 two years after afonner service (5uo trq ^ia\iTa,v). 
 The nine archons also were exempt, and the Trier- 
 archy was a ground of exemption from the other 
 liturgies, any of which, indeed, gave an exemption 
 from all the rest during the year next following 
 that of its service. (Dem. c. Lept. 459 and 464.) 
 
 But all property was not subject to the service, 
 as we learn from Demosthenes {De Si/miu. 182. 
 14), who tells us that a person was exempt, if 
 dSuyoTOS, or unable to serve from poverty ; so also 
 were " wards, heiresses, orphans, cleruchi, and 
 corporate bodies." Of course an heiress could only 
 chiim exemption while unmarried. ^Vards also 
 were free from all liturr/ies, during their minoritj', 
 and for a year after their SoKifxaala. (Lysias, c. 
 Dinyit. 908.) By KA.r)poux<"i are meant colonists, 
 who, while absent by the command of the state, 
 could not perform a Trierarchy. The tcL koivuiviko, 
 admits of doubt, but it probably means the pro- 
 pertj- of joint tenants, as brothers or coheirs, which 
 had not yet been apportioned to them (Pollux, 
 viii. 184), or it may refer to monies invested 
 in partnership. Moreover, though the proper du- 
 ration of a Trierarchy was a year, it was legally 
 dissolved if the general furnished no pay to the 
 soldiers, or if the ship put into the Peiraeus, it being 
 then impossible to keep the sailors together. (Dem. 
 c.Polyc. 1209.) 
 
 V. On t/ie legal proceedings coiinceicd u-ith the 
 Trierarchy. These were either between individual 
 
1004 
 
 TPm'BOAON. 
 
 TRIPOS. 
 
 Trierarchs, or between Trierarchs and the state, 
 and therefore in the form of a AIAAIKASI'A. 
 
 They generally arose in consequence of a Trierarch 
 not delivering up his ship and her rigging in proper 
 order, citlier to his successor or to the stiite. If he 
 alleged that the loss or damage of either happened 
 from a storm, lie was said (TKr]<f/d(rdai Karat x^'f'-'^va 
 OTToAwAei/ai, and if his plea were substantiated, 
 €5o|6c if SiKaaT-qp'iai K. T. A. Vessels or furni- 
 ture on which a trial of this kind had been held, 
 were said to bo SiaSeSiKaa/ieva. 
 
 The presidency of the courts which tried mat- 
 ters of this sort was vested in the strategi, and 
 sometimes in the superintendents of the dockyard, 
 in conjunction with the dTroaTo\(7s. The senate 
 also appears to have had a judicial power in these 
 matters : e. f/. we meet in various inscriptions with 
 the phrase o'lSe twv rpnjpapx'^v, wv iSlnXwcrev ij 
 fiovXij Trjy Tpinpi). Btickh conjectures that the 
 trierarchs of whom this is said had retui'ned their 
 ships in such a condition, tliat the state might have 
 called upon them to put them in thorough repair, or 
 to rebuild them, at a cost for an ordinary trireme of 
 5000 (bachraae. Supposing that they were not re- 
 leased from this liability by any decree of a court 
 of justice, and that the rebuilding was not com- 
 pleted, he conceives that it must have been com- 
 petent (in a clear and flagrant case) for the senate 
 to have inflicted npcm them the penalty of twice 
 iOOO drachmae, the technical phrase for which was 
 "doubling the trireme." {U rlaiii<h>i, iS;c. 2"28.) 
 
 The phrase a/j.oKoyfjirei' rpiripy) Kaivijv aTroSaxreiv, 
 which occurs in inscriptions, does not apply to an 
 undertaking for giving a new trireme, but merely 
 for ])utting one in a complete state of repair. 
 
 The plirase (paiveiv irXotov (Dora. c. Lacr. 941), 
 to lay an infonnation against a vessel, is used not 
 of a public ship, but of a private vessel, engaged 
 perhaps in smuggling or privateering. [R. W — N.] 
 TPIHPOnOIOI'. [Ships, p. 877.] 
 TRIGON. [PiLA.] 
 TRILIX. [Tela, p. 943.] 
 TKINU'NDINUM. [Nundinae, p. 648.] 
 TPin'BOAON, or rpuiSoKov T^KtaariKov, was the 
 fee of three oboli which the Athenian citizens re- 
 ceived for their attendance as dicasts in the courts 
 of the heliaea, whence it is also called fiitrSos 
 SiKaariKos, or to StKaariKov. This pay had been 
 first introduced by Pericles. (Aristot. Polit. ii. 9. 
 p. (i7. ed. Gottling; Pint. Pur. 9 ; Plat. Gor;/. p. 
 51.5.) It is generally supposed from Aristophanes 
 (A'uh. 840) who makes Strepsiades say that for 
 the first obolus he ever received as a dicast, he 
 bought a toy for his son, that at first the SiKaariKou 
 was only one obolus. According to the Scholiast 
 
 same at all times, although it is improbable that it 
 should ever have been two oboli. (Aristot. ap. 
 Sc/iol. ad Aristoph. Vcf/i. 6H2 ; Hesych. s. v. AiKacr- 
 TtKSv : Suid. s. v. 'HAiatXToi'.) Tlie pajnnent was 
 made after every assembly of a court of heliastae 
 by the colacretae (Lucian, IJis accusat. 12. 15) in 
 the following manner. After a citizen had been 
 appointed by lot to act as judge in a particular 
 court, he received on entering the court together 
 with the staff (0aKTT}pia or pdSSos) a tablet or 
 ticket {ai)j.SuKov). After the business of the court 
 was over, the dicast on going out delivered his 
 ticket to the prytanes, and received his fee in re- 
 turn. (Schol. ad Aristoph. Pint. 277 ; Suid. s. v. 
 Ba/CTTjpi'a : Ktymol. M. s. v. ^.v/j-SoAou : Pollux, viii. 
 16.) Those who had come too late had no claim 
 to the triobolon. (Aristoph. Vcsp. 660.) The an- 
 nual amount of these fees is reckoned bj- Aristo- 
 phanes ( Vesp. 560, &c. with the Schol.) at 150 
 talents, a sum which is very high and can perhaps 
 only be applied to the most flourishmg times of 
 Athens. (Bijckh, StaatshatishuU, d. Ath. i. p. 250 ; 
 Meier, Att. Pro,: p. 125, &c.) [L. S.] 
 
 TRIPLICA'TIO. [Actio, p. 10.] 
 TRIPOS (rpiVous), a tripod, i. e. any utensil 
 or article of furniture supported upon three feet. 
 More especially 
 
 I. A three-legged table [Mensa, p. 612]. The 
 first woodcut, at p. 253, shows such a table in use. 
 Its three supports are richly and tastefully orna- 
 mented. Various single logs [trupczopliora, Cic. ad. 
 Fam. vii. 23), wrought in the same style out of 
 white marble, red porphyry, or other valuable 
 materials, and consisting of a lion's-head or some 
 similar object at the top, and a foot of the same 
 animal at the bottom, united by intervening foliage, 
 are preserved in the British Museum (Combe, 
 Ancient Marhks, i. 3 ; i. 13; iii. 38) and in other 
 collections of antiquities. The tripod used at enter- 
 tainments to hold the Crater (p. 296) had short 
 feet, so that it was not much elevated. These 
 tables were probably sometimes made to move 
 upon castors. (Hom. //. xviii. 375.) 
 
 II. A pot or caldron, used for boiling meat, 
 and either raised upon a three-legged stand of 
 bronze, as is represented in the woodcut, p. 658, 
 or made with its three feet in the same piece. 
 Such a utensil was of great value, and was some- 
 times offered as a prize in the public games, (xsiii. 
 264. 702, 703.) 
 
 III. A bronze altar, not differing probably m 
 its original form from the tall tripod caldron al- 
 ready described. In this form, but with ad- 
 ditional ornament, we see it in the annexed wood- 
 cut, which represents a tripod found at Frejus. 
 
 on Aristophanes {Ran. 140) the pay was subse- j (Spon, Misc. Enid. Ant. p. 118.) That this was 
 ([uently increased to two oboli, but this seems to I intended to be used in sacrifice may be inferred 
 be merely an erroneous inference from the passage ^ from the Imll^'s-head with a fillet tied round the 
 
 of his author. Three oboU or the rpia§o\ov oc 
 curs as early as n. c. 425 in the comedies of Aris- 
 tophanes, and is afterwards mentioned frequently. 
 (Aristoph. £,j. 51. 255; Vesp. 584. 654. 660; 
 Pan. 1540, ^;c.) Biickh (Siaaish. i. p. 252) has 
 inferred from these passages that the triobolon was 
 introduced by Cleon about B. c. 421 ; but G. Her- 
 mann (Prucf. ad Aristopih. Niih. p. 1, &:c. 2d edit.) 
 has disputed this opinion, at least so far as it is 
 founded upon Aristophanes, and thinks that the 
 pay of three oboli for the dicasts existed before 
 that time. However this may be, thus much is 
 certain, that the pay of the dicasts was not the 
 
 horns, wliich we see at the top of each leg. 
 
 All the most ancient representations of the sacri- 
 ficial tripod exhibit it of the same general shape, 
 together with three rings at the top to serve as 
 handles {ovara, Hom. //. xviii. 378). Since it 
 has this fonn on all the coins and other ancient 
 remains, which have any reference to the Delphic 
 oracle, it lias been with sufficient reason concluded 
 that the tripod, from which the Pythian priestess 
 gave responses, was of this kind. The right- 
 hand figure in the preceding woodcut is co])ied 
 from one published by K. O. MUller (Buttiger's 
 Amall/ica, i. p. 119), founded upon numerous an- 
 
TRIPOS. 
 
 TRIUMPHUS. 
 
 1005 
 
 cient authorities, and designed to show the appear- 
 ance of the oracular tripod at Delphi. Besides the 
 parts already mentioned, viz. the three legs, the 
 three handles, and the vessel or caldron, it shows 
 a flat, round plate, called oA|Uoj, on which the 
 Pythia seated herself in order to give responses, 
 and on which lay a laurel wreath at other times. | 
 This figure also shows the position of the Cortina, j 
 which, as well as the caldi'on, was made of very 
 thin bronze, and was supposed to increase the pro- 
 phetic sounds which came from underneath the 
 earth. (Virg. Aeti. iii. 92.) 
 
 The celebrity of this tripod produced innume- 
 rable imitations of it (Died. Sic. xvi. 26), called 
 "Delphic tripods." (Athen. v. p. 199.) They 
 were made to be used in sacrifice, and still more 
 frequently to be presented to the treasury both 
 in that place and in many other Greek temples. 
 (Athen. vi. p. 231, f.— 232, d. ; Paus. iv. 32. § 1.) 
 [DoNARiA.] Tripods were chiefly dedicated to 
 ApoUo (Paus. iii. 18. § 5) and to Bacchus. Partly 
 in allusion to the fable of the rape of a tripod from 
 Apollo by Hercules, and the recovery of it by the 
 fonner (Paus. iii. 21. § 7 ; x. 1_3. § 4), the tripod 
 was one of his usual attributes, and therefore 
 occurs continually on coins and ancient marbles 
 which have a relation to him. Of this we have an 
 example in the bas-relief engraved on p. 63, which 
 also exhibits two more of his attributes, the lyre 
 and the scipent. In conformity with the same 
 ideas it was given as a prize to the conquerors at 
 the Pythian and other games, which were cele- 
 brated in honour of Apollo. (Herod, i. 144.) On 
 the other hand, the theatre at Athens being con- 
 sidered sacred to Bacchus, the successful Cho- 
 RAGUS received a bronze tripod as the appropriate 
 prize. The choragic monuments of Thrasyllus and 
 Lysicrates, the ornamental fragments of which are 
 now in the British Museum, were erected b)- them 
 to preserve and display the tripods awarded to 
 them on such occasions. We find also that a 
 tripod was sometimes consecrated to the Muses 
 (Hes. Op. ei Dies, 658) and to Hercules. (Paus. x. 
 7. § 3.) 
 
 A tripod, scarcely less remarkable than that 
 from which the Pythia delivered oracles, and con- 
 secrated to Apollo in the same temple at Delphi, 
 was that made from the spoils of the Persian army 
 after the battle of Plataeae. It consisted of a 
 golden bowl, supported by a three-headed bronze 
 serpent. (Herod, ix. 81 ;' Thucyd. i. 132 ; Schol. 
 in loc; Paus. x. 13. § 5 ; Gyllius, Top. Const, ii. 13; 
 
 Banduri, Imp. Orient, t. ii. p. 614.) The golden 
 bowl having been removed, the bronze serpent was 
 tiiken to Constantinople, and is probably the same 
 which was seen there by Spon and ^Vheler in 
 1675. The first figure in the annexed wood- 
 cut is copied from Wheler's engraving of it. 
 (.Jou-rney into Greece, p. 185.) He says it was 
 about fourteen or fifteen feet high. 
 
 The use of bronze tripods as altars evidently 
 arose in a gi'eat degree from their suitableness to 
 be removed from place to place. We have an ex- 
 ample of this mode of emplopng them in the scene 
 which is represented in the woodcut on p. 884. 
 To accommodate them as much as possible to this 
 purpose, they were sometimes made to fold to- 
 gether into a small compass by a contrivance, 
 which may be understood from an inspection of 
 the preceding woodcut. The right-hand figure re- 
 presents a tripod in the British Museum. A patera, 
 or a plain metallic disk, was laid on the top, when 
 there was occasion to offer incense. Many of these 
 movable folding tripods may be seen in Mu- 
 seums, proving how common they were among the 
 Romans. 
 
 Another species of tripods deserving of notice 
 are those made of marble or hard stone. One 
 was discovered in the viUa of Hadrian, five feet 
 high, and therefore unsuitable to be used in sacri- 
 fice. It is very much ornamented, and was pro- 
 bably intended merely to be displayed as a work 
 of art. (Caylus, RecmU, t. ii. pi. 53.) [J. Y.] 
 TRIPU'DIUM. [AuspiciUM, p. 121.] 
 TRIRE'MIS. [Ships.] 
 TPITArnNI2TH'2. [Histrio, p. 483.] 
 TPITTT'A. [Sacrificium, p. 832.] 
 TPITTT'2. [Tribus (Greek), p. 992.] 
 TRIUMPHUS, a solemn procession in which 
 a victorious general entered the city in a chariot 
 drawn by four horses. He was preceded by the 
 captives and spoils taken in war, was followed by 
 his troops, and after passing in state along the Via 
 Sacra, ascended the Capitol to oifer sacrifice in the 
 temple of Jupiter. 
 
 Such displays have been so universal among all 
 warlike tribes from the earliest times, and are so 
 immediately connected with some of the strongest 
 passions of the human heart, that it would be as 
 
1006 TRIUMPHUS. 
 
 TRTUMPHUS. 
 
 useless as it is impossible to trace their origin his- 
 torically. 1 1 is scarcely necessary to advert to the 
 fancies of those ancient writers, who refer their first 
 institution to the mythic conquests of Hacchus in 
 the East (Diodor. iv. .5 ; Plin. //. iV. vii. 57), nor 
 need we attach much importance to the connection 
 between triinnphiis and ^p(afi§os according to the 
 etj-mology doubtingly proposed by Varro {L. L. vi. 
 68. ed. Mlillcr). Rejoicings after a victor}', ac- 
 companied by processions of the soldiery with their 
 plunder, must have been coeval with the existence 
 of the Romans as a nation, and accordingly the re- 
 turn of Roundus with spolia opima after he had 
 defeated the Caeninenses and slain Aero their king 
 is described by Dionysius (ii. 34 ; compare Prop, 
 iv. 1. 32) with all the attributes of a regular 
 triumph. Plutarch {Rnm. 10) admits that this 
 event was the origin of and first step towards the 
 triumph of aftertiraes, but censures Dionysius for 
 the statement that Romulus made his entrance in 
 a quadriga, which he considers disproved by the 
 fact that all the triumphal (TpoTraio^wJpous) statues of 
 that king as seen in his day represented him on 
 foot. He adds that Tarquinius Priscus according 
 to some, or Poplicola according to others, first tri- 
 imiphed in a chariot ; and in corroboration of this 
 we find that the first triimiph recorded by Livy (i. 
 38 ; compare Flor. i. 5 ; Eutrop. i. 0) is that over 
 the Sabines by Tarquinius, who according to Ver- 
 rius (Plin. H.N. xxxiii. 19) wore upon this oc- 
 casion a robe of cloth or gold. Whatever conclusion 
 we may fomi upon these points, it is certain that 
 frorn the first dawn of authentic history down to 
 the extinction of liberty a regular triumph (jiisius 
 triiimphus) was recognized as the summit of military 
 glor}', and was the cherished object of ambition to 
 every Roman general. A triumph miglit be grant- 
 ed for successful achievements either by land or sea, 
 but the latter were comparatively so r<ire that we 
 shall for the present defer the consideration of the 
 naval triumph. 
 
 After any decisive battle had been won, or a 
 province subdued by a series of successful opera- 
 tions, the Iniperator forwarded to the Senate a 
 laurel-wreathed despatch (litcrae laurcatac, Zonar. 
 vii. 21 ; Liv. xlvi. 1 ; Plin. H. N. xv. 40) con- 
 taining an account of his exploits. If the intelli- 
 gence proved satisfactory the senate decreed a public 
 thanksgiving. [Supplicatio.] This supplication 
 was so frequently the forerunner of a triumph, that 
 Cato thinks it necessary to remind Cicero that it 
 was not invariably so. (Cic. ad Fam. xv. h.) After 
 the war was concluded the general with his army 
 repaired to Rome, or ordered his anny to meet him 
 there on a given day, but did not enter the city. 
 A meeting of the senate was held without the 
 walls, usually in the temple of Bellona (e. </. Liv. 
 xxvi. 21 ; xxxvi. 39) or ApoUo (Liv. xxxix. 4), 
 that he might have an opportunity of urging his 
 pretensions in person, and these were then scruti- 
 nized and discussed with the most jealous care. ■ 
 The following rules and restrictions were for the 
 most part rigidly enforced, although the senate 
 assumed the discretionary power of relaxing them 
 in special cases. 
 
 1. That no one could be permitted to triumph 
 unless he had held the oflice of dictator, of consul, 
 or of praetor. (Liv. xxviii. 38 ; xxxi. 20.) Hence 
 a triumph was not allowed to P. Scipio after he 
 had expelled the Carthaginians from Spain, because 
 he had commanded in that province " sine ullo 
 
 magistratu." (Val. Max. ii. 8. § 5 ; Liv. I. c.) 
 The honours granted to Pompey, who triumphed 
 in his 24th year (b. c. 81) before he had held any 
 of the great offices of state, and again ten years 
 afterwards while still a simple eques, were alto- 
 gether unprecedented. (Liv. EpU. 89; Cic. pro 
 Laj. Man. 21 ; Velleius, ii. 30 ; Val. Max. viii. ; 
 15. § 8 ; Plut. Pomp. 12.22; Dion. Cass, xxxvi. 
 8.) 
 
 2. That the magistrate should have been actually 
 in office both when the victory was gained and 
 when the triumph was to be celebrated. This re- 
 gulation was insisted upon onl}' during the earlier 
 ages of the conmionwealth. Its violation com- 
 menced with Q. Publilius Philo, the first person to 
 whom the senate ever granted a "prorogatio im- 
 perii " after the termination of a magistracy (Liv. 'i 
 viii. 26), and thenceforward proconsuls and proprae- 
 tors were permitted to triumph mthout question 
 (Liv. x.xxix. 45 ; xl. 25. 34), although for a consi- 
 derable time the event was of rare occurrence. It 
 was long held, however, that it was necessary for 
 the "prorogatio imperii" to follow immediately 
 upon the termination of the magistracy, for a tri- 
 
 ' umph was refused to L. Lentulus, who succeeded 
 ' P. Scipio in Spain, on the ground that, .dthough 
 he had been formerly praetor, his imperium had 
 not been continued uninterruptedly from the pe- 
 riod when the command expired, but had Ijeen re- 
 newed " extra ordinem " after a lapse of some 
 years. (Liv. xxxi. 20.) But towards the close of 
 the republic this principle was entirely abandoned. 
 Consuls and praetors seldom quitted the city until 
 their terra of office had ceased, and when at any 
 subsequent period they entered upon the govern- 
 ment of a province, either in regular rotation or 
 "e.xtra ordinem," they enjoyed the full status and 
 all the pri\-ileges of proconsuls and propraetors. The 
 position of Pompey when sent against the pirates 
 and afterwards against Mithridates, and of Cicero 
 when he went to Cilicia, will be sufficient to illus- 
 trate this without multiplying examples. 
 
 3. That the war should have been prosecuted 
 or the battle fought under the auspices and in the 
 province and with the troops of the general seek- 
 ing the triumph (Liv. xxxi. 48 ; xxxiv. 10 ; Val. 
 Max. ii. 8. § 2), and hence the triumph of the 
 praetor Furius (Liv. xxxi. 49) was considered ir- 
 regular and imperfect. Thus if a victory was 
 gained by the legatus of a general who was absent 
 from the aiTny, the honour of it did not belong to 
 the former, but to the latter, inasmuch as he had 
 the auspices. 
 
 4. That at least 5000 of the enemy should have 
 been slain in a single battle (Val. Max. ii. 8. § 1), 
 that the advantage should have been positive and 
 not merely a compensation for some previous dis- 
 aster (Oros. V. 4), and that the loss on the part of 
 the Romans should have been small compared with 
 that of their adversaries. (Liv. xxxiii. 22.) By a 
 law of the tril)unes L. Marius and M. Cato penal- 
 ties were imposed upon all Imperatores who should 
 be found guilty of having made false retiu'ns to the 
 senate, and it was ordained that so soon as they 
 returned to the city they should be required to at- 
 test the correctness of such documents upon oath 
 before the city quaestor. (Val. Max. I. c.) It is 
 clear that these provisions could never have existed 
 during the petty contests with which Rome was 
 fully occupied for some centuries ; and even when 
 wars were waged upon the most extensive scale we 
 
TRIUMPH us. 
 
 TRIUMPHUS. 
 
 1007 
 
 d many instances of triumphs granted for gene- 
 results, without reference to the numbers slain 
 any one engagement (e. g. Liv. viii. 26 ; xl. 30). 
 
 5. That the war should have been a legitimate 
 ntest against public foes (Justis hosiiUhusque hellis, 
 'c. pro Deiot. 5), and not a civil contest. Hence 
 atulus celebrated no triumph over Lepidus, nor 
 
 tonius over Catiline, nor Cinna and Marius over 
 eir antagonists of the Sullan party, nor Caesar 
 ■-r Pharsalia, and when he did subse(|uently 
 'nmph after his victory over the sons of Pompej' 
 
 caused universal disgust. Hence the line in 
 ncan (i. 12) : 
 
 " Bella geri placuit nullos liabitura triumphos." 
 
 ee Val. Max. ii. 8. § 7 ; Dion Cass, xliii. 42 ; 
 lut. Caen. 5G.) [OvATio.] 
 
 6. That the dominion of the state should have 
 een extended and not merely something previously 
 St regained. Hence Fulvius, who won back 
 apua after its revolt to Hannibal, did not receive 
 liiumph. (Val. Max. I.e.; compare Liv. xxxi. 5; 
 :rrvi. 1.) The absolute acquisition of territory 
 "es not appear to have been essential. (Didcer, 
 
 Liv. xxxi. 5.) 
 
 7. That the war should have been brought to a 
 nclusion and the province reduced to a state of 
 ■ace so as to permit of the army being withdrawn, 
 8 presence of the victorious soldiers being consi- 
 
 ered indispensable in a triumph. In consequence 
 f this condition not being fulfilled an ovation only 
 "S granted to Marcellus after the capture of Syra- 
 se (Liv. xxvi. 21 ; compare xxviii. 29; xxx. 
 8) and to L. Manlius upon his return from Spain. 
 Liv. xxxix. 2.').) We find an exception in Liv. 
 xxi. 48, 49, but this and similar cases must be 
 "garded as examples of peculiar favour. (See also 
 acit. Attn. i. .55, compared with ii. 41.) 
 The senate claimed the exclusive right of delibe- 
 rating upon all these points and giving or with- 
 holding the honour sought (Liv. iii. 63 ; Polyb. 
 T. 13), and they for the most part exercised the 
 mvilege without question, except in times of great 
 )olitical excitement. The sovereignty of the peo- 
 )le, however, in this matter was asserted at a very 
 iarly date, and a triumph is said to have been 
 'oted by the tribes to Valerius and Horatius, the 
 ;onsuls of B. c. 446, in direct opposition to the re- 
 iolution of the fathers (Liv. iii. 63 ; Dionys. xi. 
 50), and in a similar manner to C. Marcius Rutilus 
 ;he first plebeian dictator (Liv. vii. 17), while L. 
 Postumius Mcgellus, consul B. c. 294, celebrated a 
 triumph although resisted by the senate and seven 
 out of the ten tribunes. (Liv. x. 37.) Nay more, 
 we read of a certain Appius Claudius, consul B. c. 
 143, who having persisted in celebrating a triumph 
 in defiance of both the senate and people, was ac- 
 companied by his daughter (or sister) Claudia, a 
 vestal virgin, and by her interposition saved from 
 being dragged from his chariot by a tribune. (Oros. 
 V. 4 ; Cic. pro Cod. 1 4 ; Val. Max. v. 4. § 6 ; Suet. 
 Tib. 2.) A disappointed general, however, seldom 
 ventured to resort to such violent measures, but 
 satisfied himself with going through the forms on 
 the Alban Mount, a practice first introduced by 
 C. Papirius Maso, and thus noticed in the Capito- 
 line Fasti: C. Papirius Maso cos. de Corseis 
 
 PRIMUS IN MONTE AlBANO III. NoNAS MaUT. 
 
 AN. DXXn. (Pliny,i/.Ar. XV. 38.) His example 
 was followed by Marcellus (Liv. xxvi. 21 ; Plut. 
 Marc. 22), by Q. Minucius (Liv. xxxiii. 23), and 
 
 by many others, so that Livy (xlii. 21) after men- 
 tioning that the senate had refused a triumph to 
 Cicereius (praetor B. c. 173) adds, "in monte Al- 
 bano, quod jam in mnrem vemrat, triumphavit." 
 (See also Liv. xlv. 38.) 
 
 If the senate gave their consent they at the 
 same time voted a sum of money towards de- 
 fraying the necessary expenses (Polyb. vi. 13), 
 and one of the tribunes " ex auctoritate senatus" 
 applied for a plebiscitum to permit the Imperator 
 to retain his imperiura on the day when he entered 
 the city. (Liv. xlv. 35 ; xxvi. 21.) This last form 
 could not be dispensed with either in an ovation or 
 a triuinpli, because the imperium conferred by the 
 comitia curiata did not include the city itself, and 
 when a general had once gone forth "paludatus" 
 his military power ceased as soon as he re-entered 
 the gates, unless the general law had been pre- 
 viously suspended by a special enactment ; and in 
 this manner the resolution of the senate was, as it 
 were, ratified by the plebs. [Imperium; Palu- 
 DAMENTUM.) For this reason no one desiring a 
 triumph ever entered the city until the question 
 was decided, since by so doing he would ipso facto 
 have forfeited all claim. We have a remarkable 
 example of this in the case of Cicero, who after his 
 return from Cilicia lingered in the vicinity of Rome 
 day after day, and dragged about his lictors from 
 one place to another, without entering the city, in 
 the vain hope of a triumph. 
 
 Such were the preliminaries, and it only now 
 remains to describe the order of the procession. 
 This in ancient days was sufficiently simple. The 
 leaders of the enemyand the other prisoners were led 
 along in advance of the general's chariot, the mili- 
 tary standards were carried before the troops who 
 followed laden with plunder, banquets were spread 
 in front of every door, and the populace brought up 
 the rear in a jo3'ous band, filled with good cheer, 
 chanting songs of victory, jeering and bantering as 
 they went along with the pleasantries customary on 
 such occasions. (Liv. iii. 29.) But in later times 
 these pageants were marshalled with extraordinary 
 pomp and splendour, and presented a most gorg- 
 eous spectacle. Minute details would necessarily 
 be different according to circumstances, but the ge- 
 neral arrangements were as follow. When the 
 day appointed had arrived the whole population 
 poured forth from their abodes in holiday attire, 
 i some stationed themselves on the steps of the pub- 
 lic buildings in the forum and along the Via Sacra, 
 , while others mounted scaffoldings erected for the 
 . purpose of commanding a view of the show. The 
 , temples were all thrown open, garlands of flowers 
 . decorated every shrine and image, and incense 
 1 smoked on every altar. Acmil. Paul. 
 
 ■ Dion Cass. Ixxiv. I.) Meanwhile the Imperator 
 I called an assembly of his soldiers, delivered an 
 L oration commending their valour, and concluded by 
 , distributing rewards to the most distinguished and 
 . a sum of money to each individual, the amount de- 
 1 pending on the value of the spoils. He then as- 
 t cended his triumphal car and advanced to the 
 I Porta Triumphalis (where this gate was is a ques- 
 ' tion which we cannot here discuss ; see Cic. in Pis. 
 
 ■ 23; Suet. Octav. 101 ; Josephus, B. .J. vii. 24), 
 i where he was met by the whole body of the senate 
 . headed by the magistrates. The procession then 
 ; defiled in the following order. 
 
 1. The Senate headed by the magistrates. (Dion 
 1 Cass. li. 21 ; Serv. ad Virg.Aen. 543.) 2. A body 
 
1008 TRIUMPHUS. 
 
 TRIUMPHUS. 
 
 of trumpeters. 3. A train of carriages and frames 
 (Josephus, B. J. vii. 24) laden ^vith spoils, those 
 articles which were especially remarkable either on 
 account of their beauty or rarity being disposed in 
 such a manner as to be seen distinctly by the 
 crowd. (Suet. Jul. 37.) Boards were borne aloft 
 on fercula, on which were painted in large letters 
 the names of vanquished nations and countries. 
 Here, too, models were exhibited in ivory or wood 
 (Quinctil. vi. 3) of the cities and forts captured 
 (Plin. V. 5), and pictures of the mountains, rivers, 
 and other great natural features of the subjugated 
 region, with appropriate inscriptions. Gold and 
 silver in coin or bullion, arms, weapons, and horse 
 furniture of every description, statues, pictiu-es, 
 vases, and other works of art, precious stones, 
 elaborately wrouglit and richly embroidered stuffs, 
 and every object which could be regarded as valu- 
 able or curious. 4. A body of flute players. 5. The 
 white bulls or oxen destined for sacrifice, with 
 gilded horns, decorated with infulae and serta, at- 
 tended by the slaughtering priests with their im- 
 plements, and followed by tlie Carailli bearing in 
 their hands paterae and other holy vessels and in- 
 struments. 6. Elephants or any other strano-e 
 animals, natives of the conquered districts. 7. The 
 arms and insignia of the leaders of the foe. 8. 
 The leaders themselves, and such of their kindred 
 as had been taken prisoners, followed by the whole 
 band of inferior captives in fetters. 9. The coronae 
 and other tributes of respect and gratitude bestow- 
 ed on the Imperator by allied kings and states. 
 
 10. The lictors of the Imperator in single file, their 
 fasces wreathed with laurel. (Plin. //. N. v. 40.) 
 
 11. The Imperator himself in a circular chariot of 
 
 a peculiar fonn (Zonar. vii. 21) drawn by four 
 horses, which were sometimes, though rarely, white. 
 (Plut. CotojV/. 7 ; Serv. /. c. ; Dion Cass, xliii. 14.) 
 The circular form of the chariot is seen in the pre- 
 ceding cut, copied from a marble formerly in the 
 possession of the Duke d' Alcala at Seville (Mont- 
 faucon, Ant.Ejji. tom.iv. pl.cv.), and also in thefol- 
 lowing cut, which represents the reverse of one of the 
 coins of the Antonines. He was attired in a gold 
 embroidered robe {toya picta) and flowered tunic 
 {tunica piilmaia), he bore in his right hand a laurel 
 bough (Plut. PmiU. 32), and in his left a sceptre 
 (Dionys. v. 47 ; Val. Max. iv. 4. § 5), his brows 
 were encircled with a wreath of Delphic laurel 
 (Plin. //. A^. XV. 38, 39), in addition to which, in 
 ancient times, his body was painted bright red. 
 (Plin. //. A'', xxiii. 3G.) He was accompanied 
 in liis chariot by his children of tender years 
 
 (Liv. xlv. 40 ; Tacit. A nn. ii. 41), and some- 
 times by very dear or highly honoured frieiid; 
 (Dion Cass. li. IG ; Ixiii. 20), while behind him 
 stood a public slave holding over his head a goldi-ii 
 Etruscan crown ornamented with jewels. (Plin. //. 
 A'', xxxiii. 4 ; xxviii. 7; Zonar. vii. 21.) '\'\w 
 presence of a slave in such a place at such a time 
 seems to have been intended to avert " invidia" 
 and the influence of the evil ej'e, and for the same 
 purpose a fascinum, a little bell, and a scourge 
 were attached to the vehicle. (Plin. //. A'", xxviii. 
 7 ; Zonar. vii. 21.) TertuUian (Aj,oL 33) tells us, 
 that the slave ever and anon whispered in the ear 
 of the Imperator the warning words " Respice post 
 te, hominem memento te," and this statement is 
 copied by Zonaras {I. c), but is not confirmed by 
 any earlier writer. Isidorus (xviii. 2), misunder- 
 standing Pliny (xxviii. 7), imagines that the slave 
 in question was a common executioner. 12. Be- 
 hind the chariot or on the horses which drew it 
 (Zonar. I. c.) rode the grown-up sons of the Im- 
 perator, together with the legati, the tribuni (Cic. 
 in Pis. 25), and the equites, all on horseback. 
 13. The rear was brought up by the whole body 
 of the infantry in marching order, their spears 
 adorned with laurel (Plin. xv. 40), some shouting 
 lo Triumphe (Varro, L. L. v. 7. ed. Muller ; Hor. 
 Cam. iv. 2. 49 ; Tibull. ii. G. 121), and singing 
 hymns to the gods, while others proclaimed the 
 praises of their leader or indulged in keen sarcasms 
 and coarse ribaldry at his expense, for tlie most 
 perfect freedom of speech was granted and exer- 
 cised. (Liv. iv. 53 ; v. 49 ; xlv. 38 ; Dionys. vii. 
 72 ; Suet. Jul. 49. 51 ; Mart. i. v. 3.) 
 
 The arrangement of the procession as given 
 above is taken, with some changes, from the treatise 
 of Onuphrius Panvinius De Triumpho in the 9th 
 volume of the Thesaurus of Graevius. The dif- 
 ferent particulars are all collected from the accounts 
 transmitted to us of the most celebrated triumphs, 
 such as that of Pompey in Appian (Bell. Mith. 
 1 1 G, 1 1 7), of Paullus Aemilius in Plutarch (Paull. 
 32) and in Livy (xlv. 40), of Vespasian and Titus 
 in Josephus (B. J. vii. 5. § 4, 5, G), and of Carail- 
 lus in Zonaras (vii. 21), together with the remarks 
 of Dionysius (ii. 34 ; v. 47), Sernus (ad Viry. Am. 
 iv. 543), and .Juvenal (Sui. x. 38—45). 
 
 Just as the pomp was ascending the Capitoline 
 hill some of the hostile chiefs were led aside into 
 the adjoining prison and put to death, a custom so 
 barbarous that we could scarcely believe that it 
 existed in a civilized age were it not attested by 
 the most unquestionable evidence. (Cic. in Verr. 
 II. V. 30 ; Liv. xxvi. 13 ; Joseph, vii. 24.) Pom- 
 pey, indeed, refrained from perpetrating this atro- 
 city in his third triumph (Appian, Bell. Mill/' 
 1 1 7), and Am'elian on like occasion spared Zenobia, 
 but these arc quoted as exceptions to the general 
 
TRIUMPHUS. 
 
 TRIUMVIRI. 
 
 1009 
 
 rule. When it was announced that these murders 
 had been completed (Joseph. /. c. ) the victims were 
 then sacrificed, an olTering from the spoils was 
 presented to Jupiter, the laurel wreath was de- 
 posited in the lap of the god (Senec. Consol. ad 
 Hek. 10 ; Plin. H. N. xv. 40 ; Plin. Paiieg. 8 ; 
 Stat. Si/lv. iv. 1. 41), the Imperator was entertain- 
 ed at a public feast along with his friends in the 
 temple, and returned home in the evening preceded 
 by torches and pipes, and escorted by a crowd of 
 citizens. (Flor. ii. 1.) Plutarch {Q. R. 77) and 
 Valerius Maxiraus (li. 8. § 6) say that it was the 
 practice to invite the consuls to this banquet, and 
 then to send a message requesting them not to 
 come, in order, doubtless, that the Imperator might 
 be the most distinguished person in the company. 
 
 The whole of the proceedings, generally speak- 
 ing, were brought to a close in one day, but when 
 the quantity of plunder was very great, and the 
 troops very numerous, a longer period was re- 
 quired for the exhibition, and thus the triumph of 
 Flaminius continued for three days in succession. 
 (Liv. xxxix. 52; Plut. Aemil. Paull. 32.) 
 
 But the glories of the Imperator did not end 
 with the show, nor even with his life. It was 
 customary (we know not if the practice was in- 
 variable) to provide him at the public expense 
 with a site for a house, such mansions being styled 
 triump/uiks domus. (Plin. xxxvi. 24. § 6.) After 
 death his kindred were permitted to deposit his 
 ashes within the walls (such, at least, is the ex- 
 planation given to the words of Plutarch, Q. R. 
 78), and laurel-wreathed statues standing erect 
 in triumphal cars, displayed in the vestibulum of 
 the family mansion, transmitted his fame to pos- 
 terity. 
 
 A Triumphus Navalis appears to have dif- 
 fered in no respect from an ordinary triumph 
 except that it must ha^e been upon a smaller scale, 
 and would be characterized by the exhibition of 
 beaks of ships and other nautical trophies. The 
 earliest upon record was granted to C. Duillius, 
 who laid the foundation of the supremacy of Rome 
 by sea in the first Punic war (Liv. Epit. xvii ; 
 Fast. Capit.) ; and so elated was he by his success, 
 that during the rest of his life, whenever he re- 
 turned home at night from supper, lie caused flutes 
 to sound and torches to be borne before him. (Flor. 
 ii. 1; Cic. Cat. Ma j. 13.) A second naval tri- 
 umph was celebrated by Lutatius Catulus for his 
 victory off the Insulae Aegates, b. c. 241 (Val. 
 Max. ii. 8. § 2 ; Fast. Capit.) ; a third by Q. 
 Fabius Labeo, b. c. 189, over the Cretans (Liv. 
 xxxvii. 60), and a fourth by C. Octavius over 
 King Perseus (Liv. xlv. 42) without captives and 
 without spoils. 
 
 Triumphus Castrensis was a procession of 
 the soldiers through the camp in honour of a tri- 
 bunus or some officer, inferior to the general, who 
 had performed a brilliant exploit. (Liv. vii. 36.) 
 
 After the extinction of freedom the Emperor 
 being considered as the commander-in-chief of all 
 the armies of the state, every military achievement 
 was understood to be performed under his auspices, 
 and hence, according to the forms of even the 
 ancient constitution, he alone had a legitimate 
 claim to a triumph. Tliis principle was soon fully 
 recognised and acted upon, for although Antonius 
 had granted triumphs to his legati (Dion Cass.xlix. 
 42), and his example had been freely followed by 
 Augustus (Suet. Odav. 38 ; Dion Cass. liv. 11,12;) 
 
 in the early part of his career, yet after the year 
 B. c. 14 (Dion Cass. liv. 24), he enrircly discon- 
 tinued the practice, and from that time forward 
 triumphs were rarely, if ever, conceded to any 
 except members of the imperial family. But to 
 compensate in some degree for what was then 
 taken away, the custom was introduced of bestow- 
 ing what were termed Triumpluxlia, Ornamentii., 
 that is, pennission to receive the titles bestowed 
 upon and to appear in public with the robes worn 
 by the Imperatores of the commonwealth when 
 they triumphed, and to bequeath to their descend- 
 ants triumphal statues. These tritimphalia orna- 
 menla are said to have been first bestowed upon 
 Agrippa (Dion Cass. /. c.) or upon Tiberius (Suet. 
 Octal'. 9), and ever after were a common mark of 
 the favour of the prince. (Tacit. Aim. i. 72 ; ii. 52 ; 
 iii. 72, &c. Hi^t. i. 79 ; ii. 78, &c.) 
 
 The last triumph ever celebrated was that of 
 Belisarius, who entered Constantinople in a quad- 
 riga, according to the fashion of the olden time, 
 after the recovery of Africa from the Vandals. 
 The total number of triumphs upon record down 
 to this period has been calculated as amounting to 
 350. Orosius (vii. 9) reckons 320 from Romulus 
 to Vespasian, and Pitiscus (Leslie. Anfiq. s. v. 
 Triumphus) estimates the number from Vespasian 
 to Belisarius at 30. [W. R.] 
 
 TRIUMVIRI or TRESVIRI, were either or- 
 dinary magistrates or officers, or else extraordinary 
 commissioners, who were frequently appointed at 
 Rome to execute any public office. The following 
 is a list of the most important of both classes, ar- 
 ranged in alphabetical order. 
 
 Triumviri Agro Dividundo. [Triumviri 
 
 COLONIAE DeDUCENDAB.] 
 
 Triumviri Capitales were regular magistrates 
 first appointed about B. c. 292. (Liv. Epit. 1 1 ; Dig. 
 1. tit. 2. s. 2. § 30.) The institution of their office 
 is said to have been proposed by L. Papirius, whom 
 Festus (s. V. Sacramentum') calls tribune of the 
 plebs, but whom Niebuhr (Rom. Gesch. iii. p. 480) 
 supposes to be L. Papirius Cursor, who was praetor 
 in B. c. 292. They were elected by the people, 
 the comitia being held by the praetor. (Festus, 
 I. c.) They succeeded to many of the functions of 
 the Quaestores Parricidii. (Varro, L. L. v. 81. ed. 
 MilUer; Quaestor, p. 813.) It was their duty 
 to inquire into all capital crimes, and to receive in- 
 formations respecting such (Varro, I. c; Plant, ^sra. 
 i. 2. 5 ; Aulul. iii. 2. 2 ; Cic. pro Cluent. 13), and 
 consequently they apprehended and committed to 
 prison all criminals whom they detected. (Liv. 
 xxxix. 17; Valer. Max. vi. 1. § 10; Cic. I.e.) 
 In conjunction with the Aedilcs, they had to pre- 
 serve the public peace, to prevent all unlawful 
 assemblies, &c. (Liv. xxv. 1 ; xxxix. 14.) They 
 enforced the payment of fines due to the state. 
 (Fest. I. c.) They had the care of public prisons, 
 and carried into effect the sentence of the law 
 upon criminals. (Liv. xxxii. 26 ; Valer. Max. v. 
 4. § 7 ; viii. 4. § 2 ; Sail. Cat. 55 ; Tacit. Ann. v. 
 9.) In these points they resembled the magistracy 
 of the Eleven at Athens [Eleven, The]. They 
 had the power of inflicting summary punishment 
 upon slaves and persons of lower rank : their court 
 appears to have been near the Maenian column. 
 (Festus, /. c. ; Gell. iii. 3; Plaut. Amphitr. i. 
 1.3; Cic. pro Cltient. 13.) Niebuhr (^. c), who 
 is followed by Arnold {Hist, of Rome, ii. p. 
 389), supposes that they might inflict summary 
 
 3 T 
 
1010 
 
 TRIUMVIRI. 
 
 TROPAEUM. 
 
 punishment on all offenders against the public 
 peace who might be taken in the fact ; but the 
 passage of Festus, which Nicbuhr quotes, does not 
 prove this, and it is improbable that they should 
 have had power given them of inflicting summary 
 punishment upon a Roman citizen, especially since 
 we have no instances recorded of their exercising 
 such a power. (Walter, Gesch. d. Rom. Rechts, 
 p. 1G5. 858; Gdttling, Gesclt. d. Rom. Staatsv. p. 
 378.) 
 
 Triumviri Coloniae Deducendae were per- 
 sons appointed to superintend the formation of a 
 colony. They are spoken of under Colonia, p. 
 256. Since they had besides to superintend the dis- 
 tribution of the land to the colonists we find them 
 also called Triumviri Coloniae Dediicendae Agrotjue 
 Dividundo (Liv. viii. 16), and sometimes simply 
 Triumrin Agro Dandn (Liv. iii. 1 ). 
 Triumviri Epulones. [Epulones.] 
 Triumviri Equitum TurmasRecocnoscendi, 
 or Legendis Equitum Decuriis, were magistrates 
 first appointed bj' Augustus to revise the lists of 
 the Equites, and to admit persons into the order. 
 This was formerly part of the duties of the censors. 
 (Suet. Aug. Zl ; Tacit. Ann. iii. 30.) 
 Triumviri Mensarii. [Mensarii.] 
 Triumviri Monetales. [Moneta.] 
 Triumviri Nocturni, were magistrates elected 
 annually, whose chief duty it was to prevent fires 
 by night, and for this purpose they had to go 
 round the city during the night (rigilias circum- 
 ire). If they neglected their duty they appear to 
 have been accused before the people by the tribunes 
 of the plebs. (Valor. Max. viii. 1. § 5, 6.) The time 
 at which this office was instituted is unknown, but 
 it must have been previously to the year B. c. 304. 
 (Liv. ix. 46.) Augustus transferred their duties 
 to the Praefectus Vigilum. (Dig. 1. tit. IS. s. 1.) 
 [Praefectus Vigilum.] 
 
 Triumviri Reficiendis Aedibus, extraordi- 
 nary ofiicers elected in the Comitia Tributa in the 
 time of the second Punic war, were appointed for 
 the pm'pose of repairing and rebuilding certain 
 temples. (Liv. xxv. 7.) 
 
 Triumviri Reipublicae Constituendae. 
 Niebuhr {Rom. Ocscji. iii. p. 50) supposes that 
 magistrates under this title were appointed as 
 early as the time of the Licinian Rogations, in 
 order to restore peace to the state after the com- 
 motions consequent upon those Rogations. (Lydus, 
 de Alag. i. 35.) Niebuhr also thinks that these 
 were the magistrates intended by Varro, who men- 
 tions among the extraordinary magistrates, that 
 had the right of summoning the senate. Triumvirs 
 for the regulation of the republic, along with the 
 Decemvirs and Consular Tribunes. (Uelbus, xiv. 
 7.) We have not, however, any certain mention 
 of officers or magistrates under this name, till to- 
 wards the close of the republic, when the supreme 
 power was shared between Caesar (Octavianus), 
 Antony, and Lepidus, who administered the afiiiirs 
 of the state under the title of Triumviri Rcipuhlicac 
 Constituendae. This office was conferred upon 
 them in B.C. 43 for five years (Liv. Epit. 120; 
 Appian, Civ. iv. 2-12 ; Dion Cass. xlvi. 54-56 ; 
 Veil. Pat. ii. 65 ; Plut. Cic. 46); and on the ex- 
 piration of the term, in B. c. 38, was conferred 
 upon them again, in B. c. 37, for five years more. 
 (Appian, Civ. v. 95 ; Dion Cass, xlviii. 54.) The 
 coalition between Julius Caesar, Pompey, and 
 Crassus, in b. c. 60 (Veil. Pat. ii. 44 ; Liv. Epit. 
 
 103) is usually called the first triumvirate, and 
 that between Octavianus, Antonj', and Lepidus, 
 the second ; but it must be borne in mind that the 
 former never bore the title of triumviri, nor were 
 invested with any office under that name, whereas 
 the latter were recognized as regidar magistrates 
 under the abovementioned title. 
 
 Triumviri S.icRis Conquirendis Donisque 
 Persignandis, extraordinary officers elected in 
 the Comitia Tributa in the time of the second 
 Punic war, seem to have had to take care that all 
 property given or consecrated to the gods was ap- 
 plied to that purpose. (Liv. xxv. 7.) 
 
 Triumviri Senatus Legendi were magistrates 
 appointed by Augustus to admit persons into the 
 senate. This was previously the duty of the 
 censors. (Suet. Aug. 37.) 
 
 TROCHUS ijpoxis), a hoop. The Greek 
 boys used to exercise themselves like ours with 
 trundling a hoop. It was a bronze ring, and had 
 sometimes bells attached to it. (Mart. xi. 22. 2; 
 xiv. 168, 169.) It was impelled by means of a 
 hook with a wooden handle, called clavis (Propert. 
 iii. 12), and eAoTT^p. From the Greeks this 
 custom passed to the Romans, who consequently 
 adopted the Greek term. (Hor. Carm. iii. 24. 57.) 
 The hoop was used at the Gymnasium (Propert. 
 I.e.; Ovid, Trist. ii. 485) ; and, therefore, on one 
 of the gems in the Stosch collection at Berlin, 
 which is engraved in the annexed woodcut, it is 
 accompanied by the jar of oil and the laurel branch, 
 the signs of eftbrt and of victory. On each side of 
 this we have represented another gem from the 
 same collection. Both of these exhibit naked 
 youths trundling the hoop by means of the hook 
 or key. These show the size of the hoop, which 
 in the middle figure has also three small rings or 
 bells on its circumference. (Winckelmann, DesB. 
 des Pierres Gravies, p. 452-455.) 
 
 In a totally different manner hoops were used 
 the perfomiances of tumblers and dancers. 
 Xenophon describes a female dancer who receives 
 twelve hoops in succession, throwing them into the 
 air and catching them again, her motions being 
 regulated by another female playing on the pipe. 
 {Si/mpos. ii. 7, 8.) 
 
 On the use of rpo^rfy, to denote the potter's 
 wheel, and the wheel appUed in torture, see 
 Fictile and Tormentum. [J. Y.] 
 
 TROJAE LUDUS. [Circus, p. 234.] 
 TROPAEUM {TpSvatov, Att. rpuvaTov, Schol. 
 ad Aristoph. Plut. 453), a trophy, a sign and me- 
 morial of victory, which was erected on the field 
 of battle where the enemy had turned (rpeirw, 
 rpdirri) to flight, and in case of a victory gained at 
 sea, on the nearest land. The expression, for rais- 
 ing or erecting a trophy, is rpo-na7ov arijcrai or 
 orrritTacrBai, to which may be added diro or /fortJ 
 rav -KoK^fjLiwv. (Wolf, ad Dem. in Lept. p. 296.) 
 When the battle was not decisive, or each party 
 
TROPAEUM. 
 
 TRUA. 
 
 1011 
 
 considered it had some claims to the victory, both 
 erected trophies. (Thucyd. i. 54. 105; ii. 92.) 
 Trophies usually consisted of the arms, shields, 
 helmets, &c., of the enemy that were defeated ; 
 and from the descriptions of Virgil and other 
 Roman poets, which have reference to the Greek 
 rather than to the Roman custom, it appears that 
 the spoils and arms of the vanquished were placed 
 on the trunk of a tree, which was fixed on an 
 elevation. (Virg. Aen. xi. 5 ; Serv. ad loc. ; Stat. 
 Theb. iii. 707; Juv. x. 133.) It was consecrated 
 to some divinity with an inscription {iviypafi^ia), 
 recording the names of the victors and of the de- 
 feated party (Eurip. Pkoe/i. 583 ; Schol. ad loc; 
 Paus. V. 27. § 7 ; Virg. Aen. iii. 288 ; Ovid, Ar. 
 Am. ii. 744 ; Tacit. Ann. ii. 22) ; whence trophies 
 were regarded as inviolable, which even the enemy 
 were not permitted to remove. (Dion Cass. xlii. 
 48.) Sometimes, however, a people destroyed a 
 trophy, if they considered that the enemy had 
 erected it without sufficient cause, as the Milesians 
 did with a trophy of the Athenians. (Thucyd. viii. 
 24.) That rankling and hostile feelings might not 
 be perpetuated by the continuance of a trophy, it 
 seems to have been originally part of Greek inter- 
 national law that trophies should be made only of 
 wood and not of stone or metal, and that they 
 should not be repaired when decaj'ed. (Pint. Quaest. 
 Rom. 87. p. 273. c. ; Diodor. xiii. 24.) Hence we are 
 told that the Lacedaemonians accused the Thebans 
 before the Amphictyonic council, because the latter 
 bad erected a metal trophy. (Cic. de Invent ii. 
 23.) It was not however uncommon to erect such 
 trophies. Plutarch (Alcib. 29. p. 207. d.) mentions 
 one raised in the time of Alcibiades, and Pausanias 
 (ii. 21. § 9 ; iii. 14. § 7 ; v. 27. § 7) speaks of 
 several, which he saw in Greece. (Wachsmuth, 
 Hell. Alt. II. i. p. 424 ; Schomann, Ant. Jar. Publ. 
 Graec. p. 370.) 
 
 The trophies erected to commemorate naval vic- 
 tories were usually ornamented \vith the beaks or 
 acroteria of ships [Acroterium; Rostra]; and 
 were generally consecrated to Poseidon or Neptune. 
 Sometimes a whole ship was placed as a trophy. 
 (Thucyd. ii. 84. 92.) 
 
 The following woodcut taken from a painting 
 found at Pompeii (Mus. Borbon. vii. t. 7) contains 
 a very good representation of a tropaeum, which 
 Victory is engaged in erecting. The conqueror 
 stands on the other side of the trophy with his 
 brows encircled with laurel. 
 
 The Macedonian kings never erected trophies, for 
 the reason given by Pausanias (ix. 40. § 4^, and 
 hence the same writer observes that Alexander raised 
 no trophies after his victories over Darius and in 
 India. The Romans too, in early times, never 
 erected any trophies on the field of battle (Florus, 
 iii. 2), but carried home the spoils taken in battle, 
 with which they decorated the public buildings, and 
 also the private houses of individuals. [Spolia.] 
 Subsequently, however, the Romans adopted the 
 Ghreek practice of raising trophies on the field of 
 battle : the first trophies of this kind were erected 
 by Domitius Ahenobarbus and Fabius Maximus in 
 B. c. 121, after their conquest of the AUobroges, 
 when they built at the junction of the Rhone and 
 and the Isara towers of white stone, upon which 
 trophies were placed adorned with the spoils of 
 b e enemy. (Floras, I. c; Strabo, iv. p. 185.) 
 Pompey also raised trophies on the Pyrenees after 
 his victories in Spain (Strabo, iii. p. 156; Plin. 
 
 H. jV. iii. 3 ; Dion Cass. xli. 24 ; Sail. ap. Serv. in 
 Virg. Aeti. xi. G) ; Julius Caesar did the same 
 near Ziela, after his victory over Phaniaces (Dion 
 Cass. xlii. 48), and Drusus, near the Elbe, to com- 
 memorate his victory over the Germans. (Dion 
 Cass. li. 1 ; Florus, iv. 12.) Still, however, it was 
 more common to erect some memorial of the victory 
 at Rome than on the field of battle. The trophies 
 raised by Marius to commemorate his victories 
 over Jugurtha and the Cimbri and Teutoni, which 
 were cast down by Sulla, and restored by Julius 
 Caesar, must have been in the city. (Suet. Jul. 11.) 
 In the later times of the republic, and under the 
 empire, the erection of triumphal arches was the 
 most common way of commemorating a victory, 
 many of which remain to the present day. 
 [Arcus.] 
 TROSSULI. [Equites, p. 394.] 
 TRUA, dim. TRULLA {-ropxivt)), derived 
 from Tpuw, TcSptti, &c., to perforate ; a large and 
 flat spoon or ladle, pierced with holes ; a trowel. 
 The annexed woodcut represents such a ladle, 
 adapted to stir vegetables or other matters in the 
 pot (Schol. in Aristopli. Av. 78), to act as a strainer 
 when they were taken out of the water, or to dis- 
 pel the froth from its surface. (Non. Marcell. p. 
 19. ed. Merceri.) The ladle liere drawn was 
 found in the kitchen of "• the house of Pansa," at 
 Pompeii. 
 
 The trulla vinaria (Varro, L. L. \. 11 8. ed. 
 MiiUer) seems to have been a species of colander 
 [Colum], used as a wine-strainer. (Cic. Verr. ii. 
 iv. 27 ; Hor. Sat. ii. 3. 144.) Though generally 
 applied to these domestic and culinary purposes 
 (Eupolis, p. 174, ed. Runkel), the tralla was 
 found to be convenient for putting bees into a hive. 
 (Col. de Re Rust. ix. 12.) It was also commonly 
 used to plaster walls (Pallad. de Re Rust. i. 13. 
 15), and thus gave rise to the verb trullissare. 
 [Paries, p. 719.] 
 
 3 T 2 
 
1012 
 
 TUBA. 
 
 TUBA. 
 
 Mr. Fellowes [Exc. in Asia Minor, p. 153) ox- 
 plains the eastern method of using a kind of colander 
 in washing the hands. It is placed as a cover upon 
 the jar [Olla], which receives the dirty water. 
 This may therefore be the Iriilleum, which the 
 ancients used, together with the basin and ewer, to 
 wash their hands. (Non. Marcell. p. 547. ed. 
 Merceri.) [J. Y.] 
 
 TRU'TINA (rpvTavri), a general term including 
 both Libra, a balance, and siatcra, a steelyard. 
 (Non. Marc. p. 180.) Payments were originally 
 made by weighing, not by counting. Hence a 
 balance {irutinu) was preserved in the temple of 
 Saturn at Rome. (Varro, L. L. v. 183. ed. MiiUer.) i 
 The balance was much more ancient than the steel- 
 yard, which according to Isidore of Seville {Orig. 
 xvL 24) was invented in Campania, and therefore 
 called by way of distinction Trutina Camparia. 
 Consistently with this remark, steelyards have 
 been found in great numbers among the ruins of 
 Herculaneum and Pompeii. The construction of 
 some of them is more elaborate and complicated 
 than that of modem steelyards, and they are in 
 some cases much ornamented. The annexed wood- 
 cut represents a remarkably beautiful statera which 
 is preserved in the Museum of the Capitol at Rome. 
 Its support is the trunk of a tree, round which a 
 serpent is entwined. The equipoise is a head of 
 Minerva. Three other weights lie on the base of 
 the stand, designed to be hung upon the hook when 
 occasion required. (Mus. Ca-pit. t. ii. p. 213.) 
 
 Vitruvius (x. 3. s. 8. § 4) explains the principle 
 of the steelyard, and mentions the following con- 
 stituent parts of it : the scale (lancula) depending 
 from the head (capzit), near which is the point of 
 revolution (ce?itrum) and the handle {ansa). On 
 the other side of the centre from the scale is the 
 beam {scapus) with the weight or equipoise (aequi- 
 pondium), which is made to move along the points 
 (per puncia) expressing the weights of the different 
 objects that are put into the scale. [J. Y.] 
 
 TUBA ((ToAiriyl), a bronze trumpet, distin- 
 guished from the cornu by being straight while the 
 latter was curved : thus Ovid {Met. i. 98) 
 
 " Non tuba directi non aeris comua flexi." 
 
 (Compare Vegetius, iii. 5.) Facciolati in his Lexi- 
 con (s. V. Tuba) is mistaken in supposing that 
 Aulus Gellius (v. 8) and Macrobius (Sat. vi. 8), 
 who copies him, intend to affinn that the tuba was 
 crooked. The words of the former do not mean 
 that both the lituus and the tuba were crooked, 
 
 but that both that kind of tnimpet which was 
 called a lituus and also the staff of the augur were 
 crooked, and that it was doubtful which of the 
 two had lent its name to the other. [LiTCUS.] 
 
 The tuba was employed in war for signals of 
 every description (Tacit. Hist. ii. 29 ; Caesar, B. C. 
 iii. 46 ; Hirt. U. G. viii. 20 ; Liv. xxxix. 27), at 
 the games and public festivals (Juv. vi. 249 ; x. 
 214 ; Virg. Aen. v. 1 ) 3 ; Ovid, Fast. i. 716), also 
 at the last rites to the dead {Mnc tuha, candelae, 
 Pers. iii. 103; Virg. Acn. xi. 191 ; Ovid. Heroid. 
 xii. 140; Amor. ii. vi. 6), and Aulus GeUius (xx. 
 2) tells us from Atteius Capito that those who 
 sounded the trumpet at funerals were termed 
 sitkines, and used an instrument of a peculiar form. 
 The tones of the tuba are represented as of a harsh 
 and fear-inspiring character (_/)-arfos sonitus tuba- 
 rum, Virg. Geory. iv. 72 ; terrihilem soniliim aere 
 canoro, Aen. ix. 503), which Ennius (Serv. ad 
 Vircj. Aen. ix. 503; Priscian. viii. 18. 103. ed. 
 Krehl) endeavoured to imitate in the line 
 
 "At tuba terribili sonitu taratantara dixit." 
 
 The invention of the tuba is usually ascribed by 
 ancient writers to the Etruscans (Athenaeus, iv. c. 
 82 ; Pollux, iv. 85. 87 ; Diodor. v. 40 ; Serv. ad 
 Virg. Aen. viii. 516 ; Clemens Alex. Strom, i. p. 
 306), and the epithet AijffToo-aArrtyKTai' (^i.e. robber- 
 trumpeters, Photius and Hesych. s. t\ and Pollux, 
 
 I. c.) would seem to indicate that they had made it 
 famous by their piracies. It has been remarked 
 that Homer never introduces the (rdAiriy^ in his 
 narrative but in comparisons only (//. xviii. 219 ; 
 xxi. 388 ; Eustath. and Schol.), which leads us to 
 infer that although known in his time it had 
 been but recently introduced into Greece, and it is 
 certain that, notwithstanding its eminently martial 
 character, it was not until a late period used in the 
 armies of the leading states. By the tragedians its 
 Tuscan origin was fully recognized : Athena in Aes- 
 chylus orders the deep-toned piercing Tyrrhenian 
 trumpet to sound (Eumen. 567), Ulysses in Sopho- 
 cles (Aj. 17) declares that the accents of his beloved 
 goddess fell upon his ears like the tones of the 
 brazen-mouthed Tyrrhenian bell (kwSwvos, i. e. the 
 bell-shaped aperture of the trumpet), and similar 
 epithets are applied by Euripides (P/ioeniss. 1376; 
 Heraclid. 830), and other Greek (Auctor. Rlues. 
 988 ; Brunck, Anal. tom. ii. p. 142) and Roman 
 writers (Tyrrhenus clangor, Virg. Ae7i. viii. 526; 
 Stat. Theb. iii. 650 ; Tyrrhcnae clangors iubae, 
 Silius, ii. 19). According to one account it was 
 first fabricated for the Tj-rrhcnians by Athena, 
 who in consequence was worshipped by the Ar- 
 gives under the title of '2,6.\viy^ (Schol. ad Ham. 
 
 II. xviii. 219. e. cod. Vict. ; Pausan. ii. 21. § 3), 
 while at Rome the tubilustrium, or purification of 
 sacred trumpets, was performed on the last day of 
 the Quinquatnis. [Quinquatru.s.] In another 
 legend the discovery is attributed to a mythical 
 king of the Tyrrhenians, Maleus son of Hercules 
 and Omphale (Lutat. ad Stat. Thch. iv. 224 ; vi. 
 404 ; Hygin. Fab. 274 ; Schol. ad Horn. I. c), in 
 a third to Pisaeus the Tyrrhenian (Plin. //.A', 
 vii. 57 ; Photius, s. r.), and Silius has preserved <i 
 tradition (viii. 490), according to which the origin 
 of this instrument is traced to Vetulonii. (Miiller, 
 Die FArnsh'r, iv. i. 3, 4, 5.) 
 
 There appears to have been no essential differ-' 
 ence in form between the Greek and Roman or 
 Tyrrhenian trumpets. Both were long, straight. 
 
TUMULTUS. 
 
 TUNICA. 
 
 1013 
 
 bronze tubes gradually increasing in diameter, and 
 terminating in a bell-shaped aperture. They pre- 
 
 sent precisely the same appearance on monuments 
 of very different dates, as may be seen from the 
 cuts annexed, the former of whicli is from Trajan's 
 column, and the latter from an ancient fictile vase. 
 (Hope, Costumes of ilie Ancients, pi. 150.) 
 
 The scholiast on the Iliad (/. c) reckons six va- 
 'eties of trumpets ; the first he calls the Grecian 
 iKtriyi^ which Athena discovered for the Tyrrhe- 
 "ans, and the sixth, termed by him kot' il6xw^ 
 he TvpcTrtviK-i) aaAwiy^, he describes as bent at the 
 xtremity ((caJSwco K€K\a(rfj.evov ex"'"^"')-, '^I't by 
 his we nmst unquestionably understand the sacred 
 rumpet (lepariKr) cdAviy^, Lydus, dc Alcns. iv. 6), 
 ihe litmis already noticed at the beginning of this 
 tide. (Compare Lucan, i. 431.) [W. R.] 
 TUBILU'STRIUM. [Quinquatrus.] 
 TULLIA'NUM. [Carcer.] 
 TT'MBOS. [FuNUS, p. 43(;.] 
 TUMULTUA'RII. [Tumultus.] 
 TUMULTUS was the name given to a sudden 
 r dangerous war in Italy or Cisalpine Gaul, and 
 he word was supposed by the ancients to be a 
 ntraction of timur multus. (Cic. Phil, viii. 1 ; 
 'ultus didus, quasi timer multus, Serv. ad Vii-y. 
 en. ii. 486 ; viii. 1 ; Festus, s. v. Tumultuarii.) 
 t was however sometimes applied to a sudden or 
 angerous war elsewhere (Liv. xxxv. 1 ; xli. C ; 
 "'ic. P/iil. V. 1"2) ; but this does not appear to have 
 een a correct use of the word. Cicero (Phil. viii. 
 .) says that there might be a war witiiout a tu- 
 ultus, but not a tumultus without a war ; but it 
 ust be recollected that the word was also applied 
 any sudden alarm respecting a war ; whence we 
 nd a tumultus often spoken of as of less import- 
 ce than a war (e.g. Liv. ii. 26), because the 
 suits were of less consequence, though the fear 
 ight have been much greater than in a regular war. 
 In the case of a tunmltus there was a cessation 
 cm all business (Justitium), and all citizens were 
 bliged to enlist without regard being had to the ex- 
 ptions (ramtioncs) from military service, which 
 ere enjoyed at other times. (Cic. tr. ; Liv. 
 
 vii. 9. 11. 28; viiL 20; xxxiv. 56.) As there 
 was not time to enlist the soldiers in the regular 
 manner, the magistrate appointed to command the 
 army displayed two banners (vemlla) from the 
 capitol, one red, to summon the infantry, and the 
 other green, to summon the cavalry, and said, 
 " Qui rempublicam salvam vult, me sequatur." 
 Those that assembled took the miliary oath to- 
 gether, instead of one by one, as was the usual 
 practice, whence they were called coiijurati, and 
 their service conjuratio. (Serv. ad i^iry. Acn. viii. 
 I.) Soldiers enlisted in this way were called 
 Tumidtuarii ov Subitarii. ( Festus, s. u. ; Liv. iii. 
 30; X. 21; xl. 26.) 
 
 TU NICA (xi'^iiv,dim. xi'TcoWo'ifos, x'''"'^''""')? 
 an under-gannent. The Chiton was the only kind 
 oiivSufia, or under-gannent worn by the Greeks. 
 Of this there were two kinds, the Dorian and 
 Ionian. The Dorian Chiton, as worn by males, 
 was a short woollen shirt, without sleeves ; the 
 Ionian was a long linen garment, with sleeves. 
 The under-gannent, afterwards distuiguished as 
 the Dorian, seems to have been originally worn in 
 the whole of Greece. Thucydides (i. 6) speaks as 
 if the long linen garment worn at Athens a little 
 before his time was the most ancient kind, since 
 he attributes the adoption of a simpler mode of 
 dress to the Lacedaemonians, but we know with 
 tolerable certainty that this dress was brought over 
 to Athens by the lonians of Asia. (M'uller, de 
 Minerva Poliude, p. 41 ; Dor. iv. 2. § 4.) It was 
 commonly worn at Athens during the Persian wars, 
 but appears to have entirely gone out of fashion 
 about the time of Pericles, from which time the 
 Dorian Chiton was the under-garment universally 
 adopted by men through the whole of Greece. 
 (Athen. xii. p. .512. c; Eustath. p. 954. 47; 
 Thucyd. /. c.; Aristoph. Equit. 1330.) 
 
 The distinction between the Doric and Ionic 
 Chiton still continued in the dress of women. The 
 Spartan virgins only wore this one gannent, and 
 had no upper kind of clothing, whence it is some- 
 times called Himatio7i [Pallium] as well as Chi- 
 ton. (Compare Herod, v. 87 ; Schol. ad Eurip. 
 Hecuh. 933.) Euripides (Hecub. I. c. ; Androm. 
 598) incorrectly calls this Doric dress Peplos, and 
 speaks of a Doric virgin as /xovoireTrKos. From the 
 circumstance of their oidy wearing one gannent, 
 the Spartan virgins were called yv/xvai (Plut. Li/c, 
 14) [NuDUs], and also fj-ovoxiTuves. (Schol. ad 
 Eurip. I.e. ; Athen. xiii. p. 589. f.) They appeared 
 in the company of men without any fui'ther cover- 
 ing ; but the married women never did so without 
 wearing an upper gannent. This Doric Chiton 
 was made, as stated above, of woollen stuff ; it was 
 without sleeves, and was fastened over both shoul- 
 ders by clasps or buckles (irdpTrai, irep6uat), which 
 were often of considerable size. (Herod. Schol. ad 
 Eurip. II. cc.) It was frequently so short as not to 
 reach the knee (Clem. Alex. Paed. ii. 10. p. 258), 
 as is shown in the figure of Diana, on p. 224, who 
 is represented as equipped for the chase. It was 
 only joined together on one side, and on the other 
 was left partly open or slit up ((JxidToj x^'^'^"^ Pol- 
 lux, vii. 55), to allow a free motion of the limbs : 
 the two skirts (■m^pvyes') thus frequently flew 
 open, whence the Spartan virgins were sometimes 
 called (paivofinjplSei (Pollux, I. c), and Euripides 
 (Androyn. I. c.) speaks of them as with 
 
 yvixvolffi ix-qpots koI irewAots dveifieyois. 
 Examples of this cX'CTds x'^*^" ^'^<^ frequently 
 
1014 
 
 TUNICA. 
 
 TUNICA. 
 
 seen in works of art: the following cut is taken 
 from a bas-relief in the British Museiun, which re- 
 presents an Amazon with a Chiton of this kind : 
 some parts of the figure appear incomplete, as the 
 original is mutilated. (See also Mus. Borbon. iv. 
 t. 21.) 
 
 The Ionic Chiton, on the contrary, was a long 
 and loose garment, reaching to the feet (iro5r}p7)s), 
 with wide sleeves (Kopat), and was usually made of 
 linen. The sleeves, however, appear usually to 
 have covered only the upper part of the arm ; for 
 in ancient works of art we seldom find the sleeve 
 extending further than the elbow, and sometimes 
 not so far. The sleeves were sometimes slit up, 
 and fastened together with an elegant row of 
 brooches (Aelian, V. H. i. 18), and it is to this 
 kind of garment that Bcittigcr (A'faVic Scltiift. iii. p. 
 5G) incorrectly gives the name of crx'iTTds x^""""- 
 The Ionic Chiton, according to Herodotus (v. 87, 
 88) was originally a Carian dress, and passed over 
 to Athens from Ionia. The women at Athens ori- 
 ginally wore the Doric Chiton, but were compelled 
 to change it for the Ionic, after they had killed 
 with the buckles or clasps of their dresses the single 
 Athenian who had returned alive from the expedi- 
 tion against Aegina, because there were no buckles 
 or clasps required in the Ionic dress. The Muses 
 are generally represented with this Chiton. The 
 woodcut annexed, taken from a statue in the Bri- 
 tish Museum, represents the Muse Thalia wearing 
 an Ionic Chiton. The Peplum has fallen off her 
 shoulders, and is held up by the left hand. The 
 right arm holding a Pedum is a modem restoration. 
 
 Both kinds of dress were fastened round the 
 middle with a girdle [Zona], and as the Ionic 
 Chiton was usually longer than the body, part of it 
 was drawn up so that the dress might not reach 
 further than the feet, and the part which was so 
 drawn up overhung or overlapped the girdle, and 
 was called KoKiros. 
 
 There was a peculiar kind of dress, which seems 
 to have been a species of double Chiton, called 5i- 
 Tr\oi's, 5iJrAoiSio;',and r};ixi5iirAoiSioj'. Some writers 
 suppose that it was a kind of little cloak thrown 
 over the Chiton, in which case it would be an 
 Amictus, and could not be regarded as a Chiton ; 
 but Becker and others maintain that it was not a 
 separate article of dress, but was merely the upper 
 part of the cloth forming the Chiton, which was 
 larger than was required for the ordinary Chiton, 
 and was therefore thrown over the front and back. 
 The following cuts {Mus. Borhon. ii. t. 4. G) will 
 give a clearer idea of the fonn of this garment than 
 any description. 
 
 It seems impossible to deteimine with certainty 
 whether the Diploidion fonned part of the Chiton, 
 or was a separate piece of dress. Those ^vriters 
 who maintain the former view, think that it is 
 quite proved by the left-hand figure in the preced- 
 ing cut ; but this is not conclusive evidence, since 
 the Chiton may have terminated at the waist. In 
 the right-hand figure we see that the Chiton is 
 girded round the middle of the body, as described 
 above, and that the fold which overhangs (koAttos) 
 forms, vidth the end of the Diploidion, a parallel 
 line, which was always the case. This is also 
 plainly seen in the woodcut to the article Umbra- 
 cuLUM. Since the Diploidion was fastened over 
 the shoulders by means of buckles or clasps, it was 
 called eirwfiis, which Miiller {Arch'dol. d. Kmtst. 
 § 339. 4) supposes from Eurip. Hecub. 553, and 
 Athen. xiii. p. 608. b. to have been only the end of 
 the gannent fastened on the shoulder ; but these 
 passages do not necessarily prove this, and Pollux 
 (vii. 49) evidently understands the word as mean- 
 ing a gannent itself. 
 
 Besides the word x't&Sj', we also meet with the 
 diminutives x^''''^"^'^'"'^ m*! X'''''^^""'^ t'^*^ former of 
 which is generally applied to a garment worn by 
 men, and the latter to one worn by women, though 
 this distinction is not always preserved. A ques- 
 tion arises, whether these two words relate to a dif- 
 ferent garment from the Chiton, or mean merely ii 
 smaller one. Many modern writers think that the 
 Chiton was not worn immediately next the skin, 
 
TUNICA. 
 
 TUNICA. 
 
 1015 
 
 but that there was worn under it a shirt (x'tojviV- 
 Kos) or chemise (x^twvlop). In the dress of men, 
 however, this does not appear to have been the 
 case ; since we find x^'''""^"''"'^ frequently used as 
 identical with x'''"i«>', and spoken of as the only 
 undergarment worn by individuals. (To 'inaTiov koI 
 T&v x'™''"''f<'^5 Plat. Hij>j). Mill. p. 368 ; Dem. in 
 Mid. p. 583. 21 ; Aesch. in Tim. p. 143 ; Athen. 
 
 xii. p. 545. a.) It appears, on the contrary, that 
 females were accustomed to wear a chemise (x'tcu- 
 piov) under their Chiton, and a representation of 
 such an one is given in p. 578. (Compare Athen. 
 
 xiii. p. 590. f. ; Aristoph. Lysktr. 48. 150.) 
 
 It was the practice among most of the Greeks to 
 wear an llimation, or outer gannciit, over the Chi- 
 ton, but frequently the Chiton was worn alone. 
 A person who wore only a Chiton was called imvo- 
 Xirwv [oloxtrwy in Homer, Od. xiv. 480), an 
 epithet given to the Spartan virgins, as explained 
 above. In the same way, a person who wore only 
 an Himation, or outer garment, was called dxiTuiv. 
 (Xen. Mem.-i. 6. § 2 ; Aelian, V. H. vii. 13; 
 Diod. Sic. xi. 26.) The Atiienian youths, in the 
 earlier times, wore only the Chiton, and when it 
 became the fashion, in the Peloponnesiiiu war, to 
 wear an outer garment over it, it was regarded as 
 a mark of effeminacy. (Aristoph. Nub. 964, com- 
 pared with 987.) 
 
 Before passing on to the Roman under garment, 
 it remains to explain a few terms which are ap- 
 plied to the different kinds of Chiton. In later 
 times, the Chiton worn by men, was of two kinds 
 the dn(piixd(Txa^os and the eT6/)o^(rxa\os, the 
 former the dress of freemen, the latter that of slaves. 
 (Pollux, vii. 47.) The dixtpifxaay^aKos appears to 
 have signified not only a gannent which had two 
 sleeves, but also one which had openings for both 
 anns ; while the irepojM(Txa\os, on the contrary, 
 had only a sleeve, or ratlier an opening for the left 
 ami, leaving the right, with the shoulder and a 
 part of the breast uncovered, whence it is called 
 6|a)|Uis, a representation of which is given on p. 404. 
 When the sleeves of the Chiton reached down to 
 the hands, it seems to have been properly called 
 X6ipiS&)T((s (Gell. \-\\. 12), though this word seems 
 to have been frequently used as equivalent to dfi- 
 (pilMaxaXos. (Hesych. s. f. 'A>tiJ)ijua(7xaA.os.) [Chi- 
 
 RIDOTA.] 
 
 A x'TwV opBoaTa^LOS was one which was not fast- 
 ened round the body with a girdle (Pollux, \'ii. 
 48 ; Phot. Lex. p. 346. Pors.) : a x'Tciic o-toAiSw- 
 Toi seems to have had a kind of flounce at the 
 bottom. (Pollux vii. 54 ; Xenoph. Cyrop. vi. 4. 
 
 On the subject of the Greek Chiton in general, 
 see Miiller, Dorians, iv. 2. § 3, 4 ; Arch'doloyic dcr 
 Kunst, § 337. 339 ; Becker, Cliariklcs, ii. p. 309, 
 &c. 
 
 The Tunica of the Romans, like the Greek Chi- 
 ton, was a woollen under garment, over which the 
 Toga was worn. It was the Indumentum or In- 
 dntus, as opposed to the Amictus, the general term 
 for the toga, paUium, or any other outer gannent. 
 [Amictus.] The Romans are said to have had 
 no other clothing originally but the toga ; and 
 when the Tunic was first introduced, it was merely 
 a short garment without sleeves, and was caUed 
 Colohium. (Gell. vii. 12 ; Serv. ad Virg. Aen. ix. 
 616.) It was considered a mark of effeminacy for 
 men to wear Tunics with long sleeves (manicatae) 
 and reaching to the feet (tularcs). (Cic. Cat. ii. 
 
 10.) Julius Caesar, however, was accustomed to 
 wear one which had sleeves, with fringes at the 
 wrist {ad manus jimbriata. Suet. Jul. 45), and in 
 the later times of the empire, tunics with sleeves, 
 and reaching to the feet, became common. 
 
 The Tunic was girded {cineta) with a belt or 
 girdle around the waist, but was usually worn 
 loose, without being girded, when a person was at 
 home, or wished to be at his ease. (Hor. Sat. ii. 
 1. 73 ; Ovid, Am. i. 9. 41.) Hence we find the 
 terms cimius, pnmindus, and succinctus, applied, 
 like the Greek ei^avos, to an active and diligent 
 person, and disdnctus to one who was idle or disso- 
 lute. (Hor. Sat. i. 5. 6 ; ii. 6. 107 ; Epod. i. 34.) 
 
 The form of the Tunic, as worn by men, is re- 
 presented in many woodcuts in this work. In 
 works of art it usually terminates a little above the 
 knee ; it has short sleeves, covering only the up- 
 per part of the arm, and is girded at the waist (see 
 cuts, pp. 44. 647) : the sleeves sometimes, though 
 less frequent]}', extend to the hands (cuts, pp. 103. 
 122). 
 
 Both sexes usually wore two tunics, an outer 
 and an under, the latter of which was worn next 
 the skin, and corresponds to our shirt and che- 
 mise. Varro {ap. Non. xiv. 36) says, that when 
 the Romans began to wear two tunics, they called 
 them Subucula and Indusium, the fonner of which 
 Bottiger {Sabinu, ii. p. 113) supposes to be the 
 name of the under tunic of the men, and the latter 
 of that of the women. But it would appear from 
 another passage of Varro (L.L. v. 131. ed. Miiller) 
 referred to by Becker {Gallus ii. p. 89), as if Varro 
 had meant to give the name of Subiwida to the un- 
 der tunic, and that of Iiubisium or Intusium to the 
 outer, though the passage is not without difficulties. 
 It appears, however, that Subucula was chieflj' used 
 to designate the under tunic of men. (Suet. Auff. 
 82 ; Hor. Epiit. i. i. 95.) The word inter ula was 
 of later origin, and seems to have applied equally to 
 the under tunic of both sexes. (Apul. F/oriil. ii. p. 
 32 ; Metam. viii. p. 533, ed. Oud. ; Vopisc. Prob. 
 4.) The Supparus or Supimrum is said by FeS- 
 tus (s. V.) to have been a linen vest, and to have 
 been the same as the Subucula; but Varro (v. 131), 
 on the contrary, speaks of it as a kind of outer 
 garment, and contrasts it with Sidjucula, which he 
 derives from subtus, while Supparus he derives from 
 supra. The passage of Lucan (ii. 364) in which it 
 is mentioned does not enable us to decide whether 
 it was an outer or under gannent, but would rather 
 lead us to suppose that it was the former. Persons 
 sometimes wore several tunics, as a protection 
 against cold : Augustus wore four in the winter, 
 besides a Subucula. (Suet. Aug. 82.) 
 
 As the dress of a man usually consisted of an 
 under tunic, an outer tunic, and the toga, so that 
 of a woman, in like manner, consisted of an imder 
 tunic ( Tunica intima, GeUius, x. 1 5), an outer tu- 
 nic, and the paUa. The outer tunic of the Roman 
 matron was properly called Stola [Stola], and is 
 represented in the woodcut on p. 913 ; but the 
 annexed woodcut, which represents a Roman em- 
 press in the character of Concordia, or Abundantia, 
 gives a better idea of its form. (Visconti, Mo?m- 
 menti Gabini, n. 34 ; Bottiger, Sabina, tav. x.) 
 Over the Tunic or Stola the Palla is thrown in 
 many folds, but the shape of the former is still 
 distinctly shown. 
 
 The tunics of women were larger and longer than 
 those of men, and always had sleeves ; but in an- 
 
1016 TTPANNOS. 
 
 TT'PANNOS. 
 
 cient paintings and statues we seldom find the 
 sleeves covering more than the upper part of the 
 arm. An example of the contrary is seen in the 
 Micseo Borbonico, vol. vii. tav. 3. Sometimes the 
 tunics were adorned with golden ornaments called 
 Leria. (Festus, s. v. ; Gr. Arjpol, Hesych. Suid. s. v.) 
 
 Poor people, who could not afford to purchase a 
 toga, wore the tunic alone, whence we find the 
 connuon people called Tunicati. (Cic. in Rull. ii. 
 34 ; Hor. Ejnst. i. 7. 65.) Persons at work laid 
 aside the toga ; thus, in the woodcut on p. 647, a 
 man is represented ploughing in his tunic only. A 
 person who wore only his tunic was frequently 
 CLilled NuDUS. 
 
 Respecting the Clavris Latus and the Claws 
 Augustus, worn on the tunics of the Senators and 
 Equites respectively, see Clavus Latus, Clavus 
 Angitstus. 
 
 When a triumph was celebrated, the conqueror 
 wore, together with an embroidered toga {Toya 
 pkia), a flowered tunic ( Tunica palriiatu)^ also 
 called Tunica Jovis, because it was taken from the 
 temple of Jupiter Capitolinus. (Liv. x. 7 ; Mart, 
 vii.l; Juv. X. .38.) [Triumphus, p.1008.] Tunics 
 of this kind were sent as presents to foreign kings 
 by the senate. (Liv. xxx. 15 ; xxxi. 11.) 
 
 TT'PANNOS. In the heroic age all the govern- 
 ments in Greece were monarchical, the king uniting 
 in himself the functions of the priest, the judge, 
 and military chief. These were the Trarpi/cal Ra- 
 ciK^'tai of Thucydides. (i. 13.) In the first two 
 or three centuries following the Trojan war vari- 
 ous causes were at work, which led to the abolition, 
 or at least to the limitation, of the kingly power. 
 Emigrations, extinctions of families, disasters in 
 war, ci\al dissensions, may be reckoned among 
 these causes. Hereditary monarchies became elec- 
 tive ; the different functions of the king were dis- 
 tributed ; he was called apxw, K<i(7/xos, or irpiira- 
 Vis, instead of /SacriAeuy, and his character was 
 changed no less than his name. Noble and 
 wealthy families began to be considered on a foot- 
 ing of equality with royalty ; and thus in process 
 of time sprang up oligarchies or aristocracies, which 
 most of the govemments that succeeded the ancient 
 monarchies were in point of fact, though not as 
 yet called by such names. These oligarchies did 
 not possess the elements of social happiness or sta- 
 
 bility. The principal families contended with each 
 other for the greatest share of power, and were 
 only unanimous in disregarding the rights of those 
 whose station was beneath their own. The people, 
 oppressed by the privileged classes, began to regret > 
 the loss of their old paternal form of government ; * 
 and were ready to assist any one who would at- 
 tempt to restore it. Thus were opportunities 
 afforded to ambitious and designing men to raise 
 themselves, by starting up as the champions of 
 popular right. Discontented nobles were soon 
 found to prosecute schemes of this sort, and they 
 had a greater chance of success, if descended from 
 the ancient royal family. Pisistratus is an ex- 
 ample ; he was the more acceptable to the people 
 of Athens, as being a descendant of the family of 
 Codrus. (Herod, v. 65.) Thus in many cities 
 arose that species of monarchy which the Greeks 
 called TvgavvU, which meant only a despotism, or 
 irresponsible dominion of one man ; and which 
 frequently was nothing more than a revival of the 
 ancient government, and, though unaccompanied 
 with any recognized hereditary title, or the reve- 
 rence attached to old name and long prescription, 
 was hailed by the lower orders of people as a good 
 exchange, after suffering under the domination of 
 the oligarchy. AU tiirannies, however, were not 
 so acceptable to the majority ; and sometimes we 
 find the nobles concurring in the elevation of a 
 despot, to further their own interests. Thus the 
 Syracusan Gamori, who had been expelled by 
 the populace, on receiving the protection of Ge- 
 lon, sovereign of Gela and Camarina, enabled him 
 to take possession of Syracuse, and establish his 
 kingdom there. (Herod. \M. 154, 155.) Some- 
 times the conflicting parties in the state, by mu- 
 tual consent, chose some eminent man, in whom 
 they had confidence, to reconcile their dissensions ; 
 investing him with a sort of dictatorial power 
 for that purpose, either for a limited period or 
 otherwise. Such a person they called alavfii/i^Tiis. 
 ['AI2TMNH'TH2.] A similar authority was con- 
 ferred upon Solon, when Athens was torn by the 
 contending factions of the AioKpioi, neSioioi, and 
 ITapaAoi, and he was requested to act as mediator 
 between them. Solon was descended from Codrus, 
 and some of his friends wished him to assume the 
 sovereignty ; this he refused to do, but, taking the 
 constitutional title of Archon, framed his cerebrated 
 form of polity and code of laws. (Herod, i. 29 ; 
 Pint. Solon, c. 13, &c. ; Schiimann Antiq.jur. publ. 
 Gr. p. 173.) The legislative powers conferred 
 upon Draco, Zaleucus, and Charondas, were of a 
 similar kind, investing them with a temporary 
 dictatorship. 
 
 The Tvpavvos must be distinguished, on the one 
 hand, from the oiitu/xi'tjttjs, inasmuch as he was 
 not elected by general consent, but commonly owed 
 his elevation to some covp (fitat, some violent 
 movement or stratagem, such as the creation of a 
 bodv-guard for him by the people, or the seizure 
 of the citadel (Herod, i. 5!) ; Thucyd. i. 126) ; 
 and on the other hand, from the ancient king, 
 whose right depended, not on usurpation, but on 
 inheritance and traditionary acknowledgment. The 
 power of a king might be more absolute than that 
 of a t)/rant ; as Phidon of Argos is said to have 
 made the royal prerogative greater than it was 
 under his predecessors ; ^-et he was still regarded 
 as a king ; for the difference between the two 
 names depended on title and origin, and not on 
 
TTPANNOS. 
 
 TT'PANNOS. 
 
 1017 
 
 he manner in which the power was exercised. 
 Aristot. Polit. V. 8.) The name of tyrant was 
 riginally so far from denoting a person who abused 
 his power, or treated his subjects with cruelty, 
 that Pisistratus is praised by Thucydidcs (vi. Si) 
 for the moderation of his government ; and He- 
 rodotus says, he governed ovre Tinas raj iovaras 
 ffvi'Tapd^as, ovre deViUia /ueraAAafay, eiri' t6 Toicrt 
 KaTidTfwffi ivijxi T-fjv tt6Kiv Koafj-ewv kuXws re 
 Ka\ eu. (i. 59.) Therefore we find the words 
 0a<ri\evs and rvpavvos used promiscuously by tlie 
 Attic tragedians passim (see the Arymmnt of the 
 Oedipus Tyrannus) ; and even by prose authors. 
 Thus Herodotus calls the Lydian Candaules rv- 
 pavvos (i. 7), the kingdom of Macedonia rvpavvis 
 (viii. 137), and Periander of Corinth ^aaiAevs. 
 (iii. 52 ; compare v. 27. 92.) Afterwards, when 
 ti/rauts themselves had become odious, the name 
 also grew to be a word of reproach, just as reje 
 did among the Romans. ( Wachsmuth, Helleu. Alt. 
 I. i. 279—288 ; Thirlwall, Hist, of Greece, i. p. 
 401. 404.) 
 
 Ationg the early tyrants of Greece those most 
 wortly of mention are: Clisthenes of Sicyon, grand- 
 fathe: of the Athenian Clisthenes, in whose fa- 
 mily the government continued for a century 
 since its establishment by Orthagoras, about li. c. 
 072 (Herod, v. G7. 69) ; Cypselus of Corinth, 
 who expelled the Baccliiadae, B. c. G56, and his 
 son teriander, both remarkable for their cruelty ; 
 their dynasty lasted between seventy and eighty 
 years (Herod, v. 92) ; Procles of Epidaurus (He- 
 rod, ii . 50. 52) ; Pantaleon of Pisa, who celebra- 
 ted tic thirty-fourth Olympiad, depriving the 
 Eleans of the presidency (Pausan. vi. 21, 22) ; 
 Theagenes of Megara, father-in-law to Cylon the 
 Athenan (Tluicyd. i. 126) ; Pisistratus, whose 
 sons vere the last of the early tyrants on the 
 Greciai continent. In Sicily, where tyranny most 
 flourisled, the principal were Phalaris of Agri- 
 gentuii, who established his power in B. c. 5()'8, 
 concening whose supposed epistles Bentley wrote 
 his famaus treatise ; Theron of Agrigentum ; Ge- 
 lon, alriady mentioned, who, in conjunction with 
 Theron. defeated Amilcar the Carthaginian, on 
 the sane day on which the battle of Salamis was 
 fought ; and Hiero, his brother : the last three 
 celebratjd by Pindar. (See Herod, vii. 156. 165, 
 166.) In Grecian Italy we may mention Anaxi- 
 laus of Rhegium, who reigned B. c. 496 (Herod, 
 vi. 23. ni. 165) ; Clinias of Croton, who rose 
 after thi dissolution of the Pythagorean league ; 
 (as to vhich see Polybius ii. 39 ; Athenaeus xii. 
 p. 522. siv. p. 623 ; Thirlwall, Id. ii. p. 154.) 
 The folliwing also are worthy of notice : Poly- 
 crates oi Samos (Herod, iii. 39. 56. 120. 12.5 ; 
 Tlmcyd.i. 13) ; Lygdamis of Naxos (Herod, i. 
 (il. 64); Histiaeus and Aristagoras of Miletus. 
 (Herod. V. 137 ; v. 23. 30. 37 ; vi. 29.) Perhaps 
 the last mentioned can hardly be classed among 
 the Greei tyrants, as they were connected with the 
 Persian iionarchy. (Wachsmuth. Id. i. i. 274.) 
 
 The gneral characteristics of a tyranny were, 
 that it ws bound by no laws, and had no recog- 
 nized limiation to its authority, however it might 
 be restraiied in ■pradiee, by the good disposition of 
 the tyrant-ivax^Ai, or by fear, or by the spirit of the 
 age. It ws commonly most odious to the wealthy 
 and noble whom the tyrant looked upon with 
 jealousy as a check upon his power, and whom he 
 'il'tcn sougit to get rid of by sending them into 
 
 exile or putting them to death. The advice given 
 by Thrasybulus of Miletus to Periander affords an 
 apt illustration of this. (Herod, v. 92.) The tyrant 
 usually kept a body-guard of foreign mercenaries, 
 by aid of whom he controlled the people at home ; 
 but he seldom ventured to make war, for fear of 
 giving an opportunity to his subjects to revolt. 
 The Sicilian sovereigns form an exception to this 
 observation. (Thucyd. i. 17.) He was averse to a 
 large congregation of men in the town, and en- 
 deavoured to find rustic employments for the 
 populace ; but was not unwilling to indulge them 
 with shows and amusements. A few of the better 
 sort cultivated literature and the arts, adorned 
 their city with handsome buildings, and even 
 passed good laws. Thus, Pisistratus commenced 
 building the splendid temple of Jupiter Olympius, 
 laid out the garden of the Lyceum, collected the 
 Homeric poems, and is said to have written poetry 
 himself. Tribute was imposed on the people, to 
 raise a revenue for the tyrant, to pay his merce- 
 naries, and maintain his state. Pisistratus had the 
 tithe of land, which his sons reduced to the 
 twentieth. [TE'AOS.] 
 
 The causes which led to the decline of tyranny 
 among the Greeks were partly the degeneracy of 
 the tyrants themselves, corrupted by power, indo- 
 lence, flattery, and bad education ; for even where 
 the father set a good example, it was seldom fol- 
 lowed by the son ; partly the cruelties and excesses 
 of particular men, which brought them all into 
 disrepute ; and partly the growing spirit of inquiry 
 among the Greek people, who began to speculate 
 upon political theories, and soon became discon- 
 tented with a form of government, which had no- 
 thing in theory, and little in practice, to recommend 
 it. Few dynasties lasted beyond the third gene- 
 ration. Most of the tyrannies, which flourished 
 before the Persian war, are said to have been 
 overthrown by the exertions of Sparta, jealous 
 probably of any innovation upon the old Doric 
 constitution, especially of any tendency to amelio- 
 rate the condition of the Perioeci, and anxious to 
 extend her own influence over the states of Greece 
 by means of the benefits which she conferred. 
 (Thucyd. i. 18.) Upon the fall of tyranny, the 
 various republican forms of government were estab- 
 lished, the Dorian states generally favouring 
 oligarchy, the Ionian democracy. (Wachsmuth, i. i. 
 289 ; Schomann, Id. 84. 88—91.) 
 
 As we cannot in this article pursue any historical 
 narrative, we will shortly refer to the revival of 
 tyranny in some of the Grecian states after the end 
 of the Peloponnesian war. In Thessaly Jason of 
 Pherae raised himself, under the title of Ta7<)5, b. c. 
 374, to the virtual sovereignty of his native city, 
 and exercised a most extensive sway over most of 
 the Thessalian states, but this power ceased with 
 Lycophron, b. c. 353. [TArO'2.] In Sicily, the 
 corruption of the Syracusans, their intestine dis- 
 cords, and the fear of the Carthaginian invaders, 
 led to the appointment of Dionysius to the chief 
 military command, with unlimited powers ; by 
 means of which he raised himself to the tlirone, 
 B. c. 406, and reigned for 38 years, leaving his son 
 to succeed him. The younger Dionysius, far in- 
 ferior in every respect to his father, was expelled 
 by Dion, afterwards regained the throne, and was 
 again expelled by Timoleon, who restored liberty 
 to the various states of Sicily. (For their history 
 the reader is referred to Xenoph. Hull. ii. 2. § 24 ; 
 
1018 
 
 TURRIS. 
 
 Diodor. xiv. 7. 46. 66. 72. 109 ; xv. 73, 74 ; xvi. 
 5. 16. 36. 68, 69, &c. ; Plut. Dion.ani Timol. ; 
 M^achsmuth, i. ii. 316—3-26.) With respect to 
 the dynasty of the Archaenactidae in the Cim- 
 merian Bosporus, and some of the towns on the 
 coast of the Euxine, see Wachsmuth, i. ii. 329. 
 Lastly, we may notice Evagoras of Cyprus, who is 
 panegyrized by Isocratcs ; Plutarch of Eretria, 
 CaUias and Taurosthenes of Chalcis, who were 
 partisans of Philip against the Athenians. (Plut. 
 PhAjc. 12 ; Isocr. Evay. ; Wachsmuth, i. ii. 330.) 
 The persons commonly railed tlie thirty tyrants at 
 Athens do not fall within the scope of the present 
 subject. With respect to the Athenian laws 
 against tyranrnj, and the general feelings of the 
 people, see nPOAOSl'A. [C. R. K.] 
 
 TTPANNI'AOS rPA*H'. [nPOAOai'A.] 
 TURrBULUM (du/xioTTjpiof), a censer. The 
 Greeks and Romans, when they sacrificed, com- 
 monly took a little frankincense out of the Acerra 
 and let it fall upon the flaming altar. [Ara.] More 
 rarely they used a censer, by means of which they 
 bunit the incense in greater profusion, and which 
 was in fact a small moveable grate or FocuLus. 
 (Aelian, F. //^, xii. 51.) The annexed woodcut, 
 taken from an ancient painting, shows the per- 
 formance of both of these acts at the same time. 
 Winckelmann {Mon. Iiicd. 177) supposes it to re- 
 present Livia, the wife, and Octavia, the sister of 
 Augustus, sacrificing to Mars in gratitude for his 
 safe return from Spain. (Hor. Carm. iii. 14. 5.) 
 The censer here represented has two handles for 
 the purpose of carrying it from place to place, and 
 it stands upon feet so that the air might be ad- 
 mitted underneath, and pass upwards through the 
 fuel. 
 
 As the censer was destined for the worship of 
 the gods, it was often made of gold or silver (^Ep. 
 ad Heb. ix. 4 ; Thucyd. vi. 46) and enriched with 
 stones and gems. (Herod, iv. 162; Cic. Vcrr. ii. 
 iv. 21 — 24.) We find a silver censer in the offi- 
 cial enumerations of the treasures presented to the 
 Parthenon at Athens : its bars (Siepe/cr/iaTci) were 
 of bronze. (Bcickh, Corp. Inscrip. i. p. 198. 235. 
 238.) [J. Y.) 
 
 TURMA. [Army (Roman), p. 95.] 
 TURRIS {-nvpyos), a tower. The word rvpait, 
 from which comes the Latin ter;7s, signified according 
 to Dionysius (i. 26) any strong building surrounded 
 by walls ; and it was from the fact of the Pelasgians 
 in Italy dwelling in such places that the same 
 writer supposes them to have been called Tyrse- 
 nians or Tyrrhenians, that is, the inhabitiints of 
 towns or castles. Turris in the old Latin language 
 seems to have been equivalent to urljs. (Polyb. 
 xxvi. 4 ; Gottling, 6W«. d. K6m. Staatsv. p. 17.) 
 
 TURRIS. 
 
 The use of towers by the Greeks and Romans was 
 various. 
 
 1. Stationary Towers. 1. Buildings of this form are 
 frequently mentioned by ancient authors, as form- 
 ing by themselves places of residence and defence. 
 This use of towers was very common in Africa. 
 (Diod. Sic. iii. 49; Itin. Ant. p. 34, 35, with 
 Wesseling's notes.) We have examples in 
 the tower of Hannibal on his estate between 
 AchoUa and Thapsus (Liv. xxxiii. 48), the turris 
 rrijia of Jugurtha (SaUust, Juy. 103), the tower of 
 a private citizen without the walls of Carthage, by 
 the help of which Scipio took the city (Appian, 
 Pun. 117) ; and in Spain, the tower in which On. 
 Scipio was burnt. (Appian, ///.^j. 16.) Such 
 towers were common in the frontier provinces of 
 the Roman empire. (Ammian. Marcell. xxviiu 2.) 
 
 2. They were erected within cities, partly to 
 fonn a last retreat in case the city should be taken, 
 and partly to overawe the inhabitants. In almost 
 all Greek cities, which were usually built upon a 
 hill, rock, or some natural elevation, there -vas a 
 kind of tower, a castle, or a citadel, built upon the 
 highest part of the rock or hill, to which the name 
 o{ Acropolis was given. Thus we read of an Acro- 
 polis at Athens, Corinth, Argos, Messenc and 
 many other places. The Capitolium at Rome an- 
 swered the same purpose as the Acropolis in the 
 Greek cities ; and of the same kind were the tower 
 of Agathocles at Utica (Appian, Putt. 14], and 
 that of Antonia at Jerusalem. (Joseph. DelL Jud. 
 V. 5. §. 8; Ad.Apostol. xxi. 31.) 
 
 3. The fortifications both of cities and camps 
 were strengthened by towers, which were placed 
 at intervals on the murus of the former aid the 
 vallum of the latter ; and a similar use wa; made 
 of them in the lines (circumvallatio) drawi round 
 a besieged town. [Vallum.] They weie gene- 
 rally used at the gates of towns and of stative 
 camps. [Porta.] The use of temporary towers 
 on walls to repel an attack will be noticed below. 
 
 II. Moveable Totcers. These were anwng the 
 most important engines used in storming afortified 
 place. They were of two kinds. Sone were 
 made so that they could be taken to pi(ces and 
 carried to the scene of operation : these wee called 
 folding towers (Trvp-yoi tttvktoiot iirTvyneuii, turres 
 plii'utiles, or portable towers, (popTtrol irvpyii). The 
 other sort were constructed on wheels, so as to be 
 driven up to the walls ; and hence they w<re called 
 turres ambulatoriae or subrotalae. But tie turres 
 pliaitiles were generally made with wheeL, so that 
 they were also ambulatoriae. 
 
 The first invention or improvement of such 
 towers is ascribed by Athenaeus the mehanician 
 (quoted by Lipsius, Oper. iii. p. 297), to tie Greeks 
 of Sicily in the time of Dionysius I. (i. c. 405.) 
 Diodonis (xiv. 51) mentions towers on Afhcels as 
 used by Dionysius at the siege of Maya. He 
 had before (xiii. 54) mentioned towers is used at 
 the siege of Selinus (b. c. 409), but he does not 
 say that thej' were on wheels. Accordin; to others 
 they were invented by the engineers in he service 
 of Philip and Alexander, the most famois of whom 
 were Polyidus, a Thessalian, who assistel Philip at 
 the siege of Byzantium, and his \m\yi\ Chaereas 
 and Diades. (Vitruv. x. 19. s. 13.) Hcon (c. 13) 
 ascribes their invention to Diades anc Chaereas, 
 Vitruvius {I.e.) to Diades alone, and Athenaeus 
 (/. c.) says that they were improved inthe time of 
 Philip at the siege of Byzantium. Vituvius states 
 
TURRIS. 
 
 TUTOR. 
 
 1019 
 
 hat the towers of Diades were carried about by 
 he army in separate pieces. 
 
 Appian mentions the turres plicaiiles {Bell. Civ. 
 :. 36, 37), and states that at the siege of Rhodes 
 Jassius took such towers with him in his ships, 
 ind had them set up on the spot. {Id. iv. 72.) 
 
 Besides the frequent allusions in ancient writers 
 to the moveable towers (turres 'mobiles, Liv. xxi. 
 11), we have particular descriptions of them by 
 V'itruvius (x. 19. or 13), and Vegetius (iv. 17). 
 
 They were generally made of beams and planks, 
 and covered, at least on the three sides which were 
 ejqjosed to the besieged, with iron, not only for 
 protection, but also, according to Josephus, to in- 
 crease their weight and thus make them steadier. 
 They were also covered with raw hides and quilts, 
 moistened, and sometimes with alum, to protect 
 them from fire. The use of alum for this purpose 
 appears to have originated with Sulla at the siege 
 of Athens. (Amm. Marc. xx. and Claud. Quadrig. 
 up. Lips. p. 300.) Their height was such as to 
 overtop the walls, towers, and all other fortifica- 
 tions of the besieged place. (Liv. xxi. 1 1.) Vitru- 
 vius (/. c), following Diades, mentions two sizes 
 of towers. The smallest ought not, he says, to be 
 less than 60 cubits high, 17 wide, and one-fifth 
 smaller at the top ; and the greater 120 cubits high 
 and 234 \vidc. Heron (c. 13), who also follows 
 Diades, agrees with Vitruvius so far, but adds an 
 intermediate size, half-way between the two, 90 
 cubits high. Vegetius mentions towers of 30, 40, 
 and 50 t;et square. They were divided into sto- 
 ries {labiJaia or iecla), and hence they are called 
 turres co?.tabulatue. (Liv. xxi. 34.) Towers of 
 the three sizes just mentioned consisted respec- 
 tively of 10, 1 .5, and 20 stories. The stories de- 
 creased in heighth from the bottom to the top. 
 Diades ard Chaereas, according to Heron, made 
 the lowest story 7 cubits and 12 digits, those about 
 the middh 5 cubits, and the upper 4 cubits and 
 one-third. 
 
 The sides of the towers were pierced with win- 
 dows, of which there were several to each story. 
 
 These riles were not strictly adhered to in prac- 
 tice. Towers were made of 6 stories, and even 
 fewer. (Diod. xiv. 51.) Those of 10 stories were 
 very common (Hut. DM. Gall. viii. 41 ; Sil. Ital. 
 xiv. 300), 3ut towers of 20 stories are hardly, if 
 ever, menti)ned. Plutarch (Luciill. 10) speaks of 
 one of 100 cubits high used by Mithridates at the 
 siege of Cyzicus. The use of the stories was to 
 receive the engines of war (tormcnta). They con- 
 tained balistae and catapults, and sUngers and 
 archers were stationed in them and on the tops of 
 the towers. (Liv. xxi. 11.) In the lowest story 
 was a battering-ram [Aries] ; and in the middle 
 one or more bridges {pontes) made of beams and 
 planks, and protected at the sides by hurdles. 
 Scaling-ladders {scalae) were also carried in the 
 towers, and when the missiles had cleared the 
 walls, these bridges and ladders enabled the be- 
 siegers to ru^ upon them. 
 
 These tow;rs were placed upon wheels (gene- 
 rally 6 or 8), '.hat they might be brought up to the 
 walls. These wheels were placed for security in- 
 side of the tover. 
 
 The tower was built so far from the besieged 
 place as to be out of the enemy's reach, and then 
 pushed up to tlie walls by men stationed inside of 
 and behind it. (Caesar, h. G. ii. 30, 31 ; Q. Curt, 
 viii. 10.) The attempt to draw them forward by 
 
 beasts of burthen was sometimes made, but was 
 easily defeated by shooting the beasts. (Procop. 
 Goth. i. ap. Lips. p. 298.) They were generally 
 brought up upon the Aggeii (Hirtius, I. c), and it 
 not unfrequently happened that a tower stuck fast 
 or fell over on account of the softness of the agger. 
 (Liv. xxxii. 17 ; Q. Curt. iv. 6. § 9.) They were 
 placed on the agger before it was completed, to 
 protect the soldiers in working at it. (Sail. Jmjurth. 
 76 ; Caesar, D. G. vii. 22.) When the tower was 
 brought up to the walls without an (Kjger, the 
 ground was levelled before it by means of the 
 
 MUSCULUS. 
 
 These towers were accounted most formidable 
 engines of attack. They were opposed in the fol- 
 lowing ways. 
 
 1. They were set on fire, either by sallies of the 
 besieged, or by missiles carrying burning matter, 
 or by letting men down from the walls by ropes, 
 close to the towers, while the besiegers slept. 
 (Veget. iv. 18 ; Sil. Ital. xiv. 305.) 
 
 2. By undermining the ground over which the 
 tower had to pass, so as to overset it. (Veget. iv. 20.) 
 
 3. By pushing it off by main force by iron-shod 
 beams, assercs or trabes. (Veget. I.e.) 
 
 4. By breaking or overturning it with stones 
 thrown from catapults, when it was at a distance, 
 or, when it came close to the wall, by striking it 
 with an iron-shod beam hung from a mast on the 
 wall, and thus resembling an Aries. 
 
 5. By increasing the height of the wall; first 
 with masonry, and afterwards with beams and 
 planks, and also by the erection of temporary 
 wooden towers on the walls. (Caesar, B. G. vii. 
 22; Veget. iv. 19.) This mode of defence was 
 answered by the besiegers in two ways. Either 
 the agger on which the tower stood was raised, as 
 by Caesar at the siege of Avaricum {B. G. I. c), or 
 a smaller tower was constructed within the upper 
 part of the tower, and when completed was raised 
 by screws and ropes. (Veget. /. c.) On these 
 towers in general see Lipsius, Poliorcet. in Oper. 
 iii. 296. 356. 
 
 III. Caesar {B. C. ii. 8 — 9) describes a peculiar 
 sort of tower, which was invented at the siege of 
 Massilia, and called turrix latericia, or lalercuhim. 
 It partook somewhat of the character both of a 
 fixed and of a besieging tower. It was built of 
 masonry near the walls of the town to afford the 
 besiegers a retreat from the sudden sallies of the 
 enemy ; the builders were protected by a movea- 
 ble cover; and the tower was pierced with win- 
 dows for shooting out missiles. 
 
 IV. Towers in every respect similar to the turres 
 amhulaloriae (excepting of course the wheels) were 
 constructed on ships, for the attack of fortified 
 places by sea. (Ammian. xxi. 12 ; Liv. xxiv. 34 ; 
 Appian, Mith. 73; Bell. Cii: v. 106.) 
 
 V. Small towers carrying a few armed men 
 were placed on the back of elephants used in bat- 
 tle. (Liv. xxxrii. 40.^ 
 
 VI. The words trvpyos and turris are applied to 
 an army drawn up in a deep oblong column. (GeU. 
 X. 9 ; Cato, de Re Milit. ap. Fest. s. v. Serra 
 proeliari, p. 344. Muller; Eustiith. ad Horn. II. xii. 
 43; Army (Greek), p. 92.) [P. S.] 
 
 TUTE'LA. [Tutor.] 
 
 TUTE'LAE ACTIO. [Tutor, p. 1021, 1022.] 
 TUTOR. The difference between a Tutor and 
 
 Tutela, and Curator and Curatela is explained in 
 
 the article Cur.AlTOR. 
 
1020 
 
 TUTOR. 
 
 A Tutor derived his name a "tuendo" from pro- 
 tecting another {quasi Tuitor). His power and 
 office were "Tutela," which is thus defined by 
 Servius Sulpicius (Dig. 26. tit. 1. s. 1) : "Tutela 
 est vis ac potestas in capite libero ad tuendum eum 
 qui propter aetatem suam {sua ) sponte se defendere 
 nequit jure civili data ac pennissa." After the 
 word "suara" it has been suggested by lludorff 
 that something like what follows has been omitted 
 by the copyists : " eamve quae propter sexum," a 
 conjecture which seems very probable. The word 
 Tutela implies of course the existence of an object, 
 and hence tutela expresses both the status of the 
 Tutor and that of the person who was In Tutela. 
 
 As to the classification of the different kinds 
 {genera) of Tutela, the jurists differed. Some 
 made five genera, as Quintus Mucins ; others three, 
 as Servius Sulpicius ; and others two, as Labeo. 
 The most convenient division is into two genera, 
 the tutela of Impuberbs {pupilli, pupUlae), and 
 the tutela of Women. 
 
 Every paterfamilias had power to appoint by 
 testament a Tutor for his children who were in his 
 power : if they were males, only in case they were 
 Impuberes ; if they were females, also in case they 
 were marriageable {nuhiles), that is above twelve 
 years of age. Therefore if a tutor was appointed 
 for a male, he was released from the Tutela on at- 
 taining puberty (fourteen years of age), but the 
 female still continued in tutela, unless she was re- 
 leased from it by the Jus Liberorum under the 
 Lex Julia et Papia Poppaea. A man could only 
 appoint a Tutor for his grandchildren, in case they 
 would not upon his death come into the power of 
 their father. A father could appoint a tutor for 
 Postumi, provided they would have been in his 
 power, if they had been boni in his life-time. A 
 man could appoint a tutor for his wife in manu, 
 and for his daughter-in-law {inirtis) who was in 
 the manus of his son. The usual fonn of appoint- 
 ing a Tutor was this : " Lucium Titium Liberis 
 meis tutorem do." A man coidd also give his wife 
 in manu the power of choosing a tutor {tuturui 
 opiio) ; and the optio might be either plena or 
 angusta. She who had the plena optio might 
 choose (and consequently change) her tutor any 
 number of times : she who had the angusta optio 
 was limited in her choice to the number of times 
 which the testator had fixed. [Testamentum.] 
 
 The power to appoint a tutor by will was either 
 given or confiiTned by the Twelve Tables. The 
 earliest instance recorded of a testamentary Tutor is 
 tliat of Tarquinius Priscus being appointed by the 
 will of Ancus (Liv. i. 34), which may be taken to 
 prove this much at least, that the power of ap- 
 pointing a tutor by will was considered by the 
 Romans as one of their oldest legal institutions. 
 The nearest kinsmen were usually appointed Tu- 
 tores, and if a testator passed over such, it was a 
 reflection on their character {C'\c. pro P. Seaiio, 52), 
 that is, we must suppose, if the testator himself 
 was a man in good repute. Persons named and 
 appointed Tutores by a will were Tutores Dativi : 
 those who were chosen under the power given by a 
 will were Tutores Optivi. (Gaius, i. 154.) 
 
 If the testator appointed no tutor by his will, 
 the tutela was given by the Twelve Tables to the 
 nearest Agnati, and such Tutores were called Legi- 
 timi. The nearest Agnati were also the heredes in 
 case of the inmiediate heredes of the Testator dying I 
 intestate and without issue, and the tutela was \ 
 
 TUTOR. 
 
 therefore a right which they claimed as well as a 
 duty imposed on them. Persius (ii. 12) alludes to 
 the claim of the Tutor as heres to his pupillus. A 
 son who was pubes, was the legitimus tutor of a 
 son who was impubes; and if there was no son 
 who was pubes, the son who was impubes had his 
 father's brother {p/atruus) for his tutor. The same 
 rule applied to females also, till it was altered by 
 a Lex Claudia. If there were several agnati in 
 the same degree, they were all tutores. If there 
 were no Agnati, the tutela belonged to the Gen- 
 tries, so long as the Jus GentUicium was in force. 
 (Compare Gaius, iii. 17, and i. 164.) The tutela 
 in which a freedman was with respect to his Pa- 
 troims was also Legitima ; not that it was express- 
 ly given by the words {lear) of the Twelve Tables, 
 but it flowed from the lex as a consequence {per 
 conseqmntiam, Ulp. Fray. tit. 11); for as the he- 
 reditates of intestate liberti and libertae belonged 
 to the patronus, it was assumed that the tutela be- 
 longed to him also, since the Twelve Tables allowed 
 the same persons to be tutors in the case of an 
 ingenuus, to whom they gave the hereditas in case 
 there was no suns heres. (Gaius, i. 165.) 
 
 If a free person had been raancipated to another 
 either by the parent or coemptionator, and such 
 other person manumitted the free person, he be- 
 came his tutor fiduciarius by analogy to the case of 
 freedman and patron. (Compare Gaius, i. 1C6 with 
 Ulp. Frag. tit. 1 1. s. 5.) [Emancipatio ; Fiducia.] 
 If an impubes had neither a tutor Dativus nor 
 Legitimus, he had one given to him, in Home, un- 
 der the provisions of the Lex Atilia by tie Praetor 
 Urbanus and the major part of the Tribuiii Plebis ; 
 in the provinces in such cases a tutor Wiis appoint- 
 ed by the Praesides under the provisions of the 
 Lex Julia et Titia. [Julia Lex et TiHA.] If a 
 tutor was appointed by testament either sub condi- 
 cione or ex die certo, a tutor might be given under 
 these Leges so long as the condition had not taken 
 effect or the day had not arrived : and <ven when 
 a tutor had been appointed absolutely ( pure), a 
 tutor might be given under these Leges so long as 
 there was no heres ; but the power of such tutor 
 ceased as soon as there was a tutor unler the tes- 
 tament, that is, as soon as there was a heres to 
 take the hereditas. If a tutor was ciptured by 
 the enemy, a tutor was also given under these 
 Leges, but such tutor ceased to be tuto:, as soon as 
 the original tutor returned from capti^'ity, for he 
 recovered his tutela Jure Postliminii. 
 
 Before the passing of the Lex Atilia tutors were 
 given by the praetor in other cases, as for instance, 
 when the legis actiones were in use, the Praetor 
 appointed a tutor if there was any action between 
 a tutor and a woman or ward, for tlu tutor could 
 not give the necessary authority {imcioritas) to 
 the acts of those whose tutor he w,af, in a matter 
 in which his own interest was concerned. Other 
 cases in which a tutor was given are iientioned by 
 Ulpian, Frag. tit. 11. 
 
 Ulpian's division of Tutores is into Legitimi, 
 Senatusconsultis constituti, Moribis introducti. 
 His legitimi tutores comprehend all those who be- 
 come tutores by virtue of any Lex, and specially 
 by the Twelve Tables : accordingly it comprises 
 tutores in the case of intestacy, tutires appointed 
 by testament, for they were conirmed by the 
 Twelve Tables, and tutores appointed under any 
 other Lex as the Atilia. Variois Senatuscon- 
 sulta declared in what cases a tuta might be ap- 
 
TUTOR. 
 
 TUTOR. 
 
 1021 
 
 ointed ; thus the Lex Julia de maritandis ordi- 
 ibus (Papia et Poppaea) enacted that the Praetor 
 hould appoint a tutor for a woman or a virgin, 
 "ho was required to niarrj' by this law, "ad dotem 
 andam, diccndam, promittendamve," if her Legi- 
 'mus tutor was himself a Pupillus : a Senatuscon- 
 oltum extended the provision to the provinces, and 
 nacted that in such case the praesides should ap- 
 oint a tutor ; and also that if a tutor was mutus 
 r furiosus, another should be appointed for the 
 "rposes of the Lex. The case above mentioned 
 f a tutor being given in the case of an action be- 
 ween a tutor and his ward, is a case of a tutor 
 'Moribus datus. In the Imperial period from the 
 time of Claudius tutores extra ordinem were ap- 
 pointed by the consuls also. 
 
 Only those could be Tutores who were sui juris, 
 a rule which excluded women, among other persons. 
 A person could not be named Tutor in a Testa- 
 ment, unless he had the Testamentifactio with the 
 Testator, a rule which excluded such persons as 
 Peregrini. The Latini Juniani were excluded 
 by the Lex Junia. (Gains, i. 23.) Many persons 
 who were competent to be Tutores, might excuse 
 themselves from taking the office: these gromids, 
 of excuse (eiccusaiiones) were, among others, age, 
 absence, the being already Tutor in other cases, 
 the holding of particular offices and other grounds 
 which are eniunerated in the Fragments Vaticana 
 (123—247). 
 
 The power of the Tutor was over the property, 
 not the person of the Pupillus, and the passage of 
 the Twelve Tables which gives or confirms to a 
 testator the power of disposing of his property, 
 uses the phrase, Uti legassit super pecunia tutelave 
 suae rei, that is the Tutela of the property. It 
 might happen that the Tutores from their nearness 
 of blood and other causes might have the guardian- 
 ship of the Impubes ; but then the protection of 
 the property of the Impubes was the special office 
 of the Tutor, and the care of the infant belonged 
 to the mother, if she survived {custodia matrum, 
 Hor. Ep. i. 1. 22.) In a case mentioned by Livy 
 (iv. 9), where the mother and the Tutores could 
 not agree about the marriage of the mother's 
 daughter, the magistratus decided in favour of the 
 mother's power (secimdum parentis arhitrium). 
 
 A pupillus could do no act by which he dimi- 
 nished his property, but anj' act to which he was 
 a party was valid, so far as concerned the pupillus, 
 if it was for his advantage. Consequently a 
 pupillus could contract obligationes, which were for 
 his advantage, without his Tutor. (Gaius, iii. 107.) 
 The Tutor's office was " negotia gerere et auctori- 
 tatem interponere." (Ulp. Frarj. tit. 11. s. 2,5.) 
 The Ncgotiorum Gestio in which the Tutor acted 
 alone took place when the Pupillus was an Infans, 
 or absent, or Furiosus : it was his duty to presen-e 
 and improve the property and to do all necessary 
 acts for that purpose. When the Pupillus was no 
 longer Infans, he could do various acts with the 
 Auctoritas of his Tutor : the auctoritas was the 
 consent of the Tutor to the act of the Pupillus, 
 which was necessarj' in order to render it a legal 
 act. Thus it was a rule of law that neither a wo- 
 man nor a pupillus could alienate a Res mancipi 
 without the auctoritas of a Tutor : a woman could 
 alienate a Res nec mancipi without such consent, 
 but a pupillus could not. (Gaius, ii. 80.) The 
 incapacity of the pupillus is best shown by the fol- 
 lowing instance : if his debtor paid a debt to the 
 
 pupillus, the money became the property of the 
 pupillus, but the debtor was not released, because 
 a pupillus could not release any duty that was due 
 to himself without the auctoritas of his Tutor, for 
 he could alienate notliing without such auctoritas, 
 and to release his debtor was equivalent to parting 
 witli a right. Still if the money really became a 
 part of the property of the pupillus, or, as it was 
 expressed according to the phraseology of the Ro- 
 man Law, si ex ea pecunia locuplctior /actus sit, 
 and he afterwards sued for it, the debtor might 
 answer his demand by an Exceptio doli mali. 
 (Gaius, ii. 84 ; Cic. Top. 11.) The subject of the 
 incapacity of Impuberes and the consequent ne- 
 cessity of the auctoritas of a Tutor is further ex- 
 plained in the articles Impubes and Infans. 
 
 The tutela was terminated by the death or 
 capitis deminutio maxima and media of the Tutor. 
 The case of a Tutor being taken prisoner by the 
 enemy has been stated. (Gaius, i. 187.) A legi- 
 timus Tutor became disqualified to be Tutor 
 legitimus if he sustained a capitis deminutio 
 minima, which was the case if he allowed himself 
 to be adopted (Gaius, i. 195 ; Ulp. Frar/. tit. 11. 
 s. 13) ; but this was not the case with a testa- 
 mentary Tutor. The tutela ceased by the death of 
 the pupillus or pupilla, or by a capitis deminutio, 
 as for instance the pupilla coming in manum viri. 
 It also ceased when the pupillus or pupilla attained 
 the age of Puberty, which in the male sex was 
 fourteen and in the female was twelve. [Impubes.] 
 The tutela ceased by the abdicatio of the testa- 
 mentary Tutor, that is, when he declared " nolle 
 se tutorem esse." Tlie Tutor legitimus could not 
 get rid of the Tutela in this manner, but he could 
 effect it by In jure cessio, a privilege which the 
 Testamentar}' tutor had not. The person to whom 
 the tutela was thus transferred was called Cessicius 
 Tutor. If the Cessicius Tutor died, or sustained a 
 Capitis deminutio, or transferred the tutela to 
 another by the In jure cessio, the tutela reverted 
 to the legitimus tutor. If the legitimus tutor died, 
 or sustained a capitis deminutio, the cessicia be- 
 came extinguished. Ulpian adds {Fray. tit. xi. 
 s. 8) : " as to what concerns adgnati, there is now 
 no cessicia tutela, for it was only permitted to 
 transfer by the In jure cessio the tutela of females, 
 and the legitima tutela of females was done away 
 with by a Lex Claudia, except the tutela patro- 
 norum." The power of the legitimus tutor to 
 transfer the tutela, is explained when we consider 
 what was his relation to the female. [Testa- 
 
 MENTUM.] 
 
 The tutela of a tutor was terminated, when he 
 was removed from the tutela as susjiectus, or when 
 his excusatio was allowed to be justa ; but in both 
 of these cases, a new tutor would be necessary. 
 (Gaius, i. 182.) 
 
 The tutor, as already observed, might be re- 
 moved from his office, if he was misconducting 
 himself: this was effected by the Accusatio sus- 
 pecti, which is mentioned in the Twelve Tables. 
 (Gaius, i. 1 82 ; Dirksen, Ucbersicht, ^c. der Zwulf 
 Tafeln. 599—604.) 
 
 The Twelve Tables also gave the pupQlus an 
 action against the Tutor in respect of any mis- 
 management of his property, and if he made 
 out his case, he was entitled to double the amount 
 of the injury done to his property. This ap- 
 pears to be the action which in the Pandect is 
 called Rationibus distrahendis, for the settlement 
 
1022 
 
 TUTOR. 
 
 TUTOR. 
 
 of all accounts between the Tutor and his Pupillus. 
 There was also the Judicium tutelae, which com- 
 prehended the Actio tutelae directa and Contraria, 
 and like the Actio distrahendis rationibus could 
 only be brought when the Tutela was ended. 
 The Actio tutelae directa was for a gemeral account 
 of the property managed by the Tutor, and for its 
 delivery to the pupillus now become Pubes. The 
 tutor was answerable not only for loss through 
 dolus malus, but for loss occasioned by want of 
 proper care. This was an action Bonae fidei 
 and consequently In incertum (Gains, iv. 62). 
 If the tutor was condemned in such a judicium, 
 the consequence was Infamia. [Infamia.] The 
 tutor was intitled to aU proper allowances in re- 
 spect of what he had expended or done dmnng his 
 management of the property of the pupillus. The 
 Tutor had tlie Actio tutelae contraria against the 
 pupillus for all his proper costs and expenses ; and 
 he might have also a Calumniae judicium, in case 
 he could show that the pupillus had brought an 
 action against him from malicious motives. 
 
 In order to secure the proper management of the 
 property of a pupillus or of a person wlio was In 
 curatione, the Praetor required the Tutor or Cura- 
 tor to give security ; but no security was required 
 from Testamentary Tutores, because they had been 
 selected by the testator ; nor, generally, from Cu- 
 ratores appointed by a Consul, Praetor or Praeses, 
 for they were appointed as being fit persons. (Gains, 
 i. 199.) 
 
 The Tutela of women, who are puberes, requires 
 a separate consideration, in which it will not be 
 possible to avoid some little repetition. 
 
 It was an old rule of Roman Law that a woman 
 could do nothing " sine auctore," that is without a 
 tutor to give to her acts a complete legal character. 
 (Liv. xxxiv. 2.) The reasons for this rule are 
 given by Cicero (pro iMureiia, c. 12), by Ulpian 
 {Frm/. tit. 11. s. 1) and by Ciaius (i. 190); but 
 Gaius considers the usual reasons as to the nile 
 being founded on the inferiority of the sex, as un- 
 satisfactory ; for women who are puberes (perficiae 
 aetatis) manage their o^vn affairs, and in some cases 
 a tutor must interpose his auctoritas {dicis causa), 
 and frequently he is compelled to give his auctoritas 
 by the Praetor. (Gaius, i. 190.) Ulpian also ob- 
 serves {Frag. tit. 11. s. 25): "in the case of pu- 
 pilli and pupillae, tutores both manage their affairs 
 and give their auctoritas {et net/otia gerunt et aucfo- 
 rilatem inUrponunt) ; but the tutores of women 
 (muUeres, that is women, who are puberes) only 
 give their auctoritas." There were other cases also 
 in which the capacity of a Mulier was greater than 
 that of a Pupillus or Pupilla. The object of this 
 rule seems to have been the same as the restriction 
 on the Testamentary power of women, for her 
 Agnati who were a woman's Legitimi Tutores 
 were interested in preventing the alienation of her 
 property. 
 
 A Mulier might have a Tutor appointed by her 
 father's Testament ; or by the Testament of her 
 husband in whose hand she was. She might also 
 receive from her husband's will the Tutoris Optio. 
 Women who had no testamentary Tutor, were 
 in the tutela of their Agnati, until this rule of 
 law was repealed by a Lex Claudia, which Gaius 
 (i. 157) illustrates as follows: "a masculus 
 irapubes has his frater pubes or his patruus 
 for his tutor; but women {/aemime) cannot 
 have such a tutor." This old tutela of the I 
 
 Twelve Tables {Icgitima tutela) and that of manu- 
 missores {patronorum tutela) could be transferred 
 by the In jure cessio, while that of pupilli could 
 not, " being," as Gaius observes, " not onerous, 
 for it terminated with the period of puberty." 
 But, as already suggested, there were other reasons 
 why the Agnati could part with the tutela, which 
 in the case of Patroni are obvious. The tutela of 
 Patroni was not included within the Lex Claudia. 
 The Tutela fiduciaria was apparently a device of 
 the lawyers for releasing a woman from the tutela 
 legitima (Cic. pro Murena, c. 12) ; though it seems 
 to have been retained, after the passing of the Lex 
 Claudia, as a general mode by which a woman 
 changed her Tutor. (Gaius, i. 115.) To effect 
 this, the woman made a "coemptio fiduciae causa;" 
 she was then remancipated by the coemptionator 
 to some person of her own choice : this person 
 manmnitted her Vindicta, and thus became her 
 Tutor fiduciarius. Thus the woman passed from 
 her own familia to another, and her Agnati lost aU 
 claims upon her property, and her Tutor fiduciarius 
 might be compelled by the Praetor to give his 
 auctoritas to her acts. (Gaius, i. 190; ii. 122.) 
 
 A tutor dativus was given to women under the 
 Lex Atilia, when there was no tutor ; and in other 
 cases which have been already mentioned. (Gaius, 
 i. 1 7 3, &c. ; Ulp. Frag. tit. 1 1 .) The Vestal Virgins 
 were exempt from all tutela ; and both Ingenuae 
 and Libertinae were exempted from tutela by the 
 Jus Liberorum. (Gaius, i. 145. 194.) The tutela 
 of faeminae was determined by the death of the 
 Tutor, or that of the woman ; and by her acquiring 
 the Jus Liberorum, either by bearing children, or 
 from the Imperial favour. The abdicatio of the 
 Tutor, and the In jure cessio (so long as the In jure 
 cessio was in use) merely effected a change of Tutor. 
 
 IMulieres differed from pupilli and pupillae in 
 having a capacity to manage their affairs, and 
 only requiring in certain cases the Auctoritas of a 
 Tutor. If the woman was in the legitima 
 tutela of patroni or parentes, the Tutores could 
 not be compelled, except in certain very special 
 cases, to give their auctoritas to acts which 
 tended to deprive them of the woman's pro- 
 perty, or to diminish it before it might come to 
 their hands. (Gaius, 192.) Other Tutores could 
 be compelled to give their auctoritas. The special 
 cases in which the auctoritas of a Tutor was re- 
 quired were, if the woman had to sue " lege," or 
 in a Icgitimum judicium, if she was going to bind 
 herself by a contract, if she was doing any Civil 
 act, or permitting her freedwoman to be in con- 
 tubemium with the slave of another person, or 
 alienating a Res Mancipi. Among Civil Acts 
 (Ailia negotia) was the making of a Testament, 
 the rules as to which are stated in the article 
 Testamentum. Libertae could not make a will 
 without the consent of their Patroni, for the will 
 was an act which deprived the Patron of his rights 
 (Gaius, iii. 43) as being a Legitimus tutor. Gaius 
 mentions a Rescript of Antoninus, by which those 
 who claimed the bonorum possessio secundum ta- 
 bulas non jure factas, could maintain their right 
 against those who claimed it ab intestate. He adds, 
 this Rescript certainly applies to the wills of males, 
 and also of faeminae who had not performed the 
 ceremony of Mancipatio or Nuncupatio ; but he 
 does not decide whether it applies to the testa- 
 ments of women made without the auctoritas of 
 a tutor ; and by tutor he means not those who ex- 
 
TUTOR. 
 
 TWELVE TABLES. 1023 
 
 rcised the legitima tutela of parents or Patroni ; 
 ut Tutors of the other kind {alteriiis r/encris, corn- 
 are ii. 1'2"2 and i. 194, 195) who could be com- 
 elled to give their auctoritas. It would he a fair 
 (inclusion, however, that a woman's will made 
 /ithout the auctoritas of such tutores, ought to be 
 alid under the Rescript. 
 
 A payment made to a mulier was a release to 
 he debtor, for a woman could part with Res nec 
 tiancipi without the auctoritas of a Tutor : if, 
 lowever, she did not receive the money, but af- 
 ected to release the debtor by acceptilatio, this was 
 lot a valid release to him. (Cic. Tup. 1 1 ; Gains, 
 
 i. 83. 85; iii. 171.) She could not manumit 
 vithout the auctoritas of a tutor. (Ulp. Frag. 
 it. i. s. 1 7 ; compare Cic. proM. Cod. c. 29.) Gains 
 
 ii. 47) states that no alienation of a Res Mancipi 
 ly a mulier in agnatorum tutela was valid unless 
 t was delivered with the auctoritas of a Tutor, 
 vhich he expresses by saying that her Res Man- 
 ipi could not otherwise be the object of Usucapion, 
 uid that this was a provision of the Twelve Tables, 
 ii. 47.) In other cases, if a Res Mancipi was 
 ransferred by tradition, the purchaser acquired 
 he Quiritarian ownership by Usucapion [Usu- 
 Ai'io] ; but in the case of a woman's Res Man- 
 ipi, the auctoritas of the Tutor was required in 
 irder that Usucapion might be eifected. In an- 
 ither passage (ii. 80) Gaius observes that a 
 voraan cannot alienate her Res Mancipi without 
 he auctoritas of her tutor, which means that the 
 ormal act of raancipatio is null without his auctori- 
 as ; and such act could not operate as a traditio 
 'or want of his auctoritas as appears from the 
 ithcr passage, (ii. 47.) The passage of Cicero 
 jiro Flucco, c. 34) is in accordance with Gaius ; 
 lilt another (ad AH. i. 5) is expressed so vaguely, 
 hat though the explanation is generally supposed 
 0 be clear, it seems exceedingly doubtful, if it can 
 je rightly understood. The possibility of Usu- 
 ■apion, when there was the auctoritas of the Tutor, 
 ippears from Gaius ; but it does not appear why 
 Jicero should deny, generally, the possibility of 
 Usucapion of a woman's property, when she 
 iVas in Legitima Tutela. The passage, however, 
 s perfectly intelligible on the supposition of there 
 laving been a transfer without the auctoritas of a 
 Tutor, and on the further supposition of Cicero 
 hinking it unnecessary to state the particular facts 
 if a case which must have been known to Atticus. 
 See Casaubon's note on Cic. ad Att. i. 5.) 
 
 The auctoritas of a Tutor was not required in 
 -he case of any Obligatio by which the woman's 
 -ondition was improved ; but it was necessary in 
 ases where the woman became bound. (Gaius, i. 
 192 ; iii. 108; Ulp. Frac/. tit. 11. s. 27 ; Cic. pro 
 Caecin. 25.) If the woman wished to promise a 
 Dos, the auctoritas of a Tutor was necessary. (Cic. 
 iiro Flacc. 35.) By the Lex Julia, if a woman was 
 in the legitima tutela of a pupillus, she might apply 
 to the Praetor Urbanus for a Tutor who should 
 ,'ive the necessary auctoritas in the case of a Dos 
 nnstituenda. (Gaius, i. 178 ; Ulp. Fraf/. 11. tit. 
 -0.) As a woman could alienate Res nec mancipi 
 without the consent of a Tutor, she could contract 
 m obligation by lending money, for by delivery 
 the money became the property of the receiver. A 
 senatusconsultum allowed a woman to apply for a 
 Tutor in the absence of her Tutor, unless the Tutor 
 was a Patronus ; if he was a Patronus, the woman 
 could only apply for a Tutor in order to have his 
 
 auctoritas for taking possession of an hereditas {ad 
 Iicreditatcm ademidam) or contracting a marriage. 
 
 The Tutela of a woman was terminated by the 
 death of the Tutor or that of the woman ; by a 
 marriage by which she came in manum viri ; by 
 the privilege of children {jus /iberorum) ; by abdi- 
 catio, and also by the in jure cessio, so long as the 
 Agnatomm tutela was in use : but in these two 
 last cases there was only a change of Tutor. 
 
 A woman had no right of action against her 
 Tutor in respect of his Tutela, for he had not the 
 Negotiorum gestio, but only interposed his Aucto- 
 ritas. (Gaius, i. 191.) 
 
 (The most recent and the most complete work on 
 the Roman Tutela is said to be by Rudorff, the 
 substance of which appears to be given by Rein, 
 Das Rum. Privatrecht, p. 239, &c. ; Dig. 20" and 
 27.) . [G. L.] 
 
 TU'TULUS was the name given to a pile of 
 hair on a woman's head. Great pains were taken 
 by the Roman ladies to have this part of the hair 
 dressed in the prevailing fashion, whence we read 
 in an inscription of an ornatrue a tutulo. (Gruter, 
 579. 3.) Sometimes the hair was piled up to an 
 enormous height. (Lucan, ii. 358 ; Juv. vi. 503 ; 
 Stat. Sih. i. 2. 114.) The Tutulus seems to have 
 resembled very much the Greek Kopv/iSos, of which 
 a representation is given in the woodcut on p. 292. 
 
 The Flaminica always wore a Tutulus, which, 
 was formed by having the hair plaited up with a 
 purple band in a conical form. (Festus, s. v.) 
 
 TWELVE TABLES. In the year b. c. 462 
 the Tribune C. Terentillus Arsa proposed a ro- 
 gation that five men should be appointed for the 
 purpose of preparing a set of laws to limit the 
 Imperium of the consuls. (Liv. iii. 9.) The P,a- 
 tricians opposed the measure, but it was brouglit 
 forward by the tribunes in the following year with 
 some modifications : the new rogation proposed 
 that ten men should be appointed {leguni latores) 
 from the plebs and the patricii, who were to make 
 laws for the advantage of both ranks, and for the 
 " equalizing of liberty," a phrase the import of which 
 can only be understood by reference to the disputes 
 between the two ranks. (Liv. ii. 10 ; Dionys. x. 3.) 
 According to Dionysius (x. 58.62) in the year B. c. 
 454 the Senate assented to a Plebiscitum, pur- 
 suant to which commissioners were to be sent to 
 Athens and the Greek cities generally, in order to 
 make themselves acquainted with their laws. 
 Three commissioners were appointed for the pur- 
 pose. On the return of the commissioners, B. c. 
 452, it was agreed that persons should be appoint- 
 ed to draw up the code of laws (decem^'iri Legibus 
 scribundis), but they were to be chosen only from 
 the Patricians, with a provision that the rights of 
 the Plebeians should be respected by the decem- 
 viri in drawing up the laws. (Liv. iii. 32, &c.) In 
 the following year (b. c. 451) the Decemviri were 
 appointed in the Comitia Centuriata, and during the 
 time of their office no other magistratus were chosen. 
 The body consisted of ten Patricians, including the 
 three commissioners who had been sent abroad : 
 Appius Claudius, Consul designatus, was at the 
 head of the body. The Ten took the administra- 
 tion of affairs in turn, and the Insignia of office 
 were only used by him who for the time being di- 
 rected the administration. (Liv. iii. 33.) Ten 
 Tables of Laws were prepared dimng the year, and 
 after being approved by the Senate were confirmed 
 I by the Comitia Centuriata. As it was considered that 
 
 i 
 
1024 TWELVE TABLES. 
 
 some further Laws were wanted, Decemviri were 
 again elected b. c. 450, consisting of Appius Clau- 
 dius and his friends : but the second body of Decem- 
 viri comprised three plebeians, according to Diony- 
 sius (x. 58), but Livy (iv. 3) speaks onJy of Patri- 
 cians. Two more Tables were added by these De- 
 cemviri, which Cicero (dcRcpiih. ii. 37) calls " Dime 
 tabulae iniquarum legum." The provision which 
 allowed no connubium between the Patres and the 
 Plebs is referred to the Eleventh Table. (Dirksen, 
 Uehersicht, &.C. p. 740.) The whole Twelve Tables 
 were first published in the consulship of L.Valerius 
 and M. Horatius after the downfal of the Decemviri, 
 B.C. 449. (Liv. iii. 54. 57.) This the first attempt to 
 make a code remained also the only attempt for near 
 one thousand years, until the legislation of Justi- 
 nian. The Twelve Tables are mentioned by the 
 Roman writers under a great variety of names : 
 Leges Decemvirales, Lex Decern viralis. Leges XH, 
 Lex XII tabularum or Duodecim, and sometimes 
 they are referred to under the names of Leges and 
 Lex simply, as being preeminently T)ie Law. 
 
 The Laws were cut on bronze tablets and put 
 up in a public place. (Liv. iii. 57 ; Died. xii. 56.) 
 Pomponius (Dig. 1. Tit. 2. s. 2. § 4) states that the 
 first Ten Tables were on ivory (tabulae eboreae) : 
 a note of Zimmem (Geschiclde des Rom. Priva- 
 trechts, i. 101) contains references to various autho- 
 rities which treat of this disputed matter. After 
 the burning of the city by the Gauls, it was neces- 
 sary to reconstruct the Tables. (Liv. vi. 1.) It is 
 not said that there had been two or more original 
 copies, though if the custom of placing laws in the 
 Aerarium was then in use, there may have been two 
 copies at least. But whether there was only one 
 copy ; or whether that was found after the confla- 
 gration, the Twelves were in some way restored, 
 and the Romans of the age of Cicero had never 
 any doubt as to the genuineness of the collection 
 which then existed. 
 
 The legislation of the Twelve Tables has been a 
 fruitful matter of speculation and inquiry to modem 
 historians and jurists, who have often handled the 
 subject in the most uncritical manner and with 
 utter disregard to the evidence. As to the mis- 
 sion to the Greek cities, the fact rests on as much 
 and as good evidence as most other facts of the 
 same age, and there is nothing in it improbable, 
 though we do not know what the conunissioners 
 brought back with them. It is further said that 
 Hermodorus an Ephesian exile aided the Decemviri 
 in drawing up the Twelve Tables, though his as- 
 sistance would probably be confined to the inter- 
 pretation of Greek laws, as it has been suggested 
 (Strabo, p. 642. Casaub. ; Pompon, de Ori<j. Juris, 
 Dig. 1. tit. 2. s. 2. §4). This tradition was con- 
 firmed by the fact of a statue having been erected 
 in the Comitium at Rome in memory of Hermo- 
 doi-us ; but it did not exist in the time of Pliny. 
 (Plin. H.N. xxxiv. 5.) 
 
 The Twelve Tables contained matters relating 
 both to the Jus Publicum and the Jus Privatum 
 {fans publici privaiique juris, Liv. iii. 34). The 
 Jus Publicum underwent great changes in the 
 course of years, but the Jus Privatum of the Twelve 
 Tables continued to be the fundamental law of the 
 Roman State. Cicero speaks of learning the laws 
 of the Twelve Tables {ut carmm necessarium) when 
 a boy {de Ley. ii. 4. 23) ; but he adds that this 
 practice had fallen into disuse when he wrote, the 
 Edict having then become of more importance. 
 
 TWELVE TABLES. 
 
 But this does not mean that the fundamental prinf 
 ciples of the Twelve Tables were ever fonnally re 
 pealed, but that the Jus Praetorum grew up b; 
 the side of them, and mitigated their rigor. Tlierc 
 is indeed an instance in which positive legislatioi 
 interfered with them, by the abolition of the Le 
 gis actionis ; but the Twelve Tables themselve: 
 were never repealed. The Roman writers speal 
 in high terms of the precision of the enactment) 
 contained in the Twelve Tables, and of the pro 
 priety of the language in which they were ex- 
 pressed. {C\c.deRep.\y.%; Diodor. xii. 26.) Thai 
 many of their provisions should have become ol)- 
 scure in the course of time, owing to the change 
 which language undergoes, is nothing surprising 
 nor can we wonder if the strictness of the old law 
 should often have seemed unnecessarily harsh in a 
 later age. (GeU. xvi. 10.) So far as we can fonn 
 a judgment by the few fragments which remain, 
 the enactments were expressed with great brevity 
 and archaic simplicity. 
 
 Sextus AeUus Paetus Catus in his Tripartita 
 commented on the Twelve Tables, and the work 
 existed in the time of Pomponius. [Jus Aelu- 
 NUM.] Antistius Labeo also wrote a comment on 
 the Tables, which is mentioned several times by 
 Gellius. (i. 12. vii. IS.) Gains also wrote a Com- 
 ment on the Tables in six books {ad legem xii. ta- 
 bularum), twenty fragments of which are contauied 
 in the Digest, and collected by Hommelius in his 
 Palingenesia. (i. 117.) There were also other 
 commentaries or explana,tions of the Laws of the 
 Twelve Tables. (Cic. de Leg. ii. 23. 25.) 
 
 The notion which has sometimes been entertain- 
 ed that the Twelve Tables contained a body of rules 
 of law entirely new, is not supported bj' any evi- 
 dence, and is inconsistent with all that we know of 
 them and of Roman institutions. It is more rea- 
 sonable to suppose that they fixed in a written 
 form a large body of customary law, which would 
 be an obvious benefit to the Plebeians, inasmuch 
 as the Patricians were the expounders of the law. 
 One of the two last tables contained a provision 
 which allowed no Connubium between Patricians 
 and Plebeians ; but it is uncertain whether this 
 was a new rule of law, or a confirmation of an old 
 rule. The latter seems the more probable suppo- 
 sition ; but in either case it is clear that it was not 
 one of the objects of this legislation to put the two 
 classes on the same footing. Modern writers often 
 speak inaccurately of the Decemviral legislation, , 
 and of the Decemviri as enacting Laws, as if the 
 Decemviri had exercised sovereign power ; but 
 they did not even affect to legislate absolutely, for 
 the Ten Tables were confirmed by the Comitia Cen- 
 turiata, or the sovereign people, or as Niebuhr ex- 
 presses it " when the Decemviri had satisfied every 
 objection they deemed reasonable, and their work 
 was approved by the Senate, they brought it before 
 the Centmies, whose assent was ratified by the 
 Curies, under the presidency of the colleges of 
 priests and the sanction of happy auspices." (Engl. 
 Transl. ii. 313.) The two new Tables were con- 
 firmed in the same way, as we may safely con- 
 clude from the circumstances of the case. (Liv. 
 iii. 37. 57.) It makes no difference that the 
 Sovereign people did not vote on the several laws 
 included in the Tables : such a mode of legislation 
 would have been impracticable, and, as Niebuhr 
 observes, was not conformable to the usage of an- 
 cient Commonwealths. How far the Decemviri , 
 
 I 
 
TYMPANUM. 
 
 VALERIAE LEGES. 
 
 1025 
 
 really were able, by intrigue or otherwise, to carry 
 such particular measures as they wished to insert 
 in the Tables, is a ditt'orent question : but in form 
 their so called legislation was confinnod, as a whole, 
 by the sovereign, that is, the Roman people, and 
 consequently the Decemviri are improperly called 
 Legislators : they might be called code-makers. 
 
 It is consistent with the assumption that the 
 Twelve Tables had mainly for their object the em- 
 bodying of the customary law in writing, to adriiit 
 that many provisions were also introduced from 
 the laws of other states. Indeed, where the Roman 
 law was imperfect, the readiest mode of supplying 
 the defects would be by adopting the rules of law 
 that had been approved by experience among other 
 people. Thus Gaius, in his Commentary on the 
 Twelve Tables, where he is speaking of Collegia 
 (Dig. 47. tit. 22. s. -i), says, tliat the members of 
 Collegia may make wliat terms they please among 
 themselves, if they thereby violate no Publica 
 Lex ; and he adds, this Lex seems to be taken 
 from one of Solon's, which he quotes. And in 
 another passage, when he is speaking of the Actio 
 finium regundorum (Dig. 10. tit. 1. s. 13), he refers 
 to a law of Solon as the source of certain rules as 
 to boundaries. It is a possible case that the Ro- 
 mans had no written law before the enactment of 
 the Twelve Tables, except a few Leges, and if this 
 is so, the prudence of applying to those states which 
 had bodies of written law, if it were only as samples 
 and patterns of the form of legislation, is obvious. 
 
 The fragments of the Twelve Tables have often 
 \)een collected, but the most complete essay on their 
 bistory, and on the critical labours of scholars and 
 jurists, is by Dirksen, UeberskU dcr hisherigen Ver- 
 tuche zur Kritik und Herstelluny ties Textes der 
 Zwo/f-Tafel-Fragmenie, Leipzig, 1824. Zimmem's 
 9eschichie, &c. contains references to all the au- 
 iorities on this subject. [G. L.] 
 
 TY'MPANUM (rvfiwavov), a small drum car- 
 ied in the hand. Of these, some resembled in all re- 
 jects a modem tambourine with bells. Others pre- 
 lented a flat circular disk on the upper surface and 
 welled out beneath like a kettledrum, a shape which 
 ippears to be indicated by Pliny when he describes 
 I particular class of pearls in the following terms : 
 ' Quibus una tantum est facies, et ab ea rotunditas, 
 iversis planities, ob id tympania vocantur." {H.N. 
 I. 54.) Both forms are represented in the cuts 
 lelow. That upon the left is from a painting 
 aund at Pompeii {Mus. Borbon. torn. vii. tav. 37), 
 hat on the right from a fictile vase (Millin, Pein- 
 'tres de Vases Antiques., pi. 56), and here the con- 
 exity on the under side is distinctly seen. TjTn- 
 
 ma were covered with the hides of oxen (Ovid, 
 'ost iv.342 ; Stat. 7'/i<;A.ii.78) or of asses(Phaedr. 
 L 20. 4), were beaten (Suet. Aug. 68) with a 
 ick (Phaedr. /. c.) or with the hand (Ovid, Met. 
 
 iv. 30 ; see cuts), and were much employed in 
 all -wild enthusiastic religious rites (Aristoph. 
 L7/sistr. 1. 387), especially the orgies of Bacchus 
 and of Cybele (Catull. Ixiv. 262 ; Claud, de Cons. 
 Stilkh. iii. 365 ; Lucret. ii. 618 ; Catull. Ixiii. 8 ; 
 Virg. Aen. ix. 619 ; Claud. Etilrop. i. 278 ; com- 
 pare Lobeck, Aglaophamus, pp. 630. 652), and 
 hence Plautus {True. ii. 7. 49) characterises an 
 effeminate coxcomb as " Mocchum malacura, cin- 
 cinnatura, >unbraticolam, tympanotribam." Ac- 
 cording to .Justin (xli. 2) they were used by the 
 Parthians in war to give the signal for the onset. 
 
 2. A solid wheel without spokes for heavy 
 waggons (Virg. Oe.org. iv. 444), such as is shown 
 in the cut on page 765. These are to this day 
 common in the rude carts of southern Italy and 
 Greece, and Mr. Fellowes {Exeursioii in Asia 
 Minor, p. 72), from whose work the figure below 
 is copied, found them attached to the farm vehicles 
 of Mysia. " The wheels are of solid blocks of 
 wood, or thick planks, generalh' three, held to- 
 ther by an iron hoop or tire ; a loud creaking 
 noise is made by the friction of the galled axle," 
 a satisfactory commentary on the " stridentia 
 plaustra" of Virgil {Georg. iii. 536). 
 
 3. Hence, wheels of various kinds, a sort of 
 crane worked by a wheel for raising weights 
 (Lucret. iv. 903 ; Vitniv. x. 4), a wheel for draw- 
 ing water (Vitruv. x. 14), a solid toothed wheel 
 forming part of the machinery of a mill (Vitruv. x. 
 9, 10), and the like. 
 
 4. An ancient name for round plates or chargers, 
 such as were afterwards called lances and staterae. 
 (Plin. H. N. xxxiii. 52.) 
 
 5. An architectural term signifying the flat sur- 
 face or space within a pediment, and also the 
 square panel of a door. (Vitruv. iii. 3 ; iv. 6.) 
 
 6. A wooden cudgel for beating malefactors, and 
 also a beating post to which they were tied when 
 flogged ; hence the Greek verbs rvixiravi^eiv and 
 airorvfiTravi^fiv are formed. (SchoL ad Aristoph. 
 Plut. 476 ; St. Paul, Ep. to Hebrews, xi. 35 ; Pol- 
 lux, viii. 70.) [W. R.] 
 
 U. V. 
 
 VACA'NTIA BONA. [Bona Vacantia.] 
 VACA'TIO. [Army (Roman), p. 93 ; 
 
 EMBtVITI.] 
 
 VADIMO'NIUM, VAS. [Actio, p. 9; Praes.] 
 
 VAGI'NA. [Gladius.] 
 
 VALE'RIAE LEGES, proposed by the consul 
 P. Valerius Publicola, B. c. 508, enacted, 1. That 
 whoever attempted to obtain possession of royal 
 power should be devoted to the gods, together 
 with his substance (Liv. ii. 8 ; Plut. Publ. 11,12); 
 and 2. That whoever was condemned by the sen- 
 tence of a magistrate to be put to death, to be 
 scourged, or to be fined, should possess the right 
 of appeal {prorocatio) to the people. (Dionys. v. 
 19. 70 ; Cic. de Rep. ii. 31 ; Liv. ii. 8.) Niebuhr 
 (i. p. 531) has pointed out that the patricians pos- 
 
 3 u 
 
1026 
 
 VALLUM. 
 
 VANNUS. 
 
 sessed previously the right of appeal from the sen- 
 tence of a magistrate to their own council the 
 curies, and that therefore this law of Valerius only 
 related to the plebeians, to whom it gave the right 
 of appeal to the plebeian tribes, and not to the cen- 
 turies. This seems to be proved by a passage of 
 Dionysius (ix. 39), and also by the fact that the 
 laws proposed by the Valerian family, respecting 
 the right of appeal, are spoken of as one of the 
 chief safeguards of the liberty of the plebs. (Liv. 
 iii. 55, 56.) The right of appeal did not extend be- 
 yond a mile from the city (Liv. iii. 20), where the 
 unlimited imperium began, to which the patricians 
 were just as much subject as the plebeians. 
 
 VALE'RIAE ET HORA'TIAE LEGES, were 
 three laws proposed by the consids L. Valerius and 
 M. Horatius, b. c. 449, in the year after the 
 deccmvirate. 1. The first law is said to have 
 made a Plebiscituni binding on the whole people, 
 respecting the meaning of which expression see 
 Plebiscitum. 2. The second law enacted, that 
 whoever should procure the election of a magis- 
 trate without appeal should be outlawed, and 
 might be killed by any one with impunity. (Liv. iii. 
 55 ; iv. 13 ; Cic. de Rep. ii. 31.) 3. The third law 
 renewed the penalty threatened against any one, 
 who should harm the tribunes and the aediles, to 
 whom were now added the judges and decemvirs. 
 (" Ut qui tribunis plebis, aedililnis, judicibus, de- 
 cemviris nocuisset, ejus caput Jovi sacnim esset, 
 familia ad aedcm Ccreris Liberi Liberacque venum 
 iret," Liv. iii. 55.) There has been considerable 
 dispute as to who are meant by the " Judices" and 
 " Decemviri" in this passage. Arnold (i.p. 317,&c.) 
 supposes that they refer to two new offices, which 
 were to be shared equally between the two orders, 
 the " Judices" being two supreme magistrates, in- 
 vested with the highest judicial power, and dis- 
 charging also those duties afterwards performed by 
 the censors, and the "Decemviri" being ten tribunes 
 of the soldiers, to whom the military power of the 
 consuls was transferred. Nicbuhr (ii. p. 368) 
 supposes the Centumviri to be meant by the 
 Judices, and that the Decemviri were the supreme 
 magistrates, who were again to take the place of 
 the consuls, as soon as it should be settled what 
 share the commonalty ought to have in the cimile 
 dignities ; only he imagines that it was the plebeian 
 decemvirs alone that are meant in this passage. 
 
 VALE'RIA LEX, proposed by the consul 
 M. Valerius, b. c. 300, re-enacted for tlie third 
 time the celebrated law of his family respecting ap- 
 peal (prcypoi'nti(i) from the decision of a magistrate. 
 The law specified no fixed penalty for its violation, 
 leaving the judges to determine what the punish- 
 ment should be. (Liv. x. 9.) We do not know 
 why this law was re-enacted at this particular time. 
 
 VALLUM, a term applied either to the whole 
 or a portion of the fortifications of a Roman camp. 
 It is derived from valbis (a stake), and properly 
 means the palisade which ran along the outer edge 
 of the agger, but it very frequently includes the 
 agger also. The vallam, in the latter sense, to- 
 gether Avith the fossa or ditch which surrounded 
 the camp outside of the vallum, formed a complete 
 fortification. [Agger.] 
 
 The valli (xapoKes), of which the rallum, in the 
 former and more limited sense, was composed, 
 are described by Polybius (xvii. i. 1) and Livy 
 (xxxiii. 5), who make a comparison between the 
 vallum of the Greeks and that of the Romans, very 
 
 much to the advantage of the latter. Both used 
 for valli young trees or arms of larger trees, with 
 the side branches on them ; but the valli of the 
 (ireeks were much larger and had more branches 
 than those of the Romans, which had either two or 
 three, or at the most four branches, and these 
 generally on the same side. The Greeks placed 
 their valli in the agger at considerable intervals, 
 the spaces between them being filled up by the 
 branches ; the Romans fixed theirs close together, 
 and made the branches interlace, and sharpened 
 their points carefully. Hence the Greek vallus 
 could easily be taken hold of by its large branches 
 and pulled from its place, and when it was re- 
 moved a large opening was left in the vaUmn. 
 The Roman vallus, on the contrarj-, presented no 
 convenient handle, required very great force to puU 
 it down, and even if removed left a very small 
 opening. The Greek valli were cut on the spot ; 
 the Romans prepared theirs beforehand, and each 
 soldier carried three or four of them when on a 
 march. (Polyb. I. c. ; Virgil. Geonj. iii. 346, 347 ; 
 Cic. Tnse. ii. 16.) They were made of any strong 
 wood, but oak was preferred. 
 
 The word vallus is sometimes used as equivalent 
 to vallum. (Caesar, Bell. Civ. iii. 63.) 
 
 A fortification like the Roman vallum was used 
 by the Greeks at a very early period. (Homer, II. 
 ix. 349, 350.) 
 
 Varro's etymology of the word is not worth 
 much (L. L. V. 117. ed. Miiller). 
 
 In the operations of a siege, when the place 
 could not be taken by storm, and it became neces- 
 sary to establish a blockade, this was done by 
 drawing defences similar to those of a camp round 
 the town, which was then said to be circunivat- 
 lutimi. Such a circumvallation, besides cutting off 
 all communication between the town and the siu- 
 rounding country, formed a defence against the 
 sallies of the besieged. There was often a double 
 line of fortifications, the inner against the town, 
 and the outer against a force that might attempt to 
 raise the siege. In this case the army was en- 
 camped between the two lines of works. 
 
 This kind of circumvallation, which the Greeks 
 called dwoTtixio-judj and irepiTeiXKriUor, was em- 
 ployed by the Peloponnesians in the siege of 
 Plataeae. (Thucyd. ii. 78 ; iii. 20—23.) Their 
 lines consisted of two walls (apparently of turf) at 
 the distance of 16 feet, which surrounded the city 
 in the form of a circle. Between the walls were 
 the huts of the besiegers. The walls had battle- 
 ments (€Tra\^6tr), and at every tenth battlemeat 
 was a tower, filling up by its depth the whole 
 space between the walls, there was a passage for 
 the besiegers through the middle of each tower. 
 On the outside of each wall was a ditch (raippos). 
 This description would almost exactly answer for 
 the Roman mode of circumvallation, of which some 
 of the best examples are that of Carthage by 
 Scipio (Appian. Punic. 119, &c.), that of Numantiii 
 by Scipio (Appian. Hispan. 90), and that of Alesi;i 
 by Caesar {Bell. Gall. vii. 72, / 3). The towers in 
 such lines were similar to those used in attacking 
 fortified places, but not so high, and of course not 
 moveable. [Turris.] 
 
 (Lipsius, de Milit. Rom. v. 5, in Oper. iii. p- 
 156, 157 ; Poliorc. ii. 1, in Oper. iii. 283.) [P.S.] 
 VALLUS. [Vallum.] 
 VALVAE. [Janii.4, p. 505.] 
 VANNUS (A-iK^o's, KiKvov), a winnowing-van, 
 
VECTIGALIA. 
 
 VECTIGALIA. 
 
 1027 
 
 i. e. a broad basket, into which the com mixed 
 with chaff {ucus, dxvpa) was received after thrash- 
 ing, and was then thrown in the direction of the 
 wind. (Col. (/e Re Rust. ii. "21 ; Virg. Georq. in. 
 134.) It thus performed with greater eifect and 
 convenience the office of the pala Upnea, or win- 
 nowing-shovel. [Pala, p. fi98.] Virgil {Geory. i. 
 166) dignifies this simple implement by calling it 
 nii/stica vwmus lacchi. The rites of Bacchus, as 
 well as those of Ceres, having a continual reference 
 to the occupations of rural life, the vannus was 
 borne in the processions celebrated in honour of 
 both these divinities. Hence Aikv^ttjs (Hesych. 
 s. r.) was one of the epithets of Bacchus. In an 
 Antefixa in the British Museum (see the an- 
 nexed woodcut) the infant Bacchus is carried in a 
 vp.nnus by two dancing bacchantes clothed in skins 
 [Pellis], the one male and carrying a Thyrsus, 
 the other female and carrying a torch [Fax]. 
 
 Other divinities were sometimes conceived to have 
 lieen cradled in the same manner. (Callim. Jov. 4ii ; 
 Schol. in loc; Horn. H. in Mirc. 25-t.) The van- 
 nus was also used in the processions to carry the 
 instnmients of sacrifice and the first fruits or other 
 offerings, those who bore them being called the 
 \iKvocp6poi. (Callim. Ccr. 127.) [J. Y.] 
 
 VA'RIA lex. [Majestas.] 
 
 VAS. [Praes.] 
 
 VATI'NIA LEX. [Lex, p. 566.] 
 UDO, a sock of goats-hair or felt. (Mart. xiv. 
 140.) Hesiod {Op. et Dies, 542) advises country- 
 men to wear brogues {peronas, KapSarivai) made 
 of ox-hide, with socks of the above description 
 within them. Socks of a finer felt were sometimes 
 worn by the Athenians. (Cratinus, p. 19. ed. 
 Runkel.) [J. Y.] 
 
 VECTIGA'LIA is the general term for all the 
 regular revenues of the Roman state. (Cic. pro 
 Leg. Manil. 6.) The word is derived from mho, 
 t'and is generally believed to have originally signi- 
 ) fied the duties paid upon things imported and ex- 
 t ported {quae rcUiantur). If this were true, it would 
 t necessarily imply that these duties were either the 
 * most ancient or the most important branch of the 
 ff Roman revenues, and that for either of these rea- 
 tlsons the name was subsequently used to designate 
 t all the reg-ulai' revenues in general. But neither 
 I, point is bonie out by the history of Rome, and it 
 s seems more probable that vectigal means anything 
 which is brought {rcMlur) into the public treasury, 
 like the Greek ipopos. The earliest regidar income 
 of the state was in all probability the rent paid for 
 the use of the public land and pastures. This re- 
 
 venue was called pascua, a name which was used 
 as late as the time of Pliny {H. N. xviii. 3), in the 
 tables or registers of the censors fir all the reve- 
 nues of the state in general. 
 
 The senate was tlie supreme authority in all 
 matters of finance, but as the state itself did not 
 occupy itself with collecting the taxes, duties, and 
 tributes, the censors were entrasted with the actual 
 business. These officers, who in this respect may 
 not unjustly be compared to modem ministers of 
 finance, used to let the various branches of the re- 
 venue to the publicani for a fixed sura, and for a 
 certain number of years. [Censor; Publicani.J 
 
 As most of the branches of the public revenues 
 of Rome are treated of in separate articles, it is 
 only necessary to give a list of them here, and to 
 explain those which have not been treated of sepa- 
 rately. 
 
 1. The tithes paid to the state by those who oc- 
 cupied the ager publicus. [Decumae ; Agrariae 
 Leges.] 
 
 2. The sums paid by those who kept their cat- 
 tle on the public pastures. [Scriptura.] 
 
 3. The harbour duties raised upon imported and 
 exported commodities. [Portorium.] 
 
 4. The revenue derived from the salt-works 
 {sa/inae). Ancus Marcius is said to have first 
 established salt-works at Ostia (Liv. i. 33; Plin. 
 //. TV. xxxi. 41), and as they were public property 
 they were probably let out to fiimi. The publicani 
 appear however at times to have sold this most ne- 
 cessarj' of all commodities at a very high price, 
 whence during the war with Porsenna the republic 
 itself undertook the direct management of the sali- 
 nae of Ostia, in order that the people might obtain 
 salt at a more moderate price. (Gronovius, ad Liv. 
 ii. 9.) Subsequently the saHnae were again farmed 
 by the publicani, but the censors M. Livius and 
 C. Claudius fixed the price at which those who 
 took the lease of them were obliged to sell the salt 
 to the people. At Rome tlie modius was according 
 to this regulation sold for a sextans, while in other 
 parts of Italy the price was higher and varied. 
 (Liv. xxix. 37.) The salt-works in Italy and in 
 the provinces were very numerous ; in conquered 
 countries however they were sometimes left in the 
 possession of their former owners (persons or towns) 
 who had to pay to Rome only a fixed rent. Others 
 again were worked, and the produce sold in the 
 name of the state, or were like those of Ostia 
 farmed by the publicani. (Burmann, Vectigal. Pop. 
 Rom. p. 90, &c.) 
 
 5. The revenues derived from the mines {metalla). 
 This branch of the public revenue cannot have 
 been very productive until the Romans had be- 
 come masters of foreign countries. Until that 
 time the mines of Italy appear to have been 
 worked, but this was forbidden by the senate 
 after the conquest of foreign lands. (Plin. IL. N. 
 
 xxxiii. 4; xxxvii. 13.) The mines of conquered 
 countries were treated like the salinae, that is, 
 they were partly left to individuals or towns on 
 condition of a certain rent being paid (Plin. H. N. 
 
 xxxiv. 1 ), or they were worked for the direct ac- 
 count of the state, or were farmed by the publicani. 
 In the last case, however, it appears always to have 
 been fixed by the lex censoria how many labourers 
 or slaves the publicani should be allowed to employ 
 in a particular mine, as otherwise they would have 
 been able to derive the most enormous profits. 
 (Plin. H. N. xxxiii. 4.) Among the most produc- 
 
 3 (J 2 
 
1028 
 
 VEHES. 
 
 VELUM. 
 
 tive mines belonging to the republic we may men- 
 tion the rich gold-mines near Aquileia (Polyb. 
 xxxiv. 10), the gold-mines of Ictimuli near Vercelli, 
 in which 25,000 men were constantly employed 
 (Plin. H. N. xxxiii. 4; Strab. v. p. 151), and 
 lastly the silver-mines in Spain in the neighbour- 
 hood of Carthago Nova, which yielded every day 
 25,000 drachmas to the Roman aerarium. (Polyb. 
 xxxiv. 9; comp. Liv. xxxiv. 21.) Macedonia, 
 Thrace, lUyricum, Africa, Sardinia, and other 
 places also contained very productive mines, fi'om 
 which Rome derived considerable income. 
 
 6. The hundrcdtli part of the vahie of all things 
 which were sold {cenlcsima rcrum venaliuni). This 
 tax was not instituted at Rome until the time of 
 the civil wars; the persons who collected it were 
 called coaciores. (Cic. Ep.ad lirut. i. 18 ; pro Rah. 
 Post. 11.) Tiberius reduced this tax to a two- 
 hundredth (diicentesima), and Caligula abolished it 
 for Italy altogether, whence upon several coins of 
 this emperor we read R. c. c, that is, Remissa 
 Ducentesima. (Tacit. Anmd. i. 78 ; ii. 42 ; Suet. 
 Calig. 16.) According to Dion Cassius (Iviii. 16 ; 
 lix. 9) Tiberius restored the centcsima, which was 
 afterwards abolished by Caligula. (Comp. Dig. 50. 
 tit. 16. s. 17. § 1.) Respecting the tax raised 
 upon the sale of slaves see Quinquagesima. 
 
 7. The vicesima hereditatium et manumissionum. 
 
 [ViCESIMA.] 
 
 8. The tribute imposed upon foreign countries 
 was by far the most important branch of the public 
 revenue during the time of Rome's greatness. It 
 was sometimes raised at once, sometimes paid by 
 instalments, and sometimes changed into a poll-tax, 
 which was in many cases regulated according to 
 the census. (Cic. c. Verr. ii. 53. 55, &c.; Pans. vii. 
 16.) In regard to Cilicia and Syria we know that 
 this tax amounted to one per cent, of a person's 
 census, to which a tax upon houses and slaves was 
 added. (Cic. ad Fam. iii. 8 ; ad Ait. v. Xd; Appian, 
 de Rcb. Syr. 50.) In some cases the tribute was 
 not paid according to the census, but consisted in a 
 land-tax. (Appian, de Bell. Ciril. v. 4 ; comp. 
 Walter, Gench. des Rom. Reckis, p. 224, &c.) 
 
 9. A tax upon bachelors. [Uxorium.] 
 
 10. A door-tax. [Ostiarium.] 
 
 11. The oclavae. In the time of Caesar all 
 liberti living in Italy and possessing property of 
 200 sestertia, and above it, had to pay a tax con- 
 sisting of the eighth part of their property. (Dion 
 Cass. 1. 10.) 
 
 It would be interesting to ascertain the amount 
 of income which Rome at various periods derived 
 from these and other sources ; but our want of in- 
 formation renders it impossible. We have only 
 the general statement that previously to the time 
 of Pompey the annual revenue amounted to fifty 
 millions of drachmas, and that it was increased by 
 him to eighty-five millions. (Pint. Pomp. 45.) 
 Respecting the sums contained at different times 
 in the aerarium at Rome, see Pliny, H. N. xxxiii. 
 17. 
 
 (Burmann, de Vecticj. Pop. Romani; Hegewisch, 
 Versuch iiher die Rom. Finanzen ; Bosse, Grundzuge 
 des Fbiaiizmsensim Roiii. Stoat.) [L. S.] 
 
 VEHES (oxiJA"*), a load of hay, manure, or 
 anything which was usually conveyed in a cart. 
 [ Pl AUSTRUM.] Pliny speaks of " alargeload of hay" 
 (^veltem foeni large oniistam, Plin. //. A'^ xxxvi. 15. 
 s. 24), which shows that tliis terra did not always 
 denote a fixed quantity. With the Romans, how- 
 
 ever, as with us, the load was likewise used as a 
 measure, a load of manure being equal to eighty 
 modii, which was about twenty bushels. (Col. de 
 Re Rust. ii. 15, 16 ; xi. 2.) The trunk of a tree, 
 when squared, was also reckoned a load, the length 
 varying according to the kind of timber, viz. 20 
 feet of oak, 25 of fir, &c. (Col. I. c.) A load was 
 also called Carpentum. [J. Y.] 
 
 VELA'RIUM. [Velum.] 
 
 VELA'TI was a name given to the Accensi in 
 the Roman army, who were only supernumerary 
 soldiers ready to supply any vacancies in the 
 legion. [Accensi.] They were called Velati, 
 because they were only clothed {velati) with the 
 saga, and were not regularly armed. (Festus, s. v. 
 Velati; Adscripiicii.) 
 
 VE'LITES. [Army (Roman"), p. 95.] 
 
 VELLEIA'NUM SENATUSCONSULTUM. 
 [Intercessio, p. 520.] 
 
 VELUM (ouAai'a, Theophrast. Char. 5 ; Athen. 
 V. p. 196. c. ; Pollux, iv. 122; irapaireTafffia, 
 Plato, Polit. p. 294. ed. Bekker; Synes. Epist. 4; 
 KaTaiTiTacriia, Matt, xxvii. 51), a curtain ; (iVrioy), 
 a sail. In private houses curtains were either 
 hung as coverings over doors (Sueton. Claud. 10), 
 or they served in the interior of the house as sub- 
 stitutes for doors. (Sen. Epist. 81.) [House, p. 
 494; Janua, p. 506.) In the palace of the 
 Roman emperor a slave, called relarius, was sta- 
 tioned at each of the principal doors to raise the 
 curtain when anyone passed through. (Inscript. 
 up. Pignor. de Servis, p. 470.) Window-curtains 
 were used in addition to window-shutters. (Juv. 
 ix. 80.) Curtains sometimes formed partitions in 
 the rooms (Plin. Epist. iv. 19), and, when dra^vn 
 aside, they were kept in place by the use of large 
 brooches [Fibula, p. 417]. Iron curtain-rods have 
 been found extending from pillar to pillar in a 
 building at Herculaneum. (Gell, Pompeiana, i. p. 
 160. Lon. 1832.) 
 
 In temples curtains served more especially to 
 veil the statue of the divinity. They were drawn 
 aside occasionally so as to discover the object of 
 worship to the devout. (Apuleius, Met. xi. p. 127. 
 ed. Aldi.) [Pastophorus.] Antiochus presented 
 to the temple of Jupiter at Olympia a woollen cur- 
 tain of Assyrian manufacture, dyed with the Tyrian 
 purple and interwoven with figures. When the 
 statue was displayed, this ciu-tain lay upon the 
 ground, and it was afterwards drawn up by means 
 of cords ; whereas in the temple of Diana at 
 Ephesus the corresponding curtain or veil was at- 
 tached to the ceiling, and was let down in order to 
 conceal the statue. (Pans. v. 12. § 2.) The an- 
 nexed woodcut is from a bas-relief representing 
 two females engaged in supplication and sacrifice 
 before the statue of a goddess. The altar is adorned 
 for the occasion [Sertum], and the curtain is 
 drawn aside and supported by a tenninus. (Guat- 
 tani, Mon. hied, per 1786. Nov. T. iii.) 
 
 In the theatres there were hanging curtains to 
 decorate the scene. (Virg. Georg. iii. 25 ; Propert. 
 iv. 1. 15.) The Siparium was extended in a 
 wooden frame. The velarium was an awning 
 stretched over the whole of the cavea to protect 
 the spectators from the sun and rain. (Juv. iv. 121 ; 
 Sueton. Calig. 26.) These awnings were in general 
 either woollen or linen; but cotton was used for 
 this purpose a little before the time of Julius Caesar 
 and was continued in use by him. (Plin. II. N. 
 xix. 1. s. 6 ; Dion Cass, xliii. 24 ; Lucret. vi. 108.) 
 
VELUM. 
 
 VENATIO. 
 
 1029 
 
 This vast extent of canvass was supported by masts 
 (muli, Lucret. /. c.) fixed into the outer wall. The 
 annexed woodcut shows the fonn and position of 
 the great rings, cut out of lava, which remain on 
 the inside of the wall of the Great Theatre at 
 Pompeii near the top, and which are placed at re- 
 gular distiuiees, and one of them above another, so 
 that each mast was fixed into two rings. Each 
 ring is of one piece with the stone behind it. At 
 
 i 
 
 Rome we observe a similar contrivance in the 
 Coliseum ; but the masts were in that instance 
 ranged on the outside of the wall, and rested on 
 '240 consoles, from which they rose so as to pass 
 through holes cut in the coniice. The holes for 
 the masts are also seen in the Roman theatres at 
 Orange and other places. 
 
 Vilum, and much more commonly its derivative 
 vdainen, denoted the veil worn by women. (Pru- 
 dent, c. St/nun. ii. 147.) That worn by a bride 
 was specifically called flammeum [Marriage, p. 
 604] : another special term was Rica. Greek 
 women, when they went abroad, often covered 
 their heads with the shawl [Peplum], thus mak- 
 ing it serve the purpose of a veil. But they also 
 used a proper head-dress, called KaXuirrfja (Apol- 
 lod. ii. G. § G ; Aelian, V. H. vii. 9), which besides 
 serving to veil their countenances, whenever they 
 desired it, was graceful and ornamental, and was 
 therefore attributed to Venus (Paus. iii. 15. § 8; 
 Brunck, Atiul. ii. 459) and Pandora (Hes. T/ieoy. 
 573). The veil of Ilione, the eldest daughter of 
 Priam, was one of the seven objects preserved at 
 Rome as pledges of the permanency of its power. 
 (Serv. in Virg. Aen. vii. 188.) 
 
 Veiu7ii also meant a sail (I'trnW, [Ships, p. 880]; 
 Xa:<pos, Callim. Epu/. v. 4; Eurip. Ilec. 109). 
 Sail-cloth was commonly linen, and was obtiiined 
 
 in great quantities from Egypt ; but it was also 
 woven at other places, such as Tarquinii in Etruria. 
 (Liv. xxviii. 45.) But cotton sail-cloth {carbasa) 
 was also used, as it is still in the Mediterranean. 
 The separate pieces {lintea) were taken as they 
 came from the loom, and were sewed together. 
 This is shown in ancient paintings of ships, in 
 which the seams are distinct and regular. [J. Y.] 
 
 VENA'BULUM, a hunting-spear. This may 
 have been distinguished from the spears used in 
 warfare by being barbed ; at least it is often so 
 formed in ancient works of art representing the 
 story of Meleager (Bartoli, Admir. 84) and other 
 hunting scenes. It was seldom, if ever, thrown, 
 but held so as to slant downwards and to receive 
 the attacks of the wild boars and other beasts of 
 chace. (Virg. Acn. iv. 131; ix. 553; Varro, 
 L.L. viii. 53. ed. Miiller; Apul. Met. viii. pp. 78. 
 83. ed. Aldi.) [J. Y.] 
 
 VENALICI A'RI I. [Servus (Roman, p. 872.] 
 
 VENA'TIO, hunting, was the name given 
 among the Romans to an exhibition of wild beasts, 
 which fought with one another and with men. 
 These exhibitions originally formed part of the 
 games of the Circus. Julius Caesar first built a 
 wooden amphitheatre for the exhibition of wild 
 beasts, which is called by Dion Cassius (xliii. 22) 
 S-darpov KvvnyfTiK6i', and the same name is given 
 to the amphitheatre built by Statilius Taurus (Id. 
 li. 23), and also to the celebrated one of Titus (Id. 
 Ixvi. 24) ; but even after the erection of the latter 
 we frequently read of Venationes in the Circus. 
 (Spart. Ifadr. 19 ; Vopisc. Prob. 19.) The per- 
 sons who fought with the beasts were either con- 
 demned criminals or captives, or individuals who 
 did so for the sake of pay and were trained for the 
 purpose. [Bestiarii.] 
 
 The Romans were as passionately fond of this 
 entertainment as of the exhibitions of gladiators, 
 and during the latter days of the republic and 
 under the empire an immense variety of animals 
 was collected from all parts of the Roman world for 
 the gratification of the people, and many thousands 
 were frequently slain at one time. We do not 
 know on what occasion a venatio was first exhibit- 
 ed at Rome ; but the first mention we find of any 
 thing of the kind is in the year B. c. 251, when 
 L. Metellus exhibited in the Circus 142 ele- 
 phants, which he had brought from Sicily after 
 his victory over the Carthaginians, and which 
 were killed in the Circus according to Ver- 
 rius, though other writers do not speak of their 
 slaughter. (Plin. H. N. viii. 6.) But this can 
 scarcely be regarded as an instance of a venatio, as 
 it was understood in later times, since the elephants 
 are said to have been only killed because the Ro- 
 mans did not know what to do with them, and not 
 for the amusement of the people. There was, 
 however, a venatio in the later sense of the 
 word in B. c. 18G, in the games celebrated by 
 M. Fulvius in fulfilment of the vow which he 
 had made in the Aetolian war ; in these games 
 lions and panthers were exhibited. (Liv. xxxix. 
 22.) It is mentioned as a proof of the grow- 
 ing magnificence of the age that in the Ludi 
 Circenses, exhibited by the cunde aediles P. Cor- 
 nelius Scipio Nasica and P. Lentulus b. c. 168, 
 there were 63 African panthers and 40 bears and 
 elephants. (Liv. xliv. 18.) From about this time 
 combats with wild beasts probably formed a regu- 
 lar part of the Ludi Circenses, and many of the 
 
1030 
 
 VENATIO. 
 
 VENATIO. 
 
 cunile aediles made great efforts to obtain rare and 
 curious animals, and put in requisition the services 
 of tlieir friends. (Compare Coelius's letter to 
 Cicero, ad Fam. viii. 9.) Elephants are said to 
 have first fought in the Circus in the curule aedile- 
 ship of Claudius Pulcher, B. c. 99, and twenty 
 years afterwards, in the cunile aedileship of the 
 two Luculli, they fought against bulls. (Plin. //. A'', 
 viii. 7.) A hundred lions were exhibited by Sulla 
 in his praetorship, which were destroyed by javelin- 
 men sent by king Bocchus for the purpose. This 
 was the first time that lions were allowed to be 
 loose in the Circus ; they were previously always 
 tied up. (Senec. de Drcv. Vit. 13.) The games, 
 however, in the curule aedileship of Seaurus B. c. 
 58 surpassed anything the Romans had ever seen ; 
 among other novelties he first exhibited an hippo- 
 potamos and five crocodiles in a temporary canal 
 or trench {carijms, Plin. H. N. viii. 40). At the 
 venatio given by Pompey in his second consulship 
 B. c. 55, upon the dedication of the temple of 
 Venus Victrix, and at which Cicero was present 
 (Cic. ad Fam. vii. 1), there was an immense num- 
 ber of animals slaughtered, among which we find 
 mention of GOO lions, and 18 or 20 elephants : the 
 latter fought with Gaetulians, who hurled darts 
 against them, and they attempted to break through 
 the railiugs {dathri) by which they were separated 
 from the spectators. (Senec. I.e. ; Plin. viii. 7. 20.) 
 To guard against this danger Julius Caesar sur- 
 rounded the arena of the amphitheatre with 
 trenches {curijii). 
 
 In the games exhibited by J. Caesar in his third 
 consulship, B. c. 45, the venatio lasted for five 
 days and was conducted with extraordinary splen- 
 dour. Camelopards or giraffes were then for the 
 first time seen in Italy. (Dion Cass, xliii. 23 ; 
 Suet. Jtd. 39 ; Plin. H. N. viii. 7 ; Appian, B. C. 
 ii. 102 ; Veil. Pat. ii. 56.) .Julius Caesar also in- 
 troduced bull-fights, in which Thessalian horsemen 
 pursued the bulls round the circus, and when the 
 latter were tired out, seized them by the horns and 
 killed them. This seems to have been a favourite 
 spectacle ; it was repeated by Claudius and Nero. 
 (Plin. H. N. viii. 70 ; Suet. Claml. 21 ; Dion Cass. 
 Ixi. 9.) In the games celebrated by Augustus, 
 B. c. 29, the hippopotamos and the rhinoceros were 
 first exhibited, according to Dion Cassius (li. 22), 
 but the hippopotamos is spoken of by Pliny, as 
 mentioned above, in the games given by Seaurus. 
 Augustus also exhibited a snake 50 cubits in 
 length (Suet. Auij. 43), and thirty-six crocodiles, 
 which are seldom mentioned in the spectacles of 
 later times. (Dion Cass. Iv. 10.) 
 
 The occasions on which Venationes were ex- 
 hibited have been incidentally mentioned above. 
 They seem to have been first confined to the Ludi 
 Circeiisi's, but during tlie later times of the re- 
 public, and under the empire, they were frequently 
 exhibited on the celebration of triumphs, and on 
 many other occasions, with the view of pleasing 
 the people. The passion for these shows continued 
 to increase under the empire, and the number 
 of beasts sometimes slaughtered seems almost in- 
 credible. At the consecration of the great amphi- 
 
 theatre of Titus, 5000 wild beasts and 4000 tame 
 animals were killed (Suet. Tit. 7 ; Dion Cass. Ivi. 
 25), and in the games celebrated by Trajan, after 
 his victories over the Dacians, there are said to 
 have been as many as 11,000 animals slaughtered. 
 (Dion Cass. Lxviii. 15.) Under the emperors we 
 read of a particular kind of Venatio, in which the 
 beasts were not kiUed by bestiarii, but were given 
 up to the people, who were allowed to rush into 
 the area of the circus and carry away what they 
 pleased. On such occasions a number of large 
 trees, which had been torn up by the roots, was 
 planted in the circus, which thus resembled a 
 forest, and none of the more savage animals were 
 admitted into it. A Venatio of this kind was 
 exhibited by the elder Gordian in his aedileship, 
 and a painting of the forest with the animals in it 
 is described by Julius Capitolinus. {Gordian, S.) 
 One of the most exti'aordinary venationes of thi* 
 kind was that given by Probus, in which then 
 were 1000 ostriches, 1000 stags, 1000 boars! 
 1000 deer, and numbers of wild goats, wild sheej 
 and other animals of the same kind. (Vopis 
 Prob. 19.) The more savage animals were sla 
 by the bestiarii in the amphitheatre, and not : 
 the circus. Thus, in the day succeeding the 
 natio of Probiis just mentioned, there were sla 
 in the amphitheatre 100 lions, and the san 
 number of lionesses, 100 Libyan and 100 Syri 
 leopards, and 300 bears. (Vopisc. I. c.) It is i 
 necessary to multiply examples, as the above 
 sufficient to give an idea of the numbers anfl 
 variety of animals at these spectacles ; but tlia 
 list of beasts which were collected by the younge 
 Gordian for his triumph, and were exhibited b| 
 his successor Philip at the Secular Games, da 
 serve mention on account of their variety and th 
 rarity of some of them. Among these we fln| 
 mention of 32 elephants, 10 elks, 10 tigers (whicl 
 seem to have been very seldom exhibited), 6ff 
 tame lions, 30 tame leopards, 10 hyajnas, an 
 hippopotamos and rhinoceros, 10 archoleontes (it 
 is unknown what they were), 10 camelopards, 
 20 onagri (wild asses, or perhaps zebras), 40 wild 
 horses, and an immense niunber of similar animals. 
 (Vopisc. Gordian, 33.) 
 
 How long these spectacles continued is un- 
 certain, but they were exhibited after the abolition 
 of the shows of gladiators. There is a law of 
 Ilonorius and Theodosius, providing for the safe 
 convoy of beasts intended for the spectacles, and 
 inflicting a penalty of five pounds of gold upon any 
 one who injured them. (Cod. 11. tit. 44.) They 
 were exhibited at this period at the praetorian 
 games, as we leam from Symmachus. (Epist. ix. 
 70, 71. 12G, &c.) Wild beasts continued to be 
 exhibited in the games at Constantinople as late 
 as the time of Justinian. (Procop. I/id. Arc. c. 9.) 
 
 Ill the bas-reliefs on the tomb of Scaui-us at 
 Pompeii, there are representations of combats with 
 wild beasts, which are copied in the following 
 woodcuts from Mazois {Pomp. i. pi. 32, 33). On 
 tlie same tomb gladiatorial combats are repre- 
 sented, which are figured on pp. 45G and 457 of 
 this work. 
 
VENEFICIUM. 
 
 VENEFICIUM. 
 
 1031 
 
 The first represents a man naked and unarmed I defenceless state had of course only their agility to 
 lietween a lion and a panther. Persons in this | trust to in order to escape from the beasts. In the 
 
 second cut we see a similar person against whom a the same relief there is a wolf running at full speed, 
 wild boar is rushing, and who appears to be pre- and also a stag with a rope tied to his horns, who 
 paring for a spring to escape from the animal. In has been pulled down by two wolves or dogs. The 
 
 third relief is supposed by Mazois to represent the 
 training of a bestiarius. The latter has a spear in 
 each hand ; his left leg is protected by greaves, 
 and he is in the act of attacking a panther, whose 
 movements are hampered by a rope, which fastens 
 him to the bull behind him, and which accordingly 
 places the bestiarius in a less dangerous position, 
 though more caution and activity are required than 
 if the beast were fixed to a single point. Behind 
 the bull another man stands with a spear, who 
 seems to be urging on the animal. The fourth 
 woodcut represents a man equipped in the same 
 ■way as the matador in the Spanish bull-fights in 
 the present day, namelj-, with a sword in one hand 
 and a veil in the other. The veil was first em- 
 
 ployed in the arena in the time of the emperor 
 Claudius. (Plin. H. N. viii. 21.) 
 
 VENEFI'CIUM, the crime of poisoning, is 
 frequently mentioned in Roman history. Women 
 were most addicted to it ; but it seems not im- 
 probable that this charge was frequently brought 
 against females without sufficient evidence of their 
 guilt, like that of witchcraft in Europe in the 
 middle ages. We find females condemned to 
 death for this crime in seasons of pestilence, when 
 the popular mind is always in an excited state 
 and ready to attribute the calamities under which 
 they suffer to the arts of evil-disposed persons. 
 ■Thus the Athenians, when the pestilence raged in 
 their city during the Peloponnesian war, supposed 
 the wells to have been poisoned by the Pelopon- 
 nesians (Thucyd. ii. 48), and similar instances 
 occur in the history of almost all states. Still 
 however the crime of poisoning seems to have 
 been much more frequent in ancient than in 
 modem times; and this circumstance would lead 
 persons to suspect it in cases when there was no real 
 ground for the suspicion. Respecting the crime of 
 poisoning at Athens, see ^APMA'KHN TPA^H'. 
 
 The first instance of its occurrence at Rome in 
 
 any public way was in the consulship of M. 
 Claudius Marcellus and C. Valerius, B. c. 331, 
 when the city was visited by a pestilence. After 
 many of the leading men of the state had died by 
 the same kind of disease, a slave-girl gave informa- 
 tion to the curule aediles that it was owing to 
 poisons prepared by the Roman matrons. Follow- 
 ing her information they surprized about twenty 
 matrons, among whom were Cornelia and Sergia, 
 both belonging to Patrician families, in the act of 
 preparing certain drugs over a fire ; and being 
 compelled by the magistrates to drink these in the 
 forum, since they asserted that they were not 
 poisonous, they perished by their o\vn wickedness. 
 Upon this further informations were laid, and as 
 many as a hundred and seventy matrons were con- 
 demned. ( Liv. viii. 1 8 ; compare Val. Max. ii. 5. 
 § 3; August, dc Civ. Dei, iii. 17.) We next read of 
 poisoning being carried on upon an extensive scale 
 as one of the consequences of the introduction of the 
 Worship of Bacchus. (Liv. xxxix. 8.) [Dionvsia, p. 
 343.] In B. c. 184, the praetor, Q. Naevius Matho, 
 was commanded by the senate to investigate such 
 cases {de veneficiis ymierere) : he spent four months 
 in the investigation, which was principally carried 
 on in the mimicipia and conciliabula, and, according 
 to Valerius of Antium, he condemned 2000 
 persons. (Liv. xxxix. 38. 41.) We again find 
 mention of a pulilic investigation into cases of 
 poisoning by order of the senate, in b. c. 180, 
 when a pestilence raged at Rome, and many 
 of the magistrates and other persons of high rank 
 had perished. The investigation was conducted 
 in the city and within ten miles of it by the 
 praetor C. Claudius, and beyond the ten miles 
 by the praetor C. Maenius. Hostilia, the widow 
 of the consul C. Calpumius, who had died in that 
 year, was accused of having poisoned her husband, 
 and condemned on what appears to have been mere 
 suspicion. (Liv. xl. 37.) Cases of what may be 
 called private poisoning, in opposition to those 
 mentioned above, frequently occurred. The speech 
 of Cicero in behalf of Cluentius supplies us with 
 several particulars on this subject. Under the 
 Roman emperors it was earned on to a great 
 extent, and some females, who excelled in the art, 
 were in great request. One of the most celebrated 
 of these was Locusta, who poisoned Claudius at 
 
103-2 
 
 VERBENA. 
 
 VESTALES. 
 
 the command of Agrippina, and Britannicus at that 
 of Nero, the latter of whom even placed persons 
 under her to be instructed in the art. (Tacit. 
 Annal. xii. GO ; xiii. 15 ; Suet. Ner. 33 ; Juv. i. 71.) 
 
 The first legislative enactment especiall}' directed 
 against poisoning was a law of the dictator Sulla — 
 Le.x Cornelia de Sicariis et Veneficis — passed in 
 B. c. 82, which continued in force, with some 
 alterations, to the latest times. It contained pro- 
 visions against all who made, bought, sold, pos- 
 sessed, or gave poison for the purpose of poisoning. 
 (Cic. pro Clmnt. 54 ; Marcian, Dig. 48. tit. 8. s. 3 ; 
 Inst. 4. tit. 18. s. 5.) The punishment fixed by 
 this law was, according to Marcian, the deportatio 
 in insulam and the confiscation of property ; but it 
 was more probably the interdictio aquae et ignis, 
 since the deportatio under the emperors took the 
 place of the interdictio, and the expression in the 
 Digest was suited to the time of the writers or 
 compilers. [Cornelia Lex de Sicariis, &c., 
 p. 286.] By a senatusconsultum passed sub- 
 sequently, a female, who gave drugs or poison for 
 the pur])ose of producing conception even without 
 any evil intent, was banished {relegatus)^ if the 
 person to whom she administered them died in conse- 
 quence. By another senatusconsultum all druggists 
 (pUpnentarii), who administered poisons carelessly 
 " purgationis causa," were liable to the penalties 
 of this law. In the time of Marcian (that of 
 Alexander Severus) this crime was punished capi- 
 tall)' in the case of persons of lower rank (Jiumili- 
 ores), who were exposed to wild beasts, but persons 
 of liigher rank {altiores) were condemned to the 
 deportatio in insulam. (Dig. I. c.) 
 
 The word Veneficium was also applied to potions, 
 incantations, &c. (Cic. Bnit. GO ; Petron. 118); 
 whence we find Vencjicus and Vtmfica used in the 
 sense of a sorcerer and sorceress in general. 
 
 VER SACRUM (eros Up6v). It was a custom 
 among the early Italian nations, especially among 
 the Sabines, in times of great danger and distress, 
 to vow to the deity the sacrifice of everything born 
 in the next spring, that is between the first of 
 March and the last day of April, if the calamity 
 under which they were labouring should be re- 
 moved. (Fest. V. Ver saerum ; Liv. xxii. 9, 10 ; 
 xxxiv. 44 ; Strab. v. p. 172 ; Sisenna ap.A^ori. xii. 
 18 ; Serv. ad Aen. vii. 790.) This sacrifice in the 
 early times comprehended both men and domestic 
 animals, and there is little doubt that in many 
 cases the vow was really carried into eifect. But 
 in later times it was thought cruel to sacrifice so 
 many innocent infants, and accordingly the follow- 
 ing expedient was adopted. The children were 
 allowed to grow up, and in the spring of their 
 twentieth or twenty-first year they were with 
 covered faces driven across the frontier of their 
 native countiy, whereupon they went whitherso- 
 ever fortune or the deity might lead them. Many 
 a colony had been founded by persons driven out 
 in this manner ; and the Mamertines in Sicily 
 were the descendants of such devoted persons. 
 (Fest I. c. and s. v. Mamertini; Compare Dionys. 
 i. 1() ; Plin. //. N. iii. 18 ; Justin, xxiv. 4 ; Liv. 
 xxxiiL 44.) In the two historical instances in 
 which the Romans vowed a ver sacrum, that is, 
 after the battle of lake Trasimenus and at the close 
 of the second Punic war, the vow was confined to 
 domestic animals, as was expressly stated in the 
 vow. (Liv. I. c; Plut. Fab. Mii.i: 4.) [L. S.] 
 
 VERBE'NA. [Sagmina.] 
 
 VERBENA'RIUS. [Fetialis.] 
 VERNA. [Servus (Roman), p. 870. 872.] 
 VERSO IN REM ACTIO. [Servus (Ro- 
 man), p. 870.] 
 
 VERSU'RA. [Interest of Money, p. 526.] 
 VERU, VERU'TUM. [Ha.sta, p. 468.] 
 VESPAE, VESPILLO'NES. [FuNus,p. 439.] 
 VESTA'LES, the virgin priestesses of Vesta 
 who ministered in her temple and watched the 
 eternal fire. Their existence at Alba Longa is 
 connected with the earliest Roman traditions, for 
 Silvia the mother of Romulus was a member of the 
 sisterhood (Liv. i. 20; Dionys. i. 76); their esta- 
 blishment in the city, in common with almost all 
 other matters connected with state religion, is ge- 
 nerally ascribed to Numa (Dionys. ii. 65 ; Plut. 
 Num. 10), who selected four (their names are 
 given in Plutarch), two from the Titienses and 
 two from the Ramnes (Dionys. ii. 67 ; Festus,s. f. 
 Sc.T Vestae), and two more were subsequently 
 added from the Luceres, by Tarquinius Priscus ac- 
 cording to one authority (Plut. Num. I. c), by 
 Servius TuUius according to another. (Dionys. iii. 
 67.) Tills number of six remained unchanged at 
 the time when Plutarch wrote, and the idea that 
 it was afterwards increased to seven rests upon 
 very unsatisfactory evidence. (See Memoircs de 
 V Academie des hiscript. tom. iv. p. 167 ; Amhros. 
 Epist. w.ZX.c. Symmach.dLiiA. the remarks of Lipsius.) 
 
 They were originally chosen {capere is the tech- 
 nical word) by the king (Liv. i. 3. 20 ; Dionys. 
 II. cc.) and during the republic and empire by the 
 Pontifex Maximus. It was necessary that the 
 maiden sliould not be under six nor above ten 
 years of age, perfect in all her limbs, in the full 
 enjoyment of all her senses, patrima et matrima 
 [Patrimi], the daughter of free and freeborn pa- 
 rents who had never been in slavery, who followed 
 no dishonourable occupation, and whose home was 
 in Italy. (Gell. i. 12.) The lex Papia ordained 
 that when a vacancy occurred the Pontifex Maxi- 
 mus should name at his discretion twenty qualified 
 damsels, one of whom was publicly {in concione) 
 fixed upon by lot, an exemption being granted in 
 favour of such as had a sister already a vestal and 
 of the daughters of certain priests of a high class. 
 (Gell. 1. c.) The above law appears to have been 
 enacted in consequence of the unwillingness of fa- 
 thers to resign all control over a child, and this 
 reluctance was manifested so strongly in later times 
 that in the age of Augustus liberiinae were declared 
 eligible. (Dion Cass. Iv. 22 ; Suet. Octav. 31.) 
 The casting of lots moreover does not seem to have 
 been practised if any respectable person came for- 
 ward voluntarily and offered a daughter who ful- 
 filled the necessary conditions. As soon as the 
 election was concluded the Pontifex Maximus took 
 the girl by the hand and addressed her in a solenm 
 form preserved by Aulus Gellius from Fabius Pictor. 
 Sacerdotem. Vestalem. Quae. Sacra. Faciat. 
 Quae. Ious. Siet. Sacerdotem. Vestalem. 
 Facere. Pro. Populo. Romano. Quiritium. 
 Utei. Quae. Optima. Lege. Fovit. Ita. Te. 
 Amata. Capio. where the title Amata seems 
 simply to signify " beloved one," and not to refer 
 as Gellius supposes to the name of one of the ori- 
 ginal Vestals, at least no such name is to be found 
 in the list of Plutarch alluded to above. After 
 these words were pronounced she was led away to 
 the atrium of Vesta, and lived thenceforward with- 
 in the sacred precincts under the special superin- 
 
VESTALES. 
 
 tenclence and control of the pontifical college. 
 (Dionys. ii. 67 ; Liv. iv. 44 ; viii. 15 ; Plin. Ep. 
 iv. ll"; Suet. Odai: 31 ; Gell. i. 12.) 
 
 The period of service lasted for thirty years. 
 During the lirst ten the priestess was engaged in 
 learning her mysterious duties, being termed disci- 
 pula (Val. Max. i. 1. § 7), during the next ten in 
 performing them, during the last ten in giving in- 
 structions to the novices (Dionys. I.e.; Plut. I.e.; 
 Ijenec. de rit. heat. 29), and so long as she was 
 thus employed she was bound by a solemn vow of 
 chastity. But after the time specified was com- 
 pleted she might, if she thought fit, throw off the 
 emblems of her office (Dionys. I. e.), unconsecrate 
 herself (e.mi'f/urare, Goll. vi. 7), return to the 
 world and even enter into the marriage state. 
 (Plut. /. c.) Few however availed themselves of 
 these privileges ; those who did were said to have 
 lived in sorrow and remorse (as might indeed have 
 been expected from the habits they had formed) ; 
 hence such a proceeding was considered ominous, 
 and the priestesses for the most part died as they 
 iiad lived in the service of the goddess. (Tacit. 
 J)in. ii. 8b' ; Inscrip. quoted by Grouov. ad Tacit. 
 Aiiti. iii. 6'4.) 
 
 The senior sister was entitled Vestalh Maaima, 
 or Virt/o Maaima (Ovid, Fast. iv. 639 ; Suet. Jul. 
 83 ; Domit. 8 ; Orell. Inscript. n. 2233, &c. ; 77 
 7rp6(rg6uou(Ta, Dion. Cass. liv. 24 ; 7; dpx'^P^'S 
 Ixxix. 9), and we find also the expressions Vesta- 
 hum vetustissimam (Tacit. Ann. xi. 32) and ires 
 iitajeimae. (Serv. ad Viiy. Eel. viii. 82.) 
 
 Their chief office was to watch by turns, night 
 iind day, the everlasting fire wliich blazed upon 
 tlie altar of Vesta (Virginesque Vestales in 
 
 I'RBE CUSTODIU.VTO IGNEM FOCI PUBLICI .SEMPI- 
 
 TERNUM, Cic. de Le;/. ii. 8. 12; Liv. xxviii. 11; 
 V^il. Max. I. i. g 6 ; Senec. de Prov. 5), its extinc- 
 tion being considered as the most fearful of all pro- 
 digies, and emblematic of the extinction of the 
 >tate. (Dicmys. ii. 67 ; Liv. xxvi. 1.) If such mis- 
 fortune befidl and was caused by the carelessness 
 'f the priestess on duty, she was stripped and 
 scourged by the Pontifex Maximus, in the dark 
 iiid with a screen interposed, and he rekindled the 
 Hame by the friction of two pieces of wood from a 
 I'clix arbor. (Dionys., Plut., Val. Max. II. ec.; Fes- 
 tus, s. V. I<jnis.) Their other ordinary duties con- 
 sisted in presenting offerings to the goddess at 
 stated times, and in sprinkling and purifying the 
 ihrine eacli morning with water, which according 
 to the institution of Numa was to be drawn from 
 the Egerian fount, although in later times it was 
 oonsidered lawful to employ any water from a liv- 
 ing spring or running stream, but not such as had 
 oassed through pipes. When used for sacrificial 
 purposes it was mixed with muries, that is, salt 
 which had been pounded in a mortar, thrown into 
 m earthen jar, and baked in an oven. (Ovid. Fast. 
 li. 11 ; Propert. iv. 4. 15 ; Plut. Nam. 13 ; Fest. 
 . r. Muries.) They assisted moreover at all great 
 public holy rites, such as the festivals of the Bona 
 Dea (Dion Cass, xxxvii. 45) and the consecration 
 'f temples (Tacit. Hut. iv. 53), they were invited 
 to priestly banquets (Macrob. ii. 9 ; Dion Cass. 
 ^Ivii. 19), and we are told that they were present 
 It the solemn appeal to the gods made by Cicero 
 lui •ing the conspiracy of Catiline. (Dion Cass, 
 "cxxvii. 35.) They also guarded tlie sacred relics 
 vhich formed the fatale pignus imjierii, the pledge 
 ;ranted by fate for the permanency of the Roman 
 
 VESTALES. 
 
 1033 
 
 sway, deposited in the inmost adytum (penus Tes- 
 tae, see Festus, s. v.) which no one was permitted 
 to enter save the virgins and the chief pontifex. 
 What this object was no one knew, some supposed 
 that it was the Palladium, others the Samothracian 
 gods carried by Dardanus to Troy and transported 
 from thence to Italy by Aeneas, but all agreed in 
 believing that something of awful sanctity was 
 here preserved, contained, it was said, in a small 
 earthen jar closely sealed, while another exactly 
 similar in fom, but empty, stood by its side. 
 (Dionys. i. 69; ii. 66; Plut. Ca?nill. 20; Liv. 
 xxvi. 27 ; Lamprid. Elagab.Q; Ovid, Fast. vi. 365 ; 
 Lucan, ix. 994.) 
 
 We have seen above that supreme importance 
 was attached to the purity of the Vestals, and a 
 terrible punishment awaited her who violated the 
 vow of chastity. According to the law of Numa 
 she was simply to be stoned to death (Cedrenus, 
 Hist. Comp. p. 148, or p. 259. ed. Bekker), but a 
 more cruel torture was devised by Tarquinius 
 Prisons (Dionys. iii. 67 ; Zonaras, vii. 0) and in- 
 flicted from that time forward. When condemned 
 by the college of pontifices, she was stripped of her 
 vittae and other badges of office, was scourged 
 (Dionys. ix. 40), was attired like a corpse, placed 
 in a close litter and borne through the forum at- 
 tended by her weeping kindred, with all the cere- 
 monies of a real funeral, to a rising ground called 
 the Campus Seeleratus, just within the city walls, 
 close to the CoUine gate. There a small vault 
 underground had been previously prepared, con- 
 taining a couch, a lamp, and a table with a little 
 food. The Pontifex Maximus, having lifted up his 
 hands to heaven and uttered a secret prayer, opened 
 the litter, led forth the culprit, and placing her on 
 the steps of the ladder which gave access to the 
 subterranean cell, delivered her over to the common 
 executioner and his assistants, who conducted her 
 dowm, drew up the ladder, and having filled the 
 pit with earth until the surface was level with the 
 surrounding ground, left her to perish deprived of 
 all the tributes of respect usually paid to the- spirits 
 of the departed. In every case the paramour was 
 publicly scourged to death in the forum. (Plut. 
 Num. 10; Fab. ATax. 18; Quaesi. Rom. torn. vii. 
 p. 154. ed. Reiske; Dionys. ii. 67; iii. 67; viii. 89 ; 
 ix. 40; Liv. iv. 44; viii. 15; xxii. 57; Plin. Ep. 
 iv. II; Suet. Dom. 8 ; Dion Cass. Ixvii. 3 ; Ixxvii. 
 1 6, and fragg. xci, xcii ; Festus s. v. Prohrum et 
 Seeleratus Campus.) 
 
 But if the labours of the Vestals were unre- 
 mitting and the rules of the order rigidly and 
 pitilessly enforced, so the honours they enjoyed 
 were such as in a great measure to compensate for 
 their privations. They were maintained at the 
 public cost and from sums of money and land be- 
 queathed from time to time to the coi-poration. 
 (Suet. Oetav. 31 ; Tib. 76 ; Sicul. Flacc. 23. ed. 
 Goes.) From the moment of their consecration 
 they became as it were the property of the goddess 
 alone, and were completely released from all 
 parental sway without going through the form of 
 emancipatio or suffering any capitis deminutio. (Gell. 
 i. II.) They had a right to make a will, and to 
 give evidence in a court of justice without taking 
 an oath (Ciell. x. 15), distinctions first conceded by 
 a Horatian law to a certain Caia Tarratia or 
 Fufetia, and afterwards communicated to aU. (Gell. 
 i. 12; Gains, i. 145 ; compare Plin. //. A*', xxxiv. 
 11.) From the time of the triumviri each was 
 
1034 
 
 VESTALES. 
 
 VIAE. 
 
 preceded by a lictor when she went abroad (Dion 
 Cass, xlvii. 19), consuls and praetors made way for 
 them, and lowered their fasces (Senec. Controoers. 
 vi. 8 ; compare Plut. Tih. Graivh. 15), even the 
 triliunes of the plebs respected their holy character 
 (Uros. V. 4 ; Suet. Tib. 2 ; compare Cic. pro Cucl. 
 14 ; Val. Max. v. 4. § C), and if any one passed 
 under then- litter he was put to death. (Plut. A^«w. 
 
 10. ) Augustus granted to them all the rights of 
 matrons who had bonie three children (Dion Cass. 
 Ivi. 10 ; Plut. 1. c), and assigned them a conspicu- 
 ous place in the theatre (Suet. Octai\ 44 ; Tacit. 
 Ann. iv. 16), a privilege which they had enjoyed 
 before at the gladiatorial shows. (Cic. pro Muren. 
 35.) Great weight was attached to their interces- 
 sion on behalf of those in danger and difficulty, of 
 which we have a remarkable example in the en- 
 treaties which they addressed to Sulla on behalf of 
 Julius Caesar C&uet.Jul. 1 ; compare C'K.pro Font. 
 17 ; Suet. Vitell. 16 ; Dion Cass. Ixv. 18 ; Tacit. 
 Aim. iii. 69 ; xi. 32 ; Hist. iii. 81), and if they 
 chanced to meet a criminal as he was led to pu- 
 nishment they had a right to demand his release, 
 provided it could be proved that the encounter was 
 accidentsil. Wills, even those of the emperors, 
 were committed to their charge (Suet. Jul. 83 ; 
 Octav. 101 ; Tacit. Ann. i. 8), for when in such 
 keeping they were considered inviolable (Plut. 
 Anton. 58) ; and in like manner very solemn 
 treaties, such as that of the triumvirs with Sextus 
 Pompeius, were placed in their hands. (Appian, 
 
 11. C. V. 73 ; Dion Cass, xlviii. 37 and 46 ; com- 
 pare xlviii. 12.) That they might be honoured in 
 death as in life, their ashes were intended within 
 the pomoerium. (Serv. ad Vir<j. Acn. xi. 206.) 
 
 They were attired in a stola over which was an 
 upper vestment made of linen (Val. Max. i. 1. § 7; 
 Dionys. ii. 68 ; Plin. Ep. iv. 11), and in addition 
 to the Infula and white woollen Vitta they wore 
 when sacrificing a peculiar head-dress called siiffi- 
 i«/a7H, consisting of a piece of white cloth bordered 
 with purple, oblong in shape, and secured by a 
 clasp. (Festus, s. v. Suffibu/um.) In dress and 
 general deportment they were required to observe 
 the utmost simplicity and deconun, any fanciful 
 ornaments in the one or levity in the other being 
 always regarded with disgust and suspicion. (Liv. 
 iv. 44 ; viii. 15 ; Plin. £p. iv. 11 ; Ovid, F«s<. iv. 
 285.) \Ve infer from a passage in Pliny (//. N. 
 xvi. 85) that their hair was cut off, probaljlyat the 
 period of their consecration ; whether this was re- 
 peated from time to time does not appear, but they 
 are never represented witfi flowing locks. The 
 first of the following cuts, copied from a gem 
 (Montfaucon, Ant. Eap. i. pi. xxviii. ; Suppi/em. t. i. 
 pi. xxiii.), represents the Vestal Tuccia who when 
 wrongfully accused aj>pealed to the goddess to vin- 
 dicate her honour, and had power given to her to 
 carry a sieve full of water from the Tiber to the 
 temple. (Val. Max. viii. 1. § 5 ; PUn. II. N. 
 xxviii. 2.) The form of the upper gannent is 
 here well seen. The second is from a denarius of 
 the Gens Clodia, representing upon the reverse a 
 female priestess with a simpuvium in her hand, 
 and bearing the legend VESTALIS ; on the ob- 
 verse is a head of Flora with the words C. 
 CLODIVS C. F. Two Vestals belonging to this 
 gens were celebrated in the Roman Annals. (See 
 Ovid, Fast. iv. 279 ; Suet. Ti//. 2 ; Augustin. de 
 Civ. Dri, X. 16; Herodian. i. 1 1.) [Triumi'HU.s, 
 p. 1007.] The coin seems to have been struck to 
 
 commemorate the splendour of the Floralia as ex- 
 hibited during the famous aedileship of C. Clodius 
 Pulcher B. c. 99. (Cic. dc Off. ii. 16 ; c. Verr.'vi. 
 2 ; Plin. H. N. xxxv. 4.) 
 
 (Lipsius, dc Vesta et Vestalibus Syntagma, and 
 Noehden, " On the worship of Vesta, &c. Clas- 
 sical Jommal, vol. xv. 123, vol. xvi. 321," have 
 collected most of the authorities on this subject ; 
 Gottling, Ocsc/m-ldc der Rom. Staatsverf. p. 189.) 
 
 VESTl'BULUM. [House (Roman), p. 495 ; 
 Janua, p. 506.] 
 
 VESTICEPS. [Impubes, p. 510.] 
 
 VETERA'NUS. [Tiro.] 
 
 VEXILLA'Rll. [Army (Roman), p. 94 
 
 VEXILLUM. [Si(iNA MiLiTARiA, p. 883 
 
 VIAE. Three words are employed by the 
 man jurists to denote a road, or a right of r 
 Iter, Actus, Via. Strictly speaking Iter was ap- 
 plicable to a foot-path only. Actus to a bridle- way, 
 Via to a carriage-road. (Dig. 8. tit. 1. s. 13 ; tit. 
 3. s. 1 ; s. 7, 8. 12.) [Compare Servitutes, 
 p. 864.] 
 
 We next find Viae divided into prirutae or 
 agrariae and pidilic-ae, the former being those the 
 use of which was free while the soil itself remained 
 private property, the latter those of which the use, 
 the management, and the soil were alike vested in 
 the state. Viae Vicinales (^r/uae in i-icis sunt vd 
 quae in ricos ductint), bcmg country cross-roads 
 merging in the great lines, or at all events not 
 leading to any important tenninus, might be either 
 puhlicac or privatae according as they were formed 
 and maintained at the cost of the state or by the 
 contributions of private individuals. (Dig. 43. tit. 
 8. s. 2. § 21, 22 ; tit. 7. s. 3 ; Sicul. Flacc. de 
 Cond. A<jr. p. 9. ed. Goes.) The Viae jmUicae of 
 the highest class were distinguished by the epithets 
 militarcs, consuhires, praetoriae, answering to the 
 terms o8oi fiaaiKiKoX among the Greeks and king't 
 hiyhway among ourselves. 
 
I VIAE. 
 
 " That pubKc roads of some kind must have ex- 
 sted from the very foundation of the city is 
 oanifest, but as very little friendly intercourse 
 xisted with the neighbouring states for any length 
 if time without interruption, they would in all 
 irobability not extend beyond the narrow limits 
 if the Roman territory, and would be mere muddy 
 racks used by the peasants in their jouniies to 
 md from market. It was not until the period of 
 he long protracted Samnite wars that the neces- 
 ity was strongly felt of securing an easy, re- 
 gular, and safe conununication between the city 
 md the legions, and then for the first time we 
 lear of those famous paved roads, which, in after 
 igcs, keeping pace with the progress of the Roman 
 irms, connected Rome with her most distant pro- 
 inces, constituting not only the most useful, but 
 ,he most lasting of all her works. (Strabo, v. 
 ). 235.) The excellence of the principles upon 
 vhich they were constructed is sufficiently attested 
 jy their cxtraordinarj' durabilit}', many specimens 
 leing found in the country around Rome which 
 Kive been used without being repaired for more 
 han a thousand years, and are still in a high state 
 if preservation. 
 
 The Romans are said to have adopted their first 
 deas upon this subject from the C;irthaginians 
 Isidor. XV. 16. § G), and it is extremely probable 
 hat tlie latter people may, from their commercial 
 ictivity, and the sandy nature of their soil, have 
 jeen compelled to turn their attention to the best 
 ncans of facilitating the conveyance of merchan- 
 bze to diiferent parts of their territory. It must 
 lot be imagined, however, tliat the Romans em- 
 iloyed from the first the elaborate process which 
 •ve are about to describe. The first step would be 
 nun the Via Terrena (Dig. 43. tit. 11. s. 2), the 
 Here track worn by the feet of men and beasts 
 iikI the wheels of waggons across the fields, to the 
 ( V(t Glareata, where the surface was hardened by 
 aavcl ; and even after pavement was introduced 
 ,he blocks seem originally to have rested merely 
 )n a bed of small stones. (Liv. xli. 27 ; compare 
 Liv. X. 23. 47.) 
 
 Livy has recorded (ix. 29) that the censorship 
 it Appius Caecus (b. c. 312) was rendered cele- 
 jiuted in after ages from his having brought 
 vvater into the city and paved a road {qitod viam 
 iiaiuvii et aquam in urhcm pcrdiuit), the renowned 
 I'm Appia, which extended in the first instance 
 mm Rome to Capua, although we can scarcely 
 -uppose that it was carried so great a distance in a 
 >iiigle lustnim. (Niebuhr, R'6in. Gcsch. iii. p. 3oG.) I 
 We undoubtedly hear long before this period of j 
 the Via Laliiia (Liv. ii. 39), the Via Gahina 
 (Liv. ii. 1 1 ; iii. G ; v. 49) ; and the Via tsalaria 
 (Liv. \-ii. 9), &c. ; but even if we allow that Livy 
 dues not employ these names by a sort of prolepsis, 
 in order to indicate conveniently a particular direc- 
 tiim, (and that he does speak by anticipation when 
 he refers to milestones in some of the above pas- 
 sages is certain,) yet we have no proof whatever 
 tliat they were laid down according to the method 
 iifterwards adopted with so much success. (Com- 
 pare Liv. vii. 39.) 
 
 Vitruvius enters into no details with regard to 
 road-making, but he gives most minute directions 
 for pavements, and the fragments of ancient pave- 
 ments still existing and answering to his descrip- 
 tion correspond so exactly with the remains of 
 che militiiry roads, that we cannot doubt that the 
 
 VIAE. 1035 
 
 processes followed in each case were identical, and 
 thus Vitruvius (vii. 1), combined with the poem 
 of Statins {Silv. iv. 3), on the Via Domitiana, will 
 supply all the technical terms. 
 
 In the first place, two shallow trenches {sulci) 
 were dug parallel to each other, marking the breadth 
 of the proposed road ; this in the great lines, such 
 as the Via Appia, the Via Flaminia, the Via 
 Valeria, &c., is found to have been from 13 to 15 
 feet, the Via Tusculana is 11, while those of less 
 importance, from not being great thoroughfares, such 
 as the Via which leads up to the temple of Jupiter 
 Latialis, on the siunmit of the Alban Mount, and 
 which is to this day singularly perfect, seem to 
 have been exactly 8 feet wide. The loose earth be- 
 tween the Sulci was then removed, and the excava- 
 tion continued until a solid foundation {grcmiiiin) 
 was reached, upon which the materials of the road 
 might firmly rest ; if this could not be attained, in 
 consequence of the swampy nature of the ground 
 or from any peculiarity in the soil, a basis was 
 formed artificially by driving piles (Jixtucationibus.) 
 Above the gremium were four distinct strata. The 
 lowest course was the statumcn, consisting of 
 stones not smaller than the hand could just grasp ; 
 above the statumen was the riulus, a mass of 
 broken stones cemented with lime, (what masons 
 call riMle-ivork,) rammed down hard and nine 
 inches thick ; above the nidus came the tmcleus, 
 composed of fragments of bricks and pottery, the 
 pieces being smaller than in the rudus, cemented 
 with lime and 6 inches thick. Uppermost was 
 the pavimcntum, large polygonal blocks of the 
 hardest stone {sUeoc), usually, at least in the vi- 
 cinity of Rome, basaltic lava, irregular in fonn 
 but fitted and jointed with the greatest nicety 
 {u]}ta Janyitur arte silei; Tibull. i. 7. GO), so as to 
 present a perfectly even surface, as free from gaps 
 or irregularities as if the whole had been one solid 
 mass, and presenting much the same extern:d ap- 
 pearance as the most carefully built polygon;d walls 
 of the old Pelasgian towns. The general aspect 
 will be understood from the cut given below of a 
 portion of the street at the entrance of Pompeii. 
 (Mazois, Les Rui?ies de Poinpei, vol. i. pi. xxxvii.) 
 
 The centre of the way was a little elevated so 
 as to permit the water to run off easily, and hence 
 
1036 
 
 \aAE. 
 
 VIAE. 
 
 the terms agger viae (Isidor. xv. 16. § 7; Ammian. 
 Marcellin. xix. 16; Compare Virg. y1c«. v. 273) ; 
 and smmnum dorsum (Stat. /. c), although both 
 may be applied to the whole surface of the pavi- 
 meiitum. Occasionally, at least in cities, rectan- 
 gular slabs of softer stone were employed instead 
 of the irregular polygons of silex, as we perceive 
 to have been the case in tlie forum of Trajan, 
 which was paved with travertino, and in part of 
 the great forum under the column of Phocas, and 
 hence the distinction between the phrases silice 
 slcrnere and scuco quadruto sterncre. (Liv. x. 23 ; 
 xli. 27.) It must be observed, that while on the 
 one hand recourse was had to piling, when a solid 
 foundation could not otherwise be obtained, so, on 
 the other hand, when the road was carried over 
 rock, the staturaen and the rudus were dispensed 
 with altogether, and the nucleus was spread im- 
 mediately on the stony surface previously smoothed 
 to receive it. This is seen to have been the case, 
 we are infomcd by local antuiuaries, on the Via 
 A])pia, below Albano, where it was cut through a 
 mass of volcanic peperino. 
 
 Nor was this all. Regular foot-paths {Margines, 
 Liv. xli. 27, crepidines, Petron. 9 ; Orelli, Inscrip. 
 n. 3844 ; timhones, Stat. SUv. iv. 3. 47) were 
 raised upon each side and strewed with gravel, 
 the dift'erent parts were strengthened and bound 
 together with gumjild or stone wedges (Stat. I. c), 
 and stone blocks were set up at moderate intervals 
 on the side of the foot-paths, in order that travel- 
 lers on horseback might be able to mount without 
 the aid of an avaSoK^vs to hoist them up. (Plut. 
 C. Graccli. 7.) [Stratores.] 
 
 Finally, Caius Gracchus (Plut. I. c.) erected 
 milestones along the whole extent of the great 
 highways, marking the distances from Rome, 
 which appear to have been counted from the 
 gate at which each road issued forth, and Au- 
 gustus, when appointed inspector of the viae 
 around the city, erected in the forum a gilded 
 column (xpuffoOv iuXiov — xpvaoiis k'iuv, milliurium 
 (i/ircum, Dion Cass. liv. 8 ; Plin. //. A'", iii. 5 ; 
 Suet. (Mil. G ; Tacit. Hist. i. 27). on which were 
 inscrilied the distances of the principal points to 
 wliich the viae conducted. Sonic have imagined, 
 from a passage in Plutarch {Galh. 24), that tlie 
 distances were calculated from the niilliariura 
 aureuin, but this seems to be disproved both by 
 the fact that the roads were all divided into miles 
 by C. Gracchus nearly two centuries before, and 
 also by the positicm of various ancient milestones 
 discovered in modem times. (See Holsten. de 
 Mitliario Aureo in Graev. T/ies. Antiq. Rom. torn, 
 iv. and Fabretti de Aquis et Aquacduciis, Diss. iii. 
 n. 25.) 
 
 It is certain tliat during the earlier ages of the 
 republic the construction and general superinten- 
 dence of the roads without, and the streets within, 
 the citv, were committed like all other unport;int 
 works to the censors. This is proved by the law 
 quoted in Cicero [dc leg. iii. 3), and by various 
 passages in which these magistrates are repre- 
 sented as having first formed and given their 
 names to great lines, such as the Via Appia and 
 the Via Flaminia, or as having executed import- 
 ant improvements and repairs. (Liv. ix. 29. 43; 
 E/jH. 20 ; xxii. 1 1 ; xli. 27 ; Anrel. Vict, de viris 
 Must. c. 72; Lips. E.rcurs. ad Tae. Ann. iii. 31.) 
 These duties, when no censors were in office, de- 
 volved upon the consuls, and in their absence on 
 
 the Praetor Urbanus, the Aediles, or such persona 
 as the senate thought fit to appoint. (Liv. xxxii 
 2 ; Cic. c. Verr. II. i. 49, 50. 59.) But during 
 the last century of the commonwealth the admini- 
 stration of the roads, as well as of every other de- 
 partment of public business, afforded the tribunes 
 a pretext for popular agitation. Caius Gracchus 
 in what capacity we know not, is said to have 
 exerted himself in making great improvements, 
 both from a conviction of their utility and with a 
 view to the acquirement of popularity (Plut. C. 
 Grax:ch. 7), and Curio, when tribune, introduced a 
 Lex Viaria for the constraction and restoration of 
 many roads and the appointment of himself to the 
 office of inspector (eTritrTaTijs) for five years, 
 (Appian. B. C. ii. 26 ; Cic. at/. Fam. viii. 6.) We 
 learn from Cicero {ad Att. i. 1), that Therraus, in 
 the 3'ear B. c. 65, was Curator of the Flaminian 
 Way, and from Plutarch (Cues. 5), that Julius 
 Caesar held the same office (67ri/teA.7)Trjs) with 
 regard to the Appian Way, and laid out great 
 sums of his own money upon it, but by whom 
 these appointments were conferred we cannot tell. 
 During the first years of Augustus, Agrippa, being 
 aedile, repriired all roads at his own proper ex- 
 pense ; subsequently the emperor, finding that the 
 roads had fallen into disrepair through neglect, 
 took upon himself the restoration of the Via 
 Flaminia as far as Ariminum, and distributed the 
 rest among the most distinguished men in the 
 state (t riump/ialibus riris), to be paved out of the 
 money obtained from spoils (<«' mantihiali pecunia 
 sternendas. Suet. Octav. 30 ; Dion Cass. liii. 22). 
 In the reign of Claudius we find that this charge 
 had fallen upon the quaestors, and that they were 
 relieved of it by him, although some give a diffe- 
 rent interpretation to the words. (Suet. Claud. 24.) 
 Cienerally speaking, however, under the empire, 
 the post of inspector-in-chief {curator), — and each 
 great line appears to have had a separate officer 
 with this appellation, — was considered a high 
 dignity (Plin. Ep. v. 15), insomuch that the title 
 was frequently assumed by the emperors them- 
 selves, and a great number of inscriptions are 
 extant, bearing the names of upwards of twenty 
 princes from Augustus to Constantine, commemo- 
 rating their exertions in making and maintaining 
 
 public ways. (Gruter, Corp. Inscrip. cxlix 
 
 clix.) 
 
 These curatores were at first, it would appear, 
 appointed upon special occasions, and at all times 
 must haVe been regarded as honorary functionaries 
 rather than practical men of business. But from 
 the beginning of the sixth century of the city there 
 existed regular commissioners, whose sole duty 
 appears to have been the care of the ways, four 
 {quatuorviri riarum) superintending the streets 
 within the walls, and two the roads without. (Dig. 
 i. tit. 2. s. 2. § 30. compared with Dion Cass. liv. 
 26.) When Augustus remodelled the inferior ma- 
 gistracies he included the former in the vigintivirate, 
 and abolished the latter ; but when he undertook, 
 the care of the viae around the city, he appointed 
 under himself two road-makers (oSoiroioOs, Dion 
 Cass. hv. 8), persons of praetorian rank, to whom 
 he assigned two lictors. These were probably in- 
 cluded in the number of the new superintendents 
 of public works instituted by him (Suet. Odav. 37), 
 and would continue from that time forward to dis- 
 charge their duties, subject to the supervision and 
 control of the curatores or inspectors-general. 
 
VIAE. 
 
 VIAE. 
 
 1037 
 
 Even the contractors employed (niancipes. Tacit. 
 inn.ii. 31) were proud to associate their names 
 viih these vast undertakings, and an inscription has 
 leen preserved (Orell. Inscrip. n. 32-21) in which 
 wife, in paying the last tribute to her husband, 
 iiscribes upon his tomb Mancipi Viae Appiae. 
 The funds required were of course derived, under 
 irdinary circumstances, from the public treasury 
 Dion Cass. liii. "22 ; Sicul. Place, de cond. ayr. p. 9. 
 ■d. Goes.), but individuals also were not unfre- 
 (uently found willing to devote their own private 
 neans to these great national enterprises. This, as 
 ve have already seen, was the case with Caesar and 
 Vgrippa, and we learn from inscriptions that the 
 xaniple was imitated by many others of less note. 
 f.jj. Gruter, clxi. n. 1 and 2.) The Viae Vicinales 
 vere in the hands of the rural authorities (mayidri 
 xif/oruni), and seem to have been maintained by vo- 
 iintary contribution or assessment, like our parish 
 oads (Sicul. Flacc. p. 9), while the streets within 
 he city were kept in repair by the inhabitants, 
 ach person being answerable for the portion oppo- 
 ite to his own house. (Dig. 43. tit. 10. s. 3.) 
 
 ()ur limits preclude us from entering upon so 
 arge a subject as the history of the numerous mili- 
 ary roads which intersected the Roman dominions. 
 SVe shall content ourselves with simply mentioning 
 hose which issued from Rome, together with their 
 ■nnst important branches within the bounds of 
 Italy, naming at the same time the principal towns 
 hrough which they passed, so as to convey a gene- 
 ■al idea of their course. For all the details and 
 -oiitroversies connected with their origin, gradual | 
 'xtension, and changes, the various stations upon 
 :'ach, the distances, and similar topics, we must 
 refer to the treatises enumerated at the close of 
 this article, and to the researches of the local anti- 
 )uaries, the most important of whom, in so far as 
 the southern districts are concerned, is RomaneUi. 
 
 Beginning our circuit of the walls at the Porta 
 Capena, the first in order, as in dignity, is, 
 
 I. The Via Appia, the Great South Road. It 
 was commenced, as we have already stated, by 
 Appius Claudius Caecus, when Censor, and has 
 always been the most celebrated of the Roman 
 ^V'ays. It was the first ever laid down upon a 
 grand scale and upon scientific principles, the natu- 
 ral obstacles which it was necessary to overcome 
 were of the most formidable nature, and when com- 
 pleted it well deserved the title of Queen of Roads 
 {rcr/ina inarum, Stat. SUi\ ii. 2. 12). We know 
 that it was in perfect repair when Procopius wrote 
 {Bdl. Goth. I. 14), long after the devastating in- 
 roads of the northern barbarians ; and even to this 
 day the cuttings through hills and masses of solid 
 rock, the filling up of hollows, the bridging of ra- 
 vines, the substructions to lessen the rapidity of 
 steep descents, and the embankments over swamps, 
 demonstrate the vast sums and the prodigious la- 
 bour that must have been lavished on its construc- 
 tion. It issued from the Porta Capena, and pass- 
 ing through Aricia, Tres Tabernae, Appii Forum, 
 Tarracina, Fundi, Formiae, MintMrime, Sinuesaa, 
 and Casilinum, tenninated at Capua, but was even- 
 tually extended through Calatia and Caudium to 
 Brnnx-ntum, and finally from thence through Venu- 
 sia, Tarentum, and Uria, to Bnindiisium. 
 
 The ramifications of the Via Appia most worthy 
 of notice, are, 
 
 (1.) The Via Setina, which connected it with 
 Sriia. Originally it would appear that the Via 
 
 Appia passed through Velitrae and Setia, avoiding 
 the marshes altogether, and travellers, to escape 
 this circuit, embarked upon the canal, which in the 
 days of Horace traversed a portion of the swamps. 
 
 (2.) The Via Domitiana struck off at Sinuessa, 
 and keeping close to the shore passed through 
 Litemum, Camae, Puteoli, Neapolis, Herculaneum, 
 Oplonti, Pompeii, and Stalnae to Surrentum, mak- 
 ing the complete circuit of the bay of Naples. 
 
 (3.) The Via Campana or Consularis from 
 Capua to Cumae sending off a branch to Puteoli 
 and another through Atel/a to Neapolis. 
 
 (4.) The Via Aquillia began at CapuaanA ran 
 south through Nola and Nuceria to Salernum, from 
 thence, after sending off a branch to Paestum, it 
 took a wide sweep inland through Eburi and the 
 region of the AIo7is Albiirnus up the valley of the 
 Tanager ; it then struck south through the very 
 heart of Lucania and Bruttium, and passing Neru- 
 lum, Interamnia and Cosentia, returned to the sea 
 at VUjo, and thence through Medina to Rhegium. 
 This road sent off a branch near the sources of the 
 Tanaijer, which ran down to the sea at lilanda on 
 the Laus Sinus and then continued along the whole 
 line of the Bruttian coast through Laus and Terina 
 to Viho, where it joined the main stem. 
 
 (5.) The Via Egn.itia began at Beneventum, 
 struck north through the country of the Hirpini to 
 Equotuticum, entered Apulia at Aeeae, and passing 
 through Herdonia, Cunusium, and Rubi, reached 
 the Adriatic at Barium and followed the coast 
 through Eynatia to Brundusium. This was the 
 route followed by Horace. It is doubtful whether 
 it bore the name given above in the early part of 
 its course. 
 
 (6.) The Via Trajana began at Venusia and 
 ran in nearly a straight line across Lucania to 
 Heraclea on the Sinv^ Tarentinus, thence following 
 southwards the line of the east coast it passed 
 through Tliurii, Croto, and Sci/llaciuw, and com- 
 pleted the circuit of Bruttium by meeting the Via 
 Aquillia at Rhegium. 
 
 (7.) A Via Minucia is mentioned by Cicero 
 (ad Att. ix. fi), and a Via Numicia by Horace 
 [Epist. i. 18. 20), both of which seem to have 
 passed through Sainnium from north to south, con- 
 necting the Valerian and AquiUian and cutting the 
 Appian and Latin ways. Their course is unknown. 
 Some believe them to be one and the same. 
 
 Returning to Rome, we find issuing from the 
 porta Capena, or a g-ate in its immediate vicinity 
 
 II. The Via Latin a, another great line leading 
 to Beneventmn, but keeping a course farther inland 
 than the Via Appia. Soon after leaving the city 
 it sent off a short branch (Via Tusculana) to 
 Tusculum, and passing through Compitum Anagni- 
 num, Ferentinmn, Frusino, Fregellae, Fabrateria, 
 Aquinum, Casinum, Vena/rum, Teanum, Allifae., 
 and Telesia, joined the Via Appia at Beneventum. 
 
 A cross-road called the Via Hadriana, running 
 from Miyiturnae through SuessaAurunca to Teanum, 
 connected the Via Appia with the Via Latina. 
 
 III. From the Porta Esquilina issued the Via 
 Labicana, which passing Labicum fell into the 
 Via Latina at the station ad Bivium 30 miles from 
 Rome. 
 
 IV. The Via Praenesti.va, originally the Via 
 Gabina, issued from the same gate with the for- 
 mer. Passing through Gabii and Pracncste, it 
 joined the Via Latina just below Anagnia. 
 
 V. Passing over the Via Collatina as of little 
 
 t 
 
1038 
 
 VIAE. 
 
 VIAE. 
 
 importance, we find the Via Tiburtina, which 
 issued from the Porta Tihuriimt, and proceeding 
 N. E. to Tihtir, a distance of about '20 miles, was 
 continued from thence, in the same direction, under 
 the name of the Via Valeria, and traversing the 
 country of the Salnnes passed through Carseoli and 
 Corfinium to Afcrmim on the Adriatic, thence to 
 Atlria, and so along the coast to Oestrum Trucn- 
 tinum, where it feU into the Via Salaria. 
 
 A branch of the Via Vakria led to SiMaqmum^ 
 and was called Via Sublacen.sis. Another branch 
 extended from Adria along the coast southwards 
 through the country of Frentani to Larinum, being 
 called, as some suppose. Via Frentana Appula. 
 
 VI. The Via Nomentana, anciently FicuL- 
 NENSis, ran from the poHa Collina, crossed the 
 Anio to Nomentum, and a little beyond fell into 
 the Via Sakiria at Eretum. 
 
 VII. The Via Salaria, also from the porta 
 CoUina (passing Fidenae and Cnisttcmerium) ran 
 north and east through Sabinum and Picenum to 
 Heate and Asculum Picenmn. At Castrum Trtieii- 
 tinum it reached the coast, which it followed until 
 it joined the Via Flaminia at Ancona. 
 
 VIII. Next comes the Via Flaminia, the 
 Grpat North Road commenced in the censorship of 
 C. Flaminius and carried ultimately to Ariiiiinum. 
 It issued from the Porta Fkiminia and proceeded 
 nearly north to Ocriculum and Narnia in Umbria. 
 Here a branch struck off, making a sweep to the 
 east through Interamna and Sjmhtium, and fell 
 again into the main trunk (which passed through 
 Ahvania') at Fuk/iitia. It continued through Fa- 
 num Flaminii and Ntuxria, where it again divided, 
 one line running nearly straight to Fannm Foiiunae 
 on the Adriatic, while the other diverging to An- 
 cona continued from thence along the coast to Fa- 
 num Fortunae, where the two branches uniting 
 passed on to Arimiimm through Pisaurum. From 
 thence the Vm Flaminia was extended under the 
 name of the Via Aemilia and traversed the heart 
 of Cisalpine Gaul through Bononia, Mulina,Parma, 
 Pkiccntia (where it crossed the Po) to Mediolanum. 
 From this point branches were sent off through 
 Dergomuin,Driria, Verona, Viceidia, Patainmn and 
 Aquikia to Tcrgeste on the east, and through No- 
 varia, Vercelli, Eporedia and Augusta Practnria 
 to the AJpis Graia on the west, besides another 
 branch in the same direction through Ticinum and 
 Industria to Augusta Taurinoriim. Nor must we 
 omit the Via Postumia, which struck from Verona 
 right down across the Appenines to Genoa, passing 
 through Mantua and Cremona, crossing the Po at 
 Placentia and so through Irki, Dertona and Libar- 
 na, sending off a branch from Dertona to Asta. 
 
 Of the roads striking out of the Vki Flaminia in 
 the immediate vicinity of Rome the most important 
 is the Via Cassia, which diverging near the Pons 
 Muhius and passing not far from Veii traversed 
 Etruria through Baccanae, Sutrium, Vulsinii, Clu- 
 itium, Arretimn, F/orentia, Pistoria, and Luca, 
 joining the Via A urelia at Luna. 
 
 (o) The Via Amerina broke off from the Via 
 Cassia near Baccanae, and held north through 
 Fakrii, Tuder, and Perusia, reuniting itself with 
 the Via Cassia at Ctiwiium. 
 
 (/8) Not far from the Pons Mulmus the Via 
 Clodia separated from the Via Cassia, and pro- 
 ceeding to Sid/ate on the Lacus Sabatinus there 
 divided into two, the principal branch passing 
 through central Etmria to Ruscllae and thence due 
 
 north to Florentia, the other passing through Tar- 
 quinii and then falling into the Via Aurelia. 
 
 (7) Beyond Baccanae the Via Cimina branched 
 off, crossing the Motis Ci^ninus and rejoining th6 
 Via Cassia near Fanum VoUumnae. 
 
 IX. The Via Aurelia, the Great Coast Road^ 
 issued originally from the Porta Jankulensis and 
 subsequently from the Poiia Aurelia. It readied 
 the coast at Alsium and followed the shore of the 
 lower sea along Etruria and Liguria by Genoa as 
 far as Forum Jzdii in Gaul. In the first instance 
 it extended no farther than Pisa. 
 
 X. The Via Portuensis kept the right bank 
 of the Tiber to Partus Augiisti. 
 
 XI. The Via Ostiensis originally passed 
 through the Porta Trigemina, afterwards thrnuffh 
 the Porta Ostiensis, and kept the left bank of the 
 Tiber to Ostia. From thence it was continued 
 under the name of Via Severiana along the coast 
 southward through Laurentum, Antium, and Cir- 
 caci, till it joined the Via Appia at Tarracina. 
 The Via Laurentina, leading direct to Lauren- 
 tum, seems to have branched oft' from the Via 
 Ostiensis at a short distance from Rome. 
 
 XII. Lastly, the Via Ardeatina from Rome 
 to Ardea. According to some this branched off 
 from the Via Appia, and thus the circuit of the 
 city is completed. 
 
 Alphabetical Table of tlie Viae described above. 
 
 1. 
 
 Via AemUia VIII. 
 
 20. Via Labicana III. 
 
 2. 
 
 Appia I. 
 
 21. 
 
 , Latina II. 
 
 3. 
 
 „ Aquillia I. (4.) 
 
 22. 
 
 , Laurentina XI. 
 
 4. 
 
 „ Amerina VIII. (a.) 
 
 23. 
 
 , Minucia I. {7.) 
 
 5. 
 
 ,» Ardeatina XII. 
 
 24. 
 
 , Nomentana VI. 
 
 6. 
 
 ,, Aurelia IX. 
 
 25. 
 
 , Nuniicia I. (7.) 
 
 /■ 
 
 Campana I. (3.) 
 
 26. 
 
 , Ostiensis XI. 
 
 8. 
 
 „ Cassia VIII. 
 
 27. 
 
 , Portuensis X. 
 
 9. 
 
 „ Cimina VIII. (7.) 
 
 28. 
 
 , Postumia VIII. 
 
 10. 
 
 „ Clodia VIII. 
 
 29. 
 
 , Praenestina IV. 
 
 11. 
 
 ,, Collatina V. 
 
 30. 
 
 , Salaria VII. 
 
 12. 
 
 „ Consulares I. (3.) 
 
 31. 
 
 , Setina I. (1.) 
 
 13. 
 
 Domitiana I. (2.) 
 
 32. 
 
 , Severiana XI. 
 
 14. 
 
 „ Egmatia I. (5.) 
 
 33. 
 
 , Sublaccnsis V. 
 
 15. 
 
 „ Ficulnen.sis VI. 
 
 34. 
 
 , Tiliurtina V. 
 
 16. 
 
 „ Flaminia VIII. 
 
 35. 
 
 , Trajana I. (6.) 
 
 ir- 
 
 ,, Frentana Appula V. 
 
 36. 
 
 , Tusculana II. 
 
 is. 
 
 Gabina IV. 
 
 37. 
 
 , Valeria V. 
 
 19. 
 
 ,, Hadriana II. 
 
 
 The most elaborate treatise upon Roman Roads 
 is Bergkr, Histoire des Grands Clicmins de r Em- 
 pire Romain, published in 1C22. It is translated 
 into Latin in the tenth volume of the Thesaurus of 
 Graevius, and with the notes of Hcnninius occupies 
 more than 800 folio pages. In the first part of 
 the above article the essay of Nibby, Delk Vie 
 degli Antklii dissertazione, appended to the fourth 
 volume of the fourth Roman edition of Nardini, 
 has been closely followed. Considerable caution, 
 however, is necessary in using the works of this 
 author, who although a profound local anticjuary, 
 is by no means an accurate scholar. To gain a 
 knowledge of that portion of the subject so lightly 
 touched upon at the close of the article, it is neces- 
 sary to consult the various commentaries upon the 
 Tabula Peutingeriana and the different ancient 
 Itineraries, together with the geographical works 
 of Cellarius, Cluverius, and D'Anville. [W. R.] 
 VIA'RIA LEX. [Lex, p.aliC; Viae, 1036.] 
 VIA'TICUM is, properly speaking, every thing 
 necessary for a person setting out on a journey, 
 and thus comprehends money, provisions, dresses, 
 vessels, &c. (Plant. Epkl. v. 1.9; Plin. Epist. vii. 
 12; Cic. de Senect. 18.) When a Roman magis- 
 trate, praetor, proconsul, or quaestor went to his 
 
VICESIMA. 
 
 VIGINTISEXVIRI. 1039 
 
 •ovince, the state provided him with all that was 
 ecessary for his journey. But as the state in 
 lis as in most other cases of expenditure preferred 
 lying a sum at once to having any part in the 
 jtiial business, the state engaged contractors 
 '■edeni.ptorcs), who for a stipulated sum had to pro- 
 ide the magistrates with the viaticum, the princi- 
 al parts of which appear to have been beasts of 
 iirden and tents (mu/i et iahernacala). Augustus 
 itroduced some modification of this system, as he 
 nee for all fixed a certain sum to be given to the 
 roconsuls (probably to other provincial magistrates 
 Iso) on setting out to their provinces, so that the 
 edemptores had no more to do with it. (Cic. ad 
 '^am. xii. 3 ; Suet. Auij. 36 ; Gellius, xvii. 2. 13 ; 
 omp. Sigonius, de Antiq. Jure Provi?ic. iii. 11 ; 
 "asaubon ad T/ieophrast. 11.) [L. S.] 
 
 VIA'TOR was a servant who attended upon 
 md executed the commands of certain Roman ma- 
 ;istrates, to whom he bore the same relation as the 
 ictor did to other magistrates. The name viatores 
 vas derived from the circumstance of their being 
 hiefly employed on messages either to call upon 
 ;enators to attend the meeting of the senate, or 
 0 summon people to the comitia, &c. (Cic. de 
 Si- lied. 16.) In the earlier times of the republic 
 vc find viatores as ministers of such magistrates 
 ilso as had their lictors : viatores of a dictator and 
 )f the consuls are mentioned by Livy (vi. 15 ; xxii. 
 1 1 ; comp. Plin. H. N. xviii. 4 ; Liv. viii. 18). In 
 ater times however viatores are only mentioned 
 with such magistrates as had only potestas and not 
 imperium, such as the tribunes of the people, the 
 ;eusors, and the aediles. (Gell. xiii. 12; Liv. ii. 
 56 ; XXX. 39 ; xxxix. 34 ; Lydus, de Magist. i. 44.) 
 ll(iw many viatores attended each of these magis- 
 trates is not known ; one of them is said to have 
 iiad the right at the command of his magistrate to 
 bind persons {Uqare), whence he was called lictor. 
 (( iell. xii. 3.) It is not improbable that the an- 
 cient writers sometimes confound viatores and lic- 
 tores. (Sigonius, de Ami. Jur. Civ. Romanorum, ii. 
 15.) [L. S.] 
 
 tVICA'RII SERVI. [Servus(Roman),p.870.] 
 VI'CTIMA. [Sacrificrtm.] 
 VICE'SIMA, a tax of five per cent. Every 
 Roman, when he manumitted a slave, had to pay 
 to the state a tax of one-twentieth of his value, 
 whence the tax was called viccsima nianumissionis. 
 This tax appears to have been levied from the ear- 
 liest times, and was not abolished when all other 
 imposts were done away with in Rome and Italy. 
 (Liv. vii. 16; xxvii. 10; Cic. ad Att. ii. 16.) 
 Caracalla raised this tax to a decima, that is, ten 
 per cent., but Macrinus again reduced it to the old 
 standard. (Dion Cass. Ixxvii. 9 ; Ixxviii. 12.) The 
 persons employed in collecting it were called Vice- 
 simarii. (Petron. Fragm. Tragur. 65 ; Orelli, In- 
 seript. n. 3333, &c.) 
 
 A tax called vkvsima Iiereditatium et legatoruni was 
 introduced by Augustus {Lear Julia Viccsimaria) : it 
 consisted of five per cent, which every Roman citizen 
 had to pay to the acrarium militare, upon any inhe- 
 ritance or legacy left to him, with the exception of 
 such as were left to a citizen by his nearest rela- 
 tives, and such as did not amount to above a cer- 
 tain sum. (Dion Cass. Iv. 25 ; Ivi. 28 ; Plin. Paneg. 
 37, &c. ; Capitol. M. Antonin. 11.) Peregrini and 
 Latini who had become Roman citizens had, in a 
 legal sense, no relatives, and were therefore obliged 
 in all cases to pay the vicesima hereditatiun. (PLm. 
 
 Paneg. I. c.) As only citizens had to pay this tax, 
 Caracalla, in order to make it more productive, 
 granted the franchise to all the subjects of the em- 
 pire, and at the same time raised it to ten per cent. 
 (dccima), but Macrinus again reduced it to five 
 (Dion Cass. Ixxvii. 9; Ixxviii. 12), and at last it 
 was abolished entirely. It was levied in Italy and 
 the provinces by procuratores appointed for the 
 purpose, and who are mentioned in many inscrip- 
 tions as PROCURATORES XX HEREDITATIUM, Or 
 AD VECTICAL XX HEREDIT. But these officers 
 generally sold it for a round sum to the publican!, 
 which the latter had to pay in to the praefects of 
 the aerarium militiire. (Plin. Epist. vii. 14 ; Paneg. 
 37.) [L. S.] 
 
 VICOMAGISTRL [Vicus.] 
 
 VICUS is the name of the subdivisions into 
 which the four regions occupied by the four city 
 tribes of Servius Tullius were divided, while the 
 country regions according to an institution ascribed 
 to Numa were subdivided into pagi. (Dionys. ii. 
 76.) This division, together with that of the four 
 regions of the four city tribes, remained down to 
 the time of Augustus, who made the vici subdivi- 
 sions of the fourteen regions into which he divided 
 the city. (Suet. Atig. 30.) In this division each 
 vicus consisted of one main street, including several 
 smaller by-streets ; their number was 424, and 
 each was superintended by four officers, called vico- 
 mcigistri, who had a sort of local police, and who, 
 according to the regulation of Augustus, were 
 every year chosen by lot from among the people 
 who lived in the vicus. (Suet. I. c; Dion Cass. Iv. 
 8.) On certain days, probably at the celebration 
 of the compitalia, they wore the praetexta, and 
 each of them was accompanied by two lictors. 
 (Dion Cass. I. c; Ascon. (ul Cic.in Pison. p. 7. ed. 
 Orelli.) These officers, however, were not a new 
 institution of Augustus, for they had existed dur- 
 ing the time of the republic, and had had the same 
 functions as a police for the vici of the Servian di- 
 vision of the city. (Liv. xxxiv. 7; Festus, s. v. 
 Magistrare; comp. Sextus Rufus, Brevuirium de 
 Regionibus Urhis Romae; and P. Victor, de Regio- 
 nihus Urhis Romae.) [L. S.] 
 
 VICTORIA'TUS. [Denarius.] 
 
 VI'GILES. [Army (Roman), p. 97; Prae- 
 
 FECTUS ViGILUM.] 
 
 VIGI'LIAE. [Castra, p. 204.] 
 
 VIGINTISEXVIRI were twenty-six magis- 
 tratus minores, among whom were included the 
 triumviri capitales, the triumviri monetales, the 
 quatuorviri viarum curandarum for the city, the two 
 cm'atores vianmi for the roads outside the city, the 
 decemviri litibus {Mitibus) judicandis, and the four 
 praefects who were sent into Campania for the 
 purpose of administering justice there. Augustus 
 reduced the number of officers of this college to 
 twenty (viginiiviri), as the two curatores viarum 
 for the roads outside the city and the four Campa- 
 nian praefects were abolished. (Dion Cass. liv. 26.) 
 Down to the time of Augustus the sons of senators 
 had generally sought and obtained a place in the 
 college of the vigintisexviri, it being the first step 
 towards the higher offices of the republic ; but in 
 A. D. 1 3 a senatusconsultum was passed ordaining 
 that only equites should be eligible to the college 
 of the vigintiviri. The consequence of this was 
 that the vigintiviri had no seats in the senate, un- 
 less they had held some other magistracy which 
 conferred this right upon them. (Dion Cass. /. c.) 
 
1040 
 
 VILLA. 
 
 VILLA. 
 
 The age at which a person might become a vigin- 
 tivir appears to have been twenty. (Compare Dion 
 Cass. Ix. 5. ; Tacit. Annul, iii. 29, with Lipsius' 
 note; Spart. Did. Julian. ].) 
 
 An account of the magistrates forming this col- 
 lege has been given in separate articles, with the 
 exception of the decemviri litihus judicandis, of 
 whom we accordingly subjoin a brief account. 
 These magistrates, consisting, as the name imports, 
 of ten men, formed a court of justice, which took 
 cognizance of civil cases. From Pomponius (de 
 Orig. Jur. Dig. i. tit. "2. s. 2. § 29) it would appear 
 that they were not instituted till the year B. c. 292, 
 the time when the triumviri capitales were first 
 appointed. Livy (iii. 55) however mentions de- 
 cemvirs as a plebeian magistracy very soon after 
 the legislation of the Twelve Tables ; and while 
 Niebuhr {Hist, of Rome, ii. 324, &c.) refers these 
 decemvirs to the decemviral magistrates, who had 
 shortly before been abolished, and thus abides by 
 the account of Pomponius, Gottling (GescJi. der 
 Rom. Staatsv. p. 241, &c.) believes that the de- 
 cemvirs of Livy are the decemviri litibus judican- 
 dis, and refers their institution, together with that 
 of the centumviri, to Servius TuUius. [Centu.m- 
 VIRI.] But the history as well as the peculiar 
 jurisdiction of this court during the time of the 
 republic are involved in inextricable obscurity. In 
 the time of Cicero it still existed, and the proceed- 
 ings in it took place in the ancient foi-m of the 
 sacramentum. (Cic. pro Caecin. 33 ; pro Dom. 29.) 
 Augustus transferred to these decemvirs the presi- 
 dency in the courts of the centumviri. (Suet. Aug. 
 36; Dion Cass. liv. 26.) During the empire this 
 court had jurisdiction in capital matters, which is 
 expressly stated in regard to the decemvirs. 
 
 (Bockh, Corp. Inscrip. i. n. 1133. 1327 ; comp. 
 Walter, Gesch. des Rom. Rechis, p. 721, and p. 
 864. n. 96.) [L. S.] 
 
 VIGINTIVIRI. [ViGINTISEXVIRI.] 
 
 VILLA, a farm or countrj'-house. The Roman 
 writers mention two kinds of villa, the villa rustica 
 or farm-house, and the rilla urbana or pseudo- 
 urbana, a residence in the country or in the sub- 
 urbs of a town. When both of these were attached 
 to an estate, they were generally united in the 
 same range of buildings, but sometimes they were 
 placed at different parts of the estate. The part of 
 the villa rusti/xi in which the produce of the farm 
 was kept is distinguished by Columella by a sepa- 
 rate name, villa fruduaria. Varro {L. L. v. 35. ed. 
 Miiller) derives the name from veho (" quo fructus 
 convehebantur, villae"). 
 
 1 . The villa rustica is described by Varro (if. if. 
 i. 11. 13), Vitruvius (vi. 9), and Columella (i. 4, 
 
 The villa, which must be of a size corresponding 
 to that of the farm, is best placed at the foot of a 
 wooded mountain, in a spot supplied with nmning 
 water, and not exposed to severe winds nor to the 
 effluvia of marshes, nor (by being close to a public 
 road) to a too frequent influx of visitors. The villa 
 attached to a large farm had two courts {cohortcs, 
 ckortes, cortes, Varro, i. 13.) At the entrance to 
 the outer court was the abode of the villicus, that 
 he might observe who went in and out, and over 
 the door was the room of the procurator. (Varto, 
 I.e.; Colum. i. 6.) Near this, in as warm a spot 
 as possible, was the kitchen, which, besides being 
 used for the preparation of food, was the place 
 where the slaves {familiae) assembled after the 
 
 labours of the day, and where they performed cer- 
 tain in-door work. Vitruvius places near the kit- 
 chen the baths and the press (torcular) for wine 
 and oil, but the latter, according to Columella, 
 though it requires the warmth of the sun, should 
 not be exposed to artificial heat. In the outer 
 court were also the cellars for wine and oil {cellae 
 vinariae et oleariue), which were placed on the 
 level ground, and the granaries, which were in the 
 upper stories of the farm-buildings, and carefully 
 protected from damp, heat, and insects. These 
 store-rooms fonn the separate villa fruduaria of 
 Columella ; Varro places them in the villa rustica, 
 but Vitruvius recommends that all produce which 
 could be injured by fire should be stored without 
 the villa. 
 
 In both courts were the chambers (celiac) of the 
 slaves, fronting the south ; but the ergastulum for 
 those who were kept in chains (vindi) was under- 
 ground, being lighted by several high and narrow 
 windows. 
 
 The inner court was occupied chiefly by the 
 horses, cattle, and other live stock, and here were 
 the stables and stalls {buhilia, equilia, orilia). 
 
 A reservoir of water was made in the middle of 
 each court, that in the outer court for soaking pulse 
 and other vegetable produce, and that in the inner, 
 which was supplied with fresh water by a spring, 
 for the use of the cattle and poultry. 
 
 2. The Villa urhatia or pseudo urbana was so 
 called because its interior arrangements correspond- 
 ed for the most part to those of a town-house. 
 [House.] Vitruvius (vi. 8) merely states that 
 the description of the latter will apply to the for- 
 mer also, except that in the town the atrium is 
 placed close to the door ; but in the country the 
 peristyle comes first, and afterwards the atrium, 
 surrounded by paved porticoes, looking upon the 
 palaestra and ambulatio. 
 
 Our chief sources of iirformation on this subject 
 are two letters of Pliny, in one of which (ii. 17) 
 he describes his Laurentine -sdlla, in the other (v. 6) 
 his Tuscan, with a few allusions in one of Cicero's 
 letters {ad Quint, iii. 1 ), and, as a most important 
 illustration of these descriptions, the remains of a 
 suburban villa at Pompeii. (Pora^cn, ii. c. 11 . Lond. 
 1832.) 
 
 The clearest account is that given by Pliny in 
 the first of the two letters mentioned above, from 
 which, therefore, the following description is for 
 the most part taken. 
 
 The villa was approached by an avenue of plane 
 trees leading to a portico, in front of which was a 
 xystus divided into flower-beds by borders of box. 
 This xystus formed a terrace, from which a grassy 
 slope, ornamented with box-trees cut into the figures 
 of animals and forming two lines opposite to one 
 another, descended till it was lost in the plain, 
 which was covered with acanthus. (Plin. v. 6.) 
 Next to the portico was an atrium, smaller and 
 plainer than the cortesponding apartment in a 
 town-house. In this respect Pliny's description is 
 at variance with the rule of Vitruvius ; and the 
 villa at Pompeii also has no atrium. It would ap- 
 pear from Cicero {I. c.) that both arrangements 
 were common. Next to the atrium in Pliny's 
 Laurentine villa was a smaU elliptic peristj'le 
 {porticus in O literae similitudittcm eircumactae, 
 where, however, the readings D and A are also 
 given instead of 0). The intervals between the 
 columns of this peristyle were closed with talc 
 
VILLICUS. 
 
 VINDICATIO. 
 
 1041 
 
 windows {specularibus, see House, p. 500), and 
 the roof projected considerably, so that it formed 
 an excellent retreat in nnfavourable weather. The 
 open space in the centre of this peristyle seems 
 often to have been covered with moss and orna- 
 mented with a fountain. Opposite to the middle 
 of this peristyle was a pleasant cavaedi/im, and 
 beyond it an elegant triclinium, standing out from 
 the other buildings, with windows or glazed doors 
 in the front and sides, which thus commanded a 
 view of the grounds and of the surrounding coun- 
 try, while behind there was an uninterrapted view 
 through the cavaedium, peristyle, atrium, and por- 
 tico into the xystus and the open country beyond. 
 
 Such was the principal suite of apartments in 
 Pliny's Laurentine villa. In the villa at Pompeii 
 the arrangement is somewhat different. The en- 
 trance is in the street of the tombs. The portico 
 leads through a small vestibule into a large square 
 peristyle paved with opus signinum, and having an 
 impluvium in the centre of its uncovered area. 
 Beyond this is an open hall, resembling in form 
 and position the tuUhmm in a town-house. Next 
 IS a long gallery extending almost across the whole 
 width of the house, and beyond it is a large cyzi- 
 cene oecus, corresponding to the large triclinium in 
 Pliny's villa. This room looks out upon a spacious 
 sourt, which was no doubt a xystus or garden, and 
 ivhich is surrounded on all sides by a colonnade 
 nipported by square pillars, the top of which forms 
 I terrace. _ In the farthest side of this court is a 
 5ate leading out to the open country. As the 
 |round slopes downward considerably from the 
 ront to the back of the vUla, the terrace just 
 ipoken of is on a level with the cyzicene oecus, the 
 vindows of which opened upon it ; and beneath 
 he oecus itself is a range of apartments on the 
 evel of the large court, which were probably used 
 n summer, on account of their coolness. 
 
 The other rooms were so arranged as to take 
 dvantage of the different seasons and of the sur- 
 Bunding scenery. Of these, however, there is only 
 Be which requires particular notice, namely, a 
 tate bed-chamber, projecting from the other biiild- 
 ngs in an elliptic or semicircular fonn, so as to 
 dmit the sun during its whole course. This 
 partment is mentioned by Pliny, and is also found 
 a the Pompeian villa. In Pliny's Laurentine 
 ilia its wall was fitted up as a library. 
 
 The villa contained a set of baths, the general 
 rrangement of which was simihir to that of the 
 iiblic baths. [Baths.] 
 
 ^Attached to it were a garden, atnbulaiio, f/cslaiio, 
 yppodromzis, sp/iacrixtcrium, and in short all neces- 
 iry arrangements for enjoying different kinds of 
 sercise. [Hortus ; Gymnasium.] 
 
 (Becker's Gallus, i. p. 258 ; Schneider's notes 
 a Columella and Varro, and Gierig's on Pliny, 
 mtain many useful remarks.) [P. S.] 
 
 VI'LLIA ANNA'LIS LEX. [Aediles,p.16.] 
 
 Vl'LLICUS, a slave who had the superin- 
 lldence of the filh rusiica, and of all the business 
 ; the fann, except the cattle, which were under 
 le care of the mayhtcr pecoris. (Varro,/!*. if. i. 2.) 
 he duties of the villicus were to obey his master 
 iplicitly, and to govern the other slaves with 
 oderation, never to leave the villa except to go to 
 arket, to have no intercourse with soothsayers, 
 
 take care of the cattle and the implements of hus- 
 tndry, and to manage all the operations of the 
 nn. (Cato, if. if?. 5. 142.) His duties are de- 
 
 scribed at great length by Columella (xi. 1. and i. 
 8), and those of his wife (villku) by the same 
 writer (xii. 1), and by Cato (c. 143). 
 
 The word was also used to describe a person to 
 whom the management of any business was en- 
 trusted. (See the passages quoted in Forcellini's 
 Lexicon.) [P. S.] 
 
 VINA'LIA. There were two festivals of this 
 name celebrated by the Romans : the Vmalia 
 urhana or priora, and the Vinalia rustica or altera. 
 The vinalia urbana were celebrated on the 23rd of 
 April (ix. Cale/id. Mai.). This festival answered 
 to the Greek iriBoiyia, as on this occasion the wine 
 casks which had been filled the preceding autumn 
 were opened for the first time, and the wine tasted. 
 (Plin. H.N. xviii. 69. § 3.) But before men ac- 
 tually tasted the new wine, a libation was offered 
 to Jupiter (Fest. s. v. Virialia), which was called 
 calpar. (Fest. s.v. Calpar.) 
 
 The rustic vinalia, which fell on the 19th of 
 August (xiv. Calend. Sept.) and was celebrated by 
 the inhabitants of all Latium, was the day on 
 which the vintage was opened. On this occasion 
 the flamen dialis offered lambs to Jupiter, and 
 while the flesh of the victims lay on the altar, he 
 broke with his own hands a bunch of grapes from 
 a vine, and by this act he, as it were, opened the 
 vintage {vindemiam auspicari ; Varro, de Ling. Lat. 
 V. p. 55, &c. Bip.), and no must was allowed to be 
 conveyed into the city until this solemnity was 
 performed. (Plin. H. N. xviii. 69. § 4.) This day 
 was sacred to Jupiter, and Venus too appears to 
 have had a share in it. (Varro, /. c. ; de Re Rust. i. 
 I; Macrob. i. 4 ; Ovid, FasMv. 897, &c.) An 
 account of the story which was believed to have 
 given rise to the celebration of this festival is given 
 by Festus (s. v. Rustica vi7talia), and Ovid [Fast. 
 iv. 863, &c. ; compare Aiurel. Vict, de Ori<j. (lent. 
 Ro»i.]5). [L. S.] 
 
 VINDEMIA'LIS FE'RIA. [Feriae, p.415.] 
 VINDEX. [Actio, p. 9 ; Manus Injectio.] 
 VINDICA'TIO. Actiones In Rem were called 
 Vindicationes. Actiones in Personam were called 
 Condictiones. (Gains, iv. 5.) Vindicationes there- 
 fore were actions about propertj-, and about Jura in 
 re. (Gains, iv. 3.) The distinction between Vindi- 
 cationes and Condictiones was an essential distinc- 
 tion, which was not affected by the change in the 
 form of procedure from the Legis Actiones to that 
 of the Formidae. The Legis Actiones fell into 
 disuse (Gaius, iv. 31) except in the case of Dam- 
 num Infectum and a Judicium Centumvirale, and 
 from this time both Vindicationes and Condictiones 
 were prosecuted by the Fonnulac, which is de- ' 
 scribed in a general way in the article Actio. 
 The peculiar process of the Vindicatio which be- 
 longed to the period of the Legis Actiones remains 
 to be described. 
 
 The five modes of proceeding Lege (Gaius, iv. 
 12), were Sacramento; Per judicis postulationem ; 
 Per condictionem ; Per manus injectionem ; Per 
 pignoris capionem. 
 
 A man might proceed Sacramento either in the 
 case of an Actio in personam or an Actio in rem. 
 If it was an Actio in rem, that is a Vindicatio, 
 moveable things and moving things {moUiia et mo- 
 ventia) which could be brought before the Praetor 
 (in Jus), were claimed before the Praetor (injure 
 vindicabantur) thus : he who claimed the things as 
 his property {qui vindieabat), held a rod in his 
 hand, and laying hold of the thing, it might be a 
 
104-2 
 
 VINDICATIO. 
 
 VINDICATIO. 
 
 slave or other thing, he said ; Hunc ego hominem 
 ex jure Quiritium Meum esse aio secundum causam 
 sicut dixi. Ecce tibi Vindictam imposui ; and 
 saying this he placed the rod on the thing. The 
 other claimant {adversarius) did and said the same. 
 This claiming of a thing as property by laying the 
 hand upon it, was in Jure manum conserere, a 
 phrase as old as the XII Tables. (Gell. xx. 10.) 
 The Praetor then said : Mittite ambo hominem, 
 and the claimants obeyed. Then he who liad 
 made the first vindicatio thus addressed his oppo- 
 nent: Postulo annedicas qua ex causa vindicaveris. 
 The opponent replied : Jus peregi sicut Vindictam 
 imposiii. Then lie who had made the first vindi- 
 catio proceeded to that part of the process called 
 the Sacramentum, which was in the form of a 
 wager as to the Right ; he said : Quando tu injuria 
 vindicavisti D Aeris Sacramento te provoco. The 
 opponent replied by giving the Similiter ; Similiter 
 ego te. The rest of the process was the same as in 
 the case of an Actio in personam. But in the case 
 of a Vindicatio the Praetor declared the Vindiciae 
 in favour of one of the parties, that is, in the mean- 
 time he established one of the parties as Possessor, 
 and compelled him to give security to his opponent 
 for the thing in dispute and the mesne profits, or 
 as it was ti-chnically expressed, " jubebat praedes 
 adversario dare litis et vindicianim." The Praetor 
 also took security from botli for the amount of the 
 Sacramentum ; for the party who failed paid the 
 amount of th(^ Sacramentum as a penalty {poenae 
 nomine), which penalty belonged to the state {in 
 publicum cedebat). 
 
 The Poena of the Sacramentum was quingenaria, 
 that is, quingenti asses in cases when the property 
 in dispute was of the value of a thousand asses and 
 upwards ; and in cases of smaller value it was fifty 
 asses. This was a provision of the XII. Tables ; 
 but if a man's freedom (libertas) was in issue, the 
 poena was only fifty asses. 
 
 If the property claimed was a piece of land, the 
 claimants appeared In jure and challenged each 
 other to go on the land in the presence of witnesses 
 {supersiiies, Festus, s. v.; Cic. pro Murena, 12), 
 when each made his claim. In the time of the 
 Twelve Tables says Gellius (xx. 10) the Magis- 
 tratus who presided in the court accompanied the 
 parties to the land in order to perfect the process 
 in jure ; but this mode of procedure, which might 
 possibly do in very early times, must have become 
 inconvenient. Accordingly it became the practice 
 for one of the claimants to go through the form of 
 ejecting the other, which was called the Vis Civilis. 
 (Compare Gellius, xx. 10; Cic. jiro Caecina, I. 7. 
 32 ; pro TuUio, 20.) The claimants took with 
 them a clod of earth in jus, where the process was 
 completed. In course of time it became the prac- 
 tice to bring into court a clod of earth, or a bit of 
 a column, as a sign of the thing ; and even in the 
 case of moveable objects, a part was often brought 
 into court to represent the whole ; and the Vindi- 
 catio was made as if the whole thing was there. 
 It seems that the process might also be begun by 
 the parties perfonning the ceremony of the Deduc- 
 tio on the ground before they came In jus, where 
 however they performed the fiction of going to the 
 premises and returning. The change in the form 
 of procedure led to the phrase "e* jure manum 
 conserere" (Gell. xx. 10), which is explained thus: 
 one party called the otlier out of court (ex jure) 
 "ad conserendam maniun in rem de qua agebatur." 
 
 When the Legis Actiones fell into disuse, the 
 process of the Vindicatio was altered, and became 
 that of the Sponsio. The term Sponsio is best ex- 
 plained by gi\ing the substance of a passage in 
 Gains (iv. 91, &c.). In the case of an actio in rem, 
 a man might proceed either Per fonnulam petito- 
 riam, in which the Intentio of the plaintiff was, 
 that a certain thing was his property ; or he might 
 proceed Per sponsionem which did not contain 
 such an Intentio. The defendant was challenged 
 to a Sponsio in such terms as these : " Si homo 
 quo de agitur ex jure Quiritium meus est sestertios 
 XXV Nummos dare spondes?" The Intentio in 
 the formula was tliat if the slave belonged to the 
 plaintiff, the sum of money contained in the Spon- 
 sio ought to be paid to the plaintiff (sponsionis 
 summam actori dari debere). The Sponsio evi- 
 dently took its name from the verb Spondeo. If 
 the plaintiff proved the slave to be his property, he 
 was intitled to a judgment. Yet the sum of mo- 
 ney was not paid, though it was the object of the 
 Intentio, for, says Gains, "it is not poenalis, but 
 praejudicialis, and the sponsio is introduced merely 
 as a means of trying the right to the property, and 
 this explains why the defendant has no restipula- 
 tio." The sponsio was said to be "pro praede 
 litis et vindiciarura,'" because it took the place of 
 the praedium, which when the Legis actiones were 
 in use, was given " pro lite et vindiciis," that is, 
 "pro re et fructibus" by the possessor to the plain- 
 tiff. [Praejudicium ; Praes.] 
 
 This Sponsio Praejudicialis was merely a tech- 
 nical mode of converting an actio in rem into an 
 actio in personam, and we must suppose that there 
 was some good reason for the practice. It might 
 be conjectured that it was introduced in order to 
 obviate the trouble and difficulties attendant on 
 the old process of the Vindicatio. 
 
 From the expression of Gains, it appears that 
 there was also a Sponsio Poenalis, that is both the 
 defendant made a sponsio and the plaintiff made a 
 restipulatio. Thus in the case of "certa pecunia 
 credita," the defendant's sponsio was made at the 
 risk of losing the sum, if he could not sustain his 
 denial of the plaintift's claim ; and the plaintiff's 
 restipulatio was made at the like risk if he could 
 not support his claim. The poena of the Sponsio 
 and restipulatio belonged to the successful party. 
 (Gains, iv. 13.) There was also a Poenalis sponsio 
 in the case of Interdicts (Gains, iv. 141. 165, &c.), 
 and Pecunia Constituta. In the case of Certa 
 pecunia the sponsio was to the amount of one-third 
 of the sum demanded, which was called legitima 
 pars. (Cic. pro Hose. Com. 4, S.) In the case of 
 Constituta Pecunia the sponsio was to the amount 
 of one-half. (Gaius, iv. 171.) These stipulationes 
 were fixed by law ; in other cases they were fixed 
 by the Edict. 
 
 Tliese sponsiones were introduced probably partly 
 with a view to check litigation, and partly with :] 
 view to give compensation to the party who ulti- 
 mately obtained a verdict; for otherwise there dn 
 not appear in the Roman law to be any direct pro- 
 visions as to the costs of suits. Thus Gaius (iv. 
 174) enumerates four modes in which the Actoris 
 calumnia is checked ; the Calumniae judicium, 
 Contrarium judicium, Jusjurandum, and the Resti- 
 pulatio. The Restipulatio, he says, "is allowed 
 in certain cases ; and as in the Contrarium judicium 
 the plaintiff has in all cases judgment against him, 
 if he cannot sustain his case, and it matters no' 
 
VINDICTA. 
 
 VINDICTA. 
 
 104:5 
 
 whether or not he knows that his claim was not 
 good, so in all cases the plaintiff (that is, if he can- 
 not sustain his case) is condemned in the penalty 
 of the restipulatio." 
 
 ■ As to the form of the Sponsio the passage of 
 Gaius alread}' referred to is an example ; and there 
 is another in the oration of Cicero, pro Puhl. Quiti- 
 tio (8. 27). The use of the word Isi or Ni in the 
 Sponsio would depend on the fact which was af- 
 firmed or ratlier on the mode of affirmation and 
 the party affii-raing. Cicero (pro Caecin. 23) al- 
 ludes to the use of these words [sive, nive). Bris- 
 sonius [de Formulis, &c. v. 7. p. 348) has collected 
 instances of them. 
 
 The other mode of procedure in the case of Vin- 
 dicatio, that was in use after the Legis Actioncs 
 fell into disuse was. Per Forraulam I'etitoriam, in 
 which the plaintiff {aetor) claimed the thing as his 
 property {intendit rem suam esse). In this form of 
 proceeding there was the Stipulatio called Judica- 
 tum solvi, by which the defendant engaged to obey 
 the decree of the Judex. (Gaius, iv. !)1.) This 
 formula was adapted also to the cases of Praetorian 
 ownership and the Actio Publiciana. (Gaius, iv. 
 34. 3().) In cases which were brought before the 
 Centumviri, it was the practice, at least in the 
 Imperial period, to come first before the Praetor 
 Urbanus or Peregrinus in order that the matter 
 might be put in the old form of the Sacramentum. 
 (Gaius, iv. 31. 95 ; Gell. xx. 10.) 
 
 An hereditas was sued for like any other thing 
 either by the Sacramentum, so long as it was in 
 use, or the Sponsio, or the Petitoria Formula. 
 (Walter, Geschichte des Rom. Redds.) [G. L.] 
 
 VINDI'CIAE. [ViNDicATio.] 
 
 VINDICTA. [Mani'missio ; Vindicatio.] 
 
 VINDICTA. A class of actions in the Roman 
 Law have reference to Vindicta as their object, 
 which is thus expressed : ad ultionem pertinet, in 
 sola vindicta constitutum est, Vindictam continet. 
 (Dig. 47. tit. 12. s. 6. 10 ; 29. tit. 2. s. 20. § 5.) 
 Some of these actions had for their object simply 
 compensation, as the Actio doli. Others had for 
 their object to give the complainant something more 
 (poena) than the amount of his injury, as in the 
 Furti actio, and sometimes in addition to this com- 
 pensation also as in the Vi Bonorum raptorum actio. 
 A third class of actions had for its immediate object 
 money or propertj', but this was not the ultimate 
 object as in the cases already mentioned, but 
 merely a means : the real object was Vindicta. This 
 Vindicta consists in the re-establishment of a right 
 which has been violated in the person of the com- 
 plainant, in which case the individual discharges 
 the office which the State discharges generally in 
 matters of Crime. Those actions of which Vindicta 
 is the object, are distinguished from other actions 
 by forming exceptions to the general rules as to the 
 legal capacity of those who may institute them, 
 such as a fiiiusfamilias and one who has sustained 
 a capitis deminutio. 
 
 The following are actions of this kind: — 
 1. Actio Injuriarum. When a fiiiusfamilias was in- 
 jured, a wrong was done both to him and to his 
 father. The injury done to the son is the only 
 one that belongs to the head of Vindicta. The 
 father generally brought the action, for he could ac- 
 quire through his son all rights of action. But 
 the son could bring an action in his own name with 
 the permission of the Praetor, if the father was ab- 
 sent, or was in any way prevented from bringing the 
 
 action ; and in some cases, if the father refused to 
 bring the action. The pecuniary damages which 
 were the immediate object of tlie action belonged 
 to the father, so that the son appeared in the 
 double capacity of suing in his own name in re- 
 spect of the Vindicta, and as the representative of 
 his father in respect of the damages. If the son was 
 emancipated, the right of action passed to him and 
 was not destroyed by the capitis deminutio. 
 
 2. Actio sepulchri violati, which could be 
 brought by the children of the deceased, even if 
 they refused the hereditas, or by the heredes. The 
 object was Vindicta, which was effected by giving 
 the plaintiff damages to the amount of the wrong 
 {quanli oh earn rem uequum videbitur, ^'c, Dig. 4 7. tit. 
 12. s. 3). The action was consequentlj' in bonum et 
 aequum concepta and the right was not affected by 
 a capitis deminutio. If those who had a right to 
 bring the action neglected to do so, any person 
 might bring the action ; but in that case the 
 damages were limited to 100 aurei by the Edict. 
 
 3. Actio de effusis. When a free person was 
 injured by anything being poured or thrown from 
 a house, he had an actio in bonum et aequum con- 
 cepta, the ultimate object of which was Vindicta. 
 
 4. An Action for mischief done to a man by 
 any dangerous animal belonging to another, when 
 it happened through the want of proper caution 
 on the part of the owner. (Dig. 21. tit. 1. s. 40 — 
 43.) 
 
 5. Interdictum quod vi aut clam. This is a 
 plaint which could be instituted by a fiiiusfamilias 
 in his own name, because the object was Vindicta. 
 The ground of this capacity of a fiiiusfamilias was 
 an injury done to him personallj^ by a person who 
 acted in opposition to his remonstrance. If for in- 
 stance the son inhabited a house belonging to his 
 father or one hired from a stranger, and was dis- 
 turbed in his enjoyment by some act of his neigh- 
 bour, the fiiiusfamilias might have an action for 
 the amount of the damage, but the pecuniary' 
 satisfaction would belong to the father as in the 
 case of the Actio Injuriarum. But tlie action was 
 not in honum et aequum concepta, since it had a 
 definite object, which was either the restoration of 
 things to their former condition, which might be 
 immediately for the benefit of the fiiiusfamilias, or 
 to ascertain the value of the wrong done (quod 
 interest). 
 
 6. The action against a Libertus in respect of an 
 In Jus vocatio. [Patron us.] If the Libertus 
 had proceeded against the son of his patron, and 
 the father was absent, the son could institute the 
 suit himself, as in the case of the Actio Injuriarum. 
 
 7. Querela Inofliciosi. [Testament.] 
 
 8. Actiones Populares, which are actions in 
 which the plaintiff claims a sum of monej', but not 
 as a private individual : he comes forward as a 
 kind of representative of the State. If the act 
 complained of be such as affects the interests of in- 
 dividuals as such, they can bring an action in 
 preference to any other person, and the action is 
 not purely popular : to this class belong such ac- 
 tions as the Actio sepulcri violati. But if there 
 are no persons who are individually interested in 
 the matter complained of, or none such bring an 
 action, any person (uttus eje populo) may bring the 
 action, as the Procurator of the State, and he is 
 not bound to give the security which an ordinary 
 procurator must give. A fiiiusfamilias can bring 
 such action. By virtue of the Litis contestatio the 
 
 3x2 
 
1044 
 
 VINUM. 
 
 VINUM. 
 
 action becomes the same as if it were founded 
 on an obligatio, and this right of action as well as 
 the money which may arise from it, is acquired by 
 the iiliusfamilias for his father. These actiones 
 being for fixed sums of money are not in bonum et 
 aequuni conceptae. 
 
 Witli tlie populares actiones may be classed as 
 belonging to the same kind, the Interdicta Publica 
 orPopularia, and that Novi operis nuntiatio which 
 is for the protection of Publicum Jus ; with this 
 distinction, that the proceedings have not for their 
 object the recovery of a sum of money. But in 
 the general capacity of all persons to bring such 
 actions, independent of the usual rules as to legal 
 capacity, all these modes of proceeding agree. 
 
 (Savigny, Sysicm des lieut. Rom. Redds, ii. 
 121.) ^ [G.L.] 
 
 VI'NEA, in its literal signification, is a bower 
 formed of the branches of vines, and from the pro- 
 tection which such a leafy roof affords, the name 
 was applied by the Romans to a roof imder which 
 the besiegers of a town protected themselves against 
 darts, stones, fire, and the like, which were thrown 
 by the besieged upon the assailants. The descrip- 
 tion which Vegetius {dc Re Mil. iv. 1.5) gives of 
 such a machine perfectly agrees with what we know 
 of it from the incidental mention of other writers. 
 The whole machine formed a roof, resting upon 
 posts eight feet in height. The roof itself was ge- 
 nerally si,^teen feet long and seven broad. The 
 wooden frame was in most cases light, so that it 
 co\dd be carried by the soldiers ; sometimes how- 
 ever, when the purpose which it was to serve re- 
 f|uired great strength, it was heavy, and then the 
 whole fabric probably was moved by wheels at- 
 tached to the posts. The roof was fonned of planks 
 ajid wicker-work, and the uppermost layer or layers 
 consisted of raw hides or wet cloth, as a protection 
 against fire, by which the besieged frequently de- 
 stroyed the vineae. (Liv. ii. 17; v. 7; x.xi. 61.) 
 The sides of a vinea were likewise protected by 
 wicker-work. Such machines were constmcted in 
 a safe place at some distance from the besieged 
 town, and then carried or wheeled (iiyere) close to 
 its walls. Here several of them were frequentl}"^ 
 joined together, so that a great number of soldiers 
 might be employed under them. When vineae 
 had taken their place close to the walls, the sol- 
 diers began their operations, either by undermining 
 the walls, and thus opening a breach, or by em- 
 ploying the battering-ram {arics, Liv. xxi. 7, 8). 
 In the time of Vegetius the soldiers used to call 
 these machines causiae. (J. Lipsius, Poliorcct. i. 
 dial. 7.) _ [L. S.] 
 
 VINUM (o/i/oi). The general term for the fer- 
 mented juice of the grape. 
 
 The native country of the vine was long a vex- 
 ata quaestio among l)otanists, but, although many 
 points still remain open for debate, it seems now to 
 be generally acknowledged that it is indigenous 
 throughout the whole of that vast tract which 
 stretches southward from the woody mountains of 
 Mazanderan on the Caspian to the shores of the 
 Persian Gulf and the Indian sea, and eastward 
 through Khorasan and Cabul to the base of the 
 Plinialaya, — the region to which history and phi- 
 lology alike point as the cradle of the human race. 
 Hence, when we consider the extreme facility of 
 the process in its most simple form, we need little 
 wonder that the art of making wine should have 
 been discovered at a very remote epoch. 
 
 In the earliest of profane writers the cultivation 
 of the grape is represented as familiar to the Heroic 
 Greeks, some of his most beautiful and vivid pic- 
 tures of rural life being closely connected with the 
 toils of the vineyard. It is worth remarking that 
 the only wine upon whose excellence Homer dilates 
 in a tone approaching to hyjierbole is represented as 
 having been produced on the coast of Thrace, the 
 region from which poetry and civilization spread 
 into Hellas, and the scene of several of the more 
 remarkable exploits of Bacchus. Hence we might 
 infer that the Pelasgians introduced the culture of 
 the vine when they wandered westward across the 
 Hellespont, and that in like manner it was con- 
 veyed to the valley of the Po, when at a subse- 
 quent period they made their way round the head 
 of the Adriatic. It seems certain from various 
 legends that wine was both rare and costly in the 
 earlier ages of Italian and Roman history. Thus, 
 a tradition preserved by Varro (op. Plin. H. N. 
 xiv. 14) told that when Mezentius agreed to aid 
 the Rutulians he stipulated that the produce of the 
 Latian vineyards should be his recompense. Ro- 
 mulus is said to have used milk only in his offer- 
 ings to the gods (Plin. 1. c.) : Numa, to check 
 extravagance, prohibited the sprinkling of wine 
 upon the funeral pyre, and, to stimulate the ener- 
 gies of the rustic population, he ordained that 
 it shoidd be held impious to offer a libation to the 
 gods of wine which had flowed from an unpruned 
 stock. So scarce was it at a much later period 
 that Papirius the dictator, when about to join in 
 battle witli the Sanmites, vowed to Jupiter a small 
 cupful (villi pociU inn) if he should gain the victory. 
 That wine was racked off into amphorae and 
 stored up in regular cellars as early as the era 
 of the Gracclii Pliny considers proved by the 
 existence in his own day of the Viimm Opimidmim, 
 described hereafter. But even then no specific ap- 
 pellation was given to the produce of different lo- 
 calities, and the jar was marked with the name of 
 the consul alone. For many years after this foreign 
 wines were considered far superior to native 
 growths, and so precious were the Greek vintages 
 esteemed in the times of Marius and Sulla that a 
 single draught only was offered to the guests at a 
 banquet. The rapidity with which luxury spread 
 in this matter is well illustrated by the saj-ing of 
 M. Varro, that Lucullus when a boy never saw an 
 entertainment in iiis father's house, however splen- 
 did, at which Greek wine was handed round more 
 than once, but when in manhood he returned from 
 his Asiatic conquests he bestowed on the people a 
 largess of more than a hundred thousand cadi. 
 Four different kinds of wine are said to have been 
 presented for the first time at the feast given by 
 Julius Caesar in his third consulship (b. c. 46), 
 these being Falemian, Chian, Lesbian and Mamer- 
 tine, and not until after this date were the merits 
 of the numerous varieties, foreign and domestic, 
 accurately known and fully appreciated. But dur- 
 ing the reign of Augustus and his immediate suc- 
 cessors the study of wines became a passion, and 
 the most scrupulous care was bestowed upon every 
 process connected with their production and pre- 
 servation. (Plin. //. N. xiv. 28.) Pliny calculates 
 that the number of wines in the whole world de- 
 serving to be accounted of high quality {nolAlia) 
 amounted to eighty, of which his own country 
 could claim two-thirds (xiv. 13); and in another 
 passage (xiv. 2.0) he asserts that 195 distinct kinds 
 
VINUM. 
 
 VINUM. 
 
 1045 
 
 might be reckoned up, and that if all the varieties 
 i)f these were to be included in the computation, 
 the sum would be almost doubled. (Plin. //. iV. 
 xiv. fa'. 29.) 
 
 The process followed in wine-making was es- 
 sentially the same among both the Greeks and 
 the Romans. After the grapes had been gjith- 
 ercd, they were first trodden with the feet and 
 afterwards submitted to the action of the press. 
 This part of the process of wine-making is described 
 in the article Torculum. 
 
 The sweet niifermeuted juice of the grape was 
 teiTued yXevKos by the Greeks and nutstum by the 
 Romans, the latter word being properly an adjec- 
 tive signifying 7mi< or fresh. Of this there were 
 several kinds distinguished according to the man- 
 ner in which each was originally obtained and sub- 
 sequently treated. That which flowed from the 
 clusters, in consequence merely of their pressure 
 upon each other before any force was applied, was 
 known as irpoxyfJi-a (Geopon. vi. IG) or protropum 
 (Plin. H. N. .\-iv. 1 1), and was reserved for manu- 
 facturing a particular species of rich wine described 
 by Pliny (/. c.) to which the inhabitants of Mytilene 
 gave the name of Trp6SpoiJ.os or -n-poTpoiTos. (Athen. 
 i. p. 30. b ; ii. p. 45. e.) That which was obtiiined 
 next, before the grapes had been fully trodden, was 
 the mustum lU-ivium, and was considered best for 
 keeping. (Geopon, vi. 16 ; Colum. xii. 41.) After 
 the grapes had been fully trodden and pressed, the 
 mass was taken out, the edges of the husks cut, 
 and the whole again subjected to the press ; the 
 result was the mi/s/i/m turtirum or circumcisitum 
 (Cato, R. R. -23 ; Varr. i. 54 ; Colum. xii. 36), 
 vvhicli was set apart and used for inferior purposes. 
 
 A portion of the must was used at once, being 
 drunk fresh after it had been clarified with vinegar. 
 ((Jeopon. vi. 15.) When it was desired to preserve 
 a quantity in the sweet state, an amphora was 
 taken and coated with pitch within and without ; 
 it was filled with mustiim linvium, and corked so 
 as to be perfectly air-tight. It was then immersed 
 in a tank of cold fresh water or buried in wet sand, 
 and allowed to remain for six weeks or two months. 
 The contents after this process were found to re- 
 main unchanged for a year, and hence the name 
 aci y\(vKOS, i.e. semper mustum. (Geopon. vi. 16 ; 
 Plut. q. N. 20 ; Cato, R. R. 120 ; Colum. xii. 29 ; 
 Plin. //. H. xiv. 11.) A considerable quantity of 
 must from the best and oldest vines was inspissated 
 by boiling, being then distinguished by the Greeks 
 under the general names of eifrjfta or yAiJ^is (Athen. 
 1. 31. e.), while the Latin writers have various 
 temis according to the extent to which the evapo- 
 mtion was carried. Thus, when the must was re- 
 duced to two-thirds of its original volume it became 
 carenum (Pallad. Octobr. tit. xviii), when one-half 
 had evaporated defrutum (Plin. //. N. xiv. 9), when 
 two-thirds sapa (known also by the Greek names 
 siraeum and liepsema, Plin. I. c), but these words 
 are frequently interchanged. (See Varr. ap.Non. c. 
 17. n. 14 ; Colum. xii. 19.) Similar preparations are 
 at the present time called in Italy musto eotto and 
 supa, and in France siibe. The process was car- 
 ried on in large caldrons of lead {i-asa defrutaria), 
 iron or bronze being supposed to communicate a 
 disagreeable flavour, over a slow fire of chips, on a 
 night when there was no moon (Plin. xviii. 74), 
 the scum being carefully removed with leaves 
 (Plin. /. c; Virg. Gcorg. i. 2C9 ; iv. 296), and the 
 liquid constantly stirred to prevent it from burning. 
 
 (Plin. xxiii. 2; Cato, R. R. \»5 ; Colum. xii. 19, 
 20, 21 ; Pallad. xi. 18 ; Dioscorid. v. 9.) These 
 grape-jellies, for they were nothing else, were used 
 extensively for giving body to poor wines and mak- 
 ing them keep, and entered as ingredients into 
 many drinks, such as the hurraiiica potiv, so called 
 from its red colour, which was formed by mixing 
 sapa with miUv (Festus, s. v. Burraniea; compare 
 Ovid, Fast. iv. 782), and others described here- 
 after. 
 
 The whole of the mustum not employed for some 
 of the above purposes was conveyed from the tacus 
 to the ccl/a viiiaria (oivoB^KT), iriBecSy, Geopon. vi. 
 2. 12), an apartment on the ground-floor or a little 
 below the surface, placed in such a situation as 
 to secure a moderate and equable temperature, 
 and at a distiince from dunghills or any objects 
 emitting a strong odoui'. (Varro, R. R. i. 13 ; 
 Geopon. I.e.) Here were the du/iu (iridoi), other- 
 wise called seriae or cupae, long bell-mouthed ves- 
 sels of earthenware (hooped tubs of wood being 
 employed in cold climates only, Plin. xiv. 21) very 
 carefully formed of the best clay and lined ivith a 
 coating of pitch (viaaoiQkvra., picata), the operation 
 (irWuiTis, picuiio) being usually performed while 
 they were hot from the fui'nace. They were usu- 
 ally sunk {depressa, defossa, demcrsa) one-half or 
 two-thirds in the ground ; to the former depth if 
 the wine to be contained was likely to prove strong, 
 to the latter if weak, and attention was paid that 
 they should repose upon a dry bed. They were 
 moreover sprinkled with sea- water, fumigated with 
 aromatic plants and rubbed with their ashes, all 
 rank smelling substances, such as rotten leather, 
 garlic, cheese and the like, being removed lest they 
 should impart a taint to the wine. (Geopon. vi. 2, 
 3,4; Cato, /i. R. 23; Varro, i. 13; Colum. xii. 
 18. 25; Dig. 33. tit. 6. s. 3.) In these dolia the 
 process of fermentation took place. They were not 
 filled quite full, in order that the scmu only might 
 boil over, and this was also cleared oft' at reguliir in- 
 tervals by skimming and carried to a distance. 
 The fermentation usually lasted for about nine 
 days, and as soon as it had subsided and the mus- 
 iiiin had become vinuui, the dolia were closely co- 
 vered, the upper portion of their interior surface as 
 well as the lids {ojx'rcula duliorum) having been 
 previously well rubbed over with a compound of 
 defrutum, saft'ron, old pitch, mastic, and fir-cones. 
 (Geopon. vi. 12 ; Cato, R. R. 107 ; Varro, i. 65 ; 
 Colum. xii. 25. 30.) The opercula were taken off 
 about once every tliirty-six days and oftener in hot 
 weather, in order to cool and give air to the contents, 
 to add any preparaticm required to preserve them 
 sound, and to remove any impurities that might be 
 thrown up. Particular attention was paid to the 
 peculiar light scum, the ovSos olvou {Jios rini), 
 wiiich frequently appeared on the surface after a 
 certain time, since it was supposed to aft'ord indi- 
 cations by its colour and consistence of the quality 
 of the wine. If red (iroptpvpi^ov), broad, and soft, 
 it was a sign that the wine was somid ; if glutinous, 
 it was a bad symptom ; if black or yellow, it de- 
 noted want of body ; if white, it was a proof that 
 the wine would keep well (p-upifiov). Each time 
 that the opercula were replaced they were well rub- 
 bed with fir-cones. (Geopon. vii. 15 ; Colum. xii. 
 38.) [Thyrsus.] 
 
 The commoner sorts of wine were drunk direct 
 from the dolium, and hence di'aught wine was 
 called vinum doliarc or vinum de cupa (Dig. 18. tit. 
 
1046 
 
 VINUM. 
 
 VINUM. 
 
 6. s. 1. § 4 ; Varr. ap. Nan. c. 2. n. 1 1 3), but the finer 
 kinds, such as were yielded by choice localities 
 and possessed sufficient body to bear keeping, were 
 drawn otF {dlffumlere, /ifTayyi^eiu) into amphorae 
 or lagenae, many fanciful precautions being ob- 
 served in transferring them from the larger to the 
 smaller vessel. (Geopon. vii. 5, 6 ; compare Plin. 
 xiv. 27.) These amphorae were made of earthen- 
 ware, and in later times occasionally of glass ; they 
 were stoppered tight by a plug of wood or cork 
 (forter, suher\ which was rendered impervious to 
 air by being smeared over with pitch,clay,orgypsum. 
 On the outside the title of the wine was painted, 
 the date of the vintage being marked by the names 
 of the consuls then in office, or when the jars were 
 of glass, little tickets (^pittacio, tesserae) were sus- 
 pended from them indicating these particulars. 
 (Petron. 34.) The amphorae were then stored up 
 in repositories (apothecae, Colum. i. 6 ; Plin. Ep. ii. 
 17 ; horrea, Senec. Ep. 115 ; tabiilata, Colum. xii. 
 41) completely distinct from the etdla vinaria, and 
 usually placed in the upper story of the house 
 (whence descende, testa, Hor. Carm. iii. 21. 7 ; 
 deripiere horreo, iii. 28. 7) for a reason explained 
 afterwards. 
 
 It is manifest that wines prepared and bottled, 
 if we may use the phrase, in the manner described 
 above must have contained a great quantity of 
 dregs and sediment, and it became absolutely ne- 
 cessary to separate these before it was drunk. 
 This was sometimes eftected by fining with yelks 
 of eggs, those of pigeons being considered most ap- 
 propriate by the fastidious (Hor. Sat. ii. 4. 51), or 
 with the whites whipped up with salt (Geopon. 
 vii. 22), but more commonly by simply straining 
 through small cup-like utensils of silver or bronze 
 perforated with numerous small holes and distin- 
 guished by the various names uAktttjp, rpvyonros, 
 liB/xos, colum vinarium. (Geopon. vii. 37.) [Colum.] 
 Occasionally a piece of linen cloth (aaKKoi, saccus) 
 was placed over the rpvyonros ov co/um (Pollux, vi. 
 19; X. 75) and the wine {(raKKias,saccatus) filtered 
 through. (Martial, viii. 45.) The use of the saccus 
 was considered objectionable for all delicate wines, 
 since it was believed to injure (Hor. Sat. ii. 4. 51) 
 if not entirely to destroy their flavour, and in 
 every instance to diminish the strength of the 
 liquor. For this reason it was employed by the 
 dissipated in order that they might be able to 
 swallow a greater quantity without becoming in- 
 toxicated. (Plin. xiv. 22; compare xxiii. 1.24; 
 six. 4. 19; Cic. ad Fam. ii. 8.) The double pur- 
 pose of cooling and weakening was effectually ac- 
 complished by placing ice or snow in the filter, 
 which under such circumstances became a colum 
 nirarium (Martial, xiv. 103) or saccus nivarius 
 (xiv. 104). 
 
 The wine procured from the musium, toriivum, 
 which was always kept by itself, must have been 
 thin and poor enough, but a still inferior beverage 
 was made by pouring water upon the husks and 
 stalks after they had been fully pressed, allowing 
 them to soak, pressing again, and fermenting the 
 liquor thus obtained. This, which was given to 
 labourers in winter instead of wine, was the Sa/zca 
 or SevTspios of the Greeks, the lora or vinum oj)e- 
 rarium of the Romans, and according to Varro {ap. 
 Non. xvii. 13) was, along with sapa, defmtum, 
 and passum, the drink of elderly women. (See 
 Athen. x. p. 440.) The Greeks added the 
 water in the proportion of ^ of the must pre- 
 
 viously drawn ofif, and then boiled dovra the 
 mixture until ^ had evaporated ; the ItaUans 
 added the water in the proportion of of the 
 must, and threw in the skimmings of the defm- 
 tum and the dregs of the lacus. Another driiik of 
 the same character was the faecatum from wine- 
 lees, and we hear also oi vi?ium praclii/aneum given 
 to the vintagers, which appears to have been manu- 
 factured from inferior and half-ripe fruit gathered 
 before the regular period. (Geopon. vi. 3 ; Cato, 
 B. R. 23. 57. 153; Varro, i. 54 ; Colum. xii. 40; 
 Plin, xiv. 12.) We find an analogy to the above 
 processes in the manufacture of cider, the best 
 being obtained from the first squeezing of the apples 
 and the worst from the pulp and skins macerated 
 in water. 
 
 In all the best wines hitherto described the 
 grapes are supposed to have been gathered as soon 
 as they were fully ripe and fermentation to have 
 run its full course. But a great variety of sweet 
 wines were manufactured by checking the fermen- 
 tation, or by partially dr3'ing the grapes, or by 
 converting them completely into raisins. The 
 yKuKos oTvos of the Geoponic writers (vii. 19) be- 
 longs to the first class. Must obtained in the or- 
 dinary manner was thrown into the dolia, which 
 remained open for three days only and were then 
 partially covered for two more ; a small aperture 
 was left until the seventh day, when they were 
 luted up. If the wine was wished to be still 
 sweeter, the dolia were left open for five days and 
 then at once closed. The free admission of air 
 being necessary for brisk fermentation, and this 
 usually continuing for nine daj's, it is evident that 
 it would proceed weakly and imperfectly under the 
 above circumstances. For the Vinum Dulce of 
 Columella (xii. 27) the grapes were to be dried in 
 the sun for three days after they were gathered, 
 and trodden on the fourth during the full fervour 
 of the mid-day heat. The musium lixivium alone 
 was to be used, and after the fermentation was 
 finished an ounce of well-kneaded iris-root was 
 added to each 50 sextarii ; the wine was racked off 
 from the lees, and was found to be sweet, sound, 
 and wholesome. (Colum. I. c.) For the Vinum 
 Diachi/tum., more luscious still, the grapes were ex- 
 posed to the sun for seven days upon hurdles. 
 (Plin. H..y. xiv. 11.) 
 
 Lastly, Passum or raisin-wine was made from 
 grapes dried in the sun until they had lost half their 
 I weight, or they were plunged into boiling oil, which 
 produced a similar eft'ect, or the bunches after they 
 j were ripe were allowed to hang for some weeks 
 upon the vine, the stalks being twisted or an inci- 
 sion made into the pith of the bearing shoot so as 
 to put a stop to vegetation. The stalks and stones 
 were removed, the raisins were steeped in must or 
 ; good wine, and then trodden or subjected to the 
 gentle action of the press. The quantity of juice 
 j which flowed forth was measured, and an equal 
 [ quantity of water added to the pulpy residuum, 
 i which was again pressed and the product employed 
 for an inferior passum called secundarium, an ex- 
 pression exactly analogous to the Sevreptos mention- 
 ed above. The passum of Crete was most prized 
 (Mart.xiii. lOG; Juv. S. xiv.270),and next in rank 
 were those of Cilicia, Africa, Italy, and the neigh- 
 bouring provinces. The kinds known as Psythium 
 and Melampsi/thium possessed the peculiar flavour 
 of the grape and not that of wine, the Sci/billites 
 from Galatia and the Haluntium from Sicily in hke 
 
VINUM. 
 
 VINUM. 
 
 1047 
 
 manner tasted like must. The grapes most suitable 
 for passuin were those which ripened earlj-, especi- 
 al!}' the varieties Apiana (called by the Greeks 
 Stidta), Scirpula and Psithia. (Geopon. vii. 18; 
 Colum. xii. 39 ; Plin. H. N. xiv. 1 1 ; Virg. Geor. 
 ii. 93.) 
 
 The Greeks recognized three colours in wines : 
 red (^e'Aas), ichite, i. e. pale straw-colour {Mvkos), 
 and brown or amber-coloured (Kippos). (Athen. i. 
 p. 32. c.) Pliny distinguishes four : alhus answer- 
 ing to AeuKoj, J'ulvus to Ktppos, while fj.4\as is sub- 
 divided into sanguinevs and riiyer, the former 
 being doubtless appUed to bright glowing wines 
 like Tent and Burgundy, while the nigcr or ater 
 (Plaut. Menaech. v. b'. 17) would resemble port. 
 In the ordinary Greek authors the epithet ipv6p6s 
 is as common as i^eKas, and will represent the 
 sancitiineus. 
 
 We have seen that wine intended for keeping 
 was racked oif from the dolia into amphorae. 
 When it was necessary in the first instance to 
 transport it from one place to another, or when 
 carried by travellers on a journey, it was contained 
 in bags made of goat-skin (da/coi, titres) well pitched 
 over so as to make the seams perfectly tight. The 
 cut below, from a bronze found at Herculaneum 
 (Mu$. Borhon. vol. iii. tav. 2(!) exhibits a Silenus 
 astride upon one of them. 
 
 When the quantity was large a number of hides 
 were sewed together, and the leathern tun thus 
 constructed carried from place to place in a cart, as 
 shown in the illustration on page 44. (Compare 
 Lucian, Lex. (j.) 
 
 As the process of wine-making among the an- 
 cients was based upon no fixed principles, and for 
 the most part conducted in a most unscientific 
 manner, it was found necessary, except in the case 
 of the finest varieties, to have recourse to va- 
 rious devices for preventing or correcting acidity, 
 heightening the flavour, and increasing the dura- 
 bility of the second growths. This subject was 
 reduced to a regular system by the Greeks : Pliny 
 mentions four authors who had written fonual 
 treatises, and the authors of the Geoponic collec- 
 
 tion, together with Cato, Varro, and Columella, 
 supply a multitude of precepts upon the same 
 topic. The object in view was accomplished some- 
 times by merely mixing ditl'erent kinds of wine 
 together, but more frequently by throwing into 
 the dolia or amphorae various condiments or season- 
 ings {apTVffW, inedicamiiia, condiiarae). Wlien two 
 wines were mixed together those were selected 
 which possessed opposite good qualities and defects. 
 (Athen. i. p. 32. 6.) 
 
 The principal substances employed as conditurae 
 were, 1. sea- water; 2. turpentine, either pure, or 
 in the form of pitch {pi^i), tar {pioc lujuida), or 
 resin (resina). 3. Lime, in the form of gypsum, 
 burnt marble, or calcined shells. 4. Inspissated 
 must. 5. Aromatic herbs, spices, and gums ; and 
 these were used either singly, or cooked up into a 
 great variety of complicated confections. 
 
 We have already seen that it was customary to 
 line the interior of both the dolia and the amphorae 
 with a coating of pitch ; but besides this it was 
 common to add this substance, or resin, in powder, 
 to the must during the fermentation, from a con- 
 viction that it not only rendered the wine more 
 ! full-bodied, but also communicated an agreeable 
 bouquet, together with a certain degree of raciness 
 or piquancy. (Plin. II. N. xiv. 25 ; Plutarch, 
 Si/mp. V. 3.) Wine of this sort, however, when 
 new (noviiium resinatiini) was accounted unwhole- 
 some and apt to induce hcadach and giddiness. 
 From this circumstance it was denominated crapula, 
 and was itself found to be serviceable in checking 
 the fermentation of the must when too violent. 
 
 It must be remembered, that when the vinous 
 fermentation is not well regulated, it is apt to be 
 renewed, in which case a fresh chemical change 
 takes place, and the wine is converted into vinegar 
 (o|oj, acctum), and this acid, again, if exposed to 
 the air, looses its properties and becomes perfectly 
 insipid, in which form it was called vuppa by the 
 Romans, who used the word figuratively for a 
 worthless blockhead. 
 
 Now the great majority of inferior wines, being 
 thin and watery, and containing little alcohol, are 
 constantly liable to undergo these changes, and 
 hence the disposition to acescence was closely 
 watched and combated as far as possible. With 
 this view those substances were thrown into the 
 dolia, which it was known would neutralize any 
 acid which might be formed, such as vegetable 
 ashes, which contain an alkali, gypsum, and pure 
 lime, besides which we find a long list of articles, 
 which must be regarded as preventives rather 
 than correctives, such as the various preparations 
 of turpentine already noticed, ahuonds, raisins 
 steeped in must, parched salt, goats' milk, cedar- 
 cones, gall-nuts, blazing pine-torches, or red-hot 
 irons quenched in the liquid, and a multitude of 
 others. (Geopon. vii. 12. 15, 16, &c.) But in ad- 
 dition to these, which are all harmless, we find 
 some traces of the use of the highly poisonous 
 salts of lead for the same purpose (Geopon. vii. 19), 
 a practice which produced the most fatal conse- 
 quences in the middle ages, and was prohibited by 
 a series of the most stringent enactments. (See 
 Beckmann's Hislory of hiventions, vol. i. p. 396, 
 Trans.) 
 
 Defrutum also was employed to a great extent ; 
 but being itself liable to turn sour, it was not used 
 until its soundness had been tested by keeping it 
 for a year. It was then introduced, either in its 
 
1048 
 
 VINUM. 
 
 VINUM. 
 
 simple state, in the proportion of a sextarius to the 
 amphora, that is, of 1 to 48, or it was combined 
 with a great variety of aromatics, according to a pre- 
 scription furnished by ColmneUa (xii. 20). In this 
 receipt, and others of the same kind, the various 
 herbs were intended to give additional efficacy to 
 the nourishing powers of the defrutum, and gi'eat 
 pains were taken to prevent them from affecting 
 the taste of the wine. But from a very early 
 period it was customary to flavour wines highly by 
 a large admixture of perfiunes, plants, and spices. 
 We find a spiced drink (6| a.pwfj.dTwv Kara- 
 (TKfva^ofiivos) noticed under the name of rplfifia 
 by Athenaeus and the writers of the new comedy 
 (Athen. i. p. 31. e. ; Pollux, vi. 18), and for the 
 whole class Pliny has the general term aromatites 
 (xiv. 19. §5). 
 
 There was another and very numerous family 
 of wines, entitled ohoi liyieivoi, into which drugs 
 were introduced to produce medicinal effects. 
 Sucli were rinum marritliii (horehound) for coughs, 
 the scillHes (sqiiill-wine), to assist digestion, pro- 
 mote expectoration, and act as a general tonic, ab- 
 sinthiUs (wine of wormwood), corresponding to the 
 modem rermutli, and above all the mt/rtites (myrtle- 
 berry-wine), which possessed innumerable virtues. 
 (Columell. 32. 39 ; Geopon. viii. 1, &c.) 
 
 Pliny, under the head of vina Jictitia, includes 
 not only the oipoi vyteivo'i, but a vast number of 
 otliers bearing a strong analogy to our British 
 home-made wines, such as cowslip, ginger, elder- 
 berry-, and the like ; and as we manufacture 
 Champagne out of gooseberries, so the Italians 
 had their imitations of the costly vintages of the 
 most favoured Asiatic isles. These vina Jictitia 
 were, as may be imagined, almost countless, everj' 
 varietj' of fruit, flower, vegetable, shnib, and per- 
 fume being put in requisition : figs, cornels, medlars, 
 roses, asparagus, parsley, radishes, laurels, junipers, 
 cassia, cinnamon, saffron, nard, malobathrum, afford 
 but a small sample. It must be remarked, that 
 there was one material difference between the 
 method followed by the Greeks and that adopted 
 by the Romans in cooking these potions. The 
 fonner included the dnig, or whatever it might be, 
 in a bag, which was suspended in a jar of wine, 
 and allowed to remain as long as was thought 
 necessarj' ; the latter mixed the flavouring in- 
 gredient with the sweet must, and fermented 
 them together, thus obtaining a much more power- 
 ful extract ; and this is the plan pursued for 
 British wines, except that we are obliged to sub- 
 stitute sugar and water for grape-juice. (Geopon. 
 viii. 32, 33, 34 ; Plin. H. N. xiv. 19 ; Colum. 
 11. cc; Cato, R.Ii. 114, 11.5.) 
 
 But not only were spices, fragrant roots, leaves, 
 and gums steeped in wine or incorporated during 
 fermentation, but even the precious perfumed 
 essential oils {itminoita) were mixed with it before 
 it was drunk. The Greeks were exceedingly par- 
 tial to this kind of drink. (Aelian, V.H. xii. 31.) 
 We also learn from Aelian (I.e.) that it was named 
 (ivppLv'nris, which seems to be the same with the 
 fjLvpp'wqs of Poseidippus (Athen. i. p. 32. b.), the 
 /xyppivr) of Hesychius, the ixvpiyrjs of Pollux (vi. 2), 
 and the murrldna of Plautus [Pseudol. ii. 4. 50 ; 
 compare nardini amphoram. Miles Gl. iii. 2. II ; 
 Festus, s. V. Miirrata potio and Murrimi). The 
 Romans were not slow to follow the example set 
 them, valuing bitterness so highly, says Pliny {ff. 
 N. xiii. 5), that they were resolved to enjoy costly | 
 
 perfumes with two senses, and hence the expres- 
 sions "/o&'ate sift's" in Martial (xiv. 110) and 
 " perfiisa mero spumant unrjuenta Falerno " in 
 Juvenal (vi. 303). 
 
 In a more primitive age we detect the same 
 fondness for the admixture of something extraneous. 
 Hecamede, when preparing a draught for Nestor, 
 fills his cup with Pramnian wine, over which she 
 grates goat-milk cheese and sprinkles the whole 
 with flour (II. xi. 638), the latter being a common 
 addition at a much later epoch. (Athen. x. p. 432.) 
 So also the draught administered by Circe con- 
 sisted' of wine, cheese, and honey ; and according 
 to Theophrastus (Athen. i. p. 32. a.) the wine 
 druidc in the prytaneum of the Thasians was ren- 
 dered delicious by their throwing into the jar 
 which contained it a cake of wheaten flour kneaded 
 up with honey. (Compare Plat. Si/mp. i. 1. 4.) 
 
 This leads us on to notice the most generally 
 popuLarof all thesecompound beverages, the olv6ixf\i 
 of the Greeks, the umlsum of the Romans. This 
 was of two kinds ; in the one honey was mixed 
 with wine, in the other with must. The former 
 was said to have been invented by the legendary 
 hero Aristaeus, the first cultivator of bees (Plin. 
 xiv. 4), and was considered most perfect and 
 palatable when made of some old rough (austerum) 
 wine, such as Massic or Faleniian (although 
 Horace objects to the latter for this purpose, Siit. 
 ii. 4. 24), and new Attic honey. (Mart. iv. 13; 
 xiii. 108 ; Dioscor. v. 16; Macrob. Sat. vii. 12.) 
 The proportions as stated in the Geoponic collec- 
 tion were four, by measure, of wine to one of 
 honey, and various spices and perfumes, such as 
 myrrh, cassia, costum, malobathrum, nard, and 
 pepper, might be added. The second kind, the 
 ocuonwiam of Isidorus (Oriy. xx. 3. § 11), accord- 
 ing to the Greek authorities (Geopon. viii. 26), was 
 made of must evaporated to one half of its original 
 bulk, Attic honey being added in the proportion of 
 one to ten. This, therefore, was merely a very 
 rich fruit synip in no way allied to wine. The 
 virtues of miilsi/m are detailed by Pliny (//. N. 
 xxii. 4 ; compare Geopon. I.e.); it was considered 
 the most appropriate draught upon an empty 
 stomach, and was therefore swallowed immediately 
 before the regular business of a repast began ( Hor. 
 Sat. ii. 4. 25 ; Senec. Ep. 122), and hence the 
 whet (gustalio) coming before the cup of mulsum 
 was called the promuhis. (Cic. Ep. Fam. ix. 16 
 and 20.) We infer from Plautus (Bacch. iv. 9. 
 149; compare Liv. xxxviii. 55) that 7n«/sMm was 
 given at a triumph hj the Imperator to his soldiers. 
 
 Mulsum (sc. vimmi) or olvofx^Ki is perfectly dis- 
 tinct from mulsa (sc. aqua). The latter, or mead., 
 being made of honey and water mixed and fer- 
 mented, is the fiiXlKpaTOv or vipo/xeKi of the 
 Greeks (Geopon. viii. 28 ; Dioscorid. v. 9 ; Isidor. 
 Oi iy. XX. 3. § 10 ; Plin. //. iV. xiv. 20), although 
 Pollux confounds (vi.2) neAiKparov with olvdfieKi. 
 Again, vSpofiijAov (Geopon. viii. 27) or hi/dromclum 
 (Isidor. Oriy. xx. 3. § 11) was cider; o^v^ieAt 
 (Plin. H. N. xiv. 20) was a compound of vinegar, 
 honey, salt, and pure water, boiled together and 
 kept for a long time ; (io5ofi4\t was a mere confec- 
 tion of expressed juice of rose-leaves and honey. 
 (Geopon. viii. 29.) 
 
 The ancients considered old wine not only more 
 grateful to the palate but also more wholesome and 
 invigorating (Athen. i. p. 26. a. ; ii. p. 36. e.), and 
 curiously enough, Pliny seems to suppose that it 
 
VINUM. 
 
 VINUM. 
 
 1049 
 
 grew more strong and fiery by age in consequence 
 of tlie dissipation of the watery particles (//. JV. 
 vii. 3). Generally speaking the Greek wines do 
 not seem to have required a long time to ripen. 
 Nestor in the Odyssee, indeed, drinks ■wine ten 
 years old (iii. 391), and wine kept for sixteen 
 years is incidentally mentioned by Athenaeus(xiii. 
 p. 584. b.) ; but the connoisseurs under the Empire 
 pronounced that all transmarine wines arrived at a 
 moderate degree of maturity («</ vetuatatem medium) 
 in six or seven. (Plin, xiv. 10.) Many of the 
 Italian varieties, however, as we shall see below, 
 required to be kept for twenty or twenty-five years 
 before they were drinkable (which is now consid- 
 ered ample for our strongest ports), and even the 
 hmnble growths of Sabinum were stored up for 
 from fom- to fifteen. (Hor. Cann. i. 9. 7 ; Athen. 
 i. p. 27G.) Hence it became a matter of import- 
 ance to hasten, if possible, the natural process. 
 This was attempted in various ways, sometimes by 
 elaborate condiments (Geopon. vii. 24), sometimes 
 by sinking vessels containing the must in the sea, 
 by which an artificial mellowness was induced 
 ( praemx vetusias) and the wine in conse(]uence 
 termed thalassites (Plin. H. N. xiv. 10) ; but more 
 usually by the appUcation of heat. (Plut. Si/mp. v. 
 3.) Thus it was customary to expose the am- 
 phorae for some years to the full fervour of the 
 sun's rays, or to construct the apot/tecae in such a 
 manner as to be exposed to the hot air and smoke 
 of the bath-furnaces (Colum. i. 6), and hence the 
 name fumaria applied to such apartments, and the 
 phrases fumosos, fumum hibcrc, fuligine testae in 
 reference to the wines. (TibuU. ii. \.2(i ; Hor. 
 Carm. iii. 8, 9 ; Juv. v. 35.) If the operation was 
 not conducted with care, and the amphorae not 
 stoppered down perfectly tight, a disagreeable 
 effect would be produced on the contents, and it is 
 in consequence of such carelessness that Martial 
 pours forth his maledictions on the fumaria of 
 Marseilles (x. 36 ; iii. 82 ; xii. 123). 
 
 The year B. c. 121 is said to have been a 
 season singularly favourable to all the productions 
 of the earth ; from the great heat of the autumn 
 the wine was of an unprecedented quality, and re- 
 mained long celebrated as the Vlnum Opimianum, 
 from L. Opimius the consul of that year, who slew 
 Caius Gracchus. A great quantity had been 
 treasured up and sedulously preserved, so that 
 samples were still in existence in the days of the 
 elder Pliny, nearly two hundred years afterwards. 
 It was reduced, he says, to the consistence of 
 rough hone)', and, like other very old wines, so 
 strong and harsh and bitter as to be undrinkable 
 until largely diluted with water. Such wines, 
 however, he adds, were useful for flavouring others 
 when mixed in small quantities. 
 
 Our most direct information with regard to the 
 price of common wine in Italy is derived from 
 Columella (iii. 3. § 12), who reckons that the 
 lowest market price of the most ordinary quality 
 was 300 sesterces for 40 urnae, that is 15 sesterces 
 for the amphora, or 6d. a gallon nearly. At a 
 much earlier date, the triumph of L. Metellus 
 during the first Punic war (b. c. 250), wine was 
 sold at the rate of 8 asses the amphora (Varro, ap. 
 Plin. H. N. xviii. 4), and in the year B. c. 89 the 
 censors P. Licinius Crassus and L. Julius Caesar 
 issued a proclamation that no one should sell 
 Greek and Aminean wine at so high a rate as 8 
 asses the amphora ; but this was probably intended 
 
 as a prohibition to their being sold at all, in order 
 to check the taste then beginning to display itself 
 for foreign luxuries, for we find that at the same 
 time they positively forbade the use of exotic 
 unguents. (Plin. H.N. xiv. 16; xiii. 3.) 
 
 The price of native wine at Athens was four 
 drachmas for the metretcs, that is, about 4irf. the 
 gallon, when necessaries were dear, and Biickh con- 
 siders that we may assume one half of this sum as 
 the average of cheaper times. In fact, we find in 
 an agreement in Demosthenes (/« Lacrit. p. 928) 
 300 casks (Kepo^uio) of Mendaean wine, which we 
 know was used at the most sumptuous Macedonian 
 entertainments (Athen. iv. p. 129. d.), valued at 
 600 di-achmas, which gives two drachmas for tlie 
 metretes, or little more than '2d. a gallon ; but still 
 more astonishing is the marvellous cheapness of 
 Lusitanian wine, of which more than ten gallons 
 were sold for 'id. On the other hand high prices 
 were given ii'eely for the varieties held in es- 
 teem, since, as early as the time of Socrates a me- 
 tretes of Chian sold for a mina. (Plut. dc A/iim. 
 Tranijui/l. 10 ; Bdckh, Fubl. Eeon. of At}iens,\. 
 p. 133. Trans.) 
 
 With respect to the way in which wine was 
 drunk, and the customs observed by the Greeks 
 and Ramans at their drinking entertainments, the 
 reader is referred to the article Svjiposium. 
 
 It now remains for us to name the most es- 
 teemed wines, and to point out their localities ; but 
 our limits will allow us to enumerate none but the 
 most celebrated. As far as those of Greece are 
 concerned, our information is scanty ; since in the 
 older writers we find but a small number defined 
 by specific appellations, the general terra olvos usu- 
 ally standing alone without any distinguishing 
 epithet. The wine of most early celebrity was 
 that which the minister of Apollo, Maron, who 
 dwelt upon the skirts of Thracian Ismarus, gave to 
 Ulysses. It was red (epuflpoV), and honey-sweet 
 (/ieAirjSea), so precious, that it was unknown to all 
 in the mansion save the wife of the priest and one 
 trusty housekeeper ; so strong, that a single cup 
 was mingled with twenty of water ; so fragrant 
 that even when thus diluted it diffused a divine 
 and most tempting perfume, {fid. Lx. 203.) Pliny 
 (//. N. xiv. 6) asserts that vrine endowed with 
 sunilar noble properties was produced in the same 
 region in his own day. Homer mentions also more 
 than once {II. xi. 638 ; Od. x. 234) Pramnian wine 
 {ohoi npajUfeios), an epithet which is variously 
 interpreted by certain different writers. (Athen. i. 
 p. 28. f.) In after times a wine bearing the same 
 name was produccil in the island of Icaria, around 
 the hill village of Latorca in the vicinity of Ephe- 
 sus, in the neighbourhood of Smyrna near the 
 shrine of Cybele, and in Lesbos. (Athen. i. p. 30. c. 
 &c. ; Plin. xiv. 6.) The Pramnian of Icaria is 
 characterized by Eparchides as dry (<TKX-qp6s), 
 harsh (au(7T7)f)os),astringent and remarkably strong, 
 qualities which, according to Aristophanes, ren- 
 dered it particularly unpalatable to the Athenians. 
 (Athen. i. p. 30. c.) 
 
 But the wines of greatest renown during the 
 brilliant period of Grecian history and after the 
 Roman conquest were grown in the islands of Tha- 
 sos, Lesbos, Chios and Cos, and in a few favoured 
 spots on the opposite coast of Asia (Strabo, xiv. 
 p. 637), such as the slopes of Mount Tmolus, the 
 ridge which separates the valley of the Ilornuis 
 from that of the Cajster (Plin. v. 29 ; Virg. Gear. 
 
1050 
 
 VINUM. 
 
 VINUM. 
 
 ii. 97 ; Ovid, Met. vi. 15), Mount Messogis, which 
 diWdes the tributaries of the Ca'yster from those of 
 the Meander (Strabo, xiv. p. ()50), the volcanic 
 region of the Catacecaumene (Vitruv. iii. 3) which 
 still retains its fame (Keppell's Travels, ii. p. 355), 
 the environs of Ephesus (Dioscorid. v. 12), of Cni- 
 dus (Athen. i. p. '29. a.), of Miletus ( Athen. /. c), 
 and of Clazomenae. (Plin. xiv. 9.) Among these 
 the first place seems to have been by general con- 
 sent conceded to the Cldan, of which the most de- 
 licious varieties were brought from the heights of 
 Ariusium, in the central parts (Virg. Ed. v. 71 ; 
 Plin. H. N. xiv. 7 ; Silius, vii. 210), and from the 
 promontorj' of Phanae at the southern extremity of 
 the island. (Virg. Geor. ii. 97.) The T/iasian and 
 Lesbian occupied the second place, and the Coan dis- 
 puted the palm with them. (Athen. i. p. 28, 29, &c.) 
 In Lesbos the most highly prized vineyards were 
 around Mytilene (Athen. i. p. 30. b. ; iii. p. 86. e. ; 
 p. 92. d.), and Methymna. (Athen. viii. p. 363. b.; 
 Pausan. x. 19 ; Virg. Geor. ii. 89 ; Ovid, Jr. Am. 
 i. 57.) Pliny (xiv. 9), who gives the preference 
 over all others to the Clazomenian. says that the 
 Lesbian had naturally a taste of salt water, while 
 the epithet "innocens," applied by Horace, seems 
 to point out that it was light and wholesome. 
 
 It may here be observed that there is no foun- 
 dation whatever for the remark that the finest 
 Greek wines, especially the products of the islands 
 in the Aegean and Ionian seas, belonged for the 
 most part to the luscious sweet class. The very 
 reverse is proved by the epithets avcrrqpos, (tk\t)- 
 pos, KeirrSs, and the like, applied to a great num- 
 ber, while yAuKuj and •yKvKd^wv are designations 
 comparatively rare, except in the vague language 
 of poetry. " Vinum omne dtdce minus odoraium" 
 says Pliny (//.JV. xiv. 11), and the ancients ap- 
 pear to have been fully sensible that sweet wines 
 could not be swallowed cither with pleasure or 
 safety, except in small quantities. The mistake 
 has arisen from not perceiving that the expressions 
 oivos yXvKvs and oivos tjSuj are by no means ne- 
 cessarily synonymous. The former signifies wine 
 posiiirc/r/ siivcl, the latter wine agreeable to the 
 taste from the absence o/'aciilitt/, in most cases indi- 
 cating nothing more than sound wine. 
 
 It is well known that all the most noble Italian 
 wines, with a very few exceptions, were derived 
 from Latium and Campania, and for the most part 
 grew within a short distance of the sea. "The 
 whole of these places," says Strabo (v. p. 234), 
 when describing this coast, " yield excellent wine ; 
 among the most celebrated are the Caecuban, the 
 Fundanian, the Setinian, and so also are the Fa- ; 
 lernian, the Alban and the Statinian." But the 
 classification adopted by Pliny (xiv. 6) will prove 
 our best guide, and this we shall follow to a certain 
 extent. 
 
 In the first rank, then, we must place the Se- 
 iinum which fairly deserves the title of Imperial, 
 since it was the chosen beverage of Augustus and 
 most of his courtiers. It grew upon the hills of 
 Setia, above Fonim Appii, looking downi upon the 
 Pomptine marshes. (Pendula Pomptinos quae spec- 
 ial Setia campos. Mart. xiii. 112 ; see also vi. 86 ; 
 ix. 3 ; X. 74 ; xiii. 112; Juv. v. 34 ; Silius, viii. 
 378 ; Plin. H. N. I.e.) Before the age of Augustus 
 the Caeciiiium was the most prized of all. It grew 
 in the poplar swamps bordering on the gulf of 
 Amyclae, close to Fundi. (Mart. xiii. 1 l.i.) In the 
 time of Pliny its reputation was entirely gone, 
 
 partly in consequence of the carelessness of the 
 cultivators, and partly from its proper soil, origin- 
 ally a very limited space, having been cut up by 
 the canal of Nero extending from Baiae to Ostia. 
 Galen (Athen. i. p. 27. a.) represents it as gene- 
 rous, full bodied and heady, not arriving at maturity 
 until it had been kept for many years. (Plin. /. c. ; 
 Strabo, V. p. 231 ; Mart. xiii. 115 ; Hor. Carm. i. 
 20. 9 ; iii. 23. 2, &c.) 
 
 The second rank was occupied by the Falernum, 
 of which the Faustianum was the most choice va- 
 riety, having gained its character from the care 
 and skill exercised in the cultivation of the vines ; 
 but when Pliny wrote, it was beginning to fall in 
 public estimation, in consequence of the growers 
 being more solicitous about quantity than quality, 
 just as was the case with Madeira a few years 
 ago. The Falernus a/fcr, concerning the precise 
 limits of which there have been many controver- 
 sies, commenced at the Pons Campanus, on the 
 left hand of those journeying towards the Urbana 
 Colonia of Sulla, the Faustianus ager at a village 
 about six miles from Sinuessa, so that the whole 
 district in question may be regarded as stretching 
 from the Massic hills to the river Vultumus. Fa- 
 lernian became fit for drinking in ten years, and 
 might be used until twenty years old, but when 
 kept longer gave headachs, and proved injurious 
 to the nervous system. Pliny distinguishes three 
 kinds, the rough (austerum), the sweet (dulce), and 
 the thin (tenue). Galen {ap. Athen. i. p. 26. c.) 
 two only, the rough (avarfjpos') and the sweetish 
 {yKvKa^oiv). When the south wind prevailed 
 during the season of the vintage the wine was 
 sweetish and darker in colour {ixiKavr^pos), but if 
 the grapes were gathered during weather of a dif- 
 ferent description, it was rough, and tawny or 
 amber-coloured {Kipf>os). The ordinary appear- 
 ance of Falemian, which has been made a theme 
 of considerable discussion, seems to be determined 
 by a passage in Pliny {H. N. xxxvii. 12), in which 
 we are informed that the finest amber was named 
 Falerna. Others arranged the varieties differently ; 
 that which grew upon the hill tops they called 
 Caucinum, that on the middle slopes Faustianum, 
 that on the plain Falernum. (Plin. /. c. and xxiii. 
 21 ; Athen. i. p. 26. c. ; Hor. Carm. i. 20. 10; 
 Prop. iv. 6 ; Martial, ix. 95 ; Silius, vii. 159.) 
 
 In the third rank was the Albanum, from the 
 Mons Albanus (Mons J«/f;<s, Mart. xiii. 109), of va- 
 rious kinds, very sweet (/)ru<'A(?<'e),swectish(7Ai"fa- 
 ^wv), rough (Plin. xxiii. 21 ), and sharp {6iJ.<paKlas); 
 it was invigorating (ncri-is utile), and in perfec- 
 tion after being kept for fifteen years. (Plin. II. cc; 
 Mart. xiii. 109 ; Hor. Sat. ii. 8. 14 ; Juv. v. 33 ; 
 Athen. i. p. 26. d.) Here too we place the Sur- 
 rentinum, from the promontory forming the south- 
 em horn of the bay of Naples, which was not 
 drinkable until it had been kept for five-and- 
 twent}- years, for being destitute of richness (aA.(- 
 wT^s) and very dry (^a(pap6s), it required a long 
 time to ripen, but was strongly recommended to 
 convalescents, on account of its thinness and whole- 
 someness. Galen, however, was of opinion that 
 it agreed with those only who were accustomed to 
 use it constantly ; Tiberius was wont to say that 
 the phj'sicians had conspired to dignify what was 
 only ffcnerous rinegar ; while his successor, Caligula, 
 styled it nobilis vappa. (Plin. //. cc. ; Athen. I. c.) 
 Of equal reputation were the Masdcum, from the 
 hills which formed the boundary between Latium 
 
VINUM. 
 
 VINUM. 
 
 1051 
 
 and Campania, although somewhat harsh, as would 
 seem, from the precautions recommended by the 
 epicure in Horace {Sat. ii. 4. 51 : compare Carm. i. 
 1. 19 ; i. 7- 21 ; iii. 21 ; Mart. xiii. Ill ; Silius, 
 vii. 207), and the Gauranum, from the ridge above 
 Baiae and Puteoli, produced in small quantity, but 
 of very high quality, full bodied (tvTovos) and 
 thick {Traxvs). (Athen. L c. ; Plin. H. N. iii. 5 ; 
 Flor. iii. 5.) In the same class are to be included 
 the Calenum from Cales, and the Fundanum from 
 Fundi. Both had formerly held a higher place, 
 " but vineyards," moralizes Pliny, " as well as 
 states, have their periods of rise, of glory, and of 
 fall." The Calenum was light {Kov<pos), and bet- 
 ter for the stomach than Falernian ; the Fuuda- 
 nnin was full bodied (eilrovos) and nourishing, but 
 apt to attack both stomach and head ; therefore 
 little sought after at banquets. (Strabo, v. p. 234 ; 
 Athen. i. p. 27. a. ; Hor. Carni.i. 31. 9 ; Juv. i. 
 69 ; Mart. x. 35 ; xiii. 113.) This list is closed 
 by the VclUerniiiam, Privemutinuin, and Signinum, 
 from Velitrae, Priverntim, and Signia, towns on 
 the Volscian hills ; the first was a sound wine, 
 but had this peculiarity, that it always tasted as if 
 mixed with some foreign substance ; the second 
 was thin and pleasant ; the last was looked upon 
 only in the light of a medicine, valuable for its 
 astringent qualities. (Athen. i. p. 27. b. ; Plin. /. c. ; 
 Mart. xiii. 1 1 6.) We may safely bring in one 
 more, the Formianum, from the gulf of Caieta 
 {jLaestrt/gonia Bacclim in amphora, Hor. Carm. iii. 
 16. 34), associated by Horace with the Caecuban, 
 Falernian, and Calenian (Hor. Carm. i. 20 ; iii. 
 16), and compared by Galen (ap. Allien, i. p. 26. 
 e.) to the Privernatinura and Rheginum, but richer 
 (Aiwapairipos), and ripening quicklj-. 
 
 The fourth rank contained the Mamertinum, 
 from the neighbourhood of Messana, first brought 
 into fashion by Julius Caesar. The finest, called 
 Poialanum ('IwTaA.ij'oj, Athen. i. p. 27. d.), from 
 the fields nearest to the main land, was sound 
 (ijSus), light, and at the same time not without 
 body. The Tauromcidtaniim was frequently sub- 
 stituted fraudulently for the Mamertinum, which it 
 resembled. (Athen. i. p. 27. d. ; Plin. I. c.) 
 
 Of the wines in Southern Gaul, that of Daeter- 
 rae alone bore a high character. The rest were 
 looked upon with suspicion, in consecpience of the 
 notorious frauds of the dealers in the Province, who 
 carried on the business of adulteration to a great 
 extent, and did not scruple to have recourse to 
 noxious drugs. Among other things, it was known 
 that they purchased aloes, to heighten the flavour 
 and improve the colour of their merchandise, and 
 conducted the process of artificial ripening so un- 
 skilfully, as to impart a taste of smoke, which 
 called forth, as we have seen above, the maledic- 
 tion of Martial on thefumariaof Marseilles. (Plin. 
 H. N. xiv. 8. § 5.) 
 
 The produce of the Balearic isles was compared 
 to the first growths of Italy, and the same praise 
 was shared by the vineyards of Tarraco and Lau- 
 ron, while those of the Laielani were not so much 
 famed for the quality as for the abundance of their 
 supply. (Plin. //. N. xiv. 8. § 6 ; Mart. xiii. 118 ; 
 Silius, iii. 370.) 
 
 Returning to the East, several districts of Pon- 
 tus, Paphlagonia, and Bithynia, Lampsacus on the 
 Hellespont, Telmessus in Caria, Cypras, Tripolis, 
 Berytus, and Tyre, all claimed distinction, and 
 above all the Clialybmiium, originally from Beroea, 
 
 but afterwards grown in the neighbourhood of Da- 
 mascus also, was the chosen and only drink of the 
 Great King (Plin. H. N. xiv. 9 ; Geopon. v. 2 ; 
 Athen. i. p. 28. d.), to which we may join the 
 Balji/lonium, called nectar by Chaereus (Atlien. i. 
 p. 29. f.), and the BvSXiuos from Phoenicia, which 
 found many admirers. (Athen. i. p. 29. b.) The 
 last is spoken of elsewhere as Thracian, or Grecian, 
 or Sicilian, which may have arisen from the same 
 grape having been disseminated through these 
 countries. (Compare Herod. Op. 589 ; Herod, ii. 
 35 ; Athen. i. p. 31. a.) 
 
 Passing on, in the hist place, to Egypt, where, 
 according to Hellanicus, the vine was first dis- 
 covered, the Mareoticum, from near Alexandria, de- 
 mands our attention. It is highly extolled by 
 Athenaeus, being white, sweet, fragrant, light 
 (AeirToj), circulating quickly through the frame, 
 and not flying to the head ; but superior even to 
 this was the Taenioticnnt, so named from a long 
 narrow sandy ridge (Tatvia) near the western ex- 
 tremity of the Delta ; it was aromatic, slightly 
 astringent, and of an oily consistency, which dis- 
 appeared when it was mixed with water : besides 
 tliese we hear of the Se/jen/n/tu-um, and the wine of 
 Antylla, a town not far from Alexandria. Ad- 
 vancing up the valley, the wine of the Thebai's, 
 and especially of Co[)tos, was so thin and easily 
 thrown off that it could be given without injury to 
 fever patients ; and ascending through Nubia, to 
 the confluence of the Nile with the Astapus, we 
 reach Merot, whose wine has been immortalized 
 by Lucan. (Athen. i. p. 33. f. ; Strab. xvii. p. 799 ; 
 Hor. Carm. i. 37. 10; Virg. Oeor. ii. 91 ; Lucan, 
 X. 161 ; Plin. H.N. xiv. 9.) Martial appears to 
 have held them all very cheap, since he pronounces 
 the Yuiegar of Egypt better than its wine. (xiii. 
 112.) 
 
 We read of several wines which received their 
 designation, not from the region to which they be- 
 longed, but from the particular kind of grape from 
 which they were made, or from some circumstance 
 connected with their history or qualities. Names 
 belonging to the former class were in all likelihood 
 bestowed before the most favoured districts were 
 generally known, and before the effects produced 
 upon the vine, by change of soil and climate, had 
 been accurately observed and studied. After these 
 matters were better understood, habit and mercan- 
 tile usage would tend to perpetuate the ancient 
 appellation. Thus, down to a late period, we hear 
 of the Amineum ['AfuvaTos olvos, Hesych.), from 
 the Aminca VUis, which held the first place among 
 vines, and embraced many varieties, carefully dis- 
 criminated and cultivated according to different 
 methods. (Plin. //. iV. xiv. 4. § 1 ; Cato, R. R. 
 6 and 7 ; Colum. iii. 2. § 7 ; 9. § 3.) It was of 
 Grecian origin, having been conveyed by a Thes- 
 salian tribe to Italy (a story which would seem 
 to refer to some Pelasgian migration), and reared 
 chiefly in Campania around Naples, and in the 
 Falernus ager. Its characteristic excellence was 
 the great body and consequent durability of its 
 wine. (Firmissima fina, Virg. Geory. ii. 97 ; Galen, 
 AMh. med. xii. 4 ; Geopon. viii. 22 ; Cels. iv. 2 ; 
 Macrob. ii. 16; Auson. Fp. xviii. 32; Seren. 
 Samm. xxix. 544.) So, in like manner, the ^i0ios 
 olvos (Athen. i. p. 28. f.), from the x^Ma ilfj.iTi\os 
 (Colum. iii. 2. § 24), which Virgil tells us {Gcorg. 
 ii. 93) was particularly suitable for passum, and 
 the Ka-nvias (smoke-wine) of Plato the comic poet 
 
1052 
 
 VIRGA. 
 
 VITRUM. 
 
 (Athen. i. p. 31. e.), prepared in greatest perfec- 
 tion near Beneventuni, from the Kairveos afjLveKos. 
 so named in consequence of the chisters being 
 neither white nor black, but of an intermediate 
 dusky or sraok}' hue. (Theophr. //. P. ii. 4; C. P. 
 V. 3 ; Aristot. de Genei: iv. 4 ; Plin. H. N. xiv. 4. 
 § 7 ; compare xxxvi. 30, on the gem Cupnias.) 
 
 On the other hand, the Soirpiay, on whose di- 
 vine fragrance Herraippus descants in such glow- 
 ing Language (Athen. i. p. 29. e.), is simply some 
 rich wine of great age, " toothless, and sere, and 
 wondrous old." (dSoVras ovk exwf, ijSj) aa-npos . . . 
 yepwu 76 Satfiov'iws, Athen. x. p. 441. d. ; see 
 Eustath. ad Horn. Od. ii. 340 ; Casaub. ad Athen. 
 i. p. 29.) The origin of the title dvBoafilas is some- 
 what more doubtful : some will have it to denote 
 wine from a sweet-smelling spot (Suid. s. v.) ; others 
 more reasonably refer it to the " bouquet" of the 
 wine itself (Hesych. s. t'.) ; according to Phanias of 
 Eresus. in one passage, it was a compound, formed 
 by adding one part of sea-water to fifty of must, 
 although, in another place, he seems to say, that it 
 was wine obtained from grapes gathered before they 
 were ripe, in which case it might resemble Cham- 
 pagne. (Athen. i. p. 32. a.; compare p. 402. e.) 
 
 Those who desire more minute details upon this 
 very extensive subject may considt the Geoponic 
 Collection, books iii. to viii. inclusive ; the whole 
 of the 14th book of Pliny's Natiu'al History, to- 
 gether with the first thirty chapters of the 23d ; 
 the 12th book of Columella with the commentary 
 of Schneider and others ; the 2nd book of Virgil's 
 (ieorgics, with the remarks of Hej-ne, Voss, and 
 the old grammarians ; Galen, i. 9, and xii. 4 ; 
 Pollux, vi. et seq. ; Athenaeus, lib. i. and lib. x. ; 
 besides which there are a midtitude of passages 
 in other parts of the above authors, in Cato, Varro, 
 and in the classics generally, which bear more or 
 less upon these topics. 
 
 Of modern writers we may notice particularly. 
 Prosper RendeUa, Tradalus de Vinea, Vindemia et 
 Vino, Venet. 1029; Galeatius Landrinus, Quaestio 
 de Miaiiorie Vini et Aquae., Ferrar. 1593; An- 
 dreas Baccius, de Naturali Vinorum Historia, S[c. 
 Rom. 1590 ; deConviviis A 'ntufiorum, ^c. Gronov. 
 Thes. Graec. Antiq. ; Sir Edward Barry, Observa- 
 tions on the Wines of tlie Aneients, Lond. 1775; 
 Henderson, History o/ Ancient and Modern Wines, 
 Lond. 1824. Some of the most important facts 
 are presented in a condensed form in Becker's 
 Gallu.':, vol ii. p. 103 .. . 170. and p. 238 . . 241. 
 and Charikles, i. 450, seq. [W. R.] 
 
 VIOCURI. [QUATUORVIRI VlALES.] 
 
 VIRGA, dim. VIRGULA, (pogSos,) a rod, or 
 wand. This was in many cases the emblem of a 
 certain rank or office ; being carried, for example, 
 by the Salii [Ancile], by a judge or civil officer 
 (see woodcut, p. 51), a herald [Caduceus] (Non. 
 Marc. p. 528 ; Ovid, Met. i. 710), and by the Tri- 
 cliniurehu [Triclinium], or any other person who 
 had to exercise authority over slaves. (Senec. Epist. 
 47.) The use of the rod (^a^Sifeic, Acts, xvi. 22) 
 in the punishment of Roman citizens was abolished 
 by the Lex Portia, (p. 504.) In the Fasces a 
 number of rods were bound together. 
 
 A rod was used to thrash the smaller kinds of 
 grain, such as cummin. (Hieron. in Is. xxviii. 27.) 
 [Flagrum]. 
 
 The wand was also the common instrument of 
 magical display, as in the hand of Circe (Hom. Od. 
 X. 238. 293. 318. 389), and of Minerva (xvi. 172). 
 
 To do anything virgida divina was to do it hy ma- 
 yic. (Cic. Att. i. 44.) The stripes of cloth were 
 called rirt/ae. (Ovid, Ar. Am. iii. 209.) [Pal- 
 lium, p. 700 ; Tela, p. 943.] [J. Y.] 
 VIRGINES VESTA'LES. [Vestales Via- 
 
 GINES.] 
 
 VIRIDA'RIUM. [HoRTU.s, p. 490.] 
 
 VIS. Leges were passed at Rome for the pur- 
 pose of preventing acts of violence. The Lex 
 Plotia or Plautia was enacted against those who 
 occupied public places and carried arms. (Cic. ad 
 Att. ii. 24 ; de Harusp. Rcspons. 8.) The Lex 
 proposed by the consul Q. Catulus on this subject, 
 with the assistance of Plautius the tribunus ap- 
 pears to be the Lex Plotia. (Cic. pro Cocl. 29 ; 
 Sallust. in Cin. Declam.) There was a Lex 
 Julia of the Dictator Caesar on this subject, which 
 imposed the penalty of exile. (Cic. Philip, i. 9.) 
 Two Juliae Leges were passed as to this matter in 
 the time of Augustus, which were respectively en- 
 titled De Vi Publica, and De Vi Privata. (Dig. 
 48. tit. 0, 7.) The Lex de Vi Publica did not 
 apply, as the title might seem to import, exclu- 
 sively to acts against the public peace, and it is 
 not possible to describe it very accurately except 
 by enumerating its chief provisions. The collect- 
 ing of amis (arma, tela) in a house (donms), or in 
 a villa {ay rove in villa), except for the purpose of 
 hunting, or going a journey or a voyage, was in 
 itself a violation of the Lex. The signification of 
 the word tela in this Lex was very extensive. The 
 punishment for the violation of this Lex was aquae 
 et ignis interdictio, except in the case of attacking 
 and plundering houses or villas with an anned band, 
 in which case the punishment was death ; and the 
 penalty was the same for carrying off a woman, 
 married or unmarried. The cases enumerated in 
 the Digest, as falling within the penalties of the 
 Lex Julia de Vi Privata, are cases where the act 
 was of less atrocity ; for instance, if a man got a 
 number of men together for a riot, which ended in 
 the beating of a person, but not in his death, he 
 came within the penalties of the Lex de Vi Pri- 
 vata. It was also a case of Vis Privata, when 
 persons combined to prevent another being brought' 
 before the praetor. The Senatusconsultum Volusi- 
 anum extended the penalties of the Lex to those 
 who maintained another in his suit, with the view 
 of sharing any advantage that might result from it. 
 The penalties of this Lex were the loss of a third 
 part of the offender's property ; and he was ^Iso 
 declared to be incapable of being a Senator orTDe- 
 curio, or a judex : by a Senatusconsultum, the name 
 of which is not given, he was incapacitated from 
 enjoj-ing any honour, quasi infamis. [G. L.] 
 
 VIS et VIS ARMATA. There was an inter- 
 dict De Vi et Vi Armata, which applied to the 
 case of a man who was forcibly ejected from the 
 possession of a piece of ground or edifice {<pii vi de- 
 jectus est). The object of the interdict was to restore 
 the party ejected to possession. (Dig. 43, tit. 10 ; 
 Interdictum.) [G. L.] 
 
 VISCERA'TIO. [FuNUS, p. 443.] 
 
 VITIS. LCenturio.] 
 
 VITRUM (u'aA.os), glass. A singular amount 
 of ignorance and scepticism long prevailed with 
 regard to the knowledge possessed by the ancients 
 in the art of glass-making. Some asserted that it 
 was to be regarded as exclusively a modem inven- 
 tion, while others, unable idtogether to resist the 
 mass of evidence to the contrary, contented them- 
 
VITRUM. 
 
 VITRUM. 
 
 10.53 
 
 selves with believing that the substance was known 
 only in its coarsest and rudest form. It is now 
 clearly demonstrated to have been in common use 
 at a very remote epoch. Various specimens still in 
 existence prove that the manufacture had in some 
 branches reached a point of perfection to which re- 
 cent skill has not yet been able to attain, and al- 
 though we may not feel disposed to go so far as 
 Winckelmann (i. c. 2. § 20), who contends that 
 it was used more generally and for a greater va- 
 riety of purposes in the old world than among our- 
 selves, yet when we examine the numerous collec- 
 tions arranged in all great pidjlic museums, we 
 must feel convinced that it was employed as an 
 ordinary material for all manner of domestic uten- 
 sils by the Egj'ptians, Greeks, and Romans. 
 
 We find the process of glass-blowing distinctly 
 represented in the paintings of Beni Hassan, which, 
 if any faith can be reposed in the interpretation of 
 hieroglj'phics according to thi phonetic system, were 
 executed during the reigns of Osirtasen the First, 
 the contemporary of Joseph, and his immediate 
 successors, while a glass bead has been found at 
 Thebes bearing the name of a monarch who lived 
 3300 years ago, about the time of the Jewish 
 Exodus. Vases also, wine-bottles, drinking-cups, 
 bugles, and a multitude of other objects have been 
 discovered in sepulchres and attached to mummies 
 both in Upper and Lower Egj'pt, and although in 
 most cases no precise date can be affixed to these 
 relics, many of them are referred by the most com- 
 petent judges to a very early period. (Wilkinson, 
 Ancient Eiit/ptiuns, vol. iii. p. 88, &c.) 
 
 A story has been preserved by Pliny {H. N. 
 xxx\'i. 6.5), that glass was first discovered acci- 
 dentall)' by some merchants who having landed on 
 the Syrian coast at the mouth of the river Belus, 
 and being unable to find stones to support their 
 cooking-pots, fetched for this purpose from their 
 ship some of the lumps of nitre which composed 
 tiie cargo. This being fused by the heat of the 
 fire, united with the sand upon which it rested 
 and formed a stream of vitrified matter. No con- 
 . elusion can be drawn from this tale, even if true, 
 in consequence of its vagueness, but it probably 
 originated in the fact recorded by Strabo (xvi. p. 
 7.58) and Josephus {B. J. ii. 9), that the sand of 
 "the district in question was esteemed peculiarly 
 suitable for glass-making, and exported in great 
 ^Juantities to the workshops of Sidon and Alexan- 
 dria, long the most famous in the ancient world. 
 (See Hamberger and Michaelis on the Glass 
 of the Hebrews and Phoenicians, Commentar. 
 Soc. Gott. tom. iv; Heeren, Ideen, i. ii. p. 94.) 
 Alexandria sustained its reputation for many cen- 
 turies ; Rome derived a great portion of its supplies 
 from this source, and as late as the reign of Aure- 
 lian we find the manufacture stiU flourishing. (Cic. 
 j>ro Rahir. Post. 14 ; Strabo, I.e.; Martial, xi. 11; 
 xii. 74; xiv. 115 ; Vopisc. Aurel. 45 ; Boudet, Siir 
 VArt de la Verrerie ne en Eyypie; Description de 
 VEnnpte, tom. ix. p. 213.) 
 
 There is some difficulty in deciding by what 
 Greek author glass is first mentioned, because the 
 term xiaXos, like the Hebrew word used in the 
 book of Job (xxviii. 17) and translated in theLXX. 
 by vaKos, unquestionably denotes not only artificial 
 glass but rock-crystal, or indeed any transparent 
 stone or stone-like substance. {'^cho\. ad Aristoph. 
 Niih. 7.'57.) Thus the u'eAos of Herodotus (iii. 24), 
 in which the Ethiopians encased the bodies of their 
 
 dead, cannot be glass, although understood in this 
 sense by Ctesias and Diodorus (ii. 15), for we are 
 expressly told that it was dug in abundance out of 
 the earth ; and hence commentators have conjec- 
 tured that rock-crystal or rock-salt, or amber, or 
 oriental alabaster, or some bituminous or gunnuy 
 product might be indicated. But when the same 
 historian in his account of sacred crocodiles (ii. G9) 
 states that they were decorated with car-rings 
 made of melted stone [dprrijia-ra re XiBiva x"''"'^ 
 Kal xpucrea es ra wra 4i'64vTes), we may safely 
 conclude that he intends to describe some vitreous 
 ornament for which he knew no appropriate name. 
 The (T(ppay\s vaXtvT) and (r<ppay7Se vaK'wa of an 
 Athenian inscription referred to B. c. 398 (Bbckh, 
 Corp. Inscrip. n. 150. § 50), together with the 
 passage in Aristophanes [Acharn. 74) where the 
 envoy boasts that he had been drinking with the 
 great king " e| vaAivwv iKvoiiMruiv " decide no- 
 thing, especially since in another comedy {N/di. 
 737) Strepsiades describes a vaKos, or burning- 
 glass, as a transparent stone sold in the shops of 
 apothecaries, and we know that any solid diapha- 
 nous substance ground into the form of a lens 
 would produce the eft'ect. Setting aside the two 
 problems -mth regard to glass, attributed to Ari- 
 stotle, as confessedly' spurious, we at length find a 
 satisfactory testimony in the works of his pupil and 
 successor, Theophrastus, who notices the circum- 
 stance alluded to above, of the fitness of the sand 
 at the mouth of the river Belus for the fabrication 
 of glass. 
 
 Among the Latin writers Lucretius appears to 
 be the first in whom the word vilrum occurs (iv. 
 (;04 ; vi. 991 ) ; but it must have been well-known 
 to his countrymen long before, for Cicero names it, 
 along with paper and linen, as a common article of 
 merchandise brought from Egypt {pro Rab. Post. 
 14). Scaurus, in his aedileship (b. c. 58), made 
 a display of it such as was never witnessed even 
 in after-times ; for the sccmt of his gorgeous theatre 
 was divided into three tiers, of which the under 
 portion was of marble, the upper of gilded wood, 
 and the middle compartment of glass. (Plin. //. N. 
 xxxvi. 34. § 7.) In the poets of the Augustan age 
 it is constantly introduced, both directly and in 
 similes, and in such terms as to prove that it was 
 an object with wliich every one must be familiar 
 (e. g. Virg. Ceory. iv. 350 ; Aen. vii. 759 ; Ovid, 
 Amor. i. 6. 55; Prop. iv. 8. 37; Hor. Carm. iii. 
 13. 1). Strabo decl ares that in his day a small 
 drinking-cup of glass might be purchased at Rome 
 for half an as (xvi. p. 758 ; compare Martial, ix. 
 GO), and so common was it in the time of Juvenal 
 and Martial, that old men and women made a 
 livelihood by trucking sulphur matches for broken 
 fragments. (Juv. v. 48 ; Martial, i. 42 ; x. 3 ; 
 Stat. Sylv. i. 6. 73 ; compare Dion Cass. Ivi. 17.) 
 When Pliny wrote manufactories had been esta- 
 blished not only in Italy, but in Spain and Gaul 
 also, and glass drinking-cups had entirely super- 
 seded those of gold and silver (//". A'", xxxvi. 66, 
 67), and in the reign of Alexander Sevenis we find 
 vitrearii ranked along with curriers, coachmakers, 
 goldsmiths, silversmiths and other ordinaryartificers 
 whom the emperor taxed to raise money for his 
 thenuae. (Lamprid. Alex. Sev. 24.) 
 
 The numerous .specimens transmitted to us prove 
 that the ancients were well acquainted with the 
 art of imparting a great variety of colours to their 
 glass ; tliey were probably less successful in their 
 
1054 
 
 VITRUM. 
 
 VITRUM. 
 
 attempts to render it perfectly pure and free from 
 all colour, since we are told by Pliny that it was 
 considered most valuable in this state. It was 
 wought according to the different methods now 
 practised, being fashioned into the required shape 
 hy the blowpipe, cut, as we term it, although 
 ground {icritur) is a more accm'ate phrase, upon a 
 wheel, and engraved with a sharp tool like silver 
 (" aliud flatu figuratur, aliud torno teritur, aliud 
 argenti modo coelatur," Plin. H.N. xxxvi. 66). 
 Doubts have been expressed touching the accuracy 
 of the last part of this statement ; but since we 
 have the most positive evidence that the diamond 
 (adamas) was employed by engravers of gems 
 (Plin. //. N. xxxvii. 15 ; Solin. 52 ; Isidor. xvi. 
 13. 3), and might therefore have been applied with 
 still greater facility to scratching the surface of 
 glass, there is no necessity for supposing that Pliny 
 was not himself aware of what he meant to say, nor 
 for twisting his words into meanings which they 
 cannot legitimately assume, especially since hiero- 
 glyphics and various other devices are now to be 
 seen on Egyptian vases and trinkets which have 
 been engraved l)y some such process. (Wilkinson, 
 vol. iii. p. 105.) The duitreta of Martial (xii. 70) 
 were glass cups cut or engraved according to one 
 or other of the above methods. The process was 
 difficult, and accidents occurred so frequently 
 (Mart. xiv. 115) that the jurists found it necessary 
 to define accurately the circumstances under which 
 the workman became liable for the value of the 
 vessel destroyed. (Dig. .9. tit. 2. s. 27. § 29 ; see 
 Salmasius, ad Vopisc. SaUirn. c. 8.) The art of 
 etching upon glass, now so common, was entirely 
 unknown, since it depends upon the properties of 
 fluoric acid, a chemical discovery of the last cen- 
 tury. 
 
 We may now briefly enumerate the chief uses 
 to which glass was applied. 
 
 1. Bottles, vases, cups, and cinerary urns. A 
 great number of these may be seen in the British 
 Museum and all the principal continental cabinets, 
 but especially in the Museo Borbonico at Naples, 
 which contains the spoils of Herculaneum and Pom- 
 peii, and includes upwards of 2400 specimens of 
 ancient glass. These sufficiently prove the taste, 
 ingenuity and consummate skill lavished upon such 
 labours ; many which have been shaped by the 
 blow-pipe onlj' are remarkable for their graceful 
 form and brilliant colours, while others are of the 
 most delicate and complicated workmanship. A 
 very remarkable object belonging to the last class, 
 the property of the Trivulsi family, is described in 
 the notes to Winckelmann ( i. c. 2. §21) and figured 
 here. It is a glass cup contained within a sort 
 of net-work, also of glass, to which it is attached 
 by a series of short and very fine glass props placed 
 at equal distances from each other. Round the 
 rim are several letters connected with the cup in 
 the same manner as the net-work, and forming the 
 words BiBE Vivas Multos Annos. The cha- 
 racters of the inscription are green, the net-work is 
 blue, the cup itself resembles opal, shades of red, 
 white, yellow and blue predominating in turn ac- 
 cording to the angle at which the light falls upon 
 it. It was at first believed that this effect was 
 the result of long interment beneath the ground ; 
 but it is much more likely to have been produced 
 by the artist, for it con'esponds precisely to the 
 account given of two precious cups presented by an 
 Eg}-ptian priest to the emperor Adrian, and cha- 
 
 racterised as caltces allassonies versicolores. (Vopisc. 
 Saturn, c. 8.) Neither the letters nor the net-work 
 have been soldered to the cup, but the whole has 
 been cut out of a solid mass after the manner of a 
 cameo, the marks of the wheel being still visible 
 on the little props which are more or less angular 
 according as the instriunent was able to reach them 
 completely or not. But the great triumph of an- 
 cient genius in this department is the celebrated 
 Portland Vase, formerly known as the Barberini 
 Vase, which is now in the British Museum. It was 
 found about three hundred years ago, at a short 
 distance from Rome, in a marble coffin within a 
 sepulchral vault, pronounced upon very imperfect 
 evidence to have been the tomb of Alexander Se- 
 verus. The extreme beauty of this urn led Mont- 
 faucon and other antiquaries to mistake it for a real 
 sardonyx. Upon more accurate examination it was 
 ascertained to be composed of dark blue glass, of a 
 very rich tint, on the surface of which are deline- 
 ated in relief several minute and elaborately 
 wrought figures of opake white enamel. It has 
 been determined by persons of the greatest practi- 
 cal experience that these figures must have been 
 moulded separately, and afterwards fixed to the 
 blue surface b}' a partial fusion, but the union has 
 been effected with such extraordinary care and 
 dexterity, that no trace of the junction can be ob- 
 served, nor have the most delicate lines received 
 the slightest injury. With such samples before us, 
 we need not wonder that in the time of Nero a 
 pair of moderate sized glass cups with handles 
 (pteroti) sometimes cost fifty pounds {HS sex mil- 
 libus, Plin. H. N. x.xxvi. 66). For a full descrip- 
 tion of the Portland Vase, see the eighth volume of 
 the Archaeologia. 
 
 2. Glass Pastes presenting fac-similes either in 
 relief or intaglio of engraved precious stones. In 
 this way have been preserved exact copies of many 
 beautiful gems, of which the originals no longer 
 exist as may be seen from the catalogues of Stosch, 
 of Tassie, of the Orleans collection, and from similar 
 publications. These were in demand for the rings of 
 such persons as were not wealthy enough to purchase 
 real stones, as we perceive from the phrase " vitrei^ 
 i/emviis ex' vulgi anmdis.'''' (Phn. H.N. xxxv. 30.) 
 Large medallions also of this kind are still pre- 
 served, and bas-reliefs of considerable magnitude. 
 (See Winckelmann, i. c. 2. § 27.) 
 
 3. Closely allied to the preceding were imitations 
 of coloured precious stones such as the carbuncle. 
 
VITRUM. 
 
 he sapphire, the amethyst, and, above all, the eme- 
 ald. These counterfeits were executed with such 
 idelity, that detection was extremely difficult, and 
 jeat profits were realized by dishonest dealers 
 vho entrapped the unwary. ( Plin. /T. iV. xxx vii. 
 '5.) That such frauds were practised even upon 
 ;he most exalted in station is seen from the anec- 
 iote given by Trebcllius PoUio of the whimsical 
 vengeance taken by Gallienus (Ga/l. c. 12) on a 
 •Qgue who had cheated him in this way, and col- 
 ections are to be seen at Rome of pieces of coloured 
 ;lass which were evidently once worn as jewels, 
 iom which they cannot be distinguished by the 
 lye. (Plin. H. N. xxxvii. 26. 33. 75 ; Senec. Ep. 
 )0; Isidor. Ork/. xvi. 15. § 27 ; Beckmann, History 
 ■>f Inventions, vol. i. p. 1 99. Eng. Trans. 3d edit.) 
 
 4. One very elegant application of glass deserves 
 be particularly noticed. A number of fine stalks 
 
 »f glass of different colours were placed vertically, 
 and arranged in such a manner as to depict upon 
 ;he upper surface some figure or pattern, upon the 
 foi principle of a minute mosaic. The filaments thus 
 ill combined were then subjected to such a degree of 
 ;eat as would suffice to soften without melting 
 iibl them, and were thus cemented together into a 
 jils solid mass. It is evident that the picture 
 ka brought out upon the upper surface would extend 
 a down through the whole of the little column thus 
 -■formed, and hence if it was cut into thin slices at 
 riglit angles to the direction of the fibres, each of 
 these sections would upon both sides represent the 
 design which would thus be multiplied to an extent 
 in proportion to the total length of the glass threads. 
 Two beautiful fragments evidently constructed in 
 this way are accurately commented upon by 
 Winckelmann (i. c. 2. g 22, 23, 24), and another 
 (recently brought from Egypt is shown on the fron- 
 Itispiece to the third volume of Wilkinson's work. 
 Many mosaic pavements and pictures (opus mu- 
 sivum) belong to this head, since the cubes were 
 frequently composed of opake glass as well as 
 marble, but these have been already discussed in 
 ,p. 697 of this work. 
 
 5. Thick sheets of glass of various colours appear 
 to have been laid down for paving floors, and to 
 have been attached as a lining to the walls and 
 ceilings of apartments in dwelling houses, just as 
 scagliuola is frequently employed in Italy, and oc- 
 casionally in our own country also. Rooms fitted 
 up in this way were called intreae canwrae, and the 
 panels vitrcae quad rat urae. Such was the kind 
 of decoration introduced by Scaunis for the scene 
 of his theatre, not columns nor pillars of glass as 
 some, nor bas-reliefs as others have imagined. 
 (Plin. H. N. xxxvi. 64 ; Stat. Si/l. i. 5. 42 ; Senec. 
 Ep. 76 ; Vopisc. Firm. c. 3 ; Winckelmann, i. c. 2. 
 §21 ; Passeri, Lucernae Fictiles, p. 67. tab.lxxi.) 
 
 6. The question whether glass windows were 
 known to the ancients has, after much discussion, 
 been set at rest by the excavations at Pompeii, for 
 not only have many fragments of flat glass been 
 disinterred from time to time, but in the tepidarium 
 of the public baths a bronze lattice came to bght 
 with some of the panes still inserted in the frame, 
 so as to determine at once not only their existence, 
 but the mode in which they were secured and ar- 
 ranged. (Mazois, Palais de Scaurus, c. viii. p. 97 ; 
 Ruines de Pompei, torn. iii. p. 77 ; Becker, Gallus, 
 ii. p. 20.) [House (Roman), p. 500.] 
 
 7. From the time that pure glass became known, 
 it must have been remaiked that when darkened 
 
 VITTA. 
 
 1055 
 
 upon one side, it possessed the property of reflect- 
 ing images. We are certain that an attempt was 
 made by the Sidonians to make looking-glasses 
 (Plin. H.N. xxxvi. 66), and equally certain that 
 it must have failed, for the use of metallic mirrors, 
 which are more costly in the first instance, which 
 require constant care, and attain but imperfectly 
 tlie end desired, was universal under the Empire. 
 Respecting ancient mirrors, see Speculum. 
 
 8. A strange story with regard to an alleged in- 
 vention of malleable glass is found in Petronius 
 (c. 51), is told still more circumstantially by Dion 
 Cassius (Ivii. 21), and is alluded to by Pliny {H.N. 
 xxxvi. 66), with an expression of doubt, however, 
 as to its truth. An artist appeared before Tiberius 
 with a cup of glass. This he dashed violently 
 upon the ground. When taken up it was neither 
 broken nor cracked, but dinted like a piece of 
 metal. The man then produced a mallet, and ham- 
 mered it back into its original shape. The emperor 
 inquired whether any one was acquainted with the 
 secret, and was answered in the negative, upon 
 which the order was given that he should be in- 
 stantly beheaded, lest the precious metals might 
 lose their value, should such a composition become 
 generally known. [W. R.] 
 
 VITTA, or plural VITTAE, a ribbon or fiUet, 
 is to be considered, I. As an ordinary portion of 
 female dress. II. As a decoration of sacred per- 
 sons and sacred things. 
 
 I. When considered as an ordinary portion of 
 female dress, it was simply a band encircling the 
 head, and serving to confine the tresses (crinales 
 vittae), the ends, when long (longae taenia vittae), 
 hanging down behind. (Virg. Aen. vii. 351. 403 ; 
 Ovid, Met. ii. 413 ; iv. 6 ; Isidor. xix. 31. § 6.) 
 It was worn (1.) by maidens (Virg. Aen. ii. 168 ; 
 Prop. iv. 11. 34; Val. Flacc. viii. 6; Serv. ad 
 Virg. Aen. ii. 133) ; (2.) by married women also, 
 the vitta assumed on the nuptial day being of a 
 different form from that used by virgins. (Prop. iv. 
 3. 15 ; 11. 34 ; Plant. Mil. Ol. iii. 1. 194 ; Val. 
 Max. V. 2. § 1.) 
 
 The Vitta was not worn by libertinae even of 
 fair character (Tibull. i. 6. 67), much less by me- 
 retrices ; hence it was looked upon as an insigm 
 pudoris, and, together with the stola and instUa, 
 served to point out at first sight the freebom ma- 
 tron. (Ovid, A. A. i. 31 ; R. A. 386 ; Trist. ii. 
 247 ; Ep. ex Pont. iii. 3. 51.) 
 
 The colour was probably a matter of choice, 
 white and purple are both mentioned. (Ovid, Met. 
 ii. 413 ; Ciris, 511 ; Stat. Achill. i. 611.) One 
 of those represented in the cuts below is orna- 
 mented with embroidery, and they were in some 
 cases set with pearls {vittae margaritarum. Dig. 34. 
 tit. 2. s. 25. § 2). 
 
 The following woodcuts represent back and front 
 views of the heads of statues from Herculaneum, 
 on which we perceive the vitta. {Bronzi d''Erco- 
 lano, torn. ii. tav. 72. 75.) 
 
1056 
 
 UMBRACULUM. 
 
 UNCIA. 
 
 II. When employed for sacred purposes, it was 
 usually twisted round the infula [Infula], and 
 held together the loose flocks of wool. (Virg. Geury. 
 iii. 487 ; Aen. x. 537 ; Isidor. xix. 30. § 4 ; Serv. 
 ad Vir<j. Acn. x. 538 ; the expression of Lucan v. 
 142, &c. is obscure.) Und<'r this fomi it was em- 
 ployed as an ornament for (1.) Priests, and those 
 who offered sacrifice. (Virg. ^en. ii. 221 ; iv. 637 ; 
 X. 537 ; Tacit. Ann. i. 57.) (2.) Priestesses, espe- 
 cially those of Vesta, and hence vittata sacerdos 
 for a Vestal, /car* i^oxw- (Virg. Acn. vii. 418 ; 
 Ovid, Fast. iii. 30 ; vi. 457 ; Juv. iv. .0 ; vi. 50.) 
 (3.) Prophets and poets, who may be regarded as 
 priests, and in this case the Vittae were frequently 
 intertwined with chaplets of olive or laurel. (Virg. 
 Aen. iii. 81 ; vi. 6G5 ; Stat. Silv. ii. 1. 2G ; AchiU. 
 
 i. 11; Thcb. iii. 4C()). (4.) Statues of deities. 
 (Virg. Am. ii. 168. 296 ; Juv. vi. 50 ; Compare 
 Stat. &Yt). iii. 3.3.) (5.) Victims decked for sa- 
 crifice. (Virg. Geory. iii. 487 ; Aen. ii. 133. 156 ; 
 V. 366 ; Ovid, Ep.tjc Pont. iii. 2. 74 ; Stat. Achill. 
 
 ii. 301.) (6.) Altars. (Virg. Ed. viii. 64 ; Acn. 
 
 iii. 64.) (7.) Temples. (Prop. iv. 9. 27 ; compare 
 Tacit. Hist. iv. 53.) (8.) The iK^Tripia of suppli- 
 ants. (Virg. vlcH. vii. 237 ; viii. 128.) 
 
 The sacred vittae, as well as the infulae, were 
 made of wool, and hence the epithets hmca (Ovid, 
 Fust. iii. 30) and mollis. (Virg. Eel. viii. 64.) 
 They were white {niveae, Virg. Gcory. iii. 487 ; 
 Ovid. Met. xiii. 643 ; Stat. Thch. iii. 466), or pur- 
 ple (puniceac, Prop. iv. 9. 27), or azure {caeruleae) 
 when wreathed round an altar to the manes. (Virg. 
 Aoi. iii. 64.) 
 
 Vitta is also used in the general sense of a string 
 for tying up garlands (Plin. //. A^. xviii. 2 ; Isidor. 
 xix. 31. 6), and vittae loreae for the leathern straps 
 or braces by which a machine was worked. (Plin. 
 //. A^. xviii. 31.) [W. R.] 
 
 ULNA. [Pes, p. 747.] 
 
 UMBELLA. [Umbrauulum.] 
 
 UMBI'LICUS. [Liber.] 
 
 UMBO. [Clipeus ; Toca, p. 974.] 
 
 UMBRA'CULUM, UMBELLA (amdSeiov, 
 aKtaSiou, (TKtaSi<TKri) a parasol, was used by Greek 
 and Roman ladies as a protection ag-ainst the sun. 
 They seem not to have been carried generally by 
 the ladies themselves, but by female slaves who 
 lield them over their mistresses. The daughters 
 of the aliens [fifTOiKoi) at Athens had to carry 
 parasols after the Athenian maidens at the Panathe- 
 naea, as is mentioned imder 'TAPIA4>OPl'A, p. 501. 
 The parasols of the ancients seem to have been 
 exiictly like our own parasols or umbrellas in 
 form, and could be shut up and opened like ours. 
 (Aristoph. Enuit. 1348 ; Schol. ud loc; Ovid, Ar. 
 Am. ii. 209.) They are often represented in paint- 
 ings on ancient vases : the annexed woodcut is 
 taken from Millin's Peinturcs de Vases Antiques, 
 vol. i. pi. 70. The female is clothed in a long 
 Chiton or Uiploidion [Tunica, p. 1014], and has 
 a small llimation, which seems to have fallen off 
 her shoulders. 
 
 It was considered a mark of effeminacy for men 
 to make use of parasols. (Anacreon, ap. Athen. xii. 
 p. 534. a.) The Roman ladies used them in the 
 amphitheatre to defend themselves from the sun or 
 some passing shower (Mart. xiv. 28), when the 
 wind or other circumstances did not allow the ve- 
 larium to be extended. [Amphitheatrum, p. 42.] 
 To hold a parasol over a lady was one of the 
 common attentions of lovers (Mart. xi. 73 ; Ovid, 
 
 I. c), and it seems to have been very common to 
 give parasols as presents. (Juv. ix. 50.) Instead 
 of parasols the Greek women in later times wore a 
 kind of straw hat or bonnet, called S)o\la. (Pollux, 
 vii. 174 ; compare x. 127 ; Theocr. xv. 39.) The 
 Romans also wore a hat with a broad brim {pciasus) 
 as a protection against the sun. (Suet. Any. 82 ; 
 Dion Cass. lix. 7.) See Paciaudi, de Umhellae 
 gcMationc, Rom. 1752 ; Becker, C7mWto, ii. p. 73. 
 
 UNCIA (dy/ci'a, ovyKia, ovyyia), the twelfth 
 part of the As or Libra, is derived by Varro from 
 u7ms, as being the unit of the divisions of the aa 
 (Z. £. V. 171. MuUer). 
 
 Its value as a weight was 433'666 grains, or f 
 of an ounce and 105'36 grains avoirdupois. 
 [Libra.] It was subdivided into 
 
 2 Semunciae, each . 
 
 3 Duellae, „ 
 
 4 Sicilici, „ 
 6 Sextulae, „ 
 
 24 Scrupula „ 
 144 Siliquae ,, 
 
 In connecting the Roman system of weights and 
 money with the Greek another division of the uncia 
 was used. When the drachma was introduced 
 into the Roman system as equivalent to the dena- 
 rius of 96 to the pound [Denarius ; Drachma] 
 the uncia contained 8 drachmae, the drachma 3 
 scrupula, the scrupulum 2 oboli (since (J oboli 
 made up the drachma), and the obolos 3 siliquae 
 (KepoTi'a). Therefore the uncia was divided into 
 8 drachmae, each . = 54*208 grs. 
 24 scrupula „ . = 18-069 „ 
 48 oboh „ . = 9-034 „ 
 
 144 siliquae „ . = 3-011 „ 
 In this division we have the origin of the modem 
 Italian system, in which the pound is divided into 
 12 ounces, the ounce into three drams, the dram 
 into three scruples, and the scruple into 6 carats. 
 In each of these systems 1728 K^paria, siliquae, 
 or carats, make up the pound. 
 
 The uncial system was adopted by the Greeks 
 of Sicily, wlio called their obol X'lrpa (the Roman 
 libra), and divided it into 12 parts, each of which 
 
 Oz. 
 
 Grs. 
 
 1 
 
 107-46 
 
 ■k 
 
 35-12 
 
 » 
 
 108-416 
 
 « 
 
 72-277 
 
 
 18-069 
 
 5? 
 
 3-011 
 
UNGUENTA. 
 
 UNIVERSITAS. 
 
 1057 
 
 they called oyKla or ouyKia (the Roman undo). 
 [AI'TPA.] In this s3'stem the dyKia was reckoned 
 equal to the x"^«oCs. 
 
 Miiller considers that the Greeks of Sicily, and 
 also the Romans themselves, obtained the uncial 
 system from tlie Etruscans. {Etrusker, i. p. 309.) 
 The Romans applied the uncial division to all 
 I kinds of mapiitude. [As.] In length the uncia 
 f was the twelfth of a foot, whence the word inch 
 [Pes], in area the twelfth of a jugerum [Juge- 
 RUm], in content the twelfth of a sextarius [Sex- 
 TARius ; CvATHUS ; EE'2TH2], in time the 
 twelfth of an hour. [As, stih. fi.n.'] 
 
 (Bockh, Mctrohij. Vntcrsudi. p. 155. 160. 165. 
 293; VVumi, da Pond, &c. p. 8. 9. 63. 67. 118. 
 138.) [P. S.] 
 
 UNCIA, a Roman copper coin, the twelfth of 
 the As. [P. S.] 
 
 UNCIA'RIUM FOENUS. [Interest of 
 ' Money, p. 526.] 
 
 '. UNCTO'RES. [Baths, p. 139.] 
 L UNCTUA'RIUM. [Baths, p. 139.] 
 D UNGUENTA, ointments, oils, or salves. The 
 i. application of Unguenta in connection with the 
 bathing and athletic contests of the ancients is 
 stated under Baths and Athletae, &c. But 
 ialthough their original object was simply to pre- 
 serve the health and elasticity of the human frame, 
 they were in later times used as articles of lu-xury. 
 They were then not only emploj-ed to impart to 
 'the body or liair a particular colour, but also to 
 Ijive to them the most beautiful fragrance possible ; 
 .they were, moreover, not merely applied after a 
 bath, but at any time, to render one's appearance or 
 presence more pleasant than usual. In short they 
 were used then as oils and pomatums are at present. 
 
 The nimierous kinds of oils, soaps, pomatums, 
 ind other perfumes with which the ancients were 
 iquainted is quite astonishing. We know several 
 kinds of soaps which they used, though, as it ap- 
 )ears, more for the purpose of painting the hair 
 ;han for cleaning it. (Plin. //. A^. xviii. 12. 51 ; 
 Mart. viii. 23. 20 ; xiv. 26. 27.) For the same 
 Jiirpose they also used certain herbs. (Ovid, Ar. 
 Amat. iii. 163 ; Amor. i. 14.) 
 
 Among the various and costly oils which were 
 jartly used for the skin and partly for the hair, the 
 :olIowing may be mentioned as examples : mende- 
 lium, megalesium, raetopium, amaracinum, Cypri- 
 lum, susinum, nardinum, spicatum, iasminum, 
 osaceum, and crocus-oil, which was considered the 
 nost costly. (Becker, Gall us, \\. p. 27.) In ad- 
 lition to these oils the ancients also used various 
 dnds of powder as perfumes, which by a general 
 lame are called Diapasmaia. To what extent 
 he luxurj' of using fragrant oils and the like was 
 .arried on, maybe inferred from Seneca (Epist. 86) 
 who says that people anointed themselves twice or 
 Ten three times a day, in order that the delicious 
 ragrance might never diminish. At Rome, how- 
 ver, these luxuries did not become verj' general 
 ill towards the end of the republic (GeU. vii. 12), 
 while the Greeks appear to have been familiar with 
 hem from early times. The wealthy Greeks and 
 Romans carried their ointments and perfumes with 
 liem, especially when they bathed, in small boxes 
 f costly materials and beautiful workmanship, 
 vhich were called Narthecia. (Bottiger, Sabina, i. 
 I. 52.) The traffic which was carried on in these 
 intments and perfumes in several towns of Greece 
 nd southern Italy was very considerable. The 
 
 persons engaged in manufacturing them were called 
 by the Romans Utiyucntarii (Cic. de Off. i. 12 ; 
 Ilorat. Sai. ii. 3. 228), or as they frequently were 
 women, Unymnianac (Plin. //. A'', viii. 5), and 
 the art of manufacturing them Unyuentaria. In 
 the wealthy and effeminate citj' of Capua there 
 was one great street called the Seplasia which 
 consisted entirely of shops in which ointments and 
 perfumes were sold. 
 
 A few words are necessary on the custom of the 
 ancients in painting their faces. In Greece this 
 practice appears to have been very common among 
 the ladies, though men also had sometimes re- 
 course to it, as, for example, Demetrius Phalereus. 
 (Athen. xii. p. 642.) But as regards the women, 
 it appears that their retired mode of living, and 
 their sitting mostly in their own apartments, de- 
 prived them of a great part of their natural fresh- 
 ness and beauty, for which, of course, they were 
 anxious to make up by artificial means. (Xenoph, 
 Oecon. 10. § 10 ; Stobaeus, iii. p. 87. ed. Gaisford; 
 compare Becker, Charikles, ii. p. 232.) This mode 
 of embellishing themselves was probably applied 
 only on certain occasions, such as when they went 
 out, or wished to appear more charming. (Lysias, 
 de coed. Emtosth. p. 15; Aristoph. Lt/sistr. 149; 
 Eccks. 878 ; Plut. 1064 ; Plut. Aldb. 39.) 
 The colours used for this purpose were white 
 {4iifi6Biov, cerusa) and red (eyxovfa or ayx"""'''! 
 TtaiSepus, avKajiLVov, or <f>vKos, Xenoph. Occoii. 10. 
 § 2 ; Aristoph. Lysistr. 48 ; Eecles. 929 ; Alexis, 
 ap. Allien, xiii. p. 568 ; compare 557 ; Etymol. 
 Mag. s. V. 'E\f/ifiij.u6i£(rdai). The eyebrows were 
 frequently painted black (yUcAac, d(T§o\os, or 
 arlfifits, Alexis ap. Allien, xiii. p. 568 ; Pollux, 
 V. 101). The manner in which this operation of 
 painting was performed, is still seen in some an- 
 cient works of art representing ladies in the act of 
 painting themselves. Sometimes they are seen 
 painting themselves with a brush and sometimes 
 with their fingers. (Bottiger, Sahina, ii. tab. ix. 
 and i. tab. vi.) 
 
 The Romans towards the end of the republic 
 and under the empire were no less fond of painting 
 themselves than the Greeks. (Horat. Epod. xii. 
 10 ; Ovid,^/-.^/H. iii. 199 ; Plin. i/.A^. XX viii. 8.) 
 The red colour was at Rome, as in many parts of 
 Greece, prepared from a kind of moss which the 
 Romans called fucus (the rucella of Linnaeus), and 
 from which afterwards all kinds of paint were 
 called fueus. Another general term for paint is 
 erela. For embellishing and cleaning the com- 
 plexion the Greeks as well as the Romans used a 
 substance called oesipum (see the comment on 
 Suidas, s. v. Olaifi]), which was prepared of the 
 wool taken from those parts of the body of a sheep 
 in which it perspired most. Another remedy 
 often applied for similar purposes consisted of 
 powdered excrementa of the Egyptian crocodiles. 
 (Herat. Plin. I. c.) 
 
 Respecting the subjects here mentioned and 
 everything connected with the toilet of the an- 
 cients, see Bottiger, Sabina odcr Morgenscenen 
 im Puizzimmer einer reichen Romerin. Leipz. 1 806. 
 2 vols. [L. S.] 
 
 UNGUENTARII. [Unguenta.] 
 UNIVE'RSITAS. This word denotes the 
 whole of any thing as contrasted with its compo- 
 nent parts. It signifies either a number of persons 
 as a whole, or a niunber of things, or a number of 
 rights. In the case of a number of things viewed 
 
 3 Y 
 
1058 UNIVERSITAS. 
 
 UNIVERSITAS. 
 
 as a Universitas, it is indifferent whether the parts 
 are corporeally united or not ; or whether the cor- 
 poreal union, if it exists, is natural or not. 
 
 A single person only can properly be viewed as 
 the subject of rights and duties ; but the notion of 
 legal capacity may by a fiction be extended to a 
 number of persons, who are considered as a single 
 person for legal purposes, and may accordingly be 
 called juristical persons or persons existing merely 
 by virtue of legal fiction. Thus, the " hereditas" 
 is said by the Roman jurists " personae vice 
 fungi," like a Municipium, Decuria, and Societas ; 
 the Bonorum Possessor is " in loco heredis," and 
 as he is a fictitious heres, so a juristical person is a 
 fictitious person. As persons however so consti- 
 tuted, such juristical persons have legal capacities, 
 as individuals have ; but their legal capacities are 
 limited to property as their object. It is true that 
 the Romans often considered other persons as a 
 collective unity : thus they speak of the Collegium 
 of the consuls [Colleoium], and of the I ribuni 
 Plebis. In like manner they say that the Duum- 
 viri of a municipium are to be viewed as one per- 
 son. (Dig. 50. tit. 1. s. 25). But these fictitious 
 unities have only reference to Jus Publicinn, and 
 they have no necessary connection with juris- 
 tical persons, the essential character of which is 
 the capacity to liave and acquire property. Juris- 
 tical persons could be subjects of ownership. Jura 
 in re, obligationes, and hereditas ; they could own 
 slaves, and have the Patronatus ; but all the rela- 
 tions of Familia, as the Patria Potestas and others 
 of a like kind, were foreign to the notion. But 
 though the capacity to have property is the distin- 
 guishing characteristic of Juristical persons viewed 
 with relation to Jus Privatum, the objects for 
 which the property is had and applied may be 
 any, and the capacity to have property implies a 
 purpose for which it is had, which is often much 
 more important than this mere capacity. But the 
 purposes for which Juristical persons have property 
 are quite distinct from their capacity to have it. 
 This will appear from aO or any of the examples 
 hereinafter given. 
 
 The following are Juristical persons: (1) Civi- 
 tas: (2) Municipes: this term is more common 
 than Municipium, and comprehends both citizens 
 of a Municipium and a Colony ; it is also used 
 when the object is to express the Municipium as 
 a whole opposed to the individual members of it. 
 (3) Respublica. In the republican period, when 
 used without an adjunct, Respublica expressed 
 Rome, but in the old jurists it signifies a Civitas 
 dependent on Rome. (4) Respublica Civitatis or 
 Municipii : (5) Commune, Communitas. Besides 
 the Civitates, component parts of the Civitates are 
 also Juristical persons : ( 1 ) Curiae or Dccuriimes ; 
 the word Decuriones often denotes the individuals 
 composing the body of Deciuiones as opposed to 
 the Civitas (Municipes), which appears from a 
 passage in the Digest (4. tit. 3. s. 15), where it is 
 stated that an action for Dolus will not lie against 
 the Municipes, for a fictitious person cannot be 
 guilty of Dolus, but such action will lie against the 
 individual Decuriones who administer the affairs 
 of the Municipes. Sometimes the word Curia is 
 used as equivalent to Civitas ; and sometimes the 
 Decuriones are spoken of as a Juristical person, 
 which has property as such. (2) Vici ; which 
 have no political self-existence, but are attached 
 to bome Respublica ; yet they are juristical per- 
 
 sons, can hold property, and maintain suits. (3) 
 Fora, Conciliabula, Castella. These were places 
 between Civitates and Vici as to extent and im- 
 portance ; they belonged to a Respublica, but had 
 the rights of juristical persons : they are not men- 
 tioned in the legislation of Justinian, but the names 
 occur in the Tablet of Ileraclea, in the Lex Galliae 
 Cisalpinae, and in Paulus. (S. B. iv. tit. 6. s. 2.) 
 In the later period of the Empire, Provinces were 
 viewed as juristical persons. 
 
 In the writings of the Agrimensores, commu- 
 nities and, particularly, colonies (coloni), are desig- 
 nated by the appropriate name of Publicae Per- 
 sonae, and property is spoken of as belonging to 
 the Coloni, that is, the Colonia, Coloni being used 
 here in the same sense in which Municipes was 
 used, as above explained. 
 
 Other juristical persons were (1) Religious 
 bodies, as Collegia of Priests, and of the Vestal 
 Virgins, which could hold propert}' and take by 
 testament. (2) Associations of official persons, 
 such as those who were employed in administra- 
 tion : the body of Scribae became one of the most 
 numerous and important, as they were employed in 
 all branches of administration ; the general name 
 was Scribae, a term which includes the particular 
 names of librarii, fiscales and others ; they were 
 divided into subdivisions called Decuriae, a terai 
 which even under the Republic and also under 
 the Empire denoted the corporations of Scribae ; 
 the individual members were called decuriati, and 
 subsequently decuriales ; the decuriati had great 
 privileges in Rome and s\ibsequently in Constanti- 
 nople. (Cic. in Verr. iii. 79 ; ad Quin/. Frat. ii. 3 ; 
 Tacit. Ann. xiii. 27 ; Sueton. Au<i. 57. Claud. 1.) 
 
 (3) Associations for trade and commerce, as Fabri 
 Pistores, Navicularii, the individuals of which had 
 a common profession, on which the notion of their 
 union was founded ; but each man worked on his 
 own account. Associations properly included under 
 Societates, as Corporations for effecting a common 
 object [Societas] : such associations could be dis- 
 solved by the notice of any member, and were 
 actually dissolved by the death of a single member. 
 Some of these associations, such as those for work- 
 ing Mines, Salinae, and fanning the Portoria, were 
 corporate bodies,and retained the name of Societates. 
 
 (4) Associations, called Sodalitates, Sodalitia, Col- 
 I legia Sodalitia, which resembled modern clubs. 
 
 In their origin they were friendly associations for 
 feasting together ; in course of time many of thoiu 
 became political associations, but from this we nuist 
 not conclude that their true nature really varied; 
 they were associations not included in any other 
 class that has been enumerated, but they diifered 
 j in their character according to the times. In 
 ; periods of commotion they became the central 
 t points of political factions, and new associations, it 
 I may be reasonably supposed, would be foimed ex- 
 pressly for political purposes. Sometimes the 
 public places were crowded by the Sodalitia and 
 Decuriati (Cic. ad Quint. Frat. ii. 3), and the 
 Senate was at last compelled to propose a lex whicli 
 should subject to the penalties of Vis those who 
 would not disperse. This was followed by a gene- 
 ral dissolution of collegia according to Asconius 
 {ill Cornelianam), but the dissolution only ex- 
 tended to mischievous associations, as may be 
 safely inferred from the nature of the case, and 
 even the words of Asconius, if carefully examined, 
 are not inconsistent with this conclusion. hi 
 
UNIVERSITAS. 
 
 VOCONIA LEX. 10.-.9 
 
 he Digest (47. tit. 22. s. 1,2, 3) we find the rule 
 hat no collegium could be formed without the 
 )ermissioii of a Senatusconsultum or the Caesar; 
 ind persons who associated unlawfully were guilty 
 if an extraordinarium crimen. The rule of law 
 neans that no union of persons could Vjecome a 
 uristical person without the consent of the proper 
 uthority; and this is quite distinct from the 
 ither provision contained in the same rule, which 
 mnished associations of persons who acted as cor- 
 lorations, for this part of tlie rule relates only to 
 uch associations as were dangerous, or of an unde- 
 ned character. . 
 
 There were also in the Imperial period the 
 Collegia tenuiorum, or associations of poorer people, 
 lut they were allowed to meet only once a month, 
 nu they ))aid monthly contributions. (Dig. 47. 
 it. 22. s. 1. 3.) A man could only belong to one 
 f them. Slaves could belong to such a collegium, 
 
 /ith the permission of their masters. 
 
 , ' Communities of cities and towns have a kind of 
 J'tatural or necessary existence ; and other bodies, 
 I'alled corporations, have been fasliioned by a kind 
 f analogy to them, and like them can have pro- 
 lerty, and be represented like them by an agent, 
 vlierein consists the essence of a juristical person. 
 
 'iome of these corporations, like communities of 
 ities and towns, were of a permanent character, 
 s Colleges of Priests, Decuriae, and Companies 
 f artisans ; otliers had a temporary character, 
 
 's Societates and Sodalitates. All these corpo- 
 
 'ations are designated by the name either of Col- 
 
 :'2gium or Coi-pus, between which there is no legal 
 • .istinction ; for it appears that one corporation 
 
 Vas called a Collegium and another a Corpus, as it 
 
 tlaight happen. But both of these terms denote a 
 Corporation, as above explained, as opposed to a 
 "ivitas or Respublica. The members of such cor- 
 lorations were Collegae and Sodales, which is a 
 acre general and an older term than Sodalitas. 
 \.ltogether they were called CoUegiati and Corpo- 
 ati : the members of particular kinds of corpora- 
 ions were Decuriati, Decuriales, Socii. The com- 
 aon name which includes aU Corporations and 
 jivitates is Universitas, as opposed to which any 
 •ndividual is singularis persona. 
 ' The notion of individual property as a unity is 
 -■'ounded on the notion of the unity of the owner. 
 But this notion of unity, when once established, 
 nay for certain purposes be arbitrarily assumed, 
 md accordingly it is applied to the case of Peculi- 
 un, Dos, and Hereditas, and modern writers have 
 lesignated these as cases of a Universitas Juris. 
 The name Universitas has led many to Suppose 
 hat the three cases above mentioned have all the 
 •ame incidents, whereas each has its peculiar cha- 
 •acter, because the terra Universitas means any 
 ' vhole as opposed to its parts. The name Uni- 
 versitas Juris does not occur in the Roman law. 
 The nature of Universal Succession is explained 
 mder Successio. 
 11 The term Universitas was adopted in the middle 
 iges to denote certain great schools, but not as 
 ' schools : the term denoted, these places as corpora- 
 . ;ions, that is, as associations of individuals. The 
 ' idjunct which would express the kind of persons 
 : issociated would depend on circumstances: thus 
 n Bologna, the expression Universitas Scholariura 
 vas in common use ; in Paris, Universitas Magis- 
 rorum. The School as such was called Schola, 
 md from the thirteenth century, most commonly 
 
 Studium ; and if it was a distinguished school, it 
 was called Studium Generate. Tlie first occasion 
 on which the term Universitas was applied to a 
 great school is said to be in a Decretal of Innocent 
 III, of the beginning of the thirteenth century, 
 addressed Scliolaribus Parisiensibus. 
 
 (Savigny, Si/stem des HeuUgen R'6m. Redds, i. 
 378 ; ii. 235 ; iii. 8 ; Savigny, Geschichte des Rum. 
 Redds im MittelaUer, vol. iii. 318. 3fiO.) 
 
 [G. L.] 
 
 VOCA'TIO IN JUS. [Actio, p. 8.] 
 
 VOCO'NIA LEX was enacted on the proposal 
 of Q. Voconius Saxa, a Tribunus Plebis. In the 
 " De Senectute " of Cicero, Cato the ekler is intro- 
 duced as saying that he spoke in favour of the Lex 
 when he was sixty-five years of age, and in the 
 consulship of Caepio and Philippus. (b. c. 1G9.) 
 Gellius also speaks of the oration in whicii Cato 
 recommended this Lex. (Cic. pro Balbo, 8 ; Cato 
 Major, 5 ; Gelliu.s, vii. 13; xvii. G.) 
 
 One provision of the Lex was that no person 
 who should be included in the census, after the 
 census of that year {post eos censores ; the Censors 
 of that year were A. Posthumius and Q. Fulvius), 
 should make any female (virtfinem neve muliercm) 
 his heres. (Cic. in Verrem. i. 41, 42.) Cicero does 
 not state that the Lex fixed the census at any 
 sum ; but it appears from Gaius (ii. 274) and from 
 Dion Cassius (Ivi. 10) that a woman could not be 
 made heres by any person who was rated in the 
 census at 100,000 sesterces {ceiduni millia aeris), 
 though she could take the hereditas per fideicom- 
 missum. The Lex allowed no exceptions even in 
 favour of an only daughter. (Augustin. de Civil. 
 Dei. iii. 21.) The Lex only applied to testaments, 
 and therefore a daughter or other female could in- 
 herit ab intestate to any amount. The Vestal 
 Virgins could make women their heredes in all 
 cases, which was the only exception to the provi- 
 sions of the Lex. (Cic. de Rep. iii. 10; Gell. i. 12.) 
 
 If the terms of the Lex are correctly reported 
 by Cicero, a person who was not census might 
 make a woman his heres, whatever was the amount 
 of his property,and so Cicero understands the Lex 
 {in Vevr. 41). Still there is a difficulty about the 
 meaning of census. If it is taken to mean that a 
 person Avhose property was above 1 00,000, and 
 who was not included iu the census, could dispose 
 of his property as he pleased by testament, the 
 purpose of the Lex would be frustrated ; and fur- 
 ther " the not being included in the census " 
 {ne/]?ie cermcs esset) seems rather vague. Still, ac- 
 cording to the terms of the Lex, any person who 
 had ever been included in the census, would be 
 affected by this legal incapacity. Sometimes it is 
 assumed that the last census is meant. The Edict 
 extended the rule of the Voconia Lex to the Bo- 
 nonim Possessio. (Dig. 37. tit. 1. s. 12.) 
 
 Another provision of the Lex forbade a person, 
 who was census, to give more in amount in the 
 form of a legacy or a donatio mortis causa, to any 
 person than the heres or heredes should take. 
 This provision secured something to the heres or 
 heredes, but still the provision was ineflfectual, and 
 the object of this lex was only accomplished by the 
 Lex Falcidia. [Lbgatiim.] Gaius (ii. 226), in 
 quoting this provision of the Lex, does not men- 
 tion the condition of being census, but this is 
 stated by Cicero {in Verr. i. 43). 
 
 Some writers suppose that this Lex also contain- 
 ed a provision by which a testator was forbidden 
 
 3 y 2 
 
10 CO 
 
 V CLONES. 
 
 USUCAPIO. 
 
 to give a woman more than half of his property hy 
 way of legacy ; and it appears from Cicero that the 
 Lex applied to legacies (rfe mulienim lei/atis et 
 licrt'dituiibiis, Cic. de Repuh. iii. 10). Quintilian 
 {Dcc/ain. 264) states that by the Le.x (Voconia) a 
 woman could not take by testament more than half 
 of a person's property ; but Quintilian says nothing 
 of the provisions of this Lex, which incapacitated 
 women altogether from takmg under a will in cer- 
 tain cases, and in the passage referred to he is 
 speaking of two women being made heredes of a 
 property in equal shares. The dispute between 
 the cognati and the two women turned on the 
 words of the Lex, " ne liceat mulieri plusquam 
 dimidiam partem bonorum suonim relinquere," the 
 cognati contending that the Lex did not allow the 
 whole property to be thus given to two women in 
 equal shares, though it was admitted that if half of 
 the property had been given to one woman, there 
 would have been no ground for dispute. It is 
 quite consistent that the Lex might have allowed a 
 woman to take half of a man's property in certain 
 cases, and in others to take none, though the object 
 of the Lex, which was to prevent large properties 
 from coming into women's hands, would have been 
 better secured by other provisions than those of 
 the Lex as they are known to us ; for it appears 
 from Quintilian, that a woman might take by will 
 one half of as manj' properties as there were tes- 
 tators. It might be conjectured that the clause of 
 the Lex which forbade a woman being made heres, 
 signified sole heres, and then the clause which for- 
 bade her taking more than half would be fitly 
 framed to prevent an evasion of the law by making 
 a woman heres ex deunce, for instance, and giving 
 the rest to another person. And this conjecture 
 derives some support from the provision which pre- 
 vented the giving nearly all the property in legacies 
 to the detriment of the heres ; which provision, 
 however, it must be observed, does not apply to 
 women only, so far as we can conclude from the 
 words of Gains (ii. 274). The case of Fadia, men- 
 tioned by Cicero (dc Fin. ii. 17), shows that there 
 was a provision in the Lex by which, in certain 
 cases at least, a woman might take something ; 
 and it also shows that the Lex prevented a man 
 from making even his own daughter sole heres. 
 
 According to Gaius and Pliny {Puneg. 42), the 
 provisions of the Voconia Lex were in force at the 
 time when they were writing, though Gellius (xx. 
 I ) speaks of them as being either obsolete or re- 
 pealed. The provisions of the Lex Julia et Papia 
 Poppaea may have repealed some of the clauses of 
 the Voconia Lex. 
 
 Tlie subject of the Voconia Lex is one of con- 
 siderable difficulty, owing to the imperfect state- 
 ments that remain of its contents and provisions, 
 which were probably numerous. The chief modern 
 authorities on the matter are referred to by Rein 
 (2>«s Ram. Privat. Redd, p. 367, &c.) ; but the 
 writer has not had the opportunity of consulting 
 any of them. [G. L.] 
 
 VOLO'NES is synonjTnous with Voluntaiii 
 (from volo), and might hence be applied to all 
 those who volunteered to serve in the Roman 
 armies without there being any obligation to do so. 
 But it was applied more especially to slaves, when 
 in times of need they offered or were allowed to 
 fight in the Roman annies. Thus when during 
 the second Punic war after the battle of Cannae 
 there was not a sufficient number of freemen to 
 
 complete the army, about 8000 young and able- 
 bodied slaves offered to serve. Their proposal was 
 accepted ; they received armour at the public ex- 
 pense, and as they distinguished themselves they 
 were honoured with the franchise. (Liv. xxii. 57; 
 xxiii. 35 ; Macrob. Sai. i. 1 1 ; Fest. s. t). Volmies.) 
 In after times the name volones was retained when- 
 ever slaves chose or were allowed to take up arms 
 in defence of their masters, which they were the 
 more willing to do, as they were generally reward- 
 ed with the franchise. (Liv. xxiv. 11. 14, &c. ; 
 xxvii. 38 ; xxviii. 46 ; J. Capitolin. M. A?itonin. 
 PMlos. 21.) [L. S.] 
 
 VOLU'MEN. [Liber.] 
 
 VOLUNTA'RII. [Volones.] 
 
 VOMITO'RIA. [AWPHITHEATRUM, p. 43.] 
 
 URAGUS. [Army (Roman), p. !)5.] 
 URNA, an urn, a Roman measure of capacity 
 for fluids, equal to half an Amphora. (Hor. Sat. 
 i. 1. 54.) This use of the tenn was probably 
 founded upon its more general application to de- 
 note a vessel for holding water, or any other sub- 
 stance, either fluid or solid. (Plant. Pseud, i. 2. 24 ; 
 Hor. Sat. i. 5. 91 ; ii. 6. 10 ; Ovid, Met. iii. 172.) 
 
 An urn was used to receive the names of the 
 judges (Judiccs) in order that the praetor might 
 draw out of it a sufficient number to determine 
 causes (Hor. Carta, iii. 1. 16 ; Virg. Aen. vi. 432 ; 
 Plin. Epist. X. 3 ; Juv. xiii. 4) : also to receive the 
 ashes of the dead. [FuNUS, p. 440, 441.] For 
 this purpose urns were made of marble, porphjTV, 
 baked clay, bronze, or glass, of all forms and sizes, 
 some quite simple, and others sculptured in bas- 
 relief, or ornamented in an endless variety of wavs. 
 
 [J. y.] 
 
 USTRI'NA, USTRI'NUM. [Bustum ; 
 FuNus, p. 440.] 
 
 USUCA'PIO. The history of Usucapio is an 
 important fact in the history of Roman Juris- 
 prudence. 
 
 Gaius (ii. 40-42) states that there was originally 
 in Rome only one kind of ownership : a person was 
 either owner of a thing Ex jure Quiritium, or he was 
 not owner at all. But afterwards ownership was 
 divided, so that one man might be owner Ex jure 
 Quiritium, and another might have tlie same thing 
 In bonis, that is, have the right to the exclusive 
 enjojTnent of it. He then goes on to give an in- 
 stance of the mode in which the divided ownership 
 might arise by reference to the transfer of a Res 
 Mancipi : if such a thing was transferred by bare 
 tradition, and there was neither Mancipatio nor In 
 jure cessio, the new owner only acquired the 
 natural ownership, as some would call it, or only 
 had it In bonis, and the original owner retained the 
 Quiritarian ownership until the purchaser acquired 
 the Quiritarian ownersliip by Usucapio ( jmssidendo 
 usucupiat) ; for when the Usucapio was completed, 
 the eflect was the same as if the thing had been 
 originally mancipated or transferred by the In 
 jure cessio. Gaius adds, " in the case of moveable 
 things the Usucapio is completed in a year, but in 
 the case of a fundus or aedes two years are re- 
 quired ; and so it is provided by the Twelve 
 Tables." 
 
 In this passage he is evidently speaking of Res 
 Mancipi oiily, and of them only when transferred 
 to the purchaser by the owner without the forms 
 of Mancipatio or In Jure Cessio. From this then 
 it might be safely concluded that the Twelve 
 Tables provided a remedy for defective modes of 
 
USUCAPIO. 
 
 conveyance of Res Mancipi from the owner ; and 
 this is all that could be concluded from this pas- 
 sage. But a passage which immediately follows 
 shows that this was all that the I'welve Tables 
 did ; for Gaius (ii. 43) proceeds to saj', " But 
 {Ceicruiii) there may be Usucapio even in the case 
 of those things which have come to us by tradition 
 from a person who was not the owner, whether 
 they are Res Mancipi or not, provided we have 
 received them bona fide, believing that he who de- 
 livered {f]ui tradklerit) them to us was the owner. 
 And tliis rule of law seems to have been establish- 
 ed, in order that the ownership of things might not 
 be long in uncertainty, seeing that one or two 
 years would be quite sufficient for the owner to 
 look after his property, that being the time allow- 
 ed to the Possessor for Usucapio." 
 
 The reason for limiting the owner to one or two 
 years has little reason in it and possibly no his- 
 torical truth ; but it is clear from this passage that 
 this application of the rule of Usucapio was form- 
 ed from analogy to the rule of the Twelve Tables, 
 Sind that it was not contained in them. The 
 limitation of the time of Usucapio is clearly due to 
 the Twelve Tables, and the time applied only to 
 purchases of Res Mancipi from the owner, when 
 the legal forms of conveyance had been neglected. 
 But the origin of Usucapio was probably stiU 
 more remote. 
 
 When Gaius states that there was originally 
 only one kind of ownership at Rome, and that 
 afterwards ownership was divided, he immediately 
 shows how this arose by taking the case of a Res 
 Mancipi. This division of ownership rested on the 
 division of things into Res Mancipi and Res Nec 
 Mancipi, a distinction that had reference to no- 
 thing else than the mode of transferring the pro- 
 perty of them. Things were merely called Res 
 Mancipi, because the ownership of them could not 
 be transferred without Mancipatio. Things were 
 Res nec Mancipi, the alienation of which could be 
 effected without Mancipatio. There could be no 
 division of things into Mancipi and Nec mancipi, 
 except by detennining what things should be Res 
 Mancipi. Res nec Mancipi are determined nega- 
 tively : they are all things that are not Res 
 Mancipi. But the negative determination pre- 
 supposes the positive. Therefore Res Mancipi 
 were determined before Res nec Mancipi could be 
 detennined ; and before the Res Mancipi were 
 detennined, there was no distinction of things into 
 Res Mancipi and Res nec Mancipi. But this dis- 
 tinction, as such, only afi'ected the condition of 
 those things to which it had a direct application : 
 consequently all other things remained as they 
 were before. The conclusion then is certain, that 
 the Res Mancipi as a class of things were pos- 
 terior in order of time to the class of Res nec 
 Mancipi, which comprehended all things except 
 Res Mancipi. Until then the class of Res Man- 
 cipi was established, all property at Rome could 
 be alienated by bare tradition, as Res nec Mancipi 
 could be alienated by tradition after the class of 
 Res Mancipi was constituted. 
 
 The time when the class of Res Mancipi was 
 formed is not known ; but it is most consistent 
 with all that we know to suppose that it existed 
 before the Twelve Tables. If we consider the 
 forms of Mancipatio [Mancipatio], we cannot 
 believe that they arose in .any other way than by 
 positive enactment. As soon as the forms of 
 
 USUCAPIO. lOGl 
 
 Mancipatio and of the In jure cessio (which from 
 its character must be posterior to Mancipatio) 
 were established, it followed that mere tradition of 
 a thing to a purchaser and payment of the purchase- 
 money, could not transfer the owniorship of a Res 
 Mancipi. The transfer gave tlie pmx-haser merely 
 a Possessio, and the original owner retained the 
 property. In course of time the purchaser obtain- 
 ed the Publiciana actio, and from this time it might 
 be said that a double ownership existed in the 
 same thing. 
 
 The introduction of Mancipatio, which gave rise 
 to the double ownership, was also followed by 
 the introduction of Usucapio. The bona fide 
 Possessor of a Res Mancipi which had not been 
 transferred by Mancipatio, had no legal defence 
 against the owner who claimed the thing. But he 
 had the exceptio doli, and subsequently the Excep- 
 tio rei venditae et traditae by which he could pro- 
 tect himself against the owner ; and as Possessor 
 simply he had the protection of the Interdict 
 against third persons. He had the full enjoyment 
 of the thing, and he could transfer the possessio, 
 but he could do no act with respect to it for which 
 Quiritarian ownership was necessary ; consequently 
 he could not alienate it by Mancipatio or In jure 
 Cessio, and it was a necessary consequence that he 
 could not dispose of it by Testament in the same 
 way in which Quiritarian ownership was disposed 
 of by Testament. The necessity for such a rule as 
 that of Usucapio was evident, but it could arise 
 in no other way than by positive enactment, for its 
 effect was to be the same as that of Mancipatio. 
 The Twelve Tables fixed the term of Usucapio, 
 but we do not know whether they fixed or merely 
 confirmed the rule of law as to Usucapio. 
 
 It is a mistake to suppose that tradition or deli- 
 very was a part of Mancipatio as such. Manci- 
 patio was merely a form of transferring ownership 
 which was fixed by law, and the characteristic of 
 which was publicity : a delivery of the thing would 
 of course generally follow, but it was no part of 
 the transfer of ownership. Land {]>ra<dia) for 
 instance could be mancipated without delivery {in 
 absentia inaiicipari solait, Ulp. Frmi. 29. tit. 6 ; 
 Gaius, i. 1"2I). In the case of moveable things, 
 it was necessary that they should be present, not 
 for the purpose of delivery, but that the thing 
 mancipated might be identified. The essential to 
 the transfer of ownership in all ages and in all 
 countries, is the consent of two persons, who have 
 legal capacity to consent, the seller and the buyer. 
 All the rest is form that may be varied infinitely : 
 this consent is the substance. Yet tradition as a 
 fonn of transfer was undoubtedly the old Roman 
 form, and consent alone was not sufficient ; and it 
 may be admitted tiiat consent alone was never suffi- 
 cient for the transfer of ownership without affecting 
 the principle laid down that consent alone is es- 
 sential in the transfer of ownership. This appa- 
 rent incongruity is ingeniously and sufficiently ex- 
 plained in the following manner : "Tradition owes 
 its origin to a time when men could not sufficiently 
 separate in their minds Physical owiierslii]), or tlie 
 dominium over a thing, from Legal ownership. As 
 a man can only call a bird in the air or a wild ani- 
 mal in the forest his own when he has caught it ; 
 so men thought that tradition must be added to 
 contract in order to enable a man to claim the 
 thing as his own." (Engelbach, Ucltcr die Usuca- 
 ]>io7i, &c., p. 60.) 
 
1062 
 
 USUCAPIO. 
 
 USUCAPIO. 
 
 Besides the case of property there might be 
 Usucapio in the case of Servitutes, Marriage, and 
 Hereditas. But asServitutes praediorum rusticorum 
 could only be the objects of Mancipatio, and as 
 being parts of ownership could only be established 
 by the same form by whicli ownership of Res 
 Miincipi was transferred, so according to the old 
 law, these Servitutes alone could be the object of 
 Usucapio ; and, as it is contended by Engelbach, 
 only in the case of Aquacductus, Haustus, Iter 
 and Actus. But as the ownership of Res Mancipi 
 could be acquired by bare tradition followed by 
 usucapio, so these servitutes could be established 
 by contract and could be fully acquired by Usu- 
 capio. In the later Roman law, when the fonn of 
 Mancipatio was replaced by mere tradition, servi- 
 tutes could be established per pacta et stipulationes 
 only. In the case of a Marriage Coemptione, 
 the form of Mancipatio was used, and the eifect 
 was that the woman came into the liand of her 
 husband, and became part of his Faniilia. The 
 marriage Usu could not of itself eftect this, but if 
 the woman lived witli her husband a year, she 
 passed into his Fauiilia by Usucapio (re/iit anmia 
 pnssessioyiv usiicrijiieUitiir) : and accordingly it was 
 provided by the laws of the Twelve Tables, that if 
 she did not wish thus to come into her husband's 
 liand, she must in every year absent herself from 
 him for tliree nights in order to interrupt the usus. 
 (Gains, i. 110.) Tims Usucapio added to Usus 
 produced the effect of Coemptio. In the case of 
 the Hereditas, when the testator had the testamenti 
 factio, and had disposed of liis property without 
 observing the forms of Mancipatio and Nuncu- 
 patio, the person whom he had named his heres, 
 could only obtain the legal ownership of the here- 
 ditas by Usucapio. In all these cases then the 
 old law as to Usucapio was this : when the posi- 
 tive law liad required the forms of Mancipatio in 
 order that a certain end should be cft'ected, Usuca- 
 pio supplied the defect, b_y converting a mere pos- 
 sessio (subsequently called In bonis) into Domi- 
 nium ex jure Quiritium. Usucapio then was not 
 originally a mode of acquisition, but it was a mode 
 by whicli a defect in the mode of acquisition was 
 supplied, and this defect was supplied by the use 
 of the thing, or the exercise of the right. The end 
 of Usucapio was to combine the beneficial with the 
 Quiritarian ownership of a thing. Accordingly the 
 original name for Usucapio was Usus Auctoritas, 
 the auctoritas of usus or that which gives to Usus 
 its efficacy and completeness, a sense of Auctoritas 
 which is common in the Roman Law. [Auctoritas; 
 Ti:tela.] But Usus alone never signifies Usuca- 
 pio ; and consistently with this, in those cases 
 where there could be no Usucapio, the Roman 
 writers speak of Usus only. Possessio is the Usus 
 of a piece of ground as opposed to the ownership 
 of it ; and the tenn Usus was applied to the enjoy- 
 ment of hind on which a man eitlier had not the 
 ownership or of which he could not have the own- 
 ership, as the Ager publicus. In the later law, as 
 it is known to us in the Pandect, Usucapio was a 
 mode of acquiring ownership, the tenn Usus Auc- 
 toritas was replaced by the phrase Usu Caperc, 
 and in the place of Usucapio sometimes the phrase 
 "possessione or longa possessione capere" occurs; 
 but Possessio alone never is used for Usucapio. 
 
 It appears from a passage of Gains already 
 quoted, that in his time Usucapio was a reguhir 
 mode of acquisition, which was applicable to things 
 
 which had come to a man by tradition from one 
 who was not the owner, and was applicable both 
 to Res Mancipi and Nec Mancipi, if the possessor 
 possessed them bona fide, that is, if he believed 
 that he received them from the owner. There 
 were however some exceptions to this rule : a man 
 could never acquire the ownership of a stolen thing 
 by usucapio, for the Twelve Tables prevented it, 
 and the Lex Jidia et Plautia prevented Usucapio 
 in the case of a thing Vi possessa. The meaning 
 of the law was not that the thief or the robber 
 could not acquire the ownership by Usucapio, for 
 the mala fides in which their possession originated 
 was an obstacle to the Usucapio, but no person 
 who bona fide bought the thmg that was stolen or 
 vi possessa, could acquire the ownership by Usuca- 
 pio. (Gains, ii. 45.) According to other authori- 
 ties the rule as to a stolen thing was est;iblished 
 by the Lex Atinia. Provincial lands were also 
 not objects of Usucapio. 
 
 If a woman was in the tutela of her agnati, her 
 Res Mancipi could not be objects of Usucapio, 
 unless they had been received from her by traditio 
 with the auctoritas of her tutor ; and this was a 
 provision of the Twelve Tables. The legal incapa- 
 city of the woman to transfer ownership by Man- 
 cipatio must be the origin of this rule. Tiie he- 
 reditas of a woman who was in Tutela Icgitima 
 could not be an object of Usucapio, as Cicero ex- 
 plains to Atticus [de tutela Uyitima nihil ustwapi 
 posse. Ad Attic, i. 15). The foundation of this 
 iTile, according to some, was the legal incapacity of 
 a woman who was in tlie tutela of her Agnati, to 
 make a will. [Testamentum ; but see the article 
 Tutela.] 
 
 In order to acquire by usucapio, a person must 
 have the capacity to acquire by Mancipatio : con- 
 sequently all persons were excluded from acquiring 
 by Usucapio who had not the Comraercium. The 
 passage quoted by Cicero (de Ofjic., i. 1"2) from the 
 Twelve Tables, " adversum hostem {i. e. pere- 
 grinum) aetema auctoritas," is alleged in support 
 of this rule of law ; that is, a Peregrinus may have 
 the use of a Res Mancipi which has been trans- 
 ferred by traditio, but he can never acquire any- 
 thing more by Usucapio. 
 
 Things could not be objects of Usucapio, which 
 were not objects of Commercium. Accordingly all 
 Res divini juris, such as temples and lands dedi- 
 cated to the gods, and Res conununes could not be 
 objects of Usucapio. The Limits or bounds by 
 which theRomanusAger was marked out were con- 
 sequently not objects of Usucapio, as to which 
 there was a provision in the Twelve Tables. (Cic. 
 de Ley. i. 21. " Quoniam usucapionem intra quinque 
 pedes esse noluerunt.") The Quinque pedes are tlie 
 limites Unearii, the breadth of which was fixed at 
 five feet by a Lex Mamilia. The approach to a 
 sepulchre was also not an object of Usucapio. 
 Free men could not be objects of Usucapio. (Gaius, 
 ii. 48.) 
 
 In the time of Gaius (ii. 51) a man might take 
 possession of another person's land, provided he 
 used no force {vis), the possession of which was 
 vacant either from the carelessness of the owner, or 
 because the owner had died without a Successor 
 [SuccESSio], or had been long absent ; and if he 
 transferred the field to a bona fide purchaser, the 
 purchaser could acquire the ownership by Usuca- 
 pio, even though the seller knew that the field was 
 not his own. This rule was established against 
 
USUCAPIO. 
 
 the opinion of those who contended that a Fundus 
 coidd be Furtivus or an object of theft. But a 
 ,i]an might in some cases acquire by Usucapio the 
 oN'nership of a thing which he knew to be not his 
 ow 1 : as if a man had possession of a thing be- 
 loni,ing to the hereditas, of which the heres had 
 never acquired the possession, provided it was a 
 thing that could be an object of Usucapio. This 
 species of possessio and usucapio was called Pro 
 herede, and even things immovable (fjiiae solo 
 continentur) could be thus ;w;quired by one year's 
 usucapio. The reason was this : the Twelve 
 Tables declared that the ownership of res soli 
 could be acquired by usucapio in two years, and 
 all other things in one year : now as the hereditas 
 was not a res soli it must be included in the 
 other things," and it was further detennined 
 that the several things which made up the here- 
 ditas must follow the rule as to the hereditas ; and 
 though the rule as to the hereditas was changed, it 
 continued as to all the things comprised in it. 
 The reason of the rule as to this " improba posses- 
 sio et usucapio," saj's Gains, was that the heres 
 might be induced the sooner to take possession of 
 the hereditas, and that there might be somebody to 
 discharge the sacra, which in ancient times (illis 
 temporiljiu<!) were very strictly observed ; and also 
 that there might be somebody against whom the 
 creditors might make their demands. This kind 
 of Possessio and Usucapio was called Lucrativa. 
 In the time of Gaius it had ceased to exist, for a 
 Senatusconsultum of Hadrian's time enabled the 
 heres to recover that which had been acquired by 
 Usucapio, just as if there had been no Usucapio ; 
 but in the case of a heres necessarius, the old rule 
 still remained. (Giiius, ii. 58 ; Cic. Top. 6 ; Plin. 
 Ep. V. 1.) 
 
 Gaius mentions a mode of acquisition under the 
 name of Usureceptio. If a man mancipated a 
 thing to a friend or transferred it by the In Jure 
 Cessio, simply in order that the tiling might be in 
 his friend's safe keeping {jiducicie causa ; quod 
 iutius nostrac res apud eum esseni), he had always 
 a capacity for recovering it. In order to recover 
 immediately the Quiritarian ownership of the 
 thing, Remancipatio was necessary ; but if the 
 thing was transferred to him by traditio, the Re- 
 mancipatio was completed by Usucapio, or as it 
 is here called by Usureceptio : for Usureceptio 
 differs in no respect from Usucapio, except that 
 the person who acquires the Quiritarian ownership 
 by Usus, in the one case acquires (capit), in the 
 other re-acquires {rccipit) the thing. In the case 
 of a pignorated thing, the debtor's capacity to re- 
 cover by Usureceptio was the same as in the case 
 of Fiducia as soon as he had paid his debt to the 
 creditor : and even if he had not paid the money 
 and had obtained possession of the thing neither 
 by liiring it from the creditor, nor precario, he had 
 a lucrativa usucapio, which was a usureceptio and 
 was probably fonned from analogy to the lucrativa 
 usucapio pro herede. 
 
 Servitutes praediorura rusticorum were estab- 
 lished, at least according to the old law, by Man- 
 cipatio : the right to the Servitutes could only be 
 properly extinguished by a Remancipatio. If the 
 Servitus was extinguished by mere agreement, 
 there must be a usureceptio on the part of the 
 owner of the sei-vient tenement in order to com- 
 plete its legal release from the Servitus. In order 
 that the possession of the Ubertas of the servient 
 
 USUC.\PIO. 
 
 1063 
 
 land might be enjoyed uninteiTuptedly for two 
 years, there must be for the same time a total ab- 
 stinence from all exercise of the right on the part 
 of him who had the servitus. Subsequently, it 
 was considered sufficient if the person entitled to 
 the Servitus did not exercise his right for two 
 years. 
 
 When usucapio was established as a means of 
 giving the Quiritarian ownership to him who had 
 acquired a thing In bonis, the form of mancipatio 
 must have gradually lost its importance, and Usu- 
 capio came to be viewed as a mode of acquisition. 
 Accordingly, it has been already observed, it be- 
 came applicable to all cases of bona fide possession, 
 whether the thing was a Res Mancipi or not. 
 Formerly if a will had been made in due form ex- 
 cept as to Mancipation and Nuncupation, the heres 
 acquired the hereditas by Usucapio ; but with the 
 introduction of the Praetorian Testament [Testa- 
 mentum] and the Bononim Possessio, the Bonorum 
 Possessor obtained the right to actiones fictitiae or 
 utiles in all cases where the deceased had a right 
 of action, and he acquired by Usucapio the Quiri- 
 tarian ownership of the several things which were 
 included in the hereditas. In coiu'se of time it came 
 to be considered by the jurists as a rule of law that 
 there could be no Usucapio of an hereditas. (Gaius, 
 ii. 54.) In like manner in the case of Sersdtutes 
 established by contract, the introduction of the 
 Actio Publiciana rendered the doctrine of Usuca- 
 pio unnecessary, and a Scribonia Lex is mention- 
 ed which repealed all Usucapio of Servitutes. 
 (Dig. 41. tit. 3. s. 4. § -29.) But this Lex only 
 applied to the establishment of servitutes ; it did 
 not affect that Usucapio by which the freedom of 
 a servient piece of land was effected. It became a 
 maxim of law : servitutes praediorum rusticorum 
 non utendo amittuntur, which, viewed with respect 
 to the servient land, was a Usureceptio. In this 
 sense " usurpata recipitur" seems to be used in a 
 passage of Paulus {S. R. i. tit. 17. s. 2). '• Usur- 
 pari " is commonly used in the sense of " uti," and 
 in this passage of Paulus " usurpata recipitur" 
 seems equivalent to " usu recipitur ; " though this 
 is not the meaning that has usually been given to 
 this passage. 
 
 In the case of marriage also Usucapio fell into 
 disuse, as we learn from Gaius (i. 111). 
 
 But in other respects usucapio subsisted. He 
 who had acquired a Res Mancipi by tradition, had 
 now a Praetorian ownership, and he had a right of 
 action in respect of this ownership, which was 
 analogous to the Rei Vindicatio. But Usucapio 
 was still necessary to give him Quiritarian owner- 
 ship and its consequent advantages. The distinc- 
 tion between Res Mancipi and Nec Mancipi 
 existed, and as a consequence the Testamentum per 
 aes et libram subsisted at the same time \vith the 
 Praetorian Testament. 
 
 When finally all distinction was abolished be- 
 tween Res Mancipi and Nec Mancipi, and the 
 ownership of all things could be acquired by Tra- 
 ditio and Occupatio, that kind of Usucapio ceased 
 by which a thing In bonis became a man's Ex 
 Jure Quiritium. All Usucapio was now the same, 
 and its general definition became " adjectio do- 
 minii per continuationem possessionis temporis 
 lege definiti." (Dig. 41. tit. 3. s. 2. De Usurpa- 
 iutnihus el Usitcapinnihus.') From this time the 
 terms Usucapio and Longi temporis praescriptio, 
 were used indifferently, as some writers suppose. 
 
low 
 
 USUSFRUCTUS. 
 
 USUSFRUCTUS. 
 
 though on this point there is not uniformity of 
 opinion 
 
 (Engelbach, UAer die Usucapion ziir zeit der 
 Ztcolf Tafdn, Marburg 1828 ; Muhlenbnich, 
 Docirin. I'andcd. § 261, &c. Ucler die Usumpio, 
 pro herede von Amdts, Rluiin. Mus. fur Jurisprvr 
 denz,\\.\-2b.) [G. L.] 
 
 USURAE. [Interest of Money, p. 525.] 
 USURPA'TIO. One sense of this word is 
 " Usucapionis interruptio." (Dig. 41. tit. 3. s. 2.) 
 Appius Claudius, not the Decemvir, but he who 
 made the Appia Via and brought the Aqua Claudia 
 to Rome, wrote a book De Usui-pationibus, which 
 was not extant in the time of Pomponius. (Dig. 1. 
 tit. 2. s. 36.) In some cases " usurpatio" means 
 the preservation of a right by the exercise of it, as 
 " jus usurpatum," in the case of a Servitus aquae 
 ducendae ; and this nearly agrees with that sense 
 of Usurpare which is equivalent to Uti. [Usu- 
 cAPio.] [G. L.] 
 
 USUS. [Marriage (Roman), p. 662.] 
 
 USUS. [USUSFRUCTUS.] 
 
 USUSFRUCTUS and USUS were Personal 
 Servitutes. (Dig. 8. tit. 1. s. 1.) Ususfructus is 
 defined to be '"jus alienis rebus utendi fraendi 
 salva rerum substantia." (Dig. 7. tit. 1. s. 1.) Ac- 
 cordingly Ususfructus comprehended the "jus 
 utendi" and the "jus fruendi." Usus compre- 
 hended only the "jus utendi." The complete dis- 
 tinction between Ususfructus and Usus will only 
 appear from a statement of what each is. 
 
 A ususfructus was the right to the enjoyment of 
 a thing by one person, while the ownership be- 
 longed to another. It could be established by 
 Testament, as when the Heres was required to 
 give to another the ususfnictus of a thing ; and it 
 could also be established by contract between the 
 owner of a thing and him who contracted for the 
 Ususfructus. lie who had the Ususfructus was 
 Ususfructuarius or Fructuarius, and the object of 
 the Ususfructus was Res Fructuaria. 
 
 There might be Ususfructus both in Praedia 
 Rustica and Urbana, in slaves, beasts of burden 
 and other things. 
 
 If the Ususfructus of a thing was bequeathed to 
 a person, all the "fnietus" of the thing belonged 
 to the Fructuarius during the time of his enjoy- 
 ment. Consequently if the Ususfructus of a piece 
 of land was given to him, he was intitled to collect 
 and have for his own all the fnictus that were al- 
 ready on the land, and all that were produced on 
 it during the time of his enjoj-ment. But as he 
 only acquired the ownership of the fructus by col- 
 lecting them, he was not intitled to fructus, which 
 existed on the land at the time when his right 
 ended, and which he had not collected. 
 
 He was bound not to injure the land, and he 
 was bound to cultivate it properly. As to quarries 
 and mines, he could work them for his benefit, if he 
 worked them properly {(jiiasi bonus paterfamilias). 
 If after the bequest of the ususfructus, minerals 
 were found on the land, he could work them. He 
 could be compelled to plant new trees in the place 
 of those which died, and generally to keep the land 
 in good condition. If the ususfinictus was of aedes, 
 the fructuarius was intitled to all the rents and 
 profits which he received during the time of his 
 enjoyment. He could be compelled to keep a 
 house in repair, but it seems to be doubtful how 
 far he was bound to rebuild the house if it fell 
 down from decay : at any rate he was liable for all 
 
 moderate and reasonable expenses which were ne- 
 cessary for the maintenance of the property. 
 
 The Fructuarius could not alienate the right to 
 the ususfructus, though he might give to another 
 the usus of his right ; and he might surrender the 
 right to the Ususfructus to the owner of the thing. 
 He could not subject the thing to servitutes ; nor 
 could the owner do this even with the consent of 
 the fructuarius. The Fructuarius could make such 
 changes or alterations in the thing as would im- 
 prove it, but not such as would in any way deteri- 
 orate the thing. Consequently he had greater 
 power over cultivated land than over houses or 
 pleasure-grounds, for a part of the value of houses 
 or pleasure-grounds and things of the like kind 
 consists in opinion, and must be measured by the 
 rank, wealth and peculiar disposition of the owner. 
 
 The fructuarius could maintain or defend his 
 rights by action and by interdicts. On the com- 
 pletion of the time of the Ususfructus, the thing 
 was to be restored to the owner, who could gene- 
 rally require securities from the fructuarius both 
 for the proper use of the thing and for its restora- 
 tion in due time. This security was in some cases 
 dispensed with by positive enactments, and in 
 other cases by agreement ; but it could not be dis- 
 pensed with by testament. 
 
 Originally there could be no Ususfructus in 
 things unless they were things corporeal and such 
 as could be restored in tire, when the time of 
 Ususfructus had expired. But by a Senatuscon- 
 sultum of uncertain date there might be quasi 
 ususfnictus of things which were consumed in the 
 use, and in this case the fructuarius in fact became 
 the owner of the things, but was bound to give 
 security that he would either restore as much in 
 quantity and value as he had received, or the value 
 of the things in money. It is generally supposed 
 that this Senatusconsultum was passed in the time 
 of Augustus, and a passage of Cicero ( Toj^. 3) is 
 alleged to sliow that it did not exist in the time of 
 Cicero : " Non debet ea mulier. cui vir bonorum su- 
 orum usumfmctum legavit, cellis vinariis et oleariis 
 plenis relictis, putare id ad sc pertinere. Usus enim 
 non abusus legatur." The only difficulty is in the 
 words " id ad se pertinere," which are usually 
 translated " these things, (the cellae vinariae, &c.) 
 are not objects of Ususfructus," from which it is 
 inferred that there was at that time no Ususfructus 
 in things which were consumed in the Use. But 
 if this is the sense, the words which follow, " for 
 the usus, not the abusus (power to consume) is 
 the object of the legacy," have no clear meaning. 
 These words simply signify that a Usus is given, 
 not an Abusus ; but this does not prove that an 
 abusus could not be given. Puchta shows that the 
 phrase "res pertinet ad usufructuarium," which 
 exactly corresponds to the phrase in Cicero, does 
 not mean " that the thing is an object of ususfruc- 
 tus," but that " it docs not belong to the fructu- 
 arius." In the Digest (7. tit. 1. s. 68) the question 
 is, whether the young child of a female slave be- 
 longs to the fructuarius (an partus ad fructuarium 
 pertineat), and it is answered in the negative, with 
 the following explanation : " nec usumfructum in 
 eo fructuarius habebit." The passage of Cicero 
 therefore will mean, that wine and oil in the tes- 
 tator's possession are not given to her by a bequest 
 of the ususfructus of his property, for it is usus, 
 that is, the enjoyment of the property, which is 
 given, and not "abusus" or the power to consume 
 
USUSFRUCTUS. 
 
 HENArOI'. 
 
 10(55 
 
 things. In other words the testator gives the woman ■ 
 a Ususfructus in all his property, that is a right to i 
 gather the fruits, but he does not give the wine 
 and oil, which are fruits already gathered, to the 
 woman to be her property as if she had gathered ( 
 them during her Ususfructus. Puchta contends 
 that "abusus" does not necessarily signify that 
 there could be "abusus" only in the case of things 
 "quae usu consumuntur he says that in the 
 place of wine and oil Cicero might have given the 
 young of animals, as an example without altering 
 his expression. If this interpretation is correct, 
 Puchta contends that the Senatusconsultum as to 
 Quasi ususfructus is older than the time of Cicero. 
 But in truth the Senatusconsultum does not apply 
 to the case under consideration, which is simply 
 this, whether a gift of ususfructus is a gift of the 
 fructus that are already gathered ; and Cicero says 
 that it is not, for it is Usus which is given, that is, 
 Ususfructus, or the right of gathering the fruits, 
 and not xVbusus, which implies the right to the 
 unlimited enjoyment of a thing. If Abusus had 
 been given, the woman's povi'er over all the pro- 
 perty of the testator, including the wine and oil, 
 would have been unlimited ; but as abusus was 
 not given, and as Ususfructus implies the gathering 
 of the fruits by the Fructvuarius, the enjoyment of 
 the fruits already gathered could not belong to her. 
 The argument of Cicero then proves nothing as to 
 the existence of a Quasiususfructus in his time ; so 
 far as his argument goes, the Quasiususfructus might 
 have then existed or might not have existed. The 
 interpretation of Puchta is correct, but his conclusion 
 is not certain. In addition to this, it does not ap- 
 pear that Senatusconsulta were made on such mat- 
 ters as those relating to the law of property, before 
 the Imperial period. 
 
 Usus is defined (Dig. 7. tit. 8. s. 2) by the 
 negation of " frui : " " cui usus relictus est, uti 
 potest, frui vero non potest." The title of the 
 Digest above referred to is " De Usu et habitatione," 
 and the instances given under that title mainly 
 refer to tlie use of a house or part of a house. Ac- 
 cordingly the usus of a house might be bequeathed 
 without the fructus (Dig. 7. tit. 8. s. 18): it has 
 been already explained what is the extent of the 
 meaning of Ususfructus of a house. The usus of 
 a thing implies the power of using it either for ne- 
 cessarj' purposes or purposes of pleasure. The man 
 who was intitled to the usus could notgive the thing 
 to another to use, though a man who had the usus 
 of a house could allow another to lodge with him. 
 A man who had the usus of an estate could take 
 wood for daily use, and could enjoy the orchard, 
 the fruit, flowers and water, provided he used them 
 in moderation, or as it is expressed " non usque ad 
 compendium, sed ad usum scilicet non abusum." If 
 the usus of cattle (peais) was left, the usuarius 
 was intitled to a moderate allowance of milk. If 
 the usus of a herd of oxen was bequeathed to a 
 man, he could use the oxen for ploughing and for 
 all purposes for which oxen are adapted. If the 
 usus was of things which were consumed in the 
 use, then the usus was the same as Ususfructus. 
 (Dig. 7. tit. 5. s. 5. § 2 ; s. 10. § 1.) Usus was in 
 its nature indivisible, and accordingly part of a 
 Usus could not be given as a legacy, though per- 
 sons might have the fnictus of a thing in common. 
 (Dig. 7. tit. 8. s. 19.) As to his duties the usu- 
 arius was in most respects like the fructuarius. In 
 some cases Usus is equivalent to Ususfructus, as 
 
 where there can be no usus of a thing without a 
 taking of the Fructus. 
 
 (Dig. 7. tit. I, &c. ; Frag. Vat. de Umfriictii; 
 Miihlenbruch, Dod. Pandect. § 284, &c. ; Uchcr 
 <las alter des Quasiususfrueius, Von Puchta, Rhcin. 
 Mus. fUr Jurisprudenz. iii. 82.) [U. L.] 
 
 UTERINI. [CoGNATi.] 
 
 UTI POSSIDETIS. [lNTERDICTUM,p.S22.] 
 
 UTILIS ACTIO. [AfTio, p. 7.] 
 UTRKS. [ViNUM, p. 1047.] 
 UTRICULA'RIUS. [Tibia.] 
 UTRUBI. [Interdictum, p. 522.] 
 VULCANA'LIA, a festival celebrated at Rome 
 in honour of Vulcan, on the 23d of August (x. 
 Calcnd. Sept.) with games in the circus Flaminius 
 where the god had a temple. (Inscript. ap. Gruter. 
 Ixi. 3 ; cxxxiv. ; Publ. Vict, de regionih. urh. lio- 
 mae., 9.) The sacrifice on this occasion consisted 
 of fishes which the people threw into the fire. 
 (Varro, de Limj. Lai. v. p. 57. Bip.) It was also 
 customary on this day to commence working by 
 candle-light, which was probably considered as an 
 auspicious beginning of the use of fire, as the day 
 was sacred to the god of this element. (Plin. Ei>ist. 
 iii. 5.) [L. S.] 
 
 VULGA'RES. [Servus (Roman), p. 873.] 
 UXOR. [Marriage (Roman), p. 602.] 
 UXO'RIUM or AES UXO'RIUM was a tax 
 paid by persons who lived as bachelors. (Festus, 
 s. ?'.) It was first imposed by the censors M. 
 Furius Camillus and M. Postumius B. c. 403 
 (Val. Max. ii. 9. § I ; Plut. Cam. 2), but whether 
 it continued to be levied we do not know. Subse- 
 quent censors seem not unfrequcntly to have used 
 endeavours to induce bachelors to marry ; the ora- 
 tions of the censors Metellus Macedonicus (b. c. 
 131) and Metellus Numidicus (b. c. 102) on the 
 subject were extant in the time of the empire. 
 Some extracts from the speech of the latter are 
 given by Aulus Gellius (i. 6), and Augustus read 
 the speech of the fonner in the senate as applicable 
 to the state of things in his time. (Suet. A mj. 89 ; 
 Liv. Epit. 59.) Various penalties were imposed 
 by Augustus upon those who lived in a state of 
 celibacy, respecting which see Julia Le.x et 
 Papia Popfaea, p. 536. [L. S.] 
 
 X. H. 
 
 EENAror. The Spartans, as being the head 
 of tliat Peloponnesian and Dorian league, which 
 was formed to secure the independence of the 
 Greek states, had the sole command of the con- 
 federate troops in time of war, ordered the quotas 
 which each state was to furnish, and appointed 
 officers of their own to command them. Such 
 officers were called ^^vayot. The generals whom 
 the allies sent with their troops were subordinate 
 to these Spartan levoyoi', though they attended tlie 
 council of war, as representatives of their respec- 
 tive countries. (Thucvd. ii. 7. 10. 75; v. 54; 
 Xenoph. Jlrll. iii. 5. §'7 ; v. § 33 ; Jffesil. ii. 10.) 
 After the peace of Antalcidas, the league was still 
 more firmly established, though Argos refused to join 
 it ; and the Spartans were rigorous in exacting the 
 required military service, demanding levies by 
 the S/cuT-aAT), and sending out ^^ua-yol to collect 
 them. (Xenoph. Hell. v. 2. § 7. 37 ; vi. 3. § 7 ; 
 Wachsmuth, Hell. Alterth. i. ii. 114. 241 ; Scho- 
 mann, Ant.jur. rub. Or. p. 426.) 
 
10()6 
 
 HENI'AS rPA*H'. 
 
 The word ^evayos may be applied to any leader 
 of a band of foreigners or mercenaries. It is also 
 used to signify one who shows hospitality to 
 strangers, or who conducts them about the town 
 to see what is to be seen there, like the Latin 
 perdiicior. (Stephan. Thesaur. fi477.) [C. R. K.] 
 EENHAASI'A. The Lacedaemonians appear in 
 very early times, before the legislation of Lycurgus, 
 to have been averse to intercourse with foreigners, 
 (IcyoiiTi dirpocrfiiKToi, Herod, i. 65). This disposi- 
 tion was encouraged by the lawgiver, who made an 
 ordinance forbidding strangers to reside at Sparta, 
 without special permission, and empowering the 
 magistrate to expel from the city any stranger who 
 misconducted himself, or set an example injurious 
 to public morals. Such jurisdiction was exercised 
 by the Ephori. Thucydides (ii. 39) makes Pericles 
 reproach the Lacedaemonians with this practice, as 
 if its object were to exclude foreigners from sharing 
 in the benefits of their institutions. The intention 
 of LycurgTis, more probably, was to preserve the 
 national character of his countrymen, and prevent 
 their being corrupted by foreign manners and 
 vices, (as Xenophon says,) oVois fj.rl paSiovpyias o'l 
 TToAirai OTTO tUv ^evtau i/jLTriirAaivTO. (Z>e licp. 
 Laced, xiv. 4 ; compare Plutarch, Li/cury. 27.) 
 With the same view the Spartans were themselves 
 forbidden to go abroad without leave of the magis- 
 trate. Both these rules, as well as the feelings of 
 the people on the subject, were nmch relaxed in 
 later times when foreign rule and supremacy be- 
 came the object of Spartan ambition. Even at an 
 earlier period we find that the Spartans knew how 
 to observe the laws of hospitality upon fit and 
 proper occasions, such as public festivals, the re- 
 ception of ambassadors, &c. (Xeiioph. Mem. i. 2. 
 § O'l.) They worshipped a Zevs ^evios and 'Adava 
 leWa. (Pausan. iii. 11. §11.) The connexion, 
 called by the Greeks vpo^ei/'ia, was cultivated at 
 Spai^ta both by the state and by individuals ; of 
 which their connexion with tlie Pisistratidae is an 
 example ; and also that of a Spartan family with 
 the famil}' of Alcibiades. (Thucyd. v. 43; vi. 89 ; 
 viii. 6 ; Herod, v. 91 ; compare vi. 57.) [Hospi- 
 TIUM.] Many illustrious men are reported to 
 have resided at Sparta with honour, as Terpander, 
 Theognis, and others. (Schiimann, Ant.jui: Pulil. 
 Gr. 142.) Xenophon was highly esteemed by the 
 nation, and made Spartan vpo^evos. (See further 
 on the subject of the lev-qXaaia, Thucyd. i. 
 144, with Goeller's notes; Aristoph. Ares, 1013 ; 
 Harpocr. s. r. Kal yap to firiSeva.) [C. R. K.] 
 HENI'AS rPA*H'. This was a prosecution at 
 Athens for unlawfully usuqjing the rights of citi- 
 zenship. As no man could be an Athenian citizen, 
 except by birth or creation {yivei or noi-qcm), if 
 one, having neither of those titles, assumed to act 
 as a citizen, cither bj' taking part in the popular 
 assembly, or by serving any office, judicial or 
 magisterial, or by attending certain festivals, or 
 doing any other act which none but a citizen was 
 privileged to do, he was liable to a ypa<prl fefi'as, 
 which any citizen might institute against him. 
 (Demosth. c. Timoth. 1204.) Or lie might be pro- 
 ceeded against by €i'(ro776A.i'a. (Schiimann, t/e 
 Coniit. 187.) If condemned, his property and 
 person were forfeited to the state, and he was 
 forthwith to be sold for a slave. (Demosth. Episi. 
 i. 1481.) The judgment however was arrested, if 
 he brought a SiKV xl/evSoiiapTvprnv against the 
 witnesses who had procured his conviction, and 
 
 HENIKO'N. 
 
 convicted them of giving false testimony. During 
 such proceeding he was kept in safe custody to 
 abide the event. [MAPTTPl'A.] When a person 
 tried on this charge was acquitted by means of 
 fraudulent coUusion with the prosecutor or wit- 
 nesses, or by any species of bribery, he was liable 
 to be indicted afresh by a ypa<j>ri Scepo^evlas, the 
 proceedings in which, and the penalty, were the 
 same as in the ypa(pi^ |6y/as. The jurisdiction in 
 these matters belonged, in the time of Demosthenes, 
 to the Thesmothetae, but ancientlj', at least in the 
 time of Lysias, to the Nautodicae. (Harpocr. s.v, 
 Aapo^fvia, UapdaTaais, NanroS'tKai, Hesych. and 
 Suidas, s. V. Heci'aj SiVr), NauToSi'/cai, Pollux, viii. 
 40. 126 ; Meier, Att. Proc. 83. 347. 761.) 
 
 In order to prevent fraudulent enrolment in the 
 register of the Srjjtoi, or ATj^iaftx'Koi' ypafiixare7ov, 
 which was important evidence of citizenship, the 
 SrifioTai themselves were at liberty to revise their 
 register, and expunge the names of those who had 
 been improperly admitted. From their decision 
 there was an appeal to a court of justice, upon 
 which the question to be tried was much the same 
 as in the ypaip-q ^€vias, and the appellant, if he 
 obtained a verdict, was restored to the register; 
 but if judgment was given against him, was sold 
 for a slave. [Demus.] (Harpocr. s. v. Aia^<puTis : 
 Schumann, de Comit. 381.) For an example of 
 this see the speech of Demosthenes against Eu- 
 bulides. [C. R. K.] 
 
 EENIKO'N. At an early period there was no 
 such thing as a standing army, or mercenary force, 
 in the Greek republics. The former would have 
 excited jealousy, lest it should oppress the people, 
 as the chosen band did at Argos (Pausan. ii. 20. 
 § 2 ; Thucyd. v. 81) ; and for the latter there was 
 rarely any occasion. The citizens of every state 
 formed a national militia for the defence of theu: 
 country, and were bound to serve for a certain pe- 
 riod at their own expense, the higher classes usu- 
 ally ser^dng in the cavalrj', or heavy-armed infantrj^ 
 the lower classes as light-armed troops. Foreigners 
 were rarely employed ; the Carians, Cretans, and 
 Arcadians, who served as mercenaries (Herod, i. 
 171 ; Pausan. iv. 8. § 3 ; 10. § 1 ; 19. § 4 ; 
 Wachsmuth, Hell. Alterth. i. i. 30 ; Schbmann, 
 Atii. jur.pub. Gr. 159), are an exception to the 
 general rule. In the Persian war we find a small 
 number of Arcadians offering to serve under Xerxes 
 (Herod, viii. 26) ; and they seem to have used 
 themselves to such employment down to a much 
 later period. (Xenoph. lldlcn. vii. 1. g 23; 
 Schiimann, Id. 409.) The pi'actice of maintaining 
 a standing force was introduced by the tyrants, 
 wlio kept guards and soldiers in their pay ( Sopi>- 
 (popoi, fiiaSofopoi) to prevent insurrections of the 
 people, and preserve their infiuence abroad. As it 
 was unsafe to trust arms in the hands of their own 
 subjects, tliey usually employed foreigners. (Thu- 
 cyd. vi. 55 ; Diodor. xi. 67. 72 ; Xenoph. Hier. v. 
 3.) Hence, and because citizen soldiers used to 
 fight without pay, lerai came to signify mercenaries. 
 (Harpoc. s.v. Hei'iTeuo/iei'ous.) We must distin- 
 guish, however, between those who fought as auxi- 
 liaries, whether for pay or otherwise, under com- 
 mission fi'om their own country, and those who 
 did not. The former were (ir'iKovpoi, not leVoi. 
 (Herod, i. 64 ; iii. 45 ; v. 63; Thucyd. i. 60 ; ii. 
 70 ; iii. 34 ; iv. 80.) The terms feVoi and ^fviicov 
 implied that the troops were independent of, or 
 severed from their own country. 
 
 I 
 
HENIKO'N. 
 
 The first Grecian people who commenced the 
 employment of mercenaries on a large scale, were 
 the Athenians. While the tribute which they 
 received from the allies placed a considerable reve- 
 nue at their disposal, the wars which their ambition 
 led them into compelled them to maintain a large 
 force, naval and military, which their own popula- 
 tion was unable to supply. Hence they swelled 
 their armies with foreigners. Thucydidcs makes 
 the Corinthian ambassador at Sparta say, (uctjt^ tj 
 'AflTjcaiW Suva/iis. (i. 1'21.) They perceived also 
 the advantage of employing men of diiferent na- 
 tions in that service, for which from habit they 
 were best qualified ; as, for instance, Cretan archers 
 and slingers, Thracian peltastae. (Thucyd. vi. 25 ; 
 vii. 27 ; Aristoph. Ackarn. 159.) At the same 
 time the practice of paying the citizens was intro- 
 duced ; a measure of Pericles, which was indeed 
 both just and unavoidable (for no man was bound 
 by law, or could be expected, to maintain himself 
 for a lomj campaign) ; but which tended to efface 
 the distinction between the native soldier and the 
 foreigner. (Bijckh, Slaatsh. der Aflien. i. 2.02, &c.) 
 Other Greek nations soon imitated the Athenians 
 (Thucyd. iv. 76), and the appetite for pay was 
 u greatly promoted by the distribution of Persian 
 money among the belligerents. (Thucyd. viii. 5. 29. 
 45 ; Xcnoph. Helk-n. i. 5. § 3.) At the close of 
 the Pcloponnesian war, large numbers of men who 
 had been accustomed to live by war were thrown 
 out of employment ; many were in exile or dis- 
 contented with the state of things at home ; all 
 such persons were eager to engage in a foreign ser- 
 vice. Hence there arose in Greece a body of men 
 who made arms their profession, and cared little on 
 which side they fought, provided there were a suit- 
 able prospect of gaining distinction or emolument. 
 Conon engaged mercenaries with Persian money. 
 
 i Agesilaus encouraged the practice, and the Spar- 
 tans allowed the members of their confederacy to 
 fm-nish money instead of men for the same pur- 
 pose. (Xenopli. Hdl.ra. 4. g 15 ; iv. .3. g 15 ; v. 
 2. § 21.) The Greeks, who followed Cjtus in his 
 expedition against Artaxerxes, were mercenaries. 
 (Xenoph. Aiiah. i. 3. § 21.) So were the famous 
 peltastae of Chabrias and Iphicrates. (Harpocr. 
 s. r. ZiViKov iv Kopivdw: Aristoph. Pl/U. 173.) 
 The Phocians, under Philomelus, Onomarchus, and 
 Phayllus, carried on the sacred war by the aid 
 of mercenaries, paid out of the treasures of the 
 Delphian temple. (Diodor. xvi. 30, &c.) But 
 higher paj- and richer plunder were in general to 
 be found in Asia, where the disturbed state of the 
 empire created continual occasions for the services 
 
 , of Greek auxiliaries, whose superior discipline and 
 
 . courage were felt and acknowledged by the Bar- 
 barians. Even the Spartans sent tlieir king Agesi- 
 laus into Egypt, for the sake of obtaining Persian 
 gold. Afterwards we find a large body of Greeks 
 serving under Darius against Alexander. It is 
 proper here to notice the evil consequences that 
 resulted from this employment of mercenaries, es- 
 pecially to Athens, which employed them more 
 than any other Greek state. It might be expected 
 that the facility of hiring trained soldiers, whose 
 e.xperience gave them great advantages, would lead 
 
 I to the disuse of military service by the citizens. 
 Such was the case. The Athenian citizens stayed 
 at home, and became enervated and corrupted by 
 the love of ease and pleasure ; while the conduct 
 of wars, carried on for their benefit, was entrusted 
 
 HE'STHS. 10f)7 
 
 to men over whom they had little control. Even 
 the general, though commonly an Athenian, was 
 compelled frequently to comply with the humours, 
 or follow the example of his troops. To conciliate 
 them, or to pay them their arrears, he might be 
 driven to commit acts of plunder and outrage upon 
 the friends and allies of Athens, which thus found 
 enemies where she least expected. It was not un- 
 usual for the genends to engage in enterprises 
 foreign to the purposes for which they were sent 
 out, and unconnected with the interests of their 
 country, whose resources they wasted, while they 
 sought their own advantage. The expeditions of 
 Chabrias and Iphicrates to Egj'pt are examples of 
 this. But the most signal example is the conduct 
 of the adventurer Charidemus. Upon all these 
 matters we may refer the reader more particularly 
 to Demosthenes, whose comments upon the disas- 
 trous policy pursued by his countrymen were no 
 less just than they were wise and statesmanlike. 
 {Vcmosth. J'/iilip. i. p. 4b' ; c.Aristocr. p.G66. 671 ; 
 Trepl ToO (Tre(p, ttjj rpnip. p. 1232, &c. ; Athe- 
 naeus, xii. 43 ; Thirlwall, Hist, of Greece., v. p. 
 210 ; Wachsmuth, i. ii. p. 309.) [C. R. K.] 
 
 EE'NOS, HENI'A. [Hospitium, p. 490.] 
 
 HE'5TH2, a Greek measure of capacity, both 
 fluid and solid, which contained 12 cyathi or 2 
 cotylae, and was equal to ^ of the X""^? 4V *he 
 Roman amphora or quadrantal, and of the Greek 
 amphora or metretes ; or, viewing it as a dry mea- 
 sure, it was half the choenix and -gg of the medim- 
 nus. It contained '9911 of a pint English. 
 
 At this point the Roman and Attic systems of 
 measures coincide ; for, though the feVTrjj appears 
 to have varied in different states of Greece, there 
 is no doubt that the Attic ^eittijs was identical, 
 both in name and in value, with the Roman sexta- 
 rius. Also the Attic xows was equal to the Roman 
 congius, for the (Ja-rris was the sixth of the fonner, 
 and the sextarius the sixth of the latter. [XOT'S : 
 Congius; Sextariu.s.] Further, the Attic me- 
 tretes or amphora contained 12 xo"i and the Ro- 
 man amphora contained 8 congii ; giving for the 
 ratio of the fonner to the latter 3:2 or IJ : 1. 
 Again, the Attic medimnus was the double of the 
 Roman amphora, and was to the metretes in the 
 ratio of 4:3; and the Roman modius was the 
 sixth of the Attic medunnus, and the third of the 
 Roman amphora. Hence the two systems are con- 
 nected by the numbers 2 and 3 and their multiples. 
 
 How and when did this relation arise ? It can- 
 not be accidental, nor can we suppose that the 
 Greek system was modelled upon the Roman, 
 since the former existed long before the Roman 
 conquest of Greece. We must therefore suppose 
 that the Roman system was in some way adapted 
 to the Greek. It is a remarkable circumstance 
 that the uncial system of division which character- 
 ised the Roman weights and measures [As ; Un- 
 cia], is not found in the genuine Roman measures 
 of capacity (for the use of the cyathus as the uncia 
 of the se.xtarius appears to have originated with 
 the Greek physicians in later times) ; and this is 
 the more remarkable, as it is adopted in the Greek 
 sj'stem : the Greek amphora being divided into 12 
 Xoer, and the Roman into 8 congii, instead of 12. 
 In the Roman foot again, besides the uncial divi- 
 sion, we have the division into 4 palmi and lf> 
 digiti, which seems clearly to have been borrowed 
 from the Greek division into 4 iraKaaTol and 1 fi 
 SuKTvAoi. [Pes.] It seems therefore highly pre- 
 
1068 
 
 ZA'KOPOI. 
 
 ZONA. 
 
 bable that the Greek system of measures had a 
 considerable influence on that of the Romans. 
 
 To find the origin of this connection we must 
 look from the measures to the weights, for both 
 systems were undoubtedly founded on weight. 
 The Roman amphora or quadrantal contained 80 
 pounds (whether of wine or water docs not matter 
 here), and the congiiis 10 pounds. Also the Attic 
 talent was reckoned equal to 80 Roman pounds, 
 and contained 60 minae. Therefore the Attic 
 mina had to the Roman pound the ratio of 80 : 60 
 or 4 : 3. 
 
 Now if we look at the subject historically, we 
 find all the principal features of the Roman system 
 in existence as early as the time of Servius TuUius. 
 We must therefore seek for the introduction of 
 the Greek element before that time. At that 
 early period Athens does not appear to have had 
 any considerable commercial intercourse with 
 Italy, but other Grecian states had, through the 
 colonies of Magna Graecia. The Phocaeans at a 
 very early period had a traffic with the Tyrrhenians, 
 the Aeginetans had a colony in Umbria, and Co- 
 rinth and her colonies were in intercourse with the 
 people of central Italy, besides the traces of Corin- 
 thian influence upon Rome, which are preserved in 
 the legend of the Tarquinii. It is therefore to the 
 Aeginetico-Corinthian system of weights and mea- 
 sures that we must look for the origin of Grecian 
 influence on the Roman system. Now the Aegi- 
 netan poimd, which was half of the Aeginetan 
 mina, had to the Roman pound the ratio of 10 : !); 
 and since the Aeginetan mina was to the Attic 
 (most probably, see Talentum) as 5 : 3, we get 
 from the comparison of these ratios the Attic mina 
 to the Roman pound as 4 : 3, as above. 
 
 The above view of the relation between the 
 Greek and Roman system of measures of capacity 
 is that of Riickh, who discusses the subject more 
 fully in his Meirologische Untersuchunge7i, xi. § 10. 
 
 [P. S.] 
 
 HI'*02. [GLAmus.] 
 EO'ANON. [Statuary, p. 898.] 
 XYSTARCHUS. [Gymna.sium, p. 463.] 
 XYSTUS. [Gymnasium, p. 462 ; Hortu.s, 
 p. 48y.] 
 
 Z. 
 
 ZA'KOPOI is the name by which in Greece 
 those persons were designated whose duty it was 
 to guard a temple and to keep it clean. Notwith- 
 standing this menial service they partook of the 
 priestly character, and are sometimes even called 
 priests. (Suid. llesych. Etyra. Mag. s. r. ZaKopos : 
 Pollu.x, i. 16.) In many cases they were women, 
 as Time in Herodotus (vi. 134), but men are also 
 mentioned as ^aKopoi. The priestess Timo is 
 called by Herodotus viro^aKopui, from which it is 
 clear tliat iu some places several of these priests 
 must have been attached to one and the same 
 temple, and that they differed among themselves 
 in rank. A class of servants of the same kind 
 were the uewKopoi, or temple-sweepers. (Hesych. 
 and Suid. s. v.) Subsequently, however, the 
 menial services connected with this oflice were left 
 to slaves, and the persons called viwKdpoi became 
 priestly officers of high rank, who had the supreme 
 superintendence of temples, their treasures, and the 
 sacred rites obsened in them. (Xenoph. Anab. v. 
 
 3. § 7 ; Plat, dc Legrj. vi.) We learn from in- 
 scriptions that in some towns the VioiKopoi formed 
 a collegium which was lieaded by the eldest among 
 them. ^Vhen the vi<iiK6poi had thus risen to the 
 rank of high priestly officers, magistrates and per- 
 sons of distinctions, and even emperors, were 
 anxious to be invested with the office, and in the 
 time of the emperors whole nations and cities 
 assumed the title of vewKopoi, as we learn from 
 numerous coins and inscriptions, and thus became 
 tlie especial guardians of particular temples. ( Van 
 Dale, Disscrtat. ad inscripi. el marm. inpr. Graec. 
 p. 298, &c. ; Eckel, Ductrin. Num. iv. p. 288, 
 &c.) ^ [L. S.] 
 
 ZHTHTAl', Inquisitors, were extraordinary offi- 
 cers, appointed by the Athenians to discover the 
 authors of some crime against the state, and bring 
 tliem to justice. Public advocates, cvvriyopoi or 
 Karrryopoi, were sometimes directed to assist them 
 in this duty. Frequently the court of Areopagus 
 perfonned the office of inquisitors for the state, 
 and indeed it was the duty of every magistrate 
 to assist in procuring information against offend- 
 ers. (Andoc. dc Mijst. 3. 5. 6 ; Dinarch. c. De- 
 iiiosth. p. 90. 97. ed. Steph.) ZrjrrjTai' were more 
 frequently appointed to search for confiscated pro- 
 perty, the goods of condemned criminals and state 
 debtors ; to receive and give information against 
 any persons who concealed, or assisted in conceal- 
 ing them, and to deliver an inventory of all such 
 goods {diroypd<p€iv) to the proper authorities. The 
 debnquent was then prosecuted, cither before the 
 (Tvi/SiKoi, or it might be before tlie fTjTrjTai them- 
 selves, if their commission extended to the holding 
 of an ijyefiovia ZiKamriplov. Any person, how- 
 ever, who thought himself entitled to the goods, 
 which were the subject of such information, or to 
 any part of them, might prefer a complaint against 
 the inquisitor or infoi-mer, and petition to have the 
 goods, or the part to which he was entitled, or their 
 proceeds, restored to him. This proceeding was 
 called efCTTio-Kwa- [STfNAIKOI, OAPAKATA- 
 BOAH'.] Inquisitors were also called Maarfipes. 
 On one particular occasion a set of commissioners 
 called avKKo-yus, were appointed, to discover the 
 property of the oligarchs, who were concerned in 
 overturning the democracy. (Haqiocr. s. v. Ztjtjj- 
 TTjs: Bockh, Staatsh. der Atlicn. i. 170; Meier, 
 Att.Proc. 110, 112, 566.) See also the speeches 
 of Ly sias dc PiM. Bon. and de A ristoph. Bon. and 
 as to the proceedings against state debtors, see fur- 
 ther Brickh, Id. i. 415. [C. R. K.] 
 ZETrrXAI. [Cen.su.s, p. 212.] 
 ZONA, dim. ZONULA, also called CINGU- 
 LUM {^(ivn, ^wixa, ^axTTrjp, Herod, i. 215 ; iv. 
 9 ; jxlrpa), a girdle or zone, woni about the loins 
 by both sexes. As in the case of some other arti- 
 cles of dress, the distinction between the male and 
 female girdle was denoted by the use of a diminu- 
 tive, fciii'i) or ^acTTrjp being more properly a man's, 
 ^uvwv a woman's girdle. (Moeris Att. t\) Tlie 
 finer kinds of girdles were made by netting, 
 whence the manufacturer of them was called ^cduio- 
 irKoKos. (Th. Magister, p. 413, ed. Oudcndorp ; 
 Zonarius.) 
 
 The chief use of this article of dress was to 
 hold up the tunic (^tivvvaBai, CalHm. Diem. 12), 
 which was more especially requisite to be done 
 when persons were at work, on a journey, or en- 
 gaged in hunting. Hence we see the loins girded 
 in the woodcuts of the boatman at p. 404, of the 
 
ZONA. 
 
 ZONA. 
 
 1069 
 
 shipbuilders at pp. 51, 103, of the goat-herd at 
 p. 738, of the hunters at p. 8-22, and of Diana at p. 
 224. The ^oivrt or ("ojo'Trjp is also represented in 
 many ancient statues and pictures of men in amiour 
 as worn round the cuirass. Among the Romans 
 the Magister Equitum wore a girdle of red leather, 
 embroidered with needlework, and having its two 
 extremities joined by a very splendid and elaborate 
 gold buckle. [Fibula.] (Lydus, de Mag. ii. 13.) 
 The girdle, mentioned by Homer {11. iv. 135; v. 
 539; X. 77 ; xi. 23()), seems to have been a con- 
 stituent part of the cuirass, serving to fasten it by 
 means of a buckle, and also affording an additional 
 protection to the body, and having a short kind of 
 petticoat attached to it, as is shown in the figure 
 of the Greek warrior in p. 570. In consequence 
 of the use of the girdle in fastening on the armour, 
 ^(LvvvaBai or ^latraa&at. meant to arm onc^s-self 
 (Horn. //. xi. 15), and from this circumstance 
 Athene was worshipped under the character Zw- 
 ari\pla. (Pans. ix. 17. § 2.) The woodcut at 
 p. 5 shows that the ancient cuirass did not 
 descend low enough to secure that part of the 
 body, which was covered by the ornamental kilt 
 or petticoat. To supply this defect was the de- 
 sign of the mitra {fiWpa), a brazen belt lined pro- 
 bably on the inside with leather and stuffed with 
 wool, which was worn next to the body (Hom. 
 Jl. iv. 137. 187 ; v. 707. 857 ; Schol. 'in 11. iv. 
 187), so as to cover the lower part of the abdo- 
 men. The annexed woodcut shows the outside 
 and inside of the bronze plate of a mitra, one 
 foot long, which was obtained by Brijndsted 
 {^Bronzes of Siris, p. 42) in the island of Euboea, 
 and is now preserved in the Royal Library at 
 Paris. We observe at one end two holes for fast- 
 ening the strap which went behind the body, 
 and at the other end a hook fitted probably to a 
 ring, which was attached to the strap. A portion 
 of a similar bronze plate is engraved by Caylus 
 {Rc'C. d'Ant. Y. pi. 96. fig. 1). 
 
 Men used their girdles to hold money instead 
 
 
 
 
 
 t 
 
 
 1 rj'' 
 
 
 
 
 
 
 of a purse. (Plant. ATcrc. v. 2. 84 ; Gellius, xv. 
 12 ; Sueton. ViUdl. 16.) The wallet [Pbra] was 
 fastened to the girdle ; and still more frequently 
 the fold of the tunic, fonned by tucking it up, 
 and called sinus, was used as a pocket to carry 
 whatever was necessarj'. 
 
 As the girdle was worn to hold up the gar- 
 ments for the sake of business or of work requir- 
 ing despatch, so it was loosened and the tunic 
 was allowed to fall down to the feet to indicate 
 the opposite condition, and more especially in pre- 
 paring to perfonn a sacrifice {veste rccincla, Virg. 
 Acn. iv. 518 ; Ovid, Met. vii. 182), or funeral 
 rites {dUdndi, Sueton. Atig. 100 ; inciiictae, Ti- 
 bulLiii. 2. 18). 
 
 A girdle was worn by young women, eveil 
 when their tunic was not girt up, and removed 
 on the day of marriage, and therefore called ^livq 
 irapdiviKT). (Jacobs, Anthol. ii. p. 873 ; ■trapdevov 
 fiirpTji/, Brunck, Anal. iii. 299 ; Sen. Oed. ii. 3. 
 17 ; Hom. Od. v. 231 ; Longus, i. 2 ; Ovid, 
 Epi'it. Ilcr. ii. 116 ; ix. 66 ; Festus, s. v. Ciiigu- 
 Inm ; CatuU. ii. 13 ; Ixiv. 28.) The Flora in the 
 nuiseum at Naples (see the annexed woodcut) 
 shows the appearance of the girdle as worn by 
 young women. 
 
 A horse's girth, used to fasten on the saddle 
 [Ephippium], was called by the same names, and 
 was sometimes made of rich materials, and em- 
 broidered in the most elaborate manner. (Ovid, 
 Rem. Am. 236 ; Claud. Epiij. 34. 36.) These 
 terms, zona and ciiiyulum, were also used to sig- 
 nify the five zones as understood by geographers 
 and astronomers. (Virg. Georg. i. 233 ; Plin. H.N 
 ii. 68 ; Macrob. Som.Scip. ii.) [J. Y.] 
 
1070 
 
 FASTI CONSULARES. 
 
 FASTI CONSULARES. 
 
 (See pp. 41 1 and 412 of this work.) 
 
 A. V. 
 
 24.') L. Junius Brutus. Occis. es). 
 
 L. Tarquinius Collatinus. At/d. 
 
 Sp. Lucretius Tricipitinus. MoH. est. 
 
 M. Horatius Pnhallus. 
 P. Valerius Poplicola. 
 24 G P. Valerius Poplicola IL 
 T. Lucretius Tricipitinus. 
 
 247 P. Valerius Poplicola III. 
 M. Horatins Pulvillus II. 
 
 248 Sp. Lartius Flavus .s. Rufus. 
 T. Hcniiinius Aquilinus. 
 
 249 M. Valerius Volusus. 
 P. Postimiius Tubertus. 
 
 250 P. Valerius Poplicola IV. 
 T. Lucretius Tricipitinus II. 
 
 2.51 P. Postumius Tubertus II. 
 Agrippa Menenius Lanatus. 
 
 252 Opiter Virginius Tricostus. 
 Sp. Cassius Viscellinus. 
 
 253 Postumus Cominius Auruncus. 
 T. Lartius Flavins s. Rufus. 
 
 LHdaior rei gerundae causa. 
 T. Lartius Flavus s. Rufus. 
 
 Magister E(iiiitum. 
 Sp. Cassius Viscellinus. 
 
 254 Ser. Sulpicius Camerinus Cornutus. 
 M". Tullius Longus. Mori. e. 
 
 255 T. Aebutius Elva. 
 
 P. Veturius Geminus Cieurlnus. 
 
 256 T. Lartius Flavus s. Rufus II. 
 Q. Cloelius (Volcula) Siculus. 
 
 Did. rei ger. c. 
 A. Postumius Albus Regillensis. 
 
 Mag. Eq. 
 T. Aebutius Elva. 
 
 257 A. Sempronius Atratinus. 
 M. Minucius Augminus. 
 
 258 A. Postumius Albus Regillensis. 
 
 T. Virginius Tricostus Caeliomontanus. 
 25.9 Ap. Claudius Sabinus Regillensis. 
 P. Servilius Priscus Structus. 
 
 260 A. VirginiusTricostus Caeliomontanus. 
 T. Veturius Geminus Cicurinus. 
 
 Diet, sef/ilionis sedanduc c. 
 M'. Valerius Volusus Maximus. 
 
 Mag. Eq. 
 Q. Servilius Priscus Structus. 
 
 261 Sp. Cassius Viscellinus II. 
 Postumus Cominius Aunmcus II. 
 
 262 T. Geganius Macerinus. 
 P. Minucius Augurinus. 
 
 263 M. Minucius Augurinus II. 
 A. Sempronius Atratinus II. 
 
 264 Q. Sulpicius Camerinus Cornutus. 
 Sp. Lartius Flavus s. Rufus II. 
 
 265 C. Julius Julus. 
 
 P. Pinarius Mamercinus Rufus. 
 
 266 Sp. Nautius Rutilus. 
 
 Sex. Furius MeduUiniis Fusus. 
 
 267 T. Sicinius Sabinus. 
 C. Aquilius Tuscus. 
 
 268 Proculus Virginius Tricostus Rutilus. 
 Sp. Cassius Viscellinus III. 
 
 269 Ser. Cornelius Cossus Maluginensis. 
 Q. Fabius Vibulanus. 
 
 270 L. Aemilius Mamercus. 
 K. Fabius Vibulanus. 
 
 A. c. 
 483 
 
 A. U. 
 
 271 
 
 482 272 
 
 481 273 
 
 480 274 
 
 479 275 
 
 478 276 
 
 477 277 
 
 476 278 
 
 475 279 
 
 474 280 
 
 473 281 
 
 472 282 
 
 471 283 
 
 470 284 
 
 469 285 
 
 468 286 
 
 467 287 
 
 466 288 
 
 465 289 
 
 464 290 
 
 463 291 
 
 462 292 
 
 461 293 
 
 460 294 
 
 M. Fabius Vibulanus. 
 
 L. Valerius Potitus. 
 
 C. Julius Julus. 
 
 Q. Fabius Vibulanus II. 
 
 K. Fabius Vibulanus II. 
 
 Sp. Furius MeduUinus Fusus. 
 
 Cn. Manlius Cincinnatus. (kc. f. 
 
 M. Fabius Vibulanus II. 
 
 K. Fabius Vibulanus III. 
 
 T. Virginius Tricostus Rutilus. 
 
 L. Aemilius Mamercus II. 
 
 C. Servilius Structus Ahala. Morf. e. 
 
 Opiter Virginius Tricostus Esquilinus. 
 
 C. Horatius Pulvillus. 
 
 T. Menenius Lanatus. 
 
 A. Virginius Tricostus Rutilus. 
 
 Sp. Servilius Priscus Structus. 
 
 P. Valerius Poplicola. 
 
 C. Nautius Rutilus. 
 
 A. Manlius Vulso. 
 
 L.FuriusMedullinusFusus./.!(.'!/r. V III. 
 
 L. Aemilius Mamercus III. 
 
 Vopiscus Julius Julus. 
 
 L. Pinarius Mamercinus Rufus. 
 
 P. Furius MeduUinus Fusus. 
 
 Ap. Claudius Sabinus Regillensis. 
 
 T. Quinctius Capitolinus Barbatus. 
 
 L. Valerius Potitus II. 
 
 Ti. Aemilius Mamercus. 
 
 A. VirginiusTricostusCaeliomontanus. 
 
 T. Numicius Priscus. 
 
 T. Quinctius Capitolinus Barbatus TI. 
 
 Q. Serrilius Priscus Structus. 
 
 Ti. Aemilius Mamercus II. 
 
 Q. Fabius Vibulanus. 
 
 Sp. Postumius Albus Regillensis. 
 
 Q. Servilius Priscus Structus II. 
 
 Q. Fabius Vibulanus II. 
 
 T. Quinctius Capitolinus Barbatus III. 
 
 A. Postumius Albus Regillensis. 
 
 Sp. Furius MeduUinus Fusus. 
 
 P. Servilius Priscus Structus. 
 
 L. Aebutius Elva. 
 
 L. Lucretius Tricipitinus. 
 
 T. Veturius Geminus Cicurinus. 
 
 P. Volumnius Aniintinus Gallus. 
 
 Ser. Sulpicius Camerinus Cornutus. 
 
 C. Claudius Sabinus Regillensis. 
 
 P. Valerius Poplicola II. Mori. c. 
 
 L. Quinctius Cincinnatus. 
 459 295 Q. Fabius Vibulanus III. 
 
 L. Cornelius Maluginensis. 
 458 296 L. Minucius Esquilinus Augurinus. 
 
 C. Nautius Rutilus II. 
 Dirt, rei ger. c. 
 
 L. Quinctius Cincinnatus. 
 Mag. Eq. 
 
 L. Tarquitius Flaccus. 
 457 297 C. Horatius PulvUlus II. 
 
 Q. Minucius Esquilinus Augurinus. 
 456 298 M. Valerius (Lactuca) Maximus. 
 
 Sp.VirginiusTricostusCaeliomontanus. 
 455 299 T. Romilius Rocus Vaticanus. 
 
 C. Veturius Geminus Cicurinus. 
 454 300 Sp. Tarpeius Montanus Capitolinus. 
 
 A. Aternius Varus Fontinalis. 
 453 301 Sex. Quinctilius Varus. 
 
 P. Curiatius Festus Trigeminus. 
 
FASTI CONSULARES. 
 
 FASTI CONSULARES. 
 
 A. C. A. V. 
 
 452 302 
 451 303 
 
 I A. 0. A. U. 
 
 450 304 
 
 449 305 
 
 448 306 
 
 447 307 
 
 446 308 
 
 445 309 
 
 444 310 
 
 443 311 
 
 442 312 
 
 441 313 
 
 440 314 
 
 439 315 
 
 438 316 
 
 437 317 
 
 P. Sestius Capitolinus Vaticanus. 
 
 T. Meiienius Lanatus. 
 
 Ap. Claudius Crassiiius Regillensis 
 
 Sabinus II. Abd. 
 T. Genucius Augurinus. Abd. 
 
 Decemviri. 
 Ap. Claudius Crassinus Regillensis 
 
 Sabinus. 
 T. Genucius Augurinus. 
 Sp. Veturius Crassus Cicurinus. 
 C. Julius Julus. 
 A. Manlius Vulso. 
 Ser. Sulpicius Caraerinus Cornutus. 
 P. Sestius Capitolinus Vaticanus. 
 P. Curiatius Festus Trigeminus. 
 T. Romilius Hocus Vaticanus. 
 Sp. Postumius .41bus Regillensis. 
 
 Decemviri. 
 Ap. Claudius Crassinus Regillensis 
 
 Sabinus II. 
 M. Cornelius Maluginensis. 
 L. Sergius Esquilinus. 
 L. Minucius Esquilinus Augurinus. 
 T. Antonius Mcrenda. 
 Q. Fabius Vibulanus. 
 Q. Poetelius Libo Visolus. 
 K. Duilius Longus. 
 Sp. Oppius Coruicen. 
 M'. Rabuleius. 
 
 L. Valerius Poplicola Potitus. 
 M. Horatius Barbatus. 
 Lar. Herminius Aquilinus (Contini- 
 sanus). 
 
 T. VirginiusTricostusCaeliomontanus. 
 M. Geganius Macerinus. 
 C. Julius Juhis. 
 
 T. Quinctius Capitolinus Barbatus IV. 
 Agrippa Furius MeduUinus Fusus. 
 M. Genucius Augurinus. 
 C. Curtius Pbilo. 
 
 Tribuiii militum cunsulari potestate. 
 A Sempronius Atratinus. 
 T. Cloelius Siculus. 
 L. Atilius. 
 
 Tribuni abdicanod. Consules. 
 L. Papirius Mugillanus. 
 L. Sempronius Atratinus. 
 M. Geganius Macerinus II. 
 T. (Quinctius Capitolinus Barbatus V. 
 
 Cei/sores. Lusir. XI. 
 L. Papirius Mugillanus. 
 L. Sempronius Atratinus. 
 M. Fabius VibiJanus. 
 Postumus Aebutius Elva Coniicen. 
 C. Furius Pacilus Fusus. 
 M'. Papirius Crassus. 
 Proculus Geganius Macerinus. 
 L. Menenius Lanatus. 
 T. Quinctius Capitolinus Barbatus VI, 
 Agrippa Menenius Lanatus. 
 
 Did. sedil. sed. c. 
 L. Quinctius Cincinnatus II. 
 
 May. Eq. 
 C. ServiHus Structus Ahala. 
 
 Trib. Mil. 
 Mam. Aemilius Mamercinus. 
 L. Quinctius Cincinnatus. 
 L. Julius Julus. 
 M. Geganius Macerinus III. 
 L. Sergius (Fidenas). 
 
 436 
 435 
 
 4.30 
 429 
 428 
 427 
 426 
 
 318 
 319 
 
 434 .320 
 
 433 .321 
 
 432 322 
 
 431 .323 
 
 324 
 325 
 326 
 327 
 328 
 
 425 329 
 
 424 330 
 
 423 331 
 
 Diet, re.i ger. c. 
 Mara. Aemilius Mamercinus. 
 
 May. Eij. 
 L. Quinctius Cincinnatus. 
 M. Cornelius Maluginensis. 
 L. Papirius Crassus. 
 C. Julius Julus II. 
 L. Virginius Tricostus. 
 
 Diet, rei yer. c. 
 Q. Servilius Priscus Structus (Fidenas) 
 
 May. Eq. 
 Postumus Aebutius Elva Coniicen. 
 
 Censores. Lmtr.^W. 
 C. Furius Pacilus Fusus. 
 M. Geganius Macerinus. 
 
 Trib. Mil. 
 M. Manlius Capitolinus. 
 Ser. Cornelius Cossus. 
 Q. Sulpicius Praetextatus. 
 
 Trib. Mil. 
 M. Fabius Vibulanus. 
 M. Foslius Flaccinator. 
 L. Sergius Fidenas. 
 
 Diet, rei yer. c. 
 Mam. Aemilius Mamercinus 11. 
 
 May. Eq. 
 A. Postumius Tubertus. 
 
 Trib. Mil. 
 L. Pinarius Mamercinus Rufus. 
 L. Furius MeduUinus Fusus. 
 Sp. Postumius Albus Regillensis. 
 T. Quinctius Pennus Cincinnatus. 
 C. Julius Mento. 
 
 Diet, rei yer. c. 
 Ji.. Postumius Tubertus. 
 
 May. Eq. 
 L. Julius Julus. 
 C. Papirius Crassus. 
 L. Julius Julus. 
 L. Sergius Fidenas II. 
 Hostus Lucretius Tricipitinus. 
 A. Cornelius Cossus. 
 T. Quinctius Pennus Cincinnatus II. 
 C. Servilius Structus Ahala. 
 L. Papirius Mugillanus II. 
 
 Trib. Mil. 
 C. Furius Pacilus Fusus. 
 T. Quinctius Pennus Cincinnatus. 
 M. Postumius Albus Regillensis. 
 A. Cornelius Cossus. 
 
 Did. rei yer. c. 
 Mam. Aemilius Mamercinus III. 
 
 Afay. Eq. 
 A. Cornelius Cossus. 
 
 Trib. Mil. 
 A. Sempronius Atratinus. 
 L. Quinctius Cincinnatus II. 
 L. Furius MeduUinus Fusus II. 
 L. Horatius Barbatus. 
 
 Trib. Mil. 
 Ap. Claudius Crassinus Regillensis. 
 L. Sergius Fidenas II. 
 Sp. Nautius Rutilus. 
 Sex Julius Jidus. 
 
 Censores. Luslr. XIII. 
 L. Julius Julus. 
 L. Papirius Crassus 
 C. Sempronius Atratinus. 
 Q. Fabius Vibulanus. 
 
1072 
 
 FASTI CONSULARES. 
 
 FASTI CONSULARES. 
 
 A. C. 
 
 4-22 
 
 421 
 420 
 
 413 
 412 
 411 
 410 
 409 
 408 
 
 A.U. 
 
 332 
 
 333 
 334 
 
 4 1 9 335 
 
 418 336 
 
 417 337 
 
 41fi 338 
 
 41.5 339 
 
 414 340 
 
 341 
 342 
 343 
 344 
 345 
 34 C 
 
 407 347 
 
 Trih. Mil. 
 L. Manlius Capitolinus. 
 Q. Antonius Mcrenda. 
 L. Papirius Mugillanus. 
 (L. Servilius Structus.) 
 N. Fabius Vibulanus. 
 T. Quinctius Capitolinus Barbatus. 
 
 Trib. Mil. 
 T. Quinctius Pennus Cincinnatus II. 
 L. Furius (Fusus) MediiUinus III. 
 M. Maiilius Vulso. 
 A. Semproiiius Atratinus II. 
 
 Trib. Mil. 
 Agrippa Menenius Lanatus. 
 P. Lucretius Tricipitinus. 
 Sp. Nautius Rutilus. 
 C. Servilius (Structus) Axilla. 
 
 Trib. Mil. 
 M. Papirius Mugillanus. 
 C. Servilius (Structus) Axilla II. 
 L. Sergius Fidenas III. 
 
 Diet, rei ger. c. 
 Q. Servilius Priscus Fidenas II. 
 
 Mag. Eq. 
 C. Servilius (Structus) Axilla. 
 
 Censorcs. Lustr. XIV. 
 L. Papirius Mugillanus. 
 Mam. Aemilius Mamercinus. 
 
 THb. Mil. 
 P. Lucretius Tricipitinus II. 
 Agrippa Menenius Lanatus II. 
 C. Servilius Structus 111. 
 Sp. Veturius Crassus Cicuriuus. 
 
 Trib. Mil. 
 A Sempronius Atratinus III. 
 Q. Fabius Vibulanus. 
 M. Papirius Mugillanus II. 
 Sp. Nautius Rutilus II. 
 
 Trib. Mil. 
 P. Cornelius Cossus. 
 C. Valerius Potitus Volusus. 
 Q. Quinctius Cincinnatus. 
 N. Fabius Vibulanus. 
 
 Trib. MU. 
 Q. Fabius Vibulanus II. 
 P. Postumius Albinus RegUlensis. 
 L. Valerius Potitus. 
 Cn. Cornelius Cossus. 
 A. Cornelius Cossus. 
 L. Furius Medullinus. 
 Q. Fabius Vibulanus Ambustus. 
 C. Furius Pacilus. 
 M. Papirius Mugillanus. 
 C. Nautius Rutilus. 
 M'. Aemilius Mamercinus. 
 C. Valerius Potitus Volusus. 
 Cn. Cornelius Cossus. 
 L. Furius Medullinus II. 
 
 Trib. Mil. 
 C. Julius Julus. 
 P. Cornelius Cossus. 
 C. Servilius (Structus) Ahala. 
 
 Diet, rei ger. c. 
 P. Cornelius RutOus Cossus. 
 
 Mag. Eq. 
 C. Servilius (Structus) Aliala. 
 
 Trib. Mil. 
 C. Valerius Potitus Volusus II. 
 L. Furius Medullinus. 
 C. Servilius (Structus) Ahala II. 
 
 A. c. 
 
 40() 
 
 A.U. 
 
 348 
 
 405 349 
 
 404 350 
 
 403 351 
 
 402 352 
 
 401 353 
 
 400 354 
 
 399 355 
 
 398 356 
 
 397 357 
 
 N. Fabius Vibulanus II. 
 
 Trib. Mil. 
 P. Cornelius Rutilus Cossus. 
 Cn. Cornelius Cossus. 
 L. Valerius Potitus II. 
 N. Fabius Ambustus. 
 
 Trib. Mil. 
 C. Julius Julus II. 
 T. Quinctius Capitolinus Barbatus. 
 Q. Quinctius Cincinnatus (II). 
 M'. Aemilius Mamercinus. 
 L. Furius Medullinus II. 
 A. Manlius Vulso Capitolinus. 
 
 Trib. Mil. 
 P. Cornelius Maluginensis. 
 Cn. Cornelius Cossus II. 
 K. Fabius Ambustus. 
 Sp. Nautius Rutilus III. 
 C. Valerius Potitus Volusus III. 
 M'. Sergius Fidenas. 
 
 Trib. Mil. 
 M'. Aemilius Mamercinus II. 
 Ap. Claudius Crassinus Regillensis. 
 M. Quinctilius Varus. 
 M. Furius Fusus. 
 L. Julius Julus. 
 L. Valerius Potitus III. 
 
 Ccnsores. Lustr. XVI. 
 M. Furius Camillus. 
 M. Postumius Albinus Regillensis. 
 
 Trib. Mil. 
 C. Servilius (Stnictus) Ahala III. 
 Q. Sei-vilius ( Priscus) Fidenas. 
 L. Virginius Tricostus Esquilinus. 
 Q. Sulpicius Camerinus Comutus. 
 A. Manlius Vulso Capitolinus II. 
 M'. Sergius Fidenas II. 
 
 Trib. Mil. 
 M. Furius Camillus. 
 Cn. Cornelius Cossus III. 
 L. Valerius Potitus IV. 
 L. Julius Julus. 
 M'. Aemilius Mamercinus III. 
 K. Fabius Ambustus II. 
 
 Trib. Mil. 
 P. Manlius Vulso. 
 P. Licinius Calvus Esquilinus. 
 L. Titinius Pansa Saccus. 
 P. Maelius Capitolinus. 
 Sp. Furius Medullinus. 
 L. Publilius Philo Vulscus. 
 
 Trib. Mil. 
 Cn. Genucius Augurinus. 
 L. Atilius Priscus. 
 M. Pomponius Rufus. 
 C. Duilius Longus. 
 M. Veturius Crassus Ciciuinus. 
 Voler. Publilius Philo. 
 
 Trib. Mil. 
 L. Valerius Potitus V. 
 M. Valerius Lactucinus Maximus. 
 M. Furius Camillus II. 
 L. Furius Medullinus III. 
 Q. Servilius (Priscus) Fidenas II. 
 Q. Sulpicius Camerinus Cornutus II. 
 
 Trib. Mil. 
 L. Julius Julus II. 
 L. Furius Medullinus IV. 
 A. Postumius Albinus Regillensis. 
 L. Sergius Fidenas. 
 
FASTI CONSULARES. 
 
 FASTI CONSULARES. 107.'{ 
 
 P. Cornelius Malusononsis. 
 • A. Maiilius Viilso Capitolinus III. 
 
 396 358 Trib. Mil. 
 
 L. Titinius Pansa Saccus II. 
 
 P. Liciiiius Calvus Esquilinus II. 
 
 P. Maclius Capitolinus II. 
 
 Q. Manlius Vulso. 
 
 Cn. Genucius Augurinus II. Occ. c. 
 
 h. Atilius Priscus II. 
 Did. ret get: c. 
 
 M. Furius Caniillus. 
 May. Eq. 
 
 P. Cornelius Maluginensis. 
 395 359 Trib. Mil. 
 
 P. Cornelius Maluginensis Cossus. 
 
 P. Cornelius Scipio. 
 
 K. Fabius Ambustus III. 
 
 L. Furius Medullinus V. 
 
 Q. Servilius (Priscus) Fidenas III. 
 
 M. ^^aIcrius Lactucinus Maxiraus II. 
 394 360 Trib. Mil. 
 
 M. Furius Camillus III. 
 
 L. Furius Medullinus VI. 
 
 C. Aemilius Maniercinus. 
 
 L. Valerius Poplicola. 
 
 Sp. Postuniius Albinus Regillensis. 
 
 P. Cornelius II. 
 
 393 361 L. Valerius Potitus. Aid. 
 
 P. ComeliusMaluginensis Cossus. Abd. 
 
 L. Lucretius Flavus (Tricipitinus). 
 Ser. Sulpicius Camcrinus. 
 
 Ccnsorc.s. 
 L. Papirius Cursor. 
 C. Julius Julus. Mort. e. 
 
 M. Cornelius Maluginensis. 
 392 362 L. Valerius Potitus. 
 
 M. Manlius Capitolinus. 
 391 363 Trib. Mil. 
 
 L. Lucretius (Flavus) Tricipitinus. 
 Ser. Sidpicius Canierinus. 
 L. Furius Medullinus VII. 
 L. Aemilius Maniercinus. 
 Agripp. Furius Fusus. 
 C. Aemilius Mamercinus II. 
 390 364 Trib. Mil. 
 
 Q. Sulpicius Longus. 
 
 Q. Servilius (Priscus) Fidenas IV. 
 
 P. Cornelius Maluginensis II. 
 
 Q. Fabius Anibustus. 
 
 K. Fabius Anibustus IV. 
 
 N. Fabius Ambustus II. 
 
 Did. rci ger. c. 
 M. Furius Camillus II. . 
 
 Mag. Eij. 
 L. Valerius Potitus. 
 389 365 Trilj. Mil. 
 
 L. Virginius Tricostus. 
 
 A. Manlius Capitolinus. 
 
 L. Aemilius Maniercinus II. 
 
 L. Postumius Regillensis Albinus. 
 
 L. Valerius Poplicola II. 
 
 P. Cornelius 
 
 Did. rei ger. c. 
 M. Furius Camillus III. 
 
 Mag. Eq. 
 C. Servilius Ahala. 
 388 366 Trib. Mil. 
 
 T. Quinctius Cincinnatus Capitolinus. 
 
 Q. Senilius (Priscus) Fidenas V. 
 L. Julius Julus. 
 
 L. Aquilius Corvus. 
 
 L. Lucretius (Fla^s) Tricipitinus II. 
 
 Ser. Sulpicius Rufus. 
 387 367 Trib. Mil. 
 
 L. Papirius Cursor. 
 
 C. Sergius Fidenas. 
 
 L. Aemilius Mamercinus III. 
 
 L. Meneiiius Laiiatus. 
 
 L. Valerius Poplicola III. 
 
 C. Cornelius 
 
 386 368 Trib. Mil. 
 
 Ser. Cornelius Maluginensis. 
 
 Q. Servilius (Priscus) Fidenas VI. 
 
 M. Furius Camillus IV. 
 
 L. Quinctius Cincinnatus. 
 
 L. Horatius Pulvillus. 
 
 P. Valerius Potitus Poplicola. 
 385 369 Trib. Mil. 
 
 A. Manlius Capitolinus II. 
 
 P. Cornelius II. 
 
 T. Quinctus Capitolinus. 
 
 L. Quinctius Cincinnatus II. 
 4 L. Papirius Cursor II. 
 
 C. Sergius Fidenas II. 
 Did. scdit. sed. c. 
 
 A. Cornelius Cossus. 
 Mag. Eq. 
 
 T. Quinctius Capitolinus. 
 384 370 Trib. Mil. 
 
 Ser. Sulpicius Rufus II. 
 
 C. Papirius Crassus. 
 
 T.Quinctius Cincinnatus Capitolinus II. 
 
 M. Furius Camillus V. 
 
 Ser. Cornelius Maluginensis II. 
 
 P. Valerius Potitus Poplicola II. 
 383 371 Trib. Mil. 
 
 L. Valerius Poplicola IV. 
 A. Manlius Capitolinus III. 
 Ser. Sulpicius Rufus 1 1 1. 
 
 L. Lucretius (Flavus) Tricipitinus III. 
 L. Aemilius Mamercinus IV. 
 M. Trebonius. 
 382 372 Trib. Mil. 
 
 Q. Servilius (Priscus) Fidenas. 
 C. Sulpicius Canierinus. 
 L. Aemilius Mamercinus V. 
 Sp. Papirius Crassus. 
 L. Papirius Crassus. 
 Ser. Cornelius Maluginensis III. 
 381 373 Trib. Mil. 
 
 M. Furius Camillus VI. 
 L. Furius Medullinus. 
 A. Postumius Regillensis Albinus. 
 L. Lucretius (Flavus) Tricipitinus IV. 
 M. Fabius Ambustus. 
 L. Postumius Regillensis Albinus II. 
 380 374 L. Valerius Poplicola V. 
 
 P. Valerius Potitus Poplicola III. 
 C. Sergius Fidenas III. 
 C. Terentius. 
 
 L. Aemilius Mamercinus VI. 
 L. Menenius Lanatus II. 
 Sp. Papirius Cursor. 
 Ser. Cornelius Maluginensis IV. 
 
 Censores. 
 C. Sulpicius Camerinus. Abd. 
 Sp. Postumius Regillensis Albinus. 
 Mori. e. 
 
 3z 
 
1074 
 
 FASTI CONSULARES. 
 
 FASTI CONSULARES. 
 
 A. C. A. U. 
 
 379 37i 
 
 378 376 
 
 377 377 
 
 376 378 
 
 375 
 371 
 
 379 
 383 
 
 370 384 
 
 369 385 
 
 368 386 
 
 } 
 
 367 387 
 
 Did. rei ger. c. 
 T. Quinctius Cincinnatus Capitolinus. 
 
 Mai/. Etj. 
 A. Sempronius Atratinus. 
 
 Trib. Mil. 
 P. Manlius Capitolinus. 
 C. Manlius Capitolinus. 
 L. Julius Julus II. 
 C. Erenucius. 
 M. Albinius. 
 C. Sextilius. 
 L. Antistius. 
 P. Trebonius. 
 
 Trib. Mil. 
 Q. Servilius (Priscus) Fidenas II. 
 Sp. Fiuius MeduUinus. 
 L. Menenius Lanatus III. 
 P. Cloelius Siculus. 
 M. Horatius Pidvillus. 
 L. Geganius Macerinus. 
 
 Censores. 
 Sp. Servilius Priscus. 
 Q. Cloelius Siculus. 
 
 Trib. Mil. 
 L. Aemilius Mamercinus VII. 
 C. Veturius Crassus Cicurinus. 
 Ser. Sulpicius Praetcxtatus. 
 L. Quinctius Cincinnatus III. 
 C. Quinctius Cincinnatus. 
 P. Valerius Potitus Poplicola IV. 
 
 Trib. Mil. 
 L. Menenius Lanatus IV. 
 L. Papirius Crassus II. 
 Ser. Cornelius Maluginensis V. 
 Ser. Sulpicius Praetextatus II. 
 C. Licinius Calvus. 
 " Licinius Scxtiusque, tribuni plebis 
 refecti, nuUos cuniles magistratus 
 creari passi sunt." (Liv. vi. 35.) 
 
 Trib. Mil. 
 L. Furius Medullinus II. 
 A. Manlius Capitolinus IV. 
 C. Valerius Potitus. 
 P. Valerius Potitus Poplicola V. 
 Ser. Sulpicius Praetextatus III. 
 Ser. Cornelius Maluginensis VI. 
 
 Trib. Mil. 
 Q. Servilius (Priscus) Fidenas III. 
 C. Veturius Crassus Cicurinus II. 
 A. Cornelius Cossus. 
 M. Cornelius Maluginensis. 
 Q. Quinctius Cincinnatus. 
 M. Fabius Ambustus II. 
 
 Trib. Mil. 
 T. Quinctius Cincinnatus Capitolinus. 
 Ser. Cornelius Maluginensis VII. 
 Ser. Sulpicius Praetextatus IV. 
 Sp. Servilius Stnictus. 
 L. Papirius Crassus. 
 L. Veturius Crassus Cicurinus. 
 
 Diet, rei <jer. c. 
 M. Furius Camillus IV. 
 
 Ma(j. Eq. 
 L. Aemilius Mamercinus. 
 
 Diet, sedit. sed. et rei ger. c. 
 P. Manlius Capitolinus. 
 
 Mmj. Eq. 
 C. Licinius Cahns. 
 
 Trib. Mil. 
 A. Cornelius Cossus II. 
 
 A. c. A. u. 
 
 366 388 
 
 365 
 364 
 363 
 
 38.0 
 390 
 391 
 
 362 392 
 
 361 393 
 
 360 394 
 
 359 
 358 
 
 357 
 
 356 
 
 355 
 354 
 
 395 
 396 
 
 397 
 
 398 
 
 399 
 400 
 
 353 401 
 
 M. Cornelius Maluginensis II. 
 M. Geganius Macerinus. 
 L. Veturius Crassus Cicurinus II. 
 P. Valerius Potitus Poplicola VI. 
 P. Manlius Capitolinus II. 
 
 Diet, rei ger. c. 
 M. Furius Camillus V. 
 
 Mag. Eq. 
 T. Quinctius Cincinnatus Capitolinus. 
 L. Aemilius Mamercinus. 
 L. Sextius Sextinus Lateranus 
 
 Censores. 
 A. Postumius Regillensis Albinus. 
 C. Sulpicius Peticus. 
 L. Genucius Aventinensis. 
 Q. Servilius Ahala. 
 C. Sulpicius Peticus. 
 C. Licinius Calvus Stolo. 
 Cn. Genucius Aventinensis. 
 L. Aemilius Mamercinus II. 
 
 Dili, clavi fig. c. 
 L. Manlius Capitolinus Imperiosus. 
 
 Mag. Eq. 
 L. Pinarius Natta. 
 
 Censores. Lustr. XX. 
 M. Fabius Ambustus. 
 L. Furius Medullinus. 
 Q. Servilius Ahala II. 
 L. Genucius Aventinensis II. 
 
 Diet, rei ger c. 
 Ap. Claudius Crassinus Regillensis. 
 
 Mag. Eq. 
 P. Cornelius Scapula. 
 C. Sulpicius Peticus II. 
 C. Licinius Cahnis Stolo II. 
 
 Diet, rei ger, c. 
 T. Quinctius Pennus Capitolinus Cris- 
 
 pinus. 
 
 Mag. Eq. 
 Ser. Cornelius Maluginensis. 
 C. Poetclius Libo Visolus. 
 M. Fabius Ambustus. 
 
 Diet, rei ger. c. 
 Q. Servilius Ahala. 
 
 Mag. Eq. 
 T. Quinctius Pennus Capitolinus Cris- 
 
 pinus. 
 M. Popilius Laenas. 
 Cn. Manlius Capitolinus Imperiosus. 
 C. Fabius Ambustus. 
 C. Plautius Proculus. 
 
 Diet, rei ger. c. 
 C. Sulpicius Peticus. 
 
 Mag. Eq. 
 M. Valerius Poplicola. 
 C. Marcius Rutilus. 
 Cn. Manlius Capitolinus Imperiosus II. 
 M. Fabius Ambustus II. 
 M. Popilius Laenas II. 
 
 Diet, rei ger. e. 
 C. Marcius Rutilus. 
 
 Mag. Eq. 
 C. Plautius Proculus. 
 C. Sulpicius Peticus III. 
 M. Valerius Poplicola. 
 M. Fabius Ambustus III. 
 T. Quinctius Pennus Capitolinus Cris- 
 
 pinus. 
 
 C. Sidpicius Peticus IV. 
 M. Valerius Poplicola II. 
 
FASTI CONSULARES. 
 
 FASTI CONSULARES. 1075 
 
 352 402 
 
 351 403 
 
 350 404 
 
 349 405 
 
 348 406 
 
 347 407 
 346 408 
 345 409 
 
 344 410 
 
 343 411 
 
 342 412 
 
 341 413 
 340 414 
 
 Diet, rei ger. c. 
 T. Manlius Imperiosus Torqiiatus. 
 Mag. 
 
 A. Cornelius Cossus Arvina. 
 P. Valerius Poplicniu. 
 C. Marcius Rutilus II. 
 
 Diet, rei ger. c. 
 C. Julius Julus. 
 
 Mag. E(j. 
 L. Aemilius Mamercinus. 
 C. Sulpicius Peticus V. 
 T. Quinetius Pennus Capitolinus Cris- 
 
 pimis II. 
 
 Diet, eomit. hahend. c. 
 M. Fabius Ambustus. 
 
 Mag. Eq. 
 Q. Servilius Ahala. 
 
 Censores. 
 
 Cn. Manlius Capitolinus Imperiosus. 
 C. Marcius Rutilus. 
 M. Popilius Laenas III. 
 L. Cornelius Scipio. 
 
 Diet, eomit. halxnd. c. 
 L. Furius Camillus. 
 
 Mag. Eq. 
 P. Cornelius Scipio. 
 L. Furius Camillus. 
 Ap. Claudius Crassinus Regillensis. 
 
 Mori. e. 
 
 Did. eomit. liahrml. e. 
 T. Manlius Imperiosus Torquatus II. 
 
 Mag. Eq. 
 A. Conielius Cossus Arvina II. 
 M. Valerius Corvus. 
 M. Popilius Laenas IV. 
 
 Diet, eomit. hahend. c. 
 C. Claudius Crassinus Regillensis. . 
 
 Mag. Eq. ■< • 
 
 C. Livius Denter. 
 T. Manlius Imperiosus Torquatus. 
 C. Plautius Vcnno Hypsaeus. 
 M. Valerius Corvus II. 
 C. Poetelius Libo Visolus. 
 M. Fabius Dorso. 
 Ser. Sulpicius Camerinus Rufus. 
 
 Diet, rei ger. e. 
 L. Furius CamOlus II. 
 
 Mag. Eq. 
 Cn. Manlius Capitolinus Imperiosus. 
 C. Marcius Rutilus III. 
 T. Manlius Imperiosus Torquatus II. 
 
 Diet, feriar. Latin, e. 
 P. Valerius Popbcola. 
 
 Mag. Eq. 
 Q. Fabius Ambustus. 
 
 Bellum Samniticum. 
 M. Valerius Corvus III. 
 A. Cornelius Cossus Arvina. 
 C. Marcius Rutilus IV. 
 Q. Servilius Ahala. 
 
 Diet, rei ger. c. 
 M. Valerius Coitus. 
 
 Mag. Eq. 
 L. Aemilius Mamercinus Privernas. 
 C. Plautius Venno Hj^saeus II. 
 L. Aemilius Mamercinus Privenias. 
 T. Manlius Imperiosus Torquatus III. 
 P. Decius Mus. 
 
 339 415 
 
 338 
 337 
 
 336 
 335 
 
 333 
 332 
 
 330 
 329 
 328 
 327 
 
 326 
 325 
 
 416 
 417 
 
 418 
 419 
 
 334 420 
 
 421 
 422 
 
 331 423 
 
 424 
 425 
 426 
 427 
 
 428 
 429 
 
 Diet, rei ger. e. 
 L. Papirius Crassus. 
 
 Mag. Eq. 
 L. Papirius Cursor. 
 Ti. Aemilius Mamercinus. 
 Q. Publilius Pliilo. 
 
 Diet, rei ger. c. 
 Q. PubUlius Philo. 
 
 Mag. Eq. 
 D. Junius Brutus Scaeva. 
 L. Furius CamUlus. 
 C. Maenius. 
 C. Sulpicius Longus. 
 P. Aelius Paetus. 
 
 Diet, rei ger, c. 
 C. Claudius Crassinus Regillensis. 
 
 Mag. Eq. 
 C. Claudius Hortator. 
 L. Papirius Crassus. 
 K. Duilius. 
 
 M. Valerius Corvus (Calenus) IV. 
 M. Atilius Regulus. 
 
 Diet, eomit. hahend. c. 
 h. Aemilius Mamercinus Privernas. 
 
 Mag. Eq. 
 Q. Publilius Pliilo. 
 T. Veturius Calvinus. 
 Sp. Postiunius Albinus (Caudinus). 
 
 Diet, rei ger. c. 
 P. Cornelius Rufinus. 
 
 Mag. Eq. 
 M. Antonius. 
 (L. Papirius Cursor. 
 C. Poetelius Libo Visolus II.) 
 A. Cornelius Cossus Arvina II. 
 Cn. Domitius Calvinus. 
 
 Diet, rei ger. e. 
 M. Papirius Crassus. 
 
 Mag. Eq. 
 P. Valerius Poplicola. 
 
 Censores. Lustr. XXIII. 
 Q. Publilius Philo. 
 Sp. Postmnius Albinus. 
 M. Claudius Marcellus. 
 C. Valerius Potitus Flaccus. 
 
 Diet, elavi. figendi c. 
 Cn. Quinctilius Varus. 
 
 Mag. Eq. 
 L. Valerius Potitus. 
 L. Papirius Crassus II. 
 L. Plautius Venno. 
 L. Aemilius Mamercinus Privernas II. 
 C. Plautius Decianus. 
 C. Plautius Decianus (Venox) II. 
 P. Cornelius Scipio Barbatus. 
 L. Cornelius Lentulus. 
 Q. Publilius Philo II. 
 
 Diet, eomit. hahend. c. 
 M. Claudius Marcellus. 
 
 Mag. Ej. 
 Sp. Postumius Albinus. 
 
 C. Poetelius Libo Visolus III. 
 
 L. Papirius Mugillanus (Cursor II). 
 L. Furius Camillus II. 
 
 D. Junius Brutus Scaeva. 
 Di^t. rei ger. c. 
 
 L. Papirius Cursor. 
 
 Mag. Ecj. 
 Q. Fabius Maximus RuUianus. Ahd. 
 
1076 FASTI CONSULARES. 
 
 FASTI CONSULARES. 
 
 A. C. A. U. 
 
 324 430 
 
 323 431 
 
 322 432 
 
 321 433 
 
 320 434 
 
 319 435 
 
 318 436 
 
 317 437 
 
 316 438 
 
 315 439 
 
 314 440 
 
 313 441 
 
 L. Papirius Crassus. 
 
 Dictator et Magister Equitum sine 
 
 coiisulibus magistratum continu- 
 
 arant. 
 
 C. Sulpicius Loiigus II. 
 
 Q. Aiilius Ccrretanus. 
 
 Q. Fabius Maximus RuUianus. 
 
 L. Fulvius Curvus. 
 
 Did. ludor. Ruman. c. 
 A. Cornelius Cossus Arvina. 
 
 Mag. Eq. 
 M. Fabius Ambiistus. 
 T. Veturius Calvinus II. 
 Sp. Postumius Albinus II. 
 
 Did. comU. liahend. c, 
 Q. Fabius Ambustus. 
 
 Mag. Eq. 
 P. Aelius Paetus. 
 
 Did. comit. Iiabeitd. c. 
 M. Aemiliiis Papus. 
 
 Mag. Eq. 
 L. Valerius Flaccus. 
 Q. Publilius Philo III. 
 L. Papirius Cursor II. (HI.) 
 
 Did c. 
 
 C. Maenius. 
 
 Mag. Eq. 
 M. Foslius Flaccinator. 
 
 Did. rei yer. c. 
 L. Cornelius Lentulus. 
 
 Mag. Eq. 
 L. Papirius Cursor II. 
 
 Did. rei gcr. c. 
 T. Manlius Imperiosus Torquatus. 
 
 Mag. Eq. 
 L. Papirius Crassus. 
 L. Papirius Cursor III. (Mugillanus.) 
 Q. Aidius Cerretanus II. 
 
 Coisores. 
 
 C. Sulpicius Longus. Abd. 
 M. Foslius Flaccinator. 
 L. Plautius Venno. 
 
 Censores. Ludr. XXV. 
 L. Papirius Crassus. 
 C. Maenius. 
 
 C. Junius Bubulcus Brutus. 
 Q. Aeniilius Barbula. 
 Sp. Nautius Rutilus. 
 M. Popilius Laenas. 
 
 Did. rei ger. c. 
 L. Aemilius Mamercinus Privemas II. 
 
 Mag. Eq. 
 L. Fulvius Curvus. 
 Q. Publilius Philo IV. 
 L. Papirius Cursor IV. 
 
 Did. rei ger. c. 
 Q. Fabius Maximus Rullianus. 
 
 Mag. Eq. 
 Q. Aulius Cerretanus. Occis. e. 
 
 C. Fabius Ambustus. 
 
 M. Poetelius Libo. 
 
 C. Sulpicius Longus III. 
 
 Did. rei ger. c. 
 C. Maenius II. 
 
 Mag. Eq. 
 M. Foslius Flaccinator II. 
 L. Papirius Cursor V. 
 C. Junius Bubulcus Brutus II. 
 
 Did. rei ger. c. 
 C. Poetelius Libo Visolus. 
 
 Mug. Eq, 
 M. Poetelius Libo. 
 312 442 M. Valerius Maximus. 
 P. Decius Mus. 
 
 Did. rei ger. c. 
 C. Sulpicius Longus. 
 
 Mag. Eq. 
 C. Junius Bubulcus Brutus. 
 
 Censores. Lusir. XXVI. 
 Ap. Claudius Caecus. 
 C- Plautius (Vcnox). 
 311 443 C. .Junius Bubulcus Bnitus in. 
 
 Q. Aemilius Barbula II. 
 310 444 Q. Fabius Maximus Rullianus II. 
 
 C. Marcius Rutilus (Censorinus). 
 309 445 Did. rei ger. c. 
 
 L. Papirius Cursor II. 
 
 Mag. Eq. 
 C. Junius Bubulcus Brutus II. 
 (Hoc anno Diet. etMag. Eq. sinecoss.) 
 308 446 Q. Fabius Maximus RuUianus III. 
 
 P. Decius Mus 11. 
 307 447 Ap. Claudius Caecus. 
 
 L. Volumnius Flamma Violens. 
 
 Censores. Lustr. XXVII. 
 M. Valerius Maximus. 
 C. Junius Bubulcus Brutus. 
 306 448 P. Cornelius Arvina. 
 
 Q. Marcius Tremulus. 
 
 Did. eomit. liahend. c. 
 P. Cornelius Scipio Barbatus. 
 
 Mag. Eq. 
 P. Decius Mus. 
 305 449 L. Postumius Megellus. 
 
 Ti. Minucius Augurinus. Ocds. e. 
 
 M. Fulvius Curvus Paetinus. 
 304 450 P. Sulpicius Saverrio. 
 
 P. Sempronius Sophiis. 
 
 Censores. Ludr. XXVlll. 
 Q. Fabius Maximus Rullianus. 
 P. Decius Mus. 
 303 451 L. Genucius Avcntinensis. 
 
 Ser. Cornelius Lentulus (Rufinus). 
 302 452 M. LiviusDenter. 
 
 M. Aemilius Paullus. 
 
 Diet, rei ger. c. 
 C. Junius Bubulcus Bnitus. 
 
 Mag. Eq. 
 M. Titinius. 
 301 453 Did. rei ger. c. 
 
 Q. Fabius Maximus Rullianus II. 
 
 Mag. Eq. 
 M. Aemilius Paullus. 
 
 Diet, rei ger. c. 
 M. Valerius Corvus II. 
 
 Mag. Eq. 
 C. Sempronius Sophus. 
 (Hoc anno Diet, et Mag. Eq. sine coss.) 
 300 454 M. Valerius Corvus V. 
 
 Q. Appuleius Pansa. 
 299 455 M. Fulvius Paetinus. 
 
 T. Manlius Torquatus. Mart. e. 
 
 M. Valerius Corvus VI. 
 
 Censores. Lastr. XXIX. 
 P. Sempronius Soplnis. 
 P. Sulpicius Saverrio. 
 
FASTI COxNSULARES. 
 
 FASTI CONSUL ARES. 1077 
 
 •298 45G L. Cornelius Scipio. 
 
 Cn. Fulvius Maximus Centumalus. 
 •297 457 Q. Fabius Maximus Rullianus IV. 
 
 P. Decius Mus IV. 
 '296 458 L. Volumnius Flamma Violens II. 
 
 Ap. Claudius Caecus II. 
 295 459 Q. Fabius Maximus Rullianus V. 
 
 P. Decius Mus IV. 
 294 460 L. Postumius Megellus II. 
 
 M. Atilius Regulus. 
 
 Cc/isorcn. Liislr. XXX. 
 
 P. Cornelius Arvina. 
 
 C. Marcius Rutilus (Censorinus). 
 293 4G1 L. Papii-ius Cursor. 
 
 Sp. Carvilius Maximus. 
 292 4G"2 Q. Fabius Maximus Gurges. 
 
 U. Junius Brutus Scaova. 
 291 403 L. Postumius Megellus III. 
 
 C. Junius Brutus Bubulcus. 
 290 464 P. Coniclius Rufinus. 
 
 M'. Curius Dentatus. 
 289 465 M. Valerius Maximus Corvinus. 
 
 Q. Caedicius Noctua. 
 
 Ceiisorcs. Lusir. XXXI. 
 
 288 466 Q. Marcius Tremulus II. 
 
 P. Cornelius Arvina II. 
 287 467 M. Claudius Marcellus. 
 
 C. Nautius Rutilus. 
 286 468 M. Valerius Maximus Potitus. 
 C. Aelius Paetus. 
 
 Did. sedit. sed. c. 
 Q. Hortensius. 
 Maij. Eq. 
 
 285 469 C. Claudius Canina. 
 
 M. Aemilius Lepidus. 
 284 470 C. Servilius Tucca. 
 
 L. Caecilius Metellus Dentcr. 
 283 471 P. Cornelius Dolabella Maximus. 
 
 Cn. Domitius Calvinus Maximus. 
 Ccnsores, 
 
 Q. Caedicius Noctua. Ahd. 
 282 472 C. Fabricius Luscinus. 
 
 Q. Aemilius Papus. 
 281 473 L. Aemilius Barbula. 
 
 Q. Marcius Pliilippus. 
 280 474 P. Valerius Laevinus. 
 
 Ti. Coruncanius. 
 
 Did. com it. habend. c. 
 
 Cn. Domitius C;ilvinus Maximus. 
 Maff. Eq. 
 
 Censores. Lustr. XXXII. 
 
 Cn. Domitius Calvinus Maximus. 
 279 475 P. Sulpicius Savenio. 
 
 P. Decius Mus. Occis. e. 
 278 476 C. Fabricius Luscinus II. 
 
 Q. Aemilius Papus II. 
 277 477 P. ConieUus Rufinus II. 
 
 C. Jmiius Brutus Bubulcus II. 
 276 478 Q. Fabius Maximus Gurges II. 
 
 C. Genucius Clepsina. 
 Did c. 
 
 P. Cornelius Rufinus. 
 May. Eq. 
 
 A. c. A. u. 
 
 275 479 M'. Curius Dentatus II. 
 
 L. Cornelius Lentulus. 
 
 Censores. Lustr. XXXI II. 
 
 C. Fabricius Luscinus. 
 
 Q. Aemilius Papus. 
 274 480 M'. Curius Dentatus III. 
 
 Ser. Cornelius Mercnda. 
 273 481 C. Claudius Canina II. 
 
 C. Fabius Dorso Licinus. ISIort. e. 
 
 C. Fabricius Luscinus III. 
 272 482 L. Papirius Cursor II. 
 
 Sp. Carvilius Maximus II. 
 Censores. Lustr. XXXIV. 
 
 M'. Curius Dentatus. 
 
 L. Papirius Cursor. 
 271 483 C. Quinctius Claudus. 
 
 L. Genucius Clepsina. 
 270 484 C. Genucius Clepsina II. 
 
 Cn. Cornelius Blasio. 
 269 485 Q. Ogulnius GaUus. 
 
 C. Fabius Pictor. 
 
 268 486 Ap. Claudius Crassus Rufus. 
 
 P. Sempronius Sophus. 
 267 487 M. Atilius Regulus. 
 
 L. Julius Libo. 
 266 488 N. Fabius Pictor. 
 
 D. Junius Pera. 
 
 265 489 Q. Fabius Maximus Gurges III. 
 L. Mamilius Vitulus. 
 
 Censores. Lustr. XXXV. 
 Cn. Cornelius Blasio. 
 C. Marcius Rutilus II. (Censorinus.) 
 
 Bellum Punicum I. 
 264 490 Ap. Claudius Caudex. 
 
 M. Fulvius Flaccus. 
 263 491 M'. Valerius Maximus (Messala). 
 
 M'. Otacibus Crassus. 
 Diet, davi fig. c. 
 
 Cn. Fulvius Maximus Centumalus. 
 May. Eq. 
 
 Q. jNIiircius Philippus. 
 262 492 L. Postumius (Megellus). 
 
 Q. Mamilius Vitulus. 
 261 493 L. Valerius Flaccus. 
 
 T. Otacilius Crassus. 
 260 494 Cn. Cornelius Scipio Asina. 
 
 C. Duilius. 
 259 495 L. Cornelius Scipio. 
 
 C. Aquilius Floras. 
 258 496 A. Atilius Calatinus. 
 
 C. Sulpicius Paterculus. 
 
 Censores. Lustr. XXXVI. 
 
 C. Duilius. 
 
 L. Cornelius Scipio. 
 257 497 C. AtiUus Regulus (Serranus). 
 
 Cn. Cornelius Blasio II. 
 Did. Latin, fer. c. 
 
 Q. Ogulniius Gallus. 
 May. Eq. 
 
 M. Laetorius Plancianus. 
 256 498 L. Manlius Vulso Longus. 
 
 Q. Caedicius. Mart. e. 
 
 M. Atilius Regulus II. 
 255 499 Ser. Fidvius Paetinus Nobilior. 
 
 M. Aemilius PauUus. 
 254 500 Cn. Conielius Scipio Asiiui i I . 
 
 A. Atilius Calatinus II. 
 
1078 
 
 FASTI CONSULARES. 
 
 FASTI CONSULARES. 
 
 A. C. 
 
 253 
 
 A. U. 
 
 501 
 
 Cn. Servilius Caepio. 
 
 C. Scmpronius Blaesus. 
 Censores. 
 
 D. Junius Pera. Aid. 
 
 L. Postumius Megellus. Mori. e. 
 252 602 C. Aurelius Cotta. 
 
 P. Ser\'ilius Geminus. 
 
 Censores. Lastr. XXXVII. 
 
 M'. Valerius Maximus Messala. 
 
 P. Sempronius Sophus. 
 251 503 L. Caecilius MeteUus. 
 
 C. Furius Pacihis. 
 250 504 C. Atilius Regulus (Serranus) II. 
 
 L. Manlius Vulso (Longus) II. 
 249 505 P. Claudius Piilcher. 
 
 L. Junius Pullus. 
 Diet, reigcr. c. 
 
 M. Claudius Glicia. Ahd. 
 
 A. Atilius Calatinus. 
 Mouj. Eq. 
 
 L. Caecilius Metellus. 
 248 506 C. Aurelius Cotta II. 
 
 P. Servilius Geminus II. 
 247 507 L. Caecilius Metellus II. 
 
 N. Fabius Buteo. 
 
 Cemores. Liistr. XXXVIII. 
 
 A. Atilius Calatinus. 
 
 A. Manlius Torquatus Atticus. 
 246 508 M'. Otacilius Crassus II. 
 
 M. Fabius Licinus. 
 Did. comit. Iiab. c. 
 
 Ti. Comncanius. 
 Mm/. Eq. 
 
 M. Fulvius Flaccus. 
 245 509 M. Fabius Buteo. 
 
 C. Atilius Bulbus. 
 244 510 A. Manlius Torquatus Atticus. 
 
 C. Sempronius Blaesus II. 
 243 511 C. Fundanius Fundulus. 
 
 C. Sulpicius Gallus. 
 242 512 C. Lutatius Catulus. 
 
 A. Postumius Albinus. 
 241 513 A. Manlius Torquatus Atticus II. 
 
 Q. Lutatius Cerco. 
 
 Censores. Lustr. XXXIX. 
 
 C. Aurelius Cotta. 
 
 M. Fabius Buteo. 
 240 514 C. Claudius Centho. 
 
 M. Sempronius Tuditanus. 
 239 515 C. Mamiluis Turrinus. 
 
 Q. Valerius Falto. 
 238 516 Ti. Sempronius Gracchus. 
 
 P. Valerius Falto. 
 237 517 L. Cornelius Lentulus Caudinus. 
 
 Q. Fulvius Flaccus. 
 236 518 P. Cornelius Lentulus Caudinus. 
 
 C. Licinius Varus. 
 Censores. 
 
 L. Cornelius Lentulus Caudinus. 
 
 Q. Lutatius Cerco. Mori. e. 
 235 519 T. Manlius Torquatus. 
 
 C. Atilius Bulbus II. 
 234 520 L. Postumius Albinus. 
 
 Sp. Carvilius Maximus. 
 Censores. Lustr. XL. 
 
 C. Atilius Bidbus. 
 
 A. Postumius Albinus. 
 233 521 Q. Fabius Maximus Verrucosus. 
 
 M'. Pomponius Matho. 
 
 A. c. 
 
 232 
 
 A. U. 
 
 522 
 
 M. Aemilius Lepidus. 
 M. Publicius Malleolus. 
 231 523 M'. Pomponius Matho. 
 C. Papirius Maso. 
 
 Dkt. comit. hah. c, 
 C. Duilius. 
 
 Mm/. Eq. 
 C. Aiu-elius Cotta. 
 
 Censores. 
 T. Manlius Torquatus. Ahd. 
 Q. Fulvius Flaccus. Ahd. 
 230 524 M. Aemilius Barbula. 
 M. Junius Pera. 
 
 Censores. Lustr. XL I. 
 Q. Fabius Maximus Verrucosus. 
 M. Sempronius Tuditanus. 
 229 525 L. Postumius Albinus II. 
 
 Cn. Fuh-ius Centumalus. 
 228 526 Sp. Carvilius Maximus II. 
 
 Q. Fabius Maximus Verrucosus II. 
 227 527 P. Valerius Flaccus. 
 
 M. Atilius Regulus. 
 226 528 M. Valerius Messala. 
 
 L. Apustius FuUo. 
 
 Bellum Gallicum Cisalpinum. 
 225 529 L. Aemilius Papus. 
 
 C. AtUius Regulus. 
 
 Censores. Lustr. XLII. 
 C. Claudius Centho. 
 M. Junius Pera. 
 224 530 T. ManUus Torquatus II. 
 
 Q. Fulvius Flaccus II. 
 
 Diet, comit. Iiah. c. 
 L. Caecilius MeteUus. 
 
 Maff. Eq. 
 N. Fabius Buteo. 
 223 531 C. Flaminius. 
 
 P. Furius Philus. 
 222 532 Cn. Cornelius Scipio Calvus. 
 
 M. Claudius MarccUus. 
 221 533 P. Cornelius Scipio Asina. 
 M. Minucius Rufus. 
 
 Diet, comit. liah. c. 
 Q. Fabius Maximus Verrucosus. 
 
 Mag. Eq. 
 C. Flaminius. 
 220 534 L. Veturius Philo. 
 
 C. Lutatius Catulus. 
 
 Censores. Lustr. XLII I. 
 L. Aemilius Papus. 
 C. Flaminius. 
 219 535 M. Livius Salinator. 
 
 L. Aemilius PauUus. 
 
 Bellum Punicum II. 
 218 536 P. Cornelius Scipio. 
 
 Ti. Sempronius Longus. 
 217 537 Cn. Servilius Geminus 
 
 C. Flaminius II. Occis.e. 
 
 M. Atilius Regulus II. 
 
 Diet. interreg7ii c. 
 Q. Fabius Maximus Verrucosus II. 
 
 Mag. Eq. 
 M. Minucius Rufus. 
 
 Diet. ( omif. Iwb. c. 
 L. Veturius Philo. 
 
 Mag. Eq. 
 M. Pomponius Matho. 
 
FASTI CONSULARES. 
 
 FASTI CONSULARES. 1079 
 
 A. C. A. V. 
 
 216 538 
 
 215 539 
 
 214 540 
 
 213 541 
 
 212 
 211 
 210 
 
 542 
 543 
 544 
 
 209 545 
 
 208 546 
 
 207 547 
 
 206 
 205 
 
 548 
 549 
 
 204 55U 
 
 203 551 
 
 C. Tcrentius Varro. 
 L. Aemilius PauUus II. 
 
 Dili, rei yerund. c, 
 M. Junius Pera. 
 
 Ma;/. Eq. 
 Ti. Sempronius Gracchus. 
 
 Did. nine. May. Eq. Seiiat. kg. c. 
 M. Fabius Buteo. 
 Ti. Sempronius Gracchus. 
 L. Postumius Albinus III. Occis.e. 
 
 M. Claudius Marcellus II. Abd. 
 
 Q. Fabius Maximus Verrucosus III 
 Q. Fabius Maximus Vemicosus IV. 
 M. Claudius MarccUus III. 
 
 Vci/siires. 
 M. Atilius Regulus. AM. 
 P. Furius Philus. MoH. e. 
 Q. Fabius Maximus. 
 Ti. Sempronius Gracchus II. 
 
 Did. comit. hab. c. 
 C. Claudius Centlio. 
 
 May. Eq. 
 Q. Fulvius Flaccus. 
 Q. Fulvius Flaccus III. 
 Ap. Claudius Pulcher. 
 Cn. Fulvius Centumalus. 
 P. Sulpicius Galba Maximus. 
 M. Claudius Marcclhis IV. 
 M. Valerius Laevinus. 
 
 Did. comit. hub. c. 
 Q. Fulvius Flaccus. 
 
 Mm). Eq. 
 P. Licinius Crassus Dives. 
 
 Censorcs. 
 L. Veturius Philo. Mort. e. 
 P. Licinius Crassus Dives. Abd. 
 Q. Fulvius Flaccus IV. 
 Q. Fabius Maximus Verrucosus V. 
 
 Censorcs. Lusir. XLIV. 
 M. Cornelius Cethcgus. 
 P. Sempronius Tuditanus. 
 M. Claudius Marccllus V. Occis. e. 
 T. Quinclius (Pennus Capitolinus) 
 Crispinus. Mort. e. 
 Did. CJimit. hub. d Indor. mayn. c. 
 T. Manlius Torquatus. 
 
 Mag.Eq. 
 C. Servilius. 
 C. Claudius Nero. 
 M. Livius Salinator II. 
 
 Did. comit. hal>. canssa. 
 M. Livius Salinator. 
 
 May. Eq. 
 Q. Caccilius Metcllus. 
 L. Veturius Philo. 
 Q. Caecilius Metellus. 
 P. Cornelius Scipio (Africanus). 
 P. Licinius Crassus Dives. 
 
 Diet, comit. habeml. c. 
 Q. Caecilius Metellus. 
 
 May. Eq. 
 L. Veturius Philo. 
 M. Cornelius Cethegus. 
 P. Sempronius Tuditanus. 
 
 Ce?isores. Litstr. XLV. 
 M. Livius Salinator. 
 C. Claudius Nero. 
 Cn. Servilius Cacpio. 
 
 A. c. .K. V. 
 
 202 552 
 
 201 553 
 
 C. Servilius. 
 
 Did. comit. hab. c. 
 P. Sulpicius Galba Maximus. 
 
 May. Eq. 
 M. Servilius Pulex Ocminus. 
 M. Servilius Pulex Geminus. 
 Ti. Claudius Nero. 
 
 Diet, comit. hab. c. 
 C. Servilius. 
 
 ][Iay. Eq. 
 P. Aelius Paetus. 
 Cn. Cornelius Lentulus. 
 P. Aelius Paetus. 
 
 Bellum Philippicum. 
 200 554 P. Sulpicius Galba Maximus II. 
 
 C. Aurelius Cotta. 
 199 555 L. Cornelius Lentulus. 
 
 P. Villius Tappulus. 
 
 Censorcs. Ltistr. XLVI. 
 
 P. Cornelius Scipio Africanus. 
 
 P. Aelius Paetus. 
 198 556 Sex. Aelius Paetus Catus. 
 
 T. Quinctius Flamininus. 
 197 557 C. Cornelius Cethegus. 
 
 Q. Minucius Rufus. 
 196 558 L. Furius Purpm'eo. 
 
 M. Claudius Marcellus. 
 195 559 L. Valerius Flaccus. 
 
 M. Porcius Cato. 
 194 560 P. Cornelius Scipio Afiicanus II. 
 
 Ti. Sempronius Longus. 
 
 Censorcs. Lustr. XXXVII. 
 
 Sex. Aelius Paetus Catus. 
 
 C. Cornelius Cethegus. 
 193 561 L. Cornelius Merula. 
 
 Q. Minucius Thermus. 
 192 562 L. Quinctius Flamininus. 
 
 Cn. Domitius Ahenobiirbus. 
 
 Bellum Antiochinum. 
 191 563 P. Cornelius Scipio Nasica. 
 
 M'. Acilius Glabrio. 
 190 564 L. Cornelius Scipio (Asiaticus). 
 
 C. Laelius. 
 189 565 M. Fulvius Nobilior. 
 
 Cn. Manlius Vulso. 
 
 Censorcs. Lustr. XLV III. 
 
 T. Quinctius Flamininus. 
 
 M. Claudius Marcellus. 
 1 88 566 M. Valerius ISIessala. 
 
 C. Livius Salinator. 
 187 567 M. Aemilius Lepidus. 
 
 C. Flaminius. 
 186 568 Sp. Postumius Albinus. 
 
 Q. Marcius Philippus. 
 185 569 Ap. Claudius Pulcher. 
 
 M. Sempronius Tuditanus. 
 184 570 P. Claudius Pulcher. 
 
 L. Porcius Licinus. 
 
 Censorcs. Lustr. XLVIII. 
 
 L. Valerius Flaccus. 
 
 M. Porcius Cato. 
 183 571 M. Claudius Marcellus. 
 
 Q. Fabius Labeo. 
 1 82 572 Cn. Baebius Tamphilus. 
 
 L. Aemilius PauUus. 
 181 573 P. Cornelius Cethegus. 
 
 M. Baebius Tam])hilus. 
 180 574 A. Postmuius Albinus. 
 
1080 FASTI CONSULARES. 
 
 FASTI CONSULARES. 
 
 C. Calpumius Piso. Mort. e. 
 
 Q. Fulvius Flaceus. 
 1 79 575 L. Manlius Acidinus Fulvianus. 
 
 Q. Fulvius Flaceus. 
 Censorcs. Lustr. L. 
 
 L. Aemilius Lepidus. 
 
 M. Fulvius Nobilior. 
 178 576 M. Junius Brutus. 
 
 A. Manlius Vulso. 
 177 577 C. Claudius Pulcher. 
 
 Ti. Sempronius Gracchus. 
 176 578 Q. PetiUius Spurinus. Occis. e. 
 
 Cn. Cornel. Scipio Hispallus. Mort. e. 
 
 C. Valerius Laevinus. 
 175 579 P. Mucins Scaevola. 
 
 M. Aemilius Lepidus II. 
 174 580 Sp. Postumius Albinus Paidlulus. 
 
 Q. Mucins Scaevola. 
 Censorcs. Lustr. LI. 
 
 Q. Fulvius Flaceus. 
 
 A. Postumius Albinus. 
 173 581 L. Postumius Albinus. 
 
 M. PopiUius Laenas. 
 172 582 C. PopiUius Laenas. 
 
 P. Aelius Ligus. 
 
 Bbllum Persicum. 
 171 583 P. Licinius Crassus. 
 
 C. Cassius Longinus. 
 170 584 A. llostilius Maneinus. 
 
 A. Atilius Scrranus. 
 169 585 Marcius Pbilippus II. 
 
 Cn. Servilius Cacpio. 
 Censorcs. Lustr. LII, 
 
 C. Claudius Pulcher. 
 
 Ti. Sempronius Gracchus. 
 1()8 586 L. Aemilius Paullus II. 
 
 C. Licinius Crassus. 
 167 587 Q. Aelius Pactus. 
 
 M. Junius Pennus. 
 166 588 M. Claudius Marcellus. 
 
 C. Sulpicius Gallus. 
 165 589 T. Manlius Torquatus. 
 
 Cn. Octavius. 
 164 590 A. Manlius Torquatus. 
 
 Q. Cassius Longinus. Mort. e. 
 Censorcs. Lustr. LIII. 
 
 L. Aemilius I'auUus. 
 
 Q. Marcius Pliilippus. 
 163 591 Ti. Sempronius Gracchus II. 
 
 M'. Juventius Tlialna. 
 162 592 P. Cornelius Scipio Nasica. Abd. 
 
 C. Marcius Figulus. Abd. 
 
 P. Cornelius Lentulus. 
 
 Cn. Domitius Ahenobarbus. 
 161 593 'M. Valerius Messala. 
 
 C. Fannius Strabo. 
 160 594 L. Anicius Gallus. 
 
 M. Cornelius Cethegus. 
 159 595 Cn. Cornelius Dolabella. 
 
 M. Fulvius Nobilior. 
 Censorcs. Lustr. LIV. 
 
 P. Cornelius Scipio Nasica. 
 
 M. PopiUius Laenas. 
 158 596 M. Aemilius Lepidus. 
 
 C. PopiUius Laenas II. 
 157 597 Sex. Julius Caesjir. 
 
 L. Aurelius Orestes. 
 156 598 L. ConieUus Lentulus Lupus. 
 
 C. Marcius Figulus II. 
 155 599 P. Cornelius Scipio Nasica II. 
 
 M. Claudius Marcellus II. 
 154 600 Q. Opimius. 
 
 L. Postumius Albinus. Mort. e. 
 
 M\ Acilius Glabrio. 
 Censores. Lustr. LV. 
 
 M. Valerius Messala. 
 
 C. Cassius Longinus. 
 153 601 Q. Fulvius Nobilior. 
 
 T. Annius Luscus. 
 152 602 M. Claudius Marcellus III. 
 
 L. Valerius Flaceus. Mort. c. 
 151 603 L. Licinius LucuUus. 
 
 A. Postumius Albinus. 
 150 604 T. Quinctius Flamininus. 
 
 M\ Acilius Balbus. 
 
 BELLUM PUNICUM TERTIUM. 
 
 149 605 L. Marcius Censorinus. 
 
 M'. Mamlius. 
 148 666 Sp. Postumius Albinus Magnus. 
 
 L. Calpumius Piso Caesoninus. 
 147 607 P. Cornelius Scipio Afric. Acmilianus. 
 
 C. Livius Drusus. 
 Censores. Lustr. LVI. 
 
 L. Cornelius Lentulus Lupus. 
 
 L. Marcius Censorinus. 
 146 608 Cn. ComeUus Lentulus. 
 
 L. Muramius Achaicus. 
 145 609 Q. Fabius Maximus Aemilianus. 
 
 L. llostUius Maneinus. 
 144 610 Ser. Sulpicius Galba. 
 
 L. Aurelius Cotta. 
 143 611 Ap. Claudius Pulcher. 
 
 Q. Caecilius Metellus Macedonicus. 
 142 612 L. Caecilius Metellus Calvus. 
 
 Q. Fabius Maximus Scrvilianus. 
 Censorcs. Lustr. LVI I. 
 
 P. Cornelius Scipio Africanus (Aemi- 
 lianus). 
 
 L. Mummius Achaicus. 
 141 613 Cn. Servilius Caepio. 
 
 Q. Pompeius. 
 140 614 C. Laelius Sapiens. 
 
 Q. Servilius Caepio. 
 139 615 Cn. Calpumius Piso. 
 
 M. PopiUius Laenas. 
 138 616 P. Cornelius Scipio Nasica Serapio. 
 
 D. Junius Brutus (Callaicus). 
 137 617 M. AemiUus Lepidus Porcina. 
 
 C. llostilius Maneinus. Abd. 
 136 618 L. Furius PhUus. 
 
 Sex. Atilius Serranus. 
 
 Censores. Lustr. LVIII. 
 
 Ap. Claudius Pulcher. 
 
 Q. Fulvius Nobilior. 
 135 619 Ser. Fulvius Flaceus. 
 
 Q. Calpumius Piso. 
 134 620 P. Cornelius Scipio Africanus AemUi- 
 anus II. 
 
 C. Fulvius Flaceus. 
 133 621 P. Mucius Scaevola. 
 
 L. Calpumius Piso Fragi. 
 132 622 P. Popilius Laenas. 
 
 P. Rupilius. 
 131 623 P. Licinius Crassus Mucianus. 
 
FASTI CONSULARES. 
 
 FASTI CONSULARES. 1081 
 
 A.C. U.C. 
 
 L. Valerius Flaccus. 
 
 Censores. Liistr. LIX, 
 Q. Caecilius Metellus Macedonicus. 
 Q. Pompeius Rufus. 
 130 624 C. Claudius Pulcher Lentulus. 
 
 M. Perperna, 
 129 625 C. Semprouius Tuditanus. 
 
 M'. Aquillius. 
 128 626 Cn. Octavius. 
 
 T. Anuius Luscus Rufus. 
 127 627 L. Cassius Longinus Ravilla. 
 
 L. Cornelius Cinna. 
 126 628 M. Acmilius Lepidus. 
 
 L. Aui'elius Orestes. 
 125 629 M. Plautius Hypsaeus. 
 
 M. Pulvius Flaccus. 
 
 Censores. Lusti: LX. 
 Cn. ServQius Caepio. 
 L. Cassius Longinus RaviUa. 
 124 630 C. Cassius Longinus. 
 
 C. Sextius Calvijius. 
 123 631 Caecilius Metellus (Balcaricus). 
 
 T. Quinctius Flamininus. 
 122 632 Cn. Domitius Ahenobai'bus. 
 
 C. Fannius Strabo. 
 121 633 L. Opiraius. 
 
 Q. Fabius Maximus (AUobrogicus). 
 120 634 P. Manilius. 
 
 C. Papirius Carbo. 
 
 Cc/isores. Lustr. LXI. 
 L. CalpuiTiius Piso Friigi. 
 Q. Caecilius Metellus Balcaricus. 
 119 635 L. Caecilius Metellus (Dalmaticus). 
 
 L. Aurelius Cotta. 
 118 636 M. Porcius Cato. Alort. c. 
 
 Q. Marcius Rex. 
 117 637 P. Caecilius Metellus Diadematus. 
 
 Q. Mucins Scaevola. 
 116 638 C. Licinius Geta. 
 
 Q. Fabius Miiximus Eburnus. 
 • 115 039 M. AeniUius Scaurus. 
 
 M. CaecUius Metellus. 
 
 Censores. Lustr. LXII. 
 L. Caecilius Metellus Dalmaticus. 
 Cn. Domitius Abenobarbus. 
 114 640 M'. AciUus Balbus. 
 
 C. Porcius Cato. 
 113 641 C. Caecilius Metellus Caprarius. 
 
 Cn. Papii'ius Carbo. 
 112 642 M. Livius Drusus. 
 
 L. Calpurnius Piso Caesoninus. 
 
 BELLUM JUGURTHINIIM. 
 
 Ill 643 P. Cornelius Scipio Nasica. Mort. c. 
 
 L. Calpurnius Bestia. 
 110 644 M. Minucius Rufus. 
 
 Sp. Postumius Albinus. 
 109 645 Q, Caecilius Metellus (Nmuidicus). 
 
 M. Junius iSilauus. 
 Censores. 
 
 M. Aemilius Scaurus. Abd. 
 
 M. Livius Drusus. Mort. e. 
 108 646 Set. Sulpicius Galba. 
 
 L. llortensius. Damn. e. 
 
 M. Aurelius Scaurus. 
 
 Censores. Lustr. LXllI. 
 Q. Fabius Maximus AUobrogicus. 
 C. Licinius Geta. 
 107 647 L. Cassius Longinus. Otxis. e. 
 
 A.C. U.C. 
 
 C. Marius. 
 106 648 C. Atilius Serranus. 
 
 Q. ServiUus Caepio. 
 105 649 P. Rutilius Rufus. 
 
 Cn. Mallius Maximus. 
 104 650 C. Marius II. 
 
 C. Flavins Fimbria. 
 103 651 C. Marius III. 
 
 L. Aurelius Orestes. Mori. c. 
 102 652 C. Marius IV. 
 
 Q. Lutatius Catulus. 
 
 Censores. Lustr. LXIV. 
 Q. Caecilius Metellus Numidicus. 
 C. Caecilius Metellus Caprarius. 
 101 653 C. Marius V, 
 M\ AquiUus. 
 100 654 C. Marius VI. 
 
 L. Valerius Flaccus. 
 99 655 M. Antonius. 
 
 A. Postumius Albinus. 
 98 656 Q. Caecilius Metellus Nepos. 
 
 T. Didius. 
 97 657 Cn. Cornelius Lentulus. 
 P. Licinius Crassus. 
 
 Censores. Lustr. LXV. 
 L. Valerius Flaccus. 
 M. Antonius. 
 96 658 Cn. Domitius Ahenobarbus. 
 
 C. Cassius Longinus. 
 95 659 L. Licinius Crassus. 
 
 Q. Mucins Scaevola. 
 94 600 C. Coelius Caldus. 
 
 L. Domitius Ahenobarbus. 
 93 661 C. Valerius Flaccus. 
 
 M. Ilerennius. 
 92 662 C. Claudius Pulchor. 
 M. Perperna. 
 
 Censores. Lustr. LXVl. 
 Cn. Domitius Ahenobarbus. 
 L. Licinius Crassus. 
 91 663 L. Marcius Philippus. 
 Sex. Julius Caesar. 
 
 UELLUM MARSICUM. 
 
 90 004 L. Julius Caesar. 
 
 P. RutiUus Lupus. Occis. e. 
 89 ()G5 Cn. Pompeius Strabo. 
 
 L. Porcius Cato. Occis. e. 
 Censores. 
 
 P. Licinius Crassus. 
 
 L. Julius Caesar. 
 88 600 L. Cornelius Sulla (Felix). 
 
 (j. Pompeius Rufus. Vceis. e. 
 87 007 Cn. Octavius. Occis. e. 
 
 L. Cornelius Cinna. Aid. 
 
 L. Cornelius Merida. Occis. c. 
 80 068 L. Cornelius Cinna II. 
 
 C. Marius VII. Mort. e. 
 
 L. Valerius Flaccus II. 
 
 Censores. Lustr. LXVII. 
 
 L. Marius Philippus. 
 
 M. Perperna. 
 85 609 L. Cornelius Cinna III. 
 
 Cn. Papirius Carbo. 
 84 670 Cn. Papirius Carbo II. 
 
 L. Cornelius Cinna IV. Occis. 
 83 671 L. Cornelius Scipio Asiaticus. 
 
 C. Norbaniis Bulbus. 
 
1082 FASTI CONSUL ARES. 
 
 FASTI CONSULARES. 
 
 A. C. I'. C. 
 
 82 072 C. Marius. Oa-is. e. 
 
 Cn. Papirius Carbo III. Occis. e. 
 Diet. Reip. consiituendae c. 
 
 L. Cornelius Sulla Felix. 
 Maj. Eq. 
 
 L. Valerius Flaccus. 
 81 673 M. TuUius Decula. 
 
 Cn. Cornelius Dolabella. 
 80 674 L. Cornelius Sulla Felix II. 
 
 Q. Caecilius Metellus Pius. 
 79 675 P. Servilius Vatia (Isauricus). 
 
 Ap. Claudius Pulchcr. 
 78 676 M. AemUius Lepidus. , 
 
 Q. Lutatius Catulus. 
 77 677 D. Junius Brutus. 
 
 Mara. Aemilius Lepidus Livianus. 
 76 678 Cn. Octa\-ius. 
 
 C. Scribonius Curio. 
 75 679 L. Octavius. 
 
 C. Aurelius Cotta. 
 74 680 L. Licinius LucuUus. 
 
 M. Aurelius Cotta. 
 73 681 M. Tereiitius Van'o LucuOus. 
 
 C. Cassius Varus. 
 72 682 L. GeUius Poplicola. 
 
 Cn. Cornelius Lentulus Clodianus. 
 71 683 P. Cornelius Lentulus Sura. 
 
 Cn. Aufidius Orestes. 
 70 684 Cn. Pompeius Magnus. 
 
 M. Licinius Crassus Dives. 
 Censorcs. Lustr. LXX. 
 
 L. Gellius Poplicola. 
 
 Cn. Cornelius Lentulus Clodianus. 
 69 685 Q. Hortensius. 
 
 Q. Caecilius Metellus (Creticus). 
 68 686 L. Caecilius Metellus. MoH. e. 
 
 Q. Marcius Rex. 
 67 687 C. Calpumius Piso. 
 
 M'. Acilius Glabrio. 
 66 688 M'. Aemilius Lepidus. 
 
 L. Volcatius TuUus. 
 65 689 P. Cornelius Sulla. Noti iniii. 
 
 P. Autronius Paetus. Nu?i iniit. 
 
 L. Aurelius Cotta. 
 L. Manlius Torquatus. 
 
 Censores. 
 Q. Lutatius Catulus. Ahd. 
 M. Licinius Crassus Dives. Abd. 
 64 690 L. Julius Caesar. 
 
 C. Marcius Figulus. 
 
 Censores. 
 L. Aurelius Cotta. 
 
 63 691 M. Tullius Cicero. 
 
 C. Antonius. 
 62 692 D. Junius Silanus. 
 
 L. Licinius Murena. 
 61 693 M. Pupius Piso Calpui'nianus. 
 
 M. ^'alerius Messala Niger. 
 60 694 L. Afranius. 
 
 Q. Caecilius Metellus Celer. 
 59 695 C. Julius Caesar 
 
 M. Calpumius Bibulus. 
 58 696 L. Calpumius Piso Caesoninus. 
 
 A. Gabinius. 
 57 697 P. Cornelius Lentulus Spinther. 
 
 Q. Caecilius Metellus Nepos. 
 56 698 Cn. Cornelius Lentulus Miircellinus. 
 
 L. Marcius Philipjiiis. 
 
 A. c. 
 
 55 
 
 u. c. 
 
 699 
 
 Cn. Pompeius Magnus II. 
 M. Licinius Crassus II. 
 
 Ceiisores. 
 M. Valerius Messala Niger. 
 P. Servilius Vatia Isauricus. 
 54 700 L. Domitius Ahcnobarbus. 
 
 Ap. Claudius Pulcher. 
 53 701 Cn. Domitius Calvinus. 
 
 M. Valerius Messala. 
 52 702 Cn. Pompeius Magnus III. Solus 
 considatiim gessit. 
 Ej-' Kal. Sextil. 
 Q. Caecilius Metellus Pius Scipio. 
 51 703 Ser. Sulpicius Rufus. 
 
 M. Claudius Mai-cellus. 
 50 704 L. Aemilius Paullus. 
 
 C. Claudius MarceUus. 
 
 Censores. 
 Ap. Claudius Pulcher. 
 L. Calpumius Piso Caesoninus. 
 49 705 C. Claudius Marcellus. 
 
 L. Cornelius Lentulus Cms. 
 
 Diet, sine Maff. Eq. Comit. /lub. ct fei: 
 Latin, e. 
 C. Julius Caesar. 
 48 706 C. Julius Cacsiir II. 
 
 P. Servilius Vatia Isauricus. 
 47 707 Diet. Reip. consiUmndae c, 
 C. Julius Caesar II. 
 
 Mag. Eq. 
 M. Antonius. 
 Q. Fufius Calenus. Cos. 
 P. Vatinius. Cos. 
 46 708 C. Julius Caesar III. 
 
 M. Aemilius Lepidus. 
 45 709 Diet. Reip. const, c. 
 
 C. Julms Caesar III. 
 
 May. Eq. 
 M. Aemilius Lepidus, 
 
 C. Julius Caesar IV. Cos. sim collega. 
 
 Q. Fabius Maximus. Mort. a. 
 C. Caninius Rebilus. 
 C. Trelionius. ^ 
 
 Diet. Reip. ger. c. 
 C. Julius Caesar IV. 
 
 Mag. Eq. 
 M. Aemilius Lepidus II. 
 
 Mag. Eq. 
 C. Octavius. 
 
 Mag. Eq. 
 Cn. Domitius Calvinus. iVon iniit. 
 
 44 710 
 
 C. Julius Caesar V. 
 M. Antonius. 
 
 Cos. oeeis. e. 
 
 43 711 
 
 P. Cornelius Dolabella. 
 C. Vibius Pansa. Mort. e. 
 A. Hirtius. Occis. e. 
 
 42 
 
 C. Julius Caesar Octavianus. 
 C. Carrinas. 
 Q. Pedius. Mort. e. 
 P. Ventidius. 
 Triumviri Rei]>ublicae constitucndae. 
 M. Aemilius Lepidus. 
 M. Antonius. 
 
 C. .Julius Caesar Octavianus. 
 '12 L. Munatius Plancus. 
 
 Abd. 
 
FASTI CONSULARES. 
 
 FASTI CONSULARES. 
 
 1083 
 
 41 713 
 
 40 714 
 
 39 715 
 
 38 71G 
 
 37 717 
 
 M. Aeinilius Lepidus II. 
 
 Ceyisores. 
 L. Antonius Pietas. 
 P. Sulpicius. 
 L. Antonius Pietas. 
 P. Servilius Vatia Isauricus II. 
 Cn. Domitius Calvinus II. Abd, 
 C. Asinius Pollio. 
 
 L. Cornelius Balbus. 
 P. Canidius Crassus. 
 L. Marcius Ccnsorinus. 
 C. Calvisius Sabinus. 
 Ap. Claudius Pulcher. 
 C. Norbanus Flaccus. 
 
 Triumviri Reipublicae constituendae. 
 M. Aemilius Lepidus II. 
 M. Antonius II. 
 C. Julius Caesar Octavianus II. 
 
 M. Agrippa. Cos. 
 L. Caninius Gallus. 
 
 Cos. aid. 
 
 ,36 718 
 
 35 719 
 
 34 720 
 
 33 721 
 
 T. Statilius Taurus. 
 
 L. Gellius Poplicola. Ahil. 
 
 M. Cocceius ]Serva. Abd. 
 
 L. Munatius Plancus II. 
 P. Sulpicius Quirinus. 
 L. Cornificius. 
 Sex. Pompeius. 
 L. Scribonius Libo. 
 M. Antonius. Abd. 
 
 L. Sempronius Atratinus. 
 
 Ex Kal. Jul. Paul. Aemilius Lepidus. 
 
 C. Memmius. 
 Eoe Kal. Nov. M. Herennius Picens. 
 Imp. Caesar Augustus II. Abd. 
 L. Volcatius TuUus. 
 
 P. Autronius Paetus. 
 
 Eoc Kal. Mai. L. Flavins. 
 
 Ex Kal. Jul. C. Fonteius Capito. 
 
 M'. AciUus (Aviola). 
 Ex Kal. Sept. L. Vinucius. 
 Ex Kal. Oct. L. Laronius. 
 32 722 Cn. Domitius Ahenobarbus. 
 C. Sosius. 
 
 Ex Kal. Jul. L. Cornelius. 
 
 Ex Kal. Nov. N.Valerius. 
 31 723 Imp. Caesar Augustus III. 
 
 M. Valerius Messala Corvinus. 
 
 Ex Kal. Mai. M. Titius. 
 
 Ex Kal Oct. Cn. Pompeius. 
 30 724 Imp. Caesar Augustus IV. 
 
 M. Licinius Crassus. 
 
 Ex Kal. Jul. C. Antistius Vetus. 
 
 Ex Id. Sept. M. TuUius Cicero. 
 
 Ex Kal. Nov. L. Saenius. 
 29 725 Imp. Caesar Augustus V. 
 
 Sex. Appuleius. 
 
 Ex Kal. Jul. Potitus Valerius Messala. 
 
 Ex Kal. Nov. C. Fumius. 
 
 C. Cluvius. 
 28 726 Imp. Caesar Augustus VI. 
 
 M. Agrippa II {Lush: LXXI.) 
 27 727 Imp. Caesar Augustus VII. 
 
 M. Agrippa III. 
 26 728 Imp. Caesar Augustus VIII. 
 
 A. c. u. c. 
 
 25 729 
 
 24 730 
 
 23 731 
 
 22 732 
 
 21 733 
 
 20 734 
 
 19 735 
 
 18 736 
 
 17 737 
 
 16 738 
 
 15 739 
 
 14 740 
 
 13 741 
 
 12 742 
 
 T. Statilius Taurus II. 
 Imp. Caesar Augustus IX. 
 M. Junius Silanus. 
 Imp. Caesar Augustus X. 
 C. Norbanus Flaccus. 
 Imp. Caesar Augustus XI. 
 A. Terentius Varro Murena. 
 
 Abd. 
 Mart. e. 
 
 L. Sestius. 
 
 Cn. Calpumius Piso. 
 
 M. Claudius Marcellus Aeseminus. 
 
 L. Arruntius. 
 
 Ceiisores. 
 L. Munatius Plancus. 
 Paul. Aemilius Lepidus. 
 M. LoUius. 
 Q. Aemilius Lepidus. 
 M. Appuleius. 
 P. Silius Nerva. 
 C. Scntius Saturninus. 
 Q. Lucretius Vespillo. 
 Ex Kal. Jul. M. Vinucius. 
 P. Cornelius Lentulus Marcellinus. 
 Cn. Cornelius Lentulus. 
 C. Furnius. 
 C. Junius Silanus. 
 L. Domitius Alienobarbus. 
 P. Cornelius Scipio. 
 Ex Kal. Jul. L. Tarius Rufiis. 
 M. Livius Drusus Libo. 
 L. Calpumius Piso. 
 M. Licinius Crassus. 
 Cn. Cornelius Lentulus Augur. 
 Ti. Claudius Nero (posiea Ti. Caesar 
 
 Augustus). 
 P. Qiunctilius Varus. 
 M. Valerius Messala Barbatus Ap- 
 
 pianus. Mori. c. 
 P. Sulpicius Quirinus. Abd. 
 
 C. Valgius Rufus. Aid. 
 C. Caninius Rebilus. Moii. e, 
 L. Volusius Saturninus. 
 1 1 743 Q. Aelius Tubero. 
 
 Paul. Fabius Maximus. 
 10 744 Julus Antonius. 
 
 Q. Fabius Maximus Africanus. 
 9 745 Nero Claudius Drusus Germanicus. 
 Mart. c. 
 
 T. Quinctius (Pennus Capitolinus) 
 Crispinus. 
 8 746 C. Marcius Censorinus. 
 
 C. Asinius Gallus. 
 7 747 Ti. Claudius Nero II. 
 
 Cn. Calpumius Piso. 
 6 748 D. Laelius Balbus. 
 
 C. Antistius Vetus. 
 5 749 Imp. Caesar Augustus XII. 
 
 L. Cornelius Sulla. 
 4 750 C. Calvisius Sabinus. 
 
 L. Passienus Rufus. 
 3 751 L. Cornelius Lentulus. 
 
 M. Valerius Messallrnus. 
 2 752 Imp. Caesar Augustus XIII. Abd. 
 
 M. Plautius Silvanus. Abd. 
 
 Q. Fabricius. 
 L. Caninius Gallus. 
 1 753 Cossus Cornelius Lentulus. 
 L. Calpumius Piso. 
 
1084 
 
 FASTI CONSUL ARES. 
 
 FASTI CONSULARES. 
 
 '. c. u. c. 
 
 1 754 C. Caesar. 
 
 L. Aemilius PauUus. 
 
 2 755 P. Vinucius. 
 
 P. Alfenius Vams. 
 Ejc Kal. Jul. P. Cornelius Lentulus 
 Scipio. 
 T. Quinctius Crispinus 
 Valerianus. 
 
 3 756 L. Aelius Lamia. 
 
 M. Servilius. 
 ExKal.Jtd. P. Silius. 
 
 L. Volusius Satuminus. 
 
 4 757 Sex. Aelius Catus. 
 
 C. Sentius Satuminus. 
 
 Ex Kal. Jul. C. Clodius Licinus. 
 
 Cn. Sentius Satiuuinus. 
 
 5 758 L. Valerius Messala Volesus. 
 
 Cn. Cornelius Cinna Magnus. 
 Ex Kal. Jul. C. Ateius Capito. 
 
 C. Vibius Postumus. 
 (i 759 M. Aemilius Lepidus. 
 L. Aruntius. Abd. 
 
 L. Nonius Asprenas. 
 A. Licinius Nerva Silianus. 
 Q Caecilius Metellus Creticus. 
 M. Furius Camillus. 
 Sex. Nonius Quinctilianus. 
 Ex Kal. Jul. L. Apronius. 
 
 A. Vibius Habitus. 
 C. Poppaeus Sabinus. 
 Q. Sulpicius Camerinus. 
 Ex Kal. Jul. M. Papius Mutilus. 
 
 Q. Poppaeus Secundus. 
 P. Cornelius DolabelJa. 
 C. Junius Silanus. 
 
 Ex Kal. .Jul. Ser. Cornelius Lentulus 
 
 Malug. 
 M. Aemilius Lepidus. 
 T. StatUius Taurus. 
 Ex Kal. Jul. L. Cassius Longinus, 
 Gennanicus Caesar. 
 C. Fonteius Capito. 
 Ex Kal. Jul. C. Visellius Varro. 
 C. Silius. 
 
 L. Munatius Plancus. 
 Sex. Pompeius. 
 Sex. Appuleius. 
 
 Eudeui anno a. d. XIV. Kal. Sept. 
 Imp. Caesar Augustus. Mort. e. 
 Tiberius Caesar Augustus. 
 Drusus Caesar. 
 C. Norbanus Flaccus. 
 T. Statilius Sisenna Taurus. 
 L. Scribonius Libo. 
 Ex Kal. Jul. P. Pomponius Grae- 
 cinus. 
 
 C. Caecilius Rufus. 
 L. Pomponius Flaccus. 
 Ti. Caesar Augustus III. Abd. 
 Germanicus Caesar II. 
 
 L. Seius Tubero. 
 M. Junius Silanus. 
 L. Norbanus Balbus. 
 M. Valerius Messala. 
 M. Aurelius Cotta. 
 Ti. Caesar Augustus IV. 
 Drusus Caesar II. 
 
 D. Haterius Agrippa. 
 
 7 7()0 
 
 8 701 
 
 9 762 
 
 ]0 763 
 
 11 764 
 
 12 765 
 
 13 766 
 
 14 776 
 
 15 768 
 
 16 769 
 
 17 770 
 
 18 771 
 
 19 
 
 20 773 
 
 21 774 
 
 22 775 
 
 C. Sulpicius Galba. 
 
 Ex Kal.. Jul. M. Cocceius Nerva. 
 
 C. Vibius Rufiuus. 
 
 23 776 C. Asinius PoUio. 
 
 C. Antistius Vetus. 
 
 24 777 Ser. Cornelius Cethegus. 
 
 L. Visellius Varro. 
 
 25 778 M. Asinius Agrippa. 
 
 Cossus Cornelius Lentulus. 
 
 26 779 C. Calvisius Sabinus. 
 
 Cn. Cornelius Lentulus Gaetulicus. 
 Ex Kal. Jul. Q. Marcius Barea. 
 
 T. Rustius Nummius 
 GaUus. 
 
 27 780 M. Licinius Crassus Frugi. 
 
 L. Calpumius Piso. 
 
 28 781 Ap. Junius Silanus. 
 
 P. Silius Nerva. 
 Suf. Q. Junius Blacsus. 
 L. Antistius Vetus. 
 
 29 782 L. Rubellius Geminus. 
 
 C. Fufius Geminus. 
 Suf. A. Plautius. 
 
 L. Nonius Asprenas. 
 
 30 783 M. Vinucius. 
 
 L. Cassius Longinus. 
 
 Suf. C. Cassius Longinus. 
 L. Naevius Surdinus. 
 
 31 784 Ti. Caesar Augustus V. 
 
 L. Aelius Sejanus. 
 
 Suf. VII. Jd. Alai. Faust. Cornelius 
 SuUa. 
 Sextidius Catul- 
 linus. 
 
 Kal. Jul. L. Fulcinius Trio. 
 Kal. Oct. P. Memmius Re- 
 gulus. 
 
 32 785 Cn. Domitius Ahenobarbus. 
 
 M. Furius Camillus Scriboiiianus. 
 Suf. Kal. Jul. A. Vitellius. 
 
 33 786 Ser. Sulpicius Galba (;)osfeaCaes. Aug.) 
 
 L. Cornelius Sulla Felix. 
 
 Suf. Kal. Jul. L. Salvias Otho. 
 
 34 787 L. Vitellius. 
 
 Paul. Fabius Persicus. 
 
 35 788 C. Cestius Gallus Camerinus. 
 
 M. Servilius Noiiianus. 
 
 36 789 Sex. Papinius AUienus. 
 
 Q. Plautius. 
 
 37 790 Cn Acerouius Proculus. 
 
 C. Petronius Pontius Nigrinus. 
 
 Suf. Kal. Jul. C. Caesar Augustus 
 Gennanicus. 
 
 Ti. Claudius (jMstea Caes. Aug.) 
 Eodcm anno a. d. xvii. Kal. April. 
 Ti. Caesar Augustus. Mort. e. 
 Caius Caesar Augustus Germani- 
 cus (Caligula). 
 
 38 791 M. A(iuilius Julianus. 
 
 P. Nonius Asprenas. 
 
 39 792 C. Caesar Augustus Gennanicus II. 
 
 L. Apronius Caesianus. 
 
 Suf. Kal. Fcbr. Sanguinius Maximus. 
 
 J id. Cn.UomitiusCorbulo. 
 Sept. Domitius Afer. 
 
 40 793 C. Caesar Augustus Germanicus III. 
 
 (Solus mat I. t/esdt.) 
 Suf. Jd. Jan. L. (iellius Poidicola. 
 
 M. Cocceius Nerva. 
 {Kid. Jul. Sex. Jiuiius Celcr. 
 
FASTI CONSULARES. 
 
 FASTI CONSULARES. 1085 
 
 Sex. Nonius Quinc- 
 tiliaiius.) 
 
 41 794 C. Caesar Augustus Gennanicus IV. 
 
 Cn. Scntius Satuminus. 
 
 Suf. VII. /(/. Jan. Q. Pomponius 
 
 Secundus. 
 Eodem anno a. d. ix. Kal. Feb. 
 C. Caes. Aug. Germ. (Caligula.) Occis.e. 
 Ti. Claudius Caes.\r Augu.stus 
 Germanicus. 
 
 42 795 Ti. Claud. Caes. Aug. Germanicus II. 
 
 C. Caosiuus Largus. 
 
 Siif.Kal.Mart. (C. Vibius Crispus.) 
 
 43 796 Ti. Claud. Caes. Aug. Germanicus III. 
 
 L. Vitellius II. 
 
 Sll/.Kal.^^art. (P. Valerius Asiat.) 
 
 44 797 L. Quinctius Crispinus Secundus. 
 
 M. Statilius Taurus. 
 
 45 798 M. Vinucius II. 
 
 Taurus Statilius Corvinus. 
 Siif. M. Cluvius Ptufus. 
 Pompcius Silvanus. 
 
 46 799 . . . Valerius Asiaticus II. 
 
 M. Junius Silanus. 
 
 Suf. P. Suillius Rufiis. 
 P. Ostorius Scapula. 
 
 47 800 Ti. Claud. Caes. Aug. Germanicus IV. 
 
 L. Vitellius III. 
 
 Suf. Kal. Mart. (Ti. Plautius Sil- 
 vanus Aelianus.) 
 
 48 801 A. Vitellius (jmstca Aug.) 
 
 L. Vipstanus Poplicola. 
 
 Suf. Kal. Jul. L. Vitellius. 
 
 (C. Calpurnius Piso.) 
 
 Censores. Lustr. LXXIV. 
 Ti. Claudius Caes. Aug. Germanicus. 
 L. Vitellius. 
 
 49 802 Q. Veranius. 
 
 C. (A.) Pompeius GaUus. 
 Suf. L. Memmius PoUio. 
 Q. Allius Maximus. 
 
 50 803 C. Antistius Vetus. 
 
 M. Suillius NeruUinus. 
 
 51 804 Ti. Claud. Caes. Aug. Germanicus V. 
 
 Ser. ConieUus Orfitus. 
 Suf.Kal.Jul. (C. Minicius Fundanus. 
 
 C. Vctennius Severus.) 
 Kal. Nov. T. FlaviusVespasianus. 
 
 {jmstca Caes. Aug.) 
 
 52 805 Faustus Cornelius SuUa. 
 
 L. Salvius Otho Titianus. 
 {Suf.Kal.Jul. Servilius Barea Soranus. 
 
 C. Licinius Mucianus. 
 AW.A'bi'.L. Cornelius Sulla. 
 
 T. Flavius Sabinus.) 
 
 53 806 D. Junius Silanus. 
 
 Q. Haterius Antoninus. 
 
 54 807 M. Asinius Marcellus. 
 
 M'. Acilius Aviola. 
 
 Eodem anno a. d. III. Id. Oct. 
 Ti. Claud. Caes. Aug. Germ. Mart. e. 
 Nero Claudius Caesar Augustus 
 Germanicus. 
 
 55 808 Nero. Claud. Caes. Aug. Germanicus 
 
 L. Antistius Vetus. 
 
 56 809 Q. Volusius Satuminus. 
 
 P. Conielius Scipio. 
 
 57 810 Nero Claud. Caes. Aug. Germanicus 1 1. 
 
 L. Calpurnius Piso. 
 
 Suf. L. Caesius Martialis. 
 
 p. c. u. c. 
 
 58 nil NcroClaud.Caes.Aug.GermanicusIII. 
 
 M. Valerius Mcssida. 
 
 59 812 C. Vipstanus Apronianus. 
 
 C. Fonteius Capito. 
 
 60 813 Nero Claud. Caes. Aug. Germanicus IV. 
 
 Cossus Cornelius Lentulus. 
 
 61 814 C. Petronius Turpilianus. 
 
 C. Caesonius Paetus. 
 
 62 815 P. Marius Celsus. 
 
 L. Asinius Gallus. 
 
 Suf. L. Annaeus Seneca. 
 TrcbcUius Maximus. 
 
 63 816 C. Memmius Ilcgulus. 
 
 L. Virginius Iluf'us. 
 
 64 817 C. Laecanius Bassus. 
 
 M. Licinius Crassus Frugi. 
 
 65 818 A. Licinius Nor%a Silianus. 
 
 M. Vestinus Atticus. 
 
 66 819 C. Lucius Telesinus. 
 
 C. Suetonius PauUinus. 
 
 67 820 L. Fonteius Capito. 
 
 C. Julius Rufus. 
 
 68 821 Silius Italicus. Ahd. 
 
 Cialcrius Trachalus. Ahd. 
 Nero Claud. Caes. Aug. Germanicus V. 
 {sine colleya.) 
 Suf.Kal.'Jul. M. Plautius Silvanus. 
 
 M. Salvius Otho 
 {postea Caes. Aug.) 
 Suf.Kal.Sept. C. Bellicus Natalis. 
 
 P.Cor. Scip. Asiaticus. 
 Eodem anno a. d. iv. Id. Jun. 
 Nero Claud. Caes. Aug. Germ. Mort.e. 
 Ser. Sulpicius Galea Caesar Au- 
 gustus. 
 
 69 822 Ser. Sulpicius Galba Caes. Augustus II. 
 
 T. Vinius (Junius). Occis. e. 
 
 Eodem anno a. d. xvii. Kal. Febr. 
 Ser. Sulp. Galba Caesar Aug. Occis. e. 
 M.SalviusOthoCaesar Augustus. 
 Ex. a. d. XVI. Kal. Fcbr. M. Sal. 
 Otho Caes. Aug. L. Salvius Otho 
 Titianus II. 
 Ejc. Kal. Mart. T. Virginius Rufus. 
 
 L. Pompeius Vopiscus. 
 Eodem. anno a. d. xil. Kal. Mai. 
 M. Salvius Otho Caes. Aug. Mort. e. 
 A. Vitellius Imp. Augustu.s. 
 Ex.Kal.Mai.M. Caelius Sabinus. 
 
 T. Flavius Sabinus. 
 Ex.Kal.Jul.T. Arrius Antoninus. 
 
 P. Marius Celsus II. 
 Ex.Kal.Sepl. C. Fabius Valens. 
 
 A.Licin.Caec. Damn.e. 
 Ex.pr.Kal.Nov. Roscius Regulus. 
 Ex. Kal. Nov. Cn.Caecilius Simplex. 
 
 C. Quinctius Atticus. 
 Eodem anno a. d. ix. Kal. Jan. 
 A. Vitellius Imp. Aug. Occis. e. 
 Imp. T. Flavius Vespasianus Au- 
 gustus. 
 
 70 823 Imp. T. Flavius Vespasianus Aug. II. 
 
 T. Caesar Vespasianus. 
 
 Ex. Kal. Jul. C. Licinius MucianusI I. 
 
 P. Valerius Asiaticus. 
 F!x.Kal.Nov.\j. Armms Bassus. 
 
 C. Caecina Paetus. 
 
 71 824 Imp. T. Flavius Vespasianus Aug. III. 
 
 M. Cocceius Nerva {postea Imp. Caes. 
 Aug.) 
 
1086 
 
 FASTI CONSULARES. 
 
 FASTI CONSULARES. 
 
 p. c. u.c. 
 
 72 
 73 
 74 
 
 75 
 
 78 
 7.0 
 
 82 
 8:5 
 84 
 85 
 86 
 
 87 
 88 
 89 
 90 
 91 
 
 825 
 826 
 827 
 
 76 829 
 
 r7 830 
 
 831 
 832 
 
 80 833 
 
 81 834 
 
 835 
 836 
 837 
 838 
 839 
 
 840 
 841 
 842 
 843 
 844 
 
 E(r.Kal.Mart. T. Caesar Domitianus. 
 
 Cii. Pcdius Cattus. 
 C. Valerius Fcstus. 
 Imp. T. Flavius Vespnsianus Aug. IV. 
 T. Caesar Vespasianus II 
 T. Caesar Domitianus II. 
 M. Valerius Messalinus. 
 Imp. T. Flavius Vespasianus Aug. 
 Ti. Caesar Vespasianus III. Ahrl. 
 Eje.Kal.Jal. T.Caes. DomitianusIII. 
 Ccusores. Lustr. LXXV. 
 Imp. T. Flavius Vespasianus August. 
 T. Caesar Vespasianus. 
 Imp. T. Flavius Vespasianus Aug. VI. 
 T. Caesar Vespasianus IV. 
 
 Ex.Kal.Jul. T. Caes. Domitianus IV. 
 
 M. Licin. Mucianus 1 1 1 . 
 Imp. T. Flavius Vespasianus Aug. VI I. 
 T. Caesar Vespasianus V. 
 
 E^: Kal. Jul. T. Caes. Domitianus V. 
 
 (T. Plautius Silvanus 
 Aelianus II.) 
 Imp. T. Flavius Vespasianus Aug. VIII. 
 T. Caesar Vespasianus VI. 
 
 Ea: Kal.Jul. T. Caes. DomitianusVI. 
 
 Cn. Julius Agricola. 
 L. Ccionius Commodus. 
 D. Novius Priscus. 
 
 Imp. T. Flavius Vespasianus Aug. IX. 
 T. Caesar Vespasianus VII. 
 
 Eodem anno a. d. vm. Kal. Jul. 
 Imp. T. Flav. Vespasianus Aug. mort. e. 
 Imp. Titus Caesar Vespasianus 
 
 Augustus. 
 Imp. TitusCaes. Vespasian. Aug. VIII. 
 T. Caesar Domitianus Vll. 
 
 Siif. L. Aelius Plautius Lamia. 
 Q. Pactumcius Fronto. 
 
 Siif. M. Tillius (Tittius) Frugi. 
 T. Vinicius Julianas. 
 L. Flavius Silva Nonius Bassus. 
 Asinius Pollio Verrucosus. 
 
 Ex. Kal. Mai. L. Vettius PauUus. 
 
 T. Junius Montanus. 
 
 Eodem anno Idih. Sept. 
 Imp. Titus Caes. Vespas. Aug. mort. e. 
 Imp.CaesarDomitianus Augustus. 
 Imp. Caes. Domitianus August. VIII. 
 T. Flavius Sabinus. 
 Imp. Caesar Domitianus Augustus IX. 
 Q. PetiUius Rufus II. 
 Imp. Caesar Domitianus Augustus X. 
 Ap. Junius Sabinus. 
 Imp. Caesar Domitianus Augustus XI. 
 T. Aurelius Fulvus. 
 Imp. Caes. Domitianus Augustus XII. 
 Ser. Cornelius Dolabella Petronianus. 
 
 Suf. C. Secius Campanus. 
 Imp. Caes. Domitianus Augustus XIII. 
 A. Volusius Satuminus. 
 Imp. Caes. Domitianus Augustus XIV. 
 L. Minucius Rufus. 
 T. Aurelius Fulvus II. 
 A. Sempronius Atratinus. 
 Imp. Caesar Domitianus Augustus X V. 
 M. Cocceius Nerva II. 
 M'. Acilius Glabrio. 
 M. Ulpius Traianus {posiea Imp. Caes. 
 Aug.) 
 
 Suf. Q. Valerius Vcgetus. 
 
 p. c. u.c. 
 
 92 845 
 
 93 846 
 
 94 847 
 
 95 848 
 
 96 849 
 
 97 850 
 
 98 851 
 
 99 852 
 100 853 
 
 101 854 
 
 102 855 
 
 103 856 
 
 104 857 
 
 P. Met(ilius Secundus). 
 Imp. Caes. Domitianus Augustus XVI. 
 Q. Volusius Satuminus. 
 
 Ex. Id.Jan. L. Venu(leius Apronia- 
 nus). 
 
 Ecr. Kal. Mai. L. Stertinius Avitus. 
 
 Ti 
 
 Ea: Kal.Sept. C. Junius Silanus. 
 
 Q. Arv 
 
 Pompeius Collega. 
 Cornelius Priscus. 
 
 Siif. M. LoUius Paullinus Valerius 
 Asiaticus Satuminus. 
 C. Antius Aulus Julus Tor- 
 quatus. 
 
 L. Nonius Torquatus Asprenas. 
 T. Sextius Magius Lateranus. 
 
 Suf. L. Sergius Paullus. 
 Imp. Caes. Domitianus August. XVII. 
 T. Flavius Clemens. 
 C. Manlius Valens. 
 C. Antistius Vetus. 
 
 Eodem anno a. d. xiv. Kal. Oct. 
 Imp. Caesar Domitianus Aug. Germ, 
 oms. e. 
 
 Imp. Nerva Caesar Augustus 
 
 Germanic us. 
 Imp. Nerva Caesar Augustus III. 
 T. Virginius Rufus III. 
 
 Eodem anno. 
 M. Ulpius Traianus Caesar appell. est. 
 Imp. Nerva Caesar Augustus IV. 
 Nerva Traianus Caesar 1 1. 
 
 Eodem anno a. d. VI. Kal. Febr. 
 Imp. Nerva Caes. Aug. Germ. mort. e. 
 Imp. Caesar Nerva Trajanus Op- 
 timus Au(;ustus Germanicus 
 Dacicus Parthicus. 
 Et. Kal. Jul. C. Sosius Senccio. 
 
 L. Licinius Sura. 
 ErKal.Oct. Afranius Dexter. 
 A. Cornelius Palnia. 
 C. Socius Senecio (11.) 
 Imp.Caes. NervaTraianus August. III. 
 Sex. Julius Frontinus III. 
 ExKal.Mart. M. Comelius Fronto III. 
 E J' Kal. Sept. C. Plinius Caecilius Se- 
 cundus. 
 
 Cornutus Tertulhis. 
 ExKal.Nov.JuYms Ferox. 
 
 Acutius Nerva. 
 L. Roscius Aelianus. 
 
 Ti. Claudius Sacerdos. 
 Imp.Caes.NervaTraianusAugustus I V. 
 Sex. Articuleius Paetus. 
 EjcKal.Mar/. ComeUns Scipio Orfitus. 
 EjrKul.Mai. Baebius Macer. 
 
 M. Valerius Paullinus. 
 Ex Kal. .Jul. C. Rubrius Gallus. 
 
 Q. Caelius Hispo. 
 C. Sosius Senecio III. 
 L. Licinius Sura II. 
 Ei Kal.Jul. M'. Acilius Rufus. 
 
 C. Caecilius Classicus. 
 Imp. Caes. NervaTrajauus Augustus V. 
 L. Appius Maximus II. 
 {Suf. C. Minicius Fundanus. 
 C. Vettennius Severas.) 
 
 Suranus. 
 
 P. Neratius Marcellus. 
 
FASTI CONSULARES. 
 
 FASTI CONSULARES. 1087 
 
 p. c. 
 105 
 
 106 
 
 107 
 
 u.c. 
 
 858 
 
 859 
 8G0 
 
 108 861 
 
 109 862 
 
 110 863 
 
 111 864 
 
 112 
 113 
 114 
 115 
 116 
 117 
 
 865 
 866 
 867 
 868 
 869 
 870 
 
 Ti. Julius Camlidus II. 
 
 C. Antius Aulus .lulius Quadratus II. 
 
 L. Ceionius Commodus Verus. 
 
 L. Tutius Cerealis. 
 
 L. Licinius Sura III. 
 
 C. Sosius Senccio IV. 
 
 Siif'. .... Suranus II. 
 
 C. Julius Servilius Ursus SeiTianus. 
 Ap. Auiiius Troljonius Gallus. 
 M. Atilius Metilius Bradua. 
 Suf. (C. Julius Africanus. 
 
 Clodius Crispimis.) 
 
 L. Verulanus Severus. 
 A. Cornelius Palma II. 
 C. Calvisius TuUus II. 
 Siif. P. Aelius Iladrianus {posiea 
 Imp. Caes. Aufj.) 
 
 M. Trebatius Priscus. 
 Ser. Salvidicmis Orfitus. 
 M. Peducaeus Priscinus. 
 Suf. (P. Calvisius TuUus. 
 
 L. Annius Largus.) 
 M. Calpurnius Piso. 
 L. Rusticus Junianus Bolanus. 
 Suf. C. Julius Serxalius Ursus Servi- 
 anus II. 
 
 L. Fabius Justus. 
 Imp. Cat's. Ncrva Traj. Augustus VI. 
 T. Sextius Africanus. 
 L. Publicius Celsus II. 
 C. Clodius Crispinus. 
 Q. Ninnius Ilasta. 
 P. Manilius Vopiscus. 
 L. Vipstanus Messala. 
 M. Pedo Vergilianus. 
 (Aemilius) Aelianus. 
 (L.) Antistius Vetus. 
 Quinctius Niger. 
 C. Vipstanus Apronianus. 
 
 p. c. u. c. 
 
 130 883 
 
 131 884 
 
 132 885 
 
 133 886 
 
 134 887 
 
 135 888 
 
 136 889 
 
 137 890 
 
 138 891 
 
 139 892 
 
 140 893 
 
 
 
 Ex Ktd.Jul. M. l'>ncius Clarus. 
 
 141 
 
 894 
 
 
 
 Ti. Julius Alexander. 
 
 
 
 
 
 Eodem anno. 
 
 142 
 
 895 
 
 
 
 Imp.Caes. Ncrva Traj. Aug. Mart. e. 
 
 
 
 
 
 Imp. Caesar Trajanils Hadrianus 
 
 143 
 
 896 
 
 
 
 Augustus. 
 
 
 
 118 
 
 871 
 
 Imp. Caes. Traj. Hadrianus Aug. II. 
 Ti. Claudius Fuscus Salinator. 
 
 144 
 
 897 
 
 119 
 
 872 
 
 Imp. Caes. Traj. Iladrianus Aug. III. 
 C. Junius Rusticus. 
 
 145 
 
 898 
 
 120 
 
 873 
 
 L. CatiUus Severus. 
 
 T. Aurelius Fulvus {postca Imp. Caes. 
 
 146 
 
 899 
 
 
 
 Antoninus Aug. Pius) 
 
 147 
 
 900 
 
 121 
 
 874 
 
 M. Annius Verus II. 
 
 
 
 
 
 
 148 
 
 901 
 
 122 
 
 875 
 
 M'. Acilius Aviola. 
 
 
 
 
 
 C. Corellius Pansa. 
 
 149 
 
 902 
 
 123 
 
 876 
 
 Q. Articuleius Pactinus. 
 
 
 
 
 
 Ij. Vcnuleius Apronianus. 
 
 150 
 
 903 
 
 124 
 
 877 
 
 M'. Acilius Glabrio. 
 
 
 
 
 
 C. Bellicius Torquatus. 
 
 151 
 
 904 
 
 125 
 
 878 
 
 Valerius Asiaticus II. 
 
 
 
 
 
 Titius Aquilinus. 
 
 152 
 
 905 
 
 126 
 
 879 
 
 M. Annius Verus III. 
 
 
 
 
 
 . . . Eggius Ambibulus. 
 T. Atilius Titiamis. 
 
 153 
 
 906 
 
 127 
 
 880 
 
 
 
 
 
 M. Squilla Gallicanus. 
 
 154 
 
 907 
 
 128 
 
 881 
 
 L. Nonius Torquatus Asprenas II. 
 M. Annius Libo. 
 
 
 
 129 
 
 882 
 
 P. Juventius Celsus II. 
 Q. Julius Balbus. 
 
 155 
 
 908 
 
 S'if. C. Neratius Marcellus II. 
 •Cn. Lollius Gallus. 
 Q. Fabius Catullinus. 
 M. Flavins Aper. 
 Ser. Octavius Lacnas Pontianus. 
 M. Antonius Rufinus. 
 C. Serius Augurinus. 
 C. Trebius Sergianus. 
 M. Antonius Hibenis. 
 Nuramius Sisenua. 
 
 C. Julius Sei-vilius Ursus Servianus 1 1 1 . 
 C. Vibius Juventius Varus. 
 
 Lupercus. 
 
 Atticus. 
 
 Suf. . . . Pontianus. 
 . . . Atilianus. 
 L. Ceionius Commodus Verus. 
 Sex. Vetulenus Civica Pompeianus. 
 
 Eodem anno, 
 L. Ceionius Commodus Verus Aelius 
 
 Caesar app. e. 
 L. Aelius Verus Caesar II. 
 P. Coelius Balbinus Vibulius Pius. 
 
 Niger. 
 
 Caraerinus. 
 
 L. Aelius Verus Caesar. Kul. .fan. 
 
 mart. e. 
 
 Eodem anno a d. v. Kal. MaH. 
 T. Aui'elius Fulvius Antoninus Aelius 
 Caesar app. e. 
 
 Eodem anno a. d. VI. Id. .Jul. ' 
 Imp.Caes.Traj.HadrianusAug. Mnii.c. 
 Imp. T. Aelius Caesar Antonim s 
 
 Augustus Pius. 
 Imp. T. Ael. Caes. Ant. Aug. Pius 11. 
 C. Bnittius Praesens 11. 
 Imp. T. Ael. Caes. Ant. Aug. Pius III. 
 M. Aelius Aurelius Vcnis Caesar 
 
 [pontca Imp. Augustus). 
 M. Peducaeus Stloga Priscinus. 
 T. Hoenius Severus. 
 L. Statius Quadratus. 
 C. Cuspius Rufinus. 
 C. Bellicius Torquatus. 
 Ti. Claudius Atticus Herodes. 
 P. LoUianus Avitus. 
 C. Gavins Maximus. 
 luip. T. Ael. Caes. Ant. Aug. Plus IV. 
 M. Aurelius Caesar II. 
 Sex. Erucius Clarus II. 
 Cn. Claudius Severus. 
 C. Annius Largus. 
 C. Prast. Pacatus Messalinus. 
 
 Torquatus. 
 
 Salvius Julianus 
 Ser. Scipio Orfitus. 
 Q. Nonius Priscus. 
 
 Gallicanus. 
 
 . . Antistius Vetus. 
 
 Sex. Quintilius Condonianus. 
 
 Sex. Quintilius Maximus. 
 
 M. Acilius Glabrio. 
 
 M. Valerius Homullus. 
 
 C. Bruttius Praesens. 
 
 A. Junius Rufinus. 
 
 L. Aelius Aurelius Commodus (postea 
 
 Imp.vj^es.- Aug.) 
 T. Sextiukjliateranus. 
 C. Julius Severas. 
 M. Junius Rufinus Sabinianus. 
 
1088 FASTI CONSULARES. 
 
 FASTI CONSULARES. 
 
 Ej: Kal. Nov. Antius Pollio. 
 
 Ofliinianus. 
 1.5C 909 M. Ceionius Silvamis. 
 
 C. Serins Augurinus. 
 
 157 910 M. Civica Barlmrus. 
 
 M. Metilius Regulus. 
 
 158 911 Sex, Sulpicius Tertullus. 
 
 C. Tineius Sacerdos. 
 
 159 912 Plautius Quintillus. 
 
 Statins Prisciis. 
 ICO 913 Ap. Annius Atiliiis Bradua. 
 
 T. Clodius Vibius Varus. 
 11)1 914 M. Aelius Aurelius Venis Caesar III. 
 L. AeKiis Aurelius Commodus II. 
 
 Eodem anno, 
 Imp.T.Ael.Caes.Ant.Aug.Pius.M)r<.e. 
 Imp. Caesar M. Aurelius Anto- 
 ninus Augustus. 
 Imp. Caesar L. Aureliu.s Verus 
 Augustus. 
 162 915 Q. Junius Rusticus. 
 
 C. Vettius Aquilinus. 
 
 Siif. Q. Flavius TertuUus. 
 ICS 916 M. Pontius Laelianus. 
 
 Pastor. 
 
 Siif. Q. Mustius Priscus. 
 
 164 917 M. Porapeius Macriiius. 
 
 P. Juventius Celsus. 
 
 165 918 M. Gavius Orfitus. 
 
 L. Arrius Pudens. 
 
 166 919 Q. Servilius Pudens. 
 
 L. Fufidius Pollio. 
 
 Eodcm anno a. d. IV Fd. Oct. 
 L. Ael.AureliusCommodus Caes. app.e. 
 
 167 920 Imp. Cacs. L. Aur. Verus Aug. III. 
 
 M. Umuiidius Quadratus. 
 
 168 921 L. Venuleius Apronianus II. 
 
 L. Sergius PauUus II. 
 
 169 922 Q. Sosius Priscus Senecio. 
 
 P. Coelius ApoUinaris. 
 
 Eodcm anno. 
 Imp. Caes. L. Aur. Verus Aug. Mort. e. 
 
 1 70 923 M. Cornelius Cethegus. 
 
 C. Enicius Clams. 
 
 171 924 T. Statilius Severus. 
 
 L. Alfidius Heronnianus. 
 
 172 925 Maximus. 
 
 Orfitus. 
 
 173 926 M. Aurelius Severus II. 
 
 Ti. Claudius Pompeianus. 
 
 174 927 Gallus. 
 
 Flaccus. 
 
 175 928 Calpumius Piso. 
 
 M. Salvius Julianus. 
 
 176 929 T. Vitrasius Pollio II. 
 
 M. Flavius Apcr II. 
 
 177 930 Imp. L. Aurelius Commodus Aug. 
 
 M. Plautius Quintillus. 
 
 178 931 Gavius Orftus. 
 
 Julianus Rufus. 
 
 179 932 Imp. L. Aurelius Commodus Aug. II. 
 
 P. Marcius Verus. 
 
 Eoc Kal. Jul. P. Helvius Pertinax 
 (postca Imp. Caes. Aug.) 
 
 M. Didius Severus 
 Julianus (^postea 
 Imp. Caes. Aug.) 
 
 180 933 C. Bruttius Praesens. 
 
 Sex. Quintillus Condianus. 
 
 p. c. u. c. 
 
 Eodem anno a. d. xvi. Kal. April. 
 
 Imp. Caes. M. Aurelius Antoninus 
 Aug. Mort. e. 
 
 Imp. M. Aurelius Commodus An- 
 toninus Augustus. 
 
 181 934 Imp. M. Aurelius Commodus Antoni- 
 
 nus Aug. III. 
 L. Antistius Burrus. 
 
 182 935 Mamertinus. 
 
 Rufus. 
 
 Ex Kal. Jul. Aemiiius Juncus. 
 
 Atilius Sevems. 
 
 183 936 Imp. M. Aurelius Commodus Antoni- 
 
 nus Aug. IV. 
 C. Aufidius Victorinus II. 
 Ejc Kal. Fehr. L. Tutilius Pontius 
 
 Gentianus. 
 ExKaLMai.M.. Herennius Secundns. 
 
 M. Egnatins Postumus. 
 T. Pactumeins Magnus. 
 L. Septimius F 
 
 937 L. Cossonius Eggius MaruUus. 
 Cn. Papirius Aelianus. 
 
 Siif. C. Octavius Vindex. 
 
 938 Matcrnus. 
 
 Bradna. 
 
 939 Imp. M. Aurelius Commodus Anto- 
 ninus Aug. V. 
 
 (M*. Acilius) Glabrio II. 
 
 940 Crispinus. 
 
 Aelianus. 
 
 941 Fuscianns II. 
 
 M. Servilius Silanus II. 
 
 942 Junius Silanus. 
 Q. Servilius Silanus. 
 
 943 Imp. M. Aurelius Commodus Anto- 
 ninus Aug. VI. 
 
 M. Petronius Septimianus. 
 
 944 (Cass)ius Pedo Apronianus. 
 M. Valerius Bradua (Mauricus). 
 
 945 Imp. L. Aelius Aurelius Commodus 
 Aug. VII. 
 
 P. Helvius Pertinax II. 
 
 Eodcm anno prid. Kal. Jan. 
 Imp. L. Aelius Aurelius Commodus 
 Augustus occk. e. 
 
 946 Imp. Caes. P. Helvius Pertinax 
 Augustus. 
 
 Q. Sosius Falco. 
 
 C. Julius Erucius Clams. 
 Suf. Flavius Claudius Sulpicianus. 
 
 L. Fabius Cilo Septimianus. 
 Eodcm anno a. d, v. Kal. April. 
 Imp. Caes. P. Helvius Pertinax Aug. 
 occ. e. 
 
 Imp. Caes. M. Didius Severus Ju- 
 lianus Augustus. 
 Suf. Kal. Mai. Silius Messala. 
 Eodem anno Kal. .Jun. 
 Imp. Caes. M. Didius Severus Julianus 
 
 Aug. occis. e. 
 Imp. Caes. L. Septimius Severus 
 Pertinax Augustus. 
 Suf. Kal. Jul. Aelius. 
 
 Probus. 
 Eodem anno, 
 
 D. Clodius Albinus Caesar, app. est. 
 194 947 Imp. Caes. L. Septimius Severus Au- 
 gustus II. 
 
 D. Clodius Albinus Caesar. 
 
 184 
 
 185 
 186 
 
 187 
 188 
 189 
 190 
 
 191 
 192 
 
 193 
 
FASTI CONSULARES. 
 
 FASTI CONSULARES. 
 
 I OK!) 
 
 p. c. 
 
 195 
 
 u. c. 
 
 94a 
 
 Scapula TertuUus. 
 Tineius Clemens. 
 19(5 949 C. Doraitius Dexter II. 
 
 L. Valerius Messala Thrasia Priscus. 
 
 Eodeni anno, 
 Bassianus M. Aurelius Antoninus Cae- 
 sar app. e, 
 
 197 9.50 Ap. Claudius Lateranus. 
 
 Rufinus. 
 
 198 951 Saturninus. 
 
 GaUus. 
 
 Eodem anno, 
 M. Aurelius Antoninus (CaracaUa) 
 
 Caes. Imp. Aug. app. e. 
 P. Septimius Geta Caes. app. e. 
 
 199 952 P. Cornelius Anulinus II. 
 
 M. Aufidius Fronto. 
 
 200 953 Ti. Claudius Severus. 
 
 C. Aufidius Victorinus. 
 
 201 954 L. Annius Fabianus. 
 
 M. Nonius Arrius Mucianus. 
 
 202 955 Irap.Caes.L.Septim.SeverusAug.III. 
 
 Imp. Caes. M. Aurel. Antoninus Aug. 
 
 203 956 C. Fulvius Plautianus II. 
 
 P. Septimius Geta. 
 
 204 957 L. Fabius Cilo Septimianus II. 
 
 M. Annius Flavins Libo. 
 
 205 958 Imp. Caes.M.Aurel.AntoninusAug.II. 
 
 P. Septimius Geta Caesar. 
 
 206 959 M. Nummius Albmus. 
 
 Fulvius Aemilianus. 
 
 207 960 .... Aper. 
 
 .... Maximus. 
 
 208 961 Imp. Caes. M. Aurelius Antoninus 
 
 Aug. III. 
 P. Septimius Geta Caesar II. 
 
 209 962 Civica Pompeianus. 
 
 Lollianus Avitus. 
 
 Eodem anno, 
 P. Septimius Geta Caes. Aug. app. est. 
 
 210 963 M'. Acilius Faustinus. 
 
 Triarius Rufinus. 
 
 211 964 (Q.HediusRufus)LollianusGentianus. 
 
 Pomponius Bassus. 
 
 Eodem anno prid. Non. Fehr. 
 Imp. Caes. L. Septimius Severus Aug. 
 mort. e. 
 
 Imp. Caes. M. Aurelius Antoninus 
 (Caracalla) Augustus. 
 
 212 965 C. Julius Asper II. 
 
 C. Julius Asper. 
 Eodem anno. 
 
 Imp. Caes. P. Septimius Geta Pius 
 Aug. occ. est. 
 
 213 966 Imp. M. Aurelius Antoninus Aug. IV. 
 
 D. Coelius Balbinus II. 
 
 Suf. (M. Antonius Gordianus [pos^ 
 tea Imp. Caes. Aug.] 
 Helvius Pertinax.) 
 
 214 967 MessaUa. 
 
 Sabinus. 
 
 215 968 Laetus II. 
 
 Cerealis. 
 
 216 969 Catius Sabinus II. 
 
 Cornelius Anulinus. 
 
 217 970 C. Bruttius Praesens. 
 
 T. Messius Extricatus II. 
 
 Eodem anno a. d. VI. Id. April. 
 Imp. Caes. M. Aurelius Antoninus 
 (Caracalla) Aug. occ. e. 
 
 V. c. u. c. 
 
 Eodem amio a. d. Iii. Id. April. 
 M. Opilius Severus Macrimis Imp. 
 
 Caes. Aug. apiK e. 
 M. Opilius Diadumenianus Caes. app.e. 
 Imp. Caes. M. Opilius Seveeus 
 Macrinus Augustus. 
 
 218 971 Imp. Caes. M. Opil.Sev.Mac.Aug.il. 
 C. Oclatinus Adventus. 
 
 Eodem anno. 
 Imp. Caes. M. Opilius Sev. Macrinus 
 
 Aug. occ. e. 
 Varius Avitus Bassianus M. Aurelius 
 Antoninus Imp. Caes. Aug. app. e. 
 Imp. Caes. M. Aurelius Antoninus 
 (Elagabalus) Pius Feli.x Au- 
 
 G USTUS. 
 
 Suf. Imp. Caes. M. Aurelius Anto- 
 ninus (Elagabalus) Aug. 
 
 219 972 Imp. Caesar M. Aurelius Antoninus 
 (Elagabalus) Aug. II. 
 
 Q. Tineius Sacerdos II. 
 
 220 973 Imp. Caes. M. Aurel. Anton. (Elaga- 
 balus) Aug. III. 
 
 P. Valerius Eutychianus Comazon II. 
 
 221 974 Gratus Sabinianus. 
 Claudius Seleucus. 
 
 Eodem anno, 
 Bassianus Alexianus M. Aurelius 
 Alexander Caesar app. e. 
 
 222 975 Imp. Caes. M. Aurel. Anton. (Elaga- 
 balus) Aug. IV. 
 
 M. Aurelius Alexander Caesar. 
 
 Eodem anno. 
 Imp. Caes. M. Aurel. Anton. (Elaga- 
 balus) Aug. occ. e. 
 Imp. Caes. M. Aurelius Severus 
 Alexander Augustus. 
 
 223 976 L. Marius Maximus II. 
 L. Roscius Aelianus. 
 
 224 977 Claudius Julianus II. 
 L. Bruttius Quinctius Crispinus. 
 
 225 978 Fuscus II. 
 
 Dexter. 
 
 226 979 Imp.Caes.M.Aur.Sev. Alex. Aug.II. 
 Marcellus II. 
 
 227 980 Albinus. 
 
 Maximus. 
 
 228 981 Modestus II. 
 
 Probus. 
 
 229 982 Imp. Caes. M.Aur. Sev. Alex.Aug. III. 
 Cassius Dio II. 
 
 230 983 L. Virius Agricola. 
 Sex. Catius Clementinus. 
 
 231 984 . . . Claudius Pompeianus. 
 T. Fl. . . . Pelignianus. 
 
 232 985 Lupus. 
 
 Maximus. 
 
 233 986 Maximus. 
 
 Patemus. 
 
 234 987 Maximus IL 
 
 (C. Coelius) Urbanus. 
 
 235 988 Severus. 
 
 QuLnctianus, 
 
 Eodem an?iu. 
 Imp. Caes. M. Aurelius Severus Alex- 
 ander Aug. occ. e. 
 
 It has been considered unnecessary for the ob- 
 jects of the present vs'ork to continue the Fasti 
 beyond the death of Alexander Sevenis. 
 
 4 a 
 
INDEX. 
 
 The numerals indicate the pages, and the letters o and h the first and second columns respectively. 
 
 A. A. 
 
 Abaculus, 1. 
 Abacus, 1. 
 Abactio partus, 37, a. 
 AbaUenatio, 591, b. 
 Abamita, 254, b. 
 Abavia, 254, b. 
 Abavunculus, 254, b. 
 Abavus, 254, b. 
 Ablecti, 406, a. 
 Ablogmina, 2, b; 832, a. 
 Abmatertera, 254, b. 
 Abnepos, 254, b. 
 Abneptis, 254, b. 
 Abolla, 2, b. 
 
 Abortus procuratio, 37, a. 
 Abpatruus, 254 , b. 
 Abrogare Legem, 559, a. 
 Absentia, 821, a. 
 Absolutio, 530, a. 
 Abstinendi Beneficium, 476. 
 Abusus, 555, a ; 1064,b; 1065, 
 "hnaiva, 3, a. 
 'Ax'Tw;', 1015, a. 
 Acapna Ligna, 3, a. 
 'AjcaTiov, 3, a. 
 'Akutos, 3, a. 
 
 Accensi, 3, a. 
 
 Acceptilatio, 3, b. 
 
 Accessio, 3, b. 
 
 Acclamatio, 4, a. 
 
 Accubita, 4, a. 
 
 Accubitalia, 4, a. 
 
 Accubitoria, 926, b. 
 
 Accusatio, 297, b ; 531, a. 
 
 Accusator, 11, a ; 531, a. 
 
 Acerra, 4, a. 
 
 Acetabulum, 4, b ; 875, b. 
 
 Acetum, 4, b; 1047, b. 
 
 'Axdvri, 5, a. 
 
 Acies, 467, b. 
 
 Acilia Lex, 819, b. 
 
 Acilia Calpumia Lex, 3C, b. 
 
 Acinaces, 5, a. 
 
 Acisculus, 103, b. 
 
 Aelis, 6, a. 
 'Ak/jmv, 512, b. 
 
 Acna, Acnua, 11, a. 
 
 'Akcok^, 467, b. 
 
 'A/coiji/ fj-apTvpeiv, 6, a. 
 "Akuv, 468, b. 
 
 'Akovtiov, 468, b. 
 
 Acquisitio, 6, a. 
 
 Acquisitiones civiles, 353, b. 
 
 Acquisitiones naturales, 353, b. 
 ' AKpaTia-jia, 251, a; 319, b. 
 'AKpaTiff/uor, 251, a ; 319, b. 
 Acroama, 6, a. 
 'AxpoKepaia, 52, a. 
 'AKpoXtdoi, 6, b ; 902, a. 
 'AKpo(pv(nov, 428, a. 
 Acropolis, 1018, b. 
 'Akpo(Tt6Kiov, 6, b. 
 'AKpoaroixiou, 428, a. 
 Acroterimn, 6, b ; 827, a. 
 'AKpoBlvtou, 6, b. 
 Acta Diuma, 6, b. 
 Acta Senatus, 6, b. 
 'Aktio, 6, b. 
 Actio, 7, a. 
 
 „ Albi Comipti, 33, b. 
 
 „ Aquae Pluviae Arcendae, 
 66, b. 
 
 „ Arbitraria, 8, a. 
 
 „ Bonae Fidei, 8, a. 
 
 „ Bonorum Vi Raptorum, 
 153, b ; 444, b. 
 
 „ Certi, Incerti, 215, a. 
 
 „ Civilis, 8, a. 
 
 „ Commodati, 276, b. 
 
 „ Communi Dividundo, 276, 
 a. 
 
 „ Confessoria, 280, b. 
 
 ,, Damni Injuria dati,313,a. 
 
 „ Dejecti Eifusive, 318, a; 
 
 1043, b. 
 „ Depensi, 520, b. 
 „ Depositi, 326, b. 
 „ Directa, 8, a. 
 „ De Dolo Malo, 302. 
 „ Emti et Venditi, 381, b. 
 „ Exercitoria, 403, a. 
 „ Ad Exhibendum, 403, b. 
 ,, Extraordinaria, 8, a. 
 „ Familiaeerciscuiidae,408,b 
 „ Fictitia, 8, a. 
 „ Fiduciaria, 422, a. 
 „ Finiiun Reguiidorum, 422, 
 
 b. 
 
 „ Furti, 444, a. 
 
 „ Honoraria, 8, a. 
 
 „ Hypothecaria, 760, b. 
 
 „ Inanis, 8, a. 
 
 „ Injuriarum, 517,b;1043,a. 
 
 „ Institoria, 519, a. 
 
 „ Institutoria, 521, a. 
 
 „ Inutilis, 8, a. 
 
 „ Judicati, 533, a. 
 
 „ Quod Jussu, 542, b. 
 
 Lctio Legis Aquiliae, 313, a. 
 „ Locati et Conducti, 574, b. 
 „ Mandati, 592, a. 
 „ Mixta, 7, b ; 8, a. 
 „ Mutui, 631, b. 
 „ Negativa, 280, b. 
 „ Negatoria, 280, b. 
 „ Negotiorum Gestonun, 
 
 635, a. 
 „ Noxalis, 647, a. 
 „ Ordinaria, 8, a. 
 „ De Pauperie, 731, b. 
 „ De Peculio, 870, a. 
 „ Perpetua, 8, a. 
 ,, Perseeutoria, 8, a. 
 ,, Pignoraticia, 760, b. 
 „ Poenalis, 8, a. 
 „ Popularis, 1043, b. 
 ,, Praejudicialis, 788. 
 „ Praetoria, 8, a. 
 „ Prosecutoria, 8, a. 
 „ Publiciana in rem, 807, b. 
 „ Quanti Minoris, 815, a. 
 ,, Rationibus Distrahendis, 
 
 1021, b. 
 „ De Recepto, 817, b. 
 ,, Redhibitoria, 818, a. 
 „ Rei Uxoriae orDotis, 359. 
 „ Rescissoria, 521, a. 
 ,, Restitutoria, 521, a. 
 „ Rutiliana, 828, a. 
 „ Sepulchri Violati, 442, a ; 
 
 1043, b. 
 „ Serviana, 761, a. 
 „ Pro Socio, 888, a. 
 „ Strict! Juris, 8, a. 
 „ Temporalis, 8, b. 
 „ Tributoria, 870, a. 
 „ Tutelae, 1022, a. 
 „ Verso in rem, 870, a. 
 „ Utilis, 7, b ; 8, a. 
 „ Vulgaiis, 8, a. 
 Actor, 1 1, a. 
 Actors, 483, a. 
 Actuariae Naves, 877, b. 
 Actuarii, 11, a. 
 Actus, 11, a ; 1034, a. 
 „ Quadratus, 11, a. 
 „ Servitus, 864, b. 
 Acus, 11, b. 
 Adamas, 1054, a. 
 Adcrescendi Jure, 478, a. 
 Addico, 539, a. 
 Addicti, 636, b. 
 Addictio, 539, a. 
 
INDEX. 
 
 1091 
 
 "ASSiJ, 'ASSi^s, 12, a. 
 'ASeio, 12, a. 
 'ASeK<piSovs, 473, a. 
 'ASeKcpos, 473, a. 
 Adcm])tio, 555, a. 
 Adfiiies, 21, b. 
 Adfinitas, 21, b. 
 Adgnati, 253, b. 
 Adgnatio, 253, b. 
 'ASiwiaj irpoj rdf Srjixov ypa<(>-ij, 
 12, a. 
 
 Aditio Hereditatis, 479, a. 
 Adjudicatio, 10, a. 
 Adlecti, 12, a. 
 Adlector, 12, a. 
 Admissionales, 12, a. 
 Adolescentes, 516, a. 
 'ASoSi/ia, 12, b. 
 Adoption (Greek), 12, b. 
 Adoption (Roman), 13. 
 Adoratio, 14, a. 
 Adrog-atio, 13. 
 Adscript! Glebae, 872, a. 
 Adscriptitii, 785, a. 
 Adscriptivi, 3, b. 
 Adseitor, 105, b. 
 Adsessor, 105, b. 
 Adstipulatio, 654, a. 
 Adstipiilator, 520, a ; 654, a. 
 Adulterium, 14. 
 Adversaria, 15, a. 
 Adversarius, 1 1, a. 
 Adulti, 516, a. 
 'AStjyuToi, 15, a. 
 Advocatus, 15, a. 
 "ASvTov, 946, b. 
 Adytum, 946, b. 
 Aeacia, 31, b. 
 
 AebutiaLex, 7, a; 367,b; 560, a. 
 
 Aedes, 435, a ; 494, b ; 945, b. 
 
 Aediles, 1 5, a. 
 
 Aeditui, 17, a. 
 
 Aeditimi, 17, a. 
 
 Aeditiuni, 17, a. 
 
 Aegis, 1 7, a. 
 
 'Aeitpvy'ia, 124, b. 
 
 'Aei'o-iToi, 803, b. 
 
 Aelia Lex, 560, a. 
 
 Aelia Sentia Lex, 18, b ; 595, b. 
 
 Aemilia Lex, 560, b. 
 
 Aemilia Baebia Lex, 36. b; 560, 
 
 b; 561, b. 
 Aemilia Lepidi Lex, 920, a. 
 Aemilia Scauri Lex, 920, a. 
 Aenea tores, 19, a. 
 Aenei Nummi, 20, b. 
 Aeolipylae, 19, a. 
 Aera, 19, a. 
 Aerani, 19, b. 
 
 „ Praefecti, 20, a. 
 
 „ Tribuni, 19, b ; 20, a ; 
 987, a. 
 Aerarium, 1 9, b. 
 
 „ militare, 1 9, b. 
 
 „ sanctius, 19, b. 
 
 „ sanctum, 19, b. 
 Aerei Nummi, 20, b. 
 Aeruscatores, 20, a. 
 Aes, 20, a. 
 „ (money), 20, b. 
 „ Aegineticuni, 165, a. 
 
 Aes Alienum, 20, b. 
 „ Circuraforaneum, 21, a. 
 „ Corinthiacum, 165, a. 
 „ Deliacum, 165, a. 
 „ Equestre, 21, a ; 394, a. 
 „ Grave, 21, a; 101. 
 „ Hordearium, or Hordiarium, 
 
 21, b ; 394, a. 
 „ Militare, 1 9, b. 
 „ Manuarium, 21, b. 
 „ Rude, 21, a. 
 „ Uxorium, 1065, b. 
 Aestivae Feriae, 415, b. 
 Aesjnnnetes, 32, b. 
 'A6T0S, 412, a. 
 'Aera/xa, 412, a. 
 Affines, 21, b. 
 Atiinitas, 21, b. 
 "AyaAixa, 899, b ; 902, a. 
 'Ayafi'iov ypacpi^, 597. 
 Agaso, 22, a. 
 'AyaBoepyo'i, 22, a. 
 'Ayi\d<TTOi, 22, a. 
 'AyfAarrfs, 22, a. 
 'Ayek-n, 22, a. 
 Agema, 22, a. 
 'Ayiwpylov AiKij, 22, a. 
 Ager, 26, a ; 782, b. 
 ,, Arcifinalis, 30, b. 
 „ Arcifinius, 30, b. 
 „ assignatus, 27, a. 
 „ concessus, 27, a. 
 „ Decumanus, 29, b. 
 „ Effatus, 772, b. 
 „ Emphyteusis, 29, b. 
 „ Emphyteuticarius, 29, b ; 
 
 379, a. 
 „ Limitatus, 26, a ; 30. 
 „ Occupatorius, 27, a. 
 „ Privatus, 25. 
 „ Publicus, 25 ; 782, a. 
 „ Quaestorius, 27, a. 
 „ Religiosus, 25. 
 „ Sacer, 25. 
 „ Sanctus, 22, a. 
 „ Scripturarius, 843, b. 
 ., Vectigalis, 29, b. ; 379, a. 
 'AyrjTTis, 199, b'. 
 'AyTjTopLa, 199, b. 
 Agger, 22, b. 
 Agitator, 233, a. 
 'Ay\dia, 225, b. 
 Agmcn, 22, b. 
 
 „ Pilatum, 23, a. 
 ,, Quadratuni, 23, a. 
 Agnati, 253, b ; 477, b. 
 Agnatio, 253, b. 
 Agnomen, 641, a. 
 Agonales, 835, b. 
 Agonalia, 23, a. 
 Agonia, 23, a. 
 Agonenses, 835, b. 
 Agonium, 23, a. 
 'Ayiiii'dpx<'^'i 24, a. 
 'Aytices, 335, a. 
 
 „ a.r'ifxr]TOL, 23, b ; 970, a. 
 „ rifj.r]roi, 23, b ; 970, a. 
 'AyiavitTTai, 1 09, a. 
 'A7a'>'o5i'/fai, 24, a. 
 'AyuvoBerai, 23, b. 
 ' Ay upd, 24, a. 
 
 'Ayopd irA.T)9ou<ro, 24, a ; 339, a. 
 
 Agoranomi, 24, a. 
 
 Agrania, 24, b. 
 
 'Aypa(piuv ypa(jr)l, 24, b. 
 
 '' Ay pa<poi v6noi, 643, b. 
 
 ' Ay pd(pov fierdWov ypa<pT^, 24, b. 
 
 Agrariae Leges, 25. 
 
 Agraulia, 30, a. 
 
 'Ayperai, 30, a. 
 
 Agriania, 30, a. 
 
 Agrimensores, 30. 
 
 'Aypiuvta, 30, b. 
 
 Agrononii, 31, a. 
 
 ' Ayporipas Quiria, 31, a. 
 
 ' Ay pwTvls, 31, a. 
 
 ' Ay vpfxcs, 373, b. 
 
 'AyvpTai, 31, a. 
 
 Ahenatores, 19, a. 
 
 AluKeia, 31, b. 
 
 AldvTiia, 31, b. 
 
 A'XA"5, 467, b. 
 
 Aixp-0(p6got, 467, b. 
 
 A'lKias Si'/CTj, 31, b. 
 
 "AikA.oj', ATk\ov, 32, a. 
 
 AtyiKogfTs, 992, b. 
 
 AlyivnTo/v iogTjj, 32, a. 
 
 Alyloxos, 17, a. 
 
 A171J, 17, a. 
 
 Alviyfj-ara, 926, a. 
 
 'A(Vu/ui'rjT7)s, 32, b ; 24, a. 
 
 'Aldga or 'Ea!ga, 32, b. 
 
 Ala, 33, b. 
 
 Alabaster, 32, b. 
 
 Alabastra, 33, a. 
 
 Alabastri, 33, a. 
 
 Alabastrites, 33, a. 
 
 'AAaia, 33, a. 
 
 Alarii, 33, b. 
 
 Albarium opus, 719, b. 
 
 Albogalerus, 33, b. 
 
 Album, 33, b. 
 
 „ decurionum, 33, b. 
 
 ,, judicum, 531, 532. 
 
 ,, senatorum, 33, b. 
 Albus Galerus, 33, b. 
 'A\Ka6o7a, 33, b. 
 Alea, 33, b. 
 Aleator, 33, b. 
 Aleo, 33, b. 
 
 'A\eKTpvop.avTe'ia, 34, a. 
 'AAeKTpvopotiax^O; 34, a. 
 'AAeKTpvovaiv dyiiv, 34, a. 
 'AAeiTTTai, 35, a. 
 'AXtuTTrtpiov, 35, b. 
 'AKyjTLS, 32, b. 
 Alica, 34, b. 
 
 AXijxa, or" AKifiO^ rpocp-^, 34, b. 
 Alimentarii Puori etPuellae,34,b. 
 Alio die, 116, <a. 
 Aliptae, 35, a. 
 'AKKds, 155, b. 
 AUuvio, 35, b. 
 'AA<Sct, 35, b. 
 'AKoyiov 7pa<J)rf, 35, b. 
 'A\<p€aifioiai, 357, b. 
 Altar, 66, b. 
 Altare, 66, b. 
 
 Altius non toUendi Servitus, 
 
 864, a. 
 "AAi/o-is, 207, b. 
 Aluta, 175, a. 
 
 4 A 2 
 
1092 
 
 INDEX. 
 
 'AAuToi, 35, b ; 664, a. 
 ' AAvTapxv^, 664, a. 
 Araamieiisis, 35, b. 
 'AixapvvBia, 36, a. 
 'Ajuoputrio, 36, a. 
 Ambarvalia, 37, a ; 101, a. 
 Aml)assadors, 555, a. 
 Ambitus, 36, a. 
 'Afi^Kuaeus 7pa^ij, 37, a. 
 'A/x^pSaia, 37, a. 
 Ambrosia, 37, a. 
 Ambulationes, 489, b. 
 Amburbiale, 37, a. 
 Amburbiuni, 37, a. 
 "A/itri, 145, b. 
 'Aiie\'iov Ai'/CT), 37, b. 
 Amentum, 37, b. 
 Amiantus, 102, b. 
 Amicire, 38, a. 
 Amictus, 38, a. 
 Amita, 254, b. 
 "Afifia, 38, a ; 747, b. 
 ' Afjurexovri, 38, a. 
 'AfKpiapd'ia, 38, a. 
 'Afi(j>lfi\TiaTpov, 822, 1). 
 ' AfupMiuv, 267, a. 
 
 'Afi.(plKTUOU€S, 38. 
 
 Amphictyons, 38. 
 ' Afx<ptKvir(Wov AcTToy, 41, a. 
 'A|U(fiS€o, 86, a. 
 'AiJL<pthov\os, 867, a. 
 'Afi(j>iSp6fj.ia, 41, a. 
 Amphimalla, 939, a. 
 'AiJ.ipiopKia, 41, b. 
 'An(pi<pCovTes, G22, b. 
 'A/icpiipopevs, 44, a. 
 "A/xcpmwos, 326, b. 
 ' AixtptirpoarvKos, 267, 'a. 
 AfuptTTpvpLVoi vrjes, 41, b. 
 'Aiupia-ffriTriats, 474, a. 
 'Afi(pl(TTOfios, 48, a. 
 Ampliitapae, 939, a. 
 An^tedKa/jLos, 493, 1). 
 Amphithcatrum, 4 1 . 
 AfKpufioaia, 41, b. 
 Ampbora, 44, a; 875, b ; 1046,a. 
 'Afi(popev!, 44, a. 
 'AfKpwTiSes, 809, a. 
 Ampliatio, 529, b. 
 Ampulla, 45, a. 
 Ampullarius, 45, a. 
 'AftTTuI, 45, a. 
 'AfiirvKTrip, 45, a. 
 Amuletuni, 45, b. 
 'Ava^aTTis, 321!, b. 
 'Aval3aeno(, 493, a. 
 'Ara^o\67?, 91 4, b. 
 'Aca/3oAeus, 4(1, a. 
 'Afa/coAuTTTjpia, 599, b. 
 'AvaKfia, 46, a. 
 ' Avdiuiov, 46, a. 
 ' AvaKfifj-eva, 354, b. 
 ' Avaiciv^fiara, 464, b. 
 'AvaK\r]Tripia, 46, b. 
 'AvaKAivoirdkri, 707, b. 
 ' AvaKKivTpov, 551, b. 
 'AvaK:o/«5);, 46, b. 
 'AcoKpitrij, 4(1, b. 
 ' Ai/dicTopov, 94 (i, b. 
 'AvaSiKia, (i3, a. 
 'Avayvuptcris, 983, b. 
 
 Anagnostae, 6, b. 
 'Avaywyrji Si'ktj, 46, b. 
 'Avaydyia, 47, a. 
 'Ava7Karoi', 197, a. 
 'Avi(popov, 105, b. 
 'Ai'dppv<ris, 56, b. 
 'Acaflri/uara, 354, b. 
 Anatocismus, 526, a. 
 'Avav/mxlov ypcufyq, 47, a. 
 "'Aral, 1 30, a. 
 'Afa^aySpeia, 47, a. 
 'Afa^upi'Se?, 159, b. 
 'A7x<crT6ia, 471, a; 473, a. 
 Anchor, 48, a. 
 Ancile, 47, a. 
 Ancilla, 516, b. 
 'AyKoiva, 881, a. 
 Ancora, 48, a. 
 'AyKv\T], 50, a ; 295, b. 
 Andabatae, 455, a. 
 'AuSpawoSiarixov ypacp'fi, 48, b. 
 'AvSpawSSuv 5i'k7), 48, b. 
 'AvSpeTa, 927, b. 
 'AfSpMS, 902, b. 
 'AvSpoyeuivta, 49, a. 
 'AvSpoA7)\|//o, 49, a. 
 'AvSpoK-qxl/iov, 49, a. 
 'AcSpoives, 493, b. 
 'AcSpciij'I'Tis, 492, b. 
 'Ac6\|/ia5ous, 473, a. 
 'Av€\I/l6s, 473, a. 
 'AvevBvvos, 401, a. 
 'AyyodriKTi, 511, b. 
 Augustus Clavus, 241, b. 
 Animadversio, Censoria, 645, a. 
 Aimales, 49. 
 
 Maximi, 49, a. 
 ,, Pontificum, 49, a. 
 Annalis, Lex, 16, b. 
 Annona, 49, b. 
 Annuli Aurei Jus, 825, a. 
 Annulorum Jus, 825, a. 
 Annulus, 824, a. 
 Airaus, 175, 176. 
 "Ai/oSos, 965, a. 
 "AvottKoi, 84, b. 
 Anquina, 881, a. 
 Anquisitio, 50, a ; 531, b. 
 Ansa, 50, a ; 418, a. 
 Antao, 50, b. 
 Aiiteambulones, 51, a. 
 Antecessores, 51, a. 
 Antecoena, 251, b. 
 Antecursores, 51, a. 
 Antefixa, 51, a. 
 
 Antemeridianum tempus, 339, b. 
 Antenna, 52, a. 
 Antepagmenta, 52, b. 
 Antepilani, 95, a. 
 Antesignani, 52, b. 
 Antcstari, 9, a. 
 'Acfleffcpo'pio, 52, b. 
 'Aveea-Ttlpia, 342, b. 
 'AvdeffTujpitiv, 175, b. 
 'Ai'dvTTw/j.ocria, 331, b; 336, a. 
 Antia Lex, 920, a. 
 Antiae, 268, b. 
 'AvTixf'poTOu'ia, 217, b. 
 Anticliresis, 760, a. 
 'AyTiSoCTij, 53, a. 
 'AvTiypa<l>-^, 5,3, b. 
 
 'AvTiy packets, 54, a ; 458, a. 
 
 'AcTi'Arj|iy, 331, b. 
 
 'AvTivdeia, 54, b. 
 
 Antiquarii, 570, b. 
 
 'AvTKjTpeTrra, 469, b. 
 
 AntUa, 54, b. 
 
 Antoniae Leges, 560, b. 
 
 ' AvTai/j-oala, 55, a. 
 
 "ArTuI, 55, b. 
 
 Anvil, 512, b. 
 
 'AvimoS-rjTos, 173, b. 
 
 'Aop, 457, a. 
 
 'A7ro7€Ao(, 56, a. 
 
 'Airaywy-ri, 56, a. 
 
 'AiraTT^aews roS Srip.ov ypa<pri, 
 
 56, a. 
 'Airarovpia, 56, a. 
 Apaturia, 56, a. 
 'ATTouAm, 599, b. 
 'Aivav\i(TT7)pia, 699, b. 
 'AireAeuflepia, 568, b. 
 'A-n-eAfuSfpos, 568, b. 
 ATreviavTi(xp.6s, 754, b. 
 Aperta Navis, 58, a. 
 A<peTa'i, 977, b. 
 'A<^6T^pia opyava, 976, b. 
 Apex, 57, a. 
 'A(pafii(STa.i, 294, b. 
 "Aipeo-is, 895, a. 
 A<piTo\ riixipai, 57, b. 
 'Acf>iSpufM, 902, a. 
 "AfKaiTTov, 58, b. 
 'A<popij.iji Si'/frj, 57, b. 
 Aphractus, 58, a. 
 'AippoStaia, 58, a. 
 Aplustre, 58, b. 
 'Airogdepa, 164, b. 
 AiroK-^pv^is, 59, a; 473, b. 
 'AiroxeipoToveiu, 71, b. 
 'Airox^ipoTOVLa, 217, b. 
 Apodectae, 59, b. 
 'A7ro'5e(rytios, 915, a. 
 Apodyteriura, 1 38, a. 
 'Awoyparpi^, 59, b. 
 'ATToiKia, 261, a. 
 "AtroiKoi, 243, a. 
 AttoAektoi, 406, a. 
 A7roA€i;|/6a>s Si'kt), 60, a. 
 'A7roAe7/ioi, 2, b. 
 Apollinares Ludi, 579, b. 
 'AiroAAtocia, 60, b. 
 'Airo/xaySa^'ia, 320, b. 
 'Airufioata, 60, b. 
 'ATrovifi\f/eus Si'kt), 60. 
 'Airocpava-ts, 60, b. 
 'AiT6<paats, 60, b. 
 'Awocpopd, 60, b. 
 Apophoreta, 61, a. 
 'AiTO(ppdS€s T^fi^pat, 61, a. 
 'A7r(ippa|is, 761, b. 
 'ATToppTJTO, 6 1 , a. 
 
 'AirocTTad'iov S'ikt}, 61, a. 
 'ATroCTToAeis, 61, b. 
 'A7roT€ixio'/''<{5, 1026, b. 
 Apotheca, 61, b. 
 Apotheosis, 61, b. 
 'AiroTiyuai/, 618, b. 
 'AiroTijUTjiaa, 358, a; 618, b. 
 ' AiTOTijXfn)Tai, 618, b. 
 Apparitores, 62, 1). 
 Appellatio (Greek), 62, b. 
 
INDEX. 
 
 Appelliitio (Roman), 63, h. 
 
 Applicationis Jus, 1"27, a. 
 
 Aprilis, 17(), b. 
 
 'hupoaraaiov ypaipi^, 64, a. 
 
 "Aiprtcpoi, 824, b. 
 
 Apuleia Lex, 520, a. 
 
 Apuleia Agraria Lex, 560, 1). 
 
 Apuleia Fnimentaria Lex, 560, b. 
 
 Apuleia Majestatis Lex, S8ii, b. 
 
 Aqua Caduca, 202, a. 
 
 Aquae Ductus, 64; 201, b. 
 
 Aquae Ductus Servitus, 864, b. 
 
 Aquae et ignis interdictio, 127, a. 
 
 Aquae Haustus Servitus, 864, b. 
 
 Aquae Pluviae Arcendae Actio, 
 66, b. 
 
 Aquarii, 66, b. 
 
 Aqueduct, 64 ; 201, b. 
 
 Aquila, 883, a. 
 
 Aquilia Lex. 313, a. 
 
 Aquilifer, 883, a. 
 
 Ara, 66, b. 
 
 Apoioo-TuAos, 265, a. 
 
 'Apdreia, 69, a. 
 
 Aratram, 69, a. 
 
 Arbiter, 529, a. 
 
 Arbiter Bibendi, 925, b. 
 
 Arbitria, 439, b. 
 
 Arbitraria Actio, 8, a. 
 
 Arbitrator, 329. 
 
 Arbitrium, 530, a. 
 
 'ApgvAn, 741, b. 
 
 'ApguAis, 741, b. 
 
 Arbusculae, 765, a. 
 
 Area, 71, a. 
 
 Arcera, 71, b. 
 
 Arch, 75, 430, a. 
 
 'Apxaipeaiai, 71, b. 
 
 'Apx')7eTT)r, 392, b. 
 
 'Apx^^ov, 72, a. 
 
 Archers, 833, b. 
 
 Archiater, 72, a. 
 
 Archimagirus, 252, a. 
 
 Archimimus, 439, b; 617, a. 
 
 Architcctura [Amphitlieatriim, 
 Aquae Ductus, Arcus, Basilica, 
 Bath, House, Templum, &c.] 
 
 'ApxiTeKrwv, 960, b. 
 
 'ApX'TeAwfTjs, 806, b. 
 
 'ApxiSioopos, 321, b; 961, b. 
 
 Archium, 932, a. 
 
 Archivum, 932, a. 
 
 Archon, 72, b. 
 
 "Apxwu, 72, b. 
 
 'Apx<ivris, 75, a; 944, a. 
 
 Arcifinius Ager, 30, b. 
 
 'ApfcTci'o, 160, b. 
 
 'ApKTeueic, 160, b. 
 
 "ApKTOi, 160, b. 
 
 Arcus, 75. 
 
 Arcus Triumphalis, 76, a. 
 Arcus, 76, b ; 77, a. 
 "ApKvs, 822, b. 
 'ApSoAioc, 77, b. 
 'ApSdvioi', 77, b. 
 'ApS(o%a, 428, b; 833, a. 
 ApSis, 833, a. 
 Area, 78, a; 435, a. 
 Areiopagus, 78. 
 
 Arena, 41, a ; 42, b. 
 Aretalogi, 80, b. 
 'ApydSets, 992, b. 
 Argei, 81, a. 
 Argentarii, 81, a. 
 Argentum, 81, b. 
 'Apyiai ypacp-rj, 82, b. 
 'Apyvp'iov Si'/cTj, 82, b. 
 ' ApyvpoKOTTfiov, 82, b; 621, a. 
 'Apyvpa/j-oiSos, 82, a. 
 'ApyvpTris, 82, a. 
 'ApyvpwvqToi, 866, b. 
 "Apyvpos, 81, b. 
 Argyraspides, 82, b. 
 'Apiddveia, 82, b. 
 Aries, 83, a. 
 
 "Apio-TO!/, 318, b; 319, b. 
 
 AiTna, Annatura, 83, b. 
 
 Armarium, 86, a. 
 
 Armamentarium, 86, a. 
 
 Armidoctores, 86, a. 
 
 ArmiUa, 86, a. 
 
 Anuilustriura, 87, b. 
 
 Armour, 83, b. 
 
 Anns, 83, b. 
 
 Army (Greek), 87.* 
 
 Army (Roman), 93. 
 
 Aromatites, 1048, a. 
 
 "ApoTpof, 69, a. 
 
 "Apovpa, 109, a; 748, a. 
 
 Arquatus, 98, b. 
 
 Arquites, 833, b. 
 
 Arra, AiTabo, or Arrha, Arrhabo, 
 
 98, b. 
 ' Ap[>r)(p6pia, 99, a. 
 'Appricpopoi, 99, a. 
 Arrogatio, 13. 
 Arrows, 833. a. 
 'ApaeviKov, 99, b. 
 Artaba, 99, b. 
 'ApTifilata^ 99, b. 
 Ai-teria, 100, a. 
 'Aprtaaixos, 713, a. 
 'ApTid^fiv, 7 1 3, a. 
 'ApTOTToiSs, 764, a. 
 'AproTrajAai, 320, b. 
 'AproTTwAiSei, 320, b ; 764, b. 
 Artopta, 764, a. 
 Artopticii, 764, a. 
 'ApTvafii, 1047, b. 
 Arvales Fratres, 100, a. 
 Arundo, 833, b ; 927, a. 
 Anira, 100, a. 
 Aruspiccs, 467, a. 
 'Apvraiva, 578, b. 
 As, 101, a. 
 Asamenta, 835, a. 
 ' AadfuvBos, 133, b. 
 Asbestos, 102, b. 
 'AcrxafTi)?, 552, a. 
 'Atr/cai/Aijs, 969, a. 
 Ascia, 103, a. 
 ^AcTKXTfnieia, 103, b. 
 'AtTKoi, 1047, a. 
 'AuKiiXia, 104, a. 
 'AaeSdas ypa<p7i, 104, a. 
 Asiarchae, 104, b. 
 'AcriAAo, 105, a. 
 'AaiTihi'iov, 58, b. 
 
 'Aair lUdKi), 58, b. 
 'Atrir/s, 245, a. 
 'A(T7ri(TTai', 84, b. 
 Assa, 149, b. 
 Assamenta, 835, a. 
 Assarius, 102, b. 
 Assentatores, 717, a. 
 Asseres Falcati, 407, b. 
 
 ,, Lecticarii, 550, a. 
 Assertor, 105, b. 
 Assessor, or Adscssor, 105, I). 
 Assiduitas, 36, a. 
 'AcTTpogr), 386, a. 
 'AarpdyaKos, 936, b. 
 Astragalus, 106, a. 
 'AtrrpaTd'as 7pa(fi7f, 106, b. 
 "AtTTuAos, 267, a. 
 Astynomi, 106, b. 
 'AcruAi'a, 107. 
 Asylum, 106, b. 
 Atavia, 254, b. 
 Atavus, 254, b. 
 'AreAem, 107, b. 
 Atellanae Fabulae, 107, b. 
 Aternia Tarpeia Lex, 560, b. 
 Athenaeum, 1 09, a. 
 Athletae, 109, a. 
 'ABKoeirai, 24, a ; 706, a. 
 Atia Lex, 560, b. 
 Atilia Lex, 537, a; 1020, b. 
 'Art/xia, 514, a. 
 "Ari^oy, 514, a. 
 Atinia Lex, 560, b. 
 Atlantes, 1 1 1, a. 
 Atnepos, 254, b. 
 Atneptis, 254, b. 
 "ArpaKTos, 445, 1). 
 Atramentum, 1 1 1, a. 
 Atrium, 112, b; 495, b. 
 'Arets, 113, b. 
 Atticurges, 1 1 3, b. 
 Auctio, 1 14, a. 
 Auction (sale), 114, a. 
 Auctor, 1 1 4, b. 
 Auctores fieri, 11 4, b. 
 Auctoramentum, 147, a; 454, b. 
 Auctorati, 454. 
 Auctoritas, 115, b; 856. 
 Auditorium, 115, b ; 803, a. 
 Aufidia Lex, 36, b. 
 Augur, 115, b. 
 
 Auguraculum, 121, a; 945, b. 
 Augurale, 121, a. 
 Auguratorium, 121, a. 
 Augm-ium, 348, a. 
 Augustales, 1 1 7, a. 
 Augustalia, 1 17, a. 
 Augustus, 182, a. 
 Avia, 254, b. 
 Aula, 658, b. 
 Aulaeum, 884, b. 
 AvXaia, 1028, b. 
 Ai3a4 112, b; 493, a. 
 Ai/Aeios 9-vpa, 493, a. 
 AuA7)Tpi'5es, 970, a. 
 AiAiuSia, 811, a. 
 AvA6s, 118, a; 969, a. 
 Aurelia Lex, 532, a ; 987, li- 
 Aiires, 70, a. 
 
 The initials [J^ N.] should be inserted at the end of this article. 
 
1094 
 
 INDEX. 
 
 Aureus, 119, a. 
 Aurichalcum, 1 G5, b. 
 Aurigae, 233, a. 
 Aunim, 1 1 8, a. 
 
 „ Coronarium, I'iO, a. 
 
 „ Lustrale, 120, a. 
 Aiispicium, 120, a. 
 Authentica, ()46, b. 
 Authcpsa, 121, b. 
 AvTo/j.o\ias 7pcK/)7j, 121, b. 
 Autonomi, 121, b. 
 AvToreAris StKrj, 63, a; 336, b. 
 Avulsio, 281, b. 
 Avus, 254, b. 
 Auxilia, 889, b. 
 Auxiliares, 889, b. 
 Auxiliarii, 889, b. 
 Axamenta, 835, a. 
 Axe, 845, a. 
 'A^lvv, 845, a. 
 Axis. 307, b. 
 Axle, 307, b. 
 "Aiav, 307, b. 
 "Amoves, 121, b. 
 
 B. B. 
 
 Babylonicum, 122, a. 
 
 Bacca, 621, a. 
 
 Bacchanalia, 343, b. 
 
 Bakers, 764, a. 
 
 B(^/f Tpoc, 1 22, a. 
 
 Baculus, 122, a. 
 
 BaKTTipia, 122, b ; 1004, b. 
 
 Baebia Lex, 560, b. 
 
 BaebiaAemilia Lex, 36, b; 561 ,b. 
 
 Bail (Greek), 382, b. 
 
 „ (Roman), 9, a. 
 BaAaca7pa, 777, a. 
 Ba\av€7ou, 1 33, a ; 577, b. 
 BaKavfvs, 578, a. 
 Ba\aco5rfK?;, 776, b. 
 Bd\avos, 776, b. 
 BaActpriov, 605, b. 
 Balatro, 122, b. 
 BaKSis, 346, a; 895, a. 
 Baldric, 123, a. 
 Balineae, 1 33, a. 
 Balineum, 1 33, a. 
 Balista, Ballista, 977, a. 
 Balistarii, 977, b. 
 Ball (game at), 428, a; 761, a. 
 BoAXiffjUoi', 712, b. 
 Balneae, 133, a. 
 Balnearium, 133, a. 
 Balneator, 135, a; 137, b. 
 Balneum, 133, a. 
 Baltearius, 124, a. 
 Balteus, 123, a. 
 Bankers, 81, a ; 613, a. 
 Banishment (Greek), 124. 
 Banishment (Roman), 126. 
 Baphium, 1 27, b. 
 Baptisterium, 138, b. 
 BapaOpov, 210, b. 
 Barathrum, 122, b. 
 Barba, 128, a. 
 Barber, 128, b. 
 BapgiTof, i 29, b. 
 BdpSiTos, 1 29, b. 
 
 Bardocucullus, 301, b. 
 BacraviuTal, 130, a. 
 Bdaauos, 129, b. 
 BacTKavia, 410, a. 
 Bascauda, 130, a. 
 Basket, 130, a. 
 Bacr'iKeia, 130, a. 
 Ba(7iA€us, 74, a ; 130, a. 
 Basilica (building), 130, b. 
 Basilica (legal work), 132, a. 
 Baa-i\t(T<Ta, 74, a ; 342, b. 
 Basterna, 1 33, a. 
 Bartjp, 895, a. 
 Baths, 133; 577, b. 
 Batillus, 145, b. 
 Baxa or Baxea, 145, b. 
 Beard, 128, a. 
 BfSauiatws AiKri, 146, a. 
 Beds, 551, a; 978, a. 
 Beer, 214, b. 
 Bell, 972, a. 
 Bellaria, 252, b. 
 Bellicrepa Saltatio, 838, a. 
 Bellows, 428, a. 
 BeAofT;, 11, b. 
 BeAoy'is, 11, b. 
 BtjAJi, 503, b. 
 Belt, 123, a. 
 Brj/Jia, 362, a ; 747, b. 
 BfvSlSeia, 1 46, a. 
 Beneficiiun Abstinendi, 476. 
 Bcneticiarius, 146, b. 
 Beneficium, 1 46, b. 
 Benignitas, 36, b. 
 Bes, 102, a; 570, b. 
 Bessis, 570, b. 
 Bestiarii, 147, a. 
 BiaiW Si'/cr), 147, a. 
 Bibasis, 147, a. 
 BigAfoi/, 567, a. 
 Bibliopola, 147, b. 
 Bibliotheca, 147, b. 
 BTkos, 148, b. 
 Bidens, 817, a. 
 Bidental, 148, b. 
 Bidiaei, 1 49, a. 
 BiSioioi, 1 49, a. 
 Biga or Bigae, 149, a. 
 Bi'ratus, 149, b. 
 Bids, 76, b. 
 Bipalium, 697, b. 
 Bipennis, 845, b. 
 Biremis, 149, b; 876, b. 
 Birnis, 149, b. 
 Bisellium, 846, b. 
 Bissextilis Annus, 1 82, a. 
 Bisscxtum, 181, a. 
 Bissextus, 1 82, a. 
 Bit (of horses), 4.32, a. 
 BAd§T]s AiK-n, 150, a. 
 BAauT?7, 839, a. 
 BAoiiTiK, 839, a. 
 BoriSp6f/.ia, 150, a. 
 BorfipopLidiv, 175, b. 
 Boeotarch, 150, b. 
 Boeotian Constitution, 150, b. 
 BuimrdpxV^-os, 150, b. 
 BoAi's, 206, b. 
 BwAofcoTTio, 817, a. 
 Bo/tSuAioj, 151, b. 
 Bombycinum, 860, b. 
 
 Bombyx, 860, b. 
 
 Bsajxos, 66, b. 
 
 Bona, 151, b. 
 
 Bona Caduca, 152, b. 
 
 Bona Fides, 153, a. 
 
 Bona Rapto, 153, b; 444, b. 
 
 Bona Vacantia, 153, b. 
 
 Bonorum Cessio, 153, b. 
 
 Bonorum CoUatio, 154, a. 
 
 Bonorum Emtio et Erator, 154, a. 
 
 Bonorum Possessio, 154, b. 
 
 Bononim Vi Raptorum Actio, 
 
 153, b; 444, b. 
 Books, 567, a. 
 Bookseller, 147, b. 
 Boots, 294, b. 
 Bowvai, 1 55, a. 
 
 Bopeatr/jLo'i or BopeacrpLds, 155, b. 
 
 B6(7Tpvxos, 268, b. 
 
 BoTavopLafTfia, 348, a. 
 
 Bottorarj', 524, b ; 527, a. 
 
 Botulus, 155, b. 
 
 BoCoi, 22, a. 
 
 BouAt;, 1 55, b. 
 
 BouA6U(T€«s 7pa(J)-)}, 159, a. 
 
 BovAevrripiov, 159, a. 
 
 Bov(p6via, 340, b. 
 
 Bov(p6vos, 340, b. 
 
 Bow, 76, b. 
 
 Boxing, 808, b. 
 
 Bpa€(2s, 24, a. 
 
 BpaSevTal, 24, a. 
 
 Bracae or Braccae, 1 59, b. 
 
 Brachiale, 87, a. 
 
 Branchidae, ()71, a. 
 
 BpaalSeia, 160, a. 
 
 Brass, 20, a. 
 
 Bpavpaivia, 160, a. 
 
 Breakfast, 251, a; 31 8, b; 319, b. 
 
 Breviarium, 160, b. 
 
 Breviarium Alaricianum, 160, b. 
 
 Bribery (Greek), 315, a. 
 
 ., (Roman), 36, b. 
 Bricks, 546, b. 
 Bridge, 1 6 1 , a. 
 Bridle, 431, b. 
 BpovTftov, 957, b. 
 Bronze, 164, b. 
 Brooch, 417, a. 
 BugAoj, 567, a. 
 Buccina, 167, b. 
 Buccinator, 19, a; 168, b. 
 Bucco, 108, b. 
 Bucculae, 246, b. 
 Bulla, 168, a. 
 Burial, 436, a; 440, a. 
 Buris, 69, b ; 70, a. 
 Bvaaos, 169, b. 
 Bustirapi, 169, a. 
 Bustuariae, 169, a. 
 Bustuarii, 1 69, a. 
 Bustum, 1 69, a. 
 Buxum, 1 69, a. 
 Byssus, 1 69, b. 
 
 C. K. K. X. 
 
 Ka€dpia. 1 69, b. 
 Ka/c7;7opi'as Aikt}, 1 70, a. 
 KaKoAoyias A'tKt], 170, a. 
 
INDEX. 
 
 KoKOTexrjwv A£k7), 170, b. 
 KdKwcris, 170, b. 
 Caetra, 216, a. 
 KaSiaKoi, 1 7 1 , a. 
 KiSos, 4.5, a; 171, a. 
 Caduceator, 171, b. 
 Caducous, 171, b. 
 Caducum, 152, b. 
 Cadus, 1 72, a. 
 
 Caocilia Lex de Censoribus,5()0,b. 
 Caecilia Lex de Vectigalibus, 
 
 561, a ; 778, a. 
 Caecilia Didia Lex, 561, a. 
 Caelatura, 167, b. 
 Caelebs, 536, a. 
 Caelia Lex, 930, a. 
 Caelibatus, 536, a. 
 Caerimonia, 828, b. 
 Caeritum Tabulae, 172, a. 
 Caesaries, 268, b. 
 KadSas, 210, b. 
 Kaifiv, 436, a. 
 Calamistrum, 172, a. 
 KdAafj.oi, 747, b. 
 Calamus, 172, a; 833, b. 
 Calantica, 172, a. 
 Calathiscus, 173, a. 
 Calathus, 1 73, a. 
 Calcar, 173, b. 
 Calceus, 1 73, b. 
 Calceamen, 173, b. 
 Calceamentum, 173, b. 
 Calculator, 175, a. 
 Calculi, 175, a, 
 Calda, 188, a. 
 Caldarium, 139, b. 
 Calendae, 178, a. 
 Calendar (Greek), 175. 
 Calendar (Roman), 176. 
 Calendarium, 176, b ; 41 1, a, 
 Calida, 188, a. 
 Caliga, 188, b. 
 Calix, 302, b. 
 KaWiyeveia, 965, a. 
 KaWiepfTv, 347, b. 
 KaWifTTfia, 1 89, a. 
 KaXoSdrris, 434, a. 
 KaXuSia, 880, b. 
 Kd\ot, 880. b. 
 Calones, 189, a. 
 Ka\6rovs, 429, a. 
 KaAws, 827, b. 
 
 Calpumia Lex de Ambitu, 36, b. 
 Calpumia Lex de Repetundis, 
 
 819, a. 
 Calvatica, 172, a. 
 KaAugas, 683, b. 
 Calumnia, 189, a. 
 Calumniae Judicium, 189, b. 
 Calumniae Jusjurandum, 189, b. 
 KaKv-nrpa, 1029, a. 
 Calx, 232, a. 
 Camara, 190, a. 
 KaMol, 467, b. 
 Camera, 190, a. 
 Cameos, 844, a. 
 CamiUus, 290, a ; 605, a. 
 Caminus, 500, b. 
 KdfMivos, 429, b. 
 Camp, 202, b. 
 Campestre, 190, a. 
 
 Campidoctores, 190, a. 
 KojUTTTrip, 895, a. 
 Campus Martins, 190, a. 
 Campus Sceleratus, 191, a. 
 Kacagoy, or KivvaSos, 191, a. 
 Canalicolae, 191, a. 
 Canalis, 191, a. 
 KdvaSpoy, 191, b. 
 Cancelli, 231, a. 
 Candela, 191, b. 
 Candelabrum, 191, b. 
 Candidarii, 764, a. 
 Candidati principis, 814, b. 
 Candidatus, 36, a; 975, a. 
 Candle, 191, b. 
 Candlestick, 191, b. 
 KacSus, 192, b. 
 Kdireuv, 193, a. 
 Canephoros, 193, a. 
 Canistnim, 193, a. 
 Kapwv, 818, b; 942, b. 
 Cantharus, 193, b. 
 KayBijA.m, 357, a. 
 Canthus, 308, a. 
 Canticum, 193, b. 
 Canvassing, 36, a. 
 Canuleia Lex, 561, a. 
 KaTT-nXuou, 208, b ; 209, a. 
 KairrjAoj, 209, a; 381, b. 
 Capillus, 268, b. 
 Capistrum, 194, a. 
 Capital (of columns), 266, a. 
 Capite Censi, 1 96, a ; 273, b. 
 Capitis Dominutio, 196, a. 
 Capitis Minutio, 196, a. 
 Capitolini, 580, a. 
 
 „ Ludi, 580, a. 
 Capitolium, 194. 
 KaTTvoSdKT), 494, b. 
 KairvonauTe'ia, 347, b. 
 Capronae, 268, b. 
 Capsa, 195, a. 
 Capsarii, 195, b. 
 Capsula, 195, a. 
 Captio, 773, b. 
 Capulum, 439, b; 549, b. 
 Capulus, 195, b. 
 Caput, 196, a. 
 Caput Extorum, 1 96, b. 
 
 „ Porcinum, 303, b. 
 CaracaUa, 196, b. 
 Career, 1 97, a. 
 Carceres, 231, a. 
 Carchesium, 197, b. 
 Cardo, 198, a. 
 Cardo, 30, a. 
 Ccirenum, 1 045, a. 
 Carmen Secidare, 582, b. 
 Carmentalia, 199, a. 
 Kapp(7a, 199, b. 
 Carnifex, 200, a. 
 Kapnala, 837, b. 
 Carpentura, 200, a. 
 Carpet, 938, b. 
 KapiroO A'tK-q, 200, b. 
 Cai-ptor, 252, a. 
 CaiTago, 200, b. 
 Carruca, 201, a. 
 Carrus, 200, b. 
 Kapiia, 201, a. 
 KapuoTi's, 201, a. 
 
 Carj^atis, 201, a. 
 
 Cassia Lex, 561, a. 
 
 Cassia Agraria Lex, 561, a. 
 
 Cassia Tabellaria Lex, 930, a. 
 
 Cassia Terentia Frumentaria Lex, 
 
 561, a. 
 Cassis, 406, b ; 822, b. 
 CasteUum Aquae, 201, b. 
 Castra, 202. 
 
 Castrense Peculium, 725, b. 
 Castrensis Corona, 289, a. 
 KardSXrifj-a, 881, a. 
 KaTaSA-q/jLUTa, 370, b. 
 KoTa§\rjTiK7j, 698, b. 
 KaTox^ipoToWa, 217, b. 
 Karax"'"'/"-'''''''? 868, b. 
 KoTa/fA7)(n'a, 361, b. 
 KarayoSyia, 47, a. 
 KarayuyLov, 208, b. 
 Catagrapha, 683, a. 
 KaTotTv^, 446, b. 
 KaTd\oyos, 206, a. 
 KaraKvcrebis -rov AvfJ-ov 7pa</)r{, 
 206, a. 
 
 Kara'Auo-is, 208, b ; 594, a. 
 
 KuTaircipaT-qpia, 206, b. 
 
 KaTa?r6A.TT)s, 977, a. 
 
 KaTttTreATiKT), 977, a. 
 
 KaTaTreTOfTyna, 1028, b. 
 
 Cataphracti, 206, b. 
 
 Catapirater, 206, b. 
 
 Catapulta, 977, a. 
 
 Cataracta, 206, b. 
 
 KaTaa-KOTnjs ypa^-q, 207, a. 
 
 Catasta, 872, b. 
 
 KaTacTpaliuaTO, 877, a. 
 
 Kararofiai, 956, a. 
 
 KoT-qyopia, 458, b. 
 
 Karriyopos, 922, a. 
 
 Cateia, 207, b. 
 
 Catella, 207, b. 
 
 Catena, 207, b. 
 
 KoT€77uoj', 335, b. 
 
 Catervarii, 455, b. 
 
 Kdeapats, 583, b. 
 
 Cathedra, 208, a. 
 
 Kae€Tr)>, 818, a. 
 
 Kct9oSoy, 965, a. 
 
 Catillus, 619, a. 
 
 Karoxft^s, 505, b. 
 
 KaToivaKTi, 734, a. 
 
 KaTii>vaKO(p6poi, 991, b. 
 
 Kdrovrpov, 890, b. 
 
 KaropvTTdv, 436, a. 
 
 Kdrpivos, 208, a. 
 
 Cavaedium, 495, b. 
 
 Cavea, 956, b. 
 
 Cavere, 209, b. 
 
 Cavi Mensis, 176, b ; 177, b. 
 
 Caupo, 208, b; 817, b. 
 
 Caupona, 208, b. 
 
 Causae Probatio, 238, a ; 725, b. 
 
 Causia, 209, b. 
 
 Causiae, 1044, a. 
 
 Kava-ts, 685, a. 
 
 KouTijpioi', 222, a ; 685, a. 
 
 Cautio, 209, b. 
 
 Cautio Muciana, 210, a. 
 
 Camm Aedium, 495, b. 
 
 KettSos, 210, b. 
 
 Cedit Dies, 551, a. 
 
1096 
 
 INDEX. 
 
 KfKp^<pa\os, 1 72, b. 
 
 Ceilings, 500, a. 
 
 Keip'ia, 551, b. 
 
 Celeres, 210, b. 
 
 Celerum Tribunus, 987, a. 
 
 K4\ris, 233, b. 
 
 KeAeucTTys, 778, a. 
 
 Celk, 210, b; 946, b. 
 
 Cellarius, 21 1, a. 
 
 Celt, 351, b. 
 
 Cenotaphium, 211, a. 
 
 Censer, 1018, a. 
 
 Censere, 855, b. 
 
 Censiti, 784, a. 
 
 Censores, 211. 
 
 Censoria Nota, 645, a. 
 
 Census, 212, a; 595, a. 
 
 Centesima, 1028, a. 
 
 Centesimae Usnrac, 526, a. 
 
 Centesiraatio, 3 1 G, b. 
 
 Centumviri, 212, b. 
 
 Centuria, 213, a; 273, b. 
 
 Centuriata Comitia, 27 3, a ; 996, b. 
 
 Centurio, 213, a. 
 
 Centussis, 102, b. 
 
 KTjTTOi'a &vpa, 494, a. 
 
 KrtTTos, 489, a. 
 
 Cera, 930, a; 931, b ; 951, b. 
 
 Cerae, 685, a. 
 
 Kepai'a, 52, a. 
 
 K6pajU6us, 418, a. 
 
 Kepuixiou, 417, b. 
 
 Ke'pa^os, 197, a; 417 b ; 939, b. 
 
 Kipas, 52, a; 77, b; 268, b; 824,a. 
 
 Ceratae Tabulae, 930, a ; 931, b. 
 
 KfpoTi'oc, 1056, b. 
 
 KepKiSes, 996, b. 
 
 Cerealia, 214, b. 
 
 Cerevisia, 214, b. 
 
 Cernere Hereditatem, 476, b. 
 
 Kripoypa<pia, 684, b; 685, b. 
 
 Ceronia, 215, a. 
 
 Ktpodxoi, 880, b. 
 
 Certamen, 1 09, b. 
 
 Certi, Incerti Actio, 215, a. 
 
 KripvKewi', 171, b. 
 
 Kr]pvKtov, 171, b. 
 
 Ceruchi, 215, a. 
 
 KTjpul, 215, a. 
 
 Cessio Bononira, 153, b. 
 
 Cessio in Jure, 537, a. 
 
 Cestius Pons, 1 62, b. 
 
 Cestnim, 683, b ; 685, b. 
 
 Cestus, 215, b. 
 
 Cetra or Caetra, 216, a. 
 
 Key, 238, b. 
 
 Chain, 207, b. 
 
 XaiTT), 268, a. 
 
 XoAkcTo, 216, b. 
 
 XoAK€ioy, 295, a. 
 
 Chalcidium, 216, b. 
 
 XaXKio'iKta, 217, a. 
 
 Xa\Kiafi6s, 926, a. 
 
 XaXKos, 20, a ; 21, a. 
 
 Xa\Kovs, 21, a. 
 
 XaXii/<$s, 431, b. 
 
 XapaKes, 1020, a. 
 
 Xafxevi/T}, 552, a. 
 
 Xajxivviov, 552, a. 
 
 Chariot, 149, a ; 307, b; 399, a. 
 
 Charistia, 217, a. 
 
 Xapiivwi KhlfxaKes, 957, b. 
 Charta, 567, a. 
 XeipeKnayfiov, 594, b. 
 XeipiSwTos Xnwv, 218, b. 
 Xeip6'ypa(pov, 219, a ; 923, b. 
 X(ip6ixaKTpov, 320, b ; 594, b. 
 Cheironomia, 217, a. 
 XeipoTocctj', 217, b. 
 XfiporovrjTol, 71, b. 
 XetpoTouia, 217, b ; 364, a. 
 X(AiS6yta, 217, b. 
 X^Awfri, 585, b ; 953, b. 
 XeAus, 585, b. 
 Xriixri, 217, b. 
 Cheniscus, 218, a. 
 X4puigov, 218, a. 
 X4pv^>fl, 218, a. 
 Xr]pw(rrai, 473, b. 
 Xi\iagx'ia, 91, a. 
 Chimneys, 494, b ; 500, b. 
 Chiramaxium, 218, b. 
 Chiridota, 218, b. 
 Chirographura, 219, a. 
 Chirurgia, 219. 
 Chisel, 351, b. 
 XiTwf, 1013, b. 
 
 „ 'AfififidaxaAos, 1015, a. 
 
 „ XeipiSwTos, 1015, a. 
 
 „ 'Erepo/xacrxaAos, \Ul5,h. 
 
 „ Sxio-To's, 1013,b; 1014,a. 
 
 ,, 2ToAiSaiT((y, 1015, a. 
 XiTwvia, 223, a. 
 XtTwvioi', 1 0 1 4, b ; 1 0 1 5, a. 
 XiTuuia-Kos, 1014, b ; 1015, a. 
 Xiciu, 638, b. 
 
 X\a7va, 544, a ; 551, a ; 701, a. 
 
 XAaiVioi', 701, a. 
 
 XAaci'Siof, 701, a. 
 
 XAac/j, 701, a. 
 
 XAavlcTKiov, 701, a. 
 
 Chlaniys, 223, a. 
 
 XAiSai', 268, b. 
 
 XAtSiiv, 86, a. 
 
 XAofia, 224, b. 
 
 XAoin, 224, b. 
 
 Xoai, 438, b. 
 
 Xoavoi, 429, b. 
 
 Xrfes, 342, b. 
 
 Xoevs, 226, a. 
 
 XoiviKis, 308, a. 
 
 Xo7m^, 224, b. 
 
 Xoiplvat, 804, a. 
 
 Xwfjia, 436, b. 
 
 Coragia, 224, b. 
 
 Choragus, 224, b. 
 
 Xwpls OiKuvvTes, 568, b. 
 
 Xupiov Ai'kt), 225, a. 
 
 Chonis, 225, a. 
 
 XoCs, 226, a. 
 
 Xpe'ous Ai'/cr), 227, a. 
 
 Xpr](TfjLoi, 347, a. 
 
 Xprj(TnoAoy[a, 347, a. 
 
 Xptfarripiov, 6G8, a. 
 
 Xpii^iLV, 681, a. 
 
 Kpv(T<lvT)Toi, 866, b. 
 
 Xpva6s, 118, a. 
 
 Chrysendeta, 227, a. 
 
 xeoi/ia, 227, b. 
 
 Xirpa, 227, b ; 658, b. 
 
 Xvrpoi, 342, b. 
 
 Ki§aiT(iy, 71, a. 
 
 K'tKivvos, 268, b. 
 Cidaris, 968, b. 
 Cider, 1048, b. 
 Cilicium, 227, b. 
 CiUiba, 612, b. 
 Cincia Lex, 228, a. 
 Cincinnus, 268, b. 
 Cinctus, 1015, b. 
 Cinctus Gabinus, 975, a. 
 Cingulum, 1068, b. 
 Cinerarius, 172, a. 
 Cineres, 440. 
 Ciniflo, 172, a. 
 Klwv, 265, a. 
 Ki'ocey, 437, b. 
 Cippus, 228, b. 
 Circenses Ludi, 232, b. 
 Circinus, 229, a. 
 Circitores, 205, b. 
 Circuitores, 205, b. 
 Circumlitio, 686, b. 
 Circumluvio, 35, b. 
 Circus, 229, b. 
 Circumvallation, 1026, b. 
 Cirrus, 268, b. 
 Cisium, 234, a. 
 Cista, 234, a ; 887, a. 
 Cistophorus, 234, b. 
 Cithara, 585, a. 
 Ki'flagis, 585, b. 
 Ki6apQ,dia, 811, a. 
 Citizenship (Greek), 234. 
 Citizenship (Roman), 237. 
 Civica Corona, 287, a. 
 Civile Jus, 539. 
 Civilis Actio, 8, a. 
 Civis, 237, b. 
 Civitas (Greek), 234, b. 
 Civitas (Roman), 237, a. 
 Clandestina Possessio, 523, a. 
 Clarigatio, 416, b. 
 KAaptuTtti, 294, b. 
 Classes, 273, b. 
 Classica Corona, 288, a. 
 Classicum, 286, b. 
 Clathri, 500, b. 
 Claudia Lex, 561, a. 
 Clavarium, 240, a. 
 Clavis, 238, b. 
 Claustra, 505, b. 
 Clavus, 239, a. 
 
 „ Annalis, 240, b. 
 Gubemaculi, 240, b. 
 
 „ Augustus, 240, b. 
 
 „ Latus, 240, b. 
 KApSouxoi, 947, a. 
 KAeiSoOxoi, 947, a. 
 KAds, 238, b. 
 KAe'iBpov, 505, b. 
 Clepsydra, 486, b. 
 Clerks(Athcnian), 157,b; 457,b. 
 KAi)poc(5/uos, 473, a. 
 KArjpns, 473, a. 
 KATjpouxi'a, 242, b. 
 KArjpovxoi, 242, b. 
 KArjT^pey, 243, b. 
 Clibanarii, 206, b. 
 KAlSavos, 429, b. 
 Cliens, 243, b. 
 Clicntela, 244, a. 
 KAi'/ial, 80,0, a ; 841, b ; 977, b." 
 
INDEX. 
 
 1007 
 
 KKimi, 320 ; 549, a; 551, a. 
 KAiJ'i'Sioj', 549, a. 
 Clipeus, "245, a. 
 CliteUae, 246, b. 
 Cloaca, 246, b. 
 Cloacarium, 247, b. 
 Cloacarum Curatores, 247, b. 
 Clocks, 486, a. 
 Clodiae Leges, 561. 
 KAOTTTJS A'ikij, 247, b. 
 Kvacpevs, 432, b. 
 Kvd<pos, 977, b. 
 Kvrinat, 308, a. 
 Kyrjiui's, G57, b. 
 KvfcpaAov, 551, b. 
 Knife, 303, a. 
 
 Knights (Athenian), 212, a. 
 Knights (Roman), 393, b. 
 Knockers, 506, a. 
 Coa Vestis, 248, a. 
 Coactor, 248, a ; 1028, a. 
 Cochlea, 248, a. 
 Cochlear, 248, b. 
 Cox^'dp'o", 248, b. 
 Codex, 249, a. 
 
 Codex Gregorianus and Hermo- 
 
 genianus, 249, a. 
 Codex Justinianeus, 249, b. 
 Codex Theodosianus, 250, a. 
 CodicilU, 953. 
 KwSiov, 551, b. 
 KdSwv, 972, a. 
 Kwea, 551, b. 
 
 Coelia or Caelia Lex, 930, a. 
 Coemptio, 603, a. 
 Coena, 250, b. 
 Coenaculum, 497, a. 
 Coenatio, 253, a. 
 Coenatoria, 252, a ; 926, b. 
 Coffin, 436, b; 440, a. 
 Cognati, 253, b. 
 Cognatio, 253, b. 
 Cognitor, 9, b ; 1 0, a. 
 Cognitoria Exceptio, 9, b. 
 Cognomen, 640, b. 
 Coheres, 476, a. 
 Cohors, 95, b. 
 KoiAoc, 956, b. 
 KoiToii'es, 493, b. 
 K(iAaKes, 717, a. 
 K(i>\aKpirai, 938, a. 
 KoA6(!s, 457, a. 
 Collatio Bononim, 154, a. 
 CoUegac, 255, a; 1059, a. 
 CoUegetarii, 553, a, 
 CoUegiati, 1059, a. 
 Collegium, 255, a; 1059, a. 
 Ko'XAtjitis, 166, b. 
 KoAAu§i<rTi/j, 21, a. 
 KoAAugos, 21, a. 
 Colobiura, 1015, a. 
 KoAwcai, 436, b. 
 Coloni, 785, a. 
 Colonia, 256, a. 
 Colony (Roman), 256, a. 
 Colony (Greek), 261, a. 
 Colores, 261, b. 
 Colossicotera, 264, a. 
 Colossus, 263, b. 
 KdAmr, 1014, b. 
 Colum, 264, b. 
 
 Colimibarium, 264, b. 
 Column, 265, a. 
 Columna, 265. 
 Columna Rostrata, 267, b. 
 Colus, 445, b. 
 Coma, 268, a. 
 Combs, 731, b. 
 KSfi-q, 268, a. 
 Comedy, 276, b. 
 Comes, 271, a. 
 Commissatio, 271, b. 
 Comitia, 271, b. 
 
 „ Centuriata,273,a; 996,b. 
 
 „ Curiata, 272, a. 
 
 „ Tributa, 275, a ; 994, b. 
 Commcatus, 275, b. 
 Commendationes mortuonmi, 421, 
 
 b. 
 
 Commentariensis, 275, b. 
 Commentarii Sacrorum, 774. 
 Commentarium 275, b. 
 Coramentarius, 275, b. 
 Commercium, 237, b. 
 Commixtio, 281, a. 
 Commissum, 275, b. 
 Commissoria Lex, 276, a. 
 Commodans, 276, b. 
 Commodatarius, 276, b. 
 Commodati Actio, 276, b. 
 Commodatum, 276, b. 
 KofM/jiSs, 983, b. 
 
 Comrauni Dividundo Actio, 276, a. 
 Comoedia, 276, b. 
 Koi/xuSla, 276, b. 
 Kufios, 225, b ; 276, b. 
 Compass, 229, a. 
 Compensatio, 279, a. 
 Comperendinatio, 529, b. 
 Comperendini Dies, 340, b. 
 Compitalia, 279, a. 
 Compitalicii Ludi, 279, a. 
 Competitor, 36, a. 
 Compluvium, 495, b. 
 Compromissum, 530, b. 
 Concamerata Sudatio, 139, b. 
 Conceptivae Feriae, 414, a. 
 Concha, 279, b. 
 Conciliabulum, 259, a. 
 Conciliarii, 106, a. 
 Concio, 996, a. 
 Concubina (Greek), 279, b. 
 Concubina (Roman), 280, a. 
 Concubinatus, 280, a. 
 Condemnatio, 10, a; 530, a. 
 Condictio, 7, a. 
 Conditivum, 280, b. 
 Conditorium, 280, a. 
 Conditurae, 1047, b. 
 Conductio, 574, b. 
 Conductor, 574, b. 
 K6i'Sv\os, 747, b. 
 Condus, 211, a. 
 Kdvetov, 372, a. 
 Confarreatio, 603, a. 
 Confessoria Actio, 280, b. 
 Confusio, 281, a. 
 Congiarium, 281, b. 
 Congius, 281, b; 875, b. 
 Kovia.rr)s, 719, b. 
 KofiTToSes, 991, b. 
 Conjiu'ati, 1013, b. 
 
 Conjuratio, 1013, b. 
 Connubiuni, 601, b ; 602, a. 
 Koivoiretov, 282, a. 
 Conopeum, 282, a. 
 Conquisitores, 282, a. 
 Consanguinei, 253, b ; 478, ;i, 
 Conscripti, 849, b. 
 Consecratio, 61, b ; 510, a. 
 Consensus, 656, a. 
 Consiliarii, 284, b. 
 Consilium, 284, b. 
 Coiisistorium, 803, a. 
 Consobrina, 254, b. 
 Consobrinus, 254, b. 
 Consponsor, 520, a. 
 Constitutiones, 282, a. 
 Consualia, 282, b. 
 Consul, 283. 
 Consulti, 573, b. 
 Consultores, 537, b. 
 Contestari, 573, a. 
 Contractus, 653, b; 656, b. 
 Controversia, 530, b. 
 Contubernales, 284, a. 
 Contuberiiiiun, 280, a; 284, a; 
 
 869, a. 
 Contus, 284, a ; 880, a. 
 Conventio in Manum, 601, b; 
 
 602, b. 
 Conventiones, 656, b. 
 Conventus, 284, b ; 798, b ; 799. 
 Convicium, 517, a. 
 Convivium, 925, a ; 926, b. 
 K07I, 171, b. 
 Ko'71 o^7ra|, 374, a. 
 Cooks, 321, a. 
 Ciioptari, 255, b; 773, b. 
 Kondvov, 622, a. 
 KwTTT), 195, b; 879, b. 
 Ko7rT€ic, 507, a. 
 Cophinus, 284, b. 
 Kcmls, 502, b. 
 Kopo^, 506, a. 
 Corbicula, 285, a. 
 Corbis, 285, a. 
 Corbitae, 285, b. 
 Corbula, 285, a. 
 Cordage, 880, b. 
 K(Sp5a|, 277, b. 
 KopivB'ia Kop-q, 481, b. 
 Kopirfliafedflai, 481, b. 
 Cornelia Lex Agraria, 561, b. 
 „ de Falsis, 40(), b. 
 „ de Injuriis, 517, b. 
 „ Judiciaria, 562. 
 „ Majestatis, 588, b. 
 „ Nummaria, 406, b. 
 „ de Proscriptione et 
 Proscriptis, 797, a. 
 „ deSacerdotiis,774,a. 
 „ de Sicariis et Vene- 
 
 ficis, 285, b. 
 „ Sumtuaria, 920, a. 
 „ Testamentaria,406,b. 
 ,, Unciaria, 561, b. 
 Comeha Baebia Lex de Ambitu, 
 561, b. 
 
 Cornelia Fidvia Lex do Ambitu, 
 
 36, b. 
 Comicines, 1 !), a. 
 Cornu, 286, b. 
 
1098 INDEX. 
 
 Cornua, .5*2, a; 568, a ; .586, a. 
 
 KoupecUrts, 57, a. 
 
 L uieus, Joo, a ; oui, b ^ o/ o, b. 
 
 Corona, 286, b. 
 
 Koupei/s, 128, b. 
 
 w/iA <*Tip *;qq -1 
 rvuAiiriF, oyy, a. 
 
 C'UUeus, Joo, a ; oUl, b> 
 
 Castrensis, 289, a. 
 
 L/OWl, oOl , D. 
 
 ^, Uivica, Jo / , a. 
 
 KpQ^^aros, 552, a. 
 
 /'tilim '4nO n . ,1(1*7 .-1 
 
 L'Uiina, oUJ, a ; 4y/, a. 
 
 Ulassica, ^oo, a. 
 
 KpaoT?, y^/ , D. 
 Kpctvos, 446, a. 
 
 KyAio-WT?, 302, b. 
 
 .„ Convivialis, 290, b. 
 
 
 „ ritnisca, jyi, a. 
 
 Crapula, 104/, u. 
 Kpcio'TreSoz', 544, a. 
 
 IVl^Al^, oUJ, D, 
 
 r u neons, ^urj^ u. 
 
 i^uiud, ou^, a* 
 ,, lata, oUt5, a. 
 
 „ Lenmiscata, 291, a. 
 
 ivparrip, jyb, D. 
 
 „ LiOnga, 291, a- 
 
 rate&, jy/, a* 
 
 „ ievis, oUo, a< 
 
 „ iviuraiis, Jiijo^ D. 
 
 Kpea'ypa, 466, b. 
 
 ^, levissima, 303, a. 
 
 „ iNataiitKi, SvL^ a. 
 
 Creditor, 656, a. 
 
 i.'Uiier, oUo, a. 
 
 ,, i^avdiis, ^oo, (I. 
 
 rvpt^pwAw, oil, u. 
 
 VlllLldllUS, OUo, !?• 
 
 ,, IN UpiiailS, ZcrU, D, 
 
 Kp607rc<jA.6foi', 586, b. 
 
 IVUjUpCtAwI/, Oil, D. 
 
 „ L/osiuionaiis, jo/, a. 
 
 KpeoTTcoATjs, 586, b. 
 
 KiniR-n '^1 1 K 
 IVl/jUpT/, Oil, b. 
 
 „ Oleagina, 289, b. 
 
 urepi, ooo, a. 
 
 Ciinabula, ol2, a* 
 
 uvaiis, Joy, D. 
 
 L/repiaa, jy/, D. 
 
 K.vve7)^ 446, a. 
 
 ,, X aciiiis, jyi, a. 
 
 crepiames, lUoo, a. 
 
 Kyj'Tj'ycTi/coi' deuTpov^ 1029, b. 
 
 „ Pampinea, 291, b. 
 „ r^iectuis, jyi, a. 
 
 K.p?)7riy, jy/, b. 
 
 Cuneus, 303, b ; 956, b. 
 
 Creppi, 583, a. 
 
 Cuniculus, 304, a. 
 
 „ XidUitlUt, (!• 
 
 Prrttn 0^0 o 
 
 ^leid, ^oj, a. 
 
 \„upd, OO-, D , 1U**0, b. 
 
 ,, xvObcraia, joo, a. 
 
 Cretan Constitution, 293, b. 
 
 KyTTcAAoi', 41, a. 
 Cura Bonorum, 305, b. 
 
 „ Sacerdotalis, 290, a. 
 
 Cretio Hereditatis, 476, b. 
 
 ,, Sepulchralis, 290, b. 
 
 Kpt/cos, 506, a ; 511, a. 
 
 „ bononam absentis, 305, b. 
 
 oUuiis, jyi, a. 
 
 Crimen, 29 / , b. 
 
 „ bononim et ventris, 305, b. 
 
 
 Crimina Extraordinaria, 298, a- 
 
 „ iieieuiLdiis, OUO, o. 
 
 Xonsilis, 291, a. 
 
 Lrinis, Jbo, D. 
 
 hereditatis jacentis, 305, b. 
 
 „ 1 orca, jy 1, a. 
 
 Kpios, 83, a. 
 
 Morum, 645, a. 
 
 ,, Tnuniphalis, 289, a> 
 
 Crista, 446, b. 
 
 
 l/'ill.ii.lt. Otto o 
 
 vaiiaris, Joy, a. 
 
 ivpfTai, jyo, D, 
 
 Curator, 304, a. 
 
 C oronarii, 862, a< 
 
 \^pf-Qo^Q.vT^lo,^ 34/, b» 
 
 v iiicllUiea, OUO, U» 
 
 Kopwz'Tj, .506, a. 
 
 tvpoipvAos, Joo, a. 
 
 ,, Alvei et Riparum,306,a. 
 
 Coronix, .591, b. 
 
 Kpo/c7/, 941, a. 
 
 ,, Annonae, 306, a. 
 
 Corporati, 2.55, a; 1059, a. 
 
 docoia, jyo, D* 
 
 ,, Acjuarum, 66, a. 
 
 C'Orporatio, 25o, a^ 1059, a. 
 
 Kpoj'toc, 299, a* 
 
 „ Ivaiendarii, .306, a. 
 
 Corpus, 255, a. 
 
 OrooK, / o J, D. 
 
 „ Ludoiiim, 306, a. 
 
 Corpus Juris Civilis, 291, b. 
 KoppTj, /copcTj, 268, a. 
 
 V..lUSh, OUU, d. 
 
 Operum Publicoruni, 
 
 KpotTffot, 422, a. 
 
 306, a. 
 
 Correus, 656, a. 
 
 Crotalistria, 299, a. 
 
 ,, Regionum, 306, a. 
 „ Reipublicae, 306, a. 
 
 Corrigia, S7 b j 1 / 4, b. 
 
 Crotalum, 299, a. 
 
 t ortma, 292, a. 
 
 Kpofcti', t^O / , a. 
 
 ,, \ larum, 1036, b* 
 
 KopvSavT€$^ 292, a. 
 
 Kpou^a, 311. b. 
 
 KpOl/TTc^tCE, 31 1 , b. 
 
 Crown, 286, b. 
 
 tvuppacTfa, / b.5, a ; ybo, u. 
 
 Kopv€auTiKd^ 292, b. 
 
 Kilnflc/c 1 00 0 
 IVl/ppCl^, 1 d. 
 
 Kopv^avT KTfjLos^ 292, a. 
 
 V UI Id, OUU, U. 
 
 Kcijpu/coy, 144, b. 
 Kopu/ijoos, Joo, a ; jyj, o. 
 K.opvuT}^ i 32, b. 
 Kopu<^aia, 432, a. 
 Kopys, 446, a. 
 
 Crucifixion, 300, a. 
 
 (_ unae, 30b, b. 
 
 KpyTTTTj, jyy, a. 
 
 C uriales, 259, a. 
 
 KpyTTTfict, 299, a* 
 
 Curiata Coniitia, 2/2, a. 
 
 KpiiTrTict, jyy, a. 
 
 Curio, 306, b. 
 
 KpfTTToi, 300, a. 
 
 „ IVidAlIllUS, OUI), U , / Ucr, a. 
 
 Ti", tntin-Ac oo^ 
 
 ivwpuTOi, ^.'o, at 
 
 Crusta, 227, a ; 377, b. 
 
 ICt/pios, 30/, a> 
 
 Corvus, 292, b. 
 
 Lmx, oOU, a. 
 
 Cursores, 30/, b. 
 
 Corycaeum, 144, b. 
 
 Lrypta, oVfU, b. 
 
 Cursus, 233, a. 
 
 Corytos, jyd, a, 
 
 Cryptoporticus, 300, b- 
 ivreis, / oJ , b. 
 
 Curules Magi stratus, 58 /,b* 
 
 Kojs, ly/, a. 
 
 Curulis Seila, 846, a. 
 
 Cosmetac, 293, a. 
 
 KT7?/uaTa, 381, b. 
 
 Curriculum, 30/, b. 
 
 Cosnietcs, 463, a. 
 
 Ctesibica Machina, 55, a. 
 
 Currus, 30/, b. 
 
 Cosmetriat?, 293, b. 
 
 l\i'a(703, oil, a. 
 
 Cuspis, 46/, b. 
 
 Cosmi, jyo, D. 
 
 uubicuiarii, .^Ui, a j / oo, b. 
 
 Custodes, 345, b. 
 
 Kotr/xoyTpfo, 676, b. 
 
 L-Linicuium, oUi, a ; 4yo, b. 
 
 Custos Urbis, /8/, a. 
 
 Cothurnus, 294, b. 
 
 KujSnTTctt' CIS p.(x')(CiLp(is .J6l, a. 
 
 Ku07jpo5i/cT7S', 740, b. 
 
 KoTfvoy, 664, b. 
 
 Kf/Sio'TTjTTjpes, 301, a ^ 83/, b. 
 
 v-\aiiius, oii,aj o/o, b. 
 
 KoTTajSetoi', 295, a. 
 
 i^uDitoria, JoJ, b. 
 
 cias, oil, b. 
 
 KoTTct^iof, 295, a. 
 
 \^uuiL, oi/i,a> 
 
 \_' y jii ud, oil, u. 
 
 KoTTapos, jyo, a. 
 
 L-ubiius, oUi, a. 
 
 ^^T»Yll-lol OOO .1 . 1 1 
 
 !_^^iuDai, jyy, a ; oil, a. 
 
 KfiTTUTes, 296, a. 
 
 ivupoy, owi, a , i/'t/ , o. 
 
 Cymbabstria, .312, a. 
 
 i\oTuA7j, jyo, a. 
 
 V/Uuus, oui , a. 
 
 Cymbal um, 311, b* 
 
 KoTHTTia, jyb, a. 
 
 j\u/fACi, oU/, a- 
 
 
 
 KutfAoy 31 ], b. 
 
 
 Couches, 549, a. 
 
 Cuculhis, 301, b. 
 
 
 Covinarii, 296, b. 
 
 Cudo, 301, b. 
 
 
 Covinus, 29{), a. 
 
 Culcita, 552, b. 
 
 
/ 
 
 INDEX. 
 
 1099 
 
 D. A. 
 
 Dactyliotheca, 31-2, b. 
 AcfSovxos, 373, b. 
 AaKTv\iov, 824, a. 
 AaKTvAos, 747, b. 
 Daggers, 800, b ; 882, b. 
 AaiSaAa, 3 1 2, b. 
 Aui'y, 932, a. 
 Aafitovpyoi, 323, a. 
 Damni Injuria Actio, 313, a. 
 Damnum, 302, a ; 313, a. 
 Damnum Infcctum, 313, b. 
 Aafxaaia, 313, b. 
 AavaKf], 31 3, b. 
 Dancing, 836, a. 
 Adveta/j.a, 525, a. 
 Aa(pvT)fopta, 3 1 3, b. 
 Aa<pvri(p6pos, 314, a. 
 AdiTis, !)38,b. 
 Dare Actionem, 9, a. 
 AapemSs, 314, b. 
 Daricus, 314, b. 
 Day, 339, a. 
 Debitor, 0'56, a. 
 A(KaSapxla, 3 1 5, a. 
 AeKaSovxoi, 315, a. 
 AeKapx'a, 315, a. 
 A(Ka(Tfi6s, 315, a. 
 AeKd(TTv\oi, 2()5, a. 
 AfKarevetv, KiO, b. 
 AeKaVr;, 31 7, b; 639, a; 944, b. 
 A€/(OTi;Ao7oi, 317, b. 
 AeKarevTai, 317, b. 
 AfKaTevrijpiov, 317, b ; 944, b. 
 AfKaTwvai, 317, b. 
 December, 176,b. 
 Decerapeda, 315,b; 747,a. 
 Decemviri, 315, b. 
 
 „ Legibus Scribendis, 
 
 315, b. 
 
 „ Litibus Judicandis, 
 
 1040, a. 
 „ Sacris Faciundis, 
 
 316, a. 
 Deciraatio, 316. a. 
 Deciraatnis, 815, b. 
 Decretum, 316, b ; 856, b. 
 Decumae, 316, b. 
 Decumani, 317, a. 
 Decumani Agri, 316, b. 
 Decumates Agri, 316, b. 
 Decuncis, 570, b. 
 Decuria, 95, b. 
 Decuriae, 450, b ; 850, a. 
 Decuriae Judicum, 532, a. 
 Decuriales, 1058, b ; 1059, a. 
 Decuriati, 1058, b; 1059, a. 
 Decuriones, 95, b ; 259, a ; 306, 
 
 b; 1058, a. 
 Decurrere, 440, b. 
 Decursoria, 1 62, a. 
 Decussis, 102, b. 
 Dcdicare, 355, a. 
 Dedicatio, 402, b ; 510, a. 
 Deditio, 317, b. 
 Dediticii, 317, b. 
 Deductores, 36. a. 
 Defensores, 802, a. 
 
 Defrutum, 1045, a. 
 
 Aj)7/io, 432, a. 
 
 AfiKeAnrToi', 317, b. 
 
 Aftyna, 318, a. 
 
 Dejectum Effiisum, 318, a. 
 
 Dejecti Effusive Actio, 318, a ; 
 1043,b. 
 
 A€i'A.77, 339, a. 
 
 AeiXias ypa(pri, 318, a. 
 
 AeiTTTOAoyoi, 318, b. 
 
 Afitrvov, ;J18, b. 
 
 AciTTco^cSpoi, 677, a. 
 
 Delator, 321, a. 
 
 Delia, 321, a. 
 
 ArjAia, 321, a. 
 
 Delictum, 297, b. 
 
 Delphinae, 230, b. 
 
 Delpliinia, 322, a. 
 
 Ae\(plvia, 322, a. 
 
 Ae\ipiu, 322, a. 
 
 AeAipi'y, 322, a. 
 
 Dclubrum, 945, b. 
 
 Artfxayayo'i, 922, b. 
 
 Deraarchi, 322, b. 
 
 An^lMpxot, 322, b. 
 
 Ariixriyopoi, 922, 1). 
 
 Demons, 304, b ; 305, b. 
 
 Demensum, 322, b ; 874, a. 
 
 Dementia, 305, b. 
 
 Demetria, 322, b. 
 
 Dcminutio Capitis, 196, a. 
 
 Ari/xioirpaTa, 323, a. 
 
 Anifxios, 130, a. 
 
 Ariniovpyoi, 323, a. 
 
 Demiurgi, 323, a. 
 
 Aeyiviov, 551, b. 
 
 AtifidKoivos, 372, a. 
 
 Demonstratio, 1 0, a. 
 
 A-qfioTToirjTos, 323, a. 
 
 Arj/Mos, 323, b. 
 
 Arj^otrioi, 323, a. 
 
 Anj/xoaios, 372, a. 
 
 Ari/jLOTM, 324, a. 
 
 Demus, 323, b. 
 
 Denarius, 325, a. 
 
 Denicales Feriae, 413, b ; 442, b. 
 
 Dentale, 69, b ; 70, a. 
 
 Dentifricium, 326, a. 
 
 Depensi Actio, 520, b. 
 
 Deponens, 326, a. 
 
 Deportatio in insulam, 126, b. 
 
 Deportatus, 126, b. 
 
 Depositarius, 326, a. 
 
 Depositi Actio, 326, b. 
 
 Depositor, 326, a. 
 
 Dcpositum, 326, a. 
 
 Ae'pjuo, 733, a. 
 
 Derogare legem, 559, a. 
 
 Ae^pis, 227, b. 
 
 Dcsertor, 326, b. 
 
 Designator, 439, b. 
 
 Ae<TfiO(pv\aKei, .372, a. 
 
 Ai(TjxwT/ipiov, 197, a. 
 
 AiaTToawvavrai, 236, b. 
 
 Desultor, 326, b. 
 
 Detcstatio Sacronim, 449, a. 
 
 Aivr(paywvtaTT/is, 483, b. 
 
 AtvTfpoiroTnoi, 438, a. 
 
 Deversorium, 208, b. 
 
 Deunx, 102, a ; 570, b. 
 
 Dextans, 102, a; 570, b. 
 
 Diadema, 327, a. 
 AiojSaT^pia, 327, b. 
 AiaxfipoTovia, 217, b. 
 AiaSi/cotri'o, 327, b. 
 
 „ T^5 i-n-mKripou, 389, b. 
 AiaS<^o-eir, 332, b ; 961, a. 
 Diaeta, 253, a ; 497, b. 
 Diaetetica, 327, b. 
 Aiaypa<l>(h, 371, a. 
 AfaiTK, 327, b. 
 AianriTal, 329, a. 
 AiaiTTjTiK^, 327, b. 
 Dialis Flamcn, 424, b. 
 AiafiapTvpia, 332, a. 
 Aio/uao'Ti'-yaKTis, 332, b. 
 Aiovo/uai, 332, b ; 961, a. 
 Aiacpavij e'lfMUTa, 332, b. 
 Aia\ln^(piais , 333, a. 
 Diariimi, 322, b ; 874, a. 
 Aidaia, 333, b. 
 AmcTTuAos, 265, a. 
 Diatreta, 1054, a. 
 AlavKos, 893, b ; 895. 
 Aiafoj/io, 915, a. 
 Amfw/iOTo, 956, a. 
 AiKa(TTr]piov, 333, b. 
 Ai/caffTTji, 334, a. 
 AiKaaTiKov, 335, a ; 1004, a. 
 Dice, 947, b. 
 Dice-box, 432, a. 
 AiKi], 335, a. 
 
 „ dyeupy'iov, 22, a. 
 
 „ a'tKias, 31, b. 
 
 „ d/xeXiov, 37, b. 
 
 „ dvayuyris, 46, b. 
 
 ,, dvddtKos, 63, a. 
 
 „ dfSpaTrSSoiv, 48, b. 
 
 ,, aTToAei'iJ/ecus, 60, a. 
 
 ,, OTTOTreV'I'fwy, 60. 
 
 „ duoaraaiov, 6 1 , a. 
 
 ,, oiro avfjL^oKwv^ 9 1 8, b. 
 
 „ dpyvpiov, 82, b. 
 
 „ auT0T6A^s, 63, a ; 336, b. 
 
 „ drpopiJ.rjs, 57, b. 
 
 „ /SegaiaJtreioj, 146, a. 
 
 „ lliaiuy, 147, a. 
 
 „ /SAagTjs, I50,a. 
 
 „ eyyiiris, 383, a. 
 
 „ efjifi-qvos, 378, b. 
 
 „ (nvopiKri, 378, b. 
 
 ,, evouciov, 383, a. 
 
 „ 6^aipe(76wj, 402, a. 
 
 „ e^ouATjs, 405, a. 
 
 „ hnrpinpapxVf^aTos, 1 00 1 ,a. 
 
 ,, (iriTpoTrfjs, 392, a. 
 
 „ KaKrjyopias, 17 
 
 „ (fO/(:oAo7ias, 170. a. 
 
 „ KaKOTexl'l^^^, 170, b. 
 
 „ Hapnov, 200, b ; 383, a. 
 
 „ KAoTrris, 247, b. 
 
 „ \enrofiapTvp'wv, 606, a, 
 
 „ \oiSopias, 170, a. 
 
 „ /iio-SoG, 618, b. 
 
 „ fjLKjBdaiws otKov, 618, a. 
 
 „ oi'/fi'oy, 658, a. 
 
 „ ova'tas, 405, a. 
 
 „ TTOpOKOTae^lfTJS, 713, a. 
 
 „ TTpoiia(popas, 7!)6, b. 
 
 „ irpoiKos, 358, b. 
 
 „ (tWuv, 886, a. 
 
 „ 'S.Kvp'ia, 844, b. 
 
1100 
 
 INDEX. 
 
 AiVr) ffvfifio\aiuv, or (TuvBtikSiv 
 irapafido'fws, 918, a. 
 „ <l>opds d<pavovs Kai fiedrj/jie- 
 
 p'lvrjs, 755, a. 
 „ xP^""^^ 226', a. 
 „ -25, a. 
 
 „ ^evSofiapTvpiwv, (j07, b. 
 A'lKiWa, 572, a; 817, a. 
 Aixopia, !)84, b. 
 Dicrota, 14,0, b. 
 Dictator, 1)37, a. 
 AtKrvvvia, 339, a. 
 Alktvov, 821, b. 
 Didia Lex, 920, a. 
 AiSpaxfji-oi', 3G0, a. 
 A(5jp6j, 494, a. 
 Dies, 339, a. 
 „ comitiales, 340, b. 
 „ compereudini, 340, b. 
 „ fasti, 340, a. 
 „ foriati, 4 1 3, b. , 
 „ festi, 340, a. 
 „ intercisi, 340, a. 
 „ nefasti, 340, a. 
 ,, proeliales, 340, b. 
 „ profesti, 340, a. 
 „ stati, 340, b. 
 Ditfarreatio, 349, a. 
 Digcsta, 708, a. 
 Di-itaUa, 592, b. 
 Diyitus, 747, a. 
 AiiTToAeia, 340, b. 
 AiiTToAia, 340, b. 
 Dilatoria Exceptio, 9, b. 
 Diligentia, 303, a. 
 Dimachae, 341, a. 
 Ai/udx<"i 341, a. 
 Dimacheri, 455, b. 
 Dimensinii, 874, a. 
 Diminutio Capitis, 1 90', a. 
 Dinner, '251, b; 319, b. 
 AtuSe\ia, 901, a. 
 AiciSoXov, 360, a. 
 AioKAfia, 341, a. 
 Aiu/j.oo'ia, 55, a. 
 AiovvcTLa, 341. 
 
 „ KaT dypovs, or /xiKpd, 
 34-2, a. 
 
 „ if a<7T€i, or fieyaAa, 
 343, a. 
 Dionysia, 341. 
 AioaKovpia, 345, a. 
 Aiocrr;/ie?a, 348, a. 
 Diota, 345, a. 
 AiTTTepos, 265, a. 
 Aicpdepa, 345, a. 
 Ai(peipai, 567, b. 
 Ai(ppos, 309, a. 
 Ai'irAal, 700, b. 
 AiTTAoiSioi', 1014, b. 
 AiTTAois, 703, a ; 1014, b. 
 Diploma, 345, a. 
 AiTToAeia, 340, b. 
 Aiirpupoi N'^CF, 41, b. 
 Ai'tttuxo, 345, a. 
 Diptycha, 345, a ; 931, a. 
 Directa Actio, 8, a. 
 Diiibitoves, 345, a. 
 Discessio, 852, a. 
 Discipula, 1033, a. 
 AlaKovpa, 345, b. 
 
 Discinctus, 1015, b. 
 Discus, 345, b. 
 Dispensator, 175, a. 
 Distaff, 445, b. 
 Dithyrambus, 226, a. 
 Diversorinm, 208, b. 
 Dividiculuni, 201, b. 
 Divinatio, 346, b. 
 Divinatio (law-temi), 348, b. 
 Divisoros, 36, b. 
 Divorce (Greek), 60 ; 601, b. 
 
 „ (Roman), 348, b. 
 Divortium, 348, b. 
 AoKava, 349, b. 
 AoKifiaaia, 349, b ; 384, b. 
 Dodrans, 102, a; 570, b. 
 Dogmatici, 350, a. 
 Doiabella, 351, b. 
 Dolabra, 351, b. 
 AoKixoSpo/xot, 895, b. 
 Ao'Aixus, 894, a ; 895. 
 Doliura, 352, b; 1045, b. 
 De Dolo Malo Actio, 302. 
 Dolus Mahis, 30'2, a. 
 AwftaTia, 493, b. 
 Dominium, 352, b. 
 Dominus, 353, a. 
 
 „ Funeris, 439, b. 
 Domitia Lex, 773, b. 
 Donnis, 494, b. 
 Dona, 354, b. 
 Donaria, 354, b. 
 Donatio Mortis Causa, 356, a. 
 Donatio Propter Nuptias, 356, b. 
 Donationes inter Virum et Ux- 
 
 orem, 356, b. 
 Donativum, 281, b. 
 Door, 493, a. 
 Aopd, 733, a. 
 Awpa, 355, a. 
 Aopdiwv, 467, b. 
 AoparoOr)K7t, 4(i7, b. 
 AopiaKoiToi, 866, b. 
 Dormitoria, 496. 
 AcopoSoKtas ypa(pi^, 315, a. 
 Atipwv ypacpT^, 3 1 5, a. 
 Aupo^evlas ypa(p-^, 1066. b. 
 Aopireia, 56, b. 
 Aopiria, 56, b. 
 AopiTov, 318, b. 
 Dorsuarius, 357, a. 
 Aopv, 4()7, b. 
 
 Aopv<p6poi, 4()7,h ; 106(!, b. 
 Dos (Greek), 357, b. 
 
 „ (Roman), 358, b. 
 
 „ adventicia, 358, b. 
 
 „ profecticia, 358, b. 
 
 „ recepticia, 358, b. 
 Dossuarius, 357, a. 
 AoitiVt), 357, b. 
 AoCAos, 866, b. 
 Dowry (Greek), 357, a. 
 
 „ (Roman), 358, b. 
 Drachma, 359, b. 
 Apax/J-v, 359, b. 
 Draco, 883, b. 
 Draconarius, 883, b. 
 Draughts, game of, 548, b. 
 Apeirdv-q. 40(), b. 
 Apiiravov, 406, b. 
 Apotrai, 436, b. 
 
 Apo/itdi^tpiov ^nap, 41, a. 
 ApSfios, 895, a. 
 Di-um, 1025, a. 
 Ducenarii, 360, b. 
 Ducentesima, 361, a. 
 Duella, 1056, b. 
 Duilia Lex, 56'2, a. 
 Duilia Maenia Lex, 562, a. 
 Dulciarii, 764, a. 
 Avfiavdrai, 991, b. 
 Avfidves, 991, b. 
 AuvaaTe'ia, 294, a. 
 Duodecim Scripta, 549, a. 
 Duplicarii, 361, a. 
 Duplicatio, 10, a. 
 Diipondiuni, 747, a. 
 Dupondius, 102, b. 
 Dussis, 10-2, b. 
 Duumviri, 361, a. 
 
 „ Juri Dicundo, 259, a 
 
 „ Na vales, 361, a. 
 
 „ Perduellionis, 738, a. 
 
 „ Sacrorura, 316, a. 
 Dux, 802, b. 
 
 E. E. 
 
 Ear-ring, 510, b. 
 Eartlienware, 417, b. 
 'E/c/fAijo-i'o, 361, b ; 453, a. 
 'E/ckAijo-iocttikoj fiiaOos, 363, a. 
 
 „ -TTiVal, 324, a. 
 
 "E/ckAtjtoj rto'Ais, ,919, a. 
 "EkkAtitoi, 365, b. 
 'E/c/cO|UiS7), 436, a. 
 'EKKVK\ri/xa, 405, a. 
 "EkSoctis, 524, b. 
 "Hxfia, 956, a. 
 'ExerAr), 69, a. 
 'Ex^vos, 336, b. 
 'E/c6X6ipi'a, 662, a. 
 'EKyovoi, 473, a. 
 Eclectici, 366, a. 
 'EKXoyeis, 371, a. 
 'EKfiaye^ov, 320, b. 
 'EK/jiapTvp'ia, 366, a. 
 'EK(popd, 436, b. 
 'EK(l)v\\o<pop'ia, 125, b. 
 'EKiroieiv, 12, b. 
 'EKTToieiaBai, 12, b. 
 Eculeus, 398, a. 
 Edere Actionem, 9, a. 
 Edictum, 366, a. 
 
 „ Aedilicium,366,b;368,a 
 
 „ Novum, 366, b. 
 
 „ Perpetuum,366,b; 367,b 
 
 „ Provinciale, 367, a. 
 
 ,, Repentinum, 366, b. 
 
 ,, Theodorici, 368, b. 
 
 „ Tralatitium, 366, b. 
 
 „ Vetus, 366, b. 
 
 „ Urbanum, 367, a. 
 Editor, 454, b. 
 "EeSua, 357, b. 
 EiKova, 902, b. 
 EIkoitt-/i, 368, b ; 944, b. 
 Ei«o(TToA((705, 368, b. 
 Etpw, 368, b. 
 Eiptaiwvi), 80(), a. 
 
INDEX. 
 
 uni 
 
 EiVayeiy, 308, b. 
 Elcrayuyfis, 3()8, b. 
 EiVayycAi'o, 369, a. 
 El<TiTTqpia, 370, a. 
 E'Krtpepeiv, 37(), b. 
 El(r<poftd, 370, b. 
 Ei(nroiei(T0oi, 12, b. 
 Eicnroi'ijiTis, 12, b. 
 Ei(nroir]T6s, 12, b. 
 'HAoko'ttj, 445, b. 
 Elaeothesium, 139, a; 461, b. 
 'E\a<prt§6Kta, 372, a. 
 'E\a(pri§o\uiv, 175, b. 
 Electnmi, 1 65, b. 
 Eleven, The, 372, a. 
 Eleusinia, 372, b. 
 'EKevcifia, 372, b. 
 'E\ev6epia, 375, a. 
 'EWififi'tou, 375, a. 
 'EAAiiUefifTTai', 375, b. 
 'EWSgwv, 510, b. 
 'EWwTia, 375, b. 
 'EWuxviov, 375, b. 
 Ellychiiiiim, 375, b. 
 ■'HA.oj, 239, b. 
 "EAu^a, 69, b. 
 Eniancipatio, 37G, a. 
 Emansor, 326, b. 
 ''H/xap, 339, a. 
 'EfiSdcpia, 375, b. 
 'Efiedi, 376, b. 
 'EfiSareia, 376, b. 
 Emblema, 377, b. 
 "Efj.SArifm, 377, b. 
 Enibolia, 6, a. 
 "EfjiSoAov, 878, b. 
 "EfiSoAos, 878, b. 
 Emeriti, 377, b. 
 Emeritum, 377, b. 
 Emissarium, 377, b. 
 "Efj./j.rivot AiVai, 378, b. 
 Efiiraia-tia, 377, b. 
 'EfiweipiKoi, 379, b. 
 "E/jLippoupoi, 378, b. 
 Efj.<pvT€v(ns, 378, b. 
 Emphyteusis, 378, b. 
 Emphyteiita, 379, a. 
 Eraphyteuticarius ager, 379, a. 
 Empirici, 379, b. 
 EfiTTopiKal A'lKai, 378, a. 
 'Eiiirdpiov, 38 1 , a. 
 
 „ danKov, 301, b. 
 
 „ ^(vik6v, 381, b. 
 Emporium, 381, a. 
 "Efinopos, 381. 
 
 Emti et Veiiditi Actio, 381, b. 
 Emtio Bonorum, 154, a. 
 Emtio et Venditio, 381, b. 
 'Evayia/xara, 438, b. 
 "Evara, 438, b. 
 Encaustica, 684, b ; 685, b. 
 'Eyxf'piSiov, 809, b. 
 "£7x0$, 467, b. 
 'EyK€KT7iix.lvos, 381, b. 
 "EyKArj/ia, 335, b. 
 'EyKTTifia, 381, b. 
 'Ey/CTTjcris, 381, b. 
 "EyKTuiTiKdv, 382, b. 
 "EfSei^ij, 382, a. 
 Endrorais, 382, a. 
 'EvSufia, 38, a ; 1013, b. 
 
 'Evexupo, 382, a. 
 'Ece7n'(rK?7|U^to, 713, a ; 921, a. 
 'Everri, 417, a. 
 'Eyyvrj. 382, 1). 
 'Eyyvrjais, 598, b. 
 'Eyyv-qs AiVi), 383, a. 
 'EyyvO-nK-q, 51 1, b. 
 'EvmuTJs, 175, b. 
 "EwaTo, 438, b. 
 'Ev6Swv, 822, b. 
 'EfoiKiov Ai'kt;, 383, a. 
 'EvaifioTia, 88, b ; 91, a. 
 "EvoTTTpov, 890, b. 
 'EvdiTiov, 510, b. 
 Ensigns, militarj', 883, a. 
 Ensis, 457, a. 
 Entasis, 383, b. 
 "Euna, 83, b. 
 'Ewpri/j.a, 957, b. 
 'H<us, 339, a. 
 'EwayyeAia, 383, b. 
 'ETToAieis, 1026, b. 
 'EvdpiTot, 384, a. 
 'ETrau'Aia, 599, b. 
 'ETTdaSSiop, 404, a ; 983, b. 
 'EireTeioc, 157, a. 
 'EivevvaKTa'i, 384, a. 
 'E7r€|o5ia, 404, a. 
 'E<priSda, 384, a. 
 Ephebeum, 461, b. 
 "EcpriSos, 384, a. 
 'E(j>riyri<ns, 385, a. 
 'E(f.4aia, 385, a. 
 ''E(p€(nj, 62, b. 
 'E(pe(TTpts, 385, a. 
 'E<peTai, 385, b. 
 'E<peTiV5a, 761, b. 
 'Ecpiirirewv, 386, a. 
 'E<^i'ir5rioc^ 386, a. 
 Ephippium, 386, a. 
 Ephori, 386, b. 
 'E^opot, 386, b. 
 'E0u<f)7{, 941, b. 
 "Ecpvpui, 373, b. 
 Epibatae, 388, b. 
 'Eiriedrai, 388, b. 
 'ETTigoepa, 164, b. 
 'EirigSa, 57, a. 
 'Ew'i§\7]fia, 38, a. 
 'ETTigoAT;, 389, a. 
 'EirixetpoTovia, 217, b ; 364, b. 
 'EttikAtjpoj, 389, a. 
 'EvLK\ivTpou, 551, b. 
 'EirlKovpoi, 106(i, b. 
 'EiriSavpia, 374, a. 
 'ETriSeKaTOf, 317, b. 
 Epidemiurgi, 323, a. 
 'ETriSiKoo-i'a, 390, a. 
 'E7ri5(/(7€is, 390, a. 
 'Einyania, 235, a ; 491, b. 
 'Eviypa((ie'is, 371, a. 
 'EiTiAe/cToi, 405, b. 
 'EiriAouTpof, 577, b. 
 'ETTi/ifArjTai', 390, b. 
 
 „ Trjs KOivijs irpoadSav, 
 390, b ; 937, b. 
 
 „ ToO 'Ep.Troplou, 390, b. 
 
 ,, Twv ixopiiiv 'EAaiccv, 
 390, b. 
 
 „ TtSi/ MucTTrjpi'oii', 390, 
 b ; 399, b. 
 
 'Eiri/ueArjTaf TtUi' Vfuptwv, 390, b. 
 
 ,, TcS;' (fivKuv, 39 1 , a. 
 'ETTi/UuAior, 619, a. 
 
 'ETTtTTOpTTtS, 417, a. 
 'ETriTrpoiicoi, 472, a. 
 Epirhcdium, 823, b. 
 'EiTL(rKri\pis \l/evSop.apTuptavfiQ7 ,h 
 'EttiVkottoi, 391, a. 
 'Ewl(TKvpos, 761, b. 
 'ETTiffTj^ua, 518, a. 
 'ETrio'ij/aoi', 5 1 8, a. 
 'EiriawTpov, 308, a. 
 'ETTKTTracrTTjp, 50(), a. 
 'ETTitTTciTrjF, 391, a. 
 
 ,, Twv Srifioaiwv epyuv, 
 391, a 
 
 „ tSv liSdraiv, 39 1 , a. 
 Epistola, 282, a; 674, b. 
 'EiriiTToAeus, 391, b. 
 Epistomium, 378, b. 
 Epistylium, 391, b. 
 Episynthetici, 391, b. 
 Epitaphium, 440, b. 
 Epithalamium, 599, b ; 605, a. 
 'Ev'i6r)fia, 436, b. 
 'Eirmiila, 1 1 1, a. 
 'Eir'iTinos, 235, b; 515, a. 
 'EttItovoi, 551, b ; 881, a. 
 'EvLTpnijpapx'^l^'''os Aik77,1 00 1 ,a. 
 'ETTiTpoTrfjs ypcufyq, 392, a. 
 'E-jTLTpoTTOs^ 392, a. 
 'EirwBeXia, 392, b. 
 'ETrcu/ii's, 1014, b. 
 'E7ro,u(/)aAioc, 245, b. 
 'Eirtod'o, 944, b. 
 'Ettwj'lijUos, 392, b. 
 
 ,, Tuiv r]KtKiwv, 392, b. 
 
 „ Tiiv <pvKS>v, 392, 1) ; 
 393, a. 
 'Eit6iTTai, 373, b. 
 'EiroTTTela, 374, a. 
 'EttoitiS^s, 879, a. 
 Epulones, 393, a. 
 Epulum Jovis, 393, a ; 551, a. 
 Equestris Ordo, 396, a. 
 Equina, 393, a. 
 Equites, 393, b. 
 
 Equitum transvectio,395,b ; 397,a. 
 „ centurias recognoscere, 
 395, b. 
 Eqmdeus, 398, a. 
 Equus October, 699, b. 
 Equus Publicus, 394, a. 
 'EpavdpxTjs, 398, a. 
 'EpavKTTa'i, 398, a. 
 "Epavoi, 398, a. 
 'Epyaatai Tfrpdyiovoi, 479, b. 
 'Epya<TT7vai, 706, b ; 941, a. 
 Ergastulum, 398, b. 
 Ericius, 398. b. 
 Erogatio, 202, a. 
 'EpajTia, 398, b. 
 'EpcDTi'Sia, 398, b. 
 'E^pn(p6pia., 99, a. 
 'Epp-li<poi, 99, a. 
 'Epari(l)6pia, 99, a. 
 'Eptr7i(p6poi, 99, a- 
 'EpvKTjjpes, 399, a. 
 'Ecrxapa, 67, a ; 426, b. 
 'Effxctpi's, 67, a. 
 "EaoTTTpov, 890, b. 
 
110-2 
 
 INDEX. 
 
 Esseda, 399, a. 
 
 Essedarii, 399, a. 
 
 Essedum, 399, a. 
 
 "Ee^tpa, -208, a. 
 
 'E6eAoTrp6^evos, 491, a. 
 
 ■H0/i(is, -204, b. 
 
 Ei/a, 677, b. 
 
 EuatTTTjs, 677, b. 
 
 Euepyetrio, 235, a. 
 
 Everriator, 442, b. 
 
 Evictio, 399, b. 
 
 Evil Eye, 410, a. 
 
 Eu^oATi'Sai, 399, b. 
 
 Evval, 48, b. 
 
 Evv-fi, 551, a. 
 
 Evocati, 400, a. 
 
 EuirarpiSai, 400, a. 
 
 Eu(|)r)(U6iT€, 347, b. 
 
 Ev((i7]fj.la, 347, b. 
 
 Euripus, 43, a ; 232, a. 
 
 EilcTvXos, 265, a. 
 
 Eu9u5i/ci'a, 336, b. 
 
 Eveivri, 401, a. 
 
 E£/9woi, 401, b. 
 
 EvCuvos, 1015, b. 
 
 'Elayoiy^j Ai'/c?;, 402, a. 
 'ElaipeVttos Ai'/cr;, 402, a. 
 
 Exauctoratio, 618, a. 
 
 Exauguratio, 402, b. 
 
 Exceptio, 9, b ; 790, a. 
 „ dilatoria, 9, b. 
 „ cognitoria, 9, b. 
 „ litis dividiiae, 9, b. 
 „ peremptoria, 9, b. 
 „ rei residuae, 9, b. 
 Excubiae, 205, a. 
 Excubitores, 402, b. 
 Executioner, 200, a. 
 Exedrae, 143, b ; 493, b; 496,b. 
 'E|T)7r)Tai', 402, b. 
 'E^eyyvao'Bai, 382, b. 
 Exercitor Navis, 403, a. 
 Exercitoria Actio, 403, a. 
 'E^eTaarai, 401, b ; 403, a. 
 Exheres, 478, a. 
 Exhibendmn, Actio Ad, 403, b. 
 'E|iT7jpia, 404, a. 
 'Exodia, 404, a. 
 "EloSos, 983, b. 
 'E|w/ii's, 404, a. 
 'E^a>/xo<n'a, 404, b. 
 Exostra, 405, a. 
 'EI&jffTpa, 405, a. 
 'E|ouAr)s Ai'/cr), 405, a. 
 Expeditus, 405, b. 
 Exploratores, 890, b. 
 Exsequiae, 439, a. 
 Exsilium, 126, a. 
 Exsul, 126, a. 
 Extispices, 467, a. 
 Extispiciura, 407, a. 
 Extranei Heredes, 476, a. 
 Extraordinarii, 405, b. 
 Exverrae, 442, b. 
 Exuviae, 892, a. 
 
 F. 
 
 Fabia Lex, 764, b. 
 Fabri, 406, a. 
 
 Fabula Palliata, 278, b. 
 
 Praetextata, 278, b. 
 „ Togata, 278, b. 
 Factiones Aurigaruni, 233, a. 
 Fake, 230, b, 
 Falarica, 469, a. 
 Falcidia Lex, 554, b. 
 Falsarii, 406, b. 
 Falsum, 406, b. 
 Falx, 406, b. 
 Familia, 408, a ; 873, b. 
 P'amiliae Emptor, 408, a. 
 FaniiliaeErciscundae Actio, 408,b. 
 Familiaris, 408, a. 
 Famosi Libelli, 517, b ; 566, b ; 
 
 589, a. 
 Famulus, 408, a. 
 Fan, 423, b. 
 Fannia Lex, 920, a. 
 Faninn, 945, b. 
 Farreum, 603, a. 
 Fartor, 409, a. 
 Fas, 410, b; 539, a. 
 Fasces, 409, a. 
 Fascia, 409, b. 
 Fascinum, 410, a. 
 Fasciola, 409, b. 
 Fasti, 410, b; 411. 
 „ Annales, 411, b. 
 „ Calendares, 410, b. 
 „ Capitolini, 412, a. 
 „ Consulares, 412, a ; 10/0. 
 „ Dies, 340, a; 410, b. 
 ,, Historici, 41 1, b. 
 „ Sacri, 410, b. 
 Fastigium, 412, a. 
 Fauces, 496, b. 
 Favete linguis, 347, b. 
 Fax, 410, b. 
 Februare, 583, a. 
 Februarius, 176, b; 583, a. 
 Feciales, 416, a. 
 Felting, 762, a. 
 Feminae, 1022, a. 
 Feminalia, 413, a. 
 Fenestra, 500, a. 
 Fenus, 525, b. 
 Feralia, 443, a. 
 Ferculum, 413, b. 
 Ferentarii, 95, a. 
 Feretmm, 439, b; 549, b. 
 Feriae, 413, b. 
 
 „ aestivae, 415, b. 
 „ conceptivae, 414, a. 
 „ denicales, 413, b; 442, b. 
 Feriae imperativae, 414, a. 
 „ Latinae, 414, b. 
 „ praecidaneae, 415, b. 
 ,, privatae, 413, b. 
 ,, publicac, 414, a. 
 „ senientivae, 415, b. 
 „ stativae, 414, a. 
 „ stultorura, 429, b. 
 „ vindemiales, 415, b. 
 Ferre legem, 559, a. 
 Fescennina, 415, b. 
 Festi Dies, 340, a. 
 Festuca, 595, a. 
 Fetiales, 416, a. 
 Fibula, 41 7, a. 
 Fictile, 417, b. 
 
 Fictio, 420, a. 
 Fideicommissariiis, 420, b. 
 Fideicoramissarii prae tores, 42 1 ,b. 
 Fideicommissum, 420, a. 
 Fidejussor, 520, a. 
 Fidepromissor, 520, a. 
 Fides, 585, a ; 586, b, 
 Fidiculae, 421, b. 
 Fiducia, 422, a. 
 Fiduciaria Actio, 422, a. 
 Fiduciarius, 420, b. 
 Figlinae, 419, a. 
 Figulina Ars, 417, b. 
 Figulus, 418, a. 
 Filia, 254, b. 
 Filiafamilias, 408, b. 
 Filius, 254, b. 
 
 Filiusfamilias, 408, b ; 724, b ; 
 
 725, a. 
 Filamen, 425, a. 
 Filum, 425, a. 
 Fimbriae, 422, a. 
 Finis, 865, b. 
 
 Finium RegundorumActio, 422,b. 
 
 Fiscales, 455, b. 
 
 Fiscalis Praetor, 423, a. 
 
 Fiscus, 422, b. 
 
 Fistucatio, 1035, b. 
 
 Fistula, 202. a; 927, a. 
 
 Flabelliferae, 423, b. 
 
 Flabellum, 423, b. 
 
 Flagrio, 424, a. 
 
 Flagnim, 424, a. 
 
 Flamen, 424, b. 
 
 „ Augustalis, 1 18, a. 
 
 „ Dialis, 424, b. 
 
 „ Martialis, 424, b. 
 
 „ Quirinalis, 424, b. 
 Flaminia Lex, 562, a. 
 Flarainica, 425, b. 
 Flammeum, 604, b. 
 Flavia Agraria Lex, 562, a. 
 Flexumines, 394, b. 
 Floors of Houses, 499, a. 
 Floralia, 426, a. 
 Fliiraen, 864, a. 
 
 Fluminis recipiendi or immittendi 
 
 Servitus, 864, a. 
 Focale, 426, b. 
 Focidus, 426, b. 
 Focus, 426, b. 
 Foederatae Civitates, 427, a. 
 Foederati, 427, a. 
 Foedus, 427, a ; 889, b. 
 Foenus, 525, b. 
 Folliculus, 428, a. 
 FoUis, 428, a ; 855, a. 
 Foot (measure of length), 745, b. 
 Forceps, 428, b. 
 Fores, 505, a. 
 Forfex, 428, b ; 303, b. 
 Fori, 229, a ; 879, b. 
 Forma, 429, a. 
 Fomiella, 429, a. 
 Formula, 9, a ; 10, b. 
 Fornacalia, 429, b. 
 Fomacula, 429, b. 
 Fornax, 429, b. 
 Fornix, 430, a. 
 Forty, The, 430, b. 
 Forum, 430, b ; 798, b. 
 
INDEX. 
 
 1103 
 
 Fossa, 2-2, b. 
 Framea, 469, a. 
 Frater, 254, b. 
 Fratres Arvales, 100, a. 
 Fraus, 771, b. 
 Frenum, 431, b. 
 Fresco, 684, b. 
 Frigidarium, 138, 139. 
 Fringe, 422, a. 
 Fritillus, 432, a. 
 Frontale, 45, a. 
 Fructuaria Res, 1064, a. 
 Fnictuarius, 1064, a. 
 Fnictus, 1064. 
 Frumentariae Leges, 562, a. 
 
 Frumentarii, 432, a. 
 
 Fucus, 1057, b. 
 
 Fuga Lata, 126, a. 
 „ Libera, 126, a. 
 
 Fugalia, 818, b. 
 
 Fugitivarii, 870, b. 
 
 Fugitivus, 870, b. 
 
 Fulcra, 552, b. 
 
 Fuller, 432, b. 
 
 FuUo, 432, b. 
 
 FuUonica, 433, b. 
 
 FuUonicum, 433, b. 
 
 Fullonium, 433, b. 
 
 Fumi imraittendi Servitus, 864, a. 
 
 Funale, 434, a. 
 
 Funalis Equus, 309, a. 
 
 Funambulus, 434, a. 
 
 Funda, 434, b. 
 
 Fundani, 427, b. 
 
 Funditores, 434, b. 
 
 Fundus, 427, b ; 435, a. 
 
 Funerals, 435, a. 
 
 Funes, 880, b. 
 
 Funus, 435, a. 
 
 „ indictivura, 439, b. 
 „ plebeium, 439, b. 
 „ publicum, 439, b. 
 „ taciturn, 439, b. 
 „ translatitium, 439, b. 
 Furca, 443, b. 
 Furcifer, 443, b. 
 Fumaria, 1049, a. 
 
 Galerus, 270, b. 
 
 Galli, 447, a, 
 
 rd\ais, 21, b. 
 
 rafi-qKia, 447, b. 
 
 TafjLT]Kiuiv, 175, b. 
 
 Gambler, Gaming, 33, b. 
 
 Taix6poi, 451, a. 
 
 ra/^.os, 597, a. 
 
 Tayyafiov, 822, b. 
 
 tianea, 209, a. 
 
 Garden, 489, a. 
 
 Gates of cities, 776, b. 
 
 Gausapa, 447, b. 
 
 Gausape, 447, b. 
 
 Gausapum, 447, b. 
 
 TiXfovTfS, 992, b. 
 
 reXoiTOTToiof, 7 1 7, a. 
 
 V4v€iov^ 1 28, a. 
 
 Gener, 21, b. 
 
 T€V((Tia, 438, b. 
 
 rew^Toi, 236, a; 993, a. 
 
 Tfvos, 235, b; 236, a; 993, a. 
 
 Gens, 447, b. 
 
 Gentiles, 448, a. 
 
 Gentilitas, 448, b. 
 
 Gentilitia Sacra, 449, a. 
 
 Gentilitium Jus, 448, b. 
 
 T(tt>fi6poi, 451, a. 
 
 T€<pvpa, 161. 
 
 T(ipvpi(m', 374, a. 
 
 re<pvpi(rfj.6s, 374, a. 
 
 r^paipai, 342, b. 
 
 Tepavos, 502, a. 
 
 r(pavov\K6s, 502, a. 
 
 Tepapat, 342, b. 
 
 Germani, 254, a. 
 
 repcofi'o, 452, b. 
 
 Vfpovaia, 452, b. 
 
 r€,3^o, 362, b. 
 
 Gestatio, 489, b. 
 
 Gingnis, 969, a. 
 
 Girdle, 124, a; 1068, b. 
 
 Gladiatorium, 454, b. 
 
 Gladiatores, 454, b. 
 
 Gladiators, 454, b. 
 
 Gladius, 457, a. 
 
 Glandes, 434, b. 
 
 Furia, or Fusia Caninia Lex, Glass, 1052, b. 
 
 596, a. 
 Furiosus, 304, b ; 305, b. 
 Furnace, 429, b. 
 Fumus, 429, b. 
 Furor, 305, b. 
 Furti Actio, 444, a, 
 Furtum, 443, b. 
 
 „ conceptura, 444, a. 
 
 ,, manifestura, 444, a. 
 
 „ nec manif'estum, 444, a. 
 
 „ oblatum, 444, a. 
 Fuscina, 445, a. 
 Fustuarium, 445, a. 
 Fusus, 445, b. 
 
 G. r. 
 
 Gabinia Lex, 930, a. 
 Gabinus Cinctus, 975, a. 
 Gaesum, 446, a ; 468, b. 
 rai<r6s, 446, a. 
 Gains, 519, b. 
 Galea, 446, a. 
 
 Gleba, 855, a. 
 rXfvKos, 1045, a. 
 Glos, 21, b. 
 Tkucra-is, 969, a. 
 FAuc/n), 843, b. 
 rAujis, 1 045, a. 
 rva(pevs, 432, b. 
 rvnuios, 12, b. 
 
 Tvtifxwv, 486, b ; 644, b. 
 
 Gold, 118, a. 
 
 Gomphi, 1036, a. 
 
 T6p.^os, 239, b. 
 
 Topyvpa, 1 97, a. 
 
 VwpvTos, 293, a. 
 
 Gradus, 43, a ; 747, a. 
 
 Gradus Cognationis, 254, b. 
 
 Graecostasis, 897, b. 
 
 Tpanjj.aT^iou Arj^iapx^Kdi/, 322, 
 324, b. 
 
 rpaixfiarevs, 457, b. 
 
 Graramatophylacium, 932, a. 
 
 Tpa/j-firj, 572, b ; 895, a. 
 Granary, 488, b. 
 
 rpa<p-{,, 458, a. 
 
 rpa(pr) a-yafi'iou, 597, a. 
 
 „ aypacp'tov, 24, b. 
 
 5, aypa/pov fierdWov, 24, b. 
 
 „ aSmias rrphs -rhv Sij/toi', 
 ^ 12, a. 
 
 „ aKoylov, 35, 1). 
 
 „ afi^Kwaeois, 37, a. 
 
 „ avav/jiaxiov, 47, a. 
 
 „ avSpa7roSi(r/j,ov, 48, b. 
 
 „ oKarijaewi rod Sitfiov, 56, 
 a. 
 
 aTrpocrraciov, 64, a. 
 „ apyias, 82, b. 
 „ apirayris, 466, b. 
 „ d(T(fie'ias, 104, a. 
 „ aarpardas, 106, 1). 
 „ avTo/xoK'ias, 121, b. 
 ,, fiovKevaeus, 159, a. 
 „ SeiAias, 318, a. 
 „ Se/cotr^aoD, 315, a. 
 „ SwpoSoKlas, 315, a. 
 „ 6a)po|6vi'as, 1066, b. 
 ,, tiipwv, 315, a. 
 „ €ipyfj.ov, 469, a. 
 „ 6|a7a>7^y, 402, a. 
 
 „ CTTlTpOTTTis, 392, a. 
 
 „ 6ToipT)(reais, 482, a. 
 
 „ UpoavXias, 482, b. 
 
 „ KaKoyajj.lov, 597, a. 
 
 „ KaKW(Tiios, 171, a. 
 
 206, a. 
 ,, KaTa(TKoirris, 207, a. 
 „ K\oirrjs, 247, b. 
 „ Xenroi/avTiov, 556, b. 
 ,, XenroaTpaTiov^ 556, b. 
 „ XeiTTOTa^lov, 106, b. 
 „ fiiaduxTeais otKov, 618, a. 
 „ jJMtx^ias, 1 4, b. 
 ,, vofiiafiaros Sia(p6opas, 
 
 642, a. 
 „ ^evias, 1066, a. 
 „ oif/iyajjiiov, 597, a. 
 „ vapavo'ias, ll-ljh. 
 „ irapavS/j-aiv, 715, a. 
 „ irapavpefffieias, 716, a. 
 „ •7rop6io-7po(})^s, 717, b. 
 „ wpoayuydas, 792, 
 „ KpoSodlas, 796, 
 „ ^r/TopiK77, 823, b . 
 „ avKocpavTias, 917, a. 
 ,, Tpavfiaros eK irpovoias, 
 
 985, b. 
 „ Tvpavviios, 796, a. 
 „ Ji/Spewy, 501, a. 
 „ vTTO0o\-tis, 502, a. 
 „ (l>apfj.dKwv, 751, a. 
 „ (pBopds Twv iXevdepuv, 
 
 755, a. 
 „ (p6i'ov, 753. 
 „ ff/evSeyypatpri!, 805, a. 
 „ i/'eu5o«:A7)T6i'ay, 805, b. 
 Tpaipi], ypacpLKT], 680, a. 
 Graphiarium, 911, a. 
 b ; Vpa<pis 683, b. 
 Graphium, 911, a. 
 Greaves, 657, b. 
 Gregorianus Codex, 249, a. 
 Gremium, 1 035, b. 
 Tp7<pos, 822, b ; 926, a. 
 
1104 
 
 INDEX. 
 
 Vpotr<po/xdxoi, 4G8, b. 
 rp6a-<pos, iGi], h. 
 Gubernaculum, 459, a. 
 Gubeniator, 459, a. 
 riins, (19, b. 
 Tvfivaaidpx'l^i "f'^, b- 
 Tv/xyaaiapxos, 4()'2, b. 
 TvfjLviaiov, 400, b. 
 Tviivaarai, 4G3, a. 
 TvixvT](noi, 459, b. 
 TvuvfjTai, 84, b. 
 TvfiLvfiT(i, 84, b ; 459, b. 
 Tvuvoi, 84, I). 
 ri/juvoTraiSia, 459, b. 
 Tv)j.v6s, (J47, b. 
 TvvaiKOKocTjxoi, 4G0, a. 
 Tuj'ai/fajj'rTiS, 492, b. 
 TvvatKov6ixoi, 460, a. 
 Gustatio, 251, b; 1048, b. 
 Guttus, 141, a. 
 Gymnasium, 460, b. 
 Gypsum, 32, a. 
 
 H. Aspirate. 
 
 Habenae, 465, b. 
 Habitatio, 863, b. 
 Haeres, 471. 
 Hair, 268, a. 
 'AAai', 835, b. 
 'AXfo, 24, a. 
 'AAiV5r)(ri5, 699, a. 
 'A\wa, 35, b. 
 "AX/ia, 735, a. 
 'AKointyiov, 835, b. 
 Halteres, 465, b. 
 Hama, 145, b. 
 "Afia^a, 466, a ; 764, b. 
 'Afj.a^6woSes, 765, a. 
 Hammers, 589, a. 
 "ApfjLa, 307, b ; 466, a. 
 'Apfidfj.a^a, 466, a. 
 Harmamaxa, 466, a. 
 'Ap/xoyn, 690, a; 691, b. 
 'ApjxoviKT], 623, b. 
 Hannostae, 466, a. 
 Harp, 838, b. 
 'Ap7ray>7, 466, b. 
 'ApTrayri^ ypa<p7i, 466, b. 
 Harpago, 460, b. 
 'ApTratTToV, 466, b. 
 Harpastum, 466, b. 
 "Apirij, 406, b. 
 Haruspices, 467, a. 
 Haruspicina Ars, 347, b ; 467, a. 
 HaruspiciuDi, 347, b. 
 Hasta, 467, b. 
 Hastarium, 469, a. 
 Hastati, 95, a ; 593. 
 '^Karofifiaiuv, 175, b. 
 EicaTo/x/3aia, 471, a. 
 'E/caroV^T), 471, a ; 831, b. 
 'Ekotoitti), 736, a. 
 'EKTjj/urfpioi, 734, b. 
 Hectici, 469, a. 
 "ESco, 358, b. 
 'ES£uA.io, 879, b. 
 "E5os, 946, b. 
 
 'WyejxSves <Tv/j.fiopiaiv, 371, a. 
 'Hyffiov'ta AiKacTTripiov, .368, b. 
 
 'Hyriropia, 770, b ; 372, b. 
 E'/A.a)T6s, 470, a. 
 Heir (Greek), 471, a. 
 
 „ (Riiman), 475, b. 
 Elpyixov ypa(pri, 469, a. 
 Helepolis, 469, b. 
 Heliaea, 334, a. 
 Heliocaminus, 500, b. 
 'H\ioTp67rtov, 486, b. 
 Hellanodicae, 469, b ; 663, b 
 
 664, b. 
 
 'EWafoS'iKai, 469, b ; 663, b 
 
 664, b. 
 Hellenotamiae, 469, b. 
 'EWrjvoTa/j.'tai, 469, b. 
 'EAAcuTia, 375, b. 
 Helmet, 446, a. 
 Helotes, 470, a. 
 'Hjuepo, 339, a. 
 'H|Uepo5ay6i<rTai', 624, a. 
 'HfiiSnrKoiSiov, 1014, b. 
 Hemina, 296, a ; 875, b. 
 Heminarium, 281, b. 
 Hemlock, 372, a. 
 "EuSeKo, 01, 372, a. 
 "Evt; Koi vea, 175, b. 
 'Hu'ia, 465, b. 
 'Hvloxos, 309, a. 
 'H(poi'(rT€ia, 544, b. 
 "Ei^Tj/io, 1045, a. 
 Heraclean Tablet, 535, a. 
 Heraea, 471, a. 
 'Hpaia, 471, a. 
 Herald, 215, a. 
 Hereditas, 475, b. 
 Heres (Greek), 471, a. 
 
 „ (Roman), 475, b. 
 Hemae, 479, b ; 898, a. 
 Hermaea, 480, a. 
 'Epyttai, 479, b. 
 "Epfiaia, 480, a. 
 Herraathena, 480, a. 
 Hermeraclae, 480, a. 
 Hemiogenianus Codex, 249, a. 
 Hennulae, 479, b. 
 'Hpifov, 437, b. 
 'Eo-Ti'o, 426, b. 
 'EtTTiaffis, 480, a. 
 'Earidrup, 480, a. 
 'Eralpai, 48(1, b. 
 'EraipTjirews ypa(pri, 482. a. 
 'Eraipia, 255, a. 
 EvpfTpa, 567, a. 
 Hexaphoron, 550, b. 
 'E^dcTTvAos, 265, a. 
 Hexeres, 878, a. 
 "iSpvais, 94(), a. 
 'lepuKtov, 52, b. 
 'Upe7oy, 830, b ; 831, b. 
 'lep6Sov\oi, 481, b. 
 'lepoypa/ifiareTs, 39, a. 
 'IepO(UocT6ia, 347, b. 
 'lepo/j-riyia, 662, a. 
 Hieromneraones, 39 ; 482, a. 
 'Up6v, 946, a. 
 
 Hieronica Lex, 562, a ; 798, b. 
 Ilieronicae, 109, b. 
 'lepotpdvrris, 373, b. 
 'lepoTToioi', 482, a. 
 'lepotr/foirio, 347, b. 
 'lepo(rv\'ias ypa(j>r], 4n'2, li. 
 
 Hilaria, 482, b. 
 'WapoTpaywSla, 983, a. 
 'Iiuai/T6s, 2i5, b ; 880, b. 
 
 'ifidvTfS TTVKTlKoi, 215, 1). 
 
 'IjjLar'thiov, 700, a. 
 
 'l/xdrwy, 700, a. 
 
 Hinge, 198, a. 
 
 'Iim-apfioaTTis, 89, a. 
 
 Hippodromos, 489. b ; 895, a. 
 ; Hippoperae, 483. a. 
 
 Hirpex, 528, a. 
 ; Hister, 484, a. 
 
 'l(rTiov, 880, b. 
 
 '\<rTwv, 940, b. 
 
 '1(tt6s, 590, a ; 940, b. 
 
 Histrio, 483, a. 
 
 'OSowoioi, 1036, b. 
 
 'OAjcoSes, 877, b. 
 
 "OA/toj, 1005, a. 
 
 Holiday, 413, b. 
 
 'O\0KavTeTv, 831, b. 
 
 Holoserica, 861, a. 
 
 'O\0(r(pvpi]\aTa epya, 589, b. 
 
 Holosphj-raton, 166, a. 
 
 "O/xoydXaKTes, 236, a ; 993, a. 
 
 "O/xoioi, 237, a. 
 
 'OfioKoyia, 918, b ; 923, a. 
 
 Honoraria Actio, 7, a ; 8, b. 
 
 Honorarii Ludi, 580, b. 
 
 Honorarium, 15, a ; 228, a. 
 
 Honorarium Jus, 7, b ; 366, b. 
 
 Honores, 485, a. 
 
 Hoop, 1010, b. 
 
 "OirAo, 83, b. 
 
 "07rA7;T6S, 992, b. 
 
 'OnXlrat, 84 ; 90, b. 
 
 Hoploraachi, 455, b. 
 
 Hora, 485, b. 
 
 Hordearium Aes, 21, b ; 394, a. 
 
 "OpKos, 649, a. 
 
 'Clpetov, 488, b. 
 
 "Opfios, 621, a; 838, a. 
 
 "Opoi, 486, a. 
 
 Horologium, 486, a. 
 
 Horrearii, 489, a. 
 
 Horreum, 488, b. 
 
 Hortensia Lex, 765, b. 
 
 Hortus, 489, a. 
 
 "Oo-ioi, 669, a. 
 
 'OtrioiT^p, 669, a. 
 
 Hospes, 491, b. 
 
 Hospitality, 490, a. 
 
 Hospitimn, 490, a. 
 
 Ilostia, 831, b. 
 
 Hostis, 490, a ; 784, a. 
 
 Hour, 455, b. 
 
 House (Greek), 492, b. 
 
 „ (Roman), 494, b. 
 'raKiuBia, 502, b. 
 "TaAoj, 1052, b. 
 "tfipeois ypa(p7], 501, a. 
 'rSpaA.eT7)s, 619, b. 
 'rSpav6s, 373. b. 
 'rSpavX-ns, 503, a. 
 "TSpavAiKhy bpydvov, 503, a. 
 "TSpavKis, 503, a. 
 'TSpi'o, 886, b. 
 "thpiatpopia, 501, b. 
 'rSp6fjLfXi, 1048. b. 
 'rSpofx-hKov, 1048, b. 
 'r\ripot, 501, b. 
 
INDEX. 
 
 1 1 05 
 
 'r\\f7s, 991, b. 
 'TAupoi, 501, b. 
 Humarae, 441, b. 
 "Twaiepov, 9i(t, b. 
 "r-n-aidpus, 267, a. 
 'r-irepai, 876, b ; 881, a. 
 'TT!-ep-fi/j.epos, 382, b. 
 'TTTTjpeo-ia, 501, b. 
 'TTrrjpeTTjy, 501, b. 
 "TTrepoj/, 622, a. 
 'TirepiSoi/, 492, b ; 494, a. 
 'T-n-evOvms, 401, a. 
 'T^ai/rai, 940, b. 
 'rir6l3\7i/j.a, 881, a. 
 'TiroffoAevs, 957, a. 
 'TTT-offoKrjs ypaiprj, 502, a. 
 'TTToxctAifSia, 432, a. 
 'TiTOKpiT-fjs, 483, a. 
 'TTToSTj^io, 173, b ; 839, a 
 'rirSyaiov, 280, b ; 437, a. 
 'ridyeiov, 280, b ; 437, a. 
 'Tiro7po<f)i'j, 683, b. 
 'tiroypafifxarevs , 458, a. 
 'TiToX-qptov, 976, b. 
 'TTTo^tieioces, 237, a. 
 'Tiro^oo-i'a, 331, b ; 336, a. 
 'tirSuofjLos, 304, a. 
 'rwoiv6Siov, 967, b. 
 'TirSpxvfia, 502, a. 
 'tiTO(TK-i)viov, 957, a. 
 'tTTorlix7}<ns, 212, a. 
 't-Ko^aKopos, 1068, a. 
 'Two(wij.aTa, 880, a. 
 'TTTTiao-jurfj, 707, b. 
 Hurdle, 297, a. 
 "T<r5rA.7;|, 895. 
 'Y(7(T(Sy, 468, a. 
 'tcTTipoTroTixoi, 438, a. 
 Hyacinthia, 502, b. 
 Hydraula, 503, a. 
 Hydromelum, 1048, b. 
 Hypocaustum, 142, a. 
 Hypogeum, 280, b. 
 Hypotheca, 759. 
 Hypothecaria Actio, 760, b. 
 
 I. J. 
 
 "laKxos, 374, a. 
 Jaculatores, 468, b. 
 Jaculum, 468, b. 
 Janitor, 507, a. 
 Janua, 503, a. 
 Jaiiuarius, 176, b. 
 latralipta, 507, a. 
 latraliptice, 507, a. 
 'Iarp6s, 610, a. 
 latrosopliista, 507, b. 
 Iconicae Statuae, 902, b. 
 "l/cpia, 876, a. 
 Idus, 178. 
 Jentaculum, 251, a. 
 "lySri, 622, a. 
 Ignobilis, 647, a. 
 Ignominia, 513, b ; 645, a. 
 'lAij, 91, b. 
 Ilicet, 441, a. 
 Imagines, 696, b. 
 Imbrices, 940, a. 
 Irapendium, 525, b. 
 
 Imperativae Feriao, 414, a. 
 Imperator, 508, b. 
 Imperium, 507, b. 
 Irapluvium, 495, b. 
 Imprisonment, 197. 
 Impubes, 509, a. 
 In Bonis, 151, b. 
 Inauguratio, 510, a. 
 Inauris, 510, b. 
 Incensus, 196, a. 
 Inceramenta Navium, 684, b 
 
 685, b. 
 Incestiim, 511, a, 
 Incitega, 511, b. 
 Incorporales Res, 353, a. 
 Incubatio, 355, b. 
 Incunabula, 512, a. 
 Incus, 512, b. 
 Index, 568, a. 
 Indigitamenta, 774, b. 
 Induere, 38, a. 
 Indumentum, 1015, a. 
 Indusium, 1015, b. 
 Indutus, 38, a; 1015, a. 
 Infamis, 513, a. 
 Infamia (Greek), 514, a. 
 
 „ (Roman), 512, b. 
 Infans, 516, a. 
 Infantia, 516, a. 
 Inferiae, 443, a. 
 Informer, 321, a. 
 Infula, 516, b. 
 Ingenui, 516, b. 
 Ingenuitas. 516, b. 
 Ingratus, 729, a. 
 Inheritance (Greek), 471, a. 
 
 ,, (Roman), 475, b. 
 Injuria, 517, a. 
 
 InjunarumActio,517,b; 1043, a. 
 Ink, 111, b. 
 Inn, 208, b. 
 'Ivwa, 517, a. 
 
 Inofficiosum Testamentum, 
 
 953, a. 
 Inquilini, 785, a. 
 Inquilinus, 127, a. 
 Insania, 305, b. 
 Insanus, 305, b. 
 Insigne, 518, a. 
 Instita, 519, a. 
 Institor, 519, a. 
 Institoria Actio, 519, a. 
 Institutiones, 519, a. 
 Institutoria Actio, 521, a. 
 Insula, 498, b. 
 Intaglios, 84'4, a. 
 Intentio, 10, a. 
 
 Integrum Restitutio, In, 820, a. 
 Intercalary Month, 175, b ; 176, 
 
 b ; 179, b. 
 Intercapedo, 139, b. 
 Intercessio, 520, a; 521, a. 
 Intercisi Dies, 340, a. 
 Intercolumnia, SO, b. 
 InterdictioAquaeet Ignis, 127, a. 
 Interdictum, 521, a. 
 
 „ adipiscendae posses- 
 sionis, 522, a. 
 
 „ possessorium, 522, a. 
 
 „ de precario, 523, a. 
 
 „ prohibitorium,522,a. 
 
 Interdictimi quorum Bononim, 
 816, a. 
 „ recuperandae posses- 
 
 sionis, 522, b. 
 ,, restitutorium,522, a. 
 „ retinendae posses- 
 sionis, 522, b. 
 Salvianum, 522, b. 
 ,, sectorium, 522, a. 
 
 uti possidetis, 522,b. 
 ; ,, utrubi, 522, b. 
 
 Interest of Money, 523, b. 
 Intergerivus, 719, b. 
 Internundinum, 648, b. 
 Interpres, 527, a. 
 Interregnum. 527, b. 
 Interrex, 627, b. 
 Interula, 1015, b. 
 Intestabilis, 528, a. 
 Intestato, Hcreditatis Ab, 475, b. 
 Intestatus, 475, b. 
 Intusium, 1015, b. 
 Inventarium, 478, b. 
 Investis, 510, a. 
 'l6s, 833, a. 
 'Ivv6s, 547, a. 
 "Ipw, 368, b. 
 Irex, 528, a. 
 Iselastici Ludi, 109, b. 
 'IiroTToAiTeia, 235, a. 
 'IffOTeAeia, 235, a. 
 'IcroreXets, 235, a. 
 "Icrfl/iio, 528, a. 
 Isthmian Games, 528, a. 
 Italia, 258, b ; 798, a. 
 Italy, 258, b. 
 Iter, 864, b ; 1034, a. 
 Itineris Servitus, 864, b. 
 'l6v(pa\Xoi, 341, b. 
 "iTvs, 308, a. 
 Jubere, 855, b. 
 Judex, 529, a. 
 
 „ Ordinarius, 533, a. 
 ,, Pedaneus, 533, a. 
 „ Quaestionis, 531, a. 
 Judges (Greek), 298, b; 334; 
 
 385, b. 
 Judges (Roman), 529. 
 Judicati Actio, 533, a. 
 Judices Edititii, 531, a. 
 Judicia Duplicia, 408, b. 
 Judicia Extraordinaria, 530, b. 
 „ Legitima, 507, b. 
 „ Quae Imperio, 507, b. 
 Judicium, 529, a. 
 
 „ Populi, 530, b ; 53U 
 „ Privatum, 530, b. 
 „ Publicum, 530, b. 
 Jugerum, 533, b. 
 Jugum, 533, b. 
 Jugumentmn, 52, b ; 504, a. 
 Juliae Leges, 534, b. 
 Julia Lex de Adulteriis, 14, a. 
 „ Agrarla, 534, b. 
 „ de Ambitu, 36, b. 
 „ de Annona, 535, a. 
 „ de Bonis Cedendis, 
 
 535, a. 
 „ Caducaria, 535, a. 
 „ de Caede et Veneficio, 
 535, a. 
 
 4 B 
 
1106 
 
 INDEX. 
 
 Julia Lex de Civitate, 238, a ; 
 
 4-27, b ; .535, a. 
 „ de Foenore, 535, a. 
 
 de Fuiido Dotali, 535,a. 
 „ Judiciaria, 532, b ; 
 
 535, a. 
 de Liberis Legatioiii- 
 
 bus, 55C, b. 
 „ Majestatis, 588, b. 
 „ Municipalis, 535, a. 
 „ et Papia Poppaea, 
 
 535, b. 
 „ Peculatus, 732, a. 
 
 et Plautia, 536, b. 
 „ de Provinciis, 800, b. 
 „ Repetundarum, 8 1 9, b ; 
 
 820, a. 
 „ de Residuis, 732, a. 
 ,, de Sacerdotiis, 536, b. 
 „ de Sacrilegis, 732, a ; 
 
 832, b. 
 „ Sumtuaria, 537, a ; 
 
 920, a. 
 „ Theatralis, 537, a. 
 „ et Titia, 537, a. 
 „ de Vi Publica et Pri- 
 
 vata, 1052, b. 
 „ Vicesimaria, 1039, a. 
 Julius, 182, a. 
 
 Junea, or Junia Norbana Lex, 
 
 548, a; 562, b; 568, b; 596, b. 
 Junia Lex, Repetundarum, 
 
 819, a. 
 Juniores, 273, b ; 997. 
 Junius, 176, b. 
 Jura in re, 353, b. 
 Juramentum, 650, b. 
 Jure Actio, in, 539, a. 
 Jure Agere, 9, a. 
 Jure Cessio, in, 537, a. 
 Jureconsulti, 537, a. 
 Juris auctores, 537, b. 
 Jurisconsulti, 537, a. 
 Jurisdictio, 538, b. 
 Jurisperiti, 537, a. 
 Jurisprudentes, 537, b. 
 Jus, 539, a. 
 
 „ Aelianum, 542, a. 
 
 „ Annuli Aurei, 825, a. 
 
 ,, Annulorum, 825, a. 
 
 „ Applicationis, 127, a. 
 
 „ Civile, 539, a. 
 
 „ Civile Flavianum, 542, a. 
 
 „ Civile Papiriunum, or Papi- 
 sianum, 542, a. 
 
 „ Civitatis, 237, b. 
 
 „ Commercii, 237, b. 
 
 „ Connubii, 237, b. 
 
 „ Edicendi, 366, a. 
 
 „ Fetiale, 416, b. 
 
 „ Gentilitium, 448, b. 
 
 „ Gentium, 539. 
 
 „ Honorarium, 366, b. 
 
 „ Honorum, 237, b. 
 
 „ Italicum, 258, a. 
 
 „ Latii, 237, b ; 547, b. 
 
 „ Liberorum, 536, b. 
 
 „ Naturalfi, 539, b. 
 
 „ Non Scriptum, 540, b. 
 
 „ Pontificium, 539, a ; 774, b ; 
 775, a. 
 
 Jus Postliminii, 782, b. 
 
 „ Praediatorium, 789, a. 
 
 „ Praetorium, 366, b ; 540, a. 
 
 „ Privatum, 237, b ; 540, b. 
 
 „ Publicum, 237, b ; 540, b. 
 
 „ Quiritium, 237, b ; 540, b. 
 
 ,, Relationis, 854, a. 
 
 ,, Respondendi, 537, b. 
 
 „ Scriptum, 540, b. 
 
 „ Senatus, 851, b. 
 
 „ Sutfragiorum, 237, b. 
 
 „ Vocatio, in, 8, b. 
 Jusjurandura, 650, b. 
 
 ,, Calumniae, 189, b. 
 Justa Funera, 439, a. 
 Justum, 541, b. 
 Justinianeus Codex, 249, b. 
 Justitium, 443, a. 
 Jussu, Quod, Actio, 542, b. 
 
 K. See C. 
 
 L. A. 
 
 Labarum. 884, a. 
 
 AojSt), 195, b. 
 
 Labrum, 140, a. 
 
 Labyrinthus, 542, b. 
 
 Lacema, 543, a. 
 
 Laciniae, 543, b. 
 
 Laconicimi, 134, a ; 139, b ; 
 
 140, b ; 141, a. 
 Lacunar, 500, a. 
 Lacus, 65, a ; 201, b. 
 Ladders, 841, b. 
 Laena, 544, a. 
 Laesa Majestas, 588, a. 
 Lagenae, 1046, a. 
 hayoi^6\u^, 732, b. 
 Aai(pos. 1029, a. 
 Aa/xTraJiapxici, 544, b. 
 Aaixira5T]5poiJ,ia, 544, a. 
 Aa^7ra5r)(^opi'a, 544, a. 
 Aaij.ivaSr](p6fioi, 545, a. 
 AafiTTaSovxos aycuv, 544, a. 
 Aa/xirds, 544, b. 
 Lamps, 578, a. 
 Lancea, 468, a. 
 Lancula, 545, b. 
 Lanarius, 762, a. 
 Lanifieium, 940, b. 
 Lanista, 455, a. 
 Lanterna, 547, a. 
 Lanterns, 547, a. 
 Lanx, 545, b. 
 Ad(ppia, 545, b. 
 Lapicidinae, 549, a. 
 Lapis Specularis, 500, b. 
 Laquear, 500, a. 
 Laqueatorcs, 455, b. 
 Lararium, 546, a. 
 Larentalia, 546, a. 
 LarentinaliiL, 546, a. 
 Aapio'aoiroioi, 933, a. 
 Largitio, 36, b. 
 AdpvaKfs. 436, b. 
 Larva, 742, a. 
 Lata Fuga, 126, a. 
 AaTayiiof, 295, a. 
 Aarai, 295, a. 
 Later, 546, b. 
 
 Laterculus, 546, b. 
 Latenia, 547, a. 
 Laticlavii, 241. 
 Latii .lus, 547, b. 
 Latiura, 547, 1). 
 Latinae Feriae, 414, b. 
 Latinitas, 547, b. 
 Latinus, 237, b. 
 AaTp6iy, 734, b. 
 Latrina, 137, a. 
 Latrunculi, 548, b. 
 Latus Clavus, 241. 
 Laudatio Funebris, 440, a. 
 Aavpai, 542, b. 
 Laurentalia, 546, a. 
 Lautia, 555. 
 Latomiae, 549, a. 
 Latumiae, 549, a. 
 Lautomiae, 549, a. 
 Lautumiae, 549, a. 
 Law, 539, a ; 642, b. 
 A€/3r)s, 658, b. 
 AeKavYj, 295, a ; 724, a. 
 Aeicdyiuv, 724, a 
 Aexepva, 471, a. 
 Ae'xor, 551, a. 
 Lectica, 549, a. 
 Lecticarii, 549, b. 
 Lectisternium, 551, a. 
 AeKTpov, 551, b. 
 Lectus, 551 , a. 
 
 „ Funebris, 549, b. 
 A-qKvBoi, 435, b. 
 AjjSapioj', 702, b. 
 A^Soj, 702, b. 
 Legacy, 552, b. 
 Legatarius, 553, a. 
 Legatio Libera, 556, b. 
 Legatum, 552. b. 
 Legatus, 555, a ; 801, a. 
 Leges, 558, b. 
 
 „ Centuriatae, 558, b. 
 
 „ Curiatae, 558, b. 
 Legio, 94. 
 Legis Actionea, 7, a 
 
 „ Aquiliae Actio, 313, a. 
 Lcgitima Hereditas, 475, 
 
 477, b. 
 Legitimae Actiones, 7, a. 
 AeiTTOixapTvpiov A'lK-q, 606, a. 
 Aemovavrlov ypa<pr}, 556, b. 
 AeiirocrrpaTiov ypatpri, ,556, b. 
 AetiroTa^lov ypa(pri, 106, b. 
 Avji'Toj', 8U4, a. 
 AfiTovpyia, 557, a. 
 Lemniscus, 557, b. 
 Lemuralia, 558, a. 
 Lemuria, 558, a. 
 Lenaca, 342, a. 
 Ay']vaia, 342, a. 
 Lcnocinium, 513, a. 
 A-qvoi, 436, b. 
 Ativus, 976, a. 
 Aeoj'iSera, 558, a. 
 AeVaSm, 309, b. 
 Lci)ta, 21, a. 
 Leria, 572, a ; 1016, a. 
 Lernaea, 558, b. 
 Aripoi, 572, a ; 1016, a. 
 Lessus, 439, b. 
 Leuca, 747, a. 
 
INDEX. 
 
 1107 
 
 Leuga, 747, a. 
 Levir, 21, b. 
 Lex, 558, h. 
 Lex Acilia, 819, b. 
 
 „ Acilia Calpurnia, 3(), b. 
 
 ,, Aoljiitia, 7, a ; 367, b ; 
 5()0, a. 
 
 „ Aelia, 560, a. 
 
 „ Aelia Sentia, 18, a ; 595, b. 
 
 „ Aemilia, 560, b. 
 
 „ AeiniliaBaebia,36,b; 560,b; 
 561, a. 
 
 „ Aemilia Lepidi, 920, a. 
 
 „ Aemilia Scauri, 920, a. 
 
 „ Agrariae, 25 ; 560, b. 
 
 „ Ambitus, 36, b. 
 
 „ Aiiiialis, or Villia, 16, b. 
 
 „ Antia, 920, a. 
 
 ,, Antoiiiae, 560, b. 
 
 ., Apuleia, 520, a. 
 
 „ Apuleia Agraria, 560, b. 
 
 , , Apuleia Fnimentaria, 56 0 , b. 
 
 „ Apuleia Majestatis, 588, b. 
 
 ,, Aquilia, 313, a. 
 
 ,, Aternia Tarpeia, 5()0, b. 
 
 ,, Atia de Sacerdotis, 5()0, b. 
 
 „ Atilia, 537, a ; 1020, b. 
 
 „ Atinia, 560, b. 
 
 „ Autidia, 36, b. 
 
 „ Aurelia, 532, a; 987, b. 
 
 ,, Baebia, 560, b. 
 
 „ Baebia Aemilia, 36, ]> ; 
 561, b. 
 
 „ Caecilia de Ccnsoribus, or 
 
 Censoria, 560, b. 
 „ Caecilia de Vectigalibus, 
 
 561, a ; 778, a. 
 „ Caecilia Didia, 561, a. 
 „ Calpurnia de Ambitu, 36, b. 
 „ Calpurnia de Kepetundis, 
 
 819, a. 
 „ Canuleia, 561, a. 
 „ Cassia, 561, a. 
 „ Cassia Agraria, 561, a. 
 ,, Cassia Tabellaria, 930, a. 
 „ Cassia Terentia Frumentii- 
 
 ria, 561, a. 
 „ Ciiicia, 228, a. 
 „ Claudia, 561, a. 
 „ Clodiae, 561, a. 
 „ Coelia or Caelia, 930, a. 
 ,, Cornelia Agraria, 561, b. 
 
 de Falsis, 406, b. 
 ,, de Injuriis, 517, b. 
 
 ,, „ Judiciaria, 561, b. 
 „ ,, Majestatis, 588, b. 
 ,, ,, Nummaria, 406, b. 
 ,, ,, deParricidio,285,b 
 ,, de Proscriptione et 
 Proscriptis,797, 
 a. 
 
 ,, ,, de Sacerdotiis, 774, 
 a. 
 
 „ ,, de Sicariis et Ve- 
 neficis, 285, b. 
 
 ,, Sumtuaria, 920, a. 
 
 ,, Testamentaria, 
 406, b. 
 
 ,, „ de Vi Publica, 
 1052, b. 
 
 „ ,, Uiiciaria, 561, b. 
 
 Lex Cornelia Baebia, 561, b. 
 ,, ,, Fulvia, 36, b. 
 „ Didia, 920, a. 
 „ DomitiadeSaccrdotiis,773,b. 
 „ Duilia, 562, a. 
 „ Duilia Maenia, 562, a. 
 „ Fabia de Plagio, 764, b. 
 „ Falcidia, 554, b. 
 „ Fannia, 920, a. 
 „ Flaminia, 562, a. 
 ,, Flavia Agraria, 562, a. 
 „ F'l'umentariac, 562, a. 
 „ Fufia de Religione, 562, a. 
 „ Fufia Judiciaria, 532, a. 
 „ FuriaorFusiaCaninia, 596,a. 
 ,, Furia de Sponsu, 520, b. 
 „ Furia or Fusia Testamenta- 
 ria, 554, a. 
 „ Gabinia Tabellaria, 930, a. 
 „ Gabiniae, 562, a. 
 „ Galliae Cisalpinae, 564, b. 
 „ Gellia Cornelia, 562, a. 
 „ Genucia, 562, a. 
 „ Hieronica, 562, a ; 798, b. 
 „ Horatia, 562, b. 
 „ Hortensia de Plebiscitis, 
 765, b. 
 
 „ Hostilia de Fastis, 562, b. 
 „ Icilia, 562, b. 
 „ Juliae, 534, b. 
 „ Junia de Peregrinis, 562, b. 
 „ Junia Licinia, 562, b. 
 „ Junia Norbana, 548, a ; 562, 
 
 b ; 568, b ; 596, b. 
 „ Junia Repetundarum, 8 1 9,a. 
 „ Junia Velleia, 562, b. 
 „ Laeturia, 304, b ; 562, b. 
 „ Licinia de Sodalitiis, 36, b. 
 „ Licinia Junia, 562, 1). 
 „ Licinia Mucia de Civibus 
 
 Regundis, 562, b. 
 „ Licinia Sumtuaria, 920, a. 
 „ Liciniae Rogationes, 826, a. 
 „ Liviae, 563, a. 
 „ Lutatia de Vi, 1 052, b. 
 ,, Maenia, 563, a. 
 
 Majestatis, 588, b. 
 ,, Mamilia de Colomis, 563, a. 
 „ Manilla, 563, a. 
 ,, Manila de Vicesiraa, 596, b. 
 ,, Marcia, 563, a. 
 ,, Maria, 563, a. 
 , , Memmia or Remmia, 1 89, b. 
 ,, Mensia, 563, a. 
 ,, Mimicia, 563, b. 
 ,, Octavia, 563, b. 
 
 Ogidnia, 563, b. 
 „ Oppia, 919, b. 
 „ Orcliia, 920, a. 
 ,, Ovinia, 563, b. 
 
 Papia de Peregrinis, 562, b. 
 Papia Poppaea, 535, b. 
 Papiria, or Julia Papiria de 
 Mulctarum Aestimatione, 
 663, b. 
 Papiria, 563, b. 
 Papiria Plautia, 563, b. 
 Papiria Poctelia, 564, a. 
 Papiria Tabellaria, 930, a. 
 Peducaea, 564, a. 
 I'csulania, 5()4, a. 
 
 Lex Petreia, 564, a. 
 „ Petronia, 564, a. 
 „ Pinaria, 564, a. 
 „ Plaetoria, 304, a. 
 „ Plautia, or Plotia de Vi, 
 
 1052, b. 
 „ Plautia, or Plotia Judiciaria, 
 
 564, a. 
 „ Poetelia, 564, a. 
 „ Poetelia Papiria, 564, a ; 
 
 637, b. 
 „ Pompeia, 564, a. 
 „ „ de Ambitu, 36, b. 
 „ „ Judiciaria, 532, a. 
 „ „ de Jure Magistra- 
 
 tuum, 532, a. 
 „ „ de Parricidiis, 286, 
 b. 
 
 „ „ Tribunitia, 564, a. 
 
 de Vi, 564, a. 
 „ Pompeiae, 564, a. 
 „ Popilia, 563, b. 
 „ Porciae de Capite Civiuni, 
 
 564, a. 
 
 „ Porcia de Provinciis, 564, a. 
 
 „ Publicia, 564, b. 
 
 „ Pul)lilia de Sponsoribus, 
 
 520, b. 
 „ Publiliae, 808, a. 
 „ Pupia, 564, b. 
 „ Quintia, 564, b. 
 „ Regia, 818, a. 
 „ Regiae, 542, a. 
 „ Remmia, 189, 1). 
 „ Repetundarum, 819, a. 
 „ Rhodia, 564, b. 
 „ Roscia Theatralis, 564, b. 
 „ Rubria, 564, b. 
 „ Rupiliae, 565, a; 798, a. 
 „ Sacratae, 565, a. 
 „ Satura, 559, b ; 840, a. 
 „ Scantinia, 565, a. 
 „ Scribonia, 565, a. 
 „ Semproniae, 848, a. 
 „ SemproniadeFoenore,565,b. 
 „ Servilia Agraria, 565, b. 
 „ Servilia Glaucia de Civitate 
 
 819, b. 
 
 ,, Servilia Glaucia de Repetun- 
 
 dis, 819, b. 
 „ Servilia Judiciaria, 532, a 
 
 565, b. 
 
 „ Silia, 565, b. 
 
 „ Silvani et Carbonis, 563, b. 
 
 ,, Sulpiciae, 565, b. 
 
 „ Sulpicia Sempronia, 565, b. 
 
 „ Sumtuariae, 919, b. 
 
 „ Tabellariae, 930, a. 
 
 „ Tarpeia Aternia, 560, b. 
 
 „ Terentilia, 565, b. 
 
 „ Testamentariae, 565, a. 
 
 „ Thoria, 966, b. 
 
 „ Titia, 566, a. 
 
 „ Titia de Tutoribus, 566, a. 
 
 „ Trebonia, 566, a. 
 
 „ Tribunicia, 987, a. 
 
 „ TuUia de Ambitu, 36, b. 
 
 „ Tullia de Leg;itione Libera 
 
 556, b. 
 ., Valeriae, 1025, b. 
 „ Valeriae etHoratiac, 1026,li 
 
1108 
 
 INDEX. 
 
 Lex Valeria de Proseriptione, 
 797, a. 
 
 „ Varia, 588, b. 
 
 „ Vatinia de Provmciis,566,a. 
 
 „ Vatinia de Colonis, 566, a. 
 
 „ deVi, 1052, b. 
 
 „ Viaria, 566, a; 1036, b. 
 
 „ Vicesimaria, 1039, a. 
 
 „ Villia Annalis, 16, b. 
 
 „ Visellia, 566, a; 825, b. 
 
 „ Voconia, 1059, b. 
 Arjl,LapxtKoi' ypafiixoTfTov, 322, b; 
 
 324, b. 
 Ayj^idpxoi, 362, b. 
 Ajj^is, 335, b. 
 Aifiavofxavrda, 347, b. 
 Libatio, 832, a. 
 Libella, 325, b; 569, a. 
 Libellus, 566, a. 
 Liber, 567, a. 
 Lil)era Fuga, 126, a. 
 Liberales Ludi, 344, b. 
 Liberalia, 344, b. 
 Liberalis Causa, 105, b. 
 Liberalis Maiius, 105, b. 
 Liberalitas, 36, b. 
 Liberi, 517, a; 568, a. 
 Libertus (Greek), 568, b. 
 
 ,, (Rqmaii), 568, a. 
 Libertinus, 568, a. 
 Libitiiiarii, 439, a. 
 Libra, 569, a. 
 Libra or As, 569, b. 
 Libraria, 147, b. 
 Librarii, 570, b. 
 Library, 147, b; 148. 
 Librator, 571, a. 
 Libripens, 591, a, 
 Libuma, 571, a. 
 Liburnica, 571, a. 
 AiX^s, 747, b ; 748, a. 
 Licia, 942, b. 
 Liciatoriuii], 942, b. 
 Licinia Lex de Sodalitiis, 36, b. 
 ,, Jimia Lex, 562, b. 
 „ Mucia Lex, 562, b. 
 „ Lex Sumtuaria, 920, a. 
 Liciniae Rogationes, 826, a. 
 AiK/ids, 1026, b. 
 AiKyov, 341, b; 1026, b. 
 AiKuocpSpos, 34], b ; 1026, h. 
 Lictor, 571, b. 
 Light-house, 751, b. 
 Ligo, 572, a. 
 Ligula, 572, a ; 875, b. 
 Lima, 572, a. 
 Limbus, 572, a. 
 
 Limen, 503, b ; 504, a ; 783, a. 
 
 Limes, 30, 1). 
 
 Limitatio, 30, a. 
 
 Limus, 915, a. 
 
 Linea, 572, b. 
 
 Linteamen, 7tU, a. 
 
 Linteones, 940, b. 
 
 Liiiter, 572, b. 
 
 Linteum, 701, a. 
 
 Limim, 931, a. 
 
 Literae, 674, b. 
 
 Litenirum ( )blig;itio, 654, a. 
 
 Literati, 873, b. 
 
 Lithostrotimi, 499, a ; 6;)7, a. 
 
 AidoTOfiiai, 549, a. 
 
 Litis Contestatio, 573, a; 655, a 
 
 Litus Dividuae Exceptio, 9, b. 
 
 Airpa, 574, a. 
 
 Litters, 549, a. 
 
 Liturgies, 557, a. 
 
 Lituus, 574, a. 
 
 Lixae, 189, a. 
 
 Locati et Conducti Actio, 574, b 
 
 Locatio, 574, b. 
 
 Locator, 574, b. 
 
 Aoxo-yoi, 939, b. 
 
 A<$Xos, 939, b; 1002, a. 
 
 Loculus, 440, a. 
 
 Locus effatus, 945, a. 
 
 ,, liberatus, 945, a. 
 Lodix, 574, b. 
 AoeTp6v, 577, b. 
 Aoyuoy, 957, a. 
 AoyiCTai, 24, b ; 401, b. 
 AuyiariQpiov, 401, b. 
 AuytaT'^s, 175, a. 
 Aoyoypd<poi, 575, a. 
 Aoyoiroio'i, 575, a. 
 Aoi/Soi', 832, a. 
 AoiSopi'oj Aifcrj, 170, a. 
 Adyxv, 467, b ; 468, a. 
 Aoyxo(p6poi, 467, b. 
 Looking-glass, 890, b. 
 lioom, 940, b. 
 AwTTT), 575, a. 
 Ai^TTioc, 575, a. 
 AwTTos, 575, a. 
 AwiroSvTrjt, 575, a. 
 A6<pos, 446, b, 
 Lorarii, 424, a. 
 Lorica, 575, a. 
 Lots, 890, a. 
 AouTrfp, 578, a. 
 AovT^^piov, 578, a. 
 AovTpof, 577, b. 
 AovTpo(p6po9, 578, b. 
 Lucar, 485, a. 
 AvKaia, 578, b. 
 Lucerenses, 726, b. 
 Luceres, 726, b. 
 Lucerna, 579, a. 
 AvKos, 466, b. 
 Lucrum cessans, 313, a. 
 Avxi^os, 579, a. 
 Avxfovxos, 191, b; 547, a. 
 Lucta, 698, b. 
 Luctiitio, 698, b. 
 Ludi, 579, b. 
 
 „ Apollinares, 579, b. 
 
 „ Augustales, 1 1 7, a. 
 
 „ Capitolini, 580, a. 
 
 „ Circenses, 232, a ; 580, b. 
 
 „ Compitalicii, 279, a. 
 
 „ Florales, 426, a. 
 
 „ Funebres, 580, b. 
 
 „ Honorarii, 580, b. 
 
 „ Liberales, 344, b. 
 
 „ Magni, 580, b. 
 
 ,, Martiales, 581, a. 
 
 „ Megalenses, 6 1 2, a. 
 
 „ Natalitii, 581, a. 
 
 „ Palatini, 581, a. 
 
 „ Piscatorii, 581, a. 
 
 „ Plebeii, 581, a. 
 
 „ Pontificales, 581, Ij. 
 
 Ludi Quaestorii, 581, b. 
 „ Romani, 580, b. 
 „ Saeculares, 581, b. 
 „ Scenici, 579, b ; 612, a. 
 „ Tarentini, 581, b. 
 „ Taurii, 581, b. 
 Ludus, 455, a. 
 
 „ Duodecim Scriptoruni, 
 549, a. 
 
 „ Latrunculorum, 548, b. 
 
 „ Trojae, 234, a. 
 Luminum Servitus, 864, a. 
 Luncheon, 251, a ; 319, b. 
 Liipanar, 209, a. 
 Lupatum, 432, a. 
 Lupercalia, 582, b. 
 Luperci, 583, b. 
 Lupus Ferreus, 583, b. 
 Lustratio, 583, b. 
 Lustrum, 209, a ; 584, b. 
 Lychnuchus, 191, b. 
 Lyra, 585, a. 
 
 M. M. 
 
 Macedonianum Senatusconsultum 
 
 858, b. 
 Macchus, 108, b. 
 MoKeAAo, 572, a. 
 Macellarius, 586, b. 
 Macellum, 586, b. 
 Mdxaipa, 809, b. 
 Maxa/pioc, 809, b. 
 Maenia Lex, 563, a. 
 Maenianum, 43, a ; 232, a. 
 Magadis, 586, b. 
 Mdyeipoi, 321, a. 
 Magister, 586, b. 
 
 }> Admissionum, 12, a. 
 
 „ Armorum, 586, b. 
 
 ,, Auctionis, 114, a ; 
 154, b. 
 
 „ Bibendi, 925, b. 
 
 „ Epistolarum, 587, a. 
 Equitum, 338, b. 
 Libellonmi, 587, a. 
 
 „ Memoriae, 587, a. 
 
 „ Militum, 98, a. 
 Navis, 403, a. 
 
 „ Oflicioi-um, 587, a. 
 Populi, 337, b, 
 
 „ Scrinioi-um, 587, a. 
 
 Societatis,587,a;806,b. 
 
 „ Vicormu, 587, a. 
 Magistratus, 587, a. 
 Majestas, 588, a. 
 MatixaKTTipuiv, 175, b. 
 Majores, 516, a. 
 Mains, 1 76, b. 
 Malleolus, 589, a. 
 Malleus, 589, a. 
 maX\6s, 268, b ; 938, b. 
 Malluvium, 594, b. 
 Mains, 590, a. 
 Mahis Ocidus, 410, a. 
 Mamilia Lex, 563, a. 
 Manceps, 590, a. 
 Mancipatio, 590, b ; 591, a. 
 Mancipi Res, 353, a ; 1061, a. 
 
INDEX. 
 
 1109 
 
 Mancipii Causa, 590, b. 
 Mancipium, 591, a. 
 MacSo\oy, 505, b. 
 Mandatarius, 692, a. 
 Mandati Actio, 592, a. 
 Mandator, 592, a. 
 Mandatum, 592, a. 
 Mandrae, 549, a. 
 WauSvas, 543, a. 
 MavSvT), 543, a. 
 Mane, 339, b. 
 Mangones, 872, b. 
 Manica, 592, b. 
 Manilia Lex, 563, a. 
 Manipulus, 592, b. 
 Manlia Lex, 596, b. 
 Mansio, 594, a. 
 Mansionarius, 594, a. 
 Mansiones, 731, b. 
 VlavTetov, 668, a. 
 Ma;'T6is, 346, b. 
 Mantele, 594, b. 
 MavTiK?}, 346, b. 
 Manuarium Aes, 21, b. 
 Manubiae, 892, a. 
 Manuleatus, 218, b. 
 Manum, Conveiitio in, 601, b 
 
 602, b. 
 Manumissio, 594, b. 
 Manumissor, 595, b. 
 Manus, 21, b. 
 
 „ Ferrea, 46(), b. 
 Injectio, 596, b. 
 Mappa, 594, b. 
 Marcia Lex, 5G3, a. 
 Margines, 1 036, a. 
 MctpTjj, 597, a. 
 Maria Lex, 563, a. 
 Mopir, 597, a. 
 Marriage (Greek), 597, a. 
 
 ,, (Roman), 601, b. 
 Marsupium, 605, b. 
 Martialis Flamen, 424, b. 
 Martiales Ludi, 581, a. 
 Martius, 176, b. 
 Maprvfila, 605, b. 
 Masks, 742, a. 
 Massa, 21, a. 
 MacTTjpcs, 1 068, b. 
 Mastigia, 424, a. 
 MacrnyoipSpoi, 680, a. 
 Mcto-Tii, 424, a. 
 Masts, 590, a. 
 Matara, 469, a. 
 Mater, 254, b. 
 
 Materfamilias, 408, b ; 602, b. 
 Matralia, 608, a. 
 Matrimoniiim, 601, b. 
 Matrona, 602, b. 
 Mausolemn, 441, b. 
 MdCa, 320, b. 
 Mazonomus, 608, b. 
 Meals (Greek), 319, b. 
 
 ,, (Roman), 250, a. 
 MTjx'f'f, 957, 1). 
 Mediastini, 608, b. 
 Medicamina, 1047, b. 
 Medicine, 608, b. 
 Medicina, 608, b. 
 Medicus, 610, a. 
 Mcdiunius, (ill, li. 
 
 Meditrinalia, 612, a. 
 Megalenses Ludi, 612, a. 
 Megalensia, 612, a. 
 Megalesia, 612, a. 
 M^yapov, 946, b. 
 Vliiaywyos, 57, a. 
 MeiAi'xai, 215, b. 
 Meio;', 57, a. 
 VlelKia, 357, b. 
 M,J\T), 222, a. 
 KeXla, 4()7, b. 
 M(ALKparoi>, 1048, b. 
 MfAiTToCra, 435, b. 
 MeAA.6ip77J', 368, b. 
 MeAoTToiia, 629, a. 
 Membrana, 567, b. 
 Mennnia Lex, 189, b. 
 Mtiv, 175, b ; 613, b. 
 
 ,, apxS/xevos, 175, b. 
 
 ,, KoiAos, 175, b. 
 
 „ 6^)3oAi|Uo?os, 175, b. 
 
 ,, iVro^ecos, 175, b. 
 
 „ (pBivuiv, 175, b. 
 
 „ TrA7jp7)S, 175, b. 
 MeceAoeia, 612, b. 
 Mensa, 612, b. 
 ; Mensarii, 613, a. 
 Mensularii, 613, a. 
 Mensia Lex, 563, a. 
 Mensis, 613. 
 Mensores, 614, b. 
 Menstruum, 874, a. 
 MTjcuo-ij, 365, a. 
 MepKfSovios, 180, a. 
 Mercenary soldiers, 1066, b. 
 MepKi'SiTOS, 180, a. 
 Merenda, 251, b. 
 Meridiani, 455, b. 
 Meridies, 339, b. 
 M^crdyKvAov, 50, a. 
 MeaavAtos dvpa, 493, b. 
 MeiravAioc, 112, b. 
 MeVauAoj dvpa, 493, b. 
 Micrrififipla, 339, a. 
 MetroAa^eic, 707, b. 
 tlle(Xojj.<pa\iOV, 245, b. 
 Meffdroixor, 719, b. 
 MeToL^SoTrjs, 326, b. 
 Metae, 230, a. 
 MeTayciTcia, 615, a. 
 MiTayeiTvtwv, 175, b. 
 MetaUum, 1027, b. 
 MeTaciTTTpi's, 321, a. 
 KiraviTTTpov, 321, a. 
 MeTdi/Aos 6vpa, 493, b. 
 Metliodici, 615, a. 
 MfToiKiov, 616, a. 
 MeToifcoi, 615, b. 
 MeVoiTToj', 878, 1). 
 M-rjTpayiprai, 31, b. 
 ISIetretes, 6 1 6, b. 
 Metronomi, 610, b. 
 M^jpovofxoi, 616, b. 
 MijTpi^TroAij, 261, a. 
 Mile, 616, b. 
 
 Mile-stones, 616, b ; 1036, a. 
 Mille Passuum, 616, b. 
 Milliare, 616, b. 
 Milliarium, 616, b ; 1030, a. 
 Milliarium Aureum, 1036, a. 
 Mills, 619, a. 
 
 Mimus, 617, a. 
 Mina, 934, a. 
 Mines, 1027, b. 
 Minores, 304, a ; 516, a. 
 Mint, 620, a. 
 Minucia Lex, 563, b. 
 Minutio Capitis, 196, a. 
 MirmUlones, 456, a. 
 Mirror, 890, b. 
 Missio, 617, b; 455, a. 
 
 „ causaria, 617, b. 
 
 „ honesta, 617, b. 
 
 „ ignominiosa, 617, b» 
 Missus, 233, b. 
 M i<jeo<p6poi, 1060, b. 
 VliaBucews oiKOv Aiicr), 618, a. 
 Miffdov Ai'kt), 618, b. 
 Mi'toi, 942, b. 
 Mitra, 172, b; 1069, a. 
 Mixta Actio, 7, b ; 8, a. 
 Men, 934, a. 
 MprinaTo, 436, b. 
 Mi/rj/tieio, 436, b. 
 Mtoi'o, 294, b. 
 MoxAtfj, 505, b. 
 Modiolus, 308, a. 
 Modius, 6 1 8, b. 
 MoiX6i'a, 14, b. 
 Vloixeias ypa(p-q, 1 4, b. 
 Mola, 619, a. 
 Mola Salsa, 831, b. 
 Monaulos, 969, a. 
 Moncfci, 020, a. 
 Monetales Triumviri, 620, a. 
 Monetarii, 621, a. 
 Monile, 621, b. 
 Monitor, 957, a. 
 Mocoxp'U/uoToj', 681, a. 
 MovSypafifj-ov, 081, a. 
 Moz/o/ioxui, 454, b. 
 Monopodium, 612, b. 
 Monoxylon, 572, b ; 875, b. 
 Monstrum, 795, a. 
 Month (Greek), 175, b ; 613, b. 
 
 ,, (Roman), 176, b. 
 Monumentum, 441, b. 
 M<jpa, 88, b. 
 Morator, 233, a. 
 Morbus Comitialis, 274, b. 
 ]Mortarium, 622, a. 
 Mortars, 622, a. 
 Mos, 540, a. 
 
 Mosaics, 499, a ; 697, a. 
 M((0a/c€s, 236, b ; 471, a. 
 M6e<j)ues, 236, b ; 471, a. 
 Movvvxf-^ 622, b. 
 Movvvx^i^iv, 175, b. 
 Mourning for the dead, 438, b ; 
 
 443, a. 
 Mouo-em, 622, b. 
 yioxKTiiov, 623, b. 
 Mou(7tK7j, 624, b. 
 Moustiiches, 631, a. 
 Muciana Cautio, 210, a. 
 Mu/cT^pes, 375, b ; 579, a. 
 MuUer. 1022, a. 
 IMulleus, 728, a. 
 MuAos, 619, a. 
 Mulsa, 1048, b. 
 Mulsum, 1048, b. 
 Multa, 771, b. 
 
1110 
 
 INDEX. 
 
 Munerator, 454, b. 
 Municeps, 259, b. 
 Municipes, lOUif, a. 
 Municipium, 259, b ; 427, b. 
 Munus, 485, a ; 454, b. 
 Muralis Corona, 288, b. 
 Murk's, 1033, a. 
 Mvpfj.T]Kes, 215, b. 
 Murrca, Vasa, 623, a. 
 Murrliiiia Vasa, ()23, a. 
 MvppiutTTjs, 1048, a. 
 Murus, 717, b. 
 Muscarium, 423, b. 
 Musculus, 623, a. 
 Museum, 623, b. 
 Mu(T(o, 623, b. 
 Music (Greek), 623, b. 
 
 „ (Roman), 630, a. 
 Musica Muta, 712, a. 
 Musivarii, 697, a. 
 Musivum Opus, 499, b ; 697, a. 
 Mustaceum, 604, b. 
 Mvffrayuyos, 373, b ; 399, b. 
 Mvffrai, 373, b. 
 Mvara^, 631, a. 
 MvaT'qpioi', 631, b. 
 Mva-TiKn, 320, b. 
 Miio-rpoy, 320, b ; 632, b. 
 MvcTTpos, 320, b. 
 Mustum, 1045, a. 
 Mutationes, 594, a. 
 Mutui Actio, 631, b. 
 Mutus, 654, a ; 948, b. 
 Mutuura, 631, a. 
 Mv^ai, 375, b ; 579, a. 
 Mysteria, 631, b. 
 Mystrum, 632, b. 
 
 N. N. 
 
 Naenia, 439, b. 
 NofSioc, 437, b. 
 Nail, 239, b. 
 Names (Greek), 638, b. 
 
 „ (Roman), 639, b. 
 Nof^s, 946, b. 
 Narthecia, 1057, a. 
 Natiilitii Ludi, 581, a. 
 Natalibus Restitutio, 517, a. 
 Natatio, 138, b. 
 Natatorium, 138, b. 
 Naturales, 730, b. 
 Navalia, 632, b. 
 Navalis, Corona, 288, a. 
 
 „ Scril)a, 843, a. 
 Navapxia,, 632, b. 
 NaiiapxoS') 632, b. 
 Navarchus, 632, b. 
 Nau/cATjpoi, 924, a. 
 l^avKpap'ia, 633, a. 
 NavKpapos, 633, a. 
 Navigium, 875, b. 
 Navis, 875, b. 
 Naumachia, 633, b. 
 Naumachiarii, 633, b. 
 Nads, 875, b. 
 Nauta, 403, a. 
 NavTtKoi (ruyypa<pa'i, 521, Ij. 
 NauTiKoc, 524, b. 
 NawToSiKai, 634, a. 
 
 Nebris, 634, b. 
 Necessarii Heredes, 476, a. 
 Necklaces, 621, a. 
 N(Kp6Sempov, 438, a ; 1068, a. 
 NeKpodaTTTai, 439. 
 NeKuiria, 438, b. 
 Nefasti Dies, 340, a. 
 Negativa Actio, 280, b. 
 Negatoria Actio, 280, b. 
 Ncgligentia, 303, a. 
 Negotiorum Gestorum Actio, 
 
 635, a. 
 Ncjuaia, 635, a. 
 N^'yuea, 635, a. 
 Ncmean Games, 635, a. 
 Nf/xeTa, 635, a. 
 Nenia, 439, b. 
 NewKopoi, 17, a; 1068, a. 
 N6o5a/ituS€is, 236, b ; 471, a. 
 Neo^uAaKfs, 947, a. 
 Nedpia, 632, b. 
 NfW(ToiKoi, 632, b. 
 News, 946, a. 
 Nepos, 254, b. 
 Neptis, 254, b. 
 Neptunalia, 636, a. 
 Neroniana, 815, b. 
 N7)(TTei'o, 965, a. 
 Nets, 821, b. 
 Nexi, 636, a. 
 Ncxum, 636, a. 
 Nimbus Vitreus, 638, b. 
 Nix, 638, b. 
 
 Nobiles, 646, b ; 727, b. 
 Nodus, 638, b. 
 Nomen, 526, b. 
 
 ,, Latinum, 888, b. 
 
 „ (Greek), 638, b. 
 
 ,, (Roman), 639, b. 
 Nomenclator, 36, a. 
 N6fj.ia/xa, 621, a. 
 NoyUiV/ioToj Aia<l)6opcis 7pa^, 
 
 642, a. 
 No/xocpv\aKes, 642, a. 
 N6fj.os, 642, b. 
 NofModerris, 643, b. 
 Nonae, 181. 
 Norma, 644, b. 
 Nota Censoria, 645, a. 
 Notarii, 571, a. 
 Notatio Censoria, 645, a. 
 Notitia Dignitatum, 646, a. 
 Nwro(p6pos, 357, a. 
 Novacula, 129, a. 
 Novale, 70, b. 
 Novatio, 655, a. 
 Novellae, 64b', b. 
 Novellae Constitutiones, 646, b. 
 November, 176, b. 
 Novendiale, 442, b ; 646, b. 
 Noverca, 21, b. 
 Novi Homines, 646, b. 
 Novi Operis Nuntiatio, 666, b. 
 Nou/xrjct'a, 175, b. 
 Noxa, 647, a. 
 Noxalis Actio, 647, a. 
 Noxia, 647, a. 
 Nucleus, 1 035, b. 
 Nudipedalia, 174, a. 
 Nudus, 647, b. 
 Xumcratio, 852, a. 
 
 Nummularii, 613, a. 
 Numularii, 613, a. 
 Nummus, or Numus, 874 
 Nvfi(paytiiy6s, 599, a. 
 Nv/j.cp€vTtis, 599, a. 
 Nuncupatio, 951, b. 
 Nundinae, 648, a. 
 Nundinum, 648, b. 
 Nuntiatio, 116, b ; 666, b 
 Nuptiae, 601, b. 
 Nurus, 21, b. 
 Nuffffo, 895, a. 
 
 0. o. 
 
 Oars, 879, a. 
 
 Oatb (Greek), 649, a. 
 
 ,, (Roman), 650, b. 
 'n$ai, 452, b ; 992, a. 
 Obeliscus, 652, b. 
 Obelisks, 652, b. 
 'Ofi€\6s, 652, b. 
 Obligatio, 655, b. 
 Obligationes, 653, a. 
 Obolus, 360, a. 
 Obrogare legem, 559, a. 
 Obsidionalis Corona, 287, 
 Obsonium, 667, a. 
 Occatio, 817, a. 
 Occupatio, 657, b. 
 "Oxaurj, 245, b. 
 "Oxavov, 245, b. 
 "Oxwa, 1028, a. 
 Ocrea, 657, b. 
 'O/fpi'jSacTes, 957, a. 
 'Oicpillas, 683, b ; 957, a. 
 'OKTauTvAos, 265, a. 
 Octavac, 1028, a. 
 Octavia Lex, 563, b. 
 October, 176, b. 
 October Equus, 699, b. 
 October-horse, 699, b. 
 Octopboron, 550, b. 
 'OSovTaypa, 428, b. 
 'OSovTorpififia, 326, a- 
 Oecus, 496, b. 
 Oenomelum, 1048, b. 
 Oenophorum, 658, a. 
 Oenophoms, ()58, a. 
 Oesipum, 1057, b. 
 Ott'endiculum, 57, b. 
 Offendix, 57, b. 
 Officium Aduiissionis, 12, 
 'OySSSioy, 964, 1). 
 (Jgulnia Lex, 563, b. 
 OiaKovSfxos, 459. b. 
 OtaKoffrpocpos, 459, b. 
 Olicrj/xaTa, 493, b. 
 Oi.k4ttis, 8(i7, a. 
 Ol,c(a, 923, b. 
 OtKtds Ai'/cTj, 658, a. 
 O'iKKTTrjs, 261, a. 
 OIkoi, 493, b. 
 OIkos, 492, b. 
 O'tKorpifiaios, 867, a. 
 0(/f((Tp4, 866, b ; 867, a 
 OiK6(TtTus, 3()3, a. 
 OlvS/xeXi, 1048, b. 
 Ohus, 1044, a. 
 OiVo;(((oi, 925, b. 
 
INDEX. 
 
 1111 
 
 Olfox^oi, 925, h. 
 OlvScpopoi', 6tyH, a. 
 OiWi(TTiKi7, 348, b. 
 'OiarSs, 8;i3, a. 
 Oleagina Corona, "289, Ii. 
 011a, ().58, b. 
 OA^os, fi-li, a. 
 'OAu^TTia, (ii; 1, a. 
 'OAu/iTTias, (j59, a. 
 Olympiad, Cif), a. 
 Olympic Games, (iGl, a. 
 ' O.fio(payia, 343, b. 
 'Ofi(pd\os, 245, b. 
 Onager, 977, a. 
 'O^ipoTToAi'o, 348, b. 
 Onerariae naves, 877, b. 
 Oneris ferendi Servitus, 8C4. a. 
 "Ovofj-a, 638, b. 
 "Ovus, 619, a. 
 Onyx, 33, a. 
 Opalia, 666, b. 
 Operae, 729, b. 
 
 Operae Servorum ct Animalium, 
 863, b. 
 
 Opens Novi Nuntiatio, 666, b. 
 
 O<p9a\ij.os pdcTKavos, 4 1 0, a. 
 
 Opifera, 881, a. 
 
 OpLma Spolia, 893, a. 
 
 Opimiannm V^inum, 1049, a. 
 
 Opinatores, 667, a. 
 
 'OmcreSSo/xos, 946, b. 
 
 Opistographi, 567, b. 
 
 Oppia Lex, 919, b. 
 
 Oppidum, 231, a. 
 
 'Oifii^a, 667, a. 
 
 "O^f/ou, 667, a. 
 
 Opsonator, 667, b. 
 
 'O'^dvqs, G67, b. 
 
 'Oij/ov6fioi, 667, b. 
 
 'O\pocl>ayici, 667, a. 
 
 '0\l/a(pdyoi, 667, a. 
 
 Opsoniura, 667, a. 
 
 'Oi^ottwAtjj, 586, b. 
 
 'OtpoirwAeTov, 586, b. 
 
 'O^OTTwX'ia, 586, b. 
 
 Optio, 95, b ; 214. 
 
 Optimates, 667, b. 
 
 Optimi, 667, b. 
 
 Opus Novum, 666, b. 
 
 Oracles, 668, a. 
 
 Oraculum, 668, a. 
 
 Orarium, 674, b. 
 
 Orationes Principum, 674, b. 
 
 Orator, 675, a. 
 
 Orbus, 536, b. 
 
 Orca, 887, a. 
 
 OpxifTi 836, a. 
 
 Orchestra, 957, b. 
 
 'OpxifTus, 836, a. 
 
 Orchia Lex, 920, a. 
 
 Orcinus Libertus, 595, b. 
 
 Orcinus Senator, 595, b ; 849, b. 
 
 Ordinarii Gladiatores, 456, a. 
 
 „ Servi, 870, a ; 873, b. 
 Ordinarius Judex, 533, a. 
 Ordo, 676, b. 
 
 „ Decurionum, 259, a ; 676, b. 
 
 ,, Equestris, 396, a ; 668, a ; 
 676, b. 
 
 ,, Senatorius, 668, a ; 676, b ; 
 851, a. 
 
 Oreae, 432, a. 
 
 Organ, 503, a. 
 
 Organist, 503, a. 
 
 Orgamnn, 503, a. 
 
 "0^7111, 631, b. 
 
 'O/ryuia, 747, b. 
 
 Oriclialcum, 1 65, b. 
 
 Originarii, 785, a. 
 
 Ornamenta Triumplialia, 1009,b. 
 
 Ornatrix, 676, b. 
 
 'Opd6Sa)pov, 747, b. 
 
 'Cls. 418, a. 
 
 ' naxotpipio- or'0(rxo<J)(ipia, 677,a. 
 '0(Txo(p6poi, 677, a, 
 Oscines, 120, b. 
 Oscillum. 677, a. 
 Ostentum, 795, a. 
 Ostiarium, 677, b. 
 Ostiarius, 495, b. 
 Ostium, 495, b ; 503, b. 
 Ostracism, 125, a. 
 'OiTTpaKLOv, 417, b. 
 "OarpaKov, 125, a ; 417, b. 
 
 'oe6vn, 701, a. 
 
 'OeSytov, 701, a. 
 Ova, 230, b. 
 Ovalis Corona, 289, b. 
 Oias, 418, a. 
 Ovatio, 677, b. 
 OS5as, 503, b. 
 Oven, 429, b. 
 Ovile, 274, b. 
 Ovinia Lex, 563, b. 
 OvAafio'i, 89, a. 
 Ou\6xvra, 831, b. 
 OuAoxuToi, 831, b. 
 Ounce, 1056, b. 
 OvyKia, 1056, b. 
 Ovyy'ia, 1056, b. 
 Ovpana, 761, b. 
 Ovpiaxos, 4G7, b. 
 Oiiaias A'lKrj, 405, a. 
 'Oil's, 4, b. 
 'Of OS, 1047, b. 
 'O^vPapiov, 4, b. 
 'O^vffacpov, 4, b. 
 'Olu'jueAi, 1048, b. 
 
 P. n. *. ^. 
 
 Pactio, 656, b ; 657. a. 
 Pactiun, 656, b ; 657, a. 
 Paean, 678, a- 
 Paedagogia, 679, a. 
 Paedagogium, 679, a. 
 Paedagogus, 678, b. 
 Paenuia, 679, a. 
 Paganalia, 679, b. 
 Pagani, 679, b. 
 Paganica, 761, b. 
 Pagi, 679, b. 
 ITaiac, 678, a. 
 nai5a7to7(^s, 678, b. 
 TlaiSipaaTta, 4(il, a. 
 YIai.Sou6p.os, 680, a. 
 IlaiSoTpijSai, 463, a. 
 TlaiSoTpo(pia, 600, a. 
 Ylairiaiy, 678, a. 
 Painting, 680, a. 
 Ilaiuv, 678, a. 
 
 Pala, 697, b. 
 Palaestra, 698, a. 
 Ud\ai(rp.a, 698, b. 
 TlaKai(Tfj.o(rvvri, 698, b. 
 ITaAaiffT?;, 747, b ; 748, a. 
 naXatarpa, ()98, a. 
 Tla\aiaTpo<pv\aK€s, 464, a. 
 Palaria, 704. b. 
 Palatini Ludi, 581, a. 
 DciAt), 698, b. 
 TlaAiyKaTrrjAoi, 209, a. 
 Paliba, 699, b. 
 Palimpsestus, 567, b. 
 Palla, 700, a. 
 naAAa«:7), 279, a. 
 naAAaKi's, 279, a. 
 Palliata Fabula, 278, b. 
 Palliatus, 703, a. 
 Palliolum, 700, a. 
 PalHum, 700, a. 
 Palmipes, 747, a. 
 Palmus, 747, a. 
 Paludamentum, 703, b. 
 Paludatus, 703, b. 
 Palus, 704, b. 
 naixfioiooTia, 704, b. 
 ndfj.paxoi, 706, b. 
 Udfjt.<(>vAoi, 991, b. 
 Panatlienaea, 704, b. 
 Pancratiastae, 707, b. 
 Pancratium, 707, a. 
 Pandectae, 708, a. 
 UduSta, 71 1, a. 
 na!'SoK:f7o!', 208, b. 
 Uav-qyupis, 7 1 1 , a. 
 Panegyris, 7 1 1, a. 
 noceAArjyia, 71 1, b. 
 Ylaviwvia, 711,b. 
 UavoTTKla, 7 1 1 , b. 
 TlavovXKos, 942, a 
 Pantomimus, 712, a. 
 Paper, 567, a. 
 
 Papia Lex de Peregrinis, 562, b. 
 
 ,, Poppaea Lex, 535, b. 
 Papiria Lex, 563, b. 
 
 Plautia Lex, 563, b. 
 
 ,, Poetelia Lex, 564, a. 
 
 „ Tabellaria Lex, 930, a. 
 Papyrus, 557, a. 
 Par Impar Ludere, 713, a. 
 Parabasis, 277. b. 
 napa/SdAioy, 713, a. 
 YiapdfioKov, 7 1 3, a. 
 TJapaKaraPdWdv, 474, a. 
 YlapaKaTafio\-q, 713, a. 
 T!apaKaTa6riK7i, 713, a. 
 UapaKarad-qKris AIkt], 713, a. 
 napaxupriy7jp.a, 483, b ; 984, b. 
 Tlapaxuipi^P-ara, 984, b. 
 Tlapax^TTis , 578, b. 
 Paradisus, 713, b. 
 Paragauda, 713, b. 
 napayi/a0iSfs, 446, b. 
 UapayvaBiSiov, 432, a. 
 Tlapayparpri, 714, a. 
 Ilapai^aTTjs, 309, a. 
 IlapaiySoTis, 309, b. 
 UapaXtTai, 834, b. 
 ndpoAoi, 834, b. 
 ITopaAos, 834, b. 
 Tlapafolas ypa<pT^, 7 1 4, b. 
 
1112 
 
 INDEX. 
 
 Hapavofxwv ypa<frq, 7 1 a. 
 Tlapdvufiipos , 599, a. 
 Ilapa-n-eTa(T/j.a, 1028, b. 
 Purapherna, 35!!, 1). 
 napa-rrpecrPe'ia, 71o, 1). 
 napaTrp«rfffias 7pad)Tj, 716, a. 
 UapawXis, 776, b. 
 Tlapappv/xaTa, 881, a. 
 Parasang, 716, a. 
 Hapajdyyris, 716, a. 
 napaaKT^i/toir, 957, a ; 9S4, b. 
 Tlapdcrrifj.oy, 518, a. 
 Parasiti, 716, a. 
 Parasol, 1056, a. 
 napatTTaSej, 50, b. 
 Hapacrrds, 493, b. 
 UapdcrracTis, 330, a ; 7 17, a. 
 napaffrdrai, 372, a ; 880, a. 
 Parastatica, 51, a. 
 UapaBvpa, 503, b. 
 Parazonium, 1069. 
 Parchment, 567, b. 
 nap€Spia, 717, b. 
 TldpeSpoi, 717, a. 
 XlapiryopT'iij.ttTa, 984, b. 
 tlap'qiov, 4.32, a. 
 ^ap£la■ypa<p■)^^ 7 1 7, b. 
 Uap(i<7ypa<prjs ypa<pTj, 717, b. 
 Parentalia, 443, a. 
 UapTjopos, 308, b. 
 Paries, 717, b. 
 Parililia, 699, b. 
 Parma, 720, a. 
 Pamiula, 720, a. 
 Udpoxos, 599, a. 
 UdpoSoi, 957, a. 
 ndpoSos, 983, b. 
 Paropsis, 720, a. 
 Parricida,286,b. 
 Parricidium, 285, b. 
 Uapefviat, 720, b. 
 nap6euoi, 720, b. 
 nap0ece?ai, 720, b. 
 Partnership, 887, b. 
 Partus abactio, 37, a. 
 riopiKpT), 572, a. 
 Pascendi Servitus, 864, b. 
 Pascua, 1027, b. 
 Pascua publica, 843, a. 
 Passum, 104(), b. 
 Passus, 720, b. 
 Pastophoros, 720, b. 
 naffrSs, 721, a. 
 ndraiKOL, 518, 1). 
 Patella, 721, a. 
 Pater, 254, b. 
 Patrinius, 728, b. 
 Pater Familias, 408, b ; 724, a 
 
 725, b. 
 Pater Patratus, 416, a. 
 Patera, 721, a. 
 Pathologia, 722, a. 
 Patibulum, 443, b. 
 Patina, 724, a. 
 Patres, 726, a ; 849, a. 
 Patria Potestas, 724, b. 
 Patricii, 726, a. 
 Patrimi et Matrimi, 728, b. 
 Patrona, 729, a. 
 Patronomi, 728, b. 
 Patronus, 729, a. 
 
 Patnms, 254, b. 
 Pavimentiim, 499, a ; 1035, b. 
 Pavouacemn, 940, a. 
 Pauperie, Actio de, 731, b. 
 Pauperies, 731, b. 
 Pausarii, 731, b. 
 Pay of soldiers, 911, b. 
 niix^Si 301, a; 747, b. 
 Pecten, 731, b; 943, a. 
 Pecuarii, 732, a. 
 Peculator, 732, a. 
 Peculatus, 732, a. 
 Peculio, Actio de, 870, a. 
 Peculium, 869, b ; 870, a. 
 Peculium Castrense, 725, li. 
 Pecunia, 20, b ; 475, b. 
 Pecunia Certa, 654, a. 
 Pecuniae Repetundae, 819, a. 
 Pecus, 732, a. 
 nn)Sd\iov, 459, a. 
 Pedaneus Judex, 533, a. 
 Pedarii, 851, a; 853, b. 
 Pedica, 732, b. 
 rif'SiAoc, 173, b. 
 Pedisequi, 732, b. 
 Peducaea Lex, 564, a. 
 Pedum, 732, b. 
 Pegraa, 733, a. 
 IleAoTai, 733, a. 
 TleXdrris, 244, a. 
 UfKfKvs, 845, a. 
 n^AijI, 446, a. 
 Pellex, 280, a. 
 Pellis, 733, a. 
 n77AoTraTis, 741, b. 
 Pelta, 734, a. 
 
 UfAraaral, 85, a; 90, b ; 734, a. 
 Pen, 172, a. 
 XlrivT), 942, a. 
 Tiei/earai, 734, b. 
 riTjciKirj, 270, b. 
 U-fivtoy, 942, a. 
 Penicillus, 683, b. 
 Pentacosiomedimni, 2 1 2, a ; 96 5,1). 
 Tleyrafrrtpls, 662, b. 
 neyraXte'i(€tv, 936, b. 
 TlffTdXidos, 463, b. 
 Tlevrdirrvxa, 931, a. 
 Pentathli, 735, a. 
 Pentathlon, 735, a. 
 IlevTr)K6vTopos, 877, a. 
 UevrriKoiTTri, 736, a. 
 Vl^yTf KO(TroX6yoi, 736, a. 
 
 n^J'TTJfCOO'TUS, 88, b. 
 
 Ufvrfjpeis, 878, a. 
 rieTrAos, 736, a. 
 Peplum, 736, a. 
 ; Per Condictionem, 737, a. 
 
 Per Judicis Postulationeni, 737,b. 
 Per Manus Injcctionem, 596, b. 
 Per Pignoris Capionom, or Cap- 
 
 tionem, 737, b. 
 Pera, 737, b. 
 Perduellio, 588, b. 
 Perduellionis Duumviri, 738, a. 
 Peregrinus, 738, b. 
 Peremptoria Exceptio, 9, I). 
 Perfumes, 1057, a. 
 Pergula, 739, a. 
 TleptaKTot, 957, b. 
 UepiffoKos, 946, a. 
 
 n^piffpax^ovtov, 86, b. 
 XlepiSfiTTvov, 438, a. 
 Tlfpifxripia, 4 1 3, a. 
 ncpiVew, 880, a. 
 TlepwiKoi, 739, b. 
 HepiTTfTeia, 9 83, b. 
 riepiTro'Sioc, 519, a. 
 riepiTroAoi, 385, a. 
 n^piVrepos, 267, a. 
 Yl^pippavTTipia, 946, a. 
 Periscelis, 741, a. 
 nepiVrio, 36.3, b. 
 Poristiarch, 36.3, b. 
 Peristroma, 939, a. 
 IlfpicTuAioj/, 493, a. 
 Peristyliuni, 496, b. 
 UepneiX'ffuSs, 1026, 1). 
 Peritiores, 537, b. 
 Perjurium, 652, a. 
 Perjury, 649, a ; 652, a. 
 riepi'faijuo, 915, a. 
 Pero, 741, b. 
 Uep6vri. 41 7, a. 
 n€poc7j|Ua, 417, a. 
 Uepopls, 417, a. 
 Perpendiculuni, 742, a. 
 Perpetua Actio, 8, a. 
 Perula, 737, b. 
 Prosecutoria Actio, 8, a. 
 n^piffoAos, 828, b. 
 Persona, 742, a. 
 Pertica, 745, b. 
 Pes, 745, b. 
 neo-o-oi, 548, b. 
 Pessulus, 505, b. 
 Pesulania Lex, 564, a. 
 U(Ta\ia/x.6s, 125, b. 
 Ylerdmov, 763, a. 
 neVacos, 763, a. 
 Petasus, 763, a. 
 Petauristae, 748, b. 
 Petaurum, 748, a. 
 Petitor, 11, a; .36, a. 
 Petorritum, 748, b. 
 Petreia Lex, 564, a. 
 Tl€rpo^6\oi, 435, a. 
 Petronia Lex. 564, a. 
 ^aiciVSa, 761, b. 
 Phalae, 230, b. 
 Phalanga, 748, 1). 
 Phalanx, 91; 748, a. 
 Phalarica, 469, a. 
 id\apov, 749, a. 
 Phalera, 749, a. 
 Phallus, 341, b; 410, a. 
 *aAoj, 446, b. 
 Pharetra, 749, a. 
 Phannaceutica, 749, b. 
 ^apfiaKevTplai, 751, a. 
 ^apfiaKiSes, 751, a. 
 ^apfidKwv ypa<j>ij, 751, a. 
 ^apfiaKo'i, 955, a. 
 4>av6s, 412, b ; 547, a. 
 Pharos, or Pharus, 751, 1). 
 ^apos, 700, a. 
 Phaselus, 751, b. 
 ^dayavov, 457, a. 
 ^dais, 752, a. 
 ^eiSiTia, 928, b. 
 4>6ra(c7), 270, b. 
 Phcngites, 891, a. 
 
INDEX. 
 
 1113 
 
 ^epfj}, 357, 1) ; 358, a. 
 
 721 , a. 
 Philyra, 5R7, a. 
 ♦ijuds, 432, a. 
 idvos, 752, b. 
 tdvov AJkt), 753. 
 *opaj a4<arous, iJ.(6rifi(pivrjs Ai'/cr;, 
 
 755, a. 
 ^60ri, 208, a. 
 ^ofiela, 1!)4. a; 755, a. 
 ^opea<j>6poi, 550, a. 
 ^opfiof, 549, a. 
 ^6pfiiy^, 585, b. 
 4>op/j(Ss, 886, a. 
 'I'dpoj, <)44, b; 1027, a. 
 4'opT7;'yoi, 877, b. 
 ^opTticd, 877, b. 
 ^dawv, 701, a. 
 4>ajTo7£oy(a, 374, a. 
 ^parpiKov ypafifj.aTe7oy, 1 3, a. 
 4>paTpia, 235, 1) ; 23(1, a; 993, a. 
 Phrvgio, 700, b. 
 idopd, 14, a; 755, a. 
 4>6opa Twv 'EAeuSe'po))', 755, a. 
 "tuyTj, 124, a. 
 ^vKaKTi^piov, 45, b. 
 4>v\apxoi, 755, a. 
 <t>i/Ai{, 99(1, b. 
 
 *uAo^a(riAe?s, 400, b ; 755, b. 
 ^d\oi', 990, b. 
 4>u(rai, 428, a. 
 ^vffKrj, 155, b. 
 Phj'siolofjia, 756, a. 
 Physicians, 610, a. 
 Picatio, 1045, b. 
 Pictura, 680, a. 
 Pignoraticia Actio, 760, h. 
 Pignoris Capio, 737, b. 
 Pignus, 759, a. 
 Pila, 622, a; 761, a. 
 Pilani, 95, a. 
 Pilentum, 762, a. 
 Pileohim, 762, a. 
 Pileohis, 762, a. 
 Pileum, 762, a. 
 Pileus, 762, a. 
 Pilicrepus, 761, b. 
 ni'\7)|Ua, 762, a. 
 Ul\ioy, 762, a. 
 UiKos, 762, a. 
 Pilum, 468, a; 622, a. 
 Pinacotheca, 764, a. 
 Pinaria Lex, 564, a. 
 niVa|, 931, a. 
 
 Ulva^ 4KK\7)(naa-riK6s, 324, a. 
 
 Piscatorii Liidi. 581, a. 
 
 Piscina, 65, b; 138, b; 140, a. 
 
 U'la-craffts, 1045, b. 
 
 Pistillum, 622, a. 
 
 Pistor, 764, a. 
 
 Pistrinum, 619, b; 622, a. 
 
 Uieoi, 1045, b. 
 
 n(0oi7i'a, 342, b. 
 
 Pittaciura, 44, b ; 418, b. 
 
 Plaetoria Lex, 304, a. 
 
 Plaga, 822, b. 
 
 Plagiarius, 764, b. 
 
 Plagium, 764, b. 
 
 Planipes, 278, b. 
 
 UKairriKTi, 898, a. 
 
 nAora-yTj, 312, a. 
 
 Tl\aTay<ivioi>, 312, a. 
 Plaustrum, or Plostnim, 764, b. 
 Plautia or Plotia Lex de Vi, 
 1052, b. 
 
 ,, Judiciaria, 564, a. 
 Plebeii, 765, b. 
 Plcbeii Ludi, 581, a. 
 Plcbes, 765, b. 
 Plebiscitum, 769, I) ; 995, a. 
 Plebs, 765, b. 
 TlXriKTpoi', 586, b. 
 Plectniin, 586, b. 
 Pledges, 759. 
 Ti\(i(TTofioklv5a, 937, a. 
 UKT^fivn, 308, a. 
 nA7;(U0X<iai, 374, a. 
 TI\ti/j.ox^V^ y 374, b. 
 Pleiii Menses, 176, b; 177, b. 
 nxiepov, 747, b; 748, a. 
 YlKive'iov, 546, b. 
 UKivdis, 546, b. 
 XlKiveos, 546, b ; 892, a. 
 nAi^Ko^tos, 268, b. 
 'nKo7ov, 875, b. 
 Plough, 70. 
 TlKovnapi6s, 700, b. 
 Plumarii, 770, b. 
 TlXwr-fipia, 770, b. 
 Pleuteus, 552, b ; 770, b. 
 Pneumatici, 770, b. 
 ni/iJ|, 362, a. 
 Pnyx, 362, a. 
 IloKaj, 268, a. 
 Poculum, 771, b. 
 n<^5«, 876, b; 881, a. 
 Podium, 43, a. 
 noSoKOK/fr;, 197, a. 
 Poena, 771, b. 
 
 Poctelia Papiria Lex, 564, a; 
 
 637, b. 
 Tluywv, 128, a. 
 noi/ciATTjs, 700, b. 
 Tloieiv, 12, b. 
 Tloisladai, 12, b. 
 Hoi-qais, 12, b. 
 noiijTos, 12, b. 
 Poisoning, 751, a; 1031, a. 
 HoAefiapxos, 772, a. 
 riaiA^Toi, 772, a. 
 Tlu>\T]Trjpiov, 772, a, 
 rioAiTei'a, 234, b. 
 rioAiTrjs, 234, b. 
 Tlu\iro<pvKaKes , 933, a. 
 Pollicaris, 747, a. 
 Pollicitatio, 657, a. 
 Pollinctores, 439, a. 
 noAoy, 486, b. 
 TloKvirrvxa, 931, a. 
 Polychromy, 686, a. 
 Polymita, 943, b. 
 Pomoerium, 772, b. 
 Pompa, 773, a. 
 Pompa Circensis, 233, a. 
 Porapeiae Leges, 564, b. 
 Pondo, 570, b. 
 Pons, 161. 
 
 „ Aelius, 163, b. 
 
 ,, Aemilius, 162, a. 
 
 ,, Cestius, 162, b. 
 
 ,, Fabricius, 162, b. 
 
 ,, Janiculensis, 163, a. 
 
 Pons Milvius, 163, a. 
 
 ,, Palatinus, 162, b. 
 
 ,, Sul)licius, 162, a. 
 
 ,, Vaticanus, 163, a. 
 Pontifex, 773, a. 
 Pontificcs Minorcs, 775, b. 
 Pontiticales Libri, 774. 
 
 ,, Ludi, 581, b. 
 Pontificium Jus, 539, a ; 774, b ; 
 
 775, a. 
 Ponto, 776, a. 
 
 Popa, 209, a ; 303, b ; 832, a. 
 Popilia Lex, 563, b. 
 Popina, 209, a. 
 Poplifugia, 776, a. 
 Populares, 667, b. 
 
 ,, Actiones, 1043, b. 
 Popularia, 43, a. 
 Populus, 726. 
 
 Populifugia, or Poplifugia, 776, a. 
 
 Por, 871, b. 
 
 Porciae Leges, 564, a. 
 
 Tl6pi/n, 480, b. 
 
 Tlopueiou, 481, a. 
 
 nupyiKoi' TeAos, 481, a; 482, a. 
 
 Uopvol3o(TKo'i, 481, a. 
 
 HopvoTfKwi'ai, 481, a. 
 
 nopitTTat, 776, a. 
 
 Vlopfoypacpia, 694, a. 
 
 nop7ra|, 245, b. 
 
 Uopirr], 417, a. 
 
 Tlopv-q/xa, 417, a. 
 
 Porta, 776, b. 
 
 Portcullis, 206. b. 
 
 Portentum, 795, a. 
 
 Porticus, 777, b. 
 
 Portisculus, 731, b ; 778, a. 
 
 Portitorcs, 778, a; 807, b. 
 
 Portorium, 778, a. 
 
 Portumnalia, 778, b. 
 
 Portunalia, 778, b. 
 
 Posca, 778, b. 
 
 XlofffiSetiv, 175, b. 
 
 no(r6i5wcia, 778, b. 
 
 Possessio, 779, a. 
 
 Possessio Bonorum, 154, b. 
 
 Possessio Clandestina, 523, a. 
 
 Possessor, 779, a. 
 
 Posies, 504, a. 
 
 Posticum, 503, b. 
 
 Postliminium, 782, b. 
 
 Postmeridianum tempus, 339, b. 
 
 Postulaticii, 456, a. 
 
 Postumus, 478, b. 
 
 Potestas, 724, b. 
 
 Pottery, 417, b. 
 
 rioSs, 745, b. 
 
 npoKTopes, 784, a. 
 
 Praecidaneae Feriae, 415, b. 
 
 Praecinctio, 43, a ; 95(), a. 
 
 Praecinctus, 1015, a. 
 
 Praecones, 784, b. 
 
 Praeconium, 784, b. 
 
 Praeda, 783, b ; 784, a ; 892, a. 
 
 Praediator, 789, a. 
 
 Praediatorium Jus, 789, a. 
 
 Praediorum Servitutes, 863, b. 
 
 Praedium, 785, a. 
 
 Praefectus, 94, a. 
 
 ,, Aerarii, 20, a. 
 „ Annonae, 786, a. 
 
 4 c 
 
1114 
 
 INDEX. 
 
 Praefectus Aquarum, 66, a. 
 
 „ Castroruni, 786, b. 
 
 „ Classis, 786, b. 
 
 „ Fabrum, 406, a. 
 
 „ Juri Dicundo, 259, a. 
 
 „ Praetorio, 786, b. 
 
 „ Vigilum, 787, a. 
 Urbi, 787, a. 
 Praefectura, 259, b ; 260, a. 
 Praeficae, 439, b. 
 Praefuniium, 1 42, a ; 429, b. 
 Praejudicium, 788, a. 
 Praelusio, 455, a. 
 Praenomen, 640. 
 Praepetes, 1 20, b. 
 Praepositus, 788, b. 
 Praerogativa Centuria, 274, b ; 
 997. 
 
 Tribus, 997. 
 Praerogativae, 997, b. 
 Praes, 788, b. 
 Praescriptio, 789, a. 
 Praeses, 801, a ; 802, b. 
 Praesul, 835, b. 
 
 Praeteriti Senatores, 646, a ; 
 
 850, b. 
 Praetexta, 975, b. 
 Praetextata Fabula, 278, b. 
 Praetor, 790, a. 
 
 „ Peregrinus, 790, b. 
 
 „ Urbamis, 790, b. 
 Praetoria Actio, 8, a. 
 
 „ Coheirs, 791, b. 
 Praetoriani, 791, b. 
 Praetorium, 792, a. 
 Praevaricator, 860, a. 
 Pragmatic!, 675, b. 
 Prandium, 251, b. 
 nparr/p Xidos, 867, a. 
 Tlpa^iepyiSai, 770, b. 
 Precariura. 523, a. 
 Prehensio, 989, b. 
 Prelum, or Praelum, 792, a. 
 Prensatio, 36, b. 
 Tlpri(Trijp€s, 428, a. 
 Priests, 828, b. 
 Primicorius, 792, b. 
 Primipilaris, 214, b. 
 Primipilus, 214, b. 
 Princeps Juventutis, 397, b. 
 
 „ Senatus, 850, b ; 851, a. 
 Principales Constitutiones, 282,a. 
 Principes, 95, a ; 593. 
 Principia Principalis Via, 203, a ; 
 
 204, a. 
 Tlplav, 861, b. 
 Prison, 197. 
 Privatae Feriae, 413, b. 
 Privatum Jus, 237, b ; 540, b. 
 Privilegium, 560, &, 
 Privigna, 21, b. 
 Privignus, 21, b. 
 Tlpodyvevo'is, 373, a. 
 Upoayuyelas ypatp-^, 792, b. 
 Proavia, 254, b. 
 Proavunculus, 254, b. 
 Proavus, 25 4, b. 
 npoy8o\57, 792, b. 
 npofiovKev/xa, 156, b; 157, a; 
 
 644, b. 
 TIpSPovXoi, 794, a. 
 
 npoKadapats, 373, a. 
 npJ«:Ar)(7is, 330, b. 
 Upox^'poTovia, 157, a. 
 Proconsul, 794, b ; 800, b. 
 Procuratio Prodigiomm, 795, a. 
 Procurator, 10, a; 175, a; 423, a; 
 
 795, a ; 801, a. 
 Prodigies, 759, a. 
 Prodigium, 759, a. 
 Prodigus, 304, b ; 305, b ; 948,b. 
 np(<SO|Uos, 946, b. 
 TlpoSoa-'ia, 795, b. 
 npoSocrias ypacptj, 796, a. 
 Tlp6Spo/j.os, 493, b. 
 TIpo€Spevov(Ta <pv\ij, 158, b. 
 TipoeSpia, 235, a. 
 YlpSfSpoi, 156, b ; 158. 
 TlporjSpddia, 796, b. 
 npo6i(r<popct, 371, a. 
 TlpofKTcpopds A'lKri, 796, b. 
 Proeliales Dies, 340, b. 
 npo(:/x0o\is, 878, b. 
 Profesti Dies, 340, a. 
 Upoyd/ieta, 598, b. 
 Progener, 21, b. 
 npta't, 339, a. 
 
 Projiciendi Servitus, 864, a. 
 
 npoi|, 358, a. 
 
 Proletarii, 196, a ; 273, b. 
 
 np6\oyos, 983, b. 
 
 TlponavTeia, 668, b. 
 
 UpSfiavTis, 670, b. 
 
 Proniatertera, 254, b. 
 
 TIpon-qBeia, 796, b. 
 
 Promissa, 603, a. 
 
 Promissor, 653, b. 
 
 Tlpoixv)j(TTpiai, 598, b. 
 
 Upo/j.vr)<rTp'iS€s, 598, b. 
 
 Promulsis, 251, b ; 1048,b. 
 
 Promus, 211, a. 
 
 Promuscondus, 211, a. 
 
 Upovaos, 946, b. 
 
 Pronepos, 254, b. 
 
 Proneptis, 254, b. 
 
 Pronubae, 605, a. 
 
 Pronubi, 605, a. 
 
 Pronurus, 21, b. 
 Tlpoufioaia, 336, a. 
 Property-tax (Greek), 370, b. 
 
 (Roman), 998, b. 
 Propnigeum, ] 42, a. 
 UpocpijTT]!, 373, b ; 668, b. 
 npo(f>rjTis, 668, b. 
 Propraetor, 800, b. 
 np6irovs, 881, a. 
 Proprietas, 353 ; 779, a. 
 Prora, 878, b. 
 npojpeuy, 879, a. 
 npoiTKe((>a.\€iov, 551, b. 
 Proscenium, 957, a. 
 Tlp6(TKXricns, 335, b ; 606, a. 
 Proscribere, 797, a. 
 Proscripti, 797, a. 
 Proscriptio, 797, a. 
 Tipo(TKvi'rt(ns, 14, a. 
 Prosecta, 832, a. 
 Prosiciae, 832, a. 
 TlpoaaTreiov, 742, a. 
 T\p6<Tii>Trov, 742, a. 
 npoo-Taj, 493, b. 
 npoo-TaTijj, 569, a ; 616, a. 
 
 Upo(ndrr\s tov Airi/iov, 797, b. 
 
 npoarifxav, 23, b. 
 
 npotrTi^otrflai, 23, b. 
 
 npo(rTi'/ir)^to, 971, b. 
 
 Prostitutes, 480, b. 
 
 Tlpoardov, 493, a. 
 
 Xlp6(nvKos, 267, a. 
 
 Ilp6(TTVTra, 377, b. 
 
 TlpalTaya>l'la^T^^s, 483, b. 
 
 T[poTe\eia ydfiwv, 598, b. 
 
 UpSdea-is, 435, b. 
 
 npudea/jLia, 797, b. 
 
 npoBea-n'ias v6fios, 797, b. 
 
 np6evpa, 493, a ; 506, b. 
 
 TlpwT6\€iov, 355, b. 
 
 UpSrovoi, 876, a ; 880, b. 
 
 Tlporpvyia, 797, b. 
 
 Provincia, 798, a. 
 
 Provocatio, 63, a. 
 
 Provotatores, 456, a, 
 
 ripo^ej/ia, 490, a. 
 
 X\p6\(vos, 491, a. 
 
 Proximus Admissionum, 12, a. 
 „ Infantiae, 516, b. 
 „ Pubertati, 516, b. 
 
 Prudentiores, 537, b. 
 
 TipvK4(s, 225, b ; 837, a. 
 
 ripuAij, 837, a. 
 
 npi5jU(/r), 879, a. 
 
 ITpi/Taceia, 1 56, b. 
 
 TlpvTavuov, 803, b. 
 
 TlpvTay€is. 156, b; 158 ; 804,a. 
 
 VdXiov, 86, a. 
 
 ■Va\'is, 428, b. 
 
 Vf\iov, or 'VeWiov, 86, a. 
 
 '¥v<pfrtia. 157 ; 364, b; 644, b. 
 
 •Vii<pos, 804, a ; 824, b. 
 
 'VevSeyypa(pijs ypa<p-^, 805, a. 
 
 ''^^^v^0K\■r|T€'^as ypacpi^, 805, b. 
 
 "^evSoSiiTTepo!, 265, a. 
 
 'VevSo/j.apTvpiwv aIkt), 607, b. 
 
 ViAoi', 84, b ; 90, b. 
 
 ■VvKTTjp, 806, a. 
 
 UTvKTiov, 931, a. 
 
 TItvov, 697, b. 
 
 Tlvai'e\f/ia, 806, a. 
 
 rii/oveif'itij', 175, b. 
 
 Pubertas, 304, a ; 509, b ; 51 6,a. 
 
 Pubes, 510, a. 
 
 Publicae Feriae, 414, a. 
 
 Publicani, 806, a. 
 
 Publici Servi, 871,a ; 873, a. 
 
 Publicia Lex, 564, b. 
 
 Publiciana in Rem Actio, 807, b. 
 
 Publicum, 806, a. 
 
 Publicum Jus, 237, b ; 540, b. 
 
 Publicus Ager, 25 ; 782, a. 
 
 Publilia Lex, 808, a. 
 
 Publiliae Leges, 808, a. 
 
 IlvKv6(TTv\os, 265, a. 
 
 nuKToi, 808, b. 
 
 HueAoi, 436, b ; 578, a. 
 
 Puer, 871, b. 
 
 Pugilatus, 808, b. 
 
 Pugiles, 808, b. 
 
 PugiUares, 931, a. 
 
 Pugio, 809, b. 
 
 Uvyfiaxia, 808, b. 
 
 nvy/xv, 808, b; 747, b; 748, a. 
 
 Tlvyfioavvri, 808, b. 
 
 Uvydiv, 747, b ; 748, a. 
 
INDEX. 
 
 111.5 
 
 Tlv\ay6pat, 39. 
 
 TIvKti, 77c, b. 
 
 UuXis, 776, b. 
 
 Pullarius, 121, a. 
 
 nuAoi;/, 493, a ; 777, a. 
 
 Pulpitum, 957, a. 
 
 Pulvinar, 810, a. 
 
 Pulvinus, 810, a. 
 
 Punctum, 275, a. 
 
 Pupia Lex, 564, b. 
 
 PupiUus, 509 ; 516, a; 1020, a. 
 
 PupiUaris Substitutio, 477, a. 
 
 Puppis, 879, a. 
 
 Hvpdypa, 428, b. 
 
 nvpai, 436, b. 
 
 Tlvpyos, 1018, a. 
 
 Tlvpta, 578, b. 
 
 Ilvpiar-/\piov , 578, b. 
 
 Purification, 583, b. 
 
 HvpofiavTeia, 347, b. 
 
 Tlvp^iXVi 837, a. 
 
 Tlvpl>ix^(TTa(, 837, a. 
 
 Purses, 605, b. 
 
 Puteal, 810, a. 
 
 Puteus, 1 38, b. 
 
 nv0La, 810,b. 
 
 nu0ioi, 810, b. 
 
 Ilvd6xpv'''<'h 402, b. 
 
 Puticulae, 441 , b. 
 
 Puticuli, 441, b. 
 
 nu|, 808, b. 
 
 Uvl'iSiov, 812, b. 
 
 nvl'iou, 169, a. 
 
 ni^is, 812, b. 
 
 riu'los, 169, a 
 
 Pyra, 440, a. 
 
 Pyrrhica, 837, a. 
 
 Pythia, 668, b. 
 
 Pythian Games, 810, b. 
 
 Pytho, 668, a. 
 
 Pyxidula, 812, b. 
 
 Pyxis, 812, b. 
 
 Q- 
 
 Quadragesima, 812, b. 
 Quadrans, 102, a; 570, b. 
 Quadrantal, 301, a. 
 Quadratarii, 697, a. 
 Quadriga, 149, b; 309, a. 
 Quadrigatus, 149,b. 
 Quadriremes, 878, a. 
 Quadrupes, 731, b. 
 Quadniplatores, 81 3, a. 
 Quadruplicatio, 10, a. 
 Quadrussis, 102, b. 
 Quaesitor, 531, a. 
 Quaestiones, 531, a; 791, a. 
 
 ,, Perpetuae, 531, a ; 
 791,3. 
 Quaestor, 813, a. 
 Quaestores Classici, 813, b. 
 
 Parricidii, 813, a. 
 ,, Sacri Palatii, 815, a. 
 Quaestorii Ludi, 581, b. 
 Quaestorium, 203 (plan) ; 204, a; 
 206, a. 
 
 Quaestura Ostiensis, 814, a. 
 Quales-Quales, 873, b. 
 
 Qualus, 173, b. 
 
 Quanti Minoris Actio, 815, a. 
 
 Quartarius, 875, b. 
 
 QuasiUariae, 173, b ; 940, b. 
 
 Quasillum, 1 73, b. 
 
 Quatuorviri Juri Dicundo, 259, a. 
 
 Quatuorviri Viarum Curandarum, 
 
 815, a; 1036, b. 
 
 Querela Inofficiosi Testament!, 
 
 953, a. 
 Quinarius, 325, b. 
 Quinctilis, 176, b. 
 Quincunx, 102, a; 570, b. 
 Quindecimviri, 316, a. 
 Quinquagesiiua, 815, a. 
 Quinquatria, 815, a. 
 Quinquatrus, 815, a. 
 Quinquennalia, 815, b. 
 QuinquennaUs, 259, b. 
 Quinqueremes, 878, a. 
 Quinquertium, 735, a. 
 Quinqueviri, 816, a. 
 
 ,, Mensarii, 613, b. 
 Quintana, 203, a ; 204, b. 
 Quintia Lex, 564, b. 
 Quintilis, 176, b. 
 Quirinalia, 816, a. 
 Quirinalis Flamen, 424, b. 
 Quiritium Jus, 237, b ; 540, b. 
 Quiver, 749, a. 
 Quod Jussu, Actio, 542, b. 
 Quorum Bonorum, Interdictum, 
 
 816, a. 
 
 R. 'P. 
 
 Races, 232, a. 
 Radius, 308, a. 
 Ramnenses, 726, b. 
 Ramnes, 726, b. 
 
 Rapina or Rapta Bona, 153, b; 
 
 444, b. 
 Rallum, 817, a. 
 Rallus, 817, a. 
 Rastellus, 817, a. 
 Raster, 817, a. 
 Rastrum, 817, a. 
 Rates, 875, b. 
 
 Rationibus Distrahendis Actio, 
 
 1021, b. 
 Razor, 129, a. 
 
 Recepta; de Recepto,Actio, 81 7,b 
 Recinium, 824, a. 
 Recinus, 824, a. 
 Recissoria Actio, 521, a. 
 Rector, 802, b. ' 
 Recuperatores, 9 ; 529, a. 
 Reda, 823, b. 
 Redemptor, 818, a. 
 Redhibitoria Actio, 818, a 
 Redimiculum, 818, a. 
 Regia Lex, 818, a. 
 Regifugium, 818, b. 
 Regina Sacrorum, 823, b. 
 Regula, 819, a. 
 Rei Residuae Exceptio, 9, b. 
 Rei Uxoriae or Dotis Actio, 359. 
 Relatio, 854, a. 
 Relegatio, 126, a. 
 Relegatus, 1 26 , a. 
 Remancipatio, 349, a; 376, b. 
 
 Remmia Lex, 189, b. 
 Remuria, 558, a. 
 Remus, 879, a ; 880, h. 
 Repag-ula, 505, b. 
 Repetundae, 819, a. 
 Replicatio, 10, a. 
 Rcpositorium, 262, a. 
 Repotia, 605, a. 
 Repudium, 349, b. 
 Res, 353, a. 
 
 ,, communes, 353, a. 
 
 ,, corporales, 353, a. 
 
 „ divini juris, 353, a. 
 
 ,, hereditariae, 353, a. 
 
 ,, humani juris, 353, a. 
 
 ,, immobiles, 353, a. 
 
 ,, incoi-porales, 353, a. 
 
 ,, mancipi, 353, a ; 1061, a. 
 
 ,, mobiles, 353, a. 
 
 nec mancipi, 353, a; 1061, a. 
 
 ,, nuUius, 353, a. 
 
 ,, privatae, 353, a. 
 
 ,, publicae, 353, a. 
 
 ,, religiosae, 353, a. 
 
 ,, sacrae, 353, a. 
 
 ,, sanctae, 353, a. 
 
 ,, universitatis, 353, a. 
 
 ,, uxoria, 348, b. 
 Rescriptum, 282, a. 
 Responsa, 437, b. 
 Respublica, 1058, a. 
 Restitutio in Integrum, 820, a. 
 Restitutoria Actio, 421 , a. 
 Rete, 821, b. 
 Retentio Dotis, 349, a. 
 Retiarii, 456, a. 
 Reticulum, 172, b; 821, b. 
 Retinacula, 881, a. 
 Retis, 821, b. 
 Reus, 11, a; 656, a. 
 Rex Sacrificulus, 823, a. 
 
 ,, Sacrificus, 823, a. 
 
 ,, Sacrorum, 823, a. 
 'Pa/85iW, 683, b. 
 'PafiSovofj-oi, 24, a. 
 'Pd&Sos, 1052, a. 
 'Pa0Sovxoi, 24, a. 
 'Paiarrip, 589, a. 
 'Paul's, 1 1 , b. 
 Rheda, 823, b. 
 'Piyyia, 551, a. 
 'PTjTcSp, 823, b ; 922, b. 
 'PjjTopi/ci; ypa<(>'fi, 823, b. 
 'P<)Tpa, 642, b. 
 'Ptuoirv\7i, 776, b. 
 'Pirn's, 423, b. 
 'PiirKTTrjp, 423, b. 
 'PoSduri, 941, b. 
 Rhodia Lex, 564, b. 
 'PoS6fxe\t, 1048, b. 
 'P6iTTpov, 506, a. 
 'Pii/ijtia, 578, b. 
 ^Pv^^6s, 308, a. 
 'Puirapoypa<|)i'a, 694, a. 
 'Pi(Tia, 918, b. 
 'Pvr6v, 824, a. 
 Rica, 425, b. 
 Ricinium, 824, a. 
 Rings, 824, a. 
 Road, 1034, a. 
 Robigalia, 826, a. 
 
1116 
 
 INDEX. 
 
 Robur, 197, b. 
 Rogare Legem, 559, a. 
 Rogatio, 559. 
 
 Rogationem accipere, 559, a. 
 
 ,, promulgare, 559, a. 
 Rogationes Liciniae, 826, a. 
 Rogatores. 345, b. 
 Rogus, 440, a. 
 Romana, 700, a. 
 Romphea, 468, b. 
 Rope-dancers, 434, a. 
 Ropes, 827, b. 
 Rorarii, 827, a. 
 Roscia Theatralis Lex, 564, b. 
 Rostra, 827, a. 
 Rostrata Columna, 267, b. 
 
 Corona, 288, a. 
 Rostrum, 878, b. 
 Rota, 307, b; 308, a ; 417, b. 
 Rubria Lex, 564, b. 
 Rubrica, 112, a. 
 Rudder, 459, a. 
 Rudens, 827, b. 
 Ruderatio, 499, b. 
 Rudiani, 455, b. 
 Rudis, 455, a. 
 Rudus, 1035, b. 
 Ruffuli, 990, b. 
 Rumpia, 468, b. 
 Runcina, 828, a. 
 Rupiliae Legos, 565, a; 798, a. 
 Rutabulum, 828, b, 
 Rutellum, 828, a. 
 Rutiliana Actio, 828, a. 
 Rutrum, 828, a. 
 
 S. 2. 
 
 Sabanum, 701, b. 
 So/cp^u^acToi, 172, b. 
 Saccus, 1046, a. 
 Sacellum, 828, b. 
 Sacena, 352, a. 
 Sacerdos, 828, b. 
 Sacerdotium, 828, b. 
 Sacra, 829, b. 
 
 Gentilitia, 449, a. 
 
 „ Municipalia, 830, b. 
 
 ,, Privata, 830, a. 
 
 „ Publica, 830,a. 
 Sacramento, 1041, b. 
 Sacramentum, 651 , a ; 1 042, a. 
 Sacrariiim, 830, b. 
 Sacratae Leges, 565, a. 
 Sacrifices, 830, b. 
 Sacrificinm, 830, b. 
 Sacrilegium, 832, b. 
 Sacrilegus, 832, b. 
 Sacronim Alienatio, 449, a. 
 
 „ Detestatio, 449, a. 
 Sacrum Novemdiale, 414, a. 
 Saddles, 386, a. 
 Saeculares Ludi, 581, b. 
 Saeculum, 832, b. 
 ^.ayrivri, 822, b. 
 ^dytov, 574, b. 
 Sagitta, 833, a. 
 Sagittarii, 833, b. 
 ^dyfia, 357, a. 
 Sagmarii equi, 357, a. 
 
 Sagmina, 834, a. 
 Sagulum, 834, a. 
 Sagum, 834, a. 
 Sails, 880, b. 
 Salaminia, 834, a. 
 ^aKafiivioi, 834, b. 
 Salarium, 834, b. 
 Salii, 835, a. 
 Salillum, 836, a. 
 Salinae, 83.5, b ; 1027, b. 
 Salinum, 836, a. 
 2aATri7|, 1012, a. 
 Salt, 1027, b. 
 Salt-cellar, 836, a. 
 Salt-works, 835, b ; 1027,b. 
 Saltatio, 836, a. 
 Saltus, 843, a. 
 
 Salvianum Interdictum, 522, b. 
 
 Salutatores, 838, b. 
 
 Sambuca, 838, b. 
 
 Sarabucistriae, 838, b. 
 
 Samnites, 456, a. 
 
 Sandal, 145, b; 890, a. 
 
 Sandalium, 839, a. 
 
 Sandapila, 439, b. 
 
 Sovi'i, 505, a. 
 
 Sapa, 1045, a. 
 
 Sarcophagus, 440, a. 
 
 Sarculum, 839, b. 
 
 Sardiani, 580, a. 
 
 Sarissa, 468, b. 
 
 Sarracum, 839, b. 
 
 Sartago, 840, a. 
 
 Satira, 840, a. 
 
 Satisdatio, 10, a. 
 
 Satura, 840, a. 
 
 Satura Lex, 559, b ; 840, a. 
 
 Saturnalia, 840, b. 
 
 Sdrvpos, 979, a. 
 
 SavpuTrjp, 467, b. 
 
 Saw, 861, b. 
 
 ScabeUum, 311, b; 842, a. 
 Scabillum, 311,b. 
 Scalae, 841, b. 
 Scalae Gemoniae, 197, b. 
 Scales, 569, a. 
 S/foAi'j, 839, b. 
 Sealmi, 879, a. 
 Scalpellum, 222, a. 
 Sealptura, 843, b. 
 Scalpturatum, 499, a. 
 Scamnum, 842, a. 
 Scantinia Lex, 565, a. 
 ^KairepSa, 463, b. 
 Scapha, 842, a. 
 Scapus, 266, a. 
 'XKo/pri, 295, a. 
 ^Ka<pT](l>op'ia, 501, b. 
 Scena, 957, a. 
 
 Scenici Ludi, 57.9, b ; 612, a. 
 2K€Trapvoy, 103, a. 
 S/crjTTToSxoi, 842, b. 
 S/c^TTTpoc, 842, a. 
 Sceptrum, 842, a. 
 2/C€u7) KpffxaaTOL, 880, a. 
 
 „ vK^KTo., 879, b. 
 
 „ IvAim, 879, b. 
 '2,Kiv6cpopos , 501, b. 
 SxcSi'ai, 161,b ; 87.% b. 
 2xi)/iaTa Tfrpdyuiva, 479, b. 
 Schoenus, 842, b. 
 
 'S.xoivia, 880, b; 881, a. 
 
 'S,xoivofiaTTi)s, 434, a. 
 
 'Zxoivos, 842, b. 
 
 Schola, 138, b. 
 
 2/fia, 680, b. 
 
 'S.KiaSeiov, 1056, a. 
 
 '^KiaS-qtpopia, 501, b. 
 
 2/cioSioi', 1056, a. 
 
 ^Kiayparpri, 680, b. 
 
 2Kiaypa<pla, 680, b. 
 
 2(cias, 966, b. 
 
 ^KiddTipov, 486, b. 
 
 2/ci'^7rous, 552, a. 
 
 Sciothericum, 487, b. 
 
 '2,Kipo(popi<iv , 175, b. 
 
 Scipio, 842, a. 
 
 Scire, 855, b. 
 
 Scissor, 252, a. 
 
 Scitum Populi, 558, b. 
 
 2KoAa|, 434, a. 
 
 2KoAo\f , 300, a. 
 
 Scorpio, 977, a. 
 
 Scoi'tea, 679, b. 
 
 Screw, 248, a. 
 
 Scribae, 843, a; 1058, a. 
 
 Scribonia Lex, 565, a; 1063, b. 
 
 Scrinium, 195, a. 
 
 Scriplum, 843, a. 
 
 Scripta, 778, b. 
 
 Scripta Duodecim, 549, a, 
 
 Scriptura, 843, a. 
 
 Scripturarii, 843, b. 
 
 Scripulum, 843, b. 
 
 Scrobes, 67, a. 
 
 Scrupulum, 843, b ; 1056, b. 
 Sculptura, 843, b. 
 Sculpture, 843, b ; 897, b. 
 SKvpta AIkt), 844, b. 
 'SicvToXri, 845, a. 
 2/fu0at, 323, b. 
 Scutum, 844, b. 
 Scytale, 843, a. 
 Scythe, 406, b. 
 2Wr, 946, b. 
 Sectatores, 3(), a. 
 Sectio, 845, a. 
 Sector, 845, a. 
 
 Sectorium Interdictum, 522, b ; 
 
 845, a. 
 Securicula, 845, a. 
 Securis, 845, a. 
 Secutores, 456, a. 
 2eipa?os, 309, a. 
 'SeipacpSpos, 309, a. 
 26i(rax9€ia, 845, b. 
 2€7(rTpov, 884, b. 
 Seliquastmm, 847. a. 
 Sella, 846, a. 
 27)/taTo, 436, b. 
 Sembella, 325, b. 
 2,riiJ.uoy, 518, a ; 88.3, a. 
 Semeiotica, 847, b. 
 Sementivae Feriae, 415, b. 
 Semimares, 447, a. 
 Semis, Semissis, 102, a ; 1 19, b ; 
 
 570, b. 
 Semproniae Leges, 848, a. 
 Serapronia Lex de Foenere, 565, b. 
 Semuncia, 1056, b. 
 Semunciarium Fenus, 526, b. 
 Senate (Athenian), 156. 
 
INDEX. 
 
 1117 
 
 Senate (Roman), 849. 
 Senate (Spartan), 452, b. 
 Senator, 849. 
 Senatus, 849. 
 Senatusconsultum, 855, a. 
 
 ,, Apronianum, 
 857, a. 
 
 ,, Articuleianum, 857, a. 
 tie Bacchanalibus, 344,a ; 
 857, a. 
 
 „ Calvitianum, 536, b ; 
 857, a. 
 
 ,, Claudianum, 857, a. 
 
 ,, Dasumianum, 858, a. 
 
 ,, Hadriani, 858, a. 
 .luncianura, 858, b. 
 
 ,, .lunianura, 858, b. 
 Largianura, 858, b. 
 
 ,, Libonianum, 858. b. 
 
 ,, Macedoniaiium, 858, b. 
 Alemmianiira, 858, b. 
 
 ,, Neronianuiu, 858, b. 
 
 ,, Orphitianum, 859, a. 
 
 ,, Peg;isianum, 859, a. 
 Persicianum, 859, a. 
 Pisonianum, 858, b. 
 Plancianum, 859, a. 
 
 ,, Plautianum, 859, b. 
 
 ,, Rubrianum, 859, b. 
 
 ,, Sabinianuni, 859, b. 
 
 ,, Silanianum, 859, b. 
 
 „ TertuUianum, 859, b. 
 
 ,, Trebellianum, 860, a. 
 Turpilianum, 86'0, a. 
 
 „ Velleianum, 860, a. 
 Vitrasianum, 860, a. 
 Volusianuni, 860, a. 
 Seniores, 273, b ; 997. 
 Sepelire, 441, a. 
 September, 176, b. 
 Septemviri Epulones, 393, a. 
 Septimatrus, 815, b. 
 Septimontium, 860, b. 
 Septum, 274, b. 
 Septunx, 102, a ; 570, b. 
 Sepulchri violati Actio, 442, a ; 
 
 1043, b. 
 Sepulchrum, 441, a. 
 Sequestres, 36, b. . 
 Sera, 505, b. 
 Seriae, 352, b ; 1045, b. 
 Sericum, 860, b. 
 Serra, 861, b. 
 Serrati, sc. nummi, 326, a, 
 Serrula, 861, b. 
 Serta, 862, a. 
 Serviana Actio, 761, a. 
 Servilia Agraria Lex, 565, b. 
 
 ,, Glaucia Lex, 819, b. 
 
 „ Judiciaria hex, 532, a ; 
 565, b. 
 Servitus, 868, b. 
 Servitutes, 863, a. 
 Servus (Greek), 866, b. 
 
 „ (Roman), 868, b. 
 Sescuncia, 102, a ; 570, b. 
 Sescunx, 102, a ; 570, b. 
 Sestertius, 874, b. 
 Sevir turmae Equitum, 397, b. 
 Seviri, 117, b. 
 Sex Suftragia, 395, a. 
 
 Sexatrus, 815, b. 
 Sextans, 102, b ; 570, b. 
 Sextarius, 875, b. 
 Sextilis, 176, b. 
 Sextula, 875, b ; 1056, b. 
 Shears, 428, b. 
 
 Shields, 245, a ; 720, a ; 734, a ; 
 
 844, b. 
 Ships, 875, b. 
 
 Shoe, 173, b; 376, b ; 788, a. 
 
 Sibina, 469, a. 
 
 'S.i^iviov, 469, a. 
 
 Sibyl, 882, a. 
 
 SibyUini Libri, 882, a. 
 
 Sica, 882, b. 
 
 Sicarius, 285, b ; 882, b. 
 
 Sicila, 882, b. 
 
 Sickle, 406, b ; 882, b. 
 
 Sicilicus, 1056, b. 
 
 SiSTjpo/iovTei'o, 348, a. 
 
 Sigillaria, 841, b. 
 
 Sigma, 613, a. 
 
 Signa Militaria, 883, a. 
 
 Signifcr, 883, a. 
 
 Signinum Opus, 499, a. 
 
 Silk, 860, b. 
 
 Silentiarii, 788, b. 
 
 Silia Lex, 565, b. 
 
 Silicarii, 66, a. 
 
 Silicernium, 442, b. 
 
 Siliqua, 1056, b. 
 
 Silvae, 843, a. 
 
 Silvani et Carbonis Lex, 563, b. 
 
 Silver, 81, b. 
 
 Sindon, 700, a. 
 
 Sinus, 973, b. 
 
 Sipariura, 884, b. 
 
 Sistnim, 884, b. 
 
 SiTupo, 733, b. 
 
 SuTtipva, 733, b. 
 
 Sitella, 886, b. 
 
 2iTi7pe(no»', 886, b. 
 
 2iT€uT7js, 409, a. 
 
 SiTcDrai, 886, a. 
 
 '2,no(pv\aKe'LOV, 488, b. 
 
 2iTo<J)[lAaK€r, 885, a. 
 
 SiToirwAai, 886, a. 
 
 Xnos, 885, b. 
 
 SiTou Ai'/cT), 886, a. 
 
 Sittybae, 568, a. 
 
 Situ'la, 886, b. 
 
 Slaves (Greek), 866, b. 
 
 (Roman), 868. b. 
 Sling, 434, b. 
 Slingers, 434, b. 
 -2.1x1X7), 222, a ; 351, b. 
 2/Uiyuj), 817, a. 
 Sobrina, 254, b. 
 Sobrinus, 254, b. 
 Socculus, 887, a. 
 Soccus, 788, a. 
 Socer, 21, b. 
 
 ,, Magnus, 21, b. 
 Societas, 887) b. 
 Socii, 888, b. 
 Socio, Pro, Actio, 888, a. 
 Sccius, 788, b. 
 Socrus, 21 , b. 
 
 ,, Magna, 21, b. 
 Sodales, 255, a. 
 Sodales Augustalcs, 117, b. 
 
 Sodales Titii, 972, b. 
 Sodalitium, 36, b. 
 Solarium, 487, b ; 497, b. 
 Solea, 890, a. 
 Solidus, 119, b. 
 Solitaurilia, 584, b ; 832, a. 
 Solium, 140. 
 2(i\os, 346, a. 
 Solum, 499, a. 
 Solutio, 655, b. 
 Sophronistae, 463, a. 
 
 197, a. 
 
 'S.opoi, 436, b. 
 
 Soror, 254, b. 
 
 Sortes, 890, a ; 674, b. 
 
 Sortilegi, 890, b. 
 
 'S.uicnpa. 868, a. 
 
 Spade, 697, b. 
 
 Spadones, 447, a ; 510, a. 
 
 ^irdpyauov, 512, a. 
 
 Spartan Constitution, 451, b. 
 
 Sparus, 468, b. 
 
 2irae7), 457, b ; 943, a. 
 
 Spatium, 231, a. 
 
 Spear, 467, b. 
 
 Specillum, 222, a. 
 
 Spectio, 116, b. 
 
 Specularia, 500, b. 
 
 Specularis Lapis, 500, b. 
 
 Speculatores, 890, b. 
 
 2irerpa, 892, a. 
 
 2'r6(pai /3o6i'oi, 216, b. 
 
 Speculum, 890, b. 
 
 Specus, 65, b. 
 
 Sireipiov, 702, b. 
 
 27r6rpo;', 702, b. 
 
 Speusinians, 323, b. 
 
 Sphaeristerium, 144, b ; 463, b. 
 
 2<|)aTpa, 761 , a. 
 
 2,<pa7pai, 215, b. 
 
 2<J)ai'pi<ris, 463, b. 
 
 ^tpaipicTT-qpiov , 463, b ; < 61, a. 
 
 2(patpicrriK-li, 761, a. 
 
 2(paipt(rTiK6s , 463, a ; 761, a. 
 
 2(?)€cS(if7), 434, b ; 826, a ; 895, b. 
 
 ^(l>fi'SopriTai, 434, b. 
 
 2<i)i'5es, 586, b. 
 
 2(piyKTT]p, 86, b. 
 
 2(f>payls, 824, b. 
 
 ^(pvpa, 589, a. 
 
 2<pvpioi', 589, a. 
 
 2,(pvpTi\arov, 166, a, 
 
 SphjTaton, 166, a. 
 
 Spiculum, 468, b. 
 
 Spina, 230. 
 
 Spindle, 445, b. 
 
 Spinter, or Spinther, 86, b. 
 
 Spira, 892, a. 
 
 Spirula, 892, a. 
 
 ^TTtBa/j.'fi, 747, b ; 748, a. 
 
 Spolia, 892, a. 
 
 Sponda, 552, b. 
 
 2-7roySai, 321, a ; 832, a. 
 
 Spondeo, 653, b. 
 
 ^irovSo(p6poi, 662, a. 
 
 2it6vSv\oi, 804, a. 
 
 Sponge, 685, b. 
 
 Spongia, 685, b. 
 
 Sponsa, 603, a. 
 
 Sponsalia, 603, a ; 604, a. 
 
 Sponsio, 520, b ; 1042, b. 
 
11J8 
 
 INDEX. 
 
 Sponsor, 520, a. 
 Sponsus, 603, a. 
 Sportula, 893, a. 
 Stabularius, 817, b. 
 ^TaSioSpd/xoi, 895, a. 
 2To5iov, 893, b. 
 StoSios, 893, b. 
 Stadium, 893, b. 
 Stalagmia, 511, a. 
 Stamen, 941, a. 
 Standards, military, 883, a. 
 'S.Tarrifiov, 983, b. 
 Stater, 896, a. 
 Statera, 1012, a. 
 2to9juoCx<") 924, a. 
 SToflyiiJs, 569, a ; 594, a. 
 Stati Dies, 340, b. 
 Stationes, 205. 
 Stationes Fisci, 897, b. 
 Stationes Municipiorum, 897, b, 
 Stativae Feriae, 414, a. 
 Stator, 897, b. 
 Statu Liber, 595, b. 
 Statuaria ars, 897, b. 
 Statuar}-, 897, b. 
 Statumen, 1035, b. 
 '2,Tavp6s, 300, a. 
 Sr^Aai, 437, a. 
 Sre'/zyno, 862, a. 
 2T7)/ia!v, 941, a. 
 '2,Te(pavriiT\6K0i, 862, a. 
 'SrecjiduwfjLa, 862, a. 
 Sre'cpacos, 286, b. 
 '2T€(j>avoir\6Kioy, 862, b. 
 2T6<^ai'07rA(()foi, 862, a. 
 Stercolinii Servitus, 864, a. 
 20eVia, 911, a. 
 Stibadium, 613, a. 
 Stillicidii Servitus, 864, a. 
 Stillicidium, 864, a. 
 Stilus, 911, a. 
 Stipendiarii, 911, b. 
 Stipendium, 911, b. 
 Stipes, 704, b. 
 Stipulatio, 653, b ; 654, a. 
 Stipulator, 653, b ; 654. 
 Stiva, 70, a. 
 SrAcyyij, 578, b. 
 Sroa, 777, b. 
 2x0X6101', 486, b. 
 
 Stola, 912, b. 
 ^rSfiiov, 432, a. 
 
 Stoves, 500, b. 
 
 Stragulum, 939, a. 
 
 ^TpaTTiyls vavs, 914, a. 
 
 ^TpuTTiyos, 913, a. 
 
 Stratores, 9 1 4, b. 
 
 Strena, 914, b. 
 
 2Tp6irT<$y, 977, b. 
 
 Striae, 266, a. 
 
 Strigil, 141, b ; 578. 
 
 'Zrpd/j.aTa, 552, a ; 939, a. 
 
 2Tpoyyi;\ai, 877. 
 
 ^Tpo<pevs, 198, a. 
 
 2Tp6<piy^, 198. a. 
 
 Strophium, 915, a. 
 
 Structor, 252, a. 
 
 Studiosi Juris, 106, a. 
 
 2tuAos, 265, a ; 91 1, a. 
 
 Stultorum Feriae, 429, b. 
 
 Stuprum, 14, a ; 280, a ; 511, 
 
 ^TvpaKiou, 467, b. 
 Srvpa^, 467, b. 
 Stylus, 911, a. 
 Suasor, 114, b. 
 Subcenturio, 95, b. 
 Subitarii, 1013, b. 
 Subligaculum, 915, a. 
 Subrogare legem, 559, a. 
 Subscriptio Censoria, 513, b ; 
 
 645, a. 
 Subseciva, 28, b. 
 Subsellium, 967, b. 
 Subserica, 861, a. 
 Subsignani, 94, b. 
 Substitutio, 476, b. 
 
 ,, PupiUaiis, 477, a. 
 Subtegmen, 941, a. 
 Subtemcn, 941, a. 
 Subucida, 1015, b. 
 Successio, 915, b. 
 Successor, 916, a. 
 Succinctoriura, 915, a. 
 Succinctus, 1015, b. 
 ^vKoipdvrris , 916, a. 
 2vKo<pauTlas ypa<p-ij, 917, a. 
 Sudatio, 139, b. 
 Sudatorium, 139, b. 
 Suffibulum, 1034, a. 
 Suffitio, 442, b. 
 SufFragia Lex, 395, a. 
 SutFragium, 917, a. 
 Suggestus, 827, a ; 917, b. 
 Suggrundarium, 440, a. 
 Sui Heredes, 476, a ; 477, b. 
 20AOI, 917, b. 
 Sulci, 1035, b. 
 2uAAo7€rr, 918, a. 
 Sulpiciae Leges, 665, b. 
 Sulpicia Sempronia Sex, 565, b. 
 'S.vfjL^SXaiov, 918, a. 
 ^vfj.0o\a'ia>v Ttapafiaatws SIkt], 
 
 918, a. 
 2u,u/8oAov, 1004, b. 
 'Sv/u.^oXui', avh, Ai'koi, 918, b. 
 'S.vfjL^ovKoi, 717, b. 
 ^vfifiaxot, 919, b. 
 2vf/.lj.opla, 371, a ; 1001, b. 
 "Zvfi^opfis, 772, a. 
 2vfj.Tr6(Tiou, 924, a. 
 
 Sumtuariae Leges, 919, b. 
 
 2iiraAAo7(na, 918, a. 
 
 2u7kA7)tos EKKATjffto, 361, b. 
 
 2u7K0fiicrT7;pia, 35, b. 
 
 Sun-dial, 486, b. 
 
 2^81^0$, 920, b. 
 
 2i'i'6'5pioi', 921, a. 
 
 2i;i'e5poi, 921, a. 
 
 ivvtjyopcKoy, 922, b. 
 
 2uj/7j7opos, 921, a. 
 
 2uyyeveia, 473, a. 
 
 2u776!'€rs, 473, a. 
 
 2u77pa<^7)', 923, a. 
 
 2vyypa(peis, 794, a. 
 
 2u>'oSos, 284, b. 
 
 'Xvyoucia, 923, b. 
 
 2vvo'iKia, 924, a. 
 
 ^vvaip'ia, 149, b. 
 
 2wa>pi's, 149, b ; 308, b. 
 
 ^uvTay/.ia, 91, a. 
 
 2ui'To|eis, 921, a ; 944, b. 
 b. 2wTe'A6io, 1001, b ; 1002, a. 
 
 2u>'T6Ae?s, 1 00 1 , b. 
 
 2u;'07(k7), 918, a. 
 
 ^vvdifKiiv napa/Sctfretus Aikt), 
 
 918, a. 
 '2,uv6r\jj.a, 948, a. 
 2wTpi7jpopxoi, 1001, a. 
 Suovetaurilia, 584, b ; 832, a ; 
 
 884, a. 
 Superficiarius, 924, a. 
 Superficies, 924, a. 
 Supeniumerarii, 3, b. 
 Supparum, 880, b ; 1015, b. 
 Supparus, 1015, b. 
 Supplicatio, 924, b. 
 Supposititii, 456, a. 
 Suprema, sc. tempestas, 339, b. 
 Surdus, 654, a ; 948, b. 
 Surgery, 219, a. 
 2upi7|, 926, b. 
 "S.vp/j.a, 927, b. 
 'XvcTKrifOi, 284, a. 
 Suspensura, 141, a. 
 'S.vaairia, 927, b. 
 2uo-TuAos, 265, a. 
 Sword, 457, a. 
 Symposium, 925, a. 
 Syndicus, 255, a. 
 Synthesis, 926, b. 
 Syrinx, 926, b. 
 Syssitia, 927, b. 
 
 T. T. 0. 
 
 TabeUa, 929, b. 
 
 Tabellariae Leges, 930, a. 
 
 Tabellarius, 930, a. 
 
 Tabellio, 930, a. 
 
 Tabema, 930, a. 
 
 Tabernaculimi, 930, b ; 945, b. 
 
 Tables, 612, b. 
 
 Tablinum, 496, a. 
 
 Tabulae, 930, b. 
 
 Tabularii, 931, b. 
 
 Tabularium, 931, b. 
 
 Taeda, 932, a. 
 
 Taenia, 915, a. 
 
 Tayds, 932, a. 
 
 "Vaivla, 915, a. 
 
 Tatviiiov, 9 1 5, a. 
 
 TaKavra, 569, a. 
 
 TaAoj'Toc, 934, a. 
 
 Talaria, 933, b. 
 
 TaAapos, 173, a. 
 
 TaAoo-i'a, 940, b. 
 
 TaAao'ioup7i'o, 940, b. 
 
 Talassio, 605, a. 
 
 Talentum, 934, a. 
 
 Talio, 936, a. 
 
 Talus, 936, b. 
 
 Tambourine, 1024, a. 
 
 Tafilas, 937, a. 
 
 Tafiida, 600, a. 
 
 Tapes, 938, b. 
 
 Tapete, 938, b. 
 
 Ta^oi, 436, b. 
 
 TatpponoLo'i, 39 1 , a. 
 
 Td<ppos, 1 026, b. 
 
 Tarentini Ludi, 581, b. 
 
 Tarpeia Aternia Lex, 560, b. 
 
 Top^o's, 879, b. 
 
INDEX. 
 
 1119 
 
 Tapa-os, '297, <a. 
 
 Tauiii Ludi, .581, b. 
 
 Taxes (Greek), 370, b ; 944. 
 
 „ (Roman), 998, b; 10-27, b. 
 Tc^lapxoi, 939, a. 
 Talis, 939, b. 
 Tv^eyvos, 973, a. 
 Tectores, (36, a ; 719, b. 
 Teda, 932, a. 
 Tiyyavov, 840, a. 
 Tegula, 9311, b. 
 Teixi'o;/, 717, a. 
 TeixoiroiJs, 940, b. 
 Tela, 940, b. 
 TeAa^uwc, 123, a. 
 Telamones, 111, a. 
 TeXerai', 631, b. 
 'Vi\wvapxris, 944, a. 
 T€Att)i/i)s, 944, a. 
 Te'Aos, 895, a ; 944, a. 
 Tefiivos, 22, a ; 945, a ; 946, a. 
 Terao, 308, a. 
 Temple, 945, a. 
 Templum, 945, a. 
 Temporalis Actio, 8, b. 
 Temporis Praescriptio, 789, a. 
 Tensae, 959, b. 
 Tepidarium, 139, a. 
 Terentilia Lex, 565, b. 
 Terentini Ludi, 581, b. 
 Tenninalia, 947, b. 
 Teniiini, 480, a. 
 Teruncius,102,a; 325,b;570,b. 
 Tessellarii, 697, a. 
 Tessera, 947, b. 
 Tesserula, 947, b. 
 Testa, 419, b. 
 Testament, 948, a. 
 Testamentariae Leges, 565, b. 
 Testamentifactio, 948, a. 
 Testamentum, 948, a. 
 Testator, 948, a. 
 Testis, 652, a ; 951, b. 
 Testudo, 585, b ; 953, b. 
 Te'epiTTTTos, 309, a. 
 T(Tpa.SpaxiJ.ov, 360, a. 
 TeTpaAoyia, 982, a. 
 Terpaopla, 309, a. 
 Tetrarcha, 954, b. 
 Tetrarches, 954, b. 
 Terpopxia, 932, b ; 954, b. 
 Terpy^peis, 878, a. 
 TcTpu^oKov, 360, a. 
 TeTTapaKovTo, ol, 430, b. 
 Textores, 940, b. 
 Textirces, 940, b. 
 Textrinum, 940, b. 
 @atp6s, 198, a. 
 0aAa/uioi, 879, b. 
 QaAa/UTat, HI 9, b. 
 edXa/xos, 493, b ; 879, b. 
 &aWo<p6poti 706, b. 
 ©aAuffia, 954, b. 
 @djj.ua, 1046, a. 
 ©awTciy, 436, a. 
 Thargelia, 954, b. 
 @apryr]Kiu)V, 175, b. 
 Tiieatre, 955, b. 
 QfOTpou, 956, a. 
 0€aTpttii/7ji-, 960, b. 
 0faTpo7r»A7)s, 960, b. 
 
 Theatrum, 955, b. 
 
 ©TjKoi, 436, b. 
 
 Theft, 247, b ; 443, b. 
 
 Thensae, 959, b. 
 
 Tiieosodianus Codex, 250, a. 
 
 06oAo76ioc, 957, b. 
 
 Qiocpdi/ta, 9()0, b. 
 
 Qeupia, 322, a; 961, b. 
 
 ©eojpi/ca, 960, b. 
 
 Qewpis, 322, a. 
 
 Qiwpo'i, 321, b; 961, b. 
 
 ©eoieVia, 960, b. 
 
 Btpanda, 600, a. 
 
 Therapeutica, 961, b. 
 
 0epaTT(VTiKol, 7 17, a. 
 
 Qepdirtiiv, 470, b. 
 
 Tlieriaca, 963, b. 
 
 &riptofjidxoi, 147, a. 
 
 Thermae, 133,a ; 143. 
 
 Tiiermopoliura, 188, a; '209, a. 
 
 ©Tjtraupoi, 355, a; 946, b. 
 
 ©rjtreia, 964, b. 
 
 Thesmophoria, 964, b. 
 
 06(ryiio^uAa(fes, 37'2, a. 
 
 06(r/xo0eTa(, 73, b ; 74, b ; 642, a. 
 
 &e(Tfj.6s, 643, a. 
 
 ©^o-ffo, 475, a ; 598, a. 
 
 Thessalian Constitution, 932, a. 
 
 0e(r(TaAoi/c€TOi, 734, b. 
 
 ©jjTfs, 965, b. 
 
 ©Wos, 341, b ; 966, a. 
 
 Qoivri yafiiKTi, 599, b. 
 
 ©oAi'o, 1056, b. 
 
 @6\os, 966, b. 
 
 &6wKos, 24, a. 
 
 Thorax, 575, a. 
 
 0aipo|, 575, a. 
 
 Thoria Lex, 966, b. 
 
 Thraces, 456, b. 
 
 Qpdviov, 967, b. 
 
 ©poi/ixat, 879, b. 
 
 &pdvos, 879, b. 
 
 Threces, 456, b. 
 
 Threshold, 503, b. 
 
 QprivcpSoi, 436, a. 
 
 ©pi|, 268, a. 
 Thronus, 967, a. 
 
 ©puoAAi's, 375, b. 
 
 QvyaTTip, 473, a. 
 
 BvyaTpiSovs, 473, a. 
 
 ©u/ae'AT), 957, a. 
 
 &Vfj.iaTripioy, 1018, a. 
 
 &vpa, 493, a; 503, b. 
 
 ,, ouAeioy, 493, a ; 503, b. 
 ,, Kriirala, 494, a ; 503, b. 
 „ /ueVauAoj, 493, b. 
 ,, jUfTouAos, 493, b. 
 
 ©upeos, 844, b. 
 
 QvpfTpoy, 505, a. 
 
 ©upi'Ses, 494, b. 
 
 &vpa)v, 493, a ; 507, a. 
 
 Qvpaipuov, 493, a; 507, a. 
 
 &vp(up6s, 493, a ; 507, a. 
 
 Qvaavoi, 18, a; 422, a. 
 
 &uTr)piov, 66, b. 
 
 Thyrsus, 968, a. 
 
 Tiara, 968, b. 
 
 Tiaras, 968, b. 
 
 Tibia, 969, a. 
 
 Tibicen, 969, b. 
 
 Tibiciniimi, 969, a. 
 
 Tigni Inimittendi Servitus,864,a. 
 
 Tiles, roofing, 939, b. 
 
 Tifidy, 23, b. 
 
 Ttfj.aaeat, 23, b. 
 
 Ti/j.T)fj.a, 970, a. 
 
 Tintinnabulum, 972, a. 
 
 Tirocinium, 97'2, b. 
 
 Tiro, 97'2, b. 
 
 TidrjviSia, 972, b. 
 
 Titia Lex, 566, a. 
 
 Titienses, 7.26, b. 
 
 Tities, 726, b. 
 
 Titii Sodales, 972, b. 
 
 Titulus, 440, b ; 568, a. 
 
 ToKoy\v<poi, 5'24, a. 
 
 T6kos, 524., 
 
 To'koi I776101, 524, a. 
 
 „ tyyvoi, 5"24, a. 
 
 ,, ;'oi/T((coi, 5*24, b. 
 Tocidliones, 524, a. 
 Toga, 973, a. 
 
 „ Pahnata, 975, b. 
 
 „ Picta, 975, a. 
 
 ,, Praetexta, 509, b ; 975, b. 
 
 „ PuUa, 975, a. 
 
 „ Virilis, 509, b ; 975, b. 
 Togata Fabula, 278, b. 
 Togatus, 976, a. 
 Toixwpux^o, 717, a. 
 Toixcop^xos, 372, b ; 717, a. 
 
 ToiXOpUKTTJS, 717, b. 
 
 To7xos, 717,b. 
 
 Tomaculum, 155, b. 
 
 Tombs, 436,b; 438,b; 441,442. 
 
 T6voi, 551, b. 
 
 Tonsor, 128, b. 
 
 Tooth-powder, 326, a. 
 
 TofffTa, 880, b. 
 
 Topiaria ars, 489, b. 
 
 Topiarius, 489, b. 
 
 Toralia, 978, b. 
 
 Torch, 41'2,b. 
 
 Torcular, 976, a. 
 
 Torculum, 976, a. 
 
 TopevTiKrt, 167, b. 
 
 Tornientum, 880, a; 976, b. 
 
 Torques, 977, b. 
 
 Torquis, 977, b. 
 
 Tortor, 977, b. 
 
 Torture, 129, b ; 977, b. 
 
 Torus, 89-2, a ; 978, a. 
 
 T6^apxoi, 323, b. 
 
 TSI^v/m, 833, a. 
 
 Toxicum, 833, b. 
 
 rS^ov, 76,b. 
 
 To^drai, 323, b. 
 
 Trabea, 975, b. 
 
 Traditio, 353, b. 
 
 Tragedy (Greek), 978, b. 
 
 „ (Roman), 984, b. 
 Tragoedia, 978, b. 
 TpayoiSia, 978, b. 
 Tragula, 469, a ; 822, b. 
 Tragum, 822, b. 
 Traha, 986, a. 
 Trama, 941, a. 
 Tramoserica, 861, a. 
 Transactio in Via, 9, a. 
 Transfnga, 326, b. 
 Transtillum, 586, a. 
 Transtra, 879, b. 
 
11-20 
 
 INDEX. 
 
 Tra)isvectioEquitum,395,b ;397,a. 
 TpaireCoi, 612, b; 437, b. 
 
 „ irpurai, 32 1 , a. 
 
 ,, SfvTfpai, 321, a. 
 TpairefoKfSjuos, 320, b. 
 Tpair(^oTroi6s, 320, b. 
 Tpa<f.7)|, 878, a. 
 
 Tpavfiaroi e/c irpovoias ypa(pT], 
 
 985, b. 
 Treaty, 427, a. 
 Trebonia Lex, .55(;, a. 
 Tremissis, 1 19, b. 
 Tressis, 102, b. 
 Tresviri, 1009, b. 
 TpiandSes, 438, b. 
 TpiaKdvTopos, 877, a. 
 Tpiayix6s, 73o, a. 
 Tpiaiva, 44.5, a. 
 Triarii, 98()', a. 
 Tribes (Greek), 990, b. 
 
 „ (Roman), 994, a. 
 Tpifi6Kos, 98(5, a. 
 Tplfiav, 703, a. 
 Tpt^iiviov, 703, a. 
 Tpi^avoipSpoi, 703, a. 
 Tribula, 986', a. 
 Tribulum, 98(), a. 
 Tribulus, 98(5, b. 
 Tribunal, 98(i,b. 
 Tribunes, 986, b. 
 Tribunicia Lex, 987,3. 
 Tribunus, 986, b. 
 Tribus (Greek), 990, b. 
 
 ,, (Roman), 994, a. 
 Tributa Comitia, 994, b. 
 Tributarii, 785, a. 
 Tributoria Actio, 8 70, a. 
 Tributum, 998, b. 
 Tricae, 268, a. 
 Tpi^tojua, 268, a. 
 Tpi'xcixris, 268, a. 
 Triclinium, 999, a. 
 Tridens, 445, a. 
 Triens, 102, a ; 570, b. 
 Tpirjpapxia, 1000, a. 
 Tpiripapxoi, 1000, a. 
 Tptripfis, 876, b. 
 Tpinpo-rroio'i, 877, b. 
 Tpierqpls, 662, b. 
 Trifax, 977, a. 
 Triga, 309, a. 
 Trigon, 761, b. 
 Trigonum, 838, b. 
 Trilix, 942, b ; 94.3, b. 
 Tpi/j-fia, 925, b ; 1048, a. 
 Trinepos, 254, b. 
 Trineptis, 254, b. 
 Trinum Nundinum, 648, b. 
 Trinundinuni, 648, b. 
 TpiufioXov, 1004, a. 
 Triplicatio, 1 0, a. 
 Tripod, 1004,b. 
 Tripos, 1004, b. 
 TpinTvxa-, 931, a. 
 Tripudium, 121, a. 
 Triremes, 876, b ; 877, b. 
 Tpi'ra, 438, b. 
 TpiraywvicTTTis, 483, b. 
 Tritavia, 254, b. 
 Trita\^^s, 254, b. 
 TptTTva, 832, a. 
 
 TpiTTuj, 992, a. 
 
 Triumphalia Ornamenta, 1009, b. 
 Triumphalis Corona, 289, a. 
 Triumphus, 1005, b. 
 
 „ Castrensis, 1009, a. 
 
 „ Navalis, 1009, a. 
 Triumviri, 1009, b. 
 
 „ AgroDividundo,1010,a. 
 
 ,, Capitalis, 1009, b. 
 
 Coloniae Deducendae, 
 
 1010, a. 
 Epulones, 393, a. 
 
 „ EquitumTunnasRecog- 
 noscendi, or Legendis 
 Equitum Decuriis, 
 1010, a. 
 Mensarii, 613, b. 
 
 „ Monetales, 620, a. 
 
 „ Nocturni, 1010, a. 
 
 ,, Reficiendis Aedibus, 
 1010, a. 
 
 „ Reipublicae Constituen- 
 dae, 1010, a. 
 
 „ Sacris Conquirendis Do- 
 nisque Persignandis, 
 1010, b. 
 
 ,, SenatusLegendi,1010,b. 
 Tp6xt>^os, 892, a. 
 Tpox<is, 307, b ; 308, a ; 1010, b. 
 Trochus, 1010, b. 
 Trojae Ludus, 234, a. 
 Tropaeum, 1010, b. 
 TpoTToioy, 1010, b. 
 Trophy, 1010, b. 
 Trossuli, 394, b. 
 Trowsers, 159, b. 
 Tnia, 1011, b. 
 rpv0Ktov, 296, a. 
 TpvycjiSia, 340, a. 
 TpvyaSot, 340, a. 
 TruUa, 1011, b. 
 Tndlissatio, 719, b. 
 Trumpet, 167,b;574, a; 1012,a. 
 TpvTauri, 1012, a. 
 Trutina, 1012, a. 
 Tuba. 1012, a. 
 Tubilustrium, 815, b. 
 Tvxai irdXeojv, 907, b. 
 TuAt;, 551, 1). 
 TvXftov, 551, b. 
 Tullia Lex de Ambitu, 36, b. 
 
 ,, de Legatione Libera, 
 556, b. 
 TuUianum, 197,b; 430, a. 
 Tumblers, 301, a. 
 Tiy/i/Soy, 436, b. 
 Tumultuarii, 1013, b. 
 Tumultus, 101 3, a. 
 Tunica, 101 3, b. 
 Tunicati, 1016, a. 
 Twros, 429, a. 
 Tvpavvos, 1016, a. 
 Tvpavvihos ypa(pT], 796, a. 
 Turibulum, 1018, a. 
 Turma, 95, 397, b. 
 Turricula, 432, a. 
 Turns, 101 8, a. 
 Tupo-is, 1018, a. 
 'I'utcla, 1020, a. 
 Tutelae Actio, 1022, a. 
 Tutor, 1019, b. 
 
 Tutulus, 1023, b. 
 Twelve Tables, 1023, b. 
 Tympanum, 1025, a. 
 
 U. V. 
 
 Vacantia Bona, 153, b. 
 Vacatio, 93, b ; 377, b. 
 Vadimonium, Vas, 9, 788, b. 
 Vagina, 457, a. 
 Valeriae Leges, 1025, b. 
 Valeriae et Horatiae Leges, 
 
 1026, a. 
 Valeria Lex, 1026, a. 
 Vallaris Corona, 289, a. 
 Vallum, 1026, a. 
 Vallus, 1026, a. 
 ^'^alvae, 505, a 
 Vannus, 1027, a. 
 Vappa, 1047, b. 
 Varia Lex, 588,b. 
 Vas, 788, b. 
 Vase-Painting, 687, a. 
 Vatinia Lex, 566, a. 
 Udo, 1027, a. 
 Vectigalia, 1027, a. 
 Vectigalis Ager, 29, 379, a. 
 Vehes, 1028, a. 
 Veil, 1029, a. 
 Velamen, 1029, a. 
 Velarium, 1028, b. 
 Volati, 1028, b. 
 Velites, 95, a ; 468, b. 
 Velleianum Senatusconsultum, 
 
 520, b. 
 Velum, 880, b ; 1028, b. 
 Venabulum, 1029. 
 Venaliciarii, 872, b. 
 Vonatio, 1029, b. 
 Venditio, 381, b. 
 Venefica, 1032, a, 
 Veneticium, 1031, a. 
 Veneficus, 1032, a. 
 Ventilabrum, 698, a. 
 Ver Sacrum, 1032, a. 
 Verbena, 834, a. 
 Verbenarius, 416, a. 
 Vema, 870, b ; 872, b. 
 Verso in rem Actio, 870, a. 
 Versura, 526, b. 
 Veru, 468, a. 
 Venitum, 468, b. 
 Vespae, 439, b. 
 Vespillones, 439, b. 
 Vestales, 1032, b. 
 Vestibulum, 495, b ; 506, b. 
 Vesticeps, 510, a. 
 Veteninus, 972, b. 
 Vetcratores, 872, b. 
 Vexillarii, 94, b ; 884, a. 
 Vexillum, 883, b. 
 Viae, 1038, b. 
 Viae Servitus, 864, b. 
 Viaria Lex, 566, a ; 1036, b. 
 Viaticum, 1038, b. 
 Viator, 1039, a. 
 \'icarii Servi, 870, a. 
 Victima, 831, b. 
 Vicesima, 1039, a. 
 Viccsimaria Lex, 1039, a. 
 
INDEX. 
 
 1121 
 
 Vicesimarii, 1039, a. 
 Vico Magistri, 1 039, b. 
 Viciis, 1039, b. 
 Victoriatus, 325, b. 
 Vigiles, 97, b; 787, a. 
 Vigiliae, 204. 
 Vigintisexviri, 1039, b. 
 Vigintiviri, 1039, b. 
 Villa, 1040, b. 
 Villia Annalis Lex, IC, b. 
 Villicus, 1041, a. 
 Vinalia, 1041, b. 
 Vindemialis Feria, 415, b. 
 Vindex, 9, a; M)G, b. 
 Vindicatio, 1041, b. 
 Vindiciae, 1042, a. 
 Vindicta, 592, a; 1042, a. 
 Vindicta, 1043, a. 
 Vinea, 1044, a. 
 Vinegar, 1047, b. 
 Vinum, 1044, a. 
 Viocuri, 815, a. 
 Virga, 1052, a. 
 Virgines Vestales, 1032, b. 
 Virgines, 1052, a. 
 Virgo Maxima, 1 033, a. 
 Viridarium, 490, a. 
 Virilis Pars, 730, b. 
 
 „ Toga, 509, b ; 975, b. 
 Vis, 1052, b. 
 
 Vis et Vis Armata, 1052, b. 
 Visceratio, 443, a. 
 Vitelliani, 931, a. 
 Vitis, 214, a. 
 Vitrearii, 1053, b. 
 Vitricus, 21, b. 
 Vitmm, 1052, b. 
 Vitta, Vittae, 1055, b. 
 Vittata Sacerdos, 105(i, a. 
 Ulna, 747, a. 
 Umbella, 1056, a. 
 Umbilicus, 5(if!, a. 
 Umbo, 245, b ; 720, a ; 974, b. 
 Umbraculum, 1056, a. 
 Uncia, 1056, b. 
 Unciarium P'enus, 526, a. 
 Unctores, 1 39, b. 
 Unctuarium, 35, b ; 1 39, a. 
 Unguenta, 1057, a; 1048, a. 
 Unguentaria, 1057, b. 
 
 Ungiientariae, 1057, b. 
 
 Ungiientarii, 1057, b. 
 
 Universitas, 1057, a. 
 
 Vocatio in Jus, 8, b. 
 
 Voconia Lex, 1059, b. 
 
 Volones, lOGO, a. 
 
 Volsellac, 129, a. 
 
 Volumen, 567. b. 
 
 Vohintarii, 1060, a. 
 
 Vomitoria, 43, b. 
 
 Voting (Greek), 217, b; 804, a. 
 
 „ (Roman), 917, a ; 930, a. 
 Uragus, 95, b. 
 
 Uma, 875, b; 887, a ; 1060, b. 
 
 Uqjex, 528, a. 
 
 Ustrina, 440, b. 
 
 Ustrinmn, 440, b. 
 
 Usiicapio, 1060, b. 
 
 Usurae, 525, b. 
 
 LTsurers, 524, a. 
 
 Usurpatio, 1064, a. 
 
 Usus, 602, b; 1064, a. 
 
 Ususfructus, 1064, a. 
 
 Uterini, 254, a. 
 
 Uti Possidetis, 522, b. 
 
 Utilis Actio, 7, b ; 8, a. 
 
 Utres, 1047, a. 
 
 Utricularius, 1047, a. 
 
 Utnibi, 522, b. 
 
 Vulcanalia, 1065, b. 
 
 Vulgares, 873, b. 
 
 Uxor, 602, b. 
 
 Uxoiium, 1065, b. 
 
 W. 
 
 Wall, 49!), b; 717, b. 
 
 Weaving, 940, b. 
 
 Wheel, 307, b; 308, a; 417, b; 
 
 1025, b. 
 Whip, 424, a. 
 Wig, 270, b. 
 Wills, 948, a. 
 Window, 494, b ; 500, a. 
 Wine, 1044, a. 
 Witnesses (Greek), 605, a. 
 
 „ (Roman), 652, a. 
 Wrestlmg, 698, h. 
 
 X. H. 
 
 Bfvayo'i, 1065, b. 
 Eei'ijA.ocri'a, 1066, a. 
 s.evia, 490, a. 
 Hec/as ■ypa<pri, 1066, a. 
 Bevticd, 616, a. 
 UevmSy, 1066, b. 
 Eefwves, 490, b ; 494, a. 
 EeVoy, 490, a. 
 Uea-r-rfs, 1067, b. 
 cltpos, 457, a. 
 s.6avov, 898, b. 
 avXoKOTrla, 445, a. 
 BvaTapxos, 463, a. 
 EuiTTTjp, 817, a. 
 avards, 462, a. 
 EiiffTpa, 578, b. 
 Xystarchus, 463, a. 
 Xystus, 462, a ; 489, b. 
 
 Y. 
 
 Year (Greek), 175. 
 
 „ (Roman), 176. 
 Yoke, 533, 1). 
 
 Z. Z. 
 
 ZaKopot, 1068, a. 
 
 ZrjTTjToi', 1068, b. 
 
 Zevyirai, 212, a. 
 
 Zuyparpuv, 681, a. 
 
 Zorypa<p'ia, 680, a. 
 
 Ziifia, 1068, 1). 
 
 Zona, 1068, b. 
 
 Zwviov, 1068, h. 
 
 ZwvioTr\6K09, 1068, b. 
 
 Zonula, 1068, b. 
 
 Zophorus, 51, a. 
 
 Zioarrip, 1068, b. 
 
 Zvyd, 879, b. 
 
 Zvy toi, 879, b. 
 
 ZvyiTai, 534, a; 879, b. 
 
 Ziyou, 533, b ; 586, a; 839, b. 
 
 Zvyos, 533, b. 
 
 Zieos, 214, b. 
 
 FINIS. 
 
LONDON: 
 PIIINTED BY SAMUEL EENTLET 
 
 Bangor House, Shoe Lane. 
 
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